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HomeMy WebLinkAboutTB-12/05/1972SOUTHOLD TOWN B©ARD MINUTES Meeting of December 5, 1972 The Southold Town Board met at the office of Supervisor Albert M. Martocchiar 16 South Street, Greenport, New Yorkr at 3:00 P.M., TueSday, December 5, 1972, with the following present: Supervisor Albert M. Martocchia, Councilman James H. Rich, Jr., Councilman James Fo Homaa, Justice Martin Surer, Justice Louis M. Demarest, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean, and Town Clerk Albert W. Richmond. Absent: Justice E. Perry Edwards. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that the minutes of November 21, 1972 be and they hereby are approved. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that the next meeting of the Southold Town Board will be held at 3:00 P.M., TueSday, Deeember 19, 1972 at the office of Supervisor Martocchia, 16 South Street, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. A group, pepresented by Charles Cuddy, from the Mattituck Park District area, appeared~before the Town Board to protest the purchase of land by the Mattituck Park D~strict on the north side of Marratooka Lake, Mattituck, New York. The following letter was received from the Southold Town Baymen's Assn., Inc. and placed on file: "Supervisor Albert M~rtocchia, Town Hall, Greenport, N.Y., December l, 1972. Dear Supervisor Martocchia: The Southold Town Baymen's Assn. is concerned about the decreasing.~idal flow~in and out of Dam Pond. We feel that unless some attention~is g~ven to insure a proper flow-of water to the area, serious ecological~ problems may arise. "We also feel-that~-a bk~ c~a~.crab law and also possible regulations on the taking of mussels in the waters of Southold Town areaof a necessity. "Any consideration the Town may be able to give to these problems would be greatly appreciated by the Ass'n. and I am sure would be a benefit to the whole town. Yours very truly, /s/-Jarvis Verity, Pres." _~ . Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that the reports of the Supervisor,~.Police, Building Inspector and Town Clerk for the month of November 1972 ben. accepted b~ the Town Board and.p~aced on file. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by JuStice Demarest, seconded.by Councilman Homan, WHEREAS the car presented by Mr. William Schriefer~ Orient, New York, to the~Town of Scuthotd for Civil Defense purposes be and hereby~is-.declared ~urplus, therefore be it RESOLVED that this car be returned to Mr. Schriefer with the Town's thanks for his genRrous offer of said car ~n a time of Civil Defense need Vote of the Town Board: Ayes: Supervisor Ma rtocchia, Councilman ~ich, Councilman Homan, Justice Suter, Justice Demarest. 2 f6 Moved by Justice Demarest, seconded by Justice Suter, WHEREAS the Southold Town Planning Board and Suffolk County Planning Board have prepared official reports and recommendations on a proposed change of zone on the Town Board's own motion on certain property designated "b-l" General Business District on the southerly and easterly side of New York State Route 25 at its terminus at Orient Point which is erroneously designated on the Building Zone Map of the Town, and the Board believes that said map should be Corrected to properly show said "b-l" General Business District, NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Southold'Town Board at Greenport, New York, ~6 South Street, on Tuesday, December 19, 1972 at 3:30 P.M. on ~e abovementioned proposed change, and that the Town Clerk be and he hs reb'y is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the requirements of law. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Justice Demarest, it was RESOLVED THAT The Town Board acknowledges a letter from the Federal Aviation Administration dated November 29, 1972 approving the Town's agreement to ~ease a portion of Building ~888 at Elizabeth Airport on Fishers Island, New York to William J. Faulkner for a period of one year only. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demares~. Moved by Justice Suter, seconded by Justice Demarest, PROCLAMATION WHEREAS, the month of December, and particularly the Ho~liday Season, has traditionally been the time of the highest~ number of automobile accidents, injuries, and deaths in Suffolk Count~;, aR'd WHEREAS, the Suffolk County Committee of Traffic Safety~B~ards has found that the excessive and abusive use of alcohol continues to be the greatest single contributing factor in these highway deaths and injuries, and WHEREAS, it lies within the ability of all of the citizens of Suffolk County to reduce these needless deaths and injuries during this holiday period, NOW, THEREFORE, I, Albert M. Martocchia, of the Town of Southold,- do hereby urge all of our citizens to exercise due caution and restraint in the use of alcohol while driving so that it may indeed be a period of joy and h~piness for all of them. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman ~toman, Justice Suter, Justice Demarest. Moved by Councilman Rich,seconded by Justice Demarest, it was RESOLVED that the ~outhold Town Board accept the following report from Edward J. Bag~: "November 24, 1972, Mr. Albert Martocchia, Supervisor, Town of Southold, New York, Dear Sir: In response to your request I attended a meeting on November 20, 1972 sponsored by the Brookhaven Town Environmental Action Council. The purpose of' this meeting was to form a working committee which would assist the various town governments in finding solutions to solid waste disposal problems. "The greater part of the meeting was taken up by discussion of re~cyling of solid wastes versus disposal by landfill operations. The trend of the discussion indicated that future action of the committee would probably be directed towards re-cyling of wastes~. This means of disposal was given a boost by Mr. Theodore Snyder, New York State Engineer for Solid Waste Disposal for the Nassau- Suffolk District. He stated that re-cyling projects would undoubtedly receive the highest priority for funding under the State Environmental Bond Act passed in the recent election. "A number of people volunteered to serve on this committee. Future'meet~ngs will he. held at the suffolk County Community College and information about them can be obtained from Mary Hall at 878-0817 or 345-3838. RespectfullY submitted~ /s/ Edward J. Bage, P.E.047014" Vote of the Town Board: Ayes: Supervis0r~ .Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Homan, it was RESOLVED that the Southold TOWn Board approves the action of the ~ishers Island Ferry District in accepting the bid of Newport hipyard in the amount of $7,838.00 for the haul and launch o~ he M/V Mystic Isle add related work to be done thereon. Vote of the Town Board: -Ayes: Supervisor Martocchia, Councilman Rich,'Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suteu, seconded, by Justice Demarest, it was RESOLVED that Supervisor Martocchia be ~nd hereby is authorized and directed to advertise for bids for tax extension computation and phases of tax bills and books for the Town of Southold. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilma~ Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Rich, it was RESOLVED that the Southold Town Board approves the substitution of the p~ssboo~ of Clarence Fleet for passbogk ~1594 in the name of Lefferts P. Edson presently being held in co~ection with the subdivision "Big Green Acres" in Cu%chogue, ~ew York. Vo~e of the Town Board: Ayes: Supervisor Martocchia, Councilma~ Rich, Councilman Homan, Justice Surer, Justice Demar~st. Moved by Councilman Homan, seconded by Justice~Suter, it was RESOLVED that letters from Mrs. Gregory M. Dexter, Edward and Sheila A. Wirsing Jr.¥ Willard ~J. Heggen, Arthur and_Gra<ce'B, McCaw, 'Arthur L. Siemerling and Paul G. Edwards, expressing.. their Opposition to the purchase of land on t~e, north side of Marratooka Lake by the Mattituck Park District, be accepted and placed~gn file Vote of~ths~Town Board::~ Ayes:_ SuPerv~s0r Martocchia, Councilman Rich, Councilman Homan, Justice Suter~ Justice Demarest. Moved by_ Justice Suter~ seconded~by~ Councilman Rich, it eas RESOLVED that_S1,300.53 be transferred.from Item 3, Surplus (Highway) to Item 3, Contractual; and $116.82 be transferred ~rom Item 3, Surplus (Highway) to Item 3, Hospitalization. Vote ~ the Town Board: Ayes:_ .Supervisor Martocchia, Councilman ~ich, Councilman Homan~Justice-Suter, Justice_Demarest. Moved by Justice~ Demarest, seconded by Councilman Rich, it was RESOLVED that $2,844.00 be transferred from Part-Town Surplus to B~1910.4 Contingent AcCount ~ insurance. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Jus~ice. Demarest. Moved by Councilman Rich, seconded by C'ouncilman Homan, WHEREAS the ~riswold-Terry.~G~lover Pos~' ~803~, American'Legi0~, Southold, New York applied to the TOWn Clerk for a Bingo License, and. ~tEREAS, the. Town-Boa~d 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 Boar~, the findings and determinations, required by law, and it is further RESOLVE~, that. the Town Clerk_ be and he h~eby is directed to issue a Bingo License-to-.the Griswold-Terry~Glove~ Post ~803, American Legion, Southold, ~ew. York Vote~of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman'Homan, Justice~Suter, Justice Demarest'~ Moved by Councilman Homan, seconded by Councilman--Rich., WHEREAS the Griswold=Terry-Glbve-r Post'S803, American Legion Auxiliary~ Sou thotd,-New York', applied t~ the Town~Clerk for~ a Bingo License, and W~EREAS the~ Town Board has examined the appl'ication, and after investigation, duly~made~ f'ind~ings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor-be and