HomeMy WebLinkAbout1934_02_17 Town Board Minutes x_ 31
SPECIAL 12F TING OF THE TOWN BOARD
TOWIT OF YAHAROITFCK, ITEW YORE
HELD FEBRUARY 17th, 1934
At the Town Offices < 118 West Boston Post Road, Yamaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch at
3 s30 P. 11.
Present : Su-oervi=or McCulloch
Councilmen Bates , Brennan, Griffin and Mleginniss
The presence was also noted of Town Attorney Delius.
The Board- interviewed George A. Leonard., a candidate for the
position of Building Inspector. No action was taken.
The Town Attorney presented a proposed bill, which he stated
he had drafted with the assistance of Assemblyman Rai-oh A. Gamble of
Larchmont, to be presented to the Legislature of the State of Nev; York
for adoption, which provided for the collection of State, County, and
Town taxes and./or assessments in installments in the year 19342 provided
the Town Board resolves to do so ; and also allowed for the redemption
of tax liens, now owned or hereafter purchased by the Toirrn, in install-
ments. The Town Attorney requested that this proposed bill be approved
by the Town Board and a certified copy of the resolution be presented
to the Legislature in connection with having the bill introduced and
enacted, into law.
Upon motion of Councilman Griffin, seconded by Councilman
Brennan, it was unanimously
RESOLVED, WIRREAS, it is considered desirable to obtain
authority from the legislature for this Board by resolu-
tion to provide for payment of State , County, and Town
taxes and/or assessments by installments during the year
1934, and
WHEREAS, in order to carry out such plan it is necessary
that enabling legislation be enacted into law by the
Legislature of the State of New York with the approval
of the Governor; and
WHEREAS.. a proposed bill has been prepared to be presented
to the Legislature of the State of New, York entitled "AN
ACT authorizing the Torn of Mamaroneck, Westchester County,
to provide for the collection of taxes levied for the year
1934 in installments. " which the Town Attorney has presented
to this Board for its approval;. therefore, be it
RESOLVED, that this Board do and hereby does approve the
aforesaid bill entitled "AN ACT authorizing the Town of
Vamatldneck, Westchester County, to provide for the collection
of taxes levied for the year 1934 in installments" so
presented and in the form drafted by the Town Attorney, and
herein respectfully requests the Legislature of the State
of New York to enact the same, and further, respectfully
requests the Governor of the State of New York to approve
the same when so enacted, so that the Town Board may have
- the poi=!er to provide for the collection of taxes and/or
assessments in installments and also the redemption of tax
liens, now owned or hereafter pur-chased by the Town, in
installments ; further
133
RESOLVED, that this Board consent to amendments being
made by the Legislature of the State of New York provided
same do not substantially or materially alter powers to
be conferred upon the Board as therein provided.
The following is a copy of the proposed bill:
AN ACT authorizing the Town of Mamaroneck,, Westchester County.
to provide for th= collection of taxes levied for the year
1934 in installments.
__. The Aeople of the State of New York represented in Senate
and Assembly do enact as follows -
Section 1. Notwithstanding the provisions of section 18 of
chapter 105 of the laws of 1916 as amended, known as the "Westchester
County Tax Act", the town board of the tovm of Mamaroneck in the County
of Westchester may by resolution duly adopted prior to April 30th, 1934,
determine that all state , county, town and town district taxes and/or
assessments levied pursuant to such chapter 105 of the laves of 1916 as
amended and/or pursuant to any other general or special law, which become
due and payable under such chapter on April lst, 1934, may be paid in
three installments, consisting of a first installment of sixty (60)
percentum, a second installment of thirty (30) percentum and a third
installment of ten (10) percentum as follows :
The first installment of sixty (60) percentum of such taxes
and/or assessments shall be paid at the time and in the manner and sub-
ject to the same penalties specified and provided in section 18 of such
chapter 105 of the laws of 1916 as amended for the annual collection of
taxes , and, provided the first installment shall have beer_ so paid or
shall be paid at the same time, the second installment of thirty (30(
percentum without penalty shall be paid. or, or before July 15th, 1934
and subject to the following penalties which are hereby prescribed for
neglect to pay such taxes and:/ or assessments and/or the second
installment thereof on or before July 15th, 1934. to wit: If paid be-
tween July 16th and July 31st, 1934, five (5) er, eentum9 if paid dur-
ing the months of August and September, seven per centum if paid
during the months of October, November and December, ten (10) per cent-
um; if paid thereafter, twelve (12) per centum up to the time of sale as
provided in such chapter 105 of the laws of 1916 as amendedvo and prov-
ided. the first and second installments shall have been so paid as
herefnabove provided nor shall be paia 'at the same time, the third in-
stallment of ;teh `(3Q:) -per ,Centum .nrithout penalty shall be paid on or
before October 15th, 1934, and subject to the follovaing penalties, which
are hereby, prescribed for the neglect to pay such taxes and/or assess-
ments and/or the third installment thereof on or before October 15th$
1934; If paid between October 16th and October 31st, 1934, to 0)
per centum if paid during the months of November and Decexriceen (lOj
per certum9 if paid thereafter twelve (12) per centum up to the time of
sale as provided in such chapter 105 of the laws of 1916 as amended.
Nothing herein contained shall prevent the payment of any
insFllment or installments of such taxes and/or assessments after the
time limited for the payment of installments w±hout penalties, subject
to the penalties hereinabove provided.
