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HomeMy WebLinkAboutTB-01/24/1978SOUTHOLD TOWN BOARD January 24, 1978 A regular meeting' of the Southold Town Board was held on Tuesday, January 24, 1978 at the Southold Town Hall, Main Road, Southold, New ~o~k. Supervisor Martocchia opened the 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. Pell III Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk Judith T. Terry Absent: Justice Francis T. Doyen On motion of Councilman Pell, seconded by Justice Suter, it was RE~OLV~D that the Southold Town Board minutes of January 3; 1978 ~a~d~January 10, 1978 be and hereby are approved as submitted. ~ote of ~he-Town Board: Ayes: Councilman Pell, Councilman Drum, C~un~i~man Homan; Justice Suter, Supervisor Martocchia. 'Absent: J~stice~Doyen. This resolution was declared duly adoRted. On motion~0f Councilman Homan, seconded by Justice Suter, it was RESOLVED that the~next regular-meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, February 7, 1978 at the Southold Tow~ H~li'~ Main Road, Southold, New York. Void-of the Town Board: Ayes: Councilman Pell, Councilman Drum, councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice-Doyen~ This resolution was declared adopted~ On motion~of Councilman Homan, seconded by Justice Suter, it was RESOLVED that the annual 1977 report of the Supervisor and annual 197~ report of the Town Historian be accepted and placed on file. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared adopted. Supervisor Martocchia: " 1. R-eceipu of a letter from Media Systems Sales~ Inc., a Nashua distributor, who has been awarded the Suffolk County contract for~Xerox and IBM copying equipment an~ supplies. The Supervisor and Town Clerk wilt review the present cost of supplies tO determzne whether there would be~a savings by ordering~ from Media Systems. 2. Letter frbm Mayor Joseph L. -Townsend, Jrt., Viltag~ of Greenport, requesting~ the Southold~Town~ Board to stat~the~r thoughts and~or opiniln either in the-f~rm of~ a letter or a~ resolution in the mat~er of-the Mascony ~erry Company efforts to initiate ferry service between New LondOn, Connecticut and the Village of' Greenpcrt.---The zI28 Board discussed this matter and is sympathetic to the Village's problem, but it is their problem and the Town of Southold should not become involved in what is a ~ocal matter with the Village. 3. Receipt of a bookle5 from the New York State Department of ENvironmental Conservation entitled "New York State and Outer Continental Shelf Development, An Assessment of Impacts," This booklet is available to board members for study. 4. Item 5 d&e on the agenda pertain to insurance problems the Town is presently experiencing. Later in the afternoon the Board will be meeting with an insurance company to discuss these problems; the firm of Alexander and Alexander. Roy Reeve Insurance has submitted a proposal' just~ ~da~-and the Town Attorney presently is studying a plan by the National Sheriff's Association. There will also be discussion held relative to the Town's umbrella policy. 5. Under the new guidelines ~or 1978 whereby the Town will be going to a double entry bookkeeping system, there must be an inventory of general fixed assets. The east end supervisors met last week and directed a letter be sent to the New York State C6mptrotler Arthur Levitt asking for further clarification o~,the new requirements. It is evident that the required procedure~ mandates an expendiutre on the part of Iocal government for a program for which the intent is nOa clearly defined. 6. The Board is corres~ondi~ with_local banks relative to collateral for deposited funds. Most'of the regular deposits are covered by collateral, howeve~ the tax funds f~uctate. The banks are working on a program to cover these funds at the highest amount or deposits in a single period of time. 7. A letter has been received from the Southold Town Planning Board relative to a recommendation to amend the Code. The Board will meet with the Planning Board and Appeals Board to discuss the proposed amendment. 