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HomeMy WebLinkAbout1976_04_07 Town Board Minutes 264 4-7-76 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 7, 1976, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER i 111 The Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Vandernoot Councilman Bloom Councilman McMillan Councilman DeMaio Councilman Perone Absent: None Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. DeLuca - Comptroller Mr. Elfreich - Engineer PUBLIC HEARING: Emergency Tenants Protection Act of 1974 On motion by Councilman McMillan, seconded by Councilman DeMaio, it was unanimously RESOLVED, that the Public Hearing be and it hereby is declared open. The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing and the Supervisor presented correspondence from the Tenants Council and Otto Scheuble, which were herewith ordered received and filed as part of the record of this Hearing. For the benefit of those present, Supervisor Vandernoot gave a de- tailed review of the Town's background in landlord-tenant involvement, the two previous public hearings relative to rent control proposals and the provisions of the Emergency Tenants Protection Act. He then stated that in view of the many people attending this Hearing, those affected by rent proposals in the Unincorporated Area of the Town of Mamaroneck can come forward stating their name and address, confine their remarks to the Emergency Tenants Protection Act and limit their statements to three minutes. He further noted that in accordance with usual procedure, first those in favor of the Act, then those opposed would be heard. Whereupon the following persons were heard: Assemblyman Richard Mannix Selena Grissom - 126 Richbell Road, Town Irving Scharf - 334 Richbell Road, Town Hubert Alton - 17 No. Chatsworth Avenue, Town Bill Durkin - 1299 Palmer Avenue, Town Beth Daniels - 1299 Palmer Avenue, Town -1- 265 4-7-76 Nicholas Sparkman - 172 Myrtle Boulevard, Town Edward Nolan - Larchmont Acres, Town Miss Fafrey - 1299 Palmer Avenue, Town Mrs. Thomson - 17 No. Chatsworth Avenue, Town Jean Robinson - 687 Weaver Street, Town Margaret Shultz - 25 Alden Road, Town Peggy Snyder - 31 Seton Road, Town IIIThe aforementioned all spoke in favor of E.T.P.A. recommending that the Town Board adopt said Act which would insure the rights of and provide protection for tenants, guarantee leases, and limit the per- centage of increases as set by the Guidelines Board. The following persons also addressed the Board: Leonard Reich - (apartment owner) Alfred Rose - Owner of Larchmont Acres West Andrew Olaf sky - Owner of 17 No. Chatsworth Avenue Warren Holby - 6 Locust Ridge Road Donald LaSala - Representing 16 No. Chatsworth Avenue David Schenwick - Owner of 172 Myrtle Boulevard Joseph Minniti - 280 Murray Avenue, Town The aforesaid individuals all spoke against E.T.P.A. urging the Town Board not to adopt the Act and gave as their reasons the need for the old rent control legislation to be abolished, adoption of Fair Rent Agreement, feeling that homeowners subsidize tenants in tax struc- ture, and the possibility that adoption of said Act could increase taxes. Throughout the hearing and especially at times when erroneous state- ments were noted, clarifications were made by individual members of the Board. Since no one else wished to be heard either in favor of or in oppo- sition to the Emergency Tenants Protection Act, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. In reply to Supervisor Vandernoot's query as to the Board's pleasure and following comments by each of the Councilmen who noted that reason- able rent increases would be effected under the Act and the hope for abolishment of the old rent control legislation to add to the Act's effectiveness, Councilman McMillan stated that he would move that the Board declare the existence of under 5% vacancies and the need for regulation of rents as provided for under E.T.P.A. , and therefore since an emergency exists, on his motion which he moved with pleasure, seconded by Councilman Bloom, the following resolution was thereupon adopted: WHEREAS, pursuant to Notice of Public Hearing published in The Daily Times, the official newspaper of the Town of Mamaroneck, on March 24th, 1976 a public hearing was held on April 7th, 0 1976 for the purpose of considering the adoption of the New York State Tenant Emergency Protection Act of 1974; and -2- 266 4-7-76 WHEREAS, a finding has been made that the vacancy rate in decontrolled apart- ments with six (6) or more units completed on or about April 1st, 1976 is less than five percent (5%) and that an emergency therefore exists; and WHEREAS, this condition constitutes a public emergency requiring the regulation of residential rents; NOW, THEREFORE, BE IT RESOLVED, that this Board, the Town Board of the Town of Mamaroneck, does hereby adopt the New York State Tenant Emergency Pro- tection Act of 1974, which Act would be applicable to all classes of housing accommodations which come within the pur- view of said Act. and be it further RESOLVED, that the effective date of said Act is May 1st, 1976. Upon roll call, the vote on the foregoing resolution was as follows: Councilman Bloom VOTING Aye Councilman McMillan VOTING Aye Councilman DeMaio VOTING Aye Councilman Perone VOTING Aye Supervisor Vandernoot VOTING No The resolution was therefore declared duly adopted by a majority vote of four (4) ayes to one (1) no. OLD BUSINESS 1. Adoption of Bond Resolution - Repairs on Fire Truck ( The Supervisor stated that this item would be deferred and taken up as the first item of business under Board of Fire Commissioners.) 