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HomeMy WebLinkAbout1934_05_02 Town Board Minutes 9.4'x. REGULY2, 1.41 TRIG OF TfiF TOid BOARD TONG? OF IiALIAROI-FCK, IM-1 YORK HELD I'AY ?ND, 1934 At the Town Offices . 118 ''ffest Boston Post Road., Ivlamaroncck, '. Y7. The meeting raas called to order by the Supervisor at 8 :15 P.L1. Present : Supervisor McCulloch Councilmen Bates, Brennan, Griffin and Lieginniss The presence tieas also noted of TovTn Clerk Marvin and To-n Attorney Delius, The minutes of the meeting of April 21st mere read by the Clerk and: ,..p-orovcd as read. The r.vnutes of the meetings of April 4th, 13th anr'_ 18th were presented by the Clerk and approved as printed, The Clerk, as directed at a previous meeting. reported. on the status of the typing of the final draft of the minutes, stating that the minutes ^sere in final form u-p to the month of November, 1933,. The Supervisor reported that his rAonthly reports for January, February and liarch had been prepared and were in his hands and that they mould be ready for submission the Fatter part of this sT"eek The Supervisor reported to the Board on the present finan- cial condition of the town, stating that he had paid off more than half of the obligations due Westchester° Count,. in prior years as *-yell as 5100, 000, 00 on the 1934 tax levy , that he had p i. aid off a consd.ereble sum on maturing certificates of indebtedness ; that he had_ paid more than P,545 , 000. 00 to the Sr-ool District on outstanding obligations and that he expecte,l to receive the balance of the money due to the tcm,n from lcstchester County for the sale of the trunk line se��rers in about a fort- night. Mr® Griffin re.-orted on Park matters, He stated that the special ccmmit.tea , heretofore a-opointed to consider the matter of the Larchrsont Gardens Lake . had met -^.ith Judge Hessersraith, representing the or,ner°s of the lake and that the committee 1�ras prepared to recommend accepting the lake as a park ;gro -DertyD Mr, Bates reported on severs. He stated that work on the Oakdale Road -Project -F� going ahead and -ould be completed by next -eek. Lair. Brennan reported for the committee heretofore appointed to ins-_oect the Palmer property as a Droposed incinerator site. He stated that the committee had inspected the site and considered it a good one , Firs. Andse-:�r W. Mitchell and LIrs. '+'I. 7a-le Tee , r^pr=senting the Larchraont 'Women 's Club, ap-geared before the Board in regard to Recreation matters. Mrs. Mitchell urged that the Board a-oocint a Recrea- tion Commission to coordinate and_ have charge of all playgrounds , recrca- tion a-reas , and -recreation activities -ithin the To�,m of JLlemaroneck. She stressed the need fo'" adequate g c—t' on facilities in this -es.. The SUI)ervi ^or Pnoointed a sneoial committee to ascertain ^hat the to?,n can do in thi° c-nnection, composed of Councih,,ien Brennan, Bates and To�5'n Attort. y Deliusm I!-- , Joseph Schnorr addressed the Board on behalf of Vito Possidente , the oT=merof a tract of land. about 200 feet by 400 feet lying about 40O feet south of =fifth Avenue hi_ch land Mrs Possidente offered to the Board as an incinerator site for the asking price of 810,000.00. The matter •-ra.s ordered referred to Ivlr. Brennan. 249 Yr. Sehnorr also reouested the Totran Board to improve the brook -.7hich crosses F fth Avenue so as to provid-e better drain?ge facilities for the adjacent Brea. Su-oerintendeut Herol,a statrtd tc the Board that the brook had been cleaned, up but that the flop of grater was im-ceded becanee of refuse t'nro-n into the brook by persons living in the vicinity, The matter of cleaning the brook 772s referred to Superin- ___ tendent L:ErOla, The folloi7ing resolution wa.a moved. by Mr. Bates , seconded. by lair. Griffin and unanimously approved- as fo3lo',rrs : WH REAS a Special Committee hereto- apyooilU to in® vesti_-ate and report on the matter of dividing the Eleventh Election Dis- trict into t7?o separate ! lection Districts , in eccordance faith the pro- visions of Article 64 of the Election Baer, d.id.