HomeMy WebLinkAboutTB-03/10/1964 MEETING OF MARCH 10, 1964 293
The Southold Town Board met at the office of the Supervisor, ' Lester
M: Albertson, at Greenport, New York 'bn 'Tuesday, March 10', 1964 with
the following present: Supervisor Albertson; Councilnen =Demarest and
Valentine; Justices Tuthill and Clark; Town Attorney Tasker and Town
Clerk Richmond and Supt. of Highways Price.
Moved by Justice Clark; seconded by Councilman Demarest;
RESOLVED: That the minutes of February 18, 1964 and the Special -meet-
ing of March- 3, 1964rbe and they are hereby duly approved.
Vote of Town Board: Ayes-supervisor Albertson; Councilmen Demarest
and -Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Justice Tuthill:
RESOLVED: That the next regular monthly meeting of the Town Board
will be held at the office of the 'Supervisor, ' Lester M. Albertson,
16 South Street, Greenport, N.Y. on Tuesday, March 24, 1964 at 3: 00 P.M.
Vote of the Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Councilman Valentine;
RESOLVED:' That. the report- of Lester M. Albertson, Supervisor, for the
month of February 1964 be accepted by the Town Board and placed on
. file. Vote of Town Board: Ayes-Councilman Demarest and Valentine;
Justices Tuthill and Clark.
Moved by Councilman Valentine; seconded by Councilman Demarest;
RESOLVED: That the Police Report for the month of February, 1964, be
accepted by the Town Board and placed on file.
Vote of Town Board: ayes-Superv_�or Albertson Councilmen Demarest
and Grathwohl�; Justice's Tuthill and Clark.
Moved.- by Justice Tuthill; ' seconded by Justice Clark;
RESOLVED: That the report of Ralph P. Cox, Dog Warden, for the month
bf• February 1964 be accepted by the Town Board and placed on file.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Councilman Valentine
RESOLVED: That the -report of Albert- W. Richmond, Town Clerk, for
the month of February -1964 be accepted by the Town Board and placed
t�
on file. Vote of Town Board: yes-Supervisor Albertson; Council-
men Demarest and Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Justice Tuthill:
RESOLVED: That the report of Howard M. Terry, Building Inspector, for
the month of February 1964 be aceepted ,by the Town Board and - placed
on file. Vote of Town 'Board: ayes-Supervisor Albertson;'. ' Council-
men Demarest and Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Councilman Valentine;
WHEREAS, James Patrick Kelly has served the Town- of Southold as
Patrolman (Constable) for the past 36 years and .has diligently and
faithfully performed the duties -of his office,
NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of
Southold express to Patrolman James Patrick Kelly =it ' s grateful
appreciation of his service to the Town of 'Southold.
Vote*_,of Town. Board: ayes-Supervisor -Albertson; Councilmen Demarest
and' Valentine;. Justices Tuthill and-Clark.-
Moved by Justice Clark; seconded by: Councilman Valentine; -
RESOLVED: That Supervisor Lester M. - Albertson -be and he hereby� is� .
authorized to hire Barbara Carrozza of Peconic,- New York, - as .-a- Sec-
retary to the ' Planning Board and the Board of Appeals for' an'-eight
(8) week probationary period.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
294-
Moved by Justice Clark; seconded by Justice Clark;
. WHEREAS, a building, located on Hummel Avenue, Southold, formally owned
by Goldsmith & Tuthill and now under contract to Southold Lumber Co.
encroaches upon Town Property to the extent of one foot three inches.
on the west and. one foot eight inches on the east, and
WHEREAS, the owner of said property has requested that the Town permit
such encroachment to continue as long as the present building remains on
the property, and
WHEREAS, it is the feeling of the Town Board that such encroachment is
not detrimental to the interest of the Town of Southold,
NOW, THEREFORE, BE IT RESOLVED: That the Supervisor of the Town of South-
old be. and he hereby is authorized to enter into an agreement with the
owner of said property permitting the above mentioned encroachment to.
continue as long as the building on said premises remains in its present
condition-. Vote of Town board: , Ayes-Supervisor Albertson; Councilmen
Demarest and Valentine; Justces ..Tuthi_ll. and Clark..
