HomeMy WebLinkAbout1932_11_16 Town Board Minutes h0a•
REGULAR MEETING OF THE TOWN BOARD
TOWN CF MAMAR0NECK, 11EW YORK
HELD November 16th, 1932
at the Town Offices , 118 West Boston Post Rd. Mamaroneck
The meeting was called to order by Supervisor Burton
at 9:35 P. M.
Present : Supervisor Burton
Justices Boyd, Leeds , Messersmith and Burbank •
Town Clerk Marvin
The presence 'was also noted of Counselor Gamble:
The regular order of business was suspended in order to
hear those present who wished to address the Board,
Mr. E. .C , Griffin, Chairman of the Larchmont Unemployment
Relief Bureau, addressed the Board and requested an appropriation of
X300. 00 toward the operating expenses of. this bureau for the year
1933. He reminded the Board that it- had made a similar appropriation
for the year 1932 and added that the Village of Larchmont has al-
ready made an appropriation of like; amount for the same purpose.
Upon motion by Justice Messersmith, seconded by the Clerk
it was upon roll call unanimously
•
RESOLVED, ' that the sum of .300. 00 be and it
II
hereby is appropriated for ,the operating
expenses of the Larchmont Unemployment Relief
Bureau for the year 1933 and that this amount
be placed in the 1933 budget:
Mr. Griffin thanked the Board for its consideration of
his .request:
•
Special Counselor J. Henry. Esser addressed the Board and
presented a written report in regard to the recovery upon the
shortage in the account of Santo Lanza, Receiver of Taxes. The
Clerk read the report -which is as follows :
J. Henry Esser
Mount Vernon, N. Y.
,November 16th, 1932
•
Town Board,
Town of Mamaroneck,
Mamaroneck, N. Y.
Gentlemen:
II
With reference to the recovery upon the shortage in the
account of Santo Lanza, Receiver of Taxes , I make you the follow-
ing report and recommendations.
I present to you herewith for your approval two separate
claims against. .the sureties for Santo Lanza and George Johnson,
each for the full amount of their respective bonds. The Lanza bond,
as you know, is for ;, 20, 000. and the Johnson bond is for 112,500,
making a total of t32,500. That part of the shortage upon which
these claims are based .is ;46, 293.44, which was taken from the State
Comptroller's report, and checked by his representatives. Your re-
solution of approval should also authorize the commencement of action
upon these claims unless promptly settled. Therefore , if we recover
in full upon these bonds, there will still remain a shortage upon
these items of 113, 793®44
r
287
In addition to the foregoing claims against the sureties,
however, the Town has a claim for $7 , 792. 90 besides. interest,
against the First National Bank & Trust Company, or whatever agency
may at this time be responsible for its obligations. This claim was
also reported by the State Comptroller, and the .amount thereof in-
cluded . in the shortage , in addition to the amount represented by the
claims against the Surety Companies , is based on three checks of Bond-
ed Capital Corporation given to Lanza in payment of the purchase of tax
liens. These checks were all made payable to Lanza . as Receiver of
Taxes but were collected by the bank and disbursed through Lanza' s
personal account for which the bank had no authority and which, in
my . opinion, created an absolute liability in favor of the Town.
These three checks areas follows as to date and amount :
May 27, 1930 02,500. 00
May 28 , 1930 1,632.25
• June 4 , 1930 3, 660.65
With reference . to this latter. claim, "I advise you that
I took up this matter informally with one of the -directors of the
present bank and upon his adiv.ee sent a formal communication to the
present successor bank. I did this in the belief that there was an
absolute liability on the part of the former bank which the present
bank would desire to liquidate in some manner on behalf of whoever
may be legally liable to the Town.
I received a formal communication from the attorney for
these people which indicates that they desire to contest the
claim and therefore I ask for your approval to take such steps and
commence such action as may be necessary to collect this amount.
At this. time I also inform you that the State Comptroller ,
upon your request , conveyed by the Supervisor, has authorized his
representatives to_ continue their investigation and audit back
further than January, 1930 so as to establish definitely the amount ,
if any, of any defalcation prior to the period theretofore investig-
ated and included. in the report. I am advised _that the investigators
will commence this newly assigned task on or about-Monday, November
twenty-first: Of course , any shortage reported for such earlier
period will be recoverable by the Town upon bonds furnished for that
period. -
At a later date I shall take the liberty of communicating
with you as to the method of making up any difference between the
amount collected from the Surety Companies 'and -the face of the
shortage , -at which time I shall also advise you as to the Hirshstein
claim which you have referred to me in connection with this matter.
