Loading...
HomeMy WebLinkAbout1974_09_04 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 4th, 1974 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 Deputy Supervisor Vandernoot Councilman Bloom Councilman White Councilman McMillan Absent: None Also Present: Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meetings of July 10th and August 7th, 1974 were presented and, on motion duly made and seconded, approved as presented. PUBLIC HEARING - Emergency Tenant Protection Act of 1974. On motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the hearing is declared open. The Clerk presented the Affidavits of the Publication and Posting of the Notice of Hearing for the record, and the Supervisor welcomed those attending the meeting, calling to attention the "Information Sheet and Identification Card" furnished to all present as hereby ordered filed as part of the record of this hearing; and requesting that each person who wished to be heard, fill in the card, give it to the Deputy Clerk and come forward to the mike at the time his or her name was called. Mrs. Helwig also called attention to the requirements which had to be met by the municipality prior to adopting provision or provisions of this Law and noted the Apartment Vacancy Report for the Unincor- porated Area of the Town of Mamaroneck as recorded on August 28th and herewith filed for the record. Further brought to attention and filed as part of the record were memoranda addressed to the Supervisor by the Town Attorney under date of August 6th re: his consultation with Mr. Harold Grossberg, Local Rent Administrator in the absence of Commissioner Robert E. Herman concerning the applicability of Chapter 576 of the laws of 1974 and the lawsuit ;brought by the Apartment House Owners against the City of Yonkers which sought a declaratory judgement that would nullify the City's adoption of the provisions of this Act. - 1 - Lastly, the Supervisor explained for the information of those present that Mrs. Sylvia Curry, a Court Stenographer, had been engaged this evening so that, if it were needed, the actual testimony of this hearing would be available to the Board. Mrs. Helwig then welcomed and introduced the Honorable Richard E. Mannix, Assemblyman of the 91st District of the State of New York, and ardent sponsor of this bill, adding that she felt an intro- duction was scarsely necessary in view of his work for this bill and his detailed and informatory letter mailed to all tenants in July of this year which was thereupon also ordered filed for the record of this hearing. Mr. Mannix thanked the Supervisor and spoke at some length to his letter and the particulars of the bill -- then inviting questions from both the members of the Board and the floor which he answered as addressed to him before leaving to speak to another meeting after once again expressing his thanks to the Board and those pre- sent for affording him this opportunity to be heard this evening. Mrs. Helwig then asked that those who wished to address the Board be called, whereupon the following persons were heard: Stephen J. Lehrman, Esq. - Associate of Myron Marcus, Counsel to the Apartment Owners Advisory Council of Westchester and Putnam Counties. Mr. Lehrman addressed the Board presenting a prepared statement which was herewith ordered received and filed as part of the record. Mrs. Ella Felber - 415-D Larchmont Acres Mrs. Felber stated that she and her husband were senior citizens living on a fixed income who could not meet the presently called for rent increase and who inquired of the Board --"Where do we go?" Briefly, she recited that they were tenants of six years -- had rented apartment at $145. -- three years later raised to $195. -- had called landlord to ask why couldn't come to terms -- two months later received Notice of $2.40 for taxes and then within the next two weeks Notice of rent at $245. with answer due within thirty days -- $57.60 (or 34%) a month increase. Mr. Thomas F. Reynold, Jr. - Representing Owen A. Mandeville Assoc. for Chatsworth Gardens, Buildings A & C. Mr. Irving Scharf - 334 Richbell Road, representing Tenants Associ- ation and requesting that tenants and landlords negotiate together to solve problems. Mr. Donald LaSala - Representing 16 No. Chatsworth Avenue. Mr. Hugh Roth - Representing 1299 Palmer Avenue. In reply to the Board's reiterated question to the landlords speaking Messrs. Reynolds, LaSala and Roth all stated that -- they would submit earnings statements to the Board. (All detailed reports in Court Stenographer's testimony) Also heard upon request from the floor were Mrs. Mary Telesco of Avonmore Apartments who spoke of her daughter's inability to continue to live in the Unincorporated Area because of the rent situation; a Miss McLoughlin of Larchmont Acres who asked how many more young people were to be forced to leave this community