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HomeMy WebLinkAboutTB-07/25/1978 I�L.2' ; 78 SOUTHOLD TOWN BOARD July 25 , 1978 Executive Session The Board met with Patrick Flanagan of General Appraisal Co . who made a presentation on their proposal for fixed asset accounting. This project will include the fol owing basic modes of accounting: location of the asset (land; buildings , contents) , description of the asset, classification of the asset, estimated historical cost or historical cost, estimated date of acquisition or date of acquisition, fund source. Their firm is authoritative in cost and are qualified to do such a report as they are a disinterested party. The problem the town would encounter if they endeavored to do this project themselves would be of time, expertise and ability to determine cost. They. would only require the town' s assistance in providing them with a printout from the insurance policies on vehicles , and the assistance of the,. assessors in locating town owned land. -- Highway Superintendent Dean took Mr.. Flanagan on a tour of the town owned land and buildings . Mr. Flanagan will present an estimated cost for the project in the -near future. A regular meeting of the Southold Town Board was held on Tuesday, July 25, 1978 at the Southold Town Hall:, Main Road, Southold, New York. Supervisor Martocchia opened the meeting at 3 : 00 P.M. with the following present: Supervisor Albert M. Martocchia Councilman James Homan Councilman Henry W. Drum Councilman Wlliwm.. R. Pell III Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk Judith T. Terry Absent : Justice Martin Suter Justice Francis T. Doyen On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that the Southold Town Board minutes of July 11 , 1978_ be and hereby are approved as submitted. Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent : Justice Suter, Justice Doyen. This resolution was declared adopted. On motion of Councilman Homan; seconded by Councilman Drum, it was RESOLVED that the next re ular meetin of the Southold Town Board will be held at P. ues ay, ugust 8 1978 at the 'Southold Town Hall, Main Road, Southold, New York; this meeting to be recessed on that date and reconvened at 1 : 00 P .M. , Wednesday, August 9 , 1978 at the Fishers Island School, Fishers Island, New York. Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent : Justice Suter, Justice Doyen. This resolution was declared adopted. On motion of Councilman Pell , seconded by .Councilman Homan, it was RESOLVED that J.J. Hart Ford, Riverhead, New York be paid $20, 140 . 00 from Federal-. Revenue Sharing Funds for the purchase of four 1978 white four-door LTD Ford police cars , as per bid price of J.J. Hart Ford less allowance for omission of disc brakes . Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent : Justice Suter, Justice Doyen. This resolution was declared adopted. Supervisor Maroocchia: 1. There are no,. reports of departments or committees at this meeting. 66 2 . On August 1, 1978 at 7 : 30 P .M. there will be a presentation by Lee Koppleman on the 208 Waste Water Study. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that the Southold Town Board sets 7 : 30 P.M. , August 22 , 1978, Southold Town Hall, Main Road, Southold, New York as time and place for _public hearing on the application of Long Island Cablevision Corporation for an amendment to the cable television tranchise granted to it by the Town of South o to increase its rates and charges as follows , to wit: Present Proposed Installation Charge $30 . 00 0. 00 Reconnection Charge 9 : 95 15 . 00 Relocation Charge 9 . 95 15 . 00 Additional Outlet Charge 9 . 95 15 . 00 Monthly Service Charge Residential - First Outlet 7 . 25 8 . 05 Residential - Additional Outlet 2 . 00 2 . 50 Motel _ Each Unit 2 . 00 3 . 00 Be it further RESOLVED that the franchise amendment, if approved by the Southold Town Board, may not take effect without the prior approval of the New York State Commission on Cable Television and that interested parties may file comments or objections with the Commission. (Application of Long Island Cablevision Corporation for an amendment to the cable television franchise granted to it is on file in the Town Clerk.'-s Office, Main Road, Southold, and is available for public inspection during regular business hours . - A representative of Long Island Cablevision Corporation will be present at such hearing and all interested persons will be given an opportunity to participate in said hearing and to ask questions of the representative of Long Island Cablevision Corp . ) Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia, Absent : Ju tice Suter, Justice Doyen. This resolution was declared adopted. On motion of Councilman Homan, seconded by Councilma ' Pell, it was RESOLVED that the following audited bills be and here�y are ordered paid: General Fund Whole Town - $2170.24, General F nd Part Town - $1460.. 