HomeMy WebLinkAbout1936_01_20 Town Board Minutes 2 _7
SPECIAL MEETING OF THE TOWN BOARD
TOWN OF Y,AMARONECK, N. Y.
HELD JANUARY 20, 1936
At the Town Offices, 158 West Boston Post Road, Mamaroneck, FI. Y.
The meeting was called to order by Supervisor McCulloch at
8:15 P. it.
Present: Supervisor . Mc Culloch
Councilmen Bates, Brennan, Griffin.
Absent: Councilman Meginniss.
The presence was also noted of Town Clerk Marvin and Town
Attorney Delius.
The Board took note of the beautiful begonia plant which had
been presented by Peter C. Doern, Jr. , real estate agent, to the Town
on the occasion of the Town' s occupying its new quarters at 158 West
Boston Post Road, Mamaroneck. The Town Clerk was directed to express
to Mr. Doern the appreciation of the Town Board.
The minutes of the meetings of December 18th; December 20th,
December 28th, 1935, and January 2nd, January 4th and January 14th, 1936,
were approved as printed.
On motion duly made and seconded it was unanimously
RESOLVED , that the next regular meeting of this
Board be held on Friday, February 7, 1936, instead
of Wednesday, February 5, 1936, the usual meeting night.
Public 'Welfare Officer DeVinre presented a number of claims
-- submitted by Dr. Emil Verrilli, totalling $144,00 for medical services
rendered on the order of the Public Welfare Office. Mr. DeVinne stated
that these claims had been submitted by Dr. Verrilli more than six
months after the services had been rendered and hence were not reim-
bursibld by the State under the Wicks Law. The matter was referred to
Mr. Griffin for report and recommendation.
The Town Attorney reported that he had conferred with the
East River Savings Bank, Relator in three certiorari actions now
pending against the Town, and recommended that the proceedings be
settled and discontinued upon a reduction of the assessed valuations
in question. He added that the properties had been appraised at his
request by Thomas B. Sutton, Larchmont real estate broker, and that
isIr. Sutton' s appraisals were substantially in agreement with the re-
duced valuations and that Mr. Sutton had written a letter approving of
the terms of the settlement.
On motion by Mr. Bates, seconded by Mr. Griffin, it was
unanimously
RESOLVED, WHEREAS, the East River Savings Bank heretofore
obtained a writ of certiorari from the Supreme Court
of Westchester County on the 9th day of October,1935,
to review the assessment for the year 1935, taxes of
1936, upon the property owned by them as hereafter more
particularly stated, and
WHEREAS, the Board of Assessors of the Town of Mamaroneck
duly filed a return to said writ on or about the 30th
day of October, 1935, and
VTHEREAS, Honorable Samuel S. Slavitt was thereafter
appointed referee to take evidence relating to the
matters and things put in issue and report the same to
the Supreme Court and hearings are now pending before
said Honorable Samuel B. Slavitt, and
249
WHEREAS, the Town Attorney has recommended to this Board
that the proceedings be settled and discontinued, upon.
the reduction of the total assessed valuations as herein-
after stated, which reduction the Town Attorney states is
acceptable to the owner of the said property.
NO71T. THEREFORE, BE IT
RESOLVED, that the assessment for the year 1935 upon the
following properties as shown upon the 1935 Tax Roll be
reduced as follows:
Total Assessed Val. Reduced
Name Sec. Blk. Lot Shown on Tax Roll to
East River Savings Bank 6 63 8A) $ 70,000 $60,000
8B)
23B)
n rr rr rt 6 63 9A)
9B) 312500 25,000
74 &76)
6 63 15A)
15B) 28,000 22,000
98)
& 100)
provided that the certiorari proceedings for the year
1935, now pending, be discontinued;
FURTHER RESOLVED, that the Town of Mamaroneck pay to
Honorable Samuel S. Slavitt, one-half of his fees as
Referee for hearings held up to the date of the
discontinuance of this proceeding, not to exceed the
sum of Fifty (50.00) Dollars and also pay to the
stenographer one-half of his fees or charges for taking
testimony at the hearings held up to the date of the
discontinuance of this proceeding, not to exceed the
sum of Ten ($10.00) Dollars.
The Town Attorney stated that he had conferred with Hiram E.
Meeker as Receiver of The First National Bank in Mamaroneck and others
as Relators in certain certiorari actions now pending against the Town
and recommended that the proceedings be settled and discontinued upon
the reduction of the assessed valuations in question. He added that
the properties had been appraised at his request by Barney Epstein,
Mamaroneck real estate broker, and that Mr. Epsteinrs appraisals were
substantially in agreement with the reduced valuations.
