HomeMy WebLinkAbout1935_06_19 Town Board Minutes REGUTAR IJTFTIITG OF TES+, TMET BOARD
TG,.TiiT OF IIAIIAP01TECK, IT. Y.
HELD JDITi+. I9, 1935
At the Torn Offices, 118 vest Boston Post Road, Ilamaroneck, 1. Y.
The meeting was called to order by Supervisor L cCulloch at
8-20 P. H.
Present : Supervisor McCulloch
Councilmen. Bates, Brennan, Griffin, Ileginniss.
The presence was also noted of Town Clerk Marvin and Town
Attorney Delius.
The Board convened in executive session.
Iiir, Roy C. Clark of I Shadow Lane , Larchmont, addressed the
Board concerning the resolution passed at its meeting on Iaay 1, 1935,
in regard to taxes open on his property known as Section 6, Block 27,
Lot 278.
On motion duly made and seconded it was unanimously
RESOLVED, that the resolution passed by this Board
at its meeting on Sway 19 1935, concerning taxes on
property owned by Roy C. Clark known as Section 6,
Bloc'. 27 , Lot 27B, be and it hereby is amended so as
to eliminate any reference to the payment of interest
after Ilay 5, 1927 , on tax liens on the above property
on the grounds that on Kay 5, 1927 , Santo Lanza, the
then Receiver of Taxes, certified that there were no
open taxes on this property , and be it
FURTIETR REOSOLVED, that unless the tastes open on the
above described property be paid within thirty days
this resolution become null and void.
? r. Gordon Ferguson, real estate appraiser, addressed the
Board. Iie stated that he represented clients ,who were desirous of
purchasing the Lynn Theater property and wish to effect a compromise
on the unpaid taxes on this property. The matter was referred to the
Tov,n Attorney to take up 7,jith the Village of Ilarnaroneck and Hr. Silas
S. Clark.
The Town Attorney reported that it had been called to his
attention that there was an error in the minutes of the meeting of
the Totinn Board held April 20, 1935, which minutes had been approved
by the Town Board on i'uay 15, 1935, in reference to the application
made by Greenbaum, Wolff w ~?rnst, attorneys representing the pur-
chaser of tax liens upon prope ck 40, Lot
rty known as Section 9 , Blo
24, being the so-called "Lizzie Boyd Property" in the Village of
I2amaroneck. He stated that his report on this matter as set forth
in the minutes above cited should have said that he had been able to
get these attorneys to increase their offer to compromise the tax liens
now owned by the Town on this property from one-third to one-half of
the amount of the liens with interest and penalties and not one-half
of the amount of the interest and penalties only.
On motion duly made and seconded it was unanimously
RFSOLV='D, that the offer of compromise made by
Greenbaum, Wolff L Ernst , attorneys representing
the purchaser of tax liens on property '_mown as
Section 91 Block 40, Lot 24, being the so-called
"Lizzie Boyd Property " in the Village of I.Famaroneck,
as above set forth, be and it hereby is tentatively
accepted on condition that the lien holders complete
their foreclosure and become owners of the property
and upon the further condition that the Village of
iliamaroneck, which also holds tax liens upon this
ise , and be it
rro-oerty accept a similar comprom
FURTHF'R RESOLIJFD, that the minutes of the meeting
of the Town Board held April 20, 1935, be and they
hereby are ordered amended to the extent above set
forth.
The Tom ."attorney reported that he had received a request
from Austin L. Griffen, attorney, on behalf of his client, 1;:r. DeRuzzo ,
owner of property known as Section 8, Block 66 , Lot 1, for the cancel-
lation of the taxes of 1925 and 1926 on this property. The matterzwas
referred to the Town Attorney to take up with ar. Griffen on the same
terms and conditions as the matter of the taxes of Roy C. Clark above
referred to®
The Town Attorney reported that he had received a request
from P_r. G. S. Haight for the cancellation of the 1928 tax on Section 99
Block 53, Lot 11, on the grounds that this tax had been paid although
shoran as open on the records of the Receiver of Taxes. He submitted two
affidavits in support of his contention.
The Board declined to grant this application upon the proof
at present submitted without prejudice to renetrral of the application
if further evidence can be produced.
