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HomeMy WebLinkAbout1975_04_17 Town Board Regular Minutes 57 4-17-75 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 17th, 1975, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER IIIThe Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Helwig Deputy Supervisor Vandernoot Councilman Bloom Councilman White Councilman McMillan Absent: None Also Present: Mrs. Miller - Town Clerk Mr. DeLuca - Comptroller APPROVAL OF MINUTES The minutes of the regular meeting of February 19th, 1975 were presented and on motion duly made and seconded, approved as presented. III ITEMS OF BUSINESS 1. Bond Resolution Re Purchase of Dump Trucks At the Supervisor's request, the Comptroller presented and outlined the Bond Resolution for financing the purchase of two (2) 1975 Chevrolet Dump Trucks. The following resolution was offered by Councilman White, who moved its adoption, seconded by Councilman Vandernoot, to-wit: BOND RESOLUTION DATED APRIL 17, 1975. A RESOLUTION AUTHORIZING THE ISSUANCE OF $30,126 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PART OF THE COST OF THE PURCHASE OF TWO DUMP TRUCKS AND APPURTENANT EQUIP- MENT FOR THE TOWN HIGHWAY DEPARTMENT. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The specific object or purpose to be financed, in part, pursuant to this resolution is the purchase by the Town of Mamaroneck, Westchester County, New York, for use by the Town Highway Depart- ment, of two 1975 Chevrolet dump trucks, each with mounted body, snow plow and associated equipment, at a maximum estimated cost of $15,563 each. - 1 - I 58 4-17-75 Section 2. The total estimated cost of the afore- said items is $31,126, and the plan for the financ- ing thereof consists of the issuance of $30,126 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law, with the balance, in the amount of $1,000, to be provided by a trade- in of two used trucks. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to sub- division 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are here- by irrevocably pledged to the payment of the prin- cipal 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 authorized, including renewals of such notes, is hereby delegated 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 Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond antici- pation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 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 such publication, or 3) Such obligations are authorized in viola- ' tion of the provisions of the Constitution. Section 7. 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 Sec- tion 81.00 of the Local Finance Law. - 2 - 56 4-17-75 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Helwig VOTING Aye Deputy Supervisor Vandernoot VOTING Aye Councilman Bloom VOTING Aye Councilman White VOTING Aye Councilman McMillan VOTING Aye The resolution was thereupon declared duly adopted. 2. Home Rule Request - Increase of Pensions for Widows The Supervisor presented a brief summary of the Home Rule Request with regard to the increase of pensions for widows and explained that this was an item that would become effective in the next budget. Mrs. Helwig noted for the record that this request has the endorsement of the Westchester County Policemen's Benevolent Association, the local PBA as well as the Police Conference of New York, Inc. and upon her recommendation, on a motion by Councilman Bloom, seconded by Deputy Supervisor Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes the execution of the Home Rule request forms for A6161-S4593 providing for the increase of pension payments to widows of certain retired members of the Police Department of the Town of Mamaroneck. 3. Authorization for Recreation State Aid Application In accordance with the request of the Recreation Commission and Superintendent under date of April 15th, 1975, on motion by Councilman White, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor to execute the Recreation Project Application to the New York State Youth Commission requesting State Aid in the amount of $4,552.80 for the period from June 1st, 1975 to May 31st, 1976. 4. Apportionment Deputy Supervisor Vandernoot presented the following apportion- ment and on his motion, which was seconded.by Councilman Bloom, the following resolution was unanimously adopted: - 3 - 60 4-17-75 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 1974-5 taxes of 1975, which shows property now appear- ing on the roll as follows: Block Parcel Owner Land Improve. Total 910 292 Estate of Annie Betker $5,300. $9,400. $14,700. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Owner Land Improve. Total 910 292 Estate of Annie Betker $2,700. ---- $ 2,700. 