HomeMy WebLinkAbout1948_03_24 Town Board Minutes Assessment of 1942 , tax of 1941
FROM
Bloch Parcel Land Improvements Total
107 438 8 7,500. $ 32,400. $39 ,900.
902 497 129500. lO,oOO. 22 ,500.
613 237 16 ,000. 4,000. 20,000.
114 61 8,100. 8,900. 17,000.
TO
107 438 7,500. 27,500. 359000.
902 497 100000. 10,000. 20 ,000.
613 237 6 ,000. 4,000. 100000.
114 61 7,000. 7,000. 14,000.
provided the certiorari proceedings , now pending in
the name of THE EMIGRANT INDUSTRIAL BANK, covering j
property assessed on the assessment map of the Town
of Mamaroneck as follows :
Block Parcel Block Parcel Block Parcel Block Parcel
902 497 613 23 114 61 409 790
613 237 907 41 926 43 . 409 522
107 438 926 36 930 56 607 381
4C1 1
to review the assessments for the years 1941 , 1942,
1943 and 1944 (taxes of 1942 , 1943 , 1944 and 1945)
be discontinued without costs against either party;
--- FURTHER RESOLVED, that the Town Attorney is hereby
authorized and directed to sign the necessary stipu-
lation to obtain an order of the Supreme Court pro-
viding for such reduction and the refund of excess
taxes paid, if any.
The Town Attorney stated that it would be necessary to
engage a real estate expert in the matter of the certiorari pro-
ceedings brought by the owners of the Colony Apartments, and asked
the Board' s approval in the employment of Mr. Clarence C. Merritt.
Following discussion', it was on motion by Councilman Mills,
seconded by Councilman 77atson, upon roll call, unanimously
RESOLVED, that the Town Attorney be authorized to
hire 11r. Clarence C. Merritt as the Town' s expert
in the certiorari proceedings brought by the owners
of the Colony Apartments, at a cost not to exceed
$60o.
The Town Attorney stated that Mr. id. Halpern of the RIM-
cliff Realty Co. who was notified to appear at this meeting had
telephoned that because of the weather conditions he would not be
able to attend.
Councilman Mills reported that installation of the new
motor in the aerial truck had been completed and that the truck
was in service again.
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In appreciation for the wonderful service rendered by
the American La Fr=ance Company , the following resolution was on
motion by Councilman Mills , seconded by Councilman !"latson, unanimously
adopted:
77HEREAS , in 1940 , the American La France Foamite
Corporation sold to the Fire Department of the
Town of Mamaroneck, an aerial ladder truck, in
which was installed a 19C HP motor , and
WHERT.;AS , at that time it was the understanding
of the Fire Council that the aerial ladder truck
was to be equipped with a motor of sufficient
horse-power to give satisfactory performance ;
and
WHEREAS , in 1947, request was made to the American
LaFrance Foamite Corporation by the Fire Council ,
that a larger motor be installed , and the Town
Board thereupon requested the American LaFrance
Company to supply this without cost; and
WHEREAS , the American LaFrance Company did install.
a 204 HP motor at a great saving to the Town of
Mamaroneck,
1`;OW, THEREFORE , BE IT
RESOLVED, that this Board extends its thanks and
appreciation to the American LaFrance Foamite
Corporation for the services rendered to the
Town of Mamaroneck and its Fire Council in
connection with this matter;
FURTHER RESOLVED , that the Clerk be directed to
send a copy of this resolution to the American
LaFrance Foamite Corporation and to Mr. John J.
O'Mara , representative of the American LaFrance
Foamite Corporation, through whom this aerial
truck was originally purchased and who has aided
materially in obtaining this service.
There being no further business the Board adjourned at
9:45 P.-M. to meet on March 3 , 1948.
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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 Mills , seconded by Councilman
McKeever , the following resolution was unanimously adopted:
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WHEREAS , the Village of Mamaroneck through the
Institution of an action in the County Court of
-- Westchester County, entitled "In the Natter 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
WHEREAS , 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;
WHEREAS , the Village of Mamaroneck, has pursuant to
an agreement had with the Town of Mamaroneck adver-
tised 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
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
WHEREAS , since receipt of said bids this Board has
given consideration thereto, and after due deliberation,
it is
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RESOLVED , that the bids hereinafter listed be accepted
at the price and terms therein set forth:
LIST OF BIDS ACCEPTED IN SECTION 8
Total
Village Town Assessed
Block Lot Block Parcel Bidder Amount Valuation Terms
25 13 ,14 815 837 Frederick B. Bamber $ 500. $1500. Cash
(Br oker-?:rs.E.H.
