HomeMy WebLinkAbout1931_01_21 Town Board Minutes (2) HEFTING OF THE' TOWN BOARD
TOWN OF MAMARONFCK, N. Y.
held January 21st, 1931.
The meeting was called to order by Supervisor Burton
at 11:45 P. M.
Present: Supervisor Burton
Justices Boyd, Collins , Leeds and Messersmith
Town Clerk Marvin.
The presence was also noted of Counselor Gamble.
Upon motion duly made and seconded, it was voted to
dispense with the reading of the minutes of meetings not yet appr®ved. '
Mr. Michael Doherty of Dillon Park addressed the Board in
regard to fire protection in Dillon Park. Mr. Philip Whiting of
#63 Chester Place, Dillon Park, likewise addressed the Board in
regard to the same matter.
They referred to the petition heretofore presented to the
Town Board, requesting that the Town Board negotiate a contract for
fire protection for Dillon Park, which petition was referred to
Counsel for his report.
Counsel reported that since Fire District #1 and Fire
District #2 cadre both under the direction of the Town Board, a formal
contract between the two districts would not be necessary, a
resolution by the Town Board covering the same ground being suf-
ficient.
After considerable discussion it was upon motion by the
Clerk and seconded by Justice Yessersmith, upon roll call unanim-
ously
RESGLVFD, WHEREAS, there has been presented to
this Board a 'petition signed by over fifty per cent
(505orl of the resident tax payers of Fire District
No. 2 of the Town of Mamaroneck, requesting this
Board, in accordance with the provisions of Section.
314-C of the Town Law to make a contract with an
adjoining city, incorporated village, fire district
or water district having a fire department or an
incorporated fire company therein, to furnish fire
protection within said Fire District No. 2, for a
sum of not to exceed in any year 10¢ upon each
$100.00 of assessed valuation of taxable property ly-
ing ;within Fire District No. 2, as appears upon the
last preceding Assessment Roll of said Town, said
contract to be made for a period of not exceeding
five (5) years; and
WHEREAS, said petition has attached to the same a
Certificate of the Board of Assessors of the Town
of Mamaroneck, certifying that said petition is
signed by over 50°a of the resident tax payers of
Fire District No. 2 of the Town of Mamaroneck; and
WHEREAS, Weaver Street Fire Company No. 1 of the Town
of Mamaroneck is a fire company organized by the Town
of Mamaroneck,, giving fire protection to and for Fise ,
Lighting and Water Supply District No. 1 of the Town
of Mamaroneck; and
to
�REASk said Fire Company No. I has signified
its willingness to. furnish fire protection for
said Fire District No. 2 of the Town of Mamaroneck,
and is furnishing such fire protection at the pres-
ent time; therefore be it
RESOLVED, that the aforesaid petition of the
_ - resident tax payers of Fire District No. 2 of
the Town of Mamaroneckis approved and ordered filed
by the Town Clerk; further
HESOLVEDr that weaver Street. Fire Company No. I
of the Town of Mamaroneck her and it hereby is auth-
orized, empowered and directed t.o furnish fire
protection to and to respond to all alarms for
fire in Fire District Nos 2 in the Town of Mamaron-
eck during the year 19x1 and each year thereafter
for a period of not to exceed five (5) ydars and
until the further ;order of this Board by resolutions
further
RESOLVER, that there be levied and assessed against
said Fire District No.. 2 of the Town of- Mamaroneck
in accordance with said petition, each year by the
Supervisor during the period it shall receive such
fire protection, a sum in any one year at the rate
of not to exceed 10, upon each $100.00 of assessed
valuation of taxable property lying within said
Fire District No. 21 as appears by the last pre-
ceding Assessment Roll of the Town of Mamaroneck;
further
RESOLVED, that the Supervisor be and he hereby is
authorized, empowered and directed to place in the
budget of 1931 of the Town a sum for said fire
protection against said Fire District No. 2 of the
Town of Mamaroneck, and to levy, assess and collect
a tag upon and from said District as herewith provided;.
further
RESOLVED, that the Supervisor be and he hereby is
authorized. empowered and directed to credit the
amount. of said cost of fire service for Fire
District Na. 2 of the Town of Mamaroneck to Fire,
Lighting and Water Supply District No. 1.
