HomeMy WebLinkAbout1933_02_15 Town Board Minutes REGULAR IMYTING OF TH^ TOWN BOARD
TOWN OF IfAMARONFCK, N. Y.
HELD February 15thl, 1933.
At the Town Offices at 118 W. Boston host Rd. , Mamaroneck.
The meeting was called to order by Supervisor Burton at
9:15 F. M.
Present: Supervisor Burton
Justices Boyd, Leeds , Messersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Gamble.
The Clerk reported that he had been served with two
summonses and complaints in the matters of Garden Properties, Inc.
vs. Romeri, Realty Corp. , et. al. and same vs. same, being foreclosures
of tax 'liens. These matters were referred to Counsel.
The Clerk reported that on February 2nd he had been served
with a summons and complaint in the matter of Frank A. Benson vs.
Bertha Louise Adams, Chas. J. Bard, et. al. , being a foreclosure of
tax lien and that since an answer was demanded at an early date , he
had of his own initiative referred. the matter to Counsel to whom he
had forwarded the papers in order that there might be no delay in making
a proper answer. He requested the approval of his action and suggested
that he be authorized to refer all foreclosures of tax liens directly
to Counsel without first presenting them to the Town Board.
Upon motion duly made and seconded, it was unanimously
RFSOLVTD, that the action of the Clerk as above described
in referring a foreclosure of tax lien to-wit: Frank A.
Benson vs. Bertha Louise Adams, Chas. J. Bard, et. al,
to Counsel without first presenting it to the Town Board,
be anit it hereby is ratified, approved and confirmed; and
be it further
RESOLV'E'D, that the Town Clerk be and he hereby is auth-
orized, empowered and directed hereafter to refer to
Counsel all foreclosures of tax liens of which the
summons and complaint are served on him without first
presenting them to therTown Board..
A resolution gassed by the Theodore Roosevelt- Social Club of
Mamaroneck at its meeting on February 3rd, expressing its approval of
the work of the town welfare department and urging that the relief
work be left in local hands and not entrusted to an outside investigator
was received and ordered placed on file.
A tesolution identical with the previous one, passed by the
Washingtonville Republican Organization at its meeting on February 6th
was likewise received and ordered placed on file.
The report of the 'Town Clerk for the month of January was
received and ordered placed on file.
A letter dated February 3rd was received from Orson A. Raynor,
regarding the matter of issuing $40,000.00 worth of bonds to make up
the loss occasioned by the defalcation in the tax office.
Upon motion by Justice kessersmith, seconded by Justice Boyd,
it was
REGULAR Y-TY-T'ING OF THE TO49N BOARD
TOWN OF MAMARONFCg, N. Y.
HTI.D February 15th,, 1933.
At the Town Offices at 118 W. Boston Post Rd. , Mamaroneck.
The meeting was called to order by Supervisor Burton at
9:15 P. M.
Present: Supervisor Burton
Justices Boyd, Leeds ,, Messersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Gamble.
The Clerk reported that he had been served with two
summonses and complaints in the matters of Garden Properties,, Inc.
vs. Romerts" Realty Corp. , et. al. and same vs. same, being foreclosures
of tax liens. These matters were referred to Counsel.
The Clerk reported that on February 2nd he had been served
with a summons and complaint in the matter of Frank A. Benson vs.
Bertha Louise Adams, Chas. J. Bard, et. al. ,, being a foreclosure of
tax lien and that since an answer was demanded at an early date , he
had of his own initiative -referred the matter to Counsel to whom he
had forwarded the papers in order that there might be no delay in making
a proper answer. He requested the approval of his action and suggested
that he be authorized to refer all foreclosures of tax liens directly
to Counsel without first presenting them to the Town Board.
Upon motion: duly made and seconded, it was unanimously
RESOLVED, that the action of the Clerk as above described
in referring a foreclosure of tax lien to-wit: Frank A.
Benson vs. Bertha Louise Adams, Chas. J. Bard, et. al,
to Counsel without first presenting it to the Town Board,
be and it hereby is ratified, approved and confirmed,. and
be it further
RTSOLVF'D, that the Town Clerk be and he hereby is auth-
orized, empowered and directed hereafter to refer to
Counsel all foreclosures of tax liens of which the
summons and complaint are served on him without first
presenting them to the Town Board.
A resolution gassed by the Theodore Roosevelt Social Club of
Mamaroneck at its meeting on February 3rd, expressing its approval of
the work of the town welfare department and urging that the relief
work be left in local hands and not entrusted to an outside investigator
was received and ordered placed on file.
