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HomeMy WebLinkAbout1952_10_01 Town Board Minutes 1 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARO- NECK, HELD OCTOBER 1, 1952; IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. Supervisor Mandeville called the meeting to order at 8: 15 P . M. PRESENT: Supervisor Mandeville Councilmen Embury, Pane, Waterman and McKeever ABSENT: None Presence was also noted of Mr. Delius, Town Attorney; Mr. Finson, Town Accountant; Mr. McEvoy, Assessor and Building Inspector; and Mr. Gronberg, Town Clerk. The Supervisor stated that the regular order of business would be dispensed with in order to hear those present. He said he would hear first from the people of the Dillon Park area inasmuch as their complaint had been carried over from the previous meeting . Mr. Robert E. Thompson, 49 Dillon Road, acted as spokesman for the g rou p Y and said the would like to learn the decision reached by the Committee of Dillon Park residents who had met with Councilman Kane. Mr. Kane stated that they had had several meetings and inspected various possible dump sites. In the meantime, the present dump has been cleaned and some of the unsightly existing conditions have been corrected. As of now and for the immediate future, dumping will be continued at the present site . --- Mr. Thompson said he understood the purpose of the meeting and appointment of the Committee had been to re-locate the dump. Supervisor Mandeville told the residents that the inconvenience from which they are suffering has been visited upon many other areas of the Town for the last 25 years. In each case, after a year or two, of dumping and filling, useful areas have replaced the original swamp areas . When asked how long it will take to complete the project, the Super- visor said he believed at present it is about half finished. He also informed the residents that the Town will try to change the trucking route to the dump as soon as possible. On the subject of rats, he stated that an exterminator is at the dump 3 times a week. Mr. John Mann, Wildwood Circle brought up the matter of the closing of the Pryer Manor bridge. Councilman Kane informed Mr. Mann that it had been declared unsafe and closed by the City of New Rochelle which is one of the three municipalities having jurisdiction over the bridge, the other two being the Village of Larchmont and the Town of Mamaroneck. Mr. Harvey A. Raasch, 19 Lafayette Road-, accompanied by another resi- dent of Lafayette Road, appeared and addressed the Board on the sub- ject of closing Lafayette Road. He said that he considered the present situation to constitute a hazard because of the condition of the street which is uneven, due to settling which he said is caused by traffic, and also because of children in the neighborhood -who play in the street. The Board discussed the matter at some length and it was pointed out that since it was considered by the Board some time ago, conditions have changed insofar as the Town has improved and opened Garfield Street from Fifth Avenue to North Chatsworth Avenue, thus providing a more direct route from New Rochelle via Fifth Avenue to Larchmont, and for that reason the residents in the neighborhood would not be seriously inconvenienced by closing the street. Mr. Embury said his stand on the matter has changed since it ori- ginally came before the Board because of the opening of Garfield Street and he now believes it would be a good idea to try closing the road. The Supervisor said the Fire and Police Departments will be agreeable to closing the street as otherwise a problem will arise because of the necessity of replacing the water and sewer pipes, as the road is seriously in need of repair. He said there had been a public hearing on the matter and, although it was given considerable publicity and study, there was only one person who objected. Mr. Waterman suggested a temporary closing of the road for, perhaps, six months. Mr. McKeever said that he is not in favor of closing the road at this time as he feels that children live and play on every street in the Town and he is convinced that it is not traffic which is causing the road to settle. It was finally decided to refer the matter to the Superintendent of Highways and on motion by Councilman Embury, seconded by Councilman Waterman, it was RESOLVED that if the Superintendent of Highways finds that the street