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HomeMy WebLinkAbout1951_06_06 Town Board Regular Minutes 527 MINUTES OF A REGULAR MEETING OF THE TOW" BOARD OF TiE TOWN OF MAMARO® NECK, HELD DUNE 6th, 1951, IN THE COUNCIL ROOM OF THE 1JEAVER STREET FIRE HOUSE, TOWN OF MAMARONECK. Supervisor Mandeville called the meeting to order at 8: 15 P . M. PRESENT: Supervisor Mandeville Councilmen Embury, Watson and McKeever ABSENT- Councilman Waterman Presence was also noted of Toxn Clerk Gronbera, Town Attorney Delius, and Town Accountant Finson, Mr. Anthony DeCicco appeared and submitted plot plans showing several lots and streets in a subdivision known as "High view Ridge" . He asked the Board to take some action in connection with the improve- ment of the streets. The matter was discussed and it appeared that Mr. DeCicco had not, as yet, filed a subdivision map or offered the Town a deed. After discussion, on motion made by Councilman McKeever, seconded by Councilman Embury, it was, upon roil call, unanimously RESOLVED that this Board hereby appropriates the sum of 62,400. from Surplus for surface paving of the street knower as High Ridge Road as shown on the map of the sub- division known as "nigh View Ridge?', provided (1) That the said subdivision map be filed in the County Clerk? s Office, (2) That a proper deed of conveyance to the bed of the -- street be given to the Town, in form satisfactory to the Town Attorney; and (3) That the streets be graded and provided with sur- face drainage according to the specifications made by the Town Engineer. The Clerk presented and read an affidavit of publication of Notice of Public Bearing to be held Tune o, 1951, for the purpose of consider- ing an amendment to certain sections of Chapters V and XI of the General Ordinance. No one appeared at this hearing. On motion by Councilman Embury, seconded by Councilman Watson, it was unanimously RESOLVED that Sections 4, 5 and 6 of Chapter V of the General Ordinance of the Town of Mamaroneck, as last amended by resolution of the Town Board, adopted May 5, 1943, are hereby further amended so as to read as follows- Section 4. No unmuzzled dog shall be allowed on any highway, sidewalk, or public place, in the Town of Mamaroneck, from the - first day of May to the first day of October, in any year, unless such dog be held on a leash. Section 5 . No animal, except cats, or muzzled dogs, and no fowl shall be allowed to run at large in the Town of Mamaroneck, except upon the premises of the person who owns, keeps, harbors, 529 or otherwise has the care or custody of such animal or fowl, except upon the premises of another person_ with the knowledge and consent of such other person, j i Section 6 . No person shall cause or permit any animal, except cats or muzzled dogs, and no person shall cause or permit any fowl to run at large in the Town of Mamaroneck, except in compliance with Sections 3, 4 or 5 of this chapter. Any such animal or fowl, so running at large, shall be liable to be — impounded by the police or dog warden duly appointed pursuant to provisions of the Agriculture and Markets Law, and any police officer or dog warden is hereby authorized to impound said animal or fowl and if the owner or person in charge of such animal or fowl shall not claim it and pay a penalty of $10.00 for the violation of this ordinance, together with the expense of impounding and keeping such animal or fowl within three days, then said animal or fowl may be disposed of by sale or j killing and, if by sale, the proceeds thereof shall be for the use of the Town. FURTHER RESOLVED that Section 2 of Chapter XI of the General Ordinance of the Town of Mamaroneck, as last amended b7 resolution of the Town Board adopted Novem- ber 5, 1941, is hereby further amended so as to read as follows- Section 2. Violation of these Ordinances shall subject the offender for each offense, to a civil penalty not to exceed the following amounts respectively: Chapter III Sections 1, 5 and 6 $50.00 -- Chapter IV Sections 2, 3, 4, 5, 6, 8, 9, and 12 . . . . . . . . . . . . 25 .00 Chapter V I Sections 1, 2 and 3 10.00 Sections 4 and 5 . . . . . . . . . . . . . . . . . . . . . 25 .00 Chapter VI Sections 1, 4, 61 71 6 and 9 . . . . . . . . . . . . . . . . . . 100 .00 Chapter VII Sections 2, 3 and 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 Chapter VIII i r Sections 1, 2, 1¢ and 11 50.00 Chapter IX Sections 2, 6, 9, 10 and 11 . . . . . . . . . . . . . . . . . . . . . 