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HomeMy WebLinkAbout1957_04_03 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 3, 1957, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE- HOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. PRESENT: Supervisor Burchell Councilman Brush Councilman Waterman Councilman Santoro ABSENT ALSO PRESENT; Councilman Kane Mr, Gronberg Mr. Delius Mr. Friedlander Mr. Orsino Mr. Finson Mr. O'Brien Mrs, Brewer - Town Clerk - Town Attorney - Town Engineer - Comptroller - Accountant - Superintendent of Highways - Secretary PUBLIC HEARING--ADOPTION OF ORDINANCE PERMITTING GOLF TOURNAMENTS ON SUNDAY The Clerk presented the Affidavit of Publication of Notice of Hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on March 22nd, 1957, and at the request of the Supervisor, read the pro- posed ordinance. The Supervisor declared the Hearing open and invited anyone interested to speak either for or against the pro- posed ordinance. The following persons were heard. In favor: Mr. Frank M. Gagliardi In opposition: None Mr. Gagliardi appeared on behalf of the Winged Foot Golf Club and stated that he considered it a great honor to the community to have this Club selected as the site for the National Women's Open Golf Tournament and requested, in view of the reading of the Penal Law, that this proposed ordinance be adopted in order to avoid any possible con- fusion as to play on Sunday, the first day of the week, after 2 o'clock in the afternoon, in the case of a tie, Upon the Supervisor ascertaining that no one else wished to speak, either for or against the proposed ordinance, on motion by Councilman Brush, seconded by Councilman Santoro, it was unanimously RESOLVED that the Hearing be declared closed. Whereupon, on motion by Councilman Santoro, seconded by Councilman Brush, the following resolution was unani- mously adopted. RESOLVED that pursuant to Section 2145 of the Penal Law, the following ordinance is hereby adopted. GOLF TOURNAMENTS PERMITTED ON SUNDAY It shall be lawful to conduct or participate in golf tournaments on Sunday, the first day of the week, after 2:00 o'clock in the afternoon, and to charge admission fees to persons wit- nessing the same. FURTHER RESOLVED that a copy of this ordi- nance be published once in the official newspaper of the Town of Mamaroneck, The Daily Times, and posted on the Bulletin Board maintained by the Town Clerk. OLD BUSINESS OPENING OF BIDS--EXTENSION OF SEWER ON BURTON ROAD The Clerk stated that he had received one of the two bids submitted by 5 o'clock in the afternoon of April 3rd as specified in the Notice and that the other bid was not sub- mitted until just preceding the Town Board Meeting at 8.15 p.m. The Supervisor inquired as to the legality of accepting and opening the late bid, and the Town Attorney advised that it could not be accepted or opened and should be re- turned unopened to the bidder. The Clerk then presented the Affidavit of Publication of Notice for bids as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on March 22nd, 1957, and opened the bid received in accordance with the terms of the Notice. He presented this bid, submitted by the Con-De Contracting Corporation of 706 Grove Street, Mamaroneck, in the amount of $15, 558. 80 with certified check in the amount of $777. 94 enclosed therewith. Following a short discussion, on motion by Councilman Santoro, seconded by Councilman Brush, it was unani- mously RESOLVED that all bids, i. e. the bid of the Con-De Contracting Corporation of 706 Grove Street, Mamaroneck, New York, submitted for the extension of the sewer on Burton Road be rejected for the reason that there are in- sufficient funds in the budget to cover this bid, FURTHER RESOLVED that the Town Clerk re- turn to the Con-De Contracting Corporation _._ the certified check in the amount of $777. 