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HomeMy WebLinkAbout1943_05_19 Town Board Minutes r PUBLIC HEARING AND REGULAR MEETING OF THE TOYN BOARD TOWN OF MAMARONECK, NEW YORK HELD MAY 19, 1943 In the Council Room of the Weaver Street Firehouse, Town of Mama- roneck, New York. The meeting was called to order by Supervisor Mandeville at S P. M. Eastern War Time . Present: Supervisor Mandeville Councilmen Griffin, Embury and Stiner Absent: Councilman Keeler The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith, Comptroller Orsino, Public Welfare Officer DeVinne and Superintendent of Highways and Town Engineer Foote. The Supervisor reported that he had received a communication from Councilman Keeler stating that he was sorry that he could not at- tend the meeting and setting forth his decisions on certain matters to come before the Board. The minutes of the meeting of May 5, 1943, were approved as presented. On motion by Councilman Griffin, seconded by Councilman Embury, the following resolution was unanimously adopted: RESOLVED that we, the councilmen of the Town Board of the Town of Mamaroneck wish to record this ex- pression of our profound sorrow at the death of the supervisor' s mother, Mrs . Thomas Mandeville, which occurred May 11th, 1943 She was a resident of the Town for many years . Her fine character and pleasing personality have endeared her to all who knew and came in contact with her and her loss will be deeply, felt. She has left a high standard to follow for all who knew her. And further her manner in bearing the distress of her last illness has, if possible, increased the admiration which all felt for her. A good citizen, a perfect wife and mother, a considerate friend and a whole-souled Christian woman has gone from among us . Her memory will long live in the hearts of her friends and associates . And be it further RESOLVED that we, the councilmen of the Town Board of the Town of Mamaroneck extend to the supervisor and family and to his father, Mr. Thomas L'landeville,and family our heartfelt sympathy in their great bereave- ment, and that the Town Clerk send to them a copy of these resolutions and also that they be spread upon the official records of the Town. Supervisor laiandeviile thanked the members of the Board for their very kind expression of sympathy. The Supervisor asked the 'Town Clerk to read the communica- tions. A letter dated May 6, 1943, was received from K. G. Van Sower, Clerk of the Board of Education of Union Free School District No. 1, informing the Town Board, in accordance with the provisions of Section 250 of the Education Law that at the annual school election held May 5, 1943, Theodore Riegel of 25 Helena Avenue, Larchmont, and Charles Tti'. Pease of 72 Vine Road,' Larchmont, had been elected members of the Board of Education for terms of three years each beginning the first Tuesday of July, 1943 . The letter was ordered filed. A letter dated lay 12, ',1943, was also received from K. G. Van Sciver, Clerk of the Board of Education of Union Free School District No. 1, in which he enclosed a copy of the school budget for 1943-1944 and a certified copy of the resolution adopted by the Board of Education on May 11, 1943, certifying the amount to be levied against the taxable property in School District No. 1 by the Supervisor for the ensuing school year. On motion by Councilman Embury, seconded by Councilman Griffin, the budget was ordered entered in the minutes as follows: BUDGET Vdages The following is a statement of the sums necessary to be raised by tax for Teachers ' Wages and other necessary expenses of the Schools: GENERAL CONTROL Light and Salaries, Superintendent of Schools, 10,000.00 Assistant to the Superintendent of Supplies Schools, Treasurer, Clerk, Clerk to Telephone Superintendent, Clerk to Assistant 22100.00 to Superintendent, Attendance Officer $ 21,371.00 Treasurerts Bond 300.00 District Meetings and School Elections 450.00 Clerk' s Postage and Stationery 250.00 Superintendent' s and Assistant to Superintendent' s Office Expenses 500.00 Transportation, Attendance Officer 300.00 School Census 500.00 Auditing 500.00 Legal Expense 11600.00 Cards, Reports, etc. 500.00 INSTRUCTIONAL SERVICES Salaries, Teachers, Supervisors, Principals, and Principal' s Clerks 492, 550.00 Evening School 31000.00 Text Books 75500.00 Stationery and Teaching Supplies 14,000.00 Commencement and Other Exhibits 800.00 Record Forms, etc. 800.00 Expenses of Principalst ' Offices 250.00 OPERATION OF PLANT Janitors' Vdages 50, 500.00 Fuel 192000.00 Water 2,800.00 Light and Power 10,000.00 Janitorst Supplies 53500.00 Telephone 22100.00 Trucking and Window Cleaning 21400.00 MAINTENANCE OF PLANT Upkeep of Grounds, Repair of Buildings, _ Repair of Heaters, Repair of Furniture, Other Repairs and Replacements 30,000.00 Mechanics 5,700.00 Master Mechanic 31800.00 FIXED CHARGES Pension Funds 38,000.00 Insurance 95000.00 Taxes and Assessments 11,500.00 DEBT SERVICE Bonds 152,000.00 Interest on Bonds 1095,030.00 Collection Charges 270.00 Short Term Interest 500.00 "I'm CAPITAL OUTLAY Improvement of Grounds and Buildings $ 31300.00 New Furniture 1, 500.00 Instructional Apparatus and Other Equipment 27100.00 Library Books 2,800.00 AUXILIARY AGENCIES Salaries, Librarians, Medical Inspectors, Nurses, Dentists and Dental Hygienist 19,320.00 Library Expense 200.00 Nurses ' Supplies, Dental Supplies and Glasses 500.00 Bus, Milk and Lunches 11900.00 Health and Physical Education Supplies 61800.00 Parent Education Group 200.00 GRAND TOTAL $15035,891.00 Less Estimated State School Honey 165 ,000.00 870,891.00 Less Cash Available 30,000.00 840,891.00 Mamaroneck, New York April 15, 1943 K. G. Van Sciver, Clerk Board of Education, Union Free School District No. 15 Toter. of Mamaroneck, New York A letter dated May 18, '1943, was received from Kate Gunn, ovmer of property described as Block 112, Parcel 503 and located on Senate Place, requesting the Board to waive the back taxes on this property. Following discussion the application was denied. An offer dated May 18, 1943 to purchase transfers of tax liens owned by the Town for the years of 1938 to 1941, sales of 1939 to 1942, without interest, on property described as Block 725, Lot 168 ` from Rubin & Rubin, attorneys of 271 North Avenue, New Rochelle, on behalf of one of their clients . On motion by Councilman Griffin, seconded by Councilman Stiner, it was unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to sell by assignment the following tax liens held by the Town, at the face amount of the liens to Albert Fosberg, c/o Rubin & Rubin, 271 North Avenue, New Rochelle, N. Y. : Block Parcel 725 168 A note of thanks was received from Edna M. Whiting for the Board' s expression of sympathy upon the death of her late husband Captain Kenneth tiuhiting. Tax Sale Amount of Year Year Lien 1938 1939 1939 1940 1940 1941 1941 1942 received from upon the deat $179.61 148.79 154.85 155.70 The report of the Town Clerk for the month of April and the report of Mamaroneck Health Center, Inc. for