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HomeMy WebLinkAbout1922_05_03 Town Board Minutes Meeting of the Town Board, TOWN OF MAMARONECK, held, May 3rd, 1922. The meeting was called to order by Supervisor Burton at 10.40 P.M. PRESENT: Supervisor Burton, Justices Boyd, Collins, Dudley and Shafer, Town Clerk Sherman, Counsellor Gamble. Upon motion, it was voted to dispense with the reading of minutes of meetings not yet approved. Mr. Howell Perrin, Chairman of the Zoning Commission presented the report of the Commission and submitted the zoning ordinance together with a copy of the plan. Same was ordered received, placed on file and upon motion, duly seconded, it was RESOLVED, that the Zoning Commission be and they hereby are authorized and requested to prepare a suitable number of copies of the ordinance to be sub- mitted to the members of the Town Board and it was further RESOLVED, that the Board meet with the Zoning Commissioners on May 10th to take up the ordinance as presented. A communisation was received from the Sewer Commissioners in relation the tax adjustment of the grant property. Same was ordered placed on file. Counsel informed the Town Board on behalf of the Sewer Commissioners that in connection with the purchase of a plot of ground from George Grant extending from Weaver Street easterly, on which the disposal plant of the sewer system is being built, that they had agreed to allow the greenhouse on said property, and owned by Grant, to remain temporarily and had Mr.Grant execute a monthly lease for said occupancy and had requested the Supervisor to ex- ecute the same on behalf of the Town. Upon motion, duly seconded, it was RESOLVED, that the action of the Super- visor in executing the monthly Lease between George Grant and the Town of Mamaroneck, dated April 7th, 1923 be and the same is hereby ratified and approved. Counsel also reported that in the same connection, The Sewer Commissioners had agreed to give Grant a right of way over the road running from Weaver Street to the aforesaid greenhouse and that he had prepared a right of way which had been executed by Grant and Supervisor Burton, on behalf of the Town of Mamaroneck. Upon motion, duly seconded, it was RESOLVED, that the action of the Super- visor in executing the right of way agreement dated April 7th, 1922, between the Town of Mamaroneck and George Grant be and the same hereby is approved. Counsel also reported on behalf of the Sewer Commissioners for Sewer District No.1 that, in connection with the purchase of a part of the land of George Grant lying easterly of Weaver Street in the Town of Mamaroneck, they had agreed to pay all taxes be- coming a lien on said property subsequent to March 31st, 1922, and that inasmuch as the said sale had not been concluded prior to said date that on the date of purchase, to wit, April 7th, 1922, said State, County and Town taxes for 1922 had become a lien. He further stated that taxes on the Grant plot were assessed on the plot as whole and that it would be necessary for the Assessors to apportion the taxes between the plot now owned by Grant and that portion to which the Town of Mamaroneck had taken title. He recommended the passage of the following resolution which he presented. Upon motion, duly seconded, it was upon ROLL CALL, RESOLVED, that the Board of Assessors be and they hereby are authorized and empowered to apportion State, County and Town taxes for the year 1922 on that piece or parcel of land owned by George Grant on April 1st, 1922 lying easterly of Weaver Street, said apport- ionment to be made as between the plot of Grant retained by said George Grant and the parcel conveyed to the Town of Mamaroneck by deed dated April 7th, 1922, and it was further RESOLVED, that interest and penalties against the aforesaid property of George Grant be waived pending the adjustment and apportionment of said taxes by the Board of Assessors; and it was further RESOLVED, that upon said apportionment and adjustment being made by the Board of Assessors, the Supervisor be and he hereby is authorized and directed to have cancelled the aforesaid taxes app- ortioned against against the plot of Grant purchased by the Town of Mamaro- neck; and it was further RESOLVED, that the Supervisor is auth- orized to direct the Receiver of Taxes to make the proper entries to cancel the same of record. Counsel reported that the Board of Sewer Commissioners