HomeMy WebLinkAbout1932_07_20 Town Board Minutes9-.40 P. Y.
=TING OF THF TOWN BOARD
TOWY OF hfAYARONECK, N. Y.
held July 20th, 1932.
The meeting was called to order by Supervisor Burton at
Present: Supervisor Burton
Justices Boyd, Leeds,-Jiessersmith and Burbank
Deputy Town Clerk Jacobs
Absent: 'Town clerk lmarvin
The presence was also noted of Counselor Gamble.
Upon motion duly made and seconded the Board unanimously
resolved to dispense with the reading of the minutes of the meetings
not yet approved.
Upon recommendation of Counsel, upon motion by Justice
ifessersmith, seconded by Justice Boyd, it was upon roll call unanimously
R-TSOLVFD, 49RERFAS, the Receiver of Taxes has advised this
board that his records show that firs. Y. S. Webb as the
owner of Lots 16, 17, 26 and 27 in block 41, :section 79
paid School taxes for the year 1929 on September 259 1929 and
holds receipted bills therefor, and
WILT FAS, Lots 16 and 17 carried a tax of $148.66 and Lots
26 and 27 carried a tax of $21.86, and
WHFRFAS, after the payment of these taxes by the said Webb
Lots 16 and 17 were cleared and marked cancelled and paid
and through an error Lots 26 and 27 were not so cleared and
marked cancelled and paid but were left open upon the roll
and are still open,
TITTREFORE, BE IT RFSOLVFD, that the Receiver of faxes and
the Supervisor be and they hereby are authorized, empowered
and directed to correct the eruor now on thebooks of the
Receiver of Taxes and to mark the School `taxes for 1929 on
the premises known as Lots 26 and 27 Block4l, Section 7 paid
and cancelled as of September 252 1929, so that the same may be
shown as clear of said taxes.
FURTHER RFSOLVFD, that the Receiver of Taxes be and he hereby
is authorized, empowered and directed to issue any necessary
certificates of receipts in connection with the same.
The Clerk presented a letter from Counsel reporting on the
claim of Clara =Vllen nayser heretofore referred to him for recommendation
and advised the Board that the claim was proper and that the correctness
of same had been certified to by res. aulcahy of the Board of Assessors
and recommended the adoption of the following resolution.
WHFRFAS, Clara F'llen Kayser has presented a claim for a refund
of 1930 State, County and Town taxes in the amount of $57.10,
and
71=FAS, the tax bill was figured on an assessed valuation of
$10,800. amounting to g205.56, same having been paid on
April 20th, 1930, and
aJfIFREAS, an examination of tl t� tax roil discloses that the
property was assessed at $7800. and the tax figured on this
assessment would amount to $148.46, and.
914REAS, it. would appear that
improper and that the correct
of $148.46, and '
235
the tax bill was erroneous and
amount of taxes is the amount
WHTREAS, the claim was for the difference between these
two amounts, to wit: $57.10,
THTR7-?OR7, BF IT RESOLVED, that the claim of Clara Ellen
Kayser in the amount of $57.10r for a refund on the 1930
State, County and Town taxes be and the same hereby is
allowed without interest and the Supervisor authorized,
empowered and directed to. make payment of the same.
The foregoing resolution was put to a vote which resulted
as follows.-
Ayes:
ollows:
lyes: 5
Noes: none
The resolution was declared adopted.
The Clerk presented a letter from Henry R. Dillon, Receiver
of Taxes, requesting the Town Board to authorize him to waive the
penalty on an item of $197.50 which was erroneously omitted from bill
of Frank Y. Gagliardi on Section 1, Block 50, Lots 15 and 16. He
claimed that had For. Gagliardi received bill at the proper time, same
would have been paid.
