HomeMy WebLinkAbout1930_10_01 Town Board Minutes (2) j
201
127TI1 7u OF T T OW. BOARD
Mil OF _u'0_ vYL, "IS Y.
held October let, 1930,
The meeting was called to order by Supervisor Burton
at 9 :25 M.
Present , Supervisor Burton
justices Boyd, Leeds and Eassersmith
Town Clerk Marvin
The presence was also noted_ of Counselor Gamble..
The Clerk suggested that, in view of the presence of
certain people who wished to address the Board, the regular
order of business be suspended in order to hear them.
his. Annie L. Florence , applicant for rezoning of her
property on the Boston Post Ro-ad, Larchmont., said she had made a
trip to the State Highway office at Poughkeepsie to obtain certain
information in connection with the new lines of the Post Road,
only to find that the State Highway Department did not possess the
information.
:Supervisor Burton informed her that the final maps would
be ready within 10 days or so and said at that time she U^,ould. be
able to obtain the information required..
Chairman Earl 0. Gary and Commissioner Robert W.
Crawford of the Police Commission addressed the Board on behalf of
the adoption of a pension fund for the police department. A long
discussion followed in .which all the members of the Board took
part. They all agreed that a pension fund was necessary but the
Clerk said he did not favor the particular plan submitted by the
Police Commission.. Upon motion by Justice Yessersmith, seconded
by Justice Boyd, it was
RESOL`Tfi'D, �HF'RFAS, the To-;n Board of the Town
of Lmaroneck desires to establish a Police
Pension Fund in and for the unincorporated
portion of the Town of hamaroneck, towuit,_
all of that portion of the Town included within
that section known as Police District No. 1 in
the Town of Hamaroneck in accordance with
Chapter 791 of the Laws of 1928 of the State
of New York; and
WHEREAS , the Town of hamaroneck has establisher)
a Police Department pursuant to the provisions of
the Town Law and has established Police District
To. 1 therein; therefore be it
RESOLVED, that the Town Board of the Town of
hamaroneck do and it hereby does establish a
Police Pension Fund which shall be created and
administered in accordance with Chapter 791 of
the Laws of 1928 of the State of Eew York.
The question of the adoption of the foregoing resolution
was pub to a vote which resulted as follows ;
dyes : Burton, Boyd, Leeds and Messcrsmith
Marvin not voting
203
The Supervisor advised. the Board that pursuant to
Subdivision 1 of Section 1 of said law it is provided that the
Supervisor, with the consent and approval of the Town Board -,may,
or on the direction of said Board, must establish a co'mrmittec,
consisting of a member of the Town Board to be annually ap-_rointed
by the Supervisor of the loiin, atid the Chief of Police , o 'DE tnt �a
trustees of the Police Pension Fund. He stated that said ilct
sets forth the powers and duties of said Corilittee , to wit, the
Trustees of the Police Pension2und and were known as the Board
of Trustees of the Police Pension Fund; and he stated that the
duties and powers of the Board of Trustees of the Police Pension
nand were stated in detail in said 1",ct and provided of ,,chat funds
the Policc Pension 'Fund shall consist, the amount of pensions and
the powers to grant pensions from said funds and all other ,utters
connected therewith.
The Supervisor recommended the appointment of Judge
Wesley ii. Iuressersmith, a member of the Town Board, Captain Edward
1�. Deeper, Chief of Police of the Town of To�amaronecky and the Super-
visor of the Town of 3-Tam roneck to be the Trustees of such Police
Pension Fund for the ensuing year.
Upon motion, duly seconded, it -,.'as
RESOLVED, that the Town Board of the Town of
Kamaroneck, pursuant to Subdivision 1 of
Section 1 of Chapter 791 of the Laws of 1928
of the Sta.tc of I,;ew York, consent and approve
of the establishment of a Committee consisting
of Justice sI esley H. hessersraith, a member of
this To,r:n Board, 7dtaard < Deck-r, Chief of
Police of the Town of S,Iamaroneck, and the
- Supervisor of the 'Town, to be Trusters of the
Police Pension :?and_.
