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HomeMy WebLinkAboutTB-01/11/1977SOUTHOLD TOWN BOARD January 11, 1977 A regular meeting of the Southold Town Board.was-held on Tuesday, January 11, 1977 at the of£ice of the Supervisor, 16 South Street, Greenport, New York. Supervisor Martocchia opened th~..meeting at 3:00 P.M. with the following present: ~'~ Supervisor Albert M. Martocchia Councilman James H. Rich, Jr. Councilman James Homan Justice Martin Surer Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk Judith T. Terry Absent: Justice Louis M. Demarest Justice Francis T. Doyen On motion o£ Justice Suter, seconded by Cotmci]man Homan, it was RF~0LVED that Southold Town B~rd minutes of.January 4, 1977 be and hereby are approved as submitted. Vote of the Town~Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Surer, · his resolution was declared duly adopted~. 0~ motion of Councilm~Homan, seconded by Councilman Rich, it was RESOLVED that the next regular meeting of the Southold Town Board 'will be held at 3:00 P.M., Tuesday, January 25, 1977 at the o££ice o£ the Supervisor, 16 South Street, Greenport, New York. Vote o£ the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer On motion off Councilms~ Homart, seconded by Juttice Surer, it was RESOLVED Ghat the report for the month o£ December 1976 by the Southold Town Trusvees (receipts of $243.20), and the December 1976 and report for the year 1976 from Justice.Surer be and hereby are accepted and ordered placed on~£ile. Vote o£ the Town Board: Ayes: SuPervisor Martocchia, Councilman Rich, Councilman Homan, JustiCe Surer. This resolution wasdeclared.duly adopted. On motion o£ ~m~)2~ce Surer, seconded by Councilman Rich, it was RESOLVED tha~i~a following audited bills be and hereby are ppr0ved for~yment: General Fund bills in the-ameunt of 43,592.40; ~ighway Department bills in the amount of Fishers Island FerrM District bills in the amount of $24,115.96; Federal Revenue Sharing bills in the amount of $35.43; and Street Lighting Installation bills in the amount of $221.63. V~te of the Town Board: Ayes: Supervisor Martocahis, Councilman Rich, Councilman Homan, Justice Suter. This resolution was declared duly adopted. Supervisor Martocchia reported: 1. Requests from several developers-£or their bonds to be released, however on these bonds, none are released ~ntii every- thing is acceptable to the Town of Southold. At this.pointthe final letters have not been receiVed from the Highway Superintendent or Highway Committee Justice Surer mhd Justice Demarest. 2. Microfilming of the town reeords at the to~a hall is at a stmnd-still because the fo~er employee doing the microfilming did not~ have civil service status. At that point the board decided to discontinue m~y further microfilming until the move into the new toga hall, the~ the entire, project would be evaluated. At that time we applied for a refund of the money paid for this service which was in escrow, in the mmo~nt of $9,000.00 and received ~8;000.00 ef it. There is a consultant firm that has advised us has been received from one firm. After a discussion of the Board today, it was felt the board shmuld still wait for the move to the new building. 3. Guite a bit of time has been spent on reviving the Southold Town Conservation Advisory Council; .Some of the present t~mms, ha~e run out, and the board is now ready tomake some appointments today. There will be two others, one in May .and one in June of this year. On motion of Councilman Rich, seconded .by Councilman Homan, it ~as RESOLVED that John F. Mulhall, Southold, New York be and he hereby is appointed a member of the Southold Town Conservation Advisory Committee effective January !1, 1977, for a two year term, to expire January 11, 1979. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer. This resolution was declared duly adopted. On mot~n Of Justice Surer, seconded, by Councilman Homan, it was RESOLV~that William Ruland Jr., Mattituck, New York'be and he hereby is appointed a member of the Southold Town Conservation Advisory Committee effective January ll, 1977~ for a two year term, to expire January ll, 1979. Vote of the Town Board: Ayes: Supervisor Martocchia~ Councilman Rich, Councilman Homan, Justice Surer. This resolution was declared duly adopted. On motion of Councilman Homart, seconded by Councilman Rich, it was RESOLVED that Frank Cichanowicz, Jr., Cutchogue,.New York be-and he hereby is appointed a member of the Southold Town ConservatiOn Advisory Committee effective January ll, 1977, for a two year term, to expire January ll, 1979. Vote of the Town Board: Ayes: Supervisor Mart0cchia, Councilman Rich, Councilman Homan, Justice Suter. ' ....... This resolution was declared' duly adopted. Supervisor Martocchia: 3a. Mr. Mulhall replaces Charles Meyer, Southold, whose term expireCh June !, 1975. Mr. Rt~land replaces Terry Harnan.whose term expired February l, 1976. Mr. Cichanowicz replac'eS'himself .~ho~e term expired December 31, 1975. The term of John P1OCk Sr. expires May 6, t977, the'term of Frank Kujawski Jr. expires June 1, 1.977, and the term-of Etlen'DeMaria expires June 1, 1977. 