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
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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
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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
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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.
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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.
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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.
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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
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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;
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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
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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.
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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.
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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
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