HomeMy WebLinkAbout1935_12_04 Town Board Minutes -1 7
REGULAR 1=TING OF THE TOVE1 BOARD
TOVEq OF 1,IAi ARUNECH, N. Y.
HELD DECE 'BER 41 1935
At the Ton Offices, 118 Guest Boston Post Road, Mamaroneck, N. V.
The meeting was called to order by Supervisor McCulloch at
8 .10 P .
Present : Supervisor McCulloch
- Councilmen Bates, Griffin, Meginniss .
The ;presence was also noted of Town Clerk 1; arvin and Town
Attorney Delius .
The regular order of business was suspended in order to hear
those persons present who desired to address the Board.
P.Tr. Alezander V. Gallogly of Yonkers addressed the Board
concerning the matter of water supply. The Supervisor requested him
to state briefly what experience he had had in such matters. He said
that he was no, engaged in water supply work for the navy Department
and that he had previously done such work for the City of Yonkers and
other municipalities and. that he was former chairman of the Committee
on Water Supply of the 'Vestchester Society of Civil Engineers. The
Supervisor thanked him for his appearance.
Major 'dm. Harvey Smith of Larchrnont, representing the Larch-
mont-1,lamaroneck Hwnane Society, Inc. , appeared with three members of
that organization, namely, hrs. H. E. Goeckler, furs. A. P . Deacon and
Mrs . re Underwood. Major Smith addressed the Board concerning the
application by the Society which had been reiported on at the meeting
on November 20th by the Tovm Attorney . He said that the Society, was
desirous of two things : (1) to enter into a contract with the Town
for the care and disposition of unlicensed dogs and stray animals
- and (2) to arrange for obtaining from the Town a site for the construc-
tion of a shelter to serve the entire Town including the two Villages
and possibly additional territory.
Specifically, he stated, he requested that the Town -,:) lace in
the 1936 budget a sun equal to that received from the County Treasurer
as the Tovin' s share of the refund of dog license nonies, this sum to
be paid to the Society to pay for the cost of caring for and disposing
of unlicensed dogs and other stray animals. He stated that the Society
also desired to obtain as a site for the proposed shelter a part of the
so-called Ravenscroft property acquired by the Town in connection with
the construction of a sewage pumping station.
The matter was ordered laid over for discussion later in the
evening in connection with the proposed 1936 budget.
11r. Domenic Quadrini addressed the Board concerning the
penalty on the apportioned tax on property owned by him in Section 8,
:dock 50, which matter had already come before the Board at its meet-
ings on September 16th and November 6th. The matter was referred to
the Town Attorney.
The Supervisor requested Building Inspector Covinam to appear
before the Board. The Supervisor stated to P,`r. Cowham that it appeared
to him that some of the worl,:men employed in constructing new houses
in the Tovmi did not seem to be local men. He suggested that the Building
Inspector watch this situation and 11r. Cowham said that he would do so .
Fire Chief LeVino appeared before the Board. The Supervisor
asked him what he believed to be the opinion of the ! ire Department on
the possible use by the Tovrq of the second floor of the fire house as
a location for the Town Offices. The Chief replied that he thought
the Fire Department and also nearby residents in the neig_nborhood would
object.
He stated that was his unofficial opinion and that he would obtain an
official opinion on this matter from the Fire Department.
Fire Chief LeVino reported to the Board that the Fire Depart-
ment has instituted an action against Hans Christiansen, Superintendent
of the Larchmont Dills Apartments, for deliberate interference with
the Department in the execution of its duties incident to a fire in
said apartment on November 25, 1935.
Police Chief Paul Yerick addressed the Board and requested
that the Police Department be given permission to convert one of the
glass enclosed sludge beds at the now unused sewage disposal plant
into a pistol shooting range for the Police Department . Assessor
Simonds submitted a sketch which he had prepared to show the proposed
changes . Chief Yerick said that the work would be done without expense
to the Town. After discussion the matter was laid over.
Chief Yerick also discussed with the Town Board the matter
of the permit required by the State Highway Department for t'r.e main-
tenance of the traffic light at the intersection of Weaver Street
and Myrtle Boulevard. The Board took no action on the matter.
There being no further persons present who desired to address
the Board, the regular order of business was resumed.
