HomeMy WebLinkAbout1943_05_05 Town Board Minutes PUBLIC HEARING AND REGULAR MIEETING OF THE
TOWN BOARD, TOWN OF MAMARONECK, N. Y.
HELD MAY 5, 1943
In the Council Room of the Weaver Street Firehouse, Town of TMamaro-
neck, N. Y.
The meeting was called to order by Supervisor Mandeville at
8 P. M. Eastern -War Time .
Present: Supervisor Mandeville
Councilmen Griffin, Keeler, Embury and Stiner
Absent: None
The presence was also noted of 'Town Clerk Payne, Town. Attorney
Delius, Assessor Smith, Comptroller Orsino, Superintendent of Highways
and Town Engineer Foote, Police Commissioner Johnson and Chief of Police
Yerick.
The Supervisor stated that the first order of business would
be the public hearing called for the purpose of considering certain
amendments to Chapter V of the General Ordinances of the Town of PJiamaro-
neck pertaining to regulations concerning dogs.
The Town Clerk read the affidavit of publication of the notice
of the public hearing published in "The Daily Times" on April 24 , 1943 .
No one appeared at the hearing to comment upon the changes
in the ordinances except Police Commissioner Johnson and Chief Yerick
and they discussed with the Board the proposed amendments .
Town Attorney Delius explained briefly that the amendments
would require that dogs be on leash between the months of May and
October and that they shall not be allowed to run at large during those
months except on the property of the person who ovens the dog or except
on the property of another person with his knowledge and consent. He
said that the provision that the ', owner of a dog which has been impounded
because of the violation of this ordinance shall -pay a penalty of ')10.00
before his dog is released would not be inconsistent with the Agriculture
and Markets Law of the State of New York, but that Section 8 providing
for a fine of $10.00 against the owner of an impounded dog might be. He
suggested that Section 8 as advertised in the public notice be omitted.
Commissioner Johnson stated that the Police Department would
cooperate in every way they could in order to enforce the amendments,
if adopted, but that they were concerned about how they were going to
keep dogs at the police station and about collecting money at the police
station. He suggested that the dog warden might be called each time
a dog is seized and then transferred to him for impounding.
The Supervisor suggested that some method might be worked
out whereby the dog warden could be called by the police department
and asked to pick up the dog. He said that the Town must cooperate
with the victory gardeners and try to keep dogs from running at large.
Following further discussion the Board decided that the
police department and the dog warden should be authorized to seize
dogs running at large and that the dog warden should impound such dogs
and collect a penalty of a10.00, plus charges for keeping the dog,
from the owner of each dog so impounded before releasing the dog.
The hearing was thereupon declared closed and the Board pro-
ceeded to consider a resolution for the adoption of the amendments .
On motion by Councilman Griffin, seconded by Councilman
Stiner, the following resolution was unanimously adopted:
RESOLVED that the Town Board of the Town of `Kamaro-
neck hereby enacts thejfollowing amendments to
Mal,
Chapter V (Animals) of the General Ordinances of the
Town of Mamaroneck as last amended by resolution of
this Board adopted November 5th, 1941:
(1) Section 4 is hereby amended to read as follows:
Section 4. No dog shall be allowed, on any highway,
sidewalk, or public place in the Town of Mamaroneck,
from the first day of May to the first day of October
in any year, unless such dog be held on a leash.
(2) The present Section 5 is hereby repealed and a
new Section 5 is hereby added to read as follows :
Section 5. No animal, except cats, and no fowl shall
be allowed to run at large in the Town of Mamaroneck,
except upon the premises of the person who owns, keeps,
harbors, or otherwise has the case or custody of such
animal or fowl, or except upon the premises of another
person with the knowledge and consent of such other
person.
(3) Section 6 is hereby repealed and a new Section 6
is hereby added to read as follows:
Section 6. No person 'shall cause or permit any animal,
except cats, and no person shall cause or permit any
fowl to run at large in the "Town of Mamaroneck, except
in compliance with Sections 3, 4 or 5 of this chapter.
Any such animal or fowl, so running at large, shall be
liable to be impounded by the police or dog warden duly
appointed pursuant to provisions of the Agriculture and
Markets Law, and any police officer or dog garden is
hereby authorized to impound said animal or fowl and if
the owner or person in charge of such animal or fowl
shall not claim it and jay a -penalty of 110. for the
violation of this ordinance, together with the expense
of impounding and keeping such animal or fowl within
three days, then said animal or fowl may be disposed of
by sale or killing and, ', if by sale, the proceeds thereof
shall be for the use of the Town.
