HomeMy WebLinkAboutTB-02/14/1978 -r �5437
FEB 1 4 1978
SOUTHOLD TOWN BOARD
February 14, 1978
A regular meeting of the Southold Town Board was held on Tuesday,
February 14, 1978 at the Southold Town Hall, Main Road, Southold,
New York. This regular meeiing was scheduled for 3: 00 P.M. Tues-
day, February 7, 1978 but was unable to be held due to a severe
snow storm that day. Supervisor Martocchia opened the meeting at
3 : 00 P.M. with the following present:
Councilman William R. Pell, III
Councilman Henry W. Drum
Councilman James Homan
Justice Martin Suter
Supervisor Albert M. Martocchia
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Town Clerk Judith-T. Terry
Absent: Justice Francais T. Doyen
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the Town Board minutes of the January 24, 1978 meeting
be and hereby are a-pproved as submited.
Vote df the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of 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. , Thursday, February 23 , 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 adopted.
(Supervisor Martocchia explained that the meeting is scheduled for
Thursday, February 23rd, as most members of the Town Board will be
in New York City earlier in the week for the Association of Towns
meetings. )
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the January 1978 reports of the Supervisor, Town Clerk, ,
Building Department, Dog Wardens, Justice Suter, and Justice Rich be
and hereby are accepted and ordered placed on file.
Vote of the Town Board: Ayes: CouncJilman' Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
1. Letter from Richard Cron, attorney, .rep.resentiAg. -the owners
of "Shorecrest" subdivision located on the North Road, Southold, east
of the Southold Town Beach, has requested a meeting with the 'Boafd to
review some of the problems concerning the subdivision that the Board
is not in agreement with. One helf hour has been set aside 'on February
23 rd at the executive session to meet with Mr. Cron.
2. Specifications are being prepared for ,the* bid and purchase
of a municipal 12 passenger van for senior citizens ' transportation.
This program was established several months ago` 'at- which time the
County was going to purchase the vans and supply each town ore. Now,
a fund has been set up by the County of Suffolk so each 'townshi.p may
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FEB 14 1979
purchase their own van following certain prescribed specifications.
Approximately $11, 000. has been allowed for the project, and will pay
for the bus, insurance and whatever costs it takes to operate it.
That is for year I, after that the van would be at the expense of the
Town, unless some special funding is developed later.
3. Correspondencevhas been received fronFErnest V. Kottenbach,
Garden City, relative to a boat the Bay Constable removed from the
Orient Marina. Each year the various inlets and creeks are cleaned
of deteriorated or subken boats. If there are any boats of value
they are stored at the Highway Department, otherwise they go to the
Disposal Area., Mr. Kottenbach claims that several years ago his boat
was taken at considerable worth to him, although it appeared to have
little value to the Bay Constable.. - The Police Department has a file
on this case if it should go to litigation.
4. Notification from the SuffolkCounty Human Rights Commission
,stating that there will be a seminar in the spring on Handicap
Discrimination featuring practical and legal aspects of the Rehabilitation
Act of 1973 , Sections 503 and 504. A questionnarire with respect
to this proposed seminor has been received. The Board will complete
it and return to H.B. Johnston, Executive Director of the Human
Rights Commission. Someone will attend the seminar 'when the -date is
announced.
5. Correspondence from attorney Gary Flanner Olsen, represent-
ing Martin Weglicki, developer of "Laurelwood Estates" relative to
proposed edeication of the roads in the subdivision. Mr. Olsen asks
that if the Board is not at this. time ready to accept dedication,
then at the very least to provide snow removal. This matter has been
referred to the Highway Department and Highway Committee who will meet
with Mr. Weglicki tomorrow.
6 . Receipt of a thank-you letter from the Eastern. Long Island
Hospital for the work of the Police Department, Highway Department
through the heavy snows of the past storm, which enabled the hospital
to "weather the storms" .
7. Receipt of a questionnaire -"Pedestrian Safety Check"- has
been received from the New York State Department of Morot Vehicles,
Albany. This safety check should be submitted to the. local AAA who
will evaluate the information and send the Town an appraisal of its
safety program.
8. Town Attorney Tasker expalined that the Town has received
notification from the Civil Service Agency to the effect that the
G.H. I. Insurance carried on employees of the Town of Southold does
not qualify toward the reduction of premium to a person who may get
on automobile insurance as far as personal injury aspect of the
policy is concerned. If you have other insurance which covers, such
as the personal injury aspect"which -the no-fault covers, that you can
apply for a reduction in premium. This correspondence states G.H.I.
does not qualify.
