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HomeMy WebLinkAbout1940_05_15 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, NEW YORK HELD MAY 15; 1940 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N'. Y. The meeting was called to order by Supervisor McCulloch at 8 P . M. '- Present: Supervisor KcCulloch Councilmen Bates, Griffin, Mandeville, Mieginniss Absent: None The presence was also noted of Town Clerk Payne, Town Attor- ney Delius, Assessor Smith and Town Engineer Foote . The minutes of the meetings of April 27 and May 1, 1940, were presented and the Board recommended certain corrections. On motion made by Councilman PiIeginniss and seconded by Councilman Mandeville, it was unanimously RESOLVED, that the resolution adopted by the Board on May 1, 1940, appropriating $1,500 for extraordinary repairs to highways be rescinded; and be it FURTHER RESOLVED, that the sum of rnl,b00 be transferred from the budget appropriation for Garbage District No. 1 to the Shade Tree Fund, such appropriation to be used for the repair of damage to trees along the highways in the Town of Mamaroneck caused by the sleet storm on March 4, 1940, The Supervisor asked the Town Clerk to read the communi- cations. A letter dated May 14, 1940 was received from Angelo Fraioli requesting permission to pay certain tax arrears at a reduced rate of interest. Following some discussion, on motion by Councilman Mandeville , seconded by Councilman Griffin, it was 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 Section S. Block 79, Lots 22 and 23, the liens for which are held by the Town, in the face amount of the liens plus interest computed at 6 per cent per annum, provided payment is made within thirty days: Tax Sale Amount of Year Year Lien 1937 1938 $n 35.51 1938 1939 38. 53 A letter dated April 26, 1940 was received from Mapes & Raynor, attorneys representing the Pinebrook Syndicate , Inc. , stating that the Village of Larchmont had settled certain tax arrears on the following described property by cancelling all interest and penalties and reducing the basic tax one-half: Section 6 , Block 33, Lots 1 to 4 inclusive; Section 6, Block 33, Lot 7a; Section 6, Block 32, Lots 26 and 27; and Section 6, Block 32, Lots 28 and 29. They asked the Town Board to compromise tax arrears on the same basis. Following deliberation the Board declined the application to settle on the basis mentioned. The following reports were received and filed: (1) Report of the Receiver of Taxes for the month of April 1940; ( 2) Report of the Town Clerk for the month of April, 1940; ( 31 Report of the Mamaro- neck Health Center for the month of April, 1940. Councilman Mandeville reported that the Highway Department had completed the work of cleaning the streets and the catch basins. Councilman Mandeville moved and Councilman Bates seconded the following resolution: Councilman Bates reported that obstructions had been cleared from the drain near Thompson Street. The Supervisor called to the attention of Councilman Bates the condition of the drain on the south side of the Boston Post Road opposite Bassi Freres. Councilman Bates advised that he would inspect the same with Engineer Foote . Councilman Griffin reported that he had attended the meeting of the Board of Park Commissioners the previous evening and, as in- structed, had notified them to proceed with the tree work. He pointed out that the appropriation was a great deal less than the Village of Larchmont was spending for the same work. He stated that the department was not contemplating any planting or extra work; also that the usual work was being done on the islands along Murray Avenue . He presented the full report of the Welfare Department for the month of April, 1940 and stated that he did not think it ne- cessary to read same as he had presented a preliminary report at the last meeting. Councilman Griffin presented a petition dated May 15, 1940, received from the Assessor for the correction of the assessment roll. On motion by Councilman Griffin, seconded by Councilman Bates, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented a petition dated May 15, 1940, for the correction of the assessment roll ror the year 1935, taxes of 1931 , pursuant to the provisions of Section 33 of CYhap- ter 105 of the Laws of 1916, as amended, known as the Westchester County Tax Act; and RESOLVED; that the following claims filed with the Comptroller, other than payroll, which are chargeable against the Highway Budget of 1940, are audited and payment thereof approved: Item Warrant No. No. Claimant Amount 1 23 Payroll 24 The New Haven Trap Rock Company 24.61 25 Westchester Asphalt Dist . Corp. 200.38 26 Walter M. Baxter Co. , Inc. 22. 