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HomeMy WebLinkAbout1943_11_03 Town Board Minutes REGULAR METING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD NOVEIBER 3 , 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, Stiner and Keeler Absent: Councilman Brewer The presence was also noted of Town Clerk Payne, Attorney Delius , Assessor Smith, Comptroller Orsino, Town Engineer & Superin- tendent of Highways Foote , and Accountant Finson. The Supervisor requested the Town Clerk to read the com- munications. The Town Clerk read a Western Union message received at 5 p.m. , November 3 , 1943 from the Larchmont Estates , Inc, asking what action had been taken regarding the parking of cars along Richbell Road. Following discussion, the Town Clerk was directed to write to the Larchmont Estates , Inc. notifying them that parking regulations come under the jurisdiction of the Board. of Police Commissioners , and that the Town Board had been informed by the Commissioners that parallel parking would be put into effect on Richbell Road beginning December 1 , 1943. A letter dated October 25, 1943 was received from Wm. H. Johnson, Village Manager , with further reference to the offer of $3 ,000 which was made by William R. Warner & Co, on property located at 500 Waverly Avenue , Village of Mamaroneck. In his letter , manager Johnson gave a resume of sales of comparable industrial property recently con= summated, pointing out to the Board that this was the highest price bid for industrial property. Following a lengthy discussion, on motion by Councilman Stiner , seconded by Councilman Griffin, the following resolution was unanimously adopted: WHEREAS , the Village of Mamaroneck has heretofore acquired by deed in lieu of foreclosure , property known as Section 8, Block 111 , Lots 12B, 12A , 13 , _ 14, 15, 16 , 17B and 17A1, on the assessment map of the Village of Mamaroneck; and WHEREAS , the Town of Mamaroneck owns certain tax liens upon the same property which is known upon the Town assessment map as Block 825, Parcel 26 , representing arrears of taxes due it , which were heretofore levied against the property; and - WHEREAS , the Village of Mamaroneck, by resolution duly adopted September 13 , 1943 , accepted an offer from William R. Warner ec Co. Inc. for the purchase of the property , in the sum of 83 ,000 which accept- ance , however , is conditioned upon similar action being taken by the Town Board of the Town of Mamaroneck; NOW, THEREFORE , BE IT RESOLVED, that the Town Board of the Town of Mamaroneck agrees that the property described on the Town assessment map as Block 825, Parcel 26 , be sold for $3 ,000.00. FURTHER RESOLVED, that the net proceeds of such sale , together with any balance of rentals or income received by the Village of Mamaroneck during the period of its ownership, shall be divided between the Town and Village of Idamaroneck proportionately to the amount due each as of the date of such sale. A letter dated November 1, 1943 was received from the American Legion Post No. 90, signed by W.E. Thrasher , Commander , requesting the Town Board to waive the interest on arrears of the Mamaroneck Valley Setter District tax on property known as Block 910 , Parcel 452. It was stated that the property had been exempt from all town and school taxes from the date which it had been acquired. It was also mentioned that because of the exemption there was an over- sight with reference to the state , county, town and school tax of 1930 , in the amount of $39.07, which was not cancelled or paid. It was re- quested that these taxes be marked off the records. Following discussion, on motion by Councilman Griffin, se- conded by Councilman Stiner , it was unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized , empowered and directed to accept payment of the following taxes on the follow- ing 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 - 910 452 1939 1940 $ 25.67 1940 1941 24. 73 1941 1942 26.38 _ 1942 1943 26. 58 FURTHER, that the Receiver of Taxes and Assessments is hereby authorized, empowered and directed to cancel the following tax lien which appears upon the records of the Town: Block Parcel Tax Sale Amount of Year Year Lien 910 452 1929 1930 $ 39.07 On motion by Councilman Heeler, seconded by Councilman Griffin, it was unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on Block 119 , Parcel 174, the lien for which is held by the Town, at the face amount of the lien, provided payment is made within thirty days: Block Parcel 119 174 Tax Sale Amount of Year Year Lien 1942 1943 $ 50.38 The Town Clerk reported that since the previous meeting a large number of sealed bids had been received for the sale of the two automobiles offered