HomeMy WebLinkAbout1948_02_04 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD, T07-IN OF 14AMARONECI 9
HELD FEBRUARY 4, 1948
In the Council Room of the 'heaver Street Fire house , Town of
Mamaroneck, New York. i
The meeting was called to order by Supervisor Mandeville
at 8s15 P.M. (Eastern Standard Time) .
Present: Supervisor Mandeville
Councilmen McKeever , Mills , Watson, Embury
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Absent, None Ii
The presence was also noted of Town Clerk Gronberg, Torn
Attorney Delius and Accountant Finson.
The minutes of December 29, 1947, were approved as presented.
The minutes of January 8, 1948 , were approved as corrected.
A letter dated January 26, 1948, was received from Police
Chief Paul A. Yerick, together with copy of letter from C. Benjamin
Brush , Jr . , suggesting that the street light presently in front of
210 Palmer Avenue be moved one pole farther north so that it will
light tip the entrance to Elkan Road.
It was the Chief' s recommendation that this be done, which
he said would be an advantage to both pedestrians and vehicles.
The members of the Board unanimoi:sly approved the recommen-
dation made by Chief Yerick.
A letter dated January 26 , 1948, was received from Police
Chief Yerick, advising that the Civil Service Department had notified
him that the temporary appointment of Edward ?"vestfall must be terminated
as of February 1 , 1948.
The letter was ordered placed on file.
The following reports were ordered placed on file,
Building Report for the month of January, 1948.
.
Report of the Receiver of Taxes for the month of January , 1948.
Report of the Westchester County Dog Protective Association for the
month of January, 1948.
Town Clerk' s report for the year 1947.
List of Claims Audited and Paid by the Comptroller from January 1 , 1948
to February 4, 1948.
Statement of Bank Balances as of February 1 , 1948.
Annual Report of the Supervisor for the Fiscal Year Ended December 31 ,1947. '
Councilman 77atson said he had nothing to report for his De-
partments.
Councilman Embury had nothing to report for his Departments.
The Supervisor read a letter dated February 3, 1948, received
from the Morris Stern Agency, reeuesting that the Town Board lease to
two ex GI ' s , namely , William and John Paonessa of 160 Waverly Avenue ,
Mamaroneck, New York, property designated as Block 4119 Parcel 76 ,
to be used as a golf driving range.
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Mr. Morris Stern and Messrs. John and William Paonessa,
were present at the meeting.
The Supervisor explained to the members of the Board that
this is a request for the use of a piece of property near the entrance
of the Hommocks on the Post Road. This property was acquired by the
Town through its In Rem foreclosure. He named several people who had
approached him about the rental of this property and in each case had
informed them that originally the plan was to make this a swimming
- - area for the people in the unincorporated section, to be developed
under a government grant.
Mr. Stern said he did not know that the several people men-
tioned by the Supervisor were interested. He further stated that this
proposal would not interfere with iThatever plans the Supervisor had in
mind. He pointed out that he had been a member of the Mamaroneck East
Basin Committee and a number of years passed before the government took
any action. He said he believed the same .viould be true in this case ,
and until such plans were completed, the Town might consider leasing
the property.
Mr. Stern said the boys would consider leasing the property
for three years. That no harm would be done to it and no permanent
buildings would be constructed, except for a type of shelter , or office ,
on the 1C0° frontage on the Post Road, which would be used for their
customers. He said the boys intend to invest $6 ,000. to improve the
land and are willing to pay a yearly rental of $600. , which amounts
to $100. for a six month business.
The Supervisor stated that there are many factors to be con-
sidered. He said there are fifteen or sixteen residents in the Hommocks
section to be considered and the question of what their reaction will
be. He said two or three of the residents had called him after being
contacted by interested parties and they replied that they did not
know enough about the matter to take a position. He said. this is also
a matter for the Zoning Board, and if this received their approval,
the present Town Board could only consent to a two year lease.
Mr. Stern said this arrangement would be agreeable. He
further stated that he definitely was not interested in a commission
if this request were granted. His interest was that of a friendly
nature having known the boys a long time.
