HomeMy WebLinkAbout1933_01_18 Town Board Minutes 47
H77TTNG OF THP TONY NO 370
T70Y OF HATARQY7CK, & Y�
heV January !8th ,1933
The msetina was called to order. by Supervisor Burton
P t 9 13 0 P. M!
Present ! Sure rviessr Burton
Justices Boyd , Leads , des. erswith and Burbank
Torn Clerk Marvin
The uresence -as also note" of Counselor Rel-ch A. Gambles
Counsel advised the hnfrd that there had heretofore been
referred to him the C121M Of the Bonded Municipal Oorporation for
$677. 58, which elgim -as mpda in 2ccn7" =nce with upopgregh 49 of the
Westchester County Tex Act, and stated thFt the facts in connection
-ith seii cipim ere as follows : The Bonded Municival CornnvQ' on
at the Tex Sala held May 25 , 032 , ru-ch-w& P tox lign on mrove-ty
essessK Q jarnes 4m Murphy, and kno-m as Lot Yo . 37 , Blodk 65,
Section 6 , said tax lien being in the amount of 1630. 31. It n c-,o-
appears that in making out the original bills for Stnte , County end
School +r es for the year lQ71 , an error "99 made in the TaT Uffire ',
PnO that an the Jpmps A. Murohv bill th, correct . Section, Block add
Lot number -ss used but erroneou-1v an anqe,F& valuation of $12 , 00W
7as used instead of the correct assessed va-,�'_u ticn of the 1�1u�hy
n-rojenty, to -it, $38.500. -hich error apparently occurred by copying
the assessed value of th Ur Freel on the line Pbcve the Murphy vpTcel
on t0 Tex Roll, 7tich property is assessed to the Ho-ell Realty
Co. Mr. Murphy -Ps , thqre-07e , bills! an the begin nf the incorrect
assessment for 1931, State , County, To' n and District taxes in the
.9
amount of $550, and for school taxes . both of which bills
he maid end holds receinted bills therefor®
The payments Made by Yr, Murphy Tars likeorise incorrectly
credited on saiO Tax Roll to the Ha7eil Realty Co. the o7ner of Lo*
Fo 36B immediately above the Murphy p-. Tel an the tax Rol? cod said
lot erroneously marked paij , no credit being given to Ur� Tu7rhy, so
that nil tames on the Murphy pprcel on the 1971 TF7 ROD 7ere shown
as unrai? and open an? a ta
u x lien on the pprcel, thsrElre , -as sold
at the 1932 sale at the correct assessed valuation and ?mount of tames
then due and o-ing,FF set forth in the aforesaid cl- im, to -it ; 1630. 318
Counsel further stated that her unSerFtooi the _ 15-r, Nur,--hy is
ready upon neceint of a 'Draper bill, to nay the correct vn=t of
taxes lue on sF ' " In' "- 71 based on t i correct v-lurtion of 838,500,
001 790
to wit , StTte . Coon y shlowds IMMISAX8011Q . provided
the two tax bills of 855.09 and $119. 20 heretofore paid byOU Hurphy
be either credited to him on the above upyment or are refunded to him
by the Supervisor, F-5 thFt he feels that inasmuch Ps the error occurred
in the Tax Office end that he mr6e payment of the bill submitted to him,
that be should not be ch?rgeO with the accruing penalties.
Pounsel advised that it will be further necessary for the
Board to direct the Receiver of Taxes to cancel the payments made by
Mr. Murphy end heretofore erroneously credites to the Ho-ell 'fealty
Co. lot Yo. 36B, Block No. 65 , Section 6 , so that said lot will she--,
said 1931 taxes oven and unpaid.
On the above statement of facts the lien heretofore sold to
the Bonll,.& Hunicipal Corporation should be ^eessigned- to the To-m anrl,.
the c Tim_ of th= Bonded 1'unicipal Co^porst on in the Pmoynt of J577, 5&
being the amount of the lien plus the interest ?- hi.ch has accrued thereon
as provided. by 17"-, should be approved and paid .
