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HomeMy WebLinkAbout1942_03_04 Town Board Minutes 759 REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD MARCH 41 1942 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order at 8 P. M. (Eastern War Time) . Present: Councilmen Griffin, Bates, Mandeville and Brewer Absent: Supervisor McCulloch The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith and Superintendent of Highways and Town Engineer Foote. Councilman Griffin informed the members of the Town Board that Supervisor McCuiloch had been called to a meeting of all of the Defense Council heads of this district and that he had been asked by the Super- visor to act as head of the Board in his absence. It was on motion by Councilman Brewer, seconded by Councilman Bates, unanimously RESOLVED, that in the absence of Supervisor McCulloch, Councilman Griffin act as supervisor and chairman of the Town Board at this meeting. The minutes of the meetings of February 4 and February 13, 1942, were approved as presented. Chairman Griffin asked if there was any one present who wished to address the Board. Mr. Peter C. Doern appeared and stated that he wished to make it clear that the following comments were being offered by him as a local real estate broker and not as a representative of the Mamaro- neck Real Estate Board, of which he is a member. He said that the Real Estate Board would hold its meeting to discuss the question on the following Monday. As an individual he said that he objected to the method employed by the municipalities in selling their foreclosed properties, particularly the properties known as 1 Depot Square and the former Baxter residence on Cortland Avenue. He said that he had no knowledge of the properties' being for sale and that he did not learn about it until after the sales were made. He referred to the advertisement inserted in the local newspaper by the Village of Mamaroneck giving notice of the Baxter propertyes being offered for sale and termed it "insufficient advertising" . He said that the notice was so small that he did not see it. Councilman Mandeville stated that there was no secret about the sales and that the prices were not out of line with the market. He pointed out that two members of the realty board had clients who were interested in one of the parcels and that the other parcel was advertised. He also pointed out that appraisals were made . Mr. Doern stated that he felt that there should be some plan so that in the sale of foreclosed properties the prices most advan- tageous to the taxpayers could be obtained and that such holdings would not be sold to the detriment of adjoining properties . He said that the sale of 1 Depot Square property to a rubber company was con- trary to the zoning for the property. The members of the Town Board stated that the question of zoning was a village matter. 0 ` Councilman Brewer stated that he agreed that every opportunity should be taken advantage of to get the best price for such property but that the Town was not in the real estate business; also that the Village of Mamaroneck conducted the sales and that the Town agreed that it would be much better to get both properties back on the tax roll. He said that he thought that Mr. Doern' s complaint was with the Village and not with the Town. Councilman Mandeville stated that he thought that the Village should be given credit for selling the property and getting it back on the tax roll. Mr. Doern stated that the realty board was going to attempt to devise a plan whereby the foreclosed properties would be sold at the best prices and in accordance with the zoning restrictions, and that the plan would be submitted to the municipalities sometime follow- ing the meeting on Monday night. Councilman Mandeville pointed out that the Town Board adopted a resolution several months ago providing for a committee of real estate men to act with the Town Board for the disposal of foreclosed properties owned by the Town. Mr. Doern stated that he was aware that the transactions mentioned originated in the Village and that no doubt the local realty board would take the matter up with the Village at the next meeting. Chief Burton of the Town Fire Department appeared and re- quested that the department be authorized to sell four (4) truck tires and rims, which were of no use to the department because of their size . On motion by Councilman Mandeville, seconded by Councilman Bates, the following resolution was unanimously adopted: WHEREAS, the Town of Mamaroneck Fire Department is in possession of four (4) truck tires and rims, which tires and rims are left over as a result of certain repairs and alterations to Engine No. 1 and are of a size which can not be used on any other piece of apparatus of the department; NOW, THEREFORE, BE IT RESOLVED, that the Fire Department of the Town of Mamaroneck is hereby authorized to receive bids for the sale of said tires and rims, all to be done according to law, and the sale of same to be granted to the highest bidder . Chief Burton reported that the department had had considerable trouble with two pieces of apparatus because of the type of gasoline used. He said that the American La France mechanic had made two trips involving several days ' work and costs to the Town to clear up the trouble. He requested that the department be permitted to