HomeMy WebLinkAboutTB-12/05/1978 DEC: 19 ' -, I.r3
SOUTHOLD TOWN BOARD
December 5 , 1978
Morning Session
10 : 30 A.M. the Board met with Richard Young, Vice President, TM
Communications , and Richard Tuthill , CATV Engineering Department
T epresentative relative to the proposed rate increase and other
items outlined in the TM Communications letter of November 30,
1978 to Supervisor Albert Martocchia. It is expected a date for
a public hearing will be set at the December. 26th Town Board meeting.
Mr. Joseph ZAremski of Chemical Bank, Southold met with the Town
Board to discuss collateral in escrow collateral ae,counts . ---A
resolution with respect to this matter was adopted by the Board at
regular meeting held on April 11, 1978 .
A regular meeting of the Southold Towh Board was held on Tuesday,
December 5 , 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 William R. Pell III
Councilman Henry W. Drum
Town Attorney Robert W. Tasker
Town Clerk Judith T. Terry
Absent: Justice Francis T. Doyen
On' motion of Justice Suter, seconded by Councilman Drum:; ; it was
RESOLVED that .the minutes of the Southold Town Board meeting held
November 21, 1978 be a d 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 Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3 : 00 P.M. , ' Tuesday, December 26 1978 at the Southold
Town Hall, Main Road, Southo d; ; 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 stated that this meeting will be recessed
after all business has been taken care of to allow the Board to
audit the bills .
On motion of Councilman Drum, seconded by Councilman Homan, it was
RESOLVED that the November 1978 reports of the Supervisor, Town Clerk,
Building. Department, Board of Assessors , and Justice Suter be accepted
and ordered placed on file.
Vote of the Town Board: ' Ayes : Councilman Pell, Councilman Drum,
Councilman, Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
s
174
Supervisor Martocchia:
1. Receipt of a letter from N work State Senator Kenneth P.
LaValle inquiring as to whether the Town Board wishes legislation
introduced in the 1979 session, which was introduced in the 1978
session and passed by .the Assembly but did not pass the Senate.
This legislation is__AN. ACT in relation to authorizing the governing
body of the Town of Southold to make certain permanent appointments _
s_for the position of police officer. (the governing body of such town
may require that resident .eligibles of such town be certified first
for appointment. )
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the Town Board of the Town of Southold reauest Senator_
Kenneth P. LaValle-- to reintrodUre legislation on behalf of the Town
of Southold requiring permanent appointments_ for the position of
police officer in Southold Town be considered first from a list of
Iresident eligibles of the Town of Southold.
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.
2 . A. letter was received from Southampton Town Supervisor
�[artin Lang relative to ;legislation to be considered for the 1979
session relative to residency reguiremerits . for police officers .
Mr. Lang' s version of this law would state that the candidate reside
within a radius of 30 miles from the geographical senate of the
hiring municipality. ---The Board prefers the proposed legislation
as recommended to Senator LaValle.
3 . There will be a meeting of the Suffolk County Supervisor' s
Association at MacArthur Airport on Thursday, December 14th to discuss
the abg�l it ton of t] e Suffolk County Legislature.
4. Letter from the U. S . Department of Commerce advising of
the waiver Q�ten percent minority requirement on the EDA Project
town hall addition) . There have not been .enoughminority contractors
to handle the avallabel jobs . The Department of Commerce has credited.
5 . Request from John M. DiVello, Mattituck for a . street light
in Mattituck. This request has been referred to the street lighting
committee.
6 . Letter from Island Investigating Service, Inc. relative
to a claim by a worker :,at the Town Hall addition against Minnesota
Construction Corp. and Town of southold. The specifications of the
contract requires the contractor to provide insurance so any claims
of accidents would be against those carriers, and- not the Town.
7 . Notification from the Nei York State Department of Environ
mental Conservation of complete application of Raymond Pluschau,
Narrow River Road, Orient for permission to construct timber bylkhead
and dredge in front of the Bulkhead at Hallock Bay on Narrow River
Road, Orient. Also letter from the NYS DEC of Negative Declaration.
Notice of Determination of No . Significance with regard to the afore-
mentioned application. ---This will be referred to the Southold Town
Trustees and Conservation Adivory Council for their comments .