Very truly yours,
(signed) J. Henry Esser
Upon motion by Justice Messersmith seconded by the Clerk
it was upon roll call unanimously
RESOLVED, that the report of J. Henry Esser, Special
Counsel, regarding the shortage in the accounts of
Santo Lanza, dated November 16, 1932, be approved and
.spread on the minutes of this meeting.
FURTHER RESOLVED, that the proposed claims and demands
upon the National Surety Company and Great American
Indemnity Company presented with said report be approved
and the Supervisor hereby authorized and directed to
execute the same on behalf of ' the Town and cause the
same to be presented to said respective surety companies.
•
•
289
FURTHER RESOLVED, that said I. Henry Esser,
Special Counsel, be and he hereby is authorized
and directed to take such appropriate steps and in-
stitute such actions and proceedings as he may deem
necessary' and proper in the name of the Town or its
proper officers to prosecute and collect the Town' s
claim upon the three checks of Bonded Capital Corp-
oration aggregating in amount 0, 792. 90 referred to
in said report of Special Counsel.
FURTHER RESOLVED that after presentation of the said
claims , said attorney be and he hereby is authorized
and directed in the name of the Town or its proper
officers to make such demands and institute such steps
and proceedings and commence such actions as he may
deem necessary and proper to recover for the Town
upon said .bonds or obligations:
Upon motion by the Clerk, seconded by Justice Burbank,
it was unanimously
. RESOLVED, that the Town Board express its appreciation
• of the cooperation of the State Comptroller in sending
his representa.t.ives . to continue the investigation and
audit heretofore made in the manner reported to this
Board, and the Clerk is hereby requested to send a
copy of this resolution to the head of the Department
of Municipal Audit . of the State Comptroller' s Office .
Mr. Louis Tolive representing the union carpenters of
Mamaroneck, Local #543, addressed the Board and requested that in
any carpentry work to be undertaken by the town, preference be
given to local men. The, Board agreed that such preference should
. be given.
There being no other persons present who wished to
address the Board, the regular order of business was resumed.
Counselor Gamble reported on the matter of a change in
the assessment of Victor Johnson of Pinebrook Drive , Larchmont,
which matter had been referred to him at a previous ,meeti:ng and
recommended granting the request for the reduction and omission
of the penalty on the 1932 taxes on account of the change in the -
assessment.
Upon motion by. the Clerk, seconded by Justice Messersmith,
it was upon roll call unanimously, (Justice Leeds not .voting)
RESOLVED WHEREAS Victor B. ?ffohnson and Frances A.
Johnson, his wife; of 31 Pine Brook Drive, Larchmont,
New York, the owners of Lot 3 inBlock 58, Section 6
on the Assessment Map of the Town of Mamaroneck here-
. tofore and on Grievance Day in the year 1931 appeared
before the Board of Assessors and asked that a reduc-
tion and correction be made in the Assessment Roll
so that their property be assessed at $8 ,100. instead
of . 9, 000. as shown on the said Assessment Roll, and
WEEREAS .through an oversight said assessment was not
reduced and corrected, and
291
WHEREAS said Victor B. Johnson and Frances A. Johnson,
have heretofore , to wit, in April 1932, appeared before
• this Board and requested that said reduction and correction
be made- and that a revised tax bill be rendered to them
so that the 1932 State , County and Town taxes then due on
said property could be paid:
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Assessors, the Supervisor and .the Receiver of Taxes
be and they hereby are authorized, empowered and directed
to correct the 1931 Assessment Roll for 1932 taxes on
. the property described on the assessment map as Lot 3,
Block 58, Section 6; so that said property will be
' assessed at >8100. ;
FURTHER RESOLVED, that when said assessment has been
corrected on the aforesaid books of record, the Supervisor
be and he hereby is authorized, empowered and directed
to refund to the said Johnson the sum of >14. 37 set
, , forth in the claim for refund for 1932 taxes overpaid •
by him, computed on the assessment of 419000. instead of '
the corrected assessment of • 8100: which claim is
hereby approved: 0
A letter was received from the Westchester County Department
of Health, dated October 7th, reporting on the petition referred to
the Department by the Town Board on October 6th regarding the dog
kennels on Weaver Street: The report w€ s ordered received and ..
placed on file.
