HomeMy WebLinkAboutTB-07/02/1968 MEETING OF JULY 2, 1968.
The Southold Town Board met at the office of the Supervisor, Lester M.
Albertson, at Greenport, N.Y. on July 2,1 1968 with the following present:
Supervisor Albertson; Councilmen Demarest and Valentine; Justices Clark
and Suter; Town Attorney masker; Superintendent of Highways Dean and Town
.Clerk Richmond,
Moved by Councilman Valentine; seconded by Justice Suter;
RESOLVED: That the minutes of June 11, 1968 and the Special Meeting of
June 18, 1968 be and they are hereby approved.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; .Justices Clark and Suter.
Moved by Justice Clark; seconded by Councilman Valentine;
RESOLVED: That the next meeting of the Town Board will be held. at the
office of Supervisor Lester M. Albertson, 16 South Street, Gr'eenport,
New York, on Tuesday, July 16, 1968, ' at -3 :.00 P'.M. '
Vote of Town Board': .Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; Justices Clark and Suter..
Moved by Justice Clark; seconded by Justice Suter;
RESOLVED: That the reports of Supervisor Albertson, Building Inspector
Terry, Justice Suter and Town Clerk "Richmond for the month of June, 1968,
be accepted by the Town Board and placed on file.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; Justices Clark and Suter.
Moved-by- Justice Suter; seconded by Councilman Valentine;
RESOLVED: That William Januick, Cut'chogue, N.Y. be and he hereby is
appointed Bay Constable for the Town of Southold, New York, for a probat-
ionary period of one year following the date the appointment' became effect-
ive, and be it further - . '
RESOLVED: That ' William Januick will serve in the capacity of Bay Constable
of the Town of Southold at the pleasure of the Town Board unless otherwise
provided for by law, and be it further
RESOLVED: That the compensation be $6200.00 per year, payable bi-weekly
and that the appointment take effect as of. July 2, 1968.
Vote of Town Board: Ayes.-Supervisor A&rtson; Councilmen Demarest and
Valentine; Justices Clark and Suter.
Moved by Councilman Valentine seconded by Justice Suter;
RESOLVED:, .That Supervisor Lester M. Albertson be and he hereby is author-
ized and, cirected to advertise for' bids for proposals to furnish to the
Town of Southold not more than six (6) new Police Cars.
Vote of. Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; Justices Clark and Suter.
Moved by Justice Clark; seconded by Justice Suter;
WHEREAS, this Board did heretofore create two employee negotiation units
in the .Town of South:old .pursuant to the provisions -of Article 14 of the
Civil Service Law, one unit being the "police unit" to include all uni-
formed policemen , in the Southold Town Police Department and the other
unit being the "general unit" to include all other town employees except
those deemed to be `management, and
WHEREAS, two. em�loyee organizations evidenced a desire to be recognized
as the negotiating representative in the "police unit" being the Southold
Town Police Benevolent Association, Inc. and the Southold Town Unit of
the Suffolk Chapter of the Civil Service Employees Association, and
WHEREAS, the Southold Town Unit of the Suffolk ,Chapter of the Civil Service
Employees Association filed a .petition fro certification and decertification
with the New York State Public Employees Relations Board dated June 14,
1968 claiming that the appropriate negotiating unit should be one unit
embracing all town employees, and
WHEREAS, the Public Employees Relations Board held a conference with res-
pect to said petition at the Supervisor ' s Office on June 28, 1968, at
which time representatives of the Southold Town Unit of the Suffolk Chapter
of the Civil Service Employees Ass6ciat)ion, Southold Town Police Benevolent
Association, Inc. and the "Town 'Board were present and as a result 'of said
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conference a consent agreement was agreed to and entered, into by all of
the parties at said conference, a copy' of which is hereunto annexed and
made a part hereof, whereby all parties mutually agree that there shall
be two units in the Town of Southold,., namely, a "police unit" to include
all uniformed employees of the Southold Town Police ' Departmerit .includ-
ing patrolmen, sergeants and lieutenantsand excluding the Chief' of Police
and all other employees, and a "general unit" ro include all other town
employees and ;that an election be held by the Public Employees Relations
Board on July 12, 1968 to determine the employee organization to repre-
sent the employees in the "police unit" , and `
WHEREAS, this Board by resolution dated June 11, 1968, .provided .for
the procedures for an election of persons in the "police unit" to
determine the employees oeganization to represent them and in view of
the foregoing, -the .election to be held by ,the Town 'Board if no longer
necessary, .