the month of April were received and filed. The Supervisor suggested that the regular order of business be suspended in order to hold the public hearing called at the last meeting of the Board to consider the application of the Scarsdale Bus Company for the consent of the Town of lulamaroneck to operate a bus line on the small portion of Palmer Avenue lying between the boundary lines of the-Village of Larchmont and the City of New Rochelle . at the corner of Beach Avenue and Helena Avenue, Larchmont, was received Me The Town Clerk presented the affidavit of publication of the notice of the public hearing published in T'The Daily Times" on May 7, 1943. After Town Attorney Delius informed the Board that in accord- ance with the decision of the Board at their last meeting it would be in order, after comments had been made, for them to consider at the same time the applications of the Scarsdale Bus Company and the County Transportation Company, Inc., a decision on the latter having been de- ferred for thirty days at the meeting of April 21, 1943, the Supervisor inquired if there was any one present who wished to address the Board concerning this matter. Warren Wells, attorney, appearing on behalf of the Scarsdale Bus Company, reported that since the meeting of the Town Board on April 21, 1943, the Village of Larchmont had granted consent to the Scarsdale Bus Company and the Country Transportation Company to operate on Palmer Avenue, depending upon whichever company the Public Service Commission would permit to operate this bus line. Frank J. Zwick, attorney for County Transportation Company, Inc . , stated that he wished to protest the hearing and the granting of the consent to the Scarsdale Bus Company. He stressed the fact that the County Transportation Company has been rendering service to the com- munity for many years, that it has done all within its power to serve the Town, that it has been a taxpayer and that it seemed unfair to give the Scarsdale Bus Company, a newcomer to the community, the authority to go into the territory of the County Transportation Company. Councilman Griffin stated that inasmuch as the Country Trans- portation Company has given the Town good service and the Scarsdale Bus Company was granted a consent last year, he mould be in favor of granting them both permission to ,operate along this route. He said that it was important to give the people the service and that there was only a small piece of the Town through which the route would pass . Councilman Embury agreed with Mr. Griffin and said that he !thought the Public Service Commission should decide which company should have the franchise. It was reported that Councilman Keeler had informed the mem- bers of the Board that he favored granting the consent to both com- panies and Councilman Stiner also concurred in this suggestion. The Supervisor asked if there were any other comments . There being none he declared the hearing closed and the re- gular order of business was resumed. The Supervisor stated that it was in order for a decision to be made on the applications. The following resolution was upon motion by Councilman Embury-, seconded by Councilman Stiner, unanimously adopted: WHEREAS upon application of Thomas R. Fisher, Jr. and Garrison R. Corwin, doing business as Scarsdale Bus Company, hereinafter referred to as Scarsdale Bus Company, this Board heretofore and on the 12th day of June, 1942, granted a permit or consent pur- suant to Sections 66 and 67 of the Transportation Corporations Law to operate buses along Weaver Street to .Myrtle Avenue, along Myrtle Avenue to Chatswortia Avenue to the Village of Larchmont and also along Palmer Avenue between the Village of Larchmont and the City of New Rochelle, this being part of a through route between the City of New Rochelle and the City of White Plains; and WHEREAS the resolution so granting the consent pro- vided that the consent should lapse and become null and void unless operation of the buses be commenced on or before 120 days after the date of the said resolution; and WHEREAS the Public Service Commission of the State of New York thereafter granted a certificate of con- venience and necessity for only a part of said route, i.e. the part along Weaver Street from Scarsdale to the Village of Larchmont, as a result of which opera- tion of the buses was commenced within the time limited for only a part of said route and not along Palmer Avenue between the Village of Larchmont and the City of New Rochelle; and WHEREAS the Scarsdale Bus Company thereafter made a - further application to the Public Service Commission for a certificate of convenience and necessity to operate along Palmer Avenue so as to operate a through route from the City of White Plains to the City of New Rochelle which is now pending, and have renewed their application to this Board for a permit or con- sent; and WHEREAS after due notice, a public hearing was held on said application on May 19th, 1943 NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Mamaro- neck pursuant to provisions- of Sections 66 and 67 of the Transportation Corporations Law, hereby grants consent to Scarsdale Bus Company, subject to the provisions, conditions, requirements and limita- tions as set forth in resolution of the Board, grant- ing permit to said Scarsdale Bus Company on June 12, 1912, along and across the following named streets, avenues, highways or portions thereof of the Town of Mamaroneck, to wit: in, upon and along and across the following named streets, avenues, highways or portions thereof, in the Town of Mamaroneck,' to wit: BEGINNING on Palmer Avenue at the boundary line of the City of New Rochelle and the Town of Mamaroneck, easterly on Palmer Avenue to the westerly boundary line of the Village of Larcrmont and Town of Mamaroneck. Returning via the same 'route. Being an additional route for a hart of the New Rochelle Stamford line over Stephenson Boulevard, New Rochelle and Palmer Avenue to Chatsworth Avenue in the Village of Larchrnont. BE IT FURTHER RESOLVED, that this consent is subject to the following terms, conditions, requirements and limitations: 1. All buses shall be operated at a rate of speed to comply with the traffic laws of the State of New York and local ordinances . 