HomeMy WebLinkAboutTB-12/19/1972 2_1
SOUTHOLD TOWN BOARD MINUTES
Meetingoof December 19, 19.72
The Southold Town Board met at the office of Supervisor Albert M.
Martocchia, 16 South Street, Greenport, . New York, at 3 :00 P.M. ,
Tuesday, December 19, 1972, with the following present:
Supervisor Albert M. Martocchia, Councilman James H.
Rich, Jr. , Councilman James F. Homan, Justice . Martin
Suter, Justice Louis M. Demarest, Town Attorney Robert
W. Tasker, Highway Superintendent Raymond C. Dean., and
Town Clerk Albert W. Richmond.
Absent: Justice E— Perry Edwards.
Moved by Justice Suter, seconded by Councilman Homan, .it was
RESOLVED, that the minutes of December 5, 1972 be and they hereby
are approved.
Vote of the Town Board: . Ayes :- Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, . Justice Demarest.
Moved by Justice Demarest, seconded by Justice Suter, it was
RESOLVED that the next meeting of the Southold Town Board will be
held at 3 :00 P.M. , Tuesday, January 2 , 1973 at the office -of
Supervisor Martocchia, 16 South Street, Greenport, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
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Moved by Justice Suter,; seconded:.by_'!Counc-ilman Homan,
WHEREAS Section 123 of the Town Law 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 they Town Board engage the
services_. of Elaine=. F: .Kaldor., -. Certified Public. Accountant, to
make the annual audit of the books and records of. o.fficers and
employees of. the Town of Sarzthold for the .fiscal year .1972 at
a contract fee of, $_1, 200.. 00. 1 - ..: : , _ ._ _. . - _ .
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan.,-. Justice .Suter , Justice Demarest.
Moved by Councilman Rich,: seconded by Councilman Homan, it was
RESOLVED that a recess. be called a,t .3 :30 R.M. for a .public hearing
on a .change:.of zone on certain property at Orient Point. The minutes
to, be- taken by Mrs:.- Marjorie: McDermott.
Vote of the Town Board: Ayes: Supervisor Martocchia-,. Councilman
Rich, Councilman Homap, Justice Suter, Justice Demarest.
Meeting reconvened. a.t 3c40 P:M.:
Moved by Justice Suter, seconded by Councilman Homan.;: ,_
WHEREAS the Mattituck Park. D.istr.ic_t ..requ.ested the Southold Town
Board to guarantee financial a_id: or .a bond�.for the purchase of
land at Marratooka Lake, Mattituck, New York, and
WHEREAS there have been many pr.otes:ts aga.inst.,the purchase of
said: land .for:.that area, it. was
RESOLVED that this Town Board. ;r.ecommend. :to the: Mattituck: Park
District .that: a public hearing.- or information meeting be- held and
well advertised in—advance.
Vote of the Town Board:: Ayes : Supervisor Martocchia:,. Councilman
Rich, Councilman Homan, Justice Suter.,r Justice :Demarest:._.
Moved by Justice Demarest, seconded by Justice Suter, it was
RESOLVED that the Southold Town Board accept the resignation of
Margaret Haley, Greenport, New York, as School Crossing Guard at
the Greenport School crossing, effective January 12 , 1973 .
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan,' Justice Suter, Justice Demarest.
Moved by J.ustice. Demarest, seconded by Councilman Homan, it was.
RESOLVED that $1.00,000be donated to the Orient Historical Society
to help preserve the Buttonwood Tree., a historical marker dating
back many years.
Vote of the Town Board:' Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest,.
Moved by Justice Demare'st, seconded by Justice Suter, it was
RESOLVED that the Southold Town Board approve and sign the following
agreement with the Village of Greenport:
THIS AGREEMENT made this 19th day of December 1972, retroactive
to January 1, 1972 , by and between the Village of Greenport, a
municipal corporation having its principal pTsce of business at 236
Third Street, Greenport, New York, herein called the VILLAGE, party
of the first part, and the Town Board of the Town of Southold, .
hereinafter designated as the TOWN, having its principal place of
business at 16 South Street, Greenport, party of the second part,
representing a fire district duly organized under Town Law of the
State of New York.
