HomeMy WebLinkAbout1941_01_22 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
FIELD JANUARY 22, 1941
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y.
at 8 P. M.
The meeting was called to order by Supervisor McCulloch
Present: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville
Absent: Councilman Meginniss
The presence was also noted of Town Clerk Payne, Town
Attorney Delius, Comptroller Luceno, Assessor Smith and Town Engineer
Foote.
The minutes of the meetings of November 23, November 26
and November 28, 1940, were approved as presented.
The Supervisor asked if there was any one present who
wished to address the Board.
Mrs . George H. Moore appeared and requested that the assess-
ment covering improvements on Section 9, Block 41, Lot 4 be removed
from the 1940 roll. She explained that a lunch wagon owned by others
was removed from the property when they ceased to be tenants .
Following some discussion, it was decided to refer the
matter to Attorney Delius and Assessor Smith for study and report
at the next meeting of the Board.
Mr. Frank R. Richelson appeared on behalf of Brittany
Homes, Inc. and the Hillandale Realty Company, Inc. to request that
the Board consider a settlement on certain tax arrears on property
owned by the companies, namely, Section 9, Block 8, Lots 12, 13 and
14a; and Section 9, Block 8, Lots 14b, 15 and 16. He stated that
plans had been prepared to improve a portion of the property with
dwellings .
Following some discussion Councilman Mandeville suggested
that Mr. Richelson present a. full statement of village and town
tax arrears on the property to the Supervisor for study and that the
Supervisor be authorized by the Board to arrange a settlement .
On lotion by Councilman Mandeville, seconded by Councilman
Griffin, on roll call, it was unanimously
RESOLVED, that the Supervisor be and he hereby
is authorized to arrange a settlement, if possible,
on tax arrears on the above described property.
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 .
Councilman Mandeville presented to the Board the annual
agreement for the expenditure of highway :monies for the year 1941
The expenditures as agreed upon are as follows :
Average per mile, 8803 .45 for 25 .29 miles . . . . . . ..$20019.25
Reserve fund. . . . . . . . . . . . . . . . . . . . 2,499.94
. . . . . . . . . . . . . . . .
Payment of orders 1dos . 1 to 2 inclusive 1. 642.35
for expenses incurred and paid from
the lst day of January to date of )))
this agreement, shown separately
items 1 and 2, which should not ex-
ceed balance from previous year.
Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :23,461.54
M
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was on roll call unanimously
RESOLVED that the Annual Agreement for the
Expenditure of Highway Lonies for the Year
1941 be and it hereby is approved.
The Board thereupon signed the agreement.
Councilman Bates reported that the construction of storm
water drains in the Larchmont Ridge Section was progressing as well
as could be expected in winter weather.
Councilman Griffin reported that the Park Commission had
selected Mr. C. Stewart Comeaux as Chairman, David A. Embury as Vice
Chairman and Mrs . Elizabeth Lawton as Secretary of the Board of Park
Commissioners of the Town.
He also reported that the Boy Scouts had requested permission
to erect a structure on park property for the Annual Boy Scout Week.
He asked if there was any objection to the Park Department granting
such a permit.
The members of the Board went on record in favor of the
request and directed the Town Clerk to contact the Towns insurance
-broiler regarding the question of protection to the Town.
Councilman Griffin presented six petitions received from
the Assessor for the correction of the assessment roll so as to permit
the apportionment of taxes .
On motion by Councilman Griffin, seconded by Councilman
Bates, the following resolution was upon roll call unanimously
adopted:
WHEREAS, the Assessor has presented petitions for
the correction of the assessment rolls for the years
1939 and 1940, taxes of 1940 and 1941, pursuant to
- the provisions of Section 33 of Chapter 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 petitions for the correction
of said assessment roll;
NOW, THEREFORE, BE IT
RESOLVED, that the a
taxes of 1941, which
the roll as follows :
Section Block Lot
2 26 1 to 4 Colrex
(219-289)
Assessment roll for the year 1940,
shows property now appearing on
Owner Land Imp• Total
Realty Company $3,000 6,250 91250
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33 :
Section Block Lot
Owner
2 26 31 4 Corn Exchange Bank &
(219-300) Trust Company
2 26 1, 2 Colrex Realty Company
(219-289)
Land Imp. Total
$1,800 61250 8,050
1,200
1,200
FURTHER RESOLVED, that the assessment roll for the
year 1940, taxes of 1941, which shows property
now appearing on the roll as follows :
Section Block Lot Owner Land Imp• Total
2 53 17 to 22
(217-488) Idichel Erceg $5,700 $5700
0
be corrected as follovus, in accordance with the
provisions of sub-division 5 of Section 33;
Section
Block Lot
Owner
Land
Imp.
