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HomeMy WebLinkAboutTB-05/19/1970 MEETING OF MAY 19, 1970 The Southold Town Board met at the office of Supervisor Albert Martocchia, Greenport, New York, on Tuesday, May. 19, -1970 at 3.:00 P.M. -with `the 'follow- ing present: Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards.; Town Attorney Tasker; Supt.' of Highways Dean and Town Clerk Richmond. Absent: Justice Demarest and Councilman Rich. Moved by Justice- Suter; seconded by Councilman Valentine;' RESOLVED: That the minutes of .May 5, 1970 be and they hereby are approved. Vote of Town "Board: Ayes-Supervisor Martocchia; Councilman Valentine; ' Justices Suter and Edwards: Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED: That the next meeting of the Town Board will be held-at .the office of Supervisor Albert Martocchia, 16 South Street, Greenport, N.Y, on Tuesday, June 9, 1970, at 8 :30 P.M. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. , Moved by. Justice Suter; seconded by Councilman Valentine; RESOLVED: That Supervisor, Albert Martocchia be and he hereby is author- ized to contract for service maintenance for one year on the Smith Corona Printing Calculator used in the tax office, sum not to exceed $145. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. moved by Councilman Valejitine; seconded by justice Suter; . RESOLVED.: That Corbett Jones; Terry Harnan, .Thomas B. Reeve and .A. Nelson Chapman be and .they . are appointed to the Southold Town Conservation Advisory Council for a period of 20 months ending Feb. 1, 1972 to serve at the pleasure of the Town Board. Vote of Town Board: Ayes; Supervisor ,Martocchia; "Councilman Valentine Justices Suter and Edwards.' Moved by Councilman Valentine; seconded by Justice Edwards ; RESOLVED: That A. Nelson Chapman be and he hereby is appointed Chairman of the Southold Town Conservation Advisory Council for a period ending Feb. 1, 1971, he to serve at the pleasure ' of the Town Board'. Vote of Town . Board: Ayes ; Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Councilman Valentine; seconded by Justice Edwards; WHEREAS,. a petition was received from residents of .Youngs Avenue,, Orient, requesting a 30 MPH speed limit on Youngs Avenue, Orient, N.Y. , NOW, THEREFORE, BE IT RESOLVED: That Supervisor Martocchia be ' and he hereby is requested to contact the New York State Traffic Commission for a study on Youngs Avenue, and a request for a 30 MPH speed limit. Vote of Town Board: Ayes- Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That the Southold Town Board release the Bond of $13 , 000 on . the Subdivision known a� BIRCH HILLS, in Cutchogue, New York, owned and developed by Birch Properties, Inc. as recmmmended.by the Southold Town Planning Board for the completion of roads and improvements. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Councilman Valentine; seconded by Justice Edwards; RESOLVED: That the following letter be placed on file and recorded.,in the minutes of this meeting: Chief Carl Cataldo Southold Town Police Department Police Headquarters, Peconic, New York. Dear Chief Cataldo; Patrolamn John F. Scott of our Narcotics Squad through his Commanding Officer Detective Sergeant Robert Cummins has particularly requested that your Detective, Henry Stepnoski, be recognized for his C3 assistance and cooperation in the recent narcotics investigation identi- fied. as "Operation Scramble". Detective Stepnoski cultivated a confidential informant whom he turned over to this department which paved the way for undercover agents to be able to make cases against seven dealers in the Southold area. During the course of the investigation he continued to supply vital in- formation that aided in identifying and locating these drug traffickers. It is a pleasure for me to commend Detective Stepnoski ' s cooperat- ion which played a vital part in the success of our joint narcotics operation. q Very truly yours, John L. Barry, Commissioner Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. The Town Board wishes to commend Detective Joseph Sawicki who also participated in "Operation Scrambsl&" . Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That the Supt. of Highways of the Town of outhold be authorized to advertise for bids and to purchase from the lowest responsible bidder, 1, 000 bags of Portland Cement, more or less, as may be needed. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. r Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED: That Supervisor Martocchia be and he is authorized to sign a lease with the Southold Fire Commissioners on leasing of a parking lot aroung the Southold Fire House, Main Road, Southold, N.Y. to. be 'used by the general public, at a sum of $1.00 per year for five years beginning April 1, 1970 and ending March 31, 1975. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Justice Suter; seconded by Councilman Valentine; WHEREAS, Town of Southold has entered into a. written contract for the purchase of real property, from the New York Telephone Uompany located on the North side of Main Road, (Route 25) at Cutchogue, New York, Town of .Southold, Suffolk. "'ounty, New York, for the sum of $9, 000. 