HomeMy WebLinkAbout1958_02_13 Town Board Minutes MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE
TOWN OF MAMARONECK, HELD FEBRUARY 13, 1958, IN THE
COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER
STREET, TOWN OF MAMARONECK.
CALL TO ORDER
The Supervisor called the meeting to order at 8:15 p,m, explain-
ing that this meeting had been called for the purpose of acting upon
a proposed contract authorizing the installation of water distribution
mains in the property known as Soundview Woods, Inc,
PRESENT: Supervisor Burchell
Councilman Brush
Councilman Kane
Councilman Waterman
Councilman Santoro
ABSENT: None
ALSO PRESENT: Mr, Gronberg - Town Clerk
Mr, Delius - Town Attorney
Mrs, Brewer - Secretary
CONTRACT--SOUNDVIEW WOODS, INC.
The Supervisor again reviewed the matter before the Board and in-
quired whether anyone present wished to address the Board further in
connection therewith prior to Board action thereupon and the following
persons spoke briefly:
Joseph E. Muson, Attorney for Soundview Woods, Inc„
present owners of the property affected,
Owen A. Mandeville -- on the matter of the settlement of a cer-
tiorari which he had previously referred to in connection with
this property and which he had stated had some bearing on this
matter, The Clerk at this time read a certified copy of the
resolution pertaining to said certiorari settlement which had
no bearing whatsoever on the matter at hand,
Edward P. Meehan -- on the question of whether the Board
intended to make its decision in this matter on a strictly legal
- basis as to its responsibility or on the basis of policy in con-
nection with effecting a settlement,
Councilmen Waterman, Kane, and Brush, in reviewing the various as-
pects of this matter so far discussed, stated that there existed in connec-
tion with this matter a very difficult legal problem as to the validity of
this 1929 agreement and an involved and confusing policy question as to
what constituted in the over-all picture the best action on behalf of all
concerned,
In answer to the question of the basis on which the Board would
vote as raised by Mr. Meehan, each member of the Board stated
that he would vote on the merit of the question as he saw it and in
accordance with the dictates of his conscience.
Following some further discussion by the members of the Board
with regard to the validity of the 1929 agreement if it were the sub-
ject of a legal action, the following resolution was offered by Coun-
cilman Santoro and seconded by Councilman Kane:
RESOLVED that this Board hereby approves the
contract or agreement in substance as prepared
and submitted by the Town Attorney at the Feb-
ruary 5th meeting of this Board, conditioned up-
on and subject to approval by the Westchester
Joint Water Works No. 1 of the payment by said
Westchester Joint Water Works No. 1 of
$1, 000, 00 for an easement through the property
of Soundview Woods, Inc. for the new water
transmission mains from Delaware Acqueduct
Shaft #22.
Upon roll call, the vote on the foregoing resolution was as
follows:
Councilman Brush - No
Councilman Kane - No
Supervisor Burchell - Aye
Councilman Waterman - No
Councilman.Santoro - Aye
The motion was defeated by a majority vote of three (3) "noes"
to two (2) "ayes" and the Supervisor therefore declared the motion
lost.
ADJOURNMENT
There being no further business to come before the meeting, it was
declared adjourned at 8:45 p.m.
_: J 4Aw /Clerk
L/