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HomeMy WebLinkAbout1930_11_12 Town Board Minutes 2U SPECIAL 11EH TING 017 T= J=l''1' TOVJ T BOARD T0-4N ON' I A_A i ROITLCFi, N. Y. held. November 12th, 1930. The meeting was called to order by Supervisor Burton at 8:45 P. I.. Present: Supervisor Burton Justices Boyd, Collins_, Leeds and I,essersmith Superintendent Coles Toren Clerk Marvin The presence was also noted of Counselor Gamble. The minutes of the °neet°nz of October 1st ;°rere read and, upon motion duly seconded, approved. i The Clerk suggested that in view of the presence of a number of People who °,rished to address the Board the regular order of business be suspended in order to hear those present. I,iichael Doherty of Dillon, Park, addressed the Board concerning Gaillard Place in Dillon Park which he said he cashed to have taken over as a town street and. in which he also wished to have a sealer main installed. The natter Was referred to the Sewer Commission, Super- intendent of Highways and Counselor Gamble. Frank P. Richelson of Boulder Road addressed the Board in relat'_on to the alleged encroachments of that road on his property. Upon motion by Justice Islessersmith, seconded by Justice Collins, it bras upon roll call unanimously RLSOL TFD, that C unselcr Gamble be and he hereby is authorized and directed to have a survey made of th-e corners of Boulder Road at and near the property o_' Frank R. Richelson, in connection with the termina- tion of the alleged encroachments. Laundree, on behalf of L. A. Charlton, 303 Rockingstone (venue E tension, addressed the Board concerning a hydrant 1,=rhich is located in .front of i'Ir. Charlton,s home and which. Ivr. Charlton clai s m is so conspicuously situated as to detract from the value of his property. After considerable discussion the matter was by resolution upon roll call ref erred to Superintendent Coles with pourer. Justice Leeds reported that the second hydrant on I:?urray avenue, north of Myrtle Avenue was too lo Vr to permit use of the suction hose and that as a matter of fire protection it should be raised. This matter was also by resolution upon roll Call unanimously referred to Superin- tendent Coles with bower. Simi liar action was taken in res=ard to a hydrant on tip° aver Street near the intersection of Rgckland_ Avenue which was declared to be' too close to the curb. William H. Lal,,ason of Larcwont Ridge addressed the 3 and in regard to installation of a water mal..n on McheGan Road from the intersection of Avon Road_ to Fenimore Road in the sewer trench ,^rnich has been left open for that purpose. IvLr. Lawson agreed to guarantee an 8% return on the cost of this installation. ;s. 277 Upon- motion by Justice Eessersmith seconded by Justice Collins it was upon roll call unanimously HESOLVED, 7,;= EAS, this Board requests the installa- tion of about 900 feet of 8 inch eater main on iviohegan R ad from the intersection of Avon Road to F' nimore Road, said main to be laid in the sewer trench now le=t open for that purpose, and ?.WHEREAS, fair. iilliam H. Lawson has agreed to guarantee an 8% return upon the cost of this installation; there- fore be it RESOL-VED, that the ':iestchester Joint i°rater I-Vorks, N0. 1, be and it hereby is authorized a-r,.d_ directed to install for the Town of Lamaroneck said main and to charge the 8wn of Hamaroneck the cost thereof as ascertained and approved by the Board of `T' ustees of the '+'iestchester Joint '` ter ,orks, No. 1. -- An estimate was received from the Iestchester Joint ti ater Works, To. 1, of the cost of installing approximately 386 feet of 8 inch water main on VIeaver Street from the end of the pipe recently laid to the entrance of the Bonnie Briar Club to the Dlamaroneck-Scarsdale line in the amount of in accordance with the request of Supervisor Burton. After discussion it was upon motion by Justice Dlessersmith, seconded. by Justice Collins, upon roll call unanimcusly RESOLVED, whereas, this Board requests the installation of about 386 feet of 8 inch vrater main on ',"i?aver Street from the end of the pipe recently laid to the entrance of the Bonnie Briar Club to the Ylamaroneck- Scarsdale line, therefore be it RESOLVED, that the ''`i stchester Joint 'T,,- ter LTdorks No. 1, be and it hereby is authorized and directed to install for the bourn of Mamaroneck said main and to charge the Town of Mamaroneck the cost thereof as ascertained 2nd approved by the Board of 'Trustees of the IVestchester Joint 'dater '.storks, N'o. 1. I I&. Lawson urged upon the Board the desirability of improving the surface of Avon ;Road. He was directed to take this matter up with Superintendent Coles. Supervisor Burton recommended- that some action be taken in regard to laying the hater n_ain under the Boston Post Ro/'ad and to anticipate future service to Dillon Park. G his recorendation the matter as referred to Superintendent Coles a m er nd a Special Committee heretofore appointed_ in this connection for investigation dnd report back to this Board. Sir2ilar action vas taken in re�.ard to the extension of vaater main under the Now haven Railroad tracks and under the Paliner ._venue extension, Co. Rd. No. 67-2. Supervisor B rton reported that the 7iestchester Joint "aster forks No. 1 had increased the annual hydrant rental charge from 940.00 to $65.00 effective July 1st. I Upon motion by Justice Boyd, seconded by Justice Leeds, it was upon roll call unanimously I i 279 7­7SCIVE-D, that the action of the Westchester Joint ;[ater No.. I in increasing the annual hydrant rental charge from r,40.00 to y?65.00 be and it heresy is approved. Counsel advised the 3oard that the Supervisor and he, had, pursuant to -prior authorization of this Board, had several conferences ?;ith the I,ayor of the Village of Larcluacrt and T?r. Smithson, the Corporation Counsel, regarding the acquisition by the Village of the real property which it was necessary for it to purchase from the Town in connection ?rith the construction and improvement. of P LL R 'iTIJ ,a7T11TS1Ci?, C01 ?TY R0 ITo. 67-2 through the Village of I-arc'nmont, To-,.