HomeMy WebLinkAbout1940_09_04 Town Board Minutes of
REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD SEPTEMBER 4, 1940
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch at
8 P.M.
Present: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville, Meginniss
Absent : None
The presence was also noted of Deputy Town Clerk, Alice
Wheelock, Town Attorney Delius, Comptroller Luceno and Town Engineer
Foote .
Councilman Bates reported that the Oxford Drain W. P. A.
Project would commence within a week.
Councilman Heginniss read a letter dated August 28, 1940,
from Chief Wm. V. McCarthy of the Fire Department recommending the
appointment of Mr. Louis Testa as a probationary paid employee of the
Eire Department, in response to the request of the Town Board that the
Fire Council recommend one man for appointment at this time because
of insufficient funds to pay the salary of two men. Councilman
Meginniss recommended the appointment of Mr. Testa.
After discussion the matter was laid over until the next
meeting of the Board.
Councilman Griffin reported that the regular work was being
done by the Park Department and that the Public Welfare Department
report for the month of August had not been received.
Councilman Griffin presented four petitions dated September 4,
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
Mandeville, the following resolution was unanimously adopted:
WHEREAS, the Assessor has presented petitions
dated September 4, 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 Lams of 1916, as amended., known 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;
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
2 13 11,12,13 P . J . & C . Fogarty $1,500 - $1,500
(223-482)
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33 :
Section
Block Lot Owner Land Imp.
Total
2
13 13A P. J. & C. Fogarty $12400 _
$15400
(223-452)
2
13 13B D. P. Fogarty 100 -
100
(223-474)
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 Ovmer Land Imp.
Total
--- 1
37B 320 to G. Giannetti $6,315 .00 -
$6,315
326-327A
(122-642)
be corrected as folloazs, in accordance with the
provisions of sub-division 5 of Section 33 :
Section
Bloc: Lot Owner Land Imp.
Total
1
37B 320 to 322 G. Giannetti $2,765 -
$2,765
(122-642)
1
37B 323 to 3265 H. E. Myers & W 35550 -
3, 550
327A
(122-650)
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 I
Total
4
41A 15 Burton C. Ileighan, Sub-$5,000 -
$5,000
(412-134) Trustee under last will
& testament of '' illiam
T. Wood, deceased
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33 :
Section
Bloc: Lot Owner Land Im .
Total
4
41A 25 Burton C. Meighan, etc.$4,100 -
$4,100
(412-134)
4
41A 15 H. J. Kennedy 900 -
9'00
(412-191)
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 OTrner Land Imr_ ,
Total
5
7 1 to 4 James J. Hall $1,300 -
: 1,300
and 11
(502-254)
be corrected as follows, in accordance Tarith the
-,
provisions of sub-division 5 of Section 33 :
Section
Block Lot Owner Land Imp.
Total
5
7 1 to 4 Town of Mamaroneck $13200 -
$1,200
(502-254)
5
7 11 James J . Hall 100 -
100
(604-1)
Councilman Griffin presented the following petition dated
September
3, 1940 from the Assessor:
CM ry t6
"There appears an our Arrears Books, tinder Section 9,
Block 29, Lot 3, .First Subdivision Grand Park, Lot 54,
Grand Park First subdivision Map 459, tax year 1575,
sale year 1876, lien amounting to $5 .79.
"This lien was placed on our Arrears Booms in error .
I, therefore, beg the Honorable Town Board of the
Town of Mamaroneck to cancel this lien."
(Signed) Jas . M. Smith
Assessor
On motion by Councilman Bates, seconded by Councilman
Mandeville, it was upon roll call unanimously
RESOLVED that the petition of the Assessor as above
set forth be and it hereby is approved; and be it
FURTHER RESOLVED that the Receiver of Taxes and
Assessments be and he hereby is directed to cancel
on his records the taxes as above set forth.
Councilman Griffin presented a second petition dated
September 3, 1940, received from the Assessor, as follows :
"There appears on our Arrears Books, under Section 6,
Block 4, Lot 16, Map of Sound Shores, Block P,
Lot 107, tax year 1912, sale year 1913, lien amount-
ing to $1.04, sold to the Town on October 7, 1913
which is now part of Palmer Avenue .
