HomeMy WebLinkAboutTB-06/08/1976 �} ! 1976
SOUTHOLD- TOWN BOARD MINUTES
June 8, 1976
A regular meeting of the Southold Town Board was held on Tuesday.,
June 8, .1976 at the town board meeting room, 16 South Street,
Greenport, . New-York... Supervisor Martochhia called the meeting
to order at 3 :15 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
Justice Francis T. .Doyen
Town Attorney -Robert -W. Tasker
Highway Superintendent Raymond C. Dean ..
Town- Clerk -Judith T. Terry
Supervisor Martocchia apologized for starting the meeting late. The
board. .had-beenin the process of signing contracts for the .addition to
the- town hall in Southold with the- various .contractors..
On. motion.,of Justice Suter, seconded by Justice Demarest, it was
RESOLVED -that the minutes of the Southold Town Board meeting of
May 25, 1976 be and hereby are approved:
Vote of the Town Board: Ayes : Supervisor Mattocchia, Councilman Rich,
Councilman Homan, -Justice "Suter -Justice; Demarest;.,_ Justice Doyen.
This resolution was declared duly adopted.
On motion -.of Justice Demarest;,: seconded by Councilman Homan, it .was
RESOLVED-,-that the next regular- meeting of the Southold. Town Board will
be held at- 3 :00 P-.M. , Tuesday, June 22, 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,, Justice Doyen.
This resolution was declared. duly adopted.
On motion of Councilman Rich,. seconded .by Justice Demarest, it was
RESOLVED that the May reports of the Supervisor, Justice Suter., Town
Clerk, and Building Department be and hereby are received and placed
on file. 1 . .
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich,
Councilman Homan,. Justice Suter, Justice Demarest, Justice Doyen.
This resolution. was declared dulyyadopted.
Supervisor Martocchia reported:
1. Heard�ng on June. 9. at, the Greenport School, 7 :30 P.M. , relative
to the dredging of the Thames River. Southold Town will,_ be represented.
2. Receipt .of letter from Pan. Theil re.lativeo to assessment.
3 . Receipt of letters felative to dog problems : - Malcolm Tuthill,
Trudi Schneider and Alfred Ddudert, . President of the Mattituck Senior
Citizens. 1 I
4. Letter from New York State Parks & Recreation Agency stating
the Orient Historical District was entered on the National Register of
Historical Places on- May 21, 1976.
5. .Letter from-T-.D.D. Enterprises, Inc. asking to be- considered
by the town for a program of service fora telephone system at the
town ball.
6. Request from CAST located on -South Street, Greenport, asking
for assistance in paving their parking lot. This has Village of
Greenport property.
976
7. Letter from Berhan Industries asking for an opportunity to
present a program of microfilming of town records.
8. Letter from John Wickham asking the town to participate in
supporting an agricultural' -re.sear.ch- station in the town by providing
$5, 000. 00. The Board will consider the request.
9. Letter from the New York State Assembly relative to date
changes they are considering for payment of school taxes. The Bill
is before the Assembly at this time.
On motion of Justice Doyen, seconded by Councilman Homan, it was
RESOLVED that the -appointment of Alfred R.—Grebe., Sr. , member of the
Southold' Town Planning Board be and hereby is extended one year,
whereas the town-has received a waiver and approval - for such extension
from the New York State" Retirement System.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
On motion of Justice Demarest, seconded by Justice Suter, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to pay Weidersum Associates, architects for the town hall
addition, 80% of their cbntract ,price; said amount being $30, 267. 12.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter; Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
On motion of Justice Suter, -'seconded by Councilman Rich, it was
RESOLVED-that -Patricia Schwicker, Mattituck, New York be and hereby
is appointed to the Board of Assessment Review to fill the unexpired
term of Anthony DeMaula; said term to expire February 22, 1981.
Vote of the- Town Board- Ayes : Supervisor Martocchia, Councilman Rich,
Councilman Homan, :Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
On motion, of Justice Demarest, seconded by Supervisor Martocchia,
it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the -applicability of- the State Building Construction Code for the
Town of Southold to become effective in said Town of Southold on the
8th day of June, - 1976 in accordance with the provisions of section
374-a of the Executive Law, and it ,.is
FURTHER RESOLVED that the Town Clerk,; be, and hereby 'is- .instructed
to file a certified copy of -this resolution in the principal office
of the State Division of Housing, and in the office of the "Secretary
of State.
Vote of-Ithe ,Town Board: Ayes : Supervisor Martocchia, Councilman Homan,
Justice Suter, Justice Demarest. Not "Voting: Councilman Rich Justice
Doyen. . . .
This resolution was declared duly adopted.
