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HomeMy WebLinkAbout1958_10_15 Town Board Regular Minutes a. MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 15, 1958 IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE- HOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8615 p.m. PRESENT: Supervisor Burchell Councilman Brush Councilman Kane Councilman Waterman Councilman Santoro ABSENT; None ALSO PRESENT: Mr, Gronberg - Town Clerk Mr, Delius Town Attorney Mr, Friedlander - Town Engineer Mr, Finson - Accountant Mr, Orsino - Comptroller Mr, O'Brien - Superintendent of Highways Mrs, Brewer - Secretary APPROVAL OF MINUTES The minutes of the regular meetings of September 17 and October 1, 1958, were approved as submitted, PUBLIC HEARING--ORIENTA BUS COMPANY The Clerk presented the notice of hearing and submitted the affi- davit of publication of said notice in the official newspaper of the Town of Mamaroneck, The Daily Times, on October 4, 1958. The Supervisor declared the hearing open and inquired whether any person present wished to be heard either in favor of or in oppo- sition to the application, and since no one wished to be heard, on motion by Councilman Brush, seconded by Councilman Kane, it was unanimously RESOLVED that the hearing be declared closed. Whereupon, on motion by Councilman Brush, seconded by Coun- cilman Kane, the following resolution was unanimously adopted: WHEREAS, application has been made to the Town Board of the Town of Mamaroneck by William Gauthier d/b/a Orienta Bus Company for the operation of omnibuses over certain streets, avenues and highways in said Town; and WHEREAS, after due notice, a public hearing was held on such application to the said Town Board on the 15th day of October, 1958, at 8;15 o2clock p.m. , NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ma- maroneck, hereinafter called the Board, pursuant to the provisions of Sections 66 and 67 of the Trans- portation Corporations Law, consents that the said William Gauthier d/b/a Orienta Bus Company, here- inafter called the Operator, subject to the provisions, conditions, requirements and limitations hereinafter set forth, may maintain and operate motorbuses and omnibuses for the transportation of passengers and property in, upon, and along and across the follow- ing named streets, avenues, highways or portions thereof, in the Town of Mamaroneck, as follows, to wit. On Palmer Avenue, between West Line of Village of Mamaroneck, and Richbell Road, On Richbell Road, between Palmer Ave- nue and West Line of Village of Mamar- oneck. And return over the same route. FURTHER RESOLVED that this consent is subject to the following terms, conditions, requirements and limitations. 1. Nothing in this consent shall be deemed to grant or authorize any exclusive right, 2, The Operator shall obtain a certificate of conven- ience and necessity for the permanent operation from the Public Service Commission of the State of New York, and unless the same be granted within 180 days of the date of this resolution, this consent shall lapse and become null and void, 3. Nothing herein contained shall be construed as per- mitting the Operator to take or discharge passen- gers within the Town of Mamaroneck or at anypoint along the route as hereinabove described, 4. This consent shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to, or vest in anyother per- __ son or corporation whatsoever, either by the act of the Operator or by operation of law, whether under the provisions of the statutes relating to the consol- idation or merger of corporations or otherwise, without the consent of the Town evidenced by an in- strument, under seal, anything herein contained to the contrary thereof in any wise notwithstanding; and the granting,, giving, or waiving of any one or more of consents shall not render unneces- sary any subsequent consent or consents, and no assignment, lease, sub-lease, or mortgage of this consent, or of any part thereof or in- terest therein, or of the route or routes men- tioned herein, or of any part thereof, shall be valid or effective for any purpose unless the said assignment, lease, sub-lease, or mort- gage shall contain a covenant on the part of the assignee, lessee, or mortgagee that the same is subject to all the provisions, conditions, and limitations of the consent, and that the assignee, lessee, or mortgagee assumes and will be bound by all of said provisions, conditions, and limita- tions, and especially said conditions prohibiting the taking or discharging of passengers in the Town of Mamaroneck, anything in any statute or in the charter of such assignee or lessee to the contrary notwithstanding, and that the said as- signee, lessee, or mortgagee waives any more favorable conditions created by such statute or its charter, and that it will not claim by reason thereof or otherwise, exemption from liabilityto perform each and all of the conditions of this consent, 5, The Operator shall at all times during the term of this consent operate over the routes herein des- cribed only the highest type of modern city buses. 