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HomeMy WebLinkAboutTB-03/13/1979 23`3 � 1�79 MAC 3 ` " SOUTHOLD TOWN BOARD March 13, 1979 A regular meeting of the Southold Town Board was held on Tuesday, March 13, 1979 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 Justice Suter, it was RESOLVED that the minutes of the Southold Town Board meeting held February 22, 1979 be and hereby are approved as submitted. Vote of the Town Board: Ayes: . Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyne. 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, March 27, 1979 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 delcared duly adopted. On motion of Councilman . Homan, seconded by .Councilman Pell, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in.. teh amount of $29 , 185. 88; General Fund Part Town bills in the amount of $11,410. 78 ; Federal Revenue Sharing bills in the amount of $20., 415. 00; Fishers Island Ferry District bills in the amount of $23, 136. 44 ; Highway Department bills in the amount of $19 , 278. 59. Vote of theTown 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 following reports for the month. of February 1979 be accepted and placed on file: Supervisor, Town Clerk, Building Department, Highway Department, Police (incomplete) , Dog Warden, Fishers Island Ferry District, Assessors, Bay Constable.,' Justice Suert, Trustees. Vote of the Town Board: Ayes: Councilman Pell, Councilman DrU41, Councilman Homan, Justice Suter, Superivsor Martocchia. Absent: Justice Doyen. This resolution was delcared duly adopted. On motion of Councilman Drum, seconded by Councilman Homan, it, was RESOLVED that Clifford Motors, Inc. , Clifford, Pennsylvania, the lowest bidder for police cars be and hereby is awarded the bid for supplying the Town of Southold with six (.6) 1979 Chrysler Newport police cars, taking in trade five cars, at a total price of $31, 585. 84; and be it further RESOLVED that the requirement for the location of service and repair facilities to be within twenty-five highway miles from Peconic, New York be and hereby is waived. 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. �34 M ;4 31�1 t: On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that Port of Egypt Marine, Inc. , Route 25 , Southold, New York, the lowest bidder for two outboard engines, be and hereby is awarded the bid for supplying the Town -of Southold with two new 1979 85 HP Johnson V4 outboard engines Model 85TL79, with Power Trim and Tilt, including installation of motors and new command center controls for power trim and tilt and freight charges, including trade in of two 85 HP used engines, at a bid price of $3075. 00 Vote of the Town Board: Ayes: . Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This rsolution was declared duly adopte.d Supervisor Martocchia: 1. The bids were opened for the sale of the police boat "Blue Belle" . The Board has not taken a position on - accpeting or rejecting the bids. 2. The Town Board Negotiating Committee has approved a Memorandum of Agreement with the C.S.E.A. There area few items left for discussion, therefore, before the Board asks the Town Attorney to prepare the contract, Supervisor Martocchia called for a meeting with the TownBoard Negotiating Committee at 1:15 P.M'. Wednesday, March 14th. Councilman Pell and Justice Suter are on the Committee with Supervisor Martocchia. 3. Letter from Pebble .Beach Realty, Inc. requesting the release of performance bonds for. the . subidivision "Pebble Beach ' Farms" . At the present time all the necessary reports from the ' Planning Board, Highway Superintendent, Town Engineer and Highway Committee have not been received. 4. Supervisor Martocchia reported that the equipment has been removed from the "Blue Belle" , inventoried and stored securely.. On motion of Councilman Homan, seconded by Councilman Drum, WHEREAS, the Town Board concurs with the recommendation of the Chief of Police . following -a hearing held by .the Chief of Police charging Police Officer John Droskoski with a violation of Rule and Regulation Article Viii, Section- 12 in that he was absent without authorized leave, and recommending upon the .agreement of Officer Droskoski to waive a disciplinary hearing before the Town Board and agreement to accept the recommendation of the. Chief of Police for a forfeiture of one .days pay penalty, now, thereoore,' be it RESOLVED that Police Officer John Droskoski be forfeited one days pay. 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: 5. Receipt of a letter from -the Association .of Towns of the State of New York requesting budget and -tax rate_ -figures for town and highway items for the years 1976-77-.78-79. 6 . The Town Board has been invited to partici.pate 'i:n the: : ribbon cutting ceremony at the Port of Egypt Boat Show- March. '16th.. On motion of Justice Suter, seconded by -Councilman Drum, it was- RESOLVED that Supervisor Martocchia be and he hereby i.s authorized to apportion the expenditure of recreation funds between' the various leagues - Little League, , Slo-Pitch., gymnastics,. aoccet leagues. Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum, . Councilman Homan, Justice Suter, Supervisor Martocchia. Ab.sen.t; Justice Doyen. This resolution was declared duly adopted. SuperVi-sor Martocchia: 7. Letter from the American National Red Cross, Suffolk: County Chapter stating they will be sponsoring a H:ealth. S-creenincg. Week during the week of April 2, 1979. The setting for th.e Fair will be conveniently located in hospitals, community centers, shopping malls, schools and employer sites. Some of thd. ma.ssive testing to be available will be height and weight measurement, . blood pressure, visual acuity and anemia, hearing, glaucoma and cancer screening. BAR .` 19-V' n motion of Councilman Drum,' seconded by Counci i_1A'. , Homan, it was RESOLVED that Supervisor Albert M. Martocchia be .authori.zed ..to invite. Mr. William C. LaROw, P.E. Assistant Chief, Bureau of Seweri ,Progranis, Division of Pure Waters, N.Y.S . Department of Environmental Conservation, Albany, and Mr. Michael Bonchonsky, Chief Program & Toxic Integration Branch, U. S. Environmental Protection Agency, New York, t0c-appear before the Southold Town Board at 4: 00 P.M. , April 11, 1979 for a brief presentation and 7: 30 P.M. for a formal presentation on the matters discussed at the EPA meeting at Princeton, New Jersey concerning waste water, cesspool sludge, solid waste and disposal area problems. 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 Holzmacher, 'McLendon and Murrell, P.C. stating they will be meeting in New York City on March 19th with the United States Environmental Protection Agency to discuss the Town. of Shelter Island' s request to dispose of its scavenger waste in conjunction with the on-going 201 Facilities Study in the Town of Southold. 9. Letter from the Southold Town Nutrition Program inviting the Southold Town Board to join them in celebrating their Fifth Anniversary with. dinner and a special program at 12 Noon March 21st. 10. Letters from the New York State Department of Environmental Conservation relative to applications of .Steve Mitacchione and Joseph Mitacchione, Eugene' s Road, Cutchogue, for permission to . construct a one family dwelling, requesting the Town Board to indicate whether or not they desire lead agency status. This matter has been referred to the Building Department to handle as lead agency. 11. Notice of Order from the New York State Department of Transportation, Traffic and Safety Division, establishing a one-way roadway at Laurel Elementary School from Route 25 to the right-of- way line of Route 25 for traffic proceeding in a northerly direction. This action is being taken during the construction of the new highway. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that the resignation of John F. Mulhall as a member of the Southold Town. Conservation Advisory Council be and hereby is accepted, and a letter be sent to Mr. Mulhall thanking him for his services on the Council. Vote of the Town Bard: 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 Justice Suter, it was RESOLVED that the resignation of Lois A. Mellas, Dog Warden, effective March. 31, 1979 be and hereby is accepted and a letter be sent to Miss Me.11as thanking her for her fine services and expressing regret upon her resignation. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was delcared duly adopted4- . On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that the resignation of Jean A. Schneider, Account Clerk, Office of the Supervisor, effective March 31, 1979 be and hereby is accepted, and a letter be sent to Mrs. Schneider thanking her for her fine services and expressing regret upon her resianation. Vote of the Town Board: ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was delcared duly adopted.. Supervisor Martocchia: 12. Letter from William McDermott, Osprey Nest Road, Cleaves Point, East Marion relative to flooding in the Cleaves Point development. This letter was referred to Highway :Superin- tendent Dean for investigation. 13. Letter from Peter R. Stoutenburgh, Akerly Pond Road, Southold relative to the drainage problem on lower Ackerly Pond Road. This letter was erferred to Highway Superintendent Dean for investigation. 14. Letter from Arhtur J. Sharp, Route 25, Southold reques:ti.ng a directional' s gn marking the hamlet of 'Southold. The Board d rect•e.d that 4; .lette,x be. �serit :to, the New .York .State Department of Transportation requesting a directional sign "SOUTHOLD" -be placed on .the New York State Route 25 at the Southold/Peconic boundary directing the public east to the hamlet of Southold. 15. Letter from the Suffolk County Department of Public Works stating their department is preparing plans for the re- construction of existing bulkheading loca"ted.=at :the Suffolk County Community Collete, Marine Science Technology Center, Cedar Beach, Southold. 