9 . A letter has beeh received from Robert Hawkin-, president
of the Custer Institute, Southold, stating they have a parking
problem. Presently the Main Bayview Road Improvement Project is
under way and the Highway Superintendent and Highway Committee will
meet to discuss the matter. Custer wishes to deed 10 feet to the
Town of Southold if the Town will resurface it for parking.
10. An invitation has been received from the Greenport United
Methodist Church, Greenport to attend their 150 Anniversary celebration
on September 17 , 1978 at 2a00 P.M.
11. Receipt of 'a letter from Dorothy A. Wood, Wabasso Street,
Southold relative to a cable TV problem. The Board met today with
Peter Jones, Vice President of Long Island Cablevision, concerning
some areas they would like to improve. The Board will be meeting again
with Mr. Jones in the near future.
12. Item 12 on the agenda refers to a drainage problem at Birch
Hills, Duck. Pond Road, Cutchogue. An arrangement has been worked out.
with the developer in that area to obtain the rear portion of two lots
for drainage.. purposes. The drainage problem should be corrected _yin
the near future.
13. Notification has been received from the Suffolk County
Legistature declaring May 3rd as Sun Day. Sun Day will be held
instaed of Earth Day of a few years ago. The Legislature would like
to have the Town of Southold participate in this National observance
which it will do.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the Mattituck Senior Citizens be and hereby are granted
permission to ,contract for two buses at $215. 00 for a trip to Radio
City, New- York City, New York on April 4, 1978.
Vote of the Town Board: Ayes; ' Councilman Pell, Councilman Drum,
FEB 14 1978
✓43.9.
Councilman Homan, Justice Suter, Supervisor Martocchia.' 'Absent: -
Justice Doyen.
This resolution was declared adopted.
(Mrs. Marie Johnson asked what size the buses are?---Supervisor
Martocchia stated they are between 40 and 44 passenger. --=Mrs. Johnson
stated they are renting one for $209. 00 and are also going to New
York City. ---Councilman Pell stated that it may be the amount of time
they are spending in New York that calls for the $9 . 00 difference.
Supervisor Martocchia:
14. A meeting has been held with the architect of the Town Hall
Addition relative to changes to be made in the construction. The
architect has indicated that the total construction and engineering
costs to make all changes will be in the vicinity of $1,4600. 00. The
size of the bathrooms will be reduced in size, and a storage room will
be expanded into an office. There will also be an outside stairwell
which was not provided for o.r�fginall_y.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to sign the necessary Change Order for adjustments on the
new town-.hall addition, GPA Joh No. 77-6002 B, amounting to approx. $1600 . 00
Vote of the Town Board: Ayes: Councilman Pell., Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent.:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
15. The Board has canvassed the civil service list for Building
Inspector. There were three names on it: Fred Gordon, Greenport, with
91% , Edward Hindermann, presently employed by the Town as a Housing
Inspector with a 91% , and Edward Lademann of Southold with a 71
At the present time the Acting Head Building Inspector George Fisher
indicates that he needs an additional inspector, and Mr. Hindermann
is working-, as a Housing Inspector and would like to be moved to Building
Inspector at the same salary he is presently receiving. If there
are changes made later in the year and the appointment of a Senior
Building Inspector, for which a. list i- coming out in the near future,
the situation of the salaries will be revaluated. At the present time
Supervisor Martocchia would like to recommend to the Board the appoint-
ment of Mr. Hindermann as Building Inspector.---Councilman Pell
asked if. at a later date the Board appoints a Senior Building Inspector,
was Mr. Terry a Building Inspector or Senior Building Inspector?---
Supervisor Martocchia stated he was a Senior Building Inspector, and
the new Senior Building Inspector would have to come from a civil
service list. ---Mr. Pell Stated this is a new item to him. Is this
list the .-Supervisor is referring to the same list the people were told
to take the test for in January?---Supervisor Martocchia stated it was
for the vacancy in the Building Department.===Mr. Pell asked if
the vacancy would be in the Building Inspector position or Housing
Inspector .position?---Supervisor. Mar.tocchia stated it is up to the
discretion of the Board, there is one opening in manpower, whether
it be for. building or housing.---Mr. Pell asked if they are pulling
from the 1975 list for Mr. Hindermann, and the list to come out in
March is the 1977 list?---Supervisor Martocchia stated that is correct.--
Mr. Pell asked when the list will come out that Supervisor Martocchia
todl the people to take the test for?---Supervisor Martocchia said,
if they are lucky, nine months. The test that affects the list that
will come out in March was taken last June or July---Mr. Pell questioned
whether the Board would be locking itself in if they were to decide a
few months from now to hire a senior building inspector and decided
they only have two openings like in the past as building inspectors,
woul& they have to bounce one of the two men that are already hired?---
Justice Suter said they would not fire anyone, they- would just not
