HomeMy WebLinkAbout1943_12_28 Town Board Minutes f
STATUTORY AND SPECIAL MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NW7 YORK
HELD DECEMBER 28, 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: 15 p.m. (Eastern War Time) .
Present: Supervisor Mandeville
Councilmen Keeler , Stiner , Embury
Absent: Councilman Griffin
The presence was also noted of Town Clerk Payne , Attorney
Delius, Superintendent of Highways and Town Engineer Foote , Comp-
troller Orsino and Accountant Finson.
The Supervisor announced the purpose of the meeting and
presented his annual report of highway monies for the year 1943.
On motion by Councilman Keeler, seconded by Councilman
Stiner , upon roll call , it was unanimously
RESOLVED., that the Supervisor ' s annual report
of highway monies for the year 1943 be and it
hereby is approved.
On motion by Councilman Keeler, seconded by Councilman
Stiner, it was unanimously
RESOLVED, that the following bond, required
by the highway Law, is hereby approved:
Bond, Owen A. Mandeville , as Supervisor of the
Town of Mamaroneck, conditioned for the faithful
disbursement and safe keeping and accounting of
highway funds received by him as such Supervisor
during the year beginning January 1, 1944, pur-
suant to Section 283 of the Highway Law, upon which
the National Surety Corporation is surety , in the
penal sum of $2, 500.
The Supervisor suggested that if there was nothing more
in connection with the highway meeting that the Board proceed with
the regular order of business.
A letter dated December 27, 1943 , was received from Mr.
Dillon, Receiver of Taxes , in which he advised. that Mr. Leonard Wein,
through his attorney, Mr. 'William Brill , had offered to compromise
certain tax arrears on improved property knovrn as Block 925, Par-
cel 1. Copies of the tax bills were attached. Mr. Dillon did
not recommend a compromise.
The members of the Board discussed the matter and decided
to decline the offer.
A letter dated December 27 , 1943 , was received. from L?r.
Dillon, Receiver of Taxes , with a checl: attached in the amount of
$147.03 offered by Mrs. Fred Boehm, for the settlement of certain
taxes on vacant property known as Block 903 , Parcel 241 , on the
assessment map of the Town.
Following some discussion, it was on motion by Councilman
Embury , seconded by Councilman Stiner , upon roll call, 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 fol-
lowing described property , the liens for which are
held by the Town, at the face amount of the taxes:
State , county
Tax Sale town & district School
Block Parcel Year Year taxes
903 241 1940 1941 $ 24.03
1941 1942 25.33 21. 51
1942 1943 20.29 16.98
A note was received from Mr. Dillon, Receiver of Taxes ,
stating that Mr. Alan C. Abeel had contracted for the purchase of
that part of Parcel 318 , Block 121 , formerly known as Section 1 ,
Block 37B, Lot 72 , and that Mr. Abeel had requested settlement on
certain tax liens sold during the sale of 1943-
Following some discussion, it was on motion by Councilman
Embury , seconded by Councilman Keeler , upon roll call , unanimously
RESOLVED, that the Town of Mamaroneck hereby
agrees to accept in compromise of the following
taxes and/or tax liens , payable and owing to it ,
upon the plot formerly known as Section 1, Block
37B , Lot 72 , of Parcel 318, Block 121:
Year of Lev; Year of Sale Amount Tax
1942 1943 $19.30 Town
30.80 Special Assessments
7.96 School
the sum of $58.06
provided that the above amount , together with
the state , county , town and school taxes and
special assessments for the year 1943 with cur-
rent penalties , i.e.
State , county, town taxes 519.24
special assessments 29.
Penalty 4.88 $53.69
School Tax 8.02
Penalty 6 88
762.27_
are paid on or before January 1 , 1944.
A letter dated December 20 , 1943 , was received from
Major J. Wilson of The Salvation Army , Mount Vernon, New York, in
which he reported that 490 lbs. of old clothing was collected in
the Town during the National Clothing Drive.
The Town Clerk was requested to thank Major 1, Wilson for
his report and for the very fine cooperation given the residents
of the Town.
A letter dated December 27, 1943 , was received from Comp-
troller Orsino, in which he requested authorization to transfer cer-
tain monies within the 1943 Budget.
