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HomeMy WebLinkAbout1945_09_05 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD , TOWN OF MAMARONECK, HELD SEPTEMBER 5, 1945 In the Council Room of the Weaver Street Fire House , Town of Mmaroneck, New York. The meeting was called to order by Supervisor Mandeville at 8:15 P.M. (Eastern Peace Time) . Present: Supervisor Mandeville Councilmen Peeler , Stiner , Embury , `Watson The presence was also noted of Town Clerk Payne , Town Attorney Delius , Comptroller Crsino , Assessor Smith , and Accountant Firson, The minutes of August 15, 1945, were approved as presented, The Supervisor requested. the Town Clerk to read the communi- cations. A letter dated September 4 , 1945, was received from Police Chief Paul A. Yerick, in which he advised that Temporary Patrolman Thomas Kennedy has resigned from the Town of Mamaroneck Police De- partment as of September 1 , 1945. That Officer Philip Millheiser has been discharged from the Army and has returned to the force as of September 1 , 1945, Following discussion ; it was on motion by Councilman Embury , seconded .by Councilman Stiner , upon .roll call , unanimously RESOLVED, that the resignation of Temporary patrol- man Thomas Kennedy be and it hereby is accepted ; FURTHER, that Philip Millheiser be and he hereby is reinstated to the position of a permanent patrol- man to serve at the annual salary of $2 ,850. A letter dated September 1 , 1945, was received from Or, George C . Grimm ; Secretary to the Building & Construction Trades Council of Westchester County , New York, advising that it is alleged that men- hers of the Police and Fire Departments of the Town have been working at the building and construction trades during their time off. It was requested that this practice be discontinued. . The letter was ordered received and filed. The following reports for the month of august , 194.0, were ordered received and filed: Report of the Receiver of Taxes and Assessments ; Report of the Westchester County Dog Protective Association. ',.. The Town Clerk stated that he hod received from the Assessor the tentative trial and grand jury lists and presented the same to the Board for consideration. After examination and verification of said lists by both the Assessor and the Town Board , it was on motion by Councilman Embury seconded by Councilman Watson, upon roll call , unanimously RESOLVED , that the completed lists of the grand and trial furors be and they hereby are approved and certified by the members of the Town Board and Assessor , and be it 8 FURTHER RESOLVED , that the Town Clerk be and he hereby is authorized, enpowered and directed to forward certified lists of the grand and trial jurors to the Commissioner of Jurors in the form required. by law. The Supervisor asked if there was any one who wished to appear before the Board. Mr . Julius Smith , Ccrnmander of the David Potts , Mr. Post No. 1156 of the Veterans of Foreign Wars , accompanied by a delegation addressed the Board and requested that the Board waive or cancel the accrued taxes prior to their purchase of the Club Mouse on Boston Post Road. fie said that the activities of the rest mould be dedicated in the future to the veterans returning from the present was and that the present money.' on hand would be used 'for necessary alterations and. repairs to the Club House, He said. that this request will mean a great deal to our returning soldiers and sailors. 111.7 older chaps are not asking anything for ourselves because we are now ready to give our places to the younger men coming home , and vre think it would be a, very fitting gesture to our bogs when they come back, some of then maimed and crippled , to have a Club House where they can be among themselves for recreation and diversion outside the gaze of the public . A Club House of this nature will be a pride to the community. " Mr . Smith further stated that the V.F.W is a non-partison, non-sectarian and non-racial organization and the only requirement for membership is that one must have been a member of the armed forces of the United States who had served over seas. Councilman Watson inquired what area the membership would include and Mr . Smith replied that veterans from the Town of maroneck, Village of Mamaroneck and Village of Larchmont are invited. Councilman Embury asked if there are many members from the recent war and. Mr . Smith said that there are quite a, few Mr. Smith informed the members of the Board that the Organization of the Veterans of Foreign Wars has been in existence for sixty-three years and has always been open to veterans of all branches of the service and not only for its own members. In con- clusion, Mr. Smith expressed the here that the request presented is granted and if so that the Organization would be forever grateful. The Supervisor informed the delegation that this matter would be discussed later on in the meeting and that the organization would be informed of their decision. The Supervisor suggested that the meeting proceed with the reports of connittees. Councilman Watson presented petitions 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 unanimously adopted ' WHEREAS , the Assessor has presented petitions for- the correction cf the assessment roll for certain years, pursuant to the provisions of Section 3; of Chapter 105 of the Laws of 1916 , as amended , known as the Westchester County my Tax Act ; and WHEREAS , , after due consideration this Board finds it desirable to grant salt petitions for the cor- rection of said assessment roll; NOW , THEREFORE , BE IT RESOLVED , that the assessment roll of 1944 , School tax of 1945 and the assessment roll of 1945, taxes of 1946 , which shows property now aprearing on the roll as follows - Section Block lot Name Land Inn. Total 7 21^ 8 & pt . 9 J.J. Murdock & 17 $3 ,200 $6 , 500 $9 ,700 (711-207) & pt . 