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HomeMy WebLinkAboutTB-05/08/1951 o ' Meet of.of_ ay, 1951 - -> The .SQut i''old -Town.,9o,ar4 *et at, the off:cq' of Supervisor .No.* ,, E. Klipp _ at Green•ort *on .Tufetad �' I 8 1 1 Te• meetin was -oal_ ed t© order at 1:30� �tiM� � itYi''tTze`'fC��` o i ig. �preseAt: i4ervis"or Klipp; Justice's Terry; Tut-hill- Albertson and Clark; Town ,Superintendent of highways Price,•, Town Atiorney Terry and Town Clerk Booth. The Board sat at once aA a Committee. on audit to examine claims against the Town concluding the audit work at 2 o 'clock P.M. -— The minutes of the previous- meeting were read and•were duly approved as' read. - ,T— Moved by-Justice Clark;-, seconded by -Justice Albertson: Resolved: That the Supervisor be and hereby is authorized to purchase a Crestwood .Magictape Recorder from the Crestwood Recorder Corporation for use of the Justices. Unanimously adopted. Moved by Justice Tuthill; seconded by Justice Albertson: Resolved: That the regular monthly meeting of this Board will be held at +� ;the office of the Supervisor at Greenport, on Tuesday, May 22, 1951, at 1:30 P.M. Unanimously adopted. -- � Alden W. Young,. C.E. Presented to the Town Board a preliminary copy of a proposed sub-division at Laurel, property of George J. Turner. The Roads in -this proposed sub-division are to ' be 30 feet in width. Moved by Justice Albertson; seconded by Justice Clark: Resolved: That the Supervisor be, instructed to communicate with Alden W. Young, C.E. and inform him that it has not been the policy of this Town Board to accept a sub-division- with roads less than 50 feet in width. Unanimously adopted. . Moved by Justice Terry; seconded by Justice Albertson: Resolved: That General Bills in the sum of $1,441.21; Lighting District Bills in the amount of $1,096.39; Fishers Island Ferry District Bills, account #1, in the amount of $434.20 and Fishers Island Ferry District Hills , Account #2, in the sum of $337.95 be and the same are hereby ordered paid. :> . Unanimously adopted. ��. Moved by Justice Terry; seconded by Justice Albertson: Resolved: That the Police Report for the month of April be accepted by the Town Board and placed on file. Unanimously adopted. Moved by Justice Albertson; seconded by Justice Clark: Resolved: That the acts of the commissioners of the Fishers Island Ferry District in entering into a contract with Ellsworth. S. Wilcox- on January 1, 1951, for the operation of a public ferry, and the contract are hereby approved as of January 1, 1951, except as to the deletion of Paragraph Six of said contract relative to insurance, said deletion is not approved. Unanimously adopted. - �" Noved by Justice Clark; seconded by Justice Albertson: Resolved: That a certain contract dated January 1, 1951 between the com- missioners of the Fishers Island Ferry District and Ellsworth S. Wilcox having been terminated on April 30, 19511 by mutual agreement, - the foregoing contract dated May 1, 1951, between the Commissioners o,f the Fishers Island Ferry District and Alfred S.' Bicknell for the operation of a public ferry between Fishers Island and the mainland is hereby ->s approved. Unanimously adopted. -....w Moved by Justice Terry; seconded by Justice Clark: Whereas , there exists 'a vacancy in the office of Commissioner of the Fishers Island Ferry District caused by the regignation of Joseph Mid- dlebrook, Jr. , and 346 Whereas, it becom.es._nee-essary .to appoint some person- to fill such vacancy, Now Therefore Be It Resolved: That .El!hior.e V. Kee be .and hereby is appointed :on the recommendation of the Commissioners of the Fishers Island .Fer.ry District to hold such office until the next annual meeting for the -election 'of 'Commissioners . of the District, at which time the vacancy caused by the_ resignation :of Joseph Middlebrook, Jr. shall be filled for the remaining unexpired term of Joseph Middlebrook,Jr. and Be It Further Resolved: That the appointment of Elinore V. Kee be and hereby is made retroactive to May 1, 1951. Unanimously adopted. _ Moved by Justice Clark; seconded by Justice Terry: Whereas, on or about July 11 1946, 'the Town Board entered into an agreement with the Village of Greenport for the furnishing of fire protection to the fire protection district known as "East-West Greenport Fire Protection District, Town of Southold, N.Y." for a ` period of five -years, and M Whereas, due noticeuas given of a public hearing to be held at the . office of the Supervisor on October 3, 1950, at 8::00 o'clock P.M. to-consider a new contract for an additional period of five years , the notice duly specifying the time and place of the. hearing, as .T aforesaid, and giving in general the terms of the proposed 'contract, . and all persons interedted appearing and having been heard, it is .