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HomeMy WebLinkAbout1933_07_19 Town Board Minutes REGCL.'-1R MEETING OF THE=_T O"WN BOARD TOWN OF TVAMARONECK, M. Y. held July 19th, 1933 at the Town Offices , 118 bleat post Road; Mamaroneck, N. X The meeting was called to order by Supervisor Burton at 6 P . M. present: Supervisor Burton Justices Boyd, Messersmith and Burbank Deputy Town Clerk Jacobs The presence was also noted of Counselor Gamble . A communication dated July 19th addressed to the Supervisor was received from Welfare Officer DeVinne regarding the securing of a trained investigator for the "Welfare Department and obtaining the 409 reimbursement from the State for home relief . Nx . DeVinne was present and ad:- ressedithe Board concerning this matter. The letter was ordered received and placed on file . Counselor Gamble reported that suits were being brought against the County of 'Westchester, the Town of Mamaroneck, et al, by the Latchmont national Bank and Trust Company and The First Nation- al Bank in hamaroneck for a refund of bank taxes paid several years ago, in accordance with a recent court decision . Counael was upon roll call unanimously authorized to take whatever steps he deems necessary to protect the interests of the Town. Counsellor Gamble reported on the petition of Austin Y. Griffen on behalf of St . Johns Evangelical Lutheran Church of Mama- ronech for the cancellation of 1925 school taxes against Section 9 , Block 18, Lots 1, 2 and 3 on the town assessment map , which matter had been referred to him at the meeting of the Town Board April l5th. He submitted a resolution which was moved by Justice Eessersmith, seconded by Justice Boyd and unanimously approved as follows: WHEREAS a petition has been presented by St. John ' s Evangelic- I' al Lutheran Church of h maroneck for the cancellation of the 1925 School Tax against Lot..:Ncs,. . 1 ,2 and 3 in Block 18, Section 9 on the assessment map of the Town of Mamaroneck, which property is also known as hot : Nos. 99 , 100 and 101 on "Map of Village Lots and Villa plots in the Town of Mamaroneck, Westchester County, New York, the property of James C. Spencer, " and WHEREAS it appears that said Church acquired title to the aforesaid property on lurch 19 , 1919 , in contemplation of erecting thereon a church edifice and to be used for religious pur�oses and was to held by said Church and only due to lack of funds was the erection of the church edifice not undertaken, and WHEREAS the Church was entitled to have said property marked exempt from taxation from the above statement of fact, THEREFORE BE IT RESOLVED, that the Supervisor and Receiver of `_e.axes be and they hereby are authorized, empowered and and directed to cancel the unpaid 1925 School taxes now a lien against Lot tios, 1, 2 and 3 , .Block 18 , Section 9, shown on the assessment nap of the Town of Mamaroneck, together with the penalties,costs and interest which have accrued on the same : FURTHER RESOLVED, that they be and they hereby are authorized and empowered to issue any necessary certificates or resolutions showing the cancellation as herein provided. � � �p� Justice Yessersmith for the_'iieaver Street Fire House Comiiittee presented the bids wt,ich the committee had received in response to public notice calling for the bids for a year-'s supply of fuel oil for the leaver Street Fire House and the Weaver Street Police Station . He stated that the committee recommended the ac- ceptance of the bid of the lowest responsible bidder, namely; the Sinclair Oil Company, at 5$e per gallon. Upon motion by Justice Burbank, seconded by Justice �-iessersmith, it was upon roll call unanimously RESOLVED, that the bid of the Sinclair Oil Company in the amount of 5¢ per gallon, being the lowest responsible bid received in response to a public notice to bidders for a year's supply of fuel oil for the Seaver Street Fire House and the deaver Street Police Station, be and it hereby is approved and accepted; and be it further RIESOUV,TD, that the Supervisor be and he hereby is authorized to execute a contract with said Oil Company at the price stated. Counselor Gamble reported to the Doard on the application of Carmine Tortorella for