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HomeMy WebLinkAboutTB-01/10/1978/'42 SOUTHOLD TOWN BOARD January 10, 1978 A regular meeting of the South01d T~wn Board was held on Tuesday~ January 10, 1978 at the Town Hall, Main Road, Southold, New York. Supervisor Martocchia opened bhe meeting at 3:00 P.M. with the following present: Supervisor Albert M. Martocchia Justice Martin Suter Councilman James Homan Councilman Henry'W. Drum Councilman William R. PelI III Town Attorney Robert W. Tasker Town Clerk Judith T. Terry Absent: Justice Francis T. Doyen SUpervisor Martocchia stated the minutes of the January 3rd meeting are not ready yet, due to the continuation of the ~eeting on January 6th. Moved by Justice Suter, seconded by Councilman Homan, 'it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, January 24, 1978 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Pell Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that the December 1977 reports of the Dog Wardens, Justice Surer, Town Trustees, Police Department and Town Clerk be and hereby are ordered placed on file. Vote-of the Town Board: Ayes: Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia'. Absent: Justice Doyen Councilman Pell: not voting. Mr. Pell stated he abstained on the above vote because he had not seen nor read the above reports. This resolution was declared duly adopted. On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that the Annual 1977 reports of the ighway Department, Justice Suter, Justice Demarest, Town Clerk, ~own Trustees, Building Department be and hereby are ordered placed on file. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drumr Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is authorized to negotiate a lease with Richard Lark for the parking lot in the rear of the Justice Court in Cutchogue. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum , Councilman Homart, Justice Suter, Supervisor Martocchiao Absent: Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia: 1. A supplemental report has been received from the Building Department to the Annual Report al~dy filed, in which former Building Inspector Howard Terry gives the compensatory time, sick ti e and vacation time in that department; he thanks the Board for appointing him over the years as Building Inspector. Mr. Terry gives a resume of the increase of business over the years, stating in 1957 there were 155 permits and in 1977 557. He comments about replacing the building inspector's car, asks the Board to give consideration to the aluminum wiring law and wishes the Town Board well in the future. ~ 2. Receipt of a letter from Austin H. Emery, Regional Director of the New York State Department of Transportation acknowledging receipt of the Town's proposal to the State of New York for the snow and ice removal. Mr. Emery states that if the Town wishes to s~gn a lett~er of intent, the snow and ice service would become effective the date the agreement was signed by the Town. However, the Board cafinOt accept this, as it takes s~x weeks to process the agreement and the State ~f New York may not accept the Town's terms. 3. Otem 9 on the agenda refers to land fill permit for the disposal area issued by the Suffolk County Department off. Health Services through the New York State Department of Environmental Conservation. The matter has been referred to Highway Superintendent Dean. 4. Receipt of a letter frmm the Suffolk County Department of Public Works relative to the traffic signal at the i tersection of County Route 27 and Wickham Avenue, Mattituck. The light is being presently serviced by L. Comstock, and when the town receives notification that Comstock is no longer servicing the light, the Town will assume service of the light. 5. A report has been received from the Southold Town Planning Board listing the outstanding cases on ha~d as of December 31, 1977. 6. Receipt of a letter from Eleanor L. Jansch, Orient, inquiring as to why her tac bill was so late. Supervisor Martocchia called Mr. Jansch relative to her probeem. 7. Copy of a letter from the Town Clerk reporting that Dorothy Sledjeski, Mattituck, slipped on ice in one of the Town parking lots, and wished the matter put on record. 8. Letter from Peter F. Cohalan, Supervisor of the Town of Islip, a member of the Board of Directors of the Metropolitan Regional Council, inditing Supervisor Martocchia to jo~n the council. This organization consists of elected officials in the Connecticut- New Jersey-New York area. The annual dues is $100.00 for each membe~ who serves on the Council. The Board will discuss the matte~ further. 9. The Finance Committee and ~nsurance representative m~t today relative to the problems the Town is having for insurance o0verage for the Polic~ Department. Many a~enues are being eXPlored for this coverage, without success at the present time. Since December 1, 1977 the Police Department has not been covered by insurance, and they have been advised of ~he situation. They have been asked to use extreme caution in any future arrests.