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HomeMy WebLinkAbout1919_08_15 Town Board Minutes Minutes of the Joint Town Board, Town of Mamaroneck Friday evening, August 15th, 1919. The meeting was called to order by Supervisor George W. Burton at 9:30 P.M. The Clerk reported the following present: Supervisor Burton, Justices Boyd, Dudley, Shafer and Collins, Superintendent Hickey, Town Clerk Fairchild and Ralph A. Gamble, Counsel. Upon motion, the minutes of the meeting of July 23rd, 1919, were read and approved. Mr. Frederick P. Boehm appeared before the Board and requested the Board to take action in refernce to laying a water main in Vine Street in the Woods of Larchmont. Upon motion, it was RESOLVED that the matter be referred to Counsel. On motion, duly seconded, it was VOTED: That the Board take up the matter of awarding the contract for the paving of Palmer Avenue. Mr. Gamble re- ported that he had had a conference with Mr. Gamble, Counsel to the New York & Stamford Railway Company, and had also formally written him fullu setting forth the bids received and the pro- posed plan, and had received a reply from Mr. McKinley agreeing to the terms and conditions upon wich the Railroad would bear their share of the proposed improvement. Upon the reccomendation of the Superintendent of Highways and upon motion, duly seconded, it was, upon Roll Call, unanimously. VOTED: That the letter of Mr. Gamble on behalf of the Board and Mr. McKinley's reply thereto be made a part of these minutes. "August 13, 1919. New York & Stamford Railway Company, C/o Eugene F. McKinley, Esq., Counsel, Railroad Building, White Plains, New York. Dear Mr. McKinley: Referring to the notice of the Town of Mamaroneck dated July 18, 1919, requiring the New York & Stamford Railway Co. to pave on Palmer Avenue, in the Town of Mamaroneck, Westchester County, New York, from the Westerly Boundary line of the Village of Mamaroneck Southerly to Weaver Street, in the Town of Mamaroneck, that portion of said Palmer Avenue between your tracks and the rails of track and for a distance of two feet in width outside of your tracks, to which you replied on behalf of the Railway on July 23, acknowledging receipt of the aforesaid notice and agreeing in behalf of Railway that the Town of Mamaroneck immediately undertake the work and stating the willingness of the Rialway to pay its pro- portionate share of the cost of such improvement. You further stated the inability of the Railway at this time to meet its share of the cost, and requested that the Town provide the necessary funds and that the Railway would re- imburse the Town of Mamaroneck the said amount expended by it on behalf of the railway by making the payment in in- stallments. I beg to advise you that subsequent to the giving of said notice to the Railway, the required advertising for bids was done and has been completed, and that on August 11, 1919, the said bids were received by the Town Board of the Town of Mamaroneck for the said improvement of Palmer Avenue with cement concrete pavement. The lowest lump sums bid for the work received was $23,250., to which would be added certain extras as called for by the 'specifications. The proportionate share which the railway would be called upon to assume, as figured by Charles McDonald, Jr., County Superintendent of Highways, would be approximately $6373.20. At my suggestion and to enable me to communicate with you and secure your endorsement of the bid and the type of pavement to be laid, the matter of letting the contract was adjourned until. Friday evening August 15th. Ft is the desire of the Town Board to Cooperate with the Railway in every way. Subject to the approval of the Town Board, it is agreed by us that the Town of Mamaroneck and the Railway Company make a contract for the payment of the proportion- ate share to be paid by the Railway in tern (10) equal an- nual installments plus interest on the unpaid balance at the rate of six per cent. It is understood that the first payment shall be made one year from the date of the con- tract, together with interest for the year, and an equal in- stallment yearly thereafter, together with the interest ac- crued during the year. As this matter comes up before the Town Board on Friday night, will you kindly immediately take this matter up with President Miller and writs me agreeing on the part of the Railway to the procedure herein outlined, and stat- ing that the Railway