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HomeMy WebLinkAbout1948_02_04 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD, T07-IN OF 14AMARONECI 9 HELD FEBRUARY 4, 1948 In the Council Room of the 'heaver Street Fire house , Town of Mamaroneck, New York. i The meeting was called to order by Supervisor Mandeville at 8s15 P.M. (Eastern Standard Time) . Present: Supervisor Mandeville Councilmen McKeever , Mills , Watson, Embury i Absent, None Ii The presence was also noted of Town Clerk Gronberg, Torn Attorney Delius and Accountant Finson. The minutes of December 29, 1947, were approved as presented. The minutes of January 8, 1948 , were approved as corrected. A letter dated January 26, 1948, was received from Police Chief Paul A. Yerick, together with copy of letter from C. Benjamin Brush , Jr . , suggesting that the street light presently in front of 210 Palmer Avenue be moved one pole farther north so that it will light tip the entrance to Elkan Road. It was the Chief' s recommendation that this be done, which he said would be an advantage to both pedestrians and vehicles. The members of the Board unanimoi:sly approved the recommen- dation made by Chief Yerick. A letter dated January 26 , 1948, was received from Police Chief Yerick, advising that the Civil Service Department had notified him that the temporary appointment of Edward ?"vestfall must be terminated as of February 1 , 1948. The letter was ordered placed on file. The following reports were ordered placed on file, Building Report for the month of January, 1948. . Report of the Receiver of Taxes for the month of January , 1948. Report of the Westchester County Dog Protective Association for the month of January, 1948. Town Clerk' s report for the year 1947. List of Claims Audited and Paid by the Comptroller from January 1 , 1948 to February 4, 1948. Statement of Bank Balances as of February 1 , 1948. Annual Report of the Supervisor for the Fiscal Year Ended December 31 ,1947. ' Councilman 77atson said he had nothing to report for his De- partments. Councilman Embury had nothing to report for his Departments. The Supervisor read a letter dated February 3, 1948, received from the Morris Stern Agency, reeuesting that the Town Board lease to two ex GI ' s , namely , William and John Paonessa of 160 Waverly Avenue , Mamaroneck, New York, property designated as Block 4119 Parcel 76 , to be used as a golf driving range. z Y r ! 7 Mr. Morris Stern and Messrs. John and William Paonessa, were present at the meeting. The Supervisor explained to the members of the Board that this is a request for the use of a piece of property near the entrance of the Hommocks on the Post Road. This property was acquired by the Town through its In Rem foreclosure. He named several people who had approached him about the rental of this property and in each case had informed them that originally the plan was to make this a swimming - - area for the people in the unincorporated section, to be developed under a government grant. Mr. Stern said he did not know that the several people men- tioned by the Supervisor were interested. He further stated that this proposal would not interfere with iThatever plans the Supervisor had in mind. He pointed out that he had been a member of the Mamaroneck East Basin Committee and a number of years passed before the government took any action. He said he believed the same .viould be true in this case , and until such plans were completed, the Town might consider leasing the property. Mr. Stern said the boys would consider leasing the property for three years. That no harm would be done to it and no permanent buildings would be constructed, except for a type of shelter , or office , on the 1C0° frontage on the Post Road, which would be used for their customers. He said the boys intend to invest $6 ,000. to improve the land and are willing to pay a yearly rental of $600. , which amounts to $100. for a six month business. The Supervisor stated that there are many factors to be con- sidered. He said there are fifteen or sixteen residents in the Hommocks section to be considered and the question of what their reaction will be. He said two or three of the residents had called him after being contacted by interested parties and they replied that they did not know enough about the matter to take a position. He said. this is also a matter for the Zoning Board, and if this received their approval, the present Town Board could only consent to a two year lease. Mr. Stern said this arrangement would be agreeable. He further stated that he definitely was not interested in a commission if this request were granted. His interest was that of a friendly nature having known the boys a long time. Following various questions asked by the members of the Board, the Supervisor informed Mr. Stern that the matter would be given serious consideration. On motion by Councilman Embury , seconded by Councilman McKeever , the following rules regarding