HomeMy WebLinkAboutTB-10/29/1974 OCT 2 9.1974.
SOUTHOLD TOWN BOARD MINUTES
Meeting of October 29, 1974
The Southold Town Board met at the office of Supervisor Albert M.
Martocchia, 16 South Street, Greepport, New York, at 3 :00 P.M. ,
Tuesday, October 29, 1974, 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 Albert W. Richmond
Absent : Justice Francis T. Doyen
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the minutes of the Southold Town Board meeting held
October 8, 1974, and recessed to October 15 , 1974, be approved as
submitted.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
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. , Thursday, November 7 , 1974, at the office
of Supervisor Albert M. Martocchia, 16 South Street, Greenport,
New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motion of Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that the Southold Town Board approves the action of the
Fishers Island Ferry District in transferring $20, 000.00 from
Maintenance of Buildings to Maintenance of Ferry in their 1974
]budget.
Vote of the Towh Board : Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motion:oT Justice Demarest, seconded by Councilman Homan, it was
RESOLVED that the Southold Town Boardapproves the action of the
Fishers Island Ferry District in awarding lowest bidder Thames
Shipyard and Repair Co. of New London, Connecticut the contract
for haul-out of the Mystic Isle and the M/V Olinda.
Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motioncdf Justice Suter, 'seconded by Councilman Homan, it was
RESOLVED that Deborah Scott, Greenport, New York, be and hereby
is appointed by the Southold Town Board to represent the' Town of
Southold in the CAST program.
Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
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 3 :30 P.M. , Tuesday, November 26, 1974, in the matter of
the application of Raymond E. Clempner for a permit under the
provisions of the Wetland Ordinance of the Town of Southold for
O CT 291974'
the purpose of building an open dock across the meadow at his
property on Inlet Lane, Greenport, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
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. , Tuesday, November 26, 1974, in the matter of
the application of Elsie Mastrosimone for a permit under the
provisions of the Wetland Ordinance cf the Town of Southold for
the purpose of building an open dock across the meadow at her
property on Inlet Lane Extension, Greenport , New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motion of Councilman Homan, seconded by Justice Suter,
WHEREAS the 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 determinations required by law, and it is further
RESOLVED that the Town Clerk be and he hereby is directed to issue
a Bingo License to ..the Sacred Heart R. C. Church, Cutchogue, New York.
.Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Mov.e.d by . Councilman Homan, seconded, by Councilman Rich,
BE IT RESOLVED that the . following rules. and regulations shall apply
to the public inspection and copying ,of such Town " r.ecords as are
subje,ct-...to Phblic inspection by law and shall continue in effect
until altered, changed, or amended or superseded by further resolution
of - this Town Board, or by action of the Committee On Public Access
To Records established pursuant to chapters 578, :579 and 580 of the
Laws of 1974:
A. PLACE OF INSPECTION. , Such records shall be made available
for inspection at the office of -the Town officer or employee charged
with the custody and keeping thereof.
B. TIME OF INSPECTION. Such records shall be made available
for public Anspection on regular business days. between the ,hours of
10 :00 a.m. and 12 :00 noon and 2 :00 p.m. and 4 :00 p.m. , if readily a
available. If not readily available., written. request se.pcifi:cally
describing .records to which access: is desired shall be filed with
the Town officer or employee charged with the custody and keeping
thereof, who shall produce same within 48 hours of such request..
Such written request shall be on the form prescribed by the State
Comptroller. : If .the Town officer or employee charged with the
custody and keeping of the record elects or refuse access, he shall
submit .to requester written statement of his: reason therefor within
48. hours of such request.
C. FEES. (1) Copies . The Town officer -or employee charged
with the custody and keeping of-the record shall upon request, make
a copy. or: copies" of .any -xecord subject to such inspection upon a
payment of a fee of :$1."00 per page,-for the first page and $.25 per
pag.e "for. each_. additional page.
