HomeMy WebLinkAbout1955_05_04 Town Board Minutes Sri
MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, HELD MAY 4, 1955, IN THE COURT ROOM OF MAMARONECK
TOWN POLICE DEPARTMENT, TOWN OF MAMARONECK.
The Supervisor called the meeting to order at 5: 15 P. M.
PRESENT: Supervisor Mandeville
Councilmen McKeever, Kane, and Brush
ABSENT: Councilman Waterman
-- presence was also noted of Mr. Oronberg, Town Clerk, and Mr. Delius,
Town Attorney.
The Town Clerk reported that Mr. Robert W. Briggs, Consulting
Engineer to the New York State Thruway Authority, would be unable
to attend the meeting. However, in a telephone conversation, he
had reported that the sections of the road between Chatsworth
Avenue and the Clover Leaf in Mamaroneck should be ready for bids
about July.
Councilman Kane suggested that it might be advisable to obtain
a set of plans from Mr. Briggs for the sections in the Town of
Mamaroneck. The Supervisor said this request had already been
made.
The Clerk presented a letter dated April 26, 1955, from Chief
Yerick, asking for approval of the following recommendations by
the Board of Police Commissioners :
(1) Purchase of shoulder patches at a cost of $93 .50 ;
(2) Attendance by Detective Loveley at Photography School, May 2
through May 6, with an allowance of $15 for expenses; and
(3) Purchase of 150 corrected inserts for parking meters, at a
cost of $52.50.
On motion by Supervisor Mandeville, seconded by Councilman Brush,
it was unanimously
RESOLVED that the Police Department is hereby
authorized to purchase from Merson Clothes, Inc.
shoulder patches for the uniforms of members of
the Department, as per sample submitted, at a
cost not to exceed $93 .50.
On motion by Supervisor Mandeville, seconded by Councilman McKeever,
it was unanimously
RESOLVED that Detective Loveley is hereby authorized
to attend at an Advanced Photography School to be con-
ducted by the F. B. I . , at the County Jail, May 2
through May 6, with an allowance of $15 for expenses .
On motion by Councilman Brush, seconded by Supervisor Mandeville,
it was unanimously
RESOLVED that the police Department is hereby
authorized to purchase 150 inserts for parking
meters, making certain corrections in the present
instructions, from Dual Parking Meter Company,
in accordance with their letter dated April S,
1955, addressed to Chief Yerick, at a total
cost not to exceed $52.50.
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The Town Clerk presented and read a letter dated April 19, 1955
from the State Traffic Commission, together with a Traffic Com-
mission Order of the same date . The letter states that after
investigation, the request by the Town (that parking be eliminated
on both sides of Weaver Street between the Boston post Road and
Palmer Avenue) must be denied . However, a. condition does exist
near the intersection of the Bost Road (U. S . 1) and Weaver Street,
and in this portion, parking will be prohibited on the easterly
side of Weaver :Street between Boston post Road and Plymouth Road .
The Clerk presented and read a letter dated April 25, 1955, from
the State Traffic Commission, together with an Order of the same
date . The letter states that the Commission has reviewed the
operation of Signal #84, located at the intersection of Route 125,
Weaver Street, with Myrtle Boulevard and Cooper Lane, at the request
of Chief Yerick, and their findings indicate the desirability of
removing the right turn green arrow from the westerly signal face.
Further, that the signal operation will be reviewed and adjsuted
to provide more efficient operation for both vehicular traffic
and pedestrians at a later date.
The Clerk presented and read a letter dated April 26, 1955, from
the Mamaroneck Board of Education, requesting permission to use
voting machines in connection with the general elections of
Mamaroneck High School to be held on Friday, May 13th.
On motion by Councilman McKeever, seconded by Councilman Kane,
it was unanimously
RESOLVED that the request of the Mamaroneck Board
of Education for permission to use voting machines
in connection with the general elections of Mamaro-
neck High School to be held on Friday, May 13th,
be and it hereby is granted.
