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HomeMy WebLinkAboutTB-03/13/1979233 SOUTHOLD TOWN BOARD March 13, 1979 A regular meeting of the Southold Town Board was held on Tuesday, March 13, 1979 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 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 Homan, seconded by Justice Suter, it was RESOLVED that the minutes of the Southotd Town Board meeting held FebrUary 22, 1979 be and hereby are approved as submitted. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyne. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, March 27, 1979 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen~ This resolution was delcared duly adopted. On motion of Councilman Homan, seconded by Couhcilman Pell, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in teh amount of $29,185.88; General Fund Part Town bills in the amount of $11,410.78; Federal Revenue Sharing bills in the amount of $20,415.00; Fishers Island Ferry District bills in the amount of $23,t36.44; Highway Department bills in the amount of $19,278.59. Vote of theTown Board: Ayes: Councilman Pell, Councilman D~um, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the following reports for the month of February 1979 be accepted and placed on file: Supervisor, Town Clerk, Building Department, Highway Department, Police (incomplete~, Dog ~ardenf Fishers Island Ferry District, Assessors, Bay Constable, Jus~cice Suert, Trustees. Vote of the TOwn Board: Ayes: Councilman Pell, Councilman Dru~, Councilman Homan, Justice Suter, Superivsor Martocchia. Absent: Justice Doyen. This resolution was delcared du~y adopted. On motion of Councilman Drum, seconded by Councilman Homart, it was RESOLVED that Clifford Motors, Inc., Clifford, Pennsylvania, the lowest bidder for police cars be and hereby is awarded the bid for supplying the Town of Southold with six (6~ 1979 Chrysler Newport police cars, taking in trade five cars, at a total price of $31,585.84; and be it further RESOLVED that the requirement for the location of service and repair facilities to be within twenty-five highway miles from Peconic, New York be and hereby is waived. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homart, Justice Suter, Supervisor Martocchila. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Homart, seconded by Councilman Drum, it was RESOLVED that Port of Egypt Marine, Inc., Route 25, Southold, New York, the lowest bidder for two outboard engines~ be and hereby is awarded the bid for supplying the Town of Southold with two new 1979 85 HP Johnson V4 outboard engines Model 85TL79, with Power Trim and Tilt, including installation of motors and new command center controls for power trim and tilt and freight charges, including trade in of two 85 HP used engines, at a bid price of $3075.00 Vote of the Town Board: Ayes: Councilman Pell, Councilman DrUm, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This rsolution was declared duly adopte.d Supervisor MartocchSa: 1. The bids were opened for the sale of the police boat "Blue Belle". The Board has not taken a position on accpeting or rejecting the bids. 2. The Town Board Negotiating Committee has approved a Memorandum of Agreement with the C.S.E.A. There are a few-items left for discussion, therefore, before the Board asks the Town Attorney to prepare the contract, Supervisor Martocchia called for a meeting with the TownBoard Negotiating Committee at 1:.15 P.M. Wednesday, March 14th. Councilman Pell and Justice Surer are on' the Committee with Supervisor Martocchia. 3. Letter from Pebble Beach Realty, Inc. requesting the release of performance bonds for the subidivision ~Pebbte Beach Farms" At the present time all the necessary reports from the Planning Board, Highway Superintendent, Town Engineer and Highway Committee have not been received. 4. Supervisor Martocchia reported that the equipment has been removed from the "Blue B~lle", inventoried and stored securely. On motion of Councilman Homan, seconded by Councilman Drum, WHEREAS, the Town Board concurs with the recommendation of the Chief of Police following a hearing held by the Chief of Police charging Police Officer John Droskoski with a violation of Rule and Regulation Article VIII, Section 12 in that he was absent without authorized leave, and recommending upon the agreement of Officer Droskoski to-waive a disciplinary hearing before the Town Board and agreement to accept the recommendation of the Chief of Police for a'forfeiture of one days pay penalty,.