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the name of Anthony B'lados , .Cutchogue, New York, be
and hereby is recommended to Ronald Buckingham, Director of Fire
Safety, Yaphank, New York, as the Southold Town representative to
the Suffolk County Fire Advisory Board
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. - The -New -York State Fire P3;evention Code has been supplied
to all Board members for study. Perhaps at the next meeting
the Board will take a position on the request of the Fire Chiefs
Council for the Town to adopt a fire prevention code.
9 . The liffol_k County Supervisor Association met on November
16th at Cold Spring Harbor. The subject of the meeting was the
oto Vehicle Repair Shop Act.
10 . Letter from the Fanny Behlen Community Health Center
stating they would like an opportunity to make a presentation to
the Southold -Town Board .relative to the .proposed cen fiQr ---They
will be invited to a future board meeting.
11. Letter from the New York State Department of Environmental .
Conservation relative .to the proposed Fishers Island Sewage Plant.
The letter suggests certain changes to be made in the Grant Application.
� C 51 78 I
12. Report from-Councilman Homan on the st-rQ t 1; g_ting; ro --rg am
in Southold Town. ---Councilman Homan stated the Town has saved a
great deal of money on street lights , but not as much as we can
as there is not enough money to spend.
13. Request from Sal Ariosto . Wiggins Lane, Greenport, for
installation of a fi e_. l-ydrant on that street. ---Supervisor Martocchia
and Councilman Pell will study the request .
Moved by Justice Suter, seconded by Councilman Drum,
WHEREAS Whitcom Investment Company applied to the Southold Town
Board for a permit under the provisions of the .Wetland Ordinance
of the Town of - Southold, application dated September 12 , 1978, and
WHEREAS, said application was referred to the Southold Town Trustees
and the Southold Town Conservation Advisory Council for their findings
and recommendations , and
WHEREAS, a public hearing was held by the Town Boarc with respect to
said application on the 21st day of November 1978, & which time all
interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED, that Whitcom Investment Company, Time &
Life Building, Rockefeller Center, New York, be granted permission under
the provisions of the Southold Town Wetland Ordinance to provide for a
50 foot road with a gravel bed not in excess of 30 feet along the
westerly portion thereof as an access road to a proposed minor four
lot subdivision on the north side Main Road, New York State Route 25 ,
Orient, 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.
Moved by Justice Suter, seconded by Councilman Pell,
WHEREAS , -William W. Schriever, by application dated July 20, 1978
petitioned the Town Board of the Town of Southold for a change_of�
zone on certain property istuated at Orient, New York, from "B"
Light Business District to "A" Residential and Agricultural District, and
WHEREAS, the said petition was referred to the Southold Town Planning Board
and the Suffolk County Department of Planning for official recomm_encation
and report, and
WHEREAS, the Town Board, ,pursuant to due notice, held a public hearing
thereon on the 21 st day of November 1978 at 7 :.45 P.M. , at which
time all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED, that-William. W. Schrigve , be and he
hereby is granted a change of-:zone from "B" Light Business District
to "A" Residential and Agricultural District on certain property
situated at Orient, New York, and bounded and described as follows :
BEGINNING at a point on the westerly line of Tabor Road, said point
of beginning being 437 . 59 feet south along said westerly line of
Tabor Road from its intersection with the southerly line of Main
Road; proceeding along said westerly line of Tabor Road the following
two courses : (1) South 0 degrees 38 minutes East 334. 10 feet, and
(2) South 8 degrees 06 minutes 30 seconds East 104. 76 feet; thence
along other lands of the petitioner the following three courses : (1)
South 82 degrees 32 minutes 20 seconds West 233 . 57 feet, (2) North
0 degrees 38 minutes West 459 . 74 feet, and (3) North 87 degrees 47
minutes 30 seconds East 218. 37 feet to the westerly line of Tabor
Road and the point or place of BEGINNING. Containing 2 . 27 acres ,
together with. such other land of the petitioner to the west of the
westerly line of-the above described parcel as it may be determined
lies within the bounds of the "B" Light Business District.
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.
