HomeMy WebLinkAboutTB-01/23/1979SOUTHOLD TOWN BOARD
January 23, 1979
A regular meeting of the Southold Town Board was held on Tuesday,
January 23, 1979 at the Southold Town Hall, Main Road, Southold,
New York. Supervisor Martocchia opened the meeting at 3:00 P.M.
with the following present:
Supervisor Albert M. Martocchia
Justice Martin Suter
Councilman James Homan
Councilman Henry W. Drum
Councilman William R. Pell III
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Town Clerk Judith T. Terry
Absent: Justice Francis T. Doyen
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that the Southold Town Board minutes of January 9, 1979
1979 regular meeting be and hereby are approved as submiteed.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Hom~n, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3:00 P.M., Tuesday, February 6, 1979 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the annual reports of JUstice R~h, Town Trust, s,
Registrar, and December Dog Warden report be received and ordered
placed on file.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
Supervisor Martocchia:
1. The Board is in receipt of a resume from William Weinheimer
for the Board of Assessment Review. The Board has directed the Town
Clerk to write to Mrs. Mabel Lytle, a memner of the Board of Assessment
Review, who term expires 2/22/79 to determine whether she wishes to
continue in the position.
2. Receipt of a letter from the N.Y.S. Department of Environ-
mental Conservation transmitting an order establishing the boundaries
of tidal wetlands on amended tidal wetland maps. The Town Clerk
was directed to write to the DEC to request a set of amended maps.
3. Letter from Mrs. Margaret Dellanno notifying the Board
she was injured a:t the Town leased parking lot behind Riverhead Auto
Parts, Inc., Southold. The highway department, insurance agent, and
other~necessary parties have been notified by the Town Clerk.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that the S,outhold Town Board approves the bond amount of
$285,000 for the subdivision to be known as "Long Pond Estates,
Section I" for improvements as recommended by Lawrence M. Tuthill,
~w-n Engineer, and Southold Town P~annlng Board.
~6te of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Suter, Supervisor Martocchla. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilm~n Peil'~'~ was
RESOLVED that the Southold Town Board approves ths .bond. amQunt of
$115,000. for the subdivision to be known as "Horton Farm Estates"
for improvements as~.recommended by Lawrence M. Tuthill, Town Engineer,
and Southold Town Planning Board.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared dUly adopted.
Supervisor Martocchia:
4. Letter from the Southold Town Fi~e Chiefs Council requesting
t~ Town Board to adopt a Street ~mberi~g and Housing Numbering
system.---This matter will be discussed further at the next Board
meeting. The Council also requested that action be taken relative
to No Parking regulations within shopping centers where cars are
parked close to the front of the buildings and couId present
problems in case of fire or other emergencies.---This cannot be
enforced withou~ a formal request from t~e prgperty owners.
5. Letter from Caroline Schroeher'requesting a street light
for her area at 525 Greenhill Lane, Greenport.---This request has
been regerred to the Street Light Committee for evaluation and
recommendation.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that Bond No. 73 S-14817 BCA issued by the Aetna Casualty
and Surety Company in the name of Kenneth L. Edwards, Commissioner-
Secretary, Fishers Island Garbage and Refuse District in the amount
of $4,000.00 for the term January 1, 1979 through December 31, 1979
be and the same is hereby approved as to form, manner of execution,
and sufficiency of sureties therein.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Sute~, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that Bond No. 73 S-14300 BCA issued by the Aetna Casualty
and Surety Company in the name of Robert E. Wal~ Commissioner-
Treasurer, Fishers Island Garbage and RefuseDistrict in the amount
of $20,000.00 for the term January 1, 1979 through December 31, 1979
be and the same is hereby approved as to form, manner of execution,
and sufficiency of sureties therein.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was delcared duly adopted.