After discussion, it was upon motion by Justice Hessersmith,
seconded by Justice Boyd, unanimously
RFSOLVTD, that the request of Henry R. Dillon, Receiver
of Taxes, requesting theTown Board to authorize him to waive penalty
on an item of $197.50, which was erroneously omitted from the bill
of Frank M. Gagliardi on Section, Block 50, Lots 15 and 169 be referred
back to the Receiver, as the Town Board is without jurisdiction, and
that the Receiver be governed by the Westchester County Tax Acta
Upon recommendation of Counselor Gamble,, Justice Messersmith
presented the following resoluticn:-
WHTRFAS, a claim in the amount of $165.42 has been presented
to the Town Board by Garden Properties, Inc., which arises
out of an action brought by Garden Properties, Inc., as
assignee for Bonded Capital Corporation against Paula Winkel
to foreclose a transfer of tax lien No. 167 sold May 27, 1931
on property known as Section 6, Block 66, Lot 41 which trans-
fer of tax lien is illegal in that the taxes on said property•
had been paid and said property was sold at said tax sale in
1931 through an error, and
WHTRFAS, the Receiver of Taxes reports that said taxes had
been paid by the said Paula Winkel and that the amount of
same as stated in said claim is correct, and
WHTRTAS, Section 49 of the Westchester County Tax Act provided
for the reimbursement for defective tax liens or transfer of
tax liens by the Supervisor,
THTRFFORF, BE IT RFSOLVvD, that the following items in the
aforesaid claim of Garden Properties, Inc. be allowed:
Principal amount of lien $84.11
Interest thereon 12.61
Foreclosure search 30.00
Service of summons and complaint 2.00
Filing lis pendens 1.70
Costs as allowed by Section 48 of
the Westchester County Tax Law 10.00
$140.42
237
FURTHER R:,SOLzAD, that the a.daitional costs set forth
in the said claim in the amount of "'.25. be disallowed.
FURTHER RESOLVED, that the Supervisor be and he hereby
is authorized, empowered and directed to make payment of
the aforesaid claim in the amount of x;.140.42 on the
advice of Counsel that the action heretofore instituted
has been discontinued and that the transfer of tax lien
has been surrendered to the Town.
A vote being taken upon the foregoing resolution resulted
as follows:
Ayes: 5
Noes; none
The chair declared the resolution adopted.
The clerk presented a letter dat d Juin 2th from J. Henry
Esser in re: Matter of Hirshstei°�i§p�nr°�edlsordered
placed on file.
Justice Leeds presented the following resolution which was
seconded by Justice Burbank on advice and recommendation of Town
Counsel:
WHEREAS Bonded Municipal Corporation have presented a claim
in the amount of t 347.91 representing moneys paid to the Town of
Mamaroneck in connection with the purchase of tax lien No. 268, Lot
1B, Block 39, Section 4, sold at the tax lien sale of 1932, and
WHEREAS the Receiver of Taxes reports that the tax was paid
on March 11, 1932, and said tax liens sold through error and that the
amount of the claim is just and proper, and
allowed,
WHEREAS the Receiver of Taxes -recommends that the claim be
THEREFORE, 31 IT RESOLVED, that the above claim of
Bonded Municipal Corporation in the amount of x:347.91
be and the same hereby is allowed and the Supervisor autho-
rized and directed to make payment of same upon receipt of
the aforesaid tax lied duly assigned to the Town;
FURTHER RESOLVED, that the Receiver of Taxes be and he
hereby is authorized, empowered and directed to cancel
said tax lien on his books of record anu to make such
other notations thereon as may be necessary, including
the payment of said tax.
A vote being taken upon the foregoing resolution resulted
as follows:
Ayes: 5
Noes: none
The chair declared the resolution adopted.
