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HomeMy WebLinkAbout1939_04_05 Town Board Minutes e RE P!1EETING OF THE TOViN BOARD TO'ArN OF !LAT;ARO1\1ECK, NEW YORK 1ELD APRIL 5, 1939 At the Town Offices, 158 ',Vest Boston Post Road, Mamaroneck, N. Y. 8 P . M The meeting was called to order by Supervisor 1AcCulloch at Present * Supervisor viclulloch Councilmen Bates Griffin, lllandevills, 1:1eoi__n_niss Absent * None The presence ltvas also noted. of Town Clerk Payne , Town Attor- ney Delius, Assessor Smith Comptroller Luceno and TouFn Engineer Foote . The Supervisor asked if there was any one present who wished to address the Board. There being no one the Board proceeded with the regular order of business . The Minutes of March. 15, 1939, Ire o al)1)rovea. The Town Clerk presented the public official' s surety bond in the amount of $1, 000 covering the position of public welfare officer and naming Charles D. DeVinne as principal. He stated that the bond had been approved by iviro Keeler, the TovTn" s insurance broker. Upon motion by Councilman Griffin, seconded by Councilman Bates, it was upon roll call unanimously RESOLVED, that the Globe indemnity Company public official' s bond No, 2999901 in the amount of 8,'1, 000 naminT Charles D. DeVinne as principal, be and it hereby is ap-proved< The Town C1er-lx read a letter dated ivarch 28, 1939, received from Public '.Velfa.re Officer Charles D. DeVinne , recommending that the salary for the position of stenographer held by 1LAiss Eleanor Lyon be increased to the amount paid other stenographers in the welfare office . He advised that '4;iss Lyon had completed_ the regular probationary period and that the increase was provided for in the 1939 budget . Following some discussion, it was on motion by Councilman Griffin, seconded by Councilman Bates, upon roll tali, unanimously RESOL,TED, that the reconua.endation of Public Kelfare Officer Charles D. DeVinne be approved and that the salary for the position of steT=ra-pher held by Miss Eleanor Lyon be increased from £''936. 00 to 0;'j 040. 00 for the balance of this year effective May i, 1939. The Town Clerk reported that an application for a dance hall license had been filed_ by IG1. 'puller for the premises know✓n as the Ago.ariium Tavern, 1280 3oston Post Road, Town of Maro-53.roneck„ that the Building Inspector and Police Department has approved the application and that the owner requests that the Town Board approve same subject to the approval of the Fire Department . Following some discussion it was upon motion by Councilman Griffin, seconded by Councilman Mandeville, unanimously RSGLV D that the application for a dance hall license filed. by Pr:. hgaller for the premises known as the Aquarium Tavern, 1280 Boston Post Road, Town cf Itiamaroneek, be and hereby is a=pnroved sub- ject to the final inspection and approval of the Fire Department of the Toarn of Mamaroneck. ME The Town Clerk read a letter dated larch 28, 1939, received from Yabel T Powell , requesting that additional time be allowed for the payment of certain tales which were included in a resolution adopted by the Town Board January 19, 1939m Following a lengthy discussion, it was on motion by Council- man Griffin, seconded by Councilman Bates, upon roll call, unanimously RESOLVED, that the Receiver of Taxes and. Assessments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on Section 8, Block 81, Lot 16, the liens for which are held by the Town, in the face amount of the liens plus interest computed at 6 per cent per annum, provided payment is made within thirty days; Year of Year of Amount of Tax Sale Lien 1925 1928 °, 6.38 1926 1927 10. 15 1931 1932 23.00 19o2 1933 W50 1933 1934 33. 01 1934 1,35 63. 76 1935 1936 37x58 1936 1937 44. 40 1937 1938 47 .10 The Town Clerk read a letter dated Map 28, 1939, received from Henry R. Dillon, Receiver of Taxes, recommendl.__ that inasmuch as Alexander Finson is employed in the tax office at J°various times, particularly during the collection Of the state, county and town taxes in Apri:!., the tax sale and the collection of school taxes in September, he should carry a bond. Following some discussion it was decided that the matter be referred to Supervisor ivcCulloch and Mr. Dillon to determine the amount of bond necessary to cover the position held by ,?r . Finson. The To''fr Clerk presented the following reports which were received and filed: 1 . The Building inspector% s report for the month of March, 1939,. 2, The Plumbing inspector' s report for the month of March, 1939. 3, The County O f Westchester Department of Health report for the month of February, 1939. 