The Supervisor stated that in accordance with the resolution
passed by the Town Board at its meeting on November 20, 1935, and in
accordance with public notice duly given, the Board would receive
sealed bids or estimates for contract for the removal or disposition
of swill, garbage and ashes from buildings in Garbage District No . 1
of the Town of Mamaroneck.
The Supervisor inquired_ of those persons present in the
room if there were any further bids to be submitted in addition to
those already received by the Town Clerk. No additional bids were
submitted.
-- The Tobin Cler'L- read the notice of the receiving of bids
and submitted affidavits of publication.
The Supervisor stated that he wished it to be perfectly
plain and clear to all that all the terms and conditions of the contract
to be entered into would be strictly enforced.
The Clerk thereupon opened the bids which showed as follows :
1. Donofrio Brothers 5~11,000 .00
2. Angelo De Falco 12,000.00
3. Sganga J, Lopreato 10,200 .00
4. Frank Carullo 12,700 .00
I
On motion duly made and seconded it was unanimously
RESOLVED, that the bids for the garbage contract be
laid on the table for tabulation and further con-
sideration and that upon the awarding of the contract
to the successful bidder the Town Clerk notify the
successful bidder and return to the unsuccessful
bidders their bid checks .
The Supervisor reported that the State welfare refunds were
being received regularly.
The Town Attorney reported on the ri tter of the correction
of the assessment roll for the years 1935-1936 in respect to property
known as Section 9, Block 47, Lots 23A, 27 and 28, owned by Julius
Lewine, which matter had been the subject of a hearing held by and
before the Board at its meeting on November 20, 1935. He submitted a
resolution correcting the roll and recorr-aended that it be adopted.
On motion by "'Ir . Bates, seconded by lar. Griffin, it was
m-lanimously
V EREAS, the Board of Assessors heretofore presented
their petition to this Board at its meeting on the
6th of November, 1935, for the correction of errors
in the 1934-1935 assessment roll and the addition of
the amount of omitted tax upon the improvement or
building situated on the property known as Section 91
Block 47, Lots 23-A, 27 and 28; and
WHEREAS, the Board in pursuance of Section 33 of the
L'lestchester County Tax Law, being Chaioter 105 of the
Laws of 1916 as amended, authorized the Town Attorney
to give notice of hearing upon such petition; and
WHEREAS, after due notice such hearing was held on
the 20th day of November, 1935, at which time the
owner of said property, Julius Lewine, appeared with
his attorneys; and
1-11TEEREAS, it appears to the Board that taxable property
has been omitted from the assessment roll for the
year 1934-1935, to wit, the apartment '_House or building
upon the premises which improvements the Assessors had
assessed at a value of �;100 ,000;
RESOLVED, that the building and improvements upon said
property known as Section 9, Block 47, Lots 23-A, 27
and 28 be inserted in the assessment roll for the
current year 1935-1936, at a value of ur100,000, that
being the value fixed by the Assessors in their petition,
and that the amount of the tax upon said ;}100,000 shall
be' ir_ addition to the tax or assessment for the year
1936, and shall be inserted in a separate column
designated "omitted tax", the amount of such tax to be
at the rate per cent of the omitted year, to wit, the
year 1935;
FURTHER RESOLVED, that certified copies of this resolu-
tion be furnished to the Receiver of Taxes, the
Comptroller and to the taxpayer, Julius Lewine.
The Town Attorney reported on the :natter of cooperation by
the Fire The
with departments of neighboring communities, which
matter had been referred to him on November 20, 1935. He submitted
a resolution covering this :natter and recommended it be adopted.
On motion by ;h' . Griffin, seconded by ?:r. Bates, it was
unanimously
RESOLVED, UAID REAS, Section 209 of the Genernal 1,1unici pal
Law empowers this Board to adopt a resolution or ordinance
authorizing and permitting its Fire Department to go
to the aid of another city, village, town or town
fire district in extinguishing fires therein, it is
hereby
ORDERED, that the Chief Engineer of the Fire Department
of the Town of Pelamaroneck is authorized and_ permitted
to go to the aid of any city, village, town or torn
fire district within a radius of ten (10) miles of the
Toff+nz of Idamaro'necl. with such apparatus and equipment
as he deems necessary, for the purpose of extinguishing
a fire or fires therein upon the following conditions
(a) That a call for such assistance is received
from the Mayor or other executive officer, the Chief
of the =Fire Department, or his assistant, Corunissioner
o£ Public Safet-; or other public official charged with
the adainistration and maintenance of the Fire Depart-
ment of such city, village, town or town_ fire district
and
5
(b) Provided, that such assistance is rendered in
accordance with the principles of The Chief' s Emergency
Plan of Westchester County so that fire districts of
the Town of Mamaroneck are not left inadequately
protected against fire.