Lebeis)
74 1 821 316 Catherine "talker 150. 500. Cash
(Broker-Joseph
S. Faillace)
REGULAR MEETING OF THE TOVIN BOARD, TOWN OF YAIi2ARC3PU=,
HELD MARCH 24, 1948
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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 7:30 P.IT. (Eastern Standard Titre) .
Present : Supervisor I:Randeville
Councilmen McKeever , Pills , Watson , Embu.ry
Absent ; None
The presence was also noted of Town Clerk Gronberg and
Town Attorney Delius.
The Supervisor brought to the attention of the members
of the Board certain practices in the Building Department , as to
the issuance of permits and the payment to the Supervisor of the I.
fees collected. He stated that upon inspecting some of the new
buildings under construction, it was found that no building permits
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had been issued and that the fees had not been included in the
regular monthly report,. He said he had questioned Mr. Ward regarding
this and Yr. Ward said that the practice of withholding fees collecte_
was done during the time Mr. Cowham was Building Inspector (Mr. Ward
served under Mr. Cowham) , in order to evenly spread the amount of
construction which had been done in one particular. month.
The Supervisor advised that at his request the Town
Accountants , Glick-Freedman, had checked Mr. Ward' s accounts and
found all the moneys accounted for.
Mr. lVard was invited to sit in at this meeting and explain
to the members of the Board just what had happened.
He said he was so busy doing outside work, and there was
so much of it , that the reason for the permits being issued late
was due to not being able to obtain from the builders , Moody , and
Lancia, the revised plans which they had promised to submit. He
said he hesitated to stop the work entirely, assuming every day
that the permits and original applications would be completed. The
original applications were partly completed , and the fees paid, but
the original permits never issued because the revised plans were not
completed and checked. These have since been completed.
The members of the Board , after discussing the matter,
decided that Saturday mornings should be devoted entirely to the
reviewing, studying end issuing of building permits.
The regular order of business was suspended in order to
hear those persons who wished to address the Board.
Mrs. Edward P. Helwig , President of the PTA Council ,
j Yr. Charles !,Ta.rren, Director of Summer Recreation, together with
members of the Larchmont-Mamaroneck P. T.A. appeared before the
meeting.
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Pars. Helwig stated that the purpose of their visit was
to learn what plans the Town Board has in connection with the report
of the Joint Fact Finding Committee.
The Supervisor stated that a great deal of thought and
study was given to recreation by some of the good citizens of the
Town and its officials. He said he was present at several meetings
which were attended by various recreational executives from the
County and State as well. In his opinion, there were no definite
plans for recreation outlined at these meetings.
The Supervisor called upon Councilman Watson as the
Town' s representative on the Recreation Committee.
Councilman vTatson said that the Report , as he sees it ,
leaves several options to the discretion of the Board. He pointed
out that the various recreation programs in the Town are functioning
pretty well now and should not be disturbed. The question seems to
be what additional program is needed in addition to the present
activities. In his opinion, the School Board should be designated
as the Recreation Commission and all activities should be under
their direction. He pointed out that the school has the trained
personnel for proper supervision. He said the main problem is
supervision and the second is facilities. The question is what
additional recreation is needed and when this is thoroughly justified ,
to work out something along those lines.
Mr. Warren stated that not only is there the need for the
existing recreation, but an extension to take care of teen-agers
at night. He pointed out there is no recreation for children in
the Larchmont Woods section.
- The Supervisor made the suggestion that if this matter
is to he revived, and the Board- is to consider that this is the
proper thing and the funds are to be included in the budget , that
it be presented to the people on the ballot next Fall, and let them
decide whether they want it or not. Because of the next General
Election , a great majority of the people will come out and they
will have every opportunity to indicate their wishes.
Mrs. Helwig said that many were opposed to recreation
when it was first presented , because there was no limit placed on
the amount to be appropriated. She recalled that there was con-
siderable comment as to whether the appropriation should be placed
in the school budget , or the Town' s.
The Supervisor said that every one feels that all kinds
of recreation for vouths should be maintained , but that supervision,
if not properly applied , can be the success or defeat of any program.
Unless it gets off with a good start and an efficient manner of
operation, it could result in a very discouraging affair. From
experiences he has had with Town matters , it is a, matter of great
concern to operate the various Departments , without conducting
another one which could result in something that no one wants.
Councilman Embury suggested that if this is to be placed
on the ballot , those interested in the program should start now
- in giving it plenty of publicity.
The Supervisor stated that the Town Board will be very
happy to cooperate in every way to give the people all the recreation
they w ant , if that is what they want , in spite of the cost.
It was agreed that a study should be made of the actual
need for additional recreation and its cost , so that it can be
presented to the voters next Fall.