On motion of Justice Suter, s~econded by Councilman Drum, it was
RESOLVED that Bond No. 73 S-688 BCA issued by the Aetna Casualty
and Surety Company in the name of Raymond Doyen, Commissioner,
Fishers Island Garbage ~t:R_~.~s~Di~r~i~?i-n ~e amount of$1,000.00
for the term January 1, 1979 through December 31, 1979 be and the
same is hereby approved as to form, manner of execution, and
sufficiency of sureties therein.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Coucilman Drum, seconded by Justice Surer, it was
RESOLVED that Bond No. 73 S-8818 BCA issued by the Aetna Casualty
and Surety Company ~n the name of William Januick, Town Bay Constable,
in the amount of $4,000.00 for the term January 1, 1979 through
December 31, 1979 be and the same is hereby approved as to form,
manner of execution, and sufficiency of sureties therein.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that Bond No. 73 S-12374 BCA issued by the Aetna Casualty
and Surety Company in the name of Alfred R.. Grebe, Jr., Town Constable
Fishers Island in the amount of $4,000.00 for the term January 1, 1979
through December 31, 1979 be and the same is hereby approved as to
form, manner of execution, .and sufficiency of sureties therein.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On moti ~C'~u~cil~an Drum, seconded by Justice Suter, it was
RESOLVED that Bond No. 73 Sm1488Q BC~ i&sued b~ th~ Aetna C~su~lty
and Surety Company in the name of Lawrence R. Horn, Town Constable,
Fishers Island in the amount of $4,000.00 for the term January 1,
1979 through December 31, 1979 be and the same is hereb~ approved
as to form, manner of execution, and~sufficiency of sureties therein.
Vote of the Town Board: Ayes~ Councilman Pell, Councilman Drum,
Councilman Homart, Justice Surer, Supervisor Martocchia. Absent:~
Justice Doyen.
This resolution was declared duly adopted.
On motion Of Councilman Drum, seconded by Councilman Heman, it was
RESOLVED that in accOrdance with the provisions of Section 103 of
the General municipal Law the Town Clerk be and' she hereby~is
authorized to advertise for sealed bids to be received by her at
the Southold Town, Clerk's Office, Sou{hoid Town Hall, Main Road,
Southold, New York until 2~ P.M., February 22, 197~9 at which
time they will be publicly o.pened and read, for the furnishing
of six new 1979 Special Police Type model four-door sedans,
with a trade~in allowance fo~ five cars p~esently ®wned by the
TOwn of Southold~
~ote of the Town Board: Ayes; Councilman Pell, Councilman Drum,
Councilman Homan, Justice Su~er,Supervisor Martocchia. Absent:~
Justice Doyen.
This resolution was declared duly ad~pted.
On motion of Councilman Pell, seconded by Justice Surer, it was
RESOLVED that tke Supervisor be and he hereby is authorized to
request the New'York S'ta'te Retirement system to grant a one year
extension to Robert C. Reeves, Watchman, who will reach his 70th
year of age on April 23, 1979.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum~
Councilman Homan, Justice Surer, Supervisor Martocchia. ~bsent:
Justice Doyen.
This resolution was declared duly adopted.
Supervlsor Martocchia:
6. Receipt of information from Staff Industries, Guy A. Goethner,
representative, relative to plastic lining~seals for'
7. SuperVisor Martocchia advised that the 'agreement ~nd
license between the County of Suffolk and Town of Southold for
providing law enforcement at Cedar Beach County Park, Southold~
has been received.
On motion of Justice Suter, seconded b~ Councilman Drum, it was
RESOLVED that the application of Edmond ~okina dated January 11, 1979
for a trailer renewal permit on'property Of Aldrich Lane Realty,
on a right-of-way off the north 'side Main Road, Laurel, New York be
and hereby is granted for a period of six months.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homa~n~ Justice'Suter,~Supervisor Martocchia. Absent:
Justice Doyen ....
This resolution was declared duly adopted.
Supervisor Martocchia:
8. Notification from the Suffolk County Department of Labor
advising that two CETA employees under tbs eighteen month program
will be terminated shortly. One is Robert Wilkinson wh.o is working
at the Highway Department as a Heavy Equipment Operator and the other
is John P. Radnor who is w~rking at ths Police Department as a Radio
Operator.
9. Notice of Complete Application by Albert J. Moyse, from the
N.¥.S.D.E.C., for' permission to construct a timber groin, open timber
dock at Orient Harber~ 120 Rabbit Lane, E-asr Marion. Comments may
be submitted until February 7, 1979.