910 297 Estate of Annie Betker $2,600. $9,400. $12,000. PUBLIC HEARING: Rent Control Proposals On motion by Deputy Supervisor Vandernoot, seconded by Council- man McMillan, it was unanimously RESOLVED, that the hearing is declared open. The Town Clerk presented the Affidavit of the Publication of the Notice of the Hearing for the record and the Supervisor presented correspondence from Peter D. Mosher, Esq. , Betty Jane Botter and Otto Scheuble, which were ordered received and filed as part of the record of this Hearing. Councilman McMillan reviewed in detail, for the benefit of those present, the Provisions of the Emergency Tenants' Pro- tection Act and the Provisions of the Proposed Fair Rent Agree- ment. Further, and for informational purposes, the Councilman, in retrospect,. recalled the establishment of the Tenants ' Ad- visory Council last year in the Unincorporated Area and again stated his position in support of the Emergency Tenant Protec- tion Act of 1974 which, in September of 1974, the Town Board voted not to adopt pending further study. The Supervisor thanked Councilman McMillan for his explanation of the rent control proposals and then asked, in view of the many people attending this Hearing, that those who wished to address the Board from the Unincorporated Area come forward stating their name and address, and limiting their remarks to a brief statement so that all who wish may be heard in this regard. - 4 - 61 4-17-75 Whereupon the following persons were heard: Anita Arbeitel - 70 Locust Avenue, New Rochelle Co-Chairman - Westchester Tenants for Political Action (Eleanor Samela - Co-Chairman - Westchester Tenants for Political Action) III Upon recognition by Councilman McMillan, Anita Arbeitel, rep- resentative of the Westchester Tenants for Political Action, although not a resident of the Unincorporated Area, requested permission this evening to strongly urge tenants of this com- munity to clearly evaluate the proposed Fair Rent Agreement since her organization believes that this agreement would not offer any protection to the tenant. The Board, at this time, reminded those present that the de- cision pending this evening is applicable only to the resi- dents of our community and the Council must be responsible to and cognizant of the best interests of all Unincorporated Area residents. Peter Mosher, Esq. - 17 N. Chatsworth Avenue Mr. Mosher, Chairman of the Tenants' Advisory Council, on behalf of the Council and with reference to the letter pre- sented this evening under date of April 10th, 1975, and with the unanimous backing of his Council, urged the Town Board to approve the E.T.P.A. since, among other reasons, he stressed that the provisions of the act are statutory and would pro- vide for a more definite enforcement mechanism under the law and not voluntary compliance. Gerard Navagh - Larchmont Acres Mr. Navagh, in speaking to the issue and mindful of the 1948 Housing & Rent Act, briefly discussed former and present legis- lation, its effect on tenants, and urged approval of the E.T.P.A. Paula Willey - 3 Glen Road Paula Willey, on behalf of the Larchmont League of Women Voters, presented and read a written statement which was filed as part of the record of this Hearing concerning the rent proposals presented this evening, the League's interest in the housing needs of our community, and the Town's pro- jected plans to meet them. Mr. Herbert Weisberger - 2 Washington Square Mr. Weisberger, as a tenant, related his past experiences in the matter of a refrigerator and the problems and frustrations encountered therein -- asking the Board to adopt the E.T.P.A. Irving Scharf - 334 Richbell Road Chairman of Palmrich Gardens Tenants' Association Mr. Scharf spoke out in favor of the E.T.P.A. indicating his feelings that the landlords are not fair to the tenants. - 5 - 62 4-17-75 Mrs. Donald LaSala - 2 Washington Square (Landlord) Mrs. LaSala, on behalf of her husband who is ill, referred to the incident Mr. Weisberger spoke of and gave their point of view in this regard. Mr. Alfred Rose - Larchmont Acres West (Landlord) Speaking in favor of the F.R.A. , landlord Alfred Rose said that a "polarization" exists, with tenants on the one hand seeking to limit rent increases, and landlords on the other, who can't live with present rent levels under the pressures of inflation. He stressed the fact that the F.R.A. includes a provision to protect those with incomes under $10,000 living in rent-con- trolled apartments whereas the E.T.P.A. has no such provision. Further, he stated, that the statements presented to the Council by apartment owners clearly indicate that landlords are not mak- ing excessive profits. Mr. Rose also presented copies of two articles which he referred to from the New York Times covering the New York City's Housing Crisis, which were filed for the record. , Mrs. Marion Hill - 21 N. Chatsworth Avenue Mrs. Hill questioned whether the figures submitted by the land- lords in the Unincorporated Area to the Town Board had been audited. Supervisor Helwig responded that some, but not all, had been audited. Mrs. Susan Newman - Larchmont