_ The Clerk presented and read a letter dated May 3, 1955, from the
Town of Mamaroneck Planning Board replying to a letter of May 2nd,
with reference to further information for the Town Board as to
the cost of a survey, study, and report which may be made by the
architectural firm of Eggers & Higgins, and advising that this
particular enterprise does not fall within the purview of the
Planning Board .
Councilman Brush announced that he::had invited Mr. Richard Eggers
to the meeting to explain the matter of the cost of such a survey.
The Clerk presented two letters, dated April 15th and April 22nd,
respectively, from Fordham Transit Co. , Inc . , together with appli-
cations for the operation of motor buses over certain streets and
highways in the Town of Mamaroneck, and asking that a time and
place be set for a public hearing on this matter.
On motion by Supervisor Mandeville, seconded by Councilman McKeever,
the Clerk was authorized to publish the following notices in the
Mamaroneck Daily Times :
PUBLIC NOTICE
TAKE NOTICE that a public hearing will be held by the
Town Board of Mamaroneck on the 18th day of May, 1955, at
-- 8: 15 o'clock in the evening of that day, in the Court Room
of the Town of Mamaroneck Police headquarters at 11 Edgewood
Avenue, in the Town of Mamaroneck, for the purpose of con-
sidering the application of_Fordham Transit Co. , Inc .
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for the consent of the Town of Mamaroneck, under the
provisions of Sections 66 and 67 of the Transportation
Corporations Law of the State of New York, for the opera-
tion of motor buses or omnibuses for transportation of
passengers and property carried by said passengers for
hire, in, upon, along and across certain streets, avenues
and highways in the Town of Mamaroneck, along the following
routes
BEGINNING at the southwesterly boundary line of the
Village of Mamaroneck at Palmer Avenue ; thence along Palmer
Avenue to the northeasterly boundary line of the Village
of Larchmont . Also, beginning at the southwesterly
boundary line of the Village of Larchmont at Boston post
Road (U. S . 1) : thence along Boston Post Road. (U . S . 1)
to the northeasterly boundary line of the City of New
Rochelle, as part of an omnibus line or route between
Port Chester, Rye, Harrison, Mamaroneck, Larchmont, New
Rochelle and North Pelham to Yonkers Raceway.
TAKE FURTHER NOTICE that the purpose of said public
hearing is to consider the granting of such consent for
the use of the above described portions of streets or
highways in the Town of Mamaroneck, to Fordham Transit
Co. , Inc . , and that at such public hearing, all persons
interested will be given an opportunity to be heard, this
notice being given pursuant to Section 64 paragraph 7 of
Chapter 62 of the Consolidated Laws known as the Town Law
and Sections 66 and 67 of Chapter 63 of the Consolidated
Laws , known as the Transportation Corporations Law of the
State of New York.
- PUBLIC NOTICE
TAPE NOTICE that a public hearing will be held by the
-- Town Board. of Mamaroneck on the 18th day of May, 1955, at
3: 15 o'clock in the evening of that day in the Court Room
of the Town of Mamaroneck police Headquarters at 11 Edgewood
Avenue, in the Town of Mamaroneck, for the purpose of
considering the application of Fordham Transit Co. , Inc . ,
for the consent of the Town of Mamaroneck, under the
provisions of Sections 66 and 67 of the Transportation
Corporations Law of the State of New York, for the opera-
tion of motor buses or omnibuses for transportation of
passengers and property carried by said passengers for
hire, in, upon, along and across certain streets, avenues
and highways in the Town of Mamaroneck along the following
routes.
Main Line
BEGINNING at the southwesterly boundary line of the
Village of Mamaroneck adjacent to the Town of Mamaroneck
and Palmer Avenue; thence along Palmer Avenue to the
northerly boundary line of the Village of Larchmont; as
part of a route extending to and/or beyond the Village of
Mamaroneck on the one hand and to and/or beyond the Vil-
lage of Larchmont on the other hand.
