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HomeMy WebLinkAbout1938_10_19 Town Board Minutes JOINT ATiF REGtiLAR DIEETING OF THE TOWN BOARD T O'.,`Tf OF MA MARONECK, NE.-N YORK =E" OCTOBER 19, 1038 At the Tovvn Offices, 158 'aVest Boston Post Road, Mamaroneck, N . Y. The meeting was called to order by Supervisor LcOulloch at Presents Supervisor i6cCulloch Councilmen: Bates, Griffin, Ilandeville, idleginniss Absent; None The presence was also noted of Town Clerk Payne, Torn Attorney Delius, Assessor Smith, Engineer Foote and Comptroller Luceno of the Town of Mamaroneck, and Havor• ".'Vi lliam_ H. Johnson, Trustees James T. Corr-io n. James Jackson, B. J. Santoro, Howard S. Iieighan, and Village Manager Claude A. Latimer of the Village of Mamaroneck. The :members of the Town Board_ explained that th.e purpose of the joint meeting was to attempt to solve the mutual problem of flood control du-rin� rainy seasons. Councilman hIeginniss es-plained that the Town Engineering Department under the supervision of A. J. Foote had been making a survey of the water shed throughout the unincorporated area, which IL Foote anticipates completing in about two weeks . Town Engineer Foote presented a map showing the course of the Si-eld_rake River. ?Jiayor Johnson stated that he vrould_ suggest that the Village Engineering Department make a similar survey in the Village and that the data be prepared for another joint meeting to be held later. The Village study would include the flood_ stages along Ptiamaroneck River and its junction with the Sheld.rake River which flows through the unincorporated section of the Town. Supervisor !,icCulloch stated that the Town was apprehensive about embarking upon a flood control program in the unincorporated area, as it might make flood conditions much worse in the Village of iviama °°peel_. He suggested that the Engineering Departments of the Town and the Village work together while preparing the survey and that the Village and Town have representatives interview hy- draulic engineering firms on their charges, reputation and so forth., with a view tovrards having such a firm act as consultants in the flood control program. He stated that when the survey has been made, it may be found that the cost of the flood control pro-Zram may be so great that it will have to be accomplished by piece work. Mayor Johnson stated that even if a genuine flood control program did take five years to finish, the two Boards will have performed a vital service to their communities. The members of both and the 3aayor as a co=oittee hydraulic engineering firms; respective Boards for action be held later. Boards decided that the Supervisor should proceed to communicate with that reports should_ be made to the and that another joint meeting should Following the joint meeting the Board proceeded with the reclular order of business . The Supervisor asked if there was any one present who wished to address the Board. PIr, 14artin E. King, attorne7-, appeared on behalf of John J. irurdock and. Johnethel Realty Corporation. He asked that the present assessment on the property owned by his clients be reduced from 1509,250 to X3205,120. He stated that he would with- draw certiorari proceedings in the event that the 3oard `mould agree to a compromise . He was informed that the Board would take the application under advisement . The Supervisor asked if there was any, one else who wished. to address the Board. There being no one, the 'Board proceeded. Councilman i�tandeville reported that the highway Department men were cleaning the streets and that some men had been detailed to reraove a. large stump at Little Farms Road, Ee stated- that an inspection of the streets of Dillcn Park shows the need of re-surfacing, but because of the lack of money and the small amount of travel on these streets, the work will probably be eliminated. He also reported that inspection of the following streets indicates the need. of a. seal coat after the filling of holes in order to give a more even surface and to protect the road base from damage by -weather: North Chatsworth Avenue, Huguenot Drive Rochelle Road, Sprir,gd.ale Road-, Poplar Road Glen Avenue Glenn Road, Forest Avenue ( east of `--Oeaver Street ) and Rockland Avenue . All streets of Larchniont Ridge, Folly Place, Colonial Avenue and Sheldrake Avenue require curbs to be completed by P. A. and need re-surfacing. He informed. the Board that during the past year the follow- ing streets have been re-surfaced by a seal coat ; udildwood Road, Hillside Road Lookout Circle Lakes`de Drive { in part ) IaIountain Avenue, Edgewood Avenue, and. l=yrtieAvenue on which worts is now being d.one. He -reported that County Engineer Sells had made a visit to the Town to inspect the bridges at �_ckor, Grove Drive and Bonnie Briar Lane . He stated that it may be possible to receive some relief from the State Department in repairing these bridges . Councilman Bates reperted. that the Sewer Department had started repair work on the sewer in Baldwin Place Council-man Griffin stated that the re-oorts for the depart- ments of parks and public welfare had been. handed in at the last meeting and that there was nothing further to report . Councilman Irieginniss presented the following financial reports for the period from January 1, 1938 to September 30, 1938; (1 ) Statener_t of Budget Appropriations and Lx_pend.itures; ( 2 ) State- ment of Estimated Revenues; and (3) Surrmary of Receipts and Dis- bursements . He also reported that the departments had beer_ requested to submit tentative estimates for the 1939 budget before Move-,fiber 1, 1938. He read letters dated October lr and October 13, 19385 received from u�. V. 1'slcCarth,y Jr. , Chief of the Yire Department of the Town of -1Samaroneck, in -which the Chief advised that the Fire Council at its regular meeting held October 1, 1938; made certain recorrnend.ations for the appointment of volunteer firemen, a raid driver, fire policemen and a sur geon. Followinm some discussion, it was upon motion by Council- man ,emir ise seconded by Councilna i!:andeville unanimously RESOLVED, that on the reco=end.ation of the Fire Chief the following mer_,havin, satisfactorily completed the probationary period, are hereby appointed volunteer firemen: George hy Fran' Guada ,nola Walter Palmer Carl Leaner Van Stryker Mille Thomas F. Ru_fell John. A. Cary On motion b7r Councilman eginniss, seconded by Councilman Griffin, it was unanimously R:FSOI VEL', that on the reco'nraenoation of the Fire Chief Dr. William H. Conway be and he hereby is appointed Surgeon of the Fire Department . On motion by Councilman 'Meginniss, seconded by Councilman Ya.ndeville, it was unanimously RE'SOL-�'D, that on the recommendation of 'he Fire Chief the following n:en be and they hereby are appointed Fire Policemen in accordance with Chapter 821 of the Laws of 1936: Harry rialloy F. L. P�ieber On motion by Councilman Meginniss, seconded_ by Councilman Mandeville, it was unanimously FESOLVED, that on the recommendation of the Fire Council Joseph Miller be and he hereby is appointed Paid Driver of the Fire Departr;iient, since he has satisfactorily completed the probationary period, The Su pervisor informed the Board that he had received a req=pest from the Taxpayers ' League of Larchrmont and !Mamaroneck for perfaission to exa ine records of the Town in relation to opera- ting Costs. "he Hoard consented immedi atel v and asked that aid. de- partments be instructed to gi' 77e the�� complete information and full cooperation. Councilman Griffin presented a petition dated_ October 19, 1938, from the Assessor for the correction of the assessment 2011 so as to permit the apportionment of takes, On -potion by Councilman Griffin, seconded by Councilman Bates the folloiJin_ resolution was unaniiuousl;r adopted- i6'I-. REAS,t^_e _zssessor has presented a petition dated. October 19 1938, for the correction of the assess- m.ent roll for the year 1937, taxes of 1938 pursuant to the provisions of Section 33 of Chapter 105 of the La;vs of 1916, as amended., known as the Vdest- chester County Tax Act, and. !HEERLAS, after due consideration this Board finds it desirable to grant said petition for the correc- tion_ of said assessment roll- NON, T^_r--_REFCR , BE IT' ,ESOL'P=, that taxes of 1'936, on the rolls as Section -locti, Lot the assessment roll for the year 1937 , which shows property now appearing falloirJS - Owner 1 Z-4-F 5'7 5S Roosevelt Allen 