HomeMy WebLinkAboutTB-03/09/1976 41 2
MAR
" 9
SOUTHOLD TOWN BOARD MINUTES.. .
March 9, 1976
A regular meeting of the .Southold Town .Board was held. on. Tuesday,
March 9, 1976 -at the Town ,Board Meeting Room, 16 South. Street,
Greenport; New-York. ' Supervisor Martocchia opened the meeting at .
3:00 p.m., with the following. preseht:
Supervisor Albert M. Martocchia
Councilman James H. Rich, Jr.
..Councilman James Homan
Justice' Martin Suter
Justice Louis M. Demarest
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
-Town Clerk Judith T. Boken
Absent: Justice Francis 'T... Doyen -
On motion . of. Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that the February 20, .1976 minutes of a regular town board
meeting be 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 Justice Demarest, seconded by ,Councilman Rich, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3:00 p.m.. ,, Tuesday, March 2.3,. . 1976 at the Town
Board Meeting Room, '16 South Street, Greenport, New. York..
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 the February reports of Supervisor Martocchia, .
Building Department, Police Department,, and Justice Suter be
accepted .and. placed on file.
Vote of the Town Board: .. Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter., Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia reported*
1. Letter from the' North' Fork Environmental Council express-
ing their opposition to the proposed transportation of nuclear
waste through Southold-.Town from Brookhaven.--Supervisor. Martocchia
stated the Town Board met with Health Department individuals prior
to this meeting and studying the area with them on Sunday afternoon
regarding the proposed six trips . of transportation the waste . through
Southold Town, and 'the Board. will, do everything .in their uris-
diction to keep it as safe as possible with. all the necessary
protection for the .people. of..Southold Town.
On motion of Councilinan ..Homan, ..second.ed by Councilman Rich, it was
RESOLVED that the^Chemical...Bank_ be authori t&d to ne1-.baS6..trie L;, -
followirig secur tiesrfr.omo ecuritie.s:held L.inaes.erow .,to.-w%tf}-,_$25,000.00
Vote of- the Town Board: Ayes':' Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
2. Letter from the'.North Fork Animal League commending Police
Officer FieaIer, Police Officer Clark and Sergeant Bokina for the
fine work they did in rescuing a dog from an ice flow.
41 t ,t
.3. Lett'er' from the Department of Transportation, State of
New York giving Southold.*Town approval for the improvement of the
Town' s street lights. There is an agreement with .theNew York
Telephone. Company �for pole attachments.
4. Letter from Karen Scaramucci, Mattituck, requesting that
the Town Board hold night meetings. _Supervisor Martocchia spoke
on the phone to Miss Scaramucci stating the Board had .tried night
meetings in the past, but did not average more Ipeople than the day
meetings, but stated the Board will hold night meetings again in
the near future.
5. Letter from the D.A.R. requesting permission to plant a
tree in honor of the bicentennial on Sunday, April 4, 1976 at
2:00 p.m'. at the 'S. Wentworth Horton Park, Greenport, and. inviting
the Town Board members to attend.
6. Request from the Southold Little League for funds.--
Supervisor Martocchia stated at the proper time an apportioned
amount will be available for that purpose. . .
Moved by- Justice Demarest., seconded by Justice Suter,
WHEREAS.-Henry F. Moisa has submitted his resignation from the
Southold Town Planning Board_ effe.ctive December 31, 1975, and
WHEREAS Henry -F.' Moisa has faithfully served the Town of Southold
as Vice-Chairman of the Planning Board since April 1957, and
WHEREAS his record of .fine service to the Town of Southold and its
people deserves the sincere gratitude of those with whom and for
whom he worked,
NOW, THEREFORE, BE IT RESOLVED that the Town. Board of the Town of
Southold . expresses -its appreciation. to .Henry F. Moisa for his long
record of fine and dedicated service, and its best wishes for the
years ahead, and
BE IT FURTHER. RESOLVED that this resolution be made a part of the
permanent records of the Town of Southold, and that a copy be sent
to Henry F. Moisa.
