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HomeMy WebLinkAbout1973_02_07 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD FEBRUARY 7th, 1973, IN THE COUNCIL ROOM 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 Absent: Councilman White Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Highway Superintendent Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meetings of December 20th, 1972 and January 3rd and 17th, 1973 were presented and on motion duly made and seconded, approved as submitted. OPENING OF BIDS - Tandem Roller Highway Department The Clerk presented the Affidavit of Publication of the Notice for Bids for the record, and opened and read aloud the follow- ing bids reporting receipt of the signed non-collusive state- ment in each case together with bid check: Bidder Bid George Malvese & Co. , Inc. $ 9,225.00 Municipal Machinery Co. , Inc. 8,685.00 Theodore J. Burke & Son, Inc. 8,671.50 E. H. Kliebenstein Co. 8,000.00 Empire Tractor & Equipment Corp. 9,550.00 And thereupon on motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unanimously RESOLVED, that the foregoing bids be referred to the Highway Superintendent, the Engineer, the Attorney and Comptroller for examination with their report to the Board at the next meeting. - 1 - NEW BUSINESS 1. Request for Title Search Barnwall Lane Pursuant to the memorandum addressed to the Board by the Town Engineer under date of February 1st, 1973, herewith presented and ordered received and filed, on motion by Coun- cilman Bloom, seconded by Councilman Faiola, it was unani- mously RESOLVED, that this Board hereby authorizes that a title search of that portion of Barnwall Lane (Fairway Drive) as indicated on RO Map #7909, registered in the County Clerk's Office, Division of Land Records, White Plains, New York, that will have to be improved by the Town,be obtained from the Title Guarantee Company at a cost not to exceed the sum of $300. 2. Report - Street Lighting Hommocks Road A report addressed to the Town Board by the Town Engineer under date of February 1st, 1973 re street lighting on Hommocks Road was herewith presented and ordered received and filed for the record. 3. Salary Authorizations: a) Community Beautification Pursuant to memorandum of P.T. Leddy under date of January 18th, 1973, herewith presented and ordered received and filed, on motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby approves the engagement of Kevin Purcell as Park Attendant for one week, effective January 15th, 1973, and to be compensated at the rate of $2.80 per hour. b) Sanitation Pursuant to memorandum of the Superintendent of Highways under date of January 31st, 1973, herewith presented and ordered received and filed, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that pursuant to recommendation of William Aitchison, Superintendent of Highways, William H. Brewton, James A. Evans, Prentis M. Jackson and Willie J. Nixon be and they hereby are engaged as sanitation men, effective Febru- ary 5th, 1973, and each to be compensated at the rate of $6,995. per annum. c) Recreation Pursuant to memorandum of the Superintendent of Recreation under date of January 30th, 1973, herewith presented and - 2 - 2112 ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that as recommended by the Recreation Commission, this Board hereby authorizes that Anthony Fratarola and James Iantorno be engaged as Recreation Assistants, effective as of Janu- ary 20th, 1973, and each to be compensated at the rate of $5.00 per session. d) Police Pursuant to memorandum addressed to the Torn Board by Chief Robert Barasch under date of January 29th, 1973 herewith presented and ordered received and filed, on motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby approves the appointment of John P. Pfoh of Woodbine Avenue, Larchmont, New York as a Patrolman in the Town of Mamaroneck Police Department, effective as of February 8th, 1973, and to be compensated at the rate of $10,538. per annum beginning on that date. 4. Petition - Stop Signs, North Chatsworth at Bryson Street and Glenn Road The Supervisor reviewed a petition presented by some sixty residents of the North Chatsworth, Bryson Street and Glenn Road area requesting stop signs on North Chatsworth Avenue at its intersections with the aforesaid streets and inquired whether anyone present wished to speak to this matter? Mr. Mark Jacoby, one of the signatories, asked whether it was possible to pass this petition at this time on its merit to which the Supervisor replied that although the petition would seem to have merit, it was necessary to follow the usual custom which was to refer it to the Police Commission and Police Chief for study and recommendation to this Board. She explained that in the Town the Police Commission served as the Traffic Commis- sion whereupon all such requests were accordingly referred to that body. Mr. Jacoby thanked the Board stating that he assumed the interested parties would be notified when the matter was to be further entertained by the Board. 