HomeMy WebLinkAbout1941_12_10 Town Board Minutes PUBLIC HEARING
BY AND BEFORE THE TOWN BOARD OF THE TOWN OF MAMARONECK, NEW YORK
IN ACCORDANCE WITH SECTION 113 OF THE TOWN LAW
HELD DECEMBER 10, 1941
In the auditorium of the Mamaroneck Senior High School, Palmer
Avenue, Mamaroneck, N . Y.
The meeting was called to order by Supervisor McCulloch
at 8:15 P. I1.
Present: Supervisor McCulloch
Councilmen Bates, Griffin and Mandeville
Absent: Councilman Ideginniss
The presence was also noted of Town Clerk Payne, Town
Attorney Delius, Town Engineer Foote, Comptroller Luceno, Deputy
Receiver of faxes Orsino and Public Welfare Officer DeVinne .
At the request of the Supervisor the Town Clerk read the
affidavit of publication of the notice of the hearing, published in
"The Daily Times", the official newspaper of the Town.
The Supervisor thereupon declared the hearing open for
comments upon the proposed budget for the year 1912.
Mr. Harry T. Byrne of 17 Dante Avenue, Town, read a prepared
statement which was filed with the Town Clerk.
Mr. T. Roosevelt Allen, in behalf of the Taxpayers ' League
of Mamaroneck, read a statement of the executive committee' s con-
clusions after a study of the proposed 19,42 budget, which was filed
with the Town Clerk. He asserted that the officers had analyzed
the budget in the "very limited time" allowed and had concluded that
the local officials should be urged to do everything within their
power to decrease the tax rate. "It is mandatory that every possible
economy be practiced by the local officials", he said. The league
protested the budget in its entirety and he said that they would
criticize it more specifically through the press at a later date.
Mr. Walter F. Brady of 132 Valley Stream Road, Town, stated
that if there were any good suggestions, this was the time and place
to discuss them.
Supervisor McCulloch asked Mr. Allen if he was prepared to
do this and Mr. Allen replied that he was not .
The Supervisor asked Mr. Byrne if he wished to discuss any
of the items in his statement.
Mr. Byrne said that he would and proceeded with the follow-
ing:
Mr. Byrne: Is it not a fact that the taxpayer who because
of financial or other reasons who did not receive a lower assessment
must pay a higher tax than previously on account of the reduction
of the assessment roll by $1,500,000?
Supervisor McCulloch. If the assessments are reduced, then
the rate does go up.
Mr. Byrne: I suggest that the assessed valuations should
be equalized. If the assessed valuations were reduced relatively
the same for those who had not secured a reduction through certiorari,
the tax would be equitable, would it not?
Supervisor McCulloch: That is true . The total reduction
was "$1, 500,000. The new construction did not take up all reductions
on old property. I agree that because of certiorari proceedings
there is inequity but I do not agree that there is inequality.
Mr. Byrne: I am not protesting to decreases in assessments .
I want some more for the people who did not get them.
Assessor Smith: I do not know what the courts are going
to do and, therefore, can not reduce all assessments in proportion
to the reductions granted through certiorari.
Mr. William Eklund: I think what Mr. Byrne is driving at
is - he believes that the total roll is over-valuated and that it
is open to attack. It is weak when any certiorari actions are
brought against it. Does the totim realize that fact and have they
any intention of reducing the roll to meet the situation? In such
a situation it will be possible for certain individuals to get relief
while others can not.
Councilman Mandeville stated that this looked to be far
fetched. He pointed out certain conditions throughout the Town.
Supervisor McCulloch: During the last six years about
five million dollars has been reduced on old property. it is very
difficult to have any policy. The assessor must take into considera-
tion the reductions by certiorari in the previous year.
Mr . Byrne: I am trying to find out if the Tovvn is establish-
ing some plan to take care of assessments. I do think that as acting
heads of the community the Town Board should offer some suggestions
to the assessor.
Supervisor McCulloch: When you speak of reducing the roll
by ten per cent or some set figure, you have to decide whether a
high tax rate or a high assessment is a greater deterrent in selling
property.
Mr. Byrne: The school rate is based on the same assessment
roll, is it not?
Supervisor McCulloch: Yes .
Mr. Byrne: Then the school tax is affected by the town
assessment roll?
Supervisor McCulloch: Yes.
The Supervisor explained that under the law the Town Board
does not prepare the roll and is not permitted to influence the
assessor in the preparation of the roll; also that after the roll is
prepared, the same is examined by the Board of Review and then filed.
Supervisor McCulloch: In answer to your question as to
whether or not it is a fact that there are over $500,000 in uncollected
taxes, it is a fact that there are over $500,000 in uncollected taxes .
Three to five letters have gone out on these uncollected taxes .