50.00 The penalties for violations as above provided shall be in addition to any fine provided for in the preceding section. 533 The Clerk presented a letter dated May 29th, received from Mr. Fred H . Bull, Jr ., together with a copy of a letter submitted to the Board of Trustees of the Village of Mamaroneck by its Corporation Counsel, Mr. Anthony Sansone. In his letter, Mr. Sansone recommended the return of a deposit in the amount of $48. for the purchase of property known as Section 9, Block 63, Lots 9 to 16 inclusive, because of a change in zoning made since the bid was originally submitted. Mr. Bull informed the Town Board that the Board of Trustees had authorized the withdrawal of the bid and had directed that a refund be made to Mr, A. J. Thomas, et al, the bidders for the property in question. Upon motion by Councilman McKeever, seconded by Councilman Embury, the following resolution was unanimously adopted: WHEREAS, heretofore, at a meeting held by this Board on the 18th day of October, 1950, a request was received from the Village of Marnaron_eck for approval of the sale of certain property foreclosed by the Village of Mamaroneck and known as Section 9, Block 63, Lots 9 to 16 inclusive, and on the Town Map as Block 926, Parcel 16, to A. J . Thomas, et al, who presented a bid for the property; and WHEREAS, the bidders have since requested that permission be granted therm to withdraw their bid because of a misunderstanding of the zoning regulations affecting the property; and WHEREAS, the village of Mamaroneck has agreed to cancel the said bid and has requested the Town to do likewise, THEREFORE, BE IT RESOLVED that the action of the Village of Mamaroneck in canceling the bid of A. J . Thomas, et al, for property known as Section 9, Block 63, Lots 9 to 16 inclusive on the Assessment Map of the village of Mamaroneck and as Block 926, Parcel 16 on the Assessment Map of the Town of Mamaroneck, which bid was approved by this Board in its resolution adopted October 18th, 1950, is hereby approved. The Town Clerk presented a letter signed by 9 residents in the vicinity of Williams and Lester Place, requesting that the 'Town provide drain- age, by means of a catch basin and storm drain leading to Fifth Avenue, for surface water which now collects. -in Williams Place near the cor- ner of Lester Place. This matter was referred to the Town Engineer. The Clerk presented a letter, dated June /.nth, received from Councilman Waterman, stating that he had inspected the premises of Mr. R. J . Kins at 28 Mohegan Road, who had requested permission to erect a decorative split cedar fence 6 feet 6 inches in height., along the rear line of his property. It was Mr. Waterman" s recommendation that the request be granted. He suggested, however, that the Board might wish to give the adjoining property owners an opportunity to be heard on this mat- ter. The Clerk was instructed to write to the three adjoining property owners to learn their views on the matter. The Clerk presented a letter dated June .4th, 1951, received from the _. County Transportation Co. , Inc., informing the Board that in order to reduce the operating deficit on Route 8 which runs from Larch- ont Manor to the Mamaroneck Railroad Station, it will be necessary to curtail some of the service. The letter further stated that the curtailment of the service will not affect school children. The letter was ordered received and filed. 535 I I i The following reports Were ordered received and filed: Attendance Report, April, and May, 1951 Report of Westchester Shore Humane Society, Inc. , April and May, 1951 Report of Receiver of Taxes, April and May, 1951 Town Clerk? s Report, May, 1951 Building Inspector' s Report, May, 1951 Fire Report, May, 1951 Statement of Bank Balances as of June 1st, 1951 List of Claims Audited and Paid by Comptroller, May 2 to June 6, 1951 Summary of Receipts and Disbursements, January 1 to April 30, 1951 Analysis of Estimated Revenues, January i to April 30, 1951 Analysis of Budget Appropriations and Expenditures, January 1 to April 30, 1951 The Clerk reported that the Annual Audit of Glick-Freedman had been filed with him, and copies presented to the Supervisor and Councilmen. The Clerk_ presented a list of Claims for Fire Department expenditures 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 McKeever, 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. 