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HomeMy WebLinkAbout1952_05_06 Town Board Minutes MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARO- NECK, HELD MAY 62 1952) IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, TOWN OF MAMARONECK. Supervisor Mandeville called the meeting to order at 8: 15 P. M. PRESENT: Supervisor Mandeville Councilmen Embury, Kane, Waterman and McKeever ABSENT: None Presence was also noted of the Town Clerk, Mr. Grong, the Town Attorney, Mr. Delius, and the Town Accountant, Mr. Finson. Mr. Emil Severin appeared and addressed the Board with reference to the acquisition of a one-foot reserve strip of land lying between Block 224, Parcel 998, Block 225, Parcel 772, and Bonnie Briar Lane, and submitted a map showing said strip. He pointed out that acquisition of this strip by the Colonel Lyman Bill Estate would open up a large tract of land, approximately 35 acres. He said further that the Bill Estate would accept a quitclaim deed and pay any fair price for the property. This matter was tabled until an opinion could be obtained from Mr. Delius who would attend the meeting later. Supervisor Mandeville introduced Mr. Peter Vise, Vice President of Con- solidated Edison Company, who said his purpose in being at the meeting was to explain his Company' s position and answer any questions regarding the April street lighting bill which was "being filed at a considerably higher rate" . He explained the reason for the increased rate and said that 36 other communities in the County of Westchester have agreed to the increase and have signed new street-lighting contracts. There are only approximately 5 communities which have not signed new contracts and the Town of Mamaroneck is one of these. Replying to a question, he said the new rates have increased the Town' s cost for street- lighting by approximately $35,000. a year. It is not the intention of the Lighting Company to take this matter before the Public Service Commis- sion, according to Mr. Vise. The Supervisor thanked Mr. Vise for his presentation of the situation. T1e Clerk presented and read a letter, dated April 9, 1952, addressed to Owen A. Mandeville by Mrs. Loren R. Dodson, a representative of the Garden Club of Larchmont, with reference to maintaining Parkway property located in the rear of Rouken Glen, as a Nature Study Woods. The Clerk was instructed to acknowledge the letter with thanks. The Clerk presented and read a letter, dated April 4, 1952, from Mr. B. Steinzor, 1116 Jensen Avenue, Mamaroneck, supporting the use of fluorides in the drinding water of the Town. The letter was received and filed. The Clerk presented and read a letter, dated April 16, 1952, from Edward J . Ganter, Commissioner of Finance of the County of Westchester, thank- ing Supervisor Mandeville for the Towns check in the amount of $150,000. which is an advance payment on the 1952 County levy. The letter was received and filed. The Clerk presented and read a letter, dated April 16, 1952, from Mrs. Alvin Dreyer, Secretary of the Larchmont Girls? Scout Council, recom- mending that the area along the Cross County Parkway in the rear of Rouken Glen and extending towards Fenimore Road, be preserved as a Wild Life Sanctuary. The Clerk was instructed to acknowledge with thanks, receipt of the letter. 8-15 The Clerk read from the minutes of the Police Commission of March 311 1952, in which it was recommended that an appropriation of approxi- mately $100. be made to cover the printing of about 100 copies of the Rules and Regulations of the Police Department. On motion by Councilman Embury, seconded by Councilman Kane, it was unanimously RESOLVED that the Police Department be and it hereby is authorized to print 100 copies of the Rules and Regula- tions of the Police Department at a cost of approximately $100. The Clerk presented and read a letter, dated April 28, 1952, from Mr. Gil Allen, Secretary and Treasurer of the Mamaroneck Independent Soft Ball League, requesting financial assistance. On motion by Councilman McKeever, seconded by Councilman Waterman, it was unanimously RESOLVED that the Town purchase soft ball equipment in an amount not to exceed $300. from the appropriation in the 1952 Budget "General Town, Miscellaneous Recreation" , and FURTHER RESOLVED that this equipment be placed at the disposal of the Soft Ball Leagues of the Village of Larchmont and Village of Mamaroneck. The Clerk presented and read a letter,dated April 29, 1952, from Chief Paul A. Yerick, inviting the Town Board to the Annual Departmental In- suection to be held at Headquarters on Saturday, May 2L+, at 8: 310 A. M. The Clerk presented and read a request, dated April 30, 1952, from Mr. Alan M. Kridel, 287 Weaver Street, for permission to erect a close- woven fence varying in height from 4 feet 11 inches to 6 feet 6 inches. The Clerk was instructed to write to the adjoining property owners to learn their views on this. The Clerk