6. All vehicles which may be operated pursuant to this consent shall be propelled by power generated or contained within the vehicle itself or by storage bat- tery, but no power shall be used which will in its generation or use, produce smoke or noxious odors sufficient, in the opinion of the Town Board of the Town, to constitute a nuisance, and no motor bus or omnibus shall be put in service unless it con- forms to the specifications, rules, and regulations of the Public Service Commission of the State of New York, and unless it is authorized by the provisions of the Public Service Law or the Transportation Cor- porations Law of the State. 7. All vehicles which may be operated pursuant to this consent shall be so constructed that oil and grease cannot drop on the roadway. The maximum width shall not exceed eight feet over all. No double deck vehicles shall be operated without the consent of the Town. Each omnibus shall be equipped at all times with a hand chemical fire extinguisher in good working condition and accessible and ready for use at all times. - They shall be equipped with pneumatic tires, all other types, kinds, and forms of tires being prohibited. All buses must be fitted with brakes capable of stopping and holding the same under all conditions. The distribution of the weight on axles, length of wheel base, and other features of design shall be such as to avoid skidding as far as possible and shall be such as to permit easy _ 7 steering and control. The gasoline tank shall be located entirely outside the body of the bus with an inlet for filling, which shall permit filling from the outside exclusively. The outlet of the exhaust shall be located beyond the rear line of the body of the bus. Each bus shall have an emergency exit door located at the opposite end of the bus body from the regularly used entrance exit, which emergency door shall be securely fastened in a manner which will prevent it being opened except when opened for emergency purposes, 8. All vehicles operated pursuant to this consent shall conform in all particulars with the require- ments herein contained and shall be maintained in good and safe repair and in a manner which will in ways and at all times render the vehicles fit for public service. The Operator shall permit the Town Board to inspect at all reasonable times any or all the vehicles used by the Operator or upon order of the Town Board, shall submit any such vehicle to the Town Board for inspection. If, upon inspection, any vehicle shall be unfit for public service, then the Operator shall, upon notice, im- mediately withdraw such vehicle from service and shall cause it to conform with the requirements of the Town Board or shall remedy the defect before such vehicle shall be restored to service. All employees of the Operator while in service on any motor bus or omnibus, shall be in uniform and neat and tidy in appearance. All buses must be kept at all times well painted, neat, and clean. The driver of a bus must not operate a bus to which a trailer is attached. The Operator shall not allow his operators to smoke or light a match while in or upon a bus, or to drink intoxicating liquors while on duty. No person shall operate any motor bus under this consent unless he shall be duly licensed under the laws of the State of New York to operate the same. No person shall operate a bus who has, to the knowledge of the Operator, been convicted of a felony or who has been convicted more than twice of any charge of reckless driving or violation of the Highway Law, or the Vehicle and Traffic Law, or the ordinances of the Town, or who is not of good moral character. 9. All laws and ordinances affecting the operation of motor buses or omnibuses and all traffic regulations applicable thereto now in force or which may be in force in the Town during the term of this consent shall be complied with by the Operator. The Operator shall also comply with and enforce the carrying out of any orders or regulations which may be issued by the Town designed for the protection and safety of persons or property or for the comfort, health, or convenience of the public. 10. In case of any violation or breach or failure to comply with any of the provisions, conditions, or limitations herein contained or with any or- ders of the Town Board, acting under the powers granted by law or herein reserved, this consent may be declared cancelled and revoked by said Town Board; provided, however, that such action by the Town Board shall not be taken until it shall give notice to the Operator to appear before it on a certain day not less than ten days after the date of such notice, to show cause why this con- sent should not be cancelled and revoked, -After such notice and opportunity to be heard, even in case the company shall fail to appear, action may be taken by the Town forthwith. 