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SOUTHOLD TOWN BOARD MINUTES
Meeting of December 21, 1971
,
The Southold Town Board met at -the office of Supervisor Albert M.
Martocchia, 16 South Street, Greenpor-t, '.New York, on Tuesday,
December 21, 1971 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, Esq. , Superintendent of Highways Raymond C.
Dean, and Town Clerk Albert W. Richmond.
Absent: Justice E. Perry Edwards.
Moved by Justice Demarest, seconded by Councilman Rich,' it was
RESOLVED: That the Organization Meeting of the Town Board of
the Town of Southold will be held at the office of Supervisor
Albert M•.. Martocchia, 16 South •Street, Greenport, New York, on
January 4, 1972 at"2 :00 P.M.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice: Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Valentine, it was
RESOLVED: That the minutes of December 7 , 1971 be and they hereby
are approved.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice: Suter, Justice Demarest.
Moved by Justice Suter, seconded by Justice Demarest, it was
RESOLVED: That Supervisor Albert M., Martocchia appoint Herbert
Boughton, Mattituck, New York to a position on the Fire Advisory
-Board of Suffolk County, representing the Town of Southold, for
the year 1972 , a-- position=•which+ Mr.- •Boughton presently-holds'.
Vote of- the Town Board r' Ayes : Supervisor- Martocchia, Councilman
Rich; Councilman Valentine, IJustice Suter;, Justice Demarest.
Moved by Justice Demarest, seconded by- Justice- Suter., it was
RESOLVED: That the Southold Town Board hereby re-certifies
Francis -J. Yakaboski, Esq. , Howard M. Finkelstein, Esq. , and
Allen M. Smith, _'Esq. :'as Sbbcial Assistant, District Attorneys
for the Town of.-Southold effective January 1, 1972 .
Vote 6 the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich,. Councilman Valentine, - Justice Suter, ,Just•ice: Demarest.-
Moved by Councilman Valentine,••seconded.- by• Councilman. Rich-,t.-.-
WHEREA-S the Cutchogue F-ire •Department has •requested -permission
to place a fire siren at the Town Disposal Area, Cutchogue, New
York,
NOW, THEREFORE;. BE- IT, RESOLVED: - That: the Cutchogue Fire--Department
be granted permission to place a fire siren at the Town Disposal
Area, Cutchogue-, New York-:
Vote -of the `Town' Board,: - Ayes : ':Supervisor Martocchia; Councilman
Rich, Councilman Valentine; Justice Suter, Justice Demarest.
Moved by- Couhcilman s Rich;..seconded, by Justice:�Demares,t; r
WHEREAS, R. A. McCallum, Inc l.was the lowest bidder for 300, 000
gallons of special gasoline (or as much as may be required), .
NOW, "-T- HEREFORE-; BE: IT.•RESOLVED,:, I'That"Supervisor, Albert M. • Martocchia
be- and he hereby-:is directed-to. enter into: a contract, with. R1. A.
McCallum, 'Iric.. for.- the. purchase of 300;000- gallons ,of special
gasoline -(br' as -much as:,is- required,).,,-) at.-the price- of. . 1485_.per
gallon, for the�use of the Police; •Highway .and all.: other: Town cars.
Said contract for a period from October 1, 1971 to September 30,
1972.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Rich,
WHEREAS, Mabel Miles has applied to the Town Board for a single
trailer renewal permit dated December 8., ,:1971, ,
NOW, THEREFORE, BE IT RESOLVED: That the application of Mabel
Miles to locate a single trailer, on . her property at private- road,
Mattituck, New York, be and hereby is granted for a period of
six (6) months.
Vote of the Town Board: Ayes : Supervisor Martocchia, .Councilman
Rich, Councilman Valentine,. Justice ,Suter, Justice Demarest.
Moved by .Justice Suter, .seconded by Councilman Rich,
WHEREAS, Minnie Wilson,., appli_ed to the Town Board for a single
trailer renewal permit dated November 11, 1971,
, NOW, THEREFORE,. BE IT RESOLVED: That the application of Minnie
Wilson, Middle Road, Cutchogue, .New York, be and hereby is ,;_granted
for a :period of. mix (6) months.
