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HomeMy WebLinkAbout1949_04_20 Town Board Minutes 66t MINUTES OF A REGUT,AR ti ;TIFIG OF TT-TM TU71T BOARD OF TH] TO'':'TT OF IVITARO- PE'CK, HELD APRIL 20th , 1949 , ITp' TFE COUT?CIL ROOT" OF "OFF TAV`F STREET FIRE HOIISF . PRESEITT . Supervisor I7andeville Councilmen. Embury, Watson,, I?ills and. T=cKeever ABSEP`T. None Supervisor ISandeville called the meeting to order at 8.15 P. M. (Eastern Standard Time) . - I A letter dated April 20th , 1949 was received. from Chief Paul A. Yerick, relative to the rubbish situation in the TTnincornoreted Section of the To7rrn. The Torn C leek seas instructed to acknowledge the letter crith thanks . The To?^.m Clerk reported that he had a request from the Board of Education for the use of the voting-; nac',ine for their annual election. On motion made by Councilman !:Tills , seconded by Councilman Watson , it was unanimously RESOLVED that the request of the Board of Education be granted and that they be ;permitted the use of one voting machine for their annual election. The report of the Westchester Shore Humane Society for I7arch , 1949 was ordered_ received and placed on file. Councilman VTatson presented petitions received from the Assessor for the correction of the assessment roll so as to nerrait the apportionment of taxes. On motion by Councilman `iatson , seconded by Councilman Embury , the - follov,'ing resolution 7,vas , upon roll call , unanimously adopted. wHERZ,'AS , the Assessor has presented petitions for the correction of the assessment roll for certain gears , pursuant to the _provisions of Section 557 , Article 16 of the Westchester County Administrative Code , known as the Westchester County Tax Law, and ?iiT-^R'3AS , after due consideration , this Board hinds it desirable to grant said petitions for the correction of said assessment roll. , TF RRFC'RT- g B' I7' RE50T,VED that the assess,,Tnent roll of 1948 , taxes of 1949 , which shows property now appearing on the roll as follows . Sec,,._Blk_ Lot IT me. Land Inp.Total. 1 14 31 to 34 A. L. Buffington 49000 11 ,000 159000 (111-26) & C',`. be corrected as follovas , in accordance rvit'_h the provisions of subdivision 5 of Section 5570 Sec,. Blk. Lot Narne Land Immn. Total 1 14 31 & 32 A. L. Buffington 2 ,200 11,000 13 ,200 (111-26) & C7. 1 14 33 & 34 A. L. Buffington 1 , 800 -- 19800 (111-31) J 6631 FURTz7ER PISOLVED that the assessment roll of 1948 , taxes of 1949, which shows property now appearing on the roll as follows- Sec. Blk Lot Name Land Imp. Total 4 16 18B & 19A Ha.riner Realty Co, fi35500 -- 3 , 500 (404-85) Inc. be corrected as follows , in accordance -rith the - provisions of subdivision 5 of Section 557: Sec ®„Bik® Lot Name Land Ir” . Tota,7_ 4 16 19B (404-85) 1ari-mer Realty Co. Inc, 19500 -° 1,500 4 16 .19B (404-92) Yarimer Realty Co, Inc. 1,500 -- 1,500 4 16 19A (404-267) Frances LT Tine & xi s. 500 -- 500 FTJPT [T" RESOLVED that the assessment roll of 1948 , taxes of 1949 , Trhich shows property now apT-earing on the roll as follows: Sec,, .,B,lx Tot Name Land IM32. Total 8 76 1K3 Sheldrake Glen (801-328) B1d.rs. ,Inc. 825 -- 825 be corrected as follows , in accordance 7.-ith the provisions of subdivision 5 of Section 557:. Sec. B1a L,ot. Fume Land Inn. Total 8 76 1K3 Anthony P. Testa 415 ®_ 415 (801-328) 8 76 1K4- 17m. C. Konrath & 1,11. 410 -- 410 (801-332) FURT"[PR RESOLVED that the assessment roll of 1948, taxes of 1949 , which shows property now apreaTing on the roll as follows: Sec.®.__Bh Lot. Name Land InrD. Total 8 102 30 to 33 Christina Di Falco 4,000 1 ,750 5,750 (824-141) be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Secm _ Btk, Lot, Name Land Imp. Total 8 102 ?OA to 33A Christina Di Falco 3 ,200 1 ,750 4,950 (824-141) 8 102 30B to 33B Frito , N. Y. ,Inc. 800 -- 800 (824-151) _ FURTHER RESOLVED that the assessment roll of 1948 , to les of 1949 , 7, ich shows pro-oert7T now arpearing on the roll as follows' Sec. -Lot T acne Land. Lm L). Total. 