HomeMy WebLinkAbout1996_01_17 Town Board Regular Minutes REVISED
TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING-Wednesday, January 17, 1996, Town Center Court Room- 8:15 PM
THE TOWN BOARD WILL CONVENE at 7:00 PM into a Work Session with the Recreation
Commission to discuss the Hommocks Pool.
CONVENE REGULAR MEETING
RECESS INTO WORK SESSION
CONVENE WORK SESSION
RECESS WORK SESSION
RECONVENE REGULAR MEETING
CALL TO ATTENTION-Location of Exits
PROCLAMATION-Retirement of Lt' Michael Nardelli
PRESENTATION- 1995 Annual Report of Coastal Zone Management Commission
PUBLIC HEARING-Plumbing Code Revision
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Business
AFFAIRS OF THE TOWN
1. Discussion of Planning Board Comments-Fence Law Amendment
2. Authorization- Occupancy Restraint Agreement -Westchester County
3. Authorization-Westchester Joint Water Works Capital Projects
4. Authorization - South East Consortium Agreement
5 Authorization -Use and Dissemination Agreement-New York State Division of
Criminal Justice
6. Authorization- Commence Litigation- Sarah Neuman Nursing Home
7. Authorization-Use of Voting Machines-Village of Mamaroneck and Village of
Larchmont
8. Report of Bids-Jet Sewer Cleaner
9. Statement of Canvass from November 7, 1995 General Elections
10. Settlement of Insurance Claims
11. Set Public Hearings- Amendment to Leaf Blower Ban
-Establish Moratorium-Adult Entertainment Businesses
12. Salary Authorization-Recreation
13. Settlement of Certiorari
APPROVAL OF MINUTES
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS'
REPORTS OF THE COUNCIL
Next regularly scheduled meetings-February 7, 1996
-February 21, 1996
Any physically handicapped person needing special assistance in order to attend the meeting
should call the Town Administrator's office at 381-7810.
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE
COMMISSIONERS HELD ON JANUARY 17, 1996 AT 8:15 PM IN
THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON
POST ROAD, MAMARONECK, NEW YORK, 10543
PRESENT:
Supervisor: Elaine Price
Councilman Paul A. Ryan
Councilwoman Valerie M. O'Keeffe
Councilman Barry Weprin
Councilwoman Phyllis Wittner
ALSO PRESENT:
Patricia DiCioccio, Town Clerk
Steven V. Altieri, Town Administrator
Stephen M. Silverberg, Town Attorney
CALL TO ORDER
The Supervisor called the meeting to order at 8:30 PM and pointed out the exits, thereafter
on motion made and seconded they convened as the Board of Fire Commissioners.
PROCLAMATION - Lt. Michael Nardelli
The Supervisor invited everyone.to join in wishing Lt..Nardelli good luck and much fun in
his retirement-she then read the following proclamation.
Proclamation
Lieutenant Michael Nardelli
Whereas, having served the Town of Mamaroneck as a police officer from 29 October
1970 to I April 1996; and
Whereas, having faithfully discharged his duties in the capacity of Patrolman, Detective,
Sergeant, Detective Sergeant and Lieutenant; and
Whereas, Lieutenant Nardelli has exemplified the finest tradition in police work; having
consistently demonstrated an outstanding work ethic, unwavering loyalty to the Town of
Mamaroneck and a standard of integrity and honor that has reflected well on the Town and
its Police Department; a standard that will not diminish in time or in the minds of all who
know him; and
Whereas, having been recognized for outstanding service on fifteen different occasions
as the recipient of department honor awards.
Now therefore be it
RESOLVED, that 1 , Elaine Price, Supervisor, and the members of the Council of the Town
of Mamaroneck hereby present this Proclamation to
LIEUTENANT MICHAEL NARDELLI
to honor and recognize his outstanding service provided to the people of the Town of
Mamaroneck and wish him and his family the very best as he begins this new phase of his
life. We thank him for the legacy he has left with us.
January 17, 1996
In witness whereof, I have set my hand and caused the seal of the Town of Mamaroneck to
be affixed this 17th day of January 1996.
PRESENTATION - 1995 Annual Report of Coastal Zone Management Commission
The Supervisor introduced Nancy Seligsohn, who was presenting the 9th Annual Report
annual report of the CZM.
Ms. Seligsohn outlined the following:
The ninth Annual Report covers the year October 1994 thru September 1995.
This document places the years efforts and achievements in the context of an
abbreviated history taken from previous Annual Reports in order to emphasize the
ongoing nature of many of the CZMC's projects- to provide the reader with
background information, and to emphasize the ongoing nature of the CZMC's
considerations.