9 In Land Imp. Total ,500 m x,500 be corrected as _olloma, in accordance with the provisions of Subdivision 5 of Section 33; Section Block Lot Owner Land 1 44E 57 T . Roosevelt Allen 250 58 T . Roosevelt Allen 250 FURTHER RESOLVED, that the assessment roll for the year 1937, taxes of 1938, which shoves pro- perty now appearing on the rolls as follows . Section E1ock Lot Owner Land 1 44E 59 to 81 D;c-;v Rochelle Realty Co. ;?9, 500 be corrected as follows, in accordance with the provisions of Subdivision 5 of Section 33: Section 3lock Lot _ 44 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 ;4 75 76 77 73 79 80 81 FURTHER RESOLVED, that the taxes of 1938, which shows on the rolls as follows . Section 3lock Lot Owner 1 44F 1 to 25-A New Rochell Land 350 400 450 500 000 550 550 500 450 400 400 400 425 425 400 375 350 350 350 350 325 320 325 m Imo. Total - ?250 250 Ira p® Total ;9,500 ii, 0. assessment roll for 1937- property now appearing Land Iran Realty Co. tlo1 500 - be corrected: as follows, in accordance with the provisions of Subdivision 5 of Section 33: Section31ock Lot 1 44r 1 2 3 d. 5 O 7 3 0 10 11 12 13 Own-- New Rochelle Realty Co. TV IF ii I if ft a IF ft if it If 11 Vi PI if it YP it it IF 1'. it f1 N if ip R it If If tf if it it ,°1 it IF H it if IT 11 if n 1t u if 41 PI IT R it it it Ti It if it IF IT if if IT It it t1 ii R1 iP [1 PP .1 i9 9P 1t tP tP a it iP P1 PP FURTHER RESOLVED, that the taxes of 1938, which shows on the rolls as follows . Section 3lock Lot Owner 1 44F 1 to 25-A New Rochell Land 350 400 450 500 000 550 550 500 450 400 400 400 425 425 400 375 350 350 350 350 325 320 325 m Imo. Total - ?250 250 Ira p® Total ;9,500 ii, 0. assessment roll for 1937- property now appearing Land Iran Realty Co. tlo1 500 - be corrected: as follows, in accordance with the provisions of Subdivision 5 of Section 33: Section31ock Lot 1 44r 1 2 3 d. 5 O 7 3 0 10 11 12 13 Land Imp X410 410 410 410 410 410 410 410 410 410 410 410 410 Total °;1350 400 450 500 550 550 550 000 450 400 400 400 425 425 400 375 350 300 350 350 325 325 325 Total 6,;10, 500 Total 5410 410 410 410 410 410 410 410 410 410 410 410 410 Owner New Rochelle Realty Co. 1P IF it IT ;t f.` IT ft it YP IT It if IF it if it it if it it tf it °r 1i If it 11 it ii if IT Pr PP [1 it E1 11 IF IF if 11 ii Land Imp X410 410 410 410 410 410 410 410 410 410 410 410 410 Total °;1350 400 450 500 550 550 550 000 450 400 400 400 425 425 400 375 350 300 350 350 325 325 325 Total 6,;10, 500 Total 5410 410 410 410 410 410 410 410 410 410 410 410 410 Section Block Lot Owner Land T_ Total 1 44F 14 New Rochelle Realt-. Co, 0410 :*,410 15 Sale Lien or Penalty 410 4101 16 i 12. 60 36. 99 410 410 17 13. 35 47. 54 1935 al 0 410 18 266 . 98 " 1937 410 410 19 �¢ 410 410 20 n 410 410 21 " " 410 410 22 n 410 410 23 410 410 24 " " ° " 410 410 25 " " " 410 41_0 "A" 250 250 FURTHER RESOLVED, that the assessment roll for the year 1937, taxes of 1938, which shows pro- perty now appearing on the -rolls as follows: tion Block Lot Owner Land Imp. Total 1 58 1 to 6A New Rochelle Realty Co. %Q3, 600 - 031600 be corrected as follows, in accordance with the provisions of Subdivision 5 of Section 33: Section Block Lot Owner Land lrnp® Total i 58 1 New Rochelle Realty Co. 1 600 x600 2 " t6 " 600 600 3 " 600 600 A 'r 300 300 5 n u 1,2`00 1,200 6A v u 300 300 The Town Attorney recommended that the following resolution be approved., and on motion by Councilman Bates, seconded by Council- man Griffin, it was unanimously adopted: WHEREAS in foreclosure proceedings instituted by the Town against Jennie May Palmer, Daisy Belle Palmer, et . al. , the referee, duly appointed for that purpose by order of the Supreme Court, sold to the Town of Lamaroneck, property described as Lots 61 7 and 23, Block 80, Section 1, on the Assessment Eap of the Town of Mamaroneck; and WHEREAS the said referee has applied to the pay- ment of certain taxes, assessments and tax liens owned by and due to the Town of Mamaroneck, to- gether with interest and -penalties thereon_ to the date of sale, the sum of `,.4,860. 