Counsel stated that the Receiver of Taxes recommended the
above action
On motion duly seconded, it was
RF'SOLVF'D, that the Receiver of Taxes be , and he hereby
is authorized; empowered and di ecte? to correct the 1931
Ta.x -all so as to correct the error therein as set forth
by Counsel on folir7s ; That he prayer; a y7oper bill for
1931 taxes . covering Lot Yo. 7 Block Yof 65 , Section 6g
assessed to James A. Murphy at the correct assessed
valuation of ''.38, 5008 in the amount cf .$179.66 for
States County , Tors and District taxes= and Q03828W for
school taxes, and that upon receipt of funds covering said
taxes that he credit the same to the sail lot, so that
the taxes on the sail roTce'1 for the year 1931, will be paid
and cancelled.
FURTH R R7SOLVE'D, that the Receiver of Taxes be , and he
hereby is authorized, emp^ , ere? and directed upon receipt
of the said 1931 taxes from the saiC Murphy , to correct
the payment heretofore m-4 e by him an^ erron=ously
credited to the Ho sl_l Welty Co. on Lom Yo, 36Bt
Block Yo, 65,, Section 6, for 1931 taxes , so that the
tares of said Lot for the said year 1931, kill be
sho:n an unpaid and open
FURTHT'R R7SOL7ED, th t the Supervisor and Receiver of
Taxes be and they hereby are instructed and directed
to include in the 1933 Tax Sale? under the provision-
of the Westchg=te.r County Tax Act the aforesaid 1931
unpaid taxes on Lot 36B, Block 65 , Section 6, assessed
to Ho—ell Reelty Co.
FURTH7R RE'SOL"T^D, that the claim of the Bonded Municipal
Corporation in the amount of $677 ..58 on a tax li ='n -our-
chased on Lo' 3" ;lock 65 , Section 6 on property of
James A. Murphy, which `,-'on purch?Sed at the tax sale on
Mev 251 19!29 be a _pro-reC proviten the 19;1 Ta7eS on said-
parcel ere peid by the said Jones K Murphy as herein
provide^ end that the .`supervisor be and he hereby is ,
authorized and directed to make payment of Said claim
upon receiving an assignment of Said tax lien erroneously
soil�
FURTH±'R ZTSOLVTD, that upon receipt of a claim in proper
form from Saxes A. Murphy for the emo,nt of 1951 Stnte,
County To:i?n and District tares i,� y' �. him but erren®
ecusly crVi ted to Horell Realty C^e , in the amount of
$55-99 and 1931 school taxes in the amount of .0x119.20,
the Supervisor be and he hereby is authcrized , empodered
and Qrected, to make pa7ment of said 07im which is ''..
hereby approved in said amounts.
FURTHTR R7SOL1771nP that the Supervisor, Receiver of Taxes
and Counsel be and they are hereby authorized and empo7erect
to take such action as may be necessary or in their judgment
advisable to carry this resolution into full force an! effect.
A communication dated January 16th, 1933 wes received
from Henry R. Dillon, Receiver of Taxes, concerning the 1931 School
Taxes on Section 9 , Block 14, Lots 18-19-20 , assessed to Mrs. Angelina
Perrone and othyrs. He stated that in his opinions supported by
certain pacts on hand , Mrs® P er rone had paid this
tax but owing to
certain note of Santo I+-in^:p - fo-mer Receiver of TaxeS., he was unable
to deliver a proper receipt. He recommended that he be authorized to
issue such a receipt to Mrs. Perrone.
Upon motion by Justice Boyd, seconded by Justice Leeds „
upon roll call it was unanimously
R7SCLV7D, that in accordance with the recuest of the
Receiver of Taxes , as embodied in a communication
dated January 16th, 1933 , the Receiver of Taxes be
and hs hereby is au thor:ized- , empo--'ered and directed
to issue a proper receipt to Urs, Angelina Perrone
covering 1931 School Taxes on Section 9 , Block 144
Lots 18-19-2%
A communication dated. October 24th4 1932 which ha? been
ordered lai(', over by the Board at a previous meeting 79s received
from Henry RP Dillon, Recei_;*er of Taxes , together with a claim in the
amount of 78, 'pl for a refund of taxes erroneously paid by Blanche
® Jennings®
Upon motion by Justice Leeds , seconded by Justice Messer-
smith, it was upon roll call unanimo"sly
R7SOLVFD, that on the recommendation of _the Receiver of
Trues the clsim of Blanche re Jennings in the amount of
8"8R 27. , as above described , be and it hereby is approved
and ordered paid.