10. Notice of Complete Application by David J. & Delia Ricereto,
from the N.Y.S.D.E.C., for permission to construct a timber catwalk,
ramp, and floating dock at unamed lagoon off Peconic Bay, Nassau
Point, Cutchogue. Comments may be submitted until Janu-ary 31, 1979J
11. Notice of Determination of No Significance from the N.Y.S.
D.E.C. upon application of Salvatore C. Prate for permission.to
construct timber bulkhsad and backfill at Wiggins Lane, Fordham
Canal, Greenport. Comments may be submitted until February 7, 197~.
12. Notice of Determination of No Significance from the N.Y.S.
D.E.C. upon application of Anthon~ J. DeMaula for permission to
construct timber dock and attached upland causeway for moorin~ a
commercial fishing boat at west side Mattituck Creek off Nort~
Drive, Mattituck. Comments may be submitted until February 14, 1979.
213
the N.Y.S. D.E..C., for permission to construct timber dock and attached
upland causeway for mooring commercial fishing boat at west side
Mattituck Creek off North Drive, Mattituck. Comments may be submitted
until February 14, 1979.
14. Notice from the Department of the Army, Corps of Engineers
upon application of Goldsmith's Boat Shop, Inc. for maintenance
dredging at Town Creek, Southold. Comments due by February 12, 1979.
15. Notice from the 'Department of the Army; Corps of Engineers
upon application of Norman C. Boos for bulkhead and fill at Broad
Water Cove, Peconic Bay, Cutchogue. Comments due by February 9, 1979.
16. Notice from the Department of the Army, Corps of Engineers
upon application of Mitchell's Restaurant, Inc. for permission to
bulkhead and fill at Greenport Harbor, Greenport. Comments due by
February 12, 1979.
17. Notice from the Department of the Army, Corps of Engineers
upon application of Neal McCarroll for permission tO install ramp
and floating pier at East Creek, Cutchogue. Comments due by
February 6, 1979.
18. Notice from the Department of the Army, Corps of Engineers
upon application of David and Della Ricereto for permission to install
ramp and floating pier at Great Peconic Bay, Nassau Point, Cutchogue.
Comments due by February 6, 1979.
Mrs. Marie Johnson asked if the work has been done at Goldsmith's?---
Supervisor Martocchia stated that this is just maintenance dredgxng.
· ~kappl~ci%io~ states that part of the proposed work was completed
without prior Department of the Army authorization. The matter has
been reviewed and they decline'to initiate legal proceedings for the
performance of the unauthorized work.---Mrs. Johnson stated that the
League of Women Voters gets very upset when the former head of the
Town Trustees ignores the law.---Councilman Pell suggested that
perhaps some kind of ordinance could be passed with respect to
unauthorized work being done without a permit.---Town Attorney Tasker
stated that the Corps of Eng!neers will review the work that has
been done and will not proceed against the property owner if they
determine a permit should be granted. If they would not have
approved the application they will ask that the property owner
restore the property to its original condition.
On motion of Councilman Pell, seconded by Councilman Drum,
WHEREAS the Burton Potter Post 185, American Legion; Greenport, Nwq
York has applied to the Town Clerk for a Bingo License, and
WHEREa~ the Town Board has examined the application, and after
investigation, duly made findings and determinations as required
by law,
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby
is authorized and directed to execute~on behalf of the Town Board of
the Town of Southold the findings and determinations as required by
law, and it is-furthsr
RESOLVED t~at ths. Town clerk be and shs hereby is directed to issue
a Bingo license to the Borton .Po~ter Post ~85, American Legion, Greenport
New' York.
Vote of th~ Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution %fas declared duly adopted.
Supervisor Martocchia:
19. ~tem 16 & 17 on th~ a~enda is a repeat of item 5 relative to
strett names and numbering.
20. The Board met in committee to discuss the Disposal Area.
Highway Superintendent Dean is having a.problem w~th equipment
which is %r~aring out. One piece of ~quipment costs in the area
$100,000. and another between $15,000. and $20,000. The committee
would like to see ~r. Dean ~squeeze a little more life out of the
existing equipment=--The Board is going to start moving very fast
toward the compactor set-up at the Disposal ARea.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the Supervisor be and hereby is authorized to
request a Civil Service list for Radio Operator for the ~outhold
Town Police Department.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution ~Tas declamed duly adopted.
On motion of Councilman Dru,m, seconded by Councilman Homan, it was
RESOLVED that the Supervisor be and he hereby is authorized~to
request a Civil Service list for Clerk-Typist for the Justice Court.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia, Absent:
JusticeDoyen.