. If a copy or copies are desired thereof by the requestor,
the Town of.f:i.cer; .or_ .employyee. -charged _with the custody and keeping
of the record shall make the same and mail or deliver the same to
the reques.tor within one week -depending on. :the volume and number
of copies requested.
42) Certification. Any Town- officer -ox employee charged
with the custody and keeping--of any such record. shall upon request,
certify a .copy of a document .or record prepared pursuant. to:: the
provisions of the prec.eding.. subsection upon payment of a fee of .$.25 .
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D. To prevent an unwarranted invasion of personal privacy, the
committee on public access to records may promulgate guidelines for
the deletion of identifying details for specified-records which are
to be made available. In the absence of such guidelines, an agency
or municipality may delete identifying details when it makes records
available. An unwarranted invasion of personal privacy includes,
but shall not be limited to:
(1) Disclosure of such personal matters as may have been
reported incconfidence to an .agency or municipality and which are
not relevant or essential to the ordinary work of the agency or
municipality;
(2) Disclosure of employment, medical or credit histories
or personal references of applicants for employment, except . such
records may be disclosed when the applicant has provided a written
release permitting such disclosure;
(3) Disclosure of items involving the medical .or personal
records of a client or patient in a hospital or medical facility;
- (4) The sale of release .of - lists of names and addresses
in the possession of any department of such lists would be used for
private commercial or fund-raising purposes;
(5) Disclosure of items of a personal nature when disclosure
would result in economic or personal hardship to the subject party
and such records are not relevant or essential to ,the ordinary work
of the department.
E. Each department shall maintain and make available for
public inspection and copying, in donformity with such regulations
as may be issued by the .Committee on Public Access to Records a
current list, reasonably detailed, by subject matter of any records
which shall be produced, filed, or first kept or promulgated after
the Effective date of this article. Such list may also provide
identifying information as to any records in the possession of the
department on or before the effective date of this article. .
F. - In addition to such requirements as may be imposed by this
resolution or by Chapter 578 of the Laws of 1974, each board,
commission or other group of the Town having more than one member
shall maintain and make available for public inspection a record
of the final votes of each member in every agency proceeding - in
which he votes.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Councilman Homan, seconded by Justice Suter,.
WHEREAS Sam Brown applied to the Town Board for a single trailer
renewal permit dated October 9, 1974,
NOW, THEREFORE, BE IT RESOLVED that the application .of Sam Brown
to locate a single trailer tin his property on the west side -of
Tuth11—ILane (Town Road to disposal area) , Cutchogue, New York;
be and hereby is granted for a period of six (6) months.
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 October 16 , 1974,
NOW, THEREFORE, BE IT RESOLVED that the application of Minnie Wilson
to locate a single trailer on her property on the west side of
private road off the north side Middle Road (CR 27) , Cutchogue,
New York., be and hereby is granted for a period of six (6.) months.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Rich, it was
RESOLVED that the application of Steve Hamilton to locate a single
trailer on the property of Elmer Ruland, Route 25 and Mill Lane,
Mattituck, New York, be held for study.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
OCT 9T1974IS -
Moved by Justice Demarest, seconded by Justice Suter, it was
RESOLVED that the Mattituck Senior Citizens group be authorized
to spend the balance provided in the 1974 budget due them for a
bus trip.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Justice Suter, its was
RESOLVED that the Southold Town Board approves the amount of
$100, 000.00 bond as recommended 'by -the Southold Town Planning
Board for roads and improvements in the subdivision' known as
"Oregon View Estates " at Cutchogue, New York, owned by' Louis Hodor.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.`
On motion of Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that the Southold Town Board send a letter of appreciation
to the Village of Greenport for their generous offer of the parcel
of land on Moore ' s Lane, Greenport for the construction of a
Southold Town Hall.
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 Southold Town Board approve payment of a bill
in the amount of $3 , 000.00 to the Postmaster, Southold Post Office,
for postage for the postage meter machine at the Southold Town
Clerk's Office.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich,' Councilman Homan, Justice Suter, Justice Demarest.