Vote of the Town Board:, Ayes : .Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice. SutermJustice Demarest.-
Moved ,by... Justice. Demarest,: seconded by Councilman- Rich, , ,
WHEREAS, Walter Sawicki, applied to the Town Board for a single
trailer permit dated December 20, 1971,
NOW, THEREFORE,, BE IT RESOLVED: That the application of Walter
Sawicki, Old North Road, Southold, New York, be granted for. a
period of six (6) months...
Vote of the Town Board: Ayes : , Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter , Justice Demarest.
Moved by Councilman Rich, seconded by Councilman •Valentine,� .-at was
RESOLVED: That the Southold Town Board authorize the Narcotic
Council to make .the necessary alterations and improvements .to
the Narcotic Council Cabacombs on ,Moores Lane, Greenport, sum
not to ,exceed $1,..7ih0,. and ,to be charged againstthe 1972 budget.
A. report is to be-, made to the Town Board for their approval .
before any major changes are made.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter , Justice Demarest.
Moved by Councilman Valentine, . seconded by Justice Suter,
WHEREAS,, Burton, Potter .Post ##185 .American Legion, Greenport, New
York applied to the Town ,Clerk for a Bingo License., Amendment, and
_WHEREAS,, the Town .Board has examined the application, and after
investigation, made. findings: .and. determinatxons 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
Board,, the findings and determinations required :by law, .and it is
further
RESOLVED: That the Town Clerk be and he hereby is directed to
issue,an amended Bingo License_ to ,the .,Burton Potter Post W185,
Amer.ican _Legion, Greenport, New York. ,
Vote of the Town Board: Ayes: Supervisor Martocchia,_ Councilman
Rich, Councilman Valentine, .Jus,tice Su.ter., Justice Demarest.
Moved by Justice Demarest, seconded by Councilman Rich,
WHEREAS, the Town Clerk has, received. an ,amended applicat-ion . No. 1
fora wetlands permit from Renee and Antonia La lane dated December
16, 1971, ..
NOW, THEREFORE, . BE IT .RESOLVED: . That :the amended application of
Renee and Antonia Lalane for a wetlands permit 4e forwarded to
the -Conservation Advisory- Council and Board of Town Trustees
for their findings and aelbommendatkons, to be submitted within
20 days from their receipt of this application.
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Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Councilman Rich,
WHEREAS, the Town Clerk has received application No. 2 for a
wetlands- permit from Edward G. Abitz, Contractor, dated December
17, 1971,
NOW, THEREFORE, BE IT RESOLVED: That the application of Edward
G. Ab,itz, Contractor, for a wetlands permit be forwarded -to the
Conservation Advisory Council and Board of Town Trustees for their
findings and recommendations, to be submitted within 20 days from
their receipt of this application:
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, -Justice Suter.,: Justice Demarest.
Moved by Councilman Rich, seconded -by Justice Demarest,
Bond Resolution of the Town -of -Southold, New York, Adopted December
21, 1971, A Resolution :Authorizing. The Purchase of a Front End
Loader to be Used at the Town Refuse -Disposal Area in Cutchogue,
in Said Town, Stating the Estimated Maximum Cost Thereof is
$54, 235, and Authorizing the Issuance of $34, 800: Serial Bonds
of the Town to Finance a Part of - the -Purchase -Price of said Front
End Loader.
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 :
Section 1. 'The Town of Southold, in the County of Suffolk,
New York, is hereby authorized to purchase a motor vehicle,
described. as a Front End Loader, to be used at the Town Refuse
Disposal area," in- Cutchogue, in said Town. The :estimated maximum
cost of -said •specific:=object or :purpose;. including preliminary
costs and costs incidental thereto and the financing thereof, is
$54, 235. The plan of _financing is as follows:
A. $19,435. 00 is to be provided by the trade=in of-:a .1965
Hough H 90C Payloader: - -_ . - .
B. The balance of the cost is to be provided by the issuance
of 034, 800. 00 Serial Bonds pursuant to this resolution and ..the
levy 'of -a tax upon :all -.of the taxable . real .property of the. Town
to pay the principal of a.nd the interest on said bonds _as . the
same .:shall :become due .--and payable. .