1T],S_r v that the f oilo,?ing described claims o . they hereby ar gip, a.nd uper_v and Comptroller b y here �_ orized to pay e out of the budget for the Fire Depar fu ¢° Wesco Paint & Glass Co. $1909 New York Telephone Company 71.42 Consolidated Edison Co. of N. Y. , Inc . 33 .15 Librandi, Florists & Nurserymen 95 .00 Merson Clothes, Inc. 337.00 Chatsworth Oil & Heating Co. , Inc. 57.38 Ror_coni Lawn Mower Service 116.60 Franklin Cleaners 32.00 Ps-ntard Paint Co. 20.45 f G . W . Merrell 10.07 Mitchell Oil Corporation 27.50 Smith-Miller Co. 13.05 H . M. Everitt, Jr. 2.70 A & A Automotive Co. 9. 57 Ramon Martinez 18.75 The State Insurance Fund 999.39 Leonard W. Ericson 12.00 A & A Automotive Co. 4.26 Henigsonas Lumber Company 18.00 McGuire Bros. , Inc . 5 .00 T esco Fire Equipment & Service 6.75 Wesco Fire Equipment & Service 6. 50 Wesco Fire Equipment & Service 85 .90 Ramon Martinez 22.90 William B. Lemon 38.25 New York Telephone Company 2. 50 New York Telephone Company 31.40 Westchester Joint Water Works No. 1 .66 Total $2,097.44 3?' 1 Councilman Watson reported that he and Councilman McKeever and Mr. Foote had conferred with Messrs. Carnoy and Latimer concerning the bridge which Mr. Carnoy proposes to build in his new subdivision, and Mr. Carnoy had asked that the bridge, between curb lines, be less than 30 feet for purposes of economy. He also wished to reduce the span and clearance of the bridge . Following discussion, on motion by Councilman Watson, seconded by - Councilman McKeever, it was unanimously RESOLV ED that the contract, dated February 8th, 19513 between the Town of Mamaroneck and Carnoy-Tdolter Con- struction Corporation, and which was made as a condi- tion of the purchase of certain property by Carnoy- Wolter Construction Corporation from the Town, be modified so as to allow the bridge across the brook over which access is to be obtained to Fenimore Road, to be constructed not less than 24' feet in the clear between curbs, provided that in all other respects Carnoy-Walter Construction Corporation shall carry out and abide by the provisions of said contract Dated February 8th, 1951 Supervisor Mandeville presented a resolution received from the Village of Mamaroneck approving the sale of 3 properties. The Supervisor recommended that the Town Board approve the sales to Fran: Huber and Albert H. Elgert and reject the sale to David Cuyler as this property is owned by the Town and a bid has been received for it by the Town. The Clerk was instructed to notify the Village Manager of the Boardas action and also to inform Mr. Cuyler that he could bid for this property at the next Town auction which will be held on July 9th. Upon motion by Supervisor Mandeville, seconded by Councilman McKeever, the following resolution was, upon roll call, unanimously adopted- NTHEREAS, the Village of Mamaroneck, through the institution of an action in the County Court of Westchester County, entitled "In the ,latter of the Foreclosure of Tax Liens pursuant to Article V1T-A3 Title 3 of the Tax Law by the Village of Mamaroneck, List of Delinquent Taxes for 19 :511 , has become and now is the owner of a number of parcels of real estate situate in the Village of Mamaroneck and Town of Mamaro- neck; and WHEREAS, both the Viliage of Mamaroneck 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 Mamaroneck 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 distribution of the proceeds received from said sales; and WHEREAS, the Viliage of Mamaroneck has, pursuant to an agree- went had with the Town of Mamaroneck, advertised for and has heretofore received bids on certain properties owned by the Town of Mamaroneck as well as on certain properties owned by the Village of Mamaroneck in the Town of Mamaroneck; and IdHEREAS, the Board of 'Trustees of the Village of Mamaroneck has given consideration thereto and after due deliberation, accepted the bids hereinafter listed as to price and terms therein set forth; and 4JHEREAS, since receipt of said bids, this Board has given con- sideration thereto, and after due deliberation, it is I' 539 i i i RESOLVED that the bids hereinafter lasted, be accepted at the price and terms therein set forth: LIST OF BIDS ACCEPTED It SECTIONS 8 AND 9 Total Town Village Assessed Blk. Par. Sec . Blk. Lot Bidder r_„nom Valuation Terms S20 85 8 54 Part of Frank Huber $600 $1, 700 Cash. Lot 1Al2 J . Stanley Sure, Agent) 901 290 9 12 