HomeMy WebLinkAboutTB-10/28/1975 1- '
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SOUTHOLD TOWN BOARD MINUTES
October 28, 1975
A regular meeting of the Southold Town Board was held on Tuesday,
October 28, 1975 at the town board meeting room., 16 South Street,
Greenport, New York. Supervisor Martocchia called the meeting to
order 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
Highway Superintendent Raymond C. Dean
Town Clerk Judith T. Boken
Absent: Justice Francais T. Doyen
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the minutes of the Southold Town Board meeting of
October 7, 1975 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 Demarest, seconded by Justice Suter, it .was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3: 00 P.M. , November 6, 1975 at the town board
meeting room, 16 South Street, Greenport, New York.
Vote of the Town Board: Ages: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resoution was declared duly adopted.
Supervisor Martocchia reported:
1 . The entraNce of the Gull Pond area which has eroded,
has been studied by Town Engineer Lawrence Tuthill and Highway
Superintendent Raymond Dean and it has been determined about
17 pilings must be replaced. The job will be done by the
highway department before next spring.
2. Several items must be corrected at the dog Sound. The
factory representative has been on the site and noted the
corrections. It has also been brought to the town board' s attention
by Dr. Zitek that the cages presently in the pound are not�satis-
factory, and do not meet the specifications for the poun�d)J
3. Dr. Maurice S. Shahan,DVM read a letter presented to the
Town Board by Lawrence Waitz,DVM, John C. Stevenson,DVM, and Dr.
Shahan. This letter stressed the need for a dog leash law, stating
numerous towns and cities throughout the country have such laws
for years; the obvious and primary purposes being the protection
of communities against what sometimes become nuisances or outright°
menances; spreading diseases, fleas, dog bites, causing serious
accidents involving motorists. (copy, of this letter on file in the
Town Blerk' s Office. ) Supervisor Martocchia stated that the
Town Board will respond to the letter at the next town board
meeting on November 6th.
4. Mr. David Driscoll asked how many dog bites were
registered with .the police department - and then stated that
as of the :end of Shptember there were 60 dog bites reported,
and the police said you could multiply that figure by three.
Mr. Driscoll stated that he had originally proposed a dog
lease or control law a year and a half ago.
On motion of Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to join with other supervisors in meeting with the
Public 'Service Commission to protest their ruling in granting
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the Long Island Lighting Company the authority to charge motels
85% of the demand charge from their peak summer months, year round,
whether or not they use power during the winter.
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, members of this Board have entered into negotiations with
members of the Board of Education of the Southold Union Free School
District for the purchase by the Town of Southold from said School
District of the school property of said District located on the
easterly side of Peconic Lane at Peconic, in the Town of Southold,
and containing approximately 4 1/3 acres of 'land together with the
buildings and improvements thereon, and
WHEREAS, on October 16, 1975, the Board of Education of said School
District adopted a resolution authorizing the sale of said school
property to the Town of Southold for the- sum of $350,000.00, subject
however, to the ratification and approval of such sales by too qualified
voters of the School District at a special meeting to be held prior
to December 30, 1975, and further subject to the approval -prior to June
39, 1976, by the voters of said School District of a bond issue to
provide funds for the cost of construction of a new school building
to be located on the west side of Oaklawn Avenue at Southold and for
the renovation of existing structures thereon, and providing further
that the conveyance of said property by the said "School District to the
Town of Southold shall not be made until said School District shall have
discontinued the use of said school property, which shall not be
later than June 30, 1978, and
WHEREAS, the Town of Southold presently has federal revenue sharing°
funds on hand sugfieient to pay the total comet of the purchase of
said property, and
tHEREAS, a proposed wrzttm contract of sale containing all of the
above provisions has been prepared. by the attorney for said School
District and submitted to- this Board for its approval and exbeution,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1 . That this Board does hereby approve of said contract submitted
to it by the- attorney for the Southold School District and does hereby
authorize and direct the Supervisor to execute the same on behalf of
the Town of Southold.
