HomeMy WebLinkAbout1951_02_13 Town Board Regular Minutes 445
MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, HELD ON FEBRUARY 13th, 1951, AT WASHINGTON ARMS.
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Supervisor Mandeville called the meeting to order at 8: 30 P. M.
PRESENT: Supervisor Mandeville
Councilmen Embury, Watson, Waterman and McKeever
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-- ABSENT: None
Presence was also noted of Town Clerk Gronberg and Town Accountant
Finson.
The Town Clerk reported that Chulew Motor Sales had agreed to increase
its bid for the 1946 Ford, 2-door Sedan, to $500.
Following discussion, on motion by Councilman Embury, seconded by
Councilman McKeever, it was unanimously
RESOLVED that the 1946 Ford, 2-door Sedan, Model No.
69A, Engine #1466972, formerly used by the Building
Inspector, be sold to Chulew Motor Sales, for the
sum of $500.
After discussion, on motion by Councilman Waterman, seconded by
Councilman Watson, it was unanimously
RESOLVED that Keeler Associates be and they hereby are
authorized to obtain for the Town, a policy of comprehen-
sive insurance, covering not only all risks now covered
but in addition, any unknown risk or liability for which
the Town might be sued.
- FURTHER RESOLVED that the resolution adopted by this Board
on January 17th, 1951, authorizing Anthony Gagliardi to
obtain such insurance, is rescinded.
The Supervisor stated that, due to the shortage of materials in the
automobile industry, he believed it would be advisable to purchase at
this time, 3 Fords for the Police Department, which cars could be
stored for the present, and used during the latter part of 1951.
Following discussion, on motion by Councilman Embury, seconded by
Councilman McKeever, it was unanimously
RESOLVED that the Supervisor be and he nereby is authorized
to purchase for the Police Department, from Flinn Motor Cor-
poration, 3 - 1951 Fords at $1,728.38 each or a total of
$5,185.14.
There being no further business to come before the meeting, it ad-
journed at 9: 30 P . M. to meet again on February 21st, 1951.
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447
MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARO-
NECK, HELD ON FEBRUARY 28th, 1951, IN THE COUNCIL ROOM OF THE WEAVER
STREET FIRE HOUSE, AND HOME OF DAVID A. EMBUP.Y, TOWN OF MA-MARONECK.
The :meeting was called to order by Acting Supervisor Watson at 8: 15 P . M.
PRESENT: Acting Supervisor Watson
Councilmen Embury, McKeever and Waterman
ABSENT: Supervisor Mandeville
Presence was also noted of Town Attorney Delius, Town Clark Gronberg
and Town Accountant Finson.
The Town Clerk presented a waiver of special meeting, signed by
Supervisor Mandeville.
The Town Clerk presented and read a letter, dated February 19th, 1951,
received from Mr. Arthur M. Brown, Secretary of the Town of Mamaroneck
Fire Department, informing the Board Members that at the annual meet-
ing of the Fire Department, the following members had been nominated
to hold office for the year 1951:
Harold 0 . Thomsen Chief
Anthony Mirandi First Deputy Chief
Dominic Ianello Second Deputy Chief
Arthur M. Brown Secretary
Morton H. Engel Treasurer
Dr. Charles Weller, Jr. Surgeon
Rev. John J . Flynn Chaplain
Charles Conte Sergeant-at-Arms
Following discussion and on motion by Councilman McKeever, seconded
by Councilman Embury, it was, upon roll call, unanimously
RESOLVED that the following officers nominated by the
Town of Mamaroneck Fire Department, to hold office for
the year 1951, be and they hereby are approved:
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Harold 0 . Thomsen Chief j
Anthony Mirandi First Deputy Chief
Dominic Ianello Second Deputy Chief
Arthur M. Brown Secretary
Morton H. Engel Treasurer
Dr. Charles Weller, Jr. Surgeon
Rev. John J. Flynn Chaplain
Charles Conte Sergeant-at-Arms
The Town Clerk presented and read a report received from the County
Transportation Company, Inc. prepared in accordance with Paragraph
25 of the Franchise granted by the Town of Mamaroneck. The report
was ordered received and filed.
