Loading...
HomeMy WebLinkAbout1945_12_28 Town Board Minutes STATUTORY AND SPECIAL MEETING OF THE TOWN BOARD, TOWN OF MAMARONECK, NEW YORK. HELD DECEMER 28, 1945 In the Council Room of the Weaver Street Fire House , Town of Mamaroneck , New York. The meeting was called to order by Supervisor Mandeville at 9:00 o 'clock A.M. (Eastern Standard Time) . Present: Supervisor Mandeville Councilmen Keeler , Embury , Watson Absent : Councilman Stiner (because of illness) The presence was also noted of Town Clerk Payne , Town Attorney Delius , Accountant Finson, Town Engineer and Supt . of Highways Foote , Town Clerk-Elect Gronberg , and Councilman-Elect Mills , Jr. The minutes of the meeting of November 13 , 1945, were approved as presented. The Supervisor recommended the following , which was received from the Town Attorney , and it was on motion by Council- man Embury , seconded by Councilman lratson, upon roll call , unani- mously adopted: RESOLVED, that the resolution heretofore adopted by this Board on July 7, 1943 , authorizing the Supervisor , pursuant to subdivision 1-a of Sec- tion 86 , of the Social Welfare Law of the State of New York, to pay over to the Town Welfare —. Officer , an amount sufficient for use as re- volving fund , not esceeding, however , the great- est amount of home relief expenditures in any two months during the year 1942 , and authorizing the Public Welfare Officer to withdraw said funds by checks for home relief purposes , be amended so as to include in such withdrawals , from such revolving fund , not only payments to recipients of home re- lief, but also payments to suppliers , including medical services. The Town Attorney recommended and Mr. Keeler introduced the following resolution: RESOLUTION DATED DECEMBER 28, 1945, AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION NOTES OF THE TOWN OF MAMARONECK IN AMOUNT NOT EXCEEDING $150 ,000. IN ANTI- CIPATION OF THE COLLECTION OF TAXES LEVIED FOR TOWN PURPOSES FOR THE FISCAL YEAR 1946. RESOLVED BY THE TOIFN BOARD OF THE TOWN OF MAMARO NECK IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. In anticipation of the collection of real estate taxes levied for Town purposes for the fiscal year beginning January 1 , 1946 , and for the purpose of providing a fund to be expended for any of the purposes for which funds are appropriated in the annual estimate of the Town for said fiscal year , the Supervisor is hereby authorized and directed to issue a tax anticipation note or notes of the Town, at one time or from time to time as the money may be needed, in total principal amount not exceeding $150 ,000 , pursuant to' Section 24.00 of the Local Finance Lava of the State of New York. Section 2. It is hereby determined and declared: . (a) The total amount of taxes levied in said Town for Town purposes for said fiscal year , as pro- vided in the annual budget adopted the 5th day of De- ceriber , 1945, is $618 ,431.62 (exclusive of Judicial , Military , County and Mamaroneck Valley Sewer Levies) . (b) The total amount of said taxes outstanding and uncollected , is $618,431.62. (c) The total amount heretofore borrowed and outstanding in anticipation of the collection of said tares , is none . Section 3. The notes or rote issued under this resolution shall be dated January 15, 1946 and shall mature on May 1 , 1946 , and the date of maturity of such notes or note , or any renewals 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 said notes. Section 4. The Supervisor is hereby authorized to determine the number , denomination and interest rate of said notes or note and to determine all other matters not determined by this or subsequent resolution, and his sig- nature upon said notes or note shall be conclusive as to such determinations. The notes or note issued hereunder shall be substantially in the form of "Model Form of Note Payable to Bearer" set forth in Schedule B annexed to the Local Finance Law of the State of New York, and shall be signed by the Supervisor and countersigned by the Town Clerk who shall have the seal of the Town affixed thereto. Section 5. The Supervisor is hereby authorized and directed to sell said notes or note at private sale at not less than par , without advertisement or public bidding and to deliver the same to the purchaser upon receipt of the purchase price plus accrued interest from the date of the notes to the date of delivery. 