HomeMy WebLinkAbout1953_09_01 Town Board Minutes 365 j
MINUTES OF A REGULAR. MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARO-
NECK,HELD 8EPTE,v1BER 11 1953, IN THE COURT ROOM OF MAtiARONECK TOWN
POLICE HEADQUARTERS AT 11 EDGEWOOD AVENUEg TOWN OF MAMARONECK.
PRESENT: Supervisor Mandeville
Councilmen Embury, Kane,and McKeever
ABSENT: Councilman Waterman
Presence was also noted of Mr. Gronberg, Town Clerk, Mr. Delius, Town
Attorney, Mr. O'Brien, Superintendent of Highways, and Mr. Finson,
Town Accountant.
The Supervisor called the meeting to order at 8: 15 P . M.
Mr. Bernard Lancia appeared to inquire about his request for a refund
from the Water Company in connection with his installation of water
pipes in Lancia Lane at the time he commenced building there. At a.
recent Board meeting, this matter was referred to Mr. Delius and Mr.
Forbes, the then attorney for the Water Company. The Clerk presented
Mr. Delius' memorandum to the Board dated July 28, 1953.
After discussion, on motion by Councilman Kane, seconded by Council-
man Embury, the following resolution was adopted:
WHEREAS, Bernard Lancia. heretofore and on or about July 30, 1948,
installed a water line with connections to houses built by him on a
street called Lancia Lane in the Town of Mamaroneck, at his own cost
and expense including the sum of $408.09 paid to the Westchester
Joint Water Works, No. 1 for the cost of installing water pipes and
other accessories; and
WHEREAS, on or about December 13, 1948, Bernard Lancia did deed
to the Town of Mamaroneck, land lying in the street for highway pur-
poses, by deed recorded in the Office of the Clerk of the County of
Westchester, Division of Land Records, on February 7, 1949, in Liber
4715 of Conveyances, page 467, in which deed was included an ease-
ment or right of way for water pipes through and under land lying in
the bed of the street; and
WHEREAS, there exists no agreement for the refund of the said
sum of $408.09 between Bernard Lancia and Westchester Joint Water
Works, No. 1 and Town of Mamaroneck, which agreement has been made
between the Town and the Water Company and other contractors in-
stalling water lines in property developed by them,
NOW, THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Mamaroneck
hereby approves an agreement between Westchester Joint
Water Works, No. 1 and Bernard Lancia and the Town of
Mamaroneck in connection with the installation of the
water line in the public street known as Lancia Lane,
FURTHER RESOLVED that this agreement provides that
refund up to 9010 of the revenues derived from the sale
of water to customers along this line or extension, be
made for a period of 10 years from July 30, 1948, but
refunds shall be effective as of and payable only on
and after September 1, 1953 •
A vote on the above resolution was recorded as follows:
AYES: Counci.lment Embury, Kane, and McKeever
NOES: Supervisor Mandeville
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A group represented by Mrs . Stanley King, 39 Briar Cliff Road,
appeared in connection with a petition dated August 6, 1953, and
signed by 11 residents of Briar Cliff Road, requesting quick re-
placement of an old 2" water main with a 6" main in Briar Cliff
Road, because of extremely low water pressure and a leak in the
2" main which has been impossible to locate.
The Supervisor informed these people that the Board is only waiting
for an estimate from the Water Company, to start this work. The
money for the job will be taken from surplus this year and included
in next year' s budget. The installation will be a 4" main with a
hydrant.
The minutes of July 1, 1953 were approved as presented.
The Clerk presented a letter from Louis Zingesser, Esq. , attorney
for Mrs. Elin L. Hansen, stating that Mrs. Hansen had decided to
withdraw her application for a dance hall license for the current
year. The letter was received and filed.
The Clerk was instructed to return to Mrs. Hansen, her check for
$100, which she had deposited at the time she made her application.
The Clerk presented a petition, dated August 28, 1953, received from
the Assessor, Thomas J . McEvoy, requesting approval of the Town Board
of certain corrections made on the Assessment Roll Raps as of June 1,
1953, such corrections being due to the sale or transfer of lots
and/or plots and the filing of _maps in the Department of Land Records
in White Plains.
