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HomeMy WebLinkAboutTB-08/08 & 08/09/1978 'AUG 8 1978 73 AUG 1978 SOUTHOLD TOWN BOARD August 8, & .9, 1978. Executive Session Robert J. Do_uglass,, . President, Southold Town Fire. Distr_ict Off; c,Pr, Association, Benjamin Orlowski, Jr. , Vice-President, Vincent Wieczorek, Second Vice President and.,. First Vice President of Chief' s Council, and Fred Rempe, Greenport Fire Department spoke to..the Board regarding the adoption of- a Fire Code for the Town of Southold. Basically, they would like to adopt• the 1976-77, New York State Fire Prevention Code, with some revisions, and call it the Southold Town Fire Code. The additions they anticipate. adding are: (1) all enforcement of said code to be handled by each village fire district for their ,area; (2) said enforcement will be by a .r.ecommended ,person or persons presented by each fire district to the town board for appointment; (3) said person.. or persons appointed by district, and town board will do all necessary enforcement work on a voluntary basis with no pay, other than possibly $1. 00 per year to cover with town insurance, etc. ; (4) all district person or persons appointed to enforce said code shall be recommended and appointed on a yearly basis;, (5) any' person or persons to be considere,d. for this enforcement position must be properly qualified firematically - and .in a-11--other. .category deemed necessary; (6) ' it is their express- opinion that there should be no changes in this enforcement policy without first having a district ,meeting with the Southold Town District Officers Associa- tion and Southold Town Fire Chiefs Council and, proof of necessity. Said Southold Town Fire Code not` to become retroactive on existing structures or businesses . . In . the matter .of inspections, they would merely like to inspect existing structures, industrial, businesses , and make recommendations for good fire prevention. They would like to make recommendations on proposed new construction for good fire preven- tion. They asked that the Board consider their request to hire attorney Richard Lark to write the ..Code, .his fee 'to be . paid by the Town. The Board advised they would meet-with--Mr.: Lark. to_further _ discuss . this proposal. . _ . . Mr. Edward J'. Ferguson, President, Leeton Drive Beach Association, Inc. , Southold,, spoke with the Board relative to the proposed construc- tion of a groin field in Long Island Sound below Leeton Drive. They have the necessary persits..from. the .,Corps of,.Army. Engineers and.. Department. of .Environmental -Con servation_and plan _to, .begin construc-*- tion within the next week. Their problem is the, need for .course fill to. be placed between the groins . If they .use sand it will be washed away with the first storm. Mr. Ferguson asked if it would be possible to get some of this course fill from the Goldsmith Inlet area where it has built up to the. end of the jetty. The Board did not feel this would ,be feasible. Highway Superintendent Dean stated there is an excess of from the sifted sand that. he ,must find a way of disposing of. He suggested that Mr. Ferguson'•s group purchase fill tickets for the amount they need from the Town Clerk at 75(� per yard plus tax and he could supply the fill needed . Mr . Ferguson said they. would need.-less than. 1000 cubic, yards and few this was the ideal solution. A regular meeting . of the Southold Town Board was held at 3:,00 P.M. , Tuesday, August, 8„ 1978. at_the Southold - Town Hall, Main: Road, Southold, New York. Supervisor Martocchia opened the meeting with the following present: Supervisor Albert M. Martocchia Justice Martin Suter 74 AUG 8 197 AUG:'` Councilman James Homan Councilman Henry W. Drum Councilman William R. Pell III Town Attorney Robert W. Task:er Highway Superintendent Raymond C. Dean Town Clerk Judith:' T. Terry Absent:— Justice Francis T. Doyen. On motion of Councilman Homan, seconded .by Councilman Pell, it was, RESOLVED that the July 25, 1978 Southold Town Board minutes be and hereby are approved as submitted. Vote of the Town Board: Ayes: Councilman Pell, Cou cilman' Drum, Councilman Homan, Justice Suter, Supervisor 'Martocch' a . Absent: Justice Doyen. This resolution was declared adopted. On motion of Justice Suter, seconded by Councilman D um, 'it was RESOLVED that the next regular meeting of the Southo d Town Board will be held at 3: 00 P.M. , August 22, 1978. 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 stated that the audit is not complete, and they will not be, closing out todays meeting, it will e recessed and rec.onvened tomorrow at Fishers Island. On motion of Justice Suter , seconded by Councilman Ho an, it was RESOLVED that the July 1978 reports of the Supervisor, Town Clerk, Assessors , 'Building Department, Police-Department, Dog Warden, and Justice Suter be placed on file. Vote of. the Town Board: Ayes: Councilman Pell, Coun ilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchi . Absent: Justice.. Doyen. This resolution was declared adopted. Supervisor Martocchia: 1. Letter from Lee E . Koppelman, Execu ive Director of the Nassau-Suffolk Regional Planning Board expressing his appre- ciation for the excellent opportunity the Board gave is colleagues and himself to present their findings on the 208_ stua' Of all the public meetings they have attended thus far, this was the best attended and, in his opinion, the most positive one t at they have had .---Letters of support have been received from the North Fork Audubon Society, North Fork Environmental Council In6 . . and the j,Qague cif woman Vo pra gf Riverhead-SQu tho ld. ---The TIOwn Board is fairly certain they will support it, but are asking two weeks to study it thoroughly. It will be further discussed at the next meeting. 2 . Members of the . Town Board, Supervisor Martocchia, Councilman Homan, and Town Clerk Terry visited the Eastern Suffolk , Nursing Home on the occasion of the 100th bir hdaLy of - mond . Everyone concerned was appreciative that the Town officials attended. 