16. Receipt of a Notice 'of Claim from John S. Lockman and Virginia K. Lockman, his wife stating there was damage .to the claimant' s property on Leeton Drive, Southold due to the inter- ference by the erection of -the jetty at Goldsmith' s Inlet and the Town's failure to remove same after request. 17. Receipt of a Notice of Claim by Brian Robbins, Cutchogue, relative to an automobile accident on Chapel Lane, Greenport. On motion of Justice Suter, seconded by .Councilman Drum, it was RESOLVED that- Supervisor Albert M. ..Martocchia be and he hereby is authorized to enter into a contract with Kreiger Well and Pump Corp. ,' Mattituck, New York for the relocation of an irrigation well and pump from'-�Town owned land (formerly Lillian A. Gozelski) onto the property of Mrs. Gozelski, south side Peconic Lane, Peconic, for a total cost of $2 ,200. 00 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: 18. Notice from the Department of the Army, Corps of Engineers upon application of Stephen J. Gaimbar, for permission to maintenance dredge and beach -nourishment on West Creek Avenue, Wickham Creek,. Cutchogue. Comments by April 7 , 1979 . 19. Letter from Al Mould, Village Lane, Orient, requesting the establishment of an historic district commission. The Super- visor expects to appoint a committee some time in April. On motion of Councilman Homan, seconded by' Councilman Pell, it was RESOLVED that the Town Board of the Town of Southold accepts the proposal of Jean Tiedke, Southold, New York, to: volunteer her time preparing for and attending hearing sessions in the LILCO-Jamesport case; prepare whatever documents may be considered vital to the interests of the Town, including cross examination questions, without compensation for her time; only requiring out-of-pocket expenses such as -mileage, lunch money and telephone calls. Final typing and copying of documents, except short responses, will be provided for by the Town, and postage to be paid for by the Town. Virginia B. Moore, President, North Fork Audubon Society read the following letter to the Board: "Dear Mr. Martocchia and Members of the Board: This is about the possibility that the Town of Southold will no longer be represented at the renewed State hearings on James port because of expense in paying our representative there, Jean Tiedke. The North Fork Audubon Society believes that to give up now would be unthinkable in principle. Further, it would be a poor ecomony. Through what it is already costing our townspeople as ratepayers just to help LILCO pay for finishing Shoreham, we have a taste of the true financial cost of tomorrow' s nuclear plants. And, despite the delusions of the present Riverhead Town government to the contrary, we as taxpayers -- particularly in Southold' -- would certainly have to pay a heavy. toll in many ways for those plants, including the need for added schools and community services. All this would be for two plants that no one but LILCO' seems to believe Long Island needs. It is a further strong economy to the Town to have had Mrs. Tiedke' s able, full-time service in- these hearings for .$50. a hearing day-- maybe 50 of what a lawyer would have to charge. Despite her unselfish offer to work only for expenses now, and recognizing the interest we,_all have in economical government, it seems to us a shame nbt to continue Mrs. Tiedke on the same terms. For now, and in the long run., that is ecpnomical government. Sincerely, Virginia B. Moore; President, North Fork Audubon Society, Box 973, Mattituck, New York 11952" 237 Marie Johnson, Southold, spoke on behalf of the League of Women Voters s .Stat ,n .they axe.. absolute'ly .horrified that the . Board is willing to accept Mrs...: Tjiedke:ls.. of.fe.r: to. .at.t.en.ding' the hearings without any pay. She is areal expert in her field and has done an incredible amount of work in the area and she should be paid by the Town to . it as every other consultant is paid. The League protests the Board' s doing this. 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: 2.0. . The Town of Southold has received a continuation permit until March 1, 1984 for the Scavenger Site, Route 27A, Cutchogue. This permit is issued by the County of Suffolk, Department of Health Services. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that John Raynor, East .Marion, New York be and he hereby is appointed Radio Operator fro the Southold Town Police Department for the Suffolk County, Civil Service List, effective March 16, 1979. at an annual salary of $8 , 000. 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 Justice Suter, it was RESOLVED that Gary Charters, Greenport, New York be and he hereby is appointed Radio Operator for the Southold Town Police Department from the Suffolk lounty Civil Service. List, effective Parch 16 , 1979 at an annual salary of $8, 000. 