HomeMy WebLinkAbout1944_06_07 Town Board Minutes REGULAR FETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD JUNE 7, 1944
In the Council Room of the Weaver Street Firehouse , Town of
Mamaroneck, New York.
The meeting was called to order by Supervisor Mandeville
at 8:15 P.M. (Eastern War Time) .
Present: Supervisor Mandeville
Councilmen Griffin, Stiner and Keeler
Absent: Councilman Embury
The presence was also noted of Town Clerk Payne , Attorney
Delius and Comptroller Orsino.
The minutes of May 23 , 1944, were approved as presented.
The Supervisor asked if there was any one present who wished
to address the Board.
Mr. Frank J. Zwick, Attorney for the County Transportation
Company, Inc. stated that he , Mr. Thomas Smith, Manager , and Mr.
Edward J. Brown, Dispatcher of the same Company were present to at-
tend the public hearing to be held on the application of the Scarsdale
Bus Company.
The Supervisor asked if there was any one else present who
had other business to transact. There being no one, he recommended
that the Town Clerk present and read the affidavit of publication of
the notice. The Town Clerk presented and read the affidavit of publi-
cation by The Daily Times , the official newspaper , of the notice which
appeared in the issue of May 26 , 1944.
The Supervisor asked if there was any one present from the
Scarsdale Bus Company and there was no reply.
The Supervisor then asked Mr. Zwick if he had anything to
say in connection with this application. Mr. Zwick explained that
they were present to enter objections to the consent being granted to
the Scarsdale Bus Company. He presented written copies of the decisions
given by the Public Service Commission in the years 1942 and 1943 on
the application of the Scarsdale Bus Company to operate on the route
referred to in the application before the Town Board.
The Supervisor explained that the Town Board was interested
in providing the citizens of the Town with adequate transportation
facilities and, if it was at all possible , to have another line to
operate and relieve the people of standing in crowded busses , he
believed that it might be well to have this extra line.
Mr. Zwick continued his objection and called upon Mr. Brown
to explain some of the details in the operation of busses and the
requirements during certain hours.
There was general discussion after which the members of
the Board decided to defer action until the Scarsdale Bus Company pro-
vides the Board with a proposed time table schedule and a list of the
fares to be charged.
The Town Clerk called to the attention of those present
that there was at hand a letter dated June 7, 1944, from Mr. E.R. Brumley,
General Attorney of the County Transportation Company, Inc. , requesting
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that the Town Board extend its consent for an additional period of
at least one hundred eighty (180) days - which consent had been
granted on December 5, 1943 - with the time limit expiring within
the next two weeks.
Following some discussion Councilman Griffin offered the
following resolution which was seconded by Councilman Keeler and,
upon roll call, unanimously adopted:
WHEREAS , heretofore and on the 15th of December ,
1943 , this Board granted to County Transportation
Company, a permit pursuant to Sections 66 and 67
of the Transportation Corporations Law, to operate
buses over a public street in the Town of Mamaroneck,
known as Palmer Avenue and between the New Rochelle
Cite line and the Village of Larchmont line; and
WHEREAS, it was provided among other things that
unless operation of the buses , contemplated by such
consent or permit , was begun on or before 180 days
from the date of the resolution, and County Tran-
sportation Company having appeared before this Board
applied for an extension of such permit , insofar as
the actual commencement of operation is concerned,
NOW, THEREFORE , BE IT
RESOLVED, that the permit heretofore granted De-
cember 15th, 1943 , to the County Transportation
Company , shall continue in force provided operation
of buses contemplated thereby is commenced on or
before 180 days from June 12th, 1944, which is the
time within which operation must be commenced.
The Supervisor suggested that the meeting proceed with the
regular order of business.
A letter dated May 26, 1944 received from the Mamaroneck
Lodge of Elks , signed by B.J. Santoro, Chairman of The Flag Day Com-
mittee , calling attention to the services to be held , was read. Copies
of the letter were ordered made and sent to the members of the Board.
A letter dated June 9, 1944 was received from Mr. Burton C.
Meighan, Chairman of the Mamaroneck Republican Town Committee stating
that the Committee recommended. for consideration the return by re-
appointment of the following gentlemen to the Board of Review: Messrs.
Munroe Stiner , Percy M. Bibas and Eugene Riviere.