---There was discussion between the Finance Committee and the insurance agent rel~tive to the umbrella policy .... The present Umbrella polic~ is being continued through January 31st-while other avenues are being investigated. However, the umbrella policy does not cover the Police Department. Almost every toW~ and city is having the same problem with insuring their police departments. 10. Receipt of a letter from the Pebble Beach Farms Lot Owners Association, i~c. asking ~the Supervisor if he would care to write a short article for the next issue of their newsletter. The matter will be taken under consideration. ll. A letter ~s been received from William Schriever, which was distributed to all of the Board members at the January 3~d meeting for s~udy. Most of the items in the letter are Planning Board matters and Mr.~ Schriever should go to the Planning Board. On the matter of the sump,Town's%Attorney has studied that matter.---Mr. Schriever explained that a sump was built on Town property and then~the Town must~have traded properties, and in fact gave away half of the sump.---Town Attorney Tasker stated they moved the area of the sump by changing the location of the area that was conveyed to the Town.~ This was done when Kenneth Tabor was the owner of the property, and it was done to facilitate his development of his property. At that time it was agreeable to Leave the h91e the way it was and he would take care of that.--- Mr. Schriever stated he bought from Lenser, who had bought from Kenneth Tabor. But he didn't know ~hen he bough~ it that the sump wasn't where it was suppcs~fl to be, and ~t wasn~t until he was laying things out he discovered that the sump was built on the property that originally was supposed to be conveyed. It appears that between 1868 and 1969 the Town took title to it? And changed the title?---Town Attorney Tasker stated yes to both questions. Mr. Sch~iever stated apparently the sump must have been built on the first vonveyance.---According to Mr. Dean, Mr. Tasker stated the a~reeme~t was, that as far as Mr. Tabor was concerned, the hole in the ground on the portion of the property that is now Mr. Sehriever's, iit.was all right to leave i't that way.--~Mr. Schriever asked if he c~uld ~o~er the hole?---Mr. Tasker stated he could as he is the owner o~ the pr.oper~y. 12. Receipt of a letter from Dr. Paul M. Ross relative to an ex~r:cise program he would like to set up throughout the length ~f Southold Town. The Board discussed it again this morning and wil~l be setting up~ a meeting between Dr. Ross, the Parks & Recreation Committee and uur insurance agent. 13. A letter has been received from American Data & Office Products, Inc. Relative to. serving the Town of Southold in just about every phase.of microfilming. The Board has authorized Supervisor Ma~occhia to write to them and invite them to come down and look at the situation and submit a proposal. Some microfiliing work has been done in the past, and the completion of the~pro3ect'was postponed until the completion of this new building. Moved by Councilman Pell, seconded by,Councilman Homan, WHEREAS Burton Potter Post ~ 185, lmerican~Legion, Greenport, ~New York ~as applied to the Town Clerk for a Bingo License, and WHEREAS the Town Board has examined the application, and after investigation, duly made findings and determinations as required by la~, ~ : NOW~.~HEREFORE, BE IT RESOLVED that>the SupervisOr-be and he hereby is-authorized and directed to execute on beheld of the. Town Board of the Town of Southold the findings and determinations as. required by~ !aw, .and it is further - RE~©L.%~ED that the Town Clerk be and she hereby is directed to issue a~Bin~o LiceDse to the Burton PotEer Post ~185, American Legion, G~een~°rt, New York. ~ote qf ~he Town Board: Ayes: Counc'ilman Pell, Councilman Drum, Cou~ei~m~n Homan, Justice Surer, Supervisor Martocchia. Absent; Justide Doyen. · Thist~e~selution was declar~ duly adopted; On motion of Justice Suter, seconded by Councilman Pell, it was RESOLVED..that the Town Board of the Town of Southold will hold a p~blic !hearing at the Southold Town Hall, M~in:~ t{oad, Southotd, New ~ork -~n ~he 7th day of February, 1978 at 7:30 P.M., at which time a~d p~alce .all intereSted persons will be given.an opportUnity to be the followzng matter: A Local La~v mn Relatzon o heard Upon ' ' " ~' ' t E'i ect~ica 1 .... " ' s Inspectxons and the Use of Alumznum Wmre , whmch read as follows: The Code 'of the Town of $outkold is hereby amended ay adding a new Chapter thereBo, to be Chapter 43, to read as follows: Section, 43-1. ADMINISTRATION. This Local Law shall be administered and cOnduCted under the supervisi¢~ of the Building Department of the TOwh 6fl Southold. The Town's Building Inspectors~ however, shall at no ~ime be required to.conduct electrical inspections nor perform any of the duties hereinafter assigned