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 notes or note and , unless otherwise paid or payment provided for , taxes shall be levied on all the taxable property in said Town in an amount sufficient to pay said principal and interest . On motion of Mr. Keeler , seconded by Mr. Embury , the foregoing resolution was adopted by the following vote: AYES: Supervisor Mandeville Councilmen Keeler , !Matson, Embury NOES: None The Town Attorney recommended the following , which was on motion by Councilman Embury , seconded by Councilman Watson, upon roll call unanimously adopted: WHEREAS , in foreclosure proceedings instituted by the Town against L.S .G. G. Corporation et als. , the referee , duly appointed for that purpose by order of the Supreme Court , sold to the Town of Mamaroneck , Property described as Block 915, Parcel 32 , on the Assessment Map of the Toren of Mamaroneck; and WHEREAS , the said referee has applied to the payment of certain taxes , assessments and tax liens owned by and due to the Town of Mamaroneck, together with in- terest and penalties thereon to the date of sale , the sum of $1 ,593.75, which taxes assessments and tax liens are required to be cancelled by the pro- visions of Section 54 of the Westchester County Tar, Act , NOW, THEREFORE , BE IT RESOLVED, that the following taxes assessments and tax liens are hereby cancelled: Block 915 - Parcel 2 Year of Amount of Lien Interest or Penalty Sale or Tax to-December-Z-,-12:15 Total 1941 $ 272 .20 8 15.37 $287. 57 1942 275. 55 12.26 287. 81 1943 277.27 9.02 286.29 1944 255.31 5.24 260. 55 1945 266.24 2.27 268. 51 Block 9 Parcel 2 1945 S.C.T. $ 88.30 $ 8. 83 8 87.13 (penalty) 1945 School Tax 98.96 $ 6.93 $105. 89 (penalty) The Town Attorney advised the Supervisor that the figures in connection with the tax matter which has been pending with John- ethel Realty Corporation were at hand and asked if the Board wished to discuss the matter at this time. The Supervisor inquired if the easement agreement had been completed and the Town Attorney advised that it had not. The Supervisor suggested that this be done before the matter is fully considered by the Board. Following discussion, it was on motion by Councilman Keeler , seconded by Councilman Embury , upon roll call , unanimously RESOLVED , that the tax lien now held by the Town of Mamaroneck for the state , county , town and school taxes for the year 1941 ( sale of 1942) upon the premises known as Block 326 , Parcel 1 , on the tax assessment map of the Town be compromised at $138.. 89 plus interest at 12% per annum from the -- date of sale to January 25, 1946 , and that upon re- deipt of same on or before January 25, 1946 , the Receiver of Taxes be and he hereby is authorized to issue a receipt in full for said tax lien and to cancel same upon his . records. FURTHER RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized to re- ceive and collect the taxes upon the property known and described on the tax assessment map of the Town of Mamaroneck as Block 326 , Parcel 1 , owned by Johnethel Realty Corporation by payment on or before January 25, 1946 , of the face amount of the state , county, town and school taxes as originally levied plus penalties and interest as follows: For the year 1942 (sale of 1943) - $ 60.75 For the year 1943 ( sale of 1944) - 43 .43 For the year 1944 ( sale of 1945) - 27.26 FURTHER RESOLVED, that the tax lien now held by the Town of Mamaroneck for the state , county , town and school taxes for the year 1941 ( sale of 1942) upon the premises known as Block 346 , Parcel 1 , on the tax assessment map of the Town be compromised at $329.44 plus interest at 12% per annum from the date of sale to January 25, 1946 , and that upon receipt of same on or before January 25, 1946 , - the Receiver of Taxes be and he hereby is authorized to issue a receipt in full for said tax lien and to cancel same upon his records. FURTHER RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized to re- ceive and collect the taxes upon the property known and described on the tar, assessment map of the Town of Mamaroneck as Block 346 , Parcel 1 , owned by John- ethel Realty Corporation by payment on or before January 25, 1946 , of the face amount of the state , county, town and school taxes as originally levied plus penalties and interest as follows: For the year 1942 ( sale of 1943) - $143.21 For the year 1943 ( sale of 1944) - $102 .12 For the year 1944 ( sale of 1945) - $ 63.38 FURTHER RESOLVED , that the tax lien now held by the Town of Mamaroneck for the state , county , town and school taxes for the year 1941 ( sale of 1942) upon the premises known as Block 325, Parcel 1 , and Block 