W I: T N E S S E. T H
WHEREAS, the said Village has installed and maintained 136 (to date)
fire hydrants within the said East-West Fire District which are
located at points on its water main designated by the Town Board
representing said District for fire protection purposes and also
at the request of said ,Town Board agrees to extend water mains and
provide additional hydrants whereverrexpedient throughout the
District;
NOW THEREFORE, in consideration of. $1.00 and other valuable consider-
ation paid by each of the parties to the other, the receipt of which
is hereby severally acknowledged, the parties hereto agree. as follows :
1st: All of the mains and hydrants located in .the .Distr.�ict
and all extension of new mains .and hydrants hereafter installed
by the Village in the District are and shall remain the property
of the Village, and nothing herein shall be deemed in any way to
limit any right to lay water mains in any of the public streets
or roads of said District or the Town of Southold, which the
Village has . or may ha.ve .under..its .corporate charter and any
functions now or hereafter owned or exercised by it.
2nd: . During the term that this agreement shall be in force,
the Village shall maintain normal service through its said mains
and hydrants and through any additional mains and hydrants installed
hereunder, and the District agrees to pay to the Village, and the
Village agrees to accept as full compensation for the use of said
hydrants , the rental of $65.. per year for each hydrant now or
hereafter installed and except that no rental shall be due for
hydrants which have been installed on a newly laid water main
until such time as the . same are approved by the Fire Insurance
Rating Board. As to said hydrants, the rental shall be pro-rated
for such portion of the billing quarter as remains after. such
approval shall have been given, and notwithstanding lack of
present approval, the District may use water from said hydrants
forthe purpose hereinafter set forth.
3rd: The use of such hydrants shall be for fire purposes
only, such purposes to include, however, testing of fire apparatus
and the reasonable practice of firemen in the said District.
4th : The Village shall use due diligence in making necessary
repairs of breaks and leaks and will use all reasonable care in
maintaining an adequate flow and pressure of water.
5th: The village agrees that its pumping plant, storage takns,
mains and pressure at said hydrants shall be such as to conform
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with the rules: of the -New York Fire ,Insurance Rating organization
covering the territory in which this contract is operative so that
buildings protected by said hydrants shall receive the most favorable
protected rate of insurance. . If for any reason- the said Village
fails to provide proper equipment, maintain proper pressure, or
fails to comply with any rule or regulation of the New York Fire
Insurance Rating Organization relating to the Village, payments
hereunder shall be suspended until said -rule- or- regulations are
fully complied with.
6th: It is also understood and agreed thatthe Village shall
hold said District harmless from any claim -or damage by reason of
any negligent act or omission of the Village in the operation of
its' plant, mains and equipment. - -
7th: The District agrees that if from an Act of God, ' or the
public enemy, or accident to mains or machinery, or fire, or on
account of strikes, insurrection- or- civil commotion, or diminution
of water• supply, the Village should at any time become unable to
supply water as hereinbefore provided; then the Village shall not
become liable for any damages resulting from such failure, but in
the event of such failure the Village agrees to rebate to the said
District an amount which shall1be in proportion to -the time and
duration of said failure to furnish said water supply and the
District may withhold payment of any installments to become due
hereunder until such condition is correct. -
8th: The District will raise, yearly, in a manner .provided by
statute, all sums required to be paid to the Village under this
contract.
