Loading...
HomeMy WebLinkAbout1940_04_17 Town Board Minutes all REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD APRIL 17, 1940 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N . Y. 8 P. M. The meeting was called to order by Supervisor McCulloch at Present: Supervisor McCulloch Councilmen Bates, Griffin, Mandeville, Meginniss Absent: None The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith, Comptroller Luceno and Town Engi- neer Foote . The minutes of the meetings of March 20 and April 3, 1940, were approved as presented. The Supervisor suggested that the meeting proceed with the reports of committees. Councilman Bates reported that he had made an inspection of the river bed and banks of the Mamaroneck and Sheldrake Rivers up to Fenimore Road in the Village of Mamaroneck. He stated that there is a good fall to Long Island Sound but that there are numer- ous obstructions in the rivers such as large boulders, tin cans, et cetera. He pointed out that there are two cascades in the station park area which hold back the water. He reported that the cost to the Town for pumping water out of cellars on private property following the April 8th and -- April 9th rainstorm was $47.40. He recommended that private owners be charged for this service and that the question. be considered at a later meeting. Councilman Mandeville reported that the Highway Department had cleared the gutters, patched holes in the roads temporarily and at the time certain repair work was being done in the Larchmont Gardens section. He explained that the greatest damage to roads is done by snow being allowed to lie until traffic rolls over it and that that was one of the reasons why the department had made every effort during the winter to remove the snow as quickly as pos- sible . Councilman Griffin stated that there was nothing to report for the Welfare Department . He referred to the letter dated March 20, 1940, received from the Board of Park Commissioners concerning the trees damaged by the sleet storm. Action on the letter had been deferred at an earlier meeting. He read the letter in part and pointed out that the trees would rot if not taken care of properly. He advised that this work should be done and that the estimate after a careful survey was $1, 500 to put the trees on the highways and in the parks in good shape . Following some discussion the Board referred the question as to the procedure necessary to raise funds for expenditures be- yond the budget to Attorney Delius to report at the next meeting. Councilman Meginniss presented the following financial statements for the period January 1 to March 31, 1940: (1 ) Summary of Receipts and Disbursements; (2 ) Statement of Estimated Revenues; ( 3 ) Statement of Budget Appropriations and Expenditures; (4 ) Re- ceipts and Disbursements of the Highway Fund. The reports were ordered filed. He read a letter dated April 8, 1940, received from the Fire Council of the Fire Department of the Town of Mamaroneck, signed by William V. McCarthy, Jr. , Chief, recommending the appointment of Mr. Fred Moll of 43 weaver Street, Town of Mamaroneck, as a proba- tionary driver of Fire Department trucks. On motion by Councilman Meginniss, seconded by Councilman Bates, on roll call, it was unanimously RESOLVED, that Mr. Fred Moll of 43 Weaver Street, Town of Mamaroneck, be and. he hereby is appointed as a probationary driver of the Fire Department trucks of the Town of Mamaroneck Fire Department . effective May 1, 1940, at a salary based on the rate of $1,800 per year, the appointment of driver to become final ninety ( 90) days after May 1, 1940, provided Mr. Moll' s work is satisfactory. Supervisor McCulloch informed the Board that he had made an inspection with Councilman Bates and Engineer Foote of the bridges along Sheldrake River in the Town. He explained how the widening of the bridge at Hickory Grove Drive had relieved flood conditions. He referred to the Bonnie Briar Lane bridge and stated that it had been condemned by the County Engineer. He asked Town Engineer Foote if the W. P . A. project proposal for the reconstruction of the bridge was ready. Engineer Foote presented same. Following some discussion it was decided to refer certain questions concerning the title of property adjoining the present bridge to Attorney Delius to report back to the Board. It was sug- gested that Mr. Foote confer with Mr. Delius on the subject . Mr. G. Y. Fenton, president, and Mr. C. C. Merritt , member of the Howell Park Association, appeared as a committee to propose that the Town purchase the plot known as the weaver Street Chapel property for park purposes. Mr. Fenton stated that they were present in order to find out if a scheme could be worked out whereby the land could be ac- quired and improved, thereby removing what is considered an eyesore. He referred to the conditions before and after the rock was removed from the property and stated that vendors were using the site as a fixed location to peddle their wares. He inquired about the tax arrears on the property and stated that he did not think that it would cost the Town any more to maintain it as a park than it would to carry it on the tax rolls . The Supervisor explained that if the land was acquired through foreclosure proceedings the Town would be obligated to pay school, county and state taxes while in possession of the property. Mr. Fenton stated that he was informed by the attorneys for the trustees of the property that they would sell the land to the Town for park purposes for $250 with the understanding that present tax liens be cancelled and that they have the privilege of erecting a small stone with a statement setting forth the history of the property. The Supervisor stated that if it was to be acquired, it was his opinion that the Town Park Commission should acquire it . He pointed out that this would mean an increase in the budget for that department for 1941 by about $1,000. He read the following estimates: Cost of land. $250.00 Top soil 400.00 Tractor - four days 48.00 Labor 174.00 Grass seed 54. 