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HomeMy WebLinkAbout1949_05_18 Town Board Minutes 693 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 18th, 1949, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE. PRESENT: Supervisor Mandeville Councilmen: Embury, Watson, Mills and McKeever ABSENT: None Presence was also noted of Town Attorney Delius, Town Accountant Pinson and Town Clerk Gronberg. Supervisor Mandeville called the meeting to order at 8:15 o'clock P. M. (Daylight Saving Time) . A delegation of citizens from the Lafayette and Madison Avenue section of the Town appeared and asked that they be heard. The minutes of April 20th, 1949 were approved with corrections. The Town Clerk presented an affidavit of publication of an ad- vertisement for the sale of miscellaneous equipment , and stated that he had received 3 bids as follows: J. & A. Scrap Iron Dealer $50.05 Morris Zirolnik 45.00 Donohue Bros. 203.00 On motion made by Councilman Watson, seconded by Councilman Mills, it was unanimously RESOLVED that the 3 bids received for the sale of miscellaneous equipment be referred to A. J. Foote for recommendation. A letter , dated May 10th, 1949, was received from Mamaroneck Lodge, 1457 B. P. 0. Elks, inviting the members of the Town Board to parti- cipate in its annual Flag Day party and services to be held on June 14th, 1949 at 6 o'clock P. M. The Town Clerk was instructed to ac- knowledge the letter with thanks and the Members of the Board made note of the date. The Town Clerk reported that he had a request from the Board of Education for the use of 3 voting machines to be used for class elections. On motion by Councilman Mills , seconded by Council- man Watson, it was unanimously RESOLVED that the request of the Board of Education for the use of 3 voting machines be and it hereby is granted. A letter dated May 4th, 1949, together with application for retire- ment of Officer George Blenniss , was received from the Board of Police Commissioners , stating that it was the recommendation of the Police Commission, that the application be accepted. The Town Board approved the recommendation and the letter and appli- cation were ordered placed on filed. A letter , dated May 5th, 1949, together with a report on dog con- trol, was received from Village Manager William H. Johnson, re- questing an additional appropriation from the Town for dog con- trol. The letter and report were referred to Chief Paul A. Yerick. Councilman Watson reported that the Engineering Department, as time was available, had been making a study of the possible develop- ment of Town-owned property on Hommocks Road , and had prepared a layout of the area. He pointed out that the property is all marsh land and at high tide is covered by water. It would be necessary to build dikes in the event this property were developed 695 for park purposes. No estimates have been made and a considerable amount of work will be necessary before any definite plan is avail- able , although the Engineering Department proposes to continue to work on this project as time is available. The Supervisor stated that the development of this land could easily involve an expenditure of more than half a million dollars. He stated that when the time comes to develop this land, a referendum should be held to let the people make the decision. The group from Lafayette Road and Madison Avenue were now ready to be heard. Mr. William S. Brill, an attorney, appeared for the group and stated they wished to make further reference to an alleged violation of the Zoning Ordinance , by Mr. Patsy Giacomo, in operating an auto repair business in a residential area. Mr. Giacomo was repre- sented by Mr. William J. McWilliams, an attorney. Mr. Brill stated that, at the suggestion of the Supervisor at a previous meeting , a committee of the residents of this area had met with the attorney for Mr. Giacomo, in order to try to settle the dispute. However, they met with no success. Mr. Brill then requested permission to ask Mr. Giacomo a few ques- tions regarding the time of the building of some of the houses on the Giacomo property on Fifth and Madison Avenues. Mr. Brill stated that the Building Department records indicate that a build- ing permit was issued for one of the houses in 1924 and the other in 1929, which was after the adoption of the Zoning Ordinance. Mr. McWilliams contended that his client is legally operating in this residential area because of a non-conforming use and he stated L several times that his client has every intention of moving his business out of the area but he insists upon being free to negotiate at a time most favorable for himself. After considerable discussion, the Supervisor suggested that per- haps Mr. Giacomo and