to electrical inspectors. Section 43-2. EAECTRICAL INSPECTOR. The Chief Inspector and each of the duly appointed inspectors of the New York Board of Fire Underwriters are hereby designated as Electrical Inspectors of the Town of Southold and are authorized and deputized as agents of the Town of Southold to make inspections and reinspections of all electrical installations heretofore and hereafter described, ~nd to approve or disapprove, the same. In no event, however, will the cost or expense of such inspections and relnspections be a charge a~ainst the Town of Southold. Section 43-3. DUTIES OF THE ELECTRICAL INSPECTOR~ It shall he the duty of the electrical Inspector to report in writing to the Building Inspectors whose duty it~shall be to enforce all provisions of this Local Law, all violations, or deviations from, or omissions of the of the electrical provisions of the Building Code applicable to the Town of Southold and of all local laws, ordinances, ~nd the Building Code as referred to in this Local Law insofar as any of the same apply to electrical wiring. The inspector shall.make inspections and reinspections of electrical installations in and on properties in theTown of Southold upon the written request of a building inspector of the Town of Southold ore.as herein provided. The inspector is authorized to make inspections and reinspections leading to the issuance of certificate of compl&ance of the New York' Board of Fire Underwriters of electrical wiring, installations, dev lc-es, appliances and equipment, ~n or on properties within,the Town of Southold hwere a building permit has be~n issued by the Building Department of the Town of Southold or where a property owner or electrical contractor requests such an inspection. Applications for such inspections are to be made directly to the New York Board of Fire Underwriters~ In addition., application for a temporary certificate must be made directly to the New York B0ard of Fire Underwriters wherever there.is a change in electrical service. In the event of an emergency it is the duty of the inspector to make electrical inspections upon the oral request of an official or offider of the Town of Southold. It shall be the duty of the inspector to furnish written reports to the proper officiais of the Town of Southold and owners and/or lessees or property where defective electrical installation and equip~ ment are found upon inspection. He shall authozizs the ~ssugng of a certificate of compliance when electircal installations and equipment are in conformity with this Local Law. He shalldirect that a copy of the certificate of compliance be sent to ~he Town of Southold tO the attention of the Buildinq Inspedtor. No certificate of occupancy~- ma~ ~e~issued by the Building Department until receipt of' a copy' of said certificate of ~ompliance has been received. Section 43-4 MATERIAL RESTRICTIONS (a) The use of aluminum wire or wire utilizing aluminum in combination w~th other materials where the principal metallic compenent of such wire is aluminum, e.g. nickel clad, copper clad, etc. American wire gauge No. 4, and smaller'~is prohibited in any building and/or residence hereafter constructed within the Town of Southold. This restriction shall include alterations to existing buildings and residences and replacemen~ or repair of existing electrical service. (b) Aluminum wire 6r wire uthilizing aluminum tn combination with other materials where the prinicpal metallic component of such wire is aluminum, e.g., nickel clad, copper clad, etc. American wire gauge No. 2 and larger, may be used in buildings and/or residences only when termira tion and splicing of such~wire is by UL approved compression connectors. Section 43-5.. PENALTIES. Any person who violates any proviSiOn of this Local Law shall be guilty of a violation-and shall upon conviction, be subj~ect to a fine of not more than two hundred fifty ($2502) dollars, or by imprisonment f~r not more than fifteen(15) days, or both b~ such fine and imprisonment for each offense. Section 43-6. VALIDITY. Should any section or provision of this Local Law be decided by the courts to be.unconstitutional or invalid such dec~sion shall not affect the validity of the Local Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 43-7 Effective Date. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Cup, visor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On'motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Soathold Town Halln Main Road, Southold, New York on the 7th day of February, 1978 at 8:00 P.M. at which time and p~ace all interested persons will be given an opportunity to be he~rdl upon the following matter: "A Local Law to Amend Chapter 100 (;Z~i~g) of the Code of the Town of Southold in Relation to Self- Se~rvi~ie Gasoline Service Stations," which reads as follows: Be! it enacted by the Town Board of the Town of Southold as follows: I: iS!ection 100-13B of Article I of Chapter 100 of the Code of the To~ ?f Southold is hereby amend3d by adding a new paragraph thereto a!