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HomeMy WebLinkAbout1973_08_01 Town Board Special Minutes 14 ‘. MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD AUGUST 1st, 1973, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Helwig Councilman Faiola Councilman Vandernoot Councilman Bloom Councilman White Absent: None Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meetings of June 6th and July 5th, 1973 were presented and on motion duly made and seconded, ap- proved as submitted. THE SUPERVISOR Before proceeding with the regular business, the Supervisor with the Board's consent recognized Councilman White who then presented the following statement on a matter not on the agenda for this evening's meeting: "Madam Supervisor, I would like to raise a matter which is not on our agenda but is of such importance that I believe it is best discussed now rather than later. There has been a great deal of public discussion as to the status of Mr. Faiola's position as a member of this Board. A series of events have given rise to this dis- cussion, including among others the sale of Mr. Faiola's business, Park Radio, earlier this year and the sale of his home in July. It is appropriate to consider the various laws of the State of New York which determine the status of elected officials under such circumstances. Section 23 of the Town Law of New York provides that every elective officer of the Town at the time of his election and throughout his term of office shall be an elector of the Town. Section 30 of the Public Officers Law of New York provides that a Town office shall become vacant when the elected officer ceases to be a resident. - 1 - 4S The terms elector and resident are terms of legal art and have been the subject of much litigation. The actions taken by Mr. Faiola may constitute the termination of his residence in the Town of Mamaroneck and the establish- ment of a new residence in Florida. Certainly, however, this is a question of fact on which honest men may differ. It has been suggested that if Mr. Faiola has ceased to be a resident of the Town the appropriate action for this Board to take is to declare his office vacant and to appoint an interim successor. A careful study of legal precedents has convinced me that this is not the proper action for the Town Council to take. Nevertheless, the question of Mr. Faiola's continued qualifica- tion for office must be resolved. Mr. Faiola's long and dedi- cated service to this Town as well as the bonds of friendship felt by each of us for him dictates that the matter be settled fairly and impartially. The best forum for such a fair and impartial determination is a properly constituted Court of the State which can consider with detached objectivity all of the relevant facts. Accordingly, I move that the Town Attorney be instructed to promptly take all steps necessary to institute an appropriate action in the Supreme Court of the State of New York on behalf of the Town Council to determine as a matter of law whether or not Mr. Faiola remains qualified to serve as a member of the Town Council." The motion was seconded by Councilman Bloom and unanimously approved by the Board following his statement that Ray had been a hard-working, dedicated and tremendously valuable member of this Board and servant of the community in which he had lived for so many years -- which made the need to deal with this problem an unhappy one. He further said he had joined Councilman White in his statement and seconded his motion in the hope that the Board would get proper guidance after Ray had had a chance to clarify his position. Councilman Faiola in speaking to the decision said he could not question that the action the Board had taken was the proper one and expressed the hope that the matter would soon be resolved to the satisfaction of all. He said he regretted the situation and apologized to the Board and the community for any inconvenience it might have caused. He explained that he had asked about his retire- ment status several months ago and at the:time his house was sold had been under the impression that his file was still missing from the Comptroller's office, not being aware that the information had become available from the State. As of this date, he continued, he had not been notified whether his naval service could be incorpor- ated in the record. "I don't want to leave a bad taste in anyone's mouth," he said, "I think I've served the Town to the best of my ability." The Supervisor expressed her regret that this situation had come about in this way, that Mr. Faiola had decided to move, and that there had been any slow down in the determination of his pension status due to misplacement of his papers in the Town office. She said she was glad Mr. Faiola concurred with the Board and that he was here inasmuch as it would have been distasteful to have taken this step without his presence. Mr. Faiola stated he would be back and that he had not established any residence in Florida despite any impression to the contrary, and Mrs. Helwig thanked Mr. Faiola for his realization of the situation the Board was in and of the need for its clarification. - 2 - 49 OLD BUSINESS 1. Reports of Engineer a. Informal Bids for School Flashing Beacon and Base, Weaver Street at Sts. John and Paul A report addressed to the Board by the Town Engineer under date of July 31st, 1973 reporting on the opening of the informal bids and recommending acceptance of the low bid was herewith presented and ordered received and filed for the record. And thereupon, in response to the Supervisor's query as to the Board's pleasure, the following resolution was adopted unanimously on a motion offered by Councilman Vandernoot and seconded by Coun- cilman White: RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of Thomas Guglielmo, in the sum of $938.00 for concrete base and related masonry, and Byron Electric, in the sum of $1,308.00 for flashing beacon signal, pole, ground rod