HomeMy WebLinkAbout1935_11_20 Town Board Minutes �'IPNTES OF HEARIITGS BY AND BEFORE AND REGULAR I: •1..�TIFG OF THE
TOWN BOARD, TOW11 OF MIGIARONECK, =TV YORK
HELD IaOVELMER 20 , 1935
At the Tom Offices, 118 Test Boston Post Road, fiamaroneck, IT. Y.
The meeting was called to order by Supervisor 11cCulloch at
-- 8:15 P. 11.
Present: Supervisor HicGulloch
Councilmen Bates, Griffin, Iufeginniss.
Ab sent : Councilman Brennan.
The presence was also noted of Town Clerk Varvin and Town
Attorney Delius.
The regular order of business was suspended in order to hear
those persons present who desired to address the Board.
Xr. Edgar L. Howe , attorney for Mrs. Olga Poschen, owner
of property described as Section 4, Block 8, Lots 2 and 3, presented
a letter dated November 20, 1935, requesting that the property of his
client above described be re-zoned from Class "A" District, in which
it is now classified, to arse permitting the erection of a gasoline
station. The matter was referred to the Board of Appeals for its
report and recommendation.
There being no other persons present who desired to address
the Board, the regular order of business was resumed.
The Supervisor stated that the first order of business
would be a hearing on the matter of the correction of the assessment
roll for the year 1934, taxes of 1935, pursuant to Section 33 of
Chapter 105 of the Laws of 1916 , as amended, in respect to Section 9 ,
Block 47, Lots 23A, 27 and 28, owned by Julius Lewine , in accordance
with the resolution passed by this Board at its meeting on November
�
6,
t 10 35. The proposed correction, he s ai d, was to place on the assessment
roll an assessment of ,, 100,000 as being the value of the improvements
on the property in addition to the assessment already on the rolls
for the value on the land. The Board of Assessors by error neglected
to place any value on the improvements.
Mir. Julius Levrine and Mr. Harry L. Lewine, his son and
attorney, addressed the Board concerning this matter. Hr. Harry L.
Lewine stated that in his opinion the 1928 assessment on this property
eras excessive and the 1928 tax thereon correspondingly excessive ;
that because of the inability of the owner to produce a receipt for
the 1928 taxes he had recently, he stated, "paid it all over again"
when the records of the tax office showed this tax to be unpaid; that
the proposed correction of the assessment roll for the year 1934, taxes
of 1935, so as to plane an assessment of ?100 ,000 against the improve-
ments in addition to. the- assessment already placed on the land would
be improper for this''reason: that the tax levied on the assessment
against the improvements would not constitute "an omitted tax" since
the tax records already show a tax against the property but would be
actually an additj- nalitax and. the Westchester County Tax Act does
not provide for additional taxes of this sort but only for f°omitted
taxes". He concluded by requesting the Board to remit the penalties
and interest paid_ `by his father on the 1928 tax.
After discussion the 3oard deferred action pending receipt
of a further report on this matter by the Town Attorney.
There being no further persons present who desired to
address the Board in connection with the hearing on the proposed
correction of the assessment roll, the hearing was adjourned.
165
The Supervisor stated that the next order of business would
be a hearing in accordance with the resolution passed by the Torn Board
at its meeting on .ITovember 6, 1935, for the purpose of considering
the applications of the liew York and Stamford Railway Company for the
consent of the Toren_ of Namaroneck under the provisions of Sections 66
and 67 of the Transportation Corporations Lana of the State of iew York
for the operation of motor buses or omnibuses for the transportation
of passengers, and property carried by said passengers, for hire , in,
upon, along and across certain streets , avenues and highways in the
Toren of Flamaroneck upon the expiration of the present consent for the
operation of said motor buses which expires on the 6th day of Tuly ,
1937; and of the County Transportation Company , Inc. for the operation
- of motor buses or omnibuses for the transporation of passengers, and
property carried by said passengers, for hire , in,upon, along and
across certain streets, avenue and highways in the Torn of 11amareneck.
The Town Clerk read the notice of the hearing and presented
an affidavit of publication certifying that in accordance with the
provisions of Section 64, Paragraph 7 of Chapter 62 of the Consolidated
Lams, known as the Town Law, a notice of said hearing was published j
on November 7 , 1935, in The Daily Times, a newspaper published in the
Village and Town of Namaroneck, and in The Larchmont Times, a newspaper
published in the Village of Larchmont and Torn of Lamaroneck.