Total
Section
2
53 17,18,19
Henry W. Weir & Wife
$2,850
$
2,850
41A 15 (412-134)
(217-488)
5,000
53000
2
53 20,21,22
Michel Erceg
21850
21850
-division 5 of Section
(217-495)
Section
Block Lot
Owner
FURTHER RESOLVED,
that the assessment
roll for
the
41A 15A 412-191)
H. J. Kennedy
year 1940, taxes
of 1941, which shows
property
4
41A 16 412-183)
_.._
now appearing
on the roll as follows:
900
4
41A 17 412-175
Section
Block Lot
Owner
Land
Imp.
Total
it 11
3
4 1 (304-1)
Johnethel Realty Corp.
$160,600
3,1+00
164,000
3
3 1, 3
650
4
41A 20 -152
It r,
600
be corrected
as follows, in accordance
with the
((412
41A 15B 412-196
" ° (10-ft , strip)
200
provisions of
sub-division 5 of Section
33 :
41A X (412-143)
" n
Section
Block Lot
Oviner
Land
Imp.
Total
roll for
3
4 10(301+-872)
Kent Builders, Inc .
$ 35000
taxes of 19/-+0, and
31000
3
4 1 (304-1)
Johnethel Realty Corp.
157,600
3,400
161,000
3
3 1, 3
now appearing on
the roll as follows:
FURTHER RESOLVED, that the assessment roll for
the year 1939, school tax of 191.0, and for the
year 1940, taxes of 1941, which shows property
notiA, appearing on
the roll as follows :
Section
Block Lot
Owner
Land
Imp.
Total
4
41A 15 (412-134)
Wood Estate
5,000
53000
be corrected as follows, in accordance
with the
provisions of sub
-division 5 of Section
33 :
Section
Block Lot
Owner
Land
Imp.
Total
4
41A 15A 412-191)
H. J. Kennedy
900
900
4
41A 16 412-183)
C. Guglielmo
900
900
4
41A 17 412-175
'food Estate
850
850
4
41A 18 412-167
it 11
725
725
4
41A 19 (412-160
it }'
650
650
4
41A 20 -152
It r,
600
600
4
((412
41A 15B 412-196
" ° (10-ft , strip)
200
200
4
41A X (412-143)
" n
175
175
FURTHER RESOLVED,
that the assessment
roll for
the year 1939, school
taxes of 19/-+0, and
for the
year 1940, taxes
of 1941, which sho!rils
property
now appearing on
the roll as follows:
Section
Block Lot
Owner
Land
Ilnp.
Total
6
39 36,37A
Paula Brooks
$ 5,475
8,000
13,475
(607-578)
-
be corrected as follows,
in accordance
with the
provisions of sub-division 5 of Section 33 :
Section
Block Lot
Owner
Land
Imp.
Total
6
39 36,37A
Paula Brooks
4,100
8,000
12,100
(607-578)
6
39 37B
Geo. P. Forbes
1,375
1075
(607-585)
FURTHER RESOLVED, that the assessment roll for
the year 1940, taxes of 1941, which shows pro-
perty now appearing on the roll as follows :
Section Block Lot
Owner
M
Land ImD. Total
7 78 1,2,6,7 G. M. Wolfson $205000 21,000 41,000
(728-43)
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33 :
Section Block Lot Owner Land Imp. Total
7 78 1,2
(728-63)
7 78 6,7
(728-43)
Union Savings Bank
G. 1. Wolfson
9,800 21,000 30,800
10,200
10,200
Comptroller Luceno presented the following financial state-
ents for the period January 1 to December 31, 1940, which were ordered
filed: (1) Condensed Statement of Receipts and Disbursements - Capital
Fund; (2) Condensed Statement of Receipts and Disbursements - I . P . A.
