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HomeMy WebLinkAbout1937_01_12 Town Board Minutes SPECIAL MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, N . Y. HELD JANUARY 12, 1937 At the 'Town Offices, 158 West Boston Post Road, Mamaroneck, 1q. Y. 4:05 P. The meeting was called to order by Supervisor McCulloch at Present : Supervisor McCulloch Councilmen Bates, Brennan, Griffin, Meginniss The presence was also noted of Town Clerk Marvin and Town Attorney Delius. The Supervisor stated that nominations would be in order for a justice of the peace to succeed William A. Boyd who died on December 21, 1936. Mr. Griffin nominated Charles M. Baxter, Jr. , an attorney of 40 Mamaroneck Avenue, Mamaroneck. Mr. Bates seconded the nomination. Mr. Brennan nominated Phineas L. Webber, an attorney of 518 Prospect Avenue, Mamaroneck. There being no other nominations, the Town Clerk called the roll which resulted as follows: Supervisor - Baxter Mr. Bates - Baxter Mr: Brennan - Webber Mr. Griffin - Baxter Mr. Meginniss - Baxter The Supervisor thereupon declared Mr. Baxter duly appointed to the office of Justice of the Peace of the Town of Mamaroneck to fill the vacancy created by the death of Justice of the Peace William A. Boyd, his term of office to expire on December 31, 1937, that is, until the first day of January next succeeding the first biennial town election held after the time of his appointment, at the salary set forth in the budget, and that he be bonded in the penal sum of $1,000. On motion by Mr. Brennan, seconded by Mr. Griffin, it was unanimously RESOLVED, that the appointment of .Mr. Charles M. Baxter, Jr. as above set forth be and it hereby is made unanimous. Mr. Baxter was thereupon summoned and entered the room. He thanked the Board for the honor which it conferred upon him and the members of the Board congratulated him on his appointment. The Town. Clerk thereupon administered to him the constitutional and statutory oath of office. Mr. Baxter then departed. The Supervisor stated that it appeared probable that from the present moment until April, when the 1937 taxes begin to be received, the Town would require cash in an amount not to exceed $150,000 more than the anticipated receipts during that period. Accordingly, he requested authorization to issue and sell tax antici- pation certificates in an amount not to exceed $150,000. Mr. Bates introduced the following resolution: 113 RESOLUTION AUTHORIZING THE ISSUANCE OF 8150,000 CERTIFICATES OF INDEBTEDNESS OF TEE TOWN OF MAP:IARONECK IN ANTICIPATION OF THE RECEIPT OF TAXES LEVIED FOR TO'j'7N PURPOSES . RESOLVED by the Town Board of the Town of Mamaroneck, in the County of Westchester, as follows: Section 1. To provide a fund to be expended for any of the purposes for which funds are appropriated in the annual estimate of the town for the fiscal year beginning January 1, 19375 the Supervisor is hereby authorized to borrow the sum of $150,000 at one time or from time to time as the money may be needed on the credit of the Town, in anticipation of the receipt of the taxes for said fiscal year applicable to such purposes. The Supervisor shall issue a certificate or certificates of indebtedness in the name of the Town in the principal amount of such loan or loans pursuant to section 117 of the Town Law, constituting Chapter 62 of the Consolidated Laws of the State of New York, as amended. Section 2. It is hereby determined and declared: (a) The total amount of taxes levied in said Town for Town purposes for said fiscal year, is $509, 692.40. (b) The total amount of said taxes outstanding and uncollected is $5091692.40. Note re (a) & (b) : These amounts do not include the 1937 judicial, military and county levies and the Mamaroneck Valley Sewer county levy, as same have not been determined by the Board of Supervisors of Westchester County. (c) The total amount standing in anticipation taxes, is $ None. heretofore borrowed and out- of the collection of said Section 3. The following matters in connection with said certificate or certificates of indebtedness are hereby determined:. Date: To be determined by the Supervisor. Maturity: To be fixed by the Supervisor at not exceeding six months from the date of the certificate of indebtedness issued. Denomination: To be determined by the Supervisor. Interest rate: To be determined by the Supervisor; not exceeding six per centum per annum. Form: Substantially the form provided by resolution adopted on November 18, 1936 except that said certificates shall recite they are issued pursuant to the Town Law for money borrowed in anticipa- tion of the collection of Town taxes for the fiscal year referred to in section 1 hereof. Said certificates of indebtedness shall be signed by the Supervisor, countersigned by the Town Clerk and shall have the Town seal affixed thereto. The Supervisor is hereby authorized and directed to determine all matters in in connection therewith not determined by this or subsequent resolution, and to sell said certificates of indebtedness at private sale at not less than par, without advertisement or public bidding, and to deliver the same to the purchaser upon receipt of the purchase price, plus accrued interest from the date of the certificates of indebtedness to the date of delivery. Section 4. The full faith and credit of the Town of Mamaroneck are hereby pledged to the punctual pay- ment of the principal and interest of said certificates __. of indebtedness, and unless otherwise paid, taxes shall be levied on all of the taxable property in said Town in an amount sufficient to pay said principal and