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TB-06/22/1971
Meeting of June 22, 1971 The Southold Town Board met at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, on Tuesday, June 22, 1971 at 3:00 P.M., with the following present: Supervisor Albert M. Martocchia, Councilman Howard-C. Valentine, Justice Martian Suter, Justice Louis M. Demarest, Town Attorney Tasker, H~ghway Superintendent Dean, and Town Clerk Albert W. Richmond. Absent: Justice E. Perry Edwards and Councilman James H. Rich, Jr. ~n motion of Justice Demarest, seconded by Justice Suter, it was RESOLVED: That the minutes of June 8, 1971 and June 14, 1971 be and they are hereby approved. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Suter, Justice Demarest. Mo~ed by Councilman Valentine, seconded by Justice Suter, it was P~ESOLVED: That the next meeting of the Southold Town Board will be held at the office of S~pervisor Albert Martocchia, 16 South Street, Greenport, New York, on Tuesday, July 6, 1971 at 3:00 P.M. V6~% of the Town Board: Ayes: Supervisor Martocchia, Councllman Valentine, Justice Suter, Justice Demarest. At 3:00 P.M. in accordance with notice published according to law, a hearing was held in connection with the Acquisition of property by the-Town of Southold for a Reconstruction of Grand Avenue Bridge, Mat~ituck, New York. -- Minutes were taken by Mrs. Edna Angell. Moved by--Justice Suter, seconded by Councilman Valentine; it was RESOLVED: That the report of' Fishers Island Ferry District for the month of May 1971 be accepted by the Town Board and placed on file. Vote~of the TOwn Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Surer; JusticeDemarest. Moved~by Justice Suter, seconded-by Justice'Demarest; it~was RESOLVED: That the Southold Town Board release the bond in the aount of $13,000.00 of Peconic Homes, a subdiv~ion in Peconic, New¥ork, if~recommendedwby the Southold~Town Planning Board and So~thOtd Town Engineer, for the completion of roads in the subdivision known~as~Peconic-Homes,-owned and developed by'Henry Smith~ Vote-of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Suter, Justice Demarest. MoVed~by Justice Demarest, 'seconded by Justice Suter, it was RESOLVED: That Notice is hereby g~ven that a public hearing will be held by the Town Board of the~Town of Southold at the Supervisor's Of~ic~ 16 S0uth~Street, Greenport, New York~on~the~ t3th day'of July, 1971 at the hours ~hereinafter specified on-~the'following appliCations: to wit: --- t. At 7:30 P.M. on the application~of~Angeto ~Petrucci-for a permit 'to excavate sand, gravel, stone or other materials from prgmises located South of So~ndview Avenue, Southold, New York, bo~hded'generally Northerly by'lands ~of~Edwin ~A. Smith'and Long Island Produce Company; Easterly by lands of Case and Kaplan; ~oUtherly~by la~ds of Newell Estate~and Sepenoski; and-~Westerty by lands of Tisdale and Edwin~A. Smith. ~ - ~. At'8:00 P~M~on the~'application-of ~Leander Gtover, Jr.~or a permit~to excavate sand; graveli stone or other materials from premises located~at ~utchogue, New'York, generally bounded Northerly by'land of-Glover;' Easterly by la~ds of McBride and Glover; Southerly by lands of Town of Southold and Pietrewicz; and Westerly by land of the Town of Southold. Any person interested in-'the above-matter Should~appe~r at-th~-~time and place above~ s~ecifiedl " - Dated': -June 22, -1'97t By Order of~th~ Town Board of~ ~he ~Town of Southo~¢ Albert W. Richmond~ Town Clerk Vote of the Town Board: Ayes: .Supervisor Martocchia~ Councilman Valentine, .Justice Suter, Justice Demarest. Moved by Justice Surer, seconded by Councilman Valentine, WHEREAS, Long Island Lighting Company has been furnishing~electricity to the~ Town of Southold and its inhabitants under aha. pursDant to a franchise and con~e~theretofore granted by the Town Board on July 30, 1921; and' WHEREAS, the Long Island Lighting Company is now the only person, firm or corporation ~supplying electricity within the unincorpQrated areas of the Town of Southold; and WHEREAS, the existing franchise held by Long Island Lighting Company will expire on July 30, 1971, and the said Long Island Lighting Company is desirous of continuing to furnish electricity to the said Town of Southold and its inhabitants, and has made.application to the Town Board of the Town of Southold for an electric franchise for a period of fifty (50) years, and WHEREAS, a notice of public hearing on the application for said electric franchise has been duly given