HomeMy WebLinkAboutTB-12/21/1976 131
SOUTHOLD TOWN BOARD
December 21, 1976
A regular meeting of- the Southold Town Board was held on Tuesday,
December 21, 1976 at the office of the Supervisor, 16 South Street,
Greenport, 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 minutes of the December 7, 1976 Southold Town
Board meeting be and hereby are approved.
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 Homan;. it was
RESOLVED that the next regular meeting of the Southold Town: Board
will be the organization meeting on Tuesday, January 4., 1977. at
the office of the Supervisor, 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 Justice Demarest, seconded by Justice Suter, it- was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized .to 'arrange for transportation and lodging for all
authorized town officials who wish .to attend the Association of
Towns. 1977 Annual Meeting in New York City on February 21, .-,_229
and '23, 1977.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter:, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia:
1. Item 7 on the agenda refers to the Open Meetings Law which
will be effective January 1, 1977. The Boand will discuss it further
in January.
2. Receipt of a letter from Eastern Suffolk for Safe Energy,
Inc. asking the town' s position on the Jamesport Nuclear Plants,
do they favor them or oppose them?---Up to now Jean Tiedke has
been the intervenor for the Town of Southold and has brought back
many reports and recommendations, but she has been advised not
to take a position for the Town of Southold at this point as they
want to hear it, ,out. ..If it..becomes critical for the Board to
take a position it will be discussed thoroughly with Mrs. Tiedke
first. At this point the rgiy to the Safe Energy Brganization
is no position at this time.
3. Receipt of a letter from Mr. John J. Jazwa, a summer
resident at. Kenney's Beach asking why a huge pile of broken
cement is on the parking..lot_at Kenney°s Beach?---Supervisor
Martocchia stated the cement is being used for properties west
of Kenney' s Beach to shore up the front of their property to
prevent further erosion.
4. , Receipt of a letter from the office of Perry B. Duryea,
Assemblyman, State of New York, thanking the Board for notifying
him of the resolution they adopted urging the New York State
Legislature to amend Article 14 of the Civil Service Law regarding
collective bargaining between public employers and police. He
stated he will keep the position of the Town Board in mind when
dealing with this matter.---Supervisor Martocchia stated the
eastern towns are opposed to binding arbitration and the third
person who is appointed to make the final decision, as the town
officials are elected to make the decision as to how the money
of the town is to be spent..
5. Receipt of two letters from Southwold, England expressing
their appreciation to Councilman Homan for bringing ,the gifts
which the Town Board sent on his recent trip to England, and for
the gifts Councilman Homan personally presented to them. The
various items were displayed for residents of Southwold on the
3rd of December at their main public hall. In June of 1977 they
will be celebrating the Silver Jubilee of Queen Elizabeth II
and,Seuth*old asks if Southold Town would care to have a part in
their celebrations by providing them with a message which can be
pr-:nted - as a frontispiece to the printed souvenir program of the
planned festivities.---This will be done.
6. Receipt of three letters-from -Brookhaven Town, Easthampton
Town and Smithtown relativeto Tri-State Planning.
On motion of Councilman Rich, seconded by Councilman Homan., it was
RESOLVED that the Southold Town Planning Board be submitted the
resolutions of Brookhaven Town., Easthampton Town and Smithtown
Town relative to Suffolk County Resolution #731-1976 which proposes
that the Suffolk County Legislature shall inform the Federal
Government of its intent to form an independent Suffolk-Nassau
Regional Group rather than participate in the Tri-State Planning
Region, and ask . for the study and recommendation of the Planning
Board of 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 Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that John Clark and 'Joseph Gordon be and hereby are
reinstated as. police officers for the Town of Southold on the
Southold Town Police Department effective January 1, 1977.
Vote of the Town Board.: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter; Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia:
7.. Item 14 on the agenda pertains to hospitalization coverage
for retirees. There are some provisions the board must study
further. At .one time if .you were. an. employee of the town for five
years or a charter member when hospitalization first went into
effect. - There are amendments that can be made to that and the
board is studying the amendments and will act on them at the next
meeting.