On motion by !4r. Bates, seconded by Mr. Brennan, it was
unanimously
RESOLVED, I"JHEREAS, Hiram E. Meeker, as Receiver of the
First National Bank in Mamaroneck, Block Furniture
Company, Inc. , William T. Her;yn, Frederick H. Bull, Jr.,
and Mayfair Cleaners and Dyers, Inc. heretofore obtained
writs of certiorari from the Supreme Court of Westchester
County on the 11th day of October, 1935, to review the
assessment for the year 1935, taxes of 1936, upon the
properties owned by them as hereafter more particularly
stated; and
WHEREAS, the Board of Assessors of the Town of Mamaroneck
duly filed a return to said writs on or about the 18th
day of November, 1935; and
WHEREAS, Honorable Francis R. Doherty was thereafter
appointed Referee to take evidence relating to the
matters and things put in issue and report the same to
the Supreme Court and hearings are now pending before
said Honorable Francis R. Doherty; and
251
WHEREAS, the Town Attorney has recommended to this
Board that the several proceedings be settled and
discontinued, upon the reduction of the total assessed
valuations as hereinafter stated, which reduction the
Town Attorney states is acceptable to the owners of
said property; -
NON, THEREFORE, BE IT
_T- RESOLVED, that the assessment for the year 1935 upon
the following properties as shown upon the 1935 Tax
Roll, be reduced as follows:
Total Assessed Val. Reduced
Name Sec. Blk. Lot As Shown on Tax Roll To
William T . Herlyn 9 34 ? 25,000 $18$ 00
Frederick H. Bull, Jr. 8 101 10-14 129000 10,000
Mayfair Cleaners &
Dyers, Inc. 8 86 56, 27B, 380000 252000
28, 29
Block Furniture Co. 9 51 SA 371500 30,000
Hiram E. Meeker, Rec. 9 19 5A 35,000 no change
n n re n 9 49 7B 23, 000 17,500
rr H n It 9 20 4 10,750 7,800
ee ee :r n 9 50 2C,5B, 9 1501000 125,000
provided that the certiorari proceedings for the year
1935, now pending, be discontinued;
FURTHER RESOLVED, that the Town of Mamaroneck pay to
Francis R. Doherty, one-half of his fees as Referee
for hearings held up to the date of the discontinuance
of these proceedings, not to exceed the sum of Fifty
($50.00) Dollars and also pay to James O'Neil, the
stenographer, one-half of his fees or charges for taking
testimony at the hearings held up to the date of the
discontinuance of these proceedings, not to exceed the
sum of Ten (x410.00) Dollars.
The Town Attorney reported that he had conferred with Mr. L.
C. Stowell of Bonnie Briar Lane, Larchmont, Relator in certiorari pro-
ceedings brought against the Town of Mamaroneck, and set forth the
present status of the case. After discussion the matter was ordered
laid over.
Mr. Bates reported on the matter of the claim of Mr.. Edward
Van Schassen of Hawthorne Road, in the amount of $36.50 for reimburse-
ment of expenditures made by him in connection with a stoppage in his
sewer service line. He reported that he had investigated the matter
and found there was no liability on the part of the Town to reimburse
Mr. Van Schassen for the expense incurred by him. The Board unanimous-
ly accepted the report.
Mr. Griffin as Chairman of Welfare presented the annual report
of the Town Department of Public Welfare for the year 1935. He stated
that the report was unusually comprehensive and well prepared and that
it was deserving of very high commendation. The Supervisor also stated
that in his opinion the report was a splendid one and deserving of high
praise.
The report of the Welfare Officer for the month of December,
1935, was received and filed.
The report of the Receiver of Taxes for the month of December,
1935, was received and filed.
The report of the Building Inspector for the month of
December, 1935, was received and filed.
The report of the Building Inspector for the year 1935 was
received and filed.
n
�r,f;
The report of the Town Clerk for the month of December, 1935,
was received and filed.
The report of the Town Clerk for the year 1935 was received
and filed.
An undated letter was received from Cora L. Bowman, owner of
property on Rockingstone Avenue, concerning the disappearance of a stone
marker on her property. The matter was referred to Mr. Brennan.