stated that he had a request from the Board of Education for use of 3 voting machines for the Annual Class Elections. On motion by Councilman McKeever, seconded by Councilman Embury, it was unanimously RESOLVED that the request of the Board of Education for use of 3 voting machines for the Annual Class Elections be and it hereby is granted. The following reports were received and filed: Fire Report, April, 1952 Town ClerkPs Report, April, 1952 Report of the Westchester Shore Humane Society, Inc. , March and April,1952 Building Report, April, 1952 Attendance Reporty Report APRIL Y(%?1 p ' p y , Statement theoComatrolle952April 1ltolMay 1 195 ° 2 Summary of Receipts and Disbursements as of M 31, 95 Analysis of Budget Appropriations and Expenditures as of March 31, 1952 Analysis of Estimated Revenues as of March 31, 1952 1 The Clerk requested a resolution authorizing payment of $311. to the Election. Inspectors for the Spring Primary. On motion by Councilman Kane, seconded by Councilman Waterman, it was unanimously RESOLVED that the compensation of Election Inspectors for the Spring Primary, held April 22, 1952, be and ---- it hereby is set at $11. The Clerk presented the following bids for 2 Police cars: Bidder 1950 For 1951 Ford 1950 & 1951 Ford Sanford Cook, Inc. 750. Midway Motor Sales $ 1,825. Flinn Motor Corp . 1,850. Chulew Motor Sales 15,600 On motion by Councilman McKeever, seconded by Councilman Kane, it was, upon roll call, unanimously RESOLVED that the bid of Flinn Motor Corp. in the amount of $31,850. for the purchase of one 1950 Ford Custom Tudor, Engine #BOEG154879 and one 1951 Ford Custom Tudor, Engine -#BIEG107461, be and it hereby is accepted. Councilmman Kane and Embury had nothing to report for their departments. On motion by Councilman Embury, seconded by Councilman Kane, it was, upon - -- roll . call , unanimously RESOLVED that the annual compensation of William Celestino, - Patrolman, be and it hereby is fixed at $3,520, effective April 15, 1952; that the annual compensation of John M. Leonard, Patrolman, be and it hereby is fixed at $3,920, effective June 1, 1952; and that the annual compensation of Richard Wir.,ckler, Patrolman, be and it hereby is fixed at $3,920, effective July 15, 1952, in accordance with the regular increment schedule allowed. Supervisor Mandeville recommended the adoption of a resolution providing for sick leave and vacations for per diem employees. On motion by Councilman McKeever, seconded by Councilman Embury, it was unanimously RESOLVED that this Board adopts the following rules pro- viding for vacation and sick leave for per diem employees pursuant to authority in Section 92 General Municipal Law as amended by Chapter 784 of the Laws of 1952: Section 1. General Pr (a) The head of each department shall make a report each month to the Town Clerk for submission to the Town Board, of absences of per- diem employees in his department on forms provided by the Town Clerk. (b) "Continuous employment" shall mean, employment with no interruption except for vacation, sick leave or leaves of absence granted in accordance with this resolution, but in no case to exceed one year. i 19 (c) "Ordinary Sick Leave" shall mean leave of absence on account of sickness, accident or disability for which an employee is not en- titled to weekly or other compensation provided for by the Workmen' s Compensation Law of the State of New York and awarded or allowed by the Workmen' s Compensation Board or its officers having jurisdiction, except the benefits provided by Section 13 of the Workmen' s Compen- sation Law for medical treatment and care. (d) "Sick Leave on account of Injury or Occupational Diseases' shall mean leave of absence on account of sickness or disability due to employment as so determined by the Workmen' s Compensation Board or its officers having jurisdiction under the provisions of the Workmen' s Compensation Law of the State of New York. (e) This resolution shall become effective as of July 1, 1952, and for the purpose of computing time for vacation and sick leave, the year shall continence July 1, 1952. For per diem employees in service on July 1, 1952, the earned accumulated sick leave allowed for years prior to July 1, 1952 shall be equal to the number of years of such allowance multiplied by 6, but not to exceed a total of 30 days. (f) In computing the time allowed for sick leave, or vacation, Saturdays and intervening holidays shall be considered a full working day. A vacation shall be taken when earned, shall not be accumulated, and should be continuous, except that additional vacation earned by more than 10 years' service may be taken at any time. Such vacation shall be granted only at such time as in the judgment of the depart- ment head, the work of his department will permit. (g) If the Town Board grants Sick Leave on account of injury or occupational disability with pay, any award for temporary disability made pursuant