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HomeMy WebLinkAbout1939_11_15 Town Board Minutes 5 P . REGUL-LR CvIEETING OF THE 'TOZ11 BOARD TONN OF MAP: AROivECL, NEd YORr HELD NOVEMBER 15, 1939 At the Town Offices, 15B Xest Boston Post Road., Mamaroneck, E. Y. The meeting was called to order by Sunervisor 1:.cCulloch at Present : Supervisor ri,1cCulloch Councilmen Bates, Griffin, ldleginniss Absent : Councilman iviandeville The presence was also noted of 'Town Clerk Payne, Town Attorney Delius, Assessor Smith, Comptroller Luceno and 'Down Engineer Foote . The Supervisor asked if there was any one present who wished to address the Board. There being no one he requested the Town. Clerk to read the communications. A letter dated 1�ovember S. 1939, was received from the 1Carjaroneck-Larchmont Parent Teacher Council, signed by Hazel R. Aloodbridge, Chairman of the P. T. i1 . Council Safety and Health Coin- inittee . !Firs. 'Moodbrid.ge advised that the Council was sponsoring a Bicycle Safety Campaign and requested that the Town Board assist in carryir_g out the plan. The Supervisor advised the Board that he bad been informed that a meetinv to consider -lie plan would be held at the r.urray Avenue School on Tuesday evening, November 21, 1939. Following some discussion concerning the general ordinances of the Tows;., it was decided to request Town Attorney Delius to attend tle meeting and act as the representative of the Board. A letter dated iuovember S. 1939, was received from Pau- A. Yericic, Chief of Police , concerning the parking problem near the new apartment house development at Richbell Road and Palmer Avenue , He S-1 ated that considerable study was given to the problem before the system of parking on the easterly side of Richbell Road was decided upon and that he believed that the system as arranged was the only method of adequately handling the situation. Supervisor m1cCulloch asked Tom Engineer Foote to advise the Hoard how much time it would require before the road would be in such a condition as to permit parking on the easterly side of the street . lrlr. Foote informed the Board that it would require about two or three weeks ' 'time . Following some ,discussion the Board directed. the Town Clerk to advise Chief Verick that a new arrangement would be required for a te_T,_oorary period only ; also that the garages for the buildings were nearing completion. A letter dated 1lovember 9, 1939, was received from the Howell Park Association, signed by Pvir. G. Y. Fenton, President , advising that at a regular meeting of the association held 1ioven.ber 2, 1939, the following resolution was adopted: "BL IT RESOLVED, that this Association request the Town Board of the Town of idamaroneck to acquire title to the vacant so-called ( Park Plot' at the corner of Pal;reer Avenue and Weaver Street, from the Trustees thereof, it being our understanding that title to this plot can be acquired for a pproxi- "snately Two hundred and twenty-five ( L225. 00) Dollars, over and above the taxes, AND "BE IT ALSO RESOLVED, that immediate steps be taken by the said Board to have this eye-sore cleared up by closing the street between C. C . !. errittts driveway and Weaver Street; top,-soiled and seeded with minimum expense and yet make the plot presentable . " Following some discussion_ the matter was referred to Council- man ivieginaiss and To',5in Attorney Delius for study and to report back —. at one of the meetings to be held to consider the proposed budget for 1940. A letter dated November 14, 1939, was received. from Kent Builders Corporation, requesting the assessor to divide the assess- ment on the roll of a parcel of land shown on the assessment maps into two parts. They also asked for permission to pay certain tax arrears at a reduced rate of interest . The letter was referred to Assessor Smith with the suggestion that he request the writer to appear at the next Board meeting to discuss the matter. The Supervisor informed the members of the Board that he had received a request for a street sign at the corner of Rockiand Avenue and Eton Road. The Board directed Town Engineer Foote to have the Highway Department erect the sign. On motion by Councilman Bates, seconded by Councilman Meginniss, it was unanimously, upon roll call , RESOLVED, that the Supervisor be and he hereby is authorized to sign the following escrow agreement between the County Trust Company and the Toi= of Mamaroneck: TI3IS AGREEAENT, made this 14th day of November, 1939 by and between THE COUNTY TRUST COHPANY, a domestic banking corporation, having its principal place of business at No. 169 �1ain Street, "�hite Plains , Westchester County 1,ety York, party of the first part, and OF MAMAROiECK, a municipal corpora- tion having its principal place of business in the Village of Iv=amaroneck, Westchester County, ;iew York , party of the second part, NITIlZSSETH: WHEREAS the parties hereto entered into a certain agreement dated the 29th day of taiarch, 1936, and WHEREAS paragraph 4 in said agreement provides that the bond or note (or security) deposited thereunder may be withdrawn or substituted or additions made thereto from time to time, NO'IV, THEREFORE, it is agreed between the parties that in place and stead of the X50, 000. United States Treasurer 3/4% Bonds, due June 15, 1944, with December 15, 1939 and s. c.a. - Bonds ivos. 2596, 2592; 45545 45471 6541 and 6542 that the same be withdrawn and the following securities be sub- stituted in place thereof: :" 50,000. United States Treasury Series "B" 1944 1/o Bonds due iviarch 15, 1944 - Bonds Idos. 6432 to 6436 inclusive , with I'varch 15, 1940 and S. C.A. It is further agreed that all other terms and condi- tions of said agreement dated the 29th day of &larch 1935 shall remain in full force and effect. 