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HomeMy WebLinkAboutTB-04/11/1972 7 SOUTHOLD ,TOWN BOARD .MINUTES Meeting of April 11, 1972 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, April 11, 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,, ..,Town Highway. Superintendent Raymond C. Dean, and Town Clerk Albert W. Richmond. Absetn: Justice E. Perry Edwards. Moved by ffustice Suter, seconded by Councilman Homan, it was RESOLVED, that the minutes of March 28, 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 Councilman Rich, seconded by Justice Suter, it was RESOLVED, that the next meeting of the Town Board will be held at the Supervisor ' s Office, 16 South Street, Greenport, New York, on April 25 , 1972 at 3 :00 P.M. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Justice Demarest, it was RESOLVED, that the reports of the Supervisor, Police, Justice Suter, Building Inspector, Fishers Island Ferry District, and Town Clerk for the month of March 1972 be accepted by the Town Board and placed on file,. 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, Boatman ' s Harbor Inc. , Fleets Neck, Cutchogue, New York applied to the Town Board for financial assistance in dredging the entrance of Wickham Creek, NOW, THEREFORE, BE IT RESOLVED, that Supervisor Martocchia be and he hereby is authorized to contribute half of the total cost up to but not exceeding the, sum of $475. 00 toward the cost of dredging the entrance of Wickham .Creek, and only if the County dredge cannot dredge it before the summer season. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, WHEREAS, the Town of Southold has requested the County of Suffolk ttd dredge a navigation channel in Deep Hole Creek, Town of, Southold, and WHEREAS, the County of Suffolk proposes to do said dredging of Deep Hole 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 area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and all other documents that may be required to accomplish said dredging work. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter , Justice Demarest. �71 Moved by Justice Suter, seconded by Councilman Homan, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Brushes Creek, Town of Southold, and WHEREAS, the County of Suffolk proposes to do said dredging of Brushes 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, nowtherefore 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 area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and all other documents that .may be required to accomplish said dredging work. 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, the Southold Town Board wishes to go on record favoring the .following: Memorandum of Understanding Among Middle Atlantic Natural Science Council, Inc. , Greenport Aquaseum: Suffolk County, Town of Southold, Village of Greenport, the Suffolk Community Development Corporation, and the New York State Urban Development Corporation. This Memorandum of Understandin g among the Middle Atlantic Natural Science Council, Ind. , Greenport Aquaseum (Council) , Suffolk County (County) , the Town of Southold (Town) , the Village of Greenport. (Village) , the ,Suffolk Community -Development Corporation (S C:'D C. ) , and --thefNew -York State Urban .Development Corporation (UDC) , expresses the --intentions .of the parties , subject to-zapplicable legal requirements, to cooperate in the development of the Greenport Aquaseum in the Village of Greenport, Town of Southold. - .It is the understanding : the intent of the .-parties that: l. - Establishment of `Feasibility. A. Physical feasibility will' be studied relative .to site-.or sites under consideration for the proposed Greenport Aquaseum.: These studies will include aidetailed study of the surrounding land uses, traff ic, circulation, parking re .quirements,- .soil -.analysis, erosion control, real estate! analy_sis and . scope - of�a .potential building program in relation to sites under consideration. This portion of the study will also include the extent of: a•:-Ldemolition program and or relocation, if required in the - implementation:-of the program. B. Economic and Architectural aFeasility...- Economic and architecturl feasility �will.-concern .it self with the utilization of the proposed Aquaseum, analysis of the users, their _space needs-.and special design .requirements. Also under = -consideration :during this-part. ofLthe study will.