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HomeMy WebLinkAbout1939_06_15 Town Board Minutes SPECIAL MEETING OF THE TOWN BOARD ACTING AS BOARD OF FIRE COMi1'IISSIONERS OF FIRE DISTRICT N0. i OF TP ^1OWP OF MAMARON CK, NEN YORK, HELD JUNE 155 1939 At the Town Offices, lbS =Vest Boston Post Road, Nlama.roneck3 N. Y 2 P. R, . The meeting was called to order by Supervisor I'AcCulloch at Present : Supervisor TkcCuiloch Councilmen Bates, Griffin Mandeville, iVleginniss Absent: None The presence was also noted of Town Cleric Payne, Secretary to the Board of Fire Commissioners, and Town Attorney Delius . Mr. It4eginniss read the following letter from the Fire Coun- cil dated June 14, 1939, containing a resolution adopted by the Fire Council on June 13, 1939: June id, 1939 Town Board Town Offices 158 VPest Boston Post Road P,Iamaroneck, Ii. Y. Gentlemen: At a special :raeetin.g of the Fire Council of the Fire Department of the Town of 111amaroneck held 'Tuesday evening June 13, 1939, the following resolution was unanimously adopted: 6'V11EREA3, The Town Board has Town Board may not chase of a replace Engine No. 1, and now informed. the Fire Council that the legally e°.pend the money for the pur- nent of Hook and Ladder Truck No. 1 and WHEREAS, Our previous reports of the dangerous condition of these trucks has been confirmed by a survey made by an independent expert designated by the Town Board, and WHEREAS In the opinion of the Fire Council the number of votes cast in the -referendum just held could not possibly be construed as representative of the total voters entitled to vote, and WHEREAS, The Fire Council feels that the true emergency of the situa- t'= was not realized by the electorate . NOW THEREFORE, it is RESOLVED, that the Fire Council hereby requests the Town Board to take immediate action in arranging another referendum on the bond issue for purchase of replacements of Fire apparatus, and in addition to legal and other necessary advertising and notices, notice by mail be served on each elector in the District entitled to vote on said referendum. Very truly yours (Signed) 'N. V. McCarthy, Jr. Chief M Following discussion, it was upon motion by Councilman and eville, seconded by Councilman Bates, upon roll call, unani- mously RESOLVED, i4 'REAS Burton C. I4eighan, Jr. , as Trustee of the Estate of William T. tNood, deceased, has made application for permission to use certain property now zoned "F" on the zoning map of the Tourn of Ivamaroneck for the purpose of erecting thereon a, building to be used as a roadside restaurant or cafeteria of the type or (rind generally known as "Dutch_land"- and V��Ii�RyA. Gerald Campbell as builder has submitted cer- tain plans and specifications and, a plot plan_ for the building so to be erected; NoN, THEREFORE, BE IT RESOLVED, that pursuant to the power granted to this Board. by Section 7 of the Zoning Ordinance of the Town of I'lamaroneck the property bounded_ and described as follows, to wit : All that certain_ plot or parcel of land situate in the Town of Mamaroneck,Westchester County and State of New Rork, said plot or parcel of land being more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of the Boston Post Road, said point of beginning being distant 470.73 feet Northeasterly along the Southerly side of the Boston Post Road from its intersection with the Easterly side or line of Rock Ridge Road as shown on a certain map entitled `Subdivision Wla.p of the Villiam T. 17ood Estate, i4ade by A. J. Foote, Surveyor" and filed in the office of the Register of Nestchester County May 24th, 1937 as Neap Number 44537 running thence along the Southerly side of the Boston Post Road the follo-rrinv courses and distances. North 430 231 East 66 .80 feet, North 460 50° 10" East 152, 58 feet- north 470 451 20" East 80. 62 feet to a. point; thence running through lands of the V'1illiam T . �Vood Estate, South 420 14' 40" East 100 feet to a point; thence continuing through other lands of the 'iirilliam T. 'Nood Estate, the followinp-, courses and distances : South 470 45' 20" Nest 79.81 feet; South 460 50' 10" ffest 146.77 feet; South 430 23' 00" Vlest 63.78 feet to a point; thence North 460 37' West 100 feet to a point on the Southerly side of the Boston Post Road, at the point or place of beginning. may be used for the erection and maintenance of a building to be used as a roadside restaurant or cafeteria, which shall not include, however, the sale of beer, wine or liquor, of the type generally known as "Dutchlan.d." in accordance with the plans and specifications submitted to the Board entitled Store -"3 Dutchland Farms, Inc. , Brockton, Plans , Patent No. 93208, C. C . Merritt, Architect, Nov. 16,1937, " such building to have the following minimum set-back requirementssfrom the front line or Boston Post Road 37.2 feet, from rear lot line 5 feet, from westerly side line 115 feet and from easterly side line 120 feet. 2lessrs . Harry Pierce, Charles Fisher and 'Nilliam Bates, all residing at Plymouth Road, Town of Mamaroneck, appeared before the Board to inquire as to what could be done to remedy the con- dition of the ramp leading up to their property on Plymouth Road. Councilman -1dandeville reported. that the ramp had been inspected. and that the re-surfacing suggested by 'the same gentlemen