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HomeMy WebLinkAbout1937_08_04 Town Board Minutes REGULAR MEETING OF TI7E TOWN BOARD TOWN OF MAMARONECK, N. Y. HELD AUGUST 4. 1937 At the Town Offices, 158 _West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor vicCulloch at 8: 30 P. TaI. Present = Supervisor 2;4cCulloch Councilmen Bates, Brennan, Griffin, Yeginniss Absent : None The presence was also noted of Town Clerk Marvin, Town Attorney Delius, Assessor Smith and Mr. Finson of the Town Welfare Department . Mr. Griffin reported on welfare matters, saying that the case load in July was 210 compared with case load_ of 248 in June at an expense in July of $7,525.43 compared with °j>8,469.81 in June. The Supervisor reported that he was endeavoring to expedite the collection of tax arrears and that a letter had been sent to every delinquent taxpayer owning property in Sections 1 to 5 inclusive. He said that he had designated certain parcels on which foreclosure pro- ceedings would shortly start . The regular order of business was suspended in order to hear Yr. Edwin S. Diamond of the Chatsworth Coal and Supply Company, who desired to address the Board. Mr. Diamond requested Company be permitted to pay the 1936 in the face amount thereof perty owned by said company loc of taxes involved, he said, was that the Chatsworth taxes for the years without interest or a.ted in Section 6 . .$2,455. 74. Coal and Supply 19341 1935 and penalties on pro- Che total amount After considerable discussion the -matter was laid over for further consideration. There being no other persons present who desired to address the Board, the regular order of business was resumed. On motion by IVIr. Griffin, seconded by Mr. Bates, it was upon roll call unanimously RESOLVED, that pursuant to Section 96A of Chapter 62 of the Laws of 1909 as amended the Town Board of the Town of Mamaroneck does hereby authorize and empower the Receiver of Taxes of the Town of Mamaroneck to collect the 1937 school taxes for Union Free School District No. 1 in the 'Town of Mamaroneck, which, under the provisions of Chapter 105 of the Laws of 1916 as amended, known as the Idestchester County Tax Law, become a lien and are payable on September first, 1937, in two partial payments etch amounting to fifty per cent (500) of any such school tax as levied; FURTHER RESOLVED, that the Receiver of 'Taxes of the Town of Mamaroneck is authorized and_ empowered to receive the payment of such partial payments or instalments of the 1937 school taxes for Union Free School District No. 1 in the Town of Mamaroneck at any time but subject to the same penalties as are specified and provided, in Section 13 of Chapter 105 of the Laws of 1916 for the neglect to pay the total amount of the school taxes after the levy thereof; FURTHER RESOLVED, that the acceptance of any such partial or instalment payment of the 1937 school taxes for Union Free School District No. 1 in the Town of Mamaroneck shall not be deemed to affect in any manner any right of the Town of Mamaroneck under any general or special Act, to enforce collection of the unpaid balances of such taxes as may remain due and owing to said Town, but such rights and powers shall remain in full force and effect to enforce collection of the unpaid balance of such school taxes, together with interest, penalties and other lawful charges. On motion by Mr. Griffin, seconded by Mr. Bates, it was unanimously RESOLVED, that this Board do and it hereby does designate The Daily Times, a daily newspaper published in the Village and Town of Bamaroneck, The Larchmont Times, a weekly newspaper published in the Village of Larchmont and Town of Mamaroneck, and The Herald, a weekly newspaper published in the Town of Hamaroneck, for the purpose of publishing the notice of the collec- tion of 1937 school taxes as required by law; and be it FURTHER RESOLVED, that said notice be published in The Larchmont Times on Thursday, August 19, 1937' and in The Daily Times and The Herald on Friday, August 20, 1937; and be it FURTHER RESOLVED, that in accordance with the provisions of Section 26 of the lNestchester County Tax Act, the Town Board do and it hereby does direct the Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Receiver of Taxes and Assessments, a tax bill for 1937 school taxes, the expense thereof to be a town charge, The Town Attorney reported on the outcome of the condemna- tion proceedings undertaken by the Town to acquire certain lands for right-of-way purposes required in the construction of a parallel route to the Boston Post Road known as County Road No. 67-2e He said that the total area taken by the Town amounted to about 21,000 square feet; that the commissioners in condemnation have submitted their report placing a value of twenty-five (25�) cents a square foot on the land taken by the Town, together with the sum of about $1,700 for slope rights and that they declined all consequential damages. The