The following resolution was offered by Justice Leeds and
seconded by Justice Boyd on advice and recommendation of Town Counsel:
WHEREAS Bonded isiunicipal Corporation have presented a claim
in the amount of 155.13 representing moneys paid to the Town of Mamaro-
neck in connection with the purchase of tax lien 307, Lots 14, 15 and
16 Block 64, Section 6, sold at the tax lien sale of 1932, and
WHEREAS the Recaiver of Taxes reports that the tax was paid
on May 25, 1932, the date of sale, and said tax liens sold through error
and that the amount of the claim is just and proper, and
WHEREAS the Receiver of Taxes recommends that the claim be
allowed,
9
THEREFORE HE IT RESO1,1712, that the above claim of
Bonded Municipal Corporation in the amount of 055.13
be and the same hereby is allowed and the Supervisor
authorized and directed to make payment of same upon
receipt of the aforesaid tax lien duly assigned to the
Town:
FURTHER R7SCL77D, that the Receiver of Taxes be and he
hereby is authorized, empowered and directed to cancel
said tax lien on his books of record and to make such
other notations thereon as may be necessary, including
the payment of said tax.
A vote being taken upon the foregoing resolution resulted
i as follows:
Ayes: 5
Noes: None
The Chair declared the resolution adopted.
The following resolution was presented by Justice Leeds
and seconded by Justice Boyd on recommendation of Town Counsel:
WHEREAS H. P. Pope has,presented a claim in the amount
of 126.26, which claim sets forth that in April 1532 he pail taxes
on the following property, to wit, Section 6, Block 36, Lots 15a,
16a, 17a and 18a, which he owns, and erroneously paid the taxes on
Lots 15b, 16b, 17b and 18b, which he does not own, and
1eHu 9AS, the amount of the claim represents the tax er-
roneously paid, and
T'yj= L1AS, the Receiver of Taxes has certified that said
claim is correct and has recommended payment of same,
as follows:
THERF'^n 7, kr 1T a790017 -D, that the claim of H. P. Pope
in the amount of 226.26 be and the same hereby is ap-
proved and the Supervisor authorized and directed to
make payment of said claim upon receipt from the said
Pope of the receipted Tax bill heretofore delivered to
the said Pope;
FURTHER MOL77D, that the Receiver of Taxes be and he
hereby is authorized, eu.powered and directed to amend
his books of record so as to cancel the payment of the
taxes erroneously paid by the said Pope an the amount of
426.26 so that said taxes may be shown as due and owing
and to issue a new and corrected tax bill to the said
Pope showing payment of the taxes paid by the said Pope,
exclusive of those lots covered by said claim:
A vote oeino taken upon the foregoing resolution resulted
Ayes: 5
Noes: None
The chair declared the resolution adopted.
Upon recommendation and advice of Counsel, the following
resolution was presented by Justice Leeds and seconded by Justice Boyd:
WHEREAS, a petition has been presented to this Board by the
owners of the property known and designated on the assessment map of
the Town of lamaroneck as lot 34, Block 44, Section
I('eithisoard Lot to20, ccel
Block 306 on the Woods of Larchmont map)
taxes heretofore levied and assessed against said Lot for the years 1511
to 1916 inclusive, now open against saad property on toe °rounds that
said taxes constituted a,d.ouble and erroneaus assessment, and
HERSAS, the old boundary line betveen the City of New
Rochelle and the Town of Mamaroneck as shown on the `goods of Laronsont
map passed through saia Lot 20, and
WHEREAS, previous to 1927 said Lot was assessed in its,
entirety on the assessment rolls of the City of New Rochelle and the
taxes paid thereon, and
WHEREAS, the assessment map of the Town of Mamaroneck prepared
in the years 1915 and 1916 una;r the provisions of the hestchester
County Tax Act show saia Lot No. 20 as being wholly within the City of
-- New Rochelle as stated in the petition and said lot wasnot thereafter
assessed as in the Town of Mamaroneck until the year 1927 when the new
boundary line between the Town and the City of New Rochelle was fixed
by the Board of Supervisors of Vestchester County, which definitely
fixed said Lot 20 within the Town of Mamaroneck, and
1HEREK, the Board of Assessors have considered said petition
and behave the Woods of Larchmont map was erroneous in locating said
Lot in the Town of Mamaroneck for said years 1911 to 1916, basing said
opinion upon the official assessment may of the Town of Mamaroneck pre-
pared as hereinabove stated in 1916,
follows:
NCW, TH`1R7FOR7, B' IT =CL7D, that the aforesaid petition
be granted and that the Supervisor, Receiver of Taxes and
Board of Assessors be ana they hereby are authorized, empowered
ana directed to cancel on their books of record the following
taxes now open on Lot 34, Block 44, Semt1On 1, sale of 1912
for 1911 taxes, 18.26; sale of 1913 for 1912 taxes, 28.44;
sale of 1014 for 1913 taxes, X8.20, sale of 1916 for 1914 and
1915 taxes, X11.40; sale of 1917 for 1916 taxes :9.58, inclu-
ding the penalties ana interest which may have accrued thereon,
and to issue such certificate or certificates as may be ne-
cessary to cancel said taxes in the County Trdasurer or County
Clerk's offices and to take such other action as may be
necessary.