1910 IN VVITNESS NH RBOF the parties hereto have executed this agreement in duplicate the day and year first above written. Attest: Secretary-Treasurer Witness : THE COUNTY TRUST COliPANY Vice President. TO41V OF MAUARO iECK By Supervisor of the Town of Mamaroneck, Nestchester County, New York . Comptroller Luceno presented a claim in the amount of ; 25.00 received from E'dwara Pratt for services as substitute janitor at the Town Offices during the illness of Samuel Snowery for the period August 30 to October 13, 1939. On motion by Councilman Grif 'in, seconded by Councilman Bates, it was unanimously RESOLVED, that the claim of Edward Pratt in the amount of l?25. 00 for services rendered as sub- situte janitor at the Town Offices for the period August 30th to October 13th, 1939, be and it he is approved and that the Comptroller be authorized to pay this claim out of surplus. The Town Attorney presented the following copy of the final decision of the Board of Police Commissioners in the matter of the charges brought against Fatrolman John Grenan, which was ordered en- tered upon the minutes: POLICE DEPART1,11 NT Town of Mamaroneck, N . Y. ---------------------------------- In the hatter of Charges ) against ) PATROLMAN JOHN GRENAN, ) FI!,AL ORDER SHIELD #107, OF THE POLICE ) DEPART!v,ENT OF TIE T0411 OF ) !viiAi�ARONECK, NE9 YORK. ) --------------------------------- ) Upon reading and filing certain written charges in this matter wherein he is charged with 1. Violation of Regulation #103 of the Rules and Regula- tions of the Police Department of the Town of lvlamaroneck, effective December 30, 1935, reading "NO KE'i+4BER OF THE DEPART- MEET SHALL CONDUCT HItiISELF IN SUCH NJAMNER AS TO BRING DISCREDIT UPON THE DEPARTMENT OR ANY PlLEMBER THEREOF, " and with 2. Violation of Regulation ; 104 of the Rules and Regula- tions of the Police Department of the Town of Mamaroneck, effective December 30, 1935, reading "NO MEMBER OF THE DEPART- NENT SHALL CONDUCT HI-,vTSELF IN SUCH A MANITER AS TO BE UNEECOMIiVG A TdPs' dIB R OF THE DEPART_IVEIVT . " Duly made and preferred in the form and manner prescribed by law and the rules and regulations of the said Police Depart- ment against the said PATROLMAN JOHN GRENAN, a member of the Police Force of saia Torn, it having been duly proved that copies of such charges, together with written notices that the same have been made and preferred against him, the said Me .{� PATROLNIAI JOIff] GRENAN, requiring him to appear and answer thereto at a proper time and place named in said notices, having been duly served upon him,the said PATROL'TKAI1 JOH1\I GRESIAN in the manner required by law and the said rules and regulations, and he the said PATROLIrIAN JOHN GRENAN, having appeared and answered before the Police Commission on the 28th day of October, 1939, and the said charges having been duly brought to a hearing and duly tried, heard, publicly examined and investigated in the manner required by law and the rules and regulations of the said Police Department, and a full opportunity having been afforded to the said PATROLI,IAN JOHN GRENAN to be heard in his defense, and the proofs and allega- tions in relation to said charges having been duly taken and recorded, as required by law and the saia rules and regulations, and the determination of saia charges having been made by the Police Commission, for the Torn of N1ama.roneck, on November 12, 19395 the Police Commission, upon due consideration, adjudges the said PATROLMAN JOHN GRENAN to be GUILTY of the charges and does convict him thereof, and upon such conviction, adjudges and determines that he, the said PATROLMAN JOHN GREvAIV, shall forfeit his salary for a period of twenty days . This forfeit- ure to be taken in four installments beginning on the 15th of November, 1939. November 12, 1939. POLICE COTMi,1ISSIOiv OF TIC' TO"Au OF I;IAlvi.4ROiV E CY. N . Y . Clair V. Johnson, Chai naan. It was also ordered that a copy of the record of the hear- ing before the Board of Police Commissioners on October 28, 1939, be received aria filed in the Town Clerk' s office . Town Attorney Delius reported on the matter concerning the application of Frank Guadagnola for permission to operate buses in the Town along the Boston Post Road in the unincorporated area. He informed the .Board that on December 5, 1938, the Village Board of Larchn"iont denied a permit to idir. Guadagnola to operate on part of the proposed route through Larchmont9 also that on October 24, 1938, the Village of Piamaroneck adopted a resolution approving the application of P,.r . Guadagnola for permission to operate on that part of the pro- posed route through the Village of Mamaroneck. He referred to the letter dated October 10, 1939, received from Thomas lv. Fasso, attorney, for Mr. Guadagnola