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.