and anchor bolts, in accordance with the specifications set forth for the aforesaid bids. b. Informal Bids, Underground Electric Service, Hommocks Road Pursuant to memorandum addressed to the Board by the Town Engineer under date of July 25th, 1973, herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that in accordance with the recommendation of the Engineer, this Board hereby accepts the bid of the low bidder, to-wit that of Mains and Mains, in the sum of $1,172.00 for underground electrical service on Hammocks Road, in accordance with the specifications set forth for the aforesaid bids. c. Informal Bids, Exterior Painting and Caulking, Court House Pursuant to memorandum addressed to the Board by the Town Engineer under date of July 26th, 1973, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that in accordance with the recommendation of the Engineer, this Board hereby accepts the bid of the low bidder, to-wit that of Diamond Do-All Ltd. , in the sum of $2,750.00 for exterior painting and caulk- ing of the Town Court House, as set forth in the speci- fications for the aforesaid bids. 2. Planning Board Report Subdivision, Laurel Avenue A report addressed to the Town Board by the Planning Board under date of July 25th, 1973, re subdivision-extension of Laurel Avenue was herewith presented and ordered received and filed for - 3 - the record. Councilman Bloom in speaking to this matter, stated that since the applicant presented a revised subdivision plan with the road coming in from Thompson Street rather than from Weaver far enough so as to provide access for the three lots and dead-end- ing there, the Planning Board recommended the Town Board's ap- proval of the requested 25-foot right-of-way. He further stated that a great deal of time had been spent in both public and private meetings and that the main point stressed in all discus- sions had been that Laurel Avenue should not be a through road. Since this provision had been met in the revised plan submitted, he said that the approval of this Board would not be needed were it not for Highway Law (section 171) requiring a 50-foot right-of-way. Therefore, he said, he would move that the Board approve the action taken by the Planning Board subject to the necessary approval of the State authorities. The Engineer, at the Supervisor's request, advised the Board that Mr. F. A. Grout of the New York State Department of Trans- portation upon viewing Laurel Avenue and the proposed extension had specifically said there must be a 50-foot right-of-way for any new development, therefore raising the possibility that the State's approval might not be easy to obtain. Councilman Bloom responded saying that he understood this, but that in fairness to the developer, the residents, and the Planning Board he had offered his resolution with the thought that though it was one man's opinion that the proposed extension could not be approved, the Town should still make formal application for the necessary approval. Councilman Faiola observed that this revision had materially changed the original plan in providing for the roadway to come in from Thompson Street rather than Weaver Street and he would therefore question whether it would affect the emergency services and whether there should not be another public hearing in view of the changing ingress and egress. The Supervisor explained that the residents affected had attended the Planning Board meeting on July 11th, 1973, had been heardi3' and were fully conversant with all details but that in addition she understood that the Planning Board would hold a public hear- ing following this Board's action this evening. A question by Chief Ciardullo as to whether anyone could extend the road at any time after this was answered by the Supervisor to the effect that since the Town did own the right-of-way,, only the Town could extend the improvements and Councilman Bloom pointed out that the present plan only governed the opening to the point shown and that any further proposal would be subject to the same procedure as obtained in this instance. Mrs. Shultz of 25 Alden Road, upon recognition, asked how the State was involved, whereupon Councilman Bloom explained that our form of government put a great deal of power in the State and under its Highway Law (section 171) a 50-foot right-of- way was required as had just been pointed out and approval must be accompanied by the required approval from the State Depart- "' ment of Transportation. And thereupon since there were no further questions, the motion was seconded by Councilman White and the following resolution unanimously adopted: RESOLVED, that this Board hereby approves the 25-foot right-of-way as shown on the revised subdivision plan - 4 - presented at the Planning Board meeting on July 11th, 1973, subject to obtaining the nec- essary approval from the State Department of Transportation. NEW BUSINESS 1. Authorization for Collection of 1973 School Taxes Pursuant to the Tax Receiver's request, on motion by Coun- cilman White, seconded by Councilman Bloom, the following resolution was adopted by unanimous vote of the Board, all members present voting "aye": RESOLVED, that the Town Board of the Town of Mamaroneck, in accordance with Section 550a of the Westchester County Tax Act, being Article 16 of the Westchester County Administrative Code as amended by Chapter 386 of the Laws of 1962, does hereby authorize the Receiver of Taxes of the Town of Mamaroneck to accept from any taxpayer two partial payments in equal installments for or on account of school taxes and apply such payments on account thereof, and that he shall accept payment of said school taxes in full at the discretion of the taxpayer, or as stated in two partial payments, with the first installment being due and payable in the month of September and the second being due and payable in the month of January following, provided that no installment may be paid unless the first installment of current school