vacation and sick leave were unanimously adopted: 1. Annual Leave Every Town Officer or Employee shall be allowed a vacation with pay of twelve (12) working days per year after one year of con- tinuous service; eighteen (18) working days per year after ten years of continuous service , provided that any Officer or Employee continuously employed six (6) months or more may be allowed one (1) day of vacation with pay for each month employed. In calculating the time allowed for vacations Saturday and intervening holidays shall be considered a full working day. Such vacation shall, when earned, be taken in the calendar year and should be continuous, except that additional leave earned by ten (10) or more years of service be permitted to be taken at any time through- out the calendar year. Such vacation shall be granted, only at such time or times as the work of the department will permit. It is hereby declared to be the policy of the Board in cases of _._ separation from the service , a terminal leave vacation may be granted at the discretion of the Town Board depending upon the length of ser- vice and the employment record , and if funds are available therefor. 2. Sick Leave Any Town Officer or Employee who has been continuously em- ployed for a period of six (6) months or longer shall be granted sick leave with full pay for a period not to exceed 12 working days , in any calendar year. If any Officer or Employee does not use the full allow- able amount of sick leave in any calendar year , the. time not used may be accumulated from year to year. For employees in service January 1 , 1948, the earned accumulated sick leave allowance for the years prior to January 1, 1948, shall be equal to the number of years of such allowance multiplied by six (6) days. For sick leave (including accumulated sick leave) of more than two days at any one time, a doctor ' s certificate may be required for the third and subsequent days of leave. Rule 2 shall not apply to cases where compensation is allowed pursuant to the Workmen' s Compensation Law. Any department head may present a statement to the Torm Board present- - ing all particulars , together with a recommendation to the Board for such special consideration as the case may warrant. 3. Leave for Occupational Disabiliix Any Employee ' s benefits for a disability arising out of, and in the course of, his employment and as so determined are governed by the Workmen' s Compensation Laws of the State of New York and covered by Workmen's Compensation Insurance. Each such case shall be immediately reported to the Insurance Carrier and the Town Clerk for submission to the Town Board. In the event that the Town Board grants full pay for such disability, any award for temporary disability made pursuant to the Workmen' s Com- pensation Lama shall be refunded to the Town. Any department head may present a statement of all particulars with full recommendation to the Board for such consideration as the case may demand. 4. General a. Each department head shall report each month to the Town Clerk for submission to the Town Board on absences of employees in his department and the reason therefor. b. These rules shall not be applicable to hourly and per diem employees of the Town of Mamaroneck, to those employees not employed on a full time basis , or to any class of employee covered by. provisions of Law affecting such classes. Referring to the matter discussed at the last meeting re- garding additional compensation for Mr. Foote and Mr. Ward, the Super- visor said that he had found ways and means of paying these men an additional $250. each , by increasing Mr. Foote ' s salary as Building and Plumbing Inspector , and Mr. Ward ' s , by paying him as Assistant Superintendent of Highv,,ay. He recommended t)-B t these amounts be retroactive as of January 1, 1948. The Supervisor' s recommendation received the unanimous - approval of the members of the Board. On motion by Councilman McKeever , seconded by Councilman Embury , it leas, upon roll call, unanimously RESOLVED, that the salary of A.J. Foote as Building and Plumbing Inspector be increased from $300. to $550. per year , effective as of January 1 , 1948; FURTHER RESOLVED, that James P. Ward, Assistant Superintendent of Highways , be paid the sum of $250. per year for his services as Assistant Superintendent of Highways , effective January 1 , 1948. The Supervisor presented two sales which had been approved by the Trustees of the Village of Larchmont , covering properties ac- quired by that Village in its foreclosure proceeding In Rem. On motion by Supervisor Mandeville , seconded by Councilman Watson, the following resolution was unanimously adopted: WHEREAS , the Village of Larchmont , through the institution of an action begun on February 13 , 1946 , in the County Court of Westchester County , and en- titled "In the Matter of the Foreclosure of Tax Liens Pursuant to Article Seven-A, Title 3 of the Tax Law by the Village