Mr. Byrne: How much are the uncollected taxes?
Supervisor McCulloch: About $584,000 not counting this
year' s taxes . - -
Mr. Byrne: Has a consistent plan been worked out on this?
Supervisor McCulloch: Yes .
Mr. Byrne: Have you considered foreclosure?
Supervisor McCulloch: Yes, we have. We have considered
foreclosure, but if we own the property, we will have to pay taxes
on it. And you have to pay double, unless we can sell the property.
Mr. Byrne: Is it not true that one of the reasons that it
is unsaleable is because there are high taxes?
Supervisor McCulloch: High taxes never helped the sale
of property.
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Mr. Byrne: Isn' t it a fact that a method of refunding of
amortization, spreading the burden of these over a period of years,
was available without the knowledge of those who are being paid by
us to know?
Supervisor McCulloch: The law which you refer to was
repealed. We did see the State Comptroller several years ago about
this matter. There is a law now permitting municipalities to go to
the Comptroller for approval of a plan for refunding but for one year
only.
Mr. Brady: Will they permit us to do this?
Supervisor DiicCulloch: Only on the general town bonds . Not
- on any district bonds . Bonds issued prior to 1939 could be refunded
and the refunding bonds would be paid off in 1953 or 1954• You could
refund about $50,000. It is a year by year proposition and we would
pay about $14,750 additional interest on this $50,000. The general
bonds are in much better shape than the to7ai outside of villages.
Pair. Byrne: The amortization affected by this refunding
would not be spent at this time.
Supervisor McCulloch: If you want present relief at a
greater total expense later on, that could be done .
Mr. Byrne: I think that it would be the wise thing to do
in the coming years where our amortizations are large, because we
are going to be hit right on the nose by the federal taxes and I feel
that it should be postponed. Refund for the next four or five years .
Supervisor McCulloch: You can, as 1 have already explained,
only do this on the general town bonds and the total amortization
of those bonds for 1942 is only $93,000. The Board has not recommended
it.
Mr. Byrne: It could have been done before but it was never
even thought of.
Supervisor McCulloch: The general principles of refunding
were considered by the Board at a budget hearing and at that time
the proposition was opposed by the people. Is that not so, Mr. Brady?
Mr. Brady: Yes .
Mr. Byrne: Isn't it a fact that unexpended special funds
in previous budgets have been transferred to the general fund and
spent for purchases that taxpayers had legally and emphatically re-
jected, instead of being allowed to remain as surplus?
Supervisor McCulloch: We have a tax lien note and if there
are any unexpended funds, they are paid against the tax lien note.
Mr. Byrne: Do you not use the unexpended fund for other
purposes? I refer to the fire apparatus on which you held a
referendum. The people voted against it and then it was purchased
anyway.
Supervisor McCulloch: The Board used its judgment. They
felt that the piece of fire apparatus was necessary and therefore
included it in the budget. The Board had the responsibility of
deciding whether they should do this . The referendum was on the
question of whether we should bond for the apparatus .
NIr. Byrne: Why did you put it in the budget?
Supervisor McCulloch: Vie assumed that the people wanted
to be on a "pay as you go basis" .
Mr. Byrne: Isn' t it a fact that the budget is prepared
and the tax rate is arrived at with a full knowledge that a certain
part of these taxes will not be collected?
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Supervisor McCulloch. Certainly we know that a certain per-
centage will not be able to pay their taxes . Wewere collecting 98 per
cent of the taxes until a few years ago.
Mr. Byrne: Is that taken into consideration in preparing
the budget? We sit down and adopt a budget and we know that we are
not going to collect these taxes . We are spending the money that we
are not going to collect .
Supervisor McCulloch: You can not take care of it except
by putting a tax 'lien note in the budget. We are doing that. We can
not put in a contingent fund. Penalties and interest on back taxes
do a lot to off-set that amount. Perhaps we should leave these penalties
out of the budget. In an attempt to make the budget as small as possible
we have left them in.
Mr. Byrne: Isn' t it a fact that when you place an item in
the budget to take care of tax notes issued against back taxes, the
taxpayer who has paid his taxes is then paying the delinquent taxes
of others?
Supervisor McCulloch: In a sense he is and in a sense he is
not . He is really advancing money and later on it will be refunded
when the property is sold.
Mr. Byrne: Isn' t it a fact that when the amount for relief
has been reduced, that such amount has been used to reduce the tax
notes issued against back taxes, instead of reduction of the budget,
and doesn' t the law allow the authorities to spend what they desire
for relief, notwithstanding the budget item, and finance 80% of this
over-spending by borrowing without the consent of the taxpayer?
