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HomeMy WebLinkAbout1944_04_20 Town Board Minutes a'd REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD APRIL 20, 1944 In the Councilman Room of the Weaver Street Firehouse , Town of Mamaroneck, New York. The meeting was called to order by Supervisor Mandeville at 8:15 p.m. (Eastern tsar Time) . Present: Supervisor Mandeville Councilmen Griffin, Stiner , Keeler , Embury Absent : None The presence was also noted of Town Clerk Payne , Attorney Delius , Comptroller Orsino, Assessor Smith, and Town Engineer and Super- intendent of Highways Foote. The minutes of April 5, 1944 were approved as presented. The Supervisor requested the Town Clerk to read the com- munications. A letter dated April 15, 1944, addressed to Supervisor Mandeville , was received from Albert C. Woodruff, Jr. in which he offered on behalf of his wife , Dorothy Alden Woodruff, the sum of 8625.00 for the purchase of Parcel 455, Block 211 , thereby increasing her original offer by $125.00. It was stated that the property adjoins the residence of the Woodruff Is. Following some discussion, it was on motion by Councilman Embury, seconded by Councilman Griffin, upon roll call , unanimously RESOLVED, that the property known as Block 211, Parcel 455, on the assessment map of the Town of Mamaroneck and owned by the Town of Yamaroneck be sold to Dorothy Alden Woodruff, 10 Dundee Road. , Town, for the sum of $625.00 , subject to the state, county and town taxes for the year 1944. FURTHER, that the Town Attorney is directed to prepare the deed for the conveyance of title , and that the Supervisor be authorized to sign same. A letter dated April 10 , 1944, was received from Mrs. Eleanor King„ employee in the Public Welfare Office , in which she stated that she wished to tender her resignation, effective May 159 1944. It was explained that Mrs. King ' s husband is in the armed forces and that she planned to join her family in Chicago. Councilman Griffin offered the following, which was seconded by Councilman Stiner, and unanimously adopted: THAT the letter of resignation from the position of stenographer in the Public Welfare Office re- ceived from Mrs. Eleanor King, dated. April 10 , 1944 and effective May 15, 1944, be accepted with regret. FURTHER, that the members of the Board hereby ex- press to Mirs. King their appreciation for the faith- ful performance of her duties with the Town for the past ten years, and that every wish is extended to her for her future . The Town Clerk was directed to send a copy of the above to Mrs. King. The Town Clerk presented a claim in the amount of 513. 50 , dated April 22 , 1944, received from Alexander Finson, accountant , for traveling expenses in connection with a hearing before the State Tax Commission, Albany , New York, on April 19 , 1944. It was on motion by Councilman Griffin, seconded by Council- man Stiner , upon roll call , unanimously RFSOLVED, that the above described claim in the name of Alexander Finson, for traveling expenses , and in the amount of 813.50 be ap- proved for payment. The same to be paid out of the item in the 1944 Budget for such pur- poses. A letter dated April 7, 1944, was received from Henry E. Mendes, Chairman of the War. Council , in which he recommended for appointment to the War Council, the following persons to fill vacancies caused by re- signations and to recognize individuals who have been performing meritor- ious service in behalf of the cause of civilian protection. On motion by Councilman Keeler , seconded by Councilman Griffin, it was unanimously RESOLVED, that pursuant to the New York State War Emergency Act , the following be and they hereby are appointed to the Town of Mamaroneck Tar Council: - Mrs. David C. Anchin, 4 Highwood Ave . , Town; Mrs. John T.T. Cooper , Larchmont Acres , Town. FURTHER, that before entering upon their duties , that they file a statutory oath of office with the Town Clerk. A letter dated April 14 , 1944, was received from the New York State Commission of Correction, Albany, N.Y. , with a report dated March 23 , 1944 of inspection of the Town Lockup attached, advising that said report has been approved. The letter and the report was ordered received and filed.. The following reports for the month of March , 1944, were re- ceived and ordered filed: Report of the Town Clerk; Report of the Mamaroneck Health Center: Report of the Westchester County Dog Pro- tective Association. Copies of a brief written report by the Supervisov of the operations for the first quarter of the year 1944 were handed out to the members of the Board for their records. The Supervisor asked if there was any one in the room who wished to appear befora the Board. Mr. Joseph Noto, 117 Nelson Avenue , Harrison, N.Y. asked permission to store some humus on a vacant lot owned by the Town at the corner of Maxwell and liadison Avenues. Following some discussion the Supervisor asked Councilman Stiner if he would kindly inspect the location to determine whether or not there would be any objection to granting such a permit. The Supervisor asked if there was any one else who wished to appear before the Board. There being no one , he suggested that the meeting proceed with reports of committees. On personnel, Councilman Stiner reported that Miss Connie S. Mondello has been notified by the State Civil Service Commission that there will be an examination for junior stenographer , and that Miss Mondello has arranged, to take this examination. He called to the at- tention of the Board that Miss Mondello is a provisional appointee and in passing the examination the appointment can become permanent. He reported that the work on the drain neat the corner of Cooper Lane and Falls Road was progressing quite well , although the workmen had run into a lot of rock. And that while this would increase the cost , he believed that everything would come out all right. Councilman Reeler handed out to the members of the Board copies of the report for the month of March, 1944, of the Fire Depart- ment. He informed the Board that he had gone over the annual report of the Fire Department very carefully and said he wished to point out a few items that he thought would be of interest to the members. That the report was submitted for the period, Feb. 15, 1943 to Feb. 15, 1944, That the fire losses estimated were $775.00. That there were 99 day fires with an average attendance of 13 men, and 56 night fires with an average attendance of 17 men. That there were 24 drills and 11 black- outs. In another report for the same period he pointed out that the pieces of apparatus are listed in detail showing the equipment to be at this time in excellent condition. Attached to this report were schedules of the Engine Equipment - Engine No. 1; Engine No. 2; Aerial Truck No. 1: Truck No. 2; and Patrol Truck. He also pointed out that at the conclusion of the report sincere thanks are expressed to the Supervisor , Town Council, officers of the Town, Police Department , officers and members of the personnel of the Fire Depar tment. He informed the Board that the annual benefit dance of the Fire Department would be held on May 27, 1944, and deserved the support of those interested in the Fire Department. Councilman Griffin presented and read the Annual Report of the Welfare Department for 1943. He presented the statement of claims audited and paid by the Comptroller from April 5 to April 20, 1944. He presented and read the statement of bank balances as of 9 A.M. April 20, 1944, showing a total on deposit in all funds of $511 ,824.70. He presented the following reports for the month of Prlarch , which were received and ordered filed: Supervisor ' s Report; Analysis of Budget Appropriations and Expenditures: Analysis of Estimated Re- venues; Summary of Receipts and Disbursements. Councilman Emhury stated that there was nothing in particular to report in regard to the Park Department. He called to the attention of the Board that there are now more than 1100 names on the Honor Poll and that soon there may be a problem about extending it. He read a letter received from Thomas Aitcrison, Jr. , which carried some humor on army life. The Supervisor asked if there were any further reports. Councilman Stiner stated that there were one or two things which he wanted to speak about. One was that he had read the Annual Report of the Fire Department with a great deal of interest , and while the Department is to be commended for the splendid work, he could not understand why the public could not give better cooperation. fie called to the attention of the Board the number of brush fires and asked if some publicity could be given and the public appealed to for their co- operation. The representative of the Daily Times was asked to assist. The