00, and WHEREAS,. THE . Town of`'Southold now has surplus funds in an amount suff- icient to purchase said property including the incidental expenses in connection therewith, NOW, THEREFORE, BE IT RESOLVED: That the Town of Southold purchase said real property from the New York Telephone Company, said property being generally bounded north by land now or formerly of Olsen 50 feet; easterly by land. now or formerly of Olsen 100 feet; southerly by Main Road 50 feet; and westerly. by land now or formerly of Samohle 100 feet; and IT IS FURTHER RESOLVED that surplus funds of the Town of Southold be used for the purchase of said property and all closing costs incidental thereto, and IT IS FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to do all things necessary to consumate the purchase of said property including the payment therefor. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED: That Police Chief Carl Cataldo be and he is authorized to adver- tise for bids for t 5th wheel calibration to be used by the Southold Town.,:Police and other east end towns, part of the cost of said calibration to be .paid by other towns. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Councilman Valentine; seconded by Justice Edwards;' WHEREAS, Chief Carl Cataldo has named Sgt. Barney Harris, Patrolman James Mellas 'and Patrolman Robert Conway, Policemen of the month for their out- standing police, work, NOW, THEREFORE, BE IT RESOLVED: That. Supervisor Martocchia be requested to 286 to send a note of congratulations to each of them on behalf of the Town Board. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That Albert. Richmond, Town Clerk, be and he hereby is author- ized to purchase and have installed a suitable screen fence between the property owned by Mrs. Alice Thompson and Town property adjacent . t o the recreation area adjoining the Town Clerk Office building, the sum not to exceed $500. 00. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved by Justice Edwards; seconded by Justice Suter; RESOLVED: That Councilman Valentine;be and he hereby is authorized to purchase a small metal building and place it on Southold Town Property- for use by the Senior Citizens to store equipment, the sum not to exceed $150.00. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman. Val,entine; Justices Suter and Edwards. Mr. Theodore Chanoux appeared before the Board requesting a guard- rail at ' Bay View Ave. , Shore Acres, Mattituck, N.Y. to prevent the launching of boats at the end of this road, Highway Supt. Raymond Dean agreed to take care of the matter. Moved by Councilman Valentine; seconded by Justice Suter; WHEREAS, Chapter 449 of the Laws of 1970 of the State of New York pro- vides the Town-Board of the Town of Southold, Suffolk County, New York, may adopt a resolution, subject to a permissive referendum, determining that the provisions of article thirteen of the town law shall be applic- able to the Orient-East Marion Park District, and WHEREAS, the Town Board is desirous that the Orient-East Marion Park District shall be governed in the manner provided in article thirteen of the town .law, NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to the provisions of Chapter 449 of the Laws of 1970 the Town Board of the Town of Southold does hereby determine that the provisions of article thirteen of the town law shall be applicable to the Orient-East Marion Park District. 2 . That within ten days after the adoption of this resolution the Town Clerk shall cause to be published at least once in the Suffolk Weekly Times, a newspaper regularly published and having a general circulation within the Orient-East Marion Park District, a notice which shall' set forth the date of the adoption 'of this resolution and shall contain an abstract of this resolution concisely stating the purpose and effect t thereof. Such notice shall specify that this resolution was adopted sub- ject to a permissive referendum. The Town Clerk shall also, .within ten days after the adoption of thie resolution cause a copy of- such notice- to be posed on the signboard maintained pursuant to .subdivision' six of section thirty of the town law. 3 . That this resolution is adopted subject to a permissive referendum.- Vote of 'Town Board: Ayes: Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Mr. C. Beier, Mattituck, New York, appeared before the Board and presented Supervisor Martocchia with a petition regarding pollution and speeding of boats in Mattituck Creek. Moved by Justice Edwards; seconded by Councilman Valentine; RESOLVED: That this Town Board approves the action of the Commissioners of the Fishers Island Ferry District in the leasing of the Air Field to Peconic Air Services, Inc. according to the following agreement: THIS AGREEMENT, made this day of 1970, between THE FISHERS ISLAND FERRY DISTRICT, a district created pursuant to Chapter 699' of the Laws of 1947 , as amended, having its office and principal place. of bus- iness at Fishers Island, Town of Southold,. Suffolk County, New York, hereinafter called the District and PECONIC AIR SERVICE, INC.:, a domestic corporation of the State of New York, having its odfice and principal place of business at Riverhead, Suffolk County, New York hereinafter called the Operator. I_ J WITNESSETH: WHEREAS, the District is the owner of an airport located 'at Fishers Island, Town of Southold, Suffolk County, New York, generally known as- - the Fishers Island Airport and hereinafter called the Airport and is de- sirous of engaging the Operator to operate said Airport for and on behalf of the District; and WHEREAS, the Operator is presently engaged in air taxi and related activ- ities and is desirous of operating the Airport for and on behalf of the District, NOW, THEREFORE, for and in consideration of the premises and of the mutual covenants and agreements hereinafter contained, and other valuable consid= erations, the District does hereby lease, grant, and let to the Operator and the Operator does hereby hire, take and lease from the District .the following premises, facilities, rights, and privileges on and at the Air- port, upon the following terms and conditions, to wit:- 1. The district does hereby grant unto the Operator the non- exclusive use in common with dithers authorized so to do, of the Airport and appurtenances, together with al"l 'facilities and services which ha"ve been or may hereafter be provided at or in connection with the Airport consisting of roadways, runways, taxiways, aprons, aircraft parking areas, automobile parking areas, landing lights, signals, radio communi- cation equipment and other facilities for flying, landing and take off of aircraft. 