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HomeMy WebLinkAbout1958_08_21 Town Board Minutes MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD AUGUST 21, 1958, IN THE COUN- CIL 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. PRESENT: Supervisor Burchell Councilman Brush Councilman Santoro ABSENT: Councilman Kane Councilman Waterman ALSO PRESENT: Mr. Gronberg Town Clerk (Waivers on file) Mr. Delius Town Attorney Mrs. Brewer - Secretary BIDS--MURRAY AVENUE SEWER At the Supervisor's request, Councilman Santoro presented the fol- lowing tabulation of bids prepared by the Engineer in accordance with the Board's direction following the submission of bids at the August 6th meeting: Bidder Bid Felix Contracting Corporation $ 23, 442. 50 Frank Bracalello, Inc. 25, 265. 00 Smith Construction Company 27, 465. 00 Fiore Construction Company 28, 340. 00 R. Calcagni & Son 34, 440. 00 San Marco Construction Corporation 37, 990. 00 The Supervisor at this time informed the Board that he had requested the Attorney to submit an opinion with regard to the bids in view of the fact that the Engineer had found certain discrepancies while preparing the tabulation thereof, and the Clerk then read the following memorandum addressed to the Town Board by the Attorney under date of August 13th, 1958: "I understand some question has been raised regarding the award of this bid to Felix Contracting Company of New Rochelle, who was the lowest bidder, because of the fact that while separate bids were made as required by the Proposal, when these were added the total amount was given as $20, 932, 50, whereas if correctly ad- ded, this amount would be $23, 44Z. 50. The Soto deposit required as Bid Security as made by Felix Contracting Company was $I, I00. 00 and of course should have been (5% of $23, 442. 50 or $1, 172. 12). In the Notice to Bidders (as published) the Town reserved the right to waive any informalities in the bids, so that the incorrect addition can be waived. Likewise, the difference in the amount of the deposit re- quired for bid security could be waived where the Bidder is known to be responsible and will sign the contract. It has been said that the deposit of cash or furnishingbond to secure the signing of the contract by the successfulbid- der is for the protection of the municipality and where it is in the best interests of the taxpayer it may be waived. (McCord vs. Lauterbach 91 App. Div. 315). 1, therefore, conclude the bid may be awarded to Felix Contracting Company for $Z3,442. 50, which is the lowest bid received." Whereupon, on motion by Councilman Santoro, seconded by Coun- cilman Brush, it was unanimously RESOLVED that this Board hereby accepts the low bid, to wit the bid of Felix Contracting Cor- -- poration, for the construction of a Sanitary Se- wer and Appurtenances on Murray Avenue be- tween Colonial Avenue and Bryson Street in the Town of Mamaroneck, in accordance with the Specifications and Proposal as stated and filed in the Office of the Town Clerk, for a total price of $23,442. 50. and be it FURTHER RESOLVED that the Town Clerk be and he hereby is authorized to return to each bidder except the successful bidder, Felix Contracting.Corporation, the deposit check sub- mitted with bid as required in the Specifications and Proposal on file in the Office of the Town Clerk. MR. WILLIAM J. VEY Mr. Vey of 1 Bryson Street who was present thanked the Board on behalf of the groups concerned for its action and was assured by the Board in response to his inquiry that all traffic and other details would be carefully supervised and handled during the time of construction. APPLICATION FOR ERECTION OF FENCE--RALPH D. WHITMORE , JR. In connection with Mr. Whitmore's request for permission to erect a f ence on his property at 9 Senate Place, Town, which was presented at the August 6th Board meeting, the Clerk read a letter addressed to Supervisor Burchell by Allen L. Thompson, a neighboring property owner, dated August 14th, withdrawing his objection to the erection of said fence as proposed in the application as amended on August 20th, 1958, so as to read "basket-weave" rather than "stockade" type fence. Whereupon, in view of these facts and since there were no other ob- jections to the application, on motion by Councilman Santoro, seconded by Councilman Brush, the following resolution was unanimously adopted: WHEREAS, Ralph D. Whitmore, Jr. of 9 Senate Place, Town of Mamaroneck, heretofore requested a permit for the erection of a 4-foot-11 inch basket-weave fence to run along the rear line of his property for a distance of approximately 49 feet and along the side line of his property on the side adjoining the property of Sherwood Moore, 11 Senate Place, for a distance of approximately 23 feet, said premises located at 9 Senate Place and known as Block 112 - Parcel 546 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or erection of such fence violated the provisions of Section 112, Article 21 of the Building Code; and WHEREAS, Mr, Whitmore has appealed to this Board for modification of the Building Inspector's decision pursuant to Section 23, Article 1 of the Building Code, so as to al- low erection of said fence; NOW, THEREFORE, BE IT RESOLVED that permission is granted to Ralph D. Whit- more, Jr, to erect a 4-foot-11 inch basket-weave fence along the rear line of his property for a distance of ap- proximately 49 feet and along the side line of his property on the side adjoining the property of Sherwood Moore, 11 Senate Place, for a distance of approximately 23 feet, on his premises located at 9 Senate Place and known as Block 112 - Parcel 546 on the Tax Assessment Map of the Town of Mamaroneck. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 8.30 p. m. C rk