A letter dated October 15th was received from Counselor
Gamble , reporting on the petition of Charles J. Roberts for refund of
tax penalty and recommending that the request be denied. The report
was ordered unanimously approved.
A letter from Counsel dated October 15th reported favorably
on the claim of Bonded Municipal Corporation covering tax lien No. 120
on Section 6, Block 10C, Lots 2B and 3A, 1931 sale. The report was
ordered laid over
A claim of Blanche E. Jennings in the amount of ;'78: 21 focc•
refund of taxes owing to an error on the assessment roll, together
with approval of the Receiver of Taxes for this claim, was received
and ordered laid over.
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Two claims for refund of capital stock taxes on National
Bank shares paid during the years 1923, 1924, 1925, 1926andi927 were
received, one from the Larchmont National Bank and Trust Company
in the amount of 0_0, 008: 51 with interest. and .the second from the
Frist .National Bank and Trust Company of Mamaroneck in the amount of
X11,199:86 with interest: The claims were ordered referred to
• Counsel:
A letter dated November 7th was received from the Frank A.
Shaw Corp. in regard to the correction of the assessment on the
apartment house at No. 1 Addison Avenue , Larchmont. The matter
was ordered referred to the Board of Assessors.
The report of the Receiver of Taxes for the month of
October was received and ordered placed on Tile:
The report of the Supervisor for the nine months ended
September 30th was ordered received and spread upon the minutes as
follows :
93
'TOWN OF MAMARON'ECK
GENERAL FUND
STATEIVfl NT OF ESTIWATED REVENUES AND RECEIPTS
FOR THE NINE.MONTHS ENDED SEPTEMBER-30th, 1932. •
REVENUES ESTIMATED RECEIVED BALANCE
II 1932 Tax Levy, State , County
Town and District $823,498. 63 x;7647 ,396.21 $176, 102.42
EARNINGS - GENERAL TOWN
Town Clerk ' 200. 00 - - 200. 00
Interest and Penalties 40, 000. 00 29,572. 54 10,427: 46
Interest on .Bank.Deposits 2, 500: 00 384.87 2,115: 13
Justices Fines , 2,000: 00 1,376. 40 623. 60
Justices Fees 1,000: 00 1, 513. 55 513.55
Income Tax 40, 000. 00 43. 12 399956.88
"Miscellaneous - - 650. 35 650. 35:
EARNINGS - OUTSIDE OF VILLAGES
Bank Tax 1,500. 00 543. 09 956.91
Dog Tax 700. 00 839. 94 139. 94
Fees Building Commission 2,000. 00 490.83 1,509. 17
Franchise Tax 600: 00 509.80 90. 20
Mercantile Tax 1 ,500. 00 189. 80 1 ,310. 20
Mortgage Tax .10, 000: 00 _ - - 10; 000. 00
Town Clerks Fees 800. 00 687.60 112. 40
TRANSFERS , FIRE DISTRICT CONTRA. 1 ,864. 00 1,864. 00 - -
I 36OTH? R AVAILABLE FUNDS
, 000, 00 36 ,000. 00 - -
REVENUES WATER 69 , 025. 00 30 ,000. 00 39, 025: 00
$1, 033,187. 63 $752, 062: 10 $281,125.53
- Surplus. ,.
" - . 3769.08 received on refund - Wicks Law - Home Relief , transferred
to 1932 Poor Relief Appropriation:
. TOWN OF. MA LARONECK `
GENERAL FUND
STATEMENT OF BUDGET APPROPRIATIONS AND EXPENDITURES
FOR THE NINE MONTHS ENDING SEPTEMBER 30, 1932.
