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HomeMy WebLinkAbout1959_09_16 Town Board Minutes MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 16th, 1959, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. PRESENT. Supervisor Burchell Councilman Santoro Councilman Kane Councilman Brush Councilwoman Helwig ABSENT: None ALSO PRESENT: Mr, Gronberg - Town Clerk Mr, Delius Town Attorney Mr, Friedlander - Town Engineer Mr, Finson - Town Accountant Mrs, Brewer - Secretary APPROVAL OF MINUTES - The minutes of the special meeting of August 13th, 1959 were approved as submitted, PUBLIC HEARING--Consideration of Adoption of Resolution Authorizing Licensing and Conducting of Bingo, The Clerk presented the affidavit of publication of the notice of hearing and the Supervisor declared the hearing open. Following a brief presentation of the procedure to be followed in this matter, the Supervisor inquired whether any person present wished to address the Board either in favor of or in op- position to this proposal and the following persons were heard: In favor: Commander Francis J. Stock, Post 1156 - Veterans of Foreign Wars Commander Stock, representing a large delegation of persons from the Veterans of Foreign Wars organization who were present at the meeting, spoke in favor of permitting the holding of bingo games in the Town, stating briefly the organizations reasons for its position, In opposition: No one. Whereupon, on motion by Councilman Brush, seconded by Councilman Kane, it was unanimously RESOLVED that the hearing be and it is de- clared closed. And thereupon on motion by Councilman Santoro, seconded by Councilman Kane, the following resolution was offered. RESOLVED AND ORDAINED, that it shall be lawful for any authorized organization, as defined in Sec- tion 476 of Article 14-G of the General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the Town of Mamaroneck, subject to the provisions of this ordinance, Article 14-G of the General Munici- pal Law and Article 19-B of the Executive Law, and the following restrictions. 1. No person, firm, association, corporation or organization, other than an authorized organ- ization licensed under the provisions of this article, shall be permitted to conduct such games, - 1-a. No bingo game shall be held, operated or con- ducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the oper- ation of such game. Z. The entire net proceeds of any game shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same. 3. No single prize shall exceed the sum or value of two hundred fifty dollars 4, No series of prizes on any one occasion shall aggregate more than one thousand dollars. 5. No person except a bona fide member of any such organization shall participate in the man- agement or operation of such game. 6. No person shall receive any remuneration for participation in the management or operation of any such game. 7. The unauthorized conduct of a bingo game and any willful violation of any provision of this or- dinance shall constitute and be punishable as a misdemeanor, S°}u. 8, The provisions of the Bingo Licensing Law (Article 14-G) General Municipal Law of the State of New York shall apply to the li- censing and conducting of the game of bingo and the provisions of such law are hereby incorporated in this resolution or ordinance by reference. and be it FURTHER RESOLVED, that a proposition for the approval of this resolution pursuant to Article 14-G of the General Municipal Law be submitted at the Biennial or General Election to be held in the Town of Mamaroneck on the 3rd day of Novem- ber, 1959, pursuant to the provisions of the Town Law and that this resolution shall remain inopera- tive unless and until the proposition therefor sub- mitted at said Biennial or General Election shall be approved by a vote of the majority of the quali- fied electors in the Town of Mamaroneck voting thereon. Upon roll call, the vote on the foregoing resolution was as follows- Supervisor Burchell VOTING Aye Councilman Santoro VOTING Aye Councilman Kane VOTING Aye Councilman Brush VOTING Aye Councilwoman Helwig VOTING Aye and the resolution was therefore unanimously adopted. OLD BUSINESS 1. Resolution Authorizing Sale of Bonds for Westchester Joint Water Works No. I Upon the Town Attorney informing the Board that the 30-day permissive referendum on the bond resolution adopted August 13th, 1959, had expired, and that it was now in order to adopt the final resolution authorizing the sale of $400, 000 Serial Bonds of the Town of Mamaroneck for the purpose of paying the Town's share of the con- struction cost of the new water supply line, the following resolution was offered by Councilman Kane, who moved its adoption, seconded by Councilman Brush, to-wits RESOLUTION DATED September 16, :1959. A RESOLUTION PROVIDING FOR THE DETAILS AND AUTHORIZING THE SALE OF $400, 000 SERIAL BONDS OF THE TOWN OF M_AMARONECK, WESTCHESTER COUNTY, NEW YORK, HERETOFORE AUTHORIZED IN CONNECTION WITH THE ENLARGEMENT, EXTEN- SION AND IMPROVEMENT OF THE FACILITIES OF WESTCHESTER JOINT WATER WORKS