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HomeMy WebLinkAbout1931_02_04 Town Board Minutes MEETING OF THE TONIT BOARD TO-VIT OF !AtIR021ECK, N.Y. held February 4, 1931. The meeting was called to order by Supervisor Burton at — 9 P. IT. Presents Supervisor Burton Justices Boyd, Leeds and Messersmith Town Clerk Marvin The presence was also noted of Counselor Gamble. The minutes of the meetings of December 3rd, 5t'n,. Stn, 17th and 30th, January 7th, 20th (three meetings) 21st, 28th, were read by the Clerk and unanimously approved as read. A communication was received from the Indemnity Insurance Company of TTorth America in regard to certain slight repairs recommended for the Weaver Street Hire House in the interest of accident prevention. The eormunicatior_ was referred to the fire house committee. The Town Clerk asked if the Board -wished to take any action in regard to the dog enumerator. The matter was ordered laid over. The Clerk reported that he had conferred with Thomas Buhler, Larchmont insurance agent, in regard to the fire insurance on the ffeaver Street Fire House in accordance with the directions given at the Town Board meeting on January 28th. He said he would have further information to report later. A petition was received signed by 101 enrolled Republicans of the Seventh Election District of the Town, endorsing the appointment of Howell: F.. Dobbs of #23 SL it Avenue , Larchmont, for the vacancy now existing on the Board of Assessors of the Town. The petition was referred to the Supervisor.. Counsel stated that a petition which had been heretofore presented to the Board by the Echo Glen Realty & Holding Company, Inc. , Edward J. Payne , President , had been referred to him and that he was ready to report thereon. He stated that the petition set forth that the Petitioner owned a parcel of land on Stanley Avenue 100 feet easterly of the corner formed by the intersection of the southerly side of Maple Avenue and the southerly side of Stanley Avenue, being a triangular lot 18.53 feet- on Stanley Avenue 32.42 feet on the easterly* side and 26. 41 feet on the westerly side. He stated that the petition further states that the property adjoining the property of the petitioner on the west, and being the parcel of land located at the south easterly corner of Maple and Stanley Avenues , is owned by Siebert Realty Company and is shown on the Assessment Yap as lot 14-A in Block 17, Section 9 and that through an error the parcel of land of the petitioner was included on the Assessment Map as a part of said Lot 14-A, although never owned by the owner of 14-A. The petitioner states that said Lot 14-A had been sold for taxes on May 22, 1928 in the amount of $136.045 which said tax lien has been assigned to the W Siebert Realty Company, the owners of said property, but has not been filed and cancelled, and the petioner asks, therefore , that said erroneous assessment be corrected and that the premises owned by the petitioner be separately assessed by the Board of Assessors, so that the taxes which may be due thereon on the portion owned by the petitioner and heretofore erroneously assessed to the owner of Lot 14-A, may be paid and cancelled, and the tax lien as to that portion removed. Counsel stated that on the statement of facts set forth in the petition by the petitioner, it appeared to him that he was entitled to the relief requested. He further stated that the Board of Assessors are ready to make the correction and fix the assessment on the portion of the property owned by the petitioner, so that the tax could be paid. On motion duly seconded, it was RESCL V,D, that the petition of Echo Glen Realty and Holding Company, Inc. , be filed and the re- lief therein asked for granted. FURTHER RTSOLVFD, that the Board of Assessors of the Town of 'iamaroneck be and they hereby are authorized, empowered and directed to correct the error in the assessment of Lot 14-A, Block 17, Section 9 on the Assessment Flap of the Town of Mamaroneck, and to separately assess that por- tion of hot 14-A owned by Siebert Realty Company to said owner, and that portion of said Lot 14-A armed by Echo Glen Realty and Holding Company, Inc. to said company, said correction to be made for the years 1927 to date. EURT17,R ES SOLVID, that the Supervisor, Receivor of Taxes and Board of Assessors be and they here- by are authorized, empowered and directed when the aforesaid assessment has been corrected and pro-rated as against said two owners, to levy and assess the tax w'hic'h would be due and payable on the two lots as re-assessed on the basis of the taxes levied and assessed for said years 1927, 1928, 1929 and 1930 and to make such changes and corrections in their respective books of record as may be i.. necessary. FURTHER RESOLVED, that the Supervisor and Receiver of Taxes be and they hereby are authorized, em- powered and directed to receive and accept from the Echo Glen Realty and Holding Company, Inc. , the amount of said taxes so found to be due z„hen said assessment has been corrected, together with the interest and penalties thereon, and upon re- ceipt of same, to mark the same "paid” and to can- cel such part of said tax lien as affects the property owned by said Echo Glen Realty and Holding Company, Inc. Justice Boyd reported that he had been requested to have the Board take action in regard to certain alleged errors: in taxes and/or assessments on property now or formerly owned: by Eugene Gailhard in Washingtonville. The matter was ordered referred to Counsel. Justice Ifessersmith presented a petition addressed to the Public Service