Counselor Gamble reported that he had completed all the
necessary steps in connection with the proposed issue of $425,000.
Sewer District No. 1 Bonds of the Town of Mamaroneck, the proceeds
of which sale would be used to redeem outstanding Certificates of
Indebtedness which had been issued in tayment of cost of constr-
uction of extensions to the sewer system in said sewer district
after it. was enlarged and extended.
He retorted that at the present moment. the Bond market
was very favorable for the sale of Bonds and recommended immediate
action by the Town Board to the end that said bonds, the sale of
which had long been contemplated, should be sold at the earliest
possible moment in order to take advantage of the present favor-
able situation.
After considerable discussion, upon motion by Tustice
Collins., seconded by Justice Messersmith, the following preambles
and resolutions were adopted:
RESOLUTION AUTHORIZING TY<E ISSUANCE OF $425,000 SEWER
DISTRICT #1 BONDS OF THE TOWN OF MAYARONECK, SERIES H, DETERXM-
ING THE FOFML AND PROVIDING FOR THE PAYM=I' AND SALE THERFOF.
WHEREAS, on petitions of a majority of the
resident owners of taxable real property in
the proposed extensions to Sewer District 7#1
-- of the Town of Mamaroneck, known as Sections "E;'
"H, " and "Dillon Park, ", and after holding
public bearings on due notice in the manner
required by lain thereon, this Board by orders
dated July C, 192-7, February 15, 1929, January
22, 1930 and September 5, 1928-, respectively,
has duly established said extensions to and
enlarged the boundaries of the existing said
Sewer District #1 of the Town of Mamaroneck,- and
WHEREAS, the Board of Sewer Commissioners of-
said Sewer District has caused to be prepared
and filed in the office of the T"ovrn Clerk of
said Town, maps and plans of said extensions
to said Sewer District which show the highways
and the several parcels of land therein; and
WHEREAS, the said Board of Sewer Commissioners
has reported to this Board that. the total cost
of the construction of an extension to the serer
system in said Sewer District as enlarged and
extended is the sum of $4251000; now, therefore ,
be it
RESOLVER, BY THE TOWN BOARD OF THE TOWN OF
YAMARONECK, IN THE COUNTY OF WESTCHESTER, NEW
YORK, AS FOLLOWS.
Section 1. Bonds of the Town of Mamaroneck in the
aggregate principal amount of $425,.000 shall be issued and sold
to provide funds to pay the cost of the construction of an
extension to the sewer system in Sewer District #1 of the Town of
Mamaroneck, as enlarged and extended.
Section 2. Each of said bonds shall be known as, "Sewer
District #1 Bond, Series H." Said bonds shall be dated February
1, 1931, shall mature in the principal amount of X11,000 on
February 1, in each of the years 1936 to. 1973, both inclusive , and
$7,000 on February 19 1974, shall bear interest at a rate not
exceeding six per centum (6%) per annum to be determined upon
receipt of bids by resolution of this Board, payable semi-annually
on the first days of February and August in each year, shall be
in the denomination of $1,000 each, shall be numbered in order of
maturity from 1- to 4251 both inclusive , shall be payable as to
both principal and interest in gold coin of the United States
of America , of or equal to the present standard of weight and
fineness, or its equivalent in lawful money, at the office of
the Larchmont National Bank and Trust Company, Larchmont, County
of Westchester, New York, or, at the option of the holder, at the
_. principal office of the First National Bank of the City of New
York, County and State of New York, and shall be coupon bonds,
registerable as to principal only, or as to both principal and
- interest.
Section 3.. Said bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE' OF NEW YORK
COUNTY OF 'WESTCHESTER
TOWN OF YAIJARONE'CK
No. SEWER DIST3tICT 91 BOND, SERIES H. $12000
The Town of Mamaroneck, in the County of Westchester,
a municipal corporation of the State of New York, hereby acknow-
ledges itself indebted and for value received promises to pay
to the bearer of this bond or, if it be registered, to the regist-
ered owner on the first day of February 19 , the sum of One
Thousand----------------Dollars ($1,000) 9 and to pay interest on
such sum at the rate of per centum C 1. ). per annum, semi-
annually on the first days of February and August in each year fran
the date of this bond until it matures upon presentation and
surrender, as they severally mature , of the coupons therefor
annexed hereto, or if this bond be registered as to both principal
and interest, to the registered owner. Both principal and intebest
of this,bond will be paid in gold coin of the United States of
America Q`OX- it-sequivalent in lawful money, at the office of The
Larchmont National Bank and Trust Company, Larchmont, County of
Westchester, New York, or, at the option of the holder, at the
principal office of The First National Bank of the City of New
York, County and State of New York.
