HomeMy WebLinkAbout1940_08_21 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD AUGUST 21, 1940
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y.
8 P. M.
The meeting was called to order by Supervisor McCulloch at
Present: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville, Meginniss
Absent. None
The presence was also noted of Deputy Town Clerk Alice E.
Wheelock, Tom Attorney Delius, Town Engineer Foote and Building
Inspector Cowham.
The minutes of the meetings of June 19, July 8 and July 17,
1940, were approved as corrected.
Supervisor McCulloch asked for the reports of the councilmen.
Councilman Bates stated that he had nothing to report.
Councilman Meginniss read a letter dated August 5, 1940,
from Chief Wm. V. McCarthy of the Fire Department notifying the Board
that Alfred Holl had completed satisfactorily on August 1st his pro-
bationary period of three months and recommending that he be appointed
as a regular paid employee of the Fire Department.
On motion by Councilman Meginniss, seconded by Councilman
Bates, it was unanimously
RESOLVED, that on the recommendation of the Fire
Council Alfred Moll, having completed satisfactorily
the probationary period of three months, be and he
hereby is appointed paid driver of the Fire Department .
Councilman Meginniss read a second letter dated. August 5,
1940, from Fire Chief McCarthy informing the Board that the new
aerial truck would be delivered on or about August 21 and in order
to operate the department properly when the new apparatus is received,
two additional probationary paid employees would be required, The
Chief stated in his letter that the Fire Council recommended the
appointment of Mr. Louis Testa and Mr. Earl Mellor, whom they had
selected from seventy-nine applicants .
In view of the fact that there are not sufficient funds
available to pay the salaries of two additional paid employees, the
Board decided to refer the matter back to the Fire Council with the
request that they recommend one man now and that the appointment of
a second man be deferred until provision for his salary is made in
next year' s budget .
Councilman Griffin reported that the Park Department is
planning to repair the sidewalk at the Station Park which is flooded
at times .
Councilman Griffin presented the report of the Public Welfare
Department for the month of July, 1940 and compared it with the re-
port for the month of July, 1939 as follows:
Case Load
Individuals
Case Days
Total Relief
Average Cost
Average Cost
Average Cost
Average Cost
Expended
Per Case
Per Individual
Per Case Day
Per Individual Per Day
July, 1939
271
1117
8993
$$9,743 .43
35 .95
8.72
1.20
.291
July, 1940
275
1152
7844
$11,415 .37
41. 51
9 .91
1.46
.348
M
Councilman: Griffin presented seven petitions dated August 21,
1940, received from the Assessor for the correction of the assessment
roll so as to permit the apportionment of taxes .
On motion by Councilman Griffin, seconded by Councilman
amndeville, the following resolution was unanimously adopted:
WHEREAS, the Assessor has presented petitions dated
August 21, 1940, for the correction of the assessment
roll for the year 1939, taxes of 1940, pursuant to
the provisions of Section 33 of Chapter 105 of the
Laws of 1916, as amended, knowvn as the Westchester
County Tax Act; and
WHEREAS, after due consideration this Board finds
it desirable to grant said petitions for the correction
of said assessment roll;
FURTHER RESOLVED, that the assessment roll for the
year 1939, taxes of 1940, which shows property now
appearing on the roll as follows :
Section Block Lot
Owner
9 19 15 (906-23) Samuel PncAndleGs
9 19 16A(906-17)
16B
Land Imp_ Total
$44,000 16,000 $60,000
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33 :
NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll for
the year
1939,
taxes of 1940, which shows property now appearing on
the roll as follows :
Section
Block Lot Owner
Land
Imp.
Total
6
50 48c-48e Adele J . Burley
$35750
$8,250
$125000
(611-154)
be corrected as follows, in accordance
with the
provisions of sub-division 5 of Section 33 :
Section
Block Lot Owner
Land
Imp.
Total
6
50 48c 611-154) Fred'k P . t°"darren .
$33650
$8,250
$$11,900
6
50 48e 611-562) Adele J. Burley
100
-
100
FURTHER RESOLVED, that the assessment roll for the
year 1939, taxes of 1940, which shows property
now
appearing on the roll as follows:
Section
Block Lot Owner
Land
Imp®
Total
7
30 7,8B,12B, Estate of Paula Wright
$7,750
$9,000
$163750
13214B Guaranty Trust Company
as Trustee
be corrected as follows, in accordance
with the
provisions of sub-division 5 of Section 33 :
Section
Block Lot Owner
Land
Imp.
Total
7
30 12B,13,14B Joseph Uterhart Mayes
$$4,000
$9,000
$13,000
Paul Jerome Chase
7
30 7,8B Estate of Paula V;right
3,750
3,750
Guaranty Trust Company
as Trustee
FURTHER RESOLVED, that the assessment roll for the
year 1939, taxes of 1940, which shows property now
appearing on the roll as follows :
Section Block Lot
Owner
9 19 15 (906-23) Samuel PncAndleGs
9 19 16A(906-17)
16B
Land Imp_ Total
$44,000 16,000 $60,000
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33 :
Section
Block Lot Owner
Land
Imp.
Total
9
19 15 (906-23) Samuel McAndless
$23,000
$16,000
$39,000
9
19 16A 906-17 Pur. Cas , Realty Co.
212000
21,000
16B
FURTHER RESOLVED, that the assessment
roll for
the
year 1939, taxes of 1940, which shows
property
now
appearing on the roll as follows:
- , Section
Block Lot Owner
Land
Imp.
Total
9
19 17A,17B Samuel McAnd.less
$22, 500
$ 71500
30,000
(906-13)
be corrected as follows, in accordance
with the
provisions of sub-division 5 of Section
33 :
Section
Block Lot Owner
Land
Imp.
Total
9
19 37-1/2 ft. Samuel 1,,IcAndless
$175000
$ 7,500
21„500
17A-17B
(906-13)
9
19 12-1/2 ft. Pur .Cas . Realty Co.
55500
5,500
17A-17B
(906-17)
FURTHER RESOLVED, that the assessment
roll for
the
year 1939, taxes of 1940, which shows
property
now
appearing on the roll as follows :
Section
Block Lot Owner
Land
Imp.
