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HomeMy WebLinkAbout1943_03_17 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD MARCH 17, 1943 In the Council Room of the 'Weaver Street Firehouse, Town of Mama- roneck, New York. The meeting was called to order at 8:00 P. M. Eastern War Time by Supervisor Mandeville. Present: Supervisor Mandeville Councilmen Keeler and Meighan Absent: Councilman The presence was also noted of Town Clerk Payne, Town Attor- ney Delius, Comptroller Orsino, Assessor Smith, and Superintendent of Highways and Town Engineer Foote . ' The Board held a brief executive session following which the regular order of business was commenced. The minutes of the meetings of February 10, February 24 and March 3, 1913, were approved as presented. The Supervisor asked the Town Clerk to read the communica- tions. Complying with the instructions of the Board at the meeting on March 3rd, a letter dated March 13, 1943 was received from Assessor James M. Smith, requesting that the 1937 taxes, sale of 1938, on pro- perty owned by Westchester Joint Water Works No. 1 and described as Block 820, Parcel 421 (formerly known as Section 8, Block 62, Lot 4) be cancelled. The Assessor explained that on the assessment roll of 1937 he had assessed the property as taxable, because he was under the impression that it was not being used for Water Works purposes . Later he learned that the lot was being used by the Water Works for storing pipe and it was carried thereafter as exempt property. On motion by Councilman Keeler, seconded by Councilman Meighan, it was upon roll call unanimously RESOLVED, that in view of the fact that Westchester Joint Water Works, No. 1 has proved to the satisfac- tion of the Assessor that property known as Block 820, Parcel 421, (formerly described as Section 8, Block 62, Lot 4) and assessed in the name of Westchester Joint Water Works, No. 1 was and is used for the purpose of storing pipe, the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to cancel the 1937 taxes, sale of 1938, in the amount of $23.92 against said property, as same is considered necessary to the operation of ''Westchester Joint Water Works, No . 1. A letter dated March 15 1943, was received from Atlantic Municipal Corporation offering to !purchase from the 'Town by assign- ment the lien amounting to $1,065 .22 for the 1941 taxes, sale of 1942, on Block 213, Parcel 175, assessed in the name of W. F. Palmer, with interest computed at 6 per cent per annum from the date of sale. Supervisor Mandeville explained that the property is located on Rockland Avenue and by selling the lien to the Atlantic Municipal Corporation it will enable the owner to satisfy the lien on a partial payment basis and will also reduce the amount of the Town' s outstand- ing taxes . He recommended that the lien be assigned. On motion by Councilman 'Meighan, seconded by Councilman Keeler, it was upon roll call unanimously x- RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to sell by assignment the Atlantic Municipal Corporation, 55 Fifth Avenue, New York, the tax lien now owned by the town for the 1941 taxes, sale of 19/,2, in the amount of $1,065.22, plus 6 percent interest per annum from the date of sale, on property described as Block 213, Parcel 175. The Town Clerk stated at he had been asked to carry to the - Board the recommendation of the maroneck Republican Town Committee that Mr. David A. Embury be appointed as councilman to fill the vacancy existing on the Board. Supervisor Mandeville stated that Mr. Embury had been doing a fine job as Chairman of the Board of Park Commissioners of the town and that he was very glad to recommend his appointment. On motion by Councilman Keeler, seconded by Councilman Meighan, the following resolution was offered: RESOLVED, that David A. Embury be and he herebyis appointed as a councilman of the Town of Mamaro- neck to fill the vacancy presently existing on the Town Board. The foregoing resolved was adopted by the following vote: AYES: Supervisor Mandeville Councilmen 'Meighan and Keeler NOES: None Councilman Meighan was asked to try to contact Mr. Embury by telephone to advise him of the appointment and to invite him to attend the meeting. The Supervisor suggested that in the meantime the regular order of business be resumed. The Town Clerk read a report concerning the bids received on March 16, 1943 by the Highway Department on three trucks which in accordance with the instructions of the Town Board had been offered for sale by Superintendent of Highways Foote. The reports showed that the following bids had been received: I. Sculky $ 225.00 Rubino Brothers, Inc. 215.00 Tunick Bros. 100.00 Atlas Auto Wreckers 66. 