Larchmont - Mamaroneck
BEGINNING at the northwesterly boundary line of the
Village of Mamaroneck adjacent to the Town of Mamaroneck
at Fenimore Road ; thence along Fenimore Road to Avon Road ;
along Avon Road to Rockland Avenue ; along Rockland Avenue
to Sheldrake Avenue; along Sheldrake Avenue to Forest
Avenue; along Forest Avenue to Rockingstone Avenue ; along
Rockingstone Avenue to Larchmont Avenue ; and along
Larchmont Avenue to the northwesterly boundary line of
the Village of Larchmont adjacent to the `town of Mamaroneck-
also along Weaver Street from Forest Avenue to Harmon Drive;
and along Harmon give from Weaver Street to the southwesterly
- boundary line of the Village of Mamaroneck adjacent to the
Town of Mamaroneck; as part of a route extending to and/or
beyond the Village of Mamaroneck on the one hand and to
— and/or beyond the Village of Larchmont on the other hand .
TAKE FURTHER NOTICE that the purpose of said public
hearing is to consider the granting of such consent for
the use of the above described portions of streets or
highways in the Town of Mamaroneck, to Foreham Transit
Co. , Inc . , and that at such public hearing, all persons
interested will be given an opportunity to be heard, this
notice being given pursuant to Section 64 Paragraph r of
Chapter 62 of the Consolidated haws known as the Town Law
and Sections 66 and 67 of Chapter 63 of the Consolidated
Laws, known as the Transportation Corporations Law of the
State of New fork.
The 'Town Clerk presented the following:
Statement rendered by Fordham Transit Co. , Inc . , of gross receipts
for six months ending December 31, 1954, signed by Abraham
Rukin and notarized on the 18th of April, 1955
Building Inspector's Report for April, 1855
List of Claims audited and paid by the Comptroller from April 1
to May 1, 1955
Statement. of Bank Balances as of May 1, 1955
Summary of Receipts and Disbursements, January 1 to March 31, 1955
Analysis of Budget Appropriations and Expenditures, January 1
to Marcy 31, 1955
Analysis of Estimated Revenues, January 1 to March 31, 1955
Attendance Report for March, 1955
Report of Receiver of saxes for April, 1955
When told that this Report indicated that 94 . 57o of the taxes have
already been collected, the Supervisor said he would like to have
this noted in the record, as it is a credit to the taxpayers of
the Town of Mamaroneck.
The Board next took up the matter of the application of Mr. John
N. Ledbetter for permission to erect an 8-foot wooden fence
along the side of his property at 6 and 8 Senate Place.
Mr . Carl Cuglielmo was represented. by Mr. William S . Brill, an
attorney, who vigorously opposed an 8-foot fence .
The members of the Board said they had looked at the property and
Councilman Brush suggested that a 6-foot fence might be erected
from the front property line to a point 25 feet from the rear
line, and from there to the rear line, the fence should be
4 feet in height .
Mr. Ledgetter then suggested a 6-foot fence starting 16 feet in
from the front property line and ending 16 feet from the rear
property line .
On motion by Councilman Brush, seconded by Councilman McKeever,
the following resolution was, upon roll call, unanimously adopted:
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WHEREAS , John N. Ledbetter heretofore requested a permit to
erect an eight-foot high wooden picket fence along the side of
his property at 6 and S Senate place, adjoining 10 Senate Place,
and mown on the Tax Assessment Map as Block 112 Parcel 625; and
WHEREAS , the Building Inspector refused to grant such permit
on the ground that construction or erection of said fence
violated the provisions of Section 112 Article 21 of the Building
Code; and
WHEREAS, John N. Ledbetter has appealed to this Board for
modification of the Building Inspector's decision, pursuant to
Section 23, Article l of the Building Code, so as to allow the
erection of said fence,
NOW, THEREFORE, BE IT
RESOLVED that permission is granted to John N.
Ledbetter to erect a six-foot high wooden
picket fence to start 16 feet in from the front
property line and to end 16 feet from the rear
property line along the side of his property
at 6 and 6 Senate Place, adjoining ID Senate
Place, and known on the Tax Assessment Map
as Block 112 Parcel 625.
Mr. John J. Mann, pryer Manor Road, Larchmont, and a group of
residents from that area, were present to learn the present status
of the Pryer Manor bridge.