At the written request of the owner this bond may be
registered as to principal on the books of the Town, kept in the
office of the Town Clerk, and a certificate of such registry shall
be endorsed upon this bond by such Town Clerk after which the
principal of this bond shall be payable only to the registered
owner, his legal representatives, successors or assigns and shall
be transferable only upon presentation to such Town Clerk with
a written assignment duly acknowledged or proved. The name of the
assignee shall be entered upon this bond and such books. Such
registration shall not affect the negotiability of the coupons
which shall continue to pass by delivery. At the written request
of the owner, this bond may be converted into a bond registered as
to both principal and interest and the coupons annexed hereto out
off and destroyed after which both principal and interest shall
be payable only to the registered ormer, his legal representatives,
successors or assigns and shall be transferable only in the manner
hereinabove set forth.
This bond is one of an authorized issue#, the aggregate
principal amount. of which is -$425,.0002, the bonds of which are of
like tenor, except as to maturity , numbered from 1 to 425, both
inclusive, issued pursuant to the provisions of the Town Law,
constituting Chapter 62, and the General Municipal Law constituting
Chapter 24, of the Consolidated Laws of the State of New York, as
amended, Chapter 594 of the Laws of 1926, Chapter 437 of the Laws
of 1928, Chapter 860 of the Laws of 1930, and by virtue of a res-
olution of the Town Board of the Town of Mamaroneck duly adopted
on January 21, 1931.
It is hereby certified and recited that all conditions ,
acts and things requited by the Constitution and statutes of the
--- State of New York to exist, to have happened and to have been
performed precedent to and in the issuance of this bond, exist,
have happened and have been performed, and that the issue of bonds
of which this is one', together with all other indebtedness of said
Town of Mamaroneck, is within every debt and other limit prescribed
by the Constitution and laws of said State.
x of 0 u01 '_-0 th o-_-es-=t stalndar: of -L-,lit an,,! 1 11�- ss ,
a �
IN WITNESS WHEREOF, the Town of Mamaroneck, in the County
of Westchester, has caused this bond to be signed by its Supervisor
and its corporate seal to be hereunto affixed and attested by its
T..own Clerk and the coupons hereto attached to be authenticated by
the facsimile signature of its Supervisor, and this bond to be
dated as of the first day of February, 1431 ..
Supervisor of the Town of
Mamaroneck.
(CORPORATE SEAL)
AT'TFST a
Town Clerk.
(FORM OF COUPON)
No.
The Town of Mamaroneck, in the County of yestchester,
a municipal corporation of- the State of New York,, will pay to the
bearer on the first day of 18 , the sum of
Dollars
in gold coin of the United States of America, of or equal to the
present standard weight and fineness, or its equivalent in lawful
money, at the office of The Larchmont National Bank and Trust
Company , Larchmont, County of Westchester, New York, or, at the
option of the holder, at the principal office of the First National
Bank of the City of New York, Couftty and State of New York, being
six months ' interest then due on its Sewer District #I Bond,
Series H, dated February 1, 1831, and bearing Number
Supervisor of the Town of
Mamaroneck.
(FOPII OF EBIDORSFTCNT)
CONVTRSIOIT CERTIFICATE
WIT HEREBY CERTIFY that upon the presentation of the within
bond with a written request by the owner thereof for its conversion
into a bond registered as to both principal and interest, we have
this day cut off and destroyed coupons attached thereto ,
numbered from to inclusive , of the
amount and value of Dollars
($ each, amounting in the aggregate to
Dollars ($ ) , and that the interest at the
rate of per centum ( %) per annum, payable semi-
annually on the first days of February and August in each year,
as was provided by the cou_oons, as well as the principal, is to be
paid to
legal representatives , successors or assigns, at the office of
The Larchmont National Bank and Trust Company, Larchmont, Count of
'destchester, New York, or at the option of the holder, at they H6 al
of The First. National Bank of the City of New York, County and
State of LT. Y., the places stated in the coupons.