Total
9
88 1 to 10 Oriente Point Est.,Inc .
$31,660
11,250
42,910
14 to 20
be corrected as follows, in accordance
with the
--
provisions of sub-division 5 of Section
33 :
Section
Block Lot Owner
Land
Imp.
Total
9
88 1 to 9 Orienta Point Est. ,Inc .
$29,360
11,250 403610
14 to 20
9
88 10 Adolph IN . Peterson
2,300
-
2000
(939-177)
FURTHER RESOLVED, that the assessment
roll for
the
year 1939, taxes of 1940, which shows
property
now
appearing on the roll as follows :
Section
Block Lot Oa'ner
Land
Ism
Total
9
88 1 to 9 Orienta Point Est. , Inc .
$29,360
11,250
40,610
14 to 20
be corrected as follows, in accordance
with the
provisions of sub-division 5 of Section 33:
Section
Block Lot Owner
Land
Imp.
Total
-- 9
88 1 to 9 Orienta Point Est . ,Inc .
$27,160
11,250
38,410
15 to 20
9
88 14 Charles F. Mink
2,200 -
2,200
(939-317)
FURTHER RESOLVED, that the assessment
roll for
the
year 1939, taxes of 1940, which shows
property
now
appearing on the roll as follows.-
Section Block Lot Owner
Land Imp. Total
9 88 1 to 9 Orienta Point Est . ,Inc .$27,160 11,250 3821410
15 to 20
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33 :
Section Block Lot Owner Land Imp. Total
9 88 1to8
15 to 20
9 88 9
(939-184)
Councilman Man
Orienta Point Est. ,Inc .$214,660 11,250 35,910
Brooklyn Mortgage 2, 500 - 2,500
Guaranty and Title
Company
deville stated that he had no report to make .
The Supervisor asked if there was any one present who wished
to address the Board.
Mr . Edward B. Fernschild, real estate representative for
Gerald J. Campbell, builder, who was also present, addressed the
Board concerning certain real estate signs which Mr. Campbell had
erected in the Maple Hill Section where he is planning to build a
number of houses each of which will be assessed at approximately
$10,000. Mr. Fernschild explained that there had been a misunder-
standing as to the cost of the permit to build these signs and asked
the Board to grant permission to erect them without charging the fee
of $5 .00 for each sign.
The Supervisor explained that the Building Code provides
that a real estate sign not larger than 12 inches by 18 inches may
be erected without securing a permit. For the erection of a display
sign, either ground or wall, application for a permit must be made
to the building inspector who must pass upon the location and con-
struction of the sign and for such a permit there is no fee . He
suggested that Mr . Campbell secure a permit to erect the signs from
the building inspector.
The Supervisor stated that he had received a letter from
Mr . Harry T. Byrne, President of the Maple Hills Taxpayers Association,
concerning the erection of a real estate office in that section and
the size of certain real estate signs of Mr. Campbell.
The Supervisor said that it was his understanding that the
plan to erect a real estate office had been abandoned. He requested
Mr . Campbell not to annoy the residents of the Maple Hills Section
by erecting too many signs .
Mr . Fernschild stated that the signs would be placed only
where they would attract the attention of passing motorists .
Councilman Mandeville questioned Mr. Fernschild as to the
necessity of his name appearing on the signs as long as Mr. Campbell' s
name also appears on them.
Salt . Fernschild explained that Mr. Campbell was not available
to answer telephone inquiries and therefore had not had a telephone
number placed under his name . He said that his own name had been
listed in order that those persons who did not have their own broker,
might get in touch with him.
Mr. Mandeville suggested that Mr . Fernschild' s name be
taken off the signs and the telephone number of Mr. Campbell added.
The Supervisor stated that he thought this would be a better
arrangement also and would be less annoying to the local real estate
brokers .
Mr . Campbell stated that he would be willing to carry out
this suggestion.
The Town Attorney presented to the Board a contract signed
by Harold J. Kennedy for the purchase of five lots now owned by the
Town as a result of tax 'Lien foreclosure proceedings, which are known
as Lots 19, 203 213 36 and 37, Block 52, Section 1, for the considera-
tion of $900.00. He further stated that Mr. Kennedy had signed the
contract in the form prepared and approved by him, together with a
check for $90.00 as a deposit on account of the purchase price .
Mr. Kennedy, who was present, stated that he desired to have
an option to purchase four additional lots known as Section 1, Block 52,
Lots 15, 16, 17 and 18 .
The Town Attorney stated that the Town had title to only two
of these lots and had instituted foreclosure proceedings to foreclose
the other two, ie . , Lots 17 and 18.
After discussion,upon motion by Councilman Mandeville,
seconded by Councilman Bates, the following resolution was upon
roll call unanimously adopted:
WHEREAS, Harold J. Kennedy has agreed to purchase
from the Town of Mamaroneck Lots 19, 2.0, 213 36 and
37, Block 52, Section 1, on the tax map of the Town
of Mamaroneck, for the consideration of $900.00,
provided he obtain an option to purchase also Lots 15,
16, 17 and 18, Block 52, Section 1, at the price of
$200 a lot within thirty days after the Town of Mamaro-
neck has acquired title to Lots 17 and 18, Block 52,
Section 1; and
WHEREAS, the Town Attorney has submitted a contract
in the form approved by him,together with a check for
$90.00 as a deposit on account of the purchase price,
the contract having been signed by Harold J. Kennedy;
NOW, THEREFORE, BE IT
RESOLVED, that the Supervisor be authorized. to sign
said contract on behalf of the To,:n and to write a
letter to Harold J. Kennedy granting him an option
to purchase Lots 15, 165 17 and 18, Block 52, Section 1,
at a price of $200 a lot or a total consideration of
$800, which option must be exercised within thirty days
after notice to Harold J. Kennedy that the Town of
Mamaroneck has obtained title to Lots 17 and 18, Block 52,
Section 1, and with the understanding that the Town
notify him that if such title can not be obtained by
the Town, the option shall become null and void.