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, . WHEREAS Marina Council #3852 , Knights of Columbus, Cutchogue, New York has applied to the Town Clerk for a Bingo License,_ and WHEREAS the Town Board has examined the application, and after investigation; duly made findings and determinations as .required by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to Marina Council #3852, Knights�of Columbus, , Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was delcared duly adopted. On motion of Councilman Drum, seconded by Councilman Homan, it was RESOLVED that the Town of Southold enter into a lease agreement with the Board of Commissioners, Southold Fire District, Southold New York, for the parking field surrounding the Southold Firehouse effective April 1, 1979 through :March 31, 1980', to be automatically extended for successive one year terms, for an annual rent of $1. 00. Vote of the Town Board: Ayes: . Councilman Pell, Councilman Drum, Councilman Homan, Justice, Suter, Supervisor Martocchia. Absent: Justice Doyen. . I This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the Town of Southold enter into a lease agreemon.t. with the Griswold-Terry-Glover' Post No. 803, Americarr .Legion, Inc. Southold, New York, for the parking field at the Legion' 'building on the westerly side of Tucker Lane,. Southold, effective April' 1, . 1979 through March 31, 1980, to be automatically-exterided .for successive one year terms, for an annual rent of $1: 00 . Vote .of the Town Boare, Aye: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Jutice: : Doyen. This ersolution was declared duly adopted. V 23S On motion of justice Suter, seconded conded by Councilman Drum, it was thatRESOLVEthatth_e Senio'rs, Citizens Club, Mattituck. Unit be and e-t beby are. granted pe':rmission to hire-, 'two: buses at a cost of $255. 00 and $245. 00- for a trip to New York City on April 18 , 1979. 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 Drum,' seconded by Justice Suter, it was RESOLVED that the Senior Citizens- Club, Mattituck Unit be and hereby are granted permission to' hire one bus at a cost of $316 . 00 for a trip to Pomona, NewYork for a clambake August 14 , 1979. 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 Justice Suter, it was RESOLVED that the Seniors Club of- Southold-Peconic, Inc. be and hereby are granted permission to 'hire one bus at a cost of $248. 00 for a trip to see the Easter 'Show at' Radio City on April 4 , 1979. Vote of the Town Board: Ayes: ' C*ouricilman 'Pe'll, Councilman Drum, Councilman Homan, Justice Suter, Supervisor *Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia: 21. Letter from Jerry S. Walker, D.V.M. , Vanston Road, Cuthchgue concerning a problem with silted waterway at Haywaters cove at the east end of Fishermsn' s Beach, Nassau Point. The Supervisor met with Carl Eisenchmied, Prin&ipal Civil Engineer, Division of Waterways, Suffolk County Department of Public Works on Monday and this is one of the matters which was discussed. Mr. Eisenschmeid will meet with Mr. Walker and other property owners in .the area to discuss the r)roblem. Councilman Drdm spoke about .his Ariport Committee Report. The committee was comi,)kised of Councilman Drum, Chaikindn, Franklin Bear, Henry Raynor and David Spohn. Councilman Drum thank'ed them for their many hours an- efforts. The purpose of the committee was to determine the cost to lease or purchase land and if 'a purchase was involved, loss of -income from taxes, the cost to the Town, cost of building, staffing, - equipping an airport to make it operational. In researching the funding the Committee found that the FAA does have' a program for funding airports. The program at present goes through fiscal year 1,80. However, the FAA does aahticipate that airport development funds will be provided in subsequent years-. This particular bill, legislation, does provide funding of 80% of al allowable project. New York State would normally fund 15% of an allowable prbject. This leaves approx- imately 5% to the community of anapproved prbject. At present there is the Tri-State Regional Planning Commission is undertaking a general aviation study in the entire County of Suffolk. To qualify for federal funds the need for an airport must be identified in this study. We have received correspondence from the Tri-State Commission that our area will be included in the study. The duration of this is about 12 to 15 months After the study, and if our area is included and the need is identified Southold Town, then would consult with the, FAA. There are 'certain other requirements that are laid down before you can qualify for federal funds. Engineering study is necessary, environmental assessment and the bill is very specific where it says an airport project may not be approved , without a public hearing for the purpose of considering the economic, social and environmental affects of an airport location.- These are the important factors of interest to everyone. Two of the airport committee members are here at the meeting. After the meeting this could be discussed in detail. Supervisor Martocchia: ' 22. Letter from the New York State Department of Environmental Conservation stating there will be a meeting at 10: 00 ,A.M. , March," 22, 1979 at building HF" -on the main Stony' Brook Campus .,for thjd* purpose of pursuing a regional solution to solid waste 'management. 