212 be corrected as follows , in accordance with the provisions of subdivision 5 of Section 336 Section Block_ Lot Name Land- Imr9 Total 7 21A 8 & 9B (711-207) R.D. Fa- ner Lc 57 e 600 000 7 21A 9!! (711-213) J.J. Murdock P, T °<2 ,600 $6 ,500 09 10n FURTHFR RESOLED , that the assessment roll of 1944, school tax of 1045 and the assessment roll of 1945 , taxes of 1946 , which shows property nor appearing on the roll as follows , -- Block Pa_ce? Name _and Oniv> 603 597 Lockwood A Fenton Mlo0 (259-x1o ' be corrected- as follows , in accordance with the provisions of subdivision 5 of Section 330 B122ly_ PaZ20 Name Land_ Only 603 add to 371 G.R. Garfield . D.B. Block 01 , 250 NOX101 ) 603 605 Tim _Frank Fenlcn 1 ,875 (70101 603 617 H. Frank Fenton 3 ,375 (134x10 ' ) FURTHER RESOLVED, that the assessment roll of 19449 school tox of 1945 and the assessment roll of 1945, taxes of 1946 , which shoes property now appea ring on the roll as follows : Section Block Lot Name Land Only 9 105 61 to 64 Donalf F. Tripp 020 ,150 (962-47) be corrected as follows , in accordance with the provisions of subdivision 5 of Section On Section Block Lot Name Land On' 9 105 61-62 Theo Fib Joseph `;10 ,850 (962_47) 9 105 63-64 Donald F. Tripe 1 9 ,300 (962-5S) FURTHER RESOLVED, that the assessment roll of 1944 , school tax of 1947 and the assessment roll of 1947, taxes of 1946 , which shoes property now appearing on the roll as follows : Section Block Lot Name Len, Tnn. Total 1 17 Patel C. Schwantes , Jr , $6 ,800 $8 ,000 $14,800 - (107-361) _ be corrected as follows , in accordance with the provisions of subdivision 5 of Section 33 : Seotinn Block Lot Name land Tmn. lot!! 1 17 1A P.C . Schwartes , Jr, ?c '.7 $6 ,000 $8,OOn 014,000 (107-361) 1 17 IB G.L. Deutsch $ 425 $ 425 (107-283) 1 17 iC 17m A. Bogen & W c 3715 375 (107-291) FURTHER RESOLVED , that the assessment roll. of 1944 , school tax of 1945 and the assessment roll of 1945, taxes of 1946 , which shows property now appearin^ on the roll as follows : Section Block Lot Name Land TMO Total - 6 16 1 ,2 & 3 E.D. Takeman & I`f $10, 500 $8, 500 "19 ,000 (611-402) be corrected as follows , in accord-ence with the provisions of subdivision 5 of Section 33 : Section lock Lot Name Land Tr Total 6 16 1 & 2 E.D. Takeman $6 ,200 $6 ,200 (611-402) 6 16 3 Phillip Tuchman 04 , 300 $8 , 500 $12 ,800 (611-480) FURTHER RESOLVED, that the assessment roll of 1944, school tax of 1945, which shows property, now appearing on the roll as follows Section Block Lot Name Land Tmp. Total 9 71 3A Parold A Kennedy $109000 06 , 500 $16 , 700 (924-40) - be corrected as follows , in accordance with the provisions of subdivision 5 of Section 33c Section Block_Lot Ame Land, Tm o Total 9 71 3A Catherine 7. Gilbert 05,000 06 ,500 $11 , 500 (924-40) 9 71 3C Harold Kennedy $1 ,600 ^ 1 ,600 (924-76) r Section Block Lot Name Land Imp. Total 9 71 3D Donald R. Cathcart & I-- Q1 ,60C !n ,600 (924-84) 9 71 a^ Harold J. Kennedy $1800 X1 ,8^C? (924-92) FURTHER RTSOLVTD , that the assessment roll of 1945, taxes of 19469 which shows preperty now appearing on the roll as follows: Section Block Lot Name lead in Total 9 71 3A Harold J. Kennedy $10 ,000 $10 ,000 S20 ,OCO (92a-40) be corrected as follows , it accordance with the prolisions of subdivision 5 of Section 33 : Section Block Lot Name Land Imp. Total 9 71 3A Catherine W Gilbert 5,000 $10;000 $15,000 (924--, o) 9 71 3C Harold J. Kennedy 19600 1 ,600 (924-76) 9 71 3D Donald R. Cathcart & GT. 1,600 1 ,600 (924-84) 9 71 3E Harold J. Kennedy 1 ,800 1 ,800 (924-92) Councilman Watson reported that the Westchester County Tax Commission made an examinatior, of twenty-five parcelsof property to check the assessed vale as determined by Assessor Smith. That the result of their check on these parcels comes to approximately $875,000 as compared to the 1945 assessments which are $835,000 so that the ratio of our assessments to theirs is 95.46% as com- rased to a similar check made last year when the ratio was 94 . 369% He pointedd out that the ratio is a little better than last year ' s check cf twenty five parcels involving, nearly ore million dollars worth of property. On incineration , Councilman Watson reported that Mr , Henry W. Taylor , Consulting Engineer , spent a. few days at the plant and made an examination of its operation and found that certain con- ditions should be corrected . That other things througl, use of years have gotten out of adjustment and needed some attention. That Mt . Taylor and Mr. Foote were making an inspection on Thursday and Friday of this week to make final recommendations. Supervisor Mandeville informed the members of the Board that Councilman Watson had made a suggestion regarding the operation of the grates which were found to work out very well. Further that Mr . Watson' s ideas are responsible for the mechanism to work per- fecti., for the first time . Said Supervisor Mandeville , "It is a great comfort to know that Mr. Watson ' s engineering knowledge has done so much for the Plant , and the result is that it is working -- now like it never worked before. " Councilman Enbury presented the report from the Department of Public Welfare for the month of August , 1945 which shows as fol.- Iows, 675 Year Case Load Individuals =Amount 1944 29 60 $1,375.98 1945 19 28 770.61 Fie read a. copy of a letter dated August 31 , 1945, received from Mrs . . Flsie L. Wilbert , Intermediate Sterher in the Depart- ment of Public Welfare advising that now that the war is over she wished to resign from her position to be effective August 31 , 1945 On motion duly made by Councilman Matson, seconded by Councilman Stiner , the resignation was accepted Trith regret. For the Park Department , Councilman Embury reported that since the last meeting it has beer a misfortune to lose , by death , Mr, Frank P. Brown, member of the Park Commission in charge of the Honor Roll Corntittee. Collncilman Embury said , I doubt that very many people know hold much the Town owes Frank Brown for the limit- less efforts and time spent in strenghtening out that situation. He conducted a very thorough survey Trith the aid of other represen- tatives of the various organizations . He died very suddenly. " Councilman Ernbury offered the following resolution, which was seconded by Councilman 