Loading...
HomeMy WebLinkAbout1940_11_20 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD NOVEMBER 20, 1940 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N . Y. The meeting was called to order by Supervisor McCulloch at o P.M. Present: Supervisor mcCulloch Councilmen Bates, Griffin, Mandeville, Meginniss Absent. None The presence was also noted of Town Clerk Payne, Town Attorney DeIius Assessor Smith, Comptroller Luceno and Town Engineer Foote . The Supervisor requested the Town Clerk to read the communi- cations . A letter dated iIovember 14, 1940, was received from William V. McCarthy, Chief of the Town Fire Department, advising that the Fire Council had adopted a resolution requesting the Town Board to arrange for and approve of the storage of the old hook and ladder truck in the town yard . The letter was referred to Councilman Idandeville . A letter dated November 14, 1940, was received. from Joseph Pittera, in which he stated that he was writing on behalf of all the residents Of Lester Place and Williams Place . He complained about the condition of the two streets and requested that the Town Board take some action on the matter . Following some discussion on the subject during which Town Attorney Delius and Town Engineer Foote pointed out that the Town did not own the streets mentioned, it was decided to refer the matter to Attorney Delius and Engineer Foote, to make a study of the condition of title of the property along the streets and to report back at a later meeting . A letter dated November 18, 1940, with an application of the Westchester Street Transportation Company, Inc . covering the extension of the fifth Avenue New Rochelle bus line into the Tovan of Mamaroneck to the intersection of Madison Street and Myrtile Boulevard., was re- ceived. The members of the Board discussed the matter at length and decided to set January 8, 1941 as the date for a public hearing to be held at the Town Office rooms at 8 P.M. Attorney Delius was directed- to prepare and order published the necessary notice . A letter dated November 1940, was received from the Association of Town of the State of Nevr York, signed by Frank C. Moore, Executive Secretary, calling to the attention of the members of the Board that a conference on National and Local Defense would. be held Wednesday, november 17, 1940 at the City Of Newburgh, New York. The Town and County officers of this and six nearby counties were asked to attend. The Supervisor asked the members of the Board to take note of the place and time of the conference . Mr. Henry T. Hornridge appeared as attorney for Edward B. Loughman, receiver of the Larchmont National Bank and Trust Company, and requested a permit for the use of the so-called "Brady's Inn" property on the Boston Post Road for a restaurant. Mr. Hornridge stated that the property had previously been used for the same purpose but recently it had become vacant and that the receiver of the Larchmont National Bank and Trust Company had a proposition to sell the same provided the purchaser could be sure of its use for a restaurant. On motion duly made by Councilman Bates and seconded by the councilman Griffin, it was unanimously RESOLVED, that permission be granted by this Board. to Edward Do Lougman, as Receiver of the Larchmont National Bank & Trust Company, for the use of the premises known as Brady' s Inn on the Boston Post. Road, as a restaurant, including the sale of alcoholic beverages as permitted by law. FURTHER RESOLVED, that the description of the property for which permission is given pursuant to Section 7 of the Zoning Ordinance of the Town of Mamaroneck, being now in an unclassified district "F", is as follows : ALL that certain plot of land with the buildings and improveirents thereon, situate, lying and being in the Town of Mamaroneck, County of Westchester, State of New York, bounded and described as follows : BEGINNING at a point on the northwesterly side of Boston Post Road at the intersection of said northwesterly side of the Boston Post Road and the division line between the premises about to be described and the lands now or formerly. of the Herbert Land Company, running thence along the lands now or formerly of the Herbert Land Company and along a stone wall the following courses and distances : North 55 degree 40' West 128.10 feet; north 56. 