HomeMy WebLinkAboutTB-12/08/1970 . 48
MEETING OF DECEMBER 8, 1970
The Southocld .Town Board met at the office of Supervisor, Albert Mar-
tocchia, 16 South Street, Greenport, New York, on Tuesday, December
8, 1970, with the following present: Supervisor Martocchia; Council-
men Valentine and Rich; Justices Demarest and Suter; Town Attorney
Tasker; Supt. of Highways Dean .and Town Clerk Richmond.
Moved by Councilman Valentine; seconded by Justice Suter;
RESOLVED: That .the minutes of November 24, 1.970, , be and they hereby
are approved.
Vote of Town BcErd: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Suter; seconded by Councilman Valentine;
RESOLVED: That the next meeting of the Town Board will be held at
the office of the Supervisor, Albert .Martocchia, at 16 South .St.', i.
Greenport, New York, on- Tuesday, December 22 , 1970, at 3 :00 P.M.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Councilman Rich;
RESOLVED: That the reports of the Building Inspectors, Board of
Appeals, Police, Justice Suter, Supervisor and Town Clerk for- the
month of November, 1970, be accepted by the Town Board and placed
on file. Vote of Town Board: Ayes-Supervisor
Martocchia; Councilmen Valentire and Rich; Justices Demarest and Suter.
Moved by Justice .Suter; seconded by Councilman Valentine;
RESOLVED: That Supervisor Albert Martocchia appoint Herbert Boughton,
Mattituck, New York, for the position on the Fire Advisory Board
of Suffolk County, representing the Town of Southold, for the year
1971, a position which he presently holds.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Suter; seconded by- Justice Demarest;
RESOLVED: That the following proclamation be adopted by the Southold
Town Board:
WHEREAS, 600 people- were killed or injured in holiday traffic
accidents in Suffolk County last year, and
WHEREAS, alcohol is the greatest contributing factor in highway
fatalities, particularly during holiday periods, and
WHEREAS, the Suffolk County -Committee of Traffic Safety Boards. .is
conducting a campaign during the holiday period of Dec. 21st to-
Jan. 3rd, 1971 aimed at the problem of. excessive use of alcohol,
NOW, THEREFORE, I, Albert Martocchia, Supervisor of the Town of
Southold, do hereby urge all of our citizens to drive and walk
safely during the holiday season so they may live to enjoy the New
Year. Vote of 'Town Board: Ayes-Supervisor Martocchia; Councilmen
Valentine and Rich,; Justices Demarest and Suter.
Moved by Justice Suter; seconded by Councilman Rich;
WHEREAS, Mabel Miles has applied to the Town Board for a single trailer
renewal permit dated Dec. 7, 1970,
NOW, THEREFORE, BE IT RESOLVED: That the application of Mable Miles
to locate a single trailer on her property, Private Road, Mattituck,
New York, be and hereby is granted for a period of six months.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Demarest; seconded by Councilman Valentine;
WHEREAS, a petition was received from Matthew Mullen, Cutchogue, N.Y.
requesting a change of zone of certain property inmCutchogue, N.Y.
said petition fora change of zone from "A" Residential and Agric-
ultural District to "B-2" Business District,
NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town of
Southold be and he hereby is directed to transmit this application
to the Planning Board in accordance with Section 901, Subdivision C'
of Article IX of the Building Zone Ordinance of the Town of Southold.
Vote of Town Board: Ayes- ALL
134.,
Moved by Justice Demarest; seconded by Justice Suter;
WHEREAS, Section 105 of the Town Law provides that Town Officers and
Employees who receive and disburse monies bf the Town shall account to
the Town Board for all monies received and disbursed by them on or
about. -the '28th day of December, but not later than the 31st day of
December in each year, and
WHEREAS, the Town Board deems it necessary to engage a public accountant
to prepare the aforesaid annual account for all town officers and employees,
NOW, THEREFORE, BE IT RESOLVED: That the Town Board engage the services
of Irving Miller, a public accountant, to make the annual audit of the
books, records, officers and employees of the Town of Southold, for the
fiscal year 1970 at a contract fee of $
Vote -bf Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Councilman Rich;
WHEREAS, The Knights of Columbus, Greenport,. New York, Southold- American
Legion Post #803 and- Southold American Legion Auxiliary ##803 , Southold,
New York, applied to the Town Clerk- for Bingo Licenses, and
WHEREAS, - the Town Board has examined the applications and after invest-
igation, duly made findings 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 bjz'-law, and it'. is further
RESOLVED: ,That 'the Town Clerk be and he hereby is directed to issue
Bingo `Licenses to Knights- of Columbus, Greenport, N.Y. ; Southold
American Legion Post #803 and Southold-American.Legion Auxiliary Post- #803.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine;
and Rich; Justices Demarest and Suter.
