HomeMy WebLinkAbout1932_11_29 Town Board MinutesSPECIAL MEETING OF TIE TOWN BOARD
TOW -f OF YDdVLARO17=, N. Y-
at the Town Offices, 118 West Boston Post Rd., Mamaroneck
held November 29th, 1932
The meeting was called to order by Supervisor Burton
at 8:50 P. M.
Present: Supervisor Burton
Justices Boyd, Leeds, Idiessersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Gamble.
The Supervisor stated that Counsel was ready to report
on tyle matter of the request for a refund in connection with the
installation of Water Mains in Maple Hills, which matter had here-
tofore been presented to the Board by Mr. Mercaaante and Mr.
Albertson on behalf of Maple Hills, Inc. He stated that Mr. Mer-
cadante was present and although the meeting had been called for
another purpose, he would like to take the matter up out of order
if agreeable to the Board.
On motion duly seconded, it was
RrSCLTED, that the matter be taken up at this time.
The Supervisor thereupon called upon Counsel to advise
the Board regarding the matter.
Counsel stated that in connection with the improvement
of Maple Hills, under the provisions of Chapter 549 of the Laws
of 1926 as amended, under which sewers, side walks, drains, street
pavements and other improvements, including water, had been in-
stalled, Mr. Mercadante and/or Maple Hills, Inc. had advanced to
the Town the sum of x;5,000. to be used to construct the water main
in the streets in said development, Mr. Mercadante understanding
that it was advanced under the same conditions as a prior advance
made by him some years before to the Inter Urban Water Company, viz.
that after the installation was completed, he would be reimbursed
for said advance. Counsel advised the Board that he had examined
the proceedings in the assessments of costs in connection with the
said improvement of Byron Lane, Dimitri Place and Dante Avenue and
that he found there had been included in the total cost of said
improvement the cost of the installation of said water line, the
said total cost of same being determined in the amount of x;•3375.50
for viiickl bonds had been issued.
He further stated that x;,1525. of said advance had been
used to cover the costs of installing 61 service lines on Byron
Place, Dimitri Place and Dimitri Avenue at t25. per line, which
amount was not included in the cost of said improvement and there
was no way in which the Town could now charge for said cost, which
Mr. Mercadante should have required the abutting owners to pay
and he stated that he could recover the same now on any lots
which he had not sold.
Counsel therefore recommended that Mr. Mercadante and/or
Maple Hills should be reimbursed by the Town to the extent of
13375.50, the amount of the cost of said water line plus 199.50
being the portion of said advance which_ had not been expended by
the Town, or a total of 13475.
The supervisor stated that he has advised Mr. Mercadante
that no provision of course had been made in the 1932 budget for
said amount, the Board not having been aware that the same was aue
nor were there funds available to make payment of the same and that
Lir. Mercadante had agreed to accept two Certificates of Indebtedness
therefor and he recommended that the reimbursement be authorized.
The following resolution was offered by Mr. Justice
Messersmith, seconded by Yr. Justice Boyd
R,SOLV D; that the report of Counsel and the Supervisor
be and the same hereby is approved;
FURTHER RESOL`lF'D, that this Board aces hereby approve of
the claim of Mr.Mercadante and/or Maple Hills, Inc. and the Super-
visor be and he hereby is authorized, empowered and directed to
make pa ment to the said Mercadante and%or Maple Hills, Inc. of the
sum of 3475., same to be paid and accepted by said Mercadante
and/or Maple Hills, Inc. in full settlement of the advance of :5,000.
heretofore made by the said Mercadante and/or Maple Hills, Inc. in
connection with the construction and installation of water mains in
Maple Hills, Inc.;
FURTHHR R7 -,'S=D, that the Supervisor be and he hereby is
authorized and empowered in accordance with the Town Law constitu-
ting Chapter 62 of the Laws of the State of New York, Chapter 654
of the Laws of the State of New York of 1927 as amended by Chapter
627 of the Laws of New York of 1929, to borrow upon the faith and
credit of the Town of Mamaroneck the sure of not to exceed ae-3,500.
and to issue a temporary Certificate or Certificates of Indebtedness
in said amount, which s3aal1_ bear interest at not to exceed 6% per
annum; payable at such time or times as the Supervisor may determine
not exceeding, however, 18 months from the date hereof, and to sell
and dispose of said Certificate or Certificates of Indebtedness for
not less than the par value thereof;
FURTHHR RrSOLVED that such Certificate or Certificates of
Indebtedness shall be in substantially the form provided in a resolu-
tion heretofore adopted by this Board at a meeting held May 26, 1931
authorizing Nater Distribution Certificates of Indebtedness in the
principal amount of 127,500.;
FURTHHR RESOUTED, that the Town of Mamaroneck hereby coven-
ants to pay the principal and interest of said Certificate or Certi-
ficates of Indebtedness in the amount hereinabove provided as the
same shall become due by levying assessments upon property in the
Town of Mamaroneck at such time or times and in said amount as may
be necessary to pay said principal and interest and/or by the issuance
and sale of bonds therefor;
FUR=R ECSOL4ID, that the Town of Mamaroneck hereby further
covenants in case of a default in carrying out the foregoing covenants
that said Town will raise by taxing of taxable property in said Town
of Mamaroneck from time to time a sum or sums sufficient to pay the
principal and interest of said Certificate or Certificates of Indebt-
edness as the same shall become due.
Mr. Mercadante thereupon thanked the Board for its action.
The Supervisor stated that Mr. Mercadante°s cooperative and
helpful attitude in all his dealings with the town concerning the
Maple Hills Improvement deserved the appreciation and thanks of the
Board.