On motion of Justice-Derriarest, seconded by Justice Doyen,
WHEREAS a proposed Local- Law No. ' l - •1976 was introduced at a- meeting
of this board held on the 9th day of December, 1975 , and
WHEREAS a public hearing was held thereon by the Board on the 20th
day. of- January, 1976 - at 8 :00 R.M. , at which time all 'interested
persons were given an opportunity -to be heard thereon,
NOW, THEREFORE,- BE -IT RESOLVED that Local Law No. 1 - 1976 be enacted
as follows, to wit:
- A 'LOCAL LAW REGULATING THE
RUNNING AT LARGE OF DOGS
Be it enacted by the Town Board 'of the Town of Southold as
follows: -
The Code of the Town of Southold is hereby amended by 'adding a
new Chapter thereto, to be Chapter 38,. to read as follows :
Section 38-1 •Prohibited activities.
It shall be unlawful for any person owning or harboring any dog
in the Town of , Southold to permit or -allow such dog to:,.
JUN 81976
A. Run at large elsewhere than upon the premises of the owner
or custodian unless said dog shall be on a leash or accompanied by
a person. at least twelve (12) years of age, having adequate control
of such dog, or unless it be upon the premises of another person with
the. knowledge and consent of such person. For the purpose of this
chapter dog or dogs hunting in company with a hunter or hunters shall
be considered as accompanied by its owner.
B. Engage in habitual howling or barking or to conduct itself in
such a manner as to habitually annoy any person other than the owner
or person harboring . such dog.
C. Cause damage or destruction to property other than the
property of the owner or person harboring such dog.
D. Chase or otherwise haress any person in such manner as
reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
§38-2 Enforcement by Dog Warden.
The Dog Warden shall enforce the provisions of this chapter.
. 038-3 Filing complaints.
. Any person who observes a dog causing damage or destruction to
the property of a person other than its owner or one harboring a dog,
or causing an annoyance to a person other than its owner or one
harboring a dog, may file a signed complaint, under oath, with a Town
Justice of the Town of Southold specifying the objectionable- conduct
of the dog, the date thereof, the damage caused, a description of the
dog and the name and residence, if known, of the owner or other person
harboring said dog. .
038-4 Summons by. Town Justice.
Upon receipt by the Town. Justice of. any complaint against the
conduct of any particular dog, . the Town Justice may summon the alleged
owner or other person harboring said dog to appear in person before
him. If the summons is disregarded, the Justice may permit the filing
of an information and issue a warrant for the arrest of such person.
§38-5 Seeing Eye dogs exempted.
This chapter shall notapply. to Seeing Eye dog during such time as
Such dogs. are performing the functions for which they are trained.
038-6 Seizure of dogs at large.
Any dog found at large, not under effective restraint or in the
immediate custody and control of. the responsible person, may be seized
by a duly appointed Dog Warden, or other duly appointed officer of the
Town of Southold, confined and impounded.
038-7 Confinement; redemption.
Any dog. impounded under .the provisions of this chapter shall be
confined in .accordance with the provisions of the Agriculture and
Markets Law of the State of New York and may be redeemed by the owner
or harborer thereof upon payment to the Town Clerk or Dog Warden of
the sums set forth .in the Agriculture and Markets Law. Any dog not
so redeemed shall at the option of the .Dog Warden be sold at public
or private sale or be destroyed or given to a recognized society for
the care and welfare of dogs. All proceedings shall be in accordance
with the provisions of the Agriculture and Markets Law of the State of
New York.
@38-8 Penalties for offenses.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation
punishable by a fine not exceeding two hundred fifty dollars ($250)
or by imprisonment for a term not exceeding fifteen (15) days or by
both such fine and imprisonment.
@38-9 Severability.
► The invalidity of any section, provision or portion of this
chapter shall not invalidate any other section, provision or remaining
portion thereof.
§38-10. Effective date.
This _chapter shall take effect ten (10) days after itssadoption.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich,
Justice Suter, Justice Demarest, Justice Doyen. No: Councilman Hoban.
This resolution was declared duly, adopted.
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JUN 81976
On motion- of Councilman Rich, seconded by Councilman Homan.-
WHEREAS the Southold American Legibn,. , Grisivold-Terry-Glover Post
#803 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 Griswold-Terry-Glover Post #803, 'American
Legion, Southold, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich
Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Councilman Homan,
WHEREAS the Southold American Legion' Auxiliary, Griswold-Terry-
Glover Post #803 , - ha.§applied to the Town Clerk for a Bingo License,
and
WHEREAS the Town 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 islfurther
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo License to the Griswold-Terry_Glover Post #803 , American
Legion Auxiliary, Southold, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia,, Councilman Rich,
Councilman Homan, Justice Suter, Justice 'Demarest-, Justice-' Doyen.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Suter,
WHEREASthe Sacred Heart R. C. Church, 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-deferminat'ions as -required by law-, and' it is further
RESOLVED that the Town Clerk be` 'and' she' hbreby is—directed to 'issue
a Bingo License to, the Sacred Heart R. C. Church, Cutchogue,'` New York.
