Loading...
HomeMy WebLinkAbout1939_07_12 Town Board Minutes a REGULAR MEETING OF THE TOWN BOARD TOWN OF MAivIARONECK, NEB YORK HELD JULY 12, 1939 At the Town Offices, 158 'Jest Boston Post Road, iJiamaroneck, Iv . Y. The meeting was called to order by Supervisor McCulloch at 8 P . 1:. Present: Supervisor i44cCulloch Councilmen Bates, Griffin, Mandeville, Iaieginniss Absent: None The presence was also noted of Town Clerk Payne, Town Attorney Delius, Comptroller Luceno and Town. Engineer Foote . The following members of the Z present : A. Stirling Smith, Chairman; A. Raynor and Charles F. pink. The minutes of the meetings of ing) , June 7, June 13, June 15 and June presented. :)ning Board of Appeals were Frederick G. Smith; Orson P+iay 20, June 6 {Public Hear- 2b, 1939, were approved as The Supervisor suggested that before proceeding with the con- ference between the Town Board, the Zoning Board of Appeals and others, it might be well to hear those who had some other matter to place be- fore the Board. Mr. Albert Ritchie, attorney, appeared and asked if the appli- cation of Yonkers Bus, Inc. would be considered by the Board at this - meeting. The Supervisor advised. ivir. Ritchie that the Town Board had - adopted a resolution on June 7, 1939, denying the application of Yonkers Bus, Inc. He asked the Town Clerk if a new application had been filed. The Town Clerk reported that no application had been received since the date mentioned. Town Attorney Delius reported that Yonkers Bus, Inc. had given notice of filing a petition with the Public Service Commission of the State of New York in the matter of Yonkers Bus, Inc. for a certificate of public convenience and necessity for the extension and operation of a motor bus "line on and. along certain streets in the City of blew Rochelle , Town of Mamaroneck, Village of Larchmont, Village of Scarsdale and City o_' 'vdhite Plains . iv.r. Delius explained that it would be necessary for the Town Board to file objections with the Public Service Commission within thirty days from the date on which the notice had been received. He stated that he had planned to place the matter before the Board later in the meeting. !!'Ir. Ritchie stated that he represented certain property owners along the proposed route . He urged that the Board file ob- jections with the Public. Service Commission. The members of the Board assured m,'r. Ritchie that they would take action on the matter later during the meeting. The Supervisor asked if there was any one else who wished to speak on tine subject . mr. A. Stirling Smith stated that he objected to the pro- posed route. Mr. E. R. Van Sickle appeared and presented a petition signed by a large number of property owners along kurray Avenue and 'Weaver Street. The Town Attorney stated that he had been handed a certified copy . of a resolution adopted June 26, 1939, by the Board of Education of Union Free School District No. 1, protesting the proposed route of the bus line . Councilman ivieginniss inquired as to whether or not the origi- nal or a copy of the petition signed by the property owners had been filea with the Public Service Commission. fur. Van Sickle replied tnat the owners nad not presented same to the Commission. iqr. Meginniss read the resolution adopted by the Town Board on June 7, 1939. He suggested that the petition be filed with the Commission. Mr. Van Sickle stated that the property owners would like to request that Town Attorney Delius appear at the hearing and re- present therm as well as the Town Board. The Supervisor advised that the Town Board had held a hear- ing on the original application and that upon the request of the citizens, the Board had denied the application of the bus company. A second application was filed during March, 1939. The Town Board after careful consideration denied the application on June 7, 1939, and certified copies of the resolutions were placed on record with the Public Service Commission. He stated that the Board would be glad to accept any data which would assist the Town Attorney and advised that the Board would follow through by taking action later during the meeting. He asked if' there wereany further comments on the question -- concerning the proposed bus route . There being none, he then asked if there was any one else wino wished to address the Board. Piers . Esther