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HomeMy WebLinkAbout1938_02_02 Town Board Minutes 1 3 REGULAR "JEETIEG 0 Tl T011WN. BOARD TOWN�;u;l 0F (_AT,�A� Oi\ :, ii . Y: . I_LL: FEBRUARY 2, 1938 � ., �1-i'., '^,,�t i=�'. _f'_GES �_v� .,a�. �0:� ..vn '�..� rOG � !!✓n1..,._ ..L1E _ � .., . T_, 3. 15 P . L . The meeting was called to order by Supervisor iv,cCulloch at Present: Supervisor l=':cCulloch Councilmen Bates, Griffin Mandeville , Meginn.isz Absent ° Wone The presence was also noted of Town Clerk Payne, Town Attorney' I'elius and As=sessor Smith, The minutes for the meetine of !December 30, 1937, vrere anoroved as submitted, The Toni; Attorney stated that he had been infor=ed by the Receiver of Taxes that I.Lrs. J. J. Roach had paid through error fifty percent of the 1937 state, county and town taxes in the amount of 08 on property known as Section , Block 7, Lot 2. He recommended that the Supervisor be authorized to refund this payment to hrs. Roach. On motion by l.lr. Griffin, seconded by 1,Tr. Bates, the follow- in„ resolution was introduced; vote ; RISOL ED that the Supervisor _aereby is authorized to pay to Yrs . J. J. Roach the sun, of " 38.08 as refund of fifty percent of the 103[ state, county and town taxes paid by her in error on Section 9 Bloc"-- 75 Lot 2, and be it i' L'. IT,E`L IE;'iJL�i i':I:' that the Receiver Of Taxes and Assessments hereby is instructed to mar'_ his records accordingly. The foregoing resolution was adopted by the following AYES: Supervisor T.ticCulloch Councilmen Bates, Griffin, Mandeville. a:eginniss vOES Tione Upon motion of Councilman Griffin, seconded by Councilman Bates, the follo=?ring resolution ,nas unanimously ado?Dtedp Gi=EAS , it is considered desirable to obtain authority to jointly, Vii h the Village of La-rcYmront, construct and operate a garbage incinerator disposal plar_t; and T-1-1, AREAS, in order to carry out such. plan, t'ne `Poti�m Attorney and the 'Tillage Attorney have drafted a legislative bill which in their opinion, should be enacted by the Legislature of the State of tie* York, es the terms of an agreement between the Trustees of the Village of Larclrmont and the TotiLin Board of the of !'tiamaroneck, for the construction and operation of such incinerator, and 5=RE'AS, the proposed bill to be presented to the Legislature of the State of P1er York and entitled "An Act to authorize and enable the village of Larchrnont and the Town Board of the Town of iamaroneck, acting for Refuse and Garbage District Number 1, of the Town of Mamaroneck, County of iestchester, to jointly construct and maintain a disposal plant for refuse and garbage, in the Town of vlamaroneck, gest- chester County, and to severally issue bonds or other obligations to defray the cost thereof, and to validate the establishment of Refuse and Garbage District No. 1 of the 'Town of Lamaroneck". has been submitted to the Trustees of the Village of Larchoont and of which they approved by resolution adopted on the 10th of January, 1938, and is now presented to this Board; N09, THEREFORE, BE IT RESOLVED, that the tentative plan and agreement as agreement forth in the proposed bill as drafted by the Town Attorney and Village Attorney is hereby approved. FURTHER RESOLVED that this board 'hereby loss approve the aforesaid bill so presented and drafted by the Town Attorney and Village Attorney and herein respectfully requests the Legislature of the State of New York to enact the same and further respectfully requests the Governor of the State of he,,,.:r York to approve the same when so enacted so that the 'Town Board of the Town of Lamaroneck and the Board. of Trustees of the Village of Larchmont may have the power to construct and maintain jointly a .garbage incineration disposal plant on the basis set forth in said bill and may raise the funds required therefore as provided in said bill. FURTHER RESOLVED, that this Board consents to amend- ments being, made by the Legislature of the State of hew Vork, provided the same do not substantially or materially alter the powers conferred upon the Trustees of the village of Larchmont and the Town Board of the Town of hamaroneck, as therein provided. The folloin" is a copy of the proposed bill; AN ACT 1O _.THORIZB r_tlL ENABLE THE VILLA'J=. OF LsRChMiDUT W! T! 1' uV ''. BOARD OF ""r r -� J. ,_ OF Iv 9:IaR01IECS, ACTH"G FOR REFUSE AY2 GARBAGE LISTRICT I, 'THEIR ONE OF T ! TO0 OF PaL�b -� �. =;CIi, COUNTY OF JJEISTC HSTER, JOIIvTliY. TO CONSTRUCT AND MAINTAIN AT !XCIIr!RATIOid "DISPOSAL PLANT FOR REFUSE AND GARBAGE IN TEE TONN OF JA AR FEC :, WESTCHESTER COUNTY, AND TO SEVERALLY ISSUE BONDS OR OTHER OELIGITIONS TO DEFRAY THE COST THEREOF, AN! TO VALIDATZ TH. ESTABLISHMENT EN OF RE'F'USE AND GARBAGE DIS- TRICT NUABER ONE OF TEE TOWN OF MAMARONECK. The People of the State of hew Yore , represented in Senate and Assembly, do enact as follows: Section lm The village of Larchmont and the town board of the town of Mamaroneck, acting for and on behalf of refuse and garbage district number one of the torn of Mamaroneck, having heretofore agreed upon a tentative plan and agreement for jointly constructing, maintaining and operating an incineration disposal plant for refuse and garbage collected from the village of Larchmont and -refuse and garbage district number one, of the town of Mamaroneck, which agreement includes an apportionment of the capital cost of the acquisition of land for, and the construction of said incineration disposal plant, in the sun of one hundred thirty thousand dollars on the basis of a payment of fifty percent thereof by the village of Larchmont and fifty percent thereof by refuse and _arba.?e district number one of the town of Iliamaroneck and the apportionment of the cost of maintenance, operation and repair of said disposal plant on the basis of the a c to-n -v- _7.