The minutes of the meetings of November 6, November 7, and
November 20, were approved as printed.
A report dated December 4, 1935, was received from Public
Welfare Officer DeVinne in accordance with the request by the Tow-a
Board at its meeting on "iovenfaer 20, concerning the meeting held on
October 28, 1935, with local shoe :merchants . The report was read by
the Clerk and ordered filed.
The Tot. Attorney reported on the certiorari actions
heretofore instituted by i?ary Louise Constable and Amy H. Weatherbee
to review assessments for the year 1934 and 1935 and recommended that
he be authorized to stipulate that the final determination in the pro-
ceedings to review the 1934 assessment, after such appeals as either
party may take from any report or decision, shall also determine the
assessment for the year 1935 for the same property.
On motion by ':ir . Yeginniss, seconded by Er. Bates, it was
unanimously
RESOLVED, j^ TER AS, 1..AR E LOUiSE CO ST4B7E and A1:1- H.
WEATHERBEE heretofore obtained ti^rrits of certiorari
to review assessments for the years 1934 and 1935 upon
property owned by them in the Town of 111amaroneck,
which property and assessments are as follows :
Assessed Value
Marie Louise Constable, Sec . 90 Block 108-9 Land w400,000 .
Bldgs. 100,000 .
— Total 5000000.
Hlarie Louise Constable, Sec.9,Block 106 Land 65,000.
Bldgs. 152000.
Total 80,000.
Amy H. 1Pieatherbee, Sec.9, Block 95 Land 345,000.
Bldg. , 91,500.
Total 436,500.
and
7,q-!E=, S. hearings were had before Charles H. Lane_, Est.,
Referee appointed to hear the issues and report to the
Supreme Court upon the 1934 assessment, and said matter
is now before the Referee for decision, and
WHEREAS, t'_�e Assessorst return has been filed in
connection with the 1935 assessment but no other or
further proceedings have been taken;
RESOLVED, that the Town Attorney on behalf of the
Town of Mamaroneck is authorized to stipulate with
the attorneys for the Relators, Yarie Louise Constable
and Arzy ri, Yeatherbee, that the final determination
in the proceedings to review the 1934 assessment, after
such appeals as either party may take from any report
or decision, shall also determine the assessment of the
year 1935 for the said property of 1.1arie Louise Constable
and Amy H. Vieatherbee, which assessment is for the taxes
for the year 1936 .
In accordance with the request made by the Town Board at its
meeting of November 20, the Town Clerk su:omitted a schedule of surety
bonds or official und.ertar>ings now in force with respect to officials
of the Tom of Mamaroneck.
On motion by 1,1'r. Bates, seconded by 1,1r. Griffin, it was
unanimously
187
RESOLVED, that in accordance with the provisions of
Section 25 of the Tovin Law the surety bonds or
official undertakings for the Town officials enumerated
below be respectively the amount set after their names
and that said bonds or official undertakings shall
be approved as to form by the Town Board and that the
sureties on such bonds or official undertakings may
be a surety company authorized to transact business in
the State of New York and that the expense of such bonds
or official undertakings be a charge on the Town, to wit:
Supervisor 250000 .00
(under the To?in Law)
Town Clerk 1,000 .00
Justices of the Peace 10000 .00
The 'report of the Town Clerk for the month of November was
received_ and filed.
The report of the Receiver of Taxes and Assessments for the
month of November was received and filed.
The report of the Building Inspector for the month of
Diovember was received and filed.
The Town Clerl-_ called to the attention of the Board the fact
that pursuant to the provisions of Section 108 of the Agriculture and
!Jarkets Law it is the duty of t_e Town Board in the month of December
to appoint a Dog Enumerator.