„ at the meeting of this Board held on April 4th. 1934, re_oort in favor of such divisions and WHTREAS said committee ddicl re_oort the follm,!ing line as a fair and souitablE dividing line to d4vide the present election district into two 027ts , towit : "STARTING at a line on Forest Avenue inhere the Town ,loins the City of Ie�= Rochelle , running thence easterly to Rockingstone Avenue . thence southerly on Rockingstone Avenue to a point opposite Glenn Road , thence sout'neast- Erly on Glenn road to hurray Avenue , " TOW, T_-7_R_TFOR79 BE ?T R=SOLV^D that in accordance -rith the r=port of said committee , the .resent Eleventh Election District be and it her-b� ie d47J.ded- in t-ro Election Districts to be knov7n as Election District No. 11 and Election District Noz 12. bounded and described res-oectively as follo-*rs : ELECTIO�i DIST�TC'T l O. 11. BEGINNIFG P + a _ooint on Forest Avenue ­here -v-nue intersects the boundary line of the Citr of Hera Rochelle . running thence easterly one block to Rockingstone Avenue , t'nenc,e southerly along Rock- ingstone Avenue to a aoint onposi+,E the center line of Glenn Rcad4 thenc=e soLitheasterly along Glenn Road to Murray Avenue -, thence southerly along lrurrav ,venue to No_-th Chats—orth Avenues thence southerly along North Chatsvrorth Avenue t- the tracks of th_ NE'° York, Ile^ Haven & Hartford Railroad, thence soutilrESterly along said racks t^ the bolnd .ry line of the City of Ne- Rochelle and thence northerly along said boundary line to Forest Avenue , the point or place of BEGItITIITG, ELECTION ]DISTRICT NO. 12 BEGINNING at a point on forest Avenue where saidd avenue intersects the boundary line of the City of Neirr Rochelle , running thence easterly one block to Rockingstone Avenue , thence southerly a7_ong Rock- ingstone Avenue to a point opposite th. center line of Glenn Road , thence southeasterly along Glenn Road to Hurray Avenue , thence northerly along Murray, Avenue to VJeFver Street, thence northerly along Weever Street to the boundary- line c`_' the Town of S(c -sdaT-e , thence s^l;thmesterly along bounce y line tc the bounrlary line of the City of Tie' Rochellet t"hens- soT�tberly -' ong said bounaary - line of thn City -f He'? Rochelle to Forest. Avenue , the point or -place of BEGII':1TING, The To-'n Attorney reporter9 on the matter oe the reoueEt of Bernard LeVino for .d_justment of his claim the Toy-,n by reason of the construdt+.on of the Tali along the heaver Street side- walk .rhich left a piece or n <r_ cel of lap?. betreen the old line of Weaver Street 2na. the outside or 1NE vEr Street face of the ne7r 71a11, and, stated that he had discussed this matter „,ith Iir. Gamble who had handled it and , had a map prepared by Ur. A. J. Foote and a description of th p at art of the piece or parcel which lies bet-,7een the old. and the net,, line ~of ?I7Eaver Street as -stablished by the construction of the vrall° also that the former Town Board on December 30th, 1933 had passed re8olu tions authorizing the Supervisor to execute to Bernard. LeVino and wife a quit claim deed or easement to that portion of Weaver Street in front of their property known as zoo. 385 Weaver Street, between the old line of Weaver Street and the outside or Weaver Street face of the new stone !gall. He recommended that before such deed be given to Mr. LeVino and wife abandonment proceedings be taken under Section 191 of the Highway Low: ano also submitted the bill of ;,r. Foote for preparing the mop and description which he suggested b€ approved for payment. Upon motion by Councilman Griffin and seconded by Councilman Bates the Town Attorney was directed to proceed with the abandonment pro- ceedings and after completion of same to carry out the provisions of the resolution of the old Toxin Board passed. December 30 , 1933. Town Attorney Delius reported on the matter of thy proposed agreement between the Town of Earaaroneck and the Village of Scarsdale in regard to a hydrant on Old White Plains Road , which