Hawthorne appeared and stated that the people of the 'West End Section were anxious to have certain roads repaired. Councilman Mandeville pointed out that most of the roads in the '1Vest End Section are in the village of Larchmont . Town Engineer Foote advised that the village of Larchmont had. filed a W. P. A. project for the repair of several roads in that part of the village . The Supervisor suggested that Councilman viand-evil-le and Town Engineer Foote contact the village officials and advise Mrs. Hawthorne . The Supervisor asked if there was any one else who wished to address the Board. There being no one, ne suggested that if there was no ob- jection, the Board would proceed to confer with the members of the Zoning Board of Appeals and others . interested in zoning. The Town Clerk presented copies of the record of the public hearing field June 6, 1939; also petitions received from Burmont Realty Corporation„ Johnethel Realty Corporation ano property owners in the vicinity of Lafayette Road. Ar. A. Stirling Smitn suggested that the Board proceea to consider the comments on the proposed change in the zoning along the Boston Post Road. Dr. Edward 1:, !,dead, owner of a large parcel of lance front- ing on the Boston Post Road, appeared and stated reasons wny ne I avored the present classification known as "F" and requested that no c'siange be made which would affect his property. Following a lengthy discussion during which the members of the Board pointed out reasons why it was necessary to eliminate the classification known as "F". Dr. is:ead stated that he would. leave the matter with. the members of the Board. Chairman Smith suggested that the Town Board consider the proposed changes to the zoning along Palmer Avenue . He explained that the property from the village of Mamaroneck line to 'Weaver Street between the railroad and Palmer Avenue was at the present time divided into three different classes . He reviewed. the work of the members of the Zoning Board in this connection and read the recommendations submitted at the public hearing. r. J. Henry Esser, attorney, representing the Burmont Realty Corporation, a_opeared and stated that the property owned by his client was within the area. mentioned. as requested that the Board leave the zoning on that particular parcel as it is. Following some discussion, the Board proceeded to consider the proposed changes near Lester- Place and the dew Rochelle line. They held a lengthy discussion upon the proposed changes along Aadison Avenue and the section north of the destchester County right-of-way. The conaments of residents north of the parkway land were considered and after a general discussion it was agreed by all that the entire matter concerning the proposed changes be referred back to the Zoning Board of Appeals for further study. Following the conference the Board resumed the regular order of business. Councilman I'c[andeville reported that the highways were in good condition. Councilman Bates reported that the Sewer Department was doing some repair work on P3urray Avenue . Cou_cilman Griffin stated that there was nothing to report for the Park Department other than that the usual work was being carried out. Mr. Griffin presented the regular monthly statements of the Public Welfare Department of the town for the month of June, 1939 and compared same with the report for the same month in 1938 . He pointed out that the case load for Tine , 1969 was 283 a.s against 326 in June, 1938: that the total relief expended was X10,065.34 in June, 1939 and' wi12,714.22 in June, 1938; that the medical ex- penditures were w718.84 in June , 1939 and $1,002.16 in June, 1938; and that the average cost per individual per case day was 9 .302 in June , 1939 and $. 