HomeMy WebLinkAbout1936_07_08 Town Board Minutes SPECIAL +"!'STING OF 'TIE TO1`TTT BOARD
TO 1\1 OF I„AI�i9ROPTECI>, Sr?E1''1 `_TORY
HELD JULY S, 1936
At the Tewn Offices, 158 !"rest Boston Post Road., Mamaroneck Sam Y.
The meeting was called to order by Supervisor IrlcCulloch at
8935 P. M.
Presents Supervisor McCulloch
Councilmen Bates, Brennan, Griffin, Ileginniss
The presence was also noted of Town Clerk Llarvin and Town Attorney
Delius.
The :Supervisor stated that the meeting was ca lled pursuant to
notice duly given by the To-1rn Clerl, on Jane 23, 1936, for the purpose of
COnS id.ering. the petition of the S.'Iaple Hill Association which requested. that
"the entire assessment be removed from the ';Iaple Fill Subd-iTrision and spread
upon the unincorporated secti-onP' and such other Tatters as might properly
come before the Board.
The Clerk read a, corm'i- ication from the maple Hill Association
dated Jude 17, 1936, which had been received at the meeting on June 17
1936, and at that time laid ever.
The Clerk glso read- a letter from }!i_n. S. S. Plac-Uhinney, Secretary
of the HviTell .Park Association, dated. Judy 7 y 1936, opposing the rec-aest
of the Yaple Hill Asso Ci at ion and scat in.- that "in any event we believe
that the 'Town should not assume these special 1,12-iole Hill assessments or
those of any other section without having first su-omitted- the same to the
electorate of the unincorJorated section for app-Oval P`.
The Clerk submitted certain petitions identical in language,
which had been filed with him in opposition to the request of the "vlaple
Hill Association, said petitions being Signed by residents of the fellow-
ing sections of the unincorporated section, to ,nrit- Lar-c''nmont Woods,
Rou'_•_en Glen, Larc'nmont Hills and Larch- grit Gardens .
Nr. H. T . Byrne, President of the Iv'ia.ple Hill Association, read
a letter dated Aril 29, 1936, ":r"!ritten by Edward A. Keeler. P esident
of the Nowell Park Association stating by due consideration I have
been instructed to infon-ni you that our association has coLL^.eluded that this
was not a metter in which it was interested or upon which it desired to
take any action" the reference being to the request of the irIaple Hill
Association concerning the special assessments.
Mr. Byrne also filed with the Board a letter written to him by
'rlr.
W. Clifton Lawton suggesting that the alaple -Hill Association extend
invitations to a croup of ta=aye-rS to attend a rIleeti-ng at t_'!l.e firehouse
to hear the request of the association and to become acquainted -vit-I. the
merits of its contents . He also filed copies of letters he had written
to the presidents of the following neighborhood associations, na.3neSy;
Chatsvaorth Heights Association, Lar•chmont Ridge Association, Larchntiont
Moods Association, ROuken Glen Associati_on, '_,ff,well Par'_ Association, giving
them notice of the request of the -Kaple Hill Association and offering to
discuss it further -with those associations. He also filed a copy of a
letter written to the Maygaronecl-�: Daily Times notifying it of the request.
Mr. 4nd-rern? S. Derby, appearinc, in behalf of the residents of
the Larchmont Hills Section opposed the request. He stated 'chat if the
request were granted the s2:;. a relief should be c'iven to all the special
assessment areas in the Town after the matter had been put to a referendum
vote.
Mr. Wn_ E. am, ea appeared as President of the Larchraont
"wardens Association to appose the request .
T"I-r. Byrne replied to the remarks by mr. Derby, sating that -'-,he
P,11aple Lill Association had "played ball" with the Town Board by not
opposing an act passed by the legislatare validating the special assessments
in _..aple Hill after it had been discovered that -these assessments as
originally levied were illegal,
the fact that at a j,
Hill Association arc,
time agreed that the
Thom-oson of the I.aple rill Association brouc,ht out
Sint meeting of committees representing the r_vIaple
the Larchmont Gardens Association it was at that
f;Iaple Hill Section was entitled to "some relief"®
IiIr. Oliver H. Brant of Lardhmont Gardens stated- that the Town
should give relief to the Plaple xlill Section to the extent of the cost
of the average Town streets which would otherwise have been placed in
— this area instead of the more expensive streets actually constructed
and which are the basi s of the special assessments.
Mr. C ,. lJood_y, developer of Rouken Glen, speaking for the
Rouken Glen Civic Association, said that the Rouken Glen signers of the
-petition opposing the request of the Maple Hill Association represented
Ilan assessed valuation of a million dollars". He told 'how he had had
to pay for all the streets constructed in Rouken Glen and. said he was
opposed to assuming any of the burden of the cost for the improvements
in Tsagle Hill.
Lester Harrlsson, speaking as a non-member of the Larchmont
Gardens Association and on his own behalf and that of his neighbors,
related how in the past the Town Board had declined to accert any
streets in Larchmont Gardens until they bad been put in proper condition
by the developers. The property owners indirectly paid for these streets
in the added cost of the land which they bought, he said.