The Town Attorney reported that he had received a request
from Mr. Irving Wein, attorney representing the ovmer of property
known as Section 9 , Block 12, Lots 3, 119 12, 13 and 16 for "some relief"
under Section 46 of the Tax Lacy. The matter was referred to the Town
Attorney for further investigation and report.
At the conclusion of the executive session the Board convened
in open session.
The minutes of the meetings of Iiay 15, May 18 and Tune 5 were
approved as printed.
The regular order of business was suspended in order to hear
Fire Chief Richard B. Le Vino who addressed the Board. He stated that
paid driver John Liadden of the Fire Department was suffering from a
heart ailment and would be unable in the future to drive a fire truck
although capable of doing maintenance work around the Fire Department
building; that Mr. Kadden had been in the employ of the Town eight
years and was an excellent employee ; that as a result of Yr.. Hadden' s
incapacitation the department now has but ` a_ total of three paid
drivers, of whom only one is on duty at night; that the Fire Council
recommended that Mr. iladden be retained as a "maintenance man" and that
a new driver be employed. He stated further that he believed the Fire
Department budget would permit of this arrangement provided the unfore-
seen expense for a certain type of insurance made mandatory by a law
passed by the 1935 session of the Legislature be met from surplus re-
venues.
On motion duly made and seconded it was unanimously
RH SOLVED, that the Fire Council be and it hereby is
authorized to recommend to the Town Board the name of
a man for appointment as driver of the Fire Department
at a salary of 2)1,800 per annum, this recommendation
to be presented to the Board at its next regular meet-
ing on July 179 1935.
Chief LeVino also stated that the Fire Department would
appreciate approval by the Board of the proposed fire prevention code
tiihich the department had recently submitted to the Board.
There being no further persons present who desired to address
the Board., the regular order of business 17as resumed.
Hr. Brennan reported on the request by Carmine Tortorella
for permission to erect a sign on his building at 175 1yrtle Boulevard
which matter had been referred to him at the meeting on June 5, 1935.
He recommended granting the request and submitted plans showing the
proposed sign...
2
On motion by M.r. Brennan, seconded by r. Griffin, it was
unanimously
RESOLVED, that in accordance with the terms of the
resolution of the To n Board adopted at its meeting
" on August 29 1933,; permission is hereby granted to
Carmine Tortorella to erect a sign on his building
at 175 1yrtle Boulevard, said sign to be as shown
on plans submitted to the Board at this meeting.
LIr. Brennan reported that he had investigated the request of
The Rev. Roberti . Russell for a red reflector signal at the corner
of France Place and Rochelle Road, which matter had been referred to him
at the meeting of the Town Board on June 5, 1935. He stated that this
signa had been ordered and would be installed promptly.
Hr. Brennan reported on the complaint of i'. H. Yeale , 28 Yjaple
Hill Drive , concerning vacant lots alleged to be filled with rubbish on
Iiaple Hill Drive, which matter had been referred to him at the meeting
on June 5, 1935. He stated that the rubbish had been removed and the
lots cleaned up.
Hr. Brennan reported on the complaint of I: rs. C. Lee of 115
Harmon Drive , concerning refuse, etc. on vacant lots opposite the
Gardens Lake , which matter had been referred to him at the meeting on
June 5, 1935, He stated that this property is owned by the Westchester
County Park Commission with whom he had taken it up and that the commis-
sion will take care of the matter.
LIr. Brennan reported on the request of Ifrs. L. Petterson of
Blossom Terrace for the installation of street lightsto serve that
street.
On motion by Er. Brennan, seconded by 'Er. Bates, it was
unanimously
RESOLVED, that the Westchester Lighting Company be
and it hereby is authorized, empowered and directed
to install one street light on Merritt Place or
Blossom Terrace , the exact location of this light
to be determined by 17r. Brennan and Superintendent
of Highways I;Ierola.
IZr. Brennan reported that he had received a complaint of a
mosquito ,-breeding condition near g=oody Lane and that this condition
had been remedied.
Iar. Brennan reported that as a result of the action of the
Town Board in changing the name of Chatsworth ! venue , Forth to North
Chatsworth avenue a total of twenty-four (24) new street sign name plates
would be required. He stated that these new name plates would be in-
stalled as the need for replacements arose.