taxes, including interest and pen- alty, shall have been paid or is paid at the same time. If the second partial payment is received during the month of January, no interest or penalty shall be charged against the second partial payment; and be it further RESOLVED, that as provided in said statute, unless the first partial payment is received during the month of September and the second partial payment is received during the month of January, the pen- alty provided for payment of school taxes as set forth in Section 543 shall be applicable as follows : First Installment September No penalty October 2% November 5% December and January 7% February and March 10% April and thereafter I III up to date of sale 12% Second Installment February and March 10% April to date of sale 12% and be it further - 5 - RESOLVED, that the first installment shall be due and payable and become a lien on the taxable property of the school district on September 1st, 1973, and the second installment on January 1st, 1974; and be it further RESOLVED, that the Town Clerk, the Comptroller, the Receiver of Taxes, and the Assessor shall prepare a suitable form of tax receipt, to be presented at the expense of the Town; and be it further RESOLVED, that pursuant to Section 551 of Chapter 386 of the Laws of 1962, a statement concerning the tax information be printed, and the Receiver of Taxes shall mail with each receipt for taxes a printed copy of such state- ment; and be it further RESOLVED, that the schedule of penalties be as follows: Penalty Schedule 1st Half 2nd Half September No penalty -- October 2% -- November 5% -- December and January 7% -- February and March 10% 10% April to date of sale 12% 12% and be it further RESOLVED, that this resolution shall take effect immediately. 2. Report on Recreation Survey and 3. Authorization to Advertise for Bids for Ice Rink Air Structure and Related Facilities at the Hommocks Tennis Courts At Councilman Whitd.s request, since he stated that Mr. Kronen- berger would be here later this evening as soon as he finished issuing permits at the Hommocks Pool to speak to items 2 and 3 on the agenda, these two matters were deferred by unanimous order of the Board. 4. Salary Authorizations for: a) Conservation Pursuant to memorandam of P. T. Leddy under date of July 25th, 1973 herewith presented and ordered received and filed, on motion by Councilman White, seconded by Councilman Vandernoot, - 6 -. it was unanimously RESOLVED, that this Board hereby approves the engagement of Tina Marie Capobianco as part- time Intermediate Clerk, effective as o v of July 25th, 1973 and to be compensated at the rate of $2.00 per hour. b) Conservation Advisory Committee Pursuant to memorandum addressed to the Board by Thomas Amlicke, Chairman of the Conservation Advisory Committee, under date of July 31st, 1973 herewith presented and ordered received and filed, on motion by Councilman White, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes that David Sleeper be engaged to work on the Natural Resources Inventory for the period beginning August 6th and ending August 31st, 1973, and to be compensated at the rate of $80.00 per week. c) Recreation - Pool Attendants Pursuant to memorandum of the Superintendent of Recreation under date of July 27th, 1973 herewith presented and ordered received and filed, on motion y Councilman Bloom, seconded by Council- man Faiola, it was unanimously RESOLVED, that as recommended by the Recreation Commission, this Board hereby authorizes that John F. Irwin and Kerry Hagan be engaged as Recreation Attendants, Hommocks Pool, effective July 27th and August 1st, 1973 respectively, wit1 each to be compensated at the rate of $2.00 per hour. d) Recreation - Summer Payroll Pursuant to memoranda of the Superintendent of Recreation under dates of July 10th, 12th and August 1st, 1973 herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman White, it was unanimously RESOLVED, that as recommended by the Recreation Commission, this Board hereby authorizes that Lisa W. Gedney be engaged as Recreation Attend- ant effective July 1st, 1973, with compensation at the rate of $2.00 per hour and Jerome Neuhoff and Carole King be engaged as Recreation -`Specialist and Recreation Assistant, effective July 9th, 1973 and compensated at the rate of $40.00 and $55.00 per week respectively. 5. Authorization for Payment of Emergency Overtime for: a) Police Pursuant to memorandum of the Police Commission under date of July 20th, 1973, herewith presented and ordered received and filed, on motion by Councilman Vandernoot, seconded by Council- man Bloom, it was unanimously - 7 - RESOLVED, that as approved by the Board of Police Commissioners, this Board hereby authorizes payment of Emergency Overtime Compensation to the following officers of the Town of Mamaroneck Police Department for the number of hours set forth for each cover- ing the period from June 22nd to July 20th, 1973: Name Hours Min. Sgt. Diamond 12 " Greenstein 2 Det. DeVico 2 " Mulcahy 4 Ptl. Adamo 2 " Baumblatt 16 " Graziano 30 " Garrison 7 30 " Gerace 1 " Mosiello 2 " Pyrch 4 30 Total 53 30 b) Fire Pursuant to memorandum of the Fire Chief under date of July 19th, 1973, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Bloom, it was unanimously RESOLVED, that as approved by the Fire Chief, this Board hereby authorizes payment of Emergency Overtime Compensation to the following Firemen of the Town of Mamaroneck Fire Department for the number of hours set forth for each covering the period from June 21st to July 19th, 1973: Name Hours Lieut. Louis Testa 28 " Frank Felice 10 Joseph Garofalo 38 Fireman Carl Mirande 25 Frank Carpino 33 " James Laverty 48 " Norman Wilson 20 Kenneth Valle 42 Henri Newman 32 Raymond Baron 34 Mark Rappaport 34 Total 344 Councilman Faiola explained that the reason for this amount of overtime was several illnesses and accidents in the Depart- ment and that, in view thereof, it might be the time to consider