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HomeMy WebLinkAbout1946_02_06 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD, TOWN OF MAIZARONECK, HELD FEBRUARY 6, 1946 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 8:15 P.M. ( Eastern Standard Time). Present: Supervisor Mandeville Councilmen Stiner, Mills , Jr . , Watson, Embury Absent : None The presence was also noted of Town Clerk Gronberg, Town Attorney Delius, Comptroller Orsino and Accountant Finson. The minutes of December 28, 1945 and January 8, 1946, were approved as presented. The minuues of January 16, 1946, were approved with corrections. The Supervisor requested the Town Clerk to read the communi- cations. A letter dated January 15 , 1946, was received from Corporation Counsel Anthony Sansone of the Village of Mamaroneck, as follows: January 15, 1946 Town Board Town of Mamaroneck New York Gentlemen: Recently, in connection with the In Rem foreclosure proceeding instituted by the Village of Mamaroneck a notice was mailed to Larchmont Estates , Inc . , owners of property located in the Village of Mamaroneck which comprises the portion of property assessed by the Town as Block 408, Parcel 290, Block 918. Subsequent to the mailing of this notice, I received from Mr. Petigor; Attorney for Larchmont Estates , Inc . a copy of the stipulation which had been entered into between the Town of Mamaroneck and Larchmont Estates, Inc . , by the term of which the sale of property, under the judgment of foreclosure obtained by the Town of Mamaroneck, would be adjourned until May 1, 1946. Mr. Petigor, on behalf of Larchslont Estates, Inc . made the request that the Village of Mamaroneck enter into a similar stipulation. After considering the facts set forth in the stipulation, the Village Board directed me to notify Mr. Petigor that the Village would not enter into any such stipulation and that I should proceed with the In Rem proceeding as against the property affected Respectfully yours, /s/ Anthony Sansone Corporation Counsel The Supervisor stated that he had spoken to Village Manager Johnson since this letter had been written and the condition of this property has changed. It was suggested that the Clerk and Attorney Delius contact Mr. Johnson and make a report at the next meeting. A notice dated January 16, 1946, was received from the Public Service Commission, Albany New York, stating that a public hearing would be held in the office of the Commission, 233 Broadway, New York City, on Tuesday, January 22, 1946 in reference to ° Proceed- ing on motion of the Commission as to the rates, fares and charges of County Transportation Co. , Inc." The Notice was ordered placed on file . A letter dated January 24, 1946, was received from the Massachusetts Bonding 3 Insurance Co. , enclosing Certificate of in- surance showing the details of Liability and Property Damage coverage carried by Bernacchia Bros . Inc. , 29 Hudson Street, Yonkers, N.Y. The correspondence was ordered placed on file . A letter dated January 16, 1946, was received from the Clerk of the Board of Supervisors, enclosing Notice that the Cornissioner of Public Works has filed the report of his investigation of the storm water area in the County of I1Iestchester and that a hearing on said report will be held at the meeting of the Board of Supervisors in white Plains on the 28th day of January, 1946. Also enclosed was a table showing the apportionment of costs of storm water control survey by municipalities . The Supervisor reported that he and Town Attorney Delius attended this hearing and that a resolution was adopted favorable to our community A letter dated January 26, 1946, was received from the County Transportation Co. Inc . enclosing a report for the year ending December 31 , 1945, which has been prepared in accordance with terms of consent granted by the Town and as prescribed in twenty-fifth paragraph. The letter was ordered placed on file . A letter dated January 29, 1946, was received from the County Transportation Co. Inc. , enclosing a report relative to the operation of buses of this Company in the Town, for the six month period ended. December 31, 1945. The letter was ordered placed on file . A letter dated January 31, 1946 was received from the Vil- lage of Larchmont requesting that property known as Section 6, Block 610, Part of Parcel 218, which is part of the roadway of Winslow Place, be exempt from taxation as of this date . During discussion, it was pointed out that the Tax Assess- ment Roll for 1945, covering taxes of 1946, was completed and filed with the County on September 15th and that nothing could be .done at this time . This valuation would automatically be taken off the Roll for the 1947 taxes . The Clerk was so ordered to advise the Village of Larchmont. I A letter dated January 18, 1946, was received from WM.H. Johnson, Village manager enclosing certified copies of resolutions approving the offers of 43,600 made by Equity Holding Corporation, and $4,750 made by Jacob Ackerman and John Baltz , respectively. The resolutions were ordered placed on file . -- A letter dated January 28, 1946, was received from the Executive Board. of the Mamaroneck High School Parent-Teacher Association, expressing their sincere interest in and approval of the suggestion made by Hrs . F. Warren Green that a living War & emorial in the form of a Comznanity House for Larchmont be built on the Village owned property on Larchmont Avenue . Councilman Embury stated that he had something to report in this connection later. A letter dated January 30, 1946, was received from Mr. Rutledge H. Rate , Building Inspector of the Town, in regard to the erection of a pent house as living quarters on the roof of the Gaudagnolo Garage at #'200 Myrtle Boulevard, He said he had taken the matter up with Fire Chief Burton and that the Chief did not see any objection to same as afire hazard or for any other reason, as this is a well constructed building and would be perfectly safe . Mr. Rate agreed with the Chief on this matter. . Mr. Charles Mink, Architect, and Mr. Gaudagnolo both appeared and presented sketches and blue prints of various elevations of the pro- posed pent house . After a lengthy discussion, it was on motion by Councilman Stiner, seconded by Councilman Matson, unanimously RESOLVED, that Frank Gaudagnolo be granted permission for the erection of a pent house as living quarters, on the roof of the Gaudagnolo Garage at #200 Myrtle Boulevard, Town of Mamaroneck. A letter dated January 23, 1946, was received from John J. Carroll , Jr. , requesting to compromise the tax arrears on his property known as Block 813, Parcel 286 for the face amount of the liens plus six per cent interest. Also, that he had arranged with