NOW, THEREFORE, BE IT- RESOLVED.-AS 'FOLLOWS : r
1. That the resolution of this Board adopted June 'll, 196`8 pr6viding
for an election of the employees of the -"police unit" is hereby .rescinded.
2. That this Board does hereby ratify and confirm the execution on be-
half of this Board of the annexed consent agreement by the. Supervisor.
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS BOARD
— — — — — — — — — — — - — — — — — — — — —
In The Matter of
SOUTHOLD TOWN
and
SOUTHOLD TOWN UNIT, SUFFOLK COUNTY CHAPTER Case No. C-0271
CIVIL SERVICE EMPLOYEES ASSOCIATION, INC:
and
SOUTHOLD TOWN
POLICE BENEVOLENT ASSOCIATION, INC.
CONSENT AGREEMENT
Pursuant too a Petition duly filed under Section 207 of the Public
Employees ' Fair Employment Act (herein .called the Act) and pertinent.
Sections of the Rules of 'P-r_-ocedure of the Public Employment Relations
Board (herein called the Board) , and subject to the Approval 'of the
Director of Representation of the Board (herein called the Director) ,
the undersigned parties hereby AGREE AS FOLLOWS : .
.. l. ..The _employee organization, or each employee organization,
is an "organization" as that term is defined in Section .201 (6) of the Act.
. 2. A question has arisen concerning the representation for pur-
poses of collective negotiations 'of the employees of the undersigned
Employer within the unit or units defined in paragraph "3" , below.
3 . The unit or units appropriate for the purposes of collective
negotiations are.
Included. All uniformed members of the Southold Town`
Police Department, .including patrolmen;, sergeants,
Lieutenant.
Excluded. .Chief of Police and all other employees
4. If an 'employee organization is certified, it shall be cert-
ified as an "exclusive" negotiating agent.
' to
5. Unless the employee organization(s) -who is (are) 'a part IN►E
to this a submits to the Director .of Represent i hin ((gy�p
seven. (7) days from the date of reement dues deduction a �k.A
. authorizations and other evi su to satisfy the require-
ments of Sectio h) (1) of the Rules of .Proce ccrtific-
at ' out an election, an election will be held as follows:A. SECRET BALLOT. An election by secret ballot shall' be 'held
under the supervision of the Director, among the employees, of the under-
signed Employer in the unit defined in _paragraph "3". above, .to `determine
whether or not such -employees desire to be represented for . the .purpose
of collective negotiations by .(one of) the undersigned employee organ-
ization (s) . The .ele.ction shall be conducted-at a time and place to be
fixed by the Director or his agent, and in accordance trith `the procedures
and policies of the Board.
PERB 9 (11-67)
B. ELIGIBLE VOTERS. The eligible voters shall be those employees 7-
included within the unit described in paragraph, "3" above, who. were. in
the employ of the Employef one June 211 1968,. and who. are so 'employed on the
date of the election, including employees who did not work during said
period 'becaus(Bi .they were ill, �Ph, vacation or temporarily. laid off and . em-
ployees 'in ' the military services of- the United States who appear in person
at the polls. At least five 0) days prior to .the election, ' the Employer
will furnish to t'he Director 'an accurate list of�tall the eligible voters
and .such other records as may be necessary to the proper conduct of the
election.
C. NOTICE OF ELECTION. At least twenty-four hours before the election,
the Employer will post in a conspicuous place in his permises copies of
the Board's Notice 'of Election.
D. OBSERVERS . Each party hereto will be allowed to ,station an equal
number of authorized observers, to be approved` beforehand by the Director
or` his agent, at the polling places during the election to assist in its
conduct, to challenge the eligibility of voters, and to witness and certify
the count.
