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HomeMy WebLinkAbout1940_12_28 Town Board MinutesSPECIAL AND STATUTORY MEETING OF THE TOWN BOARD TOWN OF MAMRONECK, NEW YORK HELD DECEMBER 28, 1940 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N.Y. The meeting was called to order by Supervisor McCulloch at 10 A.M. Present: Supervisor McCulloch Councilman Bates, Griffin, Mandeville, Meginniss Absent: None The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith, Comtroller Luceno, and Superintendent of Highways and Town Engineer Foote. The Supervisor asked the Town Clerk to read the communications. He read the following letter: December 19, 1940 Honorable Town Board Town Of Mamaroneck 158 Post Road Mamaroneck, New York Gentlemen: The 1940 Highway Budget, Snow Removal, included an appropriation of $3,000.00. During the fiscal year from January 1, 1940, to date, we have expended the sum of approximately $6,200.00 for the removal of snow from the higways of the Town Of Mamaroneck, thereby showing an over-expenditure of $3,200.00. Item No. 4 carried forward an unexpended balance from the year 1939, of 1,400.00; therefore, if we deduct this $1,400.00 from the $3,200.00 dificit you can readily see that we have overdrawn Item No. 4 from the Highway Fund, the sum of $1,800.00. We have made certain ssavings in Items No. 1 and 3 of the 1940 Highway Budget. I, therefore, request the Town Board to transfer $500.00 fro Item No. 1 and $1,300.00 from Item No. 3 of the Highway Fund to Item No. 4 of the same Fund. This transfer of $1,800.00 will thereby take care of the over-expenditure in the Snow Removal Fund of Item No. 4 Respectfully submitted, (signed) A.J. Foote Highway Supt. And Town Engineer VFL:C On motion of Councilman Mandeville, seconded by Councilman Bates, the following resolution upon roll cell was unanimously adopted: WHEREAS, there are certain unencumbered balances and over-expenditures in the 1940 Highway budget; and WHEREAS, the Superintendent of Highways has requested the following transfers within the 1940 budget to adjust the accounts to the end of the calendar year 1940; NOW, THEREFORE, BE IT ME RESOLVED, that the Superintendent of Highways, the Comptroller and the Supervisor be and they hereby are directed to make the following transfers within the 1940 budget as of December 28, 1940: TOWN OF MAMARONECK 1940 HIGHWAY BUDGET Debit Credit From: Item No. 1 500.00 Item No. 3 1,300.00 To: Item No. 4 1,800.00 Total $1,800.00 1,800.00 The Supervisor presented his Annual Report of Highway Moneys for the year 1940. On motion by Councilman Mandeville, seconded by Councilman Griffin, upon roll call, it was unanimously RESOLVED, that the Supervisor's Annual Report of Highway-Moneys for the Year 1940, be and it hereby is approved. Councilman Mandeville as Chairman of highway matters presented the inventory of Town Machinery employed by the Highway Department as of December 28, 1940, as signed by the Town Highway Superintendent Foote. The inventory was unanimously approved. Mr. Mandeville presented the Town Superintendentts Estimate for Highway Purposes for the Year 1941, showing the following amounts: FIRST ITEM Estimate Amount Highway Fund of Town Approved Superin- by Town tendent Board For the repair and improvement of town highways, including sluices, culverts, and bridges having a span of less than five feet. . . . . . . . . . . . . . . . . . . . . .$25,000.00 22, 500.00 SECOND ITEM Bridge Fund For the general repair of all bridges having a span of five feet or more and not included above . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 300.00 300.00 Total for bridges . . . . . . . . . . . . . . . . . . 300.00 300,00 THIRD ITEM Machinery Fund For the purchase .and repair of machinery, tools and implements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15 ,019.00 6,700.00 Total Machinery fund. . . . . . . . . . . . . . . 15,019 .00 6,700.00 FOURTH ITEM Miscellaneous Fund For removal of obstructions caused by snow, includ- ing purchase, erection, removal and storage of snow fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3, 500.00 3, 500.00 For weeds and brush. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 300.00 For salary and expenses, Town Superintendent. . . . . . . 3,000.00 25600.00 For other miscellaneous purposes . . . . . . . . . . . . . . . . . . . 2,200.00 2,200.00 Total miscellaneous fund. . . . . . . . . . . .$ 9,000.00 83600.00 On motion by Councilman Mandeville, seconded by Councilman Bates, it was on roll call unanimously RESOLVED, that the foregoing Town Superintendent' s Estimate for Highway Purposes for the Year 1941 be and it hereby is approved; and be it FURTHER RESOLVED, that the amount set opposite each item under the column described as "Amount Approved by Town Board" is the amount which shall be raised by tax for the specific purpose mentioned. There being no further business before the Board in connection with the Highway Department, the Supervisor declared the meeting closed. Following the statutory meeting the Supervisor announced that it would be in order to hold a special meeting of the Board to consider other business of the Town. The Town Attorney stated that he had a letter from Sullivan, Donovan & Heenehan, 14 Wall Street, New York