HomeMy WebLinkAboutTB-06/21/1977 uN z9 � 259
SOUTH= TOWN BOARD
June 21, 1977
A regular meeting of the Southold Town Board was held on Tuesday,
June 21, 1977 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. Martoxchia
Councilman James Homan
Justice Martin' Suter
Justice Louis M. Demarest
Justice Francis T. Doyen
Town Attorney Robert 6V. Tasker
Highway Superintendent Raymond C. Dean
Town Clerk Judith T. Terry
Absent: .Councilman ,James H. Rich, Jr.,
On motion of Councilman Homan, seconded by Justice Suter, it waa
RESOLVED 'that 'the minutes of the Southold Town Board meeting held
on June 7, 1977 be and hereby are approved as submitted.
Vote of the Town Board: Supervisor Martocchia, Councilman
Homan, Justice Suter,, Justice Demarest, Justice Doyen.
This' 'resolution was declared duly adopted.
On motion of Justice Demar.est, .seconded by Justice Suter, it was
RESOLEED that the next regular meeting of the Southold Town Board
will be held at 3 :00 P.M. , July 5, 1977 at the Southol.d Town Hall,
Main Road, Southold, ,New York.
Vote of. the Town Board: Ayes : Supervisor Martocchia, Councilman
Homan, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Supervisor Martocchia asked for reports of committees. (none)
Supervisor Martocchia :. .
1. Rece,ipt' of a letter from Commander Robert Neville, Griswold-
Terry-Glover Post No. 803,' American Legion, relative to the
possibility of moving the WW I monument that is presently located
in front of the Southold Library. The legion does not feel that
moving the memorial would be in the best interests. of Southold .Town
and ask th.e Board ' s support. of their position by disapproving all
^ requests which propose relocating the monument.---Supervisor Martocchia
stated that the Town itself has not been approached with such a proposal.---
Mrs, Mabel Lytle, President of th.e outhold-Peconic Civic Association,
stated the civic association,"has already approached the President of
the Library Association and.Chairman .of the Park Commission, but have
not received a reply., but ask that the Town Board hold the question in
abeyance d
until some decision has been reached.---Supervisor Martocchia
stated they would.
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2. Receipt of a letter from County Legislator Joyce Burland
relative to a meeting to be held at the Southold Town Hall at 3 :00
P.M. , Thursday, June 23, 1977 to discuss proposed plans for the
dredging of Wickham Creek, Cutchogue. There is a question as to
where the fill should go.
3. It has been learned that there is financial assistance for
youth recreation programs, therefore the Town of Southold is filing
an application with the New York State Executive Department, Division
for Youth. If this application is successful, $5,562.00 in State Aid
should be received.
4. Letter from Dawn Estates requesting that the Town of Southold
accept dedication of Dawn Lagoon, located.- east of Greenport.---Super-
visor Martocchia stated this `is `a taxable p' iece of property, and if.
taken over by the Town the Town would become. responsible for the
maintenance of this lagoon, therefore''at this time they are not inter-
ested in receiving dedication to this Dawn Lagoon.
5. Letter from the First Presbyterian Church, Southold indicating
that since the Town of Southold is no longer making use of the vault
in the church, they would_. like to submit a. firal bill. . The annual
rental for part; $50OLi Q. peaT ybh,u,th eQdr,",s-ince 'it has only- be' en-
used fo1- 'part of- 'this• ear the' town ffeels. -$2'5d. 00 would• be' a' fair "
ren_ta l•. for, January tMug.h- May..-
On motion cf Justice Demarest, seconded by Councilman Homan, it was
RESOLVED that $250. 00 be paid to"tYie Southold First Presbyterian
Church for the rental of their vault for the months January through
May, 1977 -
Vote of the Town Board: Ayes': Supery sor Martocch a, Councilman
Homan, Justice Suter, Justice Demarest, -Justice Doyen.
This resolution was .declared duly adopted.:
On motion of Justice Demarest,' seconded by Councilman Homan, it was
RESOLVED that $952. 30 be paid from Highway Department Funds for
the Donovan Plan study made for` the` Highway Department byGreeman-
Pederson Asoociates. .
Vote of .the' Town Board: Ayes : Supervisor Martocchia; Councilman
Homan, Justice Suter, Justice Demarest, Justice Doyen
This resolution, was declared duly ad"opted.
Justice Demarest explained that ,in 'connection with the -.$9`52".'3O' fee"
to Greenman-Pederson Associates for the Donovan Plan Study, the
Atpount of. $14, 000. 00. will be received for marking highways, striping,
highway improvements, etc 'in -the' form`-of Sta to Aid:
Su ervisor Martocchia
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6. Notice from the State Board of Equal-ization and Assessment
giving' the tentative state equalization- rate for Southold Town at
12. 37. In comparisoff to the equalization rates for other towns in
Suffolk County, the change in level from 1976 to 1977 shows Southold
Town with the smallest change.
