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HomeMy WebLinkAboutTB-05/19/1970MEETING OF MAY 19, 1970 The Southold' Town Board met at the office of Supervisor Albert M~rt6'c~hia, Greenport, New York, on Tuesday, May 19, '1970 at 3:00 P.M.'with %th~-follow- ing present: Supervisor Martocchia; Councilman Valentine; Justices Surer and Edwards; Town Attorney Tasker; Supt. of Highways Dean a~d TOwn 'Clerk Richmond. Absent: Justice Demarest and Councilman Rich. Moved by Justic~ Suter; seconded by Coundilman valentine;~ -' ~ RESOLVED: That· the minutes~ ,~ of May. 5, 19~0 be.and they, .hereby'ar~'aP~0~ed'. _,. ~-~ Vote of Town B~ard:~Ayes-Supervzsor Mar~occhza; Counczlman Valentzne; Justices Cuter and Edwards, Moved by Councilman Valentine; seconded by Justice Suter; t/4e RESOLVED: That the next meeting of the Town Board will 'be held~-at~ office of Supervisor Albert Martocchia, 16 South Street, Green~0r~ ~q.Y. on Tuesday, June 9, 1970,. at 8:30 P.M. V~te of Town Board: Ayes-Supervisor Marto6c~ia; Councilman vaIe~ntf~e; Justices Surer and Edwards. Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That Supervisor Albert Martocchia be and he'hereby is author- ized to contract for service maintenance for one year on the Smith Corona Printing Calculator used in the tax office, 'sum not to exceed $145. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valen%ine; Justices Suter and Edwards. moved by Councilman Valentine; seconded by ~ustice Suter; RESOLVED: That Corbett JQnes, Terry Harnan, Thomas B. Reeve an~.~A.~.~e!son Chapman be .and they are appointed to the Southold Town Conservat~on~ Advisory Council for a period of 20 months en6ing Feb. l, 1972 to serve at the pleasure of the Town Board Vote of Town Board: Ayes; Supervisor Martocchia;-Cound~lman Vaient~ne; Justices Suter and Edwards Moved by Councilman Valentine; seconded by Justice Edwards; RESOLVED: That A. Nelson Chapman be and e hereby is ~ppoint~d Chairman of the South6id T0wn~ Conservation AdviSory Council for a Peri0d~-e~d~h~ Feb. 1, 1971, he to serve at the pleasure of the Town Board. Vo%e of ~Town Board: Ayes; Supervisor Martocchia; Councilman Vale~:%~; Justices S~ter and Edwards. Moved by Councilman Valentine; seconded by Justice Edwards; WHEREAS, a petition was received f~om residents of Youngs Ave~ue,. · ~,~ Orlent,~ requesting a 30 MPH speed limit on Youngs Avenue, Orient, N.Y.~ '~ NOW, THEREFORE, BE IT RESOLVED: That Supervisor Martodch:ia b~ ah~ he' hereby is requested to contact the New York State Traffic .... Commission for a study on Youngs Avenue, and a request~f6r a ~0 MPH speAd~-li~It. Vote of Town Board: Ayes- Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That the Southold Town Board release the Bond of $13,000 on the Subdivision known as BIRCH HILLS, in Cutchogue, New york, owned and developed by Birch Properties, Inc. as recmmmended~by the Southold Town Planning Board for the completion of roads and improvements. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Councilman Valentine; seconded by Justice Edwards; RESOLVED: That the following letter be placed on file and recorded.in the m~nutes of this meeting: Chief Carl Cataldo Southold Town Police Department Police Headquarters, Peconic, New York. Dear Chief Cataldo; Patrolamn John F. Scott of our Narcotics Squad through his Commanding Officer Detective Serqeant Robert Cummins has particularly requested that your Detective, Henry Stepnoski, be recognized for his assistance and cooperation in the recent narcotics investigation identi- fied as "Operation Scramble" ~Detective Stepnoski cultivated a confidential informant whom he turned over to this department which paved the way for undercover agents to be able to make cases against seven dealers in the Southold area. D~r~ng the course of the investigation he continued to supply vital forma%!on that aided in identifying and locating these drug traffickers. ~I~t is a pleasure for me to commend Detective Stepnoski's cooperat- ion whiq~ played a vital part in the success of our joint narcotics operation. q ~ . Very truly yours, John L. Barry, commissioner Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine~ Justices Suter and Edwards. The~T~wn Board wishes to commend Detective Joseph Sawicki who also participated in "Operation Scramb~t'. Moved~by~Justice Suter; seconded by Councilman Valentine; RESOLVED: That the Supt. of Highways of the Town of outhold be authorized to advertise for bids and to purchase from the lowes~ responsible bidder, 1,0QO bags of Portland Cement, more or less, as may be needed. Vote of. Town Board: Ayes-~upervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. ~ Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED: That Supervisor Martocchia be and he is authorized to sign a lea~e with the Southold Fire Commissioners on leasing of a parking lot aroung the Southold Fire ~ouse, Main Road, Southold, N.Y. to bemused by the ~eneral public, at a sum of $1.00 per year for five years beginning Aprit 1, 1970 and ending March 31, 1975. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Justice Suter; seconded by Councilman Valentine; W~tERE~S~. Town of Southold has entered into a written contract for the purchase'of real property from the New York Telephone ~ompany located on %he ~orth side of Main Road, (Route 25) at Cutchogue, New York, Town of Sol,hold, Suffolk ~ounty, New York, for the sum of $9,000.00, and WHER~A$,~THE Town of~Southold now has surplus funds in an amount suff- icient to purchase said property including the incidental expenses in connection therewith, NOW~ T~EREFORE, BE IT RESOLVED: That the Town of Southold purchase said real p~operty from the New York Telephone Company, said property being g~n~ra!ly bounded north by land now or formerly of Olsen 50 feet; easterly by land, now or formerly of Olsen 100 feet; southerly by Main Road 50 feet; andwesterty by land now or formerly of Samohle 100 feet, and IT I~ FURTHER ~ESOLVED that surplus funds of the Town of Southold be used~for the purchalse of said property and all closing costs incidental thereto, and IT IS FURT~tER RESOLVED that the Supervisor be and hereby is authorized and ~rected to do al~l things necessary to cons~mate the purchase of said property including the payment therefor. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Surer and Edwards. Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED: That Police Chief Carl Cataldo be and he is authorized to adver- tise for bids for a 5th wheel calibration to be used by the Southold To~wn?~.Police and other east end towns, part of the cost of said calibration to ~e~paid by other towns. Vo~e ~f~own Board: Ayes-Supervisor Martocchia; Councilman Valentine; JuStices Suter and Edwards. Mov~ by Councilman Valentine; seconded by Justice Edwards;' ~R~AS~.Chief Carl Cataldo has named Sql. Barney ~arris, Patrolman James MeLl~s''~nd Patrolman Robert Conway, Policemen of the month for their out- st~n~ing police~ work., . . NOW~ THEREFORE~ BE IT RESOLVED: That Supervisor Martocchia be requested to ~86 to se~d a note of congratulations to each of them on behalf of t~e Town Board. Vote of Town Board: Ayes-Supervisor Mart0cchia; Councilman Valentine; Justices Suter and Edwards. · Moved ~y Justice Suter; seconded by Councilman Valentine'; .~ RESOLVED: That Albert Richmond, Town Clerk, be and he hereby i~s auth6r- ized to purchase and have installed a suitable screen fence betwee~ the property owned by Mrs. Alice Thompson and Town property adjacent t o the recreation area adjoining the Town Clerk Office building, the su~ not to exceed $500.00. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Surer and Edwards. Moved by Justice Edwards; seconded by Justice Suter; RESOLVED: Tha~ Councilman Valentine;be and he hereby is authoriZed to purchase a small metal building and place it on Soutnold Town ProP'er~y for use by the Senior Citizens to store equipment, the sum not,to'exceed $150.00. Vote of Town Board: Ayes-Supervmsor Martocchia; Councilman V~l~enti~e; Justices Suter and Edwards. 4.. Mr. Theodore Chanoux appeared before the Board requesting a guard rail at'Bay View Ave., Shore Acres, Mattituck, N.Y. to prevent the'~aunching of boats at the end of this road, Highway Supt. Raymond Dean agreed~ ~ to ta~e care of the matter. Moved by Councilman Valentine; seconded by Justice Suter; ~ WHEREAS, Chapter 449 of the Laws of 1970 of the State of New York pD6- vides the Town'Board of the Town of Southold, Suffolk County, New. York, may adopt a resolution, subject to a permissive referendum, determining that the provmslons of article thirteen of the town law shall be applic- able to the Orient-East Marion Park District, and ~ WHEREAS, the Town Board is desirous that the Orient-East Marion Park District shall be governed in the manner provided in article thirteen of the town law, NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to the provisions 6~ ~hapter 449 of the Laws of-1970 the Town Board of the Town of Southold does hereby determine that the ~rovmsZons of~article thirteentof %~ town law shall~be applicable to the orient-East Marion Park~District. 2. That within ten days after the adoption of this resoluti0n:/th~Town Clerk shall cause to be pUblished at least once in the Suffolk We~kly Times, a newspaper regularly published and having a ~eneral cir~Zation within the-Orient-East Marion Park District, a notice which~Sh-alltTset forth the date of the adoption of this resolution and shall-contain-an-~ abstract of this resolution concisely stating the purpose and effe~tit thereof. Such notice shall specify that this resolUtiOn was ad6p%~d-sub- ject to a permissive referendum. The Town Clerk shall also, withi~t~n days after the adoption of thie resolution cause a copy of~ such notice to be posed on the signboard maintai~d~pursuant to subdivision~six of section thirty of the town law. -~ ~ 3.