Mr. Delius reported that he had written to Mr. Murray C . Fuerst,
Corporation Counsel of the .City of New Rochelle, asking that an
estimate be prepared of the cost of repairing the bridge and
he had understood that he would be able to present that estimate
at tonight 's meeting. However, he had not received it. No action
could be taken by the Board until this estimate is received .
Mr. Delius also explained the Mamaroneck Valley Sewer tax for the
benefit of Mr. Morris Solomon.
Mr. Richard Eggers then addressed. the Board and stated that for
a. fee of $2,270, his firm would prepare the preliminary sketches,
renderings, recommendations as to location, and the estimated cost,
in connection with the proposed new Town Hall .
The members of the Board asked questions concerning the project,
and the Supervisor suggested that it be discussed later in the
meeting.
The Supervisor thanked Mr. Eggers for appearing before the Board .
The Supervisor suggested that Mr . Delius prepare a proposition
covering the matter of the swimming pool project, in order that
it may appear on the ballot to be voted on in the fall .
Mr. Jack Strassberg, 167 Hickory Grove Drive, appeared to re-
quest permission to erect a 6-foot fence along the easterly side
of his property, extending from the corner of his house to his
rear property line.
The Clerk was instructed to write to the adjoining property owners
for their reaction.
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The Supervisor requested a resolution authorizing payment of
claims of Mr. McEvoy in the amount of $51 .24, and Mr. Finson, in
the amount of $41 .81, for expenses incurred by them attending
the Assessors ' Training :School in Albany on April 18, 19, and 203.
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On motion by Councilman Kane, seconded by Councilman McKeever,
it was, upon roll call,unanimously
RESOLVED that the claims of Thomas J. McEvoy
and Alexander Finson in the amount of $51.24
and $41.81 respectively, for expenses incurred
in attendance at the Assessors ' Training School
in Albany on April 18, 19, and 20, be and they
hereby are approved .
- The Supervisor suggested. because of the situation prevailing, per-
ticularly on private golf courses in Westchester County, that the
Labor Law might be amended, allowing boys from the age of 10 years
and upwards, to be employed as caddies .
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He suggested that this Board go on record in favor of such an
amendment.
On motion by Supervisor Mandeville, seconded by Councilman
McKeever, it was, upon roll call, (Councilman Kane not voting)
unanimously
RESOLVED that this Board recommends that the Labor Law
of the State of New York be amended so as to permit
the employment of boys of the age of 10 years and up-
wards, as caddies on golf courses .
FURTHER RESOLVED that copy of this resolution be
forwarded by the Clerk to the honorable Owen Quinn,
the Chairman of the Legislative Committee of the
Board of Supervisors of Westchester County.
The Supervisor suggested that a resolution be passed and sent to
the Cha.irman' of the Legislative Committee of the Board of Super-
visors of Westchester County, requesting an amendment to the Election
Law which would increase from 950 to 1,200, the number of people
who would be allowed to vote in any election district.
The members of the Board discussed this matter but no action was
taken.
The Supervisor referred to a memorandum from the Town Attorney,
dated May 3, 1955, concerning improvement district taxes against
the property annexed by the Village of Mamaroneck on February 23,
1955, which is between the northerly boundary of the Village of
Mamaroneck and the west reservoir of the Westchester Joint
Water Works No. 1 .
This memorandum discusses the question of the levy of taxes for:
(1) Bonded indebtedness incurred prior to date of annexation in
various districts which included this property; and
(2) Future taxation for operation and maintenance of these
districts .
The Town Attorney's memorandum states that taxes must be collected
by the Village for the proportionate amount of bonded indebtedness,
principal and interest, until all bonds issued prior to the date
of annexation shall have been fully amortized and that, as to future
taxation, the question arises as to whether or not the annexed
property receives any service from the improvement district which
included it.
The only question involved in this category is whether or not the
Park District No. 1 renders any service to the annexed property.
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After some discussion, the Town Board was of the opinion that
no future taxes should be levied for maintenance and operation
of Town districts in the property annexed but that the propor-
tionate amount of debt service should be collected as stated
in the memorandum.
