HomeMy WebLinkAbout1930_12_17 Town Board Minutes 2
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U-17FTIT G 0-F, TiH' JOIi�,T TO°:id BOAS
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held Decembber 17th, 1930
The meeting; -as called to order by Supervisor Burton
at 8:35 P. Ii.
Present: Supervisor Burton
Sustices Boyd, Collins, Leeds andessersmith
Superintendent of Nightrays Coles
Town Clerk larvin
The presence of Counselor Gamble r as also no ted..
The minutes of the meetings of December 3rd and 9th
were read by the Clerk and upon motion duly ride and seconded
approved. �
A communicaticn was received from. C. C. Herritt. of �
Za.rcYrnont dated December 8th referring to a previous mzmmunicatior_
in regard to the use of the old portion of ':leaver Street on which
his property fronts. The letter was ordered received and referred
to Superintendent Coles .
A corsaunication vas received from I'illiam 1— yavison,
President of the Fenimore Cooper Estates, Inc., in regard to the
installation of the water main on Yohegar_ Road from Avon Road
to Fenimore Road. 1?r. Larson addressed the Board in person
explain mg his communication and after discussion it vas upon
motion by Tustice Iessersmith seconded by Tustice 1deda unanimously
- R�,SOUTYD, that the matter of the installation
of a water main on i,,ohegan Load from Avon Road
to Fenimore Road as presented by rTilliam Y.
Larson be and hereby is referred to the
Superintendent of Highcrays or, behalf of the
To:;n Board.
:°ic?�a.e1 Doherty of Dillon Pario addressed the Board in
regard to the eater supply and fire protection situation in
Dillon Parh. The matter F,as referred to the special committee
heretofore appointed for that purpose for report back to the Board.
xa�e�� ar3�-ate ern estiahbwa h�th�-i'itaE-break-drainage-Imprays«en.t
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Supervisor Burton advised the Board that the PI-1 ! BROOD
DP:Ii?AGE CO EHISSIC_T had, since the last report to the .�oard, and on
December 5, 1930, received 'bids for the construction of the PI.?E'
BROCK DR-An?. He stated that the Engineer had computed the bids
and including the engineering fees and other ex eases which mould
accrue in connectic-n with the completion of the project., the Commissbn
nad determined that it should provide Bads prior to the letting of
the contract to the extent of $2.00,000.00 to be adequately protected,
it being understood, of course , that any amounts ir: excess of the total
cost of the project and/or or hand at the completion thereof, would
be refunded to the respective municipalities in proportion to their
contribution as in said Act provided.
Yle further stated that at that meeting the Commission had
adopted a resolution calling upon the three municipalities, to wit,
�dew Rochelle, Barchmont and the To;=in of II°.azaaroneck-, to immediately auth-
erize their proportionate snare of the total cost predicated upon said
total cost of 8200,COO.00,. aid to pay into the Pine Brook Drainage
Commission and,,or its Treasurer, the balance of their said respective
proportionate shares of the total cost of $200,000.00,_ t.;, :Jit,
Yew Rochelle 600 .. . .,.,' X120,000.00
LarchYn.ont 15" .... .... 30,000.00
Town of LYamarone ck 25% ., .. ..., 50,000.00
The Supervisor advised the Board that, it heretofore
authorized him- as Supervisor to issue Certificates of Indebtedness
o the total artott�t of P13,.750.CO, haying, by resolution on May 7,
12-30, authorized $5,.000, and by resolution on November 12, 1930,
authorized an additional 88750, leaving; a balance,. therefore., of
130250. of the total share, to wit, 850,000. of the To sco of Yamaron-
eck still to be authorized.. This total of $13,_750.00 he had issued
and paid to the Pine Brook Drainage Commission.
Fie stated that the riot provided for the issuance of
Certificates of Indebtedness to cover construction_ costs until
completion, the amount as issued at that time to be refunded by
the issuance of bonds.
Counsel stated that he was familiar with the request of
the Pine Brook Dra-inage Commissionr being one of the acting counsel,
and also 7z,ith the provisions of the Special Act, and that it was
proper for the Tovp. Board at this time to approve the total amount
which the To :n was called upon to pay as its proportionate share of
the tote= cost, and also to authorize the Supervisor to issue a
Certificate or Certificates of Indebtedness. in said a- punt, when,
as and if he was requested so to do by said Comruissiou.
After discussion, upon motion duly seconded-, it w&s
RFS0I19ED, that the report of the Supervisor and`
the Counsel be and the samee is hereby approved.:
Upon motion duly seconded, it was
TITS01 A• , W ET=2 13, the Pine Brook Drainage Commission
authorized under the provisions of Chapter 260 of the
La. s. of 1930, have requested the Town of Lamaroneck
to authorize, appropriate and pay over to said Commission
for the purposes of the said Commission as rrovided in
said Chapter 26.0 of the lays. of 1930, the a. Lole of its
contribution to said project on the estimated total
cost of $200,000; and
7-dr -EE 4S, 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 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 as in said special Act. provided;
TH-17RI='ORB',. 3F IT
R790LTM, that the Board approves, authorizea and
appropriates the sum of Fifty Thousand (-$50,_000.
