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HomeMy WebLinkAbout1995_04_19 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, April 19, 1995 -Town Center- Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into an Executive Session to discuss certiorari and personnel and adjourn at 7:30 PM into a Work Session to discuss the equalization rate and rollerdome proposal.. CONVENE REGULAR MEETING RECESS INTO EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION CONVENE WORK SESSION RECESS WORK SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Authorization - Lease Extension -Temporary Firehouse PUBLIC HEARINGS - Parking Restrictions, Senate Place and Daymon Terrace III - Restrictions on Outdoor Power Tools and Gasoline Powered Blowers AFFAIRS OF THE TOWN 1. Appointments 2. Authorizations - Settlement of Certiorari Cases 3. Set Public Hearings -Amendment Fire Lane Law -Water District Bond Resolution -Amendment - Police Commission Ordinance 4. Authorization - Detour Route -Weaver Street 5. Authorization - Rollerdome Proposal 6. Salary Authorization - Recreation - Police Department APPROVAL OF MINUTES - June 1, 1994 (All Previously Submitted) - June 15, 1994 - September 7, 1994 - September 13, 1994 - September 21, 1994 - October 19, 1994 - November 2, 1994 - November 16, 1994 Next regularly scheduled meetings - May 3, 1995 - May 17, 1995 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD WEDNESDAY, APRIL 19, 1995 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NY CONVENE EXECUTIVE SESSION The Executive Session of the Town Board was duly opened at 7:00 PM in Conference Room A of the Town Center. The purpose of the session was to discuss personnel. On motion duly made and seconded the Board adjourned at 8:10 PM to the Court Room to Reconvene the Regular Meeting. CONVENE REGULAR MEETING The regular meeting of the Town Board was called to order by Supervisor Price at 8:20 PM. PRESENT: Supervisor Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin ABSENT: Councilwoman Kathleen Tracy O'Flinn Also Present: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Attorney CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for public gatherings. PUBLIC HEARINGS - Parking Restrictions -Senate Place and Daymon Terrace - Restrictions on Outdoor Power Tools and Gasoline Powered Blowers The NOTICE OF PUBLIC HEARING was entered for the record: PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on April 19, 1995 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a Local Law regulating parking and standing on Daymon Terrace and Senate Place. The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, April 19, 1995 New York. are invited to submit written comments prior thereto. The hearing was opened on motion duly made and seconded. The Supervisor asked if anyone wished to speak in favor of the proposal. The following people spoke in favor of the proposed law: Joshua Freidman, 25 Senate Place, he also thanked the Supervisor for the diligence shown on this matter, because the situation was getting dangerous. Traffic was increasing in the area around the school, and more parents were using Senate & Daymon, which exasperated problems caused by a narrow street. There are no sidewalks and it would be impossible for emergency vehicles to get by. Barry Gedan, Senate Place, spoke against the proposal, saying that property values would be adversely affected, and that he had statistics prepared by Lane Associates showing the negative affect, which he had given to his neighbors. He also commented on the difficulty he had encountered when requesting documents from the Town Clerk's office, saying that it had taken until the previous day to get the records he had requested well over a month ago. Carlo Ventimeglia, 24 Senate Place, said that he had resided there for 27 years, and it has only been for the last five years that it has been impossible to get by all the parents who were parking cars on the street. He said it would be impossible for a fire truck to get through. Carl Ketchum, 22 Senate Place, said that his home is directly across from where the parking ban would be, and that he was very much in favor of it. He also added that most of neighborhood was concerned about emergency vehicles not being able to get by should the need arise, and that he knows that garbage trucks can't access the homes. Richard Mari, a member of the Traffic Committee, said that the committee had made the recommendation for the change on this street mainly because of the safety issues, especially during school hours. A resident, 21 Senate Place, said that she was a mother of a child who had been sideswiped by someone trying to find a parking space on the street. Supervisor Price then asked if anyone wanted to speak against the amendment. Susan Gedan, said that instead of restricting parking, the board should work with Murray Avenue School to find a way to clean up the situation 7 days and 7 nights a week. Picking up and dropping off of children should be restricted to certain areas, but not necessarily from 9 to 3. The cars are not constant,just during the beginning and end of the school day. To take away five or six spaces all day is ridiculous, and not necessary. David Morse, 1 Senate Place, said that he differs on the hours of the restrictions, and on the one side parking. Toby Siegel, 10 Senate Place, said