of Larchmont (List of De- linquent Taxes for 1946) 11 , 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 fore- closure action made and entered on June 19, 1946 and conveyances to the Village by the Village Treasurer made in pursuance of said judgment; and =REAS , both the Village of Larchmont and Town of Mamaroneck held tax liens for unpaid taxes on said parcels of real property; and 71HERF.AS , pursuant to Section 165-a of the Tax Lava 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 highest bid received by the Village Treasurer pursuant to authorization of the Village Board of the Village of Larchmont on July 28 , 1947 accepted the following offers of the upset prices on said property; i I Upset Price Village Block Parcel Purchaser Price Accepited Assm't 610 258 David T. May $19000. 1 ,000. 1 ,700. 601 44 The Sound Construction Co. , Inc. 600. 600. 850. BE IT RESOLVED, that the sales prices bid for the parcels of real property listed above are hereby --- approved , and that all consents and approval by the j Town Board of the Town of Mamaroneck for the sale of the aforesaid parcels of real property by the Village of L=archmont required under the provisions of the aforesaid agreement between the village of Larchmont and Town of Mamaroneck dated May 20, 1946 , are hereby granted and allowed. The Supervisor presented requests from the Village of Mamaroneck for Town Board approval of the sales of properties acquired by the Village of Mamaroneck in its foreclosure proceeding In Rem. Upon motion by Councilman [Watson, seconded by Councilman McKeever , the following resolution was unanimously adopted: TIIHEREAS , 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 194511 , has become and now is the owner of a number of parcels of Real Estate situate in the Village of Mamaroneck and Town of Mamaroneck; and WHEREAS , both the Village of Mamaroneck and Town of -- Mamaroneck hold tax liens on said parcels of real property; and 4IHEREAS , pursuant to Section 165H of the Tax Law an agreement was entered into between the Village of Mamaroneck and the Town of Mamaroneck, 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 pro- perties 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 have given consideration thereto and after due deliberation accepted the bids hereinafter listed as to price and terms therein set forth: and ...,HEREAS, since receipt of said bids this Board has given consideration thereto, and after due deliberation, it is RESOLVED, that the bids hereinafter listed be accepted at the price and terms therein set forth: 3 LIST OF BIDS ACCEPTED IN SECTION 8 Total Villue Town. Assessed Block_Lot Block Parcel Bidder Amount Valuation Terms 54 11 820 330 12 820 335 Silvio Rainaldi ) (Broker - Jos. ) S. Faillace) )$1 ,500. $1,300. Cash 57 798,99 820 Pt. of ) 10 ,11 257 ) $3 :550. i The Supervisor stated that he had at hand an agreement in triplicate from the Westchester County Park Commission, covering vacant land situated on the Pelham-Port Chester Parkway, to be used by the Town for recreational purposes. On motion by Councilman Embury, seconded by Councilman Mills , it was , unanimously RESOLVED, that the Supervisor be and he hereby is authorized to sign lease between the Town of Mamaroneck and the r'estchester County Park Commission, covering vacant land situated on Sheet 91 Pelham-Port Chester Parkway , to be used by the Town for recreational pur- poses , for a period of one year beginning January 1, 1948, at an annual rental of $1,00: The Supervisor stated that the Maryland Casualty Co. had cancelled its current policy covering volunteer firemen under Section 205 of the General Municipal Lave* because of the enactment of Chapter 794 of the Laws of 1947 which provides for additional coverage to ---- volunteer firemen under the ?"Torkmen' s Compensation Law. He recommended that this insurance be placed with the State Insurance Fund. On motion by Supervisor Mandeville , seconded by Councilman Mills , it was , upon roll call, unanimously RESOLVED, that the present policy now held by the Yaryland Casualty Co. covering volunteer firemen be cancelled; FURTHER RESOLVED, that a policy be obtained from the State Insurance Fund to cover all benefits for death and disability to volunteer firemen pursuant to Section 205 of the General Municipal Law as amended and Chapter 794 of the Laws of 1947 , effective P,?a.rch 1, 1948. The Supervisor stated that it would be necessary to transfer the sum of $529.72 to pay the costs of water extension at Senate Place and Stratford Road. On motion by Councilman Mills , seconded by Councilman Embury, it was , upon roll call , unanimously RESOLVED , that the Supervisor is hereby authorized to transfer the sum of $529.72 from Water District surplus to the Capital Fund to pay water distribution extension costs , as follows: $219.29 - Senate Place $310.43 - Stratford Road The Supervisor presented each member of the Board with a copy of a Report of the