94, EXTENSION OF WATER MAIN ON PRYER MANOR LANE REQUEST OF BERNARD KAPLAN --Block 506 - Parcel 6 The Town Attorney explained that Mr. Kaplan had requested the extension of the water main on Pryer Manor Lane on October 3, 1956, and that this Board had adopted a resolu- tion authorizing this extension in accordance with the esti- mate submitted by George Straub, Superintendent of the Westchester Joint Water Works No. 1, but subject to a further report from the Town Attorney and Engineer for the reason that at that time no deed or release to the street had been obtained. The Attorney reported that said deed or re- lease had now been obtained and advised that Mr. Kaplan would like to proceed with the requested extension, to be paid for at his expense, but advised that Mr. Kaplan re- quested the Board to authorize the usual 907b refund agree- ment thereupon. After a short discussion, on motion by Councilman Brush, seconded by Councilman Santoro, it was unanimously RESOLVED that the Town of Mamaroneck hereby approves the construction or extension of a water line or main on Pryer Manor Lane, which prop- erty is known as Block 506, Parcel 6 on the Tax Assessment Map of the Town of Mamaroneck, for a distance of 52 feet at a cost of $158. 27 to be paid by the applicant, Bernard Kaplan. FURTHER RESOLVED that the applicant, Bernard Kaplan, shall deposit with the Westchester Joint Water Works No, 1 the sum of $158. 27, and in ad- dition, shall pay the cost of excavation, back-fill, and.pavement restoration along Pryer Manor Lane, and shall comply in all respects with the Ordinance of the Town of Mamaroneck regarding street open- ing permits. FURTHER RESOLVED that the Town Board approves the usual agreement between the Westchester Joint Water Works No. 1, Bernard Kaplan, and the Town of Mamaroneck, providing that the amount deposited by him for the cost of construction of said water line or main shall be subject to a refund of 9010 of the revenues derived from the sale of water to customers connected to this main for a period of 10 years, or un- til the total amount of his deposit is refunded, which- ever event shall first occur. NEW BUSINESS RESOLUTION AUTHORIZING COMPENSATION SCALE FOR PER DIEM EMPLOYEES IN ALL DEPARTMENTS The Clerk presented the following communication from the Town Accountant, Alexander Finson, dated April 2nd, 1957: -- "It has been brought to our attention by the Auditors of the State Department of Audit and Control, that the Town Board should authorize the scale of compensa- tion for per diem employees, in the Highway, Garbage, Sewer, and Park Departments, annually as is the case with salaried employees. In order to comply with their interpretation of the Sta- tutes, it is respectfully requested that the Board au- thorize the following compensation scale for these em- ployees for 1957: Labor Foreman - $1. 85 per hr. Laborers - $1.40--1. 75 " Sewer Maintenance Man - 1. 65 If On motion by Councilman Brush, seconded by Councilman Waterman, it was unanimously RESOLVED that the Compensation Scale for per diem employees of the Town of Mamaroneck for the year 1957 for all departments shall be fixed as follows: Labor Foreman - $1. 85 per hr, Laborers - 1.40 - 1. 75 per hr. Sewer Maintenance Man - 1. 65 per hr. RESOLUTION AUTHORIZING EXPENSES OF ASSESSOR TO ANNUAL CONVENTION A resolution was requested authorizing the payment of the Assessor's expenses incurred in attending the New York State Assessors' Association's Annual School in Syracuse, New York, on April 1, 2, and 3, 1957. On motion by Councilman Santoro, seconded by Councilman Brush, it was unanimously RESOLVED that Thomas J. McEvoy, the Town Assessor, be and he hereby is authorized to attend the New York State Assessors' Associa- tion's Annual School in Syracuse, New York, on April 1, 2, and 3, 1957. FURTHER RESOLVED that the Comptroller be and he hereby is authorized to audit his claim for expenses of the trip, not to exceed the sum of $125. 00, said expenses to be paid out of the item in the budget for this purpose. COMMUNICATIONS NOT ON THE AGENDA (1) Request of Cerebral Palsy Association The Clerk presented a communication from Robert W. Mock, Executive Director of the United Cerebral Palsy Association of Westchester County, Inc. , under date of March 19, 1957, requesting permission to place Cerebral Palsy canisters in the stores of the community during the month of May for the Annual Cerebral Palsy Campaign. The Board directed the Clerk to advise Mr. Mock that this permission was granted, MATTERS NOT ON THE AGENDA (1) Mr. Harry Alpiar--Proposed Swimming Pool The