Fund; (3) Condensed Statement of Receipts and Disbursements - Special
Assessment Fund; )4) Summary of Receipts and Disbursements; (5) Analysis
of Estimated Revenues; and (6) Statement of Budget Appropriations and
Expenditures .
The Town Attorney stated that he recommended the settlement
of the certiorari proceedings instituted by ROGER S. BRASSEL, to
review the assessment upon a parcel of property in the Town of 11famaro-
neck, known as Section 1, Block 44C, Lots 6B, 7 to 10 and 11A (new
numbers, Block 129, Parcel 472) on the basis of a reduction in the
assessment from $30,000 to $25,000 for the year 1940, tax of 1941 .
Councilman Bates introduced the following resolution which
was seconded by Councilman Mandeville :
WHEREAS, heretofore and on or about the 10th day of
October, 1940, a writ of certiorari was obtained by
Rogers S . Brassel, owner of Section 1, Block 44C,
Lots 6B, 7 to 10 and 11A (new numbers, Block 129,
Parcel 472) to review the assessment for the year
1940 (tax of 1941) ; and
WHEREAS, a return to the writ was duly filed by the
Assessor and Board of Review on or about the 15th
of November, 1940; and
WHEREAS, the Town Attorney and Assessor recommend_
to this Board that the proceedings be settled and
discontinued upon the reduction of the assessment
from $30,000 to $25,000 (tax of 1941) ;
NM,, THEREFORE, BE IT
RESOLVED, that the assessment for the year 1940 upon
property known as Section 1, Block 44C, Lots 6B, 7,
to 10 and 11A (new numbers, Block 129, Parcel 472)
be reduced from $30,000 to $25,000 provided the
certiorari, now pending in the name of Roger S.
Brassel be discontinued without costs to the 'Town
of Mamaroneck.
FURTHER RESOLVED that the Town Attorney is hereby
authorized and directed to sign the necessary stipu-
lations to obtain orders of the Supreme Court pro-
viding for such reductions and the refund of any
excess taxes paid.
The Town Attorney presented the following affidavit
received from The Bonded Capital Corporation:
- - - - - - - - - - - - - - - x
IN THE MATTER of the Application
of
BONDED CAPITAL CORPORATION
I
or the issuance of a duplicate tax
lien certificate.
- - - - - - - - - - - - - - - - - x
STATE OF NEB''+ YORK
SS:
COUNTY OF NEW YORK
ELVIRA FANELLI, being duly sworn„deposes
and says that she is an officer of Bonded Capital Cor-
poration, to wit, its Assistant-Treasurer, and is
familiar with the facts hereinafter set forth.
That at the tax sale held by the Town of
Mamaroneck in Yay of 1930, Bonded Capital Corporation
purchased a tax lien certificate in the principal sum
of $146.33, covering premises described upon the Tax
Map of the said Town as Section 8, Block 21, Lots 37,
38 and 39 . Upon payment of the said amount to the
Receiver of Taxes of the Town of Mamaroneck, there was
issued to and received by the said Bonded Capital Cor-
poration, transfer of tax lien certificate bearing
number 1/.7 .
That deponent had occasion to refer to said
tax lien certificate and upon due and diligent effort
being made to locate the said certificate, it was found
that the said certificate was either lost or misplaced
and could not be located. To the best of deponents
knowledge, recollection and belief, the said tax lien
certificate was never assigned, transferred or conveyed
by Bonded Capital Corporation, and is still owned by it.
This affidavit is submitted for the purpose
of procuring the issuance of a duplicate tax lien
certificate to Bonded Capital Corporation in lieu of the
original certificate which has been lost or misplaced.
Upon the issuance of the duplicate certificate, an instru-
ment of satisfaction will be duly executed and acknowledged
by an officer of Bonded Capital Corporation, with a view
towards effectuating the satisfaction and cancellation of
the said lien upon the records of the Receiver of Taxes
of the Town of Mamaroneck.