4. On Saturday, January 8, 1977 a public hearing was held on Fishers Island relative to the purchase of a new ferryboat. -The Town Board members met. jointly with the commissioners of the Fishers Island Ferry District for this hearing. There were approximately 100 peop_le at the hearing. It was the 'consensus of the-majority of the people there that they should purchase the new ferryboat. It was the opinion of some that one ferryboat should depart from New London and one from Fishers Island, whereas now the departs from the New London side. The commissioners agreed to take this under consideration. Another item was raised as to a reRRmign of the proposed boat so it could accomodate a cement mixe. r, tractor-trailer, etc. The Olinda, which is presently being Used and will continue to be' used can accomodate such heavy equip- ment. Supervisor Martocchia suggested that they should develop two sets of~figures for the boats departing from each side S-oI the PeOple of the District may make thei~ own choice 'based 'on 'the cost. The Board _must_. now adopt a bonding resolution and a resolution to increase the, improvement of facilities of' the Fishers IsI.and Ferry Di stri ct. - Cnuncilman Homan offered the following resolution and .moved .its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTE~ JANUARY ~1, 1977, APPROPRIATING $730,000 FOR THE INCREASE AND IMPROV~ENT OF FACILITIES OF FISH~RS ISLAND FERRY DISTRICT, IN THE TOWN, BY THE PURCHASE OF A NEW FERRY BOAT, AUTHORIZING THE APPLICATION OF THE ESTIMATED $141,000 TRADE-IN VALb~E OF THE FERRY NOW OWNED BY THE TOWN' TOWARDS TH~. COST. THEREOF,'AND AUTHORIZING~ THE iSSUANCE OF $589,000 SERIAL BONDS OF THE TOWN TO' FINANCE THE BALANCE OF SAID APPROPRIATION. Recital WHEREAS; the Board of Commissioners (herein called "Board") of Fishers Island Ferry District, in the Town of Southold, Suffolk County, New York (herein called "District" and "Town", respectively), has recommended that the facilities of the District be increased and improved by the acquisition of an additional ferry boat at an estimated maximum cost o'f $730,000, to' replace the ferry boat ."Mystic ~Isle", presently operated by the District and to .apply' the 9141,000 expected to be received as trade-in on the "Mystic Isle", to the purchase price of said new ferry boat, bringing the actual total purchase price to $589,000, said new ferry boat to be-used on the authorized routes of the District, and after a public hearing duly called and held, the Town Board of the Town determined that it ±s-in the public interest to increase and improve the facilities of the District, and ordered that such facilities be increased and improved; now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTNOLD,-IN-THE COUNTY OE SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $730,000 for the increase and improvement of facilities of the District by the purchase of a new ferry boat to replace the ferry boat presently owned by the District. The estimated maximum'cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $730,000, including the amount of $141,000 being the estimated trade:in value of the ferry boat now owned by the Town hereby authorizedto be applied towards the payment of said cost, and the plan of financing includes the issuance of $589,000 serial bonds of the Town, the levy and collection of a itax on all the taxable real property within the District to pay the principal of and interest thereon as the same shall become due and payable. The tax hereinabove referred to shall be raised upon all the taxable real property of the District, at the same time, in the ~qs manner and by the same. officers as other Town charges. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $589,000,. 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"), to finance the balance of said'appropriation. Section 3. The following additional matters are hereby determined and stated: (~) The period, of probable usefulness of the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of ~11.00 a.26 of the LaW, is Twen~--(20)-- Fears. (b) Current funds are not required by the Law to be provided prior to the issuance'of the bonds authorized by th~ resolution or any bond anticipation notes in anticipation of the sale of such bonds, pursuant to the provisions of $107.00 d. 3 (i) of the Law. (c) The proposed maturity of the bonds authorized by this resolution may exceed five (5) years. Section-4.~ Each~of the bonds~ authorized by this resolution and any notes in anticipation thereof shall contain the recital of validity prescribed by S52.00 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 and ~n~erest by general tax upon all the taxable real property, within the Town without limi'tation as to 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 pro. vision shall be made,in the budgets 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. SUbject-to the provisions of this resolution and of the Law, pursuant to the provisions of $30.O0'relative to the authorization of the issuance of bond anticipation notes, or the renewals of said Notes and of~SS0.O0 and $$56~00-to 60.00 of the Law, the powers and duties of the Town'Board'relative to authorizing bond anticipation note's and prescribing the terms, fo'rm and contents and as t~o t~e~sale 'and i-ssuan'ce of t~e b0~dshere~n aUthorized and o~i'any~bond anticipation notes issued in anticipation of said bonds, and t~e're~ewals of s~id notes, are hereby delegated to the Super- visor, th'e chief £iscal o££icer of the Town. Section 6. The validity of the bonds authorized by this resotutko~ and:of any 'bond~.anticipation notes issue~ in anticipation of bo~ds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money-, or (b.)~ the provisions of law whichshould' be complied with at the date of the.publiCation of~s~ch resolution, are not substantially co~plied~ with, ~JR~ I B?? 