he hereby is author'ized and directed to~ execute on' behalf~ of the Town' Board, the findings' and determinations required by law; a~d it is further .... RESOLVED that the Town Clerk be and he hereby is directed to issue a Bingo License to the Griswold-Terry~Glover Post~803, American Legion Auxiliary, Southold,~ New York.' Vote-of the Torn'Board: Ayes: Supervisor Martocchiai~Counc-ilman Rich, Councilman-Homan, Justice ~uter, ~Justice Demarest~- Moved by Just'ice Surer, seconded' by Councilman Homan', WHEREAS Mabel Miles applied to the Town Board for a single trailer renewal permit dated De'cemb~r 8, 1972, NOW,~ THEREFORE, BE iT~ RE'SOLVED~ that-the~application of Mabel~ ~ites to'locate a~ single trailer on-her property'atprivate road, Mattitu~k, New York'be and hereby is gr~nted for a period. 6~ six- (6) months. ~ '~ Vote'of the Town' Board: Ayes: Supervisor Martocchia, COuncilman Rich, Councilman Homan,-Justice suter, Justice De,rarest. Moved by Justice Demare~t, seconded by Councilman Rich, it was RESOLVED that Supervisor' Martocchia~be and h~ hereby is au~hor~ized to sign the following agreement between Design Controls, Inc~ and the Town of Southold': ~HIS ~GREE~LENT made this 5th day of December, 1972; between DESIGN CONTROLS, INC~, a domestic corporation of the State of New York, having its office and principal place of business at 75 Sealey Avenue, Hempstead, New Yor~, hereinafter called "Design Controls," and the TOWN~ OF SOUTHOLD, a municipal corporation of the State of New York, having its principal place of business at 16 South Street, Greenport, New York, hereinafter called~ the "Town" WHEREAS, Design Controls' has delivered to the Town at its~police~ headquarters building, Route 25, Peconic, New York, the following equipment hereinafter called the "equipment": Communications Consol~ equipped wi~h four (4) turret blanks and the followin~ equipmen't ihstatled there~n and made a part th~of: Status map of the Town of Southold with eight (8) sets of status map lights; status board wired for fifteen (t5) units; fifteen (15) cardCard-Minder; five (~) position intercom;~two (2) c~osed circuit television' monitors and remote c~m~ras; and five (5) unit door sensors. -' - · Alt or'which' is ~o'De used by the Town police department at its police headquarters b~ilding at Route 25, Peconic, New York. IT IS ~RREFORE AGREE~ (1) Design Controls hereby~ leases its equipment to the 'Town f0r'R term of 36 months, 'commenc'ing December 1, 1'972. (2) The Town hereby agrees to pay Design Controls as rent fO~ the use of~said equipment the sum of $122.60 a month, to. be payable on ~the lst% day of each and every month during the term hereof, the first monthly payment to be made immediately after the execution of t~is a~reement. ~ ~ (3) The Town hereby agrees to use sai~d equipment in a careful manner solely in connection with the communicat~nns system of the Town police department. ' '(4) The Town shal' 1 have possession of said equipment only during the term of this' agreement and ~itle thereto shall be and remain in the name of Design Controls at all times. December 5, 1972 Southold Town Board Meeting (5) The Town shall keep said equipment in good condition and make all necessary repairs for its preservation. (6.) The Town shall insure said equipment during the term hereof against the perils of fire and extended coverage in the amount of not less than $4,000.00. (7) The Town shall not pledge, lend, create a security interest in, sublet, or in any manner dispose of said equipment 6r permit any lien to be placed thereon. (8) Design Controls is hereby given the right to enter upon the premises of the~Town where said equipment is located at any reasonable hour for the purpose of inspecting said equipment and the manner in which the same is being utilized. (9) At the end of the term hereof, the Town shall permit Design Controls at its expense, to remove said equipment from the premises of the Town, and the Town further agrees that said equipment shall be returned to Design Controls in as good condition as when received, reasonable wear and tear excepted. IN WITNESS WI4EREOF, the parties hereto have executed this agreement the day and year first above written. DesignsControls, Inc., Town of Southold by /s/ Albert M. Martocchia, Supervisor. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demares~. Moved by Justice Demarest, seconded bY Councilman Rich, it was RESOL~VED that the Town Board will approve the amount of $100,000. bond as recommended by the Southold'Town Planning Board for roads and improvements in the subdivision known as "Lands End" located at Orient Point, New York, owned and developed by Lands End Realty, 108 Allen Boulevard, Farmingdale, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Ju~fice Suter, Justice Demarest. Moved by Justice Demares~, seconded by Councilman Rich, it was RESOLVED that Supervisor Martocchia be and he hereby ts authorized to lease, under agreement, one cepy machine similar to those in the Tow~ Cle~ Office and Supervisor"s Office, for the use of the Police Department. Vote of the Town Board: Ayes: Supervisor M~rtocchia, Councilman ~ich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice De~arest, seconded by CoUncilman Homan, it was RESOLVED that the So~h~tdgTown Board set Friday, January 12, 1973 8:~0 P.M., Greenport Village Hall, 236 Third Street, Greenport, New York as time and place for ~he following hearing: NOTICE IS HEREBY GIVEN, pursuant to'Section704 of the General Municipal Law that a petition of East End Associates, for the annexation to the Village of Greenport of certain territory adjoinIng said Village has been received by the Town Board of the Town of Southold, being the town in which the said territory proposed for annexation is located and is desCribed as follows: ALL that certain plot, piec~ or parcel of land~ situate, lying and being at or near the Village of Greenport, Town of Southold, Suffolk County~a~ State of New York, more particularly described as follows: ~ BEGINNING at the corner formed by the intersection of the southerly side of North Road with the easterly side of Moores Lane; running thence North 66 degrees 0~ m~inutes 10 seconds East along said southerly side of N~rth Road, 96.61 feet; running thence North 69 degrees 02 minutes 10 seconds East along said southerly side of North Road 985~0 feet; running thence North 71 degrees 28 minutes 20 seconds East still along said southerly side of North Road 312.64 feet to land now or formerly of Henry Fleet and Clarence Fleet, now or formerly known as "Fleetfield"; running thence South 16 degrees 01 minutes 50 seconds East along said last mentioned land and along land now or formerly of Constant Booth 280 and'the heirs of Silas Webb 1450.11 feet to land now or formerly of the Village of Greenport; running thence 'South' 58-degrees 15 minutes 00 secondS West along last mentioned land 714.04feet; running thence South 74 degrees 45 minutes 00 seconds West still along said last mentioned land 670.00 feet to the'eaSterly side of Moores Lan~; running thence North 17 degrees I5'minutes 00 seconds West along said easterly side of Moores Lane 1523.22 feet to the corner, ~ point or place of beginning.~ The members of the aforesaid~governing boards of the Town of Southold and the Village of Greenport Will meet at the time"and place above specified and will hear any objections'which may be · presented against Such petition for annexation upon any'of the fol~owin~ grounds: (a) That a person signing the petition'is not qualified therefer, or (b) That the persons signing Such petition do not 'constitute twenty percentum of the persons residing within such. territory qualified to vote fo~ ~own OffiCers, Or ' ' (c) That the persons signing~such petition do not represent the owners of a majority in ~a~ue of the'property within such territory assessed upon the last preceding town assessment ro~l, or '(d) That the petition does not otherwise substaDtial!y comply in form or content with the provisions of Article 17 of the General Municipal Law of the State of New York, or (e) That the proposed annexation iS~or-is'not i~ the over-all public interest (t) of the territory proposed to be annexed, pr '(2) of %he local government or governments 'to which'the territory is proposed to be annexed, or (3) of the remaining area' of the loaal government or governments in which such territory is situated., or (~) of any school district, fire district or other' ~is~rict corporation, public benefit corporation, fire'protection district, fire alarm district or t~wn Or ~ounty improvement district, situa ted wholly or partly in the territory proposed to be annexed. ObjectionS,based upon any of the g~ounds set forth~ in paragraphs a, b, c, or d above, shall be submitted' in writing."-' Dated; December 14, 1972, BY ORDER OF T~E SOUTHOLD TOWN BOARD Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. On motion of Councilman Rich, seconded by Councilman Homan, it was RESOLVED that this meeting recess at 4:15 P.M., to reconvene at 10:00 A.M., Thursday, December 7, 1972 at the office of the Supervisor, 16 South Street, Greenport, New York. Recesse~ at 4:15 P.M. Meeting called to order. 10:00 A.M., ThurSday, December 7, 1972. Moved by Councilman Homan, seconded by Justice Suter, it was RESOLVED that General bills in the amount of $33,683.13; Fishers Island Ferry District bills in the amount of $38,005.43; Highway bills in the amount of $17,024.08; Special District Bills in the amount of $4,769.19 be and the same are hereby ordered paid. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Meeting adjourned at 11:30 A.M. Albert W. Richmond Town Clerk 281 SOUTHOLD TOWN BOARD MINUTES Meetingoof December 19, 1972 The Southold Town Board met at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, at 3:00 P.M., Tuesday, December 19, 1972, with the following present: Supervisor Albert M. Martocchia, Councilman James H. Rich, Jr., Councilman James F. Homan, Justice Martin Suter, Justice Louis M. Demarest, Town Attorney Robert W. Tasker, Highway SuperintendeRt Raymond C. Dean., and Town Clerk Albert W. Richmond. Absent: Justice E. Perry Edwards. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED, that the minutes of December 5, 1972 be and they hereby are approved. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Bemarest, ~econded by Justice Surer, it was RESOLVED that the next meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, January 2, 1973 at the office of Supervisor Martocchia, 16 South Street, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice DemareSt. Moved by Justice Surer~, secondedb~C~uncilman Homan, WHEREAS Section 123 of the Town Law provides that town officials and employees who receive and.'disburse monies of the Town shall account to the Town Board for all monies received and disbursed by them by the 20th day of January, and WHEREAS the Town Board deems it necessary to engage~ a public accountant to prepare the aforesaid annual account for all town officers and employees~ ~ ~ ~ONS- T~EREFORE,.-BE IT RESOLVED- that the~ Town Board engage the services of Elaine: F~ Kaldor, Certified Publi~c~Accountant, to make the annual audit of the books and records of officers and employees of the,Town of S~thotd for the fiscal year 1972 at a contract fee of.$1,200.00 ....... Vote of the Town Board: Ayes: Supervisor Martocch~ia, Councilman Rich, Councilman Homan_,~ Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Councilman Homan, it was RESOLVED that a 'recess be.-catled at 3:30 P.M. for a public .hearing on a chan~ge~.'of zone on certain property at Orient Point. The minutes to be-taken by Mrs. Marjoi-ie McDermott. -_ L~ - ~ote of ~ke Town Board: Ayes: Supervmsor Martoc.chia. Councilman Rich, Councilman Homa~, Justice Suter, Justice Demarest. Meetin~ re~onvened at 3:40 P~M. Moved by Justice Suter, .seconded by Councilman Homan,~ WHEREAS the Mattituck Park. Ristrict requested the Southold Town Board to guarantee financial aid~ or ~ bond~.for th-e purchase of land at Marratooka Lake, Mattituck, New York, and WHEREAS there have been many protes3ts~ against the purchase of said~ land for. that area, it ~as RESOLVED that this ~o~n Board recommend to the:. Mattituc~ Park District ~hat_a public hearing- or information meeting be-he~d and well advertised in .advance. Vote of the Town Board:-Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter~ Justice Demarest~. Moved by Ju~ice Dem~st,.~ seconded. ~ .~ ~ by Justice Suter, it was RESOLVED that the Southold Town Board accept the resignation of Margaret Haley, Greenport, New'York, as School Crossing Guard at the Greenport School crossing, effective January 12, 1973. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest. / Move~ by Justice. Demarest, seconded by Councilman Homan; it waS~ RESOLVED that $100,000be 'donated to the Orient Historical Society to help preserve the Buttonwood Tree., a historical marker datihg back many years. ~ Vote of the Town Board: Ayes: Supervisor Martocchia, CounCilman Rich, COuncilman Homan, Justice Suter, Justice Demarest,~ Moved by Justice Demarest, seconded by Justice Suter, it was RESOLVED that the Southold Town Board approve and sign the following agreement with the Village of Greenport: THIS AGREEMENT made this 19th day of December 1972, retroactive to January 1, 1972, by and between the Village of Greenport, ~ municipal corporation having its principal p~ce of business at 236 Third Street, Greenport, New York, herein called the VILLAGE, party of the first part, and the Town Board of the Town of Southold, hereinafter designated as the TOWN, having its principal place of business at 16 South Street, Greenport, party of the second part, representing a fire district dnly organized under Town Law of the State of New York. WI TNE S S E TH WHEREAS, the said Village has installed and maintained 136 (to date) fire hydrants within the said East-West Fire District which are located at points on its water main designated by the Town Board representing said District for fire protection purposes-and also at the request of said Town Board agrees to ex~end water mains and provide additional hydrants where~e~rexpedient throughout the District; NOW THEREFORE, in consideration of $1.00 and other valuable consider- ation paid by each of the parties to the other, the receipt of which is hereby severally acknowledged, the parties hereto agree as follows: lst: All of the mains and hydrants located i~ the.District and all ex-tension of new mains and hydrants hereafter installed by the Village in the