HomeMy WebLinkAboutTB-06/22/1971 Meeting of June 22 , 1971 A
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The Southold Town Board met at the office of Supervisor Albert M.
Martocchia, 16 South Street, Greenport, New York, on Tuesday,
June 22 , 1971 at 3 :00 P.M. , with the following present:
Supervisor Albert M. Martocchia, Councilman Howard C. Valentine,
Justice 'Martin Suter, Justice Louis M. Demarest, Town Attorney
Tasker, Highway Superintendent Dean, and Town Clerk Albert W.
Richmond.
Absent: Justice E. Perry Edwards and Councilman James H. Rich, Jr.
'On motion of Justice Demarest, seconded by Justice Suter, it was
RESOLVED: That the minutes of June 8, 1971 and June 14, 1971 be and
they are hereby approved.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Justice Suter, it was
RESOLVED: That the next meeting of the Southold Town Board will
be held at the office of Supervisor Albert Martocchia, 16 South
Street, Greenport, New York, on Tuesday, July 6, 1971 at 3 :00 P.M.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
At 3 :00 P.M. in accordance with notice published according to law,
a hearing was held in connection with the Acquisition of property
by the Town of Southold for a Reconstruction of Grand Avenue Bridge,
Mattituck, New York. -- Minutes were taken by Mrs® Edna Angell.
Moved by Justice Suter, seconded by Councilman Valentine; it was
RESOLVED: That the report of Fishers Island Ferry District for the
month of May 1971 be accepted by the Town Board and placed on file.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter,, - Justice- Demarest.
Moved -by "Justice Suter, seconded by Justice Demarest; it was
RESOLVED: That the Southold Town Board release the bond in the
aount of $13 , 000. 00 of Peconic Homes, a subdivision in Peconic,
New York, if- recommended- by the Southold- Town Planning Board and
Southold Town Engineer, for the completion of roads in the subdivision
known as - Peconic-Homes,--owned and developed by'Henry Smith.-
Vote of the-Town -Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Moved-by Justice Demarest, "seconded by Justice Suter, it was
RESOLVED: That Notice is hereby given that a public hearing will
be held by the Town Board of the- Town of Southold at the Supervisor ' s
Office, 16 South Street, Greenport, New York` on the 13th day of
July, 1971 at the hours hereinafter specified on the following
applications : to wit:
1. At 7 :30 P.M. on the application of'Angelo Petrucci for
permit to excavate sand, gravel, stone or other materials zfffom
premises located South of Soundview Avenue, Southold, New York,
bounded generally Northerly by lands of Edwin A. Smith and Long
Island Produce Company; Easterly by lands of Case and Kaplan; -
Southerly- by lands of Newell Estate and Sepenoski; and 'Westerly by
lands of Tisdale and Edwin--A. Smith.
2. At -8:00 P.M. -on the application of -Leander -Glover, Jr. `for
a permit -to' excavate sand - gravel; stone -or other materials from
premises located at Cutchogue, New York, generally bounded Northerly
by - land of Glover; Easterly by lands of McBride and Glover; Southerly
by lands of Town of Southold and Pietrewicz; and Westerly by land
of the Town of Southold.
Any person interested' in- the above matter- should appear at "the time
and" place above" specified)
Dated': -June 22, 1971 By Order of the- Town Board of the -Town of Southold
Albert W. Richmond, Town Clerk
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Vote of the Town Board: Ayes : Supervisor Martocchia; Councilman
Valentine, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Valentine,
WHEREAS, Long Island Lighting Company has been furnishing electricity
to the. Town of Southold and its inhabitants under a.hd pursuant to
a franchise and conaenttheretofore granted by the Town Board_ on
July 30, 1921; and'
WHEREAS, the Long Island Lighting Company is now the only person,
firm -or corporation 'supplying _electricity within the unincorporated
areas of the Town of Southold; and
WHEREAS, the existing. franchise held by Long Island Lighting Company
will expire on July 30, 1971, and the said Long Island Lighting
Company is desirous of continuing to furnish electricity to the
said Town of Southold and its. inhabitants, and has made application
to the Town- Board of the Town of Southold for an electric franchise `
for a period of fifty (50) years, and
WHEREAS, a notice of public hearing on the application for said
electric franchise has been duly given by publication in the
official newspaper of the Town of Southold at least ten (10) .