2. Application for Change in Zoning - James Dandry Pursuant to Mr. Minniti's request to address the Board and at which time in accordance with the recommendation of the Town Attorney, Mr. Minniti verbally amended the application of James Dandry for change in -3- 267 4-7-76 zoning, 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 Wednesday evening, April 21, 1976, in the Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of considering James Dandry's application for a change in zoning. and be it further RESOLVED, that the Clerk be and she 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. 3. Amendments to 1976 Budget Pursuant to Comptroller Carmine DeLuca's reference to an error in the assessed valuation with amounts varying in different districts which was discovered after most of the tax bills had been mailed, and following the Supervisor's explanation that with the time and cost involved in refiguring each bill and sending out corrected ones, it would be more feasible to transfer surplus funds to cover the deficit, on motion by Councilman McMillan, seconded by Council- man DeMaio, it was unanimously RESOLVED, that this Board hereby approves the transfer of $43,472. from surplus to cover the deficit in appropriations resulting from an error in the amount of assessed valuation on which the 1976 tax rate was figured. Mr. DeLuca noted that three pages of the budget will be corrected and persons wishing to obtain copies of the revised pages may pick them up at the Town Offices. 4. Resolution - Reduce Speed Limit - Murray Avenue Following Supervisor Vandernoot's review of the reasons for the need for a reduction of speed limit near the school and pursuant to the recommendation of the Police Chief, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck pursuant to Section 1662A of the Vehicle and Traffic Law of the State of New York hereby establishes a School Speed Limit of 15 miles per hour for that portion of Murray Avenue passing Murray Avenue School and for a 300 foot distance in either direc- tion from the school building line. -4- 268 4-7-76 NEW BUSINESS 1. Petition to Amend Tax Roll Pursuant to petition addressed by the Assessor to the Town Board under date of April 6, 1976 herewith presented and ordered re- ceived and filed as part of the record of this meeting, on motion by Councilman Bloom, seconded by Councilman Perone, the following Ill resolution was adopted by unanimous vote of the Board: RESOLVED, that pursuant to Subdivision #1, Section 557 of the Westchester County Admini- strative Code, this Board hereby authorizes that the Assessment Roll of the Town of Mamaroneck for the year 1975-76, for Mary Sansone, Owner, Block 901, Parcel 54, beatnended as follows: From: LAND IMPROVEMENT EXEMPTION TOTAL TAXABLE $2,300. $9,200. $11,500. To: LAND IMPROVEMENT EXEMPTION TOTAL TAXABLE $2,300. $9,200. $ 5,750. $ 5,750. 2. Petition to Adjust Assessment Roll Pursuant to memorandum addressed to the Board by the Assessor under date of April 2, 1976, herewith presented and ordered received and filed, on motion by Councilman McMillan, seconded by Councilman DeMaio, it was unanimously RESOLVED, that in accordance with the provisions of Subdivision #1, Section 557 of the Westchester County Administrative Code, this Board hereby authorizes that the Assessment Roll of the Town of Mamaro- neck for the year 1975-1976, for taxes of 1976, be adjusted as follows: From: BLOCK PARCEL NAME LAND IMPROVEMENT TOTAL 228 75 Stella Werner $7,200. $46,800. $54,000. To: BLOCK PARCEL NAME LAND IMPROVEMENT TOTAL 228 75 Stella Werner $7,200. $39,700. $46,900. -5- 269 4-7-76 3. Request for Use of Voting Machines - Mamaroneck Union Free School District Pursuant to the request of J. J. Barbieri, District Treasurer of Mamaroneck Public Schools which was herewith ordered received and filed for the record, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously 1 III Resolved, that this Board hereby grants the request of the Mamaroneck Union Free School District for the use of eleven (11) voting machines for the school district vote on May 12, 1976. COMMUNICATIONS 1. Notice of Public Hearing - New Rochelle City Board of Appeals A Public Notice of the Zoning Board of Appeals of the City of New Rochelle was presented and ordered received and filed. THE TOWN CLERK Regular Reports The Town Clerk presented the following reports which were ordered received and filed: Report of the Building and Plumbing III Inspector for the month of March, 