because of the rent hikes; a Mrs. Rock of Larchmont Acres who echoed Mrs. Felber's experience and Mr. Ned Ryan, Attorney, who addressed himself to - 2 - debate with Councilman White and Bloom as to the applicability 320 and effectiveness of using the Stein Commission Report in this matter; the suggestion that the vacancy rate was the principle question facing this room and how the Board intended to deter- mine whether the landlord's figures submitted to the Board would be accurate? And thereupon since no one else wished to be heard, on motion by Councilman Vandernoot, seconded by Councilman McMillan, it was unanimously IIIRESOLVED, that the hearing is hereby declared closed. In reply to the Chair's question as to the Board's pleasure and following a listing by Messrs. White, Bloom and McMillan of the information needed to be obtained by the Board before it could take any action and the amount of time needed to acquire same, on a motion by Councilman White, seconded by Councilman McMillan, it was unanimously RESOLVED, that action on the adoption of provision._ or provisions of the Emergency Tenants Protection Act of 1974 is deferred until the second regular meeting in October to be held on Wednesday evening, October 16th, 1974. PUBLIC HEARING Purchase of 3 Garbage Trucks On motion duly made and seconded, the hearing was declared open and the affidavits of publication and posting of the Notice of Hearing presented for the record. The Supervisor noted that detailed memoranda reciting the need III and reasons for the purchase by the Town and Village of Larchmont, together with the Bid Report, had been submitted by Messrs. Aitchison and Kellogg at the last meeting and inquired of the Board whether there were any further questions or comments at this time? As there were neither any questions or comments, the Chair invited anyone present to address the Board, stating that first those in favor, then those in opposition would be heard. And thereupon since no one addressed the Board, on motion duly made and seconded, it was unanimously resolved that the hearing be closed and the Comptroller authorized to take such steps as necessary to acquire the aforesaid trucks. THE SUPERVISOR-- Before proceeding with the regular order of business, the Supervisor at this time inquired whether anyone present wished to address the Board on any matter not on the agenda? Dr. Norman Hornstein - 2 Garit Lane Dr. Hornstein recited that his first-ever flood damage from Tuesday's storm was caused by negligence on the part of the Town because of its III failure to pick up shrubs etc. removed by his new neighbors and left in and blocking the street, and inquired about the Town's liability insurance to cover his loss. Mrs. Helwig called on the Highway Superintendant who explained the violation in this instance accounting for the pick-up failure. - 3 - 321 The Supervisor then advised Dr. Hornstein of the meeting she had attended this afternoon in the Village of Mamaroneck with Congressman Reid and other area officials concerned with Tuesday's flooding. She explained that the meeting had been called to determine whether the areas concerned in these municipalities could qualify as a Disaster Area so as to be eligible for Federal and State funds. She further recited that the damages incurred were worse than those caused by Hurricane Agnes and that a report would follow as soon as additional information was obtained -- meanwhile suggesting that Dr. Hornstein,as well as all others suffering flood damage, forward written notification thereof to her office at their earliest convenience. OLD BUSINESS-- 1. Engineer's Memo - Improvements to Wild Oak Estates Pursuant to memorandum herewith presented by the Town Engineer and ordered received and filed for the record, it was unanimously directed that the Engineer proceed in accordance with his recom- mendation as recited in the aforesaid memorandum in connection with the correction and completion of street improvements in the Wild Oak Estates subdivision. NEW BUSINESS-- 1. Salary Authorizations - Recreation Pursuant to memorandum herewith presented and ordered received and filed for the record, on motion by Councilman Bloom, seconded by Councilman White it was unanimously RESOLVED, that the following persons employed as Lifeguards and the following persons engaged as Recreation attendants at the Honmiocks pool be com- pensated at the rate of $2.20 and $2.00 per hour respectively, effective as of September 3rd, 1974: Lifeguards Francis Gallagher Renie Walsh John Quigley Kerry Hagan Bennett Goodman Claire Barres Steve Walsh Margaret Brown Gayle Golly Recreation Attendants John Irwin Patricia Wilson Kenneth Murtagh Cary Wazenberg Michael Wise Mary Kay Irwin 2. Appointment of Dog Enumerator for 1974-75 In accordance with usual yearly request as required by law, on motion by Councilman White, seconded