-,in of 1"Pmaroneok and the City of fie : Rochelle, ;which property of the To,rrn lies within the ?Tillage of Larchmont9 and that ar agreement had been arrived at, subject to the approval of this Loard, which agreement provided that the To;,-Tr- of 1.1amaroneck would convey to the Village of Larch= wont, Parcels 1, B and C described in said contract all of its right, title and interest in and to that -Fjor ion of Lot !,,as. 98 to 103 inclusive lying -ai thin the roadway of said County Road 67-2. and to all of Lots nu=mbers 106 and 107 in Block P as apecifically shown and laid out on a survey entitled "Survey of lands to be acquired for iriprovement of the -carallel routes of the 3cston Post Road, County Road 67-2 in the "Tillage of Larchezont, 'vdestchester County, Tear York," by Guy Vroman, LarchLaont, F. Y., dated Yarch 27, 1930, and filed in to office of the Reg- ister of Jestchester County April 5, 1930, as Y"a.p iTc. 3578, said lots being also lino-un as Lot " os. 98,99x100,101,102.,_103,106,107 in Block P an a certain map entitled "Ltiap of 1906. Addition to Sound Shore, -Ye7 Rochelle, 1.Y. , made by ;. J. Lynch dated T-larch 15, 1906,; and filed in he office of the Register of viestchester Cc Unty, Y.Y. Kay 1x 1906,, in ;Toluene 21 at -page 54. ", said lots containing approximat-ely 6432 square feet, at a purchase price ohich -aauld be equal to the total amount of taxes, interest and penalties which would be due and unpaid on said lots as of the date of closing, December 15, 1930,- to tisit, the sv= of 51614.69 plus the costs and expenses incurred by the Tomo in heretofore foreclosing the transfer tax liens on said lots in the amount of X0584.20, making a total purchase price amount of 5,1198.89, and Parcel DI- described in said contract as all of its right, title and interest in and to the remaining portions of said Lot Nos. 98 to 103 inclusive lying without the readvray of said County Road 6.7�-2, the same containing approximately 9100 square feet, for a consider- ation of :i�4400.00. Counsel stated that he had had the said parcels of land, both 7rithin (Parcels L, 3 &C) and ?without (Parce=D the road?-ray appraised by three corq:_petent appraisers, the appraisals for which he subfitted, said appraisals being made. Cl) Parcels ri, B and C above on the N sis of the value of said property within the road- way as of a date, prior to the construction of County Road 67-2, and (2) that described in Parcel 1) above, to ?,,rit: that portion with- out the roadT-vay, on the basis of its future value, ofhen, as and if Palmer avenue Extension, County Road 17o. 67-2 -;:as a completed Highway 2 ;1 and and ,;hat,, Said thres aC_ti-1_a4 Se_S had a-p1raised said Parcel s c� tcether at the respecTL7e -'IrIC-S, L c n e a"p o r a I s e r a t $'-_I e-,C 0( a-,D-.:3_r a i s_=r at 8 9 7 5 c C rd +h E t,_n I I-d a p D_r a_4s G r a 28-0 G Or" an a 1,7 e a f '_^_1'e. o 114 7 e 00 w n i c h T%a s less L h a h c o n,s d e i-a t 2'-o n r,e I n g e 4 F d and thiat said appr.,1scrs jjaj �-ppraj aed Parcel 3 - . Yo a '� and the at ��S05m 50 L s e I fur t h E r s t a t e-d that h e --i-,a n _W')U I a C C 7 e y — I ,riab ove a-e sci- be d Sa�d I CIS 0-- �Oai:-,­` s c - -,and hE:-e-' suL,I)e 0 t to the e a 3e_zer z anal./C= _-igh L--of­, ay to ha s 7e d by the `i'0-on 0. I`a-_maroneck and hEreaftler =anted and/or assigned the - .ne 3rook 7rainage U Ill'—sz-on 20 feEt in �,,J-dth- at such rooint or -�3 0 rnts tl-_:�,o-agh said parce'_s of land as To,,�,m of L_,amarorec_� -q r _O'nC I�ra I 1_ C- �O-j d_/Q n,4 Sa 4 1 on riay a de 5a aasemeri� -lo be I'= tlae -our-,)oses of - ,h-- ��'ine B--rDok ralna ,E 00=ission closed drain tluclagh said lots and W Er cc- g -para— El with and/or undcr the s o u.th e 1:. y idc 0= said "o-UMGY Road' 67-2 ILo carry th,cz --icazErs now car-ried by Pjr. e 3-00, He also s-uated C -f1 - _ t the aoresaid_ a, ai s a I had been node 0 t g I g a 0� 1 +-on t c h­e aforesai eassme-z vihch Ir -he I case of Pa-roe_l _' -p r a b I, w,c)u C t=n-7 t o o r e a z_s sales Counse I sent ed t0 -Lhe Board, a copy of the I)ropc BEz tInE of II-Eaziarone-.11c and the Tillage e_f Lz,-_--cr_TcnIz dat,2d I-To-,rembei 1--t-h, 1�3C and the i'1E _]p,a-rc d t0 tCE Card. z 1-e n e o 1a.t_1 c.n s in do s'v a El n c o n n e 3-C _on i --,l a tax sa"E by tlh_e _lov,n of Lam2ron,-ck , one ago he '-,lad aster ta in e a Z r1a Z, t h e a f c:,-F s,a I d ic,t e t o' b F sold o r j. and '-avin,� -n rl4- pa�- -_a-r P_ I -ha m E _o r ob a az- e C on- + �7- by ire C'O-ul'n� of _'O':M--y �oad 6`-2 he had as SU2-E viscr bouf�t tInc '­'Ens in `h-I namc Qf the To--,-,,n of 7,�-amaroneok an c. and titIn- takEr. Ir, tic name of -he To-,�;n so at futur_= _e the T ovir n COU-Ild- Lransfer and con-�,ey the a:ne over to the ',Yijiag^l ol _La_rchm-.cn-'_- Z­c7l- .-he a__QeC.L_-iC- L`-!_­Poss for -,zhioh they we-rF r-ow beirE t-armed over, --ra -her -�han to allow said ax liens at th'a-. ;l-imE to be by ou-sidc--f-s and oo5sibly th-,:�­2a_fter s-cld -1,o the Village of Lalr�_hmcnt aTI a specuIa*,JL7.e fLz-ui�e; he fu�2ther s�_-ated t'ha-u he ?eau adv Lssd I-he Off Laloh_"­�n­ n he e a:�-i y ne_cro t ia tZ on.s o 011-1 n g 'L 0-a a r d S t-If i e c o n s t--,u c_�i c Z"I Of _ - - -I Z 1 M�O r CO 7 'ou- -h nl�-y -Road I�o� 57 - 2, + a, the ­0uT ou, ir­ei!`est in `Lh�_sc lcLs to _ ­_a.­-, �-nd -u1nat, he be- lievEd that the To-.-,ln, sllou.id -.,jam ov--Z said lozlc_ -Lo the wi­,h.JLn .he �oadv.iay, but 7j.11age, no-, on-1-y -�hat p%'_t a...- Q0rtJ ()n Wit_:Out, as --e�,uEsted by -L he �:_ayor arid_ V1,11aze �ilustees v1- the 7-i -lag,. of larc'LLnon'- hE� follol,.,41� -,vas presen'�ed �fter d $C U S S 10 n by r- ta s c e 3 s rsmi=-�h and s e c n d F d -by I rr. j U., 7�oyd 77D, IEhna- 1-he -2ovin E-oa-rd of the __.,a-rmronec'- ap­roves of -h.e sa' e a conveyan—e- :)f she real p�,opert-.,- tie e i-n a f-0 e Y d c s c r J-11b E d, c-,ir n e d b,-Y the '2,D­,-,n of u.pon s�Costant_ially the conditions set fo-,th in. L L,he -orm of ccnt:�act bEt--:,eer the of 1-nama---o -_ .ni1G i=11 _L!a Z e Of 1,a r c h-mO fl-G da.t e d IT c v,e m'o c r 12 u-b-M e t0 the :3 0 2L rd- a 1 1--i i s me e t J_ng a n d t a t -'V-, sGr a-nd .e 0--T_ C e-rh be autl h o- z.e c--z. o v ie- -,e and direot=_d to in the r-arie of -u-he --ov,,rn and on its a m porate seal, and to dtli PbEhl . � ar a g e m_n_ sub s t an I i a I I J in the form, of said t.roposed form, o± a�rcement, such chances here'_:: as the slIp e 0-r and Counsel shall approve, the execution of said agreement by said officers to be conclusive evidence of such approval of any changes therein; further RESOLVED, that the Supervisor be and he hereby is authorized, empowered and direeted to execute in the name of the Town of Mamaroneck and on its Taehalf, and under its corporate: seal, a bargain and sale deed to the Village of Larchmont of the fallowing described zeal property owned by the Taws. of Mamaroneck, and provided to be conveyed in the aforesaid contract, and to deliver the same to the Village of Larchmont upon receipt from said Village of Larchmont of the considerations to be paid by the Village