Vote of the.•.Town. Board: : Ayes: Sup.ervisor _Martocchia,-.Councilman
Rich; Councilman_•Homan, .'Justice Suter.,. Justice Demarest.
This resolution was _declared duly -.adopted..
7. - Receipt of -report of Elaine .Kaldor;. Town Auditor_; for, -the
year :19.75. .
_8. Report of- Wiedersum Associates on_the results of :the test
borings for the proposed;addition to -the 'tomn hall :in Southold. . .-
On motion -of .Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that provisional police -offic!er_s Dennis .R., Bannon; -John
E, .Clark,_Joseph C. .Gordon, and .John H. Ship be and Thereby are
appointed permanent. police..officers _of the Town of -Southold, effective
March 15, 1976 at salaries specified under the P.B.A. contract.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich., Councilman -Homan,_ ..-Justice Suter, -Justice .Demarest.
This res-olution..was ::-declared duly .adopted.
Mr. Daniel T-.. :Latham, ..Orient,.--read :a -statement'-to the. Town Board,
prep:ared._by. an ad hoc _committee,: _expressing' their :_opposition to a
proposed ..road '.north:of .the .Main Road in Orient, and strenuously
objecting. :to the Planning Board' s -.requirement _that.said ro-ad be --
built through ,a_.development .in .that area -and asking -the .Town Board
to- immediately excise .and delete said road from the development. .,
plan now and in the future. --Said :road would: l.i .serve :no public
purpose; 2. cause additional population saturation intruding upon
the privacy of individuals in the area; 3. the imposition on
individual subdividers of .the .requirement. to make -available land .
for such .a road.:would,-result in many ,law suits. _(Letter on file
in the' Town Clerk' s Office. )-Supervisor Martocchia stated the Town
Board as, a. body -has- not :discussed .the.:-matter., .but. will .do .so in,
the near future with the Planning Board. :.
Mrs. Ann .Marc-us-, . speaking _;on behalf of :her.- husband. Leon Marcus,-
Orient, asked):.if .there .is-..no :decision con .-the. :aforementioned -road,.
that. a .hearing could;.be.:held on -it -.or some- form -of -application to
the Planning Board.--Supervisor. Martocchia advised the Town Board
will meet with the _Planning Board:._;
Mr. L,owell.,:Logerwell:, -.Southold;_ :repre'senting :the :Mat.tituck! Gun -
Club _presented. the .•Board with a: p-etition with over. 1:,,.000. names-
which was sent to Assemblyman Perry B.. Duryea. opposingg•..Assembly
414
DNA 9; 97
Bill #8190 which .gives .the' towns..-of .Southold and Shelter Island
the right. :t.o: regulate hunting and prohibit the discharge of fire-
arms.. The original of ..the petition will go to Assemblyman Raymond
J. Lill, Chairman of the Local Government. Committee. They feel.
that adequate laws already existing with -regard to the regulation
of firearms and with proper enforcement everyone' s problems -with
regard to firearms could reasonably -and properly be, resolved.
They respectfully -request -that the Town Board of Southold consider
withdrawing this- bill _in the.-mariner which -Shelter Island did when
it did not serve the needs or desires of the majority of the
citizeris and residents.--Supervisor.. Martocchia advised that at a
meeting on Friday,. Assemblyman. .Duryea stated that the amended bill
must. .be redrafted excluding Shelter. Island, and there will be
another draft including Southold .Town. .
Mr. .;Dick..Leslie, Orient,. asked about the aforementioned road -in
Orient and the authority" . of the Planning Board.--Supervisor ..
Martocchia stated he would like Town Attorney Tasker to answer
such a technical question.--Town -.Attorney Tasker: stated the
so-called .street. has no legal _significance whatsoever.. The: Town
Board appoints the members to the Planning Board,.. in the' -sense
that the Town Board approves the .rules and r.egulations. of the
Planning Board, and in the sense that .certain discretionary -matters
in the Town 'Law can-be delegated to the Planning Board., the Town
Board has. that .authority. In. other matters they do not have that
authority. The Town Law says that the Town Board may appoint a
Planning Board and delegate to that Planning -Board the authority
to approve subdivision maps, and once they have done it they then
have the authority.--Mr. Daniel Latham stated that before he was
named chairman to the committee he personally went -to the residents
and obtaine.d..35..names in-'opposition to -the proposed road and' a
.wish to have it deleted. . .
