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HomeMy WebLinkAbout1951_02_07 Town Board Regular Minutes 425 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMAROtiECK, HELD IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, TOWN OF MAMARONECK, NEW YORK, ON FEBRUARY 7th, 1951. Supervisor Mandeville called the meeting to order at 8: 15 P . M. PRESENT: Supervisor Mandeville - - Councilmen Embury, Watson and Waterman ABSENT: Councilman McKeever Presence was also noted of Town Clerk Gronberg. The Supervisor announced that the regular order of business would be dispensed with in order to hear from the residents of Lafayette Road who were present. Mr. Donald Hobbs, 97 Madison. Avenue, acted as spokesman for the group and said he was here on a matter which had started in 1948, i.e. the operation of a garage owned by Mr. Patsy Giacomo, in a residential neighborhood. Supervisor Mandeville interrupted to inform Mr. Hobbs that a copy of his letter, addressed to the Supervisor, had been sent to all members of the Board. Mr. Hobbs said he and his neighbors feel that since this matter has been before the Board several times and at one time had been carried to the extent of a declaration that the activity of which they com- plained should be discontinued, there should be some action on it. They are interested in how long it will take to get that action. Mr. Harvey Raasch, 19 Lafayette Road, said that he has a very close interest in this situation, since he has taken over the property to the rear of Mr. Hobbs? home and backing up to Lester Place, directly across the street from Giacomo? s garage. The property extends from Lafayette Road to Lester Place and they have, at present, about 186 feet fronting on Lester Place. He said one of his first observations, since coming here about December lst, was the condition at the back of his place. He took it up with the Assessor' s office and was told to "let it ride" and it would be looked into later. He said he is interested in having the situation cleared up as he may wish to develop the back end of his property. Supervisor Mandeville read a report on this matter by the Town Attorney. Mrs. Donald Hobbs and Mrs. Robert MacCallum wished to go on record as opposing this "nuisance" . The Supervisor reviewed the matter and said that he felt Mr. Giacomo had been most disappointing and uncooperative in his attitude, and "the whole fault in this thing is his" . Supervisor Mandeville ended his remarks by saying, "My last word in this matter to Giacomo is - Correct this situation or else." The residents from Lafayette Road left the meeting at this point, as did Mr. Giacomo who was also present. Supervisor Mandeville stated that Mr. Munn Brewer was present con- cerning the purchase by Carnoy Construction Corporation, at the auction held February 5th, 1951, of property known as Block 226, part of Parcel 1, which purchase is subject to the approval of the Town Board. 427 The Supervisor read a report dated February 2nd, 1951, received from Mr. Delius, stating that he had prepared a form of contract which had been approved by himself and Mr. Carnoy' s attorney, as well as by Mr. Foote, !own Engineer, and attached to the contract were specifications for the construction of a road and bridge, approved by Mr. Foote. The Supervisor read a report of the properties sold at the auction. I The property, for which Carnoy-Wolter Construction Corporation bid, was advertised for sale by separate notice, indicating that a bid of $500. had been made upon certain conditions to be performed by the purchaser, which included the construction of a bridge giving access to Fenimore Road; rough grading of a proposed street; construction of 5 houses within one year; and the deposit of funds necessary to secure the extension of water mains into the property by Westchester Joint Water Works. Supervisor Mandeville recommended approval of this bid and upon motion by Councilman Embury, seconded by Councilman Watson, it was, upon roll call, unanimously RESOLVED that the offe°r- of Carnoy-Wolter Construction Corporation, to purchase property known as Block 226, part of Parcel 1 on the Assessment Map of the Town of Mamaroneck, for $500. be and the same hereby is accepted on condition that the purchaser enter into a contract satisfactory to the Town Attorney and the Town Engineer, embodying the terms of this purchase and the various conditions upon which it is made. On motion by Councilman Embury, seconded by Councilman Watson, the following resolution was, upon roll call, unanimously adopted: -- WHEREAS, the Town 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 Town of Mamaroneck, List of Delinquent Taxes for 1947", has become and now is the owner of a number of parcels of real estate situate in the Unincorporated Section of the Town of Mamaroneck; and WHEREAS, the Town of Mamaroneck advertised for bids and held a public auction on February 5th, 1951, and