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HomeMy WebLinkAboutTB-12/08/1970 M~ET~NG OF DECEMBER 8, 1970 The Southo~d To~rn Boar~ met at the office of Supervisor. ~be~t-l~r~' tocchia, 16 South Street, Greenport, New York, on Tuesday, 8, 1970, wi~h the ~ollowing present: Supervisor Martocchia; CounC$1- men Valentine-and Rich; Justices Demarest and Suter; .Town Attorney Tasker; Supt. of H~ghways Dean and Town Clerk Richmond Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED: That the minutes of November 24, 1970, be and the~hereby are approved. Vote of Town B~d: Ayes-Supervisor~ Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter. Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That the next meeting of the Town Board will be held the office of the Supervisor, Albert.Martocchia, at 16'.Sou'th.St.,'~.~ Greenport, New York, on Tuesday, December 22, 1970, at-3:00..R~M~. ~ . Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen ~Valentine and Rich; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Councilman Rich; ~ ~ RESOLVED: Tha~ the reports of the~Building Inspectors, Board'of Appeals, Police, Justice Surer, Supervisor and Town Clerk for'the month ~f November, 1970, be accepted by the Town Board and placed on file. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valenti~ and Rich~ Justices Demarestand~Suter. Moved by.Justice.Suter; seconded by Councilman Valentine; RESOLVED: That Supervisor Albert Martocchia appoint Herbert Bo~ghton, Mattituck, New York, for the Position on the Fire Advisory~Boa~d of Suffolk County, representing the Town of Southold, for the 1971, a position Which he presently holds. .-%~.~ Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter Moved byJustice Suterr seconded by Justice Demarestr RESOLVED: That the following proclamation 'be adopted by the S~thol~d Town Board: '~' .. WHEREAS, 600 people-were killed or injured in holiday traffic accidents in-Suffolk County last year, and WHEREAS, alcohol is the greatest contributing factor in hi~hW~y'~.'- fatalities, particularly during holiday periods, a~d WHEREAS, the Suffolk County-Committee of ~raffic Safety B~ardS/is conducting a campa, ign during the holiday period of Dec. 21st tot Jan. 3rd, 1971 aimed at the probl.em of~ excessive use of ~lcohol, NOW, THEREFORE, I, Albert Martocchia, Supervisor of the Town of Southold, do hereby urge all of our citizens to drive and walk safely during the holiday season .so they may live ~o ~nj~y the~New~ Year. Vote of Town Board: Ayes-Supervisor Martocchia; C~unciTmen~ Valentine and Rich; Justices Demarest and Surer. Moved by Justice Suter; seconded-by Councilman Rich; · - - WHEREAS, Mabel Miles has applied to ~the Town Board for a single trailer renewal permit dated Dec. 7, 1970, NOW, THEREFORE, BE IT RESOLVED: That the application of Mable Miles to locate a single trailer on her property, Private Road, Mattituck, New York, be and hereby is granted for a period of six months. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter. Moved by Justice Demarest; seconded by Councilman Valentine; WHEREAS, a petition was received from Matthew Mullen, Cutchogue, N.Y. requesting a change of zone of certain property inmCutchogue, N.Y. said petition for a change of zone from "A" Residential and Agric- ultural District to "B-2" Business District, NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town of Southold be and he hereby is directed to transmit this application to the Planning Board in accordance with Section 901, Subdivision C of Article IX of the Building Zone Ordinance of the Town of Southold. Vote of Town Board: Ayes- ALL S49 Moved by Justice Demarest; seconded by Justice Suter; WHEREAS,~ Section 105 of the Town Law provides that.Town Officer~ and Emp~oy~-~s who receive and disburse monies ~ the Town shall account to the Town Board for all monies received and disbursed by them on or abO~t?~he~'28th day of December, but not later than the 31st day cxf De~em~'~'in each year· and . R~AS~' t~he own Board deems it necessary to engage a public accountant tO d annual account for all town Officers and employees, .