FURTHER RESOLVED that the Town Clerk publish the afore-
said amendments to the General Ordinances in the
Mamaroneck Daily Times, the official newspaper heretofore
designated, and post printed copies thereof in at least
three public places of the Town as provided in Section
133 of the Town Law and that an affidavit of the publica-
tion and posting thereof be filed with the Town Clerk.
It was understood and agreed that the dog warden should be
required to make a monthly report of the fines collected in accord-
ance with the ordinance and that the police department keep a record
of the dogs picked up.
Councilman Keeler recommended that the dog warden be informed
fully of what is expected of him In relation to these amendments.
The Supervisor suggested that the Board proceed with the re-
gular order of business .
On motion by Councilman', Stiner, seconded by Councilman
Keeler, the minutes of the meeting of April 2.1, 1943 were approved
as presented.
The Town Clerk read the communications .
A letter dated flay 1, 1943, addressed to Supervisor Mandeville,
was received from Governor Thomas E. Dewey thanking the people of the
Town of Mamaroneck for the appreciation expressed by the Supervisor on
their behalf of the Governor' s veto action in regard to the Moffat bill
which would have provided for the construction of a through highway for
all purposes over the Pelham-Port', Chester Parkway right-of-way.
A letter dated May 5, 19 .3, was received from the Fire Depart-
ment recommending for approval bar the 'Town Board four new members elected
by the department as active members, after serving the required proba-
tionary period.
On motion by Councilman Keeler, seconded by Councilman Griffin,
it was unanimously
RESOLVED, that upon the recommendation of the Fire
Department the following men, having served the
required probationary period, be and they are hereby
approved as active members of the Town of Mamaroneck
Fire Department:
Allen R. Binckes
Arthur R. Hamilton
Leo T. Jubb
Harold 0 . Thomsen
An application dated April 29, 1943, was received from the
Scarsdale Bus Company, signed by their attorney Warren W. Wells, .for
a public hearing for the consent of the Town of Mamaroneck to operate
its bus line along Palmer Avenue ', in the Town of Mamaroneck, in accord-
ance with the same terms of a resolution adopted by the Board on June 12,
1942, which consent expired on October 12, 1942.
Town Attorney Delius explained that at the hearing held by
the Public Service Commission on April 29, 1943, the Commission had
decided that the Scarsdale Bus Company should obtain the consent of the
various municipalities along the proposed route from New Rochelle to
Larchmont before the Commission would render a decision on their appli-
cation to have a direct bus line from thite Plains to New Rochelle . He
suggested that if the Board wished, a notice could be published for a
hearing to be held on this application at the next meeting of the Board
and that the Board could consider both the application of the County
Transportation Company, on which the Board had reserved decision, and
the application of the Scarsdale Bus Company at the same time .
On motion by Councilmman Embury, seconded by Councilman Keeler,
it was unanimously
RESOLVED, that the following public notice be pub-
lished in "The Daily 'Times" of Mamaroneck on May 7,
1943, and that the Board consider the applications
of the County Transportation Company, Inc . and the
Scarsdale Bus Company to operate a bus line on the
portion of Palmer Avenue lying within the Town of
Mamaroneck between the boundary lines of the Village
of Larchmont and the City of New Rochelle, at the
meeting of the Board to be held on May 19, 1943 :
NOTICE OF HEARING
TAKE NOTICE that a public hearing will be held
by the 'Town Board of the Town of Mamaroneck on the
19th day of May, 1943, at 8 o ' clock in the evening
of that day, in the Council Room of the Weaver Street
Fire House at Weaver Street and 'Edgewood Avenue in the
Town of Mamaroneck, New York, for the purpose of con-
sidering the application of Thomas R. Fisher, Jr. and
Garrison R. Corwin, doing business as the Scarsdale Bus
Company, for the consent of the Town of Mamaroneck,
under the provisions of Sections 66 and 67 of the Trans-
portation Corporations Law of the State of New York for
the operation of motorbuses or omnibuses for the trans-
portation of passengers, and the property carried by said
passengers, for hire, in, upon, along and across certain
streets, avenues and highways in the Town of Mamaroneck,
as follows:
h +
Ir i
BEGINNING on Palmer Lvenue at the boundary
line of the City of New nochelle and the
TovTn of Mamaroneck, easterly on Palmer Avenue
to the westerly boundary line of the Village
of Larchmont and 'Town of Mamaroneck. Returning
via the same route . Being part of a through
route from White Plains to New Rochelle via
Larchmont.
