HomeMy WebLinkAbout1944_10_18 Town Board Minutes 225
REGULAR MEETING OF THE TOWN BOARD, TOWN OF MAMARONECK,
NET YORK, HELD OCTOBER 18, 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, Embury, Stiner , Keeler
Absent : None
The presence was also noted of Town Clerk Payne , Attorney
Delius, Town Engineer and Superintendent of Highways Foote , Assessor
Smith, Comptroller Orsino and Accountant Finson.
The Supervisor announced that Village Manager Wm. H. Johnson
of the Village of Mamaroneck was present and invited Mr . Johnson to sit
in with the Board.
The following letter was handed by Mr. Johnson to the Town
Clerk to be read to the members of the Board:
October 18 , 1944
Town Board
Town of Mamaroneck
Boston Post Road
Mamaroneck, N.Y.
RE: SEC. 9 , BLOCK 66 , LOT 1 - SEIGLE ESTATE
9 11 4-435-441 MAMK AVE
Gentlemen:
I am attaching copies of all bids received on the
above mentioned properties recently advertised for sale;
also tabulation of bids for your convenience.
The high bid on the Seigle Estate was submitted by
Charles L. and Artemise Casanave through the office of
E.J. Payne. This bid of 88,600 all cash was accepted by
our Mayor and Board of Trustees at a meeting held Tuesday
evening , October 19th. Copy of resolution accepting this
offer , subject to the approval of your Honorable Board , is
attached for your information and record.
The high bid on the Mamaroneck Avenue property was
submitted by Gunn Bros. Oil Co. , Inc . through the office of
Barney Epstein, Inc. This bid of 87, 500 has also been ac-
cepted by our Mayor and Board of Trustees , and copy of con-
firming resolution is attached.
--, These accepted bids are submitted to you for your con-
sideration and approval.
Very truly yours ,
( signed) Wm. H. Johnson
Village Manager
227
Copies of the tabulation of the bids were handed to the mem-
bers of the Town Board.
There was discussion and the following resolution was on
motion by Councilman Keeler , seconded by Councilman Stiner , upon roll
call, unanimously adopted:
WHEREAS , the Village of Mamaroneck has heretofore
acquired by deed in lieu of foreclosure , property
known as Section 9, Block 66 , Lot 1 on the assess-
ment map of the Village of Mamaroneck and Block 925,
Parcel 1 on the assessment map of the Town of Maraaro-
neck; and
WHEREAS , the Town of Mamaroneck owns certain tax liens
upon the same property representing arrears of taxes
due it which were heretofore levied against the pro-
perty; and
WHEREAS , the Village of Mamaroneck, by resolution duly
adopted September 17th, 1944, accepted an offer through
Edward J. Payne , a broker , on behalf of Charles L.
Casanave and Artemise Casanave , his wife , in the amount
of $8,600 , which acceptance , however , is conditioned
upon similar action being taken by the Town Board of
the Town of Mamaroneck; and
WHERFAS , this Board considers it to the best interests
of the Town of Mamaroneck to approve such offer and to
authorize the sale to the end that the property may be
sold free and clear of all taxes which were a lien at
the time of the conveyance or transfer of the property
to the Village of Mamaroneck, provided the proceeds of
such sale are divided between the Town and Village in
such proportion as is represented by the taxes due to
each as of the date of the acquisition of the property
by the Village,
NOW, THEREFORE , BE IT
RESOLVED, that the Town Board of the Town of Mamaroneck
agrees that the property known as Section 9 , Block 66 ,
Lot 1 on the tax assessment map of the Village of Mamaro-
neck and Block 925, Parcel 1 , upon the assessment map
of the Town of LTa.maroneck, be sold for $8,600.
FhRThER RESOLVED, that the net proceeds of such sale ,
after payment of taxes which became a lien subsequent
to the date of acquisition of the property by the Vil-
lage , broker ' s commission and other charges necessarily
and legally incurred by the Village in acquiring said
property, be divided between the Town and Villa€e pro-
portionately as to the amount due each as of the date
of such sale.