The Supervisor asked if there were any other recommendations
and there being none , he offered the matter for discussion following
which it was on motion by Councilman Griffin, seconded by Councilman
Keeler upon roll call
RESOLVED, that in pursuance of Section 7a of the
Westchester County Tax Act , a Board of Review is
hereby appointed, to consist of three members , all
being resident tax payers of the Town, who shall
serve at the pleasure of the Town board as follows:
Munroe Stiner , who is to serve as such member in
addition to his duties as Councilman of the Town
of Mamaroneck; Percy M Bibas and Eugene Riviere.
FURTHER RESOLVED, that the compensation of Percy
M. Bibas and Eugene Riviere is hereby fixed at the
sum of $250. each and that Councilman Stiner serve
as member of the Board of Review without compensation
as a member of such Board.
tn,'7
A vote on the foregoing was as follows:
AYES: Supervisor Mandeville
Councilmen Griffin and Keeler
NOES: None
NOT VOTING: Councilman Stiner
A letter dated June 7, 1944 was received from Edward J.
Payne, real estate broker , with a check in the sum of $100. made by
hirs. Artemise Casanave as proof of good faith for th e purchase of
Parcel 169, Block 942 for the total sum of $800.
Following some discussion Councilmen Keeler and Stiner
were appointed as a committee of two to inspect the property, to
discuss the matter with the Village of Mamaroneck and to report back
at the next meeting.
The following reports for the month of May were received
and ordered filed: Report of the Receiver of Taxes; Report of the
Plumbing Inspector; Report of the Building Inspector; Report of the
Westchester County Dog Protective Association; Report of Health Center.
A letter dated June 7, 1944, was received from Mr. Harold B.
Payne of No. 12 Lafayette Road, the Town, in which he complained of the
use of property nearby as a dumping ground. He requested that it be
discontinued.
Councilman Stiner reported that inspectors from the County
Health Department had made an inspection of the dump and that their
verbal report was that the dump was in good order and that it was a
benefit to the community because a mosquito breeding swamp was being
filled in. He stated that no doubt a written report would be received.
The Town Clerk was directed to advise Mr. Payne that the
matter was receiving the full attention of the Town Board and that a
written report was expected from the County Health Department.
Councilman Griffin presented the following reports which
were ordered received and filed: Report of the Supervisor; Report of
Bank Balances as of 9 a.m. June 7, 1944; Report of claims audited and
paid by the Comptroller from May 23 to June 6 , 1944.
He advised the Board that the report of the Department of
Welfare for the month of May had not as yet been filed and that , no
doubt , it would be received in time for the next meeting.
lie presented the following petitions received from the
Assessor for the correction of the assessment roll so as to permit the
apportionment of taxes.
On motion by Councilman Griffin, seconded by Councilman
Stiner, the following resolution was , upon roll call , unanimously
adopted:
- THEREAS, 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 the correction
of said assessment roll;
J
NOW, THEREFORE , BE IT
RESOLVED, that the assessment roll for the year
1943 , taxes of 1944, which shows the property now
appearing on the roll as follows :
Section Block Lot Owner Land Imp. Total
2 28A Wilbur F. Palmer $24,000 $5,000 $29,000
(213-175)
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33 :
Section Block Lot Owner. Land Imp. Total
2 28A Wilbur F. Palmer $23 ,600 $5,000 $28,600
(213-175)
2 28A John M. Derwin & 41. 400 400
(213-91)
FURTHER RESOLVED, that the assessment roll for
the year 1944, taxes of 1945, which shows the
property now appearing on the roll as follows:
Section Block Lot Owner Land Imp. Tootal
2 28A Wilbur F. Palmer $24,000 $5,000 $29,000
(213-175)
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33 :
Section Block Lot Owner Land Imp. Total
2 28A Wilbur F. Palmer $23 ,600 $5,000 $28,600
(213-175)
2 28A John L. Derwin & V/. 400 400
(213-91)
Councilman Keeler reported that Mr. Emil Gurdin, Attorney
for the Fordham Transit Company, had filed evidence of insurance coverage
for Public Liability in the amounts of $95,000/250 ,000; also Property
Damage $5,000/50,000 limits. Also a General Accident Policy in the
amount of $5,000/50,000 limits.