00 He continued by saying that this was only the original cost and following this there would be the yearly maintenance . Mr. Merritt stated that the association would contribute trees, shrubbery and plants to help in landscaping the park. He referred to the vendors and recommended that something be done to remove them from the property. The Board directed the Town Clerk to write a letter to the Police Department. Councilman Meginniss stated that he wished to be very frank and informed the gentlemen that he did not want the Town to undertake anything that would cost more money. He added that he could see things piling up fast. The Supervisor informed the gentlemen that the Town Board was willing to co-operate in every way possible, providing that some arrangement could be made to get the land without cost to the Town. He advised them that the New York State Department of High- ways was preparing to acquire a portion of the "chapel property" which has been used by the State for highway purposes for years; also that he had talked with Mr. Joseph A. Brady, County Assistant Engineer of the State Department of Public works, and proposed that the State take over all of the land for park purposes and that Mr. Brady had informed him that the State has not acquired any land for this purpose in 'West- chester County but that some consideration may be given the proposal. On leaving Mr. Fenton stated that he would be willing to circulate a petition in the neighborhood if it would help things along. Mr . Merritt asked that Superintendent of Highways A. J. Foote stop to see him about a large tree at the curb in front of his property. The Town Clerk was directed to notify Mr. Foote . Councilman Bates introduced the following resolution: RESOLUTION AMENDING A RESOLUTION ENTITLED: "RESOLU- TION APPROPRIATING THE SUIT OF $22,199 TO PAY A PORTION OF THE COST OF PUBLIC IMPROVEMENT WORK RELIEF PROJECTS IN THE TOWN AND AUTHORIZING THE ISSUANCE OF $22,199 BONDS OF THE TOWN OF MAMARONECK, FOR SAID PURPOSE", IN RELATION TO THE TITTLE, AMOUNT OF THE APPROPRIATION AND MATURITIES OF THE BONDS . RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARO- NECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. The title of a resolution entitled: "Resolution appropriating the sum of $22,199 to pay a portion of the cost of public improvement work relief projects in the Town and authorizing the issuance of $22,199 bonds of the Town of Mamaroneck for said pur- pose " is hereby amended to read as follows: "Resolution appropriating the sum of $25,199 to pay a portion of the cost of public improvement work relief projects in the Town and authorizing the issuance of $25,199 bonds of the Town of Mamaroneck for said purpose" . Section 2. Sections 1 and 3 of said resolution are hereby amended to read as follows: "Section 1. The sum of $18, 000. is hereby appropriated to pay the portion to be borne by the Town of public improvement work relief projects in the Town undertaken through or by the authority of the Works Progress Administration 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 usefuknss of at least five ( 5) years, computed from October 1, 1939, the date of the first indebtedness, whether temporary or permanent, incurred to finance any portion of the cost thereof. To meet said appro- priation, bonds of the Town in an aggregate principal amount not exceeding $18, 000. shall be issued". ''Section 3. Said bonds shall be combined in a single issue, shall be dated July 15, 1940, and shall mature in annual installments of principal as set forth in the following schedule: Said bonds shall bear interest at a rate not exceeding six per centum ( 6%) per annum, payable semi-annually on the 15th days of January and July in each year, shall be numbered, shall be in such form and of such denomination, shall be pay- able 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 deter- mined by subsequent resolution or resolutions of this Board'. Section 3. This resolution shall take effect immediately. On motion of Councilman Bates, seconded. by Councilman Griffin, the foregoing resolution was adopted by the following vote : AYES: Supervisor McCulloch Councilmen Bates, Griffin, Mandeville , Meginniss NOES: None Councilman Bates introduced the following preambles and resolution: WHEREAS, a resolution entitled: "Resolution appropriat- ing the sum of $25,199 to pay a portion of the cost of public improvement work relief projects in the Town and authorizing the issuance of $25,199 bonds of the Town of Mamaroneck for said purpose", adopted October 4, 1939, as amended by resolution adopted April 17, 