HomeMy WebLinkAbout1951_03_21 Town Board Regular Minutes 463
MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARO-
NECK, HELD MARCH 21st, 1951, IN THE COUNCIL ROOM OF THE WEAVER STREET
FIRE HOUSE, TOWN OF MAMARONECK.
Supervisor Mandeville called the meeting to order at 8: 15 P . M.
PRESENT: Supervisor Mandeville
Councilmen Embury, Watson, Waterman and McKeever
ABSENT: None
Presence was also noted of Town Attorney Delius, Town Clerk Gronberg,
and Town Accountant Finson.
The minutes of February 7th, 13th and 28th were approved as presented.
The Town Clerk presented and read a telegram received from Mr. Harold M.
Goldberg, Attorney for Queen City Bus Company, Inc., stating that he
would be unable to attend the meeting, but would appreciate the Board' s
cooperation in the matter discussed in his recent communication. His
letter of January 31st, stated that it is impossible to obtain addi-
tional coverage over the $100,000 limit by any carrier or combination
of carriers. The members of the Board discussed the matter of insur-
ance for Queen City Bus Company, Inc. and the following resolution,
moved by Councilman Embury, seconded by Councilman Watson, was
unanimously adopted:
WHEREAS, a resolution was heretofore adopted by this Board on
January 17, 1951, granting consent to Queen City Bus Company, Inc .
to operate busses along certain routes in the Town of Mamaroneck,
which consent was granted pursuant to the provisions of the Transporta-
tion Corporations Law; and
WHEREAS, said consent was granted upon certain conditions, among
them, a condition that the Company, as operator of busses, shall take
out and at all times during the term of the consent, maintain in full
force and effect, public liability insurance satisfactory to the Town
Board as to form and sufficiency in limits of at least $500,000 for
one accident on the omnibuses operated by it; and
WHEREAS, it now appears that the Queen City Bus Company, Inc.
as operator, is unable to obtain public liability insurance in such
amounts,
NOW, THEREFORE, BE IT
RESOLVED that the consent granted to Queen City Bus
Company by resolution heretofore adopted on January 17,
1951, is hereby modified and amended so as to provide that
the Company shall take out and at all times, during the term
of the consent, maintain in full force and effect, public
liability insurance satisfactory to the Town Board as to
form, in amounts of not less than $50,000 - $100,000 for each
bus and these requirements shall supersede the requirements
for any other insurance, bonds or public liability insur-
ance that may be fixed or approved by the Public Service
Commission or other public body upon which the power to
regulate and prescribe in respect thereto, is at present or
hereafter may be conferred by the laws of the State of New York.
Such policy or policies shall be conditioned for the
payment of all judgments that may be recovered by any person
or persons on account of the operation by the Company of
its omnibuses and the policies evidencing such insurance
shall be exhibited to the Town Board on demand, and certi-
ficates filed with the Town Clerk.
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The Town Attorney was instructed to investigate the amounts of insur-
ance carried by the other Bus Companies having franchises to operate in
the Town of Mamaroneck.
The Town Clerk presented and read a statement received from Fordham
Transit Company, Inc. , showing the gross receipts for the six months
ending December 31, 1950. The statement was ordered received and filed.
The Town Clerk presented and read a letter dated March 5 received from
the Board of Elections in White Plains, listing the districts which
have a registration in excess of the 950 permitted by Section 64 of
the Election Law. The letter was ordered received and filed.
The Town Clerk presented and read a letter dated March 20, received
from Chief Harold 0 . Tnomsen, recommending the permanent appointment
of Nicholas Soriano who has been certified as a probationary fireman,
since August 1, 1950.
On motion by Councilman McKeever, seconded by Councilman Waterman, it
was unanimously
RESOLVED that Nicholas Soriano be and he hereby is given
a permanent appointment as truck driver of the Town of
Mamaroneck Fire Department.
The following reports were ordered received and placed on file:
Town Clerk' s Report, February 1951
Report of Receiver of Taxes and Assessments, February, 1951
Fire Report, February, 1951
Report of Westchester Shore Humane Society, Inc. , February, 1951
Attendance Report, February, 1951
Statement of Bank Balances as of March 1, 1951
List of Claims Audited and Paid by the Comptroller, February 7 to March
7, 1951
Summary of Receipts and Disbursements for January and February, 1951
Analysis of Estimated Revenues for January and February, 1951
Analysis of Budget Appropriations riata on
s and Expenditures, Y
Januar and Febru-
ary, 1951.