00. Vote of the Town Board: Ayes: , Councilman Pell, Cou cilman Drum, Councilman Homan, Supervisor Martocchia . Absent: J stice -Suter, Justice Doyen. This resolution was declared adopted. Supervisor Martocchia announced that Edward Bage, a Town Engineer, is leaving the area and the Board would be receptive to the submission of names of individuals qualified to do road inspection and engin- eering. Supervisor Martocchia: 3 . The Town of Southold has received their 1978, bathing beach permits for the following beaches: Mc abes Beach, Southold Town Beach, Kenny' s Beach, New Suffolk Beac , Norman .E. . Klipp Marine Park, Goose Creek Beach and Goldsmith' s Inlet. In- spection of the beaches have shown a few minor viola ions such as soap missing in the bathroom facilities . 4. With reference to the request of people in the Cedar Beach area for security at the beach, Supervisor Marticchia met with the Commissioner of Department of Parks , Recreation and Conservation. John D. Chester two days after the last board meeting. Mr . Chester brought this matter to the attention of County Executive Klein, recommending that they enter into an agreement with t e Town of Southold to supervise the beach. The remote location of this facility makes it impractical for them to provide the necessary supervision and cleanup, the Town is agreeable with this suggestion, provided they are reimbursed for the costs.---County executive Klein called Supervisor Martocchia just after this meeting as opened, and he will call him back after the meeting. It is belie ed Mr. Klein will be agreeable. JUtY2 `1 ` � 63. 5. Receipt of a letter from Zerox relative to the renewal of the contract. The Town Clerk will be in touch with Zerox on this matter.. Moved by Councilman Homan, seconded by Councilman Drum, ' WHEREAS a petition was received from Lawrence Kirk requesting a change of zone - on certain property at Cutchogue, New York, said petition for a change of ;zone from "A" Residential and Agricultural District to "B-1" General Business District, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be 'and she hereby is. directed to transmit this application to the Planning Board in accordance with Article XV, Section 100-150 (B) of the Code of. the Town of Southold. Vote -of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent: Justice Suter, Justice Doyen. This resolution was declared adopted. Moved by Councilman Pell, seconded by Councilman Homan, WHEREAS a petition was received from William W. Schriever requesting a change of zone on certain property at Orient, New York, said petition for a change of zone. from "B" Light Business District to "A" Residential and Agricultural District, now, therefore, be it RESOLVED that the Town Clerk of, the Town of Southold be and she hereby is directed to transmit this application to the Planning Board, in ac,cord.ance,..wi_th Article XV, Section 100-150 (B) of the Code of the Town. of Southold. Vote of the Town Board: Ayes: Councilman Pell,- Councilman Drum, Councilman. Homan, Supervisor Martocchia . Absent: Justice Suter, Justice Doyen. This. resolution was declared adopted. On motion .of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is authorized to enter into a contract on behalf of the Town of Southold with Mr. and Mrs . .J. Fellinger-iHar for the purchase_ of approximately one acre o.f. land,. together with a twenty-foot easement running from said. par.cel to Duck Pond. Road, Cutchogue;,_ New York, for the considera- tion .of $1, 500.00, subject to a permissive referendum. Vote of the Town I .Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia . Absent: Justice Suter, Justice .Doyen. This resolution was declared adopted. Supervisor Martocchia: 6. There was a question raised a few meetings ago relative to increasing protection in the Mattituck Creek. The Board has assigned Bernard Annabel to the Mattituck Creek and Inlet on weekends,. On motion of Councilman Drum, seconded by Councilman Homan, it was RESOLVED that application of Geraldine Worthington dated July 1.1, 1978 for permission. to locate a' single trailer on the property of W. Edgar Worthington,_ south side Sound Avenue, Mattituck, New 'York, be and hereby is granted_ for a .period of six months . Vote .o.f the Town Board': Ayes: Councilman Pell, Councilman Drum, Counci.lman .Homan, Supervisor Martocchia.. Absent: Justice Suter , Justice Doyen. This resolution was declared adopted. _ On motion of -councilman Drum, seconded by Councilman Homan, it was RESOLVED that .application of Edmond BQkina dated July ll, 1978 for permission - to locate . a single trailer on the property of Aldrich Lane Realty, on a right-of-way off north side Main Road, ' Laurel, New York, be and hereby is granted for a period-of six months. Vote of the 'Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent: Justice Suter, Justice Doyen. This resolution was ..declared adopted. On motion of Councilman Pell, seconded by Councilma Homan, it was RESOLVED that The Kiwanis Club of Southold Town be nd hereby is granted permission to. use the Norman E. Klipp MarineI - Park, Greenport for their annual canoe race on Sunday, August 20', '19I78, provided