matter had been re- ferred to him at a -previous meeting. He stated that the attorneys for Mrs Therese H, Prince , owner of property on Old. White Plains Road.. who desired the Proposed fire ?rotection, had approved the agreement , as had the Suburban Division of zhe New York Fire Insurance Exchange. He stated further that the attorneys for Mrs. Prince had requested that the requirement contained in the resolutions passed by this Board at its meeting on April 18th to the effect that the annual hydrant rental charge of $45.00 be paid by Mrs. Prince , be eliminated on the grounds that firs.. Prince was already paying a Fire District tax. He advised the Board that he considered the request of the attorneys for Mrs. Prince well taken and recommended that this requirement be eliminated. Upon motion by Hr, Griffin seconded by Mr. Bates, it Tas unanimously RESOLVED that on the recommendation of the Town Attorney, _ all references in the resolution passed by this Board at its meeting on April 18th, requiring the payment by Mrs. Therese H. Prince of : 45.00 for the annual rental charge for a. fire hydrant provided by the Village of Scarsdale be and they hereby are eliminated from said resolution-, and be it further RESOLVED that this annual rental charge of $4500 be and it hereby in declared to be and made a Proper town charge and the Supervisor directed to pay same upon receipt of a proper claim therefor. A petition dated May 2, 1934 was received from the Board. of Assessors requesting the Town Bard to make certain corrections to the assessment roll of 1933®30 The Town Attorney approved of the _request and on motion duly made and ssaonded the following resolution Won unanimously approved., to grit, WHEREAS, the Board of Assessors has recommended that certain corrections be made in the Assessment Roll for the year 1933 -1934 relative to Section 8, B7 :ck 30 , and also Section 2;, Bloch 37 ; and WHEREAS it has been shown to the satisfaction of this Board that just cause exists for the correction asked for_ ; be it RESOLVED that the correction asked for be made and. that the assessment upon Original Assessment Sec. Elk. Lot Nos. owner Land Impts.. Total 8 30 24,5B,6B,7B, 8B Prudential $2,000 - $2, 000 Insurance Co. 8 30 5A, 6A 7A, 8A Burnrood Holding 1,500 $11,500. 135000 Company I 253 be corrected as follows : Sec. Blk, Lot T,ros. Original Land Assessment 07,rner Impts. Total 8 30 24,5B,6B, 7B,8B Prudential Insurance Co. 2. 000. 11x500 13 , 500 8 30 5A;.6A,7A,8A Burwood Holding Company 1,500. - 1,500. rURi'L'R R''SOL`,T';D that the assessment ?-hich appears — unon — Sec. Blk. Lot Nos. Original D-rner Land Imnts. Total 2 37 17 17o-man lfcGlFshan ji 950. 37 23,24,25,26« 27 and 28 Norman McGlashan 5,400® 5 , 400. be a-oportioned as follows - Sec. Blk. Lot Nos. O"'mer Land Imp t. Total 37 23A. 24A925A,26A iorman McGlashan 2,800. - 2,800. 2 37 27 , 28, 178 Norman IvicGlashan 1,800. - 11800,. I 2 37 23B, 24B, 25B,26B.17A Ackerman & Baltz 1,750. - 1,750, The Supervisor stated that the meeting -ould -emceed to a hear- ing on a cues+.ion of the correction of the Assess. nt 'loll f the year 1933-34 so as to include the property of Westchester County on the Post Road. and -roperty of the "hurch of St. Vito in the Village of Liameronec'a for the purpose of the L-amaroneck Valley Se-er District , and. stated that conferences with the County authorities had revealed_ the fact that part of the o-o-e-rty along the Poet Road belonged to the Village of AZamaroneck instead of the County, and that notice had been given to the Village and County that the matter would come up at this meeting, The osn Attorney st==ted that he had tele-ohoned- Judge Carter of the County Attorney 's Office , -ho advised that they *se not yet ready tc take up the matte-, es there was one parcel assessed at $60, 000 which the Town Assessors had included in the County assessment and that 'rues actually o7gaed by the Village. For this reason the Torn Attorney stated the County desired an adjournment- until the ne-xt regular meeting. This 'eras granted. Yr. Ant onv .S"^_nsone -o-e2red for the Vi11g2e of Mam'-rcneck and asked for an adjournment on the matter of the Village assessment to the SaRle is t..