TAKE FURTHER NOTICE that the purpose of said public
hearing is to consider 'the granting of such consent for
the use of the above described portions of streets or
highways in the Tovm of Mamaroneck to Thomas R. Fisher;
jr. and Garrison R. Corwin, doing business as the Scars-
dale Bus Company, and that at said public hearing all
persons interested Trill be given an opportunity to be
heard, this notice being given pursuant to Section 64,
Paragraph 7, of Chapter 62 of the Consolidated. Laws ,
knov,,n as the Town Law, and Sections 66 and 67 of Chap
ter 63 of the Consolidated Laws, known as the Transporta-
tion Corporation Law of the State of Nev, York.
A letter dated May 4, 1943, was received from Ferome A. Barry,
Counanding Officer and Area Supervisor of the Office of the A. W. S.
Section, Post 559A,, Mamaroneck, informing the Board that there was due
from the 'Town of Mamaroneck as its share of the fund for operating the
observation tower on the Manicipal Building of the Village of Mamaroneck
6230 for the balance of the year 1943, and requesting the Board to con-
sider the appropriation of this amount.
On' motion by Councilman Griffin, seconded by Councilman
Keeler, the following resolution was unanimously adopted:
WHEREAS, the Town Board has heretofore, in a resolu-
tion adopted February 3, 19l3, recognized the vital
importance of maintaining the aircraft warning
service for which the observation post is rendering
its services to the unincorporated section of the town
and has contributed toward the expenses of operating
said observation post; '
NOW , THEREFORE, BE IT
RESOLVED, that the Town of Mamaroneck hereby appro-
priates out of the 1943 budget fo'r civilian protection
services the sum of 4230 to pay in full the Town' s
contribution towards the expenses of Ground Observation
Post No . 559A for the balance of the year 1943 at the
rate of $5 .00 per week.
The 'Town Clerk reported that in response to the public notice
in "'The Daily Times" on April 26 1943, requesting bids for the one-
story frame building on torn-owined -premises near the corner of Fenimore
Road and Winged Foot Drive, one bid had been received from kngelo Delli
Colli in the amount of $25 .00, who stated that he would remove the
building to his property at 955 Mamaroneck Avenue, Pamaroneck.
On motion by Councilman Griffin, seconded by Councilman
Stiner, it was unanimously
RESOLVED, that the bid of Angelo Delli Colli
in the amount of $25 .00 for the one-story frame
building near the corner of Fenimore Road and
lfdinged Foot Drive be and it hereby is accepted
with the understanding that the bidder shall comply
to the satisfaction of the Town Attorney with the
conditions specified in the notice.
A letter dated May 5, 1943, was received froriti the Comptroller
requesting authorization from the Board to May out of the 1943 insurance
funds of Garbage District No . 1 the claim amounting to $30.00 of IGiirs.
Estelle Lubetkin of 1 Normandy Road, Town of Mamaroneck.
On motion by Councilman Stiner, seconded by Councilman Keeler,
it was unanimously
RESOLVED, that $30.00 be and it hereby is appro-
priated out of the 1943 insurance funds of Garbage
District No. 1 to pay the claim, as approved by the
Comptroller, of Mrs. Estelle Lubetkin, 1 Normandy
Road, Town of Mamaroneck.
A letter dated April 26, 1943, was received from Rose Stouter,
780 Forest Avenue, Town of Mamaroneck, requesting permission to pay
the 1942 taxes amounting to $36.35 on vacant property known as Block 220,
Parcel 415 at the face amount of the tax.
Following discussion the application was denied for the reason
that the Board can not legally waive interest and penalties on current
taxes and the Town Clerk was instructed to inform Mrs. Stouter to that
effect.
A postcard dated April 22, 1943, offering to demolish at no
cost to the Town the building at the corner of Fenimore Road and Boston
Post Road, commonly known as the ', "Legion" building, was received from
Carlo Iannarelli, 411 English Place, Mamaroneck, and pending a decision
on the disposition of the building, it was ordered placed in the file
pertaining to this matter.
The following reports for the month of April, 1943, were re-
ceived and filed: (1) Report of the Receiver of Taxes; (2) Report of
the Building Inspector; (3) Report of the Plumbing Inspector; and (4)
Report of the Dog Warden.
