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HomeMy WebLinkAbout1942_09_02 Town Board Minutes 4 PUBLIC HEARING AND REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD SEPTEMBER 2, 1942 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch .at 8 P . m. (Eastern. War Time) Present: Supervisor McCullcch Councilmen Brewer, Griffin and Mandeville Absent: Councilman Bates The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith, Town Engineer and Superintendent of Highways Foote and Public Welfare Officer DeVinne. The regular order of business was suspended for the purpose of holding a public hearing upon amendments to the Building Code, Plumbing Code and General Ordinances of the Town of Mamaroneck. The Town Clerk read the notice duly published in The Daily Times of Mamaroneck on August 22nd, 1942, pursuant to Section 130 of the Town Law. The Supervisor asked if anyone wished to be heard and no one appearing either for or against the amendments the following resolution was duly moved by Councilman Griffin, seconded by Councilman Breyer, and unanimously adopted: RESOLVED that the foliov;ing amendments be made to the Building Code: (A) Article 3, Section 6 i hereby amended to read as follows : GENERAL: For the purpose of this Ordinance, all buildings are classified according to occupancy as "Residence Building" ,"Public Buildings", "Business Buildings" . Group l: Residence Buildings: '' (a) One family dwellings . Detached dwellings for two farilies. Semi—detached dwellings for one or two families on each side of the party wall. Club and boarding and lodging houses and dormitories, convents and other buildings of a similar character wherein fifteen or less persons are housed and not more than 2 1/2 stories high. (b Yultiple Dwellings . (c) Boarding and lodging houses and dormitories, convents and other institutional buildings other than Group (a) of this section. Group 2: Public Buildings : a Hospitals, ksylunis, Nurseries, Detention buildings . b Libraries, Museums, Court Houses, Town Hall. c School Houses, college classroom buildings . (d) Buildings having an Assembly Hall on the first floor; churches, amusement halls, exhibition buildings, armories . (e) Buildings having, an Assembly Hall seating more than 75 persons,'', located above the first floor . (f) Theatres, Moving Picture Houses, Music Halls . Group 3 : Business Buildings : a) Office Buildings b) Stores and Restaurants c)Manufacturing and Storage Buildings d) Public Garages e) All other buildings in Business "C" and indusrial "D" districts as defined in the Zoning Ordiance Town Of Mamaroneck not classified in a), b), c), and d) of this group. (Business Buildings) B) Article 4 Section 7 Subdivision 3 a) is hereby amended to read as follows: a) Multiple dwellings not more than 6 stories or 70 feet high if erected in a "B" graduated Height District as defined in Artile 4, Section 17, of the zoning ordiance of the Town of Mamaroneck duly adopted and amended by resolution of the Town Board adopted January 20th, 1937 or as hereafter amended and as shown on the zoning Map which accompanies said Ordiance C) Article 4 Section 7 Subdivision 4a) is hereby amended to read as follows: 4. Fireproof Construction. The following buildings shall be of fireproof construction: a) Multiple dwellings more than 4 stories or 46 feet high if erected in a "C" or "D" 70 foot Height District as defined in Article 4, Section 18 of the Zoning ordiance of the Town of Mamaroneck duly adopted January 20th 1937 or as hereafter amended and as shown on the zoning map which accompanies said ordiance D) Artcile 1, Section 4 Subdivision 10 is hereby amended to read as follows : 10. Occupancy Permits Fees. The fee for each Occupany permit shall be $2.00 payable at the time of filing application therefor E) Article 20 is to be amended by adding a new section to be known as Article 22 Sections 111 inclusive which shall read as follows: Section 111a. Whenever any section of this article requires a notice report survey or any other paper to be served upon any person such notice report survey or paper or paper may be served either personally or by mail addressed to such person at the address or place of business designated in any deed conveyance or other instrument by or through which such person acquired any title or interest to the premises affected which is filled or recorded in any public office F) A new artcile is to be added to the Building Code to be known as Article 22 Sections 113 to 118 inclusive which shall read as follows: ARTCILE Excavations other than for construction purposes Section 113. An excavation made for the purpose of taking soil, earth, sand, gravel or other material shall be made in such a manner as will prevent injury to neighboring properties, to the street which adjoins the lot where such excavation is made, and to the pub- lic health and comfort. Section 114. Such excavations shall not be cormnenced until a permit therefor has been obtained from the Building Inspector. Section 115 . Applications for permits shall be in such form as may be prescribed by the Building Inspector and shall be accompanied by a plot plan on which is indicated. the location of the plot, the exact location of the proposed escavaation and the area and depth of the excavation. . Section 116. Permits for the operation of such excavations shall be issued only upon proof by the applicant that the land is free from any lien for unpaid taxes, assessments, v,;ater rates, bail bonds and judgments obtained by the Town of Mamaroneck. In addition, if the owner shall be under legal age the consent of the surrogate' s court must be submitted. If there is an unpaid mortgage upon the property, the con- sent of the mortgagee must also be submitted.. Section 117 . Such excavation