HomeMy WebLinkAboutTB-11/21/1978 166 .
NOV 2-1018
SOUTHOLD TOWN BOARD
November 21, 1978
Morning Session
Tom Ryan, Mr. Ed Norwig of the Real Property Tax Agency, Suffolk
_Count�,' and-Mr. Melville Kelsey, Chairman of the out o own Boar
of Assessors and Mr. Henry Moisa, Southold Town Assessor spoke to the
Board relative to 100% Assessment. ' They feel some determination
should be made by the Town', 33oard as to what course of action should
be taken in this matter. ' Islip had gone to an outside contractor,
with a monitor to supervise and check the work of the primer contractor
who collected data. The cost to Islip was about $24. 00 per parcel.
This cost depends on the information available in the individual
assessor' s office. Southold Town. has approximately 17 , 000 parcels ,
including the Village of Greenport. Mr. Ryan suggested that the
Town could start by collecting data up front to be analyzed by a
monitor. The State Aid per parcel is $10. 00, and the overall average
cost is estimated at $35 . 00 per parcel. Supervisor Martocchia asked
Mr. Ryan if there is any. other area where there might be money available
for this project and Mr. Ryan said he doubted it, the County of Suffolk
researched for a grant and there was none available. Mr. Ryan suggested
the hiring of CETA people for filling out property record cards and
measuring buildings and compiling data. ---Councilman Pell asked Mr.
Kelsey to submit a detailed recommendation of the Board of Assessors
in the matter of 100% assessment in their next monthly report.
A regular meeting of the Southold Town Board was held on Tuesday,
November 21, 1978 at the Southold Town Hall, Main Road, Southold,
New, York.. Supervisor Martocchia opened the meeting at 3 : 00 P.M.
with the following present:
Supervisor Albert M. Martocchia
Justice Martin Suter
Councilman James Homan
Councilman Henry W. Drum
Councilman William R. Pell III
Town Attorney Robert W. Tasker
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-minutes of the Southold Town Board meetings of
November 8 . 1978 and November 20 , 1978 be and the same hereby are
approved as submitted.
Vote of the Town Board: Ayes : Councilman Pell , Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly. adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3 : 00 P.M. , Tuesday, December 5 . 1978 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes:: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by-.:Councilman Homan, it was
RESOLVED that the October 1978 'reports of Justice Rich and the Dog
Warden be and the same hereby are ordered placed on file.
Vote of the Town Board: Ayes : Councilman Pell, . Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia.. -Absent :
Justice Francis Doyen.
This resolution was declared duly adopted.
1
NOV 2 1,97.8
Supervisor Martocchia:
1. Letter from Suffolk County Legislature asking for the -
recommendation fo an ind a1, froni .So.Southold Town, for appointment
to the Suffolk Count Solar Erier ' Commission. The Town Board
adopted a resolution on Octo er 3, 1978recommending the name of
Jean Tiedke for the position.
2. Letter from the Long Island Rail Road stating they will
be happy to grant easements for crossings above or below grade as
may be necessary to provide access to property if it is otherwise
inaccessible, but they will not accept the increased libaility of
- a public corssing, or the cost of its maintenance and protection.
They ask that our planning and zoning organizations determine that
there is pro_per�public access to any property proposed for development
before granting approval of such development.
3. Receipt of October 1978 permits granted by the Department
of the- Army, Corps of Engineers . There were two in Southold Town,
one in Greenport Harbor and the other in Orient Harbor.
4. Receipt of a notice from the Department of the Army, Corps
of Engineers upon application of Henry P. SMith for permission to.
build a timber pier 10.0 ft. by 4 ft. with an attached 40 ft. by 10 ft.
float in Town Creek, Southold.. Comments by December '9 , 1978.
5 .. Letter from William W. Schriever, Orient relative to an
agreement that has been worked out between Mr. Schriever and the
Town of Southold for the exchange of property of Tabor.- Road - for
drainage. The Board must have further 'discussions with Mr. Schriever
relative to the agreement.
.6 . Letter from the Department of the Army, Corps of Engineers
relative to request for _dredging in 'the entrance channel of Mattituck
Harbor. - They agree there is a need for dredging the entrances anne '
however, there are no funds avai. lable .during the current fiscal year
to do this work. The work will be accomplished when funds become
available. In:.:the meantime, they have forwarded the 'latest sounding
survey to the,Coast Guard for their. consideration as regards- the
positioning of buoys to mark the best water. ---The Town Board is
going to pursue this matter in other directions .