-now, there~fre, be it RESOLVED that Police Officer John Droskoski be forfeited one days pay. Vote of-the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:' Justice Doyen. This r~solution was declared duly adopted. Supervisor Martocchia: 5. Receipt of a letter from the Association of Towns of the State of New York requesting budget and tax rate figures for town abd highway items for the years 1976-.77-78-79. -~'~ 6. The Town Board has been invited to participate 'in the ribbon cutting ceremony at.the Port of Egypt Boat Show March 16th. On motion of Justice Surer, seconded by Councilman Drum, it was RESOLVED that Supervisor Martocchia be and he 'hereby is authorized to apportion the expenditure of recreation funds helt~e.en the various leagues - Little League, Slo-Pitch, gymnastics~ soccer leagues. Vote of the Town~Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Justice D~yen. This resolution was declared duly adopted. Supervisor Martoc~hia: 7. Letter from the American National Red Cross, Suffolk. County Chapter stating they will be sponsoring a Haaltk'Screenlng Week during the week of April 2, 1979. The setting for the Fair will be conveniently located in hospitals, community centers, shopping malls, schools and employer sites. Some of th~ massive testing to be available Will be height and weight measurement, blood pressure, visual acuity and anemia, hearing, glaucoma and cancer screening. n motion of Councilman Drum, seconded .by Counci~n Homan, it was RESOLVED that SuperVisor Albert M. Martocchia be a~horiz-ed to invite Mr. William C. LaRow, P.E. Assistant Chief, Bureau of Sewer~.Programs, Division .of Pure Waters, N.Y.S. Department of Environmental Conservation, Albany, and Mr. Michael Bonchonsky, Chief Program & Toxic Integration Branch, U.S. EnvironmeNtal Protection Agency, New York, tO~'appear before the Southold Town Board at 4:00 P,M., April 11, 1979 for a brief presentation and 7:30 P.M. for a formal presentation on the matters discussed at the EPA meeting at Princeton, New Jersey concerning waste water, cesspool sludge, solid waste and disposal area problems. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homanw Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. Supervisor ~artocchia: 8. Letter from Holzmacher, McLendon and Murrell, P.C. stating they will be meeting in New York City on March 19th with the United States Environmental Protection Agency to discuss the Town of Shelter Island's request to dispose of its scavenger waste in conjunction with the on-going 201 Facilities Study in the Town of Soutkold. 9. Letter from the Southold Town Nutrition Program inviting the Southold Town Board to join them in c~lebrating their Fifth Anniversary with dinner and a special program at 12 Noon March 21st. 10. Letters from the New York State Department of Environmental Conservation relative to applications of Steve Mitacchi6ne and Joseph Mitacchione, Eugene's Road, Cutchogue, for permission to construct a one family dwelling, requesting the Town Board to indicate whether or not they d~Sire lead agency status. This matter has been referred to the Buildin~ Department to handle as lead agency. 11. Notice of Order from the New York Stat~ Department of Transportation, Traffic and Safety Division, establishing a one-way roadway at Laurel Elementary School from Route 25 to the right-ofr way line of Route 25 for traffi~ proceeding in a northerly direction. This action is bein~ taken during the construction of the new highway. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED th.