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HomeMy WebLinkAbout1933_02_01 Town Board Minutes PT 3 ffiEETING OF TIE' TOWN BOARD TOWN OF MAMARONECK, N. Y. held February 1st, 1933. The meeting was called to order by Supervisor Burton at 9:20 P. M. Present: Supervisor Burton Justices Boyds Leeds, Messersmith and Burbank Town Clerk Marvin The presence was also noted of Counselor Gamble. The Clerk presented the minutes of September 6th, 7th, 28th, October 5th¢ November 16ths 29th, which were unanimously , ordered approved as printed. A letter dated February 11, 1933 was received from Special Counselor J. Henry 7?sser advising the Board of the payment in full by the National Surety Company of the $20,000.00 Surety Bond for Santo Lanza, former Receiver of Taxes, covering the years 1930-1931. He also enclosed copy of a proposed act authorizing the Town Board to issue not more than $401,000.00 of Five Year Bonds to cover any shortage in the tax office ,, owing to the defalcation of Santo Lanza and George Johnson, his deputy. The Supervisor reported to the Board the present situation in connection with the audit of the accounts of the Receiver of Taxes by the State Comptroller's office . He stated that he had conferred with special counsel in the matter, who had recommended that an act be drafted for presentation to the Legislatures an "act authorizing the, Town Board to issue bonds in an amount of not to exceed $40,000.00 to meet the deficiencies caused by the defalcation of the Receiver of Taxes and providing a tax for the payment of said bonds." He stated that he and Counselor Esser had conferred wi.th the auditors for the State Comptroller and that in his opinion an act authorizing an issue of bonds in said maximum would be sufficient to enable the Town Board to balance its budget after the receipt of the amount to be collected from the surety companies on the bonds and the claim against the First National Bank and Trust Company. The. Supervisor further stated that in his opinion the Town should not be left without authority to balance its budget if nec- essity required it, in the event that the amount to be received from the surety companies was not sufficient. He presented an act prepared by Counsel. Upon motion, duly seconded, it was RFSOLVEDs, that the Town Board of the Town of Mamaroneck hereby approves of an Act entitled "An Act to authorize the town board of the town of Mamaroneck,, Westchester county, to issue forty thousand dollars bonds to meet deficiencies in town funds caused by the defalcation of the receiver. of taxes, and providing a tax for the payment of such bonds" presented by the Supervisor. FURTIM RESOLVED, that the representatives in the State Legislature from this County be requested to introduce the same in the State Legislature and to use all honorable means to secure the adoption and passage of said bill by said Legislature. A letter dated January 28th was received from A. Roth, an auctioneer of 306 North Avenue , New Rochelle , requesting permission to conduct an auction sale of household furnishings for the owner of the property located at 17 Maple Hill Driven Larchmont, the sale to begin February 4th, at 10:30 A. M. , and to continue: until all furnish- ings are sold. On motion duly made and seconded, it was unanimously RESOLVED, that permission be granted to A. R. Roth to conduct an auction sale, as above described, for a period not to exceed two weeks and to include only articles now on the premises. ; A certified copy was received from the Board of Appeals of the Town of Mamaroneck of the minutes of its meeting of January 26th, 19339, at which meeting the: .Board petitioned the Town Board to deny two applications for rezoning which had been previously referred to it for recommendation. These applications were as follows: (alrezonirg of Harding Drive from a Class A one-family residential district to a Class A-2, tw8-family residential district; (b) rezoning property at 175 Myrtle Blvd. from a Class C business district to a Class D commercial district. On motion by Justice Messersmith, seconded by Justice Leeds, it was upon roll call unanimously - RESOLVED, that the recommendations above de=scribed of the Board of Appeals be received and filed. On motion by Justice Messersmith¢ seconded by Justice Burbank, it was upon roll call unanimously - RESOLVED, that on the recommendation of the Board of Appeals, the application for rezoning of Harding -- Drive from a Class A one-family residential district to a Blass A-2 two-family residential district be. and it hereby is denied. On motion by Justice Messersmith, seconded by the Clerk, it was unanimously RPSOLVED, that the application for rezoning the property at 175 Myrtle Blvd. from a Class C business district to 'a Class D commercial district be and it hereby is ordered laid on the table. The reports of the Receiver of Taxes for the months of December and January were received and ordered placed on file. The Clerk advised the Board that he had been served with a Summons and Complaint in the action of Garden Properties, Inc. vs. John Macri, et al, regarding a foreclosure of tax lien. The matter was ordered referred to Counsel. The Supervisor stated to the Board that in accordance with the resolution heretofore passed by this Board and advice given to the Board in