interest. on motion of Mr. Bates, seconded by Mr. Griffin, the foregoing resolution was adopted by the following vote; the Supervisor not voting: AYES: Councilmen Bates, Brennan, Griffin Me ginri s s NAYS: None The Supervisor said that it would be in order for the Board to act on the proposal of the Westchester Joint Water 4orks2 No. 1 to provide for facilities for obtaining an auxiliary and additional water supply as considered by the Board at its meeting on January 6, 1937. The following resolution was offered by Councilman Bates and seconded by Councilman Griffin to wit: WHEREAS, the Board of Trustees of Westchester Joint Water Works, No. 1; have determined it to be necessary -- to enlarge, extend, and improve the said joint water works and have caused to be prepared and approved a plan, estimate and other data pertaining thereto and have caused the same to be transmitted to this Board through the Supervisor of the Town of Mamaroneck, and WHEREAS, the said plan, estimate and other data provides for the enlargement, extension and improvement of said joint water works by the erection and construc- tion of facilities for obtaining an auxiliary and additional water supply from the City of New York at the Kensico Reservoir at a total estimated cost of $399,000.00 and in and by which in accordance with the provisions of Chapter 654 of the Laws of 1927 as amended, if said plan be approved by the governing Boards of the respective member municipalities constituting said Westchester Joint Water Works, No. 1 subject to a permissive referendum as to the Village of Mamaroneck as provided in the Village Law, the Town of Mamaroneck will be required to provide and furnish its share of the cost of said improvement in said plan, estimate and other data estimated in the sum of $69, 074.00 as provided by law. NOW. THEREFORE, be it RESOLVED, that the said plan, estimate and other data be and the same hereby is in all respects ratified, confirmed and approved and that the same be incorporated in the minutes of this meeting. The question of the adoption of the foregoing resolution was duly put to a vote which resulted as follows: 117 AYES: Supervisor McCulloch Councilmen Bates, Brennan, Griffin, Meginniss NOES: None The Town Attorney reminded the Board that Sections 202, 202A and 202B of the Town Law require that the expense of constructing additional trunk and lateral sewers in Sewer District No. 1 of the Town of Mamaroneck must be met by the levying of special assessments' on the property benefited. He pointed out that ever since Sewer District No. 1 was established under the provisions of the Town Law such expenses had been charged against the entire district on an ad valorem basis and that no special assessments for such purposes had ever been levied in the district. To change the method of paying for such extensions now would be a grave injustice to the residents of the district, he said. Accordingly he recommended that the Board approve of a special act to be submitted to the legislature, providing that the cost of such extensions in Sewer District No. 1 of the Town of Mamaroneck be hereafter met in the same fashion in which they have been met in the past. This act, he said, has been approved by Messrs. Hawkins, Delafield and Longfellow, the Town' s bonding attorneys in respect to sewer matters. He presented the act which was considered by the Board. Upon motion of Councilman Griffin, seconded by Councilman Bates, it was unanimously RESOLVED, WHEREAS, it is considered desirable to obtain authority from the legislature to assess and levy taxes for the sewer, system in Sewer District #1 of the Town of Mamaroneck, upon an ad valorem basis and in the manner in which such taxes were assessed, levied and collected heretofore in accordance with the provisions of Chapter 860 of the Laws of 1930, and to validate the acts and proceedings of this Board, the Supervisor, and Receiver of Taxes, in levying and collecting such taxes from January lst, 1933 to January lst, 1937; and V=P REAS, in order to carry on such plan, it is necessary that enabling legislation be enacted by the legislature of the State of New York with the approval of the Governor; and WHEREAS, a proposed bill has been prepared by the Town Attorney to be presented to the legislature of the State of New York, entitled "An Act validating the levy and collection of taxes and assessments in sewer district number one of the town. of Mamaroneck for nineteen hundred thirty-three to nineteen hundred thirty-seven inclusive and providing for the manner of levy and collection of taxes for the sewer system in sewer district number one of the town of Mamaroneck therefore be it RESOLVED, that this Board do and hereby does approve the aforesaid bill so presented and in the form prepared by the Town Attorney, and hereby respectfully requests the Legislature of the State of New York to enact the same and further respectfully requests the Governor of the State of New York to approve the same,when so enacted; FURTHER RESOLVED, that this Board consent to amendments being made by the Legislature of the State of New York, provided the same do not substantially or materially alter powers to be conferred upon the Board, as therein provided. The following is a copy of the proposed bill: AN ACT validating the levy and collection of taxes and assessments in Sewer District Number One of the Town of Mamaroneck for 1933-1937 inclusive and providing for the manner of levy and collection of taxes for the Sewer System in Sewer District Number One of the Town of Mamaroneck. Section 1. The acts and proceedings of the Town