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HomeMy WebLinkAbout1942_06_03 Town Board Minutes E REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD JUNE 31 1942 In the Council Room of the Weaver Street Firehouse, Town of Mamaroneck, N. Y. The meeting was called to order at 8 P. M. (Eastern War Time) by Supervisor McCulloch. Present: Supervisor McCulloch Councilmen Bates, Brewer and Mandeville Absent: Councilman Griffin The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith, Town Engineer and Superintendent of Highways Foote. The Supervisor asked if there was any one present who wished to address the Board. Mr . Frank S. McCullough, attorney, appeared to request the Board to refund or credit to his client, Peter Thomas, certain tax money paid on the wrong parcel. He explained that an agent represent- ing the former owner had received tax bills and that through some error mailed the wrong bill to Mr. Thomas, that Mr. Thomas paid same and did not discover the mistake until he was listed as a delinquent taxpayer. Mr. McCullough suggested that the amount be applied to the property for which it was intended. Following some discussion the Board recommended that Mr. McCullough file with the Town Attorney a written application with all details, the same to be considered at the next meeting of the Board. The Supervisor suggested that the meeting proceed with reports of committees . Councilman Bates stated that there was nothing to report for his departments . Councilman Brewer reported that three two-horsepower sirens had arrived that day and that the Town Engineer was planning to test them at locations on Wednesday, June 10, 1942, at 10 A. M. He said that the Park Department generator would be used for power. Councilman Mandeville reported that he had made a survey of sidewalks and had found a very bad condition along Myrtle Boulevard. He suggested that some sections be raised and others repaired where necessary. He also suggested that some of the money not used for high- way work because of the shortage of material be used for this purpose. Following some discussion he recommended that $1, 500 be set aside for sidewalk repair work in the unincorporated area. The members of the Board expressed their approval and Engineer Foote was instructed to start the work. Councilman Mandeville reported that the Highway Department was preparing timbers for the bridge over the outlet of the Larchmont Gardens Lake. He also reported that during the month of April there were 230 tons of refuse from Larchmont disposed and 167 tons of refuse from the unincorporated section of the Town disposed. The percentages show Larchmont 57.8 and the unincorporated area 42.2. The ashes collected from private homes by trucks but not put through the incinerator amounted to 40 tons . The Supervisor stated that he had heard that the government was going to put on a campaign for the collection of tin cans. He sug- gested that the Garbage Department prepare plans for this work. Councilman Mandeville advised the Supervisor that plans had already been made and that they were awaiting word on the subject. Mr. Warren Wells, attorney, representing the Scarsdale Bus Company appeared and stated that Mr. Fisher was unable to attend the meeting. The Supervisor requested the Town Clerk to read a communication dated May 28, 1912, and a memorandum of objections by the Trustees of the New York, New Haven & Hartford Railroad Company and the County Trans- portation Company. Mr. Warren Wells presented a proposal for an agreement for the operation of buses through the unincorporated area of the Town. Councilman Mandeville stated that a forty-minute schedule was almost next to nothing. He asked why the company could not operate on a thirty-minute schedule. Mr. Wells stated that the company had made test runs and that the time table had been based on the results of these runs . Councilman Brewer stated that there were times when a thirty- minute schedule was not necessary but that during train time in the morning and evening it was necessary. The Supervisor inquired as to how many buses would be in operation on the line at one time . Mr. VIells stated that that would depend upon the schedule. He said that it required forty minutes to run from New Rochelle to White Plains. Councilman Mandeville asked whether or not the bus company could start to operate the following day if the Town Board gave consent . Mr. Wells stated that they could not, as they had to make application to the Public Service Commission for a hearing and that that would require more than one hundred and twenty days for the full procedure . Councilman Mandeville asked if the bus company had received anything definite from the Mack Truck Company. He said that he wanted to be assured that the bus company could get the equipment. He asked Mr. Wells to have his company secure a letter from the Mack Company. Councilman Brewer suggested and the Board agreed that the following schedule might be considered: Weekdays Thirty-Minute Headway Morning Evening 7:30 A. I. to 10 A. M. 4:30 P. M. to 7 P. M. Saturdays Thirty-Minute Headway 7:30 A. M. to 2 P. M. All other time including Sundays and holidays - Forty-five- Minute Headway They also asked that at least three buses be used and that a letter assuring delivery of new equipment be filed with the Town. The Supervisor asked why the company agreed upon a five-cent fare in New Rochelle and then asked for a ten-cent fare within the Town of Mamaroneck. Mr. Wells replied that it was probably because New Rochelle is heavily populated and that the majority of the rides would be short ones . 