adding the additional man requested by the Department. Councilman Bloom stated that he agreed with Councilman Faiola's suggestion and that study and consideration be given thereto in view of the overtime increase. - 8 - 5 6. Authorization for Overtime Payment for Police Inspection Pursuant to memorandum of the Police Chief under date of June 25th, 1973 herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman White, it was unanimously RESOLVED, that as approved by the Board of Police Commissioners, this Board hereby authorizes payment of overtime compensation to the following officers of the Town of Mamaroneck Police Department for their attendance at the annual departmental inspection held on June 23rd, 1973: Name Hours Sgt. McClintock 2 " Silvestri 2 " Diamond 2 " Vitro 2 Det. Sgt. Mahoney 2 Det. Mulcahy 2 " DeVico 2 Ptl. Giacomo 2 " Costello 2 " Ambrosovitch 2 " ,LeViness 2 " Coy 2 " Garrison 2 " Baumblatt 2 " Fuller 2 Hutcheon 2 " Catapano 2 " Mosiello 2 " Knox 2 " Nardelli 2 " :.)Munch 2 " Thompson 2 " Passafume 2 " Graziano 2 " Pf oh 2 Total 50 7. Authorization - Termination and Reappointment (Provisional Appointment) of Assistant Assessment Clerk Pursuant to a communication addressed to the Board by the County Personnel Office under date of July 16th, 1973, herewith presented and ordered received and filed, on motion by Council- man Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes that the provisional appointment of Joyce Coupe, Assistant Assessment Clerk, be and it hereby is terminated as of July 16th, 1973, and hereby authorizes her provisional reappointment effective as of that date. - 9 - 8. Resolution Appointing Village of Mamaroneck Clerk-Treasurer as Fiscal Officer, Narcotics Guidance Council Pursuant to the Supervisor's request and in accordance therewith, on motion by Councilman Faiola, seconded by Councilman White, the following resolution was adopted by unanimous vote of the Board with direction that a certified copy thereof be forwarded to Joseph P. Fraioli, Clerk-Treas- urer of the Village of Mamaroneck: WHEREAS, under the contract with the Narcotics Guidance Council, the Comptroller of the Town of Mamaroneck was designated as the Fiscal Officer to administer the funds thereof, and WHEREAS, the said Comptroller having died, the Narcotics Guidance Council has requested that the Village of Mamaroneck assume the responsi- bilities formerly discharged by the said Comp- troller, NOW, THEREFORE, BE IT RESOLVED, that Joseph P. Fraioli, Clerk-Treasurer of the Village of Mamaroneck, is hereby designated as the Fiscal Officer for the Narcotics Guidance Council as of August 1st, 1973, and be it further RESOLVED, that the joint funds will be in the custody of the Village of Mamaroneck. A like resolution adopted by the Board of Trustees of the Village of Mamaroneck at its July 9th meeting was herewith presented and ordered received and filed for the record. 9. Designation of Polling Places 1973 Registration and Election Pursuant to the Town Clerk's request for authorization of the 1973 Polling places, on motion by Councilman Vandernoot, seconded by Councilman White, it was unanimously RESOLVED, that in accordance with the provisions of Section 66 of the Election Law, being Chapter 17 of the Consolidated Laws of the State of New York as amended, the Town Board of the Town of Mamaroneck hereby designates a place for each Election District in the Town, at which a meeting for the registration of voters, election, and primaries shall be held in the year following the ensuing first (1st) day of October as follows : District No. 1 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, New York District No. 2 Volunteer Firehouse, Mamaroneck Avenue, Mamaroneck, New York - 10 - 17 District No. 3 Mamaro Firehouse, Palmer Avenue, Mamaroneck, New York District No. 4 Central School Annex, Boston Post Road, Mamaroneck, New York District No. 5 Westchester Joint Water Works Office, 1625 Mamaroneck Avenue, Mamaroneck, New York District No. 6 Chatsworth Avenue School, Forest Park Avenue, Larchmont, New York District No. 7 Chatsworth Avenue School, Forest Park Avenue, Larchmont, New York District No. 8 St.. Augustine's School Gymnasium, Larchmont Avenue, Larchmont, New York District No. 9 Chatsworth Avenue School, Forest Park Avenue, Larchmont, New York District No. 10 Francis Coffin Mun. Bldg. (St. John's Episc. Church), Grove Avenue, Larchmont, New York District No. 11 Chatsworth Garden Apartments, 14 North Chatsworth Avenue, Larchmont, New York District No. 12 Murray Avenue School, Daymon Terrace, Larchmont, New York District No. 13 Murray Avenue School, Daymon Terrace, Larchmont, New York District No. 14 Central School, Palmer Avenue Larchmont, New York District No. 15 School of Sts. John & Paul, Weaver Street, Larchmont, New York District No. 16 Mamaroneck High School, House B, Boston Post Road, Mamaroneck, New York District No. 17 Central School Annex, Boston Post Road, Mamaroneck, New York District No. 18 Town Garage, Maxwell Avenue, Larchmont, New York - 11 - SS District No. 19 Weaver Street Firehouse, Weaver Street, Larchmont, New York District No. 20 School of Sts. John & Paul, Weaver Street, Larchmont, New York District No. 21 Murray Avenue School, Dayman Terrace, Larchmont, New York District No. 22 Palmer Terrace Apartments, Palmer Court, Mamaroneck, New York District No. 23 Mamaroneck High School, House B, Boston Post Road, Mamaroneck, New York District No. 24 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, New York District No. 25 Montessori School, Lorenzen Street and Boston Post Road, Larchmont, New York 10. Fixing Date for Public Hearing Renumbering Fenimore Road The Clerk explained that there was some confusion in the Post Offices and also at times of registration and election due to the same numbers being on properties on Fenimore Road in both the Village and Town of Mamaroneck. In order to eliminate this confusion, Mr. Gronberg suggested that the Town properties be