The- Town Attorney called to the attention of the Board that the
collection of 1940 school taxes will start on September 1, 1940
and that the required resolutions should be adopted in regard to the
publication of the notice, the order to the Receiver of Taxes to mail
tax bills, and the acceptance of instalment payments if they are to
be permitted.
On motion by Councilman Mandeville, seconded by Councilman
Meginniss, it was upon roll call unanimously
RESOLVED, that pursuant to Section 96A of Chapter 62
of the Laws of 1909 as amended, the Town Board of the
Town of Mamaroneck does hereby authorize and empower
the Receiver of Taxes of the Town of Mamaroneck to
collect the 1940 school taxes for Union Free School
District No. 1 in the Torn of Mamaroneck, which, under
the provisions of Chapter 105 of the Laws of 1916 as
amended, known as the Westchester County Tax Law
become a lien and are payable on September let, 1940,
in two partial payments each amounting to fifty per
cent (50%) of any such school tax as levied,
FURTHER RESOLVED, that the Receiver of Taxes of the
Town of Mamaroneck is authorized and empowered to
receive the payment of such partial payments or
instalments of the 1940 school taxes for Union Free
School District No. 1 in the Town of Mamaroneck at
any time but subject to the same penalties as are
specified and provided in Section 18 of Chapter 105
of the Laws of 1916 for the neglect to pay the total
amount of the school taxes after the levy thereof;
- - FURTHER RESOLVED, that the acceptance of any such
partial or instalment payment of the 1940 school
taxes for Union Free School District No. 1 in the
Torn of Mamaroneck shall not be deemed to affect
in any manner any right of the Town of Mamaroneck
under any general or special Act, to enforce collec-
tion of the unpaid balances of such taxes as may
remain due and owing to said Town, but such rights
and powers shall remain in full force and effect to
enforce collection of the unpaid balance of such
school taxes, together with interest, penalties and
other lawful charges .
On motion by Councilman Mandeville, seconded by Councilman
Meginniss, it was upon roll call unanimously
RESOLVED, that this Board do and it hereby does
designate The Daily Times, a daily newspaper pub-
lished in the village and town of Mamaroneck, and
The Larchmont Times, a weekly newspaper published
in the village of Larchmont, town of Mamaroneck for
the purpose of publishing the notice of the collection
of the 1940 school taxes as required by law; and be it
FURTHER RESOLVED, that said notice be published in
The Daily Times on Itlonday, August 26, 1940, and in
The Larchmont Times on Thursday, August 29, 1940; and
be it
FURTHER RESOLVED, that in accordance with the provisions
of Section 26 of the Westchester County Tax Act, the
Town Board do and it hereby does direct the Receiver of
Taxes and Assessments to mail to each taxpayer of the
Town of Mamaroneck, whose address is known to said
Receiver of Taxes and Assessments, a tax bill for 1940
school taxes, the expense thereof to be a town charge.
The Town Attorney recommended the approval of a resolution
appropriating $4,950 to take care of the Town' s share of the W.P.A.
project for the improvement to the building at the village yard in
the village of Larchmont, which is the balance of the sum of $153000
which had already been authorized for general W. P. A. work in the
village of Larchmont.
Councilman Mandeville introduced the following resolution:
RESOLUTION APPROPRIATING THE SUM OF $4,950 TO PAY
A PORTION OF THE COST OF PUBLIC !MPROVEMENT WORK RELIEF
PROJECTS IN THE TOWN AND AUTHORIZING THE ISSUANCE OF
$4,950 BONDS OF THE TOWN OF MAMARONECK FOR SAID PURPOSE.
RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK,
IP; THE COUNTY OF WESTCHESTER, NEW YORK, as follows :
Section 1. The sum of $4,050 is hereby appropriated
to pay the portion to be borne by the Town of public im-
provement work relief projects in the Town undertaken
through or by the authority of the Works Progress Admini-
stration of the federal government, or other work relief
authority of the federal government, including the cost of
furnishing labor, materials, supplies and. equipment for
such projects and incidental expenses in connection there-
with., the said public improvement work relief projects to
include only projects having a period of probable usefulness
of at least fifteen (15) years, computed from August 21,
1940, the date of adoption of this resolution and no indebted-
ness, whether temporary or permanent, has been incurred prior
to said. date to finance any portion of the cost thereof. To
meet said appropriation, bonds of the Town in an aggregate
principal amount not exceeding $4,950 shall be issued.
Section 2 . Said bonds shall be dated April 12 1941,
-- , small mature in annual installments of principal, shall
bear interest at a rate not exceeding six per centum (6%)
per annum, payable semi-annually on the first days of
March and September in each year, shall be numbered, shall
be in such form and of such denomination, shall be payable
at such place or places, in such specie or other currency,
and shall be sold. at public sale in such manner and on such
terms, but for not less than their par value, as shall here-
after be determined by subsequent resolution or resolutions
of this Board.
Section 3 . The faith and credit of said Town shall be
and are hereby pledged for the punctual payment of the
principal of and interest on said bonds, and a tax shall
be levied annually on all of the taxable property in said
Town in an amount sufficient to pay the principal of and
interest on said bonds as the same shall become due .
Section 4. This resolution shall take effect
immediately.
On motion of Councilman Mandeville, seconded by Councilman
Griffin, the foregoing resolution was adopted by the following vote:
AYES: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville,
Meginniss
NOES: None
Councilman Mandeville introduced the following preamble and
resolution:
fiHEREAS, a resolution entitled: "Resolution appropriating
the sum of $4,950 to pay a portion of the cost of public
improvement work relief projects in the Town and authori-
zing the issuance of $4,950 bonds of the Town of Mamaro-
neck for said purpose", adopted August 21, 1940, has be-
come effective . Nom, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF MA1M1A_RONECK,
IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows :
Section 1. For the purpose of temporarily financing
the cost of permanent improvements provided for in said
resolution, in anticipation of the issuance of bonds,
the Supervisor is hereby authorized to issue a Certificate
of Indebtedness of the Town of Mamaroneck in an aggregate
principal amount not exceeding $4,950. Said Certificate
shall be designated "Works Project Certificate of indebted-
ness" .
