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HomeMy WebLinkAboutTB-12/20/1977 391 SOUTHOLD TOWN BOARD December 20, 1977 A regular meeting of the Southold Town Board was held on Tuesday, December 20, 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 Francis T. Doyen ` On motion of Councilman Homan, seconded by Justice Suter, it was RESOLVED that the Southold- ' own Board minutes of meetings held on December 6 , 1977. and special meeting of December 15 , 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 Councilman Homan, seconded by Justice Demarest, it was RESOLVED that the next regular meeting of the Southold Town Board will be the Organizational meeting to be held at 3 :00 P.M. , Tuesday, January 3 , . 1978 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman .Hsbman, Justice Suter, Justice Demarest. This resolution was declared duly adopted. (Supervisor Martocchia stated that the swearing-in ceremonies for the public officials will be held at the Southold Town Hall, Main Road, Southold, New York at 10 :00 A.M. , January 2, 1978. There will be light refreshments and family and friends are invited. ) On motion of Councilman Homan, seconded by Councilman- Rich, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund bills in the amount of $50, 661. 99; Fishers Island Ferry District bills in the amount of $11,451.81; and Highway Department bills in the amount of $12 , 606.60. 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 Justice Suter, it was RESOLVED that $24, 619. 93 be and hereby is ordered transferred from Town General Funds Surplus to : Town Board, Contractual A1010.4 - $219. 30 Justices , Contractual A1110.4 - $565 . 16 Supervisor, Contractual A1220.4 - $41.48 Assessors, Contractual A1355 .4 - $538. 53 .Town Attorney, Contractual A1420.4 - $71. 78 Buildings, Contractual - A1620.4 - $3 , 699. 15 (salt building) 392., d t9J7 Traffic Control, Contractual A3310.4 - $49. 58 Refuse & Garbage, Contractual A8160.4 . - $559:45 Unallaocated Insurance A1010.4 - $18,875. 50 and be it further RESOLVED that $20, 736.85 be and hereby is trans- ferred from Part Town Surplus to Bay Constable, Contractual B3130.4 - $194.35 Unallocated Insurance B10-10.4 $20, 542 . 50- 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 Councilman Rich, WHEREAS William and Barbara Schriever by application dated March 22, 1977 petitioned the Town Board of the Town of Southold for a change of zone on certain property situated at Orient, New' York, from "A" Resdiential and Agricultural District to "B" Light Bueiness District, and WHEREAS the said petition was referred to the Southold Town Plan- ning Board .and the Suffolk County Department' of Planning for official recommendation and report, and WHEREAS, the Town Board pursuant to due notice, held a public hearing thereon on the 15th day of November 1977 , at 7 :30, P.M. at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that William and Barbara Schriever be and hereby are denied the relief demanded in said petition for the following reasons : 1. The requested change is inconsistent with the Town of Southold Development Plan. 2. It is inconsistent with the residential pattern of zoni.rag and character of the area east of Tabor Road. 3 . The resultant increase . in traffic generation wuuld be ptoentially hazardous to children attending Oyster-Ponds Union Free School on the north side of Main Road. 4.. The proposed change would constitute the unwarranted extensive encroachment of business zoning ' into a residential ... district ana would be .considered spot zoning. Vote of theTown Board: Ayes : Supervisor Martocchia , Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resoltuion was declared 'duly _adopted. Supervisor Martocchia : 1. Receipt of a letter from John Bianchet, Administrator II, Suffolk County Office for the Aging relative to Title IV-A of the Older Americans Act - Training Session Agreement. Before the Town Board takes any. action on this proposed agreement they will talk to Mrs. Mary Tuthill of ' the Nutrition Program to determine her feelings on the matter. 2 . Letter from the Suffolk County Police Department relative to their arson squad. They, wish to supplement it with additional personnel from other than police fields. They recommend that a member of the building department from the Town of Southold be included ocn this board. The individual they recommend is Howard Terry, who is retiring December, 3'lst. The Board will send another representative fromthe Southold, Town, Building Department. 3. Receipt of. a letter from Anthony Noto, Suffolk County- Legislator, 12th Legislative District relative to Introductory Local Law # L.I.I.I. Resolution #1001 which is a Local Law in estab- lishing standards and procedures for rental housing for the Department of, Social. Services in the. 