The Supervisor stated that he , as Supervisor of the
Town and_ as a. member of the Police Dom mission of said Town had
on deposit at the Trust Company of Larchmont in a Special Account,
entitled "Town of Hamaronec'k Police Pension ."Und" the sum of
8,434.15, which total was made up of sumis of -money which had
been received from time to time for the purposes of a, Police pension
Fund and had been deposited and "held by him in trust therefor,
there heretofore having been no provision under the Town Law under
which such a Pension Fund. could be established.
,e further stated that he believed that all of said
moneys could properly be transferred to the Trustees of the
Police Pension i,und_ just established, which would place said
Police Pension _,und upon a. substantial basis at once,.po that it
could adequately function.
On motion, duly seconded, it was
RESOLVED, that the Supervisor of the Town of
Lamaroneck, be and he hereby is authorized,
empowered and directed to transfer to the
Trustees of the Police Pension Fund hereinabove
established, the sum of .';8,434. 15, plus interest
which may have accrued thereon, now on deposit
at the Trust Company of Larchmont and standing
on its books of record in the name of the "Town
of iiamaroneck Police Pension rund`' account., together
with such additional amounts as may have been added
to said fund since said date , if any, further
205
H2SO .TD, that the Supervisor and/or the
Board of Police ;ommissioners and/or the
Chief of -Police of the -ovrn of Uai-naroneck be
and they hereby respectively are authorized,
empowered and directed to hereafter credit
vh-% as and if received, and from time to time
hereafter, such sums as may be -received by or
paid to the o::n of i.amaroneck or any department
thereof, i;Yhich sumsshall represent an7 % of those
amounts or items provided to be paid into said
Police Pension Fund as provided in said Chapter
791 of the Laws of 1928 of the State of _ evr ;York,
or such amounts as shall be considered as a part
of said r'olice -''ension 2-kind under the provisions
of said Act.
The Supervisor stated that pursuant to the provision of
said Act, no member of said Police Department shall be entitled
to any benefits under the Police Pension. Fund herein in any way
natever, Unless he shall have signed a consent that two per cent
(2%) of his salary shall be taken for the benefit of the Police
Pension 'Fund, as provided in Subdivision 5 thereof, and also a
consent to have 25j deducted from all rewards, as provided in
Subdivision 2 of Section 2 of the Act.
On motion, duly seconded, it vuas
RESOL�. D, that Counsel be and he 'Hereby is
authorized and directed to prepare the nec-
essary Consents to be executed by the meErfoers
of the Police Department so that the members
of said Department be placed in a position 'to
obtain the benefits of said Police Pension fund;
and it is further
RHSOLVED, that thee Supervisor, the Board of' Police
Commissioners- and./or the Chief of Police be and
they hereby are authorized, empaaered and directed
to hereafter deduct two per cent (2;S) of the salary
of each member of the Police Department monthly ,
urho shall have signed a consent thereto in writing,
and file the same vith the Supervisor, and to pay
said o goer cent deduction monthly tiro the Police
Pension }?undo and also to deduct Enty—five per
cent (25/11 from all -rewards made to oliceman, as
-orOvided in 3ubdiv- slon 2 of :Section 2 of the .ct5.
and to pay the same into said Police Per_sion Fund-,
provided a consent. has been signed by the officer
receiving such award®
Upon motion by Justice Kess3rsmith seconded by yustice
Boyd, it- eras
i,.hat. Counselor 'Na-f ole be authorized to
to
take care of all legal ;natters in connection :with
organizing the fund and setting up the commission.
Chairman ''ary and Commissioner Crawford thereupon thanked
the Board for its favorable action.
'i cOTL7iLLZ 1.0 a.t lOCi Ova.S received from _irS. Ti. .. Jel fc rs On on
behalf of the I
Ila
rch:_ont (.irl Scouts Ccllmqu:ni ty Comn-ittee reC,ues ting
t:HE USG of the '<+C-aver Street 1'1rC- .`'CUSS On Tuesday GvE.n1ngS. The
matter ,:aas referred to the r'eave-r Street Lire :souse C,'ormziittee ,with
power
207
n communication was received from the Tamaronech ill
itar Atiletic nosociation Inc. , inviting the Town Board to attend,
the official opening of the football season at the Harbor Island
field on Sunday, October 5th, at 2 Z.H . The communication was
ordered received, placed on file and the Clerk directed to
thank the Association and to say that all the members of the Board
who can do so will attend.