A letter dated December 22, 1935, was received from the Title
& Mortgage Company of Westchester County, requesting the cancellation of
taxes shown as open on Section 1, Block 25, Lots 49B, 50 and 51, owned by
Edith E. Burbidge and located on Murray Avenue. The matter was referred
Attorney.
to the Town
The Torn Clerk called to the attention of the Board the fact
that in its resolution of April 4, 1934, designating The Chase National
Bank of the City of New York as a depositary for Town funds, the Board
had set forth the name of the Comptroller as W. Henry Hirschmann and
that since the present Comptroller is Wm. H. Fitzsimmons, it would be
in order to amend the resolution to that extent.
On motion duly made and seconded, it was unanimously
RESOLVED, that the resolution adopted by this Board
at its meeting on April 4, 1934, which resolution
among other things designates The Chase National Bank
of the City of New York as a depositary for Torn funds,
be and it hereby is amended so as to strike out from
said resolution the last paragraph thereof, to wit:
"FURTHER RESOLVED, that all checks drawn upon said
account shall be signed by Bert C. McCulloch, Supervisor,
and countersigned by W. Henry Hirschmann, Comptroller"
and that in place of said last paragraph there be in-
serted the following paragraph, to wit:
tF-URTHER RESOLVED, that all checks drawn upon said
account shall be signed by Bert C. McCulloch,
Supervisor, and countersigned by Wm. H. Fitzsimmons,
Comptroller".
A letter dated January 13, 1936, was received from Mrs. J. C.
Forrar of 10 Wildwood Road, Larchmont, requesting that a shade be out
on the street light in front of her house. The matter was referred to
Mr. Brennan.
A letter dated January 8, 1936, was received from Larchmont
Post No. 347, American Legion, approving of the appointment of Frank J.
Enright as Veteran Relief Officer. The letter was ordered filed.
A letter dated January 15, 1936, was received from Mamaroneck
Post No. 90, American Legion, approving of Frank J. Enright as Veteran
Relief Officer. The letter was ordered filed.
The Town Clerk reminded the Board that a letter dated
November 18, 1935, had been received at the meeting on November 20,
1935, from David Potts, Jr. Post No. 1156, Veterans of—Foreign Wars of
Mamaroneck, approving of Frank J. Enright as Veteran Relief Officer of
the Town of Mamaroneck.
On motion by Mr. Griffin, seconded by Mr. Bates, it was
unanimously
RESOLVED, WHEREAS, the three Veterans' organizations in
the Town of Mamaroneck, namely, David Potts Jr. , Post
No. 1156, Veterans of Foreign Wars; Larchmont Post
No. 347, American Legion; and Mamaroneck Post No. 90,
American Legion, have signified in writing their approval
of the designation of Frank J. Enright to handle Veteran
Relief in the Town of Mamaroneck in accordance with the
provisions of Article 14 of the Public Welfare Law;
w
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NOW, THEREFORE, BE IT
RESOLVED, that Frank J. Enright be and he hereby is
appointed Veteran Relief Officer of the Town of
Mamaroneck to succeed himself for the term of office
beginning January 1, 1936, to serve at the pleasure
of the Town Board.
A letter dated January 7, 1936, was received from George J.
p Mulcahy of 180 Palmer Avenue, Larchmont, concerning the scattering of
paper and other matter from garbage trucks. The matter was referred
to Mr. Brennan.
The Clerk presented a report signed by Mr. Meginniss prior
to
his departure art
ure for the South on the matter of the letter of Fire
Chief—LeVino dated December 30, 1935, which had been referred to
Mr. Meginniss by the Town Board at its meeting on January 2, 1936y
The letter notified the Board that the Fire Council, subsequent to
the death of Assistant Engineer John Madden and the employment of
Driver Gibson, both paid men in the department, had promoted Michael
Gallagher to the position of Assistant Engineer and Michael Harrington
to the position of Driver No. 1, subject to the approval of the Town
Board and requested that these men receive, effective January 1, 1936,
revised salaries commensurate with their new positions. The report
of Mr. Meginniss approved of the request of the Fire Council.
On motion duly made and seconded, it was unanimously
RESOLVED, that at the request of the Fire Council
the appointment of Michael Gallagher as Assistant
Engineer and Michael Harrington as Driver No. 1,
both paid men in the Town of Mamaroneck Fire Depart-
ment, be and it hereby is approved; and be it
— FURTHER RESOLVED, that effective January 1, 1936,
these men receive revised salaries commensurate
_ with their new positions in accordance with the Fire
Department budget.
A letter dated January 4, 1936, was received from Fire Chief
LeVino, notifying the Board of the appointment as volunteer firemen
of five men who have served a satisfactory probationary period and
also the appointment of one man as emergency driver, and requesting
the approval of these appointments.