at a previous meeting would cause a :gorse condition than now exists. W I,Ire Pierce suggested that the ramp be re-constructed so as to include ste-os and landings. Councilman Mandeville stated that this work would cost approxiraately `1,000 and that it could not be done this year, as there was no item in the budget to take care of it . He suggested that it may be inclu.d.ed in next year' s budget. He added that the work already done at Plymouth Road was all that could be a-rran.7ed out of the 1938 budget, Mr. Nilliam Pates asked if something could be done about destroying the large amount of poison ivy along the ramp. He was assured that the highway department would take care of this work. Councilman Bates reported that it would require about two weeks to complete the work on the storm water drain on Forest Avenue . He reported that a large drain running across the rear of the fire house property I.Vas in need of repair, Councilman Griffin stated that there was no report for the park department, but that he mould like to inquire as to what would be done with the property south of the intersection of Palmer Avenue and 'Weaver Street . Supervisor McCulloch advised that this property is privately owned and leased by the Town for quarry purposes . Councilman Griffin presented the monthly statement of obligations incurred for home relief for the month of May, 1938. The report was ordered filed. He reported that the number of cases are decreasing in the Town of Mamaroneck whereas a number of the manufacturing centers have seen a. considerable increase due to unemployment . He reported that the new lan of having a supervising physician in charge of medical relief is working out very well. He said that he would, give a. more detailed report at a later meeting. Councilman !VNinr_iss presented the following financial -reports; (1) State/oT Estimated Revenues from January 1 to I'dIay 31, 1938; (2) Summary of Receipts and Disbursements from January 1 to May 31, 1938; ( 3) Statement of Budget Appropriations and Expendi- tures as of May 31, 1938. The reports were ordered filed. Councilman -neginniss reported that the fire hydrant near 54 I—,Trtle Boulevard was on highway property. The matter was re- ferred to Ton E'ng.ineer Foote . He reported that he had attended a meeting held by volunteer and paid firemen of the Town of 4,''iamaroneck. He stated that he had. discussed the New York State Employees' Retirement System with the paid men of the department. Sometime ago the-,T did not favor -the plan but now they are in favor of it . 11r. Meginniss reported that he was making a complete study of the plan. He stated that the Village of Larchmont had adopted the plan. Councilman Bates reported that the Town of Scarsdale had also adopted the plan. Supervisor. McCulloch informed the Board that the x;150, 000 ta_z revenue note had_ been paid. in advance of the due date, thereby effecting a saving of interest money. This interest would_ be applied with other money against the X1100,000 tax revenue note 'falling due July 1, 1938. He stated that the Town has approximately $45,000 in the bank against this note and that the collections during the balance of the month should swell the amount to a-,oroximately 1;50,000, He said that it was necessary to borrow only 50,000 to pay off the balance of this note . He pointed out that earlier in the year he had expected it would be necessary to borrow a much larger amount to care for the notes. Supervisor McCulloch stated that he would like to suggest that the Town Board meet only once a month during, the months of July, August and September. Following some d; scussion it was upon motion by Councilman Bates, :seconded by Councilman Griffin, unanimously RESOLVED, that the Town Board shall hold one regular meeting the first Wednesday of each of the following months: July, August and September, at the Town Offices at the usual time . Councilman Meginniss recommended that the Town Offices close at 4: 00 P. M. on week days and at 12:00 noon on Saturdays during the months of July and August . Following some discussion the Board agreed to approve the plan offered by lE1r. Plleginniss . The Town Clerk read a letter dated June 9, 1938, received. from Emil Zvirin of Boehm u: Company, in vtl7hich he made application to the Town Board for permission to pay certain tax arrears at the rate of 6 -_per cent interest . The Board discussed the matter at length and denied the application. Town Attorney Delius stated that it would. be in order for the Board to authorize the issuance of 60,000 Tax Lien Certi- ficates of Indebtedness. Councilman Megirniss introduced the following resolution: RESOLUTION AU^1HORIZING THE ISS?JANCE CF NOT EICEEDING ,° 601000 TAB LIEN CERTIFICATES OF INDEBTEDITESSS OF THE TO-AiN OF 11AMARONECK, NE`,V YORK. REESOLv.ED BY THIN T0WN BOARD OF THE TO"AM OF P A fARONRCK, IN TEE COUNTY OF VESTCI1ESTER, 7E'd_11 YORK, as follows: Section 1. For the purposes authorized by law, the Supervisor is hereby authorized to borrow an amount not exceeding x':60,000 and to issue a Certificate, or Certi- ficates, of Indebtedness of the Toam therefor against transfers of tax liens owned by the Town not otherwise pledged, pursuant to the iVestchester County Tax Law, constituting Chapter 105 of the Laws of 1916, as amended. Each of said Certificates of Indebtedness shall be designated "Tax Lien Certificate of Indebtedness". Section 2. It is hereby determined and declared: (a) The total amount of transfers of tax liens owned by the Town, covering tax liens included in tax sales held prior to Pay, 1938, not yet redeemed, is. . . . . . .