HomeMy WebLinkAboutTB-11/29/1977 "NOV`2 9 7:7 375:
SOUTHOLD TOWN BOARD
November 29, 1977
A regular meeting of the Southold Town Board was held on Tuesday,
November 29, 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. Martocchia
Councilman James H. Rich, Jr.
Councilman James Homan
Justice Martin Suter
Justice Louis M. Demarest
Town Attorney Robert W. Tasker
Town Clerk Judith T. Terry
Absent: Justice Francais T. Doyen
On motion of Justice Suter, seconded by Justice Demarest, it was
RESOLVED that the Southold Town Bpard minutes of November 10 , 1977
and Novemberl5, 1977 be and hereby are approved as submitted.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilrrian -Homan, seconded by Councilaa n Rich, it was
RESOLVED that the next ' regular --meeting of the Southold Town Boad.d
will be held at 3 :00 P.M. , Tuesday December 6, 1977 at the Southold
Town Hall, Main Road, Southold, New York
Vote of the Town Board: Ayes : Supervisor 'Martocchia, 'Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Ma-rtocchia :
1. Reminder of the Corps gf Engineers hearing, Public
Notice No. 9105 relative to the LILCO Jamesportjetties on
December 8, 1977 at the Riverhead Senior HighSchool on Osborne
Avenue at 7 :00 P.M.
2. Receipt of a letter from Newton E. Faulkner, Secretary
of the Nassau Point Property Owners Associatiori relative to areas
on Nassau Point that are extremely low and constantly fill up with
water and cause hazardous driving, especially in the winter when
freezing takes place. Three sites - are mentioned, in addition to
a fourth site on Skunk Labe. This-matter has been referred to
the Highway Department.
3. A letter, directed to Highway Superintendent Dean, has
bren 'received from Robert Morgado, Secretary to Governor Carey
stating that the New York Commissioner of Transportation has
assured him they plan to implement an increase in the number of
snow and ice control trucks and front-end loaders, and under
consideration is an addition of eight truck drivers to the existing
force. The Department of Transportation expects to give acceptable
service for snow and ice control in' the Town of Southold this winter.
4. Receipt of a letter from Edward A. Lademann, Jr. asking
to be considered for the-position of " Building Inspector when` a
vacancy becomes available. ' There will be a vacancy January l-, 1978
when Senior Building Inspector. Howard Terry- retires' 'on December 31st.
5. Letter from Du-Rite Printing and Mailing Inc. , West Islip
stating their company was the successful bidder to do- the excess
printing _requirements for the County of 'Suffolk Most of the town's
printing is done locally.
376 Wov._2 9
6. Invitation to attend an Eagle Court of Honor for Andy
Ficurilli, Kerry Heaney, Burt Parks on Friday, December 2 , 1977
at 8 :00 P.M. at St. Agnes Hall, Greenport. All of the board
members have been invited to attend.
7 . Receipt of a post card from Captain High L. Switzer, a
long time resident of Goldsmith 's Inlet,- protesting the removal
of the jetty.
8. Letter from the Mattituck Chamber of Commerce, directed
to Austin Emory, Regional Director of the New York State Department
of Transportation, asking for assurances that Route 25 between Laurel
and Mattituck will remain open to traffic at all times during the
construction of' a By-Pass road in 1978.---Chief Carl Cataldo ..stated '.
the bulk of construction will take place on the acquired property
and not the Main Road, the disruption to the Main Road will be minimal.
On motion of Justice Suter, seconded by Councilman. Rich,
WHEREAS the Southold Town Board by resolution dated October 28, 1977
advertised for sealed bids' for Main Bayview Road Improvements, Federal
Project No. 01-51-22357 . 1 and
WHEREAS on November 14 , 1977 at 10,:00 A.M. four sealed bids were
received and opened and the firm of . Lyon & Reboli, Paving Contractors ,
Inc. , Comsewogue Road, East .Setauket New York were. determined to be
the lowest besponsible bidders , now, therefore, be it
RESOLVED that Lyon !& Reboli, Paving Contractors, Inc. , Comsewogue
Road, East Set auket, New York be and hereby are awarded the contract
fbr the Main Bayview Road . Improvements, Southold, New York, Federal
Project No. 01-51-22357. 1,, at bhe bid amount o.f $233', 759. 00 (Alternate
1 - less $13.,475. 00) ,, and be it further
RESOLVED that Supervisor Albert M. Martocchia be and he `hereby
is authorized to enter into a con.tract, with Lyon & Reboli . Paving
Contractors, Inc. for the Main Bayview Road Improvements, .Southold
New York, Federal Project No. 01-51-22357. 1.
Vote of the Town Board: Ayes; Supervisor Martocchia, Councilman .