Moved -by Justice -Suter; , ,seconded by Councilman Homan, it- was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to purchase a police car from the lowest reponsible -
bidder,-T J. Hart, Riverhead Ford, in the amoun-t -of. $3 , 772 .00 .
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich,. Councilman Homan, Justice Suter, Justice Demarest. '
Moved by Justice De'marest, seconded by Justice- Suter, it -was
RESOLVED• that the Southold Town Board rescind -the,.following
resolution adopted by them on September 24, 1974 :
"On motion of- Councilman Homan; seconded by ,Councilman
Rich, it was
RESOLVED that $20, 000. 00 be transferred from A1990.4 mac,
Contingent Account, General -Ftind to A3510. 2 Control
of Animals, Equipment, General Fund.
Vote ' of the Town •Board: - Ayes: Supervisor Martocchia,
Councilman Rich, Councilman Homan; Justice- Suter,. Justice
Demarest. "
Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Councilman Rich; it was -
RESOLVED that Supervisor Albert M. Martocchia be and he hereby
is authorized to sign the following Nutrition for the Elderly
Program with the County of Suffolk:
A G R E E M E N T
THIS AGREEMENT, made' on the lst day-of' October, 1974 between
the- County- of Suffolk through its duly authorized Office of the
Aging (hereinafter referred to as- the "County") , a municipality
having its principal office at- Riverhead, Suffolk •County, New York
an'd Town of Southold (hereinafter referred to as the "Contractor") ,
having its principal office at 16 South 'Street, Greenport, - New-- -
York' 11944.
WHEREAS, the parties hereto desire to make available to the
elderly of Suffolk County a nutrition program, a-s set forth in
Title VII of the Older Americans Act, in accordance with rules and
regulations of. the Administration ,on Aging,; .U. ,S. Departmentodf
Health, Education and Welfare, and
WHEREAS , the County desires to contract .with .the Contractor
for the - furnishing of such services as aforesaid and the Contractor
has agreed to render and furnish such services, to .the residents, of
the County of Suffolk to the extent indicated therein, and as set
forth under the terms and conditions hereinafter provided,
NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS
FOLLOWS
1. The .Contractor, at its , own expense; and. charge and for
the consideration herein provided, agrees to furnish adequate
qualified and trailed personnel together witK,the required physical
facilities, to :provide older Suffolk.:County, reside,nts, particularly
those with.. low incomes, ,with. .nutritionally .sound meals served in a
strategically located center where they can obtain other social and
.r.ehabili.tative ,services so that besides promoting better health
among the older _segment o.f our-._popu,lation through improved .nutrition,
such a program, will ,reduce the, isolation. of.-old age; and, offer older
Suffolk County residents. an opportun-ity to: Live their remaining years
in dignity.
2. The County ,and- the Contractor mutually agree .that ,the
objectives set forth for the Title .VII, programs of the, Older
Americans Act are useful and helpful programs and ..services for
older Suffolk County residents— ,
3 . It i.s. agreed that the nature and extent, of the services
provided pursuant to this Agreement shall be subject to the general
supervision. of the County.. The site location, , as described .in the
program application, is subject to the County's approval. .The
Contractor agrees to conduct such "outreach" ,program in the
community in a competent, skillful manner and to the best of its
ability. The Contractor agrees to comply fully with the rules,
regulations, criteria, guidelines or expenditure controls .hereto-
fore adopted or to be adopted by the County and the Federal Government
pursuant. to law.
4. This Agreement shall terminate September 30.,, 1975 . If
through, any cause the Contractor fails to fulfill, in timely: and ,
proper manner its obligations. herewith, or if the County shall deem
it in its best interest to terminate this Agreement, or its
obligations with respect to any identifiable. part.,.of this program,
it shall have ,_the right to do so by giving thirty (30) days prior
written notice, by registered ,or certified mail,. to the Contractor,
of such cancellation. The Contractor.. may .termin_ate this Agreement,
at- its -option, by giving sixty (60) days prior -written notice to the
County by registered or certified mail.
