HomeMy WebLinkAbout1945_06_20 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD, TOWN OF MAMARONECK HELD JUIE 20 , 1945
In the Council Room of the Weaver Street fire House , Town of
Mamaroneck, New York.
The meeting (Eastern was called to order by Supervisor Mandeville
at seven o' clock. P.M. (Eastern War Time' .
Present: Supervisor Mandeville
Councilmen Keeler , Stirrer , Embury , Watson
The presence was also noted of Town Clerk Payne , Town
Attorney Delius , Comptroller Orsino , and Accountant Finson.
The minutes of the meeting of June 6 , 1945, were approved
as presented.
The Supervisor requested the Town Clerk to read the
communications.
The Town Clerk presented the supplement to the original
agreement between the Town of Mamaroneck and the Testchester County
Dog Protective Association, Inc. , which he stated, had been received
back from Albany , approved by the Commissioner of Agriculture and
Markets.
The Supervisor asked the Town Clerk to advise Clan T.
Roosevelt Allen, President of the Organization, so that he might
file a claim for the funds referred to in the contract.
A letter dated June 16 , 1945, was received from Mr. Lee
H. Whitestone , in which he advised he would like to purchase fifty
feet of the property owned by the Town and adjoining his property
at 190 Palmer Avenue , Larchmont , N.Y
The Supervisor suggested that the ratter be referred to
the Town Engineer and the Assessor , so that a sketch could be made
of the property desired and an estimate be made as to its value .
It was so ordered.
A letter dated June 7, 1945, was received fron.,, Mr. Sol
Paseltiner , Attorney, in which he stated that an attached application
was being presented by his client , Fordham Transit Co. , Inc . , for the
modification of the consent which now stands for that Company , to
operate buses along the Boston. Post Road in the Town of Mamaroneck.
The Town Clerk read the formal application.
Following some discussion , it was on motion by Councilman
Feeler , seconded by Councilman Stiner , upon roll call , unanimously
RESOLVED, that a Public Hearing be held on the
application of Fordham Transit Co. Inc. , and that
the following Notice be published in the Daily
Times , the official newspaper of the Town:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that a public hearing will be held by
the Town Board of the Town of Mamaroneck on the 5th day
of July , 1945, at 8:15 o`clock in the evening of that day,
in the Council Room of the Weaver Street Fire House , Teaver
565
Street , Town of Mamaroneck, New York, for the purpose of
considering the applicaticn of FORDH.ULT TRANSIT CO. , IFC. ,
for the consent of the Town of Marnaroneck under the pro-
visions of Sections 66 and 67 of the Transportation Cor-
porations Law of the State of New York for the operation
of motor buses or omnibuses for the transportation of pas-
sengers , and property carried by said. passengers , for hire ,
in, upon, along and across certain streets , avenues and
highways in the Town of Mamaroneck as follows:
BEGINNING at the westerly boundary line of the Town
of Mamaroneck and the easterly boundary line of the City
of New Rochelle on the highway known as the Boston Post Road ,
thence easterly on said Boston, Post Road aprroximately 1300
feet to the westerly boundary line of the Village of Larch-
mont (at or about Deane Place) .
And returning over the sane streets , avenues and highways to
the point or place of beginning.
BEGINING at the easterly boundary line of the Village
of Larchmont on the highway ., known as the Boston Post Road ,
at or near Nassau Road , thence easterly approximately 2690
feet along the said Boston Post Road to the westerly boundary
line of the Village of Mamaroneck.
And returning over the same streets , avenues and highways to
the point or place of beginning , the same being part of a
through route from the City of New Rochelle to the Westchester
County Park Reservation known as "Playland. ''
TAKE FURTHER NOTICE that the purpose of said public
hearing is to consider the granting of such consent for the
use of the above described portions of streets or highways
in the Town of Mamaroneck to FORDHAM TRANSIT CO. Ilt. , and-
that at said public hearing all persons interested will be
given an opportunity to be heard, this notice being given
pursuant to Section 64, Paragraph 7 , of Chapter 62 of the
Consolidated Laws , known as the Town Law and Sections 66
and 67 of Chapter 63 of the Consolidated Laws known-1 as the
Transportation Corporations Law of the State of New York.