received bids on certain of said parcels of real estate now owned by the Town of Mamaroneck; and WHEREAS, since the receipt of said bids, this Board has given careful consideration 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 1 to 5 INCi�USIVE Block Parcel Purchaser Assessed Value Sales Price Terms 204 180 Wilfred R . Kahn $ 32000.00 $ 1,000.00 Cash 156 3 Bellain Avenue 32500.00 1,666.67 Cash - Harrison, N. Y. 116 1 Margerite F. Banks 1.00 1.00 Cash Larchmont, N. Y. 429 FURTHER RESOLVED that the Supervisor is authorized and directed to execute and deliver deeds to these parcels in accordance with the terms and contracts of sale and the Town Attorney is authorized to take all steps neces- sary to complete the sale and transfer these parcels. The Town Clerk presented and read the affidavit of publication of notice of public hearing on an amendment to Article 19, Section 96 of the Building Code. On motion by Councilman Watson, seconded by Councilman Embury, it was unanimously RESOLVED that Article 19, Section 96, Subdivision 2 (a) of the Building Code of the Town of Mamaroneck, as last amended by resolution of the Town Board adopted May 31 1939, is hereby further amended so as to read as follows: 2. Exemption. (a) The provisions of this article shall not apply to a wall sign not exceeding one square foot of display surface on a residence building, stating only the name and profession of an occupant; nor to a wall sign not exceeding one square foot of display surface on a public building, giving the name, nature of the occupancy and in - formation as to the conditions or use or admission; nor to a wall sign, the dimensions of which do not exceed one square foot in area, advertising the sale and/or rental of premises upon which it is maintained; provided, however, that the exemption as to wall signs shall not apply to any sign which projects over any building or street line and all such pro- _ jecting signs shall be subject to the regulations contained in this article. --- FURTHER RESOLVED that the Town Clerk publish the aforesaid amendments to the Building Code of the Town of Mamaroneck in the Mamaroneck Daily limes, the official newspaper here- tofore designated, and post printed copies thereof in at least three public places of the Town as provided in Section 133 of the Town Law, and that an affidavit of the publishing and posting thereof be filed with the Town Clerk. The minutes of December 27th, 19505 January 3rd and January 17th, 1951, were approved as presented. The Town Clerk presented a letter, dated February 4th5 1951, received from Mr. Arthur M. Brown, Secretary of the Fire Department, inviting the members of the Town Board to the Annual Dinner of the Fire Depart- ment. The invitation was received with thanks and the members of the Board made note of the date. The Town Clerk read a letter dated January 27th, 1951, received from Mr. B. J. Santoro, thanking the Board for its resolution regretting his resignation as Mayor of the Village of Mamaroneck. The Clerk read a letter dated January 26th, 1951, received from Jeffer- son- Chatsworth, Inc., owners of No. 21 North Chatsworth Avenue, Larch- mont, advising the Board of a dangerous condition which exists in the rear of their building, namely a large tree leaning against said -- building and also loose rocks in the back of the building. The letter goes on to request that the owner in the rear be made to correct this condition. The matter was referred to the Town Engineer for correction. i The Clerk presented a letter dated January 26th, 1951, received from Mr. A. J. Foote, Town Engineer, stating that both he and Chief Yerick recommend the installation of a new and stronger street light at the corner of Weaver Street and Maple hill Drive and also one at the corner of Myrtle Boulevard and Cabot Road. The additional annual operating cost for both lights will be $49. and the estimated invest- ment cost will be $113.80. On motion by Councilman Embury, seconded by Councilman Waterman, it was unanimously RESOLVED that the Town Engineer be and he hereby is authorized to have installed at the corners of Weaver Street and Maple Hill : Drive and Myrtle Boulevard and Cabot Road respectively, a 4,000 lumen lamp at an annual operating cost of $49. and with an investment cost of $113.80 for both lamps. The Town Clerk reported that Mr. Frank O'Brien had contacted the residents in the vicinity of the trees in Cooper Lane which had been the subject of some correspondence addressed to the Board by Chief Yerick and Mr. Foote, and it is the wish of these people that the trees be allowed to remain. CounciLman Embury suggested that one of the trees might be fitted with a reflector and the Town Clerk was instructed to notify the Police Commission of the wish of the residents and the recommenda- tion of the Board. The following reports were ordered received and filed: Building Report for January, 1951 Report of Receiver