5 . The- Contractor represents ,and agrees that the. Budget for
the term of this Agreement, attached hereto and made .a part hereof,
designated. as .Exhibi.t "A" , . lists all personnel and/or other costs
of services to be rendered by the Contractor .under.. this Agreement,
and shall not exceed a total cost of $32, 108.00. Any changes of
the Budget, , .including total amount,; its component line ,items or ,of any
items listed. under Personal :Services (Personnel) or Equipment shall
require an amendment to this Agreement pvpproved by the parties hereto,
The Contractor agrees that its ..expenditure shall conform to the ,
applicable provisions of law, and customary prevailing governmental
practices and standards. The County will not reimburse the Contractor
for any expenditures that are not allowed .reimbursements to the County
by the Federal or New York State, Agencies.
6. The amount to be .paid by .the County as set forth herein,
shall constitute the full obligation of the County in connection
with this , Agreement add ,any .matter arising. therefrom. .,
.7 . (a) The Contractor understands that the County may advance
up to_.one, quarter of the contract price during the first quarter of
the contract year, upon receipt of such form as prescribed by the County.
(b) The County agrees to pay the Contractor monthly for
services provided and costs incurred pursuant .to the Agreement on
receipt of monthly claims in such form as prescribed by the County
and after audit and. approval by the County. .
� O�fiu2�9�197,4;
(c) The Contractor agrees that, if for any reason what-
soever the Contractor shall spend during the term of the Agreement
for the purposes. set forth- herein an amount less than - agreed, the
total County payment herein shall .be � reduced to the amount of approved
actual Contractor expenditures made forsuch purposes.
(d). - It .is agreed that - all monthly claims for payment are
to :be .submitted by the Contractor promptly and •no later than twenty
(20) days after •the end : of each quarter unless otherwise directed by
the County. All payments made to the Contractor .shall be subject
to.�anyla•djustment and addit .that authorized :personnel of- the County
may. ind-icate is appropriate: - Noy later than two (2) months from the
expiration of the term of this Agreement, the Contractor shall submit
twelve -(12): copies of a final report summarizing the conduct of the
program hereunder, together with a final accounting•. The Contractor
may, togethertherewith, submit.- a final request for payment of all
approved ,expenditures then remaining unpaid.
8. -The -Contractor agrees that it shall keep and maintain
separate books of account and records concerning all costs incurred
in the performance of this Agreement. and that it shall have available
for audit and inspection. by the . Department, the County, and the New
York State• Comptroller, its plants, faciliti.es,.. books and all other
financial and statistical records .
9. The Contractor warrants that it is not in arrears to the
County upon debt or contract and( is . not. a defaulter as surety,
contractor or otherwise on any obl.igation . to -the.-County..
10. No assignment of this contract will be permitted without
the written consent of the County.
ll. The relationship- of the: Contractor to .the County shall be
that of •an. independent contractor. -
12 . The Contractor shall indemnify and ,hoLd harmless the County
from the claims., costs, damages�_.or ijuries to persons or property of
whatsoever -kind ; or ,nature. arising. out: of the -making.- of. this Agreement.
In •addition; %the Contractor shall take out.- and maintain workmen's
compensation insurance covering- .al.1 of its -:employees.-and liability
insurance satisfactory .to the County on all locations and- facilities
in a-n amount- not�.less than $1, 000, 000/$3, 000.-,.0.00 ,for bodily injury
and: $100,.000 for,-.property -damage -. and:the,_ County is to; .be_ a •party
insured -,under such liability policy. . The contractor agrees to furnish
promptly-;.to the- County certificates ,of_ insurance signed by the insurance
companies or copies of insurance policies certified by the insurance
companies in evidence- of - the above described - insurance_ coverage.