-s This •r•na a' ^-Q granted-' The Board then -IDroceeded to hear the matter of the assessment of the property of the Church of St. Vito. Air. William T'klund . Chairman of '_.1- Boar`' of Assessors , 7r?s heard,, as ,hell ac lair. Anthony Sanecn=. , who also represented the Church of St. Vito. After discussion, and upon motion made by Councilman, Brennan?, and seconded by Councilman B^tes , it =eras unanimously RESOLVnD. that the assessment roll of the To= of 'V'amaroneck for the year 193.-3-34 be corrected so as to include in the ISamaroneck Valley Se--rer District column the following property , Assessed Value Sec. 31k, Lot T?as. -Orrner Land Impte. Total 73 , 000. 8 49 12 to 26 Church of St. Vito ;13 , 000. :;;60. 000. FURTHER RFSOLV.T"D, that the Receiver of Taxes be in- structed to issue a bill and receive the taxes so assessed accordingly. The Su-oe-cvisor stated, that he had received an additional payment in the amount of 100,020. from the County of 'Westchester and/ or the Westchester County aani.tary Setyrcr Commission tc. ra T_'ds the pur- chase -price of the trunk line se-ars sold by Se.T:Tcr District No. 1 to the Count-T.. He re commended that Serer District Yo. 1 advance to the general fund of the tot!rn from the 5'100,OM so received the sum of 844.346 , 251 7thich the Town of liamaroncck o-r,°es to the County of West- chester for rights-of-zaay and additional land takings along the Boston Post Road, Upon motion by ;.ir. Griffin, seconded. by Er. Yeginniss , it was unanimously RESOLVED WIFT=7AS, there is due the County of Wcgtchcster the stun of `44,346. 25 for rights of twav acquired along the line of" the Boston Post Road in the Town of Hamaroneckg and T;TH7R7AS, the amount is not included in the annual estimate of receipts for the year 1934 and no levy has been made for such amount ; and VtTI77±'RFAS, the said amount of 5:4.4,346. 25 c,Tas included in the amount of delinquent ta-x certificates from the Tonn of Yernaroneck to the County of Westchester, mhich the County of Westchester sold pursuant to Section 96 of Chapter 62 of the Consolidated1117irs of 1909 , being the Tax La T= a= amended by Chapter 708 of the Lairs of 1933 ; and i`THTRFAS. the holders of said_ delinouent tax certifica tes so sql^ b the County of l7cstchester have demanded. payment of the said sum cf '4A .346.25 Z?rhich is no'"? due - and ViTERFAS, Stirrer District 17o. 1 is entitled to receive fry the County of lestchester the total sun of �305, c00 for the sale of trunk line sewers in the To7n of idamaroneck to the Westchester County Sanitary Se!ser Commission in accordance Faith agreement betnreen the Toirm of 7Tgmaroneck and. the County of Westchester dated January 18, 1933 , mrhicb sum is available only for payments on account of debt servioe affecting Se-:7e" Di - trim !To, I . whi h --moLints to �, 118s.041. 88 for the year 1934; and iJH^R,_vAS, th^ SL'."CE t. co of th^ T!o'-n o4, I.Tomne-,,.,neck h='s received on account ofrsai-c' sum o� 0305..000 the sum of °100 . 000 the total_ of +-hi ch is not rresently needed fo-- the payment of any item of the debt service ^ffectir_g Serer District No, and there is available the s=- of ,ID44 »346525 , p7SOLVF'D. that the sum of X44,346.25 out of the funds to the credit of debt service for SetT?er District No. 1 be naiO to the County of Cacstchester in payment of the amount due the County for rights of ­a,7 taken along the Boston Post Road-; and F"JRTITFR FTSOLVFD, that a-opropriate entries be made in the capital account of Se-er District 1S0. 1 crcditing the said" Svv,rer District No, 1 With the item of $44,346.25 , a.nd that furthe- a-oprc-oriLte entries be made in the Gen=rat Fund Account of the Town of rSams-^eneck debit- ing this account fith. the said amount so received from Sewer District No, 1. FURTHER RT'S�)LV>iD, that interest be credited. to Sewer District Iva 1 on the said. amount o y44,346. 