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HomeMy WebLinkAbout1932_05_04 Town Board Minutes1_15 =,TING OY THE TOWN BOARD TOWN OF MAMARONTCK, N. Y. held May 4th, 1932. The meeting was called to order by Supervisor Burton at 11:40 P. M. Present: Supervisor Burton Justices Boyd, Leeds, Me:ssersmith and Burbank Town Clerk Marvin The presence was also noted of Counselor Gamble. The regular order of business was suspended in order to hear those present who wished to address the Board. D. P. Van Gordon addressed the Board and presented a written request for permission to use the premises on the Boston Post Road near weaver Street, known as Section 4, Block 399 Lot 3C for the purpose of carrying on a business and the manufacture and sale of rustic furniture. In this connection the Clerk presented and read a communic- ation from the Building Commission submitting a report on this matter. The Board approved -in principle Mr. Gordonrs request and referred the matter to Counsel to take up with the Board of Appeals for Zoning. Justice Messersmith asked to be excused from voting on this resolution. H. R. Dillon, Receiver of Taxes, addressed the Board and presented a communication dated May 2nd in regard to the penalties on the 1931 Special ^,ssessments. He stated that assessments were due in April although the bills were not mailed until the latter part of September, 1931. He inquired what rate of penalties the Board desired to establish for such bills. The matter wasordered referred to Counsel. There being no other persons present who wished to address the Board, the regular order of business was resumed. The Clerk presented the minutes of December 2, 89 9, Up 16, 17, 30, January 60 7, 18, 20, 23, 2a, February '3, 17, 26, 279 2.9, 299m March 1, 2, 7, 71 99 14, 169 22, 25, 31 which were ordered approved as printed. Justice Burbank presented a large number of form letters from resident in Larchmont Park protesting against the unsightly con- dition of the dump used for garbage on the northerly side of the New Haven Railroad tracks. The Board was informed that this condition was at the moment being taken care of. A communication dated April 28th was received from William D. Ward thanking the Board for appointing him a member of the Board of Sewer Commissioners of the Town of Mamaroneck. The communication was ordered received, placed on file and acknowledged with thanks. A communication dated April 27th was received from Mrs. Marie D. Long; 82 Myrtle Blvd. withdrawing her objections to the alleged violation of the zoning ordinance on Myrtle Blvd., where a one -family Tiouse was supposed to be occupied by more than one family® the matter which she had brought to the attention of the Town Board at its meeting on April 20th. The communication was ordered received and placed on file. A communication dated May 2nd was received from the Building Commission together with a report by the Building Inspector on the matter referred to by Mrs. Long, the house in question being located at 81 Myrtle Boulevard. UM After discussion the matter was by resolution referred to the Building Commission for the enforcement of the zoning and building ordinance. A report dated April 6th was received from Counsel in regard to the request for tax cancellation of Mamaroneck Post No. 909 American Legion. The report was ordered laid over. A communication dated May 3rd was received from IIrs. Bernard LeVino: 385 Weaver Street, in regard to the penalties on the 1931 special assessments. The Board referred the letter to Counsel to whom it had previously referred a communication from the Receiver of Taxes on the same matter. A claim in the amount of $8.29 was received from the Bowery Savings Bank in New York City for a refund of taxes erroneously paid twice in the month of April, 1932, or. Section 9, Block 79, Lot 7. The claim bore the approval of the Receiver of Taxes who certified that the tax had been paid twice. Upon motion by Justice Boyd, seconded by Justice Messersmith, it was upon roll call unanimously RFSOLVFD WHTRFAS according to information supplied by the Receiver of Taxes, it appears that the Bowery Savings Bank of New York City did on April 23, 1932 pay the 1932 State, County, Town and District taxes on Section 9, Block 79, Lot 7t in the amount of $8.29; and WHFRFAS according to information supplied by the Receiver of Taxes it appears that the said Bowery Savings Bank dial on.April 28thy 19321, erroneously duplicate the payment which it had made on April 23 and again paid the 1932 State, County, Town and District taxes on Section 9, Block 79, Lot 7, in the amount of $8.29; and WHFRFAS said Bowery Savings Bank has duly filed a verified claim asking for a refund in the amount of $8;28 on account of said duplicate payment; and WHEREAS said claim is approved by both the Receiver of Taxes and Counsel, therefore be