On motion by Councilman Stiner , seconded by Councilman T eeler ,
the following resolution was , upon roll call , unanimously adopted
-- WHEREAS , an offer has been received from Barney
Epstein, a real estate broker representing Gunn
Bros. Oil Company , to purchase property knocrn as
Bloc-: 901 , Parcel 126 on the tax assessment map of
the Town of Mamaroneck and known as and by the street
number , 435 to 444 on Tamaroneck Avenue in the Vil-
lage of Mamaroneck, upon the following terms :
Seven thousand five hundred ($7,500) Dollars ,
40% of which is to be in cash, and 600 of
which is to be represented by a Purchase Money
mortgage , which mortgage shall run for a term
of five (5) years bearing interest at the rate
of five per cent (5%) per annum and is to be
amortized at the rate of four per cent (4%)
per annum. Both interest and amortization
shall be payable in quarterly instalments and
the principal sum remaining shall become due
and payable at the termination of five years
from the date of the signing of said mortgage ;
and
WHEREAS , the Village of Mamaroneck has , by resolution,
indicated its approval of such offer or bid upon the
terms and conditions stated therein,
RESOLVED, that the Town Board of the Town of Yamaroneck
(the Board of Trustees of the Village of Mamaroneck con-
curring) hereby accept the offer of Gunn Brothers Oil
Company , as made through Barney Epstein.
FURTHER RESOLVED, that the Town Attorney is hereby di-
rected to prepare a contract of sale providing for the
sale of property by the Town, upon the terms and con-
ditions hereinabove stated and that the Supervisor of
the Town is authorized to sign such contract when the
same has been prepared , upon receipt of $375 as the de-
posit under such contract. -
Manager Johnson stated that he believed that both the Town
Board and the Village Board had done very well for the taxpayers. That
the sales of these properties were handled in such a manner that the
communities had gained as high as seventy-five per cent over the
original offers received.
The Supervisor stated that being as it is that matters of
mutual interest were being discussed that it would be well to consider
the letter dated October 13 , 1944, received from Mr. Johnson with re-
ference to the Swift Estate.
It was stated in the letter that for years Mr. Johnson had
been trying to get permission from the owners of the Swift Estate
known as Block 906 , Parcels 294, 296 , on the assessment map of the
Town, to remove the old structure at no cost to the owner and that this
had been done with no success. He informed that the attorney for the
Swift family has recently offered to deed the property to the Village
for $150.00.
It was stated that in view of the tax arrears and the fact
that a foreclosure by the Village would cost approximately $250.00 ,
the Village Board felt that they should pay the $150. for the deed
and request the Town Board to pass a resolution approving of this.
Following discussion, it was on motion by Councilman Keeler ,
seconded by Councilman Embury , upon roll call , unanimously
RESOLVED, that the proposed suggestion made by
the Village Board of Trustees , as stated in Vil-
lage Manager Johnson' s letter of October 13 , 1944,
in connection with obtaining the deed to the Swift
Estate in lieu of foreclosure and charging the ex-
penses thereof to the Property Account , is hereby
approved.
231
Another matter , the Supervisor said, is the file that had
been referred to Attorney Delius on the offer of Yr. Jules M. Gorlitz
for the purchase of property known as Block 942 , Parcel 710 on the -
assessment map of the Town. He presented the following letter re-
ceived from Mr. Gorlitz in reply to a letter from Mr. Delius:
October 9 , 1944
Mr. John L. Delius
Town of Mamaroneck, N.Y.
Dear Sir:
I acknowledge , with thanks , receipt of your letter
of October 5th together with my check for $750.00.
I accept your offer to sell lot #942 , parcel 710 ,
for the sum of $600.00. I have already given the
check to Mr. Edward J. Payne with instructions to
deliver same to vou.
Will you please be kind enough to immediately send
me your contract of sale for signature as , at this
time , I want to put this lot in condition before the
frost sets in.
Would appreciate your expediting this matter.