On motion of Councilman Rich; seconded"by* Councilman Homan, it was
RESOLVED that the cluster concept subdivision known as "Southold
Gardens" owned by Babcock & Rimmler and located in Southold be
approved and referred back to the Planning Board.
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 Justice Demar�:st, it was
RESOLVED that the cluster concept subdivision of Walter Gatz at
Bailey Beach, Mattituck, New York be approved and referred back
to the Planning Board.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice .Demarest.
This .resolution was declared duly adopted.
Supervisor Martocchia:
8. A bid was opened on December 20th for the computerization
of the tax rolls and tax bills. Parity Systems Corporation submitted
a bid figure of $36,000.00 for three years, whereas their contract
for the past three years was $21,600.00. The board is going to take
some time to study this bid proposal and try to do better..
9. Eight bids were received for drapes- for the town hall.
Wallace Furniture & Upholstry Co. , Southold was low bidder °at
t2,318.14.
139
On motion of Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that the bid of Wallace Furniture & Upholstry Co. , Southold
in the amount of $2,318.14 for drapes for the town hall, Southold
be and hereby is accepted.
Vote of the Town Board: Ayes: Supervisor Martocdia, 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 a recess be taken at 3:30 P.M. for the purpose of
holding a public hearing on the matter of the application of Henry
Smith for a- wetland permit. Meeting to reconvene following the
public hearing.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, •Ju8tice Demarest.
This resolution was declared duly adopted.
(Meeting reconvened at 3:40 P.M. )
Supervisor Martocchia:
10. ' ' Item No. 19 on the agenda refers to the Las Vegas
referendum and enforcement dates. When the Town of Southold
adopted the local law some time ago and placed it on the ballot
on November 2nd, there was an e;-ror; there must be 60 days between
the adoption of the local law and the referendum. Therefore, there
must be another referendum date set which should be ready for the
next board meeting. Further, there are ' some sections in the law
based on fees charged where there are options--if the town accepts
the fees they must be the enforcing officer; if they do not want
to do it they may pass it on to the county and they *.gill be the
enforcing officer. A decision on this option has' not been made by
the board.
11. Some time ago some land was surveyed for the purpose
of drainage at Indian Neck Lane. An appraisal was made for the
land which is 75 ft. , owned by two individuals. Mr. Charles
Barnett; a specialist in land ' studies was called in and met with
Deputy Superintendent of Highways Raymond Jacobs and they, reviewed
the project and he will submit a written report and recommendation
as to how'the land should b'e drained.' The letter is expected shortly.
12. Item 21on the agenda refers to the decision on the hearing
relative to a wetland violation by the Estate of Valentine Ruch IV.
The board upheld the decision of the building inspector and advised
the applicant to apply for a wetland permit.---Mr. Paul Stoutenburgh
asked if there is a penalty for someone who violates the rules of
the town?---Supervisor Martocchia stated the violator could be made
to remove the fill. The entire board has visited the site several
times.
13. The board is expecting the retirement resignation of
Police Officer Harry Smith at any time. He has applied for retire-
ment and it is to become effective January 1, 1977. The town. board
will send a letter of appreciation for his many years of fine
service to Police Officer Smith when his letter is received.
14. CSEA negotiations have been settled and an agreement has
been reached for a two year contract. Last night there was a vote
of the membership to accept the contract and 'today the tentative
contract was signed.
15. PBA negotiations are still in effect. 'No agreement has
been reached as yet. .
16. A request has been received from the Long Island Lighting
Company for an easement across town owned land. Before the Town
of Southold agrees to this easement they would like to see it in
writing.
17. A request has been. made to amend the Peddling and
Soliciting :Ordinance .'to change' the morning starting hours of
9:00 A.M.. to an earlier hour. The board will consider. the request.