connection with the negotiations which had been parried on between the Sewer Commission and the Town Board through its Committee appointed by this Board, consisting of.himself, Chairman Stevens and ® Counsel, with the Westchester County Sanitary Sewer Commission, for the transfer and sale by the Town to the County of certain trunk line sewers, real property, easements, pump houses and other accessories used and maintained by the Sewer Commission in connection with said trunk line sewers, that he was very glad to advise the Board that the contract had been consummated and executed by the County of Westchester acting through the Westchester County Sewer 06=tissiont . the Board'of" Sewer. Commissioners of Sewer District No. 1 and by the Town, said contract being dated January 18, 1933. He presented a copy of the contract to the Board and stated that the contract was substantially in accordance with the draft of the contract which he had submitted to the Board at a recent meeting. He stated that the contract had annexed thereto a deed of all of the properties described in said contract which had been executed by him as Supervisor and by the Board of Sewer Commissioners, which deed was likewise dated January 18, 1933, and conveyed said properties to the County of Westchester. He stated that said deed would be held in escrow by the Town Clerk pending the closing of said contract. He further stated that the consideration which the County of Westchester had agreed to pay, as in said contract provided, was $403,464.51, and that said contract further provided that title would close on or before May Lst, 1933. The Supervisor further stated that the approved by the Board of Sewer Commissioners of and requested that this Board ratify and approve the taking of such action by the Supervisor in c might be necessary, including the execution of d He recommended that a copy of the contract be of full so that it would be in the permanent record contract had been Sewer District Ra. 1 the same and authorize onnection therewith as eeds and other documents. fixed to the minutes in s of the Town. He further stated that he believed the consummation of this transaction would greatly inure to the benefit of the Town of Mamaroneck and Sewer District No. 1. Upon motion, the following resolution was offered by Justice Burbank and was seconded by Justice Leeds : RFSOLVFD THAT THIS Board approves of the sale and transfer of all of the property, rights and privileges or franchises and/or interest therein or a part thereof now owned by the Town of Mamaroneck and/or the Board of — Sewer Commissioners of Sewer District Mo. 1 of the Town of Mamaroneck, upon substantially the terms andeofaditions set forth in the form of contract dated January 18, 1933, by and between the Town of Mamaroneck, the Board of Sewer Commissioners of Sewer District ado. 1 of the Town of Mamaroneck and the County of Westchester, submitted to the Board at this meetings and all of the covenants, conditions and agreements therein contained and that the action of the Supervisor and the Town Clerk in executing and delivering said contract in the name of the Town and on its behalf and under its corporate seal be and the same hereby is ratified and approved; FURTHTR RFSOLVFD, that this Board hereby ratifies and approves of the action of the Supervisor and/or the Town Clerk and/or the Board of Sewer Commissioners of Sewer District Yo. 1 of the Town of Mamaroneck in executing a deed dated January 18, 1933, by the Town of Mamaroneck and/or the Board of Sewer Commissioners of Sewer District No. 1 of the Town of Mamaroneck to the County of Westchester of all of the property, rights, privileges and franchises or interest therein or a part thereof to the County of Westchester as provided in said contract between said parties dated January 18, 1933, and as set forth in the aforesaid deed of January 18, 1933; FURTHER RESOLVED, that the Supervisor and Counsel and Town Clerk and the Board of Sewer Commissioners of Sewer District No. l of the Town of 5iamarone-ck be and they hereby are authorized, empowered and directed to do any and all _things necessary or in their judgment desirable to effectuate the foregoing resolutions and to accomplish the performance by the Town and/or the Sewer Commission of its obligations under said contract and/or deed with the County of Westchester, including the execution and delivery of such further or other deeds , documents:, contracts Est other_agreements which they may deem in their discretion to be necessary or advisable to consummate and to carry into full force and effect the aforesaid agreement and transfer to the County. FURTHER RESOLVED, that the Supervisor be and he hereby is authorized, empowered and directed to accept payment of the purchase price as provided in said contract upon the delivery of the aforesaid documents. FURTHER RESOLVED, that a full copy of said contract hereimabove referred to be annexed to and made a part of these minutes. The Town Clerk thereupon called the roll and the following voted in the affirmative : Supervisor. Burton, justices Boyd, Leeds, Messersmith and Burbank; Town Clerk Marvin No — None The Supervisor thereupon declared the above resolution unanimously adopted. At 9:50 F. 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 the Board. Town Clerk