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HomeMy WebLinkAboutTB-07/06/1971SOUTHOLD TOWN BOARD MINUTES .Meeting of July 6, 197] The Southold Town Board met at the office of Supervisor Albert M. ~artocchia, 16 South Street, Greenport, New York, on Tuesday, July 6, 'l~f at 3:00 P.M. with the following present: Supervisor Alber~ M. Martocchia, Councilman James H. Rich, Jr., Councilman Howard C. Valentine, Justice Martin Suter, Justice Louis M. Dem~rest,' Town Attorney Kobert W. Tasker, Supt. of Highways Raymond Dean, and Town Clerk Albett W. Richmond. Absent:,Justice. E. Perry Edwards. A public hearing was held on the 6th day of July, 1971 at 3:00 P.M., at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, for the purpose of considering the taking over of Gin Lane,~.Bay. Haven Lane,.Midway and Watersedge Way, on a certain map entitled "Bay Haven at Southold, Town of Southold, Suffolk County, New Yor~"~. filed in the Suffolk County Clerk's Office, on January 22, 1959 as ~aP No. 2910, All interested persons were given an Oppor- tunity to be heard. Only one person spoke, Mr. Clarence B. Maguire, attorney acting on behal~f of.the people of Bay Haven, requesting the taking over of the roads. Mr..Maguire wished to thank Town Attorney Tasker and Highway Superintendent Dean for their cooperation in this matter. Moved by Councilman Valentine, seconded by Councilman Rich, it was RESOLVED: That the next meeting of the Town Board will be held at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenp0rt, New York, on July 13, 1971 at 3:00 P~M. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Justice Suter, it was RESOLVED: That the minutes of the June 22, 197~1 meeting and special meeting of June 29, 1971 be and they hereby are approved. Vote .of ~he ~Town .Board.:..Aye: Supervisor Mar.~occhia, Counci~lma~ Rich, Councilman Valentine, Jus%ice Suter-, ~JUs~ice Demarest.~ Moved by Justiee Suter, seconded by Councilman Valentine, it was RESOLVED: That the reports of the Building Inspector, Justice Suter, SuPervisor Martocchia, and Town Clerk for the month of June 1971, be.~accepted by.-t~e~.To~n. Board and placed.-on~ file. Vote of the Town Board: Ayes: Supervisor~Martocchia, Councilman Valentine, Councilman Rich, Justice Suter, Justice Demarest..- Moved by Justice Suter, seconded by Councilman Rich, it was RESOLVED:__ That the. Southold, Town~Board approves-the,action of-the Fishers Island Ferry District in the hiring of the following employees for the summer operation of the theatre and ferry: Theatre Edwen3Horning Cashier Ernest Middleton Recreation Leader $73-per.week, Fishers Isl., N.Y. $11.25 per show, Fishers Isl., N.Y. J. B. Hartsfield_. Recreations,Leader ,.$11.~25 -per~show~ Fishers Isl., N.Y. Edmond White Clerical Aid $ 7.30~per show, Fishers Isl., N.Y. ,Maintenance--Grass Cutting Grounds Arnold~Vowles Maintenance. Ran $4.~50 pem.heur, Fishers Isl., N.Y. .New-London--Deck Donald Sweet Watchman~ . $90..O0 per week, 416 Fitch Hill Road, Uncasville, Conn. Office-Fishers Island, N.Y. Pa~ricia.,C. Sinclair. Clerk-Part-Time ~$2.50 per'hr.'-, 'FiSherS Isl.,NY BE IT FURTHER RESOLVED: That all of these employees are needed and are eminent.ly qualified in the positions indicated, and~'shouid 'be engaged by the~.Fishers Island Ferry-District effective June 23; 197t a~d..at the compensation so specified. ' '" Vote of the Town Board: Ayes: Supervisor Mart0cchia; Councilman Rich, Councilman ~lentine, Justice Suter, Justice Demarest. ~Moved by Councilman Rich, seconded by Conncilman Valentine, it was RESOLVED: That Supervisor Mar.tocchia-be and he hereby is':,auth~rized to sign a. lease for a-parking lot' with G.riswold-Terry-Glo~er Post, Southold, New Yo~k~ Vote of the Town Boa.rd: .. Ayes:- Supervisor Martocchia, Councilman Rich, Counc~ilman Valentine, Justice Suter, Justice DemarestY Moved by Justice Suter, seconded by Councilman Rich, it was RESOLVED that Frank Kujawski; Jr., '-Mattituck, New York, be and 'he' hereby is appointed a member of the Southold Town-C0nservati0n Advisory Council for a two year term, to June 1, 1973, in place of Barney Sidor, whose term expired. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman :Vatenti~ne, Justice S~ter, Justice Demarest. Moved by Councilman Rich, Seconded by Councilman Valentine,:' i:t was RESOLVED that Cha~les Meyer; Sou'thold, -New York, 'be and ~hereby is appointed a member of the Southol~d. Town Conservation Advisory. Council for a two year term, to expire June 1, 1973, zn place~'of ~. W. Booth, whose term expired. Vo~e 'of the' Town Board: Ayes: Supervisor Martocchia, Coun¢ilm~n Rich, Cohncilman Valentine, Justice Suter, Justice Demare:st. Moved by Justice Demarest, seconded by Councilman Rich, it was RESOLVED that Police Chief Carl Cataldo, Town of Southold, be ~nd he hereby is authorized to attend New York State Police Chiefs Conference.at .Rechester~ New York, July ~5, 26, 27,--28, ~29', 30~- 1971, and be it ~'" -' FURTHER RESOLVED that the actual and necessary expenses 'to~ travel, meals and lodging incurred while attending said eonference be a legal charge against, the Town. of Southold. Vote of the Town Board: Ayes: Supervisor Martocchia, Counc-i'tman Rich, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice Demares%, seconded by Councilman Valentine, ~it was RESOLVED that the restrictions on the selling ahd kak~g of:fiil from the Town Disposal Area be lifted: Unlimited amount ~o'be sold at $ .75 per yard plus tax. Sand pit to be open Monday through Thursday. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman ~Rich, Councilman Valentine, Justice D~mar~s~us~ U~m~ie~tSuter. Bl~oved~by Councilman Valentine, seconded by JuStice Suter, .WHEREAS, a. written petition dated March 15, 1971, was duly filed with this board requesting the permanent improvement of highways in this Town known as: All those certain lands at Bayview in the Town of Southold, .known and designated as Gin Lane, Bay Haven Lane, Midway and Watersedge Way on a certain map entitled "Bay Haven at Southold, Town of Southold, Suffolk County, New York" filed in the Suffolk County Clerk's Office on January 22, 1959, _ as Map No. 2910. W~EREAS, said petition was duly signed by owners of real estate owning real estate to the extent of at least one-half of the entire frontage or bounds on both side of such highways and also signed by resident owners residing~in or along .such highways, and WHEREAS, the said petition was. duly acknowledge or proved as to each signer in the same manner as required of a deed to be recorded, and WHE'Pd~AS, at a meeting of said Town Board duly called and held on June 8, 1971, an order was duly adopted by it and entered in its minutes, reciting and filing of such petition, the improvement proposed and the maximum amount pr. oposed to be ~expended for the -improVement as stated in such petition, .to wit, the sum of $10,500.00, and~ -specifying that the said board would meet to consider the petition and hear all persons interested.in the subject thereof concerning the same, at the Supervisor's office, 16 South Street, Gre'enpor%~ in said Town on the 6th day of July, 1971, .at 3:00 R.M., ~hd~ WHEREAS, the said order, duly certified by the Town Board, was duty published and posted as required by law,. to wit, a duly Certified copy thereof was published in the "Suffolk Weekly Times", the official paper of this Town, on June 18~ 1971, and copies of suchorder posted conspicuously in fi~e public places within the district, -on June 18, 1971, and WHEREAS', a hearing was duly held by this Town Board at the place a-~d on the date and time hereinbefore mentioned, and at such place and t~im~, the~said Town Board did duly consider the said.petition and hear alt persons interested, NOW, THEREFORE, after such hearing~ and upon the evidence given thereat and pursuant to the pr. ovisions of Section 200 of the Town Law-~f--%he Stateof~New York, it~is hereby RESOLVED, that this~board does-he~eby-determine that it~is"in, the ~ublic ~nterest .to make%the improvements petitioned for, to,wit: Th~ permanent pavement of the'same and~'the~ construction of such cu~bs~ gutters, catch basins and drainage.~facilities as.