HomeMy WebLinkAbout1941_06_18 Town Board MinutesREGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD JUNE 18, 1941
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 McCulloch
Councilman Griffin, Mandeville and Meginniss
Absent: Councilman Bates
The presence was alos noted of Town Clerk Payne, Town Attorney delius
Assessor Smith Comptroller Luceno and Engineer Foote
The minutes of the meeting of May 7, 1941 were approved as presented
The Supervisor asked if there was any one present who wished to address
the Board.
Mr. Charles Hughes of the Department of Public Works of the City of New
Rochelle appeared to ask permission to instal 684 feet of 8 inch cast iron
sewer pipe in the Town of Mamaroneck so as to provide house connections
for eight houses in New Rochelle on Beechtree Drive. He explained thay they
could not get into their own system because the houses were over on the Town
side of the Mamaroneck Valley Ridge. He pointed out that it would be an easy
matter to connect with the Town sewer line in Bonnie way and laos that the town
would benefit becuase the line would provide for house connections along
the extension of Bonnie Way. He added that the city of New Rochelle would
pay all expenses in connection with the project
On motion by Councilman Mandeville seconded by Councilman Meginniss
upon roll call it was unanimously
RESOLVED, that the Town Board approved of the application of the City
of New Rochelle to install a sewer main in the Town of Mamaroneck
connecting the service at Beechtree Drive New Rochelle with the Town
sewer main at Bonnie Way and be it
FURTHER RESOLVED, that it is understood and agreed that the Town of
Mamaroneck will not be charged for any part of the installation and that the
Town will assume no other cost for maintenance except for that part which
is in the Town of Mamaroneck and be it
FURTHER RESOLVED that the Supervisor be and he hereby is authorized
to sign the agreement which shall be prepared by the Town Attorney
Mr. H.J. Kennedy appeared before the Board to request that his option
for the purchase of Lots 15, 16, 17 and 18. Section 1 Block 52 given to
him by the Town Board be canceled. He stated that his experience with
other lots in the neighborhood was not so
FURHTER RESOLVED, that the Town Attorney be directed to prepare the deeds
and that the Supervisor be authorized to sign same.
The Town Attorney stated that he recommended the settlement of the certiorari
proceedings instituted by Paul H. Terry to review the assessment upon propertt=y
owned by him in the Town of Mamaroneck known as Block 722, Parcel 258
(old number Section &, Block 55, Lot 2) on the basis of a reduction in the
assessment from $54,800 to $50,000
Councilman Mandeville introduced the following resolution, which was seconded
by Councilman Griffin:
WHEREAS, heretofore and on or about the 2nd day of October, 1940, a writ
of certiorari was obtained by Paul H. Terry, Owner of Block 722, Parcel 258
(old number Section 7, Block 55, Lot 2) to review the assessment for the year
1940 upon premises owned by him and
WHEREAS, a return to such was fuly filed by the Assessor and Board of Review
on or about the 15th day of November, 1940 and no further proceedings having
been taken 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 $54,899 to $50,000
NOW, THEREFORE BE IT
RESOLVED, that the assessment for the year 1940 upon property known as
Block 722, Parcel 258 (old number section 7, Block 55, Lot 2) be reduced
to $50,000 provided the certiorari proceedings now pending in the name
of Paul H. Terry be discontinued without costs to the Toen of Mamaroneck.
FURTHER RESOLVED, that the Town Attorney is hereby authorized and
directed to sign the necessary stipulation to obtain of the Supreme Court
Providing for such reduction refund of any excess taxes paid
The foregoing resolution was adotpted by the following vote:
AYES: Supervisor McCulloch
Councilman Griffin and Mandeville
Noes : Councilman Meginniss
Mr.Robert P. Weil, attorney representing David Prosnit and others, appeared
to offer settlement of certiorari proceedings instituted to review the assessments
on the following described property: Block 614, Parcel 186, assessed for $36,000
and Block 614, Parcel 172, assessed for $5,000. He stated that on the first parcel
mentoned the Village of Larchmont settled on a final assessment of $27,300.