1976. Report of the Town Clerk for the month of March, 1976. THE SUPERVISOR 1. Report - Flood Control Meeting Supervisor Vandernoot acknowledged the receipt of many letters rela- tive to the flood control plans and as a result of the last meeting, in which residents of the lower end of the brook voiced concern about the flume, one resident offered his home for a meeting to be held on April 8th, at which time Mr. Tosci of the Army Corps of Engineers and members of the Town Board will clarify the misinterpretations about the plans. The Supervisor further noted for those in attendance that no action will be taken relative to flood control tonight and that among other things this Board is awaiting reports from the Conserva- tion Advisory Commission and the Town Engineer. 2. Proclamation - Bicycle Safety Week Mr. Vandernoot presented a Proclamation eminating from Governor Carey's Office which was herewith ordered received and filed for the record and suggested that the Town join with the State in proclaiming Bicycle Safety Week. -6- 270 4-7-76 Whereupon, in accordance therewith on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the week of April 25 to � P May 1, 1976 be and it hereby is proclaimed as Bicycle Safety Week in the Town of Mama- roneck. Not on Agenda Some discussion followed Councilman DeMaio's query as to specific ordinances relative to skate boards during which time the Supervisor stated that he would discuss the matter with the Chief of Police. THE COUNCILMEN Mr. Bloom 1. Appointment - Zoning Board Councilman Bloom recommended that Peter G. Moore fill the vacancy created by the resignation of Richard F. Eggers and presented a resume of his qualifications and highlighted Mr. Moore's accomplish- ments. Thereupon on Councilman Bloom's motion, which he moved with pleasure, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby appoints Peter G. Moore of 104 North Chatsworth Avenue, Town a member of the Zoning Board of Appeals of the Town of Mamaroneck to fill the vacancy created by the resignation of Richard F. Eggers and to serve for the unexpired portion of his term of office or until February 19, 1979; and be it further RESOLVED, that Mr. Moore be notified accordingly. 2. Appointment - Conservation Advisory Commission (The Supervisor stated that this item would be deferred and taken up as Councilman Perone's first item.) 3. Apportionments Councilman Bloom presented the following apportionments and on his motion, which was seconded by Councilman DeMaio, the following reso- lution 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 -7- 271 4-7-76 finds it desirable to grant said petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1975-76, taxes of 1976, which shows property now appear- ing on the roll as follows: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 901 247 Anna Sansone & Ors. $4,600. $12,000. $16,600. be apportioned as follows in accordance with the provisions of Subdivision 5 of Section 557: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 901 247 Anna Sansone & Ors. $1,800. $9,200. $11,000. 901 251 Anna Sansone & Ors. 1,400. 2,800. 4,200. 901 254 Anna Sansone & Ors. 1,400. 1,400. and be it further RESOLVED, that the assessment roll of 1975-76,school taxes of 1976, which shows property now appearing on the roll as follows: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 201 188 William N. Byrnes,Jr. $9,900. $31,400. $41,300. be apportioned as follows in accordance with the provisions of subdivision 5 of Section 557: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 201 188 William M. Byrnes,Jr. $9,500. $31,400. $40,900. 201 250 Peter W. Dybing 400. 400. Mr. Perone 1. Appointment - Conservation Advisory Commission Councilman Perone proposed the name of Joseph DeSalvo to fill the vacancy on the aforementioned Commission created by the resignation of Herbert Bijur and presented a resume of Mr. DeSalvo's unique qualifications and experience. Thereupon, with pleasure, Councilman Perone moved the appoint- ment which was seconded by Councilman Bloom and the following resolution was unanimously adopted: RESOLVED, that Joseph DeSalvo of 1416 James Street, Village of Mamaroneck be and he here- by is appointed a member of the Conservation Advisory Commission of the Town of Mamaroneck to fill the vacancy created by the resignation of Herbert Bijur and to serve for the unexpired portion of his term of office or until December 31, 1977; -8- I 272 4-7-76 and be it further RESOLVED, that Mr. DeSalvo be notified accordingly. 2. Recreation Report - Bubble III Councilman Perone presented an Ice Rink Analysis as prepared by the Recreation Superintendent and noted that the March 1975 receipts were $5,687.30 and the March 1976 receipts were $10,082.59. In re- viewing the analysis Mr. Perone stated that hourly rentals accounted for a major portion of the increase and the concession which was not in operation last year brought in $1,036.88. THE ATTORNEY 1. Report - Parcel "J" Town Attorney James J. Johnston reported to the Board for informational purposes that the County Board of Legislators had approved the Town's request for partial release of a reverter clause on a 1.5 acre parcel of land off Laurel Avenue near the New England Thruway for the sum of $1,000. 