his neighbors could agree upon a time limita- tion before the Town Board would be called upon to take any further action upon the alleged violation. The Supervisor suggested that a time limit could be set , which could, if necessary, be extended upon proof of legitimate negotiations. He suggested that a 6-months' limitation be set and in the event of definite negotiations , a maximum of 8 months should be allowed. Mr. Giacomo informed Mr. McWilliams that this was satisfactory to him. Among those who spoke weres Mr. and Mrs. Ralph White Mr. Rex Ricardi Mr. Alan Carnoy Mr. Robert MacCallum Chief Yerick appeared before the Board and stated that a change was contemplated in the traffic signal set-up at the booth at the Station Plaza. He informed the Board that a new control box is needed so that the traffic light on Murray Avenue can work inde- pendently of the traffic light for the other intersections. In the event that experience would show this arrangement held up traffic too long, it would be advisable to go back to the present system, but in either case , a new control box is definitely needed. The Chief explained that in view of the fact that Signal Service Company (now Yarbelite Co. , Inc.) had made this installation, it would be advisable to purchase the control box to match the system and that Field Electric Co. who has been doing the repairs, are familiar with these installations and he would prefer to have them make the installation of the new control box, rather than to ask for com- petitive prices. He further stated that the cost of the control box would be $221, the shields $24. and the installation $178. 697 On motion by Councilman Embury, seconded by Councilman Mills , it was unanimously RESOLVED that the Police Department be and it hereby is authorized to purchase a new control box, together with shields , form Marbelite Co. , Inc. , for the sum of $245; and FURTHER RESOLVED that Field Electric Co. , Inc. be and it hereby is authorized to install said control box at a price not to exceed $178. Chief Burton presented a blueprint and his observations for a pro- posed change in the Building Code of the Town of Mamaroneck in rela- tion to the installation of oil or gas burners. The Supervisor sug- gested that copies of both the proposed amendments and the Fire Chief's observations would be prepared and forwarded to each Councilman for study. Councilman Mills read a letter dated May 17th , 1949, received from Chief Burton, requesting that the vacancy caused by the retirement of Lieutenant P. J. Nolan be filled by Nicolas Soriano, a volunteer member of the Department. The Chief stated that Mr. Soriano was recommended by the Fire Council. The Council also recommended that Mr. Joseph Miller be given an increase in pay to make his salary equivalent to that of the other two lieutenants. The Supervisor pointed out to the Board, and to the Fire Chief, that this matter should first be discussed with the Personnel Officer of the County of Westchester as it might require a competitive ex- amination for this position, due to the additional duties which Mr. Miller would assume. After discussion, it was decided that the matter would be held over and a report made at a later meeting. Councilman Embury read a letter dated May 17th, 1949, from the Board of Police Commissioners , stating that Sergeant Boivin was taking two days of his vacation to attend a conference of the Associated Police Communications Officers , Inc. and it was the recommendation of the Police Commission that his expenses , amounting to not more than $35. for this purpose , be approved by the Town Board. The members of the Board were unanimous in their decision that this time should not be deducted from Sergeant Boivin's vacation as it was felt that his attendance at the conference would be of benefit to the Department. On motion made by Councilman Embury , seconded by Councilman Mills, it was unanimously RESOLVED that Sergeant Louis Boivin be and he hereby is authorized to attend the conference of the Associated Police Communications Officers , Inc. at Erie , Pennsylvania on May 27th and 28th, the expenses not to exceed $35. to be paid out of the budget item in the Police Department budget. Councilman Embury said he would like to see something done about the condition of the Larchmont Gardens Lake. The matter is becomming serious, Mr. Embury said, and steps should be taken to prevent fur- [[[ ther erosion of the banks of the Lake. ■ Supervisor Mandeville read a letter , dated May 13th, 1949, received L from the Automatic Voting Machine Corporation, asking the Town whether it intends to exercise its option to purchase 3 voting machines which the Town rented for the past Fall election, and on which the Town would receive a credit for the amount of the rental paid, this sum being $150. per machine. Following discussion, the Town Clerk was instructed to return the voting machines. 