3 . There has been a serious problem at the Mattituck Inolewt. The Board had some pictures delivered to them today showing the barge wrecks sinking. The Coast Guard and Corps If Army Engineers have been notified the barges are sinking. Councilman .Homan reported that he met with the people from the Office of Mental Retardation a weZklz ago today and dis ussed various sites that had been given to him for a home in the Town and there will be a resolution later in the meeting. Supervisor Martocchia reported that the accusation of police brutality AUG 81978z, 75 AUG ' . 9 1978 against Chief Cataldo has been dis.missed by the Grand Jury. So often allegations and charges appear in .the press in big. print, however, when the matter is resolved it appears in small print in the back of the newspaper . In the matter of the Cedar Beach problem, County Executive Klein_ approved the drawing of. a contract for security personnel to be placed at the beach. Supervisor Martocchia: 4. Letter from the the Suffolk county Tax Receiver ' s_ Association indicating they are trying to have legislation intro- duced to amend the _Suffolk County Tax Act to make their term of office four years . The Board is taking no position on this matter . 5. The Mattituck Fire Department is requesting per- mission to use Town roads for a ap rade in conjunction with a car- nival they are holding August 29th through September 3rd. They have not as yet applied for a special license for this carnival and must do so before the opening date, as well as permission from the Board of Appeals . On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the Mattituck Fire Department be and hereby is granted permission to hold a ap rade along town roads on August 30, 1978 beginning at 7: 00 P.M. 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 Councilman Drum, it was RESOLVED that Southold Town Police Department Rule' and Regulation RR 76-2 is Tevised and amended as follows and shall supercede the provisions 'of Article XV, Section 1 of the Rules and" Regulations adopted by the Town Board of the Town of Southold on August 10, 1965: I . PURPOSE To provide regulations governing the use of sick time . II . PROCEDURE A. Employees of the department who are ill or injured and unable to appear for duty should notify headquarters as soon as possible upon making such a determination in order that a replace- ment maybe obtained if necessary. I'n no event shall an employee make such notification less than two hours prior to the time at which he is 'required to report for duty. In the case of civilian . clerical employees, such notification shall be made` no less, than one hour prior to the' time at which he is required to report for duty: B. The Chief of Police shall have the authority' to•, require additional information and certification relative to sick- time requests in such form as he deems necessary. . C. A member of the department who is sick is assumed to be either at home or in -the hospital or a doctor ' s office receiving treatment: Since the municipality pays the member for such sick-time, it has the right to determine if such sick-time ,is justified. Accord- ingly, the department reserves the right. to call -or have its re_ presentatives visit the" residence of the •member when such member is on sick call. Any member who re-putts sick for a tour. of duty_ and due to circumstances beyond his control is not at his residence, shall 76 'A.UG �9?� so advise the radio operator, or other appropriate p r.son_, - when reporting and advise of the location_ and phone rlumbe l at which. he_ can be reached. If it is, necessary to leave the: res Bence to go to a physician' s office for treatment.,' headquarters;- sho ld be advised in advance giving pertinent details . D. Any member who. is absent-from- duty for illness or injury, regardless of the duration, shall complete a _form. PDTS-,109.. . .. (Affirmation relative to illness or injury) and submit such form upon his return to duty. E. Notwithstanding any of the .foregoi_ g... ,proyisions, the Chief of Police shall have the. right_ to require_ i hat, the em _ __ ployee_ present himself to a physician acting at- the �equest- of the Chief ofPolice_ for the- purpose. of. an.. examination-. S ch examination shall be a charge against the Town-of Southold,_ F. _ The- failure of a_ member to comply with the above provisions could lead_ to.-a forfeiture of pay, for such sick days . 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: 6. Letter from the New York State De artment of Transportation relative to plans_ for the repair 6f the seawall at East Marion. He had requested the Department to make an .evaluation ofthe damage done to the seawall during- the winter storms. They/ advise that their engineers are presently completing a study of the area to determine the best solution. to the problem. 7 . Receipt of resignation from 'Henry F. Moisa as a member of the Suffolk County Select Committee on the -Acquisition of Development Rights of Farmland .---The_Board will accept names to be considered as a replacement. for Mr.,.Moisa . _- - _ „_ _ 8. Notification from the Department of the Army, Corps of Engineers, upon application of the Suffolk CountDepart- ment of Public Works for the construction of bulkhead and install dolphins at the Long Island Railroad pier in Greenport Harbor. Objections by August 27,_ 1978. , - 9. A meeting was held this morning with members of the Southold Town Fire District Officers -Association relative to a proposed Fire Code for the Town of Southold. Further meetings will be held on this- to go into - it at depth. On motion of Councilman Drum, seconded by Councilman Homan, it was RESOLVED . that Supervisor. Albert..M. Martocchia be. and he hereby is authorized to enter into--a contract on behalf of the Town of Southold with General Appraisal Company for a -detailed property record, installation_for the Town of Southold at $4, 650.00, plus an annual fee of 10/ of . the original fee for Continuous Appraisal Service. 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 10. Correspondence with the Leeton Drive Association relative to some groin work they plan to do. The Board met with Edward J. Ferguson this morning, who asked if it would be possible to get . some course fill from the Goldsmith Inlet area where it has built up to the end of the jetty. The Board did not feel this would be a good idea and advised -Mr. Ferguson that they could buy excess fill from the disposal area at 75 ' a yard plus tax. This is .quite agreeable to Mr. Ferguson. 