by Councilman McMillan, it was unanimously RESOLVED, that pursuant to Section 108 of the Agriculture and Markets Law, William Collins of 5 East Avenue, Town, be and he hereby is appointed Dog Enumerator of the Town of Mamaroneck (Unincor- porated Area) for the year 1975. - 4 - 3. Authorization for Replacement of Section of Water Main at �0%4 Lafayette and Madison Streets Pursuant to request of the Westchester Joint Water Works as stated and explained in letter addressed to the Supervisor under date of September 4th, 1974 as herewith presented and filed for the record and following her explanation, on motion by Councilman Bloom, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that this Board hereby authorizes the Westchester Joint Water Works to replace the main and valves, and repave the area at the inter- section of Lafayette and :..Madison Avenues in the Unincorporated Area of the Town of Mamaroneck, at a cost not to exceed the sum of $2,500.00, said cost to be paid by Water District No. 1 of the Town of Mamaroneck. 4. Assessor's Petition - Amend 1973-74 Town Tax Roll of 1974 School Tax Pursuant to petition addressed by the Assessor to the Town Board under date of August 30th, 1974 herewith presented and ordered received and filed as part of the record of this meeting, on motion by Councilman Bloom, seconded by Councilman Vandernoot, the following resolution was adopted by unanimous vote of the Board: RESOLVED, that pursuant to Subdivision #1, Section 557 of the Westchester County Administrative Code, this Board hereby authorizes that the Assessment Roll of the Town of Mamaroneck for the year 1973-1974, for school taxes of 1974, be adjusted as follows: From: Block Parcel Name Land Imp. Exp. Total 902 241 Louis DiNardo & Wife $3,100. $9,500. ---- $12,600. To: Block Parcel Name Land Imp. Exp. Total 902 241 Louis DiNardo & Wife $3,100. $9,500. $6,300. $6,300. 5. Authorization - Publication of Notice 1974-75 Polling Places for Registration and General Election In accordance with the usual annual request in conformity with the law, on motion by Councilman Vandernoot, seconded by Councilman White, it was unanimously RESOLVED, that in accordance with the provisions of Section 76 and Section 354 of the Election Law, a Notice listing the places of registration and election and briefly describing each registration and election district in the Town of Mamaroneck be published in the official newspaper of the Town of Mamaroneck, "The Daily Times", on September 26th and October 3rd, 1974. - 5 - COMMUNICATIONS-- 323 1. Letter - Mrs. Rose D. Nitzberg A letter addressed to the Town Board by Mrs. Rose D. Nitzberg of 11 Rock Ridge Road, under date of August 12th, 1974 complain- ing about the weeds. in the strip along the Post Road from the corner of Weaver Street past the Tung Hoy restaurant and the unsightly conditions' of the entire parking lot at the Shopping Center as well was presented. Also submitted by the Deputy Supervisor as part of the record of this matter were: 1. Mr. Vandernoot's reply to Mrs. Nitzberg. 2. Mr. Vandernoot's letter to Mr. Pepe, owner of the aforementioned Ferndale Shopping Center. 3. Mr. Pepe's letter to his tenants and to Mrs. Nitzberg. Mr. Vandernoot concluded his report by stating that there would be further follow-up of this situation. 2. Letter - Zoning Board of Appeals A letter addressed to the Town Board by the Board of'-Appeals under date of September 4th, 1974 reporting that Board's denial of the application of the Dollar Savings Bank was herewith presented and ordered received and filed. REPORTS-- The Clerk-- In the absence of the Clerk, the Deputy Clerk presented the following reports to which were herewith ordered received and filed: Report of the Building and Plumbing Inspector for the month of August,1974. Town Clerk's Report for the month of August, 1974. Report of the Westchester Shore Humane Society for the month of August, 1974. Report of the Municipal Dog Patrol for the month of August, 1974. Financial Report of the Town of Mamaroneck for the period ending December 31st, 1973 as prepared and submitted by Glick - Freedman & Meckler, Certified Public Accountants for the Town. The Supervisor-- 1. Interim Report - "Freedom of Information Law" The Supervisor presented a memorandum addressed to all Department Heads and Chairmen, of All Boards, Commissions and Committees under date of August 26th, 1974 enclosing copy of the Law, suggested forms for Application for Public Access to Records, and requesting lists of information by Department and suggestions on how best to implement the requirements of the law. She further stated that a follow-up report to this memorandum would be submitted at the next meeting of the Board on October 2nd, 1974 and that meanwhile all suggestions for its efficient implementation were indeed welcome. - 6 - 2. Change of Dates - January 1975 meetings 34 Mrs. Helwig called to the Board's attention that the first regular meeting date for January 1975 fell on New Year's Day and suggested since there were five Wednesday's in the month that the dates for the regular meetings be changed from the first and third to the second and fourth Wednesday of that month (January 8th and 22nd) which, on motion duly made and seconded was unanimously thereupon so ordered. 