50 Supervisor Mandeville reported that since the advertisement had been authorized and the bids received Village Manager Johnson of the Village of Mamaroneck had indicated some interest in the winch truck. He suggested that if Mr.Johnson is still interested, the town should certainly give the Village of Pdiamaroneck preference over other buyers and recommended that Mr. Foote be directed to contact him and work out some arrangement. Mr. Foote was so directed. Upon the suggestion of Councilman Keeler the Board agreed that action on the bids received on March 16, 1943 be deferred until the next meeting. Mr. Mandeville pointed out that while the amount the town would get for these trucks might seem small, the saving on insurance would be considerable. The Town Clerk read a letter dated March 11, 1943.,, from Ward LaFrance of New York City informing the town that they have for sale a late model Diamond T chassis truck, equipped with a cab and an automatic hoist and 13-Yard garbage body at approximately ti2,350. Supervisor Mandeville stted that the Highway Department was looking for equipment to replaced trucks to be disposed of and that he and Superintendent of Highways Foote expected to have a report for the Board at the next meeting on the trucks they were inspecting and considering. The Town Clerk read a letter dated March 16, 1943, from Assessor James M. Smith informing the Board that notice had been re- ceived from the Department of Taxation and Finance of new York State, showing a rating of 93 per cent, three points better than last year, and a total increase in special franchise assessments of $193,599 tentatively set for 1913-1944. the report was ordered filed. The following reports we received and ordered filed: (1) Report of the Town Clerk for the month of February, 1943; (2) Annual Report of the Town Clerk for 1912 (3) Report of Mamaroneck Health Center for the month of February, 1943 . The regular order of business was suspended in order to receive and welcome Mr. Embury. The Toim Clerk administered the oath of office and Mr. Embury took his place as a member of the Town Board. The Supervisor asked if 'there was any one present who wished to address the Board. Mr. Donald Jones, one of the owners of Larchmont Acres, ap- peared and stated that he was representing Vim. A. White & Sons, manag- ing agents, as well as the other owners for the purpose of discussing matters concerning the Larchmont Acres development. He stated that he wished to discuss with the Board victory gardens and the parking of automobiles on Richbell Road. He said that when they purchased Larchmont Acres they were anxious to do something about the parking situation and had taken an option on a piece of land behind the apartment house but that they had discovered that the land was very inaccessible and unsuitable for a parking space and consequently gave up the option. He stated that he had talked with former Supervisor McCulloch several times about the problem and had tried to buy the property across the street from the apartment house, but that the oimerts price had been unreasonable. He said that he understood that the town was foreclosing the property and inquired how far along the action had progressed. Attorney Delius stated that the town had started foreclosures proceedings but had been unable to serve one of the parties owning the property. Mr. Jones then explained that they had received many requests for land on which to plant victor gardens and that a committee of tenants of Larchmont Acres had secured permission to use the same land opposite the apartment house for this purpose. He said that his reason for discussing it with the Board was to find out if the town should acquire title to the property, whether or not the people who had started victory gardens would be "thrown out" . Mr. Cummings, manager of Larchmont Acres, inquired if the town was permitting residents of the town to use town-owned land for victory gardens. Supervisor Mandeville assured him that the Town Board is en- couraging the planting of victory gardens and is granting permission to residents for the use of tovan-owned land for such gardens. Mr . Jones then returned to the question of parked cars and stated that Mr. Edward Petigor, owner of the property referred to, had threatened him time and time again and had stated that the cars hindered the sale of the property. He said that he did not feel that