through public notice. He added that the response was due to a news item in the Daily Times that reported that no bids had been received. The Supervisor directed the Town Clerk to open the bids which showed as follows: Edward Leichter $175.00 Carlo Iannarelli 151.00 Peyton In. Hughes , Jr. 150.00 Michael ' s Service Station 150.00 Charles J. Rigano 125.00 Paul Bell 105.00 James V. Sansone 100.00 John F. Harris 100.00 Philip Tillion 85.00 John Laise 85.00 Louis J. Preston 75.00 Joseph Lanza 75.00 It was on motion by Councilman Griffin, seconded by Councilman Keeler , upon roll call , unanimously RESOLVED , that the sale be made to the highest bidder and that his check be deposited, and that the Town Clerk, is hereby directed to call in the owner ' s license and present same to the Town At- torney for the transfer of ownership. FURTHER, that all checks of the unsuccessful bidders be returned immediately. The members of the Board then discussed the sale of the second car and it was decided that the Town would retain same for the use of the Highway Department. It was on motion by Councilman Griffin, seconded by Councilman Keeler , upon roll call , unanimously RESOLVED, that the 1934 Ford Sedan be retained by the Town, and that all bids received be rejected, and that the Town Clerk is hereby directed to re- turn the bids to the persons by whom they vrere offered. and the Receiver of Taxes & Assessments The reports of the Building Inspector for the month of October 1943 , were received and filed. The report of the Larchmont Visiting Nurse Assn, Inc. for cuarter , July , August and September , 1943 , was received and filed. The Town Clerk reported on the results of the election held November 2 , with particular reference to the votes cast upon the pro- position No. 1, to establish a Recreation System and appropriated the sum of not less than $10,000 annually. The results of the votes cast on Election Day are as follows : 493 yes ; 832 no. The Town Clerk then further stated that all war ballots are returnable on or before December 10 , to the Board of Elections in White Plains and that in consequence , the final canvass of votes upon the proposition cannot be made until that time. Upon resolution made by Councilman Griffin, seconded by Councilman Stiner , it was unanimously RESOLVED, that Proposition No. 1, "Shall the Town of Mamaroneck establish a recreation system and annually levy and appropriate for the main- tenance of such system, not less than $10 ,000" failed to carry and that the final canvass of votes -- upon the proposition be postponed until the War bal- lots are received. , The Town Clerk reported that pursuant to the law, the pre- liminary estimates for the budget for 1944, from all departments of the Town had been filed in his office before October 30 , 1943 , and that he was at this time presenting same to the Town Board. The es- timates were received and the Town Board decided to hold a meeting on November 10 to complete its work on the proposed budget for 1944. HE The Supervisor suggested that the meeting proceed with reports of committees . Councilman Griffin presented the report of the Public ffel- fare Department for the month of October , 1943 , which showed as fol- lows : Year Case Individuals Total Grasslands Load Expenditures Cases Amount 1943 30 61 8 1 ,377.12 28 829611.29 1942 102 320 4,039.91 26 4,095.00 Councilman Griffin reported that the Park Department now have in their nursery ample trees that are big enough to put out and plant along the streets , and that they have asked the newspapers and others to publicize the fact so that people who would like to have trees planted in front of their property might be informed. He stated that they had received several inquiries and that some were for properties along Murray Avenue. He added that it was a good plan to start improvinm the streets and that Fall is the best time to do this work. Councilman Griffin presented a statement of the claims audited and paid by the Comptroller from October 20 to itovember 3 , 1943 , which was ordered received and filed. He presented and read a statement of bank balances as of 9 a.m. , November 3 , 1943. Councilman Keeler recalled that at the last meeting it was mentioned that the Mamaroneck Auxiliary Police Pistol & Rifle Club would file an insurance policy protecting the Town against any loss. He inquired if it had been received. Supervisor Mandeville informed the Board that he had been assured that the policy would be filed before any activities at the Range were started. Councilman Keeler presented and read the monthly report of the Fire Department for the month of September , 1943 , which was ordered received and filed. Councilman Stiner reported on Post War