9th: It is also understood and agreed= that the parties hereto
by mutual consent and under the same conditions as herein set forth may at any .time insta11--new -hydrants .in. said. District,,, it ,being ;
understood and agreed that such installation shall conform with the
rules and .regulations ,of the New. York-: Fire Insurance- Rating Organization
as to the minimum protected -rate for fire insurance upon buildings
within the prescribed .distance :of said hydrants.. Number and location
of new hydrant installations is to be determined� by.:mutual agreement
between the Village -and the District, prior to the time of� installation.
lOth : : This:.contract shall, be in._force ,for a period. :of five years
from the date hereof.
ll.th: This -contract shall inure to -the benefit of and shall
be binding upon the successors and assigns of the respective
parties hereto.
IN WITNESS- WHEREOF, . .the�.,parties have caused these presents .
to be executed by their duly authorized officers the day and year
first above written. SOUTHOLD TOWN .BOARD
Attest-: /s/sAlbert W-. : Richmond . by; /,/. Albert- M. :Martocchia
Town Clerk Supervisor
/,E/ Louis M. Demarest
/s/, Martin Suter
/s/ James: H. Rich, Jr.
/s/ James Homan.
Vote of the Town Board: Ayes : �Supervisor.. Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Councilman Homan, -seconded by Councilman Rich, , .,
WHEREAS Minnie Wilson. applied to the-.-Town,.Board for. a . single .
trailer renewal -permit dated November 11, 1972,
NOW, - THEREFORE, BE IT RESOLVED that the application -of--Minnie
Wilson to locate a single trailer on her property at Middle Road,
Cutchogue, New. York,.: be and.•herebyi is- granted. for,.a-. period of, six
(6) months.
Vote of the: Towns Board: Ayes-: !) Supervisor Martocchia-, .-Councilman
Rich, Councilman=-.Homan, Justice Suter, Justice Demarest_.
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Moved, by-:Justice Suter;. , seconded. by Justice -Demarest, it was
RESOLVED that the.i following: monies :be .transferred,::. :
From: Undistributed Balary .Adjustments - -Part Town: , . $6,050.00
To f.-.-_B3..120.-..:1 Police.:. .:. _.. $.5;=000_ 00 _
B3130. 1 Bay::Constable -.$.: 450'..00
B3620.-1:.Safety.:: i_ _ . $ 600. 00
From. Undistributed-.Sala:ry iAdj.ustments_= :Whole: Town:. :.$4, 570.00-.
To: A110. 1 Justices $ 550.00
A-1330.1, Tax Collector $1, 500:00*-:
A-1410. 1 :Town,= Clerks.. :; $1-;:020':.00
A135.5:: 1 Assessors,: $1,.500. 00.
Vote of the Town Board:' Ayes : Supervisor= Martocchia, Councilman
Rich-," Councilman:- Homan, Justice Suter', Justice Demarest.
Moved- by- Justice Demarest-., seconded .by Councilman Homan, it was
RESOLVED that the following monies be transferred:
From: Whole -Town - Und ivided:.Sur.plus:. $2; 9,27:,. 00
To: ':- Assessors — :Contractual — $ 136-., 00
�= Buildings =-: Contractual - $1, 041.00
Beaches Contractual - $' .: 200.00-
Refuse - Contractual',:- $1.,-550.00
From: Part-Town - Undivided. Surplus-:- $10, 052 .00
T := .--'Police =_. Contractual - : $8, 600,00:..
Bay Constable g' Contractual. -$1, 000. 00
Safety Insp. - Contractual - $ 50. 00
=:= Zoning, --- Contractua l.i .$ . .-402. 00
Vote of the: Town Board: - Ayes.:' - Supervisor Martocchia Councilman
Rich, . Councilman ,Homan, Justice'�Suter,. .Justice Demarest.
Moved �by-:Councilman Homan, seconded by .Justice. Demarest,. it was
RESOLVED that -the following- monies °be transferred: . ;
1 - $173. 06 from Highway'Item:IV= Snow :and .Ice Personal :Services
-into Contractual.-
2: ._: $12 , 000. 0'0 from% Highway Item. I�.Contractual: into Personal -Services .
3 - $250.00• from Highway-Item IV Miscellaneous Contractual into
Personal Services .