City, giving their fees for legal opinions on the bond and certificate issues of the Town. He stated that this was more favorable than the charges presently made by the attorneys giving such opinions to the Town and stated further that this firm was in his opinion competent to render the opinions . On motion of Councilman Mandeville, seconded by Councilman Griffin, it was unanimously RESOLVED, that Sullivan, Donovan & Heenehan of 14 Wall Street, New York City, be approved as bond counsel in obtaining legal opinions on bonds and certificates issued by the Town of Mamaroneck. The Town Attorney reported that the attorneys representing Marie De Bartolo had appealed to the courts to review the action of the Town Zoning Board of Appeals in revoking the building permit dated September 20, 1940 for the premises located at 108 Murray Avenue, Town. He stated that the Town Clerk had been served with a notice of the action and that he was prepared to file an answer. The members of the Board directed the Town Attorney to proceed with the case. Upon motion of Councilman Mandeville, seconded by Council- man Meginniss, the Town Attorney was authorized to enter into the following stipulation in the certiorari proceedings for the reduction of the assessed valuation of the Larchmont Acres Apartments: SUPREME COURT: WESTCHESTER COUNTY IN THE MATTER OF THE APPLICATION -of- ; STEWART F. McDONALD, Federal Housing ;.- Administrator for a Writ of Certiorari directed to STIPULATION James M. Smith, Town Assessor, Monroe Stiner, Percy Bibas, Donald K. Dobbs, constituting the Board of Review, and Robert D. Payne, Town Clerk of the Town of Mamaroneck. IT IS HEREBY STIPULATED, CONSENTED AND AGREED by and between the attorneys for the respective parties hereto that the above entitled certiorari proceeding be and the same hereby is settled, adjusted and compromised as follows: That each party is to select one appraiser; that said appraisers are to meet, view the property and endeavor to reach an agreement as to the market value of said real property for assessment purposes . If they are unable to agree, then this proceeding shall go to trial. If an agreement be reached, each party hereby agrees to be bound by the amount arrived at by the said appraisers. If it becomes necessary to go to trial, as aforesaid, it is agreed that the rights of the parties are in no way to be prejudiced by any pro- ceedings of the appraisers or by the fact that they are appointed to attempt a compromise . IT IS FURTHER STIPULATED AND AGREED that the appraiser to be selected by the relator shall be Vernon N. Bailey of 175 Main Street, White Plains, N. Y. and the appraiser to be selected by the respondents shall be Albert W. Lockyer, Depot Place, White Plains, N. Y. Should the appraisers fail to agree by February 1, 1941, either party may notice this proceeding for a hearing as provided for in the order of reference herein. If the appraisers reach an agreement, it is understood that the fees of the Referee shall be borne equally by the parties hereto. Dated, Attorneys for Relator Attorney for Respondents Mr. Meginniss introduced the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF $250,000.00 CERTIFICATES OF INDEBTEDNESS OF THE TOWN OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEV YORK, IN ANTICIPATION OF THE RECEIPT OF TAXES LEVIED FOR TOWN PURPOSES. RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. To provide a fund to be expended for any of the purposes for which funds are appropriated in the annual estimate of the Town for the fiscal year beginning January 1, 1941, the Supervisor is hereby authorized to borrow the sum of $250,000 .00 at one time or from time to time, as the money may be needed on the credit of the Town, in anticipation of the receipt of taxes for said fiscal year applicable to such purposes . The Supervisor shall issue a certificate, or certificates, of indebted- ness in the name of the Town in the principal amount of such loan or loans pursuant to section 117 of the Town Law, constituting Chapter, 62 of the Consolidated Laws of the State of New York, as amended. Section 2. It is hereby determined and declared: (a) The total amount of taxes estimated to be levied in said Town for Town purposes for said fiscal year, is $734,235 .85 . (b) The total amount of said taxes outstanding and uncollected, is $734,235 .85. (c) The total amount heretofore borrowed and out- standing in anticipation of the collection of said taxes, is None . Section 3 . The following matters in connection with said Certificates of Indebtedness are hereby determined: Date : January 15, 1941 Maturity: May 15, 1941 'Qd Denomination: To be determined by the Supervisor. Interest rate: To be determined by the Supervisor, but not exceeding six per centum per annum. Numbers : To be determined by the Supervisor. Form: Substantially in accordance with resolution adopted January L., 1939. Said Certificates of Indebtedness shall be signed by the Supervisor, countersigned by the Town Clerk and shall have the Town seal affixed thereto . The Supervisor is hereby authorized and directed to determine all matters in connection therewith not determined by this or sub- sequent resolution, and to sell said Certificates 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 