Dated, I8
SUPFRVISOR OF TIE TOWIT OF
MA M,
TOWN CL'TRK
Al
REGISTRATION CERTIFICATF
It is hereby certified that the within bond has been
registered as follows,
DATE OF NAME OF REGISTERED HOLDER RFGISTFRFD
REGISTRATION BY
,
Section 4. The Town of Mamaroneck covenants to pay
the principal and interest of the said bonds as the same shall become
due by levying and collecting assessments on the lands within
Sewer District #1 of the Town of Mamaroneck, as enlarged and extendeds
at such time or times and in such amounts as may be necessary therefor,
in accordance with law.
The Town further covenants in case of default in carrying
out the terms of the foregoing covenant, that the said Torn shall
raise by tax on the taxable property in the said Town. from time to
time , a xum sufficient to pay the interest and principal on the said
bonds as the same shall become due and payable.
Section 5. Said bonds shall be sold on January 28, 19312 "
upon sealed proposals. The Town Clerk is hereby authorized and directed '
to cause to be published a notice of such sale at least once , at
least five (5) days prior to January 28, 1931, in "-The Daily Times , "
a newspaper 13ublished in the Village of Mamaroneck, in said Town, which
newspaper is designated as the official newspaper of said Town for
the pupposes of such publication, and also in "The Bond Buyer, " a
financial newspaper published and circulating in the City of New York.
:
Section 6. Said r_otice of sale shall be in substantially I'
the following form:
NOTICE OF SALE f6'
TOWN OF MASTAROSLGK2 )ivFSTC=STER
COUNTY, NEVI YORK.
$425,-000 Sewer District #I. Bonds , Series H.
Sealed proposals will be received by the Town Board of the
Town of Mamaroneck, Viestchester County, New York, on the 28th day of
January, 1931, at eight o °clock P.M. , at the office of the Town
Clerk, #8 Elm Street, in the Village of Mm-maroneck$ for the purchase
of : 425 ,.000 Sewer District -#1 Bonds, Series H, of said Town. Said
bonds will be of the &,enomination of $19000 each, will be dated
February 1, 19311 will mature $118000 on February I in each of the
years 1936 to 19.1r5j, both inclusive , and $78000 on February 12 1974.
Interest at a rate determined as hereinafter provided, will be payablF.
semi—annually on the first days of February and August in each year.
Both principal and interest of said bonds will be payable in gold coin
of the United States of America, of or equal to the present standard
of weight and fineness, or its equivalent in lawful money at the office
of The Larc'nmont National Bank and Trust Company, Larchmont, County of
'Westchester.. New York, or, at the option of the holder,. at the
principal office of The First National 13ank of the City of New York,
County and State of New York. The bonds will be coupon bonds with the
privilege of registration as to principal only, or as to both
principal and interest.
The right is reserved to reject all bids and any bids not
complying with the terms of this notice will be rejected.
Bidders must state in their bids a single rate of interest
which all the bonds offered for sald are to bear, expressed in a
multiple of one-quarter or one-tenth of one per centum. but not
exceeding six per centum (6161.) per annum, and must state the price
offered, but not less than par and accrued interest. No bid will
be considered for E-aid bonds which states a higher rate of interest
-_ than is stated in any other legally acceptable bid.. Subject to the
foregoing provision as to rate of interest, the bonds will be
avaarded to the bidder offering to pay the highest price therefor.
All bidders are required to deposit a certified check pay-
able to the osier of the Town of Mamaroneck, New York, for two per-
centum (25. ) of the amount of the bonds bid for, drawn 4pon an inuorp-
erated bank or trust company. Checks of unsuccessful bidders ivill be
returned upon the award of the bonds. Interest at the rate borne
by the bonds from the date of award to the date of delivery will be
allowed upon the amount of the check of a successful bidder and such
check will be retained to be applied in part payment for the bonds
or to secure the Town aga.inst any loss resulting from the failure of
the bidder to comply with the terms of his bid.
