HomeMy WebLinkAbout1989_10_25 Town Board Regular Minutes 124
MINUTES OF THE REGULAR MEETING
OF THE TOWN BOARD AND BOARD OF
FIRE COMMISSIONERS OF THE TOWN OF
MAMARONECK, HELD ON THE 25TH DAY
OF OCTOBER 1989 IN THE COURT ROOM
OF THE TOWN CENTER, 740 WEST BOSTON
POST ROAD, NAMARONECK, NEW YORK
CONVENE REGULAR MEN=
The Regular Meeting of the Town Board was called to order by
Supervisor Battalia at 8:25 p.m. in the Court Ronan
Present were the following members of the Board:
Supervisor Dolores A. Battalia
Councilwoman Caroline Silverstone
Councilman Stephen C. Chapin
1 Councilwoman Elaine Price
Councilman John McGarr
1
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Paulette Gabbriellini, Assistant to
Town Administrator
Eric S. Zaidins, Counsel to the Town
Steven Silverberg, Counsel to the Zoning Board
Arthur Dallas, Police Commissioner
William McDermott, 1st Deputy Fire Chief
CALL TO ATTENTION
Supervisor Battalia pointed out to those assembled the locations of
exits as required by law for public gatherings.
II
PUBLIC HEARINGS - Boston Post Road/Weaver Street Urban Renewal
- Amendment-Flood Damage Prevention Law
- Installation of Stop Signs-Doris Road & Prince
Willow Lane and Doris Lane and Prince
1 Willow Lane
1 Supervisor Battalia asked for a motion to open the Public Hearing,
and on motion by Councilwoman Silverstone, seconded by Councilwoman
Price, it was unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Hearing.
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125
October 25, 1989
Supervisor Battalia called upon Counsel, Steven Silverberg, to
update. He noted that this is the last step of the proposed urban
renewal plan for this area, which began last March, and that on
March 1st the Town Board designated it for urban renewal and also
designated itself as lead agency, at which time the Board directed
its consultant to prepare a Draft Environmental Impact Study (DEIS)
1st"e State Environmental Quality Review Act. He stated
18th a DEIS was completed and accepted by the Board,
n lated it for public comment scheduled a Public
Hearing ch 28th, with the public comment period held open
hle of April. stated further that the Town Board
vall comments and directed that a Final Environmental
SFEIS) be prepared by its consultant, with an
nlic comment period allowed for comments on the FEIS,
al July 11th. Mr. Silverberg added that at the Town
ein July the Board reviewed the comments on FEIS and
nthat dealt with all factors as a result of the
s ved, the FEIS was then adopted with modification as
zto be implemented as a result of statutory
mthe Board referred this matter to the Planning
ed further that on September 12th an additional
h was held by the Planning Board on this proposal,
e in a unanimous recommendation by the Planning Board
o process of urban renewal and, he concluded, tonight
st public hearing required by statute for the Town to
nher or not to adopt the plan as amended.
the Supervisor called upon Mr. Schuster, the planning
consultant on this project. Mr. Schuster commented that the
background of this. project really began several years ago with
master plan studies undertaken by the Town in cooperation with the
Village of Larchmont, on the two major business areas in the
community. He stated that the second phase of the study dealt with
the entire length of the Post Road and examines conditions in terms
of land use, traffic and visual appearance of the entire area. He
stated further that they had recommended a number of changes in
land use as well as improvements in the design and appearance of
the Post Road along its entire length and, he added, in the eastern
end of the Post Road, the area in which the urban renewal project
is located, improvements to streets, landscaping and land-use
controls were recammendated as well as provisions to improve
traffic flow. He stated additionally that, upon request of the
Town Board, they examined more closely the intersection of Weaver
Street and the Post Road, and it was determined that, based upon
existing conditions, it was an area which met the criteria under
State law for designation as an urban renewal area. He went on to
say that an urban renewal plan was prepared which stipulated
land-use controls in the project area, and proposed one site as
suitable for acquisition, the site of the Larchmont Motel. He
noted that the public improvements recommended deal with
landscaping, tree planting in the area extending fraan the Village
of Mamamaroneck line west to the Village of Larchmont line, and
that the only change proposed to implement the land-use plan would
be to allow, in addition to business uses presently permitted along
the Post Road, residental uses in accordance with the Town's R-Th
District. He concluded that this would permit multi-resident uses,
only subject to more stringent control, so that height would be
limited to four stories and density would be about two-thirds of
that normally permitted in the district, making re-use of the motel
property for residential purposes appropriate.