1940, has become effective; and WHEREAS, a Works Project Certificate of Indebtedness in the amount of $22,199. has heretofore been issued. Now, therefore , be it RESOLVED BY THE TOWN BOARD OF THE TONY OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. For the purpose of temporarily financ- ing 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 Certificate of Indebtedness of the Town of Mamaroneck in an aggregate principal amount not exceeding $3, 000. Said. Certificate shall be designated "Works Project Certificate of Indebtedness". Section 2. The following matters in connection with said Certificate are hereby determined: Maturities of bonds Maturities of bonds issued for financing issued for financing the Improvements the Improvements Combined Pfaturity described in Section described in Section Annual Date_ 1 hereof: 2 hereof: Maturities July 15, 1941 $4, 000. 1,199. ¢ 5,199. July 15, 1942 4,000. 5,000. 5,000. --- July 15, 1943 5,000. 1,000. 6,000. July 15, 1944 5,000. 1,000. 6,000. July 15, 1945 1,000. 1 000. July 15,1946 5000. 1, 000. July 15,1947 _ 1, 000 . 1,000. 1,000. $ 75199. $25,199. NO Date: April 17, 1940 Maturity: July 15, 1940 Denomination: $3, 000. Number: Form: Substantially in accordance with resolution adopted October 4, 1939. Place of Payment: The Supervisor is hereby authorized to determine all matters in connection with said Certificate of Indebted- ness, the determination of which is not provided for by - this or subsequent resolutions, and his signature upon said Certificate shall be conclusive as to such deter- minations. Said Certificate shall be signed by the Supervisor, shall have the corporate seal of the Town affixed thereto and attested by the Town Clerk. he Supervisor is hereby authorized to sell said Certificate at public sale or private sale at not less than par and to fix the interest rate thereof at not exceeding six per centum (6%) per annum, and to deliver same to the purchaser upon receipt of the purchase price, plus accrued interest from the date of the Certificate to the date of delivery. Section 3. Any instrument issued pursuant to this resolution shall be a general obligation of the Town of Mamaroneck, and the faith and credit of the Town are hereby pledged for the punctual payment of the principal of and interest on said obligation, and unless otherwise paid or payment provided for, a tax sufficient to pro- vide for the payment thereof shall be levied and collected. Section 4. This resolution shall take effect immediately. On motion of Councilman Bates, seconded by Councilman Griffin, the foregoing resolution was adopted by the following vote: AYES: Supervisor McCulloch Councilmen Bates, Griffin, Mandeville, Meginniss NOES: None Town Attorney Delius referred to the matter of the petition of Yonkers Bus, Inc. for a certificate for the operation of an omni- bus line between the Cities of New Rochelle and White Plains, and stated that he believed that all of the members of the Board had read the decision in the local newspapers. He added that the application was denied, this decision being in favor of the Town. He reported that the Wilson police pension bill, now known as Chapter 544 of the Laws of 1940, which amends Chapter 791 of the Laws of 1928, had been signed by the Governor during the day and was to become effective immediately. He discussed at length with the members of the Board cer- tain certiorari proceedings brought against the Town for the reduc- tion of assessments. The Supervisor presented W.P.A. project proposal Ma-324, Fenimore Road Improvement and Bridge in the Village of Mamaroneck, for the consideration of the Board. On motion by Councilman Bates, seconded by Councilman Griffin, upon roll call, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to sign the following W. P . A. project proposal to be submitted to the federal government: Fenimore Road Improvement and Bridge. Village of Mamaroneck Total estimated Total estimated bution Total estimated bution Approximate cos cost $81,363.00 federal contri- 58,467. 00 sponsor' s contri- 221896. 00 t to Town 81000. 00 Councilman Mandeville presented certain highway claims for approval. On motion made by Councilman Mandeville, seconded by Councilman Bates, it was upon roll call unanimously RESOLVED, that the following claims filed with the Comptroller, other than payroll, which are chargeable against the Highway Budget of 1940, are audited and payment thereof approved: Item 'Warrant No. No. Claimant Amount 1 17 New Haven Trap Rock Co. 5.75 18 Payroll 19 New Haven Trap Rock Co. 94.30 3 52 Payroll 53 H. B. Beecher 10.78 54 H. T. Flinn Motors, Inc . .85 55 VW. P. A. Fund 76. 12 56 lNestchester Lighting Co. 9.52 57 G. R. Hall 3.75 58 Gauzband Sales Co. 8.00 59 Globe Motorists Supply Co. 35. 00 4 54 Payroll 55 Payroll 56 Elenterio Andreoli 15. 00 57 Town of Mamaroneck - General Fund 1.85 58 Keeler Real Estate Corporation 2. 