renumbered and that a public hear- ing be held thereon at the next meeting of the Board with all residents notified prior to that date so that any objections could be registered with his office before September 5th. Councilman Faiola stressed the necessity of notification to the residents in the near future since the change of property numbers could involve legal changes of address, stationery, etc. , and Mr. Norman Wilson, upon recognition, brought up the fact that there were other streets along with Fenimore Road in the same situation. He suggested, therefore, all of the streets in like circumstances be done at the time Fenimore Road was being considered. Mr. Gronberg, however, requested the Board to consider Fenimore Road on the 5th of September and subsequently entertain Mr. Wilson's suggestion for the other Town roads which was thereupon, on a motion by Councilman White, seconded by Councilman Bloom, so ordered with the following resolution fixing the date for the September 5th meeting for public hearing thereon unanimously adopted: RESOLVED, that a public hearing will be held before this Board at its next regular meeting on Wednesday evening, September 5th, 1973, in the Council Room or Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, to consider the proposed renumbering of Fenimore Road from the Village of Mamaroneck - 12 - S line to the Scarsdale Village-Town line; and be it further RESOLVED, that the Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, "The Daily Times", Notice of. such Hearing as required by law. 11. Authorization to Advertise for Bids for Sheldrake River Improvement Pursuant to memorandum addressed to the Board by the Town Engineer under date of July 27th, 1973 herewith presented and ordered received and filed and following his explanation, on motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unanimously RESOLVED, that in accordance with law, the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, "The Daily Times", a Notice for Bids, to be returnable October 17th, 1973, and opened and read aloud at a regular meeting of this Board at 8:15 p.m. on that date for rock removal and improvements to the Sheldrake River, in accordance with the speci- fications set forth in the Notice, provided that the said specifications have been approved by the Town Attorney prior to the publication of the aforesaid Notice for Bids. 12. Report on "TOPICS" Program and Request for Resolution Authorizing Participation in Program The Supervisor briefly summarized the report of the meeting held on July 12th, 1973 at the Mamaroneck Village Hall to discuss "TOPICS", which is Traffic Operations Program to Improve Capacity and Safety. This meeting was attended by Mr. A. Freed, County Traffic Commissioner, Executive Secretary coordinating all "TOPICS" jobs, the Supervisor, Police Chief and Engineer of the Town, the Police Chief of Larchmont Village and the Magager, Engineer and Police Lieutenant Paonessa of Mamaroneck Village. In order to set in motion the machinery necessary to making this area a part of the project, the Supervisor explained that a reso- lution so authorizing was needed by the Board if that were its pleasure. This request for inclusion in this program was then submitted to Mr. N. M. Sinacori, Regional Engineer of the New York State Department of Transportation, and if approved, a date for another meeting would then be scheduled. She concluded her remarks by stating that she strongly recom- mended that the Town and both Villages become an area included in this project and thereupon inquired as to the Board's pleasure. Whereupon, on a motion by Councilman Vandernoot, seconded by Councilman White, the following resolution was adopted unani- mously WHEREAS, there are many problems that relate to the safe and expedient passage of traffic within the Unincorporated Area of the Town and the Vil- lages of Larchmont and Mamaroneck; - 13 - 10 and WHEREAS, solutions to these problems of safety, delay and congestion must be developed on a joint basis since there is a close relation- ship of travel patterns between and through these communities; NOW, THEREFORE, BE IT RESOLVED, that the Town Board requests the New York State Department of Transportation to create a "TOPICS" District consisting of the Unincorporated Area of the Town of Mamaro- neck and the Villages of Larchmont and Mamaro- neck so that the necessary study and recommenda- tions to improve the safety of our streets and to protect both motorists and pedestrians may be made in the near future. THE SUPERVISOR Upon Mr. Kronenberger's arrival, the Supervisor stated that items 2 and 3 on the agenda would now be entertained and called on Councilman White, Board liaison to Recreation, to report on the Recreation Survey. Councilman White reported that the questionnaire return on the Survey mailing to every resident had indicated strongest support for the bubble, the children's play-yard and paddle tennis in that order. He then briefly described the proposed facility to be built over the five courts at Hummocks, explain- "' that it would provide year-round indoor tennis and iceskat- ing and thus meet the educational as well as many other needs of the community. He also pointed out that the cost estimated at somewhere around $225,000. would be entirely borne by those who used the facility and would be paid in full within a five-year period. Further, he said, if realized, the Town would be the first community to have such a facility and might well be a minimum of ten years ahead of any other. Mr. Kronenberger explained that there would be tennis during five months of the year -- September, October, April, May and June with iceskating from November through March. He said the school was strongly in favor of this facility inasmuch as it would meet not only its High School ice hockey team needs but also it was hoped make it possible to have a Junior High team in addition to all other tennis and skating programs. He further