HomeMy WebLinkAbout1950_03_22 Town Board Regular Minutes 115 I
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-INUTES OF ._ SPECIAL "4EETIP?G OF -THE T31;nS BOA FD OF TH TOT,i^_.T OF
R'lnr -Fr THE COUNCIL kO O-M, THE '•'r T n q T F; T
1rls� „_:LCr, i �_D I:d T' OU CIL .O ._ OF , AiEn STREET _ ..E
HOUSE, ON Mt RCH 22nd, 1950.
Supervisor Mandeville cared the meeting to order at 8;15 Pa ire
PRESENT: Supervisor ' andeville
Councilmen Embury, irratson and Waterman
t=ENT: Councilman McKeever
The Town Clerk presented a waiver, of notice of special meeting
signed IJ,T Councilman McKeever.
Presence was also noted of Town Attorney Del'au.s and Town Clerk
Cron.berg.
To-�_n Attorney= Delius gave a detailed e _•clanation of the progress
to date, of the case of Leslie Am Jacobson and _MT?-rjorie R. Jacobson
against Elizabeth Ciain-n, Town_ O_' -Mamaroneck and t, Light_.
ing CO'f1;0any, i,Thich is an action in the Supre-Lie Court of lestchester
County for damages for personal injuries, against, the three named
defendants
N_'re Delius stated that this matter could be settled at t'ris time
by a joint settlement di7,ided as follows®
4P10,303. to be paid by Elizabeth Quinn
, , 5've to be laid by the To of Mamaroneck
2, 500» to be paid by Westchester Lighting Company
After discussion, upon reco=endation by the Town Attorney, on
motion by Council-Main Embury, seconded b7 COuncil^:an -,Tat er7na-.-,, the
follc-wing resolution was, upon roll call, unani'=usly aG.o--.;ted:
1!-HEREAS, heretofore suit was instituted by Leslie I.. Jeco"�son
and Marjorie R. Jacobson against Elizabeth Quinn. the Town of "Z
r!eck and ';Testchester Lighting Company for d.ariages alleged to have
been sustained as a, result of a collision bet ,een two automobiles,
one o,rned by Leslie ',-. Jacobson and. the other by Elizabeth C,uinn,
on August 17, 1947, at the intersection of Forest and 'Murray Avenues
in the T--MTr, Of Mama--"':�nec3, 7,,Th4ch damages more art Z\.1iarl,f are as
-1107JE
Fo• ^ personal injuries to Leslie A. Jacobson v53, 300.
Damages to personal property 2,903.
For- personal injuries to "Tarjorie Re Jacobson 20,033.
Damages to ",ersonal property
ty 225 a
TO Leslie A. Jacobson for loss Of service of wife 5 .230-
1Ota-1 y78,125n
and
WHEREAS, the Town of 'Ma naronec'k aro Westchester cnester Lighting
Company are alleged to be liable fort such d.,nages by reason of their
concurring negligence by failure to pro_erly_ maintain the traffic
light at the intersection of Forest and Murrav Avenues, :,articu-
__ laxly in that the red- light bulb facing north on yiurray Avenue had
burned out and was not working at the time and. for some time
prior
to the collision, and
1rtiEREAS, the first trial of this case before 14.2. Justice
Coyne and a ju-ry at Special Term Part III in the Su_oreme Court Cn
February 6, 1953, resulted in a mistrial, and a second trial there
no
after Fras cormenced before Mr. Justice Davis and a jury at -Special
Terf;! Part ITI in the Supreme Court on March 13, 1950, during ,thich
trial a settlement ?,'as tentatively ..rra.noed between counsel and Mr .
Tustice Davis; and
Y ERE.i?S, the To?*n. Attorney who was also T1 ial Counsel in
both aforesaid trials, reco=ends the settlement upon the basis
agreed to by all parties, i.e. the pa-yment- to Leslie A. Jacobson and
Marjorie R. Jacobson, jointly, of the total sun of �,'20, 300a - $10,000
by Elizabeth Quinn; 7 00® the To-,n, of Mama"ronec'-�° and $2 ,100. b
a �. s � s 5 ., � �, s � Y
the Yestchester Lighting Company; and
WHEREAS, this Board has carefully considered the ad7, isabilit 17
of such settlement
1O-U, THEREFORE, RE IT
RESOLVED that the To-,-m of Mamaroneck settle the afore-
said action brought in the Supreme Court by Leslie A.
Jacobson and Marjorie R. Jacobson by payment to them
jointly of the sum of 57, 500. provided-, however, and
upon condition only that the sum of $10,000. be paid by
Elizabeth Cu---nn and X2,500. be :oaid by the Westchester
Lighting Company.
FURTHER RESOLVED that the Tow-D Atto--rney is hereby
aut'-.prized and instructed to sign s tip :l atic ns and all
Other necessary papers to bring about this settlement
and to obtain, in accordance with the ,provisions of Section
CS of the TOF-n Law, an order approving the settlement, to
be signed by a Justice of the Supreme Court ara to obtain
all necessary receipts and releases recuired in the
settlement of the action.