It was on motion by Councilman Fmbury, seconded by
Councilman Stiner, upon roll call , unanimously
RESOLVED, that the Comptroller and the Supervisor
be and they hereby are directed to make the follow-
ing transfers within the 1943 Budget:
General Town Miscellaneous Expenditures
From: Recreation Project $225.00
To: Legal Opinions , etc . $225.00
A report by Mr . A.J. Foote , secretary of the Examining
Board of Plumbers , was received stating at the Fifteenth regular
meeting of the Board had been held, on December 21 , 1943 at the
Town Yard and that no applicants appeared.
The report of the Westchester County Dog Protective
Association for the period November 16 to December 15, 1943 was re-
ceived.
The Town Clerk stated that he had examined with the
County Board of Elections the result of the vote on Proposition f1,
following the canvass of the soldiers' vote and that the result
remained the same as the preliminary report given on rovember 3,
1943. He advised that only two votes from Town residents were
received from over seas and that nothing appeared for or against
the Proposition.
He reported that the official canvass was 484, yes;
821, no; on the Proposition #1.
The Supervisor suggested that the meeting proceed with
reports of committees.
Councilman Stiner reported that 390 or 400 of the 500
catch basins had been cleaned and that a number of sewer lines
had been flushed.
Councilman Keeler presented the following public official
bonds which he and the Town Attorney had approved as to form. He
recommended their approval by the Board.
It was on motion by Councilman Stiner , seconded by
Councilman Embury, unanimously
RESOLVED, that the following bonds for elected
officials are hereby required pursuant to the
Town Law and approved as follows:
Bond, Owen A. prandeville , as Supervisor of the
Town of Mamaroneck, conditioned for the faithful
performance of his duties including the payment
of all school moneys, pursuant to Section 25 of
the Town Law, upon which the National Surety Cor-
poration is surety in the penal sum of $25,000;
Bond , Robert D. Payne , as Clerk of the Town of
Mamaroneck, conditioned for the faithful per-
formance of his duties including the depositing
of all funds or moneys of the Town, received by
him, pursuant to Section 25 of the Town Law, upon
which the National Surety Corporation is surety in
the penal sum of $1,000;
Bond, Charles M Baxter , Jr. , Justice of the Peace
of the Town of Mamaroneck, conditioned for the
faithful performance of his duties including the
depositing of all funds or moneys of the Town,
received by him, pursuant to Section 25 of the
Town Law, upon which the Sun Indemnity Company
is surety at an annual penalty of $1,000.
791
Councilman Embury stated that there was nothing to report
for his departments.
The Town Attorney recommended and Councilman Keeler in-
troduced the following resolution:
RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000.00 CEPTI-
FICATES OF INDEBTEDNESS OF THE TOWN OF MAMARONECK, IN THE COUNTY
OF WESTCHESTER, NEW YORK, IN ANTICIPATION OF THE RECEIPT OF TAXES
LEVIED FOR TOWN PURPOSES .
RESOLVED BY THE TOWN BOARD OF THE TOWN OF HAMkRONECK,
IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows :
Section 1. To provide a fund to be expended for
any of the purposes for which funds are appropriated
in the annual estimate of the Town for the fiscal
year beginning January 1 , 1944, the Supervisor is
hereby authorized to borrow the sun of $200 ,000.00
at one time , or from time to time as the money may
be needed , on the credit of the Town, in anticipation
of the receipt of taxes for said fiscal year applicable
to such purposes. The Supervisor shall issue a certi-
ficate , or certificates , of indebtedness in the name
of the Town in the principal amount of such loan or
loans pursuant to section 117 of the Town Law, con-
stituting Chapter 62 of the Consolidated Laws of
the State of New York, as amended.
Section 2. It is hereby determined and declared:
(a) The total amount of taxes estimated to be
levied in said Town for Town purposes for said fiscal
year , is $703,665.34 (exclusive of Judicial , hilitary,
County and Mamaroneck Valley Server Levies) .
(b) The total amount of said taxes outstanding and
-. uncollected, is $703 ,665.34.
(c) The Total amount heretofore borrowed and out-
standing in anticipation of the collection of said
taxes, is none.
Section 3. The following matters in connection with
said Certificates of Indebtedness are hereby determined:
Date: January 10 , 1944
Tdaturity: May 5, 1944
Denomination: To be determined by the Supervisor
Interest:rate : To be determined by the Supervisor ,
but not exceeding six percentum per
annum.