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October 25, 1989
Supervisor Battalia then called on Police Cannissioner Dallas for
his statement. The Commissioner advised that since 1985, the
clientele residing at the Larchmont Motel have taken an amount of
calls-for-service and covert investigations grossly
disproportionate to all community police services combined. He
added that the most alarming aspect was the illegal narcotic
transactions being conducted on site, and that numerous and costly
criminal investigations have resulted in an onslaught of seizures,
arrests and convictions for the manufacture, sale and use of
various forms of narcotic contraband, as well as the possession of
dangerous weapons. He went on to say that what remains so
perplexing is the failure of law enforcement to abate the
relentless pursuit of these illegal and often violent activities
which are openly conducted in the center of Town, approximate to
one of our most populated schools, despite a continuance of
arrests, convictions, penalties, and news media coverage. He
emphasized that clearly, the probability of such activities is so
alarming that the files of narcotic traffickers resurrect virtually
overnight, following the culmination of each investigation, and
nothing is really new, only the combination of players seems to
change. He noted that so eager are these narcotics entrepreneurs
to gain a sales position that they often develop into significant
sources of police information themselves, and what also must be
factored into this malfunction condition is the history and
chartacter of those who are being busted at this inappropriate
housing facility.
The Commissioner noted that, without fear of contradiction, he can
state that the residents coming to local police attention have long
and serious histories of criminal offenses. He commented that in
March of last year, he reported an investigation resulting in the
arrest-for-crack-sale of a person who shared an arrest and
conviction pattern of 116 felonies, which included multiple
robberies, prositution, grand larceny, forgery, felonious assaults
on police officers, escape from prison, rape, burglaries, narcotics
sales, kidnapping and homicide. He mentioned that presently the
Town police have exhausted all resources that would be suitable for
undercover assignments and must now depend on the County, State and
Federal Drug Enforcement Administation Task Force, whose deployment
of personnel is equally constrained by matters of far more ominous
proportions. He mentioned also the human cost in the numbers of
children who call these halls of horror their homes, and he then
presented a list of 119 people arrested at the Motel, noting that
most cases were for the sale of crack. He asked that one consider
that in each case the police were acting on the authority of a
warrant obtained pursuant to policy of the District Attorney's
office that application be preceded by no less than 2 independent
sales, when in fact many cases involved 4 and 5 narcotic sales per
individual. Additionally, he stated that if the police have
knowledge of crack and money present at the Motel, it must follow
that desperate people also know that crack and money are present at
that site, and the significant difference between crack sales is
the lack of personal and oganizational discipline so frequently
associated with more sophisticated heroine and cocaine sale
operations.
The Commissioner reported that on most occasions authorities are
forced to break down doors and bust through windows with pipes and
sledge hammers, so the element of surprise can offer police same
protection against armed combat and prevent the destruction of
evidence, like crack found secreted in polaroid cameras, phony beer
cans and in diapers of sleeping infants. He spoke of one appalling
episode prior to the execution of a warrant when a three year old
informed police that his mother was in the base room, they assumed
the youngster meant bathroom, when in fact the child was correct
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October 25, 1989
since they had converted a bathroom into a freebasing roam or lab,
for the conversion of cocaine into crack, his moms base roam. The
Ccatumissioner concluded by stating that the design and organization
of this Community's Police Deparbnent is oriented by the needs of
Mamaroneck oneck Town, its people, schools, houses of worship, places of
recreation and business, and if radical innovations are not brought
to bear upon this motel site, present conditions will continue to
distress modest resources and serve to imperil residents and police
alike. His final conclusion noted the purpose of his address is to
offer the faithful endorsement of his office to the Councils'
recommendation for urban renewal in the vicinity of the Motel.
Supervisor Battalia thanked the Commissioner for his address and
also for making reference to the children who are forced to live
there and, she added, on the other side of the report is the number
of innocent families who have been housed there and who have
contacted the Town about the conditions they are forced to live and
exist under and their complaints about their fellow residents with
regard to these activities. She then asked if anyone wished to
address the Board in favor of adoption of the urban renewal plan.
