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HomeMy WebLinkAbout1935_02_27 Town Board Minutes 219 POSTPO MD REGULAR =TING OF THE TOwI7 BOARD TOGIT OF YXIAROPIFCK9 YME V YORK HELD FEBRUARY 279 1935 At the Town Offices, 118 Vest Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch at 5.10 P. M. Present: Supervisor McCulloch Councilmen bates, Brennan, Griffin, Meginniss. The presence was also noted of Town Clerk Marvin and Town Attorney Delius. The Supervisor stated that by unanimous consent the meeting was being held at this time to take the place of the regular meeting scheduled for Fe-bruary 20,. 1935, and that this meeting would be considerdd as a postponed regular meeting. In view of the presence of certain persons who desired to address the Board, the regular order of business was suspended in order to hear them. Mr. Daniel Kusell of 59 Edgewood Avenue and his attorney, Mr. Aaron Simmons of New Rochelle , addressed the Board concerning the School tax for the year 1924 and the State , County and Town taw, for the year 1925 on Section 1, Block 55, Lots 31 to 38 inclusive , shown as unpaid on the rolls. The total amount of the tax lien held by the Town in respect to these taxes, including penalties and interest, amounts to about $3,423.03. 11r. Kusell stated that he was sure that he had paid these taxes but was unable to find his receipts therefor. After discussion Mr. Kusell and Pir. Simmons stated that they would make further inquiry into the matter before again appearing before the Board. Three representatives of the Maple Hills Association addressed the Board in reference to a letter of Mr. Harry T. Byrne of 17 Dante Avenue, dated February 20, 1935, submitting a petition signed by one hundred and seventeen names praying for the removal of special assess- ments for street improvements in the sections 'mown as Maple Hill Part I, Yaple Hill Part II and Myrtle and Madison Avenues and the sidewalk improvements on Weaver Street. Mr. Byrne addressed the Board and urged that it take the necessary steps to have the State Legislature adopt an act permitting these special assessments to be spread over the entire Highway District. He stated that he believed the Town Board should obtain this authority from the legislature before the legislature adjourned, so that in the event the Board subsequently desired to make use of the power thus granted it can do so without having to wait until next year. The Supervisor thanked the three representatives for their attendance and stated that the Board would consider the matter in executive session later in the evening. Mr. Edward Mullaly, former chief of the Fire Department of the Village of Mamaroneck, addressed the Board to request that it delay action on approving the election of a new fire chief for the heaver Street Fire Department until it could give careful consideration to this fact, namely : that the precedent of selecting as chief a man who has not previously been a captain might spread to the Village of Mamaroneck where, he feared, it might have unfortunate consequences. A delegation of three members of the Weaver Street Fire Depart- ment addressed the Board concerning the matter of the approval of the election of a new chief of the department. In this connection the Town Clerk read a letter from the Weaver Street Fire Department dated February 19, 1935, submitting for the consideration and approval of the Board the names of the persons elected to office at the annual meeting of the Fire Department held on February 18, 19359 to serve during the year 1935. The three representatives of the Fire Department, namely , Yr. C. H. Greenall, LIr, N'im. J. McCarthy, Jr. and hr. Charles Heywood, all spoke concerning this matter. After the Town Board had considered this matter for some time it authorized the Supervisor to appoint a special committee from the Board to meet with the Fire Council and other members of the Fire Depart- ment in order to investigate the matter fully. j The Supervisor thereupon appointed to this committee lair. Brennan, Chairman, Mr. Griffin and Hr. Irieginniss. Mr. C. C. Merritt addressed the Board and presented a letter from the Howell Park Association dated February 27 , 1935, notifying the Town Board that at the meeting of the Association held on February 26, 1935, a resolution had been passed favoring the immediate improvement of Carleon Avenue and the extension thereof with pavement and curbing to match that of the adjoining streets in Howell Park. The matter was referred to Mr. Brennan. LIr. I;Ierritt also informally suggested that the Town consider the matter of acquiring the building at 1 Depot Plaza, 1amaroneck, as a location for the Town Offices. No action was taken on his proposal. There being no further persons present who desired to address the Board the regular order of business was resumed. The minutes of the meetings of October 5, 1934, January 12, 1935, and January 16, 1935, were approved as printed. The Board resolved that hereafter the minutes of the previous meetings be read in full by the Clerk. A letter dated February 14, 1935, was received from the Public Welfare Officer informing the Board that official approval had been -- received from the Temporary Emergency Relief Administration for salary changes for ' rs. Katharine Westwood and Miss Frances F'aton. The matter was referred to the Comptroller. A letter dated February 91 1935, was received from Village Manager R. J. Whitney of Mamaroneck inquiring if the Town would be willing to cancel taxes against property described as Section 91 Block 58A, being a triangular piece of property located at the inter- section of Orienta Avenue and Old Post Road, Iamaroneck, used for park I)urposes. The matter was referred to Lr. Brennan and Mr. Bates