2. The Operator shall have exclusive use of the hangar and building attached thereto (hereinafter called the Administration Building) located on the Airport subject to the following terms and conditions, to wit:- (a) The Operator shall during the term hereof maintain the lights, water and toilet facilities in the Administration building for the conven- ience of the public. Any required repairs to such facilities shall be performed by and at the expense of the District. (b) The Operator shall provide adequate facilities in the Administration building for the accommodation of passengers and other persons using the Airport. (c) The District shall provide and maintain the necessary radio communication equipment and the Operator shall operate the same. (d) The District shall install and maintain a public coin operated telephone which shall be available to 'the public. (e) The Operator shall have the right to .sell food and beverage for consumption by the public and install, operate and maintain the necess- ary machines, . equipment and facilities for such purposes. (f) The Operator shall have the right to install, operate and maintain travel agency facilities in the Administration building. . 3. The Operator shall have the right to sell gasoline, oil, grease, lubricants, fuel and other equipment or. supplies at the Airport and to install, provide, maintain and operate such storage facilities; vehicles, machinery and equipment necessary for such purposes provided that the same shall not interfere with the reasonable use of the Airport -by others and further provided that the location of such facilities shall be subject to the dpproval of the District. 4. With respect to .the Airport facilities described in paragraph' l of this agreement, the Operator shall keep the same free from obstructions and other foreign matter. The District. shall cut the grass along the run- ways to a width of five feet on both sides, and around the hangar and tie down areas and maintain and repair the runway and runway lights so that the premises shall be safe and convenient for the use thereof as a public Airport and in all respects in accordance with all law, rules and regul- ations of all governmental agencies having jurisdiction thereof, The District agrees to perform all major repairs to the runways, including the resurfacing of the same, the removal of snow therefrom, and all re- pairs, injury or obstruction to the runways caused by storms, floods or ' the acts of God. 5. The Operator, at its own cost and expense, may construct build- ings or add to, modify, renovate or improve the buildings or struct*res presently located at the Airport, provided, however, that prior written consent bhall be given therefor by the District. 6. The Operator shall have the right to provide aircraft flight instructions at the airport provided that the same do not interfere with the use and operation of the Airport as a public airport for the general use of the public. 7. The Operator shall have the right to perform aircraft maintenance and repair operations at the Airport and in connection Vherewith -to purchase and sell aircraft parts, equipment and supplies provided that such operat - ions -do not interfere with the use and operation' of the Airport as a public airport for the general use, of the public. 8. The Operator shall have the right to perform and provide an air tax service at the Airport both scheduled and non-scheduled on' a non-exclus- ive basis. 9. The Operator shall' at its own expense obtain and maintain during the term of this agreement, policies of insurance providing public liabil- ity insurance covering its operations, said policies shall name the Operator, the District and the Town of Southold as named insureds. Certificates of insurance shall' be furnished to the District. 10. During the term of this agreement, the Operator agrees to provide an attendant at the Airport at all of the following times, to wit:- (a) During the period commencing Friday, May. 22, 1970, and ending on June 21, 1970, an attendant will be on duty from Friday noon to 8:00 P.M. ; (b) During the period commencing on June 22, 1970, and ending on. September 8, 1970, an Attendant will be on duty daily for a period of not less than ten (10) hours each day. 11'. The Operator shall charge and collect the following aircraft landing fees and aircraft parking fees : Landing Fees : Aircraft Private Aircraft .Commercial Stnaclle Single $ 1. 50 . $ 2. 50 Light Twin 3. 00 4. 00 ' Heavy Twin 6. 00 .10.00 Parking Fees : Private or Commercial Single Light Twin Heavy Twin Overnight $ 2.00 $ 2 . 50 $ 5. 00 Per Week 10. 00 14.00 25.00 Per Month 30. 00 35.00 50. 00 Per SEason 50. 00 65. 00 100.00 The Operator agrees to maintain accurate books and records of all such fees collected which books and records shall be made available at all reasonable times for examination and inspection by the District. 