On motion duly made and seconded, it was unanimously
RESOLVED, that on the recommendation of the Fire Council
the appointment of the following men as volunteer firemen
in the Fire Department of the Town of Mamaroneck be
and it hereby is approved, to wits
Arthur M. Brown
1.7illiam Lindale
Frank Lindale
Sydney Peters
William Merritt
and be it
FURTHER RESOLVED, that on the recommendation of the
Fire Council the appointment of Arthur M. Brown
as Emergency Driver be and it hereby is approved.
A letter dated January 4, 1936, was received from Fire Chief
LeVino submitting his Annual Report as Chief of the ,Fire Department
for the year ended December 31, 1935, together with an inventory of
all property of the Town located in the Fire Headquarters as of the
same date. The letter stated that the members of the Fire Department
appreciated the cooperative and understanding attitude adopted by the
Town Board as a whole and as individuals. The report and inventory
Y2 6
were ordered filed and the Clerk was directed to thank the Fire Chief
for the courteous and friendly expressions contained in his -letter and
to state that the Town Board appreciates the splendid work being done by
the Department and to assure the Department through the Chief that it
can count on the fullest cooperation of the Town Board in all matters
to the best interests of the Town.
A petition dated January 20, 1936, was received from the
Assessor requesting the correction of the assessment rolls in accordance
- with the provisions of Paragraph 5 of Chapter 105 of the Laws of 1916.
The Town Attorney recommended approval of the petition.
On motion by Mr. Griffin, seconded by ^ilr. Brennan, it was
unanimously
RESOLVED, WPEiiREAS, the Assessor has presented a petition
dated January 20, 1936, asking for certain corrections
in the assessment roll of the Town of Mamaroneck for the
years 1929, 1930, 1931, 1932, 1933, 1934 and 1935, pur-
suant to the provisions of Section 33 of Chapter 105 of
the Laws of 1916, as amended, in certain particulars which
would definitely appear from said petition presented to
this Board; and
1AMEREAS, it appears to this Board to be just and fair
that such corrections be made;
NO'*vl, THEREFORE, BE IT
RESOLVED, that the following corrections be made to the
assessment roll of the Town of Mamaroneck for the years
1929, 1930, 1931, 1932, 1933, 1934 and 1935 pursuant
to the provisions of Section 33 of Chapter 105 of the
Laws of 1916, as amended, to wit:
Under Paragraph 5 of the above mentioned section, property
now appearing as follows:
Sec. B11c. Lot Owner Land
9 105 68 Leewood Shaw $$ 7750
9 105 70 Leewood Shaw 8000
be corrected as follows:
Sec. Blk. Lot Owner Land
9 105 68A Robert H. wilie 3875
9 105 68B Leewood Shaw 3875
9 105 70A Leewood Shaw 4000
9 105 70B Robert H. Vvilie 4000
The Supervisor informed the Board that the agreement hereto-
fore entered into by the Town with Silas S. Clark whereby he was to
act as special collector of delinquent taxes for the Town had been
terminated but that Mr. Clark would continue to handle those foreclosure
actions which he had already started. The Supervisor presented a letter
from Tar. Clark dated January 16, 1936, which was ordered entered in the
minutes as follows:
January 16th, 1936
John L. Delius, Esq. ,
118 West Post Road,
Mamaroneck, N. Y.
Dear Jack -
I have prepared and enclose voucher for
services in the matter of uncollected items of tax
arrears and other services as recited, at a fee which
259
I believe will be satisfactory. The books of records
of unpaid taxes you have, the correspondence will be
delivered when called for, probably tomorrow.
By separate items, I am forwarding to you
checks to the order of the Receiver of Taxes for any
balance on hand where owners have been paying in
instalments with memoranda of the circumstances of
payment.
I am continuing with the foreclosure actions
.__ already commenced and shall, of course, push them through
as vigorously as possible. The arrangement for my fees
in such cases is to continue as before.
In the matter of the voucher for unpaid items,
I know that it will be borne in mind that the services
rendered include many not specifically detailed but
pertain to the general tax arrears situation in the Town.
my services are not being completely terminated
but I want to tell you again that I have enjoyed the
opportunity of working with you and with the Town Officials
in your efforts, which have been so successful, to clear
uo the financial condition of the Town of Mamaroneck.
Very sincerely yours,
SSC:LeS /s/ Silas S. Clark
The Town Attorney recommended that the Board rescind the
resolution passed at its meeting on September 26, 1934, concerning
the payment in instalments of taxes in arrears.