2. That the purchase price of said property be provided for by
the use,-of federal revenue sharing. funds of the Town of Southold
presently available therefor, and that such funds in such amount be
and they hereby are appropriated for such purpose.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Questions from the public continued:
4. Mr. ' Charles Meyer asked if the Town Board has any figures
to offer the public regarding the -expenditures subsequently to be
made on the Peconic school. --Supervisor Martocchia stated that the
preliminary thoughts are that the town should break through the
back of the biitlding and connect the auxiliary buildings; and
some changes in the bathrooms. Presently it is thought that $50,000.
might be a possible- figure. However, if there is a need for additional
money, the present town clerk' s building will be sold in any event, and
therefore provide additional funds.-'-Councilman 'Homan further stated
that $350,000. is being set aside now, and is presently drawing interest
at about 99/6, and that would mean probably another $50,000. or $60,000.
in addition to that money available which would more than cover the
renovation.--Mr. Meyer asked if it is proper to set . aside . these moneys
before- the voters determine whether or not they wish to sell the
buildings.=-Supervisor Martocchia stated that is one of the contingents
in the resolution.
5. Mrs. Mable Lytle spoke on behalf of the North Fork Taxpayers
Inc. and the Southold-Peconic Civic Association, Inc. bringing to the
Mown board' s attention the legal notice in thellocal newspapers
stating "Personal Registration of voters, Nov. 20. , 1975, 12:00 noon to
9:00 o ' clock P.M. " . A new state law went into effect on Sept. 1st,
1975 stating "anyone registered. with the Board of Elections for
federal, state and local elections, will now be automatically eligible
for school voting. " Mrs. Lytle stated she checked this with the
Board of Elections, and asked the Town Board to check this.--Town
Attorney Tasker stated the legality of the notice of the registration
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.with the school district is up to the shcool district and its
attorney. :However, there is a slight gap; you might have people
who are not registered for a general election, and you might have
voters who are not registered for the school district, so they
would have to register to vote for this specttLl election. The
notice referred to is directed to those not now registered either
for general election or school district. -- Mrs. Lytle asked that
someone in authority check into this matter.
6. Receipt of a request for a dredging project at Gardiners
Bay Estatestto the Army Engineers. November 23 is the final date
for filing objections.
7. Request for a Bike-A-Thon sponsored by the American
Cancer Society requesting permission to -a-se various park districts
areas. The letter has been referred to Justice Suter who will
transmit it to the park district in Mattituck.
8. Letter from Dr. Yollaz, Stony Brook Health Sciences Center
re: an amblatory health center. This has been discussed with County
Executive John Klein, Dr. Mary McLaughlin and the E.L.I. Hospital
board. It has been decided a place will be set aside in the new
area of the hospital. Some money has been set aside in the county
budget for that purpose and a study has been made by Mr. Mary
McLaughlin' s office and it has determined such a facility is needed
in this area.--Mrs. Sherley Katz asked if the Southold Community
Health Council who is apparently going aft*er the same funding that
has already been allocated to the Southold-Shelter Island Unit;
is there a duplication of effort, have they met with the town?--
Supervisor Martocchia stated he has met with them twice and it
has been decided it will go into the new part of the hospital.
If the Southold-Shelter Island Unit chooses to have a free-standing
unit, they have to provide their own funds.
On motion of Justice Demarest, seconded by Justice Suter, it was.
RESOLVED that the Southold Senior Citizens be provided with two
buses at $130.00 each for a trip to Sagamore Hill on November 18,
1975.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia' s report continued:
9. The new schedule of LILCO hearings October 27th through
the week; November 10th week; November 18th through the week;
December 1 through the week and December 9th through the week.
All hearings begin at 11A.M. , and the Town of Southold will
continue on with its representative Jean Tiedke, and the board does
have some prepared statements availabld..
Moved by Councilman Rich, seconded by Councilman Homan,
WHEREAS, the Town of Southold has requested the County of,SSuffolk
to dredgeja navigation channel in Mill Creek, Town of Southold; and
WHEREAS, the County of Suffolk proposes to do said dredging of
Mill 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, spoil agreements, assuranc-es to the County of
Suffolk, license .and/or dP.bdgingcperm .t epplic.ations. to Federal and
State Agencies and all other documents that mey be required to
accomplish said dredging work.
Vote of the Town Board: Ayes: ,Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor' s report continued:
10. Final approval has been received on . a dredging project at
Mill Creek and the foregoing resolution is necessary before work
can be done. (This was in answer to a question as to why the
resolution was adopted. )
11 . Letter from Russell Mann suggesting that to save money
on street lighting, the lights should be shut off at 12:00 or 1 :00.--
This was looked into, however, to cut light bills the fixture must
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be removed from the pole, otherwise the town pays a fixed amount for
the year as long as the fixture is on the pole,--Mr. Charles Meyer
asked that Supervisor Martocchia discuss with the Public Service
Commission, at the coming meeting, the fact it is inequitable to
charge a fixed rate.