Nr.
E . T. I. Thygeson of Maple hill Association spoke in
favor of the request.
r. A, Stirling Smith of Isave-r Street said that the property
owners on A,`:'eaver Street are paying special assessments for side,-,alks
which they do not want and. are opposed to removing the special assess-
ments from the Maple Hill area.
ir, George Hanson opposed the request and i.4r, Schramek and
Mr. Derby again spoke in opposition, the latter declaring that he
believed the law pe-nai.tting the ToPJn Board, to remove the sT)ecial assess-
ments to be unconstitutional . He declared that he had been authorized
b-,, residents of the Myrtle and Madison special assessment area to ,state
that they will request the Same consideration if the ToyFa Board .rants
the request of the IJIaple Hill Association.
IdIr. Thompson
whycb. requests that the
the Town Clerk read the
dated March 4, 1936, in
at length.
presented the case
special assessmen
original petition
which the reasons
of the Maple Hill Associatior_
;s be removed. At his request
of the Maple Hill Association
for the request are set forth
The Supervisor nvited those persons who desired to submit
written arguments for or against the proposal to do so. He also invited
those who desired to -speak a3rainst the proposal after they had heard the
readi-.= of the original petition to do So . Those who Spode again_st the
request were Messrs. Moody, Brant and Harrison Smith. Idr, Gustav Laub
of Maple mill spoke in favor of the request.
-- The Board thereupon recessed for five minutes. At the conclusion
of the recess the Board re-convened and after discussion unanimously
decided that it -would- not grant the request of the P, aapie Hill Association
until and unless this request were approved at a -referendum vote ,
The Supervisor asked the representatives of the Iviaple Hill
Association if they desired the Tow), Board to hold a special referendum_
on this matter®
Mr. Thygeson spoke in favor of holding a referendum.
M
�_
Mr. Thompson, speaking as an individual, he said, and not as
a member of the Maple Hill Association, declared that the Town Board
should decide this matter itself and not put it to a referendum which
l"Jould. be "dodging its responsibilities", he -ad-',-ed.
Mr. Byrne said that he would take the aatter -up with the
executive committee of his association and notify the TC @M Board o_n
the committee' s decision.
The Board thereupon concluded its consideration of the haple
Hi11 petitions
The Supervisor stated that it ;^,rould be in order for the Board
to authorize the issuance of a Certificate of Indebtedness in the amount
of ;:32, 000 for the purpose of adjustin the collection of instalment
assessments for certain street improvements within the unincorporated
part of the Town of ,'Iamaroneck and incidental expenses in connection
therewith.
The following resolution was offered by Councilman E. B .
IV.'eginnissand seconded by Councilman L. C. Griffin, to wit;
IVHE'REAS, this Board by appropriate proceedinbs taken
pursuant to Chapter 620 of the La rs of 1935 has found
that it is necessary to issue a '02,000 Certificate
of Indebtedness for the purpose of funding the follo,i7irg;
Net credits to which property owners are
entitled as shown upon the final cert, fi-
cate made b7% the Town Board February 9,
1936 11, 286. 23
Less portion of the above refunds which
are to be credited to property on the
- 1937 tax roll because of failure to
apply for refunds as provided in the
Act 1, 671.48
9 14.75
Less amount of adjusted charges included
in the 1936 tax roll paid up to and
including July 1, 1936 s 1, 957.13
v 7, 657062
Add amount of tax liens for special
assessments improperly levied for the
years 1930 to 1934, both inclusive,
sold to outside buyers at the tar sale
held in May, 1934, with interest computed
to July 1, 1936, which must be refunded $24, 017® 50
in addition thereto the cost of issuing
such bonds including publication of the
notice of sale and. legal services, etc. is £ 324m88
X32, 000,00
'.HEREAS, it is necessary to authorize
a. 1,1-.000 Certificate of Indebtedness
Mamaroneck for the purposes aforesaid
the form and details of said Certific
NIOVV, -PhEaEFLRE,
the issuance of
of the Toifn of
and to Drescribe
:ite of Indebtedness,
R.ESJLVED, that to adjust collection of installment assess-
ments in certain street improvements *within the Town of
Mamaroneck and incidental expenses in connection therewith,
there shall be issued a Certificate of Indebtedness in
the principal siuii of Thirty-two Thousand Dollars (EjI32, 000)
of the Town of Iiiamaroneck, Westchester County, New York,
dated the first day of July, 1936, numbered S. A. 1 bearing
interest at a. rate not exceeding six ( 6) per centum per
annuli, both principal and interest maturing on the first
day of July, 1937. That said Certificate of Indebtedness
shall be si3ned by the Supervisor end sealed with the
corporate seal of said Town, attested by the Town Clerk,,
and both principal and interest shall be payable in lawful
.coney of the United States of America, at the County Trust
Company, liamaroneck Branch, Mamaroneck, Nevw York, with
New York ecchange, or at the
in the City and State of New York, at the option of the
holder.