use a better type of gasoline than that which is stored at the Town Yard and used for highway equipment. He recommended that an underground tank and a service pump be installed on the property of the fire house for the use of the new fuel. On motion by Councilman Brewer, seconded by Councilman Mandeville, the following resolution was unanimously adopted: WHEREAS, George W. Burton, Chief of the Town of Mamaroneck Fire Department, has called to the attention of the Town Board the fact that the gasoline now being used by the Fire Department is not of a quality recommended for emergency equipment; NOW, THEREFORE, BE IT RESOLVED, that the 'Town of Mamaroneck Fire Department be and it hereby is authorized to purchase and use a higher standard of gasoline suitable for its equipment; FURTHER RESOLVED, that the Fire Department is also authorized to have installed an underground tank and a service pump upon the property of the fire house, the same to be in a location approved by the Town Attorney, the Town Engineer and the Board of Fire Underwriters . - Chief Burton submitted a letter received from Henry M. Hildebrand, Manager of the Larchmont Central Garage, and recommended that certain restrictions be lifted on the use of Truck. No . 1 and Engine No. 1. On motion by Councilman Brewer, seconded by Councilman Mandeville, the following resolution was unanimously adopted: WHEREAS, the expert mechanic who was in charge of the re—conditioning of Truck No. I and Engine No. 1 has given his opinion that these trucks are now safe to drive at speeds that were heretofore unsafe and recommends that when responding to an alarm not more than eight (8) men be carried on Truck No . 1 and seven (7) men on Engine No. 1; NOW, THEREFORE, BE IT RESOLVED, that the restrictions included in a resolution adopted by the Town Board on June 15, 1939, for the use of the above mentioned trucks be and they hereby are lifted to permit the use in the above manner as recommended by both the expert mechanic and Chief Burton. Chief Burton stated that the Fire Council had approved of the following appointments as emergency drivers: Leonard Johnson, George Mulcahy and Richard Murphy. On motion by Councilman Brewer, seconded by Councilman Mandeville, the following resolution was upon roil call unanimously adopted: WHEREAS, the following mentioned have been recommended by the Fire Department for appointment to emergency driver: Leonard Johnson George Mulcahy Richard Murphy NOW, THEREFORE, BE IT RESOLVED, that the 'Town Board hereby approves of the recommendation and the same are to serve without pay at the pleasure of the Fire Council and the Totem Board. Attorney Delius stated that he had approved of the location of the proposed auxiliary fire alarm siren near the corner of Crest Road and Holly Place. He said that this was done with the provision that Tom Engineer Foote would determine whether or not the electric pole was within the boundary of the street. He added that he had looked up the title of Crest Road and found that it was owned by the Town. Councilman Mandeville referred to the wall at the rear of the apparatus floor of the fire house and offered to have some of the men of his department help the Fire Department make the alteration which would enlarge the floor space for the equipment. Chief Burton thanked Mr. Mandeville and it was agreed that Mr. Mandeville, Town Engineer Foote and the Chief would meet at the fire house on the following Sunday morning. Mr. William H. Johnson, Village Manager of the Village of Mamaroneck, appeared and informed the Board that only one W. P. A. project was in operation in the Village of Mamaroneck, this being the construction of a sea wall on the shore of the east basin of the harbor. He said that Mr. DeVinne, Public welfare Officer, had advised him that a number of men would soon be available for another project. He urged that the Town Board consider the completion of the Fenimore Road paving project, part of which is unfinished in the Village of Mamaroneck. He said that it would not only benefit the community as an improved high- way but that it would also keep men at work who might otherwise be placed on home relief. He added that when the project was approved, it was considered to be a town-wide improvement because the highway served the two villages as well as the unincorporated area. Councilman Mandeville pointed out that part of the project between Durham Road and the bridge in the unincorporated section was unfinished and that the Town was trying not to issue any more bonds than was absolutely necessary. He said that the Supervisor had brought the subject up at the first meeting of the year and that the Board had decided to do some of the work which was necessary at this time, such as rip-rapping along the banks of a brook and the construction of a retaining wall. Chairman Griffin suggested that before anything was done, the members of the Board have an opportunity to go over the matter with the Supervisor. It was agreed by all that this be done . Mr. Monroe J. Cahn, attorney, representing the interests of Constable and weatherbee.'' appeared before the Board to discuss the possibility of the settlement of certiorari proceedings instituted for the reduction of assessments on properties owned by the above mentioned. The members of the Board reviewed the matter and decided that action