=n rc2 an '1s, r '".., c 3. am a---o - -- _ - , - - t^_ Tr_r _. en ns S �?a ..� _ �� s y e 'na S S; d t s,. .._ 0 S a a c `c o na 6� ...__C1 't0 cqC_-----e Ic.rn r+ " n , ai-I'' Lrlf ., _a! .. ._. e_1C'_ a Ere r _ f_ __r of ., _ - _ o .. _ _. - _ < r1 Shall _snt a f, t r8� _ ._alr _1 ' ct f GY ,lart t1, ..f _, a-nchs-_on an a V ..-- � � _ ✓,af� b _�?r Ja _ re r �� _1.al a0 _ _ on lenf. 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L� r- � 1_9 shall be agreed upon by said board of control and also shall be ap-proved by the board of trustees of said village and the town board of said town acting for said district; and said joint board of control is hereby authorized and empowered to emmploy such engineers or other superintendents thereon' as they may deem necessary; to advertise for bids; to award contracts and institute condemnation proceedings as and provided, to receive a. deposit the funds raised for the acquisition o-' land and the construction of said plant including roads thereto, to make payments therefrom as the work progresses; to enga„e such legal services in the preparation of said contracts for the acquisition of such land and construction of said plant as they deem necessary; and to employ such labor, s_- filled or otherwise, and such accounting and auditing, tech- nical and enr,ineering aid as in their judgment may be required and to certify the cost thereof upon completion and jointly to do all things necessary or appropriate speedily and -properly to complete the construction of said incineration disposal plant . in case the mayor of the village of Larchmont requests the board of trustees of said village to appoint another of its members to act in his place and stead upon said joint board of control, said board of trustees may make such appointment and wizen so appointed. such member shall serve at the pleasure of said board of trustees. In case the supervisor of the town of Prama.roneck requests the town board of the town of ldanaroneck acting for said refuse and rnarbage district number one to appoint another of its merc,bers to act in his place and stead upon said joint board of control, said town board may make such appointment and when so appointed such member shall serve at the pleasure of said. to-.,in board. The board_ of control shall be a con- tinuing body, its members 1-jolding office therein by virtue of their respective local officer' s positions or by virtue of appointment as provided in this section. Section 4. The amount contributed by the said village for the acquisition of land for and the con- struction of said incineration disposal plant, as well as the annual appropriation for the share of said village for the maintenance, operation and repair of said in- cineration disposal plant and the amount to be levied to pay the principal and interest for any certificates or bonds or obligations of indebtedness issued pursuant to this section by said village shall be levied and. assessed against said village at large which is hereby declared to be benefited by the construction and maintenance of said incineration disposal plant; and the amount con- tributed by said town for the acquisition of land for and the construction of said incineration disposal plant, as well as the annual appropriation for the share of said town for the maintenance, operation and repair of said plant and the amount to be levied to pay the prin- cipal and interest for any certificates, bonds or obli- gations of indebtedness issued pursuant to this act by said torn shall be levied and assessed against the pro- perty within the territorial limits of refuse and garbage district number one of the town of Mamaroneck, ad valorem, which said district is hereby declared to be benefited by the construction and maintenance of said disposal plant. No notices, resolutions or hearings small be necessary or requisite for the assessment of the share of the cost of the acquisition of land for maintenance, operation and rep disposal plant including roads benefited as herein declared. or for the construction, air of said incineration thereto upon the property Said final plans for the erection and construction of said plant shall not require the approval of any planning board, zoning board or other commission of said village or town. 121 Section 5. Said village so issuing, bonds shall annually raise by tax upon taxable property therein, and said town so issuing bonds shall annually raise by tax upon taxable property in refuse and garbage district number one of said town a suns sufficient to pay the principal and interest of said bonds as the same shall become due, in the same manner as is provided by lava for the payment of principal and. interest��-� bp]-I 1 nQ,I_3 4 a. a� 29 ., ;Pq r #148 - � t of any other bond. issues of said village or town for like improvements and the life of said i:mprover_ent shall be deemed to be fifteen years from the date of completion of the same notwithstanding the provisions of anti general or special law. Section 6. T're cost of -aintenance, operation and repair of said incineration disposal plant for the first year of its