On motion duly made and seconded, it was unanimously
RESOLVED, WHEREAS, this Board heretofore and on the 26th
day of September, 1934, adopted a resolution providing
for the payment of taxes in instalments, pursuant to
Chapter 313 of the Laws of 1934, which provided in
substance that the Receiver of Taxes was authorized to
accept partial payments subject to the approval of
Silas S. Clark, in cases where he had been retained
for the purposes of collecting such taxes for the Town;
and
WHEREAS, the arrangement with said Silas S. Clark has
now been terminated;
RESOLVED, that the aforesaid resolution adopted
September 26, 1934) be rescinded and that no further
instalments of taxes or partial payments be received,
except as provided by resolution of this Board.
The Town Attorney stated that he had conferred with repre-
sentatives of Rockliffe Estates, owners of property on which the
Town holds tax liens, concerning the continuation of instalment pay-
ments by Rockliffe Estates on these liens and recommended that they
be permitted to continue these payments.
On motion by Mr. Bates, seconded by Mr. Brennan, it was
unanimously
RESOLVED, '�INHEREAS, Rockliffe Estates has offered to
pay certain tax liens, now owned by the Town of Mamaroneck,
which are as follows:
Sec. Block Lot Year of Sale Amount Interest
1 85 - 1934 $296.22 12%
1 85 - 1935 418.71 12%
1 87 1 1933 304.93 12%
1 87 1 1934 266.66 12%
1 87 1 1935 376.91 120
1 5 - 1933 778.12 12%
1 5 - 1934 680.29 127ec
1 5 - 1935 962.06 12% ,
in four equal instalments, the first of which has been
received by the Receiver of Taxes of the Town of Mamaroneck;
RESOLVED, that the Receiver of Taxes of the Town of
Mamaroneck be authorized to accept the payment of said
liens in four instalments, the first of which has been
received, the second to be paid on or before the 15th
of February, the third on or before the 15th of March,
and the fourth on or before the 15th of April;
FURTHER RESOLVED, that pursuant to the provisions of
Section 96-a of the Tax Law, as added by Chapter 313
of the Laws of 1934, interest and penalties shall be
charged against the unpaid balance only of said liens
and that the exceptance of any of said instalments
shall not be deemed to affect the rights and powers of
the Town of Mamaroneck in any general or special act
but such rights and powers shall remain in full force
and effect to enforce collection of the unpaid balance
of such tax lien together with interest, penalties
and other lawful charges.
The Town Attorney stated that a request had been made by
Jaques Bendien for permission to pay certain tax liens held by the
Town at the face amount thereof without interest. He recommended
_... approval of the request.
On motion duly made and seconded, it was unanimously
RESOLVED, WHEREAS, an application has been made by
Jaques Bendien for permission to pay certain tax liens
owned by the Town of Mamaroneck upon property known
as Section 8, Block 85, Lot 27, which liens were sold
to the Town at the annual sales held in the years
1906 to 1916 inclusive, at the face amount thereof,
without interest;
RESOLVED, that the Receiver of Taxes of the Town of
Mamaroneck is authorized to accept payment of the
following tax liens now owned by the Town of Mamaroneck
upon Section 8, Block 85, Lot 27:
Sale Tax Amount
1908 1907 $2.27
1909 1908 2.39
1910 1909 2.60
1911 1910 2.64
1912 1911 3.07
1913 1912 1.96
-= 1914 1913 3.04
1916 1914-15 5.17
upon condition that he pay the amount thereof within
thirty (30) days of the date of this resolution.
The Town Attorney stated that an application had been received
from Mamaroneck Council No. 2247, Knights of Columbus, verified on
December 29, 1935, requesting the Town to refund all or a portion of
certain taxes which were alleged to have been erroneously paid during
the month of December, 1935, by the Title & Mortgage Company of
Westchester County. He stated that letters dated December 5th and
R
December 30th had been received from Greenbaum, wolf & Ernst in
connection with the same matter, likewise requesting the Town to
refund these taxes. He recommended that since the taxes had been
paid they be not refunded by the Town.
On motion by Mr. Griffin, seconded by Mr. Bates, it was
unanimously
RESOLVED, that the request for a refund of taxes paid
in the month of December, 1935, on property known as
Section 9, Block o, Lots 22 and 23, owned by Mamaroneck
Council No. 2247, Knights of Columbus, be and it hereby
is denied.
The Supervisor stated that it would be in order to appoint
a clerk in the Office of the Assessor and said that Assessor James Pd.
Smith had recommended the appointment of Pars. Isabelle Stevens. After
discussion the matter was ordered laid over.
At 10: 50 P. M. the Board unanimously resolved to adjourn.
P
Town Clerk