-be the-investiga- tion of the general orientation of the operational program of. the aquaseum;= i. e: , its thrust -into :areas :of education, '_tourism, ocean related research- and directi.commercial use: In addition, evalua- tion .of -the number of jobs.created, salaries .and skill .levels -required and preparation of: a three_year.- operational -budget will be determined.' : C. With completion of A and .B, above, . fiscal projection .will be developed encompassing the cost of-.the .program .financing methods and commitments _-required-:of, the County; . the -Council, -the Town, the Village, , S .C.--D.C. -.and=UDC. 2 . Program Implementation. After first fihase decisions .are- made,. ..S .C.DC. .and UDC, in _!cooperation with -the parties. to -this- agreement, .will retain architectural consultants to :prepare a special utilization program and -architectural schematic plans based on first phase results: Within 45 days : of! the .submission. of the .schematic plans to the Council, County,: - Town.-and Village,.by ::S .C..D.C. and lv'72 UDC, the parties to this agreement will enter into a lease purchase agreement with respect to the Aquaseum- and related failities to be developed jointly by S .C.D.C. and UDC for the parties to this agreement pursuant to this Memorandum. The Aquaseum' s annual lease payments to S .C.D.C. - UDC for the above facilities will be based upon financing expenses of carrying out and amortizing the total development costs to be incurred by S .C.D.C. and UDC in 'the construction of said facilities. Simultaneously with the preparation of schematic plans, and execution of the lease purchase agreement, S .C.D.C. and UDC will proceed with the real estate acquisition phase pursuant to agreements and decisions developed during the first phase of the program: 3. Local Sharing. The parties to this Memorandum understand that it is the policy of the UDC to require local contribution to the cost 'of any project undertaken by it. It is agreed to J?y the parties to this agreement that first phase costs and expenses in the determination of feasibility will be incorporated within the total financing of this program and will be advanced by UDC and S .C.D.C. Should the parties to this agreement and S .C.D.C. and UDC fail to enter into a lease purchase agreement with respect to the Aquaseum, the County agrees to reimburse UDC. for fifty percent (50/0) of the actual cost that UDC incurs .in the preparation of this study, as described in Paragraph 1.A. Total costs relative to Paragraph 1. is estimated to be forty-thousand dollars ($40, 000.00) . 4. Financing and Development S:C.D.C. and UDC accept responsibility for the development and financing of the activities described and contemplated .herein except as otherwise indicated. These activities may be carried out by UDC, S .C:D.C. , a UDC subsidiary or successor or assignee. 5 . UDC Pourers Within the framework of the objectives described in this Memorandum respecting the development of a project by UDC, the parties to the Memorandum recognize the broad powers of UDC and the alternatives--available to it under the New York State Urban Development Act, and anticipate their use , as may be required, to achieve maximum speed and minimum cost in accomplishing the implementation of the program described herein. Vote of the Town Board: Ayes : ' Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. - Moved by Councilman Rich, seconded by Councilman Homan,' WHEREAS, the Southold Town Planning Board has prepared an official report and recommendation bu the application of W. Gordon and Lucy J. Ahman, Fishers Island, New York, for a change of zone from "A" Residential and Agricultural District to "C-l" General INdustrial District, NOW, THEREFORE, BE IT RESOLVED, that a public hearing will be held by the Southold Town Board at the Fishers 'Island Fire House, Fishers Island, New York, on Wednesday, May 10,' 1972 at 1:00 P.M. on the abovementioned petition, and . thatthe Town Clerk be and heyhereby is authorized and directed to cause notice of said hearin g to be published in the Long Island Traveler-Mattituck Watchman, and the New London Day, Pursuant to the requirements of law. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice .Demarest. Moved by Justice Demarest, seconded by Justice Suter, WHEREAS, the. Southold Town Planning Board has prepared an official report andcommendation, the Suffolk County Planning Board has made their determination on the application of Halsey A. Staples for a change of zone in the Greenport area from "A" Residential and Agricultural District to "B-l" Gere�al Business District, _ 1 1-�=3 NOW, THEREFORE, BE IT RESOLVED, that a public hearing will be held by the Southold Town Board at--the Supervisor ' s Office, 16 South Street, Greenport, New York, on Tuesday, May 9, 1972 at 7 :30 P.M. on the abovementioned petition and that the Town Clerk be and he hereby is authorized and directed to cause notice of .said hearing to be published in the Long Island Traveler-Mattituck Watchman pursuant to the ,requirements of law. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Justice Demarest, WHEREAS, the Southold Town Planning Board has prepared an official report and recommendation on the application of George Ahlers, Cutchogue, New York, for a change of zone from "A" Residential and Agricultural District and "C" Light Industrial District to "M-l " General Mutliple Residence District in Southold, New York, NOW, THEREFORE, BE IT RESOLVED, that a public hearing will be held by the Southold Town Board at the Supervisor ' s Office, 16 South Street, Greenport, New York, on Tuesday, May 9, 1972 at 8 :00 P.M. on the abovementioned petition and that the Town Clerk be and he hereby is authorized and directed to cause notice of said hearing to be published in the Long Island Traveler-Mattituck Watchman pursuant to the requkrements of law. 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 position of Clerk-Typist in the Building Depart ment be abolished and the position bo be filled in that office be that of a Stenographer classification. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice. Demarest. Moved by Justice Demarest, seconded by Councilman Homan, WHEREAS, then term ofEoffice of Robert W. Gillispie, Jr. , East Marion, New York, as a member of the Board of Appeals of the Town of Southold expires on April 191.=1972, and WHEREAS, in the past, as a member of the Board of Appeals, Robert W. Gillispie, Jr. has rendered the Town of Southold a most valuable service, NOW, THEREFORE, BE IT RESOLVED, that Robert W. Gillispie, Jr. , be and he hereby is appointed as a member of the Southold Town Board of Appeals for a term of five (5) years commencing April 19, 1972 and ending April 19, 1977. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Rich, WHEREAS, that term of office of Alfred Grebe, Fishers Island, New York as a member of the Planning Board of the Town of Southold expires on April 20, 1972, and WHEREAS, in the past as a member of the Planning Board Alfred Grebe has rendered the Town of Southold a most valuable service, NOW, THEREFORE, BE IT RESOLVED, that Alfred Grebe be and he hereby is appointed as a member of the Southold Town Planning Board for a term of (5) years , commencing April 30, 1972 and ending April 30, 1977 .- Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Councilman Rich, it was RESOLVED, that the Commission of Public Works of the Town of Southold, be authorized to advertise for bids and to purchase from the lowest responsible bidder, the following item: 174 I �I i it . One , (1) New 23 .5 x 25 (16_pl'y", rock super steel guard tire.. 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 wa•s <- RESOLVED, that a recess be called at 3 :40 P.M. , to reconvene at - 5 :•00 P.M. :. Vote of the. Town Board:- Ayes.: Supervisor . Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Meeting reconvened at 5 :00 P..M.. Moved by Justice Suter, seconded by Councilman •Homan, WHEREAS in an emergency situation on April 8, 1972 at the Southold American Legion Hall, Radio Operator .Walter -Bonda•rch•uk, Sergeant Stanley Dross-,M;ki and Patrolman Theodore Bokina of the Southold - Town Police Department :all =did• 'a fine .job in-responding and -handling all of the details occurring -in this • emergency, now,. therefore be it RESOLVED,, that Walter :Bondarchuk, Stanley Droskoski and Theodore Bokina be commended for their efficiency and experience in handling this matter. - - , ' Vote :of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, =,Councilman Homan, Justice Suter, Justice Demarest. • Moved by Councilman Homan, seconded by 'justice Suter, it ;was RESOLVED; that General• :bills in the amount of $17 , 531. 75,­Special Districts bills in the amount of $4, 614..49, Fishers Island Ferry District bills in the amount of $12, 807. 14, and Highway bills in the amount of ' $10, 862. 03 be and the same are hereby ordered -paid. Vote of .-the Town Board: Ayes: -.-Supervisor :Ma-rtoc-chia, .Councilmazi Rich, Councilman Homan, Justice.