Certificates of Indebtedness to the date of delivery. Section 4. The faith and credit of the Town of Mamaroneck are hereby pledged for the punctual payment of the principal of and interest on said Certificates of Indebtedness and, unless otherwise paid, or payment pro- vided for, taxes shall be levied on all the taxable pro- perty in said Town in an amount sufficient to pay said principal and interest. On motion of Mr. Meginniss, seconded by Mr. Griffin, the foregoing resolution was adopted by the following vote: AYES; Supervisor McCulloch Councilmen Bates, Griffin, Mandeville, Meginniss DOES: None The Supervisor offered for discussion some details in connection with the construction of the new joint garbage incineration plant being erected by the Village of Larchmont and the Town of Mama- roneck. There was general discussion and it was decided that if during the progress of the work it was necessary for the Supervisor to get expert advice, he be authorized to do so, the cost to be paid out of Town funds . The Supervisor said that he would advise the members of the Board if and when it was necessary to get such advice. The Supervisor informed the Board that Joseph H. Cowham, had expressed his desire to retire from the office of Building Inspector of the Town of Mamaroneck to become effective December 31, 1940. The members of the Board accepted the resignation with regret and requested the Town Clerk to send a letter to Mr. Cowham express- ing their wishes for good health and happiness during his retirement from his life-long duties . Councilman Griffin presented five 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 Bates, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented petitions dated December 26, 1940, for the correction of the - assessment roll for the year 1940, taxes of 1941, pursuant to the provisions of Section 33 of Chap- ter 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 correc- tion of said assessment roil; Bat N0W, 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 1 80 24 to 28 Town of Mamaroneck $5,250 - $5,250 (132-408) be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner Land Imp. Total 1 80 24 to 27, Town of Mamaroneck $4,845 . - x$4,845 28A (132-410) 1 80 28B Village of Larchmont 405 405 (132-408) FURTH R 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 Johnethel Realty Co. $1645600 3,400 167,000 3 3 1 & 3) (304-1) be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner Land Imp. Total 3 4 8 (304-835) Don Rae Holding Corp. 3,000 - 3 ,000 3 4 1 Johnethel Realty Co. 160,600 3,400 164,000 3 3 1 & 3 (30, 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 4 41A 15 Estate of VLq. Wood $4,100 4,100 (412-134) be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner Land Imp. Total 4 41A 16 (412-183) Carl A. Guglielmo 900 - 900 4 41A 15 (412-134) Estate of Wm. Wood 3,200 3,200 FURTHER RESOLVED, that the assessment roll for the year 1940, taxes of 1940, which shows property now appearing on the roll as follows : Section Block Lot Owner Land Imp. Total 7 10 6A (704-249) Jas . Greer & wife $5,200 ; 5,200 be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner Land Imp. Total 7 10 6A (704-249) Jacob Ernst $2,600 - $2,600 7 10 6B 704-254 Jas . Greer & wife 2,600 2,600 FURTHER RESOLVED, that the assessment roll for the year 1910, taxes of 1941, which shows property now appearing on the roll as follows : Section Block Lot Owner Land Imp. Total 9 81 13 to 18 C. Belle Salmon 67, 500 $7, 500 be corrected as follows, in accordance with the provisions of sub division 5 of Section 33 : Section Block Lot Owner Land Imp. Total 9 81 13214A John 0. Merritt $1,875 $1,875 (931-275) 9 Sl 14B,15 to C . Belle Salmon 5,625 5,625 18 (931-282) Councilman 'Mandeville reported that the nevv Brockway truck was delivered to the Highway Department complete in every detail as called for in the purchase contract. The members of the Board approved of the action of the Supervisor in granting permission to the Rotary Club of Larchmont and the Savoia Electric Company to erect Christmas decorations on North Chatsworth Avenue between the railroad bridge and Myrtle Boulevard. A certificate of insurance given by the electric company covering the Town against loss was filed with the Town Clerk. The minutes of November 6 and November 20, 1940 were approved as presented. A letter dated December 19,1940 was received from the Commission of Correction of the State of New York to the effect that the Town lock-up was inspected and approved by the Commission. A copy of the report was enclosed. The following reports were received and filed: (1) Report of the Town Clerk for the month of November; (2) Report of the Mamaroneck Health Center for the month of November; (3) Annual Report of the Mamaroneck Health Center for 1940; and (4) Report of the West- chester County Health Department for the month of November. Applications for dance hall licenses for the following were presented and approved subject to the inspection and approval of the Police Chief, Fire Inspector and Building Inspector of the Town: 1. Loyal Inn 4. Winged Foot Golf Club 2. Post Lodge 5 . Larchmont Ridge Sports Club 3 . Sagamore Inn 6. Bonnie Briar Country Club At 11: 20 A.M. the Board unanimously resolved to adjourn. 44To n Clerk