~may~'be~ necessary, and it is further RESOLVED that Lawrence M. Tuthill, as engineer for this Town, shall prepare definite~plans and~specifica%ions and make a~care~ ful estimate of the expenses ~or the performance of. the work; and it~is further RESOLVED that Otto Van T~y.l~& Son, .Civil Engineers,~ who are hereby employed fore-that purpose shall survey said highways and establish the li~es a~d grades'thereOf and such survey and a profile of the grade shall be filed in the'Town Clerk's Office; and it is.further RESOLVED that upon the completi6n of the aforesaid, plans, specifica- tiOns~'es~imate-of e~penses, survey and.~profile of ~he~rad~ssthat the Superintendent of Highways perform said work by using regular highway employees and that the cost, thereof to be~ deemed a part of the expense of the improvement.~ VoBe Of~the Town~.Board:.~ Ayes: Supervisor Martocchia,~.Councilman Rich, Councilman Valentine, 'Justice Suter, Justice Demarest~ Justice Demarest offered'the following resolution and moved its adeptien:- ~ ~ - ~' Bond ResolutiOn'of the Town-.of Southold,--~ew York~ Adopted.~ July 6, 1971, Appropriating- $t0,500~..00 for the Improvement~ of~Town Roads, .in said Town, Stating the Estimated Maximum Cost thereof, $10,500.00 and'Authorizing the Issuance of $10,500.00 Serial ~Bondso~f the'Town to Finance said Appropriation. _ :. Recitals '. WHER-EAS~ following.receipt of a peti~ion~ in due, form, a public hearing duly called and,.hel.d, f~r the .......... improvemen2,, of ~he.e~isting. ... .. highways-known as Gin Lane,.Bay Haven Lane, Midway and. Watersedge Way (herein.caLled !'Improvement". and "Streets"~-respectively) .... in the Town of Southold (herein called "Town"), in the_County..of Suffolk~ New York, by the.permanent paye~ent~of the sam,.and the construction of such curbs, gutters, catch basins and drainage:. facilities as may be necessary,.a% an estimated maximum cost.pr $~0~500.Oe,..-.~he Town ~oard..of .the To~n dete6mined, pu6.suant, to resolution duly adopted on July 6, 1971, that the ho.ti:ce Of.such. hearing was published and p©s~ed as ~equired by law. and_ is~the~,wise sufficient and that it is in the public interest to make ~e Improve--.. ment pursuant ~o .the d~finite plans., spegifications .and est&.mate of cos~_ to. be_ prepared, by th~. TOw~ EngiDeDr3 now. therefore,, be it ....... .~SOLVED BY THE TOWN BOARD OF. THE TOWN OF SOUTHOLD IN T~. E COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the_members of said Board), AS FOLLOWS: . S~ction 1. The Town hereby appropria~e.s the amount pf $~9,500.00 for:the permanent pavement of .Gin Lane, Bay Haye~ Lane, M~dway and Watersedge Way and tho construction of such curbs~ gutters, catch basins,, and dramnage, facilities as may be necessary on and along the Town High~ays in the Town, all in accordance_ with th~ map, plan a~d specifications and estimate of cost prepared by the To~n..Engineer, hereinabo~e:refer~ed to in the Recitals hereof, an~ her_eby approved. The estimated maximum cost of said specific objec-t or purpose,. including preliminary costs and costs incidental thereto.and-the financing tthereof, is $10,500~00 and the plaB of f~ancing.in~!udes the issuance of serial bonds of the. Town mn the principal amount of $10,500.00 and the assessment, ~e~y and ccllection of assessments from.the several lots and parcels of land. which the Town Board shall ~esm especially b~nefited hereby to pa~ th~. principal!, of'_said bonds an.d. t~e interest ~the~eoD so much upon-and from-each as shal~ be in just proportion to. the amount of benefited which the Improvement shall confer upon the same. Section 2. TQ finance such appropriations, serial bonds the,Town are.hereby authQrized to. be .issDed_.%n the pr~ncitpa1 .amouDt of $10,500.00 pursuant ~o the provisions .