the Assessor to have Block 813, Parcel 348 apportioned so as to take eight feet off the rear of that parcel. Also, to compromise the taxes on the afore- mentioned eight feet on the same terms. He stated that after the apportionment is Made the parcel known as Block 813, Parcel 348 will still have 100' in depth. The Supervisor suggested that since no recommendation has been received from the Assessor, this matter be referred to hire for report at the next meeting. A letter dated January 10, 1946, was received from Burbank & Levin, sent to the attention of Mr. John Cahill , suggesting that Depositor' s Forgery Bond # DF-1166007 of the National Surety Corporation be written for a term of three years at 2-1/2 times the annual premium. The Clerk reported that he had been in touch with Mr. Cahill and that he recommended this saving. After discussion, the Board decided to carry out this recommen- dation. A letter dated February 5, 1946, was received from Town Comp- troller Orsino requesting authorization to transfer funds within the 1945 Budget . On motion by Councilman Embury, seconded by Councilman Watson, it was , upon roll call, unanimously RESOLVED, that the Comptroller and Supervisor be and they hereby are directed to make transfers within the 1945 Budget, as follows : - GENERAL TOWN Department of Tourn Offices From: Telephone $21.90 To: Light $21 .90 i Department of Elections: From Instruction Meeting $40.00 Compensation of Chairman 72.00 To: General Election $40.00 Labor 72 .00 From: Publishing Notices $125.73 To: Rent $48.00 Transportation Equip. 63.70 New Equipment 14.03 Department of Assessor: From: Traveling & Insurance $27.00 To: Deed & Mortgage Abstracts $27.00 Department of Law: From: Traveling $36.11 To: Supplies, Etc . J n36.11 Department of Public Velfare: From: Office Supplies $67.34 To: Fuel $67.34 Outside of Villages: Miscellaneou Expenditures From: Civilian Protection $16.57 To: War Council y,,14 .33 Bldg. & Plbg. Dept. - Notices 2.24 I Building and Plumbing Dept. : i From: Insurance 5.76 Traveling Expenses $21 .42 To: Notices $19.78 Office Supplies 7 .40 I' 897 Department of Police: From: insurance $411 .75 Clothing 59.60 To: Miscellaneous $256.07 Repa irs to Headquarters 155 .68 Repairs to Cars 53.90 Fingerprint Equipment 1.69 Range Supplies 4.01 Garbage District: From: Motor Eqpt . Operators $375.00 Equipment 137. 04 Ash Removal 33 .35 Care of Dump 87.25 Truck Repairs 1.93 To: Sanitation Men $105.81 Temporary Help 274.16 Gas & Oil 254.60 Department of Parks: From: General Equipment $77.68 To: Materials,Shrubs,etc. $77 .68 Fire, Vi ht & Water District:. Fire Department From: Light $69.19 Water 1.10 Insurance 40 .93 Gas & Oil 140 .82 Miscellaneous 48.96 Equipment 372.31 Repairs Equipment 118.74 Modernization Equipment 442.36 To: Drivers $ 460.58 Fuel 346.77 Telephone 42.27 Alarm System 58.12 Materials 140.74 Clothing 66.36 Repairs to Bldgs. 117.50 Street Lighting 2.07 Seger Department; From: Insurance $11 .18 To: Poorer 1?11 .18 899 A notice inviting the members of the Board to attend the Third Community Institute, to be held on February 18, 1946, at the Mamaroneck Junior High School, was received. This Institute is being sponsored by the Board of Education, Mamaroneck Teacher' s Association, and the Mamaroneck-Larchmont P.T. Council. The members of the Board made note of the date . The Town Clerk read a copy of a resolution sponsored by the Town Board of the Town of Cortland Westchester County, whereby in their opinion it would be beneficial to extend the terms of office of all Supervisors; Town Clerks and Superintendents of Highways to provide for a four year tenure of office . The resolution was ordered placed on file . The following reports for the month of January, 1946, were received and ordered filed: Report of the Building Inspector Report of the Plumbing Inspector Report of the Town Clerk Report of the Receiver of Taxes and Assessments Report of the Westchester County Dog Protective Association The Town Clerk reported that the Annual Report of the Supervisor for the fiscal year ended December 31, 1945 is on file and that this report will be published on February 16, 1946. The Town Clerk presented the affidavit of publication of the Public Hearing for the purpose of considering the application of County Transportation Co. Inc . , which was published in the Daily Times on January 25, 1946. Mr. Thomas Connor, Assistant Manager, appeared on behalf of the County Transportation Co. Inc . and was asked several questions by the members of the Board regarding the proposed route. After further discussion, on motion by Councilman Watson, seconded by Councilman Stiner, the following resolution was, upon roll, unanimously a dopted: WHEREAS, application has been made to the Town Board of the Town of Mamaroneck, by County Transportation Co. , Inc. , for the operation of ommibuses over cer- tain streets, avenues and highways in said Town; and WHEREAS, after due notice, a public hearing was held on said application to the Town Board on the 6th day of February, 1946 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck.. hereinafter called the Board., pursuant to the provisions of Sections 66 and 67 of the Transportation Corporations Law, consents that the said County Transportation Co. , Inc . , subject to the provisions, conditions, requirements and limitations hereinafter set forth, may maintain and oper- ate motor buses and omnibuses for the transportation of passengers and property in, upon and along and across the following named streets, avenues, highways or portions thereof, in the Town of Mamaroneck, to wit: BEGINNING on Palmer Avenue at the boundary line of the City of New Rochelle and the Town of Mamaroneck, easterly 901 On Palmer Avenue to the westerly boundary line of the Village of Larchmont and the Town of Mamaroneck. Returning via the same route . BEGIUTING on Chatsworth Avenue at the southerly boundary line of the Town of Mamaroneck with the Village of Larch- mont, northerly to the entrance to the grounds of the west-bound Larchmont Railroad Station of the New York, New Haven and Hartford Railroad Company in the Town of Mamaroneck. Returning from the said railroad station grounds westerly on Myrtio' Avenue to its intersection with Chatsworth Avenue; thence southerly on Chatsworth Avenue to the boundary line between the Town of Mamaro- neck and the Village of Larchmont . Being parts of an additional route via Stephenson Boulevard and Palmer Avenue, between the City of New Rochelle and the Village of Larchmont. BE IT FURTHER RESOLVED, that this consent is subject to the following terms, conditions, requirements and limitations: 1 . All buses shall be operated at a rate of speed to comply with the traffic laws of the State of New York and local ordinances. 