13 . , ('a) At least fourteen: ,(14) days prior to placing any order
to purchase• furniture or equipment, the Contractor shall submit._ to the
County,:•a notice with a list showing-: the .quantity -arid description of
each item, its intended location and use, estimated unit price,
extended price -and-- estimated- total.-- cost of : the =proposed order. Written
approval of the County is required before. the- Contractor. may proceed
with the. proposed purchase of furniture and equipment. No_ sal:es or
Federal -Excise :taxes- are to be- paid: .
(b.). The Contractor-.,agrees to. follow all of the general
practices that are:-.designed. to- obtain furniture and. equipment at the
most reasonable price possible. The County reserves the-:right to
purchase_or' obtain- furniture or equipment. for _the Contractor. If
the County exercises this right, . the:_maximum reimbursement amount
due the Contractor shall be reduced by an amount equal to the
price of the furniture or equipment-paid by the County.
(c) All furniture or .equipment purchased or obtained by
the Contractor pursuant - to-- the terms-- of this Agreement must be held
in the name of the .County. Dur:ing. the period of:-- this Agreement or
any renewal hereof, the Contractor is hereby granted the_ right; to
use the same but only for the purpose of carrying out the- terms of
this Agreement.
(d) The Contractor shall maintain proper and accurate:
inventory records and controls for such furniture or equipment and
shall submit a report to the County no later than five :(,5) . days after
the termination of the contractural relationship between the _County
and the Contractor, certifying the inventory of furniture .and/or
equipment, as verified by a physical count.
(e) Upon termination of this Agreement, or of any renewal
hereof,, the Contractor -shall render all necessary assitance. for the
physical .remov.al .of such furniture or equipment by the County, or
its designees , in the same .condition as it,was received by the
Contractor, reasonable wear and tear excepted.- Any disposition,.
settlements , or .adjustments connected with such furniture or equipment
shall be in accordance with the rules, and. regulations of the County.
- .1.4. . The Contractor shall..not .publish any book, article or
report .without first obtaining the written approval of the Department.
The Department. will provide the necessary personnel to review such
publications and such approval or disapproval ,shall. not- be unreasonabl -
delayted or. unr.easonably withheld. This paragraph s.hall .not apply to
the ordinary written transactions necessary to carry out the terms
of this contract.
15 . The Contractor agrees that the Budget Director of the
County is authorized to review and evaluate and approve or disapprove
for..merit- and. duplication .of services. any and .all studies, research,
or .reports. to be. done .by the ,Cont:ractor in-connection- with services
provided under this Agreement.
. 16. No services to be rendered pursuant to, or. in .connection-
with this Agreement .may be refused to any person. .because of- his race,
creed, sex, color, or country of origin.
17 .. During the performance of this contract, the: Contractor
agrees that, it-will comply with the "non-discrimination clauses " ,
as required. by the State of New York, and .as set forth in. Exhibit "B" , a
attached hereto and made a part hereof.
18. The County shall evaluate and determine compliance with the
terms hereof. Such evaluation shall be considered by the County and
submitted to the Contractor for its information prior to : consideration
of any request for renewal' of this Agreement.
19. The Contractor agrees to render diligently to the County,
any and all cooperation, without additional compensation, that may be
required to legally defend the County against any claim, demand .or
action that -may be brought against the County in connection with this
Agreement. . . . I . . .
20. Any communication, notice, claim for payment, report or
other .submission necessary or required to be. made by the Contractor
to the .County, shall be deemed to have been duly. made .upon receipt
by the County at an address specified by the Budget Director of the .
County. .
21. It is understood that 'this z.nstrument represents the entire
Agreement of the parties thereto; and all previous understandings
are: merged herein; and that no. modifications hereof shall be valid
unless written evidence thereof shall be executed by the party to be
charged.
'22 . If any term or provision of . this Agreement or the application
thereof to any person or circumstance shall, to any extent be held
invalid or unenforceable, the remainder of -this Agreement, : or the
application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable,
shall not .be affected thereby;. and .every other term and provision
of this Agreement shall be void and- be enforced to the. fullest -extent pe. rti
permitted by law.
