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HomeMy WebLinkAboutTB-07/06/1971 SOUTHOLD ,TOWN BOARD MINUTES " Meeting of JulV 6, 1971 The Southold Town Board met .at the office of Supervisor Albert M. Martocchia., 16. South Street, Greenport, New York, .,on .Tuesday, July 6, 1971 at 3 :00 P.M. with the following present: Supervisor Albert M. Martocchia, Councilman James H. Rich, Jr. , Councilman Howard C.. Valentine, • Justice Martin Suter, Justice Louis M. Demarest, Town Attorney Robert W. Tasker, Supt. of Highways .,. Raymond Dean, and Town Clerk Albett W. Richmond. Absent: Justice. E. Perry, :Edwards,. A public hearing was held on the 6th day of July, 1971 at 3 :00 P.M. , at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York., for. the purpose of considering the taking over of Gin Lane,.,,B_ay Haven Lane, _ Midway and Watersedg.e. Way, on a certain map entitled "Bay Haven at Southold, Town of Southold, Suffolk County, New York,",; filed in the Suffolk County Clerk' s Office, on January 22, 1959 as Map No. . 2910,, All interested, persons were given an oppor- tunity to be heard. Only. one person spoke, Mr. Clarence, B: Maguire, attorney acting on behalf of...the .people. of Bay Haven, requesting the taking over of the .roads. Mr.. Maguire wished to thank Town Attorney Tasker and Highway Superintendent Dean for their cooperation in this matter. .. . Moved by. Councilman Valentine, seconded by Councilman Rich, it -was RESOLVED: That the next meeting of the Town Board will be held at the .office of. Supervisor Albett M. Martocchia, 16 South Street, Greenport, New ;York, on July 13 , ,1971 at 3 :00 P.M. Vote .o,f the Town .Board: . Ayes: Supervisor Martocchia, .Councilman Rich, Councilman .Valentine, Justice Suter, Justice .Demarest.' Moved by Justice .Demarest, seconded by Justice Suter, it was . RESOLVED:. . ,That the minutes of the June. 22, 1.97.1- meeting and special meeting of June 29, 1971 be and they hereby are approved. Vote .of the .Town .Board-:., Aye: Supervisor, Martocchia, Councilman.. . Rich, . Councilman Valentine, . Justice Suter-,--:Justice Demarest,'::: Moved by Justice Suter, seconded by , Councilman Valentine, it-. was RESOLVED: That the reports of the Building Inspector, Justice Suter, Supervisor Martocchia; and Town Clerk for the month .of . . June 1971, be.. ac.cep.ted by... the-;,Town Board and placed. on- file. Vote of the Town Board: Ayes :- - :Superv.isor:Martocchia, Counci.lman. Valentine;,, Councilman .Rich, Jus.tic.e Suter, Justice Demarest.:. _ Moved by Justice Suter, seconded by Councilman Rich, it was RESOLVED: _., That the. Southold Town- Board approves- ,the, action. of- the Fishers Island. Ferry District in the hiring of the following, employees for the summer operation of the theatre and ferry.:. Theatre Edwen_ Horning Cashier $73 -per: week, Fishers Isl N.Y. Ernest Middleton Recreation Leader $11. 25 per show, Fishers Isl. , N.Y. J. B. Hartsfie,ld.. ..Recreation,.Leader . ,,$11..25 -periahow:,- Fishers Isla, N.Y. Edmond White Clerical Aid $ 7.30 =per show, , Fishers ' Isl. , N.Y. Maintenance—Grass Cutting Grounds Arnold -Vowles Maintenance-Man $4.-.50, per-hour, Fishers Isl. , N.Y. -New-London� --Deck Donald Sweet Watchman. . _ . . . .$90..00 per week, 416 Fitch Hill Road, Uncasville, , Conn. Office-Fishers Island, N.Y. Patricia-C. Sinclair. Clerk-Part-Time $2.°50 'per ' hr.',Fishers Isl. ,NY BE IT FURTHER RESOLVED: That all of these employees are needed and are eminently qualified in the positions indicated, and- should' be engaged by the-Fishers Island Ferry District effective June 23, 1971 .and- at the compensation so specified. Vote of the Town Board: Ayes : Supervsor -Martocchia;- Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. ,Moved by Councilman Rich, seconded by Councilman Valentine, it was RESOLVED: That Supervisor Martocchia be and he hereby idlauthorized to sign a- lease for a -parking lot---with -Griswold-Terry-Glover Post, Southold, New York. Vote of the -Town Board:... Ayes: Supervisor Martocchia, Councilman Rich, Councilman Valentine; Justice Suter, Justice -Demarest: Moved by Justice Suter, seconded by Councilman Rich, it was RESOLVED that Frank Kujawski; Jr. ; '-Mattituck, New York, be and he hereby is appointed a member of the Southold Town -Conservation Advisory Council for a two -year term, to June 1, 1973, in place of Barney Sidor, 'whose term expired. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman �Va-lentine, -Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded -by- Councilman Valentine, it was RESOLVED that Charles Meyer; Southold, New York, 'be and hereby is appointed a member of the Southold Town Conservation Advisory Council for a two year term, to expire June 1, 1973, i'n' place- of - C. W. Booth, whose term expired. Vote of .the- Town•Board: Ayes : Supervisor Martocchia, 'Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest.' `- Moved by Justice Demarest, seconded by� Coun'cilman Rich, it was RESOLVED that Police Chief Carl Cata'ldo, Town of• Southold; be and he hereby is authorized to attend New York State Police Chiefs Conf.er•ence at Rochester; . New York, July 25, 26, 27, -28; "29, 30 1971, .And be it FURTHER RESOLVED that the actual and necessary 'expenses to travel';' meals and lodging incurred while attending said conference be a legal charge against the - Town- of Southold. Vote of , the Town Board: Ayes : Supervisor Martocchia, Councilman - Rich, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Valentine, 'it was RESOLVED that the restrictions on the selling and taking of-'fill from the Town Disposal Area- be lifted's Unlimited amount to be sold at $ . 75 per yard plus tax. Sand pit to be open Monday through Thursday. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Valentine;.' Justice DetharoipsEusNayf.-� UuuticeitSuter. hE oved_by Councilman Valentine, ' seconded by Justice Suter; WHEREAS, a. written petition dated March 15 , 1971, was duly filed with this board requesting the permanent improvement of highways in this Town known as : All those certain lands at Bayview in the Town of Southold, known and designated as ,Gin Lane,-, Bay Haven Lane; 'Midway and Watersedge Way on a, certain map entitled "Bay Haven at Southold, Town of Southold, Suffolk County, New York" filed in the Suffolk County Clerk'.s Office on January 22, 1959, as Map No. 2910. WHEREAS, said petition was duly signed by owners of. real estate owning real estate to the , extent 'of at least one-half of - the -entire frontage or bounds on both side of such highways and also-. signed by resident owners- residing- in or along -such highways, and WHEREAS, the said petition was duly acknowledge or proved as to each signer in the same manner as required of a• deed to be recorded, and WHEREAS, - at a meeting of said Town. Board duly .called and held on June 8, 1971, an order was duly adopted by it and entered. in its minutes-, reciting and filing of such petition,- the improvement proposed and- the maximum amount proposed to be expended for the -improvement as stated in such petition:, to wit, the sum of $10, 500.00, and specifying that the said board would meet to consider. the petition and hear all persons interested . in the subject thereof . concerning the same, at the Supervisor ' s office, 16 South Street,_ Greenpor-t-; in said -Town on the 6th. day of July, .19.71, at 3 :00 P..M. , and- . . 1 11 , WHEREAS, the said order, duly certified by the Town .Board, was duly published and posted as required .by law, - to wit, a duly certified copy thereof was. published in- the "Suffolk Weekly Times", the official paper- of this Town on June. 18, . 1971, and copies of such order posted conspicuously in' five public places within the district, .on June- 18, 1971, and WHEREAS, •a hearing was duly held- by this Town Board at the place and on the date and time here-inbefore mentioned, and at such: place and time-, the- said _Town Board did duly consider_ the said .petition and hear all persons interested,, - NOW, THEREFORE, after such hearing- arid. upon the. evidence given thereat and pursuant- to- the-provisions of Section 200- of the Town Law"of the - State- of! New- York-, it= is hereby. RESOLVED, that this board• does hereby= determine: that- i-t! i,s'-- in.-, the - public interest, to make-the improvements petitioned for; to, wit_:. The permanent pavement• of the.