�.._. .hereby ' Resolved: That this' Town Board enter into an agreement with said '+! Village of Greenportfor the furnishing of fire protection to said district, in substantially the following form, and that the contract ram~ be executed on behalf of this Board by the Supervisor of the Town of Southold: This Agreement, made this first day of July, 19519 between the Town Board of the Town of Southold, .Suffolk- County� Phew York, herei3�after designated as the Village. ' WITNESSETH, WHEREAS there has been duly established in the said -West Greenport Fire. Town a fire protection district known as "East Protection District Town of Southold, N.Y. " , hereinafter designated as the District, embracing territory . said Village as such territory is in said Town. adjac'ent to the more fully described in the resol- ution establishing such District 'Ahd duly adopted 'by the Town Board of the Town on the l4th day of Novembers 19459 and , WHEREAS, following a public hearing dulycalled of the said Board duly authorizing a contract with the Village for fire protection to the District upon the terms and . p provisions herein set forth, and 'WHEREAS, this contract has been -duly . by the Board of Trustees ,and the Mayor of the Village, NOW, THEREFORE, the Town does engage the Village to,, Furnish ,� such protection in the manner following, to wit:_ 1. The fire department of the.Villa ge shall at all times duringthe g � period of this Agreement be subject to call for attendance upon any fire occur.ing in said District , . ,when notified by alarm or- telephone call from any person. within a -distance of the fire within the District, such fr - epartment shall. respond and attend upon the fire without delay A th one or more companies, and with suitable ladder, Pumping and hose a pparatue of the Village, as Follows: - rt.> gal. pumpers 1 550 gal. pumper with 300- gal. water 1 500 gal. pumper' with 150- gal. water- �. 1 hook and ladder 1 flood light 1 salvage wagon Upon arriving at the scene of the fire the firemen of the Village attending every gay reaVilla at g shall proceed diligently and in Y suggested to the extinguishment of the fire f� and the saving of life and It, is understood and agreed by in connection therewith, r`furnishing st the a Y the parties hereto that the and the response b pparatus of the Village Fire Department r y the firemen shall be subject to the 4 order 'of the Chief of the Fire Department of the Village, ..Y� or his subordinates in authority. Who, in their dis- cretion in the event of any emergency as, for example, �y another fire at the same 'time in 'the said District or in the Village, ' aay designate such men and apparatus to any particular fire as they may deem necessayy. Furthermore, the- ,said Chief, or his subordinates in authority, shall -1 havealsoluted discretion as to •the sending in of additional alarms and calling in response to- a fire the* department of other districts. 2. In consideration of the furnishing said and the use of the apparatus as aforesaid, the Village shall receive the sum of $39600 .0o Dollars per year during the period of this Agreement. 3. All monies' 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, and shall be payable as. follows:� ($5,400. on the ' firet day of February 1952; $3,600. on the first day of February, 1953; $3,900. on the first •� day of February, 1954; $3,600. on the first day ,of. :February, 1955; and $1,800. on the first day of February, 1956. ) 4. This-Agreement shall continue for a period of five ( 5)'` ' . years - from the date hereof. K IN WITNESS' WHEREOF, the parties have duly executed. and delivered this agreement the day and year first ab&ve mentioned. THE TOWN BOARD OF ' THE TOWN OF SOUTHOLD a BY: NORMAN E. KLIPP Supervisor VILLAGE OF GREENPORT BY: Otis M. Burt Mayor Attest: .: Ella L. Phillips Eillage Clerk Moved by Justice Clark; seconded by Justice Albertson: Whereas, on or about July 1, 1946, the Town Board entered into an agreement with the Village" of Greenport for the furnishing _of water for fire protection purposes through the fire protection district known -as the "East-West Greenport Fire Protection District, Town of =T Southold' N.Y. " for a period of- five years and Whereas,due notice was given of a public hearing to be held at the office of ' the Supervisor on October 3 , 1950, at 8:00 o'clock, P.M'. to consider a new contract for an additional five year period, the notice duly specifying the time. a-nd .place of the hearing, as afore-' said and giving in eneral the terms of the g g general, proposed contract, and all persons interested appearing and hav&4 been heard, it is hereby Resolved: That this Town Board enter into an agreement, with said -� Village of Greenport for the furnishing of water for fire protection to said district, in substantially the following form, and that the contract be executed on behalf of this Board by the Supervisor of the Town of Southold:-- �T �W �y This Agreement made . this.; first . day .o_f..July, 1951_,_` between the a, Town Board of Zhe Town_of_ Southold,. Suf.folk County, New :York, here- inafter .designated as the Town, and the Village of Greenport, Suffolk County New York, hereinafter designated as ,the Village, _ WITNESSETH, WHEREAS there -has been duly established in the said Towri a fire protection district known as "East-West Greenport Fire Protection Districtl Town of Southold, N.Y." , hereinafter