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