the necessary insurance is obtained to hold the Town of Southold harmless. Vote of the Town Board: Ayes: Councilman Pell, Co ncilman Drum, Councilman Homan, - Supervisor Martocchia: Absent ustice Suter, Justice Doyen. This resolution was declared adopted. Supervisor Martocchia: 7 . Notification has been received from t e' Suffolk County_Department of Labor that they are seeking fina cial assistance under Tit1t_ III of the Comprehensive Employment Training Act of 1973 , as amended,. in order to provide employment and training opportunities to eligible applicants under the revisrd Skill Training- Improvement Program (STIP II) . Under this rogram someone can be placed in public employment as a trai ee and the management would . pay part of the salary and the STIP Program would pay the balance. The Board feels this is a good ide and has no objections to the-County seeking the financial assis ance. 8. Notification from the New York State Department of Transportation designating 0. 01 miles east of the Riverhead- Southold town line and extends 0.63 miles east along IRoute 25 in the hamlet of Laurel as a restricted highway whey construction will be, taking place. Ie- partment 9. Notification from the New York State of Transportation of a highway improvement project undei' the' Donnovan Plan at- Sound Avenue and Lighhouse Road, Horton' s Point, Southold. 10. Receipt of the ninth payment quarteri and last payment authorized by the current legislation of. Antirecession Funds in the amount of $8 , 117 .00. It is a little le s than antici- pated,. It is based upon the formula of unemployment] and during the summer it does improve. ' 11. Letter from Diane Murphy, Laurel not}fying the Town that she fell on Love Lane in Mattituck, between Barker 's Pharmacy and North Fork Bank. Highway Superintendent Dean is looking into the matter. On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that -the Southold Fire Department is hereby granted a special license to hold a carnival on the fire depar ment grounds , Main Road, Southold, New York, from August 8, 1978 tYirough August 13, 1978. This special license is granted in accordal,�nce with , Article XI , Section 100-114, Subsection C of the Code) of the Town of Southold, and is subject to the approval of the Southold Town Board,..of Appeals , and subject to the Southold Fire D partment obtaining the necessary insurance to hold the Town o Southold harmless. Vote of the Town -Board: Ayes: Councilman Pell, Councilman Drum, , Councilman Homan, Supervisor 'Martocchia`. Absent: Justice Suter , Justice Doyen. This resolution was declared adopted. On motion of Councilman Drum, seconded by Councilman oman, it was RESOLVED that the Town of Southold will pay up to $1700.00 of actual incurred expenses to The North Fork Promotion Committ e upon sub- mission of proper vouchers for the year 1978. Vote of the Town' Board: Ayes: ' Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent;: Ju tice Suter, Justice Doyen. This resolution was declared adopted. JUL 25 .1978 65 On 'motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that the lowest responsible bidder, C.O.D. Truck Bodes ,M. anufacturinq Inc. be awarded the bid to supply the'. .Southold Town Highway Department with one Dump Body and Hoist, mounted, painted, complete, at their bid price of $3859.00. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent: Justice Suter, Justice Doyen. This resolution was declared adopted. On motion of Councilman Pell, seconded by Councilman Homan, it was RESOLVED that the Ladies ' Auxiliary of the .Orient :Fire Department be and hereby is granted -permission to close Orchard Street from Village Lane to Navy Street on the evening of Saturday, August 26, 1978 between the hours of 8 PM and 1 AM for the purpose of holding a street dance, provided the necessary insurance is obtained to hold the Town of -Southold harmless. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent: Justice Suter, Justice Doyen. This resolution was declared -adopted. Supervisor Martocchia: . 12. Receipt of notification from the Department of the Army, Corps of Engineers, upon application of Kathryn Robedee, Pine Tree Road, Cutchogue, for permission to do maintenance dredging at her property on Littler-,Creek. Objections will be received until August 11, 1978. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that the Town Board of the -Town- of Southold hereby^ approves the amount of $230, 000.- for a _proposed-bond- for roads and improve-. ments- in the- sub-division known--as- "Paradise-by-the-Sound" as--recommen- ded by Engineer- Lawrence M. Tuthill and the Southold Town Planning Board: . Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent: Justice Suter, Justice Doyen. This resolution was declared adopted . On motion of Councilman Homan,, seconded by Councilman- Drum, it was RESOLVED that the Town Board- of- the Town -of - Southold hereby approves the amount of $100, 000 for a proposed bond for roads and improvements in the sub-division known as' "Country Club Estates" as . recommended by Engineer ,-Lawrence M. 