Moved by Councilman Demarest; seconded by Councilman Valentine;
RESOLVED: That the Supervisor, Lester. M. Albertson, be and he hereby is
authorized and directed to advertise for 75, 000-`gal. of Special Grade
Gasoline . (or -as_,much thereof as may be required during the -period from
April 1, 1964 to March 31, , 1965) for the use of the Town of Southold.
The Town Board of the Town of Southold reserves the right to refuse any
and all bids and to waiue any and all informality in any bid, should it
be deemed in the best interest of the Town of Southold. Bids to be open-
ed at 3: 30 P.M. on March 24, 1964.
Vote of Town Board: Ayes-Supery isor Albertson; Councilmen Demarest and
Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Councilman Valentine:
RESOLVED: That Supervisor Lester M. Albertson is hereby authorized to
purchase a desk, typewriter and office equipment for the assessor ' s
office, sum not to exceed $
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Justice Tuthill'
RESOLVED: That the Supt. of Highways of the Town -of Southold-, be authoriz-
ed to .advertise forbids and to purchase from the lowest responsible
bidder 200 ton . (or as much as may -be needed thereof ). of 3/8 blue stone
for the. repairs of the- Town Highways, to be- delivered when so ordered
by the Supt. of .Highways.
Vote of Town Board: ayes-Supervisor Albertson; Councilmen Demarest
and Valentine.; Just&-ces Tuthill and Clark.
Moved by Justice Tuthill; seconded .by. Councilman Demarest;
RESOLVED: That tEh Supt. of Highways of the Town of Southold be authoriz-
ed to advertise for bids and to purchase from the lowest responsible
bidder 500, 000 gals . of Asphalt Road Material or as much as may be needed
for the. repairs of Town Highways, to be delivered ,when so ordered by
the Supt. of Highways .
Vote of Town Board: Ayes-Supervisor -Albertson; Councilmen Demarest and
Valentine; Justices Tuthill and Clark.
Moved by Justice Tuthill; seconded by Justice Clark;
WHEREAS, Southold Town Planning Board has prepared an official report. -
and recommendation ,upon a proposal to amend the Building- zone Ordinance
of the Town of Southold, Article III Section ,300 .Subdivision 6 by adding
a new subdivision to be Subdivision 6a to read as follows:
6a Public utility building, structures or facilities, when authorized as
a special exception by the Board. of Appeals as hereinafter ,provided, .
NOW, THEREFORE,- BE IT RESOLVED: That a. public hearing will be held by the
Town Board at the Supervisor ' s Office, 16 South Street, Greenport, N.Y.
on Tuesday, March 24, 1964 at 7: 00 P.M. "on the above mentioned - amendment,
pursuant to provisions of Article IX of the Building Zone Ordinance
Section .265 and that the Town Clerk be and he hereby is authorized and
dirlecte to yause ?tiKe of said hearing t the L ng
Is an rave er-Ma ti uc Wa c man pursua t �o h� requirements of �aw.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
29 5
Moved by Councilman Valentine; seconded by Justice Clark;
RESOLVED: That Supervisor Lester M. Albertson be aid he "hereby is auth=
orized to sign the agreement.with 'Cornell University providing for
studies to be performed by said university as contained Iin. said 'agreement.
'Vote of Town Board: Ayes-Supervisor Albertson; Counci lmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Councilman Valentine;
WHEREAS, Bernhardt ' s Motel Inc. . has aequested permission to test bore
for water and place a point on town property,' Duck Pond, Cutchogue; New
York, and
WHEREAS, the Highway Superintendent has examined the situation and
recommends the issuance of a permit thereof,
NOW, THEREFORE, BE -IT RESOLVED: That the Town Board hereby authorized
the Supt. of Highways .- to issue a permit for the placing of a water
pipe and well;--,point within the bounds of. a Town "Highway known- as Duck
Pond Road, Cutchogue, N.Y.
Vote of Town Board: Ayes-Supervisor Albertson; councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Councilman Valentine;.
WHEREAS, - Southold. AMerican Legion G.T.G. Post #803 of ' Southold, N.Y.
applied to the Town Board for a Bingo License, and
WHEREAS, the Town Board has examined the application and after* invest-
igation duly made findings and determinations as required by law,
NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be and' he hereby
is author zed knd directed to execute on behalf of the Boa rd the findings
and determinations as 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 Southold American Legion G.T.G: Poste#803.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark,.