A letter dated Knuary 18th was received from Henry R.
Dillon, Receiver of Taxes, together with ^.' claim in the amount of
°49890 from Posner & ,Posner, attorneys of Vernon., in regard to the
1931 School tax on Lots 54-55, Block 33 Section 4, which had been
improperly billed. The Receiver recommended _payment of the claim.
Upon motion by Justice Burbank, seconded by Justice Leeds ,
it ryas ?soon roll cal'! unanimously
RFSOLVFD, on the recommendation of the Receiver of
Taxes that the above described claim of Posner and
Posner in the amount of :^A9. "O be and it hereby is
approved pad ordered paid -
The Clerk advise? th, Bo rd th_-.t he had been serve? _4 th,
Summons and Complaint in the follo° 'nc Fettons for foreclosure of
tax lions , viz .
i
Garden Pro -_.ties Inc. vs® Yath n'_e1 K Baker , Srmy et. aE
It it tl1 IT Bassi Freres Realty Co. , Inc. , et, a1®
it u tI It Croce Accursca etR al,
If H k I ° B'• ^nche Ner^nberg ,, et, al,�
i4 Gr rt et Joseph Collins , "Mary" Collins ,, his,
_fet Marry R. Goodliffe and the
To-;n of Mamaroneck
Henry J. Dietz, Tar_^ Dietz , his —iM
John Dietz, Town of Vamsroneck5,
Petro. Sales Ltd Frost mortgage
Guaranty & Title 'Comnpry7 Pe C•lJ-lF of the
State of 2,e- Yo7k and Torn of parr^neck
" 1° Petrol Sales Ltd. , Manhattan Savings
Institution, Peor e of the State of Xe7
Fork and Ton of Uareroneck.
These matters were by resolution unarimorsly referred to
Counsel..
b
3
A communic=ti_on dated. December 30th was received from the 1277,
office of Henry & Barrett of White Plains , regarding nossible exemption
of Was on the Weaver Street Sunday School and Chapel property. The
matter was ordered referred. t; Counsel.
An appeal dated December 24th to the Town Bo �rrl from the
Board. of Appeals of the To-n of I', amaroneck nos received from James J.
McCann regarding property on the south side of Hillside Road about
400 feet from Chatsworth ',venue , The matter eras unanimously referred.
to Counsel
The report of the Ta-n Clerk for the year 1932 -as received
and ordered placed on file.
The report of the TT-;n Clerk for the month of December, 193=
-as received and ordered O aced on file .
The annual report of the Police Pension Fund sho-;.ring the
condition as of Janur -y 1, 1933 , 'lax receive? from R. K. Allerton,
Treasurer, and ordered placed on file .
A letter dated December 28th, 1932 was received. from Charles
Edward Long; attorney of White Plains in regard to an accompanying pe-
tition by his client, Mr. John OtSu1?ivan. The petition requested
reinstatement as a police officer of the To--m of Mamgroneck. A letter
from kill'. Long, dated January 5t',!7 , in the same connection, was also
received.
The petition was ordered referred to the Police Commission
and the C' =rk ryas directed to so notify Yr. Long and V inform him that
the Ton Board took the po-iti.on that it had: no jurisdiction in the
matter an& desired the matter to be handled by the Police Commission
exclusively.
A claim of Gloria. Rudy of Lorchmont in the amount of 150000.00
for alleged damages to her person as a result of an accident in the
school yard of the Murray Avenue School and a claim in the amount of
$5 , 000.00 by Charles Rudy of &rchmont, father of Gloria Rudy, for al-
leged loss of services , etc. , were received ana ordered referred. to
Counsel.
A letter dated January 13th, 1933 eras received from A. H,
Steven°,. of Clinton, Conn. submitting his resignation as a member of
the Board of Park Commissioners of Park District No . 1 of the To?-rn of
Y=ronsck.