'Keeler , and upon roll call , unanimously adopted. WHEREAS , Tire Frank M. Brown , outstanding citizen and valued friend. , good neighbor and Member of the Park Ccrinission of the Town of Mamaroneck was taken by death on August 23, 1945, to the great loss of the community as well as to his family , friends and business associates ; and it - is fitting that this resolution be made in his memory , NOW THEREFORE BE IT RESOLVED; that the Town Board of the To,-in of Mameroneck does hereby express and record its great appreciation of the outstanding services rendered to the people of the Town of Mamaroneck by the late Frank M Brown as a member of the Park Commission from the 7th day of April , 1943 until death , and does hereby express and record the deep and abiding sorrow of its members , general to those who knew him , in the passing of so worthy a citizen , and it is FLTRTHER RFSOLVIED , that this resolution be spread: upor the minutes of this meeting of September 5, 1945, and that a. cony of same be delivered to the family of flIr , Brown in evidence of the foregoing. Councilman Embury referred to the vacancy for the balance of the term and offered for consideration or of the Board- , the name of Mr. Julian Cargill as a member of the Park Commission. He said, "All of you know him and the comrinity Spirit he has , He is very much interested in gardening. He will be very close to the Honor Roll as he has lost one of his sons in the vaar." Councilman Embary said that he, had talked the matter over with Mr. Wang , Chairman of the Park Commission, and that Mr . Wang is very much satisfied, Mr. Embury also tried to get in touch with Mrs. Lawton and that unfortunately she is awy on vacation. He said that he believed Mrs . Lawton would be very happy to have Mr. Cargill serve. Councilman Kesler stated that the Town will be fortunate to have Mr. Cargill serve. Supervisor Mandeville added that he has a high regard for Mr. Cargill and said that he was very much in favor of this recommendation. It was on motion by Councilman Embury seconded by Councilman Keeler upon roll call unanimously RESOLVED that Mr Jullian Cargill be and he hereby is appointed a member of the Board of Park Commissioners of the Town of Mamaroneck for the term expiring December 31, 1946 Councilman Stiner reported for the Department of Public Works by stating that the drain at Maplewood Street and Glen Road had been completed and that the curbing job at Madison Street has been started On personnel he reported that Mr. Merola has returned from his vacation and is feeling much better. That Mr. Foote has commenced one week of his vacation Councilman Keeler reported that the accounts of the War Council have been closed and in due course the records relating thereto will be turned over to the Town for audit and safekeeping. That Mr. Henry E. Mendes chairman of the Mamaroneck War Council has forwarded the War COuncil's check payable to the order of the Town of Mamaroneck in the amount of $34.36 which remittance covers the unexpended balance of War Council funds. Recalling the discussion whihc took place at the last meeting in reference to the purchase of a new fuel oil storage tank for the Fire Department Councilman Keeler stated that he has considered the matter a little further and has come to the conclusion that the setting of the tank on two concrete cradles would be an advantage. Than an estimate had been received for replacing the 1500 gallon fuel oil storag etank it being agreed that the labor necessary in removing the defective tank and setting of new tank be supplied by the Fire Department Councilman Keeler said that he would prepare the necessary specification so that it will be done in a specific manner. He recommended the approval of the following: WILLIAM K. FORDYCE 20 Senate Place Larchmont N.Y. August 29, 1945 I hereby agree to replace the 1000 gallown fuel oil storage tank with a new 1000 gallon tank for the sum of two hundred and thirteen dollars ($213,00) it being agreed that the labor necesary in removal of the defective tank the labor necessary in removal of the defective tank and setting of new tank be supplied by the Fire Department If a 1500 gallon tank is required the cost would be two hundred and eighty dollars ($280.00) Very truly yours William K. Fordyce It was on motion by Councilman Keeler , seconded by Councilman Stiner , upon roll call , unanimously RESOLVED, that the estimate of William K. Fordyce for the replacement of the present fuel oil storage tank with a new 1 ,500 gallon storage tank for the cost of $280.00 be and it hereby is approved and that Mr. Fordyce be authorized to proceed with the - work under the direction of Councilman Keeler. Councilman Keeler stated that he had at hand a number of bills from the Fire Department totaling $309.47 which he had checked. He recommended the approval of the bills as presented. The members of the Town Board sitting as the Board of Fire Commissioners considered the claims , and it was on motion by Council- man Keeler , seconded by Councilman Stiner , upon roll call, unanimously RESOLVED , that the following described claims be and they hereby are approved, and that the Super- visor and Comptroller be and they hereby are authorized to pay same out of the budget for the Fire Department: County Motor Products , Inc. $ 2.93 Koehler Manufacturing Co. 5.66 Mamaroneck Plumbing Supply , Inc . 22. 55 G.W. Merrell 8.79 - Merson Clothes , Inc. 174.00 The Ohio Chemical & Ilfg. Co. 5.66 Harold , 0. Thomsen 6.95 Wesco Paint & Glass Co. 17.26 Westchester Lighting Co. 16. 