2. Unless operation of the buses contemplated by this consent is commenced on or before 180 days from the date of this resolution, pursuant to a certificate of convenience and necessity issued by the Public Service Commission, this consent shall lapse and become null and void. 3• Nothing in this consent shall be deemed to grant or authorize any exclusive right. fir, This consent shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to, or vest in any other person or corporation whatsoever, either by the act of the company or by operation of law, ,nether under the provisions of the statutes relating to the consolidation or merger of corporations or otherwise, without the consent of the Town evidenced by an instrument, under seal, anything herein contained to the contrary thereof in any wise notwithstanding; and the granting, giving or waiving of any one or more of such consents shall not render unnecessary any subsequent consent or consents, and no assignment, lease, sub-lease or mortgage of this consent, or of any part thereof or interest therein or of the route or routes mentioned herein, or of any part thereof, shall be valid or effective for any purpose un- less the said assignment, lease, sublease or mortgage shall contain a covenant on the part of the assignee, lessee or mortgagee that the same is subject to all the provisions, conditions and limitations of this consent, and that the assignee, lessee, or mortgagee assumes and will be bound by all of said provisions, conditions and limitations, anything in any statute or in the charter of such assignee or lessee to the contrary notwithstanding, and that the said assignee, lessee, or mortgagee waives any more favorable conditions created by such statute or its charter, and that it will not claim by reason there- of, or otherwise, exemption from liability to perform each and all of the conditions of this consent. 5. (a) The company at all times during the term of this consent shall operate over the route herein described, either the transit-trolley and./or the conventional type of bus and shall comply with all the requirements provided by law, or by the Rules and Regulations of the Public Service Commission of the State of New York, or of any other Board, Commission or Body, having jurisdiction. The company shall employ at least two buses in the operation of the route herein described and shall have available one spare bus . awt (b) All vehicles which may be operated pursuant to this consent shall be propelled by power generated or contained within the vehicle itself or by storage battery, but no power shall be used which will in its generation or use produce smoke or noxious odors suffi- cient, in the opinion of the Town Board of the Town, to constitute a nuisance. (c) Before any bus or omnibus of a different type from the buses provided under Section 115 (a) " above is put in service, it must be submitted to the Town Board for approval 6. All vehicles which may be operated pursuant to this consent shall be so constructed that oil and grease cannot drop on the roadway. The maximum width shall not exceed eight feet over all. No double deck vehicle shall be operated without the consent of the Town. Each omnibus shall be equipped at all times with a hand chemical fire extinguisher in good working condition and accessible and ready for use at all times. They shall be equipped with pneumatic tires, all other types, kinds and forms of tires being prohibited. All buses must be fitted with brakes capable of stopping and holding the same under all conditions. 7. All vehicles operated pursuant to this consent shall conform in all particulars with the requirements herein contained and shall be maintained in good and safe repair and in a manner which will in all ways and at all times render the vehicles fit for public service. The company shall permit the Town Board to inspect at all reasonable times, any or all the vehicles used by the company or upon order of the Town Board, shall submit any such vehicle to the Town Board for inspection. If, upon inspection, any vehicle shall be unfit for public service, then the company shall, upon notice, immediately withdraw such vehicle from service and shall cause it to conform with the requirements of the Town Board or shall remedy the defect before such vehicle shall be restored to service . All employees of the company, while in service on any motor bus or omnibus, shall be in uniform and neat and tidy in appearance .' All buses must be kept at all times well painted, neat and clean. The driver of a bus must not operate a bus to which a trailer is attached. The company shall not allow its operators to smoke or light a match while in or upon a bus, or to drink intoxicating liquors while on duty. 8. All laws and ordinances affecting the operation of motor buses or omnibuses and all traffic regulations applicable thereto now in force or which may be in force in the Town during the 'term of this consent, shall be complied with by the company. The company shall also comply with and enforce the carrying out of any orders or regulations which may be issued by the Town designed for the protection and 'safety of persons or property or for the comfort, health or convenience of the public. 9 . In case of any violation or breach or failure to comply with any of the provisions, conditions or limitations herein contained or with any orders of the Town Board, acting under the powers granted by law or herein reserved, this consent may be declared cancelled and revoked by said Town Board; provided, however, that such action bar the Town Board shall not be taken until it shall give notice to the company to appear before it on a certain day, not less than ten days after the date of such notice, to show cause why this consent shall not be cancelled and revoked. After such notice and opportu- nity to be heard, even in case the company shall fail to appear, action may be taken by the Tom forthwith. 10. The company shall assume all liability for damage to persons or property occasioned by reason of the negligence of the operator or other employees in the op- eration or maintenance of the motor bus or omnibus route, and the company shall fully indemnify and repay to the Town, any damages, costs and/or expenses which the Town shall be compelled to pay by reason of the negligent acts or defaults of the operator. 11. The company agrees that it shall not acquire or claim any vested right hereunder, but that the foregoing instrument shall be construed as a consent under the pro- visions of Sections 66 and 67 of the Transportation Corporations Law of the State of New York and revocable by the Town according to terms and conditions herein ex- pressed. 12. The company shall obtain a certificate of con- venience and necessity from the Public Service Commission of the State of New York but if, for any reason, such certificate of convenience and necessity be not granted within 180 days from the date of this resolution, this consent shall lapse and become null and void. 13. Fare shall be 10¢ between the railroad station in Larchmont and Mechanic Street' Terminal in Ne:w Rochelle. 14. The company shall operate a bus on a 30-minute schedule. 15. No advertising', matter of any kind shall be put or carried upon the outside of the bus. 16. This consent to maintain and operate motor buses and omnibuses upon the streets, avenues and high- ways herein described, shall be held and enjoyed by the company until Flay 26, 1957. 