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HomeMy WebLinkAbout1943_10_06 Town Board Minutes REGULAR METING OF THE TOWN BOARD TOWN OF MAMARONECK, NET YORK HELD OCTOBER 61 1943 In the Council Room of the Weaver Street Firehouse , Town of Mamaroneck, New York. The meeting was called to order by Supervisor Mandeville at 8 p.m. (Eastern war Time) . Present: Supervisor Mandeville Councilmen Griffin, Brewer and Stiner Absent: Councilman Keeler The presence was also noted of Town Clerk Payne , Attorney Delius , Assessor Smith and Comptroller Orsino. The minutes of September 15, 1943 were approved as pre- sented. The Supervisor requested the Town Clerk to read the com- munications. A letter dated October 4, 1943, was received from the Receiver of Taxes , Henry R. Dillon, recommending that payment on certain old tax arrears on Block 612, Parcel 353 , be accepted at the face amount of the liens. Following discussion, on motion by Councilman Griffin, seconded by Councilman Stiner , the following resolution was adopted: RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on the following described property , the -„' liens for which are held by the Town, at the face amount of the liens , provided payment is made within thirty days : Tax Sale Amount of Block Parcel Year Year Lien 612 353 1919 1920 $ 4.06 1919 1920 4.06 1920 1921 4.46 (3. 57 The foregoing resolution was adopted by the following vote: AYES: Supervisor Mandeville Councilmen Griffin and Stiner NOES: Councilman Brewer A letter dated September 27, 1943, was received from Wesley M. Messersmith, Attorney , advising that a client of his office was interested in purchasing an adjoining lot 23 feet wide next to No. 5 Senate Place , Town, and that certain old tax arrears had to be taken into consideration. He offered to make a settlement on these taxes at the face amount of the liens. Following some discussion during which it was pointed out that because of the ordinances the lot could not be used as a building plot , it was on motion by Councilman Griffin, seconded by Councilman Stiner , unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on the following described property, the liens for which are held by the Town, at the face amount of the liens , provided payment is made within thirty days : Tax Sale Amount of Block Parcel Year Year Lien 112 503 1936 1937 $ 4.08 1937 1938 11.70 1938 1939 12.94 1939 1940 15.48 1940 1941 15. 58 1941 1942 15. 53 1942 1943 16.02 $ 91.33 A letter dated September 27, 1943 , was received from Mir. David A. Embury , with a check in the amount of $100.73 , which amount, he stated, was based on his computation of town, school, and special assessments , on property known as Section 1, Block 37B , Lot 127 (old numbers) , which property was being purchased from the Empire Trust Company, the same being part of a large parcel shown on the present assessment map of the Town, as Block, 119 , Parcel 174. Following some discussion the matter was referred to the Town Assessor and the Department of the 'Receiver of Taxes for a" report for the next meeting. Supervisor Mandeville stated that while tax matters were being discussed, he wished to report that there was nothing new from Mr. Sweedler, pending the decision of his client. He also presentpl October 6, 1943 , received from ?Nilliam H. Johnson f^ oncerning the auction for the sale of the Bank Bi V g the Town Board to in- dicate its approval of 'G erty for not less than 88,100, the highest bid `.ling that pending further negotiations for a betty esolution covering the details of the sale be Y. It was on motif G ,,an Brewer, seconded by Councilman Stiner , upon s tail, unanimously RESOLVED, that for the purpose of facilitating negotiations for the sale of property known as the old First National Bank Building, the Town Board hereby indicates its approval for the sale of said property for not less than $8,100, the highest bid received. Three letters , all dated October 6, 1943 , were received from William H. Johnson, Village Manager, referring to sales by the Village where titles are about to be closed upon three separate par- cels. The letters requested that certain tax arrears be cancelled. Councilman Brewer offered the following resolution, which was seconded by Councilman Griffin, and upon roll call , unanimously RESOLVED, that the Town Board hereby authorizes the cancellation of taxes upon the following described properties , outstanding as of the date of the acquisition of the properties , by the Village of Mamaroneck, upon receipt of a statement showing similar amounts of taxes due as of the same date , to the village , . rents , if any, received, disbursements made for the account of the property and payment of school taxes and Mamaroneck Valley Sewer taxes , if any , which have become due since the acquisition of the property and a check for the share of the Town of the proceeds of the sale , computed in accordance with the statements: Property known as Section 9 , Bloch 47, Lots 1 and 2, on the tax assessment nap of the