2. Authorization - Appeal Decision - Con Edison Special Franchise Pursuant to the Attorney's request and on motion by Councilman Bloom, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board authorizes James J. Johnston, Town Attorney, to appeal on behalf of the Town of Mamaroneck the Con Edison Special Franchise at no cost to the Town. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 11:30 P.M. , to reconvene on April 21, 1976. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board Meeting. 1. Adoption of Bond Resolution - Repairs on Fire Truck Pursuant to Commissioner Bloom's notation that the Board at a previous meeting had approved the bid for the repairs to the fire truck, the following resolution was offered by Commissioner Bloom, who moved its IIIadoption, seconded by Commissioner-McMillan, to-wit: BUDGET NOTE RESOLUTION DATED APRIL 7, 1976. A RESOLUTION AUTHORIZING THE ISSUANCE OF A $14,900. BUDGET NOTE OF FIRE DISTRICT -9- 273 4-7-76 NO. 1 OF THE TOWN OF MAMARONECK, WEST- CHESTER COUNTY, NEW YORK, TO PAY THE COST OF EMERGENCY REPAIRS ON THE 1957 WARD LAFRANCE PUMPER. WHEREAS, pursuant to the provisions of sub- division 2 of paragraph a of Section 29.00 of the Local Finance Law, Fire District No. 1 of the Town of Mamaroneck, Westchester County, New York., is hereby authorized to issue budget notes during any fiscal year for expenditures for which an insufficient or no provision has been made in the annual budget for such fiscal year in an amount not exceeding $2,500, plus a sum not exceeding 3% of the amount by which such budget is in excess of $50,000; and WHEREAS, the amount of the annual budget of said Fire District for the fiscal year 1976 is $463,969, so that said Fire District is author- ized to issue budget notes pursuant to the afore- said provisions of Section 29.00 of the Local Finance Law in the aggregate principal amount of $14,919.07; and WHEREAS, no budget notes have heretofore been authorized or issued by said Fire District during its current fiscal year pursuant to the aforesaid provisions of the Local Finance Law; and WHEREAS, it is now desired to provide for the financing of the object or purpose hereinafter described for which no provision was made in the annual budget of said Fire District for its current fiscal year; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Fire District No. 1 of the Town of Mamaroneck, Westchester County, New York as follows: Section 1. For the object or purpose of paying the cost of a new engine and transmission and re- pair and replacement parts for a 1957 Ward LaFrance Pumper of Fire District No. 1 of the Town of Mamaro- neck, Westchester County, New York, there is hereby authorized to be issued a $14,900 budget note of said Fire District pursuant to the aforesaid provisions of the Local Finance Law. Section 2. The faith and credit of said Fire District No. 1 of the Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such budget note as the same become due and payable. An appropriation shall be made in the budget for the next ensuing fiscal year sufficient to pay the principal of and interest on such budget note as the same becomes due and payable. Such budget note shall mature not later than one year after the date thereof. -10- 274 4-7-76 Section 3. Subject to the provisions of the Local Finance Law, the Power to provide for the details of said budget note is hereby dele- gated to the Fire District Treasurer, the chief fiscal officer. Such note shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Fire District Treasurer, consistent with the provisions of the Local Finance III Law. Section 4. This resolution shall take effect imme- diately. The question of the adoption of the foregoing resolu- tion was duly put to a vote on roll call,which resulted as follows: Commissioner Vandernoot VOTING Aye - Commissioner Bloom VOTING Aye Commissioner McMillan VOTING Aye Commissioner DeMaio VOTING Aye Commissioner Perone VOTING Aye The resolution was thereupon declared duly adopted. 2. Claims III Pursuant to memorandum addressed to the Commission by the Deputy Comptroller under date of April 7, 1976, herewith presented and ordered received and filed, on motion by Commissioner Bloom, seconded by Commissioner DeMaio, 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: Breckenridge Linen Shop. $ 75.65 Excelsior Garage & Machine Works, Inc. 668.89 Exterminating Services Co. .79 N. LaRussell 435.55 New York Telephone Co. 14.60 New York Telephone Co. 309.35 Wm. Smith Supplies, Inc. 60.35 Eric S. Turner & Co. 30.00 Westchester Joint Water Works 62.21 $1,657.39 3. Reports Commissioner Bloom presented the Fire Report for the month of IIIMarch 1976 which was ordered received and filed for the record. -11- 275 4-7-76 ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 11:35 P.M. , to reconvene on April 21, 1976. Town erk -12-