A resolution identical with the previous one , passed by the
Washingtonville Republican Organization at its meeting on February 6th
was likewise received and ordered placed on file.
The report of the Town Clerk for the month of January was
-- received and ordered placed on file.
A letter dated February 3rd was received from Orson A. Raynor,
regarding the matter of issuing $409.000.00 worth of bonds to make up
the loss occasioned by the defalcation in the tax office.
Upon motion by .justice f+uessersm-ith, seconded by Justice Boyd,
it was
RE'SOLVED', that the letter of Orson A. Raynor
above described be received and placed on file
and that the Clerk be directed- to reply to him
thanking Mr. Raynor for his interest in town affairs
and stating ghat he was evidently misinformed as to
the facts.
A letter dated February 2nd was received from Counselor
Gamble reporting to the Board on the two notices. of intention to sue
served upon the Clerk by Gloria Rudy and Charles Rudy and referred
to Counsel by the Board. Counsel advised the Board that there is no
liability in these cases against the Town of Mamaroneck. The letter
of Counsel was unanimously ordered received and placed on file and
the report adopted.
A claim in the amount of $11.68 for refund of taxes was
received from Milton Kadison and ordered referred to Counsel.
A letter dated February 8th was received from the Board of
Appeals advising the Town Board that the term of office of Orson A.
Raynor as a member of the Board of Appeals was about to expire and
requesting the Board to re-appoint him.
Upon motion by Justice Messersmith seconded by Tustice
Boyd it was unanimously
RESOLVED, that Orson A. Raynor be and he hereby
is appointed a member of the Board of Appeals for
a term of five years beginning February 19th, 1933
to succeed.,himself.
A letter dated February 10th was received from Counselor
Gamble reporting on the request of Frank A. Shaw Corp. for refund of
taxes= which matter had been referred to him at a previous meeting.
He advised the Board that there was no provision under the Westchester
County Tax Act by which such refund could be made and enclosed a
resolution to that effect.
Upon motion duly made and seconded the resolution prepared
by Counsel above referred to, was unanimously approved upon roll call
as follows: viz;
WHFRFAS, a petition has been presented by the
Empire City Savings Bank, mortgagee in possess-
ion of the property known as I Addison Avenue,
Larchmont, New York, and described on the assess-
ment roll. as Section 6, Block 63, Lot IA, for a red-
uction -of taxes for the years 1931 and 1932, by
reason of an alleged e.rror on the assessed value
of the building on said place;
WHFREAS* the taxes on said property have not been
paid;
WHERFAS, the mortgagee holding the iffortgage on the
aforesaid property , is understood to be in the process
of foreclosure;
WHEREAS, there is no provision in the Westchester
County Tax Act under which the alleged error can be
- _ corrected or a refund of taxes be masse in the aforesaid
case;
THFRFFORF, BE IT RESOLVED, that the claim be denied.
1 letter dated February 7th was received from the County
Transportation Co. , Inc. , enclosing their report for the year ended
December 31, 1932, prepared in accordance with the terms of the consent
granted to said Company by the Town of Mamaroneck and as prescribed in
the 25th paragraph of this consent. The letter and the report were
ordered received and placed on file.
The annual report of the Supervisor for the fiscal year
ended December 31, 1932, was received and ordered placed on file and
the Supervisor was unanimously authorized to attend to the necessary
publication of the report as required by law.
The Supervisor advised the Board that Yr. John j. Bloomer
the Town Public iHelfare Officer was ill and that he , the Supervisor=
had therefore authorized 11rs. Bessie Scherff, Assistant Welfare Officer,
to carry on the work of the office during the illness of Hr. Bloomer,,
this authorization to be revokable at any time.
Upon motion by Justice Leeds, seconded by Justice Messersmith,
the action of the Supervisor as above described was unanimously ordered
approved.
The Supervisor recommended to the Board that an additional
certificate of indebtedness in anticipation of the collection of 1933
taxes be issued in the amount of $508OOO. for the purpose of making
payments that may be lawfully made from the proceeds of such taxes.
The following resolution was. offered by Justice �uiessersmith
and seconded by Justice Boyda to-wit:.
WETREAS, the annual budget for the current fiscal
year beginning January 10 1933, . of the Town of
Mamaroneck heretofore has been duly adopted, and
the total amount of taxes of said .Town ' le.vied ,for
said- fiscal year,.-is $417,262.88, and the total
amount of such taxes not yet collected and received
by said Town, is not less than $4179,262.88a and there
are now outstanding :Tax Anticipation. Certificates of
Indebtedness of said Town issued in anticipation of the
coll-ection of such taxes in the amount of $100,000. and
it is now necessary to borrow the further sum of $501,000.
in anticipation of the collection of such taxes for the
purpose of making payments that may be lawfully made from
- the. proceeds of such taxes;
RE`SOLVED, that there shall be issued Tax Anticipation.