I
2. The acceptance of any such installment payments of such
taxes shall not be deemed to effect in any manner any right of said town
of Mamaroneck to enforce collection of the unpaid balances of taxes and/
or assessments which may remain due and owing to such town, by means of
the sale of tax liens pursuant to the provisions of sections 34 and 36 of
chapter 105 of the laws of 1916 as amended., or any other general or
special la-, or to take any other proceeding to enforce collection of
paid. balance of such taxes and/or assessments levied for the year
4 � tie vr ° tto nterist, penalties and other lawful charges
g f forec osure of such tax liens as provided in
such chapter 105 of the laws of 1916 as amended.
3. If' the town board of the toter; of Ellamaroneck shall by
resolution determine to collect taxes and/or assessments as herein-
above provided, the said town board may also by resolution provide for
the following discounts on installment payments : If' the third instail-
went of such taxes and/or assessments shall be paid on or before the
15th day of July, 1934, a. discount of two percent shall be allowed and
deducted from such installment, if the second installment of such
taxes and/or assessments shall be paid on or before the 30th day of
April, 1934, a discount of two per cent shall be alloyed and deducted
from such installment.
4. If the tot,;n board of the town of Mamaroneck in the county
of Westchester shall by resolution determine to collect taxes and
assessments in installments and/or allow a discount for advance install-
ments as hereinabove provided, if no provision for the same has been
made in the budget and in the event of any deficit arising solely from
such discount and/or the change in penalties for neglect to pay taxes
and/or assessments resulting from the passage of this act and the
resolution of the town board determining that taxes and/or assessments
be collected in installments as herein provided, the town board may
borrow upon certificates of indebtedness of the town, a sum not exceed-
ing such deficit, to be authorized and issued and sold by the Supervisor
in the same manner as other certificates of indebtedness are sold under
chapter 105 of the laws of 1916 as amended, which certificates shall
mature not more than one year from their date, and the principal and
interest of such certificates of indebtedness shall be included in the
next annual town budget.
5. Notwithstanding any of the provisions of chapter 105 of
the laws of 1916 as amended, or of any other general or special law,
the town board of the town of Mamaroneck, if it shall have heretofore
purchased , or shall hereaftdr purchase, tax liens in such town upon a
tax sale pursuant to the provisions of section 36 of chapter 105 of the
laws of 1916 as amended, may by resolution authorize the Receiver of
Taxes and Assessments to accept installment payments of not less tl^,an
ttr,*enty-dollars each, except the final payment in redemption of the
certificate of sale issued to and owned by the town. Such tax liens
shall be collected in the same manner and subject to the same interest
and penalties as provided in chapter 105 of the laws of 1916 as amended
except that interest and penalties shall be computed upon the unpaid
balance only from time to time , and exce-ot that by resolution of such
town board the Receiver of Taxes and Assessments may be authorized lbo
accept payment at a rate of interest, from date of sale to the date of
payment less than that provided in chapter 105 of the laws of 1916 as
amended but in no event at a rate of interest of less than six (6)
per centum per annum. The acceptance of any such installment payment
shall not be deemed to affect any right of the town to enforce collection
of the unpaid balance by means of foreclosure of such tax lien or other-
wise.
6. Anything herein contained shall not be *deemed to affect the
lien of the tax fo-r state, county, town and town district tax purposes
and./or the lien of assessments as provided in section 15 of charter 105
of the laws of 1916 as amended, and/or any other general or special law
to the extent that same remain unpaid, which lien shall attach to the
Property taxed on April let, 1934, to the same extent and in the same
manner as if this act should not have been passed. The pourers conferred
by this act are in addition to the power conferred upon the town board
of the town of Mamaroneck by chapter 105 of the laws of 1916 as amended
or by any other general or special law.
7. This act shall take effect immediately.
There then was a discussion regarding the procedure to be
followed by the Board at the Public Hearing on the budget set for
Tuesday. February 20, 1934.
Mr.. Brennan brought up the matter of a survey of liability
and casualty insurance which had been made by the Fred T. Wilson Corp.
Mr. Wilson and Ilr. Farl T. Quick were present and there was a dis-
cussion of the liability insurance which can be carried on sewer
operations including damage to persons and property as a result of
blasting° also regarding increase in coverage of public liability and
property damage on fire apparatus by omitting $50. deductible provision
which is now a feature of the policy covering fire equipment. I±.
Brennan was authorized to increase coverage on fire apparatus, provided
the additional premium was in the budget for this purpose. He was also
- - authorized to place public liability insurance upon the Public Welfare
Office with limits of X10,000, and 20x000. , and to pay the public
liability premium on the automobile Etisandford, employed in the Public
Welfare Office , in the event that she is unable to pay such herself.
Letters from Mamaroneck Past No. 11569 Veterans of Foreign
Wars , requesting an appropriation for the decoration of graves on
IUZemorial Day and also for the rent of Post Quarters were received and
plaeed En file.
The Town Attorney read a letter from the Larchmont Gardens
Association stating that at a meeting held on February 15th, this
association had approved the acquisition of the Larchmont Gardens
lake for park property, and also read a letter from Justice Yessersm.i.th
recommending that the lake be transferred from the Larchmont Gardens Club,
Inc. to the Larchmont Gardens Company who in turn could convey it to
the Park District. This matter otsreferred to Councilman Griffin and
the Town Attorney for action.
The Supervisor requested Councilman Griffin to investigate
the increase in, the staff of the Public Welfare Office , and make a
report.
At 6 P. M1 the Board unanimously resolved to adjourn.
rkepro®tem