appoint a senior building inspector.---Mr. Pell stated `he has no qualms
about appointing Mr. Hindermann as building inspector whereas he has
attained a score of 91% and the ability to do the job,- but' if you fill
that spot as building inspector and leave open the spot as housing
inspector, and three months from now the Board decides they need a
senior building inspector, and neither one of the two men. who are
employed in our town as building inspector are on that list, does
the town then add an additional psoition to the building department,
does it abolish a position, or do they abolish the position of housing
inspector and have three building inspectors? This is the first time
the7Board has discussed this .amount itself, what is the answer?--
Supervisor Martocchia stated that when the list comes out in March or
early April and on that list is no one from Southold Town, he for one
440`� �E s k 197a
would recommend to the Board not to fill that particular building
inspector job as he does not like to give .Southold Town-jobs to out-
of-towners.---Mr. Pell asked if they could change the title of the
housing inspector to building Inspector?---Supervisor Martocchia said
they could do that.---Mr. Pell asked if there are any requirements
which state -how many personnel you must have before you are mandated
to ahve a senior building inspector?---Supervisor. Marfocchia stated
notthat he is aware of.---Mr. Pell stated he has no reservations
about appointing Mr. Hindermann, he just does not want to find out
three months from now they made a mistake because they did not think
it through. ---Mr. Pell stated he just asked Town Attorney Tasker if
he know of any requirements for a senior building inspector when there
are a.:certain number of employees and he. stated he did not know. Mr.
Pell stated he thought he would then like to wait until Mr. Tasker has
a chance to research this point before making Mr. Hindermann/s appoint-
ment, and make the appointment at the end of the month meeting.---
Supervisor Martocchia stated the present list is going to terminate
very shortly, and if the new list comes out and Mr. Hindermann is not
on the list they cannot appoint him if the first list expires.---Mr.
Pell stated he would goalong with the appointment today.
On motion of Councilman Drum, seconded by Councilman Pell, it was
RESOLVED that. Edward Hindermannbe and he hereby is appointed Building
Inspector from the existing qualified civil service list at his present
salary .
Vote of the -Town Board: Ayes: Councilman Pell (Councilman Pell asked
that his previous remarks be entered in the record. ) CouncilmanDrum
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
16. The next item onthe agenda indicates a meeting with Cable-
vision which was held this morning.
17. Supervisor Martocchia announced that there is a vacancy on
the Southold Town Trustees and resumes will be accepted until February
28th. The Board will try to act on that vacancy on the March 7th
meeting.
18. The Board met this mroning to- discuss professional police
insurance coverage. The premiums should be_ in the area of $6, 847. 50
On motion of Councilman Homan, seconded by 'Councilman Drum it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to sign the necessary documents and send a premium check
for $6, 847:50 to the National Sheriff ' s,,Association for professional
police coverage insurance.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Justice Suter, WHEREAS
the Sacred Heart R.C. Church, Cutchogue , 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 Supervisor be and he hereby
is authorized and directed to execute on behalf of the Town 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 Sacred Heart R.C. Church, Cutchogue , 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 Councilman Homan, seconded by Councilman Drum, it was
RESOLVED -that the application of John C . Tuthill dated January 25,
1978 for the renewal of his trailer permit on the east side Elijah' s
Lane , Mattituck, New York, be and hereby is renewed for a period of
six months .
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
FEB 1,4, 1978 - -
/44 "
This ,resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that the application of Minnie Wilson dated January 25,
1978 for the renewal of her trailer on the property of Mr. & Mrs .
Claude Wilson, west side private road off north side Middle Road
(Route 27) , Cutchogue , New York, be and hereby is renewed for a
period of six months.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
19. Road dedication documents have been received from Gary
Flanner Olsen, representing "Oregon View Estates" , and Eastward
"Manor" . These applications will be reviewed, and are presently
in the hands of Town Attorney Tasker.
Mr,. David Driscoll spoke about a trailer located on the North
Road,. Greenport, near the KOA site , where the property is littered
and the area in disrepair.---Supervisor Martocchia stated that
the individual in question does' not come under the trailer permit
qualifications, he has added to the trailer to qualify as a residence
with 850 sq. ft. of living space.
Supervisor Martocchia:
20. The Board has received a resubmission of a cluster concept
subdivision from James Bitses, Southold . Mr. Bitses has now submitted
a metes and boundes description for the buildable property. It will
be reviewed by the Board to determine if he has complied with all
requests of the Board.
