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HomeMy WebLinkAbout1936_05_20 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, N. Y. HELD MAY 201 1936 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch at --- 8:20 P. bii. Present: Supervisor McCulloch Councilman Bates, Brennan, Griffin, Meginniss. The presence was also noted of Town Clerk Marvin and Town Attorney Delius. The minutes of the meeting of May 6, 1936, were approved as printed. The regular order of business was suspended in order to hear those persons who desired to address the Board. Mr. Charles Pd. Baxter, Jr. of Mamaroneck, addressed the Board and presented a petition dated May 20, 1936, on behalf of the Mamaroneck Federal Savings and Loan Association, requesting the installation of a water main for the entire length of Senate Place. Mr. William K. Fordyce of Mamaroneck, prospective purchaser of property which wou;d be served by the proposed main, also addressed the Board to request that the main be installed. The Supervisor stated that he had obtained from the Westchester Joint Water Works No. 1 an estimate of the cost of this main in the sum of approximately 1,500, the distance being nearly 500 feet. On motion by Mr. Griffin, seconded by Mr. Bates, it was unanimously RESOLVED, that the request for the installation of a water main on Senate Place, as. above set forth, be and it hereby is approved; and be it FURTHER RESOLVED, that the matter of appropriating the necessary money therefor be laid over for sub- sequent action. Mr. Solon Slater of Port Chester addressed the Board concerning an unpaid 1925 school tax in the amount of $12.42 on property owned by him described as Section 7, Block 15, Lot 10A. He stated that he had purchased the property at a Foreclosure sale in 1930 and that a search at that time failed to reveal the existence of this tax. The Board re- quested him to obtain an affidavit to that effect from the attorney who made the search. Mr. William J. Mallin of Larchmont, representing the Westchester Lighting Company, addressed the Board to request approval of a new con- tract covering treet lights in the Town for a period of five years at a g I lower rate than the contract now in force, which contract became effective January 16, 1935, and expires January 16, 1938. If the proposed new contract is accepted, he said, the existing contract would terminate and -- be cancelled. The proposed new contract, he added, would result in a saving of $1,100 a year over the existing contract. Otherwise the two contracts are identical, he explained. The Town Attorney reported that he had examined the proposed new contract and approved of it. On motion by Mr. Brennan, seconded by Mr. Bates, it was unanimously RESOLVED that the proposed new contract between the Westchester Lighting Company and the Town of Mamaroneck covering the matter of street lights, as referred to above, be and it hereby is approved; and be it j I FLIRT ER RESOLVED that the Supervisor and the Town Clerk be and they hereby are authorized, empowered and directed to execute said contract on behalf of the Town of Mamaroneck. The Supervisor stated that the Town Attorney had prepared a proposed contract between the Town and the Larchmont-Mamaroneck Humane Society, Inc. in accordance with the action of the Town Board taken at its meeting on April 15, 1936, whereby for the period April 1, 1936 to December 31, 1936, the Town would pay to the Humane Society the sum of $75.00 per month in return for which the Society would seize and care for unlicensed dogs and dispose of those dogs not redeemed by the owners, all in accordance with the provisions of Article 7 of the Agriculture & Markets Law. On motion by Mr. Griffin, seconded by Mr. Bates, it was unanimously RESOLVED that the proposed contract between the Larchmont-Mamaroneck Humane Society, Inc. and the Town of Mamaroneck covering the matter of the seizure and care of unlicensed dogs, as above re- ferred to, be and it hereby is approved; and be it FURTHER RESOLVED that the Supervisor and the Town Clerk be and they hereby are authorized, empowered and directed to execute said contract on behalf of the Town of Mamaroneck; and be it FURTHER RESOLVED that the contract be entered in full in the minutes as follows: THIS AGREEIENT, made and entered into this 1st day of April, 1936, by and between the Town of Mamaroneck, County of Westchester, State of New York, a municipal corporation created and existing under and by virtue of the laws of the State of New York, party of the first part, and the Larchmont-Mamaroneck Humane Society, Incorporated, a domestic corporation created and existing under and by virtue of the laws of the S tate of New