shall be properly drained as long as the excavation remains . Section 118. Any such abandoned excavation which shall become unsafe, menacing or dangerous to life or limb, shall be filled in by the owner, as the Building Inspector may require, with clean ashes, sand or earth or otherwise made safe and secure'. FURTHER RESOLVED that Section 40 of the Plumbing Code is hereby amended to read as follovas: Section 40 . All license fees and examination fees, received by the Town Clerk shall be paid by him to the Supervisor within thirty days after the receipt thereof and deposited in the general fund. The plumbing inspector shall 'turn over to the Supervisor all inspection fees received by him within thirty days after receipt thereof. FURTHER RESOLVED that the General Ordinances of the Toran of 11'_amaroneck are hereby= amended by adding to Chapter II thereof, a nevi section to be known as Section 15, which shall read as follows: Section 15 . The Pol: P.4asnarcneck, or if there hereby authorized and e; the 'Tovrn of Mamaroneck, excepting State highway one direction only, or exciudd.ed, provided that be marked by conspicuou of Section UO of the Ve of New York. FURTHER RESOLVED that t to publish a notice of in the official paper a to be posted conspicuou in the Tov�n of idamarone the Tovvn Law. The Town Attorney re Board he had prepared certain Ordinances of the Tov,n and rec hearing. ce Commission of the To-:,.n of be none, the Chief of Police, is powered to designate highways in outside of incorporated villages, in which vehicles shall pass in rem, which heavy trucks shall be the highway so designated shall signs as provided in Sub-division 1 icie and 'Traffic Lava of the State To,an Clerk is hereby authorized ado-otion of this resolution to cause printed copies thereof in at least three public places as provided in Section 133 of ed that at the direction of the osed amendments to the Zoning nded that a date be set for a public Upon motion by Councilman Brewer, seconded by Councilman Bates, it was unanimously RESOLVED, that a public hearing be held on September 16, 1942, at 8 o' clock P. M. (E.W.T.) at the regular meeting of the Town Board to be held at that time and that the following notice be published in The Daily Times not later than September 5, 1942: PUBLIC NOTICE TAKE NOTICE that the Town Board of the Town of Mamaroneck will hold a public hearing, pursuant to Section 264 of the Town Law, in the Council Room at the Weaver Street Fire House, on the 16th day of September at eight 8 clock P.M. to consider an amendment to the Zoning Ordinance of the Town of Mamaroneck and to the map accompanying and forming a part of the Zoning Ordinance, so as to show all property on said map now designated as " Saxon Woods Park" , "Cross County Parkway" and "Pelham-Po'rtchester Parkway" as being within an "A" use or height district. TAKE FURTHER NOTICE that all persons interested will have an opportunity to be heard at the above stated time and place. Dated, September 2nd, 1942 BY ORDER OF THE TOUR BOARD Robert D. Payne Town Clerk The approval of the minutes for the meetings of August 5 and August 19, 1942 was deferred until a full Board was present The Supervisor asked if there was anyone present who wished to address the Board. Wesley H. hessersmith, attorney, appeared to discuss a settlement of certiorari proceedings brought to review certain assess- ments on real estate in the Town. The members of the Board ' suggested that Mr. Ressersmith present his application at the next meeting when the full Board would be present . Mr . Messersmith agreed and said that he would appear at the meeting to be held September 16, 1942 • Mr. David E. Lynn of 46 Glenn Road and Mr. George F. Clow of log N. Chatsworth Avenue appeared and presented the following petition which was signed by sixty eight (68) petitioners: "TO THE TOWN BOARD TOWN Or MAMARONECK The undersigned property owners and Residents of that section of the Town of Mamaroneck included in the Maple Bill - Murray Avenue - Glenn Road Drainage Area face certain financial loss and acute danger to health because of the inadequacy of the drainage system, either storm water or sanitary sewers or both. While recent storms tend to center attention on the condition, it is a fact that a great many properties have suffered continuously year in and year out without relief. The inadequacy of the present system was pointed out prior to its completion and many times since. In many instances it may be said that its installation and the paving of the district aggravated the condition existing prior to its construction'. To avoid outright abandonment of the properties having high assessed values, immediate attention is required. The problem is a difficult one and the undersigned recommend that the Town employ competent, independent engineers, to make an immediate survey of both drainage systems with recommendations for a complete correction of the condition. It is requested that when such survey is completed we be permitted to examine the report. '' -- The Supervisor assured the gentlemen that the petition would receive very careful consideration. He advised that the Tong was pro- ceeding eed.ing to obtain estimates and that already one had been received from Sanborn & Bogart, Consulting Engineers, in the amount of $1500 as the cost of a survey and opinion on the', upper part of the Sheldrame River watershed. Councilman Brewer advised the gentlemen that under the law the Town could not spend money which was not included in the present budget and that same would have to be considered in next year' s budget. The Supervisor informed the gentlemen that they were entirely welcome at any time to examine the Town records on flood. control. He presented letters on the same subject from the