Vote 'of the Town Board:` - Ayes : - Supe' rvisot`Martocch,ia,.. Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest;, Justice Doyen.
This resolution was' dec'lared duly adopted.
On ' motion of Councilman-- Rich, seconded 'by Justice Demarest, it'was
RESOLVED that the Town Board of the Town of ' Southold accepts the-
withdrawal of Mineola Electric for the electrical bid on the town
hall addition, as they made an incorrect tabulation and their quote
should have been increased by- $3800. 00, making their total bid
$51,80b. 00.-, which would not` make 'them the lowest bidder. _
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich
Councilman Homan,' Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted. '
On motion ' of Just-ice 'Demarest, ` seconded -by^Councilman Rich,-' it was
RESOLVED that Supervisor' Albert M. ''Martocchia be 'and he - hereby is
authorized to enter into a contract with McDowell Electric Corp. ,
the lowest responsible bidder for the electrical installation at the
Southold Town Hall addition 'at Southold,.: New York; in the amount of
$51, 289. 00. . ..
Vote of the Town Board Ayes ' Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest, !Justice= -Doyen,.
This resolution was declared duly adopted.
t . 1976 13,
JUN _ .
Supervisor. Martocchia :
10. Dredging projects---Paul Giuliano, Sterling Creek, Greenport
Hearing July. l, 1976-, last day for objections June 25, 1976. Harbor
Lights Association, Southold, Southold Bay, dredging entrance to channel,
hearing June 30, 1976, objections by June 24th. Paul Capron, East
Marion, construction 88 ft. of bulkhead and dredge. New Suffolk boat
ramp, hearing June 23rd, last day for objections June 17th, end of
Jackson Street. Corps of Engineers - Pott of Egypt, Sound at Orient,
Paul Knoke, Great Hog Neck, Southold. Northville Industries.�Corp. ,
install 2 - 36 in. diam. pipes in Long Island Sound.
Mrs. Shirley Bachrach commended ;tke Board on the adoption of the. New
York State Building Code.
Mr. Hickey asked about Item #15 on the agenda relative to flu shots. ---
Supervisor Martocchia stated there will be a meeting on June 9th
with the Suffolk County Board of Health to set up, a program for the
swine flu shots; to establish an Influenza Immunization Task Force.
Mr. William Pell III asked if there is anything new on the clinic at
the hospital?---Supervisor Martocchia stated there has been a meeting
with County Legislator Joyce Burland, Dr. Feldman and Commissioner
McLaughlin. Their studies and recommendations indicate there should
be a clinic, however, the money is scarce. They are going to try to
reshuffle then priorities to endeavor to provide $60, 000. 00 to buy
equipment for E.L.I. Hospital, with a goal for next year of $200, 000. 00.
Mr. Samuel Markel commented on the leash law, stating it seems to be
unenforceable unless the town hires as may dog wardens as they have
policemen, and numerous telephone operators to handle complaints.
He thinks a pressure group -pushed it through. .
Mr. Nelson Axien congratulated .the Board -on adopting the leash law.
He cited a situation in his neighborhood where dogs are a severe problem.
Mrs. Gladys Csajko complimented the Board on passing the leash law. .
She cited Bermuda as an example of an enforceable -leash law; and,
Greenport as an example of where the law is on the books, but not
being enforced. She feels the law should be enforced to the letter
and .a few examples made by fines being imposed.
On motion of Justice Suter, seconded by Councilman Rich, it was
RESOLVED that a recess be taken at 4:00 R.M. for the purpose of
auditing the bills; meeting. to reconvene at 4 :30 P.M.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
Meeting reconvened at 4: 30 P.M.
On motion of, Justice Suter, seconded.by Justice Demarest, it was
RESOLVED that the following audited bills be approved for payment:
General Fund bills in the . amount of $245, 699.45 ; Highway Department
bills in the amount of $90, 685. 51; Fishers Island . Ferry District
bills `in the amount of $25, 758. 08, Installation of Street Lighting
bills in the amount of $13, 525.00; and Federal Revenue Sharing bills
in the amount of $59. 16.
Vote ,of the Town Board: Ayes : . - Supervisor Martocchia, Councilman'
Rich, Councilman Homan;. Justice Suter, Justice Demarest, Justice Doyen.
This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Rich, it was
RESOLVED, that there being no further business to come before this
town board meeting, adjournment be called at 4 :40 P.M.
Vote of the Town Board: . Ayes : Supervisor .Martocchia., Councilman Rich,.
Councilman Homan, Justice Suter, Justice Demarest, . Justice Doyen.
This resolution was declared duly adopted.
Au'd'Nh TClerkrry6