Supervisor invited Mr. Alpiar to address the Board and stated that since Mr. Alpiar's last appear- ance before the Board, the members of the Board had studied the materials available from the former work of the Swimming Pool Committee and Recreation Com- mission in connection with this matter. During the discussion, various points were raised by the Supervisor, the Attorney, and Councilmen Brush; Santoro, and Waterman, relative to the over-all taxes and the other improvements on the current agenda such as the new water supply line, possible sewer construc- tion, possible development of the Town owned Hom- mocks area as a small boat area and beach, and the contemplated further building expansion program in con- nection with the Junior High School. The Supervisor stated that all of these items required considerable out- lay, that first things must come first, and that all must be considered in the light of the taxpaying dollar. How- ever, he suggested that the Clerk make available to Mr. Alpiar the figures from the survey formerly con- ducted in connection with the construction of a swim- ming pool in 1954 and stated further that the Board would be glad to give Mr. Alpiar any assistance pos- sible in further consideration of this matter. The Town Attorney explained that the Town Board would be required to hold a referendum on a proposition to build a swimming pool if 510 of the qualified electors in the Town signed a petition. The words, qualified electors, meaning persons who are property owners in the Town of Mamaroneck and who were on the election rolls at the time of the last election of Governor. Mr. Alpiar thanked the members of the Board for their time and consideration and again urged that this matter be put to the taxpayers direct on a referendum. REPORTS The Clerk presented the following reports which were received and placed on file; Report of the Receiver of Taxes and Assessments for the month of March, 1957. Report of the Town Clerk for the month of March, 1957. Report of the Building Inspector for the month of March, 1957. Statement of Bank Balances, Town of Mamaroneck, as of April 1, 1957. Report of the Supervisor for the period from January 1st to February 28th, 1957. REPORT OF THE SUPERVISOR (1) Acquisition of Property by the Thruway The Supervisor reported that there were certain parcels of town-owned property which had been taken over by the Thruway Authority for Thruway purposes. In order to determine the amount which the Town should request from the Thruway Authority in payment for said parcels, he recommended that an Appraiser be retained to assist the Supervisor in arriving at such figures. On motion by Councilman Santoro, seconded by Council- man Waterman, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to retain the services of an expert Real Estate Appraiser to as- sist in determining the fair value of those parcels of Town owned property taken over by the New York State Thruway Authority for Thruway purposes. (2) Request of American Legion The Supervisor reported that William Tait, Treasurer of the American Legion Post #347, re- quested permission to solicit and sell Bonus Books at $1. 95. The Board granted permission,for such solicitation and sale by the American Legion Post #347. REPORTS OF THE COUNCILMEN Councilman Brush -- (1) Civil Defense Councilman Brush reported that the Super- visor and he had attended a meeting of the Civil Defense and Red Cross Directors to discuss the coordination of the programs in order to provide the best possible protection and education of the community. (2) Apportionments Councilman Brush presented the following petitions received from the Assessor for the cor- rection of the assessment roll so as to permit the -" apportionment of taxes. On motion by Councilman Brush, seconded by Councilman. Waterman, the following resolu- tion was unanimously adopted: WHEREAS, the Assessor has presented peti- tions for the correction of the assessment roll for certain years, pursuant to the provisions of Section 557, Article 16, of the Westchester County Admin- istrative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correc- tion of said assessment roll: NOW, THEREFORE, BE IT RESOLVED that the assessment roll of 