to provisions of the Workmen' s Compensation Law, shall be refunded to the Town. Section 2. Vacations Every per diem employee shall be allowed a vacation with pay of 12 working days per year after one year of continuous service and 18 days per year after 10 years of continuous service. Every per diem employee continuously employed not less than 6 nor more than 11 months, shall be allowed one day of vacation with pay for each full month so employed. In addition, all per diem employees continuously employed not less than one year shall be allowed a vacation with pay on the following holidays: Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year' s Day and Decoration Day. Section 3• Ordinary Sic Any per diem employee who has been continuously employed for not less than 6 months shall be granted sick leave for a period not to exceed 12 working days in any year. If any such employee does not use the full allowable sick leave in any such hear, the time not used may be accumulated from year to year, not, however, to exceed 30 work- ing days. Such ordinary sick leave may be granted by the head of the de- partment who may require such employee to submit a certificate of a physician before granting the third or any subsequent day' s sick leave. 821 Section Sick Leave on Account of Injury or Occupational Disability A per diem employee is on sick leave while receiving compensa- tion for temporary disability, as defined in the Workmen' s Compensation Law of the State of New York. The Town Board, upon recommendation of or report made by the head of the department, may grant full pay during such disability. The occurrence of any such injury or disability shall be immediately reported by the head of the department to the insurance carrier for Workmen' s Compensation Insurance and to the Town Clerk for submission to the Town Board. Section 5 . The Town Board may, upon recommendation of the depart- ment head; give special consideration to any request or application for sick leave or vacation not otherwise allowable under this resolution. Section 6. The resolution adopted by the Town Board on June 17, 1942, granting vacations to per diem employees, is hereby declared to be superseded by this resolution and shall be rescinded as of July 1, 1952• On motion by Councilman Embury, seconded by Councilman Waterman, it was unanimously RESOLVED that the Town Office be closed on Saturdays from May 31 to August 31, 1952, both inclusive. Supervisor Mandeville requested a resolution increasing the salary of Mrs. Winifred Taylor, Public Health Nurse. On motion by Councilman Kane, seconded by Councilman Embury, it was unanimously RESOLVED that the salary of Winifred Taylor, Public Health Nurse, P. T. , be and it hereby is increased from $1, 670. to $1,830. effective as of May 1, 1952, FURTHER RESOLVED that the Compensation Plan of the Town of Mamaroneck be and it hereby is amended as follows: Maximum Minimum Public Health Nurse (P. T.) $1,500 . $1,900. Supervisor Mandeville presented an estimate, dated April 28, 1952, in the amount of $762.57 for installing a µ" water main in Dudley Lane, Town of Mamaroneck. On motion by Councilman Waterman, seconded by Councilman Kane, it was unanimously RESOLVED that the Westchester Joint Water Works, No. l be and it hereby is authorized to install, as per esti- mate dated April 28, 1952 in the amount of $762.57, a four-inch water line from the present connection in Dudley Lane as shown on Map of Glen Eagles Ridge Section 1, be- longing to Rockledge Holding Corporation, made by A. J. Foote, dated March 28, 1952 and filed March 31, 1952 in tYe County Clerk' s Office, Division of Land Records as Map 7626, for a distance of 280 feet north to connect with proposed houses to be built in that area, provided, how- ever, that prior to the installation of such water con- nection, an easement in such form as shall be approved by the Westchester Joint Water Works, No. 1 and the Town Board of the Town of Mamaroneck, shall be granted and conveyed to the Town of Mamaroneck. 823 Referring to the matter of the request by Reuben Sirlin, Esq. for refund to Mr. Lancia of the amount spent by him to install water mains to his houses in Lancia Lane, the Supervisor read a letter, dated March 31, addressed to George P . Forbes, Esq. by the Super- intendent of the Water Company, explaining that the refund had never been authorized by the Town and that Mr. Lancia had been instructed by the Superintendent (Mr. Thrasher) to enter into an agreement with the Town of Mamaroneck for this refund. On motion by Councilman McKeever, seconded by Councilman Embury, it was unanimously i RESOLVED that the next auction sale of Town-owned property will be held June 11, 1952, in the Council Room of the Weaver Street Fire House, Town of Mamaroneck at 7:45 P. M. Supervisor Mandeville presented a revised schedule for the collec- tion of rubbish in the Town of Mamaroneck which had been drawn up by the