2. The applicant shall obtain a Certificate of Con- venience and Necessity from Public Service Commission of the State of New York. 3. Nothing in this consent shall be deemed to grant or authorize any exclusive right. 4. This consent shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either° legal or equitable, or any right, interest or roperty t erein, pass to, or vest in any other person or corporation whatsoever, either by the act of the Compan.y or by operation of law, whether under the provisions of the statutes relating to the consolidation or merger or corporations or otherwise, without the consent of the Board evidence by an instru- ment, under seal, anything herein contained to the con- trary thereof in any wise notwithstanding; and the grant- ing, giving or waiving of any one or more of such consents shall not render unnecessary any subsequent consent or con- sents, and no assignment, lease, sublease or mortgage of this consent, or any part thereof or interest therein or of the route or routes mentioned herein, or of any part thereof, shall be valid or effective for any purpose unless the said assignment, lease , sublease or mortgage shall con- tain a covenant on the part of the assignee, lessee or mortgageethat the same is subject to all the provisions, conditions and limitations of this consent, and that the assignee, lessee, or mortgagee assumes and will be bound by all of said provisions, conditions and limitations, anything in any statute or in the charter of such assignee or lessee to the contrary notwithstanding and that the said assignee lessee , or mortgage waives any more favor- able conditions, created by such statute or its charter, and that it will not claim by reason thereof, or otherwise , exemption, from liability to perform each and all of the conditions of this consent. 9 CO 3 5 . (a) The Company at all times during the term of this consent shall operate over the route herein described, either the transit-trolley and/or the con- ventional type of bus and shall comply with all the requirements provided by law,or by the Rules and Regu- lations of the Public Service Commission of the State of New York, or of any other Board, Connnission or Body, having jurisdiction. The company shall employ at least two buses in the operation of the route herein described and shall have available one spare bus. (b) All vehicles which may be operated pursuant to this consent shall be propelled by power generated or contained within the vehicle itself or by storage battery, but no power shall be used which will, in its generation or use , produce smoke or noxious odors suf- ficient, in the opinion of the Town Board of the Town, to constitute a nuisance. ( c) Before any bus or omnibus of a different type from the buses provided under Section 115(a) above is put in service , it must be submitted to the Town Board for approval. 6. All vehicles which may be operated pursuant to this consent shall be so constructed that oil and grease cannot drop on the roadway. The maximum width shall not exceed eight feet over all . No double deck vehicle shall be operated without the consent of the Board. Each omnibus shall be eeuipted at all times with a hand chemical fire extinguisher in good working condition and accessible and ready for use at all times . They shall be equipped with pneumatic tires, all other types, kinds and forms of tires being prohibited. All buses must be fitted with brakes capable of stopping and holding the same under all con- ditions . 7. All vehicles operated pursuant to this consent shall conform in all particulars with the requirements herein contained and shall be maintained in good and safe repair and in a manner which will in all ways and at all times render the vehicles fit for public service. The company shall permit the Board to inspect at all reasonable times , any or all the vehicles used by the company or upon order of the Board, shall submit any such vehicle to the Board for inspection. If, upon inspection, any vehicle shall be unfit for public service, then the company shall, upon notice , immediately withdraw such vehicle from ser- vice and shall cause it to conform with the requirements of the Board or shall remedy the defect before such ve- hicle shall be restored to service . All employees of the company, while in service on any motor bus or omnibus, shall be in uniform and neat and tidy in appearance . All buses must be kept at all times well painted, neat and clean. The driver of a bus must not operate a bus to which a trailer is attached. The company shall not allow its operators to smoke or light a match while in or upon a bus, or to drink intoxi- cating liquors while on duty. 0 S. All laws and ordinances affecting the operation of motor buses or omnibuses and all traffic regulations applicable thereto now in force or which may be in force in the Town of Mamaroneck, during the term of this con- sent, shall be complied with by the company. The company shall also comply with and enforce the carrying out of any orders or regulations which may be issued by the Board, designed for the protection and safety of persons or pro- perty or for the comfort, health or convenience of the public. 9. In case of any violation or breach or fail-are to comply with any of the provisions, conditions or limitations herein contained or with any orders of the Tosco Board, acting under the powers granted by later or herein reserved, this consent may be declathd cancelled and revoked by said Town Board; provided, however, that such action by the Town Board shall not be taken until it shall give notice to the company to appear before it on a certain day, not less than ten days after the date of such notice , to show cause why this consent shall not be cancelled and revoked. After such notice and opportunity to be heard, even in case the company shall fail to appear, action may be taken by the Board forthwith. 10. The company shall assume all liability for damage to persons or property accasioned by reason of the negligence of the operator or other employees in the operation or maintenance of the motor bus or omnibus route, and the company shall fully indemnify and repay to the Board, any damages, costs and/or expenses which the Board shall be compelled to pay by reason of the negligent acts or defaults of the operator. 11 . The company agrees that it shall not acquire or claim any vested right hereunder, but that the foregoing instrument shall be construed as a consent under the Dro- visions of Section 66 and 67 of the Trans-oortation Cor- porations Law of the State of New York and revocable by the Board according to terms and conditions herein expressed. 