~ That this resolution is adopted subject to a permissm-ve referendum.- Vote of'Town Board: Ayes: Supervisor Martocchia; Councilman ValeRtin~; Justices Suter and Edwards. Mr. C. Beier, Mattituck, New York, appeared before the Board and presented Supervisor Martocchia with a petition regarding pollution and speeding of boats in Mattituck Creek. Moved ~y Justice Edwards; seconded by Councilman ~al~ntine; RESOLVED: That this Town Board approves the action of the Commissioners of the Fishers Island Ferry District in the leasing of the Ai~-Field to Peconi'c Air Services, Inc. according to-the following agree~e~t:~ THIS AGREEMENT, made this day of 1970, between TI{E FISHERS ISLAND FERRY DISTRICT, a district created pursuant to Chapter 699 off. the Laws of 19~7, as amended,- having its office and principal pl~ce~f~-<~Us~ iness at Fishers Island, Town of Southold,. Suffolk County, New York, hereinafter called the District and PECONIC AIR SERVICE, INC.~, a domestic cerporation of the State of New York, having its o~fice ~nd princip~Z place of business at Riverhead, Suffolk County, New York hereinafter called the Operator. WITNESSETH: ..... WHEREAS, the District is the owner of an airport located at Fishers Island, Town of Southold, Suffolk County, New York, generally known ~s the Fishers Island Airport and hereinafter called the Airport and is de- sirous of engaging the Operator to operate said Airport for and on behalf of the District; and WHEREAS, the Operator is presently engaged in air taxi and related activ- ities and is desirous of operating the Airport for and on behalf of the DiStrict, NOW, THEREFORE, for and in consideration of the premises and of the mutual Covenants and agreements hereinafter contained, and other valuable consid= ~' erations, the District does hereby lease, grant, and let to the OPerator and the Operator does hereby hire, take and lease from the District the following premises, facilities, rights, and privileges on and at the Air- port, upon the following terms and conditions, to wit:- 1. The district does~hereby grant unto the Operator the non- exclusive use in common with ~thers authorized so to do, of the Airport and appurtenances, together with all~facilities and services which ha~e been or may ~ereafter be provided at or in connection with the Airport consisting of re~dways, runways, taxiways, aprons, aircraft parking areas, automobile parking areas, landing lights, signals, radio communi- cation equipment and other facilities for flying, landing and take off of aircraft. 2. The Operator shall have exclusive use of the hangar and building attached thereto (~ereinafter called the Administration Building) located on the Airport subject to the following terms and conditicn s, to wit:- (a) The Operator shall during the term hereof maintain the lights water and toilet facilities in the Administration building for the conven- ience of the public. Any required repairs to such facilities shall be performed by and at the expense of the District. (b) The Operator shall provide adequate facilities in the Administration building for the accommodation of passengers and other persons using the Airport. (c') The District shall provide and maintain the necessary radio communication equipment and the Operator shall operate the same. (d) The District shall install and maintain a public coin operated telephone which shall be available to the public. (e) The Operator shall have the right to sell food and beverage for consumption by the public and install, operate and maintain the necess- ary machines, equipment and facilities for such p~rposes. (f) The Operator shall have the right to install, operate and maintain travel agency facilities in the Administration building. 