HomeMy WebLinkAbout1955_04_06 Town Board Minutes 119
MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, HELD APRIL 6, 1955, IN THE COURT ROOM OF MAMARONECK
TOWN POLICE HEADQUARTERS AT 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK.
The Supervisor called the meeting to order at 8: 15 P. M.
PRESENT: Supervisor Mandeville
Councilmen McKeever and Brush
ABSENT: Councilmen Kane and ;Waterman
Presence was also noted of Mr. Oronberg, Town Clerk, Mr. Delius,
Town Attorney, and Mr . O'Brien,n Su eriatendent of Highways .
The minutes of February 23, 1955, were approved as presented .
The Clerk presented a letter dated April 5, 1955, from Mr. Louis
Zingesser, an attorney, saying that his client, Pryer Manor Develop-
ment Corp. , has made application for a water main in Pryer Manor
Road , running from the existing main in Dillon Road in the Town,
and extending also from Pryer Manor Road along Roselea Road, a
private street; and that he understands Mr. Straub has submitted
o the e ntire cost
an estimate in the amount of $2, 875.91 t o
ove r
of such installation. The letter went on to say that his client
has made an initial deposit of $2, 200- to cover such part of the
estimated cost as will include the extension of the existing main
on Dillon Road along Fryer Manor Road, but not including the post
of the further extension of the main 'along Roselea Road . In the
meantime and in anticipation of payment of the balance of the
estimated cost of the entire project, Mr. 2ingesser said he would
appreciate the adoption of the usual resolution approving the
customary agreement for refunds to be made from water charges
collected from the houses to be built in the development .
On motion by Councilman McKeever, seconded by Councilman Brush,
it was, upon roll call, unanimously
RESOLVED that the Town Board hereby approves the usual
agreement between Westchester Joint water Works, No. 1,
Pryer Manor Development Corp. , and the Town of Mamaroneck,
for the installation of a water main to be laid in Pryer
Manor Road running from the existing main in Dillon Road,
in the Town of Mamaroneck, and extending also from
Pryer manor Road along Roselea Road, a private street in
the building development of the Pryer Manor Development
Corp. , including two hydrants, one on Pryer Manor Road and
the other at the end of Roselea Road, at a total cost not
to exceed $2, 875.91, provided that applicant furnish
an easement satisfactory to the Town Attorney.
FURTHER RESOLVED that the agreement provide that refund
up to 90% of revenues derived from the sale of water to
customers along this line or extension, be made for a
period of 10 years, or until the total amount of the
deposit is refunded, whichever event shall first occur.
The Clerk presented a letter, dated April 1, 1955, from Chief
Yerick, submitting bids received for the street painting as follows :
William J. Nolan Company $ 490 .00
Waterville, Conn.
Traffic Service, Inc . , 465.00
Edgard W. Stewart, Waterbury, Conn.
and recommending that the work be done by the lowest bidder.
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On motion by Councilman Brush, seconded by Councilman McKeever,
it was unanimously
RESOLVED that the contract for painting streets, curbs,
parking areas, etc . as directed by Chief Yerick, is
hereby awarded to Traffic Service Incorporated, Edgar
W. Stewart, Waterbury, Conn. , who was the low bidder
with a bid of $465.
The Clerk presented a letter dated April 1, 1955, from Chief Yerick
announcing that Patrolman John E. Rowan of the Twon Police Depart-
ment has applied for a 3-month leave of absence, effective April
1, 1955, and that such leave of absence was granted by the Board
of Police Commissioners .
On motion by Supervisor Mandeville, seconded by Councilman McKeever,
it was unanimously
RESOLVED that this Board hereby approves of the action
of the Board of Police Commissioners in granting to
Patrolman John E. Rowan, a 3-month leave of absence,
effective April 1, 1955, without pay.
The Clerk presented a letter dated March 30, 1955, from Chief
Yerick, requesting permission to dispose of an obsolute safe
3 0x24-52 which has stood in their desk room for more than 30 years
and its tremendous weight is damaging the floor . The letter goes
on to say that the Acme Krasilovsky Safe Company of 137 Grand
Street, New York City, will remove the safe and pay $5 for it,
and that the Department has an opportunity to purchase for $10
a sued steel cabinet, approximately 48x18x72 which will suit their
purpose ideally.
On motion by Councilman Brush, seconded by Councilman McKeever,
it was unanimously
RESOLVED that the Police Department is hereby authorized
to have the Acme Krasilovsky Safe Company of 137 Grand
Street, New York City, remove the safe presently located
at Police Headquarters, and replace it with a steel
cabinet which they can purchase for $10.
For the record, the Clerk presented affidavit of posting and pub-
lication of notice of adoption of resolution amending the Zoning
Ordinance, on February 23 , 1955.