Hr. Brennan reported progress on the Fifth Avenue drain project.
Mr. Bates reported on sewers. He stated that the Rebeau Drive
project had been completed and that work was now progressing on the
Knollwood Drive project.
- Yr. Bates presented a letter dated June 149 1935, from the
Westchester Sanitary Sewer Commission concerning the matter of water
oozing from the ground on the property of the Bonnie Briar Country Club.
after discussion the matter was referred to IWr. Bates for further in-
vestigation.
Vr. Bates reported on the complaint of Mr. Raymond T. Rich
of 12 Echo Lane , Larchmont, concerning an alleged violation of the
TDiealtl Lava. He t eed th t this r,2 tt r _was one fo &e Coun . ealt
epar men and da he ha sc notifieed Lr. Rich an the Country eal� z
Department.
The Supervisor reported that the County Health Department had
been in communication with Er. Richard Clements and Hr. C. T. Kelsey,
both residing on Althea Lane , Rouken Glen, concerning the installation
of sewers on that street. He stated that he would take the matter up
with Hr. Bates and van. C. W. Loody, developer of Rouken Glen.
In connection with this matter the Clerk presented a letter
from k?r. Zelsey, dated June 17 , 1935, inquiring about sewers. The letter
was referred to Mr. Bates.
The financial reports of the Supervisor for the month of hay
were received and filed.
The report of the Receiver of Taxes for the month of hay was
received and filed.
A letter dated June 109 1935, was received from the State De-
partment of Public Works stating that the sidewalk replaced at the corner
of the Boston Post Road and Dillon Road is entirely satisfactory. The
letter was ordered filed.
The Town Clerk reported that he had been served with a summons
and complaint in the action entitled "Garden Properties , Inc. vs. Patdor
Company, Inc. , Town of Mamaroneck, et al" , being a foreclosure of tax
lien and that he had forwarded the papers to the To-rrn Attorney without
first presenting them to the Town Board because an early answer was de-
manded. The action as above set forth was unanimously approved and the
Town Clerk was authorized to forward all such summonses and complaints
to the Town Attorney without first presenting them to the Town Board in
the future.
A letter dated June 11, 19359 was received from Julien T'lfenbein
of 47 isrest Brookside Drive , expressing his appreciation for the prompt
and efficient manner in which the Tovm repaired the gutter on Fernwood
Road. The letter was ordered filed.
The Town Clerk presented a letter dated June 19 1935, signed
by him and addressed to the Town Board concerning fees due him as Regis-
trar of Vital Statistics for the years 1930-1934 inclusive and compensa-
tion due him as Custodian of Voting 11achines for the years 1932-1934
inclusive , together with duly verified claims for these fees and compen-
sation totalling $914.25. The letter stated that the Town Clerk was
willing to refund to the Tovrn the salary of .'500 per annum heretofore
paid him as Registrar of Vital Statistics for the years 1930 and 1931,
' j h xmminers from the office of
which payments had been criticized o,� the s
the State Department of Audit and Control on the grounds that he should
have been compensated by means of fees instead of by means of salary.
The Clerk presented a letter dated June 18, 1935, addressed to him by
L..r. H. T. O 'Brien, Director of the Bureau of L-Tunicipal Accounts of the
State Department of Audit and Control, stating that Tar. O 'Brien believed
he, the Tovrn Clerk, was entitled to the fees as Registrar and the com-
pensation as Custodian, as above set forth. The matter was referred to
the Tom Comptroller.
The Supervisor reported that he had been informed that the
former Town garbage dump near icifth Avenue was being used for unauthorized
dumping of refuse , thereby creating a nuisance to nearby residents. The
matter was referred to Superintendent herola for investigation and report.
The Town Attorney reported on the matter of the proposed estab-
lishment of a garbage district, which matter had been re_`erred to him
at a previous meeting. He called attention to the requirerner_t that suci
a district can be set up only on the submission of a petition signed by
owners of fifty percent of the assessed valuation of the territory pro-
loosed to be included within the district and by fifty percent of the
resident taxpayers. The matter of arranging the method of obtaining these
si; natures was laid over until the next meeting.
