HomeMy WebLinkAbout1931_04_14 Town Board Minutes SF_1?CI_;1 Z:7BTIIYCG OF 2117 J.OIi?T Tn11v1T 3a`.?D
TOdH?? OF :'TaT i?OT' CIS, JT7' 70p1�_
held April 14th, 1931.
The meeting was called to order b;- Supervisor Burton at
3 P. 1f.
Present: Supervisor Burton
Justices Boyd, Leeds and Kc ssersmith
Superintendent of Highways Coles
Town Clerk r?arvin
The presence was also noted of Counselor Gamble and Special
Counselor Gagliardi.
The Supervisor stated that the Board had conver_ed. for the
purpose of holding a hearing on the matter of deter_-Fining, allocating
and apportioning the Cost of improving Dariae Avenue, Dimitri Place:
and Byron sane, in the -_ayple Fill Subdivision, pursuant to- notice
and in accordance with the report of the Special Committee filed with
the Town Clerk on Karch 18th, 1931, to the end that the cost thereof
as determined might be assessed as =°eouired by law.
The Clerk reported that the notice of hearing had been
published and posted as required bl, lau and that Yr. Gagliardi had
filed with 'him affidavits evidencing that fact.
On motion duly made and seconded, it was
FSOL777D, that the affidavits of publication and
of posting of notice of hearing be received and
filed with the Clerk.
The motion was put to a vote snd carried.
Upon further motion duly made and seconded, it was
1SOLVFD, that the reading of the notice of hear-
ing be dispensed with.
The motion was put to a vote and carried.
The Clerl�: presented and read the report of the Special
Committee to which was referred the matter of apportioning and allocat-
ing the cost of improving Dante Avenue, Dimitri Place and Byron lane,
dated Larch 18, 1931. It follows:
"Honorable Town Board of
the Town of Mamaroneck
11amaroneck, Yew York-
Gentlemen:
Your Special Committee to which was referred the matter
of the assessment of the cost of improving Dante Avenue, Dimitri-
Place and Byron Lane, in the Town of Mamaroneck, !N-ew York, under the
provisions of Chapter 549 of the Laivs of 1926, as amended, respect-
fully reports as follows:
(a) That the total cost of said improvement has been
ascertained and determined to be the sum of $97,241.20.
(b) That in said total amount of $97,241.20 there is
included the sum of$26,426.39 which represents the cost of extend-
ing the sanitary sewer system in and along Dante _venue, Dimitri
Place and Byron Lane;
R5.
(c) That this Board has heretofore adopted the policy of
assessing the cost of extending the sanitary sewer system against
the taxable property lying within the sanitary sewer district rather
than against any particular subdivision or section thereof;
(d) That your Special Committee has considered the advis-
ability of folior7ing the policy heretofore adopted by this Board
in allocating the cost of extending the sanitary sever system in and
along the above named streets against the sanitary serer district;
(e) That your Special Committee has -faet -rith the Board of
Sewer Gammissioners of Sever District ?'o. 1 of the Torn of 11,14maroneck,
New York, for the purpose of considering the advisability of assess-
ing the cost of extending the sanitary sewer system in and along said
streets, namely, $26,426..39 against the taxable real property uithin.
said Sewer District, the plans and specifications for said work having
heretofore been approved by said Board of Sesser Commissioners and the
;verk thereunder havinw been done to the entire satisfaction of said
Board of Se•,ver Commissioners;
(f) That the Board of .Sever Commmissioners has recommended
that the cost of extending said sanitary sewer system be borne by
said Sevier District, and
H700117EDS:
1. That another hearing be held upon notice as
provided by the General_ District Law for the
purpose of allocating, apportioning and
assessing the cost of improving said ante
Avenue, Dimitri glace and Byron Lane, as pro-
vided by Chapter 549 of the Laws of 1926, as
amended.
2. That the sum of $26,426.39 be deducted from
the total cost of said improvement and assessed
against the taxable real property situated l�rithin
Sewer "District 7o. 1 of the down of Mamaroneck,
Yew York, in the manner provided by Section 237
of the Town Bair.