Following various questions asked by the members of the Board,
the Supervisor informed Mr. Stern that the matter would be given serious
consideration.
On motion by Councilman Embury , seconded by Councilman
McKeever , the following rules regarding vacation and sick leave were
unanimously adopted:
1. Annual Leave
Every Town Officer or Employee shall be allowed a vacation
with pay of twelve (12) working days per year after one year of con-
tinuous service; eighteen (18) working days per year after ten years
of continuous service , provided that any Officer or Employee continuously
employed six (6) months or more may be allowed one (1) day of vacation
with pay for each month employed.
In calculating the time allowed for vacations Saturday and intervening
holidays shall be considered a full working day.
Such vacation shall, when earned, be taken in the calendar year and
should be continuous, except that additional leave earned by ten (10)
or more years of service be permitted to be taken at any time through-
out the calendar year.
Such vacation shall be granted, only at such time or times as the work
of the department will permit.
It is hereby declared to be the policy of the Board in cases of
_._ separation from the service , a terminal leave vacation may be granted
at the discretion of the Town Board depending upon the length of ser-
vice and the employment record , and if funds are available therefor.
2. Sick Leave
Any Town Officer or Employee who has been continuously em-
ployed for a period of six (6) months or longer shall be granted sick
leave with full pay for a period not to exceed 12 working days , in any
calendar year. If any Officer or Employee does not use the full allow-
able amount of sick leave in any calendar year , the. time not used may
be accumulated from year to year.
For employees in service January 1 , 1948, the earned accumulated sick
leave allowance for the years prior to January 1, 1948, shall be equal
to the number of years of such allowance multiplied by six (6) days.
For sick leave (including accumulated sick leave) of more than two
days at any one time, a doctor ' s certificate may be required for the
third and subsequent days of leave.
Rule 2 shall not apply to cases where compensation is allowed pursuant
to the Workmen' s Compensation Law.
Any department head may present a statement to the Torm Board present-
- ing all particulars , together with a recommendation to the Board for
such special consideration as the case may warrant.
3. Leave for Occupational Disabiliix
Any Employee ' s benefits for a disability arising out of,
and in the course of, his employment and as so determined are governed
by the Workmen' s Compensation Laws of the State of New York and covered
by Workmen's Compensation Insurance. Each such case shall be immediately
reported to the Insurance Carrier and the Town Clerk for submission to
the Town Board.
In the event that the Town Board grants full pay for such disability,
any award for temporary disability made pursuant to the Workmen' s Com-
pensation Lama shall be refunded to the Town.
Any department head may present a statement of all particulars with
full recommendation to the Board for such consideration as the case
may demand.
4. General
a. Each department head shall report each month to the Town
Clerk for submission to the Town Board on absences of employees in his
department and the reason therefor.
b. These rules shall not be applicable to hourly and per diem
employees of the Town of Mamaroneck, to those employees not employed on
a full time basis , or to any class of employee covered by. provisions of
Law affecting such classes.
Referring to the matter discussed at the last meeting re-
garding additional compensation for Mr. Foote and Mr. Ward, the Super-
visor said that he had found ways and means of paying these men an
additional $250. each , by increasing Mr. Foote ' s salary as Building
and Plumbing Inspector , and Mr. Ward ' s , by paying him as Assistant
Superintendent of Highv,,ay. He recommended t)-B t these amounts be
retroactive as of January 1, 1948.
The Supervisor' s recommendation received the unanimous
- approval of the members of the Board.
On motion by Councilman McKeever , seconded by Councilman
Embury , it leas, upon roll call, unanimously
RESOLVED, that the salary of A.J. Foote as Building
and Plumbing Inspector be increased from $300. to
$550. per year , effective as of January 1 , 1948;
FURTHER RESOLVED, that James P. Ward, Assistant
Superintendent of Highways , be paid the sum of
$250. per year for his services as Assistant
Superintendent of Highways , effective January 1 ,
1948.
The Supervisor presented two sales which had been approved
by the Trustees of the Village of Larchmont , covering properties ac-
quired by that Village in its foreclosure proceeding In Rem.