Moved by Justice Clark; seconded by Justice Tuthill
WHEREAS, this Board desires to amend the. provisions of the Building
Zone Ordinance of the Town of Southold as Ye reinafter set forth,
NOW, THEREFORE, BE. IT' RESOLVED: That the Town Clerk of the Town of
Southold be and he- hereby is authorized and directed to transmit "to
the Planning Board. of the Town of -Southold a certified copy of this
resolution together with a request .in writing to said Planning-
Board-instructing said -Planning Board to prepare an" official report with
their recommendations on said proposed amendments pursuant to- the pro-
visions of Article IX Section 900 of the Building Zone Ordinance of
the Town of Southold, said proposed amendments- being as follows:- to
wit
By amending Article III Section 300 by adding thereto a new- part -to.. -
be Paragraph lA to read as follows:
lA The conversion of any Building in existance at the' effective date
hereof to two family dwelling, when authorized as a special exception
by the Board of Appeals" as hereinafter provided.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; secn.ded by Justice Clark;
RESOLVED: That the Town Clerk be and he- hereby is directed-to- request
the Long Island Lighting Company to install 1-400 WMV street light on
Pole "#1-LIL CO on" Skippers Lane; ,Orient, N.Y." in the Orient Light Dist.
Vote of Town Board: Ayes-Supervisor Albertson; Councilman Demarest �and
Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Justice Tuthill:
RESOLVEDi That the Town Clerk .be and hereby is directed to request the
Long Island Lighting Company to remove one 400 WMV steeet Light on LIL
Co. and NYT CO Pole #408 North Road and Moores Lane, Greenport, N.Y.
in the Greenport Light District.
Vote of Town Board: Ayes-Supervisor Albert son; 'Councilmen- Deniarest
and Valentine; Justices Tuthill and Clark.
Clh
Moved by Councilman Demarest;. seconded .by Councilman Valentine;
WHEREAS, a petition. was received from Cleaves .Point Corporation request-
ing a change of zose. of certain property in East Marion, N.Y. described
in said petition from "A" Residential and Agricultural DistYiot to "B."
Business District
NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town of
Southold be and he hereby .is directed to transmit this applicaiton to
the Planning Board in accordance with the Section 901 Subdivison C-
o.f Article IX of the Building Zone Ordinance of the Town of Southold..
Vote of Town Bca rd: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Just,i.ces Tuthill and_ Clark.
Moved by Councilman Demarest; seconded by Councilman Valentine
WHEREAS, a petition was received from Vail Bros. Inc. requesting a`
change of zone of certain ,propert,y situated at Peconic, , N.Y. described
in said petition from "A" Residential and Agricultural District to
"B" Business District,
NOW, THEREFORE, BE IT RESOLVED.: That- the ToWn C.lerk' of the Town of
Southold be and he hereby is directed. to transmit the application' to
the Planning Board in accordance with Section_ 901, Subdivision C of
Article IX o.f , the Building Zone Ordinance of the Town of '.Southold.
Vote of Town Board: Ayes-Supervisor Albertson;.' Councilmen Demarest
.and Valentine; Justices Tuthill and Clark .
Moved .by Councilman Demarest; seconded by Justice _Tuthill:
.WHEREAS, C. .Stratakis, S. Moraites .and Emanuel Moraitis` request. per-
mission to run a drainage pipe on Landing .tane across Beach. Road and
across Town property ,
RESOLVED: That the ,Town Board approves of the the H.ighway. Superintendent
granting.• permission under such conditions which may be imposed by
Highway Superintnedent Price. .
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices 'Tuthill and Clark.
Moved by .Justice Clark;• seconded by Councilman ,Demarest; `
RESOLVED: ,That General Bills in .the. amount of $8,,.719.35; Lighting
District . Bills in the amount of *$5-, 866. 50; Fishers Island. Ferry 'Di`st=
rict' Bills .in the amount of $11,.600.99 and ,Highway Bills in the. amount
of $26, 309. 52 be and the same are hereby ordered paid.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
.and Valentine; Justices Tuthill and Clark.
Councilman. Demarest introduced proposed Local Law No. -2. entitl,ed ,,.