A statement of the claims audited and paid by the Comptroller
from April 21 to May 5, 1943, was received and ordered filed.
A statement of the bank balances as of 9 A. M. May 55 1943,
was received and ordered filed.
An opinion dated April 24, 1943, rendered in accordance with
the Board' s request at the meeting of April 21, 1943, was received
from Town Attorney Delius, as to the status of the consent or permit
given the Scarsdale Bus Company for the operation of a bus line from
White Plains to New Rochelle on June 12, 1942. It was ordered placed
on file.
Councilman Griffin presented the Public helfare Department
report for the month of April, 1943, which showed as follows and which
was ordered filed:
Total Grasslands
Case Load individuals Expenditures Hospital Amount
1943 69 187 $2,909 .64 20 515935.00
1942 187 707 81149 .99 27 3,200.00
In addition to reading the report Kr, Griffin called to the
attention of the Board the great reduction in welfare costs .
Councilman Keeler reported that since the last meeting; of the
Board he had investigated thoroughly the compensation benefits that
Michael Merola would receive from the State Insurance Fund while he is
on sick leave. He said that he had learned that there would be a wait-
ing period of only one week before payments began and that as long as
the Town is planning to continue to pay Mr. Merolals salary while he is
ill, the State Insurance Fund will reimburse the 'Town to the extent
of the indemnity due Mr. Aerola from the time his disability allowance
starts to the end of the compensation period..
Councilman Keeler read 'a letter dated April 26, 1943, from
Country Attorney William A. Davidson sent to the Supervisor and referred
to him, regarding an amendment to the Highway Law which provides that
U,
the amcunt of the bond which the ' ton supervisors will have to give
from now on for highway purposes is an amount sufficient to cover the
State aid. He explained that the amount of the Highway Bond of the
Supervisor at the present time is $37,500 and that in view of this new
law he would recommend that the bond be written in an amount sufficient
to meet the new requirements of the law.
On motion by Councilman Stiner, seconded by Councilman Embury,
it was unanimously
RESOLVED that Councilman Keeler be and he hereby
is authorized to re-arrange the Highway Bond of
the Supervisor so that the penalty will be in an
amount in accordance with Section 283 of the High-
way Law (now Chapter 692 of the Laws of 1943) .
Councilman Keeler stated that he had read in an issue of "Town
and Country Topics" published by the Association of 'Towns of New York
State that public officials are entitled to tax abatements on railroad
tickets when traveling on official business. He suggested that the
Comptroller find out what applications must be filed in order to secure
these savings for town officials .
Councilman Embury submitted blueprints and specifications
prepared by Otto Eggers, and an estimate received from Town Engineer
Foote of the construction cost, exclusive of landscaping, grading and
excavation other than the excavation for the foundation, in the amount
of 1508 for the addition to the honor roll authorized at the last meet-
ing of the Board. He pointed out that there is just as much masonry
work for this addition as for the original structure. He said that
several estimates had been obtained for the material to be used, but
inasmuch as the original material had been purchased from Henigsonss
he thought that it should be purchased from the same firm for this work
in order that the material might match. The matter was left with the
Park Department .
Councilman Embury reported that Mr. Watson of the Village of
Larchmont Park Committee had spoken to Or. Wang, Chairman of the
`!'own of i_!damaroneck Park Commission, about the unsightly spots along the
railroad tracks near Larchmont Station, especially around the Larchmont-
Mamaroneck joint incinerator.
Supervisor Landeville stated that he would take the matter up
at the next meeting of the incinerator Commission to see if something
could be worked out to improve the appearance of the property.
Councilman Keeler reported that from time to time he had
been requested by the assessor to go over some assessment matters and
that recently Assessor Smith had brought up the question as to whether
or not he should make a trip to Albany to review, the assessments placed
on public utilities by the Public Service Commission. He explained that
in previous years the Public Service Commission would send out engineers
to arnraise the property of the public utilities in the respective com-
munities but that because of the war and the shortgage of help they
were unable to do so this year. He said that the assessor would like
to have authorization from the Board to go to Albany to review the method
of setting up the appraisals for this year.