12. Receipt of a letter from the New York, State Department of
Transportation relative to astudy they will be making, upon request
of the area residents, on the entrance to Kerwin Boulevard from
Route 25, Greenport. They will make their final report to the town
board.
13. Receipt of a letter from the Suffolk County Department of
Labor relative to the CETA program. The town has applied for seven
positions, six laborers and one mechanic. These employees will be
paid with federal funds -which are allocated to the town.
Moved by Justice Demarest, seconded by Councilman Homan,
WHEREAS Section 123 of the Town Last ..Provides that town officials
and employees who receive and disburse monies of the town shall
account to the Town Board for all monies received and disbursed
by them by the 20th day of January, and
WHEREAS the Town Board deems it necessary to engage a public
accountant to prepare the aforesaid annual account for all town
officers and employees,
NOW, THEREFORE, BE IT RESOLVED that the Town Board engage the
services of Elaine F.' Faldor, Certified Public Accountant,' to
make the annual audit of the bookd and records of .officers and
employees of 'the Town of Southold for the fiscal year 1975 at
a contract -1ee of $1 ,400.00.
Vote of the _'iTown 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 Southold Fire Department be and hereby are granted
permission to use part of Bayview Road, Lower Road, Ackerly Pond Lane,
Jockey Creek Drive to form;, and-Boisseau Avenue near the railroad
tracks to disband their parade on July 3, 1976 at 6P.M. or July 4,
1976 at 4:00P.M. aria rain date. Permission is also granted to use
the driveways and .the parking area with grounds .of the Southold
Fire House to conduct the drill.
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 Southold Town Board approves the action of the
Fishers Island Ferry District in accepting the low bid of the
Thames Shipyard and Repair Company for the repair of the Mystic Isle;
and the low bid of the Greenport Yacht @tdbShipbuilding Company, Inc.
for the repair of the Olinda.
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:
.14. . Chief Cataldo of :the Southold .Town, Police will be notified
of the Southold Fire Department parade on July 3, 1976.
15. Request from the .Fire Chief' s Council .that the Southold
Town Board pass an ordinance for street and house numbering. --Such
a program: of house numbering. is _now in effect.
16. As a result of the .Coast Guard's withdrawal from Fishers
Island on November 1st, Supervisor Martocchia contacted the Suffolk
County Department of Fire Safety an-. Suffolk County :Civil Defense
Department, as a result the Suffolk County Police will deliver a boat
onOctober 29th to Orient Point- for Chief Wall of the Fishers Island
Fire Department to deliver to Fishers Island: The- boat is on loan
from the Suffolk County Police Department, but will be replaced by
a ,40 ft. , boat for emergency use by residents of .Fishers Island to
New-London.
Moved by_Justice 'Demarest, seconded by Councilman Rich,,
WHEREAS the Burton Potter Post #185:, American Legion, Greenport,
New York applied.. to the Town Clerk for a Bingo License:; and
WHEREAS the Town Board has examined the application, and: after -
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investigation, duly made findings and determinations as required
by law,
NOW, THEREFORE, BE IT RESOLVED that thb :Supervisor be. and he hereby
is authorized tnd directed to execute on behalf of the Town Board
the findings and determinations as 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 Burton Potter Post -#185,. American Legion,
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 Homan, seconded by Justice Suter, it was
RESOLVED that the Southold Town Board accepts the $53,000.00 bond
of "Sleepy Hollow" aubdivision owned and developed by Leo Kwasneski,
Southold, 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 a public hearing will beheld by the Southold Town
Board' at the Supervisor' s Office,, 16 South Street; Greenport, New
York, at 3:30 P.M. , November 18, 1975, in the matter of .the
application of Henry C. -Weismann for permit under the provisions
of the Wetlands Ordinance of the Town of Southold for the purpose
of removing material from an existing canal and depositing same
behind a proposed new bulkhead at h1tsproperty an the southeast
terminusof Tarpon Drive at Arshamomaque, fronting on an existing canal
on the south side of the property.
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 a public hearing will be held by the Southold Town
Board at the Supervisor's Office, 16 South Street, Greenport, New
York, at 3:45 P.M. , November '18, 1975, in the matter of the
applications of Michael F. Colavito for permits under the provisions
of theWetland Ordinance of the Town of Southold for the 'purpose
of constructing a bulkhead at the end of a dredged canal, and add
sufficient clear fill to the- southern property line to eliminate
the collection of water in a low area of his property located east
of Byaview Road and west of Corey Creek, Southold, New York.
