HomeMy WebLinkAbout1950_12_06 Town Board Regular Minutes 329
MINUTES OF A REGULAR MEETING OF THE T014N BOARD OF THE TOWN OF
MAMAROINECK, HELD IN THE AUDITORIUM OF THE WEAVER STREET FIRE HOUSE,
TOWN OF MAMARONECK, NEW YORK, ON DECEMBER 6th, 1950.
Supervisor Mandeville called the meeting to order at 8: 15 P . M.
PRESENT: Supervisor Mandeville
Councilmen Watson, McKeever and Waterman
ABSENT: Councilman Embury
Presence was also noted of Town Clerk Gronberg, Town Attorney Delius
and Town Accountant Finson.
The minutes of November 15th, were approved as presented.
The Clerk presented and read a letter dated December /stn, 1950, received
from eight residents of Colonial Lane, requesting the installation of
a street light on said street. This letter was referred to Superin-
tendent of Highways, A. J. Foote.
The Clerk presented and read a letter, dated November 28th, 1950., re-
ceived from Mr. Harold M. Goldberg, together with a petition from the
Queen City Bus Co. , Inc., requesting consent to operate busses in the
Town of Mamaroneck.
Following discussion and on motion by Councilman Watson, seconded by
Councilman McKeever, it was unanimously
RESOLVED that the following notice of public hearing be
published in the Daily Times:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that a public hearing will be held by the
Town Board of the Town of Mamaroneck on the 27th day of
December, 1950, at 8:15 o' clock in the evening of that day in
the Council Room of the Weaver Street Fire House, Weaver Street
in the Town of Mamaroneck, for the purpose of considering the
application of Queen City Bus Co., Inc. , for the consent of
the Town of Mamaroneck, under the provisions of Sections 66 and
67 of the Transportation Corporations Law of the State of New
York, for the operation of motor busses or omnibuses for trans-
portation of passengers and property carried by said passengers
for hire, in, upon, along and across certain streets, avenues
and highways in the Town of Mamaroneck, along the following
routes:
BEGINNING at the boundary line of the City of
New Rochelle and the Town of Mamaroneck on Palmer
Avenue; thence along Palmer Avenue to the boundary
line of the Town of Mamaroneck and the Village of
Larchmont, and return over the same route to the
point or place of beginning.
The above being parts of a through route between
the City of New Rochelle, the Town of Mamaroneck
and the Village of Larchmont.
TAKE FURTHER NOTICE that the purpose of said public heating
is to consider the granting of such consent for the use of
the above described portions of streets or highways in the Town
of Mamaronec, to Queen City Bus Co., Inc. , and that at such
public hearing, all persons interested will be given an
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opportunity to be heard, this notice being given pursuant
to Section 6/+, Paragraph 7 of Chapter 62 of the Consoli-
dated Laws known as the Town Law and Sections 66 and 67
of Chapter 63 of the Consolidated Laws, known as the
Transportation Corporations Law of the State of New York.
By order of the Town Board of the Town of Mamaroneck, New York
The Clerk presented and read a letter dated December 3rd, 1950,
signed by 21 residents of Cabot Road, requesting installation of a
street lignt at the curve of the Cabot Road extension; draining of the
low land south of Cabot Road; and widening of Cabot Road to tie in
with Thompson Street. They also requested grading of property from
Vine Street to Cabot Road for parking purposes. This letter was
referred to the Superintendent of Highways for report, and the Clerk
was instructed to send a copy of the letter to Mr. John A. Wang, Chair-
man of the Park Commission.
The following reports were ordered received and placed on file:
Building report, November, 1950
Report of Receiver of Taxes and Assessments, November, 1950
Report of the Westchester Shore Humane Society, November, 1950
Town Clerk' s Report, November, 1950
Attendance Report, November, 1950
Statement of Bank Balances as of December 1st, 1950
List of Claims audited and paid by Comptroller, from November 15th to
December 6th, 1950
Summary of Receipts and Disbursements, January lst, to October 31st,
1950, and January lst to November 30th, 1950
Analysis of Budget Appropriations and Expenditures, January lst to
October 31st, 1950, and January 1st to November 30th, 1950
Analysis of Estimated Revenues from January 1st to October 31st, 1950,
and January lst to November 30th, 1950.
The Clerk presented the Fire Report for November, 1950.