Board of the Town of Mamaroneck in the County of Westchester, and of the Supervisor and Receiver of Taxes of the Town of Mamaroneck and of any officers of said Town heretofore had, taken or caused to be had in relation to the levy and collection of taxes and assessments in Sewer District Number One of the Town of Mamaroneck from January 1, 1933 to January 1, 1937, are hereby legalized, validated and confirmed, notwithstanding any limitations contained in any law, or any irregularity or defect or omission in such acts or proceedings or lack of authority to perform such acts or take such proceedings. Section 2. In providing for the payment of the amount due or to become due for principal and interest during each ensuing year, on bonds heretofore or hereafter issued in connection with Sewer District Number One (as such Sewer District now is or may hereafter be extended) and for the expense of constructing trunk and lateral sewers and the maintenance of sewers in Sewer District Number One (as such Sewer District new is or may hereafter be extended) the levying of taxes and assessments as provided in Sections 2021 202A and 202B of the Town Law, shall not apply. In lieu thereof such taxes and assessments shall be levied upon an ad valorem basis upon the assessed value of all property in Sewer District Number One (as such District now is or may hereafter be extended) notwithstanding any general or special law as now existing or hereafter amended and all such taxes and assessments shall be assessed, levied and collected from the several lots and parcels of lands within the district for such purpose in the same manner and at the same time as other town charges. Section 3. This act shall be construed to extend the powers of the town board and not to limit them. Section 4. This act shall take effect immediately. The Town Attorney stated that he had received from the printer copies of the proposed ordinances to be considered at a public hearing to be held on January 26, 1937, at the Weaver Street Fire House as previously determined by the Board and suggested that notice of said hearing be published in The Larchmont Times, the weekly newspaper, as well as in The Daily Times. The Board unanimously directed the Town Attorney to have a notice of the public hearing as above set forth published in The LarcYnnont Times on January 14, 1937, as well as in The Daily Times of the To,vn of Mamaroneck on January 15, 1937. The Town Attorney informed the Board that the Appellate Division had unanimously affirmed the opinion of Supreme Court Justice Close, deciding against the Town in the action entitled "Lew-Robb Holding Co. vs. Henry R. Dillon as Receiver of Taxes, et cetera" which action related to the attempt of the Town to collect certain omitted taxes. He said that the legal cost to the Town up to the present time amounts to $280.92 and that to appeal the case to the Court of Appeals would not cost more than $150 in legal expenses. The amount of taxes which the Town would recover if the action were to be decided in its favor was in the neighborhood of $1,500 to 01,800, he added. After discussion it was upon motion by Mr. Meginniss, seconded by Mr. Bates, unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to appeal from the decision of the Appellate Division to the Court of Appeals in the above matter if in his judgment such action is warranted. The report of the Receiver of Taxes for the month of December, 1936, was received and filed. A letter dated January 9, 1937, was received from the Rev. Robert M. Russell concerning a street sign on France Place. The matter was referred to Mr. Brennan. A letter dated. January 7, 1937, was received from C. Tortorella requesting the installation of a street light at the corner of Myrtle Boulevard and Baldwin Avenue. The matter was referred to Mr. Brennan. The Town Clerk called to the attention of the Board the fact that when on November 18, 1936, Mr. Luceno was promoted from the position of Clerk to the Supervisor to that of Comptroller, Mr. Graney was appointed to succeed Mr. Luceno as Clerk to the Supervisor. The 1937 budget makes no provision for a Clerk to the Supervisor.but provides for a bookkeeper in the office of the Super- visor. He suggested that Mr. Graney be appointed to this position. On motion by Mr. Meginniss, seconded by Mr. Brennan, it was unanimously RESOLVED, that Harold M. Graney of 8 Bay Avenue, Larchmont, be and he hereby is appointed bookkeeper in the office of the Supervisor for the term of office beginning January 1; 1937, to serve at the pleasure of the Town Board, at the salary set forth in the budget, namely, 01,800. The Town Attorney presented a proposed contract between the Town and The Larchmont-Iamaroneck Humane Society, Inc. for the period from January 1, 1937 through December 31, 1937, which contract, he said., was identical with that approved by the Board for the year 1936 except as to the time of its beginning and ending. This contract covers the _matter of the seizure and maintenance of unlicensed, lost, strayed or homeless dogs and obligates the Town to pay the Humane Society at the rate of : 75.00 a month for its services. On motion by Mr. Meginniss, seconded by Mr. Bates, it was upon roll call unanimously RESOLVED, that the contract between the Town of Mamaroneck and The Larchmont-Mamaroneck Humane Society, Inc. , as above described, be and it hereby is approved; and be it FURTHER RESOLVED, that the Supervisor be and he hereby is authorized, empowered and directed to execute the same on behalf of the Town. At 4:45 P. M. the Board unanimously resolved to adjourn. P