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HomeMy WebLinkAbout1966_07_20 Town Board Minutes NOTICE OF SPECIAL MEETING TOWN BOARD TOWN OF MAMARONECK, N. Y. Pursuant to Section 62 of the Town Law, I hereby call a Special Meeting of the Town Board, to be held in the Council Room of the Weaver Street Firehouse, Weaver Street and Edgewood Avenue, Town of Mamaroneck, at 8:15 p. m. on Wednesday evening, July 20, 1966, for the purpose of finalizing the Agreement between Ekistics, Inc. , the Westchester Joint Water Works and the Town of Mamaroneck for the installation of a water main from Country Road to Old White Plains Road, and the considera- tion of such other business as may come before the Board. Peter Kane Supervisor. Dated: July 20, 1966. WAIVER OF NOTICE of SPECIAL MEETING of the TOWN BOARD TOWN OF MAMARONECK We, the undersigned, hereby waive all notice of the attached Notice of Special Meeting, to be held on Jul} 20, 1966 as called by the Supervisor, and con- sent that the meeting shall be held as therein stated. (Supervisor) (Councilman) (Councilma,n) (' - 414/1' / (Council an) (Councilman) Dated: July. 20:, 1966 MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JULY 20, 1966, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK CALL TO ORDER The Supervisor called the meeting to order at 8:15 p. m. --- ROLL CALL Present: Supervisor Kane Councilwoman Helwig Councilman Quadrine Councilman Chalif Councilman Faiola Absent: None Also Present: Mr. Gronberg Town Clerk Mr. Johnston Town Attorney Mrs. Brewer Deputy Clerk Mr. Altieri — Comptroller Mr. Widulski — Town Engineer - Mr. Kronenberger - Supt. of Recre- ation OLD BUSINESS 1. Water Main Installation Ekistics, Inc. The Supervisor recognized Mr. Hunter Meighan, attorney for Ekistics, Developers, requesting the installation of an 8-inch water main from the end of Country Road through their lands and on to Old White Plains Road, by Agreement between the said developers, the Town of Mamaroneck and the Westchester Joint Water Works, which matter had been presented and reviewed at the July 6th meeting. Mr. Meighan explained that he was present only to affirm that the Agreement was satisfactory to all parties con- cerned and authorized by the Supervisor in conformance with the Board' s direction at the last meeting. Mr. Johnston, the Town Attorney, then presented the Agreement advising that he had found it to be in order and that it had been reviewed and approved by Councilman Chalif and, accordingly, was submitted for the Super- - -, visor ' s signature pursuant to the July 6th Town Board resolution. Mr. Meighan thanked the Town Attorney and Councilman Chalif and on behalf of his client, expressed their appreciation of the courtesy and cooperation extended to them in this matter. -1- OLD BUSINESS - Continued 2. Application for Swimming Pool Permit Mr. David Hill - 14 Doris Road, Town The Supervisor advised the Board that Mr. Hill had withdrawn his application at 4 :25 this afternoon - therefore no action was required by the Board. 3. Request of Town Attorney to appeal the O'Brien Certiorari The Attorney advised the Board that in the matter of the O'Brien vs. Village of Larchmont and Town of Mama- roneck certiorari proceedings, the Appellate Division to which the plaintiff had appealed, had reversed the decision of the Supreme Court. He stated that neither the Village Attorney, Mr. Forbes, nor he could account for the reversal as handed down in the decision of Mr. Justice Hawkins, and that it was therefore Mr. Forbes ' and his recommendation that this decision be appealed to the Appellate Court. He advised that the Larchmont Village Board of Trustees had already so authorized the Village Attorney, and since the costs were shared by the Village and Town, he requested authorization to so proceed for the Town if this were the pleasure of this Board. And thereupon, on motion by Councilman Chalif, seconded by Councilman Quadrine, it was unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to proceed in appealing to the Appellate Court the certiorari pro- ceedings entitled - "Matter of O 'Brien vs Village of Larchmont and Town of Mamaroneck, with the cost thereof to be shared equally by the said Village and Town. 4. Easement Agreement - Thomas Leone, Inc. and Town of Mamaroneck - (Block 306 Parcel 751) The Attorney presented a memorandum with easement agree- ment addressed to the Board by the Town Engineer under date of July 18, 1966, in reference to the relocation of a cer- tain storm drain running through property located on Griffen Avenue and known as Block 306 - Parcel 751 and easement agreement therefor to be granted to the Town by Thomas Leone, owner of the said property. He advised that the Agreement as submitted was in order and thereupon, in accordance with his recommendation, on motion by Councilman Chalif, seconded by Councilman Quadrine, it was unanimously -2- RESOLVED, that this Board hereby authorizes the Supervisor to accept on behalf of the Town of Mamaroneck, the Easement Agreement herein pre- sented and filed for the record, granting an ease- ment or right-of-way for the construction, instal- lation and maintenance of sewers or drains through and under those certain lots, pieces, or parcels of land, situate, lying and being in the Town of Ma- maroneck as therein described. 5. Conveyance of Property in Hommocks For Middle School Complex The Attorney advised the Board of a call from Mr. Curren, Attorney for the Board of Education, requesting immediate conveyance of the 5. 