of Larch_ mai t- as in said contract provided. PARCEL A(I) All that certain lot, piece or parcel of lands situate, lying and being in the Village of Larchmant, Town of Mamaroneck,, County of Westchester and State of New York, known and designated as part of Lot Nos. 9a, 99, 100 and 101 in Block R on a certain map entitled `svag of 1906. Addition to Sound Shore, Mew Rochelle, New York, made by C. J. Lynch, filed.May 1, 1906, in the I Office of the Register of the County of Westchester in Volume 21 of the maps at page 54,"which said partiors of" said lots are shown on a certain map entitled 'Survey of lands to be acquired for the improve- - ment of the parallel routes of the Boston Post Road - County Road 67-2., in the Village of Larchmont, Westchester County, New York, made by Guy Vroman, C.F., dated March 27, 1950 filed in the office of the Register of Vestebester County April 5, 1930,. as May NG.. 3578, bounded and described a_s fallowar BEGINNING at a paint on the northwesterly side of Clarice Street as shown on Yap Volume 21 at page 54 where- the same Is intersected by the dividing line between lots 94 and 9a on said maps running thence along said side of Clarice , Street North 63° 07* 30* Fast 100 feet; running thence along the dividing line between lots 101 and 102 on said map, north 26-0 52. 30'6' west. 18.26. feet; running thence southwesterly along the northwesterly line of the proposed highway as shown or, map 3578E on a curve to the right, having a radius of 49-70 feet, a distance of 100.70 feet; running thence along the dividing line between lota 9.4 and 98 on Map Volume 21, page 54, south 260 52,E 3©" -'a st 6.49 feet to the point or place of BEGINNING. PARCI'L B. Aar., that certain lot, piece or parcel of land situate, lying and being in the Town of Xamaroneek, Village of Larchmont, County of Westchester and State of NEW York known and designated as parts of Lots 102 and 203 in Block P on a certain map entitled "Ita.p of 19:06= addition of Sound Shore, New Rochelle, New York, made by C. J. Lynch, filed May 1, 1906, in the office of the Register of the County of 'Westchester in Volume .21 page 54='-which said Portions of lots are shown on a certain nap- entitled "a-Urvey of lands to be acquired for the improvement of the parallel routes of the Boston Post Road - County Road 67-2,, in the Village of Larchmont, Westchester County, New York, made by Guy Vroman, C.E., dated March 27, 1930, filed in the office of the Register of the County of -festchester April 5, 193.0, as gap No. 3578,. bounded and described as follow; BEGIN 12TG a% point an the northwesterly side of Clarice Street,Street., w here the same is intersected by the dividing line" between lots 101 and 102 on Map Volume 21 page 54; running thence along said side of Clarice Street, north 630 07"' 301t East 50 feet; running thence along the dividing line between lots 103 and 104, north P-60 52* aO* West 24.92 feet, to a point on the northwesterly line of the proposed highway shown on Nap 3578; running thence southwesterly along said northerly line of proposed highway on a curve to the right having a radius of 4970 feet, a distance of 50.43 feet.; running thence along the dividing line between lots 101 and 102:, south 260 52t 30t° East 18;.26 feet to t-he point or place of BEGINNING. PARCEL G. ALL that certain lot, piece= or parcel of land situate, lying and being in the Village of Lare'nmont, Town of Mama of Westchester- and State of New York, known and designated as all of Lot No. 107 and Lot Na. 106- in Block P on a certain map entitled 'map of 1906 Addition of Sound Shore, New Rochelle, New York, made by a.. T. Lynch, filed Itay 1, 1906 in the office of the Register of the County of Westchester in Volume 21 page 54, which said lots are shown on a certain map entitled 1BSurvey of lands to be acquired for the improvement. Of the parallel routes on the Boston Post Road - County Road 67-2, in the Village of Larchmont, Westchester Counter, New York, made by Guy Vroman, C.E., dated March 27, 1930, filed in the office Of the Register of the County of Westchester April 5 1930, as Map No. 3h78, bounded and des- cribed as followw.r BEGINNING at a point on the northwesterly side of Gla:rice Street where the same is intersected by the dividing line between lot No.s. 105. and 106 on said map; running thence along said side of Clarice Street. north 6&30 07* 30'* East 146,01 feet, running thence along the center line of Pine: Brook as shown on Nap Volume 21 page 54,, the follaiving courses and distances; south 790 i'48t test 23..33 feet; north 710 50 r 30o west: 2.2:4 feet; south 6:g OGP40* west: 70.01 feet; south 750 07"r west 35.74 feet; thence along the northwesterly side of the proposed highway as shown on Map 3578 southwesterly on a curve to the right having a radius of 4970 feet to a distance of 4.14 feet; running thence along the dividing line between lots 105 and 106 on Map- Volume 21 page 54, south 26.0 52* 30' east 35.88 feet to the point or place of BEGINNING. PARCEL D. AIL that certain lot, piece or parcel of land, situate, lying and being in the Town of B2amaroneck, County of Westchester, Village of Larehmont and State of New York, known and design- ated as part of lots 98, 99, 100, 101, 102 and 103, in Block P on a certain map entitled 'map Of 1906 Addition to Sound Shore, New Rochelle, Nett 'pork, made by C. I. Lynch, filed May 1,, 190&, in the office of the Register of the County of Westchester in Volume 21 of fps at page 54, which said portions of said Tots are shown on a certain mag entitled f6Survey of lands to b.e acquired for the improvement of the parallel routes of the Boston Post Road - County Road 67-2, in the Village of LarchmontI, We.etchest.er County, New York, made by Guy Vroman, C.E., dated March 2.7; 1930.,; filed in the office of the Register of the County of Westchester, April 5, 1930, as Map No. 3578, bounded and described as follows. I 9, BEGINNING at.a paint where the dividing line between Lots 94 and 98.4 ax name is shown on a map filed in Volume 21 page 54, where said dividing line between said lots intersects the North side line of County Road 67-2; thence North 260 52E 3011 Vest: along the 'Pest side Tine of Lat 964 a distance of 93.51 feet to the South side line of Lot ZOa in Block_ P as shown on said map filed in Volume 21 page 54, thence East along the South side line of Lot 108,, 15.58 feet, thence South 890 let 00', Bast 15.06 feet; thence South 780 ?91 401* Bast, 50.18. feet, thence North 490 5W 200 East 3.4.11 feet; thence North 780 3011 loll East 50.12: feet to the West side line of Lot 