Superintendent of Highways. It was his recommendation that this schedule be adopted because of the cost of the present one. (6 days a week) Following discussion, on motion by Councilman McKeever, seconded by Councilman Waterman, it was unanimously RESOLVED that this Board approves the recommendations of the Superintendent of Highways pertaining to the collection of rubbish and debris, which recommendations are as follows: Rubbish will be collected on the 1st and 15th of each month and at no other time, from the 1st of April to the lst of November; If these dates fall on a Saturday, Sunday or holiday, collections will be made the following day; All rubbish shall be placed on the curb in containers the preceding evening. No special pickups will be made after the collector has gone through a street; No debris of any sort shall be placed within the boundaries of any street at any other time; Contractors and gardeners must remove their own rubbish and debris; FURTHER RESOLVED that the Police Department enforce Chapter VII, Section 3 of the General Ordinances prohibiting the dropping and depositing of refuse and rubbish in any street, road or highway, warning each first offender. Supervisor Mandeville presented a letter dated April 22, 1952, received from the New York State Employees' Retirement System, stating that a survey to determine the cost of a 25 year plan for Firemen and Policemen of the Town, had been completed. After discussion, Mr. Finson was instructed to take this matter up with Chief Yerick. Councilman McKeever complimented the Superintendent of Highways for the splendid job he is doing in covering the sewer ditches in the Town. 5 The Town Attorney presented an agreement between the Village of Mamaroneck and the Town of Mamaroneck which had been signed by the M s Village Manager of the Village of Mamaroneck on April 18, 1952• The agreement is made pursuant to the provisions of §162 of the Tax Law and it provides that in the Tax Foreclosure in rem, now pending and brought by the Village of Mamaroneck, certain parcels of property, against which there are unpaid Town taxes, may be sold by the Village of Mamaroneck, free and clear of all taxes and then further provides for a division of the proceeds of any re-sale by the Village in the same manner and subject to the same provisions as are now in force with regard to properties foreclosed by the Village. The properties involved are as follows on the Tax Assess- ment Map of the Town of Mamaroneck: Town Village Block Parcel Section Block Lot Serial Nom 8 35 17 4 8 35 18 5 8 35 19 6 815 199 8 35 19,18,17 832 800 8 78 41A 7 9 23 33 8 911 544 �9 23 34 9 922 Harbor Road on Map 9 67 Road 10 of Orienta Shore Hills, R. 0 . 1680 962 209 9 105 27227A,28 15 ) 9 105 95 16 9 105 96 17 9 105 97 18 962 338 9 105 98 19 ) 9 105 99A 20 ??) 9 105 111A 21 On motion by Councilman Kane, seconded by Councilman McKeever, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to sign the above described agreement with the Village of Mamaroneck and that the Clerk is hereby instructed to deliver a copy, when so signed, to the Village Clerk. The matter of the one-foot strip (Section 2, Block 9A, Lot 408B, Block 224, Lots 771, 772) was left with Mr. Delius for recommendation. The Board discussed with Mr. Delius, the question of the new Lighting Company rates and the advisability of signing a -contract. Mr. Delius stated that if the Town does not sign this contract, the Lighting Com- pany could file a tariff for street lighting with the Public Service Commission which, of course, would be the tariff rate reflected in the contracts which most of the Towns and Villages in Westchester County have signed. 7 In that case, the Public Service Commission would probably accept this tariff and it would be up to the municipality to bring a proceeding to have these rates declared unreasonable. In this case they would have the burden of proof and would have to hire experts which might be very expensive. The Supervisor said he feels that eventually the Town will have to go along with the other municipalities. However, no action was taken. There being no further business the Town Board meeting adjourned at 10:45 P � M. to meet again on May 21, 1952, and reconvened immediately as the Board of Fire Commissioners. Councilman Waterman submitted the Fire Department claims, approved by the Fire Chief and audited by the Comptroller. The members of the Town Board, sitting as the Board of Fire Commis- sioners, considered the claims and on motion by Councilman Waterman, seconded by Councilman Kane, 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 authorized to pay the same out of the Budget for the Fire Department: Henigsonts Lumber Company 8.05 Crossroads Auto Parts Dist. Co. 4.38 N . Y. Telephone Company 68.00 Total $80.43 There being no further business the meeting of the Board of Fire Com- missioners adjourned at 10¢ 50 P . M. to meet again on May 21, 1952. own lerk