The Town Attorney stated that the property purchased by Frank
Valle and known on the Tax Assessment Map as Block 131 Parcel 57,
for which he was the successful bidder at the sale held March 23,
1955, and which sale was approved by the Town Board by resolution
adopted on the same day, had been taken in part by the New York
State Thruway Authority, New England Section, who had filed a
Notice of Acquisition and a Map in the County Clerk's office on
April 25, 1955, a day or two before the closing of title with
Mr. Valle.
For this reason, Mr . Valle now requests a reduction in the price.
Meanwhile, the Town Attorney continued, the Thruway had submitted
an adjustment agreement whereby the Thruway agreed to pay the Town
$170 for the portion taken.
The Board, after discussing the matter,decided that Mr. Valley
should be granted a reduction of 1/3 of the purchase price on the
basis of the area taken, and upon motion by Councilman Mane,
seconded by Councilman Brush, it was, upon roll call, unanimously
RESOLVED that the resolution heretofore adopted by
this Board on March 23, 1955, approving the bid of
Frank Valle for property known. on the Tax Assessment
Map as Block 131 Marcel 57, for a cash price of $135,
be amended and modified so as to provide. that such
bid be reduced and the sale approved on the basis of $90.
FURTHER RESOLVED that the Adjustment Agreement proposed
by the New York State Thruway Authority for the payment
of $170 to the Town of Mamaroneck for parcel 496 on Map
%o. 496-fit-1, which is par's of Block 131 Parcel 57, on
the Tax Assessment Map of the Town of Mamaroneck, is
approved and the Supervisor is authorised to sign the same .
Deputy Chief Edward Leon, of the Town Fire Department, was present
and extended an invitation to the members of the Board and their
wives, to attend the annual dance of the Fire Department, which
will be held on Saturday, March 14th.
Councilman Brush reported that he had attended a meeting of the
Town planning Board, held on May 2nd, where, in addition to
holding a public hearing on the matter of the approval of a
subdivision plat submitted by GB and EM Realty Corp. , the Board
members listened to suggestions of several builders for certain
changes they would like to see made in the proposed Requirements
for Approval of Subdivision plats in the Town of Mamaroneck. ,
The Board then took. up the matter of the proposed new Town Hall
and Councilman McKeever suggested that the plans which had been
prepared some time ago should receive some consideration.
The Board decided to postpone action on this matter until the
next meeting.
Councilman Bane stated that he would propose a resolution at the
next meeting of the Board, to close the Town Office on Saturdays
throughout the year, as has been done in the County of Westchester.
The Supervisor objected to this, stating that there are many '
commuters who would be deprived of the chance to visit the Town
Office if it were closed on Saturdays .
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Councilman Kane said he would bring up the resolution at the next
meeting of the Board, - that he had brought it up at this time in
order to give the Council members an opportunity to consider the
matter because he feels now, as he did last year, that an agenda
should be sent to each member of the Board, prior to the date of
the meeting so they may familiarize themselves with the questions
on which they will be asked to pass, and he cited as examples of
this, the matter of the resolution concerning the 10-year old
caddies on which matter he said he had refrained from voting be-
cause he had not felt that he knew enough about it to vote on it,
and the matter of the suggested resolution which would amend the
Election Law by increasing the election districts to 1,200 instead
of 950 voters . ,fir . Kane feels there is very little knowledge as
to the advisability of this.
The Supervisor stated with reference to these two matters, that
they had just come to his attention tonight, so an agenda would
not have helped in these cases . The Supervisor also stated that
the Clerk always informs the Mamaroneck Daily Times of any im-
portant matters coming before the Council .
No action was taken on this matter.
There was some discussion on the matter of holding Council meet-
ings on scheduled days .
The Clerk urged that a survey be made by an engineering firm of the
number of voters in each district, with a view toward reestablish-
ing district lines . He feels this might solve some of the problems .
Councilman McKeever had nothing to report.
The Town Attorney stated that he had affidavits from Carl C .
Miller, vice President of the County Trust Company, and Deborah
Brown (formerly Paysoure) owner of 72 Byron Place which is known
on the Tax Map of the Town of Mamaroneck as Block 132 Parcel 391.