On motion by Supervisor Mandeville , seconded by Councilman
Watson, the following resolution was unanimously adopted:
WHEREAS , the Village of Larchmont , through the
institution of an action begun on February 13 , 1946 ,
in the County Court of Westchester County , and en-
titled "In the Matter of the Foreclosure of Tax
Liens Pursuant to Article Seven-A, Title 3 of the
Tax Law by the Village of Larchmont (List of De-
linquent Taxes for 1946) 11 , has become and now is
the owner of a number of parcels of Real Estate
situate in the Village of Larchmont and Town of
Mamaroneck by virtue of a judgment in said fore-
closure action made and entered on June 19, 1946
and conveyances to the Village by the Village
Treasurer made in pursuance of said judgment; and
=REAS , both the Village of Larchmont and Town of
Mamaroneck held tax liens for unpaid taxes on said
parcels of real property; and
71HERF.AS , pursuant to Section 165-a of the Tax Lava
an agreement dated May 20, 1946 was entered into
between the Village of Larchmont and the Town of
Mamaroneck, which among other things set forth the
interests of said municipalities in the properties
being foreclosed, the disposition of said tax liens
and unpaid taxes and the manner of the distribution
of the proceeds received from said sales; and
WHEREAS , the highest bid received by the Village
Treasurer pursuant to authorization of the Village
Board of the Village of Larchmont on July 28 , 1947
accepted the following offers of the upset prices
on said property;
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Upset Price Village
Block Parcel Purchaser Price Accepited Assm't
610 258 David T. May $19000. 1 ,000. 1 ,700.
601 44 The Sound Construction
Co. , Inc. 600. 600. 850.
BE IT RESOLVED, that the sales prices bid for the
parcels of real property listed above are hereby
--- approved , and that all consents and approval by the j
Town Board of the Town of Mamaroneck for the sale
of the aforesaid parcels of real property by the
Village of L=archmont required under the provisions
of the aforesaid agreement between the village of
Larchmont and Town of Mamaroneck dated May 20, 1946 ,
are hereby granted and allowed.
The Supervisor presented requests from the Village of
Mamaroneck for Town Board approval of the sales of properties acquired
by the Village of Mamaroneck in its foreclosure proceeding In Rem.
Upon motion by Councilman [Watson, seconded by Councilman
McKeever , the following resolution was unanimously adopted:
TIIHEREAS , the Village 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
Village of Mamaroneck, List of Delinquent Taxes for 194511 ,
has become and now is the owner of a number of parcels
of Real Estate situate in the Village of Mamaroneck and
Town of Mamaroneck; and
WHEREAS , both the Village of Mamaroneck and Town of
-- Mamaroneck hold tax liens on said parcels of real
property; and
4IHEREAS , pursuant to Section 165H of the Tax Law an
agreement was entered into between the Village of
Mamaroneck and the Town of Mamaroneck, which among
other things set forth the interests of said munici-
palities 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 Village of Mamaroneck, has pursuant to-
an agreement had with the Town of Mamaroneck advertised
for and has heretofore received bids on certain pro-
perties owned by the Town of Mamaroneck as well as on
certain properties owned by the Village of Mamaroneck
in the Town of Mamaroneck; and
WHEREAS , the Board of Trustees of the Village of
Mamaroneck have given consideration thereto and after
due deliberation accepted the bids hereinafter listed
as to price and terms therein set forth: and
...,HEREAS, since receipt of said bids this Board has
given consideration thereto, and after due deliberation,
it is
RESOLVED, that the bids hereinafter listed be accepted
at the price and terms therein set forth:
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LIST OF BIDS ACCEPTED IN SECTION 8
Total
Villue Town. Assessed
Block_Lot Block Parcel Bidder Amount Valuation Terms
54 11 820 330
12 820 335 Silvio Rainaldi )
(Broker - Jos. )
S. Faillace) )$1 ,500. $1,300. Cash
57 798,99 820 Pt. of )
10 ,11 257 ) $3 :550.
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The Supervisor stated that he had at hand an agreement in
triplicate from the Westchester County Park Commission, covering vacant
land situated on the Pelham-Port Chester Parkway, to be used by the
Town for recreational purposes.