He asked the Town to do likewise. On the second parcel he asked the Town to
reduce the assessment to $2,800
445
The Supervisor asked if there was any one else who wished
to address the Board
There being no one, he suggested that the meeting proceed
with reports of committees
Councilman Mandeville reported that everything was all right except for the
department for the removal of garbage. He pointed out that the truck drivers
were receiving $4.20 per day, the same as the laborers, while the drivers
had to put in extra hours to clean the trucks. He suggested that their pay
pay be increased to $5 .00 per day.
.
,-:
Councilman Meginniss stated that he would be in favor of the recommendation
make such increases while operating under the budget system
.
Attorney Delius informed the Board that it was all right to make the increase,
providing theTown did not exceed the amount set up in the budget as an item for garbage collection.
He added that the department could arrange the salaries
,
Councilman Mandeville stated that while all other matters
in connection with Town salaries had been before the Board in the
past. he thought that this also should have the approval of the Board
The members of the Board expressed their as report of the
recommendation and authorized Mr. Mandeville to direct the depart-
ment to increase the rate of pay for truck drivers from $4.20 per day
to $5 . 00 Per day.
Councilman Griffin presented five petitions received from the
Assessor for the collection of the assessment roll so as to permit the apportionment
of taxes.
Councilman Griffin presented five petitions received from
the assessor for tie correction the resolution was upon roll call unanimously
F adopted:
On motion by Councilman Griffin, seconded by Councilman
Meginniss the following resolution was upon roll call unanimiously
adopted:
WHEREAS, the Assessor has presented peititons for the corrections
of the asessment roll for the years 1940 and 1941, taxes of 1941 and 1942, pursuant
to the provisions of Section 33 chapter 105 of the Laws of 1916 as amended, known
as the Westchester County Tax Act and
WHEREAS, after the consideration this Board finds it desirable to grant said petitions
for the correction of said assessment roll;
NOW, THEREFORE BE IT
RESOLVED, that the assessment roll for the year 1940, school tax of 1940, school tax
of 1941, which shows property now appearing on the roll as follows:
447
Section Block Lot Owner Land Imp. Total
2 40 18 to 22 B. V. Schrame 4,500 10,250 14,750
(218-87)
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33:
Section BIock Lot Owner Land imp. Total
2 40 18 (218-97) Barb ara V. Schraraek 900 900
2 40 19 to 22 N. Y. Life Insurance
(216-87) Company 3,600 10,250 13,850
FURTHER RESOLVED, that the assessment roll for the year 1940, school tax of 1941
which shows property now appearing on the roll as follows:
Section BIock Lot Owner Land imp. Total
3 4 1 Johnethel Realty $148,600 3,400 152,000
3 3 1 & 3(304-1)
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33:
Section BIock Lot Owner Land imp. Total
3 4 1 Johnethel Realty $145,400 3,400 148,800
3 3 1 & 3(304-1)
3 4 5A(304-774) Chandler Withington 3,200 3,200
FURTHER RESOLVED, that the assessment roll for the year 1941, school tax of 1942
which shows property now appearing on the roll as follows:
Section BIock Lot Owner Land imp. Total
3 4 1 Johnethel Realty $154,600 3,400 158,000
3 3 1 & 3(304-1)
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33:
Section BIock Lot Owner Land imp. Total
3 4 1 Johnethel Realty $151,400 3,400 154,800
3 3 1 & 3(304-1)
3 4 5A(304-774) Chandler Withington 3,200 3,200
FURTHER RESOLVED, that the assessment roll for the year 1940, school tax of 1941
and the year 1941, taxes of 1942 which shows property now appearing on the roll as follows:
4'
4'49
Section Block Lot Owner Land Imp. Total
9 87 4-5B
(940 - 149) Warren K. Friar $2,550 $2,550
Councilman Meginniss presented the following financial reports for the period
January 1 to May 31, 1941 which were ordered filed;
1) Statement of Estimated Revenues; 2) Statement of Budget Appropriations
and Expenditures; and 3) Statement of Receipts and Disbursements
He also presented the report of Glick Freedman the Town auditors for the fiscal year
ended december 31, 1940 together with their comments, which he suggested