The Clerk presented a list of claims for Fire Department expenditures
and announced that they had been checked by Chief Burton and audited
by the Comptroller.
The members of the Town Board, sitting as the Board of Fire Commis-
sioners, considered the claims and on motion. by Councilman Waterman,
seconded by Councilman McKeever, it was unanimously
RESOLVED that the following described claims be
and they hereby are approved and that the Super
visor and Comptroller be and they hereby are
authorized to pay the same out of the budget
for the Fire Department:
Foley Hardware, Inc. v 1.93
William K. Fordyce 61.83
William B. Lemon 32.00
McGuire Bros. , Inc. 7.50
Mitchel Oil Corp. 68.30
New York Telephone Company 19.25
Westchester Brake & Clutch, Inc. 19.53
Wescofire Equipment and Service 52.52
$262.86
Supervisor Mandeville requested a resolution approving the sale of
Town-owned property, which sale had been held on November 20th, 1950.
On motion by Councilman McKeever,. seconded by Councilman Waterman, the
following resolution was, upon roll call, unanimously adopted:
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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 1947" , 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
WHEREAS, the Town of Mamaroneck advertised for and held on
November 20th, 1950, a public auction and received bids on certain
of said rarcels 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 bids hereinafter listed, be accepted
at the price and terms therein set forth:
LIST OF BIDS ACCEPTED IN SECTIONS ! to 5 INCLUSIVE
Block Parcel Purchaser Final Sales Price Terms
104 1)
105 1 Sarah Oliner $2,650.00 Cash
312 East 21st Street
Brooklyn 26, N . Y.
127 106 Joseph C . Goodman 725.00 Cash
Newfield Avenue
Stamford, Connecticut
206 209 James B. Morris 21750.00 Cash
-- 50 Garden Road, West
Larchmont, N. Y.
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 sales and
transfer these parcels.
The Supervisor presented an agreement for the removal of snow from
County roads within the Towr_ of Mamaroneck at a flat rate of $200.
per mile.
On motion by Councilman McKeever, seconded by Councilman Watson, it
was, upon roll call, unanimously
RESOLVED that the Supervisor be and he hereby is authorized
to sign the agreement with the County of Westchester for the
removal of snow and ice from County roads within the Unin-
corporated Section of the Town of Mamaroneck at a flat rate
of $200. per mile.
The Supervisor then stated that the Board would take up the matter of
the Budget for 1951.
The Town Clerk presented the affidavit of publication and the affida-
vit of posting the notice of hearing.
The Supervisor reviewed the Budget, page by page, explaining the
various items and the cause of the increase of $1.17 in the tax
rate.
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At the conclusion of this review, the following resolution was
moved by Councilman Watson:
WHEREAS, this Board has heretofore made, compiled and
filed with the Town Clerk, a preliminary tax budget containing
the estimated probable revenues and estimated expenditures for
the several departments, offices and other town and special dis-
trict purposes for the year 1951; and
WHEREAS, notice of the completion and filing of said tax
budget and calling a public hearing thereon has been duly pub-
lished on November 25th and December 2nd, 1950, in the Daily
Times, Mamaroneck, and posted in the manner required by law;
and
WHEREAS, a public hearing upon said tax budget was duly
held this day in accordance with the notice so published; and
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WHEREAS, all persons present were afforded an opportunity j
to be heard; and
WHEREAS, this Board has reviewed the items in said pre-
liminary tax budget as required by Section 113 of the Town Law,
NOW THEREFORE, BE IT J
RESOLVED that the final estimates, as completed
by the Town Board and filed in the office of the
Town Clerk, be and the same hereby are adopted as
the budget for the year 1951, pursuant to the pro-
visions of the Town Law, and that said estimates, as
so adopted, be entered in detail in the minutes of
the Board as follows:
(Insert copy of Budget)
and it is further
