HomeMy WebLinkAbout1932_05_26 Town Board Minutes187
9:20 P M.
ADJOLMT D MEETING OF THE TOUR BOARD
TOWN OF MAMARONECK, N. Y.
held May 26th, 1932
The meeting was called to order by Supervisor Burton at
Present: Supervisor Burton
Justices Boyd, Leeds, Messersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Gamble.
A communication dated May 20th from Charles M. Baxter, Jr.,
Chairman of the Emergency Relief Committee of the Village of Mamaroneck,
thanking the Board for its appropriation of $300.00 to this committee
made on May 18th and assuring the Board that the money will be used
for relief cases only in that portion of the Village of Mamaroneck that
is situated in the Town of Mamaroneck, was received and ordered placed
on file.
A claim in the amount of $165.42 was received from Garden Propertieq
Inc., c/o Posner and Poener, Attorneys in Mount Vernon, for foreclosure
of tax liens, was received and referred to Counsel.
The Clerk reported that he had been served with a summons and com-
plaint in the action H. N. E. Gleason as Receiver versus Edwin S. Dimond,
Town of Mamaroneck, at. al. The matter was ordered referred to Counsel.
The Supervisar suggested that the County authorities be requested
to file as a matter of record the maps showing the takings in connection
with the recent improvement of the Boston Post Road and to monument the
Boston Post Road in accordance with these maps. Counsel was upon roll
call unanimously directed to prepare a letter to the County authorities
to this effect.
Counsel presented a letter dated November 24th, 1931 which he had
written to the Board of Assessors of the Town of Mamaroneck in regard to
certain assessments along the line of the Pine Brook Drain. He stated
that the matter had not yet been definitely settled and it was referred
back to him for further action.
Supervisor Burton advised the Board in connection with outstanding
Certificates of Indebtedness heretofore authorized and issued in
connection with the construction of the Pine Brook Drain.
He stated that Certificates Nos. Il, 12, 13 and 14, in the principal
amount of $25,000. had been issued December 10, 1931 and that the total
amount thereof, to wit, $25,800. was all that were at present outstandinG
He further stated that Certificates Nos. V and 8 in the amount of
$10000. each, No. 9 in the amount of $5,000. and No. 10 in the amount of
$2,000. a total of $27,000, issued October 27th, 1931, matured February
26th, 1932; that $$120000. had been paid off when due and that the balance
of 115,000. had been subsequently paid off in April 1932; that Certificate_.
No. 15 in the amount of $10,000 and No. 16 in the amount of $59000. were
issued and sold to refund Certificates in the amount of $159000. and would
have matured April 26th, 1932; that the purchaser had refused to take
delivery of same and had held the Certificates which he had as demand
certificates, and that Certificates Nos. 15 and 16 had accordingly been
cancelled by the Supervisor.
He further stated that he now had an opportunity to sell
$25,000. principal amount of said Pine Brook Certificates and requested
the authority of the Board to-do so, to replace the funds heretofore
advanced to payoff said Certificates..
Upon motion, duly seconded, it was
RPSOLVF'D, that the Supervisor be and he hereby is
authorized and empowered to issue and sell Pine Brook
Drain Certificates of Indebtedness in the principal
__- amount of $25,000. to Hannahs, Ballin & Lee; said Cert-
ificates to be dated May 31st, 19329 to mature November
28th, 1932, to bear interest at the rate of not to exceed
6/% per annum, and to deliver the same at par plus accrued
interest on receipt of funds therefor.
The Supervisor advised the Board that at a meeting of the
Pine Brook Drainage Commission held April 28th, 1932, the Commission
had endeavored to accurately estimate all of the outstanding bills,
obligations and claims against the Pine Brook Drainage Commission for
the construction of the Drain and the incidental expenses in connection
therewith and that said Commission believed that an additional $309000.
would be sufficient to complete said improvement and had adopted a
resolution requesting said additional appropriation and asking the
following respective communities to procure the necessary authorization
so that their proportionate share of the sum of $30,000. might be paid
over to the Commission, to wit, the sum of $189000, for the City of New
Rochelle, $7,500. for the Town of Mamaroneck and $49500. for the
Village of Larchmont.
The Supervisor requested the necessary authorization to issue
the Certificates of Indebtedness in this- additional amount so that he
might be placed in funds which could be paid over to the Pine Brook
Drainage Commission as the additional share of the Toren of Mamaroneck
for this improvement.
He stated that this Board had on December 179 1930, authorized
the issuance of Certificates of Indebtedness intheamount of $50,000.
and by resolution adopted on August 18th, 1931s had authorized .the
issuance of $3000. additional Certificates of Indebtedness, making a
total authorization of $53g,000. to be issued by the Supervisor as in
said resolutions provided; that. at a meeting held on December 99 19310
the Board had authorized the Supervisor.to refund,issue and/or re -issue
Certificates of Indebtedness then outstanding and authorized to be
issued in said total amount of $53,000. for a period of not to exceed
fifteen months from said date.