On motion of Justice Suter, seconded by Councilman- Drum,
WHEREAS, the riswold-Terry_,Glover Post 'No . 803,- Amercian Legion,
Southold, 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 Griswold-Terry-Glover Post No. 803 , , American
Legion, uouthold, 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 Justice Suter,
WHEREAS, The risWold-Terry-Glover Po t' No, 803, American Legion
uxiliarv, Southold, 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 Griswold-Terry-Glvoer Post No. 803, American
Legion Auxiliary, Southold, New York.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,,
Councilman Homan,- Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen:..
This resolution was declared duly adopted.
Supervisor Martocchia:
7. Request for a streetlight by Mr. E. Carll Buhler, Eastwood
Drive, Cutchogue. This request has been referred to t e Street Light
Committee.
1 6
On motion of Councilman Drum, seconded by .Justice Suter, .it was
RESOLVED that Gloria Hornwood be and she hereby is granted permission
to transfer two savings accounts now being held as a road bond for
" oundview At Orient: from the following banks to the Southold Savings
Bank, Southold, New York:
Account No. 052-134449 - Republic National Bank
Account No. 03-202211 - Island Federal Savings and Loan
And be it further RESOLVED that th& Town Clerk be and she hereby
is directed to prepare the necessary letters to the banks in question
to affect the transfer.
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 Town of Southold-P-urchase zremises hereinafter
described and located on the east side ,o Indian Neck Lane containing
33 , 250 square feet of land from. John Pontino. , JosephPontino and
Richard A. Kull for the sum of $7, 000.. said real property �'being
descri a as ollows :
ALL that certain parcel or plot of land situate, lying and being at
Peconic in the Town of Southold, County of Suffolk, State of New York
more particularly bounded and described as follows : BEGINNING :::at a
on the east line of Indian Neck Lane where said line is intersected
by the boundary line between land of John Pontino and Joseph Pontino
and Land of Richard A. Kull; from said point of beginning running
thence along said east line of Indian Neck Lane, North ll 42 ' 50 " West,
25 . 0 feet; thence through said land of Pontino three courses : (1) South
84* 29 ' East, 175. 0 feet; (2) North 81%� 51' 50" East, 282 . 57 feet; (3)
South 08* 22 ' 30" East 49 . 52 feet to the northeast corner of said land
of Richard R. Kull; thence along the boundary line between said land of
Richard A. Kull and Mary Kull, South 08", 22 ' 30" East 25 . 32 feet ; thence
through lands of Richard A. Kull two courses : (1) South 81%151' West,
278 . 21 feet; (2) North 84%129 ' West, 175 . 0 feet to said east line of
Indian Neck Lane; thence along said east line of Indian Neck Lane,
North 11*42 ' 50" West, 50. 0 feet to the point or place of beginning.
Containing 33 , 250 square feet.
AND BE IT FURTHER RESOLVED, that said purchase be in accordance with
a contract to be approved by the Town Attorney, and that the Supervisor
be and he hereby is authorized and directed to execute any and all
documents for the purchase of said land.
Supervisor Martocchia stated that before he calls for the :-:vote,
he believes someone inthe audience wishes to discuss this matter.
_Mr. Theocore James Jr. , Indian Neck Lane, Peconic stated there are
four of them from the neighborhoo w o ave a few questions about
the resolution. He asked if there have been any studies made of
the environmental impact this might have?---Councilman Homan stated
that the next resolution is entitled "determination-: .of environmental
significance" . ---Mr. James said the flooding problem there must be
solved. Across the street a pond was filled in and—'he thinks that
was a mistake and their concern is that they wouldn' t want another
mistake and would like to have some idea of the study and the impact
this might have environmentally on the creek. ---.Councilman Homan
stated that being familiar with the area he would much prefer to see
a holding action of the silty water take place so the water could
drain naturally into the ground, rather than seeing it go into the
creek, and does not see how, from an environmental standpoint, do
anything but improve the situation that exists there. ---Miss Jody
Adams , Peconic, asked what a sump is . ---Highway Superintendent Dean
said what they would probably do there is put a holding action, a
dam, and Mr. Tasker has looked up the flood plan, and the .flood plan
map does not run up to that road. If the water gets out that far, what
they can do it dam the east end to hold the water in that area. ---
Mr. Dean explained the proposal in relation to a map in the possession
of Mr. James . Mr.. Dean stated .the- land is not wetlands . ---Considerable
discussion followed between Mr. Dean and Mr. James and Miss Adams
relative to the feasibility of purchasing the Pontino-mull property.
