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HomeMy WebLinkAbout1933_10_04 Town Board Minutes 245 MEETING OF TAE TOWN BOARD TOWN OF MAMARONECK,N.Y. held October 4th, 1933 At the Town Offices, 118 West Boston 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 Town Clerk Marvin The minutes of the meetings of May _3rd, June 7th, 14th and 21st were presented by the Clerk and approved as printed. The following resolution which was prepared by Counselor Gambe was duly moved and seconded and upon roll call unanimously approved as follows : WHEREAS Mr. Herman Wiebke has filed a claim with the Town Board in the amount of $86.111, alleging that Lot Nos. 19 to 23, inclusive , Block 38, Section 2 were assessed to the said Wiebke and that he paid 1932 State , County, Town and School taxes thereon and 1933 State, County and Town taxes, and WHEREAS the said Wiebke owns Lot Nos. 19, 20 and 21 but does not own Lot Nos. 22 and 239, which were previously - assessed to him and on which he erroneously paid the tax, and WHEREAS the claim filed by Mr. Wiebke is for a refund of the 1932 and 1933 taxes paid by him on said Lots Nos.22 &nd 23s NOW, THEREFORTE , upon the recommendation of the Receiver of Taxes and his approval as to the correctness of said claim, BE IT RESOLVED, that the aforesaid claim of Mr. Herman Wiebke in the amount of $86.11 be and the same hereby is approved and the Supervisor authorized to make payment of the same; FURTHER RESOLVFD, that the Receiver of Taxes and the Board of Assessors be and they hereby are authorized, empowered and directed to correct their books of record so that Lot Nos. l9, 20 and 21 will be assessed to Mr. Wiebke and to correct the assessment on Lot Nos. 22 and 23 to Mr. Wiebke ; FURTHER RESOLVED, that said officials be and they hereby are authorized and empowered to assess Lot Nos. 22 and 23 to the proper owner thereof, and that the payment of taxes on Lot Nos. 22 and 23 for the years 1932 and 1933 be can- celled and that the record show that the taxes for said years are open and unpaid. The following resolution which was prepared by Counselor Gamble was duly moved and seconded and upon roll call unanimously approved as follows : WHERRAS, Bonded Municipal Corporation has filed a claim with the Town Boaf°d in the amount of $55.17, being a refund to said claimant on a lien heretofore purchased on. Lot 4, Block '9, Section 6 on the assess- ment map of the Town of Mamaroneck on a 1930 State, County$ Town & School tax lien, purchased at the 1931 sale, which tax it would appear was placed on the assessment roll through error and which tax is defective and . invalid. ITOW, THEREFORE, on the recommendation, of the Receiver- of Taxes and on his approval as to the correctness of the claim, BE IT RESOLVED, that the aforesaid claim of the Bonded Municipal Corporation on the 1931 tax lien in the amount of $42.44, plus interest in the amount of $12.739, a total of $55.172 be and the same hereby is approved in said amount, the cost of foreclosure having been waived and the Supervisor authorized to make payment of the same , FURTHER RESOLVED, that the Receiver of Taxes and the Board of Assessors be and they hereby are authorized, empowered and directed to correct their books of record so as to eliminate Lot 4, Block 9, Section 6 therefrom. Claims totaling $400.00 for services as Veteran Relief Officer at the rate of $50.00 a month were received from J"ay H. Van Norden and upon roll call unanimously ordered referred to the Supervisor and Counsel with power. A letter dated September 27th was received from Robert W. Crawford, tendering his resignation as a member of the Police Commission of the Town of Mamaroneck, to take effect immediately. Upon motion by Justice Boyd, seconded by the Clerk, it was unanimously RESOLVED, that the resignation of Robert W. Crawford as a member of the Police Commission of the Town of Mamaroneck be received and accepted with regret. Upon motion by the Clerk seconded by Justice Burbank, it was upon roll call unanimously RESOLVED that Harry A. Arthur be and he hereby is appointed 'a member of the Police Commission of the Town of Mamaroneck to fill the vacancy created by the resignation of Robert W. Crawford; and be it further RESOLVED that before entering on the performance of the duties of his office he shall execute an official undertaking in the amount of $2,000.00. A letter dated September 19th was received from Public Welfare Officer DeVinne in regard to claims for rent alleged due Xicolo Faillace. The matter was upon roll call unanimously referred to Mr. DeVinne with power. The Supervisor announced the appointment of the committee authorized _at the meeting of the Town Board on September 16th to invest- . igate the