Sewer District No. 1 of the Town of Mamaroneck, had purchased from John Moll and Christine Moll on April 7th, 1922, Lot Nos. 73, 74, 75, 76, 77, 78, 70, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 89, 90, 91, 92, 93, 94 and 95 on a certain map entitled "Map of the Herbert Lan Company, Subdivision A, situate in the Town of Mama- roneck, N.Y. made by J. A. Kirby, April 1892, as map No. 821, and also a gore lot on said map bounded west by Lot No. 80, north by Ferndale Place and southeast by the land now or late of E.C .Bingham and that in connection with said sale the Commissioners had agrred with Moll that he would not be liable for any taxes levied subse- quent to March 31st, 1922. He further stated that the sale was effected April 17th, 1922, and that on said date State, County and Town taxes for the year 1922 were due. He therefore recommended that said taxes on the afore- said property be marked cancelled. Upon motion, duly seconded, it was upon ROLL CALL, RESOLVED, that Supervisor Burton be and he hereby is authorized and empwoered to cancel State, County and Town taxes for the year 1922 on the aforesaid lots; and it was further RESOLVED, that the Supervisor be and he hereby is authorized and empowered to direct the Receiver of Taxes to note the aforesaid cancellation upon his books of record. Counsel reported in relation to the petition of the Board of Education of Union Free School District No. 1 of the Town of Mamaroneck, and upon motion, duly seconded, upon ROLL CALL the following resolution was offered and adopted. WHEREAS, from a petition filed by the Board of Assessors with this Board, it appears that lots 1, 2, 6, and 7 in block 60, Section 8, and Lots 1, 2, 3, 4, 6, 7, 8 and 9 in Block 67 Section 8, also known as Lots 8, 9, 10, 11, 18, 19, 20, 21, 22, 23, 34 and 35 on a certain map entitled "Map of Homestead Park, situate in the Town of Mamaroneck, Westchester County, New York," the property of Daymon & Yale, filed in the office of the Register of Weschester County, August 11th, 1891, in volume 9, of maps, page 39 have been assessed to the Beard of Education for 1921 State, County and Town taxes and School taxes for the year 1921, said taxes becoming liens April 1st, 1921 and September 1st, 1921, respectively; and WHEREAS, said premises were conveyed by Frank A. Ottman and Rose Ottman, his wife, to the Board of Education of the Union Free School, District No.1 of the Town of Mamaroneck by deed dated February 25th 1921, acknowledged the some day, and re- corded in the office of the Register of the County of Westchester in Liber 2295 of Deeds, page 540, on the 26th day of February, 1921; and WHEREAS, Union Free School, District No. 1 of the Town of Mamaroneck is a municinal corporation as defined in Section 3, sub- division 1 of the general Corporation Law and exempt from taxation pursuant to Section 4, sub-division 3, of Article 1 of the Tax Law; therefore, be it RESOLVED, that the petition from the Board of Assessors is hereby granted; and it is further RESOLVED, that the Supervisor be and he hereby is authorized and empowered to cancel on the 1921 Assessment Roll the 1921 State, County and Town taxes and the School taxes for the year 1921 on the aforesaid lots; and it is FURTHER RESOLVED, that the Supervisor be and he hereby is authorized and empowered to direct the Receiver of Taxes to make proper notations on his books of record so as to carry the aforesaid resolution into full force and effect and to cancel the said taxes . The following resolution was offered by Justice Boyd and seconded by Justice Shafer; WHEREAS, there appears upon the books of the Receiver of Taxes certain school taxes for the year 1914 on the property known as Lots Nos. 160 and 161, Map of Long Island Sound Land & Impr.ovement Company in the name of John G. Barnes, amounting to $1.48 and WHEREAS, the owner of said property has produced a receipted bill showing the payment of said taxes to George P. Forbes, Receiver of Taxes, on February 23rd, 1915; and WHEREAS, the Receiver of Taxes has in- vestigated the matter and reported that the taxes are open on the tax books but the payment has been entered in the cash book of the said George P. Forbes, the then Receiver of Taxes and that the error ocurred in not marking the tax paid upon the books; THEREFORE, upon the recommendation of the Receiver of Taxes, be it RESOLVED, that the Receiver of Taxes be and he hereby