Very truly yours ,
( signed) Jules M. Gorlitz
CC Mr. Johnson
- Village Mgr.
Mamaroneck, N.Y.
CC Edward J. Payne
The Supervisor asked fur. Johnson if the Village Board would
be agreeable in accepting this offer.
Mr. Johnson replied that a resolution first passed by the
Town Board would be necessary as the Town is the owner of record, and
that the Village Board would then consider the sale. He said that he
believed that the Village Board might accept this offer.
The Supervisor stated that there was some question as to
which one of two brokers should be recognized.
Manager Johnson advised that Mr. Walter Haeger had written
a letter to the Village waiving his right to any commission, a copy of
which he believed was sent to the Town.
The Supervisor stated that that was correct but that he be-
lieved that in order to clear the question up because of some remarks
that it might be well to have the purchaser , Mr. Gorlitz , and each of
the brokers attend the next regular meeting of the Board.
The Town Clerk was requested to write letters to the gentlemen
and invite them to attend the next meeting.
The Supervisor thanked Mr. Johnson for attending the meeting
and stated that he believed both administrations were making progress.
Mr. Johnson stated that he was glad to be at the meeting and
believed both Boards were making good headway in clearing up these real
estate matters.
The Supervisor announced that it was in order to hold the
public hearing on the amendments to the Park Ordinances of the Town.
The Town Clerk presented the affidavit of publication of the
notice which was published in the Daily Times on October 5, 1944.
The Supervisor asked if there was any one present for or
against the adoption of the proposed amendments. There being no one
he asked what the pleasure of the Board would be.
Councilman Embury moved and Councilman Griffin seconded the
following resolution, which was upon roll call , unanimously
RESOLVED, that the Park Ordinances of the Town of
Mamaroneck are hereby amended to read as follows:
(a) Section 8 of the Park Ordinances of the Town
of Mamaroneck as heretofore adopted by this Board
on February 3 , 1937 is hereby repealed and a new
Section 8 is hereby adopted to read as follows:
Section 8: Pollution, Littering, Rubbish and Refuse.
No person shall throw, place , deposit , drop, excrete ,
discharge , or leave or suffer or permit any person
or animal in or under his or her charge , custody,
or control to throw, place , deposit , drop , excrete
discharge , or leave in or on any park, or any waters
therein or any lawns , paths , walks , roads , drives ,
or parkways thereof any garbage , offal , organic
refuse , urine , fecal or other offensive matter ,
ashes , cinders , stone , dirt,, filth, dross , rubbish ,
grass , leaves , paper , pasteboard , wood , metal , fruits ,
vegetables , other foodstuffs , vehicles or parts there-
of, or any manufacturing , trade , or household waste ,
--! or any other refuse material , or any substance or
-- material of any nature whatsoever.
(b) Section 16 of the Park Ordinances of the Town
as heretofore adopted by this Board on February 3 ,
1937, is hereby repealed and a new Section 16 is
hereby adopted to read as follows :
Section 16 : Dogs and Other Animals .
No person owning or having the charge , custody , or
control of any animal shall cause , suffer , or permit
such animal to go at large in any park or park street.
No person owning or having the charge , custody or con-
trol of any dog shall cause , suffer or permit such dog
to enter , be brought into or remain in or on any park
or park street except that a dog may be taken or led
through a park if continuously restrained by a leash
not exceeding six (6) feet in length , and if continuously
confined to a hard surfaced path , walk, road , or drive
and not allowed to enter in or upon any park waters or
park lawn, and if not suffered or permitted to stop,
tarry , loiter , or commit any nuisance in or upon any
such park area.
FURTHER RESOLVED , that the Town Clerk is hereby author-
ized to publish a notice of the adoption of this reso-
lution in the official newspaper and to cause printed
copies thereof to be posted conspicuously in at least
3 public places of the Town of Mamaroneck, as provided
in Section 133 of the Town Law.
The Supervisor suggested that the Board take up the regular
order of business .
The minutes of October 4 , 1944, were approved as presented.