By order of the Town Board of the Town of Mlamaronieck
New York.
Dated: Mamaroneck, N.Y.
June 23 , 1945 OVdEN A. MANDEVILLE ,
Supervisor
ROBERT D. PAYNE ,
Town Clerk
The Town Clerk read a card of acknowledgment from the
family of Eftard J. Bohan, expressing their thanks for the thought-
fulness and sympathy of the Town Board following the death of Mr.
Bohan.
The following reports for the month of May , 1945, were
received and ordered. filed: Report of the Town Clerk; Report of
the Westchester County Dog Protective Association; Report of the
-- Supervisor; Analysis of Budget Appropriations and Expenditures;
Summary of Receipts and Disbursements; Analysis of Estimated Re-
venues.
The Supervisor announced. that he wished to name Council-
man Watson chairman of the following committees: Assessments ,
Incineration , and Recreation. Councilman Watson accepted these
appointments.
The Supervisor stated that he wished to add to Council-
man Embury ' s committees , chairmanship on Welfare matters. Council-
man Embury accepted this appointment.
The Supervisor suggested that the meeting proceed with
reports of comrittees.
Councilman Embury presented the report of the Department
of Public Welfare for the month of May, which shows as follows :
MAY CASE LOAD INDIVIDUALS AMOUNT
1944 32 76 $1 ,433 .36
1945 20 39 1 ,073.62
Councilman Stiner reported that he had received the
following letter from Mr. Michael A. i.Merola , Assistant Superintendent
of Public Works:
615 Prospect Avenue ,
Mamaroneck,, N.Y. ,
June 12, 1945.
Mr. A.J. Foote , Supt . of Highways ,
Town o f Mamaroneck,
Mamaroneck , N.Y.
Dear ➢Mr. Foote :
During the severe winter months of 1935, while in the
employ of the Town of Mamaroneck, I contracted a heavy
cold which developed into lober pneumonia and necessi-
tated my being hospitalized for several weeks. X-Rays
were taken at that time which disclosed a shadow on my
left lung and my condition was such that it was feared
it Light develop into tuberculosis. Fortunately , through
the proper medical care , i excaped this dreaded disease ,
but it has taken its toll of my health and requires
yearly X-rays as a further check against tuberculosis.
The X-rays still short the shadow on my "Lung and this
of necessity requires that I must be very careful not
to aggravate the condition and being called out during
the winter months has impeded the clearing up of this
condition, and has also caused a breakdown of my nervous
system, and two years ago I was operated upon for a hernia ,
caused by my assisting to lift a truck tail gate.
I have been an employee of the Village of Larchmont for
nine years , the Village of Mamaroneck for two years and
the Town of Mamaroneck for eleven years , a total of
twenty-two years of public service.
_.._ I have apl.lied to the N.Y. State Employees Retirement
System for retirement with pension and I would appreciate
any effort you may make in my behalf to further- the accept-
ance of my application by the New York State Retirement
System.
Due to the present corditien of my health and upon advice
of my physician, I should like to have you grant rte the
months of July and August as my vacation.
569
I sincerely trust that you will give my request for
the vacation your serious consideration.
Thanking you for your very kind attention, I an
Sincerely yours ,
/signed/ F.iichael A. Merola
Ass't Supt. of Public Works
The members of the Board discussed the request at length ,
and it was finally decided that the Town Clerk be directed to ask
Mr . Merola ' s physician to file a report so that it night be taken
into consideration before a final decision, is made.
Councilman Stiner said that he wished to report that the
Board of Review is now holding its annual meeting for the examination
of assessments and that it appears that there are not as many ap-
plications for reduction as there have been in the past years.
He said that 500 notices were sent out by the Assessor to those
owners where assessments have been raised.
Councilman Watson asked what procedure was followed , if
any , with respect to the collection of tax arrears on properties
when the current tart bills are sent out. He pointed out that in
many cases some people are not aware there are tax arrears on their
property. He cited one or two cases.
The Supervisor informed Councilman "Watson that it has
been the practice to send out special letters to the owners where
tax arrears exist, with the suggestion that the tares be paid with
a compromise on the interest rate.
Comptroller Orsino informed Mr. Watson that there is an
"arrears" stamp in the Tax Office which was placed on the tax bills
for two years , but that recently it has not been used.