5. Authorization Mandatory Salary Increases (Police January 1 - June 27th, 1973) Pursuant to memorandum of the Comptroller under date of February 1st, 1973, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unani- mously RESOLVED, that this Board hereby authorizes the following mandatory salary increments in accord- - 3 - 20,. ance with the 1973 Compensation Plan of the Town of Mamaroneck: Effective Amount of Present Revised Date Increment Compen- Compen- sation sation SANITATION V. P. Stephens 1/25/73 $ 385.00 $ 7,380.00 $ 7,765.00 P. Totten 7/26/73 385.00 7,380.00 7,765.00 J. Cherry 8/09/73 385.00 7,380.00 7,765.00 ADMINISTRATIVE G. Lynch 8/09/73 470.00 9,710.00 10,180.00 POLICE (thru 6/27/73) J. Pyrch 2/08/73 303.00 10,538.00 10,841.00 M. Graziano 2/08/73 303.00 10,538.00 10,841.00 G. Carden 3/08/73 303.00 10,538.00 10,841.00 P. Munch 5/03/73 303.00 10,841.00 11,144.00 6. Authorization Payment Police Emergency Overtime Pursuant to memorandum of the Police Commission under date of January 15th, 1973, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that as approved by the Board of Police Commissioners, this Board hereby authorizes pay- ment of Emergency Overtime Compensation to the following officers of the Town of Mamaroneck Police Department for the number of hours set forth for each covering the period from Decem- ber 7th, 1972 to January 15th, 1973: Name Hours Min. Sgt. Diamond 5 30 Det. Sgt. Perritano 4 Det. DeVico 10 30 Ptl. Ambrosovitch 4 " Anderson 1 30 " Baumblatt 4 " Coy 2 " Carden 3 " Fuller 3 30 " Hutcheon 8 " Knox 7 " Mosiello 3 " Munch 20 " Passafume 4 " Pyrch 30 " Thompson 12 Total 92 30 The Supervisor stated that she would like to comment that over one-half of this time was for Police Officers' appearances at court, which the Chief was making every effort at this time to adjust in some manner. - 4 - 201.1 7. Authorization Payment Police In-service Program Expenses Pursuant to memorandum of the Police Chief under date of January 15th, 1973, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED that as approved by the Board of Police Commissioners, this Board hereby authorizes overtime payment to the seventeen Police Officers named in the foregoing memorandum for attendance at a training class on January 13th, 1973, for a total of thirty-four hours. In reply to a question from the floor as to the nature of this training session, the Supervisor explained that courses were being offered to the Town Police Force on Saturday mornings in law, court procedure, etc. Mr. Johnston, the Attorney, further explained that such courses were in narcotics and laws connected therewith and special equipment adapted for urban forces. In reply to a further question from the floor as to whether any of these courses were paid for by the Regional Police, Mr. Johnston replied in the negative stating that it was his understanding that funds reportedly available for such a program were available in name only. The Supervisor suggested that any person interested and concerned address his questions in this matter to Mr. A. C. Viebranz, Chair- man of the Police Commission, for full information. 8. Notice of Cost Increase for Police and Fire Retirements The Supervisor reviewed a memorandum received on February 1st, 1973 addressed by the State Comptroller to the Chief Fiscal Officers of all municipalities in New York State on the subject of revision of estimate of May 1973 invoice and estimated rates for May 1974 invoices, which was herewith ordered received and filed as part of the record of this meeting. She brought out that due to the increased costs referred to the Town would now be $18,000. beyond budgetary appropriation for 1973 Police and Fire retirement costs, and stated that in view of such changes as recited in this memorandum she knew of no way the Board could predict accurately for the oncoming year's needed budgetary appropriations. Councilman Bloom noted that the point that was interesting was that he thought that what the State was doing was basing these costs on a plan which would incorporate Social Security costs, etc. in a plan that would be similar to the kind presently used by some business organizations. Mrs. Theodore Shultz, upon recognition, inquired whether this meant that these costs were based on the whole State, not just ours -- which she was assured was so with the Supervisor adding that it was a blow because the Town did not have the money budgeted for this additional $18,000. cost. She further stated that at the Association of Towns Annual Meeting, the Comptroller - 5 - and she had made a point of asking whether there was not some way in which the municipalities could get such information at an earlier date so as to facilitate the preparation of their annual budget? Councilman Bloom then stated that the Board had assumed that the estimates forwarded in October would cover these costs for 1973 but that this was apparently not the case since the notice hereinabove referred to indicated that the peak in contribution rates would occur in May of 1974 inasmuch as these rates would substantially increase over the increase indicated for May of 1973. Mrs. Shultz then inquired whether this was not a matter for the State Legislature? The Supervisor replied perhaps so -- adding that there were many retirement proposals presently before the Legislature and Councilman Bloom noted that this situation was a nationwide one in which a question had been raised as to whether costs could be cut back with the answer negative since a retirement once given cannot be withdrawn. The discussion concluded thereupon with the Supervisor's observation that she would get in touch with Senator Pisani and Assemblyman Mannix so as to discuss this matter further and in detail. 