the members of the Board examine
He reported that the Fire Council had decided to request the Town Board to make
arrangements for the disposal or storage of the old hook and ladder truck
Following some discussion, it was decided that the truck be left at the Weaver
Street Fire House until the Supervisor and Mr. Meginniss had an opportunity
to find space for same in some other fire house within the Town
Councilman Mandeville pointed out that in case of emergency the old truck
would come in hendy and that at present the National Defense program was
making it almost impossible to get such equipment
The Town Clerk was directed to advise the Fire Council of the action of the Board
Councilman Meginniss informed the Board that the Town Fire Department had
been invited to participate in the annual parade of the Port Chester Fire Departments
to be held in the evening of July 1, 1941, and that the members of the department
were requesting permission to take the new aerial truck with them
Following some discussion it was on motion by Councilman Mandevillem seconded
by Councilman Meginniss, on roll call unanimously
RESOLVED, that the Town Fire Department be and it hereby is authorized
to take the new aerial truck with them while attending the annual parade of the
Port Chester Fire Department to be held in the evening of July 1, 1941 and be it
FURTHER RESOLVED, that permission is granted on the following conditions:
1. That the department make arrangements with the surrounding fire departments
to assure adequate fire protection while the piece of apparatus is out of town
2. That te Fire Chief of the Town file a report tha the department has adequate
insurance to protect the Town against loss in case of an accident outside of the
Town limits
3. That the driver and tiller man operating the truck be the regular paid drivers of the
451
Councilman Meginniss read a letter dated June 18, 1941 received
from Fire Chief Lindale in which he requested the Town Board
to consider for approval the appoinuitment of Ray Woodburn as
emergency driver.
On motion by Councilman Meginniss, seconded by Councilman
Griffin, it was unanimously
RESOLVED. that the recommendation of the Fire
Department be approved and that Ray Woodburn be
and he hereby is appointed as emergency driver.
On motion duly made and seconded the following resolution
was unanimously adopted:
WHEREAS, at a meeting of this Board held June 4th, 1941
there was referred to the Assessor, the petition of
George L. Ketner, attorney for Dorothy G. Hanson, the
owner of certain property known as Section 2, Block 12,
Lots 21 to 23 which is a request for the apportionment
of certain taffies or tax liens upon Lots 7 to 13 inclusive,
Section 2 Block 12; and
WHEREAS, the Assessor has made this apporitoment in
accordance with the description contained in the deed
from Elizabeth Elizcabeth Ireland to Dorothy G. Hanson, dated
November 30th, 1940 and recorded in the office of The
Clerk of Westchester County Bureau of Land Records in
Liber 3876 of Deeds, page 419, as requested in said
petition which apportionment is as follows:
Tax Year Date of Sale Sec Blk Lot Owner Amount
1933 1934 2 12 7b to 13b Dorothy G. Hanson $16.99
1934 1935 " " " " 23.74
1935 1936 " " " " 21.64
1936 1937 " " " " 21.54
1937 1938 " " " " 23.57
1938 1939 " " " " 23.09
1939 1940 " " " " 22.33
1940 1941 " " " " 22.51
1933 1934 " " 7a to 13a Morlin Const. Corp. 91.72
1934 1935 " " " " 127.81
1935 1936 " " " " 98.41
1936 1937 " " " " 103.34
1937 1938 " " " " 104.98
1938 1939 " " " " 119.83
1939 1940 " " " " 115.79
1940 1941 " " " " 116.68
WHEREAS, the Board now finds that the prayer of the
petitioner should be granted, to wit that the portion of the
taxes aforesaid apportitoned by the Assessor as
against Lots 7b to 13b inclusive now owned by Dorothy G.
Hanson, be cancelled;
NOW, THEREFORE, BE IT
RESOLVED, that the prayer of said petition be granted
The members of the Board approved of the action taken by the Supervisor
The Supervisor presented a letter from Richard F. Wood, owner of property
known as Section 1, Block 89, Lots 15 and 16 (new description Block 130,
Parcels 94 and 97), requesting that these two lots be apportioned and offering
to pay certain tax arrears on Lot 16 in the face amount of the liens.