by publication in the official newspaper of the Town of Southold at least ten (10) _ d~ays before the said public .hear. ing was held on May 1L, 1971, all pursuant to Section 64, Subdivision 7 of the Town Law of the State of New York; and WHEREAS, the Town Board of the said Town of Southold is of the opinion that such an electric franchise should be grant.ed on the terms and conditions hereinafter set forth; NOW, T~tEREFORE, BE IT RESOLVED: That the Town Board of the Town of Southold, Suffolk County, New York', does hereby grant, pursuant to Section 64, Subdivision 7 of the Town Law of the State of l~ew York, to Long Island Lighting Company, a. gas and electric corporation organized and existing under the ~ransporation Corporations~.aw of the State of New York, and to its successors and assigns,the right, franchise, permission and consent for the use of the streets, highways and public places or any part thereof, or the space above or under them or any of them, in the Town of Southold which are now or may hereafter be under the control of the municipal auth- orities of said To%m, and hereby consents that Long Islagd Lighting Company may exercise the powers set forth in Section 11 of said Transportation Corporations Law, as and for an electric franchise, all for a period of fifty (50) years from the date of the resO- lution; provided, (~) that such powers shall be subject to such reasonable regulations as may be prescribed by the Town Board; (2) that all pipes, conduits, poles, wires, appurtenances and fixtures shall be installed and maintained in a proper workmanlike manner; and (3) that the said Long Island Lighting Company shall at all times indemnify and save harmless the said Town and the members of the said Town Board from and against any and all actions, suits, damages, costs, charges .and expenses by reason of the location and maintenance of its facilities in any of the streets, highways and other p~c places, or by reason of any act done or omitted to be done by said Long Island Lighting Company.; and provided further, that this consent shall not be deemed exclusive, unless and until Long Island~Lighting Cgmpany, within sixty (60) days from the date of the resolution, shall file its written acceptance thereof with the Town Clerk. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Suter, Justice Demarest. Moved ~y Councilman Valentine, seconded by Justice Demarest, it was RESOLVED: That Supervisor Martocchia be and he hereby ~s authorized to hire Parking Beach Attendants for our Town Beaches. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justiee Suter, seconded by Councilman Valentine, it was RESOLVED: That Supervisor Albert Ma~tocchia be and he hereby is authorized to hire temporary Bay Constables at a sum not to exceed $600.00 each. They are to use their own boat and pay their ow~ expenses except for gas. Vote of the Town Board: Ayes: SupervisOr Martocchia, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice .Surer, seconded by Justice Demarest, it was RESOLVED: That Chester Melot, Mattituck, New York, be and he hereby, is appointed Attendance Officer, subject to the written approval of the District Superintendent of Schools throughout the Town, except such schools as are otherwise Provided for by Section 3213 of the Education Law, and be it further R~SOLUE~: That such Attendance Officer shall be removable at the pleasure o~ the District Superintendent of Schools, and be it further RES~LVE~: That the compensation of such Attendance Officer be fixed ~at~$12Q~00 per year, payable in regular monthl~ installments, he to p.a~ ~is own~expenses, and be. it further RES~LVE~:~ That ~the Town Clerk be and he hereby is instructed to notify Ch'ester ~elot and the District Superintendent of Schools of the appointment. Vote o~fl the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, J~stice Suter, Justice Demarest. Moved b~~ Councilman Valentine, seconded by Justice Suter, the Senior Citizens, ~outhold Tow~, request the use of fo.ur'i~ bus&s for transportation, NOW, , BE IT RESOLVED: That the Town of Southold furnish tra] tation for the Senior Citizens as requeste~ at a sum not to $880.00. Vote the Town Board: Ayes: Supervisor Martocchia, Councilman Vale] Justice Suter, Justice Demarest. Mc Ye inve~ ¸Bo issu~ of Vo~e Va 1 en Justice Surer, seconded by Justice Demarest, ~arion Council ~3852, Knights of Columbus, Cutchogue, New Lied to the_Town Clerk.for a Bingo License Amendment, and · ~own.Board_has.examined the~application and_after I~tion, duly made_findings and.determinations as required ORE, BE~.IT RESOLV~D: That the~Supervisor be and he u~horized and directed to execute on behalf of the Town 's~and determinations~as.required by law, and it ~:.