12. The company shall obtain a certificate of conven- ience and necessity from the Public Service Commission of the State of New York but if for any -reason, such certi- ficate of convenience and necessity be not granted within 180 days from the date of this resolution, this consent shall lapse and become null and void. 13. Fare shall be .10¢ between the railroad station in Larchmont and Mechanic Street Terminal in New Rochelle . 14. The company shall operate a bus on a 30-minute schedule . 15. No advertising matter of any kind shall be put or carried upon the outside of the bus. 16 This consent to maintain and operate motor buses and omnibuses upon the streets, avenues and highways hers- __ in described, shall be held and enjoyed by the company until rr..ay 26, 1957 . 17 . Nothing contained in the consent hereby granted shall be construed as a "terminable permit" under the pro- visions of Sections 68 to 69 inclusive, of the Transpor- tation Corporation Law of the State of New York,or to confer 907 any rights or obligations upon either County Trans- portation Co. , Inc . , or the Town of Mamaroneck,pursuant to such provisions of the Transportation Corporations Law. 18. The company shall pay to the Board for this con- sent, an amount equal to three percent (3%) of the pro- portion of the gross receipts derived from the through routes of which the hereinabove described route forms a part, that the actual mileage operated in the Town of P,!Iamaroneck bears to the total actual mileage of said through routes. Said amount shall be determined as of the 31st day of December and the 30th day of June in each year and shall be payable within 45 days after the date as of which the amount thereof shall have been determined. 19 . The company shall not charge, demand, collect or receive greater compensation from transportation of passen- gers over the route herein designated in }he Town of Mamaro- neck than the rates, fares and charges specified in its schedule now filed and in effect as provided by law or such rates, fares and charges as it may hereafter be required or authorized to file and observe in conformity with the rules, regulations and laws of the :State of New York. 20 . The insolvency of the company or the appointment by any court or judge of a receiver or receivers for the company, shall be valid ground for revoking this consent at -the option of the Board and the company expressly stipu- lates and agrees that the right herein reserved in this paragraph to the Board, is one of the principal consider- ations for this consent, and that it will not prevent, hinder or delay, by injuction, or otherwise,the full exercise of the right herein reserved to the Town. The company specifically agrees that, in case of insolvency or if any receiver shall be appointed for the company, the Board shall, at its option, be entitled to take and use, with the company' s personnel and mechanical super- intendence, for a period of sixty days, up to the maximum number of its buses that were theretofore in use in the Town of Mamaroneck, upon compensation to be agreed upon by the Board and the Company or its receiver, or to be fixed by arbitrators appointed as hereinafter provided. The failure of the company to properly maintain service and equipment and to comply with proper orders of the Pub- lic Service Commission of the State of New York or other duly constituted body or official, having authority under the law or by the terms and provisions of this consent, because of lack of capital funds, shall also be valid ground for revoking this consent at the election of the Board as herein provided. In case, at any time during the terms of this consent, the company shall cease to operate, except for causes beyond its control, any route or routes mentioned herein, or any connecting route or routes, for the period of ten days without the previous consent in writing of the Board, then the said Board shall have the right to declare this __ consent to be terminated and to cancel and annul the same . 0 21. It is understood that the company shall operate, pursuant to this consent, only the routes herein mentioned, but should vehicular traffic be di- verted from any of the streets, avenues or highways forming part of any of said route or routes, because of fires, parades, repairs, public impro mxents or any other event which will close the said streets, avenues or highways to vehicular traffic temporarily, then the company may, subject to designation by the Board, use= such other streets, avenues or highways as are necessary to continue the operation. If, however, for any reason, any of the said streets, avenues or highways ,shall be closed to vehicular traffic for a longer period than twenty-four hours, then the company shall communicate with the Board and obtain authority for the operation upon other streets, avenues or highways for such longer period during which said street, avenue or highway may be closed. The company shall not make any claim against the Town of Mamaroneck or any department or officer thereof, for damages that may result to it ;by reason of the prosecution with reasonable care, of any public improvement ordered by said Town or any department or board thereof, or by reason of any diversion of traffic as herein provided. If, by reason of the closing of any street, avenue or highway forming a part of any such route or routes, and the diversion of the buses of the company to another street, avenue or highways it becomes necessary for the company to obtain a new consent from the Board and new authority from the Public Service Commission, the company shall promptly apply for such consent and authority and the time, during which the operation by the company of its bus or buses shall cease , shall not be deemed to be an abandonment by the company of operation. 22. The company shall at all times, keep accurate books of account of its gross receipts from all sources and shall, within forty-five days after the expiration of each semi-annual period make verified reports to the Board, of the business done by the company during each year or portion thereof, and shall make payments to the Board as provided in Claus "18" of this consent. The Board may also require the company to file periodic reports covering the periods and at the time prescribed by the Board, but such reports in any event shall not be required more often than once in every two months. The report shall be in such reasonable form as the Board shall prescribe, and as to each route, shall con- tain a statement of the gross receipts, total miles in operation, the total miles in operation within the limits of the Town of Mamaroneck and such other information as the Board may require . The Board shall, at all times, have access to all books and records of the company for the purpose of ascertaining the correctness of its re- ports and may examine its officers and employees under oath. All reports so filed shall be verified and the Board shall have the right to require the company to furnish specific answers to questions upon which it may need information. 