18. Request from BOCES requesting a copy of the resolution,
if adopted, regarding the Business Property exemption, per Section
485 B of the. Real Property Tax Law, pertaining to business and
industrial exemption. The board has met with the principals of
the Southold; Mattituck, Greenport, Orient and by telephe with
Fishers Island. There will be a further meeting in January when
the aforementioned principals have had an opportunity to consult
tlth:�th;eir board of' educations, acid determine their feelings.
19. Letter from Dan Arcuri, owner of property' at Horton
Point, Southold, requesting a street light in front' of his
property and 'a change in the parking regulations' -in that area.
The Board will try to correct the situation.
14 ' ZE-C al-11976 -
20. The town is receiving funds for damage done by- Hurricane
Belle. The town ggeneral. share-will be $6,835.30, and the highway
will. receive $30,464.70. The money will be placed in cash receipts,
Highway, and the highway will reimburse the general fund in the
amount. of $6,835.30.
21. Letter of complaint from Lois Lesnikowski, . Mattituck,.
North Drive, Shore Acres, stating .a neighbor has old used cars
and unsightly pig pen, debris around his property and now the
invasion of large rats. Mrs. Lesnikowski has - been notified that
the Board of Health ,and Building Department has- been advised of
the situation and steps are being taken to clear the matter up.
22. Receipt of a letter from Bay Constable William Januick
commending Mr. James King, Charles King, Mark King and Anthony
DeMaula for their assistance, in aiding persons in distr,ess through
their boat at Mattituck Inlet.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that James King, Charles King, Mark King and Anthony
DeMaula be and they are hereby commended for their fine service
to the Town of Southold in volunteering their services in rescue
and distress situations on numerous occasions in the past, and
a letter of appreciation be sent! to them.
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 application f_or: a trailer renewal of George A.
McCarthy, private road Laur.el, .New York, be and hereby is 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.
Supervisor Martocchia:
23. There is. a bill before the Legislature called the Heart
Bill concerning someone in the line! of duty suffering a heart
, 24. . Receipt of correspondence relative to the retirement
system. A law has been passed whereby all seasonal -help, such as
lifeguards.,. beach attendants are eligible for retirement. That
would mean the Town of Southold, .and all other towns, would be
required to pay 21% into the -fund, and many of these part time
people would not stay in town employ and the monies would be -
list to the town. The towns are very 'much against this rule, so
it has been modified to read "optional. "
On motion of Justice Demarest, seconded by Councilman Homan, it was
RESOLVED that the Town of Southold support the removal of the bill
which would make it mandatory for retirement to be paid for seasonal
and part-time employees.
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 $10,392.00 be and hereby is transferred from Highway
Item III Unexpended Balance to Highway Item III Equipment.
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 $200.00 be and hereby is transferred from Highway
Item IV Social Security to Highway Item IV Personnel Services.
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 Homan, it was
RESOLVED that the following monies be transferred:
From Town Clerk Equipment to Town ,Clerk Contractual-$285.52
From Justices Equipment to Justices Contractual-$43.15
From Unexpended Balance Whole Town to Street Lighting;'- Village
of Greenport-$637.14
From Parks Equipment -to Parks Gontractual.4149..61
From Unexpended Balance Whole Town to Historian-$1,000.00
From Unexpended Balance to Disposal; Area-$928.97
ri SEC ;211976 :.41
T '
From Unexpended Balance to Hospitalization-$2,056.02
:: From Unexpended Balance to Tax -Collection-$1,002.40
From Unexpended Balance to Town Attorney-$759.80
From Unexpended Balance to Unallocated Insurance-$7,975.00
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 following monies be transferred:
From Equipment Bay Constable to Contractual Bay Constable-$333.52
From Equipment Safety Inspection to Contractual Safety
Inspection=$62.36
From Part Town Contingent Fund 'to Hospitalization, Part
Town-$1,990.15
Vote' of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest..