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 be subject to a permissive referendum;~ The adoption of the foregoing resolution was seconded by Justice Surer and duly put to a Vote on roll call, which resulted as follows: ~¥ES: Supervisor Martocchia, Councilman Homan, Councilman Rich, Justice Surer. NOES:~ None The resolution was declared unanimously adopted. %%% Councilman Homart offered the following resolution and moved its adoption: RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK,~ AS FOLLOWS: Section 1. The Town Clerk shall, within ten (lC) days after the adoption of the bond resolution referred to in the formof Notice hereinafter set forth in Section I hereof, cause tO be published at least once in the "Long Island Traveler-Mattituck Watchman," a newspaper published in Southold, New York, having a general~circulation within said Town, and hereby designated as the official newspaper of said Town, and to be posted on the ~sign board of the Town maintained to subdivision 6 of Section 30 of the TownLa~, a Notice in substantially the following form: TOWN OF SOUTHOLD~ NEW YORK PLEASE TAKE NOTICE that on January ll, 1977, the Town Board .of the Town of Southold, Suffolk County, New York adopted the bond resolution entitled: "Bond Resolution'of the Town of Southold, New York, adopted January il, 1977, appropriating $730,000 for the increase and improvement of facilities of Fishers Island Ferry District, in the Town, ~by the purchase of a new ferry boat, authorizing the application of the estimated $141,000 trade-in value of the ferry now owned by the Tov~n towards the cost thereof, and authorizing the issuance of $589,000 serial bonds of the'Tow~ to £inance'the balance of said appropriation," an abstract of which resolution, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING that the Board of Commissioners ("BOard") of Fishers Island Ferry District, in the Town of Southold, ("District" and "Town", respectively), New York, has recommended that the facilities of the District be increased and improved by the acquisitAon o£~an additional ferryboat at an estimated maximum cost of $730,000, to repIace the ferry boat "Mystic Isls", presently operated by the District aud to apply the $141~,000 expected to be received as trade-in on the "Mystic Isle", to the purchase price of said new ferry- boat, bringing the actual total purchase price to $589,000, said new ferry boat to be used on the authorized routes of the District, and after a ~ublic hearing duly called and held, the Town Board of the Town determined that it is in the public interest' to increase and improve the facilities of the District,and ordered that such facilities be increased and improved; SECOND: kPPROPRIATING $730,000 for the increase and improvement of facilities of the District by the purchase of a new ferry to replace the ferry boat presently owned by the District; STATING~ the estimated maximum cost thereof, i~ $Y30~000, including the amount of $141,000 being the estimated trade-in value of the ferry boat now owned by the Town and AUTHORIZED to be applied towards the payment of said cost, and the plan of financing includes the issuance of $589,000 serial bonds of the-Town, and the levy and collection of a tax on all. the taxable real property'~withinthe District to pay the principal of and interest thereon as the same shall become, due. and payable. The tax hereinabove rsferred to-shall be raised. UPon all the taxable real property of the District, a~ the same time, in the same manner and by the same officers as other Town charges;. THIRD: AUTHORIZING $589,000 serial bonds of the Town to be issued pursuant to the provisions of the Local Finance Law ("Law"), to finance the balance of said appropriation; FOURTH: DETERMINING AND~STATING that the period of probable usefulness for the specific object or purpose is twenty (20) years; that current funds are not required by the Law to be provided prior to the issuance of the bonds.authorized by this resolution or any bond~anticipation notes in antibipation of the sale of such bonds; that the DrQposeQ~aturity of the bonds authorized by this resolution 1'59 FIFTH: DETERMINING that said. bonds and any no~es issued in' auticipation thereo£ shall be. Eeneral obligations of theTown and PLEDGING to their payment!t~e faith and credit of the Town; SIXTH:' D~.EGATING to the Supervisor the powers and duties as to the. issuance of said ~bonds and any notes in anticipation thereof, or the renewals thereof; SEVENTH: PROVIDING that the resolution is subject to permissive referendum. DATED: JANUARY ll, 1977 JUDITH T. TERRY, TOWN CLERK SectiOn 3. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in the newspaper hereinabove referred to in Section 1 hereof, and hereby designated the official newspaper for .the Town for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law; constituting Chapter 33-a of the Consolidated Laws of the State of'NewYork. Section 4. This resolution shall take effect immediately. The adOptiOn of the foregoing resolution was seconded by Justice Surer and duly put to a ~ote on roll aall, which resulted as follows~ AYES: S~pervisor Martocchia, CoVUacilman-Homan, Councilman Rich, Justice Surer NOES: None The resolution was declared unanimously adopted. %%%% Moved by Councilman Homan, seconded by .Councilman Rich, WHEREAS, the Board of Commissioners (herein~aaltad "Board") of Fishers Island Ferry District, in the Town of Southold, Suffolk County, New York (herein called "Distric~'and "Town", respectively), has recommended that the facilities of the District be increased and improved by the acqnisition of an additional ferry boat at an estimated maximum cost of.