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HomeMy WebLinkAboutTB-03/14/1978SOUTHOLD TOW~ BOARD March 1W, 1978 A regular meeting of the Southold Town Board was held on Tuesday: Mareh 14~ 1978 at the Southold Town Hall, Main Road~ Southold: New York. Deputy Supervisor James Roman opened the meeting at 3:00 P.M. with the following present: Absent: Deputy Supervisor James Homan Justice Martin Suter Justice Francis T. Doyen Councilman Henry W. Drum Councilman William R. Pell III Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Supervisor Albert M. Martocchia On motion of Justice Suter~ seconded by Councilman Drum~ it was RESOLVED that the minutes of the February 23~ 1978 meeting of the Southold Town Board be and hereby are approved as submitted. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Dr~ Deputy Suoervisor Homan~ Justice Doyen~ Justice Suter. Absent: Superviso~ Martocchia. This resolution was declared adopted. On motion of Justice Doyen~ seconded by Councilman Peil~ it was RESOLVED that the next regular meeting of the Southold To~a Board will be held at 3:00 P.M.~ Tuesday~ March 28~ 1978 at the Southold Town Hall~ Main Road~ Southold~ New York. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Surer. Absent: Supervisor Martocchia. This resolution was declared adopted. On motion of Councilman Drum seconded by Justice Suter~ it was P~SOLVED that the February 1~78 reports of Justice Suter~ Police De~artment~ Fishers Island Ferry District~ Supervisor~ Highway Department~ Dog Warde~s~ Trustees~ Town Clerk and~B~itding Department~ (Building Department report states 2 new dwe!lings-$~O00~ 4 dwelling additions-$20~9~O.O0, one business addition-$31~900~ total estimates for the month $I18~8~0.) be and hereby are accepted and ordered placed om file. Vote o£ the Town Board: Ayes: Councilman Peil~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted. Deputy Supervisor Homan: 1. Notification from the Department of the Army~ Corps of Engineers relative to proposal vo establish shipping safety.fairways in the North Atlantic. 2. Receipt of a public notice from the Department of Environ- mental Conservation~ State of New York relative to application of Cutchogue Fire District for permission to construct 6 new fire wells. It has been determined this will have not significant effect upon the environment. Comments on the application must be received by the DEC by March 17~ 1978. 3. The Town has received the Floo~ Plain Maps from the Depart- ment of Housing and Urban Development~ Federal Insurance Administration. The maps are being reviewed and sometime in the future they will adopt a Flood Plain Ordinance. The Town Clerk has the maps on file in her office. 4. Receipt of a notice from the Village of Greenport relative to proposal Local Law No. 2 to amend Chapter 8~ Article III~ more speciffcally~ WC Waterfront Commercial District Use Regulation, Section 8~-!0A(2) of the Code of the Village of Greenport.--This has to do with length of ferries. ~. Receiot of a bulletin from the Coast Guard~ Boating Safety Division~ statin~ that anyone planning to hold a marine event must notify the Coast Guard at least 30 days prior to the event. 6. Notice from the NYS Department of Environmental Conservation relative to application of Michael A. LoGrande for permission to construct a su~er cottage 24' x 44' on slab placement of 400 yards of clean fill at Goldsmith's Inlets--It is ass~ed the area described is within jurisdiction of the DEC by virtue of elevation or distance to the high water mark. Comments by M~rch 29~ 1978. 7. Notice from the Department of the Army~ Corps of Engineers relative to application of Port of Egypt Enterprises~ Inc.~ Main Road~ Southold requesting permission to maintain approximately 120 ft. of floating timber pier and to install an additional 300 ft. of floating timber pier in the configuration and location shown on an accompanying map. Objections by April 9~ 1978. This notice is being referred to the Town Trustees for appropriate comments to the Corps of Engineers. 8. Receipt of census information from the Federal Revenue Sharing~ giving total resident population as of July l~ t97~ at 18~8t~ total resident births of 189 between July !~ 197~ and July ir 1976~ total resident deaths of 231~ net migration to the area of ~63[ making a total population estimate of 19~3'36 on July 1~ 1976. The Board canno% verify the figures~ but those are the figures the FRS uses for establishing the amount of revenue sharing the town will get. 9. Notice has been received from the State Insurance Fund that the Town's workman's compensation policy went from ~2~000 to ~44~000. The Tovrn i~ediateiy compiained~ thinking the amount was rather high. They received a revised bill about five days later stating the new figure is ~3~000. However~ this still amounts to a ~9~000.00 increase. 10. Receipt of a letter from Jerry and Beatrice Tuthill thar~king the Highway Department and Police Department for the emergency assistance in getting them to Central Suffolk Hospital during the height of the past snowstorm~ and then being transported to Southampton Hospital in time for the birth of their new daughter Jacqueline Marie. ti. Communication from Assembly Minority Leader Perry B. Duryea relative to proposed legislation he is considering concerning a program that will provide between ~-mitlion and 10-million dollars a year for local flood control projects. 12. Letter from Greenman-Pedersen~ Associates~ P.C. relative to grants applied for to build a highway arage~ recreational facilities and court house. The funding does not look too good at this time; at present Congress is so involved with the energy bill and other legislation they don't know when they will take this under consideration. 