NO. 1. BE.IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows; Section 1, The $400, 000 serial bonds of the Town of Mamaroneck, Westchester County, New York, hereto- fore authorized by bond resolutions dated August 15, 1956, May 6, 1959 and August 13, 1959, for the specific object or purpose of providing a part of the amount of money re- quired to be contributed by said Town to pay the cost of - the enlargement, extension and improvement of the facil- ities of Westchester Joint Water Works No, 1, as more fully described in said resolutions, shall each be desig- nated substantially WESTCHESTER JOINT WATER WORKS NO, 1 (SERIAL) BOND, 1959, shall be dated July 15, 1959, of the denomination of $1, 000 each, numbered from 1 to 400, both inclusive, maturing in numerical order in the amount of $10, 000 on January 15 in each of the years 1960 to 1969, both inclusive, and $15, 000 on January 15 in each of the years 1970 to 1989, both inclusive, and shall bear interest at a rate not exceeding five per centum per annum, payable semi-annually January 15 and July 15, Such bonds shall be in bearer coupon form with the privilege of con- version into bonds registered as to both principal and in- terest, and shall be payable as to both principal and interest in lawful money of the United States of America at Morgan Guaranty Trust Company, in New York, New York, which by contract is the paying agent of the issuer. Such bonds shall be signed in the name of said Town of Mamaroneckby its Supervisor, sealed with its corporate seal, attested by its Town Clerk, and the interest coupons shall bear the fac- simile signature of said Supervisor. Section 2. All other matters, except as provided herein relating to such bonds, shall be determined by the Supervi- sor of said Town of Mamaroneck. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51. 00 of the Local Finance Law, as the Supervisor shall determine. Section 3. It is hereby determined that subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law ap- plies to the aforesaid specific object or purpose, and thatthe period of probable usefulness thereof is forty years, com- puted from January 16, 1958, the date of the first bond antic- ipation note issued in anticipation of said bonds. Section 4. The faith and credit of said Town of Mamaro- neck, New York, are hereby irrevocably pledged for the pay- ment of the principal of and interest on said bonds as the same respectively become due and payable. The principal of and interest on said bonds shall be payable in the first instance from water rates and, to the extent necessary, from a levy upon all the taxable real property of Water Supply District No. 1 of said Town, in the manner provided by law, but if not paid from such sources, all the taxable real property within said Town shall be subject to the levy of an annual ad valorem tax sufficient to pay the principal of and interest on said bonds as the same become due and payable. Section 5, The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of said Town of Mamaroneck, provided, however, that in the exercisJe of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any or- der or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor of said Town of Mamaroneck shall be a full acquittance to the pur- chaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section b. This resolution shall take effect immed- iately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows. Supervisor Burchell VOTING Aye Councilman Santoro VOTING Aye Councilman Kane VOTING Aye Councilman Brush VOTING Aye Councilwoman Helwig VOTING Aye The resolution was thereupon declared duly adopted, 2. Approval of Glick-Freedman Financial Report Councilman Kane commented upon the excellence of the Annual Financial Report of the Town for the year 1958 as submitted by Glick-Freedman and presented at the last meeting of the Board, and upon his motion, which was seconded by Councilwoman Hel- wig, it was unanimously RESOLVED that the Annual Financial Report of the Town of Mamaroneck for the year ended December 31, 1958, submitted by Glick-Freedman, Certified Public Accountants, New Rochelle, New York, is hereby approved as presented. NEW BUSINESS There was no new business to come before the meeting. COMMUNICATIONS 1. Public Notice--Meeting of Larchmont Village Zoning Board The Clerk presented a notice of a meeting of the Zoning Board of Appeals of the Village of Larchmont on Septem- ber 16th, which was received and filed. 