HomeMy WebLinkAbout1939_08_02 Town Board Minutes REGULAR PiEETING OF THE TOWN BOARD
TOWN OF NiANAROI'iECI_, NEW YORK
HELD AUGUST 2, 1939
At the Town Offices, 158 'Vest Boston Post Road, Mamaroneck, N. Y.
The meeting was called to order by Supervisor uicCulloch at
8: 00 P. M.
Present: Supervisor itcCulloch
Councilmen Bates, Griffin, l, andeville , Meginniss
Absent : None
The presence was also noted of Deputy Town Clerk Alice E.
Wheelock, Town Attorney Delius, Town Engineer Foote and Assessor
Smith.
Town Attorney Delius recommended that the Board adopt a
resolution authorizing the 6Vestchester Joint ''Mater Works No. 1 to
act as the agent of the Town of Mamaroneck in the management and
operation of the water distribution in the unincorporated section
of the town.
Councilman I,landeville moved and Councilman Bates seconded
the following resolution:
uV11EREAS, it is provided by Chapter 654 of the Laws
of 1927 as amended by Chapter 885 of the Laws of
1937 that the governing boards of the member muni-
cipalities of the Westchester Joint Water 'sVorks ,#1 .
may by resolution or by contract constitute and
appoint the joint water works the agent of the member
municipalities to manage and operate the local water
supply systems within each municipality as therein
provided and
'JVh7FREAS for the sake of economy and efficiency it is
desirable that the Westchester Joint tuater `,Norks #1
be constituted such agent of the member municipalities,
as permitted by law,
NOR, THEREFORE, BE IT RESOLVED, That the -Westchester
Joint ''Mater Works #1 be and it hereby is constituted
and appointed the agent of the Town of I-dIamaronecli to
manage and operate the local water supply system of
such joint water works within said municipality, to
bill and collect water rents and charges for it and
pay over the same to it from time to time upon demand
after deduction therefrom of all sums lawfully due to
the joint water works from said municipality including
the cost of such management and operation as agent as
provided by law with power and authority as such agent
as follows:
FIRST: To maintain and operate said local distribu-
tion system including the making of ordinary repairs.
SECOND.- To supply and sell water to consumers in
accordance with rates heretofore or hereafter fixed.
by this board and strictly in accordance with the rules
and regulations pertaining to the said water works as
heretofore or hereafter adopted by the member munici-
palities and the Board of Trustees of said water works .
TI3IRD. To bill, collect, demand, receive and sue for
water rents and charges now due or hereafter to become
due and in this connection to snut of the supply of
water to any consumer for non-payment of such water
rents or charges or any infraction or violation of the
riles and regulations as therein provided..
FOURTH: To perform such other acts as may be necessary
to operate ana maintain the water supply reserving never-
theless unto this board the power to fix water rates,
penalties and charges, to determine upon and proviae for
the making of any improvements, additions or extensions
to said local aistribution system and the right to revoke ,
alter or amend the agency powers hereby given at any time ,
and
IT IS FURTHER RESOLVED that this resolution shall take
effect upon the adoption of a like resolution by the
governing boards of all the member municipalities of said
joint water works, the adoption of whic'r, is hereby ap-
proved.
Town Attorney Delius presented and recommended the adoption
of a resolution appropriating E5, 000 for the U. P® A. project for
the construction of drains, streets, sidewalks, and so forth in the
Sound Shore Section of the Village of Larehmont .
Councilman Mandeville introduced the following resolution:
RESOLUTION APPROPRIATING THE SUM OF 66, 000 TO PAY A
PORTION OF THE COST OF PUBLIC IMPROVEMENT WORK RELIEF
PROJECTS IN TIC' TOWN AND AUTHORIZING THE ISSUAICE OF
151000 BONDS OF TIM, TOWN OF Pl&ARONECK FOR SAID PURPOSE .
RESOLVED BY THE TOWN BOARD OF THE 'TO`rvN OF 1V1A1,VARObiECK,
IN THE COUNTY OF WES,TCHESTER, NEE YORK, as follows .
Section 1. The sum of X55000. is hereby appropriated
to pay the portion to be borne by the 'Sown of public im-
provement work relief projects in the Town undertaken
through or by the authority of the Works Progress Ad-
ministration of the federal government, or other work re-
lief authority of the federal government, including the
cost of furnishing labor, materials, supplies and equip-
ment for such projects and incidental expenses in connec-
tion therewith, the said public improvement work relief
projects to include only projects having a period of pro-
bable usefulness of at least five (5) years, computed from
the date of the first indebtedness, whether temporary 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
: 5, 000. shall be issued.
