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HomeMy WebLinkAbout1942_11_30 Town Board Minutes HEARING AND REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD 30, 1942 In the Council Room of the Weaver Street Fire House, Town of Mamaroneck, New York. The meeting was called to order by Supervisor McCulloch at S P. E. (Eastern War Time) . Present: Supervisor McCulloch Councilmen Brewer, Griffin, Mandeville Absent: Councilman Bates The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith, Superintendent of Highways and Town Engineer Foote. The regular order of business was suspended and the Super- visor announced the Board would proceed with a hearing, notice of which was given to the New York Telephone Company under the provi- sions of Section 33 of the Westchester County Tax Act. The Clerk presented the notice and a copy of the AssessorTs petition initiat- ing these proceedings, with due proof of mailing thereof to the New York Telephone Company. Mr. Arthur Brennan, was present, stated that he as a member of Bleakley, Platt and WaIker, attorneys in White Plains, appeared as counsel for Charles Russell, Esq. , attorney for the New York Telephone Company. He submitted a memorandum to the Board and then proceeded to state his principal objections to the procedure which is outlined in the noticed petition. These are as follows: 1. That the telephone equipment, which the Board intends to add to the roll of 1942-1943s omitted, is actually not real pro- perty and cannot be assessed as such 2. That the procedure which the Board intends to follow is in violation of the Telephone company' s constitutional rights since the applicable statutes do not provide provide for a review by cer- tiorari of the valuation placed this telephone equipment There then followed a discussion between members of the Board, the Town Attorney and Mr. Brennan In answer to questions Mr. Brennan stated that a decision of the Court of Appeals on the pincipal issue, as to whether the telephone equipment is taxable, can be expected shortly after Janua- ry as the case has been noticed for argument in that Court for the January term; that the Town of Mount Pleasant had initiated a similar proceeding but upon his objection , had decided to discontinue any effort to correct the 1942-1943 roll; and that the Telephone Company believed that the proper procedure was to add the property omitted from the 1942-1943 roll to the 1943-1944 roll next June, provided the Court of appeals in the meantime sustains the contentions of the City of Syracuse in the principal case which holds that the equipment is taxable as real estate. Upon motion of Councilman Brewer, seconded by Councilman Mandeville, the memorandums was referred to the Town Attorney for an opinion to be rendered to this Board, and the hearing was closed. The Supervisor suggested that the Board proceed with the business of the regular meeting. '', He requested the Town Clerk to read the communications . A letter dated November 23, 1942, was received from the Board of Police Commissioners signed by Victor H. Stempf, stating that Officer Eugene DeVeau had entered the armed forces and that the Board of Police Commissioners recommended a leave of absence. Mandeville, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented a petition for the correction of the assessment roll for certain years, pursuant to the provisions of Section 33 of Chapter 5 of the Laws of 1916, as amended, known as the Westchester. County Tax Act; and WHEREAS. after due consideration this Board finds it desirable to grant said petitions for the correction of said assessment roll; IL pri RESOLVED, that the Globe indemnity Company Bond Eo. A315554 made in favor of the Town of Mamaro- neck in the amount of $1,000 covering the position of town constable and naming Leonard J . Grosso as principal be and it hereby is approved and that same be placed on file ', as required by law. NOW, 'THEREFORE, BE IT RESOLVED, that the assessment roll for the year 1941, taxes of 1942, which shows property appearing on the rolls as follows: Section Block Lot Owner Land Imp. Total 9 95 2(952-153) Rose 0 ., Brillhart $'30,000 13,000 43,000 be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner Land. imp. Total 9 95 2 (952-153) Atlantic Municip;l $25, 500 9, 500 35,000 Corp. 9 95 2A(952-175) Henry H. Stansbury- 4, 500 3, 500 51000 FURTHER RESOLVED, that the assessment roll for the year 1942, taxes of 1943, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Imp. Total 9 95 2(952-153) Rose 0 Brillhart $27,000 13,000 405000 be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner Land Imp . Total 9 95 2(952-153) Atlantic municipal $22, 500 9, 500 32,000 Corp. 9 95 2A(952-175) Henry H. Stansbury 4, 500 3, 500 5,000 Attorney Delius presented the public officials ' s bond cover- ing in the position of town constable which he said was in proper form. It was on motion by Councilman Griffin, seconded by Council- man Mandeville, upon roll call, unanimously RESOLVED, that the Globe indemnity Company Bond Eo. A315554 made in favor of the Town of Mamaro- neck in the amount of $1,000 covering the position of town constable and naming Leonard J . Grosso as principal be and it hereby is approved and that same be placed on file ', as required by law. The Town Attorney reported- that as directed by the Board he accompanied the Supervisor on a trip to Albany to secure permission from the State Comptroller for the issuance of refunding bonds in the amount of $60,000. He stated that the Supervisor was successful and presented a duplicate original of the order permitting the Town to issue such refunding bonds in the amount mentioned. The original order, he explained, was filed in the State Comptroller' s office as required by law. The duplicate order read and on motion duly made and seconded ordered filed. The Town Attorney reported that with regard to salary or wage increases of Town officers and employees, he had consulted the Regional