Planning for Town Public Works , by stating that there are only two projects which might be eligible for a State grant for part of the cost of the plans and specifications. That these are the resurfacing- and rebuilding of streets and part of the flood control which was included in the re- cent survey by the Town Engineer ' s Department of sewer and drain con- nections. He informed the Board that he and Town Engineer Foote had been working on plans with the idea of getting as much information as possible to submit to the members of the Board. He stated that Mr. Foote had mailed a letter to the New York State Post afar Planning Commission on October 26 , 19439 asking for details and that in reply they mailed a municipal hand book which. contained only one paragraph of interest at this time. He stated that in view of the contents of paragraph three , it seemed to be well to drop the whole matter for the present at least , because if the Town could not get a grant from the State for at least a big share of the cost of a program, the small item up to two per cent for plans and specifications is not worth bothering with. He informed the Board that the street improvement program needs no plans and that the plans for the part of the food control referred to are already finished. He added that the Town Board could take up the whole matter later if the need arises , just as well as doing it nova. Councilman Stiner informed the Board that all routine work in his departments seemed to be very well taken care of. He advised the members of the Board that at about 5 p.m. on November 2 , he received a telephone call from a Mr . Bowen, 11 Lafayette Road, Town, claiming that rave garbage was being dumped in the hollow y .&I off Madison Avenue. Councilman Stiner reported that he and Town Engineer Foote investigated the situation and found everything in good order , except for a dozen or so of grape fruit rinds and ve- getable matter which he believed had been thrown there by some per- son employed to take care of grounds of different properties. Ile stated that they examined the municipal-owned trucks which drove up with material to be unloaded and found that they contained nothing but clean ashes , leaves and some tin cans . Ile said that it was his opinion that some free lancing ivas being done by a gardener with a small truck, who may have been induced, while carrying away leaves , etc. , to ,put on an odd package of refuse. He added that he and Mr. Foote cautioned the municipal drivers once more , although they seemed to be carrying out previous instructions implicitly , and that his diagnosis of this instance is the hope that better cooperation is received from the neighbors in keeping this a completely unobjectionable dump. The Town Attorney presented the following agreement which was discussed, and on motion by Councilman Stiner , seconded by Councilman Keeler , upon roll call, unanimously RESOLVED , that the Supervisor be authorized to sign the following agreement and deliver same to the Vil- lage of Plamaroneck: AGREEMENT made the 3rd day of November , 1943 , between TOWN OF MAMARONECK, a municipal corporation in the County of West- chester and State of New York, hereinafter referred to as the "Town" and VILLAGE OF MAMARONECK, an incorporated village in said County , hereinafter referred to as the "Village" , WHEREAS , the Town and the Village each own tax liens on the following tax lot , situated in the Village: TOWN Block 912 , Parcel 5 VILLAGE Section 9 , Block 51 , Lot 8 as shown on the Tax Map of the Town of Mamaroneck and on the Tax Map of the Village of Mamaroneck, and WHEREAS , at a regular meeting held on the 3rd day of November , 1943 , the Town Board of the Town duly adopted a resolution authorizing the Supervisor of the Town to enter into an agreement with the Mayor of the Village , covering the foreclosure of tax liens held by the Village and the Town affecting the lots hereinabove men- tioned , and WHEREAS , at a special meeting held on the 3rd day of November, 1943 , the Board of Trustees of the Village duly adopted a resolution authorizing the Mayor of the Village to enter into an agreement with the Supervisor of the Town covering the foreclosure of tax liens held by the Village and Town, affecting the lot here- inabove mentioned. , NOW , THEREFORE , in consideration of the premises and the mutual promises of the parties hereto, and pursuant to Section 48 of the Westchester County Tax Law as amended and Section 133 of the Village Law as amended , it is hereby agreed as follows in re- spect to the aforesaid lot: FIRST: The Village shall bring an action or actions to foreclose its tax lien or tax liens thereon or such one or more of them as it is advised