Ms.. Constance. .Pim,. _Mattituck, .read, a letter to the Town Board
stating Southold residents. de.ser..ve. a .vigilant . attitude on the
part of the Town Board in regard to the planned shipment. of radio-
active wastes from Brookhaven National Laboratory to the Orient
ferry, urging a careful study of the stand taken by New York City.
health officials; further stating that the Brookhaven shipments
may be only the beginning. of frequent and much larger loads of
extremely .hazardous wastes..--Supervisor Martocchia stated the '
matter has been discussed at much length; the route studied and
talked with numerous officials. The Town Board is disturbed with
the Cross Sound Ferry that they-have accepted the responsibility
without consulting with the. Town Board, likewise with the Brook-.
haven Lab. (Co y of Ms. . Pim' s letter is -on file in the. Town
Clerk' s Office
Mr. Donald Tuthill-, .Southold, -expressed his concern with the high
line which is apparently being sought on Sound Avenue. Road.. The .
road is narrow, the poles are very close and he understands the
voltage -is higher than the normal high -tension lines.--Supervisor
Martocchia .stated .the Board had discussed the matter today with
the Town Attorney to see .what course .of action the Town can take.
They have a "franchise to run that route of a -99 .year duration, and
the Town had given that right years ago prior to the renewal where
they_ can:.have those .poles going through to -service the area.-- Mr.
Tuthill asked that in the future consideration be given to putting
a. limit..on. the voltage.
Mrs. Gladys Csajko, President of the Council of Allied Associations
read a letter regarding a quote attributed to Justice Demarest which
appeared. in. the .Suffolk Times: !'I am. certain that the last time
the .Town of Southold was-rezoned we got money from the federal and
state governments for it. In return the planners had to do such
things as make provisions for an airport on the north shore in
Mattituck. . . We're tied in this way' to alot of things. " The
Association, asks. is_ or is not Southold Town .obligated' some time
in the future to..allow this airport upon demand of the. federal
or state .governmerit; and second, what are the other "things" we
obligated the Town to in order to receive these funds. (copy .of
letter on file in the Town Clerk' s Office. )--Supervisor Martocchia
stated that during the Albertson administration. funds were avail-
able for a project .wher.e- Southold Town only picked up a small
share for a study. Many -proposals were rejected and further items
MAR" 4.15
can be eliminated and changes 'made, dt is only a development plan
as things were seen at that, time.--Justice Demarest stated he
qualified his statement with the fact the planners had to put on -
the map anything that was required by the Department of Aviation
in Albany.-=Mrs. Csajko asked what other things the Town was tied
into.--Supervisor Martocchia stated an "M" zone in Mattituck which
was turned down, changes in New Suffolk. The plan can be changed
and :has been.-.-Mrs. Csa-jko indicated, with regard to the proposed
road in Orient, the residents should keep in mind the map also
shows Soundview Avenue being extended along the North Shore from
Mattituck to Goldsmith' s Inlet and Oregon also being .extended with
a short road connecting it, etc.
Mrs. Joyce Terry, Orient, asked what the status is of the money
that New York State has appropriated for the enlargement of the
Orient Point Ferry.--Supervisor Martocchia stated there is $300,000.
that New. York State has for 'improvements to transportation. The
Board has offered a resolution that $100,000.. of it should go to
Fishers Island for the improvement of the entrance of their harbor
where the ferry goes to New London. The balance of $200,000. New
York State has for the improvement of the facilities at Orient
Point, such as another loading ramp and some dolphin s.-=The Board
passed a resolution some two months ago reluctantly accepting the
Orient site for the ferry, however_, if it expands a small amount
- the Board is unopposed, but if it develops into anything large the
Board reserves the right to change their resolution to opposed.