it is important that the cars be removed because they hinder traffic. He asked Mr. Cummings how many cars he thought parked there during the day. Mr. Cummings replied that there were not very many. He then outlined the difficulties confronting them. He said that they had been requested to convert their heating system to coal, that their buses were to be taken off because of war conditions and that if the cars had to be taken off Richbell Road, it would be a serious drawback to the successful operation of the property. He asked the Board' s consideration because of the undue hardship which would result. Supervisor Ydiandeville explained that Mr. Petigor had visited the office many times before and since he had become supervisor and had pointed out why the town should remove these cars. He asked Mr. Delius to explain the whole situation. Town Attorney Delius explained that ever since the apartments were completed there had been difficulties about parking facilities . He said that the garage space has been insufficient and that more or less from the beginning cars were', parked on Richbell Road. During the same period taxes began to become in arrears on the Petigor property and he said that he believed that that the liens would go to sale for the third year this May. He stated that when the F. H. A. owned the property they thought they might 'get some more land and this finally culminated during Supervisor McCuliochts time but that nothing ever resulted out of negotiations by the owners with adjoining private owners. Mr. Delius said that whie Mr. Petigor claims that this parking is doing damage to his property, he personally failed to see how any one can find that parking in front of vacant property is going to be considered a public nuisance. He called to the attention of the Board that in November, 1941, the Town Board adopted ordinances after a public hearing, setting up the Police Commission as a body with deie- gated authority to make parking aras, prohibit parking and things of that kind. He said that a few days ago he had written a letter to the Police Commission suggesting that Mr. Petigor was insisting that this parking was a bad thing and that the following letter had been received from the Police Commission: March 15, 1943 . Owen A. Mandeville, Esq. Supervisor, Town of Mamaroneck, Vuestchester County, New York. Sir: LARCHMONT ACRES PARKING As suggested, the Board of Police Commissioners reviewed with care the 'conditionsprevailing in the Rich- bell Road parking problem. Parking on either the Post Road or Palmer Avenue involves traffic hazards precluding any relaxation of existing restrictions. Parking on Richbell Road is likewise not desirable, particulaiiy under existing dimout regulations; but there is no other alter- native in the absence of other facilities. In October, 1941 the Commission adopted a reso- lution restricting parking on Richbell Road, from the Village line to Palmer Avenue, to the East side of the street only; and this the Commission continues to believe is the appropriate conclusion under existing circumstances . It seems to be unduly harsh and unreasonable to prohibit parking entirely in the vicinity of Larchmont Acres. Ob- viously, the ultimate solution lies in providing suitable and adequate parking facilities off the highway, butthis is a matter beyond the province of the Commission. Respectfully submitted, BOARD OF POLICE COI&IISSIONERS Victor H. Stempf VHS:HHL Secretary Mr. Delius stated that he saw no merit in Mr. Petigor' s claim that he was going to sue the town. Councilman Keeler inquired if all of Richbell Road is in the town. Supervisor Mandeville replied that it was, except for the end near the Boston Post Road which is in the Village of Mamaroneck and that there, because of a request from Robard's, the parking had been stopped by the Village. - Mr. Mandeville suggested that Mr. Jones purchase the tax liens outstanding on the Petigor property rather than assume that the town is going to own the property because of the taxes against it. Mr. Jones said. that it would be better for them if they could buy the property rather than the liens, then they would construct a park, tennis courts and perhaps a, swimming pool as well as a parking space. Supervisor Mandeville stated that as far as he could see the Town Boardts hands were tied and they could take no position as far as the property is concerned. He said that it was a problem that the present owner or whoever owns the apartment house at some future date is going to have to solve. Mr. Jones commented that