This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Rich, it was
RESOLVED that the following monies be transferred:
Frrom Whole Town Unexpended Balance to Councilmen-$.32
From Town Justice Equipment to Town Justice Personal
Services-$956.85
From Whole Town Unexpended Balance to Town Justice
Personal Services-$228.93
From Town Clerk Equipment to Town Clerk Personal Services-$50.00
From Whole Town Unexpended Balance to Refuse & Garbage
Personal Services-$866.07 plus overtime & 1 extra day
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 following monies be transferred, upon request of
the Fishers Island Ferry District, to the following accounts:
From Repairs of Buildings to Payroll-$150.00
From Repairs of Buildings to Operation of Ferry-$3,022.39
From Acquisition of Ferry to Repairs to Ferry-$4,710.97-.
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 Chief .Carl Cataldo is hereby authorized to sign an
agreement on behalf of the Town of Southold with Theodore 0. Bittner,
Soundview Avenue, Southold, for the connection of a leased line
alarm system to the alarm panel- of the communications console at
Police Headquarters, Main Road,- Peconic, 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 Homan, seconded by Councilman Rich, , it was
RESOLVED that the bill of Trius, Inc. , a bid item, in the amount
of $10,392.00 for two Hi-Way 12' Model "E" Spreaders be and hereby
is ordered paid.
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 following audited bills be paid: (Total $4,365.00)
Board of Elections, proposition-Nov. 2nd ballot-$165.00
Harrison Demarest & Sons, lease for property-$100.00
Southold Union Free School, recreation program-$2,800.00
Sunrise Coach Lines, Southold Senior Citizens-$230.00
Sunrise Coach Lines, Mattituck Senior Citizens-$350.00
Sunrise Coach Lines, Southold Senior Citizens-$120.00
Raymond-Cleaves Post #861, Room Maintenance-1976-$200.00
Veterans 'of Foreign Wars, Southold, Room Maintenance-1976-$200.00
Burton Potter Post,, Room Maintenance-$200.00
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Mr. Paul Stoutenburgh brought up the matter of runoff of waters
from the town roads into the creeks. He suggested that a program
be set up in the town so that every year a certain amount of money
can be set aside for drains in the-- town; ,he cited one example -
Skunk Lane -to EugenelRoad to Indian Neck. There should be a
continuous storm drain program set: up for the future. The town
right allocate so much money each year, eventually the program
could be set into motion.---Supervisor Martocchia stated that
such a program is. being set up right now, and they are working
on the problem at Indian Neck Lane.---Justice Suter stated there
is a drainage account of. $2,000.00 each year, but he realizes
there should be much mor.e.'
Mr.. Stoutenburgh suggested that the town ask the Coast Guard to
place. a boat in Mattituck Inlet. There have been several near
disasters in that area, and the town is large enough to require
a Coast Guard boat in the area.---Supervisor Martocchia stated
he spent about six months in discussion with the Coast Guard
trying to get a boat for Mattituck Inlet. He made arrangements
with the Mattituck Marina for the boat to be tide up at their
facilities. It is close to being a. reality; if not with the
Coast Guard, with a boat being loanded to the town by the County
of Suffolk, a 37 ft. twin-screw Chris Craft, and the town just
received another boat from the County: a short time ago, a 45 ft.
pickett boat. One of those boats will bedplaced in .the Mattituck
Inlet if the Coast Guard does not decide to respond to our request.
There is a Coast Guard reserve group in Mattituck area who are
willing to take on the responsibility of the loan boat. One war
or another there will be a boat there by next summer.
Supervisor Martocchia wished everyone, on behalf of the entire
board, a very Merry Christmas and fruitful New Year.
On motion of Councilman Homan, seconded' .by Councilman Rich - it was
RESOLVED that there being on further business to come before this
Town Board meeting adjournment be called at 4:10 P.M.
Vote of the Town Board: . Ayes: Supervisor Martocchia,,. Councilman.
Rich, Councilman Homan, Justice Suter, Justice .bemarest.
This resolution was declared duly adopted.
*udith T. Terry�—
Town Clerk