Supervisor advised that the Highway Department was doing quite a lot to remove the fire hazards. Councilman Stiner recommended that the Supervisor appoint a committee to draft a resolution expressing to the members of the family of Frederic P. Simonds their sorrow upon the loss of Mr. Simonds by death. All of the members of the Board expressed their sorrow upon hearing of the sudden death of Major Simonds. The Supervisor appointed Councilman Stiner , Councilman Keeler and Town Clerk Payne to draft a suitable resolution and present same at the next meeting of the Board. The Town Attorney presented the following resolution, which was on motion by Councilman Embury , seconded by Councilman Griffin, upon roll call , unanimously adopted: WHEREAS , application has been made to the Town Board of the Town of Mamaroneck by FORDHAM TRANSIT CO. INC . for the operation of omnbuses over certain streets , avenues and highways in said Town; and WHEREAS , after due notice , a public hearing was held on said application to the said Toren Board on the lst day of March, 1944, at 6: 15 o'clock P.M NOW, THEREFORE , BE IT RESOLVED, that the Town Board of the Town of IJamaroneck, hereinafter called the Board , pursuant to the provisions of Sections 66 and 67 of the Transportation Corporations Law, consents that the said Fordham Transit Co. , Inc. hereinafter called the Company, subject to the provisions , conditions , requirements and limitations hereinafter set forth , may maintain and operate motorbuses and omnibuses for the transpoitation of passengers and property in, upon and along and across the following named streets , avenues , highways or portions thereof, in the Town of Mameroneck, as follows , to wit: BEGINNING at the westerly boundary line of the Town of Yamaroneck and the eastery boundary line of the City of Nero, Rochelle on the highway known as the Boston Post Road, thence easterly on said Boston Post Road approximately 1300 feet to the westerly boundary line of the Village of Larchmont (at or about Deane Place) And returning over the same streets , avenues and highways to the point or place of beginning. BEGINNING at the easterly boundary line of the Village of Larchmont on the highway known as the Boston Post Road, at or near Nassau Road, thence easterly approximately 2690 feet along the said Boston Post Road to the westerly boundary line of the Village of Mamaroneck And returning over the same streets , avenues and highways to the point or place of beginning, the same being part of a through route from the Town of Mamaroneck to the Westchester County Park reservation known as Playland. The company shall take out and at all times during the term of this consent , maintain, in full force and effect , public liability insurance satisfactory to the Town Board as to form and sufficiency, at least $50/100,000 for each bus, or provide self insurance or ox bonds or other assurance , in such amount and in such form as may be fixed or approved by the Public Service Commission or other public body upon which the power to regulate and presc-vibe in respect thereto is at present or may hereafter be conferred by the laws of the State of New York, and conditioned for the payment of all judgments that may be recovered by any person or persons on account of the operation by the company of its buses. Policies evidencing such insurance shall be exhibited to the Town on demand and certificates thereof shall be filed with the Town Clerk. 12. The company promises, covenants and agrees on its part and behalf to conform to and abide by and perform all of the terms, conditions and requirements in this consent fixed and contained, and the company hereby expressly waives any and all objections as to the reasonableness of legality of any of the provisions of this consent or any part thereof or as to any legal right or authority of the Town to impose any terms and conditions herein contained, and the company will not at any future time set up as against the Town the claim that any of the provisions of this consent are ultra vires , unreasonable or void. 13. 