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HomeMy WebLinkAbout1943_04_21 Town Board Minutes ti PUBLIC HEARING AND REGULAR MEETING OF THE TOWN BOARD, TOWN OF MAMARONECK, N. Y. HELD APRIL 215 1943 In the Council Room of the Weaver Street Firehouse, Torn of Mama- roneck, N . Y. The meeting was called to order by Supervisor Iliandeville at 8:15 P. M. Eastern War Time. Present: Supervisor Mandeville Councilmen Griffin, Keeler, Embury and Stiner Absent: None The presence was also noted of Town Clerk Payne, Town Attor- ney Delius, Assessor Smith, Comptroller Orsino, Superintendent of High- ways and 'Town Engineer Foote and Public Welfare Officer DeVinne. The regular order of business was suspended in order to hold the public hearing called for the purpose of considering the applica- tion of the County Transportation Company, Inc. for the consent of the Town of Mamaroneck, under the provisions of Sections 66 and 67 of the Transportation Corporations Lava for the operation of buses on that por- tion of Palmer Avenue lying in the 'Town between the boundary lines of the Village of Larchmont and the City of New Rochelle. Mr. Frank J. Zwick, attorney, representing the County Trans- portation Com-oany, addressed the Board concerning his company' s appli- cation and contended that regardless of how the Public Service Commission might hold on the application of the Scarsdale Bus Company at its hear- ing, it would not in any way affect his company' s petition to the Town, because eventually they would also have to petition the Public Service Commission to operate over this same highway. He asked that the Board give full consideration at this meeting to the application of the County Transportation Company. Mr. Warren Wells, attorney, representing the Scarsdale Bus Company, recalled that last summer the Scarsdale Bus Company had ob- tained the consent of the Torun of dmamaroneck to operate on this portion of Palmer Avenue but had not taken advantage of this consent because the Public Service Commission had denied them permission to operate a through route from White Plains to New Rochelle. He explained that the Citv of New Rochelle had requested the Public Service Commission to re- open the hearing on the application of the Scarsdale Bus Company because they were anxious to have a direct route from New Rochelle to White Plains . He stated that the City of New Rochelle did not feel that it would be necessary to have another hearing before granting another con- sent, but if they could not extend the consent granted last year, they were willing to approve another application for a hearing. He asked that the Town Board wait until the Public Service Commission reaches some decision on his company' s application before taking any action on the petition of the County Transportation Company. Supervisor Mandeville stated that inasmuch as an application of the Scarsdale Bus Company to operate over this same portion of Palmer Avenue on a through route from White Plains to New Rochelle is still being considered by the Public Service Commission and a hearing will be held by this Commission on April 29, 1943, he would like to have consideration of the County! 'Transportation Company' s application to the 'Town postponed for thirty days. Mr. Zwick asked the Town Attorney for an opinion as to whether or not the consent granted by the Town to the Scarsdale Bus Company last year to operate on Palmer Avenue could be extended or whether there would have to be another public hearing. Torun Attorney Delius stated that in his opinion the consent granted the Scarsdale Bus Company is no longer in effect. Councilman Griffin stated that the Town Board had originally granted a consent to the Scarsdale Bus Company to operate on Palmer Avenue and that he would like to 'see them retain it. Mr. Zwick pointed out that if the Scarsdale Bus Company were granted a consent to run buses on Palmer Avenue it would be a serious drain on the County Transportation Companyts revenues, almost 31 per cent, and that that was one of the reasons why the Public Service Com- mission had denied the franchise 'last year. Supervisor Mandeville again emphasized the fact that the im- portant part of the bus route is not the service rendered on Palmer Avenue but the need of a through 'route from New Rochelle to White Plains , without transfer or without having to change from one bus line to another . He inquired of Mr. Zwick if the County Transportation Company were pre- pared to arrange for a through route from New Rochelle to White Plains . Mr. Zwick stated that he would take the matter up with the manavement immediately. The Supervisor said that he would not object to two bus lines running on Palmer Avenue and that he wished to do whatever would benefit the greatest number of people. Councilman Keeler suggested that the Board give both companies the consent, but both lair . tells and Mr. Zwick pointed out that the Office of Defense Transportation has ruled against two bus lines operating over the same route . Mr. Zwick explained that before the County Transportation Com- pany could petition the Public Service Commission they would have to secure the consent of the various municipalities to operate over the Palmer Avenue route and that that was the reason he was anxious to have the Board act upon his company' s application. Mr. Wells requested that the Board lay consideration of the matter over for thirty