104, thence South 26-0 525 30" East 31.64 feet along said Westerly side line of Lot 104 to the North side line of said County road 67-2, thence wrest: =.23 feet along the North side line of said County Rid 6-7-2 to the point or place of BMINNING. Further RESOLVED, that the Supervisor and Counsel be and they hereby are authorizedt empowered and directed to do any and all things necessary ar in their judgment necessary or desirable to- effectuate the foregoing resolutions and to- accomplish the performance by the Town of FL'maroneck of its obligations under said contract,- further RESOLVED, that the Supervisor be and he hereby is authoriaed4 empowered and directed to execute and deliver any other or further documents which may be necessary or in his judgment or the judg- ment of Counsel desirable to accomplish the -- performance by the Town of Mamaroneck of its. obligations under said contract. The i The Supervisor further stated that the aforesaid lots although owned by the Town of Mamaroneck and exempt from taxation had been allowed to remain on the tag roll so that; said amounts which had accrued could be used in connection with the negotiations for the transfer of same as hereinabove contemplated and that as the Property was to be transferred to the Village he recommended that the property be removed from the tax rolls,- the same being exempt under the provisions of the tax law and that the unpaid taxes due the Town be cancelled as it would be reimbursed for same under the above contract. Upon. motion, duly seconded, it was RESOLVED, that the Supervisor, the Receiver of Taxes and Board of Assessors be and they hereby are authorized, empowered and directed to remove Lot Alas. 7,.849,10,II,12,15 and 16: from the Assess; msnt Roll and Tax Roll of the Town of Mamaroneck and to mark the same as- exempt property so long as they shall be owned and held by the Town of Mamaroneck, the same being exempt under the tax law as held for a Municipal purpose; further RESOLVED, that said Supervisor and Receiver of Taxes be and they hereby are authorized, empowered and directed to cancel on their respective books of record all outstanding- taxes together with the interest and penalties thereon shown on said books of record covering Lot: Nos. 798,9:10,11,12415 and 2.6 in Block 4 Section 6 of the Town of Mamaroneck, being for the years 1907 to and Including the State, County, Town and School taxes f-or the year 193.0. i 289 Supervisor Burton explained to the Board the progress of' negotiations in regard to the Pine Brook drain improvement and said that he hoped the contract would be let for the work in the very near future. The Supervisor advised the Board that Mr. IracDonald, County Engineer, had held a. conference with the Pine Brook Drainage Commission today, and that at that meeting an agree- ment had been arrived at upon all the outstanding undetermined details in connection with the Palmer Avenue Extension,- County Road 6:7-2 and the Pine Brook Drainage Commisaian, including the manner by which said Pine Brook drain would cross said County Road 6,7-2, and that the County Engineer had agreed to immediately advertise for bids for the construction of said County Road 6-7-2, the same to be received on December 2nd. The Supervisor stated that this Board had heretofore approved of the construction of said. County Road 67-2 and had authorized Counsel to secure the necessary rights-of-way for the construction of same, and had made the appropriation here- tofore requested by the County Engineert's office in the amount of $9,000. He also stated that due to changes in theplan for the construction of tj*e Fine Brook drain, it had been neces- sary to make certain changes and additions in the original estimated share of the three municipalities, to- wit, Village of Laxahmon.t, Town of i1tamaroneck, and the City of stew Rochelle, in addition to which Counsel had advised him that the surveys he had had made for use in connection with the land takings for said road and the title searches had disclosed that there was more land and/or rights of way to be acquired within the Town of Mamaroneck than the County Frigineerts survey maps orig- inally indicated and the County Engineerxs maps had been annexed in accordance with said surveys,, which increased the proportionate share of the Yown of Mamaroneck and decreased the share of the Cit of Ilew Rochellew He stated that the revised estimate of the cost of the improvement exclusive of rights-of-Ray was 117,000. and it was = therefore necessary for the Town of Mamaroneck to authorize the additional appropriation of $8,000. or a total appropriation of $17,000. as its estimated share of the cast of this improvement , :r and he recommended that the proper resolution be adopted by this, Board approving of the appropriation for said improvement- Counsel stated that he had drone a considerable amount: of work in connection with title searches and negotiations for the purchase of the various parcels of land which would have to be acquired by the Yawn of Mamaroneck for rights=of way in connection with. the improvement and construction of County Road: 67-2 but that due to certain title complications, i.e. certaim owners apparently -claimed more land than the Title Companyrs search disclosed 'to be owned. by them (overlapping ownership] which he was endeavoring to- straighten out_4 and to expedite the construction of the road and the letting of the contracts, he was obtaining consents from each of the property owners to enter their respective lands for County Road oons.truction purposes, using the form of consent adopted by the County Engineers office, which provides that if no agreement can be made for a satisfactory price for such lands, that the Town Board will acquire: such lands by condemnation as provided in the Highway Law. 291 Counsel further stated that he had had each of said parcels appraised, and that on the basis of the maximum appraisals, excluding engineering costs, the cost of the land to be acquired for rights-of-way would probably not exceed $15,000.00, and that the additional costs including engineering expenses, title searches and legal expenses, should not exceed $5:000., making a total estim- ated cost of construction of $37,000. and he recommended therefore - that to provide for contingencies the Board authorize the Supervisor to issue a certificate or certificates of indebtedness in the amount= of nat to exceed $40,000., the proceeds of which certificate shall be applied in payment of the cost of construction of said County Road 67-2. And that it further authorize the