'Tuthiil and the Southold Town- Planning Board: _ Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, 'Supervisor Martocchia. Absent: Justice Suter, Justice Doyen. This resolution was declared adopted. Supervisor Martocchia: 13 . Item 29 on the agenda is merely a notification to the Town of- Southold. relative to their receipt of an application from William B. Smith,' Southold, New York on behalf of Charles J. Rand, ' Southold, for a residential sub-division known as Brionn gloid-by=The-Sea. The N.Y.S. D.E.C.: states this project will not have a significant effect on the environment. 14 . Sometime ago, the Board advertised for bids for construction of 'a tennis court on Fishers Island. No bids were re_- ceived' 'for this project. Justice Doyen, on Fishers Island , was asked to contact the contractors on Fishers Island to determine whether they would be interested in building the tennis court. B'outon Services , Inc. indicated they would be interested and submitted a proposal in the amount of $13 , 500. 'for the complete job. 66 L 5 197 On -motion of Councilman Drum, seconded, by ,Council an Homan, it was RESOLVED that'-,Bouton Services, Inc. , Fishers Isla d, New York be engag.ed. by the_ Town of .Southold to construct a to nis court on Fishe.rs. .Island, apply: lines, ins.tall _po•sts, net, .and 1.0 ft. chain . link fence with gate at the. sum of. $13 , 500.00. Vote of the Town. Board,:, Ayes: . Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia.. - Absent: Justice Suter , Justice Doyen. This resolution was declared adopted. Supervisor Marto.cchi.a:. 15.. There .will be a meeting on Friday,. July _ 28, 1978 at 11: 00 A.M.at Hauppauge relative to the Consortium. Supervisor Martocchia plans.,to. attend. On. motion of Councilman Homan, seconded by Council an Drum,- it was RESOLVED that 4646-$.1 be and hereby is tra sferrel from A7620.4 Senior. Citizen Bus to Contingent A1990.4. Supervisor Martocchia: 15. This Friday, July 28th there will be a party, at the Eastern Suffolk Nursing Home honoring Mrs, Mab�l Richmond on her 100th birthday. Board members will attend. Moved by Councilman Homan, seconded by Council-man ell, WHEREAS the Town_of. Southold and the.Village of Gr enport have heretofore contracted for- the furnishing by the Vi lage of Water for fire protection purposes in that part of the E st-West -fire protection district in the Town wherein the mains :' re installed, and . WHEREAS, .the. contract, by its-terms expired June. 3 1978, and WHEREAS, the parties are •agreed upon the terms of renewal. of said ..contract and a public hearing .was held .in this mat er on the llth day, of July 1978, at. 3: 30 P.M. , NOW, THEREFORE, BE IT RESOLVED, in consideration o the premises and the covenants herein, it is .'mutually agreed as follows: 1. The amount to be paid to the VillagE for making an adequate supply of water available and placing and maintaining hy- drants shall be $70.00 per hydrant, per year . 2 . This agreement shall continue for a period of five years ending on June 30, 1983 .. . 3 . There are in ;existence as , of this. date .one hundred thirty ;seven (137) such hydrants and any hydrants added during the term. of this contract shall be paid ,for - proportionately at the rate of $70.00 per hydrant. per year for such time as such newly added hydrants are in operation upon the joint app oval of the Town and Village- Boards. Vote of the Town Board: Ayes:: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent: Justice Suter , Justice Doyen. This resolution was declared adopted. On motion of Councilman Homan, seconded by. Council an Drum, it was RESOLVED that pursuant to a public hearing held by the Town Board of the. Town of Southold- on the llth day of July, 1978 at 4: 00 P.M. , on' the matter of transferring $50, 000. of Federal Revenue Shari m ng. Funds from the Capital. Fund . (Compactor & Waste Disposal) to .Highway Realignment and Reconstruction, . said transfer be anti hereby is ordered when and if it is necessary. ,_ Vote of 'the Town Board: Ayes: Councilman Pell, Co ncilman Drum, Councilman Homan, Supervisor Martocchia. Absent: ustice Suter, Justice. Doyen. This resolution was declared adopted. Moved by Councilman Drum, seconded by Councilman Pe 1., -WHEREAS, the grantor, Roy Latham, is the owner of a certain parcel of land consisting of 28.2 acres , mo e or less, of farmland, woods and meadow located on the South side of Route 25 in the Hamlet of Orient, Town of Southold, Suffolk County, New York generally bounded northerly by land of Latham; easterly by land of Louis Tuthill Estate_ ; southerly by Long Beach Bay; and westerly by land of Terry, said land being shown- and designated on a certain map prepared by Roderick Van Tuyl entitle[, "Map of Lands Owned by -Roy Latham at Orient, Town of Southold, New York, " dated November 4, 1977 and amended May 25, 1978 . And a second parcel of land consisting of 8.9 acres, more or less, of meadow located on the south side of Route 25 in Orient, Town of Southold, Suffolk