Certificates of Indebtedness of the Town of Mamaroneck
in the aggregate amount of Fifty Thousand Dollars
($50,OOO) , dated of such date as the Supdrvisor shall
determine, maturing not more than sixteen (16) months
from the date of said certificat.es., bearing interest
at a rate not exceeding six (6) pereentum per annum,
payable in such manner as the Supervisor shall determine,
and said certificates of indebtedness shall be of such
number and denomination as the Supervisor shall determine.
FURTHER RESOLVED, that said certificates of indebtedness
shall be signed by the Supervisor and sealed with the
corporate seal of said Town and countersigned by the
Town Clerk, and that both principal and interest--of- said
certificates of indebtedness shall be payable in lawful
money of the United States of America, at the Bankers
Trust Company, 16 Wall Street, new York City, new York.
FURTHER RESOLVED, that said certificates of indebtedness
shall be issued in substantially the following form, towit:
UNITED STATES OF A TRICA
STATE OF NEW YORK
COUNTY OF WESTCHTSTFR
TOWN OF MAMARONECK
TAX ANTICIPATION CERTIFICATE OF INDEBTED17SS
No.
The TOWN OF MAMARONECN, in the County of Westchester, a
municipal corporation of the State of New Yorks hereby acknowledges
itself indebted and for value received promises to pay to the bearer
of this certificate on the day of , 19 t the
sum of DOLLS ( )s with
interest thereon from the date hereof at the rate of
(_______j per cent per annum. Both principal and interest of
this certificate are payable at the Bankers Trust Company, 16 Wall
Street, New York City,, New York, in gold coin of the United States
of America, of or equal to the present standard of weight and fineness ,
or its equivalent in lawful money.
This certificate is issued pursuant to the provisions of the
Town Law constituting Chapter 62 and the General Municipal Law con-
stituting Chapter 24 of the Consolidated Laws of the State of New York,
as amended¢ and pursuant to a resolution duly passed and adopted by the
Town Board of the Town of Mamaroneck in anticipation of the collection
of taxes for the current year not yet collected and received in said
Town.
This certificate of indebtedness may be registered in
adcordance with the provisions endorsed hereon.
It is hereby certified and recited that all conditions, acts,
and things required by the Constitution and statutes of the State of
New York to exist, to have happened and to be performed precedent to
and in the issuance of this certificates exist, have happened and have
been performedt and that the issue of certificates 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 said State;
and the full faith and credit of the Town of Mamaroneck are hereby pledg-
ed to the punctual payment of the principal and interest of this certif-
icate according to its terms.
IN VITNFSS INTRYOF, the Town of Mamaroneck has caused this
-- certificate of indebtedness to be signed by the Supervisor and its
corporate seal to be hereunto affixed and attested by its Town Clerk
this day of , 1933.
Supervisor of the Town of Mamaroneck
ATTFSfi:
Town Clerk
FURTHTPR RESOLVED, that if said certificates are to
be registered, the registration clause be in sub-
stantially the following form, to-wit-
REGISTRATION
This certificate of indebtedness .may be registered under
the signature of the Town :Clerk.:of the Town of mamaroneckt in the
County of Westchestera New York, below, and shall thereafter be trans-
ferable only upon the written assignment of the registered .holder or
his attorney duly acknowledged or proved, such registration_and transfer
to be made in the Register kept in the office of said Town Clerk and
a notation thereof. to be made hereon. the principal and interest of
this certificate of indebtedness, if regisferedt will be payable only
to the registered holder, his legal representatives, successors or
assigns. Such transfer may be to bearer after which this certificate
of indebtedness shall. be subject to subsequent registrations: and
transfers as before..
Date of Registry-, In Whose Name Registered: Signature of Town Clerk
8
FURTHYR RESOLVED,, that the Supervisor is hereby
authorized to sell and award said certificates of
indebtedness for not less than par at the best rate
of interest obtainable not exceeding the rate
hereinabove specified.
- FURTHER RESOLVED, that the proceeds of sale of said
certificates of indebtedness shall be applied solely
to making payments to which such 1933 town taxes were
`— applicable.
jURTHER RESOLVED, that when said certificates of indebt-
ednesseh.all have been duly sold and executed, the same
shall be delivered to the purchaser upon payment of
the purchase price to the Supervisor, and the receipt
of the Supervisor shall be a full acquittance to said
purchaser who shall not be obliged to see to the
application of the purchase money.