17. Nothing contained in the consent hereby granted shall be construed as a' 'iterminable permit" under the provisions of Sections 68 to 69d inclusive, of the Transportation Corporations Lana of the State of New York, or to confer any rights', or obligations upon either County Transportation Co. , Inc'. , or the Town of Mamaroneck, pur- suant to such provisions of the Transportation Corpora- tions Law. 18. The company shall pay to the Torn for this con- sent, an amount equal to three percent (30) of the pro- portion of the gross receipts derived from the through routes of which the hereinabove described route forms a part, that the actual mileage operated in the Torun of bhamaroneck bears to the total actual mileage of said through routes. Said amount shall be determined as of the 31st day of December and the 30th day of June in each year and shall be payable within 45 days after the date as of which the amount thereof shall have been determined. 19. The company shall not charge, demand, collect or receive greater compensation for transportation of passengers over the routes herein designated in the Town of lamaroneck than the rates, fares and charges speci- fied in its schedules now filed and in effect as provided by law or such rates, fares and charges as it may here- after be required or authorized to file and observe in conformity with the rules, regulations and laws of the State of New York. 20. The insolvency ', of the company or the appointment by any court or judge of a receiver or receivers for the company shall be valid ground for revoking this consent at the option of the Town and the company expressly sti- pulates and agrees that the right herein reserved in this paragraph to the Town, is one of the principal considera- tions for this consent, ', and that it will not prevent, hinder or delay, by injunction, or otherwise, the full exercise of the right herein reserved to the Town. The company specifically agrees that, in case of insolvency or if any receiver shall be appointed for the company, the Town shall, at its option, be entitled to take and use, with the company' s personnel and mechanical superinten- dence, for a period of sixty days, up to the maximum number of its buses that were theretofore in use in said Town upon compensation to be agreed upon by the Tovvv and the company or its receiver or to be fixed by arbitrators appointed as hereinafter provided. The failure of the company to properly maintain service and equipment and to comply with proper orders of the Public Service Commission of the State of Neiv York or other duly constituted body or official, having authority under the law', or by the terms and provisions of this consent, because of lack of capital funds, shall also be valid ground for revoking this consent at the election of the Town as herein provided. In case, at any time during the terms of this consent, the company shall cease to operate, except for causes beyond its control, any route or routes mentioned herein, or any connecting route or routes, for the period of ten days without the previous consent in uniting of the Town, then the said Town shall have the right to de- clare this consent to be terminated and to cancel and annul the same. 21. It is understood that the company shall operate, pursuant to this consent, only the routes herein mentioned, but should vehicular traffic be diverted from any of the streets, avenues or highways forming part of any of said route or routes because of fires, parades, repairs, pub- lic improvements or any other event v;hich will close the said streets, avenuesor' highways to vehicular traffic temporarily, then the company may, subject to designation by the Town, use such other streets, avenues or highways as are necessary to continue the operation. If, however, for any reason any of the said streets, avenues or highways shall be closed to vehicular traffic for a longer period than twenty-four hours,', then the company shall communicate with the Town and obtain authority for the operation upon other streets, avenues or highways for such longer period during which said street, avenue or highway may be closed. The company shall not make any claim against the Town or any department or officer thereof for damages that may result to it by reason of the prosecution with reasonable care of any public improvement ordered by said Town or any department or board thereof or by reason of any di- version of traffic as herein provided. If by reason of the closing of any street, avenue or highway forming a part of any such route or routes and the diversion of the buses of the company to another street, avenue or highway, it becomes necessary for the company to obtain a new consent from the Town and new authority from the Public Service Commission, the company shall promptly apply for such consent and authority and the time during which the operation by the company of its bus or buses shall cease, shall not be deemed to be an abandonment by the company of operation. 22. The company shall at all times keep accurate books of account of its gross receipts from all sources and shall, within forty-five days after the expiration of each semi-annual period make verified reports to the Town of the business done by the company during each year or portion thereof, and shall make payments to the Torn as provided. in Clause "18" of this consent. The Town may also require the company to file periodic reports cover- ing the periods and at the time prescribed by the Tovvn, — but such reports in any event shall not be required more often than once in every two months. The report shall be in such reasonable form as the Toting shall prescribe, and as to each route shall contain a statement of the gross receipts, total miles in operation, the total miles in operation within the limits of the Tomrn, and such other information as the Town may require. The Toim shall, at all times, have access to all books and records of the Company for the purpose of ascertaining the correctness of its reports and may examine its. officers and employees under oath. All reports so filed shall be verified and the Town shall have the right to require the company to furnish specific answers to questions upon which it may need information. 23. The company shall keep accurate records and books of the income of all the different routes and. com- bination of routes operated by it and of the bus miles operated with respect to each route or combination_ of routes, of the different services rendered in connection therewith, and the cost thereof so far as practicable, and shall at any time furnish the Town such information with respect thereof as shall be requested. Such books and records shall be so kept that the gross income, the charges and the net income of the company may be accurately allocated between the several municipalities in which it is, or it and any associated transportation company are, operating, in order that the compensation payable to the Town under this consent may at all times be fairly and accurately determined and so that the profits or loss derived from each route ; may also be fairly and accurately determined. 