"I, therefore, beg the Honorable Torun Board of the
Town of Mamaroneck to cancel this lien. "
(signed) Jas . M. Smith
Assessor
On motion by Councilman Griffin, seconded by Councilman
Bates, it was upon roll call unanimously
RESOLVED, that the petition of the Assessor as
above set forth be and it hereby is approved;
and be it
FURTHER RESOLVED, that the Receiver of Taxes and
Assessments be and he hereby is directed to cancel
on his records the taxes as above set forth.
Councilman Griffin presented a request from the Assessor
for the approval of a number of pages from the Assessment Map show-
ing corrections made by the Town Engineer as of June 1st, 19405
such corrections being due to the sale of lots or plots, filing of
maps in the County Register' s office, and so forth.
On motion by Councilman Griffin, seconded by Councilman
Mandeville, it was unanimously
RESOLVED that this Board approves changes in the
Assessment Map of the Town of Mamaroneck as of the
first of June, 1940, and the said map is hereby
corrected and rectified as of June 1, 1940, in the
following places .
Page : 102, 104, 105, 106, 107, 110, 112, 113, 114,
120, 121, 122, 123, 124, 125, 126, 132, 133, 203, 208, 209
210, 211, 215, 221, 222, 225, 301, 304, 312, 313
344, 3455 302, 403, 405, 407, 408, 410, 412, 502,
509, 6025 604, 606, 6075 609, 610, 613, 614, 6165
61S, 619, 701, 703, 705, 706, 707, 708, 709, 710,
7115 714, 715, 7183 7195 720, 721, 724, 727, 728,
801, 803, 806, S10, 811, 812, 813, 814, 819, 820,
8215 822, 523, 826, 829, 830, 831, 832, 833, 901,
902, 903, 906, 907, 9085 911, 913 , 915, 918, 919,
920, 922, 92S, 9303 931, 932, 936, 937, 9395 943,
944, 9455 949, 950, 956, 960, 962.
The Supervisor suggested that if there was no objection
the regular order of business would be suspended in order to hear
Mr . 0 . F. Gerlach, Supervisor Inspector of the Department of Public
Works of the County of Westchester .
Mr . Gerlach presented a letter dated September 4, 1940, and
explained to the Board the County' s plan to install two new pumps and
new controls and a new 12-inch force main to run from the Weaver Street
Pump Station to the trunk line sewer at Weaver Street. He stated
that instead of constructing the 12-inch force plain in the easements
already owned by the County, it had seemed advisable because of certain
proposed improvements at the Town yard, to install the sewer in a new
location and requested the Board to approve the plan.
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was unanimously
RESOLVED, that Town Attorney Delius be authorised
to prepare the proper resolution to be adopted
by the Board at its next meeting approving the plan.
Councilman Mandeville introduced the following resolution:
RESOLUTION APPROPRIATING THE SUM OF $3,350 TO PAY
A PORTION OF THE COST OF PUBLIC IMPROVEMENT WORK RELIEF
PROJECTS IN THE TOWN AND AUTHORIZING THE ISSUANCE OF
$3,350 BONDS OF THE TOWN OF MAMARONECK FOR SAID PURPOSE.
RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK,
IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows :
Section 1. The sum of $3,350 is hereby appropriated
to pay the portion to be borne by the Town of public
improvement 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
therewith, the said public improvement work relief pro-
jects to include only projects having a period of probable
usefulness of at least five (5) years, computed from
September 4, 1940, the date of adoption of this resolution
and no indebtedness, 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 exceed-
ing $3,350 shall be issued..
Section 2. Said bonds shall be dated April 1, 1941,
shall 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
hereafter be determined by subsequent resolution or resolu-
tions 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 G . This resolution shall take effect
immediately.
3
on motion of Councilman Mandeville, seconded. by Councilman
Griffin, the foregoing resolution was adopted by the following vote:
AYES: Councilmen Bates, Griffin, Mandeville,
Meginniss
NOES: None
NOT VOTING: Supervisor McCulloch
Councilman Mandeville introduced the following preamble
and resolution:
WEEREAS, a resolution entitled: "Resolution appro-
priating the sum of $3 ,350 to pay a portion of the
cost of public improvement work relief projects in
the Town and authorizing the issuance of $3,350
bonds of the Town of Mamaroneck for said purpose" ,
adopted September 4, 1940, has become effective .