699 Supervisor Mandeville requested a resolution appointing the follow- ing to the Board of Review: Percy M. Bibas , Charles L. Daymon and S. Mills Harris. Following discussion and on motion by Councilman McKeever , seconded by Councilman Watson, it was unanimously RESOLVED that in pursuance of Section 529 of Chapter t 852 of the Laws of 1948 (Westchester County Administra- tive Code) a Board of Review is hereby appointed to consist of Messrs. Percy M. Bibas , Charles L. Daymon and S. Mills Harris , all being resident tax payers of the Town, and shall serve at the pleasure of the Town Board. FURTHER RESOLVED that the compensation of the afore- mentioned members is hereby fixed at the sum of $25. a day but not to exceed $250. each. Supervisor Mandeville brought up the matter of the purchase of an addressograph for the Town Offices. He explained that in 1945 an appropriation of $2,950. was included in that year's budget for the purchase of such a machine but the same had never been purchased and the money was placed in the General Fund Surplus. He further explained that each Board member had already familiarized himself with the proposal. There are two addressing systems available, one , the Addressograph Multigraph Corporation and the other, the Elliott Addressing Machine Company. He went on to say that it was his opinion that the addressograph, Model 1900, was best suited for the work to be done at the Town Office. The Board members expressed themselves in favor of the purchase of this type of machine. On motion by Councilman McKeever , seconded by Councilman Embury, it was unanimously is RESOLVED that an addressograph machine , Model 1900,with adjustments , in the amount of $2,342.75 F. 0. B. Cleveland , plus an approximate sum of $700. for embossing original address places, be purchased; and FURTHER RESOLVED that the Supervisor be and he hereby is authorized to transfer from General Town Surplus to 1949 General Town Budget, Town Office Equipment , a sum sufficient to cover the above. The Supervisor reported that the condition of Richbell Road is im- proved. On motion made by Councilman Embury, seconded by Councilman Watson, it was unanimously RESOLVED that the Town Office be closed on Saturdays from May 28th, through September 3rd, 1949, both in- clusive. Supervisor Mandeville informed the Board that he recommended that Assessor Smith obtain the services of Mr. Harry K. Keller, an appraiser, to assist him in arriving at the figures for assessing the newly constructed apartments on Richbell Road. The members of the Board expressed their approval. The Supervisor presented each member of the Board with a copy of the annual audit as prepared by Glick-Freedman, Certified Public Accountants. Councilman Mills presented a list of claims from the Fire Depart- ment '.. totaling $334.02. He said he had checked the bills and recommended their approval. The members of the Town Board , sitting as the Board of Fire Commissioners, considered the claims , and on motion by Councilman Mills, seconded by Councilman McKeever, it was , upon roll call, unanimously 701 RESOLVED that the following described claims be and they hereby are approved and the Super- visor and Comptroller be and they hereby are authorized to pay the same out of the budget for the Fire Department: Foley's Hardware , Inc. $ 6.89 Burton & Fenton, Inc. 13. 52 is G. W. Merrell 51.66 Fire Chiefs ' Emergency Plan 50.00 Chatsworth Oil & Heating Co. 66.00 New York Telephone Co. 14.25 Westchester Lighting Co. 31;35 Reginald Jubb Garage 21.05 Free Parking Service Station _79.10 Grand Total $334.02 Councilman Mills submitted the following reports Fire Lector's Report for April Aviemore Apartment. Screens on incinerator chimneys replaced. Former condition of Flying debris corrected. Bonnie Briar. Survey of conditions as listed as unsatisfactory in complaint to Board of Governors. Two members of Board to recommend installation of outside fire escape, inside firestairs and increase pressure on standpipes. Cost of installing sprinkler system to be investigated. Alden House. Improvement in refrigeration system installed to L. eliminate frequent cases of ammonia leaks. Gables. Superintendent notified to instruct tenants to remove articles stored on fire escapes. V. F. W. Premises in good condition. Extinguishers refilled at Fire Headquarters. Luby Chevrolet. Premises maintained in excellent conditioh. Flinn Motors. Premises maintained in excellent condition. Bose & er. Premises maintained in good condition considering age of ding. Emerson Furniture Shop. Premises maintained in good condition. New Oil burner functioning well. All apartments with standpipes notified to keep shut-off valve free of corrosion. Respectfully submitted, George Burton, Inspector. Councilman McKeever reported that the Madison Avenue sewer job is completed and that the paving and grading of Lester and Williams Place is progressing. He also stated that the Town is in need of more land to furnish a dumping place. 