following: Arthur Dunn, Jr. , 900 Old Boston Post Road, attaching letters from 0 . C. Gredler, 4 kenmare Road, dated August 10 and August 11, 1942. Robert W. Crawford, 138 whatsworth Avenue, dated August 25, 1942. Erma Bernheimer, 37 iKyrtle Boulevard, dated August 25, 1942- Richard I . Land, 59 test Brookside Drive, dated August 26, 1942. Joseph P. Curren, 117 N. Chatsworth Avenue, dated August 27, 1942. The letter were ordered received and placed on file with the flood control records . Councilman Brewer raised a question about illegal house storm water drainage connections with the sewer system. The Supervisor said that during flood conditions some owners open the severer trap to drain off their basements . It was also said that during the early development of the unincorporated area a number of house drains may have been connected with the sever lines. Town Engineer Foote was asked to make an investigation to discover illegal house and private driveway catch basin connections . The Supervisor suggested'', that the meeting proceed with reports of committees . Councilman Griffin pre Department of Public Welfare for showed as follows: Case Load Individuals Case Days Total Relief Expended Average Cost Per Case d and read the report of the month of August, 1942, which August August _1941 1942 191 118 755 395 5642 3457 $6,766.76 ~04,444.33 35 .43 37.66 Average Cost Per Individual Average Cost Per Case Day Average Cost Per Individual P August August 19 i1 19 5.96 11. 25 1.20 1.29 Day .304 .355 Councilman Griffin presented a petition dated September 2, 1942, received, from the Assessor requesting certain changes in the assessment roll in order to pewit the apportionment of taxes . On motion by Councilman Griffin, seconded by Councilman Brewer, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented a petition dated September 2, 1942, for the correction of the assess- ment 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 WEEREAS, after due consideration this Board finds it desirable to grant said petitions for the correction of said assessment roll; 9 5 pt. 15,16 Brittany Homes, Inc . 2,780 25750 (903-465) A petition was received from the Assessor requesting the approval of a number of pages from the Assessment Yap showing correc- tions made by the Town Engineer as of June lst, 1942, such corrections being due to the sale or transfer', of lots or plots, filing of maps in the Department of Land Records in White Plains and so forth. On motion by Councilman Griffin, seconded by Councilman Brewer, it was unanimously NOW, THEREFORE, BE IT RESOLVED, that the assessment roll for the taxes of 1942, which shows property now the roll as follows: the year 1941, appearing on Section Block Lot Owner Land Imp. Total 9 5 15,16 Brittany Homes, Inc. $4,350 $45350 be corrected as follows, '',in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner Land Imp. Total 9 8 pt, of 15, .,Mamaroneck Federal Savings 16 and Loan Association $15570 $1, 570 9 8 pt. of 15, Brittany Homes, Inc . 2,750 2,750 16 FURTHER RESOLVED, that the assessment roll for the year 1942, taxes of 1943, which shows property now appearing on the roll as follows: Section Block Lot OwiTner Land Imp. Total 9 8 15,16 Brittany Homes, Inc . $45350 6,000 10,350 (903-459) be corrected as follows, '' in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner'' Land Imp. Total 9 8 pt. 15,16 Mamaroneck'' Federal $15570 6,000 7,570 (903-459) Savings & Loan Assn. 9 5 pt. 15,16 Brittany Homes, Inc . 2,780 25750 (903-465) A petition was received from the Assessor requesting the approval of a number of pages from the Assessment Yap showing correc- tions made by the Town Engineer as of June 1st, 1942, such corrections being due to the sale or transfer', of lots or plots, filing of maps in the Department of Land Records in White Plains and so forth. On motion by Councilman Griffin, seconded by Councilman Brewer, it was unanimously RESOLVED that this Board approves changes in the Assessment Map of the Town of Mamaroneek as of the first of June, 1942, and the said map is hereby corrected and rectified as of June 1, 1942, in the foilov,fing places: Page:122, 217, 218, 408, 411, 617, 703, 715, 720, 826, 830, 915, 91'1, 944, 94`% 123, 222, 412, 704, 721, 832, 918, 950, 126, 133, 30L, 305, 502, 602, 705, 706, 723, 724, 901, 902, 921, 925, 951, 962, 07, 208, 210, 211, 215, 06, 333, 341, 405, 4071 04, 608, 609, 610, 611, 07, 708, 711, 712, 714, 27, 725, 803, 823, 825, 03, 907, 912, 913, 914, 31, 937, 938, 939, 940, ndex. 123 i Councilman Brewer stated that in connection with civilian protection there ryas no longer any doubt that a supervisor was needed for the casualty stations . He said that it was impossible for the doctors to take care of them, as there are only two or three doctors left and that they are so busy that the ,r do not have time to put to it. The Supervisor informed the Board that Dr. Conway who was in charge had left for the armed forces . Councilman Brewrer expressed alarm at the thought of a bombing raid and said that something should be done. Councilman Griffin asked Dr. Brewer who he would have take charge . Councilman Breyer stated that he was not an expert and was not in a position to say but that full defense staff was aware of the situation. He said that he just commenting on it. The Supervisor stated Dr. Charles Weller had told him that Dr. C. Walter Thorpe was taking over the work. The Supervisor submitted the following report of expenses and the proposed budget for the War Price and Rationing Board. 