7. Notice° has been received 'from- th-e New York State Department
of Transportation designating Route 25 over the Long Island Railroad
Main Line at Greenport as a restricted highway'. Mr. Walter Sagb- has
indicated' that the, State of "New York can use his property as a' by-pass.
---Mrs. Gladys Csa:jko stated the road should be' improved"• before the
public is allowed to use it: =- Supervisor Martocchia' stated "it would
be.==-Mr. William Pell asked when they anticipate traffic '"will 'be
restricted in that-area?---Supervisor Martocchia indicated they are
starting to. bring trailers in there now in preparation for the work.---
Mr. Pell- stated they asked "the Town Board six months ago if this
project could not be delayed until after Labor Day so "two summers
would not be involved, has th-e Board ever received a reply to that
requests=-=Supervisor MartocchiIa stated, the reply was that the Board
, asked them last year to delay the 'Mill .Creek project; and make a: study
, for putting in a temporary bridge, which they are; now doing. Even
that has caused a problem, as they thought they wo�uld 'get the major
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amount of work done by July lst. Seeing they would not be able
to do that, they asked for more money to put a second crew on, and
that was turned down. The railroad overpass question of delay was
denied.---Further discussion on the Mill Creek Bridge and Railroad f
Overpass.
8. Complaint from Mr. Carlih, '-Laurel, a resident near that
railroad overpass on Route 25, Laurel, indicates the sign warning
of the headroom for the bridge is too -'close to the bridge, and many
trucks reach the bride and must back up and turn around and take
an alternate route. This matter had been referred to the New York
State Department of Transportation as Route 25 is a State road.
On motion of Justice Demarest, seconded by Justice Doyen, it was
RESOLVED 'that 'Supervisor Albert M. 'Martocchia be 'and he hereby is
authorized and directed to sign an agreement with the Village of
Greenport making the services of the dog wardens of Southold Town
Available to enforce the provisions of Article 7 of the -Agriculture
and Markets Law; and said agreement reads as follows :
WHEREAS, the Village of Greenport and the Town of Southold both
require the services of a dog warden to enforce the provisions of
Article 7 of the Agriculture and Markets Law and Ordinance and Local
Laws enacted pursuant to the brovisions of Section 126 of said law, and
WHEREAS; it is wasteful for both municipalities to operate independently
of one another for the control of dogs, and
WHEREAS, the parties desire to cooperate with each other for the control
of dogs in the Town and Village,
IN CONSIDERATION of the mutual covenants set forth herein, it is agreed
by the parties as follows :
1. Upon the effective date of this Agreement, the Village shall
terminate the services of the Village dog warden. 2 . The Town agrees
to make the services of the dog wardens of the Town available to enforce
the provisions of Article 7 of the Agriculture and Markets Law within
the incorporated areas of the Village and to enforce the Laws and
Ordinances of the Village enacted pursuant to the provisions of
Section 126 of -'said law, and to provide such motor vehicles and equip-
ment 'required for such purposes,. including the
dog pound owned and operated by the Town. 3. The Village agrees to
pay and the Town agrees to acdept ' for the services of the Town dog
wardens , the sum of Six ($6. 00) Doolars per hour for each
hour of service rendered by a Town dog warden within the Village,
which sum- shall be inclusive of all expenses incurred by the Town for
such services Such sums shall be paid' by the Village to the Town on
monthly installments upon the presentation of vouchers therefor. The
Town agrees to keep amd maintain accurate records containing the dates
and hours when such services were performed and shall make the same
available at all times to the Village and its officers and employees.
4. The Village agrees to- pay and the Town agrees to accept the sum of
Three ($3 .00) Dollars per day for each dog seized withift 'the Village
and impounded ' in the Town dog pound, said sums to be paid in the -manner
provided in paragraph 3 hereof. 5. In the event that nyy dog seized
by ,t Town dog warden 'within ' the Village requires the services 'of a
Veterinarian, for the care, treatment, or destruction of such dog, the
Village agrees to pay for such services directly to the Veterinarian
upon presentment of 'a voucher therefor: 6: In the performance of the
services provided herein, the Town agrees to comply with all applicable
laws,- rules,`and regulations. 7 . The Village hereby agrees to indemnify
and hold 'the Town harmless 'of and from any and all liability which may
be incurred as a result of the Town ' s performance of the provisions of
this Agreement. 8. This Agreement shall be for a term of one year to
commence on the first day _of the month subsequent to the execution of
this Agreement '-by the parties hereto and the approval of this Agreement
by the Commissioner of Agriculture and Markets as required by the -
provisions of Article 7 of the 'Agriculture and Markets Law.
Vote of the .Town Board: Ayes: Supervisor Martocchia, Councilman
Homan, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared "duly adopted.
