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HomeMy WebLinkAboutTB-01/10/1978 J4.2.,s JW 14 597� SOUTHOLD TOWN BOARD January' 10, 1978 - A regular meeting of the Southold Town Board was held on Tuesday, January 10, 1978 at the Town Hall, Main Road, Southold, New York. Supervisor Martocchia opened the meeting at 3 :00 'P.M. with the following present: Supervisor Albert M. Martocch.ia Justice Martin Suter Councilman' James Homan Councilman'Henry "W. Drum Councilman William R. Pell III Town Attorney Robert W. Tasker Town Clerk Judith T. Terry Absent: Justice Francis T.' Doyen Supervisor Martocchia stated the minutes of the January 3rd "meeting are not ready yet, due to the contaihLation 'of the meeting on January 6th. Moved, by Justice Suter, seconded by Councilman Homan, -it' was RESOLVED that the next regular meeting of the Southold Town Board will, be held at 3 :00 P.M. , Tuesday, January 24, 1978 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town 'Board: Ayes : Councilman Pell Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen.. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that the December 1977 reports of. the Dog Wardens, Justice Suter, Town Trustees , Police Department and Town Clerk be and hereby are ordered placed on file. Vote of the Town Board: Ayes : Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen Councilman Pell: not voting. Mr. Pell stated he abstained on the above vote because he had not seen nor read the above reports. This resolution was declared. duly adopted. On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED. that the Annual 1977 reports of the '"ighway Department, Justice Suter, Justice Demarest, Town Clerk, Town Trustees, Building Department be and hereby are ordered placed on file. Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. " This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is authorized to negotiate a lease with Richard Lark for the parking lot in the rear. of the Justice Court in Cutchogue. Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: ' Justice Doyen. This resolution was declared duly adopted. 422- 0 197� Supervisor Martocchia : 1. A e.upplemental report has been received from the Building Department to the Annual Report already filed, in which former Building Inspector Howard Terry gives the compensatory time, sick ti e and vacation time in that department; he thanks the Board for appointing him over the years as Building Inspector. Mr. Terry gives a resume of the increase of business over the years , stating in 1957 there were 155 permits and in 1977 557. He comments about replacing the building inspector ' s car, asks the Board to give consideration to the aluminum wiring law and wishes the Town Board well in the future. 2. Receipt of a letter from Austin H. Emery, Regional Director of the New York State Department 'of Transportation acknowledging receipt of the Town 's proposal to the State of New York for the snow and ice removal. Mr. Emery states that if the Town wishes to sign a letter of intent, the ' snow and ice service would become effective the date the agreement was signed by the Town. However, the Board cannot accept- this , as it takes six weeks to process the agreement and the State cif New York may not accept the Town's terms. 3. Otem 9 on the agenda refers to land fill permit for the disposal area issued by the Suffolk County Department of --Health Services through the New York State Department of Environmental Conservation. The matter has -been referred to Highway Superintendent Dean. 4. Receipt of a letter. frmm the Suffolk County Department of Public Works relative to the traffic signal at the i: .tersection of County Route 27 and Wickham Avenue, Mattituck. The light is being presently serviced by L. Comstock, and when the town receives notification that Comstock is no longer servicing the light, the Town will assume service of the light. 5. A report has been received from the Southold Town Planning Board listing the outstanding cases - on hanld as of December 31, 1977 . 6. Receipt of a letter from Eleanor L. Jansch, Orient, inquiring as to why her tac bill was so ' late. Supervisor Martocchia called Mr. Jansch relative to. her probeem. 7. Copy of a letter from the- Town Clerk reporting that Dorothy Sledjeski, Mattituck, slipped on ice in one of the Town parking lots, and wished the matter put on record. 8. Letter from Peter F. Cohalan, Supervisor of the Town of - Islip, a member of the Board of Directors of the Metropolitan Regional Council, inviting Supervisor Martocchia to join the council. This organization consists of elected officials in the Connecticut,- New Jersey-New York area. The annual dues is $100.00 for each member who serves on the Council. The Board will discuss the matter further. 