The Board feels the building to the right. of -the ramp should be
converted into a waiting room; and rest rooms.--Mrs. Terry asked
if there might be a State hearing.•--Supervisor Martocchia is
unaware of such a hearing.--Justice Demarest stated in a recent -
letter from Mr. Emory of the State,. he indicated that it was
possible there would be a hearing.--Supervisor Martocchia stated a
decision must be made almost immediately, as the money will not be
available after- the 1st• of• April as the new budget -begins .then and
the money will not be in the new budget.--Mrs. Marcus indicated
her desire for a hearing on the matter. •--Mrs' Sherley Katz stated
it was her understanding Cross Sound Ferry applied for th.e '$200,000.
as a subsidy. •Was t• approved or does---it still remain in the • hands
of the Town.--Supervisor Martocchia stated the State of New-York: .
will not give the money to a private agency, but they will accept
the Town being--the sponsor of-handling- the money.---Mr. -John- -Tuthill
asked why- tax money be used fora private business when -it will be
a detriment to all of the residents.--Supervisor Martocchia stated
they have been told that our tax money is being spent every day in
other directions;- and-it is felt the situation can be improved and
made more confortable for the residents.
Mrs. Sherley Katz stated it is her understanding there are planned
return trips with nuclear waste going back to Brookhaven Lab.--
Supervisor Martocchia stated he 'was not advised on -such• return trips.
Mrs. Joyce Terry• asked the Board to oppose the grant- to • improve
the -ferry. Mrr. 'William Williams- of Orient stated in his observation
the vast majority of Orient residents are opposed to the proposed
new road at Orient and the town should oppose.--Mr. ,Nick Plackis
stated his - opposition-to the proposed road, •pre-ious-ly discussed,
would only improve traffic,-, and that would -defeat the object of
OrientJs 'desire for continued •-rural- character: Mr i Williams and
Mr. Plackis also expressed- their oppos-ition to -the improvement of
the ferry.-'-Mr. John Tuthill stated- his fear of•- a serious marine
accident at the ferry site and the present site -is -not for a ferry,
it 'should--be in a-- safe harbor.
Considerable discussion was held relative to the transportation of
nuclear waste by the individuals present and the Town Board members.
Basic- feeling is overwhelmingly, against -the project:
On motion of Councilman Rich, seconded by Supervisor' Martocchia,
it was
RESOLVED that the Town of -Southold sponsor the $200,,000 New:York,
State :grant to the ,Cross--Sound Ferry, ,Orient;, for -improvement (not
expansion) of their bulk heading, new ramp, improvement of sanitary
facilities ,to respectability, provisions for a waiting room, and it
is further
RESOLVED that expending of the �$200,000 be cleared with 'the Town•,
of Southold as the work progresses.
41.6
Vote of the Town Board: :Ayes: Supervisor Martocchia,-Councilman .
Rich, Councilman�:Homan, Justice..Suter No-: Justice Demarest`.
This :resolution was ,declared"duly adopted. -
On-.:motion of Councilman Rich, ,seconded by.,Councilman. Homan, it was
RESOLVED that,,a- recess- :be_.called ,,at 5:05 _p.m. , meeting to reconvene
at -8.00 .p.,m.
Vote of the _Town Board:-.. ;Ayes_: Supervisor Martocchia, Councilman..
Rich, Councilman Homan, Justice Suter- , justice- D.emarest.:
This resolution was declared duly adopted.
This .regular- -meeting, of the. Southo.ld ,Town B.oard -of March 9, 1976
reconvened -at, 8,:00 ,p.m. _ :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, Highway Superintendent Raymond C. Dean, .Town Clerk Judith
T. Boken.
Supervisor Martocchia reported:
9. . .,Receipt of .the following :notices -from the New York :State
Department ,of Environmental Conservation:
a Town of Southold:. for -permission to maintenance-.dredge
approximately- 1200; -feet :of .an -existing channel at ;Wickham_ .Creek, .