A delegation from the Larchmont Ridge section of the
Town appeared to protest to the development taking place on Avon
Road as not being planned in keeping with the type of homes in that
area ,and to protest to any appropriation as may be asked of the Town
Board for this proposed development.
The Supervisor stated that through some association,
Mr. C. Van Buren is connected with this project. He said that Mr.
Van Buren was to appear before the Board for the purpose of requesting
the Town to pay for the cost of paving a road which they intend to
build through the property.
The Supervisor informed the group that in the past the
Town, in an effort to increase the tax base , has indicated its
willingness to pave streets in a development , in one or two cases.
He pointed this out so that they would know that what Mr. Van Buren
may ask the Town, to do is something that the Town Board has already
consented to do for other developers. He emphasized, however , that
each application for such action by the Town was considered on its
own merits, depending upon all the facts which the Town Board had
available at the time.
The Town Attorney reported that he had investigated the
deed restrictions of the property and found that they had been
modified to the extent that it appeared all restrictions may have
been abolished. He said that the house under construction meets
the minimum requirements of the zoning and building codes of the Town.
After considerable discussion, led by their spokesman,
Mr. Maxwell Miller, it was decided that nothing could be done regard-
ing the present dwelling , because it conformed to all the codes of
the Town of Iiamaroneck.
The Supervisor suggested that a committee of at least two
members of the group be appointed to meet with the Town Attorney and
members of the Board , in an endeavor to find out what , if possible ,
could be done to see that future building in that area shall conform
to the surrounding homes. He assured them that the members of the
Board would cooperate in every way possible to bring about the
desired results.
Among those who voiced themselves were :
Messrs. Maxwell Miller F. White
J.T. Sharbaugh Platt 17iggins
R. Fish R. Haston, Jr.
L. Dodson J.B. Ifforris
L.S. Sparrel F. Hagaman
Mr. C. Van Buren was not present at the meeting.
The Supervisor suggested that the meeting proceed with
the regular order of business.
The minutes of March 3 , 1948, were approved as presented.
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A letter dated T.Rarch 12 , 1948, was received from American
La France-Foamite Corporation, expressing their appreciation for the
resolution adopted by the Town Board at a meeting held February 4,
1948.
The letter was ordered placed on file.
A letter dated March 16, 1948, was received from Henry R.
Dillon, Receiver of Taxes , requesting that his office be authorized
to cancel tax in the amount of $4.90 against Block 908, Parcel 281,
tax of 1876. , He pointed out that this tar, should never have been
brought forward in the present arrears books for the reason that
the word "compromise" only confuses and no one seems to know just
what was meant by it.
On motion by Councilman Mills , seconded by Councilman
",mbury , it was , upon roll call , unanimously
RESOLVED, that the Receiver of Taxes be and he
hereby is authorized to cancel the tax lien in
the amount of $4.90 on Block 908, Parcel 281 ,
for the tax year 1876 , sale of 1877.
A letter of resignation was received from Mr. Edward Proch ,
effective as of March 31 , 1948.
On motion by Councilman Watson, seconded by Councilman
YcKeever , it was, unanimously
RESOLVED, that the resignation of Edward Proch,
Senior Engineering Aid, effective as of March 31 ,
1948 , be accepted with regret , and that he be
--- granted two weeks terminal vacation leave with
pay.
A letter dated March 16 , 1948, was received from Police
Chief Yerick, advising that Mr. John W. Potts has resigned from
his position of Custodian, as of March 31 , 1948.
On motion by Councilman Embury, seconded by Councilman
Watson, it was , unanimously
RESOLVED, that the resignation of John '9. Potts ,
Custodian of the Town of Mamaroneck Police Depart-
ment , to take effect March 31 , 1948, be accepted
with regret.
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.
On motion by Councilman Watson, seconded by Councilman
Lmbury, the following resolution was, upon roll call , unanimously
adopted:
WHEREAS , the Assessor has presented petitions for
the correction of the assessment roll for certain
years pursuant to the provisions of Section 33 of
Chapter 105 of the Laws of 1916, as amended, known
as the Westchester County Tax Act; and
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WHEREAS , after due consideration this Board finds
it desirable to grant said petitions for the cor-
rection of said assessment roll;
NOW, THEREFORE , BE IT
RESOLVED, that the assessment roll of 1947, taxes
of 1948 , which shows property now appearing on the
roll as follows:
Section Block Lot Owner Land Imp,. Total
2 17 10.49 ac.
(210-789)
(211-333) Highridge Realty Co. $181400. $159250.$33 :650.
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot Owner Land Imo. Total
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2 17 .226 ac. Cornelius Van Buren&!? $ 2 ,900. f� 2 ,900.
