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HomeMy WebLinkAbout1942_06_12 Town Board Minutes H SPECIAL MEETING OF THE TOV1N BOARD TOWN OF MAMARONECK, NEW YORK HELD JUNE 125, 1942 In the Council Room of the Weaver Street Firehouse, Town of Mamaroneck, New York. The meeting was called to order by Supervisor McCulloch at 5:30 P. M. (Eastern War Time) . Present: Supervisor McCulloch Councilmen Bates, Brewer and Mandeville Absent: Councilman Griffin The presence was also noted of Town Clerk Payne and Town Attorney Delius. The Supervisor announced that the meeting was called to consider the application of the Scarsdale Bus Company and such other business as may come before the Board. The following letter was read by the Town Attorney: June S, 1942 Hon. Bert McCulloch Supervisor, Town of Mamaroneck Mamaroneck, N. Y. Re: Scarsdale Bus Application Honorable Dear Sir: Pursuant to your suggestion I enclose herewith letter to your Board dated June 6, 1942 from the Transit Bus Sales, Inc. and also letter from the Mack-International Motor Truck Corporation dated June 5, 1942. I spoke to Mr. Bremer in the Court House this morning and told him that I had inadvertently misinformed your Town Board the other evening that until my client the Scarsdale Bus Company receives these buses they would not be able to put their schedule into effect. This is not true as they have other good buses they could immediately put into service on the proposed route before they receive the new buses . If you will turn to the proposed resolution which I submitted to you the following changes are agreeable. Item 1 will be changed to read "All buses shall be operated at a rate of speed to comply with the traffic laws of the State of New York and local ordinances." Item 14 will be changed to read as follows: "The operator will operate a bus on the above mentioned route at least every thirty minutes from 7 A. M. to 10 A. M. on weekdays, exclusive of Saturday, and from 4:30 P. M. to 7 P. M. exclusive of Saturdays; and that on Saturdays a bus at least every 30 minutes from 7 A. M. to 1 P. M., and that at all other times with the exception of the above mentioned period from 7 A. M. to 12 P. M. a bus will be operated at least every 45 minutes, including Sundays and Holidays." I believe these changes comply with the request which was made and I would appreciate it on behalf of my client if you would call a Special Meeting of your n Board and have the proposed resolution, together with the enclosed suggested changes, approved, and a certi- fied copy of same sent to me. Thanking you again for your personal interest in the matter and for your future cooperation, I remain Respectfully yours, (signed) Warren W. Wells The above letter and the letters from the Mack—International Truck Corporation and the Transit Bus Sales, Inc. were ordered filed. Following a lengthy discussion the following resolution was upon motion by Councilman Brewer, seconded by Councilman Mandeville, upon roll call, unanimously adopted: WHEREAS, application has been made to the Town Board of the Town of Mamaroneck by Thomas R. Fisher, Jr., and Garrison R. Corwin, doing business as Scarsdale Bus Company, hereinafter referred to as Scarsdale Bus Company, for the operation of omnibuses over certain streets, avenues and highways in said Town; and WHEREAS, after due notice a public hearing was held on said application to the Town Board on the 20th day of May, 1942, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck, hereinafter called the Board, pursuant to the provisions of Sections 66 and 67 of the Transportation Corporations Law, consents that the said Scarsdale Bus Company, subject to the provisions, conditions, requirements and limitations hereinafter set forth, may maintain and operate motor buses 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, to wit: COHMEKCING at the boundary line between the Village of Scarsdale and the Town of Mamaroneck on Weaver Street; southeast along Weaver Street to Myrtle Avenue (Myrtle Boulevard) ; southwest along Myrtle Avenue (Myrtle Boulevard) to Chatsworth Avenue; south along Chatsworth Avenue, to the boundary line between the Town of Mamaroneck and the Village of Larchmont; also commencing at the boundary line between the Village of Larchmont and the Town of Mamaroneck on Palmer Avenue; southwest along Palmer Avenue to the boundary line between the Town of Mamaroneck and the City of New Rochelle; and thence returning on the same route as above named, this being part of a through route between the City of New Rochelle and the City of White Plains by way of Larchmont and Scarsdale . BE IT FURTHER RESOLVED that this consent is subject to the following terms, conditions, requirements and limi- tations: I 1. All buses shall be operated at a rate of speed -- to comply with the traffic laws of the State of New York and local ordinances. 