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(The following discussion took place just prior to the vote being
taken on , the .above dog control agreement_ . between the Town of Southold
and Village of Greenport. )
Mrs. Gladys Csajko asked upon .basis or authority the Town is using
for going into this contract. ---Supervisor Martocchia stated the -Mayor
of the Village of Greenport has met with the Town. Board on -several
occasions asking the town to takeover the dog control in the Village
of Greenport. The fees were submitted- by the Mayor to the Town for
consideration, and all the conditions are basically those. agreed
upon by the Village as they want to go into this agreement. ---Justice
Demarest stated that the authority for this agreement comes under
Article 126 'of the Agriculture. and Markets Law. It also states in
Subdivision 2 that in a town of the first class, which we are not,
that contracts with a village to enforce their dog ordinance. or leash
law, that amount may be deducted from their taxes. However, we are
a town of the second class and if we contract there is no relief in
taxes for the village.---Mrs. Csajko. cited Section 119-15 , an opinion
of the Attorney General states that. a town dog warden appointed by the
town board has jurisdiction throughout the entire town, including
the incorporated villages therein.----Justice Demarest stated that
is for the enforcement of the Agriculture.'and Markets Law and only
for the licensing of dogs , but mzhen the village chooses to have an
ordinance, them it changes. The village may, at its . own discretion,
chose to have a dog ordinance, and when they do,. and- it is in a town
of the .second class and the town contracts to enforce the dog ordinance
which they pass there is no relief in their taxes. The section Mrs.
Csajko is quoting follows section .114, it isn ' t until after section
126 that it refers to a village having their own dog ordinance. This
agreement must be approved by the. Commissioner of Agriculture and
Matkets.---Town Attorney Tasker stated that Mrs. Csajko has just
cited a case where the attorney general said that the town dog
warden does .not have to enforce the leash law in the village. There
is the authority to contract with the village to provide the service
by our dog warden and this is what they are doing.---Further. discussion
was held on this matter and Mr. Tasker and Mrs. Csajko agreed to
discuss it further after the conclusion of this meeting. ---Mr. Charles
Hickey stated he made eight or, ten telephone calls over a period of
five or six weeks to try to have a dog picked up. He talked to the
police department, to the chief, but the family moved and that is what
resolved the problem. If ,there is such a problem with only one dog
in his area, what is going to happen if they take over the Village
of Greenport?---Mrs. Charles Hickey asked, before taking on the urden
of Greenport, does the Town Board personally feel they have been a
success in Southold Town with the dog conditions?---Supervisor
Martocchia stated they could be more successful. However, they, are
trying to work with the Village in aiding them. ---Mr. William Pell
asked how long the town aniticpates it will be before the dog situation
will be working properly?---Supervisor Martocchia stated that with .
the advisor the town has now (Mrs. Csajko) the dog grogram is working
out much better than it had been in the past, as far as the .record
keeping ans paper work is concerned.---Mr. Pell asked if they feel
in six months it will be working perfectly?---Supervisor 'Martocchia
said he does not think it will .be perfect in six months.--Justice
Demarest indicated that all the other towns with their own pounds
are continuing to have problems.---After further discission, the
vote was taken on the dog control contract with tl-e Village of Greenport.
Supervisor Martocchia :
9. Request from the Senior Building Inspector, Howard Terry,
for the creation of a Licensing Review Board for the Home Improvement
Contractors Licensing Law to review improper and faulty construction.
The Board will look into . the . appointment, within the next two week's ;
of individuals to this . Licensing Review Board.
1.0. Receipt of & letter from the U.S. General Services Admin-
istration, Public Buildings Service indicating that there are three
parcels of iaud .'containing 1. 67 acres onthe eastern portion of Fishers
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Island, owned by the U.S. Government, which are being declared surplus ,
and..asking if the Town of Southold would be interested in acquiring
this property. The town will express '-their interest in being considered
for those three parcels of property. ---Mr. Pell asked if the Board has
any idea what the property would be used for if the Town acquired it.---
Supervisor Martocchia stated the parcels contain a two story, brick
storehouse'; three one. family dwellings, and .a duplex apartment house.
One could be used for recreational facilities for the youth on
Fishers "Island, a meeting . place : for the people of Fishers Island,
location of the. Town Justice Office, sleepiri_g .quarters for visiting
school sport teams that have been: previously housed in private
residences.---Mr... Pell .asked- how .much of it. is waterfront. -.-Justice
Doyen- estimated :about 100 -ft. -and:abuts ' the .Ferry, District.---Justice
asked: if-r'ita-xodl:d be- valuable taxable ,propetty.'for teal estate. --Justice
-Doyen indicated. it.'probably would -bot be as it . is -all on the outside
per1meter. =--Mrs. Marie Johnson asked if : this should go.'through and
there are repairs and upkeep, etc. , who would pay for this?-=-Super-
visor Martocchia stated the Town would.---Justice Demarest said that
the huge--.watehouse 'could be used to house, -town equipment. The three
single _family . dwellings '-could 'possibly.be. used to. house the ferry boat
crew so _they. could leave . one. of their .two ,ferry boats at Fishers Island
.overnight, whereas now they all go back to New London. For the people
of Fishers Island .'it would be well worth it for the town to acquire
these hoZises,. ----Mrs. Jokinsori asked if they would be income .bearing?--
Justice Demarest said we would probably turn = them over .'th-. the .Ferry
District as we have the airport, and they stand the .expense of any
repairs :as ,they now-`do.