9. Request for Assessment Adjustment Mrs. Jacqueline Braverman Block 303, Parcel 484 Pursuant to memorandum addressed to the Board by the Assessor under date of February 7th, 1973 herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that pursuant to Subdivision #1, Section 557 of the Westchester County Admin- istrative Code, this Board hereby authorizes that the Assessment Roll of the Town of Mamaro- neck for the year 1972-1973, for taxes of 1973, be adjusted as follows : From: Block Parcel Name Land Imp. Total 303 484 Jacqueline Braverman $5,100. $30,900. $36,000. To: Block Parcel Name Land Imp. Total 303 484 Jacqueline Braverman $5,100. -- $5,100. 10. Petition for Correction of Assessment Roll - Mrs. Helen C. Tierney Block 910, Parcel 443 Pursuant to memorandum addressed to the Board by the Assessor under date of February 1st, 1973 herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Faiola, it was unanimously RESOLVED, that pursuant to the provisions of Section 467 as am' nded of the Real. Property Tax Law and in accordance with the petition of - 6 - 21114 the Town Assessor, this Board hereby authorizes the correction of an erroneous entry on the 1971-1972 Assessment Roll for 1972 School Taxes from $722.94 to $361.47 for partial tax exemption for real property owned by persons 65 years of age and over, on the premises owned by Helen C. Tierney, 214 Delancey Avenue, Mamaroneck, New York, and known as Block 910, Parcel 443 on the Tax Assessment Roll of the Town of Mamaroneck. 11. Authorization for Engineer and Highway Superintendent to Attend A.P.W.A. Courses Pursuant to memorandum addressed to the Board by the Town Engineer and Superintendent of Highways under date of February 6th, 1973, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Coun- cilman Faiola, it was unanimously RESOLVED, that the Town Engineer be and he hereby is authorized to attend two one-day seminars of the American Public Works Assoc- iation on March 29th and May 16th, 1973 at Saddle Brook, New Jersey, with expenses to be paid from the Engineer's budget in an amount not to exceed $50.00; and be it further RESOLVED, that the Superintendent of Highways be and he hereby is authorized to attend the March 29th, 1973 session of said seminars, with expenses to be paid from the Highway budget in an amount not to exceed $25.00. 12. Proclamation - National Engineers ' Week February 18th - 24th, 1973 Pursuant to the annual request of the New York State Society of Professional Engineers, Inc. , herewith presented and ordered received and filed, it was unanimously directed that the week of February 18th through 24th, 1973 be proclaimed as National Engineers ' Week. COMMUNICATIONS 1. Notice of Hearing, Village of Larchmont Board of Trustees re Amendment of Zoning Ordinance Upon the Attorney's advice that no action was needed or required by this Board, the Notice of public hearing before the Village of Larchmont Board of Trustees on Monday, February 26th, 1973 to consider the adoption of a proposed amendment to the Zoning Ordinance of the Village of Larchmont was hereby ordered received and filed. 2. Notice of Meeting, Larchmont Zoning Board Upon the Attorney's advice that this Notice was purely informa- tional, it was ordered received and filed. - 7 - 3. Requests for Use of Voting Machines for Village Elections Pursuant to requests of the Villages of Larchmont and Mamaroneck for the use of voting machines for the Annual Village Elections and Registrations, herewith presented and ordered received and filed, on motion by Councilman Vandernoot, seconded by Councilman Bloom, it was unani- mous ly RESOLVED, that the requests of the Villages of Larchmont and Mamaroneck for the use of voting equipment for registration and election purposes in each Village be and they hereby are granted. 4. N.Y.S. Department of Transportation Notice of Petition of Beechmont Bus Service, Inc. Following the Clerk's explanation that the County Transit Department advised that no action was required by this Board on the aforesaid petition of the Beechmont Bus Service, Inc. unless or until the Town wished to appear at the public hearing which would be held by that Department at a date to be announced, the Notice was herewith ordered received and filed. 