of Taxes and Assessments, January, 1951 Town Clerk' s Report, Jar_uary, 1951 Report of Westchester Shore Humane Society, Inc., January, 1951 — Attendance Report, January, 1951 Annual Report of the Fire District Treasurer Annual Report of the Supervisor Statement of Bank Balances as of February 1st, 1951 List of Claims Audited and Paid by the Comptroller, January 3rd to February 7th, 1951. For the record, the Town Clerk presented the affidavit of publication and affidavit of posting of an amendment t6 Article VI, Section 2 of the General Ordinances and Article 1, Section 3 of the Building Code. The Town Clerk presented Bond. No. 5336231A in the amount of $1,100. covering funds to be received by the Town in connection with State Aid under Section 283 of the Highway Law, which bond has been approved by the Town Attorney as to form. On motion by Councilman Waterman, seconded by Councilman Watson, it was unanimously RESOLVED that Bond No. 5336231A in the amount of $1,100. is approved as to form and the Supervisor is hereby authorized to execute and file the same pursuant to law. The Town Clerk reported that, in response to a request for bids to purchase one 1946, 2-door Sedan, one bid had been received from Chulew Motor Sales, Inc. in the amount of $450. This bid was re- - ferred to Mr. A. J. Foote, Superintendent of Highways, for recom- mendation. The Town Clerk presented a list of claims for Fire Department expen- ditures which had been checked by Chief Burton and audited by the Comptroller. 433 i i 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 Embury, 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. 16.34 Bloomingdale Brothers 86.10 Francis C . Carr & Co. , Inc. 346.52 Chatsworth Oil & Heating Co. , Inc. 228.13 Foley Hardware 27.09 Goldies Cut Rate Store 46.93 Harrison Roofing and Tinning Co. 225.50 Keeler Associates 429.65 William B. Lemon 172.50 0 . Mueller, Inc. 6.87 McGuire Bros., Inc. 5.00 New York Telephone Company 106.56 M. & N. Nirenberg 4.00 Richard Tnorburn 102.00 Westchester Lighting Co. 1.00 X61,804.19 Councilman Watson 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 Watson, seconded by Councilman Pmbury, the following resolution was adopted: (Supervisor Mandeville not voting) WHEREAS, the Assessor has presented petitions for the correc- tion of the assessment roll for certain years, pursuant to the provi- sions of Section 557, Article 16 of the Westchester County Adminis- trative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roil, NOW, THEREFORE, BE IT RESOLVED that the assessment roll of 1950, taxes of 1951; which shows property now appearing on the roll as follows: Block Parcel Name Land only 304 922 Jacob Ackerman & W $12800 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 304 946 Gordon Kehler & W 200 304 922 Jacob Ackerman & W 1,600 FURTHER RESOLVED that the assessment roll of 1950, taxes of 1951, which shows property now appearing on the roll as follows: Block Parcel Name jAnL only 827 453 William H. Fritz 3,000 435 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 827 453 John Vis $ 750 827 456 William H. Fritz 21250 FURTHER RESOLVED that the assessment roll of 1950, taxes of 1951, which shows property now appearing on the roll as follows: Block Parcel Name Lard only 407 54 Andrew Wilson; 3rd 1,000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 407 54 Frank M. Brookfield & W 15 407 60 Arthur M. Deacon & W 20 407 62 Bernard E. Neary & W 30 407 68 Alexander R. Gillis & W 65 407 73 Wells H. Barnett, Jr. & W 80 407 76 William H. Conklin & W 60 407 79 John H. Galvin & W 80 407 901 John C. Merritt & W 90 407 82 Andrew Wilson, 3rd 560 FURTHER RESOLVED that the assessment roll of 19502 taxes of 1951, which shows property now appearing -- on the roll as follows: Block Parcel Name Land only 412 411 Wm. T. Wood Estate 6,500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 412 436 Joseph Piampiano 5,000 412 411 Est of -Wm. T. Wood 1, 500 Councilman Watson also presented the following petition received from the Assessor for the correction of the assessment roll so as to per- mit the apportionment of taxes and on motion by Councilman Watson, seconded by Councilman Embury, the following resolution was adopted: (Councilman Waterman not voting) WHEREAS, the Assessor has presented a petition for the correction of the assessment roll for certain years, pursuant to the provisions - of Section 557, Article 16 of the Westchester Coundy Administrative Code, known as the Westchester County Tax Law; and - " WHEREAS, after due consideration, this Board finds it desirable to grant said petition for the correction of said assessment roll, i NOW, THEREFORE, BE IT RESOLVED that the assessment roll of 1950, taxes- of 1951, which shows property now appearing on the roll as follows: Block Parcel Name Land Imp. Total 211 333 Highridge Realty Co. 122650 15,250 27,900 I 137 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imo. Total 