23. The company shall keep accurate records and books of the income of all the different routes and combination of routes operated by it and of the bus miles operated with respect to each route or combination of routes, of the different services rendered in con- nection therewith, and the cost thereof so far as practicable, and shall , at any time, .furnish the Board such information with respect thereof, as shall be re- quested. Such books and records shall be so kept that the gross income, the charges and the net income of the company may be accurately allocated between the several municipalities n which it is, or it and any associated transportation company, are, operating, in order that the _ - compensation payable to the Town of Mamaroneck under this consent, may at all times be fairly and accurately determined and so that the profits or loss derived from each route may also be fairly and accurately determined. 24. The company shall submit to the Board, not later than March first of each year during the period of this consent, for the year or part of year ending December thirty-first next preceding, a report which shall state: (a) Location, value and amount paid for real estate owned by the company in the Tovrn of Mamaroneck; (b) Number of passengers carried in and through said Town during the year; ( c) Total receipts of company for passengers carried with the Town of Mamaroneck and total receipts from all sources; (d) Amounts paid by the company for damages to persons or property on account of con- struction and operation; - (e ) Total expenses for operation, including salaries, and such other information in regard to the business of the company as may be required; (f) The names of its officers and directors; (g) The names and addresses,-,-of the ten principal stockholders and of theprineipal holders of secured or unsecured debts . The Board may prescribe the form of any such reports which, as prescribed by the Board, shall be as nearly as practicable, the same as the form of reports required by the laws of the State of New York, dealing with the same subject matters. The Board may, at any time, require a special report up-der oath from the company or from any of its officers on any or all of the above matters , or any other connected with the company' s business within the intent and scope of this consent. This resolution shall become effective only in the event that similar consents or permits for the operation -- of the through line from the Village of Larchmont to the City of New Rochelle are obtained from the municipal authorities of said Village and City. O The Town Clerk presented the affidavit of publication requesting bids for sale of a 1936 Ford 1-1/2 ton chassis , dump body and hoist, as published in the Daily Times on January 25, 1946. The following bids were received: ATZO:TNT OF BID Atlas Safvice Center ;266.50 4100 Boston Post Road, Bronx 66, N.Y. ( Check attached) Anthony P. Testa 126.50 59 Myrtle Boulevard Larchmont, N.Y. ( Check Attached) Malcolm V. Clark 76.50 51 Revere Road Larchmont, N.Y. ( Cheek attached) H.T . Flinn Motor Co. 125 .00 18 Bostoxiost Road Larchmont , N.Y. ( Check attached) After discussing the bids, and in view of the fact that Mr. Anthony Testa is a veteran of three years' service of WorliWar II, it was decided that the Clerk should contact Mr. Testa to offer him the opportunity of buying this truck at the higher bid, which was $266 .50 The Town Clerk presented the affidavit of publication ad- vertising the sale of Tod owned property known as Block 132, Parcels 469 and 492, as published in the Daily Times on January 25, 1946. The Town Clerk informed the members of the Board that there was only one bid for this property, this bid being from Mr. Frank Valle, in the amount of $4,500 all cash. A check for $450. representing ten per cent of the bid was enclosed. Following discussion, it was on motion by Councilman Watson, seconded by Councilman Embury, upon roll call, unanimously RESOLVED, that the Supervisor be and he hereby is authorized to sell to Mr. Frank Valle, property known as Block 132, Parcels 469 and 492. FURTHER RESOLVED, that the Supervisor is hereby authorized to sign the necessary contract and deed conveying title to lair. Frank Valle , The Supervisor suggested that the meeting proceed with the reports of committees . Councilman Watson presented the following petition 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 Stiner the following resolution was, upon roll call, unanimously adopted: WHEREAS, the Assessor has presented a petition 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 WHEREAS, after due consideration this Board finds it desirable to grant said petition for correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll for the year 1945, taxes of 1946, which shows property now appearing on the roll as follows- Section Block Lot Owner Land Only 6 37 1 to 4 Est . of D.4arie A. Stellah $2,500 ( 610-218) be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 33: Section Block Lot Own er Land Only 6 37 1 Village of Larehmont $ 500- (610-218) 6 37 2-3-4 Est. of ?Tarie A. Stellah $ 2 ,000 ( 610-228) Reporting on the progress of the Incinerator, Councilman Watson informed the members of the Board that various repairs which were started last August have been going on from time to time and have now been all completed. He said that as far as he knew and from in- formation received from Town Engineer. Foote, the Incinerator is in A-1 operating condition. Councilman Embury presented the Annual Report of the Public Welfare Department for the year 1945, which was ordered placed on file . Referring to the correspondence read earlier in the meeting of a letter received from the Executive Board of the Mamaroneck High School P.T . Association, Councilman Embury stated that a similar letter from Mfrs . Evelyn 0. Tyler was referred to him by the Supervisor for reply. Councilman Embury handed the letter to the Clerk to read in which he outlined various costs and problems in regard to the con- struction and maintenance of a community House which would be erected as a living memorial to the veterans of World War II . The Supervisor reported that the Johnethel Realty Corporation had paid the taxes in accordance with resolutions passed on December 28, 1945 and January 16, 1946. In this connection, Attorney Delius informed the members of the Board that the easement agreement had been received and turned over to the Water Company. The Supervisor presented the Highway Agreement, which was on motion by Councilman Stiner, seconded by Councilman Watson upon roll call, unanimously RESOLVED, that the Highway Agreement as presented by the Superintendent of Highways for the year 1946 be approved. 