Miss Adams asked what the source of .funding is being used for the
purchase of the property?-7- Supervisor Martocchia stated that money
was set aside in revenue sharing funds for drainage and that is where
it is coming from. Miss Adams said she would like to see the resolution
held over until there has been a greater study of the environmental
impact and there should be more open hearings . ---Supervisor Martocchia
said the situation is not new to the Town Board, it is an ongoing
situation over a number of years . The Highway Department is in charge
of drainage and Mr. Dean has spent considerable amount of time, had
surveys from .Van Tuyl, has been.-.:there. .in person during the time of
flooding. The Supervisor has also been there at the time of flooding.
The recommendation has come in-from the Highway Superintendent that
this is the method of solving this problem. ---Miss Adams asked that
her letter of November 19, 1978 relative to Item 9 on the agenda
resolution re: Pontino-Kull property be entered into the minutes
in full. ---This is not done. Miss Adams letter is hereby duly
noted and is on file in the Southold Town Clerk' s Office.
Supervisor Martocchia called for a vote on the -, motion of Councilman
Homan, seconded by Councilman Drum for the purchase of the Pontino-
Kull property.
Vote of the Town Board: Abstain: Councilman Pell . Ayes : 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,
WHEREAS, the Town of Southold proposes to purchase a parcel of vacant
land on the east side of Indian Neck Lane near its intersection with
Leslie' s Road comprising an area of 33. 520 square feet from John and
Joseph Pontino and Richard A. Kull to be used by the. Town of Southold
for highway surface water drainage, and
WHEREAS, the Environmental Quality Review Law of the Town of Southodl
as contained in Chapter 44 of the Code of the Town of Southold and
Article 8 of the Environmental Conservation Law and the rules promulgated
thereunder require that when a .town agency proposes to take an action
which may have a significant affect on .'the environment that such agency
make a determination as to the environmental significance of such action.
NOW, THEREFORE, IT IS HEREBY DETERMINED AS FOLLOWS :
That the acquisition by the Town of Southold of the land hereinbefore
described and the use of said land for highway drainage purposes will
not have .a significant affect on the environment, ;. ,
IT IS RESOLVED that the Town Clerk be and she hereby is directed to
circulate this determination in the manner required by the applicable
laws and rules and regulations .
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.
Supervisor Martocchia:
8. Letter from the American Lung Association of Nassau-
Suffolk, Inc. asking permission to fly the Christmas Seal banner
on the To Hall during December: ---It is the policy of the Town
Board ,to fly only the American Flag.
9 . Superviior Martocchia asked that a letter from Jody
Adams dated November 19, 1978 relative to the Pontino-Kull property
be noted in the minutes .
10. There has been a request from the Suffolk County' District
Attorney' s Office for office space- in the Southold Town Hall for
the establishment of a mini-district attorney' s office. There is
space available in the basement of the addition.
On motion of Justice Suter, .seconded by Councilman Drum, it was
RESOLVED that ,space be provided in the_Sg thol,d Town Hal for use
by the Suffolk County District Attorney, -provided th:ey, are covered
by the proper insurnace to hold -the Town of Southold Harmless .
Miss Jody Adams asked if there is enough space for a full time
Town Attorney. ---Supervisor Martocchia stated the Town has an77
attorney and that is Mr. Tasker.
Supervisor Martocchia called:-for a vote on the resolution offiered
by Justice Suter and seconded by Councilman Drum, providing for space
for the district Attorney in the Town Hall .
Vote of the Town Board:. Ayes : Councilman pell, Councilman Drum,
Councilman, Homan, Justice Suter, Vupervsior Martocchia. Absent :
Justice Doyen.
This resolution was declared duly adopted.
Supervisor Martocchia:
11. Receipt' of a letter from Suffolk" County Youth Bureau
relative to a proposed meeting on Comprehensive Plan for—Te youth. --
Supervisor Martocchia Will attend.