42, which taxes and assessments and tax liens are required to be cancelled by the provisions of Section 54 of the Westchester County max Act; NOW, THEREFORE, BE IT RESOLVED that the following taxes, assessments and tax liens are hereby cancelled. Section 1. Block 80. Lot Year of Year of Amount of Interest Tax Sale Lien or Penalty Total 1933 1934 R 24. 39 12. 60 36. 99 1934 1935 34.19 13. 35 47. 54 1935 1936 208. 98 58. 00 266 . 98 1936 1937 11339.25 211. 36 1,550.61 Year of Ta7, 1937 Section 1, 31oc1, 80. Lots 6 7 and 23 Year of Amount of Interest Sale Lien or Penalty Total 1938 ;' 437. 03 Section le 31oc.-r SO 16. 61 6. 7 and 23 453. 64 - 1938 State, Tovtrn v: County 361„ 6'4 25. 32 386. 99 ±938 School Taxes 27. 31 - 27. 31 Section 1 , 31oc'k 80� Lot 7 1933 1934 24. 39 12.60 36 . 99 1934 1935 34. 19 13. 35 47. 54 1935 1936 208. 98 58.00 266. 98 1936 1937 1, 339.24 211 . 36 1,550, 60 Section 1, Block 60, Lot 23 1933 1934 30. 31 15.73 116.04 1934 1935 42. 55 16061 59-16 935 1936 33. 44 9. 26 42, 70 1936 1937 34. 88 0 .47 40. 35 Lair. Sates introduced- the f ollpid,ink re solu.t ion: RESOLVED B�' ! TO'VN 30= 0, !ii ' TOvFf OF 1111"1A RO NECK I iKtt C--7!'vT- TvTY Cv VELSTO-HESTER v.CRK, as followE. Section i. in antici)ation of the receipt of unpaid- State, County , iO,i�in ana TovTn DiStrlot taxes for the fiscal year be5inni" January 1 1938 and endin- Decem- ber 31, 1938, and for the purpose of providing moneys (a) to pa.y to County Treasurer the a-rnount of unpaid State _ and. County tai-8, and \b ) to =fP_eet th.e la`d'Tful expenditures of the Tov'in and- of the Town District under the appropria- tions for said year, the Supervisor is hereby authorized and directed to issue a Certificate of Indebtedness of the To;vn in the principal amount of ,150,000. , pursuant to Chapter 105 of the LanLs of 1916 of the State of New York as amended. Section 2, It is hereby determined- a-rid declared; (a) The total a Mount of State, County Toir.,n and. Tovvn District taxes levied in said Tvvn for said fiscal year, is ;,a,373, 588. 08. \b) The total amount of said taxes due and unpaid, is i'y'163,730, 83. (c ) The total a_nount heretofore 'corroued- and out- stard-in in anticipation of the collection of said fazes, is none . Section 3. The f ollowin matters in connection mrith said Certificate of Indebtedenss are hereby determined. Date : November 1 , 1938 !:'aturity; July, l 10-39 Denomination- $'=150, 000 Interest rate per annum_: x701i per annum Four_: r.s hereinafter f-etermined. The Supervisor is hereby authorized to determine all matters in connection t'_1erevnith not determined by this or subsequent resolution and his si3,nature upon said Certificate shall be conclusive as to such determinations. Said Certificate of Indebtedness shall be signed by the M Supervisor and countersi ged. by the Town Clerk and shall have the corporate seal affixed. thereto. The Supervisor is hereby authorized and directed to sell said Certificate of Indebtedness at private sale at not 'Less than par, ,��•i thout adver'l ise-ment or public bidding and to deliver the same to the purchaser upon receipt of the purchase I,)- plus accrued interest from the date of the Certi- ficate to the date of delivery. Section 3. Said Certificate of Indebtedness shall be in substantially the follovvine forma Yo. '1'1,150, 000. 00 uNITLD ST'IT-ES OF AP:TERICA STATE OF NEW YORK _r TE COG-!,,TY --,F trriIST'CEISTER TOJDi 0'= 1/11L,1ARO1,1ECK CE'R9'.IFICA'TE 07 TI,,1=7FDIIESS The Tcv7r. of lc!ai�naronecl, , in the- County of lifestchester. a nunici'_Jal corporation of the State of le-w - rk, hereby actinowledE;es it self indebted and for value received promises to pay to the bearer of this certificate, or if it be revi stered to the person in vfhOSe name it is registered., the san of CNE LU '_=`D AMID FIFTY '1' 10USA'_` ID -- ---D'CI,L!-_PS 0;150,000 ; on the let da- of JITLY, 10,39, together withh ii erest thereon fro-m the date 1_'_ereol° at the rate of seventy one- I,u_ndredths of one per cent-am ( .70"o) _Per interest an n�ul?, payable at maturity. 