211 900 Jeremiah C . Waterman 100 100 211 333 Highridge Realty Co. 12050 15,250 27,800 Councilman Watson reviewed the December report of the Westchester - County Department of Health. Councilman Embury read a letter dated February 6th, 1951, received from Mr. Cecil W. Borton, Chairman of the Board of Police Commis- sioners, requesting that Chief Yerick be authorized to obtain the loyalty oath from those who wish to enlist in the Auxiliary Police and also to arrange to have instruction classes at the Department. Following discussion and on motion by Councilman Embury, seconded by Councilman Waterman, it was unanimously RESOLVED that Chief Paul A. Yerick be and he hereby is authorized to obtain the loyalty oath from those enlisting in the Auxiliary Police Unit and to arrange to have instruction classes held at Police Headquarters. Councilman Embury presented and read a letter dated February 5th, 19511 received from Mrs. Grace Knight, One Highwood Way, suggesting the ex- tension of Woodland Avenue to Palmer Avenue, as a. means of relieving congestion when cars are trying to turn left out of Depot Way East on to Palmer Avenue. The letter was received and filed. Chief Burton presented the Fire Report for January, 1951; the Annual Report for 1950; and a Report of the Number of Alarms and Amount of Damage by Fires for the last 10 years. Chief Burton submitted the following bids for a new roof on the Fire House, stating that, in his opinion, this work should be done now if possible. The bids were as follows: New Rochelle Roofing Cornice and Skylight Works, Inc. $1,500. Harrison Roofing and Tinning Company 12535. The members of the Board felt that a new roof is necessary but on the suggestion of Supervisor Mandeville that the bids should contain a guarantee of a watertight roof for at least 3 years, this matter was put over until the next meeting. Chief Burton also submitted a bid in the amount of $165 . received from Frank Valle for repairs to the Auditorium which has been damaged by leaks in the roof. This bid was also laid over until the next meeting. Chief Burton also reported that the Air Raid system is complete and will be tested on Saturday. he further stated that all paid personnel and equipment is in excellent condition and that there should be no dismantling of this equipment. He went on to say that it is excellent and adequate. The Supervisor reported that the office of Building Inspector had been consolidated with that of the Assessor at the Organization meeting, and after persuading the Town Engineer, A. J . Foote, to remain on the job when it had been his intention to retire, he, the Supervisor, had unintentionally penalized Mr. Foote by reducing his salary in the amount of $370. Supervisor Mandeville said it would be his recommendation that Mr. Foote' s salary be increased by $370. to "match his 1950 salary of $7,400." On motion by Supervisor Mandeville, seconded by Councilman Watson, it was unanimously 439 RESOLVED that A. J . Foote is hereby appointed Assistant Building Inspector, such appointment to be as of January 1st, 1951 and that there is hereby appropriated as salary for the Assistant Building Inspector, the sum of $370. for the year 1951. The Supervisor requested a resolution authorizing the employment of James M. Smith on a contract basis, to assist in the valuation of special properties, at the rate of $12.50 per day with a maximum for the year 1951 of $750. On motion by Councilman Watson, seconded by Councilman Embury, it was unanimously RESOLVED that James M. Smith is hereby employed on a con- tract basis to assist in appraisals in the Assessor' s Office, from time to time and at the rate of $12.50 per day, provided that this compensation for the year shall not exceed $750. Supervisor Mandeville requested a resolution authorizing salary incre- ments for the following: Nicolas Soriano, Fire Truck Driver, as of February 1, 1951, $22780. Eugene Agnessanto, Police Patrolman, as of March 1, 1951, $3,080. John Welsh, Police Patrolman, as of March 1, 1951, $3,080. On motion by Councilman Embury, seconded by Councilman Waterman, it was unanimously RESOLVED that the annual compensation of the following employees be increased and fixed as follows: Name Title Effective Date Amount Nicolas Soriano Fire Truck Driver Feb. 1, 1951 $2,780. Eugene Agnessanto Police Patrolman Mar. 1, 1951 32080. John Welsh Police Patrolman Mar. 12 1951 3,080. The Supervisor stated that the sale of property known as Block 604, Parcel 361 in the Village of Larchmont, to Ralph Cnilcoat, had been consumated and a deed delivered, pursuant to resolution of this Board authorizing such sale, and he presented a statement showing the pro- posed apportionment of the net receipts ($1,786.15) between the Town and the Village. j Upon motion made by Councilman Watson, seconded by Councilman Embury, it was, upon roll call, unanimously RESOLVED that this distribution be and it hereby is approved and that. the total shall be distributed as follows: To the Village of Larchmont $ 696.54 To the Town of Mamaroneck 1,089.61 Supervisor Mandeville requested a resolution appointing Councilman Watson as Acting Supervisor. On motion by Supervisor Mandeville seconded by Councilman Waterman (Councilman Watson not voting) it was RESOLVED that Councilman Edward F . Watson be and he hereby is appointed Acting Supervisor of the Town of Mamaroneck. 