Proposals should be addressed to Walter R. Marvin, Jr.,
Town Clerk, #r Elm Street,, Mamaroneck, Westchester County, New X-ork,
and enclosed in a sealed envelope masked on the outside "Proposal for
Bonds.
The successful bidder will be furnished with the opinion
of Kessrs. Hawking, Delafield & Longfellow, of New York City, that.
the bonds are binding and legal obligations of the Town of Idamaron-
eck, payable in the first instance from assessments and not from a
general tm,!n tag, which, however, may be levied if there is a short-
- age in the primary fund.
WALTER R. TVI_A5VIN, JR..
TOWN CLERK
BY ORDER OF THE TOWN BOARD,
TOWN OF M41 AROnT.ECK, 1vEW YORK.
DATED: January 21, 1931.
TYie foregoing resaluti on was adopted: by the follcvuing
vote .
Ayes: Burton. Boyd, Collins , Leeds , Marvin and liessersmith
Noes. None
The Supervisor started he was about ready to submit his
report on certain fire matters , and that one of those which he had bm
endeavoring to work out in this connection was the contraxt just
authorized by the Board f)f Fire District No. 2
He further stated that he was extremely anxious to have the
Special Act prepared by Counsel last year and introduced in the Leg-
islature and passed by it, but which was vetoed by the Governor,,
enacted into law. and that he would like to have the Torn Board auth-
orize Counsel to prepare a. ne�v bill authorizing Town Boards to
create fire departments along the same lines as the 1930 bill, with
any changes therein which Counsel may deem wise , and to have the same
introduced in the Legislature and endeavor to have it enacted into
later.
Upon motion, duly seconded, it was
RESOLVED, that Counsel be and he hereby is
authorized, empowered and directed to prepare
a Special Act to authorize Town Boards to create%
organize and maintain a fire department and to
have the same introduced in the Legislature and
to use all honorable means to have it enacted
into law.
Justice Leeds inc_uired if Counselor Gamble was prepared
to report on the matter of personal injury and liability insurance
for Town fire trucks.
Counsel thereupon presented to the Board a written
report, prepared by the insurance brokerage firm of Harsh and
KoLennon, of Yew York City, of which Kr. Frank A. Mannen of Lareh-
mont is a member, covering this matter. The report stated that it
was advisable for the Town to carry this insurance.
After discussion the matter was by resolution referred
back to the original committee which had the matter in charge. The
question of personal compensation for members of the fire company
injured while on duty was also discussed at this time in connection
with the above report% and was referred to Counsel®
At the request of Chhf Captain D. C. Howe of the weaver
Street Fire Company Re. 1, who was present and addressed the Board,
a communication from the Fire Company, darted September 16th 1930%
which had been presented at a previous meeting and at that time
laid over for future action, was again laid before the Board. The
communication requested confirmation of the election of twenty-four
new members of the Fire Company, all of whom, said Chief Captain
Howe, were legally eligible.
Upon motion by Justice Leeds , seconded by Justice Liesser-
smith, it was upon roll call unanimously
RESOLVED, that the Town Board do and it hereby
does ratify and confirm the election of the
following twenty-four men who have been duly
chosen members of the weaver Street Fire Depart-
ment Ieo. 1, in accordance with the by laws
Samuel Perry 15 Cabot Road
Sol Polera 47 Tiiyrtle Boulevard
Henry C. Frohne 186 Palmer Avenue
Thomas Stamegna 144 Harmon Drive
John Sorano 71 Liurray Avenue
Lewis Francelli 181 Hyrtle Boulevard
Charles Koch 181 iiiyrtle Boulevard
Irving hash 17 Orsini Drive
Joseph J. King 175 Murray Avenue
George F. Maguire 439 Forest Avenue
Louis Pocaia Colonial Avenue
John Funiciello 144 Harmon Drive
Robert D. Herrin 28 Homer Avenue
Alfred Koss 10 Fast Post Road
Alexander Synoc�iez idaxv>ell Avenue
Carl Caroli 81 Hyrtle Avenue
Walter Hazelton 58 Valley Road
Harry Brandon Chatsworth Gardens Apts.