Nowt therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF
MAMRONECK, 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 Certi-
ficate of Indebtedness of the Town of Mamaroneck in an
aggregate principal amount not exceeding $3,350, Said
Certificate shall be designated "Works Project Certi-
ficate of Indebtedness , "
Section 2 . The following matters in connection with
said Certificate are hereby determined:
Date : To be determined by the Supervisor
Maturity: April 1, 1941
Denomination: $3,350.
Number : W.P. A. No . 20
Form: Substantially in accordance with resolution
adopted October 4, 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 principal
of and interest on said obligation, and unless otherwise
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 Mandeville, seconded by Councilman
Griffin, the foregoing resolution was adopted by the following vote:
AYES: Councilmen Bates, Griffin, Mandeville, Meginniss
NOES : None
NOT VOTING: Supervisor McCulloch
The Town Attorney submitted to the Board certain affidavits
verified by Burton C . Meighan, Jr. , Sarah Jane Quinlan and Frank W.
Quinlan, in which it is claimed or made to appear that the 1926 town
and school taxes affecting Section 6, Block 65, Lots 54, 55 and 56
and at that time owned by William Quinlan, deceased husband of Sarah
Jane Quinlan, iere paid although they appeared to be open of record
in the form of a tax lien sold at the 1927 tax lien sale to the Town
of Mamaroneck. He explained that in April, 1940 this lien was sold
and assigned to Atlantic Municipal Corporation for the full amount
with interest to the date of such assignment and that the Atlantic
Municipal Corporation had been unable to enforce payment of the lien
because of the claim made that the tax had been paid and the lien,
therefore, is void.
He also submitted to the Board a letter from Messrs . Meighan
and Kcarsulmer, representing Larchmont Federal Savings and Loan Asso-
ciation, owners of property known as Section 6, Block 65, Lots 54, 55
and 56, formerly owned by William Quinlan, in which they offered- in
compromise of tax lien #843, sold to the Town May 25th, 1937, and there-
after assigned to the Atlantic Municipal Corporation, the sum of $125 .91
being the face amount of the tax without penalties or interest and he
further stated that Atlantic Municipal Corporation is willing to accept
a credit in the sum of $384.54 being the amount of the lien which they
purchased with interest and other legal charges to which they are en-
titled, as against other liens which they have agreed to purchase .
After discussion upon motion duly made by Councilman Mandeville, and seconded
by Councilman Dates it was
RESOLVED that the offer to compromise the lien
be accented and that the Receiver of Taxes
obtain from Atlantic Municipal Corporation,
the lien and an assignment thereof to the Town,
and credit the amount due, that is, the sum of
$384.54, to the Atlantic Municipal Corporation
against other liens which they have agreed to
purchase .
The Town Attorney presented a letter dated August 28, 1940,
together with a claim, from Atlantic Municipal Corporation requesting
the Town Board to refund the lien for the sale of 1939 on Section 4,
Block 16, Lot 22B, amounting to 120.68. He explained that the original
lien which the Atlantic Municipal Corporation purchased covered Sec-
tion L; , Block 16, Lots 203 21 and 22B and that subsequently upon appli-
cation of the owners the property and the lien were apportioned and
the lien on Lots 20 and 21 was redeemed, leaving the Atlantic }Municipal
Corporation with the lien on Lot 22B only. He stated that the Atlantic
Municipal Corporation feel that they purchased the lien covering the
entire property in good faith and that they should be reimbursed for
the apportioned lien on Lot 22B.
After discussion upon motion by Councilman Mandeville,
seconded by Councilman Iaieginniss, it was upon Tell call unanimously
RESOLVED, that the request of Atlantic Municipal
Corporation for the refund- of the lien for the
sale of 1939, covering Section 4, Block 16, Lot 22B,
amounting to $20.68 be and it hereby is denied.