E. TALLY OF BALLOTS. As soon after the election as feasible, %the-
votes shall be counted and tabulated by the Director or his agent. Upon the
conclusion of the counting, the Director or his agent shall furnish a
Tally of Ballots to each ,of the parties. When appropriate, the Director
shall issue to the parties a certification of representative or of results
of the election, as maybe indicated. '
F. OBJECTIQCS, CHALLENGES,--REPORTS THEREON. Objections to the
conduct of the election or conduct affecting the results of the election,
or challenges of the eligibility of voters, and all other questions
arising out of the election, shall be determined by the Board in accord-
ance with the Act and Rules of Procedure.
G. RUN-OFF PROCEDURE. -In the event more than one employee. organ.iz-
ation`is signatory to this agreement, -and in the event that no choice on
the ballot receives a majority of the valid ballots -cast, the Director
shall'-proceed'-in accordance with the Board`s' Rules of Procedure.
H. WORDING ON THE BALLOT. Where only one employee organization is
signatory to this agreement, the name of the organization shall appear
on the ballot and the choice shall be "yes" or "No" . In the event more than
one- employee- organization is- signatory to this agreement, the choices on
the ballot will appear Iin the wordin"indicated below and in the order
enumerated below, reading from Ieft to ' right on the ballot, or if the
occasion demands, from top to bottom.
First ' C.S .E.A. `.
Second Neither
Third P.B.A..
IN WITNESS WHEREOFi the par ties ' hereto have caused this agreement
to be duly executed this 28 day of June,"- 1968.
C.S .E.A. ', Inc:
SOUTHOLD TOWN Southold Town Unit, • Suffolk Co:Chapte--
(Public Employer) (Employee Organization)
By Town Supervisor. Lester M. Albertson -Edwin Ja Cleary-, Field Represent-
(Name' & .Title) (Name & Title) ative .
Recommended. President
Cole H. Pilche' r By James J. Fitzpatrick 6-28-68
(Board Agent) '(Name & Title) date
Moved by Justice Suter; seconded by Councilman Demarest;. -
RESOLVED: That 'the Town 'Clerk be and he hereby is directed to request the
Long Island Lighting Company to install the following lights :
Cutch6gue-100 cp street lights on Oregon Road s,� sT`n,Q :-. -Depot Lane
on NYTCO Poles #172 and 174.
New Suffolk- 100 cp street light- Bunny Lane and Kouros Rd. LILCO pole #4
100 cp " Kouros' 'Rd.-New Suff: Ave, LILCO pole #14
100 c9 New,Suff. Ave.-Grathwohol Rd.=NYTCO #'21.
Mattitutk- 100 cp ., CR 27A opposite Shirley Rd.-LILCO pole #19
MOVE MV light from NYTCO pole #38' 'to LILCO 'pole '#39 on,
we"s tpha l ia, Road
Vote of 'Town Board: Ayes.-Supervisor Albertson; Councilmen Demarest and.
Valentine; Justices Clark and Suter.
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Moved by Justice Suter; seconded by Councilman Valentine;
RESOLVED: That 'Ftank S. Dawson of 'New Suffolk, N.Y. be and he hereby is
appointed, subject to the writt'en ,approval of .the District Superintendent
of Schools, Attendance Officer throughout the Town except such schools
as are otherwise provided for by Section 3212``of the EducationLaw, and
BE IT FURTHER. RESOLVED: That such Attendance-: Officer shall be removable
at the pleasu.re 'of the District Superintendent of Schools, and be it further
RESOLVED: That the compensation of such Attendance Officer be fixed at
$1200.00 per year payable in regular monthly installments, he to pay his
town expenses, and be it further
RESOLVED: That the Town Clerk be and he hereby "is instructed to notify
Frank S. Dawson and the District Superintendent of Schools of the appoint-
ment.
Vote of Town Board: Ayes-Supervisor Albertson.; Councilmen Demarest and
Valentine; Justices Clark and Suter.
