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HomeMy WebLinkAbout1930_09_17 Town Board Minutes (2) =;iETI'f,.G OF TH7 TOFV_'T BOLRD TO d ;- C I 'iJ RC i, N. Y. held September -17th, 1930 The meeting eras called to order by Supervisor 'Burton at 9 P. Lli. Pr=sent: Supervisor Burton Justices Boyd, Leeds and Yessersrnith Town Clerk 11arvin The presence was also acted of Counselor Gamble. The Supervisor stated that the first order of business � ,as the holding of a public 'nearing, in accordance ta,ith notices published as required by lava, to act on a petition heretofore -received, by the Board to amend the zoning ordinance by r--moving and tran.sfering certain property from class F unclassified district in which the property is now classified as shown on the map which accompanies such ordinance to c3ass C district. The property in auestien is situated on the southeasterly side of the Boston Post Load and is kno-vin as Sect-ion 4, Block 39 Lot L4 on the Town Assessment map. The Clerk presented an affidavit of publication of the reouired notices and read the notice. The notice was upon :Notion _ by Justice Iessersrnith seconded by Justice Leeds unanimously approved as read. _ T':_e Supervisor asked if there uas any person present who desired to speak in opposition to the petition. Thare being pons , he asked if there aas any person present ,rho v%is'ned to speak in favor of the petition. Iirs. Annie L. Florence , ovarier of the property in cuestion, who requested the change , spoke in favor of the petition saying she vaished to build. a store at that location. After some discussion it was upon motion by Justice Leeds seconded by Justice I.Icssersrnith, unanimously RrS0177D, that. t1j hearing be closed and that because of the lack of a map s',cwing the taking lines for the prospective improve- ment of the Boston Post _Road, which lines are needed for an accurate description of the property, the matter be taken under advisement pending the receipt of said map. The Clerk reminded the Board that it had been decided at a + g i t the present meeting previous me tir_g o bri. � up for discLSS _on a. the application of Oa.rmine and Louise `iortorella for rezoning of the property knoran as 1 75 1:_yrtic Blvd, from a class C district to a class D district. after discussion it was upon motion by Justice Yesser- s:::ith, seconded by Justice Leeds , unanimously ,-SOI.V"-Dj that the aTplication of Carmine and Louise 'Tortorella f'orthe rezoning of the above described property be laid on the table until litigation no-vi pending concerning said property be settled. The Board thereupon took up the regular order of business. 7' The Clerk read the minutes of the neetings of Xuly loth, 29th, August 6th, 9th, 19th, 20th, September 2nd and 3rd and all were approved as read. The Supervisor requested that the resignation of Chif Captain C. D. Bray of the 'weaver Street Fire Company and certain other matters affecting the Fire Company be all laid over to the -- Wert meeting pending the preparation of his report on fire .tatters. He requested the Clerk to obtain a copy of the list of members of the Fire Company showing their names, addresses and ages. The report of the Town Clerk 's office for the month of August. was ordered received and placed on file . A claim of J. A. Zimmerman in the amount of .,4.00 for refund of fee paid the Building Commission for plans for a dog kennel, which plans ,,.,ere denied by the Board of appeals , - as referred to Counsel. The Clerk informed the Board that he had been requested by Bdnjamin Zoch of the Beioartment of Tlections of the County Clerk 's Office to follow the sane system employed by all other towns and cities of the county in regard to the use of a certain type of metal ballot box for enrollment and registration. The Board agreed that Kamaroneck should fall in line with all other communities and the Clerk a�as authorized to act accordingly. Justice Kessersmith presented a form of contract between the To°,an and the Larch,,iont Public Library , whereby, in view of the fact that residents of the unincorporated section of the town account i for more than 27,1� of the use of the Library, the town would agree to pay the sum of :" 3 , 500.00 annually for the support of the Library. He explained that such a contract was the only legal method whereby the town could contribute to this institution. The matter was ordered referred to Counsel for report and preparation of suitable resolutions and certificates of indebtedness in the amount of i3 , 500.00. Justice Leeds presented the final claim approved by Supervising Architect Charles F. Hink, for painting and redecorating the Weaver Street Fire House. The claim,: was ordered referred to the Fire House Committee. The Clerk was directed to inform all the co=ittee and �r. Mink that there would be an inspection of the Fire House on Sunday, September 21st, at 9 A. K. prior to finial acceptance of the work. Justice Leeds presented a report on behalf of the Fire Committee in regard to the matter of insuring the fire apparatus for public liability, fire and theft. The report mas referred to Counsel. Counselor Gamble reported that he had attended the Hearing on September 5th concerning the levy York, 'Westchester and Boston train schedule and that the _H€acing had been adjourned until September 26th. The Supervisor reported that he had this day been served v,,ith notices of intended applications for grants of land under water by (1) The Forest Hurt ier Realty Co. ,. (2) Hugo V. Loewi, (3) Prentiss . Gray and (4) Henry S. Hendricks , all similar in form. These were all ordered referred