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For the record, the Town Clerk presented an affidavit of publication
of Notice of Examination made of the Accounts and Fiscal Affairs of
the Town of Mamaroneck for 1948- 1949 and also affidavit of publica-
tion of. the Supervisorfs Annual Report.
Councilman Watson reviewed the January Health Report for the Westches-
ter County Department of Health.
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 Embury, the following resolution was 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,
NOW, THEREFORE, BE IT
RESOLVED that the assessment roll of 1950, taxes of 19511
which shows property now appearing on the roll as follows:
46'7
Block Parcel Name Land only
105 527 Gaetano Protano $ 450
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
105 527 Michael Flynn & W. 310
105 531 Gaetano Protano 1LF0
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
106 548 Rockcliff Estates, Inc. 750
106 556 800
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
106 548 Benny Orsino 490
106 552 Rockcliff Estates, Inc. 0 (easement)
106 553 Benny Orsino 260
106 556 ^ it 600
106 562 Rockcliff Estates, Inc. 200
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
121 332 Wm. G. Holding 2,250
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name LLDL only
121 332 Alan C. Abeel 750
121 334 Wm. G . Holding 1, 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 only
205 59 Jane Cornell 31125
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
205 70 Stanford Zucker & W 1,860
205 59 Jane Cornell 1,265
FURTHER RESOLVED that the assessment roll of 1950
taxes of 1951, which shows property now appearing
on the roll as follows:
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4169
Block Parcel Name Land only
(305) various Johnethel Realty Corp. $51,300
(304-1)
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
304 5 Elizabeth G . Pearson 200
304 1 Johnethel Realty Corp. 51,100
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
333 1 Elmcroft Corp. 62,400 1,000 63,400
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imp. Total
333 1138 Kadel-Fischer Co. Inc. 630 630
333 1 Elmcroft Corp. 61,770 1,000 62,770
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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 L2nL only
601 _ 137 Village of Larchmont 32750
(150x100) - 6 lots
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
601 137 Theo. V. Bennett & Wife 12250
(50x100) 2 lots
601 142 Village of Larchmont 2, 500
(100x100)
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
819 422 Village of Mamaroneck 500
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
819 422 Maria Rositi 250
819 429 Vitina Esposito 250
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
832 9 Village of Mamaroneck $2,500
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
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Block Parcel Name Land only
832 9 Village of Mamaroneck 1,250
832 14 ^ It It i,250
FURTHER RESOLVED that the assessment roll of 1950
taxes of 1951, which shows property now appearing
on the roil as follows:
Block Parcel Name Land only
914 1 Herman Meyer 34,750
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel .Name _ Land only
914 1 H. Meyer & L. Chintz 10,000
914 330 Fenimore Apartments, Inc. 243750
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Councilman Embury stated that he had nothing to report for his depart-
_ ments .
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The Supervisor requested a resolution authorizing the borrowing from
surplus of an amount not exceeding $34,227.81 which represents the out-
standing balance due School Districts 1 and 2 on 1950 School levies.
Councilman McKeever introduced the following resolution:
RESOLUTION AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION NOTE OF THE
TOWN OF MAMARONECK IN AMOUNT NOT EXCEEDING $34,227.81 IN ANTICIPA-
TION OF THE COLLECTION OF UNPAID SChOOL TAXES FOR THE FISCAL YEAR
JULY 1, 1950 TO JUNE 302 1951.
RESOLVED BY THE TOWN BOARD OF THE TOWD OF MAMARONECK IN THE COUNTY
OF WESTCHESTER, STATE OF NEW YORK, AS FOLLOWS:
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Section 1. In anticipation of the receipt of unpaid school
taxes for the fiscal year beginning July 1, 1950 and ending June
30, 1951, and for the purpose of providing moneys to pay to the
Treasurers of Union Free School District No. 1 and School Dis-
trict No. 2, the amount of unpaid school taxes, the Supervisor
is hereby authorized and directed to issue a Tax Anticipation
Note of the Town in a total principal amount not exceeding
$34,227.81 pursuant to Section 555 of Chapter 852 of the Laws
of 1948 of the State of New York, and pursuant to Section 24.00
- of the Local Finance Law of the State of New York.
Section 2. It is hereby determined and declared:
(a) The total amount of school taxes levied in said Town for
said fiscal year is School District No. 1 - $12405,150.78
School District No. 2 - $22,740.92
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473
(b) The total amount of said taxes due and unpaid is : School
District No. 1 - $33,868.35; School District No. 2 - $ 359.46.