County, New York generally bounded Northerly by the westerly branch of Tom Brown' s Creek, easterly by Tom Brown' s Creek; southerly by Long Beach Bay; and westerly by a gutter leading to Tom Brown' s Creek; said land ,being shown and designated on a certain map prepared by .Roderick Van Tuyl entit- led. "Map of Lands Owned by Roy Latham at Orient, Town of Southold, New York, " dated November 4, 1977 and ,amended May, 2.5, _ 1978. And a third parcel of land consisting of '1.3 acrosc. , more or less , of meadow located on the south side of' Route 25 at Orient, Town of Southold, Suffolk County, New York, generally northerly by land of Demarest; easterly by land of ,Demarest; southerly by Tom Brown' s Creek; and westerly by land of Louis Tuthill Estate; said land .being shown and designated on a certain ' map prepared by Roderick Van Tuyl entitled "Map 'of Lands owned by Roy Latham at Orient, Town of Southold, New York; " dated November -4, 1971 and amended May 25, 1978. And a fourth parcel of land consisting of 2 acres , more or less, of meadow located on the south side of Route 25 at Orient, ' .Town .of Southold, Suffolk County; New York, generally bounded northerly by land of Margolin; easterly by Tom Brown '.s Creek, southerly by Tom Brown ' s Creek and westerly by land of Demarest, .said land being shown and designated 'on a certain map prepared by Roderick Van Tuyl entitled "Map of Lands Owned . by Roy Latham at Orient, Town of Southold, New York, " dated November 4, 1977; and which said four parcels of land are more fully described in Schedule A -hereunto annexed and "made a part hereof, which said four parcels of land are hereafter referred to as "the premises , " and WHEREAS_ , said premises constitute an area of natural scenic beauty and whose existing openess ; natural condition, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation of -natural and scenic resources; and WHEREAS, the grantor, Roy Latham, wishes to grant -a scenic and conservation easement to the ,grantee, Town--of Southold, upon ,thepremises; and WHEREAS, the grantee,. Town of Southold, deems it to be in the public -interest-to acquire interests or rights --in real property for the preservation of open space and areas to -preserve the beauty and natural conditions of estuarine areas in the Town of Southold; . and WHEREAS, Section 247 -of the General Municipal Law' of the State of New York provides that municipalities, including Towns , may acquire the -fee or a lesser interest, development right, ease- ment, covenant or other contractual right in and to real property necessary to achieve the aforesaid purposes , and WHEREAS, the grantee, in furtherance of the above policy and in accordance with Section 247 of the General Municipal Law wishes to accept the scenic and conservation easement hereby pro- ffered by the grantor, and WHEREAS, a public hearing was held by the Town Board of the Town of Southold after due notice thereof, with respect to the 6 Q.:� 2 5 19 terms and conditions embraced herein, at which public hearing all interested parties were given an opportunity to be eard; NOW, THEREFORE, in consideration of One 1$1..00) Dollar and other good .and valuable consideration paid by t e grantee, to the grantor the receipt of which is hereby ackriowle ,ged, this agreement witnesseth that: A. The grantor does hereby donate, gran , . transfer and convey to the Town of Southold, a scenic and consarIation easement in gross, . of the nature-, -character and .to the exten � .hereinafter set forth-, ,-overand upon the premises. . 2_ The.-nature', character and extent of, he, easement hereby granted is as follows: (a)_ . No.dredging, excavating., or land fill opera- tions -shall be authorized or permitted in or on the premises , except as required .for agricultural purposes . ,. . (b) No development of any kind shall be permitted nor shall any- commercial use except ,agricultural an horticultural uses be .made .of. the premises . O No building or . structures .shal be placed or erected..o,n the -premises. . (d) No gravel, sand, peat, or other. material, except salt hay or thatch shall be removed from the premises nor shall any sand., gravel or other materials be placed pon the pre- mises;. (e)., , No roadways or driveways shall e constructed on the premises except unimproved farm roads; .(f) The grantee and its authorized . gents shall have the right of inspection. of the premises at- any nd all times during the term hereof. .;. 3 . The nature, character and extent of limitations on the within -grant of easement are as follows: (a) ' Notwithstanding the provisionshereof, the premises shall remain at all times in the exclusive ossession of the grantor. (b) _.All rights, interests and pri_.vi eges of the grantor in the premises not herein specifically dons ed., granted, transferred._and. conveyed shall ..remain _and reside with the grantor. 