Supervsior Martocchia:
14. A report has been submitted relative to legal advertising
rfees following a review of their charges and Councilman Pell and
Supervsior Martocchia will review the report.
15 . Letter from the New York State Public Employment Relations.
Board relative to a: prehearing on PBA charges
16 . Letter from Suffolk County Department of Environmental
. Control relative to complaince at the. disposal area-.-A copy has
been sent to Highway Superintendent Dean' s office.
On motion cE Councilman- Homan, seconded by Councilman Drum, it was
RESOLVED that the following transfers be and hereby are authorized:
Transfer $80. 00 : from Justice Contractual A1110. 4 to Town Board A1010 . 4
Transfer $11, 672. 70 from General Fund Whole--Town Contingent A1990..4
to the following: $408 . 10 to Assessors A1355 . 4 Contractual '
$2 ,.564..95 to Town Attoriiey� A1420.•. 4'.Con'tractual -
$200 . 0.01 to. Eng ne.er A1440..4 .Contra.ctua.l
$666 . 43 to Bui.ldirigs• A1620. 4' Contractual
$5, 331. 92 to .Street Lighting A5182 .4 Contractual
$1, 395 .01 to Disposal Area A8160'.`4 Contractual
$6 . 29 to .Programs for' Aging A6772'. 4 Contractual
$1, 100. 00 to Town Clerk A1410.. 1 Personal Services
Transfer $170. 00 from New, York -State 'Reti;r merit A9060. 8. to. Hospital
and Medical insurance..
Vote of the. Town Board: Ayes: Councilman Pell, Councilman Drum,.
Councilman Homan, Justice Suter, S.upe.rvator Martocchia. Abs-ent::
Justice Doyen. This resolution was- -declared duly adopted.
On motion of Councilman Homan, seconded by Justice Suter, xt was
RESOLVED. that the following transfers be and hereby are authori,z.ed:
Transfer .$1, 20.0 . 84 from General Fund, Part. Town Safety- Inspection
B3620.4 to the following: $93:9 ..40: '.to Police: B31,20'..'4 Contractual
$167 . 42 .to Bay Constable 'B3130. 4 Contractual
$94102 to- Zoning B8010 : 4 Contractual
Transfer from Planning Equipment B8020. 4 $406 . 47 to Planning -B80.20. 4 Contr.
Transfer .$19, 000...00 to Police Salaries B3120.1 Personal Service s
from: Bay Constable B3110.. 1 Personal Services' $500. 00
Safety Inspection B.3620. 1 Personal Services $8 , 000. 00
Zoning B8010. 1 Personal Services $1, 000. 00
Contingent B1990. 4 $8 , 000. 00
Bay Constable B3130. 2 Equipment .$1, 500. 00
Allocate from Antirecession PW4720 Title II $8 , 130. 00 to Police
B3120. 1 Personal Services.
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 Pell, it was
RESOLVED that the following trans rs be and hereby are authorized:
Transfer to Repairs, Docks -& Buildings, . Fis PrS . Island Ferry
, District $1477 . 85 from: Refrigerated Truck $1, 000. 00
Hospitalization $415 . 00 •
Social Secuiity $6`2 . 85 ..
Transfer from Unexpended Balance Fishers Island Ferry District
$21, 634. 78 to Payroll $2., 170 . 00 .and Operati.on .Ferry .$19 ,464. 78.
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 Pell, ,i.t was
RESOLVED that the following transfers be and hereby are. :authori.zed:
Transfer $777. 43 from Highway Item I, DR5110. 1 Personal. Services
to Highway Item I', DR5110. 4 Contractual.
Transfer to Highway Item III, D.M5130. 4 Contractual $4, 824. 21 from:
Item IV, DS5142. 1 Personal Services
Item IV, DS9030. 8 Social Security
Item III,. DM5130. 1, Personal Services
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.
On motion of Justice Suter, seconded by Councilman . Drum, it was
RESOLVED that authorization be and hereby is given to the 'Commissioners
of the Fishers Island Ferry-District to advertise for bids for a new
radar for the Motor Vessel Olinda at an` pproximate cost of $4 , 000. 00
Vote of the Town Board: Ayes: Councilman Pell, Councilaan Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared:. duly adopted.