"A Local Law relating to the establishment ,of a police department for
the Town. of Southold. "
Moved by Councilman Valentine; seconded, by Justice. Tuthill:
WHEREAS, February 20, 1964 marked the 100th Anniversary of -the death
of Lt. Edward F. Huntting, ..who was born in Southold on .May .22,_ 1842'
and who was killed February 20, 1964 at .the. Battle of Olustee, Florida,
and
WHEREAS, Town G.A.R. Post No. 353 was named in honer of Lt. Edward F.
Huntting,
NOW,.- THEREFORE, BE IT RESOLVED: That, the Town Board of the ,Town of
Southold on this day hereby honors the memory of Lt... Edward .F. Huntting.
Vote of Town Board: Ayes-Supervisor Albertson; , Councilmen Demarest
and Valentine; Justices ..Tuthill and. Clark.
Recess at 5: 45 P.M. to reconvene at 3: 00 P.M. on March 11, 1964.
Meeting reconvened at 3: 00 P.M. on March 11, 1964. Justice ; Tuthi.11 .
was absent at this time.
Moved by Justice Clark ; seconded by Councilman Demarest; ,
RESOLVED: , That the Town° .Clerk be and he .hereby is directed to request
the Long Island Lighting Company to install. 1-400 WMV street light ,
297
on pole #449J-NYT CO on the corner of- -Private Road- and Main Road,
Peconic, N.Y. in the Southold Lighting District.
Vote of Town Board: Ayes-Svpervisor :Albertson; Councilmen Demarest
and Valentine; Justice ;Clark:._,'
Moved by Councilman Valentine;- seconded by Councilman Demarest;
RESOLVED: That Raymond Latham, Dump Attendant, have his salary raised
from $2. 25 per hour to $2 .55-'per hour, effective .as of Ma-rch' -15, 1964.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
aril Valentine and Justice Clark.
Moved by Councilman Valentine; seconded by Councilman Demarest;
RESOLVED: That Supervisor Lester M. Albertson be and he hereby .is
authorized to 'hire -'an extra man for summer months to care for beaches,
grounds etc at a salary of $2 . 00 per hour.
Vote of Town Board Ayes-supervisor: ' Albertson' Councilmen Demarest , -
and Valentine Justice Clark.
Moved by Councilman Demarest; seconded by Councilman Valentine;
RESOLVED: That Albert W. Richmond, Town Clerk, be and he hereby- is
authorized and directed to advertise for sealed proposals for oper-
ation of the concession stand and facilities at the Southold Town Beach
in Arshamomaque, for a term of five (5) years from the 31st' day of
May, 1964 under the terms and conditions contained in the prepared
' form of agreement by--Town Attorney Tasker; bids to be opened April
21, 1964 at 3: 00. P.M.._ =
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justice Clark.
Moved by' Councilman Demarest; seconded by Justice Clark;
WHEREAS, the County of Suffolk proposes to dred4)e- certain ,er-eas of
James Creek in the Town of Southold which dredging will be performed
by County owned dredging equipment 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 tYe 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, ' a-11 necessary plans and- specificat-
ions, spoil area agreement; assurances to the County of Suffolk, license
and/or'- dredging permit applications to Federal and State Agencies and
all documents that may be required to accomplish- said
dredging -
Vote of Town Board: Ayes-supervisor-'Albertson; - Councilmen Demarest ---
and Valentine; Justice Clark.
Moved by Justice Clark; seconded by Councilman Demarest;
WHEREAS', 'the County of-Suffolk awns and operates a dredge and other
equipment suitable for dredging channels and depositing fill on des-
ignated 'areAs, and
WHEREAS, the 'Town of Southold has requested that the said dredge be
used in connection with the dredging of James Creek, Town of Southold
as shown on the accompanying maps and specifications, .and
WHEREAS, the Supervisor of .the Town of' .-Southold by resolution duly
adopted by the Town Board of ' said Town of Southold has been authorized
'and directed to :sign for and -on behalf of the- Town of Southold
assur-ances to the County of Suffolk, that the' said Town ' of Southold will
perform all 'acts- requi:red to be 1 performed by said Town in connection
with the preparation for the dredging operation as aforesaid -and ob=
taining=of 'all necessary easements and rights of way- for said-, dredging
operation and -use of areas indicated on -the attached .map for spoil
areas together with ail necessary rights incidental- to said- dredging
operation,
NOW, THEREFORE, ::`. in consideration of the benefits- to
the Town of Southold, as aforesaid, the Town of Southold hereby assures
the County of Suffolk that it will:.