known as Lafayette Road which runs from North Chatsworth Avenue to Fifth Avenue, is unsafe, he is authorized to temporarily close said street for a period not to exceed o months, to the extent of placing barriers across said street at the point selected by him and considered most suitable but at a point north or northeast of the intersection of Lafayette Road and Garfield Street so as to allow traffic to pass from Fifth Avenue by way of Garfield Street into North Chatsworth Avenue. FURTHER. RESOLVED that the Superintendent of Highways be and he hereby is authorized to erect all necessary safeguards in connection with the closing of such street and for the diversion of traffic and the protection of vehicles and pedestrians. FURTHER RESOLVED that this resolution is subject to approval or recommendation made by the Fire and Police Departments. A vote taken on the above resolution resulted as follows: AYES: Supervisor Mandeville Councilmen Embury, Kane and Waterman NOES: Councilman McKeever Mr. William Donovan, an attorney from White Plains, representing Mr. Walter E . Hager, 2 Kermare Road, appeared submitting a profile of Mr. Hager° s property and requested approval of the Board to the granting of a curb-cut permit in connection with premises owned by Mr. Hager, in order that a driveway may be constructed. Pictures taken by the Police Department were also submitted to the Board. 3 At the suggestion of Supervisor Mandeville it was decided that the Board members would meet and inspect Mr. Hagerls property and infor:. him of their decision. Mr. Irwin Ostis, 123 Griffen Avenue, Scarsdale, Y:. Y. , Vice President of Split Tree Realty Corp. , appeared and asked that permission be given for water connections in the streets shown on 2 maps filed by the Corporation and :=ur as "Amended Map of Part of Section I. Subdi- vision Map of Murdock Woods, Property of George R. Bishop, Town of Mamaroneck, Westchester County, N. Y . ,1' made by Sal Spinelli and dated June 20, 1952, filed in the County Clerkls Office as Map No. 7767, and "Map of Part of Section II, Subdivision Map of Murdock Woods, Property of George R. Bishop, Town of Mamaroneck, Westchester County, Ti, -01f , made by Sal Spinelli and dated August 14, 1952, filed in the County Clerkls Office as Map No. 7830. The Supervisor presented an estimate from the Westchester Joint Water Works, showing that the project would require installation of 1,320 feet of 899 pipe and 360 feet of 61' pipe which would serve approximately 14 houses and that the cost of installing this pipe, including all incidental charges, provided that the property= owners furnish the trench, will be a total of $6,433.48. On motion by Councilman Waterman, seconded by Councilman McKeever, it was, upon roll call, unanimously RESOLVED that the Town Board hereby approves the usual agreement between the Westchester Joint Water Works, No. 1, George R. Bishop and/or Split Tree Realty Corp. , and the Town. of Mamaroneck, for the installation of a water lire as above described in private streets known as Murdock Road, Split Tree Road, and connecting streets as shown on the map above referred to, provided that the owners -- furnish the trench and deposit $6,433.48 with the West- chester Joint Water Works, to cover cost of pipe in- stallation. 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 &.mount of the deposit is refunded, whichever event shall first occur. FURTHER RESOLVED that this agreement and. the installation of the water line are conditioned upon conveyance to the Town of a proper pipe easement. The minutes of August 6th and those of September 4th were approved as presented. The Town Clerk read a letter from A. J . Foote, Engineer, retained by the Town in connection with the construction of a sewer pump station, and force main in Fenimore Road, in which he recommended that the Board accept the lowest of the bids which were opened by this Board at the meeting held September 4, 1952, that is to say, the bid from Croye Construction Co. for the pump station and the Grand Street Sewer con- nection in the amount of $37,780, and the low bid for the force main which is the bid of Fred Girardi Construction Corp. in the amount of $17,722.30. He noted, however, that the original estimate had been $40,000 for the entire job and that he would not advise the Town Board to award the contract unless the Town Attorney approved. i The Town