Bob Novak of 13 Hammocks Road spoke in favor, noting that he also
owns the furniture store and bicycle shop on the corner. He
commented that they had never been robbed or had any difficulties
of any kind until roughly about the time he opened the bicycle
business, and that was about the time the state moved people into
the Motel. He added that since then he has had many problems and
has been robbed at least ten times. He noted that just last week
there was an incident and through excellent police work an
indiviudal was removed from his premises, but that they break in
through the roof, through windows, any which way they can, and have
thrown in burning newspapers. He concluded that since he also
lives on Hummocks Road, he is disturbed by the fact that narcotics
are sold, and further he feels the balance of this project in
greater scope will make the area more attractive, which is good for
business and the entire community, he is delighted and offers his
help if it is adopted.
The Supervisor asked if the Town Administrator wished to report on
the funding received from the County. The Administrator reported
that in 1987, the Town made application under the Urban County
Grant Program to obtain funds to implement some of the
recommendations in the master plan for the beautification of the
Boston Post Road and in 1990 the County will grant to the Town the
amount of $80,000 to be applied toward those improvements, which
include curb and sidewalks, signage and general appearance along
the Boston Post Road between Weaver Street and the Village of
Mamaroneck border. He noted that total cost of the project as
estimated at the time the master plan was prepared was $126,000,
and that the Town should receive these funds in Spring of 1990.
At this time, Roger Hotte of 709 Weaver Street, asked if after
financing of this project, the Town will still house homeless
families for five or ten years. The Supervisor responded that the
subject of the Hearing right now is the adoption of the Urban
Renewal Plan, but if he is asking whether the Town will be mandated
by the adoption of the Urban Renewal program to continue to accept
homeless families, the answer to his question is no.
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October 25, 1989
Ralph Engel of 6 Rockwood Drive, stated that he was there on behalf
of the Pine Brook Association, which is strongly in favor of
adoption of the Urban Renewal plan and acquisition of the Larchmont
Motel. He also questioned whether homeless would be removed by the
end of the year since most of the crime in this Town happens to be
committed by people living in this one particular place, not that
everyone living at the Motel is a criminal, but he understood that
part of the acquisition was to free the Motel by year end.
Supervisor Battalia responded that as part of the court
stipulation, the Town has the right to trigger a request of the
motel owner for the premises to be vacated by the time the Town
takes possession. He then asked if the Town intends to exercise
that right, to which the Supervisor responded that she could not
answer yes or no, since at this point those families would have to
be relocated, and the county is being given ample time to come up
with an interim plan, so far they have not been able to do so. She
added that about November 1st we will have to notify the motel
owner of how we will take the property.
Supervisor Battalia also emphasized that tonight's Hearing is not
about the Motel, but to allow the urban renewal plan to go forward.
It is a planning and lands document only, she explained, which
could and most likely will include acquisition of the motel to help
us control the destiny of that property, but what the residents of
the Town determine to do with that property will be the subject of
other hearings.
At this time, the Supervisor asked if anyone wished to address the
Board in opposition to the urban renewal adoption.
Irving Scharf commented that the Town should get together with the
County and try to place at least 30 homeless families, not in the
Motel but in co-op/condos, by offering tax incentives or rebates to
their owners or associations. He stated that he knows the
admissions committee for Mamaroneck Gardens would be happy to
accept at least three homeless families if they were granted
sufficient tax incentives, and they would have a screening
committee, so that they would not have to say to the homeless or to
anyone who has had some tough breaks "get out of our Town, we don't
like you."" He noted that on the other hand we don't want the
county to be sending us any criminals.
Supervisor Battalia informed Mr. Scharf that although she
appreciated his passion and his offer, he should be aware that
through the Town's Community Services Office, upward of 50 or more
families from the Motel have been placed in permanent housing, some
within the Town, with at least a dozen families who are personally
subsidizing rent of formally homeless families for wham they have
found permanent homes. She noted that both Larchmont Temple and
Larchmont Avenue Church have an adopt-a-family program and their
history of success is quite extraordinary.
Robert Miller of 25 Sherwood Drive asked whether, if the
acquisition of the Motel were not included in this urban renewal
plan, the Town would be promoting urban renewal in this particular
location, to which Supervisor Battalia responded yes, since the
grant application that went in initially was far in advance of
that.