3. Meeting - Re: Flood Damage Corps of Engineers & municipalities The Supervisor reported briefly on the meeting in her office with representatives of the Army Corps of Engineers and County and local area municipalities including Larchmont, Mamaroneck, Harrison, Rye and New Rochelle regarding flood damages and the possibility of this region being declared a Disaster Area. The Daily Times reporter, Mr. Le Sourd, was requested to note in the paper that written infor- mation of any damage incurred by this storm was being requested by all of the municipalities affected for purposes of establishing a record. THE DEPUTY SUPERVISOR-- 1. Report - Teen Center For the information of those present Mr. Vandernoot briefly reviewed a report from Mrs. Megros, Chairman of the Teen Center. 2. Letter - Dr. George Bailey, Committee on Family and Youth Mr. Vandernoot presented for informational purposes, a letter addressed to the Supervisor by George R. Bailey, Chairman of the Larchmont-Mamaroneck Committee on Family and Youth, under date of August 29th, 1974, reporting on the closing of "The Inn", the teen center at St. Thomas' Church, which was so ordered received and filed. Not on Agenda-- Councilman Bloom-- 1. Reconsideration of Proposed Local Law to Control and Regulate Installation of Private Alarm Systems Mr. Bloom stated that he would like to see the former proposed Local Law for Regulating and Controlling Police Alarm Systems reconsidered so that it could be adopted and become effective as of January 1st, of 1975. Since there were two public hearings scheduled for the next meeting, he suggested that the hearing be held on October 16th which, upon his motion, seconded by Councilman White, was unanimously so ordered with publication of the Notice therefor as required by law duly authorized. 2. Hominocks Pool In reply to questions of Councilman Bloom as to when the roof would be placed over the pool and whether the present evening 6:00 p.m. hour could be put ahead to 5:30 p.m. so as to permit a, swim before dinner, Mr. Elfreich advised that it was hoped the roof would be in place on the 17th, 18th or 26th of September--and that since school was now open, any suggestion re: rescheduling of hours, he believed would have to be submitted to the Board of Education. - 7 - 325 THE SUPERVISOR-- The Supervisor interrupted the meeting to introduce and welcome Mr. Max Berking, Chairman of the Democratic County Committee and Mrs. Berking who accompanied him. Mr. Berking thanked Mrs. Helwig for her graciousness and expressed his regret that a three-hour wait in Yonkers was the cause of this 11:15 p.m. arrival here - concluding only by saying "thank you again and good night!" Not on Agenda-- Mr. McMillan-- Councilman McMillan called to attention the Rugby Game scheduled to be played at Flint Park this Saturday at 1:30 p.m. , urging that all who possibly could attend and requesting Jacques Le Sourd to do his utmost to get another announcement in the paper! ADJOURNMENT-- There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 11:45 p.m. , to reconvene October 2nd, 1974 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 White, 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: R. G. Brewer, Inc. $ 55.80 Brigant Lawnmowers 5.00 Con Edison 5.00 Con Edison 291.85 Dri-Chem Extinguisher Co. 143.00 Dri-Chem Extinguisher Co. 156.35 Excelsior Garage & Machine Works, Inc. 377.86 McGuire Bros. , Inc. 20.00 The New Rochelle Water Co. 93.75 Russell Uniform Co. 2,020.95 Total $3,169.56 REPORT-- Commissioner Bloom presented the following report which was here- with ordered received and filed: Report of the Fire Department for the month of August, 1974. - 8 - Not on Agenda-- 326 1. The Deputy Supervisor-- Mr. Vandernoot commended the Chief on the excellent picnic held by the Department. 2. The Fire Chief-- Mr. Santoro called to attention that not all of the numbers on Fenimore Road had as yet been changed which could lend to confusion. It was pointed out that the Commission was aware of this and that as requested by the County Board of Elections the Town had mailed another request (the third) for this change to each property owner. It was further pointed out that the change had to be made voluntarily by the property owner since there was no way of mandating it by law. ADJOURNMENT-- There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 11:50 p.m. to reconvene on October 2nd, 1974. V 1\ i rnAi [� • t\*. Deputy Clerk - 9 -