~f th~ LQC~i Finance Laa, constituting Chapter 33-a of the Consolidated Laws of. the_ State of Ne~ York (.herein ca~led "Law") Section 3. The period of probable usefulness of the specific object or purpose for which the bo~ds authorized-pursuant-to this resolution, are .to be issued, w~thin the limitations, of Section ll.00a. 20.. of the Law, is five (-5) y~ears :(,)_ Current funds a.re not. requirD~ to be provided prior to the issuance of the bonds authorized pursuant to this resolution:, or any bond anticipation notes issued in anticipation th~of,~ pursuant to the provisions of Section 10~7000of ~he_ Law. . ( ) The,proposed maturity of the bonds authorized .pursuant to this resolution may exceed five (5) years. · Section 4. Each of the bonds authorized pursuant to th~s resolution_, and any notes issued in a~ticipa~ion thereof, shal~ contain the recital of validity prescribed by %52.00 of the and said bonds and any notes issued in a.nticipatioD o~ said bonds shall be general obligations, of the Town, payable as to both principal and in.terest by general tax upon a~l the_taxable real property within the Town..without limitation of rate or amount. The .faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest 'on said bonds and provision shall be made anhually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Pursuant to the provisions of this resolution and pursuant to the provisions of %30.00 relative to the authorization of the issuance of bond anticipation notes and of %50 and %56.00 to %60.00 of the Law, the powers and duties of the Town Board relative to prescribing the terms, form and contents and as to ~h~, sale and issuance of said bonds and any notes issued in anticipation of said bonds, or the renewals thereof, are hereby delegated to the Supervisor, ~he chief'fiscal officer of the Town. ~ ~Section 6. The validity of the bonds authorized pursuant to this resolution may be contested only if: ~[a) ~uch obligations are authorized for an object Or purpose for'which the Town is not authorized to expend '~money, or ' (b) The provisions of law which should be complied with at the date of publication of such resolution, axe -~ not substantially complied with, and an action, Suit or proceeding contesting such validity, ~s commenced within~ twenty days after,the date of such publication, or ~(c) Such obligations are authorized~in v~lation of the provisions of the constitution. ~. ~ ~ Section 7.. This resolution shall take effect immediately. Theadoption of the foregoing resolution was seconded by Councilman Valentine and duly put to a vote on roll call, which resulted as follows: Ayes: Supervisor Martocch~, Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. Noes:~ None The-resolution was declared unanimously adopted. Councilman Rich offered th~ following resolution and moved for its adoption: RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD IN THE COUNTY OF SUFFOLK% NEW YQRK, ASFOLLOWS: Section 1.~ The Town-C~erk-of the Town of Southotd, in the Count,_of SuffoTk} New York, ~s-hereby, directed to pubL.ish the forego~ng~bond.reso~u~ion,., in fult~, in the~"'SUFFOLK WEEKLY. TIMES," a newspaper published in the Town of Southold,~New York, and~having a~general~circulation in the Tow~, which newspaper is hereby designated~as~the ~off~cia&~newspaper of,-the~Town-for such publica- tions, together with-.-~he~ Town Clerk'~S statutory Notice in substantially the form as-prescribed~by<Sect~on 81¥00 ~of the Local Finance ~aw of the Stat~-_of~New Yor~. · , .-. - ~ .... · Section 2. Th-is resolution shal~ take effect immediately. The adoption of the foregoing ~esolution was seconded by Justice Suter and duly put to a vote on'ro~l tail, resulted.as- folTows= Ayes: Supervisor-Mar~occhia, CouncilmanRich,-Councilman Valenti~ne,~ Justice'Suter;~.Justic~ Demarest.~ The resolution was declared unanimously adopted. Moved by~ Justice Demarest, seconded by Councilman VaLentine, Consent of Town Board to, Proposed Town Highway:-. In' the' Ma~ter of the Layings.out of certain~.town highways in,the, Town~.of~,Southold, County of Suffolk and State of New York~, known as-Gin Lane~- Bay Haven-Lane, Midw~y~ and. Watersedge. Way~ ~- , UPON READING AND FILING the application of Surfline Corporation dated and acknowledged June 28, 1971, and the dedication and-release of Surfline-Corporat~on dated June 28, ,1971, and d~!y,adknowl~dged, dedicating and releasing the necessary' lands for proposed Town- highwaya...to, extend from Main-Bay ViewRoad through the~ lands .of the said Surfline Corporation, RESOLVED, that, in accordance with the, provisions of Section 171 of the Highway Law of the State of New:York, consent be and the same hereby .