Loading...
HomeMy WebLinkAbout1959_04_01 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 1st, 1959, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE- HOUSE, WEAVER STREET, TOWN OF M.AMARONECK. CALL TO ORDER -- The Supervisor called the meeting to order at 8015 p.m. PRESENT. Supervisor Burchell Councilman Brush Councilman Kane Councilman Waterman Councilman Santoro ABSENT. None ALSO PRESENT. Mr, Gronberg - Town Clerk Mr, Delius - Town Attorney Mr, Friedlander - Town Engineer Mr, Orsino - Comptroller Mrs, Brewer - Deputy Clerk APPROVAL OF MINUTES On motion duly made and seconded, the minutes of the regular meeting of March 4th, 1959 were approved as corrected. MEMORANDUM--(Condition of property located on Post Road between Alden Road and Winthrop Street) Upon the Clerk's advice of the presence of a delegation of residents supporting a memorandum, addressed to the Town Board by Joseph W. Moran of 18 Copley Road under date of March 30th and received too late for in- clusion on the agenda, the Board, by common consent, agreed to take up the consideration of this communica- tion as the first order of business. The memorandum, a copy of which had been forwarded to each member of the Board, protested the dangerous condition of certain property located on the Post Road between Alden Road and Winthrop Street resulting from the excavation operations carried on by the owner of the property during the past two years and requested the Board to act immediately to correct this condition and prevent recurrence elsewhere by adopting a new or- dinance containing provisions as suggested therein, The Supervisor then inquired whether anyone present eE had any further information to present to the Board or wished to be heard on this matter, Whereupon, Mr, Richard E. O'Keefe of 25 Alden Road, Town, addressed the Board speaking on behalf of the group present. He emphasized the extreme danger of the hazardous condition now existing on the property and urgently requested the Board to take action atonce to correct this situation before the occurrence of a dire accident or fatality. He also recommended that the Board earnestly consider the adoption of a new ordi- nance containing provisions along the lines of those set forth in Mr. Moran's memorandum so as to eliminate this hazard and preclude the possibility of the recur- rence of such a situation in the future. Following discussion of this matter during which the Attorney addressed several questions to Mr. O'Keefe in connection with the erection of fencing such as pro- posed in the memorandum, the matter was referred to the Attorney for study and report, REPORT ON LAND AUCTION The Supervisor reported on the sale of certain Town- owned property known as Block 129 - Parcel 401 on the Tax Assessment Map of the Town of Mamaroneck at the Land Auction held immediately preceding this meeting. He stated that the property was sold to the only bidder for the sum of $100,00 and requested the Board's ap- proval of the sale if this were the Board's pleasure, Whereupon, on motion by Councilman Kane, seconded by Councilman Brush, the following resolution was adopted unanimously; WHEREAS the Town of Mamaroneck, through the - institution of actions in the County Court of West- chester County, pursuant to Article VII-A, Title 3 of the Tax Law, has become and now is the ow- ner of a parcel of real estate situate in the unin- corporated area of the Town of Mamaroneck; and WHEREAS the Town of Mamaroneck advertised for bids and held a public auction on April 1, 1959 and received bids on this parcel of real estate now owned by the Town of Mamaroneck; and WHEREAS since the receipt of this bid, this Board has given careful consideration thereto, and after due deliberation, it is RESOLVED that the bid hereinafter listed be ac- cepted at the price and terms therein set forth. BID ACCEPTED Assessed Sales Block Parcel Purchaser Value Price Terms 129 401 Elsie J. Wormser $100. 00 $100. 00 Cash FURTHER RESOLVED that the Supervisor is authorized and directed to execute and de- liver the deed to this parcel in accordance with the terms and contract of sale, and the Town Attorney is authorized to take all steps necessary to complete the sales transfer of this parcel. OLD BUSINESS a. Report on request of Roland H. Kenton to purchase Town- owned property - (Block 105, Parcels 124 and 597) In connection with this request which was presented at the last meeting of the Board, the Supervisor reported that the Assessor had submitted $1, 500, 00 as a fair price for the property, calling to the Board's attention that Parcel #124 included a part of a paper streetknown as Locust Ridge Road. The Board was unanimous in feeling, after some discus- sion