804, Parcel 605, on the tax assessment map of the Town be compromised at $318.20 plus interest at 12% per annum from the date of sale to January 25, 1946 , and that upon receipt of same on or before January 25, 1946 , the Receiver of Taxes be and he hereby is authorized to issue a receipt in full for said tax lien and to cancel same upon his records . FURTHER RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized to re- ceive and collect the taxes upon the property known and described on the tax assessment map of the Town of Mamaroneck as Block 325, Parcel 1 , and Block 804, Parcel 605, owned by Johnethel — Realty Corporation by payment on or before January 25, 1946 , of the face amount of the state , county , town and school taxes as originally levied plus penalties and interest as follows : For the year 1942 ( sale of 1943) - $138.35 For the year 1943 ( sale of 1944) - 98.65 For the year 1944 ( sale of 1945) - 61.25 FURTHER RESOLVED, that the above resolutions shall become effective only in the event that the John- ethel Realty Corporation, on or before the date of payment , and not later than January 25, 1946 , execute and deliver to the Town of Mamaroneck or Westchester Joint Water Works No. 1 a certain agreement granting the right to the Town, or Joint Water Works , to maintain water pipes as they now exist and through the parcel of the property des- cribed as Block 346 , Parcel 1 , in substantially the form as prepared and submitted by the Town Attorney. FURTHER RESOLVED , that upon receipt of the face amount of the taxes with penalties and interest as aforesaid , the Receiver of Taxes and Assess- ments is authorized and directed to furnish the Johnethel Realty Corporation, or any other person paying the taxes , a receipt showing payments as above specified. The Supervisor stated that he had several tax matters to place before the Board. He advised that Mr. Euclide Brondoli had offered another payment on the plan of compromise which was agreed upon about two years ago. He recommended the following which was on motion by Councilman Keeler , seconded by Councilman Embury , upon roll call, unanimously RESOLVED , that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered , and directed to accept payment of taxes for the following years on the following described pro- perty , the liens for which are held by the Town, in the face amount of the taxes: Block 126_Parcel 427 Sale Tax State , County School Total Year Year --&. Town Tax Tar. Lien 1943 1942 $ 73.36 $ 30.24 $103 .60 1944- 1943 73 .08 30 .46 10a_j4 $207.14 The Supervisor recommended the following , which were accompanied with checks , in the amounts equal to the offers. Council- man Keeler offered and Councilman Embury seconded the resolutions. It was on motion by Councilman Keeler , seconded by Councilman Embury , upon roll call , unanimously RESOLVED, that the Receiver of Taxes and Assessments be and hereby is authorized, empowered and directed to accept payment from Mrs. Ellen S. Cumpel the sum of 5709.63 for the following taxes on property known as Block 924, Parcel 1 , at the face amount of the liens plus interest at the rate of six per cent from the date of sale : Sale-Year Tax Year Amount of Lien Interest at 6% Total 1944 1943 $ 326. 58 $ 31.02 8357.60 1945 1944 340. 51 11152 z2 2, $709.63 On motion by Councilman Keeler , seconded by Councilman Embury , it was , upon roll call , unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized , empowered and directed to accept the sum of $232.21 from Joseph J. Rigano, in payment of the following taxes on property known as Block 902 , Parcel 298, at the face amount of the tax liens: Sale Year Tax Year Total Tax Lien 1940 1939 $ 36.62 1941 1940 37.77 1942 1941 38.23 1943 1942 39. 88 1944 1943 38.93 1945 1944 40.78 8232.21 On motion by Councilman Keeler, seconded by Councilman Embury , it was , upon roll call , unanimously RESOLVED , that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and di- rected to accept the sum of $246.20 from Dorothea B. White , in payment of the following taxes on property known as Block 223 , Parcel 171 , at the face amount of the tax liens: Sale Year Tax Year Total Tax Lien 1940 1939 $ 39.99 1941 1940 40.31 1942 1941 40.17 1943 1942 41.46 — 1944 1923 41.44 1945 1944 42.83 $246.20 On motion by Councilman Keeler , seconded by Councilman Embury, it was , upon roll call , unanimously RESOLVED , that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to sell by assignment to Mr. Anthony Sganga , the follpw- ing tax liens on property known as Block 127, Parcel 264, for the sum of Three Hundred Dollars ($300.00) : Sale Year Tax Year Total Tax Lien 1934 1933 $ 30.31 1935 1934 42. 