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HomeMy WebLinkAbout1943_12_15 Town Board Minutes us REGULAR MEETING OF THE TOW ET BOARD TOWN OF MAMARONECK., NEW YORK HELD DECEMBER 15, 1943 In the Council Room of the Weaver Street Firehouse , Town of Mamaroneck, New fork. The meeting was called to order by Supervisor Mandeville at 8: 15 P.M. (Eastern War Time) . Present: Supervisor Mandeville Councilmen Griffin, Stiner , Keeler , Embury Absent : None The presence was also noted of Town Clerk Payne , Attorney Delius , Comptroller Orsino, Assessor Smith and Town Engineer and Superintendent of Highways Foote. The minutes of the meetings of November 24 and December 1, 1943, were approved as presented. The Supervisor recommended that the meeting proceed with the public hearing to consider the application of the County Trans- portation Co. Inc. for the extension of their bus lines in the un- incorporated section of the Town. The Town Clerk read the affidavit of publication of the notice for the public hearing which appeared in The Daily Times , the official newspaper of the Town, on December 3 , 1943. I-fr. Thomas B. Jewell, attorney for the County Transportation Co. Inc. was present. There was full discussion after which Council- man Griffin moved and Councilman Stiner seconded the following re- solution, which was , on roll call , unanimously adopted: WHEREAS, application has been made to the Town Board of the Town of Mamaroneck, by County Transportation Co. , Inc. , for the operation of omnibuses over cer- tain 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 15th day of December , 1943 NOW, THEREFORE , BE IT RESOLVED, that the Town Board of the Town of Mamaro- neck, hereinafter called the Board, pursuant to the provisions of Sections 66 and 67 of the Transpor- tation Corporations Law, consents that the said County Transportation Co. , Inc. , 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 : BEGINNING on Palmer Avenue at the boundary line of the Citv of New Rochelle and the Town of Mamaroneck, -- easterly on Palmer Avenue to the westerly boundary line of the Village of Larchmont and the Town of Mamaroneck. Returning via the same route. BEGINNING on Chatsworth Avenue at the southerly boundary line of the Town of Mamaroneck with the Village of Larchmont , northerly to the entrance to the grounds of the westbound Larchmont Railroad Station of The New York, New Haven and Hartford Railroad Company in the Town of Mamaroneck. Returning from the said 7 railroad station grounds westerly on Myrtle Avenue to its intersection with Chatsworth Avenue; thence southerly on Chatsworth Avenue to the boundary line between the Town of P.Iamaroneck and the Village of Larchmont. Being parts of an additional route via Stephenson Boulevard and Palmer Avenue in the City of New Rochelle and the Village of Larchmont in con- nection with the present East Main Street Line of the County Transportation Company from the City of New Rochelle to Stamford, Connecticut. BE IT FURTHER RESOLVED, that this consent is subject to the follow- ing terms , conditions , requirements and limitations: 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 180 days from the date of this resolution, pursuant to a certi- ficate of convenience and necessity issued by the Public Service Commission, this consent shall lapse and become null and void. 3. Nothing in this consent shall be deemed to grant or authorize any exclusive right. 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 , 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 pro- visions of the statutes relating to the consolidation or merger or corporations or otherwise , without the consent of the Board 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 con- sents, 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 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 con- trary notwithstanding, and that the said assignee , les- see , or mortgagee waives any more favorable conditions , created by such statute or its charter , and that it will not claim by reason thereof, or otherwise , exemption from liability to perform each and all of the conditions of this consent. 5. (a) The company at all times during the term of this consent shall operate over the route herein de- scribed, either the transit-trolley and/or the conven- tional type of bus and shall com-ply with all the require- ments 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 juris- diction. The company shall employ at least two buses in the operation of the route herein described and shall have available one spare bus. M (b) All vehicles which may be operated pur- suant 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 " 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 Board. 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. Their 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. 7• All vehicles operated pursuant to this con- sent shall conform in all particulars with the require- ments herein contained and shall be maintained in good and safe repair and in a manner which will in all ways and at all times render the vehicles fit for public ser- vice. The company shall permit the Board to inspect at all reasonable times , any or all the vehicles used by the company or upon order of the Board, shall submit any such vehicle to the Board for inspection. I£, 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 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 tide 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 in- toxicating 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 of Mamaroneck, during the term of this con- sent , 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 Board , designed for the protection and safety of persons or property or for the comfort , health or convenience of the public. 