to sue on, covering said premises hereinabove mentioned. In the event that tax liens have been sold by the Town to individuals or corporations , affecting any of the premises. here- inabove mentioned, the Town shall assign to the Village for the purpose of foreclosing the same , such liens as it may hold affecting said premises which are subsecuent to the liens sold as aforesaid. SECOND: Upon the sale of said lot in foreclosure , the same shall be sold free and clear of Town, School and Village taxes and assessments , and the proceeds of sale , after paying the costs and expenses of sale , if insufficient to pay all taxes and assessments in full, shall be divided between the Village and the Town in accord- ance with the provisions of Section 133 of the Village Law as amended, but if said proceeds of sale are sufficient to pay all taxes and assessments in full , they shall be so applied. THIRD: The entire expense incident to the foreclosure - action or actions shall be borne by the Town and the Village in pro- Portion to the Town and Village taxes unpaid as of the day of the foreclosure sale. The Town hereby authorizes the village to bring the foreclosure action or actions and to advance the expenses thereof and agrees to pay its proportionate share of said expenses upon de- mand by the Village to the extent of the moneys theretofore appropri- ated and on hand for such purpose. FOURTH: Out of the proceeds of the sale in the said action or actions , there, shall be first deducted the expenses of the action or actions and of the sale. The net proceeds shall then be divided between the Town and the Village in proportion to the Tom and Vil- lage taxes unpaid as of the day of the sale in foreclosure. FIFTH: At the foreclosure sale , the Village shall make a bid in a sun which shall not exceed the Town and Village taxes and assessments unpaid as of the day of the foreclosure sale plus the costs and taxable disbursements. The deed shall be taken in the name of the Village , but the Village shall hold title to such pre- mises for the Village and the Town and shall not dispose of the same except with the consent of the Town. Nothing herein contained shall be deemed to require the execution of such deed by the Town and so long as the Town shall , by resolution, consent to such sale , the deed shall be executed solely by the Village. SIXTH: Upon resale of such lot by the Town and Village , the net proceeds of such sale shall be divided between the Town and Village in proportion to the amount of Town and Village taxes and assessments unpaid as of the day of the foreclosure sale. IN WITITFSS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. TOWN OF MAMARONECK (Signed) (Signed) STATE OF NEW YORK ) ) ss : COUNTY OF WESTCHESTER ) Oven A. Mandeville U.S. ) Supervisor VILLAGE OF MAMRONECK B.J. Santoro (L.S. ) Mayor On this 3rd day of November , 1943 , before me personally came Owen A. Mandeville , to me knoun, who being by me duly stiiorn did depose and say that he resides in the Town of Mamaroneck; that he is the Supervisor of the Town of Mamaroneck, one of the corporations described in and which executed the foregoing instrument; that he knew the seal of said corporation; that it was so affixed by order of the Town Board of said corporation, and that he signed his name thereto by like order. (Signed) Robert D. Payne Notary Public M STATE OF NEW YORK ) ) ss : COUNTY OF WESTCHESTER ) On this 18th day of November , 1943 , before me personally came B.J. Santoro, to me known, who being by me duly sworn did depose and say that he resides in the Village of Mamaroneck; that he is the Mayor of the Village of Mamaroneck, one of the corporations described in and which executed the foregoing instrument; that he knevr the seal of said corporation; that it was so affixed by order of the Board of Trustees of said corporation, and that he signed his name thereto by like order. (Signed) F.H. Bull Jr Notary Public , Westchester Co. FURTHER RESOLVED , that the Receiver of Taxes be authorized and directed to assign the transfer of tax liens described in said agreement to the Village of Mamaroneck in accordance with the terms of said agreement. The Town Attorney stated that he recommended settlement of the certiorari proceeding instituted by Winged Foot; Holding Corporation to review the assessment of 1943 (tax of 1944) upon its property in the Town of Mamaroneck known as Block 347, Parcel 1 , on the basis of a reduction in the assessment from 5770,000 to $750,000, which is satisfactory to the relator and its attorney. Councilman Keeler introduced the following resolution «rhich was seconded by Councilman Stiner: WHEREAS , heretofore a writ of certiorari was obtained by Winged Foote Holding