4 := '$450. 00= from-,Highway Item" III .Social Security: into :Personal
-Services. :
Vote of the Town Board: Ayes : Supervisor Martocchia:, -.Councilman
Rich,,' -Counci-loran Homan, -Justice.-Suter, Justice:_Demarest. .
Moved by Councilman Rich, seconded by Councilman .Homan,
WHEREAS, _ it has .come• to the attention of .this, The Town. Board of
the Town of Southold, that the Temporary Commission for the Re-
organization -of the Courts of this State is about to make its
Report= -to the Governor, and
WHEREAS:, there is reason to believe- that said Report will recommend
the elimination change or modification of the existing Town and
Village -Justice- Court: System',.. and
WHEREAS, our Town= and-.=Village :Justice Courts .have. :long been known
as "The Courts Closest to the People" because of accessibility
which is not found in any of the other Courts of this State, and
WHEREAS, the Southold Town 'Board is firmly convinced that the '
elimination, or change' of the Town and Village Court System will
deny the People of this Community the privilege of, prompt and,
effective disposition of their problems , whether the same be civil
or criminal, and therelDy -give credence to the axiom "Justice delayed
is Justice denied" , and
WHEREAS, the elimination or change of the existing Town Justice
Court System would be the initial step in the erosion and ultimate
destruction of said Courts and the substitution of a District Court
system which has already demonstrated impersonality, calendar congestion,
travel problems for police, plaintiffs, and defendants, and higher
costs to the Taxpayer, , and
WHEREAS, Town and Village Justice Courts have ably performed their
duties to the People for over 200 years and are continuing to do so
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with very nominal expense to the" Taxpayer, and
WHEREAS, the Justice -Court system of this- Town of Southold. in New
York' is well established, ' accepted, open to the citizenry and is
local' and "responsive' to local needs , has been updated 'and modernized
by the State Legislature under a Statewide Uniform''Justice Court Act
to which our -local Justice Court"-sonforms, and
WHEREAS, Justice Courts have' no "calendar congestion" , are inexpensive
to the litigants and 'the taxpayers, and are readily, easily accessible
to all who seeks its services, take care of limited local criminal
and civil matters in a speedy and proper manner as required by law, and
WHEREAS, Justice Courts provide .an arrestee with" the quickest method
of placing a magistrate betweeri' him, and the arresting officer and
of having his "rights" explained to him, and
WHEREAS, Arresting Officers need not leave the area of 'arrest to
travel, Justice Courts are sufficiently numerous as to cut down on
travel distance and travel 'time,` ' important in our area due to
distance' and' lack of transportation, and
WHEREAS, in speeding and accide'ht 'cases, the local Justices are
familiar with the dangerous and' accident prone areas and can
explaih' this to the apprehended motorists - thus emphasizing the
factor of the' driver ' s safety as'" a 'cause for apprehension, and
WHEREAS, to the lay Justice, the' position is"prestigious and
important and deserving- of his' best effort for he is under the
close and constant scrutiny of his local constituents checking
his performance, and
WHEREAS, the Justice is familiar' with 'the 'local 'citizenry, their
views and their''needs and' is' in a better position- to beresponsive
thata distant budge, and
WHEREAS, Arbitrators need not be lawyers,'' nor' are legislators required
to be members of the legal profession, and
WHEREAS, with 'the mandated training and retraining -of lay Justices
as required by the Judicial Conference, a trained lay Justice must
be certified that he is capable of' discharging the .duties of the
office and the; Courts Closest to the People"are now continuously
supervised by the Judicial Conference and an Administrative Judge
in the County, and
WHEREAS, where the decision of the Justice is questionable, the
Appellate Court is available for correction on appeal, and
WHEREAS, the adage that "the man who never made a mistake-,' never
made anything"applies to both 'the lay judge and the judge with a
law degree and the local lay judge may be replaced by the local
constituency more easily than can a District Court Judge be
separated 'from his office,
NOW, THEREFORE BE IT RESOLVED thatthe Town Board of the Town of
Southold is unalterably opposed 'to the 'elimination or weakening
cfthe present local Court system which embraces the Town and
Village Justice Courts, and be it further
RESOLVED that a copy of this Resolution be forwarded to Governor ,
Rockefeller, to each member of the State Legislature, and to the
members of the Suffolk County Legislature, so that all may be fully
aware of the earnest and studied position taken by the Town Board of
the Town of Southold, New York, for the very necessary retention of
our effective, prompt, local low cost Town Justice Court system as
adopted by the New York State Legislature in the Uniform Justice
Court Act of 1967 .