The Cleric presented the following:
Town Clerk's Report for March, 1955
Report of Receiver of Taxes for March, 1955
Statement of Bank Balances as of April 1, 1955
List of Claims Audited and Paid by the Comptroller from March I
to April 1, 1955
On motion by Councilman McKeever, seconded by Councilman Brush,
the following resolution was unanimously adopted:
WHEREAS, death has claimed Louis V. Boivin; and
WHEREAS , he so ably and devotedly served the Town of Mamaroneck
for many years, earning a well-deserved reputation as an efficient
and trustworthy Patrolman and Sergeant,
NOW, THEREFORE, BE IT
RESOLVED that this Board, in appreciation of the service
rendered by Louis V. Boivin, a loyal public servant to the
Town of Mamaroneck, hereby expresses its sorrow at his loss .
FURTHER RESOLVED that this Board extends to the widow and
the other members of the family of Louis V. Boivin, its
deep sympathy for their bereavement and in token thereof,
instructs the Town Clerk to forward them a copy of this
resolution.
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Councilman McKeever had nothing to report .
Mr. William A. Glaser, Cabilane Road, Mamaroneck, appeared to
address the Board and presented certain maps . He said the area
where he lives, and has lived for the past S or 9 years, is one
where there are only private roads .
Be filed his subdivision map in 1953, prior to the formation of
the Planning Board and understands from Nor. Delius, that his sub-
division is not, therefore, subject to the rules of the Planning
Board.
They plan to pave Cabilane Road which is shown on the filed map
and runs into the Village Roads . He wished to ask advice of this
Board about the possibility of having pavement of 16 feet rather
than 20 feet like Winfield Road or 26 feet. like Old White Plains
Road .
The Supervisor suggested that he arrange an appointment with
Nor. McKeever, Mr. Delius, and Mr. O'Brien.
Mr. Glaser would like to do the contemplated paving within the
next week or two and would also like to apply to this Board for
an occupancy permit for premises located on Cabilane which has
a frontage of 200 feet on Old White Plains Road . People are
presently living in the house and he said he had come before this
Board at the suggestion of Mr. McEvoy, the Building Inspector.
The Supervisor suggested that the certificate of occupancy be
held up for the present and that Mr. McEvoy be included in the
meeting of the above men with Mr. Glaser, and that a report be
made at the next meeting of the Town Board .
The Clerk presented a copy of a letter dated Larch 23, 1955,
signed by Thomas S . Gregory, Consulting Engineer, addressed to
the New York State Department of Health Water Pollution Control
Board, transmitting general plans showing Proposed Extension of
Sewer District No. 1 in the Town of Mamaroneck to service the
Prince Willows area.
Mr. Harry B. Miltner, 9 Roosevelt Place, Scarsdale, appeared and
stated that an application was to be presented by Mr. W. H. Aldridge,
Weaver Street, Scarsdale, for an 8-foot fence at the southeast
corner of his property. The Supervisor informed Mr. Miltner that
no application had been received and the Clerk was instructed
to have the Building Inspector submit a report on this matter
for the next meeting of the Town Board.
Councilman Brush introduced the following resolution:
RESOLUTION AUTHORIZING THE ISSUANCE CE TAX ANTICIPATION
NOTE OF THE TOWN OF MAMARONECK IN AMOUNT NOT EXCEEDING
$21, 353 .95, IN ANTICIPATION OF THE COLLECTION OF UNPAID
SCHOOL TAXES FOR THE FISCAL YEAR JULY 1, 1954, to JUNE
30, 1955,
RESOLVED BY THE TOWN BOARD OF THE TOWN OF KAMARONECK IN
TEE COUNTY OF WESTCHESTER, STATE OF NEW YORK, AS FOLLOWS ,
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Section 1 . In anticipation of the receipt of unpaid
school taxes for the fiscal year beginning July 1, 1954,
and ending June 30, 1955, and for the purpose of providing
moneys to pay to the Treasurers of Union Free School
District No. I and School District No. 2, the amount of
unpaid school taxes, the Supervisor is hereby authorized
and directed to issue a Tax Anticipation Vote of the
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Town in a total principal amount not exceeding $21,853.98
pursuant to Section 555 of Chapter 852 of the Laws of
1948 of the State of New York, and pursuant to Section
24.00 of the Local finance Law of the State of New York.
Section 2. It is hereby determined and declared :
(a) The total amount of school taxes levied in said
Town for said fiscal year is :
School District No. 1 $1, 707, 960.35
School District No. 2 41, 259.13
(b) The total amount of said taxes due and unpaid is :
School District No. 1 21, 315.91
School District No. 2 537.07
(c) The total amount heretofore borrowed and outstanding
in anticipation of the collection of said taxes is none.
Section 3 . The note issued under this resolution shall
be dated April 1, 1955 and shall mature on September 1,
1955, and the date of maturity of such note or any renewal
thereof shall not extend beyond the close of the appli-
cable period provided in Section 24.00 of the Local
Finance Law of the State of New York for the maturity
of such notes .
Section 4. The Supervisor is hereby authorized to deter-
mine the interest rate and all other matters in connection
herewith not determined by this or subsequent resolu-
tion and his signature upon said note shall be conclusive
as to such determination. The note issued hereunder shall
be substantially in the form of "Model Form of mote pay-
___: able to Borrower" set forth in Schedule B of the Local
Finance Law of the State of New York and shall be signed
by the Supervisor and countersigned by the Town Clerk
and shall have the seal of the Town affixed thereto.