WHEREFORE, , it is respectfully requested that a
duplicate of the tax lien certificate hereinabove referred
to and described be accordingly issued.
(signed) Elvira Fanelli
Sworn to before me this
30th day of December, 1940.
Louis Cohen
Notary Public: Westchester County
Certificate filed in N. Y. Co. #1037
On motion by Councilman Griffin, seconded by Councilman
Mandeville, it was unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized to issue duplicate
transfer of tax lien certificate No. 147, sold by
M
the Town of Mamaroneck on May 28, 1930 to
Bonded Capital Corporation, in the principal
sum of $146 .33, affecting property described on
the map of the Town of Mamaroneck as Section 8,
Block 21, Lots 37, 38 and 39 .
The affidavit submitted was ordered filed in the Town Clerk's
office .
On motion by Councilman Bates, seconded by Councilman
Griffin, upon roll call, the following resolution was unanimously
adopted:
WHEREAS there is being considered a project for the
reconstruction and widening of a bridge at station
9-/-60 at Halstead Avenue within the Village of
Mamaroneck, which bridge joins the Towns of Mamaroneck
and Rye, and it is estimated that the sponsors ' cost
of said project will be in the sum of $24,000.00; and
WHEREAS of such estimated sponsors ' cost it is proposed
that the County of Westchester will contribute $12,000.00
provided the other municipalities affected, namely the
Village of Mamaroneck and Towns of Mamaroneck and Rye,
will contribute the remaining $12,000.00; and
WHEREAS it is the
interested to car
W. P. A. Project,
neck and Towns of
, 12,000.00 either
equipment.
intention of the municipalities
ry out such improvement through a
towards which. the Village of Mamaro-
Mamaroneck and Rye will contribute
in cash, materials, supplies or
NOW, THEREFORE the Town of Mamaroneck hereby designates
the County of Westchester as its agent to prepare and
file a W. P . A. Project with the Federal Government
providing for the reconstruction and widening of a bridge
at station 9 / 60 on Halstead Avenue within the Village
of Mamaroneck at an estimated cost to the sponsors of
$21 ,000.00, which project shall provide for the cost to
be borne as follows :
By the County of Westchester $ 12,000.00
By the Village of Mamaroneck and Towns of Mamaroneck
and Rye the sum of $12,000.00 to- be made up of cash,
materials, supplies or equipment in the sum of $4,000.00
each, and. that upon this project being approved that the
Town of Mamaroneck will make available its share of the
cost thereof, as herein provided, and it is
FURTHER RESOLVED that this resolution is conditioned
upon and to become effective upon similar resolutions
being passed by the Town Board of Rye and the Village
Board of Mamaroneck.
The Town Attorney reported that he had attended the Annual
Meeting of the Municipal Law Committee of the New York State Bar
Association on January 9, 1941 and. also that he was planning to
attend a meeting of town and county attorneys to be held at Albany
on January 2G., and January 25, 1941.
On motion by Councilman Bates, seconded by Councilman
Mandeville, it was unanimously
RESOLVED, that Town Attorney Delius be reimbursed
out of the Law Department budget for his expenses
in attending both of the meetings mentioned above.
The Supervisor requested the Town Clerk to read the
communications .
A letter dated December 18, 1940 received from the
Mamaroneck Chamber of Commerce and held over from an earlier meeting
was read. It requested that a copy of the minutes of the Town Board
meetings be sent their organization.
The members of the Board considered the request and follow-
ing some discussion decided that such practice might lead to a large
amount of additional clerical work, as other organizations would ex-
pect the same favor. It was mentioned that representative of
"The Daily Times" newspaper was present at all meetings and that the
official copies of the minutes were open to the public as called for
in the law. They instructed the Town Clerk to advise the Chamber
of Commerce that the Board would welcome representatives of their or-
ganization to sit in at all meetings so that they would be informed
of all business presented to and considered by the Board.
A letter dated January 4, 1941 received from the Association
of Towns of the State of New York advised that the Ninth Annual Meet-
ing of the Association would be held in the City of Albany, New York,
on February 19, February 20 and February 21, 1941 and that representa-
tives should be designated to attend the convention.