for investigation and report back to the Board. A letter dated February 69 1935, was received from Eugene F. Wakeman, Larchmont Village Clerk, concerning cooperation between the Town of Mamaroneck and the Villages of karchmont and Mamaroneck in respect to matters of mutual interest. The Town Clerk again laid before the Board the letter of Tar. Wakeman dated December 4, 1934, referring to similar matters , which had been previously presented to the Board and ordered laid over. The Clerk was unanimously directed to reply to Mr. Wakeman that the Town Board was in accord with the views set forth in his letter concerning the desirability of cooperation among the three municipalities and to suggest that meetings of the entire membership of the three Boards be held at intervals not greater than every three months. The Clerk was further directed to send a copy of Hr. Wakeman' s .letter and a copy of the reply of the Town Board thereto to the Village of Mamaroneck with the suggestion that the latter village give this matter due consideration. A letter dated February 89 1935, was received from Donald C. Howe , Chief of the Weaver Street Fire Department, enclosing his report for the year ending December 31, 1934, together with an inventory of all the property of Fire District Yo. 1 located in the weaver Street Fire Headquarters. The report and inventory were referred to Mr. Yeginniss. The Board unanimously directed the Clerk to prepare an inven- tory of property owned by the Town in the Town Offices; to direct the Public welfare Officer to prepare a like inventory of property used by the Public 1'elfare Department and to direct Liiss I:'Iae Toomey to prepare a like inventory of property used by the several departments with which she is connected. 223 The report of the Welfare Officer for the month of January was received and placed on file. The Town Clerk reported that he had been served with a summons and complaint in the matter of Garden Properties, Inca vs. Bertha W. Chatterton, Town of Yamaroneck, et al. , being a foreclosure of a tax lien and that he had immediately forwarded the papers to the Town Attorney without first presenting them to the Town Board because an answer was demanded. The action of the Town Clerk , as above described, was unanimous- ly approved. An undated petition was received from nine property owners and/or residents of the Fifth Avenue vicinity and signed by them request- ing the Board to cover over or otherwise conceal and make safe the open drainage ditches along Fifth Avenue. The matter was referred to Yr. Brennan to ascertain the cost of the proposed improvement. The Town Clerk informed the Board that in connection with the preparation by Ir. Foote of the new assessment maps he had been furnish- ing 111r. Foote with certain information concerning streets in the Town; that he had discovered that a number of streets which have been in public use for many years and are bordered by numerous residences are rot owned by the Town so far as he could ascertain and that he desired the Board to determine whether or not it would take title to such streets by resolution or what other action, if any, it would desire to take in this connection. The matter was ordered referred to the Town Clerk, the Town Attorney and Mr. Brennan, as a committee of three to make recommendations to the Town Board. The Town Clerk informed the Board that in accordance with instructions heretofore given him he had obtained from the City of New Rochelle temporary permission for the Town of Mamaroneck to use for fire prevention purposes a hydrant located in the City of Bew Rochelle on Pryor Manor Road and within 500 feet of the residence of Y iss Gladys iacCune He stated further that he had discussed with IIr. Irving C. Brower, New Rochelle City Idanager, the matter of a joint agreement between the two municipalities providing for mutuality of access to all hydrants in both communities situated along or near the Town-City boundary line for fire prevention purposes and that Hr. Brower indicated he favored such an agreement; that he , the Town Clerk, had thereupon conferred with the Town Attorney who was prepared to draw up such an agreement if the Town Board so desired. The Town Clerk stated that since the fire insurance underwriters invariably demanded a written agreement covering the use by a municipality for fire prevention purposes of hydrants located without the boundaries of said municipality, he considered it advisable to execute a blanket agreement in respect to all hydrants along the boundary line with such municipalities as desired to reciprocate in this respect, in order that in the future there would be no need for executing separate agree- ments covering individual hydrants, as had been done in the past. He stated further that a similar agreement is now and has been for some time in effect between the Town and the Village of Larchmont in repect to hydrants along Lean Place. On motion duly made and seconded it was unanimously RFSOLVFD, that the Town Attorney be and he hereby is directed to prepare an agreement between the Town of Yamaroneck and the City of Few Rochelle providing for mutuality of access for fire prevention purposes to hydrants owned by either of the twomznicipalities along their joint boundary lines ; and be it FURTHER RFSOLVED, that after this goposed agreement has been submitted to the Fire Council of the Weaver Street Fire Department the Supervisor and the Town Clerk be and they hereby are authorized, empowered and directed to execute said agreement on behalf of the Town of Ilamaroneck. The Town Clerk reminded the Board that he had heretofore been instructed to ,call to the attention of the Board the report of the Incinerator Site Committee , which at a previous meeting had been laid over for future consideration. The Board took no action on the matter. 