HomeMy WebLinkAbout1933_03_01 Town Board Minutes 9
vi'' TITiG OF THE TOW17 i30_�RD
TOie!l OF 10,YARCEECK, N. Y.
H7LD March 1st, 1933
at the Tovn Offices , 118 Vest Post Rd. , Mamaroneck, N.Y.
The meeting was called to order by Supervisor Burton at
— 9 : 5 0 P, Y.
` Present : Supervisor Burton
Justices Boyd, Leeds , Kessersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Gamble.
The regular order of business was suspended in order to
hear Chief-Captain Donald C. Hone of the Weaver Street Fire Com-
pany who desired to address the Board.
Chief-Captain Howe repeated his request hitherto made to
the Board for the purchase of 1, 000 feet of fire hose. He stated
that the need for this hose was iri!peiative. Upon motion by Justice
Burbank, seconded by Justice IVessersmith, it was upon roll call
unanimously
RESOLVED, that the matter of purchasing 1,000 feet
of Eureka hose at a cost not to exceed 1.1. 10 per foot ,
be and it nereby is referred to the Fire House Committee
with power.
There being no other persons present who desired to
address the Board, the regular order of business was resumed.
A claim in the amount of ?160. 53 was received from Nrs.
Irena B. Yills for refund of taxes and ordered referred to Counsel.
Counselor Gamble reported favorably on the claim of the
Greater New York—Suffolk Title and Guarantee Co. for refund of
taxes and presenter~ a. resolution approving aaid claim, which resolu-
tion was , upon roll call, unanimously ordered approved as follows :
iHRfir'_S a claim has been presented by the Greater
New York-Suffolk Title and Guarantee Company for an overpayment
made in paying the 1932 State , County and Town taxes on Lots 14
and 15 , Block 53, Section 9, which overpayment was made through
an error, and
Wi—=pZ the Receiver of Taxes has checked the claim and
has approved the same,
THEREFORE , BE IT f=01IFED, that the aforesaid claim is
hereby approved and the Supervisor be and he hereby is authorized,
empowered and directed to make payment of the same.
A. letter dated February 28th was received from Doiinic
Nardechia, 42 Old White Plains Rd. , Mamaroneck, regarding payment
of taxes on Lot 7, Block 79 , Section 8, assessed to his wife, Hilda
ITardechia. The matter was ordered referred to Counsel.
A. letter crated February 16th was received from S. Roger
Mitchell & Go. , Certified Public Accountants of I.Vhite Plains, re-
garding an audit of the town accounts. The letter was ordered
received and placed on file .
The Clerk inquired what the Board proposed to do about
having a, periodic audit of the town' s accounts made by a certified
public Accountant , in accordance with the appropriation therefor
in the 1933 budget. He stated that he thought definite steps
should be taken toward having this audit made. After discussion,
it vuas upon notion by Justice Iiessersmith, seconded by Justice
Burbank, unanimously
RESOL7ED, that the Supervisor be and he hereby
is requested to obtain a, proposal and estimate
of the extent and cost of a periodic audit of
the town' s accounts , in accordance with the
intention of the Board when it prepared the 1933
budget, and to report back to the Town Board.
The report of the Receiver of Taxes for the month
of February was received and ordered placed on file.
The Clerk advised the Board that the Trustees of the
Police Pension Fund had not been reappointed for the current year
beginning October lst, 1932. He stated that two of the three members
of the Pension Fund were designated by law, towit : the Supervisor
and the Chief of Police and that the Baird member of the fund was
required by law to be a member of the Town Board and was in fact
Justice Lessersmith whose terra of office is one year.
Upon motion by the Clerk, weconded by Justice Boyd, it
was unanimously
EZ_SOLVED, that the three members of the Police
Pension, Fund., towit : the Supervisor, the Chief
of Police and Justice Yessersmith, be and they
hereby are appointed to succeed themselves for
the term of one year beginning October let , 1932,
The Clerk advised the Board that he had been requested by
certain_ other persons who work in the Town Offices to inquire if the
Board proposed to install screens in the Town Offices for the coming
summer. The Clerk was directed to make a survey of the situation
and report back to the Board.
A letter dated February 17th was received from hir. William
J. Yarmy of Soundview Garden kpartments , Mamaroneck, making applica®
tion for the position of constable in the Town of Mamaroneck to fill
the vacancy caused by the death of Constable John A. Thomas. In
support of his application Mr. Yarmy submitted written recommenda-
tions for the position from the following persons : Louis Zingisser,
Chas. 1. Baxter, Jr. , Fred H. Rubin, and James Bennett. The Super-
visor stated that he knew 1dr. Yarmy and was glad to recommend his
appointment.