21. Receipt of a letter from Merlon E . Wiggin, Chief, Engineering
and Plant Management, Plum Island Animal Disease Center, Greenport,
expressing his appreciation for the assistance the Southold Town
Police Department gave during the recent snow storms .
Moved by Councilman Pell, seconded by Councilman Homan,
WHEREAS, the Town of Southold has requested the County of Suffolk to
dredge a navigation channel in Gull Pond, Town of Southold, and
WHEREAS, the County of Suffolk proposes to do said dredging of Gull
Pond, in the Town of Southold at a nominal cost 'to the Town of
Southold, and
WHEREAS, in order to accomplish said dredging, plans , specifications,
agreements and other documents must be executed on behalf of the
Town of Southold, now, therefore,. be it
RESOLVED, that the Supervisor be and he hereby is authorized to
execute, on behalf of the Town of Southold, all necessary plans
and specifications, spoil area agreements, assurances to the
County of Suffolk, license and/or dredging permit applications
to Federal and State Agencies and all other documents that may be
required to accomplish said dredging work.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
(Supervisor Martocchia. explained that the foregoing project at
Gull Pond is at a Southold Town public beach, the Norman E . Klipp
Marine Park, which has become shallow again, as it has not been
dredged for approximately seven years . Last yaar the Town was
unable to put the float into the water as they were fearful of
injuries due to insufficient depth at the site of the float. )
Supervisor Martocchia:
22. Notification has been received from the Suffolk County
Department of Public Works relative to a proposed removal project
of unidentified sunken hulks at Budd.s Pond, Southold, the area in
question being near the Port of Egypt Fishing Station, where there
is a sunken boat and scow with a crane on it .
23. Tonight there will be two public hearings held, one is a
proposed local law relative to aluminum wiring, and the other is a
proposed local law relative to self-service gas stations .
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the Superintendent of Highways of the Town of Southold -
442 J �AIEB 11 ,,1978
be authorized to advertise for bid- ;,for the. followings One (1) dump
truck cap and chassis .
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia, Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the Superintendent of Highways of the Townof Southold
be authorized to advertise for bids for the following: one (1)
executive sedan with trade-in allowance on the 1974 Pontiac Bonneville .
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that Robert L. Bergen Oil Co. , Inc . , the only bidder, be
and hereby is awarded the- bid for 10,000 gallons of diesel fuel
delivered to the Highway Department and Town Disposal area at 3.5
cents below their base price which is presently 48.6 cents per
gallon.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that Gotham Sand and Stone Corp. , the only bidder, be
and hereby is.. awarded the bid for 3/8" blue stone at $12.04 per
ton, net to be delivered by truck to the Highway Department Yard,
Peconic , 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 adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that Suffolk Cement Precast, Inc . , the only bidder, be
and .hereby is awarded the bid for the following items, which includes
delivery:
15 - 3 ' x 8' drainage rings @58.00 = 870.00
10 - 416" x 8' drainage rings @82.00 = 820.00
15 - 316" x 8' drainage rings @66.00 = 990.00
10 - 316" x 8' drainage rings @75.00 = 0.00
$3 30.00 Total
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Councilman Pell requested that Highway Superintendent Dean place
any future requests for items which will come before the Town Board
in their mailboxes a day prior to the board meeting, so they may
have time,-to evaluate it before the meeting.---Supervisor Martocchia
stated that in previous years Mr., Dean would request permission to
go to bid on certain items, bids returnable to him, and he to open
them. That has been changed. The Board now makes the bid awards.
-----The request has been duly noted, and Mr. Dean will be notified.
Supervisor Martocchia asked if anyone in the audience would like to
address the Board.
Mr. Cyril Lukeman stated he had a question relative to the agenda
on the January 24th agenda, under letters b. - Planning Board re :
ordinance modifications. He asked that it be explained, is it,
commercial, waterfront, residential? --- Supervisor Martocchia stated
it pertained to tourist camps and the tourist ordinance . There
was some discussion on that but they have not met with the Planning
Board on it as yet.
Mr. Lukeman asked if the Board has made any preparation for the
mandate by the State of New York which states by 1981 property
must be evaluated by market value.---Supervisor Martocchia stated
the State of New York will reimburse Towns and -Villages $10.00
'FES =1 � ✓44' ,
per parcel, andii.t has been estimated Southold Town has approximately
16,000 parcels. The figure they talk about today per parcel is
$25.00 minimum. The whole matter is under study at the present
time and there may be some changes before 1981.---Councilman Homan
stated members of the Board should learn more about the latest
developments next week when they attend the Association of Towns
meetings in New York.