8 13B 13B Fred_ E . Landman 5,600 -- 5,600 (809-19) & 1. J 665 be corrected as follows , in accordance With the provisions of subdivision 5 of Section 557: Sec. _B1y Lot Name Land Im ® Total 8 13B 13C Herbert r, ® 77arnk $ 330 330 (809-32) & W. 8 13B 13B Fred E . Landman 5,270 -- 5,270 (809-19) & W. FURTHER RESOLVED that the assessment roll of 1948, taxes of 1949 , which shows property now appeasing on the roll as followsa Sec. Elk. ,Lot Name Land Imp,. Total 9 11 11 (901-435)Angelira Pizzimenti 19000 109000 11,000 be corrected as follo—s , in accordance with the provisions of subdivision 5 of Section 557: Sec.._Blk .Lot, Name Land Irup® Total 9 11 11A Angelina Pizzimenti 450 4,750 5,200 (901-405) 9 11 11B Crescenzo Germani 550 5,250 5,800 (901-412) FTURTHER RESOLVED that the assessment roll of 19489 taxes of 1949 , which shows property no*ri appeasing on the roll as follows: Sec. Blk, Lot Name Land IaD. Total 9 40 22 Aliose " . Doern 6 ,200 5=000 11,200 (908-149) be corrected as follo�,? s , in accordance with the provisions of subdivision 5 of Section 557: Sec,,,, fllk,_ Lot Name Land, Imn< Tota.1 9 40 22D Anthony Linares 2 ,400 4,900 7,300 (908-169) 9 40 22A Aloise E. Doern 39800 100 3 ,900 (908-149) Councilman Embury stated he had nothing to report for his departments. Councilman IicIeever stated he had nothing to report for his departments, ' On motion made by Councilman P.Tills9 seconded. by Councilman Fmbury , it was unanimously RESOLVED that the bid of Otto Scheuble in the amount of 880® for machine-sanding and finishing tTo stair- t=�ays , includir_g all landings , in the Weaver Street Fire House , be and it hereby is accepted. Councilman tdiills submitted the following reports IT�SP'7CTOR!S_REPCRTFOR_?T'_ CHs..1949 Insignia to denote ,,ater and gas shut-offs installed on apartments as directed.. Chatsworth Gardens '- Violations removed and top floor standpipes lubricated, III Detailed list of violations and request for prom-pt correction of same submitted to Board of Governors at Bonnie Briar. Copy of recommendations to TZr. 11ills. Aviemore Apt. - Into progress in correction of unsatisfactory con- ditions as requested. Brush burned on 17eaver Street , Sackett Circle and Bald�,iin Estate. Hazard eliminated, Standpipe pressure on ton floor of all apartments excellent. n4yrtle Garage Paint shop nova located in detached fireproof building. Several oil burners previously installed with no fireproofing on ceiling located and fire-pr. 00fin7 installed through cooperation of h1r.. IJ6Av oy. All multiple family dwellings and business p7-aces being maintained in good condition considering age and type of construction. Respectfully submitted, Geo. Burton, Inspector Councilman Mills reported that Chief Burton had written to the Board of Governors of th,e Bonnie Briar Country Club , recommending improve- ments to correct certain violations now existing within the clubhouse , Councilman Mills stated that then had received assurance from the Board of Governors that these improvements would be made . Councilman 111ills presented a list of claims from the Fire Department totaling 52 ,725.62. He said he had checked the bills and recommended their approval. The members of the Town Board, sitting as the Board. of Fire Co_,nmis- sioners , considered the claims , and on motion by Councilman Mills , seconded by Councilman �',Fatson, it was , upon roll call unanimously: RESOLVED that the following described claims be and they hereby are an_mroved and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the budget for the Fire Department: Davis-Kress Co. $14.25 Phil Hussig 3.00 L. Earl hiller , Inc. 2. 50 Suburban Fuel Oil Service , Inc ll6® 50 Crossroads Auto Parts Dist. Co. 63.88 G. 17, 11errell 47,24 Mitchell Oil Corporation 81.00 Allpax Rubber Products Corp. 7.00 Goldies , Inc. 24® 54 Fvr F Y ter Products 11. 84 Portable Light Co. , Inc. 37.76 New York Telephone Co. 40.19 "liestchester Lighting Co. 35®92 Hydrant Rental, �4estchester Joint Water Works Total 52 ,725®62 The following bids for painting the interior of the Town of T.Tamaroneck Police Station were received. Frank Valle `�1,050®00 Samuel 111cAndless 1,180,00 Otto Plaue 1 ,250.00 Following discussion and on motion by Councilman Embury, seconded by Councilman I?c Keever , it was , upon roll call , unanimously J 669 RESOLVED that the bid. of Frank Valle , in the amount of 81,050. for painting the interior of the Town of Namaroneck Police Station, be and it hereby is accepted. The folloi-,!ing bids were received for the purchase of a truck for the Park Departments Flinn LToto'r Corporation (Ford) $19549.75 Luby Chevrolet Co. , Inc. (Chevrolet) 1 ,764.03 Bose & Parker Iotors Corporation (Dodge) 2 ,200.00 After discussion, on motion made by Councilman Embury, seconded by Councilman 1.1ills , it was , upon roll call unanimously RESOLVED that this Board authorizes the purchase of a 1949 Ford , tyro-ton, 8 cylinder chassi and cab , equipped as per estimate , for a price of $1, 549. 