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HomeMy WebLinkAbout1941_09_02 Town Board Minutes SPECIAL AND STATUTORY MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD SEPTEMBER 2, 1941 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. 8 P. M. The meeting was called to order by Supervisor McCulloch at Present: Supervisor McCulloch Councilmen Bates,Griffin, Mandeville, Meginniss Absent: None The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith, Comptroller Luceno and Town Engineer Foote. The minutes of the meetings of August 6th and August 19th, 1941, were approved as presented. The Supervisor stated that the meeting had been called in order to compile, select, make and verify with the Assessor the grand and trial jury lists for the years 1942 and;1943, pursuant to Sections 7 and 26, Chapter 232 of the Laws of 1905 together with Chapter 599 of the Laws of 1920, as amended. The Assessor, having prepared tentative trial and grand jury lists, presented the same to the Board for its consideration. After examination and verification of said lists by both the Assessor and the Town Board, it was on motion by Councilman Meginniss, seconded by Councilman Mandeville, upon roll call, unanimously RESOLVED, that the completed lists of the grand and trial jurors be and they hereby are approved and certified by the members of the Town Board and Assessor; and be it FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized, empowered and directed to forward certi- fied lists of the grand and trial jurors to the Commissioner of Jurors in the form required by law. The Supervisor stated that it would be in order to proceed with the special meeting of the Board. He asked the Town Clerk to read the communications . A letter dated August 27, 1941, was received from J. M. Shields, Inc . , requesting the Town Board to give consideration to the marking of individual parking spaces for cars on the north side of Richbell Road from Palmer Avenue to Boston Post Road or permitting them as manag- ing agents for Larchmont Acres to do so. The members of the Board recalled that there was some dis- cussion with the original owners of the development on the question of parking and that they were assured by the owners that the garage and parking space at the rear of the property was large enough to take care of the problem. Upon motion duly made and seconded the request was denied and the Supervisor was authorized to review the matter with the new managing agent. Councilman Mandeville reported that the Highway Department was doing a very fine job in repairing several roads in the Town, particularly North Chatsworth Avenue between Rockingstone Avenue and Glenn Road. I ME Councilman Mandeville introduced the following resolution: RESOLUTION APPROPRIATING THE SUM OF $4,000. TO PAY A PORTION OF THE COST OF PUBLIC IMPROVEHENT WORK RELIEF PROJECTS IN THE TOWN, AND AUTHORIZING THE ISSUANCE OF $4,000. BONDS OF THE TOWN FOR SAID PURPOSE. RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. The sum of $4,000. is hereby appropriated to pay the portion to be borne by the Town of public im- provement work relief projects in the Town undertaken through or by the authority of the Work Projects Administra- tion of the federal government, or other work 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 September 2, 1941, 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 appropriation, bonds of the Town in an aggregate principal amount not exceeding $4,000, shall be issued. Section 2. Said bonds shall be dated 1942, shall mature in the principal amount of $1,000. or, 1, in each of the years 1943 to 1946, both inclusive, shall bear interest at a rate not exceeding six per centum (6%) per annum, payable semi-annually on the first days of and in each year, shall be numbered, shall be in such form and of such denomination, shall be payable at such place or places, in such specie or other currency, and shall be sold at public sale in such manner and on such terms, but for not less than their par value, as shall hereafter 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 payment of the principal of and interest on said bonds, and a tax shall be levied annually on all of the taxable property in said Town in an amount sufficient to pay the principal of and interest on said bonds as the same shall become due . Section 4. This resolution shall take effect immediately. On motion of Councilman Mandeville, seconded by Councilman Bates, the foregoing resolution was adopted by the following vote: AYES: Supervisor McCulloch Councilmen Bates, Griffin, Eandeviile and Meginniss NOES: None Councilman Mandeville introduced the following preamble and resolution: WHEREAS, a resolution entitled: "Resolution appropriating the sum of $4,000. to pay a portion of the cost of public improvement work relief projects in the Town, and authorizing the issuance of $4,000. bonds of the Town for said purpose", adopted September 2nd, 1941, 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 temporarily financing the cost of permanent improvements provided for in said resolution, in anticipation of the issuance of bonds, the Su-pervisor is hereby authorized to issue a Certificate, or Certificates, of Indebtedness of the Town of Mamaroneck in an aggregate principal amount not exceeding $4,000. Said