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HomeMy WebLinkAbout1997_01_08 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, January 8, 1997-Town Center Court Room, 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into an Executive Session to discuss certioraris and In Rem Proceedings. CONVENE REGULAR MEETING CONVENE IN EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PUBLIC HEARING - Filming Law BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Report of Bids - Contract TA96-10-Aerial Tower Ladder 3. Other Business ORGANIZATIONAL MATTERS APPOINTMENTS OF: Board of Architectural Review Board of Ethics Civil Officers Traffic Committee Trustees- Police Pension Fund Treasurer- Police Pension Fund Town Historian Marriage Officer SUPERVISOR'S APPOINTMENT Deputy Supervisor DESIGNATION OF: Town Board Meetings Official Newspapers Depositories of Funds and Bank Signatures AFFAIRS OF THE TOWN 1. Authorization - 1997 Westchester Joint Water Works Capital Projects 2. Report of Bids- a) Cleaning of Police Uniforms b) Street Painting c) Police Uniforms d) Fuel Oil#2 3. Approval of Certioraris 4. Set Public Hearing -Amendment to the Town Environmental Quality Review Law 5. Designation of Delegate -Association of Town's Annual Meeting 6. Authorization - License Agreement-William Butcher and Antonia Schusta 7. Salary Authorization - Recreation ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings -January 22, 1997 - February 5, 1997 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. THE MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON WEDNESDAY, JANUARY 8, 1997 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK CONVENE EXECUTIVE SESSION 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 Executive Session was to discuss certiorari and In Rem proceedings. On motion duly made and seconded the Board adjourned at 8:15 PM to reconvene the regular meeting in the Court Room. 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 Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for public gatherings. PUBLIC HEARING - Filming Law On motion of Councilman Ryan, seconded by Councilwoman Wittner, the public hearing was opened. The Town Attorney explained that the purpose of this regulation was to facilitate filming for producers and others within the mass communication industries, including television, advertising, commercial photographers, without interrupting the lifestyles and day to day activities of our,residents. Supervisor Price asked if anyone wished to speak either in favor of or against the law. 1/08/97 Ernie Odiema questioned the fees to be charged, specifically if the $500 mentioned in the law was fixed or to be varied as the law seemed to imply. The Administrator and Attorney both replied; Mr. Altieri explaining that the fee would vary because there are certain circumstances where it becomes necessary to have our highway men put up barriers, our police detour traffic, and items like that. The Attorney concurred, saying that the activity is so diverse there would be no way to impose an overall fixed fee. Councilwoman O'Keeffe questioned the wording in section two, which provides for groups excluded from the law, which says: "school district events," questioning whether that meant if someone outside the district used the facility for a school event that it would incur a cost. The Board discussed that and other issues regarding the procedures, how news events would be handled, and that not-for- profit agencies would be exempt from such license fee. It was decided to change the wording by taking out "district." There being no further comments, on motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, it was unanimously RESOLVED, that the Town Board does hereby adopt the following Local Law as amended: LOCAL LAW NO. 1 - 1997 FILMING AND VIDEOTAPING SECTION ONE: Intent. It is the intent of the Town to facilitate, but not solicit, producers and others within the mass communications industries, including filming, television, advertising, and commercial photography, to make use of the Town and its environs as a setting for motion-picture films, television shows, commercials, and photographs, but only insofar as such use is at all times compatible, and does not unduly interfere, with the lifestyles and day-to-day activities of the Town's citizens and merchants. SECTION TWO: Definitions. For the purpose of this chapter, the following terms, phrases, and words and their derivations shall have the following meanings given herein: FILMING -The recording on film, videotape, or other medium of movies, commercials, documentaries, serials, shows, performances, or other similar events or activities, including still photography, but not to include the coverage of news, political, cultural, local sports, or school events. LICENSEE -Any person, firm, organization or business entity which has been licensed under the provision of this local law. PUBLIC PROPERTY- Any realty or personal property or interest therein owned by the Town of Mamaroneck, including all streets, parks and public places, lands, lands underwater, waterfront property, and every estate, interest and right, legal or equitable, therein. SECTION THREE: License Required. No person, firm, corporation, organization or business entity shall commence filming in the Town of Mamaroneck on public or private property, unless the filming to be conducted, maintained, or operated unless licensed in the manner prescribed herein. SECTION FOUR: Application for License: Issuance; Expiration. The license prescribed by this chapter shall be issued by the Town Administrator or his designated agent. Application shall be made on a form containing such information as may be determined by the Town Board, and shall be accompanied by the production schedule, schedule and description of all dangerous activities and use of explosives, and list of all vehicles and their license plate numbers to include both the applicant's vehicles and vehicles of the applicant's personnel. Each license shall expire on the date set forth on the license. Applications shall be filed in the Office of the Town Clerk 2 1/08/97 SECTION FIVE: Approval by Town