Cutchogue.,; Objections by-,April -8, 1976._ _
b. William R. Pell, Greenport,-..for permission-- to, replace
an existing ,platform and.--construction -of 80- linear- feet-.of open
timber, dock at Stirling Creek, Greenpor.t-. Objections -by.;Apri1 1,
1976.
c.- Sterl-ing_.Harbor: Shipyard &.:Marina, ,Gre.enport, for
permission to: construc:t approximately 120: feet_ of timber bulkhead
in two, segments .at Sterling .Creek, Greenport. . Objections _ br March
18, 1976.
d.. Pierce Yacht .Basin, I permission
, nc. -for permison to dredge a
75 foot by- 290 foot area, removing approximately 12,000 cubic
yards, of material at Stirling; Basin, Greenport-. —Objections-by
March, 12., . 1976.:
-10., Request, from the Greenport School Art Project to--place
a 3-dimensional 'Welcome to Gr.eenport" sign at the end_ of the S.
Wentworth Horton Park-,- Greenport._
Reques,t.:by the, Board.;that .Supervisor._ Martocchia -contact the, •
Brookhaven Laboratory on the;.matter. of tra-nsportation. of radio-
active waste in an effort to establish better raport, and report
back to the .Towne Board..
ll...: Receipt of a letter from the .Long Island -Farm Bureau,- ;
Inc. opposing the Jamesport Nuclear Power Plant project and stating
they are moving to intervene immediately in the Article VIII
hearings-,.for the purpose ,of -securing testimony, regarding the toxic
radiation and the east ;;end -;evacuation aspects of -LILCO' s proposal.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED. that the- Town .Board of. the ,Town- of. Southold- concurs with
the resolution adopted by_.th.e Town.-of Huntington objecting. to the
proposed Senate Bill,_No. 221,. and Assembly Bill._No,. 157: _ An Act
to- Amend the Navigation Law, In Relation to--the Definition of the
Navigable Waters of the State;-, said bill :amends_ Navi-gation. Law,
Section 2, Subdivision 4 with the effect of including tidewaters
in Nassau and Suffolk Counties within the definition of ".navigable
waters:.of.. the. s.tate"; giving, the, .state jurisdiction over- bays.:-and-
inlets.,,:: .
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, Supervisor Albert.- M. Martocchia'.be and h.e ,hereby�-is
directed to request. CATV to provide the Town of• Southold with a
P &, .L Statement- and balance sheet as it- applies- to- the- .Southold
Town CATV Franchise.
Vote of. the Town Board: Ayes: Supervisor, Martocchia, Councilman
Rich, Councilman Homan, Justice Sute,. Justice Demarest.
This resolution was declared duly adopted.
MAR 91976 4-17;
On motion of .Councilman Rich; seconded by Councilman Homan,. it was
RESOLVED that the Department of Public Works be .and they hereby are
authorized to proceed with immediate construction of two or possibly
three sanitary faciltiies for . certain town beaches; said beaches to
be designated by the Town Board.
Vote of the Town Board: Ayes:.: Supervisor Martocchia,' .Councilman .Rich,
Councilman Homan,' Justice Suter, Aistice. Demarest.
This resolution was• declared du.l.y adopted.
On motion 'of Councilman`Rich, seconded by Councilman Homan, ' it was
RESOLVED that Stephen Mazzaferro, Southold, New York, be and he
hereby �'�s 'appointed Dog Warden for the Town of Southold, on a provisional
basis, until an appointment can be..made, from the civil service list,
effective March 16, .1976 at a salary of $6,500.00 per annum, to be
paid in regular. semi-monthly payments, and it is further
RESOLVED. that said Stephen Mazzaferro work under the direct supervision
of Supervisor Albert M. Martocchia, who will also arrange Mr. Mazza.ferro ' s
work schedule.
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 Justice Suter, it was
RESOLVED that Lois Mellas, Greenport, New York, be and she hereby is --
appointed Dog Warden for the Town of Southold, on a provisional basis
until an appointment can be made from the -,civil service list, effective
March 16, 1976 at a 'salary of $6,500.00 per annum, to be paid in regular
semi-monthly payments, and it is further
RESOLVED that said Lois Mellas work under the direct supervision of
Supervisor Albert M. Martocchia, who will also arrange Ms. Mellas '
work schedule.