4. This agreement may be cancelled by th grantor upon, sixty (60) days written notice to .the grantee and up n payment to the .g-rantee of .a . sum equal to three times the differ .nce.between the amount .of. real estate taxes paid .or . assessed against the premise in - the year o.f such cancellation and the amount of r a.l estate taxes that would be assessed against the premises in the year of such' canc:ell:ation had the premises not been burdened with the pro- visions of .this .ins.trument, .both computed .in the tax year in which the cancellation shall .take place. Upon . payment of uc.h sum, the grantee shall execute and deliver to the grantor a release . of. easement instrument in recordable form. 5. In the event that the grantor desires to dispose of the premises, or any part thereof, during the term o this agreement, or any renewal or. extension thereof, by sale, the g for shall give the grantee . thirty (30). days notice of such proposed sale and the terms thereof. The grantee shall have the first option to acquire the premises within said thirty (30) day period on the s me terms as ' any such proposed sale. 6-9 6 . The failure of the grantee to insist upon the strict performance of any of the terms, conditions, covenants, or restric- tions cortained herein, s1m 11 not be deemed a waiver of any sub- sequent breach or fault in .the terms, conditions, covenants or res- trictions contained herein. 7-. If the whole or any part of the premises shall be condemned or taken by eminent domain, ' then this agreement shall forthwith cease from the date of title vesting in such proceeding. .In such event, the grantor shall be required to pay no penalties, nor shall the value of the premises be limited by this easement, nor shall any part of any award. belong to the grantee. 8. The grantee covenants that to the extent legally permis sable, the valuation placed- upon the premises for purposes of real estate taxation will be limited by the restriction of this scenic easement in accordance with Section 247 of the General Municipal Law of the State of New York. 9. All the, covenants, conditions, reservations,. restric- tions_, easements and provisions of this agreement shall continue and remain in effect until the lst day of August 1988, at which time all of the provisions hereof shall be automatica-lly ,extended for successive periods of one (1) year, . unless on or before the 31st day- of May 1988 or sixty (60) days prior to the end of any such extension period, either . party, hereto ;sha.11 by written instrumen t duly recorded in the Suffolk County Clerk' s .Office determine to terminate the same. 10. The burden of this easement- shall run with .the land and shall be binding upon the parties hereto, and their successors and assigns . LEGAL DESCRIPTION PARCEL I BEGINNING at a point on th, e westerly .line -of . land of Louis Tuthill Estate a-nd -the _easterly _1--ine of land of Roy Latham, said -,point being about 1974 feet southerly along said land of Tuthill Estate from the southerly line of Main Road; running thence along said land of Tuthill Estate, three courses: (1) . southerly,, 980.. feet,- more or less; thence (2) Westerly acid southerly, 325 . feet, more or less;, thence (3) Easterly, 210 feet, more or less, to a certain, gutter leading to Long Beach Bay; Thence along said gutter, three .courses: (1) Southerly, about 450 feet, more or less; thence (2) Southwesterly, about 300 feet, more or less•;. :thence (3) Southeasterly, .200 feet, more or less, to Long Beach Bay; thence along Long Beach Bay,.. 'two courses: -(l) Southwesterly, 300 feet; more ,or les-s; -thence,. (2.) Northwesterly, 450 feet, more or less, to -land of .J.. .Droskoski; thence along said land .of J.. Droskoski, eight- courses: (l) Northeasterly, •-17.5 .feet, .more or less; thence (2) Northwesterly, 58 feet,, more or less;- thence - (3) _ Northeasterly, 140 .feet, more or less; thence (4) Northwesterly, 76 feet, more or less; thence (5) Northeasterly,, 107 ,feet;- more 'or less; thence: (6) Wester-ly, ..9.9 feet, more or less; thence (7) Northwesterly, 102 feet, more or less; thence (8) Westerly, 159, feet, more or less, to land of S. .Droskoski; thence along said land of S. Droskoski, two courses: Al) Northwesterly, 252 feet, more or less; thence (2) Westerly, 160 feet-, more or less, to land of Lloyd Terry; thence along . said land of Lloyd Terry, northerly 1010 feet, more or less , to other land of Roy Latham; thence easterly along said other wand..:of Roy Latham, 58.0 feet, more or -less., to. the point of beginning. Containing approximately 14. 9 acres of farm, 4.8 acres of woods, and 8. 