~ That the Town Clerk~be.and he hereby is directed to Amended Bingo~License to the~Marion Council ~3852, Knights )us, C~tchogue,. New York. Town_Board: Ayes: ._Supervisor Martocchia, Councilman Justice Suter, Justice Demarest. Moved by Justice Be~arest, seconded by CounCilman Valentine, WHEREAS, Norman Reich has applied to ~the Town Board for ~permlssion to park~four (4)aSe~~ained campers on his property at Orient Point, New York, ~r~ ~a~ed June 21, 1971; NOW, TREREFORE, BE IT RESOLVED: That this application be returned as it~was incomplete, insufficient fee, and only one permit.presented. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Suter, Justice Demarest ......... Moved by Councilman Valentine, seconded by Justice Demarest, WHEREAS, the Town.of Southotd~(he~ein called ~Town"), in the County of Suffolk, New York, has heretofore duly autho~izdd, sold and issued its $10,500 Bond Anticipation Note for Land Acquisition- 1970 and it is now desirable to~redeem~said Note t~.the extent of ~3,5Q01. fromaa sou~ce.other tha~ the. proceeds of~.the bonds ~in anticipa- tion or,which said,Note has.been..issued;~ NO~THEREFORE,~ BE IT RESOLVED by~the._Town Boa~d ~of the Town.of Southold~.in the_Ceunty~of._~SuffQlk~. New Yor~, as follows: ........ Section 1. ~The~10,500 Bond An%icipation.Note For Land Acquis~ion~lS~0 of.._the~Town~ hereinabove referred to_in_the Recital'of this ~esolutlon, ~is ~hereby authorized~%o be~edeemed ~-ckr~ befor~ Ju-ly l, t97t,~.t~ ~%he extent o~3~,50-0~from,~unds o~ the Town now available to said purpose, said funds being a source other than the proceeds of the bbnds in anti~ipation of Which'said Note was issued, and the said amount of $3,50~0 is hereby approp- riated therefor. Section' 2. This resolution shall take effect imme~iate!y~ The adoption 'of the foregoing resolution was Second%d by Justice Demarest and duly put to a vote on roll call, which resulted &S follows: Ayes: All No~-: None The Resolution was declared unanimously adopted. ~ Councilman Valentine offered the following ~esolutlon and'~ed it s adoption: ~ Bond Anticipation Note Resolution of the Town ~ S0uthold, Ne~ Y~0rk, adopted ~June 22, 1971, authorizing the renewal, in part, of the $10,500. Bond Anticipation Note for Land Acquisition-1970, ~y~.t~e Issuance of a new note in the principal amount of $7,000. Recital Section 3. Said Note is hereby sold to THE NORTH FoRK~'BANK AND TRUST COMPANY, Mattituck Office, Mattituc~, New York, at the price of $7,000, to bear interest at the rate of two and nin~ty~five hundredths per centum (2.95%) per annum, payable at maturity, and the supervisor is hereby authorized tO deliver Said N0~3~o said purchaser upon receipt of the purhase price, plus accrued interest, if any, from the date of said Note to the date of deliveryJ Section 4. Said Note shall contain the recital of validity prescribed by $52.00 of the Law and shall be a general oblication of the Town, payable as to both principal and interest by a general WHEREAS, the Town of Southold (herein called "~wn"), in bhe county of Suffolk, New York, has heretofore duly authorized, sold and issued its $10,500 Bond Anticipation Note for Land Acquisi~&~n- 1970 and has duly authorized the redegption 6f the Note to the extent of $3,500 and it is now necessary and desirable to~p~ovi3de for the renewal, in part, of said Note b~'th~ issua~c.e of anew Note in the principal amount of $7,000; NOW, THEREFORE, BE IT RESOLVED: By the Town Board of the Town of Southold, in the County of Suffolk, New York, as~ollows: Section 1. The $10,500 Bond Anticipation Note for Land Acquisitio~-1970 of the Town dated July 1, 1970, maturing July 1, 1971, subject to prior redemption, numbered 2R-l, heretofore duly authorized, sold and issued pursuant to the bond anticipStion note resolution duly adopted by the-To~n Board o'f said~own~'~0n' June 30, ~970, is hereby authorized ~o be r~newed, in part~ by the issuance of a new Note in the principal amount of Note dated July 1, 1970, having been heretofore duly authorized to be redeemed from a source other than the p~ogeeds of the bends in anticipation of which Said Note has~been issued, to'th~~ ~X~nlt' of $3,500, all as hereinabove referred ~o 'in the Recital he~eof~' pursuant to the provisions of the Local Finance Law, conSt~t~i~ Chapter 