pointed out that whi?e skating would end in March, the bubble would obviate all night spring tennis problems caused by insects drawn by the powerful lights on the outdoor courts through- out the entire spring season. When questioned on charges, Mr. Kronenberger quoted tennis estimated at $8.00 per hour versus the commercial $12.00 and skating at $1.00 per session for adults and 65Q for children. A group of Firemen including Norman Wilson, James Laverty and Robert Reynolds voiced objection based partly on it being at Hummocks, partly on their desire that "money to be spent on the kids in other areas of the Town", and partly because no ball fields were being provided. - 14 - These criticisms were met by Messers. Stahr and Kronenberger who referred to the availability of the Hammock's location to all residents and the existent recreation programs for children in various areas of the Town. Further with it reference to ball fields, Mr. Stahr pointed to the almost total lack of interest shown on the survey returns and asked why? Mrs. Peggy Snyder, after stating that she felt that the question- naire was loaded and that she had evidenced interest in paddle tennis, for which support had been noted as good, asked whether there was any way of knowing wheTe the replies had come from. Mr. Kronenberger replied "no - except in the case of those that were signed." As to paddle tennis courts, he stated that as of this date he had not yet heard of any which were self- sustaining due to the cost of construction and the very limited number of persons who were able to use them. A further question by Mr. Laverty as to whether the $225,000. was in the budget was answered by the Supervisor in the negative and followed by her explanation of the plan for financing the proposed bubble facility with particular emphasis on the fact that it would be completely self-sustaining with the entire cost borne by those who used it. Councilman White, ;after 'stating he _was.-strongly, in support of the Commission's recommendation for the construction of this facility, moved authorization to advertise for bids therefor to be returnable at the next meeting of the Board on Septem- ber 5th. The motion was seconded by Councilman Bloom and the following resolution unanimously adopted: RESOLVED, that in accordance with law, the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, "The Daily Times", a Notice for Bids, to be returnable September 5th, 1973, and opened and read aloud at a regular meeting of this Board at 8:15 p.m. on that date for anrdlce Rink, Air Structure and Related Facilities at the Hommocks Tennis Courts, pro- vided that the said specifications have been approved by the Town Attorney prior to the publication of the aforesaid Notice for Bids. Councilman White expressed thanks to Mr. Stahr and the members of his Commission for its past two years of research and study in the matter of the proposed air structure, and particularly credited Mr. Kronenberger, the Superintendent of Recreation, on his foresight and vision. Mr. Laverty, upon recognition, called to attention the deplorable conditions at the Memorial Park Playground and Park itself, not- ing the vandalism destruction, "cigarette" smoking under the Murray Avenue bridge, etc., and requesting the Board's attention thereto. The Supervisor inquired whether Mr. Laverty was saying that the rehabilitation of the Playground which had taken place since the last meeting was being destroyed? He replied, "yes". Whereupon Mrs. Helwig said that certainly efforts would be redoubled to bring an end to this situation.. - 15 - f2 COMMUNICATIONS 1. Request to Hold Block Party Mrs. Paul C. Moran, Jr. 11 Country Club Drive A letter addressed to the Board by Mrs. Paul C. Moran, Jr. of 11 Country Club Drive, Town, requesting permission to hold a block party on the cul de sac of Hilltop Road on August 18th, :. together with the Police Chief's report approving said request, was herewith presented and ordered received and filed. And thereupon on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that the request of Mrs. Paul C. Moran, Jr. of 11 Country Club Drive, to hold a block party on August 18th, be and it hereby is approved; and be it further RESOLVED, that Mrs. Moran be notified accordingly. 2. Letter, Mrs. Charles W. Bellows re "Senior Citizens Drop-in Center" A letter addressed to the Supervisor by Mrs. Charles W. Bellows under date of July 13th, 1973 thanking the Board for its appro- priation of funds for a "Senior Citizens Drop-in Center" was herewith presented and ordered received and filed. 3. Letter, DonaldlOresman re "Senior Citizens Drop-in Center" A letter addressed to the Board by Donald Oresman, Chairman of the Larchmont Library Board of Trustees, under date of July 6th, 1973 offering the Library's assistance at any and all times to the "Senior Citizens Drop-in Center" program, was presented and ordered received and filed. 4. N.Y.S. Department of Transportation Permit, Flashing Beacon Signal Weaver Street at Sts. John and Paul and Letter, W. D. Fitzpatrick - July 25th, 1973 The application for a flashing beacon school sign assembly for Sts. John and Paul School on Weaver Street was presented and upon the Clerk's report that it had been forwarded to Mr. W. D. Fitzpatrick, Assistant Civil Engineer, New York State Depart- ment of Transportation, was ordered received and filed. Ill 5. Letter, Mr. DiMarco, Automobile Club of New York re Traffic Survey and Report of Chief Barasch A letter addressed to Mrs. Helwig by Charles S. DiMarco, Assistant Director Traffic Engineering and Safety Services of the Automobile Club of New York, Inc., under date of July 3rd, 1973 was herewith presented and ordered received and filed. - 16 - E3 6. Notice of Public Hearing N.Y.S. Department of Environmental Conservation Following the Supervisor's report that Mr. George H. Straub, Superintendent of the Westchester Joint Water Works, would represent the Town, the Notice of Hearing of the New York State Department of Environmental Conservation was presented IIIand ordered received and filed. 