8. Receipt of a letter fr~mAnn Waitz, Community Relatio~,~. Open Door Ministries, enclosing a questionnaire relative_to activity for the youth in our community. The Recreation Committee will_meet with Mrs. Watiz to discuss the matter further. The Town'is p~esently deeply involved in youth recreation and a tremend~ amount of f~nds are spent in this area. 9. A letter has been received from Shepard M. ScheSnberg, Esq. representing Mr. &Mrs. John~Fellinger-ihar., o~ners of a proposed subdivision on Duck Pond.Road~ Mr. &_Mrs. Pellinger'' Ihar propose to donate to the T0~of Southold approximately one acre of land lying in th~ rear ~easterly) portio~ of lots 20 and 2t on their proposed subdivision and~a. 20ft. wide drainage ease- ment running from.the easterly, side of Duck ~ond_~ Road easterl~ to the aforementioned one acre parcel. The Board is requesting Mr. and Mrs. Pellinger-Ihar to have their attorney ~draw up an agree- ment for this land. 10. Receipt of a letter from the Mattituck Gun Clun, Inc., Joe Frohnhoeffer, Presi~snt supporting the concept of an annual controlled bowhunting season in Suffolk-County and, ~n ~articular, Southold Town. The Mattituck Gun ~Club misinterpreted the Town Board's position as being~opposed to this bowhunting season~ The Town Board did not take a position on this matter.--The Supervisor did make some phone calls to the Department of.Environmental Conserva- tion and in turn the DEC called Mr. John Tuthill of Orient who had expressed opposition.---Mr.~ ~ohn Tuthill was present at this time and stated the Orient Gun Club is still in Opposition to the bow- hunting season. 11. Receipt of a letter of appreciation from the Suffolk County Police Department referring to a letter sent by Supe~viso~ Martocchia thanking the Suffolk County P.D. for providing a helicopter for delivering Santa Claus to Grennport on December 18th. The Commissioner, Donald J. ~ilworth, states they are always pleased to hear that members of their group are performing their duties and responsibilities in an efficient, capable and courteous manner. 12. A letter has been received from Peter L. Jones, Vi~e~ President of Long Island Ca~levision, enclosing maps which show areas which the cmmpany is presently studying for expansion. The maps show the areas of Bayview, S0Uthold, Nassau Point, Cutchogue, Capt. Kidd area, Mattituck and the eastern portion of Orient. Mr. Jones is presently out of the area b~t will contact Supervisor Ma'~tocChia upon his return to further discuss the proposal. Councilman PeI1 suggested that the public report to the Supervisor any areas of the Town that are lacking in service or any c~mplaints they might have. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that Deborah Scott, Greenport, New York, be and hereby is appointed by the Southold Town Board to represent the Town. of Southold in ~e CAST program. Vo~ie 'of the Town Board: Ayes: Councilman Pell, Councilman Drum, C~6~UnCilman Homan, Justice Suter-, Supervisor Martoc'chia. Absent; JUstice Doyen. This resolution was declared adopted. Supervisor Martocchia: 13. The Greenport Fire Department has invited the Southold Town Beard to join them in celebrating the Greenport Fire Depart- ment's 133rd Anniversary on February 18, 1978. There will be an i~spection of fireman and firehouse at 12:30 P.M. and a parade at '~'~'~':: 0 ~ M.Notifi~ation 1 ,3 i : has been received from the New York State ~ of Environmental Conservation rel'ative to the application Town of Southold for the addition to the Town Hall. 15. Appli~ation to the Department of the Army, ~Corps of En~iheers by Howard ~ Zehner, Young's Boatyard & Marina, Greenport fo~ permission to bulkhead, fill and maintenance dredge. Objections by February 11, 1978. 16. Application to the Department of the Army, Corps of Engineers by Baldwin L. Humm for permission to bulkhead, dredge an~ ~ill~ at Gull Pond and Fordham Canal, Greenport. Objections by F~bruary 11, 1978. 17. Application to the Department of the Ar~y, Corps gf Engineers by Kimogenor Point Association, New Suffolk for maintenance dr~d~ing at West Creek° Objections by Febraary 1~, 1978.---This ma~ter~ is being referred to the Town Trustees ~o ~nvestlgate. 18~ Application to the Department of the Army, Corps of Engineers by the Department of Public Works, County of Suffolk fO~ permission ~or the Village of Greenport to reconstruct t~he timber rai~l~ad pier at Greenport Harbor. Objections by February 11, 1978. 