findings, he said, are very favorable to the Town and he recom- mended that the Town authorize him to move to confirm the report. On motion by Mr. 1,4egin iss, seconded by IVr. Bates, it was upon roll call unanimously RESOLVED, that on the recommendation of the Town Attorney, the Town Board authorize him to move to confirm the report of the commissioners in condemnation, as above set forth. The Town Attorney reported to the Board that the Referee in the certiorari action in respect to the roll of 1936, tax of 1937, instituted by the Larcrsmont Shore Club, was asking a fee of $100. The Larchmont Shore Club has agreed to pay one-half of this amount if the Town will pay the other half. He stated that he re- cormnended the payment of this amount by the Town. The action never went to trial, he added, because the Town agreed to settle and dis- continue the action on the basis of the Referee ' s report in a certiorari action brought by the same club in respect to the same pro- perty against the Village of Larchmoht, which action did go to trial. Upon motion of Mr. Brennan, seconded by Mir. Griffin, it was upon roll call unanimously RESOLVED that the payment the fee of $100 asked by certiorari action brought Club against the Town in by the Town of one-half the Referee in the by the Larchmont Shore respect to the assessment roll for the year 1936, tax of 1937, on the re- commendation of the Town Attorney be and it hereby is approved. The Town Attorney reported by the Town of certain tax liens held by the Supervisor. He said that he certain parcels for foreclosure, all had been written to and most of whom on the matter of foreclosures by it and referred to above and the Supervisor had selected twelve of the owners of which have failed to reply to the letters. On motion by Mr. Bates, seconded by Mr. Brennan, it was upon roll call unanimously RESOLVED, that the Town Attorney be and he hereby is authorized, empowered and directed to have last owner searches made, to serve notices to redeem upon and to institute foreclosure proceedings against the owners of the following described properties, to wit: Section Block Lot 1 67 1 to 10 incl. 1 80 24 to 28 Incl. 1 80 1,293,4,5, 9,10,11,12,13 1 65 58 to 62 incl. 1 80 637323 1 37B 219,2203221 1 25 54,55 5 7 1,23314 4 11 7,8 1 52 3,5,19,20,21228,29,30031 32,33536937 1 54 33 1 59 29395;6, 4, 10911912,15916, 25926;29330931,329339379 38939, 41 1 70 1B, 2B, 3B,4 1 51 7910911912913,14915,169179 18919 1 67 15 to 19 Incl. 1 67 20921-23929, 30931932933934 1 67 27 and 28 1 52 9 1 59 27928 A letter dated July 22, 1937, was received from Fred H. Rubin, attorney of Mamaroneck, concerning a tax for the year 1876, sale of 1877, on property known as Section 9, Block 57, Lots 26, 27 and 28. Mr. Rubin submitted a letter from Louis Renz, title searcher, dated July 21, 1937, a letter from the Fidelity Title and Guarantee Company dated July 22; 1937, and a letter from the intercounty Abstract and Searching Company, inc. , dated July 21,1937, all testifying that the tax lease covering this property was merged in the fee by virtue of a certain deed recorded July 7, 1896 in Liber 1431, cp 477. The Town Attorney recommended that the tax be canceled of record. On motion by ➢4r. Bates, seconded by Mr. Brennan, it was upon roll call unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is directed to cancel a tax for the year 1876, sale of 1877, on property known as Section 9, Block 571 Lots 263 27 and 28. The Town Attorney presented an affidavit signed by Mamie Mazzeo Miano, verified July 22, 1937, requesting the cancellation of a tax lien covering taxes for the year 1934, sale of 1935, affect- U ing property described as Section 2, Block 36, Lots 28 and 29, on the grounds that said lien is now fully satisfied and paid and that she was unable to produce the original transfer of tax lien No. 257, because she had lost same. Accompanying her affidavit was a certi- ficate from Community Investors, Inc. , holder of said tax lien, stat- ing that it had been paid and consenting that it be discharged of record. On motion by Mr. Brennan, seconded by lalr. Bates, it was unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is directed to cancel a tax lien covering taxes for the year 1934, sale of 1935, affecting property known as Section 2, Block 36, Lots 28 and 29. The Supervisor stated that the re-surfacing of Fenimore Road in the Village of Mamaroneck from Palmer Avenue to Waverly Avenue would be undertaken as a W. P . A. project with the County of Westchester as sponsor, provided the Town Board adopted the necessary resolution therefor. On motion by Mr. hleginniss, seconded by Alr. Griffin, it was upon roll call unanimously resolved WHEREAS, there has been approved to the State Office of the Federal Works Progress Administration, moneys of Federal Works Progress Administration allocations to the County of 'Westchester for various improvements and projects in addition to projects specifically