HomeMy WebLinkAboutTB-03/23/1976 SOUTHOLD TOWN BOARD MINUTES
March 23, 1976
A regular meeting of the Southold Town Board was held on March. 23,
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 present:
Supervisor Albert M. Martocchia
Uouncilman James H. Rich, Jr.
Justice Martin Suter
Justice Louis M. Demarest
Justice Francais T. Doyen
Town Attorney Robert W. Tasker
Highway Superintendent Raymund C. Dean
Town Clerk Judith T. Boken
Absent: Councilman James Homan
On motion of Justice Suter, 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, April 6, 1976 at the town board
meeting room, 16 South Street, Greenport, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
Justice Suter, Justice Demarest, Justice Doyen.
This resolution. was declared .duly adopted.
Supervisor Martocchia reported:
1 . Letter from the Strawberry Festival Committee, Mattituck
announcing their annual event is to be held on June 19, 1976, Mattituck
High School Grounds, 12 Noon.
2. Letter from the Suffolk County Department of Transportation
stating_ the request by the Mattituck Fire Department for a control
at the fire house over a new traffic signal to be placed at Route 27
and Wickham Avenue is denied as the traffic count is not heavy enough
and sight distance is very good in both directions. Justice Suter
stated this is a disappointment as the fireman had been promised the
light, the fire department to underwrite the expense, and feels the
line of sight is not good enough and they are not entering the inter-
section, but grossing it.
3. Letter from Mrs. E. Kittenback, Garden City, relative to a
boat belonging to her that was at Orient and is missing. Supervisor
Martocchia stated that after a reasonable period to time sunken bolts
are removed by the Bay Constable to keep the waterfront open. Mrs.
Kittenback is asking for money in lieu of the boat. It is believed
that boat is in storage by the town and could be reclaimed for about
$300. 00.
4. Public notice from Riverhead Town giving notice of a public
hearing to be held on a noise ordinance.
5. Letter from the Goose Bay. Civic Association relative to the
proposed fire arms bill which is in Albany and being amended. The
Association asks the Town Board to strive toward the passage of the
amended bill.
Moved by Justice Suter, seconded by Councilman Rich,
WHEREAS, the Town of Southold has requested the County of Suffolk
to dredge a navigation channel in Goldsmith Inlet, Town of Southold; and
WHEREAS the County of Suffolk proposes to do said dredging of
Goldsmith Inlet, in the Town of Southold at a nominal cost to the
Town of Southold; and
WHEREAS, in order to accomplish said dredging, plans, specifications,
agreements and other documents must be executed on behalf of the Town
of Southold; now therefore be it
RESOLVED, that the Supervisor be and he hereby is authorized to
execute, on behalf of the Town of Southold, all necessary plans and
specifications, spoil area agreements, assuarances to the County
of Suffolk, license and/or dredging permit applications to Federal and
Stt.te Agencies and all other documents that may be required to accomplish
said dredging work,
MAR,9,3.19_7,6 4 .
Vote of the Town Board: AYES : Supervisor Martocchia, Councilman
Rich, austice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Moved by Councilman Rich, seconded by Justice Suter,
WHEREAS, the Town of Southold has requested the County of Suffolk
to dredge a navigation channel in Town Creek, Town of Southold; and
WHEREAS, the County of Suffolk proposes to do said dredging of Town
Creek, in the Town of Southold at a nominal cost to the Town of
Southold; and
WHEREAS, in order to accomplish said dredging; plans, specifications,
agreements and other documents must be executed on behalf of the Town
of Southold; now, therefore, be it
RESOLVED, that the Supervisor be and he hereby is authorized to
execute, on behalf of the Town of Southold, all necessary plans and
specifications, spo.ul area agreements , assurances to the County of
Suffolk, license/and/or dredging permit applications to Federal and
State Agencies and all other documents that may be required to accomplish
said dredging work.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich,
austice Suter, Justice Demarest, Justice Doyen.