The Referral Charts from 1991 thru 1995 have been included in this report.
Previous referrals (1986 - 199 1) can be found in the Seventh Annual Report or, of
course, in the Report for the year they were done.
There were 10 Consistency Referrals and 2 Advisory Opinions requested from the
TOM Building Dept.
5 referrals were from the TOM Planning Bd.
2 referrals from the VOL Planning Commission.
1 referral was from NY Energy Research & Devel. Authority for Con Edison.
1 referral from the Town Council
1 referral from the Village Board.
The highlight of the year was the approval by Secretary of State Alexander
Tredwell of our amended LWRP. Although that was actually done on November 3
and we received copies of the LWRP in Dec., the entire topic was discussed in this
Annual Report. We urge everyone to read this new document which brings the
1986 LWRP up-to-date, and is the text which is now in use.
There are changes made to the LWRP policies with which actions in the Town
and Village must be consistent. The TOM and VOL now have 40 coastal policies-
34 applicable State policies and 6 local policies. (There were 31 State and 5
local.) We urge you to look at all of the policies. The policies added are #7, 41, 42
and 43. one should definitely read Policies 11, 12, 13 and 14 which deal with
flooding and erosion.
THIS IS ESPECIALLY TRUE IN THE VILLAGE WHERE THERE IS NO EROSION
& SEDIMENT CONTROL LAW.)
Our old Policy 14A (BMPS) has been incorporated into Policy 37 and into some of
the flooding & erosion policies. Other policies, like Policy 36, have been expanded.
Thank you for this opportunity. The CZMC meets on the 4th Tues. of the month at
the Town Center: Conf. Room A. All are welcome.
The Supervisor and Board members thanked her and her commission members including
Councilwoman Wittner, a former member of CZMC.
PUBLIC HEARING - Plumbing Law Revision
The Town Attorney explained that Bill Jakubowski had called to advise him that several of
the plumbers have reviewed the local law and had suggested a modification to
paragraph 5a to include residential cooking appliances and gas supply piping, therefore he
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January 17, 1996
had made that modification, in addition to the elimination of licensing by the Town because
the County is now to become the licensing agency.
Thereafter on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the
public hearing was opened.
Supervisor Price asked if anyone wished to speak either in favor of or against the proposed
amendments.
Linda Harrington, a Town resident said that it seemed ludicrous to her to be charging
building department fees for the installation of items such as water heaters, dryers, etc.
Mr. Silverberg answered that these amendments were in line with state code, and that they
were implemented by recommendation of the Building Inspector. There then was a
lenghthy discussion of fees, inspections, items that would be subject to inspection, with
Mrs. Harrington registering her opposition to the fees.
On motion duly made and seconded the public hearing was closed.
Then, on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the
following local law was unanimously adopted.
TOWN OF MAMARONECK
LOCAL LAW NO. 1 - 1996
A Local Law Entitled
PLUMBING CODE
This Local Law shall be known and cited as "Local Law Regulating
the Administration and Enforcement of the Plumbing Code for the
Town of Mamaroneck, Outside of the Incorporated Villages
BE IN ENACTED, by the Town Board of the Town of Mamaroneck, as
follows:
SECTION ONE: PURPOSE
The purpose of this local law is to protect the health,
safety, and welfare of the residents of the Town of
Mamaroneck by providing for the licensing and regulation
of the plumbing trade.
SECTION TWO: REPEALED
Local Law#1 of 1987 is hereby repealed.
SECTION THREE: LICENSE REQUIRED
No person shall do any plumbing work on any premises in
the Town of Mamaroneck unless such person shall first be
duly licensed by the County of Westchester.
SECTION FOUR: DISPLAYING LICENSE
Any person, firm, or corporation doing plumbing work in
the Town of Mamaroneck shall exhibit his or its license
upon request to any officer of the Town, and shall, while
opening any highway for purposes incidental to such work
and while such highway is opened, display a sign at least
one (1)foot square, plainly marked, showing the number
of such license. No street or highway may be opened
without first complying with all regulations pertaining
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January 17, 1996
to street opening.
SECTION FIVE: PRIOR APPROVAL OF PLANS
A. Before any plumbing work including installation of
fuelloil and gas appliances and the installation or
removal of oil storage tanks is started or before
any additions or alterations are made to old work,
an application on regular printed forms properly
filled out in ink and signed by a licensed master
plumber shall be filed in the office of the
Building Inspector., together with plans and a
description in duplicate showing and describing the
proposed work, except that where only stoppages are
removed or leaks repaired or where plumbing
fixtures or residential cooking appliances are
replaced without altering or disturbing any gas
supply piping, drain, soil, waste, or vent pipe, no
application or permit will be required.