11. The Operator shall assume all liability for damage to persons or property occasioned by reason of the operation or maintenance of the motor bus or omni- bus route or routes herein mentioned, and it is a condition of this consent that the Town shall be un- der no liability whatsoever either to persons or property on account of the same, and the Operator shall fully indemnify and repay to the Town, any damages, costs, and/or expenses which the Town shall be compelled to pay by reason of any acts or defaults of the Operator. The Operator shall take out and at all times during the term of this consent maintain, in full force and effect, public liability insurance satisfactory to the Town Board as to form and sufficiency, at least $100/300, 000 for each bus, or provide self insur- ance or bonds or other assurance in such amount and in such form as may be fixed or approved by the Public Service Commission or other publicbody upon which the power to regulate and prescribe in respect thereto is at present or may hereafter be conferred by the laws of the State of New York, and conditioned for the payment of all judgments that may be recovered by any person or persons on ac- count of the operation by the Operator of its buses. Policies evidencing such insurance shall be ex- hibited to the Town on demand and certificates thereto shall be filed with the Town Clerk. 12. The Operator promises, covenants and agrees on his part and behalf to conform to and abide by and perform all of the terms, conditions, and require- ments in this consent fixed and contained, and the Operator hereby expressly waives any and all ob- jections as to the reasonableness or legality of any of the provisions of this consent or any part thereof or as to any legal right or authority of the Town to impose any terms and conditions herein contained, and the Operator will not at any future time set up as against the Town the claim that any of the pro- visions of this consent are ultra vires, unreason- able or void, 13, The Operator agrees that he shall not acquire or claim any vested right hereunder but that the fore- going instrument shall be construed as a consent under the provisions of Sections 66 and 67 of the Transportation Corporations Law of the State of New York and revocable by the Town according to the terms and conditions herein expressed, OLD BUSINESS 1, Report--Request of Post Office re Letter Boxes In connection with the request of the Larchmont Post Office for permission to anchor all street letter boxes throughout the Unincor- porated Area of the Town, the Engineer reported that he had been in touch with Mr, Lane, Postmaster, and that upon checking the lo- cation of all such boxes in the Unincorporated Area, he had found all to be suitably located with the exception of some nine as stated in a letter to Mr. Lane under date of October 1, 1958, copy of which was filed with the Town Clerk, Upon the Engineerts further report of the Postmasterts verbal consent to relocate the said nine letter boxes in accordance with his direction, upon motion by Councilman Santoro, seconded by Coun- cilman Brush, it was unanimously VED that this Board hereby approves the re- 3f the Larchmont Post Office to anchor all letter boxes in the Unincorporated Area of wn of Mamaroneck provided such work be i accordance with the direction of and sub- the approval of the Town Engineer, dger Camp (Not on Agenda) the Supervisor asked the Town Attorney whether irther report on Badger Camp and the Attorney ad conferred further with the President of the Club by him that the fiscal report for the Club's opera- d be available within the next week or so. The stated that the Club had operated at a deficit in m receipt of the financial statement for 1958, he ition to render his report on this matter. NEW BUSINESS There was no new business. S COMMUNICATIONS The Clerk reported that there were no communications to be presented at this meeting, REPORTS The Clerk presented the following reports which were received and filed: Report of the Westchester Shore Humane Society, Inc, for the month of September, 1958, Report of the Receiver of Taxes and Assessments for the month of September, 1958. Report of the Town Clerk for the month of September, 1958, Report of Receipts & Disbursements, Town of Mamaroneck, for the period from January 1 through August 31, 1958. Report of Receipts & Disbursements, Town of Mamaroneck, for the period from January 1 through September 30, 1958. Affidavit of Publication of Registration Notice in the official newspaper of the Town of Mamaroneck, The Daily Times, on October 3rd and 10th, 1958. REPORT OF THE SUPERVISOR 1. Agreement of Adjustment--Thruway, Incinerator Property The Supervisor stated that he had received for signature an Agreement of Adjustment from the New York State Department of Public Works in connection with compensation for certain property owned by the Town and held for the Larchmont- Mamaroneck Joint Garbage Disposal Commission which had been taken by the Thruway. He presented a certified copy of a resolution adopted by the said Commission on December 3rd, 1955, approving the sum of $3, 800. 