The foregoing resolution was put to a vote which resulted as
Ayes: 5
Noes: None
The chair declared the resolution adopted.
Upon recommennation and advice of Counsel, the following re-
solution was presented by Justice Burbank and seconded by Justice
siessersmith:
WHEREAS, Harvey Conover, Jr., the owner of Lots 15b and 16a,
Block 14, Section 7 on the Assessment Yap of the Town of Eamaroneck Chtas
presented a etition to,thiroBerta atnthi- Kl ft@hatothelflatdanountyoine
1931 School taxes cn ald C�
taxes, to wit, 2`126.65, and trit penalties and. interest thereon "ae
cancelled, and
WHEREAS, an examination of the facts in this case discloses
that on September 15, 1931, said Conover mailed a check to the Receiver
of Taxes in the amount of t126.65, which checn dr. Conover learned or,
January 19, 1932, was never received by the Receiver of Taxes or presented
at the bank for collection, and
1tlIREAS, on said January 19, 1932, said Conover itiailed a new
check to the Receiver of Taxes for 1126.65, which the Receiver of Taxes
ies at the rate of 71 had accrued on said
was enable to accept as penalt
taxes, and
WH7REAS, after correspondence between the said Conover and
the Receiver of Taxas the matter was referred to this Board, and
X43
WHEREAS, in the opinion of this Board the Receiver of Taxes
was correct and could not accept said check when tendered in January
1932, this Board can not cancel the penalties which have accrued since
October 1031 but believes that it is equitable and proper that the
taxes which have accrued since the second tender made by Mr. Conover in
January 1532 should be cancelled provided said taxes are paid at this
time, together with a penalty of 7% which had attached thereto as of
January 1932,
1WREFORE, BE IT RESOLVED, that the Receiver of Taxes be
and he hereby is authorized and empowered to accept from
Harvey Conover, Jr. on account of 1931 School taxes on
Lot 15b and Lot 16a Block 14, Section 7, the flat amount
of the taxes, to wit, x:126.65 plus penalties at the rate
of 7%, amounting to ,18.87, a total of 1135.52.
FURTHER RESCUrE'D, that the Supervisor and the Receiver of
Taxis be and they hereby are authorized, empowered and
directed to cancel the 1932 sale of the aforesaid .property
for taxes and to obtain from the purchaser thereof an as-
signment and cancellation of said purchaser upon reimburse-
ment of the amount paid by said purchaser for said 1932 tax.
lien so that said property may be shown on the tax records
free and clear of 1931 School taxes.
The Clerk presented a letter gated July 12th from the Larch-
mont Organization on Unemployment Relief submitting a report of receipts
and disbursements from November 15th, 1931 to July let, 1932.
The letter was ordered received and placed on file and the
Clerk ordered to acknowledge saltie commending the Organization for their
fine work and thanxning them for the assistance they have given the Town
at large.