Councilman Pell asked why all other departments in the Town make
monthly reports to the. Supervisor except the Assessors? The Assessors
may be working on this now, and if they received a monthly report
from the Assessors they would be better informed. Could that be
requested?---Supervisor Martocchia stated that on the matter of
revaluation, everything directed to the Assessors is also received by
the Supervisor. On the matter of monthly reports, they were asked
to do that, but it got out of hand. They were reporting the number of
phone calls received and made, amount of postage used, and so forth. They
are given a budget to work with and- most everyone stays within their
budget, therefore, those items were not of critical interest to the
Town Board. However, he can again make that request of the Assessors .
---Mr. Pell suggested that the Board make up a list of the items of
interest they do want from the Assessors, excluding such items as
telephone calls and postage .
Mrs. Marie Johnson stated that the March 1st meeting of the League
of Women Voters vi ll be an open public meeting with people from
Albany to discuss thoroughly the matter of ..V1O01- assessment.
Mrs. Johnson stated she was not at the last meeting when the
appointment was made to the Board of Appeals, but she did listen
to the tape and read the resumes, and on the tape she noticed
that Mr. Drum, who made the motion for the appointment, admitted
he did not know a number of the people who applied, but Mrs.
Johnson wondered if Mr. Drum read the resumes or interviewed the
people before he made the nomination of James Maimone .---Mr. Drum
stated he did not personally know all of the people who submitted
resumes, but he did thoroughly read all of the resumes before he
made the motion.---Mrs. Johnson asked if Mr. Drum felt Mr. Maimone
was the best condidate?---Mr. Drum stated he absolutely did.---
Mrs . Johnson asked Mr. Homan, who made the second to the motion, felt
this -vas the only worthy applicant?---Mr. Homan stated there may have
been other worthy applicants, but felt Mr. Maimone was certainly
a worthy applicant, and he knew his qualifications, therefore , he
seconded the motion.---Mrs. Johnson asked if Mr. Pell didn't object?
---Mr. Pell stated he did object because they only had 10 to 15
minutes to study the resumes and he considers himself a fast reader,
but he could not read the resumes in that period of time and
participate in the discussion that was going on, as everyone did,
and make a decision in that short period of time .---Mrs . Johnson
said she hopes that the procedure followed in the next appointment
will be better.--- Supervisor Martocchia stated he agrees they moved
fast on the appointment, and he stated his reasons at that time, but
it turned out he was a bit wrong. As he had tried to put it together
it was indicated to him they would not have a quorum for the February
2nd appeals Board meeting and they had a lot of business to transact.
The- Fishers Island member, Serge Doyen, indicated his wife was .
seriously ill and he was required to travel to Connecticut often for
treatments, and he was going the day before and most often stays over
night, and he indicated he would not make the meeting. With Mr. Doyen
missing, and Robert Bergen on vacation in Florida, the Board would
not have had a quorum. He agrees they moved quite fast, but he did not
want the Appeals Board to become bogged down.---Mr. Charles Hickey
asked wht qualifications were found in Mr. Maimone ' s resume that gave
him position over the other people who submitted resumes?---Supervisor
Martocchia stated he has said in past years that one of the biggest
qualifications in any job is to have a head on your shoulders. We all
have one , but sometimes we don't use to the best advantage . He has
known this man quite a long time, he is very community minded. If he
is asked to do something he drops everything and does it right away.
He has the pulse of the community, belongs to a lot of good organiza-
tions, which means he is a respected person. He is with the Chamber
of Commerce , President of the Civic Association of New Suffolk last
year, therefore , he is well known in the community, and there is
an expression that you. know what is going on in the whole community
when you go to a barber shop. By no means is he saying that one
of the other applicants were qualified.---Mrs . Johnson said that
the successful applicant' s resume was by far the least impressive
of the group, his only qualification was that he had been a barber
for 15 years, some of the other gentlemen had degrees in law, had,
been working asprofessionals, and one had been a builder. She does
not understand how Mr. Drum could consider this person the best
applicant to nominate , and how Mr. Homan could second it and how
all of them could have voted for him. Supervisor Martocchia
stated that everyone has to grasp around for a while before they
can fully handle a job.---Mr. Drum stated he does not feel that if
they looked at just the education for the best qualified person,
he is not sure that these people the best qualified make the best
public servant. If you look at who the people in Southold Town voted
for in the past election, they didn't vote for the college- graduate , or
the best educated. They looked at the overall education and the
person as a public servant . He feels that Mr. Maimone has the interest
of the community at heart; he would not have propmed him if he did not
feel that way. He has the interest of the community at heart as so
many people in the community have told him he has had that interest
for many many years. Whether there is something wrong with our streets
or highways, what the Board of Appeals is doing, what the Planning
Board is doing, he has expressed this to his neighbors . That to Mr.