Moved by Justice Suter; seconded by Councilman Rich;
RESOLVED: That the Tax Bill for 197071 for the former Telephone Build.
ing- in Cutchogue, now owned by the Town of Southold, be and hereby
is ordered- paid, the taxes amounting to ..the sum of $21. 65.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices -Demarest and Suter.
Moved by Justice Demarest; seconded by Councilman Valentine;
WHEREAS, James Fitzpatrick, Patrolman in the Southold Town Police .Depart-
ment, was involved in an automobile accident while operating a Southold
Town Police vehicle causing damage to said vehicle and disobeyed certain
Rules and Regulations, and
WHEREAS, the Chief of Police caused an investigation to be made with
respect to said occurrences and has made a report thereof, to the Town Board,
together with his recommendations, ' and
WHEREAS, the Chief of Police has -advised this Board that at the conclus-
ion of said investigation he informed Patrolman Fitzpatrick that he
would recommend to this Board that Patrolman Fitzpatrick forfeit two
days compensation for Rules and Regulations and one day compensation
for the accident, and further advised this Board that Patrolman. Fitz-
patrick has executed a paper in writing- wherein he has. waived any and
all-- rights with respect to a hearing before the Town Board. concerning
such' chargges ' and consented to accept the forfeiture 'of two days .cotnpen-
sation for= Ru-les and Regulations and one day for -the accident if .the
recommendation of the Chief of Police is accepted by the Board,
NOW-, THEREFORE, BE IT RESOLVED: That this Board does hereby accept
the recommendation of the Chief of Pol (� e concerning the- aforesaid
indidents involving Patrolman Fitzpatrick and it is.' further
RESOLVED: That.- Patrolman Fitzpatrick forfeit three day compensation.
Vote of .Town Board: Ayes-Supervi sor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Demarest; seconded py Councilman Valentine;
RESOLVED: That Police Chief Carl Cataldo be and he hereby is authorized
to advertise for bids for five (5) marked police cars and one (.l) un-
marked police car for use by the Southold Town Police.
Vote of Town Board: Ayes-Supervisor- Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
50
Moved by Councilman Valentine; seconded by Councilman Rich;
RESOLVED: . That Supervisor Albert Martocchia be and he hereby is authorized
to sign the following contract with the Village of Greenport for East-.
West Fire Protection District, Town of Southold, New York:
WHEREAS, there has been duly established in the said Town a fire_. protect-
ion district known as "East-West Greenport Fire. Protection District, Town
of Southold, New York", hereinafter designated as the District, embracing
territory in said Town adjacent to the said Village as such territory is
more fully described in the resolution establishing such District and
duly adopted by the Town _Board of the Town of Southold on the 14th day
of November, 1945, and
WHEREAS, following a public hearing duly called, the said Board duly,::., .
authorized a contract with the Village for fire .protection to the District
upon the terms and provisions heuein set forth, and
WHEREAS, this contract has also been duly authorized by the BoardB.oard
of Trustees and the Mayor of the Village,
NOW, .THEREFORE, the Town. does engage the Village to furnish fire pro-
tection to said District and the Village agrees, to furnish such pro-
tection in manner ,following, to wit:-
1. The . fire department of. the Village shall at all times during the ,
period .of this -agreement be subject . to call for attendance upon any -fire
occuring in such district, and whn notified. by alarm or telephone call
from any. person within the District of a fire within the District, such,
department shall respond and attend . upon - the fire without delay with. a
minumum. of three pieces of apparatus and suitable men, ladders, .pumping. "
and hose .apparatus .of the . V,illage and upon. a silent alarm or some other
alarm rather than a general alarm, with such men and apparatus as shall
be deemed suitable by the Chief of the Fire Department of the Village or
his subordinates in authority.
It is understood and agreed by the parties hereto that the furnishing
of the apparatus of the Village Fire Department and the response by ,the
firemen shall be subject to the order of the Chief of the Fire Department
of the Village, or his subordinates in authority who,, .in their. discretion
in the event of any emergency as, ,for example, another fire at the same
time, in the said District or in the Village, may designate smch men
and apparatus to any particular fire as may deem necessary. -Furthermore,
the said Chief, or his subordinates, in authority, shall have absolute
discretion as to the sending in of additional alarms and calling in.
responses to. a fire department. of other districts.
2. In consideration of furnishing aid and, the use of its apparatus
as aforesaid, the Village shall receive the ,following sums. for the years
so indicated
1971--------- --------$11, 100- 00
1972------------------11, 900.00
1973----------- ------- 12, 700.00
1974----------- ------ 13, 500. 00
1975----------------- 14, 300.00
Such sums shall be 'payable by the.. Town Bach year during the ,term of this
contract, .and shall be payable on: or before the. lst..day of February of
each.'year.