55 1936 1935 33 . 52 1937 1936 45.21 1938 1937 48.22 1939 1938 53. 56 1940 1939 51.77 1941 1940 52.17 1942 1941 52.01 1943 1942 53.68 1944 1943 53 .65 1945 1944 55.38 $572.03 It was on motion by Councilman Keeler , seconded by Council- man Embury , upon roll call , unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and hereby is authorized , empowered and directed to accept payment from J.H. Tichenor , the sum of $425.91 for the following taxes on property known as Block 210 , Parcel 188 , at the face amount of the liens plus interest at the rate of six per- cent from the date of sale: u d i'1 Sale Year Tax Year Amount of Lien Interest at 6c' Total 1942 1941 $ 91.44 $ 20. 11 $111. 55 1943 1942 94.39 15.10 109.49 1944 1943 94.34 9.43 103.77 1945 1944 97.22 3. 88 101.10$425.91 The application of Henry P. Rubin, on behalf of his client , George Polera , for the payment of $600.00 in full settle- ment of tax liens on Block 124, Parcels 440 and 445, was denied. It was recommended that the Town Clerk advise Mr. Rubin that the Town Board might be inclined to consider an offer of $1 ,000.00. The Supervisor presented his annual report of highway moneys for the year 1945 which was signed by the membersof the hoard and referred to the Superintendent of Highways to be dealt with according to law. The Supervisor stated that he was concerned about the road houses and places which would be used on New Year ' s Eve for dancing. He said that from all indications the coming holiday would bring out the largest crowds known because of it being the first peace time New Year ' s holiday in five years. He informed the members of the Board that he had written a letter to the owners and managers of each of the places requesting them to place a policeman and a fireman in attendance during the hours of business on that evening. He asked the Town Clerk if any applications for licenses for the new year had been received. The Town Clerk stated that one application had }peen received and that this was from the Bonnie Briar Country Club. He advised that letters had been sent to each of the establish- ments with a copy of the ordinance and an application for the new license . Also that telephone calls had been made to each of these places. He said that he had been in constant touch with the police chief in order to keep him advised. The Town Clerk presented a letter received from Mayor Washburn, dated December 8, 1945, acknowledging with thanks the offer of the Town to have the Town Attorney prepare an agreement jointly with the Village Attorney for the proposed in rem fore- closure proceedings. The Town Clerk presented- a claim signed by Paul A. Yerick, Chief of Police , dated December 21 , 1945, showing expenses in con- nection with his attendance at the International Police Chiefs ' Conference at Miami Beach , Florida , December 10 to 13 inclusive , 1945. Following some discussion , it was on motion by Council- man Embury , seconded by Councilman Watson, upon roll call , unanimously resolved: WHEREAS , the Chief of Police has presented his claim for expenses in attending a convention of Police officials at Miami , Florida , December 10 , 11 , 12, 13 , 1945; and WHEREAS , this Board considers his attendance at such convention to have been of benefit to the Town of Mamaroneck and his expenses to be within -- the provisions of Section 77-b of the General Municipal Law: IT IS HEREBY ORDERED , that his claim for expenses be approved and authority is hereby given to the Dhief of Police to attend such convention. The Supervisor informed the members of the Board that during his absence he wished to have Councilman Watson act in the capacity of Supervisor , in order to carry on the affairs of the Totem without interruption. Following some discussion, it was on motion by Council- man Embury , seconded by Councilman Keeler , upon roll call , unani- mously RESOLVED , that during the absence of the Supervisor and until January 8, 1946 , matters generally referred to him be referred to Councilman Edward F. Watson. A letter dated December 26 , 1945, was received from Anthony Decicco, honorably discharged veteran of World War II , requesting that consideration be given to his application to receive a plumber ' s license without an examination. He stated that he was a partner in a firm which was licensed before he entered the service and that now his partner ' s whereabouts is unknown. That on the basis of having been in business in this Town for a number of years he felt that he was justified in asking for a license without the heavy expense and necessity of taking an examination. The matter was referred to Councilman Stiner for a report from the Board of Plumbing Examiners. The following reports for the month of November , 1945, were received and ordered filed: Report of the Town Clerk; Super- visor ' s Report ; Summary of Receipts and Disbursements; Analysis of Budget Appropriations and Expenditures; Analysis of Estimated Revenues. Councilman Embury presented the report of the Department of Public Welfare for the month of November , 1945, which showed as follows: Year Case Load Individuals Amount 1944 25 43 $1 ,264.00 1945 21 46 1 ,012. 80 The Town Clerk stated that he had at hand the public officials ' bonds for the elected officers , which bonds had been approved by the Town Attorney. It was on motion by Councilman Keeler , seconded by Councilman Embury, upon roll call , unanimously RESOLVED, that the following bonds for elected officials are hereby required pursuant to the Town Law and approved as follows : Bond, Owen A. Mandeville , as Supervisor of the Town of Mamaroneck, conditioned for the faithful performance of his duties including the payment of all school moneys , pursuant to Section 25 of the Town Law, upon which the National Surety Corporation is surety in the penal sum of $25,000; Bond , Charles J. Gronberg , as Clerk of the Town of Mamaroneck, conditioned for the faithful per- formance of his duties including the depositing of all funds or moneys of the Town, received by him, pursuant to Section 25 of the Town Lava, upon which the National Surety Corporation is surety in the penal sum of $1 ,000; & a Bond , Henry R. Dillon, Receiver of Taxes and Assessments of the Town of Mamaroneck, conditioned for the faithful performance of his duties including the depositing of all funds or moneys of the Town, received by him, pursuant to Section 25 of the Town Law, upon which the National Surety Corporation is surety in the penal sum of $20 ,000; Bond , Wesley M. Messersmith , Justice of the Peace of the Town of Mamaroneck, conditioned for the faithful performance- of his duties including the depositing of all funds or moneys of the Town, received by him, pursuant to Section 25 of the Town Law, upon which the National Surety Corpor- ation is surety in the penal sum of $1 ,000. The Supervisor informed the members of the Board that he had received a letter dated December 27, 1945 from Mr . Donald B. Abbott with reference to Block 915, Parcel 32. Mr. Abbott stated in the letter that he was interested in purchasing the property referred to for the sum of $2 ,000 , all cash. The Supervisor suggested that the property be advertised for sale , bids to be received at the next meeting. Following some discussion, it was on motion by Council- man Keeler , seconded by Councilman Embury , upon roll call , unani- mously RESOLVED, that the Town Clerk be authorized to publish the following notice in the Daily Times , the official newspaper of the Town: ADVERTISEMENT FOR BIDS The Town of Mamaroneck is requesting bids on the following described parcel of property: ALL that plot of land in the Town of Mamaroneck, County of Westchester and State of New York known as Lots Nos. 3 and 4, Block No. 1 on a certain map entitled , "Amended Map of the Heathcote Hill Tract , Property of the Heathcote Realty Company in the Village of Mamaroneck, Westchester Co. , N.Y." by John M. Farley , February , 1905 and filed in the Register ' s Office of Westchester County , May 4, 1905 as Map No. 1497• The above described premises are also known as Block 915, Parcel 32 (formerly known as Section 9, Block 53 , Lots 8 and 9) on the Tax Assessment Hap of the Town of Mamaroneck. The above parcel will be sold subject to covenants and restrictions in former deeds or in- struments of record, easements , if any , and any state of facts that an accurate survey or inspection of the premises will show. All bids must be submitted in sealed envelopes , addressed to the Town Clerk, Town of Nameroneck, and on the exterior of the envelope , shall be included the words: "Bids for Property . " Bids will be received at the office of the Town Clerk, 158 West Boston Post Road , IJamaroneck, New York, until 5 o' clock P.M. on January 8th, 1946 , or from 8 to 8:15 o ' clock P.M. in the Council Room of the Weaver Street Fire ?Iouse , on that same evening. Bids must be accompanied