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HomeMy WebLinkAbout1933_12_29 Town Board Minutes SPECIAL MEETING OF THE" TOWIT BOARD TOWIT OF MAMARONECii, ID7 YORK H,^LD DEMM—TR 29TH, 1933. At the Town Offices , 118 West Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor Burton at 2 -45 P. M. Present : Supervisor Burton Justices Boyd, Leeds and Burbank Town Clerk Marvin The presence was also noted of Counselor Gamble and Superint- endent of Highways Coles. A letter dated December 21st was received from the ITew Rochelle Water Company in regard to the installation of Yire hydrants on Premium Point, together with a form of contract covering said installation. Superintendent Coles stated he recommended approval of the contract. The Board unanimously resolved to recommend approval of the contract to the new board and to lay over the matter for its consider- ation. Superintendent Coles submitted an inventory of the tools, machinery, equipment, etc. of the Highway Department on hand as of this date. The inventory was ordered accepted and spread upon the minutes as follows : TOWIT OF MAMAROnCK TOOLS (HIGH'IIAY) .. 2 Ford Trucks 1 Austin Western Gas Roller 2 Snow Plows I Old Tractor 51 Shovels 33 Picks 3 Heavy Hammers 2 Bars 1 Axe 2 Tool Boxes 2 Pr. Rubber Boots 17 Lanterns 7 Road Brooms 1 Water Pail 4 Gravel Forks 2 Scythe; 2 Rakes 1 Gravel Fork Supervisor Burton praised the work done by Mr. Coles during his tenure of office as Superintendent of Highwayz and called him a credit to the town. On motion by the entire board seconded by the entire board, (Superintendent Coles not voting) , it was unanimously RFSOLVGFD, VJ=�RFAS Superintendent of Highways J. L. Coles has during his tenure of office always been a faithful, diligent and efficient official of the Town of Mamaroneck and has operated the Highway Department in a most economical manner: now therefore , be it RESOLVED that this Board do and it hereby does extend to Superintendent Coles itm most hearty congratulations on his accomplishments and express to him its sincere appreciation of his most valuable services to the Town of Mamaroneck. The Clerk presented to the Board for its approval a surety bond for the Receiver of Taxes and Assessments No. 554438 issued by New Amsterdam Casualty Company in the amount of $5,000.00 for the term beginning January 1st, 1934 and ending December 31st, 1937. 3 The Clerk stated this was a temporary bond secured for the purpose of allowing Mr. Dillon to carry out the duties of his office , pending the receipt and approval of a definitive bond in the amount of 41509000.00 now in the process- of being obtained. Upon motion duly made and seconded it was upon roll call unanimously RESOLVED that the temporary qualifying bond of the Receiver of Taxes and Assessments No. 554438 issued by New Amsterdam Casualty Company in the amount of 51,000. for the term beginning January 1st, 1934 and ending December 31st; 19372 be and it hereby is approved. Counsel advised the Board that the four fire companies hereto- fore authorized by the board had been duly constituted and all the necessary certificates filed and that it would he in order for the board to take the next step in the program of setting up a Fire Depart- ment as heretofore contemplated under the provision of Chapter 57 of the Laws of 1931. He submitted a resolution to that effect, which was duly moved and seconded, and upon roll call unanimously approved as follows: WHEREAS there have heretofore been organized and established in the Town of Mamaroneck, for the purpose of giving fire protection to Fire , Lighting & Water Supply District No. 1 of the Town of Mamaroneck and/or Fire District No. 2 of the Town of Mamaroneck, the following Fire Companies of the Town, viz: TOWN OF MAM RONECK, HOOK & LADDER CO-,,ANY, N0. 1, INC. TOWN OF MAMARONECK, EATGII,7 Co=, ANY, N0. 1, INC. TOWN OF MAlV[ARO-_N CK, ENGINE COMPANY, NO. 2,INC. - TOWN OF IIAMARONFCK, PATROL, PROTECTIVF AND A11BULANCE COMPANY, NO. 1, INC. -- which Companies have been organized under the Town Law and under Chapter 57 of the Laws of 19318 and generally and pursuant to the Laws of the State of New York, and WHEREAS it would appear to this Board in the interests of the Town of Mamaroneck that the aforesaid Companies and such Companies as may hereafter be organized should be organized into a Fire Department, so that the responsibility of the various Companies may be centralized in the Fire Department rather than in the new Companies. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Chapter 57 of the Laws of 1931 of the State of New York to wit, Subidivision 2, Section 318-b of the Town Law of the State of New York, TOWN OF MAMARONFCK, HOOK & LADDER COMPANY, N0. 1, INC. , TOWIT OF I1AKAR01ECK, ENGIRD COMPANY, NO. 1, INC. , TOWN OF MAMARONF.CK, ENGINE COMPANY, NO. 2, INC. and TOWN OF M-AaARONECK, PATROL, PROTECTIVE AND AMBULANCE COMPANY, NO. 12 INC. , all organized and maintained in pursuance of law be and the same hereby are organized into and shall constitute a corporation by the name of the FIRE DEPARnMIENT OF THE TOWN OF LIAMARONECK, which Fire Department of the Town of Mamaroneck is hereby created for the unincorporated section of the Town of Mamaroneck, FURTHTHR RESOLVED, that said Fire Department of the Town of Mamaroneck herein VrGated shall be organized and operated subject to the control of this Board as in said Section 318-b of the Town Law provided; FURTHER RFSOLVED, that the officers of the several Companies constituting the Fire Department and the members of said Companies shall Proceed forthwith to organize said Department as in said Section 318-b of the Town Law provided, for the purpose of electing Departmental officers, Council of the Fire Department and the taking of all such steps as may be necessary to carry out the organization and creation of a fire depart- ment as herein provided. 3G FURTHER RESOLVED, that the following are hereby appointed by this Board to act as officers of the Fire Department of the Town of Mamaroneck herein created until the first annual election for Departmental officers as provided in Section 318-b of the Town Law, to-wit, on the third Monday in Februarys DONALD C. HOWF - Chief Fngineer RICHARD THORBURN - First Assistant Engineer -- CHARLTS =WOOD - Treasurer FURT:1'R RESOLVED, that the officers of the several companies recently organized shall hold office until the third Monday in January at the time of the annual meeting of the several Companies as provided in Subdivision 3 of Section 318-b of the Town Law.. Receiver of Taxes Dillon addressed the Board and stated that in connection with the Lanza defalcation, Mr. Frank E. Hirshstein had a claim against the Town for tax liens which he had purchased from the Town and which had been redeemed by the owners of the property affected through payments to Lanza, the then Receiver of Taxes, but which payments Lanza had never turned over to Mr. Hirshstein as required by Law. He further stated that Mr. Hirshstein was willing to take additional tax liens in lieu of the money owed him by the Town and recommended that the Town Board approve of Mr. Hirshsteints offer. Counsel stated that he approved of the legality of the proposal of Mr. Hirshstein and submitted a resolution putting the proposal into effect which was duly moved and seconded and upon roll call unanimously approved as follows ; WHEREAS Mr, Frank F. Hirshstein heretofore purchased at a tax sale held by the Town of Mamaroneck certain tax liens whichvere thereafter assigned to him, and CIHERFAS the owners of the properties covered by said tax liens thereafter paid to the Receiver of Taxes the amounts due and owing on said tax liens , which amounts were paid to Santo Lanzq, the then Receiver of Taxes, in an amount aggregating about $3,300.002,, and GMFffAS the said Lanza failed to pay over the moneys so received by him to the said Hirshstein, which amount is due and owing to the said Hirshstein, and WHEREAS the said Hirshstein is now willing to take additional tax liens of the Town of Mamaroneck in lieu Of the moneys owing to him by the Town and to reassign to the Town the tax liens now held by him, the amount of which have been paid by the ownerp THTRFFORE, BE IT RESOLVED, that the Receiver of Taxes be and he hereby is authorized, empowered and directed to make a settlement with Mr. Hirshstein of his claim covering the tax liens heretofore purchased by him, the money due on which tax liens was collected by the said Lanza, for which there is no record of the said Lanza 's ever having remitted, and said Receiver of Taxes is further authorized, empowered and directed