Numbers: To be determined by the Supervisor
norm: Substantially in accordance with re-
solution adopted January 4, 3939.
Said Certificates of Indebtedness shall be signed
by the Supervisor , countersigned by the Town Clerk and
shall have the Town seal affixed thereto. The Supervisor
is hereby authorized and directed to determine all matters
in connection therewith not determined by this or sub-
sequent resolution, and to sell said Certificates of In-
debtedness 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 Certificates of In-
debtedness to the date of delivery.
b
793
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
Certificates of Indebtedness and , unless otherwise
paid , or payment provided for , taxes shall be levied
on all the taxable property in said Town in an amount
sufficient to pay said principal and interest.
On motion by Mr. Keeler , seconded by Tar. Embury , the
foregoing resolution was adopted by the following vote:
ayes: Supervisor Mandeville
Councilmen Keeler , Stiner , Embury
noes:
It was on motion by Councilman Keeler, seconded by
Councilman Stiner , upon roll call, unanimously
RESOLVED, that the Supervisor be and hereby is
authorized to sign the following agreement:
AG=lv,,NT made this day of December, 1943, between
?Jlestchester Joint Water ?'forks No. 1, a corporation organized and
existing pursuant to Chapter 654 of the Laws of 1927, with its
principal office and place of business in the Village and Town of
Mamaroneck, "iestchester County , New York, hereinafter known as the
111TATER INORKS" ,
-and-
TORN OF MAT-iu1RONECK, a municipal corporation as defined
in the General Municipal Law of the State of New York, located in
the County of ?'Iestchester and State of New York, hereinafter known
as the °LtiNICIPALITY".
WHEREAS , said 1177ATER 77ORKS" is the successor of the
— New York Inter Urban later Company, and is controlled and operated
by the respective Towns of Harrison and Uamaroneck and the Village
of Uamaroneck, each of which is a municipal corporation located
,- York,the County of Westchester and State of Tdeu , hereinafter
known as "THE MUNICIPALITIES" , and the interest of each of said
"MUNICIPALITIES" in said TNATER 7TORKS11 , for the purposes herein
set forth, having been determined by the percentage of money each
of said 111,1i7NICIPALITIES" contributed to the whole fund required
by said "TTATER WORKS" after its organization; and
WHEREAS , the Town of Mamaroneck and others , as Plaintiffs ,
obtained a judgment against the NE[r1 YORE: INTER URBAN 14ATER COYPAT Y,
as Defendant , in the following entitled action:
"NEuf YORK SUPREME COURT
1117ESTCHESTER COUNTY
"T0 7N of Mamaroneck, Town of Harrison
Village of Mamaroneck, Village of Rye ,
Village of Pelham, George 1". Burton,
Benjamin I. Taylor , Sue Hunter, "falter E.
Bunnell, Thomas T. Hopper ,
Plaintiffs
-against-
"Netr! York Inter Urban 17ater Company ,
-- Defendant"
previous to the incorporation of the "WATER 71ORKS" , which judgment
was entered in the office of the Clerk of 77estchester County Octo-
ber 5th , 1925, which judgment was amended, pursuant to stipulation,
by an Order of 1,17 . Justice George H. Taylor , Jr. in said action on
the 15th day of November , 1927, and entered in the office of the
790
Clerk of the County of Westchester , copies of which Judgment , order ,
and Stipulation are hereto annexed and numbered "Exhibits A, B,
and C" respectively , due reference of which is made , and whidh are
made a part hereof as though copied herein in full; and
WHEREAS , said "WATER WORKS" referred to in said Judgment ,
Order and Stipulation as the Successor of said NEW YORK INTER URBAN
MATER COMPANY, and as such obtained from said New York Inter Urban
Water Company the sum of $86,073.68, of which sum there is in the
treasury and possession of said TTIATER WORKS" the sum of $25, 894.05,
$22 ,894.05 of which is in cash and on deposit in the bank and
$3 ,000.00 is in the form of three bonds of the Village of Mamaroneck,
in the denomination of 51 ,000.00 each , which said bonds will fall
due in them month of August , 1944 which sum of $25,894.05 is dormant and
, ,
WHEREAS , said cash and bonds remain dormant, against
which no demands for refunds or otherwise have been made for many
years , for which reason it is the intention of the WATER 'WORKS"
and the desire of "THE MUNICIPALITIES" that said sum of $25,894.05
be divided and paid into each of said "MUNICIPALITIES" in the
following amounts , equivalent to the percentage of their original