2. Unless operation of the buses contemplated by this consent is commenced on or before 120 days from the date of this resolution pursuant to a certificate of convenience and necessity issued by the Public Service Commission, this consent shall lapse and become null and void; s 3 . Nothing in this consent shall be deemed to grant or authorize any exclusive right; 1 . This consent shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to, or vest in 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 relating to the con- solidation 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 sub- sequent 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 pro- visions, conditions and limitations of this consent, and that the assignee, lessee or mortgagee assumes and will be bound by all of said provisions, conditions and limitations, anything in any statute or in the charter of such assignee or lessee to the contrary notwithstanding, and that the said assignee, lessee, or mortgagee waives any more favorable conditions created by such statute or its charter, and that it will not claim by reason thereof, or otherwise, exemp- tion from liability to perform each and all of the conditions of this consent. 5 . (a) The operator at all times during the term of this consent shall operate over the route herein described, either the transit-trolley and/or the conventional type of bus and shall comply with all the requirements provided by law, or by the Rules and Regulations of the Public Service Commission of the State of New York, or of any other Board, Commission or Body, having jurisdiction. The operator shall employ at least two buses in the operation of the route herein described and shall have available one spare bus . (b) All vehicles which may be operated pursuant to this consent shall be propelled by power generated or contained within the vehicle itself or by storage 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. (c) Before any bus or omnibus of a different type from the buses provided under Section "5 (a)" above is put in service, it must be submitted to the Town Board for approval. 6. 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 vehicle shall be operated without the consent of the Town. Each omnibus shall be equipped at all times with a hand chemical fire extinguisher in good working condition and accessible and ready for use at all times. They shall be equipped with pneumatic tires, all other types, kinds and forms of tires being prohibited. All buses must be fitted with brakes capable of stopping and holding the same under all conditions. n 7. 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 vehicles fit for public service. The company shall permit the Town. Board to inspect at all reasonable times 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 in- spection. 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 allow its operators to smoke or light a match while in or upon a bus, or to drink intoxicating liquors while on duty. 8. 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. 9. 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 shall 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. 10. The company shall assume all liability for damage to persons or property occasioned by reason of the negligence of the operator or other employees in the operation or maintenance of the motor bus or omnibus route, and the operator shall fully indemnify and repay to the Town any damages, costs and/or expenses which the Down shall be compelled to pay by reason of the negligent acts or defaults of the operator. 11. 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 Sections 66 and 67 of the Transportation Corporations Law of the State of New York and revocable M by the Town according to the terms and conditions herein expressed, and this consent is given by the Town of Mamaroneck and is accepted by the operator with the distinct understanding that it may be revoked by the Town Board of the Town of Mamaroneck at any time on 30 days' - notice addressed to the Scarsdale Bus Company, Scarsdale, New York. 12. The company shall obtain a certificate of convenience and necessity from the Public Service Commission of the State of New York but if, for any reason, such certificate of convenience and necessity be not granted within 120 days from the date of this resolu- tion, this consent shall lapse and become null and void. 13 . Fare zones and rates of fare shall be as follows: From any point in the Village of Larchmont or the Tovm of Mamaroneck to any other point in the Village of Larchmont or Town of Mamaroneck, the fare is 10¢; From any point in the Village of Larchmont or Town of Mamaroneck, to the City of New Rochelle, the fare is 15¢; From the Mamaroneck-Larchmont zone to Scarsdale and White Plains, there are two fare zones. The division line is at the corner of Weaver Street and Myrtle Boulevard. From any point in the Larchmont-Mamaroneck zone, west of Weaver Street and Myrtle Boulevard, the fares are as follows: To Scarsdale at the old Heathcote Station of the Westchester & Boston R. R. , being the intersection of Wilmot Road and Weaver Street, 15¢; To the boundary line between the City of White Plains and the Village of Scarsdale 20¢; into the City of White Plains, to the bus terminal 250; From the Larchmont-Mamaroneck zone, beginning at Weaver Street and Myrtle Boulevard, and all points north, the fare is as follows: To Scarsdale at the old Heathcote Station of the Westchester & Boston R. R. , being the intersection of Wilmot Road and Weaver Street, 10¢; To the boundary line between the City of White Plains and the Village of Scarsdale, 150; Into the City of White Plains, to the bus terminal 20¢; The through fare from New Rochelle to White Plains is 30¢; 14. The operator will operate a bus on the above mentioned route at least every thirty minutes from 7 A. M. to 10 A. M. on weekdays, exclusive of Saturday, and from 4:30 P. M. to 7 P. M. exclusive of Saturdays; and on Saturdays a bus at "least every 30 minutes from 7 A. M. to 1 P. M. , and at all other times with the exception of the above mentioned period from 7 A. M. to 12 P. M. a bus will be operated at least every 45 minutes, including Sundays and holidays. 