The Town Clerk informed the members of the Board that the
three constables had filed their oaths of office and that the Public
Officials ' Bonds had been turned over to the Town Attorney for his
- approval.
The Town Attorney presented the bonds which had been marked
with his approval.
On motion by Councilman Keeler , seconded by Councilman Stiner ,
upon roll call , it was unanimously
RESOLVED, that the Public Officials ' Bonds for
the office of constable hereinafter described
be and they hereby are approved and that the
Town Clerk be directed to file same in accord-
ance with the Law:
Sun Indemnity Co. of New York, Bond No. 113964,
in the amount of $2500 . , Bernard Amoruso, Principal.
Sun Indemnity Co, of New York, Bond No. 113965,
in the amount of $2500. , Joseph DiBuono , Principal.
Sun Indemnity Co. of New York, Bond No. 113966 ,
in the amount of $2500. , Rocco V. Nigliaccio ,
Principal.
A copy of a Public Notice dated October 17 , 1944 , was re-
ceived from the State of New York Public Service Commission in which
it was advised that a public hearing will be held in the matter of the
petition of Fordham Transit Co. Inc . for a certificate of public con-
venience and necessity for the operation of an omnibus line through
the Town. The hearing will be held at 233 Broadway , New York, N.Y. ,
on Friday , October 27 , 1944 at 2 P.M.
The notice was received and filed.
A letter dated October 11, 1944 , was received from the Real
Estate Board of Larchmont , signed by Emil Zvirin, President , in which
it was advised that at the last regular meeting of the Real Estate
Board a motion was duly adopted that the Board protest to the To=rn
Council the practice of having two prices on vacant property , one
price if the sale is made direct by the Town and a higher price if
such is made through cooperation of real estate brokers.
The members of the Board discussed the letter and were at
a loss to recall any such case in which two prices were given on any
parcel.
The Supervisor pointed out that no set prices had been made
at any time by the Board for Town-owned property and that , in fact , all
of the Town properties were open for bid.
Following this discussion, it was on motion by Councilman
Emburv, seconded by Councilman Griffin, upon roll call, unanimously
RESOLVED, that until further action of the Town
Board all Town-owned properties be sold on a net
basis to the highest bidder.
237
A letter dated October 9 , 1944, was received from County of
Vlestchester , Department of Public Works , signed by Commissioner James
C . Harding, attaching copy of a resolution adopted by the Board of
Supervisors at a meeting on October 2 , 1944 , concerning snow removal
on State Highways; also an agreement for this purpose.
Following some discussion , it was on motion by Councilman
Embury , seconded by Councilman Stiner , upon roll call , unanimously
RESOLVED, that Town Superintendent of Highways
A.J. Foote be and he hereby is authorized to
sign the agreement for the removal of snow on
State Highways within the Township of the Town
of Mamaroneck.
The Town Clerk presented the affidavit of publication of
the notice for the sale of certain strips of property, which action
was subject to a permissive referendum. The notice appeared in the
Daily Times on September 15, 1944.
The Town Attorney advised that the time limit of thirty days
had expired and that it was in order for the Town Board to consider
final action on this matter.
There was discussion, and the following resolution was on
motion by Councilman Stiner , seconded by Councilman Griffin, upon
roll tali , unanimously adopted:
WHEREAS , this Board on the 6th of September ,
1944, adopted resolutions for the conveyance
of certain property now owned by the Town of
Mamaroneck, to Lula 11. Rogers; R. Paul Kite ;
and Walter R. Gresser respectively , which pro-
perty is more particularly described in said re-
solution; and
WHEREAS , said resolution was adopted subject to
a permissive referendum, as provided in Section
64 , subsection 2 of the Town Law, and the Town
Clerk was authorized to give notice of the adoption
of the resolution as provided in Section 90 of the
Town Law; and
WHEREAS , such notice has been given by publication,
proof of which is on file with the Town Clerk,
NOW, THEREFORE , BE IT
RESOLVED, that the Supervisor be and he hereby
is authorized to execute and deliver to Lula Y.