de- signated 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 on the 14th day .of November, 1945, and — - WHEREAS, following a public hearing duly called of the said Bbard duly authorizing a contract with the Village for the furnish- ing -of water for fire protection purposes through the said District, upon. the terms and provisions herein set forth, and WHEREAS, this contract has also been duly authorized by the > Board:- of Trustees and the Mayor of the Village. NOW, THEREFORE, in consideration of the amount to be paid and ., of 'the mutal covenants and agreements as hereinafter set forth, the parties hereto Agree as follows:::- "J 1. The Village agrees , throughout that portion of the District where its water mains are now installed, to install hydrants "� - for fire protection purposes , to the end that maximum pro- tection for - fire insurance purposes is afforded to property adjacent to the said mains . 2. The Village agrees , from time to time , as conditions warrant, to- extend its mains throughout the public roads of the District, and to install hydrants therein at therate of not less than .ten (10) hydrants per mile. 3. . In .the event that to afford a maximum of- protection for fire insurance purposes the installation of hydrants at a rate exceeding ten hydrants per mile is indicated in Any portion of the district, the parties will agree upon the location of such hydrants, and, should they 'be ' unable .to agree as between themselves as to the proper " location of such hydrants gS11.6i hudrants -will be installed .� in accordance with the recommendations made by the en- ' gineer.s or other representatives of" the Board of Sub- urban Insurance Underwriters or other appropriate Board having authority to fix- rates and .establish rules for fire .insurance purposes. 4. In consideration .for - the installation of the hudrants and, the furnishingof water for fire protection purposes the Town shall pay to the Village the sum of Forty (1)+0. ) � - Dollars per hudrant per year for a term of five (5) years. 'The Village. .undertakes to furnish and maintain sufficient ` ,:_. :-:water ' pre-ssute�l-to- meetithe.. requifements of Board of Suburban. Insurance' Underwriters, or such other Board as has -authority to establish specifications as to ,required ~" pressure, for warranting .reduced ' fire insurance premiums , and the payments indicated above shall- be paid for those _ hydrants which meet such specifications and requirements. , The liability -of the Town fo`r such payments shall �> commence when notice . to the effect that such hydrants _ have been installed and approved has been given to the Town Clerk or Town Supervisor by the Village. All pay- ments due .to. the Village by the Town pursuant to this _ agreement shall be made, on the first day of February of every year during the term of this agreement at which , �:- time the Town shall -pay to the Village the amounts owing to and including the thirty-first day of December of the � preceeding year. In the event that this contract is not ; renewed at the expiration thereof, he Town shall pay to the Village such amount as may be due at the termination of this agreement within sixty (60) days after such expiration. �- J 34 9 expiration. All moneys -to be paid under this agreement shall be a charge upon the district to be assessed and levied upon the taxable property therein and collected with the Town Taxes. 6. -This agreement shall continue for a period of five (5) years from the date hereof., IN WITNESS WHEREOF, the parties have duly executed and del- ivered this Agreement the day and the year first above mentioned. THE TOWN BOARD OF THE - TOWN OF SOUTHOLD BY: Norman E. KliDID Supervisor VILLAGE OF GREENPORT �y BY: OTIS M. Burt Mayor . '�- Attest: Ella L. Phillips . ' Village Clerk. -' Moved by Justice" Terry; Seconded by Justice .Tut ill: CAPI.TAL NOTE -RESOLUTION. OF May 8, 195i, of the flown of Southold, in Suffolk County-, New York, in the amount of $18,294.60, THAT WHEREBY the Town Board of the Town of Southold, New York, after due public notice ," by a resolution duly adopted on December 30,1950, March 6, 1951, Apri1 .22, 19511 , authorized the Town Superintendent of Highways to purchase certain Machin for highway construction and maintenance at a total cost of $29,0 8.60, subject to the ap- proval of 'the County Superi=ntendent of Highways andprovided that 18,294,60 of such cost was to be paid from proceeds of obligations to be issued. pursuant to the Local Finance Law. WHEREAS-- contracts -of purchase for such machinery was duly cantered into by the Town Superintdndent of Highways on December ,,a.. 30,. 1950, March 6,' 1951 and April 22, 1951, whibh contracts have been duly approved by the C.ounty 'Superintendent of Highways. NOW, THEREFORE, BE IT RESOLVED: 1. That the specific object or purpose for which a capital note is to be. issued pursuant to this 'resolution is to finance a part of the cost of certain machinery .known as,.- A. One International Dump. Truck, Motel L-1922 142": Wheel base, com lete with Dump Body and H oist:.