The Town Clerk presented and read a report received from the County
Transportation Company, Inc. , relative to the operation of busses in
-- the Town of Mamaroneck for six months ended December 31, 1950. En-
closed with the report was a check in the amount of $151.62 covering
the gross earnings tax for that period. The report was ordered re-
ceived and filed.
The Town Clerk presented a letter dated February 20th, 1951, received
from A. J . Foote, Town Engineer, stating that he and Chief Yerick
recommended the installation of 1 - 6,000 lumen lamp on an 8 foot
bracket, on Palmer Avenue at the entrance driveway to the Mamaroneck
Senior High School.
Following discussion; on motion by Councilman Waterman, seconded b-�,T
Councilman YoKeever, it was , upon Poll call, unanimous!y
RESOLVED that A. j Foote, Town EnSineep, be *nd he hereby
is authorized to ha7e installed on Palmer Nenue at the
entrance driveway to the Mamaroneck Senior High School, one.
6,000 lonen lamp on an 8 foot bracket, at an annual operating
cost of $63. and an estimated investnent cost of Q54.15.
The Town Clark presented requests from the Villages of Mamaroneol', an d
Larchmont for the use of election equipment for both reSistnation and
election.
Following discussion, on motion by Councilman HeTeever, seconded by
Councilman Waterman, it was unanimously
RESOLVED that the request of the Villages of Mamaroneck and
Larchmont for the use of the Townis election equipment for-
registration and election, be and it hereby is Srantais
After discussion, upon notion by Councilman McKeever, seconded by
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Councilman Waterman, the following resolution was, upon rollcall,
unanimously adopted:
WHEREAS, the Town heretofore obtains? from RosIcliffe Estates
and Ida H. Wood, an easement through certain property owned by thenm
consisting of a 3 foot strip, for the purpose of laying a sewer con-
nection with the residence of Henry M. Leslie on Althea Lane and
the Town sewer in a street known as Briar Close; and
WHEREAS, the Town Engineer has requested that in addition to
this easement, permlEsion be obtained from the contiguous owner, one
Benny Orsino, to pile dirt on either side of this 3 foot strip,
during the period of construction; and
WHEREAS , Benny Orsino has indicated this willingness to grant his
permission upon certain conditions more particularly set forth in 9,
letter dated February 26th, 1951; which he has signed, said condition-c,
being that tie work be done within 30 days and that he be allowed to
connect one house which he will erect in the vicinity, with a sanitary
sewer to be laid in said easement strip; and
WHEREAS , Benny Orsino and his attorney have requested that this
letter be signed by someone on behalf of this Board
NOW, THEREFORE, BE IT
RESOLVED that Councilman Edward F. Watson be authorized
to sign the above mentioned letter to indicate the ac-
ceptance of these conditions by the Town.
The Clerk presented a letter, dated February 27th, 1951, received from
Mr. A. J. Foote, the Town Engineer, together with a sketch showing t�e ,
location of the bridge over the Premium Mill Pond on Premium Manor Road.
Mr. Foote 's letter gave something of the history of the bridge and con-
cluded by saying that it is in very poor condition. He said the City
Engineer of New Rochelle had inspected it with him and it was their con-
sidered opinion that the bridge should be closed.
Councilman McKeever reported that he also had inspected the bridge and
would recommend that it be closed.
After discussion, on motion by Councilman McKeever, seconded by Council-
man Waterman, it was, upon Poll call, unanimously
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RESOLVED that the Town Engineer and Superintendent of High-
ways is hereby authorized to close the bridge over the Premium
River and exclude traffic therefrom with the cooperation of the
Department of Public Works and Department of Safety of the City
of New Rochelle and the Village Engineer of the Village of
Larchmont, subject to his giving such notice and posting such
signs and constructing such barriers as are adequate for
that purpose.
FURTHER RESOLVED that this resolution is contingent upon the
Common Council of the City of New Rochelle giving similar
authority to its Department of Public Works and Department
of Public Safety.