These affidavits recite that in 1948, she borrowed from County
Trust Company, the sum of $100 to pay a tax lien which was sold
on May 26, 1948, to the Town of Mamaroneck at the Tax Sale then
held, and which was for the sum of $97.38, representing arrears
of 1947 taxes against her property (Block 132 Parcel 391) ; that in
connection with the loan from County Trust Company, she had pur-
chased this lien and assigned it and that subsequently, when the
loan was paid off in 1949, she had received back the note but not
the lien, and that the lien is still open in the name of County
Trust Company as assignee.
The affidavit of Mr. Miller states that County Trust Company took
a collateral assignment of this lien for the payment of the note.
The note is paid and was returned to the maker and the lien should
have been returned ro re-assigned, but it cannot now be found.
Both affidavits stated that due and diligent effort has been made
to find the lien and the affidavit of Mr. Miller states that the
lien has never been assigned and the affidavit of Deborah Brown
says she indemnifies the Town against any loss .
The Town Attorney stated that with the affidavit, the County Trust
--.- Company furnished a satisfaction of the loan and that the parties
request the issuance of a duplicate lien so that the same may be
satisfied .
Upon motion by Supervisor Mandeville, seconded by Councilman
McKeever, it was, upon roll call, unanimously
RESOLVED it appearing that Tax Lien Rio. 1, sale of
May 26, 1948, covering premises known as Block 132
Parcel 391, has been lost and cannot with due diligence
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be found, and that the owners of premises known as Block
132 parcel 391 on the Tax Assessment Map of the Town
of Mamaroneck, have indemnified the `town against any
loss resulting from the production of the original
lien, that a duplicate lien be issued to the County
Trust Company, the holder of said lien by assignment,
so that the same may be surrendered with a satisfaction
to the Receiver of Taxes .
Mr. Delius reported that the bill (Senate Int . 1036, Pr. 1068)
which will enable the Town of Mamaroneck and the Village of Larch-
mont to enter into a contract whereby the Village of Larchmont
Fire Department will cover the Dillon Park area of the Town, has
been signed by the Governor on April 20, 1955, and becomes
Chapter 523 of the Laws of 1955.
The Clerk was instructed to so notify Chief Ianello and to suggest
to him that he and his advisers meet with the Chief and advisers
of the Larchmont Fire Department and prepare a report for the
attention of the Town Board .
The Town Attorney discussed with the Board, the matter of taxes
on property acquired by the Thruway Authority and stated that
the position of the Authority is such that where the property
is acquired by the State before the tax becomes a lien, the taxes
would not be paid and he suggested that the Thruway Authority
be advised to notify the Town authorities at once and before
the School taxes are extended, as to what additional property
they will acquire before September lst .
On motion by Councilman Brush, seconded by Councilman McKeever,
it was unanimously
RESOLVED that the Town Attorney is hereby authorized
to notify the Thruway Authority that the Town desires to
have notice of property to be taken by the Authority before
July 1, 1955, and before the extension of the School
taxes .
There being no further business to come before the meeting, it ad-
journed and immediately reconvened as the Board of Fire Commissioners .
The supervisor presented the Fire Department claims which had been
approved by the Fire Chief and audited by the Comptroller and on
motion by Supervisor Mandeville, seconded by Councilman McKeever,
it was unanimously
RESOLVED that the following described claims be
and they hereby are approved and that the Super-
visor and Comptroller be and they hereby are
authorized to pay the same out of the budget
for the Fire Department :
Chatsworth Oil & Heating Co. , Inc . $ 91 . 65
Fire Chiefs ' Emergency Plan of West . Co. 50.00
Foley Hardware, Inc . 22 .10
Anthony M. Librandi 8. 50
New York Telephone Company 32 .00
Schombert-Rich & Co. 487.00
The state Insurance Fund 2, 576.39
Wesco Fire Equipment & service 158. 60
Westchester Joint Dater Works, No. 1 4 .29
Total 3,430. 53
The Supervisor presented the Fire Report for April, 1955.
There being no further business to come before the meeting, it
adjourned at 10:35 P. M. , to meet again on May 18th./
T n C rk