B. The plumbing plans shall consist of such floor
plans and sections as may be necessary to show
clearly all the work to be done including all
sewers, drains, soil, waste, and vent pipelines and
the location of fixtures and their traps and
connections. All plans shall be drawn to scale in
ink or may be the prints of such scale drawings.
C. No work shall commence until the plumbing plans and
specifications referred to in this section have
been approved in writing by the Building Inspector.
D. Modification of approved plans or of the work
described therein shall not be permitted unless
such changes have been previously approved in
writing by the Building Inspector, on written
application, signed by the owner or architect.
E. Approval of all plans expires six (6) months from
date of issuance of the permit unless work is in
progress. If work is not begun under approved
plans within that time, such plans shall again be
presented to the Building Inspector for
reconsideration.
SECTION SIX: FEES FOR INSTALLATION
The Town Board shall from time to time, by resolution,
fix fees for installation and inspection.
SECTION SEVEN: HOUSE SEWER INSPECTIONS
All house sewers between the building and the street line
shall be laid by a licensed plumber under the
specifications set forth. This work shall be inspected
once by the Inspector upon notification by the plumber
that the entire line is complete and ready for inspection.
SECTION EIGHT: PLASTIC and FIBER PIPE
Plastic pipe to be used in roof leaders, other storm
water pipes and underground drainage pipes f or ground
water may not be used until samples of plastic or fiber
pipe of strong and durable quality are submitted to the
Building Inspector for approval. only if approved may
they thereafter be used in and around structures as set
forth in plans submitted to the Building Inspector.
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January 17, 1996
SECTION NINE: NOTICE OF VIOLATIONS
A. Whenever a person violates any of the provisions of this
local law or whenever any person omits or refuses to
comply with the provisions of this law or deviates from
the approved plans and specifications for plumbing and
draining filed with the Inspector, the Building Inspector
shall serve notice of violation thereof upon the master
plumber doing the work and upon the owner or occupant of
the premises.
B. Such notice may be served personally or by mail
and, if by mail, may be addressed to such master
plumber at the address registered by him with the
Building Inspector and upon the owner or occupant
at the address given by him upon any application
made by him for the plumbing work in connection
with which the violation occurs; or, if no permit
is obtained, notice shall be served upon the owner
or occupant at the location of the work, but the
f ailure of the master plumber to register shall
relieve the Building Inspector from the requirement
of giving such notice to the master Plumber.
Unless the violation is removed within five (5)
days of ter the day of serving or the mailing of
such notice, exclusive of the day of serving or
mailing, then each day thereafter that such
violation continues shall be considered a separate
offense.
SECTION TEN: VIOLATIONS and PENALTIES
Any person who omits or refuses to comply with or
resists, willfully violates any of the provisions of this
local law, or who obstructs or hinders any inspector or
officer in the due performance of his duty hereunder,
shall be punishable for each conviction by a fine of not
less than Fifty ($50) Dollars nor more than Five Hundred
($500) Dollars, or by imprisonment in case of default in
payment of the fine, for a period not exceeding fifteen
(15) days. Each day the provisions of such law are
violated after due notice has been served upon the
offender in writing shall constitute a separate offense
and subject the offender to a like penalty. Such violation
shall also subject any person committing the same to a
penalty in the sum of One Thousand ($1, 000) Dollars,
recoverable in a civil action brought by or on behalf of the
Town of Mamaroneck. In addition, the Town may take whatever
additional actions in the nature of injunction or otherwise that is
otherwise provided for by law.
SECTION ELEVEN: SEVERABILITY
It any term, part, provision, section, subdivision, or
paragraph of this law shall be held unconstitutional,
invalid, or ineffective in whole or in part, such
determination shall not be deemed to invalidate the
remaining terms, parts, provisions, sections,
subdivisions, and paragraphs thereof.