contributions to the said "WATER WORKS, to wit:
Village of Mamaroneck, 44.629%, being $11 , 556.25
Town of Mamaroneck, 25.495%, being 6,601.69
Torn of Harrison, 29.876% being 7 ,736.11;
NOW, THEREFORE , in consideration of the payment of the
said sum of $6,601.69 to the Town of Mamaroneck, New York, the
"MUNICIPALITY" , the receipt of which is hereby acknowledged, and
which said sum is accepted with the consent and approval of the
Town Board of the Town of Mamaroneck, New York, the "Municipality" ,
upon the same terms and conditions that said WATER WORKS" originally
received the same , under and pursuant to the terms and provisions
of said Judgment , Order and Stipulation above-mentioned and re-
ferred to as "Exhibits A , B and C'' , attached hereto, the Town of
Mamaroneck, the "MUNICIPALITY" , will at all times and under all
conditions , whenever called upon by the "WATER WORKS" , protect
and save the WATER WORKS" , its Successor or Successors, from
all or any claims or demands whatsoever and whensoever made , for
all or any part of said sun of $6 ,601.69 , but only to the extent
of 25.495 per cent of the whole , it being agreed and understood
that the "WATER WORKS" will look to the other municipalities for
its further protection to the extent of, and in proportion to,
the percentage that each receives of said sum of $25, 894.05;
And it is further agreed and understood that the
WATER WORKS" will, as soon as possible , advise each of the
"MUNICIPALITIES" , by a communication in writing, of any claim or
claims made against said fund, as a whole or any part or portion
thereof.
IN WITNESS' THEREOF, said WESTCHESTER JOINT WATER WORKS
NO. 1 has caused these presents to be signed by the Chairman of
its Board of Trustees , and its corporate seal attached hereto by
its Clerk, the day of December , 1943; and the TOWN OF MAMARO-
NECK, NEW YORK, has caused these presents to be signed by its
Supervisor , and its corporate seal to be attached hereto by the
Clerk of the Town of Mamaroneck, the day of December , 1943.
WESTCHESTER JOINT WATER WORKS NO. 1
By: ( signed) Benjamin I. Taylor
Chairman, Board of Trustees
ATTEST:
(signed) William E. Thrasher
Clerk
TOWN OF MAMARONECK,
By (signed) Owen A. Mandeville
Supervisor
AT-EST:
(signed) Robert D. Payne
Town Clerk
1
A letter dated December 24, 1943 , was received from
Emanuel Gurdin, attorney , representing the Fordhan Transit Co. ,
requesting on behalf of this client a public hearing on an appli-
cation for consent to operate buses along Boston Post Road through
the Town of Mamaroneck. Such route to be part of a through route
from Fordham to Playland.
Following some discussion the matter was laid over until
a meeting in the early part of the coming year.
The Town Attorney asked the members of the Board if they
wished him to move to confirm the decision of the referee in the
certiorari proceedings brought to review the assessment on the
Alden House Apartments. He stated that the referee decided upon
a 8306 ,537 valuation for 1941 and $298,650 valuation for 1942 and
that the opposition. was asking for a full reduction of $200 ,000
for each year.
The Board decided to instruct the Town Attorney to move
that the Supreme Court confirm the referee ' s report.
Councilman Keeler complimented Attorney Delius for his
fine work in this case and stated that he went over the testimony
and if anyone who understands building could see the testimony
they could see that this case was handled very well and that Mr.
Delius deserved a lot of credit .
Attorney Delius reported that on his recent trip to
Albany he had talked with State Commissioner of Public Works Sells
about the alternate route suggested by the Town for the proposed
highway along the Pelham Portchester right-of-way , and that Mr.
Sells advised that the State could not be committed on a large
amount of money for an alternate route.
During the discussion wlhich followed, the Supervisor
stated that he would be very glad to go to Albany with the committee
which was aprointed at an earlier meeting. He added that this pro-
ject was among other projects being planned for the postwar period.
The Town Attorney also reported that he had discussed with
Mr. Sells the allocation of $1046.00 for engineering costs for plans
for the post-war projects for redurfacing streets in the gown, and
that he was advised that the Town could credit to its share of the
cost of engineering costs out of the Town Engineer' s budget for
this work.
