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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.