operation shall be borne between the village of Larcbmont and the town of i.1amaroneck acting for said refuse and garbage district number one of the town of Mamaroneck, on the basis of fifty percent thereof which is to be paid_ by the village of Larciwnont, and fifty percent thereof uahich is to be paid by the town of 1,1ama- roneck actinz fo-r saia refuse and garbage district nureber one of the town of 'amaroneck. There shall be a reapportionment of such cost of main.taininr. operating and repairing said incineration disposal plant after the same shall have been completed and in operation for one year, which reapportionment shall be on the basis of the -weight of garbage and. refuse and substances collected respectively within said village and said garbage district and delivered to the plant for incineration or disposal during the first year' s operation. There shall be a further reapportion- ment of the cost of ,maintenance, operation and repair of said incineration disposal plant as of the first day of December annually thereafter on the basis of the weight of garbage, refuse and substances delivered to the plant for incineration fron said villa;-e and said garbage district dur;n`_, the preceding year. The joint board of control shall cause daily records to be kept of the quantity of refuse and garbage collected and received from the village of Larc'raont and from said refuse and. garbage district number one of the town of i11araaroneck and the same shall be weighed as received. The joint board of control shall render to said village and said town board acting for said garbage district a statement of the quantities so collected and received for tn.e year ending December first last preceding. At the same time the board of control shall deliver to said village and to the town board acting for said garbage district a report of the affairs of such joint incinera- tion disposal plant and a statement of the amount re- quired to be paid on account to the next ensuing year° s operation, maintenance and repair of said disposal plant . Such report and statement shall be delivered annually not later than the tenth of December. In !Making up such annual statement said village and. said garbage district shall be credited or debited with their proportionate share of any surplus or deficit remaining from the previous year' s operation. In the event that the actual cost of acquiring land for and constructing said plant and roads thereto shall exceed the estimated cost thereof, the said village and to'.an acting for said garbage district shall pay their proportionate share of such additional cost in the same proportion and in the same manner as determined by this act for the estimated cost of acquiring land for and construction of said plant . 1213' land If the actual cost of acquisition%and construction of said plant and roads thereto or the annual cost of maintenance, operation and repair shall be less than the esti:hated cost, any excess which may have been paid to said joint garbage disposal plant shall be refunded to the village or to the town for said district which has paid such excess payment or upon consent of such village or such town may be applied to -reduce its share of t-1 next ensuing annual cost of maintaining, operating and repairing said disposal plant. Section 7. The village of Larch_mont and town of ldamaron.eck shall have the pourer to acquire the necessary lands, ease-ments or ri,o'hts all" i-)rivileges in land for the purpose of this act by purchase thereof, or if unable to agree with the owners for tine purchase thereof, then by condemnation, and the right to acquire such lands, easements or rights, shall be deeaced for public use. T_f the board of trustees of the village of Larchmont and the town board of the town of L+iamaronecz by resolution so declare, the title to tole real property or interest thereir_. to be acquired for public purposes by condemnation small pass to thee village or town according to the location of the property upon qualification of the commissioners appointed to condemn the same and the villa.ge or town in which. such property is located may thereupon enter and take possession of such property. fihenever title is thus vested in the village or town, the commissioners shall add. interest to the awards at the rate of six percent per annum from the date of their qualification to the date of the awards and in case of neglect or default in the pay- ment of the sum or sums of money awarded by the commissioners within four months after the confirmation of their report, the person or persons to whom the awards have been made may bring an action against the village of LarcYmlont or the town of Va:ciaaroneck according to the location of the pro- perty to recover the same with interest . All condemnation proceedings shall be corfinenced and maintained by the said village or town within which the said property is located in the same rr_anner as though it were the sole municipality affected by said improvement, but the awards in such condemnation proceedings shall be paid out of the joint fund contributed in the proportions above-mentioned by said village and said town. No lands, easements or rights of way shall be condemned or other,vvise acquired except upon the approval of the joint board of control and upon the approval of the board of trustees of said village and of the t own board of the town of ;�amaron.ec'k acting for said garbage district . Except as otherwise specifically