On motion by Councilman Griffin, seconded by Councilman Meginniss,
the following resolution was upon roll call unanimously adopted:
WHEREAS, the Assessor has presented a petition for the correction of
the assessment rolls for the years 1935, 1936, 1937, 1938 and 1939, taxes
of 1936, 1937, 1938, 1938 and 1940, pursuant to the provisions of Section
33 of chapter 105 of the Laws of 1916, as amended, knwon 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;
RESOLVED, the assessment rolls for the years 1935, 1936, 1937, 1938 and 1939, taxes
of 1936, 1937, 1938, 1938 and 1940, which shows property now appearing on
the roll as follows:
Section Block Lot Owner Land Imp. Total
1 89 15,16 Rockcliffe Estates, Inc. $600 $600
be corrected as follows, in accordance with the provisions of sub-division
5 of Section 33:
Section Block Lot Owner Land Imp. Total
1 89 16 Rockcliffe Estates, Inc. $450 $450
1 89 15 Richwood, Inc. $150 $150
On motion by Councilman Meginniss, seconded by Councilman Griffin, it was unanimously
RESOLVED, that the Receiver of Taxes and Assessments be and he
hereby is authorized, empowered and directed to accept payment of taxes
for the following years on Section 1, Block 89, Lot 16 (new description Bloc 130,
Parcel 94) the liens for which are held by the Town, in the face amount of
the liens, provided payment is made within thirty days:
Year of Sale Year of Tax Amount of Lien
1937 1936 $17.81
1938 1937 17.16
1939 1938 19.01
1940 1939 18.38
Company and the Westchester Lighting Company. However, he recommended
that Attorney Delius and Town Engineer Foote confer with Mr. Brewer.
The members of the Board agreed upon the Supervisor's recommendation.
A letter dated June 10, 1941, was received from the Mamaroneck Health
Center, Inc. signed by Mrs. Arthur W. Mudge, President, advising that Miss
Jane Holden had been appointed as a staff nurse at the Center effective
June 26, 1941.
On motion by Councilman Griffin, seconded by Councilman Mandeville, it
was on roll call unanimously
RESOLVED, that the action of the Mamaroneck Health Center, Inc. in
appointing Miss Jane Holden as a staff nurse be ratified and that the Town
Comptroller be given notice for his records
Comptroller Luceno informed the Board that the Town Defense Council
had requested funds to carry on their work
Following some discussion it was on motion by Councilman Meginniss
seconded by Councilman Mandeville, upon roll call unanimously
RESOLVED, that the Comptroller be and he hereby is directed to transfer
the sum of $100 from the appropriation in the 1941 budget for the Traffic
Commission to the fund to be set up for the use of the Town of Mamaroneck
Defense Council
Comptroller Luceno presented a claim submitted by Miss Emily E. Lindsley,
School Director, for services for representing the Town of Mamaroneck
at the annual meeting of the School Directors of the County of Westchester.
He explained that in past years no claim had been filed for such services,
although it is allowed by law. The amount, he stated, was not included in the
1941 budget.
Following some discussion, on motion by Councilman Griffin, seconded
by Councilman Mandeville, it was upon roll call unanimously
RESOLVED, that the comptroller be and he hereby is directed to pay
this claim out of surplus funds.
Section 1. For the purpose authorized by law, the Supervisor is hereby
authorized to borrow an amount not exceeding $220,000. and to issue
certificates of Indebtedness of the Town therefor against transfers of Tax
liens owned by the Town not otherwise pledged, pursuant to the Westchester
County Tax Law, constituting Chaoter 105 of the Laws of 1916, as amended.
Each of said certificates of Indebtedness shalll be designated "Tax Lien
Certificate"
457
(c) The total amount of Tax Lien Certiicate of
Indebted ess hereto ore issued and outstanding against
said transfers of tax liens, or any portion thereof, is ..............................
$120,000.00
(d) The total amount of said tranfers of tax liens
otherwise pledged in any manner is .............None
(e) The total amount of Certificates of Indebted-
ness heretofore issued and outstanding in anticipa-
tion of the collection of taxes for the non payment . .
of whcih properties were included in said tax sales,
is..........................................$200,000.00 10 • b # # # 0 4 * • a A * 0 0 # a • 0 o a OL w e # 4 D b e p r • V 0 a c a a a r e 6 a a a a
I
(f) All of the Certificates of Indebtedness referred
to in section e) hereof will be paid from
taxes collected since the issuance of said obliga-
tons and from the proceeds of the Tax Lien Certi-
ficates of indebtedness authorized herein.
Section 3. The following matters in connection
with said Certificates of Indebtedness are hereby
determined:
Date: July 1, 1941
Maturity: July 1, 1942
Numbers and
Denominations :
T. L. Nos . 18 to 29 incl. @ $10,000 each
T. L. No. 30 @ $100,000
Interest rate: .50% per annum, payable at maturity.