05 27 IN. P. A. Fund 12. 05 28 Westchester Colprovia Corp. 15.17 3 63 Payroll 64 Walter M. Baxter Co . , Inc. 4.41 65 W. P. A. Fund 64. 55 66 Globe Motorists Supply Co. 12. 00 67 A. Weidenhamer 10.50 68 Goodliffe Bros . , Inc . 11.76 69 Henigson' s, Inc . 2.45 70 Westchester Lighting Co. 8.54 4 63 Payroll _ 64 Payroll 65 Henigson' s, Inc . 3.53 Councilman Bates reported that obstructions had been cleared from the drain near Thompson Street. The Supervisor called to the attention of Councilman Bates the condition of the drain on the south side of the Boston Post Road opposite Bassi Freres. Councilman Bates advised that he would inspect the same with Engineer Foote . Councilman Griffin reported that he had attended the meeting of the Board of Park Commissioners the previous evening and, as in- structed, had notified them to proceed with the tree work. He pointed out that the appropriation was a great deal less than the Village of Larchmont was spending for the same work. He stated that the department was not contemplating any planting or extra work; also that the usual work was being done on the islands along Murray Avenue . He presented the full report of the Welfare Department for the month of April, 1940 and stated that he did not think it ne- cessary to read same as he had presented a preliminary report at the last meeting. Councilman Griffin presented a petition dated May 15, 1940, received from the Assessor for the correction of the assessment roll. On motion by Councilman Griffin, seconded by Councilman Bates, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented a petition dated May 15, 1940, for the correction of the assessment roll ror the year 1935, taxes of 1931 , pursuant to the provisions of Section 33 of Chap- ter 105 of the Laws of 1916, as amended, known as the Westchester County Tax Act; and WHEREAS, after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll for the year 1935, taxes of 1936, which shows property now appearing on the roll as follows: Section Block Lot Owner 1 63 1 to 3 Euclid Brondoli be corrected as follows, in accordance with the provisions of Section 33, for the reason that the property was erroneously assessed: Section Block Lot Owner 1 63 1 Euclid Brondoli Councilman Nieginniss presented the following financial reports which were ordered riled: (1 ) Statement of Estimated Revenues for the period January 1 to April 30, 1940; (2) State- ment of Budget Appropriations and Expenditures for the period January 1 to April 30, 1940 (3) Summary of Receipts and Disburse- ments for the period January 1 to April 30, 1940; and (4) Schedule of W. P. A. Projects Now Working as of May 13, 1940. Councilman iV:eginniss also presented the annual financial statement of the Town of Mamaroneck for the year 1939, as prepared by Glick--Freedman, the Town auditors. The statement was ordered filed. Town Attorney Delius presented a general release made to Hiram Schwarz of White Plains for the settlement for damage to a town-owned truck. Mr. Delius explained that George Osborne was operating the town truck on April 24, 1940 when an accident occurred, that the repairs for the damage was estimated to be $29 . 