Drum is one of the important qualifications of any public official; it
is essential that a public servant has that interest and to him that is
real education; he is educated to being a public servant .---Mr . Hickey
stated he feels', the appointment is an insult to the intelligence -of
Southold Town.---Mr. Driscoll asked what this individual did before
the 15 years ago he came to Southold Town. He does not feel anyone
can be appointed to public office in a responsible position before
going back beyond 15 years. He does not feel that 15 years in the commun-
ity with the background that he has tells the taxpayer or the property
owner what we want to know. There is nothing wrong with being a barber,
but what did he do before that?---Supervisor Martocchia stated he had
been a barber in New York City.---Mr. Driscoll asked why that wasn't
in the resume?---Supervisor Martocchia said he told him to keep it
brief.---Mr. Driscoll said _he agrees with the sentiments of some of
the people in the audience , he does not think anyone should be
appointed to a national or federal or local government withouta
thorough examination of his qualifications beyond 15 years .---
Supervisor Martocchia stated that every .two years whenever you think
any member of this Town Board is not serving you well you have the right
in November -- exercise it. Supervisor Martocchia stated he knows
that is in back of the pitch today. He knows that when resumes were
requested it was supposed to be non-political. However, some resumes
that were submitted to him were all of. one party affiliation.---Mr.. Pell
said the same thing was done today in haste, he was told that the
list with the building inspectors from town could be withdrawn
tomorrow, so they made an appointment today and he took part in it.
Somehow they must get away from the last minute , hastily made de-
cisions. The Board -protected a man with a score of 91 today, a man
whose background they know, he has worked for the Town for a number of
years, they have his civil service test . He did take part in the
appointment, since if the list were withdrawn tomorrow the gentlemen
who had proven himself as a good civil servant, had qualified on the civil
service test, can be protected. Yet it was done in haste. According
to Mr. Tasker they could be in violation of some civil service statue .
---Mr. Tasker stated he did not say that at all. Mr. Tasker said that
Mr. Pell asked him whether the civil service (he did not want to get
involved in this, but when his name is quoted and he is not correctly
quoted he does get involved) may have a requirement that if you have
three or more persons in a department you would require a senior
building inspector, and he told Mr. Pell he did not know.---Mr. Pell
apoligized, stating Mr. Tasker was right . But there is one unknown
factor, and they did act today, and they do have a many who has worked
to improve himself, and he does approve of the appointment of Edward
Hindermann to the Building Department, but how can the Board prevent
from having to act in haste all the time .---Supervisor Martocchia stated
there was no haste in that case, Mr. Hindermann has been on the list
for two years and there was a vacancy January lst . Now we are in the
middle of the second month and there is a vacancy from a civil service
list that they can fill. They call for a civil service list because
they want to appoint. They didn't appoint someone that was substandard,
they appointed someone with a high score andpresently employed by
the Town in the category that he is approved from a civil service
list .---Mr. Driscoll stated his point on the appointment of the Board
.. Ea 14 197e 445.
of Appeals member was that no one went beyond the 15 years on the resume .
Has anyone examined the man' s background; for all he knows he might
have been a felon.---Supervisor Martocchia stated he can tell Mr.
Driscoll nog he has researched it through the Police Department.--- .
Supervisor Martocchia stated the decision has been -Made and if there
are any regrets to exercise them at the polls.
Mr. Driscoll asked if the Board or Supervisor Martocchia individually
have any reaction to the remarks made at the Board of Appeals meeting
of February 2nd, by the Chairman of the Board of Appeals, ..concerning
the fact the Town Board had failed to pick up a lot of these.. commercial
property classifications during the years past?---Supervisor Martocchia
stated he does not know what Mr. Driscoll is talking about---Mr. Driscoll
said that it was in the paper that Mr. Gillispie said that the Town
Board has the ability to pick up certain non-used light business
properties that were freely given out. some 30 years back, but it was
not within the power of the Board of Appeals to do so, it was the Town
Board that should do it . He wondered whether they had any reaction to
that or any intention of pursuing that comment?---Supervisor Martocchia
stated they meet jointly with the Appeals Board and Planning Board every
so often that was never mentioned to him by the Chairman of the Appeals
Board.---Councilman Homan stated he thinks it had reference to the 1971
major zone change .---Town Attorney Tasker said he read the Board of Appeals
minutes and thinks what Mr. Gillispie was referring to was the fact that
this property (Teves property) is business zoned, one lot about two
acres, surrounded by nothing but residential area, and that it had been
so "B" zoned since 1957 when the original zoning ordinance was enacted.