4
The Town Attorney read two letters, one addressed to him
and one addressed to the Town Board, received from Therese H. Simon,
owner of property on Old White Plains Road, protesting against the
Tally-Ho stables adjacent to her property. He explained that the
situation in this case is practically the same as the Hall matter .
He stated that the barns had been there for sometime but that they
are being used for more than private stables, and that he had written
a formal letter to the owner notifying him of the violation of the
zoning ordinance .
On motion by Councilman Griffin,
Bates, it was unanimously
RESOLVED, that the Town Attorney seconded by Councilman
is authorized to proceed to take the necessary
action to remove the above violation of the zoning
ordinance .
The Town Attorney informed the Board that he would like to
attend the annual meeting of the Municipal Lava Section of the
American Bar Association to be held in Philadelphia, Tuesday, Sep-
tember 10, 1940, and requested their permission to do so.
On motion by Councilman Bates, seconded by Councilman
Mandeville, it was upon roll call unanimously
RESOLVED, that the Town Attorney be and hereby
is authorized to attend the annual meeting of
the Municipal Law Section of the American Bar
Association to be held in Philadelphia, Tuesday,
September 10, 1940 the expenses to be paid out
of the Law Department budget in an amount not
exceeding $30.00.
A letter dated August 22, 1940, was received from Leon
Todtfeld, attorney, offering to purchase the tax liens for the
years 1937, 1935 and 1939 on Section 9, Block 195 Lots 9B, 9C, 9D,
10B, 10C and 10D for : 250.00 .
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was upon roll caliunanimously
RESOLVED, that the above offer to purchase the
1937, 1935 and 1939 tax liens on Section 9,
Block 19, Lots 9B, 9C, 9D, 10B, 10C and 10D
for 8250.00 be and it hereby is denied without
prejudice to a better offer .
A letter dated September 3, 1940 was received from Meighan &
Necarsulmer requesting the Board to extend the time for the payment
of certain tax arrears on Section 3, Block 40A, Lot 3A, Section 4,
Block 40A, Lot 3A and Section 4, Block 41A, Lot 3B, permission to pay
which was granted on June 11, 1940•
On :notion by Councilman Griffin, seconded. by Councilman
Mandeville, it was upon roll call unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment of taxes for the following years on
the following described property, the liens for which
are held, by the Town, in the face amount of the lien,
provided payment is made within thirty days:
Tax.
Sale
S .C .T.
School
Sec . Blk. Lot Year
Year
Taxes
Taxes
Penalty
Total
4 40A 3A 1932
1933
8.40
$ 4.43
6 1. 54
$14.37
1933
1934
7 .51
3 .71
1.34
12. 56
1935
1936
6.20
3 .15
1.12
10.47
1936
1937
5.64
4.20
1. 53
14.37
1937
1938
7 .55
4.42
1.45
13 .75
1938
1939
10.96
4.47
1.55
17.25
The following monthly reports were received and filed:
(1) Report of the Receiver of Taxes for the month of August; (2)
Report of the Plumbing Inspector for the month of August; and (3) Re-
port of the County Health Department for the month of July.
At 9:15 P. M. the Board unanimously resolved to adjourn.
Deputy Town Clerk
Tax
Sale
S.C .T.
School
Seca
Blk
Lot
Year
Year
Taxes
Taxes
Penalty
Total
4
40A
3A)
1939
1940
$30.92
$ 12 .89
$ 6.01
$49.82
4
41A
3B 11,
4
40A
4
1932
1933
15 .82
804
2 .90
27.06
1933
1934
14.15
6.98
2. 53
23 .66
1935
1936
10.02
5 .09
1.81
16.92
1936
1937
16.27
7.91
2.90
27.08
1937
1938
14.84
8 .32
2.78
25 .94
--
1938
1939
20.62
8.42
3 .48
32 .52
1939
1940
27 .21
11.34
5 .38
43 .93
The following monthly reports were received and filed:
(1) Report of the Receiver of Taxes for the month of August; (2)
Report of the Plumbing Inspector for the month of August; and (3) Re-
tort of the County Health Department for the month of July.
At 9:15 P. Y. the Board unanimously resolved to adjourn.
Deputy Town Clerk