16 Albert H. Elgert (Joan A. Fazio, Agent) 200 750 Cash FURTHER RESOLVED that the Town Clerk is hereby instructed to notify the Village Manager of the fact that the parcel known as Section 8, Block 33, Lots 29, 30 (Block 315, Parcel 388) is owned by the Town and will be offered for sale at the next auction- of Town-owned property, On motion by Councilman Watson, seconded by Councilman McKeever, it was unanimously RESOLVED that the next Town auction for the sale of properties acquired by foreclosure proceedings in rem, will be held on July 9th, 1951, in the Council Room of the Cleaver Street Fire House at 8:15 P . M. The Supervisor presented for approval, the renewal of a lease with Elkan --- Park Association for property now used as a playground and also a lease with the Westchester County Park Commission, covering several parcels of vacant land on Sheet 10A Pelham Port Chester Parkway. On motion by Councilman Embury, seconded by Councilman Watson, it was unanimously RESOLVED that the following leases be renewed for a period of one year, upon the same terms as originally made: I Lease with C . Benjamin Brush, Jr. , at 2.1. and Town of Mamaro- neck, dated April 15, 1950 and expiring April. 30, 1951. Lease with Count Park Commission and Town of Mamaroneck, dated April 27, 1950 and expiring April 30, 1951. Supervisor Mandeville informed the Board that he had received requests from both. the Mamaroneck and Larchmont Soft Ball Leagues for financial assistance in conducting the leagues. On motion by Councilman McKeever, seconded by Councilman Watson, it was unanimously RESOLVED that the Town purchase soft ball equipment in an amount not to exceed $300. from the appropriation in the 1951 Budget, "General 'Town, Miscellaneous, Recrea- tion" ; and FURTHER RESOLVED that this equipment be placed at the disposal of the soft ball leagues of the Village of Mamaroneck and the Village of Larchmontm I I Tne Supervisor stated that he had received a check in the amount of $42068.352 representing the Town' s share of the distribution of the current yeares rental received from Estate Appraisal and Valua- tion Company (Hcmmocks Country Club) . Or motion_ by Councilman Embury, seconded by Councilman McKeever, it was unanimously RESOLVED that the Receiver of Taxes and Assessments be and he hereby is authorized., empowered and directed to accept the sum of $$+,068.35 in full payment of the following taxes- 1950 State, Town & 1950 Block Parcel Count:,r School i 414 1 136.64 $ 110.08 933 l 936 1 883.39 1,419.15 942 367 568 846.50 12359.88 935 700 69.58 111.77 936 117 129 .66 208.30 942 392 41.1.1 66.05 943 12 256.69 412.37 934 90 86.97 139 .71 22450.54 3,827.31 Town Share of 1951 rent 4,068.35 Total 'T'own taxes 62277.85 Amount to be cancelled 22209. 50 Supervisor Mandeville requested a resolution authorizing payment at the rate of 6 cents per mile, to Frank O'Brien for the use of his automobile. On motion_ by Councilman Matson, seconded by Councilman McKeever, it was unanimously RESOLVED that in accordance with subdivision 1 of Section 102_ of the Tc-�an Law, the T01Tn Board of the Town of Mamaroneck hereby determines to allow and pay Frank O?Brien for the use of his automobile, at a rate not to exceed 6 cents per mile (but not to exceed $50.) for mileage actually and necessarily driven by him. in performance of his duties as Foreman in the Highway Department of the Town of Marnaror_eck. The Supervisor requested a resolution authorizing the attendance of _. Frank OBBrien and Alexander Finson, at a school for Highway Superin- tendents at Cornell University. On motion by Councilman Watson, seconded by Councilman RtcKeever, it was unanimously RESOLVED that Frank C?Brien and Alexander Fir-son be and they hereby are authorized to attend a school for High- way Superintendents at Cornell University, Ithaca, "Hew York, on June 18th, 19th and 20th, expenses for same to be paid out of the item appropriated for such purpose in the Budget. 