approved, and WHEREAS, in order to secure the approval of funds under the rules and regulations of the Federal Works Progress Administration for area-wide or town or village projects standing in the name of the County, it is necessary that the County be designated as sponsor, and P , WHEREAS, the Board of Supervisors of the County of Westchester on the third day of May, 1937, duly adopted a Resolution agreeing to assume the sponsor- ship for the towns and/or other political subdivisions of the County of Nestchester of projects to be operated under the Federal Works Progress Administration as applied for under certain area-wide or town or village projects approved or to be approved upon the conditions set forth in the said Resolution, which is made a part hereof by reference thereto, with the same force and effect as if a copy thereof was hereunto annexed, and WHEREAS, an application has been duly made pursuant to the rules and regulations of the Federal Works Progress Administration for an allotment of funds in the approxi- mate sum of Twenty Thousand Five Hundred Eighty-Two Dollars and Twenty Cents ($20, 582.20) for the following improvement project to wit: Construction of Pavement on Fenimore Road, Town of Mamaroneck, and WHEREAS, in and by such application it appears that the cost to the Town of Mamaroneck as sponsor will amount to approximately Eleven Thousand One Hundred. Forty-Nine Dollars and Sixty Cents ($""11, 149,60) and the allotment sought will amount to approximately Nine Thousand Four Hundred Thirty-Two Dollars and Sixty Cents ($9,432,60) , and WHEREAS, the County of Westchester will be put to expense in connection with the preparation of various forms and estimates on the foregoing project, in the amount of approximately One Hundred and One Dollars, ($101. 00) , and WEEREAS, it is a condition precedent to the approval of the project and the allotment of moneys therefor and of the County acting as sponsor, that the Town of Mamaroneck assume the obligations in the Resolution hereinafter set forth, NOW, THEREFORE, it is RESOLVED, that the Torun of Mamaroneck does hereby request, authorize and designate the County of destch.ester to act as its sponsor for the above project, and it is FURTHER RESOLVED, that the Town of Mamaroneck does hereby agree to a) Assume full responsibility for all of sponsor' s contributions on all of the projects applied for. b ) Assume full responsibility for the results accomplished on all such projects when completed and operated. c ) Assume full responsibility for the completion of any work remaining unfinished if, as, and when federal funds allocated to such work or project shall be in- adequate to fully complete the same . d) Pay the cost of all overhead placed upon the County in arranging for carrying on and completion of such work program and projects and for such sponsorship, not exceeding $101.00, and it is F07RTFER RESOLVED, that the 'Town of Mamaroneck enter into a contract with the County of 'd'lestchester in accordance herewith and with the aforesaid Resolution of the Board of Supervisors, and the Supervisor of the Town of Mamaroneck and the Town Clerk thereof are hereby authorized and directed to execute the same on behalf of said Town of Mamaroneck and affix the seal thereof thereto. A letter dated July 23, 1937, was received from the Chatsworth Coal and Supply Company, Inc. concerning the supplying of coal to the Town for welfare purposes. A letter dated Julv 30, 1937, referring to the proposition of the Chatsworth Coal Company was received from Public 'Welfare Officer. DeVinne . After discussion the matter was referred back to the Public Vu'elfare Department . The report of the Receiver of Taxes and Assessments for the month of July was received and filed. The report of the Public Welfare Department for the month of July was received and filed. The report of the Building Inspector for the month of July was received and filed. The report of the Town Clerk for the month of July was received and filed. The Town Clerk said that he had been requested by the Receiver of Taxes and Assessments to request the Town Board to pass the customary resolution waiving interest on a tax lien held by the Town in respect to taxes levied prior to 1916 . On motion duly made and seconded, it was unanimously M RESOLVED, that in view of the action taken by the Town in other and similar cases, the Receiver of Taxes and Assessments be and he hereby is authorized to accept payment of the tax for the year 19139 sale of 1914, in the face amount of the lien held by the T own, namely; 23.03, on property described as Sec- tion 3, Block 18, without interest. A letter dated August 2, 1937, was received from Edward Petigor, concerning a proposed road adjoining property owned by iiorris Petigor. The natter was referred to the Town Attorney. The minutes of July 21, 1937, were approved as submitted. At 10, 20 P. 1 1. the Board unanimously resolved to adjourn. Town Clerk