3.: All moneys to be paid under this agreement shall be a charge upon
the said District, to .be assessed and levied upon the taxable property
in said -District. and collected with the Town taxes; to be listed. separate-
ly on tax bills and not combined with charges for Hydrant Rental.
4. Members of the fire department of the -Village, while engaged. in
the performance of their duties in. answering,, attending upon or returning
from any call prov.eded' for by this. contract shall. have the same rights,_
privileges and immunit.ies. as if performing the. same. duty in, said -Village.
5. Th-is :agreement shall continue for.. ,a period of five (5) years
commencing February l; 1971.
Vote of Town Board:Ayes-Supervisor Martocchia; ,Councilmen Valentine
and Rich; Justices Demarest and Suter.
3.51
Moved by Justice Demarest; seconded by Councilman Valentine;
BOND RESOLUTION OF THE TOWN OF S OUTHOLD, NEW YORK, ADOPTED
DECEMBER 8, 1970, AUTHORIZING THE TOWN TO PARTICIPATE WITH
THE' COUNTY OF SUFFOLK, IN THE JOINT. PROJECT OF CONSTRUCT-
ING THE GRAND AVENUE BRIDGE, IN SAID TOWN, AT AN ESTIMATED MAXIMUM
COST OF $41, 000, APPROPRIATING $50, 000 TO PROVIDE THE
TOWN'S SHARE OF SAID COST AND AUTHORIZING THE ISSUNANCE
OF $50, 000 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION.
Recital
WHEREAS, athe Town Board of the Town of Southold (herein called
"Town") , in the County of Suffolk, New York, and the County of
Suffolk have heretofore duly agreed to jointly construct the Grand
Avenue Bridge, in the Town, and to share in the cost thereof, and
WHEREAS, it is now necessary to provide for financing the Town ' s
share of the cost of said specific object or purpose; now,
THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by a favorable
vote of not less than two-thirds of all the members of said
Board) as follows :
Section 1. The Town of Southold is hereby authomi:zeddto participate with
the County of Suffolk in the joint project of constructing. .the- Grand
Avenue Bridge, in the Town, including constructing of retaining walls and
approaches thereto, and acquisition of land and rights in land. The
estimated maximum cost of said specific object or purpose,. including pre-
liminary costs and costs incidental thereto and the financing thereof,
is $410, 000. The amount of $50, 000 is hereby appropriated to provide the
Town' s share of said cost, The plan of financing includes the expendit-
ure of $360, 000 by the County and $50, 000 by the Town, and with respect
to said appropriation, the issuance of $50, 000 serial bonds of the Town
and the levy of a tax upon all the taxable real property in the Town to
pay the principal of said bonds and the interest thereon.
Section 2. Serial bonds of the Town are hereby authorized to be issued
in the principal amount of $50, 000, 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") , to finance said approp-
riation.
Section 3.. The following additional matters are hereby determined and stated:
(a) The period of the probable use of the specific object
or purpose for which the bonds authorized by this resolution are to be .issued,
within the limitations of Section 11. 00 a. 10 bl ethe Law, is twenty (20)
years, but the maturity of said bonds shall not exceed five (5) years.
(b) Current funds are not required by the Law to be provided as a
down payment prior to the issuance of the bonds herein authorized or 06
any notes in anticipation of the sale of such bonds, pursuant to Section
107 . 00 d. 4 of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of such bonds shall
contain the recital of Validity prescribed by S. 52. 00 of the Law, and
said bonds and any bond anticipation notes issued in anticipation of said
bonds shall be general obligations of the Town, and, shall be payable as
to both principal and interest by general tax upon all the taxable real
property within the Town without limitation or 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 bonds and provisions
shall be made annually in the budget of the Town by appropriation for
(a) the amortization and redemption of the bonds to mature in such year and
(b) the payment of interest to be due and payable in such year. .
Section 5. Subject to the provisions of this resolution and pursuant to
Section 30. 00 relative to the authorization of the issuance of bond antic-
ipation notes and1of Section 50. 00 and Sections 56.00 to 60. 00 of the Law,
the powers and duties of the Town Board relative to prescribing the terms,
form and content and as to the sale and issuance of the bonds authorized
by this resolution and of any notes issued in anticipated of said bonds, are
hereby delegated to the Supervisor as chief c6iscal 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, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suitor proceeding contesting . such validity is commenced within.
twenty days after the date of such publication; or
(c) such obligations are authorized' in- violat-ion of the provisions of` the
constitution.
Section 7. This resolution shall take effect immediately.
Vote of Towri Board: Ayes=Supervisor Martocchia; Councilmen Valentine and
Rich; Justices Demarest and Suter.