that if the hours were changed he would be in favor. He said that the hours should be from 8 am to 9, then 2:30 to 3, which is what the hours are on Murray and that would work also on Senate. Barry Gedan, 17 Senate Place, said that he had started this dialogue on this problem, but that he never proposed this drastic change. He said this would severely impact the quality of life by putting on too many restrictions for people residing on the street. Everyone has said the parents are blocking the road. He showed pictures to the Board members of the traffic caused during the morning drop-off hour. Mr Gedan thought that the Board should authorize a traffic study. He also offered that the risks and benefits of the way the Board was going to restrict parking had not even been reviewed. He continued for about 30 minutes with various proposals that the Board should consider, giving them a map of what he thought would be the best way to handle the traffic. John Carnigan, 11 Senate Place, said that he was on the fence with the change and 2 April 19, 1995 wanted an explanation as to why the hours couldn't be more flexible. Paula Mishulu, 7 Senate Place, said that the problem has gotten much worse these past few years during drop-off and pickup times. Parents are blocking the crosswalk and driveways. The Town is not enforcing the current laws, so how are they going to enforce new ones. She said her 4th grade child who insists on walking to school, is in constant danger from the traffic. Barney Siegel, 10 Senate Place, said that all that is needed would be a parking ban for fifteen minutes in the morning and again in the afternoon which is when people are double and triple parked. He has lived there for 28 years, and it is only during the past few that it has reached this crisis situation. But if police just enforced present laws a lot of it could be alleviated, they even park on his lawn. The discussion continued with the same people restating their position. Except that Mr. Gedan offering the names of the following people, who he said could not make the meeting but were against the change: Morser family, 1 Senate Place, Donnely's 7 Senate Place, Sergt Family, 16 Senate Place, Cioffi Family, 17 Senate Place, Kirlond's, 20 Senate Place. Supervisor Price then read letters from residents, some in favor of and some against. She said that all the Board members had visited and studied that site and that they had listened closely to the residents concerns. She read a letter from the fire department which was in favor of the ban, because of the access issue, and she noted that Mr. Gedan had submitted a petition to the Traffic Committee with 13 signatures. Councilman Ryan said that he had read the letters, heard the residents, driven the street, and it was his conclusion that safety was the overriding issue, especially the safety of the children, and the inaccessibility for emergency vehicles, who need to have access 24 hours a day. Restricting parking to one side of the street enhances the safety issues, without adverse affects on property values. Councilwoman O'Keeffe commented on the safety issues and on the ability for emergency vehicles being able to get to the houses, she felt that maybe the hours of the ban be made more flexible to reflect problem times. Councilman Weprin said that he agreed with Councilwoman O'Keeffe about the safety and accessibility issues, and that maybe we could limit the ban to drop-off times until the fire department opinion was obtained to see if they may agree on the time issue. Supervisor Price said that the Board had struggled with this issue, and felt that the school should be contacted to work with us on stepping up strict enforcement. But that the fire chief had stated clearly in his recommendation that the parking ban be for 24 hours, she said that she would like to speak with him further on this though. And she then proposed that the law be adopted with an amendment to reflect different hours for the ban and should there be a problem, there could be a further amendment at a later date. And on Supervisor's Price motion, seconded by Councilman Ryan, the following law was adopted with Section three amended: LOCAL LAW NO. 5-1995 This Local Law shall be known as "Parking Restrictions -Senate Place, and Daymon Terrace". Section 1. Purpose: The purpose of this local law is to regulate parking at corners of the intersection of Senate Place and Daymon Terrace based upon the recommendations of the traffic committee which has noted the concerns of area residents with respect to traffic and parking in the vicinity of the Murray Avenue School. Section 2. No Parking or Standing to Corner: From the northeast corner of the intersection of Daymon Terrace and Senate Place there 3 April 19, 1995 shall be no parking or standing permitted for a distance of fifteen (15) feet from the corner, on each street. Section 4. Signs to be Erected: The Highway Department shall erect appropriate signs implementing the provisions of Sections 2 and 3 of this local law. Section 5. Fines arid Penalties. Violation of this local law shall be a violation punishable by a fine in an amount to be set, from time to time, by Town Board resolution. Section 6. Severability: Should any provision of this local law be declared invalid by a court of competent jurisdiction, such declaration of invalidity shall