'ii O~ motion 6f Councilman Drum, seconded by Justice Suter, it was RES~0L~VED that the appl-ication of W. Edgar Worthington dated January 23, 1~~ i?or permission to renew his existing single family trailer D~m~i,-~- located on the south side of Sound Avenue, Mattituck, for ~ mJnths be and hereby is granted. Vq~ of the Town Board: Ayes: Councilman 'Pell, Councilman Drum, C~cilman Homan, Justice Suter, Supervisor Martocchia. Absent: J~tice Doyen. This resolution was declared adopted. O~ motion of Councilman Pell seconded by Justice Suter, it was ~SoLVED that the application of Edmond Bokina dated January 9, 1978 for pe~rmission to renew his existing single family trailer permit on the property of Aldrich Lane Realty, in the rear of storage buildin~ on a r~ght-ofLway off of the north side Main Road, Laurel be and hereby is granted for a period of six months. v~te of the Town Board: Ayes: Councilman Pel'l, Councilman DrUm, Co~gnc~ilman H0man, Justice Suter, Supefrvisor Martocchia. Absent: J~'~tic:~ Doyen. This r~lution was declared adopted. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that John Talbot, Mattituck, New York be and he hereby is appointed to the Southold Town Board of Housing APpeals for a term of three years, effective January 9, 1978 through January 9, 1981. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared adopted.~ (Supervisor Martocchia stated the members of the Board of Housing Appeals are p~id on the basis o~ ~10.00 for each meeting .they attend.) (Supervisor Martocchia stated that a member of theSouthold Town Board of Appeals has submitted his resignation effective February 1, 1978, however ~he Board is not act~ing on the resignation today. If anyone has nay names to submit ~or consideration they shoul~ b~ submitted to the Supervisor or Town Board members pri6r t'o 9:00 A.M. Monday, January 30th.) (Supervisor Martocchia stated that in the spring the~e will be possible vacancies on the Planning Board' and 'Board iof 'Appeals. Anyone interested should submit resumes.) On motion of Cou~ciiman Homan Seconded by Counc£1man Pell, it~was of · of tke Town bf Sout~old RESOLVED that the Superintendent Highways be authorized to advertise for bids for 500,000 gallons of Asphalt Road materials, more or less, a~ ~ be needed, for the repairs of Town Highways. Voteof the T~w~ Board: Ayes~ ~Councilman Pell, Councilman Drum, Councilman Homan, J~stice Suter, Supervisor Martocchia. Absent: Justice Doyen. This res01ution was declared duly adopted. On motion~ of Councilman Homan, seconded by JustiCe Suter, ~ ~Was RESOLVED that the Superintendent of Highways of t~e Town of'Southold be authorized to advertise for bids for 10,000 gallons of Dies'el~ Ruel, more or l~sb asmay be needed, for the Highway Departm%nt and Dispqsal Area. Vote of the Town Board: Ayes: Councilm~n Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared adopted. On motion of Councilman Homan, seconded by Councilman Drum, it w~s RESOLVED~ that the Superintendent of Highways of the Town of. Southold be authorized to adgertise for bids~fbr the delivery of 215~O ~tons, more or less, as may be needed, of.3/8" Bluestone, to be delivered by truck to the Highway Department yard, Peconic, New Yor~, and each truck must havea weight slip. Vote of the Town Board: Ayes: Councilman Pell Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared adopted. On motion of Councilman Homan, seconded by Councilman Pell it was RESOLVED that the Superintendent of Highways of the Town of Southold be authorized to advertise for bids for the following items: 15 - 3' x8' Drainage Rings 10 - 4'6" x 8' Drainage Rings 15 - 3'6" x 8' Drainage Rings -10 - 3'6" x 8' Drainage Rings Vote of the Town Board: Ayes: Councilman P~ll, Councilman Drum, Councilamn Homan, Justice Suter, Supervisor Martocchia. Absent: Justice~Doyen. ~ This resolution was declared adopted. On motion of Councilman Homart, seconded by Justi~ce Suter, it was RESOLVED that the Superintendent of Highways of the Town of $outhold be authorized to advertise for bids for the following tires and tubes: 4 - 23.5/25 - 16 ply tires 4 17.5/25 - 12 ply tires.and tubes 2 16.9/28 - 8 ply tires and tubes 6 - 14.00/24 - tires and tubes 2 - 13.00/28 - 6 ply tires and tubes 4 - 12/4/28 - 6 ply tires and tubes 4 - 12.00/24~- tires and tubes 2 - 12/00/20 - 14 ply tires and tubes 2 - 11._00/15 - 12 ply tires