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HomeMy WebLinkAbout1939_04_19 Town Board Minutes to Zg REGULAR MEETING OF THE TO'iffN BOARD TOWN OF MAMARONECK, NEW YORK HELD APRIL 19, 1939 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch at 7:30 P. M. Present: Supervisor McCulloch Councilmen Bates, Griffin, Mandeville, Meginniss Absent : None The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith, Comptroller Luceno and Town Engineer Foote. Before proceeding with the regular order of business the members of the Board decided to go into executive session in order to hold a conference with Mr. John J. Murdock and Attorney Martin E. King, concerning the assessment on the holdings of the Johnethel Realty Corporation. At the conclusion of the conference the Board proceeded with the regular order of business. The minutes of the meeting of April 5, 1939, were approved as corrected. Councilman Bates reported that a manhole frame and cover, which was to be used on Fenimore Road near Wilson Lane , had been stolen and that it was necessary to replace same. He reported that the sewer along Murray Avenue is in very bad condition due to the sinking of the roadbed. He pointed out that the land in that vicinity was originally a swamp. He stated that the sewage flows but that the main is usually loaded. The Supervisor asked Town Engineer Foote what his suggestion might be . Mr. Foote stated that aside from the condition that exists the sewer is inadequate because of the connections to the Murray Avenue School buildings. The Supervisor suggested that a project to remedy the condition be included in the recommendations for next year' s budget . Councilman Bates requested the Town Clerk to read a letter dated April 18, 1939, received by ivir. Bates from Town Engineer Foote, advising that the 1vational Youth Administration had approved a pro- ject for a survey of buildings throughout the unincorporated area of the Town. The purpose of the survey is to check all houses that may have leader and garage driveway drains connected to the sanitary sewer system. He suggested that if the Board approved of the pro- ject, some means be taken to notify the property owners. Following a lengthy discussion during which members of the Board expressed their objections to workers going onto private property, it was decided to disapprove of the project . Councilman Mandeville stated that he would like to have Town Engineer Foote explain to the Board the reason why the streets in the Town were not in good condition. He added that he did know that the weather was against it but could not understand why the repair work was not advanced much farther than it was. Mr. Foote reported that during the past two weeks the High- way Department had been repairing the surface and cutting the shoulders along Fenimore Road. He stated that the weather had been quite bad causing a delay in patching. Mr. Mandeville recommended that everything_ possible be done to speed up the repair work. Councilman Griffin presented a petition dated April 19, 1939, 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, upon roll call, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented a petition dated April 19, 1939, for the correction of the assessment roll for the year 1938, taxes of 1939, pursuant to t he provisions of Section 33 o f 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 petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll for the 1938, taxes of 1939, which shows property now appearing on the roll as follows: ction Block Lot Owner 8 65 10 to 13 Donato Guglielmo & W Land Imp. Total $6, 500 $8,500 $15, 000 be corrected as follows, in accordance with the provisions of subdivision 5 of Section 33: Section Block Lot Owner Land Imp. Total 8 65 10 Donato Guglielmo & W $12750 $21250 $ 49000 8 65 11 to 13 " it it 4,750 63250 113000 Councilman Meginniss presented the following financial statements for the period January 1 to March 31, 1939: (1) Summary of Receipts and Disbursements; (2) Statement of Estimated Revenues; (3) Statement of Budget Appropriations and Expenditures. Town Attorney Delius presented and recommended the adoption of the following resolution which was upon motion by Councilman Mandeville, seconded by Councilman Bates, upon roll call, unanimously adopted: V"uHEREAS, in foreclosure proceedings instituted by the Town against the New Rochelle Realty Company, et al. , (Action No. 1) the referee, duly appointed for that purpose by order of the Supreme Court, sold to the Town of Mamaroneck, property described as Section 1, Block 44E, Lots 57 to 81 inclusive, on the Assessment Map of the Town of Mamaroneck; and WHEREAS, the said referee has applied to the payment of certain taxes, assessments and tax liens owned by and due to the Town of Mamaroneck, together with interest and penalties thereon to the date of sale, the sum of $2,322.60, which taxes, assessments and tax liens are required to be cancelled by the pro- visions of Section 54 of the Westchester County Tax Act, NO'N3 THEREFORE, BE IT RESOLVED, that the following taxes, assessments and tax liens are hereby cancelled: Section 1. Block 44E. Lot 57 Year of Year of Amt. of Interest or 15.27 Tax Sale Lien Penalty Total 1932 1933 $ 9.21 6. 