•Suterj_ -Jus.tice :Demar-est.•..:. - . , Moved by- Justice Suter, seconded -by Councilman Rich, WHEREAS, Betty-Ann Neville has requested :a . two year leave -.of absence, from h,hr positfonn in: the Building- Department, NOW,-.THEREFORE;- BE IT RESOLVED, that- Betty _Ann•.Neville be and hereby 'is granted a . leave_, of absence not to. exceed;.two • (2) years without pay by reason of pregnancy. Such employee, upon the expiration of such period of leave .of absence,- .shall be restored to the same or comparable position of employment chf the .same • is available. - Vote of the Town Board: Ayes .-.,:. Sgpervisor ..Martocch.ia, Councilman Rich;--.Councilman :Homan, Justice.-Suter,. , Justice,Demarest. Moved-by •Jus.tic.e Demarest, seconded .by Councilman Rich, -it .was . RESOLVED,' .tha,t: Margaret -Haley,2 • Greenport,• New Yor-k;. :be and­she hereby is appointed ' School , Cro.ss,ing: Guard, Town of , Southold, •- - effective March � 29, -.1972.,•. ".at :the. daily wage of, $12.85 -per :day for each day worked, and .to .serve, at--,the pleasure of the ,Town Board. Vote of the- Town Board: Ayes : Supervisor Martocchia, - Councilman Rich`, Councilman Homan, • Justice-•Suter;-. J,ustice :Demarest. •: : Moved by Justice Suter, seconded by Councilman Homan, it was - RESOLVED, .that a recess -be called. at 6 :,25 P,M: - -.. . _ Vote of the Town Board: - Ayes : :Super.v sor Martocchia , Councilman. Rich, Councilman Homan, -Justice Suter, Justice :Demarest.- Meeting .reconvened:at -9 :45 -P..M. Moved by Justice- Dem.ar-est;.- seconded -by=.Councilman, Rich, ,it..was RESOLVED, =that -Supervisor Albert.Martocchia be and,-he hereby is authorized -to :sign agreement b6tWeen. Thompson Signal Devices, Inc. and-Town of. Southold-to-wit: THIS AGREEMENT 'made 'this 8th' day' of March, ' 1972 between Thompson Signal Devices Inc. , 'a ' domestic ' corporation having' its 'office 'at Watersedge Road, Soutliampton; ' New York, hereinafter called ."Thompson" and the Town of Southold, a municipal corporation of the State of New York having its office at 16 ' South Street, 'Greenport, 'Suffolk County, New York, hereinafter called the "Town" . WHEREAS, Thompson is engaged in the business of the installation, maintenance and operation' of ,alarm' systems "and equipment iii residential, business an,d` induatrial premises in the Town of Southold and in connection therewith desires to install an alarm control center in the police headquarters building 'of the- Town of Southold at Peconic, New York for the purpose of monitoring alarms of burglar systems installed and operated by Thompson as 'well as 'any and all burglar alarm systems which may be installed ley 'other persons 'or- forms in -the Town of Southold, and WHEREAS; the Town Believes that it is 'iri th'e public - inter'est that a central alarm control center be --installed in' the "communications center of ' the Southold Towri Police -Department and tonitore'd 'by the personnel of the Southold 'Town' ' Police 'Department; 'subject 'to tY'h:e terms 'and conditions hereinafter set forth.' NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Town does hereby give permission to *'Thompson ,to furnish, install and ' maintain 'in 'the :communications don t'ro1 center of th'e Town police headquarters, building at Peconic, New York, a forty- eight zone remote -enuriciator together 'with all necessary control equipment at the sole cost and ' experise of Thompson subject to "the terms and conditions hereinafter set forth. 2. Thompson 'does hereby 'agree ' as follows :' (a) "To furnish, install and maintain a model :##12-548 Design Control, ' Inc. , forty-eight zofie remote ` enunciator including' any and all equipment for the proper operation thereof." (b) When authorized by the Town Police Chief, to connect and/or disconnect all burgul'ar alarm systems installed by' Thompson or others. Notwithstanding the foregoing,' with � respect -to -any alarm system not owned by Thompson, Thompson shall only be re 'sponsible for the work required :to connect such system from the telephone control panel with the =p'oli.ee building basement to the communications. console. (c) ' To make ' all repairs ' to such equipment within twelve hours of notificatiori 'by the 'Town. (d) To connect or ,disconnect any alarm system within forty- eight 'hours of notification Eby 'the Town. (e) To charge a fee of''not more than $45 : 00 for the "connection of any burglar alarm system in the town alarm control center nor a monthly service fee of more than $5. 