3. That the balance of the cost of said improvement,
viz. $70,814.81 be apportioned and assessed against
the property fronting upon said Dante .tivenue,
Dimitri Place and Byron Lane, as provided by Chapter
549 of the Lays of 1926, as amended.
Dated, Yarch 18th, 1931.
8ezpectfully submitted,
'Jilliam D. Leeds
,Uesley 11. Kessersmith
john L. Coles
S'oecial Committee"
The Clerk also read a letter from the Board of Sewer
Corrai,iiissioners, addressed to the To,vn Board, dated April 6, 1931, in
which they recommended that the cost of extending the sanitary sewer
system and installing the mouse connections in and alor_g Dante Avenue,
Dimitri Place and Byron Lana, amounting to $26,426.39, be borne by
the Server District.
On motion duly made and seconded, it was
RFS017TED, that the letter from the Beard of Sewer
Commissioners be received and placed on file.
The Supervisor thereupon stated that the Board would be
glad to 'near anyone who wished to address the Board concerning the
recommendation made by the Special Co=ittee..
None reouestcd permission to address the Board._
j-lhereupcn the Supervisor stated that the Board would be
glad to hear anyone concerning the proposed assessment.
11r. Munroe Stiner stated that he owned property within
the proposed assessment area and that he was heartily in accord with
the recommendation made by the Special Committee.
There being no other present tirho cared to address the Board,
on motion duly made and seconded, it eras
H SOLVED, that the hearing be closed.
Justice Yessersmith thereupon offered for adoption the
following:
`='RE'AS, by resolution duly adopted at a meeting
held on Tanua ry 20, 1931, this Board assessed the sum
bf $97,505.47, representing the cost of improving
Dante Avenue, Diinitri Place and ryron Lane and duly
apportioned the same against the property fronting or
abutting on said streets, as provided by Chapter 549
of the Laws of 1926, as amended; and
'WH 7FTAS, said assessment was filed with the Town
Clerk of this Town on January 20, 1932, and no part
of said assessment has been paid, as reported by
said Town Clerk, altho more than 15 days have elapsed
since said assessment tiaas made and filed, as afore-
said; and
E-TRT'AS, the improvement of said Dante a venue, Dimitri
Place and Byron Lane included the extension of the
sanitary sewer system and the installation of the
house connections, the plans for said extension and
the work incidental thereto ':laving been duly approved
by the Board of Sewer Commissioners; and
.'JLERP.IS, this Board has heretofore adopted the policy
of assessing the cost of extending the sanitary sewer
system against the taxable real property lying within
the sanitary sewer district in said Town of yiamaroneck
rather than against any particular subdivision or sec-
tion thereof; this Board deeming such policy or practice
more equitable and fair to all the lands within the
sanitary sewer district; and
T-, 3H71F EIS, all property fronting or abutting on said
Dante Avenue, Dimitri Place and Byron Lane is situated
within said sanitary sewer district; and.