11. - The Board _has-. r-eceived an application for a tourist camp .permit from. Eastern. Long_ -I.s-land" Kampg.round- I-nc-.. which AUG 8 1978 77 AUG. �9 is not in correct form and will be returned to the applicant. On motion 'of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that the Board set 3: 30 P.M. , September 5, 19781 Southold Town Hall, Main Road, Southold, New York as time and place for a hearing in the "matter of the application of games Meskouris for a permit under the provisions_ of the Wetland Ordinance of the Townof Southold for permission_ to remove 40 ft. by 10 ft. strip of beach grass, allowing access to water for swimming on his property located on the east side of tributary of Mattituck Creek, off Westphalis Road, Mattituck, New York. All persons interested 'in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. 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 announced that there is a vacancy on the oars bf gala and names were to be received -until August 5th. Two additional applications were received, Jack Driscoll of Laurel and Gerald Wells of Cutchogue. Another name was received today, but it is too late. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that " the following resolution adopted by the Southold Town Board on July 25, 1978 be amended as follows: "RESOLVED that Supervisor Albert M.. Martocchia 'be and he hereby is authorized torenter into a contract on behalf of the Town of Southold with Mr . and Mrs. - J. F_ellinger-Ihar for -the purchase of approxi- mately one acre of land, together with a twenty-foot easement running from- said parcel- to 'Duck .Pond Road, ' Cutchogue, "New York-, for the consideration of $1,' 500.00 (subje'ct ' to a permissive'"referendum) . " delete 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 ,Mr. Fellinger-Ihar ' s 'attorney, felt' a permissive referendum. wbuld be necessary, although Mr . Tasker did not. " Further research was done and it was determined ',,a per- missive referendum is not "necessary. - Therefore,, the previous- re- solution was adopted to amend the July 25th resolution omitting "subject to a permissive referendum. " Supervisor Martocchia: 12. There " is a _part-time position- open 'for aro inspector for subdivision road and 'drainage construction.. The' pay for such a position is by inspection. Anyone interested and qualified should submit resumes .to the Town Board: 13 . Letter from od� Adams relative to observations of some of the public buildinas she has visited recently. Miss Adams suggested moving the air conditioner in the Justice Court to a site on the east wall rather than behind the stenographer, as it must be turned off during court hours for the stenographer to hear what id -being said.=--This problem will 'be resolved as there "i-s an air 'conditioner available for installation at the Justice Court. 14. On Saturday' Supervisor' kartocchia, Councilman Pell, Justice Suter; and Councilman Drum met with the Deputy'Director of the HUD, program from New York City and -reviewed quite a few, of- the items: They were :convinced ' th'ey were not making a move al-1 that b ad in adopting the HUD resolution. Moved by Councilman Drum, seconded -by Justice Suter, WHEREAS, the Town of Southold has executed a' -Cooperation 78 AUG AUG Agreement with the County of Suffolk for the purposes of receiving _Federal Community Development funds under the Hous.i.ng and Community _Development Act of 1974 .(P.L. 93-383) ;, and WHEREAS, . the Department of Housing ,and Urban Development has approved the Year III applicationof Suffolk County upon condi- tion that :the County and the Consortium. members approve assurances in the .form of. .certified local governing ,body resolutions that each cooperating municipality. will take positive, action necessary for the development of its proportionate share of the housing units .ca lled for under the current Housing Assistance Plan-, and will not impose any unreasonable impediments to the development of such units- called for under the Housing Assistance Plan, and . WHEREAS, the Secretary requires assurance that affir- mative steps will be taken to implement the Suffolk County- Housing. , Assistance Plan as a condition to the receipt of Year III Community Development funds by the Town of Southold for various projects. or activities as described in the approved application; Now,. therefore be it RESOLVED that the Town of Southold hereby acknowledges its commitment to the goals of the Housing Assistance Plan as approved by Hud;. and be it further .. RESOLVED that the Town .of Southold -pledges that it , will take.positive' action necessary for the deve11-opment of. its, proportionate share of. housing units. called- for. .under. .the current Housing .Assistance Plan as approved by HUD and will impose no . unreasonable impediments to such housing development. Vote of-.. the Town Boardc. . Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice 'Suter,_ Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared acb pted. Supervisor Martocchia: 15. Item 25 on the agenda is an adjustment of dates. in the_fire shvdrant contract with the Village of Greenport . so the contract will end. on December :31st. . 16. Item 26, the purchase. of. a .Lgfriaerat op,_ UFj will be held for the. meeting onshers Island on Wednesday. Item _27, a transfer of .Fishers Island. Ferry District funds will . also be acted on at Fishers Island. tomorrow. On motion of Councilman Pell, seconded by Justice Suter, it was RESOLVED that the Orient Fire Department be and hereby is. granted permission to close Orchard_ Street from Village Lane to Navy Street on August 19, 1978 from 12 P.M. through 10 P.M. for the .purpose of holding their 20th Annual Barbecue, provided the necessary insurance is obtained to hold the" Town ,.of Southold harmless. Vote of the Town Board: Ayes: Councilman Pell,. _Councilman Drum, Councilman. Homan, _.Justice Suter,. Supervisor Martoicchia. Absent: Justice Doyen. .This resolution was declared acb pted. -On motion of Councilman :Pell, seconded by Councilman Homan, it was RESOLVED. that the Southold _Town Board _set _3-45 PLl,���Se tember lam. Southold Town . Hall, Main Road,., Southold New York as time and place for a hearina in the matter of the application of The L�orth _Fork Bank=& _Tru_st_Companv for a franchise to run an aerial .communi- cat ons -gable along public roads between the North_ Fork; Bank Trust Company office on Love Lane, Mattituck, and .its data. center on Sound Avenue, Mattituck. This cable would run along the south side Pike Street to a point on the west side of Westphalia , Road, across and along the east side of Westphalia Road to the south side of Sound Avenue, and along the south side Sound Avenue to the AUG `°1:9 � ,� , �9 AUG 01978 = - North Fork .Bank. and Trust Company computer building on the southeast. corner -.of Sound Avenue and Pacific Street.