24. The company shall submit to the Town, not later than March first of each year during the period of this consent for the year or part of year ending December thirty-first next preceding, a report which shall state: (a) Location, value, and amount paid for real estate owned by the company in the Town . (b) Number of passengers carried in and through said Tom during the year. (c) Total receipts of company for passengers carried within the To as and total receipts from all sources. (d) Amounts paid by the company for damages to persons or property on account of construction and operation. (e) Total expenses for operation, including salaries, and such other information in regard to the business of the company as may be required. (f) The names of its officers and directors. (g) The names and addresses of the ten principal stockholders and of the ten principal holders of secured or unsecured debts. IMI The Town may prescribe the form of any such reports which, as prescribed by the Town, shall be, as nearly as practicable, the same as the form of reports required by the laws of the State of Idewr York dealing with the same subject matters. The Town may at any time require a special report under oath from the Company or from any of its officers on any or all of the above matters or any other connected with the company' s business within the intent and scope of this consent. Mr. Wells and Mr. Zwick thanked the Board for their action. The Supervisor announced that the regular order of business would be suspended in order to proceed with a hearing upon the Assessor-' s petition, presented at the last meeting of the Board, in which he re- quested that there be added to the 194.3 assessment roll, certain property of the New York Telephone Company, omitted from the 1942 roll, and which consists of station installations apparatus, including drop lines or lead in wires, and private branch exchanges, upon private property. The Town Attorney then 'stated that copy of the petition with notice of the hearing for blay 19th, 1943, at 8 osclock P. M. , had been duly given to State of New York Telephone Company by mailing and the notice, petition and affidavit of mailing were filed. The Town Attorney then 'stated that a conference had beer, had between the Assessor and the Valuation Engineer of the New York Tele- phone Company. At this conference, the Telephone Company representative agreed that the valuation fixed by the Assessor for hand set and pri- vate branch exchange was reasonable, provided it included all drop lines and other connections between the subscriber' s building and the pole, and that the Telephone Company would make no further or other protest at the hearing ordered by the Town Board, but pending the decision in the Syracuse case by the Court of Appeals, would reserve their rights by filing with the Board of Review, in June, an application for revision', claiming that the assessment is illegal, unless prior to the time fixed by law for the filing of such application, the Court of Appeals renders its opinion in favor of the municipality' s contentions . Upon motion made by Councilman Griffin and seconded by Councilman Embury, the following resolution was adopted: WHEREAS this Board directed that notice of a public hearing be given pursuant to subdivision 6 of Sec- tion 33 of the Westchester County Tax Act, not less than 10 days prior to the date of such hearing, which date was fixed for the 19th day of May, 1943, at 8 osclock P. M.; and WHEREAS the Assessor has returned the petition, with proof of mailing thereof, pursuant to the order of this Board, to the New 'York Telephone Company at its office, 195 Broadway, New York City, and no one having appeared in response to said notice, and it appearing to the satisfaction of this Board that taxable property has beer, omitted from the assessment roll of 1942 which is the preceding year, ' NOW, THEREFORE, BE IT RESOLVED that the taxable property omitted from the assessment roll of 1942 as set forth and specified in the petition of the Assessor of the Town of Mamaroneck, dated and verified May 5th, 1943 and which petition was presented to the Board at its meeting held May 5th, 1943, be inserted in the assessment roll for the year 1943, at the valuation fixed by the Assessor in his petition which he states and which is Hereby determined to be the value for the year omitted, and it is FURTHER RESOLVED that the Assessor is hereby authorized and directed to insert, in addition to the amount of the assessment for the year', 1943 upon the property of the New York Telephone Company as specified in said petition, in a separate column properly designated, the amount of tax or assessment which such property of the New York Telephone Company should have borne for the year 1942 when such property was omitted from the Tax Assessment Roll, which tax or assessment shall be at the rate per- centum for the year 1942, in each of the villages and in the several tax districts of the Town. FURTHER RESOLVED that the valuation of $20. for each of the station installations and apparatus as specified and set forth in said petition of the Assessor, shall include any lead in wire or drop line connecting the the installation upon the premises of the subscriber, with the outside wires or conduits maintained by the New York Telephone Company in or upon the public street or highway FURTHER RESOLVED that the property of the New York Tele- phone Company which is 'subject to the assessment in the villages and in the several tax districts of the Town of Mamaroneck, as set forth in said petition, is as follows : 3,053 station installations and apparatus, including drop lines or lead in wires, owned by the New York Telephone Company, on property privately owned, not belonging to the New York Telephone Company, in the Village of Larchmont, Town of Miamaroneck @ $20 (code #110) $61,060. 7 private branch exchanges owned by the New York Telephone Company, installed on property privately owned, not belonging to the New York Telephone Company in the Village of Larchmont, Town of lamaroneck @ $200. (code #110) 1,400. TOTAL VILLAGE OF LARCMIONT, CODE #110 $62,460 2,117 station installations and apparatus, including drop lines or lead in wires, owned by the New York Telephone Company, on property privately owned, not belonging to the New York Telephone Company, in the Village of Mamaro- neck, Town of Mamaroneck @ $20. (code #125) $ 421340• 21 private branch exchanges owned by the New York Telephone Company, installed on property privately owned, not belonging to the New York Telephone Company in the Village of Mamaroneck Town of Mamaroneck @ $200. (code #`125) 4,200. TOTAL VILLAGE OF MAMARONECK, CODE #125 $461540. 3,265 station installations and apparatus including drop lines or lead in wires, owned by the New York Telephone Company, on pro- perty privately owned, not belonging to the New York: Telephone Company, in the Mamaro- neck Valley Sewer District, Town outside of villages, including Fire, Light, and Water Supply District No. 1. Garbage District No. 1, Park District No. 1, Sewer District No . 