(211-690)
2 17 10.264 ac. Highridge Realty. co. 815,500. $15.250.$30 ,750.
(210-789)
(211-333) j
FURTHER RESOLVED, that the assessment roll of 1947,
taffies of 1948, which shows property now appearing
on the roll as follows:
---
Section Block Lot_ Owner Land Only
6 37 9A, IOB to
128 , 13A, 14A
(610-144) 15 & 16 Village of Larchmont $4,200.
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot Owner Land Only
6 37 14A , 15 & 16
(610-144) Village of Larchmont $2 ,350.
6 37 9A , 10B, 11B,
(610-258) 12B, 13A Village of Larchmont $1 ,850.
FURTHER RESOLVED , that the assessment roll of 1947,
taxes of 1948, which shows property now appearing
on the roll as follows:
Section Block Lot Owner Land Only
8 22 7 to 10
(812-37) Louis Y. Fribourg $2 ,500.
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33:
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Section Block Lot Owner Land Only
8 22 7A to 10A
(812-40) Samuel R. Kurzman 82,075.
8 22 7B to IOB
(812-37) Louis Id. Fribourg 425.
Councilman Embury reported that the Park Department had
sent out three requests for bids , as suggested at the last meeting,
for the erection of a new flagpole in Station Park. He said the
contract was awarded to the Ameridan Mast & Spar Corp. Also, that
it is expected the work on the Memorial and the new flagpole would
be completed by Memorial Day.
The Supervisor presented requests from the Village of
Mamaroneck for Town Board approval of the sales of properties ac-
quired by the Village in its foreclosure proceeding In Rem.
Upon motion by Councilman Embury, seconded by Councilman
McKeever , the following resolution was unanimously adopted:
WHEREAS , the Village of Mamaroneck throught 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
WHEREAS
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
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 Village of Mamaroneck, has pursuant to
an agreement had with the Town of Mamaroneck adver-
tised 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
7HEREAS , 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
WHEREAS , since receipt of said bids this Board has
— given consideration thereto, and after due deliberation,
it is
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RESOLVED, that the bids hereinafter listed be
accepted at the price and terms therein set forth:
LIST OFF BIDS ACCEPTED IN SECTION 8
Village Town Total
Assessed
Block Lot B1oc7_Parcel Bidder Amount Valuation Terms
105 5,6 827 305 John Daily $ 60. 8 250. Cash
64 14 ,159 802 129 Nancy DiFrancesco 650. 2,400. Cash
16 ,17 (John A. Fazio,
Attorney)
The Supervisor presented a letter dated Tlarch 12 , 1948,
from the Board of Education , Union, Free School District No'. 1 , re-
questing the Town to borrow the balance of the unpaid school taxes
for the school year 1947-1948. He also presented a certificate from
the Receiver of Taxes stating that the amount of taxes remaining
unpaid as of 14arch 1 , 1948 for School District #1 is $4C ,458.86 and
School District �2 is $682.88. He said it was estimated that $40 ,305.96
should be borrowed. I
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Councilman hills introduced the following resolution:
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RESOLUTION AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION NOTE
OF THE TOWN OF MAEIARONECK IN AMOUNT NOT EXCEEDIN?G $40, 305.96 IN
ANTICIPATION OF THE COLLECTION OF UNPAID SCHOOL TAXES FOR THE FISCAL
YEAR JULY 1 , 1947 TO JUNE 30, 1948. 1
RESOLVED BY THE TOWN BOARD OF THP TOP!N OF MAMARONFCK IN THE
COUNTY OF NIESTCHESTER, STATE OF NET! YORK, AS FOLLOWS: j
Section 1. In anticipation of the receipt of the unpaid
school taxes for the fiscal year beginning July 1, 1947 and ending
June 30 , 1948 and for the purpose of providing moneys to pay to the
Treasurers of Union Free School District No. 1 and School District
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 $40 ,305.96 pursuant
to Section 31 of Chapter 105 of the Laws of 1916 of the State of
New York, as amended and pursuant to Section 24.00 of the Loral
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 in School District No. 1 is $1,275,077; School District
No. 2 - $16 ,684.61;
(b) The total amount of said taxes due and unpaid is : School
District No. 1 - $39 ,623.14; School District No. 2 - 8682.82;
(c) The total amount heretofore borrowed and outstanding in
anticipation of the collection of said taxes is none.
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Section 3. The note issued under this resolution shall
be dated April 1 , 1948 and shall mature on September 1 , 1948
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 natters 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.
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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 pro-
vided in Section 32 of Chapter 105 of the Laws of 1916 as amended.