1956, taxes of 1957, which shows property now appearing on the roll as follows: Block Parcel Name Land Imp Total 101 1 Harold K. Guinzburg $ 4, 000 $ 2, 800 $ 6, 800 & ors 685 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 101 1 Harold K. Guinzburg $ 200 $ $ 200 & ors 101 12 Niels P. Petersen & W 3, 800 2, 800 6, 600 FURTHER RESOLVED that the assessment roll of 1956, taxes of 1957, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 409 663 Levette L. Butler 1, 700 6, 300 8, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 409 663 James Haupt & W 100 100 406 664 Levette L. Butler 1, 600 6, 300 7, 900 FURTHER RESOLVED that the assessment roll of 1956, taxes of 1957, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land only 403 71 Hubert M. Finnerty $ 18, 500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 403 71 & 319 Hubert M. Finnerty 17, 200 403 324 George A. Cortesi & W 1, 300 FURTHER RESOLVED that the assessment roll of 1956, taxes of 1957, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land only - 958 700 Clinton Loyd 5, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 958 700 Clinton Loyd 3, 800 958 721 Adolph Weil Sr. & ors 1, 200 0 Councilman Waterman Councilman Waterman stated that he had no report other than that pertaining to Fire matters. Councilman Santoro -- (1) Bids for Sewer Extension on Burton Road Councilman Santoro stated that since the bid submitted for this work was greatly in ex- cess of the available funds in the budget, it would be necessary to readvertise for bids, and upon his motion, seconded by Councilman Brush, it was unanimously RESOLVED that the Town Clerk is au- thorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, notice for bids for the extension of the sewer on Burton Road in accordance with the specifi- cations on file in the Office of the Town Clerk. FURTHER RESOLVED that said notice provide that sealed bids will be publicly opened at a regular meeting of the Town Board on April 17, 1957, in the Council Room of the Wea- ver Street Firehouse, Weaver Street, Town of Mamaroneck, at 8;15 p.m. (2) Removal of Building located in Town Yard Councilman.Santoro reported that the cost of removing the concrete building formerly used as a sewerage disposal plant had been found to be prohibitive, and suggested as an alternate plan, that the building be cleaned up and painted and used as a storage place for Highway equipment. After a short discussion, on motion by Councilman Santoro, seconded by Councilman Brush, it was unanimously RESOLVED that the Superintendent of Highways be and he hereby is author- ized to renovate the concrete building formerly used as a sewerage disposal plant and located at the Town Yard at a cost not to exceed the sum of $471.75, which sum shall not cover the cost of new doors for said building. IM REPORT OF THE TOWN ATTORNEY (1) Acquisition of Property by Thruway Authority The Attorney reported on the acquisition of two parcels of property owned by the Village of Ma- maroneck in which the Town has an interest by the New York State Thruway Authority and recommended that the Town accept the following sums in accordance with the agreement had between the Village of Mamar- oneck and the Town of Mamaroneck governing the dis- tribution of the proceeds of such sales of properties foreclosed by in rem actions* For Block 817, Parcel 635 - $ 942.41 For Block 829, Parcel 153 - 1, 283.85 These figures, he stated, had been computed by the Village of Mamaroneck Treasurer and the Town Ac- countant. He further recommended that the Thruway Authority be notified to this effect so that separate checks would be issued thereupon by said Authority. On motion by Councilman Santoro, seconded by Councilman Waterman, it was unanimously RESOLVED that the Town of Mamaroneck ac- cept as its share of the proceeds from the ac- quisition by the New York State Thruway Au- thority of the following described two pieces of property owned by the Village of Mamaro- neck and in which the Town of Mamaroneck has a share, and known as Block 817 - Parcel 635 and Block 829 - Parcel 153 on the Tax As- sessment Map of the Town of Mamaroneck, the sums of $942. 91 and $1, 283. 