2. Letter from Westchester County Park Commission (Renewal of Lease) The Clerk presented a letter from the Westchester County Park Commission stating that the lease for the property known as a portion,of Parcel 1B, Sheet 9, Pelham-Port Chester Parkway expired on October 31st and inquiring whether the Town desired to renew for another year said lease, --- The Board directed that this lease be renewed and on mo- tion by Councilman Brush, seconded by Councilman Kane, it was unanimously RESOLVED that the lease for the use of the prop- erty known as a portion of Parcel 1B, Sheet 9, Pelham-Port Chester Parkway, which expires on October 31, 1959, be renewed for another year and the Supervisor is hereby authorized to execute such lease for the Town of Mamaroneck with the Westchester County Park Commission, COMMUNICATIONS (Not on Agenda) 1, Petition--Correction of Assessment Maps Upon presentation of petition requesting approval of correc- tions to the assessment roll maps as of June 1, 1959, from the Town Assessor, it was on motion by Councilman Kane, seconded by Councilwoman Helwig, unanimously RESOLVED that this Board hereby approves the changes made in the assessment maps of the Town of Mamaroneck as of June 1, 1959, and that said maps are hereby corrected and recti- fied as of June 1, 1959, in the following places: Filed Index Filed Index Filed Key Page Page Page Filed Index 104 203 303 401 501 105 204 304 402 502 106 206 306 403 503 112 210 314 404 504 118 211 315 405 506 124 213 320 407 125 214 325 410 126 215 328 411 127 216 333 412 130 218 344 132 219 346 133 220 347 221 224 227 228 229 230 j Page Page Page Page Page Page 601 703 801 818 901 930 603 706 803 820 902 931 604 707 805 822 903 932 605 710 807 823 905 934 607 712 808 824 906 937 609 714 809 825 907 938 610. 715 810 826 908 942 611 716 811 827 909 944 613 718 812 828 911 947 615 719 813 829 913 949 617 720 814 831 914 950 619 722 815 832 915 952 725 816 833 916 954 727 817 917 955 918 958 920 960 921 961 922 962 924 963 925 964 926 965 927 966 2. Letter from Larchmont Gardens Civic Association The Clerk presented a communication from the Larchmont Gardens Civic Association under date of September 14th, 1959, requesting the Board "to have a sign erected designat- ing "New Harmon Drive" at the intersection of the New Har- mon Drive and Weaver Street." After brief discussion, this matter was put over to the next meeting for further consideration. REPORTS Report of the Town Clerk for--the month'-of August; 19-`°9. REPORT OF THE SUPERVISOR The Supervisor reported briefly on.the following; 11 Invitation of the Larchmont Branch of the American Red Cross to all members of the Board to attend a preliminary visit of the "Nike Site" in Harrison (Route 22 - opposite Jennie Clark- son Home) on Sunday afternoon, September 20th, at 2 p.m. . 2) Meeting of Mayor Coffinberry, Mr. Bozell and himself with Mr. Alpert, President of the New Haven Railroad, to discuss matters relating to the Station, escalator, etc. The Supervi- sor stated that Mr. Alpert was most cooperative and that a further meeting would be held with the Chairman of the y s Z1' Thruway Authority, Colonel Brill, in order to expedite these matters, REPORTS OF THE COUNCILMEN Councilman Santoro -- Councilman Santoro reported on the following matters. 1) Presentation of a detailed written report submitted by the Town Engineer under date of September 15th on the con- dition of the right wing of the Weaver Street Firehouse, in view of which he then recommended that the Engineer be directed to prepare an estimate of the cost of the necessary repair work so that funds for same could be provided in the 1960 budget, The Board so directed the Engineer. 2) Noticemailed by Building Inspector that the fence erected on the rear of the property of Douglas Fais, 35 Harrison Drive, Town, was in violation of resolution adopted by this Board on September 3rd, 1958, granting him persnis- sion to erect a cedar pole fence 6 feet in height on his premises. This matter was referred to the Town Attorney, 3) That the paving of York Road, as had been requested by the residents of that area, had been completed by the contractor, 4) That work had begun on the construction of the safety island in Chatsworth Square, 5) Request that the Superintendent of Highways be authorized to advertise for bids, purchase and plant 150 to 200 shade trees along Old Harmon Drive bordering the Thruway and on his motion, which was seconded by Councilman Brush, it was unanimously RESOLVED that the Superintendent of Highways be and he hereby is authorized to advertise for bids for furnishing to the Town of Mamaroneck 150 to 200 Tsuga Canadensis, (Canadian Hemlock Trees); and be it FURTHER RESOLVED that the Superintendent of Highways be and he hereby is authorized to purchase said trees in accordance with the specifications � 9 stated in the notice for bids and plant said trees along Old Harmon Drive. Councilman Kane -- Councilman Kane stated that he had no report at this time. Councilman Brush -- Councilman Brush stated that he had no report other than Fire matters. Councilwoman Helwig -- Councilwoman Helwig reported as follows: 1), That Supervisor Burchell had received the following let- ter, dated September 10th, 1959, from Dr. Sal J. Prez- ioso, Superintendent of the Westchester County Recrea- tion Commission, in reply to his letter of August 14th addressed to Dr. Prezioso in accordance with the reso- lution unanimously adopted by this Board at its meeting on August 5th, 1959, requesting the County agencies to make a survey of all land and physical facilities within the boundaries of the unincorporated section of the Town of Mamaroneck: A1This is to inform you that the Westchester County Recreation Commission has approved your re- quest for a Recreation and Park Survey of the un- incorporated area of the Town of Mamaroneck. I will be in touch with you shortly concerning pro- cedures.