This resolution was declared' duly adopted.
Moved by Justice Suter, seconded by Justice Demarest,
WHEREAS; the Town of Southold has requested the County of Suffolk
to dredge a navigation channel in Schoolhouse Creek, Town of Southold; and
WHEREAS, the County of Suffolk proposes to do said dredging of
Schoolhouse Creek, in -the Town of Southold at a nominal cost to the
Town of Southold; and
WHEREAS, : in order . to acco mplish said, dredging,- plans , specifications,
agreements and other documents- must -be executed on behalf of the Town
of- Southold; now, therefore, be it-
RESOLVED, that the Supervisor be and he hereby is authorized to
execute, on behalf .of : the Town of Southold; all necessary plans and
specifications, spoil area agreements, assurances to the :County of
Suffolk, license and/or dredging permit applications • to Federal- and
State Agencies and- all other documents- that -may-be required to accomplish
said dredging work.
Vote- of - the Town Board: Ayes : Supervisor Martocchia, Councilman Rich,
austice Suter, Justice Demarest, Justice- Doyen.
This resolution was declared -duly adopted.
Moved by Justice Suter, seconded by Councilman Rich,1
WHEREAS, the Town- of Southold has requested the County of Suffolk
to dredge a navigation--channel in-Mud Creek, -Town of Southold; and
WHEREAS, the County of- Suffolk- proposes to- do- said- dredging, of-Mud.
Creek, =-in the Town of Southold at .-a nominal cost to the Town of
Southold; and
WHEREAS, in order to accomplish said dredging, plans, specifications,
agreements and other- documents must be executed on behalf of the Town
of - Southold; now, - therefore, be - it
RESOLVED, that the Supervisor be and he hereby is authorized to execute,
on behalf 'of the Town of-Southold, all=necessary plans and specifications,
sp§iI area •agreements, assurances to the County of Suffolk, •,license
and/orldredging permit applications _to Federal and State Agencies
and all -other- documents -'that-. may be-required to-aaccomplish -sa"id
dredging work.
Vote of the- Town -Board: Ayes ; Supervisor Martocchia, Councilman Rich,
Jdst'ice Suter; -Justice Demarest, :-Justice•'Doyen. = -
This resolution-was declared duly,adopted:
Moved by Justice - Suterj-; seconded by-Councilman_:Rich -- -
WHEREAS, the Town of Southold has requested the County: of:'Suffolk to
dredge a navigation.'channe-1 -•in Sterling Basin, .-Town- of--Southold; and
WHEREAS, the-- Coiinty"of Suffolk proposes to do said dredging of 'Sterling
Basin,. in the Town of Southold' at a nominal cost to the Town of S outhold;
and
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WHEREAS, in order to accomplish said dredging, plans, specifications,
agreements and other documents must be executed on behalf of the Town
of Southold; now, therefore, be it
RESOLVED that the Supervisor be and he hereby is authorized to execute,
on behalf of the Town of Southold, all necessary plans and specifications ,
spoil area agreements, assurances to the County of Suffolk, license
and/or dredging permit applications to Federal and State Agencies and
all other documents that may be required to accomplish said dredging
work.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Supervisor continued:
6. Copy of letter from Assemblyman Duryea to John Tuthill,
Orient, relative to Mr. Tuthill's suggestions on the Orient ferry
service with footnote to Supervisor from Mr. Tuthill suggesting
the sale of the Greenpott railroad dock to Mascony, and the return
of the $200, 000. 00 to the State of New York.
7 .;,,;Letter regarding Supervisor Martocchia ' s discussion with
Supervisor Smith of Riverhead concerning transportation of nuclear
waste and their joint talk with Dr. George Vinnard, and their joint
feeling the towns should know when the waste is being transported
so arrangements can be made with the police and fire departments.
8. Letter from the Division of Public Health, Suffolk County,
to be referred to the Building Department concerning changes in
contours of land and drainage- the Division of Public Health wishes
to be informed of such changes.