There was further discussion, following which Comptroller
Orsiro was asked to discuss with Tax Receiver- Dillon the possibility
of arranging for some notice on the school bills which will be sent
out on or about the first of September.
Councilman Feeler reported that he had at hand a number
of bills from the Fire Department totaling $556.71 , which he had
checked and recommended the approval of the bills as submitted.
The members of the Town Board , sitting as the Board. of
Fire Commissioners , considered the claims and it was on motion by
Councilman Feeler , seconded by Councilman Stiner , upon roll call ,
unanimously
RESOLVTD, that the following described claims be
and they hereby are approved and that the Supervisor
and Comptroller be and. they hereby are authorized to
pay same out of the budget for the Fire Department:
Westchester Lighting Company $ 21. 14
New York Telephone Company 21.00
Thos . B. Sutton Corp. 393.95
-- H.M. Everitt , Jr. 5.02
Mamaroneck Plumbing Supply Co. 4.38
Burton & Fenton, Inc. 26.98
Hillside Service Station, 3. 50
Charles A: Scherer 6.80
The Portable Light Co. , !no. 6.36
Mitchel oil Corp. 50. 50
G.W. Merrell 13.08
Harry J. Pickard 4.00 $556.71
Councilman Feeler stated that there was some question
with respect to a bill in the amount of $200. for membership dues
to the Fire Chiefs Emergency Plan of Westchester County. He said
-- that this item was included in the budget request of the Fire De-
partment for 1945 which was turned down at that tine, However, he
said, the Supervisor informed him that this is a necessary expenditure
and that there are funds available for payment of the dues .
On motion by Councilman Keeler , seconded by Councilman
Embu.ry , it was , upon roll call , unanimously
RESOLVED, that the claim in the amount of $200.00
covering Town of Mamaroneck Fire Department dues
to the Fire Chiefs Emergency Plan of Westchester
County, from April 199 1942 to April 19 , 1946
inclusive , is hereby approved for payment and the
Comptroller is hereby directed to charge same to
the "Miscellaneous item" in the Fire Department
Budget for 1945;
FURTHER RESOLVED, that there is hereby appro-
priated the additional sum of $200. to the 111Iis-
cellaneous item" in the Fire Department Budget
for 1945, from cash surplus of the Fire , Light
and Water District Flo. 1 , now available.
The Supervisor stated that he had at hand an offer of
$605.14 from the Bonded Municipal Corporation, to purchase by
_- assignment tax lien certificates held by the Town on property known
as Block 344 , Parcel 21 , for the years 1940-1945 Incl . He said that
the check represented the total amount of the tax liens plus six
per cent.
During the discussion which followed, it was stated that
there was a rumor around that this parcel had been sold. The mem-
bers of the Board decided to decline the offer to settle these taxes ,
because the property is marketable.
The Supervisor stated that he had at hand a check in the
amount of $73. 53 , in settlement of certain tax liens on property
knobs as Block 901 , Parcel 247. He said that this represents the
face amount of the liens with interest at six per cent,
The Supervisor called to the attention of the members of
the Board that this is improved property. it was decided unanimously
that this offer be declined.
The Supervisor stated that he had an offer in the amount
of $250. from Mr. Andrew Bellanca to satisfy all the unpaid tares
and assessments outstanding against Block 222 , Parcel 293. He in-
formed the members of the Board that the dimensions of the plot
are 75 x 98 , and that it is assessed at $1 ,500. Also, that the
total indebtedness to the Town is $634.68.
The members of the Board knowing the parcel of land very
well decided that it is marketable and that the request be denied.
They authorized the Supervisor to negotiate for a settlement in
the sum of $500.
The Supervisor brought up the matter of open taxes on
three parcels under contract of sale by the Town to Mr. Harold S.
Cherry , 59 Vine Road , and requested the Board to consider the can-
cellation of the open tax liens in order that the Town may convey
the same with a clear title.