Certificates shall each be designated "Work Projects Certificate of Indebtedness" . Section 2. The following matters in connection with said Certificates are hereby determined: Date: Maturity: Denominations: $4,000.00 Numbers: Form: Substantially in accordance with resolution adopted October 4, 1939. Place of Payment: To be determined by the Supervisor. The Supervisor is hereby authorized to determine all matters in connection with said Certificates of Indebtedness, the determination of which is not provided for by this or sub- sequent resolutions, and his signature upon said Certificates shall be conclusive as to such determinations. Said Certi- ficates 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 not exceeding six per centum (6%) per annum, and to deliver same to the purchaser upon receipt of the purchase price, plus accrued interest from the 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 of and interest on said obligations, and unless otherwise paid 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 immediately. On motion of Councilman Mandeville, seconded by Councilman Bates, the foregoing resolution was adopted by the following vote: AYES: Supervisor McCulloch Councilmen Bates, Griffin, Mandeville and Meginniss NOES: None Councilman Bates reported that he had made an inspection of the work on the W. P. A. project for the reconstruction of the Bonnie Briar Lane bridge and that the work was progressing quite well. He also reported that a large number of W. P. A. workmen were installing gutters along Fenimore Road. Councilman Griffin explained that because of the Labor Day holiday being on September 1st, it was too early to expect the report of the Department of Public Welfare for the month of August, 1941. 0 He reported that the Park Department was having a hard time in keeping within its budget because of the large amount of work ne- cessary this year. He added that they were doing a very good job throughout, the unincorporated area. Councilman Meginniss stated that there was nothing to report for his departments . Supervisor McCulloch reported that he had attended with Town Attorney Delius and Comptroller Luceno the Annual Conference of Supervisors of the State of Neyw York which was held at Long Beach, New York, on August 29, 1941, and asked the Board to approve payment of the expenses in connection with the trip. On motion by Councilman Griffin, seconded by Councilman Bates, it was unanimously RESOLVED, that the expenditure of $25.10 by the Supervisor for the expenses of attending the Annual Conference of Supervisors of the State of New York on August 29, 1941, at Long Beach, New York, with the Town Attorney and the Comptroller, be and it hereby is approved. Town Attorney Delius reported that there were two departments to be heard from before he could submit the full copy of the proposed amendments to the ordinances of the Town. Town Attorney Delius reported to the Board that the referee appointed in three certiorari proceedings which were tried together, i.e. the property of Agnes M. Marks, the property of Daniel K. Weiskopf, and three properties owned jointly by Daniel K. Weiskopf and Otto :darks, had been filed and had made a reduction in each of the three properties. After discussion with the Board concerning the extent of the reduction of both the land and improvements, on motion by Councilman Mandeville, seconded by Councilman Bates, the Town Attorney was instructed to move to confirm the reports in all three cases at a Special Term of the Supreme Court. The Town Attorney also reported that in the certiorari proceedings brought by Park A. Rawley to review the assessment on his property on Pryer Lane in .Larchmont the referee had filed a report which called for a reduction of $7,400 on the land and $13,000 on the improvements. After discussion with the Board as to the effect of the testimony in this case and the various factors involved, upon motion by Councilman Mandeville, seconded by Councilman Griffin, the Tome Attorney was directed to move at a Special Term of the Supreme Court to modify the refereers report so as to confirm the assessed value of the land only but to make no objection to the reduction made by the referee for the value of the improvements. The Supervisor informed the Board that members of the Zoning Board of Appeals had called at his office to request that they be authorized to employ an attorney to represent them in the cases brought by Maria De Bartolo against each of the following members of the Board of Appeals individually: A. Stirling Smith, Orson A. Raynor, Frederick Smith and C. deWitt Rogers, Jr. He added that they did not make any suggestion as to whom they would like to have as their counsel. Following some discussion the members of the Board decided that the members of the Zoning Board of Appeals be contacted and requested to decide upon their own choice as to counsel. The following reports were received and ordered filed: (1) Report of the Building Inspector for the month of August; 2 Report of the Plumbing Inspector for the month of August; L. (3) Reports of the Westchester Shore Humane Society for the months of June and July and (4) Report of the County of Westchester Depart- ment of Health for the month of July. At 9:30 P. M. the Board unanimously resolved to adjgurn. Town Clerk