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HomeMy WebLinkAboutTB-09/28/1977 -3 V SEP °2'g 1977 SOUTHOLD TOWN BOARD September 28, 1977 A regular meeting of the Southold Town Board was held on Tuesday, September 28, 1977 at the.-Southold Town Hall, Main Road, Southold, New York. Deputy Supervisor Demarest opened the meeting at 3 :00 P.M. with the following present: Deputy Supervisor Louis M. Demarest Councilman James H. Rich, Jr. Councilman James Homan Justice Suter Justice Francis T. Doyen Highway Superintendent Raymond C. Dean Town Clerk, Judith To Terry Absent: Supervisor Albert M. Martocchia . On motion of Councilman Haman, seconded by Councilman Rich it* was RESOLVED that the minutes of the regular meeting of the Southold Town Board held on September 13, 1977 be and hereby are approved as submitted. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter, Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Rich, seconded by Justice Suter, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 9 :30 A.M. , Tuesday, October 4 , 1977 at the Southold Town Hall, Main Road, Southold, New York, for the purpose of receiving the tentative budget from the Town Clerk. Vote of the Town Board: On motion of Justice Suter , seconded by Councilman Homan, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3 :00 P.M. , Tuesday, October 11, 1977 at the Southold Town Hall, Main Road, Southold, New York Vote of the Town Board: Ayes : Deputy Supervisor Demarest Councilman Rich, Councilman Homan, Justice Suter, Justice Doyen. This resolution was declared duly adopted. Deputy Supervisor Demarest: 1. Receipt of letters from Mr. Richard E. Leslie, Orient, and Edward and Flavia Grebinar., Orient-By-The-Sea protesting they decision of the State of New York not to renew contracts for snow removal with local contractors. They both feel that without the help of the local contractors the State cannot possibly maintain the efficient and safe snow removal which has taken place in the past years.---Deputy Supervisor Demarest stated that Supervisor Martocchia has had correspondence from the State which indicates they are in the process of purchasing some new equipment, some of which will be, sent to Southold -. two heavy duty trucks, and another will be available out of Riverhead. 2 . The Board discussed the irrigation point on the Town property purchased from Gozelski on Peconic Lane, Peconic. In the contract of sale it was agreed to move the irrigation point off of the property. This will be done as soon as an agreeable site can be located. 317 3 . Receipt- of three resolutions from the County Legislature relative . to dredging at Little Creek, Cutchogue, Gull Pond, Greenport, and Budds Pond, Southold. The resolutions state",that funds have been included in the 1977 'Capital Budget and Program under Project 5200 (Dredging of . County Waters) to cover the cost of bids. 4. Letter from the New York Conference of Mayors and Municipal _ Officials relative to the projected rate increase of Niagara Mohawk -for information only. 5. _ Letter from John F. Wanerka, Jr. , Electrical Contractor asking. if. the Town would be interested in making arrangments for installation and maintenance of Christmas lights. The Town has lights of their own to be . installe' d at Christmas time. 6. Receipt of a. letter from the Mattituck Free Library asking about the old ,Town Clerk building which will be moved if the money is received to replace it. They request that the Town consider them when disposing of the building. Their request will be taken into consideration.---Justice Suter suggested that, the library be advised that the cost .of moving will be up to the person who gets it The Town does . not have funds provided for -relocation of the building off of Town property. 7 . Letter from Peconic Sound Shores Association, Inc. asking that they:-,be placed on record as being strongly opposed to any con- sideration to -dismantle the Goldsmith jetty. They have also written to. the Commissioner of Public Works , Suffolk County, Rudolph Kammerer, County. Executive John Klein, N.Y. State Dept. of Trans.portation, Austin Emery, i�.S. Corps of Engineers , County Legislature Joyce Burland. 8 Receipt of, a letter from the New York State Department of Transportation informing the Town of Southold that the Federal Highway Administration has placed special emphasis on a program to bring signing and pavement markings at all public railroad-highway ..grade crossings into -conformance .with. the .Manual ;of .Uniform Traffic Control Devices. They request ,permission -to come -into Southold Town and make a survey of the. grade crossings . The project ,,is .to. be funded under the Rail-Highway Crossing Program .using 90/. Federal and 10%. State funds. They: ask, the Town. to•.adopt. a resolution permitting them .to enter on Town highways and once,,they make the improvements the,.>uown .will main- tain them.--Additional information will be needed . on . this matter.: = .9. : Letter from Pete.