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
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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
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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