Village of Mamaroneck; and Block 915, Parcel 198 on the tax assessment map of the Town of Mamaroneck; Property known as Section 9 , Block 56 , Lot 2B, on the tax assessment map of the Village of Mamaroneck; and Block 928, Parcel 348 on the tax assessment map of the Town of Mamaroneck. A letter dated September 20 , 1943 , was received from Anthony Sansone , Corporation Counsel of the Village of Mamaroneck, advising that the Village Board had accepted an offer of $3,000 for the sale of property known as Section 8 , Block 111 , Lots 12B, 12A , 13 , 14, 15, 16 and 17B , on the Village Assessment Roll. He enclosed a copy of the resolution. Some of the members of the Board advised that they had in- spected the property, and following some discussion, it was the con- census of opinion that the property was worth more than the amount offered. The members of the Board directed the Town Clerk to advise Mr. Sansone that consideration will be given if the price is improved, and if there are any further negotiations that a record of the tax arrears due the Village be furnished for the information of the Town Board. A letter dated September 16, 1943 was received from Mr. David Butler , in which he thanked the members of the Town Board for their interest in the improvement along the brook at Valley Stream Road. He stated that a grand job was done in building the retaining wall and that it would preserve the roadway as well as improve the drainage facilities. He gave credit to the Town Engineer and his men. The letter was ordered received and filed. A letter dated September 15, 1943 was received from James C. Harding, Commissioner of Public Works of the County of Westchester , with which was enclosed a copy of a resolution adopted by the Board of Supervisors , concerning the Town' s benefit of a State contribution ih the amount of $50.00 per mile for the removal of snow from State Highways , as provided under Section 55, Subdivision 2 , of the Highway Law. On motion by Councilman Griffin, seconded by Councilman Brewer , it was , upon roll call , unanimously RESOLVED, that the Town Superintendent of igh- ways be and he hereby is authorized to enter into an agreement with the County of Westchester for the purpose of securing for the Town the benefit of the State of New York contribution for the removal of snow from State Highways in the Town of Mamaroneck including State high- ways inside the Villages of Mamaroneck and Larch- mont. A letter dated September 21, 1943 , was received from Toomey, Edwards & Connelly, Attorneys , listing certain actions pending where writs of certiorari had been filed to review assessments , and re- questing that settlements be made. ********Property known as Section 9 , Block 47, Lots 3 and 4 on the tax assessment map of the Vil- lage of Mamaroneck; and Block 915, Parcel 208, on the tax assessment map of the Town of Mamaroneck; Thb-members of the Board looked over the list and following some discussion it was decided to deny the request. A letter dated October 6 , 1943 , was received from Police Chief Yerick in which he advised that the Board of Police Commissioners had, at a meeting held August 26, 1943 , appointed temporary Patrolman James Yancusi to the position of regular patrolman to fill the vacancy caused by the death of Patrolman Michael Ryan. Also, that the State Civil Service Commission had approved of the appointment. On motion by Councilman Griffin, seconded by Councilman - Brewer , it was unanimously RESOLVED, that the action of the Board of Police Commissioners in the appointment of Patrolman James Mancusi be and hereby is ratified. The following reports for the month of September, 1943 , were received and filed: (1) Report of the Receiver of Taxes ; (2) Report of the Building Inspector; (3) Report of the Plumbing In- spector; (4) Report of the Mamaroneck Health Center. The Town Clerk read the following report , which was ordered received and filed: Honorable Town Board Town of Mamaroneck Gentlemen: Pursuant to Section 119 of the Town Law, I hereby render the following detailed statement of all moneys received and delivered by me, as Supervisor, during the month of August , 1943: Receipts General Funds ---- Receiver of Taxes $13 ,341.98 Building and Plumbing Inspector 28.00 Justices of the Peace 58.00 Town Clerk 35.25 County of Westchester 41,252.29 Approp. Refunds , Ins. Salvage , etc. 154.03 Transfers between General Fund Accounts 2 ,954.29 Total Receipts General Funds $57,823.84 Special Assessment Fund Transfer from General Fund 99.26 Tax Lien Fund Transfer from General Fund 429.06 Tax Certificate Fund Transfer from General Fund 220.72 Sale of Town-owned property 1000.00 Total Receipts Tax Cert. Fund 19220.72 Highway Fund Transfer from General Fund 14,200.00 County of Westchester 360.47 Refunds Gas & oil - other Departments _ 114.82 14,675.29 $74,248.17 Disbursements: General Funds Audited Claims $16,968.64 Payrolls 12,955.08 Beverage Tax Refunds to Villages 1,487.78 Justices ' Fines paid to Police Pen. Fund 16.00 Withholding Tax paid to U.S. 1 ,084.30 War Bonds purchased for Employees 97. 