00 as compensation for the said property subject to final approval by the Town of Mamaro- neck and Village of Larchmont, and requested this Board's ap- proval of the disposition of this property for the aforementioned sum. Whereupon, on motion by Councilman Kane, seconded by Councilman Santoro, the following resolution was unanimously adopted: WHEREAS, heretofore on March 7, 1956, the New York State Thruway Authority acquired a certain portion of the premi- ses owned by the Town of Mamaroneck and held for the Larch- mont-Mamaroneck Joint Garbage Disposal Commission pursuant to Chapter 430 of the Laws of 1938 by filing in the County Clerk's Office of Westchester County a taking map entitled, Map No. 469 R-1, Parcel No. 469 showing that portion of the property of this Larchmont-Mamaroneck Joint Garbage Disposal Commis- sion acquired by the New England Section of the New York State Thruway; and WHEREAS, heretofore on December 3, 1955, the Larchmont-Mamaroneck Joint Garbage Disposal Commis- sion by resolution adopted that day approved a price of $3, 800, 00 as compensation for such taking subject to ap- proval by the Town of Mamaroneck and the Village of Larch- mont; NOW, THEREFORE, BE IT RESOLVED that this Board pursuant to Section 16, Chapter 430 of the Laws of 1938 approves of the disposition made by the Larchmont-Mamaroneck Joint Garbage Disposal' Commission with particular reference to the acceptance of $3, 800, 00 for the taking, Z. Agreement of Adjustment--Thruway, Station Property The Supervisor presented an Agreement of Adjustment re- ceived from Mr, Thomas MacKenzie of the State Department of Public Works in connection with compensation in the sum of $2, 000, 00 for certain property owned by the Town and taken by the Thruway located at the Station Park on which the kiosk or entrance to the tunnel is erected. The Supervisor advised that no appraisal other than that of the Thruway had been made on this property and at the suggestion of Councilman Kane, this was referred to the Town Assessor for appraisal as to the fair value of said property with report to be submitted at the next meeting of the Board. 3. Water Board Meeting The Supervisor reported that in the matter of the water pipe line in Soundview Woods, the Water Board at its meeting yester- day had voted 2 to 1 to appeal the decision as handed down by Judge Samuel Eager. He advised, however, that at Supervisor Sulla's suggestion, the Board had unanimously agreed on an in- demnification agreement which would enable the laying of a cer- tain section of this pipe line at this time, the cost to be paid by Soundview if the appeal is successful, Councilman Kane stated that he resented Mr. Newberghes statement at the meeting and reported in the local paper to the effect that politics had entered into this matter and that it had become a political football, averring that politics had played no part in his vote nor in the vote of any member of this Board. Town Attorney Delius advised that the Town could pursue one of two policies. It could either join in the appeal with the Water Board as an appelant or remain silent as the respondent and he recommended the latter course at this time since the decision dismissed the complaint against the Town holding only the Water Board liable for the cost of the installation of water pipe. REPORTS OF THE COUNCILMEN Councilman Brush -- 1, Park Commission Councilman Brush reported that the Commission had issued invitations to a Town-wide meeting of organizations and indi- viduals to be held on the evening of November 25th for the pur- pose of discussing the parks throughout the Town and the res- toration of those areas despoiled by Thruway construction. Z. Insurance Report Councilman Brush reported that he had forwarded to each member of the Board a copy of a memorandum of a study of in- surance coverage in the Town recently completed by him for his individual study prior to discussion of this matter by the Board at a later meeting, Councilman Kane -- Councilman Kane stated that he had no report at this time. Councilman Waterman -- Councilman Waterman stated that he had no report as such to make at this time but that he would like to suggest that consider- ation be given to the construction of a stairway on the east side of the ramp leading to the parking area at the south end of the station in order to enable those parking in this location to reach the station without having to walk around the north side of Mancini's garage. The Supervisor advised that the Town owned no property be- tween the garage and the Thruway but said he felt arrangements might be made with the Thruway for a walkway at this point and suggested that if this were possible such a walk be extended to the kiosk which would make it possible for commuters to go un- der rather than climb stairs to cross the Thruway. Councilman Waterman and the rest of the Board concurred in their approval of this suggestion and suggested that the Town proceed in this direction. Councilman Santoro -- 1. Opening of Thruway--Weaver Street Bridge Councilman Santoro reported at some length concerning the opening of the Weaver Street Bridge to traffic prior to the opening of the Thruway scheduled for Saturday