Following discussion it was on motion by 0ouncilman Embury,
seconded by Councilman Stiner, unanimously
RESOLVED, that the Assessor be and he hereby is
authorized to go to Albany, New York, to review,
-- the appraisals placed on properties of public
utilities in the Torn of Hamar n
o eck by the Public
Service Commission and that he be allowed for
expenses a sum not exceeding 130.00 to be paid out
of the item in the 1943 assessor' s budget provided
for traveling expenses . '
Councilman Keeler reported that there is a shortage of men
in the Fire Department and that he would discuss the problem more fully
with the Board at the next meeting.
0
Upon the recommendation of the Supervisor the follooring re-
solution was on motion by Councilman Keeler, seconded by Councilman
Embury, unanimously adopted:
WHEREAS, the Comptroller of the State of New York
heretofore and on the 20th of November, 1942, ap-
proved an application made by the Supervisor of-
the Town of Lamaroneck 'for the refunding of $60,000.
of bonds maturing in the year 1943, pursuant to pro-
visions of Section 8 of the General Eunicipal Law and
Article VIII of the Constitution; and
WHEREAS the application and the approval thereof
specified certain bonds maturing in the year 1943
in the total sum of $60,000. which are thus to be
refunded and further specifies the fiscal years in
which such refunding bonds shall mature; and
WHEREAS it now appears that the maturities of certain
of these bonds included in the $60,000. have already
been paid and it is necessary to refund only $50,000.
for bonds in the year 1943,
NOW , THEREFORE, BE IT
RESOLVED that the Supervisor of the Town of I, amaro-
neck is hereby authorized and directed on behalf of
the Torun to apply for an amended or supplemental certi-
ficate of approval for refunding of bonds in the year
1943 and in connection therewith to submit to the
Comptroller of the State of Neva York, a new schedule
of indebtedness to be refunded as well as a schedule
of debt service on present obligations and on proposed
refunded bonds in place of similar schedules heretofore
filed in connection with the application for the consent
for refunding.
Councilman Keeler introduced the following resolution:
RESOLUTION PROVIDING FOR THE ISSUANCE OF FIFTY
THOUSAND ($50,000.00) DOLLARS REFUNDING BONDS OF THE
TOItiN OF MAMARONECK, AND PROVIDING FOR THEIR PAITAENT.
WHEREAS, the Town of Mamaroneck has outstanding
the following bonds maturing in the fiscal year 1943, all
of which bear interest at a rate of more than two per
centum (2%) per annum, and all of which it is desired to
refund by the issuance of refunding bonds under Section 8
of the General Municipal Law and for the payment of which
as they mature, no provision has as yet been made, to wit:
$10,000. Highway Improvement bonds, dated
June 1, 1932, maturing June 1, 1943,
$3,000. Highway Improvement Bonds, dated
June 1, 1937, maturing June 1, 1943,
$15,000, W. P. A. Bonds, dated June 1, 1937 ,
maturing June 1, 1943,
$10,000. Highway Improvement Bonds, dated
October 11 1928, maturing October 1,
1943;
$9,000. Highway Improvement Bonds dated
June 1, 1930, maturing June 1, 1943,
3,000. Highway Improvement Bonds, dated
September 1, 1927, maturing September 1,
1943 .
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD
OF THE TOWN OF MAMARONECK, IN THE COUNTY OF WESTCHESTER,
NEW YORK, as follows:
Section 1. There shall be issued bonds of the
Town of Marmaroneck in the aggregate principal amount
of $50,000. pursuant to Section 8 of the General h1uni-
cipal Lary and subject to the approval of the State
Comptroller, for the purpose of refunding the bonds
described in the preamble of this resolution.
Section 2. Said bonds shall be designated "Refunding
Bonds", shall be dated June 1, 1943, and shall mature in
annual installments of principal on June lst of each year,
$10,000, in each of the years 1948 to 1952 inclusive.
Said bonds shall bear interest at a rate not exceed-
ing six per centum (6%) per annum, payable semi-annually
on the first days of June and December in each year, to
be expressed in a multiple of one-tenth or one-quarter
of one per centum, the exact rate to be determined by the
Supervisor upon receipt of bids, shall be numbered in
order of maturity from 1 to 50, both inclusive, shall be
of the denomination of $1,000. each, shall be payable as
to both principal and interest in lawful money of the
United States of America, at the office of the First
National Bank of Mount Vernon, Mount Vernon, New York, or
at the option of the holder, at the principal office of
the Guaranty Trust Company of New York, in the City and
State of New York, shall be coupon bonds, registerable
as to principal and interest, and shall be signed by the
Supervisor and the corporate seal of the Tormm shall be
affixed thereto and attested by the Town Clerk and the
coupons attached thereto shall be authenticated by the
facsimile signature of the Supervisor. Said bonds shall
be issued pursuant to the General Municipal Lave of the
State of New York, as amended, constituting Chapter 24
of the Consolidated Laws.