On motion by Councilman McKeever, seconded by Councilman Kane, it
was unanimously
RESOLVED that the Town Board hereby approves the
changes made in the Assessment Maps of the Town
of Mamaroneck as of June 1, 1953, and said maps
are hereby corrected and rectified as of June 1,
1953, in the following places:
Pages: 104, 1052 106, 107, 109, 111, 112, 113, 114, 120, 121, 122,
124, 125, 1312 132, 133
Pages: 2012 20.2, 203, 2042 206, 208, 210, 2112 213, 216, 2172 218
219, 220, 221, 223, 226, 227
Index 301, 3022 304, 305, 306, 312, 313, 314, 325, 320, " 327, 328
(Sec. 3) 330, 333, 345, 346, 347
Pages: 403, 407, 4102 411, 412, 416
Index
(Sec. 5) 5012 502, 505, 509, 510
Filed Map (Sec. 5)
Pages: 602, 603, 604, 608, 609, 610, 611, 613, 616
Pages: 701, 7042 7122 713, 7142 716, 719, 720, 721, 722, 723, 725
728
Pages: 801, 802, 804, 8052 8062 8072 808, 812, 813, 819, 820, 821,
Index 822, 8232 825, 826, 827, 8292 8302 831, 832,
(Sec . 8)
369
Pages: 901, 902, 904, 905, 906, 907, 909, 910, 913, 914, 915,
916, 920, 9223 9242 926, 928, 930, 931, 932, 935, 936,
937, 938, 939, 933, 942, 944, 945, 946, 947, 949, 956,
958, 962, 966, Index (Sec. 9)
The Clerk submitted a letter, dated August 5, 1953, from Mr. A.
Gerdes Kuhbach, Tax Attorney and Accountant for County Transporta-
tion Company, Inc. , enclosing a verified report relative to opera-
tion of buses of that Company in the Town of Mamaroneck for six
months ended June 30, 1953, and a check for X146.27 covering gross
earnings tax for that period.
The Clerk submitted the following reports:
Building Report, August, 1953
Report of Westchester Shore Humane Society, July, 1953
Report of Receiver of Taxes and Assessments, August, 1953
Statement of Bank Balances as of September 1, 1953
List of Claims Audited and Paid. by the Comptroller, August 1 to
September 1, 1953
Summary of Receipts and Disbursements, January 1 to July 31, 1953
Analysis of Budget Appropriations and Expenditures, January 1 to
July 31, 1953
Analysis of Estimated Revenues, January 1 to July 31, 1953
The Town Clerk stated that he had received from the Assessor, the
tentative Trial and Grand Jury Lists and presented the same to
the members of the Board for consideration. After examination and
verification of said lists by the Town Board, it was, on motion by
Supervisor Mandeville, seconded by Councilman McKeever, unanimously
RESOLVED that the completed lists of Grand and
Trial Jurors be and they hereby are approved and
-- certified by the members of the Town Board and
Assessor, and be it
FURTHER RESOLVED that the Totem Clerk be and he
hereby is authorized, empowered and directed to
forward certified lists of the Trial and Grand
Jurors to the Commissioner of Jurors in the
form required by law.
The Clerk submitted a report from the Westchester Joint Water Works,
No. 1, for the quarter ending June 30, 1953, which will be filed in
the Clerk' s office.