85 respectively. FURTHER RESOLVED that the New York State Thruway Authority be notified of the adoption of this resolution by this Board so that separate checks may be issued by the Thruway Authority on each parcel of property. (2) Petition for Extension of Sewer District No. 1 (Portion of Glen Rock Estates) The Attorney reported that a petition had been filed by Joseph W. Gleicher of 27 Cushman Road, Scarsdale, New York, for the extension of Sewer Dis- trict No. 1 of the Town of Mamaroneck to include a portion of Glen Rock Estates, east of Fenimore Road, which petition has attached to it topographical maps and map showing the boundaries of said extension. The Attorney further stated that this required a Public Hearing, and on motion by Councilman Santoro, sec- onded by Councilman Brush, the following order was unanimously adopted: WHEREAS, a petition purporting to be signed by the requisite number of property owners as required by Section 191 of the Town Law, petitioning the Town Board of the Town of Mamaroneck to create an exten- sion designated as Section "p" to Sewer District No. 1 of the Town of Mamaroneck, and to construct a sewer system therein, said petition describing the boun- daries of the proposed extension and stating the amount to be expended for the proposed sewer system to be constructed in said extension, together with a map and plan prepared by Ralph Cronquist and Chester Cron- quist, professional engineers, entitled "Boundary of Proposed Extension to Sewer District No. 1 and Plan for Improvements, Glen Rock Estates, Town of Mamar- oneck, Westchester County, New York, December 23, 195 5", showing the boundaries of the proposed exten- sion, a general plan of the proposed sewers to be con- structed therein including all outlets and the terminus, course, and the profiles of each proposed sewer or drain and showing the manner in which said sewer sys- tem will connect with and drain into trunk sewers of the Westchester County Sanitary Sewer Commission (Mamaroneck Valley Sewer District) has been filed in the office of the Town Clerk of the Town of Mamaroneck on April 3, 1957, and has been duly presented to this Board, now, therefore, THE TOWN BOARD OF THE TOWN OF MAMARO- NECK, IN THE COUNTY OF WESTCHESTER, HEREBY RESOLVES AS FOLLOWS: Section 1. The following order is hereby adopted and approved, and when signed by the members of this Board present at this meeting, the same shall constitute an order by this Board: ORDER CALLING A HEARING ON MAY 1st, 1957 IN THE MATTER OF THE EXTENSION OF Sewer District No. 1 of the Town of Mamar- oneck, County of Westchester, State of New York, ############################################# WHEREAS, a petition purporting to be signed by the requisite number of property owners as required by Sec- tion 191 of the Town Law, petitioning the Town Board of the Town of Mamaroneck to create an extension desig- nated as Section "p" to Sewer District No. 1 of the Town of Mamaroneck, and to construct a sewer system there- in, said petition describing the boundaries of the pro- posed extension and stating the maximum amount to be 1 expended for proposed sewer system to be constructed in said extension, together with a map and plan pre- pared by Ralph Cronquist and Chester Cronquist, pro- fessional engineers, entitled, "Boundary of Proposed Extension to Sewer District No. 1 and Plan for Improve- ments, Glen Rock Estates, Town of Mamaroneck, West- chester County, New York, December 23, 195511, show- ing the boundaries of the proposed extension, a general plan of the proposed sewers to be constructed therein,_ including all outlets and the terminus, course, and the profiles of each proposed sewer or drain and showing the manner in which said sewer system will connect with and drain into the trunk sewers of the Westchester County Sanitary Sewer Commission (Mamaroneck Valley Sewer District) has been filed in the Office of the Town Clerk of the Town of Mamaroneck on the 3rd day of April, 1957; and WHEREAS, the boundaries of said proposed exten- sion of Sewer District No. 1 of the Town of Mamaroneck are as follows; ALL those certain plots or pieces or parcels of land, situate, lying and being in the Town of Mamaroneck, County of Westchester, and State of New York, which lands are shown on a_certain map