25 at, the rate of 5/ per annura from the datc of the payment there- of to the County of weq tcheeter as aforesa'd unt'l re- oaVment thereof to Se? Er District No. 1, such interest to be a charge against the General TonTn account. 257 i A letter dated April 24th was received from C. W. HOOK, developer of Rouken Glen, requesting a definite answer to his letter of April 16 on the subject of the replacement of the surface on Rox- borough Road, 'ighland Road and Stratford Road, An estimate vas received from Hight-ay Superintendent Iuerola of the pproximate cost of repairing the reads referred to by hr. Moody in the amount of ;332. 97 , exclusive of the rate per hour of truck and roller. After discussion the matter was unanimously referred to the Supervisor and Hr. Bates with power to have the work done if the necessary funds are available. A letter dated April 27th was received from the Board of Appeals recommending that the application of Francis Small for permission to erect as refreshment stand on Myrtle Boulevard, which application had heretofore been referred to the Boar^ of Appeals for its recommendation, be denied. Upon motion of Hr. Griffin seconded by Hr. Bates it was unanimously RESOLVED WHEREAS application was received from Francis Small for -permission to erect a refreshment stand on Hyrtle Boulevard; and WHEREAS tvis application -as referred_ to the Board. of Appeals for its recommendation thereon; and. iHYRFAS the Board of Appeals has recommended to this Board. that t�_is application be denied: now therefore be it RESOLVED that this Board So and it hereby does deny the eysl cetion of Francis Small for permission to erect a refreshment stsnA on Myrtle Blvd , The Supervisor Ono reported teat the vTestc Fster County Perk Commission had reouested that certain lends owned by the Park Commission near Rockland Avenue be restored to their original condition , which lands hap been disturbed by the torn in connection with the in- stallation of a sewer, No -action -gas taken on this matter. Councilman Griffin reported that_ a conference had- been held at ,= rich he , the Town Attorney, judge Yessersmith, Park Commissioner Downes and Councilman Brennan were present , and at which there was a discussion regarding the expense of acquiring the Larchmont Gardens Lake by the Park Commission. Councilman Brenrgi reported that the Fred T. Wilson Agency had made a public liability insurance survey and recommendet -that public liability insurance - limit $25,000 to $50,000 - be obtained to cover both the lake , the street surrounding it and the brook feeding it at a premium cost of 868 per year , and that the Park Commission which contem- plates acgairing only the lake (insofar as the street and. brook have been dedicated_ tc the Town in connection with highwPM ;*could be grilling to pay half of the premium out of its budget The Town Attorney stated that the Park Board had also ex- pressed their willingness to pay the legal expense of acquiring title , which would include a search and. recording fee , not exceeding _ 50, out of their budget. and that the Larchmont Gardens Company •mould. take care of all liens and franchise taxes which might be filed upon the urcperty, upon motion of Councilman Griffin an. seconded by Council- man Brennen, the following -.-gas unanimously adopted; I 259 WFMP1AS, an offer has been made to conveT T to Park District 1To. 1 of the Tm�,n of P2ramareneck� and/or tO the Board. of Park Commissioners of Perk District i, o. 1 of the Tom of Mamaroneck the so-called. Larchmont Gardens Lake , free and clear of any liens thereon excen_ t the State , Torn and Court- t—leg which are no-r liens thereon! and ' 11ITR7AS< the P-i oval Of tl"is Board is required, -pur- suant t Section ,6 of Chapter 574 of the Laws of 1924-® — Thich is the Act creating the said Park District- and I17,--L7 AS,tkie Board of Park Commissioners of Park District Yo. I of the ^loin of 11em=cneck has requested. this Board tc give its approval of the acquisition of said Larchmont Gardens Lake and