33-a of the Consolidated Laws of the State of New. Ygrk (herein called "Law"). The Maturity ofsaid renewal Note~hereiin authorized shall not be later than one year from its date, and said Note may be further renewed pursuant to the provisions of the Law. Section 2. The termS, form and details of said renewal Note shall be as follows: Amount and Title: $7,000 Bond Anticipation Note For Land Acquisition-1971 · Dated: July 1, 1971 Matures: June 30, 1972; s~bject to prior · · ~ ~ede~ption No. 3R-1 Denomination: $7,000 ' ' Interest rate: 2.59% per anhum, payable at maturity Place-of payment of principal and interest: Supervisor~s Office Gre~nport, New York For of Note: Substantially in accordance with form prescribed by Schedule B, 2 of the Law2 Grand Avenue Bridge at~'Mattituck, in th~ Town of Southold and, WHEREAS, pursuant to law notice was published that this~Board would hold a hearing in respect to suc~ map on the 22nd day of Junel 1971, at 3~:00 o'clock, prevailing time of day, at which ti~e-a ~re~asonable oppo'rtun'ity~was giveh to all interested, p~rsons .to make objections thereto or suggest changes 'th'erein, and - · WHEREAS, the~e~appeared no reason to alter said map, noW.~therefore, be~ it RESOLVED, that'.the map-appreved by resolution of the~ Town 'Board and filed in the Suffolk County Clerk's' Officeunder FiTe N01;71~5;t30 on th'e 14'th day-of'May, t971, be ar~ hereby is appr-ove~'an~adopted and that a 'ce'~tifi'ed copy 'of~ this'resolution be filed, ferthwith in the Suffolk County Clerk's.Office, and be it furthe~~ RESOLVED, that compensation to be made to therowner o~'Owners~of the real property, to be 8cquired shall be ascertained-by the Supreme Court without a jury pursuant to the provisionsof the Suffolk County Improvement Act and said compensation shall be paid pursuant to such Act, and be it further RESOLVED, thatoJ©seph ~ite, Esq.~, be and he hereby is aut.horized and directed to proceed with the condemnation of the property shown on said map, and it is further RESOLVED, that the Town of Southold shall become vested with the. title or'in~erest sought to be-a~quired by said proceedings, in .fee, upon the date of entry of the.order granting the application to condemn, and be it further RESOLVED, that notice that title shall so vest shall be published once a week for one (1) wee~ in the-~o.fficial newspapers-of %he County of Suffolk and the official newspapers of the Town of Southold, in the following form, to wit: NOTICE In the matte~ of the-Petition of the TOWN OF SOUTHOLD for the purpose of acquiring the real property necessary for the approaches of the Grand Avenue Bridge at Mattituck, located in the Town of Southold, County of Suffolk and State of New York. NOTICE IS HEREBY GIVEN that pursuant to a resolution .of the Town Board of the Town of Southold, duly adopted at a meeting of the said Board, held on June~22,-197t, the'Town 6f.~outh61d Shall~become vested with the title or interest sought to be acquired in this proceeding, in fee, of,to or in all those parcels of real property indicated on the maps filed in this~proceSding and described in the petition on the date of entry-of the order granting the application to condemn therein, pursuant to the provisions of the Suffolk County Improvement Act, as amended~ in relation to the' acquigition'~of real property by the'Town ~f Southold, or any Town or School District of the County of Suffolk for public use. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice_Suter, Justice Demarest. Moved by Justice Suter, seconded by Justice Demarest, it'Was RESOLVED: That Justice Su.ter and Justice Demarest, Town of:Southold, New York, be and they hereby are authorized to attend Justice Conference at St. Lawrence, New Yor~, July.18, 1971 to July 23, 1971, and be it further " ' - RESOLVED: That the necessary exp~nses incurred while abtending said conference be a legal charge against the Town of SOmthold. Vote of the Town Board: Ayes: Supervisor Martocchia, Codncilman Valentine, Justice Su~e~, Justice Demarest. Mr. William Scharp, SoUthold SChbol StUdent, spoke-on apr. oPOSi%ion for the in-vOlvemen.t of yoUths in'~he SOuthold Town goverlnmehtl Mr. Jawaza objected to Pine Crest Dunes being used as a camp by the ~ounty. He stated~that the park should be open to everyone. Helalso objected to the use of the sand pit on Sound View Avenue near Mr. Spurway, and protested against the Southold Fire Department's use of the pit for: practice. Adjournment at 5:00 P.M. Albert W. Richmond Town Clerk