provided in this act such condemnation proceedings shall be conducted according to the provisions of chapter seventy-three of the con- solidated laws, as amended. In any such proceeding it shall be la;vful for the parties thereto to waive the appoint- -, ment of commissioners to ascertain the con:pensation to be made to the owners for the property to be taken, and, in such event, jurisdiction is hereby conferred upon the supreme court to do each and every act which., according to the provisions of the condemnation law, such commissioners may do. ,Section 8. Jhenever the mayor of the village of Larchmont and the supervisor of the town of Mamaroneck, (or official designated by law or appointed -pursuant to the provisions of this act to perform the duties of either said d -fuayor or supervisor upon said joint board of control ) , may determine it to be necessary to enlarge , extend or otherwise i,. prove tine joint incineration disposal plant, t they shall cause to be prepared and approved a plan, 12 5 estimate and other data pertaining thereto, and transmit the same to the board of trustees of the village of Larchnont and the town board of the town of Harnaroneck acting for said. garbage district. If said boards approve such proposed enlargement, extension or improvement the procedure shall thereafter in all respects be similar to the procedure herein provided for the acquisition of land and construction of said plant, and the cost shall be apportioned on the basis of the weight of refuse, garbage and substances delivered to the said plant for incineration from said village and said garbage district during the two years immediately preceding. The funds for such enlarge- ment, extension or improvement of said plant shall be pro- vided in the same manner as provided in this act for the original cost of said plant, and funds for the operation, repair and maintenance of said disposal plant as so en- larged, extended and improved shall be provided in the same manner as funds for the operation, repair and main- tenance of the original disposal plant. Section a, It shall not be necessary to submit any proceedings or action taken pursuant to this act to a vote of the electors in said village, town or town district and any such proceedings or actions shall not be subject to any permissive referendum procedure, the provisions of any general or special laps to the contrary notm*ithstanding. Section 10. Said villan-e shall annually raise by taxes upon taxable property therein, and said to,7�'n shall annually _raise by taxes upon taxable property in said refuse and garbage district number one of said town a sufficient sum to pay all costs and expenses of maintain- ing, operating and repairing said garbage incineration disposal plant . Section 11. The amount of t'r_.e costs and expenses necessary- or appropriate for maintaining, operating and repairing said incineration disposal plant shall be deemed indebtedness for current expenses of said village and of said to�,,,n actin; for said �iarbage district to the extent of their -respective shares of such costs and expenses as apportioned under the provisions of this act. Section 12. All combustible refuse and garbage collected within said village or within said refuse and garbage district number one shall be delivered to said garbage incineration disposal _plant for incineration or disposal. Said village and said town board acting for said zarbage district shall be entitled to and shall dispose of one/half of the ashes and. residue from the operation of said incineration disposal plant . Section 13. The joint board. of control created b7 this act shall be known as one La.rchr.ont-Il�Ialiaroneck joint garbage disposal commission. Said commmission shall under th prow sions of this act be deemed the agents of said village and. said town board acting for said refuse and garbage district in establishing and maintaining and opc-satin, said garbage incineration disposal plant, and shall have exclusive direction, operation, management and control of said plant . No judgment shall be rendered against its officers or members, where the transaction upon which the action was browZht or arises shall have been in the performance of their duty as officers or members of said commission, and such judgment shall not be paid and enforced against the individual property of such officers or members. Said joint garbage disposal commission may contract for indemnity insurance insuring itself and the village of La-rclirnont and the to,vn board of anaroneck acting for said refuse and garbage district number one or any or all of the. against liability imposed by laJV for da-zages for injuries to persons or property. Said comrr•.ission shall have °oower to receive and deposit funds for said incineration disposal plant and ma ,e -oaJ,nents therefrom, to contract in its own name and to employ superintendents, engineers, e°perts, legal, auditing and technical aid and labor skilled or otherwisey and to do and perform also in its oven name, any and all things necessary, appropriate or incidental to the P_ out of all of the purposes authorized by by t',.is act . Section 14. Said villa, e and sai -I t oun board acting for said garbage district shall cause -refuse and. garbage to be delivered to said plant, in such conveyances at such time and manner as the rules and regulations of the board of control shall direct, but such rules and regulations shall not discriminate against said village or said