HomeMy WebLinkAbout1935_10_02 Town Board Minutes REGULAR MEETING OF THE TOTN BOARD
TOWN OF ILA�HARONECK NEW YORK
HELD OCTOBER 23 1935
At the Town Offices, 118 rest Boston Post Road, Mamaroneck, N. Y.
Tyr. Meginniss called the meeting to order at 8 .1.0 P. I . and
acted as presiding officer until the arrival of the Supervisor at
8:30 P. ?1.
Present: Supervisor ij!cCulloch
Councilmen Bates, Griffin, Meginniss.
Absent: Councilman Brennan
The presence was also noted of Town Clerk 'Marvin and Town
Attorney Delius.
The minutes of the meeting of iugust 7, 1935, were approved
as corrected. The minutes of the meetings of August 20, 1935, August 30,
1935, and September 3, 1935, were approved as printed.
The regular order of business was suspended in order to hear
those persons present who desired to address the Board.
Sr. 17illiam H. Lawson addressed the Board concerning the
apportionment of taxes on certain lots of which the deed of sale had
not yet been recorded. He visa directed to take the matter up with the
Receiver of Taxes and Assessments.
Highway Superintendent Herola informed the Board that he had
been requested by residents of Leafy Lane to improve the surface of that
street. The Town Clerk called to the attention of the Board the fact
that this street is not owned by the Town. He was directed to inform
the residents of the street that the street is not owned by the Town
and that it should be dedicated to the Town before the Town can make
any improvements thereon.
Fire Chief LeVino, addressed the Board concerning Fire Preven-
tion Week, October 6th - 12th. He stated that as part of the observance
of this week the department would hold its annual inspection on ionday,
October 7 , 1935, at 8 P. H. and requested the entire Town Board to attend.
The Board accepted the invitation with thanks and every member was urged
to be present.
Fire Chief LeVino reported that John ': adden, assistant engineer,
who had been in the service of the Fire Department for nearly ten years,
died on September 25, 1925.
On motion by Mr. Sates, seconded by tr. Griffin, it was
unanimously
RESOLVED, WHEREAS, John T. Redden, served in the Fire
Department of the Town of Lamaroneck for nearly ten
years in a most loyal and efficient manner;_ and
J'r.EREAS, death has taken him from our midst;
N0W, THEREFORE, BE IT
RESOLVED, that this Town Board express its sincere regret
at the death of John T. $Sadden and extend to his bereaved
family its deepest sympathy; and be it
FURTHER RESOLVED, that the Town Clerk send a certified
copy of this resolution to his family.
Highway Superintendent IMerola reported on the Fifth Avenue
drain work relief project. He stated that the project would require
an expenditure for labor of X3,000 to 4,000 less than originally
esti�,ated. He recommended that the Town employ part of this surplus
labor appropriation to extend this drain easterly a distance of about
100 feet at a cost to the Town for materials and supplies, etc. of
about $800.
113
On motion by Hr. Bates, seconded by Mr. Griffin, it was
unanimously
RESOLVED, that on the recommendation of Superintendent
Ilerola the drain now under construction on Fifth Avenue
be extended easterly about 100 feet; and be it
FURTHER RESOLVED, that the sum of not to exceed f800
be and it hereby is appropriated to pay the cost of
- - materials, supplies, etc . for this extension.
At this point Supervisor McCulloch arrived and took the chair.
Mr. Martin E. King, attorney for I-x. John 1,1urdock, addressed
the Board concerning the matter of a proposed road through the property
of the Johnethel Realty Corporation owned by Ivir. 1,4urdock, extending from
Fenimore Road to Old 'Nhite Plains Road. 11r. King presented a letter
signed by Mr. Murdock as president of the Johnethel Realty Corporation,
dated October 2, 1935, offering to dedicate to the Town of Mamaroneck
the land necessary for the above described road, to be known as IMurdock
Road, being a strip 60 feet wide and about 3500 feet long. The letter
stated that the Johnethel Realty Corporation would have all the sub-
surface utilities installed prior to the laying of the pavement of said
road. The letter was accompanied by a map prepared by Engineer E. J.