23 . Letter from the New York State Commission on Cable ' Television in reply to a letter from the Town Clerk questioning whether the Long Island Cablevision Corporation is meeting their standards and asking when theState Commission last made' a ch.ddk 239 MARA`T,1979�' of reception. and signal strength :and the result of such a check. The Commission states thaton *July, 19, 1978 members of their division conducted technical tests-of- `the Greenport system including htat portion of the system, serving Southold. At the time of testing, the system performance was deficient in three areas defined by . the Commission' s technical 'standards. Long Island Cablevision was notified of the deficiencies on August 25th and on October 27th they replied stating that the areas of non- compliance had been corrected and the -system performance was well within the -Commission' s rules. 24 . Letter from Scheyer, Jellenik & Attonito rel'Ativd to Angelo Accardo (Taurus Homes, Inc. v. Town . of Southold and H.B. Walters, Inc. Mr. Accardo owns property.operty on Nokomis Road, Southold next to Mr. Walters who operates a junk yard on his property. Mr. 'Accardo claims this is a dangerous condition and 19 years ago Mr.. Walters was ordered to erect a hedge-fence but did not do so. This is being referred to the Police Depart- ment for investigation. 25. Letter from the Long Island Regional Planning Board relative to Small Cities CDBG Discretionary Grants, requesting additional information from each community on how each applica- tion will add'ress the impact of the program on specific minority populations. This letter is being referred to our consultant Kerron Barnes for reply. on motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that the Superintendent of Highways of the Town of Southold be authorized to advertise for bids for the following: 5001 = 12" co-rugated drainage pipe with bands 500 18" corrugated drainage pipe with bands. Vote of .the Town -Board:' Ayes:- Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declaredduly adopted. On motion of Councilman Pell, seconded by Councilman Drum, 'it was RESOLVED that-the Superintendent of Highways of the Town of Southold be authorized to advertise for bids for the 'following: 15 - .3 'x8 ' Drainage Rings 10 - 4 ' 6" x.8 ' Drainage Rings 15 - 3 ' 6"* x8 ' Drainage Rings 10 - 3 ' 6" �8l .Drainge Rings 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 Superintendent of Highways of -the Town' of. Southold be authorized to advertise for bids for thefollowing: One Tractor Mower. 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 Counc ln-4an Drum, seconded by 'Councilmah Homan, it was , RESOLVED that the 458YIXtendent of the Town of Southold be authorized *to advertise for bids for' the following: 10 , 000 gallons" more or less as may be needed, for the Highway Department and the Disposal Area of Diesel Fuel. Vote of theTownBoard: Ayes: Councilman Pell; Councilman Drum, Councilman Homan,' Justice 'Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia: 26. Notice from the Department of the Army" Corps of Engineers upon 'application of Mrs. Dorothy F. Staples, for maintenance dredging at Sterling ' Creek, Greenport. ' Comments by April 7 ,- 1979 . Councilman Pell will investigate the project. 27. Notice.- from the Department of the' Armyk Corps of Engineers upon application of Salvatore C. Prato for permission to bulkh.ead, ,dredge, fill, construct a ramp and float arrangement at Fordham Canal, Greenport. IComments by .April .7 , 1979. -Councilman Pell will investigate the project. (Item 44 on the agenda has been deleted, it was acted on at the February 22nd meeting. ) �4 MAC ' 99:4 28. . Supervisor .Martocchia designated the month of March as "Red Cross Month" in .Southold Town and' the following proclamation will be' published in the local newspapers: WHEREAS, the American Red Cross has given round-the-clock service to. our Military Personnel whereever troops are stationed, at home or abroad, standing by the world over, to a-sist them and their dependents; and WHEREAS, the Red Cross stands ready to come immediately to the aid of people stricken by floods, fire, or storm and provides hospitals , health agencies and physicians with whole blood and blood derivatives,, thus;-greatly contibuting to the health of the American people; and WHEREAS the' Red Cross in the Town of Southold, N.Y, helps keep our families safe and healthy through training in- first aid, water safety and home nursing; NOW, THEREFORE, BE ITT'PROCLAIMED, that the month of March be known as -"Red Cross Month" in the Town of Southold, and I, Albert M. Martocchia, Supervisor of the Town of Southold, urge all citizens ' to join with me in support of our Red Cross with our money, blood,, donations and volunteer service. 