~iI ~fi~'i0~s: P~RTIAL SELF-SERVICE GASOLINE SERVICE STATION-A 9asoline service s~a~on primarily for the servicin9 of motor vehicles and the ~s,~e~sing of 9asoline by means of a qualified attendant controlling an a~proved console regulating the flow of gasoline into fixed and pensing equipment thereafter~to be operated by the c one (1) set of pumps on one (1) pump island and by a ql ~i~d attendant operating disPensing equipment at all other stands. :I~ ~ion 100-70B of Article'VII of the Code of the Town of ~Si id-liS hereby amended by renumbering paragraph (5) to (6~, and by adding a new paragraph (5), to read as r~ial self-Seruice gasoline service stations, subject to all le provisiom of Section 100-70B (4), and the following requirements: h gasoline partial self-s~rvice facility shall have a attendant on duty whenever the statioh is open for It shall~-be the duty of the qualified attendant to and operate~bot~ the console regulating the flow of into the dispensing ~quipment ~h~reafter to be operated ~stomer at the self-service pump island and the dispensing the other pump islands. shall at no time be dispensed without the direct .on of the qualified attendant. A control shall be provided tl shut off the flow of gasoline to ~h~ dispensing q~i~ment self-service pump island whenever the qualified attendant ~ent from the control ~onsole for any reason whatever, including is operating the dispensing equipment on the other pump ~ (c) The console regulating the flow of gasoline to the J~O~9 dispensing equipmen~ thereafter operated by the customer a~!th~ self-service pump island shall be situated in such a manner a'~.i.tb'?give the qualified attendant controlling said console an u~bS~ructed~i,l~ .i ': . view' of the operation of said remote dispensing equipment. (~ ""~he self-service pump island shall have controls on all pumps ~ill permit said pumps to operate only when a dispensing nozzle t~at i~ire~oved from its bracket on the pump and the switch for this ~p ~s manually operated. (e) The self-service pump island shall ~i~r.~tected by an automatic fire protection system in the form on a~la~roved system of dry powder release which w~ll act as an %tO~tic fire extinguisher. (f) No customer shall be permitted ~ d~ense gasoline unless he shall possess a valid motor vehicle 0~eri~r's license. (g) There shall be no latch-open device on any s~f~ervice dispensing nozzle. I~i :!~is local law shall take effect immediately. V~te of the Town Board: Ayes: Councilman Pell, Councilman Drum, CD~ncilman ~oman Justice Cuter, Supervisor Makt~cchia. Absent: JD~i~e Doyen. T~iS ~esolution was declared duly adopted. Mr. Schriever spoke to the Board about his letter, containing~ three items, two pertaining to roads and one about the sump. He presumed the sump item was solved, however, on the roads~is it the position of the Town Board that it is a decision of the Planning Board?---Supervisor Martocchia stated, .yes, submit his plan to ~the Planning Board and work with them, Mr. Schriever also asked whether the proposed._~ocal laws, which have just been.scheduled for hea~ings, will be available to the public-prior to the hearings?7~-Superyisor -Martocchia stated they would be available from the Town.Clerk. My Cryil Lukeman asked who previously did th~ microfi!giqg tf0r the Town?---Supervisor Martocchia,st~ted the~CountY of Suffolk ..... Mr.. Lukeman asked if they could continue to do it?---Superlvsor Martocchia stated a .deposit of be,t~e~n $9,900.00 and -was placed with ,the County for the~.kk to be~done.~ ~h~ County supplied the machinery and a girl was hired by th¢~Town-~.o-dD the work. The job dragged out, so long and some of the equipment was- inferior, the Board decided to halt the work. The Couq~y refunded the $9,000.00 Mrs. William Schri~er started her c~ncern about the police department not being covered by insurance. She asked if the~e is any ~ay of self-insuring the Town.---Supervisor Martocchia stated they are working on that today, .as well a.s Looking to other insurance companies for coverage.---Mr. Schriever asked if it would be possible for the County of Suffolk to set up a self-insurance program for all the towns and villages, including the .County, so the ~isk could be sPread out a little .... Supervisor Martocchia stated they are working on that. A letter was received some time age, but none of the.towns showed any particular interest, as the problems we are experiencing now had not oc~ured and the premiums were not too high.---Supervisor Martocchia further discussed the ihsurance problem~ On motion of Councilman Homan, seconded by Councilman Pell, it ~was RESQLVED that therebeing no further business to come before this Town Board meeting~adjournment be called at 3:30 P.M. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,- Councilman Homan, Justice Suter, Supervisor Martocchia. This resolution was declared,duly adopted. Town Clerk