3. The Operator shall have the right to sell gasoline, ofl, grease, lubricants, fuel and other equipmentor supplies at the Airport and to in~tall, provide, maintain and operate such storage facilities, vehicles, machinery and equipment necessary for such purposes provided that the same shall-not interfere with the reasonable use of the Airport by others and further provided that the location of such facilities shall be subject to th~ approval of the D~str~ct. 4. With ~espect to the Airport facilities described in paragraph 1 of this agreement~, the Operator shall keep the same free from obstructions and other foreiqn matter. The District shall cut the gr~ss along the run- ways tO a width of five feet on both sides, and around the hangar and tie down areas and maintain and repair the runway and runway lights so that .... the premises'shall be safe and convenient for the use thereof as a public Airport a~d in all respects in accordance with all law, rules and regul- · ations of all governmental agencies having jurisdiction thereof, The District agrees to perform all major repairs to the runways, including the resurfacing of the same, the removal of snow therefrom, and all re- pairs, injury or obstruction to the runways caused by storms, floods or the acts of God. 5. The Operator, at its own cost and expense, ma~ construct build- ings or add to, modify, renovate or improve the buildings or structures presently located'at the Airport, provided, however, that prior written consent bhall be given therefor by the District. 6. The Operator shall have the right to provide aircraft fiight instructions at the airport provided that the same do not interfere with the use and operation of the Airport as a public ~irpor~ for the general use of the public. 7. The Operator shall have the right to perform aircraft maintenance and r~pair operations at the Airport and in connection ~ewith ~o purchase and s!elt aircraft parts, equipment and supplies provided that~s~c~ operat- .... io~-~do not interfere with the use and'operation o~ the Airport as a public airport for the general use.of the public. 8. The Operator shall have the right to perform and provide an air tax service at the Airport both scheduled and non-schedUled on a non-exclus- ive basis. ~ 9. The Operator shall at its own expense obtain and maintain during the term of this agreement, policies of insurance providing public liabil- ity insurance covering~ its operations, said policies shalllname the O~erator, the ~i~trict and the Tov~n Of Southold as named insureds. Certificates of insurance shall be furnished to the District. 10. During the term of this agreement, the Operator agrees to provide an attendant at the Airport at all of the following times, to wit:- (a) During the period commencing Friday., May 22, 1970, and ending on June 21, 1970, an attendant will be on duty from Friday noon to 8:00 P.M.; (b) During the period commencing on June 22, 1970, and ending on September 8, 1970, an Attendant will be on duty daily for a period of not less than ten (10) hours each day.~ 11. The Operator shall charge and collect the following aircraft landing fees and aircraft parking fees: Landing Fees: Aircraft Private Aircraft Commercial S~a~le Si~le $ 1.50 $ 2.50 Light Twin 3.00 4.00 Heavy Twin 6.00 10.00 Parking Fees: Single Private or Commercial Light Twin Heavy Twin Overnight $ 2.00 $ 2.50 $ 5.00 Per Week 10.00 14.00 25.00 Per Month 3'0.00 35.00 50.00 Per SEason 50.00 65100 100.00 The O~erator agrees to maintain accurate books and records of all such fees collected which books and records shall be made available at all reasonable times for examination and inspection by the DiStrict. 12.'--The la~ding and parking fees Collected by the Operator during the term hereof as provided in the proceeding paragraph shall be divided between the parties hereto mn the following manner: (a) All such fees not exceeding the sum of $4,500.00. shall; be retained-by the Operator. (b) Fifty. (50%) per cent of all such fees in excess of $4,500.00 shall be paid over by the Operator to the District. 13. The term of this agreement shall be for a term of se~en.(7) months commencing on the 22nd day of May, 1970 and ending on December 22, 1970. 14. The Operator shall not at any time assign this agreement or any part thereof without the consent in writing of the District. 15. In the event that the Operator fails or neglects to perform any act or duty imposed upon the Operator by the provisions of this agree- ment within 24 hours written notice of such default, the District shall have the rmght to remedy such default and the cost and expense of the same shall be a charge against the Operator. 16. The District shall have the right to demand that the Operator discharge any a~ttendant at the Airport for any reason deemed prejudicial to the proper operation of the Airport. IN WITNESS W~EREOF, the parties hereto habe signed their names and affixed their seals on the day and year first above written. The Fishers Island Ferry District By Peconic Air Service, Inc. Vote of Town Board: Ayes-supervisor Martocchia; councilman Valentine; Justices Suter and Edwards. 