these were pretty hard times to insist on removing the cars, particularly when the parking is doing no harm. Councilman Meighan stated that the owner of the property may use his property as he chooses and that he did not see how the Board could take any position. Councilman Embury also said that he did not see how the Board could take any position in the matter. Mr. Jones stated that all that he was asking was that the Board bear along with them and that they would try to work out some- thing. Councilman Keeler said that the Town Board does not wish to be oppressive in any way and suggested that he be patient until some- thing could be worked out. Mr. C. C. Merritt, representing the Larchmont Real Estate Board and accompanied by Thomas B. Sutton, also a member of the Real Estate Board, discussed with the Board the question of assessed valu- ations throughout the town. He said that the Larchmont Real Estate Bcard had discussed what could be done to rectify the problem of assessed valuations and it was thought that possibly a group of real estate men in this town could work out with the assessor a plan for reviewing the assessed valuations of the town with the possibility of setting up an entire new assessment roll. He stated that the Real Estate Board thought that there were enough men on their board who are competent to do the job and that, of course, there would be some expense. Every certiorari suit that is brought creates another inequality, he said, and suggested that if the assessments are unequal and they could work with the assessor in reviewing the entire assessment roll, getting the villages to go along with the plan, it might be a step in the right direction. Supervisor Mandeville stated that he had discussed his feel- ings as far as assessments are concerned with Councilman Itdeighan, Town. Attorney Delius, Assessor Smith and Councilman Keeler, that the Torn is spending a lot of money on certiorari proceedings, and how they were going to solve the problem he did not know. Mr. Merritt pointed out that the Town spends a lot of money on certiorari suits while Scarsdale has had no certiorari suits. Supervisor Mandeville inquired if Mr. Merritt had any sug- gestions . Mr. Merritt stated that they had not formed any plan but that they did feel that a committee from the Real Estate Board could be chosen to work with the assessor and map out a re-assessment plan for the entire town. Councilman Meighan commented that it was a matter of money to some extent. Supervisor Mandeville pointed out that the Town had spent last year about $4,000 on certiorari proceedings. Town Attorney Delius stated that the budget amount for these proceedings is never exceeded and that he thought that the Town had kept pace with them pretty well. Mr. Iderritt inquired if he meant that when property is reduced by court action, all property comparable to it is also reduced. Mr. Delius replied that he did. Mr. Sutton stated that he thought that those who were really suffering were those who were not bringing suits. He inquired how much it had cost the Town in taxes aside from the regular legal costs. Supervisor Mandeville informed him that the amount was negligible. Mr. Sutton said that if an appraisal of the town was made, he did not think that it would make much difference in dollars and cents. Supervisor Mandeville pointed out that while assessments might be reduced, the tax rate would increase substantially and that the tax bill would remain about the same . Mr. Merritt said that the correct valuation is more important than the tax rate. Supervisor Mandeville explained, however, that in such a plan it would be necessary to consider the equalization rates which might change . Councilman Embury asked how much difference they thought it would make in the number of certiorari proceedings brought. Councilman Meighan said that that was a very interesting point because he was inclined to believe that the certiorari proceed- ings would not stop. Councilman Keeler pointed out that there is nothing avail- able in this year' s budget so the Town would not be able to go ahead with any plan this year. He suggested that some basis of procedure be worked out along with some estimated cost for consideration in next year' s budget. During further discussion Supervisor Mandeville pointed out that first of all a plan must be formulated and that nothing could be done on the assessment roll until after June. He suggested that Mr. Merritt and Mr. Sutton bring in some plan for the consideration of the Board. He said that he thought that