be deferred until the members of the Board had an oppor- tunity to examine the property and discuss the subject with the Supervisor . Chairman Griffin asked if there was any one else who wished to appear before the Board. There being no one, he suggested that the meeting proceed with reports of committees . Councilman Mandeville reported that everything in his depart- ment was in good order. He requested that the Highway Department be granted permission to apply to the Tire Rationg Board for the re- capping of six (6) tires . The Town Board approved of this . Councilman Mandeville stated that about a year and one-half ago he proposed that an ordinance be adopted prohibiting the use of handbills and solicitation on private property without the consent of the property owners . He presented a printed copy of a court decision in which the ordinance of Southampton, Suffolk County, was upheld. He said that such an ordinance would eliminate a nuisance, as the handbills are found scattered in the shrubbery and on the lawns of residences in the Town. He recommended that Attorney Delius be directed to prepare such an ordinance . Councilman Brewer stated that the ordinance would have to be carefully worded so as not to tend to restrict the people in the exercise of their constitutional rights. He added that he would be -- opposed to anything that would. Following some discussion, it was on motion by Councilman Mandeville, seconded by Councilman Bates, unanimously RESOLVED, that Attorney Delius be and he hereby is authorized to prepare an ordinance for the unin- corporated section of the Town prohibiting the use of handbills, the same to be presented to the Town Board for its approval. ffm Councilman Bates reported that workmen were cleaning out some of the gutters . The Town Clerk read the report of the Department of Public Welfare for the month of February, 1942, which showed as follows: February February 1941 1942 Case Load 354 206 Individuals 1443 810 Case Days 9450 5502 -- Total Relief Expended $15,803 .84 $8,948.87 Average Cost g Per Case .6 44 4 43 .44 Average Cost Per Individual 10.95 11.05 Average Cost Per Case Day 1.67 1.63 Average Cost Per Individual Per Day .409 .414 Councilman Brewer stated that there was nothing to report for his department. Chairman Griffin stated that there was nothing to report for the Park Department. Attorney Delius read the following letter: February 13, 1942 Hon. Bert C. McCulloch, Supervisor Town of Mamaroneck Mamaroneck, New York Dear Mr. McCulloch: The following resolution was adopted at a meeting of the Board of Education held on Tuesday, February 10, 1942: "Mr. Migliaccio moved that the Clerk be instructed to request the Supervisor of the Town of Mamaroneck to borrow money and to pay over to the Treasurer of the School District the balance of the unpaid school taxes for the school year 1941-1942, motion seconded by Mr. Thompson and carried." Cordially yours, VS:L /s/ K. G.Van Sciver Clerk Mr. Delius recommended and Councilman Bates introduced the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF $70,000. CERTIFICATES OF INDEBTEDNESS IN ANTICIPATION OF UN- COLLECTED TAXES LEVIED FOR SCHOOL PURPOSES. RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. In anticipation of the receipt of taxes levied for school purposes and unpaid in Union Free School District IVo. 1 of the Town of Mamaroneck for the fiscal year beginning July 1, 1941, and ending June 30, 1942, the sum of $70,000 shall be borrowed on the credit of the Town, pursuant to Chapter 105 of the Laws of 1916 of the State of New York, as amended, and a Certificate, or Certificates, of Indebtedness of the Town in said amount shall be issued to evidence said loan. ,. ' Section 2. It is hereby determined and declared: (a) The total amount of taxes levied in said school district for school purposes for said fiscal year, is $840,682.00. (b) The total amount of said taxes outstanding and uncollected is $74,588.96. (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: March 4, 1942 Maturity: July 1, 1942 Number: TR # 6 Interest rate - To be determined by the Supervisor. Form: Substantially as provided in resolution adopted January 4, 1939, except that the third paragraph of said form shall read "This certificate is issued pursuant to the provisions of Chapter 105 of the Laws of 1916, as amended, and by virtue of a resolu- tion of the Town Board of said Town adopted March 4, 1942, in anticipation of the collec- tion of taxes for school purposes levied in Union Free School District No. 1 of the Town of Mamaroneck for the fiscal year commencing July 1, 1941" . The Supervisor is hereby authorized to determine all matters in connection with said Certificate of Indebted- ness, the determination of which is not provided for by this or subsequent resolution, and his signature upon said Certificate of Indebtedness shall be conclusive as to such determinations . Said Certificate of Indebtedness shall be signed by the Supervisor and countersigned by the Town Clerk, and shall have the seal of the Town affixed thereto. The Supervisor is hereby authorized and directed to sell said Certificate 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 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 provided for, taxes shall be levied on all the taxable property in said 'Town in an amount sufficient to pay said