• same and•- the cons•truct.ion of such curbs; gutters; catch basins and drainage- fac-ilities. as may.. be:• necessary, and it is further = = RESOLVED that Lawrence M. Tuthill, as engineer for-this Town, shall' -prepare definite- plans and spec-if•ications and make a .care= ful estimate of the expenses for the-performance of. the work; . and it- is further' , RESOLVED that Otto- Van, Tgyl= & Son; •Givil Engineers who are hereby employed for:-that purpose shall->-survey said- highways and establish the lines and 'grades thereof and such survey and a. .profile •of: the grade sha-11 be filed in the.-Town:-Clerk 's Office;- and: it is.-.further RESOLVED that upon the completion of . the aforesaid, plans, specifica- tions; estimate of expenses;• survey and: profile of . the- gradessthat the Superintendent of Highways perform said work by using regular highway -employees and that• the cost: thereof -to be, deemed =a part of the expense of the improvement.. Vote ; of--the.- Town' Board:-,: Ayes : Supervisor, Martoccha;,_.Councilman Rich, Councilman Valentine, -'Justice. Suter; .Justice. Demarest Justice Demarest •offered- the following resolution and moved its adoption:- _ %. Bond= Resolution`: of the_ Town •of. Southold, New-York; Adopted-.-.- July 6, ,'1971, Appropriating- $10, 50&_00. for the Improvement- - Roads,. -in said Town, •Stating the. Estimated Maximum Cost-thereof, $10,,500. 00 : and'-Authoriz•ing the Issuance of- $10,500.•00: Serial Bondsodf the Town to: Finance said Appropriation. Recitals WHEREAS; following. receipt o.f,,a. :peti.tion;;in,; dues form, : a,; public hearing duly called and held;. for tb_e_ .improvement of_; the_ existing highways known as Gin Lane.,, Bay Haven Lane, Midway and, Watersedge Way (herein-,called. '.'.Improvement".c- and "Streets", -. respectively) in the Town .of. Southold (herein called ",Town") , in the. County. of Suffolk-, New York, by the...permanent pavement: of the samd., and the construction of such curbs, gutters, catch basins and drainage, facilities as may -be ne.cess:ary„-_.at. an, estimated .maximum. cost. of the Town Board-,of the Town determined pursuant to resolution duly adopted on . July 6, 1971, that the notice of such., hearing: was •published and .posted as required by- law., and. is, ,otherwise sufficient and that it is in the public interest to- make the -Improve- ment pursuant to the definite: plans, spec fications .and es-timate of cost, to. be_ prepared. by the_ ,Town, Engine_er_; ..now., therefore,. be.. it. . RESOLVED BY THE TOWN BOARD OF- THE- TOWN OF SOUTHOLD IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the-- members -of said .Board) , - AS FOLLOWS,: SQction. .l. The .Town. hereby_ appropriates_ the amount of $10., 500. 00 for:.-the- perman-ent. pavement .of Gin Lane. ,.. .Bay,, Haven Lane_, Midway and Watersedge Way and the construction of such curbs,. gutters, catch basins,_ and drainage facilities as. may..be necessary on and. along the Town Highways in the Town, all in accordance with the map, plan and- -specifications and. .estimate of cost .prepared by .the Town Engineer, hereinab.ove..: referred to in the Recitals hereof hereby approved. The estimated maximum cost of., said- s.peci,fic object or purpose,.. including preliminary costs and costs: incidental thereto -and the financing. :thereof,. is $10, 50.0. 00 - and_ the. plan of. financing includes the. is.suance. of serial. bonds . of the. Town in the principal amount of $10, 500.00 and the assessment, levy and _collection of assessments from .the.. several lots and. :parce.ls of land. which the Town Board shall deem especially benefited hereby.. to . pay-_the principal of said. bonds and. t1he..interest. .ther,eQp so- much upon :and from .each as shall be in just proportion to the amount _of ,benefited which the Improvement shall confer upon the same. , S.ection .2. To finance such .appropriations, serial bonds of the-Town are. he-reby authorized. to, be issued_ in the princ- •pal ,amount of $10,500_. 00_.pursuant to .the provisions ..of, the; Local Finance Laa, constituting Chapter 33-a of the Consolidated Laws of the_ State.. of New York (.herein. called .".Law") . Section 3 . . The period of. probable usefulness of the specific object or purpose. for which the bonds authorized -pursuant. to this res.olution. are :to- be issued,. w1.,thin. the limitations of Section- 11.00a. 2.0.. of the Law, is five (,5_) yyears.._ (.. .)