and tubes 5 - 11~/20 2 12 ply tires and tubes (snow) 2 - 11.00/20 - 12 ply ti~es and tubes 2 - 11.00/24 - 14 ply tZres and tubes 24 - 10.00/20 12 ply tires and tubes 12 - 10.00/20 (snow) tires and tubes 14 - 9.00/20 - 12 ply (snow) tires and tubes 4 9.00/20 - 12 ply tZres and tubes 5 8.00/16.5 - 6 ply tires and tubes 6 7.50/20 - 10 ply tires adn tubes 8 - 7.50/16 - i ply tires and tubes 4 7.50/15 - 12 ply tires and tubes 12 - 7.10/15 - 6 ply tires and tubes 4 - 5.50/16 - 4 ply tires and tubes 8 - H78-15 - 4 ply tires Vote of ~the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:. Justice Doyen. This resolution was declared adopted. Justice Sueer reported that he and Oouncilman Drum went to the Mattituck Inlet with the Town Trustees where they had a special meeting in regard to the barges that are parked-there, and alss to the spiles and the Trustees are taking action to correct the situation. Justice Suter also asked that it~,be entered~i~ the,record that the Highway Departments. of the State~,County and Town and the Southold Town!Police Department did a great job in seeing the Town of Southold through the recent snow storm. Every emergency was hendled and they all did all that was required.of them and more. On mation of Councilman Homan, seconded by Justice Suter, it was RESOLVED that a letter of commendation be sent to the Southold Town Highway Department and Southold Town Police Department for the fine job 'they did~during the recent storm~ndhandling every emergency and providing needed services~ and the quick and efficient manner zn which they all did their jobs. Councilman~Pell asked that this resolution be amended to include letters to the New York State Department of Transportation and Suffolk County Departmen~ of,Public Works. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, COuncilman Homan, Justice Surer, Supervisor Martocchia~ Absent: Justice Doyen. This resolution was declared adopted. Mr. Cyril Lukeman, Orient, stated he understands the Town may be having a problem with unemployment insurance for temporary ~obs such as beach attendants and school crossing guards° He suggested that-they might kook into putting these employees-on a contract basis, with individual contracts and/or through a contractor.--- Supervisor Martocchia stated they did look into that, but the bids came in higher that what they are presently being paid.--- Town Attorney Tasker stated that he believes an individual contractrr would be deemed an employee of the tc~wn, which he is now.--- ~ouncilman Homart stated that all IRS rulings wfth p~ple going into individual contracts to get awa~'from this, all come back to the individual as being recognized as an employer-employee relationship. Mrs. Gladys Csajko asked if the truck that was discussed at tke last meeting had been fixed as yet?---Supervisor Martocchia stated that it has not been put to~ether as yet due to the storms.--- Three was a general discussion relative to the ages of various pieces Of Highway Department equipment. On motion of Councilman Homan~ seconded by Justice Suter, it was RESOLVED that a recess be taken at 3:35 P.M., meeting to reconvene at 5:00 P.M. Vote Of the Town Board: Ayes: Councilman Pell Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared adopted. At 4:00 P.M. the Town Board met with reppesentat~ves of Alexander and Alexander, an insurance firm, to discuss police liability insurance and umbrella insurance for the Town of Southold. Alexander and Alexander presented a proposed policy to the ~oard for Law Enforcement Officers Pro~essional Liability with limits of liability up to $1,000,000.00. They also'proposed reviewing the entire Town's insurance program and will subm±t a complete package for their review° ~eeting reconvened at 5:00 P.M./: On motion of Councilman Drum, seconded by Councilman Pell, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is authorized to sign an application for Law Enforcement Officers Professional Liability in the amount of $1,000,000.00. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum~ Councilman Homan,Justice Suter, Supervisor Martocchia~ Absent: Justice Doyen. ~his resolution was declared adopted._ On motion of Councilman Pell, seconded by Councilman Drum, it was RESOLWED that this Town Board meeting recessat 5:35 P.M., ~o reconvene at 9:00 A.M., Monday, January 30, 1978. Vote of the ~own Board: Ayes:~ Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:~ Justice Doyen. This resolution was declared duly adopted. Meeting reconvened at 9:00 A.M., Monday~ January 30, 1978. there were present: Supervisor Martocchia, Justice Martin Suter, Councilman James Homan, Councilman Henry W. Drum, Councilman William R. Pell, III, Town Clerk Judith T. Terry. Absent: Justice Doyen. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that the Chief of Police _be and he hereby ~s authorized to advertise for bids for the purchase'of four new police cars with four old police cars as trade-ins. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Su~e~, Supervisor Martocchia. Absent: ~ustice Doyen. This resolution was declared adopted. On motio~ Of Councilman Dr~m, seconded by Councilman H~man, it was RESOLVED that Supervisor Albert M. M~rtocchia be and he hereby ~ authorized to advertise for bids for the purchase of a3new truck for the Dog Wardens. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum, Councilman Homan, Justice Suker, Supervisor Martocchia. Absent; Justice Doyen. This resolution was declared adopted. :433 On motion of Councilman Drum, seconded by Justice Suter, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is a~uthorized to advertise for bids for the purchase of a four wheel drive vehicle for the Bay Constables. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilm~n Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared adopted. On mQ~ion of Councilman Homan, seconded by Justice Suter, it was RESOLVED that Supervisor Albert M..Martocchia be and he hereby is authorized to advirtise for bids for the sale and removal of the former Southotd Town'Clerk's building located on the north side of Main Road, Southold, including the necessary site restoration work. VOte~Of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared adopted. On a proposed resolution for awarding the bid for the operation of the M/V Olinda, and M/V Mannatauket, Justice Suter asked if it is cheaper this year?---Supervisor Martocchia stated it is.---Councilman Pell asked if we pay the insurance?---Supervisor Martocchia stated we do, but is Ferry DistriCt money. On motion of Justice Suter,. sedonded by Councilman Hmman, it was RESOLVED that the Town Board of the Town of Southold approves the action-of Commissioners of the Fishers Island Ferry District in awardihg the contract for the operation of the motor vessel Olinda and t~s motor vessel M~nnatauket to Alfred S. ~icknell, the only bidder~ The contract amounts are as follows~ Operation Of the motor vessel Olinda for the period June 1 through October 31 at $4,000.00 per month for ~fi~e month period and $80~.00 for each extra trip of the motor vessel 01inda. Operation of the motor vessel Munnatauket - $12,400.00 per m~nth during the period January.15, 1978 through January 4, 1981 inclusive and $t50.00 for each extra ~rip of the motor vessel~ Munnataucketo Vot~ of the Town Board: Ayes: Councilman Pell Councilman Drum, Councilman Homan, Justice Suter, Supervisor Mar.tocchia~ Absen%: Justice .Doyen. This resolution was declared dully .adopted. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of So thold accepts the reSignation of Fred E. Hulse, Jr. as a member of the Southold Town zoning Board of Appeals effective February 1, 1978, a~d be it further RESOLVED that the Town Board extends their thanks~to Mr. Hulse for his.-~10~g years of dedicated service to the Board of ~ppeals. Vo%e of the Town Board: Ayes: Councilman Pell, Councilman Drum Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This ~esolution was declared adopted. At"9:00 A.M. there were available, for the Board's consideration. tweTve resumes from the following individuals interested in the posi%ion of member of the Zoning Board of Appeals: John A. Leden, Greenport Terry R. Tuthill, Mattituck~ Gladys Csajko, Greenport, Frederick H. ~elf, Mattituck, George C. Farr, Mattituck, James Maimone New Suffolk, Anoone Norklun Orient, Vincent W. Annabel, Cutchogue, Caloline P. Mooney, Ma ttituck Lance Eo Larsen, Southold~ CouQcilman Pell asked if any of the names mention by Supervisor Martocchia last week submitted resumes?