The Town attorney reported bn the matter of the proposed amend-
ments to the zoning Ordinance , which matter had been referred to him at
a previous meeti-ngland submitted the proposed text of such amendments.
The matter was referred to a committee consisting of 1,s.essrs. 1,1eginniss
and Griffin for investigation and report.
The Town Attorney presented a petition submitted by the Board
of Assessors dated June 179 1935, for the correction of the Assessment
Roll in certain particulars. He recommended approval of the petition.
On motion by IaIr. Neginn.iss, seconded by Er. Bates, it was
unanimously
RE`SOLTTED, 71 REAS, the Board of Assessors has presented
a petition dated Tune 17, 1935 , asking for certain
corrections: in the Alssessment Rolls of the Town of P;[ama-
roneck pursuant to the provisions of Section 33 of
Chapter 105 of the Laws of 1916, as amended, in certain
particulars, which would definitely appear from said
petition presented to this Board; and
i`thTREAS, it appears to this Board to be just and fair
that such corrections be wade,
ITOVV7 TflE'REFORE, BE IT
RESOLVED, that the following corrections be made to
the Assessment Rolls of the 'Town of ITama-roneck for
the years set forth below pursuant to the provisions
of Section 33 of Chapter 105 of the Laws, of 1916, as
amended, to wit:
Under Paragraph 5 of the above mentioned section, property
now appearing on the 1933 roll for 1934 taxes a-ad the 1934 roll for
1935 taxes:
Sec. M.I. Lot Owner Size Land Improvement Total
1 6 138-139A Grotonna Realty Co. 80/100 ;2,-000 _ - p29000
be corrected as follows:
Sec. Blk. Lot Owner Size Land Improvement Total'
1 6 138A Occum Realty Co. 65/100 $1$600 - 'gs,600
1 6 138B-139A Grotonna Realty Co. 15/100 400 400
Under Paragraph 5 of the above mentioned section, property
now appearing on the 1931 roll for 1932 tales:
Sec. Blk. Lot Owner Land Improvement Total
1 9OA 21 Tories. Latvbden Sons,Inc. $1s'000 - $ 15000
be corrected as follows :
Seca Blk.. Lot Owner Land Improvement Total
I 90A 21B Tames E. Clark ; 400 - ° 400
1 90A 21A Tames Lambden Sons, Inc. $5600 8600
Under Paragraph 1 of the above mentioned section, property
now appearing or the 1934 roll for 1935 taxes:
Seca Blk. Lot Oviner Land Improvement Total
6 63 16B D. A. Schulte , Inc. $17, 500 $7269000 $ 43 , 500
be corrected to read as follows :
Sec. Blk. Lnt Owner Land Improvement Total
6 63 16B D. A. Schulte , Incur x'178500 $18000 $35500
on the condition that the owner discontinue the
certiorari proceedings for the review of this
assessment now pending in the Supreme Court,
Westchester County,
FURTHER RESOLVED, that the Board of Assessors be
instructed to correct the Assessment Roll accordingly
and that the Receiver of Taxes be authorized and
directed to issue bills and receipts for taxes upon
the aforesaid property in accordance with the correc-
tions made in this resolution;
F'URTHE'R RESOLVED, that the Town Clerk furnish copies
of this resolution to the owners of the aforesaid
properties, the Receiver of Taxes, the Board of Assessors
and the Comptroller„ and
FURT17R RESOLVED, that the amount of excess tax paid
by D. A. Schulte , Inc.- by reason of the correction of
th e assessment sessment roll as aforesaid, be refunded to the
taxpayer upon the filing of a claim with the Comptroller.
Mr. Brennan submitted to the Board the engrossed resolution
of appreciation for the services of former Fire Chief Donald C. Hoge ,
which had been authorized by the Board at a previous meeting. The
Supervisor requested ?_"r. Howe , who was among those in the audience ,
to step forward. The Supervisor expressed to Tyr. Howe the esteem in
which the Board held him and stated that on behalf of the. Board it
gave him great pleasure to present the engrossed resolution.
Ir. Howe accepted the resolution with a brief expression of
his sincere thanks for the action of the Board.