not effect any other section of this local law which may be otherwise capable of enforcement. Section 7. Effective Date: This local law shall take effect immediately. PUBLIC HEARING - Restrictions on Outdoor Power Tools and Gasoline Powered Blowers NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on April 19, 1995 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 w. Boston Post Road, Mamaroneck, New York to consider adoption of a Local Law regulating outdoor power tools and gasoline powered blowers. The hearing was opened on motion of Councilman Ryan, seconded by Councilwoman O'Keeffe. The Town Attorney explained this law would help to reduce noise from equipment being used by gardeners by restricting usage to certain times and seasons of the year. Supervisor Price invited those in favor of the law to comment. Marilyn Scott, 8 Foler Road, said that she was very much in favor of this law, She said her neighborhood has many small parcels of land and the houses are close together. And now because everyone seems to be off working, professional gardeners are hired and the noise seems to just go on and on. There is usually two or three at once with the blowers on a property, and they all come on different days, and different hours, and the noise and disturbance of the entire neighborhood seems unending. She explained that she knows there are no villains, and she would never want to impede someone's livelihood, the situation is incredibly unpleasant. Judy Kandler, 139 Valley Stream Road, was in favor of the law. She works at home, and the noise when two or three properties are being done at the same time is incredible. She thought that maybe the gardeners could look into purchasing quieter blowers. Bill Simmons, a resident of Larchmont Village, encouraged the adoption of the law, and requested that the Board then help the Village of Larchmont Board draft a similar proposal. Wally Irwin, and Lynn Walfinton, Town residents, both spoke in favor. Against the law was Irving Scharf, 335 Richbell Road, Village of Mamaroneck, who felt that large property owners should be exempted from this law. Frank Claps, 136 Laurel Avenue, President of the Westchester County Landscaper Association, spoke against the law, both on behalf of the Association and as a Town 4 April 19, 1995 resident. He said that his members weren't happy with the noise and were always looking at new emerging equipment, and are trying to monitor the problem. He said that should they have to restrict the usage of blowers, the cost to homeowners would increase because it would take much longer to do the property. And he would be forced to lay off at least one man, he would probably lose customers, because of increased prices. He appealed to the Board that a compromise be found. Supervisor Price replied that although she appreciated his position, that self-policing has not worked. There were an increasing number of complaints being received on the level of noise, and residents are angry. Joe Tardio, Landscaper, reported on how he and other gardeners were retraining their staff to not always use the blowers, that he's policing his guys, but that he was constantly frustrated by the Town yards being closed, or leaves and clippings not being picked up. He said the new blowers that aren't that much quieter cost about$1000 each. Prices would have to increase, he would lose customers, and he had a wife and baby to support. He added that he felt the major problem was with the illegitimate contractors. Following further discussion, the hearing was closed. Supervisor Price thanked everyone for their comments, and said that she knew that the landscapers had worked hard to improve this situation. But its a disturbing problem that has to be addressed, the decibel level laws don't work, and the new equipment that's emerging is promising and we will continue to look at that. Our residents though, are paying much in taxes to live in this community and have the right to expect that they can enjoy the use their yards. The Supervisor said prior to adopting the law a declaration had to be made by the Board regarding the matter. On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the following was unanimously adopted: WHEREAS, on March 15, 1995, the Town Board declared itself read Agency with respect to the adoption of local law placing restrictions on outdoor power tools and gasoline powered blowers, .and WHEREAS, the Town Board had previously determined that the proposed local law constitutes an unlisted action, and WHEREAS the Town Board has required the preparation of an environmental assessment form in accordance with 6 NYCRR Part 617, and WHEREAS the Town Board has conducted a public hearing on the proposed local law, it is RESOLVED, that the Town Environmental officer shall file a by a negative declaration with respect to the significance of the proposed local law based upon the following: 1. There shall be no substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise; nor shall there be a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems as a result of the adoption of the local law; 2. The adoption of the local law shall not result in the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; nor shall it impact on significant habit; nor shall it adversely impact upon significant habitat areas; nor shall it have a substantial