HomeMy WebLinkAbout1940_03_11 Town Board Minutes SPECIAL MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD MARCH 11, 1940
At the Town Offices, 358 West Boston Post Road„ Mamaroneck, N.Y.
The meeting was called to order by Supervisor McCulloch at
11 A.M.
Present- Supervisor McCulloch
Councilmen Bates and Mandeville
Absent - Councilmen Griffin and Meginniss
The presence was also noted. of Town Clerk Payne and Comp-
troller Luceno.
The following resolution was offered by Councilman Bates and
and seconded by Councilman Mandeville, to-wit:
WHEREAS, pursuant to tie resolution passed by this
Board on February 20, 1940, $8,750 Incinerator Site
Bonds of said Town of Mamaroneck have been duly ad-
vertised for sale on notice published in the daily
times, the official newspaper of said Town, sealed
proposals to be received and considered at 11 o'clock
A.M. Eastern Standard Time , on the 11th day of March,
1940; and
WHEREAS, at the time and place fixed for tine receipt of
bids, the following bids were received for said bonds;
flame of Bidder
First NaM anal Bank of Mount `Ternon
A. C. Allyn , Co.
R.D. White &: Co .
Geo. B. Gibbons c- Co.
Roosevelt Weigold
Rate of Interest Amount Bid-
2 .20% 6 8,770. 00
2.00% 3,755.25
2. 9070 8,761. 99
3`; 8x774.24
3% 6,771® 00
WHEREAS, the lowest rate of interest bid for said bonds,
stated in a multiple of one-Quarter or one-tenth of
one per Centuim per anniarn, was 2.20 per cent; and
WHEREAS, the highest and best bid complying with the
terms of sale, at such lowwest rate of interest was the
bid of First Natonal Bank Of Mount Vernon who offered
to purchase said boiids at said rate of interest and to
pay it therefore par value , accrued Interest and a premium
of $20.00.
RESOLVED, that the bid of the said First National Bank
of Mount Vernon be and the same is hereby accepted,
and said $8,750 Incinerator Site Bonds, bearing interest
at the rate of 2.20 per centum per annum, are hereby
awared to the said First National Bank of Mount Vernon
at the price aforesaid
The question of the adoption of the foregoing resolution
was duly put to a vote which resulted as follows:
AYES: Supervisor McCulloch
Councilman Bates and Mandeville
Noes: None
The resolution was thereupon declared duly adopted
At 11:30 A.M. the Board unanimously resolved to adjourn.
Town Clerk
REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD MARCH 20, 1940
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y.
The meeting was called to order at 8 P. M. by Councilman
Griffin, Acting Chairman,
Present : Councilmen Bates and Mandeville
Absent: Supervisor McCulloch and Councilman Mieginniss
The presence was also noted of Town Clerk Payne, Town Attor-
ney Delius, Comptroller Luceno and Fire Chief McCarthy.
The minutes of the meetings of March 6 and March 11 were
approved as presented.
Councilman Griffin asked if there was any one present who
wished to address the Board.
Fire Chief McCarthy stated that he wished to advise the
Board. that the Fire Council was prepared to make a recommendation
for the purchase of an aerial ladder truck. He added that tests
had been made with several trucks throughout the unincorporated area
and that meetings had been held with representatives of the manufac-
turers to discuss their products.
Councilman Griffin inquired as to whether or not the Chief
and the Council had filed a written report.
Chief McCarthy replied that they had not but were prepared
to do so.
Councilman Griffin suggested that if there was no objection,
the report be held and that the matter be deferred until the Super-
visor was present . Chief McCarthy agreed to do so.
Councilman Griffin asked if there was any one else who
wished to address the Board.
There being no one, he suggested that the meeting proceed
with the reports of committees .
Councilman Mandeville reported that the cost for the re-
moval of debris from the streets following the heavy sleet stone, was
$862. 94. He stated that he thought that this area was in better
condition than any other in the county.