88 Westchester Lighting Co. 4.00 New Ydrk Telephone Company 17.25 --- New York Telephone Company _22` 4 $309.47 He informed the members of the Board that the Office of the Director of Civilian Protection has now made claim for the re- turn of fire equipment which has heretofore been forwarded to all the communities. That this equiprment is now for sale through the Department of Commerce , Surplus Property Division. That there are three items they want to sell to us , namely: One Pump which has been used on the patrol car , $190 ; 80 feet of 2.5" Fire Hose , $82; 400 feet 12" Fire Hose , $30. Following a lengthy discussion , it was on motion by Councilman Keeler , seconded by Councilman Embury, upon roll call, unanimously RESOLVED , that the Town Board hereby approves of the purchase from the Office of Civilian Defense , the following items for the following amounts: One (1) O.C.D. Front Mount Pumping Unit - Total , $190.00 800 feet. . . O.C.D. 22 ' Fire Hose - Total 82.00 400 feet. . . O.C.D. 12° Fire Hose - Total , 30.00 The Supervisor informed the members of the Board that he had at hand two offers from Mr. Alan L. Carnoy of New York City , who was present . One offer was for the purchase of certain tax liens , and another to purchase ,certain Town-owned property in the Larchmont Ridge section of Larchmont , comprising approximately 53.61 acres. The terms of the offer are 40% in cash and the balance by a purchase money mortgage for a period of three years with interest at six per cent. The mortgage to contain a release clause for parcels to be sold with payment at the rate of $475. per acre. 681 Mr. Carnoy told the members of the Board that if his offers were accepted he intended to develop the property with roads , sewers , etd. , for the building of private houses to conform with the building restrictions. Following discussion, Mr. Carnoy was informed that both his offers would be taken under consideration later in the meeting. The Supervisor informed the members of the Board that on March 28, 1945 the Torn Board passed a resolution which was also approved by the Village Board of Trustees for the sale of property acquired by the Village and Town in lieu of foreclosure , which will result in netting the Town the sum of $687.44 for property known as Block 830 , Parcel 292. He recommended the approval of the following resolution, which was on motion by Councilman Stiner , seconded by Councilman Keeler , upon roll call , unanimously RESOLVED, that the sum of $687.44 be accepted by the Town of Mamaroneck as representing its share of the purchase price on the premises known as Block 830 , Parcel 292 , on the Town of Mamaroneck assessment roll and that said sum be applied in full payment of the following tax liens outstanding on Block 830 , Parcel 292 , which tax liens are hereby cancelled. Sale Year Tax Year Total Lien 1927 & Prior $ 26. 86 1933 88.02 1934 53.10 1935 153. 51 1936 90.66 1937 109.16 1938 114.32 1939 124.16 1940 529. 28 1941 411.62 1942 283_0] $1 ,983.72 The Supervisor stated that he had at hand a letter dated September 5, 1945, received from Wm. F. Johnson,Village Manager , with a certified copy of a resolution approved by the Village Board of Trustees for the sale of vacant land known as Section 8, Block 18A , Lots 1 to 6 inclusive , 8 to 10 inclusive , and part of 18A on the assessment map of the Village of Mamaroneck, with an offer of $900. from Oreste Poccia. He pointed out that the face amount of the taxes for the whole parcel which includes another piece of land amount to $3 ,453 . 25 and that the total assessment for the whole parcel is $7,200. He said that when it is considered that the Village of mamaroneck is selling property at thirty per cent of the assessmed valuation that $2 ,160. represents thirty per cent of the total assessment and that one-half of this would show $1 ,080. and that according to the amount offered by Mr. Poccia it seems to be within a couple of hundred dollars of what would be expected for the property. He recommended the following resolution, which was on motion by Councilman Embury, seconded by Councilman Keeler , upon roll call , unanimously/ adopted: i i WHEREAS , the Village of Mamaroneck has heretofore acquired by deed in lieu of foreclosure , property known as Section 8 , Block 109, Lots 1 to 6 inclusive , 8 to 10 inclusive , and part of 18A , on the assess- ment map of the Village of Yamaroneck; and WHEREAS , the Town of Mamaroneck owns certain tax liens upon the same property which is known upon the Town assessment map as Block 826 , part of Parcel 178 , representing arrears of taxes due it , which were heretofore levied against the property; and WHEREAS , the Village of Mamaroneck, by resolution duly adopted August 27, 1945, accepted an offer from Oreste Poccia for the purchase of the pro- perty , in the amount of `5900.00 which acceptance , however , is conditioned upoh similar action being taken by the Town Board of the Town of Mamaroneck; NOW, THEREFORE , BE IT RESOLVED, that the Town Board of the Town of Mamaroneck agrees that the property described on the Town assessment map as Block 826 , part of Parcel 178 , be sold for $900.00. FURTHER RESOLVED, that the net proceeds of such sale , together with any balance of rentals or income received by the Village of Mamaroneck during the period of its ownership, shall be divided between the Town and Village of Mamaroneck proportionately to the amount due each as of the date of such sale. The Supervisor advised the members of the Board that Mr. Euclide Brondoli was again ready to pay a portion of the total tax arrears on his property known as Block 126 , Parcel 427. On motion by Councilman Keeler , seconded by Councilman Watson , 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 of taxes for the following year on the following described pro- perty , the liens for which are held by the Town in the face amount of the taxes: Block 126 . Parcel-42Z Sale Tax State , County School Total Year Year _ &_Town Tax Lien 1941 1940 $70.47 $30.18 $100.65 The Supervisor requested authorization to borrow not more than $68 ,000 on tax revenue certificates covering balance of 1945 state , town and county taxes. He said. that funds raised from this certificate is needed to pay the balance of the State and County bill for the year 1945, which is due on October 15, in the amount of $100 ,000. He added that last year we borrowed $87,000 for the same purpose. Mr. Keeler introduced the following resolution: 66-5 RESOLUTION AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION NOTES OF THE TOWN OF MAMARONECK IN AMOUNT NOT EXCEEDING $68 ,000. IN ANTICIPATION OF THE COLLECTION OF UNPAID STATE , COUNTY, TOWN AND TOWN DISTRICT TAXES. RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows : Section 1. In anticipation of the receipt of unpaid State , County , Town and Town District taxes for the fiscal year beginning January 1 , 1945 and ending December 31 , 1945, and for the purpose of providing moneys (a) to Day to the Commissioner of Finance of Westchester County the amount of unpaid State and County taxes , and (b) to meet the lawful expenditures of the Town and of the town districts under the appropriations for said year , the Supervisor is hereby authorized and directed to issue Tax Anticipation Notes of the Town in total principal amount not exceeding $68 ,000. pursuant to Section 31 of Chapter 105 of the Laws of 1916 of the State of New York, as amended and pursuant to Section 24.00 of the Local Finance Law of the State of New York. Section 2. It is iheTeby determined and declared: (a) The total amount of State , County , Tom and Town District taxes levied in said Town for said fiscal year is $1 ,205,078. 75. (b) The total amount of said taxes due and unpaid is $68,630. 53• - (c) The total amount heretofore borrowed and out- standing in anticipation of the collection of said taxes is none. Section 3. The notes or note issued under this resolution shall be dated October 15, 1945 and shall mature on July 1 , 1946 and the date of maturity of such notes or note or any renewals thereof shall not extend beyond the close of the applicable period provided in Section 24.00 of the Local Finance Law of the State of New York for the maturity of such notes. Section 4. The Supervisor is hereby authorized to de- termine the number , denomination and interest rate of said notes and to determine all other matters in connection here- with not determined by this or subsequent resolution, and his signature upon said notes or note shall be conclusive as to such determinations. The notes or note issued hereunder shall be substantially in the form of "model form of note payable to bearer" set forth in Schedule B annexed to the Local Finance Law of the State of New York, and shall be signed by the Super- visor and countersigned by the Town Clerk and shall have the seal of the Town affixed thereto. Section 5. The Supervisor is hereby authorized and directed to sell said notes 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 in- terest from the date of the notes to the date of delivery. Section 6. The faith and credit of the Town of Mamaroneck are hereby pledged for the punctual payment of the principal of and interest on said notes and, unless otherwise paid or payment provided for , taxes shall be levied on all of the taxable property in said Town in an amount sufficient to pay said principal and interest . 687 On motion of 4r. Keeler , seconded by Mr. Stiner , the foregoing resolution was adopted by the following vote AYES : Councilmen Keeler , Stiner , Embury ,Watson NOT VOTING: Supervisor Mandeville NOES: None The following statements were distributed to the members of the Board: Supervisor ' s Report for the month of July , 1945; Analysis of Estimated Revenues; Summary of Receipts and Disburse- ments; Analysis of Budget Appropriations and Expenditures ; State- ment of Bank Balances as of 9 A.P . , Sept . 5, 1945; List of Claims Audited and Paid by the Comptroller from August 15 to September 5, 1945. The Supervisor presented the following letter , which was ordered received and filed: September 3 , 1945 Honorable Owen A. Mandeville , Supervisor , Town of Mamaroneck, Mamaroneck, New York. Dear Mr. Supervisor: This is by way of saying "Thank you01 for the excellent face-lifting Stoney Side Drive _ was treated to last week. The appearance of the whole neighborhood is substantially enhanced there- by. The tree-trimming project is also a very worthwhile enterprise. Again our thanks. Cordially yours , /signed/ Wm. J. Shea The Supervisor offered for discussion the question con- cerning possible vacancies on the Zoning Board of Appeals. He called to the attention of the Town Board that Mr. Frederick G. Smith has disposed of his property in the Town and has moved out of town. He asked the Town Clerk of any communication had been received from Mr. Smith. The Town Clerk replied that there had been none. The Supervisor referred to Mr. Orson A. Raynor , a member of the Zoning Board of Appeals , who has been confined to this home for more than a year. The supervisor pointed out that during this post war period there would be demands made by developers and owners in general on matters which would necessitate some question of the Zoning Commission and that as the Commission now stands it is very hard to have a full meeting, and there might be some question about the legal status of the whole situation. There was a lengthy discussion, after which it was decided that the Town Attorney be requested to study the law as to non-re- sidence and to report back on the full situation at the next meeting. He was also asked to prepare a letter if it is necessary for Mr. Smith ' s resignation. The Supervisor asked the members of the Board if they wished to discuss the offers presented by Mr. Carnoy. After con- sidering -Mr. Carnoy ' s offer to buy the liens on property known as Block 104, Parcel 1; Block 105, Parcel 1; and Block 104, Parcel 111 , it was decided that these liens be offered to as many prospective buyers as possible , and that a list be prepared of builders who may be interested. With reference to the bid by Mr. Carnoy for the Town-owned property composed of eight acres in the Fenimore Cooper Park section, it was decided, after a long discussion , to advertise to the public generally for bids. Upon motion by Councilman Keeler , seconded by Councilman Stiner , the following notice was authorized for publication in the Daily Times , the official newspaper of the Town, for September 10 , 12 , 14, 17 , 18 , 1945: ADVERTISEMENT FOR BIDS The Town Board of the Town of Mamaroneck will accept bids for the purchase of eight (8) parcels of property located in Larchmont