Section 3. Said bonds shall be dated July 15, 1940,
shall mature in the principal amount of 62, 000 on July 15,
1941, and 11,000 on July 15 in each of the years 1942 to
19441 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 (61) per annum,
payable semi-annually, shall be payable at such place or
places, in such specie or other currency, 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 punctual payment of the
principal of and interest on said bonds, and a tax shall
be levied annually 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.
Section_ 5. This resolution shall take effect
immediately.
On motion of Councilman Mandeville, seconded. by Councilman
Bates, the foregoing resolution was adopted by the following vote :
AYES„ Supervisor ll4cCulloch
Councilmen Bates, Griffin, Mandeville , ldleginniss
NOES: None
Councilman Mandeville introduced the following preamble and
resolution°
)jh EREAS, a resolution entitled: "Resolution appro-
priating the sum of q5, 000. to pay a portion of the
cost of public improvement work relief projects in the
Town ano_ authorizing the issuance of '6 000. bonds of
the Town of i'iamaroneck for said purpose`, adopted
August 2, 1939, has become effective . blow, therefore,
be it
RESOLVED BY THE TOVLV BOARD OF THE TOVVN OF N_AVIARONECK,
IN THE COUNTY OF VGESTCHESTER, NEW YORK, as follows:
Section 1. For the purpose of temporarily financing
the cost of permanent improvements provided for in said
resolution, in anticipation of the issuance of bonds, the
Supervisor is hereby authorized to issue a temporary note
of the Town. of Iamaroneck in an aggregate principal amount
not exceeding $5, 000. , pursuant to Chapter 782 of the Laws
of 1933 of the State of New York, as amended. Said note
shall be designated MGVorks Project Note".
Section 2. The following matters in connection with
said note are hereby determined:
Date : To be determined by the Supervisor
- Maturity: July 15, 1940
Denomination: yb. 000.
Number; -
Form: Substaiitially in accordance with resolution
adopted December 2, 1936.
Place of Payment: To be determined by the Supervisor
The Supervisor is hereby authorized to determine all
matters in connection with said note, the determination
of which is not provided for by this or subsequent re-
solutions, and his signature upon said. note shall be con-
clusive as to such determinations. Said note shall be
si,;ned by the Supervisor, shall have the corporate seal
of the Town affixed thereto and attested by the Town
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 obtainable, not exceeding six per
centum (6%) per annum, and to deliver same to the pur-
chaser upon receipt of the purchase 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
iNlamaroneck, 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 imme-
diately.
On motion of Councilman Mandeville, seconded by Councilman
Bates, the foregoing resolution was adopted by the following vote:
AYES: Supervisor ,'ucCulloch
Councilmen Bates, Griffin, Mandeville , Mleginniss
NOES: None
Supervisor PacCulloch presented a letter dated August 2,
1939, from Town Engineer Foote, giving the estimated cost of 'F,)31. 000
for the grading and paving of Harrison Drive from Iselin Terrace to
Palmer Avenue Extension as a i . P. A. project . The matter was re-
ferred to Councilman i!iandeville for a report as to the feasibility
of authorizing such a 'W. P. A. project.
The Town Attorney stated that he recommended the settlement
of the certiorari proceeding instituted by Robert W. Perkins to re-
view the assessment upon a parcel of property in the Tillage of Larch-
mont known as Section 7, Block 27, Lot 1, on the basis of a reduction
m
in the assessment fro x;47, 000 to P45,750 for the year 1938.
Upon motion made by Councilman Mandeville and seconded by
Councilman Bates, the following resolution was adopted:
WHEREAS, heretofore and on or about the 14th day of
October, 1938, a writ of certiorari was obtained
by Robert W. Perkins, owner of Section 7, Block G7,
Lot 15 to review the assessments upon the premises
owned by him; 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
'"WHEREAS, the Town Attorney and Assessor recommend to
this Board that the proceedings be settled and dis-
continued upon the reduction of the assessment from
$47, 000 to 45,750;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment for the year 1938 upon
property known as Section 7 Block 27, Lot 1, assessed
for °:47 , 000® be reduced to ifh45,750. provided the cer-
tiorari proceeding now pending in the name of Robert
W. Perkins, 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 of 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 William P. Chapman, Jr.
and Stanley D. Brown as sole surviving executors of the Last 'Pill
and Testament of Henry W. Sackett, deceased,to review the assessment
upon a parcel of property in the Town of ijamaroneck known as Section 4,
Block 22, on the basis of a reduction in the assessment from $32,500.
to p22,500. for the year 1938.