Dollars to be paid by the Town of Yama-roneek as its
proportionate share of the estimated total cost
0$200,C00 of the construction of Pine Broo'k- Drain
ny the Pine Brook Drainage Comvniss-iota as provided ia
Chapter 26.0 of the Laws of 1930, and that the Super-
visor be and he hereby* is authorized and e=mpowered
in accordance with Chapter 260 of the Laws of 1930 anar
the Laws. of the State of Year York to borrow, upon the
faith and credit of the Town of l amaroneak the sum of
not to exceed Fifty Thousand ($50,000) Dollars,
iwhich�:said $50,000. includes the $5:,00.0. and $8750.
heretofore authorized to be issued by this Board by
resolutions duly adopted on May 7, 1930 and November
12, 193-0, and to issue a temporary Certificate or
Certificates of Indebtedness in said total 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 fix, not exceeding, however, fifteen.
months from the date thereof,_ and to sell or dispose
of said Certificate or Certificates of Indebtedness- for
not less than the par value thereof; and further
?'7SOL=, that said Certificate or Certificates
of Indebtedness shall be in substantially the,
following form:
T IT M STAT3S OF =jj-- A
STATE Or, _fir YORK COUI= OF T1-STCRLTSTFR
TO FN OP 7-A?:i,-Roj7q CK
Certificate of Indebtedness Issued: Pursuant
to Chapter 260 of the Laois_ of 1930 of the
State of Yew York, for the Pine Brook
D.ra inage Commission,
-Series 195-09000 00
No., P.B.D.
The Toun of L7araroneck in the County of "Iestchester, a
Iunicipal Corporation of the State of Llew York, hereby adlaiowledges
itself indebted and for value received promises to pay to bearer
hereo_-, or if it be registered, to the registered holder, on
the sum
of Dollara;
lawful money of the United States of America with_ interest- theraon
from date at the rate of per cent= per annum, both
principal and interest being payable in lawful money of the United
States at
This Certificate of Indebtedness is one of an issue of
,150,.000. of Certificates of Indebtedness heretofore authorized
in the sums
of having been heretofa-e
-- issued,, being issued pursuant to the provisions of the Tovrfl La^a
const-ituting Chapter 52 of the Consolidated Laws :of.:the State of
Feu York, and Chapter P-GO of the Laws- of 1930 of the State of ITe.
York, and in strict compliance .Tith the Cons.tit.ution and Statutes
of the State of Yew York and by virtue of a resolution of the Tovm.
Board of the Town of liamaroneck regularly and lawfully adopted May
7th, 1930, November 12th, 1930 and Deceaber l7, 1930.
It is hereby certified and recited that all the conditions,
acts,and things required by the Constitution and Statutes. of the
State of -New Yabk 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 Town. of kamaroneck is within its debt
and other limits prescribed by the Constitution and Laws of this
State.
II~ 4aITI�SS sdI'? EOF, the Tovm of Kamarcneck,. through its
Town Board„ has caused this Certificate of indebtedness to be signed
by its Supervisor and the corporate seal of said To,= to be hereunto
affixed and attested by its Town Cleric, and this Certificate of
Indebtedness to be dated this day of 103 .
Su-o ervisor
Attest: -
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Town Clerk
Further
7E-SOL77Da that the Town of Iulamaroneck hereby coven-
ants to pay the principal sum and interest of said
Certificate or Certlficates of indebtedness of the
amount herein-.above provided as the same shall become
due by levyinS assessments_ upon property in the TovJn
of l amaronecic at such time or tines and in such
amounts as rmy be neces=sary to Day said principal
and interest; further
A-7S'OLVED. that the Town of Ulamaroneck hereby* coven_
ants further, fn case of a default in carrying out
the foregoing 'mo.venants, the said TO= will. raise
by taxing all taxable propert--y in said To?rin of
Mamaroneck from time to time the sum or sums suffic-
ient to pay the principal and interest of said
Certificate or Certificates of Indebtedness as the
s=ame shall become due; further
RFA 1S0IVED, that the Supervis.cr be and he hereby is
authorized and empo-Wered to Day over upon the
de=mand of said Commission the share of the Town of
I:mamaronecli, up. to said ti,5o,000. herein authorized.