Upon motion by Justice FdIessersmith, seconded by Justice
Burbank it was upon -roll call unanimously
?RESOLZEI:, that Ivir. William J. Yarmy be and he
hereby is appointed constable of the Town of
biammaroneck to fill the unexpired term-of late
John A. Thomas and be it further"
RFSOLTI , that the matter of a bond for Tir. Yarmy
be referred to the Clerk.
A. claim was received from Special Counselor J. Henry
Esser in the amount of .1;.1, 000. 00 on account of services and dis-
bursements in the matter of the defalcations of Santo Lanza, as
Receiver of Taxes , and George T• Johnson, as Deputy Receiver.
After discussion, it was upon motion by Justice 1desser-
smith, seconded by Justice Burbank, upon roll call unanimously
i,ESOL«Fr, that the claim of Special Counselor J.
Henry Esser as described above be and it hereby
is ordered paid a.z on account provided that Counselor
Gamble approves the Paying of this claim from the
monies already recovered from the sureties .
A, claim was received from Jay Van Norden, Welfare Officer of
I[amaroneck Post #1156 of the Veterans of Foreign wars , for x;225. being
compensation at the rate of ; 25. 00 per month, for the months of April
through December for services rendered to the town as welfare officer
of the most in connection with the administration of the Town Public
Welfare. After discussion this claim was ordered laid on the table.
The Supervisor advised the Board that the sum of :44s34€i.25
was included in the county levy to be paid by the town this year as the
townts share of the cost of the right-o£-way for good roads , being
principally for the Boston Post Road. He declared that the town could-
either include this amount in its 1933 levy for State, County, Town and
District purposes or else pay it by means of an issue of certificates
of Indebtedness or bonds. Upon motion by Justice Messersmith, seconded
by Justice Boyd, it was upon roll call unanimously
R1'S01=7 , that the aoove .described levy of �}44, 346. 25
be and it hereby is ordered paid by an issue of .bonds
- extending over a term not exceeding 15 years ; and be
it further
PZSC=, that Counsel be and he hereby is authorized
to prepare the necessary resolutions for a, bond issue .
RTSC'LUTICI% ADOPTED BY TES, TG`t,'N BtsP:D OF I= TC7PN CF
LLQ,iu"mRCNFCK, MARCH. 1 , 1933
Supervisor Burton advised the board that he had given
consideration to the advisability of having an act 'prepared which
would authorize the Town of Mamaroneck to issue bonds for its share
of the Iamaroneck Valley Sewer District Tax levied and to be levied
by the County of Fiestchester for the years nineteen hundred thirty-
two and nineteen hundred thirty-three . He stated that , in his
opinion , it would be proper to have these assessments paid by a
bond issue "because of the following stated facts .
At the time the assessment of nineteen hundred thirty-two
was levied, that portion of the Village of Mamaroneck within the
Town of Mamaroneck and only a portion of the unincorporated sec-
tion of the Town of Mamaroneck, and of Sewer District No. 1 of the
Town of Mamaroneck was included in the Mamaroneck Valley Sewer
District and only a portion of the Village of Mamaroneck lying
within said district was receiving the benefit of the sewer dis-
posal plant in the Village of Mamaroneck on the Boston Post Road.
That portion of the Town of Mamaroneck within said county sewer
district was being served by Sewer District No. 1 of the Town of
Mamaroneck and paying a tax therefor and receiving no benefit from
the county system. In his oivinion, if the assessment had been
levied last year , there would have been double taxation for sewer
purposes.
He stated that , since that time in connection with the
negotiations with the county of Westohester to take over the trunk
lire sewers of the Town of D-azaaroneck and the contract entered into
in the sale thereof thereafter, the Mamaroneck Valley Sewer District
has been extenaed to include therein the balance of Sewer District
No. 1 of the Town of Jfiamaroneck, and, in fact, all of that portion
of the unincorporated section of the Town of Mamaroneck and that
at the present time the entire unincorporated section of the Town
of Mamaroneck and that portion of the Village of amaroneok lying
in the Town of Yama.roneck was in said county sewer ais.trict leaving
out thereof only the (tillage of LarcAmont.