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 provisions of Sections 66 and 67 of the Tran- sportation Corporations Law of the State of New York and revocable by the Town according to the terms and conditions herein expressed. Attorney Delius presented the following resolution which was on motion by Councilman Griffin, seconded by Councilman Stiner , upon roll call , unanimously adopted: WHEREAS, the Village Board has approved and accepted an offer to purchase premises acquired by it as a result of foreclosure of tax liens or in lieu thereof, which premises are known as Sec- tion 9, Block 11 , Lots 21a, 21b, 20b and part of 20a, on the tax assessment map of the Village of Mamaroneck, and consist of stores on Halstead Avenue , which offer is made by Sydney Schwartzreich and is in the amount of $4,000; and WHEREAS , the purchaser is willing to purchase this property subject to an easement to be retained by the Village for a driveway for the benefit of ad- jacent property, also owned by the Village NOW, THEREFORE , BE IT RESOLVED, that the Town Board approves the offer to purchase the property known as Section 9 , Block 11 , Lots 21a, 21b, 20b, and part of 20a on the tax assessment map of the Village of Mamaroneek, for $4,000, upon condition that from the proceeds of sale , there be immediately paid, first - all taxes remaining due and unpaid and which have accrued since the acquisition of this property by the Village and that the balance then remaining of the proceeds , be apportioned between the Town and Village according to the amount of taxes outstanding and unpaid to each, as of the date of the acquisition of the pro- perty by the Village. FURTHER RESOLVED, that the following is a description of the property, the sale of which is hereby approved: All that lot or parcel of land in the Village of Mamaroneck, County of Westchester , State of New York, designated as Lot 2 and part of Lot 3 on map of lots belonging to the Estate of Belle W. Spencer , deceased, in the Village of Mamaroneck, Westchester Co. , N.Y. and filed in the office of the Register of Westchester County May 20 , 1904 as Map 1276 , and being more particularly bounded and described as follows: Beginning at a point on the southerly side of Halstead Avenue , S 39-34-55 w and distant 100.26 feet from the intersection of the southerly side of Halstead Avenue with the westerly side of 117ard Avenue , running thence S 46-18-55 E from said point along the easterly side of Lot 2, a distance of 136.14 feet, thence S 43-41-05 E 50.0 feet along the northerly side of Lot 19 , thence N 46-18-55 W through Lot 3 , a distance of 132.55 feet to the southerly side of Halstead Avenue , thence N 39-34-55 E along the southerly side of Halstead Avenue , a distance of 50.13 feet to the point or place of beginning. SUBJECT to easement of right of way for purpose of ingress and egress for benefit of property adjoining, over the following described portion of the property: Beginning at a point on the southerly side of Halstead Avenue , S 39-34-55 W and distant 150.39 feet from the intersection of the southerly side of Halstead Avenue with the westerly side of Ward Avenue , running thence N 39-34-55 E from said point along the southerly side of Halstead Avenue 9.02 feet , thence S 46-18-55 E through Lot 3 , a distance of 133.20 feet , thence S 43-41-05 W along the northerly side of Lot 19, a distance of 9.0, thence N 46-18-55 W through Lot 3 , a distance of 132. 55 feet to the southerly side of Halstead Avenue, the point or place of beginning. Attorney Delius recommended the following resolution which was on motion by Councilman heeler, seconded by Councilman Griffin, upon roll call, unanimously adopted: WHEREAS, at the annual sale of tax liens , held by the Supervisor on the 24th day of May, 1939 , Civic Investors Corporation duly purchased a tax lien in the amount of $759.65, affecting property in the Town of Mamaroneck, then designated as Sec- tion 8, Block 111, Lots 29 to 42 inclusive on the assessment map of the Town of Mamaroneck, and then assessed to Mahlstedt Materials , Inc. ; and WHEREAS, the premises subject to said tax lien are now owned by Joseph Pugliese who has furnished: (1) Satisfaction certificate signed by Civic In- vestors Corporation; (2) An affidavit of Anne Byrnes , verified February 16, 1944, stating that she is the assistant secretary of Civic Investors Corporation; that a notice to redeem was served on Mahlstedt Materials , Inc. on or about March 18, 1940; and that thereafter , the total amount of said lien was paid to Civic Investors Corporation and that it appears from the records of Civic Investors Corporation, that no assignment of said lien was ever