Wadsworth Wilbar 9 Dante Avenue
Carmine Perciaseppe 4 Cabot Road
Joseph Mastocciolo 66 Holley Place
Larry Ja_cvolli 15 Cabot Road
Guy Jaevolli 15 Cabot Road
Viehale A. Hargi 35 Woodland Avenue
The Town Clerk reported that Miss Evelyn G. Jacobs, his
secretary , had fractured her arm while skating and. requested author-
ization to employ a temporary typist during the incapacity of Miss
Jacobs. Upon motion by Justice H^essersmith seconded by Justice
Boyd,. it was upon roll call unanimously
RESOLVED, that the Town Clerk be and he hereby
is authorized and directed to secure the services
of a temporary typist at a salary of not more than
425.00 a week pending the incapacity of Miss Jacobs.
The Clerk reported that he had been informed by Hr. Samuel
J. Preston, District Superintendent of Schools , First Supervisory
District of Westchester County, that the two positions of school
directors of the Town of MmLmaroneck were vacant owing to the omission
of their names from the ballot at the last town election. The Clerk
said Hr.. Preston requested the Town Board to fill by appointment theme
unexpired terms.
I
After discussion upon motion by the Clerk seconded by
Justice Collins , it was upon roll call unanimously
I
FTSOLI=E that Mrs. Kingsley Lloyd and Mr. Harbeck
Mills, Jr. , be and they hereby are appointed school
directors of the Town of Mamaroneck to fill the un-
expired terms ending December 31st, 1931
The Clerk reported that he had been requested by the Clerk
to the Supervisor to request the Town Board to pass the customary
resolutions authorizing the Supervisor to pay the salaries of town
officers and employees monthly or semi-monthly as the officers or
employees may request.
Upon motion, duly seconded, it was
RESOLVED, that the Supervisor be and he hereby is
authorized, empowered and directed tgmake payment
of the salaries due to the various officers of the
Town of Mamaroneck and/or officials and/or employees
monthly or semi-monthly as said respective persons
may request; this resolution to be effective as of
January let, 193-1.
Mr.. H. J. Brewer, Chairman of the Building Commission,
reported that the Commission had re-appointed Joseph n. Cowham
as Building Inspector for the year beginning January 1st9 1931
and reouested the consent of the Town Board as provided in the
Building Code.
Upon motion by Justice Boyd, seconded by Justice Collins
it was upon roll call unanimously
RESOLVF-Df that this Board consent to the re-appoint-
ment of Joseph H. Cowham by the Building Commission
as Building Inspector of the Town of Mamaroneck for
the year beginning January 1st, 1931 at his present
compensation, to be paid by the Supervisor in like
manner and amount to what he has been receiving.
Upon motion by Justice Leeds, seconded by Justice Yesser-
smit:h, it was upon roll call unanimously
RF'SOLVED, that the Supervisor and Board of
Assessors be and they hereby are authorized
and empowered to go to Albany to attend hear-
ings before the State Tax Commission and/or
the Assessors School and that their expenses
be made a proper town charge.
The Clerk inouired if the Board at this time desired to
attend to the appointing of a dog enumerator as required by law,
but no action was taken on this suggestion.
A communication was received from ors: Charles H. Reisig
dated January 21st, 1931, First Vice-President of the Larchmont-
Mamaroneck Humane Society, informing the Board that the work of
seizing unlicensed dogs , which had been referred to the Society on
December 9th, 1930, had been completed and that the Society accord-
ingly planned tof discontinue the use of its ambulance, the maintdn-
ance and operating cost of which the Society had itself borne.
After discussion it was upon motion by Justice u,iessersmith,
seconded by the Clerk unanimously
RESOLIM, , that the communication of Mrs. Charles
H®. Reisig, be received and placed on file and that
the Larchmont-liamaroneck Humane Society be thanked
for their capable and courteous cork in connection
with the seizing of unlicensed dogs and that the
Town of idamaroneck comply with the terms of her letter
insofar as it relates to the releasing of the Humane
Society from its obligation in respect to the use of
the ambulances
Upon motion the meeting adjourned at 12:45 A. If.
Town Clerk