Section 6. The faith and credit of the Torn of fliamaroneck
are hereby pledged for the punctual payment of the principal of
and interest on said note and unless otherwise paid or payment
provided for , taxes shall be levied on all of the taxable property
in said Town in an amount sufficient to pay said principal and y
interest.
The foregoing resolution was seconded by Councilman Embury
and adopted by the following vote:
AYES: Supervisor Mandeville
Councilman McKeever , f!lills ,
Watson, Embury
NOES: None
The Supervisor read a letter dated Larch 1948 , from the
Mamaroneck Health Center , Inc . advising that Mrs. iathrym lacy Dolan
was engaged by the Mamaroneck Health Center, effective as of March
1, 1948.
On motion by Councilman Embury, seconded by Councilman
McKeever , it was , upon roll call, unanimously
RESOLVED, that Mrs. Kathryn, Nary Dolan be end
she hereby is appointed as Public Health Nurse ,
Part Time , by the Town of Mamaroneck' at an
annual salary of $1 ,200. effective P.3arch 19 1948.
On motion by Councilman Tatson, seconded by Councilman
Embury, it was , unanimously
RESOLVED, that Cornelius Quinn be and he hereby
is re-appointed as a member of the Board of Appeals
for Zoning to serve far the tern beginning February
19 , 1948 and ending February 19, 1953.
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The Supervisor presented each member of the Board with a
copy of memoranda or properties foreclosed under In Rem, compiled
as of larch 24, 1948.
On motion by Councilman Watson, seconded by Councilman
bmbury , it was unanimously decided to hold the next public auction
for In Rem properties on April 19, 1948 at 8:15 P.Y. at the Weaver
Street Fire House .
The Supervisor reported that due to the fact the Westchester
Lighting Company has been endeavoring to sell its lighting equipment
in the unincorporated section to the Town, the present street light-
ing contract has not been renewed. Because of this , it is now the
Town' s obligation to pay for the light and its installation at the
entrance to Elkan Park.
The Supervisor reported that the cost of completing the
shoulders on Elkan Road at the curbs would amount to approximately
$250. , plus the cost of the necessary top soil and that it was
anticipated this would be completed in the very near future.
On motion by Councilman McKeever , seconded by Councilman
Embury, the following resolution was , upon roll call. , unanimously
adopted:
U'HEREAS , Berne Construction Co. Inc. heretofore and
on January 12, 1948 , submitted to this Board a pro-
posal for the construction of a minimum of 15 houses ,
upon plots or lots shown on a certain subdivision
map entitled "Section 1 , Subdivision ITa.p of Murdock
?Foods , Property of Teresa Berne , Town of Mamaroneck,
Westchester County, New York" , made by Guy Vroman,
- Civil Engineer , Mamaroneck, New York, dated December
27, 1947, which subdivision reap has been filed in the
Register ' s Office as Llap T?o. 6528; and
WHEREAS , in said prorosal , the Berne Construction Co.
Inc. agrees to arrange for the installation of water
mains and hydrants upon the customary plan of depositing
the amount of the cost thereof with the Westchester
Joint Tater Works , subject to receiving a rebate from
the water rents collected over a period of 10 years;
to bring the roads to sub-grade ; to provide gas and
electricity by private arrangement with the Westchester
Lighting Company; and to provide approved sewerage dis-
posal systems;
wHERFAS , the said subdivision map shows a street or
road known as Murdock Road , 50 feet wide ; and
7HEREAS , this Board has expressed its willingness to
cooperate and to pave the said Murdock Road to the
extent necessary to furnish access to the 15 houses
to be constructed , or so many of them as are con-
- strutted,
NOW, THEREFORE , BE IT
RESOLVED, that the Town of i"amaroneck will accept by
dedication deed or release , the land lying within the
bed of Murdock Road from its intersection with Griffen
Avenue , to a point not exceeding 1 ,600 lineal feet from
Griffen Avenue and will pave such street to a width of
25 feet with 18 inch gutters on each side , provided,
however:
(a) That no such dedication shall be accepted
and no paving commenced until the portion of Iurdock
Road to be paved, has a sub-grade approved by the Town
Engineer ;
(b) That gas , electricity and water service have
been installed;
(c) That sewerage disposal systems have been
constructed and approved by the Building Inspector
of the Town of Mamaroneck and by the Westchester County
Department of Health;
(d) That houses have been or are in process of
being constructed , which require access over PcTurdock
Road; and
FURTHER RESOLVED, that if Berne Construction Co. Inc.
does not construct houses for the full distance of
1 ,600 lineal feet from Griffen Avenue , the Town of
fl4amaroneck shall be required , in connection with this
proposition to pave only such part of Murdock Road
as is required to give access to such houses as Berne
Construction Co. Inc. does construct.