He said that he had examined same and found the papers to be
in order. It was ordered filed.
Councilman Keeler , in reporting on matters in connection with
the Fire Department , presented and read a letter dated June 7, 1944,
received from Chief Burton in which the Chief stated that some 'reeks
ago he had talked with the Supervisor about an additional $100. to
meet the expenses of the Fire Inspection. The Chief requested that
this amount be appropriated to complete the payment of the obligation.
There was full discussion following which Councilman Keeler
moved and Councilman Stiner seconded and it was, on roll call , unani-
mously
RESOLVED, that the Supervisor and the Comptroller be
and they hereby are authorized to appropriate $100.
from the Miscellaneous Fund of the Fire Department
for the purpose of costs in connection with the
inspection of the Fire Department held on May 30th
and that bills and claims for same be audited and
paid.
Councilman Keeler referred to the communication, received
from the Village of Mamaroneck by the Supervisor and passed on to the
members of the Town Board , in connection with the property known as
Block 823 , Parcel 9, for which an offer had been received for part
thereof from the Westchester Wholesale Warehouse Corp. in the amount
of 83500. on terms.
He said that he believed that the offer was inadequate.
Following some discussion by the members of the Board it was
decided that Councilman Keeler and Councilman Stiner confer with the
-- Village officials and make an inspection of the property. It was
the general opinion of the members of the Board that the property is
of greater value than the offer.
The Supervisor presented a letter dated June 6 , 1944, received
from the Atlantic Municipal Corporation, in which they offered to pur-
chase by assignment certain tax liens held by the Town, on Block 661,
Parcel 513 and Block 820, Parcel 217.
Following some discussion it was on motion by Councilman
Stiner , seconded by Councilman Griffin, upon roll call, unanimously
RESOLVED, that the Receiver of Taxes and Assess-
ments be and he hereby is authorized, empowered and
directed to accept the sum of $359.34 in payment of
the following tax lien on Block 611 , Parcel 513 , to
be assigned to Atlantic I1unicipal Corporation,
New York, N.Y.
Tax Sale Amount of Interest at Total
Year Year _ Lien—_
_ 1942 1943 $ 337.41 $21.93 $359.34
FURTHER RESOLVED, that the Receiver of Taxes and
— Assessments be and he hereby is authorized and
empowered and directed to accept the sum of $278.62
in payment of the following tax lien on Block 820,
Parcel 217, to be assigned to the Atlantic Municipal
Corporation, New York, N.Y.
Tax Sale Amount of Interest at Total
Year Year Lien 6% �___
1942 1943 $ 261.62 517.00 .x,278.62
The Supervisor presented a letter dated June 6 , 1944, received
from Yr. Philip Zvirin of the Boehm & Co. Real Estate Office , in which
Mr. Zvirin stated that there was some misunderstanding as to the offer
submitted for the settlement of certain tax liens against property known
as iB'190t 405, Parcel 396. In the letter he re-stated the offer being
submitted by his client , Pear. Paddock.
The members of the Town Board pointed out that at the time
the resolution was adopted the Town Board could not act upon 1943 liens ,
and through a misunderstanding Mr. Zvirin must have assumed that the
action on these liens had taken place.
Following lengthy discussion, upon motion by Councilman Keeler ,
seconded by Councilman Griffin, it was , upon roll call , unanimously:
RESOLVED, that the resolution adopted at the meeting
of April 5, 1944 compromising payment of certain tax
liens on Block 405, Parcel 396, be and it hereby is
rescinded.
The Board further discussed the settlement of payment of
liens on the above following which Councilman Keeler moved and Council-
man Griffin seconded the following resolution which was unanimously
approved on roll call:
RESOLVED , that the Receive' of Taxes and Assess-
ments be and he hereb, is authorized, empowered
and directed to transfer by assignment the fol-
lowing described liens to H.W. Paddock, 80 Howell
Avenue , Larchmont, N.Y. , for property known as
Block 405, Parcel 396.
FURTHER, that he be authorized to accept the sum
of $400.00 in payment of same.