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 Rich, seconded by Councilman Homan,
WHEREAS, Carl Cataldo, Police Chief of the Southold Town Police
Department has made written charges against James P. Mellas, a
patrolman in the Southold Town Police Department, which written
charges were filed with this Boardw.nn March 9, 1976,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southold hold a hearing or trial with respect to said charges on the
2 nd day of April, 1976, at 10 o ' clock A.M. , at the Southold Town
Supervisor' s Office, 16 South Street, Greenport, New York.
IT IS FURTHER RESOLVED, that the Supervisor shall cause a written
notice of such hearing or trial together with a copy of the charges
preferred annexed thereto, to be served upon the said James P. Mellas
as required by law; that the said James P. Mellas be given not less
than five days after the receipt of said notice within which to make
and file an answer in writing to said charges with the Supervisor at
his office at 16 South Street, Greenport, New York; that the said
James P. Mellas shall have the right to be represented by counsel
at said hearing of trial and shall have the right to summon witnesses'
on his behalf.
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 Councilman Rich, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized and directed to sign the necessary papers in favor of
Assembly Bill No. 9764, AN ACT to amend chapter six hundred ninety-
nine of the laws of minete:en hundred forty0seven, entitled "An Act
authorizing the adquisition, construction, equipment and operation
of a public ferry for hire from Fishers Island across waters of Long
Island Eound; authorizing the creation of Fishers Island ferry district
. in the Town. of Southold, Suffolk County and providing for the election of
its officers and management of its affairs; authorizing the collection
of ferriage charges; authorizing the issuance and sale of obligations
of said town and providing for their payment; authorizing the levy and
collection of taxes; and providing for other related matters, "in relation
to payment of acquisition and equipment of ferries for said district and
compensation of commissioners.
Vote of theTown Board: Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Dmearest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Demarest, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized and directed to sign the necessary papers in favor of
Senate Bill No. S-7733, AN ACT to amend chapter six hundred ninety-
nine of the laws of nineteen hundred f@rty-seven, 'entitled "An Act
authorizing the acquisition, construction, equipment and operation of
a public ferry for hire from Fishers Island across waters of Long
Island Sound; authorizing the creation of Fishers Island ferry district
in the Town of Southold, Suffolk County and providing for the election
of itd officers and management of its affairs; authorizing the collection
of ferriage charges; authorizing the issuance and sale of obligations
of said town and .providing for their payment; authorizing the levy and
collection of taxes; and providing for other related matters, "in ,
relation to payment of acquisition and equipment of ferries for said
district and compensation of commissioners
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest.
This reso�utiabn was declared duly adopted.
Moved by Justice Demarest, seconded by Justice Suter,
WHEREAS Oscar Goldin has applied to the Town Board for a single
trailer renewal permit dated February 23, 19769
NOW, THEREFORE, BE IT RESOLVED that the application of Oscar Goldin
to locate a single trailer on his property at Lot # 60, Greenport-
` Driving. Park, south side Linnett Street, Greenport, New York., be
and hereby is '-granted for a period of six -<i&) months.
Vote .of the Town Board: Ayes: . Supervisor Martocchia,. Councilman
Rich, Councilman Homan, Justice Suter, Justice DemarestZ
This resolution was declared duly adopted.
Moved by Councilman Rich, seconded by Councilman Homan,
WHEREAS Isidore. P. Krupski has applied to the Town Board for a single
trailer renewal permit dated February 11 , 1976,
NOW,_ THEREFORE, BE IT RESOLVED that the application of Isidore P.
Krupski to locate a single trailer on the north side Main Road,
approximately 1 ,000 feet east of Bay Avenue, Cutchogue, New York
for the purpose of housing farm help be renewed for six (6) months.'