543 On ?notion by Councilman Embury, seconded by Councilman Watson, it was unanimously RESOLVED that the annual compensation of John M. Leonard., Patrolman, be fixed at $3,480. effective June 1st, 1951 and the annual compensation of Richard Winckler, Patrolman, be fixed at $3,480. effective June 15th, 1951 . This is in accordance with the regular increment schedule allowed. Supervisor Mandeville requested a resolution authorizing the installa- tion of a drainage pipe abutting the property of Rudy Novak. On motion by Councilman McKeever, seconded. by Councilman Watson, it was, upon roll call, unanimously RESOLVED that the construction and installation of a sur- face drain from the property of Rudy Novak at the south- west corner of Boston Post Road and Hommocks Road for a distance of 40 feet to the rear of said property, is hereby authorized, provided that proper consent is ob- tained from Rudy Novak and that the cost of material, as estimated by the Town Engineer, is paid to the Town. On motion by Councilman McKeever, seconded by Councilman Embury, it was unanimously RESOLVED that in pursuance of Section. 529 of Chapter 852 of the Laws of 1948 (Westchester County Administrative Code) the Board of Review is hereby appointed to consist of Percy M . Bibas, Ss Mills Harris, and Silvio Rainaldi, being resident taxpayers of the Town, who shall serve at the pleasure of the Board. FL TEER RESOLVED that the compensation of the afore- mentioned members is hereby fixed in the amount of $25. a day but not to exceed $250. each. On motion by Councilman Watson, seconded by Councilman Embury, it was unanimously RESOLVED that Fred L . Maggini, 87 Palmer Avenue, Larch- mont, New York, be and he hereby* is appointed a member of the Zoning Board of Appeals, to fill the vacancy created by the resignation of Henry W. Butterfield, for a five year term, expiring February 19th, 1956. On motion by Councilman McKeever, seconded by Councilman Embury, it was unanimously RESOLVED that the following notice be published in the Mamaroneck Daily 'Times. NOTICE NOTICE IS HEREBY GIVEN in compliance with Section i42 of the highway Law, that A, J . Fcote, Superintendent of Highways of the Town of Mamaroneck, Westchester County, New York, has recommended the purchase of a Ford Sedan at a maximum estimated cost of $1,000 .00® The Town -- Board of the Town of Mamaroneck will meet at the Council Room of the ?leaver Street Fire house, Weaver Street, Larchmont, New York, on the 27th day of June, 1951, at 8. 15 P . M. to consider such purchase® On motion. by Councilman Embury, seconded by Councilman McKeever, it was unanimously RESOLVED that William Fulcher be and he hereby is appointed Town Historian of the Town of Mamaroneck, to serve at the pleasure of the Board. 545 FURTHER RESOLVED that Mr. Fuicher be and he hereby is authorized to attend the State Historical Society meeting at Cooperstown., New York, fro.;' July 5th to July lith, expenses,not to exceed $150. to be paid out of the item in the Budget appropriated for such purpose. Supervisor Mandeviie informed the Board that he had given permission to the Children' s Council of Westchester, a. charitable organization, to use the Town Yard for a dinner-bazaar, to be held on July 14th, 1951. Councilman McKeever had nothing to report. Supervisor Mandeville again presented to the Board, two estimates for repairs to the roof of the Weaver Street Fire House, together with guaranties . The bids were as follows: Harrison Roofing and Tinning Company V1, 535 > Idew Rochelle Roofing Cornice and Sky-light Works,Inc . 12500, The Board discussed the bids and guaranties and agreed that, although the bid of Harrison Roofing and Tinning Company was 035 . higher, their guaranty was more substantial. On motion by Councilman McKeever, seconded by Councilman Embury, it was, upon roll call, unanimously RESOLVED that the bid of Harrison Roofing and Tinning Company in the amount of $1,535 . for the installation: of a new asphalt roof on the Weaver Street Fire House, be and it hereby is accepted. Mr . Delius made a report to the Board with regard to some of the cer- tiorari proceedings now pending in his office. i After discussion, on motion by Councilman Embury, seconded by Council.