days and that 'Town Attorney Delius look into the law to see whether or not the Scarsdale Bus Company consent could be extended or whether there would have to be another hearing. At the request of Mr. Zwick, Town Attorney Delius was directed to render an opinion on the present status of the consent granted to the Scarsdale Bus Company last year and to send a copy to the County Transportation Company. Supervisor Mandeville asked if there was any one else pre- sent who wished to comment upon the application of the County Trans- portation Company. There being no one it was agreed by the members of the Board that the decision, upon the application of the County Transportation Company, Inc . be postponed for thirty days and the Supervisor declared the hearing closed. The Supervisor recommended that the Board proceed with the regular meeting. The minutes of the meeting of April 7, 1943, were approved as presented. A letter dated April 20, 1943, was received from George V. Bates, Jr. , expressing the deep gratitude of his family for the reso- lution adopted by the Board in memory of his late father, Councilman George V. Bates . A letter dated April 13, 1943, was received from Mrs . Frances H. Mitchell, Social Case Worker of the Public Welfare Department, stating that she was about to accept a position with the American Red Cross Home Service beginning May 1, 1943 and asked for a leave of ab- sence for the duration of the war. On motion by Councilman Griffin, seconded by Councilman Stiner, the following resolution was adopted, Councilman Embury not voting: ;i RESOLVED, that the request of Mrs . Frances H. Mitchell, Social Case INorker of the Public tiNelfare Department, for a leave of absence effective May 1, 1943, ',so as to accept a position with the Araerican Red Cross Home Service for the duration of the war, be and it hereby is granted. A letter dated April 14, 1943, was received from F. H. Bull, Mr. , Treasurer-Clerk of the Village of Mamaroneck, enclosing a certified copy of a resolution adopted by the Board of Trustees of the Village of Mamaroneck accepting a bid of Joseph Deldaria for $2,000 for the purchase of property known as Section 8, Block 87, Lots 1 and 2, conditioned upon the acceptance thereof by the 'Town of Mamaroneck. On motion made by Councilman Griffin, seconded by Councilman Embury, the following resolution was unanimously adopted: WHEREAS the Village of Mamaroneck has heretofore acquired by deed in lieu of foreclosure, property knovrn as Section 8, Block 87, Lots 1 and 2 on the assessment map of the Village of itlamaroneck; and WHEREAS the Town of Mamaroneck owns certain tax liens upon the same property which is known upon the Town assessment map as Block 832, Parcels 104 and 109, representing arrears of taxes due it, which were heretofore levied against the property; and WHEREAS the Village of Mamaroneck by resolution duly adopted April 12th, 1943, accepted an offer from Joseph DeMaria for the 'purchase of the property, in the sum of $2,000 which acceptance, however, is con- ditioned upon similar action being taken by the Totrrn Board oz the Town of Mamaroneck; and WHEREAS this Board considers it to the best interest of the Town of Mamaroneck to approve such offer and to authorize the sale, to the end that the property may be sold free and clear of all taxes, and the pro- ceeds of sale, if any, divided, NOW, THEREFORE, BE IT RESOLVED that the Toren 'Board of the Town of Mamaroneck agrees that the property described on the Town assess- ment map as Block 832, 'Parcels 104 and 109, be sold for $2,000. FURTHER RESOLVED that the net proceeds of such sale, together with any balance of rentals or income received by the Village of Mamaroneck during the period of its ownership, shall be divided between the 'Town and Village of Mamaroneck proportionately to the amount due each as of the date of such sale. A letter dated April 15, 1943, was received from Dr. Edward J. Storey of the Larchmont Summer School offering $1.00 for the build- ing owned by the Town at the corner of Fenimore Road and Winged Foot Drive, which he stated he would remove and leave the grounds in good condition. After discussion Supervisor Mandeville suggested that an ad- vertisement for bids for the removal of the building be published in the official newspaper. On motion by Councilman Embury, seconded. by Councilman Stiner, it was unanimously RESOLVED, that the following notice be inserted in "The Daily Times" on April 26, 1943: PUBLIC NOTICE Bids will be received by the Supervisor of the Totem of Ililamaroneck at his office, 158 Vvest Boston Post Road, Mamaroneck, New York, up to 11 A. M. (astern War Time) on April 30, 1943, for the one-story frame building now on the premises near the corner of Fenimore Road and Winged Foot Drive in the Town of Ild1a- maroneck. The Bidder is to obtain public liability and property damage insurance to protect the 'Town, its - officers or agents from any claim that may be made by reason of its ownership of the premises with limits of $5,000-$10,000 for public liability and $500-$1,000 for property damage . The right to reject or accept any bid is reserved by the Supervisor. The Bidder must comply with the provisions of the Labor Law of the State of New York with reference to the work incidental to the removal of the building. The Bidder is to give 48 hours ' notice to the tidestchester Lighting Company before remov- ing the building