RESOLVED that the annual budget estimates of the
expenditures of the Town of Mamaroneck for the fiscal
year 1951 be adopted and confirmed and that the Town
Clerk be and he hereby is directed to enter the same
upon the minutes, and that the sums of money hereinafter
stated are hereby appropriated from the current revenues,
as provided by law, for the offices, departments, boards,
commissions and purposes hereinafter enumerated for
expenditure in the manner directed by law, to wit:
(1) GENERAL TOWN PURPOSES
Town Offices $ 16,600.00
Supervisor 32600.00
Comptroller 12250.00
Town Clerk 71810.00
Elections 10,786.00
Receiver of Taxes 152945.00
Assessor 12,850.00
Law 91975.00
Justices of the Peace 62932.00
Contributions & Donations 12600.00
Board of Appeals 450.00
Engineer 91190.00
Building & Plumbing Department 3,680.00
Highway - General Town 36,860.00
Miscellaneous Expenditures 212760.00
Debt Service 56,831. 50
$216,119.50
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(2) FOR PURPOSES IN TOWN OUTSIDE OF VILLAGES
Debt Service $ 61957.50
Police Department 130,437.00
Miscellaneous Expenditures 19.895.00
Total 1571289.50
(3) HIGHWAY DISTRICT - OUTSIDE OF VILLAGES
Highway Department 81.700.00
Total 81,700.00
(4) GARBAGE DISTRICT NO . 1
Garbage Collection 42,943.00
Garbage Incineration 12,000.00
Debt Service 6.105.00
Total 61,048.00
(5) FIRE DISTRICT NO. 1
Fire Department 51,827.58
Hydrant Rental 9.700.00
Total 61,527.58
(6) LIGHTING DISTRICT NO. 1
Street Lights 17.600.00
Total 172600.00
— (7) WATER SUPPLY DISTRICT NO . 1
Debt Service 42.076.00
Total 42,076.00
(8) PARK DISTRICT NO . 1
Park Department 195290.00
Debt Service 20.903.50
Total 40,193.50
(9) SEWER DISTRICT NO . 1
Sewer Department 91975.00
Debt Service 109,309.12
Total x$.119,284.12
and it is further
RESOLVED that as the Estimated Revenues and Cash on
Hand equal the Estimated Expenditures for the General
Town Purposes, there be no General Town tax levied for
the year 1951; and it is
FURTHER RESOLVED that for the fiscal year 1951, the sum
hereinafter set forth and for the purposes listed below,
be levied, assessed and collected upon the taxable pro-
perties in the Town of Mamaroneck outside of the Villages
of Larchmont and Mamaroneck, the properties of the
several districts specified below and the several parcels
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of taxable property, franchise assessments and persons
within the Town and within such special districts be
extended on the Tax Roll of the Town of Mamaroneck
against each of the several parcels affected by such
assessments or parts thereof, to wit:
For purposes in Town Outside of Villages
as mentioned and described in the fore-
going budget $2382989 .50
Less Estimated Revenues 2, 500.00
Total Levy for Purposes in Town
Outside of Villages 236,489.50
DISTRICT LEVIES
GARBAGE DISTRICT NO . 1
Garbage Collection 42,943.00
Garbage Incineration 12,000.00
Debt Service 6,105 .00
61,048.00
Less Estimated Revenues
Total Levy, Garbage District No. 1 611,048.00
FIRE DISTRICT NO_. 1
Fire Department 51,827.58
Hydrant Rental 9,700.00
Total Levy, Fire District No. 1 61,527.58
LIGHTING DISTRICT NO. 1
Total Levy, Street Lights 17,600.00
WATER SUPPLY DISTRICT NO . 1
Debt Service 422076.00
Less Estimated Revenues 42,076.00
Total Levy, Water Supply District No. 1 none
PARK DISTRICT NO . 1
Operating 19,290.00
Debt Service 20,903.50
40,193.50
Less Estimated Revenues
Total Levy, Park District No. 1 40,193.50
SEWER DISTRICT N0. 1
Operating 9,975.00
Debt Service 109,309.12
119,284.12
Less Estimated Revenues
Total Levy, Sewer District No. 1 119,280.12
After being seconded by Councilman Waterman, a vote was taken upon
the foregoing resolution and after roll call, the vote was announced
as follows:
AYES: Supervisor Mandeville
Councilmen Watson, McKeever and Waterman
NOES: None
341
Supervisor Mandeville requested a resolution appointing Mr. Arthur
E . Wullschleger Chairman of the Zoning Board of Appeals.
On motion by Councilman Waterman, seconded by Councilman Watson, it
was, upon roll call, unanimously
RESOLVED that Arthur E. Wullscnleger be and he hereby is
appointed Chairman of the Zoning Board of Appeals of the
Town of Mamaroneck.