55-0-9: (1) August 25, 1942 Expenses to date in connection with the setting up of new Rationing Board Headquarters, #55-0-9, at 430-432 Mamaroneck Avenue, Mamaroneck. Compensation for labor $189.16 Material and supplies 185 .11 $377 .27 WAR PRICE AND RATIONING BOARD NO. 55-0-9 For period August 1st 1 Clerk Janitor , 1942 through December 315t, 1942 $"600.00 180.00 Pro rated as per following: TORN OR VILLAGE POPULATION RATE Au10UNT Town of Harrison 11,783 30% $113 .18 Town of Mamaroneck 8,L68 22% 156 83 .00 56. 59 Village of Larchmont 5,970 33% 124. 50 Village of Mamaroneck 13,034 Total $377 .27 (all bills are on file in Village of mamaroneck office, for inspection) . (2) August 25, 1942 PROPOSED BUDGET WAR PRICE AND RATIONING BOARD NO. 55-0-9 For period August 1st 1942 through December 31st, 1942 1 Clerk Janitor , $"600.00 180.00 Equipment - 1 typewriter desk 1 " chair 2 flat top desks 1 filing cabinet Stationery and printing Light Telephone Water Tllisc . Office Expenses Unpaid Bills, stationary and supplies (signs( (3) BUDGET OF RATIONING BOARD #55-0-9 Period August 1 - December 31, 1942 Pro rated as per following TOWN OR VILLAGE Town of Harrison. Town of Mamaroneck Village of Larchmont Village of Mamaroneck The Supervisor explained that the total of the Town's share namely, $83 .00 of the cost of setting up headquarters and $282.93 of the August 1 to December 31, 1942 budget amount to 365.93. He asked what tine Board wished to do on the matter Total $160.00 75 .00 30.00 100.00 19.00 50.00 72.06 $1,256.06 Respectfully submitted, H. E. Bally, Chairman Charles ring, McL.ber George H. Van Buren, Member L. F. Hug, D,4ember ZONING BOARD #55-0-9 for t 1 - December 31, 1942 llowsing: POPULATION RATE LMIOUNT 11,753 300 355.52 51465 22%0` 282 .93 5,970 15% 192.91 13,034 33% Total $1,286.06 Following some discussion the above report of expenses and the budget were approved and ordered filed. On motion by Councilman Griffin, seconded by Councilman Brewer, it was upon roll call unanimously RESOLVED, that out of the funds made available for purposes within the authority of the War Council of the of Mamaroneck there is hereby appropriated the sum of $365 .93, such sum to be dispersed only upon the audit of claims submitted Town the Comptroller of the Town of Mamaroneck by persons or corporations who have furnished materials labor or services to the Rationing Board No. 55-0-9 . The Supervisor presented the following letter and a copy of the classification plan referred to: __. COUNTY OF WESTCHESTER COUNTY OFFICE BUILDING WHITE PLAINS, NEW YORK ,' ' August 25, 1942 TO: TOWN LIND VILLAGE BOARD, MAYORS AND SUPERVISORS in June this office ''submitted to you a tentative plan classifying the positions in your service, with the request that such coimaents as you cared to make be sent to us in ovriting. The comments received from: the various localities were carefully considered and where questions still re- ;3 a; mained representatives of this office made field visits and discussed those questions with you or your representa- tives personally. As a result of these steps, the tentative classifica- tion. previousiy sent to you. has been revised where it seemed necessary and there is now submitted to you herewith the final classification of your positions and employees in the form that this office will submit to the State Civil Service Commission. — If the accompanying classification plan involves titles which mere not involved in the tentative plan sent to you in June, specifications for these additional titles are attached hereto for your information. It is requested that each of your employees be noti- fied immediately of his or her proposed classification so that full opportunity may be given them to file any appeal from the proposal which they may wish to make. Such appeals must be submitted to this office not later than Sentemzber 10, 1942. Copies of a notice concerning appeals are attached and it is requested that these be immediately posted inhere they will be available to all employees . Sincerely yours, (signed) W. B. Folger Personnel Officer The Supervisor advised that letters had been sent to all of the employees notifying them that the schedule was available at the Town Clerk' s office, also of their right to appeal. Fire Chief Burton was present and discussed vTith the members of the Board proposed titles for the paid men of the Fire Department. Following some discussion Councilman Mandeville moved and Councilman Griffin seconded the following which was on roil call unanimously adopted: RESOLVED, that the Town Attorney be and he hereby is authorized to request the Civil Service authorities to make certain changes in the list of the proposed titles for the paid firemen, such changes to be subject to the approval of Fire Chief Burton. Councilman vulandeville stated that there was nothing to report for his department. The Supervisor asked the Town Clerk to read the co:vrunications . The Tot°m Clerk read the 'following letter: Town Board Town of Mamaroneck Piiaraaroneck, Neva York Gentlemen: I hereby request leave of absence for the duration as per section 246 Military Law State of New York, as I have been inducted into the krmed. Forces of the United States . absence to start on August 31st, 1942. (signed) August 28th, 1942 Leave of Very truly yours, Thomas C. Blake Welfare Officer DeVinne presented the following letter which read: Town Board Town Of Mamaroneck Mamaroneck Gentleman: I hereby recommend Arthur Price now residing at 115 Madison Street Mamaroneck for the position as Janitor at the Welfare Office to take the place of Thomas Blake who is requesting a leave of absence for the duration Very Truly Charles D DeVinne Public Welfare Officer September 2, 1942 Upon recommendation of Charles D. Devinne Public Welfare Officer of the town of Mamaroneck the following resolution was moved by councilman Mandeville seconded by Councilman Griffinn and duly adopted: RESOLVED that leave of absence is hereby granted to Thomas C Blake Janitor of the Town