Councilman Keeler stated that this being the case the Town
could sign the papers . He asked Town Engineer. Foote how much more
it would require in money to complete the plans.
Mr. Foote advised that $600 or 8700 more out of his budget
would complete the work.
Following some discussion, it was on motion by Councilman
Stiner , seconded by Councilman Embury , upon roll call , unanimously
RESOLVED, that the Supervisor be and he hereby is
authorized to sign the papers furnished by the
New York State Postwar Public !"orks Planning
Commission, for the completion of the plans for
the projects known as #213 - Resurface roads:
_ and #214 - Rebuild Roads, Town of Iamaroneck,
New York.
Mr. Leo Orsino, Deputy Receiver of Taxes , reported that a
letter had been received from Village manager Johnson, returning the
liens covering Section 9 , Block 51 , Lot 8 (new number Block 912 ,
Parcel 5) and a re-assignment of said liens to the Town, together
with a check for $3 ,805.24 which is a cashier ' s check of the Rye
Trust Company drawn to the order of Samuel Fega , endorsed by him and
endorsed to the Town of Mamaroneck by Augusta Fega , and a letter from
Benjamin Vandroff, stating that he is the attorney for Mr. and Mrs.
Fega and requesting that the liens be assigned to Augusta Fega.
Upon motion inade by Councilman Keeler , seconded by Council-
man Fmbury, it was
RESOLVED , that the resolution heretofore adopted
by this Board on November 3, 1943 , providing for
the assignment of tax liens upon the property known
as Section 9 , Block 51, Lot 8 (new number Block 912 ,
Parcel 5) , is hereby rescinded.
FURTHER RESOLVED, that the resolution heretofore
adopted by this Board on December 15, 1943 ,
authorizing the Receiver of Taxes to accept
in payment of the liens sold to the Town at
the sales of 1939 to 1943 inclusive and cover-
ing the premises aforesaid , in the sum of
$3, 805.24, is hereby modified so as to authorize
the Receiver of Taxes , upon receipt of said sum
of $3,805.24 as provided in said resolution, to
execute and deliver to Augusta Fega, an assign-
ment covering liens sold to and now held by the
Town.
The Supervisor presented and read the following letter:
BOARD OF POLICE COh :ISSIONERS
TOITTN OF YAM ROT7CK
December 20, 1943
Owen A. Mandeville , Esq. , Supervisor
Town of Yamaroneck
Westchester County , New York
Sir :
Upon the request of the police force , and after
careful consideration of circumstances prevailing in sur-
rounding towns , it was the conclusion of the Board of
Police Commissioners at a meeting held. on Sunday , De-
cember 19 , 1943 , that a temporary increase in the wage
scale of the police force is fully justified.
Accordingly , upon motion duly seconded and carried,
the Board of Police Commissioners recommended to the Town
Board a temporary 5% "living cost bonus" , to the entire
force , based upon existing payroll for the year 1944: to
be paid in such manner as the Town Board may decide.
It is our understanding that it is our belief that
funds may be made available for the purpose through the
unappropriated contigent fund available to the Town Board,
or otherwise.
-- Assuming that the Town Board is favorably disposed,
may I suggest that it would be in keeping with the pre-
sent season to effect this change before the first of
the year , in order that the information may be conveyed to
the force during the coming, Christmas creek.
Respectfully submitted,
(signed) Victor F. Stempf
Secretary
Following some discussion, action was deferred until the
organization meeting of the Toxin Board to be held January 5, 1944.
- The Supervisor advised that it was necessary for Accountant
Finson to accompany the Town Attorney on the trip to Albany and that
he recommended that Mr. Finson' s expenses be paid.
It was on motion by Councilman Stiner , seconded by Council-
man Embury, unanimously
RESOLVED , that Accountant Finson be reimbursed
to the extent of $11 .81 for his expenses on the
trip to Albany , on December 16 , 1943 to represent
the Town in matters for the Town ciith the State of
New York. Said amount to be paid out of the item
for traveling expenses , Department of Supervisor.
The Supervisor informed the Board that $59.79 had been
received as the eighth dividend upon the Town ' s claim against the
National Surety Corporation, rising out of the Lanza defalcation.
At 10:30 p.m. the Board unanimously resolved to adjourn.
Town Clerk