of this matter, that the Town should retain the prop- erty at this time since it borders the County-owned lands the Town is desirous of acquiring for park purposes and the Supervisor was directed to thank Mr. Kenton for his offer informing him of the BoarWs decision and the rea- son for this decision at present. b. Request for erection of fence--Leonard J. Reich, 90 East Brookside Drive In connection with this request which was presented at the last meeting of the Board, the Clerk reported that he had notified four adjoining property owners of the request and presented replies from three objecting to the erection of the proposed fence together with a petition signed by two of those notified and four additional neighboring property owners filed in protest to this proposed erection of a 6-foot fence. The Supervisor noting that Mr. Reich was present asked him whether he wished to be heard and Mr. Reich advised the Board that he had applied for permission to erect a 6-foot fence in order to eliminate any danger to the chil- dren in the neighborhood which might occur from the in- stallation of a swimming pool on his property. In discussing the matter, the Board stated that although sympathetic to Mr. Reich's desire to eliminate any danger to the children, in view of the strenuous objections ex- pressed, the application would have to be denied. A sug- gestion was made that the erection of a 4-foot fence as permitted under the Code be considered as this would of- fer some protection to the children, at least to the smaller ones. The Supervisor then asked Mr. Reich whether under the circumstances he wished to withdraw his applica- tion. Mr. Reich stated that he did not as he wished the record to show its denial if that were the pleasure of the Board. Whereupon, on motion by Councilman Kane and sec- onded by Councilman Waterman, the following reso- lution was adopted unanimously: WHEREAS Leonard J. Reich of 90 East Brook- side Drive, Town, heretofore requested a per- mit for the erection of a 6-foot fence along a portion of his property abutting Barnum Road and also along the westerly boundary line of his property located at 90 East Brookside Drive, Town, and known as Block 210 - Parcel 710 on the Tax Assessment Map of the Town of Ma- maroneck; and WHEREAS the Building Inspector refused to grant such permit on the ground that construc- tion or erection of such fence violated the provi- sions of Section 112, Article 21 of the Building Code; and WHEREAS Mr, Reich has appealed to this Board for modification of the Building Inspector's deci- sion pursuant to Section 23, Article 1 of the Building Code so as to allow erection of saidfence, NOW, THEREFORE,, BE IT RESOLVED that permission is denied to Leonard J. Reich to erect a 6-foot fence along a portionof his property abutting Barnum Road and also along the westerly boundary line of his property located at 90 East Brookside Drive, Town, and known as Block 210 - Parcel 710 on the Tax Assessment Map of the Town of Mamaroneck, 3. Report on request of John M.• Elliott for installation of street light on Oxford Road, Town The Clerk reported that the Superintendent of Highways and Chief of Police to whom this request was referred when presented at the last meeting of the Board had re- ported to Councilman Santoro on this matter. Councilman Santoro advised the Board that upon inves- tigation by the Superintendent of Highways and Police Chief, it was recommended that such light be installed and that funds were available for such installation, and on his motion seconded by Councilman Kane, it was unanimously RESOLVED that the Superintendent of Highways be and he hereby is authorized to install a 1000 Lumen street light on the pole located at the south corner of Oxford Road, Town, at acost not to exceed the sum of $100. 00. NEW BUSINESS a. Authorization to invest excess funds The Supervisor reported that excess funds from tax collections amounting to $450, 000. 00 would be avail- able for investment during April and requested au- thorization to invest said funds until needed. Whereupon, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that the Supervisor be and he here- by is authorized to deposit funds in an amount not to exceed the sum of $450, 000. 