Van Etten of iVez, Rochelle . The letter and map were received and laid
on the table pending action by the +-orks Progress Administration on a
project to have this road constructed as a w. P. A. project.
There being no further persons present s;ho desired to address
the Board, the regular order of business was resumed.
A letter dated September 30, 1935, was received from Fire Chief
LeVino suggesting that the Supervisor address an open letter to the
citizens of the Town through the medium, f the local press, calling to
m
their attention Fire Prevention ti'eek and inviting them to visit fire
headquarters where there will be an exhibition of safety appliances and
fire preventive devices for the home . The Board expressed no objection
to such action by the Supervisor.
A letter dated September 30, 1935, was received from Fire Chief
LeVino stating that the paid drivers of the department were not in
favor of participating in the State Retirement Fund. The letter was
ordered filed.
11r. Vito Luceno, assistant in the office of the Town Comptroller,
reported to the Board that he had tabulated assessed valuations of the
property owners who had so far signed the petition for the establishment
of a garbage district and that the valuation of the uroperty thus tabu-
lated was less than the amount required by law for the establishment of
such a district. He stated that tc date the sum of :550 had been spent
for salaries for two men to obtain signatures for the necessary petition,
each man having worked eleven weeks at X25.00 a week.
The Supervisor stated that on July 17 , 1935, the Board had
authorized the employment of two men for a period of six weeks; that
on August 30, 1935, the Board had authorized their employment for an
additional period of two weeks, and that on September 14, 1935, he had
directed these two men to continue their work of obtaining signatures
for an additional period of three weeks. He requested approval of the
Town Board for his action and suggested that the two men be empbyed for
one more week and then be released, bringing to $600 the total amount
spent for salaries for these solicitors.
The Supervisor stated that he believed that additional
signatures could be obtained to the petition for the establishment of
a garbage district sufficient to meet the requirements of the law with-
out the employment of paid solicitors.
On motion by 1,Ar. Bates, seconded by 'Mr. Griffin, it was
unanimously
RESOLVED, that the action of the Supervisor in employing
two men to obtain signatures to a petition for the es-
tablishment of a garbage district for three weeks it
excess of the period authorized by the Town Board be
and it hereby is ratified, approved and confirmed;
and be it
FURTHER RESOLVED, that the two men be employed for an
additional period of one week and then be released;
and be it
FURTHER RESOLVED, that the Town Clerk request the Board
of Assessors to furnish the Board a certified statement
sho wing the assessed valuation in the unincorporated
section of the Town owned by resident property owners.
Superintendent ?,Ierola reported on the request for the im-
provement of a sidewalk on Valley Stream Road received from Emil Zvirin,
which matter had been referred to Urr. Brennan at the meeting of Sep-
tember 18, 1935. He stated that he had informed Pair. Zvirin of the pro-
ject for the improvement of all the sidewalks in the unincorporated sec-
tion of the Town which has been submitted to the W. P. A. for approval .
Ir. Bates reported progress on the construction of the sewer
on 'hard Lane.
Mr. Griffin reported that the sum of $18,460-87 was spent
for public welfare during the month of September 1935, and that the
State T. E. R. A. would reimburse the Town to the extent of 70 per cent
of the amount instead of 75 per cent as heretoforo.
Mr. Ileginniss reported on the matter of the request of Ir.
Daniel Kusell for the cancellation of certain taxes, which matter had
been referred to the Town Attorney at the previous meeting. The matter
was laid on the table until the next meeting.
The Town Attorney reported that he had received a check in
the amount of 253.67 representing the omitted 1934 tax on Section 3,
Block 1 from Yrs . Josephine V. Kaufman, the present owner of said pro-
,__ perty, who made this payment which she was not legally obligated to
make , because she had obtained title to the property in good faith prior
to the discovery that this tax had been omitted due to an error by the
Town, on the condition that the Town afford her sufficient fire protec-
tion to enable her to obtain a Uprotected" insurance rate.