approves of the type of pavement and willpay its proportionate share thereof, and that you will enter into a contract with the Town of Mamaroneck to do this. And it is understood, further, that you are at the next meeting of the Board of Directors of your company to obtain their approval of this agreement.' As I explained to you today, I must have something definite to place before the Board on Friday evening before the contract is awarded. It is also understood that you are to make the necessary repairs to your road bed at the earliest possi,+,le moment. With the kindest regards, I arm Yours very truly, RALPH A. GAMBLE Counsel to the Town Board Torn of Mamaroneck." "NEW YORK AND STAMFORD RAIL,HAY COMPANY Law Department White Plains, New York, Aug. 15, 1919. Ralph A. Gamble, Esq., Counsel Town Board of Mamaroneck Mamaroneck., New York Dear Mr. Gamble: - Replying to your favor of the 13th, would say that the New York and Stamford Railway Company will be glad to enter into a contract with the Town of Mamaroneck to pay its proportionate share of the expense of paving Palmer Avenue in ten equal annual installments plus interest on the unpaid balance at the rate of 6% per annum, the con- tract to be executed within 30 days from the time the pro- portionate share of the Railway Company's expense shall be determined and the first payment to be paid one year from the date of said contract. President Miller has authorized me to say that he approves of the foregoing plan and will recommend the same to the Board of Directors for approval at its next meeting. The Railway Company approves of the type of pav- ing as set forth in the Plans and Specifications hereto- fore submitted and agrees to make the necessary repairs to the roadbed, preparatory to the work of the contractor. Yours very truly EUGENE F. McKINLEY Attorney." Upon the recommendation of Superintendent Hickey, it was, upon motion, duly seconded, upon Roll Call, unanimously VOTED: That the arrangement proposed by Counsel and agreed to by the New York and Stamford Railway Company be ap- proved by this Board, and Counsel be and he hereby is authorized and directed to prepare an agreement providing for the payment of the entire cost of paving Palmer Avenue with a permanent pavement by the Town of Mamaroneck and for the repayment by the New York & Stamford Railway Company to the Town of its propor- tionate share of the cost in ten (10) equal annual instalments, with interest at the rate of 6% per annum, as contained in the Proposition made by counsel to the Railway Company under date of August 15th, 1919. And it was further VOTED: That the proper officials be and they hereby are authorized and directed to execute the aforesaid agreement and contract with the said Railway Company in behalf of the Town. Upon the recommendation of Superintendent Hickey, it was, upon motion, duly seconded, upon Roll Call, unanimously VOTED: That: WHEREAS, it appears from a compilation of the bide re- ceived for the improvement of Palmer Avenue under plans and specifications prepared by Charles McDonald, Jr., County Superintendent of Highways, and approved by this Board, that Joseph Dimando, Inc., is the lowest bidder for said work at a price of $23,350.00, and WHEREAS, it appears to this Board that it is to the best interests of the Town that the said contract be awarded to said Joseph Dimando, Inc. - NOW, THEREFORE, BE IT RESOLVED: That the bid of Joseph Dimando, Inc. for the paving of Palmer Avenue be accepted, and that the contract be awarded to said Joseph Dimando, Inc.; and be it FURTHER RESOLVED, That Counsel be and he hereby is authorized and directed to prepare a proper form of contract for carrying out said work; AND BE IT FURTHER RESOLVED: That the proper officials of the Town be and they hereby are authorized and empowered to execute said contract for and on behalf of the Town. On motion duly seconded, it was VOTED: That the checks of all the unsuccessful bides dere be returned forthwith. Counsel reported that he had completed to his satis- faction the examination of the title to that part of Forest Avenue which lies in front of and adjacent to property, now or formerly owned by Rosina Lorenzen known as Subdivision 2 of Colonial Park in the Town of Mamaroneck; and that he had draft- ed a deed which had been executed by Rosina Lorenzen and had been received by him, and that the attorneys for Mrs. Lorenzen would forward a check for One thousand