5 acres of meadow:. PARCEL II 8: 9 acres of meadow 'described' as £ llov,�s: Northerly by the westerly branch of Tom Brown' s Creek ad-joinjing' lands of Tuthill, Latham and Demarest; Easterly by Tom Brown' s Cre k; Southerly by Long Beach Bay, and westerly by a gutter leading o Tom Brown ' s Creek, said parcel of meadow being known as "Sand an ' s Island. " PARCEL III 1.3 acres of meadow described' as follows- ' Northerly by Demarest about 105 feet; Easterly by Demarest about 720 feet; Southerly by Tom Brown ' s Creek about 70 fee-t; Westerly by Tuthill Estate about 690 feet. PARCEL IV 2.0 acres of meadow described as follow Northerly by Margolin about �188 feet;' easterly by Tom Brow7' :Creek about 5-60 feet; Southerly by Tom Brown ' s Creek about 16 feet; Westerly by Demarest about 550' 'feet. ' P Vote of the Town Board: Ayes: Councilman Pell, C uncilman Drum, Councilman Homan, Supervisor Martocchia: Absent: Justice Suter , Justice 'Doyen. r This resolution was declared adopted. Supervisor Martocchia: 17 . Announced there is a vacancy on the Board of Appeals due to the retirement of Robert Bergen. ` R sumes will be accepted until August 5th. On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that the Commissioners of the Fishers Isl"and Ferry District be and hereby are authorized to advertise for bids for the purchase of a Zord Econoline 150 truck which is fully i.nsu1 ted and is equipped with refrigeration which will protect all perishables, during transit. The District has been directed by the .Department of Health to purchase some type of refrigeration that will protect perishables dur ing transportation. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor Martocchia. Absent: "Justice Suter, Justice Doyen. This resolution was declared adopted. On motion of Councilman Homan, seconded by Council an Drum, it was RESOLVED that supervisor Albert M.-Martocchia be 'a d 'he hereby is authorized to -purchase from J.J. Hart Ford, two us�d police cars at $1400.00 each, for use by the` Building Departmerit 'and Fishers Island. Police. Vote f the Town Board: Ayes: .Councilman Pell, C uncilman, Drum, Councilman Homan, Supervisor Martocchia . Absent: Justice Suter, Justice Doyen. This resolution was declared adopted. . On motion "of Councilman Homan, seconded by Counc'ilnari Pell_, it was RESOLVED that Supervisor Albert M. Martocchia be a�ld `he hereby -is authorized to purchase back from the insurance company, the remains of one damages 1977 police car for $100.00. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Supervisor 'Martocchia.' Absent: lTustice Suter, Justice Doyen.. This resolution was declared adopted: (Supervisor Martocchia stated that the 1977 police -ar they are ' JUL1::51978: 71 purchasing from the insurance company for $10-0 was involved in an accident and was a total wreck. Another 1977 police car 'just blew an engine. They will receive $3800 '. for the car that was wrecked which enables them to buy back the two used cars .and purchase the wrecked car for `$100. The engine' in the wrecked car can be used to replace 'the one that just blew out, and they can 'also salvage the battery, five new tires, and other parts from the wrecked car .which can be used 'to repair ' o.ther police cars 'as .needed. ) ---Mr . Hickey asked if the Town couldn.' t get a refund for the .car with the .blown out engine?:----Councilman Homan explained that .it was a 1977 _car., now two years old, and probably has 80, 000 miles. on it, and no longer comes under the warranty. Mrs. Barbara Schriever asked why the next step in her husband ' s application for -a change of zone is not the public hearing, he `has been to the Planning Board on this matter.----Supe.rvisor Martocchia stated that in accordance with the Code,. when an application is received for a change of zone it must go to the Planning Board..for their recommendation before a public hearing can be scheduled-. This must be done formally by a resolution. Mr . 'Frank -Bear formally thanked the Board for inviting Dr.. Lee Ko p�elmari to- make a presentation on -waste -water "management on the lstof August. Mr. Bear coordinated attendance for this meeting on behalf of. the North Fork -Environmental Council, League .Qf women yo e'rs and North Fork Audubon Society.---Supervisor Martocchia thanked Mr.. Bear for helping him in preparing for this presentation. Mrs. Ann Lavinia presented a petition -to the Board on behalf of 37 residents of South Harbor Road, Southold, -which stated as follows: "We, the people of 'South Harbor Road would like to submit the following requests: 1. SiOns "No Parking Beyond This Point," placed on both sides of the road- beginning at Hiawatha' s Path.- .2'. 'Additional "No Parking" signs strategically placed at approximately 250 feet intervals. ;on each side of the road from Hiawatha ' s Path to the beach. .(These. restrictions are. necessary only between June 1 to September 30. ) 3 . 30-mile speed limit. signs , on .South Harbor Road. 4. Police call box at end of road . as close to beach as possible. We hope that enforcement of these restrictions will alleviate congestion and promote safety in this area. " Supervisor Martocchia pointed out that the area in question, or most of it, is 'under the' jurisdiction' of the Southold Park District. As far as the call box is concerned, the Board is thinking of eli- minating the ones they have and going to a different system as there is so much vandalism. They are considering telephone booths, as anyone can use them by dialing 911 and ' th`e dime is .returned and the call goes directly to the police station. As far as speed zone, they will refer this to Chief Cataldo "for study. Mrs . Robert Thompson; South Harbor Road, Southold, requested that si ns "no fishing`" and "no dogs" be placed in the protected area at Kenny' s Beach.