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was upon roll call unanimously
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 dlarrant
No, No. Claimant Amount
1 13 Payroll
14 Westchester Asphalt Dist . Corp. $ 34. 95
3 39 Payroll
40 Warming' s Service Center, Inc. 3.74
41 Neer Rochelle Autoparts Co. , Inc. 1. 05
42 H. B. Beecher 7.57
43 E . J,. Connor & Co. 23. 00
44 Mamaroneck Plbg. Supply, Inc. .88
45 Globe , Flotorists Supply Co. , Inc. 41. 10
845
Item Warrant
No . No .
Claimant
Amount
3 46
Goodliffe Bros . , Inc.
23.52
47
6. P . A. Fund
94.49
48
Viking Steel Corporation
44.98
49
Westchester Lighting Company
12. 32
4 43
Payroll
appearing on
44
ti
the roll as follows:
45
hew Capitol Restaurant
4.80
46
New Annex Restaurant
5.40
47
International Salt Co.
234.63
48
Keeler Real Estate Corp.
282. 44
49
State Insurance Fund
837.45
Councilman Bates stated that there was nothing to report for
the department for sewers and drains.
Councilman Bates presented a petition dated. March 20; 1940,
received. from the Assessor for the correction of the assessment roll
so as to permit the apportionment of taxes.
On motion by Councilman Bates, seconded by Councilman
Mandeville, the following resolution was unanimously adopted:
WHEREAS, the Assessor has presented a petition
dated March 20, 1940, for the correction of the
assessment roll for the year 1939, taxes of 1940,
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 Srant said petition for the correction
of said assessment roll;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll for the year 1939,
taxes of 1940, which shows property now appearing on
the roll as follows:
Section
Block Lot Owner
Land
imp.
Total
2
8A 34-36A-36B Chas. Gersbach
7, 000
$19,500
826,500
(208-369)
be corrected as follows, in accordance
with the
provisions of sub-division 5 of Section
33
Section
Block Lot Owner
Land
Imp.
Total
2
8A 36A-36B Chas. Gersbach
$ 3,500
$19, 500
$23,900
(208-369)
2
8A 34 (208-325) f9
32500
-
31500
FURTHER RESOLVED, that the assessment
roll for
the
year 1939, taxes of 1940, which shows
property
now
appearing on the roll as follows;
Section
Block Lot Owner
Land
imp-
Total
6
13 26 to 33 Elsie J. Murphy
Q12, 000
$ 7, 000
$19,000
(606-366 )
be corrected as follows, in accordance
with the
provisions of sub-division 5 of Section 33;
Section
Block Lot Owner
Land
Imp.
Total
6
18 28 to 33 H. 0 . L. C.
9,000
$ 7,000
016,000
(506-366 )
6
18 2612? Elsie J. Murphy
35000
-
31000
(606-472 )
M
FURTHER RESOLVED, that the assessment roll for the
year 1939, taxes of 19401 which shows property now
appearing on the roll as follows:
Section
Block Lot Owner
Land Imp.
Total
6
41 5(609-133) Albert T. Butkis
2, 000 -
k 2,000
be corrected as follows, in accordance
with the
provisions of sub-division 5 of Section 33:
Section
Block Lot Owner
Land Imp.
Total
6
41 5A(609-138) Albert T . Butkis
1, 000 -
11000
6
41 5B(609-133) Nonman S. Collyer & 4V
11000 -
1,000
FURTHER RESOLVED, that the assessment
roll for the
year 1939, tastes of 1940, which shows
property now
appearing on the roll as follows:
Section
Block Lot Owner
Land Imp.
Total
9
97 1A,3B Society of V. Y.
$5.5, 000 -$37, 000
$90, 000
(946- 142) Hospitals
be corrected as follows, in accordance
with the
provisions of sub-division 5 of Section 33:
Section
Block Lot Owner
Land Imp.
Exempt
9
97 1A, 3B Society of N. Y.
$53,000 $37, 000
''3$`'90, 000
(946-142 ) Hospitals
FURTHER RESOLVED, that the assessment
-roll for the
year 1938, taxes of 1939, and for the
year 1939,
taxes of 1940, appearing on the roll as follows:
Section
Block Lot Owner
Land Imp.
Total
8
32 4,5, 6,7A Warranty Realty Co.
3, 300
32300
SA,14B
(814-532 )
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33:
Section
Block Lot Owner
Land Imp.