The Town Clerk presented a letter dated February 28th, 1951, received
from Harrison Roofing and Tinning Co., stating that they would uncon-
ditionally guarantee their work against any leaks which might occur
in. the roof of the Weaver Street Fire House, for a period of 5 years.
The Town Clerk presented a letter dated February 26th, 1951, received
from New Rochelle Roofing, Cornice & Skylight Works, Inc., stating
that they would unconditionally guarantee to repair any leaks due to
improper workmanship or materials which might arise from the new
roofing at the Weaver Street Fire House, for a period of 5 years.
This guarantee, however, does not cover any gutter leaks .
The Members of the Board decided unanimously to defer action on this
matter until the next regular meeting.
The Town Clerk presented a report received from the Board of Audit and
- Control of the State of New York, covering the examination of the
accounts of the fiscal _affairs of the Town of Mamaroneck for the
years 1948-1949. A copy of this report was presented to each member
of the Board.
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The Town Clerk also reported that a notice had been published in the
Mamaroneck Daily Times to the effect that this report had been received
and filed in the Town Clerkfs office and is available for public in-
spection.
The Town Clerk presented for the record, affidavit of publication and
affidavit of posting of the notice of amendment of Article 19, Section
96, Subdivision 2-a of the Building Code of the Town of Mamaroneck.
The Town Clerk presented a list of claims for Fire Department expendi-
tures which had been checked by Chief Burton and audited by the Comp-
troller.
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 McKeever, it was unanimously
RESOLVED that the following described claims be and they
hereby are approved and that the Supervisor and Comp-
troller be and they hereby are authorized to pay the
same out of the budget for the Fire Department:
The C . G . Braxmar Co. , Inc. 15.28
R. P. Brewer, Inc. 14.85
William K. Fordyce 60.93
Homelite Corporation 95 .40
E . Laptpok 38.83
William B . Lemon 34.50
Ramon Martinez 71.50
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G. W. Merrell 28.66
0 . Mueller, Inc. 6.87
The Mungle Engineering Co. 98.25
Myrtle Garage, Inc. 176.36
New York Telephone Company 32.25
M. & N. N irenberg 23.15
Westchester Joint Water Works #1 4.62
Westchester Lighting Co. 44.99
Wesco Fire Equipment & Service 516.73
E. Laptook 10.15
E. Laptook 3.70
Goldiets A. & N . Store 8.95
Total $$12285 .97
After discussion, on motion by Councilman McKeever, seconded by
Councilman Waterman, the following resolution was, upon roll call,
unanimously adopted:
WHEREAS, 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 Mamaroneck, 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 Mamaro-
neck and Town of Mamaroneck; and
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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 agree-
ment was entered into between the Village of Mamaroneck and the
Town of Mamaroneck, which, among other things, set forth the
interests of said municipalities in the properties being fore-
closed, 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 Vil-
lage 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 there-
in set forth; and
WHEREAS, since receipt of said bid, this Board has given
consideration thereto, and after due deliberation, it is
RESOLVED that the bid hereinafter listed, be.
accepted at the price and terms therein set forth:
LIST OF BIDS ACCEPTED IN SECTION 8
Total
Town Village Assessed
_ Block Parcel Block Lot -Bidder Amount Valuation Terms
832 9 87 35 Andrea Cossetti $240. $ 800. Cash
After discussion, on motion by Councilman Waterman, seconded by
Councilman McKeever, the following resolution was, upon roil call,
unanimously adopted:
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WHEREAS, the Village of Larchmont, through the institution
of an action begun February 13, 1946, in the County Court of
Westchester County, and entitled "In the Matter of the Foreclo-
sure of Tax Liens pursuant to Article Seven-A, Title 3 of the
Tax Law by the Village of Larchmont (List of Delinquent Taxes
for 1946) ", has become and now is the owner of a number of
parcels of real estate situate in the Village of Larchmont and
Town of Mamaroneck by virtue of a judgment in said foreclosure
action made and entered in pursuance of said judgment; and
WHEREAS, both the Village of Larchmont and Town of Mamaroneck
held tax liens for unpaid taxes on said parcels of real property;
and
WHEREAS, pursuant to Section 165-A of the Tax Law, an agreement
dated May 20, 1946, was entered into between the Village of Larchmont
and the Town of Mamaroneck, which, among other things, set forth the
interests of said municipalities in the properties being foreclosed,
the disposition of said tax liens and unpaid taxes and the manner
of the distribution of the proceeds received from said sales; and
WHEREAS, the Village Treasurer, pursuant to authorization of the
Village Board of the Village of Larchmont, on March 1, 1948, accepted
the following offer of the upset price on said property:
Upset Price Village
Block Parcel. Purchaser Price Accented Assessment
601 Part of Theodore V. Bennett and
137 Nathalie M. Bennett $300.38 $650.00 $800.00
BE IT RESOLVED that the sales price bid for the parcel
of real property listed above is hereby approved, and
that all consents and approval by the Town Board of the
-- Town of Mamaroneck for the sale of the aforesaid parcel
of real property by the Village of Larchmont required
under the provisions of the aforesaid agreement be-
tween the Village of Larchmont and the Town of Mamaroneck,
dated May 20, 1946, are hereby granted and allowed.