Office of the War Labor Board in Albany and New York as well as the Department of Audit and Control of the State of New York in Albany and it was suggested that in view of certain exceptions speci- fied by the War Labor Board to Executive Order of October 3rd, with regard to stabilization of wages and salaries, application should be made upon forms provided by the War Labor Board to the Regional Office for a ruling as to whether or not the increases contemplated in the tentative budget would require approval from the War Labor Board and that if the ruling stated that such approval was necessary then a fur- then application would have to be made to the War Labor Board in Wash- ington, D. C. He stated further that he was preparing the necessary appli- cation for the Regional Office. Mr. Harry T. O 'Brien, Director of the Department of Audit and Control in Albany, had stated that if such salary increases were not approved by the War Labor Board, a question would be raised upon the audit of these items by the State auditors . The Supervisor stated that there was no doubt that all of the members of the Board had lead of the death of Police Commis- sioner John W. Luce . He praised his work and stated that the Town had lost a very valuable citizen. He recommended that Councilman Brewer prepare an appropriate resolution to be entered in the records and a copy mailed to the Luce family, further that when the Board adjourned that it do so out of respect to the memory of Commissioner Luce . Councilman Griffin and 'Councilman Mandeville moved that this be done The Supervisor presented the following financial reports for the period January 1 to October 31, 1942, which were ordered filed: (1) Summary of Receipts Disbursements; (2) Budget Appro- priations and Expenditures; and 3) Analysis of 'Estimated Revenues . The Supervisor informed the Board that a meeting was held on November 27, 1942, by the County Commissioner of Public Works James C. Harding, and the mayors and supervisors of cities and towns affected by floods from stories water. He said that when the discussion reached the point about local conditions in each municipality, repre- sentatives of Scarsdale made a definite statement that they would not do anything until the Sheldrake River was deepened and widened. The Supervisor stated that while the cost of this project would be one of the largest expenditures, he felt that they should share in the cost as it would benefit them as well as this town. He said that the entire county is to a limited extent subject to damage from flood from storm water and that the worst condition was along the Sound side of the county and that it was agree at the meeting that the war precluded the possibility of a construction program at this time. He stated that there was a possibility of getting state or federal funds for the program under the proposed Post-War Planning Act. He informed the Board that the State wants the Town to put in a project and that a re- presentative was due to stop at he Town Offices on Wednesday, Decem- ber 2, 1942 . He requested the Town Engineer to be present. The Supervisor presented the following letter with claims from the Westchester Joint later No . 1 attached: Town Board November 30, 1942 Town of Mamaroneck New York Gentlemen: The following are capital charges for work done during the year in connection with the distribution system of Westchester Joint Water Works No. 1, said distribution system owned by the Town. Authorization is hereby requested to transfer from surplus funds of this Water Account the necessary funds to make payments as listed below: Installation of 39.5% ft. of 6" translate pipe on Lafayette Road. Resolution of Town Board, June 19 1942 $99.69 Changing location of fire hydrant on Rockbridge Road 24.66 Cost of meters installed in the Town of Mamaroneck during the 6 months ended June 30 1941 691.30 Replacing concrete pavement and walk in front of the page property 350 weaver street due to the lowering of service line. Resolution of Town Board November 6, 1940 207.99 Cost of meters installed in the Town of Mamaroneck during the 6 months ended December 30, 1941(credit) 269.44 Changing location of fire hydrant on Harrison drive and Shadow lane 37.11 Changing location of fire hydrant in front of Burton property Edgewood Avenue as per letter of A.J. Foote March 12 1942 26.47 Installation of service line to the Chapel Property Weaver Street and Palmer Avenue 61.64 Cost of meters installed in the Town of Mamaroneck during the 6 months ended June 30, 1942 521.80 Total $1,401.22 Yours very Truly Bert C. McCulloch Supervisor Following some discussion it was on motion by Councilman Mandeville seconded by Councilman Brewer upon roll call the Supervisor not voting RESOLVED, that the Supervisor be and he hereby is authorized to transfer from surplus funds of the Water Account $1,401.22, to the Capital Fund in order to pay the claims of Westchester Joint Water Works No. 1 itemized in the above letter; and be it FURTHER RESOLVED, that the Comptroller is hereby authorized to audit the claims and the Supervisor directed to pay same . At 9: 50 P. M. the Board unanimously resolved to adjourn. PUBLIC HEARING BY AND BEFORE THE TOWN BOARD OF THE TOWN OF MAMARONECK, NEW YORK IN ACCORDANCE WITH THE TOWN LAW, HELD DECEMBER 10, 1942 In the auditorium of Mamaroneck Senior High School, Palmer Avenue, Mamaroneck, N.Y. The hearing was called to order by Supoervisor McCulloch at 8 :15 P . Pl. (Eastern car Time) Present: Supervisor McCulloch Councilmen Breyer. , Griffin, ➢,Mandeville Absent: Councilman Bates The .presence was also rioted of Town Clerk Payne, Tov;n Attorney Delius, Welfare Officer DeVinne, 'Assessor Smith, Justices Of' the Peace Baxter and Messersmith, Chief of Police Yerick and Police Commissioner Johnson. At the request of the Supervisor the Town Clerk read the affidavit of publication of the ice of the hearing, published in "The Dail ; Tunes", the official newspaper, of the on