25 and that Mr. Schwarz had offered to pay the full amount . He recommended that the Supervisor be authorized to sign the release . On motion by Councilman Griffin, seconded by Councilman Bates, upon roll call, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to sign the general release made to Hiram Schwarz for the settlement of the town' s claim for damages in the amount of $29.25. Town Attorney Delius reported that he had received a tele- phone call from Austin K. Griffen, attorney for Mr. William Hall, concerning the action pending on the riding academy situated on the Hall property on Old White Plains Road. He said that Mr. Griffin had offered to remove the tenant from the property by or before July 1, 1940, this to be done with the understanding that following the removal of the tenant the action be discontinued. On motion duly made and seconded Town Attorney Delius was authorized to sign a stipulation to the effect that the above arrange- ment is agreed upon. The Supervisor asked if there wasany one present who wished to address the Board. Mr. G. Y. Fenton, President of the Howell Park Association, appeared and stated that representatives of the association had taken up the question concerning the "Chapel Property" with the trustees for the property and that the association was prepared to secure the deed and deliver same to the Town Board, providing the Town Would accept same and use the property for park purposes. Supervisor McCullocn informed Mr. Fenton that he nad talked with Mr. Cnas. H. Sells , Commissioner of Public Works of Westchester County, about the possibility of getting the State Highway Department to take over the entire parcel while acquiring that part which is ne- cessary to complete the Weaver Street right-of-way. He said that he thought that there was a good chance that it would go through, as the price for the whole parcel was not greater than tnat asked for the takings for highway purposes .He added that he did not think that the State or County would maintain the property as a park if the pur- chase was made . He pointed out, for example , the islands along Murray Avenue which are on a County highway and maintained by the Town. Councilman Meginniss inquired if it was not true that the vendors had been removed from the lot . Mr. Fenton stated that there was a much better condition there at the present . Councilman Meginniss stated that he was not in favor of taking the property over as it would cost a great deal to maintain it; also that there were other objectionable spots in the community and that it might result in the Town' s getting into quite a large project. He added that there was some reaction on it already. Mr. Fenton referred to the school, state and county taxes which he said had to be paid by the Town and that this expense could be eliminated by the Town's taking the property. Councilman Griffin stated that in the end it would mean more expense to the Park Department . He referred to the budget hearing last year and said that he did not think that the people would stand for a raise in the budget for the Park Department next year. Mr. Fenton stated that the association had offered to beautify the property and that they have a promise of money, as there are four clubs interested in the project . He said that he could not determine the amount until their committee held a meeting. Following further discussion the members of the Board asked I,'ir. Fenton to take the matter up with his committee and bring in some definite proposition to the effect that they would beautify the property and guarantee the Town against cost for maintenance should the Town accept the deed. Martin E . King, Esq. , attorney for Johnethel Realty Corpora- tion and John J. Murdock, appeared and stated that his clients were willing to settle various certiorari proceedings pending on their behalf for the years 1935 (tax of 1936) to 1939 (tax of 1940) inclu- sive , on the basis of certain figures heretofore proposed as a basis of settlement by this Board, which however, at that time, were condi- tioned upon his clients' developing certain parts of the property by the building of streets , sewers, drains and houses and he stated that since the development had not materialized, he desired to con- clude the settlement on the basis of the figures heretofore proposed without any conditions, and upon the further condition that the penal- ties upon taxes for the year 1939 (assessment of 1938 ) as had not been paid and were now included in the 194U tax lien sale advertised for May 22nd, 1940, be waived and cancelled. Upon motion made by Councilman Mandeville , and seconded by Councilman