893 Attorney Delius stated that as far as speed was concerned the bus company would have to comply with State laws. The Supervisor informed Mr. wells that the Board was not in a position to act on the application at this meeting and that it would be considered at a special meeting. Mr. William Brill, attorney, appeared to request the Board to apportion certain taxes on property of the wood Estate. The matter was referred to Assessor Smith. Mr. Ralph Gironda appeared to request the Board to reconsider his proposal on Block 832, Parcel 109 which was submitted to the Village of Mamaroneck and then referred to the Town. The Supervisor advised Mr. Gironda that his proposal had been denied by the Board but that he could file a new proposal before the next meeting. Councilman Brewer recommended that an arrangement be made whereby the Village of Mamaroneck would file a statement of rents with proposals for the sale of property owned by the Village . The Supervisor stated that he felt that the Town had a legal right to this information whether the village foreclosed or received property otherwise. Attorney Delius stated that he would take the matter up with Attorney Sansone of the village. Mr. Peter Doern, realtor, who was present, was asked if the village properties had been listed for sale. Mr. Doern replied that the Realty Board had made inspections of the properties and that their report was about ready for the village officials. Mr Edward Leone appeared on behalf of Frank Guadagnola to request permission to install a gasoline tank and pump for taxi purposes on the property of Joseph Brondoli at Baldwin Avenue, Town Following some discussion the matter was referred to the Building inspector and Attorney Delius . Mr. William J. Brill, attorney, appeared and presented the following petition with one hundred and eighty—eight signatures: "We the undersigned, tenants of Larchmont Acres, have the honor to petition for the passage and amendment to the zoning ordinances of Mamaroneck to establish a delicatessen in the basement of one of the buildings at LARCHMONT ACRES, exclusive for the benefit of TENANTS" The Supervisor requested the Town Clerk to read a letter dated June 1, 1942 received from Wm. A. White & Sons, managing agents for the Larchmont Acres, concerning the same subject. Councilman Mandeville asked Mr. Brill who would operate the store. Mr. Brill replied that it would be operated as a commissary and that one of the tenants would run it. He was also asked if it was to be operated for profit. Mr. Brill replied that the man would have to make his expenses as a lot of equipment would have to be installed. Attorney Delius stated that the question should be whether it would be a business or otherwise. 9 Councilman Brewer pointed out that if it was for an accessory use, it would not have to cone before the Board, but that if it was for a business use, they would have to ash: for a variance. He added that a temporary variance might be granted but that the applicant would have to take the risk, as some one might take action to enjoin it. He said that he did not think that the Board was in a position to grant the request, as it involved the question of the greatest good for the greatest number. Mr. Peter Doern, realtor, representing Robard' s restaurant at the corner of Richbell Road and Boston Post Road, informed the Board that this firm had prepared plans for a $10,000 delicatessen on their location; also that one of the purposes of this was to serve Larchmont Acres . Mr. Arthur Dunn, Jr. ,. realtor, representing Larchmont Estates, Inc. , appeared and stated that the Boston Post Road is zoned for busi- ness to a depth of 100 feet, that taxes have been based on assessments for business property and that this request was in direct competition with business property. Councilman Mandeville pointed out that about $4,000 in tax arrears had been received on some of this business property. Mr. Brill stated that the tenants did not know that such plans had been prepared for a delicatessen nearby and that that might change things. The gentlemen then departed. The Supervisor recommended the following which was on motion by Councilman Mandeville, seconded by Councilman Brewer, upon roll call, unanimously adopted: RESOLVED, that the Receiver of Taxes and Assess- - ments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on property described as Block 823, Parcel 494, - the liens for which are held by the Town, at the face amount of the lien plus interest at 6 per cent per annum, provided payment is made within thirty days: Tax Sale Amount of Year Year Lien Interest Total 1938 1939 $ 44.82 $ 8.07 $52.89 On motion by Councilman Mandeville, seconded by Councilman Bates, the following resolution was upon roll call unanimously adopted: RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on property described as Block 