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October 25, 1989
Dr. Selena Grissom, Chairperson of People Together, commented that
for the past three years they have worked with people from the
Larchmont Motel, trying to help them, and place then in decent
housing. She stated that although there have been people in the
Motel who have created problems, there have been other people who
have never created any and who have tried to be law=
abiding
citizens. She added that she was appalled to hear someone state
that they would not want their grandmother to live in a place with
homeless people, since everybody has a grandmother and these are
people. She added further that she thought this was a neighborly
and friendly community but if we are going to have that kind of
people to lead us then she questions this.
At this time, the Supervisor asked if anyone else wished to address
the urban renewal plan. There being no response, she then asked
for a motion to close the Public Hearing, and on motion by
Councilwoman Price, seconded by Councilman McGarr, the Public
Hearing was unanimously declared closed.
—Thereafter, on motion by Councilwoman-Silverstone, seconded by •
•
Councilman McGarr, the following resolution was unanimously • —
adopted:
WHEREAS,, the Town Board of the Town of Mamroneck submitted on July 4,
1989 a plan entitled "URBAN RENEWAL PLAN FOR THE-POST ROAD/WEAVER
STREET AREA" (the "Plan") dated February, 1989, to the Planning Board
of the Town of Mamaroneck which certified, after a public hearing held
on due notice that such plan complies with the provisions of §502(7) of
the General Municipal Law and conforms to §504 of the General Municipal
Law; and
•
WHEREAS, the said Planning Board after said public hearing, certified
its unqualified approval to the Plan by a majority vote; and
WHEREAS, it has been more than four weeks since the said Planning
Board's report was received by said Town Board;
NOW, THEREFORE BE IT
RESOLVED, that this Board hereby finds pursuant to §505 of the General
Municipal Law the following:
(a) The area designated in the Plan is a substandard or
insanitary area or is in danger of becoming a substandard or insanitary
area and tends to impair or arrest the sound growth and development of
the municipality.
(b) The financial aid to be provided to the municipality is
necessary to enable the project to be undertaken in accordance with the
plan
(c) The plan affords maximum opportunity to private enterprise,
consistent with the sound needs of the municipality as a whole, for the
undertaking of an urban renewal program.
(d) The plan conforms to a comprehensive community plan for the
development of the municipality as a whole.
(e) There is a feasible method for the relocation of families and •
individuals displaced from the urban renewal area into decent, safe and
Sanitary dwellings, which are or will be provided in the urban renewal
area or in other areas not generally less desirable in regard to public
utilities and public and commercial facilities, at rents or prices
within the financial means of such families or individuals, and
reasonably accessible to their places of employment.
BE IT FURTHER
RESOLVED, that this Board hereby approves the Plan entitled "URBAN
RENEWAL PLAN FOR THE POST ROAD/WEAVER STERET URBAN RENEWAL AREA" dated
• February, 1989, of the Town of Mamaroneck.
E - ..-..._ _. .,.
October 25, 1989 130
The Supervisor asked for a motion to open the Public Hearing on a
proposed amendment to the Flood Damage Prevention Law and on motion
by Councilman Chapin, seconded by Councilman McGarr, it was
unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Hearing.
Following explanation by the Town Administrator, the Supervisor
asked if anyone wished to address the Board in favor or in
opposition. There being no response, on motion by Councilwoman
Silverstone, seconded by Councilman McGarr, the Public Hearing was
unanimously declared closed.
Thereafter, on motion by Councilwoman Silverstone, seconded by
Councilman Chapin, the following resolution was unanimously
adopted:
WHEREAS, the Town Board of the
Town of Mamaroneck has held a
Public Hearing on Wednesday,
October 25, 1989 to consider
an amendment to Chapter 28 of
the Mamaroneck Town Code to
replace Section 3.2 (enacted
as part of Local Law No. 3-1988
Floor Damage Prevention) ;
N)W THEREFORE BE IT
RESOLVED, that Section 3.2 Basis
for Establishing the Areas of
Special Flood Hazard be amended
as follows: The areas of special
flood hazard have been identified
by the Federal Emergency Management
Agency in a scientific and
engineering report entitled "Flood
Insurance Study Town of Mamaroneck,
New York, Westchester County" dated
September 15, 1989 with Flood
Insurance Rate Maps enumerated on
Map Index No. 360917 001-005 dated
September 15, 1989.