'Coufity of Suffolk. This proposed local law has been vetoed by the Suffolk County Executive and today the County Legislature is going to over the County Executive. The Town will abide by whatever decision is made by the Legislature. 4. Receipt of a check in . the amount of $51, 725. O.O' fr6m the Suffolk County Treasurer representing the mortgage talx allocation due the Town, of Southold for the six month period ending September 30 , 1977 . 393 b C ''ZI A977 l' 5. he Board has proposed ordinances for aluminum wiring and self-service gas_ .stations. They would .like. "ro .have comments from the .. local fire departments. -before a hearing .is scheduled on,, the proposed laws. 6. Receipt of a letter from .Councilwoman Mary A. .Fallon of the Town of East Hampton. The new administration will not . consider FHA loans f.or homes .on pr;ivate roads. The Town of East Hampton would like the Town of Southold to support their position:.:- Mrs.., Fal.lon has written letters to -.Senator Jacob Javits and, Congressman •Otis" P.ike.. The Town will await Congress- . man Pike'.s . reply. 7 . Letter .from.. the United .States Coasa Gus-rd' Auxiliary Walter G. Seely, . DCP relative to a, .vessel the-.Town has in their possession at this time 'and want to return to .the Office of . Emergency Preparedness. ---Justice Suter stated that the commander of .the= east end division has written to the Town stating .he is not in a-.,-position to comment -.as he has. not received any, information. Commander-. O'Neill :who. is .the commander of the group in Mattituck does not wish to make any comment until he has checked with his group. The- Town should await unti=l these individua-ls reply to the Town. 8. Letter from Dr. Paul M. .Ross" r.elative.. to a program -he has. in mind called "Fit-Trail" . It consists basically of an exercise course which can.. ".be layed' out in accordance.. with .the town .planning and 20 exerc= se stations with. ins.tructions. o.n specific exercises with the appropriate signs..:and- equipment necessary. to perform .the .exercises. The Board has looked over the program, and will make copies of the brochure and send 'it; to the -.thre-e .lbc.aa schools to .see if they wish to think about it and put it into their programs for adults. . 9. Letter frmm Gary Flanner Olsen,...Esq. .relative �to Leisure . Greens, Inc. , Cutchogue. Mr. Olsen wishes ho action be taken at this time until he has an opportunity to discuss the matter- further with his client. 10. • There i's presently- a. problem .in Matti,tuck Inlet with barges double parking: - The Town Trustees .have .objected -to. pling being installed. ..-The .matter. is .being :referred back to,,--the Town Trustees`:for whatever. action they ,wish to take. 11. The matter of the. sign, Item 19 on the agenda., will- not - be acted upon. The sign will be paid for by the general contractor. 12 Letter°•from Automatic Data Processing, the firm that handles".'the "payroll for the- Town. -.rela.tive to their ,proposal to handle :the.. unemploymenU'insurance .foc the Town:. : The` Board has agreed to take care of their own, unemployment. On motion of. Councilman .Homan, seconded by Counci:lman. Rich, it was RESOLVED that the Town Board of the Town of Southold hereby agrees to the rate i'ncrease from .$5..00 .to°.'$.10.00 by :Thomps.on Central=. Station Alarm Services, Inc. for their subcontract monitoring only service now provided for other licensed companies .connecting. directly to their equipment in Police Headquarters. Vote of .the Towri .Board: Ayes : .Supervisor. Martocchia, Councilman Rich, Councilman Homan, Justice .Suter, ..Justice Demarest. This resolution was declared:.duly adapted:`. . .. On motion of Justice Demarest, seconded by Justice Suter-, -it was RESOLVED that pursuant to the provisions of. Section. .284 of ,-the Highway Law, _the Town" Board of, the .Town of Southold agrees that moneys levied and collected for the .repair and ,improvement. of Highways, and received from the .State .for the repair and improve- ment of Highways., shall be expended. as follows.: GENERAL REPAIRS. The Sum of $570, 000.00 may be expended for general repairs upon . .; 177.42 miles of town highways, including sluices, culverts and bridges having a span of less. than five .feet and boardwalks° or .the renewals thereof: - This agreement shall take effect when it is approved by . the County. Superintendent of Highways.' Vote of t.Ye Town Board: Ayes :. Supervisor Martocchia, Councilman Rich, Councilman Homan, "Justice Suter, ; Justice Demarest. This resolution was declared duly adopted. 394 0C';2`0 ng � On motion of Councilman .Homan, seconded by Councilman Rich, it. was RESOLVED that $3 , 500.:00 be and hereby is transferred from Highway Item I, General Repairs Personnel Services DR5110. 1 to Highway Item I, General Repairs Contractual DR5110.4. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. On motion of Justice Suter, seconded by Justice Demarest, it was. RESOLVED that $3, 900. 00 be and hereby is transferred. from Highway Item III Surplus to Highway Item III Machinery Contractual DM5130.4 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 Justice Demarest, seconded by Councilman Rich, it was RESOLVED that $1, 500.00 be and hereby is transferred from Highway . Item IV State Retirement DS9110.8 to Highway Item IV Contractual Miscellaneous DS5140.4 Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, 31ustice Demarest. This resolution was declared duly adopted. On motion of Councilman Rich, seconded by Justice Suter, it was RESOLVED that $3, 950. 00 be and hereby is trangferged. from Highway Item IV State Retirement DS9010.8 to Highway Item IV Contractual, Snow and Ice Removal DS5142.4 Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopted. Supervisor Martocchia : 13. The Board is planning on placing chain link fence in the rear of the Town property, along property acquired to give access to Traveler Street on the north. Some estimates have been received and money has been set aside for this purpose. One estimate for 4 ft. chain link fence 445 ft. in length would be $1, 387. 00, which is quite reasonable. On motion of Councilman Homan, . seconded by Justice Demarest, it was RESOLVED that Supervisor Albert M. Martocchia be and he .hereby..is.,- . authorized to sign a ,contract .with William B. Smith, Southold,- New York for the lease of office space for Justice Rich, effective January 1, 19/u at the cost ot ' $85. 00 per month plus all utilities to be included. Location of the otf ice, ; south side Route .2 /A, Southold, New York. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, :Justice Demarest. This reolution was • declared duly .adopted. On motion of Councilman Homan, seconded .by .Councilman Rich,. it was RESOLVED that the application dated November 22., 1977 submitted by Smauel Brown, requesting a six months renewal .of his single family trailer on the west side Tuthill 's Lane, Cutchogue be and hereby is renewed for six months. Vote of the -Town Board: Ayes : Supervisor. Martocchia, Councilman Rich, Counc.ilman .Homan, Justice Suter,. :Justice Demarest. This resolution was declared duly adopted. On motion -of .Councilman Homan, seconded by Justice Demarest, it was RESOLVED that Bond No. 7262 BCA issued by The Aetna Casualty ans Surety Company in the name of .'George Mellas , Tax .Receiver, Town of :Southold 'iri the amount of $100,,000.00 be and hereby is- approved as to its .,form, manner of ,execution,. and sufficiency of sureties therein. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice •Suter, Justice Demarest. This resolution was declared duly adopted. pt :o 1977 39S On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that $18, 922. 36 be and hereby is transferred from Fishers Island Ferry District Repairs of Buildings and Docks to : Operation of Ferries - $18, 327 . 37 Office Expense - $369. 99 Commissioners Fees Account " $225. 00 and $2,466. 51 be and hereby is transferred from Repair to the Ferry Account to: Insurance Account -- $555. 00 Ferry Account - $1, 911. 51 and $1, 308.82 be and hereby is transferred from Repair to the Ferry Account to Operation of Ferry - $923 . 99•• Office Expense - $94. 73 Mail - $200.00 Attorneys Fees - $76. 00 New Ferry Account - $14. 10 Vote of the Town Board: Ayes : Supervisor Mar.tocohia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This. resolution was declared duly adopted. Supervisor Martocchia : 14. The Supervisor has made some final contacts with the State of New York with reference with snow removal; ice control, sanding, salt, etc. and yesterday the agreement forms were received. --- Town Attorney Tasker stated the Town Board was contemplating a one year contract, but the contract is for a term of three years at the minimum. Also, the Town was contemplating subcontracting the work with private contractors and the contract prohibits this. They may only subcontract with another municipality. Also, it was contemplated the "sand materials" would be supplied by the State aiid the contract specifies the Town pay for that themselves and seek reimbursement later. It was contemplated. there would be an admance deposit to the Town to pay for the contacted work, but the:;'%contract does not provide for it. It provides for 1/4 payment in December, 1/4 in January, 1/'4 in February and the balance not later than next July. Therefore the terms and conditions of the contract don ' t appear to conform to the understandings that the Town beleived would be in the contract. ---Supervisor Martocchia stated that with all the given reasons it does not appear the Town can enter into this type of a contract and will not depend on the State to handle the work. Moved by Justice Demarest, seoneded by Councilman Roch it was RESOLVED that the resolution awa-rding the contract to the general contractor for the town hall addition Minnesota Construction Corp;:.:,-,.on':Decomber. 