Attorney then stated that the public notice, pursuant to Sec- tion 202b of the Town Law, for a public hearing held on December 19, 1951, which was authorized by resolution of this Board adopted December 5; 1951, and which hearing was for the purpose of considering the map, plan, and estimates submitted by A. J . Foote, then Town Engineer, in connection with this project, had stated that the estimated expense was $[40,000. In view of that he had recommended that a new notice of hearing be published, pursuant to Section 202b of the Town Law. -- The Town Clerk then. presented the revised notice of hearing which states that the estimated expense of constructing the pumping plant, including Grand Street Sewer, and force main is $61,000 and he stated that this had been published on September 18, 1952 and posted in 5 public places . The proof of publishing and posting this notice was filed and no one appearing in pursuance of this notice, the Town Attorney advised the Board that they might accept the bid as recommended by the Engineer. On motion by Councilman McKeever, seconded by Councilman Embury, it was, upon roll call, unanimously RESOLVED that the Board hereby determines that the following are the lowest bids received: For the Fenimore Road Pump Station and Grand Street Sewer, Section A, Croye Construction , Corp. $37,780.00 For Fenimore Road Force Main, Section B. Fred Girardi Construction Co. 172722.30 FURTHER RESOLVED that this Board hereby awards the bids for the construction of sewer pump station and force main in Fenimore Road, Mamaroneck, New York, which bids were received pursuant to notice duly -- published and which were opened at a meeting held by this Board on September 4, 1952, as follows: (these being the lowest bids received) For the construction of the Fenimore Road Pumping Station, including Grand Street Sewer, Section A, to Croye Construction Co, Mount Vernon, N. Y. , for a, total of 37,780.00 For Fenimore Road force main, Section B. to Fred Girardi Construction Corp. for a total of 171722.30 FURTHER RESOLVED that the Town Attorney is instructed to obtain signature of the necessary contracts by the successful bidders and the completion bond which is required by the notice and instruction to bidders. FURTHER RESOLVED that the checks deposited by the unsuccessful bidders be returned to them. FURTHER RESOLVED that the resolution of this Board, adopted December 19, 1951, be amended so as to recite that the estimated cost of the construction of the pumping station and force main will not exceed $61,000, instead of $40,000, and providing that, on the basis of such estimate of $61,000, this Board decides and finds that it is in the public interest to increase and improve the facilities of Sewer District No . 1 in the Town of Mamaroneck by the construction of the said pumping station and force main, 3 The Town Clerk read a letter from Great Universal Stores, Inc ., request- ing that they be allowed to purchase, by assignment, tax liens which the Supervisor of the Town purchased at the sales held in May of 1948, 19493 1950, 1951, and 1952, covering premises as listed on schedule attached to letter dated September 16, 1952, received from Great Uni- versal Stores, and received and filed. After discussion and upon motion by Councilman Waterman, seconded by Councilman McKeever, it was unanimously RESOLVED that the request of Great Universal Stores, Inc. (Harold Shapiro) be and it hereby is denied. The Town Clerk read a petition from Thomas J . McEvoy, Assessor, made pur- suant to subdivision 11 Section 557 of the Westchester County Adminis- trative Code, stating that an error had been made on the 1952 assessment roll in connection with Block 905 Parcel 303• The land is assessed to the New York, New Haven and Hartford Railroad Company and the roll shows a structure belonging to the Colonial Sand Company on this property. Actually, the structure was removed from the premises prior to June 1, 1952 and the assessment upon the building for $2,500 should, therefore, be removed. Upon motion by Councilman McKeever seconded by Councilman Waterman, it was unanimously RESOLVED that correction be and it hereby is made to the Assessment Roll of 1952, pursuant to Section 557 of the Westchester County Administrative Code so as to eliminate the assessment of $2,500 upon building formerly on premises known as Block 905 Parcel 303. The Clerk presented a letter