November 30 1942. The Supervisor then declared the meeting open for conients concerning the proposed budget for 1943 . Mr. Harry Byrne read a prepared statement. The Supervisor asked Mr. Byrne if he would file a copy of his statenient with the Board and the said that he would but failed to do so. Mr . William Eklund ref Erred to the refunding as explained in a newspaper article to which Mr. Byrne had referred in his state- ment and inquired why a year ago the Town Board had stated that it could not be done and was not advisable and ;set a year from then. had changed their minds . Supervisor McCulloch replied that changed conditions had brought it about, and that he vvas still not sure it was the wise thing to do . Mr . Eklund stated that he wanted to make clear at this time that the budget without this refunding would be $20,000 more than last year and that with the refunding it is $40,000 less, or in other words it has been used for the purpose of reducing the budget. Councilman Brewer conunented. that Mr. Byrne had made a very good political speech. Mr . Eklund replied that the Democrats have to take this op- portunity to express their views (because they have no representation upon the Board. Mr . Anthony Russo, representing the Larchmont Gardens Asso- ciation, inquired vihether the retirement fund contribution would be a fixed amount at the sum stated in the budget or whether it might change to a greater amount, as the years go on. Supervisor McCulloch stated that as he remembered it, it wrould not be any greater. He explained that the state representatives had set up the system on an actuarial basis and at the time it was adopted all of the employees had 'a choice of joining but were not forced to do so. Most of them joined and all new employees have to join. Pair. Russo asked what percentage is paid by the Town and what by the employees . The Supervisor explained that it depends upon the employee but runs about half and half Mr. T. Roosevelt Allen inquired whether or not thre was any possibility of reducing the current charge for street lighting in view of the dimout regulations The Supervisor said that the item for street lighting had been reduced from $20,000 to the present figure adn that some people feel that the town has gone almost too far and the streets are too dark Mr. Allen suggested that the wattage be rduced still further in order to realize a saving He also inquired if there would be any way if consolidating the job of building and plumbing inspector with another job in view of the fact that there is very little building now Supervisor McCulloch explained that the man who holds that position also works in the assessor's department on maps and so forth Mr. Russo expressed the thanks of the Larchmont Gardens Association for the item of $2,000 placed in the budget for flood control but stated that in connection with this Mr. Richard had submitted a very fune survey relative to flood control a copy of which had been not go to another firm of engineers to make a resurvey of something that has already been done by Army engineers and their own chairman Mr. Land Supervisor McCulloch stated that the Board had not made any plans to spend the money but thought that the item should be included in the budget. He said that no part of it had been allocated yet He reported that he had recently attended a meeting called by the county commissioner of Public works and that the County is now working on the idea that inasmuch as the Sheldrake River originates in Scarsdale it is pretty well understood that our own cmmunity is in the center of the stream. He expressed the hope that the country would take the lead in correcting the conditions Mr. Alien commented upon the welfare budget expressing the opinion that under present conditions if there is any employment here it should be felt by the relief rolls by this time and that we should expect the welfare budget to remain around the appropriation for 1943 which shows a reduction of $35,000 over last year. In spite of the reduction he recommended that the Town Board aim at a "work for relief" plan similar to the New Rochelle plan in order to bring about further relief for the taxpayers Supervisor McCulloch asked Mr.Devinne if all emplyables on the relief rolls have found employment Mr.DeVinne replied that there are four potential employables still on the relief rolls but that it is doubtful whether it would pay to secure jobs for them Mr. Allen suggested that the Park Department might hire the men Mr. DeVinne stated that the Park Department could have them any time. He said that he did not believe that Mr. Allen was quite right about the "work for relief" plan in New Rochelle because there is no law that permits such a plan in New York State He stated that there are about 300 people on the relief rolls and that they had hopes of getting two men "fixed up" so that they could secure work at defense plants He pointed out as an explanation of the administrative expenses that the Welfare Department makes investigations for the draft boards and has about 150 names each month that they must clear through the County. If any of these individuals have received assist- ance of any Find, the case workers must make a case history of the boy, which is sent along with him to be opened by the Army medical examiner. Mr. Allen asked if Lir. DeVinne expected any of the men employed on W. P . A. iprojects to come back on home relief now that the W. P. A. program had ceased. Mr. DeVinne said that he did. not think so . The Supervisor suggested that since there are usually the same people who attend the hearings each year, it might be well to hold the meetings in siaaller room such as the music room rather than heat the auditorium. There there no objections to this suggestion and it arras decided that the hearing would be advertised for a. smaller place. There being no others who wished to adaress tide Board, the hearing was declared. closed at 9:55 P.M. Town Clerk "