GENERAL TOWN BUDGET AMOUNT AMOUNT
APPROPRIATION EXPENDED AVAILABLE
Printing and Publishing >1,050..00 _ x'7.. _ _747.17 $ 302.83
. Dept: of Elections 4, 992. 00 779618 4,212.82
' Contribution and Donations 200. 00 200.00 - -
Dept. of Police Magistrates 3,150. 00 650: 10 2,499. 90
Debt Service-Redemption of bonds 4, 928. 94 4, 928. 94 -
Debt Service , Interest on bonds 3, 764. 48 3, 073.49 690: 99
Town Office 5,120. 00 3, 722. 27 1, 397: 73
. Town Hall 1 ,895. 00 1, 159. 02 735.98
Dept. of Supervisor 19, 180. 00 12,587. 45 6,592. 55
Dept of Town Clerk 6 , 760. 00 4 , 746.87 2, 013. 13
Dept of Justices of Peace 16 , 310. 00 9 ,834. 21 6,475. 79
Dept. of Receiver of Taxes 8, 275. 00 6 ,199. 64 2, 075: 36
Dept: of Assessors 10,905: 00 7,624. 64 3,280.36
"Dept. of Public Welfare 28,819. 08 27 ,232. 65 1,586:43
Dept. of Board of Auditors 1,650. 00 •1,124. 82 525. 18
Dept. of Law 8, 000. 00 4, 950.45 3, 049. 55
Dept. of Highway 11,500. 00 6,500. 00 5,000. 00
Dept: of Miscellaneous .Expe.nse .. 1,535. 00 538. 69 996. 31 .
0.38, 034. 50 x;96,599. 59 X41,434. 91
2.95
OUTSIDE OF, :: BUDGET AMOUNT AMOUNT
VILLAGES APPROPRIATION _ EXPENDED AVAILABLE
Dept. of. Printing. _and Publishing $ 150. 00 : 15. 06 $ 134: 94
Contributions and Donations 5,880.00 1, 323, 31 4, 556: 69
Dept. of Health 2,000.00 - - 2, 000. 00
Building Commission 5, 210: 00 3,566.84 1,643. 16
Board of Appeals 1, 075. 00 381: 90 693: 10
Dept. of Highway 37,500. 00 30, 000: 00 7,500. 00
Debt Service , Redemption of Bonds25 ,000. 00 25,000. 00 - -
Debt Service , Interest on Bonds 28 ,944. 50 20,399. 00 8,545. 50
Street Lights 20,000:0.0 11,120:83 8,879: 17a__
$ 125, 759.50 $91,-806.94 ; 33, 952. 56
" Includedi .$3, 769. 08 received as refund - Wicks__,Law,. Home Relief
treated as additional appropriation:
Fire District #1 $ 38, 652. 50 $ 20, 726.14 $ 17 ,926.36
Park D strict#1 39,298. 00 29 ,182. 62 10 ,115.38
Garbage District #1 15, 950. 00 10, 369.65 5,580. 35
Water District 72,194. 25 . - 30,836. 50 41,357: 75
Garbage District #2 1,400. 00 874. 95 525: 05_
Fire District #2 2,224. 00 r .. 1,911.82 312. 18
Sewer District #1 :1130,816.25 106, 653: 79 24,162:46
Police Department 68,720. 00 47 , 000: 00 21, 720. 00
IIState and County Taxes 403,907: 71 150, 000: 00 253:_907. 7.1
TOTAL DISBURSEMENTS 44%1, 036,956: 71 $585, 962. 00 $450,994: 71
Respectfully submitted
(signed ) Geo. W. Burton
Supervisor
DATED: October 10, 1932:
The report of the Supervisor for the ten months ended October
31st was ordered received and spread upon the minutes as follows :
. TOWN OF MAMARONECK
GENERAL FUND .
STATEMENT OF ESTIMATED REVENUES AND RECEIPTS
FOR THE TEN MONTHS ENDED OCTOBER 31st , 1932:
REVENUES ESTIMATED RECEIVED BALANCE
1932 Tax Levy, State , County
Town and District $823,498. 63 4:657 ,209. 09 $166 ,289.54
IIEARNINGS-GENERAL TOWN
Town Clerk , 200. 00 200.00
Interest and Penalties 40 ,000.00 31, 777. 97 8,222. 03
Interest on Bank Deposits 2,500. 00 616.82 1,883. 18
Justices Fines 2, 000. 00 - 1,380:40 619. 60
Zustices Fees 1,000. 00 1,897. 75 897. 75x
Income Tax 40, 000. 00 43.12 39,956.88
Miscellaneous - 650. 35 650. 35x
.