-Petrowski,- E. Legion. Avenue, -.Mattituck, as spokesman for some, .of the taxpayers bordering James Creek, Mattituck, requesting that the mouth. of :James. Creek be .dredged as soon as possible as it is . filling in and. is dangerous . to navigate.---This -project has all the-permits necessary and all- that is needed is a resolution of the County Legislature to fund it. 10. Receipt of a wetland application from Albert L. DeLauro for permission to extend and re-enforce a bulkhead return to prevent erosion of soil into �the channel at. his property, . Lot 43, Harbor Lights Drive, .Bayview, Southold. -..This application has . been forwarded to the Town Trustees and. Conservation Advisory Council for their study and recommendations. 11. Letter from Douglas A. Witschieben of Dent & Witschieben who have filed objections to.:L1LCO' a1. proposed jetties at .Jamesport which is before the Corps pf Army Engineers_--Today, the Town sent a letter to the Corps pf Engineers once again .asking them to hold a public hearing on the proposed installation of jetties. The Town understands they do, not propose to hold a hearing and have protested the dec is.ion 12.. Receipt of ._two letters. from .James _Bitses. . One..asking,.if the entrance to Corey Creek .at -Hog Neck .,Bay is ,dredged that certain property; .he owns .be considered ,for a. _spoil area., The other letter. asks :kak'the TowneBoard ,for a decision on a. cluster concept. on the proposed. subdivis on; Old' Town Park at Southold. --This was -considered at the last -meeti.ng but. the Board dial not have the .metes and bounds description, 'and have not received ,it as yet. 13. Letter from Arthur J. Sharp, Nassau Po.int :Road, Cutchogue including a map, indicating a drainage problem at Old Menhaden Road and Wunneweta Road. The Highway Superintendent will look into the problem. 318 r Soh '�2`'8 19�7 15. Letter from Walter Uhl, Woodhollow Properties, Inc. , requesting *­ reduction in the bond at Orient-By-The-Sea since 80% of the roads have been completed.---The Board has discussed this and the policy has'- been not to release any part of any -bond until the project is 100/ completed' 16. Receipt of a. letter from the Department of Transportation A.H. Emery, Regional Director, relative to repair work that was done in the harbor at Fishers Island. It seems the contractor is having difficulty collecting money from the State. It seems the papers- the contractor must complete to secure payment have `not been properly completed and the State will not pay until it has been done.---The State indicates that ordinarily the Town or Fishers Island Ferry District would pay the contractor initially and then either the Town or Fishers Island Ferry District would collect from the State. There is no way the Town is going to pay.. $80, 00 to $90 , 000 to a contractor and then try to collect from" the State. 17 . The Board has received a Notice of Application For Review of Assessment of Real Property from Associated-East Lending Corporation. (This is the shopping center at Mattituck where Grants was and the theatre is. ) They are asking fora reduction of assessment and it will be necessary for the town to retain counsel to handle this matter. On motion of Justice Suter, seconded by Councilman Rich, it- was RESOLVED that Richard Cron, Esq. be and he hereby is retained by the Town of Southold to represent them in the matter of the petition of Associated-East Lending Corp. , Petitioner, against the Town of Southold and the Board of Assessors of the ' Town of Southold,, Respondents. Vote of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Doyen. ' Dgpik Supervisor Demarest: 18. The Town Board is in receipt of drawings for an addition for an existing restaurant at East Marion by Gus X. Hartofilos and Associates. This will be turned over to- the -Building Department to compute the area. They now have a Camp Cottage Permit and according to the ordinance each camp cottage must have a certain amount of area. The Building Department will be asked to determine if an addition can be built on' the property. 19. Sometime ago the Town agreed to make a contribution to the Agricultural Research Farm on Sound Avenue, Riverhead. They are. building a new building for agricultural research and most of the money was donated by farmers and farm organizations. A year ago last .aune the Town agree to make a contribution of $5, 000.00 they have now been advised the Research Farm can use the contribution at this time. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that the Town of Southold contribute $5, 000. 00 from Whole Town Surplus to the Agricultural Farm, Sound Avenue, Riverhead'; New York. Vote of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter, ' Justice Doyen. This resolution was declared duly adopted. Deputy Supervisor Demarest: 20. There is another matter which the Town is not too happy with---it seems that after Hurricane Belle last year there, was a great deal of rubbish and trash dumped into the disposal area, and it was burned. While it was being burned someone objected and notified the DEC. There was one complaint filed. The Town just . recently was summoned' to a hearing in Stony Brook and the Town was assessed the total of $1500. 