06 15.27 1933 1934 8.14 4.45 12. 59 1934 1935 11.20 4.86 16. 06 1935 1936 8. 91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1936 S.C.T. 6.43 .64 7. 07 1938 School 2.63 .18 2. 81 Section 1 . Block 442. Lot 58 1932 1933 9.21 6. 06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16 .06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10. 55 1938 S.C.T. 6.43 .64 7.07 1938 School 2. 63 .18 2.81 Section 1 . Block 44E. Lot 59 1932 1933 9.21 6. 06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4. 86 16. 06 1935 1936 8.91 2.72 11. 63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S.C.T. 9.00 . 90 9. 90 1938 School 3.68 .26 3. 94 Section 1. Block 44E. Lot 60 1932 1933 9.21 6.06 15. 27 u 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16. 06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S. C.T. 10.28 1.02 11.30 1938 School 4.20 .29 4.49 Section 1. Block 44E. Lot 61 1932 1933 9.21 6 .06 15. 27 1933 1934 8.14 4. 45 12.59 1934 1935 11.20 4.86 16. 06 1935 1936 8. 91 2.72 11.63 1936 1937 9.27 1.73 11. 00 1937 1938 9.87 .68 10.55 1938 S. C.T. 11.57 1.16 12.73 1938 School 4. 73 .33 5.06 Section 1. Block 44E. Lot 62 1932 1933 9.21 6 .06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4. 86 16.06 1935 1936 8.91 2. 72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S.C.T. 12. 85 1.29 14.14 1938 School 5. 25 .37 5.62 Section 1. Block 44E. Lot 63 1932 1933 9.21 6. 06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16.06 1935 1936 8.91 2.72 11.63 Section 1 . Block 44E , Lot 63 (Cont . Year of Year of Amt. of Interest or Tax Sale Lien Penalty Total 1936 1937 9.27 $ 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S. C.T. 14.14 1.41 15.55 1938 School 5. 78 .40 6.18 10.55 Section 1 Block 44E, Lot 64 1.41 1932 1933 9.21 6. 06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16. 06 1935 1936 8.91 2. 72 11,63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S.C.T. 14. 14 1.41 15.55 1938 School 5.78 .40 6.18 Section 1. Block 44E. Lot 65 1932 1933 9.21 6.06 15.27 1933 1934 8.14 4. 45 12.59 1934 1935 11.20 4.86 16. 06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S. C.T. 14.14 1.41 15.55 1938 School 5.78 .40 6.18 Section 1. Block 44E, Lot 66 1932 1933 9.21 6. 06 15. 27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16.06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S. C.T. 12.85 1.29 14. 14 1938 School 5.25 .37 5.62 Section 1. Block 44E. Lot 67 1932 1933 9.21 6 .06 15. 27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16.06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S.C.T. 11.57 1.16 12.73 1938 School 4.73 .33 5. 06 Section 1. Block 44E. Lot 68 1932 1933 9.21 6 .06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4. 86 16. 06 1935 1936 6.91 2.72 11.63 1936 1937 9.27 1.73 11 . 00 1937 1938 9.87 .68 10.55 1938 S.C.T. 10.28 1.02 11.30 1938 School 4.20 .29 4.49 Section 1. Block 44E. Lot 69 1932 1933 9.21 6.06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16.06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S.C.T. 10.28 1. 02 11.30 1938 School 4.20 .29 4. 49 Section 1. Block 44E. Lot 76 Year of Year of Amt. of Interest or Tax Sale Lien Penalty Total 1932 1933 9.21 " 6. 06 15.27 1933 1934 8.14 4.45 12. 59 1934 1935 11.20 4. 86 16. 06 1935 1936 8.91 2. 72 11.63 1936 1937 9.27 1.73 11. 00 1937 1938 9.87 .68 10.55 1938 S.C.T. 9.00 .90 9.90 1938 School 3.68 .26 3. 94 Section 1. Block 44E. Lot 77 1932 1933 9.21 6. 06 15. 27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4. 86 16 .06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S.C.T. 9.00 . 90 9. 90 1938 School 3.68 .26 3. 94 Section 1. Block 44E. Lot 78 1932 1933 9.21 6. 06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16. 06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S.C.T. 9.00 .90 9. 90 1938 School 3.68 .26 3.94 Section 1. Block 44E. Lot 79 1932 1933 9.21 6. 06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4:86 16.06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11. 