WHTI- AS, the cost of extending said sanitary sewer
system in and along said Dante Avenue, Dimitri Place
and Byron lane and-of installing the '.louse connections
has been ascertained and determined by this Board to
be the sum of $26,426.39,and the Board of Sewer Commis-
sioners of Sewer District Yo. 1 of the Town of Vamaroneck,
ic�,,r York, has recommended that such cost be borne by
said Serer District; and
vu=R-TAS, it is the sense of this uoard that the sum j
of $26,426.39 be levied and assessed against the tax-
able real property situated within Sewer District i!e. l
of the Town of Mamaroneck, New York, in the manner
provided by Section 237 of the mown Law;
Q9
1711M , TIC'RF__T0Rr�-, it is
?ESOILVED, that the assessment for X97,505.47 made and
levied on JTanuary 20, 1931 and apportioned against the
,,property fronting and abutting on Dante .Avenue, Dimitri
Place and Byron Lane be and the sane hereby is cancelled;
and it is further
77-1-,SOLVyD, that the report of the Special Committee dated
Harch 18, 1931, recommending that the cost of extending,
the sanitary sew=lr system iri and along. Dante :Avenue,
Dimitri Place and Syron Lane amounting to the sum of
26,426.39 be allocated to Sewer District ITo. I of the
'oti°:n of Mamaroneck, Yew York, be and the same hereby is
in all respects approved; and it is further
R7SIIV7LD, that the report of the ingineer allocating
and apportioning the cost of improving Dante .Avenue,
Dimitri Place and Byron Lane ;�.*ithin the Laple Hill
Subdivision, in the morn of T:"_amarone ck, Yelw York, which
has been determined at the sum of $70,814..81 (exclusive
of the cost of extending the sanitary sewer system in
and along said streets) be and the same hereby is approved;
and it is further
7FS=77D, that the said sum of X70,814.81 be and hereby
is levied and assessed against the property fronting or
abutting on Dante Iv-enue, Dimitri Place and Byron sane as
apportioned by the -ngineer in accordance with his report
filed with this Board this 14th day of April, 1931, as
provided by Chapter 549 of the Lags of 1926, as amended;
and it is further
RE'SOLUF'D, that the Board of Assessors be and hereby is
authorized and directed to extend and assess said amount
accordingly, and it is further
=01,7MD, that pursuant to the provisions of Article 1T
of the Tovrn lavr and of Section 5 Of the General Municipal
Lave* the Supervisor be and hereby is authorized and em-
powered to borrow upon the faith and credit of the Town
of Mamaroneck the sum of p26,426.39 for r•;'nich sum he shall
issue in the name and under the seal of said Torn a
temporary certificate of indebtedness for the sum of not
exceeding $26,426.39 ,which shall bear interest at a rate
of not more than 6�,' per annum and shall';be made payable
at such time as the Supervisor may determine, not later,
however, than October 1, 1931. Said certificate of indebted-
ness shall be sold for not less than par and small be signed
by the Supervisor and countersigned by the Tmrrn :clerk; and
it is further
EFS01VTD, that the Supervisor and Town Clerk be and they
hereby are authorized and empov�ered to sign, execute and
deliver such papers as may be necessary and proper to effect
the sale and delivery of said temmporary certificate of in-
debtedness; and it is .further
HT801,77D, that the proceeds of said temporary certificate
of indebtedness, -YIen received, be applied br the Supervisor
in part payment of te1aporar certii'icate of indebtedness
po.. 14-1930, dated December 27, 1930, for the sum of
<�97,503.47.
And the Supervisor having reported that he has negotiated
the sale of said temporary certificate of indebtedness
r*ith Trust Company of larchmont and that said Trust C_mpany
Of larch-Mont has offered to purchase the same at par at a,
rate of interest at 5/ per annum and requested that his
action in disposing of said temporary certificate of indebted-
ness on the terms above outlined be approved; and it is
further
i
?ESOLITTD, that the action of the Supervisor in dis-
posing of said temporary certificate of indebtedness
of $26,426.39 to Trust Company of Larc'.mont at par
and to bear interest at the rate of 5% per annum be
and the same hereby is in all respects approved; and
it is further
R7-SOIL777D, that pursuant to the provisions of Chapter
549 of the Laws of 1926, as amended, the Supervisor
be and hereby is authorized -and empowered to borrow
upon the faith and credit of the To--m of Yama-roneck
the sum of p70,814.81 for -,rhich sum he shall issue in
the name and under the seal of said Town a temporary
certificate of indebtedness for the sum of not exceeding
:PO,814.81 which shall bear interest at a rate of not
more than 6% per annum and shall be made payable at such
time as the Supervisor may determine, not later, however,
than October 1, 1931. Said certificate of indebtedness
shall be sold for not less than par, shall be signed by
the Supervisor and countersigned by the To,Jm Clerk;
and it is further
R7PS0LVR'D, that the Supervisor and Town Clerk be and
the; hereby are authorized and empowered to sign,
execute and deliver such papers as may be necessary
and proper to effect the sale and delivery of said
certificate of indebtedness; and it is further
RESOL77D, that the proceeds of said temporary certi-
ficate of indebtedness, when received, be a;plied by
the Supervisor in part payment of temporary certificate
of indebtedness ?To. I4--1930 for $97,505.47, dated
December 27, 1930.