~ B~ ~T RESOLVED: That the Town Board engage the services of a public accountant, to make the annual audit of the books, ffficers and employees of the Town of Southold, for the ~ ~on~tract fee.of $ )er~isor Martocchia; Councilmen Valentine and :~nd au%er. Moved Councilman Valentine; seconded by Couneilman Rich; ~h~ K~ghts 0f-Columbus~ Greenport, New York, Southold. American Leg] ~t~8~3~ and-S0uthold American Legion Auxiliary ~803, Southold, New ~ led to the Town Clerk'for Bingo Licenses,'and examined the applications and after invest- i~a~ ~indin~s and determinations as required by law, NOW~ the Supervisor be and he hereby is :itc execute ~n behalf of the Town Board the fihd s as required b~ law, and it'.is further ~i:Cl~rk be and he hereby is directed~to issue its.of COlumbus, Greenport, N.Y., Southold and~Southold American:Legion Auxiliary Post $~803. ard: iAy~s-SUpe~Visor Martocchia; Councilmen Valentine; ~es Demarest and Suter. Vo' and ~ich Move in~ is Vote an~" Suter;! seconded by COuncilman Rich; the Tax~:.iBill for 197071 for the former Telephone Build~ now owned by the Town of Southotd, be and hereby .amounting to,the sum of $21.65. -Supervisor Martocchia; Councilmen Valeniine and Suter. Moved!1] ment., T~wn:P Rules res' toe zon da~s for sari th~ h RESOh ~ote and t; s~conded by Councilman Valentine; Patrolman zn the Southold Town Police Depart- automobile accident while operating a SouthOld ing damage to said vehicle and disobeyed' certain lice caused an znvestigation to be made with ~es and has made a report thereof~ to the Town Board · and lice has advised this Board that at the conclus- he informed Patrolman. Fitzpatrick that he ~Board that Patrolman Fitzpatrick forfeit two and Regulations and one day compensation: .rther advised this Board that Patrolman'_Fitz- .per in writing, wherein he has. waived any and to a hearing before the Town Board'.concernlng ~e~ to accept the forfeiture of two days compen- iulations and one day for the accident if the ~ief of ~Police is. accepted by the Board, IOLVED: That this Board does hereby accept %~e Chief of Pol;~e concerning the aforesaid Patrolman Fitzpatrick and it is further ~h Fitzpatrick forfeit three day compensation. Ayes-Supervisor Martocchia; Counci'lmen Valentine ~i~es Dem~est and Surer. Moved .~y ~ice Demarest; seconded ~y Councilman Valentine; RESOL~Di--''i~h~ Police Chief Carl Cataldo be and he hereby is authorized to adU~gi~D for bids for five (5) marked police cars and one (1) un- marke~ DOCile car for use by the Southold Town Police. Vote p~ !T~ .Board: Ayes-Supervzsor- Martocchza; Counczlmen Valentzne and R%~'; .,~us.tmces Demarest and Suter. 850 Moved by Councilman Valentine; seconded by Councilman Rich; RESOLVED: That Supervisor Albert Martocchia be and he hereby is a~horized to sign the following contract with the Village of Greenport ~o~ ~st~ West Fire Protection District, Town of Southold, New York: · ~ ~ WHEREAS, there ~as been duly established in the said Town a fir%~pr0tect- ion district known as "East~est Greenport Fire Protection Distric~~ ~T0Wn of Southold, New York", hereinafter designated as the District~ ~m~ac~£ng territory in said Town adjacent to the said Village as such territory is more fully described in the resolution establishing such ~istri~t~D~ duly adopted by the Town Board of the ~own of Southold on the 14t~ ~y of November, 1945, and WHEREAS, following a public hearing duly called, the said BoardWalk,s.. authorized a contract with the Village for fire protection to~.ths p~s~ict upon the terms and provisions herein set forth, and ,:f,~:: WHEREAS, this contract has also been duly authorized by the ~o~ndBoard of Trustees and the Mayor of the Village, NOW, THEREFORE, the Town does engage the Village to furnish fire,pror _~. tection to said District and the Village agrees to furnish such ~ro~ tection in manner following, to wit:- 1. The fire department of the Village shall at all times du~i~g.~t~e period of this ~reement be subject to call for attendance upon ~ny fire occuring in such district, and whn notified by alarm, or tgiephg~e~a%l from any person within the District of a fire within the District, such department shall respond and attend upon the fire without delay with(~ minumum of three pieces of apparatus and suitable men, ladder~,~Pu~mp%~g~ and hose apparatus~of the Village and upon a silent alarm or some. other. alarm rather than a general alarm, with such men and apparatus as s~all be deemed suitable by the Chief of the Fire Department of the V~llage or his subordinates in authority. It is understood and agreed by the parties hereto that the furnishing of the apparatus of the Village Fire Department and the response ~y the firemen shall be subject to the order of the Chief of the Fire Depa~gent of the Village, or his subordinates in authority who, in their discretion in the event of any emergency as, for example, another fire at ~he same time, in the said District or in the Village, may designate s~ch men and apparatus to any particular fire as may deem necessary. Furthermo~e,~ the said Chief, or his subordinates, in authority, shall have absolute discretion as to the sending in of additional alarms and calling in responses to a fire department of other districts. ~ ~:~. 