Total
8
32 516,7A,.8A Warranty Realty Co.
`$ 2,500 -
2,500
(814-532 )
8
32 4114B "
800 -
600
(814-542 )
Councilman Griffin stated that there was nothing to report
for the Welfare Department, as the regular report was presented at
the last meeting.
He presented a letter dated parch 20, 1940, received from
the Board of Park Commissioners and. signed by C. Stewart Comeaux,
Chairman, recommending that in view of the excessive damage done by
the sleet storm, the Town Board arrange for funds during the follow-
ing few months for the essential tree surgery on the damaged trees.
The estimate for the cost for the work was $1, 500.
Councilman Griffin informed the Board that the Park Depart-
ment received $500 in the 1940 budget for work on shade trees and that
to date the department had spent within $100 of thhat amount in doing
emergency work following the storm.
Following some discussion it was decided to lay the matter
on the table for discussion at a later meeting.
Councilman Griffin asked the Town Clerk to read the
communications.
M
of the State of Neal York, as amended, and a Certi-
ficate, or Certificates, of Indebtedness of the Town
in said amount shall be issued to evidence said loan.
Section 2. It is hereby determined and declared:
(a) The total amount of taxes levied in said school
district for school purposes for said fiscal year, is
$843,101. 00.
(b) The total amount of said taxes outstanding and
uncollected is $88,230. 19.
(c) The total amount heretofore borrowed and outstand-
ing 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: April 1, 1940
Maturity: July 1, 1940
Number: TR #2
Interest rate - To be determined by the Supervisor
per annum:
Form: Substantially as provided in resolution
adopted January 4, 1939, except that the
third paragraph of said form shall read
"This certificate is issued pursuant to
the provisions of Chapter 105 of the Laws
of 1916, as amended, and by virtue of a
resolution of the Town Board of said Town
adopted iaiarch 20, 1940, in anticipation of
the collection of taxes for school purposes
levied in Union Free School District No. 1
of the Town of Diamaroneck for the fiscal
year commencing July 1, 1939"
The Supervisor is hereby authorized to determine all
matters in connection with said Certificate of Indebted-
ness, the determination of which is not provided for by
this or subsequent resolution, and his signature upon
said Certificate of Indebtedness shall be conclusive as
to such determinations. Said Certificate of Indebted-
ness shall be signed by the Supervisor and countersigned
by the Town Clerk and shall have the seal of the Town
affixed thereto. The Supervisor is hereby authorized
and directed to sell said Certificate 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
frog the date of the Certificate to the date of delivery.
Section 4. The faith and credit of the Town of
Isian.aroneck are hereby pledged for the punctual payment of
the principal of and interest on said Certificates of
Indebtedness and, unless otherwise paid, or payment pro-
vided for, taxes shall be levied on all the taxable pro-
perty in said Town in an amount sufficient to pay said
principal and interest.
On motion of Mr. Mandeville, seconded by Mr. Bates, the
foregoing resolution was adopted by the following vote :
AYES: Councilmen Griffin, Bates and Mandeville
NOES: None
The Town Attorney stated that he recommended the settle-
ment of the certiorari proceedings instituted by Samuel D. McAnddess
and Adelaide Alicia Wilcox, to review the assessment upon parcels
of property in the Village of Mamaroneck known as Section 9, Block 11,
Lot la; Section 9, Block 19, Lots 15, 16a, 16b; and Section 9,
on
Block 19, Lots 17a and 17b, on the basis of reductions in the assess-
ments for the year 1939, as follows:
FROM
Sec.
Blk.