320 in June, 1938. Councilman Griffin presented a petition dated June 12, 1939, received from the Assessor for the correction of the assess- ment roll so as to nermit the apportionment of taxes. On motion by Councilman Griffin, seconded by Councilman Bates, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented a petition dated June 12, 19395 for 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 Westchester County Tax Act; and V"VPEREAS, after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll; R-1 NOW, THEREFORE, 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 Imp. Total 8 81 5 to 7 Charles P . Caputo $ 39750 $2, 000 $59750 be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33: Section Block Lot Owner Land Impe Total 8 81 5 Charles P. Caputo $ 1,250 $2, 000 $3,250 8 81 51 7 Charles P . Caputo 2,500 21500 Councilman Itieginniss presented the following financial state- ments for the period January 1 to June 309 1939: (1 ) Statement of Budget Appropriations and Expenditures: (2) Statement of Estimated Revenues„ (3) Summary of Receipts and Disbursements. He presented the supplement to the annual report filed by the town' s auditors, Glick-Freedman,and recommended that the Comp- troller carry out the suggestions contained therein. On motion by Councilman Meginniss, seconded by Councilman mandeville, it was upon roll call, unanimously RESOLVED, WHEREAS, there are certain unencumbered balances and over-expenditures in the 1938 budgets and WHEREAS, the Comptroller has requested the follow- ing transfers within the 1938 budget to adjust accounts to the end of the calendar year 1938; NOW, THEREFORE, BE IT RESOLVED, that the Comptroller and the Supervisor be and they hereby are directed to make the follow- ing transfers within the 1938 budget as of December 31, 1938; TRANSFERS FROM OTHER APPROPRIATION ACCOUNTS GENERAL T OVEN From: Debit Credit Assessor - Certiorari 190.23 To: Town Offices $86 ,37 Department of Law 3.86 $90.23 490.23 The Town Clerk submitted a budget for the year 1939-1940 of the Board of Trustees of Union Free School District too. 1 and a re- solution levying the taxes for said budget . The Supervisor stated that in view of a decision rendered by Mr. Justice Patterson of the Supreme Court, there was doubt as to the validity of this budget, particularly because the School Board had announced a new election or special meeting upon the budget . After discussion the matter was left to the Supervisor and the Town Attorney to confer with the School Board, and it was upon motion of Councilman Bates, seconded by Councilman Griffin, RESOLVED, that when a budget is legally adopted by the Trustees of Union Free School District ,io. 1 of the Town of iviamaroneck for the year 1939-1940 and levy of taxes therefor legally made by said Board of Trustees ana a warrant issued by the Supervisor pur- suant to Section 26 of the Westchester County Tax Act, (a) the for such school directed tax bill.. for taxpayer Town where the address is known to him and to all other persons or corporations whether resident or non-resident w4,Qthaovne eh'�ch%sC� ice a1 as rovided in oant ia. A 't �Che eeeiver o i�axes shal-f cause notice of the re- ception of the warrant and the collection of such school taxes to be published in The Daily Times of Mamaroneck, the official newspaper, as required by Section 26 of the 'Westchester County Tax Act; FTJRTPTR RESOLVED, that pursuant to Section 96A of Chapter 62 of the Laws of 1909 as amended, the Town Board of the Town of Liamaroneck does hereby authorize and empower the Receiver of Taxes of the Town of Mama- roneck to collect the 1939 school taxes for Union Free Scnool District ivo. 1 in the Town of iviamaroneck, which, under the provisions of Chapter 105 of the Laws of 1916, as amended, known as the testchester County Tax Law, become a lien and are payable on September first, 1939, in two partial payments each amounting to fifty per cent (500%) of any such school tax as levied; FURTHER RESOLVED, that the Receiver of Taxes of the Town of Mamaroneck is authorized and empowered to receive the payment of such partial payments or instal- ments of the 1939 school taxes for Union Free School District No . 1 in the Town of iviamaroneck at any time but subject to the same penalties as are specified and pro- vided in Section 16 of Chapter 105 of the Laws of 1916 for the neglect to pay the total amount of the school taxes after the levy thereof; FURTHER RESOLVED, that the acceptance of any such partial or instalment payment of the 1939 school taxes for Union Free School District iVo. 1 in the Town of Mamaroneck shall not be deemed, to affect in any mariner any right of the Town of iviamaroneck under any general or special Act, to enforce collection of the unpaid balances of such taxes as may remain due and owing to said Town, but such rights and powers shall remain in full force and effect to enforce collection of the unpaid balance of such school