~t the resignatioh of ~ohn F. Mulhall as a member of th~ Soutkold Town Conservation Advisory Council be and hereby is accepted, and a letter be sent to Mr. Mulhall thanking him for his services on th~ Council. Vote of the Town ~oard: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Dpyen. This resolution was declared duly adopted. On motion of Councilman Pell, seconded by Justice Suter, it was RESOLVED that the resignation of Lois A. Mellas, Dog Warden, effective March 31, 1979 be and hereby is accepted and a letter be sent to Miss Mellas thankin~ her for her fine services and expressing regret upon her resignation. Vote of the Town Board: AyeS: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was delcared duly adopted~ On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that the resignation of Jean A. S~hneider, Account Clerk, Office of the Supervi~or~ effective March 31, 1979 be and hereby is accepted, and a letter be ssnt to Mrs. Schneider thanking her for her fine services and expressing regret upon her resignation. Vote of the Town Board: ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was delcared duly adopted. Supervisor Martocchia: 12. L~tter from William McDermott, Osprey Nest Road, Cleaves Point, East Marion relative to floodin~ in the Cleaves Point development. This letter was r'eferred to Highway Superin- tendent Dean for investigation. 13. Letter from Peter R. Stoutenburgh, Akerly Pond Road, Southold relative to the drainage problem on lower Ackerly Pond Road. This letter was erferred to Highway Superintendent Dean for investigation. 14. Letter from Arhtur J. Sharp, Route 25, Southold requesting a directional' sign marking the hamlet of Southold. Tke Board d~rected tka~ ~ le~ter~ be sent t~ ~he New-Y-ork/State Department of Transportation requesting a directional Sign "SOUTHOLD" be placed on.the New York State RoUte 25 at the Southold/Peconic boundary directing th~ public east to the hamlet of Southold. 15. Letter from the Suffolk County Department of Public Works stating their department is preparing plans for the construction of existing bulkheading loca~ed!~at:-the Suffolk County Community Collete, Marine Science Technology Center, Cedar Beach, Southold. 16. Receipt of a Notice of Claim from John S. Lockman and Virginia K. Lockman, his wife stating there was damage to the claimant's property on Leeton Drive, Southol~ due to the inter- ference by the erection of-the jetty at Goldsmith's Inlet and the Town's failure to remove same after request. 17. Receipt of a Notice of Claim by Brian Robbins, Cutchogue, relative to an automobile accident on Chapel Lane, Greenport. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that~S~pervisor Albert M. ~Martocchia 'be and he hereby is authorized to enter into a contract with Kreiger Well and Pump Corp., Mattituck, New York for the relocation of an irrigation well and pump fr~Town oWned land (formerly Lillian A. Gozelski!) onto the property of ~rs. Gozelski, south side Peconic Lane, Peconic, for a total cost of $2,200.00 Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly ad'opted. Supervisor Martocchia: 18. Notice from the Department of the Army, Corps of Engineers upon application o'f Stephen J. Gaimbar, for permission to maintenance dredge and beach nourishment on'West Creek Avenue, Wickham Creek, Cutchogue. Comments by' April 7, 1979. 19. Letter from A1 Mould, Village' Lane, Orient, requesting the establishment of an historic district commission. The Super- v~sor expects to appoint a committee some time in April. On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that the Town Board of the'Town of Southold accepts the proposal of Jean Tiedke, Southold, New York, to: volunteer her time preparing for and attending hearing sessions in the LILCO-Jamesport case; prepare whate~er documents may be considered vital to the interests of the Town, including cross examination questions, without compensation for her time; only requiring out-of-pocket expenses such as mileage, lunch~money and telephone calls. Final typing and copying of documents, except short responses, will be provided for by the ToWn, and postage to be paid for by ~he Town. Virginia B. Moore, President, North Fork Audubon Society read the following letter to the Board: '"Dear Mr. Martocchia and Members of the Board: This is about the possibility that the Town of $outhold will no longer ba represented at the ~enewed State hearings on James- port because of ~xpense in paying our representative there~ Jean Tiedke. The North Fork Audubon Society believes that to give up now would be unthinkable in principle. Further, it would be a poor ecomony. Through what it is already costing our townspeople ~s ratepayers just to h~lp LILCO pay for finishing Sh0reham, we have a taste of the true financial cost of tomorrow's nuclear plants. And, despite the delusions of the present Riverhead Town government to the contrary, we as taxpayers -- particularly~in Southold -- would