entitled, "Subdivision Map for Sections 2 and 3 Glen Rock Estates in the Town of Mamaroneck, Westchester County, New York, 11 dated April 23, 1954, made by Ralph Cronquist and filed in the Westchester County Clerk's Office, Division of Land Rec- ords, on June 1, 1954, as Map No. 9103, as lots 13, 14, 15, 16, 17 and 18 and also Country Road lying northward from the Cross County Parkway and also a portion of Cross County Parkway shown on the aforesaid County Clerk Map No. 9103, which lands lie within the Unincorporated Town of Mamaro- neck and when taken as one contiguous whole are more particularly bounded and described as follows; BEGINNING at the northeasterly corner of Lot 18 and running thence along the easterly boundary of said lot S 5" 24' 25" East 308. 28 feet to the northerly boundary of Cross County Parkway; running then on the prolongation of said easterly boundary of Lot 18 S. 5° 24' 25" East 227. 07 feet to Lot 9; running thence along Lot 9 in a gen- eral southwesterly direction on a curve to the left with a radius of 4425. 00 feet, a central angle of 9° 54' 05" and an arc length of 764. 69 feet to a point of com- pound curve; running then-along still in a southwesterly direction on a curve to the left with a radius of 950.00 feet, an arc length distance of 447. 68 feet to a point of reverse curve; running then still in a gen- eral southwesterly direction on a curve to the right with a radius of 2500. 00 feet, a central angle of 5° 45' 00f1 and an arc length of 250. 89 feet to a point of reverse curve; running then still in a general south- westerly direction on a curve to the.le£t with a radius of 1500. 00 feet, a central an- gle of 6° 391 20'� and an arc length of 174. 26 feet to the southwesterly boundary of Cross County Parkway on the aforesaid map 9103; running then along said boundary and the southwesterly boundary of Lot 13 N 39° 19° 4211 West 479.84 feet to the southeasterly boundary of lands of the Winged Foot Hold- ing Corporation; running then along said boundary N 38° 54' 50" East 694. 57 feet and N. 87° 421 20" East 50. 19 feet to the lands of Tishman; running thence along said boundary S 87° 08' 00" East 87. 50 feet and S 33° 30' 35" East 593. 31 feet and N 56 29' 25" East 75.00 feet and N 840 35T 35" East 182. 11 feet to the point or place of be- ginning. The said premises are also known as Lots 13, 14, 15, 16, 17, and 18 on a certain map entitled, "Sec- tion Two and Three, Glen Rock Estates, in the Town of Mamaroneck, Westchester County, New York", made by Ralph Cronquist, dated April 23, 1954, and filed in the County Clerk's Office, Divi- sion of Land Records, on June 1, 1954, as Map No. 9103, as well as the portion of property owned by the County of Westchester and acquired for the Cross County Parkway as shown on Map of Cross County Parkway, Sheet 14, Parcel 5 (County Clerk Map No. 2736). WHEREAS, said proposed extension is situated in the Town of Mamaroneck wholly outside of any incorporated Village; and WHEREAS, the estimated amount to be expended in con- structing and completing the improvements proposed is Fifteen Thousand and no/100 Dollars, ($10, 000; 00) to be borne exclusively by the petitioner: IT IS ORDERED AS FOLLOWS: At a meeting of the Town Board to be held on the 1st day of May, 1957, at 8:15 p.m. , in the Council Room of the Wea- ver Street Firehouse, corner of Edgewood Avenue and Wea- ver Street, Town of Mamaroneck, the Town Board of the Town of Mamaroneck will meet to consider the said petition for the extension of Sewer District No. 1 of the Town of Mamaroneck, lying in the said Town of Mamaroneck, out- side of Incorporated Villages of Larchmont and Ma- maroneck, and to hear all persons interested in the subject thereof, concerning the same. TOWN BOARD OF THE TOWN OF MAMARONECK 10 George D. Burchell, Supervisor Jeremiah C. Waterman C. Benjamin Brush, Jr. B. J. Santoro Councilmen Section 2. A copy of such Order together with a Certificate by the Town Clerk showing the date of the adop- tion of the same, shall be published once, i. e. on the 20th day of April, 1957, which is not less than 10 nor more than 20 days before the date set therein for the Hearing, in the Daily Times, the official newspaper in the Town of Mamar- oneck, and shall be posted in 5 public places within the pro- posed extension to Sewer District No. 1, and also on the Bulletin Board at the Town Clerk's Office, 158 West Boston Post Road, in the Village of Mamaroneck, not less than 10 nor more than 20 days before the date of said Hearing. Section 3. This resolution shall take effect immediately. (3) Communication from Meighan & Necarsulmer (Return of $100. 