The Supervisor inquired if there was any one present who
desired to address the Board in connection with the subject matter of
the hearing.
Alin. F. Lyon, jr. , of T:amaroneck addressed the Board stating
that he spoke both as a taxpayer of the Town of iFamaroneck and as a
patron of the applicants. Hethereupon surrendered the floor to H.
Lambert Filer, counsel for the applicants, in order that Irr. Filer
might set forth certain facts in connection with the applications
before , he , Yr. Lyon , expressed his views thereon.
Mr. Filer said that the new consents sought by the applicants
are essentially the same as those now in effect save that a twenty-year
term is requested instead of a ten-year term as at present; that the
Village of Rye has already granted its consents for an indefinite
term; that the Village of Port Chester has granted consents for
twenty years, all of these consents being essentially the same as those
now in effect; that the applicants desire that these consents be
granted at this time in order that the County Transportation Company
may be in a position to obtain the necessary credit for the purchase
of approximately $1009000 worth of new buses for use on the present
routes, and that these buses will not be purchased until all the
necessary consents have been obtained.
Kr. Lyon thereupon addressed the Board again, saying in part:
that he has no objection to the present rate of fares; that if the pro-
posed consents should be granted they would become rot extensions or
modifications of the old franchises but absolutely new and binding
contracts; he cited the following words in the proposed consents "to
become effective on the expiration of the existing consents" as in-
dicating that the existing consents would expire rather than be ex-
tended or modified; that in his opinion a ten-year term would be
sufficient and that twenty years would be too long. He declared that
under the provisions of Section_ 20 of the proposed consent to the
County Transportation Company, Inc. the schedule of bus service would
be determined by the Public Service Commission and not by the Town
Board. He suggested that the matter be left in abeyance until the
attitude of the Board of Trustees of the Villages of Larchmont and
Mamaroneck could be ascertained.
"I enter a formal objection as a _ taxpayer in the Village
and Town of Mamaroneck and as a patron of the road and I reserve the
right to submit a formal brief if I so desire", he concluded.
Ur. Filer spoke again. He said that the Transporation Corp-
orations Law as amended now provides that the matter of rates and
schedule of service is no longer within the jurisdiction of the Town
but of the Public Service Commission in spite of anything to the
contrary in consents or franchises heretofore granted. He called
attention to the fact that Section 32 of the proposed consent
167
provides that this consent is not exclusive. He added that the
applicants have no intention of seeking any changes either in fares
or schedules.
'err. Lyon spoke again. He said that he desired to have
Section 17, referring to the rates of fare , changed and that if this
were done , he would be perfectly willing to waive his other objections ,
the change to be to the effect that the rates of fare could not be
changed without the consent of the Town Board.
C. F. Smith, Vice President of the New York and Stamford
Railway Company and Vice President of the County Transportation Com-
pany , Inc. , addressed the Board. He called attention to the follow-
ing provisions in the proposed consent: (1) the fact that the consent
is not exclusive ; (2) that revocation by the Town Board thereof is
possible under certain conditions and (3) that the proposed consent
preserves all prior rights of the applicants and the Town under former
or existing franchises.
Sir. Filer spoke again saying that the applicants would pay
the cost of publishing the notice of the hearing.
There being no further persons present who desired to address
the Board in connection with this hearing, the hearing was declared
closed and Yr. Lyon was granted ten days within which to file a brief.
The regular order of business was thereupon resumed.
Yr. Bates reported on sewers, stating that work is progress-
ing slowly on the ward Lane project.
Mr. Yeginniss reported on finances , stating that progress is
being made in the preparation of the proposed 1936 budget. He pre-
sented the financial report of the Supervisor for the month of October
and the ten months ended October 31, 1935. -
The Supervisor presented a statement showing the bank
-- balances as of November 19, 1935, as follows:
TGUN OF SG MARONECK
STATFEENT OF BASK BALANCES AT 9:00 A. H.