is authorized and empowered to stamp and note on the tax books the payment of School taxes for the year 1914 in the name of John G. Barnes and the prop- erty known as Lots 160 and 161, Map of Long Island Sound Land & Improvement Co., as paid and cancelled. The question being taken upon the foregoing resolution, same was upon ROLL CALL, unanimously adopted. A request from Mr. Fish for certain forms for the Board of Assessors and equipment needed was received by the Board and the matter was left in the hands of the Supervisor with power to purchase same. The Clerk brought to the attention of the Board the need of painting the flag pole at the Village Square and upon motion, duly seconded and upon ROLL CALL, it was VOTED, that the Town Clerk be and he hereby is authorized and empowered to have the flag pole put in proper con- dition, same to be made a proper town charge. The Clerk brought to the attention of the Town Board the matter of the appropriation for the observance of Memorial day as prescribed by Law, whereupon the following resolution was offered by Justice Dudley and seconded by Justice Collins: RESOLVED, that there be appropriated a sum not exceeding $100.00 under the provisions of Section 136 of the Town. Law for the purposes of defraying the expenses for the proper observance of Memorial Day, which amount shall be levied and assessed and collected in the sane manner as other expenses of said Town are assessed, levied and collected, and it is further RESOLVED, that the Town Clerk is and he hereby is directed to notify the Commanders of the posts of the American Legion and G.A.R. in the Town of Mama- roneck, that under the provisions of said Section 136 Commanders and Quarter- masters of the aforesaid posts or camps by concurrent action, shall direct the Supervisor of the Town, what proportion of such money so raised shall be ex- pended by each of said posts or camps, which proportion shall be paid by the Supervisor upon the order or orders of the Commanders or Quartermaster of each of said posts. The question being taken upon the foregoing resolution, same was upon ROLL CALL, unanimously adopted. The Supervisor reported that he had been served with a summons and complaint in which the State was the complainant in relation to grant of lands under water adjacent to the Marceau property at Premium Point. The matter was referred to Counsellor Gamble. The following resolution was offered by Justice, Boyd and seconded by Justice Dudley. WHEREAS, the Board of Se-per Commissioners of Sewer District No. 1 of the Town of Mamaroneck, heretofore filed in the office of the Town Clerk a map and plan of such district as required by law, and has reported to the Town Board the amount of cost of construction of Sec- tion No. 3 and the additional amount needed for the construction of the Sewage Treatment Plant and the Outfall Sewer to Larchmont Harbor and Sections 1 and 2 of the Weaver System determined as required by lair, the said report of said cost reading as follows:- BOARD OF SEWER COMMISSIONERS SEWER DISTRICT NO. 1, TOWN OF MAMARONECK OFFICE: WEAVER STREET AT HOWELL AVE. P.O. ADDRESS: LARCHMONT, N.Y. May 2, 1922. Town Board Town of Mamaroneck, Gentlemen: On May 1, 1922 this Commission opened bids for the costruction of Section 3 of the Sewer System Sewer District No. 1 of the Town of Mamaroneck. Based on these estimates we herewith respectfully report to you that the amount of the cost of construction of Section No. 3 and the additional amount needed for the construction of the Sewage Treatment Plant and the Outfall Sewer to Larchmont Harbor and Sections 1 and 2 of the Sewer System in Sewer District No. 1 of the Town of Mamaroneck including Engineers fees and other nec- essary expenses in connection therewith, will be One Hundred Thousand ($100,00) Dollars. We therefore, request that you immediately auth- orize and direct the issue and sale of bonds for the afore- said amount herein reported, to wit: $100,000. which is in addition to the $250,000. heretofore authorized. Respectfully yours, BOARD OF SEWER COMMISSIONERS. By Robert H. Stevens. William I. Palmer, H. R. Mitchell. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, 1. $100,000. Sewer District Bonds of the Town of Mamaroneck shall be issued pursuant to the provisions of the Town Law, constituting Chapter 62 of the Consolidated Laws of the State of New York, and of Chapter 422 of the Laws of 1922 of the State of New York. Said bonds shall be dated June 1, 1922, shall bear interest at the rate of four and one half per centum (4 1/2%) per annum, payable semi-ann- ually on June 1 and December 1 in each year, and shall be 100 in number, numbered from 1 and 100 inclusive, of the denomination of $1,000 each. Said bonds shall mature $5,000 on June 1 in each of the years 1948 to 1967 inclusive. The said bonds shall be issued in addition to the bonds heretofore authorized by resolutions of this Board adopted on July 27, 1921, and August 11, 1921, and shall be in substantially the following form: No. $1000. UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF WESTCHESTER SEWER DISTRICT NO. 1 OF THE TOWN OF MAMARONECK SEWER BOND. The Town of Mamaroneck, in the County of Westchester, a municipal corporation of the State of New York, hereby ack- nowledges itself indebted and for value received promises to pay to the bearer of this bond or if it be registered, to the registered holder on the first day of June, 19, , the sum of One Thousand Dollars, ($1,000), and to pay interest thereon at the rate of four and one half per centum (4 1/2%) per annum, semi-annually on the first days of June and December in each year from 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, then to the registered holder. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the United States Mortgage and Trust Company, New York City. This bond may be converted into a registered bond, as provided by the General Municipal Law, and be registered on the Books of the Town Clerk, and thereafter is transfer- able only upon presentation to the Town Clerk of said Town thereof with a written assignment duly acknowledged or proved. Upon presentation hereof, with such assignment, the Clerk will note such transfer on this bond and on said books. This bond is one of an issue of $100000 bonds of like date and tenure, except as to maturity, numbered from 1 to 100 inclusive, maturing in order as numbered, $5,000 on June 1st in each of the years 1948 to 1967 inclusive, issued pursuant to the provisions of the Town Law constituting Chapter 62 of the Consolidated Laws of the State of New York, and Chapter 422 of the Laws of 1922 of the State of New York, and a resolution of the Town Board of the Town of Mamaroneck duly adopted May 3, 1922. It is hereby certified and recited that all condit- ions, acts and things required 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 is within every debt and other limit prescribed by the Constitution and laws of said State. In witness whereof, The Town of Mamaroneck in the County of Westchester has caused this bond to be signed by its Supervisor and the corporate seal of said Town to be hereunto affixed and attested by its Town Clerk and the coupons hereto attached to be authenticated by the facsimile signature of its Supervisor, and this bond to be dated the first day of June, 1922, Supervisor of the Town of Mamaroneck. (Corporate Seal) ATTEST; Town Clerk. FORM OF COUPON. No. $22.50 The Town of Mamaroneck, in the County of Westchester, will pay to the bearer on the first day of 19 , the sum of Twenty Two and 50/100 Dollars ($22.50), in lawful money of the United States of America at the office of the United State Mortgage and Trust Company of New York City, being - six months interest then due on its Sewer Bond, dated June 1, 1922, bearing Number . Supervisor. (FORM OF ENDORSEMENT) CONVERSION CERTIFICATE WE HEREBY CERTIFY that upon the presentation of the within bond with a written request by the owner thereof for its conversion into a registered bond, we have this day out off and destroyed coupons attached thereto, numbered from to inclusive, of the amount and value of Twenty Two and 50/100 Dollars ($22.50) each, amounting in the aggregate to Dollars ($ ) any that the interest at the rate of Four and one half per centum ($ 1/2%) per annum, payable semi-annually on the first days of June and December in each year, as was provided ded by the coupons, as well as the principal, is to be paid to legal represenatives, successors or assigns, at the office of the place stated in the coupons. Dated, 19 Supervisor of the Town of Mamaroneck. Town Clerk. REGISTRATION CERTIFICATE IT IS HEREBY CERTIFIED that the within bond was this day registered in the name of the payee above named in the books kept in the office of the Town Clerk of the Town of Mamaroneck, in the County of Westchester and is transferable only upon presentation to said Clerk with a written assignment duly acknowledged or proved, at which time the name of the assignee shall be entered hereon and in said books by the said Clerk. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19. Town Clerk. Transfers of this bond have been registered as follows. Date of Name of Registration Registered Holder Registered By. 2. The Town of Mamaroneck hereby covenants to pay the principal and interest of the sail bonds as the same shall be- come due by levying and collecting an assessment or assessments on property of the district at such time or ties and in such amounts as may be necessary therefor. The Town of Mamaroneck further covenants that in case of a default in carrying out the terms of the foregoing covenant the said Town will raise by tax upon all the taxable property in said Town from time a sum or sums sufficient to pay the principal and interest of said bonds as the same may be or shall become due 3. The said bonds authorized by this resolution shall be sold upon sealed proposals upon notice published not less than five days or more than thirty days before such sale, at least once in the Larchmonter Times which is designated the official newspaper for the purpose of such publication and also in the Daily Bond Buyer, a financial newspaper published in the City of New York. Said notice of sale shall be substan- tially in the following form; Notice of Sale Sewer District No. 1 of the Town of Mamaroneck $00,000 Sewer District Bonds. Sealed proposals mill be received by the Town Board of the Town of Mamaroneck, Wednesday May 17th, 1922 at 7.30 P.M. o'clock Eastern Standard Time (8.30 P.M. o'clock Daylight Saving Time), at No. 8 Elm Street, Mamaroneck, New York, for the purchase of $100,000 Sewer District Bonds of said Town. Said bonds will be of the denomination of of $1,000 each, will be dated June 1, 1922, and will mature on June 1 in each of the years 1948 to 1967 inclusive. Said bonds will bear interest at the rate of four and one half per centum (4 1/2%) per annum, payable semi-annually on June 1 and December 1 in each year. Both principal and interest will be payable in lawful money of the United States of America at the office of the United States Mortgage and Trust Company, New York City. The bonds will be coupon bonds, with the privil- ege of registration as to both principal and interest. The right is reserved to reject any and all bids and any bid not complying with terms of this notice will be rejected. The bonds wll not be sold for less than par in addition to the amount bid, the successful bidder must pay acc- rued interest at the rate borne by the bonds from the date of the bonds to the date of payment of the purchase price. All bidders are required to deposit a certified check payable to the order of the Town of Mamaroneck, for two per centum (2%) of the amount of the bonds bid for, drawn upon an incorporated bank or trust company. Checks of unsuccessful bidders will be returned upon the award of the bonds. No interest will be allowed upon the amount of the check of the successful bidder and such check will be retained to be applied in part payment for the bonds or to secure the Town against any loss resulting from the failure of the bidder to comply with the terms or his bid. The bonds will be prepared under the supervision of the United States Mortgage and Trust Company, which will certify as to the genuineness of the signatures of the officials and the seal impressed thereon. Bids are desired on forms which will be furnished by said Trust company or by the undersigned. Proposals should be addressed to the Town Clerk, Mamaroneck, New York, and enclosed in a sealed envelope marked on the outside "Proposal for Sewer Bonds." The successful bidder will be furnished with the op- inion of Messrs. Hawkins, Delafield and Longfellow of New York City, that the bonds are binding and legal obligations of the Town, payable in the first instance for assessments and not from a general town tax, which, however, may be levied if there is a shortage in the primary fund. By order of the Town Board of the Town of Mamaroneck. Frederick M. Sherman Town Clerk. Dated May 3, 1922. The question being taken upon the foregoing resolution, same was upon ROLL CALL, unanimously adopted. Upon motion, the meeting adjourned at 11.50 P.M. Frederick M. Sherman Town Clerk.