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HomeMy WebLinkAbout1958_05_07 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 7, 1958, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEA- VER 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 Kane Councilman Santoro Councilman Waterman ABSENT: None ALSO PRESENT; Mr, Gronberg - Town Clerk Mr, Delius - Town Attorney Mr, Friedlander - Town Engineer Mr, Orsino - Comptroller Mr, Finson - Accountant Mr, O'Brien - Superintendent of Highways Mr, Deschensky - Fire Chief Mrs, Brewer - Secretary APPROVAL OF MINUTES The minutes of April 2nd and April 16th, 1958, were approved as presented, OLD BUSINESS a, Report on Application of West-Fordham Transportation Corp, The Town Attorney presented a resolution drafted by him upon consultation with Mr. Rukin of West-Fordham, and after some discussion with reference to several points previously questioned and herewith incorporated in the resolution to the satisfaction of both West-Fordham and the Town of Mamaroneck, upon motion by Councilman Kane and seconded by Councilman Santoro, the following resolution was unanimously adopted: WHEREAS, the Town of Mamaroneck, hereinafter re- ferred to as the "Municipality", at its regular meeting held on April 16, 1958, pursuant to due publication of notice of ,u - public hearing, duly adopted a resolution giving permis- sion and approval to the application of West-Fordham Transportation Corporation of 439 West 203rd Street, New York City, New York, for the right, consent and/or permit to transport passengers for hire over, upon, and along certain streets, avenues, and public places set forth in said application. NOW, THEREFORE, IT IS RESOLVED that the "Municipality", pursuant to Ar- ticle V of the Transportation Corporation Law of the State of New York, hereby grants to said West-Fordham Transportation Corporation, subject to the terms and conditions hereinafter set forth, its consent to establish, maintain, and operate omnibus lines or routes for the transportation of passengers, for hire, over, upon, and along the following streets, avenues, and public places in the "Municipality", as follows: On Boston Post Road between the north- easterly boundary of the City of New Ro- chelle and the southwesterly boundary of the Village of Larchmont; on Palmer Ave nue between the northeasterly boundary of the Village of Larchmont and the south- westerly boundary of the Village of Ma- maroneck; on Richbell Road between Palmer Avenue and the southwesterly boundary of the Village of Mamaroneck; and return; as presently operated under temporary consent granted by the Public Service Commission on November 12, 1957, Case No. 18429. and it is further RESOLVED that this consent is subject to the following terms and conditions, namely: 1. No franchise or utility taxes shall be imposed by the "Municipality". 2. West-Fordham Transportation Corporation as- sumes all liability for and will hold the "Munici- pality" harmless of and from any and all damages that may occur to persons or property by reason of the op- eration and maintenance of its said buses in the streets, avenues, and highways as hereby authorized, and other- wise operated in the "Municipality" and shall during the continuance of this consent, hold a policy of liability and accident insurance covering damages to one person in an amount not less than $100, 000. and in an amount not less - than $300, 000, for damages arising out of injury to any other number of persons, and property damage coverage in the sum of $5, 000, , said policies shall be kept in full force and effect during the term of this consent, 3. This consent shall be for a period of ten (10) years from January 1st, 1958, but this consent may be terminated at any time by the "Municipalitytl° prior to the expiration date for failure on the part of said West-Fordham Transportation Corporation to comply with any of the terms, conditions, or agree- ments contained in this consent, after a hearing on sixty (60 days' notice in writing by registered mail to the said Corporation. At the end of the initial five (5) years of the term of this consent, the term shall be automatically extended for an additional period of five (5) years beyond the original expira- tion date, and shall be so extended on each fifth an- niversary date thereafter, unless either party shall notify the other in writing by registered mail within thirty (30) days prior to such anniversary date of its intention to modify or terminate the term thereof, 4. This consent shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner in violation of any of the provisions or regulations of the Public Service Com- mission, nor shall title thereto, either legal or equitable, or any right, interest, or property there- in, pass to or vest in any other person or corpora- tion whatsoever, either by the act of the Corporation or by operation of law, whether under the provisions of the statutes relating to the consolidation or merger of corporations or otherwise, without complying with the pertinent provisions and regulations of the Public Service Commission, anything herein contained to the contrary thereof notwithstanding, and the granting, giving, and waiving of any one or more of such con- sents, if required, shall not render unnecessary any subsequent consent or consents, if so required, and no assignment, lease, sublease, or mortgage of this consent, or of any part thereof, or interest therein, or of the route or routes mentioned herein, or of any part thereof, shall be valid or effectual for any purpose unless the said assignment, lease, sublease, or wort- 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 this con- sent, and that the assignee, lessee, or mortgagee as- sumes and will be bound by all of said provisions, con- ditions, and limitations, anything in any statute or in the charter of such assignee or lessee, to the contrary notwithstanding. 