SSOVFNIFR 19 , 1935
AVAILABLE FUNDS
GENERAL FUND
County Trust Company. . . . . . . . . . . . . . . 9 ,572. 62
First national Bank, hit. Vernon . . . . . . . . 162. 81
Trust Company of Larchmont. . . . . . . . . . . . . 217. 58
Chase National Bank. . . . . . . . . . . . . . . . . . . . 14,650.77
Union Savings Bank. . .. . . . . . . . . . . . . . . . . . 6, 562.68
TOTAL GENERAL FUND. . . . . . . . . . . . ... . $319166.46
HIGHWAY FUND
County Trust Company . . . . . . . . . . . . . . . . . 263. 71
CAPITAL FUND
First National Bank, Yt. Vernon. . . . . . . 65.69
Trust Company of Larchmont. . . . . . . . . . . . 73.87
TOTS, CAPITAL FUND. . . . . . . . . . . . . . 139. 56
IMPOUNDED FUNDS
SCHOOLS
First National Bank, ;it. Vernon. . . . . . . 46 ,940.15
Trust Company of Larchmont, Dist. 41. . 79067.06
Trust Company of Larchmont, Dist. #2. . 1,334. 59
TOTAL SCHOOLS. . . . . . . . . . . . . . . . . . . 55,341.80
TAX LIENS
County Trust Company. . . . . . . . . . . . . . . . . . 2,946.98
SPECIAL DEPOSITS
Trust Company of Larchmont. . . . . . . . . . . 1,057.96
�I
169
ILkTPOU2dDED FUNDS (Continued)
STUER FUND
Chase National Bank. . . . . . . . . . . . .. . . ... . . 389090. 54
SPECIAL ASSESSMENTS
First stational Bank of Harrison.. . . . . . . 591.56
WATER DISTRICT #1
Trust Company of Darchmont. . .. . . . . . . . . . 7 ,052.89
TOTAL I POUITMED FUITDS. . . . . . . . . . . . . . . . . . . . . $1059081.7'
GRAND TOTAL, ALL FTT DS. . . . . . . . . . . . . . . . . . . . 136,651.46
The Supervisor reported that the Town will shortly receive
approximately $14 ,000 in welfare refunds.
Sewer Superintendent Corwin addressed the Board and reported
progress on the matter of a revision of the map of the proposed ex-
tension to Sewer District No . 1, which matter had been referred to him
at the meeting of October 16, 1935.
s: r. Griffin reported on welfare matters. He stated that he
had investigated the matter of the claims totaling $65. 45 of the
Chatsworth Kitchen for payment for food tickets filled on the order of
the 7prelfare Department in 1933 , which matter had been referred to him
by the Town Board on November 69 1935. He read a report on these
claims from Public Welfare Officer DeVinne , stating that the records
covering that period °'are in very bad shape. " Lsr. Griffin recommended
that the claims be paid.
On motion by Ur. Griffin , seconded by Yr. Bates, it was
unanimously
RESOLVED, that the claims of the Chatsworth Kitchen
totaling $65.45 for payment for food tickets filled
on the order of the Ie lfare Department in the year
1933 be and they hereby are an and ordered paid.
Town Attorney Delius reported on the matter of a resolution
covering assistance rendered in a time of emergency by one fire depart-
ment to another, which matter had been referred to him on November 6,
1935. The matter was ordered laid over.
Nr. Yeginniss reported on the letter of the NevJ York State
Department of Audit and Control in reference to the Police Pension
Fund, which matter had been referred to him on November 6, 1935. The
matter was laid over.
Yr. Bates reported on the matter of replacing the pavement
on Yurray Avenue , which had been referred to him on iovember 6, 1935.
The matter was ordered laid over.
Highway Superintendent Yerola reported on the matter of the
damage to the ,automobile tire of Eugene Riviere , which matter had
been referred to him on November 6, 1935. He stated that he and
Hr. Bates had inspected the manhole, alleged to have caused the damage
to the tire , and that in their opinion there was no negligence on the
part of the Town.
Mr. Heginniss reported concerning the new assessment maps,
which matter had been referred to him on November 6 , 1935. He stated
that he had examined the new arrangement of numbering blocks and lots
which seemed to him to be very comprehensive and complete . He re-
commended that Engineer A. J. Foote in charge of the work be authorized
to proceed and that the maps already completed be approved and the
State Tax Commission so notified. The Board unanimously so resolved.
The matter of a request for an adjustment of the taxes on
property owned by Hr. and firs. Patrick Hynes on Dean Place , which
had been referred to Mrr. Griffin on November 6, 1935, was reported on
by him and laid over.