289 west to a point which is distant 200 feet nortrhwesterly from the northwesterly sideline of the Boston Post Road measured along a line forming a right angle with said northwesterly sideline of the Boston Post Road; running thence north 310 14' east and north 47 degree 03 ' east along a line parallel to and at all points distant 200 feet northwesterly from the northwesterly sideline of the Boston Post Road measured at right angles to said northvrestsrly sideline of the Boston Post Road, to the north- easterly boundary of the premises being described; running thence along the said north- easterly boundary line of said premises being described south 330 56' 10" east to the nor'th- wdesterlV sidelne of the Boston Post Road.; running thence along the northwesterly sideline of the Boston Post Road south 47 degree 03' west 80.70 feet to an. angle; running thence south 31 O 14' West still along the northwesterly sideline of the Boston Post Road. 183.90 feet to the point or place of beginning. The said premises being a portion of the premises no or formerly known by the street number 125 Boston Post Road and as Brady' s Inn. FURTHER RESOLVED, that such use shall be in all respects in accordance with the provisions of law and ordinances of the Town of Mamaroneck. The Supervisor asked if there was an; one else present , who wished to address the Board. Mr . Euclid Brondoli appeared and requested permission to pay certain tax arrears at a request. amount , After the members of the Board heard Mr. Brondoli, the Supervisor recommended that the request be granted. On motion by Councilman Griffin, seconded by Councilman Bates, it was unanimously. 0 RESOLVED, that the Receiver of Taxes and Assess- ments be and ne hereby is authorized, empowered and directed to accept payment of taxes for the following years on the following described property the liens for which are held by the Town, in the face amount of the tax, provided payment is made within sixty days Section Block Lot Year Of Tax State County Town Tax School Tax 8 92 6,7 1933 $8.84 $16.68 1934 9.08 13.96 1935 29.42 15.62 1936 10.82 15.50 1937 14.88 15.33 1 to 7 1938 66.97 16.54 1939 18.58 16.28 1940 17.13 15.98 8 92 26,27 1935 29.42 15.62 1936 10.82 15.50 1937 15.36 15.82 1938 16.48 16.63 1939 19.17 16.81 1940 16.57 15.46 Councilman Griffin presented a petition received from the Assessor for the correction of the assessment roll so as permit the apportionment of taxes. Mr. Griffin explained that the change was necessary because of the sale of part of the property. On motion by Councilman Griffin, seconded by Councilman Mandeville, the following resolution was unanimoulsy adopted: WHEREAS, the Assessor has presented a petition dated November 20, 1940, for the correction of the assessment roll for the year 1940, taxes of 1941, pursuant 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 petition for the correction of said asssessment roll; NOW, THEREFORE BE IT 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 3 4 1(304-1) Johnethel Realty Corp. $166,600 3,400 170,000 3 3 1 to 3 be corrected as folows , in accordance with the provisions of sub-divison 5 of section 33: Section Block Lot Owner Land Imp. Total 3 3 1 to 3 Johnethel Realty Grp 163,600 3,400 167,000 (304-1) 4 1 3 4 9 Sidney Winkel (304-850) (all in school district #2) Councilman Griffin presented a letter dated November 2, 1940 received from Public Welfare Officer DeVinne, recommending the Appointment of Mrs. Ruth James of 107 North Broadway, Tarrytown, New York EM to fill the vacancy caused by the resignation of Mrs . Mildred S . Browrn, case worxer. Mr. DeVinne stated that the work of the department was increasing and it vvas necessary that Mrs . James be placed on the staff as soon as possible, the appointment to be subject to acceptance by the Social Welfare Department of the State of Nevw York, Mr . Griffin explained that after Mrs. Brown's resignation the department had been operating with three investigators but the number of nevi and re-opened cases increased so rapidly it was ne- cessary to proceed. to fill the vacancy swithout delay. He stated that local applicants along with others were considered for the position. He offered the following resolution which was seconded by Councilman Bates and on roll call unanimously adopted; RESOLVED, that the recommendation made by Mr. DeVinne be approved and that airs . Ruth James be appointed case worker in the Department of Public Welfare of the Town Of Mamaroneck for the temporary period of sixty days starting December 1, 1940, the salary to be at the rate of $1,200 per year and final appointment to be subject to acceptance by the Social Welfare Department of the Stye of Ne,a Councilman Bates reported that the W.P.A. project for drainage in the Larchmont Ridge Section Maas getting along pretty ell . Councilman Meginniss presented the following financial reports for the period from January 1 to October 31, 