Acres Mrs. Newman, a member of the Tenants' Advisory Council, spoke out in favor of the E.T.P.A. and fair rent guidelines stress- ing that she feels the Town Board cannot provide the tenants with the same assurances that the State can provide in tenant- landlord disputes. Assemblyman Richard E. Mannix At this time, Mrs. Helwig welcomed and introduced the Honorable Richard E. Mannix, Assemblyman of the 91st District of the State of New York, a sponsor of this bill, who spoke to the endorse- ment of the E.T.P.A. , calling it -- a solid piece of legislation. He pointed out that the Legislature is considering several amend- ments to the law which would improve its effectiveness mentioning that those under consideration are ones that would improve appoint- ment procedures for the County Guidelines Board, dictate public hearing procedures, and subject the Guidelines Board's rent-increase recommendations to state approval. Rosemary Parandelis - Larchmont Acres West Rosemary Parandelis, as a tenant, questioned the difference in the protection of the E.T.P.A. as opposed to the F.R.A. as well as questioning certain conditions written into her lease, and asking whether a rebate on rent would be given if the landlord no longer furnished electricity to tenants. - 6 - 6 4-17-75 Edward Nolan - Larchmont Acres Mr. Nolan, tenant, spoke out in favor of - p F.R.A.F.R.A, his basic inquiry, why is it fair, in the same type of apartment, for some people to pay less than others? Edward F. X. Ryan, Jr. - 32 Garden Road, West Mr. Ryan, while stating that he is not a tenant, indicated his interest in the rent proposals discussed this evening asking -- why the Town Council has not yet passed the E.T.P.A.? Councilman Bloom spoke in response to Mr. Ryan's question and explained that the Board has, since the Public Hearing in Sept- ember, been giving serious and careful study to the choices available to them -- namely, declare an emergency and invoke the E.T.P.A. , enact a local F.R.A. , or take no action at all. Mr. Bloom stated that although the Legislature had good in- tentions in passing the E.T.P.A. , it has been awkward to im- plement, litigation has come about, and rent freezes are now in effect, but without any guarantees that rents will not be raised upon the lifting of the freeze. In speaking of the advantages of the F.R.A. , Mr. Bloom pointed out that the F.R.A. would give the tenants protection "now" and would protect the low income tenants from substantial rent increases. In conclusion, Councilman Bloom stated that the Board is look- ing for an equitable answer with the help of the community. Mrs. M. Barnes - Larchmont Acres As a tenant, Mrs. Barnes questioned the landlords' objections to the passage of the E.T.P.A. The Supervisor in speaking to the issue directed attention to the fact that a local agreement is more flexible and a local Board is more familiar with and better able to handle local problems. Charles Gross - Larchmont Gables Mr. Gross stated that, in his opinion, the basic difference between the E.T.P.A. and the F.R.A. is that under the former, the landlords must conform with the law whereas under the F.R.A. , an agreement can be reached with no penalties. Michael P. Doyle - 910 Stuart Avenue (Village of Mamaroneck) Mr. Doyle spoke in support of the passage of the E.T.P.A. by the Town Council and strongly urged the residents of this community to demonstrate their approval of its adoption. Terry Winger - Larchmont Gables Terry Winger, a tenant, spoke to those present of her problems with the landlord -- urged passage of the E.T.P.A. - 7 - 64 4-17-75 John Watkins - White Plains, New York Mr. Watkins, in behalf of Senator Pisani, urged the Council to consider the merits of the E.T.P.A. And thereupon since no one else wished to be heard, on motion by Councilman White, seconded by Councilman Bloom, it was unanimously RESOLVED, that the hearing is hereby declared closed. In reply to the Chair's query as to the Board's pleasure, it was unanimously directed that action be deferred pending further study. 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 May 7th, 1975. 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 payment by Commissioner Bloom and on his motion, seconded by Commissioner McMillan, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's office: Con Edison Co. of N.Y. Inc. , West $227.18 R. G. Brewer, Inc. 53.37 Dri-Chem Ext. Co. 12.00 Excelsior Garage & Machine Works, Inc. 93.22 Exterminating Services Co. 7.88 Exxon Company, U.S.A. 179.50 N. LaRussell 65.00 N. LaRussell 41.25 Lawrence Heat & Power Corp. 316.06 McGuire Bros. , Inc. 20.00 Office Essentials, Inc. 8.32 Office Essentials, Inc. 14.29 R & F. Trophies 5.65 Vogue Paint & Wallpaper, Inc. 46.11 Westchester Joint Water Works 43.29 Westchester Surgical Supply Co. , Inc. 79.20 Total $1,212.32 ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:55 P.M. to reconvene on May 7th, 1975. Town( erk - 8 - 77-7-