00 in a de- pository of the Town of Mamaroneck for a period not to exceed six months and at such rate of interest as the Supervisor may determine. b. Fixing of date for sale of tax liens In accordance with the request of the Receiver of Taxes, the Supervisor recommended that Friday, May 22nd, 1959, be designated as the date for this year's tax lien sale and on motion by Councilman Brush, seconded by Councilman Santoro, it was unanimously RESOLVED that Friday, May 22nd, 1959 be and it hereby is designated as the date for the annual tax lien sale in accordance with the provisions under Chapter 153 of the Laws of 1957. C. Fixing date for Land Auction--Sale of Block 104, Parcel 551 and Block 105, Parcel 900 After some discussion regarding a request to the Board to fix a date for the sale of certain Town-owned property known as Block 104, Parcel 551 and Block 105, Parcel 900 on the Tax Assessment Map of the Town of Mamaro- neck during which the attorneys for the parties interested in purchasing these lands, Mr. Meighan and Mr. Oliner who were present, discussed certain questions in con- nection with the offers submitted, the Board suggested to the attorneys that they confer with Town Attorney Delius during the next few weeks regarding this de-tail and directed the Clerk to schedule the matter on the agenda for the next meeting of the Board. Vyr V�; COMMUNICATIONS a. Resignation of Councilman Waterman Supervisor Burchell read a letter addressed to the Town Board by Councilman Waterman under date of March 23rd, 1959, tendering his resignation as a member of the Council to be effective as of April 2nd, 1959, because of the in- creased pressure of his New York law business. The Supervisor stated that there were times when words failed to express the true feelings of an individual and ex- pressed his gratitude to Councilman Waterman for his un- failing help and assistance during the past three years and his deep regret at his lose to the Board and the Town, Councilman Waterman thanked the Supervisor and stated that these last three years had been extremely pleasant, and that it was his feeling something had been accomplished and an example of good government on the Town level set which would stand up anywhere in this County or in the State, After Councilman Brush, Councilman Kane, Councilman Santoro, Mr. Nils Hanson as Chairman of and on behalf of the Mamaroneck Republican Town Committee, and Mr, Ed- ward P. Meehan as Chairman of and on behalf of the Ma- maroneck 'Democratic Town Committee each paid tribute to Councilman Waterman and expressed deep regret at his resignation, on motion by Councilman Brush, seconded by Councilmen Kane and Santoro, the following resolution was adopted unanimously. WHEREAS on April 2nd, 1959, the Honorable Jeremiah C. Waterman will resign from of- fice as Councilman of the Town of Mamaro- neck because of the demands of his personal business which requires all of his time; and WHEREAS during his term of office he has been an outstanding public servant, faithful at all times and thoughtful of the welfare of the citizens of the Town of Mamaroneck; and WHEREAS he has been untiring in his efforts on behalf of the Town of Mamaroneck, more particularly using his knowledge to be best interests of the Town in Police and Fire De- partment matters; NOW, THEREFORE* BE IT RESOLVED that the Town Board of the Town of Mamaroneck hereby expresses its deep re- gret at the termination of the public service of Jeremiah C. Waterman, a man known and re- spected for his efforts on behalf of the people he served; and be it FURTHER RESOLVED that the Town Clerk be and he hereby is directed to send a copy of this resolution to the Honorable Jeremiah C. Waterman, Councilman Waterman, after expressing his apprecia- tion to all for the many kind remarks addressed to him this evening, paid tribute to the Town of Mamaroneck Police and Fire Departments, thanking the Police Chief and various Fire Chiefs and stating that he felt the Town had the finest Police and Fire Departments to be found anyplace in the County or State, Fire Chief Giacomo expressed, on behalf of the Fire Department, its thanks and appreciation for all Council- man Waterman had done for the Department during his term of office and extended the Department's best wishes for the future. At this time, Mr. W. F. Mulhall of 49 Eton Road, Town, presented the name of George Schuler as a candidate for ap- pointment to the Council to fill the vacancy created by the resignation of Councilman Waterman, He outlined Mr. Schuler's background and civic activity during his thirty- three years of residency in the Town concluding with an ur- gent request for serious consideration of Mr. Schuler2s ap- pointment to this office. The following persons then addressed the Board endorsing Mr. Mulhallfs recommendation and speaking on Mr. Schuler's behalf. Mr, William F. Gartland 3 Winthrop Avenue Mr. Edward P. Meehan 10 Thompson Place Mx. Joseph B. Wise 74 Edgewood Avenue Mr. Fred C. Bell 7 East Drive Mr. George 1. Basile 294 Weaver Street Mr. G. P. Murphy 7 E1kan Road Mrs. Ann O'Brien 87 Brookside Drive, West Mr. George E. Mills, Jr. 11 Kenmare Road