769 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 Board 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 omni- bus route , and the company shall fully indemnify and repay to the Board, any damages , costs and/or expenses which the Board 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 fore- going instrument shall be construed as a consent under the provisions of Sections 66 and 67 of the Transportation Corporations Law of the State of New York and revocable by the Board according to terms and conditions herein expressed. 12. The company shall obtain a certificate of convenience and necessity from the Public Service Com- mission of the State of New York but if, for any reason, such certificate of convenience and necessity be not granted within 180 days from the date of this resolution, this consent shall lapse and become ,null and void. 13. Fare shall be 100 between the railroad station in Larchmont and Mechanic Street Terminal in New Rochelle. 14. The company shall operate a bus on a 30-minute schedule. 15. No advertising matter of any kind shall be put or carried upon the outside of the bus. 16. This consent to maintain and operate motor buses and omnibuses upon the streets , avenues and highways here- in described, shall be held and enjoyed by the company until May 26 , 1957. 17. Nothing contained in the consent hereby granted shall be construed as a "terminable permit" under the pro- visions of Sections 68 tot 69d inclusive , of the Trans- portation Corporations Law of the State of New York, or to confer any rights or obligations upon either County Transportation Co. , Inc. , or the Town of Mamaroneck, pursuant to such provisions of the Transportation Cor- porations Law. 18. The company shall pay to the Board for this consent , an amount equal to three percent (3%) of the proportion of the gross receipts derived from the through routes of which the hereinabove described route forms a part , that the actual mileage operated in the Town of Mamaroneck bears to the total actual mileage of said through routes. Said amount shall be determined as of the 31st day of December and the 30th day of June in each year and shall be payable tithin 45 days after the date as of which the amount thereof shall have been determined. 775 (d) Amounts paid by the company for damages to persons or property on account of con- struction and operation; (e) Total expenses for operation, including salaries , and such other information in regard to the business of the company as may be required; (f) The names of its officers and directors; (g) The names and addresses of the ten prin- cipal stockholders and of the ten principal holders of secured or unsecured debts. The Board may prescribe the form of any such reports which , as prescribed by the Board, shall be as nearly as practicable , the same as the form of reports required by the laws of the State of New York, dealing with the same subject matters. The Board may, at any time , require a special report under oath from the company or from any of its officers on any or all of the above matters , or any other connected with the company ' s business within the intent and scope of this consent. The Supervisor expressed appreciat; o Pi!r. Jewell on be- half of the residents of the community and the members of the Town Board, for the additional service along Rockland Avenue . He added that it had proven to be of great help to the residents using the service , and that almost everybody in that section was satisfied. The following reports for the month of November were re- ceived and ordered filed: Report of the 'Toern Clerk,; Report of the Building Inspector; Report of the Plumbing Inspector; Report of the Westchester Dog Protective Association; Report of the Public Health Nurses; Annual Report of the Mamaroneck Health Center for 1943. Councilman Griffin presented the following reports which were ordered filed: Claims audited and paid by the Comptroller from December 1 to December 15, 1943; Statement of Bank Balances as of 9 a.m. December 15, 1943; Reports for the month of November, as follows : Supervisor ' s Report; Summary of Receipts and Disbursements; Analysis of Budget Appropriations and Expenditures; Analysis of Es- timated Revenues . , The Supervisor informed the Board that in view of the interest taken by the Larchmont Gardens Association in the Tax Budget , that he decided to send them copies of his statements which are filed monthly showing the financial condition of the Town. Councilman Griffin continued with his report by submitting and reading, the report for the Department of Public welfare for the month of November , which showed as follows: Year Caseload Individuals Total Grasslands Expenditures Cases 1943 29 59 $1,334.09 22 82, 560. 76 1942 91 249 3,273.45 22 2 ,635.00 He read, a letter dated December 13 , 1943 , received from Public iffelfare Officer , C.D. DeVinne, requesting that the Town':Board increase the revolving fund for Cash Relief from 81,000 to $1 , 5009 because through recent experience it was indicated that at certain times the fund would be exceeded. Following some discussion the letter was referred to the Supervisor under the authority given to the Supervisor in a resolution adopted by the Town Board on July 7, 1943. 