Councilman McKeever presented the following petitions received from
the Assessor for the correction of the assessment roll so as to per-
mit the apportionment of taxes, and on motion by Councilman McKeever,
seconded by Councilman Kane, the following resolution. was, upon roll
call, unanimously adopted:
WHEREAS, the Assessor has presented petitions for the correc-
tion of the assessment roll for certain years, pursuant to the provi-
sions of Section 557, Article 16 of the Westchester County Adminis-
trative Code, known as the Westchester County Tax Law; and
WHEREAS, after due consideration, this Board finds it desirable
to grant said petitions for the correction of said assessment roll,
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NOW, THEREFORE, BE IT
RESOLVED that the assessment roil of 1952, school
taxes of 1953, and the assessment roll of 19532
taxes of 1954, which show property now appearing
on the roll as follows:
Block Parcel Name Land only
111 43 Joseph De Maria $4, 500
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
ill 43 Joseph De Maria. 1,400
111 48 Julius A. Rosenthal 31000
111 65 Joseph De Maria. 100
FURTHER RESOLVED that the assessment roll of
1952, school taxes of 1953, and the assessment
roll of 1953, taxes of 1954, which show pro-
perty now appearing on the roll as follows:
Block Parcel Name Land only
124 200 Frank Miller 1,000 1952
124 214 Frank Miller 1,140 1952 & 1953
124 200 11800 1953
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
124 200 Frank Miller 540 1952
940 1953
124 207 Michael Gallagher 460 1952
860 1953
124 214 r. n 4Q
124 215 Frank Miller 1,100
FURTHER RESOLVED that the assessment roll of
1952, school taxes of 1953, and the assessment
roll of 1953, taxes of 1954, which show property
now appearing on the roll as follows:
Block Parcel Name Land only
206 208 Charles G. Williams 3,000
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
206 208 Charles G. Williams 500
206 214 Jean S . Tanney 2,500
FURTHER RESOLVED that the assessment roll of
1952, school taxes of ,1953, and the assessment
roll of 1953, taxes of 1954, which show property
now appearing on the roll as follows:
373
Block Parcel Name Land only
304 1 G. B. & E . M. RealtyCorp.'44,850 1952
46,850 1953
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
304 1 G.B. & E .M. Realty Corp. 44,350 1952
461350 1953
304 1114 Split Tree Realty Corp. 500 1952 & 1953
FURTHER RESOLVED that the assessment roll of 1952
school taxes of 1953, and the assessment roll of
1953, taxes of 1954, which show property now
appearing on the roll as follows:
Block Parcel Name Land only
604 109 Herbert H . Dyke &
Vac Realty, Inc. 4,250
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
604 109 Hugh H. Estes & W 21550
604 285 Herbert H. Dyke &
Vac Realty, Inc. 1,700
FURTHER RESOLVED that the assessment roll of 1952,
school taxes of 1953, and the assessment roll of
1953, taxes of 1954, which show property now
- appearing on the roll as follows:
Block Parcel Name Land only
721 11 Weisz, Jos . T . & W. 4,400
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
721 11 Gustav A. Innecken & or. 43000
721 20 Jos. T . Weisz & W. 400
FURTHER RESOLVED that the assessment roll of 1952
school taxes of 1953, and the assessment roll of
1953, taxes of 1954, which show property now
appearing on the roll as follows:
Block Parcel Name Land Improvement Total
725 147 glass Van Heel & 14T. 122000 20,-000 32,000
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Im.orovement Total
725 147 Maas Van Heel & W . 61000 20,000 26,000
725 157 Sven Holst Knudson 6,000 62000
375
FURTHER RESOLVED that the assessment roll of 1952
school taxes of 1953, and the assessment roll of
1953, taxes of 1954, which show property now
appearing on the roll as follows:
Block Parcel Name Land Improvement Total
801 543 Eugene De Bourno 11800 1,000 2,500
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imrrovement Total
801 554 Eugene De Bourno 12100 12000 21100
801 543 Rege De Bourno 700 700
FURTHER RESOLVED that the assessment roil of 1952,
school taxes of 1953, and the assessment roll of
1953, taxes of 1954, which show property now
appearing on the roll as follows:
Block Parcel Name Land only
831 341 Village of Mamaroneck 600
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
831 341 Vitina Sposito 550
831 500 Village of Mamaroneck 50
FURTHER RESOLVED that the assessment roll of 1952,
- school taxes of 1953, and the assessment roll of
1953, taxes of 1954, which show property now
appearing on the roll as follows:
Block Parcel Name Land only
924 1 Helen Gumpel 91000
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
924 1 Helen Gumpel 7,400
924 217 Joseph Calzona 1,600
FURTHER RESOLVED that the assessment roll of 1952,
school taxes of 1953, and the assessment roll of
1953, taxes of 1954, which show property now
appearing on the roll as follows:
Block Parcel Name Land Improvement Total
Home Trends, Inc.