1 and Mamarcneck School District No. 1 in the Town of Mamaroneck @ $20. (code #140) 65,300 3 private branch exchanges owned by the New York Telephone Company installed on pro- perty privately owned, now belonging to the New York Telephone Company, in the Mamaroneck Valley Sewer District, Tovn outside of villages including Fire, Light and lRater Supply District No. 1, Garbage District No. 1, Park District No'. 1 and Sevier District No. 1 and Mlarnaroneck School District No. 1 in the Town of Mamaroneck @ $200. (code #140) 600. TOTAL CODE ##140 2 station installations and apparatus $65,900. including drop lines or lead in wires, owned by the New York Telephone Company, installed on property privately owned, not belonging to the New York Telephone Company, in the Mamaroneck Valley Sewer District, Toth outside of villages including Fire, Light and Water Supply District No. 1, Garbage District No. 1. Park District No. 1, Server District No. 1 and Scarsdale School District No. 2 in the Town of Mamaroneck $20. (code #240) 40. TOTAL CODE #240 40 26 station installations and apparatus including drop lines or lead in wires, owned by the New York Telephone Company, installed on property privately owned, not belonging to the Nemf York Telephone Company, in the Mamaro- neck Valley Sewer District, Town outside of villages including Fire, Light and Water Sup- ply District No. 1, Garbage District No. 1, Park District No. 1 and Scarsdale School District No. 2 in the Town of Mamaroneck @ $20. (code 7#245) 520. TOTAL CODE ;#245 $ 520. 30 station installations and apparatus including drop lines or lead in wires, owned by the New York Telephone Company, installed on property privately owned, not belonging to the New York Telephone Com- pany, in the Mamaroneck', Valley Sewer District, Torn outside of villages includ- ing Fire, Light and Water Supply District SSo. 1, Garbage District No. 1, Park Dis- trict No. 1 and Mamaroneck School District No. 1 in the Town of Mamaroneck @ $20. (code #145) 600. TOTAL CODE ,'#145 $ 600. 25 station installations and apparatus including drop lines or lead in wires, owvned by the New York Telephone Company installed on property privately owned, not belonging to the New York Telephone Company, in the Mamaroneck Vallev Server District, Town outside of Villages including Fire, Light and Water Supply District No. 1, Garbage District No. 1 and Dhlamaroneck School District No. 1 in the Town of Mamaroneck @ $20. (code ##150) 500. TOTAL CODE #150 500. 111 station installations and apparatus including drop lines or lead in wires, owned by the Neer York Telephone Company, installed on property privately owned, not belonging to the New York Telephone Company, in the 'Mamaroneck Valley Seger District, Town outside of Villages, in- cluding Fire, Light and Water Supply District No . 1, Garbage District No . 1, Sevier District No. 1 and School District No. 1 in the Town of Mamaroneck @ 920. (code #155) 2,220 TOTAL CODE #155 $ 2,220• The Board thereupon resumed the regular order of business. Councilman Griffin presented a "Plan for Cash Relief in the Public Welfare Office of the Town of Mamaroneck prepared and submitted by Public Welfare Officer DeVinne'. He said that he and Iuir. DeVinne favored the plan and that it would require only $1,500 to $2,000 to try the plan because of the present love case load. He explained many of the reasons why the plan would be! more effective than the voucher system. The Supervisor reported that Councilman Keeler had studied the plan carefully and approves of it. On motion by Councilman Griffin, seconded by Councilman Stiner, the following resolution was upon roll call unanimously adopted: WHEREAS the Public Welfare Officer has submitted a "Plan for Cash Relief in the Public Welfare Office of the Town of Mamaroneck", dated May 13th, 1943; and WHEREAS by amendments to the Social Welfare Law and the Town Law made by Chapter 518 of the Laws of 1943, the Legislature has authorized payment of home relief in cash and the issuance of individual checks to persons entitled to such relief who are certified by the Public Welfare Officer, NOW, THEREFORE, BE IT RESOLVED that the plan of the Public Welfare Officer for cash relief is approved by this Board. FURTHER RESOLVED that the Supervisor shall, without prior audit, issue individual checks to persons entitled to relief as authorized by the Town Welfare Officer, on forms approved by the State Department of Social Welfare as provided by subdivision 1-a of Section 86 of the Social Welfare Law and Section 119 of the Town Law, both as amended by Chapter 518 of the Laws of 1943 . Councilman Griffin presented the resignation of Dorothy DeBonis of the Public Welfare Department effective May 17, 1943 • On motion by Councilman Griffin, seconded by Councilman Embury, it was unanimously RESOLVED, that the resignation of Dorothy DeBonis of the Public Welfare Department, effective May 17, 1943, be and it hereby is accepted with regret. Councilman Griffin presented the following statements which were received and ordered filed: ) (1) Summary of Receipts and Disburse- ments from January 1 to April 30, 1943; (2) Analysis of Budget Appro- priations and Expenditures from January 1 to April 30, 1943; (3) Analy- sis of Estimated Revenues from January 1 to April 30, 1943; (4) Claims Audited and Paid by the Comptroller from May 5 to liay 19, 1943; (5) Statement of Bank Balances at 9 A. M. May 19, 1943 . In reviewing the bank balance statement Mr. Griffin recommended that the 'W. P. A. account be closed and that all funds remaining in the account be transferred to the capital fund. M] The Supervisor stated that he considered this very desirable in view of Mr. Osborne' s long and faithful service. After some discussion the matter was referred to counsel with the recommendation that this be done if possible. Councilman Stiner reported that he had attended a public hear- ing held on May 16, 1943 at the County Center, White Plains, on the pro- posed civil service rules for the classified service of the towns, villages and special districts of the County of Nestchester. He said that only a few were present at the hearing and that minor corrections of the proposed rules were suggested. He explained that during the hearing it was brought out that after the rules are adopted, changes which are not contrary to the State Civil Service Law may be made after a public hearing is held, but that any changes that are contrary to the basic civil service regulations of the State would require an act of the legislature. In regard to drainage and sanitation matters Councilman Stiner reported that he had toured the town with Mr. Foote and every- thing seemed to be in good shape. Supervisor Mandeville stated that the bond sale of the $50,000 refunding bonds had been held that morning and that it was very encourag- ing to report that the bonds had been awarded to Halsey, Stuart & Co. , Inc. at 1.600 plus a premium of $70.50. He pointed out that the bond issue had been reduced from the original budget figure of $60,000 to $50,000 and that in addition to this saving of $10,000 in the bond issue, by a re-adjustment of the maturities of the bonds, it had been possible to save 34,000 in interest on the issue . Councilman