Upon motion, duly made and seconded it „-pas unanimously
R±SOLVED , t.'n:ot the resignation of Mr. A, H. Stevens
as a member of the Board of Park Commissioners of
Park District No, 1, of the Torrn of iam_.roneck, be
and it hereby is accepted pith regret ° arff be it
furth° r
RESCLV7D, that Yrr. Stevens be heartily commended for
his untiring public services on behalf of the Town,
the results of ,which are so beautifully evident at the
Park at the Larc'hmcnt Station, an' elsewhere throughout
the term ° and be it further
RESOLV1)D that P copy of this resolution be sent to
Mr. Stevens.
In voting on this resolution Justice Yessersmith stated that
he desired to express on behalf of the Larchmont GaVen Club , the re-
poets of that club at Yr, Stevens ' decision to resign and the appre-
ciation of the club for the mvny and invaluable services he has
rendered our community,
It
0
Counselor Gamble alvice? the Boar^ that at its meeting on
December 7th it had referred to him a. recuest of the Bounty Attorney
for cancellation of taxes on property owned by the Westchester County
Park Commission® He stated that he had investigated the matter and
reported favorably on the claim of the County , and submitted the
follo7ing resolution thereon which eras moved by the Clerk, seconded
by Justice Burbank, and uron roll call unanimously approve? as follo '<sm
WH7R7AS; the Westchester County Park Commission hereto-
fore and on February 11, 1927_, ecpuired in the name of
the County of Westchester Vo parcels of land in the
Saxon. Woorls Park which are known on the assessment mw
of the Tonn of Mamaroneck as Section z3_, Block 6-a and
Section 3, Block 16a ; and
'dH RT S; there are open and un1 id taxes on evil Lots
as follows : Section 8, Block 6a 1928 State , County,
To:,n and School taxes in the amount o_A552®2O, Section
3 Block 16a 1928 State , County, To:m an! School taxes,
in the amount of 8177661, ^n,:
TdH R7AS, pursuant to lazy said parcels are en ,itled to
exemotion from and after February 11, 1027 „ wn said
lots are therefore no` subject to taxation, and-
7N^R1=AS; the County of Westchester has reQuested that
sail taxes be cancelled any. pre entitled to have the
same cancelled under the la-,,,
YO;'J, T47PPFORF, B7 IT R77SOL77-D, that the Sup rvisot, the
Reci.ver of Taxes =nd the Board of Asses-ors be any' they
hereby arc authorized, empc rer.ed and rii„e.Ved to exempt
on the assessment rolls of the To;^n of Mamaroneck the
said "_Cancel s so acquired and now 0 7pled by the County , to
sprits Section 8, Block 6a and Section 3, Block 16=.
PUPTH7R P !S0LV7D, that the Supervisor anf the Receiver of
Taxes be grid they hereby are authorized and- directed- V
cancel on their books of record 1928 State ,. County aN
School, taxes noa open on said books of record as fKlo?ns „
Section 8, Block 6a in the om=t of ;552 '1O
Section 3 , Elect 16a in the amount of ;171%, 61°
FU?T 7R VS'7L717D, that the Receiver of Taxes be anc he
3..s hereby authorizedi empowered and directed to execute
any certificates or owner documents in connection with
the cancellation of sail Lots and/o_^ to file such certi-
ficates of cancellation in such offices as he may deem
necessary.
A letter dated 4nuary , 19'3 adtistng the Tc7n Bo.-rd, that
it hod a-,onninte N_ Kr,. Joseph H, Co-ham as Inspect0r of Bui >in,' s of the
To-•n of Mamaroneck for the year 1933 „ and requesting the approval of
ii�pts action received receive from the Building Commission of the To-n of
1ViaMa'_'DIIeCas'..
On motion by the Clerk, seconded by Justice Leels , it was
soon roll call unanimously
R7SOL77D, t; of the action of the Builf "n'_' Commission
of h Tan of 7r'^neck in appointing Yr. Joseph
& Co*°wham as Inspector of the B ?ilaings fo- the T^--m
of ;pia pron=e' _ f`,,_ the yeor 103 , be and it hereby is
re of ied and confirmed.
The ennu,l revert of the Builling Commission of the To-n
of j al nr i for the s er 1932 .,'3s received and ordered placed on file,
57
A letter doted KnArry 9 , 1933 from Major Fr,nklin Brooks
of Lar0mont to A,, R. K. Allerton of Larchmont in re7?z? to the
memorandum c:ncerninz tva - 1933 Bulge , 7tich Major Brooks and HY, Aller-
ton, together with several other persons , had submitted to the To7n
Board Tas presented to the Board at the request of Hejor Brooks and
order;? -received and placed on file.