Corporation, o7ner of pro- perty described on the assessment roll and assessment map of the Town of Mamaroneck as Block 347, Lot 1 , to review the assessment on said property for the year 1943 (tax of 1944) ; and WHEREAS , the Assessor and Board of Review of the Town of P,Iamaroneck duly filed a return to the writ and no further proceedings have been taken; and WHEREAS , the Town Attorney and Assessor recommend that reduction be granted in the assessment for the year 1943 (tax of 1944) provided the proceeding to review the assessment be discontinued, NOW, THEREFORE , BE IT RESOLVED, that the assessment for the year 1943 (tax of 1944) upon property owned by the Winged Foot Holding Corporation and described on the Assessment map and roll as Block 347, Lot 1 , be reduced from $770,000 to $750,000 provided the certiorari proceeding for the year 1943 (tax of 1944) be discontinued without costs to the Town of Mamaroneck. FURTHER RESOLVED, that the Town Attorney is here- by authorized and directed to sign the necessary stipulation providing for the discontinuance with costs of the certiorari proceeding. The Town Attorney presented a letter dated October 21 , 1943 received from Martin E. King , attorney , in which Mr. King asked that certiorari rroceed.ings be settled on properties owned bh Mrs. Felton, hir. Stanley Duhig , Mr. Claude Moody and. Mr. J.J. Murdock, on the basis of the valuations fixed this year by the Board of Review. Following some discussion the offer of settlement was denied. ME The Town Attorney informed the Board that it mould be necessary to employ a building expert and a real estate expert in connection with the court case brought by the Chelsea Fireproof Storage Warehouses , Inc . brought to review the assessments on their property at the corner of Larchmont Avenue and Boston Post Road.. The Town Attorney was directed to employ Mr. B.J. Santoro as the building expert , and Mr . Harry Whittle as the real estate expert , and that the expenses be paid out of the item for this purpose in the Town Attorney 's budget. Supervisor Mandeville presented a communication from the Association of Towns dated November 1, 1943 inquiring if the Town of 1jameroneck wished to continue its membership through 1944. At- tached were the membership forms and a bill in the amount of $102. for the annual membership dues . All agreed that the Town should continue its membership and it was decided nothing could be done until after the budget for the coming year had been adopted . Action was deferred until that time . The Supervisor presented a claim from Joseph Yoto and Company in the amount of $384.38 for rental of equipment to the Town. Following some discussion, on motion by Councilman Griffin, seconded by Councilman Stiner , it was RESOLVED , that there is hereby appropriated from the unexpended balance of the item "Engineer expenses for flood control survey , $2,000" in the department of Town Engineer , as contained in the 1943 budget , the sum of $384.38 for payment of the claim of Joseph lioto & Company for rental of equipment used by the Town Engineer for im- provements along the Sheldrake River and the Town streets and highways which border upon said Sheldrake River . FURTHER RESOLVED , that this resolution shall be -- authority for the making of such improvements in the Sheldrake River pursuant to Section 64, sub- division 14a of the Town Law, as added and amended by Chapter 710 of the Laws of 1943• The Supervisor presented a claim dated October 22 , 1943 received from the .War Price & Rationing Board , 55-0-9 , in the amount of $72.65 for the Town' s proportionate share for expenses incurred by the afar Price Rationing Board for the period January 1, 1942 to July 31 , 1942. Following some discussion, it was on motion by Councilman Stiner , seconded by Councilman Keeler , upon roll call , unanimously RESOLVED, that the Comptroller be and hereby is authorized to audit the claim received from the War Price & Rationing Board, 55-0-9 , in the amount of $72.65, dated October 22 , 1943 , and the Super- visor is hereby directed to pay same. The Supervisor informed the Board that Mayor Goeckler of Larchmont had raised a question about the Town increasing its con- tribution to the Larchmont Public Library. lie also presented a copy of letter dated October 15, 1943 from Mr. W. Edward Bracken, Village Treasurer , to Idayor Goeckler setting forth the details in connection - with the budget of the Library and the revenues received from the municipalities. Following discussion the matter was referred to Council- man Griffin. The Supervisor asked if there was any other person who wished to address the Board. There being no one , the Board unanimously resolved to adjourn at 9:45 p.m.