00 for having a fire without a permit. The Town could go to court and fight it. but ;chances are we would lose, so we have consented to pay the New York State Department of- Environmental Conservation a total of $1500. 00 sEP -2 sa. 3 19 On motion of- Councilman Rich,. seconded• by Councilman Homan., it was RESOLVED that ,the sum of $1500. 00 be and hereby is paid. from. Whole Town. Surplus to the New York State Department of Environmental Conservation as a penalty for alleged violation of Part ,215 of Title 6 of the Codes, Rules, and Regulations of the State of New York. Vote of the Town Board: Ayes : Deputy Supervisor. Demarest, , Councilman Rich, Councilman Homan, Justice Suter, Justice. Doyen. This resolution was declared duly adopted. Mrs. Gladys Csajko asked why the Town felt they were so sure they would lose if they went to court in this matter, wouldn' t it come under emergency type action?---Deputy Supervisor Demarest stated there was a fire there and they were. in violation. ---Mrs. Csajko asked if it. would cost more to fight the case?---Deputy Supervisor Demarest stated- it definitely_ would.---Mrs. Marie Johnson suggested that in the future rather than burning the wood it be given out for firewood.---Deputy Supervisor Demarest stated that is not what was being burned, the larger wood was separated out already. On motion of Justice Suter, seconded by Councilman Rich, it was RESOLVED that $20, 000. 00 of anti-recession funds be allocated to Item I, Highway Department, DR5110. 1 Personal Services. Vote of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter, Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Rich, seconded by Councilman Homan, it was RESOLVED that $2818. 76 of anti-recession funds be allocated to Assessors, A1355.4, Personal Services. Vote of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter; Justice Doyen. This resolution was declared duly adopted. On motion. of Justice Doyen,. seconded. by Justice Suter, it was RESOLVED that the Town Board of the Town of 'Southold approves the action of the Fishers Island Ferry District to advertise for bids for the hauling and maintenance of . the Mystic Isle . Vote of the Town Board.: Ayes : Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter, Justice Doyen. This resolution was .declared duly adopted. Mrs. Marie Johnson asked what the transfer of $2818. 76 to personal services meant?---Deputy Supervisor Demarest stated it was for salaries, another employee, Jack Sherwood was hired effective September 16th. Mr. Sherwood had 27 years of experience in that type of work with Van Tuyl & Son. He is very well qualified, and has been hired on a. .temporary baois;awaiting_. approval from civil service to hire him on a permanent basis. ---Mrs. Gladys Csajko asked if the transfer into Highway personal services means that the highway may run .over their budget?--Deputy Supervisor Demarest stated they may very well, if we run into a lot of bad weather such as we had last year we may very well short. The money from the federal government for anti-recession funds can only be used for payroll. We must allocate the anti-recession funds within six months after it is received. The money that is being allocated today was received the first of April. The odd amount accounts for about $700. 00 interest. There is another' allocation which is drawing interest, which was received the first day of July. Something must be .done with this money by the first of_ January.--- , Mrs. Charles Hickey asked what the approximate amounts of the alloca- tions are?---Deputy .Suprrvisor Demarest stated that the original amoutn of $22, 000, the first last November was $19, 000, and the one in July was about $26, 000.-.--Further discussion .relative to anit-recession dunds.---Mrs': Johnson asked if the use of the funds was enabling the Town to akke on extra people that they would not ordinarily hire?---Deputy Supervisor Demarest stated that they have taken on only one extra person, Jack Sherwood in the Assessors Office, in the last two years. The other people hired have been under the CEDA program. 320 CEP; 2 8;,gglT On motion of Councilman Homan, seconded by Just-ice Suter, it was RESOLVED that a recess be . called at 3 :30 P.M. for the purpose of holding a public hearing in the matter of the proposed use of Federal R6venue Sharing Funds. Meeting to resume following the hearing. Vote of the Town Board: Ayes ; Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter, Justice Doyen. This resolution was declared. duly adopted . (Meeting reconvened at 4 :00 P.M.) Deputy Supervisor Demarest: 21. The contract has been signed for the purchase of land north of the Town, Hall to be for an exit road in conjunction with other land. 22. Town Attorney Tasker has been asked to look into an ordinance on self-service gas stations. He- has been ill most of the time since the last meeting. 