HomeMy WebLinkAboutTB-12/05/1978DEC 5
SOUTHOLD TOWN BOARD
December 5, 1978
Morning Session
10:30 A.M. the Board met with Richard Young, Vice President, TM..
Communications, and Richard T6thill, CATV Engineering Department
Representative relative to the proposed rate increase and other
items outlined in the TM Communications letter of November 30,
1978 to Supervisor Albert Martocchia. It is expected a date for
a public hearing will be set at the December 26th Town Board meeting.
Mr. Joseph Zaremski of Chemical Bank, Southotd met with the Town
Board to discuss collateral'in escrow collateral a~counts.---A
resolutiOn with r&spect to this matter was adopted by the Board at
regular meeting held on April 11, 1978.
A regular meeting of the Southold Towh Board was held on Tuesday,
December 5, 1978 at the Southold Town Hall, Main Road, Southold,
New York. Supervisor Martocchia opened the meeting at 3:00 P.M.
with the following present:
Supervisor Albert M. Martocchia
Justice Martin Surer
Councilman James Homan
Councilman William R. Pell III
Councilman Henry W. Drum
Town Attorney Robert W. Tasker
Town Clerk Judith T. Terry
Absent: Justice Francis T. Doyen
On motion of Justice Suter, seconded by Councilman Drum,~it was
RESOLVED that the minutes of the Southold Town Board meeting held
November 21, 1978 be and'hereby are approved as submitted.
Vote of the Town Board: Ayes: Counci%man Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Homart, seconded by Councilman Pell, it was
RESOLVED that the.next.regular,meeting of the Southold Town Board
will be held at 3:00 P.M., T~sday, December 26, 1978 at the Southold
Town Hall, Main'Road,' Southo~, 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.
Supervisor Martocchia stated that this meeting will be recessed
after all business has been taken care of to allow the Board to
audit the bills.
On motion of Councilman Drum, seconded by Councilman Homan, it was
RESOLVED that the November 1978 reports of the Supervisor, Town Clerk,
Building Department, Board of Assessors, and Justice Suter be accepted
and ordered 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 duly adopted.
Supervisor Martocchia:
~-- 1. Receipt of a letter from Nmw York State Smnator Kenneth P.
~aValle inquiring as to whether the Town Board wishes legislation
introduced in the 1979 session,, which was introduced in the 1978
session and passed by.the Assembly but did not pass the Senate.
This legislation is~AN ACT in relation to authorizing the governing
body of the Town of Southold to make certain permanent appointments.
,for..~.~e position of police officer (the governing body of such town
may require that resident eligibles, of such town be certified first
for appointment.)
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the Town Board of the Town of Southold request Senator
Kenneth P. LaValle to reintroduce legislation on behalf of the Town
of Southold requiring permanent, appointments for the position of
police officer in Southold Town be considered first from a list of
'l%esident eligibles of the Town of Southold.
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.
'. 2. A letter was received from-.~0uthampton Town Supervisor
i~ relative to,legislation to be c~nsidered'for the 1379
session relative to residency req6ire~ents for police officers.
Mr. Lang's version of th{'~ l~w would.'state t~at ~he ~andidate reside
within a,radius of 30 miles from the geographical senate of the
hicing municipality.---The Board prefers the proposed legislation
as recommended to Senator LaValle.
3. There will be a meeting of the Suffolk County Supervisor's
A soci tion at MacArthur Airport on Thursday, December 14~h to discuss
the abc~liltion of the Suffolk County Legislature
4. Letter from the U.S~ Department of Commerce advising of
the_waiver of ten percent minority requir.ement on the EDA PrQject
(town h~ll addition). There 'have not been enough minority cO~tractors
to handle the ~v~zlabel jobs.. The Department of Commerce has credited.
5. Request from John M. DSVello, Mattit~¢k for a street light
in Mattituck. This request has been referred to the street lighting
committee.
6. Letter from Island Investigating Service, InD~ relative
to a ~laim by a worker?.'at the Tow~ Hall addition ~yainst Minnesona
Construction .Corp,. and Town of.southold. The specifications of the
contract requires the contractor to provide insurance so any claims
of accidents would be against those cmrriers and not the Town.