Lots
Land
Building
Total
9
11
la
$23, 000
$ 2,500
25,500
9
19
15,16a,16b
48,700
20, 000
68,700
9
19
17a,17b
25,000
10,000
35,000
TO
9
11
la
19, 000
$ 1,000
20,000
9
19
15,16a,16b
44,000
16,000
60,000
9
19
17a,17b
22,500
7,500
30,000
Councilman Biandeville introduced the following resolution
which was seconded by Councilman Bates:
WHEREAS, heretofore and on or about the 29th day
of September, 1939, a writ of certiorari was ob-
tained by Samuel D. McAndless and Adelaide Alicia
Wilcox, owners of Section 9, Block 117 Lot 1a;
Section 9, Block 19, Lots 155 16a, 16b; and Sec-
tion 9, Block 19, Lots 17a and 17b, to review the
assessment for the year 1939, upon the premises
owned by them; 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, 1939, and no further proceed-
ings having been had; 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
$25,500, $68,700 and $35, 000 to $20, 000, $60,000 and
$30, 000 respectively;
NOW, THEREFORE, BE IT
RESOLVED, that the assessments for the year 1939
upon property known: as Section 9, Block 11, Lot la;
Section 9, Block 19, Lot 15, 16a, 16b and Section
9, Block 19, Lots 17a and 17b, assessed. for $25,500,
$68,700 and $35, 000, be reduced to $20,000, $60, 000
and $30, 000 respectively, provided the certiorari
proceeding now pending in the name of Samuel E.
McAndless and Adelaide Alicia Wilcox be discontinued
without costs to the Town of Mamaroneck.
FURTFiR 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 proceedings instituted by Joel Zingisser, to review
the assessment upon a parcel of property in the Village of lylamaroneck
known as Section 9, Block 181 Lots 21b and 6b, upon the basis of a
reduction in the assessment for the year 1939 from $15,250 to $13, 300.
Councilman Mandeville introduced the following resolution,
which was seconded by Councilman Bates:
WHEREAS, heretofore and on or about the 29th day
of September, 1939, a writ of certiorari was obtained
by Joel Zingisser, owner of Section 9, Block 18,
Lots 21b and 6b, to review the assessment for the
year 1939, 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, 1939, and no further proceedings having
been had; and
water rents shall not be deemed to affect in any
manner any right of the Town of loIamarone ck under
any General or Special Lava to enforce collection of
any unpaid balance of such taxes, assessments and
water rents as may remain due and owing to the Town
of Mamaroneck but such rights and powers shall remain
in full force and effect to enforce the collection of
the unpaid balances of such taxes, assessments and
water rents together with interest, penalties and
other lawful charges .
Town Attorney Delius reviewed his work in connection
with the proposed pension bill to be submitted by several towns
and villages throughout the county. He advised that he had
attended a number of meetings in Albany while working on the bill.
Comptroller Luceno submitted the specifications for the
removal of trap-rock ballast from the right-of-way of the New York,
Westchester & Boston Railway in the Town of Mamaroneck.
Councilman Mandeville read the specifications and re-
commended that the entrance to the railroad property to be used
be changed from the area of the parking space at the station to
some other location.
On motion by Councilman liandeville, seconded. by Councilman
Bates, it was unanimously
RESOLVED, that the Supervisor be and he hereby
is authorized to publish on Idarch 22, 1940, in
The Daily Times, a newspaper published and having
a general circulation in the village and town of
Mamaroneck,the following notice :
OFFICIAL PROPOSAL
REMOVAL OF STONE BALLAST
TOWN OF MAMARONECK, N . Y.
NOTICE TO BIDDERS
Sealed proposals covering the removal of traprock
ballast from the right of way of the New York,
Westchester & Boston Railway in the Town of Mamaroneck,
Westchester County, New York, in accordance with
Specifications, will be received by Supervisor Bert C.
McCulloch at the Town Offices in the Village of Mamaro-
neck, New York until 8 o' clock P. M. (Eastern Standard
Time ) on Wednesday, April 3, 1940, when they will be
publicly opened and read. It has been roughly computed
that there is between 8000 and 9000 cubic yards of
material to be moved.
Corporations submitting proposals shall be authorized to
do business in the State of Neiw York. Specifications
may be secured from the office of the Supervisor free
of charge.
BERT C . McCULLOCH
Supervisor, Town of Mamaroneck, N. Y.
Dated: March 20, 1940.
Assessor Smith reported that the Town would benefit by
the new equalization rate set by the ,State of New York for the taxing
of special franchises in the Town. He informed the Board that the
rate is now 87 per cent as against 85 per cent last year. He explained
that this would add to the assessment rolls $157,192 in assessments on
property owned by several corporations.
The report of the Mamaroneck Health Center, Inc . for the
month of February, 1540, was received and filed.