.- . 11. Notification: from the '.Department of:-the Army, Corps. of. . .: ...
Engineers of application of Robert H. .Rothman for permission -to
maintenance dredge at Jockey Creek, off Wells Avenue,-- Southold.
Objections by July 18'' 1977 . : ! '
Notice from the Department of Public Works . for. dredging
project _a.t .Budd%s Pond;'-.A-rsha.momaque by.. the County of -Su ffolk
Objections by July 12 , 1977 . o
Notice from the D.E.C.. .upon application .of Edward .Yanke'. '-:
for permission to erect a single family dwelling and septic system
on the nprth side of Ole Jule Lane, Mattituck,. off James Creek.
Objections_ by -July 8, .1937 .-
_ -Notice from the D.E.C. upon application of Henry A. Boczek
for permission to erect a timber retaining wall along his property
line _on� Baldwin ::.Creek-, Cu:tchogue-.:-. -Objections by _July 14, 1977..
1.2. Notification_ from .the State of New.. York .Public Service:::-:•_:- :
Commission .that Fishers Island --Water Works _Corporation has an .extension
until September 7 ,- .1977 :to f isle the statements- relative. to -.their.
merger.with the West. End -Wa.ter Comp-any.. _
- 13. Receipt: of a pending Senate-Assembly Bill S6135 & A8583 to
create .a commission to study the revaluation of property to 100
full market value_, and. one. ofi-,_the provisions .is .that :theybe permitted
a $4:00, 000 ..expense- account.- The. commission= will be unsalaried. . Ot
is :also being ,recommended that .an- amendmen.t . to the -bill be -approved
whereby the State would reimburse the townships at -the rate of , $8: 00
per parcel revalued.
On motion. of Justice' Suter., .,seconded by Councilman Homan, ' it .was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby .i's
authorized-. .to sign an- agreement with Pudge,-Co,'�Jpo,ration, Main Road,
Pouthold, New York., for one year. .lease at $1.. 00..of - a parcel of
land 100 ft. by 200 ft. on Main Road, Sou.tho-ld, - east of Chinam-, and
a 25- ft. right-of-way to Traveler Street. .
Vote . of the Town Board: Ayes :. Supervisor Martocchia, Councilman
Homan, - Justice Suter, Justice Demarest, . Justice-. Doyen.
This resolution was declared duly..adopted.
Mrs. Mabel Lytle asked if the Town Board couldn't take an active'
part in pursuading the post office to move to that particular area
east of Chinam, as this was a proposa-l-- that was being considered
a few years ago.---Supervisor Martocchia stated that the post office
at the present site has had a one years extension. and that carries
the lease to November 1978- Mr- Gray of Pudge Corporation has been
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doing business with the postal department, -but Mr. Martocchia does
not know .how successful he has been. He has seen a layout for the -
post office to be located there, . plus several other small business
buildings and a police booth and comfort station.---Council"man Homan
stated that Councilman Rich would have more recollection of the
situation than he, but everyone agrees there is .a':.-bad°situation. .with,-
the post office at their present site, and they went to the pest
office and found they had not received one complaint relative to
their location.---Mrs. Lytle feels the relocation of the post-office
is a very important project, to be worked on. As President "of the
Civic Association she would like to meet with someone :'on the Board
to discuss what action can be taken.----Ms. Anne Matthews of Chinam
stated she believes part of the problem is the federal budget which
doesn't come out until July 1, and if Southold is given an increase
and if Mr. Gray still wants to move- the post office or -build a larger
one, they will have to wait until July 1 when the federal budget
comes --through.
On motion of Justice Doyen, seconded by Justice. Suter, it was
RESOLVED that the Fishers Island Ferry District be and hereby -is
authorized to transfer $5,000.00 from Repairs to the Ferry to
Acquisition of the New .Ferry.
Vote of the .Town Board: Ayes : -Supervisor Martocchia., 2ownitmxx
Risky Councilman Homan, Justice Suter, Justice- Demarest, Justice ..'Doyen
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Doyen, it was
RESOLVED that the following lige guard hourly rates be established:
1st year - $2.65 per hour
2nd year - $2.80 per hour
3rd year - $2.95 per hour
4th year - $3.10 perhour
Vote of the Twon Board: Ayes: Supervisor Martocchia, Councilman
Homan, Justice Suter, Justice Doyen.
This resolution waVdeclared duly adopted.- . -
Supervisor Martocchia :
14. Receipt of a letter from Mrs. Beatrice W. Small requesting
permission to hold .a concert event by the. Southold Associatlonof
Merchants on Saturday night, August .27 , 1977 in the parking lot
adjacent to the Chinam Inn, said concert to be under canvas and
starring Miss Sarah VerAghn.---Supervisor Martocchia stat&.d '' ' the
matter has -been discussed and .the Merchants must go to the Planning
Board'- for site plan approval, to the Appeals Board for a special
exception, and then to the Town Board .for a special license.-=-Mrs-.