The Town Attorney submitted a proposed agreement between
Westchester Joint ;later Works , No. 1 , Berne Construction Co. Inc.
and Town of Mamaroneck, for the installation of water mains to
supply water to the property owned by Berne Construction Co. Inc.
on the easterly side of Griffen Avenue , known as Murdock !"7oods,
and stated that the agreement had been approved by the Westchester
Joint "later Works.
Upon motion made by Councilman McKeever, and seconded
by Councilman Mills , the Supervisor was authorized to sign, on
behalf of the Town of Mamaroneck, the following agreement , for
the supply of water to the property:
THIS AGREEMENT made this day of 1948 , between
WESTCHESTER JOINT ?'CATER WORKS N0. 1, a public corporation organized
under the laws of the State of New York, with its principal place
of business at 12C Halstead Avenue , Mamaroneck, New York, hereinafter
called the "Water works" , BERME CONSTRUCTION 00. INC . , a corporation
organized under the laws of the State of New York, with its principal
place of business at 14 Mamaroneck Avenue, white Plains , New York,
hereinafter called the "Customer" , and the T077N OF MA AROTTECK, a
municipal corporation of Westchester County, New York, hereinafter
called the "town" ,
WIThTESSETH, THAT:
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WHEREAS , the Customer has requested the "later ?"forks to
lay and maintain approximately 1,200 lineal feet of 6" water main
with hydrants and appurtenances for the purpose of supplying water
to a part of the real property development of the Customer known
as Section 1, Subdivision of Murdock Woods , in the Town of Mamaroneck,
and the Water Works with the approval and authorization of the Town
is willing to comply with said request upon the terms hereinafter
set forth ,
NOyI , THEREFORE , in consideration of the mutual covenants
and agreements hereinafter set forth, the parties hereto do mutually
agree, one with the other, as follows:
1. The Water Works will furnish the pipe , hydrants and
other appurtenances as required by it , and will lay , install and
connect a 6" water main , or at the option of the Town or the Mater
Works a 81' water main, in accordance with such specifications as
the ;"later Works deems adequate , from the end of the existing water
main in Murdock Road, which main connects with a main of the Village
of Scarsdale water supply in Griffin Avenue , to a point opposite
Lot. No. 15 on said Murdock Road, as shown on a certain map en-
titled "Section One , Subdivision Map of Murdock Moods, Property
of Theresa Berne , Town of 11amaroneck, Westchester Co. , N.Y. " made
by Guy Vroman, C.E. , dated December 27, 1947, and filed in the Office
of the Clerk of the County of Westchester , Division of Land Records ,
on February , 1948 , as Map No, substantially as superimposed
upon blueprint of said map on file in the office of the Superintendent
of the "later Works.
2. The ?Plater forks shall maintain said water mains and
furnish water through the same for the use of the Customer , its
successors and assigns , and the owners and occupants of property
fronting on said water mains , subject nevertheless to all the pro-
visions of Chapter 654 of the Laws of 1927 as amended and to all of
the rules and regulations of the Plater Works now or hereafter in
effect , and at the rates now or hereafter regularly effective as
to the sale of water in that portion of the Town of f+amaroneck
supplied by the water `forks. All charges for said water service
shall be payable to and collected by the dater !'forks.
3. The Customer has simultaneously with the execution and
delivery hereof paid to the `"later Works the sum of 88,629.11 , the
receipt of which is hereby acknowledged, the said sum being the
estimated cost to the dater Works of furnishing and installing
said water main and appurtenances. Upon completion of the in-
stallation of said water main, the mater ?'forks will present to
the Customer a statement showing the actual cost of furnishing and
installing the same plus 15% for overhead and incidental supplies ,
and if said cost plus 15;2' exceeds the sum of X8,629. 11 then the
Customer shall pay the Water Works an additional amount sufficient
to equal the excess of the actual cost over the estimated cost. If
the actual cost of furnishing and installing said water main shall
be less than the amount of $8,629.11 , then the Water Works shall
repay to the Customer the difference between the actual cost and
said sum of $8,629.11. Thereafter the Water ?forks shall repay to
the Customer annually an amount equal to 90% of all the receipts
received by the "later corks during the previous calendar year from
the sale of water (not including hydrant rental) through service
connections directly made with the water main herein provided for ,
until such time as the amount paid by the Customer to cover the cost
of the installation shall have been refunded to the Customer in full ,
except that in no event shall the Customer be entitled to any refunds
for any period of time after ten years from the date hereof. No
such refunds shall be due and payable except upon presentation of
claim in due form demanding payment of the same , and in no event
shall the Customer be entitled to the repayment of more than the
amount paid.