Mr. Richard G. Murphy 31 Edgewood Avenue Mr. R. J. OTBrien 87 Brookside Drive, West Mr. Donald H. Chapin 26 Myrtle Boulevard Mr. Frank X. O'Donnell, Jr. 100 Palmer Avenue Mr. Edmund B. VanHook 198 Weaver Street b, Request of Board of Education for use of Voting Machines The Clerk presented a letter from the Board of Education of Union Free School District No, 1, dated March 20, 1959 requesting the use of three voting machines on May 14th for the General Association and Class Elections at Mamaroneck High School, and on motion by Councilman Brush, seconded by Councilman Kane, it was unanimously RESOLVED that the request of the Board of Edu- cation of Union Free School District No, 1 for the use of three voting machines on May 14th for the General Association and Class Elections at Ma- maroneck High School be and it hereby is granted, c. Letter from State Traffic Commission--Stop Signs The Clerk presented a letter from the State Traffic Com- mission, dated March 24, 1959, enclosing four orders for stop signs which was received and filed, COMMUNICATIONS (Not on Agenda) With consent of the Board, the Clerk presented two commun- ications received too late for inclusion on the agenda, lj Request of Police Commission The Board of Police Commissioners in letter dated March 31st requested authorization of the payment of luncheon expense for four members of the Department to attend a one-day symposium at Manhattan College on Saturday, April 4th, and on motion by Councilman Kane, seconded by Councilman Santoro, it was unanimously RESOLVED that luncheon expenses for Officers Waterbury, DeVeau, Cunningham, and Mancusi of the Police Department in an amount not to ex- ceed the sum of $10. 00 while attending a one- day symposium at Manhattan College on April 4th, 1959 be paid; said expense to be paid from the item in the police budget established for such purpose, 2) Request for Erection of Fence--Fred Anderson In a letter under date of March 31st, Mr, Anderson of 29 Holly Place requested permission to erect a six foot high close woven ceder fence in the rear of 129 Carleon Avenue, which property he will take title to on April 6th. The Board directed the Clerk to follow the usual pro- cedure, notifying neighboring property owners of the re- quest and scheduling the matter on the agenda for the next meeting of the Board, p�Y . REPORTS The Clerk presented the following reports which were received and placed on file: Report of the Receiver of Taxes and Assessments for the month of March, 1959. Affidavit of publication on March 17th, 1959 in the official news- paper of the Town of Mamaroneck, The Daily Times, of the no- tice of adoption of a resolution repealing the present Chapter H (Use of Streets and Highways) of the General Ordinances of the Town of Mamaroneck and the enactment of a new Chapter II. REPORT OF THE SUPERVISOR 1) Parking Lots The Supervisor reported receipt of the lease for the parking lots and Councilman Santoro advised that the plans and specifi- cations for the improvement of these lots would be ready with- in the next several days. REPORTS OF THE COUNCILMEN Councilman Brush-- Councilman Brush stated that he had no report at this time. Councilman Kane -- t) Authorization for Assessor to Attend Assessor's Convention Councilman Kane requested the Board to authorize the Assessor to attend the annual Assessor's Convention in Rochester, New York, April 20 - 22, with expenses not to exceed the sum of $125. 00, and on his motion, seconded by Councilman Brush, it was unanimously RESOLVED that the Town Assessor be and he hereby is authorized to attend the annual As- sessors Convention in Rochester, New York, from April 20 through 22nd, 1959, with ex- penses paid by the Town in an amount not to exceed the sum of $125. 00. 2) Apportionments Councilman Kane presented the following petitions received from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes, and on motion by him and seconded by Councilman Brush, the following reso- lution was unanimously adopted. WHEREAS the Assessor has presented petitions for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Ar- ticle 16 of the Westchester County Administrative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the cor- rection of said assessment roll: NOW, THEREFORE, BE IT RESOLVED that the assessment roll of 1958, taxes of 1959, which shows property now appearing onthe roll as follows: Block Parcel Name Land Imp Total 124 423 Thomas Guglielmo $ 1, 900 $ 9, 500 $ 11, 400 & W be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 124 428 Thomas Guglielmo 1, 400 9, 500 10, 900 & W 124 423 Thomas Guglielmo 500 500 FURTHER RESOLVED that the assessment roll of 1958, taxes of 1959, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land only 320 533 Garles Holding Corp $ 2, 000 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 320 533 Garles Holding Corp 600 320 535 It 1, 400 FURTHER RESOLVED that the assessment roll of 1958, taxes of 1959, which shows property now ap- pearing on the roll as follows, Block Parcel Name Land only 133 116 Salvatore Fazio 2, 000 lV u ^✓ 4^. 