district. Such board. of control is hereby authorized to make, promulgate and enforce such rules and, regulations, provided that before promulgation such rules and regulations are subject to the ao-oroval of the board of trustees of said village and ofsa.id town board, acting for said garbage district . Section 15 . Jurisdiction is iaereby conferred upon the supreme court to enforce by mandamus orders, upon the application of said joint garbage disposal commission or of either the village or the torrn board acting for said garbage district interested in the joint garbage in.cireration disposal plant, any of the provisions of this act . Any individual or corporation entitled under any contract made pursuant to the provisions of this act co receive a sum of money from the joint garbage disposal commission, or fro;:n any municipalit or district interested in the said incineration disposal plant, may likewise enforce payment thereof by mandamus orders. Section lo . The board of control, subject to t1_ e approval of the board of trustees of said village and of said tovn board. acting for said garbage district , shall have the povaer to sell, Lease or other-,wise dispose of any land or other property which in its judgment is not necessary for the maintenance or operation of such joint garbage disposal plant, or which in its *udg- ment it is advisable to sell, lease or otherwise dispose "^ oi . The funds derived from the s ale , leasing or other disposition of any such property shall be credited ratably to the village or district in accordance *rith the original capital amount said village or district pays into the joint disposal plant, unless otherorise apportioned by agreement of the board of trustees of the said village and- the town board acting for said garbage- district . Section 17. The board of control may, by and- with the approval of said village and of the town board acting for said garbage district, enter into a contract xith any person, corporation, firm, district or municipality, to take, receive and dispose of garbage, refuse, decayed animal matter or other substances. The moneys received therefrom shall be paid to the joint board of control and applied to the cost of operating, maintaining and repairing said garbage incineration disposal plant. Section 18. Nith respect to provisions herein authorizing the acquisition of land for and the original construction of an incineration disposal plant this act shall be interpreted as permissive only and not 129 compulsory upon the municipality or district affected thereby. Section 19. The acts and proceedings of the town board of the to-.-in of ia_anraroreck and of the supervisor of the town of i.Samaroneck and of an-Y, officers of said town heretofore had, taken or caused to be had in relation to the establis ent of refuse and garbage district number one of the town of Pslamaroneck, are hereby legalized, validated and confirmed notwithstanding any lirlitations contained in any l a,ri or any irregularity or defect in such acts or n_ roceedings or lack of authority to perform such acts or take such _proceedings. Section 20. If any clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, suca judgment shall not affect, it=pair or invalidate the rerr_ainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or, part thereof directly involved in the controversy in v-Tnich such ju.dErent shall have been rendered. Section 21. This act shiall take effect irmlediately. AYE 3: Supervisor McCulloch Councilmen Bates, Uriffin, 11�andeville, H,eginniss NOES: !,,one Town Attorney Delius -reported _,n the certiorari proceed- ings filed with the Toy^rn of Lama.roneck and the Village of Larchmont by =,!_ . C . De'�Titt Rogers in connection with his property on Pryer Lane, Larchmont3 i' . v, , known as Section 7, Block Si_, Lot 3, :which matter had been referred to him at the previous -meeting. Following a lengthy discussion the Board instructed the Town Attorney to pro- ceed with the action. Town Attorney Delius offered for discussion the details in connection ,with the ap-plication to settle the certiorari pro- ceedings filed by Ideffert & Company for property known as Section 9, Block 19, .Lots 11A, 11B and 11C . Following some discussion upon motion by Councilman I:Ieginniss, seconded by Council=man Pdandeville, it was unanimously RESOLVEL, that the application of II:effert _, Company, as above set forth, be denied. Supervisor McCulloch presented a letter dated _-eceniber 30, 1937, from the Actors' Fund of America, signed by .Sa uel A. Scribner, -ria'k-ing application to the Town Board to waive certair_ tax liens for e the years 1931 to 1937 inclusive. The property was acquired through the purchase of a mortgage °:rhich was sold to the Fund. and later turned out to be in default . The Supervisor stated that this is a charitable organization which had devoted nrany of its activities to aid the -government in the C.reat 'Aar and that the officers of t'c?is organization give a great deal of their time to take care of the affairs of the Fund without compensation. Upon motion by Councilman Griffin, seconded. by Councilman Bates, the following resolution uras introduced; RESOLVED, that in view of the fact that the above application has been submitted_ by the Actors' Fund of America., a charitable organization, the Receiver of Taxes and Assessments be and he hereby is authorized to accept payment of the taxes for the years 1931 to 1937 inclusive at the face amount 1 vote : of the liens held by the Town on property described as Section 7, Block 16c, Lots 67 to 69 inc. ; 11 to 14 inc . ; and 52 to 57 inc. ; without interest . The foregoing resolution was adopted by the following AYES: Supervisor lulcCulloch Councilmen Bates, Griffin, 2vlandeville, Aeginniss NOES: None The Supervisor stated that it would be in order for the Board to adopt a resolution approving of the water rates to be charged by lirestchester Joint 'Nater- i�forks No. 1 for the Town of itIamaroneck during the year 1933. Upon motion by ii r. P%Iandeville , seconded by =!r. Bates, it was upon roll call unanirmously RLSOL ED, that the water rates to be charged for the year 1938 for water consumed in this Town by consumers of the '.1estcheste-r Joint Water vior=rs No. 1 shall be as follows, to wit: 5/8 in. meters S'3. 00 per quarter for which 950 cubic feet of water will be furnished. For meters larger than. 5/8 in. fixed service charges as follows brill be made : 3/4 in. saeters X1. 50 per quarter 1 in. meters 3.00 12 in. meters 6 .00 2 in. meters 10. 62 3 in. -peters 21. 87 4 in. meters 37. 50 6 in. meters 81. 25 8 in. meters 143. 75 10 in. meters 212.50 " In addition to the above fixed service charges, and for water used through 5/8 in. meters in excess of the quarterly- allowance of 950 cubic feet, water actuali;r cons-ou.ed will be charged for at the follow- ing rates: For the first 5 , 000 cubic quarter, 30¢� per hun:.red. For the next 15, 000 cubic quarter, 25d per hundred. For the next 30,000 cubic quarter, 207' per hundred-. For the next 250,000 cubic quarter, 16e� per hundred. For all over 300,000 cubic quarter, i4c per hundred. feet used within the I eet used wi'uhin the feet used withir the feet used ,=�7iuhir the feet used within the On motion by Councilman I,.andeville, seconded_ by Councilman Griffin, it was unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized to accept pay, ,ient of the taxes for the year 1925, sale of 1926, at the face amount of the lien held by the Toran on -ooperty described. as Section 2, Slocr. 10, Lots 31, 32 and 33, without interest . 133 The Supervisor read a memorandum from Edward 1. Graff, Village Clerk of the 'Tillage of Larchmont, concerning property known as Section 6, Bloch 3, Lot 13 which was acquired by the Town of Mamaroneck from Jar r E . Ravenscroft and others for the use of a sewer pumping plant . The Supervisor stated that a portion of this croperty was conveyed to the County of Vestchester in accordance with an agreement betuween the Town and the County by which the County took over and assiamzed the maintenance of trunk line sewers in the Tc-5n of P.Iamarcnec'_,� as part of the ' amaroneck Valley Sewer District. The property- now remaining vacant is on.med- by the Town and this pro- perty is being taxed by the Village of Larchaont. Town Attorney Delius- advised the Board that it would seera to hint that this property may be exempt under the present Tax Act as long as and. until it is used for some purpose definitely not a municipal purpose . After a lengthy discussion the following resolution was introduced- by Councilman Griffin, secon.d-ed by Councilman «and-evillee RESOLVEL, that the taxes on Section 6, Block 35 Lot 1, due the Village of Larchmont , be paid and every effort be made to sell tlae pro=perty as soon as possible . TLe To':'m Clerk read a letter dated February 1 , 1938, from Ere o- H. 3u ll, Village Clerl't of the Village of Laraaronec'_ , enclosing certified copy of a resolution passed by the :3oa-rd of 'Trustees of the Tilla;:e of I1ar;;aron.ecl: in nr-rnich they urged that the present laws be amenaed so that 'Aestc'_nester villages may obtain a portion of the incorie tax revenues. The Supervisor remarked that the Town° s burden of relief costs was the major reason why the -own should be allowed to retain t'.ae full amount of the income taxes revenues given it by the State. -Inniss remarked that the villages are asking that this fund be split three ways so that they -will g.et one-thi-rd,but the remaininc, third will have to go into the general town revenues and. therefore, will be s_oread over the sene-ral town. -He suggested that the re��,aining t�iird be confined to the unincorporated area. The Supervisor stated that the bill will be -,presented to the Board of Supervisors before being sent to Albany and that while he coulf not consi ster_tly vote against it, he thought that the villages were .Makin`; a mistake so, long as the towns are carrying the relief burden. The letter was ordered- filed. The Town Clerk read a letter dated January 31, 1933, received from ;iunn Brewer, attorney for 'aVestchester Joint :mater ��Jorks V'o. l enclosin_L° three proposed amend-eats to the Jvater �iorks Lot, Chapter 654 of the Laws of 1927, vihic'n had been approved and ordered submitted to the governing board of the respective municipalities for their consideration. --r-on motion of Councilman Bates, seconded by Councilman Griffin, the following resolution was unanimously adopted; 'A REAS, it is considered- desirable to amend chapter six hundred fifty-four of the laws of nineteen hundred tTer_ty-seven entitled "An act to authorize two or more municipalities, excepting cities but including water districts, jointly to acquire, construct, lease and maintain a water works system, to provide the method of financing L-nareof, to provide for the manageaent, operation, sale and disposition thereof and otherwise I o act jointly concerning the