At this time, Supervisor Battalia asked for a motion to open the
Public Hearing on the installation of STOP signs on Doris Road &
Prince Willow Lane and on Doris Lane & Prince Willow Lane. On
motion by Councilman Chapin, seconded by Councilman McGarr, it was
unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Hearing.
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October 25, 1989 131
The Administrator gave a brief update and explanation, noting that
the Traffic Committee had recommended the STOP signs. The
Supervisor then asked if anyone wished to address the Board either
in favor or in opposition to the proposed STOP signs. There being
not response, on motion by Councilman Chapin, seconded by
Councilwoman Price, the Public Hearing was unanimously declared
closed.
Thereafter, on motion by Councilman Chapin, seconded by
Councilwanan Price, the following resolution was unanimously
adopted:
WHEREAS, the Town Board of the
Town of Mamaroneck has held a
Public Hearing on Wednesday,
October 25, 1989 to consider an
amendment to Chapter 81 (Vehicle
and Traffic) of the Code of the
Town of Mamaroneck with respect
to erecting STOP signs at the
intersection of Doris Road and
Doris Lane and Prince Willows Lane;
IOW, THEREFORE BE IT
RESOLVED, that the following
intersections are hereby designated
pursuant to Section 1660(a) of the
_ Vehicle and Traffic Law as a estop
intersection" and stop signs shall
conform in all respects with the
provision of Sections 1682 and 1683
of the Vehicle and Traffic Law and
hereby ordered posted:
Add Section 81-6(71) on the southwest
corner at Doris Road at its
intersection with Prince Willows Lane.
Add Section 81-6(72) on the northeast
corner of Doris Lane at its
intersection with Prince Willows Lane.
This Local Law shall take effect
immediately upon compliance with
Section 1682 and 1683 of the Vehicle
and Traffic Law.
BOARD OF FIRE OOMMISSIONER.S
The Meeting was called to order by Commissioner Battalia at 9:45
p.m. in the Court Roan.
Present were the following members of the Commission:
Commissioner Dolores A. Battalia
Commissioner Caroline Silverstone
Commissioner Stephen C. Chapin
Commissioner Elaine Price
Commissioner John McGarr
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October 25, 1989 132
1. Commissioner McGarr presented fire claims for authorization of
payment and on his motion, seconded by Commissioner
Silverstone, 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:
Jackie Albert $ 164.00
ES00 65.00
ES00 25.00
Excelsior Garage & Machine Works, Inc. 136.69
Excelsior Garage & Machine Works, Inc. 2,860.05
Imperial Bag & Paper Co. 36.50
Larchmont Auto Parts Dist., Inc. 94.27
Mamaroneck Garage, Inc. 240.00
Motorola, Inc. 12.00
Motorola, Inc. 10.00
Portronix 247.90
Town of Mamaroneck Professional
Fire Fighters Association 110.04
Westchester Joint Water Works 12,412.50
$16,413.95
There being no further business to come before this Commission, on
motion by Commissioner Chapin, seconded by Commissioner Price, the
meeting was unanimously declared adjourned at 9:50 p.m.
PRESENTATIONS - Architectural Design-Larchmont Motel
- 1990 Tentative Budget
Robert Miller of WESTHAB briefly explained that this study was
requested by the Town and County in May of this year and went on to
say that its purpose was to clarify Town and County goals, prepare
inventory and analysis of the physical conditions at the site,
analyze financial feasibility of developing permanent housing, and
develop plans to renovate or expand and examine financing sources
to underwrite the cost. He commented that in June of this year,
they met with both the Town and County and reached some agreement
on the following goals of the study: to maximize the provision of
permanent housing; to provide housing for a mixed population,
including working families, especially municiapl employees and
volunteers, low income families who reside within the Town and
elderly and handicapped; to maximize affordability; to plan for a
density of 30 to 40 units of one and two bedrooms, to minimize
length of time the project would have to remain as transitional
housing in order to generate sufficient revenue to underwrite
acquisition and rehabilitation costs; to create an attractive and
PIOviable residential setting at the lowest cost possible.
