Loading...
HomeMy WebLinkAbout1978_10_18 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 18, 1978 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 Vandernoot Councilman Bloom Councilman Perone Absent: Councilman McMillan Councilman DeMaio Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Atichison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfriech Town Engineer Mr. Leddy - Conservation Director Mr. Emanuelson - Environmental Consultant PUBLIC HEARING: Proposal of Little Harbor Sound Associates re Dredging On motion by Councilman Perone, seconded by Council Bloom, it was unanimously resolved that the hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record and read into the record said Notice at request of Supervisor Vandernoot who then explained the circumstances relative to the proposal and presented the following communications which were ordered received and filed as part of the record of this hearing: Letter addressed to Supervisor Vandernoot by Robert S. Schoenberger, President of Little Harbor Sound Civic Improvement Association, Inc. under date of October 16, 1978. Letter addressed to Robert S. Schoenberger by Joseph G. Blum under date of October 10, 1978. Memorandum with attachment addressed to the Town Board by Charles R. Elfriech, Town Engineer under date of October 18, 1978. The Supervisor then recongnized the following persons who spoked in favor of the proposal: Robert S. Schoenberger, President of the Association gave a brief introduction to the project. Charles E. Pound, President of Aqua Dredge, Inc. presented a full and explicit review of the project and answered questions. Marvin M. Spector, P.E. detailed his professional appraisal of the project, and also answered questions. - 1 - J. J. Mortner, 720 Walton Avenue, Mamaroneck expounded on a similar project at the Beach Point Club. Mr. Grass and Mr. Landres, both members of the Association expressed their feelings about proposed improvements to the field. When Supervisor Vandernoot requested those who were in opposition to the proposal to address the Board, Joseph Blum, President of the Hommocks Property Owners Association; David Miralia and Ronald Barnes, also III members of the Hommocks Association, noted that they were not totally against the dredging or improvement of the field, but wished to have questions answered and assurances given mainly concerning the regrowth of the grass and the matter of bad odors. A very lengthy and indepth discussion ensued and thereupon, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this segment of the hearing be and it hereby is declared closed, pending a re-opening of the hearing upon receipt of various documents (approvals from the Army Corps of Engineers, New York State Department of Environmental Conservation and the Mamaroneck Board of Education as well as the report by the Cornell College of Agriculture) . Public Hearing: Application for Special Permit - Auto Repair Shop On motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously RESOLVED, that the hearing be and it hereby is declared open. The Clerk persented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Supervisor Vandernoot summarized the special permit request and explained that the procedure to be followed would be to hear first those in favor of the application, then those opposed. Upon presentation by the Supervisor of the memorandum containing the Planning Board's recommendations dated September 29, 1978, and since no one wished to be heard either in favor of or in opposition to the application, the. Town Attorney noted that by law, the applicant or her representative must speak in favor of the application. Thereupon, on motion by Councilman Perone, seconded by Councilman Bloom, it was unaminously so ordered that the hearing be adjourned until the next regular meeting of November 1, 1978 and that the Clerk so advise the applicant, Mrs. Josephine Acocella to be present or have a repre- sentative present at that time. NOT ON AGENDA A somewhat lengthy discussion followed Mr. Morton Green's comments to the Board about his concern about the blasting to take place upon the Ill construction of the new development adjacent to his home at 27 Stonewall Lane, Town. Assurances were given to Mr. Green by Mr. Perone, Mr. Johnston and Mr. Elfreich that the Town, by way of bonds and insurance, provides protection in the event of blasting damage. - 2 - PUBLIC HEARING: Proposed Uses of Federal Revenue Sharing Funds On motion by Council Perone, seconded by Councilman Bloom, it was unanimously resolved that the hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Posting of Notice of Hearing and read into the record said Notice at the request of Supervisor Vandernoot. The Supervisor explained that this is the first of two mandated hearings and noted that the figures being presented are tentative and may be amended before the second hearing which will be held in conjunction with the Town budget hearing, but will become firm upon adoption of the 1979 budget in December. Following Supervisor Vandernoot's explanation of the procedure to be followed and his line by line reference to the items to be expanded, considerable discussion ensued concerning the items listed under EQUIPMENT and the two listings for insurance. Since no one wished to be heard either in favor of or in opposition to the proposed uses, on motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. In response to the Supervisor's query as to the Board's pleasure, on motion