Administrator. No license shall be issued until the application has been approved by the Town Administrator or his designated agent, subject to the following: A. In the approval of the application, the Town Administrator or his designated agent shall specifically fix the filming location or locations. B. In the approval of the application, the Town Administrator or his designated agent shall specifically fix the days and hours of filming. C. The Town Administrator or his designated agent may deny any application or limit any license which, in his judgment,would conflict with other scheduled events in the area of the filming location, would be detrimental to the community because of anticipated excessive noise, illumination, traffic disruption or other effect caused by the proposed filming, including but not limited to the use of explosives, or would unduly interfere for an extended period of time with the day-to-day activities of citizens, property owners, or merchants or would interfere with the public health, safety and welfare of the Town's citizens. D. Any change in the license holder's planned activities shall be submitted to the Town Administrator or his designated agent in advance of the change and approved or denied in the same manner as the original license application. SECTION SIX: License Fee. The fee to be paid shall be determined by the Town Administrator for each license, including a license for a portion of a day, as follows: A. License fee for use of public property. The minimum fee shall be five hundred dollars ($500.00) per day, and the maximum fee shall not exceed five thousand dollars ($5,000.00) per day. The Town Administrator, in determining the specific fee to be required, shall take into consideration the following factors which would denote a greater use of public property and therefore require higher fees: (1) Use of public parking spaces. (2) Use of vehicle travelways requiring the rerouting or directing of vehicular traffic. (3) Use of pedestrian travelways requiring the rerouting or directing of pedestrian traffic. (4) Use of public buildings. (5) Use of other public.areas during normal operating hours. (6) The size of the filming location. (7) The number of filming locations. (8) The number of hours the filming location or locations will be used. (9) Use or involvement of Town personnel. (10) Use or involvement Town equipment. (11) Use of explosives. (12) Dangerous activities. B. License fee for use of private property. The fee for filming on private property shall be one hundred fifty dollars ($150.00) per day. C. The Town of Mamaroneck and the Mamaroneck School District and not for profit community agencies operating within the Town shall be exempt from such license fee. D. In the event that a license issued pursuant to this chapter is suspended or revoked in accordance with the provisions of Section 7 of this chapter, the applicant shall not be entitled to a refund of any portion of the fee. SECTION SEVEN: Suspension or Revocation of License. A. The Town Administrator, on his own initiative or upon notice from any public official of the Town, is empowered to suspend or revoke, upon written notice, a license issued pursuant to this chapter for any of the following reasons: 3 1/08/97 (1) Violation by the licensee agents, employees, contractors or subcontractors of any law or ordinance or any rule or regulation of any agency of the-state, county or Town. (2) Licensee has permitted disorderly conduct or conduct detrimental to health and safety of others or permitted or allowed conduct constituting a breach of the public peace at the licensed location. (3)Abrogation of any agreement, written or oral, between the licensee and the Town Administrator or any other public official of the Town. B. Revocation of license pursuant to the above conditions shall bar such offender from applying for a new license within one (1) year from the date of revocation. SECTION EIGHT: Restrictions and Requirements. A. The licensee must give notice to residents of the proposed filming location in manner specified by the Town Administrator or his designated agent. B. Noise shall be limited in accordance with the provisions of the Town Code. C. Routing of traffic shall be subject to the same provisions as excavations in the Town Code. D. The filming shall be conducted so as not to interfere with access to fire lanes and fire hydrants. Equipment, materials, or obstructions shall not be placed within fifteen (15)feet of fire hydrants. Passageways leading to fire escapes, fire lanes, fire-fighting equipment shall be kept free of equipment, materials, or obstructions. Parking spaces for the handicapped shall be kept free of equipment, materials, or obstructions. E. A filming permit granted for private property shall confine such filming to that property. F. Applications for a filming permit must be submitted five (5) days prior to the first date of filming. G. Any additional costs.that are incurred by the Town by reason of the filming shall be borne by the licensee. Any requirement for the assignment of Town personnel shall be determined by the Town Administrator prior to the filming. SECTION NINE: Insurance and Bond. The license shall not be issued until the applicant shall furnish a policy of insurance in such amount as shall be fixed by the Town Administrator or his designated agent and, in any event, in an amount not less than one million dollars ($1,000,000.00) indemnifying and saving harmless the Town of Mamaroneck, its officers, agents, and employees from and against any claim, loss or damage resulting from the filming operations permitted under this license in the Town of Mamaroneck and for the payment of all damages for bodily injury or property damage which may be caused to any person by reason of the filming operations performed under the license and arising from any acts or omissions of the licensee, his agents, employees, contractors, or subcontractors. In addition, the applicant must produce certificates of insurance showing adequate liability insurance in the.applicant's name. Such certificates shall also be approved by the Town Attorney. Further, the Town Administrator or his designated agent may require the posting of a bond in an appropriate case to insure restoration of the filming location. SECTION TEN: Appeals. Any person aggrieved by the action of the Town Administrator or his designated agent in connection with the denial of an application for a filming license may take an appeal therefrom to the Committee for Review consisting of the Town Supervisor and one Town Board member. The Committee shall review such appeal and may reverse, modify, or affirm the action of the Town Administrator or his designated agent upon a finding that the action of the Town Administrator or his designated agent was arbitrary, capricious, or not supported by substantial evidence. 