Supervisor Mandeville requested Town Attorney Delius to prepare an
ordinance amendment to pronibit trespassing .
After discussion and on motion by Councilman McKeever, seconded by
Councilman Waterman, it was unanimously
RESOLVED that the following public notice be pub-
lisned in the Mamaroneck Daily Times:
PUBLIC NOTICE
PLEASE TAKE NOTICE that a public hearing will be held by
the Town Board of the Town of Mamaroneck, pursuant to Section
130 of the Town Law on December 27, 1950, at 8: 15 P . M. in the
Council Room of the Weaver Street Fire House, for the purpose
of considering an amendment to Chapter IV of the General
Ordinances of the Town of Mamaroneck, by adding a new section
to be known as Section 10 A, which shall read as follows:
No person shall enter upon any lot or piece of land within
the bounds of the Town of Mamaroneck outside of incor-
porated villages, without authority from the owner thereof.
No person shall erect or occupy thereon, any but or other
structure whatever without such authority, and no person
shall place, erect or occupy, within the bounds of any
street in the Town of Mamaroneck outside of the incorporated
villages, any but or other structure without lawful
authority.
TAKE FURTHER NOTICE that all persons appearing at the time
and place aforesaid, will be given an opportunity to be hears.
BY ORDER OF THE TOWN BOARD.
Supervisor Mandeville said that an invitation had been received from
the State Comptroller to attend a Conference on Local Government to be
held in Albany on December 14th and 15th. The Supervisor suggested
that Thomas McEvoy, Francis O'Brien and Alexander Finson be authorized
to attend this Conference, and on motion by Councilman McKeever,
seconded by Councilman Watson, it was unanimously
RESOLVED that Thomas McEvoy, Francis O'Brien and
Alexander Finson be and they hereby are authorized
to attend the Conference on Local Government to be
held in Albany, N. Y. , on December 14th and 15th.
I,
FURTHER RESOLVED that the expenses of this trip
be paid out of the item in the Budget appropriated
for same.
Supervisor Mandeville presented the resignation from Mr. Charles F.
Mink as a member of the Zoning Board of Appeals. The resignation
was accepted with regret and the Clerk was instructed to so notify
Mr. Mink, thanking him for service to the Town.
343
The Supervisor presented a letter, dated November 29th, received from
the Board of Police Commissioners, informing the Town Board that Mr.
Cecil W. Borton had been elected Chairman and Mr. Cornelius J. Quinn,
Secretary of the Police Commission. The letter went on to say that
Patrolman John J. Welsh, Jr. , upon a plea of "guilty" , had been fined
10 days' pay for violation of Sections 103 and 104 of the Rules and
Regulations of the Police Department of the Town of Mamaroneck.
The letter further stated that the effective date for the prohibition
of all-night parking on a year round basis, had been changed from
December 1st to December l5th, 1950.
The Board next discussed a letter, dated November 24th, 1950, received
from Mr. William E. Thrasher, Superintendent of the Westchester Joint
Water Works, No. 1, ( copy of which had been sent to the Board Members)
concerning the installation of a water-line in Hommocks Road. The
Supervisor suggested that the Board Members make a further check of
the present line and also of the proposed extension in Hommocks Road.
The Supervisor suggested that Councilmen Watson and McKeever see a
demonstration of an Austin-Western Motor Sweeper.
Councilman Watson reviewed the October, 1950, Report of the Westchester
County Health Department.
Councilman Watson presented the following petitions received from the
Assessor for the correction of the assessment roll so as to permit
the apportionment of taxes and on motion by Councilman Watson,
seconded by Councilman McKeever, the following resolution was unani-
mously 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,
NOW, THEREFORE, BE IT
RESOLVED that the assessment roll of 1950, taxes of
1951, which shows property now appearing on the roll
as follows:
Block Parcel '.game Land only
939 10 Patsy Baselice $2, 650.