On motion duly made and seconded, it was unanimously
RESOLVED, that John Forrar of 10 ""'ildwood Road, be
and he hereby is appointed Dog Enumerator of the
Town of ldama'roneck for the year 1936 .
A letter dated November 26, 1935, was received from the
V,destchester County Chapter of the New York State Society of Professional
Eyig
ineers, Inc . inviting the Town Board to attend a. public meeting at
the County Center on December 6, 1935. The invitation vias accepted
with thanks and all members who could do so were urged to attend.
A letter dated December 31 1935, was received from the Title
3., Tcrtgage Company of lUeste'rester County concerning school taxes for
the year 1930 on property k--no nl as Section o, Block 110, Lots lA to
101 inclusive . The matter was referred to the To= Attorney .
A letter dated December 2, 1935, was received from Se renkeisen
and ettner requesting the cancellation of taxes on property Icnovn7 as
Section S. Bloc _ 92, Lots 24 and 25. The matter was referred to the
Town Attorney.
A letter dated November 20, 1935, was received from ?ayor
Joss 'v? . Hooley of the Village of Larchmont concerning 15. P . A. projects
and ordered filed.
The TovFn Clerk reported that Hrs. L. -H. Stockard. of 678 Forest
kvenue had complained orally of the untidy condition of two vacant lots
near her property. The matter was referred_ to Par. Bates .
Pair. Bates reported progress in the matter of the revision
of the map of the proposed extension to Sevier District No . I and on
the matter of replacing the pavement torn up by the Town Sevier Depart-
ment on T'urray Avenue .
The matter of taxes on property owned by Patrick Fynes, which
had been referred to Mr. Griffin, was laid over, as were the following
matters which had been presented at the meeting on November 20 :
docu-nents concerning the acceptance of Lester and ,;ailliam Places and
I
he assessment on property owned by Chas . W. Fagelston.
189
At 10 :15 P. el. the Board recessed to go into executive
session to consider the proposed 1936 tax budget.
At 11:45 P . 1=!. the executive session was concluded and the
Board convened in regular session.
The Supervisor presented detailed estimates in writing of
the amount of expenditures for the fiscal year beginning January 1,
1936, in, for and by their respective offices , boards, departments
and commissions as prepared and filed by every, administrative officer,
board, department and coa-mrission of the Town and every district thereof
Such preliminary estimates were ordered filed_ and considered to be a
part of these minutes .
The Board thereupon prepared an itemized statement in
writin; of the estimated revenues and elvpenditures of the Town for
the fiscal year commencing January 1, 1936, which statement is known
as the Annual Estimate.
Upon motion duly made and seconded, it was upon roll call
luianimou sl y
RESOLVED, that the Annual .Estimate or Tax Budget of
the Town of Iuamaroneck as prepared by this Board for
the year 1936 be and it hereby is approved; and
be it
FURTHER RESOLVED, that said original estimate or
budget be filed in the office of the Town Clerk
where it will be available for inspection by any
interested persons at all reasonable hours; and be it
FURTHER RESOLVED, that the Public Hearing thereon as
required by Section 113 of the Town Law be held by and
before this Town Board on Friday, December 20, 1935,
at 8 :00 P . 1% in the auditorium of the Senior High School
on Palmer Avenue, Iia:naroneck; and be it
FURTHER RESOLVED, that the Town Clerk give notice of
said Public Hearing as required by Section 113 of the
Town Law in The Daily Times, a newspaper published in
the Town of Idamaroneck, which is hereby designated the
official newspaper for the purpose of this publication,
in its issue of December 10, 1935; and be it
FURTHER RESOLVED, that the Comptroller have prepared
one hundred. (100) copies of said Annual Estimate or
Tax Budget for the use of the public.
The Supervisor presented s. letter dated December 3, 1935, from
the Larcrm-ont Shore Club concerning the assessxzent on property owned
by the Club. The matter was referred_ to the Town Attorney.
The Town Cleri: requested that the Board tare action on the
matter of compensation for the year 1935 for the two Custodians of
Voting 1dachines of the Town of P:lama.roneck, which matter he had 'wrought
before the Board at its meeting on November 20, 1935, He stated that
he was desirous of having this matter settled without delay, because
he was required. by law to report to the Board_ of Elections of West-
chester County on the total expenses incurred by the Town for election
purposes each year and that he could not ma'_we such a report until the
compensation of the Custodians had been determined.