SECTION TWELVE: EFFECTIVE DATE
This local law shall become effective immediately upon
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January 17, 1996
filing in the Office of the Secretary of State in
accordance with the Municipal Home Rule Law.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 9:25 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: Phyllis Wittner
1. Fire Claims:
Commissioner O'Keeffe presented fire claims for authorization of payment, thereafter on her
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
Abco Lock&Alarm $ 274.00
Staples 78.66
Staples 265.93
Town of Mamaroneck Professional 220.08
AT & T Wireless 242.52 `
Byram Mason Supply 227.70
Cleaning Systems -28.15
Coming Clinical Labs 298.15
Coming Clinical Labs 203.05
Coyne Textile Service 203.69
Dri-Chem 45.00
Excelsior Garage 7292.70
Excelsior Garage 8794.00
Giacomo Service Center 58.95
Grant's of Larchmont 189.50
Larchmont Auto Parts Dist., Inc. 16.14
Metrocom North 345.90
Printwear Plus 80.00
Rickert Lock& Safe Co. 50.00
Thomas K. Landau 1115.00
Thomas K. Landau 540.00
Valhar Chemical Corp. 244.95
William Premuroso 314.93
21,129.71
CAPITAL FUND
ABCO Lock &Alarm 69.00
RJ Bruno Roofing 805.00
Tartaglione Consulting 1996.00
TOTAL $ 2,870.00
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January 17, 1996
2. Transfer of Funds - Project#93-4
The Administrator requested authorization to appropriate surplus funds in the amount of
$6,200 from the Fire District and transfer to the Capital Fund for Project#93-4
(Reconstruction of Fire Hqts). This will adjust the Project budget in 1995.
On motion, seconded by Commissioner Ryan, it was unanimously:
RESOLVED, that this Commission hereby authorizes transfer of surplus
funds in the amount of$6,200 from the Fire District and transfer to the
Capital Fund for Project#93-4 (Reconstruction of Fire Hqts).
There being no further business to come before the Commission, on motion of
Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, the Commission
unanimously adjourned at 9:51 PM.
AFFAIRS OF THE TOWN
1. Discussion of Planning Board Comments - Fence Law Amendments
The Town Attorney said that at its meeting of January 10, 1996 the planning board
recommended an addition to the proposed fence law, to wit: the
Planning Board board recommends that the following sentence be added to the end of
paragraph 89-44(d) (2): no more than ten percent of the total length of a fence or wall
including gates, posts, capitals and pillars may have an ornamental or decorative feature
which which exceeds the height limitations set forth in section 89-44(d) (1) ".
It is the thought of the Planning Board that such a limitation will prevent "inventive"
property owners from trying to connect a series of gates and posts into a fence which
could then exceed the height limitations for the entire length of the fence.
There then was a discussion of the inclusion of the sentence, which everyone agreed
should be done.
2. Authorization -Occupancy Restraint Agreement-Westchester County
Mr. Altieri said that authorization was being requested to execute the attached agreement
regarding the enforcement of the occupancy restraint law, better known as the seat belt
law. He explained that under the terms of the agreement the Town will receive a maximum
of$2,000 for eligible expenses in connection with our enforcement activities, and that the
Town has participated in this program for the past several years. He added that subject to
final approval of the form of agreement by counsel, it is recommended that the Board
authorize the agreement.
On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby authorize the Occupancy Restraint Agreement with
the County of Westchester; and
BE IT FURTHER
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January 17, 1996
RESOLVED, that the Town Administrator is authorized execute
the agreement on behalf of the Town.
3. Authorization -Westchester Joint Water Works Capital Projects
Mr. Altieri explained that Westchester Joint Water Works (WJWW) is requesting
authorization for its 1996 capital improvement program that are divided into two categories;
joint projects and local projects. He said the joint projects are those that benefit all of the
communities in the WJWW which is pursuant to the original charter of the WJWW whereby
a formula for the apportionment of costs between the communities was established and that
the Town's share is 22.8%. He explained futher that local projects are those proposed for
each individual community and if approved,-'are funded by the community.
The Administrator outlined the proposed projects as follows: both the local and joint
projects total cost to the Townwill be$289,000, and that the projects could be financed
through existing funds.and he recommended that the projects be authorized.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck does
hereby authorize the following projects by Westchester Joint Water
Works:
CATEGORY OF PROJECT ESTIMATED COST Joint
Projects
Transmission System Improvements - $ 16,000
96-J.1 41611 Valves,
Town of Mamaroneck
96-J.4 Ridge Road 6" Main
Local Projects
Distribution System Improvements 11
96-2.1 Ridge Road 6" Main 38,000
96-2.3 Holly Place 8" Main 235,000
Total Approval Sought $289,000
4. Southeast Consortium Agreement
Authorization is requested to execute the agreement between the Town and the Southeast
Consortium, which is a group of nine communities in the County that came together some
years ago to offer recreation programming to physically and mentally disabled children and
adults. Member communities provide funding on a per capita basis for the operation of the
Consortium, the Town's funding to the Consortium for 1996 is $13,340 and the funds are
appropriated in the 1996 Budget.