297
REVENUES ESTIMATED RECEIVED BALANCE
EARNINGS - OUTSIDE OF VILLAGES
Bank Tax .$ 1,500. 00 $ 543. 09 a 956. 91
Dog . Tax 700. 00 839: 94 139. 94x
Fees - Building Commission 2,000. 00 539.83 1,460: 17
Franchise Tax 600. 00 509. 80 90: 20
II Mercantile Tax 1,500. 00 . 189.80 1 ,310. 20
Mortgage Tax 10, 000.00 - OD 10 ,000400
Town Clerk's Fees 800. 00 746. 75 53. 25
T ANSFER, FIRE DISTRICT CONTRA 1,864.00 • 1,864: 00 -
OTHER AVAILABLE FUNDS 36,000. 00 36,000°00
WATER REVENUES 69, 025. 00 30,000. 00 39, 025. 00
$1 , 033,187463 t 764,808. 71 . 4268,378.92
x Surplus
TOWN OF MAMARONE CK ..
GENERAL FUND
STATEMENT OF BUDGET 'APPROPRIATIONS AND EXPENDITURES
FOR THE TEN MONTHS ENDING- OCTOBER 31, 1932.
GENERAL TOWN BUDGET . - AMOUNT AMOUNT
APPROPRIATION EXPENDED AVAILABLE
Printing and publishing �'�'r 1, 050. 00 $ 754. 32 $ . 295. 68
Department of Election 4, 992. 00 784. 18 4,207.82
Contributions and Donations 200. 00 200. 00 - -
Dept: of Police Magistrates 3, 150. 00 964: 90 2,185.10
Debt Service , Redemption of Bonds 4 , 928. 94 4, 928. 94 - -
Debt Service , Interest on Bonds 3, 764. 48 3, 073. 49 690. 99
Town Office 6 , 120. 00 4,085. 17 2, 034.83
Town Hall 1,895. 00 1, 234: 02 660: 98
Dept: 'of Supervisor 18,680. 00 13;896. 90 4, 783. 10
Dept. of Mtn Clerk 6, 460. 00 5, 275. 73 1 ,184. 27
Dept. of Justices of Peace 14,260400 11, 299: 39 - 2, 960. 61
Dept. of Receiver of Taxes 8,275. 00 6, 933. 32 1,341. 68
Dept. of Assessors 10, 905. 00 8, 351.42 2, 553. 58
x Dept. of Public Welfare 34 , 762. 06 . 32,414. 07 2,347. 99
Dept. of Board of :auditors 1,650. 00 .. 1, 249:'80 400. 20
Dept. of Lair 7,600. 00 6, 062. 22 1, 537: 78
Dept. of Highway 11 ,500. 00 • 6 ,500.00 5, 000. 00
Dept . of Miscellaneous Expense 1, 535. 00 630. 98 904. 02
$141 , 727.48 $108, 638.85 : 33, 088.63
OUTSIDE OF VILLAGES
Dept. of Printing & Publishing 150400 15. 06 134. 94
Contributions & Donations 5 ,880. 00 1, 784: 97 4, 095. 03
Dept: of Health 2, 000: 00 - - 2, 000. 00
Building Commission: - 5 ,210. 00 4, 056. 00 1,154: 00
Board of Appeals 1, 075: 00 423. 56 , 651:44
Dept. of Highway 37, 500. 00 30, 000. 00 7,500. 00
Debt Service , Redemption of Bonds 25 , 000. 00 25 ,000: 00 - -
Debt Service , Interest on Bonds 28, 944. 50 25,461. 50 3,483. 00
Street Lights - 20,000. 00 11,120.83 8 ,879.17
$125, 759. 50 $97 ,861. 92 $27 ,897. 58
x Includes $7 ,462. 06 received as refund - Wicks Law, Home Relief, treated
as additional appropriation.
299
SUBDIVISION BUDGET AMOUNT - AMOUNT
APPROPRIATION . EXPENDED AVAILABLE
Fire District ,#1 t 38,652.50 ;, 28, 621: 79 a 10,030. 71 •
Park District _#1. 39,298.00 35, 683. 95 3,614. 05
IIGarbage -District #1 15, 950.00 11,181. 31 4 , 768. 69
Water District 72;194.25 30,836.50 41, 357. 75
Garbage District #2 1,400. 00 933.28 466: 72
Fire District #2 2,224. 00 1 ,971.82 252:18 ,
Sewer District #1 130,816, 25 107 ,489.26 23,326.99
Police Department 68, 720. 00 52, 000:00 16,720. 00
State and County Taxes 403: 907. 71 150,000®00 253,907. 71 _
TOTAL DISBURLSEMENTS 4;1, 04O,649. 69 ;:625,21$: 68 x;.415 ,431. 01
DA'Z'ED: November 10, 1932 Respectfully submitted-
.,
(signed) Geo; W. Burton
I
Supervisor
The report of the Town Clerk for the month of October
was received and ordered placed on file:
A letter dated December' 1st was received from- the State
II
Department of Agriculture and- Markets in regard to the- appointment
of a Dog Enumerator. The' letter was ordered laid over
The Town Clerk requested authorization to send back to the
factory the two additional voting machines which had been rented for
the fall election. This authorization was upon roll call unanimously
granted the Clerk.