12. Receipt of a letter from Jody Adams requesting that the
170
Town install a durable mail drop box at the Town Hall. --This matter
is being considered.
13 . Receipt of a letter from the Department of Audit and_
Control, State of New York transmitting a 'revised accounting_
treatment for reserve funds presented in journal entry form.
etter from WBLI, Patchogue, advising the Town Board
of the permanent code number to be used to activate the Closing
Notification System during any emerg�ency that may occur .
15 . Letter from George C. Stankevich, Shelter Island Town
Attorney asking if the Town of Southold would be willing to appear
as a witness at a hearing and/or intervene as a public employer,
partZ at a hearing of the New York State Public Employment Relations -
Board lative to t e ,proposal of Shelter Island Town to open all
negotiations--with the PBA to the public and press . --The Board has
indicated that Supervisor Martocchia should sit in on this hearing.
16 . Letter from Pioneer Productions , Riverhead stating they
will begin block prggramming designed for the east end viewer, and
offering the opportunity to the Supervisor to address his constituents
once a month in a feature called—"Supervisor' s Monthly 'Report" , at
a cost of $50 . 00 per month. ---The Town Board does not feel they
should participate in this program.
17 . Request for a dredging project in ::the Cedar Beach area,
inlet to West Lake. This has been sent in once and turned down,
but it will be resubmitted.
18 . Receipt of a letter from the Suffolk County Legislature
asking for a gummary of the Town Budget for 19_79 and a copy of
the Town' s complete, adopted budget. ---This has been , submitted.
19 . Letter from Town Attorney Tasker stating he has met
with Richard Lark, the attorney for the Southold Town Fire Districts
Officers Association with "respect, to" the enactment by the Town of
Southold of a fire prevention code. As a result ..of the meeting and
a subsequent meeting by Mr. Lark with the Association, it is agreed
that the Town should adopt the State Fire Prevention Code. ---All
members of the Board have not received copies of the Code, therefoer
they will be - supplied with copies and in a month the Board will take
a position on this request.
20 . Request for a guard rail in -the Cedar Beach area has been
referred. to Highway Superintendent .Dean for study and determination.
21. Letter from Edward W. Summers requesting a a�rbaaee container.
at the end of Inlet Drive. Mattituck. ---Th' is request has been refErred
to Highway Superintendent Dean for study and determination.
On- motion of Councilman Hoamn, seconded bye Justice Suter, it was
RESOLVED that authorization be and it is hereby given .to the
Fishers Island' Ferry District to transfer $16 , 775 . 59 . from Unexpended
Balance to: Operation Ferry - $.15, 000. 00 ; Insurance - $1, 300. 23 ;
and New Ferry - $475 . 36
Vote of the, Town Board: Ayes : Councilman ell , Councilman Drum,
Councilman Homan, Justice Suter, Supervis r. Martocchia. Absent :
Justice Doyen.
This resolution was declared duly adopted.
Supervisor Martocchia:
Items 24 and 25 on the agenda can be deleted, they were acted
on .at the last meeting.
22 . A ,notice of . claim against the Town of Southold has been
received from Paul W. Gabbert, Jr. _ This claim pertains to an accident
on August' 19 , 1978 between a Southold Town Police vehicle and a
motorcycle. ---This notice has been referred to the insurance company.
23 . Notice to the Town relative to an accident by'.:Ellen Cirillo
in the Village of'Greenport. --'-This notice has been referred .to the
insurance company.
24. Item 28 on the agenda refers to the property of William
Schriever and' the Town of Southold which was discussed earlier
iri the meeting under agenda Item 4.
25 . Supervisor Martocchia announced that there will be two
.public hearings this evening, .one, at 7 : 30 P.M. upon a wetland
application of Whitcom Investment ' Co22any," an at 7 : 45 P.M. upon
application of William W. Schriever for a change of zone.
_Mrs . Gladys Csaiko asked whether there is anything written in the
law that says the negotiations with the PBA must be secret. ---Town
Attorney Tasker. stated .there i-,s nothing in the Civil Service. Law
specifically saying. sll negotiations between labor and management
for a new contract should. be held. in secret. He thinks this is a
carry over from the private sector. Mr. Tasker explained the
situation over on Shelter Island.