and stated that he had tried to reach I!1r. Fasso by telephone and was inf'orr,_ed that he was ill. The Supervisor reviewed the entire matter and pointed out that the Board had decided to co-operate with" the two villages, as they would- be affected more so than the town. He suggested that the matter be laid on the table until ivir . Cuadagnola has received the con- sent of the Village of Larchmont. The Board agreed to the suggestion of the Supervisor. Town Attorney Delius reported that he was about to complete negotiations with the Village of Larchmont for the agreement for the rental of certain hydrants in the Horunocks Section of the toirm. He stated that the use of the hydrants would be for fire protection only and that he would be prepared to present the agreement to the Board for consideration at an early meeting. The Supervisor called to the attention of the Board the fact that some communities in [ estcnester County were sending repre- sentatives to the public hearing to be held iovember 17, 1939, before the Public Service Commission on the plan of the iVew York Telephone Company to introduce a new system for the distriuution. of telephone books. He stated that according to information received the company plans to print in addition to the regular Westchester book seven' (7) small sectional books . The subscribers would receive as a reg=ular service the small book and the complete directory would be given to those who particularly asked for tnem. Following a lengthy discussion it was decided not to send a representative of the Town to the hearing. Town Attorney Delius reported on the action against the owners and occupants of property now used as an automobile grave- yard fronting on Palmer Avenue opposite the Petigor property. He presented the following stipulation for the consideration of the Board: SUPREIVE COURT : WE ST CHE STER COUNTY TO'I,hJ OF itihARCi�ECK Plaintiff, -again st- E UITABLD MORTGAGE and TITLE GUARANTEE -, CDNIPAIVY in Rehabilitation, et al . , :. Defendants. IT IS H RL=T STIPULATED AED AGREED as follows: 1. On or before June 31, 1940 the defendant, fiaurice Goldman, shall discon irue the ownership, operating a,-,d conducting upon the premises described_ in the complaint herein, or upon any part of the said premises, the business of scrapping or - dismantling automobiles, an automobile junk yard, or the sale of junks and on or before the said date the defendant shall remove from the said premises all machinery, tools, equipment, junk and auto- mobiles kept or :maintained in the conduct of the saio business or trade . 2. In the event of the failure of the said. defendant , iraurice Goldina.., on or before the said 31st day of July, 19405 to discontinue the sail 'business and to remove the said machinery, tools, equipment, etc. , tue answer of the said defendant shall be deemed withdrawn and plaintiff shall be entitled to the relief demanded in the complaint herein. Dated.: ;covember 10, 1939. Defendant, Pjaurice Goldman Attorney* for Plaintiff AtL,orneys for defendant, Maurice Goldman Following some discussion it was on motion by Councilman I'' eg"inniss, seconded by Councilman Griffin, upon roll call, unanimously RESOL D, that John L. Delius, attorney for the Town o_' IMamaroneck, plaintiff in the above action, be and, he hereby is authorized to sign the stipu- lation as set forth. C oun ci lm Foote had received an estimate in the one-inch temporary in Bates informed the from the Westchester amount of 0177 . 77 fo line to supply water Board that Town EnSinee'r Joint '.Water Works, to. 1 r the installation of an to a house on Hudson. Place . Following some discussion, on motion by Councilman Bates, seconded. by Councilman Griffin, the following resolution was unani- mouzly adopted: WHEREAS an estimate dated November 2, 1939, has been received from Westchester Joint Grater Works, So. 1 in the amount of 1177.77 of the cost of the installation of 157 feet of 1-inch pipe for a temporary line to supply water to one house only on Hudson Place ; N015 THEREFORE, BE IT RESOLVED, that the Westchester Joint hater K orks , No. 1 be and it hereby is authorized, empowered and directed to install for the Town of Aam_aroneck the water main above described and to charge to the Town the actual cost of laying the pipe . Town Engineer Foote reported that the construction work on the new bridge at Hickory Grove Drive was nearing completion. Councilman Griffin stated that he had presented his report at the last meeting and that at present there was nothing further to report . Councilman neginniss presented the following financial reports for the periods January 1 to August 31, 1939 and January 1 to October 31, 1939; (1) Statement of Receipts and Disbursements; (2) Statement of Budget Appropriations and Expenditures; ( 3) State- ment of Estimated. Revenues. The Supervisor informed the members of the Board that he had started to hold conferences with Councilman Meginniss, Chairman of Finance, and Comptroller Luceno on the departmental requests for the 1940 budget . The following reports for the month of October, 1939, were received and filed: (1) Report of the Town Clerk; (2) Report of the Building Inspector; (3) kamaroneck Health Center. At 6: 10 F. n. the Board unanimously resolved to adjourn. Town Cler