5, The Corporation shall comply at all times with all orders and regulations of the Public Service Commis- sion relative to its schedule, mode of operation, kind and £ character of buses used, etc. The Corporation shall operate its buses over the routes herein designated for the accommodation of the residents of the Town of Mamaroneck upon an ample schedule, and with suf- ficient frequency so as to give through service over each entire route both ways, and shall at all times maintain the schedule of fares and tariffs, including the issuance of transfers authorized by the Public Service Commission of the State of New York. 6. West-Fordham Transportation Corporation agrees that it shall not acquire or claim any vested or ex- clusive right hereunder, but that the rights contained herein shall be construed as a consent under the pro- visions of Section 66 of the Transportation Corpora- tion Law of the State of New York and revocable by the "Municipality" according to the terms and condi- tions herein expressed. 7. West-Fordham Transportation Corporation shall' not use public streets or places for the parking or storage of motor buses. 8. Nothing herein contained shall be construed as permitting West-Fordham Transportation Corpora- tion to erect any structure whatever upon any streets, avenues, or highways, and they shall not construct or maintain any fixtures or structures in such streets, avenues, or highways unless specifically authorized by the "Municipality", but the latter may designate one or more street terminals for the use of the Corpora- tion and the points for receiving and discharging pas- sengers. 9. The insolvency of the West-Fordham Transporta- tion Corporation, or the appointment by any court or judge of a receiver or receivers for said corpora- tion, shall be valid ground for revoking this consent, unless contested and vacated within a reasonable time thereafter, at the option of the "Municipality", and the West-Fordham Transportation Corporation expressly stipulates and agrees that the right herein reserved in this paragraph by the "Municipality" is one of the prin- cipal considerations for this consent, and that it will not prevent, hinder, or delay, by injunction or other- wise, the full exercise of the right herein reserved to the "Municipality". The failure of the West-Fordham Transportation Corporation to properly maintain ser- vice and equipment and to comply with orders of the Public Service Commission of the State of New York, or other duly constituted bodyor official having au- thority under the law, or by the terms and provisions of this consent, because of lack of capital funds, shall also be valid ground for revoking this consent at the election of the 'Municipality" as herein provided, after a hearing on sixty (6,0)-days I written notice to West- Fordham Transportation Corporation. 10. If at any time during the term of this consent, the West-Fordham Transportation Corporation shall cease to operate, except for causes beyond its con- trol, said causes including but not limited to strikes, lockouts, sit downs, emergencies, war or govern- mental intervention and restrictions, the route men- tioned herein, for a period of five (5) days, without the previous consent in writing of the "Municipality" or the Public Service Commission, then the said "Municipality" shall have the right to declare this — consent to be terminated and to cancel and annul the same, after a hearing on thirty (30) days' written notice to the West-Fordham Transportation Cor- poration, 11, It is understood that the West-Fordham Trans- portation Corporation shall operate pursuant to this consent, only the routes on the streets, avenues, or highways herein mentioned, but should vehicular traffic be diverted from any of the streets, avenues, or highways forming any part of the route or routes because of police orders, fires, parades, repairs, public improvements, or any other event which will close the said streets, avenues, or highways to ve- hicular traffic temporarily, then the Corporation may, subject to designation by the "Municipality", use such other streets, avenues, or highways as are necessary to continue the operation. If, however, for any reason, any of the said streets, avenues, or highways shall be closed to vehicular traffic for a longer period than twenty-four (24) hours, then the Corporation shall communicate with the "Municipality" and obtain au- thority for the operation upon other streets, avenues, or highways for such longer period during which said street, avenue, or highway may be closed, The Cor- poration shall not make any claim against the "Munici- pality" or any department or officer thereof for dam- ages that may result to it by reason of the prosecution with reasonable care of any public improvement or- dered by said "Municipality", or any department or board thereof, or by reason of any diversion of traffic as herein provided. If,by reason of the closing of any street, avenue, or highway firming a part of any such route or routes, and the diversion of the buses of the Corporation to another street, avenue, or highway, it becomes necessary for the Corporation to obtain a new consent from the "Municipality" and new authority from the Public Service Commission, the Corporation shall promptly apply for such consent and authority and the time during which the operation by the Corporation of its bus or buses shall cease and shall not be deemed to be an abandonment by the Corporation of operation, 12. If at any time the powers of the authorities herein mentioned shall be transferred by law to any board, body, authority, officer or officers, then and in such case, such other board, body, authority, officer or of- ficers shall have all the powers, rights, and duties here- in reserved to, or prescribed for, the said authorities herein mentioned. , s waY -U e 13. The word "Municipalityp0 shall also mean and include any other corporation or division of government to which the ownership, rights, powers, and privileges of the "Municipality" shall hereafter come, belong to, or appertain. The words "streets", "avenues" and "highways", whenever used in this consent, shall be deemed to mean streets, avenues, parkways, highways, con- courses, boulevards, bridges, viaducts, tunnels, public places, or any other property to which the "Municipality" has title or over which the public has an easement. The word "notice", whenever used in this con- sent shall be deemed to mean a written notice. Every such notice to be served upon the West-Fordham Transportation Corporation shall be delivered, or sent by registered mail postage prepaid, to the ad- dress which they have filed with the "Municipality" Clerk, and if no such address is filed, notice shall be addressed to the West-Fordham Transportation Cor- poration, 439 West 203rd Street, New York, New York, The delivery or mailing of such notice, as and when above provided, shall be equivalent to direct personal notice and shall be deemed to have been given at the time of delivery or mailing. Whenever the "Municipality" is called upon here- in to take any action or perform any act hereunder, it shall mean that such action or act shall be done or per- -- formed by the "Municipality", or its successor as a body politic, or by its officers, agents, or representa- tives duly authorized by said "Municipality". Service or delivery of any paper or document required to be served upon or delivered to the "Municipality" here- under shall be complete if served upon or delivered to the Clerk of the "Municipality" or such person or per- sons as may hereafter be designated by law to perform the duties now performed by said officials. Whenever any hour or time is designated herein it shall be deemed to mean Eastern Standard Time, ex- cept during the period when Daylight Saving Time is in effect when it shall mean Daylight Saving Time, 14. The Corporation promises, covenants, and agrees on its part and behalf, to conform to and abide by and perform all of the terms, conditions, and require- ments inthis consent fixed and contained, and the Cor- poration hereby expressly waives any and all objections as to the reasonableness or legality of any of the provi- sions of this consent or any part thereof, or as to any legal right or authority of the "Municipality" to impose any terms and conditions herein contained, and the Corporation will not, at any future time, set up as against the "Municipality", the claim that any of the provisions of this consent are ultra vires, unreason- able or void. Nothing in this consent contained shall be J %U1 construed to require the Corporation to do any act or omit to do any act in violation of any law or or- der of a public body upon which powers or regula- tions over the affairs of motor bus or omnibus companies may at the present or hereafter be con- ferred by the laws of the State of New York. If it should hereafter be adjudicated, however, that any of the provisions, conditions, or limitations of this consent are in conflict with existing law, they shall - - be effective if and when such conflict ceases by the operation of law. 15. lest-Fordham Transportation Corporation ex- pressly promises and agrees on its part to abide by and conform to all the terms, conditions, and requirements of this consent, and shall within thirty (30) days after notice to it of the adoption of these resolutions, file in the office of the "Munici- pality'Clerk, a written acceptance of the consent contained herein and the terms thereof, and in case of its failure to do so, this consent shall become null and void and of no effect. ADOPTED by the following vote: AYES: Councilman Brush Councilman Kane Supervisor Burchell Councilman Waterman Councilman Santoro NAYS: None ABSENT: None Charles J. Gronberg Town Clerk b. Report on Application of Josephine Mastioccolo d/b/a Leon's Taxi Service At the last meeting of the Board, a public hearing was held on the application of Josephine Mastocciolo, d/b/a Leon's Taxi Service for permission to operate a school bus over a certain route in the Town of Mamaroneck on which decision was re- served. The Supervisor inquired whether the Board was ready to act upon this application, and after some discussion during which Councilman Kane observed that the Village of Larchmont Board of Trustees had granted this application at its last meet- ing and that inasmuch as any consent granted by this Board was subject to approval by the Public Service Commission, he would like to see the applicant given the opportunity to go before the Public Service Commission and so moved the following reso- lution which was seconded by Councilman Brush and unani- mously adopted. WHEREAS, after due notice, a public hearing was held on such application to the said Town Board on the 16th day of April, 1958, at 8.15 o'clock 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 Transporta- tion Corporations Law, consents that the said JOSE- PHINE MASTOCCIOLO d/b/a Leon's Taxi Service, hereinafter called the Operator, subject to the provi- sions, conditions, requirements, and limitations here- inafter set forth, may maintain and operate motorbuses and omnibuses for the transportation of passengers and property in, upon, and along and across the following named streets, avenues, highways, or portions thereof, in the Town of Mamaroneck, as follows, to wit; On the Boston Post Road from Dillon Road to the southwesterly boundary of the Vil- lage of Larchmont in the Town of Mamaro- neck, FURTHER RESOLVED that this consent is subject to the following terms, conditions, requirements, and limi- tations. 