two sections should be done a year in order to cut down the cost. Councilman Keeler stated that the residents of the unincor- porated section of the Town would be standing the expense while the villages would not be interested because it would not affect their taxes very much. Mr. Merritt stated that it was his intention to go to Mayor Goeckler and ask him to go along with the plan. It was agreed that both villages should be contacted. Mr. Sutton said that in his opinion it would be better to go one step further and have one Board of Assessors for the whole town. "If it is possible to have one incinerator, it ought to be possible to have one assessor and it is a waste of money to have three assessors in the town", he stated. Mr. Merritt concluded by stating that there has to be some reasonable comparative value between sales price and assessed valua- tions and that they would work on a plan. The Board thereupon resumed the regular order of business . Supervisor Mandeville presented two petitions received from - the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes . On motion by Councilman Keeler, seconded by Councilman Ieighan, the following resolution was upon roll call unanimously adopted: WHEREAS, the Assessor has presented petitions for the correction of the assessment roll for certain years, pursuant to the provisions of Section 33 of Chapter 105 of the Laws of 1916, as amended, known as the Westchester County Tax Act; and WHEREAS, after due consideration this Board finds it desirable to grant said petitions for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll for the year 1941, school tax of 1942, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Imp. Total 1 6 4A, 5,6B Vera G. Sayers $7,500 23,500 31,000 (107-525) be corrected as follows, in accordance with the pro- visions of sub-division 5 of Section 33: Section Block Lot Owner Land Imp. Total 1 6 4A(107-267) Vera G. Sayers $1,300 1000 1 6 5,6B (107-525) Bankers Trust Co. 6, 200 23, 500 29,700 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 Owner Land Imp. Total 1 6 4A35,6B Vera G. Sayers $7,000 22,000 29,000 (107-525) be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33 : Section Block Lot Owner Land Imp. Total 1 6 4A(107-267) Vera G. Sayers $1000 1000 1 6 5,6B Bankers Trust Co. 5,700 22,000 27,700 (107-525) FURTHER RESOLVED, that the assessment roll for the year 19,42, taxes of 1943, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Imp. Total 1 50 34,35,69Z70 Hallie B. Haselton $ 3, 500 45000 7, 500 (123-3191 be corrected as follows, in accordance with the provisions of sub-division 5 of Section 33: Section Block Lot Owner Land Imp. Total 1 50 3405 Hallie B. Haselton 1,600 1,600 (123-403) 1 50 69,70 Gordon Wright & Wife 1,900 4,000 51900 (123-319) The Supervisor inquired if there were any committee reports . Councilman Keeler reported that the surety bond for Alexander -- Finson in the amount of $10,000 had been approved by him and by the Town Attorney and presented it for the approval of the Board. On motion by Councilman Plleighan, seconded by Councilman Keeler, it was upon roll call unanimously RESOLVED, that Globe Indemnity Company Bond No. A-319078, in the penal sum of $10,000. 1 naming Alexander Finson as principal be and it hereby is approved. Councilman Keeler reported that he had taken up with 11r. Henry E. Mendes, Chairman of the War Council, the matter referred to him at a previous meeting of having the War Council bear the cost in- curred by the Highway Department in salvaging tin cans. He said that Mr. Mendes had informed him that he would not object to the War Council bearing the net loss sustained by the Highway Department, which he thought could be worked out as bookeeping entries on the town' s books, provided the War Council is duly advised of sucy entries. He also stated that he had attended the meeting of the War Council on March 11, 1943, and found the Supervisor there also. He said that the Town is doing everything it can to assist the War Council in their important work. Supervisor Mandeville said that the War Council members are a fine group of people and are doing a great service to the community. Councilman Keeler read a letter dated March 15, 1943, from Henry E. lu'lendes, Chairman of the War Council, in which he nominated for appointment to the War Council, the following persons to fill vacancies caused by resignations on the council and also to recognize certain individuals who have been performing meritorious service in behalf of the cause of civilian protection: Arno