13. Letter from Andrea Tiliman~ President of the Mattituck Village Improvement Society expressing her concern over the removal of a tree at Love Lane. Ms. Tiilman was informed this is not an ongoing program in the village of Mattituck to remove trees~ and the tree will be replaced. 14. Receipt of letters for s~mmer jobs~ Ted Beebe Jr. for summer police job~ and Lisa Bradley and Miss Ctark~ East Marion. The resumes have been given to Highway Superintendent Dean inasmuch as he runs the summer employment programs. !~. The Board received today a notice from the National Sheriff's Association that the Town of Southold has been accepted for police liability coverage. On motion of Deputy Supervisor Homan~ seconded by Justice Suter~ it wa~ RESOLVED that the Towua Board of the Town of Southold approves~ to include Due From Other Government Agency A440 ~i800.00~ quarterly payment~ to pay CETA II employee and fringe benefits as of Janusry 1~ 1978. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Dr~ Deputy Supervisor Homan~ Justice Doyen~ Justice Surer. Absent: Supervisor Martocchia. This resolution was declared duly adopted. (Deputy Supervisor Homart explained that the reason for the f~regoing resolution is that the Town has been paying ~TA people out~he wrong account~ so they have just been informed~ and must adopt this resolution to rectify the matter. It is not an expenditure of funds~ but rather a movement o£ funds within the town budget.) On motion of Councilman Dru~: seconded by Justice Suter~ it was ~SOL~D that the following proclamation be adopted and ordered placed in the two local newspapers: %fHEREAS: The American Red Cross has given round-the clock service to our Military personnel wherever troops are stationed: at home or abroad: standing by the world over~ to assist them and their dependants~ and WH~REAS the Red Cross stands ready to come immediately to the aid of people stricken by floods: fire or storm and provides hospita!s~ health agencies and physicians with whole blood and blood derivatives~ thus greatly contributing to the health of the American people~ and ~E4EREAS: the Red Cross in the To%m of Southold helps keep our families safe and healthy through training in first aid~ water safety and home nursing~ NOW: THEREFORE: BE IT PROCLAI~D that the month of March be known as "Red Cross Month" in the Tovm of Southold and ID Albert M. Martocchia: Supervisor of the Town of Southold: urge all citizens to join me in support of our Red Cross with our money: blood donations and volUnteer service. Vote of the Town Board: Ayes: CoUncilman Pell~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared duly adopted. (Deputy!Supervisor Homart stated that the next item on the agenda pertains to an amendment to the Freedom of Information Law and its regulations, it is being adopted to comply with State Laws.) On motion of Justice Suter~ seconded by Councilman Pell: it was HESOL~ZED that the Town Board of the Town of Southo!d hereby adopts the following ~R~JLES AND REGULATIONS P~LATI~E TO PUBLIC ACCESS TO RECOlt~S OF THE TOWN OF SOUTHOLD~ PURSUANT TO ARTICLE 6 OF THE PUBLIC OFFICEF~S LAW:" SECTION I. Definitions. The wOrds and phrases used in these Rules and Regulations shall~ for the purpose hereof: have the meanings respectively ascribed to them by Article 6 of the Public Officers Law. SECTION 2. Access to Records. Each Town agency shall: in accordance with these rules~ make available for public inspection and copying all records: except that such agency may dem3y access to .records or portions thereof that: (a) are specifically exempted from disclosure by state or federal statutes (b) if disused would constitute an ~mwarran~ed invasion of personal privacy rmder the provisions of subdivision two of section eighty-nine of the Public Officers Law. (c) if disclosed would impair present or imminent contract awards or collective bargaining negotia~ions$ (d) are trade secrets or are maintained for the regul~ion of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprises (e) are compiled for law enforcement purposes and which~ if disclosed: would (t) interfere with law inforcement investigations or judicial proceedings~ (2) deprive a person of a right to a fair trial or impartial adjudication~ (3) identify a confidential source or disclose confidential information relating to a criminal investigation; or (~) reveal criminal investigative techniques or procedures~ except routine techniques and procedures; (f) if disclosed would endanger the life or safety of any person; (g) are inter-agency or intra-agency materials which are mot: (1) statistical or factual tab~.lations or date; (2) instructions to staff that affect the public~ or (3) final agency policy or determinations; or (h) are examination questions or answers which are requested prior to the final admir~stration of such questions. Each Totem agency shall maintain: (a) a record of the final vote of each member in every a~ency proceeding in which the member votes; (b) a record setting forth the namer public office addre~s~ title and salary of every officer or employee of the agency; and (c) a resonabiy detailed current list by subject matter~I of gl records in the possession of the agency~ whether.or not available -mader Article 6 of the Public Officers;Law. SECTION 3. Designation of records access officer. (a) The Town Board does hereby designate the Town Clerk as records access officer who shall have the duty of coordina2ing agency response to public requests for access to records. Such designation of the records access officer shall not be construedl to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. (b) The records access officer is responsible for assuring that Town personnel : (1) (3) (5) (6) Maintain an up-to-date subject matter list: Assist the r~quester in ~denti£ying requested records~ if necessary; ; Upon locating the records~ take one of the following actions: (i) Make records availab~ for inspection; or (ii) Deny access to the records in whole or in part and explain in v~iting the reasons . therefo~ Upon request for copies of records: (i) Make a copy available.upon payment or offer to pay established fees~ if any; or , (ii) Permit the requester to copy those records; Upon request~ certify that a record is a true c~py~ and Upon failure to locate records~ ~ertmfy tmat. .' (i) The To~m agency is not the custodian for!such reco~ds~ or ~ (ii) The records of which the To~m agency is a custodian cannot be found after diligent search. SECTION 4. Location Each Town agency shall designate the locations where shall be avs[iable for public inspection and copying. SECTION 5. Hours for public inspection. records (a) Each Town agency shall accept requests for public access to records and produce records during all hours they are reg~lar!Y open for business. (b) In Town agencies which do not have daily regular bus.ness ~_ours~ a wrztten procecure shall be establzshed by which a person may arrange an appointment to inspect and copy records. Such procedure shall include the' name, position~ address and phone number of the party to be contacted for the purpose of making an appointment. SECTiO~~ 6. Requests f~r public access to records. (a) A To~n agency may require that a request be made in writing or may make records a~ailabte upon oral request. .... continued Page ~6~ (b) A Town agency shall respond to any request reasonabl~ describing the record or records sought within five business days of receipt of the request. s cz oN ?. (c) A request shall reasonably desc_i~e the record or records sought. 'Whenever possible a person requesting records should supply information regarding dates~ file designations or other information that may help to describe the records sought. (d) If the Totem agency does not provide or deny access - ! ~' ' i ~ approximate date when the request will be granted or denied. If access to records is neither granted nor denied within ten business days after the date of acknOw- ledgement of receipt of a request~ the request may be con- strued as a denial of access that may be appealed. ~u~sect matter ~' (a) Each Town agency shall maintain a reasonable detailed current list by subject matter of all records in its possession~ whether or not records are available pursuant to subdivision two of section eighty-seven of the Public Officers Law. (b) The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought. (c) The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list. SECTION 8. Denial of access to records. (a) The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law. (b) Denial of access shall be in writing stating the reason therefo~ and advising the person denied access of his or her right to appeal to the person or body established to hear appeals~ and that person or body shall be identified by name~ titie~ business address and business telephone number. The records access officer shall not be the appeals officer. (c) if a Town agency fails to respond ~o a request within ~ive business days of receipt of a request as required in Section 6 (d) hereof~ such failure shall be deemed a denial of access by the agency. (d) Any person denied access to records may appeal within thirty days of a denial. (e) The time for deciding an appeal shall commence upon receipt of written appeal identifying~ (!) The date and location of a request for records~ (2) the records that were denied~ and (3) the name and return address of the appellant. (f) The Town Clerk shall transmit to the Committee on Public Access to Records~ copies of all appeals upon receipt of an appeal. Such copies shall be addressed to: Comm_ittee on Public Access to Records Department of State 162 Washington Avenue Alban~ New York 12231 (g) The Town Board or the person or body designated to hear appeals shall inform the ~pellant and the Committee on Public Access to Reco~ds-/its determination in writing within seven business days of receipt of an appeal, The determination shall be transmitted to the Committe~ on Public Access to Records in the same manner as s~t forth i~ subdivision (f) o£ this section. (h) A final denial of access to a requested record~ as provided for in subdivision (g) of this section~ shall be subject to court review~ as provided for in Article 78 of the Civil Practice Law and Rules. SECTION 9- Fees Except when a different fee is otherwise prescribed by TM · (a) There shall be no fee charged for the following: (!) Inspection of records~ (2) Search for recor~s~ or (3) Any certification pursuant to these Rules. (b) A Town agency shall charge a fee for copies of records as follows: (i) The fee for copying records shall be 2~ cents per page for photocopies not exceeding 9 x 14 inches. (2) In Town agencies which do not have photocopying equipment~ a transcript of the requested records shall be made upon request. Such transcripts may either be typed or handwritten. In such cases~ the person requesting records may be charged for the clerical time involved in making the transcript. (3) The fee ~or copies of records not covered by paragraphs (1~ and (2) of this subdivision shall not exceed the actual reproduction cost~ which is the average unit cost for copying a record~ ex- cluding fixed costs of the agency such as operator salaries. S=C~I~ !0. Public notice. Each Town agency shall publicize by posting in a conspicuous location and/or by puColication in a local newspaper of general circulation: (a) The location where records shall be made available for inspection and copying. (b) The nameD title: business address and business telephone number of the designated records