HomeMy WebLinkAbout1935_03_07 Town Board Minutes 96)
PMULAR HEFTING OF THT+_T TOWN BOARD
TOWN OF LIAL'IARO !ECK, N. Y.
HELD MARCH 7 , 1935
At the Town Offices, 118 West Boston Post Road, Mamaroneck, 11. Y.
The meeting was called to order by Supervisor IoCulloch at
8:10 P. la.
Present : Sup-ervisor McCulloch
- -- Councilman Bates, Brennan, Griffin, Meginniss.
The presence was also noted of Town Clerk Idarvin and Town
Attorney Delius.
The Board at once went into executive session and discussed
the matter of the special validating act for the benefit of the Town
a,f Mamaroneck introduced in the Assembly by Mr. Gamble as Introductory
No. 1932 (Senate Bill No. 2112 - Iht. No. 1565) .
The Supervisor reported that the Board of Supervisors had at
its meeting that afternoon passed a resolution approving of this special
validating act for the Town of Mamaroneck, as referred to more fully
below, with the customary request to the Legislature to pass this act
and to the Governor to approve same.
Upon motion of Councilman Bates, seconded by Councilman Griffin,
the following resolution was upon roll call unanimously adopted:
RESOLVED, 71,11-TREAS9 it is considered desirable to obtain
authority to adjust the instalment assessments for street
improvements in the 'Town of Iammaroneck for the years1930-1934
both inclusive , and provide for the collection of the amounts
so adjusted, and also to obtain authority to compromise such
instalment assessments for the years 1936 and thereafter as
may appear to be for the best interests of the Town and the
owners whose properties are affected by such instalment
assessments ; and
Z°THFREAS, in order to carry out such plan it is necessary
that enabling legislation be enacted into law by the
legislature of the State of New York with the approval of
the Governor; and
=12AS, a proposed bill has been prepared to be presented
to the legislature of the State of l+`ew York entitled "An
Act to legalize and validate the acts and proceedings of
the Town Board and Officers of the Town of lamaroneck in
relation to the levying of assessments in the Town of
Namaroneck for street improvements pursuant to Chapter 549
of the laws of 1926 as amended, and for sidewalk improvements
pursuant to Article 11-A of Chapter 62 of the Consolidated Laws
known as the Town Law as amended by Chapter 201 of the laws
of 1927; to adjust the collection of instalment assessments
for the years 1930 to 1934 both inclusive in lieu and instead
of such instalment assessments levied for the years 1930 to
1934 both inclusive and enforcing payment thereof; to
authorize the Town Board of the Town of Mamaroneck to com-
promise instalments required for the payment of interest
and principal on bonds issued for the cost of such improve-
- ments payable in the year 1936 and thereafter", which the
Town Attorney has presented to this Board for its approval;
therefore , be it
RESOLVED, that this Board do and hereby does approve the
aforesaid bill entitled "Ali ACT TO LI'GALIZE 12TD VALIDATE
T_HT ACTS AND PROCEEDINGS OF THE TO87N BOARD AND OFFICERS
OF THE TOMT OF MAMARONECK IN RELATION TO THE LEVYING OF
ASSESS,[TT_TTS 7ST T_E' TOTITT OF MAI:ZARONF'CI� FOR STREET iLPROVE' -
IMIT S PURSUANT TO CHAPTER 549 OF M LAWS OF 1926 AS
Al2NDED, AND FOR SIDEWALK =ROMMITS PURSUANT TO ARTICLE
ll1=A OF CHAPTER 62 OF TNT' CONSOLIDATED LAWS 1MOTfiT AS TIC+'
I
3
TOWN LAW AS XMI?DED BY CHAPTER 201 OF THE LAWS OF 1927 ;
TO ADJUST THE COLLECTION OF IITSTALMENT ASSES SUEPITTS FOR
SUCH IMPROVEL7'NTS; LEVYING INSTAL- _NT ASSESSt-,TITTS FOR
THE YEARS 1930 TO 1934 BOTH INCLUSIVE IN LIEU AND INSTEAD
OF SUCH INSTA �i:"L`+"ITT ASSESSMENTS LEVIED FOR THE YEARS 1930
to 1934 BOTH INCLUSIVE, AND ENFORCING PAYMENT TIT REPOF;
TO AUTHORIZE THE TOWIT BOARD OF THE T0'41IT OF MAMARONECH TO
COMPROMISE IITSTA=ITTS REOUIRE•D FOR THE PAYPIFNT OF INTEREST
AND PRINCIPAL ON BONDS ISSUED FOR THE COST OF SUCH 111-
-_. PROVM!,,- TS PAYABLE IIT TIC YEAP. 1936 AIM THE1 E�iFTER" , so
presented and in the form drafted by the Town Attorney,
and 'herein respectfully requests the legislature of the
-- State of New York to enact the same , and, further respect-
fully requests the Governor of the State of New York to
approve the same when so enacted, so that the Town Board
may have the power to adjust the instalment assessments
for street improvements in the Town of Ltamaroneck for
the years 1930 to 1934 both inclusive and provide for
the collection of the amounts as so adjusted and also to
obtain authority to compromise such instalment assessments
for the years 1936 and thereafter as may appear to be for
the best sntsrest§-of the Town and the owners whose
properties are affected by such instalment assessments;
further
RESOLVED, that this Board consent to amendments being made
by the legislature of the State of New York provided same
do not substantially or materially alter powers to be
conferred upon the Board as therein provided.