days before the said public hearing was .held on May. 11, 1971, all
pursuant to Section 64, Subdivision 7 of the Town Law of the State
of New York; and
WHEREAS, the Town Board of the said Town of Southold is of the
opinion that such an electric franchise should be granted_ on the
terms and conditions hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED: That .the Town Board of. the Town of
Southold., Suffolk County, New York, does hereby grant, pursuant to
Section 64, Subdivision 7 of the Town Law of the State of New York,
to Long Island Lighting Company, a- gas and electric corporation
organized and existing under the Transporation CorporationsL,aw
of the State of New York, and to its successors and assigns, the
right, franchise, permission and consent for the use of- the streets ,
highways and public places or any part thereof, or the space above
or under them, or any of them, in the Town of Southold which are
now or may hereafter be under the control of the municipal auth-
orities - of said Town, and hereby consents that Long Island Lighting
Company may exercise the powers set forth in Section 11 of said
Transportation Corporations Law, as and for an electric franchise,
all for a period of fifty .(50) years from the date of the resm-
lutio�i; provided, (1) that such powers shall be subject to such
reasonable regulations as may be prescribed by the Town Board;
(2) that all pipes, conduits, poles , wires, appurtenances and
fixtures shall be installed and maintained in a proper workmanlike
manner; and (3) that the said Long .Island Lighting Company shall
at all times indemnify and save harmless the said Town and the
members of the said Town Board from and against any and all actions,
suits, damages, costs, charges and expenses by reason of the location
and maintenance of its facilities .in any of the streets, highways
and other pfablic places, or by reason of any act done or omitted to
be done by said Long Island Lighting Company; and provided further,
that this consent shall not be deemed exclusive, unless and until
Long. Island- Lighting Company, within sixty (60) days from,- the date
of the resolution, shall file its written acceptance- thereof with
the Town Clerk.
Vote of. the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by .Justice Demarest,- it was
RESOLVED: That Supervisor Martocchia be and he hereby is authorized
to hire Parking Beach Attendants for our Town Beaches.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, . Justice Suter , Justice Demarest.
Moved by Justice Suter, seconded by Councilman Valentine, it was
RESOLVED: That Supervisor Albert Martocchia be and he hereby is
authorized to hire temporary Bay Constables at a sum not to exceed
$600. 00 each. They are to use their_ own boat and pay their own
expenses except for gas.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Justice Demarest, it was
RESOLVED: That Chester Melot, Mattituck, New York, be and he
hereby is appointed Attendance Officer, subject to the written
approval of the District Superintendent of Schools throughout
the Town, except such schools as are otherwise provided for by
Section 3213 of the Education Law, and be it further
RESOLVED: That such Attendance Officer shall be removable at. the
pleasure of the District Superintendent of Schools, and be it further
RESOLVED: That the compensation of such Attendance Officer be fixed
at $12Q0.00 per year, payable in regular monthly installments, he
to pay his own expenses, and be it further
RESOLVED: That the Town Clerk be and he hereby is instructed to
notify Chester Melot and the District Superintendent of Schools
of the appointment.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter, .. Justice Demarest.
Moved by Councilman Valentine, seconded by Justice Suter,
WHEREAS, the Senior Citizens, Southold Town, request the use of
four (4) busEs for transportation,
NOW, THEREFORE, BE IT RESOLVED: That the Town of Southold furnish
transportation for the Senior Citizens as requested at a sum not
to exceed $880. 00.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Justice. Demarest,
WHEREAS, Marion Council #3852 , Knights of Columbus, Cutchogue, New
York, applied to the,T.own Clerk for a .Bingo License Amendment, and
WHEREAS,:the .Town_Board. has .examined the application and after
investigation, duly. made_ f.indings 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
Board..the findings.,.and determinations _as _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 .Marion Council #3852, ..Knights
of Columbus, Cutchogue, New. York..
Vote of the .Town .Board: _ Ayes : ..Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Councilman Valentine,
WHEREAS, Norman Reich has applied to-.the Town Board for -permission
to park- four (4) self-contained campers on his property at Orient
Point, New York,applicatdao�ed June 21, 1971;
NOW, THEREFORE, BE IT RESOLVED: ._ That .this application .be returned
as -it-was -incomplete, insufficient fee, and only one permit :presented.
Vote of the Town Board: :Ayes: Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest. ._ . .
Moved by Councilman Valentine, seconded by Justice Demarest,
WHEREAS, the Town .of Southold -, (herein called '-'Town") , in the
County of Suffolk, New York, has heretofore duly authorized, sold
and issued its $10, 500 -Bond Anticipation Note for Land Acquisition-
1970 and it is now desirable to -redeem -said Note to -the extent of
$3 , 500 .fromaa source .other .than the proceeds of-.the bonds .in anticipa-
tion of ..which said ,Note has ..been...issued;.
NOW,....THEREFORE,. .BE IT.,RESOLVED_.by _the_.Town .Boar.d _of the -Town of
Southold;. _in the._County_of._.Suffo'lk,. New York, ,-as follows : . _. _ ._.. .