41 The Supervisor stated that each Councilman had received a copy of the Supervisor' s Annual Report and if there were any questions, he would be very happy to answer them. The Supervisor brought to the attention of the Board, conditions that exist in the Fire Department. He said that when it had become known that employees of the Town were to receive an annual increase of $180. certain members of the Fire Department had recommended an in- crease of $500. and that these same people, at a meeting of the Larch- Mont Gardens Association, "criticised their own acts by agreeing to the increase of $180." The Supervisor went on to say that he had before him a list of the duly elected officers, and this list includes two who do not reside within the Town of Mamaroneck. "In addition to that", he said, "the fire on Colonial Avenue was certainly anything but one you would look on with a degree of confidence." The Super- visor continued, "At the present time we have a Police Commission and a Park Commission who nave certainly done their job in an excellent fashion" , and it was his recommendation that the Town Board appoint a Committee of 3 to review and study the activities of the Fire De- partment, and after the completion of their study, they will recom- mend to the Town Board whether or not the organization of a Fire Commission is advisable. Councilman Waterman said he had come to the same conclusion entirely independently. i Supervisor Mandeville suggested the following to serve on this com- mittee: Philip 0 . Moynahan, 119 N . Chatsworth Avenue, Larchmont, N. Y. Robert Gibson, 683 Forest Avenue, Larchmont, New York - John R. Barry, 69 Carleon Avenue, Larchmont, N . Y. Upon learning that Mr. Gibson was a member of the Fire Department, the Board agreed that another name should be presented as it was felt that it would not be fitting for a member of the Fire Department to serve on this contemplated Committee. After further discussion, it was decided that the Board members would give the matter further consideration and notify the Town Clerk of their choice of a third member for the Committee. On motion by Councilman Waterman, seconded by Councilman Embury, it was unanimously RESOLVED that the Supervisor's Annual Report for the year 1950 be published in the Mamaroneck Daily Times on February 23rd, 1951. The Town Clerk read a report of Mr. Delius, dated February 2nd, in connection with the certiorari proceeding brought by Larchmont Apartments, Inc. , (Larchmont Acres) . It reported that Mr. Delius had been unable to obtain a better settlement than previously reported to this Board, i.e. , a reduction of the assessment by $150,000. As previously reported to the Board, the assessment this year was raised by $200,000. over last year' s assessment and this would leave an increase of $50,000 over last year. Under the circumstances, Mr. Delius said, he would recommend that this matter be settled on this basis. On motion by Councilman Embury, seconded by Councilman Watson, the following resolution was, upon roil call, unanimously adopted: WHEREAS, heretofore a writ of certiorari was obtained by LARCH- MONT APARTMENTS, INC., owner of property described on the assessment map and assessment roil of the Town of Mamaroneck as Block 408, Parcel 1, and Block 918, Parcel 70, to review the assessment for the year 1950, tax of 1951; and 443 WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment, NOW, THEREFORE, BE IT RESOLVED that the assessment for the year 1950 (taxes of 1951) upon property owned by L?RCHMONT APARTMENTS, INC. and described upon the assessment map and assess- ____ ment roll of the Town of Mamaroneck as Block 408, Parcel 1 and Block 918, Parcel 70, be seduced as follows: FROM Assm? t. Tax Block Parcel Year Year Land Improvement Total 408 1 1950 1951 $182; 500 $124472580 $1,6302080 918 70 1950 1951 13,000 112,400 1252400 TO Assmft. Tax Block Parcel Year Year Land Improvement Total I 408 1 1950 1951 $182,500 $1,297,580 $1,480,080 918 70 1950 1951 13,000 112,400 125,400 provided the certiorari proceeding now pending in the name of LARCHMONT APARTMENTS, INC. , for the year 1950, tax of 1951, be discontinued without costs as against either party. FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lation to obtain an order of the Supreme Court pro- viding for such reduction. There being no further business to come before the meeting, it ad- journed at 10:55 P. M. to meet again on February 21st. own lerk I I i