York party o f the second part. WITNESSETH: That said party of the second part in consideration of the payment to it by the party of the first part, of the several sums of money hereby agreed to be paid at the time and in the manner herein- after more particularly described, hereby covenants and agrees for itself and its successors: FIRST: It will undertake through its duly appointed agents, the capture and impoundage of all dogs found unlicensed and running at large in the Town of Mamaroneck, County of Westchester, State of New York, in violation of the provisions of Article 7 of the Agri- culture and Markets Law (Chapter 48, Laws of 1922, as amended) relating to the licensing of dogs, and it will also provide proper food qnd shelter for such animals while in its possession until redeemed or otherwise disposed of. SECOND: It will provide and maintain a shelter for lost, strayed or homeless dogs, which shelter shall be in charge of a competent employee THIRD: It is understood and agreed by and between the parties hereto that this agreement shall commence on April 1st, 1936 and shall continue to the 31st day of December, 1936. I FOURTH: In consideration of the faithful and complete per- formance of the party of the second part of the terms of this agreement, the party of the first part, pursuant to the provisions of the law (Sections 120 and 123 of Article 7 of the Agriculture and Markets Law, Chapter 48 of the Laws of 1922, as amended) , hereby agrees to pay to the party of the second part the sum of $675.00 in monthly installments of 075.00 the first monthly installment of $75.00 to be paid on the 30th day of April, and like installments to be paid on the last day of each succedding month, and ending on the 31st day of December, 1936. IN WITNESS WHEREOF, the party of the first part has caused these presents to be signed by the Supervisor and seal of the Town to be hereto affixed, and the party of the second part has caused these presents to be signed by its President and its corporate seal to be hereto affixed the day and year first above written. TOWN OF MAMARONECK B ATTEST: Supervisor Town Clerk LARCHMONT-MAMARONECK HUMANE SOCIETY, INC . By President Mr. Brennan reported progress in the matter of negotiating a contract with the Village of Scarsdale for use by the Town of Mamaroneck of hydrants owned by the Village along the Mamaroneck-Scarsdale boundary line. The Town Attorney reported on the offer of Bonded Municipal -- Corporation to purchase a tax .lien for the year 1930 on property known as Section 6, Block 58, Lot 2 with interest at 6 per cent, which matter had been referred to him by the Town Board at its meeting on April 15, —" 1936. After discussion it was upon motion by -,Mr. Brennan, seconded by Mr. Bates unanimously RESOLVED that the request of Bonded Municipal Corporation to purchase a tax lien, as above set forth, be and it hereby is denied. The Town Attorney reported on the matter of the claim of C. Dewitt Rogers for a refund of 1936 taxes paid by him on property known as Section 7, Block 72, Lots 1 and 2, which matter had been referred to the Town Attorney at the meeting on May 6, 1936. The claim was based on a clerical error by the previous Board of Assessors and in the opinion of the Town Attorney did not represent a valid claim against the Town. A report on this matter by the Assessor, dated May 19, 1936, set forth that the mistake occurred in a notice sent to Mr. Rogers and not in the assess- ment roll and that the notice itself had been sent to Mr. Rogers as a matter of courtesy and not because required by law. On motion by Mr. Bates, seconded by Mr. Griffin, it was unanimously RESOLVED that the claim of C. DeWitt Rogers above referred to be and it hereby is denied. Mr. Brennan reported that the complaint of Mrs. Edward S. Cornell concerning the untidy condition of property in the rear of Chatsworth Gardens Apartments, which matter had been referred to him by the Town Board at the meeting on May 6, 19362 had been investigated and the condition complained of had been remedied. Mr. Bates reported progress in the matter of obtaining sewer and drain easements for the Robertson and Eager properties. Mr. Meginniss presented the Supervisor' s financial reports for the period. January 1, to April 30, 1936, which were ordered filed. Mr. Meginniss presented the report of the examination as of December 31, 1935, of the Westchester Joint Water Works, No. 1 as pre- pared by Eckes & Dean, the auditors of the Water Works. This report was ordered filed. A letter dated May 18, 1936, was received from Helen R. Kemper thanking the Board for the action which it had taken at its meeting on May 6, 1936, with reference to