The .re*.port of the Supervisor's office
for the six months ended
June 30, 1932 was orderea retie -ivied
spread upon
the minutes and
placed on
_.__ file.
TOWN
OF HA ARONE K
GENERAL FUND
STATEMENT OF ESTIMATED RE77NUES
09D RECEIPTS
FOR THE SIX JONTHS ENDED JUNE
30TH, 1932.
R'«NUS`S
E°STIEAT'-'D
RWEI77D
BALANCE
1932 Tax Levy, State, County,
Town and District',
823,498.63
585,005.61
y; 238,493.02
Earnings - General Town
TowA Clerk
Interest & Penalties
200.00
40;000.00
14,957.46
200.00
25,042.54
Interest on Bank Deposits
2,500.00
192.94
2,307.06
Justices Fines
2,000.00
815.00
1,685.00
Justices Fees
1,000.00
1,019.30
19.30#
Income Tax
40,000.00
40,664.80
Miscellaneous
654.84
',
Earnings - Outside _of ZTi11ales
Bank Tax
1,500.00
543.09
956.91
Dog Tax
700.00
839.94
139.944 -
Fees - Building Commission
2,000.00
419.83
1,580.17
Franchise
600.00
331.06
268.94
Mercantile Tax
1,500.00
1,500.00
Mtge. Tax
10,000.00
485.90
10,000.00
314.10
Town Clerk's fees
800.00
Transfer, Fire. District (Contra)
1,864.00
1,664.00
Other Available Funds
36,000.00
36,000.00
later Revenues
69,025.00
10,000.00
591025.00
Q1,033,187.63
Q52 619.97
X380,567.66
Surplus
2405
Dated July 7th, 1932 Supervisor
TOtrVN OF I,,r_A� ARON7=
G7 -sRAL FUND
STA^17_ jTIIT OF
=GET T APPRC?RIATICNS AND --1:P7--ITLFM
FOR TH71
SIX MIONTHS ENrED
3L1,17:30TH 1932
G'=NER4L TOWN
BUDGET
AMOUNT
Abi0ITYT
APPROPRIATION EXPENDL'D
ASzAILABIZ
Printing and Publishing
1,050.00°
718.77:
331.23
_
Dept. of Elections
4,992.00
778.14
4,213.86
Contributions and Donations
200.00
200.00
000.00
Dept. of Pdice Magistrates
3,150.00
524.15
2,625.65
Debt Service, Redemptior_ of
bonds 4,928.94
2,928.94
2,000.00
Debt Service, Interest cn bonds
3,764.48
1,669.74
2,094.74
Town office
5,120.00
2,523.25
2,596.75
Town Hall
1,895.00
904.97
990.03
Dept. of Supervisor
19,180.00
8,630.48
10,549.52
Dept. of Town Clerk
6,760.00
3,176.49
3,563.51
Dept. of Justices of Peace
16,310.00
6,708,46
9,601.54
Dept. of Receiver of Taxes
8,275.00
4,060.19
4,214.81
Dept. of Assessors
10,905.00
5,297.?0
5,607.30
Dept. of Public Welfare
25,050.00
16,361.74
8,668.26
Dept. of Auditors
1,650.00
749088
900.12;
Dept. of Law
8,000.00
2,135.37
5,864.63
Highway
11,500.00
11500.00
10,000.00
Dept. of -Miscella.neous Expenses 11535.00
452.12
1,082.88
L134,265.42
$59,340.39
X74,925.03
.Outside of Irilla�.es
Dept. of Printing and Publishing 150.00
150.00
Contributions and Donations
5,880.00
594.99
5,285.01
- Dept. of Health
2,000.00
2,000.00
Building Commission
5,210.00
2,084.46
2,825.54
Board of Appeals
1,075.00
256.92
818.08
-- Highway Dept.