29. Receipt of an application for wetland permit from W.S. Gardner, Wunneweta Pond, Cutchogue. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the Southold Town Board set 3 : 30 P.M. , Tuesday, April 10, 1979, Southold Town Hall, Main Road, rSouthold, New York as .time and place for a public hearing in the. matter of the application of Raymond W. Pluschau, Narrow River Road, Orient, for a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to construct 68 ft. of bulk-' heading and dredge -approximately 1201cu. yds. to place behind the bulkhead at Narrow River Road, Orient, 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 duly adopted. Supervisor Martocchia: 30. We are awaiting receipt of data information from the firm of Robert-J. Finnegan Associates and Associates, Inc. relative to the implementation .of the reassessment program under the New York State Real Property Information System for the purpose of estab- lishing and maintaining full market value estimates for all properties wi.thin' the Town of Southold. Riverhead' s program will cost $185, 500. and they have 11, 000 parcels and the Town of Southold has about 17 , 000 parcels. On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that the Town Board of the Town of Southold approves the action of the Board of Commissioners,'. Fishers Island Ferry District in advertising for bids for the annual haul-out of the M/V Munnatawet in accordance with USCG 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: :, 31. Receipt of a". letter from the New York State Department of State advising they have recently been notified of New� York' s eligibility to receive federal funds from the Coastal Energy Impact Program, setup under 1976 amendments' to the Coastal Zone Management Act.... The Board will study the proposal further. 32. Letter from lb'owitz & Tamborra, P.C. Norwich, Connecticut relative to a client who has not been paid for work done on Fishers Island last summer. It was determined this referred to the constr- uction of a tennis court by Bouton Services, Inc. , who was paid in full for the work performed. The ,clie'nt should contact Bouton Services, Inc. MO. I 33. News Release from the .Suffolk County Clerk stating the Town of Gbutho'ld will be rec'eivinq , $24, 549., 04 of apportioned mortgage tax and interest from the Long Island Lighting Company cove-ring those properties owned by LILCO which are located in the County of Suffolk. This is as a result of litigation between ,the County of Suffolk and LILCO which has been resolved. 34. Letter from the Cutchogue Fire District stating they are interested in low band police car radios and would like to be con= sidered if and when the town owned radios asre disposed of in the future. On motion of Councilman Drqu, .seconded by Councilman Homan ' WHEREAS John and Olivia F611inger-Ihar by application dated December 29, 1978 applied to the Town Board of the Town of Southold for a permit under the provisions of the Soil Removal Ordinance, and WHEREAS a public hearing was held by the Town Board of the Town of Southold upon this application on the 23rd day of January, 1978, now, therefore, be it RESOLVED that John and Olivia Fellinger-fhar ,be and hereby are granted a permit pursuant to and subject to the provisions of the Southold Town Code, Chapter 811 S6il Removal, for permission to remove excess material from their Woodbine Manor Subdivision, which material was removed from a one a'cre: :recharge basin, and two addition- al recharge basins. The property is bounded north and east by -Nick and Patricia Aliano, south by Antone Harris and John Walters, and west by John Kru.pski. Said permitt shall expire on September 30, 1979 . Voet of the T'own Board: Ayes: Councilman Pell, 'Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. Moved by Counci*lman Homan., seconded. by Councilman. Drum*1 WHEREAS, Long Island Cablevisionr'Corporation has requested that the franchise agreement-- heretofore entered into vdth: 'th_d. 'Tbwn' of . So- old-o'ld be. amended to increase the subscriber's rate,' and- to. authdrize Long Island Cablevision Corporation to delete carriage 'of' WPRT--TV,:-:Rhdd'e 'I'aland (Channel 12) ; carry CBS on Channel 12; and carry Hbm'e -'Box on Channel 2 , and WHEREAS, . a public hearing with., respect,.to such application was held by this Board on February 6, 1979, at whic.h. time 'all interested persons were given, an opportunity to be heard, and — WHEREAS, the principal reason given, by Long Island * Cablevision Corporation for such rate , increase. was to- provideaddition4l revenue to defray in part the capital expenditure for -the 'ektension*. of. its CATV system to an additional 2, 200 homes, NOW, THEREFORE, BE IT RESOLVED that the franch1ae 'agre6ment granted by this Board to Long Island Cablevision Corporation on March. 2.5,. 1975 is hereby amended as follows: .. .... ...... .... P'fds'e'nt Increased 'to Installation Charge $30. 00 $40400 Reconnection Charge . 9. 95 15-00 . Relocation Charge 9. 95 15. 