Mr. Miller then presented the representative from the Architectural
and Engineering firm of Antonucci and Lawless of Yonkers who went
on to give an analysis of current physical conditions of the
existing site and structure, while presenting various plans for
creating aesthetically pleasing townhouses and landscaping. He
explained three separate options, one containing 27 units and the
others containing 35 units. Both men then fielded questions from
the Board and audience, and a great deal of discussion ensued.
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October 25, 1989
Supervisor Battalia announced that members of the audience may
receive a copy of the Feasibility Study by filling out a Freedom of
Information form in the Town Clerk's office, then read the Study
and have all their questions answered on November 1st. She also
gave a brief review of the situation of the Larchmont Motel over
past years and the problems that have been created there as well as
the various proposals for use of the site by the private sector.
At this time the Board treated Mr. Young's informal request for a
copy of the Feasibility Study as a Freedom of Information form and
Councilman Chapin personally offered his copy which Mr. Young
received.
A great deal of intense discussion ensued among the Board and
various residents, among which were Mr. Murphy, Mr. Miller and Mr.
Young of Larchmont, Mr. Schwartz, Mr. Peron and Mr. La Rocco of
Mamaroneck, Mrs. Rust of the Town and Mr. Bernstein.
Miriam Curnin, Mayor of Larchmont, commended the Board for their
creativity and inventiveness in coming up with any solution to a
problem with the County of Westchester as its source and noted that
on behalf of the Larchmont Village Board and residents, she
appreciates the fact that this Council is trying to address a
problem which has appeared to be intractable for many years. She
went on to say that obviously the solution will not be simple but
that anyone who has any experience with how this Council has
conducted itself over the years would not expect that they would
take the first plan offered. She added that, having just received
a copy tonight, yet unread, she has no comment on the contents of
the Study, but that she looks forward to commenting in the future.
She stated that she is confident she will be given the opportunity
by the Town to speak, knowing she will not be cut off since that is
not the mode of the Town Council anymore than it would be that of
the Village of Larchmont. She concluded that she felt if the
Council were being crafty, this subject would not be discussed at
all and that she knows it will not be closed and complete before
the election, but she also knows that it will be talked about
because this Board recognizes that this is not a problem whose
solution should be subject to the election and she commended the
Board for their bravery.
Avery lengthy discussion followed, with numerous questions being
fielded by the Board.
At this time, the Town Administrator presented the Tentative Budget
for 1990 as required by the State of New York, and explained that
this there will be a series of five public work sessions over the
coming weeks. He then gave a brief overview, after which, on
motion by Councilman McGarr, seconded by Councilman Chapin, it was
unanimously
I
RESOLVED, that this Town Board
does hereby acknowledge the
presentation of the Tentative
Budget and approves it as the
Preliminary Budget of this Town
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134
October 25, 1989
for the fiscal year beginning on
the first day of January 1990, the
itemized statement of estimated
revenues and expenditures hereto
attached and made a part of this
resolution;
and be it further
RESOLVED, that such Preliminary
Budget shall be filed in the
Office of the Town Clerk where it
shall be available for inspection
by any interested persons, at all
reasonable hours.
OVERVIEW
Below is a schedule of appropriations, required tax levies and
tax rates proposed for 1990.
Rinds Appropriations Tax Levy
Town Wide $ 4,204,880. $ 963,300.
Unincorporated Area
(including all funds
and districts) 8,750,950. 7,782,160.
$12,955,830. $8,745,360.
TAX RATES
Town Wide $5.60/thousand of assessed valuation
Unincorporated Area - -$110.05/thousand of assessed valuation
A comparison with 1988 indicates that the Town-Wide rate will
increase by $.50 and the rate for Unincorporated Area
residents will increase by $5.80.
APPROVAL OF MINUTES
The Minutes of the Regular Meeting of September 20, 1989 were
approved with one change by the Supervisor.
011 AFFAIRS OF THE TOWN
1. Appointment - Town Assessor
The Administrator explained that the term of Town Assessor had
expired on September 30th and Mr. Derderian had retired,
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135
October 25, 1989
necessitating the appointment of a new Assessor, who he
proceeded to introduce to the Board. Thereafter, on motion by
Councilman Chapin, seconded by Councilman McGarr, it was
unanimously
RESOLVED, that this Board hereby
appoints Ross J. Valenza of
Valley Cottage, New York to the
position of Town Assessor for a
term of six years, pursuant to
the Real Property Tax Law, at
an annual salary of $35,000 for
a period of three full days per
week, commencing October 1, 1989
and terminating on September 30,
1995.