adverse effect on any threatened or endangered species of animals or plant, or the habitat of such a species; nor shall it have any other significant adverse effect on natural resources; 5 April 19, 1995 3. The adoption of the local law shall not encourage or attract large numbers of people to a place or places for more than a few days as compared to the number of people who would come to such place absent the actions; 4. The adoption of the local law shall not create a material conflict with the community's current plans or goals as officially approved or adopted; 5. The adoption of the local law shall not impair the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; C. The adoption of the local law shall not create any major change in the use of either the quantity or type of energy; 7. The adoption of the local law shall not create a hazard to human health; 8. There shall not be any substantial change in the use or intensity in use of land including agriculture, open space, or recreational resources, or in its capacity to support existing uses; 9. The adoption of the local law shall not create any material demand for other actions which would result in one of the above consequences; 10. The adoption of the local law shall not change two or more elements of the environment no one of which would have a significant affect on the environment or when considered together result in a substantial adverse impact on the environment; nor 11. would the adoption of the local law result in two or more related actions undertaken, funded or approved by an agency, which have or would have a significant effect on the environment when considered cumulatively. We find that the adoption of this local law will significantly reduce noise which is disturbing to the community and in that respect. shall have a positive environmental effect. Then on motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the law was unanimously adopted: LOCAL LAW 6-1995 This Local Law shall be known as "Restrictions on Outdoor Power Tools and Gasoline Powered Blowers". Section 1. Purpose: The purpose or this Local Law is to reduce noise which is disturbing to individuals in their homes, on their property and in their workplaces. Noise from certain equipment, used out doors, causes inconvenience to occupants of nearby property when such equipment is used during certain hours. Further, gasoline powered blowers originally designed for leaf pickup for limited portions of the year are now utilized all year. Repeated statements by residents over a six year period, demonstrate the year round use of gasoline powered blowers has expanded to the extent that the blowers cause a nearly constant intrusion on the peace and quiet of the community, diminishing the quality of life in our community. The unacceptable noise levels produced by the year round use of gasoline powered blowers is particularly disturbing during the warmer weather, when residents spend longer periods out of doors and windows and doors are open. This Town Board finds the noise from gasoline powered blowers impacts adversely upon the health and welfare of the community. Section 2. Definitions GASOLINE POWERED LEAF BLOWER -Any device powered by an internal 6 April 19, 1995 combustion engine which discharges a stream of forced air and which is used or designed to move grass, leaves. clippings, dust, dirt or other matter by blowing theta with air emitted by such device. Section 3. Restrictions: A. It shall be unlawful for any person to operate any power tool or equipment powered by an internal combustion engine, before the hour of 8:00 a.m. and after the hour of 9:00 p.m. on any weekday and before 10:00 a.m. and after 5:00 p.m. on Saturdays, Sundays, and legal holidays; except(1) for emergency repairs by municipalities, school districts and/or utility companies, and (2) for a period of up to five (5) days following storms for purposes of removing snow and debris resulting from such storms. B. The use of gasoline powered leaf blowers shall be unlawful in the Town during the period from May 15 through September 30 of each year. This section shall not apply to (1) utility companies, municipal and/or school districts, emergency operations and (2) for a period of up to five (5) days following storms for purposes of removing debris resulting from such storms. Section 4. Penalties for Violations: A. Any person. firm, association or corporation who violates any provision of this local law shall be guilty of an offense punishable by a fine of not more than two hundred fifty ($250.00) dollars and/or by imprisonment for not more than fifteen (15) days. Each violation of this local law shall be a separate offense. Section 5. Severability Should any provision of this Local Law be declared illegal or unconstitutional by a court of competent jurisdiction, to the extent that the other provisions of this Local Law can be implemented without such illegal or unconstitutional provision, such other provisions shall remain in effect. Section 6. Effective Date. This Local Law shall take effect immediately. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:30 PM in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Paul A. Ryan Commissioner: Valerie M.O'Keeffe Commissioner: Barry Weprin Commissioner Weprin presented fire claims for authorization of payment , thereafter on his motion, seconded by Commissioner Ryan, 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: OPERATING FUND AAA Emergency Supply Co., Inc. $15.00 AAA Emergency Supply Co., Inc. 34.50 Cellular One 137.77 Corporate Express 196.06 Corporate Express 36.36 Coyne Textile Service 59.88 7 April 19, 1995 Dri-Chem Extinguisher Co. 99.00 Dri-Chem Extinguisher Co. 245.00 Excelsior Garage 588.96 Excelsior Garage 2013.13 Fire Protection Publications 660.00 Gall's Inc. 446.30 Gallagher Newman Insurance Brokers 538.25 NYNEX 9.00 Lawrence Heat & Power Corp. 1641.74 Receiver of Taxes 2963.39 Total $9684.34 CAPITAL PROJECTS FUND ALB & Son's Mechanical Contractor 11396.00 B&L Plumbing and Heating Co., Inc. 10809.00 Bisceglia Brothers Co. 33515.00 Bisceglia Brothers Co. 109703.00 Call A Head Corp.' 150.00 Frank & Ann Auricchio 7000.00 Frank & Ann Auricchio 7000.00 Frank & Ann Auricchio 7000.00 Tartaglione Consultants 1980.00 Tartaglione Consultants 142.84 Williams Scottsman 303.00 $ 188,998.84 GRAND TOTAL $ 198,683.18 2. Firehouse Renovation Update Richard Tortorella spoke on the progress being made on the renovations to the firehouse. He said overall everything was proceeding well. There being no further business to come before the Commission, on motion of Commissioner O'Keeffe, seconded by Commissioner Ryan, they unanimously adjourned at 11:45 PM. AFFAIRS OF THE TOWN 1. Appointments -Ambulance Board The Administrator said that an appointment is necessary to replace Frank Cioffi on the Board. 2. Authorization -Certiorari A memo was received from George Dederian, Consultant on Certiorari matters for the Town explaining that during the past months a number of assessment appeals have been scheduled for trial and that he had made an inspection of each property, reviewed financial statements and had negotiated settlements subject to Board approval. A brief description of each property, a copy of the tax map and the terms of the settlements are attached for the following properties: Amerchol Corporation, 628 Waverly Avenue Auricchio, 5 Fifth Avenue Greenwich Associates, 1385 Boston post Road Indian Cove Condominiums, Rushmore Avenue La Vine Realty Company, 1020 Mamaroneck Avenue M. F. Kathwari, 2 Madison Avenue Wing Foot Golf Club, Griffin Avenue 8 April 19, 1995 City & Suburban Federal Savings Bank, 624 Fenimore Road Harborview Condominium, 680 W. Boston Post Road Amerchol Corporation 628 Waverly Avenue Village of Mamaroneck Block 826, lot 61 Assessment: $181,400 This property is located on the south side of Waverly Avenue approximately 150 feet west of Ogden Avenue in the Village of Mamaroneck. This land is even and generally rectangular in shape with an area off 1.21 acres. The site is improved with an industrial warehouse which was built in stages from 1940 to 1961. The construction is steel and wood framing, brick, concrete block, concrete floors and minimal interior finish except for a small office area. This property is owner occupied, therefore a market rent was assigned to the property and capitalized into a full value. A market approach was also used in arriving at the present value. The settlement is based on a full value of $70 per square foot of building including the land. Year Assessment Reduced Assessment Amount of Reduction 1994 $181,400 $181,700 $62,700 (34%) The Village of Mamaroneck has approved this settlement. Frank & Ann Auricchio 5 Fifth Avenue, Town of Mamaroneck, New York 132/609, 643 & 175 Assessments:609-$77,000, 643-$15,300 and 175416,400 This settlement requires the appeals on lots 643 and 175 to be dropped. They are basically parcels of vacant industrial zoned land. Lot 609 is on the east side of Fifth Avenue, 100 feet south 015 Madison Avenue in the Town of Mamaroneck. The land has 340 feet of frontage, an average depth of 126 feet and contain; approximately 42,800 square feet. The site is improved with a one story masonry service station/garage which was built in 1957 The building contains 12,448 square feet and is in fair condition. There are small areas of the building leased to a taxi company and an auto repair business. Most of the vacant land is used for the parking of trucks and automobiles. The owners provided an appraisal of the property in the amount of $500,000. It was estimated the property has a value of approximately $1,000,000. This value was used in arriving at the following settlement: Year Assessment Reduced Assessment Amount of Reduction 1991 $77,000 $57,750 $19,250 (25%) 1-992 $77,000 $57,750 $19,250 (25%) 1993 $77,000 $57,750 $19,250 (25%) 1994 $77,000 $57,750 $19,250 (25%) The above settlement was presented before the Board on November 16, 1994. Steve Silverberg( was directed to provide a copy of a lease to the Town of Mamaroneck Fire District for my review. The lease does not increase my estimate of the market value of the property of $1,000,000. I, therefore recommend the above settlement be approved. Greenwich Associates 1385 Boston Post Road Town of Mamaroneck Block 411, Lot 196.2 Assessment: $124,100 (1992) $134,100 (1993 & 1994) 9 April 19, 1995 This property is a two story masonry office building which was built in.1989 for the purpose of being sold as condominium office units. It contains 8,449 square feet on each floor for a total area of 16,898 square feet. Approximately one year after the building was completed, the property was taken back by the bank