9. Letter to Assemblyman Duryea from Commissioner Evans, Fishers
Island Ferry District, thanking Assemblyman Duryea for his sppport of
two bills in Albany concerning updating legislation relative to
expenditure of ferry district funds.
10. Letter from W. D. Wells, Southold, inviting town officials
to a Boy Scout dinner at Colonie Hill on April 27th - the board will
be represented.
11. Letter, 'from the Farm Bureau urging Southold Town along with
the five eastern towns to take a position of opposition to the James-
port nuclear plant proposal. The Board does have an intervenor and
wishes to obtain all the information submitted until the hearings are
completed to take a position.
12 . Supervisor Martocchia stated he had promised Dr. Shahan he
would attempt to give an answer on the leash law proposal, but there
are not enough votes to defeat or carry a resolution at this meeting.
Moved by Councilman Rich, seconded by Justice Demarest,
WHEREAS, Long Island Cablev.ision Corporation by letter dated January
5, 1976 requested that the franchise agreement heretofore entered
into with the Town of Southold be amended to increase the monthly
subscribers ' rate., .and
WHEREAS, a public hearing with respect to such application was held
by. this Board on February 10, 1976 at which time all interested persons
were given an opportunity to be heard, and
WHEREAS, the principal reason given by Long Island Cablevision Corp-
oration for such rate increase was to provide additional revenue to
defray in part the capital expenditure for the, installati.on. of a
microwave system to improve television receipt to its subscribers,
NOW, THEREFORE, BE IT RESOLVED that the franchise agreement granted
by this Board to Long Island Cablevision Corporation on March 25, 1975
is hereby amended to increase the monthly subscribers ' fee or charge
in the amount of twenty-five cents, subject to the following conditions:
(a) That such increase in fee shall become effective in the month
following the month in which Long Island Cablevision Corporation installs
and makes operation to all Cablevision subscribers in the Town of
Southold its microwave system.
S
(b) That such, amendment shall not become effective until
approved by the New York State Commission on Cable Television.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Demarest, Justice Doyen. No: Justice Suter.
This resolution was declare d duly adopted.
MAR 2'31976 . 42 5
on CATV
Mrs. Sherley Katz_ asked if there is any further information/the/home
box office? ' - Supervisor Martocchia stated CATV has stated the home
box office service connection is available once .the service comes in
to the community, costing in the area of $9. 00 a month. The home
box office service cannot be made available without the microwave
system.-.-Mrs . Katz. asked if any other townships in the east end have
voted not to have the increase?--The Village of Greenport has voted
not, but their decision may change. Riverhead and .:Sag Harbor have
voted in favor of the increase.
Supervisor Martocchia continued:.
13. Letter from Orient Fire Department relative to a fire at
the Orient Point Inn After discussion with the owners, the Inn
will be demolished.
On motion. 'of Justice .Demarest,' seconded 'by _Justice Suter, it was
RESOLVED that Elizabeth Ann Neville be and- she hereby is appointed
to the civil service position of Stenographer in the office of the
Town Clerk at an annual salary of $5, 500. 00 to be paid in regular
semi-monthly payments; appointment effective March 16 , 1976.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Town Clerk Judith T. Boken appointed Elizabeth Ann Neville as her
Deputy Town Clerk .effective March 23 , 1976.
14. Justice Louis Demarest stated the Town Board met with the
Planning Board on Monday, March 15th relative to the "dotted-line
road" shown on a leap of. property in Orient:' A resolution- has- been
'submitted to the Planning Board for their- consideration, and` the
said resolution will be considered at then April 5 meeting. ---
Justice Demarest read' the. proposed _resolution to the- concerned ,
citizens present. --John Tuthill asked for a summary bf- what the
resolution means .--Justice Demarest stated that something -that-' --
purports to be a road this is not sthere, is not actually there nor
on the map. The map in ,questionffor planning purposes. and the dotted
line that shows on -the .map was put on sometime after the map was
made.. It will have no legal affect. Nothing can force anyone to put
the road in. --Considerable discussion was held between the citizens
present and the Town Boar d 'concerning the "dotted-line -road" .