And the Supervisor having reported that he has nego-
tiated the sale of said temporary certificate, of
indebtedness :with Trust Company of .;archnont and that
said Trust Connpany of Larchmont has offered to purLchase
the aamc at par a t a rate of interest of 5 per annum
and requested that his action in dis-oosing of said
temporary certificate of indebtedness on the terms
above outlined be approved; and it is further
R7SOL-TL-D, that the action of the Superviscr in disposing
of said temporary certificate of indebtedness of
,70,814.81 to Trust Company of LarchMcnt at par and to
bear interest at the rate- of 5%,, per annum be and the
same hereby is in all respects approved.
U-oon a vote being ta.cen upon the f'o °egoing resolutions,
the same were declared unanimously adopted by the
following, vote:
Ayss• 5
?Toes: one
The Chair declared the resolutions unanimously adopted.
The Supervisor reported that a temporary certificate of
indebtedness for $60,019.72, dated December 24, 1930, issued for
the purpose of paying the cost of laying and constructin;; concrete
sideralks aloe; ';reaver Street in a.ntici_catien of the collection of
assessments and/or the sale of side'vall- district bonds was due and
payable on April 1, 1931; that no part of the assessment had been
paid and that the bonds have not been sold and that appropriate
steps should be taken by the Deard authorizing the renc'r:ra1 of the
certificate in question.
it
Th-ereupon Justice Leeds offered for adoption the follo-ring.
!H77-7AS, pursuant to resolutions adopted by this =oa.rd
at a inecting held on :December 24, 1930, this poard
authorized the Supervisor tc issue and sell a temporary
certificate of indebtedness for the sum of $60,019.72
to pay the cost of grading, regulating and constructing
concrete sidewalks along ";weaver Street within ':rea.ver
Street Sidewall-: District Teo. 1 of the Town of L-,arnroneck,
?ew York, pending the ccllection of the assessment made
and levied under the provisions of _ rticle 11-a of the
Town lair and/or the sale of sidewalk district bonds as
provided by law; and
ER S, the ,Supervisor did accordingly issue and sell
a _te;gporary certificate of indebted_ncss for said_
amount; and
',YTERFAS, said certificate became due and was payable
on. April 1, 1931; and
�,F R'AS, no part of the assessment has been paid and
no bonds have been sold; and
, f'^R`E`AS, it is the sense cf t'�is .Waard- that said
temporary certificate of indebtedness be renewed
pending the sale of sideiTtal% district bonds and re-
ceipt of the proceeds thereof as provided by Section
253 of the o-vm lairs as amended by, Chapter 201 of the
Laws of 1927;
11 CW, =RL-FOR , it is
—,FSOL77 D, by this Board that the Superviscr be and "hereby
is authorized and empowered to xenew the aforesaid
certificate of indebtedness and for that purpose he snail
ma'-1e, sign and deliver in the name and under the seal of
said 'loin*n a temporary certificate of indebtedness of
$60,019.72 dated as of April 14, 1931, in anticipation
of the issuance and sale of sidewalk district borids to
pay the cost of regulating, grading and constructing
sidetaalks along Weaver Street; and it is further
RDSOLVFD, that said certificate shall bear interest at
a rate not to exceed 61 per annum and shall mature at
such time as the Supervisor may determine, not later, how-
ever, than July 1, 1931; and it is further
RESOLVID, that said certificate shall be paid with the
amount realized from the proceeds of the sale of side-
salk district bonds to be sold in the manner provided
oy Article 11-a of the Lora Law; and it is further
Rr.SCL` FAD, that the Supervisor and - oY<<n Clerk be and they
hereby are authorized and_ e z o*7ered to sign, execute and
deliver such papers as may be necessary and proper to
Effect the sale of said certificate.