Section 2 . The following matters in connection with
said Certificates are hereby determined:
Date : To be determined by the Supervisor
Maturity: April 1, 1941
Denomination: $45950.
Number : W.P. A. No . 19
Form: Substantially in accordance, with resolution
adopted October G , 1939 .
Place of Payment: To be determined by the Supervisor
The Supervisor is hereby authorized to determine all
matters in connection with said Certificate of Indebted-
ness, the determination of which is not provided for
by this or subsequent resolutions, and his signature upon
said Certificate shall be conclusive as to such deter-
minations . Said Certificate shall be signed by the
Supervisor, shall have the corporate seal of the Town
affixed thereto and attested by the Town Clerk. The
Supervisor is hereby authorized to sell said Certificate
at public sale or private sale at not less than par and
to fix the interest rate thereof at not exceeding six
per centum (6%) per annum, and to deliver same to the
purchaser upon receipt of the purchase price, plus
accrued interest from the date of the Certificate to the
date of delivery.
Section 3 . Any instrument issued pursuant to this
resolution shall be a general obligation of the Town of
Mamaroneck, and the faith and credit of the Town are
hereby pledged for the punctual payment of the princi-
pal of and interest on said obligation, and unless other-
wise paid or payment provided for, a tax sufficient to
provide for the payment thereof shall be levied and
collected.
Section 4. This resolution shall take effect
immediately.
On motion of Councilman Eandeville, seconded by Councilman
Griffin, the foregoing resolution was adopted by the following
vote:
AYES: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville, Meginniss
NOES: None
The following resolution was offered by Councilman Ileginniss,
and seconded by Councilman Bates, to-wit :
WHEREAS, Chapter 430 of the Laws of 1938 authorizes
the Village of Larchmont and the Town Board of the
Town of Mamaroneck, acting for and on behalf of Refuse
and Garbage District No. 1 of the Town of Mamaroneck
jointly to construct and maintain an incineration
disposal plant and to severally issue bonds or other
obligations to defray their respective portions of the
cost thereof, on the basis of a payment of fifty per
cent thereof by the Village of Larchmont and fifty
per cent thereof by Refuse and Garbage District No. 1
of the Town of Mamaroneck; and
WHEREAS, in accordance with said Act the Village of
Larchmont and the Town Board of the Town of Mamaroneck,
acting for and on behalf of Refuse and Garbage District
No. 1 of the Town of Mamaroneck have heretofore agreed
upon tentative plans for jointly constructing, maintain-
ing and operating an incineration disposal plant for
refuse and garbage collected from the Village of Larch-
mont and Refuse and Garbage District No. 1; and
WHEREAS, by said Act the Idayor of the Village of Larch-
mont and the Supervisor of the Town of Mamaroneck are
appointed a joint board of control to be known as the
"Larchmont-Mamamaroneck Garbage Disposal Commission" and
are authorized and empowered to agree upon final plans
and specifications for the construction of such incinera-
tion disposal plant, which plans are subject to the ap-
proval of the Board of Trustees of the Village of Larch-
mont and the Town Board of the Town of Mamaroneck; and
WHEREAS, certain land necessary for the construction
of said incineration disposal plant has been previously
a
acquired pursuant to the option obtained by the Larchmont-
Mamaroneck Garbage Disposal Commission at a total cost,
including incidental expenses, of $17,500; and
WHEREAS, final plans and specifications for the con-
struction of such incineration disposal plant have been
approved by said Commission and by the Board of Trustees
of the Village of Larchmont and the Town Board of the
Town of Mamaroneck, and bids have beer, received therefor;
and it has been estimated by said Commission and by said
Board of Trustees and by said Tom Board that the cost
of constructing such incineration disposal plant will be
$112, 500; and
WHEREAS, it is the desire of the Town Board toissue
bonds in the amount of $56,250 to pay one-half of such
cost;
NOW, THEREFORE BE IT
RESOLVED, by the Town Board of the Town of iMamaroneck,
New York, as follows :
Section 1. That there shall be issued $56,250
Incinerator Bonds of the Town of Mamaroneck, New York,
of the denomination of $1,000 each, except bond num-
bered 1 for $250, dated October 1, 1940, numbered from
1 to 57, inclusive, maturing in numerical order in the
amount of $5,250 on October 1, 19415 $5,000 on October 1,
in each of the years 1942 to 1950, inclusive, and $6,000
on October 1, 1951, and bearing interest at a rate not
exceeding five per center per annum, payable semi-annually
April 1 and October 1, evidenced by interest coupons to
be thereunto attached. That said bonds shall be signed
by the Supervisor and attested by the Town Clerk under
the corporate seal of the Town, and the interest coupons
shall be signed with the facsimile signature of the
Supervisor, and both principal of and interest on said
bonds shall be payable in lawful money of the United
States of America at the office of the First National
Bank of SdIount Vernon, .Mount Vernon, New York, or at the
option of the holder, at the principal office of the
Guaranty Trust Company of New York, in the City, County,
and State of New York.
Section 2. That said bonds shall be issued in sub-
stantially the following form, to-wit
UNITED STATES OF ATMERICA
STATE OF NEW YORK
COUNTY OF WESTCHESTER
TOVIN OF MAMARONECK
INCINERATOR BOND
No .
The TOWN OF MAMARONECK, a municipal corporation
of the State of New, York, hereby acknowledges its in-
debtedness arid. for value received promises to pay to
bearer on the first day of October 19_ the sum of
Dollars (, ) , together
with interest thereon from the date hereof at the rate of
,per centum per annum, payable semi-
annually on the first days of April and October upon pre-
sentation and surrender of the annexed interest coupons
as the same respectively mature . Both principal and
interest of this bond are payable in lawful money of the
United States of America at the ,
in , New York, with New York
exchange.
v
19
This bond is one of an issue of bonds of like date
and tenor, except as to number, denomination, and date of
maturity, and is issued for the purpose of paying part of
the cost of acquiring an incineration disposal plant,
pursuant to and in strict compliance with the Constitution
and statutes of the State of New York, including among
others the Town Law, General Municipal Law and Chapter 430
of the Laws of 1938, and acts amendatory thereof, and is
issued pursuant to proceedings of the Town Board of said
Town duly had and taken in all respects authorizing the
same .