- All persons ,.inerested in said .matter shall. appear at the time. and :place above specified and will be given an opportunity to be heard. 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: 17. Letter from Lee Koppe® lman relative .to his 2008 - presentation at Southold Town last week. It was the best attended to date and most .positive one they have had. . On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that' the Town of Southold—understands- the need of the ce of Mental Retardation and does approve of the selection of a site in Southold - Town. The final site selection shall .be approved by the Town 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. Mr. :Kohnle, Greenport, - asked about I,tem 19_ on the agenda, K�O hearing date, is that a new application or new site?---Supervisor Martocchia stated -it is the same site; but. they are applying for. 24 : additi6nal sites, .which they can under - the new regulations. This, would give them,.a .total of . 148 sites: They presently hire 123 or 124. They originally applied for 1.67 sites. -- Councilman Homan stated that as ::they:..develop. ,the _sites .they need Town Board approval. Mr. William-. Schriever, Orient,, asked what. it is- the Town Board is going to do about the �208presentation?---Supervisor Martocchia stated that the night of the presentation was a week ago today, August. lst•. , He hdd his 208 books., .but the other board members did not receive them until the- night of the presentation, and would like ,an_ opportunity, to . look the books over. --=Mr . .Schriever asked what will be adopted, will there be a new law?---Supervisor Martocchia 'said..that,:all the.y.care asking for is .the.:Town Board ' s support..of: the study..---Councilman Drum stated that Mr.. Koppelman asked for Town Board support of his plan .t.o -Albany:.---A copy of the 208,� study is available to look at it _at the, Town�_Clerk,' s office. A member of the audience stated .=that he . is •100/ in favor of the work to be done at the harbor in Green port.----Councilman Pell stated that the Village of Greenport. is . looking:.into obtaining, federal funds . for that project (Sweets Shipyard.). Mr. Wfeinheimer, Peconic,. -asked whether the resolution adopted for Year III HUD funds implies that those funds will flow in freely now, that you will be. able to proceed. .with work on the.. Peconic center? ----Supervisor Martocchia . stated that is not necessarily so, it means-,_the.ITown-_has a shot, at it again,::, . Prior ,to .the.:adopgtion of this resolution the Board supplied HUD. with a . lis.t of- seven or eight areas in the town which are. presently zoned ..::1M:'- Residential. The Deputy Director of :HUD,: in their _meeting ,Saturday, :said that he feels the Town is on. fairlyi-safe grounds, . that if :we !apply sound - planning principals..to .theirl_decisions,- and:if someone did ask for a change of,—zone":;—lit would :not_concern them _if i it were turned down for_ good, reason.: . _ On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED -.that a r.ecess :be called 'at-3:40 P, .-M: , meeting- to reconvene at 1:.00 .P.M. , Wednesday, _2Nugust,9, 1978 at the -.Fishers Island School, SO: AUG,;; AUG Fishers Island, -New York. Vote . of --the Town ,Board: Ayes: Councilman .Pell,, Councilman_Drum, Councilman Homan, Justice Suter,, .Supervisor. Mar.to.c.chia. Absefit.: Justice .Doyen. _--... . This resolution was, declared adopted.. This Southold Town Board meeting reconvened at 1-: 00 P.M. , August 9, 1978 at the F,ishers_•Island School, Fishers Island, New .York. Supervisor Martocchia -opened the meeting .with the following members present: Supervisor Albert M. Martocchia Justice Martin Suter : Justice Francis T. Doyen Councilman James Homan +. . . .Councilman Henry W. Drum _ . Councilman William R. Pell III Highway Superintendent Raymond C. Dean -Town -Attorney. Robert'W., Tasker Town Clerk Judith T. Terry Supervisor Martocchia introduced the members of the Town Board and the following Fishers Is.land;: County '.and Town .offic.ials -.present: .John 'Pendleton, President of the F.I. 'Civic Association George 'Fisher & Curtis Horton., . So. .Tn. _-Bui.ld.ing :Dept. Henry Moisa & Char.les•-Watts., 'So. Tn. .Board of Assessors Robert Gillispie, Terry Tuthill, Robert Bergen, ..Serge ---Doyen, . So. . Tn. Board of Appeals Scott Harris, Anna Hataier, So. Tn. Trustees Fred Gordon, Frank Coyle,,. James Wall, So..: Tn,..._ Planning Board William Allen, Acting Mayor, _ Village of .Greenport Henry Carlozzi, Trustee,.-Frederick Tedeshi, .Jus_tice : Village of Greenport Arthur '.Felice., Suffolk County Clerk;, Rose Privett, Jerry Polarmo 'Dick- Curtis, Suffolk Times, Ed Wood, L.I. Traveler, . Doug Love,. Traveler, Pat ..Milton, Assoc. .Press District Attorney' s .Office . -- Don Burns . Jean-Tuthi.11,.: Suffolk County Treasurer, Gene Lester, Deputy (Suffolk County Sheriff, Comptroller, Police Commissioner, County Attorney were invited -but could not make 'it.) George Meyer, Suffolk County Civil. Service DepaIrtment Everett McNabb, Board of•' Elections ' Barney Evans, Suffolk .County Dept. of Public Works Dr. -Harris, Suffolk.-County -Department of Health. & Robert Villa . Dick White, Suffolk County Parks De.puty .Commissione.r John Lademann, Consumer .Affairs, . Suffolk _County._ Tom Ryan, Real. Property Tax Offi.ce,, Suffo.lk.'..County.... - . Ronald Edeen, Commissioner, Suff. ._.(:o.. :_Probation,:Dept. _ Carl Cataldo, Southold Town Police Chief Robert Walden, Greenport .Village Police .Chief, .,. William Januick, So. -Tn•. Bay. Constable Suffolk County social - Services . Dept. representative. (Denis -Hurley, County-Legislator, Commissioner of Jurors, Suff. Co. and Frank Coveney, Board of Elections, Suff. Co. were invited but unable to attend.) On motion of Justice Doyen, seconded by Justice Suter, it was ,RESOLVED : that: the Commissioners of the -Fishers Is-land Ferry District AUG B 1918E S1 AUG be and hereby are granted permission to purchase from the lowest responsible bidder, Nachman, Eagle, a refrigeratedEconoline truck #150, to' transport milk and .perishables fron :New London to Fishers Island in accordance with the recommendations of the Suffolk County Board .of Health for the sum.of . $9, 000.00'. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, -Justice Doyen, Justice Suter, Supervisor Martocchia. This resolution was declared adopted. On motion ot.Justice Doyen, seconded .by Councilman Homan, it was RESOLVED that _�4.000.00 be and hereby is . transferred from Operation of the ,Ferry to Repairs of the Ferry, Fishers Island Ferry District, and $1, 525.Q0 be and hereby is transferred from Operation of' the Ferry to Repairs, .,Do --__ � . Vote of the Town Board: Ayes Councilman Pell, Councilman Drum, Councilman Homan, _Justice Doyen, , Jus tice' Suter, Supervisor Martocchia. This .,r.esolution was..declared -adopted. , . On motion of Supervisor Martocchia, seconded by Justice Doyen, itwas RESOLVED that Orient, New York be and he hereby is appointed, a .member of the Southold Town Board _of' Appeals to fill -� _ the position vacated�by 'Robert Bergen._ effective August 6, '978 through April 19, 1981. Vote of the Town Board: Ayes: ' Councilman Pell, ' Councilman Drum, Councilman Homan,, Justice Doyen, Justice Suter, Supervisor_ Martocchia. This resolution was declared adopted. On motion of Councilman Homan, seconded by Justice Doyen, it .was RESOLVED. that the�F' shers island_Fre� t be' and hereby are granted permission to block off a section of Equestrian. Avenue in front of the fire house for the purpose o -f ,holding a Beerfest on Saturday, August 12, 1978 from the hours' of . 5 -P..M. to approximately 2 A.M. on August 13, 1978, provided the necessary insurance is obtained to hold the Town of Southold harmless . Vote of the 'Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchiaa This resolution was declared -adopted. , Supervisor Martocchia stated that the Town Board did dommi.t' them- selves to Building another tennis court on Fishers Island. Bids for the construction- of this court ..was advertised, but there were no bidders. However, arrangements have been made for, its construction and it is under way now. There has been a problem with.- some of the roads on the_Island, arid' Mr. Dean made arrangements with the Plum Island ferry 'termin.al that they could land there, bu t a problem developed. with the vessel on the Fishers Island side. . The work has -been rescheduled for after Labor Day. Mr. Pendleton requested that some of .the ' sidewalks be reviewed. A partial plan was submitted to him and that will be reviewed with Mr. Dean, Mr. Pendleton and..members of the Town Board„ road committee. There was mention of assessment r� oblems in Mr. Pendleton' s. letter to the Board. . Assessment is a problem all over the country; if the people. wish to .discuss it today, a . small amount' of time will be given to the subject. (Supervisor-Martocchia briefly discussed new legis- lation relative to assessment.) Another, �olice car has been delivered- to tYie -Island, and arrived within the last few days . The new_ferry boat is in operation. There. is- only.__one. concern Supervisor Martocchia had, and he did make it a recommendation to the Ferry District Commissioners - quite a few of the Island people 8.2 AUG- AU: 1� wanted one of. the ferryboats to stay on the Fishers Island side rather than :both_on, the New London-side'. To consider this ;"the Commissioners :had,to develop a cost factor, "how .much more, it would cost the people of the Island for` the, boat to stay on`the'Fishers - � ` Island side. It is probable that when that study is completed, there will be an. increase in cost, 'and it will be up to the people of the ,Island to determine whether..they want to spend the extra money. � _. . _ . .. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED ,that• the following audited bills `be ' pa;id,.as follows: - General Fund_Whole. Town bills in the amount of $18;354.10; General Fund�-Part Town ,bills i:n' the amount of $8; 969.23;; Highway, Department bills. in the amount of $45, 573.45; Fishers Island' Ferry District bills- in the amount of , $53, 709:87; 'and' Federal' 'ltevenue Sharing Fund bills in the amount of $2, 800.00. Vote of the Town Board: Ayes: Councilman Pell,, Councilman Drum, . Councilman Homan, Justice Doyen, Justice Suter; Supervisor Martocchia. This resolution was-.declared adopted. ROBERT WALL: - _With reference to - the 'original meeting` relative to keeping one ferry on the Fishers island side, there :'were' a couple of 'hundred `people_in attendance; acid -it was quite clear theopinion was to keep. one ferry .on the Fishers Island side:. RAYMOND DOYEN: For`-the`present, the"Commissioners have :a cost estimate to do the study inthe amount- of ` $20; 000 to $251000. At' this time, with .the cost .of building a new ferr : and dock work that had to be-.done;-., the Board, of Commissioners didn' t feel at this moment-they were ready to spend, that amount of- money. until the other projects., had been completed. It is still within their thinking to do this as. soon as it is financially_,pract cal t:o:.have this inf. mation before the community- to make. a � de'cision from the evaluation ` as to whether running part„of- the serv%ice from_F'ishers Island and part from :New London at` the cost involved_ would be- within their wishes. Supervisor. Martocchia thanked Commissioner Doyen for making their 1979 budget- available, as_ .soon. as this, and it is a hold-the-line budget. -_ GORDON- AHMAN: What- makes the. cost so 'muc" is higher to keep the- boat over here? $251' 000-=-= RAYMOND DO EN.: I did not say it would cost $25, 000. to keep the boat over .here, it would cost that to do the study. LUCY A_HMAN_: I would_ like to know why .the local people who will be using' the boat, could not take five or six people aria make- their- own study. Why do we have to pay $25, 000 for a service, when we could make the study ourselves. We are the ones who know what we want, ' no outsider could- know-what we `-want, _ or- their problems.