This resolution- was declared duly adopted.
Supervisor Martocchia:
21. John Mulhall, a member ~f the Conservation Advisory
Council was reappointed at the last meeting, but has declined the.
position. Therefore there is a vacancy of Mr. Mulhall's posit~ion
and a vacancy for a seventh member.
22. The Board has been reviewing the specifications for the
Senior Citizen-Youth Center and they are approximately $40,000 short
in funds between the allocation and the lowest bids. Supervisor
Martocchia has explored many avenues and found through the HUD
program the~Village of Greenport ha-s_a credit line of $199,000
and the To.~wn's credit line is $135,000. He has approached the
Village Officials to determine whether they would consider shifting
$40,000. to the Town. It would not be a gift, the Town would make
the reimbursement to the Village in the future. This matter is
being negotiated at the present time.
On motion of Councilman Homart, seconded by Councilman Drum, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to sign an agreement with Holzmacher, McLendon and
Murrell, P.C. for engineering services for the preparation of a
Solid Waste Management Plan and Report for the Town of Southold at
a fee of $19,000.00, in accordance with the Scope of Work as set
down in the letter of Holzmacher,McLendon, and Murrell P.C. dated
March 23, 1978.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was delcared duly adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESQLVED that a recess be called at this time 3:40 P.M. for public
hearings as follows: 3:30 P.M. SEQRA Amendment, Local Law; 3:45 P.M.
Road Improvement District, Bayside Terrace; 4:00 P.M. Soil Removal
application by John Fellinger-Ihar; 4:15 P.M. HUD Small Cities
Funds. Meeting to reconvene following the public hearings.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
~ustice Doyen.
This resolution was declared duly adopted.
Meeting reconvened at 4:40 P.M.
Mr. Paul Stoutenburgh presented a revised information folder on
docks, filling, dredging, mooring, bulkheads, alteration of wetlands
as offered by the Town of Southold and prepared by th- North Fork
Environmental Council, Inc. This was discussed at a prior meeting.
~?~3~,~~> ~i:~ the Council and
replaced it with a map of Southold Town with the creeks of the Town
noted.---The Board will study the folder.
Mr. Charles Hickey asked if the Town is covered by insurance for
the water damage to the new addition.---Supervisor Martocchia stated
there is coverage by the Town, but the building has not been tur~ed
over to the Town as yet. They are investigating the cause, whether
it is architectural or a contractor error. A determination will be
made in the near future. Mr. Hickey asked if the Building Inspectors
were involved in this new building?---Superivsor Martocchia said they
do not get into it. The architect has his own inspectors.---Mr. Hickey
asked if there is any way something could be arranged with the Police
Department for checks on the building nights and weekends?~--Super-
visor Martocchia said this was discussed in the morning session and
will be considered.---Mrs. Gladys Csajko asked if they have any idea
what the estimated damage is?---Supervisor Mar%occhia said it is
being inspected today, and they do not have an answer yet.
Supervmsor Martocchia:
23. Item 23 on the agenda should be deleted relative to
a transfer of funds.
24. Receipt of a letter from Alfred J. Terp relatiVe.~td ~
drainage problem on Boisseau Avenue and Hobart Road. This matter
is being studied.
On motion of Councilman Drum, seconded by Councilman Pell, it was
RESOVLED that a recess be called at this time, 4:45 P.M., meeting
to reconvene following the public hearing at 7:30 P.M. on the
Southold Resins, Inc. application for a change of zone.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilamn Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
Meeting reconvened at 8:35 P.M.
Moved by Councilman Pell, seconded by Councilman Homan,
WHEREAS, a written petition dated November 15, 1978, 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 Summer Lane and Summit Road on a certain map entitled
"Map of Bayside Terrace situate at Bayview, Town of Southold, Suffolk
County, New York" filed in the Suffolk County Clerk's Office on March
11, 1953 as Map No. 2034.