by Councilman Bloom, seconded by Councilman Perone, the following resolu- tion was adopted by unanimous vote of the Board, with the members in attendance voting aye: WHEREAS, this Town Board has met on this date at the time and place specified in the Notice of Public Hearing on the Proposed Uses of Federal Revenue Sharing Funds and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Town Board does hereby approve the Proposed Schedule of Spending of Federal Revenue Sharing Funds in the amount of $172,000.00 as a part of the 1979 Budget for the fiscal year beginning on the first day of January 1979, the itemized statement of expenditures hereto attached and made a part of this resolution; and be it further RESOLVED, that in accordance with the 1976 Amendments to the Federal Revenue Sharing Act, said approval is made subject to a second hearing to be held in conjunction with the budget hearing on December 6, 1978. OLD BUSINESS 1. Set Date for Public Hearing - Application for Special Permit - Winged Foot Golf Club Supervisor Vandernoot presented a memorandum addressed to the Town Board by the Planning Board under date of October 17, 1978, herewith ordered received and filed, recommending approval of the request of - 3 - Winged Foot Golf Club and stated that it was in order for this Board to set a date for pbulic hearing. Thereupon, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby fixes the date of November 1, 1978, the first regular meeting in November, for holding a Public Hearing on the request for a Special Permit by Winged Foot Golf Club to construct an addition to the clubhouse pro shop on Block 347 Parcel 1; and be it further RESOLVED, that the Town Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, the Notice of said hearing as required by law. 2. Authorization - Bond Resolution - Storm Drains Upon advice from the Town Attorney, James J. Johnston, the Supervisor stated that this item would be deferred to the next meeting since by law, at least four (4) signatures are required on a Bond resolution and only three (3) Board members are in attendance tonight. Resolution Urban County Agreement Supervisor Vandernoot made reference to the Town's participation in the Urban County consortium and upon recommendation, the following resolutions were offered by Councilman Bloom, who moved their adoption, seconded by Councilman Perone, to-wit: RESOLUTION DATED october 18, 1978 RESOLUTION AUTHORIZING THE TOWN OF MAMARONECK TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF WESTCHESTER FOR THE PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977. WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1977, to make grants to states and other units of general local government td help finance Community Development Programs; and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more other municipal corporations, to apply for, accept and expend funds made available by the Federal government, either directly or through the state, pursuant to the provisions of any Federal law which is not inconsistent with the statutes or constitution of this state, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation; - 4 - and WHEREAS, the Community Development Act-of 1977 and any "Eligible Activities" thereunder are not inconsistent with the statutes or Constitution of the State; and WHEREAS, a number of municipalities have requested Westchester's participation, and the County of Westchester has determined that it is desirable and in the public interest that it make application for Community Development Block Grant funds as an Urban County; and WHEREAS, participation by the County of Westchester as an Urban County in the Community Development Program requires that the Town of Mamaroneck and the County of Westchester cooperate in undertaking, or assisting in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution; and WHEREAS, this Board deems it to be in the public interest for the Town of Mamaroneck to enter into a Cooperation Agreement with the County of West- "' for the aforesaid purposes; NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and he hereby is authorized to execute a Cooperation Agreement between the Town of Mamaroneck and the County of Westchester for the purposes of undertaking a Community Development Program pursuant to the Housing and Community Development Act of 1977. The foregoing resolution was adopted upon roll call as follows: Ayes: Three (3) Noes: None (0) Absent: Two (2) URBAN COUNTY - COOPERATION AGREEMENT This Cooperation Agreement entered into this 2nd day of November, 1977 between the County of Westchester (County) and the Town of Mamar- oneck (Cooperating Municipality) WITNESSETH: WHEREAS, the County may qualify as an applicant under the Housing and Community Development Act 1977 by entering into cooperation agreements with municipalities having a combined population of at least two hundred thousand which agree to undertake esstential community development and housing assist- ance activities pursuant to said Act; - 5 - and WHEREAS, on October 18, 1978, the governing body of the Cooperating Municipality adopted a resolution authorizing the execution of a Cooperation Agreement for the ur oses specified P P P herein; and WHEREAS, the Board of Legislators of Westchester County will adopt a resolution authorizing the execution of a Cooperation Agreement for the purposes specified herein; and NOW, THEREFORE, IT IS AGREED BETWEEN THE COUNTY AND THE COOPERATING MUNICIPALITY AS FOLLOWS: 1. The County