HomeMy WebLinkAbout1935_03_21 Town Board Minutes REGULAR Tv7EFTIITG OF TIC' TOTT BOARD
TO,,TZ OF v AMAROINTFC , IT. Y.
HELD MARCH 215, 1935
At the Town Offices, 118 West Boston Post Road:, Mamaroneck, New York
The meeting was called to order by Supervisor 'McCulloch at
8:20 P. Id..
Present : Supervisor Vic-Cul"loch
-- Councilmen Bates, Brennan, Griffin, Lleginniss.
The presence was also noted of Town Clerk Marvin and Town Attorney
Delius.
The minutes of the meeting of March 7, 1935, were read by the
Clerk and approved as read.
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.
Hr. K. Engelsted of 1 France Place , Larchmont, addressed the Board
concerning his property on Rockland Avenue. He asked that the street line
be altered slightly so as to eliminate a sharp corner and stated that he
would deed to the Town the land necessary for this proposed change if the
Town in return would provide him with some fill to raise the grade of part
of his property.
On motion by Iir. Griffin, seconded by 11r. Bates, it was unanimously
RESOLVED, that Engineer A. J. Foote be and he hereby is
authorized to make a survey of the property in question,
to prepare a description of the property proposed to be
deeded by Hr. Engelsted, and to notify the Town Board how
much fill would be required to comply with the request
of Pr. Engelsted.
Mr. Anthony Sansone, Iwamaronec'k Village Counsel, addressed the
Board concerning a triangular plot of land lying in the Village of Mamaroneck
at the intersection of Orienta Avenue and. Old Post Road, known as Section 9 ,
Block 58A. He stated that he had been under the impression that Yr. Fred-
erick H. Sherman was the owner of record of this property on which certain
taxes are unpaid.
Ilr. "Sherman thereupon addressed the Board and stated that he had
not o;med the property for the past three years and that he had so notified
the Town Assessors, that he had deeded the property to a Lr. Leo O'Brien
whose office is in Tdount Vernon but that Mr. O 'Brien had never recorded
the deed. lir. Sherman added that he had been served with a summons and
complaint in respect to this property and was appearing before the Town
Board in order to "set the record straight. "
Hr. Sansone declared he would endeavor to cooperate with Town
Attorney Delius in an effort to work out a solution of the matters relating
to this piece of property which would be satisfactory to both the Village
and the Town.
Engineer A. J. Foote addressed the Board and presented a sketch
and map showing the proposed storm water drain along the westerly end of
Fifth Avenue to connect with the Pine Brook Drain. He stated that a low
level drain extending about 420 feet from the curve in Fifth Avenue wester-
ly to the Pine Brook Drain would cost about $?3,000.00 for materials and
supplies exclusive of labor. From the curve on Fifth Avenue easterly to
Madison Avenue the drain would be an open ditch. To put this open ditch
under ground would cost about X3,500.00 additional for materials and sup-
plies exclusive of labor, he added.
After discussion it was upon motion by r. Bates, seconded
by Irr. Griffin, unanimously
RESOLVED, that the construction of the low level drain
on Fifth Avenue for a distance of about 420 feet from
the curve on Fifth Avenue westerly to the Pine Brook
Drain as shown on the map submitted by Engineer A. J.
Foote be and it hereby is approved as a T. E. R. A.
work relief project at a cost to the Town for materials
and supplies of about : 3,000.00 exclusive of labor; and
- be it
FURTHER RESOLVED, that Engineer A. J. Foote be and he
hereby is engaged to prepare final plans and detailed
estimates of the cost of the construction, his com-
pensation for this work not to exceed the sum of ; 50.00,
and that he furthermore be engaged to engineer this
project at a cost to be determined later.
Chairman Eklund of the Board of Assessors addressed the Board
to present a petition dated March 21, 1935, requesting the Town Board
to make certain corrections in the assessment rolls for the year 1935
pursuant to Section 33 of the Westchester County Tax Act. The matter
was laid over for consideration at a subsequent meeting.
There being no further persons present who desired to address
the Board the regular order of business was resumed.
Yr. Brennan reported on highway matters. He stated that he
had been -in consultation with the Park Commission concerning the cutting
down of a certain tree on 'leaver Street. The Board referred the matter
back to Mir. Brennan for further consultation with the Park Commission.
Yr. Bates reported on sewer matters. He stated that he had
conferred with Engineer W. W. Young of the Westchester County Sanitary
Sewer Commission concerning the complaint of Yr. Henry Dietz about the
discharge of waste matters into the stream running through and along the
- property of Ir. Dietz, which matter had been referred to him at the meet-
ing of the Board on iiarch 7, 1935, and that Yr. Young had stated that he
would take steps to remedy the condition complained of and that he ,
Yr. Bates, had so notified -Lr. Dietz. He added that he would notify
the County Sanitary Sewer Commission of the agreement entered into in
1933 between Yr. Dietz and the Town of Liamaroneck covering the discharge CC
waste matters into the stream. He also reported satisfactory progress on
the Rebeau Drive sewer project.