Counselor amble presented a resolution in regard to
cancellation of two items of sale for taxes upon the recommendation
of the Board of _assessors and the Koceiver of TanesP
Ujon motion by the Clerk, seconded by Justice Boyd,
it was upon roll call unanimously
RESOMED, WHEREAS, there appears upon the Tax
Sales record in the office of the VecUv= of
Taxes of the Town of 1---amarcnnck two items of
sales for tones as follunz :-
Frederick j. Hell y, 2lot of two acres , Griffin
Place Tax 1914-1915, Sale of Tay 24, 1916 '110.41
Tax 191E, Sale of Hay 23, 1917 Q7K901
and
I",L7 RE ',.S,
-i�,� the property affected is situate at the
southerly side of the Old Easton lost Road and
was formerly owned by Alvina Sullivan, and
WH=AS , the aforesaid property was first described
upon the map use? for assessment purposes as Section
91 31ock 61 lot 1 and thereafter a parcel in the
rear of said plot appears to have been sold, and tax
lot ho. 1 divided into two parcels , the parcel so
sold being designated as Lot 1B and the parcel
remaining fronting on the ?cyst aoad designated
as Lot L!, and
KH7REAS9 the Receiver of lanes reports that all
of the taxes on the property above designated
for the years 1914, 1915 and 1916 have been paid
as appears from the various tax rolls of the
receiver of lanes , and
WH71P,7AS , the above sales are alleged to affect
the premises of Sullivan heretofore descrLbed,
and
lHERZAS , the Board of Assessors of the Town of
Hamaronech after examination of the assessment
roll report that it is impossible for them to
ascertain what specific piece of property the 1916
and 1017 tax sales affect as the description is
inadequate and it is probable that when the
aforesaid Lot Yo. I was divided into Lot 1A and
13 through error the old description was not
taken from the tax roll, and
'=RP AS , Board of Assessors recommend that as the
aforesaid description covering said sales is so
indefinite as to location that it is erroneous
and in their opinion a possible duplicate assess-
ment and they recommend that. the said sales be
cancelled by this Board, therefore , upon the
recommendation of the Board of Assessors and
the Receiver. of Taxes , be it
RESOMM, that the Supervisor and the Receiver
of Tares be and they hereby are authorized,
directed and empowered to cancel upon the various
books of record of the Town of Yamaxonack the
following two items of sale for taxes : -
P-redterick J. Kelly , plot of two acres ,
Griffin Place
Tax 1914-1910, Sale of rr_al 24, 1916 :' 110.41
Lax 1.916 ;late of L-ay 23 , 1917 73 .96
and to issue such certificates of cancellation
as may be necessary to clear said sales , further
PSOLtir.,D, that the Supervisor and Receiver of
Taxes and the Board of :assessors be and they
— hereby are authorized and empowered to rar'_"c
their records accordingly..
The Clerk reported that he had received three complaints
in regard to odors arising from the garbage dump on
Iiadison .,venue and that he had inspected the dump and had thereat
ecome cognizant of said odors, Sir Edwin ^. Dimond, garbage
contractor, ,oho was presc-nt, addressed the Board and said that the
use of this dump had been discontinued and the refuse thereon
dumped had been covered with dirt and lime. The Clerkwas directed
to inform the complainants of 1. r.. Dimond 's action.
communication was received from the Blue Club Coach
lines concerning its application of sometime ago regarding the
right to pick up and put down passengers at liamaroneck Enroute
to and from S<eo York.. The communication was referred to Counselor
Gaible who re-ported orally Uhut the matter t'e'as in state quo and he
would report thereon at the next meeting.
The dommittee heretofore appointed in connection with the
Painting and Redecorating of tine weaver Street fire House reported
that the t-,ork pertaining to the contract- between the 'lotion of
Lamaroneck and ^Michael T. Kanning dated July 2nd,- 1930 , at a price
of z'3 ,750.00 had been completed.
Sudge Leeds stated that in connection with the work
the Committee had found it advisable to have certain additional
work done, including the painting of certain furniture in the
auditorium of said a?ire House and submitted a list of the additional
and extra items which he stated had from time to time been a ,- oved
by the Corsaittee and brought to the attention of the Tom Board
and_ he requested the official approval of the 'Tovn Board to said:
additional items, which aggregated t he sum of 1938.78, which added
to the amount of the contract made a. total cost of ':','4,588.78.