Welfare Office pursuant to section 246 of the Military Law he having entered the military service of the United States such leave of absence to continue during the period of such service as provided by law FURTHER RESOLVED that Arthur Price is hereby appointed to fill the temporary vacancy in the position of Janitor at the Town Welfare Office occassioned by the service of the United States such appointment being hereby designated as a substiude appointment pursuant to the provisions of Section 246 of the Military law of the State of New York Mr. DeVinne presented the following letter which was read: September 1, 1942 Town Board Town Offices Boston Post Road Mamaroneck N.Y. Gentlemen: I would like to bring to your attention again the fact that we have safes in the building belonging to the Town. To my knowledge these safes have not been used for the past ten years. At the present time they are worth a great deal more to the Government than they are to the Town. Will you please advise me what disposition you wish made of these safes Very truly yours Charles D. DeVinne Public Welfare Officer CDDeV: EWK The members of the Board directed Mr.DeVinne to contact the manufacturers to determine the value of some for use as safes and if they were of no value other than for salvage purposes he was directed to get figures for their disposal to the government A letter dated August 31 1942 was received from Mrs. Theresa Giovannone requesting permission to pay certain tax appears at a reduced amount Following some discussion action was deferred. The Town Attorney reported on the sale in foreclosure proceed- ings brought by the Town against Birckhead and others as ldortgage Trustees involving thirty-eight (38) separate parcels of property in the so-called Fenimore Cooper development. The sale was held on the 25th of August, 1942, at the Court House in White PIains by a referee appointed by the court and the Town entered bids upon all of the parcels for the full amount of the taxes due, including interest and penalties to the date of sale witIa a proportionate share of the cost of foreclosure added in each instance . He reported that one parcel, Do . 21 covering Section 2, Block SA, Lots 82C and 83, was sold to Robert Herrmann for $753.00, which was the total amount of the taxes with penalties and interest plus the pro- portionate share of the cost of foreclosure and that there was also pre- sent at the sale Mr. John G. Byler, who resides at 17 Mohegan Road, Tar . Burleigh R. Waterman, who resides at 15 Avon Road, and Mr. H. S . Woodward, who resides at 138 Rockland Avenue . After considering the matter these gentlemen who were interested in purchasing lots adjoining their present holding decided to let the Town purchase and submit their bids to the Town Board. The balance of the thirty-eight parcels were then sold to the Town of Mamaroneck, The 'Town Attorney further reported that he had received letters from James T . Heenehan, attorney, representing Mr . Byler and Mr . Waterman, making the follwing offers for the lots adjoining their present holdings Mr. John Byler offers $599.17 for Block 208 Parcel 487 formerly known as secion 2 Block 8A Lot 56. The purchase is made subject to school taxes which Mr.Byler will pay and the amount of $599.17 is the amount for which the property was bought by the Town plus $10.00 Mr. Burleigh R. Waterman offers $986.37 for Block 208 Parcel 54 formerly knwon as Section 2 Block 8A Lot 15B. The purchase is also made subject to the school taxes which Mr. Waterman will pay and the amount of $986.37 represents the amount for which the town bought this parcel plus $10.00 The he submitted an offer received from Mildred Sanford real estate broker offering on behalf of her client Samuel H. Pomerance residing at 25 Mohengan Road for the purchase of Block 208 Parcel 525 formerly known as section 2 Block 8A lot 60 $750.00. The amount for which this parcel was sold to the Town he stated was $504.45 After discussion the Board announced that it would consider all of these offers but that no further action would be taken on these offers at this time Following further discussion the Town Clerk was directed to write letters to the Mamaroneck Real Estate Board and the Larchmont Real Estate Board and advise them that the Town no owns this land and that if their organizations had any suggestions in connections with the sale of the same the Town Board would be very happy to receive them On motion by Councilman Mnadeville seconded by Councilman Brewer the following resolution was unanimously adopted WHEREAS in foreclosure proceedings instituted by the Town of Mamaroneck against Oliver W. Birckhead et al the referee duly appointed for that purpose by order of the Supreme Court sold to the Town of Mamaroneck property described as : Sec Blk Lot Sec Blk Lot 2 8 22 2 8A 44B 2 8 23 2 8A 48 2 8 34,35 2 8A 53 2 8 Plot AA 2 8A Plot A 2 8AA 165 3 15B 32 12 Sec . Elk. Lot 2 8 22 2 5 23 2 S 34,35 2 8 Plot AA 2 8AA 165 present holdings : .17 for Block 205, Parcel '457, ion 2, Block SA, Lot 56. object to school taxes ?,,rhich the amount of X599 .17 is the roperty was bought by the ffers $986.37 for Blocs. 