access officer. (c) The right to appeal by any person denied access to a record and the name and business address of the person or body to shom an appeal is to be directed. Vote of the Town Board: Ayes: Councilman Pell: Councilman Drum~ Deputy Supervisor Homan: Justice Doyen~ Justice Surer. Absent: Supervisor Martocchia. This resolution was ~Sciared adopted. On motion of Justice Suter~ seconded by Councilman Drum: it was P~SOL~D that application of Florence Steiner dated February 163 1978 for a renewal of a sJrgie trailer on private road (John's Road) off east side Main Road~ Mattituck: New York: be and hereby is renewed for a period of six months. Vote of the Town Board: Ayes: Councilman Peli~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen: Justice Suter? Absent: Supervisor Martocchia. This resolution was declared adopted. (Deputy Supervisor Homart exoiained the nature of the next item on the agenda: application of ~artin Sidor for a trailer permit.--- The Board feels this application has merit as it is for a program sponsored by the National ~aH Council wherebF people from Poland and Yugoslavia come to the United States and work on farms~ it is a type of cultural exchange.) On motion of Councilman Drum~ seconded by ous~mce Suter~ it was RESOLVED that the application of Martin Sidor for the location a trailer on his premises located on the south side of Oregon Road~ Mattituck~ New York~ be and the same hereby is granted for a period of six months subject to the following conditions: t. That the same be used only ~for the housing of not more than two trainees under the National 4-H Agricultural Trainee Program~ and 2. That the trailer be removed from the premises at the ter- minatiom of the 4-H program. Vote of the Toy,ua Board: Ayes: Councilman Pell~ Comncitman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resotutiom was declared adopted. Deputy Supervisor Homan: 16. Receipt of a wetland application #33 from Frank A. and Margaret E. Rosenberg. When recommendations have been received ifrom the Board of Town Trustees and Conservation Advisory Council~ a .date for a public hearing will be scheduled. On motion of Justice Doyen~ seconded by Councilman Pe!l~ it was RE'SOLVED that the Town Board of the Town of Southo!d approves the action of the Fishers Island Ferry District in awarding 'Whaling City Dock and Dredge Corporation the contract for the reconstruction of the docking facilities at Fishers Island Ferry District Pier in New London~ Connecticut at ~38~900.00. Vote of the Town Board: Ayes: Councilman Pe!!~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted. Deputy Supervisor Homart: 17. Two bids were received for the To-~ Clerk Buitding~ one from Southold Equities Corp. in the amount of ~8~I17.00 and one from Arline Marvin in the amount of ~3~i.00. Inasmuch as yesterday word was received from the architect that the building is listed with the State Historical Agency there may be title change requirements which may benecessary to include in the bid~ and they may have to ask the bidders to accept them. Also~ the bidders have both ~!aced conditions on their bids. Consequently u~on advice of the Town Attorney the bids are being held in abeyance until further infor- mation is received. On motion of Justice Suter~ seconded by Coum~ci!man Dr~m~ it was RESOLVED that the bid of J.J. Hart~ Inc.~ Riverhead~ New York~ the low bidder~ be and hereby is awarded the bid for the Dog ~farden Truck~ a 1978 F-lO0 one-half ton pickup truck at $4~!74.6~ which includes the trade-in off one 1973 one-half ton pick-up truck presently used by the Town Dog Wardens less special equipment~ all as set forth in the specifications~ all in accordance with the Notice to Bidders~ Specifications and Proposal. Vote of the Town Board: Ayes: Councilman Pelt~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted. (One other bid was received ~r the Dog Warden Truck from Greenport Ford hercury at ~330.00.) (Three bids were received for the Southold Police Department M~.rmne Unit: J.J. Hart's c~969.77~ Green~ort Ford Mercury - ~6,029.29~ Herb Obser Motors~ J.n - ~6~!g~.O0.) - On motion of Councilman Pei!~ seconded by Justice Doyen~ it was RESOLVED that the bid of J.J. Hart~ Inc.~ Riverhead~ New York~ the low bidder~ be and hereby is awarded the bid for the Southold Police Department Marine Unit~ a 1978 F-2~O pickup truck all in accordance with the Notice to Bidders~ Specifications and Proposal at the bid price o£ Vote of the To~n Board: Ayes: Councilman Peli~ Councilman Dr~m~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter~ Absent: Supervisor Martocchia. This resolution was declared adopted. (Four bids were received for the Highway Superintendent's car: Greenport Ford M~rcury~ Inc. ~4~7.00~ Mutlen Motors~ Inc. - ~%20.00~ Wells Pontiac-Caditiac~ Inc. - $~400.00~ and Volinski Olds, Inc. - ~2~2.9~) On motion of Councilman Dr~m~ seconded by Justice Suter~ it was (Covmciiman Pe!! asked if all the options were being taken for the Highway Superintendent's Car?--- Deputy Supervisor Homart stated there were no options,---Mr, Pe!l asked what is on the car?---Deputy Super- visor Homan stated they went over the bids this morning and Mr, Pel! could look at them if he has a question,---Mr. Pelt stated that iast month the Board turned the police department do~mwhen they asked for air conditioning~ and now they are taking another car with air- comditioning~ are they setting a precedent?