Supervisor Martocchia:
17. The term of William Robb, Board of Assessment Review,
expires on December 31st. Mr. Robb has not been contacted to see
if he is interested. No action will be taken at this meeting.
Supervisor Martocchia announced that resumes will be accepted for
this position, to be received before the next board meeting on
December 26th.
177
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that pursuant to the provisions. of Section. 284. :of' thd
Highway Law, the Southold Town Board agrees that moneys .levied and
collected for the repair and improvement of highways, and received
from the .State for the repair -and improvement of highways., shall be
expended as follows: General Repairs - the sum of $591, 500. 00 may
be expended for general repairs upon 177. 71 miles of town highways,
including sluices, culverts and bridges having, a span of less than
five feet and boardwalks or the renewals thereof.
Vote of the Town Board: No: Councilman Pell - Councilman Pell
stated he is voting no because he has not had time to study the
request. He realizes it is a standard form but knows nothing
about it. ' He urged the remainder of the Board to wait until the
next meeting so he will have time to study it.
Justice Suter withdrew his motion on the foregoing resolution. and
Councilman Homan withdrew his second to the motion.
,Mr a. Ange Panagopoulos, East Marion, protested the local law .adopted
raising the dog license fees. He stated a public hearing was held
and there was opposition to the raise in fees.--- The Board advised
Mr. Panagopoulos that there were very few people in attendance at
the hearing who spoke in opposition.---Mrs. Marie Johnson stated
that there were people present in opposition that did not speak
out but were obviously opposed.---Mrs. Johnson was advised that
they must speak out and make their thoughts known.---Mrs. Gladys
Csajko said the license law was not well advertised. ---Supervisor
Martocchia stated they obeyed the law and it was legally advertised.---
Mrs. Csajko feels the new law should be studied more thoroughly by
the Town Board as there are a lot of good benefits in it.
Mrs. Csajko asked about the ,$53, 00'0. 00 the Town of Southold is getting
from the County of Suffolk to hire young people between the ages of
16 and 19 who are probation.—Supervisor probation. Supervisor Martocchia said he did
not know much about it, it si a project being worked out by Highway
Superintendent Dean/---Mrs. Csajko objects to this type of program,
they are paying over $3. 00 per hour which is higher than the minimum
wage, and good kids are' unable to find a' job even for minimum wage.---
Supervisor Marotcchia stated this 'is a make work program and they
are at work now for the Highway Department. ---Justice Suter stated
that Judge Abrahams, the Administrator of the Family Court expressed
the same feelings as Mrs. Csajko.. This is a Probation Department
program. All Mr. Dean was asked to do was .provid.e a means . to put
these people to work. To put these people to work rather than jail
saves the taxpayer a huge amount of money.---Mrs. Csajko asked if
a highway employee would supervise these people?---It was stated
the highway employees would not supervise them, it will -be someone
designated by the County Labor Department, all Mr. Dean will do is
dseignate the projects for them to work on. ---Mr. Panagopoulos
suggested that the town justices review the records of the individuals
to see if they would be allowed to work in the town.---Supervisor
Martocchia said he would ask Mr. Dean' s office `to find out more
about the program and bring the 'Town Board up to date.---Mr.' William
Weinheimer suggested that Mr. Dean withdraw from the program.---
Mt. David Driscoll stated that Mr'. Dean should keep the Town Board
better informed about such a program involving $53, 000.---Councilman
Pell stated that two or three months ago Superintendent Dean told
the Board he was going to apply for the program, 'and utilize the
individuals to do work that his department normally would not have
time to do--Cons. derable discussion on this subject ensued.
.. MrG_ Marie Johnson asked what is happening with the police salaries?---
Supervisor Martocchia stated that the last he Beard they are going to
finding artibration. ---Discussion relative to the negotiations being
open to the public.
Mr. David Driscoll said he understood a` police car was . in an accident
during the recent snow storm. Did this police car have snow tires?---
Chief Cataldo said the car did have(-: snow tires.--Mr. Driscoll further
discussed snow tires for the police cars with the Board and Chief
Cataldo.
