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 .
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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