in connection with said settlement to turn -- over to the said Hirshstein other tax liens of the Town of Mamaroneck owned by the Town in an amount equal to the amount of the above tax liens held by the said Hirshstein upon receiving from the said Hirshstein an assignment of same and such other documents or papers as may be necessary . On motion of Justice Boyd, seconded by Justice Leeds, the following freambles and resolution were adopted-' i WHEREAS the purchasers of the $60,000. Sewer District No. 1 bonds, Series K. sold on August 22, 19339 have not yet taken up said bonds and paid for same, and `A1Hfl.I&AS, it seems improbable that said bonds Will be taken up and paid for in the immediate future, and WHERFAS, a certificate of indebtedness of the Town in the amount of "$20,000. issued for sewer purposes, matures on January 1, 1934, and WHFRFAS, said certificate of indebtedness of the Town is to be paid from the proceeds of said bond issue, and WHERFAS, the holder of said certificate of indebtedness has agreed to renew the same, NOW, THFR-EFORF, BE IT RFSOLVED: Section 1. For the purpose of renewing Sevier Certificate of Indebtedness of the Town of Mamaroneck, No. 24-6 in the amount of 420000. dated November 15, 1933, and maturing January 1, 1934, the Supervisor is hereby authorized to issue a Certificate of Indebtedness in an amount not exceeding 6'20,000. pursuant to the following laws of the State of New York as amended: The Town Law constituting Chapter 62 and the General Municipal Law constituting Chapter 24 of the Consolida- ted Lays, Chapter 594 of the Laws of 1926, Chapter 437 of the Lav✓s of 1928 and Chapter 860 of the Lays of 1930. Section 2. The following matters in connection with said Certificates of Indebtedness are hereby determined : No. 24-8 Maturity May 1st, 1934 Denomination: I of X20,000. --- Interest rate per annum: 6% Form: As determined by resolution adopted September 16, 1933. Said Certificate of Indebtedness shall be signed by the Super- visor 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 Certificate of Indebtedness, the determination of which is not otherwise provided for and his signature upon said certificates shall be conclusive as to such determinations. The Supervisor is hereby authorized to sell such Certificate of Indebtedness at not less than par without advertisement or public bidding and deliver the same to the respective purchasers upon receipt of the purchase price plus accrued interest from the date of the said Gertificafle to the date of delivery, or in exchange for the surrender of the certi. icate of indebtedness for the renewal of which this certificate of indebtedness is authorized. Section 3. Any instrument issued pursuant to this resolution 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 prin- cipal of and interest on said obligation, and unless otherwise paid or Payment provided for, an amount sufficient for such payment shall be -- inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected. - Ayes : Burton, Boyd , Leeds, Burbank and Marvin Noes: None The following resolution Was offered by Justice Boyd and seconded by Justice Leeds, to wit : 3 IN WITNESS WHEREOF, the Town of Mamaroneck has caused this Certificate of Indebtedness to be signed by its Supervixor, and its corporate seal to be hereunto affixed and attested by its Town Glerk, this day of ¢ 19 ATTEST: TOWN CLERK SUPERVISOR<OF TH_F TOWN OF MAUAROITECK REGISTRATION This certificate of indebtedness may be registered under the signature of the Town Clerk of the Town of Yamaroneck, Westchester County, New York, below, and shall thereafter be transferable only upon the written assignment of the registered holder or his attorney duly acknowledged or proved, such registration and transfer to be made in the Register kept in the office of said Town Clerk and a notation thereof to be made hereon. The principal and interest of this certificate of indebtedness, if registered, will be payable only to the registered holder, his legal representatives, successors or assigns. Such transfer may be to bearer, after which this certificate of indebtedness shell be subject to sub- sequent registrations and transfers as before. ]Date of Registry: In Whose Name Registered: Signature of Town Clerk FURTHTR ,RESOLVED, that said $30,000. certificates of