At the conclusion of the executive session the regular order
of business was resumed.
The minutes of the meeting of February 2, 1935, were corrected
and approved as printed.
The minutes of the meeting of February 27 , 1935, were read
and approved as read.
The Clerk was directed to present at each meeting a calendar
of unfinished business consisting of matters referred to committees
or individuals for their attention and report.
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.
A delegation from the Weaver Street Fire Department consist-
ing of Mr. Bernard LeVino and Mr. TVm. J. IeicCarthy, Jr. , were present
in connection with the matter of the approval of the election of the
officers of the Fire Department and the election of new members to the
department.
Mr. Brennan reported for the special committee consisting of
himself as chairman, 1,r. Griffin and Hr. Meginniss, heretofore and on
February 27 , 1935, appointed to consider the matter of the election
of the officers of the Fire Department. He stated that the committee
unanimously recommended approval of the election of the officers chosen
at the annual meeting of the department on February 18, 1935, and also
the approval of those persons elected to active membership since the
incorporation of the department on December 28, 1933, up to and includ-
ing December 7, 1934, when these members were recommended for approval
to the Town Board.
On motion by Sr. Bates, seconded by Ir. Griffin, it was
unanimously
RFSOi,VED, that the report of the special committee as
presented above by Hr. Brennan be and it hereby is
accepted and approved; and be it
FURTHER RESOLVED, that on the- recommendation of said
special committee the election to active membership
of the folloi;ving named persons admitted to the depart-
Trent since its incorporation on December 2&j. 1933, up
to and including December 7 , 1934, as set forth in a
letter to this Board, dated March 29 1935, which letter
is hereby received and placed on file , be and it hereby
is approved, to fait :
Frank P. McGeough Eduard Berggren
J. Tortorell"a Drake Sparkman
Dr. G. W. McElroy Samuel Schullman
— Robert Testa Fred DeSantis
Arthur Johnson John Moll
Elmer Berggren Leroy Berggren
Walter I. Ritch A. L. Moshier, Jr.
Carl Tortorella V. Marrare
Louis Labrande
and be it
FURTHER RESOLVED, that the election of the following
officers of the department made at the annual meeting
of the department held on February 18, 19359 to serve
during the year 1935 as set forth in a letter from the
Fire Department dated February 19 , 19359 and presented
to this Board at its meeting on February 27 , 19359 be
and it 'hereby is approved, to wit:
Richard Le Vino - Chief Engineer
Frank YTcGeough - Assis;tant Fngineer
Dr. Wt. Le Furgy - Surgeon
Roy Berggren - Treasurer
Walter I. Ritch - Secretary
Charles Heywood - Collector
A number of persons were present in connection with the
proposed change in the route of the Larchmont-Yiamaroneck bus line.
In this connection the Clerk read again a petition signed by
seventy-seven names requesting a change in the bus route , which peti-
tion had been presented to the Town Board at its meeting on May 16,
1934.
In the same connection a letter dated March 6 , 1935, was re-
ceived from the Democratic Town Committee of the Town of Mamaroneck,
opposing a change in the bus route..
1: r. Vim. E. Schramek of 32 Ferny=rood Road, Larchmont , addressed
the Board in opposition to the change in the route. He stated that he
represented eighty signers of another petition who favored no change
in the route , which petition he thereupon presented and which the Clerk
read.
Mr. Paul F. Dear of 82 Garden Road, Larchmont , spoke in opposi-
tion to changing the route as did fir. Bernard Le Vino of 385 Seaver
Street, Larclamont.
Mr. William A. Lawson of Avon Road, Larchmont, spoke in favor
of changing the bus route and presented detailed statistics purposing
to show that the change which he favored would be a convenience to
many people and would be an inconvenience to but few.