The Consortium offers a variety of programs including a summer camp at sites in Flint Park
and in the Village of Scarsdale. The Consortium provides a very special type of recreation
progranuning that would be expensive for any individual community to provide. As
aconsortium however, the programming has become affordable to the population served.
The programming has become even more important with the recent adoption of the
Americans with Disabilities Act. Subject to the approval of the form of agreement by
counsel, it is recommended
that the Board authorize the agreement.
After brief discussion, on motion of Councilman Ryan, seconded by Councilman Weprin, it
was unanimously,
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January 17, 1996
On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby authorize the payment of funds in the amount of
$13,340 for 1996 to Southeast Consortium, and
BE IT FURTHER
RESOLVED, that the Town Administrator is authorized execute
the agreement on behalf of the Town.
5 Authorization - Use and Dissemination Agreement- New York State Division
of Criminal Justice
The Administrator said that authorization was necessary to execute an agreement which
governs access to DCJS criminal history files, by our Police Department and sets forth
the permissible use of arrest and case dispositional information.
On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck does
hereby authorize USE & DISSEMINATION AGREEMENT between NEW
YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES and
Mamaroneck Town Police Department Pursuant to Executive Law
§837(6) and §837(8-a), the New York State Division of Criminal
Justice Services'(DCJS) and the Mamaroneck Town Police
Department.
6. Sarah Newman Nursing Home
Mr. Silverberg requested the Board adopt a resolution authorizing the Town Attorney's
office to take all steps necessary to bring a foreclosure proceeding with respect to tax
liens on the Sarah Newman property.
On motion of Councilman Ryan, seconded by Councilwoman Wittner, the following was
unanimously adopted:
WHEREAS, SRN Corporation is the owner of property located at
845 Palmer Avenue, Mamaroneck, New York, Block 905, Parcel 54, and
presently tax'liens outstanding on said
WHEREAS there are r
P Y 9
property in the amount of$406,795.60,
WHEREAS, all informal attempts at collection of the
outstanding monies have been unsuccessful, it is
RESOLVED that the Town Board hereby authorizes the Town
Attorney to undertake all proceedings necessary to collect the
outstanding liens including the commencement of foreclosure action
or any other litigation required for full collection of such liens.
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January 17, 1996
7. Authorization - Use of Voting Machines
This item was held over to the next meeting at the request of the Town Clerk
8. Report of Bids - Jet Sewer Cleaner-Contract#TA-95-2
The Administrator reported that on Wednesday, January 3, the Town publicly opened and
read bids to furnish and deliver one High Pressure Sewer Jet Cleaner and the Town
received one bid from Advanced Equipment Inc. of Medford, N.Y.who bid amount was
$54,995.00, which is in line with our estimates for a demonstrator jet cleaner.
He commented that the purchase will be financed in part through a $35,000 grant awarded
to the Town from the New York State Department of Environmental Conservation and
funds appropriated in a 1995 Capital Project Account for Highway Department Equipment.
He recommended that the Board award Contract#TA-95-2 to the lowest responsible
bidder, Advanced Equipment Inc. for$54,995. Further it is requested that authorization be
granted to the Town Administrator to execute a contract with Advanced Equipment to
fumish the sewer jet cleaner.
On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby award the bid for Contract TA-95-2, to Advanced
Equipment Inc. in the amount of$54,995 for the purchase of a
sewer jet cleaner; and
BE IT FURTHER
RESOLVED, that the Town Administrator is authorized execute
the agreement on behalf of the Town.
9. Statement of Canvass - General Elections
The Town Clerk filed for the record a copy of the Statement of Canvass and Decision of
Canvass for the November 7, 1995 General Election as it applies to the Town Elections
held November 1995.
10. Settlement of Insurane Claim
The Administrator reguested authorization to settle a claim with Coris Ins Co, in regard to
damages incurred by Betty Cole, who car was hit by a payloader driven by a highway
employee, the claim was settled by the insurance company and the $1,000 represents the
Tcwn's share of a deductible in the claim.
On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was
unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby authorize the payment of claim made by Betty Cole,
In the amount of$1000.
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January 17, 1996
11. Set Date for Public Hearings -Amendment to the Leaf Blower Ban
- Establish Moratorium -Adult Entertainment Business
On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby set the date for public hearing on the Leaf Blower
Ban for February 7, 1996;and
BE IT FURTHER,
RESOLVED, that the Town Board does hereby set the date for
public hearing on the Moratorium on Adult Entertainment
Business for February 7, 1996; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Clerk to
publish and post a notice of said hearings in an officially
designated newspaper.