1r. Griffin called to the attention of the Board the fact that during Lent there wem to be held special religious services under the joint auspices of the local churches, on the evenings when the Town Board would hold its regular meetings. On motion by Fir. Bates, seconded by Hr. Brennan, it was unanimously RESOLVED, that the regular meetings of the Town Board - during Lent, which ordinarily would be held on the first and third Wednesdays of the month, be held on the next succeeding Thursday at the same hour and place . A letter dated February 210 was received from the Receiver of Taxes and Assessments stating that according to the record of tax liens in his office , sale of 1926, the 1925 School tax on Section 6, Block 16B, Lots 2 and 3A, is shown as open and unpaid; that on Page 236 of the Cash Book of 1926 under date of October 30 of that year there is an entry showing this tax paid as follows: Tax - $144.22, Interest, Penalties and Advertising - $25.33, Total - $169. 55; that he had accord- ingly cleared the roll for this tax and requested that the Town Board approve his action. On motion by Mr. Meginniss, seconded by Mr. Griffin, it was unanimously RESOLVED, that the action of the Receiver of Taxes and Assessments in clearing the roll for the 1925 School tax on Section 6 , Blocl: 16B, 'Lots 2 and 3A2 as above set forth, be and it hereby is approved. The Town Attorney informed the Board that Mr. Edward W. Julier of Mamaroneck had purchased at the 1928 sale a "tax lien on Section 8, Black 93, Lots 11, 12 and 13 ; that the Receiver of Taxes and Assess-- ments had received funds for the redemption of this lien and that 1fr. Julier was unable to surrender the lien because he had lost or misplaced it and after diligent search had been unable to find it. - Mr. Julier , he stated, therefore requests that he be issued a duplicate of the lien to replace the one he had lost, and that in this connection Mr. Julier had submitted an affidavit duly verified on January 21, 1935 setting forth the facts in the case and granting the Town a release from any claim which he , 11r. Julier, might have against the Town by reason of his ownership of said lien. The Town Attorney recommended that a duplicate lien be issued. On motion by 11r. Brennan, seconded by lir. Griffin, it was unanimously RESOLVED, that in accordance with the provisions of Section 54, of the Westchester County Tax Act, the Supervisor be and he hereby is authorized, empowered and directed to issue to Mr. Edward W. Julier of Mamaroneck a duplicate of the tax lien bought by him at the 1928 sale on Section 8 , Block 93, Lots 11, 12 and 13. The Supervisor stated that since the County Trust Company would on March 19 1935, open a branch in Yamaroneck, it would be in order for the Town Board to designate this Mamaroneck branch as a depository for Town funds, said funds to be secured by deposits of securities as pre- scribed by law. He also stated that the Town had need of a safe deposit box and recommended that such box be rented in the Mamaroneck branch of the County Trust Company. On motion by Mr. Brennan, seconded by Mr. Bates, it was unanimously RESOLVED, that the hamaroneck Branch of the County Trust Company be and it hereby is designated for the deposit ya of monies coming into the hands of the Supervisor,Itown Clerk and the Receiver of Taxes and Assessments, upon furnishing as security for the deposit of such funds in excess of the amount insured " by the Federal Deposit Insurance Corporation such bonds or certificates as are required by Paragraph 1 2 of Section 64 of the Town Law, such bonds or certi - ficates to be deposited 'in and held by the Trust Depart- ment of the Trust Company of Larchmont ; and be it FURT11 R RESOLVED, that the Lramaroneck Branch of the County Trust Company be and it hereby is designated for a deposit of the following funds: General Fund Highway Fund Tax Lien Account Special Assessment Account and be it FURTH_F,R RESOLVED, that the Supervisor be and he hereby is authorized, empowered and directed to rent in the name of the Towncof Mamaroneck a safe deposit box in said Mamaroneck Branch of the County Trust Company and that access thereto be had jointly by Supervisor pert C. McCulloch and Councilman Edward B. Heginniss , Chairman of Finance. On motion duly made and seconded it -,:,Tas unanimously RESOLVED, that the General Fund Account and the Highway Account now in the First National Bank of Harrison and the Tax Lien Account in the First National Bank of Hount Vernon be and they hereby are ordered transferred to the Lamaroneck Branch of the County Trust Company. The Board then went into executive session to consider the matter of the petition asking for the removal of special assessments, which petition had been presented earlier in the evening. At the conclusion of the executive session the regular order of business was resumed. The Board thereupon decided, after due con- sideration, and in view of the fact that the 1935 tax levy could not be disturbed at this time , that there is ample time for the petitioners to ascertain the views of the community on this matter before the Town Board takes any action to attempt to obtain the necessary legislation permitting the removal of the special assessments for -the year 1936. A letter dated February 11, 1935, was received from the County Transportation Company submitting a report of the operations of said company for the year 1934 as prescribed in the 25th Paragraph of the consent, under the terms of which the company operates in the Town of Mamaroneck. The report was referred to Hr. Heginniss. At 11 :35 P. M. the Board unanimously resolved to adjourn. Town Clerk