R. Kassander, R. Paul Kite, Mrs . J . W. Oliver, Mrs . John J . Sweedler and Mrs . Brevoort Vualden. On motion by Councilman Keeler, seconded by Councilman Embury, it was upon roll call unanimously RESOLVED, that pursuant to the New York State War Emergency Act, the following be and they hereby are appointed to the Town of Mamaroneck War Council: Arno R. Kassander R. Paul Kite Mrs. J. W. Oliver Mrs . John J. Sweedler Mrs. Brevoort Malden Supervisor Mandeville presented a statement prepared by the Town Attorney of the disbursements charged to the 1942 budget appropria- tion for certiorari proceedings and tax lien foreclosures,and a report on certiorari proceedings against the Town. The report was ordered filed. He also presented the following reports which were ordered filed: (1) Summary of Receipts and Disbursements from January 1 to February 28, 1943; (2) Analysis of Budget Appropriations and Expendi- tures from January 1 to February 28, 194 3; (3) Anlysis of Estimated Revenues fro 1943; (4) Claims audited and paid by the Comptroller from March 3 to March 17, 1943. Town Attorney Delius presented a letter dated March 10, 1943, from the Board of Education of Union Free School District No. 1 request- ing the Town to borrow the balance of the unpaid school taxes for the year 1942-1943 . He also presented a certificate from the Receiver of Taxes stating that the amount of the taxes remaining unpaid as of March 17, 1943, for the school district was $83,833 .00. He said that it was customary for the Town to borrow not quite the full amount and that it had been estimated that $78,000 should be borrowed. Councilman Embury introduced the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF $78,000.00 CERTIFICATE OF INDEBTEDNESS IN ANTICIPATION OF UN- COLLECTED TAXES LEVIED FOR SCHOOL PURPOSES. RESOLVED BY THE TOWN BOARD OF THE TOWN OF YATMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. In anticipation of the receipt of taxes levied for school purposes and unpaid in Union Free School District No. 1 of the Town of ;Mamaroneck for the fiscal year beginning July 1, 1943, and ending June 30, 1943, the sum of $78,000.00 shall be borrowed on the credit of the Town, pursuant to Chapter 105 of the Laws of 1916 of the State of New York, as amended, and a Certificate, or Certificates, of Indebtedness of the Town in said amount shall be issued to evidence said loan. Section 2. It is hereby determined and declared: (a) The total amount of taxes levied in said school district for school purposes for said fiscal year, is $859,031.00. -- (b) The total amount of said taxes outstanding and un- collected is $83,833 .00. (c) The total amount heretofore borrowed and outstand- ing in anticipation of the collection of said taxes, is none. Section 3 . The following matters in connection with said Certificates of Indebtedness are hereby determined: Date: April 1, 1943 Maturity: July 1, 1943 Number: TR q#15 Interest rate - To be determined by the Supervisor per annum: Form: Substantially as provided in resolution adopted January 4, 1939, except that the third paragraph of said form shall read "This certificate is issued pursuant to the provisions of Chapter 105 of the Laws — of 1916, as amended, and by virtue of a resolution of the 'Town Board of said Town adopted March 17, 19435 in anticipation of the collection of taxes for school purposes levied in Union Free School District No. 1 of the Town of Mamaroneck for the fiscal year commencing July 1, 1942" . The Supervisor is hereby authorized to determine all matters in connection with said Certificate of Indebted- , ness, the determination of which is not provided for by this or subsequent resolution, and his signature upon said Certificate of Indebtedness shall be conclusive as to such determinations. Said Certificate of Indebtedness shall be signed by the Supervisor and countersigned by the Town Clerk, and shall have the seal of the Town affixed thereto. The Supervisor is hereby authorized and directed to sell said Certificate at private sale at not less than par, without advertise- ment or public bidding, and to deliver the same to the purchaser upon receipt of the purchase price, plus ac- crued interest from the date of the Certificate to the date of delivery. Section 4. The faith and credit of the Town of Mamaroneck are hereby pledged for the punctual payment of the principal of and interest on said Certificates of Indebtedness and, unless otherwise paid, or payment provided for, taxes shall be levied on all the taxable property in said Town in an amount sufficient to pay