District are and shall remain the p~operty of the Village, a~d nothing herein shall be deemed in any way to limit any right to lay water mains in any of the public streets or roads of said District or the Town of Southold, which the Village has or may have under.its corporate charter and any functions now or hereafter owned or exercised by it. 2nd: During the term that this agreement shall be in force, the Village shall maintain normal service through its said mains and hydrants and through any additional mains and hydrants installed hereunder, and the District agrees to pay to the Village, and the Village agrees to accept as full compensation for the use of said hydrants, the rental of $65~ per year for each hydrant now or h~esfter installed and except that no rental shall be due for hydrants which have been ~nstalled on a newly laid water main until such time as the same are approved by the Fire Insurance Rating Board. As to said hydrants, the rental shall be pro-rated for such portion of the billing quarter as remains after such approval shall have been given, and notwithstanding la~k of present approval, the District may use water from said hydrants forthe purpose hereinafter set forth. 3rd: The use of such hydrants shall be for fire purposes only, such purposes to include, however, testing of fire apparatus and the reasonable practice of firemen in the said District- 4th: The Village shall use due diligence in making necessary repairs of breaks and leaks and will use all reasonable care in maintaining an adequate flow and pressure of water. 5th: The village agrees that its pumping plant, storage takns, mains and pressure at said hydrants shall be such as to conform 283 with the rules, of the:New York Fire Insurance Rating organization covering the territory in which this contract is operative so that buildings protected by said hydrants shall receive the most favorable protected rate of insurance. If for any reason the said Village fails to provide proper equipment, maintain proper pressure, or fails to comply with any rule or regulation of the New York Fire Insurance Rating Organization relating to the Village, payments hereunder shall be suspended until said rule- or. regulations are fully complied with. 6th: It is also understood and agreed thatthe Village shall hold said District harmless from.any claim'or damage by reason of any negligent act or omission of the Village in the operation of its plant, mains and'equipment. 7th: The District agrees that if from an Act of God/' or the public enemy, or accident to mains or machinery, or fire, or on account of ~strikes, insurrection or-civil commotion, or diminution of water supply, the Village Should at any time become unable to supply water as hereinbefore provided, then the Village shall not become liable for any damages resulting from such failure, but in the event of such failure the Village agrees to r~bate to the said District an amount which shalllbe in proportion to the time and duration of said failure to furnish said water supply and the District may withhold payment of any installments to become due hereunder until such condition is correct. 8th: The District will raise, yearly., in a manner ~rovided by statute, all sums required to be paid to the Village under this contract. 9th: It is also understood and agreed that the parties hereto by mutual consent and under-the same conditions as herein set forth may at any time install:new-hydrants in said-District, it-~being understood and agreed that such installation shall conform with the rules and regulations-of the. New. York~Fire InsuranceRa~ing Organization as to the minimum protected-rate for fire insurance upon buildings within~the prescribed distance~of said hydrants~ Number and location of new hydrant installations is to be determined by mutual agreement between the Village-and the District, prior to the time of installation. 10%h:- This ~cOntract shall be in.force for a period of five years from the date hereof. lt~h: This contract shall inure to ~he benefit of and shall be binding upon the successors and assigns of the respective parties ~ereto. IN WITNESS WHEREOF, ~he- parties have caused these presents to be executed by their duly authorized officers the day and year first above written. SOUTHOLD TOWN BOARD Attest~ /s/sAlbert W.~Richmond. by /~/-A~bert M. Martocchia Town Clerk- ,~ · ~ Supervisor /~/ Louis M. Demarest /s/-Martin Suter ~-/s,/ James.:H.. Rich, Jr. /s/ James .Homan. Vote of the Town Board: Ayes: ~Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Councilman Rich, WHEREAS Minnie Wilson applied to the-~Town Board for~a single trailer renewal.permit dated-~ovember 11, 1972, NOW, THEREFORE, BE tT RESOLVED that the application ~of~Minnie Wil'son. to locate a single trailer on her property.at Middle Road., Cutchogue, New York,..be and~he~eby~is-granted, for~a-period or, six (6) months. Vote':of the:Town, Board: Ayes: ~Supervisor Ma~tocchia} Councilman Rich, Councilman 'Homan, Justice Suter, Justice Demarest. -28 M~ed by"Justice :Suter,- seconded'by Justice Demarest, it was RESOLVED that the~ following' monies :be transferred:~: From Undistributed ~alary_Adjustments -'Part Town:~ $6,050~00 B3:130'.i.Bay:-Constab~e:.