matter of repairs at the Town Hall. He named to this committee Justices Leeds, Burbank and Boyd. 249 The Supervisor advised the Board that because of a typographical error and/or misunderstanding, the petition to the Board of Supervisors signed by the Town Board as well as the amendatory act passed by the Board of Supervisors on August 7th,; 1933, in regard to the $80tOOO.00 Highway Improvement bonds, Town of Mamaroneck - 1933 (Chatsworth Avenue and Rockingstone Avenue) fixed the place of payment of the bonds at the Trust Company of Larchmont or the Bankers Trust Company. For the sake of uniformity with the other bond issues authorized to be sold at the same time , it was desirables, he said, to change the place of payment to comply with the other resolution covering the other bond issues and to name the national City bank of the City of New York. He presented a petition addressed to the Board of Supervisors requesting that Section 2 of,Act. No. XXVII passed by the Board of Supervisors on August 7th, 1933; be amended accordingly. upon motion duly made and seconded the Board unanimously approved the petition and each member signed it. A petition dated September 20th addressed to the Town Board by the Board of Assessors, Town of Mamaroneck, was received requesting the Town Board, pursuant to subdivision fifth of Section 33 of the Westchester County Tax Act to grant the petition of J. Clifton Edgar for an agpottionm:- m_ent of assessment. Upon motion by the Clerk seconded by Justice Messersmith it was upon roll call unanimously RESOLVED, that upon the petition of the Board of Assessors of the Town of Mamaroneck, this Board do and it hereby does grant the petition of J. Clifton Edgar and hereby authorize, empower and direct the Board of Assessors of the Town of Mamaroneck to issue a certificate of apportionment against parcel 4a, Block 11, Section 7, for the year 1932 and to designate the parcel owned by the petitioner as Lot 4a1, Block ll, Section 7, in the same manner as the same has been. apportioned for the year 1933 and so to designate said parcel on the assessment map of the Town of Mamaroneck and to make an apportionment of the assessment of said parcel in the sum of p1,500.00. Justice Burbank advised the Board that the Fire House Committee had received preliminary estimated on the cost of installing a new furnace in the Fire House , occasioned by the wearing out of the old furnace and stated that the sum of approximately $850.00 would be required I or this purpose. Upon motion by Justice Burbank seconded by Justice Leeds, it was upon roll call unanimously RESOLVED st(f3EREAS investigation by the Fire House Committee discloses that a new furnace is necessary in the Fire House because the old furnace is worn out;. and WHFRFAS preliminary estimates indicate -that approx- imately $850.00 will be required for this purpose ; and - WHEREAS the budget appropriation for the Fire District is insufficient to cover the .amount required; and WHT E'AS there is an unanticipated surplus in the account for Miscellaneous Revenues ; now therefore , be it RESOLVED, that there be transferred from the account of Miscellaneous Revenues to the appropriation account of Fire District No. 1, the sum of not to exceed $850.00 for the purpose mentioned aforesaid and that the Super- visor be and he hereby is authorized to record such transfer in the books of record in his office ; and be it further 21 RESOLVED, that the matter of purchasing and installing said new furnace be and it hereby is referred to the Fire House Committee with power. A letter dated September 20th was received from Howell Co Perrin requesting the extension of the water main on Carleon Avenue in Howell Park to serve the two new houses now under construction on the extension of said avenue. After discussion, it was upon motion by Justice Boyd, seconded by Justice Leeds, upon roll call unanimously RESOLVED that the Westchester Joint Water Works, No. 1 be and it hereby is authorized, empowered and directed to install for the Town of Mamaroneck and charge the Town of Mamaroneck the. actual cost thereof as ascertained and approved by the Board of Trustees of said Westchester Joint Water Works , Igo. 1, an extension of the water main on Carleon Avenue , easterly along the extension of said Carleon Avenue to serve the to✓o new houses now under construction; and be it further RESOLVED, that this matter be referred to Superintendent John L. Coles for his attention, A letter dated September 19th was received from R. S. He Carthy, Forest and Rockland Avenues, Larchmont, commending Superint- endent of Highways John L. Coles for the efficient manner in which he recently corrected the drainage ' situation in front of the property. of