15 . No advertising matter of any kind shall be put or carried upon the outside of the bus. n 16. This consent shall not be effective until and when consent has been given by any Town, City or Village whose consent is required for the operation of the through route from the City of New Rochelle to the City of White Plains . 17. Nothing contained in the consent hereby granted shall be construed as a "terminable permit" under the provisions of Sections 68 to 69—d inclusive, of the Transportation Corporations Law of the State of New York, or to confer any rights or ob- ligations upon either Scarsdale Bus Company or the Town of Mamaroneck, pursuant to such provisions of the Transportation Corporations Law. The Supervisor stated that it was in order to proceed with other business . The Town Attorney presented an affidavit of Catherine A. Cronin, verified the 12th day of June, 1942, stating that she was the sole exe- cutrix under the Last Will and Testament of Michael Cronin, deceased; that she had searched for a certain tax lien or lease for the tax of 1876, sale of 1877, in the amount of $1.06 covering premises known as Section 5, Block 65, Lot 6, new description Block 833, Parcel 220 and has been unable to find it among the deceased' s papers. He also submitted a certificate of payment or satisfaction of this lien or lease . On motion of Councilman Brewer, seconded by Councilman Mandeville it was unanimously RESOLVED, that this tax lien or lease be cancelled and that the records be marked accordingly. The following letter was read: 43 Stoneyside Drive, Larchmont, 14. Y. June 9, 1942. The Town Board, Town of Mamaroneck, 158 Vest Boston Post Road, Mamaroneck, N. Y. Dear Sirs: On April 24th I mailed my check No. 1046 in the amount of $424.70 in payment of taxes on property at above address to Mr. Henry R. Dillon, Receiver of Taxes, but upon check- ing my bank statement for the month of May, I found that this check had not been cleared. I immediately wrote to Mr. Dillon on June 3rd bringing this to his attention, and he replied on June 4th stating that my letter with enclosed check had not been received at his office and therefore must have been lost in transit. He furthermore wrote me that he must charge me the penalty of 5% or $21.23 for late payment. In view of the fact that I mailed the above check before the end of April that is prior to the time when the penalties would apply, and as evidently my letter and check were lost in the mail, I request that you pass a ruling that the above mentioned penalty be waived. I shall then immediately stop payment on my check of April 24th and make a new check for the same amount. Thanking you for your kind consideration, I remain Yours very truly, /s/ Harleigh G. wathen On motion duly made and seconded the application of Mr. wathen was denied. Letters in opposition to a proposed commissary in a Larchmont Acres development were received from the following: Mr. James Schur of Schurs wines & Liquors, 158 Mamaroneck Avenue; Mr. M. Rosenthal of The Orange Dairy & Delicatessen, 316 Mamaroneck Avenue; David Kahn of Kahn s Delicatessen, 103 Mamaroneck Avenue; Mr. I. Lee of Emelin' s Phar- macy, 127 Mamaroneck Avenue; all of the village of Mamaroneck. The letters were ordered received and filed. Councilman Brewer presented the following report dated June 10, 1942, and received from Town Engineer Foote: Subject: Air Raid Sirens "This morning, between 10 and 12, we tested air raid sirens in three different locations, namely: (1) Weaver Street at railroad bridge; (2) Weaver Street at Murray Avenue; (3) Winged Foot Golf Club, near the most northerly water towers. "A map is attached showing the locations of the tests and the positions of the observers for audibility. "For siren location No. 1, we had men stationed at the follow- ing places with results as noted: Location Observer Hommocks near Rodneyts Councilman Bates Nassau "For siren locations No. 21 ing locations with results Location Edgewood & Chatsworth 5th Ave. at Madison 5th Ave. at city line Madison & Byram Lane Edgewood & Murray Rockingstone & Seton Rockingstone & Forest Vine & Knollwood Althea Lane Chatsworth & Forest Rockland & Forest Results Fairly loud Loud Fairly Loud Faint Could hear - not loud Could hear - not loud Clear - loud Could hear - not loud Could hear - not loud Good Could hear Could hear Could hear - faint Could hear - very faint Could hear - very faint Could hear - very faint Could hear - very faint we had men stationed at the follow- as noted: Observer C. Soriano Hamilton Rigano Rainaldi Lambiasi Librandi Merola Osborne Dimando Bates & Rate Sackrider Rockland & winged Foot Marcella Weaver & Bonnie way Finson 135 Harmon Drive Mrs . Lux wildwood Road Mr. Costello Results Could not hear Could not hear Could not hear Could not hear Could hear - faintly Could not hear Could hear - fair Could hear - fair Could hear - good Loud Fair - could not hear in car with windows closed Fair Fair Did not hear Did not hear Mr. Rate Howell Park Soriano Larchmont Knolls Hamilton Rockridge Road Rigano Palmer & Richbell Rainaldi Edgewood & Murray Lambiasi Weaver & Lansdowne Librandi Dante & Orsini Merola Garden & Ellsworth Osborne 19 Avon Road Dimando Cooper Lane & Mardon Sackrider Myrtle Blvd.