5. Training Announcement Course for Local Government Officials The Supervisor reviewed the notice of a new course "Personnel Management Skills for a Labor Contract Environment" received from Albert F. Codino, Director Personnel Management Training Institute, U.S. Civil Service Commission, stating that these were the courses to which Mr. Codino had referred at the time of the budget meetings. She stated that since the notice had arrived only yesterday she thought it should be circulated to the Board members so that nominations for persons to attend these courses could be presented at the next meeting. THE SUPERVISOR In reply to the Supervisor's query as to whether there were any questions to be addressed to the Board at this time, the Town Clerk, in answer to a question from the floor con- cerning expenses related to the use of voting machines by the Villages, stated that the machines were owned by the entire Town and were used for Village elections as well as for School elections annually with the Villages and Board of Education respectively picking up all costs for trans- porting the machines for such elections. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed: Report of the Town Clerk for the month of January 1973. - 8 - 2nd Report of the Receiver of Taxes and Assess- ments for the month of January 1973, Report of the Building and Plumbing Inspector for the month of January 1973. Report of the Westchester Shore Humane Society, Inc. for the month of January 1973. Report of the Municipal Dog Patrol for the month of January 1973. Affidavits of Publication and Posting of the resolution amending Chapter IX-F of the General Ordinances of the Town of Mamaroneck. The Supervisor -- 1. Letter, Dr. William J. Ronan - M.T.A. The Supervisor presented a letter addressed to her by Dr. William J. Ronan, Chairman of the Metropolitan Transportation Authority, under date of January 15th, 1973 which she said the Town was very pleased to have inasmuch as it advised that that Authority was willing to proceed with the correction of the drainage problem in the Cabot Road vicinity assuming up to 40% of the cost provided the New York State Thruway Authority made a similar commitment. She advised that she had addressed this query to Norbert Noel, Esq. , counsel for that Authority, but had had no reply as of this date. 2. Letter, Commissioner Henry Diamond N.Y.S. Department of Environmental Conservation The Supervisor presented a letter addressed to her by Commissioner Henry L. Diamond of the New York State Department of Environmental Conservation under date of January 17th, 1973 which read as fol- lows : "Governor Rockefeller has asked me to reply to your letter of December 15, regarding proposed changes to Section 386 of the Vehicle and Traffic Law. Your extensive work prior to 1965 which culminated in Section 386 and your continuing efforts to reduce motor vehicle noise have provided hope and promise to all concerned with noise. Of special note is that you continued to work for effective motor vehicle noise control even after Section 386 was established. Since you met on January 11 with our Bureau of Noise Control and with Janet Mowbray, our counsel assigned to motor vehicle legislation, this letter will not repeat that review. In summary, we started working on changes to Section 386 last summer and we developed an amendment at that time. Based on our work and the December 11 Motor Vehicle Noise Conference, we are preparing further proposed amendments to Section 386. In addition, we are preparing proposed motor vehicle noise amendments to the Environmental Conservation Law - 9 - and reviewing the implications of additional enforce- ment on the budget. We will continue to keep you informed as these pro- posals are developed." Mrs. Helwig stated that this represented a tremendous step forward in the fight against pollution and that as soon as the information was received communities along the Sound would be requested to write in support of the legislation to be proposed. 3. Letter, Judge Frank S. McCullough At the Supervisor's request, the Clerk read the following letter addressed to Mrs. Helwig by Frank S. McCullough, Administrative Judge of the Ninth Judicial District, dated January 15th, 1973: "You are aware that pursuant to the provisions of Chapter 552 of the UJCA, the County Court of Westchester has transferred to your justice court 42 cases. We are advised that out of that number a final disposition has been made of 17 cases by Judge Pelton and 17 cases by Judge King. The lower court judges have done an excellent job in assisting the County Court in disposing of cases transferred to them and I think, as a matter of simple acknowledge, you should be aware of the job that has been done in your area by the willingness of the Hon. Russell G.Pelton and Hon. Martin E. King of your justice court to assume additional duties." The Supervisor remarked on this well-deserved tribute to the Justices which she said she felt should be noted in the record of this meeting. 