On motion by Councilman Embury, seconded by Councilman Mills ,
it was , unanimously
RESOLVED, that the Supervisor be and he hereby is
authorized to sign lease between the Town of Mamaroneck
and the r'estchester County Park Commission, covering
vacant land situated on Sheet 91 Pelham-Port Chester
Parkway , to be used by the Town for recreational pur-
poses , for a period of one year beginning January 1,
1948, at an annual rental of $1,00:
The Supervisor stated that the Maryland Casualty Co. had
cancelled its current policy covering volunteer firemen under Section
205 of the General Municipal Lave* because of the enactment of Chapter
794 of the Laws of 1947 which provides for additional coverage to
---- volunteer firemen under the ?"Torkmen' s Compensation Law. He recommended
that this insurance be placed with the State Insurance Fund.
On motion by Supervisor Mandeville , seconded by Councilman
Mills , it was , upon roll call, unanimously
RESOLVED, that the present policy now held by the
Yaryland Casualty Co. covering volunteer firemen
be cancelled;
FURTHER RESOLVED, that a policy be obtained from
the State Insurance Fund to cover all benefits for
death and disability to volunteer firemen pursuant
to Section 205 of the General Municipal Law as amended
and Chapter 794 of the Laws of 1947 , effective P,?a.rch 1,
1948.
The Supervisor stated that it would be necessary to transfer
the sum of $529.72 to pay the costs of water extension at Senate Place
and Stratford Road.
On motion by Councilman Mills , seconded by Councilman Embury,
it was , upon roll call , unanimously
RESOLVED , that the Supervisor is hereby authorized to
transfer the sum of $529.72 from Water District surplus
to the Capital Fund to pay water distribution extension
costs , as follows:
$219.29 - Senate Place
$310.43 - Stratford Road
The Supervisor presented each member of the Board with a
copy of a Report of the Joint Fact-Finding Committee on Recreation.
The report was ordered placed on file.
The Supervisor informed the members of the Board that under
the new formula proposed by Governor Dewey ' s Committee on the State
Education Program, the County of Westchester would be allocated an
additional amount approximating one million dollars, of which the
Union Free School District No. 1 in the Town of Mamaroneck would
— receive almost $33 ,000. additional state aid.
He said a great deal of the credit in securing this increase
in state aid is largely due to the untiring efforts of the Mamaroneck
Superintendent of Schools , T. James Ahern; Mr. Louis 11% Klein, Super-
intendent of Harrison Schools; Mr. Harold E. Hollister , District
Superintendent of Schools of 7!estchester County; and r"r. James Hopkins ,
Chairman of the Legislative Committee of the County Board of Supervisors.
The Supervisor said he was encouraged by the accomplishments
so Ar , and that while it may not be the best plan, it certainly is
a step in the right direction.
The Supervisor stated that Commissioner Clair V. Johnson
who had heretofore been appointed by resolution adopted January 8,
1948 , had requested that he be reappointed as of the date of this
meeting because he was not technically the owner of real property on
the assessment roll under the date of his previous appointment.
On motion by Councilman Embury , seconded by Councilman Watson, I
it was , unanimously
RESOLVED, that Clair V. Johnson be reappointed as a
member of the Board of Police Commissioners of the
Town of Mamaroneck, New York, to serve at the pleasure
- of the Board.
The Supervisor informed the members of the Board that he
would be out of town for the next few weeks and recommended that Council-
man 7atson take his place as Acting Supervisor.
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On motion by Councilman Embury , seconded by Councilman
McKeever , it was
RESOLVED,,, that Edward F. ?'Iatson, a Councilman of the
Town of li^amaroneck is hereby designated as Acting
Supervisor in the absence of the Supervisor.
The vote was as follows:
Ayes: Supervisor Mandeville
Councilmen McKeever , Mills , Embury
Not Voting: Councilman ?7atson
Upon recommendation of the Town Attorney, the following
agreement for the deposit of government bonds as securities of the
amounts deposited with the County Trust Company by the Town of IViamaroneck,
was unanimously approved:
Re: C.T.C. Depositary for BortlDepartment and Town Board,
Town of Mamaroneck, New York, Collateral Securing
_�Deposits - Escrow
Town Board
Town of Mamaroneck,
Gentlemen:
^ e have received and are now holding in our Trust Department
$500,000. U.S. Treasury 2% Bonds due 9-15-52/50 and 5100 ,000. U.S.