7. Notification from the New York State Department of Environ-~
menta% Conservation of complete application of Raymond Pluschau,
Narrow River Romd, .Orient for permission to cons~uc't'kimber bylkhead
and dredge in front of the Bulkhead at Hallock Bay on Narrow River
Road, Orient. Also letter from the NYS DEC of Negative Declaration.
Notice of Determination of No. Significance wi~h regard to the afore-
mentioned application.---This will be referred to the South01d Town
Truatees and Conservation Adivory Council for their comments.
On motion of Councilman Homart, seconded by Justice Suter, it was
RESOLVED .that the name of Anthony Blados. Cutchogue, New York, be
and hereby is recommended to Ronald Buckingham, Director of Fire
Safety, Yaph~, New York, as the Sou~hold Town representative to
the ~lk County Fire Advisory B~a~'~. ' ......
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen.
This =esolution was declared duly adopted.
Supervisor Martocchia:
8. The N~w.york State Fire Prevention Code has been supplied
to all Board members for s~. Perhaps at the next meeting
the Board will take a positi~ on the request of the Fire Chiefs
Council for the Town to adopt a fire prevention code.
9. The Suffolk County Supervisor Assop~ation met on November
16th at Cold Spring Harbor. The subject of~the meeting was the
~Moto~ Vehicle Repai~ Shop Act.
10.' Letter ~ro~ ~h'~ 'Fanny' gehlen Community Health Center
stating they would like an opportunity to make a .presentation to
the Southold ~own Board relative to the .proposmd mann-r_---They
will be invited to a future board meeting.
11. Letter from the New ~ork S.~ate~D~Partment of Environmental
Conservation relative to the promosed Fishers Island Sewage Plant.
The letter suggests certain changes to be made in the Grant Application.
12. _~ from Councilman Noman on the strmmt liEhtin~ pro,ram
in Southold Town.---Councilman,Hdma~'~'s~ated the Town has saved a
great deal of money on street lights, but not as much as we can
as there is not enough money to spend.
13. Request from Sal Ariosto. Wiggins Lane, Greenport, for
installation of a fire hydrant mn that street.---Supervisor Martocchia
and Councilman Pell will study the request.
Moved by Justice Surer, seconded by Councilman Drum,
WHEREAS Whitcom Investment Company applied to the Southold Town
Board for a permit under the provisions of the .Wetland Ordinance
of the Town of Southold, application dated September 12, 1978,and
WHEREAS, said application was referred to the Southold Town Trustees
and the Southold Town Conservation AdvDsory Council for their findings
and recommendations, and
WHEREAS, a public hearing was held by the Town Boarc with respect to
said application on the 21st day of November 1978, g which time all
interested persons were given an opportunity to be hemrd,
NOW, THEREFORE, BE IT RESOLVED, that Whitcom Inyestment.Cp~panM, Time &
Life Building, Rockefeller Center, New'York, be.granted p~rmission under
the provisions of the Southold Town Wetland Ordinance to provide for a
50 foot road with a gravel bed not in excess of 30 feet along the
westerly portion thereof as an access road to a propoSed minor four
lot subdivision on the north side Main Road, New York State Route 25,
Orient, New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen4
This resolution was declared duly adopted.
Moved by Justice Surer, seconded by Councilman Pell,
WHEREAS, William W. Schriever, by application dated July 20, 1978
petitioned the Town Board of the Town of Southold for a change of
zone on certain property istuated at Orient, New York, from "B" -
Light Business District to "A" Residential and Agricultural District, and
WHEREAS, the said petition was referred to the Southold Town Planning Board
and the Suffolk County Department of Planning for official recommencation
and report, and
WHEREAS, the Town Board~ Oursuant to due notice, held a public hearing
thereon on the 21 st day o3 November 1978 at 7:45 P.M., at which
time all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED, that William W~ Schriever be and he
hereby is_granted a chanKe or,zone from "B" Light Business District
to "A" Residential and Agricultural District on certain property
situated at Orient, New York, and bounded and described as follows:
BEGINNING at a point on the westerly line of Tabor Road, said point
of beginning being 437.59 feet south along said westerly line of
Tabor Road from its intersection with the southerly line of Main
Road; proceeding along said westerly line of Tabor Road the following
two courses: (1) South 0 degrees 38 minutes East 334.10 feet, and
(2) South 8 degrees 06 minutes 30 seconds East 104.76 feet; thence
along other lands of the petitioner the following three courses: (1)
South 82 degrees 32 minutes 20 seconds West 233.57 feet, (2) North
0 degrees 38 minutes West 459.74 feet, and (3) North 87 degrees ~7
minutes 30 seconds East 218.37 feet to the westerly line of Tabor
Road and the point or place of BEGINNING. Containing 2.27 acres,
together with such other land of the petitioner to the west of the
westerly tine or.the above described parcel as it may be determined
lies within the bounds of the "B" Light Business District.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervsior Martocchia. Absent
Justice Doyen.