Commission, State of New York, for an order re- ducing commutation. rates charged by the New York, New Haven and Hartford Railroad. He said that this petition had been prepared by the legal committee of the Association of Hunicipalities along the N. Y. N. H. & H. Railroad, concerning which he had reported at the tweeting of December 30th, 1930. He stated that this pe- tition had already been signed by the Cities of Mount Vernon and New Rochelle and that it was the hope of the committee that. the other communities would likewise sign it and join in the effort to secure lower commutation rates. He stated that a copy had been submitted on , February 2nd to the Board of Supervisors with the request that they also join in this effort. He inquired if the Town Board wanted to take any action on it and said he was not prepared to make any recommendation as to That action the Town Board Should take. After some discussion it was upon motion by Justice Boyd, seconded by the Clerk, unanimously RFS01"MD, that the above mentioned petition be received for further consideration. Justice Messersmith asked if the Board desired 'him to represent the Town at a conference to be held in New Rochelle on February 5th to consider a proposal to make an effort to secure lower rates from the Westchester Lighting Company. After some discussion Justice Messersnzith said he would attend the conference. The Supervisor reported that on February 3rd and 4th he had attended 'hearings before the Statg Tax Commission on the equalization rates, and outlined/�E1ePYBoard what had taken place at these 'hearings. Supervisor Burton said that in the absence of Superintend- ent Coles, he was transmitting to the Board Superintentent Coles's recommendation that the County "Engineer be requested to prepare plans and specifications for the bridge over the east branch of the Sheldrake River on Rockland Avenue. After discussion it was upon motion by the Clerk seconded by Justice Ilessersmith, upon roll call, unanimously RESOLVED, that on the recommendation of Superintendent Coles, the County "Engineer be and hereby is authorized by this board to prepare plans and specifications for a bridge over the east branch of the Sheldrake River at Rockland Avenue. The Clerk presented to the Board a letter from the Board of Sewer Commissioners of Sewer District No. I of the Town of Mamaroneck, advising the Board that the Commission had opened bids for the construction of Contract 23 and that based on these bids the cost of construction of said contract, including Engineers fees and other necessary expenses, will be $18,000. and requesting the Board to authorize the issuance and sale of Certifi- cates of Indebtedness from time to time as payments become due under said contract in the said sum of 018,000. , all of said Certificates to be issued by the Supervisor as provided under the provisions of the Town Law. i Counsel advised the Board that he was familiar with the request and had discussed the same with the Board of Sewer Commissioners, and that it was in proper form and that the Town Board was in a position to authorize the issuance of said Certi- ficates so that the work under said contract would proceed. After discussion, upon motion duly seconded, it was RESOLVED, WHEREAS the Board of Sewer Commissioners of Sewer District 11o. 1 of the Town of 1Lamaroneck have estimated and reported to this Board the estimated cost of construction of Contract 23 de- termined as required by law; and WHEREAS, pursuant to law the Town Board shall cause Certificates of Indebtedness to be issued, the same to be a Town charge, the proceeds of which Certificates shall be applied in payment of the cost of con- struction of said part or portion of such Sewer District as is so recuested by said Sewer Commissioners; T=FOR_T BE IT RESOLVED, 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 Town of Mamaroneck, the sum of not to exceed $182000. 00 plus interest which may from time to time accrue thereon and to issue a temporary Certificate or Certificates of Indebtedness in the amount of net to exceed $l8,0OO.00 plus interest which from time to time may accrue thereon, which shall bear interest at the rate of net to exceed six per cent per annum, payable at such time or times as the Supervisor may fix, not- exceeding, however, eighteen months from the date hereof, and to sell or dis- pose of said Certificates of Indebtedness for not less than the par value thereof; and FURTH 'R RESOLVED, that said Certificate or Certificates of Indebtedness shall be in substantially the following form: UNITED STATE'S OF ERICA STATE' OF N71W YORK COUNTY OF 4iTSTCFESTER TOWN OF 1920TAR03?E'CK Certificates of Indebtedness Issued Pursuant to Section 237 of the Town 3a-vi of the State of New York, for Sewer District No. 1 of the Town of Mamaroneck - Seriea 23 - $18,000.00 No 23 The Town of Mamaroneck, in the County of Westchester, a Municipal Corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to bearer hereof, or if the same be registered, to the registered holder on the sum of Dollars lawful money of the United States of America with interest 59 thereoar from date at the rate of per centum per annum, both principal and interest being payable in lawful money of the United States at This Certificate of Indebtedness is one of an issue of $18,000.00 of Certificates of Indebtedness heretofore authorized in the sum of having been heretofore issued, being issued pursuant to the pro- -- visions of the Town Law constituting Chapter 62 of the Consol - dated Laws of the State of New York, Chapter 594 of the Laws of 1926 and