Supervisor to deposit with the County Comptraller the sum of $17,000. as requested by the County Engineer as pursuant to his estimate of the post of said construction, which payment the laS provides must be made prior to the awarding of the contract. U`pcn motion by Justice Wessersmith, seconded by Justice Co-llins, it was upon roll call unanimously RESOLVTD, that the Superviso-r be and he hereby- is authorized, empowered and directed in accord- ance with the highway Law, constituting- Chapter 25 of the Consolidated Laws of the State of- New York, the Town Law constituting Chapter 62 of the Consolidated Laws of the State of Ndw York, and the General Municipal Law constituting Chapter 26 of the Consolidated Lawns of the State of New York, to borrow upon the faith and credit of the Town of Mamaroneck the sum of not to e=eed $40,000. as reciuired and to issue a temporary Certificate or Certificates of Indebtedness in said amount, which shall bear interest at not to exceed 6/ per annum payable at such time or times as the Supervisor may determine, not exceeding however, I8 months from the cute thereof, and to sell and dispose of said Certificate or Certificates of Indebtedness for not less than the par value thereof, said amount- of such Certificate or Certificates of Indebtedness to be hereafter refunded by the issuance and sale of Bonds; further RESOLVED, that such Certificate of Certificates. of Indebtedness shall be in substantially the following form: UNITED STATES OF AMTRICk STATT OF NEW YORK COUNTY OF W-USTCHESTER TOWN OF Tu ULu .RON.CK Certificate of Indebtedness Issued in anticipation of the sale of highway bonds to pay for that portion of the cost of constructing a part of Falmer Avenue Extension known as County Road 67_2, which is chargeable against the Town of Mamaroneck as provided by the Highway Law constituting Chapter 25 of the Consolidated Laws of the State of New York as amended. i 293 Ka. � The Town of Mamaroneck, in the County of Westchester, a Municipal Gorporation of the State of New 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 stem of Dallars, lawful money of the United Stater. of Ameriaa, with interest thereon from date at the rats of five (5 per centum per annum, both principal and interest being payable in lawful money of the United States at the Larchmont National Bank& Trust Company, Larchmont, New York. This Certificate of Indebtedness is issued pursuant, to the provisions of the County Law constituting Chapter 11 of the Consolidated Laws of the State of New York, the General Municipal Tutor constituting Ghapter 24 of the Consolidated Laws of the State of New York, the Highway Law constituting Chapter 25 of the Consolidated Lags of the State of New York, and the Town law constituting Chapter 62 of the Consolidated Laws; of the State of New York as amended, and in strict compliance with the Constitution and Statutes of the State of New York and by virtue of a resol- ution of the Town Board regularly and lawfully adopted November 12, 1930. It is hereby certified and recited that all the condi- tions, acts and things required by the Constitution and Statutes. of the State of New 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 which this -- is one, together with all other indebtedness of said Torn of Erramaroneck is within its debt and other limits prescribed by the Constitution and Laws of this State. IN WITI7.E`SS WHEREOF, the Town of Mamaroneck, through its Town Board, has caused this Certificate of Indebtedness to be signed by its Supervisor and the corporate seal of said mown to be hereunto affixed and attested by its flown Clerk, and this Certificate of Indebtedness to be dated this day of 1931. i Supervisor Atte at.: Town Clerk Further RESOLVED, that the Town of Mamaroneck hereby covenants to pay the principal and interest of said Certificate or Ger.tificatee of Indebtedness of the amount hereinabove provided as the same shall become due by levying. assessments upon property in the Town of Mamaroneck at such time _ or times: and in such amounts as may be necessary to pay said principal and interest; further RESOLVED, that the Town of Mamaroneck hereby covenants further, in case of a default in carry- ing out the foregoing covenants, the said Town will raise by taxing all, taxable property in said Town of Xamaroneck from time to time the sum or sums sufficient to pay the principal and interest of said Certificate or Certificates of Indebtedness as the same shall. beeome due. 295 Supervisor Burton advised that the Fine Brook Drainage Commission had, since his last report to this Board, been diligently endeavoring to further the work of the Commission; that the Commission had had a number of conferences with the officials of the New York, New Haven & Hartford Railroad, the County Engineer of the County of Westchester, the Westchester County Pad±kway Commission and with the State Highway Department, both regarding obtaining rights of way and easements as well as said respective bodies making contributions towards the cost of said improvement and that these matters were all well under way towards completion; that the Engineers had prepared the final plans and specifications which had been submitted to and beer approved by the Fine Brook Drainage Commission and their Counsels. He further stated that Mr. McDonald, County Engineer, bad attended the greeting held today, November 12, 1930, and an agreement had been arrived at with Mr. McDonald regarding the manner of the Drain crossing County Road 67-2 and the method of construction to be employed; he also stated that the Commission deemed it wise, in which Tyr. McDonald agreed, that the advertis- ing for bids for the contract for the Pine Brook Drain and for County Road 657--2 be undertaken as nearly simultaneously as possible as they somewhat dovetailed into each other. He further stated that the Fine Brook Drainage Commission at its meeting this morning, to wit, Jr&v*1�Bei� 12= 1930, had authorized the immediate advertisement of the contract for letting and had fixed December 5th, 1930, as the time to receive bids therefor. He likewise advised the Board that at the meeting of the Commission held today, the Commission had adopted a resolution calling upon the three municipalities, to wit, the City of New Rochelle, the Village of Ia:rchmont and the Town of Mamaroneck to immediately contribute and pay in to the Fine Brook Drainage Commission and/or its Treasurer, 50r of their respective proportionate share of the estimated total coat: to date in addition to the 5/lof heretofore requested and paid, making a