15. Discussion was held relative to the ferry in Orient causing
increased traffic, which will be heightened by 11 boats in season,
Plum Island traffic and other .factors, what will happen- to the State
road?_-Supervisor Martocchia stated there is' no` four-lane highway
planned, nor is there in the. program for Horton 'Lane, Southold to
the traffic circle in Greenport, which"has' been taken 'out for -quitbe
a few years. . The other link_ between Rivhrhead and Laurel, does not
appear in any plans for .the next 'ten years.--William Pell III asked
'if the State. by giving the .ferry line $200; 000. 00- to fix up the
terminal area at Orient would speed `up' the development in the middle
at Horton Lane?--Supervisor Martocchia expldned that $200,.000. 00 for
marine construction is minimal. The Town Board conditioned in their
resolution accepting sponsorship of the money, they specified decent
rest rooms and waiting rooms, in addition to which they are going to
build a new ramp, fix the existing ramp, -and do -a small--amount of
bulkheading. 'In addition,- 'the' Corps of.' Army Engineers has--held up
approval of the project at 'the' moment.—Barbara -Mariner asked- if-
- similar facilities are being built -in' New -L-ondon?__Supervisor
Martocchia stated they are and, it is being moved up the river. --
,Gladys Csajko asked if the money -is -a -loan' to be paid back or-actually
a ,grant?--It started to be a loan for 30 :years-,_' but it has changed and
it is an :outright grant. --Mrs.- Csajko stated she 'understood` that it
had to be accepted at the last'-meeting in order 'f-or -it to be put' into
the State, budget; if the Town had' not- accepted -it,' it would not have
been put in the budget.--Supervisor Martocchia stated it is true.
426 bk `2 T-1976
Mrs. Csajko stated she feels this is subsidizing a private business. --
Mr. Pell asked if the ferry line applied for it?--Supervisor Martocchia
stated they did. The do not like to give the money to private enter-
prise, .but they will let town government handle it.--Mr. Pell asked
when they applied?--Mrs. Katz stated they applied two weeks aft er a
hearing held in Hauppauge in June of 1975.--Mrs. Joyce Terry asked
who is paying for the rest rooms on the Connecticut side? The State
of New York?--Supervisor Martocchia stated the ferry line must do that
out of their own pocket.
Moved by Justice Suter, seconded by Councilman Rich,
WHEREAS John C. Tuthill has applied to the Town Board for a single
trailer renewal permit dated February 24, 1976,
NOW, THEREFORE, BE IT RESOLVED that the application of John C. -Tuthill
to locate a single trailer on his own property on the east side of
Elijah 's .Lane, Mattituck, New York, be rnewed for six (6) months.
Vote of the Town Board: Ayes : Supervisor Martocchia, . Councilman
Rich, Justice Suter,. Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Moved by Justice Suter, seconded by Councilman Rich,
WHEREAS the Marian Council #3852 , Knights of Columbus, Cutchogue, New
York, has applied to the Town Clerk for a Bingo License, and
WHEREAS the Town Board has examined the application, and after
. investigation, duly made findings and determinations as .required
by law,
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby
is authorized and directed to Execute on behalf of the. Town. Board
the findings and determinations required by law, and it is .further
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo License to the Marian Council #3852 , Knights of Columbus,
Cutchogue, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Moved by Councilman Rich, seconded by Justice Doyen, it was
RESOLVED that Justice Martin Suter and Justice Louis M. Demarest
Bach be provided with a petty cash fund of $200. 00.