Section 5. The Supervisor is hereby further authorized
to issue said note and to borrow the principal amount
thereof as hereby determined from the reserve fund re-
sulting from moneys received from the redemption of
transfers of tax liens as provided in Section 556 of
Chapter 852 of the Laws of 1948 as amended .
Section 6. The faith and credit of the Town of Mamaro-
neck are hereby pledged for the punctual payment of the
principal of and interest on said note and unless other-
wise paid or payment provided for, taxes shall be levied
on all of the taxable property in said Town in an
amount sufficient to pay said principal and interest.
The foregoing resolution was seconded by Councilman McKeever and
adopted by the following vote:
AYES : Supervisor Mandeville
Councilmen McKeever and Brush
NOES : None
Mr. Delius reported that he had received from the pryer Manor
Development Corp. , the necessary easement for installation of
water in Roselea Road.
The Town Attorney reported that a. problem is developing in connec-
tion with the taking of private property in the Town by the New
England Thruway. The Attorney General of the State and the Thruway
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Authority take the position that where the property is acquired by
the State which results from their filing of a map in the County
Clerk's Office, upon which, according to the Thruway, Authority
Law, the title vests in the State, taxes which are a lien at
that time must be paid by the property owner. On the other hand,
if the tax is not a lien, and regardless of taxable status date,
the Thruway Authority will not pay any taxes either for 'town,
Town District or School District purposes . Neither will they
apportion taxes with the owner who is saddled with the payment
of the entire year 's tax provided it is a lien at the time of
taking. Specifically on the basis of property which the Thruway
has acquired in the Town since December, 1954, and which aggre-
gate $1300,000 in assessed valuation, the Town stands to lose
approximately $8,250 for taxes which became a lien April Ist, and
an additional amount of $6,450 for school taxes which become a
lien on September Ist.
The policy thus announced by the Thruway Authority, he stated, is
particularly unjust in Westchester County, where the taxable
status date for State, Town, County and School District taxes is
fixed as of June Ist of the year previous to the collection of
the tax (June 1, 1954) and both the County and Town adopt their
budgets in December, after which the Town must guarantee or pay
100% of the tax to the County. The same process is repeated in
connection with the School tax which is fixed in July and becomes
a lien September 1st.
The Supervisor asked what the Attorney's opinion was as to the
position take by the Thruway Authority and he was instructed to
bring back an opinion to the Board on this question.
The Supervisor presented a letter dated April 5, 1955, addressed
to the Superintendent of Highways from Mr. David L. Dobbins
regarding the construction of a sidewalk along weaverStreet. The
letter was referred to the Town Attorney for report inasmuch as
- there is no money in the budget at this time to do the work.
The Supervisor presented a letter, dated March 28, 1955 from the
Superintendent of the water Company, stating that the tapping in
of a 6" spur on weaver Street at Ferndale place would be advisable
as the same pavement on weaver Street must be replaced and the
same excavation made for a small line as for a large one, so the
6" spur will represent little additional cost. The estimated cost
of the 6" spur is $265.86 plus replacement of the pavement at an
estimated cost of $180. No action was taken by the Board.
Councilman Brush reported that the Town planning Board has invited
several architects to appear for an interview at a special meet-
ing of that Board to be held April 18th, with a view to recom-
mending someone to make a survey, study, and report of the matter
of a proposed new Town Hall, which matter was previously referred
to that Board by the Town Board.
The Supervisor requested a resolution authorizing the purchase
of a Bell & Howell motion picture projector and screen.
On motion by Councilman McKeever, seconded by Councilman Brush,
it was unanimously
RESOLVED that there be purchased for the Department ,
of Civil Defense, one Bell & Howell CRS 140tion
Picture Projector with 61' radiant detector screen,
at a total cost of $431.
There being no further business to come before the meeting, it
adjourned at 9 P. M. , and immediately reconvened as the Board of
Fire Commissioners .
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Councilman Brush submitted the Fire Report for March, 19558 and
the Fire Department claims which had been approved by the Fire
Chief and audited by the Comptroller.
On motion by Councilman Brush, seconded by Councilman McKeever,
it was unanimously
RESOLVED that the following described claims be and
they hereby are approved and that the Supervisor and
Comptroller be and they hereby are aurhotized to pay
the same out of the budget for the Fire Department:
A & A Automotive Co. $ 6.15
Arthur Massey Brown 50.00
Consol. Edison Co. of K. Y. , Inc . 5.00
Reginald Jubb Garage 63 .60
McGuire Bros . , Inc . 10.00
New York 'telephone Co. 61.10
Olson & Gordon Stationers, Inc . 45.30
Roberts 67.50
Chatsworth Oil & Heating Co. , Inc, 155.10
G. W. Merrell, Inc . 4 .10
Westchester Joint Water Forks, No. 1 5.29
Hydrant Rental
New Rochelle Water Company 56.25
Total 532.39
There being no further business to come before the meeting, it
adjourned to meet again on April 20th, 1955.
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ToW7 lery
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