principal and interest. On motion of Mr. Bates, seconded by Mr. Mandeville, the foregoing resolution was adopted by the following vote: AYES: Councilman " " " NOES None George V. Bates Edward C. Griffin Owen A. Mandeville Munn Brewer Chairman Griffin requested the Town Clerk to read the communications . A letter dated February 18, 1942, was received from Henry D. Holden, attorney, requesting the Town Board to settle at a reduced amount certain tax liens against Section 8, Block 66, Lots 14 to 20, inclusive. The letter was referred to Councilman Bates, Attorney Delius and Assessor Smith to report back at the next meeting. A letter dated February 19, 1942, was received from Village Manager Johnson, requesting the use of nine (9) voting machines for the annual village election to be held March 17, 1942. The Town Clerk advised that he had. also received a 'phone call from the Village Clerk of Larchmont, requesting the use of four (4) voting machines for their election. It was on motion by Councilman Mandeville, seconded by Council- man Bates, on roll call, unanimously RESOLVED, that the Villages of Larchmont and Mamaroneck are hereby granted the use of voting machines owned by the Town for their annual elections to be held March 17, 1942; FURTHER RESOLVED, that this is done with the under- standing that the villages shall be responsible for the cost of transportation, insurance and repair of damage to the machines, if any. A letter dated February 14, 1942, was received from Frederick G. Schmidt, Commissioner of Finance of Westchester County, outlining a plan which has been put into effect by New York State and Westchester County providing for an opportunity for all employees to set aside certain amounts out of their salaries for the purchase of defense bonds . It was on motion by Councilman Brewer, seconded by Councilman Mandeville, upon roll call, unanimously RESOLVED, that the above mentioned plan be- adopted and that the papers be referred to Supervisor McCulloch to instruct the Comptroller to work out the details and set the plan in motion. A letter dated February 21, 1942, was received from The Larchmont Gardens Association, advising that at their last meeting they had adopted a resolution endorsing the position of all those municipal and other interested authorities in opposing the proposed increase of passenger fares by the New York, New Haven & Hartford Railroad Company. Following some discussion the members of the Board directed the TownClerk to write The Larchmont Gardens Association and advise them that while the Public Service Commission had denied the applica- tion of the New York, New Haven & Hartford Railroad Company, the Town Board stands ready to co-operate with them should this subject again be raised by the railroad company. A letter dated February 25, 1942, was received from Frederick H. Bull, 'Town-Clerk of the Village of Mamaroneck, with which he enclosed a copy of a bid for the purchase of 662 Old White Plains Road, Village of Mamaroneck. He stated that the Village Board had accepted the offer and that he had been instructed by the Board to send a copy of same for the action of the Towm Board. The proposal read as follows: February 19, 1942 Village of Mamaroneck, Municipal Building Mamaroneck, New York. Attention: Mr . W. H. Johnson Gentlemen: I wish to submit a new proposal for the purchase of the property at 662 Old ffiite Plains Road, Mamaro- neck, New York. I will pay the sum of $1,750.00 in cash for this property. I have a $200.00 deposit which is to be used as a binder for this new proposal. The balance of $1, 550.00 will be paid in cash upon the passing of title from the Village to me. I would appreciate if you would advise me of your acceptance of this new proposal. Very truly yours, Ralph Gironda The members of the Board asked the Town Clerk for the amount of the outstanding taxes against the property. The sown Clerk reported that the property is known as Block 832, Parcel 109 and that the total of the liens held by the Town with interest amounted to $2,058.45 . Following some discussion, it was on motion by Councilman Mandeville, seconded by Councilman Bates, upon roll call, RESOLVED, that the above proposal for the sale of 662 Old White Plains Road, also known as Block 832, Parcel 109, be and it hereby is declined; and be it FURTHER RESOLVED, that the Town Clerk be directed to advise the Village of Mamaroneck of the action of the Town Board. The Town Clerk called to the attention of the Board that the term of office of Clifford W. Cross as a member of the Zoning Board of Appeals had expired. Mr. A. Stirling Smith, Chairman of the Board of Appeals, was present and recommended the re-appointment of Mr. Cross, for the usual term of five years . On motion by Councilman Bates, seconded by Councilman Mandeville, upon roll call, it was unanimously RESOLVED, that Clifford W . Cross be and he hereby is re-appointed a member of the Board of Appeals of the Town of Mamaroneck, tiew York, to serve without pay for a term of five years ending February 19, 1947. The following reports were received and filed: (1) Annual Report of the Supervisor for the Year 1941; (2) Report of the Build- ing Inspector for February; (3) Report of the Plumbing Inspector for February; and (4) Report of the Receiver of Taxes for February. At 10:15 P. M, the Board unanimously resolved to adjourn.