He thinks that Mr. Gillispie in referring to the fact, said it looked to.
him like it was an oversight to leave that parcel business when they
had the general revisions of the zoning ordinance but that amendments
of the zoning ordinance are functions of the Town .Board and not the
Board of Appeals and that he was more or less stuck with what he had
to deal with.---Ur. Driscoll said he thought that was correct, but that
the statement did not only apply to the Teves property, it applied to
commercial property elsewhere that should have been reclassified as
residential if it had not been used as business for considerable time .
Mrs . Gladys Csajko stated the North Fork Taxpayers were very pleased
to see the steps they have taken with filling the Trustee vacancy,
because they have given her a letter which she was to read today
asking the Town Board to announce positions that are available in
order to give people time to submit resumes and time for the Board to
go through the resumes. She will hand the Board theletter later as part
of the record.
Mrs. Csajko asked whether the Town Board or Greenport Fire Department
were ever notified of the toxic and explosive materials being used
in the construction of the railroad bridge . Were they ever warned
at all of the type of material being used or equipment that should� be
available in case of fire?---Supervisor Martocchia stated he did not
know if the Fire Department had been notified, at least he was not at
any meeting where it was discussed. The fire department did have the
material to cope. with it, but they did not have enough of it.---Mrs.
Csajko stated that if they were using such dangerous material the
Town and Fire Department should have been warned ahead of time , suppose
the fire had started when a school bus was going over the bridge .---
Mr. Pell asked if it would be possible for the Town to- request that
whatever chemical was used to fight the fire could be secured so
there would be more available in the Town?---Supervisor Martocchia
stated they will get it from Brookhaven, the Chief is supposed to
be going that now.
Mrs. Csajko stated there have been telephone calls being received
throughout the town from Cablevision regarding the sales tax rebate .
The pitch given is that rather than take therebate, donate it to
Timothy Hill Ranch. Since Cablevision is franchised by the Town, do
they ask whether they can do something like that, or do they just go
off and do it? And, does the town or anyone on the Board know
whether this organization is a legitimate foundation?---Supervisor
Martocchia stated it is a good foundation, it is getting a lot of
worthy support, and he attended their telethon where they raised quite
a bit of money. It is registered and he contributed as well as many
446
others. The amount of the refund would be 500 a month, and it has been
paid 'by Cablevision into the State . The State is sending a form for
individuals to receive a refund.---Mr. Driscoll stated he spoke to Cable-
vision this morning, and was informed, which he confirmed from previous
correspondence, that Cablevision will not be' involved in the refund,
it will come directly from the State Department of Taxation and Finance.
Form ST-10 can be obtained from the Special Refund Unit, Department
of Taxation and Finance, Albany, New York 12227 . Someone else was told
by. Cablevision to write to Hauppauge . Mr. Driscoll feels the Town
should look into this matter. He does not think Cablevision should be
advising people to donate to any charity, no matter how worthy.---Mr.
Homan asked if Cablevision was in fact making the calls asking the sub-
scribers to donate to the foundation?---Mr. Driscoll stated this morning
he spoke to Peter Jones ' secretary who said no one from Cablevision
was making the calls to her knowledge, she certainly wasn't . Other
people have- interpreted the call as coming from Cablevision.---Mr.
Driscoll feels the Town should look into this, since they franchise
Cablevision and spent upwards of $10,000 for a consultant to look
into Cablevision before the franchise was granted.---Supervisor
Martocchia stated the money which was paid the consultant was received
back. It was part of the fee the Town was getting from Cablevision,
the cost for the study. The actual amount was about $5,000 and it was
deposited into the general fund.---Mr. Homan stated that he feels it is
not the obligation of Cablevision to get the State tax refund back to
the subscriber, he believes it is the obligation of the State . He is
not defending Cablevision, but does feel it is the State ' s obligation.
---Supervisor Martocchia stated he will find out the procedure for
getting the money back, and he will inquire about the phone calls,
if L.I. Cablevision is promoting the idea of contributing to Timothy
Hill Foundation.
A gentleman in the audience spoke to the Board about a question he
asked the Appeals Board relative to people coming on his beach. The
people claim they don'ttrespass, but they have to trespass to get
on the beach. What should he do about people who come on his beach,
have a picnic , throw their garbage among the rocks, then go fishing
even though his children are in the water swimming, and they then
tell him to mind his own business, they are below the high water mark.