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 .Suter, seconded by Councilman Homan,
WHEREAS Zdzislaw Mikolajczyk has applied to the Town Board for a
single trailer renewal permit dated February 23, 1976,
. NOW, THEREFORE, BE IT RESOLVED that the application of Zdzislaw
Mikolajczyk to locate a single trailer on the south side of private
road, off east side Main Road, Mattituck, New York, be renewed for a
period of six (6) months.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich.,
Councilman Homan, Justice Suter, justice Demarest.
This resolution was dellared duly adopted.
Mov,e.d by Justice Suter, seconded by Justice Demarest,
WHEREAS Florence Steiner has applied to the Town Board fora single
trailer renewal .permit dated February 24, 1976,
NOW, THEREFORE, BE IT RESOLVED that the application of Florence
Steiner to locate a single trall-er on her property on private road
(John' s Road) , off east side Main Road, Mattituck, New York, .be
renewed for a period of six (6) months.
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 Councilman Rich, it was
:RESOLVED that the Superintendent of Highways of the Town of Southold
be authorized to advertise for bids and to .purchase from the lowest
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responsible bidder, the following:
12 - 3' x 8' Drainage Rings
30 - 416" x 8' Drainage Rings
30 - 31 ¢' x 8' Drainage Domes
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 Suter, seconded by Councilman Rich, it was
RESOLVED that the Superintendent of Highways be and he hereby is
authorized to advertise for bids and to purchase from the lowest
responsible bidder two new 1976 dump trucks or equal.
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 ,Suter, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to sign a quit. claim deed to the Nassau Point Causeway
Association for the northerly one-half of a portion of Nassau Point
Road, heretofore abandoned by the Town of Southold.
Vote of the Town Board: Ayes; Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest.
This- resolution was declared duly adopted.
Mnved by Councilman Rich, seconded by Councilman Homan,
WHEREAS, an action was commenced by John E. Rath against the Town of
Southold in the Supreme Court, Suffolk County by the service of a summons
and complaint on January 24, 1974, wherein the plaintiff alleged that by
reason of the reconstruction and reallignment of a portion of North Bay
View Road, a town highway, at the westerly approach to Goose Creek Bridge
at Southold, New York, by the Highway Department of the Town of Southold,
a portion of the plaintiff' s property was encrouched upon resulting in
a de facto condemnation thereof and that a certain chain link fence was
removed, and a quantity og fill was removed from plaintiff' s property,
all to the damag of the plaintiff in the amount of $41 ,000.00, and
WHEREAS, an examination of the facts and circumstances of the claims of the
pla i,itiff has been made by the Town Attorney who hA� advised this Board
that in his opinion certain of the claims alleged have merit and that a
trial of the issues would involve considerable expense with an attendant
uncertainty of outcome, and
WHEREAS, the plaintiff is willing to compromise and settle his causes of
action upon the following terms and conditions, to wit:
A. That the plaintiff execute and deliver to the Town of Southold
quit claim deeds to three arcels of real property adjacent to North Bay
View Road consisting of (1� a parcel of land comprising an area of 412
square feet located on the east side of North Bay View Road approximately
1900 feet south of Pine Neck Road; (2) a parcel of land comprisingEyan area
of 2019 square feet located on the north side of North Bay View Road at
the westerly approach of Goose Creek Bridge; and (3) a parcel of land
comprising an area of .3766 square feet located on the south side of North
Bay View Road at the westerly approach to Goose Creek Bridge, all as shown
and delineated on a certain' map' prepared by Young and Young of Riverhead,
New- York dated February 11 , 1976 and revised March 12, 1976, a copy of which
map is hereby directed to be filed in the Town Clerk' s Office.
B. That the Town of Southold relocate an existing chain link fence on
plaintiff' s property from its present location to the new boundary line
established by the conveyance described in paragraph A (1 ) above.
C. That the Town of Southold pay to the plaintiff the sum of $10,000.00
in full settlement of any and all claims alleged in plaintiff' s complaint.q:
' D.- ' That plaintiff execute and deliver to the Town of Southold a general
release of any and all claims alleged in plaintiff' s complaint, and
WHEREAS, it is believed to be in the best interest of the Town of Southold
to accept the offer of the plaintiff, John E. Rath to compromise and settle
said causes of action as hereinabove set forth, without further cost and
expense to the town,
NOW, THEREFORE, BE IT RESOLVED: That the offer of settlement of John E.
