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HomeMy WebLinkAboutTB-06/09/1970 21 MEETING OF JUNE 9, 1970. The Southold Town. Board met at the office of Supervisor Albert M. Martocchia on Tuesday, June 9, 1970 at 8:30 P.M. with the following present: Supervisor Martocchia; Councilman Valentine; Justices Suter and Demarest; Town Attorney Tabker; Superintendent of Highways Dean and Town Clerk Richmond. Moved by Justice Suter; seconded by Justice Demarest; RESOLVED: That the minutes of the meeting of May 19, 1970 be and thek- hereby are approved. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED: That the next meeting of the Town Board will be held at the office of Supervisor Albert Martocchia, 16 South Street, Greenport, N.Y. on Tuesday, June 30, 1970 at 3 :00 P.M. Vote o'f "Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Justice Suter; RESOLVED: That a public hearing will be held by the Town Board of the Town of Southold, Suffolk County, New York, at the Supervisor ' s Office, 16 South Street, Greenport, New York, on the 30th day of June, 1970 at 8:00 P.M. on said day in the matter of the adoption of the proposed Ordinance providing for a code of Ethics, a copy of which ordinance is as follows : ARTICLE I INTENT OF TOWN BOARD SECTION I.- STATEMENT OF LEGISLATIVE INTENT. The Town Board of the Town of Southold recognizes that there are state statutory provisions man- dating downs to establish rules and standards of ethical conduct fdr public officers and employees which, if observed, can enhance public confidence in local government. In the light of a tendency today on .the part of some people to downgrade our local governments and to discredit our public ser- vants and our free institutions generally, itappears necessary that every effort be made to assure the highest caliber of public administration of this town as part of our state ' s important system of local government. It . is the purpose of this ordinance to implement this objective through the establishment of standards of conduct, to provide for punishment of violation of such standards and to create a board of ethics to render advisory opinions to the town' s officers and employees as provided for herein. SECTION 2 .- The standards, prohibited acts and procedures established herein are in addition to any prohibited acts, conflicts of interest provis- ions or procedures prescribed by statute of the State of New York and also in addition to common law rules and judicial decisions relating to the con- duct of town officers to the extent that the same are more severe in their application than this local law. ARTICEE II CODE OF ETHICS SECTION I.- DEFINITIONS . As used in this ordinance, the term "town" shall mean any board, commission, district, council or other agency, depart- ment or unit of the government of the town of Southold. The term "town employee" shall mean any official or employee of the town of Southold whether paid or unpaid, whether serving in a full-time, part- time or advisory capacity. SECTION 2. Rule with respect to conflicts of interest. No tewn employee shall have any interest, financial or otherwise, direct or indirect, or en- gage in any business or transaction or professional activity or incur any 9bligation of any nature, which is in substantial conflict with the proper discharge of his duties in the public interest. SECTION 3. STANDARDS . (a) No town employee shall accept other employment which will impair his independence of judgment in the exercise of his official duties. (b) No town employee shall accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of hisofficial position or authorit (c) No town employee shall use or attempt to use his official position to secure unw6.rranted privileges or exemptions for himself or others. 492 (d) No town -employee shall. engage in any transaction as representative or agent of the town which any business entity in which he has a direct or indirect financial interest that might reasonably tend to conflict with, the proper discharge of his official duties. (e) A town employee shall not by his conduct give reasonable basis for the impression that any person can improperly influence .him or unduly enjoy his favor in the performance of his official duties or that he is affected by the kinship, rank, position or influence of any party or person. (f) Each town employee shall abstain from slaking personal investments. in enterpr+;uses which he has reason to believe may be directly involved in decisions to be made by him or which will otherwise create .substantial con- flict between his duty in the public interest and his private interest. (g) Each town employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he .is likely to be engaged in- acts that are in violation of his trust.. (h) No town employee employed on a full-time basis nor any firm .in association of which such employee is, a member nor corporation a substant- ial portion of the stock of which is owned or controlled directly or in- directly by such employee,shall sell goods or services to any person, firm, corporation or association which is licensed or whose rates are fixed by the .Town in whd:ch such employee serves or is employed. SECTION 4. VIOLATION - In addition to any penalty con- tained in any other provision of law, any such town employee whm .shall knowingly and intentionally violate any of the provisions of this ordinance may be fined, suspended or removed from- office or employment in the manner provided bylaw. ARTICLE III BOARD OF ETHICS SECTION I. There is hereby established a board of ethics consistingog of three (3) members to be appointed by the town board, all of whom reside in the town of Southold and who shall serve without compensation and at the pleasure of the town board of the town of Southold. A majority of such members shall be .persons other than town employees but shall include at least one member who is an elected or appointed town employee of .the town of Southold. SECTION 2. - The Board of Ethics established hereunder .shall render advisory opinions to town employee6 on written request and upon request of the town board�.make recommendations to such town board to any amendments of this ordinance."" The opinions of the board of . ethics shall be advisory and confidential and in no event .shall the identity of the town employee by disclosed except to authorized persons and agencies. Such opinion shall be on the advice of counsel employed by the board of ethics, or if none, of ' the town attorney. SECTION 3. Such board of ethics upon its formation shall. promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings: ARTICLE IV ADMINISTRATION SECTION I. Upon .the adoption of this ordinance, the -town supervisor shall cause a copy thereof to be distributed to every town employee of this , town. Failure to distribute any such copy or failure of any town employee to receive such copy shall have no effect- on the duty of compliance with this code, nor the enforcement of provisions hereof. The Town_ Supervisor. shall further cause a copy of this ordinance to be kept posted conspicuously in each public building under the jurisdiction of the town. Failure to so post this ordinance shall have no effect on the duty of compliance herewith, nor the enforcement provisions hereof. SECTION 2. Within thirty days of the adoption .of this ordinance the.. town clerk shall file a copy thereof in the office of the state .comptroller. SECTION 3. The Town.board may appropriate moneys from the general town funds for the maintenance - of and for personal services to the board of ethics established hereunder, but such board of ethics- may not commit the expenditure of town moneys except within. the appropriations provided herein: : ARTICLE V SEVERABILITY CLAUSE SECTION I. If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate trhe remainder 293 thereof , but shall be confined in its operation to the clause, sentence, paragraph, ,section or part thereof directly involved in the controversy in which such judgmentshall have been rendered. ' ARTICLE VI EFFECTIVE DATE SECTION I. This Ordinance shall take effect immediately. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Suter and Demarest. Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That Richard Bassford, Mattituck, New York, be hired for a part-time Bay Constable to patrol town waters at a salary of $600.00 per season,- he to furnish his own boat and to serve at the pleasure of the Town Board. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. , Moved by Councilman Valentine; seconded by a-ust&66mDemarest; Y WHEREAS, Dr. Zitek has found it necessary to raise the charges on dog care as follows : Board of dogs, from $2. 00 to . $2 .50 for small ,dogs, 3 .00 for large dogs Euthanasia and Cremation $10,00 Cremation-$5.00 and $7 .00 according to size of dog. RESOLVED: That Dr. Zitek be and hereby is requested to continue serving the Town as our Dog Pound. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That Supervisor Martocchia be and he hereby is authorized to!; furnish Leander Glover, Jr. , Fire. Coordinator, appointed by the County, with the necessary equipment for the office. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Justice Demarest; RESOLVED: That Justice Suter be and he lereby is authorized to have House Numbering Books reduced in size and printed for the Town, the sum not to exceed $900. 00: Vote of Town Bpard: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Justice Demarest; seconded by Justice Suter; WHEREAS, North Fork Bank and Trust. Company holds in safekeeping with Manufacturer ' s Hanover Trust Co. of New York City, pledged to secure funds of the Supervisor, Town of Southold, $200, 000. 00 Treasurty Notes, 5% maturing November 15 , 1970, and WHEREAS, the North Fork Bank & Trust Co. proposes to swags this issue for like amount of U.S . Treasury Notes. 8 1/8% due August 15, 1973 which will pledge to secure funds of the Supervisor, Town of Southold, RESOLVED: That the Town Board approves said . action by the North Fork "Bank and Trust Company. vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter: Moved by Councilman Valentine; seconded.-by Justice Demarest; RESOLVED: That the Town Board accept the Bond of $65; 00 as recommended by the 'Southold Planning Board for roads and improvements in .the Sudbiv- ision known as LAUREL COUNTRY ESTATES,INC. north side Peconic Bay Blvd. , Laurel; N.Y. said 'Bond approved by Highway superintendent and Town Engineer. Vote of Town Board: Ayes-Supervisor Martocchia; UouncilmaanValentine; Justices Demarest and Suter. Moved by Justice Demarest; seconded by Councilman Valentine; RESOLVED: That the reports of the Building Inspector, Police, ,Supervisor, Justice Suter and Town Clerk Richmond for the month of May 1970 be accepted by the Town Board and placed on file. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Justice Suter; WHEREAS, Oscar Goldin applied to the Town Bca rd for a single trailer renewal permit dated NOW, THEREFORE, BE IT RESOLVED: That the application of Oscar Goldin to locate a single trailer on his property, Linnet Street, Greenport, New York, be and hereby is granted for a period of six months. : Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved- by Justice Demarest; seconded by Justice Suter; WHEREAS, the Southold American Legion GTG Post #803, applied to the Town Clerk 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 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 Southold American Legion G.T.G. Post. #803., Souhhold. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Justice Demarest; seconded by Councilman Valentine; RESOLVED: That John Droskoski, Orient, N.Y, be and he hereby isappointed a Temporary Patrolman, Town of Southold, for. 90 days to serve at the pleasure of the Town Board; unless otherwise provided for, and be it . futther RESOLVED: That the compensation for this position be fixed at $6890.00 peryear payable bi-weekly, said appointment to be effective as of 6/20/70. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Justice Demarest; seconded by Councilman Valentine;. RESOLVED: That -Kenneth Watson, Greenport, New York, be and he hereby is appointed a Temporary Patrolman, Town of Southold, for 90 days, to sere& at the pleasure of the Town Board unless otherwise provided for, and BE IT FURTHER RESOLVED: That the compensation for the position be fixed. at $6890. 00 per year payable bi-weekly, . said appointment to be effective as of June 20, 1970. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices ' Demarest and Suter. Mooed by Justice Demarest; seconded by Councilman Valentine; WHEREAS, Southold Town Planning Board has prepared an official geport and recommendation and the County Planning Board has been notified -and has no objection to the application of William Pollert and Adrian VanPiper for a change of zone from "A" Residential and Agricultural District to. "M" Multiple Residence District on Parcel 1 and from "B" Business . District to "M" Multiple Residence District on Parcel 2, NOW, THEREFORE, BE IT RESOLVED: That a public hearing will be held- by Southold Town Board at the Supervisor 's Office, 16 South Street, Greenport, N.Y. on June 30, 1970 at 7 :30 P.M. on the above mentioned 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 L.I. Traveler-Mattituck Watchman pursuant to the requirements of law. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. 205 Moved by Justice Demarest; seconded by Councilman Valentine; WHEREAS, a petition was received from Gus Schad, New York, requesting a change of zone of certain property described in said petition ds )1E .11ows : Parcel A - From "A" Residential and Agricultural District to "M" Multiple Residence District Parcel B - From "A" Residential and Agricultural District to "B-1" Business District Parcel C - From "A" Res. & Agric, District to "B-2" Business District Parcel D - From "A" Res. & Agric. District to "B-2" 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 application to the Planning Board in accordance with Section 901, Subdivision C of Article IX of the Building Zone Ordinance of the Town of Southold. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Justice Demarest; RESOLVED: That Supervisor Albert Martocchia be and he hereby is authorized to hire Parking Beach Attendants for our Town Beaches. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. Moved by Justice Suter; seconded by Justice Demarest; RESOLVED: That General Bills in the amount of $17 , 721. 68; Lighting District Bills in the amount of $4, 232. 72; Highway Bills in the amount of $14, 620. 72 and Fishers Island Ferry District Bills in the amount of $13, 618. 23 be and they hereby are ordered paid. Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine; Justices Demarest and Suter. The following people appeared before the Board: John Rapp spoke on the traffic on Youngs Avenue Mrs. Rosenberg spoke about speed on Oaklawn Avenue and the traffic problem at Bohack' s in both Southold and Mattituck. Mr. Tenapre mentioned that the barricade at Nassau Point had been broken. Mr. Waymie thanked the Board for holding a night meeting. Mrs. Rosenberg presented the Board members with a copy of League of Women Voters Proposed Development Plan. Ted Charnoux of Bay View Avenue, Mattituck, thanked the Board for the barricade placed at the end of that street. The Cutchogue-New Suffolk Park Commissioners discussed the parking lot at New Suffolk. A petition was received from the Horton Point area requesting NO TRESPASSING signs and patrol of the Horton Point area. A petition of 551 names was received for more Launching Ramps in the Town from the people in the Peconic Area. Moved by- Councilman Valentine; seconded by Justice Demarest; RESOLVED: That the Town Clerk be and he hereby is directed to request the .L.I.L. Company to install the following lights : Vote of Town Board: Ayes- Adjournment., - Albert W. Richmond; Town Clerk