A letter dated November 15th was received from Donald C.
Howe , Chief=Captain of the Weaver Street Fire Company No: 1 in regard
to a, celebration to commemorate the final liquidation of the bonds of
the Weaver Street Fire House and other matters. The letter was ordered
received and placed. on file.
r
The Clerk urged that the Board take steps to have the roof
of the Town Hall repaired both because the roof leaks badly and . be-
cause the ceiling was recently repaired. and is being damaged on
account of the leaks in the roof. The Supervisor stated that the
repairs were being. considered as a work relief project.
The Clerk presented a resolution in regard to appointing
a Citizens ' Advisory -Budget Committee. The resolution was not
• seconded:
II The, following report was received from Mr: Henry R. Dillon,
Receiver of Taxes®
•
301
November 1, 1932
•
George W. Burton, Supervisor -
Town of Mamaroneck, N. Y.
Dear Sir;
Pursuant to the requirements of Section 31 of the
Westchester County Tax Law providing for the issue of tax
certificates , I hereby make a report as to the amount of un-
collected State , County, Town and Special District taxes and
assessments of the 1932 general tax roll at the close of business
on October 31st , 1932
Total amount of taxes and assessments on the
1932 general tax roll as stated in warrant
for collection . : . : : : . $823,488. 63
Additions to roll 10:
Total $823,498.63
Less: Net reduction in amount of taxes and assess-
ments on 1932 general tax roll on account of
cancellations and other authorized changes to
and including October 31, 1932. . . none
Adjusted and corrected amount of tax roll $823,498.63
Amount of collections of taxes and assessments
On 1932 general tax roll to and including.
October 31, 1932
Total amount reported: . . $657 ,348: 54
Less : Overpayments to be refunded 139: 45 $657,209: 09
Amount - of uncollected State , County,
-Town and Special District .taxes
and assessments on 1932 general
tax roll at 'close of business
October 31, 1932 . . . $166,289. 54
Respectfully submitted
•
(signed) HENRY R. DILLON
Receiver of Taxes
•
After consideration, the following resolution was
introduced by Justice Boyd and seconded by Justice Mesaersmith,
to wit:
WHEREAS on the 1st day of November , 1932, -Henry R.
Dillon, Receiver of Taxes of . the Town of Mamaroneck,
filed with the Clerk of the Town of Mamaroneck, a
report containing an account of unpaid State , County
Town and Special District taxes and assessments, a
copy of which report is, in words and figures , as
follows :
AL
303
November 1, 1932
George W. Burton, Supervisor
Town of Mamaroneck, N. Y.
Dear Sir:
Pursuant to the requirements of Section 31 of the
Westchester County Tax Act providing for the issue of tax
certificates , I hereby make a .report as to the amount of un-
collected State , County, Town and Special District taxes and
assessments of the 1932 general tax roll at the close of busi-
ness on October 31st , 1932:
Total amount of taxes and assessments on the
1932 general tax roll as stated in warrant
for collections 823,488. 63
Additions to roll 10.
Total 0823,498. 63
Less-: Net reduction 'in amount of taxes and assess-
ments on 1932 general tax roll on account of
cancellations and other authorized changes to
and including October 31, 1932. . . . . . none
• Adjusted and corrected amount of tax roll $823,498.63
Amount of collections of taxes and assessments
on 1932 general tax roll to and including
October 31, 1932:
Total 'amount reported. . . 657,348: 54
Less: Over payments to be refunded 139.45 1657.209: 09 •
Amount of uncollected State ,County,
Towneand Special District taxes
and assessments on 1932 general
tax roll at close of business •
October 31, 1932 : : o . : : 4;166, 289:54
Respectfully submitted
(signed) HENRY Re DILLON
Receiver of Taxes
WHEREAS , the amount of such uncollected taxes and
assessments is the sum of 4`x166 ,289.54 and it is
necessary to borrow on the credit and good faith
of the Town of Mamaroneck the sum of 4;,166,289. 54
and to issue , as evidence of the same , a certificate or
certificates of indebtedness bf the Town of Mamaroneck.