Upon motion made by Councilman Mandeville a-rid seconded by
Councilman Bates, the following resolution was adopted;
V"WHEREAS, heretofore and on or about the 14th day
of October, 1938, a writ of certiorari was obtained
by William P . Chaw an, Jr. , etc. as executors of the
Last Will and Testament of Henry W. Sackett, deceased,
owners of Section 4 , Block 22, to review the assess-
ment upon the premises owned by them; and
N EREAS, 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
WHEREAS, the Town Attorney and Assessor recommend to
this Board that the proceedings be settled and dis-
continued upon the reduction of the assessment from
,32,500 to $822,500;
NOVd, ThEREFORE, BE IT
RESOLVED, that the assessment for the year 1938
upon property known as Section 4, Block 22,
assessed for ' 32,500, be reduced to 5622,500. pro-
vided the certiorari proceeding now pending in the
name of 'William P. Chapman, Jr. and Stanley D. Brown
as sole surviving executors of the Last Will and
Testament of Henry 'K. Sackett, deceased, be discon-
tinued without costs.
FURTHER RESOLVED, that the Town Attorney is hereby
authorized and directed to sign the necessary sti-
pulation to obtain an order of the Supreme Court
providing for such reduction and refund of any excess
taxes paid.
The Board suspended the regular order of business in order
to hear those present who wished to address the Board.
Frank L. Gagliardi, attorney, representing the Larcrmlont
Yacht Club addressed the Board concerning the settlement of the
certiorari proceeding instituted by the Larchmont Yacht Club to
review the 1938 assessment on their property on the basis of a re-
duction from 4309, 000 to $¢280, 000,, the 1936 assessed valuation. He
pointed out that there is . "terrific depreciation" on the building
each year and that the land is almost "unsaleable".
Town Attorney Delius stated that in his opinion it would
be difficult to substantiate in court an increase of $29, 000 in the
1938 assessment over the 1937 assessment . Since it has been the
policy of the Town to try to assess property located in the Village
of Larchmont at the same figure as the village , he recommended that
the matter be settled so as to keep the assessment in line with the
Village of Larchmont assessment of $1287, 000.
Supervisor ivicCulloch stated that he would be in favor of
settling the certiorari proceeding on the basis of an assessed
valuation of X287,000 in order that the Town assessment might con-
form to the Village assessment.
Councilman 3viandeville stated that he was in favor of re-
ducing the 1938 assessment to IP280, 000.
Councilman 14eginniss stated that in his opinion the property
was assessed for too little at $309,000 and if the property of the
club were reduced "everybody else' s property in the neighborhood
should be reduced. ". He opposed any reduction in the assessment.
Councilman Griffin stated that if the Board had agreed that
the assessment for 1936 should be ` 280,000, he did not think that
the property was worth any Wore today.
Councilman Mandeville moved and Councilman Bates seconded
the following resolution;
RESOLVED that the Town Attorney be authorized to
settle the certiorari proceeding instituted by the
Larchmont Yacht Ciub to review the 1938 assessment
on its property, at the same figure as the assess-
ment made by the Village of Larchmont , namely,
4?2873000, if that is acceptable to the Larebmont
Yacht Club.
Mr. Gagliardi stated that he would discuss the matter with
the officers of the Larchmont Yacht Club and confer with the Town
Attorney.
The Board thereupon resumed the regular order of business .
Councilman Griffin reported that during the month of July
this year the case load of the Public Welfare Department was 271 as
against 309 in 1938. There were 1117 individuals this year at a
total cost of w>9,743®43 as compared with 1303 individuals last year
at a cost of 1:11,496.36 . The average cost per individual per case
day was exactly the same this year as last, namely, 4.291.
He stated that a number of persons working on V. P . A.
projects had received discharge slips, that there were quite a
number of others eligible for `'N. P. A. who would undouotedly replace
those discharged and that the final result would not be too un-
favorable to the Town.
1,1r. Griffin presented a petition dated August 2 , 1939, re-
ceived from the Assessor for the correction of the assessment roll
so as to permit the apportionment of taxes.