The terms of sale of the trunk line sewers of the Town
of Mamaroneck to the county provide that the county will take over
said trunk line sewers and operate the pumping and disposal plants
of Sewer District No. l of the Town of Mamaroneck during the year
of nineteen hundred thirty- three and not later than January eigh-
teenth, nineteen hundred thirty-four and, meanwhile , said Sewer
District No . 1 of the Town of Mamaroneck must operate the same and
pay the costs and taxes in connection therewith and will receive
no benefit from the county system until said sewer lines are con-
nected to the disposal plant in the Village of Mamaroneck and the
county takes over the pumping plants which would result again in
. double taxation if said nineteen hundred thirty-three tax was levied
on that portion of the Town of Mamaroneck in said Mamaroneck Valley
Sevier District and, in addition thereto, that the Boara of Trustees
of the Village of Larchmont were studying the matter of having the
Village of Larchmont included in said Mamaroneck Valley Sewer Dis-
trict and having its disposal and pumping plant taken over and Op-
erated by the county sanitary xA& sewer commission and in the event
that the Village of Larchmont should. decide to enter the county
system and the county should ex tend the district to include the Vil-
lage of Larchmont, the annexation would probably be made during the
current year so that at the end of the year at the time the town
trunk line sewers are taken over by the county, they would take over
at the same time certain portions of the disposal and pumping plant
of the ?pillage of Larchmont.
Supervisor stated. that , in his opinion , in the levying of
the nineteen hundred and thirty-two and nineteen hundred thirty-three
county sewer tax, it would be inequitable to the =:communities= affected.
Under a similar set of circumstances which arose last year in the
City of Mount Vernon in connection with a tax levied by the county
against said city for the cost of construction within the city of
Mount Vernon of the Hutchinson Valley Sewer District that an a_ct had
been passed by the Legislature authorizing the City of Mount Vernon
to issue bonds to pay said proportional share of said tax and had
been signed by the governor. Supervisor presented an act authori-
zing the Town of Mamaroneck to issue bonds to pay its proportional
share of the nineteen hundred thirty-two and nineteen hundred
thirty-three assessments proposed by the county of Westchester for
the construction of the sanitary trunk sewer in the Mamaroneck `Pal-
ley Sewer District in the aggregate amount not to exceed one hundred
sixty-nine thousand nine hundred and forty-seven dollars (5;:169, 947. 00) ,
said bonds to become due in annuals of installments commencing not
later than one year after date and to mature in a period not to ex-
oeed ten years from date .
After a motion duly seconded, it was resolved that the
report of the Supervisor be received and approved. It was further
resolved that aforesaid act presented by the Supervisor be approved
and the Town Clerk requestea to forward copies of said act to the
Senator and Assemblyman representing this district in the New York ,
State Legislature with the request that they introduce same and en-
deavor to have same enacted into law. It was further resolved that
the clerk forward copies of the act and certified copies of this
resolution.
The Supervisor advised the Board that during the past few
years .a number of permanent improvements had been undertaken and
temporarily financed by the issuance of certificates of indebtedness ;
that it was not practicable or advisable for the town to continue
renewing these certiticatea of indebtedness indefinitely, and that
it would be to the best interests of the town to undertake as soon as
practicable , a permanent financing of these improvements , to-wit:
by means of an issue of long term bonds . He requested that Counsel
be authorizea to prepare the necessary resolutions in anticipation of
the marketing of these bonds when, as , and if market conditions become
more propitious .
The Supervisor stated that the matters were as follows :
1 . Highway bonds to pay the cost of the paving of
Chatsworth Avenue , heretofore authorized in the
amount of not to exceed 180,000.
2. 1931 Deficiency bonds heretofore authorized by
the Town Board to be issued under the provisions
of Section 149 of the Town Law as amended in the
amount of :h425 , 000.
3. Bonds to pay the cost of the Town' s share of the
Mamaroneck Avenue Bridge heretofore authorized in
the amount of not to exceed Q , 000-
4. Bonds heretofore authorized in the amount oQ40, 000
fox the purpose of paying the Town' s share of the
cost of construction of Palmer Avenue Extension
known: as County Road 67-2 in the amount of not to
exceed. 40 ,000- fresolution authorizing a bond issue
in the above amount having heretofore been authorized
and approved by this Board) .
The Supervisor stated that he recommended that if possible
these various issues be consolidated into one or TWO issues -
Upon motion, duly seconder:, it was
R7:10EVED that Counsel be authorized, empowered and
directed to prepare the necessary resolutions providing the
necessary authorization for the isssuance of bonds covering the
above named improvements and/or projects so that this Board may
at such time as market conditions warrant approve the same and
provide for the issuance and sale of bonds as herein provided.