said principal and interest. On motion of Mr. Embury, seconded by Mr. Keeler, the foregoing resolution was adopted by the following vote: AYES: Councilmen Keeler, Meighan and Embury NOES: None NOT VOTING: Supervisor Mandeville The Town Attorney stated that the Supervisor had signed the warrant for the state, county and town taxes which become a lien April 11 1943, and that it would be in order for the Board to authorize the publication of the notice of the collection of these taxes not later than March 23, 1943, and also to provide for the payment of these taxes in two equal instalments if they so wished. On motion by Councilman Meighan, seconded by Councilman Keeler, it was upon roll call unanimously RESOLVED, that in accordance with the provisions of Section 26 of the Viestchester County Tax Act, "The Daily 'Times", the official newspaper published in the Village and Town of Mamaroneck, and "The Larchmont Times", published in the Village of Larchmont and Town of Mamaroneck, be and they hereby are designated as the newspapers in which the Receiver of Taxes and Assess- ments shall publish the notice of the collection of State, County, Town and District taxes, Special Assess- ments and Water Rents; and be it FURTHER RESOLVED, that said publication be made on March 22, 1943 in "The Daily Times" and on March 25, 1943, in "The Larchmont Times" ; and be it FURTHER RESOLVED, that in accordance with the pro- visions of Section 26 of the Westchester County Tax Act, the Town Board do and it hereby does direct the Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Receiver of Taxes and Assessments, a tax bill for all taxes, assessments and water rents, the expense thereof to be a town charge. On motion by Councilman Meighan, seconded by Councilman Keeler, it was upon roll call unanimously RESOLVED, that pursuant to Section 96A of Chapter 60 of the Consolidated Laws as amended, known as the Tax Law, the Receiver of Taxes and Assessments of the Tow of Mamaroneck is authorized to collect the 1943 State, County, Town and District taxes, assessments for street and sidewalk improvements and water rents which become a lien April 1, 1943, in two partial payments each amounting to fifty per cent of the total of said taxes, assessments and water rents; FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipulation providing for the discontinuance without costs of the certiorari proceedings now pending in the name of Phoenix Mutual Life Insurance Company. Supervisor Mandeville presented a letter signed by Rutledge T. Rate, Building and Plumbing Inspector, recommending that Frances Riley of the Assessor' s Department be reimbursed for doing his steno- graphic work,in addition to her regular work, in the amount of $50.00 provided for in the Building and Plumbing Department budget. On motion by Councilman Keeler, seconded by Councilman Embury it was upon roll call unanimously RESOLVED that Frances Riley is assigned as steno- grpaher to the Building and Plumbing Department, in addition to her other duties, and that her salary as heretofore fixed, is increased to the extent of $50, such assignment and increase in salary to be effective as of March lst and the total amount of such $50 to be paid for the balance of the year 1943 out of the appropriation made in the 1943. budget for stenographer, Building and Plumbing Department. At 11 P. M. the Board adjourned. Town Clerk MM FURTHER RESOLVED, that the Receiver of Taxes and Assessments is authorized and empowered to receive such partial payments or instalments of taxes, assessments and water 'rents at any time prior to the sale of tax liens but subject to the same penalties as are specified and provided in Sec- tion 18 of Chapter 105 of the Laws of 1916 as amended, for the neglect to pay the total amount of said taxes, assessments and water rents; FURTHER RESOLVED, that the acceptance of any such partial payment or instalment of the 1943 taxes,) assessments and water 'rents shall not be deemed to affect in any manner any right of the Town of Ma- maroneck under any General or Special Law to enforce collection of any unpaid balance of such taxes, assessments and water 'rents as may remain due and owing to the Town of Mamaroneck but such rights and powers shall remain in full force and effect to enforce the collection of the unpaid balance of such taxes, assessments and water rents, together with interest, penalties and other lawful charges. Town Attorney Delius stated that he understood that the Police Chief had assiened Patrolman Chauncey Smith as detective for the