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4. Monies paid by the Customer to the Water Works as
herein provided shall not be considered a deposit or trust fund
requiring segregation from the general funds of the Water ?"forks
and in no event shall any interest be paid by the Dater Works to
the Customer with respect to the payment thereof.
5. The Water Works shall have the right to extend the water
main installed under this agreement , connect thereto, renew and
enlarge the same without in anywise altering the obligations of
the parties hereto and said water mains shall be the property of
the Water '"forks , its successors and assigns forever.
6. In the event that the parties hereto shall desire to
further extend said water main into the property of the Customer
and they shall agree so to do, all the terms and provisions hereof
shall govern such further work upon a deposit being made by the
Customer with the 'later Works covering the estimated cost of such
an additional or further extension. It is understood and agreed ,
however, that there is no obligation upon the Water Works or the
Town to accept such additional obligation.
7. The Town approves and consents to the arrangement
herein made between the Customer and the dater Works and agrees
that the refunds to be paid the Customer as hereinbefore provided,
when paid by the Water Works , shall be charged to the Town by the
Water Works and deducted from operating revenue payments payable
to the Town by the Water Works.
8. This agreement is subject to approval by the New
York State Water Power Control Commission of the taking of water
by the Water Works from the Village of Scarsdale for resale to its
customers and to the making of a satisfactory arrangement by the
Water Works and/or the Town with the Village of Scarsdale for con-
nection with the Scarsdale water supply and the purchase of water
.from the Village of Scarsdale and the resale thereof by the ;dater
Works.
9. In the event that by agreement between the Customer
and the Water Works it is determined that the Customer shall provide
the necessary trenches for the laying of the pipe as required by the
Water Works and backfill the trenches after laying the pipe , the
Water Works will return to the Customer u mer the estimated
cost of such
work and the Customer will be entitled to the refund of the actual
cost of such work in addition to the cost of the materials supplied
and work done by the Water Works, but not in excess of the actual
cost thereof or the sum of whichever is less.
10. This agreement shall be binding upon the parties
hereto, their successors and assigns.
IN WITNhSS 71HEREOF, the parties hereto have caused this
agreement to be duly executed the day and year first above written.
WESTCHFSTER JOINT WATER WORKS NO. 1
Attest ;
By _ _ Tm._a
Chairm __
n, Board of Trustees
BERNE CONSTRUCTION CO. , I11C.
Attest :
By
President
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TOWN OF MAMARONECK
Attest:
® BV
Town Clerk ��� Supervisor
STATE OF NEV! YORK )
COUNITY OF 7TSTCHESTER ) ss. :
On this day of , 1948, before me personally
came Owen A. Mandeville , to me known, who, being by me duly sworn,
did depose and say that he resides in the Town of Mamaroneck,
71estchester County , New York; that he is the Chairman of the Board
of Trustees of Westchester Joint dater "!orks No. 1 , the corporation
described in and which executed the foregoing instrument: that he
knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by re-
solution of the Board of Trustees of said corporation; and that he
executed the said instrument pursuant to the resolution adopted by
the Board of Trustees of the said corporation.
STATE OF NE[!) YORK )
COUNTY OF 77ESTCHESTER ) ss. :
On this day of 1948, before me personally
came Ira Berne , to me known, who, being by me duly sworn, did depose
and say that he resides in Testchester County,
-- New York; that he is the President of Berne Construction Co. Inc. ,
the corporation described in and which executed the foregoing
instrument ; that he knows the seal of said corporation; /that the
seal affixed to said corporation;) that the seal affixed to said
instrument is such corporate sear; that it was so affixed by order
of the Board of Directors of said corporation; and that he signed
his name thereto by like order.
STATE OF NEW YORK )
COUNTY OF WESTCHESTER ) ss. :
On this day of 1948, before me personally
came Owen A. Mandeville, to me known, who, ,being by me duly sworn,
did depose and say that he resides in the Town of Mamaroneck, West-
chester County , New York; that he is the Supervisor of the Town of
Mamaroneck, the corporation described in and which executed the fore-
going instrument ; that he knows the seal of said corporation; that
the seal affixed to said instrument is such corporate seal; that it
was so affixed by resolution of the Town Board of said corporation;
and that he signed his name thereto by like order.