00 1937 1938 9.87 .68 10.55 1936 S. G.T. 8.34 .84 9.18 1938 School 3.41 .24 3.65 Section 1. Block 44E. Lot 80 1932 1933 9.21 6 .06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.86 16 .06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11. 00 1937 1938 9.87 .68 10.55 1938 S. C.T. 8.34 .84 9.18 1938 School 3.41 .24 3. 65 Section 1. Block 44E. Lot 81 1932 1933 9.21 6.06 15.27 1933 1934 8.14 4.45 12.59 1934 1935 11.20 4.66 16.06 1935 1936 8.91 2.72 11.63 1936 1937 9.27 1.73 11.00 1937 1938 9.87 .68 10.55 1938 S.C.T. 8.34 .84 9.18 1938 School 3.40 .24 3.64 Supervisor mcCulloch requested Comptroller Luceno to pre- pare a statement showing the complete cost of each parcel included in the foregoing resolution, so that the Board may be in a position at the next meeting to set a price and offer same for sale through real estate people. M FURTHER RESOLVED, that the matter of attending to the publication of this notice of sale be and it hereby is referred to the Receiver of Taxes and Assessments; and be it FURTHER RESOLVED, that said notice shall have appended thereto a particular and detailed state- ment of the property, the tax lien on which is to be sold, giving the section, block and lot numbers together with the name of the owner thereof as set forth in the records of the Receiver of Taxes and Assessments. The Town Clerk read a letter dated April 5, 1939, received from R. D. Whitmore, requesting a reduction in the assessment of his undeveloped property at Premium Point, known as Section 5, Block 17, Lot 9. The letter was referred to Assessor Smith for study and to report back to the Board at their next meeting. The Town Clerk read a letter dated April 17, 1939, received from Thomas Farmer of Griffin Avenue, Town of Mamaroneck, requesting that the Town add to the hydrant rental contract with Scarsdale the use of hydrant No. 726 so as to include his property and the Wildey property in the protected fire zone . The letter was referred to Councilman Meginniss. The Town Clerk presented continuation certificates to the following described public officials' bonds: Bond Amount Position Term . Globe Indemnity Co.$1,000 Bond No. 295215 Globe Indemnity 1,000 Co. Bond No. 295216 Globe Indemnity 10,000 Co. Bond No. 298766 Joseph H. Cowham May 1, 1939 - Building Inspector May 1, 1940 Alice D . Nheelock, inlay 23, 1939 - Deputy Town Clerk May 23, 1940 Alexander Finson, April 12, 1939 Office of Receiver Dec. 31, 1939 of Taxes On motion by Councilman Griffin, seconded by Councilman Bates, it was upon roll call unanimously RESOLVED, that the above mentioned bonds be and they hereby are approved, and that the Town Clerk be directed to arrange for the proper filing of same. Supervisor McCulloch informed the Board that the Town had paid one of the Tax Revenue Notes in the amount of $25,000 and that there is a balance of $"20,000 in the fund. He stated that he had been informed that the Board of Education of the School District had enough money to carry them through their fiscal year. The Supervisor presented and recommended the approval of the proposed changes to the rules and regulations of Westchester Joint Water urorks, No. 1. Upon motion by Councilman Bates, seconded by Councilman IJlardeville, it was RESOLVED, that the Board of Trustees of 'Yestchester Joint Water 'fforks, No. 1 be and hereby is authorized to amend the Rules and Regulations, as provided as follows: Add to Article 1, Section 1, at the end 1tend the member municipalities.' Article 2, Section 2, third paragraph, second line strike out after words "public street`, the comma and the word "ort4. Article 2, Section 3, on the sixth line after the word "Furnish" insert the words 1°and install". Article 2, Section 5, change so this section shall read "All service pipes leading from the curb boxes to the premises shall be of copper tubing U. S. government type- K specifications with compression fittings. The use of other materials for service lines is strictly prohibited. " Article 2, Section B. change so the same shall read as follows: "A separate tap or service pipe will be required for each consumer in a building taking water through a separate meter; every building used for residence purposes, whether or not the same is a unit in a group of such buildings, shall have a separate tap or service pipe and shall have a separate meter. " Article 2, Section 9, insert in the first line after "Abandoned taps" the words t'or services". Article 2, Section 14, eighth line after the words "check valve", the sentence shall be completed with the following words: tt, faucet and stop cock or valve shall be placed in the order named". Article 2, Section 15, eighth line after the words "shall have the power", insert the words "after reasonable notice". Article 3, Section 3, add the words "and in accordance with his exact specifications". Article 3, Section 4, after the word "furnished" insert the words "or permitted". Article 3, Section "this pit to beta strike out in depth and four feet wide and cover, and". Article 4, Section period" strike out the Comm, able". 