NOW THEREFORE , BE IT RESOLVED, that the Supervisor of
the Town of Mamaroneck be and he hereby is authorized
and directed to borrow, upon the credit and good faith
of the Town of Mamaroneck the sum of 4166,289. 54 and
to issue for' the sum borrowed, in the name and under the
seal of the Town of Mamaroneck, certificates of indebt-
edness , the same to be of such denominations, to be
numbered, to be dated and to be payable at such. place :
or places and at such time or times as the Supervisor
may determine , not longer, however, than fifteen
months from the date thereof, and shall bear interest
at -a rate not exceeding six per centum per annum; which
• interest shall be payable on the respective maturity dates
of the aforesaid certificates , and which certificates of
indebtedness shall be disposed of by the Supervisor for
not less than the par value thereof ; and the Supervisor
is hereby authorized to determine and prescribe the
rate of interest upon said certificates, provided that
such rate of interest shall not exceed the rate of
305
six per centum per annum. 1 record of such certif-
icates of indebtedness and of the amount and time
of payment thereof, shall be kept by. the Town Clerk.
From, the proceeds. of such certificates of indebtedness
the Supervisor shall pay,-to the County Treasurer of
Westchester County the amount of unpaid State and County
taxes included in said report of_ the Receiver of Taxes,
and shall retain the amount of unpaid Town, Town
District taxes and Special Assessments included in said
report.
FURTHER RESOLVED, that said certificates of indebtedness
shall be issued in substantially the following form,
to wit :
4166,289: 54 Certificates of Indebtedness
At a. Regular Meeting
- of the-
Town Board of the Town . of.. Mamaroneck
Held at the Town Office in said Town on the
16th da,r of November,' 1932, at eight
o'clock,. P. M.
PREuSENT:•
GEORGE W. BURTON Supervisor
WALTER R. MARVIN, Jr. : : : Town Clerk
WILLIAM A. BOYD
WILLIAM D. LEEDS Justices of the Peace
WESLEY M. 1 ESSERSMITH
WALTER C . BURBANK
No . �. . . . . • . . . . . • .,. . . .
UNITED STATES OF AMERICA
STATE OF NEW YORK
COUNTY OF WESTCHE STER
TOWN OF MAMARONECK
CERTIFICATE OF . IND'BTEDNESS
1932 Series . - Uncollected Taxes
THE TOWN OF MAMARONECK, in the County, of Westchester, a munic-
ipat corporation of the . State of New York, hereby acknowledges
itself indebted and for value received promises to pay to the
bearer of this Certificate , on the day Of • • 193 , the sum
of
. . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . :DOLLARS (fir. . . . . . . . . . . . . . . . )
307
with interest thereon from the date hereof at the rate of
• per centum ( . . . . . .f) per annum. . Both principal and interest
of this Certificate are payable at •
in gold coin of the United States of America, of or equal to
the present standard of weight and fineness , or its equivalent in
lawful money:
This Certificate is issued pursuant to the provisions of
IIthe Town Law constituting Chapter 62 and the General Municipal
Law constituting, Chapter 24 of the Consolidated Laws of . the State
of New York as amended, and pursuant to the provisions of Chapter
• 105 of the Laws of 1916,. as amended,- and res-olutions of the Town
Board of the Town of Mamaroneck unanimously passed at a. meeting
thereof held November 16, 1932, at its office , . 118 West Boston
Post Road, Mamaroneck, New York, at which meeting all the members
of.. said Town Board were present and had due notice of said meeting,
for money borrowed on account of unpaid taxes. This Certificate
of Indebtedness is registerable in the office of the Town Clerk
in accordance with the provisions endorsed thereon.