Ridge and Fenimore Cooper Park in the Unincorporated section of the Town and Village of Mamaroneck acquired in tax lien foreclosure proceedings. The parcels are generally described in this notice and a map showing their location is on file in the office of the Town Clerk together with a more detailed description which has reference to filed maps and record title and these may be examined between the hours of 9 A.M. and 5 P.M. any day except Saturday at this office , 158 West Boston Post Road, Village of Mamaroneck. Bids must be received by the Town Clerk on or before 5 P.P.T. Septem- ber 19 , 1945 at the Town Clerk' s office , 158 West Boston Post Road in the Village and Town of Mamaroneck. Following is the general description of the eight (8) parcels: Parcel 1. A plot consisting of approximately 18.67 acres and lying generally along the southwesterly side of Fenimore Road and which is described on the present tax assessment map as Block 225, Parcel 846; Block 209' Parcel 1; Block 203 , Par- cel 173. Parcel 2. A plot consisting of 12.01 acres lying generally southwest of Winged Foot Drive and be- tween Ormand Place and the proposed Cross-County Parkway and known on the tax assessment map as Block 209 , Parcel 300; Block 203 , Parcel 260; Block 209 , Parcel 47. Parcel a. A plot consisting of 1.27 acres lying generally on the southerly side of Fenimore Road and known on the tax assessment map as Block 204, Parcel 180. Parcel 4. A plot consiting of 1. 55 acres lying on the southerly side of Fenimore Road and known on the tax assessment map as Block 204, Parcel 156. Parcel 5. A plot consisting of approximately 7.23 acres lying northeasterly of Winged Foot Drive and northwesterly of the proposed Cross-County Park- way and known on the tax assessment map as Block 204, Parcel 247. Parcel 6. A plot consisting of approximately 6. 76 acres bordering on the southerly side of Fenimore Road and known on the tax assessment map as Block 206 , Parcel 97• Parcel 7. A plot consisting of approximately 5.74 acres bordering on the southerly side of Fenimore Road and known on the tax assessment map as Block 206 , Parcel 208. Parcel 8. A plot consisting of approximately 1.60 acres lying on the southerly side of Fenimore Road and easterly side of Grand Street and known on the tax assessment map as Block 801 , Parcel 512. This parcel is in the Village of Mamaroneck. The property is offered subject to any state of facts an inspection or accurate survey may show, covenants and restrictions of record, easements of record and rights of way over streets , roads or avenues shown on filed maps and rights to the natural flow of the brook where it flows through the premises and premises adjoining. Only bids made for the entire eight (8) parcels will be considered. All bids must be accompanied by a certified check for 10% of the amount of the bid and in the event the bid is rejected, such check will be returned to the unsuccessful bidder. All bids should be contained in an envelope addressed to the Town Clerk of the Town of Mamaroneck and should be plainly marked "Bid for Property" . - The right to reject any or all bids is reserved by the Town Board. Dated, September 8th, 1945 BY ORDER OF THE TO77N BOARD ROBERT D. PAYNE Town Clerk The Supervisor asked the members of the Board what their wishes were in connection with the application of the Veterans of Foreign Wars for the cancellation of the tax arrears prior to their purchase . It was decided to lay this matter on the table for a while. The Supervisor read a memorandum from Town Attorney Delius in regard to the payment in cash to per diem employees rather than by check as has been the procedure in the past. He explained that the primary reason for this contemplated change was to avoid the loss in time and the use of Town equipment in getting the checks cashed on pay day. After discussion, it was decided to continue the payment by check and one person would be delegated to take the endorsed checks to the Bank and cash them for the employees. The Town Attorney presented an agrwement dated August 28 , 1945, between Frank Guadagnolo and the Town of Mamaroneck for the purchase of two parcels of property , known as Nos. 195 and 197 Myrtle Boulevard. He stated that he had contacted all members of the Town Board previous to this meeting and that they approved the contract in its present form and that the Supervisor had signed it on August 28 , 1945. Upon motion made by Councilman Keeler , and seconded by Councilman Watson, it was RESOLVED, that the action of the Supervisor in signing the contract providing for the purchase of this property by Frank Guadagnolo for $4, 550• is hereby approved, the premises being known and described on the Tax Assessment Map of the Town of Mamaroneck as Block 133 , Parcel 901 and Block 133 , Parcel 890 , subject to all terms and conditions as stated in said contract. FURTHER RESOLVED, that the Town Attorney is di- rected to take all necessary steps to secure the performance of this contract and the ultimate sale of this property to Frank Guadagnolo. The Town Attorney stated that he had received from hir. Edward Petigor , President of Larchmont Estates , Inc . , a check for $818. to pay the School tax on property owned by Larchmont Estates , Inc . known as Block 408 , Parcel 290 and Block 918, Parcel 1, on the Tax Assessment Map of the Town of Mamaroneck, and that he requested that the referee ' s sale in the foreclosure action now pending against these two parcels as well as another parcel (Block 403 , Parcel 61) be postponed until May 1 , 1946. Upon motion made by Councilman Keeler , and seconded by Councilman Watson, it was RESOLVED, that the request of Edward Petigor be granted and the check for the payment of School taxes be turned over to the Receiver of Taxes. FURTHER RESOLVED, that the Town Attorney is hereby authorized to enter into the following stipulation: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER TOWN OF MAMARONECK, Plaintiff, -against- STIPULATION LARCHMONT ESTATES , INC. THE PEOPLE OF THE STATE OF NEW YORK, the VILLAGE OF MAMARONECK and MURICE GOLDDAN, Defendants. IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: (1) In consideration of the receipt of the total sum of 83 ,773.67, $500. of which was heretofore paid on or about the 31st day of May , 1944; $634.20 of which was paid on or about the 16th day of August , 1944; $818.31 of which was paid on or about the 22nd day of November , 1944; $1 ,003.16 of which was paid on or about the 16th day of March, 1945; and $818. of which is paid herewith , of which amounts the sum of $1 ,952. 