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The following resolution was on motion by Councilman
Watson , seconded by Councilman McKeever , upon roll call, unanimously
adopted :
WHEREAS , Carnoy Construction Company, heretofore and on
March 2, 1948, submitted to this Board a proposal for the construction
of three (3) houses upon plots or lots shown as Lots 1 , 2 and 5 on
a certain subdivision map entitled, "Map of Larchmont Ridge , Portion
of Section 8 and Section 10 , Property of Larchmont-Fenimore Corporation,
Town of Mamaroneck, Westchester County, New York" , made by A.J. Foote ,
Surveyor , dated January 24, 1948 and filed in the office of the
County Clerk, Division of Land Records , as Map Noe 652°7, on February
13 , 1948; and
WHEREAS , in said proposal , Carnoy Construction Company
agrees to arrange for the installation of water mains and hydrants
upon the customary plan of depositing the amount of the cost thereof,
with the Westchester Joint Tater Forks , subject to receiving a rebate
from water rents collected over a period of 10 years; to bring the
roads to sub-grade; to provide gas and electricity by private arrange-
ment with the Westchester Lighting Company; and to provide approved
sewerage disposal systems; and
WHEREAS , the said subdivision map shows streets or roads
known as Durham and Yorke Roads , each 50 feet wide; and
WHEREAS , this Board has expressed its willingness to
L cooperate and to pave the said Durham and Yorke Roads to the extent
necessary to furnish access to the three (3) houses to be constructed,
or so many of them as are constructed,
NOW, THEREFORE , BE IT
RESOLVED, that the Town of Mamaroneck will accept by
dedication deed or release , the land lying within the bed of Durham
and Yorke Roads as shown on said subdivision map, and will pave such
streets to a width of 25 feet , with 18 inch gutters on both sides ,
for a total of 610 lineal feet , provided:
(1) That no such dedication shall be accepted and no
paving commenced until the portion of Durham and Yorke
Roads to be paved , have a sub-grade approved by the
Town Engineer ;
(2) That gas , electricity and water service have been
installed;
(3) That sewerage disposal systems have been con-
structed and approved by the Building Inspector of the
Town of Mamaroneck, and by the Westchester County Depart-
ment of Health;
(4) That houses have been or are in process of being
constructed, which require access over Durham and Yorke
Roads.
FURTHER RESOLVED, that if Carnoy Construction Company
does not construct houses for the full distance of 610 lineal feet ,
the Town of Mamaroneck shall be required , in connection with this
proposition, to pave only such part of Durham and York Roads as
is required to give access to such houses as Carnoy Construction
Company does construct.
FURTHER RESOLVED , that the Town shall be limited to
an expenditure of 82,400. for such paving and if the estimated
cost of such paving, at the time it is contracted for , exceeds
$29400. , Carnoy Construction Company shall be required to deposit
an amount sufficient to meet the cost in excess of 82 ,400. before
such work is undertaken.
On motion by Councilman McKeever , seconded by Councilman
Mills , the following resolution was upon roll call , unanimously
adopted:
WHEREAS, Carnoy Construction Company heretofore and
on March 2 , 1948, submitted to this Board a proposal
for the construction of five (5) houses , upon plots
or lots fronting on Lafayette Road as the same appears
upon a map entitled , "Map of Larchmont Hills in the
Town of Mamaroneck, Westchester Co. , N.Y. , Subdivisions
2 and 3", made by L.E. Van Etten, Engineer , May 3 ,
1926 and filed in the office of the Register of West-
chester County , July 30, 1927, as Map No. 3191 ; and
WHEREAS , in said proposal, Carnoy Construction Company
agrees to arrange for the installation of gas and
electricity by agreements with the Westchester Lighting
Company; for the installation of water in accordance
with the usual plan of depositing the cost thereof,
subject to rebate from water rents received over a
period of 10 years; and to provide sanitary sewers
and drainage as required by the Town Engineer and by
any other County or State authority, having jurisdiction;
and
WHEREAS , the said subdivision map shows the street known
as Lafayette Road having a width of 50 feet; and
WHEREAS , this Board has expressed its willingness to
cooperate and to pave the said Lafayette Road to the
extent necessary= to furnish access to the five houses
which are to be constructed , or so many of them as are
constructed ,
NOW, THEREFORE , BE IT
RESOLVED, that the Town hereby accepts the said road
known as Lafayette Road , as shown on map entitled "Map
of Larchmont Hills in the Town of Yamaroneck, Westchester
Co. , N.Y. , subdivisions 2 and 3" , made by L.E. Van Etten,
Engineer , May 3 , 1926 and filed in the office of the
Register of Tkestchester County, July 30 , 1927, as I„Tap
No. 3191 , for a distance of approximately 460 feet from
Madison Avenue and will pave such street to a width of
25 feet with 18 inch gutters on both sides for a total
of 00 lineal a1 feet , from the end of the present pavement ,
provided:
(1) That gas , electricity and water service have
been installed;
(2) That sewerage disposal systems have been con-
structed and approved by the Building Inspector of the
Town of Iyamar. oneck, and by the Westchester County Depart-
ment of Health;
k