- --- man Watson, the following resolution was unanimously adopted. t WHEREAS, heretofore a writ of certiorari was obtained by M . FRANCIS CAVALLON, and tIILLIr-f G. McLAUGHLIiN1, owners respectively of property described on the assessment map and assessment roll of the 'Town. of Mamaroneck as Block 211, Parcel 592, and Block 106, Parcel 525, to review the assessment for the year 19µ9, tax of 19509 and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceeding be settled and discontinued upon the reduction of the assessment NOW, TriEREFORE, BE IT RESOLVED that the assessmert for he year 1049 (taxes of .1950) upon property owned by M. FRA-7CIS CAVALLOIv and tid1LLIAMG. McLAUGriLIN , and described respectively upon the assessment map and assessment roll of the Town of Mamaroneck as Block 211, Parcei 592, and Block 106, Parcel 525, be reduced as follows* FROM __. AssmBt. Tax Year Year Block Parcel Land Improvement Total 1949 1950 21-1 595 $3, 850 15,500 22,350 1949 1950 106 525 21250 18,000 205250 TO AssmIt. Tax Year Year Block Parcel Land ImproveTMent Total 1949 1950 21-1 595 3,550 171100 20,950 1949 1950 106 525 2, 250 16,000 18, 250 54"7 provided the certiorari proceeding now pending in the names of M. Francis Cavallon and Idilliam G . McLaughlin for the year 1949, taxes of 1950, be discontinued with- out costs as against either party. FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lations to obtain an order of the Supreme Court pro- viding for such reductions . On motion by Councilman McKeever, seconded by Councilman Embury, the _- following resolution was unanimously adopted. )WhEREAS, heretofore writs of certiorari were obtained by ARTHUR LE VINE, owner of property described on the assessment map and assessment roll of the 'Town of Mamaroneck as Block 954, Parcel 10 to review the assessments for the years 1943, 1944, 1945, 1946, 1947, and 1950 (taxes of 1944, 1945; 1946, 1947, 1945 and 1951 respectively) ? and l,HEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment NOW, THEREFORE, BE IT RESOLVED that the assessments for the years 1943, 1944 19453 1946, 1947, and 1950 (taxes of 1944, 1945, 1946, 1947, 1948, and 1951 (respectively) upon property owned by ARTHUR LE VIItiE and described upon the assessment map and assessment roil of the 'Town of Mamaroneck as Block 954, Parcel 1, be reduced as follows: FRONT Assmft. Tax -- Year Year Block Parcel Land Improvement Total 1943 1944 954 1 $74,400 50,000 124,400 1944 1945 954 1 74,400 50,000 124,400 1945 1946 954 1 68,000 502000 118,000 1946 1947 954 1 68,000 47, 500 1151500 1947 1948 954 1 68,000 47, 500 115,500 1950 1951 954 1 682000 47,500 115,500 TO Assmat. Tax Year Year Block Parcel Land Improvement Total 1943 1944 954 1 X65,000 25, 000 90,000 1944 1945 954 1 65,000 25,000 90,000 1945 1946 954 1 60,000 252000 85,000 1946 1947 954 1 502000 25,000 75,000 1947 1948 954 1 503000 25,000 75,000 1950 1951 954 1 50,000 25, 000 75,000 provided the certiorari proceedings now pending in the name of Arthur Le Vine for the years 1943, 1944, 19455 1946, 1947 and 1950 (taxes of 1944, 1945, 1946, 1947, 1948, and 1951 respectively) be discontinued without costs as against - either party. FURTnER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lations to obtain orders of the Supreme Court pro- viding for such reductions® i 49 On motion by Councilman McKeever, seconded by Councilman Watson, the following resolution was adopted: WHEREAS, heretofore writs of certiorari were obtained by EARL LABARRE, et a.l, owners of property described on the assessment map and assessment roll of the Town of Mamaroneck as Block 955, Parcel 120, to review the assessments for the years 1949 and 1950 (taxes of 1950 and 1951) ; and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment NOS', THEREFORE, BE IT RESOLVED that the assessments for the years 1949 and 1950 (taxes of 1950 and 1951) upon property owned by EARL LABARRE, et al, and described upon the assess- ment map and assessment roil of the 'Town of Mamaro- neck as Block 955, Parcel 120, be reduced as follows: FROM Assm" t® Tax Year Year Block Parcel Land Improvement Total 1949 1950 955 120 $84, 500 31,000 1152500 1950 1951 955 120 64,500 31, 000 1152500 TO Assmvt® Tax Year Year Block Parcel Land Improvement Total ---- 1949 1950 955 120 70,000 25,000 952000 1953 1951 955 120 70,006 25,000 95,000 provided the certiorari proceedings now perking in the name of Earl LaBa.rre, et a1, for the years 1949 and 1950 (taxes of 1950 and 1951) be discontinued with- out costs as against either _arty, I 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 redactions . A vote taken on this resulted as follows: AYES: Councilman Embury Councilman Watson Councilman McKeever DOES: None Supervisor Mandeville did not vote on this resolution. On motion by Councilman McKeever, seconded by Councilman Watson, the following resolution was unanimously adopted: HEREAS, heretofore writs of certiorari were obtained by A& ES and OTTO MARX, owners of property described on the assessment map and assessment roll of the Town of Mamaroneck as Block 964, Parcel 