total, therefore, including this request. of 55% of the estimated cost to date of$100,000 to be jointly contributed by said municipal- iti e s. He further stated that the Act provided that the gown of Mamaroneck would contribute 25% of the estimated total cost and that 50% of the estimated total cost would be $12,500. He further stated that the Act provided for the issuance of Certificates of Indebtedness to provide for the cost of construction until completion and which Certificates of Indebt- edness would be refunded by bonds to be issued by the respective municipalities, and that on May 7-th, 1930, the town Board had authorized the Supervisor to issue a Certificate or Certificates of Indebtedness 'of not to exceed $5,000. and that of this amount he had issued 41,250. to date, which had been paid to the Pine Brook Drainage Gommissiou to cover the first call of 5,50-, so that there was still available df the first authorization the sum of $3,750., and he therefore requested the Board to authorize him as Supervisor to issue a Certificate or Certificates. of Indebtedness in an additional amount, not including the aforesaid $5,000., of $5,750., making a total authorized to date of X13-,750., so that he could pay the additional 50% requested by the Commission at once. Counsel stated that he was familiar with the request of the Fine Brook Drainage Commission, being one of the acting Counsel thereof and also with the provisions of the Fine Brook Drainage Commission Special Act and that it was proper for the Town Board at this time to authorize the Supervisor to iwsue a Certificate or Certificates of Indebtedness as requested. After discussion, upon motion, duly seconded, it was I . ' PN,GOL=, that the report of the Supervisor and the Counsel be and the same is hereby approved, and further- RESOLVED, that whereas the Pine Brook Drainage Commission authorized under the provisions of Chapter 2,60 of the Laws. of 1930, have requested the Town of Mamaroneck to pay over to said Commission for the purposes of the said Commission as provided in said Chapter 2.60 of the Laws of 1930, a portion of its contribution and will require further funds in the near future for said purposes,. and WEERMAS, pursuant to said Chapter 260 of the laws of 1930 of the Town Law of the State of New York, the Town Board may cause Certificates of Indebted- ness to be issued, the same to be a 'Town charge, the proceeds of which C-ertificates shall be applied in payment of the cost of construction as in said Special Act provided,. therefore be it RESOLVED, that the Supervisor be and he hereby is authorized and empowered in accordance with Chapter 260 of the Laws of 1930 and the Laws of the State of New York to borrow upon the faith and credit of the Town of Mamaroneak, the sum of not tts exceed a total of $13-,750.= being and including the $5,000., heretofore authorized to be issued on May 7th, 1930 (of which $1,250. had been issued as of this date and paid over to said Pine Brook Commission) and an additional amount herein requested of $8.750., making a total of 551 of the total estimated cost to date of said improvement:, and to- issue a temporary Certif- icate or Certificates of Indebtedness in said amount, which shall bear interest at a rate of not to exceed 6% per annum payable at such time or times as the Supervisor may fig, not exceeding, however, fifteen 015:1 months from the date hereof, and to sell or dispose of said Certificate or Certificates of Indebtedness far not less than the par value thereof; and further RESOLVED, that said Certificate of Certificates of Indebtedness shall be in substantially the followihg form: UNI1 2-D STATES OF AWERIGA STATE OF NEN YORK GOUNTY OF WESTCHESTER T0WN OF YAMARONECK Certificates of Indebtedness Issued Pur- suant to Chapter 260 of the Laws of 1930 of the State of Rew[ York, for the Pine Brook Drainage Commission,. - Series I - No. I � The Town of Me roneck, in the County of Westchester, a Municipal Corporation of the State of New `.Cork, hereby acknowledges itself indebted and for value received promises to pay to bearer hereof, or if Jdm it be registered, to the registered holder; on the sum of Dally s, lawful money of the United States of America with interest thereon from date at the rate of per centum per annum, both principal and interest being payable in lawful money of the United States, at i I This Certificate of Indebtedness is one of an issue ofJ 3750_, of Certificates of Indebtedness heretofore authorized in the sums of having been heretfore issued, being issued pursuant to the provisions of the flown Law constituting Chapter- &Z of the Consolidated. Laws of the State of New York and Chapter 260 of the Laws of 1930 of the State of New York and in striet compliance with the Constitution and Statutes of the State of New York, and by virtue of a resolution of the Town Board of the Town of Mmaroneek regularly and lawfully adopted November 12, 1930. It is hereby certified and recited that all the con- ditions, acts and things required by the Constitution and Statutes of the State of New 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 tbat the issue of Certificates of Indebtedness, of which this is one, together with all other indebtedness of said Town of Mamaroneck is within its debt and other limits prescribed by the Constitution and Laws of this State. IN WIMSS WEEREOF, the Town of Mamaroneck 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 Town Clerk, and -this Cgftifteate of Indebtedness to be dated this day of I �I Supervisor Attest.. Town Clerk Further RE`SCLVE'D, that the flown of Mamaroneck hereby covenants to pay the principal and interest of said Certificate or Certificates of Indebted- ness of the amount hereinabove provided as the same: shall become due by levying assessments, upon property in the Town of Mamaroneck at such time or times and in such amounts as may be nec- essary to pay said principal_ and interest, further RESOLVED, that the Town of Mamaroneck hereby covenants further, in case of a default_ in earry- ing out the foregoing covenants, the said Town Will raise by taxing all taxable property in said Town of Mamaroneck from time to time the sum or sums sufficient to pay the principal and interest of aaid Certificate or Certificates of Indebtedness as the same shall become due. Attendance at a hearing before the Publia Service Commission in regard to the Chatsworth Avenue, Rockland Avenue and Weaver Street bridges over the New York, New Haven & Hartford Railroad was reported by Counselor Gamble. He said that the New Raven Railroad requested a further extension