Section 3. All of said bonds shall contain a recital
that they are issued pursuant to Section 8 of the General
Pdunicipal Law.
Section 4. The proceeds of the sale of such bonds
shall be applied to the payment of said maturing bonds as
they fall due. A proportionate part of each refunding
bond shall be deemed to have been applied to the payment
of each of the several, issues of maturing bonds thereby
refunded.
Section 5 . Said bonds shall be sold by the Supervisor
upon sealed proposals to be received on May 19th, 1943, at
eleven o'clock A. M. Eastern War Time, at the Town Offices,
No. 158 West Boston Post Road, in the Village of Mamaroneck,
in said Town, and the Town Clerk is hereby authorized and
directed to cause a notice of sale of said bonds in sub-
stantially the form hereinafter provided to be published
at least once in the "Daily Times", a newspaper published
in the Town of Mamaroneck, which is hereby designated as
the official newspaper of the 'Town for the purpose of such
publication, not less than five nor more than thirty days
prior to the date of the sale, and also to cause such notice
of sale to be published', at least once in the "Daily Bond
Buyer", a financial newspaper published in the City of hew
York.
Section 6 . Said notice of sale shall be in substantially
the following form:
NOTICE OF SALE
$50,000
TOWN OF MAMARONECK, NEW YORK
REFUNDING BONDS
"Mw
The Supervisor of the Town of Mamaroneck, in the
County of Westchester, New York, will reeeive sealed
bids at the Town Offices, 158 West Boston Post Road, in
the Village of Mamaroneck, in said town, on
MAY', 19, 1943
at 11 o' clock A. M. , Eastern War Time, for:
$50,000 par value Refunding Bonds of said
town, dated June 1, 1943, maturing $10,000.
on June i in each of the years 1948 to 1952
inclusive; denomination $1,000. ; coupon in
form registerablee as to both principal and
interest; purpose and period of usefulness,
to refund bonds of said town maturing in the
fiscal year 1943;', the period of probable
usefulness of the purpose for which the in-
debtedness is contracted is 20 years . Interest
December 1, 1943 and semi-annually thereafter
on the first days of June and December in each
year and at maturity, and principal of said
bonds will be Payable in lawful *coney of the
United States at the office of the First
National Bank of Mount Vernon, Mount Vernon,
New York, or at the option of the holder, at
the principal office of the Guaranty Trust
Company of New York in the City, County and
State of New York.
Bidders must state in their bids a single rate of
interest which all of the bonds are to bear, expressed
in a multiple of 1/4 or 1/10 of one er centum (lo)
but not exceeding six per centum (6%) per annum and must
state the price offered. The bonds will bear the lowest
rate of interest stated by a bidder in a duly acceptable
bid and will be awarded to the bidder stating such lowest
rate. If two or more 'bidders offer to take the bonds at
the same lowest rate, the bonds will be awarded to the
bidder offering to pay the highest price therefor.
No bid will be accepted for separate maturities or
at less than the par value of the bonds or unless accom-
panied by a certified check or bank draft upon an incor-
porated bank or trust company, payable to the order of
the "Town of Mamaroneck, New York" for $1,000.00 being
two per centum (2%) of the amount of the bonds. No
interest will be alloyed upon such check or draft. Checks
of unsuccessful bidders will be returned promptly. The
check of the successful bidder will be retained to be ap-
plied in part payment for the bonds or to secure the Town
against any loss resulting from the failure of the bidder
to comply with the terms of his bid.
The Town operates under the Town Law, constituting
Chapter 62 of the Consolidated Laws of the State of New
York.
All proposals together with check or draft must be
enclosed in a sealed envelope endorsed "Proposal for Bonds"
and directed to Mr. Owen A. Mandeville, Supervisor, Town
of Mamarcneck, New York.
The right is reserved to reject any or all bids.
The bonds will be valid and legally binding obliga-
tions of the Town and the Town will have power and will
be obligated to levy ad valorem taxes upon all of the
taxable property within the Town for the payment of the
bonds and interest thereon, without limitation of rate
or amount. The opinion of Ioessrs . Sullivan, Donovan
& Heenehan of New York City to this effect will be fur-
nished to the successful bidder.