obtaining and distribu- ting of a supply of mater, ' in relation to the con- peeration of Trustees, the deposit of funds and the use and aporo_oriation of water receipts; and W1iLREAS, the Attorney for 4,Vestchester Joint Water Works 13o. 1 has drafted an amendment to this bill which in his opinion should be enactea by the Legislature of the State of New York; and W<iIREAS, the proposed amendment to be presented to the Legislature of the State of New York has been subinitted to the Board of Trustees of ':Westchester Joint Water '4Iorlcs No. 1 and of which they approved by resolution adopted on the 23th of January, 19713, and is no,,-,,, presented to this Board; No V, T'I'LL` REFOHL', BL IT HESOT_V'�L, that the proposed_ amendment as drafted by the Attorney for the l'Jestchester Joint Water Works No, 1 is hereby approved. F? ?TihR RESOLVEn, that this Board hereby does approve the aforesaid amendment so presented and drafted by the Attorney for the Westchester Joint -.1ater Works No. 1 and herein respectfully requests the Legis- lature of the State of Nevv York to enact the same and further respectfully requests the Governor of the State of New York to approve the same when so enacted_ so that the Board of 'Trustees of 'destchester Joint Water Works Pdo. 1 may have the pourer to detemnine the compensation of -Trustees, the deposit of funds and the use and appropriation of ,rater receipts on the basis set forth in said amendment . F?JRT HER FESOLVED, that this Board consents to amend- raents being -made by the Legislature of the State of Neill York, -crovided the same do not substantially - or materially alter the -_Dowers conferred upon the Board of Trustees of the '.Westchester Joint 'i ater Works No. 1, as therein provided. The following; is a copy of the proposed bill.. Ali ACT to amend chapter sid hundred fifty-four of the laws of nineteen hundred twenty-seven, entitled "An act to authorize two or more r_zunicipalities, excepting cities but including water districts, jointly to acquire construct, lease and maintain a water works system, to provide the method of financing thereof, to provide for the management, operation, sale and. disposition thereof, and. otherwise to act jointly concerning; the obtaining and distributing of a supply of water, " in relation to the compensation of Trustees, the deposit of funds and. the use and appropriation of grater receipts. The People of the State of Nei York, represented. in Senate and Assembly, do enact as follows: Section 1. Subdivision seven of section three of Chapter siz hundred. fifty-four of the ga=rs of nineteen hundred twenty-seven, entitled' An act to authorize two or more municipalities, encepting cities but including ...ter districts, jointly to acquire, construct, lease and .raintain a water works system, to provide the method of financing thereof, to provide for the management, operation, sale and disposition thereof, and otherwise to act Jointly concerning the obtainin" and_ d.istributin- of a suppl=y- of water, T1 as amended, is hereby amended to read as follows.. Each member of the Board of Trustees shall be entitled to receive the sure of Ten Dollars as compensa- tion for his attendance at each meeting of the Board of Trustees provided such nember may otherwise lawfully receive the same and e-_ceps that the Board of Trustees . may, by resolution, fix and provide the compensation of eachrxernber of the Board of Trustees who receives no compensation by virtue of his office in a member Munici- pality at a sum not to enceed Five -undyed lollars per ann urn. Section 2. Subdivision one of sectionnine of such Chapter is hereby arriended to -read as follows: The ;card of Trustees shall, from time to time, designate one or more banks or trust companies of this State to be the depository or depositories of the funds: of the sai:- join's water r�;orl_ks and an account shall be maintained in any such bank or (banks) trust corrrpal�z in the name of such joint water works, and upon such terms, includin;T rate of interest if and as a:ay be agreed upon between such (bank) depository and the Board of Trustees. The banes or trust coapanies so deli-,nested b_- the Board of Trustees ma-.- include ban s or trust cora- uanies of which merabers of the Board of Trustees are officers directors or stockholders. All moneys to be paid by any municipality to said joint oaater works s <all be paid to the treasurer, hereinafter referred to, by check or draft drawn to the order of said joint water works. Section 5. Subdivision seven of section 16 of such chapter is hereby a--ended to -read as foliow-s : (All such municipalities ) And such muni cipality shall keep the receipts fro ! t1>e operation of its distribution s-suer„ separate and apart from all other municipal funds and small not use or appropriate any portion thereof for any (other) purpose ( so lonz as any such bond or reissue thereof, or a_nv ctL,cr bonds sub- sequentl�y issued by betterments, improvements or enlarge- ments of its ,;-dater supply system shall remain unpaid) other than tl.ae lawful cost of operatin,-; the _1oint xater works and such munici-palitv' s distribution s7stem. and the payment ofd certificates of indebtedness or interest and amortization upon any bond_ or reissues t hereof issued for tLe acquisition, betterment , improve- ment or enlargement of its water supply=-stern e. ce,Dt that any surplus over and above the current requirements for sucn purposes r,2a- be used and appropriated for the