of time for reconstruction of these bridges, namely from Suly lst, 1930 to July let,; 1933. The Board discussed this matter at considerable length and Counselor Gamble was directed to arrange a conference for the Supervisor with the legal representative of the Railroad in order to discuss the matter further. Z_ 0 1 Counsel reported on the petition heretofore filed with the Board by the Blue Club Coach Litter, Inc., for permission to have their busses make regular- stops in the fawn of Vamaronecik at certain points along their route. Counsel advised the Board that it will be necessary for the Board to hold a public hearing on said application prior to the granting of a permit as requested in the application. Upon motion, duly seconded, it was FOGGLVE-D', that the report of Counsel be received. Counsel presented a bill of Charles A. Hollister and George S. Towle for engineering and surveying work heretofore done for the Town of Mlmaroneck. He ata.ted that the bill had been handed to him by Supervisor Burton with the request that he investigate the same and make a report thereon. He stated that the work had been done and involved a considerable amount Of surveying work in connection with the establishment of the lines at the intersection of Chatsworth. Avenue, VYrtle Avenue, Murray Avenue and Xorth Chatsworth Avenue, including the lines of the Park and the lines of the New York, New Haven & Hartford bridge over the Railroad at Chatsworth Avenue when the same was extended some years ago. He stated that the Board had at that time authorized him to have the work done at that time but that he would like special authorization to pay this bill. He stated that he was satisfied that all of the work shown on the bill which was itemized had been ordered and had been done and approved. Counsel stated that he had conferred with George S. Towle regard- ing the matter and tthat Chief Tonle had stated to him that upon the completion of the work a mill had been duly prepared on a town claim and properly filed in the Town Office by him personally; that thereafter he ,had retired from active work and the payment of the bill had entirely escaped his attention and that lair. Hollister had spoken to him regarding it some years thereafter and that he had investigated the matter in the Town office but that the bill could not be located and the bill had apparently been lost or mislaid for which reason the same had never received attention and that he had thereupon prepared a new claim and filed the same with the Supervisor. Counsel stated that while the work had been done in the gears 1921 and 1922 and there was no question but that the work had been done and the bill waa, proper and due and owing to the claimants and action thereon had not. been taken through no fault of the claimants and had not been rejected by the Town Board and no action taken either through the loss of the bill or same having been mislaid, he felt, it was a proper claim and should be Paid. The Supervisor recommended the payment of same. J The following resoluti..on was therefore offered by ustice hIessersmith, seconded by Justice Boyd, HF-SOLV'FD, that the bill of Charles A. Hollister and George S. Towle for engineering and surveying services performed for the Town of Mamaroneck in the amount of $729..Z5 be approved, further RZ°SOLVED, that the Supervisor be and he hereby is authorized, empowered and directed to make payment of the aforesaid claim. 3' 0. 3. . Counselor Gamble presented a brill of Charles A. Hollister and James N. Duffy for engineering and surveying work heretofore done for the Town of Mamaroneck between June 20th, 1924 and April 1, 1925.. He stated that the work had been done in connection with the establishing of the revised and corrected New Rochelle-Yamaron- eck boundary line. He stated that the work had been ordered by Supervisor Burton and that through inadvertence it had never been paid and that he was satisfied that all. the work shown on the bill which was itemized, was ordered, the work done and approved. Counsel atated that while the work had been done in the years 1192-4 and 1925 and there was no question but that the work had been done and the bill was proper and due and owing to the claimants and action thereon had not been taken through no fault of the claimants and had not been rejected by the Sown Board and no action taken either through the loss of the bill or same having- been mislaid,, he felt it was a proper claim and should be paid. The Supervisor recommended the payment of same. The following resolution was therefore offered Vy Justice IVles:sersmith, seconded by Justice Boyd: RESOI; E , that the bill of Charles A. Hollister and James X. Duffy for engineering and surveying services performed for the Town of Mamaroneck in the amount of $1,500.00 be Epproved, further FTSOLVED, that the Supervisor be and he hereby is authorized,- empowered and directed to make payment of the aforesaid claim. _ The matter of the extension of Weaver Street Sidewalk District came up for consideration and after some discussion the - following resolution, was offered by Justice Ifessersmith and seconded by Justice Deeds- WB=AS, by an order dated November 27, 1925,, this Boa-rd duly established +Veaver Street. Sidewalk District Now I within the boundaries described in said order; and =-R AS, since said sidewalk district was estab- lished sidewalks have been graded and constructed therein in the manner provided by law; and WILRREASz this Board deems it necessary and pro-per to extend the. boundaxies of said sidewalk district so as to include the lands and premises hereinafter described which are situated entirely within the unincorporated section of said Town, outside of the �aerpe�a fed-s ee�ae�-e'€-aa�-�ar�ax«�a�t.s•�e`-ai=-tl�e Villa-ges of Mamaroneck and Larchmont, and which are shown on a certain map entitled "Map of Proposed Extension of Weaver Street Sidewalk District. No.. 1_,, in the Town of Mamaroneck, Westchester Co., N.Y.,* made by A. J. Foote, Engineering Corporation, dated June 1930, to the end that the comfort.,, convenience and safety of the persons residing within the proposed extension may be promoted,- and WHEREAS, it appears to the satisfaction of the Board that all the property within the boundaries df the said proposed extension and shown on the aforesaid map will be benefited by the grading and construction of concrete sidewalks therein, and that no,property other than that embraced within the aforesaid boundaries will be benefited by said improvement, now therefore, it- is r3-_0" 5 RESOLVED, that a public hearing