On motion duly made and seconded it was unanimously
RESOLVED, that the check in the amount of -x253.67 tendered
by Mrs. Josephine V. Kaufman in full payment of the 1934
omitted tax on Section 3, Block 1, be and it hereby is
accepted;. and be it
FURTHER RESOLVED, that the Town Attorney be and he hereby
authorized, empowered and directed to prepare an agree-
ment with the Village of Scarsdale covering the payment by
the Town to the Village of an annual rental not to exceed
X45 .00 for the use by the Town for fire protection purposes
of a hydrant owned by the Village of Scarsdale and situated
within said Village at the intersection of Fenimore Road
(sometimescalled Grand Park Avenue) and Cornell Street;
and be it
FURTHER RESOLVED, that upon the preparation of said agree-
ment the Supervisor and the Ton Clerk be and they hereby
are authorized, empowered and directed to execute same on
behalf of the Town of Mamaroneck.
The Town Attorney reported on the matter of the claim of Paul
Fortuna for damages sustained by his property incident to a fire on
Forest Avenue, which matter had been referred to him at the meeting on
September 18, 1935. He stated that there was no liability on the Town
in this matter.
The Town Attorney reported on the matter of the request for
the omission of interest and penalties on taxes on property owned by
Patrick Hynes & wife, which matter had been referred to him at the
meeting on September 18, 1935. The matter visa laid on the table and
117
the Town Clerk was directed to ascertain the amount of unpaid taxes on
this property, including the Village taxes.
The Town Attorney reported that he had been informed by 4r.
Silas S . Clark, special collector of delinquent taxes, that Frederia
Abel of New Rochelle, the owner of property described as Section 1,
Block 28, Lots 78 and 79, had requested that she be permitted to pay
the tax of 1906, sale of 1907, on the above property in the amount of
X2.96 shown as unpaid on the records of the Receiver of Taxes, ;without
-- interest. The Town Attorney recommended that in view of the precedent
set by the Board in other and similar cases , the request be granted.
On motion by Mir. Griffin, seconded by Hr. Bates, it was
unanimously
RESOLVED, that the Receiver of Taxes and Assessments be
and he hereby is authorized, empowered and directed to
accept payment of the tax of 1906 on Section 1, Block 28,
Lots 78 and 79, in the face amount thereof without interest,
provided the payment be made within thirty days.
The Town Attorney reported that he had received a letter
dated September 30 , 1935, from Harry C . Duelfer, owner of property known
as Section 1, Block 28 , Lot 97 , requesting that he be permitted to nay
the 1906 tax, sale of 1907, on this property without interest . The Town
Attorney recommended that in view of the precedent set by the Board in
other and similar cases, the request be granted.
On motion by 11r. Griffin, seconded by lr. Bates, it was
unanimously
RESOLVED, that the Receiver of Taxes and Assessments be
and he hereby is authorized, empowered and directed to
accept payment of the tax of 1906 on Section 1, Block 28,
Lot 97 in the face amount thereof without interest, pro-
vided the payment be made within thirty days .
Mr. Ideginniss reported that he had been informed by I,ir. Silas
S. Clark, special collector of delinquent taxes, that Selma Hanson of
New Rochelle, the owner of property described as Section 5, Block 15,
Lots 43, 44 and 45, had requested that she be permitted to pay the tax
of 1906, sale of 1907, on the above property in the amount of $3.58
shown at unpaid on the records of the Receiver of Taxes, without interest.
The Town Attorney recommended that in view of the precedent set by the
Board in other and similar cases, the request be granted.
On motion by -ir. Griffin, seconded by Mr. Bates, it was
unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment of the tax of 1906 on Section 5,
Block 15, Lots 43, 44 and 45 in the face amount thereof
without interest, provided the payment be made within
thirty days.
The Town Attorney stated that he had received a letter from
I,;r. Silas C. Clark, special collector of delinquent taxes, dated
Augus t
27, 1935, recommending that the taxes for the years 1908 to
191-2 (sales of 1909 to 1913) on Section 1, Block 25, Lot 53, being
property now owned by Daniel L. Uffner, be cancelled on the grounds
_ of erroneous assessment and his inability to determine against what
property said taxes should be assessed.