The following -resolution was offered by Justice Leeds ,
seconded by Justice liessersmith, and it eras u-pon roll call unanimously j
zSOIVi'D, that the report of the Committee on
repainting and redecorating the @eav= Street
Fire House be approved and that the additional
items of expense reported to this Board in the
amount of :.938.78 be approved and the action of
said Coimaittee in ordering the same ratified and
confirmed, further
RZSOLITTD9 that the work including the extras ,
done under said contract be approved and is
hereby aece;oted; further
PeSO:T,VED, that the Supervisor be and he hereby is
authorized and empowered to nuke ?payment of the
final balance due under said contract and of the
additional sum of .;,938.789 being the amount of the
extras 'aereinabove approved, making a total payment
for the same of X4,588.78; further
II
RE+'SCIVED, that the Supervisor be and he
hereby is authorized, empowered and directed
to issue a Certificate of Indebtedness in the
amount of $4,688.78 to cover the cost and the
expense herein authorized for a period of not
to exceed 18 months at a rate of interest not
to exceed 6% per annum, and to sell the same at
not less than par; the same to be levied,
assessed and collected in the 1931 Budget
against Fire , Lighting and Water Supply
Districty No. I of the Town of Mamaroneck.
The Fire Committee reported that the repair and rebuild-
ing of the American-LaFrance pumper stationed at the Weaver Street
Fire House had been completed in accordance with the terms of the
contract with the American-LaFrance & Foamite Industries, Inn. and
had been returned to Fire Headquarters. The Fire Committee stated
that the officers of the '~weaver Street Fire Company had checked the
apparatus with the contract and had approved it and recommended
the acceptance of the apparatus, in which report the Fire Committee
concurred.
The Clerk presented the form of acceptance of the
pumper which had been signed by the Supervisor subject to the
approval of the Town Board..
Upon motion, duly seconded, it was
RE'SOLVE'D, that the American-LaFrance pumper
stationed at the Weaver Street Fire House ,
which has been repaired and reconditioned by the
American-LaFrance & Foamite Industries , Inc. , be
accepted upon the recommendation of the Officers
of the ':leaver Street Fire Company and the Fire
Committee and that the action of the Supervisor
in accepting the certificate of deceptance be
ratified and the Supervisor authorized to deliver
the same to the said Company= and to make payment
for the work provided for under said contract in
accordance with the resolution of this Board
adopted May 7th, 1930.
A claim in the amount of $35.00 was submitted by A. J.
Foote Engineering Corporation for preparation of a survey of a
house located on lot 4 on "Subdivision of lot 63, map of Chats-
worth" . The claim was approved by the Building Commission for
whom the expense was incurred. Upon motion by Justice Boyd,
seconded by Justice Mteseersmith, it was upon roll call unanimously
RESOLVED, that the claim of A. J. Foote
Engineering Corporation in the sum of
$35.00 as above described, be and the
same hereby is approved and ordered paid.
Counselor Gamble reported approval of the form of
contract between the 'Town and the "Larchmont Public Library which
had been referred to him at a previous meeting.
Justice Messersmith presented to the Board the proposed
contract between the Town of Mamaroneck and the Larchmont Pudic
Library, providing for the use of the Larchmont Public Library
by residents of the unincorporated section of the Town of Mamaron-
eck embodied in Fire, Lighting and ;water Supply District NO. 1
and Fire District No. 2 of the Town of Mamaroneck at an annual
charge of : 3,500..00.
21
Justice T,iessersmith explained to the Board that the
land, buildings and equipment of the Library is donated by or
purchased from funds donated by residents of the Village of
Larchmont and of that part of the unincorporated section of the
Town of Mamaroneck known as the Larchmont Postal District on the
theory that the Library would be operated as a free library.
Thereafter it was found necessary that the library be changed
I
rom a free library to a public library and the legal title to '..
the land$ buildings and equipment were transferred to the Village
of Larchmont. He stated that the entire cost of the operation
--- had heretofore been borne by the Village of Larchmont and that
the use of the library both from the number of individual borrowers
and the number of volumes circulated by the residents of the unin-
corporated section of the Town was in excess of 27% of the total
number and the Village of Larchmont felt that the Town of
Mamaroneck should therefore cooperate to some extent in the
running expenses of the library, which is the reason for the
contract presented d. He stated that the Town could under the pro-
visions of the Education Law contribute to the support of the
library and inasmuch as the residents of the unincorporated section
use the library, it was equitable that the Town do contribute.
