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HomeMy WebLinkAbout1940_10_16 Town Board Minutes fla REGUL AR MEETING OF THE TOWN BOARD TOWN OF MAMAROENCK, NEW YORK HELD OCTOBER 16, 1940 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch at 8 p.m. Present: Supervisor McCulloch CouncilmenBates, Griffin, Mandeville, Meginniss Absent : None The presence was also noted of the Deputy Town Clerk, Town Attorney Delius and Assessor Smith and Public Welfare Officer DeVinnea Councilman Meginniss presented a letter dated October 14, 1940, from Richard 1. Thorburn, Deputy Chief of the Fire Department, informing the Board that after a thorough operating and road test of the new aerial ladder truck the Fire Council was satisfied with the operation of the apparatus and recommended that the Board accept it. On motion by Councilman Meginniss, seconded by Councilman Mandeville, it was Upon roll call unanimously RESOLVED, that upon the recommendation of the Fire Council the new aerial ladder truck pur- chased froIll the American La France and Foamite Corroration be and it hereby is accented and payment of the purchase price approved. The regular order of business was suspended in order to hear those persons present who wished to address the Board. Mr . Harry T. Byrne, President of the Maple Hills Taxpayers Association and spokesman for a delegation of about thirty property owners attending the meeting with him, addressed the Board concerning the alleged violation of the Zoning Ordinance on the premises at 108 Murray Avenue. He stated that they were vitally interested in the matter, that it was their understanding that a violation existed and that they wished to ascertain whether or not the violation was going to be removed. He assured the Town Board that they wished to work with theme The Supervisor stated that the Town Board would be guided by legal counsel and asked Town Attorney Delius to explain the situation. Mr. Delius stated that the question of whether or not there was a violation on the premises at 108 Murray Avenue was arguable , He explained that the property owner had been served with a copy of the resolution revoking the permit, that an occupancy permit would be denied and that in order to use the entrance or exit of the garage on Emerson Place, the owner would have to secure a permit from the Superintendent of Highways and that would not be granted. He stated that the Building Inspector had warned the owner that the house could not be used for anything but a private house and the garage only for a private garage . He said that he would be very glad to cooperate in any way possible with representatives of the property owners . Mr. Byrne pointed out that the work had been done with the permission of the town and that it was the responsibility of the Town Board to see that the violation was removed, He requested the Board to inform the property owners of the action taken by the Board in con- nection Smith the matter . Mr . Delius informed Mr . Byrne that if the violation exists the Town Board could remove it only by criminal prosecution. After further discussion the Supervisor stated that if the Tcvn Board agrees that a violation exists and it is within their poorer to remove the violation, they would do so. On motion by Councilman Bates, seconded by Councilman Griffin, it was upon roll call unanimously RESOLVED, that the Town Attorney be instructed to cooperate with and to advise such legal counsel as the property owners may secure of such action as the Tovvn Board may take in connection with the alleged violation of the zoning ordinance at 108 Murray Avenue Tile Board thereupon resumed the regular order of business . Councilman Griffin presented the following letter from Public Welfare Officer DeVinne . October 16, 1940 To rn Board. Town of Mamaroneck MamarOneck, N. Y. Gentlemen. This month we will exhaust our budget appropriation. At the beginning of October we had $8,684.16 'remaining from the appropriation of $140,000.00 for the Veteran Office and the Public Welfare Office; $6,957.48 remains for the Public Welfare Office and $1,027 .37 remains for the Veteran Office . I have estimated will need. approximately $40,000.00 for the remainder of the year, based on the following facts : In August and September, 1940 wie saved over the preceding year $6,000 .00. During October, November and December, 1939 we committed the Toun for $50,072.33 and I believe that we viil be able to reduce this expenditure by approximately $2,000 .00 a month providing that the projects set up by the P. A. at the present time continue and that the men will be employed at the higher skilled work so that there will be no call upon us for additional supplementary assistance . Will you please let me know, what your wishes are in this matter. Very truly yours, Charles D. DeVinne Public velfare Officer CDDeV:EW Councilman Meginniss stated that he concurred in rdlr . DeVinne ' s estimate that the Public Ielfare Department would require $40,000 in addition to the 1940 budget appropriation in order to continue home relief and veteran relief for the balance of the , year, assuming that the same savings that have already been made this year will be made the rest of the year . On motion by Councilman Mandeville, seconded by Councilman Griffin, it was upon roll call unanimously RESOLVED, that the Public Welfare Officer be and he 'Hereby is authorized to