427 acres of Hommocks property to the School District since the contracts for the construction of the new building had been let and the contractor was ready to be- gin work. He explained that there were actually three deeds involved in the transaction - two for the to-be-relocated Hommocks Road, and one for the actual school site property. He further pointed out that on April 25, 1965, the Town Board had agreed to sell this property to the School District for $55, 000. and an Agreement providing for the joint use of recreational facilities to be constructed by the School District as a part of the Middle School Complex. It was also pointed out in connection with the said Agree- ment, which was to be based on the "letter of intent", dated April 21, 1965 and endorsed by both parties (the Town and the School) when the offer was made by the School Board and accepted by the Town on April 25, 1965, that there were still many details and issues to be negotiated - among them, sewer lines, land fill operations, drainage installations, construction of the new road as called for on the plans, use and maintenance costs of the community pool, etc. prior to the finalizing of the said Agreement. Accordingly in the spirit of continuing cooperation with the School District, it was recommended that the Supervisor be authorized to convey title to the lands as requested by quit claim deed provided the details of the obligations of both par- ties be mutually resolved and set forth in the Agreement sub- sequent to such conveyance if this were the pleasure of the Board. During discussion, Councilman Chalif stated that he wished to be very clear as to the burden and responsibility of the Town collaterally; Councilman Quadrine raised the question of fill - stating that he would like to have accurate cost figures on the necessary drainage installations and amount of fill required so as to know the impact thereof on the Town budget; and Council- man Faiola, remarking for the record on the loose ends still to be clarified, suggested that the two Boards meet to review -3- v c ? all final plans and finalize the Agreement. To this end, the Supervisor requested Councilwoman Helwig to arrange such a meeting at the earliest possible date, stat- ing that he would like to accept the Attorney's recommenda- tion so as not to delay the School, particularly as he felt cer- tain the details of the Agreement could be finalized at such a meeting with no difficulty whatsoever. He then remarked for the record, noting that there had been criticism of this Board and particularly the Town Attorney de- laying in these matters, that this was not true - and that the Attorney always provided legal advice and action in the shortest possible time. Councilwoman Helwig stated that she, too, felt there had certainly been no delay by this Board or by the Attorney - and she also noted for the record that she felt the School Board, too, had given "full measure and more" throughout these en- tire proceedings. She pointed to the inclusion of a wading pool and enlargement of the community pool not included in the orig- inal plans, and presented Mr. Kronenberger, Recreation Su- perintendant, whom she had invited this evening in order to acquaint the Board with the many details worked out at the staff level and with the Recreation Commission. The discussion concluded upon Councilman Chalif's sugges- tion that, since the two Boards would meet to finalize the Agree- ment, the Supervisor be authorized to execute the quit claim deeds as recommended by the Attorney, and thereupon, on a motion offered by Councilwoman Helwig and seconded by Coun- cilman Chalif, the following resolution was adopted unanimously WHEREAS, this Board has received an offer from Eugene Parter, President of the Board of Trustees of Union Free School District No. 1, Town of Mamaroneck, to purchase a certain parcel of property containing 5. 427 acres, more or less, and located on the southwesterly side of Hom- mocks.Road according to the survey of Ward Carpenter Engineers, Inc. , dated February 1, 1965, entitled, "Map of Part of Hommocks Road Site, Mamaroneck School District", and WHEREAS, it appears from an appraisal of said property that said offer represents the fair value of said property; and WHEREAS, a meeting was duly held for the purpose of considering such offer, and WHEREAS, this Board, pursuant to Section 72-h of the General Municipal Law, duly approved said offer and ac- cepted the same, -4- NOW, THEREFORE, BE IT RESOLVED, that this Board hereby authorizes and directs the Supervisor to execute on behalf of the Town of Mamaroneck, a Quit Claim deed conveying to the Board of Trustees of Union Free School Dis- trict No. 1, Town of Mamaroneck, that parcel of property containing 5. 427 acres, more or less, lo- cated on the southwesterly side of Hommocks Road and known as Block 411, part of Parcel 1 and Par- cel 76, Block 413, part of Parcel 1, Block 413, part of Parcel 25, and Block 413, part of Parcel 39 on the Tax Assessment Map of the Town of Ma- maroneck, in consideration of the sum of $55, 000. to be paid to the Town by the School District, and the execution and delivery of an Agreement pro- viding for the joint use of the recreational facilities to be constructed by the School District as more particularly set forth in the said Agreement; and be it further RESOLVED, that the Supervisor be and he hereby is authorized to execute on behalf of the Town of Ma- maroneck, any other instrument or instruments nec- essary and prior hereto agreed upon for the construc- tion of said Middle School Complex. ADJOURNMENT There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared ad- journed at 9:00 p. m. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Faiola presented for authorization of pay- ment, the following Fire Department claims, and there- upon on his motion, seconded by Commissioner Quadrine, it was unanimously RESOLVED, that the following Fire Department cliams as audited by the Comptroller and approved by the Fire Chief, be and they hereby are approved, and the Supervisor and Comptroller be and they hereby are au- thorized to pay the same out of the proper item in the 1966 Fire Department budget: B & D Electric Motor Repairs $ 41. 99 Chatsworth Oil & Heating Co. , Inc. 52. 58 Con Edison 97. 00 -5- Con Edison 5. 00 Nicholas LaRussell 5. 88 McGuire Bros. , Inc. 7. 50 Mobil Oil Corp. 61. 59 N. Y. Telephone Co. 7. 43 The New Rochelle Water Co. 71. 25 Total $ 350. 22 2. Reports There were no reports. 3. Communications There were no communications 4. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:05 p. m. C a les Gronbe g -6-