State ,County
Year of Year of Town & District- School
Levy Sale Taxes _Tax _
1937 1938 $ $ 20.26
1938 1939 50.24 20.49
1939 1940 74.20 30.93
1940 1941 74.18 31.77
1941 1942 74.88 30.73
1942 1943 77.22 31. 83
1943 1944 64.11 26.22
$ 414.$3 X19'2-73
The Supervisor informed the Board that , while definite plans
have not been completed in connection with the throughway , there were
rumors among the State officials to the effect that if it is to be
constructed that it will not follow the Pelham-Port Chester Parkway
right of way.
The Supervisor asked Town Attorney Delius if he wished to
make a report.
The Town Attorney recommended and Councilman Keeler introduced
the following resolution:
RESOLUTION AUTHORIZING THE ISSUANCE OF TAX LIEN
CERTIFICATES OF INDEBTEDNESS OF THE TOWN OF MAMARONECK`,
IN THE COUNTY OF WESTCHESTER, NEW YORK.
RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK,
IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows:
Section 1. For the purposes authorized by law,
the Supervisor is hereby authorized to borrow an amount
not exceeding $165,000 and to issue Certificates of In-
debtedness of the Town therefor against transfers of
tax liens owned by the Town not otherwise pledged, pur-
suant to the Westchester County Tax Law, constituting
Chapter 105 of the Laws of 1916 , as amended. Each of
said Certificates of Indebtedness shall be designated
"Tax Lien Certificate of Indebtedness" .
Section 2. It is hereby determined and declared:
(a) The Total amount of transfers of tax liens
owned by the Town, covering tax liens included in tax
sales held prior to hay, 1943, not yet redeemed is. . .$656 ,379.62
(b) The total amount of transfers of tax liens
bid in or purchased by the Supervisor on behalf of the
Town at the last tax sale , held in May, 1943 , not vet
redeemed is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$127,876.68
(c) The total amount of Tax Lien Certificates
of Indebtedness heretofore issued and outstanding
against said transfers of tax liens , or any portion
thereof, is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5108,000.00
(d) The total amount of said transfers of tax
liens otherwise pledged in any manner , is. . . . . . . . . .$ none
(e) The total amount of Certificates of In-
debtedness heretofore issued and outstanding in
anticipation of the collection of taxes for the non-
payment of which properties were included in said tax
sales , is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. . . . . . . $200,000.00
(f) All of the Certificates of Indebtedness
referred to in section (0) hereof will be paid
from taxes collected since the issuance of said
obligations and from the proceeds of the Tax Lien
Certificates of Indebtedness authorized herein.
Section 3. The following matters in connection
with said Certificates of Indebtedness are hereby de-
termined:
Date : July 1, 1944
Maturity: Julv 1, 1945
Numbers and De-
nominations: To be determined by the Supervisor
Interest rate : To be determined by the Supervisor
Form: Substantially as determined by
resolution adopted Januar;T 4, 1939,
except that said Certificates shall
- recite that they are issued pursuant
to Chapter 105 of the Laws of 1916 ,
as amended, for money borrowed against
transfer of tax liens owned by the Town.
The Supervisor is hereby authorized to determine all
matters in connection therewith not determined by this or
subsequent resolution and his signature upon said Certi-
ficates shall be conclusive as of such determinations.
Said Certificates of Indebtedness shall be signed by the
Supervisor and countersigned by the Town Clerk and shall
have the corporate seal affixed thereto. The Supervisor
is hereby authorized and directed to sell said certificates
at private sale at not less than par, without advertisement
or public bidding, and to deliver the same to the purchaser
upon receipt of the purchase price , plus accrued interest
from the date of the Certificates to the date of delivery.
Section 4. Any instrument issued pursuant to this re-
solution shall be a general obligation of the Town and the
faith and credit of the Town are hereby pledged for the
punctual payment of the principal of and interest on said
obligations and unless otherwise paid or payment provided for ,
an amount sufficient for such payment shall be inserted in the
annual estimate and a tax sufficient to provide for the pay-
ment thereof shall be levied upon all the taxable property
in the Town.
On motion of Councilman Keeler, seconded by Councilman Griffin,
the foregoing resolution was adopted by the following vote :
AYES: Councilmen Stiner , Griffin and Keeler
NOES : None
NOT VOTING: Supervisor Mandeville
The Town Attorney discussed with the members of the Board
several matters in connection with proceedings brought against the
Town for reduction of assessments.
At 10 p.m. the Board unanimously resolved to adourn.
Town Clerk `