HomeMy WebLinkAbout1933_04_15 Town Board Minutes 109
SPTCIAL MUTING OF THT TOWN BOARD
TOWN OF MAMAROY CK, NTVI YORK
held April 15th, 1933
at 118 West Post Road , Mamaroneck, New York
The meeting was called to order by Supervisor Burton at
12:30 P. M.
Present : Supervisor Burton
Justicez Boyd, Leeds , Meseersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Ralph A. Gamble.
The reports of the Town Clerk for the months of February
and March were received and ordered placed on file.
A letter dated March 28th was received from the First and
Second District Taxpayers Association of Mamaroneck enclosing copy of
a resolution passed by the association opposing trucking on the
proposed Pelham-Port Chester Parkway and urging a change in the taxes.
The letter was ordered received and placed on file..
A letter dated March 30th was received from Austin K.
Griffin petitioning for the cancellation of taxes on behalf of
St. John's Evangelical Lutheran Church of Mamaroneck. The letter
was ordered referred to Counsel.
A letter dated February 20th together with a claim in the
amount of $108.00 was received from the Veterans of Foreign Wars,
Mamaroneck Post 11156 , for expenses incurred in connection with the
observance of Memorial Day,: May 30th, 1932 and requesting reimbursement
of same. The matter was referred to Counsel.
A letter dated March 18th was received from the American
Legion, Mamaroneck Post #901 requesting the customary appropriation
for expenses to be incurred in connection with the observance of
Memorial Day, May 30th, 1933. The matter was referred to Counsel.
A letter dated April 10th was received from R. K. Allerton,
Treasurer of the Police Pension Fund, regarding the unexpended balances
in the police budget which are required to be paid over to the Police
Pension fund. The matter was referred to the Supervisor.
Counsel reported on the claim of Milton Kadison in the amount
of $11. 68 for refund of penalty on a tax bill which had been referred
to him at a previous meeting and recommended that the claim be denied.
He submitted a text of resolution to that effect.
The resolution as prepared by Counsel was moved by the Clerk$
seconded by Justice Leeds and unanimously approved as follows :
WHERTAS a claim has been presented by Mr. Milton
Kadison for a refund of penalties heretofore paid
on a tax bill, which penalties arose on account of
an error in the name and address appearing on the
tax bill, and
THTRFAS this Board has no authority under the pro-
vision of the Westchester County Tax Act to waive
the aforesaid penalties,
THFRTFORF, H7 IT RTSOLVTD , that the claim be denied.
Counsel reported on the request and petition of Mrs. Hilda
Nardechia regarding cancellation of taxes which had heretofore been
referred to him and recommended that the request and petition be denied.
He submitted a text of resolution to that effect.
The resolution as prepared by Counsel was moved by Justice
Ifessersmith, seconded by Justice Burbank and unanimously approved
as follows :
WHTRTAS, Mrs. Hilda Nardechiaa the wmncr of Lot 7,
Block 795 Section 82 on the assessment *nap of the
Town of Mamaroneck has exhibited to the Receiver of
Taxes a receipted tax bill signed by Santo Lanza.
former Receiver of Taxes, dated April Ist, 19318
and 1931 State, County and Town taxes in the amount
of $149.60, which taxes are shown on the books of
the Receiver of Taxes as open, and has petitioned
the Receiver of Taxes and/or the Town Board to
cancel said taxes of record, upon her allegation
that the same had been paid as shown by said receipted
tax bill, and
WHFRFAS, the present Receiver of Taxes advises this
Board that when he took charge of said office there
was in said office a check of Mr. Nardechia made
payable to Santo Lanza$ which check had never been
deposited by the said Lanza to the credit of the
Town of Mamaroneck, and said check is still in the
possession of the Town and never was or has been
deposited, and
WHFRTAS the alleged payment was not credited on the
records of the Receiver of Taxes by the said Lanza
(to TIMM it is alleged said payment was made ) as
having been paid and cancelled and said taxes were
and are therefore shown as open of record, and
WH7R7AS this tax was declared open at the instance of
the State Auditors when they made their audit of the
books of the Receiver of Taxes.
IMF THTRTFORT", upon the recommendation of the Receiver
of Taxes it is
R7SOL47TD, that the request and petition of lErs. Hilda
Nardechia that the aforesaid taxes be marked paid and
cancelled be denied.
Counsel reported on the claim of Mrs. Irene B. Mills in
the amount of $160.53 for a refund of taxes which matter had previously
been referred to him. He submitted a text of resolution to that effect.
The resolution as prepared by Counsel was moved by Justice
Leeds, seconded by Justice Boyd and upon roll call unanimously approved
as folio,-s ;
W HTRFAS a claim has been presented by Mrs. Irena B.
Mills alleging duplicate payment of taxes, and
PdHTRTAS an examination of the claim discloses that on
May 16th, 1917, she paid State , County and School taxes
for the year 1914, together with interest and penalties
thereon in the amount of $�64®46 on a parcel of land then
described on the assessment roll as Lot 4, Block 5g
Heathcote Hill, and
WH77TAS on September 8th, 1928, Mrs. Mills again paid
the same tax for the year 1914 on the aforesaid propertyg
which was then described on the assessment roll as Lot 6.,
Block 38, Section 9 ; said tax at that time amounting with
interest and penalties to $160.53; and
113
WHFRFAS the Receiver of Taxes has checked the
claim, examined the receipted tax bills presented
and has advised that the claim is proper and has
been substantiated to 'Pzis satisfaction and he has
recommended the payment thereof2
THFRFFORF, BF IT RFSOLV-TD, that the aforesaid claim
of Mrs. Irena B. 11111e in the amount of ;$160. 53 be
and the same hereby is approved, and the Supervisor
authorized to make payment of the same.