indebt- edness shall be exchanged directly with the holders of the $30,000. certificates of indebtedness now outstanding which matured December 15, 1933, on a par value basis. FURTHER RESOLVED, that said certificates of indebtedness shall be general obligations of the Town and all moneys received from the redemption of transfers of tax liens shall be deposited in a special account and applied to the payment of said certificates of indebtedness, The question of the adoption of the foregoing resolution was duly put to a vote which resulted as follows : Ayes: Burton, Boyd, Leeds, Burbank, Marvin Noes: None Counsel reported on the matter of the petition by the Ilamaron- eck Free Library for an apportionment of taxes which matter had been re- ferred to him at a previous meeting. Counsel advised the Board that he was familiar with the matter, had studied the petition and had discussed the matter with Charles M. Baxter, fir. , Esq. , president of the Mamaroneck Free Library. He advised the Board that the parcel of land in question was formerly a part of Lot i 18. Block 50, Section 9 on the Assessment Map of the Town of lkamaroneck. He stated that after the property was deeded to the Library, the parcel of land in question was marked exempt and that the ]Library has just ascertained that at the time the property was conveyed to it there were certain unpaid taxes thereon, to wit, for the years 1912, 1913 , 1914, 1916, 1919, 19209 19215 1922, 19239 1924, 1925$ 19269 19272 1928 and 1929. He further stated that the premises now owned by the Libmry are a portion 0 large37 building fronting on liamaroneck Avenue , the title to which S iii remains in the name of the grantors of the deed to the Library parcel, the said lot having a depth of 139 feet, and that the parcel conveyed to the Library has no frontage or, any street, it simply being the westerly end of the parcel fronting on Mamaroneck Avenue and being approximately 26 feet in depth and 49 feet in width, so that the real value of the entire lot is in the Mamaroneck Avenue frontage. p He stated that the petition requested that the assessments and/or the unpaid taxes for the respective years described in the petition be apportioned so that the petitioner may pay such portion of said unpaid taxes as shall be found by computation to be due against the portion of said iot owned by the Library and that the parcel be given a valuation of not to exceed $10. Counsel recommended that the petition be granted and the Board of Assessors and/or Receiver of Taxes be authorized to make said apportionment. Upon motion, duly seconded, it was RESOLVED, that the petition of Mamaroneck Free Library be granted and approved and the Receiver of Taxes and Assessors be and they hereby are authorized, empowered and directed to make an apportionment of the assessments and/or unpaid taxes on the aforesaid property now owned by the Yamaroneck Free Lili-ary on a basis of an assessed valuation of not over : FURTHER RESOLVED, that the Board of Assessors and/or Receiver of Taxes be and they hereby are authorized, empowered and directed to make changes in their books bf record to conform to the provisions of this resolu- tion and that the Receiver of Taxes is authorized upon said apportionment being made to prepare tax bills and forward the same to the W_amaroneck Free Library so that said unpaid taxes when, as and if apportioned as herein provided may be paid. Counsel reported to the Board that he had discussed with the Receiver of Taxes the recommendations made by the Receiver in his letters to the Board dated December 14, 1933, recommending that certain taxes in the 1916 and 1917 tax sales could not be identified or located by the Assessors with the present section, block, lot and owner as now carried on the assessment rolls under the provisions of the Westchester County Tax Act in which letters he recommended that a resolution be adopted authorizing him to cancel these respective taxes on the tax rolls. Counsel stated that he concurred in this recommendation. On motion duly seconded, it was RFSOINED THAT WHEREAS there are certain parcels of property which were heretofore sold by the Receiver of Taxes in the 1916 and 1917 tax sales which it is impossible to locate and/or identify with the present section, block, lot and owner on the assessment maps and rolls of the Town of Yamaroneck, which the Receiver of Taxes has recommended be cancelled, THEREFORE, BE I'T RESOLVED, that the Supervisor, Receiver of Taxes and Assessors be and are hereby authorized, empowered and directed to cancel the following respective taxes and/or tax sales now upon the rolls for the sales in the years 1916 and 1917. SAVES OF 1916, to wit: Roll Descri-ption zme_ Tax Acres N. E. Cor. Howell Ave . and Meadow P1® 14 8.21 1/8 " S. F. Side Howell Ave. 14 4.10 i " St. Sheppard P'1. 