as a whole. The Town Clerk presented applications for dance hall permits from -Winged Foot Golf Club and Larchmont Ridge Club, both of -which had been approved by the Building Inspector, Fire Inspector and Chief of Police. On motion by Councilman Stiner, seconded by Councilman Griffin, it was unanimously RESOLVED, that the applications for dance hall licenses of ringed Foot Golf Club and Larchmont Ridge Club be and they hereby are approved and the Town Clerk be and he hereby is directed to issue same. The report of the Larchmont Visiting Nurse Association, Inc . for the quarter ending March 31, 1943, was received and filed. The Supervisor suggested that the meeting proceed with the reports of committees . As chairman of personnel Councilman Stiner reported that Michael Lerola of the Highway Department wished to make arrangements to have an operation for an injury sustained some time ago while on town work. He explained that the injury had been reported to the State Insurance Fund and that Mr. ihlerola wanted to have the operation performed while he is still eligible for the benefits under compensa- tion insurance. Following discussion and in view of the length of service of Mr. Morale. as an employee of the town, it was on motion by Council- man Keeler, seconded by Councilman Griffin, unanimously RESOLVED, that the Board hereby approves of the payment of salary to Alichael Merola of the Highway Department while on sick leave, less any compensation payments received under the to nes compensation in- surance policy for the period that he is unable to work. Councilman Stiner reported that he had spent several days going over the drains with Town Engineer Foote and that D;lr. Foote is preparing a map showing the construction work necessary to correct -- the condition on the Ilariani property on Lakeside Drive. He said that there are several sanitary sewer conditions which should be taken care of and that the work is being planned so that the men will be kept busy. Councilman Beeler reported that he and Councilman Stiner had met with Village Manager Johnson and Village Clerk Bull of the Village of Mamaroneck and had inspected the Hommocks Country Club property. He said that they had found everything in fairly good shape except the kitchen equipment which will need a lot of cleaning, and that the Village of Mamaroneck was going to meet with a representative of the operator of the club last year with the hope that he would lease it again this year. In the meantime he stated that he had suggested that the Village hire a watchman to look after the furnishings and equipment. During a discussion concerning the furnishings and equipment in the club Supervisor Mandeville pointed out that whoever operated the club mould have to have the furnishings and equipment, and if the Village of Mamaroneck wished to acquire the contents, the only way they could get the funds would be to rent the club and later purchase the contents from the proceeds. Councilman Griffin stated that he could see no reason why the Town should be concerned with personal property in the clubhouse . Councilman Keeler stated that the 'Town did not have any interest in the personal property but that the Village did because whoever operates the club would have to have such equipment to do so. Town Attorney Delius stated that if the Village of Mamaroneck has any one in mind who wants to rent the club, it seemed to him that that person would have to make a separate agreement with the trustees of the club to purchase the equipment and fixtures . Councilman Keeler explained that the Town' s position in the matter was that he and Councilman Stiner were studying the problem for reports to the Board, that the best they could report at this time was progress and that they would report further when additional information is received from the Village of Mamaroneck. In connection with an article that had appeared in the local newspaper regarding dogs running at large, Councilman Keeler discussed with the board the possibility of amending the town ordinances so as to restrain dogs from running around unleashed. Supervisor Mandeville explained that some time ago the Town _ Victory Garden Committee had put an article in the paper stating that the Police Department would do everything that it could to enforce the ordinance and to keep dogs off gardens . He said that he thought that it was a matter entirely for the Police Department and that they would have to pick up dogs that are unleashed and fine the owners. Town Attorney Delius pointed out that the ordinance as it now stands provides that dogs must be muzzled or leashed from hay 1 to October 1 of each year and that the ordinance would have to be amended so as to require dogs to be leashed during those months. On motion duly made and seconded it was unanimously RESOLVED, that the following notice of a public hearing to be held on May 5, 1943, on amendments to the General Ordinances of the Town of Mamaroneck be inserted in "The Daily Times" on April 24, 1943 : PUBLIC NOTICE PLEASE TAKE NOTICE that the Town Board of the Town of Mamaroneck will hold a public hearing at 8 o' clock P. E . on May 5th, 1943, in the Council Room of the Deaver Street Fire House on beaver Street, in the Town of Mamaroneck, for the purpose of con- sidering the following amendments to the General Ordinances of the Town: (1) Chapter V, Section L; , to be amdended to read as