Moved by Councilman Demarest; seconded by Councilman Valentine;
WHEREAS, George Menegus,, residing at. Douglas Road., Orient, N.Y. applied
to the Town Board for permission to lay and maintain a well point and water
pipe on Town property at Douglas Road, Orient, N.Y. ,
,
NOW, THEREFORE,, BE IT RESOLVED: That Raymond Dean, Superintendent of, High
ways, be and he hereby is authorized to issue a permit to George Menegus
said permit to be drawn by Attorney Tasker.
Vote of Town Board: Ayes-Supervisor, ALbertson; Councilmen Demarest and
Valentine; Justices Clark and Suter.
Moved by Justice Suter; seconded by Justice Clark;
RESOLVED: That Supervisor Lester M. .Albertson be and he hereby is author- -
ized- to .purchase for the. Town of Southold, N.Y. .a strip of land on the east
side of -Griffin-Avenue, Cutchogue, N.Y. for the correction of a sidewalk,
the sum not to exceed $500.00.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest. and
Valentine; , Justices. Clark. and Suter.
Moved by Justice Clark; seconded by Councilman Demarest;
WHEREAS,. -Theodore B. Howard, a,.police. sergeant in the Southold Town, Police
Department, . has preferred wr,ittenr.charges. against Frederick Rackett, a
radio operator in the Southold Town Police Department, which said written
charges were filed with the Town Board on July- 2, 1968,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hold a public. hearing
and trial on the question of said charges and if. found guilty thereof on
the question of punishment of the said Frederick Rackett 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, by .suspension:
from duty for a specified time not exceeding twenty days and withholding
of: salary or compensation during such suspension, or by dismissal from
the department; on the 17th day of July, 1968 at 9:30 A.M. o'clock at the
Supervisor' s Office, 16 South Street, Greenport, New York; and
IT IS FURTHER RESOLVED, THAT THE Southold Town Supervisor be and he hereby
is- authorized and directed to cause a written notice of such .hearirig and
trial together with a copy of the charges preferred annexed thereto to be
served upon the said Frederick Rackett by registered mail, return receipt;
requested, not. later . than July ,5, 1968; that the said Frederick Rackett
shall be given five days after the receipt of said notice within which
to make and file an answer in writing to said charges with the Supervisor
at his office at 16 South Street, Greenport, New York; tlat the said
Frederick Rackett shall have the right to be represented. by, couns,el at said
hearing and. trial and- shall have the right to summon witnesses in..his. .
behalf.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; Justices Clark and Suter. ,
Moved. by Councilman Va_lentine.; _ seconded by Councilman Demarest;
WHEREAS.,. Loca_1 Law #k2. of the Year 1964 provided for: the establishment of a
Police Department of the Town of Southold, and
WHEREAS, ,Section 6 of-said Local Law provides .that no member of the police
department shall be fined, reprimanded, removed or. dismissed until written
charges -shall b)ave been. examined, . heard and investigated in such .manner or
such procedure, practice, examination and investigation as the town boar7
by rules and regulations may prescribe, and
WHEREAS, the town board desires to prescribe such rules and regulations,
NOW, .- THEREFORE, BE IT RESOLVED: That the following rules and 'regul6tions
,are hereby adopted for the examination, hearing, investigation and deter-
mination of charges made or preferred against any ,member of the police
department of ,the Town of Southold, to wit:
1. A--person against whom charges are made .shall be furnished a
written ' dopy of the charges and - shall be allowed at least five days for
answering the same in writing.
2. - The person against whom charges are made shall have the right
to a publ'ichearsng and trial and 'to be represented by 'counsel and to
summon witnesses in his behalf.
3. The hearing and trial upon such charges shall be held by the
Chief of Police when authorized by the Town Board. In the event that the
Chief of Police shall prefer •such' charges, the hearing and ,trial upon
such charges shall be held by the Town Board or a member or members
thereof designated by the Town Board.
