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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.