37,500.00
25,000.00
12,500.00
Debt Service, Redeription of
bonds25,000.00
11,000.00
14,000.00
Debt Service, Interest on bonds 28,944.50
141551.50
14,353.00
Street Lights
20,000.00
7,049.43
12,950.57
125,759.50,:
60,877.30
64,682.20
Fire District #1
38,652.50
12,693.38
25,959.12
Park District +1
39,298.00
22,569.49
16,728.51
Garbage District #1
15,950.00
7,974.96
7,975.84
Water District
72,194.25
28,676.50
43,517.75
Garbage District #2
1,400.00
699.96
700.04
Fire District. #2
2,224.00
1,864.00
360.00
Sewer District #1
130,816.25
92,150.05
38,666.20
Police Dept.
68,720.00
32,000.00
36,720.00
State and County Taxes
403,907.71
150,000.00
253,907.71
Total Disbursements
1,033,187.63
; 468,646.03
x,,564,341.60
Respectfully submitted,
Geo. i. Burton
Dated July 7th, 1932 Supervisor
The Clerk presented a letter together with a questionaire
from the New York State Pension Commission requesting information
regarding pension provisions for employees of the Town.
Upon motion by Justice Mussersmith, seconaed by Justice Boyd
the letter and questionaire were referred to Supervisor and Counsel.
Justice Burbank reported on the claim of George McClelland
for liability insurance on fire trucks of weaver St. Fire Dept. in the
amount of 101,584.30 which had been previously referred to him. He rec-
comrnended payment of this claim.
Upon motion by Justice Burbank, seconded by Justice Messersmith,
--- it was upon roll call unanimously
RESOLVED that the claim of George McClelland for liability
insurance on fire trucks of Weaver St. Fire Dept. in the
amount,of x.1,584.30 be and the same hereby is ordered paid
and the Supervisor is hereby authorized to sign check for
s arae .
On advice and recommendation of Town Counsel, Justice Leeds
presented the following resolution which was seconded by Justice Burbank,
and upon roll call unanimously approved, to writ:
FERE a$, Fenimore Cooper Estates, Inc. have heretofore
returned to the Receiver of Taxes certain tax bills which were claimed
to be incorrect and that the property hereinafter described was assessed
for sewer taxes, which property wKs claimed not to be within the
bounaary lines of Sewer District No.. 1 of the Town of hamaroneck, and
THEREAS, the Board of Sewer'Corunissioners after an examination
of the lots covered by saiu tax bills have reported that the lots
hereinafter aescriued are not within the boundary lines of Sewer District
No. 1 of the Town of Mamaroneck ane should not have been char6wd with a
-- sewer tax,
THEREFCR„ BE 1T RESCiVVI), that the Supervisor, the Receiver
of Taxes and Board of Assessors be and they hereby are
authorized, empowered ana directed to correct the assessment
roll, tax bilis anu other books of record in their respective
offices and to cancel the sewer tax heretofore shown on said
books of renord and/or bills against the following lots: Lot
Nos. 44c, 45b, 46b, 47, 60, 61, 62, 63, 64, 65b, Plot 4A, all
in Block S, Section 2. Lot Nos. 30, 32 and 41b in Block 15b,
Section 3;
FURTHER RESCLI1;D, that the Receiver of Taxes be and he hereby
is authorized, empowered and directed to prepare new tax
bills showing the sewer tax eliminated and to forward the
same to Fenimore Cooper =states, Inc. and to advise said
Fenimore Cooper Estates, Inc. that he is authorized to accept
payment of said tax bills without penalty; provided they are
paid during the month of July, 1532;
FURTHER RESOLVED, that said Receiver of Taxes be and he
hereby is authorized, empowered ana directed to accept payment
of said tax bills on the aforesaid lots if paid auring the
month of July, without penalty.
Upon motion duly made and seconded. the Board unanimously resolved
to adjourn at 10:40 P. M.
Deput To Al