23. The Contractor shall make every effort possible to coordinate
the work performed under this Agreement with the Suffolk County
Office of the Aging.
EXHIBIT "A"
Town of Southold
Nutrition For The Elderly Budget
October 1, 1974 - September 30 , 1975
EXPENDITURE AMOUNT
Personnel $10, 000.
Site Manager 10, 000.
Consultants 765 .
Equipment 1, 800.
Refrigerator 650.
Mixer 350.
Meat Slicer 300.
Dishes & Tableware 200.
0CT'2'91974 $
Large Pots & Pans, Bowls, etc. 200.
Misc. Small Items 100.
Travel 1, 038.
Transportation Vehicle 510.
Staff Travel @- 11(�/mile 528 .
Rent 3 , 000.
Communication 815 .
Telephone 815 .
Printing and -Supplies 18, 690 .
Printing 100.
Food 17, 290.
Supplies 1, 300.
Total $36, 108.
Less : Site Income Carryover 1974 500.
Estimated Site Income 1975 3 , 500.
Net Suffolk County Share $32 , 108.
EXHIBIT B
NON-DISCRIMINATION CLAUSES
During- the performance of this contract, the Agency agrees as follows :
(1) The Agency will not, discriminate against any employee or
applicant for employment because of race, creed, color or national
origin, and will take affirmative action to insure that they are
afforded equal employment opportunities without discrimination
because of race, creed, color or national origin. Such action
shall be taken with reference, but not be limited to: recruitment
employment, job assignment, promotion, upgrading, demotion, transfer,
layoff or termination, rates of pay or other forms of compensation, and
selection for training or retraining, including apprenticeship and
on-the-job training.
(2) The Agency will send to each labor union or representative
of workers with -which it has been or is bound by a collective bargaining
or other agreement or understanding, a notice, to be provided by the
State Division of Human Rights, advising such labor union or representa-
tive of the Agency ' s agreement under clauses (1) through (7) (hereinafter
called "non-discrimination clauses") . The Agency shall request such
labor union or representative to furnish the Agency with a written
statement that such labor union or representative will. not discriminate
because of race, creed, color or national origin and that such labor
untion or representative either will affirmatively cooperate, within
the limits of its legal and contractual authority, in the implementation
of the policy and provisions of these non-discrimination clauses or
that it consents and agrees that recruitment, . employment and the terms
and conditions of employment under this contract shall be in accordance
with the purposes and provisions of the;sze non-discrimination clauses.
If such labor union or representative fails or refuses to comply with
such a request that it furnish such. a statement, the Agency shall
promptly notify the Commission and the State Division of Human Rights
of such failure or refusal.
(3) The Agency will post and keep posted in conspicuous places ,
available to employees and applicants for employment, notices to be
provided by the State Division of Human Rights setting forth the
substance of the provisions,- of clauses (1) and (2) and such provisions
of the State ' s Laws against discrimination as the State Division of
Human Rights shall determine..
.(4) . The Agency will state, in all solicitations' or advertisements
for employees placed by or on behalf of the Agency, that all qualified
applicants will be afforded equal employment opportunities without
discrimination because of race, creed, color or national origin.
(5) , The Agency will comply with the provisions of. Sections 291-299
of the Executive Law and the Civil Rights Law, will furnish all information
and reports deemed necessary by the State Division of Human Rights
under these non-discrimination clauses and such sections of the Bxecutive
Law, and will. permit access to its books , records and accounts by the
County, the .State Division of Human Rights , the Attorney .General and
the Industrial Commissioner for purposes of investigation to ascertain
compliance with these non-discrimination clauses and such sections of
the Executive Law and Civil Rights Law.