The Clerk read a letter dated Yarch 8th from the Larchmont
Democratic Club advising the Board that in its opinion the penalties
on unpaid State$ County and Town and School taxes were too high and
asking for a moratorium on tax liens.
Counsel advised the Board that the Westchester County Tax
Ar.t specifically provided the penalties that must be collected by
the Receiver of Taxes on taxes paid in arrears and that neither the
Receiver of Taxes nor the Town Board could take any action in regard
to the matter as it would require a change in the law, ,and that if
the Board of Supervisors would adopt a resolution calling for a
reduction in the amount of tax penalties and prepare an act for intro-
duction in the Legislature , relief along these lines could be obtained
but that it was a matter which was entirely without the jurisdiction
of the Town Board of the Town of Mamaroneck. He further stated with
regard to the moratorium on tax liens= that the law provided for the
sale of tax liens on unpaid taxes on a certain specific date under
the terms of the Westchester County Tax Act and that if no tax sale
was held, the Town would be without any authority or power to finance
itself by the sale of tax lien certificates , and that it was the
usual custom to pay off certificates of indebtedness heretofore
issued by the Town against uncollected taxes by the sale of tax lien
certificates after the sale for the amount of the deficiency between
the amount of uncollected tax certificates outstanding and the amount
of tax liens sold at the sale.
A letter dated I'Jiarch 8th was received from the Westchester
County Society of Civil Engineers= Inc.. p in regard to the employment
of engi.neets on public works. The letter was ordered received and
placed on file.
A letter dated I,?arch 13th was received from the Department
of Audit and Control, State of h1ew York, transmitting a copy of an
audit of the accounts of the Receiver of Taxes recently made by
Examiners Wadagnolo and Coyle from that department.
Upon motion by the Clerk, seconded by Justice Leeds, it was
unanimously
RESOLVED, that the report of the audit of the accounts
of the Receiver of Taxes as above described be and it
hereby is referred to Special Counselor Fsser with
instructions to prosecute the recovery of the amount
of the shortage reported therein; and be it further
RESOLVED, that this Board extend to the Department of
Audit and Control its warmest thanks for the action
of the Department in undertaking this second audit at
the request of this Board; and be it further
RESOLVED, that this Board express to the Department
of Audit and Control its appreciation of the gentlemanly
and industrious bearing of Examiners G72dagnolo and Coyle
from that department who made both the first and second
audits; and be it further
RESOLVED, that a copy of this resolution be forwarded
to the State Comptroller.
The Town Clerk advised the Board that it was in order for
the Board to authorize thLawusulumotion1dulyfmade and sea ended,
accounts as required by Upon
it was unanimously
115
RF'SOLVED, that the usual publication of the audited
Town accounts be referred to the Town Clerk with
power, to have the work done at the most reasonable
expense.
The Clerk advised the Board that he had ordered the surety
bond for Charles DeVinne , the newly appointed Public welfare Officers
in the amount of $1,000. the same amount as authorized for Mr.
DeVinne 's predecessor and requested the approval of his action. Upon
htotion duly made and seconded, it was unanimously
RESOLVFD, that the action of the Town Clerk in order-
ing a surety bond for Charles DeVinne, Public Welfare
Officer of the Town of Mamaroneck, in the amount of
$1000. the same amount as ordered for his predecessor,
be and it hereby is ratified, confirmed and approved.
The Supervisor advised the Board that he had made a demand
on the conservator of the Larchmont National Bank and Trust Company
for the town funds deposited therein. The matter of obtaining these
funds was referred to the Supervisor to take such action as he deems
necessary in order to obtain them.
The Supervisor advised the Board that Public Welfare Officer
DeVinne had asked for the appointment of Joseph V. McLoughlin as
temporary investigator to serve at a salary at the rate of X01200„ per
annum, his appointment to take effect April let and to serve at the
pleasure of this Board. The Supervisor added that he also requested
this appointment.
After discussion, it was upon motion by the Clerk, seconded
by Justice Boyd, upon roll call unanimously
RESOLVED, that John J. Bloomer be and he hereby
is appointed a welfare worker to serve at thy`
leasure of the Board at a salary not to exceed
100.00 a month, beginning April let.
The following resolution was moved by Justice Leeds, seconded
by Justice Burbank:
RESOLVED, that upon the recommendation of Mr.
DeVinne, Public Welfare Officer Joseph V, Mc-
Loughlin be and he hereby is appointed a temp-
orary investigator in the Town Public welfare
Office to serve at the pleasure of the Board
beginning April let at a salary of $100.00 a month.
A vote being taken upon the foregoing resolution resulted as
follows:
Ayes : Burton, Boyd, Leeds , Burbank and Marvin
Noes: Messersmith
Justice Yessersmith explained that he was not satisfied -that
the appointment of Mr. McLoughlin as temporary investigator would
satisfy the county and state welfare authorities.
The Receiver of Taxes advised the Bo_.rd that he had opened
an account with the First National Bank of Harrison, New York, in his
name as Receiver of Taxes , in which he deposited from time to time
checks paid in to him as Receiver of Taxes for the redemption of tax
liens and stated that the bank desired an approval by the Board of the
opening of said account. The Supervisor stated that this was a matter
wholly within the jurisdiction and supervision of the Receiver of Taxes
but that there was no objection to the Town Board approving of the
opening of said account.
On motion duly seconded, it wax
117
RTSQLVTD that the Town Board hereby approves
of the opening of an account in the First National
Bank of Harrison.. New York,, by Henry R. Dillon,,
Receiver of Taxes , and the depositing therein of
payments made to him in connection with the
redemption of tax liens of the Town,
At lm45 P.I . the Board unanimously resolved to recess to
meet again at the call of the chair to take up such matters as might
properly come before it.
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Town Clerk