12. Salary Authorization - Recreation
On motion of Councilman Weprin, seconded by Councilwoman Wittner, it was unanimously,
RESOLVED, that the as provided for fin the 1996 Town Budget,
the Town Board authorizes the payment of salary to the
following:
Dean Reben, Pool Manager, $13.00/hour, effective retroactive
01103/96.
Darrin Sides, Pool Manager, $10.50/hour, effective retroactive
01103/96.
Jessica Kellogg, Alternate Key Attendant, $6.00 1hour, effective
retroactive 01/03/96.
Ying Li, Alternate Key Attendant, $6-00/ hour, effective
retroactive 01/03/96.
Christine Vaughan, Alternate Life Guard, $6.25/hour, effective
retroactive 01/03/96.
Joseph Isidori, Alternate Life Guard, $6.75/hour, effective
retroactive 01/03/96.
Elizabeth Chandler, Alternate Life Guard, $6.75 1hour, effective
retroactive 01103/96.
Aisling Smyth, Alternate Llfe Guard, $6.25 1hour, effective
retroactive 01103196.
Rebecca Eller, Alternate Life Guard, $7.00 1hour, effective
retroactive 01103196.
Kieran Hughes, Alternate Life Guard, $6.75/hour, effective
retroactive 01/03/96.
Added item
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January 17, 1996
13. Settlement of Certiorari
Mr. Altied explained that George Derderian, our Consultant in Certiorari matters had made
recommendation for settlements in pending suits, and that the Board's approval was now
requested.
Following discussion, on motion of Councilman Weprin, seconded by Councilwoman
O'Keeffe, it was unanimously,
RESOLVED that the Town Board does authorize the settlement of
Certiorari for:
Anthony D'Agostino, 138 Larchmont Avenue, Larchmont
1. Assessment: $74,000 Years: 1994 8 1.995
First Fidelity Bankcorporation A/K/ A
Larchmont Federal Savings Bank -
1938-1946 Palmer Avenue, Larchmont
2. Assessment: $80,000 Years: 1993, 1994 8 1995
2065 Boston Post Road, Larchmont
3. Assessment: $143,800 Years: 1993, 1994 8 1995
Windward Realty Company, 100-102,Mamaroneck Avenue, Village Mamaroneck
4. Assessment: $54,000 Years: 1991 through 1995,
Elkind Properties, Inc. 105 Boston Post Road, Village of Mamaroneck
(McDonald's)
5. Assessment: $82,000 Years: 1992 through 1995
Ten Grand, Inc., 1324 Boston Post Road, Town of Mamaroneck
6. Assessment: $482,300 (total)Years: 1992 8 1993
Metropolis Westchester Lanes, 2444 Boston Post Road, Town Mamaroneck
7. Assessment: $220,0,00 Years: 1989 through 1995
Leonard Quitman, 641-643 Center Avenue, Village of MaZo
8. Assessment: $58,400 Years: 1993, 1994 8 1995
D'Agostino, Anthony
138 Larchmont Avenue, Village of Larchmont
Block 613, Lot 68.1
Assessment: $74,000
Years under review: 1994 81995
This property is located at the southeast corner of Larchmont
Avenue and Gilder Street in the Village of Larchmont. The site
has 80 feet of frontage on Larchmont Avenue, 102 feet on Gilder
street and contains approximately 8,350 square feet. It is
improved with a one and part two story retail/office building
constructed in 1950 and remodled and added to (second floor) in
1987. The building is in average condition.
The first floor contains an area of 5,354 square feet of which
2,988 square feet is owner occupied. The second floor is modern
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January 17, 1996
offices containing a rentable area of 2,389 square feet. A rent
roll and income and expense statement was provided for the years
under appeal. The actual rents and expenses were considered to
be fair and at market. The owner occupied area was assigned a
market rent(based on comparable space) and the net income was
capitalized into values resulting in the following:
Year Assessment Reduced to Amount of Reduction
1994 $74,000 $521000 $22,000 (30%)
1995 $74,000 $52,000 $22,000 (30%)
An appraisal of the property was provided by the owner which
showed a reduction in the assessment of$30,000, or 40%.
There has not been an appeal filed in the Village.
The loss in taxes to the Town from this settlement is $570
First Fidelity Bancorporation F/K/A
Peoples Westchester Savings Bank F/K/A
Larchmont Federal Savings & Loan Association
1938-1946 Palmer Avenue, Larchmont, NY
Assessment: $80,000 Block 602, Lot 63
Years Under Appeal: 1993, 1994& 1995
This property is located at the intersection of Palmer and
Larchmont Avenues in the Village of Larchmont. The land is
irregular in shape with 138.41 feet of frontage on the east
side of Palmer Avenue, 60.54 feet on the west side of Larchmont
Avenue and contains an area of approximately 6,91.5 square feet.