Liss I;iabel Merritt addressed the Board and stated that "lack
of transportation offers a definite sales resistance to property
in the Larchmont Ridge Section. " She said she was sure that that
section would develop if transportation, especially for school children,
were supplied.
It was suggested that a compromise in the route be considered,
namely , extending the present :'Deaver Street route in a "spur" along
Rockland Avenue to Avon Road and return. Both Yr. Lawson and Iir. Schramek
consented to this proposal. The Supervisor stated that he would take up
the proposal with the County Transportation Company, operators of the
i
bus line , in company with Lr. Schramek and Mr. Lawson. The Board agreed
to defer action on setting a date for a public hearing on this matter
until after the Supervisor had reported on his conference .
Mr. Schramek next addressed the Board as an attorney on behalf
of his clients, Hr. John 11oll of Weaver Street and Mr. Henry Dietz of
Boston host Road. Mr. Dietz accompanied him. He stated that in accord-
ance with an eg reement entered into in 1933 between the Town of liamaroneck
and Mr. Dietz, the Town had agreed that it would not throve any refuse or
waste matter into the brook running in back of and through part of the
property of Mr. Dietz; that for a certain period of time .the Town had
lived up to this agreement but recently a considerable amount of waste
— matter had made its appearance. fir. Schramek asked the Town to discon-
tinue this alleged violation.
The Supervisor -' stated that the matter viould be investigated
at once and requested Hr. Bates to confer with the Westchester County
Sanitary Sewer Commission and the Town Superintendent of Sewers.
Mr. Schramek next addressed the Board concerning the damage
alleged to have been suffered by the property of Hr. Dietz by reason
of the presence of the Town garbage dump adjacent to that property. He
stated that fir. Dietz can no longer use the property for truck farming
because sea gulls are attracted to this vicinity by the odor of the
dump; because a strong wind covers his property with paper and other
refuse and because the labor he employs find the odor insupportable. He
stated that Xr. Dietz had previously complained about the same matter.
The Supervisor stated that Kr. F. C. Bingham, owner of other
property near the dump, had likeviise complained of the same condition.
The Board assured 1+1r. Schramek that the matter would be
locked into immediately.
Yr. James F. Curtis addressed the Board to request that the
1935 taxes should be paid in instalments. The Board discussed the matter
at some length and the Supervisor stated that under the law now in
-- effect the Town is obliged to collect penalties on all unpaid instalments.
Hr. marl Heisenberg, who together with Ir. Thomas F. 11florris,
was present as a representative of the Rouken Glen Civic Association,
stated that the association did not favor instalment payments for taxes
if penalties had to be collected on unpaid instalments.
The Board took no definite action on the matter.
Iur. Franklin Brooks of Larclvnont addressed the Board and spoke
at length concerning four letters of his which the Clerk thereupon read,
as follows:
(1) A letter dated February 2, 1935, concerning taxes owed
by Luigi Leone on his property on 1;iurray Avenue. The
matter was referred to the Town Attorney for his opinion.
(2) A letter dated February 8, 1935, concerning the arrest
of firs. 2,icoletta Perciassene. The matter was referred
to the Town Attorney for his opinion.
(3) A letter dated February 26 , 1935, concerning property
at 176 Myrtle Boulevard. The letter was referred to the
Town Attorney for his opinion.
(4) A letter dated January 10 , 1935 , concerning an amendment
proposed by Mr. Brooks to the Executive Law, of the State.
On motion by Mr. Brennan, seconded by Iir. Griffin, it was
unanimously
RESOLVED, that the amendment proposed by Franklin Brooks to
Section 8, Chapter 23 of the Laws of 19099 commonly known
as the Executive Law, be and it hereby is approved; and
be it
237
FURTIHR RESOLVED, that a copy of this resolution and
the proposed amendment be sent to Frank C. Yoore ,
Executive Secretary of the Association of Towns of the
State of New York
There being no further persons who desired to address the Board,
the regular order of business was resumed.
Fir. Brennan reported on highway matters. He stated that Super-in-
tendant of Highways Plerola had been taken home from the hospital and is on
the road to recovery. The Board requested 'him to get a definite statement
from Superintendent Lerolals doctor as to when he will be able to return
to work.
Yr. Brennan reported on the estimated cost of covering over or
enclosing the open drainage ditches on Fifth Avenue, which matter had been
referred to him at a previous meeting, stating that the cost would be
$6,000 - $79000. The matter was laid over pending the return of Lir. Merola.
The Comptroller was requested by the Board to submit a statement
of the amount of money expended to date on material and equipment for all
work relief projects in the Town.
Mir. Bates reported on sewer matters. He stated that work was
proceeding satisfactorily on the Rebeau Drive project. He added that he
would obtain all the information possible concerning the complaint of
rlr. Dietz alleging a pollution of the stream adjoining his property.