continue to provide relief to the home relief and veteran relief cases of the Public Welfare Department until a further appropriation has been provided for tha balance of the year 1910. M Councilman Griffin presented a letter dated October 16, 1940 from Public Welfare Officer DeVinne informing the Board that Mrs . Kildred Brown had resigned as case worker in the Public Welfare Department and that he would inform the Board when some one was selected to take her place . On motion by Councilman Bates, seconded by Councilman Meginniss, it was unanimously RESOLVED, that the resignation of Mrs . Mildred Brown as case worker in the Public Welfare Department be and it hereby is accepted with regret, as of October 24, 1940, and that the Supervisor be authorized to send a letter to Mrs . Brown, expressing the appreciation of the Board for her fine work: as case worker. Councilman Griffin reported concerning the work of the Park Department. He stated that during the first eight months this year the department had expended $6,144.28 so that they were keeping within their budget . He also reported that the machine purchased to assist in repairing the trees damaged by the sleet storm had resulted in a saving in labor costs of approximately eighty per cent. Councilman Griffin presented four petitions received from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes . On motion by Councilman. Griffin, seconded by Councilman Mandeville, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented petitions for the correction of the assessment roll he years 1939 and 1940, taxes of 1940, pursdint to the provisions of Section 33 of Chapter 105 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; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll for the year 1940, taxes of . 1941, which shovels property now appearing on the roll as follows : Section Block Lot Owner Land. Imp. Total 5 7 1 to 4,11 Julia Je Hall (502-254) $1,300 - $15300 be corrected as follows, in accordance with the provisions of Section 33 : Section Block Lot Owner Land Imp. Total 5 7 11 (502-282) Julia J. Hall $100 - $100 5 7 1 t o 4 Town Of Mamaroneck 1,200 1,200 (502-254) Further Resolved, that the assessment roll for the year 1940, taxes of 1941, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Imp. Total 8 46 1(816-88) Ethel Hirshman $5,000 - $5,000 M be corrected as follows, in accordance with the provisions of Section 33 : Section Block Lot Owner Land Imp. Total 8 46 1A (816-88) F. & M. Schaefer $ 3,700 - $3,700 Brewing Co. 8 46 1B (516-182) Ethel Hirsh-man 1,300 1,300 Councilman Bates reported that the Town on the Oxford Road drain was progressing fairly Tell. Councilman Meginniss presented the following financial reports which were ordered filed: (1) Summary of Receipts and Dis- bursements for the Period January 1 to September 30; 1940 (2) State- merit of Estimated Revenues from January 1 to September 305 1940; and (3) Statement of Budget Appropriations and Expenditures from January 1 to September 30, 1940e A letter dated October 16, 1940 eras received- from Coughlan & Russell, attorneys, requesting permission to pay certain tax arrears on property described as Section 6, Block 21, Lot 186,at a reduced rate of interest of 4 per cent . On motion by Councilman T'iandeville, seconded by Councilman Griffin, it was unanimously RESOLVED, that the Receiver of Taxes and Assess- ruents be and he hereby is authorized, empowwered and directed to accept payment of the follolving taxes on Section 6, Block 21, Lot 186, the liens FURTHER RESOLVED, that the assessment rolls for - the years 1939 and 1940, taxes of 1940 and 19-;1, _ which shows property now appearing on the rolls as follovrs : Section Block Lot Owner Land Im-Q. Total 9 51 10,10A,11B, Jeg Bolding Corp® , $ 3 ,000 500 $ 3, 500 12',13" et al (912-162) be corrected as follc,"Is, in accordance twith the provisions of Section 33m Section Bloch Lot Owner Land Imp Total 9 51 10510A Bonded 1Viunicipal Corp ® 750 - 750 (912-162) 9 51 11B,12A 13A Jeg Holding Corp. , 2,250 500 2,750 (912-71) FURTHER RESOLVED, that the assessment rolls for the years 1939 and 1940, taxes of 1940 and 1941, which shows property nova appearing on the rolls as follows : Section Block Lot Owner Land Imp. Total 4 1A A (412-41i) Estate of 77m. Food $17, 500 - $17,500 be corrected as follows, in accordance with the provisions of Section 33 : Section Block Lot Oa;ner Land Impm Total 4 41A Plot F Eileen M. Reilly $ 1,000 - $ 1,000 (412-566) 4 41A Plot A Estate of Wm. Wood. 16, 500 - 16, 500 (412-411) Councilman Bates reported that the ^,Tork on the Oxford Road drain was progressing fairly -,,,Tell. Councilman Meginniss presented the follozing financial reports which were ordered filed: (1) Summary of Receipts and Dis- bursements for the Period January 1 to September 30; 1940 (2) State- merit of Estimated Revenues from January 1 to September 30, 1940; and (3) Statement of Budget Appropriations and Expenditures from January 1 to September 30, 1940 A letter dated October 16, 1940 eras received from Coughlan & Russell, attorneys, requesting permission to pay certain tax arrears on property described as Section 6, Block 21, Lot 186, at a reduced rate of interest of 4 per cent . On motion by Councilman T'iandeville, seconded by Councilman Griffin, it was unanimously RESOLVED, that the Receiver of Taxes and Assess- ruents be and he hereby is authorized, empowwered