an unpaid tax of long standing on her property. The letter was ordered filed. - A letter dated May 110 1936, was received from Ethel Hirschman of New York, requesting "some relief on the penalties and past interest" on unpaid taxes owed by her on property known as Section 8, Block 46, Lot 1. The matter was referred to the Town Clerk to secure additional information concerning these taxes. A letter dated May 15, 1936, was received. from Orson A. Raynor requesting the Town Board to _furnish, through The Daily Times information as to the cost of the W. P. A. projects in progress in the Town and the amount the Town is contributing to each of these projects. The Clerk was directed to reply that the Citizens' Advisory Welfare Committee and the members of the Town Board are now gathering the information which he desires and that as soon as this information has been compiled, it will be re- ported to the public and he will receive a copy of the report. The following letter was received from the Board of Education of Union Free School District No. 1 of the Town of Mamaroneck and ordered entered in the minutes: May 6, 1936 Hon. Walter R. Marvin, Jr. , Town Clerk Mamaroneck, New York -- Dear Mr. Marvin: In accordance with the provisions of Section 250 of the Education, Law, I hereby advise you that at the election held in this district today, the following persons were elected for a term of three years beginning the first. Tuesday in July, 1936: Helen J. Scofield, 137 Beach Avenue, Larchmont Frank M. Totton, 251 Murray Avenue, Larchmont Cordially yours, /sl K. G. Van Sciver Clerk Three petitions dated May 19, 1936, were received from Assessor James M. Smith, requesting the Town Board, pursuant to Section 33 of the Westchester County Tax Act, to correct the assessment rolls for certain years in respect to certain taxes as more fully set forth below. On motion duly made and seconded it was unanimously RESOLVED, WHEREAS the Assessor has presented a petition dated May 19, 1936, for the correction of the assessment roll for the year 1935, taxes of 1936, pursuant to the provisions of Section 33 of Chapter 105 of the Laws of 1916, as amended, known as the Westchester County Tax Act; and WHEREAS after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED that the assessment roll for the year 1935, taxes of 1936, which shows property now appearing on the rolls as follows: Assessed Value Sec. Blk. Lot Owner Land Improvement Total 7 10 2OC-21 Landslawn Corp. $10,200 $ 150000 $25,200 be corrected as follows, in accordance with the provisions of Subdivision 5 of said Section 33: Assessed Value Sec. Blk. Lot Owner Land Improvement Total 7 10 20C Paul Terry $ 12050 - $ 1,050 7 10 2OD-21 Larchmont Nat'l Bank, 9,150 $15,000 $24,150 Rec. of On motion duly made and seconded it was unanimously RESOLVED, WHEREAS the Assessor has presented a petition dated May 19, 1936, for the correction of the assessment roll for the year 1914, taxes of 1915, pursuant to the provisions of Section 33 of Chapter 105 of the Laws of 1916, as amended, known as the Westchester County Tax Act; and WHEREAS after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED that the assessment roll for the year 1914, taxes of 1915, which shows property now appearing on the rolls as follows': AssessedValue Sec. Blk. Lot Owner Land Total Now 5 14 65(old) 4 66(old) 5 1%. R. Collins $1200 $ 1200 Part 67(old) 6 be corrected as follows, in accordance with the provisions of Subdivision 5 of said Section 33: Assessed Value Sec. Blk. Lot Owner Land Total 5 14 4Af5A Annie K. Dillon $ 300 $ 300 (part 65-66) 5 14 4B-5B-6A VJm. R. Collins 900. 900. (part 65-66-67) On motion duly made and seconded it was unanimously RESOLVED, WHEREAS the Assessor has presented a petition dated May 19, 1936, for the correction of the assessment roll for the year 1924, taxes of 1925, pursuant to the provisions of Section 33 of Chapter 105 of the Laws of 1916, as amended, known as the 'Westchester County Tax Act; and WHEREAS after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll; NOW ' THEREFORE, BE IT RESOLVED that the assessment roll for the year 1924, taxes of 1925, which shows property now appearing or, the rolls as follows: Assessed Value Sec. Blk. Lot Owner Land Total 7 15 10 Peter Nelson 0131000 $1,000 be corrected as follows, in accordance with the provisions of Subdivision 5 of said Section 33: Assessed Value Sec. Blk. Lot Owner Land Total 7 15 10A Solon E. Slater $ 630 $ 630. 