- The total cost of this truck ' is 97,670.00 -and the plan of financing such cost is as follows: By Truck traded'. "in pursuant" to -Section, 142 of the Highway Law, of the value of $750.00; the balance of the cost, is ,to be provided from a .part of the proceeds:-of a capital note in the amount of $181294.60 pursuant to this resolution. B. One Caterpillar Motor Grader, Model 212 with diesel motor. The total cost of this Grader is $8,419.00 and the plan of financing ." such cost is as follows: By Motor Grader traded in pursuant to Section 142 of the Highway Law of the value of $900.00; The balance of the cost is to be provided from apart of the proceeds of a � capital note in the amount of $18,294.60" to be issued 'pursuant, to this resolution . C. One 1951 Buick .Automobile Model Riviera, Four Door Sedan. "� The .total . cost of this car is $2, 579.60, and the plan of- financing such cost is as follows:~ By Packard Automobile traded in pursuant to Section 142 of the. Highway Law of the value of $985.00, The balance- of the cost is to be provided from a part of the proceeds of a Capital Note in the amount of..,$181294.60 to be issued pursuant to this resolution, D. One Good Roads Sand�,Spreaderj The total cost of this Sand Spreader is $1,250.001: and the plan of financing such cost is as follows: By Buckeye Spreader traded in pursuant to Section 142 of the Highway Law of the value of $300.00, The balance of the cost is ' to be provided from a part of the .proceeds of a capital note in the amount of $189294.60, to be issued pursuant to this resolution. E. One Littleford Revolving Broom with 15` horse power r -- motor. The total cost of this Broom is $1,461.00 and the plan of financing such cost is as follows: By Frink Revolving Broom traded in pursuant to Section 142 of the Highway Law of the value of $150.00. The balance of the cost is to be provided from a part of the proceeds . of a Capital Note in the, amount of $18 294.60, to be issued pursuant to this resolution. The following determinations are hereby made: <. (a) The period of probably usefulness of such equipment is five years. (b) The subdivision of paragaaph a of Section 11 of the Local Finance Law which is applicable in the circum- stances is subdivision 1128".. '� (c) The proposed maturity of. the obligation authorized by this resolution will not be in excess of one year. •Y 4. That, except ,as- herein s.p.ecifically prescribed, said note � - shall be of the date , ' form, contents ',and lace of payment and at a rate of interest not ,exceeding 'TWO (2%) per centum per annum, M may be determined by 'the. Town _Supervisor, consistant, however, with' the providions of the said Local Finance Law of the State of New York; and shall be executed in the name of the said Town'.by.iit_ s= S apervi'sor,..and: the..Seal��:ofc:said^T.dwn shall be at- tached thereto. . UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK ' TOWN OF SOUTHOLD . ;- CAPITAL NOTE OF 1951 The TOWN OF SOUTHOLD, iri' the County of Suffolk, a municipality of the State of -New York, hereby acknowledges itself indebted and for 'value received .promises to pa yy to the First National Bank of Greenport , N.Y. , the sum of 618,29UO DOLLARS, on the 16 day of May, 1952, together with interest thereon from the date hereof } at the rate of 1.9%, payable annually. Both principal and interest of this note 'will be paid- in lawful money of the United States of America, at the Office of the Supervisor of the Town of Southold, Greenport, Suffolk County, New York. �.. This Note may not be converted to registered form. This Note is the only note of an authorized issue in the amount of $181294.60 for the purpose of financing the purchase of certain machinery. This note . is issued ursusant to the P provisions of a resolution entitled "Capital Note Resolution " duly adopted by the Town Board r� , of such Town of Southold, on May $� 1951; and the privilege, is herein reserved by the said Town of Southold to pre-pay the whole or .any part of the unpaid balance of the principal sum hereof at any time without penalty. The faith and credit of such TOWN OF SOUTHOLD are hereby irrevocably pledged for the punctual payment of the principal of and interest on this Note according to its terms. It is hereby recited and certified that all conditions T acts required by the Constitution and Statutes of the State of New Yorkq toexist, to have 1pappened and to have been per- formed precedent to and in the issuance of this Note, exist, have' heppened and have been performed, and that this Ilote, to- <�gether with all other indebAedness of such TOWN OF SOUTHOLD is within every debt and other limit prescribed by the. Constitution and Laws of such State. 3 .IN .WITHESS' HHEREOF, the TOWN OF SOUTHOLD, New York,.. has caused this Note to be signed by its Supervisor and its corporate seal- to be' hereunto. affixed and attested by its Town Clerk and this Note to be dated this 16th day. of May, 1951. TOWN OF SOUTHOLD, New York (TUWNi SEAL) By Norman E. Klipp Attest:. Supervisor Ralph P. Booth Town Clerk l .1 Adjournment was at 5 P.M. Ralph-P. Booth Town Clerk .N �c z tv N Y