50 Transfer to Highway Fund 14,200.00 Transfer to Tax Lien Fund 429.06 Transfer to Tax Certificate Fund 220.72 Transfer to Special Assessment Fund 99.26 - Transfers between General Fund Accounts 3296,32 Total General Fund Disbursements $50,854.66 Tax Lien Fund Paid upon surrender of Tax Liens 1 ,545.97 Highway Fund Paid upon Warrants of Supt. of Highways _ 2 469.9 0.33 /s/ Owen A. Mandeville Supervisor The Supervisor suggested that the meeting proceed with reports of Committees. Councilman Griffin presented the report of claims audited and paid by the Comptroller , from September 15 to October 6 , 1943. He read the statement of Bank Balances , as of 9 a.m. October 6 , 1943. He read the report for the Department of Welfare for the month of September , which showed as follows : Case Total Grasslands Year Load Individuals Expenditures Hose. Cases Amount 1943 29 64 $ 1,124.94 15 $1 ,864.38 1942 109 368 49377.33 23 21295.00 Councilman Griffin reported that in relation to the Park Department , a complete check was being made by the Honor Roll Committee to see that all the names of those in the Armed Services are included on the Honor Roll. He informed the Board that the Park Department would assume its share of the cost of printing the General Ordinances which included the ordinances of the Park Department. A petition was received from the Assessor requesting the approval of a number of pages from the Assessment Map showing corrections made by the Town Engineer as of June 1 , 1943 , such corrections being due to the sale or transfer of lots or plots , filing of maps in the Department of Land Records in white Plains , etc. On motion by Councilman Griffin, seconded by Councilman Stiner , it was unanimously RESOLVED, that the Board approves of the changes in the Assessment Map of the Town of Mamaroneck as of the first of June , 1943, and the said map is hereby corrected and rectified as of June 1 , 1943 , in the following places : Page: 208, 223 , 304, 305, 306 , 341 , 344, 347, 602, 607, 613 , 924, 702, 801, 8099 815, 819 , 820 , 826 , 901, 903 , 907, 914 , 920 , 603 , Index. Councilman Brewer informed the Board that he had received from Mr. T. James Ahern, Superintendent of Schools , a report on the survey which was conducted within the school district in connection with the proposed Recreation System. Also , that a budget estimate was included which had been studied by members of the Board of Education. He read the report and budget estimate and stated that each called for an appropriation of $12 ,000. There was a lengthy discussion after which Councilman Brewer stated that he would file with the Town Clerk a copy of the proposed program, with his own letter , adding the approximate cost per thousand of assessed valuation. Councilman Stiner reported that he had inspected with Town Engineer Foote and Mr. Merola, the work being done by the Town. He advised that the men in the Department for the removal of garbage were asking for an increase in pay in next year's budget. Also that they were asking for two weeks vacation. He compared their pay with the pay of men doing similar work in the surrounding communities . Following some discussion it was decided that the matter would be considered at the preliminary meetings held for the budget Councilman Stiner reported that the Mamaroneck Auxiliary Police Pistol and Rifle Club had requested the approval of the use of the old quarry at the corner of Fenimore Road and Grand Street , as an outdoor shooting range for the benefit of its members. He added that personal and property damage insurance in the amount of $100,000 and $200,000 limits would be provided and that all safety precautions would be observed. He informed the Board that he was acquainted with the member- ship of the Organization and that he would like to recommend that the courtesy be extended to them. Following some discussion, it was decided that the matter be referred to the Board of Police Commissioners for their recommendation before action was taken by the Town Board. The Town Attorney recommended the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF $130 ,000.00 CERTIFICATE OF INDEBTEDNESS OF THE TOWN OF MAMARONECK, IN ANTICIPATTION OF THE RECEIPT OF TAXES LEVIED FOR TOWN PURPOSES. RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows : Section 1. In anticipation of the receipt of unpaid State , County, Town and Town District taxes for the fiscal year beginning January 1, 1943 and ending December 31, 1943, and for the purpose of providing moneys (a) to pay to the County Treasurer the amount of unpaid State and County Taxes , and (b) to meet the lawful expenditures of the Town and of the Town districts under the appropriations for said year , the Supervisor is hereby authorized and directed to issue a Certificate or Certificates of Indebtedness 'of the Town in the total principal amount of $130,000. , pursuant to Chapter 105 of the Laws of 1916 of the State of New York, as amended. Section 2. It is hereby determined and declared: (a) The total amount of State , County, Town and Town District taxes levied in said Town for said fiscal year, is $1,316,433.