The question of the adoption of the foregoing resolution
was duly put to a vote which resulted as follows :
Ayes: Burton, Marvin$ Boyd, Leeds, Aessersmith and Burbank.
Noes . None
Counsel advised the Board that the Board of Sewer Commissione°s
had been negotiating for the last two or three years, as he had hereto-
fore advised the Board, to purchase the t3iangular gore lot at the end of
*'cho Avenue (now Harrison Avenue ) contiguous to the Railroad property
on which the Dillon Park pumping station #2 is now located. He
stated that there had been no change in ownership for a period of one
hundred years and that the title had been very much involved and. it was
only recently that the title situation had been straightened out to
the extent that tke Town and/or the Sewer Commission could now acquire
the property¢ and that the Sewer Commission had entered into a contract
for the purchase of the same.
He further stated that in connection with the sale of certain
trunk line se-wers, lands and easements to the County of Westchester
under a contract heretofore approved by this Board of January 18, 19331,
entered into between the Town of Mamaroneck, the Board of Sewer Comm-
issioners and Sewer District No. 1 of the County of Westchester, the
Town had agreed to complete the purchase of said tract of land, together
with easements leading to and from the same, and to thereafter convey
to the County such portion thereof as it might require, and the County
had agreed to reimburse the Town for the cost of that portion which
it would acquire , at the same price which the Town paid therefor.
Counsel further stated that when it seemed impossible tc
straighten out the title situation, that an action to foreclose
tax liens on said property held by the Town, had been instituted,
which action, now that the title had been straightened out, to the
extent that there were persons who could convey said property, could be
discontinued.
He further stated that the purchase price of said propertyo
together with the costs of said litigation, survey, title company
searches and other expenses in connection with the said closing, would
not exceed the sum of $23,000. He stated that the Town would have to
first acquire the property and thereafter convey that portion which the
County desired, at which time the County would reimburse the Town for
the portion which it adquired.
The Supervisor stated that there were no funds on hand for
this purpose and that the Sewer Commission had approved of the acquire-
ment of said property and had requested the Town to complete the purr
chase and that it would be necessary, therefore , to authorize the
Supervisor to sell Certificates of Indebtedness in not to exceed the
sum of 423, 000. to provide funds for said purpose.
On motion duly seconded, it was
RluClD that this Board approves of the acquire-
ment of the said property on which the Dillon Park Pumping
Plant #2 is now located, together with the easement of ingress
and egress thereto , and at a cost of not to exceed .";'-23, 000.
and. of the sale a.nd transfer to the County under the terms and
conditions of the aforesaid contract of such portion of said
lands after acquirement as the County may desire , at the con-
sideration provided in said contract therefor.
FU'RT=R itE-O71 ), that the Supervisor be and he
hereby is authorized, empowered and directed to issue Certi-
ficates of Indebtedness of the Town of Mamaroneck in the aggre-
gate amount of not to exceed :x,23 , 000. dated as of such date as
the Supervisor shall determine , maturing not more than sixteen
months from the date of said Certificate or Certificates , bearing
interest at a rate of not exceeding 6% per annum, payable in
such manner as the Supervisor shall determine, and said Certi-
ficates of Indebtedness shall be of such number and denomination
as the Supervisor shall determine ;
FURTHER _R_1TSC17ED that said Certificates of indebted-
ness shall be signed by the Supervisor ana sealed with the
corporate seal of said Town and countersigned by the Town Clerk,
ana that both principal and interest of said Certificates of
Indebtedness shall be payable in lawful money of the United
States of America at such bank or banking house as the Supervisor
shall determine ;
FURT= RESGLV' D that said Certificates of Indebtedness
§,hall be issued in substantially the same form as the other
Sewer Certificates of Indebtedness issued in connection with
Sewer District No. l of the Town of Iv?amaroneck having heretofore
been authorized by this Board and issued by the Supervisor;
FURT= FMSOL17D, that the Supervisor is hereby author-
ized to sell and award said Certificates of Indebtedness for not
less than par at the best rate of interest obtainable , not ex-
ceeding the rate hereinabove specified;
FURTRER R 7SO17= that i=,hen said Certificates of In-
debtedness shall have been duly sold and executed, the same
shall be delivered to the purchaser upon payment of the purchase
price to the Supervisor ana the receipt of the Supervisor shall
be a full acquittance to said purchaser zriho shall not be
obliged to see to the application of the purchase money.
At 10 P. Y. the Board unanimously voted to recess to
meet again at the call of the chair to take up such matters as
might properly come before it.
Town Clerk