It is hereby certified, recited and declared that all
acts, conditions and things required to exist, to happen
and to be performed precedent to and in the issuance of
this bond., exist, have happened and have been performed in
due time, form and manner as required by later; 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 the
State of New York. The full faith and credit of said Town
are hereby irrevocably pledged for the punctual payment of
the principal of and interest on this bond according to
its terms .
This bond may be converted into a registered bond
in accordance with the provisions of the General Munici-
pal Law. If this bond be registered, the interest hereon
at the request of the registered owner will be remitted
by mail with New York exchange .
IN WITNESS WHEREOF, the Town of Mamaroneck has caused
this bond to be signed by its Supervisor and attested by
its Town Clerk under the corporate seal of said Town and
the interest coupons hereto annexed to be authenticated
by the facsimile signature of said Supervisor, and this
bond to be dated as of the first day of October, 1940.
ATTEST:
Town Clerk.
TOWN OF MAMARONECK
By
Supervisor.
(FORM OF COUPON)
No.
April
On the first day of October 19_, the Town of
Mamaroneck, a municipal corporation in the State of New
York, will pay to the bearer the sum of Dollars
(j > at , in ,
New York, being six months ' interest then due on its
Incinerator Bond, dated October 1, 1940,
No .
Supervisor.
CERTIFICATE OF CONVERSION INTO A FULLY REGISTERED BOND.
Upon the written request of the owner of the within
bond for its conversion into a fully registered bond, I
have this day cut off and destroyed coupons
annexed to this bond amounting in the aggregate to
Dollars ($ ) , and
-10
the interest on this bond at the rate and on the dates
as was provided by the coupons as well as the principal
thereof will hereafter be paid to
, legal representatives, successors
or assigns, at the place of payment specified therein, or,
at the request of the registered owner, the interest will
be remitted by mail with New York exchange . This bond
hereafter will be transferable on the books of the Town
Clerk of the Town of Mamaroneck, in the County of Vdest-
chester, New York, or other Registrar only on presentation
of the same with a written assignment duly acknowledged
or proved.
Dated , 19_.
Official Title
Name of Signature of
Date of Registry: Registered Owner Registrar
Section 3 . That the Supervisor is hereby authorized
to cause notice of sale of said bonds to be published in
"The Bond Buyer" and in "The Daily Times" . the official
newspaper of said Town, such notice to be published not
less than five nor more than thirty days before the date
fixed for the receipt of sealed proposals, and the said
Supervisor is further authorized to cause such notice of
sale to be published in such other newspaper or financial
paper, or papers , and cause such descriptive matter to be
circulated as in his discretion may be deemed necessary;
and the Supervisor is hereby authorized to award said bonds .
Section 4. That the notice of sale shall be in sub-
stantially the following form, to-wit:
$56,250.
TOWN OF MAIIARONECK_, NEW YORK
INCINERATOR BONDS
NOTICE OF BOND SALE
Sealed proposals will be received and considered by
the Supervisor of the Tov:n of Mamaroneck, New York, at
158 West Boston Post Road in said Town, at 10 o' clock A. Ids.
Eastern Standard Time (11 o' clock A. M. Daylight Saving
Time) on the 12th day of September, 1940, for the purchase
at not less than par and accrued interest of
$56,250 Incinerator Bonds of said Tovm, of the denomi-
nation of $1,000 each, except bond numbered 1 for $250,
dated. October 1, 1940, maturing $5,250 on October 1, 1941,
$5,000 on October 1 in each of the years 1942 to 1950,
inclusive, and $6,000 on October 1, 1951, and bearing
interest at a rate not exceeding five per centum per annum
payable semi-annually April 1 and October 1. Principal
and interest payable at the office of the First National
Bank of Mount Vernon, Mount Vernon, New York, or, at the
117
option of the holder, at the principal office of the
Guaranty Trust Company of New York, in the City, County
and State of New York. Bonds will be in coupon form
and may be converted into fully registered bonds, and are
general obligations of the Town payable primarily from
taxes against property within Refuse and Garbage District
No. 1 of said Town, but if not paid therefrom, all the
taxable property within the Town will be subject to the
levy of unlimited ad valorem taxes to pay said bonds and
interest thereon.
Each bid must be for all of said bonds and state a
single rate of interest therefor . Unless all bids are
rejected the award will be made to the bidder complying
with the terms of sale and offering to purchase said bonds
at the lowest rate of interest, not exceeding the rate
above specified, stated in a multiple of one-quarter or
one-tenth of one per centum per annum, without reference
to premium, provided., however, that if two or more bidders
offer to purchase said bonds at the same lowest rate of
interest then such award will be made to the bidder offer-
ing the highest premium. The right is reserved to reject
any or all bids . Each bid must be enclosed in a sealed
envelope addressed to the undersigned. Surervisor and marked
on the outside "Proposal for Bonds" and must be accompanied
with a certified, or bank, or trust company check to the
order of the Town of Mamaroneck for $1,125 as a good faith
deposit to secure the Town against any loss resulting from
the failure of the bidder to comply with the terms of his
bid. No interest will be allowed on the amount of the
good faith deposit .
Said bonds are issued for the ,purpose of paying part
_ of the cost of acquiring an incineration disposal plant,
pursuant to the Town Law, General Municipal Law and Chap-
ter 430, Laws of 1938, and acts amendatory thereof. The
— period of probable usefulness of such purpose is fifteen
years .
The approving opinion of Messrs . Dillon, Vandewater
& Hoore, Attorneys of New York, N. Y. will be furnished to
the purchaser without cost.