$1. (b) The total amount of said taxes due and unpaid , is $134,132.32. (c) The total amount heretofore borrowed and outstanding in anticipation of the collection of said taxes , is none. Section 3. The following matters in connection with said Certificate of Indebtedness are hereby determined: Date : October 15, 1943 Maturity: July 1, 1944 Denomination: To be determined by Supervisor Interest rate per annum: To be determined by Supervisor Number: To be determined by Supervisor Form: Substantially the form determined by resolution adopted January 4, 1939 , except that said . Certificate shall be signed by the Supervisor and countersigned by the Town Clerk, and shall recite that it is issued pursuant to the pro- visions of the Westchester County Tax Law, constituting Chapter 105 of the Laws of 1916 , as amended , and by virtue of a resolution duly adopted by the Town Board on October 6 , 1943 , for money borrowed in anticipation of the col- lection of unpaid state , county, town and town district taxes levied in said Town for the fiscal year commencing January 1, 1943- The Supervisor is hereby authorized to determine all matters in connection herewith not determined by this or subsequent re- solution and his signature upon said Certificate shall be con- clusive as to such determinations. Said Certificate of In- debtedness shall be signed by the Supervisor and countersigned by the Town Clerk and shall have the corporate seal affixed thereto. The Supervisor is hereby authorized and directed to sell said Certificate of Indebtedness at private sale at not less than par , without advertisement or public bidding and to deliver the same to the purchaser upon receipt of the purchase price plus accrued interest from the date of the Certificate -- to the date of delivery. Section 4. The faith and credit of the Town of Mamaroneck are hereby pledged for the punctual payment of the principal of and interest on said Certificate or Certificates of In- debtedness and, unless otherwise paid or payment provided for , taxes shall be levied on all of the taxable property in said Town in an amount sufficient to pay said principal and interest. On motion by Councilman Griffin, seconded by Councilman Stiner , the foregoing resolution was adopted by the following vote: AYES: Supervisor Mandeville Councilmen Griffin, Brewer , Stiner NOES: None The Supervisor stated that pursuant to Section 142 of the Highway Law, the Superintendent of Highways , A.J. Foote , had filed an inventory of tools and equipment as of September 28, 1943.. He presented a letter dated September 17, 1943, received from William H. Johnson, Village Manager , in which Mr. Johnson recalled _ various discussions with the Town concerning the improvement of Fenimore Road, and that the improvement between Boston Post Road and Palmer Avenue and Plaverly Avenue to the Town line was contemplated under a WPA Project, and that now the Village would like very much to proceed with the work this Fall or not later than next Spring. Action was deferred until such time as the budget is discussed for next year. The Supervisor presented a letter dated September 20, 1943 , received from Anthony Sansone , Corporation Counsel, Village of Mamaroneck, referring to foreclosure proceedings instituted by the Village of Mamaroneck on property known as the Bloch Building (Section 9 , Block 51, Lots 8, l0A and 11A on the tax assessment map of the Village of Mamaroneck) and suggesting that the Town foreclose on its tax liens also. Mr. Sansone stated that he would be very glad to discuss the matter with the Town Attorney. The matter was referred to Attorney Delius for a report to the Board. The Supervisor asked if there was anything else to come before the meeting. The Town Clerk stated that due to his work_ in connection with registration and election, it would be necessary for him to be out of the office quite a great deal and he thought it would be advisable to appoint a deputy town clerk. He presented the following certificate of appointment: APPOINTMENT OF DEPT?TY TOIPTT CLERK STATE OF NEW YORK ) COUNTY OF WESTCHESTER } SS: TOWN OF MAIiARONECK } Pursuant to Subdivision 10 of Section 30 of the Town Lana, State of New York, I hereby appoint Miss Wilhelmina Schroeder as Deputy Town Clerk of the Town of Mamaroneck for the term of office ending December 31 , 1943. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Mamaroneck this 6th day of October , 1943. /s/ Robert D. Payne , Town Clerk Sworn to before me this 6th day of October - 1943 /s/ Leo N. Orsino Notary Public , Westchester County On motion duly made and seconded, it was unanimously RESOLVED, that the action of the Town Clerk in connection with the appointment of Miss Wilhelmina Schroeder as Deputy Town Clerk be and hereby is ratified. The meeting adjourned at 10: 5 p.m. / /17 1'xL -- own lcrrk I --�—