WHEREAS, said petition was duly signed by owners of real estate
owning real estate to the extend of at least one-half of th- entire
frontage or bounds on both sides of such highways and also signed by
resident owners residing in or along such highways, and
WHEREAS, the said petition was duly acknowledged or proved
as to each signer in the same manner as required of a deed to be re-
corded, and
WHEREAS, at a meeting of said Town Board duly called and
held on December 26, 1978, an order was duly adopted by it and entered
in its minutes, reciting the filing of such petition, the improvement pro-
posed and the maximum amount proposed to be expended for the improve-
ments as'stated in such petition, to wit, the sum of $8,000.00, 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 Southodl Town Hall, Main Road, Southold, in said Town on the
23rd day of January, 1979, at 3:45 P.M., and
WHEREAS, the Said order, duly certified by the Town Clerk, was
duly published and posted as required by law, to wit, a duly certified
copy therof was published in the "Long Island Traveler-Mattituck
Watchman!!, the officat paper of this Town, On January 11, 1979, and
copies of such order posted conspicuously in five public places within
the district, on January 11, 1979, and
WHEREAS, a hearing was duly held by ths Town Board at the place
and on the date and time hereinbefore mentioned, and at such place and
time, the said Town Board did duly consider the said petition adn hear all
persons interested,
NOW, THEREFORE, after such hearing and upon the evidence
given thereat and pursuant to' the provisions of Section 200 of the
Town Law fo the State of New York, it is hereby
RESOLVED, that this Board does hereby determine that it is
in the public interest to make the improvements petitioned for, to wit:
The permanent pavement of the same and the construction of such curbs,
gutters, catch basins and drainage facilities as may be necessary; and
it i~ further
RESOLVED that Lawrence M. Tuthill, as engineer for this Town,
shall prepare definite plans and specifications and make a careful esti-
mate of the expenses for the performance of Hhe work; and it is further
RESOLVED that Roderick Van Tuyl P.C., Land Surveyor, who
is hereby employed for that purpose shall survey said highways and es-
tablish the lines and grades~thereof and such survey and a profile of the
grade shall be filed fh the Town Clerk's Office; and it is further
RESOLVED that upon the completion of the aforesaid plans,
specifications, estimate of expenses, survey and profile of the grades
that 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.
Vote of the Town Board: Ayes: Councilman Pel~l, Councilman Drum,
Councilman Homan, Justice Suter~ .Supervisor~Martocchia. Absent:
Justice Doyen.
This res6~.ution was declared duly adopted.
Moved by Councilman Drum, seconded by Justice Suter,
WHEREAS application has been duly made to the Town SUperintendent
of Highways of the Town of Southold, Suffolk County, New York, for
the laying out'of certain town highways, to extend f~rom North Bay
Vi~ Road through th~ l~.nd~ Qf-the property ownerslal'ong Summer
Lane and Summit Road on a certain map entitled "Map of Bayside
Terrace situate at Bayview, Town of Southold, Suffolk County, New
York" filed in the Suffolk County Clerk's Office on March 11, 1953
as Map No. 2034,
NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 171
of the Highway Law of the State of New York, consent be and the same
is given to the Superintendent of Highways to make an order laying
out the aforesaid highways, to consist of alnds described in said
application as shown on certain maps attached to said application, and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to forthwith cause the dedication, release
and deed to be recorded in the office of the Clerk of the County of
Suffolk, New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, SUpervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
Moved by Councilman Homan, seconded by Councilman Pell,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD,
NEW YORK, ADOPTED JANUARY 23, 1979.
APPROPRIATING $8,000.00 FOR THE IMPROVEMENT
OF TOWN ROADS, IN SAID TO~N~ STATING THE
EST.IMATED _.MAXIMUM COST THEREOF, $8,000.00
AN~ AU. THORiE~N~TH~ ~SS~C~o~F$8,000.00 SERIAL
BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION.