14 2.73 43 New Parkway 33 2.05 8 126 Harbor Heights 51 1.48 127 Harbor Heights 51 1.48 11/32 37 Rushmore Sub. Div. 61 .37 Waverly Sub. Div. 72 .86 38 Waverly Sub. Div. 72 ..86 137 Waverly Sub., Div. 73 ..86 273 Larchmont Park 74 .95 274 Larchmont Park 74 .95 P. I08 Sound Shore 95 .74 109 95 .74 SALES OF 1916, to wit: Roll Description Pale Tax 5 2747 Larchmont Park 99 7.40 Pt. 273 5 275 Larchmont Park 101 2.97 276 101 2.97 277 101 2.97 278 101 2.97 279 101 4.44 - 280 101 4.44 281 101 4.44 Postal Telegraph Go. Outside Village 113 1.01 Postal Telegraph Co. Village of Mamaroneck 113 2.32 SALE'S OF 19179 to wit: Roll Description PaEe Tax 130 Acres "'Field Farm" 1 63.45 48V" Hall Farm 7 16.73 Fast Pt. 32 Chatsworth 7 39.01 1 Acre Pryor Estate 8 4.02 Chatsworth 8 22.78 I " N. F. Cor Howell Ave. 4 and Meadow Place 15 8..04 1/8" F. Side Howell Ave. 15 4.01 36 Chatswortit 16 6.51 Sheppard Pl. 16 2.68 35 Chatsworth 16 6.51 1 116" Westchester Mfg. Co. 42 11.05 1/32 11 Rushmore Sub.Div. (NOT, a street) 60 .56 1/8 " Goddard P1. 70 9.99 34 Dean Sub. Div. 76 3.27 -- 273 Larchmont Park 79 4.92 274 4.92 108 Sound Shore 1.31 109 Sound Shore 1gi11 5 Pt. 273 274 Larchmont Park 88 9.90 279 Larchmont Park 91 6.63 280 Larchmont Park 91 6.63 281 Larchmont Park 91 6.63 275 Larchmont Park 92 4.41 276 Larchmont Park 92 4.41 277 Larchmont Park 92 4.41 278 Larchmont Park 92 4.41 C-bunsel reported on the request of Bernard Levino of 385 Weaver Street, Larchmont, for rectifying the line and clarifying the title to his property on Weaver Street, which had been referred to him at the meeting on December 166th. The matter was ordered laid over for the attention of the new Board. A letter dated December 5th was received from Larchmont Post #347, American Legion, advising the Board that during the coming year the Post will undertake the administration of veteran relief and that Mr. Harold T. Hughes had been authorized to represent the Post in this matter.. The letter was ordered referred t) Public Welfare Officer DeVi.nne. The Supervisor stated he was desirous of making sure that because of the change in administrations the town would not be unprotected against fire or other hazards by reason of any delay in renewing those insurance policies which might expire on December 319 or January 1st. Upon motion duly made and seconded, it was upon roll call unanimously 9 RESOLVED, that the Town Clerk be and he hereby is authorized, empowered and directed to renew such of the insurance policies expiring December 31st or January 1st as he in his judgment deems necessary in order to protect the town against any possible loss from fire or any other hazard during the change in administrations and until definitive policies can be obtained. Special Counselor Fsser addressed the Board in regard to the claims against the National Surety Company and the New Amsterdam Casualty Company, occasioned by the Lanza and Johnson defalcations during the years 1928 and 1929. He recommended that the agreement he had reached with the two surety companies, as reported to this Board on December 16th, be approved and that the town accept the check of the New Amsterdam Cas- ualty, Company in the amount of $2500. 