00 . Additional Outlet Charge 9. 95 15. 00 , Monthly Service :Charge- Residential - First Outlet 7. 25 8. 70 Residential - Additional Outlet 2. 00 2. 50 'I.Motel - Each Unit 2. 00 3. 00 (b) That such subscriber rate increases shall become effective in the month following the month in which Long Island Cablevision Corporation has obtained the approval of the New York State Commission on Cable Television and all other . regulatory agencies whose approval is . required. .fc) That the subscriber rate increases provided for herein are subject to and contingent upon Long Island Cablevision Corporation, within two (2) years from the date when all required approvals are obtained, constructing more than sixty (60) miles of CATV facilities to be available to 2,200 additional homes at a total construction cost in excess of $400 , 000. 00 , the areas of the Town wherein such construction is to be accomplished are as follows.- Hog Neck, Captain Kidd Estates; Little .Neck; Nassau Point; Orient Point; Luaghing Waters; Gardiners Bay Estates; Sandy Beach, Cleaves Point; Sound View Avenue at Southold and streets in the vicinity thereof; Depot Lane; and New Suffolk Avenue. The exact .streets and poles involved in such construction being shown and desginated on a schedule on file in the Town Clerk' s Office; and it is further RESOLVED that Long Island Cablevision Corporation, by the acceptance of rate increases provided for herein, agrees that it will not seek any further rate increases until the construction work contemplated herein shall in all 6 �4 SaI MAR'l :3 1979 ; respects be -completed, and it is further RES:OLVED.f. that .Long Island Cablevision. Corporation is hereby authorized to delete :carriage. of Rhode Island (-Channel. carry, CBS- on Channel 12• and carry home *Box Office 'on Channel'. 12;,: Councilman Pell stated he 'i.s not against the rate increaae:,. , everyahing has goneup, but he: wanted to know if there. . .e- any way,.the Town Board can. insert some .sort of Home 'Rule:,' if .Long Island Cablevision does not live 'up to 'all they say they are going to do in this that we 'do not have 'to wait for the 'New York State Commission to act. Is there any way on a local level we could have some sort of penalty involved if they: don"'t. follow- up or do we have to wait for the State?-.--- Siipervi.sor' Martocchia stated that in recent years we have the 'Nex,i- York State :C'ommiss°ion which we never had before, they are our watch. `dog.---Town Attorney Tasker stated that the increased rates that are proposed by the resolution are contingent upon them doing the 'work,',ekteriding the , system, so if you are saying suppose they default and do not ' extend the system, since the rate. increase `is contingent upon' them doing that, I would say that they would have to revert back `to the 'rates they now charge. On the other question of whether there are defaults, we have gone through. that, it is in fact a violation of the 'franchIse. The question is what sanctions,, .what. can we do. You can cancel the' franchise and nobody has television. What elseareyou going to do? The rate increases, by the resoltuion, are contingent upon doing the construction. Upon the failure to 'do the constructi.on', and since the rate increase is contingent upon it, they would-h:ave 'to revert to the old rates. ---Supervisor Plartocchia stated that si:nce' 'the' public hearing he was able to negotiate the proposal for thd. 'time ' shcedule from three years to two -years.---Councilman Pell stated that with the understanding if they do not extend the system, the rate will revert back 'to the present rate, .he agrees with. the '' resolution.---Supervisor Mar.tocchia stated in -.his 'deliber.ations he considered the. fact there was a public hearing, actually two hearings. One hearing was-' attended by seven people: and the second a few more. At no -time was 'there .a quarrel about a xat.e 'increase.' Most of the discussion concerned service and most-Jpeople 'wanted more service. At no point in time did I .detect any quarrel with. the increase.. Tfith that thought in mind I intend to vote yes. Vote of the Town Board: Ayes: Councilman Pell, ,Counci'lman Drum, . Councilman Homan, justice Suter,, Supervisor Mar.tocchia. Absent=c. Justice. Doyen. This resolution was declared duly adopted. On motion of Justice Suter, seconded-by Councilman Drum, :it was RESOLVED that Robert A. Hood, Mattituck, and George S.. Young, . Mattituck be and hereby are designated as supplementa.ry 'school' corssing and church crossing guards for the Town of Southold at a salary of $3:'150 per hour for church crossing 'and a per. day salary for.:..school`-: crossings. Vote of the Tonw Board: Ayes:. Councilman Pell, Co.uccilman Drum, . Councilman Homan, Justice Suter, Supervisor Martocchi.a.. Absent: XNkXXN1XXXXXTNNXXXNXX9XXXyNXX Justice.. Doyen. This resolution was declared duly adopted. Justice Suter stated .that he was .a voting delegate'-'at -the 'Associa tion of Towns and there were 13 resolutions