(c) The total amount heretofore borrowed and outstanding in
anticipation of the collection of said taxes is none.
Section 3. The note issued under this resolution shall be dated
April 1, 1951 and shall mature on September 1, 1951, and the date
of maturity of such note or any renewal thereof shall not extend
- beyond the close of the applicable period provided in Section
24.00 of the Local Finance Law of the State of New York for the
maturity of such notes.
Section 4. The Supervisor is hereby authorized to determine the
interest rate and all other matters in connection herewith not
determined by this or subsequent resolution and his signature upon
said note shall be conclusive as to such determination. The note
issued hereunder shall be substantially in the form of "Model Form
of Note Payable to Borrower" set forth in Schedule B of the Local
Finance Law of the State of New York and shall be signed by the
Supervisor and countersigned by the Town Clerk and shall have
the seal of the Town affixed thereto.
Section 5. The Supervisor is hereby further authorized to issue
said note and to borrow the principal amount thereof as hereby
determined from the reserve fund resulting from moneys received
from the redemption of transfers of tax liens as provided in
Section 556 of Chapter 852 of the Laws of 1948 as amended.
Section 6. The faith and credit of the Town of Mamaroneck are
hereby pledged for the punctual payment of the principal of and
interest on said note and unless otherwise paid or payment pro-
vided for, taxes shall be levied on all of the taxable property in
said Town in an amount sufficient to pay said principal and interest.
The foregoing resolution was seconded by Councilman Waterman and
adopted by the following vote:
AYES: Supervisor Mandeville
Councilmen Embury, Watson, Waterman and McKeever
NOES: None
Supervisor Mandeville requested a resolution providing for a salary
increment of $180. payable to James O'Brien, police patrolman, effec-
tive April lst, 1951, making his annual compensation $3,480.
On motion by Councilman Embury, seconded by Councilman Watson, it was
unanimously
RESOLVED that the annual compensation of James O'Brien,
Police Patrolman, be fixed at °$3,480, effective April
1st, 1951.
Supervisor Mandeville presented and read a letter dated March 13th,
received from Glick-Freedma.n, Certified Public Accountants, asking
for an increase in the auditing and accounting fee from $1 -510. to
$ 2,000. Following discussion, on motion by Councilman Embury,
seconded by Councilman McKeever, it was unanimously
RESOLVED that the compensation of Glick-Freedman, Cer-
tified Public Accountants, for auditing services in the
Budget year 1951, be increased from $1,500. to $2,000. ,
the additional amount of $500. to be appropriated from
surplus.
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475
Supervisor Mandeville brought to the attention of the Board, the
application of the Westchester Religious Institute for cancella-
tion of the 1945 School tax on property known as Block 947, Par-
cel 1; BlocK 945 Parcel 73; and Block 953, Parcel i. The Super-
visor stated that if the application is approved, the Institute
would be able to pay the Mamaroneck Valley Sewer tax and there is
a possibility that some of the land now owned by the Institute
would be offered for sale and put back on the Tax roll.
Following an explanatio2i of this matter by Mr. Delius and a lengthy
discussion by the members of the Town Board, the following resolu-
tion was moved by Councilman Waterman, and seconded by Councilman
Watson:
WHEREAS, the Westchester Religious Institute purchased certain
property in the Town and Village of Mamaroneck, known as Block 953
Parcel 1, Block 947 Parcel 1 and Block 945 Parcel 173, in the month
of February, 1945, with the intention of using the same for educa-
tional and religious purposes; and
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WHEREAS, protests were filed in connection with the assessment
for the-year 1945, claiming all of said property to be exempt under
the provisions of the Tax Law of the State, on the grounds that the
owner was a non-profit educational and religious corporation and
that its property was exclusively devoted to such use, which even-
tually resulted in certiorari proceedings to the Supreme Court
where the contention of the Westchester Religious Institute was
sustained and the property held to be entirely exempt; and
WHEREAS, the School tax for 1945 which became a lien September
1, 1945, but which was assessed on the basis of a fiscal year from
July 1, 1945 to June 30, 1949, remains unpaid and the Westchester
Religious Institute has petitioned this Board for compromise of
same on the ground that this tax covers a period during which the
property was owned and operated by a tax exempt institution or
corporation,
NOW, THEREFORE, BE IT
RESOLVED that the School tax upon premises known as Block
953 Parcel 1, Block 947 Parcel 1, and Block 945 Parcel 173,
originally in the amount of $4,410.97 with penalties, inter-
est and charges and/or the tax lien for same now owned by
the Town of Mamaroneck, be compromised and cancelled upon
condition that the Westchester Religious Institute pay to
the Town, the Mamaroneck Valley Sewer Tax from which this
Institution is not exempt, for the years 1949 and 1950,
which are also open and unpaid, together with such penalties
and interest as have accrued thereon.