00 to any person 'or firm whose alarm 'system is connected to saidalarm ' control center without prior written approval of 'the ,Southold Town Board. (f) ' To hold the Town of 'Southold free' and harmless - of and from any claims which may be asserted by others by reason of any 'acts or omissions of Thompson in; its performance of this agreement: 3. It is agreed by and bwtween 'Eki*e parties hereto that the Town"will not permit any other persons or firms to connect alarm systems into its communication center under terms and conditions more favorable than those imposed upon Thompson for the connection of 'its _alarm systems ' into the Town 's ''Communication center. 4. Upon the " expiration 'of the term of ' this agreement or ' any - ' extensions or renewals thereof, it is agreed by the parties hereto that equipment installed by Thompsoh­shall remain in police head-* quarters building for a term of sixty days after such termination. It is further agreed 'by the parties hereto- that if Thompson at any time discontinues its present' business operations in the .Town of Southold or' goes out of 'Ibusiness -that the Town shall' have the option to purchase the equipment installed by Thompson at the price of $4680.00 less depreciation at the rate of 10% per year. The Town shall exercise such option by giving written notice thereof to Thompson within 60 days of receiving written notice from Thompson that it has discontinued its business operations in the Town or that it is going out of business, as the case may be, whereupon such purchase shall be consummated within thirty days of the giving of such notice. 5 . It is agreed by and between the parties hereto that the Town assumes no responsibility or liability for the operation of such system and Thompson does hereby release and discharge the Town of and from any and all claims, demands and causes of action for damages with respect to any act and/or omission of the Town or its agents and employees in the operation of any alarm system installed at the Southold Town Police headquarters. 6. This agreement shall take effect on the 8th day of March, 1972 , and shall terminate .on the 7th day of March, 1975 . Notwith- standing the foregoing provisions of this paragraph, the term of this agreement shall be automatically :extended for successive one year terms, upon the same terms and conditions as herein provided, unless either party hereto gives written notice to the other party not less than sixty days prior to the expiration of the then existing term that the term of this agreement shall not be so extended. 7. Thompson shall not assign this agreement or any of the provisions hereof to any other person or firm without prior written consent of the Town, which consent shall not unreasonably be withheld. 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 a public hearing will be held by the Town Board at the Supervisor ' s Office, 16 South Street, Greenport, Tewn of Southold, S"uf,folk County, New York on the 9th day of May, 1972 at 3 :30 o ' clock P.M. . in the matter of the amendment of the Southold Town ordinance entitled "Ordinance Regulating the use of Parking Areas at Southold Town Beaches" as follows, to wit: I. By. amending Section II by adding a new subdivision to be subdivision (c) to read as follows : (c) For the purpose of this Ordinance, a trailer shall be deemed a separate vehicle.. II. By amending the last unnumbered paragraph of subsection (b) of Subdivision - (A) , Section III, : to read as follows : Resident •parking� permits for .motor vehicles shall :: be permanently affixed to the, right -side of the front bumper of such vehicle and resident parking permits for trailer -vehicles - shall be permanently affixed to the right side of the drawbar or tongue of such trailer. III. By amending the first sentence of Section III,, - subdivision (A) , subsection (4), to read as follows : One day non-resident parking permits may be issued for the parking ;of vehicles, in . the parking areas at "Southold Town Beach" , 'Norman E. Klipp Marine Park" and "New Suffolk Beach" to any person by the attendant .on duty at such parking _areas. . . ' • - . IV. By repealing Section IV and renumbering Sections V to IX inclusive to IV to VIII inclusive: Vote of the Town Board: Ayes : Supervisor. Martocchia , Councilman Rich, Councilman Homan, Justice Suter., Justice Demarest. Adjournment at 10 :25 P.M. Albert W.: Richmond Town Clerk