Joint Fact-Finding Committee on Recreation. The report was ordered placed on file. The Supervisor informed the members of the Board that under the new formula proposed by Governor Dewey ' s Committee on the State Education Program, the County of Westchester would be allocated an additional amount approximating one million dollars, of which the Union Free School District No. 1 in the Town of Mamaroneck would — receive almost $33 ,000. additional state aid. He said a great deal of the credit in securing this increase in state aid is largely due to the untiring efforts of the Mamaroneck Superintendent of Schools , T. James Ahern; Mr. Louis 11% Klein, Super- intendent of Harrison Schools; Mr. Harold E. Hollister , District Superintendent of Schools of 7!estchester County; and r"r. James Hopkins , Chairman of the Legislative Committee of the County Board of Supervisors. The Supervisor said he was encouraged by the accomplishments so Ar , and that while it may not be the best plan, it certainly is a step in the right direction. The Supervisor stated that Commissioner Clair V. Johnson who had heretofore been appointed by resolution adopted January 8, 1948 , had requested that he be reappointed as of the date of this meeting because he was not technically the owner of real property on the assessment roll under the date of his previous appointment. On motion by Councilman Embury , seconded by Councilman Watson, I it was , unanimously RESOLVED, that Clair V. Johnson be reappointed as a member of the Board of Police Commissioners of the Town of Mamaroneck, New York, to serve at the pleasure - of the Board. The Supervisor informed the members of the Board that he would be out of town for the next few weeks and recommended that Council- man 7atson take his place as Acting Supervisor. I On motion by Councilman Embury , seconded by Councilman McKeever , it was RESOLVED,,, that Edward F. ?'Iatson, a Councilman of the Town of li^amaroneck is hereby designated as Acting Supervisor in the absence of the Supervisor. The vote was as follows: Ayes: Supervisor Mandeville Councilmen McKeever , Mills , Embury Not Voting: Councilman ?7atson Upon recommendation of the Town Attorney, the following agreement for the deposit of government bonds as securities of the amounts deposited with the County Trust Company by the Town of IViamaroneck, was unanimously approved: Re: C.T.C. Depositary for BortlDepartment and Town Board, Town of Mamaroneck, New York, Collateral Securing _�Deposits - Escrow Town Board Town of Mamaroneck, Gentlemen: ^ e have received and are now holding in our Trust Department $500,000. U.S. Treasury 2% Bonds due 9-15-52/50 and 5100 ,000. U.S. Treasury 2% Bonds due 6-15-54/52 to be held to secure balances of the Town arhite Plains or any Yamaroneck itshof ficesuinyexcessofhe Company of the City of amount insured b the Federal Government in the followin g accounts- Town of Mamaroneck - Receiver of Taxes Highway Fund Special District Fund Tax Lien Account Tax Lien Certificate Account Tax Reserve Fund Town Clerk General Fund District #1 Water Fund Capital Fund and any other Town of I:4amaroneck accounts or funds not specifically listed above. Until default in the repayment of any such deposits , interest on the securities deposited hereunder wahen collected will be paid to the Bank. In the event of a default in the repayment of any such deposits , the securities held hereunder or the proceeds thereof, sufficient to cover the amount or amounts of such default in excess of the amount insured by the Federal Government , will be turned over to the Town Board of the Town of Mramaroneck and any balances then remaining will be returned to the Bank. -- As balances in the above mentioned accounts of the Tow,-,n Board of the Town of Mamaroneck may be reduced the securities will be released and as balances may be increased additional securities will be de- posited to cover the same so that at all times such balances will be secured to the full amount thereof in excess of the amount insured by the Federal Government. Substitutions, withdrawals and additions will be made only under advice to you. Securities deposited here- under will consist only of bonds or certificates of the United States , the State of New York or of any County, Town, City, Village or School District of the State of New York which shall at all. times be subject to the approval of the Town Board of the Town of Mamaroneck. Very truly yours , /s/ Joseph. P. Hughes President The County Trust Company Police Chief Paul A. Yerick presented his Annual Report for the year 1947, which was ordered received and placed on file. i Councilman McKeever reported that Town Engineer Foote - has been advised by the State Department of Public Works, that the Post War Plans submitted by the Town had been approved. Councilman Mills presented and read the following letter : I February 4, 1948 The Honorable Owen A. Mandeville Town Council Town of Mamaroneck Gentlemen: I Please accept my sincere thanks for the leave of absence v,hich you were kind enough to extend to me at last month ' s - meeting. After further consultations and re-consideration of finances involved, I have decided to change my plans and not avail myself of this privilege. I thierefore request that this permission be nullified. Sincerely yours , /s/ Michael J. Harrington Councilman E?ills presented the following reports: FIRE REPORT FOR JANUARY 1948 Jan. 6th. Box # 114. 