The purchaser must pay accrued interest to the date
of delivery of the bonds,.
The enactment, at any time prior to the delivery of the
bonds, of Federal legislation which in terms, by the repeal
or omission of exemptions or othervaise, subjects to a Federal
income tax the interest on bonds or a class or character which
includes these bonds, Twill, at the election of the purchaser,
relieve the purchaser from his obligations under the terms of
the contract of sale and entitle the purchaserto the return
of the amount deposited with the bid.
No bid conditioned in any respect other than upon this
notice of sale will be accepted.
The bonds will be delivered on or about June 1, 1943 at
the First National Bank of Mount Vernon, Mount Vernon, New
York, or, at the option of the purchaser, at the principal
office of The Guaranty Trust Company in the City and State
of New York.
FINANCIAL STATEMENT AS OF MAY 11th, 1943 .
1. Assessed valuation of real property according to
the last completed assessment roll $79,490,490.00
2. Average assessed valuation of real property as
determined by the last completed assessment roll
and the four preceding rolls 82,084- 1908.00
3 . Total bonded debt including issue above proposed 3,705, 500.00
(The above statement of bonded debt does not in-
clude the debt of any other subdivision having
power to levy taxes upon any or all of the pro-
perty subject to the taxing power of the Tovm)
4. Population, 1940 Federal Census - 225260.
Amount of
Amount of last Amount of such taxes' such taxes
four preceding uncollected at end uncollected as
tax levies of fiscal year of Tilay 11th,1943
1939 . . .
. . . . $1,268,935
$ 117,333
$ 38,607
1940 . . .
. . . . 1,3051068
1162920
49,137
1941 . . .
. . . . 1,354,365
1105279
58,649
.1942 . . .
. . . . 1,382, 547
1361676
89,229
A detailed report of the essential facts as to the financial
situation of the Town will be submitted to any interested bidder.
Dated: May 11th, 1943 OVEN A. MANDEVILLE,
Supervisor.
Section 7. The faith and credit of said Town shall be
and are hereby pledged for the punctual payment of the prin-
cipal of and interest on said bonds, and a tax shall be
levied annually on all of the taxable property in said Tovan
in an amount sufficient to pay the principal of and interest
on said bonds as the same shall become due.
Section 8. This resolution shall take effect immediately.
On motion of Councilman Keeler, seconded by Councilman Embury,
the foregoing resolution was adopted by the following vote:
AYES: Supervisor Mandeville
Councilmen Stiner, Keeler, Griffin and Embury
NOES: None
The Supervisor stated that a letter had been received from
Manager Vmi. H. Johnson of the Village of Mamaroneck regarding the Hom-
mocks property, in which Mr. Johnson outlined a plan or proposition for
the conveyance of the property by the owners to the Village in lieu of
taxes unpaid and due both the Village and the Town of Mamaroneck.
Councilman Keeler and Councilman. Stiner, who were familiar
with the negotiations between the Village and the owners of the property
and who had studied the proposition, reported that they approved the
proposition as outlined in DIanager, Johnsonys letter.
it was
On motion by Councilman Keeler, seconded by Councilman Stiner,
RESOLVED, that the plan or proposition as outlined in
the letter of idanager Johnson of the Village of Mamaro-
neck dated May 5, 1943, regarding the Hammocks property,
is hereby approved by this Board;
FURTHER RESOLVED, that the Village Manager be notified
accordingly.
A vote taken on the foregoing resolution resulted as follows:
AYES: Supervisor Ilandeville
Councilmen Stiner, Keeler and Embury
NOES: None
NOT VOTING: Councilman Griffin
Councilman Stiner reported that since the last meeting of the
Board he had visited the incinerator with Mr. Foote and that everything
there seems tc be working well.
He said that he had also visited Michael Merola in the hospital
and that he seemed to be getting along all right. He stated that at the
hospital he had also seen Mr . Orson Raynor who wished to be rerlenioered to
the members of the Town Board.
Supervisor Landeville suggested that a resolution be adopted
in memory of Captain Kenneth Whiting for his very fine service as an
officer of the United States Navy.'
