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HomeMy WebLinkAbout1919_01_27 Town Board Minutes (2) Meeting of the Joint Town Board, Town of Mamaroneck, held January 27th, 1919. The meeting was called to order by Supervisor Burton at 8:45 P.M. The Clerk reported the following present: Supervisor Burton, Justices Boyd, Collins, Dudley and Shafer, Superintendent Hickey, J.C. Fairchild, Town Clerk and Ralph A. Gamble, counsel. Upon motion of Justice Boyd, seconded by Justice Collins, it was RESOLVED that the reading of the minutes of meetings not yet approved be dispensed with. Upon motion of Supt. John Hickey, seconded by Justice Dudley, it was RESOLVED that the regular order of business be dispensed with and that the officials of the Westchester Street Railroad Co., namely Mr. Miller, President, Mr. Mickley, Counsel and Mr. Yound, Superintendent be heard at this time. President Miller then spoke at length on the entire trolley situation. He stated that he had just recently assumed office, and was diligently applying himself to the needs and affairs of the road and hoped to work out a solution satisfactory to all municipalities which was the only way in which the matter could be adjusted. He stated that he was making needed changes and asked for the cooperation of the Board and that he would be glad to meet them at any time and talk things over. He asked the Board to appoint a Transit Committee with which he would take up matters for the betterment of the service from time to time. He outlined his proposed zoning plan which he hopes will be accepted by all munici- palities. Under this plan a charge of five cents (5¢) will be made within each Town. He stated he had obtained the consent of a number of the Boards and hoped he would be successful in securing the approval of all, after which the consent of the Public Service Commission will be asked on the new rate schedules. He informed the Board that the Road was not meeting operating expenses and asked that during the month of February while he was working the matter out, that the right to charge a 7 cent fare be extended. He also asked the Board to pass a resolution approving of his proposed zoning plan. The question of charging school children 7¢ was brought to his attention, and President Miller directed Superintendent Young to issue an order allowing school children presenting School Certificates to ride for 5¢ commending February 3rd, 1919. The whole matter was discussed at length with President Miller, and he stated that he would later appear before the Board on behalf of the New York and Stamford Railway Company asking for a zoning system there. The Board informed him that they preferred to thresh out the whole Trolley matter at one time and particularly the 10¢ fare to New Rochelle. President Miller agreed to meet the Board on February 11th, at which time he would discuss the New York and Stamford zoning plan. Justice Collins offered the following resolution which was seconded by Superintendent Hickey. RESOLVED that Counsel prepare a formal resolution per- mitting the Westchester Street Railroad Company to charge a rate of fare of 7¢ instead of the 5¢ fare provided for in its franchise, from January 27th, 1918 to and including February 28th, 1919, said resolution to embody all the covenants, conditions and restrictions of former resolutions passed by this Board, temporarily modifying the aforesaid franchise, which is as follows: A vote being taken, the following voted in the affirmative: Supervisor Burton, Justices Collins, Boyd, Dudley, Superintendent Hickey, Clerk Fairchild. In the negative, Justice Shafer. The Supervisor thereupon declared the aforesaid resolution adopted. The formal resolution as prepared by counsel and adopted pursuant to the foregoing resolution is as follows: WHEREAS, the Westchester Street Railroad Company made application to the Town of Mamaroneck in May, 1918, for an increased fare on its railroad on the ground that said Company claimed that its financial condition was serious and that it would be impossible to meet operating expenses of the road; and WHEREAS, application was made by the City of White Plains to the Public Service Commission, Second district, for an investiga- tion as to whether or not it was necessary that such rate of fare be increased and as to whether or not the service furnished by the Com- pany, could be improved, and if so, in what specific way: and WHEREAS, the said Railroad Company claimed that it would be impossible to operate its railroad, unless relief was granted during the pendency of said investigation; and WHEREAS, a Public Meeting of the citizens of the Town of Mamaroneck was duly called and advertised by the Town Board for the public consideration of the said application of the Westchester Street Railroad Company for an increased fare: and WHEREAS, the said Publc Meeting was duly held, as adver- tised at the Town Hall, Mamaroneck, N.Y., on June 3rd, 1918, at which time a Resolution was duly offered and adopted, that it was the sense of the meeting that the Joint Town Board approve the aforesaid application for an increase of fare from five cents (5¢) to six cents (6¢) for the period from June 10th, 1918, to July 31st, 1918, to and including the 31st day ofJuly, 1918; and WHEREAS, the Joint Town Board of the Town of Mamaroneck did thereafter by Resolution temporarily modify the franchises or consents theretofore granted by said Town to the Westchester Street Railroad company, its predecessor