00 deposit to Albert Construction Company) The Attorney reported that he had received a letter under date of March 22, 1957, from Hunter Meighan of Meighan & Necarsulmer, attorney for the Albert Construction Company, requesting the return of a $100. 00 deposit which accompanied a petition for - - the annexation by the Village of Mamaroneck of a small part of the Unincorporated Area of the Town of Mamaroneck. Mr. Meighan pointed out that the law had been amended in 1954 dispensing with the provision that a deposit of $100. 00 accompany such 1 petitions. The Attorney recommended that the Board au- thorize the return of this sum of $100. 00, and upon mo- tion by Councilman Waterman, seconded by Councilman Brush, it was unanimously RESOLVED that this Board hereby authorizes the return to the Albert Construction Company of the sum of $100. 00 which pursuant to Section 348 of the Village Law accompanied a petition received -- from said Company on February Znd, 1955, for the annexation by the Village of Mamaroneck of certain territory in the Town of Mamaroneck lo- cated on the westerly side of Mamaroneck Avenue between the northerly boundary of the Village of Mamaroneck and the west reservoir of the West- chester Joint Water Works No. 1. (4) Proposed Settlement of Certiorari Proceedings -- Larchmont Properties, Inc. The Town Attorney referred to the matter of the settle- ment of certiorari proceedings brought by Larchmont Properties, Inc. (Knotty Knolls Apartments) for the years 1950 to 1955 inclusive affecting taxes levied for 1951 to 1956 inclusive. This matter, he stated, had been before the Board in August of 1956, at which time he had recommended a settlement on the basis of tentative figures satisfactory to the property owner. In the meantime, S. Edwin Kaz- din, a qualified Appraiser and member of the .American Institute of Real Estate Appraisers, had been asked to make an appraisal of this apartment as well as Larch- mont Acres (Larchmont Apartments, Inc. ) which the petitioners in the certiorari proceedings cited as an in- stance of inequality. Mr. Kazdin stated in a letter under date of April 2, 1957, that after reviewing this matter generally with consideration given to all of the information and data available in respect to other apartment houses in the Town, he approved the proposed settlement as being "a prudent action and in the best interests of the taxpayers." Whereupon, on motion by Councilman Brush, seconded by Councilman Waterman, upon roll call, the following reso- lution was unanimously adopted: WHEREAS, heretofore writs of certiorari were ob- tained by Larchmont Properties, Inc. , owners of two (2) parcels of property known and described as Block 918 - Parcel 1 and Block 408 - Parcel 290 on the Tax Assessment Map and Assessment Roll of the Town of Mamaroneck for the following years; 1950 for taxes of 1951, 1951 for taxes of 1952, 1952 for taxes of 1953, 1953 for taxes of 1954, 1954 for taxes of 1955, 1955 for taxes of 1956; and WHEREAS, the Town Attorney recommends to this Board that the proceedings be settled and discontinued upon the reduction of certain of these assessments; NOSY, THEREFORE, BE IT RESOLVED that the assessments for the years 1950 for taxes of 1951, 1951 for taxes of 1952, 1952 for taxes of 1953, 1953 for taxes of 1954, 1954 for taxes of 1955, and 1955 for taxes of 1956, upon property owned by Larchmont Properties, Inc, and described upon the Assessment Map and Assessment Roll of the Town of Mamaroneck as Block 918 - Parcel 1 and Block 408 - Parcel 290 be reduced as follows: Block 918 - Parcel 1 From Assm°t, Tax Year Year Land Improvement Total 1951 1951 1952 $123, 000 $1, 408, 000 $1, 531, 000 1952 1953 123, 000 1, 408, 000 1, 531, 000 1953 1954 123, 000 -1, 408, 000 1,531, 000 1954 1955 123, 000 1, 408, 000 1, 531, 000 1955 1956 123, 