51 was in payment of the 1944 State , County , Town and School taxes , including penalties and interest to the date of the payment there- of, covering premises known as Block 408 , Parcel 290 and Block 918, Parcel 1 on the Tax Map of the Town of Ma- maroneck, and the sum of $1 ,003.16 is in payment of the 1945 State , County and Town taxes which became a lien on April 1st , 1945, covering premises known as Block 408 , Parcel 290 and Block 918 , Parcel 1 on the U Tax Map of the Town of Mamaroneck, and the sum of $818. is in payment of the 1945 School Tax which becomes a lien on September lst , 1945, covering premises known as Block 408 , Parcel 290 and Block 918 , Parcel 1 , on the Tax Map of the Town of Mamaroneck, the plaintiff will take no further proceedings under judgment of foreclosure and sale dated March 31st , 1944 and entered herein on April 6th, 1944, until May 1st , 1946. - (2) If defendant , Larchmont Estates , Inc . pays the sum of $7,500 on or before May lst , 1946 , the said sum of $7,500 will be accepted in full settlement and payment of taxes now outstanding against the property described in plaintiff' s complaint , including State , County , Town and School taxes for the year 1943 and/ or the tax liens acquired by the Town for the same , and all Village taxes and/or tax liers including those levied for the year 1943 but not including Town and Village taxes for the year 1944 and 1945 against Block 403 , Parcel 61 , and thereupon the above entitled action is to be settled and discontinued with- out costs to the defendant , Larchmont Estates , Inc. (3) If defendant , Larchmont Estates , Inc. , fails to make the payment of $7 ,500 by May lst , 1946 , the plaintiff shall proceed immediately to sell the premises described in the complaint as provided in the judgment of foreclosure and sale entered April 6th , 1944. (4) Defendant , Larchmont Estates , Inc . , further stipulates and agrees that this stipulation shall super- - - sede the stipulation heretofore entered into on the 31st day of May , 1944, that entered into on the 16th day of August , 1944 , that entered into on November 22nd , 1944 and that entered into on March 16th, 1945 and agrees that the judgment of foreclosure and sale , dated March 31st , 1944 and entered April 6th , 1944, and the right of the plaintiff to proceed thereunder as directed is now and shall remain in full force and effect. Dated , 1945 Attorney for Town of Mamaroneck Attorney for Larchmont Estates , Inc . The Town Attorney presented a letter from Mr. Robert J. Seymour , requesting a permit to keep calves , pursuant to Chapter V, Sectioh 2 of the General Ordinances of the Town. The letter stated that the permit is requested for two calves and that these animals will be utilized only for private milk supply and not for any com- mercial purpose , and that they will not be allowed to roam at large . Upon motion made by Councilman Stiner , seconded by Council- man Keeler , it was RESOLVED, that a permit to keep two calves is granted to Robert J. Seymour , in accordance with the terms stated in his letter of August 29 , 1945, upon property on Old Thite Plains Road , owned by him. The Town Attorney recommended the following resolution: WHEREAS , certain tax liens upon property then known and described on the Assessment Map of the Town of Mamaroneck, as Section 6 , Block 4, Lots 1 , 2 , 3 , and 4, assessed to M.R. Preston, each in the sum of 82. 51 , were sold at the annual sale of tax liens held May 23rd , 1928, to West- chester Foundation, Inc ; and WHEREAS , it appears from the records of the Receiver of Taxes that on or about July 10th , 1929 , the amount of such tax liens , together with interest then due , was paid by the owner to the Receiver of Taxes for the account of Westchester Foundation, Inc. , and deposited in the Tax Lien Account ; and WHEREAS , Westchester Foundation, Inc . , has presented to the Supervisor of the Town, the original tax liens above described , and it does not appear that payment of the amount deposited in the Tax Lien Account was ever made to Westchester Foundation, Inc . NOW , THEREFORE , BE IT RESOLVED, that the Supervisor is hereby authorized to pay to Westchester Foundation, Inc. the amount of said liens , i.e. , $10.04 together with 15% interest , in full payment and satisfaction of the liens , pro- vided the same are surrendered and satisfaction there- of furnished by Westchester Foundation, Inc . The foregoing resolution was , on motion by Councilman Watson, seconded by Councilman Embury , upon roll call , unanimously adopted. -- The Town Attorney presented a letter from Mr. William S. Brill, stating that a satisfaction for tax liens sold by the Town of Mamaroneck to Atlantic Municipal Corporation and affecting property on the tax map known as Block 913 , Parcel 222 , now owned by Mr. Leslie R. Seaborn, has been filed with the Receiver of Taxes , to- gether with a certificate of the County Clerk saying that the original transfer of tax liens are on file in his office , in connection with a tax lien foreclosure action , entitled "Carodix Corporation, plain- tiff, vs. Helen Abbey , as Trustee , et al. , defendants . " The letter further states that Mr. Brill desires to have these liens satisfied but cannot produce the original because of its having been filed in the County Clerk' s office and the foreclosure action has since been discontinued. Upon motion made by Councilman Stiner, seconded by Council- man Keeler , it was RESOLVED, that duplicate tax lien be issued for Tax Lien No. 56 , dated May 26 , 1943 , affecting