Section 1. The , $10, 5.00 Bond Anticipation -Note For Land
Acquisition-1970 of..-.the _Town,. hereinabove _referred to..-in-.the
Recital .of this _resolution, _is =.hereby authorized. to be- redeemed.
on -or. before- July 1, -1-971, to -the extent of--$3 ,-500 -from funds of
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the Town now available to said purpose, said funds being a source
other than the proceeds of' the bonds"in anticipation of which said
Note was issued, and the said amount' of $3, 50'0 is hereby approp-
riated therefor.
Section' 2. 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: All Noes : None
The Resolution was declared unanimously adopted.
Councilman Valentine offered the following resolution and''moved
it s adoption:
Bond Anticipation Note Resolution of the Town 86 Southold, New York,
adopted June 22, 1971, authorizing the renewal, in part, of the'
$10, 500. Bond Anticipation Note for Land Acquisition-1970, By the
Issuance of a new note in the principal amount of $7, 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 $10, 500 Bond Anticipation Note for Land Acquisi ion-
1970 and- has duly authorized the redemption of the Note to the
extent of $3, 500 and it is now necessary and desirable to-. provde
for the renewal, in part, of said Note by- the issu ance of anew Note
in the principal amount of $7 , 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 $10, 500 Bond Anticipation Note for Land
Acquisition-1970 of the Town dated July 1, -1970, maturing July 1,
1971, subject to prior redemption, numbered 2R-1, heretofore
duly authorized, sold and issued pursuant to the bond anticipation
note resolution duly adopted by the' Town Board of said Town on
June 30, 1*970 , is hereby authorized to be renewed, in 'part., by
the issuance of a new Note in the principal amount of $7 , 000',- said
Note dated July 1, 1970, having been heretofore duly authorized to
be redeemed from a source other than the proceeds of :the bonds in
anticipation of which said Note has been issued, to the extent. of
$3, 500, all as hereinabove 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 ofsaid renewal 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: $7, 000 Bond Anticipation Note
For Land Acquisition-1971
Dated: July 1, 1971
Matures : June 30, 1972; .subject to prior
redemption
No. 3R-1 Denomination: $7, 000
Interest rate: .2. 59% per anhum, payable at maturity
Place of payment of principal and interest:
Supervisors Office
Greenport, New York ,
For of Note: Substantially in accordance with form
prescribed by Schedule B, 2 of the Law.,-
Section 3. Said Note is hereby sold to THE NORTH FORK BANK .
AND TRUST COMPANY, Mattituck Office, Mattituck, New York, at the
price of $7, 000, to bear interest at the rate of two and ninety-five
hundredths per centum (2. 95%) per annum, payable at maturity, and
the Supervisor is hereby authorized to' deliver said Note-`to said
purchaser upon receipt of ,the purhase price, plus accrued interest,
if any; from -the date of said Note to the date of delivery: _
Section 4. Said Note shall contain the recital of validity
prescribed by #52.00 of the Law and shall be a general oblication
of the Town, payable'as to both principal and .interest 'by a general
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tax upon all. ,th.e .taxable real property within the Town, without
limitation- of rate or amount. The faith and credit of the Town are
hereby 'irrevocably, pledged to the punctual- payment of the principal
of and. interest on, said Note and provision shall be . made in the
budget, of the. Town by. appropriation. for the redemption- of the Note
to mature in such year and for; the payment ;of interest to be due
in such year. ,
Section 5. Said Note shall be executed in the name of the
Town. by its' Supervisor. and the corporate. .- seal of said Town -shall ,
be.. affixed. thereto and attested by . its _ Town Clerk.
Section 6. 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 : : All Noes: None.
The resolution was declared unanimously adopted.
Recess called at 3 :45 P.M.
Southold Town. Board meeting, .reconvened at 4:30 P.M.
Moved by Councilman Valentine, seconded by Supervisor Martocchia,
it was
RESOLVED That the Town Clerk be and he hereby is directed to ,
request the Long Island Lighting Company to install the following
overhead street lights :
1 - 100- Candle Power LILCO Pole #15
..Sound Beach Drive, . Mattituck.
1 - 100 Candle Power LILCO Pole #33
Coxes Lane, Cutchogue
1 - 175 MV LILCO Pole #23, .
N/end of Cedar Drive;.. Goose Bay Estates, Southold. . -
1 - 175 MV LILCO Pole #125
Co. Rt. 27, Cutchogue
1 - 175 MV NYTel. #168 -
Co. Rt. 27 & Coxes Lane, Cutchogue.
3 - 175 MV LILCO Poles #632, ##634, #1
Co. Rt-. 27 . & Cox Neck Rd. , Mattituck.