Recitals
WHEREAS, the following receipt of a petition in due form, a public
hearing duly called and held for the improvement of the existing high-
ways known as Summer Lane and Summit Road (herein called "Improve-
ment"and "Streets" respectively), in the ToWn of Southold (herein
called "Town"), in the County of Suffolk, New York, by the permanent
pavement of the same and the construction of such curbs, gutters,
catch basins and drainage facilities as may be necessary, at an esti- ~
mated maximum cost of $8,000.00, the Town Board of the Town deter-
mined pursuant to r~solution duly adoPted January 23, 1979, that the
notice of such hearing was published and posted as required by l~w and
is otherwise sufficient and that it is in the public interest to make the
Improvement pursuant to the definite plans, specifications and estimate
of cost to be prepared by the Town Engineer;
now therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD
IN THE COUNTY OF SUFFOLK, NEW YORK (.by the favorable vote of
now less than two-thirds of all the members of said Board), AS FOLLOWS:
Section 1. Th~ Town hereby appropriates the amount of $8,000.00
for the permanent pavement of Summer 'Lane and Summit Road and the
construction of such curbs, gutters, catch basins, and drainage facilities
as may be necessary, on and along the Town Highways in the Town, all in
accordance With the map, plan and specificiations and estimate of cost
prepared by the Town Engineer, hereinablve referred to in the Recitals
hereof, and hereby approved. The estimated maximum cost of said
~specific object or purpose,' including preliminary costs and costs inci-
dental thereto and the financing thereof, is $8,000.00 and the plan of
financing includes the issuance of serial bonds of the Town in the prin-
cipal amount of $8,000.00 and ~he assessment, levy and collection of
asse~sm~mts from the several lots and parcels of land which th~ Town
Board shall deem especially benefited thereby to pay the.principal of
said bonds and the interest thereon so~uch upon and from each as shall __
be in just proportion to the amount of benefit which the Improvement 'shall!
confer upon the same. } !i
Section 2. To finance such appr0priation, serial bonds of the Town t~
are herby authorized to be issued in the principal amount of $8,000.00
pursuant to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated LaWs of the State of New York (herein called
"Law").
Section 3. The period of probable usefullness of the specific ob-
ject or purpose for which the bonds authorized pursuant to this resolution
are to be issued, within the limitations of Section ll.00a 20. of the Law,
is five (5) years.
(A) Current funds are not required to be provided prior to the
issuance of the bonds authorized pursuant to this resolution, or any bond-
anticipation notes issued in anticipation thereof, pursuant to the
provisions of Section 107.00 of the Law.
JAN 2 3 1979
(~) The proposed m~turity of ~he bonds~u~horized pursuant to
this resolution Will not exceed five (.5) year~.~
Section 4. Each of the. bo~d~au~homize~ pursuant to this resolution,
and any notes issued in anticipation thereof, shall contain the recital o'f
validity prescribed by Sec. 52.00 of the Law and said bonds and any notes
issued in anticipation of said bonds shall be general obligations of the
Town, payable as to both principal interest by general tax upon all
the tax-ble real property within the Town without limitation of rate or
amount. The f-ith 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 annually in the budget of the Town by appropri~
ation 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 resoution and pur-
suant to the provisions of Se. 30.00 relative to the authorization of the
issuance of bond anticipation no~es and of Sec. 50 and Se. 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 the 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, the chief fiscal officer of the
Town.
Section 6. The validity of the bonds authorized pursuant to this
resolution may be contested only if:
(a) Such oblig&tions 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 resoltuion, are not substantially com-
plied with, and an action, suit or proceeding
contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) Such obligations are authorized in violation
Of the provisions of the constitution.
Section 7. This resolution shall take effect immediately.
Vote of the Town Board:-Ayes: Councilman Petl, Councilman Drum,
Councilamn Homan, Justice .Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councioman Homan, seconded by Councilman Fell, it was
RESOLVED as follows:
Section 1. The Town Clerk of the Town of Southold~ in the
County of Suffolk, New York, is hereby directed to publish the foregoing
bond resolution in full, in the "SUFFOLK TIMES" a newspaper published
· n the Town of Southold, New York, and having a general circulation in
the Town, which newspaper is hereby designated as the official news-
peper of the Town for such publication, together with the Town Clerk's
Staturory Notice in substantially the form as prescribed by Section
81.00 of the Local Finance Law of the State of New York.
Section 2. This reolution shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent;
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Councilman Homan, it was
RESOLVED that t regular meeting of the Southold Town Board will. be
held at 3:30 P.M., January 30, 1979 at the Southold Town Hall, Main
Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Fell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent;
Justice Doyen
This resolution was declared duly adopted..
On motion of Councilman Pell', seconded by Councilman Drum, it was
RESOLVED that 5here being no further business to come befoer this
Town Board meeting adjournment be called at 9:10 P.M.
Vote of the Town Board: Ayes: Councilman Fell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
Town Clerk