4. The State insurance Fund' s annual report of accidents covered by compensation insurance during the year 1938, The Supervisor asked if there was any one present who wished to address the Board.. Mr. Milton a Tunick, attorney, appeared. on behalf of Harry Rodwin, John D. McGrath, and Adrian F . Eurke , as Trustees annex a Declaration of Trust dated the 18th day of April, 1936 , and a Plan of Re-Organization for Series, OV-1 &iortga.ge investments Issued by the New ?ork Title and Mortgage Company. The Town Attorney stated that he recommended the settlement of the certiorari proceeding instituted by Harry Rcdwin, et al „ as Trustees under a D1eclaration of Trust, etc . , to review the assess- ment upon a parcel of property in the Village of Mamaroneck, known. as Section 9, Bloch 19, Tots 13A and 138, on the basis of a rejuc- tion in the assessment from •`'>32, 000 to $:,28, 000 for the year 1938. Upon motion made by Councilman Bates, and seconded by Councilman Griffin, the following resolution was adopted- �V=FEAS, 'heretofore aTid on of October , 1938 a writ of by Ram% Rodwin, et al. , as tion of Trust, etc . , owners Lots 13A and. 13B, to review, premises owned. by them; and ;r about the lith day certi orari was obtained Trustees under a Declara- of Section 9, Block 19, the assessments upon the Vu EREAS, a return to such writ was duly filed b,;r the Assessor and 3card of review on or about the 15th day Of IQovember 1935 and. no further proceedings have been taken; and iVEEEREAS, the Torre Attorney and Assessor recommend to this Board that the proceedings be settled and dis- continued upon the reduction of the assessment from 132, 000 to , 28, 000; NOVV, THEREFORE, 3E ST RESOLVED, that the assessment for the year 1938 upon property known as Section 9, Block 19, Lots 13A and- 1335 assessed for `;32 000 be reduced to („:28, 000, provided the certiorari proceeding noml pending in the name of Harry Rod_v in, et al. , as Trustees under a. Declaration of Truss etc be discontinued without costsa FURTHER RESOLVED, that the Teton Attorney is hereby authorized and directed_ to sign the necessary st1.- pulation to obtain an order cf the Su-oreme Court providing for such reduction and .re-fund of any excess ta ,es paid.z The Town Attorney reported. that he had been furnished with an original receipt s'f_owinS payment by the l:lutual Life Insurance Company in the year 1879, of a certain tax or tax lien or lease upon property in the Village of Mamaroneck known as The Midfii' ht , �E Ct and. x10 Unt Pleasant Avenues , which rner of Pros gppeared to have been made pursuant to a notice to redeem given to the owners bq a forme"_^ Supervisor, Santa, and that the recel- t states that pa eni t as made by the i;iutual Life Lnsurance Compan ; as mort- gagee and that an assignment of the lien or lease would be made to thee_ Further he stated. that an affidavit Xmas presented. by he Mutual Life insurance Company indicating that they found no record of such assignment having been made although efforts had been made to locate such assignment and that Anthony Sansone, Esq® , attorney for the Village of 111-1amaroneck, had submitted a satisfacticn of this _ien with the request that it be accepted without production of the original lien or lease since the Village of Mamaroneck had now ac- quired title to the property,- in question. Mr. Edward. K. Bachman of the f irrn of Larkin, Rathbone k. Perry, attorneys for St . Michael' s Horne, also appeared and stated every effort had been made to locate the tax lien or lease and the assi�rment thereof. Upon motion of Councilman Bates, seconded b�7 Councilman Griffin, it was RESOLVED that the' Supervisor and/or Receiver of Taxes are authorized to accept the satisfaction for the lien or lease in the srsr. of ?1242, 95 and cancel said tax without the -_production of the original lien or lease . Chief of Police Paul A. Yerick appeared to inform the Board of the recommendation of the Police Commission that the contract I or the simmer uniforms be awarded to Margoluis L Sons„ Upon motion by Councilman Hand.eville, seconded by Council- man Bates, it was unanimously RESOLV 'D, that the recommendation of the Police Commission be approved and that the contract for the su_nmer uniforms for the Police Department be awarded to Margoluis & Sons for the amount speci- fied in the bid, namely, `:,568e00a Town Attorney Delius reported that he had made a complete study of the question concerning pensions for the employees of the Town. He stated that he could not find any method for providing pensions other than the New York State Employees! Retirement System and that he had inquired about the arrangement in the Village of Larchrront for employees who had retired from service before the Village Joined the New York State Retirement System. He stated that he had received a letter from the Village of Larchnont dated Harch. 