The contract was read and after discussion, upon
motion by Justice Kessersmith, duly seconded by Justice Leeds,
1t wa.s upon roll call unanimously
HuSOLVED, that this Board approves of the making
of a contract between the Town and the Larchmont
Public Library for the purposesset forth in said
contract presented to this Board; further
RESOL'1ZED,- that the Supervisor and the Town Clerk
be and they hereby are authorized, empowered
and directed to execute the aforesaid contract
-oresented to this Board providing for the use of
the Larchmont Public Library by residents of Fire
Lighting and ;Water Supply District No. l and
Fire District No. 2 of the Town of Mamaroneck at
an annual charge and cost of : 3,500.00 per year,_
payment for the library service for the year
April 1, 1930 to 'March 31, 1931 to be paidin one
lump sum of P3 ,500.00 on or before October 15; 1930 ,
and thereafter the sum of t3 , 560.00 per year in
two semi-annual payments of ;'',:1,750.00 each on
April 1st and October let in each year; further
RESOLVED, that the aforesaid amount of ?j;3 ,500.00
to be paid for the period April 1, 1930 to March
31, 1931, is to be appropriated, lsvied and collected
pro rata in proportion to the assessed vai.uation of
properties lying within Fire Lighting and ',later
Supply District No. l and Fire District PTo. 2 in
the Town of :Mamaroneck in Vne next regular budget
in the said Toes, pro-rata upon the taxable real
property situate within said Fire , Lighting and
dater District No. 1 of the Town of Mamaroneck:
and Fire District No. 2 of the Town of Mamaroneck,
the sane t.o be collected with the taxes on April.
1¢ 1931; further
RESOLVED, that thereafter while said contract
shall remain in full force and effect the amount
of $3 ,500.00 shall be included annually in 'he bud-
get of the Town payaole and assessable pro ra. ,
upon the taxable real property situate within the
aforesaid two districts ; and
WHEREAS , the Supervisor has reported that
there are no funds available with which to
pay- the said amcant due under said contract
for the period- April Ist, 1930, to E rch 31st3,
1930, now therefore be it
RFSOLVFD, THAT the Supervisor be and he hereby
is authorized and empowered in accordance with
the law to borrow upon the faith and credit of
the 'fawn of Mamaroneck the sum of not to exceed
-..-- $3 ,500.00 in anticipation of the taxes to be
collected on April 1, 1931, to be levied against
the taxable real property pro rate situate within
Fire Lighting and Tater Supply District Ub, 1 of
the Town of Idamaroneck and Fire District Ho. 2 of
the Town of Mamaroneck; further
RESOLVED, that the Supervisor be and he hereby is
authorized and empowered to issue a temporary
Certificate of Indebtedness in the amount of not
to exceed : ,506.00 , which shall bear interest at
the rate of not to exceed d% per annum, payable
at such time as the Supervisor may fix, not
exceeding, however, twelve months from the date
thereof, and to sell and/or dispose of such
temporary Certificates of Indebtedness for not
less than the par value thereof; and be it further
RFS0107D, that the Supervisor and the Town Clerk
be and they hereby are authorized and empowered
to sign and attest, respectively, the aforesaid
temporary Certificate of Indebtedness in theomame
of and on behalf of the said Town and to execute
such ether and further documents as may be nec-
essary to effect the sale thereof.
Supervisor Burton reported that he had been in touch
with Mr. C. D. Bray of the weaver Street Fire Company in connection
with various fire company matters to which he had referred at the
previous meetings and said that he 'Hoped to have these matters in
shape for presentation to the Town Board at an early meeting.
He indicated that a special meeting might be called for this
purpose in the very near future.
Justice Yessersmith reported that he had attended
another hearing on the New York, New Haven & Hartford Commutation
Rate Case and that the hearing had been adjourned until October
lO th.
Upon motion the meeting adjourned. at 11:10 P.M.
Town Clerk4