and the Cooperating Municipality will cooperate in developing a Community Development Program and an application for a Community Development Block Grant which will be designed primarily for the purpose of meeting the priority needs and objectives of the participating localities based upon an inventory of community development needs developed mutually by local and county officials, 2. The County and the Cooperating Municipality will cooperate in undertaking essential community development and housing assistance activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of. the New York State Constitution, 3. No community development or housing program or activity will be required to be undertaken in the Cooperating Municipality that is not in conformance with the legitimate needs and objectives of the Cooperating Municipality as defined in Clause 1, 4. If any applications for housing assistance payments by private developers are referred to the County for review and comment, the County will immediately refer such application to the Chief Executive Officer of the affected participating municipality for review. If the local Chief Executive Officer finds that such proposal is not con- sistent with the portions of the urban county Housing Assistance Plan pertinent to his locality, he shall inform the County Executive thereof, - 6 - • 5. The application for Community Development funds shall contain a requirement that any state or state agency aided housing proposal must be submitted for review to the County Executive who shall refer it to the local Chief Executive Officer pursuant to Clause 4, 6. The County, in applying for federal grant Tunds under the Housing and Community Development Act of 1974 (the "Act") , will be undertaking to comply with the Act, the rules and regulations thereunder, and the undertakings and assurances in the application form prescribed by the United States Department of Housing and Urban Development. Accordingly, the Cooperating Municipality agrees to do what is necessary, as determined by the County, to comply with the Act, the rules and regulations thereunder, and the undertakings and assurances in the application form insofar as they relate to the activities and programs conducted by the Cooperating Municipality pursuant to said grant. The Cooperating Municipality hereby acknowledges receipt from the County of said application form and review thereof. In addition, the Cooperating Municipality agrees to indemnify and hold the County harmless against all losses, damages, penalties, settle- ments, costs, charges, fees and other expenses or liabilities relating to or arising out of the failure of the Cooperating Municipality to comply with the Act, the rules and regulations thereunder, and the undertakings and assurances in said application form. 7. This Agreement shall remain in full force and effect during the program year covered by the application pro- vided such application is approved by the United States Department of Housing and Urban Development. If the application is not approved by the United States Department of Housing and Urban Development, this Agreement shall automatically term-"_ _- - inate. 4. Report of Bids - Uniform Rental A memorandum addressed to the Town Board by the Comptroller under date of October 13, 1978 enumerating the bids and recommending award thereof was herewith presented and ordered received and filed. On motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, namely Finast Industrial Uniform in the amount of $3.10 per man per week. - 7 - NEW BUSINESS 1. Salary Authorizations - Recreation Upon presentation of a memorandum addressed to the Board by Mr. Kronenberger under date of October 17, 1978, herewith ordered received and filed, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously, RESOLVED, that as provided for in the 1978 Town Budget, this Board hereby authorizes the following persons to be compensated at the rate set forth and effective as listed below: Name Position Compensation Rate Effective Date Jeff Csenge Rec. Assistant, Hommocks Ice Rink $2.20 per hour 10/16/78 Robert Lunde Rec. Assistant, Hommocks Ice Rink $2.20 per hour- 10/16/78 Scott Currey Rec. Assistant Hommocks Ice Rink $3.00 per hour 10/16/78 Christopher Pinto Asst. Rink Mgr. Hommocks Ice Rink $4.50 per hour 10/2/78 Andrew Ritz Rink Manager Hommocks Ice Rink $4.00 per hour 10/2/78 Bresford Walker Custodian, Hommocks Ice Rink $4.00 per hour 10/2/78 NOT ON AGENDA Salary Authorization - Highway Department Pursuant to a memorandum addressed to the Board by the Highway Super- intendent under date of October 18, 1978, herewith ordered received and filed, on motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby authorizes the hiring of Richard Haviland as a Motor Equipment Operator at a starting salary of $11,930.00, effective October 26, 1978. 2. Authorization to Advertise for Bids - Street Painting Following presentation of the Police Chief's memorandum addressed to the Board under date of October 17, 1978, herewith ordered received and filed, on motion by Councilman Bloom, who clarified that the bids will be based on lineal feet, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice of Bids for street painting. 3. Resolution - Section 8 Housing Contract ----- Pursuant to the Supervisor's review of the Town's and Larchmont Village's participation in the Section 8 Rent Subsidy Program and the revision of the eligibility requirements, on motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously - 8 - RESOLVED, that this Board hereby approves the new Section 8 contract and hereby authorizes the Supervisor to execute the application required in order to subsidize an additional 30 units under the Program. 