Mr. Griffin reported on welfare matters. He stated that the
sum of $"30,834.14 had been spent in the month of February for relief in the
Town of Mamaroneck, or about $4,000 less than was spent in January. He
added that the welfare office is obtaining the services of one additional
case worker.
Ls. Griffin reported on parks. He said he will ascertain what
is being done with the wood obtained from trees which the Park Department
is now trimming or cutting down.
Hr. Iuleginniss reported on the report of the Fire Department
s December 31 ending p
covering g the year 1934, which report had been referred
Y E
to him at the meeting of the Town Board on February 27 , 1935. It-Ir. Fieginniss
stated that the Fire Department and particularly Chief Howe should be
congratulated on the work done during the year as shown in the report and
recommended that the report be accepted and placed on file and suitable
congratulations extended to Chief Bowe and the Department.
Mr. Brennan was appointed a committed of one to prepare a
suitable resolution, which resolution was moved by L'Ir. Brennan, seconded
by Ir. Bates, and is as follows :
RESOLVED, IFITHEAS, Donald C. Howe has retired from the
office of Chief Engineer of the cleaver Street Fire
Department , a postion which he had held for five years
with marked distinction to himself and honor to the
community; and
WHEREAS, the members of the Town Board of the Town of
Mamaroneck, New York, in view of his many acts of
loyalty, fidelity and devotion to duty, desire to
express their appreciation of the aggressive initiative
and dynamic personality shown in his leadership which
resulted in a Fire Department that has functioned
faultlessly;
11071, THFRFFORE, BE IT
RESOLVED, that the Town Board of the Town of Mamaroneck offer
their sincere thanks to Donald C. Howe for his services in
the office in which he found such ample scope for his
executive ability and his many qualities which have ever
characterized his actions as Chief Engineer; and be it
FURTHER RESOLVED, that the citizens of our Town, recognizing
his unselfish devotion to the duties performed in their
�-. q
behalf, express their appreciation of good service and
duty faithfully performed and pay a fitting tribute to
a record without blemish; and be it
FIIRTFMR RESOLVFD, that a copy of the foregoing preamble
and resolutions suitably engrossed and properly attested
be presented to our friend Donald C. Howe.
Mr. Brennan was requested to ascertain the cost of having a
i, copy of this resolution suitably engrossed for presentation to Chief
Hoye.
-
11r. Yeginniss reported on the matter of the report of the
County Transportation Company, which report had been referred to him
at the meeting of the Town Board on February 27 , 1935. He stated that
insofar as he was able to do so he had verified the report, but
that since the books of the company are kept in Boston, he had no means
of checking it accurately. He reported further that upon examining the
c-onsent granted by the Town to the County Transportation Company for
permission to operate in the Town, which consent had been adopted on
Larch 2, 1927, he had found that Section 21 of that consent provided
that the said company should keep the streets over which it operates
"reasonably clear of snow for a width of at least 16 feet. " The Board
discussed the matter but took no action thereon.
A letter dated February 28, 1935, was received from the
Westchester Society of Civil Engineers , Inc. , enclosing a copy of a
resolution adopted by the society at its meeting on February 14, 19359
The letter was placed on file.
The report of the Town Clerk for the month of February was
received and placed on file.
The report of the Receiver of Taxes for the month of February
- was received and placed on file.
A letter dated Larch 2, 1935, addressed to the Supervisor
was received from Yr. Edwin H. Richard requesting his assitance in obtain-
ing an extension of the Larchmont Post Office delivery service on Avon Road
so as to include Durham Road. The Supervisor stated that he had already
r
written to the postmasters of the Villages of Tvarchmont and Tuamaroneck
concerning this matter and requesting that a conference thereon be held
and that he had so notified Hr. Richard. Mr. Richard' s letter was -re-
ferred to the Supervisor for further consideration.
A letter dated March 4, 1935, was received from Tier. and Yrs.
Frank Carpino of 11 Washington Street, Larchmont, concerning a tax bill.
The matter was referred to the Town Attorney.
A letter dated Idarch 59 1935, was received from Greenbaum,
Wolff & Ernst, concerning a tax lien held by their client, Frank Benson,
on Section 9 , Block 40, Lot 24. The matter was referred to the Town
Attorney.
An inventory of all Town property in the Weaver Street Police
Headquarters showing which Town department awned the property and which
Town department used the property was received from Iiss Lae Toomey,
Secretary to Various Boards. The inventory was referred to the Town
Clerk.
At midnight, upon motion duly made and seconded the Board
unanimously resolved to adjourn.
'Z
Town Clerk