2. Authorization - Consulting Agreement-Tax Certiorari
The Administrator reported that certioraris are constantly
filed and several tax appeals are going to trial, and
recommended that the Town Board retain Mr. Derderian as an
Appraiser. On motion by Councilwoman Silverstone, seconded by
Councilman McGarr, it was unanimously
RESOLVED, that this Board hereby
authorizes the Town Administrator
to enter into agreement with
George Derderian, MAI, to act
as 'Tom Appraiser in tax review
proceedings for a period of one
year at an annual fee of $25,000.
1 3. Appointment - Real Property Appraiser
Following explanation by the Administrator that the Town's
real property appraiser had successfully passed the required
examination, on motion by Councilman Chapin, seconded by
Councilwoman Silverstone, it was unanimously
RESOLVED, that this Board hereby
appoints Susan Bickerstaff to
the permanent position of Real
Property Appraiser, following
a twelve-week probationary
period, at her present salary.
4. Salary Authorization - Highway Department
- Recreation Department
Pursuant to explanation by the Town Administrator, on motion
by Councilwoman Silverstone, seconded by Councilman McGarr, it
was unanimously
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October 25, 1989 136
RESOLVED, that as provided for
in the 1989 Town Budget,
authorization is hereby granted
for the payment of salary to the
following:
Rob Lunde, Rink Installation, $13/hour, effective
10/23/89;
Timothy Codispoti, Rink Installation, $10/hour,
effective 10/23/89;
Bob Singletary, Rink Installation, $10/hour,
effective 10/23/89;
Al GUimares, Rink Installation, $10/hour
effective 10/23/89;
Roy Kievit, Alternate Lifeguard, Hammocks Pool,
$5/hour, effective retroactive to 10/16/89.
On motion by Councilwoman Silverstone, seconded by Councilman
McGarr, it was unanimously
RESOLVED, that this Board hereby
appoints Lawrence W. Tracy of
Mamaroneck Village to the
position of provisional laborer
at an annual salary of $18,200
effective October 24, 1989.
5. Bond Resolution - Highway Department Equipment
Following a brief explanation by the Administrator and sane
discussion by the Board, on motion by Councilman McGarr,
seconded by Councilwoman Price, the following resolution was
unanimously adopted, to-wit:
BOND RESOLUTION DATED OCTOBER 25, 1989.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $113,200 SERIAL BONDS
OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO
PAY THE COST OF THE PURCHASE OF EQUIPMENT FOR THE USE OF THE
HIGHWAY DEPARTMENT OF AND FOR SAID TOWN.
BE IT RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York as follows:
Section 1. For the class of objects or purposes of paying the
cost of the purcvhase of equipment for the use of the Highway
Department of and for the Town of Mamaroneck, Westchester
County, New York, there are hereby authorized to be issued
$113,200 serial bonds of said Town pursuant to the provisions
of the Local Finance Law.
13
October 25, 1989 -"
Section 2. It is hereby determined that the maximum estimated
cost of the aforesaid calss of objects or purposes is $113,200
and that the plan for the financing thereof shall consist of
the issuance of the $113,200 serial bonds of said Town
authorized to be issued pursuant to this bond resolution.
Further details concerning said bonds will be prescribed in a
further resolution or resolutions of this Town Board.
Section 3. It is h ereby determined ed that the period of
probable usefulness of the aforesaid class of objects or
purposes is five years, pursuant to subdivision 28 of
paragraph a of Section 11.00 of the Local Finance Law. It is
hereby further determined that the maximum maturity of the
serial bonds herein authorized will not exceed five years.
Section 4. Subject of the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, fora and
contents, and shall be sold in such manner, as may be
prescribed by said Supervisor, consistent with the provisions
of the Local Finance Law.
Section 5. The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged
to the payment of the principal of and interest on such
obligations as the same respectively become due and payable.