1. Nothing in this consent shall be deemed to grant or authorize any exclusive right, 2, The Operator shall obtain a certificate of con- venience and necessity 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. This permit is granted upon condition that the Operator shall carry only children of school age to and from any point along the route to St, Augus- tine's Parochial School on Larchmont Avenue in the Village of Larchmont. 4, This consent shall not be assigned or trans- ferred, 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, in- terest, or property therein, pass to, or vest in any other person or corporation whatsoever, either by the act of the Operator or by operation of law, whether under the provisions of the statutes relat- ing to the consolidation or merger of corporations or otherwise, without the consent of the Town evidenced by an instrument, 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 such consents shall not render unnecessary any subsequent consent or consents, and no assignment, lease, sublease, or mortgage of this consent, or of any part thereof -- or interest 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, sublease, or mortgage 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 limitations, and es- pecially said conditions prohibiting the taking or discharging of passengers other than school children, anything in any statute or in the charter of such as- signee or lessee to the contrary notwithstanding; and that the said assignee, lessee, or mortgagee waives any more favorable conditions created by such sta- tute or its charter, and that it will not claim by rea- son thereof, or otherwise, exemption from liability to 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 described only the highest type of modern city buses. 6. All vehicles which may be operated pursuant to this consent shall be propelled by power gener- ated or contained within the vehicle itself or by stor- age battery, 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 conforms 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 Corpora- tions 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 (8) 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 wo?, prohibited. All buses must be fitted with brakes capable of stopping and holding the same under all conditions. The distribution of weight on axles, length of wheel base, and other features of design shall be such as to avoid skidding as far as pos- sible and shall be such as to permit easy 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 out- side 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 and exit, which emer- gency 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 re- quirements herein contained and shall be main-, tained in good and safe repair and in a manner which will in all ways and at all times render the vehicle 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 pub- lic service, then the Operator shall, upon notice, immediately 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 mustnot 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 reck- less driving or violation of the Highway Law, or the Vehicle and Traffic Law, or the ordinance 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 regula- tions 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 Opera- tor 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. Incase of any violation or breach or failure to comply with any of the provisions, conditions, or limitations herein contained or with any orders 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 (10) days after the date of such notice, to show cause why this consent 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 dam- age to persons or property occasioned by rea- son of the operation or maintenance of the motor bus or omnibus route or routes herein mentioned, and it is a condition of this consent that the Town shall be under 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 dam- ages, 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 terms 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 insurance 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 public body 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 account of the operation by the Operator of its buses. Policies evidencing such insur- ance shall be exhibited to the Town on demand and cer- tificates thereof 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 requirements in this consent fixed and contained, and the Operator hereby expressly waives any and all objections as to the reasonableness or legality of any of the provi- sions 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 provisions of this consent are ultra vires, unreasonable or void. 13, The Operator agrees that he shall not acquire or claim any vested right hereunder but that the foregoing resolution shall be construed as a con- sent under the provisions of Sections 66 and 67 of the Transportation Corporations Law of the State of New York and that such consent may be revoked at any time by the Town Board whether or not it be a viola- tion or breach as provided in Section "1011 of this resolution. ADOPTED by the following vote: AYES: Councilman Brush Councilman Kane Supervisor Burchell Councilman Waterman Councilman Santoro NAYES: None ABSENT; None Charles J. Gronberg Town Clerk c. Report on Traffic Complaint--Rock Ridge Road and Post Road The Supervisor read the following communication addressed to him by Police Chief Yerick under date of April 30th, 1958, with carbon copy to Mrs. Reilly, reporting on this matter which had been referred to the Board of Police Commissioner's and his attention at the last Board meeting, "Re: Parking on Post Road at Rockridge Road In response to a request by the Town Board, arising from Mrs. Reilly°s complaint about the hazardous condition caused by parking at the above location, traffic engineers from the State Department of Public Works have inspected the area. They informed me that they will make a report recommend- ing the installation of signs restricting parking at that location." M .ur - The communication was received and filed pending the State Department of Public Works report, NEW BUSINESS a. Salary Increment--Fire Truck Driver The Supervisor presented a memorandum from the Accountant requesting authorization of a salary increment for Carl Mirande, Fire Truck Driver, to be effective as of June 1, 1958, and on motion by Councilman Waterman, seconded by Councilman Kane, it was unanimously RESOLVED that the compensation of Carl Mirande, Fire Truck Driver, be increased from $4, 840, 00 to $5, 020,00 per annum by the payment of a salary increment in the amount of $180. 