917 The Supervisor presented the following resolution, which was on motion by Councilman Mills, seconded by Councilman Embury; upon roll call , unanimously adopted: WHEREAS, on October 3, 1945, the Town Board of the Town of Mamaroneck passed a resolution accepting the offer of George B. Mayer to pur- chase the property designated. on the assessment roll of the Town of Mamaroneck as Block 934, Par- cel 29, for the vmn of $7,150.00, said resole- Lion being conditioned upon the approval of said offer by the Village of Mamaroneck; and WHEREAS, on October 8, 1945, the Village Board of the Village of Mamaroneck, by resolution duly approved said offer of sale ; and WHEREAS, on the 17th day of January, 1946. title was conveyed to said George B . Mayer of his assignee; and _ WHEREAS, the receipts and disbusements in con- nection with said property are as follows : Receipts Sale Price . 7,150.00 1945 School max Apportionment 106.40 ?7,256.40 Disbursements: Brokers Commission ( 55 of 357.50 87,150 .00) 1942 14amaroneck Valley Sewer Tax 48.57 1942 School tax 201.62 1943 Mamaroneck Valley Sevier Tax 48.32 1943 School tax 203 .05 1944 Mamaroneck Valley Sewer Tax 48.27 1944 School tax 223.93 1945 Mamaroneck Valley Sewer Tax 42 .80 1945 School tax 235.04 Foreclosure costs includes title search, postage , service, title policy, referee ' s fee, etc . 130 .75 1946 Mamaroneck Valley Sewer Ap- portionment _ 1.95 12541 .80 Net Receipts ?5,714.60 showing the net receipts to be apportioned between the Town and Village of Mamaroneck to be $5,714.60; and WHEREAS, the araount of unpaid taxes and per- -- centage due to the Village and Town are as follows: 919 TO? IT VILLAGE Unpaid taxes to 1/22/42 $3,145 .21 $ 7217.50 Percentage of Distribution 30 .36 69.64 Amount to be distributed 1,734.95 3,979 .65 NOW, THEREFORE, BE IT RESOLVED, that in accordance with the percentages above set forth that there be paid to the Village of Mamaroneck 69.64 of the net proceeds of $,5,714.60 or $3,979.65 . FURTHER RESOLVED, that this disbursement be made from the receipts of the aforementioned transaction. The Supervisor presented the following statements which were ordered placed on file : Statement of Bank Balances as of Febru- ary 1, 1946; Claims audited and paid by the Comptroller from January 16 to February 6, 1946 . The Supervisor stated that he had at hand five offers to settle taxes on the basis of the face amount of the tax liens with interest at six per cent, which offers he recommended. On motion by Councilman Embury, seconded by Councilman Stiner, it was, upon roll call , unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment in the sum of $1,082.74 from Mr. Wm.J.W. Merritt for the following taxes on property known as Block 949, Parcel 105, at the face a mount of the liens plus interest at the rate of six per cent from the date of sale: Near of Sale Total Tax Lien 1939 $ 177.33 1940 161 .25 1941 158.89 1942 153.30 1943 152.15 1944 140.86 1945 138.96 On motion by Councilman Embury, seconded by Councilman Stiner, it was, upon roll call, unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment at the face amount of the tax liens with interest at the rate of six per cent from the date of sale to the date of payment, from Title Guarantee and Trust Company, for the following tax liens, as follows: Block 713, Parcel 348 Year of Sale Total Tax Lien 1942 $ 186.68 1943 195 .79 1944 190.66 1945 199 .90 921 Block 713, Parcel 217 Year of Sale Total Tax Lien 1942 155.70 1943 163. 27 1944 159.01 1945 166.75 Block 713, Parcel 193 - 1942 100.36 1943 105 .22 1944 102.48 1945 83.87 Block 713, Parcel 142 1942 78.22 1943 82.02 1944 79.87 1945 60 .20 Block 713, Parcel 68 1942 28.43 1943 29.77 1944 29 .01 1945 30.59 On motion by Councilman Embury, seconded by Councilman Stiner, it was , upon roll call , unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment at the face amount of the -- tax liens with interest at the rate of six per cent from the date of sale to the date of payment, from Nathan T. Seeley, for the following tax liens on property known as Block 833, Parcel 30 ; Year of Sale Total Tax Lien 1936 13.32 1937 24.13 1938 45 .92 1939 46. 69 1940 22.05 1941 39.65 1942 37. 05 1943 35 .41 1944 31 .45 1945 29 .73 On motion by Councilman Ernbury, seconded by Councilman Stiner, it was, upon roll call , unanimously RESOLVED, that the receiver of Taxes:; and Assess- ments be and he hereby is authorized, empowered and directed to accept payment at the face amount of the tax liens with interest at the rate of ,six per cent from the date of sale to the date of payment, for the following tax liens on property known as Block 404, Parcel 85: 923 Year of Sale Total Tax Lien 1939 $313.98 1940 283.09 1941 264.78 1942 243.52 1943 230 .32 1944 170 .36 1945 157 .73 FURTHER RESOLVED, that the Receiver of Taxes and. Assessments be and he hereby is authorized, empo- wered and directed to assign the above mentioned tax liens to Thomas K. Kearney, 35 West Brookside Drive, Larchmont, N.Y. On motion by Councilman Embury, seconded by Councilman Stiner, it was upon roll call, unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to accept payment at the face amount of the tax liens with interest at the rate of six per cent from the date of sale to the date of payment, for the following tax liens on property known as Block 113, Parcel 346: Year of Sale Total Tax Lien 1940 $ 228 .73 1941 214.04 1942 196.97 1943 186.39 1944 147.38 1945 136.62 FURTHER RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized, em- powered and directed to assign the above mentioned tax liens to Charles Deshensky, 170 Myrtle Boulevard, Larcbmont , N.Y. The Supervisor recommended the following resolution, which was on motion by Councilman Stiner, seconded. by Councilman Viatson, upon roll call , unanimously adopted. WHEREAS, the Town Superintendent of Highways did on the 15th day of January, 1946, duly recommend the pur- chase of certain equipment pursuant to the provision of Section 142 of the Highway Law, and a. notice of such recommendation has been duly published as pro- vided in such section, NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 142 of the Highway Law the Town Superintendent of Highways is hereby authorized to purchase from H.T. Flinn Voter Co. with the approval of the County Superintendent of Highways: One new 1946 Ford 134" Chassis Cab, equipped with twospeed axle , tires - rear four (4) - 8.25 x 20 ten (10) ply, front two (2) 7.50x20 eight (8) ply. This Chassis to be specially fishplated and is to be equipped with a 2-1/2 yard water level Gar Wood dump body with extra large 7" hoist. for a total price of Two Thousand Eighty-five ($2,085 .00) Dollars delivered at Mamaroneck, New York, and to be delivered on or about March 18, 1946 . The terms of payment will be as follows; check drawn on machinery Fund - $2,085.00 A contract, of purchase for the item purchased shall be duly executed between the Town Superintendent of Highways and such vendor, and when duly approved by the County Superintendent of Highways, it shall be- come effective . When such contract has been duly executed and approved, the Supervisor is authorized to complete such purchase upon delivery of the item purchased in accordance with the terms of such re- solution and such contract, and to pay the above amount specified to be paid by a check drawn on the Machinery Fund ( Item 3) for $2,085 .00. The foregoing resolution was adopted by the following vote: Ayes: Supervisor Mandeville Councilmen Stiner, Mills, Jr. Watson, Embury Noes: None The Supervisor reported that he was a member of a committee appointed by Mayor Washburn of which Arthur W. Coombs was chairman, composed of representatives of various organizations within the Larch- mont Postal District, relative to the creation of a veteran' s service center. He said that the committee had met several times and it was their recommendation to create the post of a veteran' s director at a salary of $4,200. for the purpose of administrring veterans' needs. It was pointed out by the members of the Board that no provision for this expenditure was included in the Budget. Also, that it could not be a general town charge due to the fact that the Village of Mamaroneck is already paying for a director. The Town Attorney also pointed out that the Attorney-General had ruled that towns could not pay the salary of a director although office expenses could be furnished by municipalities . Councilman Watson asked if any consideration was given to the possibility that the Community Chest underwrite this expense . The Supervisor said that the Community Chest suggestion was worth while looking into and that he would report back on this at the next meeting. He also suggested that the members of the Board give this matter further thought. The Supervisor next brought up the question of the U.N.O . locating in Westchester County. He said that County Executive Gerlach had made an exhaustive study of this project and had accompanied the members of the U.N.O. Committee on their tour of inspection of the various sites . He said that "Mr . Gerlach' s report was presented at the last meeting of the Board of Supervisors in which he approved the site chosen together with certain ramifications, some good and some bad. He said that the Board of Supervisors voted to appoint a special committee to consider Mr. Gerlach' s report and arrange for public hearings if necessary. Following discussion it was the consensus of the Board that such public hearings should be held on this matter, and on motion by Councilman Mills, Jr. , seconded by Councilman Watson, the following resolution was adopted: WHEREAS, at a meeting duly held on February 4th, 1946, the Board of Supervisors of Westchester County passed a resolution, directing its Chairman to ap- point a Committee to study the report of the County Executive in regard to the United Nations Organization site ; and WHEREAS, such Committee has been duly appointed, with power, in the discretion of its members, to hold pub- lic hearings; NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Committee of the Board of Supervisors, to hold such public hearings at such times and at such places as it con- siders advisable; and FURTHER RESOLVED, that a copy of this resolution be forwarded by the Tom Clerk, to the Clerk of the Board. of Supervisors of Westchester County. Councilman Stiner reported that a meeting of the Examining Board of Plumbers was held on January 26, 1946, for the purpose of examining Mr. Joseph E. Karl, 282 E. Third Street, Mount Vernon, N.Y. He said that the application had passed the test very favorably and was granted a Certificate of Competency. Councilman Hills reported that he had had a conference with County Executive Gerlach on the veteran housing problem and said that Mr. Gerlach would be willing to do anything to help out in that respect. He mentioned the fact that Mamaroneck was one of three communities that had consulted with Mr. Gerlach with respect to forming a county committee to study the housing situation. Councilman Mills informed the members of the Board that at the present time the Fire House is insured for $40 ,000. , the alarm system for $5,000. ,and the furniture and fixtures for $2,000. He recom- mends the insurance on the building be increased. to 4' 60,0001 Following discussion the members of the Board agreed that the insurance on the building be increased to $60,000. and Councilman Mills was also authorized to have an appraisal made of the contents of the building to determine the amount of insurance to be carried on them. There was also discussion as to whether to increase the limits covering volunteer firemen and policemen going to and from a fire, and it was agreed that the coverage is sufficient. Councilman Mills suggested that the insurance on the American LaFrance Pumper ( Betsey Ann) be increased from $5,000. to $8,000. and on the American-LaFrance Hock & Ladder be increased. from $5,000. to $10,000. After discussion the Board agreed that the coverage is su-'- ficient on this equipment . Councilman Mills pointed out that there would be a saving of $249.00 if the Volunteer Firemen' s Liability insurance now written by Brewer Insurance Agency would be written on a three-year basis . '929 Following discussion, it was on motion by Councilman Pulls, seconded by Councilman Stiner, upon roll call , unanimously RESOLVED, that the Volunteer Firemen' s Liability insurance policy be written for a period of three years conmencing January 1, 1946 and expiring on December 31, 1946: in order to effect the above savings; and be it FURTHER RESOLVED, that the Supervisor is hereby authorized to advance from surplus in General 'own funds the amount necessary to pay this additional premium which amount shall be reimbursed to the General .Fund in the 1947 Budget appropriation from the Fire, Light and hater District #1. Councilman Llills informed the members of the Board that the Department is in urgent need of a new pump for the Back Truck equipment and recommended the purchase of same at a cost of $850.00. Councilman Watson recalled that he had examined the equipment and stated that the present