Lir. Ideginniss reported on finances. He presented the "Financial
Report Covering the Audit of the Books, Records and Accounts of the Town
of Yamaroneck for the Year Ending December 31, 1934" together with the
accompanying financial statements and supporting schedules, as prepared
by Glick-Freedman, the Town auditors. In this connection Yr. 1seginniss
stated that he would like to see the bookkeeping of the Town in such
shape that the reports could be filed more promptly. He called particular
attention to an "Exhibit A - Com-oarative Consolidated Balance Sheet of
Assets, Liabilities, Surpluses and Reserves at December 31, 1934 and
December 31, 1933 ".
The Supervisor presented a "Statement of Cash Receipts and
Disbursements for the Calendar Year 193411 , containing the certificates
-- of the ban's and trust companies where Town monies are deposited showing
the amount of such monies so deposited with such banks or trust companies;
"Statement of Cash Receipts and Disbursements for the Kronth of February
and Two VIths Ended February 289 1935 - General Fund and Special Sewer
sand"; also the financial report for the month of January, 1935.
The Supervisor stated that he had requested and obtained from
the State Comptroller an extension until April 1, 1935, of the time within
which to submit the "Annual Supervisor 's Statement" as required by law,
which extension, he said, was made necessary by reason of the nevv and more
complete basis on which the Town financial records are now being kept.
2 4.
On motion by Iar. Yeginniss, seconded by Yr. Brennan, it was
unanimously
RESOLVED, that certified copies of the Supervisor's Annual
Financial Report, more correctly described above as
"Statement of Cash Receipts and Disbursements for the
Calendar Year 1934" and the Highway Report for the year
1934 be and they hereby are ordered published in The Daily
Times, a newspaper published in the Town and Village of
Iiamaroneck, in accordance with the provisions of Section 29,
Subdivision 10 of the Town Law.
The Supervisor reported that of the December, 1934 welfare
claims about $4,000..00 are still unpaid as well as most of the January
and February welfare claims and that refunds are due from the State of
Few York on about $65,000..00 of welfare claims.
The Supervisor reported that it appeared probable that the
bill now pending in the Legislature to distribute to the villages some
of the revenue now coming to the Town from liquor taxes will not pass.
The Supervisor reported that the special validating act for
the Town of Yamaroneck, as approved by the Town Board at a previous
meeting, had been passed by the Senate and was awaiting action in the
Assembly.
The Supervisor reported that he had written to the County
Transportation Company in reference to the proposed change in the i;ams-
roneck-Larchmont bus route , as discussed at a previous meeting of the
Town Board; that he had received no reply to his letter and that he was
writing again.
The Supervisor reported that he had conferred with the post-
masters of Larchmont and Idfamaronec'k in regard to the proposed extension
-- of mail delivery to the Larchmont Ridge section and that it appeared un-
likely that such extension would be made until more houses have been
constructed in that section.
The Supervisor presented a letter from furs. A. Id. Rose of
Harmon Drive dated February 16, 1935, concerning Assessor Eklund. The
letter was referred to I'Ir. Eklund for a reply to the Town Board on the
matters contained therein.
The Town Attorney stated that it would be in order for the
Town Board to designate the newspaper in which the Receiver of Taxes
and Assessments should publish the notice of the collection of State ,
County, Town and District taxes and Special Assessments, which levies
become due and payable on April 1st.
On motion by Hr. Yeginniss, seconded by Yr. Brennan, it was
unanimously
RESOLVED, that in accordance with the provisions of
Section 26 of the Westchester County Tax Act, The Daily
Times be and it hereby is designated as the newspaper
in which the Receiver of Taxes and Assessments shall
publish the notice of the collection of the State , County,
Town and District taxes and Special Assessments; and
be it
FURTHER RESOLVED, that said publications be made on
Larch 25, 1935; and be it
FURT= RFSOLVFD, that in accordance with the provisions
of Section 26 of the Westchester County Tax Act, the
Town Board do and it hereby does direct the Receiver of
Taxes and Assessments to mail to each taxpayer of the
Town of ISamaroneck, whose address is known to said Receiver
of Taxes and Assessments, a tax bill for all taxes and
assessments, the expense thereof to be a town charge.
The Board thereupon considered the matter of permitting the
payment of the 1935 State , County, Town and District taxes and Special
Assessments in instalments.