Griffin, the following resolutions were adopted- WHEREAS, the following certiorari proceedings are now pending on behalf of Johnethel Realty Corporation and John J. Murdock, viz: Relator Johnethel Realty Corp. Year of Year of Assessment Tax 1935 1936 Sec . Blk. Lot (3 21) (8 47B ) 3 3 1 3 15A 1 3 4 1 Y4 t I WHEREAS, the Town Attorney and Assessor have hereto- fore recommended to this Board that these proceedings be settled and discontinued upon reduction of certain of the assessed valuations as hereinafter more fully stated, NOW, THEREFORE, BE IT RESOLVED, that the assessments upon the properties owned by Johnethel Realty Corporation for the several years in which writs of certiorari were obtained to review the said assessments, be reduced as follows : Year of Year of Relator Assessment Tax Sec . Blk. Lots Johnethel Realty Corp. 1936 1937 3 3 3 3 3 1 3 15A 1 3 4 1 Johnethel Realty Corp. 1937 1938 (3 3 1,3 ) (3 4 1) 3 15A 1 Johnethel Realty Corp. 1938 1939 (3 3 113 ) (3 4 1) 3 14C 3 15A 2 3 15A 3 3 15A 4 3 15A 7 (3 21 ) (3 23 ) (8 47B) (8 63 1 ) (8 55 26 ) Johnethel Realty Corp. 1939 1940 (3 3 1,3) (3 4 1 ) 3 14C 3 15A 2 3 15A 3 3 15A 4 3 15A 7 (3 21 ) (3 23 ) (8 47B) (8 63 1) (8 55 26 ) John J. Murdock 1936 1937 7 21 6C,7A 7 21 3D 7 21 3A John J. Murdock 1937 1938 3 12A John J. Murdock 1938 1939 3 12A; and WHEREAS, a return to the various writs obtained by the relator in these proceedings was duly filed by the Assessor and the Board of Review and no further proceedings have been taken in any of the above certiorari proceedings; and WHEREAS, the Town Attorney and Assessor have hereto- fore recommended to this Board that these proceedings be settled and discontinued upon reduction of certain of the assessed valuations as hereinafter more fully stated, NOW, THEREFORE, BE IT RESOLVED, that the assessments upon the properties owned by Johnethel Realty Corporation for the several years in which writs of certiorari were obtained to review the said assessments, be reduced as follows ; FURTHRER RESOLVED that the Town Attorney is authorized to enter into the necessary stipulation with the attorney for the relators in all of the above entitled certiorari proceedings so as to effect the reduction in assessed valuation as indicated and permit the relators to obtain refunds of any excess of taxes paid, Assessment for 1935 for 1936 Taxes From To Sec . Blk. Lot Land Building Total Land Building Total 3 21 ) 8 47B) $ 19, 000 - 919, 000 $ 18,600 - $ 182600 3 15A 1 1801000 1,500 181,500 178,515 5 1,500 180, 015 I Assessment of 1936 for 1937 Taxes 3 15A 1 0180, 000 6 1,500 $181,500 $178,515 $ 12500 1801015 Assessment of 1937 for 1938 Taxes 13 3 4 1) $195,250 $ 3,500 $1981750 ? 167,600 $ 3,500 171,100 3 15A 1 2680000 12500 2695500 178$ 15 11500 180, 015 Assessment of 1938 for 1939 Taxes 3 3 1, 3) 3 4 1 ) $ 195,250 3,500 X198,750 167, 600 3,500 171,100 3 14C 14, 000 - 142000 11,600 - 11,600 3 15A 2 705000 - 705000 453680 - 452580 3 15A 3 901000 - 905000 672720 - 67,720 3 15A 4 361500 - 361500 201355 - 20, 355 3 15A 7 713500 1,500 73, 000 44,760 1,500 46,260 13 21 ) 3 23 ) 22, 000 - 22, 000 18,600 - 18,600 8 47B ) 8 63 1) 8 55 26) 105000 - 10, 000 6,128 - 6,128 Assessment of 1939 for 1940 Taxes 3 3 1,3) 1905250 3,500 193,750 1661600 3,500 170,100 3 4 1) 3 14C 145000 - 14,000 111600 - 11, 600 3 15A 2 70, 000 - 70,000 45, 680 - 45, 680 3 15A 3 901000 - 905000 675720 - 671720 3 15A 4 36,500 - 36,500 203355 - 20, 355 3 15A 7 71,500 1$ 00 73, 000 442760 15500 469260 3 21 ) 3 23 ) 221000 - 22, 000 18,600 - 189600 8 47B) 8 63 1) 8 55 26 ) 103000 - 10,000 6,128 - 6,128 FURTRER RESOLVED that the Town Attorney is authorized to enter into the necessary stipulation with the attorney for the relators in all of the above entitled certiorari proceedings so as to effect the reduction in assessed valuation as indicated and permit the relators to obtain refunds of any excess of taxes paid, including the excess 1939 taxes upon the 1938 assessment, to be paid by the relator in accordance with the next succeeding paragraph, due to such re- duction in assessed value and the discontinuance of all the certiorari proceedings now pending on behalf of Johnethel Realty