Small indicated that when she called the Town Clerk 's Office two weeks
ago she was informed they would need a permit from the Town Board and
a poster .permit from the Board of Appeals. ---Town Attorney Tasker indicated
those two. items are needed, plus approval from the Planning-Board.
He did ,not see why the Town Board could not act at this meeting with
the condition that approval be secured from the other two boards.
On motion of Justice Demarest, seconded by Justice Suter, it was
RESOLVED the Southold Association of Merchants is hereby granted a
special license to hold a concert event in the parking lot adjacent
to the Chinam.. Inn, Main Road, Southold, New York, on Saturday evening
August 27, 1977., all in accordance with Article XI, . Section. 100-114,
Subsection . c of the Code of the-Town of Southold, provided the Southold'
Association of Merchants secures the necessary approval from the
Southold Town Board of Appeals and Southold Town Planning Board.
Vote of the Town Board: Ayes : , Supervisor Martocchia, Councilman
Homan, Justice Suter, Justice Demarest; Justice Doyen.
s
This resolution was declared duly adopted.
Justice Suter indicated that he hopes all the necessary safeguards
are provided for this event. ---Mrs. Small stated they are going .to
be _insured _by -the Reeves- .Agency in Mattituck for one-half million
dollars, •the Hartford Insurance Company .has agreed to give them
insurance for it. They have spoken to the Southold Town Police,
Lieutenant Winters, and Fire Department. They- are trying -.to, cover
every base. ---Justice Suter indicated he was just- concerned, as .a
few .years. ago :a .rock concert wa's- planned with -the possibility of
3 ,-000 people 'coming into the area,.- -and it :cos-t. the _.Town $1, 500. 00:
to get an. injunction against holdings the- event.---Mrs. Small stated
she .does not feel- -this ca-n happen, when she spoke to the .Wil,11am
Morris Agency-.they. specifically •stated the entertainer -they wanted
would-have to :-appeal :to the- a:ge. group 35- and over; they wanted no
rock, no :country western.
On motion of Justice Demarest, seconded by Councilman Homan, it was
RESOLVED -that -the firm of Smith, Finkelstein, Lundberg and Yakaboski
be engaged to represent the Town of Southold in the -matter of
Salvatore V. Crimi vs. Southold TovAn- in an appeal to the Appelate
, .Division, Second Department.
Vote of the Town Board.: Ayes :•.•Supervisor Martocchia, Councilman
Homan, Justice Suter, .Justice Demarest, Justice Doyen.
This resolution was declared duly adopted..
Mr. Pell asked what..-the Cr.imi= case- is•about?---Supervisor Martocchia
stated that Police Officer Crimi is appealing a court; de,cis-ion steming
from ,.a matter wherein the Town .Board pena.lized....him: some months ago.---
Mr. .Pell; asked- why the board always- .foes-, to attorneys outside. of
Southol& Town?--=Town Attorney Tasker .-stated that there- is a. problem,
from time to time in the past he has attempted to get local attorneys
to handle town matters, and they are- .faced; with a conflict question -
as they. represent clients ,before other, boards in the .-town agency, They-
would ,prefer to go -that route rather. than represent- the town.- -Mr.
Pell asked whtther they do offer it to attorneys, in town, ; but •have
been- :-turned- down.?.----Town A,ttor.ney,•Tasker .stated they;_have.,
.,On. motion :of;,Councilman-,Homan; seconded- by-,.Just-ice:.,Demarest;., it:-was
RESOLVED ,that Supervisor- Albert. M. Martocch-ia ,be; and he ;hereby :is
authorized toisign,an. architectural agreement with -the firm of Sacco
and Ahlers:, Architects .and ..Engineers-, .:Main•-.Road•, . Southold,,. New-.York,
for the senior-c tizen9,. youth :cepter•,: •to: be -located-,on P;econ;ic„,Lane,
Peconic; --New, York-.
Vote of the Town Board: Ayes : Supervisor Martocchia,- Councilman
Homan.-,, Justice. Suter, Justice -Demarest, Justice Doyen-.
This .resolution was .declared duly adopted.
On motion- of Councilman Homan;, geconded .by .Justice Suter., it..was
RESOLVED :that Samuel. G. Brown,--Cutehogue:, New York,-.be ,and_. he hereby
is granted...a. -six. months :renewal of his .single family , trailer -loca.ted
on the west side Tuthill ' s :Laney,_ (town .-roa:d-,to disposal. area-) , Cutchogue,
New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Homan, Ju'stice . Suter,: Justice Demarest, Justice •Doyen.-
This resolution was declared. duly adopted,.
The following resolution is perta.:ining 'to an- agreement the Town of
Southold- entered,:into- sever al. months-.ago,, and at: -this -time .me-rely
names ;the .Village of -Greenport as -lead, agency .in .-the federal grant,.:
filing applications for a waste water project. )
Moved by Councilman. Homan-, ;-seconded by Justice .Demarest.,
WHEREAS, the water resources,•of t-he: Nortli:,.Fork .of,oLong. :Island.-are .1.
unique and fragile in quantity and its quality is becoming increas-
ingl-y;..contam.inated, : and..