15, 1977 be and hereby is amended as :follows': WHEREAS the Southold Town Board by- resolution dated-November 22 , 1977 advertised for pealed bids for .the general construction of the Town Hall Addition, Federal Project No. 01-51-22356, and WHEREAS on December 8, 1977 at 10 :00 A.M. six sealed bids were received and opened and the firm of. Minnesota Construction Corp. , 24 Fort Salonga Road, Centerport', New York was determined to be the lowest• respo.nsible bidder, now , therefore, be it RESOLVED that Minnesota Construction Corp. , 24 Fort Salonga Road, Centerport, New York be and hereby is awarded the contract for the general construction , of the .Town Hall Addition,. Federal Project No. 01-51-22356 at the net bid price- of $147 , 300. 00. (Base Bid $160 000. 00 accepting alternates 2 , 8, 10 12 - $12 , 700. 00) , and be it further RESOLVED that Supervisor Albert M. ::Martocchia be and he" hereby is authorized to enter into a contract. with Minnesota Construction Corp for the general construction of 'the Town Hall Addition, Federal Project No. 01-51-22356 . Vote 'of theTown Board: Ayes : Supervisor Martocchia , Councilman Rich, Councilman Homan, Justice . Suter, Justice Demarest. This resolution was declared duly adopted. - Moved by Councilman :Rich, seconded by Justice Demarest, it was -396 DEC ;2 0.,i1977 RESOLVED that the resolution awarding the contract 't'o the plumbing contractor for the town hall addition,', Metro Plumbing East on December 15 , 1977 be and hereby is amended as follows : WHEREAS the Southold Town Board by resolution dated October 28, 1977 advertised for sealed bids for''the Town Hall Addition, Federal Project No,. 01-51-22356 .and WHEREAS on November 22, 1977 at 10 :00 A.M. two sealed bids were received and opened for the plumbing contract and the firm of -. Metro Plumbing East, P.O. Box 347, Aquebogue, New York was determined to, be the lowest responsible -bidder, now, thereoorw be it RESOLVED that Metro Plumbing East, P .O. 347., Aquebogue New York be and hereby is awarded the contract for plumbing installa- tion in the Town Hall Addition, Federal Project No. 01-51-22356 at the net bid price of $.19, 184. 00 ( Base Bid $22, 164. 00, accept- int alternate I - $2980. 00) , and be it further RESOLVED that Supervisor Albert_ M. Martocchia be. and he hereby is authorized to enter into a contract with Metro Plumbing East for the plumbing installation in the Town Hall 'Addition., Federal Project No. 01-51-22356 . Vote of theTown Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared_ duly adopted. On motion of Justice Demarest seconded by Justice Suter, it was. . RMOLVED that _the Town of Southold accept Savings Account Passbook # 0 10 16416 8 in. the name of Robert Waddington, containing the sum of $20 , 070. 34 in lieu of a bond for plumbing contractor for Town Hall Addition, Federal Project 01-51-22356 , Metro Plumbing East. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan', Justice Suter, Justice Demarest. This resolution was declared duly adopted. Mrs. Gladys Csajko. asked what the $570, 000. 00 resolution for the Highways pertained to?---Supervisor Martocchia. stated .that . it is part of his budget for next :year but he must receive.:authorization to draw upon it.----Town Attorney Tasker stated that under the provisions of the -Highway Law the Town -Board has to agree_ that the Superintendent , of Highways can use the funds he gets from State Aide for Highway repair purposes. Mrs . Caajko asked who is in charge of the .-town dump?---Supervisor Martocchia stated it is the Public Works Department, ;Mr. Raymond . Dean is in charge. ---Mrs. Csajko, .asked how many are employed there?--- Supervisor Martocchia stated there are three town employees- and, . . two CETA employees.---Mrs. Csajko- stated she was t.t the .dump this past week and the condition was terrible with garbage, papers., junk along the fence. ---Justice Dematest stated that the severe winds covered up gast enough, and unless the. requirement.. to tie .newspapers. and magazines is enforced, the problem will never be solved.--- Mrs. Csajko asked if some funds couldn ' t be obtained to hire a couple of kids to clean up the area ----Councilman .Homan. stated .it could be cleaned up. one day 'and when someone dumps a tuckk load of loose garbage and debris and the .problem is created all oeer again. ---Councilman Rich stated he agreed with Mrs. Csajko that it did look bad the other day, .but previous to that -he had .been. . there and thought how well it looked: There are many .factors that cause the problem from one day to the next. ---Supervisor . Martocchia stated he observed the same .problem as Mrs:. Csajko and went tight to the Highway Department and made a complaint. --= Mrs. Jean Tiedke said her husband had been there last week and said how well the disposal area was that particular day . Mrs. Csajko asked if there is any possibility .the temporary cover over the railroad overpass� cou,l•d become permanent after the project is completed?