Corporation and John J. Murdock for the years 1939 (1936 tax) to 1939 (1940 tax) inclusive, without costs to the Town of Mamaroneck; and it is FURTFE RESOLVED that the penalties upon the 1939 taxes, based upon the 1938 assessment, on certain properties owned by Johnethel Realty Corporation which now amount to 12%, be cancelled pursuant to the authority granted to this Board by Chapter 620 of the Laws of 1940, provided that such taxes are paid prior to the date of the sale of tax liens in which sale they have been included, together with the sum of 75 , the cost of the advertisement, for each parcel, the amount of such taxes so to be paid, being as follows: 1938 assess- 1938 assess- Adver- ment for ment for 1939 tise- Sec" B"lk. Lot 1939 taxes school taxes ment Total 3 14C $ 269.58 $ 144.32 75 , 414. 65 3 15A 2 1, 377.71 721.60 75¢ 2,100. 06 3 15A 3 10733.01 927 .77 75 25661.53 3 15A 4 702 .83 376 .26 75, 1, 079. 84 3 15A 7 13405. 67 752.52 75d 2,158. 94 3 21 ) 3 23 ) 423.63 226. 79 75d 651.17 8 47B) 8 63 1) 8 55 26 ) 110. 47 103.09 75 214. 31 6, 022.90 $3, 252.35 $5.25 9,280.50 The Supervisor stated that it would be in order for the Board to appoint the members of the Board of Review for the year 1940. He suggested that it might be well to have each section re- presented. He offered the name of Munroe Stiner from the Village of Mamaroneck. Councilman Griffin offered the names of Donald K. Dobbs from the Village of Larchmont and Percy M. Bibas from the unincor- porated section. Councilman Meginniss offered the name of Thomas Morrison from the Village of Larchmont . The Board was unanimous in selecting Mr. Stiner to re- present the Village of Mamaroneck and Mr. Bibas to represent the unincorporated section. The vote for the representative from the Village of Larchmont section was as follows- Councilman Bates, Griffin and Mandeville for Donald K. Dobbs, and the Supervisor and Councilman Meginniss for Thomas Morrison. Following the selections made, it was on motion duly made and seconded unanimously RESOLVED, that Messrs. Munroe Stiner, Percy T4. Bibas and Donald K. Dobbs be and they hereby are appointed members of the Board of Review to serve at the pleasure of the Town Board at the amount fixed in the 1940 budget. The Supervisor stated that it would be in order to appoint a member to the Zoning Board of Appeals to fill the vacancy created by the retirement of 14r. Charles F. Mink. }i, s. Councilman Meginniss offered the name of blir. F. D. Armstrong. Councilman Mandeville offered the name of Mr. Clarence DeWitt Rogers, Jr. The vote for the member of the Zoning Board of Appeals resulted as follows: Supervisor McCulloch and Councilman Aleginniss for Mr. Armstrong, and Councilmen Mandeville , Bates and Griffin for Mr. Rogers. Following the selection of' Mr. Rogers, it was on motion by Councilman Mandeville, seconded by Councilman Griffin, unanimously RESOLVED, that Mr. Clarence DeWitt Rogers, Jr. be and he hereby is appointed a member of the Zoning Board of Appeals for a term of office of five years, expiring February 19, 1945 The Supervisor presented the following 71. P. A. project for the consideration of the Board, and stated that following con- sultation with the village of Mamaroneck officials, it had been necessary to change the figures in the project proposal which had been presented to the Board on April 17, 1940. On motion duly made and seconded, the Board rescinded the action taken on April 17, 1940. Upon motion by Councilman Bates, seconded by Councilman Griffin, it was upon roll call (the Supervisor not voting) unani- mously RESOLVED, that the Supervisor be and he hereby is authorized to sign the following W. P. A. project proposal: Fenimore Road Improvement and Bridge Village of Tdamaroneck) Total estimated cost $ 89,151. 00 Total estimated Federal contribution 583553. 00 Total estimated Sponsor' s contribution 30,598.00 Approximate cost to Town 180000. 00 FURTIE R RESOLVED, that if and when the above project proposal receives the approval of the Federal - Govern-ment, the same be re-submitted to the Town Board for final action before work is started. At 10: 45 P . M. the Board unanimously resolved to adjourn.