Acting Supervisor Watson reported that he had recently talked with
Mr. Rufus K. Allerton, Jr. , and learned that he would accept an
appointment to the Committee to review and study the activities of
the Fire Department.
Following discussion, on motion by Councilman Embury, seconded by
Councilman Waterman, it was unanimously
RESOLVED that Rufus K. Allerton, Jr. , 8 Leafy Lane, Larch-
mont, be and he hereby is appointed to the Committee to
review and study the activities of the Fire Department.
Town Clerk Gronberg was instructed to notify Mr. Allerton of his
appointment and also to so notify the other members of the Committee,
Mr. Philip 0 . Moynahan and Mr. John R. Barry.
On motion by Councilman Embury, seconded by Councilman McKeever, the j
following resolution was, upon roll call, unanimously adopted:
-- WHEREAS, this Board heretofore by resolution duly adopted Febru-
ary 7th, 1951, approved the sale of certain premises on Fenimore
Road to CARNOY-WOLTER CONSTRUCTIOiv CORPORATION; and
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WHEREAS, pursuant to contract, title was to close on February
20th, 1951, which closing has been adjourned for purposes of securing
a deed from the Town of Mamaroneck to the Carnoy-Wolter Construction
Corporation; and
WHEREAS, the purchaser is desirous of receiving a deed, and the
Supervisor of the Town of Mamaroneck is presently on vacation,
NOW, THEREFORE, BE IT
RESOLVED that this Board hereby designates Councilman
Edward F. Watson to execute and deliver to this company,
a deed to the premises on behalf of the Town of Mamaroneck
and in the capacity of Acting Supervisor.
Acting Supervisor Watson brought up the matter of a radio aerial on
property of Maurice K. Bretzfelder at 7 Glen Eagles Drive. He read
to the members of the Board, the correspondence between Supervisor
Mandeville and Mr. John F. Schumacher of 9 Glen Eagles Drive, and
a report on the matter prepared by Mr. Delius.
Following discussion, the Board authorized Mr. Delius to write to Mr.
Bretzfelder, requesting that the radio aerial be removed.
Mr. Delius then brought before the Board the matter of secretarial
assistance in the Legal Department.
He stated that this had first come to his attention when he read in
the minutes of January 3rd (he having been absent from the meeting
because of illness) that the Supervisor had called the attention of
the Board to the fact that no provision had been made for additional
secretarial help in the Town Attorney' s office, inasmuch as there "is
ample and efficient personnel now in the Town Office." Mr. Delius
stated that as the Budget contained an item of $1,500. for this pur-
pose and the resolution of the Board adopted on December 6th, appro-
priated the amounts in the Budget, he had assumed that the arrange-
ment of last year would be continued. He went on to explain to the
Board the necessity of having assistance in his office.
The Board Members questioned Mr. Delius as to the actual amount of
time both he and his Secretary spend on work pertaining to the Town
of Mamaroneck.