or predecessors and accepted by said Companies so as to permit said Westchester Street Railroad Company to charge a rate of fare of six cents (6¢) instead of five cents (5¢) as provided under said franchises, from the 10th day of June, 1918, to and including the 31st day of July, 1918; and WHEREAS, the said investigation by the Public Service Commission, Second District, was not made within the period for which the aforesaid modification was granted due to difference between the City of White Plains and he Public Service Commission, Second District, which differences were settled and said investi- gation was undertaken about August 1st, 1918; and WHEREAS, the Westchester Street Railroad Company, claimed that it was still operating at a loss and that it was still unable to meet operating expenses even with the increase of fare hereto- fore temporarily granted, and that it would be impossible to operate its railroad unless relief was granted during the pendency of said investigation; and WHEREAS, the Town of Mamaroneck did thereafter by Reso- lutions again temporarily modify the franchises or consents hereto- fore granted by said Town to the Westchester Street Railroad Company, its predecessor or predecessors and accepted by said Companies so as to permit the Westchester Street Railroad Company to charge a rate of fare of seven (7¢) instead of five cents (5¢) as provided under said franchises, from the first day of August 1918 to and in- cluding the 30th day of September, 1918, and from the 27th of November 1918 to and including the 31st day of December 1918 respectively, and WHEREAS, said aforesaid modifications were granted upon the express condition that they were temporary only and should expire on July 31st, 1918, and September 30th, 1918 and December 31st, 1918 respectively, at which times the aforesaid franchises and con- sents should again be in full force and effect subject to the same covenants and conditions as when granted and accepted, said modifi- cations being granted, without prejudice to any rights of the Town of Mamaroneck in the premises and were in no way to be construed as an approval of said proposed increase of fares; and WHEREAS, the aforesaid investigation by the Public Service Commission, Second Department was completed and embodied certain recommendations to be carried out on the part of both parties, and it is necessary that the same be worked out along lines that will be mutually advantageous to the Railroad and to the Municipalities interested therein, which negotiations are now being carried on: and WHEREAS, the three temporary modifications of the franchises herein granted allowing an increase of fare have expired and the Company still claims that it is operating at a loss and is unable to meet its operating expenses and must have additional revenue and has again now made application to the Town of Mamaroneck to charge a rate of fare of seven (7¢) cents for the period from January 27th, 1919, to and including February 28th, 1919: during which time it hopes to perfect a plan of operatin and secure approval thereof: THEREFORE, BE IT RESOLVED, that the franchises or consents heretofore granted by the Town of Mamaroneck to the Westchester Street Railroad Company, its predecessor or predecessors, and accepted by said companies, be and the same hereby are modified temporarily so as to permit the Westchester Street Railroad Company to charge a rate of fare of seven (7¢) cents instead of five cents (5¢) fare provided for under said franchises from the 27th day of January, 1919, to and including the 28th day of February 1919, such increase to be entirely used for the benefit of the lines of the Westchester Street Railroad Company and these lines only; and BE IT FURTHER RESOLVED, that this modification is granted upon the express conditions that it is temporary only and shall expire on the 28th day of February, 1919, at which time the afore- said original franchises and consents shall again be in full force and effect subject to the covenants and conditions as when granted and accepted, and BE IT FURTHER RESOLVED, that this modification is made without prejudice to any rights of the Town of Mamaroneck in the premises, and in no way shall be considered an approval by the Town of Mamaroneck of the proposed increase of fares as a desirable or sufficient method of obtaining the desired additional income, or as an approval of the report and reccomendations of the Engineer of the Public Service Commission, Second Department, Mr. Barnes, that a seven cent (7¢) fare should be granted by the Municipalities. Justice Safer offered the following resolution which was seconded by Commissioner Hickey, and unanimously adopted: WHEREAS President Miller of the Westchester Street Railroad Company has appeared before this Board and has presented a proposed zoning plan for said Railroad. THEREFORE, BE IT RESOLVED that it is the sense of this Board that it approves of the aforesaid zoning plan as proposed by President Miller in so far as the same has been presented and outlined. Supervisor Bull of the Town of Harrison was present during the meeting and made a few remarks in regard to the Winfield Avenue Bridge. A letter from the County Superintendent of Highways was presented by the Town Clerk and upon motion was received and read and placed on file. Superintendent Hickey reported that the street signs on Weaver Street had been erected as ordered by the Board. Upon motion the meeting adjourned at 11 P.M. Town Clerk.