taxes, together with interest, penalties and other lawful charges. The following reports were received and filed; (1 ) Report of the Receiver of Taxes for the month of June ; (2) Report of the Receiver of Taxes of unpaid state, county, town and district taxes as of June 30, 1939; (3) Report of the Plumbing Inspector for the month of June; (4) Report of the Building Inspector for the month of June ; (5) Reports of the Town Clerk for the months of iviay and June; (6 ) Report of iviamaroneck Health Center for the months of Iday and June ; and (7 ) Report of the County of vestchester Department of Health for the month of I`fay. The Town Clerk read a letter dated July 7, 1939, received from Henry E. Mlendes, Chairman of the Traffic Committee of the Town - of tamaroneck, advising that the Traffic Committee had been enlarged by the addition of two members, Messrs. R. C . Beck and G. Y. Fenton. The Board approved of the action of the committee and complimented them upon the selection of the two gentlemen mentioned. The Town Clerk_ read a letter dated June 21, 1939, received from Donald iaacaulay, a resident of the unincorporated section, expressing his appreciation for the co-operation of the Police De- partment in an emergency. He said that `the polite and intelligent service rendered by the department makes one quite proud of the town. " The Board instructed the Town Clerk to send copies of the letter to the Board of Police Commissioners and the Chief of Police and also to express to them the appreciation of the members of the 'Board. The Town Clerk read a letter dated July 6, 1939, received from F. G. Van Sciver, Clerk to the Board of Education of Union Free School District ivo. 1, notifying the Town Board, in accordance with the provisions of Section 250 of the Education Law, that the follow- ing officers were elected or appointed for the school year 1939-1940 at the Annual Meeting of the Board of Education held July 5, 1939; Pjilliam S. H. Hamilton, President 65 Edgewood. Avenue `— Larchmont . 1QetAr York Kenneth G. Van Sciver, Clerk 15 Vand.erburgh Avenue Larchmont, New York Cecil 'i% Borton, Treasurer 10 Woody Lane Larchmont, New York The Town Clerk presented a letter dated June 6, 1939, re- ceived from R. H. Goffe , Jr. of GoffeL Griswold, insurance brokers, concerning workmen' s compensation insurance for town employees® The Board decided to lay the matter over for consideration at a later meeting. Councilman Bates introduced the following resolution: RESOLUTION APPROPRIATING THE SU1.2 OF 66, 062. TO PAY A PORTION OF THE COST OF PUBLIC IMPROVEMENT WORK RELIEF PROJECTS IN TEE TOWN AND AUTHORIZING THE ISSUANCE OF $',6,062. BONDS OF THE TOZNN OF MAMARONECK FOR SAID PURPOSEn Section 1. The sum of X6, 062. is hereby appropriated to pay the portion to be borne by the Town of public im- provement work relief projects in the Town undertaken through or by the authority of the Works Progress Admini- stration of the federal government, or other work relief authority of the federal government, including the cost of furnishing labor, materials, supplies and equipment for such projects and incidental expenses in connection there- with, the said public improvement work relief projects to include only projects having a period of probable useful- ness of at least ten ( 10) years, computed from July 15, 1939, the date of the first indebtedness, whether tempor- ary or permanent , incurred to finance any portion of the cost thereof. Section 2. To meet said appropriation, bonds of the Town in an aggregate principal amount not exceeding 66, 062. shall be issued. Section 3. Said bonds shall be dated July 15, 1940, shall mature $1,062 on July 15, 1941 and 61,000 on July 15, in each of the years 1942 to 1946, both inclusive, shall be numbered, shall be in such form and of such denomination, shall bear interest at such rate, not exceeding six per centum (616) per annum, payable semi-annually, shall be pay- able at such place or places in such specie or other cur- rency and shall be sold at public sale in such manner and on such terms but for not less than their par value as shall hereafter be determined by subsequent resolution or resolutions of this Board. Section 4. The faith and credit of said Town shall be and are hereby pledged for the payment of the principal of and interest on said bonds and a tax shall be levied