due to the lack of any sales of the units. The present owner of the property, Greenwich Associates occupies about 75% of the building and rents the remaining 25% to JMW Group Ltd. The lease to the JMW Group was examined and was found to be the market rent for the leased area. The area occupied by the owner was assigned a higher rent. The total income for the building was then capitalized into a full value. To this value the applicable State Equalization rates were applied for each year under appeal. The 1994 final rate had not been set, therefore the same assessment was agreed to for each year. Year Assessment Corrected Assessment Reduction 1992 $124,100 $70,000 $54,100 (44%) 1993 $134,100 $70,000 $64,100 (47%) 1994 $134,100 $70,000 $64,100 (47%) Indian Cove Condominiums Rushmore)re Avenue Village of Mamaroneck 929/5 :Lot 1 through 51-13 Total Assessment: $337,600 This property consists of 13 townhouse condominiums which were built in 1984. Seven of the units are waterfront and six are not. The average size of each unit is 2,125 square feet and each have one boat dock. The units have been well maintained and are in good condition. The economic, or fair rents were based on that received by investors within the project. Operating expenses were deducted from the gross estimated income resulting in a net annual income. This net income was capitalized into a value for tie entire project for each year under appeal. An appraisal was provided which indicated a reduction in assessments. The following changes were agreed to, subject to your approval: Year Assessment Reduced Assessment Amount 1992 $337,600 $236,300 $101,300 (30%) 1993 $337,600 $236,300 $101,300 (30%' 1994 $337,600 $236,300 $101,300 (30%) The Village of Mamaroneck has approved this settlement. La Vine Realty Company Mamaroneck Avenue, Village of Mamaroneck 816/70 Assessment: $100,000 Years under appeal: 1992, 1993, 1994 This property consists of approximately 41,000 square feet of land located on the west side of Mamaroneck Avenue in the Village of Mamaroneck. It is improved with a one and two story commercial building comprising of retail, office and storage space. The building was constructed in 1928 and recently remodeled. The gross area of the structure is 19,337 square feet of which 18,000 square feet is rentable. A review of the rent roll indicated the major tenants in the building are Calico Corners and Byron Electric Company, each occupying 6,000 square feet of space. The actual rents and expenses were analyzed and the estimated market rent was used to capitalize the net income into a full value for the property. This value was then applied to the State Equalization rate for each year under appeal resulting in the following reductions in assessments: Year Assessment Reduced Assessment Amount of Reduction 1992 $100,000 $65,700 $34,300 ( 34%) 10 April 19, 1995 1993 $100,000 $62,100 $37,900 (38%) 1994 $100,000 $63,000 $37,000 (37%)) M. F. Kathwari 2 Madison Avenue Block L33, Lot 602 Mamaroneck, New York Assessment: $152,000 Year under appeal: 1994 This property is located at the northwest corner of Madison Avenue and Myrtle Boulevard in the Town of Mamaroneck. The land is generally level, containing 16,963 square feet and is improved with a two story masonry office building. It was constructed in 1930 as a garage and warehouse and is now a converted office building. The building contains a total of 32,500 square feet and a rentable area of 29,600 square feet. The age of the structure causes the offices to be somewhat obsolete, however, the property has been well maintained and is in good physical condition. An appraisal of the property was provided by the owners which indicates a full value of $1,500,000. The following reduced assessment indicates an approximate value of $2,280,000. Year Assessment Reduced Assessment Amount 1994 $152,000 $114,000 $38,000 (25%) Wing Foot Golf Club Fenimore Road, Griffin Avenue & Old white Plains Road Town of Mamaroneck 347. Parcels 1/1 & 1/2 Block 344, Parcel 99 Assessment: $1,122,300 Years under appeal: 1992, 1993 & 1994 This property comprises 280 acres improved with two 18 hole Championship golf courses, a 40,000 square foot clubhouse built in 1924 and various ancillary improvements. A preliminary appraisal of this property was provided for the purpose of a settlement of the pending trial. The appraisal was based on a recent decision of the Nassau County Golf Course appeal which states that golf courses must be valued as golf courses for tax assessment purposes and not as vacant land available for subdivision. The appraisal indicated a reduction in the assessment of approximately 24% for each year under appeal. The following are the assessment reductions agreed to, subject to your approval: Year Assessment Reduced Assessment Amount 1992 $1,122,300 $ 985,000 $137,300 (12%) 1993 $1,122,300 $ 985,000 $137,300 (12%) 1994 $1,122,300 $ 985,000 $137,300 (12%) City & Suburban Federal Savings Bank 624 Fenimore Road Village of Mamaroneck Block 830, Lot 83 Assessment: $24,000 This property is located at the southwest corner of Fenimore Road and Center Avenue in the Village of Mamaroneck. The land has 75 feet of frontage on Fenimore Avenue and 125 feet on Center Avenue containing an area of 9,375 square feet. The site is improved with an old concrete block garage which has 5,700 square feet and is in poor condition. 