_ Current, funds :are . not. required to be provided, prior to :the issuance of the bonds authorized pursuant to this ,resolu.tion, or any bond anticipation notes ..issued in- anticipation the_eof,, pursuant to the provisions of Section 1077000of- th.e. Law. . . ( ) The.:proposed maturity .of the .bonds, author.lzed .pur-suant to this resolution may: .exceed five (5) _ years.. Section 4. Each of the bonds authorized pursuant to this resolution,, and any notes- issued. in anticipation thereof, shall contain the recital of validity prescribed by #52.00 of the_ _Law,: and said bonds and., any.. notes issued in anticipation .of, said bonds shall be .general obligations,, of the.' ,Town, ; payable_ as to both principal and interest b.y g.e.neral tax upon a,ll the •taxable real property within the To without limitation,.of rate or amount. The faith .and credit. o' the Town are-: hereb y ,irrevocably pledged to the punctual payment of the principal of and interest "on said bonds and provision shill be made anhually in the budget of the Town by appropriation Eor (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. Pursu nt to the provisions of this resolution and pursuant to the provisions of #30.00 relative to the authorization of the issuance of bonl anticipation notes and of #50 and #56..00 to #60. 00 of the Law, the powers and duties of the Town Board l-� relative :to prescribing. the :terms, form and contents and. as.- to. the • sale and issuance of said .bonds and any notes issued: in anticipation of said bonds, or the renewals thereof, are hereby delegated to the Supervisor, the chief; fiscal officer of the Town. - Section G. - The validity of- the bonds- authorized pursuant to this' •resolution may be contested only if: Ja) ' 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 which should be complied with at the date of publication of- such , resolution, are not substantially complied with; and an action, suit or proceeding contesting such validity, is - coinmenced' within twenty days after - the date of such publication, or i(c) Such obligations are- authorized• in vmblation of the provisions of the constitution. Section- 7. • This - resolution shall take effect 'immediately. - The adoption of the foregoing resolution was : seconded by. - - Councilman -Valentine and duly put to a vote on roll call.; which-: resulted as follows : - Ayes : Supery sor, Martocchia,, Councilman. Rich, Councilman Valentine, Justice Suter, Justice Demarest. . Noes : None- The- resolution- was declared unanimously• adopted. � Councilman Rich offered- the.-following resolution and moved,- for 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- of the . Town of Southold, in the County-: of -Suffo-lk,: New- York, is-; here-by� direc-ted to publ-ish. ,the foregoing- bond .resolution, in full in the: '"SUFFOLK, WEEKLY. TIMES:, " a newspaper published in the Town of -Southold, : New York, and having a , generals circulation in- the Town, wh-ich•. newspaper is hereby . designated: as-. the- ..off-icia-l-, newspaper of, the, Town- for such publica- tions, .together- with-.•the• Town .Clerk 's statutory- Notice- in substantially the .form as..prescribed'by.: Section 81.�00':of: the Local:,Yinance Law of the -State-..of:.-New York. - - Sect-ion- 2. This resolution shall take effect -immediately. , The adoption ,of the. foregoing -resolution, was seconded by , . - Justice Suter and duly- put to a vote on -roll call, .resulted= as- fol-iowsr : Ayes-:, Supervisor-. Mar:tocchia., Councilman Rich-, . Councilman Valentine, - Justice,.Sute ;•=.Justice Demarest.The resolution was declared unanimously adopted. Moved by `Justice- Demarest, seconded by-. Councilman VaLentine, Consent of ;Town- Board to-: Proposed- Town Highway:-• In-,the- Matter of the Laying-.,o it of certain-., ,town highways , in, the, ,Town-::of,,Southold, County of Suffolk and State of New York-, known as•.Gin Laney. -Bay : -Haven- Lane, 'Midway, and, Watersedge Ways UPON READING-AND- FILING -the application of Surfline Corporation dated and acknowledged June 28, 1971, . and the .dedication :and release of Surf line- Corporation dated! June .28;­1971, and' duly,•adknowle,dged, dedicating• and releasing- the necessary: `lands for proposed Town. highways::.to' ,extend from Main: Bay. View -Road through; -the- lands •of : the said- Surfline Corporation, RESOLVED, that, in accordance with the .provisions of Section- 1.71 of the- Highway.. -Law,,of the State of New -York, consent be and the same hereby •is, .given the-. Town ,Superin'tendent of Highways of-. the- Town of Southold make an order laying out the aforesaid town highways, the said town highways to consist of the lands described in•. the, said. dedication and release and to extend as delineated upon the map hereto annexed•, , and: it- is :further RESOLVED, that the-- Town.