---Supervisor Martocchia stated they did, Joseph Riemer, Theodore Howard is not interested at this time, Ed Latham is interested in Robert Gillispie's position, as is Robert Douglass, J~an Tiedke will have one in, but not right away, Lamo~e Kalian will have onetbut not right awa~ for this job , none from Pat Eckhart, and he does have one from Jack. Leden, .and James Maimone.---When some of the names he contacted asked what it was about, Supervisor Martocchia stated that within a year or year and a half there will be three of four possibilities, some to do with aue.- John~Wickham',s job is~coming up, Bob Bergen's, that is this spring. Shortly after that there is Bob Gillispie. They are all related to age.---Mr. Pel! asked what Supervisor Martocchia meant by two guys from out east shooting for the one slot from out ~ast, are the appointments on a SQwn wi~e or geographical !ocation?---~ SuperviseP~MartoCchia stated theyOare interested in the position Gillisp~-e holds.---Mr. Pell asked if it is a ge0graphical ~oOation?---~:~ Supervisor Martocchia stated, hO, Open town wide.---Justice Surer stated, for information, that in Mrs. Csajko's last paragraph she states,"there_is not one woman on:any Southold Torn'Board and it is about time one was appointed.", and he would like to point out that the Grievance Board and Conservation A~¥isory Council both have women on them. On motion of Councilman Drum, seconded by Councilman Homan, if'was RESOLVED that James Maimone, New Suffolk, New York be and he hereby is appointed to the Southold Town Zoning Board of Appegls.to fill the~unexpired~te~m of-Fred E. HUlmse, Jr., whose term axpires April 19, 1980. Discussion:. M~. pell stated he ~oes not feel he has hadtime to study the resumes of thsse submitted in such a short period of time. There are twelve resumes ~and he has"not had time to even read them, and evaluate them in ten minutes.-~-Supervisor Martocchia Stated he thinks they all knowWhothey are' talking about. They ali know Joe Eiemer, Gladys Gsajko, Jack Led~n, James Maimone.---Mr. Pell sta~ed he only knows Mr~Grathwohl~byname, he does-ri'or'know Frederick Hell, Mr. Fart, Terry~Tuthill. He would like to compare resumes before appointing someone to reprosent the Town. Mr.~Pell stated ~hat if they are going to appoint someoae to the Board of Appeals it takes time to compare to get the right person for the job. He asked if the Board had set any standards for what they are looking for in years past when'they appoint peopleto these Boards?'~-Supervisor Martocchia stated someone with a head on their shoulders who has a feel for the community. Most people do not h~Ve knowledge of a job when'they go into to, however, if the person has a background in the community, how the community feels about different things~and a reputable citizen, belongs to respectzble organizations, they are a candidate and qualified.---Mr.Drum stated he thinks that this has been the case in the past with the various board appointments, people frdm all walks of life.---Supervisor Martocchia spoke about appoint- ments to other pssitions in the town, such as stenographers who need time to develop a feel for the position and learn the work.---Mr. Pell stated that when someone submits a resignation more ti~e Should be taken to compare the qualifications of the applicants.---Super- visor Martocchia stated that they knew the job was coming up in a hurry and it is necessary to move so the Board wilt not be without a member.---Mr. Pell stated he does not understand why, when he told them the other day he knew this vacancywas coming up in December, he w~i~e~'~unti~ !,a~iTU~sd~ to tell them.-r.Supervisor Martocch&a s~a~em ne cannot strafe ~he position is ~acant %u~til the resi~ation has been received.---The resignation was sub~tted January 18thl Vote of the Town Board: No; Councilman Pell - (Councilman Pei~ stated he votes no because the Board has 12 applicants, and~they~' g~them!~51mihutes ago and he does not mhave time to review 121 applicants 'in J5 minutes.) Ayes: Councilm~u Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice_Doyen. This resolution was declared adopted. (Justice surer left at this point, 9:25 A.M. for a trial at Justice Court.) Supervisor Martocchia stated the newspapers, Diane Plows, in particular should report accurately as things were said, and not leave things out. The local papers said the Town Board was pretty cold toward the Village of Greenp$rt. Almost everyone in the room, including Supervisor Martocchia, fesls strongly about the Mascony matter. He said at the last meeting that he personally, having lived in Greenport'50 years, knew in his mind, being a businessman there 50 years, what it would do to the Villageof Greenport.