dollars ($1,000) upon receipt of Certified copy of a resolution accepting the street. Counsel presented a resolution providing for the taking over of the street capon the terms agreed upon, for the consideration of the Board. Upon the recommendation of Superintendent Hickey, and on motion duly seconded, it was, upon Roll Call, unanimously VOTED: That WHEREAS, Rosina Lorenzen has requested the Town of Mamaroneck to take over as a town highway that part of Forest Avenue which lies in front of and adjacent to property now or formerly owned by said Rosina Lorenzen, known as Subdivision 2 of Colonial Park, as shown on a certain map entitled "Subdivision 2 Map of Colonial Park in the Town. of Mamaroneck, Westchester County, N. Y."; and WHEREAS, said Rosina Lorenzen has offered to pay to the Town of Mamaroneck in consideration of its taking over that part of Forest Avenue, the sum of One Thousand Dollars ($1,000.00) on the understanding on the part of the Town that said $1,000.00 shall be used in building a stable bridge across Shelldrake River at which point it crosses Forest Avenue and in putting said Forest Avenue in proper condition; THEREFORE, Be it RESOLVED: That upon receipt of a deed from Rosina Lorenzen and a check for $1000.00, payable to the order of the Town of Mamaroneck, the Town of Mamaroneck shall and will accept as a town highway so much of Forest Avenue as lies in front of and adjacent to property now or formerly owned by said Rosina Lorenzen known as "Subdivision 2 of Colonial Park in the Town of Mamaroneck, Westchester County, New York, the property of Rosina Lorenzen. Fletcher Herdt, Civil Engineer and Surveyor, Mamaroneck, N. Y., February 2nd, 1907," and filed in the office of the Register of Westchester County, December 3rd, 1907, as Map No. 1765, and be it FURTHER RESOLVED: That nothing herein contained shall be construed to indicate that the aforesaid street ahall be deemed to be accepted by the Town of Mamaroneck until all of the aforesaid terms and conditions herein provided for have been complied with; and be it FURTHER RESOLVED: That the Towyn of Mamaroneck shall be kept safe and harmless from any damage or claim of any nature or character whatsoever in any wise arising from the improvement of the said street, anything to the contrary herein contained notwithstanding. The Board discussed at length the question of the further extension of gas mains by the Westchester Lighting Company, and water mains by the New York Interurban hater Company, and the refusal of both companies to date to take any favorable action in connection with the matters after repeated requests to do so by the Board. Upon recommendation of Superintendent Hickey, it was, upon motion duly seconded VOTED: That Counsel renew previous applications here-- tofore made to the Westchester Lighting Company for the laying and extension of gas mains in Myrtle Avenue, Larchmont Gardens and the Woods of Larohmont stating that unless a definite reply is received within ten (10) days as to the attitude of the Lighting Company in the premises, or if a definite affirmative reply is not received, that it is the purpose of the Joint Town Board to lay the entire matter before the Public Service Commission and there seek redress. Upon recommendation of Superintendent hickey and upon motion, daily seconded, it was VOTED: That Counsel formally renew requests hereto- fore made to the New York Interurban Water Company to lay and ex- tend its water mains in Forest Avenue, Maplewood Street, and the extension of Weaver Street, and to make further application to said Company to lay and extend its water mains - 1. From the end of your present water main at the corner of Vine and Villa Roads 200 feet north in Vine Road so as to connect with lots 1, 2, 3, 4 Block 326, Map of the Woods of Larchmont; 2. On Valley Road to provide service for lots Nos. 30 and 31, Block 23, Section 1 on Assessment Map of Town of Mamaroneck; and that Counsel demand a definite reply to his communication within a period of teen (10) days as to what the attitude of the Water Company will be in the premises, and notifying them that if an affirmative reply is not received, that it is the purpose of this Board to lay the whole matter before the Public Service Commission and there seek redress. Upon motion, duly seconded, it was VOTED: That the Board inspect the Town Highways upon August 30th, 1919, at 3 P.M. Upon motion, the meeting adjourned. Town Clerk.