An annual appropriation shall be made in each year sufficient
to pay the principal of and interest on such obligations
becoming due and payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
iced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in The Daily Times, the official
newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call which resulted as follows:
Dolores Battalia VOTING Aye
Caroline Silverstone VOTING Aye
Stephen Chapin VOTING Aye
Elaine Price VOTING Aye
John McGarr VOTING Aye
The resolution was thereupon declared duly adopted.
14
October 25, 1989 138
6. Set Date for Public Hearing - Amendment to Noise Regulations
On motion by Councilwoman Silverstone, seconded by Councilman
Chapin, it was unanimously
RESOLVED, that this Board hereby
sets November 15, 1989 as the
date for a Public Hearing on a
proposed Amendment to the Noise
Regulation Law;
and be it further
RESOLVED, that the Town Clerk be,
and sher hereby is authorized to
publish in an official newspaper
of the Town of Mamaroneck, the
Notice of said Hearing as required
by law.
7. Authorization - Accept Bids-Leaf Composting
Pursuant to explanation by the Administrator that the Village
of Mamaroneck had notified the Town that they will not be able
to accept leaves for compost at the Taylors Lane Site, on
motion by Councilwoman Silverstone, seconded by Councilwoman
Price, it was unanimously
RESOLVED, that this Board hereby
authorizes the Town Administrator
to prepare specifications and
accept bids for the transportation
and disposal of collected leaves.
8. Resolution - Set Date for Special Town Board Meeting with
Recreation Commission-December 12, 1989
Following explanation by Supervisor Battalia, on motion by
Councilwoman Silverstone, seconded by Councilwoman Price, it
was unanimously
RESOLVED, that this Board hereby
sets Tuesday, December 12, 1989
as the date for a Special Meeting
of the Town Board and the Recreation
Department.
PROCLAMATION
i Supervisor Battelle spoke briefly about St. Clair Richard and
proclaimed the following in her honor:
15
139
October 25, 1989
--
____________
--------
PROCLAMATION
WHEREA$,
the 'awn nf Mamaroneck acknawlelest lhief
nutstanbing beb nn irati and cam_ me n
$T. CLAIR RICHARD tn our cammunitg an limn; and
WHEREA$, she has committer her life to a career in journalism
far aver half a centnrU; anb
mHEREA51 $1. CLAIR RICHAR11"01ps.weqnscientinusIg bebicateb
her life tn thei'proteFtibnaf the rights Cl all,
activel particzy itingAlp;',,the Westchester Cnuntg
g , . 4±,_
Village Offitials,Assact member nf the
Wamenis C1414garOm*/mama
ypneck Chambers
=, ',
Of Commerce;6an,,-'-',*, . tl
mums, since he‘FamenLas iliiinn! tit:Inliar alth
l;:
View Zews,c, shehd'S revitalize)) this
,. ==,
mane ifGeGfarum for lacal issues.
NOM, THEREFORE, BE It Rigqp,
ne
'thattll..e,mem members the Talon Caun0.l wish tn
III hannt:anb extent their beep appreciation tn
$T. CLAIR RICHARD
_, -, -- ,- -,
far her valuable service sheit4S1,trembereb ta
our aw
''' b
Tn; an à,
-:foi ,t1
BE IT FURTHERMORE RE$OLVED;!,94
,
that a cap af this resalutian he spreab an the
official recarIs of the Town of Mamaroneck anb a
mpg therenf he presenteb to $T. CLAIR RXCRARDJ.
Abnpteb lig the Tawn Cauncil al the Town ni
Mamarnne an this 25th bag at Octaber 1989.
=
* /,NOtk
----- '23_ .-----
•1 .44. , Supervisor Dalares A. Battalia
Z.:•;1 ,/' 5A.47, Town c of Mamaroneck
. • ' • ../ , =
..:74. ....1... ---et
I
16
140
October 25, 1989
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
There were no written or oral communications to come before the
Board at this time.
THE SUPERVISOR
No Report
REPORT'S OF THE COUNCIL
No Reports
The Administrator gave a brief update on the Hammocks Ice Rink
gav upda
project.
ADJOURNMENT
There being no further business to came before the Board, on motion
by Councilwoman Price, seconded by Councilman McGarr, the meeting
was unanimously declared adjourned into Executive Session to
discuss matters of personnel at 11:40 p.m.
it
Patricia A. DiCioccio
Town Clerk
17