annu- ally on all of the taxable property in said Town in an amount sufficient to pay the principal of and interest on said bonds as the same shall become due . M Section 5. This resolution shall take effect imme diately. The foregoing resolution was seconded by Councilman Griffin and was adopted by the following vote: AYES: Supervisor ucCulloch Councilmen Bates, Griffin, m-andeville, illeginniss NOES: None Councilman Bates introduced the following preamble and resolution: -INE';REAS, a resolution entitled: "Resolution appropriating the sum of $6, 062. to pay a portion of the cost of public improvement work relief projects in the Town and authori- zing the issuance of ;!6, 062. bonds of the Town of Idamaro- neck for said purpose", adopted July 12, 1939, has become effective . Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TONN OF iAIAAROIIECK, TN THE COUNTY OF WESTCHESTER, NEVI YORK, as follows: Section 1 . For the purpose of temporarily financing the cost of permanent improvements provided for in said resolutions in anticipation of the issuance of bonds, the Supervisor' is hereby authorized to issue a temporary note of the Town of Plamaroneck in an aggregate principal amount not exceeding ."x:6, 062. , pursuant to Chapter 782 of the Laws of 1933 of the State of New York, as amended. Said note shall be designated e14orks Project Note". Section 2. The following matters in connection with said note are hereby determined: Date: July 15, 1939 Maturity: July 15, 1940 -- Denomination: c6, 062. Number: HIV . Y. A. #15 Form: Substantially in accordance with resolution adopted December 2, 1936. Place of payment: First national Bank of ILount Vernon, .;'fount Vernon 1,,ew York The Supervisor is hereby authorized to determine all matters in connection with said note, the deterrnination of which is not provided for by this or subsequent resolutions, and, his signature upon said note shall be conclusive as to such determinations. Said note shall be signed by the Super- visor, shall have the corporate sea! of the Town affixed thereto and attested by the To,svn Clerk. The Supervisor is hereby authorized to sell said note at public or private sale at not less than par- at the best interest rate ob- tainable, not exceeding six per centum (S/M per an_Z-zra, and to deliver same to the purchaser upon receipt Df the pur- chase price, plus accrued interest from the date of the note to the date of delivery. Section 3. Any instrument issued pursuant to this resolution shall be a general obligation of the Town of ,iamaroneck, and. the faith and credit of the Town are hereby pledged to the punctual payment of the principal of and — interest on. said obligation, and unless otherwise paid or payment provided for, a tax sufficient to provide for the payment thereof shall be levied and collected. Section 4. This resolution shall take effect immediately. On motion of Councilman Bates , seconded by Councilr,2an Griffin, the foregoing resolution vras adopted by the following vote : M AYES: Supervisor LcCulloch Councilmen Bates, Griffin, IDiandeville , ileginniss NOES: Pone The Town Attorney submitted- a letter from Lindine w Fiore, Inc. , stating that the corporation had been dissolved and that they desired to have the blasting permit and bond upon which the Fidelity and Casualty Company of 1vew York is surety, which was executed De- cember 2nd, 1938 in the sum of 4,y10,000, cancelled. The Toren Attorney stated that he saw no objection to doing so and upon motion made by Councilman itiandeville , seconded by Council- man Bates, it was RESOLVED that the blasting permit heretofore granted to Lindine & Fiore, Inc . , on or about December 2nd, 1938, for a period of one year, be cancelled as of this date and that the bond furnished by the Fidelity and Casualty Company of 1?e n; York be cancelled as to any liability subsequent to this date . The Town Attorney stated that he recommended the settlement of the certiorari proceeding instituted by ADA R. BROOKS and LILLIAN F . VAI=RPOEL, to review the assessment upon a parcel of property in the Town of iv.amaroneck known as Section 2, Block 41, Lot 3B, 4, 5 , and 6A on the basis of a reduction in the assessment from 9;14, 500 to :" 13, 000 for the year 1938. Upon motion made by Councilman Mandeville, and seconded by Councilman Bates, the following resolution was adopted: WILREAS, heretofore and on or about the 26th day -- of September, 1938, a writ of certiorari was ob- tained by Ada R. Brooks and Lillian F. Vanderpoel, owners of Section 2 , Block 41, Lots 3B, 4, 5 and 6A, to review the assessments upon the premises owned by them; and vIEREAS, a return to such writ was duly filed by the Assessor and Board of Review on or about the 15th day of November, 1938, and no further pro- ceedings have been taken; and 0,TIEREAS' the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessments from 914, 500 to 013, 000a NOtiu, THEREFORE, BE rT RESOLVED that the assessment for the year 1938 upon Droperty knov^rn as Section 2 , Block 41, Lots 3B, 4, b and 6A, assessed for ; 14,500 be reduced to 13, 000 provided the certiorari _proceeding now pending in the names of Ada R. Brooks and Lillian F. Vanderpoel be discontinued without costs. -- FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lation to obtain an order to the Supreme Court pro- - viding for such reduction and refund of any excess taxes paid. The Town Attorney stated that he recommended the settlement of the certiorari proceeding instituted by GEORGE "N. SBELDON to review the assessment upon a parcel of property in the Village of Larch-mont , known as Section 7, Block 42, Lot 1B and Section 7, Block 42A, Lot 41A on the basis of a reduction in the assessment from ti$6, 000 to ' 4' 000 for the year 1938 . Upon motion made by Councilman i!'iandeville, seconded by Councilman Bates, the following resolution was adopted r e . 3' WHEREAS, heretofore and on or about the 30th day of September, 1938, a writ of certiorari was obtained by George N. Sheldon,, owner of Section 7, Block 42, Lot 1B and Section 7, Block 42A, Lot 4A, to review the assessments upon the premises owned by him, and other parcels; and WHEREAS, a return to such writ was duly filed by the Assessor and Board of Review on or about the 15th day of November, 1938, and no further proceedings have been taken; and WHERFAS, the Town Attorney and Assessor 'recommend to this Board that the proceedings be settled and dis- continued upon the reduction of the assessment from X65000 to 44, 000; as to Section 7, Block 42, Lot 1B and Section 7, Block 42A, Lot 4A; NO',V, THEREFORE, BE IT RESOLVED, that the assessment for the year 1938 upon property known as Section 7, Block 42, Lot 1B and Section 7, Block 42A, Lot 4A, assessed for $6,000 be reduced to X4, 000 provided the certiorari proceeding now pending in the name of George Vi. Sheldon, covering Section 7, Block 35, Lot 25A; Section 7, Block 41, Lotsll to 13 and 21 to 23; and Section 7, Block 42, Lot 1B; Section 7, Block 42A, Lot 4A, be dis- continued without costs. FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lation to obtain an order of the Supreme Court providing for such reduction and refund of any excess taxes paid. Town Attorney Delius reported that he had replied to the letter dated Piiay 15, 1939, received from Edward D. Loughman, Receiver of the Larchmont National Bank and Trust Company, which letter had been referred to mr. Delius at the Town Board meeting held June 7 , 1939. Mr. Delius reviewed the entire question concerning the ap- plication of Yonkers Bus, Inc. and asked the members of the Board their wishes in the matter. Following a lengthy discussion, Councilman ivieginniss moved and Councilman Iiandeville seconded the following resolution: RESOLVED, that the Town Attorney be instructed to appear before the Public Service Commission and that he and the Supervisor certify to the Public Service Commission, as required by the Public Ser- vice Corporations Law, the objections of the Town Board to the proposed route of Yonkers Bus, Inc. and the reasons why permission was refused by this Board to Yonkers Bus, Inc. for the operation of such route . The foregoing resolution was adopted by the following vote: AYES: Supervisor iMcCulloch Councilmen Bates , Griffin, liandeville , Ivleginniss NOES: None The Supervisor suggested that with the consent of the Board he would arrange a conference with f,2ayor Goeckler of Larchmont concerning the construction of a retaining wall at the incinerator site . Following some discussion the Board agreed that the Supervisor should. arrange for the meeting and express the wishes of the Board in the matter. At 10° 45 F. A. the Board unanimously resolved to adjourn.