WHEREAS, the -Amendments to. the- Feder:a 1 Water, Pp.11ution•Control ,Ac,t
of 1,97.2 ,.prov,ide•. for ;Re.deral Assistance to- -conduct :-studies of, the-
protection -of :the-:water••.resources , and - ,-:
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WHEREAS, the Town Board of the Town of..Southold is vitally concerned
for the protection of the quality and quantity of the groizndwa-ter
resource, and
WHEREAS, . The Town of Southold, after thorough consideration of the ,
various., aspects of the problem and study of available.-data, : has .
hereby determined that the' construction of certain works, required
for 'the treatment of sewage, generally described as 201Facilities..
Plan for Wasaewater Facilities in. the Town' of Southold, and
WHEREAS, under Public' Law 92-500, the 'United' States of: America has'
authorized the-making of grants to aid= in financing the cost of - -
construction of necessary' yreatrrient. works- to prevent 'the discharge
of untreated or inadequately treated sewage or toher .'wasterinto, any
waters and for the purpose of reports, plans, and specifications in
connection therewith;- and
WHEREAS, the• Town ,of -Southold --has -examined and duly considered ,
Public -Law. 92=500 and the Town- 'of Southold deems -it: to be -in the
public- interest to th• the -public benefit• to file an -
application-under this Act and to authorize other action in-• connection ,therewith,
NOW, -THERF.ORE;• BE IT RESOLVED -BY -the Town Board of Southold, in
conjunction with :the Vllage. .of Gr-eenport, herewith- authorizes: the
filing of an application in -thee-form required by the United States
and in conformity with Public Law 92-600 is hereby authorized
Including all understandings and assurances conta-ined iri said
application, and"
- BE' IT FURTHER RESOLVED THAT Supervisor' Albert Martocchia -is directed
and authorized as the official representative of the applicant - to,'
act in connection with the application arid to provide such additional
information as -may be required, and
BE- IF FURTHER RESOLVED that three ' (3)- certified- copies- of this
Resolution be prepared -and sent -to- the New York State Depa-r-tment of
Environmental Conservation, 'Albany,- -New- York," together, with '-the
Federal application,- :and - -
BE IT FURTHER RESOLVED -tha-t '-this-' Resolution take- effect immediately,
and
BE -.'IT -FURTHER- RESOLVED.-that 30 per-cent of unfunded project costs will
be =paid ty the Village -of- -Greenport- and 70 percent of the unfunded
project cost will be paid ty ' the - Town of -'Southold, and =
sBE IT FURTHER RESOLVED that- Supervisor Albert Martocchia -shall be
,authorized to -execute such application and '.formslas may -be '-necessary
and also to act on behalf of the Village Board to •meet. Fedenal
and State- requirementsi.' =
BE IT FURTHER RESOLVED that the-Vi-llage of '-Greehpor-t is 'designated as the lead agency in this, project amd is authorized to =sign--all< - -
applications, submit vouchers for payment to the State and Federal
Givernment and the - Town of Southold, receive payments, make
disbursements,. and conduct all business- as may- pertain to this -priDgram
Vote of -the Town Board: Ayes: Supervisor Martocchia, Councilman, .
Homan, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
On motion of Justice -Demarest, seconded by Justice Suter, -it- was- -- -
RESOLVED that the Town of Southold support Assembly Bill No.. . A-1827-B
and Senate Bill No. S-1461-B entitled "An Act to amend the highway
law, - in relation `to the limita-tion of expenditures on highway-
machinery in certain towns, " and the Town Clerk complete the
necessary forms and submit them to the New York State Assembly and
New York State Senate. -
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Homan, Justice� Suter, Justice 'Demarest, Justice Doyen.
This resolution was- declared "-duly adopted
On motion of Justice Doyen, seconded by Justice Demarest, : -= -,.»,"C_-:,
WHEREAS,*--- ( -resolution- setting -a -public hearing- on- July .12, ,1977
at 11:00 A.M. , Fishers Island Firehouse, -Fishers -Island, New 'York
upon the matter of the application -of- Fi-shers Island Development
Corp. for the creation of the Fishers. Island Sewer District. )
"Jl1N &�1
WHEREAS,. a petioion of a :majority of. the owners ..o.f. real property._ .
hereafter described,.,.has ..been,filed.with the,-Town Board of the..
Town,-of Southold requesting. the estab.lishment: of. a. S.ewer District
at-no. :cost to _ said proposed. District,. and
WHEREAS., , there. has been-,f iled. with .the Town .Clerk a map and-plan
for.:said proposed Sewer District ..shwoing..the improvement to be
made in said. proposed� Sewer District. prepared by the Henry Southers
Engineering Company, -compe.tent_ engine.ers . duly ..licensed by- the State
of New York., and.
WHEREAS., the boundaries of. the propo.sed. Sewer. District are as follows : .
