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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