passed by th.e Associa- tion of Towns all of which would be very helpful to the Town. One of which is that the rate of reimbursement on. the reassessment . program be based on .a 50% reimbursement of -whatever it costs the town to do it. Supervisor Martocchia reported that he met with the D.E.C. in Stony Brook along with several other Board members, as well as-. Robert Holzmacher of Holzmacher, McLendon and Murrell, consultants, relative to a violation at the Disposal Area. The matter was, resolved and no fine was imposed. Mr. David Driscoll stated that whether the Board realizes' .it or not what they have .done is formally given permission to Long Island Cablevision to do what they did two years ago, violate 'th.eir franchise. They violated. the franchise when they removed channel 12- Providence. he thinks that somewhere along th.e 'way there 'should be some new language put in the franchise because 'th.e 'amount of complaints about service is large,' and service 'has got- to be. ' improved and something should be_ written into the amendment to the franchise. NA 4 Mr. Charles Hcikey, Southold asked if Mr. Dean is going to bid for a leaf picker. He brought tp -thi!i subJ ect .1ast 'autumn. and hopes by next autumn they will ,'hav&1'-done' something about the leaves.---Highway Superintendent Dean said there is not enough money in the budget for a leaf picker, but he is hopeful he might be able to experiment wit. h, one next fall. Mr. David Spohn, Orient, said as a member of the Airport Committee and one of the supporters, he would like to ask the Board to look favorably on the concept of a town airport and offered hisservices for research and the 'pilot. group'-would likdto supply -whateVer labor is needed in trying to start the' 'airport and would like to seed to it that the 'town ge-Eg come seed money also.. Mrs. Gladys Csajkb, Greenport, read thd following Letter: "At -a duly attended meeting of the Board of Directors' of' thd North- Fork. Taxpayers Association, I'nc. hd1:di_on March. 5th, a resolution was ,passed requesting the Southold Town Board to submit a budget figure f.or the maintenance 'of the projected recreation center. It is also requested that this information be made available to the North Fork. Ta.xpayers -Association, .I.nc. no later, than the date of the next Town Board meeting. Sincerely, Gladys Csajk.6, Predident North Fork Taxpayers As'sociation, Inc.---Supervisor Martocchi'a said he is not sure those figures can be available -by the *next meeting, but he will try. Mr. Franklin Bear, Southold, stated that before any funding for a town airport can be applied for Tri-State must find a need he're and second, the Town must consult with. FAA on thd 'scope 'of the project, third, theremust be a feasibility study on engineering and rnvironment, fourth, theremust be a public hearing and finally at that point the Town may apply for and not necessarily get funding. He just wanted to make it clear , it is- a long time between now and then. Councilman Drum added that we' do have :the 'other alternative ' of leasing.---71r. Bear stated that when you get- into - the- matter of lease; no funding is available. - Also, even if land is purchased, there are many items which- are not fundable. This requires'a great deal of thought and study on the part of the 'Town 'Board and the people of the Town of Southold. Mr. David Driscoll asked if at the end of the month do we have a dog warden?---Supervisor Martocchia stated that Loks; Me-Ilas .is- terminating the 31st of March, John Helf will still be with us..-- Mr. Charles Heckey stated that five dogs each day come to his property and one is a big black dog� that doesn't even have *a collar which means that the dog must -not have a license,' and he has called the dog warden four days in a row and there is no 'answer, so he called the police 'station.---Supe.rvisor Martocchi.a said they had the best package we 'coiild get b.efore, very inexpensive and had the local veterinarian taking care of. problems, 'onedog warden doing an adequate job. We were backed into a 'corner by ,pres sure groups to the point that we went with a building that cost quite ' a few thousand dollars, problems with the building, problems of dogs escaping and jumping over fences, two dog wardens instead,'.: - fo one, and now we' have a lot of static.---Jody Adams, Peconic, said she believes the local veterinarian did not want to continue this program.---Supervisor Martocchi*a said he is not sure that is true. ---Gladys Csajko said that under the new law theTown has to supply a warden and pound, or contract for them'. * on motion of Councilman Homan, ' seconded by Councilman Drum, it was RESOLVED that there being no further business to come before this Town Board meeting -adjournmerit be called at 4 : 30 P.M. ' Vote of the TOwn Board: Ayes: Councilman 'Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchi:a. Absent: Justice Doyen. This resolution was declared duly adopted. udith- T. Terry Town Clerk '