This resolution was ~eclared duly adopted.
Supervsior Martocchia:
14. A report haa been submitted relative to legal advertisiny
~fees following a review of their charges and Councilman Pell and
Supervsior Martocchia will review the reporl.
15. Letter from the New York State Public, Employment Relations
Bomrd relative to a~prehearing on PBA charges.
16. Letter from S~ffolk County Department of Environmental
,Control relative to complaince at the disposal area.--A copy has
been sent to Highway Superintendent Dean's office.
On motion ~ Councilman-Homan, seconded by Councilman Drum, it was
RESOLVED that the followinK transfers be and hereby are authorized:
Transfer $80.00 from Justice Contractual All10.4 to Town Board Al010.4
Transfer $11,672.70 from General Fund J~Contingent A1990.4
to the following] $408.10 to Assessors A1355.4 Contractual'
$2,1564.95 to To~AttorneyA142fli'4'Contrac.tual
$200..00 .to Eng~nee~Al~fi.'4'.Contractual
$666.43 to Build~ng~ ~1620.4'Con.tractual
$5,331.92 to Street ~igh~!ng A5i82.'4 Cont'ractual
$1,395.01 to Diaposal Area A8160'.4 Contractual
$6.29 to Programs for Aging A6772.4 C0n~ractual
$1,100.00 to To~ Clerk A1410.1 Pers~onal $'ervices
Transfer $170.0~ from Ne~ York~State Ret~remenn A9060.8 to Hospital
and Medical Insurance.
Vote of the Town Board: Ayes: Councilman Pell, Councilman DrUm,
Councilman Homan, Justice Suter, SUpervsior Martocch~a. Abs-ent:
Justice Doyen. This resolution was declared duly adopted~
R~EE~n pf Councilman Homan, seconded by Jus-tice S~ter, it
~o~v~o t~at the following t~ansfe~s beand h.eres? are 'author'%zed~
Transfer $1,200.84 from General Fund, ~grt TOwn Safety-Inspection
B3620.4 to the following: $939.40'to Police'B31201.41C0nt=actual
$167.42 to Bay-Constable ~313'0.4 Contractual
- $94~02 to Zoning B80I'0.4 Contractual
Transfer from Planning Equipment B8020.4 $406.'47 to Planning'BS020~4 Contr.
Transfer $19,000...00 to Poli~e Salaries B3120..1 Personal Services
from:Bay Constable B3110.1 Pers:onal Services '$500.00
Safety Inspection B3620.1 Personal Services $8,000.00
Zoning B8010.1 Personal Services $1,000.00
Contingent B1990.4 $8,000.00
Bay Constable B3130~2 Equipment $1,500.00
Allocate from Antirecession PW4720 Title II $8,130.00 to Police
B3120.t Personal Services.
Vote of the Town Board: Ayes: Councilman PeI1, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent;
Justice Doyen.
This =esolution ~as declared duly adopted.
On motion of Councilman Homan, seconded by Councflman PeI1, it was
RESOLVED that the following_~ be and hereby are authorized:'
Transfer to Repairs, Docks & Buildings,..Figh~rs Isl'and F~rr¥~
.District $1477~85 from: Refrigerated Truck $1,000.00
Hospitalization $415~00
Social Secuirty $62.85
Transfer from Unexpended Balance' Fishers Island Ferry District
$21,634'.78 to Payroll $2,170.00 and Operation Ferry $19'~4~4.78
Vote of the Town Board: Ayes::Councflman PeI1, Councilman Drum,
Councilman Homan, Justice Surer,~ Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted~
On motion of Councilman Homan, seconded hy Councilman Pell, it was
RESOLVED that the following.transfers be and hsreby are authorized:
Transfer $777.43 from Hiqhway Item I, DR5110.1 Personal. Services
to Highway Item I; DR5110.4 Contractual.