- -. ,. . . .. SUPERVISOR MARTOCCHIA' stated that the-`people of the"Island Have elected certain people to run the Ferry District and the Town Board listens_ to wfiat- the- y say. ._If' they are` not" satisfied-there is' a certain day to-remedy- the situation:- -However, hi- 'believes-they have the best interests of the_-Island ' at heart, trying 'to keep costs to a minimum. LUCY, AHMAN: Could she .ask Ray Doyen now why .they must hire an out- - Eider or do I have to go 'to a Ferry Commissioner ' s meeting? Supervisor Martocchia stated he felt it would be a good place at the Ferry Commissioner 's meeting. - AUG" 83 :RAYMOND..DOYE N: There will be .a. meeting on .Friday, , August 18th at .7: 00.. P..M..., at" the_ school, . a,.budget_ hearing,. which, legally.,is a meeting solely, for approving the budget as submitted by ,the Board of."Commissioners,: After,-that-meeting is adjourned, . we usually, hold an .informal, meeting for a short .time..-to answer, .ques.tions that -may come up..:from the community. MARIO- ZANGHETTI: If it costs . $25, 000. .to-make a ,survey, the next time it. is.bid, why isn.' t it bid_both.,ways, . one, based on Fishers Island, two, based on New London and you will have the answer right there, and .you won:' t have to spend., $25, 000.. Mr. _-Raymond Doyen stated he is only the Chairman of-.the ,Board and there are four other commissioners and feels .they, should. be together to answer questions that are brought before the . Board. AL PAGNATTA: . Where to,we go? Are we subject,, at, the Commissioners meeting of the Fishers Island Ferry District, are we subject to a decision . that is,.made by. the .commissioners, or do the people of the Island, either ,summer residents or permanent . residents have any voice in .what the .Commissioners say,., aside from voting for or against- at each election. TOWN"ATTORNEY TASKER: - : Basically, speaking, the Commissioners under the Act, like any other , improvement district; -are the governing body. The voters have only the .option ,of electing, their commissioners. . In the Fishers. Island Ferry District the only other matters in which you directly. participate is in their hearing which . they -will hold this .coming. week, ,"to - pass on. the next years. budget. To- take it-_:another:. step fur.ther;.:under-,the":Act creating the district most of the important_ action: taken,!by.;the Commissionersmust._.be:=approved by.,the ,Town;:Board- so;,therefore, .there-:is a sort. of. over•-riding ,and supervson.by: the..Town Board.:: -•So, :.from a theoretical standpoint;.•• if. the Commissioners.:-took. an. �act which required -Town-.Board approval and the people- of,.Fishers-.,Island ,violently petitioned. the ,Town"Board not to- approve. of-.that action, it probably would be Jistened to. But taking,,"; from the -.first: ste. p,,.I•.:think,..the Commissioners:_would listen..to the.I.wishes : of the .people.:of Fishers•:Island. - I think;.the question of..whether or not you should ,spend .money for a survey for basing a .boat on Fishers •Island- is. a money-item which is. a proper subject of their hearing coming up,:.as. it: will ultimately affect the budget and . that is what you are having a hearing on, . so, therefore, it. would 'be,. I..think.,. . a - proper subject to be ;discussed.:at that , hearing. Supervisor Martocchia .stated that- the budget he,,has is -not - an adopted budget, it is- something the- Commissioners put together for .the,,Board to. look at and -the ;.people of Fishers•,Island .will .have their :oppor.tunity,.,to look: at it on that: certaindate•.of.:the hearing and the items that you wish •to =challange.. or question, •:should-.be done at that,. time. . LUCY.AHMANe ,. A while: ago, you ::peeople. passed• a .vote, :which,..did.,not, include: any .of us, : you passed..a vote ,to;_buy- some :refrigerated pro-. :- duct :for; the,-.ferry boat: you.•.people. did that: What. I. would like to know is.-,why--the : taxpayers;buy.:.that, •.why-• do.:not the store owners who are transporting the milk, why. .do• they not:-have their•.own means of .refrigeration, -why. do,-,we-have to buy-:it. : -.Is�this_thing going : to be_something.- that-,I; : if I go to.- New-:.London and.;buyr:five•. quarts• of milk, can I use that particular item that we are paying„f er.. to: put: . my five quarts of milk to bring over here or islonly for the stores? I dbrirt "iiriderstand it' 'and `T don' t understand"i by-you voted on instead of the Commissioners. TOWN ATTORNEY TASKER: The Commissioners acted first.. This ,is .;one L84 AUG : AUG. 9 197 of those actions that I" just talked about that :requires us to -approve of actions that they have previously taken. As -to the refrigerated van, that- tley are a ' public carrier and they must provide safe and wholesome means of -transporting perishable goods. I- was surprised, and could not understand how they 'got away with ..it.-as- long as.-they. had. I presume that the rates for the transporting of that type of freight would reflect the additional costs of tansporting it, so that the store--owner, -or ,whoever is shipping it would be paying for 'the freight cost ,of transporting those items to the 'I'sland. LUCY AHMAN: What I am asking you, is this going' to-'be available- . to everyone, or only stores? There are people who buy groceries, they have perishables; they'must leave them on i:he dock, they,'are_, sitting.-on 'the ferry boat.- TOWN ATTORNEY TASKER: I would say that ultimately it is for the benefit of the people of Fishers 'Is*land ' to have wholesome food: RAYMOND DOYEN': To start in the beginning, the Suffolk County-. Board of Health'has been pressuring `the Ferry: District: 'to - provide-a - refrict- erated facility to store =milk and perishables. Ice has been used - for a number of years and is on its way out: -I would say that .-hope- fully anyone who pays freight to have perishables sent over to Fishers Island, also that truck--will, be used- too— -How well :that is going to' work out I can't say until we start to use it: 'Basically, it occurs from meeting the requirement-of the Suffolk County Board of Health. .They have been most patient for'-over at' least three or four -years n- discussions- on doing this. 