7. Notice of Public Hearing - P.S.C. , Con Ed Elmsford, White Plains, Harrison Transmission Facility Upon the Attorney's advice that no action was required by the Town, a Notice of the Public Service Commission re Con Edison's • Elmsford, White Plains, Harrison Transmission Facility was presented and ordered received and filed. 8. Notice of Hearing Village of Mamaroneck Board of Appeals A Notice of Hearing on August 2nd, 1973 before the Board of Trustees of the Village of Mamaroneck on the application of the Estate of Dan H. Elkind was presented and ordered received and filed. The Supervisor advised the Board that Mr. Fred Maggini, Chair- man of the Planning Board, would appear on behalf of the Town re the application and report thereon. III Mr. Otto Scheuble of 3 Rock Ridge Road, upon recognition, addressed the Board re this matter, stating his objections to the proposed use of this property and requesting note thereof in the minutes of this meeting. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed. Report of the Receiver of Taxes and Assess- ments for the month of July 1973. Report of the Building and Plumbing Inspector for the month of July 1973. Report of the Town Clerk for the month of July 1973. Reports of the Westchester Shore Humane Society, Inc. for the months of June and July 1973. III Reports of the Municipal Dog Patrol for the months of June and July 1973. Affidavit of Publication of the Supervisor's Report for the year 1972. - 17 - The Supervisor -- 1. Designation of Councilman Vandernoot as Acting Supervisor Following the Supervisor's announcement that she would be on vacation in Scandanavia during the month of August and in view of the Senior Councilman's absence in Florida, she re- quested that Councilman Vandernoot be designated to serve as Acting Supervisor during her absence and on motion unanimously made and seconded, it was RESOLVED, that Councilman Joseph F. Vandernoot be and he hereby is designated to serve as Acting Supervisor of the Town of Mamaroneck during the Supervisor's absence from August 6th to August 31st, 1973. 2. Alternate Member of Joint Garbage Disposal Commission Mrs. Helwig explained that it was essential in the absence of the Supervisor to delegate an alternate to sign payrolls and perform any other necessary tasks for the Garbage Disposal Commission. Since it appeared that Councilman Faiola who had held this position for some years and attended the oc- casional meetings and otherwise given valuable counsel and assistance, would not be readily available and since she would be on vacation, she requested the appointment of Councilman Vandernoot to replace Councilman Faiola. And therefore on a motion unanimously made and seconded, it was RESOLVED, that Councilman Vandernoot be and he is hereby appointed to serve as alternate to the Supervisor on the Larchmont-Mamaroneck Joint Garbage Disposal Commission, to act in her absence or whenever she is not available for a Board meeting of the said Commission. 3. Receipt of $3,020. New York State Division for Youth The Supervisor reported that she had received notice that the Town would receive $3,020. in federal funds channeled through the New York State Division for Youth to partially reimburse it for its expenditures on youth programs during the six-month period from October of 1971 through March 1972. In reply to Mrs. Shultz's question as to whether this was a one-time thing, Mrs. Helwig stated that it was as far as she knew at this time. Not on Agenda 4. Report on E.P.A. Noise Standards For informational purposes, Mrs. Helwig called to attention the article in the New York Times reporting the new noise standards established by the E.P.A. for trucks, advising that if similar standards were fixed in New York State, there would be a reduction of almost one-half the present noise from trucks and buses. - 18 - The Councilmen -- Mr. Vandernoot -- (Not on Agenda) 1. Apportionment Upon presentation of the following apportionment, on motion III by Councilman Vandernoot, seconded by Councilman White, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented petition for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Tax Law; • and WHEREAS, after due consideration this Board finds it desirable to grant said petition for the cor- rection of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1972-1973, taxes of 1973, which shows property now appearing on the rolls as follows: Block Parcel Name Land Imp. Total 607 376 Edward F. Hollenbeck $3,100. $10,400. $13,500. & W. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 607 376 David Rudolph &W $2,900. $10,400. $13,300. 607 900 Sydney A. Astle &W 200. -- 200. 2. Increase in Appropriation for Maintenance of CAP Building Councilman Vandernoot announced that he had some good news to report about CAP which had been granted $12,887. channeled through Westchester Coop, the County Branch of 0.E.O. , The receipt of these federal funds, he continued, in turn enabled the Town to appropriate for CAP an additional $4,185. from Federal Revenue Sharing funds for building maintenance and thus rectify a miscommunication between Mr. Green and the Town's Director of Finance wherein the 1973 budgetary appropri- ation showed $5,675. rather than the $9,860. required for CAP's building operation and maintenance. Therefore, he said, it was with a great deal of pleasure that he so moved. The motion was seconded by Councilman Bloom and the following III resolution thereupon unanimously adopted: RESOLVED, that this Board hereby authorizes the appropriation of $4,185. to CAP for building and maintenance costs, said funds � to be appropriated from Town of Mamaroneck Federal Revenue Sharing Funds, for the year 1973. - 19 - gti Upon recognition Mr. Otto Scheuble of 3 Rock Ridge Road, then addressed the Board speaking in strong protest to this appropriation and stating that he