Transfe~ to Highway Item III, DM5130.4 Contractual $4,824.21 from:
Item IV, DS5142.1 Personal Services
Item IV, DS9030.8 Social Security
Item III, DM5130.1, Personal Services
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervsior Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that authorization be and hereby is given to the Commissioners
of the Fishers Island FerryT~District to ~vertise for bids for a new
_radar for the Motor .Vessel Olinda ~t ~ '
an approxmmate cost of $4,000.00
Vote of the Town Board: Ayes: Councilman Pell, Councitamn Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared duly adopted.
Supervisor Martocchia:
17. The term of William Robb, Board of Assessment Review~
expires on December 31st. Mr~ Robb has not been contacted to see
if he is interested. No action will be taken at this meeting.
Supervisor Martocchia announced that resumes will be accepted for
this position, to be ~eceived before the next board meeting on
December 26th.
On motion of Justice Surer, seconded by Councilman Homan, it was
RESOLVED that pursuant to the provisions of Section 284. of the-
Hi.g_~3~ay Law, the South01d Town Board agrees that moneys levied and
collected for the repair and improvement of highways, and received
from the State for the repair and improvement of highways, shall be
.expended as follows: General Repairs - the sum of $591,500.00 may
be expended for general repairs upon 177.71 miles of town highways,
including sluices, culverts and bridges having a span of less than
five feet and boardwalks or the renewals thereof.
Vote of the Town Board: No: Councilmah Pell - Councilman Pelt
stated he is voting no because he has not had time to study the
request. He realizes it is a standard form but knows nothing
abou~ it. He urged the remainder of the Board t~o wait until the
next meeting so he will have time to study it.
Justice Suter Withdrew his motion on the foregoing resolution and
Councilman Homan withdrew his second to the motion.
~Mr~. Ange Panagopoulos, East Marion, protested the local law adopted
~aising th~ doq license fees. He stated a public hearing was held
and there was opposition to the raise in fees.--- The Board advised
Mr. PanagOPoulos that there were very few people in attendance at
the hearing who spoke in opposition.---Mrs. Marie Johnson stated
that there were people present in opposition that did not speak
out but were obviously opposed.---Mrs. Johnson was advised that
they must speak out and make their thoughts known.---Mrs. Gladys
Csajko said the license law was not well advertised.---Supervisor
Martocchia stated they obeyed the law and it was legally advertised.---
Mrs. Csajko feels the new law should be studied more thoroughly by
the Town Board as there are a lot of good benefits in it.
Mrs. Csajko asked about thewS53,000.00 the Town of Southold is getting
from the County of Suffolk to hire yQunq people between the ages of
16 and 19 who are on probation.~--Supervisor Martocchia said he did
not know much about it, it si a project being worked out by Highway
Superintendent Dean/---Mrs. Csajko objects to this type of program,
they are paying over $3.00 per hour which is higher than the minimum
wage, and good kids are unable to find a job even for minimum wage.---
Supervisor Marotcchia stated this is a make work program and they
are at work now for the Highway Department.---Justice Suter stated
that Judge Abrahams, the Administrator of the Family Court expressed
the same feelings as Mrs. Csajko. This is a Probation Department
program. All Mr. Dean was asked to do was provide a means to put
these people to work. To put these people to work rather than jail
saves the taxpayer a huge amount of money.---Mrs. Csajko asked if
a highway employee would supervise these people?---It was stated
the highway employees would not supervise them, it will be someone
designated by the County Labor Department, all Mr. D~an will do is
dseignate the projects for them to work on.---Mr. Panagopoulos
suggested that the town justices review the records of the individuals
to see if they would be allowed to work in the town.---Supervisor
Martocchia said he would ask Mr. Dean's office to find out more
about the program and bring the Town Board up to date.---Mr. William
Weinheimer ~uggested that Mr. Dean withdraw from the program.---
~r. David Driscoll stated that Mr. Dean should keep the ToWn Board
better informed about such a program involving $53,000.---Councilman
Pell stated that two or three months ago Superintendent Dean told
the Board he was going to apply for the program, and utilize the
individuals to do work that his department normally would not have
time to d~--Consid~able discussion on this subject ensued.