Treasury 2% Bonds due 6-15-54/52 to be held to secure balances of
the Town arhite Plains or any
Yamaroneck
itshof ficesuinyexcessofhe
Company of
the City of
amount insured b the Federal Government in the followin g accounts-
Town of Mamaroneck - Receiver of Taxes
Highway Fund
Special District Fund
Tax Lien Account
Tax Lien Certificate Account
Tax Reserve Fund
Town Clerk
General Fund
District #1 Water Fund
Capital Fund
and any other Town of I:4amaroneck accounts or
funds not specifically listed above.
Until default in the repayment of any such deposits , interest on
the securities deposited hereunder wahen collected will be paid to
the Bank. In the event of a default in the repayment of any such
deposits , the securities held hereunder or the proceeds thereof,
sufficient to cover the amount or amounts of such default in excess
of the amount insured by the Federal Government , will be turned over
to the Town Board of the Town of Mramaroneck and any balances then
remaining will be returned to the Bank.
-- As balances in the above mentioned accounts of the Tow,-,n Board of
the Town of Mamaroneck may be reduced the securities will be released
and as balances may be increased additional securities will be de-
posited to cover the same so that at all times such balances will
be secured to the full amount thereof in excess of the amount insured
by the Federal Government. Substitutions, withdrawals and additions
will be made only under advice to you. Securities deposited here-
under will consist only of bonds or certificates of the United
States , the State of New York or of any County, Town, City, Village
or School District of the State of New York which shall at all. times
be subject to the approval of the Town Board of the Town of Mamaroneck.
Very truly yours ,
/s/ Joseph. P. Hughes
President
The County Trust Company
Police Chief Paul A. Yerick presented his Annual Report
for the year 1947, which was ordered received and placed on file.
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Councilman McKeever reported that Town Engineer Foote
- has been advised by the State Department of Public Works, that the
Post War Plans submitted by the Town had been approved.
Councilman Mills presented and read the following
letter :
I
February 4, 1948
The Honorable Owen A. Mandeville
Town Council
Town of Mamaroneck
Gentlemen:
I
Please accept my sincere thanks for the leave of absence
v,hich you were kind enough to extend to me at last month ' s
- meeting.
After further consultations and re-consideration of finances
involved, I have decided to change my plans and not avail
myself of this privilege. I thierefore request that this
permission be nullified.
Sincerely yours ,
/s/ Michael J. Harrington
Councilman E?ills presented the following reports:
FIRE REPORT FOR JANUARY 1948
Jan. 6th. Box # 114. 4:40 P.M. 4: 50 P.M. Still alarm overheated
car motor no damage. Chief' s car firemen Yoll and
Mellor.
Jan.13th. Box #351. 2:00 P.1& 2:25 P.M. Still alarm live wire
lying on Villa Rd. no damage. Engine #3 fireman Moll.
Jan.16th. Boy: #f166. 6:10 P.fq. 6: 55 P.M. Still alarm oil burner
fire 24 Wildwood Pd. No. damage Engine #3 Chief Burton
Fireman Mellor.
Jan.18th. Box #351. 10:50 A.M. 11:05 A.M. Still alarm leaking
ice box 27 Villa Rd. No damage Engine #E3 Chief Burton
Fireman Moll.
Jan.24th. Box #''271. 7: 50 P.M. 8:40 P.M. Still alarm defective
chimney flue. 298 Rockland Ave. No damage Truck #2
Chief Burton, Fireman 11.ellor.
Jan.28th. Box #171. 1: 55 P.M. 2:10 P.M. Still alarm garbage in
hopper at Incinerator. No. damage. Engine #3 , Firemen
moll and Muller.