FUR"=R RESOLVED, that said Certificate of Indebtedness
shall be issued in substantially the folloviinj Form,
to-wit- -
UNITED STATES OF IUERICA
STATE OF N]F1 YORK
T )';n,;`N OF I!lA'ILIRONECK
CERTIFICATE 0__ TTTDE33T ED1qESS
pro .
32, 000.
HE
KNOWN ALL MEN BY THESE ?RESENTS, That the Tom. of
I� amareneck a municipal corporation in. the
County of u'�lestchester State
of Nev York, hereby acknowled-es its indebtedness and for value received
promises to pay to bearer on the first day of July, 1937, the suns of
T IRTY-PP1G THOUSAND DOLLARS 0;,32, 000) , together with interest thereon
from the date hereof' at the rate of ( ) per centurn per
anntiun, payable at maturity of said Certificate of Indebtedness. Both
principal and interest of this Certificate of indebtedness are payable in
'_awful money of the United- States of America, at the
9
New York, with New York e_x_charge, or at the
in the City and State of New York, at the
option_ of the holder.
This Certificate of Indebtedness is issued for the purpose of
adjusting This
of installment assessments in certain street im-orove-
ments within the TO',wn of 1.1amaroneck our SUar✓ to and in strict compliance
with the Constitution and Statutes of the State of New York and proceed-
ings of the Town Board of said Town duly had and taken in all respects
authorizing the same .
It is hereby certified, recited and declared that all acts,
conditions and things required- to exist, to happen and to be performed
precedent to and in ti,_e issuance of this Certificate of Indebtedness,
exist, have happened and have been performed in due times form and manner
as required- by law, and that the issue of said Certificate of Indebtedness
of which this is on.e, together. with all other indebtedness of said Town,
is within every debt and other limit prescribed- by the Constitution and
laws of the State of New York, The full faith, credit and resources of
sa'' d Torn are hereby irrevocably pledged to the ru.nctual payment of "the.
principal and interest OIL this Certificate O?' Indebtedness aCCOrCiinE' to
its terms.
This Certificate of Indebtedness may be converted into a
roistered Certificate of Indebtedness in accordance iarith the provisions
of the General Munici_oal Law. At the request of the rebistered owner,
the interest hereon, will be remitted_ by mail with New York exchange.
T.DI 7TTNESS _._TH 1?E.OF, said Town ^,a cl a '..
o�'.i_ of Nicer none .� has caused- this
Certificate of Indebtedness to be signed by its Supervisor and sealed
with the corporate seal of said Town, attested by Its Town Clerk a-nd
this Certificate of Indebtedness to be dated as of the first day of July, 1936 .
ATTEST-
own
Supervisor
WN
FTJrTI R RESOLVED, that there shall be levied,
assessed and collected annually by tax upon the
taxable property of said. Tollm a- sum sufficient, to
pay the principal and interest of said Certificate
of Indebtedness as the same respectively become due and payable
FURT ER. RESOLVED, that said Certificate of Ind.eb-tedness
shall be negotiated by the Supervisor of said Town for
not less than par and sold in the .manner provided by
law and- the Supervisor is 7:,ereby authorized to award
said Certificate of Indebtedness,
FURTHER RE.S'J !„�,�rE:,i tiles
J I , i„ e
Indebtedness shall have be
shall be delivered to the
the -11irchase price to the
of the Supervisor shall be
ruscha.ser rr;ho shall not be
a-aolication of the
n said- Certificate of
en duly executed, the same
purchaser upon payment of
Supervisor, and the rece *lpt
a full acquittance to said
obliged to see to the
purchase money.
FURTHER RESOLVED, tha-i, the proceeds of sale of said
Certificate of Indebtedness shall be applied solely
to the adjustment of collection of installment assess-
ments in certain street improvements within the Town
of ,Zaaaroneck and to no other purpose.
'-I''he foregoing resolution '-,Yas 'duly put to a vote which
resulted as follows:
AYhS- Supervisor idlcCulloch
Councilman. vPeginniss, Brennan,
^iff in Bates
NOES- None
The Supervisor stated that he had requested various fins- cial
institutions to subm, t bids for the above certificate of indebtedness
and reported. that he had received one such bid which he thereupon opened.
The bid was from the County Trust Company offering to purchase the Certi-
ficate at the interest rate of one and one-half per cent per annum.
Upon motion by 11r. 1!deZinniss, seconded by Mr. Griffin, it L7as
upon roll call unanimousllr
R_.'S''U ED that V'._e of°fer of the 'County Trust Co:^lpany
of ;ianiaroneck_ to purchase a 1 2, 000 Certificate of
Indebtedness of the Toicr. of T: arnaroneck dated July 1,
1936, maturing July 1, 1957, at the interest rate
of one and one-half per cent per 811nu 1 be and it
ne-roby is accepted,
- 11; =_'5 F. . the Board unanimousi�,- resolved to adjourn.
LTod".-,n Clerk