to Counsel. (foZC :- sale 189 iit out) i The Clerk -presented to the Board a. letter from the Board of Sewer Commissioners of Sever District No. 1 of the Town of Eamaroneck, advising the Board that the Commission had opened bids for the construction of Contract 107 (being for extension to Sludge Beds at Sewage Disposal Plant) and that the cost of construction of said contract , including :'engineer 's fees and other necessary expenses , will be Q2390000. and requesting the Board to authorize the issuance and sale of Certificates of indebtedness from time to time as payments become due under said contract in the said sum of J23,000, all of said Certificates to be issued by the Supervisor as provided_ under the provisions of the Town law. Counsel advised the Board that he was familiar with the -request and had discussed the same with the Board of Sewer Commissioners , and that it was in proper form and that the Town Board was in a position to authorize the issuance of said Certif- icates so that the o rk under said Contract could proceed. After discussion, upon motion duly seconded, it was r2FS0WED, ` H3RFAS, the Board of Sewer Commission- ers of Sewer District 20. 1 of the Town of Mmaroneck have estimated and reported to this Board the estimated cost of construction of Contract 107 determined as required bj law; and WHAR^AS , pursuant to law the '_own Board shall cause Certificates of Indebtedness to be issued, the same to be a Town charge , the -proceeds of which Certificates shall be applied in payment of the cost of construction of said part or portion of such Sever District as is so requested by said Sewer Commissioners ; therefore , be it I RFSOI 1), that the Supervisor be and he hereby is authorized and empowered, in accordance with the law, to borrow upon the faith and credit of the down of Eamaroneck, the sum of not to exceed 023,000. plus interest which may from time to time accrue thereon and to issue a temporary Certificate or Certificates of Indebtedness in the amount of not to exceed j23 ,000 plus interest which may from time to time accrue thereon, which shall bear interest at the rate of not to exceed six per cent per annum, payable at such time or times as the Supervisor may fix, not exceeding, however, eighteen months from the date hereof, and to sell or dispose of said Certificates of Indebtedness for not less than the par value thereof; and further RESOLVED, that said Certificate or Certificates of Indebtedness shall be in substantially the following forma UI'IMD STATES OF J72-HICA STATE OF NEW YOR OC-= Y OF rd71S1CH7,SYTR TC ' C,_c. V ,i.?ROJ'r CK Certificates of Indebtedness issued Pursuant to Section 237 of the Town law of the State of Few York, for Sewer District Sao. 1 of the Town of Hamaroneck - Series 107 - 223 ,000.00m 193 The Town of Mamaroneck,- in the County of '" estchester,, a Municipal Corporation of the State of Yew York, hereby acknowledges itself indebted and for value received promises to pay to bearer hereof,- or if the same be -registered, to the registered holder, on the sum of Dollars lawful money of the United States of ?meriea with interest thereon from date at the rate of per centum per annum, both p-rincipal and interest being payable in lawful money of the United :States at This Certificate of Indebtedness is one of an issue of ';;;23,000 of Certificates of Indebtedness heretofore authorized in the sum of having been heretofore issued, being issued, pursuant to the pro- visions of the Tobin Law constituting Chapter 62 of the Consolidated Laws of the State of few York, Chapter 594 of the Laws of 1923, and Chanter 437 of the Laws of 1928 and Chapter 86-0 of the laws of 1930,. of the State of Iiew "York, and in strict compliance with the Constitution and Statutes of the State of New York by virtue of a resolution of the io :.'n Board of the 'TO'vn of Hamaroneck regularly and lawfully adopted September 17, 1930. It is hereby certified and recited that all conditions, acts and things required by the Constitution and Statutes of the State cf lde., York to exist, to have happened and to be performed precedent to and in the issuance of this Certificate of indebtedness exist, have happened and have been performed, and that the issue of Certificates of Indebtedness, of k�rhich this is ore , together with all other indebtedness of said Town of Marm-roneck is within its debt and other limits prescribed_ by the Constitution and laws of this State . IN ,vIT_,TSS W==E,76D, the Town of liamaroneck, through its Town Board, has caused this Certificate of Indebtedness to be signed by its Supervisor and the corporate seal of said Town to be hereunto affixed and attested by its io,Lrn Clerk, and this Certificate of indebtedness to be dated this day of 193 Attest: Supervisor Town Clerk I urther ELFSOLVED, that the Town of idlamaroneck hereby covenants to pay the principal and interest of said. Certificate or Certificates of Indebtedness in the amount hereinabove provided as the same shall become due , by levying assessments on prop- erty of Sewer District Fo. 1 of the lovvn of iamaroneck at such time or tunes and in such amounts as may be necessary. thereafter. The Town own of Tsamaroneck further covenants in ease of a default in carrying out the foregoing covenant, the said Town will raise by taxing all taxable property in said Town of ?Mamaroneck from ti_ae to time the sum or sums sufficient to pay the principal and interest of said. Certificate or Certificates of Indebtedness as the same shall become due. Upon motion, duly made and seconded, the Board unanimously resolved to adjourn at 10 .45 P. U. V 0`nJZ; CLERK