$730,000, tO replace the ferry boat "Mystic Isle", presently operated by the District and to apply the $141,000 expected to be received as trade-in on t~e~"Mystic Isle,,, to the purchase price of said new ferry boat, bringing the actual total purchase price to $589,000, said new ferry boat to bemused on the authorized routes of the District, and has caused ~reliminary plans and'specifications for the construction thereof to be prepared by Blount Marine Corporation, Warren, Rhode Island, shipbuilders, and licensed naval architects; WHEREAS, the Board thereafter adopted an Order describing in general terms ~he proposed increase and improvement of the facilities,~sDecifying the estimated cost thereof, and stating that the Board would meet to hear all persons interested in said ingrease,and improvement of facilities on January 8, 1977, at l:~O o"clock P.M.(E.S.T.), at the Fishers Island Firehouse, Fishers Island, New York, in the Town; and WHEREAS, copies of such Order, certified by the Town Clerk, were duly published and POSted pursuant to the provisions Of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on the 8th day of January, 1977, at !:00 o'clock P.M.(EjS.T.), at~ the_ Fishers. Is!andlFirehouse, Fishers Island, New York, in the Town, and considerable ~discussion on the matting having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of the facilities; now, therefore, on the basis of the information 'given at such hearing, it is hereby DETERMINED, that it.ds in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of $730,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the architects heretofore retained by the.~oard shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of the ~acilities a~dwith the assistance of Robert'W. Tasker, ES~., prepare a proposed contract Tot the execution of the work, which plans~ specifications, estimate'and proposed contract shall be presented to the Board as soon as possible, and it is hereby FURTHHR ORDERED, that the expense of said increase and improve- ment of facilities Shall be financed by the issuance of serial bonds o~the Town, the levy and collection of a tax on all the · taxable real property within the District to pay the principal of and' interest thereon as the same shall become due and payable and the ~applicati0n of $141,000 expected to be received as the trade- in on the ferry boat "Mystic Isle", now owned by the District. The tax hereinabove referred to ~haI1 be 'raised.upon all the taxable real pro~'ertM of. the District, at the same time, in the same manner and by the same officers as other To,aa charges;-and, it is hereby FURTHER ORDERED, that the Town Clerk record a certifiied'copy of this Resolution and Order After.Public Hearing~in thg office of the Clerk-of'Suffolk County within ten (10) days after adoption thereof. Vote of the Town. Board: Ayes: SuPervisor Martocchia,. CoUncilman Rich,~Councilman Homart, Justice Surer. This resolution was declared duly adopted 'M0~med by Counoilman~.H~man,. se$ond~d, bM. iCsunQilm~n Rich, WHEREAS,, Suffolk CountyResolution #731-19Y6 proposes that the Suffolk County.,Legislature ~ha~l ~nform the. Federal Government of its intent to form an independent suffolk-Nassau Regional Group and WHEREAS, th'e Town Board of the Town of Southold is in ComPlete agreement'that this prdposition is in the'best interest of Suffolk County'ahd the Tbwn of Sou~h01d fsr the following reasons $ontained in the Suffolk County Resolution, and WHEREAS Suffolk County as-a member of.~he~Tri~state Planning R'egion, and WHEREAS Suffolk County as a member of the Tri-Stat~ Region is lost in such a large conglomerate, and WHEREAS the planning problems of Suffolk County are inherently different from a metropolitan region, and ' WHEREAS 'funding '£0~ planning and implementation of plans aralost to a massive metropolitan area, and WHEREAS Long Island would win millions df d611'ar~ more in additional Federal A~d] ~as~ an'independent~p!an~ing area, ~fHEREAS it would be in the best interest for the~pe~ple Of Suffolk to join Nassau to fo~m a~'~indep~nden~ Suffolk-Nassau regiDnal~ planning group, and WHEREAS Suffolk-Nassau as an. independent planning area would have better control over how thetwo counties, with problems no~..shared by the mainland areas, will develop, NOW, THEREFORE, BE IT RESOLVED'that the Suffolk County Legislature in~0rm the Federal Regional council that Suffolk County desires to form an independent Suffo!k~Nassau Regional Planning Group,.and BE IT FURTHER RESOLVED; that the ~Federh~ Office of Management and Budget declare Suffolk and Nassau a separate region for purposes of processing Federal Aid appl±cations, and . BE IT.FURTHER RESOLVED that copies of this. resolution be submitted .to Governor Carey and to all Congressional delegations in Nassau an.d Suffolk.~and all-New York Legislators in Nassau an~ Suffolk, all Town. Supervisors in Nassau and Suffolk, the-Nassau and Suffolk County Executives and the Nassau and Suffolk Boards ofSuperv~sors. Vote of the Town Board: 'Ayes: Supervisor Martocchia, Councilman Rich, .Councilman Homan, Justice Surer. This resolution was declared duly adopted. SUPervisor Martocchia: 5. _The Supervisor advised that the. foregoing resolution was adopted after re6ommendati~n of the Southold Town~PIanning Board and in a .joint effort with the Towns of BrookhaVen, Babylon, Smi.thtown, Zslip and East Hampton. 