Rich, Councilman Horan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Suter, , it was
RESOLVED that Supervisor Albert M. .Martocchia be and heahereby is
authorized to advertise for bids .'for the purchase of fuel .oil,. '
effective January 1, 1978, for the Town Hall,' fJustice Court
building and Highway Department buildings.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia:
9— Receipt. of a. letter of request from Dr. Lawrence T. Waitz,
Treasurer of the. Incorporated Long Island Chapter, New YorkState
Archaeological Association, Southold, New .York for funds. They state
the Town gave them *500. 00 last year `and find they have a deficit of
0601. 18 for the first nine months of 1977 . The Board feels they
cannot exceed the $500. 00.
On motion .of Councilman Rich, seconded by Councilman Homan, it Was
RESOLVED 'that the Town of Southold contribute $500.' 00 to the
Incorporated Long Island Chapter, New York State Archaeological
Association, Southold, New York.
Vote of the Town Board: ,Ayes : . Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Moved by- Justice Demarest, seconded by Justice Suter,
WHEREAS Eleanor L. Ruch, . as Executrix of ,the. Estate of Valentine
Ruch, IV, deceased, applied. to the . Southold Town Board for a permit
under the provisions of the Wetland ' Ordinance of the Town of Southold,
application dated July 25, 1977 , and
WHEREAS Isaid application was referred" to the Southold 'Town -Trustees
and to the Southold Town Conservation Advisory Council for their findings
377`.
NOV 2 s ti�7T
and recommendations , and
WHEREAS a public hearing was held by .the Town Board with respect
to said application on the 15th day of November, 1977 , at which time
all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that Eleanor L. Ruch, as Executrix
of the Estate of Valentine Ruch, IV, deceased, be granted permission
under the provisions of the Wetland Ordinance of the Town of Southold
to deposit approximately 1500 cubic yards of clean fill to secure a
5 ft. elevation in an area between Middle Road and a line determined
to be 100 ft. from the ordinary high water mark of Arshamomaque Pond,
Middle Road (C.R. 271 , Southold, New York, PROVIDED a method of
retaining the fill at the southern boundary .100 ft. from Arshamomaque
Pond be established and approved by the Building Department.
Vote of the Town Board_: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Moved by Councilman Homan, seconded by Councilman Rich,
WHEREAS Albert L. DeLauro applied to the Southold Town Board for a
permit under the provisions of the Wetland Ordinance of the Town
of Southold, application dated September 20, 1977 , and
WHEREAS said application was referred to the Southold Town Trustees
and the Southold Town Conservation Advisory Council .for their findings
and recommendations , and ._
WHEREAS a public hearing was held by the Town Board with respect to
said application on the 15th day of November 1977 , at which time
all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that Albert L. DeLauro, 140 Caroline
Road, Paramus , New Jersey be granted permission under the provisions
of the Wetland Ordinance of the Town of Southold to extend and re-
enforce bulkhead return to prevent erosion of soil into ,channel at Lot
43 , Harbor Lights Estates Section 2 , . Harbor Lights Drive,/ Southold,
New York. on a dredged canal to Town Harbor
Vote of the Town Board: Ayes : Supervisor Martocchia , . Councilman .
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia :
10. The application for a change of zone at Orient by Barbara
and William Schriever is being held over for .further consideration
before the Board make a decision.
11. The Board has received a request from Building Inspector
Howard Terry relative to his retirement and payment adjustment for
30 sick days and 30 vacation days due him. The Board fee.lt. the
requests are in order and should be paid..
. Moved by Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that the Town Board invites sealed bids to be presented
to the Town of Southold by General Contractors, to. be received
by the Town Clerk. in . the Town Hall .53095 Main Road, Southold, New
York, 11971 on or before 10:00-A.M. . Prevailing Time. on December 8,
1977 at which time they will be publicly opened and read aloud; the
contracts for all work will be awarded as soon thereafter as
practicable .for the
TOWN HALL .ADDITION
TOWN OF SOUTHOLD .
SUFFDLK,COUNTY, NEW YORK
Information for Bidder, Forms of Proposal, Contract Agreement,
Specifications , Drawings and all other bidding documents can be
examined at the Town -Hall between December , l, 1977 and December 8,
1977 . Copies of the above may be obtained at the Town Hall,.
A deposit of $25. 00 will be required for .each set of- Contract
Documents. Any bidder returning sets within thirty (30) days
after bid opening and in good condition will be refunded his
deposit in full Any non-bidder,.returning sets in good condition
will. be .refunded one-half his deposit.
This project is Federally Funded by the Economic Development ,,,
administration under the Public Works Employment Act of 1976.