On motion by Councilman Griffin, seconded by Councilman Stiner,
it was unanimously
RESOLVED, that the members of the Town Board wish to
express their profound sorrow at the death of Captain
Kenneth Whiting, U. S. N. , which occurred in Washington,
D. C. , on April 30th 1943 .
An old resident, an able and distinguished citizen with
a fine record of accomplishment in the service of his
Government, and a genial and good friend has gone from
among us, and the memory; of his high character will al-
ways live in the hearts of his friends, and make his loss
keenly felt by all who knew him.
And be it
FURTHER RESOLVED that we, the Town Board, extend to his
family our heartfelt sympathy in their bereavement, and
that a copy of this resolution be sent to them and also
be spread upon the official records of the Town.
Supervisor Mandeville reported that the Highway Department had
gone over the entire tovn and tried to get the streets in good shape.
He said that the town yard and all the equipment are now in what he con-
sidered good shape.
The Assessor presented a petition dated and verified May 5th,
1943, pursuant to Section 33 of the Westchester County Tax Act, requesting
the Board to add to the 1943-1944 Assessment Roll, the tax or assessment
omitted on the Roll of 1942-1943, upon certain station installations and
apparatus including private branch exchanges owned by the New York Tele-
phone Company but installed on property privately owned and not belonging
to the Company. The petition states in detail the number of such ex-
changes in all of the various tax districts in the Town as well as in the
Villages of Larchmont and Mamaroneck and refers to a decision by the Ap-
pellate Division of the Supreme Court, (Fourth Department) rendered July 1st,
1942, which holds that such telephone equipment is real property and may be
taxed as such.
Upon motion duly made and seconded it was unanimously
RESOLVED that the petition be filed and that notice
of a public hearing thereon pursuant to Section 33
of the Westchester County Tax Act, be givento the
New York Telephone Company by mail, not later than
May 8th, 1943, such a hearing to be held at the next
regular meeting of the Tov,n Board on May 19th, 1943
at 8 o ' clock P. M. at the weaver Street Fire House.
Tovm Attorney Delius reported that since they had been un-
able to serve one of the owners ' of the Petigor property in the fore-
closure proceedings brought by the Town., they had finally served the
Secretary of State. He said that Mr. Edward Petigor had asked for
an extension of twenty days to answer the complaint, which the Town Attor-
ney had granted, but now he had asked for a further extension and Mr.
Delius inquired what the Board wished him to do.
Following discussion , the Board authorized the Tovm Attorney
to proceed with the foreclosure action.
The Town Attorney reported that it had been necessary to
publish the zoning ordinance with amendments twice in order to comply
with the law and asked the Board to approve of the transfer from 1942
surplus funds the amount of $201.90 for miscellaneous expenses of the
Law Department to cover the cost of these publications.
On motion by Councilman Keeler, seconded by Councilman
Stiner, it was unanimously
RESOLVED, that there shall be transferred from
surplus revenues received in the year 1942,
the sum of $201.90, for miscellaneous expenses
in the Legal Department i.e. to cover the pub-
lication of notice of adoption of resolution
amending the Zoning Ordinance.
Councilman Stiner suggested that the Board express its ap-
preciation to George P. Forbes, former oirner of "The Larchmont Times"
and "The Daily Times" of Mamaroneck for the very fine cooperation he
had given the Town and wish him happiness in his retirement.
On motion by Councilman Stiner, seconded by Councilman
Griffin, the following resolution was unanimously adopted:
WHEREAS the members of the 'Tovm Board of the Town
of Mamaroneck, New York, have learned through a
public announcement in "The Daily Times" of Mamaro-
neck, New York, that ' Mr. George P. Forbes had sold
his interests in "'The Daily Times" and "The Larch-
mont Times" and had decided to retire; and
WHEREAS Mir. George P. Forbes has been constantly
engaged in the newspaper business before and since
"The Larchmont Times" was established by him forty-
two years ago and during which time in 1925 he
established "The Daily Timestt of h1amaroneck, New York;
NOW, THEREFORE, BE IT
RESOLVED, that the members of the Town Board express
their full appreciation for his kind personal interest
and the cooperation of the two local publications in
placing before the public over these many years the
problems of the Tovai in a fair and unbiased manner;
- And that he be commended for the success of the two
publications in marking the progress of the community
with countless benefits to its churches, its civic
and fraternal organizations and its citizens;
Further that while it is with regret that the com-
munity will lose the daily personal contact with him,
the Town Board joins with all in wishing Mr. Forbes
in his retirement the best of health and all the
pleasures that life can afford.
At 11:40 P. M. the meeting adjourned
Town Clerk