A letter from Mamaroneck Post Noe 1156 , Veterans of Foragn
_- Worz , Rated Jenuer7 12th, renuesting pp7ment of rent for Post ovprvers
to received and or!med placed on file .
A letter dated January 7th. from Lprehmont Post Fo. 3M
American Legion, waiving its right to an Pjprcpr7 ' 0n for rent of
no-t -u-N 7_ , was received and ordered • iaced on file®
A letter Rated January 7th, from Helen Reid Smith (Mrs. Frede-
rick G. Smith) of Larchmont, urging that Mr. John J. Bloomer be retained
as Town Public Welfare Officer -as received nrf ordered aloced on file .
A letter dated January l6th, was race ' vem from the Larchmont
League of Women Voters , together with copies of two resolutions passed
by the League at its meeting in January l6th, disapproving of the 1933
Budget of the To-n.,
A letter Qted January 17th, from Miss 7Mijv 7. Lindsley of
Nrchmont, commending tte Board for the 1933 Budget was ordered received
and placed on file and acknowledged Birth tharkF�.
The Supervisor advised the Board that pending the receipt of
the 190 St2ts , County Pr? To-n taxes it would be necessary to borro-
in articimption of these tpxes to most the running expenses of tho
To-n: end he recommended the issuance of Tax Anticipation Certificates
in the amount of
The following resolution ear offered by Jugtice Leeds and
seconded by Justice Boyd , to wit -
WH7R7AS, the annual budget for tho current fiscal ynFr
beginning Drunov 1, 1933 of the Town of Mamaroneck
heretofore hot been duly adcyted , and the tote! amount
of taxes of said Torn levied for said fiscal year, is
1417,262� 88, and the total amount of such taxes not yet
collected and received by said To7n is not less than
$417,262� 88o and it Is necessary to borr07 in the year
1933 , the sum of $100,000.00 in anticipation of the
collection of such taxes for the nurnose of meting Pay-
ment7 that may be 1?-fullv made from the proceeds of
such 07eq °
RTSCIVTD» that there shzll be issued Tax Anticipation
Certificates of Indebtedness of the To7n of M-mironeck
in t ownregate ?m '.n'', of Ono Hunlr& Thousand Do!!-7s
(000 ,00. 0o) , noted Ps of such date Ps the 9uner7jwor
sholl Jeternine , mFtu7ing not more then sixteen (161
months from the Note of such Certificates of Indebtedness ,
bearing interest at a rate not e7ceedin7 six (6) per
oFntum per annum., payable in such manner Fs the Superviso-
P4711 determine , and spiP Certificates of In3ebtKnoss
she!! be of such number P-d. denomination Ps the Supervisor
shFll determine,
FURT7TR =0170D, th?t said Certificates of Indebtedness
shall be sfZned by the Supervicnr Fn! senl& - th the
corn-rote cap! of said To wn,' cnuntera�.7ne? by the To--.o
Clerk, an? that both orinciral and interest of said
Certificates of Infebtelnegs shall be payable in lawful
money of the United States of America , at the
Bankers Trust Company, 16 7F12 Rt, o N. Z o
No York, in Ys- York emchange,
FURTH7R =0177D, that sod? Certificates of Injebt-
edness she!l be issued in substantially the folio-ing
form, to wit .
111=7D STAT79S OF 17RICA
STAT7 OF M YORK
CVYTY OF W7STCH7ST7R
T(771T OF MAIT4RO17CK
TAIT AYTICITATICY C7RTIFICATFS OF IYD7TT7DY7SS
Series, . . . . . .