'We had at first we would be-'able toy Piave-refrigeration built(- into -the- new- vessel and we as much as told them this- and they were patient, and accept it. But as plans developed for the vessel it .'didn' t seem .practical to have ice boxes on the boat. ` As an ' examp-le; if all the cars were loaded and then a truck''with perishables came down, how would you get the perishables to the bow' of the boat. - And= secondly, --having two boats in service, -'there is also the- question of :which boat might run at any one given- time on the schedule and,wit_h -refrigeration on one vessel and no refrigeration on ' th e smaller vessel the problems wouldn ' t be solved. So we suggested to• the Suffolk County Board-. of Health' that perhaps he' wouid allow a refrigerated vehicle that could' be' used on either vessel; and . they, did allow; this as an accept- able means of� trans porting: perishables. LUCY AHMAN: If I came down with a load of- perishables, would :,I have the right to put them in the refrigerated van? RAYMOND DOYEN: If you pay: your freight. DR. HARRIS: - I would like to clarify. -this. - As f-ar 'as the -Department of Health Services is- concerned, we are only interested- in- seeing - that perishable food arrives - in a condition that it will not be unhealthful to the consumei. . . How the cost of providing adequate refrigeration is spread, who subsidizes and so forth, is not our concern. : Now, as ,a common carrier,_ I' must assume- that- the' fac ,l'ities on- the common carrier are open- to all the people 'on a reasonable basis of cost, and so forth; but I ' do not believe they can discrimin- ate in any way-.. Quite frankly, although an individual buying food to be consumed at---home- would not be 'in ,the 'retail or wholesale'. business; I:-as the Health-Commissioner- and physician would be -more comfortable knowing that in transit the milk consumed over here was refrigerated. MARSHALL DODGE: Is the meeting of the .Ferry District Commissioners on August 18th at 7: 00 P.M. open to the public or is it a closed meeting? ' Supery isor Martocchia 'stated it is a public meeting, open to the AUG'..` 19 S5 AUG' public. JOHN GADA: Are summer residents also able to vote in that meeting? C.. TOWN ATTORNEY TASKER: - Your question was whether or not a summer resident can vote ,at a Ferry ,District. Meeting, a meeting of ' the. Commissioners, or a budget meeting?---This is really a budget hearing you have a right to be heard, you don' t vote, it is just a public hearing for the public to express their views concerning _ theproposed budget. The only time that the residents vote is at the .annual election .for .the election -of the commissioners and persons quali..fied} are. residents. and -proper ty owners, non-resident property owners -a.s well as `residents are qualified to vote .on theannual elec- tions of the commissioners. JOHN, GADA: In other words., they are not .obligated to take up this matter of .the. location of the ferry boat at .this meeting? TOWN ATTORNEY TASKER: I would view it this way Jack, if the subject that you wish to bring up is related to the budget, it would seem to me it .would be a pertinent question .to be. heard at ,the budget hearing, it would in fact relate, to the budget, .because you are talking about -the qu.est.ion .of spending a considerable amount of money for a survey or not. If you ,are going to spend that money it would have to be in the budget. So, therefore, it would seem to .me it would be an appropriate topic for the .budget hearing. , Mr. Gada .-said he could not see .the. advantage of having the- boat laying at Fishers Island .at night, he feels it would cost a con- siderable amount of money for the crew to be available.---Super- visor Martocchia said that is Mr Gada ' s view and other people have a different view of the matter: RICHARD AHMAN: This is the only tax district that I know .of in this area that the taxpayers cannot vote on the approval .of. the budget. TOWN ATTORNEY TASKER: The only. district .that you: do vote..is in a school district. You don' t vote on the Town budget, you can' t vote. on ,the County budget,., you don' t, vote, on. .the State budget ,or the Federal budget. The only place that a voter has to vote on a budget is the school district. RICHARD. AHMAN: .. The :Garbage District,. , moire' District?. .., TOWN ATTORNEY TASKER: No, you just vote to elect your commissioners. In the -fire district, as. I understand it, you can -raise a- certain number of. mills on, your .tax rate without the ,.vote, of. the,;people, if you exceed that rate you require a vote .of ,the, taxpay_p.- in the fire district. JOANNE WALL: , Would you state again who is qualified to vote for , the commissioners— TOWN TOWN ATTORNEY TASKER: For the Fer. y,.District..Commissioners, it would be residents of Fishers Island which is the geographic boundaries of the -Ferry District; that -is. :one ,category..:, ,The_ other . category is a person who -owns real pro.perty.. shown;ol. the present . tax rolls within the ferry district. . Now, as to the second category, they don' t necessarily have to be a resident, all you have to do to qualify in the second category is own .real property which is located in ,the district on -the .tax roll. -To ,put it another way, you -can be a resident of the district and not own property, you can be. a rentor. Many people rent apartments and a resident within a certain community. This residence requirement is thirty .days. . SALLY FERGUSON: If the coming meeting is for questions related to s pub 9. 1978 the budget of the Ferry District, what opportunity do the Island residents have for questions about their district' not related ,to the budget? RAYMOND DOYEN: After the budget meeting is adjourned then there will -be an informal meeting to listen to any-discussion that imigYit come up before the- "Board: of Commissioners. w RICHARD AHMAN: Do you have an, annual monthly meeting in a, public, place?. . RAYMOND DOYEN: We meet at the- Ferry District office, unless-there is a meeting where -there would be a lot of people gathering, ' "then it would be here at -the school., We- usually- meet on Friday before the Town Board meeting which is held on the first or' second Tuesday of the month. When we become aware of when the audit for the Town will be we -must. meet -to approve the bills -for •the- month,-- and that more or less determines when our meeting will- be:'.' Therefore" it is not an exact scheduled meeting each month on an exact day. The public is invited- to- attend- these meetings: AL PAGNATTA: -Presumably the agenda for the budget meeting wily read 'as _follows-, -"the, Commissioners will meet `in an open meeting with --the public being more or less mute, - at least without •the power to vote, and will approve or disapprove the- budget. After that,: meeting is. adjourned there will be an informal meeting- at' which -the public can participate. "- Correct or not?' RAYMOND DOYEN: I think maybe you should say that •as the budget is- , read your comments will be .