205, oT,m as Section 2, Block SA, is also made subject to the v7aterman will nay and the esents the amount for which arcel plus $10.00 . received from Llildred Sanford, f of her client, Samuel H. d, for the purchase of Block 205, 2, Block SA, Lot 60, 050.00 . sold to the To n1, he stated, oTas announced that it would consider er action would be taken on these on the Town Clerk was directed to Estate Board and the La'rchmcnt at the Tom no owns this land and suggestions in connection with the ld be very happy to receive them. andeville, seconded by Councilman s unanimously adopted: roceedings instituted by the It Oliver W. Birckhead, et al. , sed for that purpose by order .d to the Town of illamaroneck Sec . Blk. Lot 2 8A 44B 2 SP. 48 2 SA 53 2 811 Plot A 3 15B 32 Sec . Bilk. Lot 2 8 45B1440 -- 2 8A 47,46B 2 8A 90 2 8A 92 2 8A 94 2 8A 95 to 103 2 8 Part of 16 8 67 Part of 17 75A Part of 20 2 20 2 8A 60 2 8A 61A,62 -- 2 8A 84,85B 2 8r'_ 15B 2 8A 25, 26 2 8A 42 on the Assessment Map of the Town of Mamaroneck; and WHEREAS the said referee has applied to the payment of certain taxes, assessmens and tax liens owned by and due to the Town of Mamaroneck, together with interest and penalties thereon to the date of sale, the sum of $43,615 .45 which taxes, assessments and tax liens are required to be cancelled by the provisions of Section 54 of the 1,estchester Count Tax Act. NOW THEREFORE, BE IT RESOLVED that the following taxes, assessments and tax liens are hereby cancelled: Year of Amount of Sale Lien 1939 $ 142.69 1940 137.88 1941 138 .97 1942 138.76 1942 S.C.T. 90.09 Current 15B m 1939 122.42 1940 118.31 1941 119 .22 1942 119.03 19.,:2 S.C.T. 77 .22 41B C u,•r ent Sect 1940 3 333 .79 1941 365 .10 1942 335 .90 1942 S.C.T. 214.92 Current 1939 4,31,375 .38 1940 1,311.09 1941 11314.46 1942 1,320.73 1942 S.C.T. 821.33 41B Current Sec . Bik. Lot 3 15B 1C 3 15B 41B 3 15B 29A 3 15B 1B,30 2 8 60,61 to 64, 65B 2 8 67 8 75A 2 8A 35 2 8A 38 2 8A 39 2 8A 40 2 8A 40A 2 8A 56 ' 2 8A 58B, 59 55 .64 37.22 20.84 4.16 6.31 42.74 31.94 17 .88 3 . 57 5.41 2 . Block 8 . Lots 90.12 54.76 10.07 15 .04 2 Block 8 . Plot a 536.39 353 .99 197.16 39 .62 57.49 Total 198.33 175 .10 159 .81 142.92 96.40 170.16 150 .25 137 .10 122.60 82.63 $ 423 .91 419 .86 345 .97 229.96 $1,911.77 1,665 .08 1, 511.62 1,360.35 878.82 Section 2 , 3lock Year of Amount of Sale Lien 1940 128.68 1941 129. 52 1942 129 .11 1942 S.C.T. 84.04 Current 1939 $ 172. 58 1939 516.24 F 1940 512.66 1941 611.30 1942 610 .34 1942 S.C.T. 397.93 Current Section 2, Block 8k, 1939 102.12 1940 86.96 1941 87.63 1942 87. 51 1942 S .C.T. 56.63 Current q Poti fln 2- Block 8A. 1939 102.12 1940 98.71 1941 99.48 1942 99 .32 1942 S .C.T. 64.35 Current Section 2 Block 8A 1939 122.42 1940 98.71 1941 99 .48 1942 99 .32 1942 S.C.T. 64.35 Current fiar.tioii 2. Block 81 1939 a ;940 19141 19!,2 1942 S.C.T. Current 2 1939 1940 1941 1942 1942 S.C.T. Current 2 1939 1940 1941 1942 1942 S.C.T. Current Section 1939 1940 1941 1942 1942 S.C.T. Current 243 .56 235 .34 237.20 237 .33 154.44 487.12 470.67 474.40 473 .92 308.57 690.13 530.49 512.97 512.16 333.84 Block 40.81 88.90 91. 58 91.4.4 59 .20 Interest or Penalt v 34.74 19 .42 3 .87 5.88 67.30 201.33 136'.41 91.69 18.11 27 .86 a 39 .52 23.45 13 .14 2.62 3 .96 39 .82 26.65 14.92 2.97 4. 50 47.74 26.65 14.92 2.97 4. 50 Lots 95 94.98 63 . 54 35 . 58 7.11 10.31 189 .97 127.08 71.16 14.21 21.62 269.15 143 .23 76.94 15 .36 23 .37 Lot 60 15 .91 24.00 13.73 2.74 4.14 Total $ 163.42 148.94 132.98 89 .92 239 .88 717. 57 651.07 702.99 628.45 425 . 79 141.94 110.41 100.77 90.13 60. 59 $ 141.94 125 .36 114.40 102.29 65 .85 p 170.16 125 .36 114.40 102.29 68.85 335.54 298.88 272.78 2J,.4.4-/+ 165 .25 $ 677.09 597.75 545 . 56 488 .13 330.49 959 .23 673 .72 589 .91 527 . 52 357.21 56.72 112.90 105 .31 94.18 63 .34 a i Section 2, Blo Year of Amount of Sale Lien 1939a 162.96 1940 206.46 1941 208.08 1942 207.76 1942 S.C.T. 135 .13 Current 1939 1940 1941 1942 194.2 S.C .T. Current Secti on 2 . Block 69 .69 141.80 142.92 112. 70 92.66 1939 167.01 1940 161.39 1941 ..162.67 1942 162.41 1942 S.C.T. 105 . 53 Current Section 2. Bloc] 1939 235 .95 1940 255 .44 1941 257.44 1942 257.05 1942 S.C.T. 167.31 Current 1939 1940 1941 1942 1942 S.C.T. Current 1939 1940 1941 1942 1942 S.C.T. Current 142.69 115.31 119 .22 119 .03 77.22 142.69 118 .31 199 .22 119 .03 77.22 1939 94.01 1940 94.79 1941 95 . 54 19472 95 .39 1942 S.C .T. 61.77 Current Section 2 , 1939 122./ 2 1940 79.12 1941 79.73 1942 79 .61 1942 S .C.T. 51.48 Current terest or 63. 55 55.74 31 .21 6.23 9.46 27.17 38 .28 21.43 4.28 6.49 Lot 65.13 43 . 57 24.40 4.87 7.39 92.02 68.96 38.61 7.71 11.71 8H. Lot 55 .64 31.94 17.86 3 . 57 5.41 55.64 31.94 17.88 3 . 57 5 .41 36.66 25 . 59 14.33 2.86 4.32 . Lot 47.74 21.36 11.95 2.38 3 .60 62 I Total 226. 51 262.20 239 .29 213 .99 144. 59 96 .86 180.08 164.35 146.98 99 .15 232.14 204.96 187.07 167.25 112.92 327.97 324.40 296.05 264.76 179.02 198.33 150.25 137.10 122.60 82.63 198.33 150.25 137 .10 122.60 82.63 130.67 120 .38 109.87 98 .25 66.09 170.16 100.48 91.68 81.99 55 .08 Year of Amount of Sale Lien 1939 61. 58 1940 4.67 1941 4.70 1942 4.69 1942 S.C.T. 2.57 Current 1939 69.48 1940 79.12 1941 79.73 1942 79.61 1942 S.C. T. 51.48 Current 3.86 1939 172.58 1940 166.31 1941 169 .84 1042 170.88 1942 S.C.T. 104. 51 Current Section 3 Bloc: 1939 189 .76 1940 170.02 1941 171.35 1942 171.08 1942 S.C.T. 111.19 Current Section 3 , Bloc 1938 11. 68 1939 21.02 1940 6.63 1941 6.67 1942 6.66 1942 S .C.T. 3.86 Current 2.75 1939 310.05 1940 298 .76 1941 305 .10 1942 306.98 1942 S.C .T. 188 .12 Current 4.83 Section 2 , B 1939 606.81 1040 706.01 1941 711.60 1942 710.49 - 1942 S.C.T. 463 .31 Current 4.83 1939 1940 1941 1942 1942 S .C.T. Current 81.98 79 .12 79.73 79.62 51.48 Interest or 239 .88 Penalty Total 24.01 $ 85 . 59 1.26 5 .93 .70 5.40 .14 4.83 .18 2.75 Lot 32 27.09 96. 57 21.36 100.48 11.95 91.68 2.38 81.99 3 .60 55.08 67.30 239 .88 44.90 25 .47 195 .31 5 .12 176.00 7.32 111.83 74.00 45 .90 25 .70 5 .13 7.78 Lot 5.95 8.19 1.79 1.00 .20 .27 120.91 80.66 45 .76 9 .20 13.17 236.65 190. 62 106.74 21.31 32.43 31.97 21.36 11.95 2.38 3.60 61 263 .76 215 .92 197.05 176.21 118.97 17.63 29 .21 8.42 7.67 6.86 4.13 430.96 379.42 350 .86 316.18 201.29 843 .46 896.63 818 .34 731.80 495.74 113 .95 100.48 91.68 82.00 55.08 ....__....... Year of Amount of Sale Lien 1938 $ 162.99 1939 177.05 1940 77 .29 1941 93 .30 1942 94.44 1942 S.C.T. 47. 