Embury stated that A. C. Allyn Company, a bonding fire with whom he comes in contact frequently, has followed the finan- cial condition of the Town since the days when it was near bankruptcy and if the Town Board ever wants to hear a bonding firm speak of the Town of Mamaroneck with entvsiasm, they should tlak with them. On motion of Councilman Griffin, seconded by Councilman Embury, the following preamble and resolution were presented: THEREAS, the following certificate has been received froia the Supervisor: "CERTIFICATE OF AWARD OF BONDS AT PUBLIC SALE I, OWEN A. MANDEVILLE, Supervisor of the Town. of Mamaroneck, in the County of 'Westchester, New York, HEREBY CERTIFY that the following sealed bids, and no others, were received by me prior to 11:00 o' clock A. MI. EASTERN WAR TIME on the 19th day of May, 1943, for the $50,000. Refunding Bonds of the Town of Mamaroneck, New York, previously advertised to be sold at said time at the Town Offices. BIDDER Halsey, Stuart & Co. , Inc . First National Bank of 'Mount Vernon Coffin & Burr, Inc. County Trust Company Roosevelt & Weigold C. F. Childs & Co. E. H. Rollins & Sons INTEREST AMOUNT RATE BID 1.600 50,070. 50 1.600 50,005 .00 1.700 505104. 50 1.750 50,100.00 1.75% 50,095 .00 1.900 50,161.00 2.100 50,105.00 I FURTHER CERTIFY that all of the said bids were duly opened in public at said time and place and that I did then and there award said bonds bearing interest at the rate of one and sixty-one hundredths per centum (1.600) per annum to HALSEY STUART & CO. , INC. of New York, the successful bidder, at the price of $50,070. 50 and that all other bids for said bonds were rejected and the checks which accompanied said bids were returned to and accepted by the other bidders for said bonds. IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of May, 1943. OWEN A. MANDEVILLE Supervisor. '' Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, IN THE COUNTY OF VdESTCHESTER, NEW YORK, as follows : Section 1. The award of the $50,000. Refunding Bonds of the Town of Mamaroneck; New York, to HALSEY, STUART & CO. , INC. OF NEW YORK, at their bid of $50,070. 50 is hereby approved, ratified anc onfirmed, and all of said bonds of said issue shall bear interest at the rate of one and sixty one hundredths per centum (1.60%) per annum. The foregoing resolution was adopted by the following vote: AYES: Supervisor Mandeville Councilmen Griffin, Embury and Stiner NOES: None NOT VOTING: Supervisor Mandeville Councilman Griffin introduced the following resolution: RESOLUTION DETERMINING THE FORM OF $50,000. REFUNDING BONDS OF THE TOLE OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK. RESOLVED BY THE TOWN BOARD OF THE TOTE OF MAMARONECK, — IN THE COUNTY OF WESTCHESTER, NEW YORK, AS FOLLOWS: Section 1. The $50,000. Refunding Bonds authorized by virtue of a resolution entitledz : "Resolution providing for the issuance of $50,000. Refunding Bonds of the Town of Mamaroneck, and providing for their payment", adopted May 5, 1943, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK COUPiTY OF WESTCHESTER TOWN OF MAMARONECK No. REFUNDING BOND $1,000.00 The Town of Mamaroneck, in the County of Westchester, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this bond, or, if it be registered, to the person in whose name it is registered, on the lst day of June, 19 , the sum of One thousand Dollars ($1,000.) , and to pay interest on such sum at the rate of - per centum ( %) per annum, semi-annually on the first days of December and June in each year from the date of this bond until it matures upon presentation and surrender, as they severally mature, of the coupons therefor annexed hereto or, if this bond be registered, to the registered holder. Both principal and interest of this bond will be paid 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 Nev, York, in the City, County and State of New York. At the written request of the holder, this bond may be converted into a registered bond and such registration shall be entered on the books of the Town, kept in the office of the Town Clerk and the coupons annexed hereto cut off and destroyed and a certificate of such registry shall be endorsed upon this bond by such Town. Clerk after which the principal and interest of this bond shall be payable only to the re- gistered owner, his legal representatives, successors or assigns, and this bond shall be transferable only upon pre- sentation to such Town Clerk with a thirteen assignment duly acknowledged or proved. The name of the assignee shall be entered upon this bond and such books. This bond is one of an issue of fifty (50) bonds of like date, denomination and tenor, but maturing at different times, numbered 1 to 505 both inclusive, issued by the Town of Uamaroneck for the purpose of refunding a like amount of outstanding bonds of said Town issued prior to January lst, 1939 and maturing in the year 1943, pursuant to and in con- fortuity with Section 8 of the General Municipal Law of the State of Nev, York and a resolution of the Town Board of said Town duly adopted on May 5th 1943 . The faith and credit of said Town of Mamaroneck are hereby irrevocably pledged for the punctual payment of the principal of and interest on this bond according to its terms . It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of said Town is vvrithin every debt and other limit prescribed by the Constitution and laws of said State. IN WITNESS WEREOF, the Town of Mamaroneck, in the County of Westchester, has caused this bond to be signed by its Supervisor and its corporate seal to be hereunto affixed and attested by its Tovn Clerk and the coupons hereto attached to be authenticated by the facsimile signature of its Super- visor and this bond to be dated as of the first day of June, 1943. Supervisor. (Corporate Seal) ATTEST: Town Clerk. (FORTH OF COUPON) NO. $ On the first day of , 19 , the Town of Iliamaroneck, in the County of Westchester, a municipal corporation of the State of New York, will pay to the bearer the sum of Dollars ($p ) , in lawful money of the United States of America, at the office of the First National Bank of D,lount Vernon, Mount Vernon, New York, or, at the option of the holder, at the principal office of the Guaranty Trust Company of New York, in the Cite, County and State of New York, being six monthsy interest then due on its Refunding Bond, dated June lst, 1943, and bearing Number Supervisor. (FORM! OF ENDORSEMENT) CONVERSION CERTIFICATE WE HEREBY CERTIFY that upon the presentation of the within bond with a written request by the owner thereof for its conversion into a bond registered as to both principal and interest, we have this day cut off and de- stroyed coupons attached thereto, of the amount and value of Dollars ($ ) each, being all - the coupons for interest on the within bond payable after the date of this certificate, and that the interest at the rate and on the dates stated in the within bond and as was provided by the coupons, as well as the principal, is to be paid to the registered owner, his legal