171.
The Town Attorney reported progress in the matter of pre-
paring the necessary documents for the acceptance of Lester Place and
Williams Place.
The matter of the reduction in the assessment on property
owned by Chas. W. Hagelston and wife , which had been referred to the
Board of Assessors on October 16, 1935, was laid over.
A petition dated November 20, 1935, was received from the
Board of Assessors requesting the Town Board to apportion the assessed
valuation on the assessment roll of the Town for the year 1935, taxes
of 1936, for Section 9 , Block 83, Lots 15 and 16.
On motion by i'Tr. Bates, seconded by Ltr. Griffin, it was
unanimously
RF'SOL`FD, 4h'RTAS, the Board of Assessors has presented
a petition dated November 209 1935, for the correction
of the assessment roll for the year 1935, tax of 1936 ,
pursuant to the provisions of Section 33, of Chapter 105
of the Laws of 1916 as amended, known as the Westchester
County Tax Act; and
WFip`REAS, after due consideration this Board finds it
desirable to grant said petition for the correction
of said assessment roll;
I
II1TOy1, TFi?!'REF'ORE, BE IT
RESOLVED, that the assessment roll for the year 1935,
tar, of 1936 , which shoves property now appearing on
the roll as follows:
Assessed Value
Sec. Blk. Lot Olwner Land Building Total
9 83 15 Hunter, Susie D. $49000 $1,600 $ 5,600
16
be corrected in accordance with the provisions of Sub-division 5
of said Section 33, as follows:
Assessed Value
Sec, Blk. Lot Owner Land Building Total
9 83 15 Graves , Arthur R. $2,000 X2,000
9 83 16 Katz, Nathan 11. 2 ,000 $19600 3,600
i
A letter dated Yovember 13, 1935, addressed to Hr. Griffin
was received from Thomas B. Sutton soliciting a portion of the Town' s
insurance business. The matter was laid over for consideration by
the Town Board Chairman of Insurance.
A bill in the amount of $103.00 for annual town membership
dues for the year beginning January 1, 1936, pursuant to Chapter 412 of
the Laws of 1933 was received from The Association of Towns of the
State _of Few York and ordered filed.
Tir. Meginniss stated that the appropriation would be included
in the proposed 1936 budget.
A letter dated October 189 1935 , was received from The
Ramaroneck-Larchmont Council of Parent-Teacher Associations, requesting
an appropriation in the proposed 1936 budget in the amount of $59000
for recreation and playground Trork. The matter was referred to the
Town Attorney to prepare a report on the procedure that the laiv re-
quires to be followed to obtain such an appropriation.
The 'Supervisor reported that a proposed W. P. A. project
in the sum of about : 12,000 for recreation 'work had been submitted to
him for approval and that he was twilling to approve it after the
Adult Activities Recreation Council have prepared a program for the
utilization of the project.
173
A letter dated Uovember l8, 1935, was received from Walter
Needham, Commander of David Potts, Jr. Post #1156, Veterans of Foreign
`Jars of Namaroneck, which was ordered entered in the minutes as follows:
November 189 1935.
Hon. Bert C. IicCulloch, Supervisor
Town of Mamaroneck,
Mamaroneck, 2\71. Y.
Dear Supervisor McCulloch:
As Commander of David Potts Jr. Post #1156, Veterans of
Foreign gars, Lamaroneck, I am more than satisfied with
my present Relief Officer, Frank J. Lnright, and I have
made my decision to reappoint him for another year to
t.ake effect December 1, 1935.
Hoping this meets with your approval, I am
Yours in comradeship ,
/s/ Walter Yeedham
Commander
The report of the Receiver of Taxes and Assessments for the
month of October was received and filed.
A letter dated November 7, 1935, was received from 'i'Jm. L.
Idiller of Mamaroneck enclosing a copy of a petition to the Harrison
Town Board signed by residents of hamaroneck Nnolls - Harbor Heights -
Riverdale Park neighborhood requesting the discontinuance of the
present Town of Harrison garbage dump on 11amaronec'k Avenue. The letter
- and petition were ordered filed.
A letter dated November 1.1, 1935, addressed to the Town Clerk
was- received from O 'Brien's Fireproof Storage Warehouse , Inc. ,
thanking the Town Board for its action taken on November 69 1935, in
permitting this company to conduct an auction sale at 175 hurray
Avenue. The letter was ordered filed.