It is hereby certified and recited that all conditions, acts
• and things required by the Constitution. and Statutes of the State
of New York to exist, to have . ha.ppened `and to be performed preced-
ent , to and in the issuance . of this Certificate exist, have happened
• and have been performed, and that the issue of certificates of
..which -this is one, together with all other indebtedness of said Town
is within--every debt and other limit prescribed by the Constitution
and Laws of said State ; and the full faith and credit of the Town
of Mamaroneck are hereby pledged to the punctual payment of the
principal and interest of- .this Certificate, according to its terms:
IN WITNESS WHEREOF, the Town of Mamaroneck has caused
this Certificate of Indebtedness to be signed by its Supervisor,
and its corporate seal to be hereunto affixed and attested by
its Town Clerk, this . . . . .day of . . . . . . 19 . . . : :
Attest:
Tocan Clerk Supervisor of the Town
of Mamaroneck
YURTHR RESOLVED that if said certificates are
to be registered the registration clause be in
substantially the following form. `
REGISTRATION
This certificate. of indebtedness may be registered
under the signature of the Town Clerk of the Town of Mamaroneck,
Westchester County, New York, below, and shall thereafter be
transferable only upon the written assignment of the registered
holder or his attorney duly acknowledged or proved, such_ registra-
. tion and transfer to be made in the Register kept in the office
of said Town Clerk and a notation thereof to be made hereon. The
principal and interest of the certificate of indebtedness , if
registered, will be payable only to the registered holder, his
legal representatives , successors or assigns: Such transfer may
be to bearer, after which the certificate of indebtedness shall
be subject to subsequent registrations and transfers as before .
Date of Registry: In Whose Name Registered: Signature of• Town Cler;
•
•
309
FURTHER RESOLVED, that said certificates of indebtedness
shall be paid from taxes and assessments collected
and the proceeds of bonds issued against unpaid
assessments , as provided by Chapter 105 of the Laws of
1916, as amended:
FURTHER RESOLVED, that all other matters with respect
to the issuance , negotiation and rate of interest of
said certificates of indebtedness shall be determined
II
by the Supervisor.
FURTHER RESOLVED, that the receipt of the. Supervisor
shall be a full acquittance to the purchaser of such
certificates, who shall not be obliged to see to the
application of the purchase money.
The foregoing resolutions. were add.pte.d;. by the following
votes s•
Ayes : Supervisor Burton, Clerk Marvin, Justices of the
Peace Boyd,_ Leeds , Messersmith and Burbank.
Noes : None
Counsel reported on the Hinckley tax matter which
had been referred to the Town Board by the Receiver of Taxes as
follows : •
Counsel stated that Mr. E. H. Hinckley, the owner of
lot Nos. 1 , 2, 3, 4 , 5 and 6 in Block 27s,. 7 , Section 8, and Lot
Nos. 9 , 10, 11, 12 and 13 in Block 27, Section 8 having issued a
check in payment of the State , County and. Town taxes due April 1st,
1932, on April 27th, received by the Receiver of Taxes and deposited
to the credit of the Town, and that prior to the check having gone
through the clearing house and returned to Mr: Hinckley's bank,
Mr. Hinckley had been killed in an automobile accident and his bank,
therefore, refused payment on the check and returned the same . No
new check could be issued until a representative of the estate was
appointed and was authorized to sign checks. As'=soon as such a
representative was appointed a new check was drawn to the order of the
Receiver of Taxes of the Town of Mamaroneck for the amount of said
taxes and presented to the Receiver of Taxes in payment of the taxes
due , which check, however, did not include the penalties which had
accrued in the meantime , through no fault of the estate ; amounting to
x:8.85, and the Receiver of Taxes has requested the authority of this
Board to accept said check without penalties.
Counsel recommended that under the above statement of facts
the Receiver of Taxes be authorized to accept said check in full
payment of said taxes less the penalty:
Upon motion duly seconded it was
RESOLVED that the report of Counsel be approved and that the
Receiver of Taxes be and he hereby is authorized, empowered and directed
to accept payment of the amount of taxes on Lots Moe . 1,2; 3,4 ,5and 6
in Block 277 , Section 8, without penalty, the same having been here-
tofore paid on April 27 , 1932, which check was not paid due to the
death of Mr. Hinckley, the estate not having been in a position in the
interim to make payment of same:
The Clerk reported that he had been served with a Summons
and Complaint in the matter of Salvatore Porcheddu vs Town of Mamaro-
neck and that he had at once forwarded the papers to Counsel without
waiting for the authorization of the Town Board because an answer was
demanded within a limited space of time. •
The action of the Clerk in referring this matter to Counsel
was unanimously ratified; confirmed and approved.
At 1155 P.M. the Board unanimously resolved to recess to meet
again at the call of the chair to take up such matters as might proper-
ly come before it:
_1644 f