903 The Town Attorney presented a list of properties on which he requested a resolution cancelling all taxes for 1948 and prior years. This list of properties were those which had been severed from the original List of Delinquent Taxes (1947) because answers had been filed by the owners, and they were later sold to the Town of Mamaroneck by Order of the County Court. On motion by Councilman McKeever, seconded by Councilman Watson, it was unanimously RESOLVED that the Receiver of Taxes and Assess- ments be and he hereby is directed to cancel all taxes of 1948 and prior years on the following properties: pluck Parcel 131 8 131 35 131 5 131 59 501 502 1 501 40 501 216 501 168 501 125 502 503 11 502 44 604 124 24 604 361 943) 28 Attorney Delius presented a tax bill in the amount of $6.37 which he had received from Mr. C. T. Moody, President of Rock- ledge Holding Corporation. Mr. Delius explained that this bill covered the tax on property through which Mr. Moody had given the Town a sewer easement, and requested that the tax be cancelled. On motion by Councilman Embury, seconded by Councilman Watson, it was unanimously RESOLVED that the Receiver of Taxes and Assess- ments be and he hereby is directed to cancel the 1949 State , County and Town tax on property known on the Tax Assessment Map of the Town of Mamaroneck as Block 107, Parcel 48. The Town Attorney presented an affidavit from Donald F. Tripp, stating as follows: That he had been the owner of property known on the Tax Map of the Town of Mamaroneck as Block 962 , Parcel 47, and Block 962 , Parcel 58 and that on or about July 9th, 1945, he sold the first of these parcels to Theodore H. Joseph and wife and the second parcel to Edward Goldberger and wife. That at the time of the purchase of this property from Edgewater Point, Inc. , in November , 1927, he had had no knowledge of a cer- tain tax sale at which the Supervisor of the Town of Mamaroneck had sold liens against these parcels for the year 1929, to Bonded Capital Corporation. 705 That in 1931, a tax lien foreclosure was commenced against these properties by Sharot Realty Co. , Inc. to whom the tax liens had been assigned by Bonded Capital Corporation and that he then personally and without the assistance of an attorney, paid the amount of these tax liens , directly to the plaintiff in this action or their attorney, Messrs. Posner and Posner, of Mount Vernon, New York, and at that time obtained satisfactions and the original transfers L. of tax liens. That subsequent to the sale of said property to Theodore H. Joseph and wife and Edward Goldberger and wife, he, Donald F. Tripp, left Mamaroneck and moved to California and in the process of moving, either destroyed or mislaid these satisfactions and transfers of tax liens. That he would indemnify the Town of Mamaroneck against any loss occasioned by the production of the original liens and he asked that duplicates be issued. With this affidavit, the Town Attorney submitted duplicate satisfactions signed by Bonded Capital Corporation and also an affidavit and stipulation and order discontinuing the tax lien foreclosure action brought by Sharot Realty Co. , Inc. On motion made by Councilman Mills, seconded by Councilman Watson, it was , upon roll call, unanimously RESOLVED that duplicate liens covering premises known as Block 962, Parcel 47 (old number , Section 9, Block 105, Lot 61 and Section 9, Block 105, Lot 62) and L Block 962, Parcel 58 (old number, Section 9, Block 105, Lot 63 and Section 9, Block 105, Lot 64) sold by the Town on May 28th, 1930 (taxes of 1929) may be issued pursuant to the provisions of the Westchester County Tax Law (Section 582 of the Westchester County Administrative Code) so that the same may be surrendered to the Receiver of Taxes , together with a satisfaction, and marked satisfied. A letter dated May 16th, 1949, received from Punta & Marx, Inc. relative to the assessment on Larchmont Properties , Inc. , was referred to Town Attorney Delius. The Town Attorney was instructed to prepare a list of reductions in certain of the assessments on properties owned by Bowery Savings Bank to be submitted to the Board at its next meeting. There being no further business to come before the Board, it was unanimously agreed to adjourn at 10:30 P. M. , to meet again on June 1st, 1949. if i ..j lam • Cl