00 per annum, ef- fective as of June 1, 1958. COMMUNICATIONS The Clerk presented the following communications: (1) Request for use of one voting machine for School Election Upon the Clerk's presentation of a letter from the District Clerk of Union Free School District No. 1, Mamaroneck, New York, dated - April 21, 1958, requesting the use of one voting machine for the School Elections on May 6th, 1958, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that the request of the District Clerk of Union Free School District No. 1, Mamaro- neck, New York, for the use of one (l) voting machine for the School Elections on May 6th, 1958, be and it hereby is granted. (2) Request for cancellation of taxes Upon the Clerk's presentation of the following letter from the Re- ceiver of Taxes under date of April 24, 1958: "The Town of Mamaroneck is the holder of the follow- ing tax liens on Block 204, Parcel 342: _ Year of Year of Amount of Sale Tax Lien 1955 1954 $ 6. 64 - 1956 1955 6. 99 As this property is now a part of the street known as Winged Foot Drive, I hereby request your authoriza- tion to cancel the taxes listed from the record." �y on motion by Councilman Kane, seconded by Councilman Brush, the following resolution was unanimously adopted; WHEREAS, the property known as Block 204, Parcel 342 on the Tax Assessment Map of the Town of Ma- maroneck is now part of a Town highway known as Winged Foot Drive; NOW,, THEREFORE, BE IT RESOLVED that the 1955 tax lien in the amount of $6. 64 and the 1956 tax lien in the amount of $6. 99 on the property known on the Tax Assessment Map of the Town of Mamaroneck as Block 204, Parcel 342 be cancelled; and be it FURTHER RESOLVED that the Receiver of Taxes be and he hereby is authorized to cancel said tax liens on his records. (3) Application for erection of fence--753 Forest Avenue, Town Upon the Clerk's presentation of a letter under date of April 28, 1958, from Howard Trainor, 753 Forest Avenue, Larchmont, requesting permission to erect a 5-foot high stockade fence for a distance of 40 feet along his property line as shown on map enclosed therewith, the Board directed the Clerk to follow the usual procedure, placing the matter on the agenda for the next meeting and meanwhile notifying adjoining property owners of this request and permitting time for personal inspection of the site by the members of the Board. (4) Application for erection of fence--70 Fernwood Road, Town Upon the Clerk's presentation of a letter under date of April 28, 1958, from Melvin Gluss of 70 Fernwood Road, Town, and enclosing plot plan and correspondence with Harry N. Mar- vin of 35 West Brookside Drive, Town, requesting permission to erect a 6-foot stockade type fence as indicated on plot plan, the Board directed the Clerk to follow the usual procedure placing the matter on the agenda for the next meeting, mean- while notifying adjoining property owners of the request and allowing time for personal inspection of the site by the mem- bers of the Board, The Clerk was also directed to supply each member of the Board with a copy of the plot plan enclosed with this request, (5) Request for Sergeant Smith of the Police Department to attend Tri-State Conference Upon the Clerk's presentation of a letter from the Board of Police Commissioners , dated April 29, 1958, requesting au- thorization of its recommendation for Sergeant Smith to attend the Tri-State Conference for Identification, upon motion by a Councilman Waterman, seconded by Councilman Kane, it was unanimously RESOLVED that in accordance with the recommen- dation of the Board of Police Commissioners, Ser- geant Chauncey Smith of the Police Department be and he hereby is authorized to attend the Tri-State Conference for Identification to be held at Hartford, Connecticut, on May 19, 20, and 21, 1958, with ex- penses in an amount not to exceed the sum of $65. 00, said expenses to be paid out of the item in the budget established for such purpose. (6) Request for student use of voting machines Upon the Clerk's presentation of a letter from Sheldon J. Evans, Assistant Superintendent for Business Management, Union Free School District No. 1, Mamaroneck, New York, requesting the use of three (3) voting machines, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that the request of Union Free School District No. 1, Mamaroneck, New York, for the use of three (3) voting machines for General Asso- ciation and Class Elections at Mamaroneck High School on May 15 and 16, 1958, be and it hereby is granted. (7) Request for use of Town-owned property Upon the Clerk's presentation of a letter under date of April 30, 1958, from Blaise Fatone of 711 Forest Avenue, Town, and Dominick Loiacone of 707 Forest Avenue, Town, stating that they would like to lease the Town-owned property lying between said houses from the Town, the Board, after some discussion, directed that this matter be carried over and instructed the Clerk to place same on the agenda for the next meeting. COMMUNICATION (Not listed on agenda) Request to purchase Block 125, Part of 60, Lot 201 The Clerk presented a letter from A. Poccia & Sons, Inc. , dated May 6, 1954 requesting purchase from the Town of Block 125, Part of 60, Lot 201, on a Filed Map of the Long Island Sound Re ality Co. , submitting an offer of $170. 