The improvements consist of a one-story masonry building
which was built in 1937 and is in average condition. The first
floor is utilized as a bank and the basement is finished with
wood panelled walls, sheetrock ceilings and is used as a meeting
room for the bank. There is no on-site parking or a drive-up
window to the building. The area of the building is 6,050 sq. ft.
An appraisal of the property was provided by the owners of
the property which estimated the market value of the property
at$825,000. 1 reviewed the appraisal and found that the sales
and rentals used in estimating the value of the property took
place in the late 1970's, or at the peek of the real estate
market. This resulted in a slightly inflated conclusion at
$825,000.The proposed settlements reflect a market value of
approximately $1,000,000. or$170 per sq. ft.
Year Assessment Reduced to Amount of Reduction
1993 $80,000 $50,000 $3u,OUO (37%)
1994 $80,000 $50,000 $30,000 (37%)
1995 $80,000 $50,000 $3U,000 (37%)
The loss in taxes to the Town is approximately $1,000
The Village of Larchmont has approved this settlement
First Fidelity Bancorporation F/K/A
Larchmont Federal Savings & Loan Association
2065 Boston Post Road, Larchmont, NY
Assessment: $143,800 Block 706, Lot I
Years Under Appeal: 1993, 1994 & 1995
This property is located on the east side of Boston Post
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January 17, 1996
:Road between Monroe Avenue and Thompson Place. The land has
151 feet of frontage on Boston Post Road, 106 feet on the
north side of Monroe Avenue, 91 feet on the south side of
Thompson Place, containing an area of 17,500 square feet.
The site is improved with a modern two-story brick bank
and office building. The building has a total area of 6,366
square feet which has been well maintained and is in very good
condition. The present assessment of$143,800 reflects a full
market value of$2,876,000 or$451 per square foot.1 made an
appraisal of the property which indicated a value of$1,200,000
or$190 per square foot. The following settlement indicates
a reduction in the assessment to $80,000 which reflects a market
value of$1,600,000 or $250 per square foot.
Year Assessment Reduced to Amount of Reduction
1993 $143,800 $80,000 $63,800 (44%)
1994 $143,800 $80,000 $63,800 (44%)
1995 $143,800 $80;000 $63,800 (44%)
The loss in taxes to the Town is approximately$2,400
The Village of Larchmont has approved this settlement
Windward Realty C-ompany
100 - 102 Mamaroneck Avenue, Village of Mamaroneck
Block 913, Lot 227
Assessment: $54,000
Years under appeal: 1991 through 1995
This property is located at the corner of Mamaroneck
Avenue and Boston Post Road. The site has approximately 80
feet of frontage on the west side of Mamaroneck Avenue with
an average depth of 90 feet and contains-an area of 5,550 feet.
The land is almost entirely covered by a former bank building
which has been converted into offices. The building was
constructed about 1920 of brick and concrete block and is in
fair condition. The floor plan is poor and the converted offices
are small and dark due to the lack of modern windows.
Income and expense statements were provided for each of the
years under appeal. There has been a constant decline in the
income since the 1991 year due to vacancies and reduced rents.
There is no parking available on the site, therefore the
tenants must pay to park in addition to their office rent.
A capitalization of the net income from the property resulted
in the following assessment reductions:
Year Assessment Reduced to Amount of reduction
1991 $54,000 $37,200 $16,800 (31%)
1992 $54,000 $38,700 $15,300 (28%)
1993 $54,000 $36,750 $17,250 (32%)
1994 $54,000 $36,750 $17,250 (32%)
1995 $54,000 $36,600 $17,400 (32.2%)
The Village has approved this settlement.
The loss in taxes to the Town caused by this reduction is
approximately $925
Elkind Properties, Inc.
McDonald's
1205 Boston Post Road, Village of Mamaroneck
Block 928, Lot 221
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January 17, 1996
Assessment: $82,000
Years under appeal: 1992,.1993, 1994 8: 1995
This property is located at the east side of Boston Post
Road and old Boston Post Road in'the Village of Mamaroneck.
The land has approximately 300 feet of frontage, a depth of
100 feet and contains an area of 29,000 square feet. It is
improved with a McDonald's restaurant which was built in 1979
and 1991. The assessment was increased in 1992 to $82,000.