betterment , irnprovernent or en?argernent of the joint water vaorks or such. :m..unicipality' s distribution system. Section 4, This act shall take effect immediately. AYES: Supervisor hcCulloch Councilmen Bates, Griffin, i,andeville , Meginniss 1_'IOL15: Tone Followin; some discussion re`ardin� the method of collecting water bills, it was upon motion by Councilman Bates, seconded by Councilman vriffin, unanimously RESOLVED, that this Board desires to continue the same plan of collecting water bills that is now in operation. Councilman '_-and.eville reported that ;^.e and 'Perin Encineer Foote had conferred v:ith the contractors in cie«rge of tie `,arbage collection and had 1^yarned_ them that if the;;- did not live up to the terns of the contract , the To,,°,n =•;ou1d discontinue their services . The Board approved of this action. '39. The `To,an Clerl read a letter dated rebruary 2, 1938, from the Board of Police- Co=ts°ioners reco-aucndifl -Lnat the lo':in Board amend Chapter 4, Section 1 of the To-ct&n' s General Ordinances so as to include 0. new section on hunting that would contain a provision relati"P_- to presumptive evidence, and also stati rig that the Co:mmisSion rrould be glad to discuss the matter further frith the Town Board or with the Attorney for t'_ze To-:vn. Upon motion by Councilman Griffin, seconded by Co Uncllinan Bates, it 'sas u.naninously RESOLVED that the letter received fro- tie Board_ of Police Commissioners be referred to Town Attorney L'elius9 and be it FI;R'1'-- i 7JLZ LL', that _t is the su gestion of this Board that the Police Co--a-Fission write to the people who have signed. the petition dated Januarlr 25, 1938, and ask their coo-eerati on in tats matter. The • To�1'm Clerk read a letter dated January 27, 1933, from the i-amaroneck Chas:"Aber of Co=erce, Inc. , concerning a resolution which was adopted at its regular meeting held January 17, 1938 in which reco_naendations were set forth in regard to amending the High- way Law so that certain highway charges would be confined to the unincorporated area and the villages would be relieved of this expense . The letter was ordered filed.. The report of the Building ins-pector for the .:.onth of January was received and filed. The report of the Receiver of Taxes and Assessments for the month of January was received and filed. Councilman 't'.eginniss read the annual report of the Fire L'enartrnent which was ordered filed. A petition. dated February 2, 1938, was received from the Assessor, requesting the correction of the assessment roll for the year 1937, taxes of 1938, as more fully set forth below, so as to permit the apportionment of taxes. On notion by Councilman Griffin, seconded by Councilman Eieginniss, it was unanimously RES01,7EU, "uIEF;REAS, the Assessor has petition dated February 2, 15381 fo of the assessment roil for the year 153° pursuant to the provisions of Chapter 105 of the Lamts of 1916, as as the 'v'•estchester County Taa_<_ Act , presented a e the correction 1937, taxes of Section 33 of amended, knolvn and -L �Aa after due consideration this Board finds it desirable to ,rant said petition for the correction of said assessment roll; + .id'I, - F—)Rh, LSE IT YwSOLULD, that the assessment roll for the year 193'1 , taxes of 1938, rhich shows property now appearing on the roll as follo:ws- Section Llociv Lot Ovvner Land Brun. Total 7 56 lA -;Iarion L. Steele :11,65, 000 4;1'7, 500 :„:82, 500 be corrected as follows, in accordance -,,,aith the provisions of subdivision o of Section 33: Section Block Lot Owner Land Trip. Total ;{ 56 lA 'r arion L. Steele ,T 49, 000 �r173 500 $66 , 500 7 56 lE 16,000 _ 16,000 Y A petition dated -February 2, 1933, 1, as received from the Assessor, reque Stinp that certain property in the 'Pavan of i_amaronec'_i omitted from. the assesst;_ent roll of 1937, taxes of 1�3S, be inserted on said assessment roll, as more fully set forth below. On ia!otion by Councilman riffin, seconded. by Councilmen 4_e�inniss, it was unanimously RESOLVEE, `';`E?FAS, the Assessor has presented a petition dated February 2, i938, regttestin;, that certain property omitted from the assessment roll of 1037, taxes of 1933, be inserted on sail- assess- ment roll , pursuant to tne provisions of Section 33 of Chapter 103 of the Laws of 1913, as amended, knot-,,rn as t­ County Tar Act; and 'IdiI]IREAS, after due consideration this board finds it desirable to grant said petition for the correction of said assessment roll; _+OVL, TFHEREFOR2, BE T RESOrVED, that the following described property be inserted on the assessment roll for the year 1937, taxes of 1038, in accordance with the -provisions of subdivision 3 of Section 33: Section block Lou Owner Land Iran. Total 9 83 19, 20 Alfred L. Elgar ; 4 000 - $a?, 000 Councilman Griffin presented the report of the -Public i!elfare Department for the nonth of January which ,vas ordered filed. Councilman .ri-ffin reported that he had arra=ed a. conference with Dr. O' Brien and Dr. liatshco cf the aestchester Count,; ..':edical Association and they advised him that they favored the proposed. plan of having a local medical officer. Councilman Griffin reported that the usual worn was being done by the Park Department . The Supervisor stated that he had received word from the ;J. A. o:fficial_ at r'rhite Mains to the effect that they intended to employ all of those who are eligible for rd. F. A. work. At 11: 05 P. the Board unanimously resolved to adjourn. 4 ^own C_erk