certainly have to pay a heavy toll in many ways for those plants, including the need for added schools and community services. All this would be for two plants that no one but LILCO seems tc believe Long Island needs. It is a further strong economy to the Town to have had Mrs. Tiedke's able, full-time service in these hearings for $50~ a-hearing day-- maybe 5% of what a lawyer would have to charge. Despite her unselfish offer to work only for expenses now, and recognizing the interest we<~all have in economical government, it ~eems to us a shame not ~o continue ~rs. Tiedke on the same terms. For now, and in the long run, that is ecpnomical government. Sincerely, Virginia B. Moore~ President, North Fork Audubon Society, Box 973, Mattituck, New York 11952" ~arie ~ohnson, Southold, spo~e on ~ehalf of t~e ~eague of ~ome~ Vote;s, ~t~t-~n~ the7 a~.e..abs~l~tely~i.~e~rrified that the Board is willing to ac~pt M~s~i"'~!~edks.~s ~f~e~ ~.t'o ~tt.endin~ the hearings without any pay. She is a 'real expert in her field and has done an incredible amount of work in ~hs area and she should be paid by the Town to i% as every o~her consultant is paid. The League protests the Board's doing th~s. 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 Ma~tocchia: 20. The Town of Southold has received a continuation permit until March 1, 1984 for the Scavenger Site, Route 27A, Cutchogue. This permit is issued by the ~ounty of Suffolk, Department cf Health Services. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that John Raynor, East ~arion, New York be and he hereby is appointed ~adio Operator fro the Southold Town Police Department for the Suffolk County Civil Service List, effective March 16, 1979. at an annual salary of $8,000. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Pell, seconded by Justice Surer, it was RESOLVED that Gary Charters, Greenport, New York be and he hereby is appointed Radio Operator for the Southold Town Police Department from the SuffOlk lounty Civil Service List, effective March 16, 1979 at an annual ~alary of $8,000. Vote of the T~wn Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion~;of Councilman Homan, seconded by'~Councilman Pell, WHEREAS Marina Council ~3852, Knights of Columbus, Cutchogue, New York has applied to the Town Clerk for a Bingo License, and WHEREAS the Tdwn Board has examined the application, and after investigation, duly made 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 Marina Council ~3852, Knights of Columbus, Cutchogue, NeW York. Vote of the T~wn Board: Ayes: CoUncilman Pell,'Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was delcared duly adopted. On motion of Councilman Drum, seconded by Councilman Homan, it was RESOLVED that the Town of Southold enter into a lease agreement with the Board of Commissioners, Southold Fire District, Southold New York, for the parking field surrounding the Southold Firehouse effective April 1, 1979 through March 31, 1980, to be aUtomatically extended for successive one year terms, for an annual rent of $1.00. Vote of the Town Board: Ayes: Councilman Pell, Coumcilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Justice Surer, seconded by Councilman Drum, it was RESOLVED that the Town of Southold enter into a lease a~reem~t. with the Griswold-Terry~Glover POst No. 803, American Legion, Inc. S~utho'ld, New-York, for the parking field at the Leqion' building on the westerly side of Tucker Lane, Southold, effective April' 1, 1979 through March 31, 1980, to be automatically extended for successive one year terms, for an annual rent of $1;90. Vote of the Town Boare: Aye~ Councilman Poll, Councilman Drum, Councilman Homan, Justice Su~er, Supervisor Martoc~hia. Absent: Jutice~ ~Oyen. This ersolution was declared duly adopted. 237 On mo~i0~f-~ustice Suter, seconded by Councilman Drum, it was RESOLVED .that th~ .~enio~'CitizenslCIu~, Mattituck Unit be abd ~R~eby are g~anted p~rmisSio~ to hi~e twe buses at a cost of $255..00 and $245.00 for a trip to New York City on April 18, 1979. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Justice Suter, it was RESOLVED that the Senior Citizens Club, Mattituck Unit be and hereby are granted permission to hire one bus at a cost of $316.00 for a trip to Pomona, NewYork for a clambake August 14, 1979. Vote of the Town Board: Ayes:~Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Petl, seconded by Justice Suter, it was RESOLVED that the Seniors Club of Southold-Pecon~c, Inc. be and hereby are granted permission to ~hire one bus at a cost of $248.