On motion by Mr. lieginniss, seconded by Hr. Bates, it was
upon roil call unanimously
RESOLVED, 6'nHEREAS, Silas S. Clark, special collector
of delinquent taxes, has recommended to this Board
that certain taxes as set forth below be cancelled
on the grounds of erroneous assessment and his inability
to determine against what property said taxes should
be assessed;
NOW, THEREFORE, BE IT
119
RESOLVED, that the taxes for the years 1908 to 1912
inclusive ( sales of 1909 to 1913) on Section 1,
Block 25, Lot 53, being property now owned by
Daniel L. Uffner, be and they hereby are ordered
cancelled on the records of the Receiver of Taxes
and Assessments.
Mr. Meginniss reported that the joint committee composed of a
— representative of the Board of Trustees of the Village of Larchmont and
a representative of the Board of Trustees of the Village of Mamaroneck
with himself as representative of the Town Board to consider the matter
of assessments, have held a meeting and that it was the consensus of
opinion of the committee that uniformity of assessments as between the
Town and the Villages was highly desirable. He stated that the committee
would submit specific recommendations to attain this end at a later date.
The Supervisor presented a statement showing the bank balances
as of October 2, 1935, which are entered in the minutes as follows:
TOWN OF MAMARONE'CK
STATEMENT OF BANK BALANCES AT CLOSE
OF BUSINESS OCTOBER 2, 1935
AVAILABLE FUNDS
GENERAL FUND
County Trust Company. . . . . . . . . . . . . . . .$18,8.36.12
First National Bank, Kt. Vernon. . . . . 144.61
Trust Company of Larchmont . . . . . . . . . . 216.41
Chase National Bank. . . . . . . . . . . . . . . . . 21,196_36
Union Savings Bank. . . . . . . . . . . . . . . . . . 61562.68
TOTAL GENERAL FUND. . . . . . . . . . . . . . . . . . . . $46,956.18
HIGHWAY FUND
County Trust Company. . . . . . . . . . . . . . . . . . . . . . . 74009
CAPITAL FUND
First National Bank, Mt. Vernon. . . . . . . 266.06
Trust Company of Larchmont. . . . . . . . . . . . 61.11
TOTAL CAPITAL -FUND. . . . . . . . . . . . . . . . . . . . 327.17
TOTAL AVAILABLE FUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482023..44
IMPOUNDED FUNDS
SCHOOLS
First National Sank, Mt. Vernon. . . . . .53,202..23
Trust Company of Larchmont, Dist.rr1. .12,067.06
Trust Company of Larchmont, Dist.#2. . 759.98
TOTAL SCHOOLS. . . . . . . . . . . . . . . . . . . . . . . . . 662029..27
TAX LIENS
County Trust Company. . . . . . . . . . . . . . . . . . . . . . . . . . 4,58403
SPECIAL DEPOSITS
Trust Company of Larchmont. . . . . . . . . . . . . . . . . . . . 1,003.86
SEWER FUND
Chase National Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . 38,086.63
SPECIAL ASSESS MENTS
First National Bank of Harrison. . . . . . . . . . . . . . . 12654.46
WATER DISTRICT #1, TRUST COMPANY OF LARCHMONT. . 112748 .08
TOTAL I1:POUNDED FUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123,106.63
GRAND TOTAL, ALL FUND S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171,130.07
The Supervisor stated that the bills which have been received
by the Torn up to and including September 7 , 1935, had been paid.
121
The Town Clerk reported that he had received a complaint
that the garbage collectors had punched holes in a garbage can owned
by a resident of the Town, in order to let water which had collected
in the can run off. The matter was referred to Hr. 2uerola.
The Town Clerk requested that the Board, in accordance with
the provisions of Section 75 of the Election Law, authorize the publi-
cation of the usual notice concerning the registration of voters and
also a notice of the election.
On motion by -.Ir. Griffin, seconded by ::Ir. Meginniss, it was
unanimously
RESOLVED, that in accordance with Section 75 of the
Election Law a notice be published in The Daily Times
and in The Larchmont Times on October 3, 1935, and October 10,
1935, giving the list of the places of registration within
the 'Town of Mamaroneck, a statement of the days and hours
of registration and a brief description of the boundaries
of each Election District in the Town; and be it
FUR=ER RESOLVED, that in accordance with the same Section
of the Election Law a notice be published in The Daily
Time on November 4, 1935, and The Larchmont Times on
October 31, 1935, giving a list of the polling places,
the date and hours of the election and a brief descrip-
tion of the boundaries of each election District.