(a Furnish, free of cost to the County of Suffolk, all lands, tease-`
ment.sy right of way and spoil disposal areas necessary for the new work
29K .
and subsequent maintenance when and if required for the dredging operations
at James Creak, all as •shown -on the. attached map, and
(b) Hold and save the County of Suffolk free from any claims or damages
resulting from said improvement or resulting in any way from the said
dredging operation or the use of equipment at the said James Creek, or
use of any spoil area or any other area affected by said dredging oper-
ation. .
Vote of Town-Board: Ayes--Supervisor Albertson; Councilmen Demarest and
Valentine; Justice Clark. .
.Recess called at 3:40 P.M. to reconvene at 5:30 P.M.
Moved by Councilman Valentine; - seconded by Councilman. Demarest; .,
WHEREAS, the Town of Southold wishes to lease ah Air Strip in Mattituck,
N.Y. for use by the public,
NOW, , THEREFORE, .BE IT RESOLVED: That a ..public hearing will be, held on
the 2nd day of April, 1964 at 7:30 P.M. in the Supervisor' s .Office,
16 South Street, Greenport, N.Y. at which time all persons interested
. will be heard.
Vote of Town Board: Ayes-Supervisor Albertson; , Councilmen Demarest
and. Valentine; Justice Clark.
t
Moved by Justice Clark.; -seconded by.,Councilman .Valentine;
RESOLVED: That a public hearing will .be held on-the following proposed
Local . Law No. 2 of the Year 1964. at 7:30 ,P.M. on the 23rd day of Rarch,
1964 at which time all persons interested will be heard. .
NOTICE OF PUBLIC HEARING OF PROPOSED. LOCAL LAW -NO. 2
Public Notice is hereby given that there has been .presented to the Town
Board of the Town of Southold, New York, a Local Law relating to the
establishment of. a Police Department for the Town of Southold, said
proposed Local Law being as follows:
TOWN OF SOUTHOLD
LOCAL. LAW, NO. 2 -YEAR 1964
A local law relating to the establishment of a police. department for
the- town of Southold.
Be it enacted by the -town board of the .town.,of Southold as .follows: . .
SECTION 1. There is hereby established a police department for that
portion of. the town .of Southold outside the incorporated village of -
Greenport. The -head of such. department shall be .the ;commissioner of p
police, which office. shall be in the unclassified service . of the civil
service.. `There-_.shall be in such police department a. commissioner..of
police and such number o,f .,.lieutenants, sergeants,, patrolmen, . watchmen,
special.-police.:.and other .off-icers and employees, as shall be determined
by the. town board upon the recommendation. of the commissionr. of police.
The commissioner and policemen of such department shall' be ,peace officers
and shall have all .the powers and be subject to all. ,.the duties and ,lia-
bilities of a constable.. of the town;in all criminal ,actions.,acid pro-...
di
ceedings and special proceedings of a criminal nature., :and .such ad, ,.,-`
ional powers, not inconsistent with law, as shall be con ferred..upon. ..
them by .the town board. The, compensation of.the members.' of such depart=
ment:: and the. manner of payment thereof .-shtLll be:;.fixed and.. determined
by the town-board.
2. .The commissioners o.&,:police shall be appointed by the
,town_board_and shall.hold such position-;at. the ppleasure of the. town ..
board. The :. commissioner of police at ,the ,t ime. of .his appointment must
be a' citizen- of the United States, and a.resident , of. .the , state .of .New.
York, for. at least. one,.year. The _commissioner, shall,have ,charge,,. super-
vision.and'.management ,of the ,police, department . and- all officer.s, and-
employees there.of. ,He ,shall keep such records .and, make such. reports; . :
concerning the .department ,as may be required--..by, law ,or,by, the. town board.