All bids must be submitted in brown sealed envelopes with' tlie
following data clearly indicated:
1. Federal Project Number: -01--51-22356
2 . Title: Tpwn Hall Addition
3 . Date od' Opening : ' December 8, 1977 z
4. Time of Opening: 10 :00 A.M.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman-
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Councilman -Homan, it was
RESOLVED that $20.00 be transferred from the General Fund Unexpended
Balance to A3610.4 Board of Assessm'ent' Review, and $110. 00 be
transferred from the General Fund Unexpended Balance to A7140.4
Recrea.ttonal Center.
Vote Councilman
Rich, Councilmari' Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
(Supervisor Martocchia explained that the $20.00 transfer to the
Board of Assessment Review- was due to the fact the Board of Housing
Appeals was also incorporated in that account and they ran $20. 00 -
over what they expected. The $110. 00 breaks down to an appraisal
by William Smith in the amount of $35 ,00 for the recreation center
and $75.00 for a survey by Van Tuyl. After this is paid the Town
submits a paid bill to the County and they will reimburse the Town
from a $53,000 credit we have. )
` t
On motion of Justice Demarest, seconded by Justice Suter, it was
RESOLVED that $769.66 be and hereby is transferred from the Fishers
Island Ferry District Theater Account to the Airport Account.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Demarest, it- was
RESOLVED that $37 , 500. 00 be and hereby is encumbered from the un-
expended balance 1977, Fishe Island Ferry District, for a Bow
Thruster for the new Vess
Vote of the Town Boara• Ayes : Supervisor Martocchia', Councilman
Rich, Councilman Hom Justice Suter, Justice Demarest.
This resolution wa declared duly adopted.
On motion of C,9�ABcilman Homan, seconded by Justice Suter, it was
RESOLVED that the name of Anthony Blados , Cutchogue, New York, be
and hereby is recommended to Ronald Buckingham, Director of Fire
. Sataty, Yaphank, New York, as the Southold Town representative to
the Fire Advisory Board.
Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman'
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adapted_
Supervisor Martocchia :
12. A request has been received from the Police Department
that a stop sign be placed on Matthews 'Lane, Cutchogue, to regulate
traffic going onto Cox 's Lane, 'and a stop sign be placed on Highwood
Road, Southold to regulate traffic going into North Bayview Road.
The study was made by Patrolman Sidor. The Town Highway Committee
and Highway Superintendent will study the request before a hearing
1
is held for entering these signs into the 'Vehicle & Traffic Ordinance.
13. Rec6�-pt of a letter from Building Inspector Howard Terry
requesting the Board to adopt an ordinance banning the use of
aluminum wiring inside ' of buildings. Mr. Terry attached a copy
of an article in "Engineering News Record" pertaining, to this subject.
Supervisor Martocchia stated the Board has considered such an ordin-
ance and-the Town Attorney has .studied it. The matter will be pursued
further.
379
On motion of Councilman Homan, .seconded by Councilman Rich, it was
RESOLVED that audited Highway bills in the amount of $1017.40, and
General Fund bills in the amount of $1160. 20 be and hereby are ordered
paid.
Vote of the Town' Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, ' Justice Suter, j-ustice Demarest.
This resolution was declared duly adopted.
On motion of Justice Demar.est, seconded by Justice Suter, it was
RESOLVED that the Town Board of the Town of Southold accepts a
$90 , 000. 00 bond for hhe roads and improvements in Blue Horizons, Section
I, Pecnnic, New York, and a $110, 000 . 00 bond for roads and improvements
.in Blue Horizons , Section II, Peconic, - New York, owned and
devlloped by C.P .F. Land Corporation. '
Vote of the Town Board: Ayes : Supervisor.Martocchia , Conncilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly- adopted.
Supervisor Martocch-ia,, stated that cons- de' r-abI6e .: time was spent
today discussing the Year III HUD resolution. A resolution was
sent to the Board for adoption which was contrary to what was
agreed to by the Board two or three years ago. The Town has
lived up to the letter of the law of what HUD required of us .
Under Stage IIIwhereby the Town 'would receive $93 , 000. to complete
the recreation center at Peconic. There is $52 , 000 credit with
the County Of Suffolk under stage II. HUD has incorporated into
the Stage III resolution ' conditions which the Town has not agreed
to . The Board has modified the resolution, hoeaver, it is unknown
whether HUD will accept the Town' s version.