On motion by Councilman Griffin, seconded by Councilman
Bates, the following resolution was unanimously adopted;
VVPEAS, the Assessor has presented a petition dated
August 2, 1939 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 'Xestchester
County Tax Act; and
iVT�REAS after due consideration this Board finds it
desirable to grant said petition for the correction
of said assessment roll;
NO'VI. 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
3 2 )
3 1 2 )
Owner
Land
Im .
Total
Grace DeW. Rollins
X18, 000
�$155000
$ 333000
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33:
Section Block Lot Owner Land
3 1 2B ) Arthur P. Gordon
3 2B )
3 2A 2A Grace De'�,i. Rollins
Imp. Total
4= 8,600 t 165000 k23,600
9,400
9,400
F?TRT?ER 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 41 6 Pdieffert L Co . , Inc. 2, 000 � 25000
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33:
Section Block Lot
6 41 6A
6 41 6B
Owner
Alice lm. English
Meffert E. Co. , Inc.
Land Imp. Total
1,000 4> 1, 000
1, 000 1, 000
Councilman 1�leginniss reported that the Fire Department had
requested bids on replacing the pumper and expecteu to receive them
at the next meeting of the Fire Council which c_e planned to attend.
He said that they had been unable to find any available truck Swhich
the department might rent.
Councilman Mandeville stated that he had made his annual
inspection of street lights and 'had_ found eibhteern broken lights
which the 'uestchester Lighting Company would take care of, and that
two guards had been installed on lights at the station. He reported
that the streets were in good condition.
He suggested that the Supervisor contact the Jew York. dew
Haven & Hartford Railroad Company and urge them to hasten the improve-
ments at the Larchmont Station, mhioh the railroad company had pro-
mised to mane some time ago.
The Supervisor stated that he
k-r. Oviatt, one of the vice-presidents
J Hartford Railroad Company, and that
would be done . He said that he would
concerning the matter.
had had a conference with
of the New York, Neri Haven
he had stated that the work
write to the railroad company
Councilman '_dandeville told the .Board that a policeman had
made the suggestion to him that it would be a great convenience to
persons waiting for buses at the corner of Palmer Avenue and 'VVeaver
Street if a shelter were erected there .
The Board authorized the Supervisor to take the matter up
with the County Transportation Company.
Councilman Bates reported that the work on the Hickory Grove
Drive bridge was progressing slowly.
A letter dated July, 19, 19399 was received from <; rs. Henry
D. Brennan, expressing her appreciation for the engrossed resolution
which the Town Board had sent her and her family in memory of former
Councilman Henry D. Brennan.
An application dated June 13, 1969, was received from
Lulu U. Bayly, 531 Hill Street, V,,amaroneck, for permission to pay
certain tax liens owned by the Town of larnaroneck at the rate of
interest of 6 per cent per annum.
On motion by Councilman Bates, seconded by Councilman
sriffin, it was 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 S.
Block 108, Lot 24, 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 :
Tax
Sale
Amount of
Year
Year
Lien
1925
1926
4.48
1930
1931
6.37
1931
1932
3. 36
The following reports for the month of July, 1939, were
received and filed.: (1) Report of the Building inspector; (2)
Report of the Plumbing Inspector and (3) Report of the Receiver of
Taxes.
The report of the Department of Health of 'Westchester County
for the month of June, 1939, was received and filed.
In regard to the proposed ,joint incinerator the Supervisor
reported that Engineer henry LT. Taylor, after receiving the comments
of the Joint Incineration Commission and the Village and Town engi-
neers and attorneys, is working on the revised specifications and
plans for the incinerator, which will be presented to the Town Board
upon their completion.
He also reported that the Town was digging test pits on part
of the property to be used for a road to the incinerator.
Councilman ivlandeville stated that he thought James Dimando
should be complimented upon the good job he had done with the 9u. P. A.
workers in the construction of "Petigcr" Road.
The Supervisor stated that the Carden (,lub of iviamaroneck is
interested in improving the lot owned by the Town on Mamaroneck Avenue,
but before seeding it, they would like to have the Town erect a picket
fence in front of it in order to prevent trespassing. He said that
Pair. Foote had estimated the cost of erecting such a fence at y45().00.
After discussion the Board agreed to erect a fence on the
property and. directed i;ir. Foote to obtain estimates for a wire fence .
At 9:30 P. INi. the Board unanimously resolved to adjourn
and agreed to hold a special statutory meeting on August lb, 1939,
at 10 A. id. for the purpose of designating polling places for the
fall election.
Deputy Town Clerk