Rogers; R. Paul Kite; and Walter R. Gresser , re-
spectively , quitclaim deeds to the several pro-
perties described in the resolution of Septem-
ber 6 , 1944, upon receipt of the following amounts:
from Lula 11. Rogers , the sum of $50; from
R. Paul Kite , the sum of $25; and from Halter
R. Gresser , the sum of $15.
The following reports for the month of September , 1944, were
received and ordered filed.: Report of the Town Clerk: Report of the
Westchester County Dog Protective Association; Report of the Mamaro-
neck Health Center.
The Supervisor stated that it was in order to receive the
reports of committees.
Councilman Griffin stated that much to his sorrow he wished
to inform the Board that he had just received a message that hiss
Emily E. Lindsley had passed away following a long illness. He said
that Miss Lindsley has been known as Larchmont ' s "First Lady" . He
added that ISiss Lindsley has held many prominent positions in civic
and political affairs of the community. He pointed out that she was
reelected to the office of school director in November 1943 following
eight years of service in this office without compensation.
He suggested that the Town Board adopt a resolution with
an expression of sympathy to the members of her family.
Councilman Griffin offered the following resolution, seconded
by Councilman Embury and unanimously adopted:
WHEREAS , we , the members of the Town Board of
Mamaroneck, wish to record our profound sorrow
at the death of Miss Emile E. Lindsley who de-
parted this life October 18 , 19944 after a linger-
ing illness. She has served this community for
very many years in various capacities in a most
efficient and conscientious manner and was regarded
with the greatest appreciation and esteem by all
with whom she came in contact . Her loss is an
irreparable one and will be keenly felt by the
township in which she had lived and worked for
so many years;
NOW, THEREFORE , be it
RESOLVED, that we , the Town Board , extend to her
family our heartfelt sympathy in their bereavement
and that a copy of this resolution be sent to them
and also be spread upon the official records of the
Town.
He presented the following reports which were received and
ordered filed:
Claims audited and paid by the Comptroller from Oct. 4 to Oct. 18, 1944.
Statement of Bank Balances as at 9 A.M. October 18 , 1944.
Supervisor ' s Report for the month of September , 1944.
Analysis of Budget Appropriations and Expenditures.
Summary of Receipts and Disbursements.
Analysis of Estimated Revenues.
Councilman Griffin presented a petition 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:
WHEREAS , the Assessor has presented a petition for
the correction of the assessment roll for 1943 , school
tax of 1944 , and the assessment roll. of 1944 , tax of
1945, 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 petitions for the cor-
rection of said assessment rolls ;
NOW, THEREFORE , be it
RESOLVED , that the assessment roll for the year
1943 , school tax of 1944 , and the assessment roll
for the year 1944 , tax of 1945, which show property
now appearing on the rolls as follows:
Section Block Lot Owner Land Imp. Total
9 56 1A , lAl , 1B Domenico Rigano $13 ,000 $15,000 $28 ,COC
(928-317)
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33:
Section_Block_Lot Owner Land Imp. Total
9 56 1A, lAl Domenico Rigano $ 9,000 $ 6 ,500 $15,500
(928-317)
9 56 1B Florence Rigano $ 4,000 $ 8,500 $12 ,500
(928-341)
Councilman Embury reported that two,matters were referred to
him at the last meeting in his absence. The matter of the central Youths ,
Center in Larchmont for teen age children, for which a meeting was called
for on Monday evening. In view of his inability to attend , Councilman
Embury advised that he would write to Mrs. Stabler for full information.
Also, that he would take up with the Board of Park Commissioners the
matter of the property at the corner of Rockingstone and Forest Avenues
which the owner wishes to relinquish and present to the Town.
He informed the members of the Board that there are 1261 names
on the Honor Roll (21 added this past month) - 559 from the Village and
702 from the Town. He said that the Park Department feels that the pre-
sent structure will be adequate to take care of the situation until next
Spring , anyway. That there was some talk about the possibility of en-
larging it , although it may not be necessary. He added that there are
also 17 gold stars .