4:40 P.M. 4: 50 P.M. Still alarm overheated car motor no damage. Chief' s car firemen Yoll and Mellor. Jan.13th. Box #351. 2:00 P.1& 2:25 P.M. Still alarm live wire lying on Villa Rd. no damage. Engine #3 fireman Moll. Jan.16th. Boy: #f166. 6:10 P.fq. 6: 55 P.M. Still alarm oil burner fire 24 Wildwood Pd. No. damage Engine #3 Chief Burton Fireman Mellor. Jan.18th. Box #351. 10:50 A.M. 11:05 A.M. Still alarm leaking ice box 27 Villa Rd. No damage Engine #E3 Chief Burton Fireman Moll. Jan.24th. Box #''271. 7: 50 P.M. 8:40 P.M. Still alarm defective chimney flue. 298 Rockland Ave. No damage Truck #2 Chief Burton, Fireman 11.ellor. Jan.28th. Box #171. 1: 55 P.M. 2:10 P.M. Still alarm garbage in hopper at Incinerator. No. damage. Engine #3 , Firemen moll and Muller. Jan.31st. Box #,1356. 2:02 A.M. 2:45 P.M. Full alarm fire located at 50 Ridge Rd. New Rochelle. Extinguished by New Rochelle Fire Department. Truck #'2 , Engine #2 , Patrol, Chief Burton. Total for month, 7 Still alarms; 1 full alarm No dam.age by fire Respectfully submitted , Chief George 7. Burton FIRE INSPECTORS REPORT_FOR. JANTT?ARy 1948 Loval Inn No violations , condition good. Avonmore Apts. Owner notified to place fire resisting material over furnace , remove papers and boxes from stairway on fifth floor and keep access door from stairway to roof unlocked. Sagamore Inn Owner requested to check wiring for overload, condition good. Crystal Shop 170 Post Rd. Owner notified to clean up cellar. Post Lodge No violations , condition good. Bonnie Briar No violations , condition good. Winged Foot No violations , condition good. Chatsworth Gardens Apts. No violations , condition good. Stonecrest No violations , condition good. Larchmont Hills No violations , condition good. Oakhaven Apts. Cellar cleaned up, condition good. Arcade Owner notified to plaster up holes in cellar ceiling, conditimns fair. Gables Apts. No violations , condition good. Alden House No violations , condition good. Larchmont Acres Into violations , condition good. Fire Inspector George W. Burton I Councilman Yills presented a list of claims for Fire De- partment expenditures and stated that he had checked the bills and recommended approval and payment. The members of the Town Board sitting as the Board of Fire Commissioners considered the claims and on: motion by Councilman Mills , seconded by Councilman Watson , it was , upon roll call, 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 same out of the budget for the Fire Departments Russell Uniform Co. $1 ,194.00 A & A Automotive Co. 14.40 Y & N Nirenberg 58.17 The Portable Light Co. Inc. 10.22 Mamaroneck Plumbing Supply Inc. 3.72 Suburban Fuel Oil Service , Inc. 67.50 Merritt Kirchhoff 10.00 Excelsior Auto Repair & Mach. Works 35.00 Charles Conte 22. 5 i The Town Attorney presented the following resolution, which was on motion by Councilman Embury, seconded by Councilman 59atson, upon roll call, unanimously adopted: WHEREAS , heretofore writs of certiorari were obtained by THE EMIGRANT INDUSTRIAL SAVINGS BANK, owner of property described on the assessment map and assess- went roll of the Town of P4amaroneck as follows: Block Parcel Block Parcel 902 497 926 43 613 237 930 56 107 438 409 790 613 23 409 522 907 41 607 381 926 36 401 1 114 61 to review the assessments for the years 1.941 , 1942 , 1943 and 1944 (taxes of 1942 , 19439 1944 and 1945) : and WHEREAS , the Assessor and Board. of Review of the Town of Mamaroneck, duly filed returns to said writs; and WHEREAS , Stanley E. Anderson, Esq. , of Mount Frisco, New York, was heretofore appointed to hear the testi- mony and report his findings and conclusions to the Court, and no further proceedings have been had; and THEREAS , the Town Attorney and Assessor recommend to - this Board that the proceedings be settled and dis- continued upon the reduction of certain of the assess- ments, NOW, THEREFORE, BE IT RESOLVED, that the assessments for the years 1941 ,1942 , 1943 and 1944 (taxes of 1942 , 1943 , 1944 and 1945) upon certain parcels of property owned by THE EMIGRANT IN- DUSTRIAL SAVINGS BANK, be reduced as followse Assessment of 1941. tax of 1942 FROM Block Parcel Land Improvements Total 107 438 $ 7,500. 8 31,000. 838,500, 907 41 30,000. 32,000. 62,000. 902 497 129500. 13 ,000. 25,500. 613 237 139250. 4,000. 17,250• 114 61 8,100. 8,900. 179000. TO 107 438 7,500. 27,500. 35,00C- 907 41 149000. 28,000. 42,000. 902 497 10,000. 109000. 209000. 613 237 6 ,000. 4,000. 10 ,000. 114 61 7,000. 79000. 14,000.