---Deputy Supervisor Homan stated he does not know if they are setting a precedent~ he only knows they do not have enomgh money in the budget for air- conditioning in the police cars at this time. Ae can only assume that if the Highway Superintendent put air-conditioning in his specifications that he does have money in his budget,) RESOLYED that the bid of Greenport Ford Mercury~ the low bidd~ be and hereby is awarded the bid for a new 1978 four-door sedan for the Highway Superintendent at ~7,00 including trade-in of a i97~ Pontiac Bormeville~ 4 door hardtop sedan all in accordance with the notice to bidders~ specifications and proposal, Vote of the Town Board: ~o: Councilman Pell. Ayes: Co~anciiman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter, Absent: Supervisor Martocchia, This resolution was declared adopted, (Deputy Supervisor Homan stated he is asking the Board to reject the bids for tires and tubes for the Highway Department~ the specifications were improperly drawn~ the bids as submitted by some of -the bidders were improper as some bidders left out some of the items,) On motion o£ Co,~cilman Dr~tm~ seconded by Justice Doyen} it was R~SOLVED that the Highway Department bids for tires and tubes be and hereby are rejected~ and the Highway Superintendent is hereby authorized to draw new specifications for tires and tubes in a more definitive manner and readvertise for bids, Vote of the Town Board: Ayes: Co~mcilman Peil~ Co~mcilman Drum~ Deputy Supervisor Ho~mn~ Justice Doyen~ Justice Suter, Absent: Supervisor Martocchia. This resolution was declared adopted, (Three bids were received for the 12 passenger van~ being f~m. ded by the County~ for Senior~Citizens: J,J. Hart's - $7~61,3~; Greenport Ford Mercury - ~7~489,99~ Mul!en Motors~ Inc, - ~7~43t.1~,) On motion of Co-~ncilman Pe!l~ seconded by Justice Suter~ it was RESOLVED that the low bid o£ Muilen Motors~ Inc.~ Southold~ New York be and hereby is awarded the bid for the 12 passenger van~ all in a~ordance with Notice to Bidders~ Specifications and Proposal at a bid ~rice of ~7~3t,I~, Vote of the Town Board: Co~cilman Pell~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter, Absent: Supervisor Martocchia, This resolution was declared adopted, On motion of Justice Doyen~ seconded by Justice Suter~ it was RESOL¥~D that Deputy Supervisor James Homan be and he hereby is authorized to sign an agreement on behalf of the Town of Southoid with the New York State Department o£ Environmental Conservation for the undertaking of a shellfish seeding program in a sum not to exceed ~3~000,00~ which sum will be reimbursed to the Town of Southo!d by the New York Department of Envirommental Conservation at the conclusion of the program, Vote of the To~,~m Board: Ayes: Councilman Pell~ Councilman Drt~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter, Absent: Supervisor Martocchia, This resolution was declared adopted, On motion of Councilman Drum~ seconded by Justice Suter~ WITEREAS~ the New York State Department of Transportation has proposed a Rail-Highway Crossing Program Project~ pursuant to Section 203 of the Federal Safety Act of 1973 as amended by Section 203 of the Federal Highway Safety Act of 1976 and i~Y~UEREAS~ the New York S~at~ Department of Transportation has notified this Board of the approval of plans and specifications for such a Rail-Highway Crossing Program Project~ for the Rail-Highway Crossing which are under the jurisdiction of the mtunicipality~ ~,nd which project is more completely described as Railroad-Hi, ghwa~ ~ssin~ Program Signing-Pavement Markin Pro~ect covered zuuder PIN ~9.~0~0~ and ~YHEREAS~ the New York State Department of Transportation has made known its intention t© advertise a contract for the above-d~scribed improvememt and haS requested an agreement from the Board to thel effect that it wiil permit the State~ its agents and employees to enter=~upon the highways~ roads and/or streets under the jurisdiction of the' municipality for the purpose of performing the above-described improvement. NOW~ T~P~FOP~ B~ IT RE~O~VED: That the T0~~ BOARD of the TO~ OF SOUTHOLD duly convened in legal session held on the 14thldaY' ~ ~arch~ i~78~'dOes hereby approve of the above'described improvement to be performed on the highways~ roads and/or streets of this muni- cipality and does hereby agree with. the State Department of TranSpor- tation that the authorities will.permit the State~ its agents and employees to enter upon the highways~ roads and/or streets of the m~icipaiity for the purposes of carrying out the above-described Rail-Highway Crossing Program Project~ and IT IS FUR~R RESOLVE. D: That the TOWN BOARD of this municipality d~es hereby agree with the State Department of Transportation that the municipality shall retain jurisdiction over the highways~ roads and/or streets within the p~oject area and hold harmless the State of NeW ~ork for any damage to the property or persons of others due to the per- formance of any of the employees or agents of the municipality,, and IT IS FURT~R RESOL\~D: That uponacompletion of the above-described Rail- Highway Crossing Program Project~ the Municipality will maintain the improvement and the highways~ roads and/or streets so improved in accordance with the ~ew York State Highway Law and the Federal Highway Safety Acts of 1973 and 1976 and Federal Standards and criteria in connection with such project. RESOLVED: That for the Rail-Highway Crossing Program Project~ the municipality agrees to schedule any highway resurfacing so that it will not obliterate newly painted markings~ except as necessitated by emergency situations whereby restmFacing is essential to maintaining proper traffic operations~ IT iS FURT~R RESOLVED: That the Clerk of this Board is hereby directed~ within ten days after the adoption of this resmi%tion~ to transmit five ([) certified co~ies of the foregoing resolution to the New York State Department of Transportation. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Surer. Absent: Supervisor Martocchia. This resolution was declared adopted. Deputy Supervisor Hom~n: 18. Receipt oz a letter from Oysterponds Union Free School District~ 0rient~ stating that the Town has~ in the pasty called upon them as to the availability of the school for shelter for those who have been e~acuated from their homes~ and they have always been willing to act in that capacity. They are now considering the purchase of a larger electrical generator~ and have been informed that if they are designated as a shelter they can apply for partial funding of the project by the Federal Goverm_ment. They ask for a letter to this effect. On motion of Justice Suter~ seconded by Councilman Pell~ it was RESOLi~D that a letter be forwarded to Oysterponds Union Free School District designating them as an emergency shelter. Vote of the Town Board: Ayes: Councilman Pell~ Conncilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted. Deputy Supervisor Homart: 19. Receipt of a letter from the Suffolk County Department of Public Works relative to the construction project of launching ramp for trailered vessels at the Eastern Shores: proximate to Inlet Point County Park~ in the community of Stifling. The County is pre- paring engineering plans and environmental impact statement for the construction of this launching ramp~ and request comments of the Town of Southold on this proposal.-- A letter will be sent to the Suffolk County Department of Public Works informing them that the Town of Southold has no objection to the project~ providing the County main- tains it and supervises it upon completion. On motion of Justice Doyen~ seconded by Justice Suter~ it was RESOLVED that the Boardof Commissioners of the Fishers Island Ferry District be and hereby are granted permission to advertise for bids for hauling and necessary repairs to the motor vessel 01inda as per specifications~ and that advertising be included in the official and alternate newspapers in the Town of Southold. Vote of the Town Board: Ayes: Councilman Pel!~ Cozmci!man Deputy Supervisor Homan~ Justice Doyen: Justice Surer. Absent: Supervisor Martocchia. This resolution was declared adopted. On motion of Justice Suter~ seconded by Councilman Drum~ it was t~]SOLVED that ~18~3.74 be and hereby is transferred from Item 4720 Antirec. PW Title II to A9040.4 Workmen's Compensation; and ~i729.~ be and hereby is transferred from Item 4720-Antirec. PW Title II to Highway Workmen's Compensation. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared duly adopted. (Deputy Supervisor Homan explained that the aforementioned resolution was necessary due to the new bill received from the Workmen's Compen- sation people.) Moved by Justice Suter~ seconded by' Councilman Drum~ WI~REAS the Southotd Town Planning Board and Suffolk County Depart- ment of Plazming have prepared official reports and remo~mendations on the application of North Fork Manor~ Inc. for a change of zone from "A" ~esidential and Agricultural District to '~B" Light Business District on certain property situated in Mattituck~ New York~ and more particularly bounded and described as follows: BEINNING AT A point on the northerly side of Sound Avenue where same is inter- sected by the westerly side o£ land now or formerly of Long island Lighting Co. and running thence along the northerly side of Sound Avenue~ the following: (1) North 8~° 03' 20" West~ 180.80 feet~ (2) North 79~ ~6' West~ 108.88 feet~ (3) Northwesterly along a curve bearing to the right and having a radius of 667.98 feet~ a distance of 13~.60 feet~ (~) Northwesterly along a curve which bears to the right and has a radius of 390.0 feet~ a distance of 134.3~ feet; thence along a curve which connects the northerly side of Sound Avenue with the southerly side of Middle Road~ northerly and northeasterly along a curve which bears to the right and has a radius of 40.0 feet~ a distance of 83.68 feet~ thence along the southerly side of Middle Road~ the following: (1) Easterly along a curve which bears to the right and has a radius of 2908.79 feet~ a distance of 287.69 feet~ (2) easterly along a curve which bears to the right and has a radius of 2820.79 feet~ a distance of 109.39 feet~ thence along land now or formerly of Joseph Gilies~ South 3~~ 38'~O" East~ a distance of 169.94 feet~ thence along land now or formerly of Long Island Lighting Co., the following: (i) South ~4© 44' West 100.0 feet; (2) South 3[© 16' East~ 183.72 feet tothe northerly side of Sound Avenue at the point-or ~lace~ of Be~nning. Containing about 2ms acres. N0~ THEREFORE~ BE IT RESOLVED that a public hearing will.be held by the Southold Town Board at 7:30 P,M.~ Tuesday~ April I1~ 1978 at the Southo!d Town Hall~ Main Road~ Southoid~ New York on the aforementioned petition~ at which time any person desiring to be heard on the above proposed petition should appear at the time and place above so specified~ and be it further RESOLVED that the Town Clerk be and she.~hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the r~quirements of law. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice~Suter. Absent: Supervisor Martocchia. This resolution was declared duly adopted. On motion of Councilman Pel!