2. In consideration of furnishing aid and the use of its appara.tus as aforesaid, the Village shall receive the following sums forthe-.years so indicated . ~ ~ · 1971. $11,100.00 1972 11,900.00 1973 ................. 12,700.00 1974 ...... ~ .......... 13,500~00 197~ 14,300.00 -- Such sums shall be p~able by the. Town ~ach year during the term of this contract, and shall be ~ayable on. or before the 1st day of February of each:~year. 3.'All moneys to be paid under this agreement shall be a charge upgn the said District, to be assessed and l~vied upon the taxable p~op~ty in said.District and coltscted with the Town taxes; to be liste~._~separate- ly on ~ax bills and not combined with charges for Hydrant Re.ntal~ ~ 4. Members of the fire department of the Vilta~e, while engagedin.-% the performance of thei~ duties in answering, attending upon o~-~u~ning from any call proveded for by this contract shall have the same rig~s,: privileges and immunities as if performing the same duty in said-Village. 5. This'.agreement shall continue for a period of. five (_5) .ye~s~ commencing February 1, 1971. ,: Vote of Town Board:Ayes-Supervisor Martocchia; Councilmen .Valen~in~ and Rich; Justices Demarest and Suter. Moved by Justice Demarest; seconded by Councilman Valentine; .BOND RESOLUTION OF THE TOWN OF S0UT~OLD, NEW YORK, ADOPTED DECEMBER 8, 1970, AUTHORIZING THE TOWN TO PARTICIPATE WITH THE COUNTY OF SUFFOLK, IN THE JOINT PROJECT OF CONSTRUCT- TING THE GRAND AVENUE BRIDGE, IN SAID TOWN, AT AN ESTIMATED MAXIMUM COST OF $~1,000, APPROPRIATING $50,000 TO PROVIDE THE TOWN'S SHARE OF SAID COST AND AUTHORIZING THE ISSUNANCE OF $50,000 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. Recital WHEREAS, athe Town Board of the Town of Southold (herein ca~led "Town"), in the County of Suffolk, New York, and the County of Suffolk have heretofore duly agreed to jointly construct the Grand Avenue Bridge, in the Town, and to share in the cost thereof, and WHEREAS, it is now necessary to provide for financing the Town's share of the cost of sa~d specific object or purpose; now, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOW~ OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by a favorable vote of not less than two-thirds of all the members of s~id Board) as foilows: Section 1. The Town of Southold is hereby authg~eddto participate with the County,.of Suffolk in the joint project of constructinq,~he Grand Avenue ,Bridge, in the Town, including constructing of retaihing walls and apprga~he~_thereto, and acquisition of land and rights in land. The estimated maximum cost of said specific object or purpose, including pre- liminary~costs and costs incidental thereto and the financing ~h~reof, is $410,000. The amount of $50,000 is heresy appropriated to provide the Town's share of said cost, The plan of financing includes the expendit~ ure of $360,000 by the County and $50,000 by the Town, and with respect to saSd appropriation, the issuance of $50,000 serial bonds of the Town and ~he.~.l~y of a tax upon all the taxable real property in the Town to pay ~h~ p~incipal of said bonds and the interest thereon. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $50,000, 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 said approp- riation. Section 3~ The following additional matters are hereby determined and stated: (a) The period of the probable usefulness of the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. ~ ~ethe Law, is twenty (20) yearS, b~t the maturity of said bonds shall not exceed five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior any notes in anticipation of the sale of such bonds, pursuant to Section 107.00 d. 4 of the Law. Section, 4. Each of the bonds authorized by this resolution and any bond anticipation notes~ issued in anticipation of the sale of such bonds shall contain the recital of balidity prescribed by S.52.00 of the Law, and said bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Town, and shall be payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation or rate or amount. The faith and credit of the Town are hereby irrevocabl~ pledged to the punctual payment of the principal of and interest on said bonds and provisions shall be made annually in the budget of the Town by appropriation for (a) the am~ortiza~ion and redemption of the bonds to mature ~n 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 pursuant to Section 30.00 relative to the authorization of the issuance of bond antic- ipation notes a~d~of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to prescribing the terms, form and content and as to the sale and issuance of the bonds authorized by this resolution and of any notes issued in anticipated of said bonds, are hereby delegated to the Supervisor as chief ~iscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose fo~ which the town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit"or proceeding contesting such validity is commen~ed~ithin twenty days after the date of such publication~ or (c) such obligations are a~thorized in violation of the provisi0nD~0f the constitution. Section 7. This resolution shall take effect immediately, Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen ~alenti~& and Rich; Justices Demarest and Suter. Moved by Justice Suter; seconded by Councilman Valentine; P~ESOLVED: That the Town Clerk be and he hereby is directed to request the Long Island Lighting Comply to install one 1'75 MVOH street light on NYTCO pole ~15 Breakwater Road, Mattituck, N.Y. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Surer. Recess was called at 3:30 P.M. and reconvened at 4:15 P.M. Moved by Justice Suter; seconded by Councilman Rich; - RESOLVED: That ~;000.00 be and hereby is transferred from surplus to Building and Construction Account',, which includes Highway Building,?~Te~te-~ phone Building recently purchased by the Town and work on Traveler'<Street, Southold, N.Y. -: 1 Vote of Town Board: Ayes-sSupervisor Martocchia; Councilmen~ Valentine ; and Rich; Justices Demarest and Sut~r. · ~ Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED': That Raymond Dean, Supt. of Highways, Town of Southold, be an~' he is hereby authorized to advertise for bids and purchase from til~& lowest responsible bidder one Second hand 1½ ton Dump truck, the sum not to ~xce'ed $3800.00. ' Vote of Town Board: Ayes-~upervisor Martoechia; Councilmen Valentine and Rich; Justices Demarest and Suter. - Moved by Councilman Rich; seconded by Councilman Valentine; RESOLVED: Tha~ SuPervisor Albert Martocchia be and he hereby is authorized to sign the wage contract between the Police Benevolent Associationland the Town of SDuthold as prepared by Town Attorney Tasker and agreed Upon by the Police. Benevolent Association and the Southold Town Board. - Vote of Town Board: Ayes-supervisor Martocchia; Councilmen Valentine~'~' and Rich; Justices Demarest and Suter. Moved by JUstice Sut'er; Seconded by Councilman Valentine; RESOLVED: That General Bills in the amount of $18,817.29; Lighting District Bills in the amount of $2,2'43.23; Fishers ISland Ferry District Bi~lls~in the amount of $13,385.87 and Highway Bills in the amount of $7,290.'41 and the same are hereby ordered paid. Vote of Town Board: Ayes-supervisor Martocchia; Councilmen Valentine ~ and Rich; Justices Demarest and Suter. ' ~ Moved by Justice Surer'; seconded by Councilman Rich; RESOLVED: That the following transfer of monies be made: To Personal services-Supervisor From Supervisor-other expense To Town Clerk-personal services Fr.om Town Clerk-equipment Fr~om Contingent $288.91 444~91 fro~ $ 288~91 $ 288.-91 200.00 245.91:~' To ~ssessors-personal services From ~ontingent 116.96 To Town Trustees-personal services 25.00 From Town Trustees-other expense 25.00 353 T~Dog Warden-other expense Fro~ Dog Warden-equipment From Comtingent · o Reserve for Buildings & Construction To Car for Supervisor To Airport-other expense To Public Refuse disposal-other expense From Public Refuse disposal-equipment To Parks & Beaches-personal services From Parks & Beaches-other expense To Libraries From Unexpended surplus To Welfare Burials From Unexpended surplus To D~bt Redemption From UnexPended surplus To Conservation~shade trees From~Unexpended surplus To Leg~l_&-Engineering fees From Unexpended surplus To Other~Insura~ce & ~Bonds From Unexpended surplus To Options, ~uilding & Land To Audits~ To Parking Lots To 'Sales Tax - To Park Districts . 3!~ ?~ . To.~raveler Street extension To Bulkheading To House Numbering TO Wa~er?D~strict From ~u~expended surplus To Board of Planning-personal services To~Rlan;ning Board -other expense To Building Dept.-personal expense. Fro~BU'itding Dept.-other expense To ~Ke~i~t~r o~ Vital Statistics-personal To Employees Retirement Fund To Legal:~& Engineering fees To Insurance-Workmen's Compensation To Other Insurance & Bonds To Burning Permits To Rail-~oad Bridge - From~n~xpen~ Ba~lance $377.~74 $100.00 277.74 20,000.-00 3,374.86 145.32 5,448~92 1,000.00 1,253.25 1,253.25 6,000.00 7,969. 10 6,000.00 245.00 245.00 700.00 700.00 1,560.00 1,429.66 1,560.00 1,429.66 3,526.03 3,~526.0'3. 9,9~2.00 500.00 5.00 ~57.1~ 197.75 12.92 5,850.00 350.00 197.75 $64,280.11 39,442.55 $64',280~.1t- 1, 0-05.33 3,668:94 11.00 4~50,00 1,708.00 1,247.00 384-~94 7,155.00 112.'80 5,6~ 58. $21,362.59 , 11/00 21,351-.59 $21,362.57 Vote ~o~ow~oar~: ~ye~:-Superviser Martocchia;~Councilmen Valentine and Rich; Justices Demarest and Suter. Adjournment. :-- : Albert W. Richmohd~