18, 1939, and that they had informed him that three men became eligible for retirement under the New York State Employees' Retire- ment System after they 'had attained the age of seventy y=ears . One v=aas not .recuired to contribute anything from his salary. The others contributed for one month, Tovvn Attorney Delius reported that the Zoning Board. of Appeals had furnished him with printed copies of the proposed chant s to the Zoning Ordinance of the unincorporated part of the Tor,.. He also reported that the final draft of the proposed changes to the General Ordinances, Plumbing Code and Building Cade of the Town had been prepared and that he had submitted conies to the Police Department, Building Inspector and Plumbing Inspector. The Town Clerk read a letter dated March_ 24, 1939; received I rom Sheldon Lm Pollock, attorney for Yonkers Bus Inc . advising that the Village of Larchraont had granted consent to Yonkers Bus, Inc, to operate buses along that part of the proposed White Plains-New Rochelle route within the ,jurisdiction of the village . Another letter dated 14arch 29, 1939, received. from Nr. Pollock I.-- with an application of Yonkers Busy Inc , for a franchise and/or con- F sent to operate a motor bus lire or route upon, over and along certain streets in the unincorporated section, was read by the Town Clerk, Supervisor McCulloch inquired if there was any other cor- respondence concerning the proposed bus line or route . The Town Clerk thereupon read a letter dated April 1, 1939 received. from The Parent-Teacher Association of the 1Iurravr Avenue School signed_ b77 Katherine D. advising that the association bus route along 7�urray Avenue June lo, 1938, were enclosed YcLeughlin, Corresponding Secretary, is very much opposed to the proposed Copies of letters dated June 6 and * th the above mentioned letter. Supervisor McCulloch informed. the Board that he had received teleplaone calls from 111r. E. R. Van Sickle and llrs Bernard LeVino and that both gentlemen were opposed to the proposed route . Following a lengthy discussion, the Board decided to defer action. The Town Clerk read a letter dated March 1?-, 1939, received from valter• C-, Otto, President of the rVestchester County Community Council, Inc, , requesting the Board to consider the proposal that the Council act as the official co-ordinating body in solving the problem of handling 'uVestchester County' s participation in the forth- coming lcrldgs Pair of 1939. He set forth the complete plan and requested that the Board appoint a local representative to serve on �— the County Council. Following some discussion it was upon motion by Councilman 11andev5 11 e , seconded by Councilman tariff in, unanimo'u s-ly RF,SOS.,VED that Cornelius T. luinn of the unincorporated Dart of the Town of Eama.roneck be and hereby is ap- 'oointed to serve on the 'Westchester Count-yr Community Council, Inc, as the representative of the unincorporated section of the Town of Mamaroneck. The Board decided not to take further action until lair. Quinn has had an opportunity= to make a complete study of the plan. Councilman Mandeville stated that he was quite disappointed over the lack of cooperation on the part of the New York, Nev' Haven C Hartford. Railroad. Company in not cleaning up the condition which exists at the Larchmont Station. He pointed out that the Town park adjoining the station property has cost the taxpayers a considerable amount of money and that it is not unreasonable to expect the railway Company to do their part . is recommended that the Town Clerk be directed to send a letter to the company requesting them to take steps to remedy the condition and that it again be suggested that they build a walk or passageway over the old Ne-v York, Westchester L Boston Rail- way roadbed to connect with the New York, New Haven Hartford Rail- road southbound platform. The Board directed the Town Clerk to write such a letter. Ar. Iandeville reported that the Highway Department was re-paving Lakeside Drive on the south side of the Gardens Lake, that road repair work was going an throughout the Town, and that to date thirty tons of material had been used, He also reported that the Highway Department had completed the work of sweeping the A5 . _.. ___ streets and that the total cost for this work was y7sga o. He advised that f'sand had been used on cross walks during the winter and that the Police Department reported few, if any, accidents . He recommended. that April 13, 14, 151 2O, 21 and 22 be designated for what is known as "Clean-Up Week". He stated that Town trucks would be available to carry, away refuse and other materials not considered ordinarily as garbage On. motion by Councilman Mandeville, seconded by Councilman Bates, it was unanimously RESOLVED, that April 13, 14, 15 20 21 and 22 be designated as "Clean-III Vdeek ' for the unin- corporated area of the Town of Mamaroneck. Mr. Mandeville stated that he was pleased to report that the department for the collection of garbage was carrying on the work in an efficient manner and that according to his knowledge there had been only two complaints since February 22, 1939. Supervisor McCulloch informed_ the Board that the