property known as Block 913 , Parcel 222 on the Tar. Assessment Hap of the Town of Mamaroneck , so that the same may be surrendered together with a satisfaction, and cancelled upon the tax arrears records of the Town of Mamaroneck. `— The Town Attorney recommended the following resolution: WHEREAS , heretofore writs of certiorari were ob- tained by JOHNETHEL REALTY CORPORATION, owner of property described on the assessment roll of the Town of Mamaroneck as Block 315, Parcel 1; Block 320 , Parcel 1; Block 325, Parcel 21; Block 804, Par- cel 605; Block 326 , Parcel 1; Block 346 , Parcel 1 ; Block 802 , Parcel 500; Block 803 , Parcel 159; Block 304, Parcel 1; and Block 330 , Parcel 1 , to review the assessments for the years 1941 to 1944 inclusive (Taxes of 1942 to 1945 inclusive) ; and WHEREAS , the Assessor and Board of Review of the Town of Mamaroneck duly filed returns to said writs , and no further proceedings have been had; and WHEREAS , it is recommended to this Board that the proceedings be settled and discontinued upon the reduction of the assessments as follows* Assessment-of 1941. tax ,of 1942 FROM Block Parcel Land Improvement Total 315 1 $52,000 -- $52 ,000 320 1 37 ,000 -- 37 ,000 325 21 18,600 -- 18 ,600 326 1 11 ,600 -- 11 ,600 346 1 17 ,640 -- 17,640 802 500 5,000 -- 5,000 Block 325, Parcel 21 includes Block 804, Parcel 605 Block 802 , Parcel 500 , includes Block 803 , Parcel 159 TO 315 1 189889 -- 18 '885 - 320 1 14,275 -- 325 21) 804 6o5) 9 ,330 -- 9 ,330 326 1 4,060 4 ,o6o 346 1 9 ,66o 9,660 802 500) 803 159) 1 ,915 -- 1 ,915 FROM Assessment_of 1942._Ta5 of 194 315 1 52 ,000 52 ,000 320 1 37 ,000 -- 37,000 325 21) 804 605) 18,600 -- 18 ,600 326 1 11 ,600 -- 11 ,600 346 1 17,640 -° 17,640 802 500) 803 159) 5,000 -- 59000 304 1 141 , 500 3 ,300 144 ,800 330 1 40 ,300 1,200 41 ,500 TO - 315 1 18,889 18 ,889 320 1 14,275 -- 149275 325 21) 804 605) 9 ,330 00 9 ,330 326 1 4,060 4,060 346 1 9 ,660 -- 9 ,66o 802 500) 803 159) 1 ,915 1 ,915 304 1 59 ,400 2 ,000 61 ,400 330 1 no reduction Assessment of 1943 tax of 1944 FROM Blocic Parcel Land Im-orov_enent Total 315 1 $35,000 -- $359000 320 1 31 ,500 -® 31, 500 804 605) 16 ,600 -- 16 ,600 326 1 8,000 -- 8,000 346 1 13 ,640 -- 13 ,640 802 500) 803 159) 4,200 -- 4,200 304 1 125,500 3 ,300 128 ,800 330 1 35,800 1 ,200 37 ,000 TO 315 1 18 ,889 -- 18 ,889 320 1 14 ,275 -° 14,275 804 6o5) 9 ,33o -- 9,330 326 1 4,060 -- 4,060 346 1 9 ,660 -- 9 ,66o 802 500) 803 159) 1 ,915 -- 1 ,915 304 1 59 ,400 2 ,000 61 ,400 330 1 no reduction Assessment of 1944, War of 1945 FROM 315 1 $35,000 -- $35,000 320 1 31 ,500 -- 31 ,500 804 605) 16 ,600 -- 16 ,60o 326 1 8 ,000 -- 8,000 346 1 13 ,640 -- 13 ,640 802 500) 803 159) 4,200 -- 4,200 304 1 126 ,750 29000 128 ,750 330 1 35,800 1 ,200 37 ,000 TO 315 1 $18 ,889 -- $18 ,889 320 1 14,275 -- 14,275 804 605 ) 9 ,330 -- 99330 326 1 4,060 -- 4 ,o60 346 1 9 ,660 -- 9 ,660 802 500) 803 159) 1 ,915 -- 1 ,915 304 1 59 ,400 2 ,000 61 ,400 330 1 no reduction NOW , THEREFORE , BE IT RESOLVED , that the assessments for the years 1941 to 1944 inclusive (taxes of 1942 to 1945 inclusive) upon various parcels of property owned by Johnethel Realty Corporation and described upon the assessment map and assessment roll of the Town of Mamaroneck as Block 315, Parcel 1; Block 320 , Parcel 1; Block 325, Parcel 1; Block 804, Parcel 605; Block 326 , Parcel 1; Block 346 , Parcel 1; Block 802 , Parcel 500; Block 803 , Parcel 159; Block 304, Parcel 1 and Block 330, Parcel 1 , be reduced as recommended and hereinabove set forth provided that the certiorari proceedings , now pending in the name of Johnethel Realty Corporation for the years 1941 to 1944 inclusive (taxes of 1942 to 1945 inclusive) be discontinued without costs against the Town of Mamaroneck. FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary stipulation to obtain an order of the Supreme Court providing for such reduction and the refund of excess taxes paid, if any. The foregoing resolution was on motion by Councilman Keeler , seconded by Councilman Stiner , upon roll call , unanimously adopted: The Town Attorney recommended the following resolution. WHEREAS , heretofore writs of certiorari were ob- tained by ALBEE COURT CORPORATION, owner of property described on the assessment map and assessment roll of the Town of Mamaroneck as Block 705, Parcel 8, to review the assessments for the years 1940 to 1943 inclusive (taxes of 1941 to 1944 inclusive) ; and WHEREAS , the Assessor and Board of Review of the Town of Mamaroneck, duly filed returns to said writs , and no further proceedings have been had: and WHEREAS , it has been recommended to this Board that the proceedings be settled and discontinued upon the reduction of the assessment from $226 ,000 to $210 ,000 , NOW , THEREFORE , BE IT RESOLVED , that the assessments for the years 1940 , 1941 and 1942 (taxes of 1941, 1942 and 1943) upon property owned by A1bee Court Corporation and de- scribed upon the assessment map and assessment roll of the Town of Mamaroneck as Block 705, Parcel 8 , be reduced as follows: Assessment of 1940 . tax of 1941 FROM Lot BIk Par. Land Improvement Total Secs B1k L t ®_ .. ® _ _ i 7 11 2a,2,4a , 21a ,21f 22b,22d 705 8 $75,450 $150 ,550 5226 ,000 TO 7 11 3a ,2 ,4a , 21a ,21f, 22b,22d 705 8 560,000 $150 ,000 $210 ,000 7 0' c Assessment-of 1941 . tax of 1942 FROM Block Parcel Land Improvement Total 705 8 $75,450 $150 ,550 $226,000 TO 705 8 $60 ,000 $150 ,000 $210 ,000 Assessment of 1942 . tax of 1943 FROM Block Parcel Land Improvement Total 705 8 $75,450 $150,550 $226 ,0oo TO 705 8 $6o ,000 $150 ,000 8210 ,000 provided that the certiorari proceedings , now pend- ing in the name of Albee Court Corporation, for the years 1940 , 1941 , 1942 and 1943, (taxes of 1941 , 1942 , 1943 and 1944) 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 and the refund of - excess taxes paid, if any. The foregoing resolution was , upon roll call , adopted by the following vote: AYES : Councilmen Embury , Watson, Stiner NOT VOTING; Supervisor Mandeville Councilman Keeler The meeting adjourned at 11:30 A.M. - Town clerk