I, Albert W. Richmond, Town Clerk of the Town of Southold,
Suffolk County, New York, do hereby certify that the foregoing is
a true and complete copy of a Resolution unanimously adopted by
the Town Board members present, at a meeting on the 19th day of
December, 1972 , the original of which is part of the official
proceedings of -said Southold Town Board, and is on file in my
office. TOWN CLERK, TOWN OF SOUTHOLD /s/ Albert W. Richmond (SEAL)
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Mr. John Earl Timpson, appea red ,before,.the...Board. to ask, when.. a.. .
decision would, be• made ori, his,•petition .to change Skunk Lane-back
to Bay Avenue at Cutchogue. ., Mr. ,Timpson ,Mated that many people
had changed .their minds about .the; first; petition, they,:.signed ,to,
change the road ,to Skunk Lane.
Supervisor Martocchia .informed ,Mr. Timpson that the Board
would possibly consider , it. at their next meeting. . . He. ,also. .stated
that he had heard, there was pressure used in ,connection with, Mr.
Timpson 's petition to get the people„to sign..
Mr. John, Tuthill, Orient, thanked the Board for, the. donation. to
the Orient Historical Society to, help ' preserve the. Buttonwood tree.
Mr. Joseph .Sullivan read the .following..letter from-,the ,Southold
'Town Democtatic- Committee, Box 331, Cutchogue., N.Y._ 1193,5 , Tel.....
734-6976 : "Dec. 19, 19,72 , Hon. Albert Ma.rtocehia, Supervisor, and
Members of the Southold Town Board. Gentlemen-: Southold _Town
Justice Perry Edwards has ,submitted his resignation .to the; Town
Board, effective December 31, 1972.
"In. .the interest of improving, the effectiveness of,.the :Town._
Board, the Southold Town ,Democtatic Committee.. respectfully calls.
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upon the Southold ,Town 'Board to do the. following:
"l) not to .appoint a, successor to Justice, Edward' s seat
"2),• to adopt; a. resolut.ion which will enable Southold Town
to achieve Class 1 Status prior to May 1973.
"The Southold .Town Democratic. Committee believes, that justices
should not. sit on the 'Town Board. Furthermore,. the ,physical isolation
of one voting Town Board Member, on Fishers Island, is not conducive
to the. effective; f.unctioning., o.f the Town;-Board. ;
"A local newspaper: item. recently quoted Justice .Edwards, as. .
saying "I feel I. can.'t sit on ,,the, Town Board and vote on things
I know little. about.:"..
"We urge the. Town '.Board.,to act promptly on _the above. re.quests.
Thank you. /,ar/ Joseph P. : Sullivan,, Chairman,. .Southold Democratic
Committee.."
Curtis W. Horton, Commissioner of Cutchogue Fire .District,. and
Frank McBride,., appeared. before the Board. to •request+ that-.no action
be taken on the Fire Code at this time, and requekted that action
be withheld until the Town Board has heard from the Cutchogue Fire
Distr&ct.
A number of the audience asked the Town ,Board to request' the
Mattituck Park District to hold. an advertised information meeting
or public hearing on the proposed purchase of .land at .Marratooka
Lake.
Meeting adjourned at 4 :15 P .M.
Albert W. Richmond.,.
Town Clerk