8, the fifth line after the words the following: "at least four feet and covered with a 24" regulation ring 3, after the words `tor a subsequent a and insert" or other fair and equit- Article 4. Section 4, add the following sentence. "All charges shall continue until the service is so discontinued. " Article 5, Section 1, add the following sentence. °tA penalty of 2% of the amount unpaid will be charged pursuant to law on the first of the second month following the rendition of a quarterly bill. " Article 5, Section 4, add the following language at the end, "for inclusion in the next tax levy as provided by law". Article 7, Section 2, second line, after the words "Joint Water Works #1" insert the following stand the member municipalities" and a new paragraph at the end as follows: "The Westchester Joint Water Works #1 will not be responsible for fluctuations in the pressure of the water supply or for damage or inconvenience caused by high or increased pressure . Each consumer should regulate the pressure of the water within his premises by the use of an approved pressure regulating device. " Add a new section to read as follows: Section 7 to Article 7. "Section 7 No fixtures or devices producing water hammer shall be permitted unless proper safeguarding apparatus approved by the Superintendent is installed therewith. " Add a new section to Article 7, Section B. to read as follows. "Section 8 In connection with the transmission metering and use of water, the Superintendent of the Westchester Joint '.dater Works #1 may require the consumer to conform to such additional requirements and regulations as he may determine to be necessary for the protection of the Water Works , other consumers or for public health or safety under the particular circumstances of any case or situation and upon the failure of the consumer to comply therewith, he may discontinue the service of water to such consumer. 11 vote: The foregoing resolution was adopted by the following AYES: Supervisor .McCulloch Councilmen Bates, Griffin, Mandeville, Meginniss NOES: None The Town Attorney stated that he recommended the settlement of the certiorari proceeding instituted by Elsie M. H. Gaskell to review the assessment upon a parcel of property in the Village of Larchmont known as Section 6, Block 63, Lots 11A, llB, 23E and 23F0 on the basis of a reduction in the assessment from 940,000 to $32, 000 for the year 1938. Upon motion made by Councilman Mandeville and seconded by Councilman Bates the following resolution was adopted: WHEREAS, heretofore and on or about the 29th day of September, 1938, a writ of certiorari was ob- tained by Elsie 1. H. Gaskell, owner of Section 6, Block 63, Lots 11A, 11B, 23E and 23F, to review the assessments upon the premises owned by her; and WHEREAS, a return to such writ was duly filed by the Assessor and Board of Review on or about the 15th day of November, 1938, and no further proceedings have been taken; and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and dis- continued upon the reduction of the assessment from $40,000 to $32, 000; NOW, THEREFORE, BE IT RESOLVED, that the assessment for the year 1938, upon property known as Section 6, Block 63, Lots 11A, 11B, 23E and 23F, assessed for $40,000 be reduced to $32,000, provided the certiorari pro- ceeding now pending in the name of Elsie H. H. Gaskell, be discontinued without costs. FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary stipulation to obtain an order of the Supreme Court providing for such reduction and refund of any excess taxes paid. The Town Attorney stated that he recommended the settlement of the certiorari proceeding instituted by Louis H. Pink, Superin- tendent of Insurance of the State of New York, as Liquidator of Lawyers, Westchester Mortgage and Title Company, to review the assess- ment upon a parcel of property in the Village of Mamaroneck, known as Section 8, Block 82, Lots 1 to 4 and 16 to 19; and Section 8, Block 82, Lots 23 to 26, on the basis of a reduction in the assessment from $15, 000 to $12,500 and from $12,500 to $11,000, for the year 1938. Upon motion made by Councilman Mandeville and seconded by Councilman Bates, the following resolution was adopted: WHEREAS, heretofore and on or about the 5th day of October, 