On motion by Hr. L4eginniss, seconded by I-Ar. Brennan, it was
upon roll call unanimously
RESOLVED, that pursuant to Section 96A of Chapter 60
of the Consolidated Laws as amended, known as the Tax
Law, the Receiver of Taxes and Assessments of the Town
of Lamaroneck is authorized to collect the 1935 Gounty,
Town and District taxes and Assessments for street and
sidewalk improvements which become a lien April 11 1935,
in two partial payments each amounting to fifty per cent
of the total of said taxes and assessments.
FURTHER RESOLVED, that the Receiver of Taxes and Assess-
ments is authorized and empowered to receive, such
partial payments or instalments of taxes and assessments
at any time prior to the sale of tax liens but subject
to the same penalties as are specified and provided in
Section 18 of Chapter 105 of the Laws. of 1916 as amended
for the neglect to pay the total amount of said taxes
and assessments.
FURTHER RESOLVED, that the acceptance of any such partial
payment or instalment of the 1935 taxes and assessments
shall not be deemed to affect in any manner any right
of the Town of Mamaroneck under any General or Special
Law to enforce collection of any unpaid balance of such
taxes and assessments as may remain due and owing to the
Town of 'Eamaroneck but such rights and powers shall remain
in full force and effect to enforce the collection of the
unpaid balances of such taxes and assessments together
with interest, penalties and other lawful charges.
Mr. Brennan reported that in accordance with the request made
-- of him at the meeting of the Town Board on Idarch 7, 1935, hehad ascer-
tained that Superintendent of Highways Kerola would be able to return
to 5., ork on April 1, 1935.
The Supervisor recommended that the Board give some considera-
tion to the matter of issuing food tickets for public welfare which
would be accepted at chain stores. The Board discussed the matter at
some length and took no definite action.
The report of the Receiver of Taxes and Assessments for the
month of January, 1935, was received and filed.
The report of the Welfare Office for the month of February,
1935, was received and filed.
A letter dated larch 15, 1935, was received from the Italian-
American Civic Association of Larchmont, Inc. concerning the employment
of residents of the unincorporated section on town projects. The matter
was referred to the Park Department and the Highway Department for
report back to the Town Board of the number of men employed in the de-
partments, their residences and the pay received by them on both regular
and supplementary payrolls since January 1, 1935.
A letter dated March 14, 1935, was received from =rank C. Iioore ,
Executive Secretary of the Association of Towns of the State of 1 7evr York,
-- in reference to the amendment to the Executive Lavr proposed by I'r.
Franklin Brooks at a recent meeting of the Town Board. He stated that he
has not observed the introduction of any bill embodying the proposed
changes. The letter was placed on file.
An estimate dated March 12, 193-5, in the amount of $273.51 was
received from the Westchester Joint Water Works, No.1 of the cost of
installing 113 feet of 6 inch pipe on Highland Place together with a
claim in the amount of $205.13 representing a deposit of 75 per cent of
the estimated cost of the above installation. An accompanying letter
from Wm. F. Thrasher, Superintendent of the `rater WJorks, was received
249
scatt ng.;.t`nat in accordance with a new regulation of the5oard of Trustees
of the rvanter 'Works a deposit from a municipality requesting installation
of a water main or hydrant of 75 per cent of the estimated cost of such
installation would hereafter be required.
On motion duly made and seconded it was unanimously
RESOLVED, WI-TREAS, an estimate dated Harch 12, 1935,
in the amount of $273.51 has been received from the
Westchester Joint Water E orks No. 1 for the cost of
installing 113 feet of 6 inch water main from the
existing spur and valve on Rockland Avenue northerly
along Highland Place including excavating and back
-- filling;
ITIOw, THFRFFORE, BF IT
RESOLVED, that the Westchester Joint Water Works
No.. 1 be and it hereby is authorized, empowered
and directed to install for the Town of hamaroneck
and to charge the Town of I:Iamaroneck, the actual
cost thereof as ascertained and approved by the
Board of Trustees of the Westchester Joint Uater
Works Yo. 1, the main as above described.
On motion duly made and seconded it was unanimously
RESOLVED, that the claim of the 4 lestchester Joint
Water Works No. 1 in the amount of p'205.13 represent-
ing 75 percent of the sum of `3273.51, which sum i6
the estimated cost of installation of the main above
authorized, be and it hereby is approved and ordered paid.
Insert, A (see below)
A -letter dated l rch 8, 1935, was received from Silas S.