289 Moved by Justice Edwards; seconded by Councilman Valentine; --RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,, ADOPTED MAY 19, 1970,~AUTHORIZING THE REDEMPTION, IN PART, OF A $27,000 BOND ANTICIPATION NOTE FOR LAND ACQUISITION-1969, TO THE EXTENT OF $14,000, AND APPROPRIATING' SAID AMOUNT THEREFOR. Recital WHEREAS,~ the Town of Southold (herein called "Town")~, in the County of Suffolk, New York, has heretofore duly authorized, sold and issued its $27j00OBond Anticipation Note For Land Acqulsition-'1969, and it is nc~des~.rabte to redeem said Note-to the extent of $14,000 from a source ' other .than the proceeds of the bonds in anticipation of which ~said Note has bee~ issued; now, therefore, be it RESOLVED BYTHE TOWN-BOARD OF THE TOWN OF SOUTHOLD~ IN THE COUNTY OF SUFFOLKs-NEW YORK , AS FOLLOWS: ---Section i. The $27,000 Bond Anticipation Note For Land Acquisition- 1969.of~-the Town, hereinabove referred to in the Recital of the resolution, is hereby authorized to be redeemed on or before June 5, 1970,, to the extent of $14,000 from funds of the Town now available to said purpose, said f~nds~being a source other than the procmeds of the bonds ~n antici- pation Of which said Note was issued,-and the said amount of $14,000 hereby appropriated therefor. Section 2. This resolution shall take effect immediately. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Justice Edwards; seconded by Councilman Valentine; BOND anticipation NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 19, 1970, AUTHORIZING THE RENEWAL, IN PART, OF THE $27,000 BOND ANTICIPATION NOTE FOR LAND ACQUISITION-1969, BY THE ISSUANCE OF A NEW NOTE IN THE PRINCIPAL AMOUNT OF $13,000. Recital WHEREAS, the Town of Southold (herein called "Town"), in the County of Suffolk, New York, has heretofore duly authorized, sold and issued its $27,000 Bond Anticipation Note For Land Acquisition-1969, and has duly authorized ah~ redemption of the Note to the extent of $14,000 and it is now necessary and desirable to provide for the renewal, in part, of said Note by the issuance of a new Note in the principal amount of $13,000, now~ therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK~ AS FOLLOWS: Section 1. The $27,000 Bond Anticipation Note For Land Acquisition- 1969 of the Town, dated June 6, 1969, maturing June 5, 1970, subject to prior redemption, numbered 3R-l, heretofore duly authorized, sold and issued pursuant to the bond anticipation note resolution duly adopted by the Town Board on May 20, 1969, is hereby authorized to be renewed, in part, by the ~ssuance of a new Note ~n the principal amount of $13,000, s said da~ed June 6, 1969, having been heretofore duly authorized to be re- deemed from a source other than the proceeds of the bonds in anticipation of which said Note has been issued, to the extent of $14,000, all as here- inabove referred to in the Recital hereof, 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"). The maturity of said re- newal Note herein authorized shall not be later than one year from its date, and said Note may be further renewed pursuant to the provisions of the Law. Section 2. The terms, form and details of said renewal Note shall be as follows: Amount and Title: Dated: Matures: No. 4R-1 Interest Rate: $13,000 Bond Anticipation Note For Land Acquisition-1970. June 5, 1970 June 4, 1971, subject to prior re~emp~m Denomination: $t3,000 4.65% per annum, payable at maturity Place of payment of principal and interest: Supervisor's Office Greenport, New York Form of Note: Substantially in accordance wiry form prescribed by Schedule B, 2 of the Law. Section 3. Said Note is hereby sold to.the SECURITY ~ATIONAL BANK OF LONG IS ,LAND,~ Southold Office,~ Southold, New York, at the price of $13,000 to bear interest at the rate of four and sixtyjfive hundredths per centum (4.65%) per annum, payable at maturity, and the Supervisor is hereby authorized to delivDr said Note to said purchaser upon receipt of the purchase price, plus accrued interest, if any, from the date of said Note io the date of delivery. 3 Section 4. Said Note shall contain the recital of validit~ prescribed by S. 52.00 of the Law and shall be a general obl'igat~0~n ~f~.~he Town, payable as to both principal and interest by a general tax upon~all the ~a~able real property within the Town, without limitation~0f r~te amount_. The faith and credit, of the Town are hereby irre~ocably; p!ed~d to the punctual payment of the principal o~ and iDteres~ on said ~ote: and provzszon shall be made in the budget of the Town by paaropria%ion for the redemption of the Note to mature in such year a.nd for the payme_nt interest to ~e due in such year .... Section 5. Said Note shall be executed in the name of the.. own by its Super.visor. and the corporate seal of said Town shall be affixed thereto and attested by its Town Clerk. Section 6. This resolution shall take effect imm~diatelyj~ Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. ,.Adj~ournment. Albert W. Richmond Town Clerk