The Board then discussed the traffic light situation_ in the Unincor-
porated Se Ct4on Of the 7o5Tn and it vas their op-' ` on that recOi"iG_en-
dation should tie submitted to the ?pike eow_�,iss'= s ggeSting that
the traffic light at the corner of Forest and Murray r.4e ues be
re-
moved a-ad a blinker light installed in its place; also that
traffic light at the iintersectIcr of 17ea?T2r Street and :21_'..er Avenue
be maintained by the State IIigh-vay Department. If the latter
not acceptable to the State Highway Depart _ent, it would be the
reco_. eendation of the Town Board: that a blinker light be installed at
this intersection also.
The Tc..*n Clerk .ra instructed" to advise the Police Commission of
this reco'.f-rflenda.tio .
Dir . Delius informed the Board. Fiti^. reference to insurance on traffic
lights, streets, etc . that t.l-e Only real coiTerage iS yJPO?i lded co'2°
c'rehensive '._uvnwcipal insurance Under this, all lia _----L insurance
is carried under one policy an , is subject to a yearly= audit. In the
case of the Tolm of T4c.mar".•neck, thi s -mould -,''ean that lability on
cars, trucks, Town Offices, the Police Station, _ ire House, the
Parks, Town Yard, etc . would all be combined in One policy. In addi-
tion, all lots owned by the Town, traffic lights and streets would
be included.. He f-arthc-,- stated- that a rough estimate of the cost of
such a- policy as made by the office of reeler Associates, 71culd indi-
cate a Cost of approximately $2, 000. =re per year than tl'ie present
liability policies of the Town.
The '-,card discussed this matter but no action was taken.
Supervisor '14 and ev wile informed 1,11e Board that at the :Line 3f the
adoption of the Sick Leave Pia.n for To„n v--nplo. ees, by this Board,
it had been his understanding t'_n::t the monthly absence reports ,,'ould
incl,ud.e depart_m-ent heads, b•ot! -ppointed', and. elected,
ma
The Toard agreed lTitb_ the Su-,perviscr and the To-,-r Clerk as iP-
Structed to notify all department heats, 'Cot's^_ elected. Gnu pointed' ,
that col . encing 1, �ril ist9 1G=0, their absences should be reported
on the _Tonthly attendance records .
The Supervisor then brought to tube 2ttentiol! of the Eoa-_d., the
S4. presently existing in the s_ssessor! -_ office® He said
that T'i1e Simi th is to under'zc anoth-1-27 operation and will be absent
from his duties for s^ rig t rie . He Further stated that it will be
necessary to :rep2re the roll and also to have Somecre in Chc`1"ge
of the "_Ssessor'' s departrient, He s aga.7_nst the employ_�.ent _ a.ny
additional ielp but e said that he believed M.-. McLvoy° could' Serve
as Deputy Assessor.
The Ecard. discussed th_S .--a'ter- an.' on mo_'ft '^' n ^ -gin "]-m.s U n.
-_ _ i..r Y �.OL �A _�. -.ct50�-,
, _ e
Scc6nG'_eG, o 'v otincil�an I,rJat .maT;, it T,Ta-s '.1.nan'�-` vllsly
'RESOLVED that Thomas ilcCircy be and he hereby is
appointed. De Duty -Assessor _°o_- the T " bSar, c'
�� owe e_ �r neck
to serve at the pleasure of the Town Eoarda
FURT=R FFS I,u'FD that he be paid 45D. r.onthl
3
ad.dit'_cnal compensation, ,-chile Ser'vi_.:T in the
capacity of DeiD ty Assessors
FU1-'T FR RESOLVED that this aic-coint;7ent b=ecoL"_es
effective April 1st, 1950.
The Su;JervisoP informed.. the Ecar'd that he had Teceivs(d an ofi2P
feC !i '_°Trm Fa Eec nger, to purchase a plot consisting of l 98 acres
or Fenimore Road, 1,Tilich _s seoar°ated by i".- Iencoe Pass from his :'lone
at '`Tod GCC Feniniore Road, for a price of $1,666.6D(.
-_ The Ecard discussed: tle offer submitted b�,v, Mr. elan L. Ca'inC)y at the
last meeting, but no acticn ',TaS taken,
The Supervisor informed. the Eoarc t_--at T�e__i_.. had been notified
ry firm Ro'bertscn cf t .e S ;t ,-e lnSU-T'2 me Fund, that ar c"i.:J.O.i:'v e'T'Cntq
sinillar to that issued to the Vill.a.ge of T'ia^.?arcrec by the Employers?
Mutual Life lnsurnace Co-m,,pany, ITo,.ld be i ss-ued t0 tl^.e TOiT-, of
ia't_aronecl the State insurance 'Funds and would be '."'.ailed out on
that day.
There being no further ousiness to cone before the meeting, it
ad ?ourned at 0:2+5 P . Tl. to _"feet stain on krfil 5th5
19 50<.