00 which check he tendered to the Board. Upon motion duly made and seconded, it was upon roll call, unanimously RESOLVED, that the check of New Amsterdam Casualty Company dated December 29 , 1933, for TWO THOUSAND FIVE HUTTDRED ($2,500 ) DOLLARS, be accepted and received in full payment, release and discharge , and satisfaction of any and all liability of said company for losses sustained by the Town of Ifamaroneck due to the dis- honest acts of George F. Johnson during the years 1928 and 1929 under the bond or undertaking of said New Amsterdam Casualty Company #541764, dated November 17, 1927, and the Supervisor is hereby authorized and directed to execute a formal release in accordance with this resolution. IT IS UNDERSTOOD that this resolution and the formal release to be executed by the Supervisor shall take effect only upon the payment and collection of the aforesaid check. Special Counselor Esser submitted to the Board copy of a letter addressed to him by the representative of the State Superintend- ent of Insurance in charge of the affairs of the National Surety Company which letter was ordered spread upon the minutes as follows- December 26, 1933 In re : Santo Lanza ® Former Receiver of Taxes for the years 1928 and 1929 , Town of Mamaroneck, N. Y. Our claim 1211388 - Bond #2327963 I J. Henry Esser, Esq. Attorney for the Town of Mamaroneck 10 Fiske Place Mount Vernon, N. Y. Dear Sir: The Claim Department has approved claim in the sum of x$4,843.52 and has referred same to the Rehabilitator with the recommend- ation that it be allowed. This will be in full settlement of the claim _. of the Town of Mamaroneck under Mr. Lanza 's bond in connection with the shortages occurring in the years 1928 and 1929 and is in accordance with the arrangements made with you at the conference held December 8, 1933 in your office in Uount Vernon. We ' trust that you will find same satisfactory. Very truly yours B. H. Bra°tney, Asst. Special Deputy Superintendent. ,fs/ BY S. P. Hutchinson Assistant A letter dated December 29th, 1933 was received from Super- visor Burton presenting a claim in the amount of $15,005.11 for fees on expenditures of town monies not heretofore paid him for the years 1930 and 1931, as per schedule as set forth by the report of the State Comptroller filed with the town on September 21st, 1932. The letter suggested that the Town issue a certificate of indebtedness in payment of this claim and that provision for the payment of this certificate be made in the 1934 budget. The claim had already been approved by the Board of Auditors at a meeting on December 27th, 1933. Supervisor Burton relinouished the chair which was assumed by Justice Boyd. Upon motion by tustice Burbank, seconded by Justice Leeds, the letter and the claim of the Supervisor were ordered placed on file. A elaim was received from the Weaver Street Fire Company in the amount of 1160.00 covering the incorporation fees for the four new fire companies recently constituted by the Weaver Street Fire Company at the rate of $40q,00 per company. These fees were paid by the Fire Company in accordance with its understanding with the Town Board regarding the organization of the four new companies made at the time of Chief-Captain Howes appearance before the Town Board on December 20th, 1933. Upon motion duly made and seconded, it was, upon roll call, unanimously RESOLVED, that the above described claim of Weaver Street Fire Company be and the same hereby is approved and ordered paid. Four claims were received from Counselor Gamble for services rendered to the Town Board as Town Counsel during the years 1928, 1929, 1930 and 1931, in the amounts of $2,500.00 each per annum. These claims, Mr. Gamble said, were being rendered for the first time. He stated he was willing to take payment in the form of certificates of indebted- ness to mature in the years 1935, 1936 and 1937 or some similar arrange- ment. Upon motion by Justice Leeds, seconded by Justice Burbank, it was upon roll call unanimously RESOLVED that the claims of Counselor Gamble as above described be and they are hereby approved. Counselor Gamble advised the Board that the garbage contracts recently entered into between the new Contractors and the Town of Mamaroneck contained a cancellation clause whereby the contracts 'eould be terminated before the end of two years, on certain conditions. He suggested that the contracts could be further amended so as to permit the Bonding Companies to cancel the performance bonds on the same terms as the contracts themselves might be cancelled in case such action should be necessary. Upon motion duly made and seconded Counselor Gamble was duly authorized to amend the garbage contracts in accordance with his suggestion as above outlined. At 5 :30 P. K. the Board unanimously resolved to recess to meet again December 30th at 1:30 P. Y. to tkae up such matters as might properly come before it. Toaan Clerk