HomeMy WebLinkAbout1933_06_14 Town Board Minutes MIN=—S OF A RECESSED AITIFTING OF THE° TOWN BOARD
TOWN OFIEAMARO1MCK, NFW YORK
held June 14th, .1933
At the Town Offices , 118 West Post Rd. , Mamaroneck, N. Y.
The meeting was called to order by Supervisor Burton at
4 :40 P. M.
Present: Supervisor Burton
Justices Boyd , Leeds, Messersmith and Burbank
Torin Clerk Marvin
" The presence was also noted of Counselor Gamble.
A letter dated June 8th was received from Lawrence S.
Greenbaum, requesting permission to obtain water on the property of
Mrs. Therese A. Prince on Old Wjai.te Plains Road. The matter was
ordered referred to the Supervisor and Counsel with power.
The following resolution was moved by Justice Boyd,
seconded by Justice Messersmith and upon roll call unanimously
approved as follows :
WHTRrAS, by an order dated November 27, 1928,
after a hearing upon notice duly given according
to law, this Board duly established Weaver Street
Sidewalk District No. 1, in the Town of Mamaroneck,
New York, and duly authorized the construction of
a concrete sidewalk within said District pursuant
to the provisions of Article 11-a of the Town Law;
and
WHFRFAS, such steps and proceedings were thereafter
duly had and taken that said sidewalk was constructed
and the cost thereof apportioned and assessed partly
against the lands and premises fronting on Weaver
Street and partly against the other lands and premises
situated within said District, as provided by Section
253 of the Town Law; and
WHEREAS, a part of the cost of said improvement was
apportioned and assessed against the right-of-way be-
longing to the New York, New Haven & Hartford Railroad
Company situated along Weaver Street, in said District;
and
WHEREAS, this Board has heretofore received from said
New York, New Haven & Hartford Railroad Company a
complaint protesting against said assessment and request-
- ing that the same be vacated and cancelled; and
WHEREAS,. it now appears to the satisfaction of this
Board that the right-of-way belonging to said New
York, New Haven & Hartford Railroad Company is not
assessable for any part of the cost of said improvement;
- - NOW, THEREFORE, it is
13'f
RT,SOLVFD, that Lle sidewalk assessment apportioned and
assessed against the right-of-way belonging to the
New York, New haven & Hartford Railroad Company to
pay the cost of constructing a concrete sidewalk
along Weaver Street within said Weaver Street Sidewalk
District No. 1, in said Town, levied on January 209,
1931, be and the same hereby is in all respects vacated
and cancelled, and the Receiver of Taxes is hereby
directed to mark the assessment roll accordingly; and
it is further
RFSCLVFD, that 75% of the amount assessed against said
right-of-way be apportioned and assessed against the
property fronting on Weaver Street, and that the
remainder, - 25/01o' thereof, - be apportioned and assessed
against all other property within said Sidewalk District,
and the Supervisor is hereby authorized, empowered and
directed to carry into effect the foregoing resolutions.
The question of the adoption of the foregoing resolutions
was put to a vote which resulted as follows:
Ayes: 6
Noes: None
The Chair declared the resolutions unanimously adopted.
A letter dated June 9th was received from Special Counselor
J. Henry Fsser, requesting the Town Board to approve immediately the
claims against the sureties on the bonds of Lanza and Johnson, in
accordance with the terms of his letter of May 26th. The following
resolution as prepared by Special Counselor Esser was moved by Justice
Leeds, seconded by Justice Burbank and upon roll call unanimously
approved as follows :
RFSOLVFD, that the report of J. Henry Isserr Special
-- Counsel, regarding the shortages in the accounts of
Santo Lanza and George F. Johnson, for the years 1928
and 1929 dated 'May 26,. 1933, be approved and spread
on the minutes of this meeting.
FURTHER RFSOLVFD, that the proposed claim and demands
upon the National Surety Company and New Amsterdam
Casualty Company presented with said report, be approved
and the Supervisor is hereby authorized and directed
to execute the same on behalf of the Town and cause the
same to be presented to said respective surety companies.
FURTHER RFSOLVFD, that after presentation of the said
claims, said attorney be, and he hereby as authorized
and directed in the name of the Town, or its proper
officers, to make such demands and institute such steps
and proceedings and commence such actions as he may deem
necessary and proper to recover for the Town upon said
bonds or obligations.