4 1/08/97 SECTION ELEVEN: Penalties for Offenses: Additional Remedies Any person, firm, or corporation who shall violate or fail, neglect or refuse to comply with any provision of this chapter or any rule or determination made thereunder, or who shall undertake filming in the Town of Mamaroneck without a license issued hereunder, shall, upon conviction thereof, be punished by a fine of not more than two hundred-fifty dollars ($250.00),.or by imprisonment for not more than fifteen (15) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separated offense. Said prosecution and/or conviction shall not be a bar to a civil action to recover a civil penalty in like amount, nor shall either be a bar to a civil action by the Town or an injured person for actual damages. SECTION TWELVE Enforcement. This chapter shall be enforced by the Police Department. SECTION THIRTEEN: 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 FOURTEEN: Gender. Whenever words of the masculine or feminine gender appear, they shall be deemed to both male and female persons. This construction shall apply to gender indicative suffixes or prefixes as well as to gender indicative words. Whenever the reference is to a corporation, board, body group, organization or other entity comprising of more than one person or to an assemblage of persons or to an inanimate object the reference shall be construed to be neuter in gender. SECTION FIFTEEN: Effective Date: This Local Law shall be effective when filed with the Secretary of State. APPLICATION FOR: Motion Picture/Television/Still Photography License No. This permit is issued to the applicant to film or televise or take still photographs on streets or property subject to the jurisdiction of the Town of Mamaroneck at the times and locations designated below. This permit must be in the possession of the applicant at all times while on location. For additional information call the Town Administrator's Office 914 381-7810. PLEASE PRINT DATE COMPANY ADDRESS PRODUCTION CONTACT PHONE # LOCATION(S) DATE(S) OF FILMING HOURS TYPE OF PRODUCTION (TITLE, CELEBRITIES) IF TV COMMERCIAL, NAME PRODUCT SCENE DESCRIPTION 5 1/08/97 EQUIPMENT GENERATOR # IN CAST AND CREW #OF VEHICLES DIRECTOR PRODUCTION MANAGER INSURANCE COMPANY SIGNATURE OF FILM REPRESENTATIVE AND TITLE Copies forwarded to: Police Dept. Fire Dept. Town Clerk Highway Dept. Parks & Recreation Is Insurance Certificate on file? Yes No Date: Signature of Representative of the Town License Fee: $ Location Fee: $ Total $ NOTICE: You have a right to appeal a denial of this application to the Committee of Review(Supervisor and one Town Board member.) Appeals should be delivered to the Office of the Town Clerk. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:29 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 Winner 1. Fire Claims: Commissioner 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: AAA Emergency Supply Co., Inc. 1319.85 AAA Emergency Supply Co., Inc. 499.10 Anthony's Delicatessen 140.00 AT 8 T Capital 110.18 Byram Mason & Bldg. Supply 206.70 Cleaning Systems 30.30 Coming Clinical Labs 196.75 Coming Clinical Labs 57.00 Corning Clinical Labs 57.00 Coming Clinical Labs 47.10 Dri-Chem Extinguisher Co. 42.00 Dri-Chem Extinguisher Co. 353.00 6 I 1/08/97 Gall's Inc. 244.67 Excelsior Garage & Machine Works, Inc. 3139.45 Giacomo Service Center, Inc. 497.40 Home Fair Camera 111.28 Home Fair Camera 6.31 Looseleaf Law Publications 15.48 National Standby Repair 596.00 Poland Spring 31.45 Printwear 109.76 Staples 285.72 Staples 255.20 Thomas K. Landau, MD 575.00 Westchester Joint Water Works 64.41 2. Report of Bids -Contract TA96-10 -Aerial Tower Ladder The Administrator reported that on Saturday January 4, they had met with the vendor that submitted the low bid for the aerial tower truck. The purpose of meeting him was to clarify several details of the bid submitted, which were satisfactorily answered, therefore he recommended that the bid be accepted. It was decided to hold this item over. There being no further business to come before the Commission, on motion of Commissioner O'Keeffe, seconded by Commissioner Wittner, the Commission unanimously adjourned at 9:05 PM. ORGANIZATIONAL MATTERS APPOINTMENTS TO: Board of Architectural Review RESOLVED, that Anthony Spagnola is hereby appointed a member of the Board of Architectural Review, to serve a term of office of three years, effective January 1, 1997 and terminating on December 31, 1999. BOARD OF ETHICS 2 Appointees RESOLVED, that Anna Reisman be, and she hereby is reappointed Chairman of the Board of Ethics for the year 1997; and BE IT FURTHER RESOLVED, that Martin Ronan is hereby appointed as a member of the Board of Ethics, to serve a term of office of one year, effective January 1, 1997 and terminating on December 31, 1997. CIVIL OFFICERS: One year term -3 Appointees 7 1/08/97 RESOLVED, that Jay Reynolds is hereby appointed as a Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 1997 and terminating on December 31, 1997; and BE IT FURTHER RESOLVED, that Joseph Mitchell is hereby appointed as a Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 1997 and terminating on December 31, 1997; and BE IT FURTHER RESOLVED, that Daniel Tutolo is hereby appointed as a Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 1997 and terminating on December 31, 1997. TRAFFIC COMMITTEE RESOLVED, that David Lobl is hereby reappointed as Chairman of the Traffic Committee of the Town of Mamaroneck to serve a,term of