1�6 QGT �-:91974
(6) This contract may be forthwith cancelled, terminated or
suspended, in whole or in part, by the County upon. the ..basis .of a finding
made by the County, the Commission, or the State Division of .Human Rights
that ,the Agency has not complied with these- non-discr_ iminatibri._:clauses ,
and the Agency may be declared ineligible_ , for .future contracts made by
or on behalf of the County, the State or a public authority or-.agency
of ..the State, until it satisfies the State Division of .Hu_man.Rghts
that it has established and is carrying out a program inconformity
with the provisions of these non-discrimination. clauses .. Such finding
shall be made by the State Division of Human Rights after .'conciliation
efforts by the State Division of Human Rights has failed to .achieve
compliance with these non-discrimination clauses and after . a ,verified
complaint has been filed with the State Division of Human Rights,
notice thereof has been given .to the Agency .and .an opportunity has
been afforded the Agency to .be heard_.publicly .before three members of
the State Division of Human Rights. Such .sanctions may be imposed and
remedies invoked independently of or in addition to sanctions and
remedies otherwise provided by law:' - .
(7) The Agency will include the provisions of clauses (1) through
(6) in every sub-contract or purchase in order' in such a manner that such
provisions will be binding upon each subcontractor or vendor as to
operations to be performed within the State of New York. The Agency
will take such action in enforcing such provisions of such subcontract
or purchase order as the'.County Commission or the New York State
Narcotic Addiction Control Commission may direct, including sanctions
or remedies for noncompliance. If the Agency becomes- involved in or
is threatened with litigation with a subcontractor or vendor as a
result of such direction by the. contracting agency, the Agency shall
promptly so notify the Attorney General, requesting him to intervene
and protect the interests of the State of New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan', Justice Suter, Justice Demarest:
Moved by Councilman Homan, seconded by Justice Demarest,
WHEREAS the Town of Southold has heretofore enterdd into a contract
with the County of Suffolk dated October 1, 1974 whereby the Town
has agreed with the County of Suffolk to administer a nutrition
program .pursuant 'to the provisions of Title VII of the Older
Americans Act for a term of one year, commencing on October 1, 1974,
and
WHEREAS pursuant to such program a Site Manager is required to be
employed by the .,Towwn to administer said program on behalf of the
Town, all .in accordance with 'said ' contract between the Town and- -
County, and
WHEREAS, the Town desires to employ Mary Tuthill as the Site
Manager for said 'program and the said Mary Tuthill has agreed to
accept such position and to perform the services of a Site Manager,
NOW, 'THEREFORE, IT IS AGREED':
1. That the Town does hereby employ Mary Tuthill as the Site
Manager for' the nutrition program' to' be administered by the Town of
Southold pursuant to the aforesaid agreement with the County of
Suffolk and the said Mary Tuthill does hereby agree to be employed
in- such position pursuant to the terms hereof.
2 . That the services of the Manager shall be performed' in
accordance with all the terms and conditions of the agreement
between the County of Suffolk and the Town of Southoc-d above
referred to and in accordance with the directions of- the' - Town of
Southold.
3 . That the Town agrees to, pay and the Manager agrees .to
accept for such' services the monthly sum of Ei4ht 'Hundred` Thirty-
three and 33/100 ($833 . 33) Dollars.
4. ' That the services of the Manager are to com- mence- on the
date of said agreement between the 'Town and the ,County and' to
continue for a term of one year 'hereafter unless sooner terminated
in accordance with the terms and conditions of the contract -between
the Town and the County.
Vote of the Town Board: Ayes : Supervisor Martocchia; Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest: .;
OCT 2`9' 1974'--
1, 7
Moved by Councilman Homan, seconded by Justice Suter, it was
RESOLVED that Arthur Sherrard, New Suffolk, New York, be appointed
School Crossing Guard in front of the. Sacred Heart School, Cutchogue,
New York, effective November 1, 1974, at' $11. 30 per day, to be paid
in regular monthly payments.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Mr. David Driscoll inquired as to the possibility of recording
Town Board minutes . He also discussed selecting another Town Hall
site and had questions regarding the budget.
Mrs. Gladys Csajko inquired as to the progress of the dog pound.
Moved by Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that this Southold Town Board meeting be adjourned at
4 :40 P.M.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Albert W. Richmond
Town Clerk