Vote of the Town Board: Ayes : Supervisor Martocchia, .Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Justice Demarest explained that the petty cash funds are being
established due to a change in the civil area of the court .whereby
someone can be served by registered mail, which is $1. 23 rather than
$6. 00 or $8. 00 to have it served personally. The money comes by check
and the money must be deposited in . the bank. Since a letter must be
sent out money must be put out for registered mail. The money will
also be used for postage. As the money comes back it will be put back
into the petty cash fund. Without . this fund the justices must pay
for the aforementioned expenses out of their own pockets.
On motion of Justice Demarest, , seconded by Justice Suter, it was
RESOLVED that the Town Board of the Town of Southold accepts the
$77, 000..00 bond of Carl Hornwood and Gloria Hornwood for roads and
improvements in the subdivision known as "Soundview .Acres at Orient. "
Vote of the . Town Board: 1.Ayes : . Supervisor Martocchia, Councilman .
Rich, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Supervisor Martocchia continued:
16. Letter from the Packard Hose Company, , Southold, Southold
Fire Department, Eagle Hook and Ladder, Chief of the Southold Fire
Department, relative to proposed legislation providing for a local
law- which ..would allow exempt organizations to have bitingo. and. wheels.
3 1;9 76
_17. .,-Letter relative to ,hazardous fire. conditions at 'the Orient
Point -Inn :from R._E... VanN stra,nd of. the Oyster Ponds. Chemical Company.
M, , 'Notice to.-. all -Civil.- Service employees,, stating
..,.the ..Town is
-a.uthorize,d. tp ,ded.uct their. dues and they will have an increase in dues.
. 19. Letter s from the Department of Labor relative to summer
work .programs ,f'or- young '4�qys_ and gi.rls..,_. .If the, names are submitted
a list will be on hand if, .a p9sition is- avai.lable.
Mrs. Joyce Terry, Orient, requested the Town Board to follow the
procedure of the Town Trustees, whereby their, agenda. is published
..in the, local newspapers.on the we,ek,,preceding, their meetings. Could
the Town Board have. such .an, agenda,, and publish it?--Supervisor .
Martocchia, stated..,it .is. a very good, thoucjht;. however_,... the_ _a genda
for. the,.T.own -Board.. is, started. at least a week in advance, and continues
to grow right .up to the meeting..--Mrs. Terry 'feels the public would be
.made ,aware. when something ,of interest is to be discussed, and. can make
arrangements* to be at. the meeting. . Couldn 't the Town Board have a
,cut off?--Supqrvisor, Martqqchia .stated th.ey, try ,#o ,do that, but there
are circumstances that the. Board cannot control and cannot refuse
.acceptance of filing,.certain ,applic4tions.-
Mr. Samuel Mqrke 1,,comme,nted ,o g
'n Patrolman Mellas being.: of an
infraction of the rules, stating he has known Patrolman ,,Me.Ilas ,many
years, he has been an excellent patrolman as far as he is concerned,
he did not think there had been any charges against him before, and
the charges should be weighed very carefull to see if there is
pq1pq.tanqe in, it. or -something _that. has- been blown :out of proportion
to wha-t normally happens at, the .ranges.--Supervisor Martocchia thanked
Mr.. Markel for his interest. . _
The, question was brou h.t
._,.-up by, Barbara Mariner about the. .dredging of
James-, _Creek and- .Deep- Hole..Creek. and- stated. if. Jame.s.. .C.reek. is. not
dredged very soon, It will be: a, :great, financial hardship-, for-...t,he.
t
people in the area.--There is nothing the Town Board can do o speed
-up.- a ,dr-edg ing_�date.,.a-s, there are, .4 8 s teps that, must be .-taken before the
.WQr-.k, ..qan begin. ,. ......
Mrs. Ma-ri.e Johnsbn- ,asked, about. th.e , summer jobs. mentioned .previously,
if they are the same jobs mentioned at prior meetings.?- What agency
is funding them?--Supervisor Martocchia stated the federal government
is',;funding :the jobs;. the town has. about 'six of. the jobs filled at the
-present,..,time.77--What kind of, work.?--heavy,,equipment, oppretor, ,. custodian,
bay constable,-, radio ;operator, laborer.. . Tt,.is .a -learnip,%, program for
the 'employees, and the employees are sent .by_the ,Suffolk. County ,'Depart-
ment of Labor, Riverhead.