1938, a writ of certiorari was obtained by Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers West- chester Mortgage and Title Company, owner of Section 8, Block 82, Lots 1 to 4 and 16 to 19; and Section S. Block 82, Lots 23 to 26, to review the assessments upon the premises owned by him; and WHEREAS, a return to such writ was duly filed by the Assessor and Board of Review on or about the 15th day of November, 1938, and .ro further proceed- ings have been taken except that the matter was re- ferred to an Official Referee by order of the Supreme Court; and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and dis- continued upon the reduction of the assessments from 415, 000 to $12,500 and from $12,500 to $11,000; NOW, THEREFORE, BE IT RESOLVED, that the assessment for the year 1938 upon property known as Section 8, Bloek .82, Lots 1 to 4, and 16 to 19; and Section 8, Block 82, Lots 23 to 26, assessed for $15, 000 and $12, 500 respectively be reduced to $12,500 and $ 11,000 respectively, provided the certiorari proceeding now pending in the name of Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers Westchester Mortgage and Title Company, be discontinued without costs. FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lation to obtain an order of the Supreme Court pro- viding for such reduction and refund of any excess taxes paid. The Supervisor informed the Board that the Town was to receive action from the New York, New Haven & Hartford Railroad Company officials in response to the letters sent them concerning the condition at the Larchmont Station. He stated that Mr. Dawson, a representative of the railroad company, had called at the Town Office during the day and that arrangements were being made for railroad officials to meet with the members of the Town Board at the station on Friday, April 21, 1939, at 11:30 A. M. Assessor Smith informed the Board that Mrs. Francis Burley had called at the office to request that the Town Board grant per- mission for the payment of the 1938 taxes in the face amount on property known as Section 6, Block 50, Lots 48C and 48E. The Supervisor referred to the previous application for the cancellation of these taxes, which was denied at the last meeting. He reviewed the question concerning the assessment maps and following some discussion, it was upon motion by Councilman Griffin, seconded by Councilman Bates, unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment in the face amount, of the 1938 state, county, town and district taxes amounting to $2. 36 and the 1938 school tax amount- ing to $2.63 on property described as Section 6, Block 50, Lot 48E. Comptroller Luceno reported that Mr. 'William J. Horne of Vr. Keeler' s office had called at the office to present a check in the amount of X150.00 representing refunds on the public liability and property damage insurance covering N. P. A. projects for the period August 1, 1938 to December 31, 1938. He stated that tie ad- justment was due to the change of coverage from airect public lia- bility to contingent liability and that Ivir. Horne is about to press the insurance company for a further adjustment for the period January 1, 1936 to August 1, 1938, the date on which the rating bureau handed down a ruling on this type of insurance . He also stated that Mr. Horne has requested that the Board authorize his office to proceed with the request for this adjustment. 11M On motion by Councilman 1,'andeville, . seconded by Counci-Laan Bates, it was unanimously RESOLVED, that Edward A. Keeler, insurance broker for the Town of Mamaroneck, New York, be and hereby is autnorized to request any and all insurance carriers who have provided direct contractors' public liability and property damage insurance on iN. P. A. projects during the period January 1, 1936 to August 1 , 1938, to adjust premiums on the basis of coverage and premium determination as judged correct on August 1, 1938 by the 'National Bureau of Surety and Casualty Underwriters. Comptroller Luceno reported that he had received an addi- tional amount of $1,100 from the State Insurance Department on the National Surety Company bond which covered the job held by Santo Lanza, former Receiver of Taxes. The Town Clerk read a claim dated April 18, 1939, received from Mrs. Peter F.Boyle for rent. Following some discussion, it was upon motion by Councilman Bates, seconded by Councilman Ivlandeville , unanimously RESOLVED, that the Comptroller be and hereby is authorized to pay the claim dated April 18, 1939, in the amount of x43. 00 presented by Mrs. Peter F. Boyle . At 10:45 P. Pfl. the Board unanimously resolved to adjourn.