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HomeMy WebLinkAbout1942_10_21 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD OCTOBER 21, 1912 In. the Council Room of the Weaver Street Firehouse, Town of Mamaroneck, N. Y. The meeting was called order by Supervisor McCulloch at 8 P. M. (Eastern War Time) . Present: Supervisor Mc Councilmen Brewer, Griffin and Mandeville Absent: Councilman Bates The presence was also of Town Clerk Payne, Town. Attorney Delius, Assessor Smith, Town Engineer, and Superintendent of Highways Foote. The minutes of the meeting of October 7, 1942, were approved as presented. The Supervisor suggested'' that the meeting proceed with reports of committees, Councilman Griffin returned the sketch for the landscape work proposed by The Howell Park Association for the site formerly known as the "Weaver Street Chapel Property" and stated that the Board of Park Commissioners had approved of the plan, although it was not the way in which they would do it. He pointed out suggestions made that enough good soil be placed around the trees, also that pipe lines be installed to supply water during dry seasons. He said that without these things the trees might die within two or three years . The Town Engineer agreed with Councilman Griffin that the improvement would cost The Howell Park Association a considerable amount of money. Councilman Griffin inquired if the association intended to complete the work during 1913 and if so, would it not require an item for maintenance in the Park Department budget for the same year. The Supervisor stated that from talk by the members of the association he understood that was a plan to go by and that it would not be completed next year. Councilman Griffin stated that the Park Department was quite willing in its approval of the plan, providing they were not called upon to re-plant shrubbery and trees which may dry up because of im- proper planting. The Supervisor suggested that the planting should be done under the supervision of the superintendent of parks. On motion by Councilman Brewer, seconded by Councilman Griffin, it was unanimously RESOLVED, that the Town Board hereby approves in general the proposed plan for the improvement of the so-called "Weaver Street Chapel Property" by The Howell Park Association; and be it FURTHER RESOLVED, that such approval is given provided that certain pipe installations are made for water supply and that the Town Park Department is not called upon to furnish funds out of its 1943 budget for this improvement, also that before work is started or contract is let the final plans shall be submitted to the Town Board and such work or contract shall proceed under the supervision of the superintendent of parks of the Town of Mamaroneck, New York. Attorney Delius suggest that when and if this land is improved it should be conveyed to the Park Department. Councilman Griffin reported that work had been started for the construction of the honor roll in the Station Park area near the intersection of Myrtle Boulevard and Murray Avenue . He said that the foundation was complete and that the workmen were erecting the frame- work. He said that some thought had been given to the planting around the structure, also to a walk of flagging so that people could approach it to read the names . Councilman Brewer stated that it was his opinion that the joint garbage incineration plant should be covered with war damage insurance, fire insurance and extended coverage so as to protect the Towns interest. He said that as chairman of insurance matters he would recommend that this be done. The Supervisor, being a member of the Larchmont-Mamaroneck Joint Garbage Disposal Commission, took note of Councilman Brewer" s recommendation and stated that he would take the matter up with the commission. Councilman Mandeville reported that certain repair work was being done on sidewalks along weaver Street and North Chatsworth Avenue. He also reported that two men of the Highway Department were assisting in the construction of the honor roll. Councilman Mandeville moved and Councilman Griffin seconded the following, which was on roll call unanimously adopted: RESOLVED, that leave of absence is hereby granted to Anthony Loiaconi of the garbage Department pursuant to Section 246 of the Mitary Law, he having entered the military service of the United States, such leave of absence to continuering the period of such service as provided by the law; and be it FURTHER RESOLVED, that Philip Librandi is hereby appointed to fill the temporary vacancy in the Garbage Department occasioned by the leave of absence of Anthony Loiaconi now in the Military service of the United States, such appointmentment being hereby designated as a substitute appointment pursuant ,to the provisions of Section 240 of the Military Law of the State of New York. Councilman Mandeville raised a question about the reconstruc- tion of the bridge on Lakeside Drive over the outlet of Larchmont Gardens Lake . He said that as a '' safety measure something should be done to get the job finished. He pointed out that in case of fire the drive would be a one-way street and cause a dangerous condition. The Supervisor advised that the and Town Engineer Foote had been after the county day after day to get the job done. He said that he believed that he would ha the Board. Councilman Mandeville brought up some word for the next meeting of DeBartolo residence at the corner of Emerson Place and Murray Avenue and asked if something could be done to settle it. Following the report of the Town Attorney it was decided that certain steps be taken in an effort to close the matter. Fire Chief Burton appeared before the Board and referred to his recommendation offered at an earlier meeting that blackout drapes be provided for the auditorium of the firehouse. He presented estimates which had been submitted by several firms . Following some discussion during which the members of the Board viewed the samples of materials offered, it was recommended that Chief Burton contact the lowest bidder and have him appear at the meet- ing. Councilman Mandeville asked Chief Burton what had been done about the question of heating for the firehouse building. WPM ' Chief Burton advised that the price of oil had advanced while the price of coal had decreased. He recommended that the heating system be converted from oil to coal. He stated that according to estimates it would cost $150.00 to do the job. It was on motion by Counilman Mandeville, seconded by Council- man Brewer, upon roll call, unanimously RESOLVED, that the Fire Department be authorized to convert the heating system of the Weaver Street Firehouse from an oil burning system to a coal burning system at a cost not to exceed $150.00, the same to be paid out of the 1943 budget for the Fire Department. Chief Burton informed the Board that three more members of the Fire Department had entered the armed forces and that it was again necessary for him to request that assistance be given to aid in fighting brush fires . He said that in the case of a general alarm regular mem- bens would leave their work to respond, but in the case of brush fires it was hard to expect the few members who are left to respond continu- ously. He asked that the force of the Park Department be directed to assist. The members of the Board advised the Chief that the question would have to be referred to the Board of Park Commissioners . Councilman Brewer suggested that the Fire Department lower the age limit so as to admit mature boys of 18 years and over. He also suggested that the Fire Chief contact the Superintendent of Schools and request the cooperation of the school system. The Supervisor requested the Town Clerk to read the communications. A letter dated October , 1942, was received from Receiver of Taxes Dillon, in which he advised that Mr. E. R. Jung had requested permission to pay certain tax arrears at a reduced amount on a strip of land adjoining his property. He explained that the strip was left over following a foreclosure act and that Mr. Jung was trying to negotiate for title of same. Following some discussion Councilman Brewer moved and Council- man Griffin seconded the following resolution which was unanimously adopted: RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on Block 404, Parcel 152, the liens for which are held by the Town, at the face amount of the lien, provided payment is made within thirty days Year of Year of Amount of Tax Sale Lien 1936 1937 19 .55 1939 1940 20.37 1940 1941 6.69 1941 1942 20.46 A letter dated October 13, 1942, was received from the Mama- roneck Health Center, Inc . signed by Ada G. Meehan, Supervising Public Health Nurse, stating that Miss Jane Holden had resigned from the staff of the Mamaroneck Health Center on October 15, 1942• The letter was received with regret and ordered filed. A letter dated October 13, 1942, was received from the Mama- roneck Health Center, Inc. signed'', by Ada G. Meehan, Supervising Public Health Nurse, advising that Neva Martin Collins, registered nurse, had been given a temporary appointment on the staff of the Mamaroneck Health Center effective October 16, 1942. It was on motion by Griffin, seconded by Council- man Mandeville, unanimously RESOLVED that the action of the Mamaroneck Health Center, Inc . in granting a temporary appointment to Neva Martin Collins as a member of the staff of the Mamaroneck Health Center be and it hereby is ratified. Mr. Mandeville introduced the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF $140,000.00 CERTIFICATE OF INDEBTEDNESS OF THE TO'VN OF MAMARONECK, IN ANTICIPATION OF THE RECEIPT OF TAXES LEVIED FOR TOYVN PURPOSES. RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARO- NECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. In anticipation of the receipt of unpaid State, County, Town and Town District taxes for the fiscal year beginning January 1, 1942 and ending December 31, 1942, and for the purpos of providing moneys (a) to pay to the County Treasurer the amount of unpaid State and County taxes, and. (b) to meet the lawful expenditures of the Town and of the town district under the appropriations for said year, the Supervisor is hereby authorized and directed to issue a Certificate or Certificates of Indebtedness of the Town in the total princial amount of $140,000. 1 pursuant to Chapter 105 of the Laws of 1916 of the State of New York, as amended. Section 2. It is hereby determined and declared: (a) The total amount of State, County, Town and Torun District taxes levied said Town for said fiscal year is $1,382,309 .38. (b) The total amount of said taxes due and unpaid, is $151,871.00. (c) The total amount of the collection of said out- standing in anticipated is none. Section 3 . The matters in connection with said Certificate of Indebtedness as are hereby determined: Date: November 5, 1942 Maturity: July 1, 1943 Denomination: $140,000 Interest rate per annum: Number: T. R. - $140,000 Form: Substantially the form determined by resolution adopted January 45 1939, except that said Certi- ficate shall be signed by the Supervisor and countersigned by the Town Clerk, and shall recite that it is issued pursuant to the provisions of the Westchester County Tax Law, constituting Chapter 105 of the Laws of 1916, as amended, and by virtue of a resolution duly adopted by the Tovm Board on October 21, 1942, for money borrowed in anticipation of the collection of unpaid state, county, town and town district taxes levied in said Town for the fiscal year commencing January 1, 1942• The Supervisor is hereby authorized to determine all matters in connection herewith not determined by this or subsequent resolution and his signature upon said Certi- ficate shall be conclusive as to such