project proposal for the construction of a joint incineration plant was on the list of projects being considered by the Federal Government. He also informed. the Board that the County of Westchester had granted a right of way or easement over 1250 square feet of co unty-owned_ property known as the Pelham-Port Chester right of way at"the end of haxwell Street . Following some discussion on garbage disposal and the request- by the Village of Mamaroneck for cooperation curing the trial of the new village incineration plant , it was decided that the Town. Engineer be instructed to have the department for the collection of garbage furnish the village with the additional amount of garbage required for the tests. Councilman Bates reported_ that the sewer construction wore at Wilson Lane was about fifty per cent complete. He informed the Board. that Yr. Eager had telephoned to inquire if the Town could arrange to drain the Howe property adjoining his property situated at Valley Road, He stated that two years ago a plan had been dis- cussed with 1'::r� Eager to run a ?rain th_rou Eh his driveway in order to relieve the condition„ At that time there were certain reasons why Mr. Eager did not consent to granting an easement. He now re- quests that something be done to relieve the condition, The Sup_ ervi sor 'recommended that in view of the fact that the 1939 budget includes specific items, it would be necessary to consider this request while preparing the 1940 budget , Councilman Griffin presented a petition dated April 5, 1939, received from the Assessor for the correction of the assessment rolls so as to permit the apportionment of taxes . On motion by Councilmen Griffin, seconded. by Councilman Bates, upon roll call, the following resclution was unanimously adopted: VdHEREAS, the Assessor has presented a petition dated April 5, 1939, for the correction of the assessment rolls for the years 1937 and 1938, taxes of 1938 and 1939, pursuant to the provisions of Section 33 of Chanter 105 of the Laws of 1916, as amended, kno wn as the ,Iestchester County Tax Act; and lNTHEREAS, after due consideration this Board finds it desirable to Grant said petition for the correction of said assessment rolls; NO'S, T-,-TEREFORE, BE IT RESOLVED, that the assessment roll for the year 1937, ta;-.es of 1938, which shows property now appearing on the rolls as follows: Section Block Lot Owner Land Imp. Total 4 28 1 Est , of Cecilia Howell $,61950 $4, 500 $111450 be corrected as follows, in accordance with the provisions of subdivision 5 of Section 33: Section Block Lot Owne r Land Imp. Total 4 28 1 Est. of Cecilia Howell $,4, 950 $,4,500 $ 9,450 4 28 15 Charles Guglielmo 2,000 2, 000 FURTHER RESOLVED, that the assessment roll for the year 1938, taxes of 1939, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Imp. Total 4 28 1 Est . of Cecilia Howell x;:6, 600 7j-4,400 $,11, 000 be corrected as follows, in accordance with the provisions of subdivision 5 of Section 330 Section Block Lot Owner Land Imp. Total 4 28 1 Est . of Cecilia Howell z!s4, 600 �p4,400 F 9, 000 4 28 15 Charles Guglielrno 25000 21000 FURTHER RESOLVED, that the assessment roll for the year 1938, taxes of 1939, which shows property now appearing on the roll as follows: Section Block_ Lot Owner Land Imp. Total 6 49 8B to 14B, Morris Rosenthal $9,500 $11, 000 fb;20,500 34 to 40 be corrected as follows, in accordance with the provisions of subdivision 5 of Section 33: Section Block Lot ' Owner Land Imp. Total 6 49 8B to 14B, Pliorris Rosenthal $,41300 $ 41300 34 to 36 6 49 37 to 40 Amanda A. Evans 5,200 x.311, 000 ;;;162200 ,. M..k. ...i '... F RTITE R RESOLVLD, that the assessment roll for the year 1936, taxes of 1939, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Imp. Total 7 56 1D Bessie Kennedy 07,500 018,500 026, 000 be corrected as follows, in accordance with the provisions of subdivision 5 of Section 33: Section Block Lot Owner Land Imp. Total 7 56 1D Kings County Trust Co. $7,350 018, 500 $' 25, 850 7 56 IF Bessie Kennedy 150 150 Councilman Griffin presented a petition dated April 5, 19391 received from the Assessor for the correction of the assessment roll for the year 1938, taxes of 1939. On motion by Councilman Griffin, seconded by Councilman Bates, upon roll call, the following resolution was unanimously adopted.: MI REAS, the Assessor has presented a petition dated April 51 19395 f or the correction of the assessment roll for the year 1938, taxes of 1939, pursuant to the provisions of Section 33 of Chapter 105 of the Laws of 1916 , as amended, known as the CVestchester County Tai, Act; and iVI REAS, after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll; NO-N, TI=EFORE, BE IT RESOLVED, that the assessment roll for the year 1938, taxes of 1939, which shows property now appearing on the roll as follows : Section Block Lot Owner Land Irip. Total 8 78 15 Anna Ceccone 0 800 045000 