FINANCIAL STATEMENT
The assessed valuation of the real estate subject to
the taxing power of the Town is $ 83,124, 521. The average
assessed valuation of the real estate of said Town, sub-
ject to taxation as determined by the last completed assess-
ment roll and the four preceding assessment rolls of said
Town, is 82,643, 596. The total bonded debt of the Town,
including the above mentioned bonds, is $4,269,750, of which
amount $661,000 is water debt. The population of the Town
(1930 census) was 19,040; (1940 census) 22,214. The
bonded debt above stated does not include the debt of any
other subdivision having power to levy taxes upon any or
all of the property subject to the taxing pourer of the
Town. The fiscal year commences January 1. The amount of
taxes levied for each of the fiscal years commencing
January 1, 1937, January 1, 1938, and January 1, 1939, was
respectively $1,139,310 .$1,348,716 and $1,268,934. The
amount of such taxes uncollected at the end of each of said
fiscal years was respectively $127,384, $131,108, and
$ 1171332 . The amount of such taxes remaining uncollected
as of the date of this notice is respectively $28,169.17,
$44,309.35 and $54,404.62. The taxes of the fiscal year
commencing January 1, 1940, amount to $1,305,068. of which
$1,142,959. 56 have
of essential facts
bidder.
been collected. A detailed report
will be submitted to any interested
Dated, Mamaroneck, New York,
August 21, 1940
Bert Co McCulloch
Supervisor,
Section 5. That there shall annually be raised by
- tax upon the taxable property in Refuse and Garbage
District Nom 1 of said Town a sum sufficient to pay the
principal of and interest on said, bonds as the same re-
spectively become due and payable; and in the event of
an insufficiency in collections for such purpose, the
Supervisor is hereby authorized to apply any surplus
funds of the Town or to borrow in accordance with the
law, such amounts as may be necessary to pay the principal
of and interest on said bonds .
Section 6. That when said bonds shall have been
duly executed the same shall be delivered to the pur-
chaser upon payment of the purchase price to the Super-
visor and the receipt of the Supervisor shall be a full
acquittance to said purchaserwho shall not be obliged to
see to the application of the purchase money.
Section 7. That all resolutions and parts of
resolutions heretofore ad.onted to the extent that they
are inconsistent herewith be and the same hereby are
rescinded and repealed,
Section 8. That it is hereby determined that the
period of probable usefulness of the purpose or object
for which said bonds are authorized to be issued is at
least fifteen years .
Section 9. That this resolution shall take effect
immediately.
The Question of the adoption of the foregoing resolution
was duly put to a vote which resulted as follows :
AYES : Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville, Meginniss
NOES : None
The resolution was thereupon declared duly adopted.
The following resolution was offered by Councilman
Meginniss and seconded by Councilman Bates, to-wit:
RESOLVED, by the Town Board of the Town of Mamaroneck,
as follows :
Section 1. The final plans and specifications for
the construction of an incineration disposal plant pur-
suant to Chapter 430 of the Lamas of 1935, as approved by
the Larchmont-Mamaroneck Garbage Disposal Commission, are
hereby approved.
Section 2. The cost of the construction of such
incineration disposal plant is hereby estimated to be
$112, 500, which shall be paid one-half by the Town of
Mamaroneck acting for Refuse and Garbage District No. 1
and one-half by the Village of Larchmont.
Section 3 . This resolution shall constitute an
agreement with the Board of Trustees of the Village of
Larchmont upon the passage of a resolution by said Board
of Trustees substantially in conformity with the pro-
visions of Section 1. hereof .
The foregoing resolution was passed by the following vote :
AYES: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville,
Meginniss
NOES : None
The Supervisor reported that there were urgent bills of the
Larchmont-Mamaroneck Joint Garbage Incinerator Commission amounting
to $250.00 which the Commission could not pay because it has no avail-
able funds . He suggested that the Town advance this amount to the
Commission to pay these bills, the amount to be returned to the Town
from the bond issue for the construction of the incinerator .
On motion by Councilman Mandeville, seconded by Councilman
Griffin, it was unanimously
RESOLVED, that the Supervisor, the representative
of the Town on the Larchmont-Mamaroneck Joint
Garbage Incinerator Commission, be and he hereby
is authorized to advance from surplus funds of the
Town of Mamaroneck the amount of $250 to the Joint
Garbage Incinerator Commission to pay certain urgent
bills .
The Town Attorney, stated that he recommended the settlement
of the certiorari proceeding instituted by ANCONVIR CO. , INC. to
review the assessment upon a parcel of property in the Village of Mama-
roneck known as Section 9, Block 18, Lot 23-a; Section 9, Block 31,
Lot 24; and Section 9, Block 50, Lot 15-b, on the basis of a reduc-
tion in the assessments from $15,000; $50,000; and $14,500 to $14,000;
$44,000; and $12, 500 respectively for the year 1938 .
Councilman Bates introduced the following resolution which
was seconded by Councilman Mandeville :
WHEREAS, heretofore and on or about the 30th day
of September, 1938, a writ of certiorari was obtained
by ANCONVIR CO. , INC. owner of Section 9, Block 18,
Lot 23-a; Section 9, Block 31, Lot 24; and Section 9,
Block 50, Lot 15-b, to review the assessment for the
year 1938, upon the premises owned by it; and
WHEREAS, a return to such writ was duly filed by the
Assessor and Board of Review on or about the 15th day
of November, 1938, and no further proceedings have
been had; and
WHEREAS, the Town Attorney and Assessor recommend to
this Board that the proceedings be settled and dis-
continued upon the reduction of the assessments from
$15,000; $50,000; and $14, 700. to $14,000; $44 000,
and $12,500 respectively;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment for the year 19388
upon property known as Sectior! 9, Block 18, Lot 23-a;
Section 9, Block 31, Lot 24; and Section 9, Block 50,
Lot 15-b, assessed for $15,000; $50,000; and ,$14,500
respectively be reduced to $14,000; $44,000; and $12, 500
respectively, provided the certiorari proceeding now
pending in the name of ANCONVIR CO. , INC. , be dis-
continued without costs to the Town of Mamaroneck.
vote :
FURTHER RESOLVED, that the Town Attorney is hereby
authorized and directed to sign the necessary stipulation
to obtain an order of the Supreme Court providing for
such reduction and refund of any excess taxes paid.