permission to erect a filling station on L rtle Boulevard. After discussion, the matter was ordered referred back to Counsel for an amendment to the proposed agreement covering this matter. The report of the Town Clerk for the month of June was received and ordered placed on file. The report of the Receiver of Taxes for the month of June was received and ordered placed on file . A letter dated =June 22nd, was received from Lama.ronec­.. Post do .1156, Veterans of Foreign 'dJars, confirming the appointment of Jay H. Van Norden as the Veteran Relief Officer of the Post for the Town of Mamaroneck for the year 1933 . The letter was ordered placed on file . The Supervisor advise::. the 3oard that Certificate of Indebtedness No . 1-1933 in the amount of X3265 , 18 issued against unpaid Ltaple dills Assessments (Homer Avenue, Orsini Drive and Maple hill Drive ) and Certificate No. 2- 1933 in the amount of $2709 .90 issued against unpaid Myrtle Avenue Assessments ( Myrtle Avenue and 1uadizon Avenue to Maxwell Street) both dated January 1, 1933 , had both become due and payable on July 1.,_ 1933. He stated that the Certificates were held by the Trust Company of Larchmont and that the Trust Company had agreed to renew the Certificates until December 1, 1533 , in an amount not to exceed 43 ,000. , provided the sum of 4$2975 .08 was paid in reduction of said Certificates at this time . The Super- visor further stated that a certain amount of said uncollected assess- ments had been collected since January 1, 1933, but that the amount collected was less than the amount which the Trust Company of Larch- mont required to be paid, off in reduction of said Certificates , which amount would have to be advanced from the general fund. The Super- visor therefore recommended that he be authorized to renew said Certi- ficates to make a payment on account of the same in the above amount and further recommended that the two Certificates be consolidated into one Certificate. On motion of Justice Boyd, seconded by Justice Messer- smith, the following preambles and resolutions were adopted. vJEUL EaS the purchasers of Certificate ho . 1-1933 in the amount of 43265 .18, unpaid Maple Hills Assessments (Homer Avenue , Orsini Drive and Maple Hill Drive ) and Certificate No ,2-1933 in the amount of x$2709 .90, unpaid Myrtle Avenue Assessments (Myrtle Avenue and i�adison Avenue to Maxwell Street) authorized January 4, 1933, respectively, against unpaid assessments levied under Chapter 549 of the Laws of 1926 as amended, respectively , matured on July 1, 1933, and dF&FEAS certain amounts of unpaid taxes have been col- lected against each of said assessments which may be applied to the payment of said Certificates of Indebtedness , respectively, and WHEREAS on July 1, 1933 certain of said taxes and as- sessments heretofore due were still outstanding and unpaid against said Certificates in excess of the amount of 43,000. , and CJIMREAS the holder of said respective Certificates has agreed to renew the same provided a payment. of x2975 .08 is made in reduction of said Certificates plus interest to the date of maturity, and WHLRLIAS it is desirable that the balance due on said Certificates, to wit, 43,000. be consolidated into one Certificate of Indebtedness, NOff, 'THL'REPORE, BE IT RESOLVED: Section 1. For the purpose of renewing the aforesaid Certificatesof Indebtedness Nos . 1-1933 in the amount of $3265.18 amd 2-1933 in the amount of �27U9 .90 of the Town of Mamaroneck, both dated January 1, 1933 and both maturing July 1, 1933 , the Supervisor is hereby authorized and empowered to issue a new Certificate of Indebtedness (consolidating both of said Certificates into one Certificate) in an amount not exceeding $3 ,000. pursuant to the follow- ing laws of the State of New York as amended: the Town Law constitut- ing Chapter 62 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws, Chapter 105 of the Laws of 1916 known as the '4estchester County Tax Law and of Chapter 549 of the Laws of 1926 . Section 2 The following matters in connection with said Certificate of Indebtedness are hereby determined. 1. Date - July 1, 1933 . --- 2. maturity - December 1, 1933 . 3. Denomination one of $3 ,000. 