it RFSOLVFD, that the claim in the amount of $8.29 of the said Bowery Savings Bank be and it hereby is approved and the Supervisor directed to pay same and the Receiver of Taxes to make proper notation of same in his records. A claim was received from Fred G. Smith, Hillside Road, Larch- mont, in the amount of $256.46 for refund of taxes erroneously plod. twice on Section 1, Block 45B, Lots 55, 55, 57 and 58. Upon motion by Justice Deeds, seconded by Justice Burbank, it was upon roll call unanim- ously RFS03.VFD WAFR7AS upon information supplied by the Receiver of Taxes, it appears that Fred G. Smith did on January 23rd pay the 1931 State, County, Townand District taxes, including penalties, in the amount of $256.46; and WHT.RTAS from information supplied by the Receiver of Taxes, it appears that on April 3rd, 1932, said Fred G. Smith did again pay the 1931 State, County, Town and District taxes on Section 19 Block 45Bt Lots 65, 56, 57 and 58, including penalties, in the amount of $256.46, and WHnRFAB said Fred G. Smith has submitted a duly verified claim for this latter payment of $256.46; and WHTEOAS said claim is approved by both Receiver of Taxes and Counsel, now therefore be it RFSOLVFD, that the claim in the amount of $256.46 of said Fred G. Smith be and it hereby is _approved and the Supervisor directed to lDay same and the Receiver of Taxes to make proper notation of same in his records. The report of the Supervisor for the month of April was received and ordered spread upon the minutes and filed: TOWIT OF MAYARONEC.i GT'STERAL FUND STATE10TYL T OF T�'STIMATED REVENUE'S AND RECEIPTS FOR THE FOUR MONTH9 ENOED APRIL, 30th,_ 1932.. REVENUES 1932 Ta3i Levy for State, County Town and District Earnings, General Town Town Clerk Int. and Penalties on Taxes Int. on Bank Deposits Justices Fines Justices Fees Income Tax Miscellaneous Revenues Earnings - -Outside of Villages Bank Tax Dog Licenses Fees - Building Commission Franchise Tax Mercantile and Mfg. Tax Blortgage Tax Town Clerk's fees RECEIVEDBALANCE $823,498.63 $292,250.51 $531=248.12 200.00 -- 200.00 409,-000.00 IOs266.83 29,733.17 2,500.00 63.14 29436.86 21000.00 159.00 1'841.00 18000.90 652.15 347.85 40,000.00 -- 40,000.00 and Donations 448.31 448.31 1,500.00 543.09 956.91 700.00 839.94 139.94 2x000.00 335,83 1,664.17 640.00 331806 268.94 1,500.00 - 1,500.00 l0'000.00 -- 10,000.00 800.00 349.05 450.95 OTHER AVAILABLY FUNDS 361,000.00 36,000.00 ®- Fire District #1 i9864..00 -- 1,864.00 Water Revenues 69,025.00 00 69,025.00 TOTAL REVEidt}'e'S........ $1.033,187.63 $342-,238.91 _$6W -p 948.72_ TO'ffN OF MAMARONTCK' GF"- RAL FUND STATEMENT OF BUDGET APPROPRIATIONS AND YXPYNDITURYS FOR THF FOUR MONTHS FNDED APRIL 30th 1932. Budget Amount Amount General Fund Appro-oriation Expended Available Printing and Publishing $1,050.00 100.19 $ 949.81 Dept. of Elections 4a992.00 618.56 49373.44 Contributions and Donations 200.00 -- 200.00 Dept.. of Police Magistrates 3,150.00' 214.60 2,935.40 Debt Service - Redemption of Bands 4,928.94 19928.94 30,000.00 Debt Service - Interest on bonds 31764.48 19,444.74 2,319.74 Town Office 5, 120.00 18512.98 3,606.02 Town Hall 19,895.00 582.85 1,312.15 Dept. of Supervisor 19,180.00 69,.111.43 13,068.57 Dept. of Town Clerk 6,760.00 2.,118.42 4,641.58 Dept. of Justice Peace 16=310.00 4¢405.21 11,904.79 Dept. of Receiver of Taxes 8,275.00 2,559.11 5,715.89 Dept. of Assessors 10,905.00 31517.74 72387.2.6 Dept. of Public Welfare 258050.00 9,172.11 15,877.89 Dept. of Board of Auditors 19650.00 499.92 19150.08 Dept. of Law 81000.00 Is446.31 69553.69 Highway Dept. 11,500.00 -- 11,500.00 Dept. of Miscellaneous Expend- itures 11535.00 153.25 12381.75 L1341,265.42 36 _$83$7.36 $97,878.06 OUTSIDE OF VILLAGES Dept. of Printing and Publishing Contributions and Donations Dept. of health Building Commission Board of Appeals Highway Dept. Debt Servicer Redemption of Bonds Debt Service," Interest on bonds Street Lights Fire District #1 Park District Garbage District Water District Police Dept, Garbage District #2 Fire District #2 Sewer District #Z State and County Tax TOTAL DISBURSEf�NTS (signed) Dated, May 4th, 1932 71 150.00 __ 150.00 5,.880.00 -- 5,880.