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was on roll call, unanimously
RESOLVED that Supervisor McCulloch, Attorney Delius
and Comptroller Luceno be and they hereby are desig-
nated to represent the Town of I diamaroneck at the
Annual Meeting of the Association of Towns of the
State of New York at Albany, New York, on February 19,
February 20, and February 21, 1941, and that they be
reimbursed for the expenses of the trip out of Town
funds included in the 1941 budget for this purpose .
Councilman Mandeville asked for a few minutes to talk on
the method of assessing properties throughout the Town. He said
that the differential in the assessments of the three municipalities
in the town either retards sales of real estate or kills transactions
altogether. He suggested that the Supervisor be authorized to confer
with layor Goeckler of the Village of Larchmont and Mayor Corrigan
of the Village of Mamaroneck on the subject. He said that he was
quite familiar with the method of assessing in the town and that the
town assessor was generally right, but that the village assessors come
in and get most of their information from the town records and then
arrange the figures to suit themselves . The town roll, he said, was
as near correct as it could be and could be used as a model. He
pointed out that one assessor said that his roll was lower because the
village had no money to fight certiorari proceedings .
He said that other communities in the county were equaliz-
ing assessments and that there was no reason why it could not be
done in Mamaroneck; also that if necessary, there should be a demand
made that it be done . He added that it must be embarrassing to the
Town Attorney in fighting certiorari cases while the village assessors
are using the town information, maps and system to undermine our own
rolls . He asked how the Town Attorney could maintain the town' s
figure when the opposing attorney could point out lower village assess-
ments on any number of parcels .
The Supervisor said that he did know that the village
assessors were using the town' s maps, but he did not know that they
were using town figures. He pointed out that the tovn 'roll is
the first to be filed earn year and that the two villages apparently
feel that since the Town Attorney is paid by the entire township,
it is more °or less up to him to fight certiorari cases .
Councilman Griffin asked how this method of assessing
could be accomplished, as the villages had the right under the law
to set up their own assessment rolls .
The Supervisor stated that under the law the villages have
the right to accept the assessments of the town if they care to do
SO. He asked Assessor Smith if the differences were less than
eight years ago.
e
.Mr.Smith stated that the figures are much closer now
than they were then.
Mr . Pandeville stated that the town assessments were in a
sound condition and that he would like to see the Supervisor start
the plan, as he thought real estate boards and others would follow
up and support the movement.
He offered the following motion, which was seconded by
Councilman Bates and upon roll call unanimously adopted:
RESOLVED that the Supervisor be and he hereby is
authorized to confer with Mayor Goeckler of the
Village of Larchmont and Mayor Corrigan of the Village of Mamaroneck
on the probelm of equalizing assessments in the Town of Mamaroneck.
Councilman Mandeville re-ported that ivir. Henry J. Dietz of
Boston Post Road, Toren, had requested that something be done to
improve the map street known as Ferndale Street.
During discussion it was pointed out that a W. P . A. pro-
ject had been approved by the Federal Government for a storm water
drain in the bed of the street. It was decided that something
be done to carry out this project first before any attempt is made
to surface the 'road.
The Board directed Town Engineer Foote to take the matter
up with the W. P. A. authorities at white Plains to see if the project
could be started in the near future .
The Town Clerk read a number of applications received for
the position of janitor of the Town Offices .
The members of the Board carefully considered all of the
applications and following a full discussion, it was on motion by
Councilman Mandeville) seconded by Councilman Griffin, on roll call,
unanimously
RESOLVED, that Mr. Rubin Catce of 91 Old Post Road,
Mamaroneck, be appointed to the position of janitor
of the Town Offices to serve at the pleasure of the
Board at a salary at the rate of $900 per year, the
same to be effective February 1, 1941.
The following reports were received and ordered filed:
(1) Annual report of the Plumbing Inspector for the year 1940;
(2) Report of the Town Clerk for the month of December, 1940; and
(3) Report of the Mamaroneck Health Center for the month of December.
At 10:15 P. M. the Board unanimously resolved to adjourn.
Town Clerk