777 The Supervisor announced that Mr. Morway Pickett was pre- sent and suggested that it might be well for the Town Board to hear him so that he would not have to wait through the meeting. Mr. Pickett made application to the Town Board for a com- promise of taxes on vacant property formerly part of the Mercandante Estate and now owned by the Interboro Industrial, Inc. The matter had been pending seme time following discussions at the Town Offices. The members of the Board discussed the matter fully with Mr. Pickett and it was on motion by Councilman Embury , seconded by Councilman Stiner, upon roll call, unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby compromises the amount of tax liens upon property owned by Interboro Industrial, Inc. , which liens were sold to the Town on Mai! 26 , 1943 , at the annual tax lien sale , at the following amounts: Block 120 , Parcel 79) Compromised amount , Block 121 , Parcel 136) $3 ,036.16 Block 120 , Parcel 260 127.23 provided that the amount of such compromise and the current State , Town, County and School tax, with penalties , upon said property , be paid on or before December 31 , 1943. The Supervisor suggested that the meeting continue with the reports of committees . Councilman Keeler stated that at the meeting of November 24, there were two items referred to him for report: a letter from the New York State Postwar Public Works Planning Commission, and a plan drawn by Town Engineer Foote showing a suggested alternate route in regard to the Pelham-Portchester Parkway right-of-way. He stated that he had been over each matter thoroughly and since the proposed allocation of the Post War Public Works Planning Commission was so small, his recommendation to the Board at the present time would be to forget the whole thing. Regarding the Pelham-Portchester Parkway, Councilman Keeler informed the Board that unfortunately his p*ician has not as yet released him for out of torn trips and that he has not been able v to make the trip to Albany to see Mr. Sells because of this. lie stated that he hoped soon to get his doctor ' s permission for such trips as he also has some personal business to take care of out of town. Fie added that he thoughthe would gain this permission within a few weeks. Supervisor Mandeville stated that although the Town had prepared a map showing an alternate route , which was presented to the County Engineer and Park Commission and was in turn to be for- warded to the State , the State has its own ideas as to how the through-way should be carried out. He stated that if the State was going to have its way there was no doubt that it was going to ruin some very valuable property and that it would have a great effect upon the assessment roll. He said that the question is what can be done to change their minds so that the Town would be protected to some degree when the bill cones before the Governor for approval or veto. He pointed out that the last time it was before the Governor it was turned down. He also pointed out that this time they , no doubt , will frame the bill so that the Governor will find no objections and that while the project comes under Postwar planning and there seems to be quite some time before it will. be considered , there is no 779 doubt that everything will be prepared so that when it is con- sidered there will be no lost time. Therefore , something should be done as soon as possible so that the Town would be prepared. The Supervisor read a letter received by Town Engineer Foote from the County of Westchester stating that they were re- turning the map which Mr. Foote had left with them and that they had prepared two photostatic copies for Commissioner Harding ' s use ih discussing the plan with the State Department of Public works. Attorney Delius stated that he expected to be in Albany on Thursday and Friday following this meeting and that he. would have a preliminary talk with Mr. Sells if the Board wished him to do so and that following this the members could take the matter up further with the State officials. Following further discussion it was decided that soon after the first of the year , Supervisor Mandeville , Councilman Keeler and Engineer Foote would make an appointment to see the State officials on the matter. Attorney Delius was requested to write letters to the Larchmont Gardens Association, Larchmont Hills Association, and other organizations which have been interested in the proposed route • of this thoroughfare and inform them that the matter was aggn/con- sidered by the State. eing Councilman Keeler continued with his report by stating that folllowing the budget hearing he had reviewed the insurance records and policies of the Town and it came to his attention that already two or three policies of the Town are on a three-year basis. He said he saw no reason why the Town could not take three or four policies that are expiring on December 31 and putting them in the three-year arrangement and each year following add a few of the policies which are nova on the one year basis . He said that he believed that the cost for war damage insurance which would be discontinued would leave enough money to proceed with the new arrangement. He added that all of the insurance would be paid for in accordance with the amount of money set up for this purpose in the budget for the new year. The Supervisor asked Councilman Keeler if the Town is protected under the present insurance if any one piece of equip- ment is taken outside the Town limits. Councilman Keeler explained that all the equipment of the Town is covered whether used inside or outside the Town limits, except the road roller. During discussion an example such as the fire chief' s car was referred to because Chief Burton has used same to go to Mount Vernon, his place of business , so as to have the car on hand in case of a fire alarm call. The Supervisor asked Councilman Keeler if he was satisfied that the Chief should take