This assessment when equalized indicates a market value of the
_. property of$1,666,000. Because there are no comparable
properties that have sold in the area, it was necessary to
appraise the subject by using sales outside of Mamaroneck. Based
on a comparison of the sale of similar restaurants the value of
the subject was estimated at $1,100,000. This value was used in
the following settlements:
Year Assessment Reduced to Amount of Reduction
1992 $82,000 $57,400 $24,600 (30%)
1993 $82,000 $57,400 $24,600 (30%)
1994 $82,000 $57,400 $24,600 (30%)
1995 $82,000 $57,400 $24,600 (30%)
This settlement results in a loss of taxes to the Town of$1,200
The Village assessment is not under appeal.
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January 17, 1996
Ten Grand, Inc.
1324 Boston Post Road, Town of Mamaroneck
Block 410, Lots 463,310 & 321
Assessment: $450,000, @17,000 & $15,300 Total of$482,300
Years under appeal: 1992& 1993
This property is known as the Ferndale Shopping Center
and is located at the southwest comer of Boston Post Road
and Femdale Street. Lots 310 and 321 are vacant and are on
the west side of Femdale Street. The main parcel of land
contains 457 feet on the west side of Boston Post Road, an
average depth of approximately 350 feet and an area of 3.5
acres. The improvements consist of a masonry shopping center
containing 54,679 square feet in the years under appeal. The
major tenants are First National Supermarkets, CVS and
Tung Hoy Restaurant. The owner has provided a copy of all
the leases along with the actual expenses for the years under
review. The income and expenses were compared to that of similar
properties and found to be at market. The net income from the
property was then capitalized and the following settlement was
negotiated:
Year Assessment Reduced to Amount of Reduction
1992 $482,300(t) $332,700 $117,300 (24%)
1993 $482,300 $335,700 $114,300 (23%)
In 1994 the center was increased in.size to 70,400 square
feet and new leases were drawn for higher rents. No reductions
in the assessment for the 1994 and .1995.years have been agreed to.
The above reductions result in a loss in taxes to the Town of
approximately $28,500
Metropolis Westchester Lanes
2444 Boston Post Road, Town of Mamaroneck
Block 503, Lot 137
Assessment: $220,000 (1989 - 1992) $250,000 (1993 to present)
Years under appeal: 1989, 1990, 1991, 1992, 1993, 1994 & 1995
This property is located on the west side of Boston Post
Road, across from Dillon Road and at the border of New Rochelle.
The land has approximately 300 feet of frontage and contains
3.62 acres. The improvement is a one story masonry structure which
was constructed as a bowling facility and converted into retail
stores in 1993. The tenants are CVS, Staples, Kinney Shoes and
Nature's Warehouse.
Income and expense statements were reviewed from 1988 to
present. The property as a bowling facility lost money from
1988 through 1992, the real estate taxes more than doubled the
income. In 1993 the stores were not fully completed as of the
p
taxable status date of June 1, therefore approximately 50% of the
new income was applied to the 1993 assesment. Based on the
capitalization of income the following settlement was negotiated:
Year Assessment Reduced to Amount of Reduction
1989 $220,000 $155,000 $65,000 (29.5%)
1990 $220,000 $150,000 $70,000 (31.8%)
1991 $220,000 $147,500 $72,500 (31.9%)
1992 $220,000 $150,000 $70,000 (31.8%)
1993 $250,000 $215,000 $35,000 (14%)
1994 $250,000 $250,000 -0- Dropped
1995 $250,000 $250,000 -0- Dropped
The loss in taxes to the Town amount to approximately$35,568
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I
January 17, 1996
Leonard Quitman, 641-643 Center Avenue, Village of Mamaroneck
Block 829, Lot 1 --
Assessment: $58,400
Years under appeal: 1993, 1994 $ 1995
This property is located at the southwest corner of Center and
Concord Avenues in the Village of Mamaroneck. The site is
irregular in shape with 78 feet of frontage on Center Avenue,
84 feet on Concord Avenue and contains approximately 12,000
square feet. The improvements consist of a concrete block, light
industrial garage which was built in 1954. The building is in fair/poo
condition and contains 11,539 square feet. Income and expenses were
provided by the owner and the property was compared with the sale
of similar properties in the Village. Based upon the Income and
the Market Data Approaches, the following settlement has been
agreed to:
Year Assessment Reduced to Amount of Reduction
1993 $58,400 $32,000 $26,400 (45%)
1994 $58,400 $32,000. $26,400 (45%)
1995 $58,400 $32,000 $26,400 (45%)
The Village of,Mamaroneck has approved a similar settlement.
The Viliage assessment was $49,000 and reduced to $32,000, or 35%
The loss in taxes to the Town is $1000.
ADJOURNMENT
The meeting was adjourned at 11:12 pm.
Patricia A. DiCioccio, Town Clerk
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