dated September 8, 1952, received from Mrs. Henry Reichgott relative to the 8 A. M. siren. The letter was referred to Fire Chief Erickson for report and recommendation. The Town Clerk presented and read a letter, dated September 10, 1952, signed by Patrolmen James Staropoli, James Mancusi and Christopher Lovely, thanking the Board for granting to them the privilege of joining the 25-year retirement plan with its greater benefits. For the record., the Town Clerk presented a resolution of the Board of Trustees of the Village of Larchmont approving the refund of y$105 . deposited by Oliver M . Oake on his bid made at the Town auction sale for the purchase of premises known as Block 619, Parcel 11. The following reports were received and filed: Statement of Fordham Transit Go., Inc . for the 6 month period ending June 30, 1952 Report of Westchester Shore Humane Society, August, 1952 Building Report, September, 1952 Attendance Report, August, 1952 Statement of Bank Balances as of October 1, 1952 List of Claims Audited and Paid by the Comptroller from September 11 1952 to October 1, 1952 Summary of Receipts and Disbursements as of August 31, 1952 Analysis of Budget Appropriations and Expenditures as of August 31, 1952 Analysis of Estimated Revenues as of August 31, 1952 Councilman McKeever 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 Councilman McKeever, seconded by Councilman Kane, the following resolution 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, Article 16 of the Westchester County Administrative Code, known as the Westchester County Tax Laws and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roll, NOW, THEREFORE, BE IT RESOLVED that the assessment roil of 1951, School taxes of 1952 and the Assessment Roll of 1952, taxes of 19531 which show property now appearing on the roll as follows: Block Parcel Name Land only 312 130 Elizabeth Berringer $92000 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel .Name Land only 312 130 Elizabeth Berringer 7,000 312 140 Rockledge Holding Corp. 21000 FURTHER RESOLVED that the assessment roll of 1951, School taxes of 1952, and the assessment roll of 1952, taxes of 1953, which show property now appearing on the roll as follows: Block Parcel name Land only 956 350 Damon Polcini 14,400 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 956 350 Vivian G . Prins & IT. 4, 800 956 362 Cornwall Const. Corp. 9,600 Councilman Kane suggested the installation of a traffic light at the corner of Boston Post Road and Dean Place. The Clerk was instructed to take this matter up with Chief Yerick. Councilman Embury read a letter dated October 1, 1952, from the Board of Police Commissioners, listing 3 bids received for the replacement of garage doors at Police Headquarters, and recommending the low bid of John A. Nye in the amount of $ 395. On motion by Councilman Embury, seconded by Councilman McKeever, it was unanimously RESOLVED that upon recommendation of the Police Com- mission, the bid of John A . Nye, Rye, N. Y. , in the amount of $$395 for the installation of 3 Crawford, over-head type doors for the garage at Police Head- quarters, be and it hereby is accepted. The Supervisor presented a resolution passed by the Board of Trustees of the Village of Mamaroneck approving the sale of properties acquired by the Village in its foreclosure proceeding in rem and requesting the Town Board' s approval. 3 On motion by Councilman McKeever, seconded by Councilman Embury, the following resolution was, upon roll call, unanimously adopted: tiJriEREAS, the Village of Mamaroneck, through the institution of an action in the County Court of Westchester County, entitled "In the Matter of the Foreclosure of Tax Liens pursuant to Article VII-A, Title 3 of the Tax Law by the Village of Manaroaaeck, List of Delinquent Taxes for 1945", has become and now is the owner of a number of parcels of real estate situate in the Village of Mamaroneck and Town of Mamaro- __ neck; and WHEREAS, both the Village of Mamaroneck and the Town of Mamaroneck held tax liens on said parcels of real property; and WHEREAS ., pursuant to Section 165H of the Tax Law, an agreement was entered into between the Village of Mamaroneck and the Town of Mamaro- neck which, among other things, set forth the interests of said munici- palities in the properties being foreclosed, the manner of the sale of said properties, and the manner of the