HomeMy WebLinkAbout1936_11_18 Town Board Minutes REGULAR =TING OF THE TOWN BOARD
TOV"JN OF MAMARONECK, NEW YORK
HELD N0=13E'R 18, 1936
At the Town Offices, 158 Nest Boston Post Road, Mamaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch at
8: 25 P. M.
Present: Supervisor McCulloch
Councilmen Bates, Brennan, Griffin, Meginniss
The presence was also noted of Torn Clerk Marvin and Town
Attorney Delius.
The minutes of the meetings of October 14, October 15,
October 21 and November 4, 1936, were approved as corrected.
In view of the presence of persons who desired to address
the Board, the regular order of business was suspended.
A delegation representing the West End Republican Club
consisting of Mr. Thomas Nolan, Mr. Edward Bakker, .Zr. Louis Combree,
Sr. appeared before the Board. Per, Nolan, as spokesman, stated that
a large number of traffic accidents have occurred at the intersection
of the Boston Post Road and Dean Place and requested (a) the approval
of the Town Board of the installation of a traffic light and (b) the
installation of one or more street lights between Dillon Road and
Lorenzen Street, between which two streets there are now no lights,
he said.
Mr. J. F, Wing, Chairman of the Police Commission, was
present. He stated that the commission have recently been studying
the matter of traffic lights and would be glad to investigate the
_ request of Mr. Nolan and to report thereon to the Town Board.
The matter of additional street lights was referred to
Mr. Brennan.
Fire Chief LeVino addressed the Board concerning three
matters, as follows:
(1) The inspection of fire hydrants. He reported that
members of the Fire Department had completed an inspection of all
the 219 hydrants in the Fire District and had found a considerable
number of hydrants in poor shape. He requested that the Westchester
Joint Water Works, No. 1 be requested to inspect every hydrant once
every three months.
The Supervisor stated that he would take the matter up
with the Water Works.
(2) He reported that he had directed the Water [rdorks to
move a hydrant on Fernwood Road so as to put it inside the new
curbing now being constructed as a W. P. A. project.
(3) He said that it had been suggested that the Town hold
an annual clean-ap week and he recommended that provision therefor
be made in the new garbage contract which is now being prepared
by the Town Attorney.
The Supervisor said that he believed that it would be
better for the Town Highway Department trucks to make the collections
during clean-up week instead of having it done by the garbage con-
tractors.
There being no other persons present who desired to address
the Board, the regular order of business was resumed.
Mr. Bates reported on the four pending drain projects and
discussed them briefly with the Board. These projects are: (1)
through Engelsted property (2) Sackett Circle area (3) Mr. Shipley' s
property on Weaver Street (4) Eager property on Valley Road.
PJIr. Meginniss reported on finances. He stated that all
the departmental budget requests have been received. The Board
agreed to commence holding hearings on these requests on the evening
of November 20.
Mr. Brennan reported that in accordance with the action of
the Board at its meeting on November 4, 1936, he had investigated
the claim of Westchester Joint hater Works, No. 1 against Clifford
Cross in connection with the locating of a water cut-off box. The
matter was referred to the Supervisor.
A letter dated November 16, 1936, was received from I,torris
rI. Petigor, asking the re-zoning of his property known as Section 4,
Block 24, from A District (Residential) to B District (Apartments) ,
so as to permit the erection of six-story, elevator apartments of
the so-called garden type.
On motion by Mir. Meginniss, seconded by Mr. Bates, it
was unanimously
RESOLVED, that a public hearing be held by and before
this Board on Tuesday December 8, 1936, at 8 P. M.
at the Weaver Street sire House to consider the
request of 'Morris H. Petigor, as above set forth, and
be it
FURTIiER RESOLVED, that the matter of giving notice
of said hearing, as required by law, be referred
to the Town Attorney.
The report of the Town Clerk for the month of October, was
received and filed.