4. Set Date for Public Hearing - Increase Dog License Fee Pursuant to the Town Clerk's explanation to the Board relative to the new state dog law and the amendments to the present law, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that a public hearing will be held by this Board at its next regular meeting on November 1, 1978, in the Council Room or the Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of considering the adoption of Local Law #1-1978 creating a Schedule for Fees for Licensing Dog: and be it further RESOLVED, that the Town Clerk be and she hereby is authorized to publish the Notice of said hearing in The Daily Times, the official newspaper of the Town of Mamaroneck, as required by law. NOT ON AGENDA Upon presentation of a letter addressed to the Town Engineer by the Attorney for the Bonnie Briar Country Club under date of October 16, 1978 relative to the cleanup of the stagnant pools of water, it was unanimously so ordered that a copy of the letter be submitted to the Town's Freshwater Wetlands Commission for review of the Club's plans. COMMUNICATIONS 1. Notice of Public Hearing - Larchmont Village Zoning Board The aforesaid Notice was herewith presented and ordered received and filed for the record. THE COUNCILMAN Mr. Bloom 1. Proclamation - U.N. Day Following Councilman Bloom's reference to the local United Nations Association and its desire to present the Town with a new flag on October 24th, Supervisor Vandernoot issued the following proclamation: - 9 - P R O C L A M A T I O N U. N. Day October 24, 1978 This year on October 24, the peoples of the world will join together once again to observe United Nations Day, recalling the date in 1945 when the United Nations Charter came into force. UN Day is a time to reaffirm our faith in the Charter's ideals of peace and human rights and to renew our commitment to social and economic cooperation between nations. The United Nations is largely a product of the idealism and strength of the United States. Since the UN was formed 32 years ago, the world has changed dramatically and the UN reflects these changes. But the ideals on which it was founded have not changed, nor have ours, and we must continue to work in the UN for their fulfillment. As we face today's pressing problems and tomorrow's crucial questions, we realize that their solution requires the cooperation of all nations. Problems such as nuclear proliferation, population growth, use of the seas, energy, food production, trade, and enviromental protection affect us all and cannot be solved by one nation alone. The UN, as our only would-wide organization, offers us the best vehicle for finding the answers we all seek. Now,= Therefore, I, Joseph F. Vandernoot, Supervisor of the Town of Mamaroneck, do hereby proclaim Tuesday, October 24, 1978 as United Nations Day and call upon all the citizens of the Town to observe that day in the spirit of common purpose ex- pressed in the United Nations Charter. I urge everyone to participate in activities designed to increase understanding of the problems and potential of the UN and develop ideas to make the United Nations more effective. I ask all citizens to observe United Nations Day with a sense of rededication to the high truths we in the United State hold to be self-evident, as expressed for us in the Constitution and the Bill of Rights, and in the Charter of the United Nations. NOT ON AGENDA Mr. Perone 1. Co-op Conversion Law As he had indicated previously, Councilman Perone presented his proposal to the Board for consideration, which sparked considerable discussion during which Nicholas Sparkman, member of the Tenant's Advisory Council gave his views as a tenant. Thereupon, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby adopts the provision of Chapter 544 of the Laws of 1978 referring to Conversion from Rental Status to Cooperative, Condominium Ownership. In furtherance to the aforesaid matter, Mr. Sparkman spoke at length about various other matters that the Tenant's Council had requested be brought to the Town Board's attention such as: submission by landlords of financial statements, a possible Town Ordinance relative to the painting of apartments and length of terms of leases. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, it was declared adjourned at 11:18 P.M. to reconvene on November 1, 1978. 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 Bloom and on his motion, seconded by Commissioner Perone, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co. , Inc. $ 525.12 American Insurance Association 100.00 Stephen Cassiero 14.38 Con Edison 15.00 " 22.82 The Corner Store 75.00 Hampshire Country Club 3,186.00 Exterminating Services 10.78 Larchmont Hardware 21.79 The Larchmont Print, Inc. 46.00 McGuire Bros, Inc. 22.00 New York Telephone Co. 18.77 " " " " 422.65 Signacon Controls, Inc. 41.25 William Smith Supplies, Inc. 20.40 Village Paint Supply 218.36 $4,760.32 - 10 - i 2. Reports Commissioner Bloom presented the following report which was ordered received and filed for the record: Fire report for the month of September 1978. 3. Other Business There was no other business to come before the Commission. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 11:20 P.M. to reconvene on November 1, 1978. Town Clerk - 11 -