93 Councilman Mandeville recommended that April 25, 26 and 27, and May 2, 3 and 4 be designated for what is known as `"Clean-Up 'Week". On motion by Councilman Mandeville, seconded by Councilman Bates, it was unanimously RESOLVED, that April 25, April 26, April 27, May 2, May 3 and May 4 be designated as "Clean-Up Week" in the unincorporated area of the Town of Mamaroneck. Councilman Griffin presented. a petition dated April 17, 1940 received 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; WHEREAS, the Assessor has presented a petition dated April 17, 1940, for the correction of the assessment roll for the year 1939, taxes of 1940, pursuant to the provisions of Section 33 of Chap- - ter 105 of the Laws of 1916, as amended, known as the Westchester County Tax Act; and WWHEREAS, after due consideration this Board finds it desirable to grant said petition for the correc- tion of said assessment roll; NOW, THEREFORE, BE IT RESOLVED taxes of the roll Section Block Lot 7 5 7,8 (703-266 ) Me that the assessment roll for the year 1939, 1940, which shows property now appearing on as follows: Owner Land Imp. Total Gertrude Maple $4,000 7, 000 11 ,O00 be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33: Section Block Lot Owner Land , Imp. Total 7 5 7 (703-281) Gertrude Male $2, 000 $7, 000 $9,000 7 5 8 (703-266) " 2,000 - 2000 The Supervisor requested the Town Clerk to read the communi- cations. A letter dated April 17, 1940, was received from Daisy B. Palmer and Jennie Play Palmer as executrices of the estate of William A. Palmer, deceased, requesting permission to pay certain tax arrears at a reduced rate of interest . Following some discussion, on motion by Councilman Bates, seconded by Councilman Meginniss, it was unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on Section 1 , Block 65, Lots 58 to 62 in- clusive, the liens for which are held by the Town, in the face amount of the liens plus interest com- puted at 6 per cent per annum, provided payment is made within forty-five days : Tax Year Sale Year Amount of Lien 1934 1935 87.40 1935 1936 69.20 1936 1937 72.20 1937 1938 73.77 1938 1939 81. 99 A letter dated April 9, 1940, was received from the Mid- field Realty Corporation, signed by Charles K. Kerby, requesting permission to pay certain tax arrears at a reduced rate of interest. On motion by Councilman Bates , seconded by Councilman Meginniss, it was unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on the following described property, 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: A letter dated April 8, 1940, was received from Horace S. Evans , technical advisor of the New York State Flood Control Comm- ission, acknowledging receipt of the resolution adopted by the Town Board in relation to the flood problem in Mamaroneck. He attached Tax Sale Amount of Sec. Blk. Lot Year Year Lien 8 53 3 1934 1935 79.54 1935 1936 46.79 1936 1937 44.40 8 53 3,2B 1937 1938 65.65 1938 1939 71.27 S 53 112A,29B 1938 1939 306.25 8 53 29 1936 1937 12.76 A letter dated April 8, 1940, was received from Horace S. Evans , technical advisor of the New York State Flood Control Comm- ission, acknowledging receipt of the resolution adopted by the Town Board in relation to the flood problem in Mamaroneck. He attached M a copy of a letter received from United States Senator klead-, offering his full cooperation in the matter. The Supervisor informed the Board that something should be done in order to make possible the collection of delinquent taxes . Ho called to the attention of the members of the Hoard the fact that on , $7, 000 had been collected against the outstanding $85,000 tax note . In addition to that the Town borrowed $235, 000 against the anticipated tax collection of 1940. He estimated that the Town would collect about $150,000 or $160, 000 of the 1940 levy prior to July 1, 1940, the date of the maturity of the $235, 000 note. Accord- ing to these figures there would be a balance of $75, 000 or $85,000 to be paid on the $235, 000 note and this with the old note of $75, 000 would make a total of about $150, 000 in notes. The outstanding tax liens amount to about $450,000 and unless the Town is able to collect $150, 000 of this amount , it would be necessary to put the unpaid balance in the budget . Following some discussion the members of the Board decided to make a drive for the collection of delinquent taxes and authorized the Supervisor to negotiate for the settlement of same whenever the opportunity presents itself. The Supervisor stated that within the last few days a real estate man , had visited the office to inquire about property owned by the Town near Madison Avenue and Lafayette Road with the idea of making a purchase proposal. The houses considered for the area are ore-story, four-family cottage type . This would require a change in zoning. The Supervisor offered to contact the Board of Appeals for Zoning and report back to the Town Board. The Supervisor stated that it would be in order to consider the filed bids for the removal of trap-rock ballast from the right- of-way of the New York, Westchester and Boston Railway in the Town of Mamaroneck. Following considerable discussion, it was upon motion by Councilman Griffin, seconded by Councilman Mandeville, unanimously RESOLVED, that the contract be and it hereby is awarded to the Colantiro Construction Company at the price of $. 475 per cubic yard; that the contract papers be prepared by the Town Attorney and that the Supervisor be authorized to sign same . The following reports for the month of March, 1940 were received and filed: 1) Report of the Town Clerk; (2 ) Report of the Receiver of Taxes; (3) Report of the Building Inspector and (4) Report of the Mamaroneck Health Center. At 10.45 P.M. the Board unanimously resolved to adjourn.