619, Parcel 1, the liens for which are held by the Town, at the face amount of the lien, provided payment is made within thirty days: Tax Sale Amount of Year Year Lien 1939 1940 $ 118.95 1940 1941 111.78 1941 1942 52.90 On motion by Councilman Bates, seconded by Councilman Mandeville, the following resolution was upon roll call unanimously adopted: RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on property described as Block 220, Parcel 438, the liens for which are held by the Town, at the face amount of the lien, provided payment is made within thirty days : Tax Sale Year Year Amount of Lien 89( 1939 1940 $ 49.59 1940 1941 45.12 1941 1942 40.57 The Supervisor informed the Board that the county was pre- paring to hold conferences with village and town officials on the pro- posed rules and regulations for the civil service system. He said that 3 P. M. on June 9, 1942, was the time set aside for the Town of Tilamaro- neck. Following some discussion it was on motion duly made and seconded that the Supervisor and Attorney Delius be authorized to re- present the Town of Mamaroneck at the conference. The Supervisor asked the Town Clerk to read the communications . A letter dated June 2, 1942, was received from the Garden Club of Larchmont expressing their appreciation for the Town's effort in destroying poison ivy and ragweed, also that they wished that the work would be continued and extended. The Town Clerk was asked to thank them for their interest in the work and the letter was referred to Engineer Foote. The following letter was received from Mr. C. Stewart Comeaux: May 26th, 1942 My dear Mr. Supervisor: It gives me great pleasure to advise you that I have been called to active service in the United States Army early in June. Anticipating this action, at the last meeting of the Park Commission, I instructed the Secretary to record the fact that it would be ne- cessary for me to submit to you, my resignation as a member of the Board, and to the Park Commission, as the Chairman elected for this year' s activities. I regret this course was necessary but in justice to the other members of the Commission, they should have someone who could be counted upon to be present at meetings, and to attend to the necessary duties which might not be possible in my case on account of frequent absences from home. Thanking you for your many courtesies in the past, and with kind personal regards, I am Cordially yours, (signed) C. Stewart Comeaux The members of the Board were pleased to learn of Mr. Comeaux' s connection with the armed forces but at the same time they considered the great loss of his services to the Town. The following resolution was duly made and seconded and upon roll call adopted: WHEREAS, Mr. C. Stewart Comeaux has been a member of the Town of Mamaroneck Board of Park Commissioners for five years and at present is its Chairman; and In WHEREAS, Mr. Comeaux has expressed his desire to retire from the Board and take up active service with the armed forces of the United States; NOW, THEREFORE, BE IT RESOLVED, that on behalf of the citizens of this community, we, the members of the Town Board, wish to express appreciation for his splendid work and long hours of service to the 'Town without compensation, and further that he is to be commended for his loyalty to his neighbors and now to his countrymen. - The question of filling the vacancy was left for the re- commendation of Councilman Griffin, Chairman of the Committee on Parks. A letter dated June 2, 1942, was received from John J. Conner, dog warden, in which he requested the Board to consider the rising operating costs and increase his contract from $75 .00 per month to $95 .00 per month. The matter was referred to the Supervisor . The following letter was read: June 1, 1942 Town Board Town of Mamaroneck Att: Per. Bert C. McCulloch, Supervisor Gentlemen: In reference to the Bear Cat Crane which we pur- chased from you on or about April 8, I am very sorry that there was a misunderstanding about the bucket. It was my understanding that I was bidding not only on the crane but also on the bucket which went with it. After moving the crane to my yard in Stamford, my brother sold the bucket to Mr. E. J . Denning, contractor, for $50.00. After Mr. Foote called me and said that the bucket did not go with the crane and demanded its return, I tried to purchase the bucket back from Mr. Denning and offered $75 .00 for it, so that it could be returned. Mr. Denning refused to sell. If the Town Board insists, I am willing to send you my check for $50.00, the amount that I received for the bucket. I do not believe that there is anything more that I can do than this. Yours very truly, RUBINO BROS. , INC. JR:ab By John Rubino Councilman Mandeville stated that there was nothing to do but accept the money. Councilman Brewer stated that it should never happen again. Councilman Mandeville told Engineer Foote that nothing was to be sold unless it was approved by the Town Board. It was on motion by Councilman Bates, seconded by Councilman Mandeville, upon roll call, unanimously RESOLVED, that the sale of the Bear Cat Crane for $100 and the sale of the bucket for $50.00 to Rubino Bros . be and it hereby is approved. Councilman Mandeville