00 and enclosing check in the sum of $17, 00 as 107o of the offer price. The Board directed the Clerk to supply a sketch of this property to each member and to carry the matter over, placing it on the agenda for the next meeting of the Board. rye REPORTS The Clerk presented the following reports which were received and placed on files Report of the Receiver of Taxes and Assessments for the month of April, 1958, Report of the Town Clerk for the month of April, 1958. Report of the Building Inspector for the month of April, 1958. Statement of Bank Balances, Town of Mamaroneck, as of May 1, 1958. REPORT OF THE SUPERVISOR (1) Deposit of Town Funds The Supervisor reported that the sum of $400, 000. had been deposited on a 6-months time deposit with the local branch of the First Westchester National Bank at 3jo interest with said bank increasing the escrow bonds held by the Manufacturers Trust Company to $500, 000. to secure this deposit. He further reported that the other bids received were as follows. First National Bank of Mt. Vernon - 2 1/410 County Trust Company - Z% National Bank of Westchester - 2% 421 Accountant's request to attend Conference The Supervisor recommended approval of a request from the Accountant to attend the Annual Conference of The Municipal Fi- nance Officers Association at Milwaukee in June, and upon mo- tion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that the Town Accountant be and he hereby is authorized to attend the Annual Con- ference of The Municipal Finance Officers Asso- ciation to be held in Milwaukee on June 8th - 12th, 1958, with expenses in an amount not to exceed the sum of $200. 00; said expenses to be paid from the item in the budget established for such purpose. (3) Citizen Committee--Hommocks Area In line with the Board's direction and on the recommendation from the Mayors of both the Village of Larchmont and the Vil- lage of Mamaroneck, the Supervisor reported the appointment of the following to this Committee. From the Unincorporated. Area - Egbert R. Hardesty, Chairman - Harry N. Marvin _. From Village of Larchmont - David L. Eggers - G. William Bailey From Village of Mamaroneck - Jerome Heffer - James L. Nolletti (4) Estimate--Whiffen Electric Co. , Inc. The Supervisor presented an estimate from Whiffen Electric Co. , Inc, of White Plains, New York, for furnishing and in- stalling time clocks with omitting device permitting skipping of one, two, or three days of light operation on two poles in the parking lots for the sum of $30. 00 per pole. He recommended authorization of such installation as it would afford the Town considerable reduction of operational costs and also eliminate objectional glare on several householders vitally affected, and on motion by Councilman Santoro, seconded by Councilman Kane, it was unanimously RESOLVED that Whiffen Electric Co. , Inc. of White Plains, New York, be authorized to in- stall and furnish for parking lots #1 and #3 in the Town of Mamaroneck, two (2) new clocks with omitting device permitting skipping of one, two or three days of light operation , at a price of $30. 00 each, or a total price of $60. 00 for the two (2) poles to be so equipped. REPORTS OF THE COUNCILMEN Councilman Brush -- (1) Restoration plans for park areas --Thruway demolition Councilman Brush described the fine observances on Arbor Day and commended the Daughters of the American Revolution on its gift of a fine tree to the Town, citing this as an example of the kind of thing organizations so-minded might do to assist the Town in its restoration work along the path of destruction caused by the Thruway construction. Mr. Frank O'Donnell of 100 Palmer Avenue, Town, addressed the Board stating that he had had the pleasure of hearing Council- man Brush address a recent meeting of the Larchmont (Gardens Civic Association on this subject and that he had suggested that the Town plant a row of trees along both sides of the highway to serve as a noise-break. In this connection, he had found that municipal- ities could obtain from the State small trees free of charge and he stated that the correspondence pertinent thereto was available if the Town desired this information for consideration in the course of its planning for said areas. The Supervisor thanked Mr. O'Donnell and asked whether he could forward this information so that it could be passed along to the Chairman of the Park Commission. Mr. O'Donnell replied that he would be very glad to do this. Councilman Kane -- (1) Planning Board Councilman Kane reported that corrected copies of the pro- posed revisions to the Zoning Ordinance will be available with- in the next two to three weeks and that an informal hearing for all interested will be scheduled shortly thereafter. (2) Apportionments Councilman Kane presented the following petitions received from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes, and on his motion, sec- onded by Councilman Waterman, the following resolution was unanimously adopted; WHEREAS, the Assessor has presented petitions for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Administrative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roll- NOW, THEREFORE, BE IT RESOLVED that the assessment roll of 1957, School taxes of 1958, which shows property now appearing on -- the roll as follows- Block Parcel Name Land only 320 518 Joseph W. Gleicher Inc. $ 4, 000 320 533 " 4, 000 320 548 °' 4, 000 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557- Block Parcel Name Land only 320 518 Garles Holding Corp 3, 000 320 1015 Joseph W. Gleicher Inc. 1, 000 320 533 6t Z, 500 320 537 Garles Holding Corp 1, 500 320 548 °° 500 320 552 Joseph W. Gleicher Inc 3, 500 FURTHER RESOLVED that the assessment roll of 1957, School taxes of 1958, which shows property now appearing on the roll as follows- Block Parcel Name Land only _320 641 Joseph W. Gleicher Co Inc $ 1, 600 320 665 ° 1, 800 2 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 320 635 Joseph Gleicher Co Inc $ 300 320 648 10 300 320 649 " 300 320 650 it 300 320 673 it 300 320 674 it 300 320 637 Luceno Building Corp 400 320 651 '° 400 320 662 Leonard Marinelli 400 320 675 Francis G. Reichling & W 400 FURTHER RESOLVED that the assessment roll of 1957, School taxes of 1958, which shows property now appearing on the roll as follows: Block Parcel Name Land only 807 15 Sal Spinelli & or 5, 700 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 807 15 Frank C. Mysak 5' Z00 807 42 Sal Spinelli & or 500 Councilman Waterman -- (1) Sidewalk--Weaver Street The Clerk presented a petition signed by 27 couples, residents of the Bonnie Way, Briar Close, Athlea Lane, Sackett Circle Area, requesting authorization and construction of a sidewalk run- ning from Bonnie Way and Weaver Street to Murray Avenue. Councilman Waterman then stated that he understood a group of residents from this area were present to speak on this matter, but stated that before hearing from them for the Board's information, he would like to review a similar request received about two years ago from a Mr. L. Lauritano of 19 Althea Lane, Town. At that time, he continued, the Board had informed Mr. Lauritano that since Weaver Street was a State highway, the Town could not con- struct such a sidewalk without first obtaining permission from the State. Nevertheless, the Board had requested the Town Engineer to prepare a cost estimate for such sidewalk construction which was submitted and at that time was in the amount of $12, 200. ex- clusive of the cost of the acquisition of any land which might be required. Mr. Daniel T. McFadden of 25 Bonnie Way, Town, then ad- dressed the Board representing the group from this area and described in detail the daily hazard and danger encountered by the 75 children living in this section while walking along Wea- ver Street, an extremely narrow and torturous highway, en route to and from the Murray Avenue School. He urgently re- quested this Board to take immediate action to alleviate and re- lieve this situation which, he declared, desparately needed such relief. During the lengthy discussion following, three points were raised and discussed at length -- first, whether the State could be persuaded to construct such a sidewalk; second, the possible development of an alternate route which would not trespass on private property; and third, the costs to and financing of such sidewalk construction by the Town. In discussing the first point, the question was raised as to whether the State owned land abutting the pavement on the wes- terly side of Weaver Street from Bonnie Way to Murray Avenue which could be utilized for a sidewalk and the Town Attorney ad- vised that this could be determined from the State Highway maps on file in the State Department of Public Works. On the second point, the question of the development of a pos- sible route over properties presently owned by the County Park Commission and without trespass on private property was dis- cussed at some length with the Board directing the Town Attorney and Town Engineer to determine whether such a route would be feasible and possible. In connection with the third point, the Town Attorney explained -- that prior to 1946 a sidewalk district could be created by petition and that the Town of Mamaroneck had a sidewalk district on Wea- ver Street from Palmer Avenue to Forest Avenue. However, he stated, the law was changed abolishing all sidewalk districts in a Town in 1946. This means that the only way a sidewalk district can be financed in a Town now is by special assessment against the abutting properties benefited. In summarizing the discussion, the Supervisor pointed out that there appeared to be three possible solutions to the problem and stated that the Board would undertake to investigate each and re- port to the interested parties. The mattes was referred to the Attorney and Engineer for study with direction from the Board to proceed at once with this investigation obtaining all information pertinent to each of the possible solutions and reporting thereupon to this Board. (2) Increase in Parkway Tolls Councilman Waterman commented on the recent increase in Parkway tolls stating that while he did not question the necessity for the increase, he did feel it was "pretty stiff." Councilman Santoro -- - Councilman Santoro reported that the work on the doors and second floor of the Firehouse had been completed and that the Engineer's report on the west wing of the Firehouse would be ready to be submitted at the next meeting of the Board. Councilman Waterman commended Councilman Santoro on the fine job done at the Firehouse, REPORT OF THE TOWN ATTORNEY (1) Investment of Town Funds The Town Attorney reported that the law pertaining to the in- vestment of capital funds had been amended at the last session of the Legislature and that it would now be in order for the Town, if it so desired, to invest the monies appropriated as a Capital Reserve Fund in the 1958 budget. After some discussion, upon motion by Councilman Kane, sec- onded by Councilman Brush, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to invest the sum of $Z5, 000. 