75. Supervisor ia.ndeville requested a resolution approving the Town' s sale of property at the auction held April 11th, 1949. Or motion mad-e b17 Councilman Embu.ry , seconded by Councilman '.'ratson, the follolwing resolution was , upon roll call, unanimously ad.opteds r?HEREAS , the Town of M.ama.roneck, through the institution of an action in the County Court of Westchester County , entitled "In the 1la.tter of the Foreclosure of Tax Liens pursuant to Article ViI-A , Title 3 of the Tax Law, by the Town of Yernaroneck, List of Delinquent Taxes for 1947" , has become and nomr is the owner of a number of Parcels of real estate situate in the Unincorporated Section of the Town of Ilramaronecka and 17EREAS , the Town of TTamaroneck advertised for bids and held a public auction on Ap--i1 11th , 1949, and received bids on certain of said parcels of real estate now owned by the Town of Mamaroneck; and TT EREAS , since the receipt of said bids , this Board has given careful consideration thereto , and after due deliberation, it is RESOLVED that the bids hereinafter listed , be accepted at the price and terms therein set forth: LIST OF BIDS ACCrPTED ITT SECTIONS,y1 to 5._IYCLirSIVE' Final Blk._Par. Purchaser Sales Terris 13l 8 E. Gardner Gibbons 5170. cash 131 35 Joseph De Alleaume 170. cash 218 407 Stanley K. Kaye 170. cash FLRT1fER R�,SOI,VED that the Supervisor is authorized and directed to execute and deliver deeds to these parcels in accordance ti°;ith the terms and contracts of sale and the Town Attorney is authorized to take all steps neces- sary to complete the sales and transfer these parcels. The Supervisor reported that Parcel 186 and Parcel 269 of Block 133 , had been sold to Tack_ Jetter at 5584. , pending apr.,roval of the Towr Board. He further stated that these two parcels are also included in a. sale of ten parcels in Block 133 , sold to Pendrich A< :jolter , at 143 ,050. pending approval of the Town Board.. On motion made by Councilman McKeever , seconded by Councilman Fmbury, the following resolution was , upon roll call , unanimously adopted: dHEREAS , the Toe:n of 1Iamtaroneck, through the institution of an action in the County Court of l estchester County , entitled "In the Platter of the Foreclosure of Tax Liens pursuant to Article VII-A, Title 3 of the Tax Law, by the Tovuin of Mamaroneck, List of Delin- quent Taxes for 194711 , or foreclosures previously brought under pro- visions of the Testchester County Tax Act , has become and novr is the owner of a number of parcels of real estate situate in the Unincor- --- rorated Section of the Town of Yamarcnecke and WHEREAS , the To,.Srn of Mamaroneck advertised for bids and held a rublic auction on A-pril 11th, 1949 , and received bids on certain e wv o eck, � f -- Pal t^ �now owned by th.. Town of ��maz n Of S2.ld. �arCC_ s o_ es .�-te n , and '1HEREAS , since the receipt of said, bids , this Board has given careful consideration thereto„ and after due deliberation, it is RESOLVED that the bids hereinafter listed. , be accepted at the price and terms therein set forth : T,IST OF IDS ACCEPTED IN SvCTICImS ...1_to _5 IIICLUSIVE, Blk Par. Purchaser rinal_ SalesPri_ce Terms 133 186919992049 Hendrich A. p'olter rs39050, cash 209 ,2569264,2679269 ,229,242 FL'RTHT,R IRESOLVLD that the Supervisor is authorized and directed to execute and deliver deeds to these barcels in accordance ,Iith the terms and contracts of sale and the Town Attorney is authorized to take all steps neces- sary to complete the sales and transfer these parcels® On motion by Supervisor T;andevilie , seconded by Councilman ,:a.tson, the following resolution was , upon roll call, unanimously ado-pted : 7,THEREAS , the Totivn 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 Town of P1e.maroneck, List of Delinquent Taxes for 1947" , has become and noT�r is the owner of a. number of par- cels of real estate