On motion by Councilman Stiner , seconded by Councilman
--_ Watson, it was , upon roll call, unanimously
RESOLVED, that the Receiver of Taxes and Assess-
-- ments be and he hereby is authorized , empowered
and directed to cancel the following tax liens
which appear upon the records of the Town:
(Purchaser , Harold S. Cherry)
Block 203 Parcel 367
Fear Sale Year Tax Amount of Lien
1943 1942 $ 95. 83
1944 1943 330.09
§ 20-20Q .-Parcel-410
1943 1942 $ 29.28
1944 1943 98.40
Block 2C8 .-Parcel 418
1943 1942 8 35.21
1944 1943 118. 75
- The Supervisor informed the Board that he had received
an offer , from Helene W. Wullschleger , in the amount of $2,000 in
full payment of all taxes and tax liens outstanding on the property
shown on the assessment of the Town as Block 416 Parcel 36.
After full discussion, it was on notion, by Councilman
Keeler , seconded by Councilman Stiner, upon roll call, unanimously
RESOLVED, that the Receiver of Taxes and Assess-
ments be and he hereby is authorized, empowered
and directed to accept the sum of $2,000 in full
payment of all taxes and tax liens now due on
Block 416 , Parcel 36.
PURTHER RESOLVED, that the Receiver of Taxes and
Assessments be and he hereby is authorized and
directed to apply the sum of $329. 82 to the face
amount of the 1945 State , County and Town tax,
together with accrued penalties to the date of
payment , and the balance of $1 ,670.18 shall be
applied to the full payment of the following tax
liens:
Sale Year Amount of Lien
1940 $ 797.03
1941 813 . 84
1942 701.67
1943 556.65
1944 556.15
1945 =0 $3 ,999.85
Sz r
The Supervisor reported that the distribution of the
proceeds of the mortgage on the Pleasant Hour Grill Property ,
which was sold to the Union Savings Barr, was 75.99%, or $3 ,385.93
to the Village of Mamaroneck; and 24.01%, or $1 ,069.84 to the Town
of Mamaroneck.
He advised that the $104,000 Tax Lien Certificates of
Indebtedness was sold to the First Rational Bank, Mount Vernon,
N.Y. , who bid .49%. That last year the certificates were sold to
the County Trust Company at a rate of .615.
The Supervisor read the following memorandums
June 18, 1945
From. Henry R. Dillon, Receiver of Taxes
To. Supervisor LFandeville
The following is a breakdown of the $12,500 re-
ceived from S. Edwin Kazdin for a total of fifty-
four ( 54) liens assigned to him on various parcels
in the W ple Hill Section of the Town.
State , Count and Town Taxes for the years
1942-1944 incl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3 ,623.64
which represents 64.423% of the total State ,
County and Town Taxes due for those years.
School taxes for the same period. . . . . . . . . . . . 1 ,558.16
which represents 64.423% of the total amount
of School Taxes daze for those years. '
Special Assessments . ® ® . . . . . . . 7 ,318.20
which represents 100% of the Special assess-
ments due for those years.
112,500.0C
The Supervisor asked the members of the Board if they
all had copies of the reports on the Bank Balances; Claims audited
and paid by the Comptroller from 6/6/45 to 6/20/45; Supervisor ' s
Report. They all replied that they did have the same , and the
reports were ordered received and filed.
The Supervisor suggested that the Town Clerk proceed to
open the bids for the properties advertised in the local newspaper.
The Town Clerk presented the affidavit of publication
of the Notice which showed that the sane was published on June 13 ,
1945.
The bids showed as follows.
PARCELS 1 and 2 , also known as BLOCK 133 , PARCELS 890 and 901 .
Boehm & Co. , for a client $4,000.00
Certified check attached for $400.
Ralph M. Schain, for a client $4,500.00 on terms
Check in the amount of $200. attached.
Frank Guadagnolo, personal bid $4,550.00
Certified check in the amount of
$500. attached.
The members of the Board discussed the bids at length,
and on motion by Councilman Feeler , seconded by Councilman Stiner ,
it was upon roll call, unanimously
RESOLVED , that the bid of FRANK GUADAGNOLO for
Parcels 1 and 2 , as published in the Daily Times ,
be accepted, provided that a contract be negotiated
by the Torn Attorney with Frank Guadagnolo , which
shall provide that the present building structures
upon the premises be demolished before the deed is
delivered, and that plans for a new building be
submitted for approval to this Board, and that the
deed contain, in addition to zoning restrictions ,
such other and further restrictions as this Board
considers necessary to protect the adJacent pro-
perty owners;
FURTHER RESOLVED, that this natter be referred to
the Torn Attorney for report at the neat meeting
of this Board as to the form of contract which he
has negotiated,
The Supervisor recommended that the Town Clerk continue
with the bids received on the properties advertised.