Within the appropr_iation,_made,:thereof and .when; authorized by the Town
Board, the commissioner shall purchase or lease all supplies; .materials
and' equipment •required .for.. the _use ,of such department.,
2 9.9
3. Except as otherwise provided by this local law, the members
of' the police department..shall be appointed and promoted from an elig
ible 'civil .service list by the commissioner.of police. No pereon shall
be appointed A. member of -the police department, nor continue as. a mem-
ber thereof, who shall not' be a� citizen of the United States., who has-
been convicted of a felony, who shall be unable to read and write
understandably .the English language, or who shall not'have resided with-
in the .state of New York one .year, .and in the m unty of Suffolk for
six months, next preceding his appointment. Provided, however, that
at the time of the organization of such police department, appoint-
ments thereto shall be made first from among constables and/or police
officers then employed by the town of Southold; if such persons
possess all of the qualifications hereinbefore'.'in' this -section set
forth. Each member of the police department, except the commissioner
of police, shall hold office during good behavior.
4. 'Notwithstanding any other provision of this local law,
the commissioner of police may appoint temporary patrolmen from time
to time as he may determine necessary. Such patrolmen shall be known
as ".special policemen" and shall have all-powers and authority and
shall perform all the duties of a patrolman in the police department.
Such special policemen shall serve at the pleasure of the commissioner
unless otherwise provided by law.
5. The commissioner of police, subject to the approval of
. the town board, shall from .time to time, make, adopt and enforce rules
and regulations for the government, discipline, administration and
disposition of such police department and the members thereof. Any
such. rules and regulations or any amendments thereto shall be in
written form and a copy of the same distributed to each member of the
department and posted in a conspicuous place in the headquarters of
the police department.
6. The commissioner of police shall have the power and auth-
ority to adopt and make rules and regulations for the examination,
hearing, investigation and determination of charges, made or preferred
against thy member or members of such police department. Except as
otherwise provided by law, no member or members of such police de-
partment shall be fined, reprimanded, removed or dismissed until
written charges shall have been examined, heard and investigated in
such manner or such procedure, practice, examination and• investigation
as the commissioner, by rules and regulations from time to time, may
prescribe. Such charges shall not be brought more than sixty days after
the time when the facts upon which such charges are based are known
toothe commissioner. Any member of such police department at the time
of the hearing or trial of such charges shall have the right to a
public hearing and trial and to be represented by counsel; no person
who shall have preferred such charges or any part of the same shall,
sit as judge upon such hearing or trial. Witnesses upon the trial of
such charges shall testify thereto under oath. No member of such de-
partment who shall have been dismissed shall be reinstated unless he
shall, within twelve moneths of his dismissal, file with the commiss-
ioner a written application for a rehearing of .the charges upon which
he was dismissed. The commissioner shall have the power to rehear such
charges and, in his discretion, :ipnay reinstate a member of the depart-
ment after he has filed such written application therefore.
. Any member of such department found guilty upon charges,
. after five days' notice and an opportunity to be heard in his defense,
of neglect or dereliction in the performance of official duty, lor of
violation of rules or regulations or disobedience, or of incompetency
- to perform official duty, or of .an act of delinquency seriously affect-
ing his general character or fitness for office, may be punished by
the commissioner, by reprimand, by forfeiture and withholding of salary
or compensation for a specified time not exceeding twenty days, by extra
tours or hours of duty during a specified time not exceeding twenty
days and the withholding of salary or compensation during such suspens-
ion, or by dismissal froatthe department, The commissioner shall have
- the power to suspend, without pay, pending the trial of charges, any
member of such police department. If any member of such police depart=
ment so suspended shall not be convicted of the charges so preferred
he shall' be entitled to full pay from the date of suspension. The
3®0
conviction of a member of. such police department by the commissioner
shall be subject to review by the supreme court in .the judicial dist-
rict in which the town of .Southold is located in..the manner provided
. . ••.by -article 78 of the civil. practice law .and. rules; 'provided that the
proceeding. is commenced within thirty days from the determination of ..
such conviction by.. the commissioner .
7. This local law -shall. take effect immediately.::, ,
Vote of Town Board: Ayes-supervisor Albertson; Councilman Demarest:
and Valentine; Justice Clark.
Letters received..by..the Town Board:
1. From Dr. Betz regarding abandoned automobiles.
2. From the Chief of. the Fire Department with inspection report on
the Highway Building at ,Peconic, L.I. This ,was turned' over to the
superintendent of_Highways for action.
3/ From the Chamber of Commerce regarding a pack of wild dogs. This
will be .taken. care of by the Dog.'.Warden.
Adjournment.
Albert W. Richmond
_ Town Clerk .