~ seconded by Justice Doyen~ W~REAS the Southoid TownPlanning Board and Suffolk County Depart- ment of Planning have prepared official reports and recommendations on the application of Nicholas Aliano and Patricia Krupski for a change of zone from "A" Residential and Agricultural District to "M-i" General Multiple Residence District on certain property situ- ated at Cutchogue~ New York~ and more particularly bounded and described as follows: BEGINNING at a monument at the intersection of the easterly line of Duck Pond Road and the southerly line of Duck Pond Road which monument is distant ~orth 29© [0' ~0" East 213,O8 feet from the northwesterly corner of lands of N. A!iano; thence from said point of beinning running North [2© 31'10" East partly through lands of N. Aiiano and Patricia Krupski to lands of R. Hammel; thence along said lands of R. Ham~ei and J. Zuhoski the following two (2) courses and distances: (I) South 4[© [2'40'~ East 39.06 feet; and (2) South 46© 17'[0" East 367.21 feet; thence from said point running along lands of Aliano et ano. South 43© 42'10" West 916.44 feet to lands of Fell- inger-Thar; thence along said last mentioned lands North ~2© 0i' 40" West 46[.90 feet to the southerly side of Duck Pond Road; thence along the southerly side of Duck Pond Road North 29© [0' ?' East 213.08 feet to the monument at the point or place of Beginning. NOW~ THER~FORE~ BE iT RESOLVED that a p~olic hearing will be hald by the Southold Town Board at 8:00 P.M.~ Tuesday~ April Ii~ 1978 at the Southold Town Hall~ Main Road~ Southold~ New York~ on 2he a~re- mentioned petition~ at which time any person desiring to be heard on the above proposed petition should appear at the time and place above so specified~ and be it fmrther RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be pub!i'shed in the official newspaper pursuant to the requirements by law. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum~: Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted.' On motion of Justice Suter~ seconded by Councilman Drum~ it was RESOLVED that the Town Board of the Town of Southold approves the amount of .~/,9[~O00. as bond estimate for roads and improvements in 469 2he subdivision known as "Centennial Manor~ Section One" owned by Lug!io and others~ as recommended by the Southold Town Planning Board and Lawrence M. Tuthill~ P.E. Vote of the To~m Board: Ayes: Councilman Pel!~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted. On motion of Justice Suter~ seconded by Councilman Drum~ it was RE~OLVED that the application dated March !3~ 1978 of Isadore Krupski for a single family trailer to be located on the north side Main Road~ approximately i000 ft. east of Bay Avenue~ Peconic~ be and hereby is approved for a period of six months. Vote of the To~m Board: Ayes: Councilman Pell~ Councilman Dr~s~., Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted. On motion of Justice Suter~ seconded by Justice Doyen~ WP~REAS T~ZE ~fIGHTS OF COLUMBUS~ Marian Counci!~: Cutchogue~ New York has applied to the Town Clerk for a Bingo License~ and ~,~REAS the Town Board has examined the application~ and after investigation~ duly made findings and determinations as required by law~ NOW~ TB~REFORE~ BE iT RESOLVED that the Deputy Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as required by law~ and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to the Knights of Co!umbus~ Marian Councit~ Cutchogue~ New York. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia, This resolution was declared adopted. On motion of Justice Suter~ seconded by Justice Doyen~ it was~ RESOLVED that ~eputy Supervisor Homart be and he hereby is authorized to enter into an agreement with Briarcliff Landscape~ Inc.~ Cutchogue~ New York for their Lawn and Shru~o Program for the Southold Tov~n Police Department grounds. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum~ Deputy Supervisor Homart, Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted. On motion of Councilman Drum~ seconded by Justice Suter~ it was RESOLVED that the Town Clerk be and she hereby is appointed Issuing Agent for the issuance of Handicapped Parking Permits to eligible local residents who apply for them. Vote of the Town Board: Ayes: Councilman Pell~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted. (Deputy Supervisor Homan explained that the foregoing resolutions was adopted in accordance with Chapter 838 of the Laws of 1977 which recuires the Department of Motor Vehicles to'design and distribute Handicapped Parking Permits to all cities~ town and villages of the State. Even though Southoid Town does not presently have handicapped parking area~ the Town must issue permits to local residents who meet whatever eligibility requirements are set up~ so that they may utilize the permits elsewhere in the State.) Moved by Justice Suver~ seconded by Justice Doyen~ W~REAS a proposed Local Law No..'! - 1978 was introduced at a meeting of this board held on the 10th day of January~ 1978~ and ~Kt~REAS a public hearing was held thereon by the Board on the 7th day of February~ t978~ at which time all interested persons were given an opportunity to be heard thereon. NOW~ T~FORE~ BE IT RESOLVED that Local Law No. I - 1978 be enacted as follows: Local Law No. 1 - 1978 A Local Law in relation to Etectricl Inspections and the Use of Aluminu~ Wire 470 ........... The Code of the Town of Southold is hereby amended by adding a new Chapter. thereto~ to be Chapter ~3~ to rea~ as follows: Section ~3-!. ADMINISTRATEON. This Local Law shall be administered and conducted under the supervision of the Building Department of the Town of Southold. The Tovm's Building Inspectors~ however~ shall at no- time be required to conduct electrical inspections nor perform any of the duties hereinafter assigned to electrical inspectors. Section 43-2. EleCTRICAL iNSPECTOR. The Chief Inspector and each of the d~y appointed inspectors of the New York Board of Fire Under- writers 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 electric'~l installations heretofore and hereafter described~ and to approve or disapprove the same. In no event~ howeve~ will the cost or expense of such inspections and reinspections be a charge against the Town of Southold. Section 43-3. DUTIES OF T~ ELECTRICAL INSPECTOR. it shall be 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 viotations~ or deviations from~ or omissions of the electrical provisions of the Building Code