4. Request of John L. Delius Title Policy The Supervisor presented a letter addressed to her by John L. Delius under date of February 1st, 1973 requesting authoriza- tion to obtain a title policy in connection with the Premium River Marshlands if this were the Board's pleasure, which was herewith ordered received and filed. Upon question, the Town Attorney stated that he so recommended and thereupon, on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that John L. Delius, Esq. , be and he hereby is authorized to obtain a Title Policy on the property acquired by the Town in Premium Point at a cost not to exceed the sum of $500. 5. Emergency Buses for Commuters The Supervisor advised the Board that she had called Commissioner Leary of the County Department of Transit during the day to obtain information on emergency bus service for commuters in case the - 10 - 2"a () Penn Central strike was called. However since the information had been so well covered in tonight's paper she said she felt no enlargement was needed, and noted further only that notices of the information were here and available to anyone taho might care to have one. 6. Meeting Re: Traffic Light Boston Post Road at Mamaroneck High School (Not on Agenda) Mrs. Helwig reported that she would attend a meeting with representatives of the State Department of Transportation concerning the requested installation of a traffic light in front of the Mamaroneck High School on t1e Boston Post Road, which would be held in Mr. Gianunzio's office in the Village of Mamaroneck tomorrow morning at 11:30. The Councilmen -- Mr. Vandernoot -- 1. Apportionments Upon presentation of the following apportionments, on motion by Councilman Vandernoot, seconded by Councilman Faiola, the fol- lowing 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 correction 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 823 647 Louis Spizzirro $3,600. $25,700. $29,300. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 823 647 Filbert E. Spizzaro $1,800. $13,000. $14,800. & W. 823 652 John Gramigna & W. 1,800. 12,700. 14,500. and be it further RESOLVED, that the assessment roll of 1972-1973, taxes of 1973, which shows property now appearing on the - 11 - 211 rolls as follows: Block Parcel Name Land Imp. Total 214 393 A. Poccia & Sons,Inc.$800. -- $800. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 214 393 A. Poccia &Sons,Inc. $700. -- $700. 214 609 Frank Perciasepe 100. -- 100. and be it further 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 401 72 Donald A.: Sturtz & W.$5,800. $9,400. $15,200. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp. Total 401 72 Robert McAloon & W. $5,000. $9,400. $14,400. 401 200 Anton Schramm & W. 800. -- 800. 2. Bond Resolution Purchase of Voting Machines The following resolution was offered by Councilman Vandernoot, who moved its adoption, seconded by Councilman Bloom, to-wit: BOND RESOLUTION DATED FEBRUARY 7, 1973. A RESOLUTION AUTHORIZING THE ISSUANCE OF $10,550 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PART OF THE COST OF THE PURCHASE OF VOTING MACHINES. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows : Section 1. The class of objects or purposes to be financed, in part, pursuant to this resolution is the purchase by the Town of Mamaroneck, Westchester County, New York, of voting machines. Section 2. The maximum estimated cost of such class of objects or purposes is $12,650, and the plan for the financing thereof is as follows: a) By the issuance of $10,550 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law; and b) By an abatement of rental due on rented voting - 12 - 71 4 machines in the amount of $2,100. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to sub- division 31 of paragraph a of Section 11.00 of the Local Finance Law, provided, however, that the maximum maturity of the serial bonds herein author- ized shall not exceed five years to be computed from the date of said bonds or the date of the first bond anticipation note, whichever is the earlier. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein author- ized, including renewals of such notes, is hereby del- egated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Super- visor, consistent with the provisions of the Local Finance Law. Section 6. In consideration of the purchase and accept- ance of any and all of the serial bonds herein author- ized and of bond anticipation notes issued in anticipa- tion thereof by those who shall hold such bonds and notes from time to time, said Town of Mamaroneck covenants (a) that it will issue and deliver said bonds in accordance with the terms hereof prior to the last maturity date of any such bond anticipation notes, including renewals thereof, in a principal amount at least equal to the principal amount of said notes then outstanding; and (b) that notwithstanding any other provisions of this resolution (i) it will make no use of the proceeds of any such bonds or notes which, if such use had been reasonably expected on the date of issue of such bonds or notes, would have caused such bonds or notes to be "arbitrage bonds" within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, and (ii) as long as any of such bonds or notes are out- standing, it will comply with the requirements