$270,850. 44 (b) The total amount of transfers of tax liens bid in or purchased by the Supervisor or. behalf of the Town at the last tax sale, held in May, 1938, not yet redeemed is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75,186. 95 ( c) The total amount of Tax Lien Certificates of Indebtedness heretofore issued and outstanding against said transfers of tax liens, or any portion — thereof, is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . None (d) The total amount of said. transfers of tax liens otherwise pledged in any manner, is. . . . . . . . . . . None (e) The total amount of Certificates of Indebted- ness heretofore issued. and outstanding in antici- pation of the collection of taxes for the non- payment of which properties were included in said tax sales, is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,000. 00 T WK (f) All of the Certificates of Indebtedness referred to in section (e ) hereof will be paid from taxes, collected since the issuance of said obligations and from the proceeds of the 'Tax Lien Certificates of Indebtedness authorized herein® Section 3. The following matters in connection with said Certificates of Indebtedness are hereby determined- Date; July 1, 1938 Maturity: July 1, 1939 Denomination- 1$10, 000 each ii umbers; T. L. ;�2 to 6 inc. Interest rate: 3/4 of 1% per annum, payable at maturity. Form, As determined by _resolution adopted- March 3, 1937. The Supervisor is hereby authorized to determine all matters in connection therewith not determined by this or subsequent resolution and his signature upon said Certificates shall be conclusive as to such determinations. Said Certificates of Indebtedness shall be signed_ by the Supervisor and countersigned by the Town Clerk_ and- shall have the corporate seal affixed thereto . The Supervisor is hereby authorized and. directed to sell said Certificates at private sale at not less than par, ,without advertisement or public bidding, and to deliver the same to the pur- chaser upon receipt of the purchase price, plus accrued_ interest from the date of the Certificates to the date of delivery. Section 4. Any instrument issued pursuant to this resolution shall be a general obligation of the Town and the faith and credit of the Town are hereby pledged to the punctual payment of the prin- cipal of and interest on said- obligations, and -unless otherwise paid or _oayment provided for, an amount sufficient for such payment shall be inserted in the annual estimate and a tax sufficient to provide for the payment thereof shall be levied upon all the taxable property in the Town. On motion of 'vir. Meginniss, seconded by Mr. Bates, the foregoing resolution was adopted by the following vote : AYES- Supervisor Councilmen NOES- None Ec0ulloch Bates , Griffin, Me.-i nniss iviande vi 11 e, Town Attorney Delius reported that icir. Foote had assisted him in making the many changes as suggested by members of the Board and. the oluzmbers who attended the public hearing. On motion_ by Councilman Bates seconded by Councilman Mar_d_eville, it was unanimously RESOL'oED, VWREAS a public hearing was heretofore held on the 18th of May, 1938, for the purpose of considering the enactment of a Plumbing Code or Ordinances, for the Town of 'Mamaroneck, outside of incorporated Villages, as provided. in Article 9 of the Town Law; and ',JE REAS, there has been submitted to this Board, a. Plumbing Code, prepared by the Town Attorney, pur- suant to the provisions of Chapter 634 of the Laws of 1932, as amended, known as the Town Law; Nir. TMeginniss further reported that resolutions had been adopted by the Fire Council at the same meeting, which he personally attended together with the Town Attorney, limiting the use of the Rook and Ladder Truck No. 1 and Engine o. 1 in the following manner o. That neither the Hook and Ladder Truck nor the Pumper should be driven at a rate of speed in excess of twenty miles per hour and that no volunteer firemen should ride either on the Hook and Ladder Truck or the Pumper going to or returning from fires, the operation of such apparatus being confined to paid drivers. After discussion and upon motion made by Councilman IVIeginniss, seconded by Councilman Griffin, it was unanimously SOLVE➢, that the action of the Fire Council in limiting the use of Rook and Ladder Truck loo. 1 and Engine !Mc . 1 as contained in their resolution adopted June 13, 1939, is approved by this Board; and be it FURT.HE P. RESOLVED, that this Board of Fire Commissioners '_Hereby instruct the Fire Council to purchase ladders necessary to replace all ladders now in use, which they consider unsafe, with a recommendation that the ladders so purchased shall be of a type or design which are available for use in connection with an aerial ladder truck in the future . After further discussion the i3oard postponed action on the request of the Fire Council for a new referendum, until the next regular meeting of the Board. At 3:15 P. M. the Board unanimously resolved to adjourn.