Substiantially as determined by resolution
adoted January 4, 1939, except that said
certificates shall recite that they are issued pursuant
to Chapter 105 of the laws of 1916, as amended,
for money borrowed against transfer of tax liens
owed by the Town.
The supervisor is hereby authorized to determine all
matters in connection therewith not deterimined by this or
Subsequent resolution and his signature upon said Certi-
ficates shall be conclusive as to such determinations . Said
Certificates of indebtedness shall be signed by the
Supervisor and countersigned by the Town Clerk and shall
have the corporate seal affixed thereto. The Supervisor is
hereby, authorized and directed to sell said certificates
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
from the date of the Certificates to the date of delivery.
Section 4. Any instrument issued pursuant to this resolution
shall be a general obligation of the town and the faith and
credit of the Town are hereby pledged for said obligations,
and unless otherwise paid or payment provided for, an
amount sufficient for such payment shall be inserted in
the annual estimate and a tax sufficient
459
A letter dated June 17, 1941 was recieved from John V. Baum
asking whether the Town of Mamaroneck would consider selling a three-
-foot strip of land borcIering or his Lots 1 and 17 on the easterly sire
in flock 424 on the map entitled "Plan of Lots called Larchmont Gardens
situate in the Town of Mamaroneck, surveyed for Clifford B. Harmon & Co . .
42nd street and Madison avenue, New York City, N.Y. Sub -divisions
Nos. 1 and 2 by Long & Mller Civil Engineer , dated August 16, 1911
and filed in the Office of the Register of Wes tchester County or Sep--
tember, 1911 as Map No . 1949" the description of thepa rcel being;
ALL that certain parcel of land designated on said
map as "reserve" , and shown on said map to be bounded and
follows: on the west by the easterly lines of Lots 1 a
17 in Block 424 on the north by Ed emod . P I a-ce the
east by the e Ysterl ire of e lands designated as
Larchi ort Gard ens o n said aj); on the south by Little
Farms Road..
Mr. Baum stated that if the Town Board was Inclined to sell
the property, he would like to Place or record offer $45.00 for the strip.
The Town Attorney was directed to make a seach of the
records and determine wkiether or not the Town cold consider the sale
of the property.
Thie Town Attorney reported that the arbitrators appointed
by the Town and the Relators in certiorari proceedings brought by
Austin K. Griffen and others as mortgage trustees to review the
assessment on t he Hommaocks golf course and clubhouse which is
known as Block 933, Parcel 1, Block 935, Parcel 240, Block 936, Parcel 1,
Block 414, Parcel 1, Block 942, Parcels 367 and 568, had made their report
agreeing to the following reduction; for the years 1938, 1939 and 1940, taxes
of 1939, 1940 and 1941:
Block Parcel Land Improvements Total
933 1 from: $184,750 $250 $185,000
935 240 To: $123,175 $250 $123,425
936 1
414 1 from: $ 8000 $75,000 $83,000
942 367 To: $ 8000 $57,000 $65,000
942 568
o0
On motion duly made sand seconded it was unaimously
RESOLVED, that the report of John Marbach and
Walter C. Burbank the appraisers in the matter of
the ceritiorari proceedings brought by Austin K. Grifffen .
and others as trustees against James M.Smith, as
Assessor of the Town of Mamaroneck and others, be
approved and be it
FURTHER RESOLVED, that the Town attorney is authorized
and Instructed to take all the steps necessary to have
his report approved by the referee and the supreme
Court to the end that an order may be obtained from the
court in the usual form reducing the assessments accord-
ing and providing for a refund to the Relators for
any excess of tax paid by reason such reduction.
The Town Clerk was requested to write the chairman of each of the
political parties and invite them of offer comments
The report of the Town Clerk for the month of May was recieved and filed
The report of the Mamaroneck Health Center for the month of May was
received and filed
At the close of the meeting Councilman Griffin informed the Board that
Councilman Bates was in the Harkness Pavilion in New York City for Oservation.
The members of the Board expressed their regret that Mr.Bates was not
present at the meeting
At 10:05 P.M. the Board unanimously resolved to adjourn.
Town Clerk