-$ 450~00 ~': .... ~.~ B3620..l:Safety : '- ~ 600.00 From Undistribute~Salary Adjustments ~ Whole:Town:-:$4,570.0~ - To: All0.1 Justices $ 550.00 ~- ~A~33D.~ Tax ~Colle~tor $1,500~.00~ ........ A&~T0.1 :Tow. n<~Clerk~ ~ :$1,:020~.00 ~::- . .... : .~ c: ' A13~5%1 Assessors $1,500.00 '- - Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,, CounciTma~Hom~an, 'Justice Suter~, Justice Demarest. Moved-by:Justice Demarest~ seconded by Councilma'n Homart, it was' RESOLVED that the following monies be transferred: From: WhOle-Town - Undivided:Surplus': -'$2~927.00 · o: -. Assess'ors-:~ ~Contract~al - - $ ~36~00 ,: B~iLdings ~.Contractual $1,041.00 ~Beaches '~ ConZr. actU-al - -~:__ $ _200.00 R~fuse ~ C~n~ractua~q~ :: $~55'0~00 - " From: Part-Town Undivided Surplus: $10,052.00 · O:- ~ Police ~'Contractu~l - $8,600.00~ Bay Constable ~.Contractua~ -$1,000.00 . Safety Insp. - Contractual - $ 50.00 _~ zoning~ contractual -~' .$ _~02.00 Vote of the~Town Board: ~.Ayes: ~Supervisor. Martocchia~Councilman Rich,~ Councilman ~Homan, Justice ~Suter,. ~ustice Demarest. M~ved.by~Councilman-Homan, seconded by Justice Demarest, it was RESOLVED that ~the:fo~owingmonies-be ~transferred: 1 - $I73.06 from High~ay Item IV:Snow'and Ice Personal :Services -into Contractua~ ~!.~ $12,000.G0-from:Highway Item I~Contractuat: into PersOnal Services. 3~ - $2~0.~00 from ~ighway~I~em IV Miscellaneous Contractual into Personal Services. 4 ~ $450:.00 from: Highway Item~ III Social Security: into ~Personal ServiCes.: .... ~' -~-, : : - ::~-'~: ' " Vote of the Town Board: Ayes: Supervisor Martocchia:,-Coun~itman Rich,:Councilman H~man, .Justi~e..Suter, _Jus.tice:Demarest. Moved'.by Ceuncilman Rich, seconded by Councilman Homan, WHEREAS, it has come to the attention of this, The Town. Board of the Town of Southold, that the Temporary Commission for the Re- Or~anizati'on of ~the Courts of this State is about to make its Report:':to'the Governor, and WHEREAS% ~here is reason to believe that said Report will recommend the elimination, change or modification of the existing Town and Village JustiCe -c~urt:Sys~m?-'~and '" WHEREAS, ~our .Townia~d::Villa~e:Justice Courts have.~tong been known as "The Courts Closest to the People" because of accessibility which is not found ~n any of the other Courts of this State,.and WHEREAS, the Southold Town Board is firmly convinced that th,e elimination, or change of the Town and Village Court System will deny the People_ of this Community the privilege ~of, prompt and effective disposition of their problems, whether the same be civil or criminal, and thereby give credence to the axiom "Justice delayed is Justice denied", and ~HREREAS, the elimination or change of the existing Town Justice Court System would be the initial step in the erosion and ultimate destruction of said Courts and the substitution of a District Court system which has already demonstrated impersonality, calendar congestion, travel problems for police, plaintiffs, and defendants, and higher costs to the Taxpayer, and WHEREAS, Town and Village Justice Courts have ably performed their duties to the People for over 200 years and are coRtinuing to do so 285 with very nominal expense to the Taxpayer, ahd WHEREAS, the Justice Court system of this Town of Southold in New York is well establi~hed,'accepted, open t0 the citizenry and is local and responsive to local needs, has be~n updated and modernized by the State Legislature under a Statewide Uniform JustiCe Court Act Bo which ~ur local JUstice C0urt ~onforms, and WHEREAS, 'Justice Courts ha~e no "calendar congestion", are ~nexpens~ve to the litigantS and the taxpayers, and are readily, easily accessible to all who seeks its services, take care Of limited local criminal and civil matters ~n a ~peedy and proper manner as required by law, and ~HEREAS, Justice Courts provide .an arrestee with~ the quickest method of placin~ a magistrate betwee~ him and the arresting officer and of having his "rights" explained to him, and WHEREAS, Arresting Officers need not leave the ~rea Of arrest to travel, Justice Courts are~sufficiently numerous Rs to cut down on travel distance and travel time, important in our area due to distance-and lack of tranSportation, and W~EREAS, in speeding ahd aCC~d~ht cases, the lo~al Justices are familiar with the dangerous and accident prone areas and can explain this to the apprehended motorists - th~s emphasizing the factor of thed~iver'~ safety as a'~ause for apprehension, and WHEREAS, to the lay