7 15 10B H. Rindfleish & W 185 185 7 15 10C A. Judge & ''W 185 185 The Town Attorney stated that two requests had been received for permission to pay taxes for years prior to 1916 at the face amount thereof without interest, in accordance with actions heretofore taken by the Town Board in other and similar cases. He said that he had examined these applications, had found them to be correct and recommended approval thereof. On motion by Mr. Meginniss, seconded by Mr. Griffin, it was unanimously RESOLVED, 'vVHEREAS the Town Attorney reports that - he has examined certain applications for permission to pay taxes for years prior to 1916 without interest, the liens on which taxes are held by the Town; and WHEREAS the Town Attorney and the Assessor recommend approval of these applications; and WHEREAS the Town in other and similar cases has granted permission to property owners to pay taxes for Y ears prior to 1916 without interest; NOW, THEREFORE, BE IT RESOLVED that the Receiver of Taxes and Assessments be and he hereby is authorized to accept payment of taxes as set forth below at the face amount of the liens held by the Town without interest, provided payment in each case be made within thirty days, to wit: Property Year of Year of Owner Sec. Blk. Lot Tax Sale Total M. K. Hornbach 8 91 10 1912 1913 $1.35 Walker and Forbes, 8 69 8 1894 1895 3.15 Inc. 1906 1907 2.96 - The Supervisor reported informally to the Board on the matter of the costs of IN. P. A. projects now in progress in the Town. He designated ed Mr g Me inniss to serve as chairman of the W. P. A. activities g in addition to the other duties heretofore assigned to him. The Town Attorney reported that owing to the pressure of other work occasioned by the litigation in which the Town is at present in- volved, he had been unable to prepare the necessary advertisement and resolutions in connection with the public hearing on the five amendments to the zoning ordinance, the date for which hearing was set by the Town Board at its meeting on May 6, 1936, as June 3, 1936. The Board decided not to hold the hearing on June 3 and to consider the matter further at its next meeting and to rescind to that extent the resolution adopted on May 6, 1936. The Supervisor reported that a sixty per cent payment of the State and County taxes due on May 25, 1936, had already been paid. The Town Attorney reported concerning the foreclosure action instituted by the Town in respect to property owned by Mrs. Fannie Kusell known as Section 1, Block 55, Lots 31 to 38 inclusive. He stated that it would probably be possible to settle the proceeding in accordance with the terms set forth in a resolution which he had prepared and which he thereupon submitted. The following resolution as submitted by the Town Attorney was thereupon duly moved, seconded and unanimously adopted, to wit: - WHEREAS Fannie Kusell as owner of premises known as Section 1, Block 55, Lots 31 to 38 inclusive, heretofore has applied to this Board for permission to compromise certain taxes due upon said property as represented by transfer of tax liens purchased by the Town of Mamaroneck at the sales held May 27th, 1925 and May 26th, 1926, respectively, on the ground that Santo Lanza, formerly Receiver of Taxes for the Town of Mamaroneck, furnished information and a search from which it appears that he represented that such taxes were paid; and WHEREAS proceedings have been commenced to foreclose the lien as represented by tax liens now owned by the Town of Mamaroneck in which proceedings Fannie Kusell as a defendant has interposed an answer, pleading payment and tender of payment based upon the statement so furnished by Santo Lanza as aforesaid; and WHEREAS upon the trial of this action it appeared that the said Santo Lanza did furnish to the Westchester Title and Trust Company, representing Fannie Kusell, a search or certificate apparently showing that the tax liens purchased by the Town of Mamaroneck in the years 1925 and 1926, so far as they affected Lots 36, 37 and 38 were paid; NOW, THEREFORE, BE IT RESOLVED, that Silas S. Clark the attorney of record in the foreclosure proceedings be authorized to settle and discontinue the aforesaid foreclosure proceedings upon receiving from Fannie Kusell, payment of the tax liens owned by the Town of Mamaroneck and purchased in the years 1925 and 1926 upon Lots 36, 37 and 38 with interest thereon up to and including the 10th day of May 1927 and also pay the amount of such liens so purchased by the Town of Mamaroneck in the years 1925 and 1926 representing taxes upon Lots 31, 320 33, 34 and 35 in said Section 1, Block 55, in full with interest and penalties up to date of payment, all of such payments to be made on or before the 1st day of June, 1936; and in addition a sum not to exceed $250.00 to cover expenses of the foreclosure pro- ceedings. At 11:05 P. M. the Board unanimously resolved to adjourn. Town Clerk