1, to review the assessments for the years 1944 to 1950, both inclusive (taxes of 1945 to 1951) ® and VHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment NOW, THEREFORE, BE IT RESOLVED that the assessments for the years 1944 to 1953 both inclusive (taxes of 1945 to 1951) upon property owned by AGNES and OTTO MgRX and described upon the assessment map and assessment roll of the Town of Mamaroneck as Block 964, Parcei 1, be re- duced as follows- FRONT Assm' te Tax Year Year Block Parcel. Land Improvement Total 1944 1945 964 1 �i29,000 35,000 i64,000 1945 1946 964 1 120,000 35, 000 155,000 1946 1947 964 1 120,000 35, 000 155,000 1947 1948 964 1 120,000 35,000 155,000 1948 1949 964 1 120,000 35,000 155,000 1949 1950 964 1 ilo,000 35,000 1451000 1950 1951 964 1 1101000 35,000 145,000 i TO Assm� tm Tax Year Year Block Parcel Land Improvement Total 1944 1945 964 1 $110,000 152000 125,000 j 1945 1946 964 1 ioo,000 15,000 115,000 _946 1.94? 964 _ 1301000 15,000 115,000 - 1947 1948 964 1 1003000 15,000 115,000 1948 1949 964 1 1002000 3.5,000 115,000 1949 1950 964 1 90,000 10,030 100,000 1950 1951 964 1 93,000 10,000 100,000 provided the certiorari proceedings now pending in the n aiue of AG_`!ES and 01"10 _2riRiX for -_'le years 1944 to 1-950 both inclusive (taxes of 1945 to 1951} be discontinued without costs as against either party. I FJRTiER RESOLVED that the Tov- n attorney is hereby authorized and di.ected to sign the necessary stipu- lations to obtain orders of the Supreme Court pro- viding for such reductions. Mr . Deii 'us reported ',o the Board that on February 21, 1951, tine Town was notified by the New Haven Railroad Company that suit had been brought against the Railroad Company by one Harry VV= rInowles to recover �l.330 for personal injjuries when he tripped, and fell over a fence or barrier located at the easterly end of the west- -found platform at Larch_montm This accident was said to have occurred on November 27th, 9950, at about 5: 45 Pa Ma , but the action had been brought in a -muni- cipal court in New York City, The Railroad clamed that if any recovery was had against it, the Town must reimburse it under the lease between the Railroad Company and Re- the Town Park Department, in which the Town agrees to inderanil°y the Railroad 'for all such damages . He said further, that he had had the matterinvestiga.ted and there was no report w=iatsoever of any such accident, either to the Rail oad_ personnel at the Station or to the Poiice Department and under the provisions of Section 50 of the General Municipal Law, the manes claim against the To?-?n was barred for failure to f i-ea claim with the Town C le r'. within the time limited. by Section 50 of the General Municipal Law. i 553 Notwithstanding this, Mr. Delius said he had referred the claim to the Hartford Accident Indemnity Company 7a'ho claim that this risk was not covered even under the comprehensive policy because at the time of this accident (November 27, 1950) the policy did not cover liability under a lease such as the one between the Town and the Railroad and so the Insurance Company refused to accept this claim for settlement. (Since then, he said, the policies have been endorsed to cover such risk) The Railroad Company has suggested a possible settlement for some nominal sum and the Town Attorney, while he stated he doubted the Town as responsible since the accident was claimed to have resulted from failure to properly maintain a light at the easterly end of the west- bound platform and the injured man could not, therefore, see the barrier or fence which the Railroad Company had erected to 'weep cars from encroaching upon the railroad tracts, recommended that the claim be settled if possible . He was unable to set any figure but the 'Town j Board agreed in principal to such a procedure. The Board discussed the application made by Joseph Lewis, to 'prohibit f. or restrain the use of the Auditorium of the Teaver Street Fire House for masses by the Church of Sts. Raul and John and its use by the Temple on their high holy days . Mr. Delius stated that, while he had only just received a copy of the papers served upon the Supervisor, he believed that the application � could_ be successfully contested. He was directed to proceed accor- dingly, There being no further business to come before the meeting, the Board adjourned at 10:45 Pm M. to meet again on June 27th. T oTa �ilCr�l 1 I i I I