stated that the firemen had painted Engine No. 1 and had saved the Town a considerable amount of money and that in order to complete the job it was necessary to employ an expert to letter and stripe the truck. He said that he had recommended that it be done and offered the following claim for approval: Claimant: Andrew Weidenhamer 321 Stanley Avenue Mamaroneck, N. Y. Work done: Gold leaf lettering and black striping on Engine #1 at the Weaver Street Fire House as per estimate $22.00 On motion by Councilman Bates, seconded by Councilman Mandeville, upon roll call, it was unanimously RESOLVED, that the above mentioned claim be and it hereby is approved, the amount to be paid out of surplus funds . Councilman Brewer recommended that something be done to provide funds for the re-conditioning of the Cities Service fire truck and the purchase of the air raid alarm system. The Supervisor stated that he was anxious to find out what the County was going to do on defense items . He said that if the Town was going to go along on the county plan, then the re-conditioning of the truck should be initiated by the Fire Council. Councilman Brewer stated that the reconditioning should be considered a defense item. Following a discussion with Fire Chief Burton and Town Engineer Foote, the members of the Board requested Attorney Delius to prepare papers and obtain an opinion for the sale of certificates in the amount of $3, 500 to cover expenditures for the above mentioned items. On motion by Councilman Brewer, seconded by Councilman Mandeville, it was unanimously RESOLVED, that Chief Burton be and he hereby is directed to make arrangements for the re- conditioning of the Cities Service truck at a cost not to exceed $900 and also to arrange for the purchase of six (6) Indian hand pumps with equipment at a cost not to exceed $102.00. The Supervisor complimented Chief Burton upon the fine showing the Fire Department made in the Memorial Day parade. Attorney Delius reported that he had received a letter from Village Manager Johnson, suggesting that the Town take action to fore- close the property known as the Pleasant Hour Grill, Mamaroneck Avenue Block 901, Parcel 126. Ir Following some discussion the Town Attorney was requested to advise Mr. Johnson that upon receipt of the proper resolution and a statement of rents the Town would consider this suggestion. The Town Attorney presented a bill for services rendered by Mr. David Embury to the Zoning Board of Appeals in the Maria De Bartolo case for $500 and disbursements, and stated that at a meeting of the Zoning Board of Appeals, they had approved the same and requested that the Town Board also approved it. On motion by Councilman Mandeville, seconded by Councilman Brewer, it was RESOLVED, that the claim be approved and paid if funds are available and, if necessary, the amount therefor, either in whole or in part, included in the budget for 1943. Assessor Smith stated that he wished to attend the conference of assessors of New York State on June 8 and June 9 in Syracuse, New York. On motion by Councilman Mandeville, seconded by Councilman Bates, upon roll call, it was unanimously RESOLVED, that Assessor Smith be and he hereby is authorized to attend the conference of assessors of New York State to be held in Syracuse, New York, on June 8 and June 9, and that the amount of $25.00 for expenses be paid out of the item in the assessorls budget for 1942 for that purpose. On motion by Councilman Mandeville, seconded by Councilman Bates, the following resolution was introduced: RESOLVED, that Bert C. McCulloch be and he hereby is appointed a member of the Board of Review for the year 1942. A vote taken on the foregoing resolution resulted as follows: AYES: Councilmen Bates, Brewer, Mandeville NOES: None NOT VOTING: Supervisor McCulloch Councilman Brewer introduced the following resolution, which was seconded by Councilman Bates: RESOLVED, that Owen A. Mandeville be and he hereby is appointed a member of the Board of Review for `..'' the year 1942. -- A vote taken on the foregoing resolution resulted as follows: AYES: Councilmen Bates, Brewer Supervisor McCulloch NOES: None NOT VOTING: Councilman Mandeville Councilman Brewer introduced the following resolution, which was seconded by Councilman Bates: RESOLVED, that Mr. Munroe Stiner be and he hereby is appointed a member of the Board of Review for the year 1942 to serve at the pleasure of the Town Board at the amount fixed in the 1942 budget. A vote taken on the foregoing resolution resulted as follows: AYES: Supervisor McCulloch Councilmen Bates, Brewer and Mandeville NOES: None The following report was received from the Public Welfare De- partment for the month of May, 1942: May May 1941 19,42 Case Load 264 138 Individuals 1069 493 Case Days 7869 3949 Total Relief Expended $10,248.61 $52424.02 Average Cost Per Case 38.82 39.20 Average Cost Per Individual 9. 59 11.00 Average Cost Per Case Day 1.30 1.37 Average Cost Per Individual Per Day .321 .384 The following reports were received and filed: (1) Receiver of Taxes for the month of May; (2) Building Inspector for the month of May; and (3) Plumbing Inspector for the month of May. At 11:15 P. M. the Board unanimously resolved to adjourn. Town Clerk