---Supervisor stated he will look into keeping if if it looks well when the project is completed. i 397 Justice Suter presented the following program for newly inducted Eagle Scouts Charles H. Smith, Drew E. Dillingham, Mattituck New Yokr and Kerry. Heaney, Burt Parks, Andy Ficurilli, ' Greenport New York---Justice Suter introduced the scouts to the Board members and stated the boys have already had their Eagle Court of Honor and received their awards through the officials of the Boy Scouts of America. In addition to thinks it would be very nice for the Town of Southold, the, oldest town in New York State to also take a few minutes of official time and place on the record the Southold Town Board presented to each of the boys. Everyone is quick to pick on the young people who do. something wrong, we should take a few minutes to show that those who do something good deserve a lot of attention and the Town Board of the Town of Southold is very aware of this. WHEREAS, through diligence and hard -,work in your daily living you have set high standards for yourself, and WHEREAS, the basis for development for yuur own personal code of conduct could not provide a better guidance and will contribute to a more meaningful life, and WHEREAS, you will continue to be guided in your daily living by the scout oath and code, NOW, THEREFORE, BE IT RESOLVED that Charles H. Smith Drew E. Dillingham, Kerry Heaney, Burt Parks and Andy Ficurilli has achieved the highest rank of scouting. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopted. Mrs. Csajko questioned Town Attorney Tasker relative to a - special exception being applied for by John Xikis to construct a motel and restaruant on the south side of Route 27 , west of Albertson Lane, Greenport, under Article VI, Section 100-60, Sub- section B. (1) (b) . ---Mrs. Csajko feels this matter should be for, a change of zone.---Town Attorney Tasker stated the property is zoned business which doesn ' t permit a motel except by Special exception. ---Mrs. Csajko feels they, are asking for a special exception from a special exception. ---Mr. Ta.tker stated he does not believe am6tel is permitted in a business zone without a special exception. They can have the restaurant as a matter of right in a business zone. The Code states, since the property is in a light business district, it permits under Section 100-60 A restanr,�Lnts, B is uses by special exception. One of the uses by special exception is any use which is allowed under subsection B93) , (4) and (5) of Section 100-50 which is the multiple dwelling district and (4) is hotels and motels .---Mrs. Csajko agreed to discuss the matter further after the meeting with Mr. Tasker. Mrs. Jean Tiedke asked if additional copies of Dr. Glaeser ' s report onthe LILCO jetties could be sent to the Corps of Engineers, members of the siting board, two examiners, Dr. Schwartz and Mr. Suss.---Supervisor Martocchia said they would take care of the matter. Mr. William Weinheimer asked when the tax bills were going out ?--- Supervisor Martocchia stated the official mailing hasn' t taken place yet. It all hinges on a new company receiving the contact this past year and there was a hold up of four months waiting for the old company to give the magnetic tapes to the new company. Therefore all the work has been four months behind. The new company Belmil has a three year contract and there .should be no further hold ups in the future. Supervisor Martocchia thanked Councilman James Rich for serving the Town of Southold in the Councilman position for the past eight years. He did a fine job and contriibuted extensively- to the Town Board as an official. Councilman Rich will become a Town Justice January 1, 1978. 9$ �EG..2.p 197T� Supervisor Martocchia thanked Justice' Demarest, his -"second- legal advisor" . Justice Demarest .has tremendous knowledge of the Town of Southold in his head over .the past 24 years. He has served in many capacities and -on many many different committees, Always served well, very intelligent in Town' governement. Excelled in the financial field of the To`nL Supervisor Martocchia has leaned on- Justice Demarest many times over the past-"years and he ha' s 'always -respondedone hundred percent. The appreciation of the entire Town is with him and well wishes for the coming years. 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 4 :00 P.M. Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman' Rich, Councilman Homan, Justice Suter, Justice Demarest. , Judith T. Terry Town Clerk