and directed to accept payment of the follolving taxes on Section 6, Block 21, Lot 186, the liens M (c) The total amount heretofore borrowed and outstanding in anticipation of the collection of said tames, is none . Section 3 . The following ;natters in connection with said Certificate of indebtedness are hereby deter- mined: Date : November 1, 1940 TJaturity: July 1, 1941 Denomination: $125,000 Interest rate per annam: .37 Number: T. R. #1 - $50,000 T. R. #2 - 502000 T. R. #3 - 25,000 Form: Substantialiv the form determined by resolu- tion adopted January , 1939, except that said Certificate 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 West- chester County Tax Law, constituting Chap- ter 105 of the Laws of 1916, as amended, and by virtue of a resolution duly adopted by the Town Board on October 16, 1940, for money borrowed in anticipation of the collection of unpaid state, county, town and district taxes levied in said. Town for the fiscal year commencing January 1, 1940. The Supervisor is hereby authorized to determine all matters in connection here:aith 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 coraorate seal affixed thereto. The Supervisor is hereby authorized and directed to sell said Certificate of indebtedness at private sale at not less than par, without 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 Tovun of ll amaronec-, are hereby pledged for the punctual payment of the principal of and interest on said Certificate of Indebtedness 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 . Bates, seconded by Mr . Meginniss, the fore- going resolution -was adopted by the following vote: AYES : Councilmen Bates , Griffin, Mandeville and Meginniss NOES: None NOT VOTING: Supervisor MicCulloch On motion by Councilman Griffin, seconded by Councilman Mandeville, the following- resolution was upon roll call unanimously adopted: WHERBAS, the Special Assessment Fund owed to the General Fund the sum of $4,782 .21, representing the following unpaid assessments on Section 1. Block 80, Lots 1 to 5, for the payment of principal and. interest on the bonds issued for the cost of th.e Myrtle and Idadison Avenues Improvement, namely: M Tax of 1935 Sale of 1936 $406 .40 1936 1937 2,926,79 1937 1938 381.18 1938 1939 368 . 55 1939 19!;0 355 .95 1940 343 .34 4,782 .21 NOW, THEREFORE, BE IT RESOLVED, that the sum of $4,782.21 owing to the General Fund by the Special Assessment Fund. be cancelled, and the Supervisor be authorized to correct the book records accordingly. Town Attorney Delius stated that a request had been received from Engineer Richards of the Village of Larchmont that $500 be trans- ferred from the funds appropriated for the Parking: Plaza project to the Hartung Street project, both of which are W. P . A. projects in the Village of Larchmont sponsored by the Town. He explained that in 1939 $5,000 read. been appropriated by the Town for the Hartung, Street project and more recently $3,350 had been appropriated for the Parking Plaza project; that there appears to be a surplus from the Parking, Plaza pro- ject and Mr . Richards is therefore requesting the transfer of $500 in order to complete the Hartung Street project . He stated that as far as the Town was concerned the $5,000 had been absorbed in a bond issue sold last July and the project ­was closed, but since both projects are for the same period of probable usefulness of five years and since the amount of the sponsor ' s contribution called for in the Hartung Street project was $8,780, the Town could make this transfer. He re- commended that Mr . Richards be requested to file a letter with the Town setting forth the actual expenditures made on the Hartung Street project. On motion by Councilman Bates, seconded by Councilman Griffin, it was upon roll call unanimously RESOLVED, that the transfer of $500 from the funds appropriated for the Parking Plaza project in the Village of Larchmont to the Hartung Street project be allowed if in the opinion of the Town Attorney the letter furnished by the Engineer of the Village of Larchmont setting forth the expenditures oil the artung Street project is satisfactory. Town Attorney Delius discussed with the Board the matter of defending several certiorari proceedings instituted by certain property evaiers on Orienta Point. He stated that it could be ne- cessary to engage the services of real estate experts and in that connection he presented a letter from Mr. Albert Lockyer giving his fees for the work, which he discussed with the Board. He said that he had also contacted other real estate experts . After discussion, on motion by Councilman Mandeville, seconded by Councilman Griffin, it was upon roll call unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to employe such real estate experts that in his judgment will best enable hire to defend the certiorari proceedings instituted by certain property owners on Orienta Point . The following reports for the month of September, 1940 were received and filed.: (1) Report of the Plumbing Inspector, (2) Report of the Building Inspector, (3) Report of the Receiver of Taxes and Assess- ments; (4) Report of Mamaroneck Health Center, Inc . ; and (5) Report of the Count;' Health Department for August, 1940 . The minutes of the meeting held September 25, 1940 were approved as presented. At 10:10 P. 1Q. the Board unanimously resolved to adjourn. Deputy Town Clerk