pump is not very usable in view of its characteristics. He added that there is some merit to the recommendation made by Councilman Mills. Following discussion, it was on motion by Councilman Mills. seconded by Councilman 'Watson, upon roll call , unanimously RESOLVED, that Fire Chief Burton is authorized to purchase a new pump for the Mack Patrol Wagon at a cost not to exceed $850. , and FURTHER RESOLVED, that there is hereby transferred to the 1946 Budget the sum. of $150 . from the Equip- ment appropriation of the Fire Department Budget to Modernization of equipment appropriation in the same Bud get . Councilman Mills informed the members of the Board that due to the absence of three of the paid men on account of illness it ne- cessitated putting on one more man to take care of the slack. The Fire Department is asking if the salary of this new man could be paid out of the Emergency Fund Account. Mr. Eills was informed that this could not be done as the Emergency Fund is a General Town eiharge . Councilman Mills stated that he had at hand a number of Fire Department bills 'totaling " $1,397 .90, which he had checked and recommended the approval of the bills as presented . The members of the Board sitting as the Board of Fire Com- missioners considered the claims, and on motion by Councilman Mills, seconded by Councilman Stiner, it was, upon roll call, unanimously RESOLVED, that the following described claims be and they hereby are approved and the Supervisor and Comp- troller be and they hereby are authorized to pay same out of the budget for the Fire Department; Burton & Fenton, Inc. 3.84 Chatsworth Oil & Heating Co. , Inc. 45.98 Eureka Fire House Division United Stated Rubber Company 19.57 93 ;1. William K. Fordyce 33.35 Hillside Service Station 4.55 Hospital Supply. 2: V:Iatters Laboratories 9.18 Leading Tire Company 11 .40 Mamaroneck Plumbing Supply Co. 24.01 G.W. Merrell 16.66 L . Earl Millers, Inc . 6.88 New York Telephone Co . 53.87 Wesco Paint & Glass Co. 10.98 - Westchester Joint Water Works #1 12.00 Westchester Lighting Co. 8.00 Westchester Lighting Co. 39.62 Eureka Fire Hose Division United States Rubber Co. 40.76 Eureka :Fire Hose, Div. TJ.S. Rubber Co. 148.25 48.00 Turnbull Agency, Inc . 31 .00 Brewer Insurance Agency 830.00 Grand Total 4 1,397.00 Town Attorney Delius informed the members of the Board that he was in receipt of a claim for damages made by 111rs. Sarah Mirabelli stating that she had dislocated her right shoulder as the result of tripping on a hole in front of her residence at Forest Avenue , on August 11, 1945. The claim for damages amounts to B500 . The Town Attorney said that he and Mr. Foote and the Police Department had in- vestigated the matter. He displayed pictures that were taken of the hole and said that the street has no sidewalk and no curbs . The notice of claim was duly filed and he asked the members of the Board what their wishes were in the matter. Following discussion the members of the Board decided that Attorney Delius try to settle this claim. The Town Attorney stated that he had a request from Julian E lfenbein asking that he be allowed to discontinue the suit now pending against the Town for flood water damage in 1942, provided that a judgment for costs against him on an appeal from a preliminary motion be cancelled and satisfied. The amount of this judgment is $94.46 and the judgment was entered on June 1, 1944. The suit asked for $15,000 in damages . Following discussion, it was on motion by Councilman Embur7, seconded by Councilman Stiner, upon roll call, unanimously RESOLVED, that upon discontinuance of the action now pending upon which Julian and Lucille Elfenbein are plaintiffs against the Town of Mamaroneck the judgment and costs entered against them on June 1, 1944, in the amount of $94.46, be cancelled and satisfied, and the Town Attorney be instructed to prepare the necessary papers and the Supervisor authorized to execute same . The Town Attorney recommended the following resolutions and on motion by Councilman Embury, seconded by Councilman Stiner, upon roll cal__l , unanimously adopted: I WHEREAS, heretofore a writ: of certiorari was ob- tained by Joseph L Morse, owner of property des- cribed on the assessment map and assessment roll of the Town of Mamaroneck as Block 943, Parcel 37, to review the assessment for the year 1945 ( tax of 1946) ; and 933 WHEREAS, the Assessor and Board of Review of the Town of vamaroneck, duly filed a return to said writ, and no further proceedings have been had; and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment from $51,000. to $41,000 . , NOW, THEREFORE, BE IT RESOLVED, that the assessment for the year 1945 tax of (1946) upon the property owned by Joseph L. Morse; and described unon the assessment map and assessment roil of the Town of Mamaroneck as Block 941, Parcel 37, be reduced as follows: FROM Block Parcel Land Improvexge.nts Total 941 37 (%25,000 $26,000 051,000 TO 941 37 025,000 516,000 041,000 Provided that the certiorari proceeding now penel- ing in the name of Joseph L. Morse , for the year 1945, (tax of 1946) be discontinued without costs against the Town of Mamaroneck. FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary sti- pulation to obtain an order of the Supreme Court providing for such reduction. On motion by Councilman Eribury, seconded by Councilman Mills, the following resolution was, upon roll call, unanimously adopted: WHEREAS, heretofore a writ of certiorari was ob- tained by WINGED FOOT HOLDING CORPORATION, OWNER of property described on the assessment map and assessment roll of the Town of Mamaroneck as Block 347, Parcel 1, to review the assessment for the year 1945 (tax of 1946) ; and WHEREAS, the Assessor and Board of Review of the Town of Mamaroneck, duly filed a return to said writ, and no further proceedings have been had; and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of -the assessment from ($687,000 to $675,000, NOW, THEREFORE, BE IT RESOLVED, that the assessment for the year 1945 (tax 1946) upon property owned by Winged Foot Holding Corporation, and described upon the assess- ment map and assessment roll of the Town of iviamaro- neck as Block 347, Parcel 1, be reduced as follows: a£ t 9dP FROM Block Parcel Land Improvements Total 347 1 IS87:000 $1000000 Q07,000 347 1 $5751000 $100,000 $675,000 provided that the certiorari proceeding now pending in the name of Winged. Foot Holding Corporation, for the year 1945 ( tax of 1946) be discontinued without costs against the Town of Mamaroneck. FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary sti- pulation to obtain an order of the Supreme Court providing for such reduction. At 10:45 P.M. the Board unanimously resolved to adjourn. Town Clerk