---At that particular time of the day at the meeting last Tuesday the Board was caught without counsel, as the Town Attorney was involved representing the Shelter Island Ferry District and possibly some other businessmen in opposition to the Mascony Ferry therefore he could not possibly represent the Town Board Without counsel there can be some grave m~stakes made. The Board was reluctant to take a position without guidance, and subject themselves to a lan suit. There is a great deal of feeling and sympathy for the problems of Greenport even though the editorial and other comments in the papers bat the Town Board apart°--- Supervisor Martocchia has been working with the May 6r Greenport at ~ength~ The Village of Greenport is part of Southold'Town, do )ay ~axes to the Town for certain things. The Town Board took a )sition on LtLCO, even though it is not in Southold Town because ~{ ~ould affect Southold Town. Now, the Vi&lage of Greenport is lOi ing for help. In speaking to Mayor Townsend, Super~r Mar .oechia asked that the request be put in w~ing, however, the l~t~er was not received, and then two letters were received at once.--,After talking with May or Townsend over the weekend and Cg~sultat~on with an attorsey, a resolution has been drafted which as follows: "WHEREAS the Village of Greenport is lo~ated within and is a part of SDuthcld Town, and W}IEREAS emergency facilities and services required by residents of Southold Town such as the Eastern Long Island Hospital and the East-West Fire District are located in the Village©of Greenport and WHEREAS the Suffolk County Traffic Studies of 10/74 and 12/76 and the New York State Department of Transportation testimony at the I.C.C. Hearing of 1/74 indicate dangerous ~raffic constriction if Mascony Transport & Ferry Service Inc.' application were to be granted and ~OW, THEREFORE, BE IT RESOLVED that the Town Board of the Tov;n ~f Southold is opposed to the application of Mascony ~Transport & Ferry Service, Inc. because of the aforementioned traffic conditions that would impede emergency vehicles and ,thereby endanger the health and welfare of the residents of Southold Town and ~BE IT FURTHER RES0L~ED that the Supervisor of Southold Town ~e~>authorized to enter into consultation with the Mayo~of i.~'he!iV£11age of Greenport and the Supervisor of Shelter Island l~on~ning a possible solution to this problem." Othe~ i~e~s could be added to this resolution, there is a letter to ~t~macher, Mc Lendon & Murrell Corp. indicating possible damage toi~ate~ and sewer conduits, and this might possibly effect the We.~,~!W~er District and' the East~West Fire Protectioni~Distrlct BeC!~s~ of water pressure problems.---Supervisor Martocchia asked th~ {he Board digest the suggested resolution. He feels some sor~ oflpos~t~on should be taken relative to Greenport s problem wi~i Ma~cony. Mr. ;e0~ge Rowsom presented copies of the findings of the I.C.C and ~l~sO comments of Commissioner ~urphy who was the dissenting and onl permanent member of the I.C.C.--~There were four people involved in ~e. I~C.C. decision~ one of them being the hearing officer who was ~helonly individual ever to step foot in Greenport, the second was ommission Murphy, the onl~ permanent member of the I.C.C. and the other two were t~mporary members. The hearing officer who had bee~ inlGreenport sa~d, no. The only premanent member of the I.C.C. saY~.ino, and the only two people who voted for this were temporary mem~rs, it is his opinion that no corm41unity in Southold Town s~ould allow themselves to be intimidated by the decisio~ 0f ~two temporary members of the I',C,C, and a commercial venture coming out of Massachusetts.~---Mr~ ~ . ~,, . Rowsom read excerpts from Commissioners Murphy's ~ec~s~on: .... I am unable to join in today's decisi6n because it is based upon a number of ~ajor procedural and substantive deficiencies. ...