On motion by i;lr.Bates, seconded by P:ir. Griffin, it was
unanimously
RESOLVED, that the sum of �200 be and. it hereby is
appropriated from surplus revenues not otherwise
appropriated to be paid as compensation in equal
parts to the two Custodians of Voting Machines of the
Town of Sdariaroneok for the year 1935.
At 11 :50 P. l:' . the Board unanirlousl-y resolved to adjourn.
6-�
20
PUBLIC BEAR=
BY AND BEFORE THE TO-MN BOARD OF TI7 TO-WN OF T AZ'IAROi,IECK, i4EW YORK
IN ACCORDXLTCE +WITH SECTION 113 OF THE TOV T LA7W
HELD DECIMBER 14, 1934
At the Kamaroneck Senior High School, Palmer Avenue , Mamaroneck, 1T. Y.
8:30 P. 11.
The meeting was called to order by Supervisor 1:cCulloch at
Present ; Sumervisor IicCulloch
Councilmen Bates , Brennan, Griffin, L`eginniss
The presence was
attorney Delius, Comptroller
ments Dillon, Superintendent
DeVinne , Assessor Eklund, Ch;
Fire Chief Howe,
also noted of Town Clerk iiarvin, Town
Hirschmann, Receiver of Taxes and" Assess-
of Highways I:lerola, Public Welfare Officer
airman of the Park Commission Downes, and
The Supervisor stated that the meeting had been called pur-
suant to the provisions of Section 113 of article 8 of the Town Law and
that all persons present raho wrere interested ,;could be given the oppor-
tunity to be heard with 'respect to the Annual Estimate or Tax Budget
under consideration, or any part or item thereof.. He stated further
that he had delayed the opening of the meeting beyond the time set forth
in the notice of call in the hope that more persons might be present
that the less than fifty at that moment in the hall.
The Town Clerk presented affidavits of publication of the
public notice in relation to the meeting in accordance with the pro-
visions of Section 113 of the Totem Law. The affidavits were unanimously
approved and ordered filed.
The Su-oervisor presented a brief comparison of the financial
condition of the Town at the time of the Public Hearing held_ or. the
1934 budget and at the present time , showing the notable improvement
effected during the interval., IIe also presented large charts showing
the distribution of the "tax dollar" as between the state, county, town
and school district.
The Supervisor explained that the Toy,=m Board had made every
effort to reduce the budget for 1935 to tine lowest possible point and
stated that he wanted it clearly understood that the budget for 1935
would in all probability be somewhat higher with correspondingly higher
tax rates.
The Supervisor then declared the meeting open for any re-
marks which those persons present might desire to make concerning the
budget or any item or part thereof.
Mr. John T. Austin, representing the Larchmont Gardens
:association, stated that the budget committee of that association had
carefully considered the proposed budget and had approved it. He com-
plimented the Town Board on the budget as presented.
Ir. Harry T. Byrne, representing the Laple Hills Taxpayers
association, stated that at the hearing on the 1934 budget he had been
very critical of the work of the Tovrn Board. This time , however, he
said, he considered that, the Town Board "did a wonderful job" and that
he approved of the budget as presented.
Hrs. Mona T. IsiacRobert, representing the Council of Parent-
Teachers Associations, declared that since the charts shown by the
Supervisor indicated that about 40% of the "tax dollar" is spent for
school purposes, she wished to point out that good schools help to
attract more residents to the Town and thus increase - the total assessed
valuation urit'n a correspondingly lower tax 'rate.
1:r. Robert S. Porter congratulated the Town Board on the
improvement in the To�mn 's financial -position effected during the past
year. He asked several questions concerning the budget and said that
'ne would discuss the matters -referred to with members of the Town Board
at t'ne conclusion of the hearing.
125
Ur. Thomas 3. Sutton questioned the salary increases in
the "higher brackets" and stated that he did not approve of opposing
the pending certiorari proceedings. OthervJise , he said, he thought
the Tov✓n Board has "done fairly well".
A fete scattered remarks were wade from the floor.
At 9 :20 P. I. there- being no further persons who desired
to address the Board concerning the proposed budget the hearing on
motion duly made and seconded unanimously adjourned.
Tw Glerk