Upon motion of Justice Messersmith, seconded by Justice Boyd,
it was resolved,
=RPAS this Board has heretofore and on November 12th,
1930, under the provisions of Chapter 260 of the Laws of 1930
authorized Certificates of Indebtedness of the Town of
Mamaroneck in the sum of $50,000 and on August 189 19312
authorized Certificates of Indebtedness in an additional
amount of $3,000., making a total amount of $53,000. to
be issued by the Supervisor as in said resolutions provided,
and
VIHPRPAS this Board heretofore and on December 9, 1931,
authorized and empowered the Supervisor to refund, issue
and/ore-issue Certificates of Indebtedness then out-
standing and authorized to be issued in ,said total amounts
of $53,000.1, payable at such time or times as the Supervisor
may fix, not exceeding, however, fifteen months from
December 9th, 19311,
191
THEREFORE, B7 IT RESOLVED, that the Supervisor be and he
hereby is authorized and empowered in accordance with Chapter 260 of
the Laws of 1930 of the State of New York and the laws of the State of
New York to borrow on the faith and credit of the Town of Mamaroneck
the sum of $7500. plus interest which from time to time may accrue
thereon in addition to the $53,000. heretofore authorized by this Board,
making a total authorization for said improvement of $60,500. and td
issue a temporary Certificate or Certificates of Indebtedness in said
amount, which shall bear interest at a rate of not to exceed six per
centum per annum, payable at such time or times as the Supervisor
may fix, not exceedir_g,however, fifteen months from the date thereof
and to sell and dispose of said Certificate or Certificates of Indebt-
edness for not less than the par value thereof, which shall be payable
as to both principal and interest, shall be in such denomination or
denominations and shall bear such date or dates as shall be determined
by the Supervisor and shall be numbered consecutively, commencing
from the number of the last Certificate of Indebtedness of the Town
issued for such purposes. Said Certificate or Certificates may be
sold by the Supervisor from time to time as may be needed at private
sale for the best terms obtainable.
FURTHER RESOLVRD, that such Certificate or
Certificates of Ind3btedness shall be in
substantially the form heretofore adopted in
the resolution passed by this Board fixing the
form of said tine Brook Drainage Certificates
of Indebtedness dated December 99 1931, provided,
however, that said Certificate or Certificates of
Indebtedness may or may not have attached thereto
interest coupons.
FURTHER RESOYM. that said Certificates of Indebt-
edness shall be general and unlimited obligations
of the Town of Mamaroneck and the full faith and
credit of the Town are.hereby irrevocably pledged
to the punctual payment of the principal and interest
of said Certificate or Certificates of Indebtedness
as the same shall become due and unless said Certif-
icate or Certificates of Indebtedness are paid or
payment provided for, an amount sufficient to pay
the principal and interest thereof shall be included
in the annual statement for tax purposes;
FURTHER RESOIV"oD, that said Certificates of Indebted -
Pass, including the interest thereon, shall be paid
from the proceeds of bonds to be issued or sold or from
taxes or assessments collected, all as in said Chapter
260 of the laws of 1930 and the laws of the State of
New York provided;
FURTH-'R RESOLVED, that the receipt of the Supervisor
shall be a full acquittance to the purchaser of said
Certificates who shall not be obliged to see to the
application of the purchase price;
FURTF_?R RESOLVED, that the Super-lisor be and he hereby
is authorized and empowered to pay over upon the
demand of said Pine Brook Drainage Commission the
additional share'of the Town herein authorized, to wit,
$7500.
The foregoing resolutions were adopted by the following
o to :
AYES: Supervisor Burton, Clerk i$arvin, Justices Boyd,
Leeds, Messersmith and Burbar_k
Nay es: None
193
Gounsel presented the following resolution covering the matter
of the Hutten assessment on Lots 6, 6, 7A, Block 322, Section 1, which
matter had been referred to him at a previous meeting, to -wit:
WHFRFAS the Board of Assessors have reported to this Board
that the p-roperty of Sarah F. Rutter being Lots 5, 6, 7As Block 32,
Section 1, of the Assessment -Map of the Town of, Mamaroneck was heretof_om
assessed at $11,500 and that the said Sarah F.. Rutter, appeared before
the Assessors on Grievance Day in 1931 and said Assessors agreed to
reduce the said assessment from $119500. to $10,500.and
WIFRL'AS said Assessors advised this Board that through inad-
vertence the reduction as promised and agreed to was omitted to be made
and they have recommended that said Assessment Roll be corrected in
accordance with the agreement heretofore made by them.
Therefore, upon the recommendation of the Board of Assessors,
BF IT RFSOLVTD, that the Board of Assessors be and
they hereby are authorized and directed to correct the
error made in assessing the aforesaid property of the
said Sarah F. Hutten and to place the same on the 1930
tax roll at an assessed valuation of $10,500;
FIJRTFETR RP -SOLVED, that the Superlisor and the Receiver
of Taxes be and they hereby are authorized, empowered and
directed to correct their books of record as herein pro-
vided and the Receiver of Taxes is hereby authorized and
empowered to make out a corrected bill at the above
corrected assessed valuation and provided said bill is
paid immediately to accept said payment without penalty.
The foregoing resolution was upon motion duly made and secondei,
upon roll call unanimously.adopted.
The Supervisor advised the Board that at the sale of tax
liens held on May 25th, 19329 the Town had purchased all those liens
not sold to other persons or parties in the total amount of $48,893.87.
At 10:15 F. W. the Board unanimously recessed to meet again
at the call of the chair to take up such matters as might properly come
before it.