1940 which were ordered filed: (1) Suimmary of Receipts and Disbursements (2) statement of Estimated. Revenues; and (3) Statement of Budget Approprlations and Expendtures , He also presented a statement of P.A. to projects as of November 1, 1940 which vras ordered filed. Councilman landeville stated that he had nothing to report concerning the Highway Department " Supervisor McCulloch suggested that a date be set for a meeting of the Board to go over the budget requests of the department of the Town for the year 1941. Following some discussion, it vras decided that the meet- ing be held Saturday, November 23, 1940, at 2 P . M. at the Town Offices . Comptroller Luceno called to the attention of the Board that the final date for the Town to take up the option to renew the lease for the premises used as the Town Office was December 15, 1940. He read the terms of the 1940, lease and pointed out that the Option to renew was at the same rental price as in past years, namely, $175 ® mer month. Following some discussion, it was on motion by Councilman Griffin, seconded by Councilman Meginniss, unanimously RESOLVED, that the Con.rtroller be authorized to notify the representatives of the ommers of the premises Imovrn as 158 West Boston Post Road, Mamaroneck , New York, that the Town was prepared to take up the option set forth in the 1946 lease and to renew tile lease for the year 1941 under the same terms and conditions . Councilman Mandeville introduced the following resolutions: resolution: RESOLUTION APPROPRIATING THE SUM OF $8,650 TO PAY A PORTION OF THE COST OF PUBLIC IMPROVEMENT ATORf RELI-' PROJECTS IN Th T07N, UTHORIGING THE ISSUANCE OF $8,650 BOI;DS OF TTIE TOWN, FOR SAID PURPOSE, AND REOEALING TWO RESOLUTIONS ADOPTED ON AUGUST 21, 1940. RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECKTHE COUNTY OF NECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1> The sum of $8,650 is hereby appropriated to pay the portion to be borne by the Tov:n of public improvement wore relief projects in the Town undertaken through or by the authority of the work Projects Ad- ministration of the federal government, or other work authority of the federal gcvernrr_ent, including relief authority of the federal government, including the cost of furnishing labor, materials, supplies and equipment for such -projects and incidental expenses in connection therewith, the said public improvement work relief projects to include only projects having a period of probable usefulness of at least ten (10; years, computed from November 20, 1940, the date of adoption of this resolution® It is hereby determined that no indebtedness , whether temporary or permanent, has been incurred prior to said date to finance any portion of the cost thereof . To meet said appropriatiori, bonds of the Town in an aggregate principal amount not exceeding $8,650 shall be issued Section 2® Said bonds shall be dated May 1, 1941, wall mature in the principal amount of 1,650 on May 1, 1942, and $1,000 on May 1 in each of the year's 1943 to 1949, both inclusive, shall bear interest at a rate not exceeding six per centum (6%) per annum, payable semi- annually on the first days of May and. Eo'vembe2 in each year, shall be numbered, shall be in such form and. of such denemination, shall be payable at such place or places, in such specie or other currency, and shall be sold at public sale in such marner and on such ter:ris, but for not less than their par value, as shall here- after be determined by subsequent resolution or resolu- tions of this Board. Section 3 The faith and credit of said. Town shall be and are hereby pledged for the punctual paymient of the principal of and interest on said bonds, and a tax shall be numbered annually on all of the taxable property in said Town in an amount sufficient to pay the prin- cipal of and interest on said bonds as the same shall become due . Section 4, The resolution of tinis Board entitled: "Resolution approriating the sum of $4,950 to pay a portion of the cost of public improvement relief projects in the Town and authorizing the issuance of $4,950 bonds of the Town of Mamaroneck for said purpose" , adopted on August 21, 1940, and a resolution of said Board authorizing the issuance of $4950 certificates t- of indebtedness in anticipation of the issuance of bonds, adopted on August 21, 1940, are hereby repealed. Sec Berl 5 . This resolution shall take effect imme- diately. On motion of Councilman Mandeville, seconded by Council- man Griffin, the foregoing resolution was adopted by the following vote : AYES: Supervisor Councilmen NOES: None McCulloch Bates, Griffin, and Meginniss