And the Supervisor raving reported: that he has negotiated
the rene-,va1 of said temporary certificate of indebtedness
with Trust Company of larcilmont and that said Trust
Company of Larchmont has offered to accept the sane at
par and_ at a rat: of intor,2st of 5 per annum, the same
rate which the original interest bears, and requested that
his action in negotiating the renewal of said temporary
certificate of indebtedness on the terms above outlined
be approved, it is further
RF-SOIL777D, that the action of the Supervisor in effecting
the renc-Wal of said temporary certificate of indebtedness
for :60,019.72 with Trust Company of Larchmont at par to
bear interest ut the rate of 5% per annum be and the same
hereby is in all respects approved.
The ciuestion of the adoption of the foregoing resolutions
was put to a vote which resulted as follovrs:
.ayes: 5
L ce s. ="one
The Chair declarod the resolutions unanimously adopted.
Victor D7orkovitz of the Colony Home Builders Corporation
of 'Nev,r York City and Bertram Karcus of the Charmare Realty and Con-
_ struttion Company of Ifew York City addressed the 7board in regard to
the release of a certain easement for drainage in the _,:aple Hill
section. The matter eras ordered referred. to Counsel and Supervisor
r,ith pov,er to have the necessary papers prepared for signing.
The Clerk reported that he had been requested by the
Receiver of Taxes to obtain the necessary authorization for the
Receiver to publish the annual notice of the tar, sale as reouired
by lay.
Upon motion by the Clerk, scccnded by Justice iessersroith,
it was upon roll call unanimously
77SCL77-'b, that the 7eceiver of Tares be and_ he
hereby is authorized, empoirered and directed to
attend to the publication o.f the annual notice of
tax sale as required by law.
A framed photograph of the late Dr. William -T�. Bullard,
for many years Health Officer of, the TotTn of Mamaroneck, similar to
the photograph secured by the 'illage of Larchr_ont, of i_ic'n Dr.
Bullard ,, s also the Health "!fficer, 1�ras presented to the Town by
_._ Supervisor Burton on behalf of the associates of Dr. Bullard.
Upon motion by Justice Boyd, seconded by Justice Ieeds,
it was unanimously
77SOI:VT'D, that the framed photograph of the late
Dr. William 7. Bullard be received and that this
Board officially accept the photograph and frame
and that it be hung perpetually in the Town office
in a suitable dace.
1r. Gagliardi reported on the matter of Irene B. 7.varts
against Town of I'Jamaroneck vvhicl? is an action pending in the Supreme
Court brought to recover the sum of $256.00 for damages alleged to
have been sustained to her home as a result of over-charging of
blasts in front of her home during the year 1929. The blasting was
being done by a contractor employed by the Town.
Hr. Gagliardi stated that Lrs. Fvarts' attorneys agreed to
compromise the claim and accept $150.00 in full settlement thereof.
1,1r. Gagliardi also stated that while he was confident of
the outcome, in that it would be most difficult for 1.irs. Tvarts to
prove liability against the Town, the expense which the Tovvn ;could
incur in defending the action would unquestionably exceed the amount
— asked for in settlement of said claim.
Lfter discussion and consideration, Justice Yessersmith
offered for adoption the follov:iing:
'RPSOI-77-D, that it is the sense of this Board that the
best interests of the '_'orrn would be promoted by
settling and compromising the action brought by Irene -'.
Fvarts against Town of lamarcneck mentioned in .r.
Gagliardi's report, and it is further
i
7
P:F'-SOLIPD, that the Supervisor be and hereby is
authorized, emyoo,-,,=ed and directed to settle and
compromise the action brought by Irene 7. 7varts
against ' o,;n of `✓a- a-roncck for a sum not exceeding
X150.00 ti�rithout, hoz��ever, conceding any liability for
the alleged claim and that he pay such amount as !ay
be settled for upon receipt of a consent of disaontinu-
- ance of the action and a general -release.
The question of the adcptinn of the foregoing resolutions
— was 'out to a vote lrhieh resulted as follows:
Ayes: 5
Noes: Yone
The Chair declared the resolutions duly adoptEd.
U-oon motion duly Trade and seconded, the Board unanimously
resolved_ to adjourn at 4:20 P. Tai.
Town Clerk.
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