55 Current 1939 142.69 1940 118.31 1941 119 .22 1,,42 119.03 1942 S.C.T. 77.22 Current 1939 154.85 1940 149 .64 1941 150.82 1942 150. 58 1942 S.C.T. 97 .81 Current Section 2, Block 1939 102.12 1940 114.37 1941 115 .27 1942 115 .10 1942 S.C.T. 74.64 Current Section 2 . Block 1939 1940 1941 1942 1942 S.C.T. Current 1'939 1940 1941 1942 1942 S.C.T. Current Section 1939 1940 1941 1942 1942 S.C.T. Current 1939 1940 1941 1942 1942 S.c.T. Current 98.07 94.79 95. 54 95 .39 61.77 Block 102.12 114.37 115 .27 115 .10 74.64 61. 58 106. 53 107.39 107 .22 69 . 50 81.61 172. 57 172.54 172.27 111.97 Interest or Penalty 8A 8A L 83.12 69 .04 20.86 13 .99 2.83 3 .33 55 .64 31.94 17.8888 3 . 57 5 .41 60.39 40.40 22.62 4. 51 6.85 t 39 39 .82 30.87 17.29 3 .45 5.22 38.24 25 .59 14.33 2.86 4.32 39 .82 30.87 17.29 3 .45 5.22 24.01 28.76 16.10 3 .21 4.87 is 58B 31.82 46. 59 25.88 5 .16 7.84 Total 246.11 246.09 98 .15 107.29 97.27 50.88 198 .33 150.25 137.10 122.60 82.63 215 .24 190.04 173 .44 155.09 104.66 141.94 145 .24 132. 56 118. 55 79.86 136.31 120.38 109 .887 98.25 66.09 141.94 145 .2L 132. 56 118 . 55 79.86 85 . 59 135 .29 123 .49 110.43 74.37 113 .43 219.16 198.42 177.43 119.81 The Town Attorney recommended the following which was on motion by Councilman Griffin, seconded by Councilman Brewer, upon roll call unanimously adopted: RESOLVED, that the Comptroller of the Town be and he hereby is authorized to transfer the sum of Ql,000 from the unexpended balance of the item in the 1942 budget provided for ""Certiorari Costs" to the item known as "Tax Lien Foreclosure Costs" . The following form of an agreement for the rental of Town equipment was submitted by the Town Attorney. AGREEMENT made this day of September, 1942, between A. J . Foote as Superitendent of Highways of the Town of Mamaroneck, a municipal corporation, acting with the approval of the Town Board of the Town of Mamaroneck and by authority of resolution adopted by the Town Board of the Tenn of Mamaroneck on the day of , 1942, hereinafter referred to as the lessor, and Hodge & Hammond, Inc . a corporation incorporated under the laves of the State of New York, having its principal office at 1162 Grinnell Place, Borough of Bronx, New York, hereinafter referred to as the lessee, W I T N E S S T H: WHEREAS, the lessor has received a proposition from the lessee for the rental of one Gardner-Denver 315 actual cu. ft. two-stage gasoline driven portable air compressor, mounted on rubber tired steel wheels, serial No. 71557, which constitutes part of the Highway machinery, tools and equipment owned by the Town of hamaroneck, such compressor to be used by the Government of the United States in the construction of an air field at the United States Military Academy, West Point, vew York; and WHEREAS, the lessee has been authorized. by the United States Government (General industrial Equipment Branch War Production Board) to reconditon the said compressor and offer the same for sale or rental the United States Government by letter dated June 30th, 1942, photostatic copy of which is hereto attached; and WHEREAS, the 'Town Board of the Town of Mamaroneck has approved the rental and optional purchase by the United States Government, subject to the approval of the County Commissioner of Public Works acting as County Superintendent of Highways, upon the representation made by the lessee that it is a cor- noration engaged upon a defense project for a defense contract with the Government of the United States, as provided in Sec- tion 142a of the Highway Law of the State of New York, as added by Chapter 247 of the Laws of 1942. NOW, THEREFORE, in Consideration of the premises it is mutually agreed by and between the respective parties hereto as follows: FIRST. The lesson has this day rented to the lessee, one Gardner-Denver 315 actual cu. ft. two-stage gasoline driven portable air compressor, mouted on rubber tired steel wheels, serial No. 71557, for which the lessee agrees to pay the lessor as rental therefor, $337. 50 Per month, provided that if said compressor is used or worked in excess of 2110 hours in any month, the lessee will pay as additonal rental, the sum of 70 cents per hour for each hour in excess of 240 hours that the said com- pressor is so worked, it being understood and agreed that the additional rental is at the rate of 50% of the basic monthly rental . The monthly rental of 1337. 50 is to be paid in advance for the first month and $337.50 per month in advance for each succeeding month, provided that at the end of each month there shall be paid in addition to the monthly rental in advance for the next succeeding month, any amount due to the lessor as additional rental for overtime use of said compressor as herein provided. ; , SECOND. It is understood and agreed that the term of this lease or agreement shall not be less than two months . TrIIRD. Delivery of the said compressor is to be made to the lessee at its present location, i.e. the Highway Yard or garage maintained by the Town of Mamaroneck on Palmer Avenue in the Town of Mamaroneck and all transportation charges from the point of delivery to the United States Military Academy at West Point and return charges to the Town Yard in the Town of aamaroneck are to be paid by the lessee . FOURTH. The lessee agrees that the said compressor is rented solely for use in the construction of an air field at the United States Alitary Academy at West Point, New York, and is, under no circumstances, the used in any other place, for any other purpose or upon any other project and lessee warrants and represents that it is a corporation engaged upon this defense project for the Government of the United States at (West Point, New York. , FIFTH. The lessee agrees with the lessor as follows : (a) That the lessee assumes full responsibility for the said compressor during the rental period and agrees to return it in as good condition as received, less wear incident to normal use under the terms of this agreement, which shall include pneumatic tires used on said compressor and the lessee agrees to assume the proper lubricants as re— commended by the lessee. (b) That the lessee agrees to assume all liability and responsibility for loss or damage arising on account of accidents to persons or property and further agrees to indemnify and hold harmless the lessor and Town of aamaroneck because of loss damage, expense and penalty arising from any action or cause of action on account of injury to persons or damage to property occasioned by the possession, use, operation, handling or transportation of the said compressor during the existence of this agreement. . (c) That if rental is in default under the terms of this agreement or if, in the opinion of the lessor, the said compressor is being damaged in excess of wear and tear, the lessor may take possession of the said compressor upon twenty—four hours ' notice to the lessee. (d) That the lessor shall not be responsible for any defective material in the said compressor or for motor or engine trouble, it being understood: and agreed that. the said compressor is rented under this agreement in its present condition which has been determined by the lessee as the result of an inspection thereof. (e) That at all tines during the term of this agreement, the lessee will obtain and keep in force, policies of insurance covering the to loss of said compressor as a result of fire or theft. SIXTH. In the event that the united States Government exercises its right to acqurie or "recapture" said compressor within six mouths of the date of this agreement, the lessor agrees to execute and deliver to the United States Government, a bill of sale to the United States Government, a bill of sale to the United States Government upon payment of the sum of 63,352. 50 less rental paid to the date the option is exercised, provided that delivery may be made by the lessor at the location where the compressor then is. If the United States Government, however, does not exercise is right to acquire or "recapture" the said compressor within the period stated, then this agreement shall constitute an agreement solely for the rental of said compressor as herein provided. SEVENTH. No verbal lease or agreement in respect to the subject matter of the foregoing lease or agreement other than this agreement has been made, and it contains the whole agreement between the parties ',hereto . EIGHTH. This agreement is executed in duplicate by both parties and one copy has been delivered to each of the parties . NINTH. This agreement shall become effective only _ upon approval by the Commissioner of Public Works acting as County Superintendent of Highways of Westchester County. IN WITNESS WEEREOF, this agreement has been duly executed by the parties hereto . By HODGE & HAMMOND, Inc . Following some discussion: Griffin, seconded by Councilman Brewer upon roll call unanimously RESOLVED, that the Supererintendent of Highways be and he hereby is authrized to sign the above agreement for the rental of Town-owned equipment The Town Attorney presented for the records copies of the determination of the State Tax Commiission "In the Matter of the Appeal - of the Toyn of Mamaroneck from the equalization of assessments and correction of the assessment rolls of the several tax districts of the County of bestchester, as made by the County Tax Commission of Westchester County and filed with the Clerk of the Board of Supervisors of Westchester County and with the County Executive on December 20, 1941. " The Town Attorney presented a written report on his findings in connection with the question of title to the street known as Taylor Place . He stated that nothing further could be done without authority from the Board. Following some discussion during which it was decided that any further action would cause considerable expense, it was on motion by Councilman handeville, seconded'', by Councilman Griffin, upon roll call, unanimously RESOLVED, that the Town Board at this time decline to take further action on the question of title to the street known as Taylor Place because of lack of funds'. The Town Attorney informed the Board that he wished to attend the meeting of the Association of Towns at Syracuse, New York, at which a discussion Would be held on the new law affecting budget procedure. He also said that he would like to see the Corporation Counsel of Syracuse to discuss with him the plan in effect in that city for the assessment of telephone equipment on private property. On motion by Councilman Mandeville, seconded by Councilman Griffin, it was upon roll call, unanimously RESOLVED, that the Town attorney be and he hereby is authorized to attend the meeting of the Association of Towns to be held on September 9, 1942, at Syracuse, New York, and also to confer with the Corporation Counsel of Syracuse on assessments; and be it FURTHER RESOLVED, that the Attorney be alloyed '$20.00 over and above the railroad fare as expenses, the sane to be paid out of the budget item in the Legal Depart- ment for such expenses . The Town Clerk was directed to arrange a meeting for the purpose of holding a discussion on the annual report for the year 19)+1 filed by the Town auditors, Glick-Freedman. Wednesday, September 9, 1942, was set as a tentative date . ', The following reports for the month of August, 192,2, were received and ordered filed: (1) Report of the Receiver of Taxes; (2) Report of the Building inspector and (3) Report of the Plumbing Inspector. At 11:15 P . M. the Board ',unaninnously resolved to adourn. tM