of Sec- tion 103(d) of the Internal Revenue Code of 1954, as amended, and with applicable regulations of the Depart- ment of the Treasury promulgated thereunder. Section 7. The validity of such bonds may be contested only if: 1) Such bonds are authorized for an object or purpose for which said Town is not authorized to expend money, or - 13 - 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publica- tion, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 8. This resolution, which takes effect immedi- ately, shall be published in full in the Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : Councilman Bloom Voting Aye Councilman Vandernoot Voting Aye Councilman Faiola Voting Aye Supervisor Helwig Voting Aye Councilman White Absent The resolution was thereupon declared duly adopted. Mr. Bloom -- 1. Appointment to Conservation Advisory Cmmuittee Councilman Bloom presented a brief resume of the background and experience particularly qualifying Robert P. Hohberg to serve on the Conservation Advisory Committee and with great pleasure moved his appointment. The motion was seconded by Councilman Vandernoot and the following resolution thereupon adopted by unanimous vote of the Board: RESOLVED, that Robert P. Hohberg, 823 A Larchmont Acres East, Larchmont, New York, be and he hereby is appointed a member of the Conservation Advisory Committee of the Town of Mamaroneck, to serve for a term of office for one year effective immediately and ending on December 31st, 1973; and be it further RESOLVED, that Mr. Hohberg be so notified of his appointment. 2. Recommendations for County Environmental Advisory Council Councilman Bloom pursuant to the request of the County Executive for recoumnendations of persons to be designated to serve on the County Environmental Advisory Council, which Agency is Chaired by Mrs. Helwig, suggested in line with the Conservation Advisory Committee's designations at its last meeting that the names of Wallace Irwin, Tom Amlicke and George Brown or Mrs. Martha Munzer be submitted for appointment to the aforesaid Agency by the County Executive to represent the Village of Larchmont, the Town of Mamaroneck and the Village of Mamaroneck respectively, - 14 - 71 1 explaining further that two recommendations were made for the Village of Mamaroneck since Mr. Brown would be away for some time during which Mrs. Munzer had agreed to serve in his place. Councilman Bloom stated that all that was needed now was this Board's approval whereupon he moved that the above names be submitted to the County Executive. The motion was seconded by Councilman Vandernoot with the following resolution there- upon unanimously adopted: RESOLVED, that this Board hereby submits for appointment to the County Environmental Advisory Council the names of Wallace Irwin, Jr. of 1 Summit Avenue, Larchmont, Thomas Amlicke of 60 Maple Hill Drive, Larchmont and George Brown of 1005 Nautilus Lane, Mamaroneck or Mrs. Martha Munzer of 517 Munro Avenue, Mamaroneck to County Executive Edwin G. Michaelian for appointment to the County of Westchester Environmental Advisory Council. 3. Request of Citizens for a Better Environment (Conduct Local Drive) Councilman Bloom reported that the request of the Citizens for a Better Environment, Inc. had been referred to the Conserva- tion Advisory Committee and pursuant to its recommendation that while the objectives of that group were certainly con- structive and admirable, the requested door-to-door solicita- tion would conflict with this community's support of its Citizens for Environmental Quality and LIFE Center and therefore moved that the request be not granted. The motion was seconded unanimously by all members of the Board whereupon it was directed that Mr. Douglas M. Storer of the Citizens for a Better Environment, Inc. be so notified. Other Business (Not on Agenda) 1. Mr. John R. Brasel, 1 Bryson Street Mr. Brasel, upon recognition, questioned recent flooding condi- tions on Murray Avenue which had seriously affected his premises. The Supervisor referred this question to the Highway Superintend- ent who explained that the unusually heavy wind-driven rains were responsible in this particular instance pointing out that in years of normal rainfall no trouble was experienced following the work done on Murray Avenue. However, Mr. Brasel was assured that the Town would take another look at this situation. 