situate in the Unincorporated Section of the Totivn of Mamaroneck; and FiERFAS , the Town of Mamaroneck advertised for bids and held a public auction on April 11th, 1949 , and received only one bid for Block O1 , Parcels 1 a.rd 40 , which bid- wa.s submitted �ropert�� known as B 5 , by P•Iodern Swimming Pool Co. , Inc. and «ras made on condition that the buyer be permitted to use this property for business or industrial purposes i®e® for the erection. of commercial buildings , offices and. a model swimmir_g poet; and FLEAS , since the receipt of said bid , this Board has given T"T careful consideration thereto, and after due deliberation, it is i RE901 E'D that the bid hereinafter listed , be accepted at the price and terms therein set forth : LIST OF BIDS iC'CEPTTD»_III �7C TOIV:SAI to 5 IP?C1USIVE _ B1k,_ Par. Purchaser FsnalsSales_ Price. terms 501 1 d: 40 I.=odern Swinrlirg Pool Co. 83 ,005® cash Inc, 673 FTTRTRER RESOLVED that the offer of Modern Swimming Pool Co. , Inc. to purchase property known as Block 501 , Parcels 1 and 40 on the Torrn Assessment 11Iap is subject to their obtaining; a variance from the Zoning Board of Appeals for their business purposes . FURTHER RTSOL7T_T that the Town Attorney is hereby instructed to prepare a contract providing sub- stantially that the purchaser , under the contract , i-iould have 90 days in y`Jhich to close title but in -- the meantime , they must apply to the Zoning Board of Appeals for the necessary variance for the purpose of constructing upon the property , swim- min:g pools , buildings and other necessary structures so as to make it possible for them to use the property as a demonstration area for their products With the understanding that unless such variance is granted., the contract shall become void and the deposit made by them, returned . Attorney Delius Was instructed to notifh the Police Department with reFard to the cutting of trees on property adjoining the property of David Jetter and known on the Tax Assessment Ylap as Block 133 , Parcels 186 , 199 , 204, 209 , 256 , .264 ,267, 2699 229 and 242. After discussion, the following resolution was moved by Supervisor Yand.eviile , seconded by Councilman Embury , and , upon roll call, unanimously adopted: TITFREAS , heretofore and on July 28, 1948, Yr. Charles F. Prink was arpointed. Special Building Inspector to supervise the construction of an apartment house development at Richbell Road and Palmer Avenue , known as Larchmont Properties , Inc. and 17HEREAS9 this Board heretofore fixed his compensation for services so rendered at $750. ; and THEREAS , it not-,T appears that the work entailed in con- nection with this construction and the inspection and approval by the Special Building Inspector , consumed considerably more time and effort than was originally anticipated, RESOLVED that this Board hereby appropriates an additional ` 500. to be paid to Charles F. 1>Tink as comr,ensation for Special Building Inspector , such sum to be appropriated from surplus funds now on hand. After discussion , the following resolution eras moved by Councilman EcKeever , seconded by Councilman Tills and, upon roll call , unani- mously adopted: TITHEREAS , the Village of Mamaroneck heretofore secured certain parcels of property in foreclosure proceedings , either foreclosure in rem or under the n_ rovisions of the Village Lawq subject to taxes and assessments due the Torn of P.Tamaroneck; and 71HERFAS , it was previously understood and agreed between the Town and Village that in all such instances , the property thus - acquired by the Village , if devoted to public purpose or use by the Village , should be paid for by the Village on the basis of the fair market value of such property, which , for that purpose , should be deemed. the price at iwhich the Village of P:Iamaroneck acquired the property and the share of the Town should be computed on the basis of a fraction, the denominator of which is to be the total of all taxes outstanding against that property and the numerator of lirhich is to be the amount of such taxes owed to the Town of ISamaroneck; and 71HEREAS , it now appears that the several properties as hereinafter set fort_ , have only nominal va lue fo r purn_ oses of sale and are chiefly valuable only to the Village for streets , hightiways , flood control , parking space or other public use , NOT?' , THEREFORE, 9 BE IT RESOLVED that all taxes against the folloe,ing Property on the Toitrn and Village assessment mars , are compromised and cancelled- upon condition that the same be devoted to public purposes by the Village of Mamaroneck: Town Description y? jlaFe__pescript,ion 812 59395959609 8-19-1 ,294 8-20-B 818 3. 