932 46 1952-1953 36,000 1,000 37,000
932 46 1953-1954 36,000 302000 66, 600
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
377
Block Parcel Name Land Imr)rovement Total
Home Trends, Inc.
932 46 1952-1953 32,600 11000 331600
932 46 1953-1954 321600 15,300 4.7,900
932 46 1952-1953 3,400 3,400
932 103 1953-1954 3,400 15,300 18,700
Supervisor Mandeville reported that a conference will be held on
`Thursday, September 3rd, at the office of Mayor Church, New Rochelle,
to discuss the matter of the Pryor Manor Bridge. He said he had
inspected the bridge together with Mr. McKeever and Mr. O 'Brien.
Mr. McKeever reported that, in his opinion, the bridge does not
seem to be in as bad condition as originally supposed. The stone
supporting walls have erroded and it appears that they can be built
up to give additional support thus taking care of the situation
under the bridge. The larger part of the road and gall are in
excellent condition except in one spot. This will necessitate a
guard-rail. The entire job, according to Mr. McKeever, will cost
a nominal amount.
The Village of Larchmont is taking no part in any of these plans or
negotiations.
Mr. Kane said that, inasmuch as the original plans had called for
an expenditure of $10,000 with the Town, the Village of Larchmont
and the City of New Rochelle, each paying 113, he is of the opinion
that, if the proposed restoration of the bridge will not cost more
than $7,000, the Town would be justified in paying half that amount;
the City of New Rochelle paying the other half.
Mr. McKeever does not believe the repairs will cost over $7,000.
Mr. Mandeville stated that ter. McKeever' s report has confirmed his
views .
On motion by Councilman McKeever, seconded by Councilman Embury, it
was unanimously
RESOLVED that Supervisor Mandeville be and he
hereby is authorized to attend a meeting to
be held September 3, 1953, at 11: 30 A. M. in
the office of Mayor Church of the City of New
Rochelle, and to take such action as he con-
siders necessary in the matter of the pro-
posed restoration of the Pryor Manor Bridge.
Councilmen Embury and Kane had nothing to report.
The Supervisor presented a list of properties which had been sold
at public auction earlier in the evening.
On motion by Councilman Embury, seconded by Councilman McKeever,
the following resolution was, upon roll call, unanimously
adopted:
WHEREAS, the Town of Mamaroneck, through the institution of
an action in the County Court of Westchester County, entitled "In
the Matter of the Foreclosure of Tag Liens ;pursuant to Article
-- VII-A, Title 3 of the Tax Law, by the Town of Mamaroneck, List of
Delinquent Taxes for 194.711 , has become and now is the owner of a
number of parcels of real estate situate in the Unincorporated
Section of the Town of Mamaroneck; and
I
WHEREAS, the Town of Mamaroneck advertised for bids and held
a public auction on September 1, 1953, and received bids on certain
of said parcels of real estate now owned by the Town of Mamaroneck,;
and
379
WHEREAS, since the receipt of said bids, this Board has
given careful consideration thereto, and after due deliberation,
it is
RESOLVED that the bids hereinafter listed be
accepted at the price and terms therein set forth:
LIST OF BIDS ACCEPTED IN SECTIONS 1 to 5 INCLUSIVE
Assessed Sales
Block Parcel Purchaser Value Price Terms
104 Part 111 Dr. Jos. A. Salviolo � 11-200 400 Cash
213 49 Alwin H. Tapke 21850 950 Cash
502 11 & 86 Fred Meyers 3,000 11000 Cash
FURTHER RESOLVED that the Supervisor is authorized
and directed to execute and deliver deeds to these
parcels in accordance with the terms and contracts
of sale and the Town Attorney is authorized to take
all steps necessary to complete the sale and trans-
fer these parcels.