The foregoing resolution was adopted by the following
AYES: Supervisor McCulloch
Councilmen Bates, Mandeville, Meginniss
NOES : None
NOT VOTING: Councilman Griffin
The Supervisor reported that he had had a conference with
Er . Chas . H. Sells, Commissioner of Public Works of Westchester
County, and Mr. James S. Bixby, District Engineer of the Department
of Highways of the State of New York, concerning the Weaver Street
Chapel property. Fe explained that they had agreed to take title
to the property and that the cost to the Town would, not be any greater
than it would have been anyway after the Town had paid for a portion
of the property which is in the highway. He recommended that the
Board. authorize him to draw up the proper resolution or letter stating
that when this property is acquired for highway purposes, the Town
will cancel all outstanding taxes against it.
On motion by Councilman Mandeville, seconded by Councilman
Griffin, it was unanimously
RESOLVED, that the Supervisor be authorized to
draw up the proper resolution or letter stating
that when the Weaver Street Chapel property is
acquired for highway purposes, the Town of Mamaro-
neck will cancel all outstanding taxes against it.
The Supervisor stated that on December 7, 1939 he and the
Town Attorney had been authorized to make a settlement on tax liens
on certain lots foreclosed by the Hillandale Investors Corporation
and now owned by them. He said that he and the Town Attorney had
recommended that the Board deny their offer to pay one-half of the
face amount of the taxes, but they now recommend that the Board
accept the offer of Hillandale Investors Corporation to pay the face
amount of the taxes plus advertising costs on Section 6, Block 40,
Lots 5 to 9 inclusive .
On motion by Councilman Bates, seconded by Councilman
leginniss, it was upon roll call (the Supervisor not voting)
unanimously
RESOLVED, that upon the recommendation of the
Supervisor and the Town Attorney, the Receiver of
Taxes and Assessments be and he hereby is authorized,
empowered and directed to accept payment of the
following taxes in the face amount of the tax plus
advertising costs on the following described pro-
perty, provided payment is made within thirty days :
Tax
Sale
S .C.T.
School
Adv.
Section Block Lot Year
Year
Tax
Tax
Costs
6 4/ 0 5 1917
1918
.13
$ .14
$ .75
1920
1921
.21
.75
1929
1930
1.48
2 .62
.75
1930
1931
1.45
3 .01
.75
1931
1932
1.40
2.98
.75
1932
1933
1.66
3 .13
.75
1933
1934
1.71
2.62
.75
1934
1935
4.44
2.93
.75
1935
1936
1.81
2.91
.75
1936
1937
2.1
2 .97
.75
Total
123
$ 16.22 $ 23 .52 $7. 50 $ 47.24
25
Section Block Lot
6 40 6
0
0
0
0
40
4.0
440
ON
7
0
N
Tax
Year
1917
1920
1929
1930
1931
1932
1933
1934
1935
1936
1917
1920
1929
1930
1931
1932
1933
1934
1935
1936
1917
1920
1929
1930
1931
1932
1933
1934
1935
1936
1917
1920
1929
1930
1931
1932
1933
1934
1935
1936
5 to 1937
9 inc . 1935
1939
Sale
S.C.T.
School
$
Adv.
Year
Tax
Tax
.75
Costs
1918
$
.13
.14
1931
.75
1921
.75
.21
1.40
.75
1930
.75
1.48
2.62
3 .13
.75
1931
1934
1.45
3 .01
.75
1932
4.44
1.40
2.95
.75
.75
1933
2.91
1.66
3 .13
1937
.75
1934
1.71
2.62
16. 57
.75
1935
7. 50
4.44
2.93
$15.70
.75
1936
1939
1.51
2.91
.75
1937
15 .43
2.4.9
3 .46
.75
.75
16.57
$24.01
7 . 50
1915
.13
.14
.75
1921
.21
.75
1930
1.45
2.62
.75
1931
1.45
3 .01
.75
1932
1.40
2.95
.75
1933
1.66
3 .13
.75
1934
1.71
2 .62
.75
1935
4.44
2.93
.75
1936
1.81
2.91
.75
1937
2.49
3 .46
.75
$
16. 57
$24.01
$
7. 50
1915
$
.13
.14
.75
1921
.21
.75
1930
1.45
2.62
.75
1931
1.45
3 .01
.75
1932
1.40
2.95
.75
1933
1.66
3 .13
.75
1934
1.71
2 .62
.75
1935
4.44
2.93
.75
1936
1.81
2.91
.75
1937
3 .21
4.45
.75
$ 17 .29 $25 .00 $ 7. 50
1915
.13
$ •l4
$
.75
1921
.21
.75
1930
1.45
2.62
.75
1931
1.45
3.01
.75
1932
1.40
2.95
.75
1933
1.66
3 .13
.75
1934
1.71
2 .62
.75
1935
4.44
2.93
.75
1936
1.51
2.91
.75
1937
2.4.9
3 .46
.75
16. 57
x$24.01
$
7. 50
1935
$ 14.01
$15.70
$
.75
1939
17.02
18.91
.75
1940
15 .43
15.56
.75
$ 46.46 $56.17 $ 2.25
Grand Total
Total
$ 45 .05
$45.05
$49.79
$45.05
$1
$346.15
The Supervisor reported that Village Manager Johnson of
Mamaroneck had arranged a meeting with Mr. Sells, Commissioner of
Public Works of Westchester County, and Supervisor Schmidt of Rye
in connection with the improvement of Halstead Avenue and the widening
of the bridge over the Sheldrake River, which calls for an expenditure
by the Town of Mamaroneck. He stated that he would attend the meet-
ing and report back to the Board on September 4, 1940.
IV
9
The Supervisor stated that he had received a request from
Atlantic Municipal Corporation to purchase certain 1940 tax liens as
of the date of sale, May 22, 1940. He recommended that they be per-
mitted to do so .