~e of the serious deficiencies in today's decision is the failure to allow protestants .... to introduce further evidence after applicant's (Mascony) request for further consideration was honored,...thus,... depriving protestants fo due process of law .... the majority's apparent dismissal of the evidence...represents a drastic departure from the standards usually adhered to in application proceeding...failure to afford Cross-Sound...an opportunity to submit evidence of changed circumstances is a matter of first importance." Mr. Rowsom stated that the reason why the I.C.C. did not carry this hearing on any further was because the two temporary members just didn't have the time to listen. "To deny Cross-Sound's request and failure to honor that request while affording applicant the opportunity to update its own evidence is - serious departure from due process of law .... it is pertinent to note that the hearing officer recommended a denial of the application on e~vironmental and safety grounds .... grant of the authority sought herein is a ~ajor Federal action significantly affecting the quality of the human environmenT. Without question, the operations, if institured at Greenport as proposed, may have an irrevocable impact upon the environment thereat...citizens of Greenport are entitled, within limits, to chart their own destinies with- out the out intrusion of outside forces which may have little or no interest in the ultimate goals of those citizens .... the desires of the citizWns, primarily those of Greenport, to ~hart their own destinies through a careful planning process would be largely circumvented in the name of expediency and a desire for commercial exploitation." Mr. Rowsom stated the findings of the two temporary members were as follows: "We find that the present-and future public convenience and necessity require operation by applicant." Mr. Rowsom stated that does not hold true as there is a cross sound ferry in operation at the present time and does not require another ferry. He stated he comes to plead with the Board as the Village of Greenport is up against some real heavy hitters who don't care about Southold Town of Greenport. Even if the Village of Greenport got only moral support from the Town it would be'a great help in the presentation to the publi-. This is going to cost the Village a lot of money. SDpervisor Martocchia stated that basically'what the Town Board would be doing to adopting the proposed resQlution, is authorizing the Supervisor to sit down with the Mayor The Village of ~reenport and Supervisor of Shelter Island Town to discuss solutions to the problem. ~e Board discussed the wording of the proposed resolution previously read by -SuDervisor Martocchia. On motion of Councilman Pell, seconded ~bv Councilman Homan, WHEREAS the Village of GreenDort is located within and is ~art of Southold Town, and WHEREAS emergency facilities ~nd services required by r~si~en~s of Southold Town such as the Eastern Long Island Hospital and the East- West Fire District are located in the Village of Greenport, and WHEREAS the Suffolk County Traffic Studies of 10/74 and 12/76 and the New York State Department of Transportation testimony at the I.C.C. Hearing of 1/74 indiciatedangerous traffic constriction if Mascony Transport & Ferry Service Inc.'s application were to be granted, NOW, THEREFORE, BE IT RESOLVED that the Town Board of th~ Town of Southold is opposed to the application of Mascony Transport & Ferry Service, Inc. because of the afore mentioned traffic conditions that would impede ~mergency vehciles and thereby endanger the health and welfare of the residents of Sbuthold Town and BE IT FURTHER RESOLVED that the Supervisor of Southold Town be authorized to enter ~nto consultation with the Mayor the the Village of Greenport and the Supervisor of Shelter Island concerning a possible solution to this problem. Vote of the Town Board: Ayes; Councilman Pell, Councilman Drum, Justice Doyen, Supervisor Martocchia. Absent: Justice Doyen, Justice Suter. This resolution was declared adopted. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 9:50 ~.M. Vote of the Town Board: Ayes: Councilman Petl, Councilman~um, Councilman Homart, Supervisor Martocchia. ~bsent" Justice Suter, Justice Doyen. This resolution was declared adopted. Judith T. Terry ~/ Town ~Clerk