distribution of the proceeds received from said sales; and WHEREAS, the Village of Mamaroneck has, pursuant to an agreement had with the Town of Mamaroneck, advertised for and has heretofore received bids on certain properties owned by the Town of Mamaroneck as well as on certain properties owned by the Village of Mamaroneck in the Town of Mamaroneck; and WHEREAS, the Board of Trustees of the Village of Mamaroneck has given consideration thereto and after due deliberation, accepted the bids hereinafter listed as to price and terms therein set forth; and WHEREAS, since receipt of said bids, this Board has given con- sideration thereto, and after due deliberation, it is -- RESOLVED that the bids hereinafter listed be accepted at the price and terms therein set forth: LIST OF BIDS ACCEPTED IN SECTIONS 8 and 9 Total Town Village Assessed Blk. Par. Sec. Blk. Lot Bidder Amount Value Terms 813 part of 297 S 15 23, 24, 25226 Mrs . Thomas Fraioli $ 400 11600 Cash 926 part of 16 9 63 13,14, 15,16 Shirley Colety 366 13200 Cash On motion by Councilman McKeever, seconded by Councilman Embury, the following resolution was, upon roll call, unanimously adopted: WHEREAS, the Village of Mamaroneck through the institution of an action in the Supreme Court, foreclosed certain premises known as Section 9 Block 67, southerly 35 feet of Lot 74A on the Tax Map of the Village of Mamaroneck and known as Block 922, part of Parcel 193 on the Tax Map of the Town of Mamaroneck, which foreclosure was subject to taxes and/or tax liens due the Torn of Mamaroneck upon such premises; and WHEREAS, the Village has received a bid for the purchase of said property from Norman and Kathryn Pennicuik in the amount of $846.30, which the Village Board has approved subject to approval by this Board so that taxes due both the Town and Village may be liquidated, i NOW, THEREFORE, BE IT RESOLVED that the bid received from Norman and Kathryn Pennicuik in the amount of $846.30, on premises known as Section 9 Block 67, Southerly 35 feet of Lot 74A on the Tay Map of the Village of Mamaroneck and as Block 922 past of Parcel 193 on the Tax Map of the Town of Mariaro- neck, be and it hereby is accepted and approved. The Supervisor brought up the subject of the adoption of the State Building Construction Code and after discussion, it was suggested that this be reviewed by Councilman McKeever, Mr. Delius, Town Attorney, and Mr. McEvoy, Building Inspector, for report and recommendation, The Town Attorney stated to the Board that Antonio Galvao, 170 Rockland Avenue, who had purchased from the Town a piece of property included in the foreclosure in rein known as Block 403 Parcel. !, had lost the deed which was delivered to him upon payment of the purchase price, without having first recorded it and that he desired to obtain a duplicate deed. His deed was dated August 31, 1951. On motion by Councilman Embury, seconded by Councilman McKeever, it was, upon roll call, (Councilman Waterman not voting) unanimously RESOLVED that the Town Attorney is instructed to prepare a duplicate deed to Antonio Galvao to property known as Block 403 Parcel 1, and the Supervisor is authorized to sign_ the same for delivery to Mr . Galvao, Mr. Delius was instructed to write a letter to Mr . Thomas Manville, asking him to remove the Fire Chief' s shield from his car, said letter to be signed by Fire Chief Ericson. This meeting adjourned at 10: 50 P . M. to meet again on October 15th, and immediately reconvened as the Board of Fire Commissioners. Mr. Waterman presented the Fire Department claims which had been approved by the Fire Chief and audited by the Comptroller. 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. A & A Automotive Co. $18.19 American LaFrance Foamite Corporation 3.20 Consolidated Edison Co. of New York, Inc. 29 .92 Reginald Jubb Garage 6.75 McGuire Bros. , Inc. 10.00 G . W. Merrell .45 Merson Clothes, Inc . 40®50 New Rochelle Hospital 7.14 New York Telephone Company 66.00 - Ronconi' s Lawn Mower Service 5.50 The Seagrave Corporation 114®66 The State Insurance Fund 130.76 Richard Thorburn 15 .00 Westchester Joint Water Works ;#1 6.96 Wesco Fire Equipment & Service 76°95 Total $531.98 471 I Mr. Waterman presented the Fir.. Report for September, 1952° There being no further business to come before the meeting, the Board of Fire Commissioners adjourned at 11 P . M. to meet again on October 15th. i wn Lerk