Clark, special collector of delinquent taxes (heretofore and from time
to time erroneously referred to in these minutes as "Special Counsel" ,
which reference is hereby stricken out and the words "special collector
of delinquent taxes"hereby substitu�d therefor) concerning Section 8,
--
Block 81, Lots 12 and 13. Y..r. Clark stated that the tax of 19289 sale
1 9 in the amount of ')8.93 each of the above lots was included
_,. of 92 , '��}
r
in the items turned over to hii , le Town for collection; that on my 23,
1934, hiss Targaret I1cl7amara , the owner of these lots, paid taxes in full
on these tyro lots; that subsequently he had found that taxes on these
two lots had been paid on September 279 1929 and that a receipt for this
payment was filed in the office of the Clerk of the County of Westchester
in File Tao. 1293-1929 in the Referee's report of sale in the action
entitled "Dahn vs Holland et al" although these taxes had not been can-
celled of record in the office of the Receiver of Taxes and Assessments.
Clark recommended that inasmuch as the payment by I, iss Iicamara on
July 23, 1934, constituted a duplicate payment, the amount paid by her
on that date should be credited to her to be applied against other taxes
due against these lots.
Henry R. Dillon, Receiver of Taxes and Assessments, addressed
the Board and confirmed the statements contained in the letter of
Er. Clark.
Cn motion duly made and seconded it was unanimously
RESOLVED, THERFAS, this Board is satisfied by the
evidence submitted by Silas S. Clark, special collector
of delinquent taxes, that the tax of 19289 sale of 1929 ,
on Section 8, Block 819 Lots 12 and 13 , has been paid twice ;
NOW, TIIFRFFORF, BE IT
RESOLVED, that on the recommendation of I:Ir. Clark the
amount of the second and duplicate payment of the aforesaid
taxes on these lots be and it hereby is ordered credited
to the owner thereof so that the same may be applied on
other taxes due against these lots.
251
The Clerk suggested to the Board that as a matter of convenience
and uniformity certain street names in the town or the spelling thereof
might well be changed. He was directed to take the matter up with the
interested neighborhood associations and/or residents on these streets.
A letter dated Larch 15, 1935, was received from I:irs. Lucy
Doggett of Larchmant concerning unpaid taxes for the year 1921, on
Section 7, Block 12A, Lots 1- arid 2. The matter was referred to the Totem
Attorney.
A letter dated Harch 20, 1935, was received from the Rev. Francis
,T. H. Coffin, Rector of St. Johr_' s Church of Larehmont, concerning taxes
for the year 1925 on Section 7, Block 60, Lot 1. The matter was referred
to the Receiver of Taxes and Assessments.
The Supervisor reported that the federal government desired
to receive lists of contemplated local improvement projects for possible
inclusion in its proposed work relief program; that from Washington
had been sent out letters asking for lists of such projects but that
these letters had been addressed only to the mayors of the local muni-
cipalities and that no letters had been addressed to supervisors. Con-
sequently, he stated, he had not received such a request. However, he
had subsequently obtained a form on which to list such projects and that
he was now engaged in preparing such a list.
The Supervisor stated that it was customary for the Town to
yoerrilit employees of the Westchester Soint Water Works to stamp on the
outgoing town tax bills a statement to the effect that water bills were
unpaid on certair_ pieces of property. The matter of continuing this
practice or of discontinuing it was referred to the Supervisor with
power contingent upon his obtaining an opinion from the Town Attorney
as to the town 's obligations in this connection.
The Supervisor presented a postal card which he had received
from Superintendent of Highways Lerola from Slew Canaan, Conn. , stating
that he , Sr. Taierola, was improving in health.
The Supervisor reported that he had received a letter dated
Illarch 14, 1935, from the Weaver Street Fire Department giving notice
of the illness of John. -iadden, one of the paid drivers. The Board agreed
that he should be continued on the payroll during his illness.
The Town Attorney informed the Board that the Town as a
municipal corporation had no'.: right, in the event that it so desires, to
collect garbage , ashes and refuse other than by contract but that if a
garbage district or did ricts were set up the districts could then -do
this work and use its or their own trucks for the purpise. He stated
that it would be advisable for the Board to consider the matter of
establishing a garbage district or districts so as to be prepared to do
its own collecting if that seemed desirable.
On motion by l'r. Bates, seconded by Kr. Griffin, it was
unanimously
RESOLVED, that the Town Attorney be and he hereby is
directed to prepare such forms of petitions and maps
as may be required by law in preparation for the
possible establishment of a garbage district or districts.
At 11 :35 P. K. the Board unanimously resolved to adjourn.
Town Clerk `
nsert A
A petition. dated Barth 7, 1935, was received from Llartin
Ginzler, attorney for Frank E. Hirshstein, requesting cancellation of
certain taxes on Section 9 , Block 39 , Lot 3. The petition was referred
to the Town Attorney.
I