On motion by Councilman Bates, seconded by Councilman Griffin,
it was upon roll call unanimously
from Messersmith & Crawford, attorneys, requesting permission to
purchase by assignment for one of their clients the outstanding
tax liens against Section 9, Block 47, Lots 12 and 13, in the face
amount of the liens without interest. He recommended that the re-
quest be granted.
On motion by Councilman Bates, seconded. by Councilman
Mandeville, it was upon roll call unanimously
RESOLVED, that the Atlantic Municipal Corporation
__..
be permitted to purchase as of the date of sale,
May 22, 1940, the following described tax liens owned
by the Town:
Section
Block
Lot
Name
Amount
1
28
47,48
Louis Barone $
9.41
1
58
6B
Florence Emmeluth
8.84
1
59
7,8
Alex Sandberg & wife
23 .84
2
8A
Q
Fenimore Goode
17 .48
2
9A
4249
Rockledge Holding Corp.
46.93
2
15
18,19
August Helmrich
12.30
2
16
6.0,41
Mary A. Ironton
12.30
2
16
50, 51
Henry Dickerson
12.30
4
35
12
Rose J. Wormworth
7032
4
37
10
Mary Brindley
7.68
4
47
-
Arthur E. Wullschleger
58.47
4
52
-
Arthur E. U',Tullschleger
81. 57
5
7
5 to 10
Kate V. S. Schaefer
21. 54
6
40
10,11
Margaret P . Ragati
7.68
6
53
19Nr2
David Prosnit & or .
44.62
6
65
51 to 53,
Leo Siebert and or.
64.25
38B
6
65
57, 58
Irene Borreale
19.22
7
35
19,20
Elizabeth D. Williams
32.50
- 7
63
15253B )
10,11 )
Celia Landon
167. 59
12A )
8
30
29,30
Mary Pidgen
18 .07
8
54
2, 6
Helen Wullschleger
35 .39
S
61
11A,11B
ni Ca oazi
Domenico pp
?_0 61
.
8
61
12
John Gondola & wife
12 .30
8
78
47
Lucia Ianarelli
16 .22
9
11
1A
Snug harbor Realty Cc .
324.03
a
46
1B,2A,
Beatrice Trohn
16.91
9B
9
53
859
Helen Wullschleger
127 .75
9
7S
637
Mid-Orienta Properties
56.17
9
81
13 to
Orienta Land Co.
93 .55
18
9
92
1A
Arthur E. Wullschleger
29.61
9
92
5
Arthur E. Wullschleger
439.48
8
80
3
John miller
75 .80
The Supervisor presented a letter dated August 8, 1940 19405
from Messersmith & Crawford, attorneys, requesting permission to
purchase by assignment for one of their clients the outstanding
tax liens against Section 9, Block 47, Lots 12 and 13, in the face
amount of the liens without interest. He recommended that the re-
quest be granted.
On motion by Councilman Bates, seconded. by Councilman
Mandeville, it was upon roll call unanimously
RESOLVED, that the Receiver of Taxes and Assess-
ments be and he hereby is authorized to sell by
assignment the following described tax liens, which
are held by the Town, to the client of Messersmith
& Crawford, Mr. Lawrence Ley, Larchmont Acres, Palmer
Avenue, La.rchmont, New York, on Section 9,
Block 47, Lots 12 and 13, in the face amount of
the liens without interest, provided payment is
made within thirty days :
Year of
Year of
Amount of
Tax
Sale
Lien
1932
1933
$73.00
1933
1934
66 .02
- 1934
1935
127 . 56
1935
1936
93 . 58
1936
1937
121. 52
1937
1938
128.22
1938
1939
139 .27
1939
1940
132.31
A letter dated August 14, 1940 was received from Receiver
of Taxes Henry R. Dillon, enclosing a claim of Atlantic Eunicipal
Corporation for the refund of $64.20 vrhich they had paid for an
invalid lien that they had purchased on Section 6, Block 65 , Lots 54,
55 and 56 at the tax sale of 1940. Through an error on the tax sale
sheet the lien on Section 6, Block 655 Lots 54, 55 and 56 was sho,nrn
as unpaid. while actually the 1939 taxes had already been paid and the
open lien was against Section 65 Block 64, Lots 54, 55 and 56.
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was unanimously
RESOLVED, that the claim of Atlantic Municipal
Corporation for refund of $61.20 paid by them
for an invalid tax lien purchased at the tax
sale held May 22, 1940, be and it hereby is
approved for payment.
A letter dated July 26, 1940, was received from Clair V.
Johnson, Chairman, Board of Police Commissioners of the Town of
Mamarcneck, giving a report of the action taken in regard to the
recommendation from the Woman's Club that shrubbery adjacent to
street intersections be trimmed in order to make such corners less
dangerous for automobile drivers, which matter had been referred
to the Police Commission at a previous meeting.
The Supervisor informed. the Board that the Woman's Club
had been notified of the Police Commission` s action. The letter
was thereupon ordered filed.
A letter dated August 7, 1940, as received from Miss Evelyn
Sweeney, 22 Plymouth Road, Larchmont, requesting that a railing be
placed on the ramp in front of her home as a protection from icy steps
during the winter. The Board. directed Town Engineer Foote to con-
struct a railing on the ramp.
A letter dated July 5, 1940, was received from Pair . Frank
Comblo, President of the Mamaroneck Drum & Bugle Corps of David
Potts, Jr . Post, No. 1156, The Veterans of Foreign Wfars, offering the
services of the Drum Corps to the citizens in any national emergency.
The Board expressed their appreciation for the offer .
The following reports were received and filed: (1) Report
of the Receiver of Taxes for the month of July; (2) Report of the
Town Clerk for the month of July; (3) Report of the Building In-
- spector for the month of July; (4) Report of the Plumbing Inspector
for the month of July; (5) Report of Mamaroneck Health Center, Inc .
for the month of July; and (6) Report of the County Health Department
for the month of June .
The Supervisor suggested that beginning in September the
Board hold regular meetings the first and third Wednesdays of the
month. The Board agreed to do so .
At 9:30 P. M. the Board unanimously resolved to adjourn.
Deputy Town Clerk