ALL. that.parcel: of land located -at Fishers Island, Town .of -Southold,
Suffolk County;, New .York,. more particularly bounded. and described .
as follows :
BEGINNING at a point in the shore line of Fishers Island and Fishers
Island Sound as same is located in Parcel No. 1 of a quit claim deed
between the .United Stated of America -and Race .Point .Corporation
recorded in the office. of .the Suffolk County Clerk in Liber 4615. .page
283, .running thence South .46 degrees-_58 minutes East .about 408 .feet
to a monument;..thence South. 35 degrees: 24, minutes, East 424. 0 -feet to
a monument, both :lines abutting --Northeasterly on land now..of formerly
of the .Estate of S.A-.. Salva-ge;. thence running three lines abutting.
Southeasterly, Northeasterly and Northwesterly on land now or formerly
of- Wilmerding, South .32 d.egrees: 36. minutes West .465. 9 feet to a.
monument; thence South 26 degrees -_57 minutes East about 405 feet to
a monument; thence North 62 degrees 26 minutes East-•-.687.'22 feet to
a monument at land now or formerly of John Wilmerding; thence South
31 degrees 18 .minutes .East 188-.41 .feet and North 62 .degrees 26.:minutes
East.,1..61 -feet ,.to a .monument; thence South - 27 .degrees .34 minutes .East
25.00 ,feet to. a .monument; thence running the. southwesterly line of .
Equestrian Avenuel �South 76 degrees-;-02, minutes 30.,._se.conds East 58.22
feet .to a -drill :hole .at. the ,inters.ection. .of _the --southeasterly :dine of
Winthrop ,Drive: and..-the ;.southwester.ly._line of. Equestrian Avenue (being
the. -point of beg inn ing-..o€- .s-aid Parcel No-- 1--in. .deed Liber 4615 .page
2831-: -thence: continuing southeasterly and::.northea.ste'rly along
Equestrian. Avenue. -to .its intersection. with Beach:A,enue. _des:cribed
as' the.-poi:nt.:of: place- of: beginning .of. the ."1st Tra.ct." .,in a quit.
claim ,deed, .:fr.om. the United ..States of America.. 'to .the. Town of, Southold,
recorded. .in. th-e Suf folk. -,County Clerk' s., Office,. in liber.':4614 page., 2.96;
thence along the southwesterly, .southerly._ ..and southeasterly. :.line. -of. ..
Beach-, Avenue the .following 8 .courses: and distances : !,(l) South- .4.7.
degrees .7- -minutes _40 -seconds: Rast -514. 90 f.eet ,_(2). -Sou th._84: _degrees
21` minutes 15. seconds .East 34539 feet; ' (3). South 78. degrees 31
minutes .10 seconds East 281. 3.3 .:feet; (4). South. _8'1 degrees J28 minutes.
East 447. 9.4 feet; ,. (5) South 67, degrees 38 .minutes East 342.. 57 feet
(6). ,No:r1th .77 degrees 1-7...minutee East. 202. 32 feet;.. (7). North •26 -.degrees
2 minutes 30 seconds. East 131.81 ;feet; _(.8)--,.No.rth,.25_ :degr.e.es' .3.6 .,
minutes 50., seconds .West .3:2._a8 fe.et.; .thence_, .S:outh: 3.9. degrees,4.5 -
minutes 10 seconds East 226. 28 feet; thence South 39 degrees 41 ._ :_
minutes 40 seconds East 64.38 feet; thence South76 degrees 0 minutes
West-- 3.86.- feet; :thence. South <13 degrees 20.,minutes .East -10.7 :ifeet to. .
th"e .shore. .of F.isher.s Island .and .Block Is1-and-- _Sound _as: same- is .Located
in the deed, a:for.esaid.:to, --the Town.,-of. .Soutthold :in :Liber _46.14. -page 296;
thence following_ the meanders of::said' shore-:;line _in _a . westerly direction
to the shore line of. Fishers ,-Island .Sound;_,_thenee -following the. meanders
of. said:.shore .line and., the .meanders of the shore: line of Silver Eel
Cove and _a.gain the meanders of.- Fishers Island _Sound to -the ,:point-..or _
place, of .beginning.
WHEREAS.,: .s.a.id- map.,.. plan and petition- are. on ,fide- .with. the: Office. of
the Town Clerk for public inspection, and
WHEREAS, it is now desired to calla public hearing for the purpose
of considering said map, plan and report and to hear all persons
interested in the subject thereof concerning: the ..same- inaccordance-
with the provisions of the Town- -Law. ,.