The foregoing resolution was adopted by the following vote:
,YES: Supervisor Mandeville
Councilmen Watson, Waterman and McKeever
NOES: None (Councilman Embury not voting)
— t
The Supervisor stated that each member of the Board had received a
copy of the Report of the State Department of Audit and Control and
asked that they take particular notice of the remarks on page 5 .
The Supervisor presented the January and February, 1951, reports of
the Building Inspector, listing the permits issued and fees collected
and also giving the approximate assessment. The Town Clerk was in-
structed to send a copy of these two reports to each of the Council-
men.
477
Supervisor Mandeville requested a resolution closing the Town Office
at noon on Good Friday.
On motion by Councilman Embury, seconded by Councilman Waterman, it
was unanimously
RESOLVED that the Town Office be closed at noon on Good
Friday, March 23rd, 1951.
Supervisor Mandeville reported that on Tuesday night, he had attended
a meeting of the Larchmont Gardens Association, relative to the park-
ing situation at Larchmont station. He said he had expressed himself
as being in favor, if, as,and when the Thruway is completed, of set-
ting up a parking area, paving it, and metering it. He went on to
say, however, that until such time as the situation is cleared up, it
would be useless to do this. Mr. Wang, Chairman of the Park Com-
mission, together with the Supervisor, had met with Mr. Bardo of the
New Haven Railroad Company and Mr. Bardo was willing to partially
commit the railroad to doing something to help the Town when they
are sure it will be of a permanent nature.
Councilman Embury said that, in the meantime, he had asked Mr. Wang to
write the Railroad Company to learn whether, in the interim, the Town
couldntt adopt the same sort of plan they have in the Village of
Larchmont, namely, to take part of the area and restrict it to cars
which would bear a ticket to be provided to the people of the Unin-
corporated Area only. He reported that the Railroad would take this
matter under consideration. . Councilman Embury continued by saying
that he hopes, if the Town is permitted to put this plan into effect,
that a reciprocal agreement can be arranged with the Village of
Larchmont.
Supervisor Mandeville requested a resolution authorizing the purchase
of a broom filler for the Austin-Western Sweeper. He further stated
that at the time of the purchase of the sweeper, it was hoped that
the Town could use the machine owned by the Village of Mamaroneck.
The Village was willing for this arrangement but upon examination,
it was found that the machine was not the right size.
On motion by Councilman Embury, seconded by Councilman Waterman, it
was, upon roll call, unanimously
RESOLVED that the Superintendent of Highways be and he
hereby is authorized to purchase from Progressive
Machine Company of Hackensack, New Jersey, one H draulic
Broom-making Machine for the approximate sum of 1450 .
The Town Attorney presented a proposed complaint against Michael
Giacomo, et al, in an action brought in the Supreme Court for an in-
junction restraining the defendants from using the property on Madi-
son Avenue, Lester Place and Fifth Avenue, for automobile repair,
storage of trucks or any other business or trade, on the ground that
it violates the Zoning Ordinance of the Town. This, the Town Attar=
ney had prepared in accordance with instructions from the Board at
its last meeting.
Upon motion made by Councilman Embury, seconded by Councilman
Waterman, it was unanimously
RESOLVED that the Supervisor be and he hereby is
authorized to verify this Complaint to the end
that this action may be commenced.
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479
Councilman McKeever stated that he had nothing to report for his de-
partments.