morning, October 18th, and the attendant closing of the Weaver Street bypass, He stated that the Town had a written agreement with the Thruway stating that the present bypass from New to Old Harmon Drive across the Thruway would remain open until the Weaver Street Bridge was in operation. Further, he reported, that while this bridge itself was finished, the electricity and gas line installations were incomplete, the shoulders not in, and fences not up. He spoke also of his concern about the seepage fromthe Gardens Lake under the Thruway remarking that he had conferred with the Thruway engineers on many and nu- merous occasions about this but apparently to no avail. At this time, Supervisor Burchell declared that for months and months and months on end men working on the Thruway job were so few they could almost be counted on one hand. Now, however, suddenly due to an order handed down by the Governor in the heat of a po- litical campaign that the Thruway open on October 18th, workmen appeared from everywhere with the Authority authorizing double and triple time pay as well as the use of premium materials in order to make sure that the thoroughfare is ready for the ceremony slated for this Saturday morning. Until such orders came down from Albany, he stated, no amount of local pleas, demands, resolutions, visits to Albany, and aroused committees got anywhere in getting the work done in the Larchmont Station and Gardens Lake areas. You may rest assurre d that the right of way will be com- pleted come Saturday, he said, and to this end money is now no object. While Inommend the Authority on getting the job done, he continued, even at great expenditure of taxpayerst money for both premium time and materials, I abhor the ignoring of all else -- thus leaving our local residents with only the most miserable access roads over the Thruway and without protective fencing and other safety precautions. The discussion concluded with the members of the Board expressing their deep concern and distress over these mat- ters and with Supervisor Burchell asserting that no effort would be spared and no stone left unturned in the future as in the past to expedite the satisfactory and proper comple- tion of the Thruway. Councilman Waterman stated that he would like to com- mend publicly the Supervisor and Councilman Santoro for their effort and diligence with regard to all Thruway matters. 2. Meeting--Recreation Commission Councilman Santoro reported that the Commission had met and prepared their budget requests which had been submitted to the Supervisor. He also reported that the Department of Public Works had also prepared and submitted its requests by the date requested, REPORT OF THE TOWN ATTORNEY 1. Permissive Referendum The Town Attorney reported that no petition requesting a referendum had been filed within the statutory thirty-day period following the adoption of the resolution by this Board on September 3, 1958, pertaining to the sale of the Town- owned property located on Forest Avenue and known as Block 220, Parcel 443 on the Tax Assessment Map of the Town of Mamaroneck. Whereupon, the Board, upon the Attorney' advice thatthe requisite thirty-day period had expired, directed the Attorney to prepare the necessary deeds for the sale of -aid property in accordance with the resolution. Z. Renewal of Lease with County Park Commission The Attorney advised that the Westchester County Park Commission had notified the Town that the lease covering the use of the vacant land known as a portion of Parcel 1 B, - Sheet 9, Pelham-Port Chester Parkway would expire on Oc- tober 31, 1958, and requested advice from the Town as to whether it wished to renew this lease for another year. Following some discussion, the Board directed that the lease be renewed and upon motion by Councilman Santoro, seconded by Councilman Kane, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to sign the lease between the Town of Mamaroneck and the Westchester County Park Commission covering the use of vacant land known as a portion of Parcel 1 B, Sheet 9, Pelham-Port Chester Parkway for a period of one year from November 1, 1958 to October 31, 1959. OTHER BUSINESS (1) Weaver Street Bypass Mr. Edmund Van Hook of 198 Weaver Street, Town, inquired whether there would be any safety provisions at the site of the present Weaver Street cross-over when the Thruway opened and was advised by the Board that this bypass would be closed off at the time the Thruway opened. ^gym A X ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:05 p.m., to reconvene on November 5th, 1958. BOARD OF FIRE COMMISSIONERS The Board of Fire Commissioners meeting convened immediately upon the adjournment of the Town Board meeting. COMMUNICATIONS There were no communications to be presented at this meeting. REPORTS Commissioner Waterman presented the Fire Report for the month of September which was received and filed. CLAIMS There were no claims to be submitted at this meeting. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:10 p.m., to reconvene on November 5th, 1958. V -- Tow erk