12.7-The' landing and parking fees collected by the Operator during the term hereof as provided in the proceeding paragraph shall be divided between the parties hereto in the following manner: (a) All such fees not exceeding the sum of $4, 500. 00 shall be retained by the Operator. (b) Fifty (50/) per cent of all such fees in excess of $4, 500. 00 shall be paid over by the Operator to the District. 13 . - The term of this agreement shall be f.or a term of seven (7) months commencing on the 22nd day of May, 1970 and ending on December 22, 1970. 14. The Operator shall not at any time assign this agreement or any part thereof withogt the consent in writing of the District. 15. In the event that the Operator fails or neglects to perform any' act or duty imposed upon the Operator by the provisions of this agree- ment within 24 hours written notice of such default, the District shall have the .right to remedy such default and the cost and expense of the same shall be a charge against the Operator. 16. The District shall have the right to demand that the Operator discharge any attendant at the Airport for any reason deemed prejudicial_ to the proper operation of the Airport. IN WITNESS WHEREOF, the parties hereto habe signed their names and affixed their seals on the .day and year first above written. The Fishers Island Ferry District By Peconic .Air Service, Inc. Vote,.of ,Town Board: Ayes-supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. 89 Moved by Justice Edwards; seconded by Councilman Valentine; RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 19, 1970, AUTHORIZING THE REDEMPTIONS IN PARTA OF A $27 , 000 BOND ANTICIPATION NOTE FOR LAND ACQUISITION-1969, TO THE EXTENT, OF $14,000, . .. . AND APPROPRIATING' SAID AMOUNT THEREFOR. Recital WHEREAS,- the Town of Southold (herein called "Town") , in the " County of Suffolk, New York, has heretofore duly authorized, sold and issued its $27 , 000` Bond Anticipation Note For Land Acquisition-19,69, and it is now desirable to redeem said Note- to the extent of $14, 000 from a- source other than the proceeds of the bonds in anticipation of which said Note has been issued; 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 $27, 000 Bond Anticipation Note For Land Acquisition- 1969 of the Town, hereinabove referred to in the Recital of the resolution, is hereby authorized to be redeemed on or before June 5, 1970„ to the extent of $14, 000 from funds of the Town now available to said purpose, said funds being a source other than the proceeds of the bonds in antici- pation of which said Note was issued,- and the said amount of $14, 000 is hereby appropriated therefor. Section 2 . This resolution shall take effect immediately. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. Moved. by Justice Edwards; seconded by Councilman Valentine; BOND anticipation NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 19, 1970, AUTHORIZING THE RENEWAL, IN PART, OF THE $27 , 000 BOND ANTICIPATION NOTE FOR LAND ACQUISITION-1969, BY THE ISSUANCE OF A NEW NOTE IN THE PRINCIPAL AMOUNT OF $13 , 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 $27 , 000 Bond Anticipation Note For Land Acquisition-1969, and has duly authorized the redemption of the Note to the extent of $14, 000 and it is now necessary and desirable to provide for the renewal, in part, of said Note by the issuance of a new Note in the principal amount of $13 , 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 $27, 000 Bond Anticipation Note For Land Acquisition- 1969 of the Town, dated June 6, 1969, maturing June 5, 1970, subject to. prior redemption, numbered 3R-1, heretofore duly authorized, sold and issued pursuant to the bond anticipation note resolution duly adopted by the Town Board on May 20, 1969, is -hereby authorized to be renewed, in part, by the issuance of a new Note in the principal amount of $13, 000, s said dated June 6, 1969, having been heretofore duly authorized to be re- deemed from a source other than the proceeds of the bonds in anticipation of which said Note has been issued, to the extent of $14, 000, all as here- inabove 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 of said re- newal 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: $13, 000 Bond Anticipation Note For Land Acquisition-1970. Dated: June 5, 1970 Matures : June 4, 1971, subject to prior redemption No. 4R-1 Denomination: $13 , 000 Interest Rate: 4.65% per annum, payable at maturity Place of payment of principal and interest: Supervisor ' s Office Greenport, New. York Form of. Note: Substantially in accordance wity form prescribed by Schedule B, 2 of the Law. 290 Section 3. Said Note , is hereby sold to the SECURITY NATIONAL BANK OF LONG ISLAND,, Southold Office,. Southold, New York, at the price of $13, 000 to bear interest at the rate of four and sixty-five hundredths per centum (4.65/,) per annum, payable at maturity, and the Supervisor is hereby authorized to deliver said .Note to said purchaser upon receipt of the purchase price, plus accrued interest, if any, from the date of said Note to the date of delivery. i Section 4. Said Note shall contain the recital of validity prescribed by S. 52. 00 of the Law and shall be a general obligation of the Town, payable as to both principal and interest by a general tax upon all the 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 paaropriation 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. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Edwards. ,.Adjournment. . _ Albert. W. Richmond Town Clerk