delivered; (3) Affidavit of Joseph Pugliese, verified March 2, 1944, stating that he is the owner of the property, and agreeing to indemnify and hold the Town of Mamaroneck harmless from any loss which may be incurred by reason of any claim which may be made against it by the holder of the aforesaid lien; (4) Affidavit of Hunter Meighan, verified April 20 , 1944, from which it appears that due and diligent effort has been made to find the said transfer of tax lien, NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 54 of the Westchester County Tax Act, the Supervisor hereby is authorized and directed to deliver to Joseph Pugliese , a duplicate of tax lien No. 170 , sale of 1939 in the amount of $759.65, affecting premises known as Section 8 , BlockIll , Lots 29 to 42 inclusive on the tax assessment map of the Town of Mamaroneck, upon his furnishing a bond of indemnity in the amount of $1,000, executed by a Surety Company authorized to do business in this State , to protect the Town of Mamaroneck against loss which may be incurred by reason of any claim hereafter made against the Town by the holder of the aforesaid lien, such bond to be approved by the Town Attorney. The Town Attorney recommended the following resolution: WHEREAS, this Board heretofore and on the 13th of April, 1944, agreed in principal, to approve a contract between Miles Breger and the Village of Mamaroneck, upon the basis of a 10 year lease of the Hommocks Golf Course and Club House, with the contents thereof, and a sub- sequent purchase for the sum of $65,000 and further agreed to include in such contract , certain lots owned by the Town and acquired by it in foreclosure proceed- ings, which lots are known as Lots Nos. 16, 25, 26, 27, 28, 37, 38 and 39 on the Map of Eagle Hommocks , R.O. No. 3571, .all upon condition that the Village Board approve the aforesaid contract with Miles Breger; and WHEREAS, the Village Board of Mamaroneck, at a meet- ing held Monday, April 17th, 1944, rejected the con- tract as drawn by counsel and offered by Miles Breger; and WHEREAS , the Village Manager and the Mayor of the Vil- lage have appeared before this Board, with a contract signed by Estate Appraisal & Valuation Co. , Inc . , a corporation controlled by Miles Breger, which, though in substance similar to the contract previously sub- mitted, is modified so as to provide for an 11 year lease and a total purchase price of $73,000, and pro- vides that the sum of $10,000 be paid upon the sign- ing of the contract, $5,500 on the 1st days of March in the years 1945 and 1946 and the sum of $6, 500 on the 1st days of March in the years 1947 to 1954 inclusive and which further provides that Estate Appraisal-& Valuation Co. , Inc. , will, in addition thereto, pay fire insurance on the buildings and equipment and expend at least the Burn of $7,500 for maintenance and improvement , provided that 2 additional lots be included, i.e. Lots 33 and 34 on the Map of Eagle Hommocks, R.O. No. 3571; and WHEREAS, the contract as so modified and between Estate Appraisal & Valuation Co. , Inc. , and the Village and Town of Mamaroneck, was this day approved by the Board of Trustees of the Village of Mamaroneck and accepted and has been signed by the Village Manager, pursuant to authority contained in the resolution of the Board of Trustees of the Village of Mamaroneck NOW, THEREFORE , BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby approves the contract as so revised and modified between Estate Appraisal & Valuatioh Co. , Inc. , and Vil- lage and Town of Mamaroneck, as now submitted to it. FURTHER RESOLVED, that the Supervisor of the Town of Mamaroneck is hereby authorized to sign such con- tract on behalf of the Town and to deliver it to Estate Appraisal & Valuation Co. , Inc. , upon payment of the sum of $10,000. FURTHER RESOLVED, that the resolution heretofore adopted by this Board on April 13th , 1944, so far as the same is inconsistent with this resolution, is hereby modified or rescinded. On motion by Councilman Stiner, seconded by Councilman Keeler , the foregoing resolution was adopted by the following vote: AYES: Councilmen Keeler , Stiner , Griffin, Embury NOES: None NOT VOTING: Supervisor- Mandeville At 10:15 p.m. the Board unanimously resolved to adjourn, and it was agreed that the next meeting of the Town Board would be held on Tuesday, Yay 2 , 1944, in the r 9ular meeting roon,