9. The Finance Committee and insurance representative met today relative to the .pr,oblem,s the Town is having for insurance awverage for the Polic Department. Many avenues are being explored for this coverage, wits out success at the present time. Since- December 1, 1977 the Police Department has not been covered by insurance, and they have been advised of the situation. They have been asked to use extreme caution in any future arrests.---There was discussion between the Finance Committee and the insrrance agent rel:a.tive to the umbrella policy.--- The present umbrella policy is being continued through January 31st while other avenues are being,- -investigated. However, the umbrella policy does not cover the Police Department. Almost every town and city is having the same problem with insuring their police departments. 10. Receipt of a letter from the Pebble Beach Farms Lot Owners Association, INc. asking -the Supervisor if he would care to write a short article for the next issue of their newsletter. The matter will be taken under consideration. 11. A letter las been received from William Schriever, which was distributed to all of the Board members at the January 3rd meeting for study. Most of the items in the letter. are Planning Board matters and Mr.' Schriever should go to the Planning Board.' . 1978 On the matter of the sump, Town,-;Attorney has studied that matter. ---Mr. Schriever explained that a sump was built on Town property and then :the Town must .have -traded properties, and in fact gave away half of the sump.---Town Attorney Tasker stated :they moved the .area of -the -sump by changing the location of 'the area that was conveyed to the Town-. .This was done when Kenneth -Tabor, was the owner of the property,' and it- was done to facilitate his d.evelopment •of his property. At that time it was agreeable to leave the h9le the way it was and he would take care of that. --- Mr. Schriever stated he bought from Lenser, who had bought from Kenneth Tabor. But he didn ' t know when .'.he bought it that the sump wasn ' t where it was. supposEd to be, and .it wasn'.t until he was laying things out he discovered that the sump -was built on the property that originally was supposed to be. conveyed. It appears that between 18.68 and -1969 the -Town took title to it? And changed the title?---Town Attorney Tasker stated yes to, both questions. Mr. Schriever stated apparently the sump must have been built on the first vonveyance. ---According to Mr. Dean, Mr. Tasker stated the agreement was, that as far as Mr. Tabor was concerned, the hole in the ground on the portion of. the property that is now Mr. Schriever ' s, it was- all right ;to leave it that way.---Mr. Schriever asked if he could cover the hole.?---Mr. Tasker stated he could -as he is the owner of-,:the property. 12. Receipt of a letter from Dr. Paul M.. Ross relative to an exercise program he would like to set up throughout the length of Southold Town... The Board discussed it again this morning and will be setting up-. a meeting between Dr. Ross,, the Parks & Recreation Committee and uur insurance agent. 13 .. A letter has been received from American Data & Office Products, Inc. Relative- to: serving.. the Town of . Southold in just about every phase ,of .microfilming. The:. Board ,has. authorized Supervisor ' Mar•tocchia to write to -them and invite them, to- come-. down and look at the: situation ,and submit a proposal.: Some microfiliing work has been done in the .past., . and the complet.ion .of the project was postponed until the completion of this new .building. :•. Moved by Councilman Pell, seconded_ byiCouncilman .Homan, WHEREAS Burton Potter --Post # 185 , . American,. Legion, -Greenport, .New York has applied to the Town Clerk for a Bingo License, and WHEREAS the : Town Board has examined the application, ' and after investigation, duly made findings" and. :determinations as required. by law, NOW, THEREFORE, BE IT RESOLVED that -.the. Supervisor­be and-he hereby is authorized and directed to execute on behald of theiTown Board of the Town of Southold the findings- and' determinations as'. required by .law, -and it. is further RESOLVED that the- Town Clerk be and she hereby is directed to issue a' Bingo License to, the Burton Potter- Post #185, American Legion, Gr-eenport, New York.. " Vote .of the Town Board: Ayes : -Councilman Pell, Councilman Drum, Councilman. Homan, Justice Suter, :Supervisor Martocchia. Absent; Justice Doyen. ,This- resolution -was declare-; ,duly adopted_ On, motion of Justice.Suter, seconded by Councilman Pell, it 'was RESOLVED that. •the Town Board of - the Town of Southold will hold a public hearing at the Southold Town Hall, ' MaJ_n, Road; Southold, New York ;on the 7th day, of February, . 1978 -at 7 :.30 P.M. ,. �at which time and place -all interested persons will be given an opportunity to be heard upon the following matter : "A Local Law in -Relation to Electrical Inspections-and the Use -of Aluminum Wire which reads as follows : The Code of the Town .of Southold is. hereby amended- ay adding a new Chapter the.reto, . to be Chapter 43 , to read as follows :. ,- Section 43-1. 