Jan.31st. Box #,1356. 2:02 A.M. 2:45 P.M. Full alarm fire located
at 50 Ridge Rd. New Rochelle. Extinguished by New
Rochelle Fire Department. Truck #'2 , Engine #2 , Patrol,
Chief Burton.
Total for month, 7 Still alarms; 1 full alarm
No dam.age by fire
Respectfully submitted ,
Chief George 7. Burton
FIRE INSPECTORS REPORT_FOR. JANTT?ARy 1948
Loval Inn No violations , condition good.
Avonmore Apts. Owner notified to place fire resisting material
over furnace , remove papers and boxes from
stairway on fifth floor and keep access door
from stairway to roof unlocked.
Sagamore Inn Owner requested to check wiring for overload,
condition good.
Crystal Shop 170 Post Rd. Owner notified to clean up cellar.
Post Lodge No violations , condition good.
Bonnie Briar No violations , condition good.
Winged Foot No violations , condition good.
Chatsworth
Gardens Apts. No violations , condition good.
Stonecrest No violations , condition good.
Larchmont Hills No violations , condition good.
Oakhaven Apts. Cellar cleaned up, condition good.
Arcade Owner notified to plaster up holes in cellar
ceiling, conditimns fair.
Gables Apts. No violations , condition good.
Alden House No violations , condition good.
Larchmont Acres Into violations , condition good.
Fire Inspector
George W. Burton
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Councilman Yills presented a list of claims for Fire De-
partment expenditures and stated that he had checked the bills and
recommended approval and payment.
The members of the Town Board sitting as the Board of Fire
Commissioners considered the claims and on: motion by Councilman Mills ,
seconded by Councilman Watson , it was , upon roll call, 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
same out of the budget for the Fire Departments
Russell Uniform Co. $1 ,194.00
A & A Automotive Co. 14.40
Y & N Nirenberg 58.17
The Portable Light Co. Inc. 10.22
Mamaroneck Plumbing Supply Inc. 3.72
Suburban Fuel Oil Service , Inc. 67.50
Merritt Kirchhoff 10.00
Excelsior Auto Repair & Mach. Works 35.00
Charles Conte 22.
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The Town Attorney presented the following resolution,
which was on motion by Councilman Embury, seconded by Councilman
59atson, upon roll call, unanimously adopted:
WHEREAS , heretofore writs of certiorari were obtained
by THE EMIGRANT INDUSTRIAL SAVINGS BANK, owner of
property described on the assessment map and assess-
went roll of the Town of P4amaroneck as follows:
Block Parcel Block Parcel
902 497 926 43
613 237 930 56
107 438 409 790
613 23 409 522
907 41 607 381
926 36 401 1
114 61
to review the assessments for the years 1.941 , 1942 ,
1943 and 1944 (taxes of 1942 , 19439 1944 and 1945) :
and
WHEREAS , the Assessor and Board. of Review of the
Town of Mamaroneck, duly filed returns to said writs;
and
WHEREAS , Stanley E. Anderson, Esq. , of Mount Frisco,
New York, was heretofore appointed to hear the testi-
mony and report his findings and conclusions to the
Court, and no further proceedings have been had; and
THEREAS , the Town Attorney and Assessor recommend to
- this Board that the proceedings be settled and dis-
continued upon the reduction of certain of the assess-
ments,
NOW, THEREFORE, BE IT
RESOLVED, that the assessments for the years 1941 ,1942 ,
1943 and 1944 (taxes of 1942 , 1943 , 1944 and 1945) upon
certain parcels of property owned by THE EMIGRANT IN-
DUSTRIAL SAVINGS BANK, be reduced as followse
Assessment of 1941. tax of 1942
FROM
Block Parcel Land Improvements Total
107 438 $ 7,500. 8 31,000. 838,500,
907 41 30,000. 32,000. 62,000.
902 497 129500. 13 ,000. 25,500.
613 237 139250. 4,000. 17,250•
114 61 8,100. 8,900. 179000.
TO
107 438 7,500. 27,500. 35,00C-
907 41 149000. 28,000. 42,000.
902 497 10,000. 109000. 209000.
613 237 6 ,000. 4,000. 10 ,000.
114 61 7,000. 79000. 14,000.