2. Mrs. Helen Schena, 28 Mountain Avenue In reply to a question by Mrs. Schena as to the status of joint action being taken on Village of Larchmont-Town Ice Skating Rink brought up by Trustee Wanderer recently, the Supervisor explained that what was being considered was the placement of a bubble over the Hummocks Court thus providing nine months indoor tennis and ice skating on lease arrangements. She stated further, however, that this was only in the formative stage and that Councilman White who was working on this but un- fortunately absent this evening would have more detailed inform- - 15 - ation than she had at this time. 3. Mr. John Signorelli, 430 Weaver Street In reply to Mr. Signorelli's question regarding flood control, the Supervisor reported that the last report from the Army Corps of Engineers had suggested that this request be made part of the County study and that a letter had been written to so request but that no answer had been received as of this date. ADJOURNMENT Councilman Bloom remarking that the last meeting but one had been adjourned in respect to the memory of former President Harry S. Truman, moved that this evening's meeting be adjourned in respect to the memory of former President Lyndon B. Johnson who had passed away suddenly on January 22nd, 1973, and there- upon by acclamation, the following resolution was adopted to be spread upon the minutes of this meeting and forwarded to his widow, Mrs. Lyndon B. Johnson, and the members of her family with deep sympathy and condolences at this time of their great loss : In Memoriam WHEREAS, the untimely death of Lyndon Baines Johnson, thirty-sixth President of the United States of Amer- ica, on January 22nd, 1973, has taken from us a leader whose great moral strength, compassion and humility were acknowledged by millions of people everywhere; and WHEREAS, his unqualified devotion to his country was exemplified throughout his long and distinguished public career of service as a Lt. Commander in the United States Navy in World War II, in the United States House of Representatives and Senate - first as Minority, then as Majority leader, as Vice Presi- dent and finally as President; and WHEREAS, he will ever be remembered and honored for his efforts to extend the civil rights of all citizens, to fight poverty, hunger and ignorance and to protect our environment, and for his zeal in defending the ideals of his Country and his sacrifices of personal ambition in order to serve the best interests of these United States as he saw them; NOW, THEREFORE, BE IT RESOLVED, that this Board, on behalf of all of the residents of the Town of Mamaroneck, joins all of the people of our nation and the world in paying tribute to the late LYNDON BAINES JOHNSON 36th President of the United States and to the ideals for which he stood and for which he fought and worked; - 16 - 21 f; and be it further RESOLVED, that this resolution adopted In Memoriam to our late President, Lyndon Baines Johnson, be spread upon the minutes of this meeting which stands adjourned this evening in honor of and in respect to his memory. And thereupon since there was no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:25 p.m. , to reconvene on February 21st, 1973. BOARD 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 anion his motion, seconded by Commissioner Vandernoot, it was unanimously RESOLVED, that the following Fire Department claims as audited by the Comptroller and ap- proved by the Fire Chief are hereby approved, and the Supervisor and Comptroller hereby authorized to pay the same out of the Fire Department budget: Art & Blue Print Co. $ 30.60 R.G.Brewer, Inc. 59.83 R. G.Brewer, Inc. 86.33 Con Edison 5,00 Con Edison 177.47 Dri-Chem Extinguisher Co. 387.65 Dri-Chem Extinguisher Co. 173.40 Excelsior Garage & Machine Works 137.50 Frank's Fuel, Inc. 90.02 Hearne Brothers Map Distributors 127.50 Humble Oil & Refining Co. 68.96 Kenny's Floor Covering Center 303.85 The New Rochelle Water Company 93.75 New York Telephone Co. 7.13 R & F Trophies 16.50 The State Insurance Fund 4,243.10 Suburban Communications, Inc. 1,470.00 Westchester Joint Water Works 5,037.50 Wolf's Head Oil Refining Co. 16.83 Total $ 12,532.92 2. Reports Commissioner Faiola presented the Fire Report for the month of January 1973. 3. Other Business a) Supervisor's Recoiiuuendation Fact Finder's Report The Supervisor read for inclusion in the records of this meeting - 17 - 4 the following letter addressed by her to the Town Board under date of February 7th, 1973 which was herewith ordered received and filed: "On January 29th, I received in my office the report of Joseph A. McCabe Fact Finder in Case No. M72-794, in the matter between the Town of Mamaroneck and the Town of Mamaroneck Paid Firemen's Association. This report was forwarded to you on January 30th. In accordance with Section 209(e) of the Civil Service Law, I recommend a) that the Board reject the Fact Finder's report; b) that the Board instruct its negotiators to make one more attempt to settle the dispute with ne- gotiators for the Paid Firemen. In the event that they fail to reach an agreement which is fair both to employees and to taxpayers of the Town a date for the public Legislative Hearing will be scheduled forthwith in accordance with law." In reply to a question addressed to her by Mrs. Shultz, Mrs. Helwig explained that the negotiations between the Town of Mamaroneck and the Town of Mamaroneck Paid Firemen's Association had been at impasse and therefor upon receipt of the Fact Finder's Report, she had submitted her recom- mendations to the Board as required under PERB. 4. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:35 p.m. , to reconvene on February 21st, 1973. , al J . 1 To , Cler - 18 -