Idandeville, Cotmcilman Tvandeville introduced the following preamble and resolution: WHEREAS, a resolution entitled: Resolution appro- priating A the sum of $8,650 to pay a portion of the cost of public improvement work relief projects in the Town, authorizing the issuance of $8,650 bonds of the Town for said purpose, and repealing tz,;o resolutions adorted on August 21 , 19,011, adopted November 20, 1940 has become effective . Now, therefore, be it, RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK as follows: Section 1 . For the purpose, of financing the cost of permanent improvements provided for in said resolution, in anticipation of the issuance of bonds, the Supervisor is hereby authorized to issue a Certi- ficate, or Certificates, of Indebtedness of the Town of Mamaroneck in an aggregate principal armont not exceeding $8,650. Said Certificates shiall each be designated. "Work Projects Certificate of Indebtedness" . Section 2 . The fcllorring matters in connection. With said Certificates are hereby determined: Date : December 2, 1940 Maturity: April 1, 1941 Denominations : $8,650.00 Numbers: W.P.A. #21 Form: Substantially, in accordance with resolution adopted October 4, 1939 . Place of Payment: To be determined by the Sucervisor . The Supervisor is hereby authorized to determine all matters in connection with said Certificates of Indebtedness, the determination of which is not pro- vided for by this or subsequent resolutions , And his signature upon said Certificates shall be conclusive as to such determinations . Said Certificates shall be Signed by the Supervisor, shall have the corporate seal of the Town affixed thereto and attested by the Town Clerk. The Supervisor is hereby authorized to sell said. Certificates at public sale or private sale at not less than par and to fix the interest rate thereof at net exceeding six per centum (6%) per annum, and to deliver same to the purchaser upon receipt of the purchase Write, plus accrued interest from th.e date of the Certificates to the date of delivery;. Section 3 . Any instrument issued pursuant to this resolution shall be a general obligation of the Town of Mamaroneck, and the faith and credit of the Town are hereby Pledged for the punctual payment of the principal ofand interest on said. obligations, and unless otherwise uaid or payment provided for, a tax sufficient to provide for the payment thereof shall be levied and collected.. Section 4: This resolution shall take effect im- medlalely . x On motion of Councilman Mandeville, seconded by Councilamn Griffin, the foregoing resolution was adopted by the following vote: AYES : Supervisor McCulloch Councilman bates, Grifin, Mandeville, and Meginnis Noes: None The Town Attorney stated that he reccmmended the settle- ment of the certiorari proceedings instituted by Walker & Forbes, Inc. to review the assessment upon a Parcel of property in the Village of Mamaroneck known as Section 8, Block 69, Lots 7 and 8; Section 8, Bloclk 72, Lots 1 and 2; and Section S, Block 80, Lots 1 and 2A on the ; basis of a reduction in the assessment from $90,450 to $76,935. for the year 1939 (tax of 1940) and from $90,450 to $76,935 for the rear 1940 (tax of 1941) Councilman Bates introduced the following resolution which was seconded by Councilman Meginniss: WHEREAS, heretofore and ON or about the 29th day of September, 1939, a writ of certiorari was obtained by Waler & Forbes, Inc . , owner of of Section S, Bloc., 69, pots 7 and. Sy Section Section 8, Block 72, Lots 1 and 2; and Section 8, Block 80, Lots 1 and 2A to review the assess- -ment for the year 1939 (tax of 1940) and a similar writ was obtained on the 15th day of October, 1940 to review the assessment for the year 1940 (tax of 1941) on the same property; and WHEREAS, a return to the 1930 writ was duly filed by the Assessor and Board of Review on or about the 15th of November, 1939 and. no further proceedings have been taken, and no further proceedings have been taken with reg ard to the 1,60 writ since it has been filed; and WHEREAS, the Town Attorney, and Assessor re- commend to this Board. trial the proceedings be settled and discontinued upon th reduction of the assessment from $90,450 to $76,935 for the years 1939 and 1940 (taxes of 1940 and 1941 respectively) NOW, THEREFORE, BE IT RESOLVED that THE assessMent for the years 1939 and 1940 upon. property known as Section 8, Block 69, Lots 7 and 8; Section 8, B1ocl: 72 , Lots 1 and 2 ; and Section 8, Block 80, Lots 1 and. 2A, assessed for $90,450, be reduced. to $76,035, provided tine certiorari proceedings now pending in the name of Walker & Forbes Inc. be