Moved by Justice Suter; - seconded by Councilman Valentine;
RESOLVED: That the Town Clerk be and he hereby is directed to request
the Long Island Lighting Company to install one 175 MVOH street light 'on
NYTCO pole #15 Breakwater Road, Mattituck, N.Y.
Vote of Town Board: Ayes=Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Recess was called at 3 :30 P.M. and reconvened at 4:15 P.M.
Moved by Justice Suter; seconded by Councilman Rich;
RESOLVED: That $40,000.00 be and hereby is transferred from Surplus to
Building and Construction Account,, which includes Highway Building, ' Tele
phone Building recently purchased. by the Town and work on- Traveler 'Street,
Southold, N.Y.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Justice Suter;
RESOLVED: That Raymond. Dean, Supt. of Highways, Town of Southold-, be. and'
he is hereby authorized to advertise. for bids and purchase. from th`d'- lowest
responsible bidder one second hand 11-2 ton Dump truck, the sum not to exceed
$3800.00.
Vote of Town Board: Ayes-supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Councilman Rich; seconded by Councilman Valentine;
RESOLVED: That Supervisor Albert Martocchia be and he hereby is 'authorized
to sign the wage contract between the Police Benevolent Association and
the Town of Southold as prepared by Town Attorney Tasker and agreed upon
by the 'Police. Benevolent Association and the Southold Town Board. .
Vote of Town Board: Ayes-supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Suter; 'seconded by Councilman Valentine;
RESOLVED: That General Bills in the amount of $18, 817.29; Lighting District
Bills in the amount of $2 , 243. 23 ; Fishers Island Ferry District Bills in
the amount of $13, 3.85.87 and Highway Bills in the amount of -$7, 290.41 ~be'
and the same are hereby ordered paid.
Vote of Town Board: Ayes-supervisor -Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Suter; seconded by Councilman Rich;
RESOLVED: That the following transfer of monies be made:
To Personal services-Supervisor $288, 91 from $' 288, 91 -
From Supervisor-other expense $ 288. 91
To Town Clerk-personal services 444. 91
From Town Clerk-equipment 200. 00 . ' `
From Contingent 245. 91 .
To Assessors-personal services 116. 96
From Contingent 116.-96
To -Town Trustees-personal services 25. 00
From Town Trustees-other expense 25. 00
Tp Dog Warden-other expense $377 . 74
From Dog Warden-equipment $100. 00
From Contingent 277 . 74
To Reserve for Buildings & Construction 20, 000. 00
To Car for Supervisor 3 , 374.86
To Airport-other expense 145. 32
To Public Refuse disposal-other expense 5,448'. 92
From Public Refuse disposal-equipment 1, 000. 00
To Parks & Beaches-personal services 1, 253 .25
From Parks & Beaches-other expense 1, 253. 25
To Libraries 6, 000. 00
From Unexpended surplus 7 , 969. 10
6, 000. 00
To Welfare Burials 245. 00
From Unexpended surplus 245. 00
To Debt Redemption 700. 00
From Unexpended. surplus 700. 00
To Conservation-shade trees 1, 560. 00
From .,unexpended surplus 1, 560. 00
To Legal & Engineering fees 1,429.66
From Unexpended surplus 1,429. 66
To Other.: Insurance -& •Bonds 3 , 526-. 03
From Unexpended surplus 3, 526. 03
To Options, Building & Land 9, 972 .00
To Audits 500. 00
To Parking Lots 5. 00
To Sales Tax - 5157. 13
To Park Districts 197. 75
12 . 92
To Traveler Street extension 5 , 850. 00
To Bulkheading 1, 800-. 0-0-
To House Numbering 350. 00
To Water District 197. 75
From unexpended surplus 39,442. 55
$64, 280. 11 $64', 2801-. 11
To Board of Planning-personal services 1, 005. 33 -
To Planning Board -other expense 3, 668. 94 '
To Building Dept. -personal expense. 11. 00
From Building Dept. -other expense 11/00
To Registrar .of7 Vital Statistics-personal 450. 00
To Employees Retirement Fund 1, 708. 00
To Legal & Engineering fees 1, 247. 00
To Insurance-Workmen ' s Compensation ' 384. 944
To Other Insurance & Bonds 7, 155. 00
To Burning Permits 112.80
To Railroad Bridge 5, 619-. 5"8
From..Unexpenddd Balance. 21, 351. 5-9
$21, 362. 59 $21, 362 . 57
Vote of-*. _Town= .Board: Ayes.:-Supervisor Martocchia;- Councilmen Valentine
and Rich; Justices Demarest and Suter.
Adjournment. Albert W. Richmond'
Town Clerk