& Thompson Marcella Rockland & Stoneyside Finson Depot Plaza Aitchison Harmon Dr.-Village line Mrs . Lux Wildwood Road Mr. Costello Hillcrest Ave.west End Fred Klever Boston Post Road & Officer Lund Nassau "For siren locations No. 21 ing locations with results Location Edgewood & Chatsworth 5th Ave. at Madison 5th Ave. at city line Madison & Byram Lane Edgewood & Murray Rockingstone & Seton Rockingstone & Forest Vine & Knollwood Althea Lane Chatsworth & Forest Rockland & Forest Results Fairly loud Loud Fairly Loud Faint Could hear - not loud Could hear - not loud Clear - loud Could hear - not loud Could hear - not loud Good Could hear Could hear Could hear - faint Could hear - very faint Could hear - very faint Could hear - very faint Could hear - very faint we had men stationed at the follow- as noted: Observer C. Soriano Hamilton Rigano Rainaldi Lambiasi Librandi Merola Osborne Dimando Bates & Rate Sackrider Rockland & winged Foot Marcella Weaver & Bonnie way Finson 135 Harmon Drive Mrs . Lux wildwood Road Mr. Costello Results Could not hear Could not hear Could not hear Could not hear Could hear - faintly Could not hear Could hear - fair Could hear - fair Could hear - good Loud Fair - could not hear in car with windows closed Fair Fair Did not hear Did not hear Location Hillcrest Ave. west Glen Eagles Drive Durham & Fenimore Avon & Mohegan Oxford & Mohegan Observer end Kleber Geo. Mills, Jr. Aitchison Johnson Officer Lund Results Did not hear Fair Good Could hear faintly Could hear faintly For siren No. 3 locations, we had men stationed at the following locations with results as noted: Old White Plains Road Old White Plains Road Griffen Avenue Griffen & Weaver Old White Plains Road Old White Plains Road Cornell & ,Weaver Griffen Avenue Old White Plains Road and Griffen Avenue Griffen & Fenimore Weaver St. at Bonnie Griffen Ave. near Henigson Cornell & Fenimore Fenimore Road Howard Estate Oxford & Mohegan Hillcrest Ave. 135 Harmon Drive Soriano Could hear Hamilton Could hear Rigano Good Rainaldi Could hear Lambiasi Good Librandi Good Merola Good Osborne Good Rate & Bates Very good Sackrider Very good Briar Marcella Distinctly Dimando & Finson Fair Aitchison Johnson Officer Lund Kleber Lux distinctly distinctly faintly Fair (lots of trees) Good Could hear - faintly Could not hear Could not hear "I recommend that we have another test Saturday morning, starting at 10 A. M., with the sirens in different locations, as follows: No. 1 - At weaver Street Fire House No. 2 - Oxford Road, near Dundee No. 3 - Glen Eagles Drive "I also recommend that the two (2) Fire Department sirens be used, the one at the traffic booth at Depot Plaza, and the other at Holly and Crest, in the Colonial Park sections." Councilman Mandeville presented a letter dated June 12, 1942, received from Town Engineer and Superintendent of Highways Foote, in which he advised the Board that the men employed in the highway, sewer and garbage disposal departments had asked for two weekst vacation with pay. Following some discussion during which a law was raised, the matter was referred to Attorney at the next meeting. The Supervisor called to the attention of past years the summer schedule of business hours at had been on weekdays 9 A. M. to 4:30 P. M. and 9 A.M. on Saturdays 9 A. M. to 12 noon. He asked what the this year. m juestion of the Delius, for a report the Board that in the Town Offices m. to /+ P. M. , and Board wished to do _- Following some discussion the members of the Board were unanimous in their decision that because of the war emergency the Town Office hours be maintained at full schedule, 9 A. M. to 5 P. M. and 9 A. M. to 12 noon throughout the year. The Supervisor reported that he and Attorney Delius had represented the Town in a conference with T. B. Folger, Personnel Director, on the proposed civil service rules for towns, villages and special districts in Westchester County. He handed copies of the tentative classification plan for the Town to the members of the Board and asked them to study same before June 17, which date was set by the County as the last day to file comments, if any. Following some discussion Councilman Brewer and Attorney Delius were appointed as a committee to go over the proposed classi- fication plan and report back to the Board at the next meeting to be held on June 17. The report of the Mamaroneck Health Center for the month of May was received and filed. At 7 P. M. the Board unanimously resolved to adjourn.