The report of Special Counselor 7sser follows.
_ LAW OFFI CF
J. HENRY FSSFR
Ten Fiske Place
Mount Vernon, N. Y.
May 26 , 1933.
Town Board,,
Town of Mamaroneck,
Yamaroneck,. N. Y.
Gentlemen;
A copy of the report of examination of the Receiver of
Taxes made by the Bureau of municipal Accounts of the Department of
Audit and Control filed in the office of the Town Clerk on March
14,1933, has been forwarded to this office for the purpose of
-.-- presentation of claims to the surety companies on the bonds of
Johnson and Lanza for the years 1928 and 1929.
I present to you herewith for your approval two separate
claims against the sureties for Santo Lanza and George F. Johnson.
The total amount of the shortages reported as a result of the above
examination total $8,858.81. of this amount the sum of $1515.29 was
collected during the year 1930 and for which we cannot make any further
claim upon the National Surety Company for the reason that we have
relieved it of liability under its bond for the year 1930 and 1931.
However, as to Johnson *s surety we can still include this amount on
our proof of claim, but inasmuch as the total shortage exceeds the
amount of the bonds it would be futile to include this additional
$1515.29.
r shall require a resolution of your honorable Hoard approv-
ing the claims and demands upon the surety companies and an authoriz-
ation to the Supervisor to direct and execute the same on behalf of
the town and to cause the same to be presented to the respective
surety companies.
Your resolution of approval should also authorize the
commencement of actions upon these claims unless promptly settled.
At a future date Z shall make an additional report to you
upon the status of the shortages of both Lanza and Johnson.
Very truly yours
(signed) J. Henry Fsser.
A letter dated June 13th was received from R. J. Whitney,
Village Manager of Kamaroneck, advising the Town Board of the charges
to be madefor bathing, etc. by residents of the Town of Mamaroneck
residing outside the Village of Mamaroneck limits. The letter was
ordered received and acknowledged with an expression of thanks and
appreciation from the Town hoard.
Justice Burbank reported on behalf of the Committee hereto-
fore appointed in the matter of a stone wall along the property line
of James F. Clark, 17 Huguenot ]give. He stated that the committee
had dewed the wall, that it was on private property and that it was
a matter of private interest only.
Counselor Gamble presented to the Board a report on the
outstanding features of the new Town Law. The Board thereupon con-
sidered what action, if any, it would take regarding these new features.
upon motion by Justice Boyd, seconded by Justice Burbank,
it was upon roll call unanimously
HFSOLVFD, that the office of Town Clerk in the
Town of Mamaroneck remain an elective office.
Upon motion by Justice Boyd, seconded by the Clerk, zt was
unanimously
RFSOLVFD, that the Town of Mamaroneck have four
Councilmen.
141
Upon motion by the Clerk, seconded by Justice Leeds, it was
upon roll call unanimously
R*_FSOLVFDr that the Ward System be not adopted by the
Town of 1Lamaroneck6
Upon motion by Justice -Boyd, seconded by Justice J3urbankt
- - it was upon roll call unanimously
Rfl'SOLVHD, pursuant to Subdivision 3 of Section 341 of
- the New Town Law, to wit, Chapter 634 of the Laws of
1932, as amended by Chapter 751 of the Laws of 1933,
that the office of Town Superintendent of Highways
of the Town of Fdamaf-oneck shall be an appointive office.
The matter of pasting copies of the above resolution as
required by the new Town Law, was by resolution, upon roll call,:
unanimously referred to Counsel and the Clerk.
Upon motion by Justice Messersmith, seconded by Justice
Burbank, it was upon roll call unanimously
R.TSOLTT?D, that one Justice of the Peace be elected in
the Town of Vamaroneck this fall with a view to est-
ablishing a "stagger systemt1 for the offices of
Justices of the Peace.
Justice Yessersmith moved that Supervisor Burton vacate the
chair and that Justice Boyd assume the chair temporarily. The motion
was seconded by the Clerk and carried.
Justice Boyd_ thereupon assumed the chair.
Justice messersmith thereupon moved a resolution, which was
seconded by the Clerk, that the Board express its pleasure at the
-- return of the Supervisor to the Board following his recent serious
illness. The resolution was unanimously carried by a rising vote.
The Supervisor expressed his sincere thanks for the action of the
Board.
At 5 P. Tut. 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