The Town Clerk presented a list of claims for Fire Department expen-
ditures which had been checked by Chief Thomsen 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 Watson, it was unanimously
RESOLVED that the following described claims be and
they hereby are approved and that 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. $$ 6.90
American LaFrance Foamite Corp. 21.23
Bloomingdale Bros. 32.10
Chatsworth Oil & Heating Co., Inc. 128.26
Consolidated Edison Company of New York, Inc. 41.09
Max Goldman, Inc. 61. 50
Homelite Corporation 6.15
Keeler Associates 321.93
Mamaroneck Plumbing Supply, Inc. 16.18
New York Telephone Company 65.90
Westchester Joint Water Works #1 3.63
McGuire Bros. , Inc. 7.50
Merson Clothes, Inc. 285.00
997.37
The Town Attorney presented a proposed agreement between Westchester
Joint Water Works, No. 1, the Town of Mamaroneck, and Carnoy-Wolter
-- Construction Corporation, for the installation of water mains in
property purchased by this Company, located on Fenimore Road and known
as a portion of Section 2 and the westerly portion of Block 846,
Parcel 225 on the Town Assessment Map, and explained that this agree-
ment was in the usual form by which the customer pays (in this case)
$740.45 as the estimated amount for furnishing and installing the
water mains and that upon completion of these water mains, the cus-
tomer will receive a statement showing the actual cost plus 15% for
over-head, and if this exceeds the amount deposited, the customer
will contribute any excess, but if said cost be less than the
deposited amount, the customer shall be entitled to refund of the
difference.
This agreement also further provides that thereafter, the Water
Company shall re-pay to the customer annually, an amount eaual to 90%
of all receipts from metered water sold to customers during the pre-
vious year through service connections made with the water main until
the customer shall have been re-paid $600. provided, however, that no
refund shall be made after the first 10 years.
Upon motion made by Councilman McKeever, seconded by Councilman Watson,
it was unanimously
RESOLVED that the Supervisor be and he hereby is
authorized to sign the above agreement on behalf
of the Town.
The Town Attorney presented the matter of the water main in the Hommocks
Section of the Town and stated that, although this Section has been
supplied by the Village of Larchmont Water Department through a main which
crosses the meadows from Flint Park, the Village Engineer has decided that
no further connections should be allowed to this main. The reasons given
are that the pressure is inadequate, the main is old, and there is danger
of failure of service and the Village obviously suggests that this Section
should be serviced by the Westchester Joint Water Works . The Attorney
also presented a letter from the Superintendent of the Westchester Joint
Water Works, stating in detail the situation as it now exists. The
Superintendent recommends that the Westchester Joint Water Works take
over the water supply in this Section and estimates the cost of labor
and materials to connect with the present water main in the Boston Post
Road or its recent extension to Eagle Knolls Road, to be $5,434.46•
The Superintendent also recommends that the cost of this be shared
1/2 each by the Town and Village of Mamaroneck, which recommendation
is on the basis of use and consumption of water by customers in this
area.
After some discussion, the Board indicated that it would be willing to
to along on this basis but did not commit itself to the estimate of cost
or the materials recommended by the Superintendent of the Water Works .
The Supervisor said he would investigate into the cost and types of pipe,
and report back to the Board.
The Town Attorney reported that Sarah Oliner had, so far, failed to close
title to premises known as Block 104 Parcel 1, and Block 105 Parcel 1,
on the Tax Assessment Map, which she purchased at an auction of Town-
owned properties held on November 20th, 1950, at which time she had
deposited $280. on account of a purchase price of $2,650. and after
approval of the sale by the Town Board, she had signed the usual con-
tract agreeing to take title to this property on January 31, 1951, upon
payment of any balance due. He stated that he had contacted Mrs. Oliner
several times, asking her to complete the transaction and that, in view
of her refusal or neglect to do so, he recommended that the Town should
declare her deposit to be forfeited for failure to comply with her
agreement.
After some discussion, it was, on motion by Councilman Watson, seconded
by Councilman McKeever, unanimously
- RESOLVED that the Town Attorney notify Mrs. Sarah
Oliner that she must close title immediately or, in
the event that she cannot or will not do so, that her
money will be refunded to her.
The Town Board discussed the matter of the radio aerial located on the
property of Mr. Maurice K. Bretzfelder, 17 Glen Eagles Drive. Mr. Delius
was instructed to look into the possibility of an ordinance controlling
situations of this kind and to report on it at a future meeting of the
Board.
The Town Attorney brought to the attention of the Board, a bill pre-
sently before the Governor for signature, which amends the Agriculture
and Markets Law and would provide that, in addition to other provisions
regulating the running at large of dogs, any city, town or village may
make restrictions and impose fines upon violators not to exceed $25.
for each violation, to be recovered in a civil action.
No action was taken by the Board.
There being no further business to come before the meeting, it adjourned
at 10: 20 P. M. to meet again on April 4th, 1951.
To C1 k