On behalf of the Fire Department, Chief LeVino concurred in
the remarks made by the Supervisor and expressed his pleasure at being
the first to felicitate %_r. Howe upon receiving the resolution.
The Supervisor reported to the Board that he had received
from the Board of Education, Union Free School District No. 1, Tov�rn of
2amaroneck, a copy of the budget of the School District for the ensuing
school year. The budget was ordered entered in the minutes as follows:
_.. BUDGE T
The following is a statement of the sums necessary to be
raised by tax for Teachers ' Wages and other necessary expenses of the
Schools:
GFIERAL CONTROL
Salaries, Superintendent of Schools,
Treasurer, Clerk, Clerk to Super-
intendent, Attendance Officer $13, 701.00
District % eeting and School Election 500.00
Treasurer's Bond 375.00
Postage and Stationery 200. 00
Superintendent 's Mcpense 250.00
Transportation, Superintendent , Supervisors,
and x'ttendance Officer 19050.00
School Census 500 .00
750.00
Auditing
2
Legal Expense ,500.00
Cards, Reports , etc. 500.00
200. 00
Adult r'':ctivity
ISISTRUCTIONAM SERVICE
-- Salaries, Teachers, Supervisors, Principals
and. Principals ' Clerks 4239290.00
Evening School 52800000
Text Books 7 ,000.00
Instructional Service 132000.00
Commencement, Husic, etc. 500.00
Record Forms , etc. 19200.00
OPERAT T_CI! OF PLAIT T
Janitors ` Salaries $417715.00
Fuel 18,000.00
""rater 3,200,00
Light and P'owe r 129000.00
Janitors, Supplies 79000.00
Telephone and Hiscellaneous 41500.00
I!AIETEEAITCE OF PLAITT
- Upkeep of Grounds, Repair of Buildings,
Repair of `=eaters, Repair of Furniture ,
Other Repairs and Replaccments 23,000.00
Iiechanics 3, 500. 00
Supervisor of liaintenance 31500.00
FIXED CHARGES
Insurance 8, 500 .00
Pension Fund 27,000. 00
Taxes and Assessments 3,000. 00
DEBT SERVICE
Bonds 1469500.00
Interest on Bonds 156,871.25
Collection Charges 325.00
Short Term Interest 1,500. 00
CAPITAL OUTLAY
Neva Land and Buildings, Improvements
on Buildings and Grounds 41000.00
New Furniture 19500. 00
Instructional Apparatus 3, 500.00
AUXILIARY AGENCIES
Salaries, Librarians, I.Iedical Inspector,
Nurses,; Dentist and Dental Hygienist 129880.00
Library Books 2,000.00
_ Other Library Expense 200. 00
1-mrses ` Supplies, Dental Supplies and Glasses 350. 00
Recreation, and Athletic Supplies 2, 500.00
Bus, l:.ilk and Lunches 2,000.00
; 9601.357.25
Less Estimated State School Idoney 145 000.00
7?815,357.25
Credit on account of Additional
State School Honey 251000.00
Total BUDGET $790 ,357.25
Mamaroneck, -`Jew York P. G. Van Scive-r, Clerk
April 119 1935. Board of Education, Union
Free School District Fo.. 19
Town of Mamaroneck, i;. Y.
The Supervisor reported to the Board that he had also received
from the Board. of Education of Scarsdale School District sio. 2, a part
of which lies in the Town of 11'amaroneck, a copy of the budget of the
-..-- School District for the ensuing school year. The budget was ordered
entered in the minutes, as follows :
The following is a statement of the sums necessary to be
raised by tax for teachers ` salaries and other expense of the shhool.
Business Administration 485.00
Educational Administration 145.00
Expenses of Instruction 7 ,400.00
Operation of School Plant 19770.00
Haintenance of School Plant 100.00
Auxiliary Agencies and Sundry Activities 1,270.00
Fixed Charges 350.00
Debt Service 2,:100. 00
Expenditures in Capital Outlay 11500.00
: 15,120.00
Total Budget Expenditures 0159120®00
Less: Estimated Revenues 414..00
Total Budget $14,706.00
At 10 :40 P. MV the Board unanimously resolved to adjourn.
Twin Clerk
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