Police Department to take the place of Joseph Paonessa who has entered the armed forces of the United States, and that the Comp- troller requires a resolution approving the salary increase involved as of March 1, 1943 . On motion by Councilman Keeler, seconded by Councilman Embury, it was upon roll call, unanimously RESOLVED, that the assignment of Patrolman Chauncey Smith as detective in place of Joseph Paonessa, now on temporary leave of absence due to enlistment in the Marine Corps, is approved as made by the Chief of Police and approved by the Board of Police Commissioners, and his salary is fixed at $2,750 in accordance with the budget appropriation for the year 1943, such salary to become effective as of March lst, 1943 . Supervisor Mandeville reported that on March 8, 1943, the Board of Supervisors had passed ' a waste bill which will prohibit tax lien buyers from removing anything from the premises of a build- ing, and also a flood control bill by a vote of 29 to 15 was sent to Albany to be signed, providing for the investigation of flood control throughout the county. He said that there was nothing to report on the incinerator, as additional time has been requested in order to consider carefully all costs before the percentages for each municipality are definitely fixed on an annual basis, which is expected to be about the first of April. Supervisor Mandeville 'read the following letter from the Board of Education of Union Free School District No. 1: March 10, 1943 Hon. Owen A. Mandeville, Supervisor Torn of Mamaroneck Mamaroneck, New York Dear Mr. Mandeville: The Board of Education, at its meeting last evening, authorized the cancellation of the 1942 School Taxes on Block 917, Parcel 515 (apportioned from 921-274, Humphrey Estate) in the amount of $145 .91, by charging this cancellation to the balance due the School District on 1942 School Taxes . Cordially yours (signed) K. G. Van Sciver VS:EB Clerk Town. Attorney Delius explained that the Board of Education had purchased this piece of property from the Humphrey Estate and that the school tax on the property had not been paid. He said that they merely wanted to cancel this school tax by charging it off to the amount owed the school by the Town and clearing the record in that way. On motion by Councilman Keeler, seconded by Councilman Embury, it was upon ­woll call unanimously ' RESOLVED, that the 1942 school taxes on Block 917, Parcel 515 (apportioned ',from Block 921, Parcel 274, Humphrey Estate) in the amount of $145.91 be and it hereby is cancelled by charging it to the balance due the school district on 1942 school taxes . At 10:10 P. M. the Board went into executive session during which they discussed the assessment problem in general. Following the executive session the regular order of business was resumed. The Town Attorney stated that he recommended the settlement of the certiorari proceedings instituted by Phoenix Mutual Life Insur- ance Company, to review the assessment for the year 1942 (tax of 1943) upon property in the Town of Mamaroneck, known as Block 806, Parcel 163, and Block 806, Parcel 141, on the basis of reductions in the assessments as follows : Block 806, Parcel 163 from $14, 500 to 9'12,000 and Block 806, Parcel 141, from $15,000 to $12, 500. Councilman Keeler introduced the following resolution, which was seconded by Councilman Meighan: WHEREAS, heretofore writs of certiorari were obtained by Phoenix Inutual Life Insurance Company, owner of pro- perty described on the assessment map and assessment roll of the Town of Mamaroneck as Block 806, Parcel 163 and Block 806, Parcel 141, to review the assessment on said property for the year 1942 (tax of 1943) ; and WHEREAS, the Assessor and Board of Reviews of the Town of Mamaroneck duly filed returns to said writs, and no further proceedings have been taken; and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and dis- continued upon the reduction in the assessment as follows : Parcel 806, Block 163 from $14, 500 to $12,000 and Block 806, Parcel 141, from $15,000 to $12, 500; NOW, 'THEREFORE, BE IT RESOLVED that the assessment for the year 1942 (tax of 1943) upon the property', owned by Phoenix Mutual Life Insurance Company and described upon the assessment map and assessment roll', of the Town of Mamaroneck as Block 806, Parcel 163 and Block 806, Parcel 141, be reduced from $14, 500 to 412,000 and from $15,000 to $12,500 respectively, provided that the certiorari pro- ceeding for the year 1942 (tax of 1943) be discontinued without costs to the Town of Mamaroneck.