Chapter 437 of the laws of 1928 and Chapter 860 of the Laws of 1930 , of the State of New York and in strict accordance with the Constitution and Statutes of the State of lrew York and by virtue of a resolution of the Town Board of the Town of Mam- aroneck regularly and lawfully adopted February 4th, 1931. It is hereby certified and recited that all conditions acts and things required by the Constitution and Statutes of the State of New York to exist, to have happened and to be performed precedent to and in the issuance of tt is Certificate of Indebted- ness exist, have happened and have been performed, and that the issue of Certificates of Indebtedness, of which this',sone together with all other indebtedness of said Town of iamarroneck is within its debt and other limits prescribed by the Constitution and laws of this State. IN WIT14ESS �EFREOF, the Town of Lamaroneck, through its Town Board has caused this Certificate of Indebtedness to be signed by its Supervisor and the corporate seal of said Town to be hereunto affixed and attested by its Town Clerk and this Cer- tificate of Indebtedness to be dated this day of 193 . Attest: Town Clerk. Supervisor FURTHER RESOL4M, that the Town of Mamaroneck hereby covenants to pay the principal and interest of said Certi- ficate or Certificates of Indebtedness in the amount hereinabove provided as the same shall become due by levying assessments on property of Sewer Ilia- trict No. l of the Town of Mamaroneck at such time or times and in such amounts as may be necessary thereafter. The Town of Ya.maroneck further covenants in case of a default in carrying out the foregoing covenant, the said Town will raise by taxing all taxable property in said Town of Mamaroneck from time to time the sum or sums sufficient to pay the principal and interest of said Certificate or Certificates of Indebtedness as the same shall become due. Supervisor Burton reported concerning the petition approved by this Board on January 20, 1931, requesting the per- mission of the Board of Supervisors for authority to issue and sell highway improvements bonds in the amount of $21,928.94 to pay the cost of excavating and constructing the footings and street intersectionss on weaver Street.. He said that at its meet- ing on February 2nd , the Board of Supervisors had granted the request. _ 61 i Supervisor Burton reported in connection with the recent sale of $425,000.00 Sewer District Bonds, Series H, that he would: suggest that the Town open an account in the First Fational Bank of the City of New York to care for the interest and amortiza- tion on said bonds which are payable either at the First National Bank in the City of New York or at the Larehmont National Bank and Trust Company, Larchmont, f. Y. i i On motion by the Clerk seconded by Justice Leeds, it was upon roll call, unanimously RESOLVED, that the Supervisor be and he hereby is authorized and empowered to open a bank account in the name of the Town of 1amaroneck with the first Vational Bank of New York City and to deposit there- in the funds of the Town, the same to be withdrawn upon the signature of the Super- visor. Counsel advised the Board that he had had several confer- ences with Yr. Esser, who had handled certain of the litigation of the Town of Itamaroneck, in connection with actions brought against it under the Zoning Ordinance and that in his and ZHrr. Esser's opinion the Zoning Ordinance of the Town of I;Iamaroneck should have a section therein giving the Town the right. to en- force the Zoning Ordinances , or certain provisions thereof by injunction. Counsel stated that the Enabling Aot in the Town Law cover- ing the subject of Zoning did not give to Town Boards adopting the Zoning Ordinance the right to have this injunctivee relief and that both he and Iir. Esser believed that a bill should be drawn and presented to the Legislature providing an amendment to the present sections of the Town Law covering the subject of Zoning, which would give to Town Boards the right to the power of injunction in the Zoning Ordinance. Upon motion duly seconded, it was R SOLVED, that Counsel be and he hereby is authorized, empowered and directed to prepare a special act providing for an amendment to the Zoning sections of the Town Law which will give to Town Boards the right to incorporate;" in Zon- ing Ordinances the right of in,; ,nction, and to have the same introduced in the Legislature and endeavor to have it enacted into Law. Counsel reported that the bill allowing the Town to es- tablish and maintain a Fire Department has been prepared and introduced in the State Legislature. Hr. H. J. Brewer, Chairman of the Building Commission, said application for a building permit for a filling station had been applied for by ''Mr. Tortorella and that the plans for this filling station were virtually identical with those which Hr. --- Tortorella had previously submitted and which were denied by the Board and the denial of which had been sustained by the Board of Appeal and the Supreme Gourt. He requested that the Building Commission be authorized to refer this :°:ratter to Er. Esser who had successfully represented the commission before the Supreme Court. n on raotion by Justice blessersmith seconded by Justice Boyd it was upon -roll call; unanimously RESOLVIED, that the Building Commission of the Town of Yamaroneck be and it hereb is authorized and empowered to refer °J. Henry Esser, Counsel of the Building Commission, the matter of the application of Mr. Tortorella for a building permit as above set forth. The meeting adjourned at 12:05 A. H. Toti,rn Cleric.