The Town Clerk reported that Lars . dm. H. 'Kirchner, a member
of the -card of Education, had reported orally to him that the Board
of Education had consulted with an engineer concerning plans for the
improvement of the unsatisfactory drainage condition of the Paurray
hvenue School playground.
The report of the Building Inspector for the month of
September, 1935, was received and filed. The Clerk was directed to
request the Building Inspector hereafter to include in his report
the following information: total cost of construction for same month
in the previous year; total cost of construction for the calendar
year from January up to and including the month of the report; and the
corresponding figure for the same period of the preceding year.
1� letter dated September 292 1935, was received from Ir.
Oliver _"laggard concerning a maple tree on his property on Hillside
Road. The matter -was referred to Superintendent 'Merola.
A letter dated September 24, 1935, was received from Tohn &
Edward, hairdressers of Lyrtle Boulevard, concerning a street light
on Myrtle Boulevard. The matter was referred to Superintendent Merola.
k letter dated September 28, 1935, was received from Public
lelfare Officer DeVinne notifying the Town Board that Mrs. Myra K.
Neuman, case worker in the Public Welfare Office, had won a fellowship
at the New York School of Social ","fork entitling her to a course of two
semesters of three months each and a salary of $25.00 weekly for main-
tenance during the course of study. The entire cost of this fellowship
and for maintenance is 100 per cent reimbursible by the T. E. R. 11 . 1
the letter stated.
on motion by ?.r. Bates, seconded by ' r. ?ueginniss , it was
unanimously
RESOLVED, that the Totrrn Comptroller be and he hereby is
authorized, to approve claims in the total amount of , 25O
for tuition fees for Lars . 14yra Y. Neuman at the rlew York
School of Social Work and claims for Liss . Neuman at the
rate of $25 .00 a week for maintenaaa e for six months or
: 108 .33 per month during the course of study at said
School of Social lWork.
On motion duly made and seconded it was unanimously
RESOLVED, that the Public Welfare Officer be and he
hereby is authorized to employ as investigator Frs.
Lucy B. Franklin to take the place of rs . Myra K.
Neuman for six months at a salary of 4I�100 a month
beginning September 30, 1935.
The Board took notice of the absence of ufir. Brennan occasioned
by illness and directed the Clerk to write a letter to him expressing
the regret of the Board at his absence and the hope that he will soon
-- be back at his seat at the Board table .
A petition dated September 23, 1935, was received from the
Board of Assessors requesting the apportionment of the assessment on
Section 4, Block 28, Lot 1, owned by the Howell Estate, on the assess-
ment rolls for the ears 1933-1934-1935.
m Y
On motion by ur. Griffin, seconded by :: r. Bates, it was
unanimously
RESOLVED, WFEREAS, the Board of Assessors has
submitted a petition for the correction of the
assessment rolls for the years 1933-1934-1935
pursuant to the provisions of Section 33 of
Chapter 105 of the Laws of 1916, as amended; and
WHEREAS, after due consideration this Board finds
it desirable to grant said petition for the correction
of said assessment rolls,
NOIN. THEREFORE, BE IT
RESOLVED, that said assessment rolls be corrected to
show the following:
Sec . Elk. Lot Owner Size Land Improvement Total
4 28 1 Howell Estate 4z Ac. ti$25,000 70500 k32,500
be corrected as follows:
See. Elk. Lat Owner Size Land Improvement Total
4 28 1 Howell Estate 4 Ac. $21,400 $ 7,500 $28,900
4 28 6-L Jacob Ackerman, 75/134 3,400 -- 32400
at al
4 28 6B Isabel Hyland 5/134 200 °- 200
A petition dated September 25, 1935, was received from the
Board of Assessors requesting the correction of the assessment roll for
the year 1934, tax of 1935, in respect to Section 7, Block 18, Lots 13
and 14 owned by Charles Eagelston and wife . The petition was ordered
laid on the table and the Town Clerk was directed to request the Board
of Assessors to be present at the next meeting on October 16, 1935, to
discuss this matter.
At 10:40 P. J. the Board unanimously resolved to adjourn.
Town Clerk