HomeMy WebLinkAbout1933_12_16 Town Board Minutes V
SPECIAL I=TIITG OF THE TOWIT BOARD
TOWN OF MAMARONECK, IT. Y.
HELD DECEMBER 16TH, 1933
At the Town Offices , 118 West Post Road, Mamaroneck, IT. Y.
The meeting was called to order by Supervisor Burton at
-- 2:10 P. M.
Present. Supervisor Burton
Justices Boyd, Leeds, TWessersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Gamble , Supervisor-
elect McCulloch, 00=a lman-elect Meginniss and Messrs Hogan and ITcKeand.
Counselor Gamble reported on the matter of the claim of
Garden Properties , Inc. , for refund of the purchase price of a tax
lien which matter had been referred to him at the meeting of the Board
on Yovembe•r 10th. The following resolution, which was prepared by
Counsel, was moved by Justice Boyd, seconded by Justice Tessersmith
and upon roll call unanimously approved as follows
WHEREAS a claim has been presented by Garden Properties, Inc. ,
for a refund in the amount of $111.87, which represents a sale of a
tax lien covering 1930 taxes on Lot 5, Block 66, Section 6, which tax
lien was sold in the sale of 1931, and
�=RFAS it now appears that this lot belonged to one Paula
Winkle, who had paid the State , County , Town and District taxes due
thereon on April 30th, 1930, and the School taxes due thereon on
September 30th, 1930s, and
WHEREAS it would further appear that this lot was wrongly
sold due to an error in the name of Graykull Corporation so that the
lien so erroneously sold was not a good lien, and
WHEREAS the Westchester County Tax Act provides that in case
of such an erroneous and illegal sale the Town shall refund to the-
purchaser thereof the amount of the tax lien so purchased together with
interest on the same,
THTREFORE, BE IT
RESOLVED, that the claim of Garden Properties , Inc. ,
in the amount of X111.87 be and the same hereby is
approved and that the Supervisor be and he hereby
is authorized, empowered and directed to make payment
of the same and he and the Receiver of Taxes are auth-
orized, empowered and directed to cancel said sale on
their books of record accordingly and to show the said
lot in the name of Paula Winkle and the taxes as having
been paid.
A letter dated December 9th was received from Bernard Le Vino
of 385 Weaver Street ,Larchmont, requesting the cooperation of the town
in perfecting the title to his property on Weaver Street, in connection
- -- with the change of the street line on Weaver Street, occasioned by the
improvement of said highway. The matter was ordered referred to Counsel.
The Supervisor advised the Board that it would be necessary
too rent a safe deposit box in which to deposit the certificates totaling
;¢60,000.00 in which the $60,000.00 payment on the county sewer contract
had been invested. He recommended renting this box in the' First
National Safe Deposit Company Of TiOunt Vernon, N. Y.
Upon motion by Justice Boyd seconded by Justice Leeds,. it
,vas upon roll call unanimously
RESOLVED, that a safe deposit box in the First
National Safe Deposit Company of Mount Vernon,
New York, be rented by the Town of Mamaroneck
and that access thereto shall be had only by the
Supervisor and the Town Clerk jointly of the town;
and that the said Company be authorized to so
recognize as such officials those certified by
the Town Clerk of the town until further notice
and certification.
On motion of Justice Messersmith, seconded by Justice Burbank ,
the following preambles and resolution were adopted:
WHEREAS the $3,000. unpaid Maple Hills and Myrtle Avenue
Assessment Certificate No. 3-1933 authorized on July 19, 1933, against
unpaid assessments under Chapter 549 of the Laws of 1926 as amended
(Homer Avenue , Orsini Drive, Maple Hill Drive , and Myrtle Avenue and
Madison Avenue to Maxwell Street) matured on December 1, 1933, and
WHEMAS certain amounts of unpaid taxes have been collected
which may be applied to the payment of said Certificate of Indebtedness,
and
WHEREAS as of December 1, 1933, certain of said taxem and
assessments heretofore due were still outstanding and unpaid in excess
of the amount of $1500. and
WHEREAS the holder of said Certificate has agreed to renew
the same, provided a payment of $1500. is made in reduction of the
same plus interest to the date of maturity,
NOW, THEREFORE, BE IT RESOLVED:
Section 1. For the purpose of renewing said Certificate of
Indebtedness No. 3-1933 in the amount of $3 ,000. of the Town of Mamaroneck
dated July 1, 1933 and maturing December 1, 1933, the Supervisor is
hereby authorized to issue a new Certificate of Indebtedness in an amount
not exceeding X1500. pursuant to the following laws of the State of New
York as amended: the Town Law constituting Chapter 62, the General
Municipal haw constituting Chapter 24 of the Consolidated Laws, Chapter
105 of . the Laws of 1916 known as the Westchester 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 :
III Date - December 1, 1933.
2 Maturity- March 1, 1934.
3 Denomination - one of q§1500.
4 Interest - six per centum per annum
(5 Form - as determined by resolutions adopted January 4, 1933
and July 19, 1933.
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 determination of
which is not otherwise provided for and his signature upon said Certific -
shall be conclusive as to such determinations. The Supervisor is hereby
authorized to sell such Certificate at not less than par without advertise-
ment or public bidding and deliver the same to the purchamer upon receipt
5a��etBu g asetprice , plus accrued interest from the date of the Certia -
of delivery or in exchange for the surrender 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
$1500.
I
Section 3. Any instrument issued pursuant to this resolution
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 otherwise paid or payment pro-
vided 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.
Ayes: Burton, Boyd , Leeds , Messersmith and Burbank and Marvin
Noes : None
A letter dated December 8th was received from Special Counselor
J. Henry Esser, advising the Board that the two surety companies on the
bonds of Lanza and Johnson, respectively, have made a definite offer to
pay the town's claims for the years 1928 and 1929. He stated that the
total amount of the claims is $75r343.52. Of this amount, the New
Amsterdam Casualty Company, which bonded Johnson, offered to pay $2500.00
in cash. The National Surety Company, in re-habilitation, which furnished
the Lanza bond, offers to pay the balance of $4,843. 52, making up the full
amount of the claim.
Special Counselor Esser recommended the acceptance of these
offers as preferable to litigation.
Upon motion by the Clerk, seconded by Justice Burbank, it was
upon roll call, unanimously
RESOLVED that the recommendation of Special Counselor
J. Henry Esser as to the offers of the New Amsterdam
Casualty Company and th tNational Surety Company, as
above outlined, be and/lereby is approved and the offers
accepted, subject to conference between Special Counselor
Esser and Judge Messersmith.
The Clerk advised the Board that in the month of December it is
necessary for the Board to appoint a Dog Enumerator, in accordance with
the Agriculture and SI[arkets Law. He submitted the name of John C.
Forrar of 10 Wildwood Road, E-archmont, who, he said, had served as Dog
'numerator for the past two years and had done very successfully.
Upson motion by the Clerk, seconded by Justice Boyd , it was
unanimously
RESOLVED that John C. Forrar be and he hereby is appointed
Dog Enumerator of the Town of Iiiamaroneck, pursuant to
Section 108 of the Agriculture and Markets Law for the
year 1934.
The Board then proceeded to consider the budget estimates for
the year 1934.
At E;30 P.M. the Board unanimously resolved to recess to meet
again on Tuesday, December 19th, at 1 P. M. , to take up such matters as
might properly come before it.
Town C1 erk