The T07Y OF MAMR077CK, in the County of Westchester, a
municipal corporation of Ve State of It Yorl; hereby echno7ledges
iiself indebted ?nV for folue received promises to y7n to the bearer
of thin Certificateo an the W9PEWEa4day of
the sum of
7ith interest thereon from the Pote hereof at the rate of
ne- cEntum, Both principal and interest of thic Certificlat
ire o?v?ble at
in gold coin of the Unite& St-teq of 'me ric- , of or an to M
aresent standard of -eight and fineness , or its eauivalent in in-ful
mcnsy,
This Ce"tifimmte is nu-� purnunnt tv t1ow pooviVons of the
To7n !P7 con2titutins Chapter Van" the General Hunictogi Law const-
itutins Ch,;ter ?4 of tM7 C-nocIP'ee Lwn c=n the St-te of Ne- yn"I-c
so nmenAss onj pursuant to a resolution duly oesged end adopted by the
To• n Bc7i' of the To7n of Yom?ronock in anticipation of the collection
of tpzes for the current year not yet collected and received by said
TD-ma
Me Certiflorate of Infebtedness may be regiTtered in
accordance -Ith the provisions endorsed hereon®
it is hprebv certified and recited that all conditions9
acts end things required by the Constitution and Statutes of the State
of We- York to e-ist, to hove hnrren-d one to be porfrrme! precalent
to and in the issuance of thin Certifirphe e7ist, h-ve happened end
h-ve been vwform-d , and th? t the issue of certificates of 7hich thi -
' -
one together 7ith all rthsr inabtednese of eqld To nn, in - _thin
enery debt nrl vtbpr limit vre9cribed bv the Constitution and LF-s of
sei" State, an& tye full fifth anal c7sAit of the To-m of HFnTr2nec'k
ore hereby pledged to the punctual pFyment of the principal Pnd interest
of this Certificate . 2ccording to its term%
JIT +'t±71 HTOF, the ToTn of Hv7i7-r-ck has caused this
FT-TSS 7,qT,7
CertiFj7cte of Indebtedness to be signed by its Qrervinc-' �n§ its
I -
orronrite seal to be hereunto Fffined one attest6d by its To7n Clnrk4
this _ , joy of
Attest Sune7visor of the 1u7n
To= Clerk
FU7THrR R7SOLV7D, thot if said Certificates are to
be registered , the registration bloune be in sub-
stFntially the fcliwing form.
61
R7GISTRATTON
This Certificate of Indebtedness may be registered under the
-inneture of the T= Clerk of the To7n of HTmFronecl, in the County of
Westchester, Us- York, el .inane shall therefftPr be trensferable only
unon the nWitt en assignment of the registered holder or his attorney
duly ackno7ledged Cr proved . such registration end transfer to be made
in the register kept in the office of said TO= Clerk one P notation
.-----thereof to be made hereonj The principal and interest of this Certificate
of Indebtedness, if registereS . Mil be nnyable only to the registered
holder, his legal representatives , successors Or assigns. Such transfer
may be to bearer, after which this Certificate of Indebts5ness shpli be
sW 4 ECt to subseouent registrations and transfers as before.
Date of Registry ; In Those Name Registered : Signature of Toun Clerk
FURTH7R 77SCIVFD, that the Supe"vin= in hereby auth-
orissi to sell and xnard said Certificates of Indebted.—
neso for not less than oar at the best rate of interest
obtainable not exceeding the rate hereinabove mpecified.
FURTHER RPSOMME , th?t the proceeds of sale of said
Certificates of indebtedness she!l be erplied scis
ly
to making payments to -hick such 1933 to-n taxes were
anuMcpbM
FURTH7R RYSOIVYD, that -hen said.. Certificates of Ind-
ebtedness shell have been My sold and executed the
same shell be deli-ered to the purchaser upon payment
of the rurchnse orice to the Surerviscr. and the
recsiot of the Sunervioci shall be a full accuittance
to sFid purchaser, nho shall not be obliged to see to
the OMMVOn Of the Vu7ch?se mOn-7.
The ouestion of the adoption of the foregoing resolution -as
duly out to a vote 7htah resulted as follo—s
B='ton
Ka ry in
Boyd
Leeds
Messergmith
Tu7bank
Foss : Nona
The Clerk in ired if the 3,3rd desired at thi- time to take
smv action on the renuest of the Weever Street Fire Compory, No. 1 . fo---
FRAticnel hose , bids for Mah hn? been received and which had been
lei! over at the meeting on December 22nd , 193P. The matter -as
referred to the Fire House committee.
At 11 P. M the Board unanimously resolved to recess to meet
sgFin at the cell of the chair to take up such mEtterp as might properly
cn-,7nE before the Bo2r&