follows: Section 4. No dog shall be allowed on any highways, sidewalk or public place, from the first day of May to the first day of October in any year, unless such dog be held on a leash. i 3 bm (2) Chapter V to be further amended by repealing Section 5 and adding anew Section 5, to read as follows: Section 5 . No animal except cats, and no fowl shall be allowed to run at large in the 'Town of Mamaroneck, except upon the premises of the person who ovens, keeps, harbors, or otherwise has the care or custody of such animal or foirl, or except upon the premises of another person with the knowledge and consent of such other person. (3) Chapter V to be further amended by repealing Section 6 and adding alnew Section 6, to read as follows: Section 6. No person shall cause or permit any animal, except cats, and no person shall cause or permit any fowl to run at large in the Town of Mamaroneck, except in compliance with Sections 3, 4 or 5 of this chapter. Any such animal or fowl, so running at large, shall be liable to be impounded by the police and any police officer is hereby authorized to impound said animai or fowl and if the ovmer or person in charge of such animal or fowl shall not claim it and pay a penalty of $'10. for the violation of this ordinance, together rith the ex- pense of impounding and keeping such animal or fowl with- in three days, then said. animal or fowl may be dis-posed of by sale or killing and, if by sale, the proceeds thereof shall be for the use of the Town. (4) Chapter V to be further amended by adding thereto a new section to be known as Section 8, to read as follo- trs : Section 8. The owner, custodian or person who keeps, harbors or otherwise has charge of any animal or fowl which has been impounded, pursuant to any of the provi- sions of this chapter, shall be deemed an offender guilty of a misdemeanor and punishable by a fine of $10. for each offense . TAKE FURTHER NOTICE, that all persons appearing at the time and place aforesaid, will be given an opportunity to be heard. Councilman Keeler discussed ivith the Board the procedure followed in accidents involving town-owned equipment when the damages incurred amount to less than 450.00 . He explained that the town for a number of years has nad a public liability and property damage policy with a $50 deductible clause and that many tines small accidents occur which have to be sett sed. by the Town but there has never been any amount ivclud.ed in the budget to take care of these payments. He said that before the Comptroller can pay these bills a verified claim must be filed by the person with whom the accident occurred. Usually the per- son claiming the damages merely files a letter and a bill thinking that that is all that is required, then when the time expires for filing a verified claim the 'Town notifies then that the bill can not be paid. He suggested that the Town adopt a policy of informing the claimants that a verified claim is required before the Comptroller can consider payment of the bill. The Supervisor suggested that each department head see that any claim for damages incurred by equipment belonging to his depart- ment is valid and that the claim be paid out of the budget of the de- partiaent concerned. The 'Town Attorney pointed out that the Comptroller has to determine if the claim is in proper form and whether the Town is re- sponsible for the damages before he can hold a hearing and pass upon the merits of the claim. The Board decided that this should be the policy followed on future claims . Councilman Keeler reported that he had given to the Assessor and. the Town Attorney his observations regarding the assessment of the Aiden House . a Councilman Griffin presented the annual report of the Public Welfare Department for the year 1942, which showed the lowest relief load on record since 1932. On motion by Councilman Stiner, seconded by Councilman Embury the report was ordered received and filed. Councilman Embury presented a picture of the honor roll struc- ture and a sketch of IIr. Otto Eggers ' suggestion for enlarging the roll with two i;ings which would provide for 510 additional names or a total of 1445 names . He reported that the re-planting would cost just about as such as originally because the shrubbery will have to be removed and the ground re-graded. He stated that he doubted if the $300 item in the Park Department budget this year would cover the 'entire cost of the new additions and the re-planting. It was agreed that while there was no definite estimate as to the cost at hand, the cork be done and the additional funds, if any, be provided out of unexpended balances at a later date . On motion by Councilman Embury, seconded. by Councilman Stiner, it was unanimously RESOLVED, that Otto Eggers be authorized to go ahead with his plaits for enlarging the honor roll and that the Park Department be authorized to make arrangements for the re-planting and re-grading of the grounds around the structure. Supervisor Mandeville reported that the Village of Mamaroneck in trying to reach a. settlement on the former First National Bank build- ing is about .