4. In case the hearing and trial` is held by .the Chief of Police or
a member or members of the Town Board, such persons shall, for the purpose
- . of such hearing' and trial be vested with all the powers -of the Town Board
and shall make a record of such hearing and trial which shall, with `his
recommendationp, be referred to - the Town Board for 'review .and decision.
5. Witnesses upon the hearing and trial of such charges shall testify
under oath.
6. Pending the hearing of such charges, the ' Chief of ,Police may
recommend to the Town Board that such person be suspended without pay by
the Town Board.
7. The Chief of Police shall have the authority to relieve any
member of the Department from duty when he determines that such action is
necessary for the good and-welfare of such memeber, or that such action
is necessary for the good order; effeciency, and proper conduct of the
business of the Police Department, Town of Southold. Such relief from
duty shall not constitute a disciplinary action and shall not be construed
as a suspension and there shall be no loss of pay resulting therefrom.
Effective as of August 1, 1968.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; Justice Clark. Noe:- Justice Suter.
Moved by Justice Suter; seconded by Councilman Demarest;
WHEREAS, John J. Klein, Sr. , has applied to the Town Board for a single
trailer renewal permit,
NOW, THEREFORE, BE IT RESOLVED: That the application of John J. Klein, Sr.
to locate a single trailer on his property on Main Road, Mattituck, N.Y.
be and hereby is granted for a six month period.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; Justices Clark and Suter.
The Public Hearing on the application of Alfred Jahn for permission to
establish Camp Cottages at East Marion, N.Y. was opened by Supervisor
Albertson at 3 :00 P.M. Mr. Albertson read the call of the hearing and then
called upon any person present who wished to speak either for or against
the said application. The minutes of this hearing are recorded by Mrs.
Edna Angell.
Moved by Councilman Valentine; seconded by Councilman Demarest;
WHEREAS, an application was made to the Southold Town Board dated June 13,
1968, by Alfred Jahn for permission to establish and operate Camp Cottages
on hTs present property in East Manion, N.Y. and
WHEREAS, it is required by the Southold Town Ordinance providing for the
regulation of ' Camp Cottages that a public hearing beheld on the matter, and
WHEREAS, a public hearing was held at the Supervisor 's Office, Greenport,
N.Y. on Tuesday, July 2, 1968, at 3 :00 P.M. and all persons attending such
public hearing were given ample opportunity to speak in favor of or in
opposition to, the Hearing was duly closed at 3 :30 P.M. ,
NOW, THEREFORE, BE IT RESOLVED: That the Town Board does hereby grant per-
mission to Alfred Jahn to operate Gamp Cottages in accordance with the
application, and map presented. U
Vote of Town Board: Ayes_ Supervisor A bertson; Councilmen Demarest and
Valentine; Justices Clark and Suter.
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Moved by Justice Suter; seconded .by 'Councilman .Demarest;
MtREAS, Southold Planning .Board has prepared an, official report and. rec-
ommended upon the petitions of John Geier, .North Road, Greenport, New York,
for a change of zone from ''A" Residential and Agricultural District to "M"
Multiple Residence District and Oak Grove Realty Corporation, Greenport,
New York for a change of zone from "A" residential and Agricultural Dist-
rict to "B" Business District on certain property in Greenport, 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, onTuesday, July 30, 1968, at 7 :30 P.M. on the above
mentioned petitions and that the Town Clerk be and he hereby is authorized
and directed to cause notice of said hearing to be published in the
Suffolk Weekly Times pursuant to the requirements of law.
Vote of Town Board: Ayes-Supervisor. Albertson; . Councilmen Demarest and
Valentine; Justices Clark and Suter. - ' ,
Moved by Justice Clark; seconded by Justice Suter;
RESOLVED: That the Superintendent of Highways of the Town of Southold be
authorized to advertise for bids and 'to purchase from the lowest responsible
bidder, the following:
15- Code ##31894 .Grating, .Frame and Curb Inlet Casting - 6" ht. with.
4" opening - 22" x 35 "overall grating.
6- Code #15805 Circular Frame & Grate.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; Justices Clark andNSuter.
Adjournment. ..,
Albert W. Richmond
Town Clerk
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