~s~ given the. Town Superintendent of~ H~ghways of-the' Town of Southold make an order laying out the aforesaid town highways, the said town highways to consist of the lands described in-the dedication and release and to extend as delineated upon the map hereto annexed,, and~it is further RESOLVED, that the-. Tewn_ Clerk be and he hereby is directed to forthwith cause such release to be recorded in the Office of the Clerk of the County of Suffolk and, upon itss return, t~ attach it hereto. Dated, July 6, 1971. Town Board of the Town of Southold, County of Suffolk, New York. Vote o'f the-Town Board:- Ayes: .Supervisor Martocchia, Councilman Rich, CounCilman"Valentine, Justice~-Suter~ Justicel Demarest~ Moved by Councilman ~Valentine, sec0nde~d by Justice ~Suter,'.~ WHEREAS~ the ~S'o~ial Welfare Law requires _that'the soci-aLi~services official of a county, city, or town shall provide f~or the~ establish- ment of' a ~ubli~' Work"pro~ect for the assignment Of ~mployable persons i~ receip~ Of ~home relief a~d~employable p,are~,ts and other eligible relatives receiving aid to dependent children be assigned to per~or-m work ~0r Such~ COunty, ~ity, town~ or for %he state as such persons' are able to~ perform exclusive' of-any ~ork-ordinarily performed by regular employees ~f such c~nt~', city~tow~-~or state, or by craft o~ trade ~in"priVate empl~oyme~t; and~ WHEREAS, Chapter '101~of the"~Laws~f'' 1971~requires' that th~ social services~ official~of the 'Town shall provide for the establishment of public work projects, ' NOWi THEREFORE IT~IS RES0LVED~ that' the social services, official of the 'Town of ~Sou~b~ld be and he hereby is authorize~ and directed to provide fOr~%he establishment of public work projects'for-the purposes set forth ~h~chapter ~01~of th~Laws~ ~f ~9711,~.a~d.it is~ further ....... ~ ~' RESOLVED that said social welfare official of the Town' of Southold be and he her~by'i~autKO~ized'toperfofm acts authorized'~b~ said law. vote-bf' Zhe Town Board? Ayes~: Supervisor Martocchia, Councilmah Valentine, Justice Suter, Justice Demarest, Councilman Kich.~- Moved by Justice Demarest~, bec0nded b~Couneilman~Rich, WHEREAS, the Chief of Police has appTied for a.gran~ under the High~ay Safety Act and said application has been approved and ~h~-To~n of ~ou%hoia~ is tO receive a gra~% pursuant theret0 in~ the amount Of $2;35~'.60, and ~' WHEREAS, in order to receiv~ said grant the Town ~f S~th~ld must ~nter into an agreement With the Interdepartmental Traffic~ Satiety c6mmit~ee acting o~' behalf' of' the State of New York, NOW, THEREFORE', BE IT RESOLVED, that the Supervisor~be and he hereby zs authorized and directed to execute an agreement'with said Interdepartmental Traffic Safety Committee for Highway Safety P~oje~-No[ AL 71-025 entitled "TEA'P'- Traffic~!Enfordement AssiStance P~ojedt Part II~" Vo~e of the 'Town 'Board: Ayes: S~pervisOr~Martodchia, Councilman-, Rich, Councilman Valentihe,' Justice Suter,-Justice Demarest. Moved by Justice Demarest, seconded by Councilman Rich, WHERE~S, the'~hief of Police has applied for a grant u~der the~ Highwa~ Safety Act and said application has bee~approved~and~ the' ToWn of Southold is to recezve a grant.pursuant thereto in? the amount of ~$3~516.~76, a~d WHEREAS, in order to receive'said grant~ the Town~f Southold%~muSt enter int~ an agreement'Wi%h'%he Interdepartmental ,Trsf'fic~safe.ty committee a~t~ng on behalf of '~he State' of New Y~rk~, ..... '~ ~ NOW,'~T~EREFORE, BE IT RESOLVED, that the SuperVisor be and~e hereby iS-authorized'and directed to execute an agreement'-with said ~nterdepartmental Traffic Safety committee for'Highway'Safety Project No. PT-71-049 (001) entitled "TEAP ~'Traffic Enforcement Ass'iSta~ce'Pro~e~t~ Part III." ~ ~ ...... Vote Of the- Town Board% .Ayes: SuperviSor Martocc~hia, Councilman RiCh, Councilma~ Valentine, Justice Suter, Justice Demare~t. ~ -' Adj~urhment at ~:15' P.M. Albert W. Richmond Town Clerk ....