office for three years effective January 1, 1997 and terminating on December 31, 1999; and BE IT FURTHER RESOLVED, that Pincus Leitner is hereby reappointed as a member of the Traffic Committee of the Town of Mamaroneck to serve a term of office for three years effective January 1, 1997 and terminating on December 31, 1999; and BE IT FURTHER RESOLVED, that Frank Vozza is hereby reappointed as a member of the Traffic Committee of the Town of Mamaroneck to serve a tern of office for three years effective January 1, 1997 and terminating on December 31, 1999; and BE IT FURTHER RESOLVED that Brian Morris is hereby reappointed as a member of the Traffic Committee of the Town of Mamaroneck to serve a term of office for three years effective January 1, 1997 and terminating on December 31, 1999. TRUSTEES - POLICE PENSION FUND RESOLVED, that Supervisor Price and Councilman Ryan be, and they hereby are appointed Trustees of the Police Pension Fund of the Town of Mamaroneck for the year 1997; and BE IT FURTHER RESOLVED, that Carmine A. DeLuca be and he 8 1/08/97 is appointed Treasurer of the Police Pension Fund of the Town of Mamaroneck for the year 1997. TOWN HISTORIAN RESOLVED, that Paula Lippsett is hereby reappointed as Town Historian and shall serve as liaison to the Mamaroneck Historical Society and Larchmont Historical Society. DEPUTY SUPERVISOR ONE YEAR TERM - 1 APPOINTEE RESOLVED, that pursuant to the Supervisor's recommendation Paul A. Ryan be and he is hereby appointed Deputy Supervisor of the Town of Mamaroneck for the year 1997 to serve in the absence of the Supervisor. TOWN BOARD MEETINGS RESOLVED, that the regular meetings of the Town Board be held in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck at 8:15 PM on the first and third Wednesdays of each month except when only one meeting will be held in July and August said dates to be scheduled at a later time; and BE IT FURTHER RESOLVED, that said meetings, dates and places may be changed at the pleasure of the Board upon adequate notice being given. OFFICIAL NEWSPAPERS: RESOLVED, that The Daily Times and The Soundview News be, and they hereby are, designated the official newspapers of the Town of Mamaroneck for the purpose of publishing legal notices during 1997. DEPOSITORIES OF FUNDS: RESOLVED, that the following banks and trust companies are hereby designated as depositories for funds of the Town of Mamaroneck for the year 1997 to be continued in their present status: MBIA CLASS Investments, Armonk The Bank of New York County Trust Region The Chase Manhattan Bank, NA Fleet Bank, NA Hudson Valley Bank First Union Bank BANK SIGNATURES: RESOLVED, that all authority heretofore granted to withdraw funds from and to draw checks, drafts and other orders upon the Town of Mamaroneck accounts maintained at the 9 1/08/97 aforesaid banks hereby is rescinded and revoked and hereafter such withdrawals, checks, drafts and other orders shall be authorized when signed by signature or facsimile signature of the Town Supervisor or Deputy Supervisor and Comptroller, or Deputy Comptroller; and BE IT FURTHER RESOLVED, that all withdrawals, checks, drafts and other orders relative to the Community Services Discretionary Fund located at the Bank of New York shall be authorized when signed by the signatures of Kathie Kopa, Director of Community Services, and Stephen V. Altieri, Town Administrator AFFAIRS OF THE TOWN 1. Authorization - 1997 Westchester Joint Water Works Capital Projects Mr. Altieri said that the Board had received a communication from John Hock regarding the recommended capital improvements for 1997 and approval would be necessary by this Board. He said that the projects were for a 20" valve on Purchase Street, a pressure regulating station, 8" main on Barlow Lane in the City of Rye, 140' of 16" main under 1-95 at the Larchmont toll plaza, and a hyproclorination system at the Larchmont Plant. Following discussion the following were unanimously adopted, On motion of Councilman Ryan, seconded by Councilman Weprin, it was RESOLVED, that the Town Board does hereby approve the joint improvement project No-A-97-11 which will replace the 20" gate valve installed in 1937 with a 20" butterfly valve on Purchase Street, north side of Anderson Hill Road. This valve is required to isolate the 20" main and minimize the number of customers affected, during a main break north of Anderson Hill Road; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the joint improvement project No. 97-J.2 which will replace the pit located in the rear of 104 Corporate Park Drive with a new one, enlarged to allow the installation of a meter to monitor flow, and built with a vent ladder in accordance with current safety standards. The existing pressure regulating valve will also be replaced; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the joint improvement project No. 97-J.3 which will replace the valves and fittings at the Kenilworth Station to insure that the station remains safe and operational; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the joint improvement project No. 97-J.4 which will replace 210 feet of existing 6" cast iron main with 8" pipe to increase flow to the southerly portion of Barlow Lane and approximately 690 feet of 6" main on Brevoort Road; and 10 I 1/08/97 BE IT FURTHER, RESOLVED, that the Town Board does'hereby approve the joint improvement project No. 97-J.5 which will replace the existing 14" main parallel to the Pine Brook Drain crossing under 1-95, adjacent to the Larchmont Toll Plaza, with a 24" diameter sleeve to accept a new water main and that a 16" main be installed in the new sleeve to minimize the chances of a break creating a safety hazard and traffic problem on the Thruway; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the joint improvement project No. 97-J.6 which will replace the gaseous chlorine utilized to provide bacteriological disinfection of the water at the Larchmont Plant. This material is in liquid form, and poses much less of a threat to the public health in the event of an emergency such as a leak or a spill; and BE IT FURTHER, RESOLVED, that we do also hereby approve the expenditure for the above stated