Vote of the Town 'Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was delcared duly adopted.
On motion of Councilman Rich, seconded by Justice Demarest, it was
RESOLVED that .a public hearing will be held by the Southold Town
Board at the Supervisor' s Office, 16 'South Street, Greenport, New
York, at ' :,'13O P.M. , November 18, 1975, in the matter of the
application of Pierce Yacht Basin, Into. for a permit under the
provisions of the Wetland Ordinance of the Town of Southold for the
purpose of dredging to a depth of 6 feet below mean low water,
bulkheading, and installing piles to porvide 38 additional slips
for sailboats, at the Pierce 'Yacht Bgsin, - Manhanset Avenue and
Beach .Road, on Stirling. Basin, . 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 Councilman Rich, it was
RESOLVED that -a public hearing will be held by the Southold Town
Board at the Supervisor;s Office, 16 South Street, Greenport, New
York,. at 8: 00 13.M. , November 18, 1975 in .the matter of the -application
of Gus X. Hartofelis and John Giannaris for permission to establish
and operate a tourist camp on the north side of Main Road, East
Marion, property bounded north by land of Island' s End Gold and
Country Club, Inc. ; east by land of -Village og Greenport; South
by Main (State)Road; and west by land of Floyd F. King, Jr.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
OCT 72:81975 34
Reports continued:
17. Justice Suter reported a request of. the Mattituck Park
District to meet with the highway committee and highway superintendent
regarding a parking area at Wickham Avenue.
18. Justice Demarest reported that z�t the direction of the Town
Board he met with the Oyster Pond' s School Board relative to the problem
at the school crossing. They basically settled on a solution that the
speed limit sign to the west of Village Lane where the school crossing is,
be extended some 300 or 400 feet to the west and school crossing signs be
put up the proper distance either side of the school crossing, and if
possible road markings be painted on the road. The school crossing is
fairly close to a curve and sometimes motorists fail to observe the
speed limit as they should.
On motion of Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that Highway Superintendent Dean contact the New York State
Traffic Safety Department to determine whether the speed limit sign
to the west of Village L-AKE, Orient, where the school crossing is,
can be extended .300 to 400 ft. to the west; and school crossing signs
be put up the proper distance either side of the school crossing,
and possible markings be painted on the road.
Vote of the Town Board: Ares: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Mr. David Driscoll asked if a decision has been handed down on the
Norris case. Supervisor Martocchia stated he had received the decision
this date but has not read it.---Town Attorney Tasker stated the-
court found in favor of the Town, that basically the rezoning was .
pursuant to the comprehensive plan of the Town of Southold. The
decision is 21 pages long.---Mr. Charles Meyer asked what is the
comprehensive plan of the Town of Southold; does it refer to some
master plan?---Town Attorney Tasker stated that in the decision the
judge goes into a discussion of the comprehensive Plan.
Mr. Driscoll asked about the progress of the planning text Mr. Wickham
is working on.---Supervisor Martocchia stated that the Townjhas the
complete text of the developmentjplan, and Planning Board secretary
Muriel Brush is putting it in propertform.---Mrs. Mabel Lytle
further questioned the title of the "comprehensive or development
plan" , as did Mr. Charles Meyer;--he asked if there is something
available in words guiding the future of Southold Town.---Supervisor
Martocchia stated he should go to the Planning Board office in Southold
and he will be provided with such material.
Mrs. Lorraine Terry complimented Supervisor Martocchia on handUgg the
Fishers Island emergency situation by obtaining the much needed boat.
Considerable discussion was held while briefly examining the Findings
of the court in the Norris case.
A taxpayer addressed the Board stating he is a permanent resident
attending his first town board meeting. He has enjoyed the meeting
and will come again, however, he understands that at a town meeting
no smoking is allowed; it is hazardous to his health and the smoker.
Couldn't something be done about prohibiting smoking at the meeting?
Justice Suter stated that the smokers are in violation, and if he
would sign a complaint before one of the town justices, something
will be done.
The subject of the dog pound was brought up; Supervisor Martocchia
stated progress is being made but there are still problems to be
solved. At present the cages do not meet the specifications and must
be corrected.---Mr. Meyer asked if there is not a penalty clause or
final date for this project.--Supervisor Martocchia stated that For
such a small project amounting to about $25,000.00 it is unrealistic
to put in a penalty clause. The contractor has not been completely
paid and will not until everything is up to specifications.
34 O.CT 281975
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, the meeting be adjourned at 4: 30,-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
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