-00 2r000.00 -- 2,000.00 50,210.00 $1r626.3-4 3$583.86 1,075.00 170.60 904.40 379500.00 5x000.00 32,500.00 258000.00 5,000.00 239000.00 28r-944.50 100915.00 18,02.9.50 20.000.00 20,000.00 �$ 125x759.50 X19,711.74 j106,A47.76_ 38x652.50 99.727.62 28,924.88 39x298.00 189:835.46 20,462.54 15x950.00 5x316.64 1Ox633.36 72x194.25 IO,784.00 61x410.25 68¢720.00 22,000.00 46x720.00 lx400.00 466.64 933.36 2,224.00 -- 29224.00 130x816.25 38,237.93 922578.32 403.907.71 403,907.71 033187.63 $1611467.39 $871,720.24 Respectfully submitted GEORGE w. BURTON Supervisor The report of the Town Clerk for the month of April was received and ordered placed on file. The Town Clerk reported that he had received four estimates of the cost of repairing the roof of the town hall. The matter was ordered laid over. The Clerk reported that he had been served with a supplemental summons and complaint in the tax lien foreclosure: Garden Properties, Inc. vs! Camilla Francks, Town of Mamaroneck, et. al. The matter was ordered referred to Counsel. Claims in the amount of $19584.30 for insurance on the fire trucks of the weaver Street Fire Dept. and $874.00 for Volunteer Firemenvs Indemnity Insurance were received from George McClelland, Fdgewood Avenue. Both claims were referred to Justice Burbank for investigation and report. The Clerk presented the following resolution which was seconded by Justice Burbank and upon roll call unanimously approved as follows: wHFREAB the premiums on the surety bonds of the Receiver of Taxes and Deputy to the Receiver of Taxes amount to the sum of 75.040; and wHFREASx the premium on the hold-up policy for the Town Offices amounts to $112.50 a grand total for insurance policies of $962.50; and WHEREAS the 1932 budget appropriated only $350.00 for these premiums; and as wHFREAS a surplus exists in the appropriation account of the Department of Justices of the Peace, therefore be it RESOLVED, that t'he're be transferred from the approp- riation account of the Department of Justice of the Peace to the appropriation account of the Department of Receiver of Taxes the sum of $650.00 and the Super- visor be and he hereby is authorized And directed to record such transfer upon his books of record in his office. Counsel advised the Board in regard to the request made by Mr. E. G. Griffin, Chairman of the Larchmont Unemployment Gommittee, in which he asked the Town Board to provide the sum of $300, to be used by said Unemployment Committee to provide an office and equipment thereof 'in aid of the administration of temporary unemployment relief under- taken by the Village.of Larchmont under the direction of his Committee. Counsel stated that Supervisor Burton and he had gone to Albary on April 28th and had had a conference to the Comptrollerts office with Robert B. Haner, Assistant Director, Bureau of Municipal Accounts in the Department of audit and Control, and that Mr. Haner advised them that he had just received from Hon. Henry D'pstein, First Assistant to the Attorney General and Counsel of the Temporary Emergency Relief Administration, an opinion in answer:,to the request heretofore made by Counsel as to the authority of the Town Board of the Town of Mamaroneck to make such an expenditure. Mr. Haner advised the Supervisor and Counsel that his Depart- ment had a number of conferences with the Attorney Generals office in order to arrive at a proper decision as the same question has and will in his opinion arise in the future from other localities, for which reason they desire to have the opinion of the Attorney General's office thereon. Counsel presented a copy of the opinion of Mr. Epstein and advised the Board in accordance therewith. Mr. Epstein, had ruled that the method outlined by Counsel for the making, of the appropriation was legal and approved. He further stated that Mr. Haner advised the Supervisor and himself that his Depart- ment iz reversing the ruling heretofore made by it which had held that such payments were not proper under the la.7 and that they would rule in accordance with Mr. Epstein°s opinion that such appropriations were henceforth proper and legal. Counsel recommended that be incorporated in the minutes and of the Super -visor and Town Clerk. a copy of the opinion of Mr.- Epstein that copies be placed in the files Counsel further advised that while the Board had heretofore authorized the appropriation subject to the approval of Counsel, he felt it wise under the circumstances that a new resolution should be passed by the Board authorizing said appropriation in accordance= with the opinion of the Attorney General. The following resolution was thereupon offered by Justice Boyd and seconded by Justice Burbank and upon roll call unanimously adopted as follows: RESOLVED,. that the Town Board of the Town of Mamaroneck appropriates the sum of $300., which sum is to be used to providd an office and equipment thereof in aid of the administration of temporary unemployment relief work by the Unemployment Relief Committee of the Village of Larchmont: Further Resolved, that the Supervisor be and he hereby is authorized, empowered and directed to draw a check for said purpose to the order of Edward C. Griffin, Chairman of said Committee, said check to be drawn out of the Public welfare funds of the Town; 175 FURTHER RESOLVED, that there be transferred out of the unexpended balance in the Town Clerkrs account in which there is now a surplus, the sum of $300 to the Public Welfare fund so that there may be funds provided in the budget of the Town for the