will be held by and before this Town Board at the Town Rooms NO— 6 Elm Street, in the Village and Town of Mamaroneck, New York, on December 9th, 1930, at S:15 alabek P.7- pursuant': to the provisions of Article 11-a of the Town Law and Chapter 470 of the Laws of 1926, as amended, when a full _ opportunity to be heard- will be given to all Persons who appear and desire to be heard in regard to all matters relating to the extension of said sidewalk district., The following is a particular description of the b-oundaries of the proposed extension. ALL. that tract of land situate, lying and being in the Town of Mamaroneck, County of Westchester and State of New York, bounded and described as follows. BEGINNING at a point in the easterly line of hurray Avenue where the same would be intersected by the southerly line of the Cross County Pae"ay and running thence southerly alon the westerly boundary of the Weaver Street Sidewalk District 91, as shown by Map bearing the following title "leap of Weaver Street Sidewalk District #l, in the Town of Mamaroneck,, Westchester County,, Yew York's matte by the A. T. Foote Engineering Corp. dated actober 21, 1928; running thence as: followa.s.outherly along the easterly line of Murray Avenue to the northerly line of Porest Avenue; thence easterly along the northerly line of Forest Avenue to a point where the same would be intersected by line parallel _ with and 100 feet westerly from the westerly line of Daymon Ifexrace ,`Senate Terrace'; thence southwesterly by a- line along the rear of lots lying between Murray Avenue and Senate Terrace, as shown an Vap of Colonial. Park filed in the Registerts, Office August 3, 1906, on Pake 21, Volume 23, said line being 100 feet westerly from and parallel to, the westerly line of Daymon Terrace (formerly Senate Terrace) to the northerly line of Colonial Avenue.; thence crossing Colonial Avenue to the southarl:y line of Colonial Avenue by line-at-right. angles to the line of Colonial Avenue; thence westerly along the southerly line of Colonial Avenue to the eagerly line of Murray Avenue; thence southerly along the easterly line of Murray Avenue to the northerly line of Romer Avenue; thence easterly along the northerly line of isomer Avenue to a point where the same would be intersec-�ed by the westerly line of Orsini Drive; thence southerly along the westerly line of Orsini Drive to the northerly line of Maple Bill Drive;. thence westerly along the northerly line of Maple Hill Drive to the easterly line of Emerson Road; thence southerly along the easterly line of 'Emerson Road to the northerly line of Edge-wood Avenue; thence easterly along the northerly line of Edgewood Avenue to a point where the same would be intersected by the easterly line of Taylor Place.; thence southerly along the easterly line of Taylor Place to the northerly line of Myrtle Avenue; thence easterly along the northerly line of Myrtle Avenue to a point where the same. would be intersected by the westerly line of Thompson Street; thence aoutheaaterly along the westerly line of Thompson Street to the southerly, line of Laurel Avenue thence Westerly along the southerly line of Laurel Avenue produced to the Town of Mamaroneck Sewer Easement; thence south- easterly along the Town of Mamaroneck_ Sewer Fasement to the north- erly line of the New York, Rev Haven & Hartford Railroad which point is the northeasterly corner of the Village of Larchmont;. thence southwesterly along the northerly boundary line of the Village of Larchmont: to a point 100 feet southwesterly from the westerly line of Chatsworth Avenue; thence northwesterly along the line parallel with and 100 feet westerly from the westerly litre of Chatsworth Avenue to the northerly line of Madisan Street.-; thence westerly along the rear of Lots 17 to 3,3, inclusive, Block W and also along the real` of Lots: 18 to ad inclusive,. Block 201 on the =- If rt 3 0 7 191ap of Larchmant. Hills Subdivisions 2 &:3:1 to the southwesterly corner of hat la Block 201 Larchmont Sills; thence westerly along the southerly line of property, now or formerly of John E. Lamb:den to the boundary line between the Town of Mamaroneck and the City of New Rochellep faience northerly along said boundary- line to the southerly line of Grass GountY Parkway; thence easterly along said southerly line of Cross County Park a-Y to the east- - erly line of Murray Avenue the point or place of BEGINNING. ALSO- ALL that tract of land situate, lying and being in the Town of Mamaroneck, County - of Westchester and State of New York- bounded and deacribedd as followa: BEGINNING at a point: in the northerly line of Palmer Avenue where the same is intersected by the boundary line between the Village: of 3-rchmont and the Town of Mamaroneck and running thence the following courses; easterly along- the northerly line of Palmer Avenue to the boundary line between the T<awn and Village of M"ama:roneck; thence southerly along the boundary line between the 'town and Village of Mamaroneck to a point in the mean high- Water line on the southerly side of Palmer Hommocks; thence westerly and northerly along the mean highwater line of Palmer Hommocks to the center line of East Greek; thence northeasterly, northerly and northwesterly along the center line of East Greek and the boundary line between the Village of Larchmont and the Town of Mamaroneck to the southerly line of the Boston Post Road; thence continuing northwesterly along the boundary line between the Village of Larchm.ont and the Town of- Mamaroneck. to- the north- erly line of Palmer Avenue to the point: or place of BFGI=IN(1_L Roth of the above tracts of land are shown on a certain map entitled " ap of]proposed extension of Weaver Street. Sidewalk District No. 1,, in the Town of Mamaroneck,, Westchester Co., N.Y." made by A. T. Foote Engineering Corporation dated Jane L93.0 and filed in the office of the Town Clerk of said Town. And it is f urthe r RESOMVED, that the Town Clerk give due notice of said hearing by posting a natiee thereof in four of the most public places- within said proposed extension and by pub- lishing the same in. the Daily Times,, a news- :paper having having a general circulation Within the proposed extension, onae,, each week,_ for three consecutive weeks, as required by Ghapter 470 of the Laws of 1920. The question of the adoption of the foregoing resolutions waa put to a vote which resulted as follows: Ayes: 6 Foes: none The chair declared the resolutions duly adopted. Upon motion duly made and seconded the Board unanimously resolved to adjourn at 11_-30 P. M. Town G1 rk