projects, the estimated cost totaling $337,000, of which the Town's share is not to exceed $70,400 without further notification and approval. Ayes: Weprin, O'Keeffe, Ryan, Wittner, Price Nays: None 2. Report of Bids- a) Cleaning of Police Uniforms b) Street Painting c) Police Uniforms d) Fuel Oil # The Town Administrator reported on the following bid openings: Cleaning of Police Uniforms was opened on January 3, 1997 On December 27, 1996, the Town publicly opened and read bids for the above referenced items. The above goods and services are purchased by the Town annually and funded in the Town budget. Fuel Oil This contract is to purchase heating oil for various Town facilities such as the Town Center, Hommocks Ice Rink and Parks building. The contract also includes the maintenance agreement for the oil burners in each of our facilities. The low bid was submitted by Lawrence Oil of Mamaroneck. The bid price for heating fuel was $1.035 per gallon. The price is subject to adjustment according to the "Daily Petroleum Prices" published in The Journal of Commerce. The cost for the oil burner service contract is $150 per unit per year. When compared with 1996 the bid price has increased about $.14. Prices for the oil burner service contract are unchanged. Street Painting Annually the Town repaints the double yellow lines, white shoulder lines and stop bars on the Towns streets. The contract would also cover repainting lines in Town parking lots when necessary. The low bid was submitted by M&S Striping of Mamaroneck. Prices bid for this contract are $.06 per lineal foot for refiectorized paint and $.03 per lineal foot for nonreflectorized paint. Our annual cost for this item is approximately $17,000. The unit prices bid are unchanged from 1996. Police Uniforms 11 1/08/97 The Town provides various clothing and equipment to its police officers by the collective bargaining agreement with the police union.. Bid specifications for this contract request pricing for pants, shirts,jackets, hats and sweaters. The unit price for a complete uniform issue is$414.00 which is unchanged from the 1996 price. The low bid was submitted by Valhar Chemical of Greenwich, CT. Cleaning of Police Uniforms Pursuant to the requirements of the collective bargaining agreement, the Town provides uniform maintenance services to police officers. Bids for this contract were received from three vendors and the low bid was submitted by Flamingo Cleaners of Larchmont. Vendors were asked to submit prices for a two year contract. Therefore the prices submitted for the cleaning of a police uniform (pants and shirt) are $5.10 in year I and $5.25 in year 2. On average the Town expends $15,000 per year for uniform maintenance. He then recommended that the Board award the above contracts to the low bidders, Thereafter, on motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby award the contract for Fuel Oil to the lowest responsible bidder, submitted by Lawrence Oil of Mamaroneck, said bid was for heating fuel at $1.035 per gallon; and BE IT FURTHER, RESOLVED, that the price is subject to adjustment according to the "Daily Petroleum Prices" published in The Journal of Commerce; and BE IT FURTHER, RESOLVED, The cost for the oil burner service contract is $150 per unit per year. said contract also includes a maintenance agreement for the oil burners in each of our facilities. Street Painting RESOLVED, that the Town Board does hereby award the contract for Street Painting to M&S Striping of Mamaroneck, the lowest bidder, at $.06 per lineal foot for reflectorized paint and $.03 per lineal foot for nonreflectorized paint, total yearly budgeted amount is $17,000. Police Uniforms RESOLVED, that the Town Board does hereby award the contract for Police Uniforms to Valhar Chemical of Greenwich, CT, who submitted lowest bid for a complete uniform issue at a unit price of$414.00 each, which includes pants, shirts,jackets, hats and sweaters. Cleaning of Police Uniforms RESOLVED, that the Town Board does hereby award the two year contract for the cleaning of Police Uniforms to Flamingo Cleaners of Larchmont, who submitted a bid of$5.10 in year one and $5.25 in year two, for the cleaning of a police uniform, (pants and shirt). 12 1/08/97 3. Approval of Certioraris The ensuing list was submitted to the Board by George Derderian, our consultant, who had negotiated the settlements subject to the approval of the Board. The Supervisor read each of the settlements outlining the impacts and reductions of each of the properties, reiterating that the State and County had failed to take action to reassess property values. She noted that for the Town to undertake reassessment alone would further impact our residents unfairly. The properties: M M Realty of Westchester Corp. 448 Mamaroneck Ave. V/Mamaroneck. Plaza sweets, Inc. 51"9-521 Waverly Ave. V/Mamaroneck. 875 Associates, 875 Mamaroneck Ave. V/Mamaroneck. Delvito Realty Company 628 Fayette Avenue V/Mamaroneck John Delvito &Sadie Delvito 615 Fenimore Road W Mamaroneck. 603 Fenimore Road Corp. 603 Fenimore Road V/Mamaroneck SLA Realty Palmer& Richbell Road Town &V/Mamaroneck Dance Cavise 273 Halstead Ave. V/Mamaroneck. Christa Caruso 270-272 Mamaroneck Ave. V/Mamaroneck. Burling-Plain Corp. 689 Mamaroneck Avenue V/Mamaroneck. Tomar Realty Co. 225 &307 Hoyt Ave. V/Mamaroneck. Mamaroneck Motel (Gilroy, Eckstein) 1023 W. Boston Post Rd. V/Mamaroneck. Nautilus Equities, Inc. 1240 Boston Post Road Town of Mamaroneck Larchmont Gables 1440-56 Boston Post Road Town of Mamaroneck Jack Santangelo 632 Fenimore Road V/Mamaroneck. Melron Amusement Corp. 1265 Boston Post Road Town of Mamaroneck Then, on motion of Councilman Ryan, seconded by Councilman Weprin, it was reluctantly, but unanimously, RESOLVED, that the Town Board does hereby authorize the following settlements of Certiorari: Melron Amusement Corporation 1265 Boston Post Road, Town of Mamaroneck Block 412 Lot 449 Assessment: $89,200 Years Under Appeal 1991 Through 1996 Year Assessment Reduced to Amount of Reduction 1991 $89,200 $66,200 $23,000 (25%) 1992 $89,200 $66,200 $23,000 (25%) 1993 $89,200 $66,200 $23,000 (25%) 1994 $89,200 $66,200 $23,000 (25%) 1995 $89,200 $66,200 $23,000 (25%) 1996 $89,200 $641200 $25,000 (28%) The loss in taxes to the Town is $16,000 This property is the present Nathan's Restaurant. The owners provided an appraisal of the prop which was based on t e capitalization of the lease in effect for all the years under appeal. The ap indicated reductions in the assessment of an average of 32%. The lease was also provided and reviewed for any increases based on sales or step-up clauses. It was found that the rent was not paid for the past year due to poor sales. The appraisal did not take this into consideration, howe following settlement was negotiated: Dance Cavise, Inc. 273 Halstead Avenue, Village of Mamaroneck Block 901 Lot 315 Assessment: $48,800 Years under appeal: 1995 13 1/08/97 Year Assessment Reduced to Amount of Reduction 1995 $48,800 $23,400 $25,400 (52%) The loss in taxes to the Town is $330 This property is located on the northwest side of Halstead Avenue in the Village of Mamaroneck. The land has 160 feet of frontage with an average depth of 125 feet and contains 16,000 square feet. The site is improved with and old (1927) masonry (8,000 sf) office building which is in fair condition. The property sold to the present owners on July 7, 1995 for$390,000. The price was compared to that of similar properties and found to be an arms-length transaction. Applying the last N.Y. State Equalization Rate of 4.95%to the sale price of$390,000 indicates the correct assessment to be $19,305. The above reduction in the assessment has been agreed to. The above settlement was approved at the June 19th Board meeting. The 1996 assessment on this property was not changed by the Assessor's office to conform to t above settlement. The Board is requested to approve the following: Year Assessment Reduced to Amount of Reduction 1996 $48,800 $23,400 $251400 (52%) Burling-Plain Corp 689 Mamaroneck Avenue, Village of Mamaroneck Block 822 Lot 409 Assessment: $77,800 Years Under Appeal: 1993 through 1996 Year Assessment Reduced to Amount of Reduction 1993 $77,800 $50,000 $27,800 (35%) 1994 $77,800 $50,000 $27,800 (35%) 1995 $77,800 $50,000 $27,800 (35%) 1996 $770,800 $43,500 $34,300 (44%) This property is located on the west side of Mamaroneck Avenue, 100 feet north of Sheldrake Place. it is a 10,000 square foot site improved with a 10,248 square foot masonry office building constructed in 1987. It is in good condition and partly owner occupied. In arriving at the value of the property, both the Sales Comparison and the Income Approaches were used. The following settlement has been agreed to subject to your approval: The_building at this time has vacant space. The owners under the law can not appeal the assessment until the year 2000, therefore they were willing to give up larger reductions for the years 1993-1995 for the 1996 assessment of$34,300 which reflects a market value of $85/sf. SLA Realty(Larchmont Acres) Palmer Avenue 8 Richbell Road, Village of Mamaroneck Block 408186 &4071252 & 918/70 Total Assessment: $450,000 Years Under Appeal 1992 through 1996 Year Assessment Reduced to Amount of Reduction 1992 $450,000 $340,000 $1101000 (24%) 1993 $450,000 $360,000 $ 90,000 (20%) 1994 $450,000 $390,000 $ 60,000 (13%) 1995 $450,000 $410,000 $ 40,000 (8%) 1996 $450,000 $410,000 $ 40,000 (8%) 14 1/08/97 The loss in taxes to the Town is approximately$16,000 The Village has agreed to their portion of this reduction This property is located at the comer of Palmer Avenue and Richbell Road. it consists of four 6 story brick apartment buildings constructed in.1938. There are a total of 192 rental units with 113 of the buildings failing in the Village of Mamaroneck. The owner of the property provided income and expense statements for each of the years under appeal. Each statement was reviewed and analyzed. The net income for each year was then capitalized into full value. The full values were then applied to that years New York State Equalization Rate resulting in the agreed upon assessments. Christa Caruso 270-272 Mamaroneck Avenue, Village of Mamaroneck X. Block 907, Lot 371 Assessment: $73,500 Years Under Appeal: 1993 through 1996 Year Assessment Reduced to Amount of Reduction 1993 $73,500 $381000 $351500 (48%) 1994 $73,500 $38,000 $35,500 (48%) 1995 $73,500 $38,000 $35,500 (48%) 1996 $73,500 $38,000 $359500 (48%) The Village has approved this settlement The loss in taxes to the Town is $10,000 This property is located at the corner of Mamaroneck and Palmer Avenues. The land has 5,400 square feet and is improved with a three story commercial building with two retail stores on the first floor and 10 ETPA controlled apartments on the upper levels. At the time of settlement the stores were vacant. Market rents were estimated for the stores by a comparison with other store rentals on Mamaroneck Avenue. The actual ETPA rents of the apartments were used in estimating a net income for the property. The net income was capitalized into a full value for the entire property. The full value was then multiplied by the State Equalization Rate for each year. A contract for sale for$700,000 was also reviewed and confirmed to be arms-length. $38,000 reflects a value of$760,000. Plaza Sweets, Inc. 519-521 Waverly Avenue, Village of Mamaroneck Block 825, Lots 247 & 255 Assessment: Total $79,800 Years under Appeal 1995 & 1996 Year Assessment Reduced to Amount of Reduction 1995 $79,800 $47,900 $31,900 (40%) 1996 $79,800 $47,900 $31,900 (40%) The Village has agreed to this settlement The loss in taxes to the Town is $800 This is a one-story masonry bakery building with 11,300 square feet located on the northwest side of Waverly Avenue. The land has a total frontage on Waverly of 125 feet and an average depth of 200 feet, containing an area of 19,750 sf. There is a lease on the property which the owners provided. An appraisal was also submitted indicating a present market value of$855,000. The present total assessment reflects a value of$1,500,000. The settlement assessment indicates a market value $977,000. M M Realty of Westchester Corp. 448 Mamaroneck Avenue, Village of Westchester Block 907, Lot 32 15 1/08/97 Assessment-'$33,000 Years under Review 1995 81996 Year Assessment Reduced