NOW,_ THEREFORE, IT_ IS- HEREBY ORDERED.-by the Town Board of . the Town of
Southold; Suffolk County, New York, as.. follows :
.2
,
.Section.:-.1. --A.'�hearing--will-!be.:held at ',the-':Fis.hers,-�ls'lahid.Fire, House
Fishers Island,..:.i.n the. Towft of.;.-.South6ld,--New York,.- on .July 12-Eh, . `.,
1977 at. U:.00. .o!clack-.�A.Mi} prexia'11ing.- time", .�-.bo�!(2ons�ider;--,the,,,'afbr6-
said map, plan and report, and to-hear, 'aill�-personls '',inter"dsted::in-.'!the
subject.�:thex-eof concerning the:-samd,!.:and- t6-.take�8uch: action thereon
as is required.._or authorized by law. : Section`-2,-'-The Town,'.Cler'k :-1
hereby, author ized.-and, directed, to :cause a ,-co7py of-thls , order to be
publzished,-once .in,,;thd-. Suffolk - Tim6sp.-, The-Long ..Island Travele"t
Mattituck Watchman and The New London Day, and also tdpo'st'-a -dopy -
heroof., .-,all:,.in . accordance, with- -,thei ,provisions ,of'.Section 2094o' ±
the.- Town:Law.. - S-ectiont- 3.:_ .1-.Thi;!4` otder -_shall take effect, immediately
Votd., o,f. ,..the,.Town. Board,::. Aye's Superv:isor:..Martocchia, Councilman'
Homan, Just-ice Suter, Justice Demarest, Justice Doyen.
This;,resolutionA.7as decl�ed -duly,.'adopt-ed�.
L
On motion~.-of Counci1man :Homan.j_-sec6nded by, Justice Doyen, It- was-
RESOLVED that .the Southold .Town Jus-tidos,;be and, they- hereby are,
authorized -to - attend the Advanced, Justice- Training• School -at':,.St. .,. - '.
Lawrence University,-..Canton, ..New,:York frbm:.July -25th- -through July
29th, and that. actualf and :neces-saryi..'expenses to, tr-avelm-meals;. !and
lodging .incurred while attending-said sessions' be a, legal-.-charge,
against the Town of -Southold.
Vote of the Town- .Board:- Ayes : Su'pervisor- Martocchia., Councilman -'
Homan�.p-Justice, Suter, ;Justice; Demarest., Justice .Doyen.
This. resolution was -declared duly-.adopted.-
A gentlemen. .involved -in ,.marine -!sa.f e-Ey,ztate&:he '-understan*ds-, the
police :boats in -Southold Town do :-noti.have ,VHF marine-.radios., They.,.
do .!have..:police%_a.nd.i CB::radids.,--...'His.-.group-1 is volunteer :on--call; 24,
hbbr's a,.day. :., The,.Coast�-Guard does:.,-not :-r.ecognize-CB. 'radios arid' he-.-
heard -that -Supervisor Martocchia .would .not appropriate -enough money
for..a VHF.-radio..,-. .ands .he feels: the,-Boa:r& ,should authorize :VHF :.radios"
aboard ,the- police .boats,..---Supervisor Martocchia• =stated he has, never
entered into- a discussion rela-tive -to VHF radios,, and has taken no
position. on .it ,because ,he knew nothing aboutit. ---Councilman 'Homan
stated that our police, bay .constables, 'are paid to do their work in
town waters, and they find theffiselves, constantly doing Southampton—
work, Shelter Island Town work, Coast: Guard ,work, and so: forth-:. : ;
Basically, they;;are .not -supposed to be -out- in Peconic Bay, if it is
an emergency. with -ahuman;.life involved, fine,, but it.- is -not-the
— ,
purpose:,of the :Southold Marine Unit to .perform- Crest 'Guard iservices.
,.,
The Town waters,.aro those waters -within 'the- ",boundariEis, of the Town,
and they have jurisdicition over the waters within 500 feet of the
shore line, as far as :bathing and '-speeding,. etc. 'Councilman, Homan'
is. not against VHF, radio, .he. just wishes. to. put things in their proper
perspective.,. Further .discis,'sion was held on this subject. It. wa I s
requested thatothe' matter be discussed further after the conclusion
of this. meeting.
Mr. Pell asked what happened .to , the artist. rendering -of the. youth
center, senior citizen center that he saw in Supervisor Martocchia 's
office several moths ago,. when..suddenly., today :they. are .signing a :
contract?=--Supervisor Martocchia -stated- that many architects - they ..
talked to gave suggested renderings to the Board. However, doing
that, and being the actual architect for the project when they have
to go into full specifics for bid specifications is a different -- - I
situation. At that point an architect must be retained.---Mr.- Pell
asked how many renderings were ther to chose from?---Supervisor
Martocchia stated there were at .least fiveto choose from. The
percentage - for, the archi-tect -is 8%.
Mr.s. - Csajko asked why channel 6 -is not being used for ,local. intorest.
It was said some time ago when they renewed their contract-with CATV
that. 6- would be used for that purpose.---Su-pervisor Martocchia ;'stated
that the Mattituck and Greenport and Southold schools have equipment
available for plays and shows, etc. , but should someone wish to set
269
JUN 2 T-71977
up a special event, someone would have to pay for it. CATV is not
authorized. to sponsor local programming. However, that channel is
available if someone wished to hire television equipment to use it.
Mrs. Csajko was under the impression CATV would finance the use of
the channel for local use.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that there being no further business to .come before this
town board meeting, adjournment be called at 4 :30 P.M.
Vote of the Town Board: Ayes : Superv.isor.-Mabtocchia, Councilman
Homan, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Judith T. Terry
Town Clerk