representa- tives, successors or assigns at the place stated in the within bond and in the coupons. Dated: , 19 Supervisor Town Clerk REGISTRATION CERTIFICATE It is hereby certified that the within bond has been registered as follows: Date of Registered Registration Name of Registered Holder By Section 2. This resolution shall take effect imme- diately. On motion of Councilman Griffin, seconded by Councilman Embury the foregoing resolution was adopted by the following vote: AYES: Supervisor Mandeville Councilmen Griffin, Embury and Stiner NOES: None Supervisor Mandeville informed the Board that Councy Execu- tive Gerlach and Judge Bleakley had visited the Governor in regard to having him reconsider his decision in connection with the New England thruway, but the Governor had declined to do so. In view of this the Supervisor said that he thought it would be well to postpone con- sideration of the alternate route through the Town of Mamaroneck,pre- pared by Town Engineer Foote, until a later date. The Torn Attorney stated that the recommended settlement of the certiorari proceeding instituted by The New York Trust Company to review the assessment for the year 1942 (tax of 1943) upon property in the Town of alamaroneck known as Block 409, Parcel 453, on the basis of a reduction in the assessment from $155,000 to $135,000. Councilman Griffin introduced the following resolution which was seconded by Councilman Stiner: WHEREAS, heretofore a writ of certiorari was obtained by The New York Trust Company, owner of property described on the assessment map and assessment roll M-1 of the Town of iMamarcneck as Block 409, Parcel 453, to review the assessment on said property for the year 1942 (tax of 1943) ; and WHEREAS, the Assessor and Board of Review of the Town of 11amaroneck duly filed! a return to said writ, 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: From Block 409, Parcel 453, Land $35,000, improvements $120,000, Tota $155,000 To Block 409, Parcel 453, Land $25,000, Improvements $110,000, Total $135,000 NOW, THEREFORE, BE IT RESOLVED that the assessment for the year 1942 (tax of 1943) upon the property owned by The New York Trust Company and described upon the assessment map and assessment roll of the Town of Mamarcneck as Block 409, Parcel 453 be reduced from $155,000 to $135,000 provided that the certiorari proceeding for the year 1942 (tax of 1943) be discontinued without costs to the Town of Mamaroneck. FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lation providing for the discontinuance without costs, of the certiorari proceedings now pending in the name of The New York Trust Company. A vote taken on the foregoing resolution resulted as follows: AYES: Supervisor Mandevilie Councilmen Griffin, Embury and Stiner NOES: None The Toren. Attorney stated that he recommended settlement of the certiorari proceeding instituted by Larchmont Yacht Club to re- view the assessment of 1942 (tax of 1943) upon its property in the Village of Larchmont, Town of Mamaroneck known as Block 717, Parcel 1, on the basis of a reduction in the assessment from '$287,000 to $220,000 and he stated further that he had negotiated such a settle- ment with the attorneys for the Larchmont Yacht Club on the basis of their discontinuing the certiorari proceeding to review the assess- ment of 1941, (tax. of 1942) without any reduction, all of which was satisfactory to the relator and its attorneys . Councilman Griffin introduced the following resolution which was seconded by Councilman Embury: WHEREAS heretofore writs of certiorari were obtained by Larchmont Yacht Club,' owner of property described on the assessment roll and assessment map of the Totem of idamaroneck as Block 717, Parcel 1, to review the assessment on said property for the years 1941 and 1942 (taxes of 1942 and 1943) ; and WHEREAS the Assessor and Board of Review of the Town duly filed returns to both of said writs and no further proceedings have been taken; and WHEREAS the Town Attorney and Assessor recommend that a reduction be granted in the assessment for the year 1942 (tax of 1943) provided proceedings to review both assessments are discontinued without making any reduction in the assessment for the year 1941 (tax of 1942) , NOW, THEREFORE, BE IT RESOLVED that the assessment for the year 1942 (tax of 1943) upon property owned by the Larchmont Yacht Club and described upon the Assessment map and roll, as Block 717, Parcel 1, be reduced from $287,000 to $220,000 provided that the certiorari proceeding for that year i.e. 1942 (tax of 1943) as well as the proceeding to review the assessment for the previous year i.e. 1941 (tax of 1942) both be discontinued without costs to the Tomn of Mama- roneck. FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lation providing for the discontinuance without costs of the certiorari proceedings and the refund of any excess of tax paid by the relator, Larchmont Yacht Club, in the year '1942 (tax of 1943) for State, County and Town taxes. A vote taken on the foregoing resolution resulted as AYES: Supervisor Mandeville Councilmen Griffin, Embury and Stiller NOES: None The Town Attorney made a report upon the Scarsdale boundary line situation, which is as follows: Two bills were enacted at the last session of the Legisla- ture, one, Chapter 654 of the Laws of 1943 which amends the Village Law so as to provide that the boundaries of a village which is incor- porated to embrace the entire territory of a town, shall be altered or changed simultaneously with any change in the town boundary which may be made by law, and the other, Chapter 669 of the Laws of 1943, which is an act to alter, establish and confirm the dividing line between the Town of Scarsdale and the Town of Mamaroneck. The first of these bills became a law April 21st, 1943 and the second on April 22nd, 1943, and the result is that the boundary line along Griffen Avenue has been changed so as to run along the center of this street rather than to the south of it as was previously the case. He called attention to a blue print of a map which was prepared by- the Engineering Department of the Town of Scarsdale which is entitled map of the boundary line between the Town of Scarsdale and ilamaroneck, Westchester County, New York, December 2nd, 1941" The tracing of this map was filed', with the Town Clerk on or about February 24th, 1943 . y? He stated that the change in the boundary line was now com- plete and recommended that change's be made in the Town's maps to show the boundary line as fixed by the Legislature. A letter dated May 19, 1943 was received from Fred H. Rubin, attorney, concerning alleged fund's due his clients from former constable, William J. Yarmy, novr in the United States Navy and serving overseas . Following sicussion the 'Town Clerk was directed- to inform Mr . Rubin that Mr. Yarmy was no longer the Town constable and that his letter was brought before the Board and the Board under the circumstances is in no position to act. At 10:40 P . M. the Board unanimously resolved to adjourn rk