the car out of town. Councilman Keeler said that the Town is protected by the insurance on this equipment and that he believed that the Chief should have the car available in the event of an emergency, but if through some reason this does not prove advisable he would re- port back to the Board. The Town Attorney reported that Sol Rubin, attorney for the Oak River St. Corp. had requested a settlement of certiorari proceedings brought to review the assessment on Block 912, Parcel 22. After the Town Attorney had explained the details to the mem- bers of the Board it was decided that the request be denied. The Supervisor read a letter dated December 6, 1943 , from Henry R. Dillon, the Receiver of Taxes , in which he advised that a lien on property assessed in the name of Alfred Weeks , was sold to the Atlantic Municipal Corporation , on May 26, 1943 and included a penalty of 12 per cent. Mrs. Weeks claims that under the Soldiers ' and Sailors ' Act she is entitled to pay this on the basis of 6 per cent from the date the taxes became due and a lien. Following some discussion, on motion by Councilman Stiner , seconded by Councilman Keeler, the following resolution was unanimously adopted: WHEREAS, at the sole of tax liens heretofore held by the Supervisor on the 26th, day of May, 1943 , a lien covering Block 930, Parcel 195, premises owned by Alfred Weeks, in the sum of $418.14, was purchased by the Atlantic Municipal Corporation at 12 per annum; and WHEREAS , the Atlantic Municipal Corporation, in accordance with the terms of the sale, paid to the Receiver of Taxes and/or the Supervisor of the Town, the sum of $418.14 which represented State , County , Town and District taxes for the year 1942 , amounting to $202.88 and School taxes levied in the year 1942 amounting to $169.79 and penalties and expenses of the sale amounting to $45.47; and WHEREAS , under the provisions of Chapter 500 of the Federal Soldiers ' and Sailors ' Relief Act of 1940 as amended October 6 , 1942 , no person in military service is required to pay any more than 6% per annum provided his ability to pay is materially affected by his ser- vice and no other penalty or interest shall be in- curred by reason of non-payment of such tax; and — WHEREAS , Alfred reeks is now a member of the Armed Forces and has filed an affidavit with the Receiver of Taxes indicating that his ability to pay has been materially affected; and WHEREAS, the Atlantic Municipal Corporation has agreed to reduce ,the rate of interest as bid upon the lien from 12% to 6% provided the Town will refund to it , the sum of $21.70, representing penalties at the rate of 6, for both State , County, Town and School Tax for the year 1942, from the date when these taxes became a lien, up to the time of the sale on May 26, 19431 NOW, THEREFORE , BE IT RESOLVED, that the Supervisor is authorized to refund to the Atlantic Municipal Corporation, the sum of $21.70, such refund to be made from revenues for interest and penalties collected in the year 1943. The Town Attorney recommended the following resolution, which was on motion by Councilman Griffin, seconded by Councilman Embury , unanimously adopted: WHEREAS , heretofore and on the 3rd day of November , 1943 , this Board adopted resolutions providing for the assignment of certain tax liens , owned by the Town of Mamaroneck and covering premises known as Section 9, Block 51 , Lot 8 (new number Bloch 912 , Parcel 5) and which premises are described as 151 Mamaroneck Avenue , in the Village of Mamaroneck, and formerly occupied by Block Furniture Com- pany, to the Village of Mamaroneck for the purpose of foreclosing same, together with liens held by the Village upon the same premises: and 83 WHEREAS , in pursuance of such resolutions and under authority thereby granted, the Supervisor thereafter signed an agreement providing that such liens be assigned, and after foreclosure , the Village should become the owner of record, subject to the rights of the Town to receive , upon re-sale of the premises, its proportionate share in any proceeds of sale realized therefrom; and WHEREAS , thereafter the Receiver of Taxes , in pursuance of such resolutions, executed an assignment of said liens and de- livered the liens with the assignment, to the Treasurer of the Village of LIamaroneck; and WHEREAS , the Village of Mamaroneck has now negotiated a settlement or compromise of these taxes with one Benjamin Vandroff, an attorney representing Samuel Lightbody , upon the basis of certain payments to be made to the Town and Village , all of which is satis- factory to this Board and has been approved by the Village Board; and WHEREAS , the Treasurer of the Village of Mamaroneck, in pursuance of authority given by the Village Board , has re-assigned the said liens to the Town of Mamaroneck and delivered the same to the Receiver of Taxes; NOW, THEREFORE , BE IT RESOLVED, that the Town of Mamaroneck hereby accepts in compromise of the following taxes and /or tax liens upon the premises known as Block 912 , Parcel 5, (old number Section 9, Block 912 , Lot 8) the following amounts: Date of Sale Year of Levy Total Tax_Lien 1939 1938 $ 819.27 1940 1939 754. 19 1941 1940 741.07 1942 1941 750.21 1943 1942 740.50 $3 ,805.24 provided that payment of the aforesaid amount be made with current penalties on or before December 31, 1943. The Supervisor stated that it would be necessary to hold a statutory meeting between December 28 and 30. Following some discussion it was decided to hold the same on Tuesday , December 28, 1943 , at 8:15 p.m. , in the Council Room of the Weaver Street Fire- house. At 9: 55 p.m. the Board unanimously resolved to adjourn. Town Clerk