On motion by Councilman Embury, seconded by Councilman McKeever, the
following resolution was, upon roll call, unanimously adopted:
WHEREAS, the Town of Mamaroneck, through the institution of
an action in the County Court of Westchester County, entitled "In
the Matter of the Foreclosure of Tax Liens pursuant to Article VII-A,
Title 3 of the Tax Law by the Town of Mamaroneck, List of Delinquent
Taxes for 194711, has become and now is the owner of a number of
parcels of real estate situate in the Village of Larchmont and
Town of Mamaroneck; and
WHEREAS, both the Village of Larchmont and the Town of
Mamaroneck held tax liens on said parcels of real property; and
WHEREAS, pursuant to Section 165H of the Tax Law, an agree-
ment was entered into between the Village of Larchmont and the Town
of Mamaroneck which, among other things, set forth the interests
of said municipalities in the properties being foreclosed, the
manner of the sale of said properties, and the manner of the dis-
trihution of the proceeds received from said sales; and
WHEREAS, the Town of Mamaroneck has, pursuant to an agree-
ment had with the Village of Larcnmont, advertised for bids and
held a public auction on .September i, 1953, and received bids on
certain of said parcels of real estate now owned by the Town of
Mamaroneck; and
WHEREAS, since the receipt of said bids, this Board has given
careful consideration thereto, and after due deliberation, it is
RESOLVED that the bid hereinafter listed, be
accepted at the price and terms therein set forth:
-- BID ACCEPTED IN SECTION 6
Assessed Final Sales
- Block Parcel Bidder Value Price
604 24 Fred Meyers $1, 500 500
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FURTHER RE60LVED that the terms on the above bid
are all cash.
FURTHER RESOLVED that the foregoing acceptance
with respect to this parcel is subject to
approval by the Village Board of the Village
of Larchmont.
FURTHER RESOLVED that upon approval of the bid by
the Village Board of the Village of Larchmont, the
Town Attorney is authorized to proceed with the
preparation of contracts, and such other documents
as are necessary to pass title to said property,
and the Supervisor is hereby authorized to sign
such contracts and deeds as are necessary to pass
title to said property.
The Supervisor submitted a letter from Consolidated Edison Company
of New York, Inc., dated August 24, 1953, offering to sell Company
Pole ,`#3A located on Crest Avenue, Town of Mamaroneck, which was
installed in 1942 to support Fire Siren ##l, and no longer required
by Consolidated Edison Company for distribution purposes, for the
sum of $1.
Upon motion by Councilman McKeever, seconded by Councilman Kane,
the following resolution wa.s unanimously adopted:
WHEREAS, heretofore the Westchester Lighting Company, now
Consolidated Edison Company of New York, Inc. , installed on Crest
Avenue, a certain pole known as No. 3A, to support fire siren No. 1;
and
WHEREAS, the pole is not required by Consolidated Edison Com-
pany of New York, inc. , for distribution purposes and said Company
has offered to sell this pole to the Town for $1. ,
NOW, THEREFORE, BE IT
RESOLVED that the Supervisor be and he hereby is
authorized to pay to said Consolidated Edison
Company of New York, Inc. , the sum of $1 for said
pole which is still used for the fire siren.
The Supervisor thanked Mr. Embury for working out a solution of the
Hamilton matter.
Mr. O 'Brien stated he had nothing to bring before the Town Board.
The Supervisor complimented Mr. O'Brien on the condition of the
streets.
Mr . Finson filed a report which he made following his attendance
at a meeting held by the State Comptroller in White Plains, with
reference to Social Security coverage for public employees.
The Town Attorney advised that if the Town wished to provide social
security for the labor class, it would be necessary to publish a
notice of the proposed adoption of a resolution under the provisions
of Chapter o20 of the Laws of 1953, which notice should be published
at least 3 =months prior to the actual adoption of the resolution,
and suggested that a form of resolution be prepared and notice of
the proposed adoption published on or before October 1, so that
the new plan can. become effective as of January 1, 1954.