939 19 2,650
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
939 10 Patsy Baselice 1,120
939 12 James P . Diforio 12530
939 19 T' " 1, 530
939 22 Patsy Baselice 11120
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FURTHER RESOLVED that the assessment roll of 1950
taxes of 1951, which shows property now appearing
on the roll as follows:
Block Parcel Name Land Imp. Total
114 178 Geo. C . Connor & W. $10,000 . 9,000 19,000
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Lnnd Imp. Total
114 178 Geo. C . Connor & W. 3,250 3,250
114 168 " " 61750 9,000 15,750
FURTHER RESOLVED that the assessment roll of 1950
taxes of 1951, which snows property now appearing
on the roll as follows:
Block Parcel Name Land only
130 230 Carnoy Const. Corp. 1,650
be corrected as follows in accordance with the
provision of subdivision 5 of Section 557:
Block Parcel Name Land only
130 230 Theresa Carnoy 100
130 231 Carnoy Const. Corp. 1,550
FURTHER RESOLVED that the assessment roll of 1950
taxes of 1951, which shows property now appearing
--- on the roll as follows:
Block Parcel Name Land only
503 1 Jerry English & Son, Inc. 5,000
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
503 117 Jerry English & Son 11500
503 1 Spencer Park Development
Co. 3,500
FURTHER RESOLVED that the assessment roll of 1950
taxes of 1951, which shows property now appearing
on the roll as follows:
Block Parcel Name Land Imp. Total
606 72 . Monroe B. Meckauer 72500 11,500 19,000
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land I22. Total
606 102 Monroe B. Meckauer 3,100 3,100
606 72 Coenraad H. Huisman & W. 4,400 11,500 15,900
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FURTHER RESOLVED that the assessment roll of 1950,
taxes of 1951, which shows property now appearing
on the roll as follows:
Block Parcel Name Land Imp. Total
720 1 Marimer Realty Co. ,Inc. $15,800 3,000 182800
be corrected as follows in accordance with the
_., provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imo. Total
720 1 Marimer Realty Co.,Inc. 41200 42200
720 10 " " 3,800 32800
720 306 " " 35600 32000 6,600
720 302 J. H. Potter 42200 4,200
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FURTHER.RESOLVED that the assessment roll of 1950,
taxes of 1951, which shows property now appearing
on the roll as follows:
I
Block Parcel. _ Name Land Ima. Total
f
830 232 J . &. 0 . Giovannoni 4,500 21800 7,300
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imp. Total
832 242 Wm. V. Piacente 11500 20800 41300
832 232 J. '&. 0 . Giovannoni 3,000 32000
---- Supervisor Mandeville reported that last Year' s Budget contained an
estimated item of $7,000 for mortgage tax but that the actual amount
would be $31,000.
Councilman Waterman reported that he had received a letter from Chief
Burton regarding the purchase of a generator. The Supervisor said that
prices were being obtained and he suggested that the Councilmen look
into this matter of a generator, before the next meeting.
Town Attorney Delius reported that he had talked with the attorney
for Sales Management, Inc. (owner of the Bill property) regarding
the settlement of its certiorari proceeding, and the reduction to
$750. per acre, plus the $5,000. for the lot, (making a total of
$31,700) was acceptable to him.
Following discussion and on motion by Councilman Waterman, seconded
by Councilman McKeever, the following resolution was, upon roll call,
unanimously adopted.:
WHEREAS, heretofore a writ of certiorari was obtained by
SALES MANAGEMENT, INC., owner of property described on the assess-
went map and assessment roll of the Town of Mamaroneck as Block 225,
Parcel 450 and Block 224, Parcel 998, to review the assessment for
the year 1950, tax of 1951; and
WHEREAS, the Towh Attorney and Assessor recommend to this Board
that the proceedings be settled and discontinued upon the reduction
of the assessment
349
hOW, THEREFORE, BE IT
RESOLVED that the assessment for the year 1950 (taxes
of 1951) upon property owned by Sales Management, Inc.,
and described upon the assessment map and assessment
roll of the Town of Mamaroneck as Block 225, Parcel 450,
and Block 224, Parcel 998, be reduced as follows:
FROM
Assessment Year Tax Year Assessment
1950 1951 $47,700
TO
1950 1951 31,700
provided the certiorari proceeding now pending in the
name of SALES MANAGEMENT, INC. for the year 1950, tax
of 1951, be discontinued without costs as against either
party.
FURTHER RESOLVED that the Town Attorney is hereby
authorized and directed to sign the necessary stipu-
lation to obtain an order of the Supreme Court pro-
viding for such reduction.
The Town Attorney was authorized to try to reach a settlement on
the Larchmont Acres certiorari proceeding.
There being no further business to come before the meeting, it
adjourned at 11: 05 P. M. to meet again on December 27th, 1950.
Jaw&
own lerk
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