A letter dated November 6, 1936, was received from Public
Welfare Officer DeVinne, requesting certain transfers within the
1936 budget appropriations for the Department of Public Welfare.
The Town Clerk was directed to notify air. DeVinne that budget trans-
fers are made at the end of the year.
The Town Clerk reminded the Board that the surety bonds
of the two Town constables, namely, William J. Yarmy and Lester C.
Faurot, expire December 31, 1936, and that it would be advisable
for the Board to consider the matter of either re-appointing them
or appointing new constables with the view to preventing any lapse
in surety bond coverage. The matter was referred to P.Mr. Griffin.
A letter dated November 18, 1936, was received from
Chairman Frank A. Downes of the Board of Park Commissioners, stating
that the Park Commission believed additional police protection
would be required at the Larchmont Gardens Lake during the skating
season and thereafter owing to improvements made on the lake. The
matter was laid over for consideration in connection with the pre-
paration of the 1937 Police Department budget .
The Superintendent of Highways presented a letter from
the County Engineer enclosing copy of a resolution adopted by the
— Board of Supervisors and a form of contract between the County and
the Town for snow removal on State highways in the Town.
On motion by P+Ir. Brennan, seconded by Mr. Bates it was
unanimously
RESOLVED.WHLREAS, the Board of Supervisors of
Westchester County have adopted resolutions
providing that the public interest demands that
snow be removed from State highways in the County
and requesting that such removal be accomplished
at the joint expense of the State and County as
provided in Section 55 of the highway Law and
directing the County Engineer to enter into agree-
ments with the various towns and villages for such
snow removal; now, therefore, be it
RESOLVED, that the Supervisor be authorized to
execute on behalf of the Town the form of
agreement submitted by the County Engineer
providing for the removal of snow upon State
highways in the Town of IJiamaroneck pursuant
to Section 55 of the Highway Law which provides
for the apportionment of the amount reimbursed
by the State to the County as between the County
and Town; and be it
FURTHER RESOLVED, that the Town Superintendent of
Highways proceed to carry out the provisions of
said contract on behalf of the Town of Mamaroneck.
Mr. Brennan submitted an inventory of the machinery, tools
and implements owned or leased by the Town for highway purposes
which bore the signature of Town Engineer Foote. He stated that it
would be proper for the Board to approve this inventory.
On motion by liGr. Brennan, seconded. by Mr. Bates, it was
unanimously
RESOLVED, that the inventory of the machinery, tools and
implements owned or leased by the Town for highway
purposes dated November 12, 1936, as submitted to this
Board, be and it hereby is approved.
A letter dated November 9, 1936, was received from John
Alvin Nevin of New Rochelle requesting permission to pay taxes
for the year 1912 on property known as Section 6, Block 22, Lots 9,
10 and 11 in the face amount without interest.
On motion duly made and seconded it was unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment of taxes for the year 1912, sale of
1913, on Section 6, Block 22, Lots 9, 10 and 11, in
the face amount thereof without interest, provided
payment be made within thirty days.
The Town Attorney reported that in accordance with the
action taken by the Board at its meeting on November 4, 1936, he
had prepared a form of contract for the collection of garbage, et
cetera, in the Town of Mamaroneck for the year beginning January 1,
1937. The present contract expires December 31, 1936. The Board
discussed with the Town Attorney several changes which he had in-
corporated in the proposed new contract.
On motion duly made and seconded it was unanimously
RESOLVED, that the proposed form of contract for the
collection of garbage, et cetera, in the Town of
_--- Mamaroneck for the year beginning January 1, 1937,
as submitted by the Town Attorney be and it hereby
is approved.
The Town Attorney reported that the lease for the present
Town Offices at 158 West Boston Post Road, Mamaroneck, expires on
December 31, 1936, but it grants to the To,rm an option to renew the
lease for an additional period of one year at the expiration of the
lease at an annual rental of X2,100 instead of an annual rental of
$1800i as provided for the first year.