Section 2. Serial 'bonds_of the Town of Southold in the
principal amount of $34, 800. are hereby authorized to be issued
pursuant- to-•the provisions of the- Local Finance-Law, constituting
Chapter 33-a' of the Consolidated Laws of the State of New York,
to finance said appropriation.
Section 3 . ` The- following. additional -matters' are hereby deter-
mined and declared: =
(a) The -period of probable- usefulness:- of the- specified
object or purpose for which the- bonds. authorized by- this resolution
are to be issued, within the liT� ations- of Section- 11.00a 29 of
said "Local Finance Law', is fine y ars:. - ...- .
(b) Current funds are not required by said Law- to be provided
as a down payment- prior- to the issuance of the- bonds hereby auth-
orized or of any notes issued in anticipationlof- the sale- of such
bonds, pursuant to'' the provisions of S107 . 00 d. 5. of - said Local
Finance Law. =
(c) The proposed' maturity of= the- bonds. authorized- by this
resolution may not exceed five (5) years.
Section 4. Each of the ser-ia:l bonds authorized by this
resolution= and- any-'bond- anticipation: notes: .issued in, anticipation
of the sale" of said bonds shall•- contain- .the recital of "v.a-lidity
as prescribed by S52.00 of said Local Finance 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 by general tax upon all the .taxable- real property
within the Town without limitation or rate orsamount: The faith
and-'credit of the Town are hereby--irrevocably.- pledged to the
punctual payment of the principal of and interest on-- said bonds
and provision shall--be made annually -in the budget-of - the Town
by •appropriati-on fors.,(a) the amortization 'and-redemption of the
bonds and any notes in anticipation thereof to mature in such
year and. (b) the payment ' of interest• -t-o• be. due 'and payable in
such year.
Section ,5 . Subjec.t to the provisions of this resolution
and of said Local Finance Law, and pursuant to the ..provisibns
of S'30.00 and 850. 00 and SS56-. 00 .,to' 60.00 of ,said- Law', the
powers and duties of the Town =Board relative to=prescribing
the terms ,- 'forms-- and contents and as to the sale- and issuance
of the bonds and- any notes' issu.ed in anticipation of said
bonds , are hereby delegated to th-e Supervisor, . chi-ef .fiscal
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 for which the Town is
not authorized ..to- expend' money . 1
(b) the provisions -of• , law which should be, ,-
complied with at the date of the publication
of such resolution, are=bo.t substantially-'
complied with,
and an action, suit or proceeding contesting such validity;- is
commenced -within - twenty days -after the- date' of. such publication,
or
(c) such obligations are authorized in
violation of the provision's of the
cbns'titution.'
Section - 7 . This resolution shall- take effect immediately.
The adoption -of. -the -. foregoing resolution was seconded -by
Justice Demarest and duly put -to a vote ',on roll call, which
resulted as follows': -
Ayes : Supervisor Marto.cchia, Councilman Rich, Councilman
Valentine, Justice Suter , Justice Demarest.
The resolution was declared unanimously adopted.
Councilman Rich -offered the following resolution and ' moved its
adoption:- . . . . . 1 . . . , .
RESOLVED by the Town Board of ' the Town of Southold, in
the County of Suffolk, New York, - as follows :
Section- l. The Town Clerk of the Town of Southold, - in the
County of Suffolk, New York, is hereby directed to publish the
foregoing bond resolution, in full, in "THE SUFFOLK WEEKLY
TIMES " , a newspaper published in Greenport, New York, -having
a general circulation ' in said Town and hereby designated as
the official newspaper of said Town for such publication, . to-
gether• with the Town- Clerk' s statutory- notice in substantially
the form-- prescribed -by- Section 81.00 of--the Local•-Finance. Law of
the State ' of • New York.
Section 2 . 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 : Supervisor Martocchia, Councilman Rich, Councilman
Valentine, Justice Suter, Justice Demarest.
The resolution was declared unanimously adopted.