There being no other persons present who desired to address
the Board, the regular order of business was resumed.
......... .............................
The Supervisor stated he desired to bring before the Board
the situation concerning the Police Department and the Police Courts
concerning which there had recently been some publicity. He presented
a report embodying his views and requested the Clerk to read it.
The Clerk read the report. The Supervisor requested his report
be considered the final settlement of this matter and that it 'be
spread upon the minutes.
Upon motion by Justice Boyd, seconded by Justice Messer -
smith, it was unanimously
RESCL7ED, that the report of the Supervisor
in regard to the situation in the Police
Department and the Police Courts be received
and filed and spread upon the minutes and that
this be the final settlement in the matter.
The Supervisor's report follows:
" I am pleased to report to this Board that the apparent
differences of opinion between the responsible heads of the police
department and some of our Justices of the Peace are about to
desappear in the face of a common understanding.
(Insert'-bere belov, in red)
" The police department has complete confidence in all of
our judges. If they will arrange a division of the work agreeable to
all of them the police department will endeavor, as nearly as possible,
to cooperate with such an arrangement.
11 It is the attitude of the Police Commission that the
division of work by the Judges among themselves is a matter purely )-
of their own concern, for the convenience of the court, but the
Commission desires to go squarely on record as having equal confid-
ance in all of the judges and there will be no discrimination by
the police department.
18 After all we should all be interested solely in the
proper administration of the business of the police department as
a part of the business of the Town government, and I am confident
that the understanding I have just expressed is a step in that
direction"
insert SpeaxarjL for all three menoers of the Commission I
above can say with autnority that no aefltetion was ever intenaed
against any at our Judges 01 ally of the CoI:T.a SsionerS.
The Clerk presented a claim from the Automatic Voting
Machine Corporation in the amount of �e250.00 for the rental of two
voting machines used at the fall election. He stated that this
rental charge would be applied toward the purchase price of two
neve machines whenever the town desired to buy them. On these
terms, he recommended the approval of the claim.
Upon motion by Justice Boyd, seconded by Justice Messer -
smith, it was upon roll call unanimously
RBSCLVL'D, that the claim of the A.1.1toma.tic Voting
Machine Corporation in the amount"of:4,250.00 for
the rental of two voting machines be and it hereby
is ordered paid with the understanding that this
rental charge will be applied to the purchase
price of two new machines when and if they are
purchased.
A letter dated November 21st was received from Orson
A Raynor in regard to executive sessions of the Town Board and
other matters. Mr. Raynor, who was present, briefly addressed the
Board in connection with his letter which was thereupon ordered
placed on file.
A letter dated November 21st was received from John L.
Delius, Secretary of the Larchmont Gardens Association, inquiring
if the Board had done anything concerning the suggested acquisition
of the Larchmont Gardens clubhouse, grounds and lake. The Super-
visor declared that those to whom this matter had been hitherto
referred were considering the advisability of any capital expen-
ditures at this time and had as yet reached no decision. He de-
clared_ he would have more to report on this matter later.
A letter dated November 21st was received from the
Hartford Accident and Indemnity Company advising the Town that
it is handling and defending the action brought by Salvatore
Porcheddu vs Town of Mamaroneck, Policy No. PL -81720 - Claim
#182845. The letter was ordered received and ordered placed
on file.
The Clerk presented a certificate of returns of births
and deaths from October 1st, 1931 to September 30th , 1932 , where-
in the State Department of Health certified that there had been
registered by the State Health Department 19 birth certificates,
36 death certificates and 12 prompt reports. The communication
was ordered received and placed on file.
The Clerk inquired what action the Board proposed to
take in regard to repairing the roof of the Town Hall. The
Supervisor stated that a certain plan involving the town hall
was at present under consideration and that he would have more
to report about it later. The matter was ordered laid over.
The Clerk reported that St. Vito's Church in Mamaroneck
desired the use of the Weaver Street Fire House auditorium for
Boxing Bouts on December 15th. The matter was ordered referred
to the Fire House committee.
The Supervisor stated tliat at a meeting of the Town
Board held on November 16, 1932, he had been authorized to sell
1932 State, County, Town and District Certificates of Indebted-
ness in the amount of q-166,269.54 and that he had negotiated the
sale to George B. Gibbons & Co. of New York City of said Certi-
ficates in the principal amount of „.166,000. flat, said Certi-
ficates of Indebtedness to be dated November 25, 1933, to bear
interest at the rate of 54 per cent per annum, to be payable at
the Bankers Trust Company, New York City, to be numbered 1932-1-2
and 3 in the denomination of :x50,000. each and 1932-4 in the
denomination of x:16,000.
He stated that this would leave unsold and to be
hereafter negotiated, sold and issued by him of the total amount
of tax lien certificates heretofore authorized, a balance of
�-2b9.54, and when, as and if said certificates were sold by him
pursuant to said resolution of November 16, 1932, he would
advise the Board.
The following resolution was offered by Justice
MTessersmith and seconded by Justice Burbank:
RESCL777D, that the report of the Supervisor on the
sale and delivery of IiI66,000. principal amount of
1932 State, County, Town and District Tax Certificates
of Indebtedness be approved:
FURTHER R7SOL«°D that said resolution of November 16,
1932, remain in full force and effect as to the balance
of said tax certificates for the year 1932 unissued,
to wit, j,289.54 so that the same may be issued by the
Supervisor as in said resolution heretofore provided.
At 9:45 P.M. 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.
Town Clerk