Following discussion and on motion by Councilman Embury, seconded by
Councilman Waterman, it was, upon roll call, unanimously
RESOLVED that the payment for secretarial assistance
in the office of the Town Attorney, be continued on a
voucher basis up to the amount of $1,500.
The Town Attorney discussed at length the situation with regard to pro-
ceedings which might be taken against Mr. Patsy Giacomo to discontinue
the use of his property as an automobile repair station and parking
area for trucks and cars.
After discussion, the Attorney was instructed to prepare a complaint
- - in an action in the Supreme Court to enjoin the use of this property
for any purpose other than authorized by the provisions of the Zon-
ing Ordinance of the Town of Mamaroneck, and present it at the next
meeting.
On motion by Councilman Embury, seconded by Councilman Waterman, it
was unanimously
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RESOLVED that, pursuant to Section 96A of Chapter 60
of the Consolidated Laws as amended, known as the Tax
Law.; the Receiver of Taxes and Assessments of the Town
of Mamaroneck is authorized to collect the 1951 State,
County, Town and District taxes and water rents which
become a lien January 1, 1951, in two partial payments,
each amounting to fifty per cent of the total of said
taxes and water rents.
FURTHER RESOLVED that the Receiver of Taxes and Assess-
ments is authorized and empowered to receive such partial
payments or installments of taxes and water rents at any
time prior to the sale of tax liens but subject to the
same penalties as are specified and provided in Section
542 of the Westchester County Administrative Code for
the neglect to pay the total amount of said taxes and
water rents.
FURTHER RESOLVED that the acceptance of any such partial
payments or installments of the 1951 taxes and water rents,
shall not be deemed to affect in any manner, any right of
the Town of Mamaroneck, under any general or special law,
to enforce collection of any unpaid balance of such taxes
and water rents as may remain due and owing to the Town
of Mamaroneck, but such rights and powers shall remain in
full force and effect to enforce the collection of the
unpaid balances of such taxes and water rents together
with interest, penalties,and other lawful charges.
On motion by Councilman Embury, seconded by Councilman Waterman, it
- was unanimously
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RESOLVED that in accordance with the provisions of
Section 550 of the Westchester County Administrative
Code, "The Daily Times", the official newspaper published
in the Village and Town of Mamaroneck, be and it hereby
is designated as the newspaper in which the Receiver of
Taxes and Assessments shall publish the notice of the
collection of State, County, Town and District taxes,
and water rents; and be it
FURTHER RESOLVED that said publication be made on
March 19, 1951, in the Daily Times; and be it
FURTHER RESOLVED that in accordance with the provisions
of Section 550 of the Westchester County Administrative Code,
the Town Board do and it hereby does direct the Receiver
of Taxes and Assessments to mail to each taxpayer of
the Town of Mamaroneck, whose address is known to said
Receiver of Taxes and Assessments, a tax bill for all
taxes and water rents, the expense thereof to be a town
charge.
FURTHER RESOLVED that, pursuant to Section 551 of the
Westchester County Administrative Code, the Town Board
hereby approves the official form of tax receipt used
by the Receiver of Taxes in the year 1951 for taxes
for the year 1951.
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The Town Clerk presented a letter, dated February 21st, 1951, received
from Margaret Barnes, Clerk to the Board of Park Commissioners, listing
4 bids received by that Board for the re-surfacing of walks around the
Gardens Lake, Myrtle Boulevard and West of the Station. The letter
further stated that it was the recommendation of the Park Board that
Peckham Road Corporation, the low bidder, be awarded this contract.
Upon motion by Councilman Embury, seconded by Councilman Waterman, it
- was
RESOLVED that Peckham Road Corporation be and it hereby is
awarded the contract to re-surface the walks around
the Gardens Lake, on Myrtle Boulevard and west of the Station
in the amount of $1,987. as per specifications prepared
by A. J. Foote, Town Engineer, dated January 23rd, 1951.
A vote taken on this resulted as follows:
AYES: Acting Supervisor Watson
Councilmen Embury and Waterman
Councilman McKeever not voting
NOES: None
There being no further business, the meeting adjourned at 11:10 P . M.
to meet again on March 21st, 1951.
Z7To Clerk