determinations. Said Certificate of Indebtedness shall be signed by the Super- visor and countersigned by the Town Clerk and shall have the corporate seal affixed thereto. The Supervisor is hereby. authorized and direted to sell said Certificate of Indebtedness at private sale at not less than par, with- out advertisement or public bidding and to deliver the same to the purchaser upon receipt of the purchase price plus accrued interest from the date of the Certificate to the date of delivery. Section 4. The faith and credit of the Town of Mamaro- neck are hereby pledged for the punctual payment of the principal of and interest on said Certificate of Indebted- ness and unless otherwise paid or payment provided for taxes shall be levied on all of the taxable property in said Town in an amount sufficient to pay said principal and interest. On motion of Mr. Mandeville, seconded by Mr . Griffin, the foregoing resolution was adopted the following vote: AYES: Supervisor McCulloch Councilmen Mandeville, Griffin, Brewer NOES: None On motion by Councilman Brewer seconded by Councilman Griffin, it was upon roll call unanimously RESOLVED, that in accordance with the provisions of Section 36 of the Westchester County Tax Act the Supervisor be and he hereby is authorized, empowered and directed to re-sell all tax liens purchased by individuals at the tax sale held May 27, 1942, on which there are unpaid balances, the date of sale to be November 27, 1942; and be it FURTHER RESOLVED, that notice of the re-sale of these tax liens be advertised in "The Daily Times" , the official newspaper, on November 6, November 13 and November 20, 1942. On motion by Councilman Brewer seconded by Councilman Griffin, it was upon roll call unanimously RESOLVED, that the matter of the demolition of the so-called Gironda Building, No . 666 Old White Plains Road, Village of Mamaroneck, New York be left to the determination of the Village Building Inspector and the Village Board; FURTHER RESOLVED, that it is decided that the building should be demolished, the Town Board hereby concurs in such action. The Supervisor presented the following financial statements which were ordered filed: (1) Analysis of Budget Appropriations and Expenditures from January 1 to September 30, 1942; and 2) Summary of Re ceipts and Disbursements (3) Analysis of Estimated Revenue from January 1 to September 30, 1942 • The Town Clerk' s report for the month of September, 1942, was received and filed. At 9:15 P. M. the Board suspended the regular order of busi- ness to go into executive session. At 9:30 P.M. the Board resumed the regular order of busi- ness . The Supervisor read a letter dated October 17, 1942, received from Hodge & Hammond, Inc. in which they offered to sell for the Town the Austin-Western road roller. Following some discussion the Supervisor was authorized to advise the company that the Town did not wish to sell the road roller. Fire Chief Burton appeared with Mr. J. Patchen of Patchen Brothers, the lowest bidder offering to furnish drapes for the fire- house auditorium. Following some discussion it was on motion by Councilman Mandeville, seconded by Councilman Brewer newer, upon roll call, unanimously RESOLVED, that the Fire Department be and it hereby is authorized to award to Patchen Brothers the contract to furnish or the firehouse auditorium drapes and fixtures as sacified in their estimate or bid; FURTHER RESOLVED, that cost of same shall not exceed $257.00 and that amount shall be paid out of the 1943 budget the Fire Department. The Town Attorney stated that he had been requested by the Comptroller to advise him concerning the legality of claims presented by Rationing Board No. 55-0-9 and also by the Town Engineer for the construction of the so-called honor roll in the Town park near the railroad station. He stated further that he had complied with this request and rendered an opinion of' which a copy had been given to the Supervisor, in which he stated that so far as the honor roll is con- cerned the only authority for the payment of moneys was either for a general town improvement, subject to a permissive referendum, as pro- vided in the Tovvn Law, or an improvement by the Park District under the provisions of the Park District Law which must be initiated by the Board of Park Commissioners and approved by the Town Board, and that if the procedure outlined either in the Town Lava or in the Park District Law was followed, the funds used for the honor roll must be appropriated either from general town funds or from Park District funds depending upon which procedure is followed. With regard to any appropriation for the Rationing Board he stated his opinion to be that no ; such appropriation could be made since the Rationing Board operates strictly in accordance with federal law and the members of the Board are appointees of the Office of Price Ad- ministration and that, therefore, an appropriation of Town funds would be in violation of constitutional provisions which provide that Town moneys can be appropriated only for Town purposes with the possible exception of the purchase of furniture, equipment and the granting of permission to the Rationing Board to use town property for its office space. His opinion was that fund should not be appropriated. The Supervisor then stated that he had a request from the Rationing Board for the payment of rent, but in view of the opinion given by the Town Attorney no act on was taken upon this request. The Town Attorney, however, was instructed to write to the State War Coun- cil for their opinion as to the method of financing local rationing boards. The Town Attorney was further requested to contact Mr. David Embury, a member of the Park Commission, and discuss with him the possibility of having the expense of erecting the honor roll paid from surplus in the Park District budget. At 10:30 P. M. the meeting adjourned Town Clerk