Move 175 MV LILCO Pole #137 - Traffic Pole
n/w corner .Depot Lane & Rt. 27 , Cutchogue
Add - .175 MV:to Traffic Pole
s/e corner Depot Lane & .Rt: 27 , Cutchogue
2 - 175 ,MV NYTel. Pole #702 , #704
Main Road., Southold; _west -of - Willow .Hill -
2 - 175 MV LILCO Pole #317 , 319
Main Road, Southold, west of Willow Hill
Vote of the Town Board:. Ayes :. Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Moved by Justice Demares:t, .seconded by .,Councilman Valentine,
(Resolution Adopting Maps and Providing for Vesting -or .Title
in Connection -with the.-Acquisition of Property by the .Town. of
..Southold for a -Reconstruction of- Grand Avenue (Reeves .Av(jnue)
from Wickham .Avenue .to _Brower Road, Located in the Town --of
Southold, Suffolk County,. New York..,)
WHEREAS., by, order of this Town Board a. map was prepared by the
Suffolk_ ,County: Department of Public Works,, for the acquisition of
certain properties described as follows : for the construction of
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Grand Avenue Bridge at•Mattituck, in the Town of Southold and,
WHEREAS, pursuant to law notice was published that this Board would
hold a hearing in respect to such map on the 22nd day of June 1971,
at 1:00 o ' cl'ock, prevailing time of day, at which time a reasonable
opportunity was given to all interested persons to make objections
thereto or suggest change's therein, and ''
WHEREAS, therer.appeared no reason to alter said map, now. therefore,
be.. it
RESOLVED, that the map -approved by resolution of the- Town Board and
filed in the Suffolk County Clerk' s Office under File No. 71-5130
on the 14'th day� of- May, 1971,. be and hereby is approved and- adopted
and that a certified copy -of- this- resolution be filed forthwith in
the Suffolk County Clerk ' s Office, and be it further ,
RESOLVED, that compensation to be made to the- owneror 'owners of-
the real property to be acquired shall be ascertained by the Supreme
Court without a jury pursuant to the provisionsof the Suffolk County
Improvement Act and said compensation shall be paid pursuant to such
Act, and be it further
RESOLVED, that Joseph Dite, Esq. ,- be and he hereby is authorized
and directed to proceed with the condemnation of the property shown
on said map, and it is further
RESOLVED, that the Town of Southold shall become vested with the .
title or - interest sought to be 'acquired by said proceedings, in fee,
upon the date of entry of—the—order granting the application to
condemn, and be it further
RESOLVED, that notice that title shall so vest shall be published
once a week for one (1) week in the- official newspapers of the
County of Suffolk and the official newspapers of the Town of
Southold, in the following form, to wit:
N O T I C E
-----------------------------;--------X
In the matter of the ' Petition of the
TOWN OF SOUTHOLD for the purpose of
acquiring the real property necessary
for the approaches of the Grand P
Avenue Bridge at Mattituck, located
in the Town of Southold, County of
Suffolk and State of New York.
--------------------------------------X
NOTICE IS HEREBY GIVEN that pursuant to a resolution of the Town
Board of the Town of Southold, duly adopted at a meeting of the said
Board, held on June' 22, ' 1971, the Town. of 'Southold shall become
vested with the title or interest sought to be acquired in this
proceeding, in fee, of, to or in all those parcels of real property
indicated on the maps filed in this" proceeding and described in the
petition on the date of entry of the order -granting the application
to condemn therein, pursuant to the provisions of the Suffolk County
Improvement Act, as amended, in relation to the' acquisition 'of real
property by the ;Town -of Southold, or any Town or School District of
the County of Suffolk for public use.
Vote of the Town Board : Ayes: Supervisor Martocchia, Councilman
Valentine, Justice . Suter, Justice Demarest.
Moved .-by Justice Suter, seconded by Justice Demarest, it'was
RESOLVED: That Justice Suter and Justice Demarest, Town of Southold,
New York, be and they hereby are authorized to attend Justice
Conference at St. Lawrence, New York, July 18, 1971 to July 23 , 1971,
and be -it further
RESOLVED: That the necessary expenses incurred while attending
said conference be a legal charge .against the Town of Southold.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Mr. William Scharp, Southold School student, spoke on a proposition
for the involvement of youths in- the Southold Town government.
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Mr. Jawaza objected to Pine Crest Dunes being used as a camp by
the County. He stated that the park should be open to everyone.
Helalso objected to the use of the sand pit on Sound View Avenue
near Mr. Spurway, and protested against the Southold Fire Department ' s
use. of the pit _for. practice.
Adjournment at 5 :00 P.M.
Albert W. Richmond
Town Clerk