00 appro- priated as a Capital Reserve Fund in the 1958 bud- get as provided under Section 6 F of the General Municipal Law. (Z) Zoning Violation-47 Ferndale Place In connection with this violation, the Town Attorney recom- mended that based on a report made to him by the Building Inspec- tor, action be commenced by the Town to enjoin the use of this property as a two-family residence, and on motion by Councilman Waterman, seconded by Councilman Kane, it was unanimously RESOLVED that the Town Attorney be and he hereby is authorized to commence an action enjoining the use of the property known as #7 Ferndale Place as a two-family residence. (3) 65 Palmer Avenue The Attorney reported that the Court of Appeals had dismissed the appeal filed by Topping and Orponnell, plaintiffs, on the grounds that there was no substantial constitutional question involved. (4) Tennyson Nursery The Town Attorney reported that a complaint had been served by the Town on all defendants and that the answer was due about May 13th. OTHER BUSINESS Upon the Supervisor's inquiry as to whether there was any fur- ther business to come before the meeting, the following matters were presented- 1. Authorization for Replacement of Water Main I The Clerk presented the following letter from the Westchester Joint Water Works No. 1, dated June 20th and addressed to the Town Engineer- "The water main on Hillcrest Avenue west of Judson St. , consists of a 3/411 iron pipe laid in 1904. This supplies two houses, those of Messrs. Murphy and Segreto at Nos. 3 and 5 Hillcrest Avenue. There is insufficient flow of water to these houses through this corroded pipe. It is requested that the Town authorize the replacement of this main with a 21* pipe at an estimated cost of $175, in- cluding excavation and backfill." Whereupon, on motion by Councilman Santoro, seconded by Councilman Waterman, it was unanimously RESOLVED that the Westchester Joint Water Works No. 1 be and it hereby is authorized to replace with 2" pipe the water main on Hill- crest Avenue west of Judson Street supplying houses at No. 3 and No. 5 Hillcrest Avenue at a cost not to exceed the sum of $175. 00 in- cluding excavation and backfill. Z. Sidewalks--Thruway at Fenimore Road and Rockland Avenue Mr. Edmund B. Van Hook of 198 Weaver Street, Town, in- formed the Board that the safety of the sidewalks at the points of Thruway passage on Fenimore Road and Rockland Avenue for the children in going to and from school had been discussed at length at the School District meeting the previous evening. The Board advised that both locations were in the Village of Mamaroneck, but that the Town would be glad to cooperate with the Village in any effort it might make to secure adequate safety and protection for the children. Mr. Van Hook also inquired as to the completion date for the Weaver Street bridge and was advised that no date had been submitted by the Thruway as of this time. 3. Thruway Residual Land Parcels Mrs. Flora Chudson of 11 Pryer Lane, Larchmont, requested a report of the present status of the acquisition of the Thruway residual land parcels in view of the recently announced County creation of a real estate department. The Supervisor reported in detail explaining that the Town's request was currently before the Budget Committee of the Board of Supervisors pending report by the Real Estate Depart- ment to the Budget Committee. Mrs. Chudson further stated that she thought the Planning Commission should be giving its attention to this matter and was advised by the Supervisor that this Commission had been giving its attention to this matter for some time. Councilman Brush added that the Park Commission also had been giving its consideration and attention to this matter and had had the maps of these parcels for some sixty days past. The discussion con- cluded with the Supervisor advising that the Town had a specific use in mind for each of these parcels upon acquisition. 4. Drainage Condition--30 Bonnie Way Mr. Charles Martin of 30 Bonnie Way, Town, complained of a drainage condition on the rear of his property indirectly caused by the Village of Larchmont Reservoir and requested the Boardto take steps to relieve this condition. The Board explained that this matter was technically under the jurisdiction of the Village of Larchmont but suggested that since there was no question that relief was needed, if agreeable to Mr. Martin the Town Engineer consult with the Larchmont Village Engineer in an effort to effect prompt correction of this situation. — AIWOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:35 p.m. , to reconvene on June 4, 1958. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners convened im- mediately upon adjournment of the Town Board meeting. REPORTS Commissioner Waterman presented the following report which was received and filed: Fire Report for the month of April, 1958. CLAIMS --- Commissioner Waterman presented the following claims of the Fire Department which had been audited by the Comptroller and approved by the Fire Chief, and upon his motion, sec- onded by Commissioner Brush, it was unanimously RESOLVED that the following claims be and they hereby are approved and the Supervisor and Comp- troller be and they hereby are authorized to pay the same out of the budget for the Fire Department. Charles Deshensky $141. 00 Harrison Iron Works 100. 98 Westchester Testing Co. ,Inc. 250. 00 Keeler Associates 165. 93 McGuire Bros. , Inc. 5. 00 New York Telephone Company 84. 15 Wesco Fire Equipment 49. 05 Total $796. 11 COMMUNICATIONS Commissioner Waterman presented a letter from the Ameri- can LaFrance Corporation, dated April 3, 1958, together with a verbal estimate submitted by Chief Charles Deshensky of the cost for repairs to the American LaFrance aerial in the amount of $6, 054. 60 and recommended that the Board authorize such repairs. Whereupon after some discussion, on motion by him and seconded by Commissioner Kane, it was unanimously RESOLVED that American LaFrance Corporation. be and it hereby is authorized to proceed with the repairs to the Town of Mamaroneck aerial at a cost not to exceed the sum of $6, 054. 60. In connection with the matter of the damage to the aerial, the question of insurance coverage was discussed and the Town Attor- ney was directed to examine the policies and report if there was any coverage which would enable the Town to recover the cost of these repairs. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9.50 p.m. , to reconvene on June 4, 1958. J'I- y i G.iYJ 'kZ✓ Z/�i To C1e