000 1, 408, 000 1, 531, 000 To Assmtt. Tax Year Year Land Improvement Total 1951 1952 $123, 000 $ 1, 372, 900 $1, 495, 900 1952 1953 123, 000 1, 357, 700 1, 480, 700 1953 1954 123, 000 1, 302, 500 1, 425, 500 1954 1955 123, 000 1, 267, 300 1, 390, 300 1955 1956 123, 000 1, 232, 100 1, 355, 100 242, 625 Block 408 - Parcel 290 From Assm°t, Tax Year Year Land Improvement Total 1951 1952 $ 57, 900 $ 211, 100 $ 269, 000 1952 1953 57, 900 211, 100 269, 000 1953 1954 57, 900 211, 100 269, 000 1954 1955 57, 900 211, 100 269, 000 1955 1956 57, 900 211, 100 269, 000 To Assm`t. Tax Year Year Land Improvement Total 1951 1952 $ 57, 900 $ 205, 825 $ 263, 7-25 1952 1953 57, 900 200, 550 258, 450 1953 1954 57, 900 195, 275 253, 175. 1954 1955 57, 900 190, 000 247, 900 1955 1956 57, 900 184, 725 242, 625 9 30 provided the certiorari proceedings now pending in the name of Larchmont Properties, Inc. for the years 1951 for taxes of 1952 through 1955 for taxes of 1956 inclu- sive be discontinued without costs as against either party, and provided further that the proceedings affect- ing the year 1950 for taxes of 1951 be discontinued with- out costs as against either party and without reductions in the original assessment; and it is FURTHER RESOLVED that all refunds of taxes due by reason of such reductions be paid without interest; and it is FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipula- tions to obtain an order of the Supreme Court providing for such reductions. ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 9:37 p.m. , to reconvene April 17th, 1957. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. OPENING OF BIDS FOR PUMPER The Clerk presented the Affidavit of Publication of Notice for the purchase of a 1000 gallon Pumper as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on March 9th, 1957, and opened the follow- ing bids submitted in accordance with the specifications on file in the Office of the Town Clerk. Bidder Price Ward LaFrance Truck Corporation Elmira, New York For -- 1 model 1120-T 1, 000 Gallon pumping engine and all extras as per specifications $Z3, 497. 00 (less allowance on Seagrave) 3, 000. 00 Net Bid $20, 497. 00 Bidder Price American LaFrance Foamite Corporation Long Island City, New York For -- Pumping engine with semi-cab Bid A - 275 HP Engine $22, 196. 00 Bid B - 305 HP Engine 22, 696. 00 After some discussion, on motion by Commissioner Waterman, seconded by Commissioner Santoro, it was unanimously RESOLVED that the bids for the purchase of the Pumper be referred to the Fire Chief and Fire Council for further report and recommendation to this Commission. REPORTS Commissioner Waterman presented the following report which was received and placed on file: Fire Report for the month of March, 1957. CLAIMS Commissioner Waterman presented the following Fire De- partment claims which had been audited by the Comptroller and approved by the Fire Chief. On motion by Commissioner Waterman, seconded by Commis- sioner Santoro, it was unanimously RESOLVED that the following claims be and they hereby are approved and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the budget for the Fire Department: Con Edison $ 49. 79 New York Telephone Company 80. 05 Robert's Dept. Store 81. 00 Grand Total $ 210. 84 STATIONING OF FIRE ENGINE AT TOWN YARD DURING NEW YORK STATE THRUWAY CONSTRUCTION AT WEAVER STREET BRIDGE For the record and for the information of the members of the Commission, Commissioner Waterman reported that plans had been worked out to station one of the Fire Engines at the Town Yard if and when the Weaver Street Bridge is closed in connection with the construction of the Thruway at this location. Commissioner Waterman further stated that the Depart- ment had every hope of having a volunteer driver avail- able during this period who lived on this side of the New Haven Railroad tracks, The Department feels, the Commissioner added, that these arrangements will afford the best possible protec- tion for that part of the Town lying east of the railroad tracks in case of fire during this period of Thruway con- struction at the Weaver Street bridge. ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 9.50 p.m, , to reconvene on April 17th, 1957.