The Supervisor explained to the Board the situation
in regard to the installation Of the Water rain recently author-
ized to extend from gifth 'venue to the Palmer .venue ,xtension
(Co. Rd.. 67-2) to serve the Sound Shore and Dillon Park Sections,
part of which Train is to be installed in conjunction w—ith the
Pine Brook drain. The Supervisor said it had not yet been ascertained
whether it would be advisable to have the installation of the water
rain made a part of the Pine -Brook drain contract or not.
After discussion it Was upon motion by Justice Collins
seconded by Justice Boyd upon roll call unanimously
R •SOLZ D, that the determination of having the
aforementioned ?rater main installation made a
Part of the . zne Brook drain contract be
referred to the Supervisor.
Counselor Gamble reported that a hearing before the Public
Service Commission would be held on December loth on the :natter
of the reconstruction of the Chat.svrorth A".venue and iteCver Street
bridges ever the 2Tevu Haven Railroad. He said that he :could be unable
to attend and suggested that the Town. Board a oint a r re
to be present in the interests of the p ep- sEntativa
e tC Tln.
Upon Notion by Justice Collins seconded by Justice Boyd
it T.-as upon roll call unani�Lously
RFSOUT.E'D, that Justice Hessersr..ith be and he hereby j
is authorized and directed to repres=ent the Tovn-i of
Hamaroneck at a hear inc before the Public Service
Commission to be :geld en December 18th in the matter
Of the reconstruction of the Chatsworth AvEiiL?E and
=aver Street bridges over the New Haven Railroad
tracka
Ii<Yr. Gagliardi addressed the Board and stated that the total
cost of improving Dante Avenue, Dip-itri Place and Simon Lane, in the
Town of 171amarcneck, heretofore authorized under the "orovisions of
Chapter 549 of the LaIrJS of 1926, as amended, had been ascertained
and deternined to be the s?r 897,505.47; that. said cost had been
apportioned against all the prooer-ty fronting on said streets as
required by said law, and that ther_gineer�s report thereon had
been filed :itl the= Tot�n Cleric.
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UT. Gagliardi suggested that the Board set a date for a
hearing so that the cost of said improvement may be apportioned,
assessed and collected as required by law to the end that bonds for
the unpaid portion of said assessment may be sold at an early date.
Justice Leeds thereupon offered for adoption the following
resolution:
RASOLVED, that a hearing for the apportionment and
assessment of the cost of improving Dante Avenue,
Dimitri Place and Byron Lane, in the Torn of
Hamaroneck, Yew York, be held by and before this
Board at the Tovm Rooms, in the Tillage and Town
of ? amaroneck on January 20, 1031, at 3:00 o'clock
P._.. and that notice thereof be published and
Posted ace-ording to lava.
The question of the adoption of the foregoing -resolution
Vas put to a vote which resulted as follows:
Ayes: 6
TToes: none
The Chair declared the resolution duly adopted.
Hr. Gagliardi addressed the Board and stated that the total
cost of regulating and constructing the sidewalk- along ;leaver Street
within TWeaver Sweet Sidewalk District 17o. 1 of the Town of llanaran-
eck, New York, had been ascertained and dwetermined to be the sum of
$60,019.72; that said cost had been apportioned in accordance with
the provisions of Section 253 of the To:vn Law and that the Engineer's
report thereon had been filed with the Town Clerk.
ITr. Gagliardi suggested that the Board set a date for a
hearing so that the cost of said improvement may be apportioned,
assessed and collected as required by law to the end that sidewalk
district bonds for the unpaid part of said assessment may be sold at
an early date.
Justice Leeds thereupon offered for adoption the following
resolution.;
RESOLVED, that a hearing for the apportionment and
assessment of the cost of regulating and constructing
the sidewalk along ?leaver Street within 'Weaver Street
Sidewalk District yo. 1 of the Town of Lamaroneck,
I'TeW York, be held by and before this Board at the
Tol.vn <<.00ms, in the Tillage and .iovva of Lamaroneck on
January 20, 1931, at 3:30 o'clock P.TE. and that notice
thereof be published and posted according to lativ.
The question of the adoption of the foregoing resolution
was put to a vote Which resulted as follows:
<Ves: 6
Noes: none
The Chair declared the resolution duly adopted..
Kr. Gagliardi suggested that a special committee of the
Board be appointed to consider a. method of assessing the cost of
grading, regulating and constructing the concrete sidevialk M3ong
Weaver Street vaithin Weaver Street Sidewalk District ivo. 1 of the
TbWn of Lyamaroneck in order that at the time cf the public hearing the
Board might be prepared to make a final determination on this matter.
On motion by Justice Leeds and seconded by the Clerk, it
was unanimously
Y SOLVED, that the Supervisor appoint a oo.ramittee
as above requested.
The Supervisor thereupon appointed to tiais committee
justices Eoyd, Collins, Yessersmith and Superintendent Coles.
upon motion duly made and seconded the Board unanimously
resolved to adjourn at 11:20 P.H-
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To:Jn Clerk
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