$800 short of the amount necessary to acquire the building and had inouired whether the Totnrn cliould be willing to make up this difference with tax liens owned by the Town prior to anal: including the sale of 1939 . Following discussion during which Town Attorney Delius pointed out that the 'Town still owes certain rent money for the court room located in the bank building, it was decided that with the proper agree- ment this a..ount could be turned over to the Village to complete the transaction. The matter was left with the 'Town Attorney. Supervisor Mandeville informed the Board that he had received two letters from Mr. W. A. Reynolcis, 9 Rebeau Drive, concerning the poor condition of the streets in Rouken Glen. The Supervisor said that the residents of Rouken Glen feel that the Town should accept the streets in that section and suggested that the Board consider the ratter before preparing next years budget because it would require a lot of money to fix the streets properly. The Town Attorney stated that it would be in order for the Board to authorize the publication of the notice of the sale of tax liens held each year the fourth Wednesday in May. On motion by Councilman Griffin, seconded by Councilman Keeler, it was unanimously RESOLVED, that in accordance with the provisions of Section 34 of the Westchester County Tax Act a notice of the sale of tali liens, which sale shall be held on May 26, 1943, be and it hereby is ordered published once in each week for three Weeks conse- cutively commencing on Wednesday, May 5, 1943, in "The Daily Times" , the official newspaper published in the 'Town of Mamaroneck; and be it FURTHER RESOLVED, that the matter of attending to the publication of this notice of sale be and it hereby is referred to the Receiver of Taxes and Assessments; and be it FURTHER RESOLVED, that said notice shall have appended thereto a particular and detailed statement of the property, the tax lien on which is to be sold, giving the section, block and lot numbers together with the name of the ov;ner thereof as set forth in the records of the Receiver of 'faxes and Assessments . The 'Town Attorney stated that the Town Clerk had suggested that the Board appoint the members of the Board of Plumbing Examiners . On motion by Councilman Keeler, seconded by Councilman Embury, it was unanimously RESOLVED, that the following persons are hereby appointed members of the Board of Plumbing Examiners of the Town of Mamaroneck to serve at the pleasure of the 'Town Board: Councilman Munroe Stiner Town Engineer A. J . Foote Dr . Im. G. LeFurgy Frank McGeough Sidney lintel Town Attorney Delius informed the Board that one bill estab- lishing the Scarsdale-Mamaroneck boundary line had been signed by the Governor and that he expected the other bill in connection with the same matter to be signed the next day. He explained that in connec- tion with these bills it had been necessary for him to make three trips to Albany and asked that the Board approve the payment of the expenses of these tries . On motion by Councilman Keeler, seconded by Councilman Stiner, it was unanimously RESOLVED, that the expenses incurred by the Town Attorney on three trips to Albany in connection with the establishment of the Town of Scarsdale- _ Town of Mamaroneck boundary line be and they hereby are approved for payment out of the item in the 1943 Law Department budget for traveling expenses, to wit: February 26, ',1943 - 035 .00 March 5, 1943 - 20.00 March 30, 1943 - 19.00 The Supervisor presented the following reports which were ordered filed.: (1) Summary of Receipts and Disbursements from January 1 to Larch 31, 1943; (2) Analysis of Budget Appropriations and Expendi- tures from January 1 to March 31 1943; (3) Analysis of Estimated Re- venues from January 1 to March 31, 1943; and (4) Claims Audited and Paid by the Comptroller from April 7. 1943 to April 21, 1943 . The Town Clerk reported that since the last meeting he had found that a Town Board resolution was necessary for the appointment of one of the councilmen to the Board of 'Trustees of the Police Pension Fund. He explained that in order to even the number of committees to three for each member of the Board, Councilman Keeler had offered to retire from this appointment which was made January 6, 1943 . Councilman Keeler stated that he had advised the Town Clerk by telephone and that in order to keep the records in proper form he would first tender his resignation as a member of the Board. of Trustees - of the Police Pension Fund and then move Mr. Embury' s appointment. On motion by Councilman Griffin, seconded by Councilman Stiner, it was RESOLVED, that in view of the re-arrangement of the committees of the Town Board the resignation of Councilman Eduard A. Keeler as a member of the Board of 'Trustees of the Police Pension Fund of the Town of Mamaroneck ',be and it hereby is accepted. On motion by Councilman Keeler, seconded by Councilman Griffin, the following resolution was adopted, Councilman Embury not voting: RESOLVED, that Councilman David k. Embury be and he hereby is appointed ' a member of the Board of Trustees of the Police Pension Fund of the Torm of faiamarenech for the balance of the term of office expiring December 31, 1943 . Public Welfare Officer ! DeVinne discussed with the Board the advisability of moving his department to cheaper quarters than the old Town Hall because of the low case load and the more or less fixed charges or operating the old Town Hall. ' Following discussion the Board decided that because no other snace was available on Town-owned property the Welfare Department should remain in their quarters in the old Town Hall. At 10:10 P. M . the Board unaninously resolved to adjourn.