He has called the police and the police say the same thing, they
can't do anything if the people are below the high water mark. He
suggests that, whereas a person must trespass somewhere to get below
the high water mark, the police can arrest those people because they
trespassed to get to the point where they are fishing or having a
picnic, even though he isn't at that moment trespassing.---Supervisor
Martocchia stated the police must see the person in the act of tres-
passing and the property owner must prefer the charges.---Mr. Pell
asked Town Attorney Tasker if there is any way this gentleman, if he
sees the people going across his property or any other unauthorized
property, he can sign a complaint with the police?---Town Attorney
Tasker stated that is correct, and the complainant must Eppear as a
witness .---Mrs. Csajko asked if they couldn't get the people for
littering?---Town Attorney Tasker stated the procedure is the same
as trespass. They must file the complaint as a witness .
On motion of Justice Suter, seconded by Councilman Pell, it was
RESOLVED that a recess be called at 4:45 P.M. meeting to reconvene
following the public hearings to be held this evening.
Vote of the Town Board.: Ayes:, Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
(As a point of information, Councilman Homan, advised the public
that a notice has been received stating the full service street
lights went up 7%7
but since the Town does not have any full service ,
they only received a 1% raise . )
Meeting reconvened at 8: 50 P.M.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to enter into a .lease on behalf of the Town of Southold
with Richard F. Lark for the lease of a parking lot in the rear of
the Justice Court Building, Main Road, Cutchogue , New York, at an
annual rental of $400.00 with an automatic one year extension if
agreed to by both parties. Term of the lease is January 11 1978
through December 317 1978.
:FtB.x.1'' ;'9 78 /44 (:
Vote of the Town .Board: Ayes: Councilman PeTl, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia spoke to the Board about the possible extension
of John Wickham as a member of the Planning Board at the expiration
of his appointment which expires April 30, 1978. Mr . Wickham will
be 70 years old on May 31, 1978, and cannot continue in the position
after the age of 70 years without approval of the State . Supervisor
Martocchia received a letter from the Planning Board indicating that
at their regular meeting on January 309 1978 a motion was adopted
whereby the Planning Board goes on record requesting the Town Board
to take the steps to keep Mr. Wickham on the Board for another year.
Mr. Wickham himself submitted the following statement to the Town
Board: "I would like to continue the Planning Board work for mainly
two reasons . One, I want to finish rewriting the Summary of the Plan
for Development of the Town of Southold that we have been collecting
comments from all parties. We are going to start next week to put
them together and then it will have to be completely rewritten and
presented to the Planning Board, the Appeals Board and the Town
Board for their approval. This is going to take some months . In the
second place, I am very anxious to finish up on the establishing of
the flood plain elevation for the Town of Southold, working with' the
Army Corps of Engineers and this has been a long drawn out affair with
Lawrence Tuthill establishing levels and we have been working at it
now for a long time but, if the pressure is really put on, it can be
wound up within the year, I will still be 69 when my appointment
runs out . I do not want to serve after the 3)th of April, 1979, but
would like to have one more year. "
On motion of Councilman Homan, seconded by Councilman Drum,
WHEREAS , John Wickham has served as the Chairman of the Southold
Town Planning Board since its creation in 1957, and prior thereto
was a member of the Southold Town Zoning Commission, and
WHEREAS, John Wickham will reach the age of 70 years in May 1978, and
WHEREAS, Section 70B of the Retirement and Social Security Law
provides that a member of the New York State Employees Retirement
System who attEins age 70 shall retire on the first day of the
calendar month next succeeding the event unless the State Civil
Service Commission approves the continuance in service of such
employee, and
WHEREAS the Southold Town Planning Board has requested that this
Board request the Civil Service Commission authorize the continuance
in service of John Wickham for a period of one year, and
WHEREAS this Board believes that the said John Wickham is physically
fit to continue to perform the duties of his position and that his
continuance in his position would be advantageous because of his
expert knowledge and special qualifications,
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby
is authorized and directed to file a written statement with the New
York State Civil Service Commission approving the continuance of
John Wickham in his position as a member of the Southold Town Planning
Board.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Pell, it was
RESOLVED that the following audited bills be and hereby are approved
for payment: General Fund Part Town bills - $11,041.66; General
Fund Whole Town bills - $28,692.92; Fishers Island Ferry District
bills - $65,888.74_; Highway Department bills - $187569.58.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that this Town Board meeting be adjourned at 10:10 P.M.
with a minute of silence in memory of Joseph G. Hataier, Southold
Town Trustee from January 11 1976 to January 31, 1978, the day of
his death.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
ti
1978
udith T. Terry, Tou Clerk
On February 15, 1978 Supervisor Albert M. Martocchia appointed
Henry Moisa, Acting Chairman of the Board of Assessors, in the
absence of Chairman Melville A Kelsey, Jr. This appointment is
subject to the approval of the Town Board on February 23, 1978.