Mr. David Driscoll asked why a _p,olitical sign .was still hanging
from a sign of the... North Fork Mote] on the North Road, Southold?
Why doesn' t the Police Department- remove the signs?---Highway
Superintendent Dean was asked to look into the matter of having
the signs removed.
Mr. Driscoll spoke about hooks that have been placed on RFD mail
boxes , utility poles and paper boxes . Advertisements are hung
on these hooks without invitation from the owner of the property.
This seems to be creating a littering problem. and inviting
vandalism and robbery when a resident is away from his home and
has stopped the mail and other deliveries , but these advertisements
accumulate on the, hooks . ---Justice Suter suggested that the first
step would be for the property owner to remove the hook. Second,
no one seems to know who puts the advertisements on the hooks , but
if someone did see the individual (s) and would come forward and
sign a complaint that this could be stopped. ---Town Attorney Tasker
stated this is.---a question that came up at the Association of Towns
two or three years ago in .the. attorney' s section and it is not a
clear cut question. It is .not unique to the Town of Southold, at that
time it was a problem in the rural upstate area. The question is evolving
into a First Amendment question. The circulators: of. the' advertise
ments is claiming that if a local law 'or ordinance is passed prohibiting
this to be done it would be infringing on their Firs-t' Amendmen:t rights
The question is a gray area at this time. If they- are being scattered
on lawns and private property, that would come into the area of
littering, and could be taken care of under our Littering Ordinance. —
Considerable discussion on this subject ensued between members of
the audience and the Town Board:.,.
Mrs . Carol Bauman, Indian Neck Lane, Peconic asked if it would be
possible to have the garbage cans replaced at th.e 'end of lndinn
Neck Lane at the boat ramp Fishermen use the `area and there �is,
a litter problem. ---Highway Superintendent Dean said h.e 'would take
care of the matter immediately.
Mr. Thomas Jurzenia, Greenport said he read in the newspaper where
five parcels. of wetlands in Southold Town were being con''sIdered for
acquisition by the County of, Sliffelk, and since 'he' owns- some wetlands-
he would like to know if- they are included. ---Supervi.s-or Martocchia
referred Mr. Jurzenia to the DEC at Stony Brook..
Mr. Jurzenia said that about three years ago th.e 'State indicated
they would place two or three Aig si on, the Expressway_directing people.
to the North Fork and nothing has been done.- -Supervisor Martocchia.
stated he made arrangements with. Alistin Emery two years ago.. The
signs were approved by the State. It was found that some 'of the.
signs are too expensive and what they were going to do is: tack' 'on
to the existing signs . He talked to Mr. Emery within a month. and
will pursue i.t further.
Mr. Jurzenia asked that some consideration be given to a si-gn. .at
the parking area beside his motel which would indicate " No' Parking
Between 10 PM and 7 AM. "
_Mr. Jurzenia spoke about Cabl,evision. He notices that the 'areas.
being considered for extension does not include. hi.s: area, the
Silvermere area. ---Supervisor Martocch.i.a stated that-all the 'areas-
mentioned are hypothetical, there i.s a price tag attached to each
one. Cablevi.si.on did ask. if there are. any other areas: the *Town
would like considered. ---Mr. Jurzenia said he would like 'to be.
considered, and will write 'a letter to that effect.-
Mr. Jurzenia requested additional street lighting in the' 'Silver
Sands Mote-1— Martocchi.a asked Mr. Jurzenia to
send his request and Councilman Homan and Pell will cons.i.der it.
Miss JodLy Adams, asked if Mr. Dean is. an engineer?--The answer was- no.
Miss Adams asked if there is enough. room in t e a,s:ement or somewhere
in the Town Hall to have an office for a full time 'towii attorney?--
The answer was yes.
Miss Adams asked if the Code of Ethics was mandated by state 'lawT7
The answer was yes-::.
Miss Adams asked why a Board of Ethics ha:s not been appointed?-
The answer was that the Board of Ethics. does not com,e 'into play,
until they have a case. Since the Code 'of Ethics was- adopted there
has never been a case, therefore no need for a Board.
172
Mr. Driscoll spoke about Pioneer Productions .
On Motion of Justice Suter, seconded byLCbuncilman Pel; lit was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 4: 45 P .M.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervsior Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
i��✓fir
dith T. Terr
Town Clerk