'ADMINISTRATION. This Loca-1 . Law shall -be administered and conducted under the supervisi-no of the Building Department of the Town of Southold.' The Town ' s - Bui•lding Inspectors.; however., shall at no 4.24✓ ;9QN '11-0 1978 time be required to conduct electrical inspections nor perform any of the duties hereinafter assigned to electrical inspectors. Section 43-2 . ELECTRICAL INSPECTOR. The Chief Inspector and each of the duly appointed inspectors of the New York Board of Fire Underwriters are hereby designated as Electrical Inspectors of the Town of Southold and are authorized and deputized as agents of the Town of Southold to make inspections and reinspections of all electrical -installations heretofore and hereafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Southold. Section 43-3 . DUTIES OF THE ELECTRICAL INSPECTOR. It shall be the duty of the electrical inspector to report in writing to the Building Inspectors whose duty it shall be to enforce all provisions of this Local Law, all violations, or deviations from, or omissions of the of the electrical provisions of the Building Code applicable. to the Town of Southold and of all local laws, ordinances-, and the Building Code as referred to in this Local Law insofar as any of the same apply to .electrical wiring. The inspector 'shall -make inspections and reinspections of electrical installations in and. on properties in the:: Town of Southold upon the written request of a building inspector of the Town of Southold. or -as herein provided. The inspector is authorized to make inspections and reinspections leading to the issuance of certificate of compliance of the New York Board of Fire Underwriters of electrical wiring, installations , dev ices , appliances and equipment, in or on properties 'withiri- the Town of Southold hwere a building permit has been issued by the Building Department of the Town of Southold or where a property owner or electrical contractor requests such an inspection. Applications for such. inspections are to be made directly to 'the New York Board of Fire Underwriters.. In addition-, application for a temporary certificate must be made directly to the New York Board of Fire Underwriters wherever there is a change in electrical service. In the event of an emergency it is-. the duty of the inspector to make electrical inspections upon the oral request of an official or officer of the Town of Southold. It shall be the duty of the inspector to furnish written reports to the proper officials of the Town of Southold and owners and/or lessees or property where defective electrical installation and.' equip-; ment are found upon inspection. He shall authozize' the issu9ng of a certificate of compliance when electiical installation's and equipment are in conformity with this Local Law. He shalldirect that a copy of the certificate of compliance be sent to the Town of Southold to the attention of the Building Inspector. No certificate of occupancy may.'be'` issued by the Building Department until receipt of' a copy Iof said certificate of compliance has been received. Section 43-4 MATERIAL RESTRICTIONS (a) The use of aluminum wire or wire utilizing aluminum in combination with other materials where the principal metallic compenent of such wire is aluminum, e.g. nickel clad, copper clad, etc. American wire gauge No. 4, and smaller is prohibited in any building and/or residence hereafter constructed within the Town of Southold. '. This restriction shall include alterations to existing buildings and residences and replacement or repair of existing electrical service. (b) Aluminum wire or wire uthilizing aluminum in combination with other materials where the prinicpal metallic component of such wire is aluminum, e.g. ; nickel clad, copper clad, etc. American wire gauge No. 2 and larger, • may be used in buildings and/or residences only when termira tion and splicing 'of such .wire is by UL approved compression connectors. Section„ 43-5.. PENALTIES. Any person who violates- any provision of this Local Law shall be, guilty of a violation and shall upon conviction, be subject to ,a fine of not more than two hundred fifty ($250. ) dollars, or by imprisonment for not more than fifteen (15) days, or both b'y such fine and imprisonment for each offense. Section 43-6. VALIDITY. Should any section or provision of this Local Law be decided by the courts' to be,. unconstitutional or invalid such decision -.shall not affect the validity of the Local Law as a whole or any part thereof other than the part so- decided - to be unconstitutional or invalid. JAN •-;p 1978 ✓4 5 Section 43-7 . Effective Date. This Local Law shall take effect immediately. Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia . Absent: Justice Doyen. This resolution was declared duly adopted. On'-motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the Town Board of ' the 'Town of Southold will hold a public hearing at the Southold Town Hall, Mann Road, Southold, New York on the 7th day of February, 1978 at 8 :00 P.M. at which time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law to Amend Chapter 100 (Zoning) of the Code of the Town of Southold in Relation to Self- Service Gasoline Service Stations , " which reads as follows : Be it enacted by the Town Board of the Town of Southold as follows : 1. Section 100-13B of Article I of Chapter 100 of the Code of the Town of Southold is hereby amended by adding a new paragraph thereto as follows : PARTIAL SELF-SERVICE GASOLINE SERVICE STATION-A gasoline service station primarily for the servicing of motor vehicles and the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into fixed and approved dispensing equipment thereafter-to be operated' by the customer at one - (1) set of pumps 'on one (1) pump island and by a qualified attendant operating dispensing equipment: atall other pump islands. Il. Section 100-70B of Article� VII of the Code of the Town of Southold 'is . hereby amended by renumbering paragraph (5) to paragraph (6) , and by adding a new paragraph (5) , to read as follows : (5) Partial self'-service gasoline service stations, subject to all of the provisions of Section 100-70B (4) , and the following additional requirements : (a)} Each gasoline partial self-ssFe{rvice facility shall have a qualified attendant on duty whenever the statioh :is open- for business. It shall. -be ,-the duty of the qualified attendant to control and operate ,both' the. console regulating the flow- of gasoline into 'the dispensing equipment hhereafter to be -operated by the customer at the self-service pump island a-nd the dispensing equipment on the other pump islands. (b) Gasoline shall at no time- be dispensed without the direct supervision of the qualified attendant. A control shall be provided which'wi11 shut off'- the flow of -gasoline to 'the dispensing crr.�n.�i�ment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when hs is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) " The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this `pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire protection system; in` the form on an approved system of dry powder release which will' act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor-vehicle operator 's license. (g) There shall be no latch-open device on any self-service dispensing nozzle. III. This local law shall take effect immediately. Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Mak.tbcchia. Absent: Justice Doyen. This resolution was declared duly adopted. 42.6 JAN;'1 g 197 Mr. Schriever spoke to the Board about his letter, containing.; ., three items, two pertaining to -roads _and one about the sump. He presumed the .sump item was .solved, however,, on ,.the, roads,- is it the position of the Town Board that it is a decision of the Planning Board?---Supervisor Martocchia stated, ,yes, -submit his plan to the Planning Board and work with them. Mr. Schriever also asked whether the. proposed..local laws, which have just , been _scheduled .for hearings, will. be available to the public.-prior to the hearings,?---Supervisor -Martocchia , stated they would be available from the Town -.Clerk., My Cryil Lukeman asked who previously did the .micr-ofilm_ing .for the Town?---Supervisor Martocchia ..s.tated the County of Suffolk. -- Mr. Lukeman. asked if they could -continue to do.. it?-.--Superivsor Martocchia stated. a deposit . of between. $.9,:000..00 and $-1,0; 00.0 -0-0 -was placed with ,,the County for the ;wo:rk to, be .done..-. „The,;County supplied the machinery and a girl was hired by -the.,-Town _to ,_d.o the ,work. The job dragged . out,. so long. and some of the-equipment was inferior, the Board decided to halt the work. The County refunded the $9, 000. 00 Mrs. William Schriever sta:ted . her concern about the police department not being covered by, ._insurance. _She asked if, there, is any. way of self-insuring the Town. ---Supervisor Martocchia stated they are working on that today, :as well as :looking to other in,sur.ance companies for coverage. ---Mr.. Schriever asked- if -it would be possible for the County of Suffolk to set up a 'self-insurance program for all the towns . and villages, including the .-County, so the risk could be spread out a little..---Supervisor Martocchia stated they are working on that. A letter was received some time age, but none of the ,tpwns showed any particular interest, as the problems we are experiencing now had not occured and the premiums were not too high..---Supervisor Martocchia further discussed . the insurance problem. On motion of Councilman Homan, seconded by Councilman .Pell, it ;was RESOLVED that therebeing no. further business to come before this Town Board meeting . adjournment be called at 3 :30 P.M.. Vote of the, Town Board: Ayes : Councilman Pell, Councilman_ Drum, Councilman. Homan, Justice. .Suter, Supervisor Martocchia:. This resolution, was declared. dully adopted. .,Judith, T.. Terry Town Clerk