Mr. McCarthy on Rockland Avenue. The communication was ordered placed on file and acknowledged with thanks. The Clerk presented an oral complaint from Mrs. C. A. Bentley, 1 Windsor Street, regarding the odors alleged to originate in the sewer main near her ro ert . The matter was ordered referred P p y to the Sever Commission. A letter dated September 25th was received from Fugane D. Wakeman, Larchmont Village Clerk, regarding the wading of the roadway on Harrison Drive. The matter was ordered referred to Super- i!tendent Coles: 0A Mpt?on of Justice Boyd, seconded by Justice Leeds, the following resolutions were adopted& WHEREAS the purchasers of the $64,000. Pine Brook Drainage bonds sold on August 22nd¢ 19332 have requested an extension of the period of time during which they may be permitted to take up and pay their said bonds , and WHEREAS it appears advisable to grant such extension of time , and WHEREAS five Certificates of Indebtedness of the Town aggrega- ting the principal amount of $50,000. issued July 1st,. 1933., to pay the Town of Mamaroneckts share of the cost of the construction of Pine Brook Drain, pursuant to Chapter 260 of the Laws of 1930 of the State of New York, mature on October lst, 1933, and WHEREAS said Certificates of Indebtedness are to be paid from the proceeds of said bond issue , NOW, THEREFORFr BE ST RESOLVED; 253 Section l® For the purpose of renewing the aforesaid Pine Brook Drain Certificates of Indebtedness Nos. 21 to 25, inclusive, in the principal amount of $503,000. of the Town of Mamaroneck, dated July 1, 1933 and maturing October :2, 19332 the Supervisor is hereby authorized to issue new Certificates of Indebtedness in an amount not exceeding $40,000. pursuant to the Laws of the State of New .York= including Chapter 260 of the haws of 1930. Section 2. The following matters in connection with said Certificates of Indebtedness are hereby determined:- Date - October 2nd, 1933. Maturity - December 1st, 1933. Denominations - Nos. 26, 27 and 28 in the amount of $101,000. each and Nos. 29 and 30 in the amount of $5000® each Interest Rate per annum - Six (6%) per cent. Form- As determined by resolutions heretofore adopted June 21st, 1933 and October 15th, 1932. , : Said Certificates shall be signed by the Supervisor and shall have the corporate seal affixed and attested by the Clerk. The Supervisor is hereby authorized to determine all matters in connection with said Certificates of Indebtedness, the determination of which is not otherwise provided , for, and his signature on such Certificates shall be conclus.ive :as ;to such,determination. The Supervisor is hereby authorized to sell such Certificates of Indebtedness at private sale at not less than par without advertise- ment or -public bidding and deliver the same to the purchaser upon receipt of the purchase price, plus accrued interest from the date of the Certificate to the date of the delivery , or in exchange for the surrender of the Certificates of Indebtedness. for the renewal of which these Certificates of Indebtedness are authorized. Section 3. Any instruments issued pursuant to these resolu- tions shall be a general obligation of the Town of Mamaroneck and the"_'_ faith and credit of the Town are hereby pledged to the punctual payment of the principal of and interest on said obligations and unless other- �,=rise paid or payment provided for, an amount sufficient for such pay- me n* shall be inserted in the Budget and a tax sufficient to _provide for the payment thereof shall be levied and collected. FURTHER RESOLVED, that the Supervisor be and he hereby is authorized and empowered to make payment on account of the said Cert- ificates of Indebtedness now outstanding in the amount of $509,000. to the amount of $10,000. in connection with obtaining a renewal or renewa23 thereon, if in his judgment a payment or payments is necessary. AYES: Burton, Boyd, Leeds* Mess.ersmith, Burbank, Marvin Nays: None The Supervisor advised the Board that he had sold the Certificates of Indebtedness hereinabove authorized in the principal amount of $409,000. to George B. Gibbons & Company at par and at a rate o' six per centum per annum, the same to be dated October 2nd, 1933 and to mature December let, 1933s, and to be delivered to the said George B. Gibbons & Company, together with a check for $10,000. plus accrued inter- est on the maturing Certificates of Indebtedness and to be delivered in exchange for the Certificates of Indebtedness maturing October 1, 19330 in the amount of $509000. On motion of Justice Messersmith, seconded by Justice Burbank, it was unanimously resolved that the report of the Supervisor be approved. At 5:20 P. M. the Board unanimously resolved to adjourn.