On motion duly made and seconded it was upon roll call
unanimously
RESOLVED, that the Town exercise its option to renew
the lease on the Town Offices at 158 West Boston Post
Road for an additional period of one year beginning
January 1, 1937, at an annual rental of $2,100.
The Town Attorney reported that he has completed the work
of preparing certain of the proposed new ordinances, namely, General
Town Ordinances, Fire Prevention Ordinances, and Park Commission
Ordinances. He said that the Building and Plumbing Ordinances are
not yet ready.. The Board agreed to act upon those ordinances which
are now ready without waiting for the remainder.
On motion by Mr. Bates, seconded by P,Zr. Brennan, it was
unanimously
RESOLVED, that a public hearing be held by and before
this Board on January 12, 1937, at the Weaver Street
Fire House at 8 P. M. to consider the following pro-
posed new ordinances; namely, General Town Ordinances,
Fire Prevention Ordinances and Park Commission
Ordinances; and be it
FURTHER RESOLVED, that notice of said hearing be
published in both The Daily Times and The Larchmont
Times on December 17, 1936, and that the matter of
attending to this publication be referred to the
Town Attorney.
The Supervisor presented a certified statement from the
Receiver of Taxes setting forth that the amount of uncollected
taxes on the 1936 state, county and town levy is $154,764.50 as of
November 18, 1936.
The Supervisor stated that it would be in order to issue
a $75,000 Tax Revenue Note in anticipation of the receipt of unpaid
taxes .
No.
Mr. Griffin introduced the following resolution:
RESOLVED BY THE TOVu'N BOARD OF THE TOWN OF I4AMARONECK,
I'N THE COUNTY OF VVESTCHESTER, NE-11V YORK, as follows:
Section 1. Unless a form shall be otherwise
provided, all Certificates of Indebtedness of the
Town of Mamaroneck, hereafter issued on account of
unpaid taxes, shall be in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF NEW YORK
COUNTY OF V'ESTCHESTER
TO'+viV OF MAIVIARONECK
CERTIFICATE OF INDEBTEDNESS
SERIES
The Town of Mamaroneck, in the County of Westchester, a
municipal corporation of the State of New York, hereby
acknowledges itself indebted and for value received promises to
pay to the bearer of this Certificate, on the day of
19 , the sum of
DO.ZLARS ($ ) with
interest thereon from the date hereof at the rate of
per centum ( %)
per annum, Both principal and interest of this Certificate are
payable at
in lawful money of the United States of America.
This Certificate is issued pursuant to the provisions of the
Town Law constituting Chapter 62 and the General Municipal Law con-
stituting Chapter 24 of the Consolidated Laws of the State of New
York, as amended, and the Westchester County Tax Law, constituting
Chapter 105 of the Laws of 1916, as amended, for money borrowed in
anticipation of the collection of unpaid State, county, town and town
district taxes, levied in said Town for the fiscal year commencing
January 1, 1936.
IT IS HEREBY CERTIFIED AND RECITED that all conditions,
acts and things required by the Constitution and Statutes of the
State of New York to exist, to have happened and to be performed
precedent to and in the issuance of this Certificate exist, have
happened and have been performed, and that the issue of certificates
of which this is one, together with all other indebtedness of said
Town, is within every debt and other limit prescribed by the Constitu-
tion and Laws of said State; and the full faith. and credit of the
Town of Mamaroneck are hereby pledged to the punctual payment of the
principal and interest of this Certificate, according to its terms.
IN WITNESS WHEREOF, the Town of Mamaroneck has caused
this Certificate of Indebtedness to be
signed by its Supervisor, and countersigned
by its Town Clerk, and the corporate seal
of said Town to be hereunto affixed this
day of _ 1936.
Supervisor of the Town of Mamaroneck.
COUNTERSIGNED:
(SEAL)
Town Clerk.