On :notion by Councilman McKeever, seconded by Councilman Kane, it
was unanimously
383
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RESOLVED that the following notice of the proposed
adoption of a resolution be published on or before
October 1, 1953, in the Daily Times and a copy of
this notice sent to those employees of the Town who
would be affected by the adoption of this resolution
and that a copy be posted on the bulletin board
maintained by the Town Clerk at his office, 158 West
Boston Post Road, Mamaroneck, New York, on or before
October 1, 1953, for 30 days-.
TAKE NOTICE that the following is a resolution which the Town
Board of the Town of Mamaroneck proposes to adopt:
RESOLVED:
i. That the Town of Mamaroneck elects to exclude from
eligibility for membership in the New York State Employees'
Retirement System, such class or classes of its officers
and employees for whom old-age and survivors° insurance
coverage is elected herein.
2. That the Town of Mamaroneck_ elects to extend old-age
and survivors' insurance coverage provided by the Federal
Social Security Act to the following class or classes of
its officers and employees:
Laborers not otherwise classified in the Com-
petitive or Non-competitive class
which coverage is extended pursuant to Section 218 of the
Federal Social Security Act and Chapter 619 of the Laws of
1953, being Article 6 of the Civil Service Law, and Chapter
620 of the Laws of 1953, being an amendment of Article 5 of
such law, and which coverage is subject to the conditions
thereof and to any amendment to the laws relating thereto.
3 • That it is hereby determined that old-age and survivors'
insurance coverage should not be extended to the following
class or classes of officers and. employees because of im-
practicability, and that such class or classes shall con-
tinue to be eligible for membership in the New York State
Employees' Retirement System:
All other officers and employees elected or
appointed, and laborers whose service is of
an emergency nature or part-time only, and
students whose service, if performed in pri-
vate employment, would be excepted from the
Social Security Act.
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That the Supervisor execute the proposed agreement in
the form provided by the Department of Audit and Control
of the State of New York, in the name and on behalf of the
Town of Mamaroneck and submit such proposed agreement to
the Director of the New York State Social Security Agency
for the purpose of obtaining old-age and survivors' insur-
ance coverage for employees of the Town of Mamaroneck.
TAKE FURTHER NOTICE that this notice is given pursuant to the
provisions of Chapter 620 of the Laws of 1953, which amends sub-
division (a) of Section 55 of the Civil Service Law of the
State of New York.
385
The Town Attorney reported that Miss Ravenscroft had brought a new
suit against the Town in connection with certain parcels foreclosed
by the Town in its foreclosure in rem.
Mr. Delius requested authority to attend a meeting of the Municipal
State Bar Association to be held in Buffalo on September 25th . and
26th, with expenses not to exceed $75 .
On motion by Councilman Embury, seconded by Councilman McKeever, it
was unanimously
RESOLVED that the Town Attorney be and he hereby
is authorized to attend a meeting of the Municipal
State Bar Association to be held in Buffalo on
September 25th and 26th, and expenses for such
attendance in an amount not to exceed $75 . shall
be paid out of the item in the Law Department
Budget for such purposes .
There being no further business to come before the meeting, it ad-
journed at 9 P . M. to meet again on October 7th, and immediately
re-convened as the Board of Fire Commissioners.
Councilman McKeever presented the Fire Department claims which had
been audited by the Comptroller and approved by the Fire Chief and
on motion by Councilman McKeever, seconded by Councilman Embury, it
was, upon roll call, unanimously
RESOLVED that the following described 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:
A & A Automotive Co. 2.88
- Arthur M. Brown 50.00
Consolidated Edison Co. 30.82
Patsy Giacomo 18.93
Librandi Florists & Nurserymen 50.00
McGuire Brothers, Inc. 7.50
G . W. Merrell, Inc. 36.59
Merson Clothes, Inc. 91.31
Myrtle Garage, Inc. 11.70
New York Telephone Co. 66.70
Smith-Miller Co. 20.25
Westchester Joint Grater Works, No. 1 11.68
Richard Thorburn 127.15
Total $525 .51
Councilman McKeever presented the Fire Report for August, 1953 .
There being no further business to come before the meeting, it
adjourned at 9: 10 P . M. to meet again on October 7, 1953.
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