11 April 19, 1995 The property was appraised at a full value of$270,000. The following settlement is based on a full value of$330,000. Year Assessment Reduced Assessment Amount 1993 $24,000 $16,300 $7,700 (32%) 1994 $24,000 $16,500 $7,500 (31%) The Village has approved this settlement. Harborview Condominium 680 West Boston Post Road Village of Mamaroneck Block 916, Parcels 1.1 through 1.61 Assessment: $456,050 t. This property is a 61 unit condominium complex located on the north side of West Boston Post Road and adjacent to the Town Center. The improvements were constructed in approximately 1984 and are in good condition. There are 11 studios, 361- bedroom and 14 2-bedroom apartments. Thirty of the units are rented by investors. The rents for these units were obtained and used to estimate the fair rents for the entire project. The financial statements of the condominium were reviewed and an expense statement was adopted. The net income was capitalized into a full value for each year under appeal resulting in the following assessment reductions; Year Assessment Reduced Assessment Reduction 1991 $460,050 $285,600 $174,450 (38%) 1992 $460,050 $297,000 $163,050 (35%) 1993 $460,050 $281,000 $179,050 (39%) 1994 $460,050 $285,000 $175,050 (38%) The Village of Mamaroneck has approved this settlement. 3. Set Public Hearings - Water District Bond Resolution - Amendment- Fire Lane Law - Amendment- Police Commission Ordinance Water District Bond In The Matter of an Increase and Improvement to Facilities of Water District 1 of the Town of Mamaroneck Westchester County, New York ORDER CALLING PUBLIC HEARING WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost relating to the increase and improvement of Water District No. 1 within said Town, consisting of he replacement of water tanks at various water district locations, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$615,000; and WHEREAS, said capital project, as proposed, has been determined to be a Type II Action pursuant to the regulations of he New York State Department of Environmental Conservation :promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; and 12 April 19, 1995 WHEREAS, it is now desired to call a public hearing on the suggestion of the increase and improvement of the facilities of water district no. 1 in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held at The Town Center, .n Mamaroneck, New York, in said Town, on the day of 1995, at o'clock_ PM, Prevailing time, on the question of the increase and improvement of the facilities of Water District No. 1 within the Town of Mamaroneck, Westchester County, New York in the manner described in the Preamble; hereof, and to hear all persons interested in the subject hereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in , the official newspaper of said Town, and also to cause a copy thereof be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days heretofore the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the following form: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of% Mamaroneck, Westchester County, New York, will meet at The Town C Center, in Mamaroneck, New York, in said Town, on the day 1995, at o'clock_.M., Prevailing me, for the purpose of conducting a public hearing upon a certain plan and report prepared in relation to the proposed increase and improvement of the facilities of Water District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the placement of water tanks at various water district locations, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $615,000. Said capital project, as proposed, has been determined to be Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state a type II Actions will not have a significant effect on the environment. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING 13 April 19, 1995 VOTING VOTING The Order was thereupon declared duly adopted. Amendment- Fire Lane Law On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously RESOLVED, that the Town Board does hereby set the date for public Hearing on the Amendment - Fire Lane Law May 3, 1995; and BE IT FURTHER, RESOLVED, that the Town Clerk be and hereby is authorized to publish the legal notice of Public Hearings in an official newspaper of the Town Amendment - Police Commission Ordinance On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby set the date for public Hearing on the Amendment to the Police Commission Ordinance for May 3, 1995; and BE IT FURTHER, RESOLVED, that the Town Clerk be and hereby is authorized to publish the legal notice of Public Hearings in an official newspaper of the Town 4. Authorization - Resolution for Detour Route -Weaver Street The Administrator said that the Department of Transportation would be replacing culverts on Weaver Street near the Larchmont Reservoir which will improve the drainage along Weaver Street. They have informed us that a portion of that road would have to be closed for approximately fourteen days commencing in July. The Board approval is necessary. On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the ensuing resolution was unanimously adopted: WHEREAS, the New York State Department of Transportation proposes to replace an existing 19.5' x 6' box culvert on Route 125 just south of the Bonnie Briar Country Club in Westchester County. WHEREAS, in conformance