Mr. Paul Stoutenburghh, Cutchogue, Southold Town Trustee, passed out
"An Information Folder on Docks, Filling, Dredging, Mooring, Bulkheads,
. Alteration of Wetlands" by the North Fork Environmental- Council', Inc.-`
Mr. Stoutenburgh asked that the clerk of -the Town Trustees, Mrs. Brush
be allowed to put these pamphlets in correspondence when there is an
inquiry about a permit in the Town. People have no idea what they
78
`1 DES' 51 78
are supposed to do in situations as; outlined in the: 'pamphlet,, Th.is-
is an educational type of pamphlet.;- ' -Counic Iran .Homan said .he .fee:ls
there might be a peoblem as on the back of. th.e. pamph.l.et there is
an application for membe.esh: ;p the: the' North Fork, Env;;ronme.n.tal
Council, Inc. ---Town Attorney Ta.sker stated that if the. Town -were
going to distribute this pamphlet the appli.cat :on. would have to be:
deleted.--Mr. Stoutenb-argh. said that would be. 'don'e, th.en .w.ould .it
be permissable?---fit was suggested 'th.e Town Trustees and Conservation.
A_divsor_ y Council should review such-'a pamphle.t .to. de.te mine thaw
the views of the Environmental Council do riot conflict with their
views.---Mr. S.�� t burgh. said h.' pre.s�ented the e. to �1vah. :Goad'smiah.
a year abd a half ago and he said it was- very important pi;ece 'of
material, is needed.- and wished they had it many, many years ago.�-
Mr. Stoutenburgh said he has brought this before 'thd 'Ttustee6 and
nothing has come of it and it s' recorded in the minute:s' of the '
Trustee meeting.---Mr. Stoutenburgh. was asked to draw- s'om'eth .ng
up and submit it to the Town Board for consi.derati:on, ,and they
will review it w .th. th.e agenciesconcerned.
On motion of Councilman Homan, seconded by Justice. Suter, it was
RESOLVED that a recess be called at 4:'30 P.M. ,' meeting to� r.eco.nven.e.
at 5: 30 P.M.
Vote of the Town Board: Ayes Councilman Pell, Councilman Drum, ,
Councilman Homan, Justice Suter, .Sup.ervi.sor Marto'cchia.., Absent
Justice Doyen.
This resolution was declared duly- adopted.
On motion of Councilman Pell, seconded by Councilman Homan, it was
RESOLVED that the following audited bills be and hereby are ordered
paid: General Fund Whole Town bills in the: amount- of` $30�6,92.,.6'8;
General Fund Part Town bills in the "amount of $9..,3.23..04; Hi-ghwa�-
Department bills in the amount of $7,.616. 56; Fishers: T;sla,nd Ferry
District bills in the amount of $25.,144..'94, F.e.deral Revenue. 'Sharing
bills in the amount ,of $2, 0.2.1-81.
Vote of the Town Board: Ayes: Councilman Pell, Councilman. Drum, .
Councilman Homan, Justice Suter, Supervisor Mar.to.cchia. Ab.se.nt:.
Justice Doyen.
This resolution was declared--:..duly adopted.
On motion of Councilman Homan, 'seconded by Councilman Yell, it was
RESOLVED that the Town Board shall hear appeals reg'ard'ing denial of
access to records. under. t� Freedom of Information Law-, as set forth. ' .
in Chapter 73 of the Code of the* Town of Sbuth.old, , Recoards, Public
Access to, Section 73-8.
Vote of the Town Board: Ayes: Councilman Pell, Councilman 'Drum, .
Councilman Homan, Justi.ce. Suter, Supervisor Mart:o:cch _a. ,Abs-ent:
Justice Doyen.
This resolution was, declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Pe,l`l, it was
RESOLVED that there being no further busi.ne.ss: to: come before thia-
Town Board meeting adjournment b.e. called, .at `6.: 3 0
Vote of the Town Board: Ayes:' Councilman Pell, ,Cou:ncilman Drum, :
Councilman Homan, Justice Suter, °S-upe.rvisor Martocchi:a., Absent
Justice Doyen.
This resolution was declared duly adopted,
11 J':u-di,th.-.T. Tei r
Town Clerk.