6. Some weeks ago the Town joined2~iththe~Village of Greenport for a waste water study and the firm o£'Holzmacher, McLendon a~dMurrell was retained for an application 'for grant for ~$98,1000.00, out of which $73,000.00 would be the grant and .the balance woul6 ~be absorbed between the Town of Southold and the Village of Greenport. The application for the grant has been received. 7. Receipt of:a letter from:Southold Town Businessmen~s' Association, Inc. stating Mr. Corwin Grathwohl will be repr'esenting that-organization ~atall future?meetings. 8. Receipt of a cluster concept subdivision from John Fellinger-Ihar and.01ivia~Fe!linger, Ihar. This proposed cluster should have. been pr. esented to the Planning Board prior ~to being presented to the Town Board. .The. m'ap is being returned to the Planning Board. 9. Receipt of aletter from Frank Cartin, Mattituck, ~Uggesting the present ?~Low Clearance" sign at the overpass in Laurel~be moved further west o£his.'~driveway so ~rucks will have ample time to. stop and would be able to utilize the secondary road by the town park. This request has been referred to Chief Cataldo for study. 10. Request from one of the little league teams in Southol~ Town for £~ds. ~This matter will be considered at the proper time as there are several temas and the'money must be appropriated correctly. This letter is from the Southold Little Leagae Association, Henry F. Santacroce, President. !1o Receipt of a petition containing 46 signatures requesting funding for-theSitzmark Ski Club under the guidance o£ Mr. & Mrs. Oscar Bush of GreenpOrt. O~ mOtion of Councilman Rich, seconded by Justice Surer, it was RESOLVED that the Sitzmark Ski Club be granted funding in the amount of $5.00 per person, not to exceed $200.00 total, toward aplanned ski trip, provided this trip-is made available to anyone in-Southold Town who wishes to go, and further provided adequate insurance be secured to hold the Town of Southold harmless. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justioe Surer. This resolution was declared duly adopted. (Before a vote was taken on the above resolution, Councilman Homan asked if there was anyone present representing the club?---Mrs. Patricia Sepnoski and Mrs. Grigonis stated they are members of the parent,s group.---Councilman Homan a~ked what area of the' town the group represents?---Mrs. Sepnoski stated it is her understanding that the group is organized and formed in Greenport under .~Wlr. & Mrs. Oscar Bush and the Greenporters sign up first, and the remaining available space is opened to everyone else.---Councilman Homan aSked if the club is open to everyone in Southold Town?-~-Mrs. Sepnoski stated she believes so.---Mr. Homart asked how many members there are in this club?~--Mrs. S~Pnnski stated she knows there is a Southolder going on the trip.---Mr. Homan asked the cost per individual?---Mrs. Grigonis stated it is $67.00 not including the lift tickets.q-Justice Surer asked if the Club is-incorporated?---Mrs. Grigonis did not think so.---Justice Surer asked if there is insurance?---Mrs. Sepnoski and Mrs. Grigonis were certain there was.) " On motion of Councilman Rich, seconded by Councilman Homart, it was RESOLVED that a recess be taken for l0 to 20 minutes for the purpose of holding a public hearing upon the application of Leo Kwasneski for a wetland permit. Hearing scheduled for 3:30 P~M. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Homan, Councilman Rich, Justice Surer. This resolution was declared duly adopted. (Meeting reconvened at 4:10 P.M.) Moved by Councilman Rich, seconded by Councilman Homan, WHEREAS Henry J. Smith applied to the Southold Town Board for a permit under the provisions of the WetlandOrdinance of the Town of Southold, application dated October 5, 1976, and WHEREAS the said application was referred to the Southold Town Trustees and the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS~a public hearing was held by the Town Board with respect to said application on the 21st day of December 1976, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Henry J. Smith, Robinson ROad, Peconic, New York, be granted permission under the provisions ~f the Wetland Ordi~auce of the Town of Southold for the installation of a drainage ring and attached outlet pipe to run into the south- west branch of Corey Creek, Southold, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Coundilman Homan, Justice Surer. This resolution was declared duly adopted. On motion~ of Councilman Homan, seconded by Justice Surer, 'it was RESOLVED that SUpervisor~Albert M. Martocchia be and he hereby is authorizedto readvertise for bids for a'contract for the preparation of the tax rolls and tax bills for the Town of Southold. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman RiCh, Councilman Homart, Justice Surer. This resolution was declared duly adOpted. Moved byJustice Suter, seconded by Councilman Rich, WHEREAS, the Town Board of the Town of Southold on the 1st day' of October, 1976, duly adopted a local law entitled "Law Local Law to Permit Games of Chance in the Town of Southold", after a public hearing duly held and WHEREAS, Article 9-A of the General Municipal Law provides that such Looal Law shall not become effective until it. shall have been approved by a majority of the qualified electors of the TOwn voting on a proposition therefor submitted at a general or special election held within said Town,~ NOW, THEREFORE,.BE IT RESOLVED that a special election be held in said Town on the 2nd day'of February, 1977, With the poles tO be open between the hours of 12 Noon and 8 o'clock P.M.E.S.T.; that the voting place at which the qualified voters of Election District No. 1 in said Town shall vote shall be the Fishers Island Firehouse, Fishers Island, New York, and.the votingplace at whichthe qualified voters of all other election districts in said town shall.vote~shall be the Eouthold Fire HoUse, Main Road, Southold, SuffolkCounty, New York; that such election shall be for the purpose of.~voting upon the following proposition, to wit: ' PROPOSITION Shall Games of Chance be permitted within the territorial limits of the Town of South01d, in accordance with the provisions of Article 1, Section % of the Constitution of ~ the State of New York as amended; the provisions of Article 9-A of the General Municipal Law; the Rules and Regulations of the New York Racing and Wagering Board; and in accordance With the provisions of a Local Law enacted by the Town Board entitled "A Local Law in relation to permitting games of chance in the Town of Southold". BE' IT FURTHER RESOLVED that the Town Clerk cause notice of said soecial election, specifying the time when and the place where such e~ection will be held, the hours during which the polls will remain open and setting forth in .full the proposition to be voted upon to be published in the official newspaper of said Town and that-the Town-Clerk cause copies of suchnoticeto be po~ted in five conspicuous places in said Town at least 10 days prior to such election, said publication and posting tocomply in all respects with the applicable provisions of Law. IT IS FURTHER RESOLVED that voting be by paper ballot. The question of the adoption of the foregoing resolution was duly PUt ~o a vote on roll call, which resulted as follows: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer. Noes: None. This resolution was declared duly adopted. Mrs. Gladys Csajko inquired as to whether another hearing would have to be held on the proposed Local Law?---Supervisor Martocchia stated the hearing was held; the only error was that 60 days did not elapse between the hearing on the Local Law and the referendum vote which was hsld at the general election on November 2nd, 1976. (Mr. Pell made the same inquiry.) Supervisor Mart0cchia: 12. Item 20 on the agenda pertains to the third year cooperative agreement between the County of Suffolk and Town of Southold .for the purpose ofhaving a recreation center in Peconic for the rsenior citizens and youth of the community. The agreement to be-signed at this time is for the third year funding. The first year funding which has been received was in the amount of $23,760.00,~and the property in Peconic was purchased for that price. The secQnd funding was in the amount of $52,000.00 which should be received ih late January or early February. The third funding should be about three times the first year allotment or a total of. about $70,000.00. The total of the fhree years is about $140,000.00. Moved by Councilman Homan, seconded by Councilman Rich, , WHEREAS, under Title I of the Housing and Community Developmen~ Act of 1974, the Secretary of Housing and Urban Development is authorized to make grants to States and units of general local government to help finance.Community Development Programs; and WHEREAS, there is sufficient Statutory authority under the laws of New York State for the units of general local government, namely, the County of Suffolk, its towns and villages, to undertake by'means of cooperative agreements, every form of community development urban renewal and housing assistance referred to in the Act as "Eligible Activities;" and WHEREAS~ it is desirable and in the public interest.that the County ~f Suffolk make application for Community Development' Block Grant funds as an Urban County: 1. Since the municipality may be more certain of receiving benefits from the Act through the County that it could by applying as an -individual community in competition with others; and 2. Since the municipality would be spared the expense of. application preparation and man- agement of the-program; and 3. The County may~have certain planning and other professional skills required of the program with the municipality maynot in- trinsically possess; and WHEREAS, it is ~recognized that participation by the County of Suffolk, as an Urban County, in'~the~Community Development Program requires the cooperation of the municipalities, being~the towns and villages within the County,. to undertake essential community development and housing assistance activities including urban renewal and publicly assisted housing; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. That this body will cooperate with the County of Suffolk in undertaking the essential Commu- nity Development and Housing Assistance activi- ties during the third year of Federal funding of the program and continuing in effect there- after unless terminated in writing by the municipality upon ninety (90) days' advance notice; 2. That this body and the County of Suffolk agree to work together in a timely manner in the plan- ning, preparation of application, and earrying out or,activities that may result from such applications; 3. That the governing body is fully cognizant of the obligations and responsibilities that are imposed by this cooperation agreement, and that it is the sense of this body that such obligations can and will be fulfilled. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer. This resoldtion was declared duly adopted. On motion of Justice Surer, seconded by Councilman Rich, it was RESOLVED that $130.03 be and her'~by is transferred from the Contingent Account to Recreation Account to cover the Town's share of taxation for the year 1977 for land acqmired at Peconic from Lillian A. Gozelski for the proposed recreation center. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer. This resolution was declared duly adopted. On motion of Councilman Homan, seconded by Justice Surer, it was RESOLVED that the annual report (1976) of Magdaline Goodrich, Town Historian, be and hereby is accepted and placed on file. Vote of the Town Board: Ayes:. Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Surer. This resolution was declared duly adopted. Supervisor Martocchia: 13. Notice has been received from the New York State Department of Transportation that they have applied for design approval from the Federal Highway Administration to reconstruct deteriorated elements of the bridge carrying the highway over the railroad west of 'Greenport. This also calls for replacement of the bridge riding surface and guide railing.---Mr. Pell asked if this is the project they thought would take about 18 months to do and would start in June-1977?---Supervisor Martocch~a stated that is correct. All of the maps, drawings, sketches and other information is available for inspection at the-State Office Building, Hauppauge.---Mr. Pell indicated that in taking 18 months to do this would tie up the area for two summers. If they could start after Labor Day it would tie up only one summer.---Supervisor Mart0cchia stated he did not have the dates, but would write for details and starting date.--~Mr. Pell stated he understOOd that they would only tie up one lane when doing this work, and one lane would still be available.' 14. The Board has had submitted to them a song written about Southold by Mr. George A. Yoerger, entitled "Grand 01d Southold." There is an accompanying poem with the same words as the lyrics. Supervisor Martocchia read the poem which is as follows: "Hugged by the Sound, caressed by the Bay, Lively Old Southold enthralls us today. Just as it gladdened those Puritans'bold Who founded our town, Our town of~Southold4 Long may the guardians of Southo~d keep bright Its beacon of fame - its illUstriOus l~ght~' Grand Old Southoldi The gem of Long Island's North Fork. Here in Sixteen and Forty, souls brave and bold~ Founded the~first English town in New York. -Here's where they-struggled to start~life anew,- Here's where theFworshipped their God. Oh, what a privilege for me and for you Just to gaze on the soil they once trod. Grand Old Southoldi Today, as in times long, gone by, A "Paradise Found" on God's hallowed ground, A preserve it we must, you and Ii~ Yes, preserve it we must, you~and Iii --George A. Yoerger Cutchogue, N.Y. November 29, 1975 On motion off'Justice Surer, seconded ~y Councilman Homan, it was RESOLVED that a letter of thanks and-appreciation be sent to Mr. George A;-Yoerger'for the song "Grand. Old SOuthold" which he wrote f0r~Southold TOwn and sent to the Town Board. Vote of the Town Board: Ayes: Supervisor Martocchia,. Councilman Rich, CouncilmanHoman, Justice Surer. This resolution was'declared duly adopted. Onmotion of Councilman Homan, seconded by Csuncilman Rich, it was RESOLVED that the following proclamation be published announcing S~ffolk county's Annual Cerebral Palsy Telethon which will be t~lwised frCm Saturday, January 29, 1977 at iO:O0'.P.M; '%hrough 6:00 P.M., Sunday, January 30, 1977 over local Cablevision stations. Headquarters for this special event will be the Colonie Hill in Hauppauge: WHEREAS, Cerebral'Palsy-cont~inues to be the natioMs number one crippler of children,'affecting 75,000 infants each year; and WHEREAS, the Suffolk Rehabilitation Center for the Physically Handicapped, Inc. provides essential medical, educational and rehabilitation services, thereby helping persons afflicted to achieve a more fulfilling and productive' life; and WHEREAS, the SuffolkRehabilitation Center will conduct 'its annual fund raising telethon on January 29 and 30 NOW, THEREFORE, I, AlbertM. Martocchia~, Supervisor Of the Town of Southold, do hereby pro'claim ~the week 0fJanuary 24 - January 31, 1977 as UNITED CEREBRAL PALSY WEEK in the Town of Southold and do hereby urge all citizens to generously support the endeavors of the Suffolk Rehabilitation Center and its work among those young people whO'so greatly require' its services. Vote~of the TownBoard: Ayes: ~Supervisor. Martocchia,~ Councilman Rich, Councilman Homart, JuStice Suter. This resolution was de¢lared~du!y adopted~. On motion' of Councilman Homart, seconded byCouncilmanRich, WHEREAS the~ Sacred Hear~ R. C.' Church', Cutchogue, New York has' applie~to the TownClerk for a Bingo License, and WHEREAS 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 theSupervisor be and hehereby is authorized and'directed to execute on behalf of the' Town Board t~e findings and determinations as required~by law, and~it is- further RESOLVED that the Town. Clerk be and she h~reby is ~irected to issue a Bingo License to the Sacred Heart R. C. Church, Cutchogue, New York. Vote of the Town Board: Ayes: Supervisor MartocOhia, Councilman Rich, Councilman Homart, Justice Surer. This resolution was declared duly adopted. On motion of Justice Surer, seconded by Councilman Homan, it was RESOLVED that application of Sophie Saunders dated January 6, 1977 for the renewal of a single trailer on the northwest side of Main Road, Laurel, New York, be and hereby is renewed for a period of six (6) Months. Vote of the Town Board: Ayes: Supervisor'Martocchia, Councilman Rich, Councilman Homart, Justice Surer. This resolution was declared duly adopted. On motion of Justice Surer, seconded by Councilman Rich, it was RESOLVED that application of William Ruland dated December 24, 1976 for the ~e~ewal of a single trailer on the earner of Route 25 and Mill Lane, Mattituck, New York, be and hereby is renewed for a period of six (6) months. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer. This resolution was declared duly adopted. Moved by Supervisor Martocchia, seconded by Councilman Rich, WHEREAS a petition was received from John J~ Hurter requesting a change of zone on certain property at Southold, New York, said petition for a change of zone from "A" ReSidential and Agricultural District tO "B-l" General Business District; now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this application to the Southold Town Planning Board in accordance with Article XV, Section lO0-15-(B) of the Code of the Town of Southold. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer. This resolution was declared duly adopted. On motion of Justice Surer, seconded ~T Councilman Homan, it was RESOLVED that Barbara C. Dittmann, Justice Court Clerk for Justice Martin Surer, be ~ndshe hereby is granted a one-year leave of absence from her position, effective January 31, 1977 through January 31, 1978, all in accordance with Civil Service rules and regulations. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Surer. This resolution was declared duly adopted. Supervisor Martocchia~ 15. There have been several protests from residents along Long Island Sound; west of the Breakwater at Mattituck. Their normal erosion along that area in the winter is 8 to l0 ft. As the season changes it is usually restored; however this winter as much as 80 ft. has been lost. One particular individual stated his front porch was 150 ft. from the high water mark, and now it is under his front porch. Justice Surer and Councilman Homart have inspected the area. Yesterday Mr. Latham, who does considerable work on bulkheads and jetties, stated he had spoken to some of the r~side~s, and the individuals from the D.E.C. and Corps of Engineers have inspected the site and feel permits could be secured. There is a figure at $50,000.00 minimum to restore the area. About 13 or 14 cottages are involved in this situation. It has been indicated rock could be purchased from New Jersey and placed in front of the properties and back filled and jetties erected.---Mr. Terry Latham stated he ~as looked at the pro,fy and feels if this continues through the entire spring %u~o of the cottages will no longer be there. It is beginmi~g to undermine under the foundation. The rocks would be the cheapest method. Bulkheading would cost twice the amount. Councilman Homan spoke about drainage problems at Duck Point, Cutchogue. The Highway Department has been working there today and there should be a temporary solution to it today, however, the long range problem must be looked into and will be. Justice Surer also inspected the site the previous day. Mrs. Jean Tiedke asked how long the three cottages have been there?--- Supervisor Martocchia stated they have probably been there about ten years.---Mrs. Tiedke stated that ia an unnatural beach because of the build-up, from the Mattituck jetty .... Justice Surer stated the extension to the jetty was put on in 1935. Mr. Pfeffer asked if it is possible, in the case of an irresponsible landlord, as i$ done in New York City, could the desired work be done and the landlord be billed?--Mr. Pfeffer referred specifically to where a person lives on a private road and in the event of a ~very heavy snowfall, and the person~falts behind in his obligation to plow the road, and there is emergency help needed, can the Town come in and plow the road and then bill the person who has been responsible for plowing? Mr. Pfeffer lives on a private street, and aside from the risks involved, because of that choice, when emergency help is needed a tragedy could happen.---Supervisor Martocchia is aware of the area Mr. Pfeffer is specaking of.~ He Knew the developer did have a contract for the serv~e of the road, but due to a verbal misunderstanding between the developer and bontractor, the snowwas not plowed. Supervisor Martocchia spoke to the Town Attorney and determined that when there is a situation where there is an emergency of any kind, the Town will go in.---Mr.~Pfeffer thanked the Supervisor and spoke on behalf of everyone in West Creek in thanking the Supervisor for his help when a resident was in severe need of medication and the drug store was about to close and the Town equipment did go into the development and enable the resident to get medication.---Mr. Pfeffer is still worried about future storms. On motion of Councilman Homan, seconded by Justice Surer, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 4:40 P.M. Vote of the Town Board: Ayes: Supervisor Mart0cchia, Councilman Rich, Councilman Homan, Justice Surer. This resolution was declared duly adopted; Town Clerk