discontinued without costs to the Town of Mamaroneck. FURTHERMORE RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary stipulations to obtain orders of the Supreme Court providing for such reductioins acid the refund of any excess taxes paid. On motion by Councilman Bates, seconded by Councilman Meginniss the following resolution was unanimously adopted: WHEREAS in foreclosure proceedings instituted by the Town Of Mamaroneck against Richard G. McKeand et al, the referee, duly appointed for that puracse by order of the Supreme Court, Sold to the Town of Mamaroneck, property described as Section 1, Block 65 , Lots 98, 99, 112 and. 113, on the Assessment, Map of the Town of Mamaroneck and WHEREAS the said referee has applied to the payment of certain taxes, assessments and tax liens owned by and due to the Town of Mamaroneck, together with interest and penalties thereon to the date of sale, MIM the sum of $1861.71 which, taxes, assessments and tax liens are required to be cancelled by the provisions of Secticn 54 Oi the Westchester County Tax Act NOW, THEREFORE BE IT RESOLVED, that the following taxes, assessments and tax liens are hereby canceled: \ Section 1, Block 65 , Lot 98 t'ea'r of Amount of Interest to Sale Lien Nov. 20 ,19GL0 Total 1917 8 6 .35 19.10 25 .45 1929 17 .44 21 . 06 41. 50 1930 2 .28 19.66 35 .67 1931 1'7.02 19.33 36 .35 n - i 16.73 17 .12 33 .85 1933 1. 7.65 15 .74 33 .3 9 1934 15 .53 12 .06 27 . 59 1935 21.65 14.07 35 .72 l0 6 17 .15 9 .19 26.3L; 1937 17.84 7.41 25 .25 17 .02 Section 1, Block 653 Lots-08 and 99 1917 6.35 19.10 25 .45 1935 37 .26 11.05 45.31 , 1 3 cr 11.37 7 30 `7 48 .G . 10 35.03 2 .28 a;,.,- 31 1940 1940 10 .06 (School) 2 .85 36.LC Section 1 Block 65 , Lot 99 1929 17 .44 24,06 41. 50 1930 15 .81 19.86 35 67 1931 17 .02 19 .33 36.35 1932 16 ,73 16 .96 33 .69 1933 17.65 15 .74 33 .39 1934 15 . 53 12.06 27 . 50 1935 21. 65 14.07 35 .72 1936 17 .15 9.19 26 .34 1937 17 .84 7 .41 25 .25 Seeder 1, Block 65 , Lot 112 1808 1.85 9 ,45 11.30 1919 5 .22 14.67 19 .69 1935 32 .10 20.86 52.96 1936 44.87 24.05 65.92 1937 112 .41 46 .79 159.20 Section 1 Block 65 Lots112 ,113 1038 9-.92 27 .40 119.32 1939 96 .73 17 .19 113 .92 1940 93 .32 5 .60 98 .92 1940 65 .98 (S .C.T .) 1940 15.89 (School) 7 .39 89 .26 Section 1 Block= 65 . Lot 113 1897 1.85 9.45 11.30 1918 5 .22 14.67 19.89 1 93 32 .10 20.86 52.96 1936 44 .8 7 21 .05 68 .92 1.37 112 .41 46 .70 150 ®20 AND WHEREAS, the Special Assessment Fund owed to General Fund, the sum of $311.24, represeinting the following unpaid assessments on Section 1, Block 55, Lots 112 and 113, for the payment of principal and interest on the bonds issued for the cost GS the Weaver Street Sidewalk Improvement, namely: Tax° of 1935 Sale of 1936 $34.90 1936 1937 153.58 — 1937 1938 32.49 32 .49 1938 1939 31.29 1939 1940 30.09 1940 28.89 NOW, THEREFORE, BE IT RESOLVED, that the sum of $311.24 owing to the General Lund by the Special Assessment Fund be cancelled, and the Supervisor be authorized to correct the book: records acccrdingly Supervisor McCulloch reportod that he had conferred with Mr. Robert Mosses, Commissioner of the City and State Of New York, Or: the question Contemns the prorosed Pelham-Port Chestar Parkway, He said that Mr. Moses had, advised him that he had been requested to make a study Of the highways in this section for military proposes and that he had found the Pelham-Port Chester Parkway route to be very important; also that he felt that he had made an honest report in carrying out his duty. The Supervisor stated that had informed Mr Moses that the right-of-way was purchased. for a parkway and not for a mixed traffic road. He said that he pointed out that nothing could be found in the records where it did not mention that the right–of–way was for such a purpose . He called to the attention of Mr. Moses . .-Moses the fact that that, Boston Post Road in Mamaroneck was just as wide as it is in the State of Connecticut . He said that the reason why the City of New Rochelle and the Village of Port Chester Mere interested in having the new road built was that they have traffic problem. to Solve and by this being done would relieve them of the possibility expenditure. He suggested that it might be well to have a local committee meet with the Count, Board to discuss the matter . He added that he had peen informed that a group was planning of a meeting of residents of the unincorporated section. The following reports for the month of October 1940 were received and filed: 1) Town Clerk's Report and 2) Report of the Mamaroneck Health Center, Inc. At 9:15 p.m. the Board unanimously resolved to adjourn. Town Clerk