Justice, the position is~prestigious and important and deserving of his best effort for he ~s under the close and 'constant scrutiny Of his local constituents Checking his performahce, and WHEPdDAS, the Justice ~s familiar with the local citizenry~ their Views and their'needs and is in a b~tter position~to ben'responsive tha~"a distant ~udge, and WHEREAS, ArbitratorS need not be lawyers, nor are legislators ~eqUired to b~ members of the legal profeSSion, and W~EREAS, with ~the mandated training and re~raining of lay Justices as required by the Judicial Conference, a trained lay Justice must D~ certified that he ~s capable of discharging the dUties of the office and the CourtS Closest to the People are now~continuously supervised by the Judicial Conference and an Administrative Judge ~n the County, and WHEReAs, where the decision of the Justice is questionable, the Appellate Court is available for correction on appeal, and WHEREAS, the ad~ge that "the man who never made a mistake~' never made a~yt~ing"applies to both the lay judge and the judge with a law degree and the local lay judge may be replaced by the local constituency more easily than can a District Court Judge be separated from his office, NOW, THEREFORE~ BE IT RESOLVED thatthe Town Board of the Town of SoUthold is unalterably opposed to the'eliminatiOn or weakening ~fthe present local Court system which embraces the Town and Village Justice Courts, and be it further RESOLVED that a copy o~ this ResolU~t~on be forwarded to 'Governor Rockefeller, to each member of the State Legislature, and to the members of the Suffolk County Legislature, so that all may be fully aware of the earnest and studied position taken by the Town Board of ths Town of Southold, New York, for the very necessary retR~tion of our effective, prompt, local low cost Town Justice Court system as adopted by the New York state Legislature ~n the Uniform Justice Court Act of 1967. I, Albert W. Richmond, Town Clerk of the Town of Southold, Suffolk County, New York, do hereby certify that the foregoing is a true and complete copy of a Resolution unanimously ~dopted by the Town Board members present, at a meeting on the 19th day of December, 1972, the original of which ~s part of the official proceedings of said Southold Town Board, and ~s on file in my office. TOWN CLERK, TOWN OF SOUTHOLD /s/ Alber~ W. Richmond (SEAL) Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. Mr. John Earl Timpson~ appeared before the~Board to ask when a decision would be made on his petition to change Skunk Lane back ~0 Bay Avenue-at Cut'hog'e/ Mr. Ti~ps~n sta~ed that many pe~pi~ had changed ~heir minds about the first petition_,they.signed .to ch~e t~e road to Skunk ~ane.' Supervisor Martocchia informed Mr. ~mps0n: ~:~h~ Board would possibly consider it at their next meeting. He also stated ~hat he h~ heard ther~ was pzessure used in ~onnection with Mr. Timpson'~petition to g~t t~g people.to sign. . Mr. John_Tuthill, Orient, .thanked the Board fg~ the donation to the orleht Historical S~cie~y to help preserve the.'Bu~tonwood ~ree. Mr. Joseph Sullivan read the following letter from ~he Southold Town Democz~i~ ~Q~i~tee, Box 331,. Cutchoque., N..Y. 11935, Tel 734-6976: "Dec. 19, 1972, Hon. Albert Martocchia, Supervisqr, and Members of the Sou%hold Town Board. .Gentlemen: Southo!d Town Justice Perry Edwards has submitted his resignation to the Town Board, effective December 31, 1972. "In the interest of improving the effectiveness of ~he Town. Board, th~ Southold. Town Democ~aaic Comm~e.~espec~fully calls upon the Southold Town Board to do the following: "1) ~ot to.appoint a successor to J~sti~e Edward's seat "2)~. to adopt a resolution .which will enable Southold Town -to '~chieve C&ass 1 Status prior to May 1973. "The So~thold _TQwn.Democrati¢. Committee.believes. that justices sho~. n~t.S~ on ~h~.T0~n..B0ard. Furthermore, the physical isolation of one voting Town Board Member, on Fishers island, is not conducive to the effe~ive~function~n~ Qf the Town:BQar~.~: . ... "A local newspaper item 'recently quoted Justice Edwards:as. saying "I feel I can't Sit on~the Town ~gard and vote on things I ~now l~ttle ab0~." - "We ~rge the'Town Board to ac~ p~omptly on the above requests. Thank you. /~/~'JQ~eph P.."Sullivah,, Chairman,i Southold Democratic Committee."' - Curtis W. Horton, C~mmissioner of Cutchogue Fire District, and Frank McBride, appeared before the Board to reques~ that_~o action be taken on t/~e Fire'C~de at t~is time, and requested that action be withheld until the Town Board has heard from the Cutchogue Fire Distr~ct A number'of the audience asked the Town Board to reques~'~he Mattituck Park District to hold an advertised information meet, ing or public hearin~ on the proposed purchase of land~ at Ma~rato~k~ Lake. Meeting adjourned at.4:15 P.M. Albert W. Richmond Town Clerk