Moved by Councilman Valentine, seconded by Councilman Rich,
WHEREAS this Board heretofore advertised for bids for the
purchase of a front- end - loader tractor to be used at the
Disposal Area, and
WHEREAS, thereafter the: Town Board received bids from:
George Malvese $38, 960.00-
Hubbard & Floyd 36; 700.00
H. 0. Penn Machinery 40, 985.00. :
Theodore Burke &-,Son :. 24-; 989.00-not. up to specifications
- Air Bar ..No Bid
Romac Equipment 34, 800.00 and,
I - I
WHEREAS,. the' bid, of Romac Equipment�'was• the lowest bid,
NOW., - THEREFORE, BE IT- RESOLVED: =•_That, the bid of--Romac Equipment
be and the same hereby is accepted and the Supervisor be and
hereby is -authorized and directed to enter into 'a contract with
_ Romac Equipment for= the purchase of a- tractor at a net cost of
$34, 800 in conformity with the specifications therefor.
Vote of the Town Board: : Ayes :- -= Supervisor- Martocchia, Councilman
Rich, .Councilman! Valentine, Justice Suter; Justice Demarest.
Moved _by. Justice Demarest, seconded by'-Councilman Valentine,
WHEREAS,•-representatives- ot. the Middle Atlantic Natural - Science
Council, Inc. appeared before =this Board- and ,presented,�its program
for the establishment-of an- Aquas`eum' in'-.the -Village of Greenport
to be known as the Greenport Aquaseum and requested that this Board
adopt:a resolution supportifig such" proj'ect;' and
WHEREAS, this -Board )believes - that the establishment of- such a
facility- would be beneficial to the area =of =the Town of Southold
and to the inhabitants of the -Town 'of -Southold; _
NOW, THEREFORE, BE IT RESOLVED that this Board -supports the
establishment of an Aquaseum ''as presented1by the representatives
of the Middle Atlantic Natural Science -Council; _ Inc:---
Vote of the Town Board: Ayes : - Supervisor '-Mar- tocchia; Councilman
Rich, Councilman Valentine, Justice Suter; Justiee 'Demarest.
Moved by Justice Suter, seconded ,by Councilman RECh--, � it was
RESOLVED: That Shirely Katz -'be -and she=hereby is appointed to
represent the Town of Southold in- the CAST =progr.am.;
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 Police Chief -Car-1 -Cataldo ,be and- -he hereby - is
authorized ---to.iadvertise,, for bids .for five- (5) .marked police
cars and one (1) unmarked- police cars .for- use by ' the Southold
Town Police Department. Trade-in to be three (3-) marked 1971
cars and one , (L) .unmarked -:1966 :car.: =
Vote. _of the .Town .Board-.: Ayes : Super-visor Martocchka Councilman
Rich, Councilman Valentine, Justice- Suter, Justice -Demarest.
Moved by Justice Demare.s.t;, seconded by_ Justice Suter, it =was
RESOLVED: : .That. general o-bil-ls- in .the .amount.--of =$1,225 . 51,� and
Lighting District bills in the amount of $4, 188. 76 be and the
same are .hereby- ordered paid.
Vote:,:of the, Town. Board..: ..-Ayes.: Supervisor Martocchia, Councilman
Rich,...:Councilman ,Valentine,:..Justice •S.uter,= Justice _Demarest.
Moved by Justice Demarest, seconded by Justice'. Suter', it--'was
RESOLVED:. .That Police .:Chief Carl Cataldo be land. he hereby is
authorized-.to lease a -po.lice. radio for. a= new police car when
it is delivered.
Vote of the Town -Board: Ayes : Super.vi.sor :Mart-occhia, Councilman
Rich,...Councilman .Valentine,t.�Justice: Su-ter,- Justice Demarest.
Moved by Councilman Valentine,. seconded -by ;_Councilman -Rich., it was
RESOLVED: That the South-o.ld. Town Board .r-elease, -the =performance
bond.in; the: amount .of $.-15., 000., : and. the pa-ssbook:: on Account M13027 ,
North Fork Bank & Trust Co. , both in the. names- of James F. and
John .T.:. Reeve,. .as .r.ecommended..by _the S.o.uthol.d: Town.. Planning Board
and- the Superintendent of- Rig.hwa-ys.:. Said= :bond. and- passbook being
for.-. the:::co:mp.let.io.n :of- roads a-.nd. :other improvements yin th:e sub-
division known as Bennett' s Pond, located off Westphalia- Road-,
Matti.tu.ck, .,New:.York.: ...... .