r}4, 800 be corrected as follows, in accordance with the provisions of subdivision 1 of Section 33: Section Block Lot 8 78 15 Owner Land Lmp. Total Anna Ceccone $'r' 800 - s 800 This chanZe is necessary because of the fact that after the building permit was granted by the Village of it was cancelled and the Assessor' s office not notified, so that the amount of the permit was added to the assessment . Councilman Griffin presented the regular monthly statements _ of the Public iNelfare Department for the month of Triarch, 1939 and reported that the case load in March, 1939 was 388 as compared with _ 394 for the same month last year and 386 in February, 1939. Re also reported that the total expended for relief in :Yarch, 1939 was $':16,444.59 as against $18,739.89 for 14arch last year and $15,895. 33 for February, 1939. The average cost per individual was $. 346 in March, 1939 as against $ .403 last year and $-"".'.377 in February, 1939 . He pointed out that even though there was a great number in need of medical care in March this year, the cost dropped from 01, 695 for March, 1938 to $'976. 65 for March, 1939. Councilman Meginniss presented the following financial statements for the period from. January 1 to February 28, 1939: IM (1) Summary of Receipts and Disbursements; (2) Statement of Budget Appropriations and Expenditures; ( 3) Statement of Estimated Revenues. Councilman Mleginniss called attention to the fact that the resolution heretofore adopted by the Town ;bard on November 4th, 1936, dispensing with the signature of the Comptroller, upon checks which had been passed immediately after the death of 'Nilliam H. Fitzsimmons, the former Town Comptroller, should now be rescinded and a resolution adopted requiring all checks to be signed by the Supervisor and the Comptroller. On motion of Councilman Leginniss, seconded by Councilman Mandeville , the following resolution was unanimously adopted: RESOLVED that all resolutions heretofore adopted by this Board providing for the signature of checks drawn upon accounts in banks, trust companies or savings banks, heretofore named as depositories for Town funds, are hereby amended to the extent that all such checks shall hereafter bear two signatures, namely that of the Supervisor and the Comptroller. . Councilman I._eginniss referred to the N'eiw York State Insurance Fund report on accidents for the year 1938 and suggested that Town Engineer Foote make a study of same . He recommended that if Mr. Foote was of the opinion that there should be a meeting of the employees, such a meeting should be arranged. Assessor Smith reported that I, rs. Francis Burley, owner of property known as Section 6 , Block 50, Lots 48C and 48E, had called at the office to request that the 1938 tax on that part of her pro- perty known as Lot 48E be cancelled. He stated that she claimed that the parcel was included in the assessment on adjoining property for a number of years and that the Town was now assessing it as a separate parcel; also that she did not know that her property was being assessed in separate parcels until recently. The Board discussed the matter at length and decided to deny the request for the cancellation of the tax. Er. A. U. Rodney, representing the Bonded I1unicipal Cor- poration, appeared before the Board and stated that hiz 'company desired to obtain a refund of the amount paid for a lien purchased from the Town covering premises known as Section 8, Block 109, Lot 1 which was sold to theta for the face amount of 4110.81 at the tax lien sale of 1936. He stated that a change had been made in the tax map just prior to the sale insofar as the property on which the lien exists was formerly known as Section 8, Block 109, Lots 1 to 6; that when purchasing the lien his company had been led to believe that they were purchasing a lien on several lots rather than one and that because of this change they had been prejudiced in the collection of the lien. Upon motion made by Councilman v,andeville , seconded by Councilman Griffin, it was unanimously RESOLVED, that for the reason stated by dr. Rodney, the Suoervisor is authorized and directed to refund to Bonded I,Iunicipal Corporation the amount of this lien. Councilman Mandeville recommended that a committee be appointed to draft an appropriate resolution expressing the sym- pathy of the Board to the members of the Brennan family upon the loss of Henry D. Brennan, former member of the Town Board and 'highly respected throughout the community. Supervisor IdcCulloch appointed Councilman Griffin and Councilman Dieginniss to act as a committee and draft a resolution as suggested by PIIr. I,llandeville . Supervisor YcCulloch recommenced that if there was no other business to be brought before the meeting, the Town Board adjourn in respect to the late Henry D. Brennan, former member of the Town Board. At 9:50 P. M. the Board unanimously resolved to adjourn.