A letter dated November 6 , 1935, was received from Frank A.
Downes, Chairman of the Board of Park Commissioners of the Town of
Mamaroneck requesting the Town Board to authorize . Thomas Aitchison,
Park Department foreman, to charge mileage for the necessary use of
his own car on Town work. The Clerk was directed to reply that there
is nothing in the 1935 budget covering this matter but that such an
appropriation is proposed to be included in the 1936 budget.
The Town Clerk called to the attention of the Board the
fact that or, October 2, 1935, a resolution was adopted cancelling
taxes for the years 1908 to 1912 inclusive (sales of 1909 to 1913)
on Section 19 Block 259 Lot 539 being property now owned by Daniel F.
Uffner, and that this resolution was a duplication of the action taken
by the Board at its meeting on September 18, 1935, when the same taxes
were likewise ordered cancelled.
On motion duly made and seconde-d it was unanimously
R,gSOLVF.D, that the resolution adopted by this Board
at its meeting on October 2, 1935, ordering the
cancellation of taxes for the years 1908 to 1912
inclusive ( sales of 1909 to 1913) on Section 1,
Block 25 9 Lot 53 9 be in g property
nor owned b y
Daniel F.
Uffner, be and it hereby is rescinded.
The Clerk called to the attention of the Board the matter of
setting the amounts of surety bonds for Town officers for the ensuing
year. He was directed to submit at the next meeting a list showing
the amounts of the present surety bonds now in force.
77
On motion duly made and seconded it was unanimously
RESOLVED, that" theTown Clerk be and he hereby is
authorized, empovrered and directed to publish in
The Daily Timea on November 239 1935, and in The
Larchmont Times on November 26, 1935, a notice
to be prepared by the Town Attorney to the effect
that sealed bids or estimates for contract for the
removal and disposition of swill, garbage and ashes
from buildings in Garbage District No. 1 of the Town
of Mamaroneck, would be -received by the Town Board
at the office of the Town Clerk until 8 P. H. on
December 4, 1935, at which time the said bids sub-
mitted would be opened and read: and be it
FURTHER RESOLVED, that the matter of specifications
for the proposed garbage contract be referred to a
committee consisting of Town Attorney Delius, Mr. Bates
and Superintendent Herola.
Assessors Eklund addressed the Board and reported on the
attendance of the Board of Assessors at a hearing before the
County Equalization Comni.ttee. The Board discussed the matter of
providing that on and after December 31, 1935, there be but one
assessor in the Town of Mamaroneck in place of the present Board
of three assessors.
On motion by I_Tr. Bates, seconded by Mr. Meginniss, it
was unanimously
RESOLVED, that on and after the 31st day of December,
1935 , there shall be but one (1 ) Assessor in the Town
of Mamaroneck, such Assessor to be appointed by the
Town Board as provided by Section 7a, of Chapter 105
of the Laws of 1916, as amended by Chapter 632 of the
Laws of 1934;
YJRTEER RESOLVED, that this resolution be subject to
a permissive referendum as provided in Article 7 of
the Town Law and that the same shall not take effect
until after the expiration of thirty days, nor until
approved by the affirmative vote of a majority of the
qualified electors of the To-um of Mamaroneck voting
on a proposition as provided in said Article 7 of the
Town Law, if within thirty days there be filed with the
Town Clerk, a petition subscribed and acknowledged by
electors of the Town qualified to vote upon a proposition
to raise and expend money , in number equal to at least
five per centum of the total vote cast for governor in
said Town at the last general election held for the
election of state officers in the year 1934;
FURTHER RESOLVED, that the Clerk of the Town of Mamaroneck
is authorized and instructed herewith to post and publish
a notice which shall set forth the date of the adoption
of this resolution and contain an abstract thereof,
concisely stating the purpose and effect thereof, as
provided in said Article 7 of the Town Law, such publication
and posting to be made within ten (10) days of the date of
this resolution, to wit: on Tuesday, November 26, 1935 ,
and such publication to be in The Larchmont Times, a weekly
newspaper published in the Village of Larchmont and Town
of Mamaroneck,and in The Daily Times, a daily newspaper
published in the Village and Touan of Mamaroneck.
At 11;30 P. 29. 'the Board unanimously resolved to adjourn.
Town Clerk(/