approp— riation herein made. The letter from bar. Haner and Mr. Epstein"s opinion follows: STATE OF NEW YORK DEPARTMENT OF AUDIT AND CONTROL. April 28, 1932 Morris S. Tremaine Comptroller Hon. Ralph A. Gamble 149 Broadway New York City My dear Assemblyman: Referring to our correspondence relative to the authority of the Town of Mamaroneck to appropriate funds for the purpose of establishment and maintenance of quarters for the Fmergency.Relief Administration within the Village of Larchmont, I enclose herewith copy of opinion of the Attorney General which was rendered. in response to a formal request from this department for a ruling. I assume that you will notify the town authorities as to the opinion of the Attorney General and doubtless you will coincide with his views when you advise the town authorities. I have forwarded a copy of this opinion to Mr. Wadagnolo, who is now engaged in an examination of the Town of Mamaroneck, for his guidance. If it has seemed to you that we have been dilatory in this matter, I desire to state on our behalf that we have had two or three discussions with the Attorney General*s Office in order to arrive at a proper decision, as the same question has and will undoubtedly in the future present it -self from other localities. Assuring you of our continued desire to be helpful whenever possible, I am Very truly yours ROBERT B. HAVER Assistant Director Bureau of Municipal Accounts. I.1SPARTUNT OF LAW Honorable Dorris S. Tremaine State Comptroller, Department of Audit & Control State Office Building Albany, Yew York. Attention: Mr. Haner Dear Sir: April 25, 1932 You have asked me as to the power of the town board of the Town of Mamaroneck to contribute $aOO. to provide office and equipment thereof in aid of the administration of temporary relief undertaken by the Village of Mamaroneck. If the village committee's efforts are confined to the provision of shelter, fuel, food, clothing, etc., within the definition of home relief, it may without any question be assisted with public money, as an agency of the town public welfare officer (Town Law, Sect. 431, subd.. 10.0 Sect.98, Subd. 1; Public Welfare Law, $80.) provided it is duly constituted as such agency. Such cooperation is a duty as the statute indicates. It may be, however, that the committee will engage in work relief. In the latter event, it is assumed that the committee is working in connection with the State Relief Administration, as an agency of the-'mergency -Work Bureau of Westchester County. If so, the difficulties arising from the fact that neither towns nor villages are recognized as municipal corporations under the Emergency Relief Act (1a 1932, ch.5679 amending L.19312 ch.798)s and that they are not expressly authorized to engage, as such, in work relief, may be dismissed from consideration. The question is, then, as to the legal authority for an appropriation by a town for such a purpose, relief within the village being, of course; relief within the town. Some force, I think, should be given to Sec., 1 of L. 19312 ch.798, declaring the existing condition_ to be a matter of public concern, State and local, and the correction thereof to be a town purpase, but specifically the Town Law (Sec. 43 subd. 101 authorizes a town which has the duty to support its poor to raise such sums as may be deemed necessary for the purpose and grants discretion in their expenditure (id.,Sec.98). I am aware of the argument that this refers to relief under the Public Welfare Law, that is to say the traditional poor relief, which goes under the F'mergency Act by the name of home relief. I am of the opinion, nevertheless, that the Emergency Act should be read in connection with the Public 'Welfare Law and the Town Law, and that, so read, the Town Law may be held to warrant the appropriation of town Money by a town board for work relief in the town, the same being wholly for the benefit of the poor for whom it is bound in any event to provide, andAn connection with which provision State assistance on a considerable scale is now for the first time available, the authorization, however, applying only when funds are available, as a town may not borrow for this nurmose. Thisis subject to the further limit- atior, that, to enable the reimbursement of 40 per cent after dune 1st, such work relief must be conducted under the control and supervision of the County Work Bureau of the Temporary 7mergency Relief Administration, and the projects must be approved, and the "funds placed by the town at the disposal of the County Work Bureau for the local purposes. Yours very truly (signed) Henry Fpsteln First Assistant Attorney Seneral Counsels, Temporary Emergency Relief Administration At 1 A. 11. the Board unanimously resolved to recess to meet again at the call of the chair to take up such matters as might properly come before it.