to Amount of Reduction 1995 $33,000 $18,150 $14,850 (45%) 1996 $33,000 $18,150 $14,850 (45%) The Village is assessed at$36,200 and has agreed to reduce the assessment to $18,100. The loss in taxes to the Town is $400 This is a triangular shaped site at the comer of Mamaroneck Avenue and Mt. Pleasant Avenue. It contains 4,500 square feet and is improved with a one-story 896 foot travel agency store. The building is constructed of metal, has no basement and was originally constructed as a bank in 1981. There is no on site parking and there has been many vacant periods since Chase Bank moved. There is now a 10 year lease with Liberty Travel at an average rent of$30+1sf An appraisal was done by the Albert Valuation Company indicating a reduction in the assessment of 63%. The following has been negotiated: This is a one-story masonry bakery building with 11,300 square feet located on the northwest side of Waverly Avenue. The land has a total frontage on Waverly of 125 feet and an average depth of 200 feet, containing an area of 19,750 sf. There is a lease on the property which the owners provided. An appraisal was also submitted indicating a present market value of$855,000. The present total assessment reflects a value of$1,500,000. The settlement assessment indicates a market value $977,000. 875 Associates aka Weiner Properties 875 Mamaroneck Avenue, Village of Mamaroneck Block 821 Lots 490, 54.2 assessment: $181,600 Total Tears Under Review 1994, 1995 81996 Year Assessment Reduced to Amount of Reduction 1994 $181,600 $136,300 $45,300 (24%) 1995 $181,600 $130,600 $51,000 (28%) 1996 $181,600 $122,900 $58,700 (32%) The Village has agreed to this settlement The loss in taxes to the Town is $2,000 This property is on the east side of Mamaroneck Avenue at he corner of Nostrand Avenue. The land contains approximately 10,000+ square feet and is improved with a masonry office building with open parking under. The building was constructed 1987 and is in good condition. The rentable area consists 30,600 square feet. Some typical leases in the building were presented by the owner. The indicated unit price per square ft was applied to the vacant areas and the net income was capitalized into a full value which is reflected in the following reductions: Delvito Realty Company 628 Fayette Avenue, Village of Mamaroneck, Block 829, Lot 115 Assessment: $55,7000 Years Under Review 1993 Through 1996 This property is located on the east side of Fayette Avenue in the Village of Mamaroneck. It is a converted factory/Warehouse to an apartment and squash courts. The lease of the Squash Courts was requested and reviewed. The income and expenses from the entire 16 1/08/97 property was used in the capitalization I process. Based on negotiations with the attorney for the owners, the following was agreed to: Year Assessment Reduced to Amount of Reduction 1993 $55,700 $33,000 $22,700 (40%) 1994 $55,700 $33,000 $22,700 (40%) 1995 $55,700 $33,000 $22,700 (40%) 1996 $55,700 $33,000 $22,700 (40%) The Village has approved this settlement loss in taxes to the Town is $1,200 John Delvito 8 Sadie Delvito 615 Fenimore Road, Village of Mamaroneck Block 824 Lot 251 Assessment: $24,200 Years Under Appeal 1993 through 1996 The above property consists of Fenimore Road and Center Avenue. It has frontage on Fenimore and 125 feet on Center Avenue with an area of 11,000 square feet. The improvement consist of a (1910) office which is in fair to poor condition and adds little value to the land. The entire proper been appraised at$385,000 which reflects the following settlement: Year Assessment Reduced to Amount of Reduction 1993 $24,200 $18,500 $5,700 (23%) 1994 $24,200 $18,500 $5,700 (23%) 1995 $24,200 $18,500 $5,700 (23%) 1996 $24,200 $18,500 $5,700 (23%) The Village has approved this settlement at the same full value. The loss in taxes to the Town is $150 603 Fenimore Road Corp. 603 Fenimore Road, Village of Mamaroneck Block 824 Lot 141 Assessment: $45,700 Years Under Review 1993 Through 1996 This property is at the corner of Fenimore Road and Waverly Avenue. The land contains an area of approximately 10,000 square feet and is fully covered by a one story masonry warehouse. The tenant, Kimball Avenue Automotive, Inc. has just signed a lease at $54,000 1year. The lease was provided by the owner and reviewed. Based on the new lease, April 1,1996 the following agreement has been made: Year Assessment Reduced to Amount of Reduction 1993 $45,700 $28,000$17,700 (38%) 1994 $45,700 $28,000$17,700 (38%) 1995 $45,700 $281000 $17,700 (38%) 1996 $45,700 $28,000$17,700 (38%) The $28,000 assessment reflects a full value of$560,000 or$56/sf. The Village has approved this settlement based on the same value. The loss in taxes to the Town is $410 Mamaroneck Motel aka Gilroy/Eckstein 1023 Boston Post Road, Village of Mamaroneck Block 921, Lot 164 Assessment: $101,300 Years Under Appeal 1993 Through 1996 17 1/08/97 This property is located on the southeasterly side of Boston Post Road in the Village of Mamaroneck. The land has 186 feet of frontage and an average depth of 290 feet, containing an area of 48,125 square feet. The improvements consist of one and part two- story, 34 room motel, with a one bedroom apartment, a resident managers house and two small retail store. The buildings were constructed in 1951. The resident manger's house is situated at the rear of the site and has two bedrooms and was built in 1982. The income and expenses were provided for each of the years under appeal as well as copies of the income tax returns for the same years. Two appraisals of the property were also provided which conclude the 1994 value at approximately the same value of $900,000. The following assessment reductions have been negotiated at a final full market value of$1,250,000. Year Assessment Reduced toAmount of Reduction 1993 $101,300 $62,500 $38,800 (38%) 1994 $101,300 $62,500 $38,800 (38%) 1995 $101,300 $62,500 $38,800 (38%) 1996 $101,300 $62,500 $38,800 (38%) The Village has approved this settlement The loss in taxes to the Town is $2,000 Nautilus Equities aka Nautilus Diner 240 W. Boston Post Road, Town of Mamaroneck Block 408, Lot 110 & Block 918, Lot 123 Assessment: $97,400 Years Under Appeal 1993 Through 1996 This property is located at the northwest corner of West Boston Post Road and Richbell Road. it total land area of 1.62 acres which is improved with a large diner. The present indicates a marke of approximately $2,000,000 The property was purchased in March, 1992 for a total price of$2,0 which included the business, fixtures and furniture. closing statement of the sale was provided b owners as well as a copy of the NY State form stating that the value of the real estate was $1,050 and the balance in furniture, fixtures and leasehold improvements. The value reflected in the ,fol reduction in assessment is $1,753,000. Year Assessment Reduced to Amount of Reduction 1993 $97,400 $87,650 $9,750 (1.0%) ,1994 $97,400 $87,650 $9,750 (10%) 1995 $97,400 $87,650 $9,750 (10%) 1996 $97,400 $87,650 $9,750 (10%) Loss in taxes to the Town is $5,000 Larchmont Gables Apartment Corporation 1440-56 Boston Post Road, Town of Mamaroneck Blo Lot 453 Assessment: $120,000 Years Under Appeal 1992 Through 1996 This property is located at the southwest corner of Boston Post and Alden Roads just north of the Village of Larchmont. The site has 300 feet of frontage on Boston Post Road and contains 1.0 acres. The improvements consist of 49 apartments and a "separate garage that were built in 1927. The condition of the improvements are considered to be average. An appraisal was 'provided by the owners indicating a reduction of 20% in the assessment. The following settlement was based on an analysis of the income and expense statement provided by the owners: 18 1/08/97 Year Assessment Reduced to Amount of Reduction 1992 $120,000 $103,200 $16,800 (14%) 1993 $120,000 $103,200 $16,800 (14%) 1994 $120,000 $103,200 $16,800 (14%) 1995 $120,000 $103,200 $16,800 (14%) 1996 $120,000 $103,200 $16,800(14%) The loss in taxes to the Town is $13,800 Jack Santangelo 632 Fenimore Road, Village of Mamaroneck Block 830, Lot 103 Assessment: $17,500 Years Under Appeal 1994 Through 1996 This is a small store located on the south side of Fenimore Road and 98 feet east of Fayette Ave The land has 43 feet of frontage and an average depth of 130 feet containing an area of 5,600 sq feet. The store was built in 1942 and is one-story with a basement. It is in good condition considering the age. It contains 2,144 square feet. The property sold in January 1994 for$255,000 and the following,reductions in the assess was based on the sale price and a comparison of the sale of other stores in the area. Year Assessment Reduced to Amount of Reduction 1994 $17,500 $13,000 $4,500 (25%) 1995 $17,500 $13,000 $4,500 (25%) 1996 $17,500 $13,000 $4,500 (25%) The Village has agreed to this settlement. The loss in taxes to the Town is $175 Tomar Realty Co. (Selectro) This item was held over 4. Set Public Hearing -Amendment to the Town Environmental Quality Review Law RESOLVED, that the Town Board does hereby set the date for public hearing for January 1997, at 8:00 PM or as soon thereafter as possible; and BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the Town Clerk to publish the notice of public hearing in an official Town newspaper. 5. Designation of Delegate -Association of Town's Annual Meeting The Board members discussed-which of them were available to attend this annual event. Councilwoman Wittner volunteered, and then on motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, 19 I 1/08/97 RESOLVED, that the Town Board does hereby authorize Councilwoman Phyllis Winner to attend The 1997 Training School 8 Association of Town's Meeting to be held at the New York Hilton Hotel in New York City on February 16-19, 1997; and BE IT FURTHER, RESOLVED, that she is hereby designated to vote at the general session on behalf of the Town. 6. Authorization - License Agreement-William Butcher and Antonia Schusta The Administrator explained that in the past, there has been a concern with private property constructed within the Town's right-of way on State Highways, the law specifically gives the Town the authority to prohibit walls, shrubs, and other similar structures from being placed in the right-of-way. In addition, the Town has been part of legal actions resulting from accidents caused by a structure in the right-of-way. The Town has been sensitive to the impact upon residents and found an effective way to address this matter by, rather than have the resident remove the structure, we have established license agreements that clarify the residents responsibility for the structure, which includes a provision that holds the Town harmless from any claim that may arise. He said that he had given the Board members a proposed license agreement between the Town and the above referenced residents at Oakdale Road, noting that the residents need to repair and restore the retaining wall in front of their home. The wall has been there for some time and is located at the edge of the roadway in the right-of-way. Counsel has reviewed the agreement and it is recommended that the Board authorize its execution. On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby authorize the License Agreement with William Butcher and Antonia Schusta, Oakdale Road; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby designated to execute said agreement on behalf of the Town. 7. Salary Authorization - Recreation Cynthia Orts, Swim Instructor, Hommocks Pool, $16.50 1hour effective 111197 Erin Webler, Assistant Instruction, Youth Hockey, $6.25 1hour effective 12/17196 Jennifer Monahan, Alternate Skate Guard, Hommocks Ice Rink, $6.00 1hour, eff. 116197 Bob Lunde, Assistant Manager, Hommocks Rink, $9.00 1hour, effective 1/2/97 Jessica Kellogg, Office Aide, Recreation Department, $7.00/hour, effective 1/2/97 ORAL COMMUNICATIONS Ernie Odierna asked about garbage pickups, fixing a light near Carl's restaurant, and wished everyone a Happy.New Year. WRITTEN COMMUNICATIONS None ADJOURNMENT Supervisor announced that the next regularly scheduled meetings would be held on January 22, 1997,and February 5, 1997, then on motion made and seconded the meeting was adjourned. 20 1/08/97 Patricia A. DiCiocclo, Town Clerk C:IMSOFFICEIWINWORD IMin197minfl01-08x.doc 21 I