Moved by Supervisor. Martocchia, seconnded by Justice Suter,
0EREAS , The Town of Southold has executed
a Copperation Agreement with the County of -Suffolk
for the purposes of receiving Federal Community Development .. .
funds under the Housing and Community Development Act of
1974 (P.L. 93-383) ; and
WHEREAS, The Department- of Housing and Urban
Development (HUD) . has approved the 'Year .III application of
Suffolk County upon condition that the 'County and the Consortium
members provide. assurances in the form- of certified -local--
governing -body resolutions 'that each cooperating municipality -
will take positive' action necessary-for the development of -
its proportionate share , of the housing units called -for under
the current Housing Assistance Plan' and will not impose . any
unreasonable impediments to the development of such units -
called for under the Housing .Assistance Plan, and
WHEREAS the Secretary requires assurance that
affirmative steps will be taken to impelmeh.t the Suffolk County
Housing Assistance Plan as a condition to the receipt o-f 'Year
III Community Development funds by the Town -of Southold .for
various projects or activities as. deccribed- in the approved
Application, Now, therefore be it
.RESOLVED, that the Town of Southold hereby
acknowledges its commitment to the goals of the -HAP, as
approved by HUD; and be-it further
RESOLVED that the Town of -Southold asserts that.
it has heretofore set aside various 'parcels of land for the
development of its' s!hare of the -housing units called for
under the current Housing Assistance -Plan and that it will
not impose any unreasonable inipediments -to such -'housing development
provided that the same comply with all local laws and
regulations of the Town of Southold.
Vote of the Town Board: Ayes : Supervisor Martocchia ,. Councilman
Rich, Counclman `Homan, Justice. Suter;_ Justice Demarest
This resolution was, declared duly adop:t0ad:
Mr.- John B. Tuthill President, and Robert J. . Douglass . Trustee
of the Oysterponds Rod and Gun . Club., Inc. , _ a.ppeared_ before the
Board and Mr. Tuthill read the following letter;
384 NOV 2.9° 19770
"At a special meeting .og :the Oysterponds Rod & Gun Club Board of
Directors on 11/22/77 the subject of New York_ State- and -Suffolk-
County opening ,a bow and arrow deer season throughout Suffolk
County was discussed.
After considering all sides and--possible problems that. .
this might cause, it was votedvto .present you the Southold
Town Board with a written and personally presented request
that you pass an ordinance closing Southold Town to such a
deer season, and influx of out df town hunter problems.
It was also brought to our attention that the State was
considering opening the state park to ..this hunting. It is
against what we believe the Orient people desire for, the .park
land that they gave, for as it stands now it is a sanctuary
for birds and animals and our belief -that this is how it should
remain.
If one species is to be hunted all others will also be
invaded. We therefore request that you attempt to stop any
such move as this through your influence with our other
governing bodies .
Mr. Tuthill stated that the State ,of New York has opened up Suffolk
County from. December 5th through 30th for deer hunting with a bow
and arrow. He would like to see Southold Town ban such a season.
Town Attorney Tasker stated he does not believe Southold Town can
introduce such a ban. ---Justice Demarest stated the. only. .thing
Southold Town can close it to 'is - the local season with guns , that
is a local option. There is no local option on bow and arrow.
If the people in Orient are concerned,. - and the Gun Club., the Gun_
Club can stop anyone from hunting on -property controlled by the
Gun Club. ---Mr. Tuthill stated that -it is not all posted; because
there are certain people who don ' t want their land posted, and they
are the ones against this the -most. ---Justice Demarest- stated that
to hunt the hunter must have permission- from the land owner.---Mr.
Douglass asked about the State park situation, they have opened
other S4a.te parks, and a word from _the Town might help prevent
this from happening.---Supervisor Martocchia stated he will make
some calls to the proper agencies to see what can be done. ---
Justice Demarest stated that the bad part about this season is
that nnyone with a bow and .a.r.row can go deer hunting. Anywhere
.wlse in the State of New York .where bow hunting is allowed the hunter
must have a special ..permit- The State ' s explaination is that they
did not have time to set up a testing program for .Long Island ---
Mrs. Gladys Caajko asked if this season included shooting. deer with
guns also?---Supervisor Martocchia stated it is just bow and arrow.
(Considerable discussion followed.) ---Mr. William Pell III suggested
that the Town . go to the DEC and asked that Southold Town be removed
from the area for bow and arrow hunting. Supervisor Martocchia
stated ,he will make an attempt to do that.
Mrs . Gladys Csajko asked, on the rebid of the town hall addition if they
are putting out the same specifications of have they been changed?---
Supervisor Martocchia stated they will be the same -specifications , - but this
time only for the construction of the building.---Mrs . Csajko asked what
will happen if they still do tot get any bids?---Justice Demarest stated
he believes if that happens the federal government will allow the
town to sit down with a contractor to try to reach a negotiated contract.
One of the things that makes it so difficult for such a relatively small
project, is the number of reports ,- the fact a certain postion of the
work must be done by minority people and reports must be submitted to
determine these people are on the -�ob. -. The bookkeeping is -so extensive,
"and some of ,the contractors have beeninvolved in these projects before
and they don ' t want any part of it.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 3 :50 P.M.
Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
"Ju ith T rr
own &e r�C y