„ Zj That the League of Women Voters of Larchmont would sub- mit to the Town Recreation Commission a copy of a. report on the League's observations of the 1959 Summer Recrea- tion Program, the first part of a survey on Recreation presently being conducted by that organization. .. - REPORT OF THE TOWN ATTORNEY 1) 65 Palmer Avenue The Attorney reported that since Grew Properties intervened and moved to dismiss on the grounds that there was a proceed- ing pending before the Zoning Board of Appeals, the court denied the motion stating that the petitioners, Moore and Howell Park a; k fwr - Association, had an election of remedies, and since they had chosen to go to the Town Board, the Zoning Board of Appeals had no jurisdiction in the matter. Otherwise, the court did not decide the principal question, which is the review of the Town Boardts action. The intervenor, Grew Properties, was allowed 20 days to answer, and the case will be tried eventually in Special Term--Part II of the Supreme Court, 2) Request for Issuance of Duplicate Tax Lien The Town Attorney stated that he had received a letter from A. U. Rodney, President of the Atlantic Municipal Corporation, enclosing petition of Garden Properties, Inc. , requesting the issuance of a duplicate tax lien (#168) covering premises known as Block 613, Parcel 475 on the Tax Assessment Map of the Town of Mamaroneck, which had been sold originally to Bonded Capital Corporation at the tax sale in May of 1931 for the sum of $84. 11 and then assigned to Garden Properties, Inc, in Feb- ruary of 1932. This petition, he continued, stated that the lien had been lost and could not be found and a duplicate was requested so that the money which had been forwarded to the Receiver of Taxes in the amount of $370.08 could be collected. Upon the Attorney's advice that the Board, in its discretion, could request a bond to indemnify the Town against any loss re- sulting from the production of the original lien, after discussion and consideration of the matter, the following resolution was adopted unanimously on motion offered by Councilman Kane and -_ seconded by Councilman Santoro, and the Town Attorney was directed to so notify Mr, Rodney; RESOLVED that a duplicate lien covering premises known in 1931 as Section 6, Block 66, Lot 5 and now known as Block 613, Parcel 475 on the Tax Assess- ment Map of the Town of Mamaroneck, sold to Bonded Capital Corporation at the tax sale in May of 1931 for the sum of $84. 11 and assigned to Garden Properties, Inc, on February 2nd of 1932, maybe issued to Garden Properties Inc, pursuant to the pro- visions of the Westchester County Administrative Code, Chapter 852 of the Laws of 1948, Section 582, in order that this duplicate lien together with satis- faction may be surrendered to the Receiver of Taxes thus authorizing payment of the amount of the lien to Garden Properties, Inc., provided, however, that Garden Properties, Inc, furnish a bond or under- taking indemnifying the Town against any claim for loss or damage which might be occasioned by the pro- duction of the original lien, said bond to be signed by surety company and approved as to form by the Town -- Attorney. 3) #7 Ferndale Place The Town Attorney reported that he had obtained from the attorneys for the defendants and the defendants themselves, a stipulation consenting to the entry of an order enjoining and restraining the defendants from occupying, renting, leasing, keeping, maintaining, operating and using the said dwelling for one family and from maintaining or conducting or occupying said premises as a separate residence or dwelling subject to rental or lease to tenants contrary to the Zoning Ordinances of the Town of Mamaroneck as of May 19, 1958. Whereupon, on motion by Councilman Kane, seconded by Councilman Santoro, it was unanimously RESOLVED that the Town Attorney be and he hereby is authorized to sign this stipulation and dismiss the action. ADJOURNMENT There being no other business to come before the meeting, it was declared adjourned at 9;05 p.m. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. Commissioner Brush -- Commissioner Brush requested the Commission to authorize payment of the Fire Chiefts expenses while attending a conference called by Govenor Rockefeller in Albany on September 23rd and 24th, and on his motion, which was seconded by Councilwoman Helwig, it was unanimously RESOLVED that this Commission hereby authorizes payment of expenses in an amount not to exceed the sum of $60. 00 to the Fire Chief while attending a Conference of Fire Chiefs to be held in Albany on September 23rd and 24th, 1959, said expenses to be paid out of the item designated for such purpose in the budget of the Fire Department. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9.10 p.m. zUada'4'Z'M� T Cle