Supervisor McCulloch: Everything that was not spent of the
1941 budget has been used to reduce the tax lien note, but the budget
for the coming year shows the actual amount we expect to spend in
the coming year.
Mr. Byrne: If we did riot have a tax lien note, the budget
would have been reduced?
Supervisor McCulloch: Yes, it would have been reduced.
Mr. Brady: Hove; much were the outstanding taxes last year
at this time compared to this $584,000?
Comptroller Luceno: The outstanding taxes are a little
higher this year than they were last year.
Ivlr. Brady: In regard to W. P. A. -projects, is there any
work outstanding?
Supervisor McCulloch: One project on the old dump with
will be completed in two or three weeks and the completion of the
Fenimore Road project.
Mr. Brady: Will that about complete W. P. A.?
Supervisor McCulloch: We spent only about $30,000 last year
and took case of about 120 families and kept them off home relief.
It is not any more expensive and we have felt that we had the improve-
merits to show for the amount expended.
Ivir . Bradv: The defense council item of $1,375 . What is
that for?
Supervisor McCulloch: They asked for $7,000 and I imagine
the $1,375 will not be enough. It is for supplies, arm bands for
wardens, etc .
An unknown person asked the following question: what are
our prospects of wiping out . P. A. altogether?
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Supervisor McCulloch: As long as we have on relief the
number of people we now have who need work, we will have to have
projects .
Mr. George W. Burton, Jr. , "addressed the Board in behalf
of the members of the Fire Department and protested against the action
of the Town Board in not allowing certain items in the Fire Department
budget. He pointed out that on a budget of $23,000 the department
gives the services of eight paid men and seventy-five volunteer men,
that the fire damage has been less than the amount of materials stolen
in the Town and yet the Police Department budget is far greater than
the Fire Department budget. He asserted that the Fire Department needs
money badly for a new chassis for the flood light equipment, for repairs
to the service truck and for repairs to engine No. 2. He also pointed
out that five ,years ago they asked for a new pumper and still had not
received it.
The Supervisor explained that there were three items that the
Board had disallowed in their budget: the new chassis, a chief' s car
and repairs to the building, all of which they thought the Fire Depart-
ment could get along without.
Mr. Burton: We need more space and had planned to make
alterations . We need a lot more equipment because of these auxiliary
firemen for defense. We are definitely short of coats and boots .
Supervisor McCulloch: we granted all the budget requested
except those three items .
Mr. Burton: But then there was no emergency.
Supervisor McCulloch: As you know, this budget can not be
increased. Probably when the legislature meets again there will be
some provision for materials for defense . Vie would have to get to-
gether with you about that .
Mr. Burton: The Fire Department feels that they have gotten
a kicking around. We think we will need $5,000. It is an emergency
proposition and we may need it any times now.
Mr. Munn Brewer: I suggest that the gentlemen from the Fire
Department present their requirements to the Defense Council and then
the Defense Council will take it up with the Town Board.
Supervisor McCulloch: The only hope in the Fire Department
budget for the coming year will have to be in the measure of defense.
Mr. George Mills, Jr. : Is there any way that the Fire
Department could have their original budget request passed"?
Supervisor McCulloch: No. The Board looked at the Fire
Department budget particularly from the angle of whether or not the
department would be hurt if these three items were taken out and we
did not feel that we were hurting the efficiency of the department.
:Maybe we made a mistake . As you know, there are no provisions for
raising the budget after the hearing. It can only be reduced.
Mr. Mills : We would like it to be given consideration.
Supervisor McCulloch: I suppose if the Fire Department and
Defense Council get together and tell the Town Board that certain
things are absolutely necessary, they will be granted.
Mr. Brady: What are the total salary increases?
Supervisor McCulloch: About $700. We did away with a sewer
superintendent and reduced some of the staff in the Welfare Department.
Mr. John Koffman: What are the salaries of the councilmen?
Supervisor McCulloch: $1,200 per year.
Mr. Koffman: Why are they larger than Rye?
M
Supervisor McCulloch: The unincorporated section of the
Town is larger than any of the villages in the Town and there is
twice as much work to do here as there .
Mr. Koffman: How long have they been receiving it?
Supervisor McCulloch: Since the Town government was changed
in 1934.
Mr. Arthur Brown as a member of the Fire Department thanked
the Supervisor and Councilmen for anything that they could give the
Fire Department. He stated that they were giving their services free
and that they needed this equipment. He said that they felt that
the presentation this evening had been a very good one and would serve
a very useful purpose .
Mr. Brady: As far as the Fire Department is concerned, I
would be in favor of seeing them get whatever equipment they need
because most likely if we ever will need it, we need it now.
Mr. Byrneralso said that he favored it.
Mr. T. Roosevelt Allen: I am sure the Taxpayers' League
would second that.