Mrs. Gladys Csajko asked if the Board is aware that under Article
VIII of the Public Service Law which deals with major steam electric
generating facilities, municipal parties to proceedings thereunder
may apply for an allowance to defray the expenses incurred by them
for expert witnesses and consultant fees? Mrs. Csajko asked if Southold
Town could .apply fo the State for dunding to take care of Mrs. Tiedke?--
There was money available .'and Riverhead went into that but found they
were over their heads. Southold Town is going to stay with Mrs. Tiedke
s
as the Townjcompletely satisfied with herservices. Supervisor
Martocchia stated he would look into the matter.
Mrs. Csajko asked why the town did not put the conditions of the
K.O.A. resolution into the newspaper whem the legal notice was published,
the metes and bounds description was the only thing published.--Super-
visor Martocchia stated the change is on the land only, and the
conditions are part of the motion for use of the Planning Board. --
Mr. Pell concurred with Mrs. Csajko in stating the public would like
to see the conditions. ( legal notice was republished with conditions
in the local newspapers on April 1, 1976. )
4 8J- AR 2>�:��976
Mrs. "Katz stated -she would like' `to see the' Southold Town Board do
twhat othdir' towns ' are ' doing, such 'as meet with the press one half hour
before meetings, and have the resolutions ready, •but- i�z might be
helpful .if the 'board has as much of the- "resolutions ready as they
could so they dould' be picked' up-, as we'el as' part* of the agenda of
the meeting.' it' would lead' 'to better''uriderstanding on the patt of
the public and better questions would be asked.
Mrs. Casjko 'askbd` about' the legal` ndtices: of: February 12th; stating
two notices to bidders' were not passed at- the meeting.' One , was 'for
the replacement of street lighting Iiktures"and the other was for
the truck `and' facilities - aerial lift.- Supervisor-' Martocchia 'stated
there we're resolutions adopted -for each of those 'items, they could
possibly have happened' after a recess- when no- one from the public
reappeared at' the meeting. - Those resolutions might possibly have
'been 'adopted 'at a meeting• prior' 'to, February' loth; but were-' adopted
at a legal open meeting of the town board. --Mrs. Csajko asked why
the sealed bis which are read aloud `are' not read on board meeting
days instead' of' a Thursday or Monday?--Supervisor Martocchia explained
the method of bidding and advertising, length -of time' involved in
opening the bids and electing the lowest responsible bidder. The
public 'notice gives' the' time for 'opening the bids, 'arid the public
is invited to be there.
" (Justice Doyen 'left to' return to' Fishers `2sland at 4 :30 P.M'.)'
Mrs. Csajko asked when the dbg' pound ,will be'-opened up?--Supervisor
'Martocchia' 'sta'ted 'it' is operational and two people' have been''hired
to start work on Mardh 16th. --Steve Mazzaferro and 'Lois Mellas.
Mrs. C'sajkb stated she has 'a ''copy of "Today s Policeman"arid, would
appreciate those members of the board who are against 'the leash -law
to "read an article which appears .-in the 'magazamee'o
'Mr. ' Pell 'asked who ha5' the bids that are received on various items,
or if they are recorded in the town minutes?--Supervisor Martocchia
stated he has all of the bids on file in his office, and wheys the
'bids' are 'awarded "they are' done so by •a' resolutibn"of the town board
at a regular meeting.
'On motion 'of "justice' Suter, seconded by Councilman Rich, :it -was:
RESOLVED that there -being no further business to come be'fo're -this
town board meeting, adjournment be called at 4:40 P.M.
Vote of the Town Board: Ayes : Supervisor `Martocchia, Councilman
Rich, Justice Suter , Justice Demarest.
This resolution was declared duly adopted.
Judith T. Boken
Town Clerk