---Supervisor "Martocchia stated they did have signs "no fishing" and "no dogs" but the signs disappear. They will look, into this matter again. Just recently the. dog wardens were called. . in before -the Supervisor to discuss their work, and shortly after that they began: a general clean-up of dogs in the Kenney' s Beach area. Mrs . Thompson, asked how they can go to the Causeway beach in Cutchogue?---Supervisor Martocchia stated that is a park district and they must own property or live in that area. That is the Cut- chogue-New Suffolk Park District.----Mrs. Thompson said the beach at the end of South Harbor is Town.---Councilman Homan stated the Town only has a road end there, not a beach.---Supervisor Martocchia 72 JU 25 � 7 stated it is not a public beach, on public beaches they must provide a life guard., beach attendant,_ sanita.tion -facil.itie and when you don ' t see them,' ' it means ..the Town doe's .-not, have .a public .beach there, There are over 80 road, ends in the Town of South,o,ld, they are not public beaches.,=--Jody_Adams,. :Peconic, -asked Town Southold Tasker what is the definition of a semi-public beach?----T wn Attorney Tasker -stated -that 'is is *a phrase they usde in - the, �rdinance and it was taken 'from State. Law. It is a beach that -is not completely a public beach and- .it .i;s not completely -a- private beach, it is probably a beach that is ued by the, public abut .poss bly , the_ public does not own.' He thinks' the 'intention of the legisJ ature -was to embrace within that provision not only beaches for which there was no .question of the ownership. and use, being publ,i�c.,and. other _. areas which -(such as the Emerson .property.,at South arbor). has been opened,_arid.-used by ,the public and used as a public athing. beach, , although it is, :privately owned property.---Ms .. .,AdamslI asked..who owns the beaches -,at ;the .ends of the roads, who owns the._at4r?---T.own Attorney. Tasker stated there, is a. difference betwee ..:regulation. a nd ownership. , The -1500 ft. is .a.n enabling statute in e State Law which permits Towns to regulate the operation of boats for a distance of 1500 ft. from the shore. That is a case where .the ;Town of Southofd does. not ,own the bottom, ,does. .not:_own. the waterway, it is owned by, the ,State, but the State has delegated. the authority to the Town to regulate within ,1500 ,ft. .That does .n�ot mean the .Town owns the bottom gf 'the."water,:way.'=--Ms :. Adams asked- if the .State owns the beach -at the end of:. 'th-e'.,.ToWft-;roads?_---,-Town Attorl_,ey, ,Tasker stated yes",* below the high water mark. ---Ms. Adams as ed above , high water mark? That_:i's owned by the Town?---Mr. .T sker said not necessarily, it may be privately. owned.. . For ,ins ance, the land at ,the end, .of -South .Harbor ,Road.,was, filled,. and the land . that was filled is State owned land-.• TnThen you, f ill and, .you .. do not .chap4e the ownership of the'land that was fie ed by a dredge.. ---Ms. Adams asked about the end of Indian Neck Lane.---Mr. Tasker said- he. is not sure,- he would have to search back ,in- history to, see what has happened', "whether there has been -any. ,dredging there. Mr. David Driscoll asked. if the CATV, hearin.g .on August 2.2nd will be a public hearing?---He was advised. it will be.-----He sked.-_if,, there is a topic for that hearing?---Supervisor Mar`tocchia st ted,.'it is a rate change hearing.--.-Mr.. Driscoll asked if there a e any develop- ments in this matter that the Board. is aware of in, p�ivate discussions with CATV that the, public should know about before. the public hearing? -- S.upervisor_. Mar,.tocchia stated - that he has had no, urther pr,i.vate discussions. since the executive session meeting .with Mr .Jones that the public has .been made .aware of.----Councilman Hom n said. the . Board will, welcome_..public . ,partic;ipa.tion .at the.;.publi I, hearing inas- much as the .Board for the most part .does .not have CA V ----. Mr. Driscoll said the reason he raised the question is t a,t. there have been so many conflicting statements by; CATV..in ,the.;n wspap er.:ad-, vertisements.=--Mrs. Barbara Schriever said,, whereas the-, Board does not ,.have CATV, they would not be aware that ,it, ent off last night right in the middle .of the news. and they could ' t, get a single station and . it was off for quite a while, ; This happeens quite frequently. _ On motion of Councilman Homan, ,seconded.. by Councilman ,Drum, .it -was RESOLVED that there .beng, no , further .business to .,coml. before .this Town -Board meeting- adjournment be` called : at, 4,: 10 P.M. Vote of the Town Board: Ayes: Councilman ' Pell, Cou cilman Drum, Councilman Homan, Supervisor , Martocchia . . Absent: Justice Suter, Justice Doyen. This._.resolution was declared adopted. Town Clerk