PARCEL NO.-3 also known as BLOCK 124 , PARCEL 398 , on the
assessment map of the Town (Lots 350 and 351)
The following bid was received:
ors ParL B._QLle - Bid 8150. Bank check in the
amount of $15. attached.
PARCEL—NV 4, also known as BLOCK 124° PARCEL 398 ,
L_ 98 on the
assessment map of she Town (L is 352 and 353)
The following bid was received:
P ,_Eenjy_&_LeQh - Bid $250. Certified checks: in
the amount of $25. attached,
There was discussion as to whether or not these bids
compared with other sales by the Town, along Laurel Avenue , and
after further discussion, it was decided to refer the bids to the
Town Attorney for an examination of the other sales and to report
back at the next meeting.
The Town Clerk presented the affidavit of publication
of the Notice for the sale of property known as Block 111 , Par-
cel 89 , on the assessment map of the Town.
One bid was received from Harry T Flinn , on behalf of
Irene C . .Flinn, in the sum of $500. (No check was attached) .
Following some discussion, it was on motion by Councilman
Stiner , seconded by Councilman Feeler , upon roll call , unanimously
RESOLVED, that this Board., upon: receipt of the sum
of $500 convey to Irene C. Flinn: , certain property
now ownied by the Town (Commissioners , Sewer District
No. 1) which is bounded and described as follows:
ALL that lot , plot or parcel of land lying , being and situate
in the Town of Mamaroneck, Westchester County , New York ,
and known and described oh the tax assessment map of the
PA
Town of Mamaroneck as Block 111 , Parcel 89, subject ,
however , to an easement for storm and sanitary sewer
purposes , as shown upon a map or sketch on file in
the office of the Town Engineer at the Town Offices ,
158 West Boston Post Road , in the Village and Town
of Mamaroneck.
The above parcel will be sold subject to any state
of facts an accurate survey or an inspection of the
premises will show..
FURTHER RESOLVED, that this resolution is subject
to a permissive referendun as provided in Section
64 subsection 2 of the Town Law, and that the
Town Clerk is authorized and directed to give
notice of the adoption of this resolution as
provided in Section 90 of the Town Law.
FURTHER RESOLVED, that subject to a permissive
referendum, such conveyance be made by a bargain
and sale deed, subject to the easement above des-
cribed and that the Town Attorney is hereby auth-
orized to prepare all necessary papers including
a deed for the purposes stated in this resolution.
The Town Clerk called to the attention of the Board
that the time was 8:15 o' clock P.M. , and that a Public Fearing
had been called for this time on the application of the Yonkers
Bus , !no . for consent to operate buses along a route on the Boston
Post Road. He presented the affidavit of publication of the Notice
which appeared in the local newspaper on June 9 , 1945.
The Supervisor asked if there was any one present who
wished to appear for or against the application. There being no
one , he suggested that the Board proceed to consider the granting
of the consent.
Councilman Keeler moved and Councilman Embury seconded
the following resolution , which was upon roll call , unanimously
adopted:
WHEREAS , application has been made to the Town
Board of the Town of hamaroneck by YONKERS BUS ,
INC . 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 20th day of Jame , 1945, at 8:15 o' clock. P.M.
NOW, THEREFORE , BE IT
RESOLVED, that the Town Board of the Town of
hamaroneck, hereinafter called the Board , pursuant
to the provisions of Sections 66 and 67 of the
Transportation Corporations Law, consents that
the said YONKERS BUS , INC. , hereinafter called
the Company , 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 following named
streets , avenues , highways or portions thereof, in
the Town of Mamaroneck, as follows , to wit:
BEGINNING at the westerly boundary line of the Town of hamaroneck
and the easterly boundary line of the City of New Rochelle on the
highway known as the Boston Post Road; thence easterly on said
Boston Post Road. approximately 1300 feet to the westerly boundary
line of the Village of Larchmont (at or about Deane Place)
And returning over the same streets , avenues and highways to the
point or place of beginning,
BEGINNING at the easterly boundary line of the Village of Larchror,t
on the highway known as the Boston Post Road , at or near Nassau
Road; thence easterly approximately 2690 feet along the said Boston
Post Road to the westerly boundary line of the Village of Mamaroneck
And returning over the same streets , avenues and highways to the
point or place of beginning, the same being part of a through
route from the City of Yonkers to the Westchester County Park
Reservation, known as Playlando
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 Company shall obtain a certificate of convenience and ne-
cessity from the Public Service Commission of the State of New York.