The Supervisor further stated that further funds were
requirea for the Town due to the unparalleled econooic situation
to provide further funds with which to care for work and/or
home relief under the provisions of the Emergency Unemployment
Relief Act , to wit , Chapter 798 of the Laws of 1931.
He stated that he had been advisea that said Act had
been amended by the present Session of the Legislatures
which provided among other things for the refund by a municip-
ality of obligations heretofore or hereafter incurred under
the Emergency Unemployment Act , which would allow municipalit-
ies to issue obligations under said Act for a term not exceeding
10 years , and which further authorized the issuance and sale of
bonds , the proceeds of same to be used for work and/or home relief,
so that all of said moneys would not as heretofore have to come
out of the current budget.
He stated that it was difficult to advise the Board
at this time as to the total amount which would be needed during
the current year for wbrs and/or home relief, as the amount there-
of would be determined by the general economic conditions and the
possible upturn thereof.
He therefore recommended that the Town authorize bonds
in the amount of not to exceed ;;501000. to be issued and sold
under the provisions of Chapter 798 of the Laws of 1931 as amended,
known as the 7mergency Unemployment Act .
The following resolution was offered by Justice Boyd and
seconded by Justice Leeds : `
R SCL?y' , that the Town of 1Kam_aroneck and the
supervisor thereof is hereby authorized and empowered to
issue bonds of the Town of Yamaroneck upon its faith and
credit in the amount of 00000. and to sell or cause
the same to be sold at not less than their par value
for the best price obtainable ; said bonds to be issued
under and to the provisions of Chapter 798 of the
Laws of 19 31, ( to wit , the Emergency Unemployment Oct)
as amended, to provide funds for work and/or horns relief
as provided in said Act .
FITITI-= z SCL77=, that Counsel be and he hereby
is authorized, empowered and directed to prepare the
necessary resolutions for submission to this Board
providing for the issuance and sale of said bonds as
herein provided.
The Supervisor further stated to the Board that he
had just been advised by the County Treasurer that in connection
with the purchase of additional landtfor trights ofr way
reoanand other
purposes in connection with. the
of that portion of the Boston Post Road situated in the Town of
yamaroneck, charged by the County of "e55cofster to theyToVwM Law , the
--- pursuant to the provisions of Section
that the additional share or cost to the Town ove�L�n362b27e and
amounts heretofore paid by the Town therefor was y, _ ,
as there heretofore
no funds available therefor and. that as the balance
of said improvement had been paid. by the assforcthenTownitooaubtho-
under the Higheay Law, it will be necessary
rize the issuance and sale of bonds to provide funds to make pay-
ment to the County of the amount of the share of the Town as
hereinabVe stated.
On motion of Justice Boyd, seconded by Justice heeds ,
it was
ASCLVED, that for the purpose of providing funds
to pay the share of the Town of Mamaroneck of the addi-
tional cost of the acquisition by purchase or condemna-
tion of the lands required for rights of way and other
purposes in connection with the construction or recon-
struction of that P.Ortion of the Boston Post Road situ-
ate in the Town of Mamaroneck and charged to the Town
of Mamaroneck by the County of Westchester , bonds of the
Town of Mamaroneck in the principal amount of :j';:45 , 000 shall
be issued, pursuant to the provisions of Section 155a of
the Highway Law.
FURTP-R R:,jSi'L777D that Counsel be and he hereby is authorized
empowered and directed to take the necessary legal steps
and to prepare the necessary resolutions for presentation
to this Board so that the necessary action may be taken by
this Board to authorize the issuance and sale of bonds in
said amount to provide funds so that the Town may pay to the
County of Westchester its share of the cost of the construc-
tion and/or reconstruction of the Boston Post road within
the Town of Mamaroneck as herein provided.
Counselor Gamble advised the Board that the matter of
adequate fire protection in Dean Place , which matter had been re-
ferred to him at a previous meeting, would be properly taken care of
by the inclusion of a clause for mutuality of access to hydrants in
or near Dean Place in the contract which the town is contemplating
making with the Tillage of Larchrmont , regarding the title to and care
and maintenance of Dean Place , a matter on which e he reported at the
meeting of the Joint Town Board earlier the g.
At 11: 40 P. N. the BMW unanimously resolved to recess to
meet again at the call of the chair to take up such matters as
might properly come before it.
W —
Town Cleric. �