applicable to the Town of Southold and of all local laws~ ordinances~ and the Building Code as referred to in this Local Law insofar as any of the same ~ply to electrical wiring. The inspector shall make inspections and reinspections of elec- trical installations in and on properties in the Town of Southold upon the written request of a Building Inspector of the Town of So~thold or as herein provided. The inspector is authorized to make inspections and reinspections leading to the issurance of certificate of compliance o£ the New York Board of Fire Underwriters of electrical wir±ng~ in- in stal!ations~ devices~ app!icances and equipment~/or on properties within the Town of Southold where a building permit has been issued by the Building Department of the To~m of Southold or where a property owner or electrical contractor requests such an inspection. Applmcatmons 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 Board of Fire Unde~riters 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 officer of the Town of Southold. It shall be the u:: of the inspector to furnish written reyorts to the proper officials of the Town of Southold and owners and/or lessees of property where defective electrical installation and equip- ment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this Local Law. He shall direct that a copy of the certificate of compliance be sent to the Town of Southoid to the attention o~ the Building Inspector. No certificate of occupancy may be issued by the Building Department until receipt of a copy of said certificate of compliance has been received. Section ~3-~. MATERIAL R~SJ.~,£C_I ~S (a) The use of al~in~ wire or wire 'uti~_izi~g a!~min~mm in combination with other materials where t~e principal metallic com- ponent o£ such wire is aiuminum~ e.g.~ nickel clad~ copper ctad~ etc.~ American wire gauge No. ~ 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 residemces and replacement or repair of existing electrical service. (b) A!umin~mwire or wire utilizing a~ummn~mi~ combination with other materials where the principal metallic component of such wire is aiumin~ e.g.~ nickel c!ad~ copper c!ad~ etc.~ American wire gauge No. 2 and larger~ may be used in buildings and/or residences only when termination, and splicing of such wire is by UL approved compression connectors. Section 43-~. P=2ALTIES. Any person who violates any provision of this Local Law shall be guilty of a violation and shall upon con, viction~ be subject to a fin~ of not more than two H~ndred fifty (~0) dol±ars~ or by imprisonment ~or not more than zm_teen days (i~)~ or by both such fine and imprisonment for each offense. ~aLID±T~ Should any sectiom or provision of this Section 43-6. ~ Local Law be d~cided by the cou~ to be unconstitutional or inva!id~ ¼ such decision s~a!l not affect the validity of the Local Law as a whole or any part thereof o.~her than the part so decided to be unconstitutional or invalid. Section ~3-7- Effective Date. This Local Law shall take effect i~f~ediately. Vote of the To~ Board: Ayes: Councilman Petl~ Co~cilman Dr~m~ Deputy Supervisor Homan~ Justice Doyen~ Justice Sute~ Absent: Supervisor Martocchia. This resolution was declared adopted. On motion of the C o~mcilman Peii~ seconded by Justice Doyen~ it was P~SOLVED that the following audited bills be and hereby are ordered ~a~d.: G~nera! Fund Who~ Town-~43~23.~9~ General Fund Part Town- ~2~73.42~ Fishers Island Ferry Distr~ct-~34,472.~6~ Federal Revenue Shar ing-~28~.~3~ Highwa~ DePar[ment-~i,~29.i?. Vote of the Town Board: Ayes: Councilman Peil~ Councilman Drum~ Deputy Supervisor Homan~ Justice Doyen~ Justice Surer. Absent: Supervisor Martocchia. This resolution was declared adopted. Mrs, Barbara Schriever, Orient~ inquired about letters sent to the Town Board~ Highway Superintendent and Planning Board regarding a meeting of Highway Committee Of the Board having to do with certain drainage and other requirements ~ith roads.~ and other letter to do with the cluster concept subdivision on the east side of Tabor Road owned by the Schrievers.---Deputy Supervisor Homart stated that when they complete this meeting them are going to review that cluster and another cluster they have before them. Mrs. Gladys Csajko: Greenport~ asked if they were going to appoint a ~rustee?---Deputy Supervisor Homan stated: no: they have had approximately seven resumes: he has talked to the Board of Trustees and they have assured h~n they are able to function at present with the people they have~ though not necessarily out of respect to Mr. Hataier~ they thiP~ this could go another meeting or so~ since ~ome members of the Board have just piDkDd up their res~omes recently due to vaaations or illness or whatever. The Board is not going to act on the Trustee appointment this meeting nor probably the meeting thereafter.-~ Mr. Jokn Bednosky~ Peconic~ stated he Just walked in and heard they were not going to act on the Trustee appointment~ when are they go!ng to do that?---Deputy Supervisor Homan stated at the next meeting or April llth meeting: and repeated the reasoning he gave Mrs. Csajko. ---Mr. Bednosky stated there has not been a full Board of Trustees in six months.---Deputy Supervisor Homan stated they were still going to wait. On motion of Justice Suter~ seconded by Comaciiman Drum~ it was ~ESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 3:~0 P.M. (Deputy Supervisor Homart expressed his appreciation to Councilman Pe!l for coming to the meeting today inasmuch as he was just released from the hospital yesterday: and it' is good to see him back on his feet.) Vote of the Town Board: Ayes: Councilman Peli, Councilman Dru~ Deputy Supervisor Homart, Justice Doyen~ Justice Suter. Absent: Supervisor Martocchia. This resolution was declared adopted.