has agreed to assume the legal expense , not exceeding the sum of �,o50 of acquiring title ° RFSOLVFD that this Board approves the acquisition of the Larchmont Gardens Lake by Park District TSom 1 of the Town of IlFmproneck and/or th= Board of Park Commissioners of Park District No. 1 of the Tm7n of Iaamaroneck, providing the same is *�rithout exoenee to the To*'n and all charges and expense of acquiring title are charged ag2inst the budget appropriation fcr the year 1934 for the Park Dis- trict No. l The reports of Sabra Ea- Crer-- , Public Health Nurse of the Child. Welfare Association, Inc. , of °ork done in the Unincorporated Sec- tion of the t^rrn during the month of April, t7ere reeei--ed ^na ordered .aced on file. The report of Helena Platkin, Public Health Nurse of the hamar?neek Society fcr Lending Comforts t- the Sick, of -ro-rk done in the Unincorporated Section of the Toy-n during the month of Aril -as re- - ceived and ordered- placed on file; The report of AI?rguerite illerian, Public Health Nurse of the Larchmont Public Health Association, of F=k done in the Unincorpor- ated Section of the 'ratan du-4rg the month o£ A;:)rii, �7T^s re_ coil=ed. and ordered _placed on file . A signed. statement °ras r-ceired from former Supe-^visor George W. Burton in reference to the clam of John Hickey in connection grill a police booth 1ocr�ted on Forest Avenuee Upon motion by Eir. Mcginnies seconded by T_rrm Bates, it ,, s unanimously RFSOLVFD that the Police Commission be and it hereby is requested to 3°-move the -oolice booth located- on Forest Avenue and tO give d.t,= ccns idea+i.on tO the clatm of John IIickezr for tl- rental_ of the land occupied by this booth and to _present their recomraendations there- on tt the Tolirn Board A letter dated April 27th eras received. from Plamaroneck Post No,, 1156 , Veterans of Foreign Wars , inviting the Toarn Board to join the Post in its "slemorial Day services- The invitation 7,9s accepted mrith thanks and all members -rho could do so sere urged. to attend - A letter doted April 20th s;ras received frcm Assemblyman Ralph Ag Gamble in reference to a resolution heretofore passed by the To^m Board in regard to public utility leg, 5i ^*. ion.. The lette- rr°s ordered placed on file - A letter dated April 24th c;as received from the Indepen- dent TOVTn Committee stating that the proposed divisicn of the Fleventh _ Election District is satisfactory to the Indeoend-ent To7;rn Committee. The letter trTas ordered placed on file . 0 A letter dated Anril 93rd — received from the Democratic To• n Committee stating that the Democratic Committee has no observa- tions or suggestions to offer in respect to the pToposeX division of the Aleventh Election District, The !otter-wps orders? place on file, Lclaim in the amount of $140, 30 -rPs receive? from Westches- ter Joint Water Works, Uo3 1 for meters installed in the Tvvn of NomFronech during the three months ending Eorch Met. 1930 The claim was ordered referred to tho Comptroller, A letter dated April 25th was received. from J. Ross Collins in regard to the method of paying school and village taxes and 7FS ordersd referred to the Town Attorney for rFply® A letter dated Arril 27rd from Colonel William J. Shea. ac- cepting the invitation of the Town Board to serve as the official rs­orcFen0w+ive of the To-n of HarnFrcneak on the General Committee of Arrangements for the YemOrial OP7 exercises to be held under the auspices of the Merchmont American Legion Post, was received and ordered placed on file. A letter dated April 23rd was received from the Police Commission ackno7le&ging receipt of the complaint in the matter of PerciFseppe vs, Decker an? Wilson. The letter was ordered placed on file. A letter doted April Ord -as received from the Police Commission reporting on the matter of the dcg PlIage-I t0 be c-:,ma-d by IjTr. Ivan Stengel, which matter had been referred to the Gommis;ion at a previous meeting, The letter Tps ordered p1pcod on file . At 11 F. V. the Board unanimously resolved to adjourn. Town Clerk