.Vote- of. -the. tT-own Boaard . .Ayes':_ Supervisor Martocch.ia;:, Councilman
Rich, Councilman Valentine, Justice Suter_, Justice Demarest.
Moved by Justice Demar:est:;;. .seconded-: by Councilman :Valentine, it was
RESOLVED: That the Superintendent of Highways of the Town of
Southold, be authorized to advertise for bids and to purchase
120
from .the lowest responsible- bidder, 500, 000 gallons'=of. Asphalt
. Road Material,, more or- less, - or -as.-Much as may •be. needed for
.the repairs of Town Highways r. -
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman .Valentine, Justice Suter; Justice- Demarest.
Moved by Councilman . Valentine, seconded by Justice Demarest, it was
RESOLVED: : That the Superintendent of Highways of the . Town of
Southold, be authorized to advertise for bids and to purchase
,one . (1) USED 1965 Hough. Paylaoder, Model H-90C,:,-,Serial Number
1198, Id. No. 113CH1198, for an amount not to exceed $8,.000. 00.
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 Southold Town Board authorized the follow-
ing transfer of monies from the General Fundias follows :
To: Justices., contractual:lexpenses , A1110 .4 $62. 00
Tax Collection, contractual, -A1330.4-• = ,21-8. 00
.,..Town Attorney, contractual, , Al,420.4 - 50.00
Insurance, A1910 21, 056.00
Municipal Association dues, A1950 50. 00
Control of Animals , ,A3510.4 705. 00
Parks - equipment, A7110. 3 100.00
contractual, A8160.4 - 772. 71
Refuse & Garbage,
Supervisor, personal services, A1220_1 104. 02
Tax Collection, personal -services, A1330: 1 600. 00
Assessors , personal , services, A1355:1 • • •, 1, 200. 00
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 .5outhold .Town -Board transfer the following
monies from Part Town to:
Insurance - -. . $4, 994_ 00
Bay Constable, - contractual expense, B3.130.4 244. 00
Zoning Board, contractual expense, B8010.4 1, 196. 00
Social. .Security, :B9036.:8 1, 180-.63
Safety Inspection, personal services, B3620. 1 234. 00
Vote of ..the Town. Board: Ayes : -. Super-visor. Martocchia, Councilman
Rich, Councilman. Valentine Ju,sti-ce Suter Justice Demarest.
Moved by Councilman Valentine, :seconded by Counc-ilman Rich, it was
RESOLVED: That. a. transfer. from- .Machinery Item III ' Surplus in
the amount of,.$24. 92 .into DM 9.-06,0.8..Machinery .Item :III." .for
hospitalization and medical insurance to cover Emergency Empcloy-
ment. Act ,employee 's.
Vote of -the Town Board:- Ayes : . Supervisor Martocchia.; Councilman
Rich, Councilman..Valentine, :Justice Suter-,..Justice -Demares.t.
Moved ,3;y, Justice Demarest, seconded by- Justice Suter,
WHEREAS, Howard, C. Valentine has faithfully served the-Town of
Southold as Councilman since January 1, 1964, and Deputy
Supervisor since February 1970,. and
WHEREAS, .his. r.edord .of fine- service to the Town of Southold and
, its .people deserves the, sincere gratitude of those with whom and
for whom he worked,
NOW, THEREFORE, BE IT- RESOLVED: Tha t the .Town� Board of the Town
of Southold expresses its •apprec-iation to Howard C-. Valentine for
. his:, long record -of fine ,.service, and its best wishes- for the years
ahead,
AND BE IT FURTHER RESOLVED: That this r.esolution. be .made a part
of the permanent records of the- Town, and that. a copy be sent to
Howard C. -Valentine. ,
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, :Iuatice Suter, Justice Demarest.,
A21
SupervisarMMartocchia 'thank all of the Board members for their
cooperation during the year, and wished everyone a merry Christmas.
Councilman Valentine thank all of the members of the Town Board
for their cooperation and fellowship through the years and wishes
them success in the future.
Meeting adjourned, at 3 :50 P.M.
IllbertTW. Richmond
Town Clerk