strictly objected to taking taxpayers' monies for this purpose, which he requested be recorded in the minutes of this meeting and was thereupon so ordered. Mrs. Theodore Shultz of 25 Alden Road, upon recognition, asked whether there was any question about raising more money for salaries? The Supervisor replied that she did not have detailed informa- tion but that she did understand there was no question about the continuance of "Day Care" or other federally funded programs. Mr. Bloom -- 1. Reappointment to Planning Board Mr. Fred L. Maggini Councilman Bloom said that it was his pleasure to present for reappointment to the Planning Board to succeed himself, the name of Fred L. Maggini, member and chairman thereof since the date of its establishment. As a past member of this Board from 1959 to 1969 and one who had enjoyed the privilege of serving under his chairmanship, he said, I know and can attest personally to his knowledge, thoroughness and dedication to this Town and its residents, and therefore I am more than delighted that he has agreed once again to continue for the time being at least in this sensitive and vital post. Whereupon on his motion, which was seconded by Councilman White who remarked that "Mr. Maggini was indeed one of those fine men this Town was so fortunate as to have", the follow- ing resolution was unanimously adopted: RESOLVED, that Mr. Fred L. Maggini be and he hereby is reappointed as a member and Chairman of the Town of Mamaroneck Planning Board, to serve for a term of office of five (5) years, beginning as of July 7th, 1973 and terminating as of July 6th, 1978; and be it further RESOLVED, that Mr. Maggini be notified of his reappointment, with the thanks and appreciation of this Board. Mr. White -- 1. Recreation Commission Activities at Hummocks For the Board's information, Councilman White presented a letter addressed to Mr. Ronald G. Crawford, Principal of the Hommocks School, under date of July 13th, 1973, which read as follows : "Perhaps you have heard of this by word of mouth, but I should inform you officially that - 20 - the Recreation Commission has authorized the furnishing of $1,000.00 of "seed money" to help underwrite the expenses of the after- school club activities at Hommocks School. It should be understood that this money comes from a "non-recurring" source, so we are not able to make a commitment for succeeding years. III Please accept the Commission's best wishes for the success of this activity." Councilman White pointed out that the after-school activities from 3 to 5 p.m. referred to in the letter were not limited to the Hommocks School but were for all in the Junior High age bracket and expressed on behalf of the Board its pleasure that the Recreation Commission had agreed to help sponsor this program. Mrs. Shultz, upon recognition, added that the program would encompass camera workshops and other activities of this type and thus provide the kind of program in which many young people of this age were extremely interested in. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:20 p.m. , to reconvene on September 5th, 1973. IIIBOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Upon presentation for authorization of payment by Commissioner Faiola and on his motion, seconded by Commissioner Vandernoot, it was unanimously RESOLVED, 'that this Commission hereby author- izes payment of the following Fire Department claims approved by the Fire Chief and audited by the Comptroller's office: AAA Emergency Supply Co. , Inc. $ 281.70 R. G. Brewer, Inc. 21.45 Brigante Lawnmowers S/s 14.75 Frank Claps Landscape Contractor 257.60 Con Edison 182.42 III Con Edison 5.00 Dri-Chem Extinguisher Company 680.25 Excelsior Garage & Machine Works,Inc. 1,016.75 Exterminating Services Co. 7.0.0 Exxon Company, U.S.A. 65.68 I & T Plumbing & Heating Co. , Inc. 40.75 N. LaRussell 36.00 McGuire Brothers, Inc. 30.00 - 21 - New York Telephone Company $ 156.32 New York Telephone Company 9.84 R & A Collision, Inc. 450.00 William Smith Supplies 32.21 Suburban Communications, Inc. 14.15 Village Paint Supply, Inc. 47.70 Westchester Joint Water Works 5,037.50 Total $ 8,387.07 2. Reports Commissioner Faiola presented the Fire Report for the month of July 1973 which was ordered received and filed for the record. 3. Communications a) Pursuant to communication addressed to the Commission by Kenneth Valle, President of the Town of Mamaroneck Paid Firefighters Association, under date of July 29th, 1973 and following some discussion during which it was pointed out that this request was granted last year, on motion by Commis- sioner Faiola, seconded by Commissioner Vandernoot, it was unanimously RESOLVED, that this Commission hereby approves the request of the Town of Mamaroneck Paid Firefighters Association for permission to hold a raffle. b) Pursuant to communication addressed to the Commission by Kenneth Valle, President of the Town of Mamaroneck Paid Firefighters Association, under date of July 29th, 1973, on motion by Commissioner Faiola, seconded by Commissioner Vander- noot, it was unanimously RESOLVED, that this Commission hereby grants permission to the Town of Mamaroneck Paid Firefighters Association to distribute pencils during Fire Prevention Week, the first week in October 1973. 4. Other Business a) Commissioner Faiola Mr. Faiola stated that he wished to recommend that the Commissioners give consideration to awarding a commendation to the Chief and Firefighter James Laverty for the removal of a truck with a burning tank from the Village Ford Garage. Mr. Laverty, he said, had gotten into the truck and backed it out of the garage with its tank already on fire and then with the Chief proceeded to remove the tank from the truck. The Commissioners expressed their congratulations to both men, stating unequivocally that such action certainly merited commendation! 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:30 p.m, to reconvene on September 5th, 1973. Town J'erk - 22 -