On motion of Mr. Griffin, seconded by Mr. Bates, the
foregoing resolution was adopted by the following vote:
AYES: Supervisor uTcCulloch
Councilmen Bates, Brennan, Griffin, IF'ieginniss
NAYS; None
Mr. Griffin introduced the following resolution:
RESOLVED BY TF—E TON11T BOARD OF THE 701-fiq OF MAMARONECK,
IN THE COUNTY OF BVESTCHE STER, NEW YORK, as follows:
Section 1. In anticipation of the receipt of
unpaid State, County, Town and town district taxes for
the fiscal year beginning January 1, 1936 and ending
December 31, 1936, and for the purpose of providing
moneys (a) to pay to the County Treasurer the amount
of unpaid State and county taxes, and (b) to meet the
lawful expenditures of the Town and of the town districts
under the appropriations for said year, the Supervisor
is hereby authorized and directed to issue the certi-
ficates of indebtedness of said Town in the aggregate
principal amount of $75,000 pursuant to Chapter 105 of
the Laws of 1916 of the State of New York, as amended.
Section 2. It is hereby determined and declared:
a) The total amount of State, county, town and town
district taxes levied in said Town for said fiscal
year, is. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,038,837.09
b) The total amount of said taxes due and unpaid,
is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154,764. 50
c) The total amount heretofore borrowed and out-
standing in anticipation of the collection of
said taxes, is. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . None
M
Section 3. The following matters in connection
with said Certificates of Indebtedness are hereby
determined:
Date: December 1 , 1936
Maturity: July 1, 1937
Denominations: $}75,000
Interest rate .95 per cent . per annum
Forme As determined by resolution adopted
November 18, 1936.
The Supervisor is hereby authorized to determine all
matters in connection therewith not determined by this or sub-
sequent resolution and his signature upon said Certificates shall
be conclusive as to such determinations. Said Certificates of
Indebtedness shall be signed by the Supervisor and countersigned
by the Town Clerk and shall have the corporate seal affixed thereto.
The Supervisor is hereby authorized and directed to sell said Certi-
ficates at private sale at not less than par, without advertisement
or public bidding, and to deliver the same to the purchaser upon
receipt of the purchase price, plus accrued interest from the date
of the Certificates to the date of delivery.
On motion of Mr. Griffin., seconded by Mr. Bates, the fore-
going resolution was adopted by the following vote:
AYES: Supervisor McCulloch
Councilmen Bates, Brennan, Griffin, Meginniss
NAYS: None
The Board thereupon went into executive session. At the
conclusion of the executive session the regular order of business
was resumed.
Mr. Bates nominated Vito F. Luceno, Clerk to the Supervisor,
to fill the vacancy in the office of Comptroller created by the
death of William. H. Fitzsimmons and to serve for the unexpired term
namely, to December 31 , 1937, at the salary provided in the budget.
Mr. Brennan seconded the nomination.
Mr. Griffin nominated Harold LL Graney of 8 Bay Avenue,
Larchmont.
The roll being called upon the above nominations resulted
as follows:
Supervisor
- Luceno
Mr.
Bates
- Luceno
Mr.
Brennan
- Luceno
Mr.
Griffin
- Graney
1;1r.
Meginniss
- Luceno
The Clerk reported that four votes had been cast for
Mr. Luceno and one for Mr. Graney.
The Supervisor thereupon declared Mr. Luceno appointed to
the office of Comptroller as above set forth.
On motion by Mr. Bates, seconded by Ielr. Ivleginniss, it was
upon roll call unanimously
RESOLVED, that Harold M. Graney be and be hereby is
appointed Clerk to the Supervisor to fill the
vacancy created by the promotion of Vito F. Luceno
to serve at the pleasure of the Board at a salary
at the rate of $1800 per annum, this appointment
to take effect immediately.
At 11:20 P. M. the Board unanimously resolved to adjourn.