by a certified check in the amount of 100 of the bid. The right to reject any or all bids is reserved and the acceptance of bids is subject to approval by the Board of Trustees of the Village of Mamaroneck. Dated, December 28, 1945. By Order of the Town Board. Robert D. Payne , Town Clerk. The Supervisor stated that he had at hand a memorandum from the Town Comptroller requesting that certain funds be trans- ferred within the 1945 Budget. Following some discussion, it was on motion by Council- man Embury , seconded by Councilman Watson, upon roll call , unani- mously RESOLVED, that the Town Comptroller and the Super- visor be and they hereby are authorized to transfer funds within the 1945 Budget and from Surplus Funds , Garbage District No. 1 for prior years , as follows, FROM: 1945 General Town Rliscellaneous Fund Taxes - Town-Owned Property - $325.00 TO: Dept. Town Offices - Office Supplies $100.00 Dept. Receiver of Taxes - Office Supplies 100.00 Dept. Assessor - Office Supplies 125.00 FROP,,I: Garbage District No. 1 - Surplus funds Prior Years 8400.00 1945 Garbage Incin. 475.00 TO: 1945 Garbage Dist . l - Truck Repairs 856.42 1945 Garbage Dist . #1 - insurance 18. 58 Councilman Watson gave a detailed report on the study made on the new equipment which has been considered for garbage collection. Following discussion, it was decided that Town Engineer Foote request the Brockway Motor Co. Inc. and the Gar Wood Industries , Inc. to prepare proposed contracts for the consideration of the Town Board at the next meeting. Supervisor Mandeville expressed to Councilman Edward A. Keeler and Town Clerk Robert D. Payne his appreciation for their services to the Town. He said to Mr. Payne that he had expressed his feelings at the dinner kiven to Mr. Payne the other evening and that at this time he wished to express to Councilman Keeler his appreciation for his excellent cooperation as a member of the Town Council. The Supervisor said to Councilman Keeler : "This is your last visit as a member of the Town Board - for a while , anyhow. I want to say that you have given to me unselfishly of your time , energy and efforts. You have been a good councilman and public official. With your wide knowledge you have saved the Town a lot of money and you leave your mark of achievement with us. C I an sorry to see you go,"' "I am also grateful to all of the Councilmen who have given so unselfishly of their time and to all the Department Heads and each individual who is employed by the Town. Their excellent service and cooperation have resulted in a smooth administration of the Town' s affairs and has made my job easy, " "I also giant to express my appreciation to Mayor Washburn, Mayor Santoro and Manager Johnson for everything they have done . They have gone out of their way to cooperate and to make the association between the Villages and the Town above par , bringing about many savings to the taxpayers . " Councilman Watson added that while he might be considered only a freshman on the Board , he has leaned quite a bit about Town affairs from Mr . Keeler and in this short association he enjoyed serving the community with him. Mr. Keeler replied. "It has been a pleasure to serve on this Board and to work ;with all of you and the members of the Town Offices . It is with some regret to leave all this . If there is anything I can do for the Town and this Board , you may certainly call upon me at any time , if it is within my power to be at your service . I have enjoyed the work and if there is anything I can do, I am always at the command of the Town of Mamaroneck. And to my successor , I wish the greatest of luck and best wishes. The harmony that has existed between the members of the Board will , I am sure , continue during your term. " - Town Clerk Payne stated that he appreciated his association and experience with all the members of the Board since he first be- came clerk eight years ago and that his short association with the two new members demonstrates that they are the same type of gentle- men with whom he had served in former years. He thanked Supervisor Mandeville for his cooperation and pointed out that the Supervisor is the only remaining member of the original Board of eight ,years ago. Referring to Mr . Gronberg , he concluded, My successor will take up the duties and will carry on for you in a very fine manner. He has already spent considerable time in the Town Clerk' s office studying the procedure. " At 10: 30 P-M- the Board unanimously resolved to adjourn. ----- —Town Clerk