3, Nothing herein contained shall be construed as permitting the
Company to take or discharge passengers within the Town of Namaro-
__ neck at any point along the route as hereinabove described.
4 . This consent small 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 any other person
or corporation whatsoever , either by the act of the company or by
operation of law, whether under the provisions of the statutes re-
lating 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
nothwithstanding; 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 mentioned 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
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 nothwith-
standing , and that the said assignee , lessee , or mortgagee waives
any more favorable conditions created by such statute or its char-
ter , any more favorable conditions created by such statute or its
charter , and that it will not claim by reason thereof, or otherwise ,
exemption from liability to perform each and all of the conditions
of this consents
5® The company shall at all times during the term of this consent
operate over the routes herein described only the highest type of
QV
modern city buses which shall be equally as good. as those now in
operation under existing consents.
6. All vehicles which may be operated pursuant to this consent
shall be propelled by poker generated or contained within the
vehicle itself or by storage batters, 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 con-
stitute a nuisance , and no motor bus or omnibus shall be put in
service unless it conforms to the specifications , rules and re-
-- gulations of the Public Service Commission of the State of New
York and unless it is authorized by the provisions of the Public
Servide Law or the Transportation Corporations 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 pneu-
matic tires , all other types , hinds and forms of tires being pro-
hibited. All buses must be fitted with brakes capable of stopping
and holding the sane 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 east; steering and control. The gasoline
tank shall be located entirely outside the body of the bus with an
inlet for filling , which shah 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 and of the bus body*
from the regularly used entrance and exit ,which emergency door
shall be securely; fastened in a mariner 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 requirements herein contained and shall
be maintained in good and safe repair and in a manner which will
in all ways and at all times render the vehicles fit for public
service. The company shall permit the Town Board to inspect at
all reasonable tines , any or all the vehicles used by the company
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 company 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 company 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 company shall not allots, its 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 company, 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 company. The company
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 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
company to appear before it on a certain day not less than ten 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 company shall assume all liability for damage to persons
or property occasioned by reason 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 company 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 company.
The company shall tare 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
$50/100,000 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 re-
covered by any person or persons on account of the operation by the
company of its buses. Policies evidencing such insurance shall be
exhibited to the Town on demand and certificates thereof shall be
filed with the Town Clerk.
12. The company promises, covenants and agrees on its 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 company hereby expressly waives any and all objections 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
company 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 company agrees that it shall not acquire or claim any vested
right hereunder but that the foregoing instrument shall be construed
as a consent under the provisions of Section 66 and 67 of the Tran-
sportation Corporations Law of the State of New York and revocable
by the Town according to the terms and conditions herein expressed.
X87
The Supervisor referred to a copy of a letter which was
sent by him to each of the members of the Board acquainting them
with all the details of the negotiations which have been carried on
in connection with the encroachment of the Town' s cemetery wall on
property recently acquired by Mr. Perry Demas. He stated that Mr.
Austin K. Criffen, attorney for Mr. Demas , is willing to convey
to the Town 2.6 feet along the north side of his property in con-
sideration of an allowance of $350. on the existing town and school
- taxes.
Following discussion, it was on motion by Councilman
Keeler, seconded by Councilman Stiner , upon roll call , unanimously
RESOLVED, that upon the execution and delivery of
deed by Perry Demas and Mary M. Demas to a portion
of the property owned by them and which is known as
Lot A on map of Resubdivision of Lots 8,9 ,10 and 11
on Map of Property belonging to Charles H. Young, Vil-
lage of Mamaroneck, Town of Mamaroneck, Westchester
County, New York and filed in the County Clerk' s office ,
Division of Land Records , July 17, 1920, as Map No.