For the Park Department , Councilman Embury reported that the
expenditures for the first nine months of 1944 were approximately the
same amount as they were for the same period in 1943 , despite the
hurricane.
He advised that a considerable amount of shade tree work would
have to be done in the coming year in order to preserve and protect the
trees that were damaged by the recent hurricane. He reported that all
trees which were obstructions had been removed and that the next step
in the preservation of shade trees in the Town is the prunning of broken
branches and work of that type . In view of the considerable amount of
this work he suggested that although the Park Department in its original
budget request for 1945 had asked that the Shade Tree Fund be in the
amount of $500.00 , it was the opinion of both the Park Department and
himself that the figure should be increased to $750.00 in 1945.
The Supervisor stated that his request would be given every
consideration at the time the 1945 budget is prepared.
Councilman Stiner reported that the Public Works Department
was carrying on routine work in connection with sewers and drains. That
a small stone wall had been completed on Vine Road. Also, that repairs
to a break in the bank of the road. on East Brookside Drive would0be
completed the following day.
He advised that he and Attorney Delius and Town Engineer Foote
had attended a conference that morning with the City Manager of New
Rochelle , Attorney Moran of New Rochelle , public Works Commissioner
Cranch of New Rochelle ; also , County Bridge Engineer Weyant and Assistant
County Attorney Frank Morgan, in regard to the bridge over the Premium
River at the northerly end of Premium Mill Pond.
243
He said that the County Attorney informed the members at the
conference that the County would not have anything to do with the re-
pairs to the bridge because the bridge was about one-half in the city
of New Rochelle , which Attorney Moran said , was listed as a second class
city, and consequently up to the municipalities. He suggested that signs
be posted on the bridge stating that the safe load is two tons.
Councilman Stiner said that it was agreed that each of the
officials report to their respective Boards.
Following some discussion the Supervisor suggested that an
inspection of the bridge be included in the inspection of the Public
Works Department on Saturday morning, October 21 , 1944.
Councilman Keeler stated that there was nothing to report
for his Departments .
The Supervisor asked Mr. Beringer , who was present , if he
had something to take up with the members of the Board.
He advised that he did and that he would like to continue
discussion on the purchase of the property opposite his estate on Glen-
coe Pass at the corner of Fenimore Road.
The members of the Board discussed the question at length
with Mr. Beringer and advised him that the action taken at a previous
meeting was because the members of the Board were of the opinion that
it was to the best interests of the Town to retain the property.
The Supervisor informed the members of the Board that he was
in receipt of a petition signed by the election inspectors of the Town
in which they asked for an increase in compensation to $12. per day for
registration days, and $15. for election day. He pointed out that these
increases would total $1,164.00.
The members of the Board agreed that nothing could be done
to satisfy this request as there were no funds available to take care
of this expenditure.
The Town Clerk was directed to answer the petition and advise
that the request had been declined because no funds are available.
The Supervisor read a letter dated October 16 , 1944, received
from Messrs. Daly, Bain , Vogel , New York, N.Y. , concerning a lost tax
lien issued in 1930 on Section 6 , Block 16E , Lots 2-3-B.
The letter was referred to Attorney Delius for reply.
The Supervisor handed each member of the Board a. report of
the Police Pension Fund , Town of Mamaroneck for the term ending De-
cember 31 , 1944, as prepared by the Town' s Auditors , Glick-Freedman.
He suggested that the members of the Board study the report and discuss
same at the next meeting of the Board.
He complimented Mr. Rufus K. Allerton for his time and ef-
forts in looking after the affairs of the Police Pension Fund , as trea-
surer , and suggested that some resolution be considered at the next meet-
ing in thanks for his services.
The Town Attorney discussed with the members of the Board
the possible settlement of the certiorari proceedings instituted by
the Willbob Realty Corporation.
At 9: 55 P.I& the Board unanimously resolved to adjourn.
Town Clerk