3 ot1 principal anr t o� this cerU1 , Cate will be o ] d in lawful ,~honey of the united States of America at the office of the Guaranty Trust Company of Yorl_ , in the City, County and State of 1,7 e?v York. At the re nest cf the holder, this certificate ma ' be re=-istered. on the books of the To-rvn, �e;ot in the office of the Town Clerk, and a certificate of such registry shall be endorsed upon this certificate by such Torn Clerk, after which both principal and interest of this certificate shall be payable only to the registered 1h01der, his legal re'oresentatives . successors, or assigns and shall be transferable only upon presentation to such Town Clerk with a 1Nrltten aS S1Ennent duly acicowledsed or proved. The name of the assignee shall be entered upon this certificate and such bool2s . This certificate is issued pursuant to the provisions of the lestchester County Ta-x Law, constituting Chapter 105 of the Laws of 1916, as amended, and by 'virtue of a resolution of 'he Tgwn -3oard of said Town duly adopted_ on October 19, 1938, for money borrowed. in anticipation of the collection of unpaid. State, county to-rvn and term district tares, levied. in said 'Town for the fiscal year cornraencing January 1, 1938. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York, to exst, to have happened and to have been per- fbrmed precedent to and in the issuance of this certificate, exist, have happened and have been performed, and that this certificate, together with all other indebtedness of said Town is within every debt and other limit prescribed by the Constitution and laws of said States TIT r'317NE;SS - HETEDF, the Town of 1,4a =aronecl= has caused this certificate to be „_tined by its Supervisor and countersigned by it: Town Clerk, and the corporate seal of said Town to be hereunto affixed, and. this certificate to be dated this let day of NOVEM=B, 1938. (CORPORAT' SEAL) .S5. u?0erviscr. CODUTERSIGNTED. Town Clerk WE T'T iS HEREBY CERTIFIED THAT THE WITHIN CERTIFICATE HAS BEEN REGISTERED AS FOLLOWS' DATE OF REGISTRATION KAY OF REGISTERED HOLLER REGISTERED BY On motion of dr.Bates, seconded by Mr. Handeville, the fore- going resolution was adopted by the following vote : AYES: Supervisor KcCulloch Councilmen: Bates , Griffin, Mandeville, Meginniss NOES: done The Town. Attorney reported that he had considered the letter froTn Lucille Elfenbein, previously referred to him by the Board and that he could see no liability on the part of the Town, Upon motion made by Councilman Griffin, seconded by Council- man Dates, it was unanimously RESOLVED that the Town Attorney is instructed to advise Iers. Elfenbein of this fact . Upon ;notion made by Councilman wandeville, seconded by Councilman Reginniss, it was unanimously RESOLVED that the attendance by the Tot-:m Attorney at the Lunicipal Section of the American Bar Association at its convention in the City of Cleveland and also the meeting of the Committee on Certiorari Proceedings of the Association of Towns of the State of New York, held at Rochester, New York, July 25th, 26th and 27th, is hereby approved and that the necessary travelling ex- penses are hereby authorized to be paid out of his budget . The Town Clert read_ a letter dated October 18, 1938, received_ from the Larchrmont Development Company; Inc. in which they inquired about whether or not the operation of the automobile junk yard on the north side of Palmer Avenue in the vicinity of their project was not a violation of the ZoninG Ordinance of the Town of hamaroneck. The letter was referred to Town Attorney Delius, Engineer Foote and mown Clerk Payne . A report was received from the County Health Department consisting of tables showing (1) estimated cost of all services by tax units together with the amount received from each unit , (2 ) estimated cost of individual services by tax units, (3) local appropriations for public health services, A ) local appropriations to voluntary nursing organizations, for the year 1937. The report was ordered filed. The report of the Receiver of Taxes and Assessments for the month of September was received and filed. A letter dated. October 18, 1938, was received from the Re- ceiver of Taxes and Assessments certifying that the uncollected 1938 state, county, town, town district, special assessments and water arrears amounted to 5163,780. 83 as of the close of business on October 18 , 1938. The letter was ordered filed. The report of the Town Clerk for the month of September was received and filed. At 10:45 P. M. the Board unanimousix1resolved to adjourn, a Town Clerk