8-50-9 812 203 8-24-1 to 8 incl. 817 635 8-51A-47B,48,49, 50B 820 23 ,85,1829186 8-54 1A813,3 _O12 ,2 ,A9 23 3925 818 22 ,24 8-51E-7,899 831 470 8-77-2 832 470 8-78-48 2 4 3 83 9 8-81-22 831 220 8-86-47948 830 1-202 _ 8-93-68 ,69 829 153 8-91-1 to 4 831 93 8-94-697 903 4939536 9-8-4-,5,12 to 14, 15B9150915D9 16B916c916D 901 Pt® of 14 and 422 9-11-132912 ,13 901 260 ,355 9-12-39495911A,15916 906 181 9-19-9A2 ,9C910A2 ,1OC 912 107 9-51-12B 925 3?0 9-58A-Plot 922 191109193 9-67-1-51952953955-73974A. 923 1929930 7%78B979B 932 1 9-72-24925 On motion made by Councilman Watson, seconded by Councilman Embury , the following resolution was unanimously adopted: 1.7HEREAS , the Town acquired Block 903 , Parcel 465, through the institution of an action in the County Court of 77estcllester County , entitled "In the T:"atter of the foreclosure of Tax Liens _ 77 pursuant to Article VII-A, Title 30f the Tax Lair.', by the Town of kamaroneck, List of Delinquent Taxes for 1947" , and TF'EREAS , the Village of Yarinaroneck has applied_ to the Totem for permission to purchase this property to be used as a public playground , in return for which the Village has offered to transfer to the Town of Famaroneck, a street smreeper of the approxi- mate value of X400. NOT-IT" THEREFORE , BE IT RESOLVED , that the offer be accepted and that the Supervisor execute and deliver to the Village of it:?ariaroneck, a deed in proper form conveying to the Village ; this propert-­ known as Block 903 , Parcel- 465. On motion made by Councilman lflills , seconded by Councilman i" atson, it was , unanimously RESOLVED that assessor Smith be and he hereby is authorized to attend the meeting of Assessors in Albany on April 27th , 28th and 29th. FURTHER RESOLVED that the expense of the trip shall be ,aid out of the item in the budget set aside for that purpose. The TwiTn Attorney stated that he had an offer from the attorney for f."_rs . Elsie Stein , to compromise and settle her claim for damages for personal injuries sustained on August 23rd, 1948, as the result of a fall caused by either a hole or protruding rock in the bed of a public street knotrn as Holly Place , for which she , in conformity with the provisions of Section 50E of the General Municipall Law, had filed. a claim with the Torrn Clerk. He stated that this offer was to settle the claim for the sum of cts200. After some discussion, during which the Tov.'n Attorney explained to the Board , the circum- stances surrounding this accident and the possible liability of the Town and the Superintendent of Highways for these injuries which were alleged to be due to a defect in the Town street , on motion by Councilman Embury , seconded by Councilman "iatson, it was unanimously RESOLVED that this claim be settled and compromised for the sum of x1200 , subject to the Town Attorney ' s obtaining from the Supreme Court , an order allo,ling such settlement according to the -provisions of Sec- tion 68 of the Town Law. The Town Attorney reported that notice had been received that hear- ings were now in -progress before the Public Service Commission to increase the County Transportation Corporation's bus fare either by a Dercentage7rise increase of fares or by re-zoning the route in the Torun of Ir?amaroneck so as to increase the fare charged between car- tain points ® He VTas instructed to attend these hearings and to oppose any increase. The Town Attorney stated that he had received an offer from the attorney for Calderazzo , to compromise the pending certiorari by fixing the assessment at not more than ` 70 ,000. for land and im- provements . After some discussion., during which the Town Attorney stated he was not in favor of the comhre_nise , he was instructed to proceed rith the trial of the case. There being no further business to come before the meeting, it was unanimously resolved to adjourn at 9:20 P. IJ. to meet again on Play 4th. / 0-e k