60 to be corrected as follows in accordance with the provisions of subdivision 5 of Section 557; Block Parcel Name Land only 133 116 Mary Catalanotto $ 1, 000 133 121 Salvatore Fazio 1, 000 FURTHER RESOLVED that the assessment roll of 1958, taxes of 1959, which shows property now ap- pearing on the roll as follows; Block Parcel Name Land only 220 443 Town of Mamaroneck 1, 000 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 220 443 Blaise Fatone & W 500 220 445 Dominick Loiconi & W 500 FURTHER RESOLVED that the assessment roll of 1958, taxes of 1959, which shows property now ap- pearing on the roll as follows; Block Parcel Name Land only 133 72 Frank Guadagnola 5, 200 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557. Block Parcel Name Land only 133 72 Thomas A. Salfi 3, 100 133 87 Frank Guadagnola 2, 100 Councilman Waterman-- Councilman Waterman stated that he had no report other than Fire matters, Councilman Santoro -- if Request of Village of Mamaroneck for deed to Town-owned Property for Street Purposes Councilman Santoro presented a letter from the Village of Mamaroneck, dated March 20th, 1959, requesting that cer- tain property owned by the Town be deeded to the Village so that the Thruway Authority could build for the Village an access road connecting Arlington and James Streets which were dead-ended by the construction of the New England Thruway, After some discussion, on motion by Councilman San- toro, seconded by Councilman Kane, the following reso- lution was adopted unanimously ' WHEREAS, the Town of Mamaroneck through the institution of actions in the County Court of West- chester County pursuant to Article VII-A, Title 3 of the Tax Law, has become and now is the owner of a parcel of real estate situate in the Village of Mamaroneck and the Town of Mamaroneck and known as Block 814, Parcel 458 on the Tax Assess- ment Map of the Town of Mamaroneck; and WHEREAS, the Village of Mamaroneck has re- quested the Town to transfer the title to said par- cel of property to the Village of Mamaroneck to be deeded by said Village to the State of New York to be improved by the Thruway Authority and used for street purposes; NOW, THEREFORE, BE IT RESOLVED that the Town of Mamaroneck hereby authorizes the transfer of the deed of said parcel of property, known as Block 814, Parcel 458 on the Tax Assessment Map of the Town of Mamaroneck, to the Village of Mamaroneck for the consideration of the sum of $1.00; and be it FURTHER RESOLVED that the Supervisor be au- thorized and directed to execute and deliver to the Village of Mamaroneck the deed to this parcel and the Town Attorney is authorized to take all steps necessary to complete the transfer of this parcel to the Village of Mamaroneck, REPORT OF THE TOWN ATTORNEY' 1) Preparation of Deed for Sale of Property The Attorney reported that he would prepare the deed for the sale of property at auction this evening immediately pre- ceeding this meeting for delivery to Mr. Severin, the real estate broker, as authorized by this Board and as requested by Mr, Severin> OTHER BUSINESS 1) Announcement At this time, the Supervisor announced that it was the Board's decision to appoint a successor to Councilman Waterman on this Board at the special meeting on Satur- day morning, April 4th, 1959. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9.15 p.m, to reconvene on April 15th, 1959. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. a. Communications There were no communications. b. Reports Commissioner Waterman presented the Fire Report for Febru- ary, 1959, which was received and filed. c. Claims Commissioner Waterman presented the following Fire Depart- ment claims which had been audited by the Comptroller and ap- proved by the Fire Chief, and on his motion, seconded by Com- missioner Brush, it was unanimously RESOLVED that the following claims are approved and the Supervisor and Comptroller are authorized to pay the same out of the budget for the Fire Department. Con Edison Go. $ 5. 00 H.R. Dillon, Rec. of Taxes 84.72 Fire Chiefs' Emergency Plan 50. 00 Keeler Associates 611, 24 McGuire Bros. Inc. 5. 00 New York Telephone Co. 56. 98 Total $ 812. 94 d. Adjournment There being no further business to come before the meeting, it was declared adjourned at 9.20 p.m. to reconvene on April 15th, 1959. To/1/ C1 k