~Mrs. Marie Johnson asked what is happening with the police salaries?---
Supervisor Martocchia stated that the last he heard they are going to
~indin~ artibration.---Discussion relative to the negotiations being
open to the public.
Mr. David Driscoll said he understood a police car was in an accident
~uring th~ recent snow storm. Did this police Car have snow tires?---
Chief Cataldo said the car did havec snow tires.--Mr. D~iscoll further
discussed snow tires for the police cars with the Board and Chief
Cataldo.
.Mr. Paul Stoute~burqh, Cutchogue, Southold Town Trustee, passed out
"An Information Folder on Docks~ Filling, Dredging, Mooring, Bulkheads,
~lteration. of Wetlands' by the Nort'h For~ Environmental Council, Inc.
Mr. Stoutenburgh asked that the Clerk of the Town TrUstees, Mrs. Brush
be allowed to put these pamphlets in correspondence when there is an
· nquiry about a permit in the Town. People have no idea what they
are supposed to do in situations as outlined in the pamphl'et. Thfs
is an educational type of pampht'et.--~Counlcl~an HD~an S:a~d he feels
there might be a peoblem as on the back of the. p~mph~et 'there is
an application for members:hi.p the the NOrth Fork En~onmenta]~
Council, Inc.---Town Attorney Tasker skated th~at '~ the~ Town ~were
going to distribute this pamphlet tke application wo~ld have to be
deleted.--Mr. Stoutenburgh said that would be done, then would it
be permissable?---I't was suggested the_T~L~_~s and .Conservation
~divsor¥ Council should review such a pamphte~ tm determine that
the views of the EnVironmental Council do not con~iict with their
views.---M~r~ S~pt~pburgh said he p.r~sefited'these~to At,ah ~o'ld's~ith
a year abd ~'half ~o ~nd ~e said it was~very i~mporta~t piece of
material, is needed, and wished they had it many many years' ago.~---
Mr. Stoutenburgh said he has brought th.~s before 'theTrustees and
nothing has come of it and it is recorded in the m~nuteS of th_e'
Trustee meeting.---Mr. Stoutenburgh was asked to draw-some~hfn~
up and submit it to the Town Board for consideration,-and they
will review it with. the agencze.s concerned.
On motion of Councilman Homan, seconded by Justice surer, it was
RESOLVED that a recess be called at '4:30 P.M., meeting to reconvene
at 5:30 P.M.
Vote of the Town Board: Ayes: Councilman Fell, Councilman Drum,
Councilman H~man, Justice Suter, 8'upervisor MartocchZa~ Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Pell~ seconded by Councflman HDman, it was
RESOLVED that the following audited bills be and hereby are ordered
~ General Fund Whole Town bills in the amount of $30,692...68;
General Fund Part Town bills in the amount-of $9,323~04; HighWay
Department bills in tho amount of $7,6t6.56; Fishers Island Ferry
District bills, in the amount of $25.,144.94; Fe.de~al Revenue. S~'a'ring
bills in the amount of $2,021.81.
Vote of theI Town Board: Ayes: Councilman Fell, ~Counclilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocch~a. ASsent:
Justice Doyen.
This resolution wes declared~duly adopted.
On motion of CounCilman Homart, 'seconded by Councilman Fell, it was
RESOLVED that the Town Board shall hear appeals r~gard~ng denial of
access to records '~nde~ th-~'"Fre.e.dom of Information Law', as- set forth.
in Chapter 73 of'the Code of the Town of Southold,'Records, Public
Access to, Section 73-8.
Vote of the Town Board: Ayes: Councilman Pelt, Councilman Dr'u-m,
Councilman Homan, Justice SUrer, Supervisor M~rt~cch~a. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Counci[lman Fell, it was
RESOLVED that there being no furthar bu~i.ness ta come b~fore this
Town Board meeting adjournment ba called at 6:30 P~M.
Vote of the Town Board: Ayes: Councilman PET1, .counc~l~man Drum,
Councilman Homan, Justice Suter, Supervisor' Marto~cch~a. Absent:
Justice Doyen.
This resolution was declared duly adopted.
Town Clerk