Vol. 51 , page 339 and which portion consists of a
strip two feet , six inches wide , running from Mount
Pleasant Avenue, westerly to the rear lot line , the
said Perry Demas and Mary M. Demas shall receive a
credit of $350. against tax liens held by the Town
of Mamaroneck upon their property, such credit to be
given them upon payment of the balance of all taxes
and tax liens outstanding against the property pro-
vided, however, that payment of such taxes be made
at the time of the delivery of the deed.
The Town Attorney recommended the following resolution, which
was on motion by Councilman Embury, seconded by Councilman Stiner , upon
roll call , unanimously adopted:
WHEREAS , heretofore writs of certiorari were obtained
by LARCHMONT APARTMENTS , INC. , owner of property de-
scribed on the assessment map and assessment roll of
the Town of Mamaroneck as Block 408, Parcel 1 and
Block 918 , Parcel 70, for the years 1942 and 1943
(taxes of 1943 and 1944) ; and
WHEREAS , the Assessor and Board of Review of the
Town of Mamaroneck, duly filed returns to said
writs; and
WHEREAS , Hon. George H. Taylor , Jr. , Official Referee ,
was heretofore appointed to hear the testimony and
report his findings and conclusions to the Court ,
and no further proceedings have been had; and
WHEREAS, the Town Attorney and Assessor recommend
to this Board that the proceedings be settled and
discontinued upon the reduction of the assessment
from $1,459,995 to $1 ,384,995 for the years 1942
and 1943 (taxes of 1943 and 1944)
NOW, THEREFORE , BE IT
RESOLVED, that the assessments for the years 1942
and 1943 (taxes of 1943 and 1944) upon property
owned by LARCHMONT APARTIT NTS9 INC. and described
upon the assessment map and assessment roll of the
Town of Mamaroneck as Block 408, Parcel I and Block
918 , Parcel 70 , be reduced as follows;
a
FROM
Block Parcel Land Imbrovements Total
408 1 $93 ,318 51 ,249 ,177 51 ,342 ,495
918 70 6 ,681 110 ,819 117 ,500
- TO
408 1 $93 ,318 $1 ,180 ,427 $1 ,273 ,745
918 70 6 ,681 104,569 111 ,250
provided the certiorari proceedings now pending
in the name of LARCHMONT APARTMENTS , INC. , for
the years 1942 and 1943 (taxes of 1943 and 1944)
be discontinued without costs against the Town
of Mamaroneck.
FURTHER RESOLVED, that the Town Ittorney is hereby
authorized and directed to sign the necessary sti-
pulation to obtain an order of the Supreme Court
providing for such reduction and the refund of
excess taxes paid , if any.
The Supervisor asked if there was any other business to come
before the meeting.
The Town Clerk stated that he would like to have a few minutes
to inform the members of the Board about a personal matter which he
said he believed the members of the Town Board should be among the
first to know.
He read a copy of the following letter
— June 20 , 1945
Mr. Burton C. Meighan, Chairman
Republican Town Committee
21 Hazel Lane
Larchmont , New York
Dear Mr . Meighan:
I have decided rot to run this year for the
office of Town Clerk.
A number of clients who formerly availed them-
selves of my services in the real estate field. have been
pressing me to re-open my office and conduct a general
real estate business which I have decided to do.
My pleasant association with Supervisor Mandeville ,
the members of the Town Board , and the full Town staff has
made it very difficult to make this decision. Also, it is
very difficult to send this message to you and the Town
Committee who have been so kind to me.
I have enjoyed serving the people of this Com-
munity.
Respectfully yours ,
/signed/ Robert D. Payne
The Supervisor stated that he was very sorry to see this
happen but that it did not come as a surprise to him. That within
the last year he had tried to work out with the Town Clerk a part
time schedule , but that Ids. Payne had expressed his desire to devote
his full time to either one job or the other. He added that the
Town was losing a very fine public servant.
The other members of the Town Board stated that they were
very sorry to hear that the Town Clerk was going to retire from public
office. They all wished him the best of success in the continuance of
his real estate business .
At 8:30 P.M. the Board unanimously resolved to adjourn,
Town Clerk