with Section 42 of the New York State Highway Law, the New York State Department of Transportation proposes to utilize 14 April 19, 1995 the following roads and streets as detours during the period of construction. Quaker Ridge Road between Route 125 and Pine Brook Boulevard. Pine Brook Boulevard between Quaker Ridge Road and Forest Avenue. Forest Avenue between Pine Brook Boulevard and Route 125. WHEREAS, the New York State Department of Transportation will provide traffic control devices when necessary to the above mentioned roads and streets to make them inadequate to handle additional detour traffic. NOW THEREFORE BE IT RESOLVED, that the Board of the Town of Mamaroneck does hereby authorize the New York State department of Transportation utilize the above mentioned roads and streets as detours during the period of construction. BE IT FURTHER RESOLVED, that the Town of Mamaroneck will continue to provide snow and ice control. This item was handled out of order at the beginning of the meeting 5. Roller Dome - In-line Skating - Hommocks Ice Rink Bill Zimmerman, Superintendent of Recreation reported that over the last four to five weeks, the Town Administrator and I have been meeting with a group of investors that wish to sponsor the establishment of an in-line hockey and roller rink at the Hommocks Ice Rink facility. He said that the Administrator had given the Board members the proposal that had been filed by the sponsors as a result of those various meetings. He said that we have made some additional changes to this latest version of the proposal and those changes are as follows: The Recreation Commission expressed.a concern over our ability to review the lease agreement on an annual basis to determine if the Town should continue with an in-line hockey program. Obviously the concern of the sponsor is that they are proposing an investment of over$200,000 in capital improvements to the rink and they would need to amortize those expenditures. Therefore the proposal has been amended to provide that during the first year of the lease agreement, the sponsor would provide the roller rink floor and should the Town decide at the end of one year to terminate the lease agreement, we would be responsible for reimbursing the sponsor an amount equal to a depreciated value of the flooring. The installation of the air conditioning would occur in the second year of the lease agreement and as with the flooring, should the Town decide between years two and five to terminate the lease. The Town would reimburse to the sponsor a depreciated value of the air conditioning equipment. The Administrator added that the sponsors wish to open the rink in the Summer of 1995 and therefore it is important that we move forward on the proposal. The Recreation Commission has approved the proposal and you will also find in the attachments a copy of the resolution that was adopted at their meeting on April 11, 1995. In reviewing this proposal, it is believed that it would be in the best interest of the Town to experiment with a roller rink at Hommocks. The Board may be aware that at this time, there are proposals to construct three new ice rinks in \Westchester County as well as to install a cover over the existing rink in the City of White Plains. Should any or all of these facilities come to fruition it will greatly increase the supply of available ice time which may be a detriment to the Hommocks Ice Rink. For that reason, we believe it is 15 April 19, 1995 important that we consider programs that will distinguish our facility from the others. Certainly a full year operation provides the type of programming that may be popular in Westchester. Therefore we are recommending to this Board that a resolution of intent be adopted that we be authorized to prepare a final lease agreement that would be reviewed with the Town Board at one of the next meetings. Following discussion, on motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby adopt a resolution of intent to move forward with the proposal to lease space to Rollerdome at the Hommocks Ice Rink providing that certain reports and prerequisites are met; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said letter of intent on behalf of the Town. 6. Salary Authorizations - Recreation - Police Department Recreation Department On motion made by Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, as provided for in the 1995 Town Budget, the Town Board does hereby authorize the payment of salary to the following: Lisa Matire, Life Guard, Hommocks Pool, $6/hour effective 4/7/95 Susan Aloise, Temporary Office Assistant, $6/hour effective 4/17/95. Police Department On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that the Town Board does hereby approve the salaries for the following: Peter Persaud, who is being hired at an annual rate of$32,165.00 beginning April 20, 1995, on a resignation- reinstatement basis from the Mount Vernon Police Department where he served as an officer for three years; and BE IT FURTHER, RESOLVED, that Anthony Saline be hereby promoted to the position of Detective at an annual rate of$56,815 effective June 1, 1995. ADJOURNMENT There being no further business,the Board adjourned into executive session to discuss pending litigation at 12:15 PM. Patricia A. DiCioccio, Town Clerk C:\MSOFFICE\WINWORD\Minutes\95MINF\04-19-95F.doc 16