23. Shelving for the Historian's records has been discussed and the Supervisor will be asked to look into ordering them. 24. . The Board is considering employing a custodian for- the Town Hall at $3 . 50 per hour. One individual has been interviewed up to the present time. 25 . There are some assessment reductions which must be discussed with the 'Assessors on certain individuals who have brought petitions against the Town. If a settlement cannot. be worked out the matters will have to go to court. The question was asked if there is new on the HUD funds for the Senior Citizen-Youth Center?---Deputy Supervisor Demarest stated nothing more has been received recently. Mr. Gus Hartofelis asked clarification relative to the proposed addition to the restaurant at his tourist camp. ---Deputy Supervisor Demarest stated they must find out whether there is enough property for the addition. When a certain amount of area is allocated for eaeh ,ao.ttage, whether there is enough area for the addition.---Mr. Hartofelis stated they have changed their plan to an awning type addition. ---Deputy Supervisor Demarest stated it is still a structure, and if there is not property enough they would have to go to the Board of Appeals. The building department will compute the area and the number of buildings and how much area is required for those buildings and they will determine whether a building permit can be issued. A gentlemen expressed his feelings on being in the auditorium and meeting.- When it was first thought about having a town hall, he is now thankful it was build on this site and very impressive, thanks to the efforts of the Town Board and -towns people. On motion of Councilman Rich, seconded- by Justice Suter, it was RESOLVED that the Town Board of the Town of Southold accepts the amount of $90, 000. for a bond fon saa.ds 'and improvements at Blue Horizons, Section I, and $110, 000.00 amount for a bond for roads and improvements at Blue Horizons , Section II, Peconic, New York. Vote. of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter, Justice Doyen. This resolution was declared duly adopted, On motion of Councilman Homan, seconded by Councilman Rich it was RESOLVED that the Town Board of the Town of Southold set 3 :30 P.M. , Tuesday, October 25, 1977 , Southold Town Hall Main Road, Southold New York as time and place for hearing upon the application of Leo . Stack, 800 Strohson Road, Cutchog.ue, New York for a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to deposit eight yards of sand from pool excavation in front of the pool on the creek bank to support the bulkhead on " his property on Mud Creek, 800 Strohson Road, Cutchogue, New York.. 3` $EP` 2 8' 1977 All persons interested in said matter will appear at the time and place above specified and will be given an opportunity to be heard. Vote of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter, Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that a renewal permit is hereby issued to Leander Glover, Jr. residing at Cutchogue, New York, for the excavation of sand, gravel stone or other materials from premises located north of Middle Road, (Route 27) Cutchogue, New York, generally described as follows :to wit: Parcel I - Northerly by lands of. Glover; easterly by lands of Glover and Mc Bride; .southerly by lands of Pietrewicz and the. Town of Southold; and westerly. by lands of the Town of Southold. Parcel II - Northerly by lands of L. Glover easterly by lands of J. Pratt and F. McBride; southerly by land of Pietrewicz; and westerly by Town of Southold. ,. This permit is issued pursuant and subject to the provisions of the Southold Town Code, Chapter 81, Soil Removal, and subject to the terms and conditions of resolutions- of the Southold Town Board adopted October 26 , 1971, August 8, 1972,, September 11, 1973 , September 24, 1974, December 9, 1975 and December 23, 1975. Vote of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich Councilman Homan, Justice Suter, Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Homan, seconded by Councilman-Rich it was RESOLVED .that the Town Board of the Town of Southold .accepts the lowest bidder H.O. Penn Machinery Company, Inc. , Westbury, New York for one used Caterpillar Model D7 w th gasoline starting engine . full width blade, and four cylinder diesel engine s/n 3T11319 at $2, 220.00 Vote of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich, Councilman Homan . Justice Suter, Justice Doyen. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Justice Doyen, , it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 4 :15 P.M. Vote of the Town Board: Ayes : Deputy Supervisor Demarest, Councilman Rich Councilman Homan, Justice Suter, Justice Doyen. This resolution was declared duly adopted. udith T. Terry Town Clerk