Rath as hereinabove set forth be and the same hereby is accepted, subject
to the approval by a Justice of the Supreme Court pursuant to Section
68 of the Town Law, and it is further
RESOLVED, that the Town Attorney of the Town of Southold be and he hereby
is designated as 'the .officer of the 'Town who shall apply for such approval
pursuant to Section '68 p' f the Town Law, and it is further
�2® MAR g 197G;; ,_
RESOLVED, that upon the approval of a Justice of the Supreme Court, the
Supervisor pay to the said John E. Rath the sum of $10,000.00 to be paid
from funds made available pursuant to the provisions of -Section 68,
subdivision 3 of the Town Law, in _full settlement of all claims of the
plaintiff upon receiving a proper release in settlement thereof and upon .
receiving proper deeds fninrecordable form from the plaintiff conveying
to the Town of Southold the three parcels of real property hereinabove
mentioned, and it is further
RESOLVED, that the Town Attorney be and he hereby is authorized and
directed to execute on behalf of the Town of Southold such stipulations
and other required. instruments to effect the settlement and discontin-
uance of said causes of action by John E. Rath against the Town: of
Southold.
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 Justice Suter, it was
RESOLVED that the Town of Southold accept the bid for new police
cars of J.J. Hart' s Riverhead ,Ford at. $17,771 .52 for four 1976
Ford Custom 5:00 four-door sedans as per specifications, ,with a
trade-in of vehicles # 847, # 851 , # 853 and a 1970 Plymouth
Fury detective car.
Vote of the Town Board: Ages Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that the following audited bills submitted on Warrant No. 3
be and hereby are approved for payment: General Bills in the amount
of $38,010.04; Fishers Island Ferry District Bills in the amount of
$49,445. 10; Highway Department bills in the amount of $23, 377.36; and
Special Districts Fund bills in the amount of $326.67.
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 Suter, it was
RESOLVED that the bid of Aerlift Sales Inc. , Ronkonkoma, N.Y. in the
amount of $8,687.00 for an aerial lift and utility body .and .installation,
be accepted and that the Supervisor be authorized to enter into contract
for the same.
Vote of the Town Board: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice ,Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the -bid of Manhasset Motobs to supply Southold Town
with a utility truck chasis at $4,838.00' as per specifications be
and hereby is accepted. and that Supervisor Martocchia be and he hereby
is authorized to enter into a contract for same.
Vote of the .Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Orripmotion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the bid of General Electric SupplyTK Hicksville, New
York, be and hereby is accepted as tYe lowest responsible bidder,
to supply the Town of Southold with horizontal burning luminaires
at $70. 36 each for 70 Watt High Pressure Luminaires and $74.79
for 150 Watt High Pressure Luminaires.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest.
On."motion of Councilman Homan seconded by Justice Suter, it was
RESOLVED that the bid of Sentry Electric Corp, Freeport, New York,
be and hereby is accepted as the llvffst responsible bidder to supply
the Town of Southold with high pressure sodium lamps at $22.96 for
70 W lamp and a unit price of $19. 36 for 150W lamp. and that the
Supervisor be and he hereby is authori_E ed to enter into a contract
for the same.
: 42.1
MA . '`1 1976-
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 Suter, it was
RESOLVED that the bid of Pallen Industries,: Inc. , Syosset, New York
be and hereby is accepted as the lowest responsible bidder to install
approximately 250-150 Watt high pressure sodium luminaires in conjunciion
with the construction and maintenance of a street lighting system for
the Town of Southold and that the Supervisor be and he hereby is authorized
to tinter into a contract for the same.
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 Demarest, it was
RESOLVED that there being no further business to come before this
Town Board meeting, adjournment be called at 11 :55 P.M.
Vote of the Town Board; Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Judith T. Boken
Town Clerk