4. Interest - six per centum per annum. 5 . Form - substantially as determined by resolution adopted on January 4, 1933 , except that the two Certificates of Indebtedness therein authorized are consolidated into one Certificate of Indebted- ness as herein provided. Said Certificate shall be signed by the Supervisor and shall have the corporate seal affixed and attested by the Town Clerk. The Supervisor is hereby authorized to determine all matters in connection with said Certificate of Indebtedness , the de- termination of which is not otherwise provided for and his signature upon said Certificate shall be conclusive as to such determinations. The Supervisor is hereby authorized to sell such Certificate at not less than par without advertisement or public bidding and deliver the same to the purchaser tpon receipt of the purchase price, plus accrued interest from the date of the Certificate to the date of delivery or in exchange for the surrepyder of the Certificate of Indebtedness, for the renewal of which this Certificate of Indebtedness is authorized. The Supervisor is further authorized to pay on account and in reduction of said Certificate the sum of not to exceed X2975 .08 plus interest thereon. Section 3 . Any instrument issued pursuant to this resolu- tion shall be a. general obligation of the Town and the full faith and credit of the Town are hereby pledged to the punctual payment of the principal of and interest on said obligation and unless other+ise paid or payment provided for, an amount sufficient for such payment shall be inserted in the Budget and taxes sufficient to provide for the payment thereof shall be levied and collected. i 1. 57 Supervisor Burton advised the Board that on June 14th, 1933 , the date of the adjourned tax sale , he had purchased for and on behalf and in the name of the Town of 1damaroneck transfers of tax liens for which there were no bidders in the aggregate amount of 4130,847 .30 and recormaended that the Town i-ssue. tax lien certificates in said amount. The following resolution was offered by Justice Idesser- smith and seconded by Justice Boyd, to wit : 4HMEAS; Henry R. Dillon, Receiver of Taxes of the Town — of Idamaroneck, heretofore and on the 1st day of July, 1933, duly delivered to ueorge e7. Burton, as Supervisor of the Town of harnaroneck, his account and report of all State , County , Town, Highway, Police and :District taxes and assessments levied and assessed on the lst day of April, 1932, as appears upon the assessment Roll of the Town of Mamaroneck for the Year 1932, remaining_ unpaid and due : and at the same time made an account and report of all school taxes levied on the 1st day of September, 1932, as ac}pears upon the School Assessment Roll for that year, remaining due and unpaid; and W EREAS, on Wednesday , Iviay 24th, 1933, the fourth Wednes- day of May of that year, Henry R. Dillon, as Receiver of Taxes of the Town of Lamaroneck, in the absence of the Supervisor, pursuant to law , adjourned the aforesaid tax sale to June 14, 1933 , and on said June 14th; 1933, George W. Burton, as Supervisor of the Town of Mamaroneck. did, pursuant to public notice published and posted in the manner required by law, offer for sale and did sell transfers of tax liens upon the several respective lots, plots, pieces and parcels of land set forth in said public notice of sale published and posted as aforesaid, and 41EI?I�AS, at the said Tax Sale the Supervisor purchased for and on behalf, and in the name of the Town of Mamaroneck transfers for tax liens for which there were no bidders , in the aggregate sum of 4130,847 .30; and w XIiEREAS, it is necessary to issue tax lien certificates for and in the name of the Town of Mamaroneck for the purposes speci- fied in Section 32 of Chapter 105 of the Laws of 1916, as amended, in the sum of $130,847 .30, the aggregate amount of transfers of tax liens bid in by the Supervisor at the Tax Sale on the 14th day of June, 1933 , and not heretofore paid off or redeemed, NO'd, THEREFORE, BE IT E.w�8�"'CTED AND, RESOLVED BY THIS BOARD, that the Supervisor of the Town of Mamaroneck is hereby authorized and directed to borrow upon the credit and good faith of the town of Pamaroneck the sum of $130,847 .30 upon "Town of Iiiana.roneck Tax Lien Certificate of Indebtedness, the same to be dated July 15 , 1933 , numbered TL 1,2,3 ,4 and 5 of such denomination or denominations as the Supervisor may determine and bearing interest at a rate not exceed- ing six per centum per annum, payable at maturity and all of said tax lien certificates of indebtedness to mature at such time or times as the Supervisor may determine , not longer , however, than 15 months from the date thereof; that said tax lien certificates shall be signed by the Supervisor and sealed with the corporate seal of said Town, attested by the Town Clerk, and that both principal and interest of said tax lien certificates shall be payable in lawful money of the United States of America at such place or places as the -Supervisor may determine . FURThER RESOLVED, that said tax lien certificates shall be issued in substantially the following form, to wit: i � UNITED STATES OF AMERICA STATE OF M:1-W YORK, COUNTY OF VESTCIESTER TOWN OF 11MOARONECK TAX LLN CERTIFICATE OF INDEB-7EDNESS - No. On ,the day of ,1933 , the Town of 1amaroneck, in the County of Westchester, State of New York, for value received promises to pay to the bearer at the sum of Dollars (� ) ® together with interest thereon from the date hereof at the rate of per centum per annum, payable Both principal and interest of this certificate of indebtedness are payable in lawful money of the United States of America. This certificate of indebtedness is issued pursuant to the provisions of Chapter 105 of the Laws of 1916, and the acts amendatory thereof , and pursuant to a resolution of the Town Board of said Town duly passed on the 19th day of July, 1933 , at which meeting all the members of said. Town Board present voted in favor and authorization thereof , and is issued for the purpose specified, in Section 32 of Chapter 105 of the Laws of 1916 of the State of idew `fork, as amended; and it is certified that in the .izsuance hereof all provisions of law have been fully complied with and that no debt or other limit has been exceeded. This certificate of indebtedness is registerable in the office of the Town Clerk in accordance with the provisions endorsed hereon. IN `:FITNESS VIFFIEREOF, the said Town of Mamaroneck has caused this certificate of indebtedness to be signed by its Zq� ervisoi and sealed with the corporate seal of said Town, attested by its Town Clerk, and this certificate of indebtedness to be dated as of the day of ,19_ TOVVIJ OF MALIAROMCK, -WESTCHESTER COUNTY, I ''t/ YORK �y Supervisor. Fittest : — °lown Clerk. E REG ISTRdiT ION This certificate of indebtedness may be registered under the Signature of the Town Clerk of the Town of Mamaroneck, Westchester County, New Fork, below, and shall thereafter be transferable 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 indebt- edness , if registered, 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 -o Town Clerk 165 FURTHER RESOITTED, that said Tax_ Lien Certificates of Indebtedness shall be negotiated by the Supervisor for not less than par at a rate of interest not ex- ceeding the rate above specified. FURTHER RESOLVED, that the principal of said Tax Lien Certificates shall be paid out of all moneys received from the redemption_ of transfers of tax liens and from the collection of unpaid taxes and assessments in arrears, as provided in Section 32 of Chapter 105 of the laws of 1916, as amended, and in the event that the moneys received from the redemption of transfers of tax liens and from the collection of taxes, in arrears, as herein stated, are not sufficient to pay the principal of said Tax Lien Certificates, then said unpaid balance be paid either out of taxes to be levied and collect- ed for that purpose or out of the proceeds of other and further tax lien certificates, as provided in said Tax Lavl. - FURTHER RESOLVED, that when said certificates shall have been duly 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: AYE'S: George '"O . Burton, Supervisor Evelyn G. Jacobs , Deputy Town Clerk William A. Boyd, Xesley Id. Eessersmith, JJalter C . Burbank, Justices of the Peace . 14AYE8: None . At 7 P . Y. , 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 .