-.Clerk be and he hereby is directed to forthwith cause such release to be recorded in the Office of the Clerk of the County of Suffolk and, upon itss return, tQ attach it hereto. Dated, July 6, 1971. Town Board of the Town of Southold, County of Suffolk, New York. Vote o*f' th6- Town Board. , Ayes : .. Supervisor Martocchia, :Councilman Rich, -COtin'(t'll:maii"' Val'ienti'ne,, Justicd,,Suter, Justice ; Demarest: Moved by Councilman `Valentine, seconded- by Justice _Suter,-.,, WHEREAS",' the' "Social Welfare Lax4' requites. -that- the social.',s.ervices official of a county, city:, 'or ' town' shall-,provide for the-establi-sh- ment of', a publid' 'wD'rk" project for the',assignmefit of employable persons 'in receipt' of homerelief-and' employab-le parents - and other eligible relatives receiving aid to dependent children,. be assigned to pdkf6.tm ,work for '6,uich' .66unty, 'City, town,, or for the state as such persons are able 'toperform exclusive- of- any work ordinarily performed by regular employees of such county, city,,!- town­or, state, or by craft- bt' trade 'in: *priVate employment and`. -1 - . . I WHEREAS, Chapter -101" of the -Laws of' 1971-, requires- that- the- social services- official- of the -Town- shall- pro' vide for' the establishment of public work projects, NOW THEREFORE IT,I IS* RESOLVED' -that' .the social services official of the 'T6wn of 'Southbld* be and he hereby is authorized and' directed to provide for"the establishment 'of pUblJ_6 work projects' fore `the­ ': . 1 ;se forth purpos set" 'ih"Chapt-er 101, of tho-Laws' 'of 197 1,,-::and--:it !is, further. . .. - ' - : " - .:­ . .1 : -_1. RESOLVED that said social welfare official of the Town' of= Southold be and he here'by­ ­is­ authot-ized `to perform acts" authorized---by said law. Vote--of' the Towh Board: - Ayes-: - Supervisor Mart6cchia, •Councilman Valentine, Justice Suter, Justice Demarest, Councilman Rich. Moved by Justice Demarest;, .S" ec' onded by Cbundilman',Rich. WHEREAS, the Chief of Police has applied for a .gran't .under the High�4ay Safety fety Act and said applicatioh' has been approved and . , the' -Town 6f' Southold is,- to receive a grant. pursuant thereto -,in--, the amount of' $2, 355.60, .' and WHEREAS', ih 'order to receive said grant the Town of S:outhold :must enter into -an aqreement':with 'the Interdepartmental Traffic- .Safety Cbmmittee acting' ori' b6half' of the :State' o-f- New York'; NOW, THEREFORE, - BE IT. RESOLVED-, that- the,'Supervisor 'be- and 'he hereby is authorized and directed to execute. an_ agtee'ment, with ,%:' said 'Intdrdepartmental Traffic Safety Committee for' Highway' Safety Projebt', Nb­.' AL' 71-025''enti,tled "TEAP* Traff c­tnforc ement Assi'stari6e Project Part II' Vote of the y"Tow'n Boatd--.. Ayes :' Supervisor` Marto dch ia,' -Councilman-1 Rich, Councilman Valentine,' Justice Suter, - Justice- -Demarest. Moved by Justice Demarest, seconded by Councilman Rich, WHEREAS-,,I :the' 'Chief of Police has applied- for a grant' urider- theT-, Highway Safety Act and' said application has been'-'- approved :and, tl�& T6w' n of 'Southold is to receive a grant :pursuant thereto­in,. ': the amount of '$3-, 516.,76 acid WHEREAS, in order to receive •said, qrant' _the .Town­of Southold,:,must enter intd' an agr:eidment' 'with� the: Ihterdepartmen''tal -,Traff i6 -Sc-if'ety Cdmmittee' adtin'41on behalf of :the State' of New:York-, NOW,- -THEREFORE,'. BE IT. RESOLVED, that ,the: Supervisor :be and' *he hereby is--'authorized 'and directed 'to 'execute an agreement- with- said "Interdepartmental Traffic. Safety Co'fn�iittbe'- for" Highway--.'Safety Project No. PT-71-049 (001) entitled "TEAP =' Tra-ffic - Enfordeffient, Assistance 'Project- Part 'III. 'Vote of the- Town, Board-. . Ayes :. ' Supervisor Martocchia, Councilman Rich,-' Councilman- Valentine, Justice Suter,'. Justice Demarest. `­ Adjournment at 4,:15*,*P:M.' Albert W. Richmond'-. Town Clerk'