-heard and reported. It will not be necessarily that you- will be' voting for -or against, your- , comments on that line item in the -budget will be recorded in the''minute's. That will be part of the record. At the close of the meeting the Board of Commissioners then vote to approve the budget. Naturally it is their 'bldget, so they will approve it. Then the budget is sent to the Supervisor. SALLY FERGUSON:' what-' is the date of the election? RAYMOND DOYEN: The same day from 2 P.M. to -6 `P.M. at the firehouse. JOHN PENDLETON: I have two questions. What i:s• the procedure now on how they go about making assessments on property on the Island and the other question is, do- you know what the disposition- of the Coast Guard property at this time? SUPERVISOR MARTOCCHIA: We were aware- of it and we did -apply for Southold Town •but they -put. -some conditions in there. They, put ,in there that we were eliminated: TOWN ATTORNEY TASKER: I think that several months ago we got notice of this property being- available and I think that also the' -Fishers Island School District was interested and we withdrew our interest in their. favor. I haven' t heard anything since .as to whether the school -district did' actually acquire- it or not. MR. . HAAS: There-are two packages of- property. One is the Coast Guard building itself down at ' the' ferry dock. The other area.--we 'have not heard about what happened. JOHN GADA: I talked to' GSA a week ago last 'Monday and they told me that the houses on the hill is no ' longer under their jurisdiction. "HEW, had given them to the •schoo•1 on -Fishers- Island. MR. HAAS: The school made application for the houses back i•n October AUG '! 8 1970�: S AU G 9� 197D of ladt-yeat�-and the schodl board has 'yet -to receive a*ny''w-o...r.d ''from GSA or anybrib "that''th6 '.hou.se.s_ have been ._giVdn to `the.'school. `-`The only word that we get, the school board, is that we are going to get them',,!_;but- 'the'rEi_. are ,problems tied ',up'�'.'in "litiSra'tiron:'over'""!..'i'ne-:!'b.a'rtiers and at, -this: point.1th6,:1-'s'Abdl has not.- received '-any official word that these-hbuse'6' have been received: We "ard"Woftd6king "ourselves. JOHN PENDLETON: On the first question '--abouit" asse's.-sment program, how do they go about assessing on the Island? HENRY 'MOI-SA:' ' As's6ssmdht :ij b'as'ed -up6h­25% of construction cost for the period o�­years- '1960 -to 1965. .; 'I;and :is ass.essed -on that same of' time'. MR. PENDLETON: Do you have a program where you take a. different block of house.s. each year to assess them or do you just do it with building per mits? HENRY MOISA: We -do­15o.th-, if we have time we do certain areas each year, but are limited 'on hbw"'I' much time we can spend on that because of the building permits and other work we have to do in the office. MR. , PENDLETON: You have no set program on getting all the houses on the Island within a certain period of time? HENRY MOISA: Mostly it is building permits, but we do, try to take a review area where there has been the least amount of work done over a period of time. TOM RYAN-: Suffolk County Real Property Department: As you know as a result of the Helestein Case in the Town of Islip all property in New York State must be assessed according to its full value. That has been interpreted to mean 100% of market value. However, there is legislation that has been passed and some of it is a matter of political expediency. They finally postponed the implementation of the Helestein decision until 1981. To make categorical state- ments as to where we are going is impossible at this time. It will evolve, but in my opinion from what is going on in other (Z-oun- ties throughout the State we eventually will all be at 100% market value and I feel while they are making drastic changes it the equitable position. SUPERVISOR MARTOCCHIA: The problem with trying to equalize every- thing is very difficult. Assessment is not an exact science. As an example, you could call this a building and I could ask five appraisers to give me an appraisal on this piece of property in a sealed envelope and I will get five different figures and it is still the same house, and I don' t know what the 100% is going to do. . , JOHN GADA: I would like to thank the Town Board and County officers and the Ferry District Commissioners for the sluceway out here, it is a great improvement and safety factor and greatly needed. Supervisor Martocchia thanked all for coming to the meeting today and said they would be available for the remainder of the afternoon to answer questions and would like to hear from more of them. .-. JOHN GADA: We got this end of the Sound fixed up very nice now, but the rest of the Sound where we fought all these years to get channel . markers, the markers are still not in there and it is not good navigating at night without the markers. SUPERVISOR MARTOCCHIA: Have you discussed this with the Bay Constable? 88 AUG AUG 9 108 JUSTICE :FRANCIS DOYEN-. ,.. Mr. Gada, I will- be glad to explain that to you _after the meeting, what is,, being done -about about the markers'.. _, JOHN PENDLETON:• On behalf •of , the Civic Association, I would like. to thank all. -of you , for :coming out. today .a'nd. hope:-the people..had most of their. questions . answered.. • At the _concl•usion of the meeting, we have some refreshments here for those who wish to stay and talk individually to various members.. On motion of Justice Suter, seconded by Councilman Pell, it was RESOLVED that .ther.e .being no further business to come .before: this . Town Board meeting, adjournment be-called. at 2:00 ..P.M.. Vote of the Town Board: Ayes: Councilman Pell,, -Councilman. ;Drum,_,, ;' . Councilman Homan, Justice Suter, Justice Doyen, Supervisor Martocchia. This - resolution- was -declared adopted. �ith ... .Terry - Town -Clerk - ;