~00 for a trip to see the Easter Show at Radio City on April 4, 1979. Vote of the Town Board: Ayes:' Councilman 'Pell, councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia: 21. Letter from Jerry S. Walker, D.V.~., Vanston Road, Cuthch~ue concerning a problem with silted waterway at Haywaters cove at the east end of Fishermsn's Beach, Nassau Point. The Supervisor met with Carl Eisenchmied, PrinCipal Civil Engineer, Division ~f Waterways, Suffolk County Department of Public Works on Monday and this is one of the matters which was discussed. Mr. Eisenschmeid will meet with Mr. Walker and other property owners in the area to discuss the problem. Councilman Drum spoke about his Ariport Committee Report'. The committee was comprised of Councilman Drum, Chairman, Franklin .... Bear, Henry Raynor and David~Spohn. Councilman' Drum thanked them for their many hours an- efforts. The purpose of~ the eommittee was ~ to determine the cost to lease or purchase l&nd and if a purchase was involved, loss ofincome from taxes, the cost to the Town, cost of building, staffing, equipping an airport to make i~ operational. In researching the funding the Committee f~und that the FAA does have a program for funding airports. The program at present goes through f~scal year '80. However, the FAA does ~ticipate that airport d~velopment funds will be provided in subsequent years. This particular bill, legislation, does provide funding of 80% of al allowable pro~ect. New York State would normally fund 15% of ah allowable project. This leaves approx- imately 5% to the community of'an approved project. At present there is the Tri-State Regional Planning~ommission ~s undertaking a general aviation study in the entire County of Suffolk. To qualify for federal funds the need for an airport must be identified in this study. We have received correspondence from the Tri-State Commission that our area will be included in the study. The duration of this is about 12 to 15 months~ After the study, and if our area is included and the need is identified Southold Town, then wo~ld consult with the' FAA. There are Certain other requirements that are laid down before you can qualify for federal funds. Engineering study is necessary, environmental a~sessment and the bill is very specific where it says an airport project may not be approved without a public hearing for the purpose of considerin~ the economic, ~ social and environmental affects of an airport location. These are the important factors of interest to everyone. Two of the airport ~-~-~ committee members are here at the meeting. After the meeting this could be discussed in de~ail. Supervisor Martocchia: 22. Letter from the New York State Department of Environmental Conservation stating there will be a meeting at 10:00 A.M., Ma~ch~ 22, 1979 at building "F" on the main Stony Brook Campus.~for %h~ purpose of p~suing a regional solution to solid waste management° 23. Letter from the New York State Commission on Cabl~ Television ~n reply to a letter from the Town Clerk questioning whether the Long Island Cablevision Corporation is meeting thsir standards and asking when the State Commission last made a check 1 of reception and signal strength and the result of such a check. The commission states that on ~July i9, 1978 members of their division conducted technical tes~s~6~the Gre~npOrt system including htat portion of the system, serving Southold. At the time of testing, the system performance was deficient in three areas defined by the Commission's technical standards~ Long Island Cablevision was notified of the deficiencies on August 25th and on October 27th they replied stating that the areas of non- compliance had been corrected and the System performance was well within the Commission's~rules. 24. Letter from Scheyer, Jellenik a Attonito re.t&tive to Angelo A¢cardo (Taurus Homes, Inc. v. Town of Southold and H.B. Walters, Inc. Mr. Accardo owns property on Nokomis Road, Southold next to Mr. Walters who operates a junk yard on his property. Mr. Accardo claims this is a dangerous condition and 19 years ago Mr. Walters was ordered to erect a hedge-fence but did not do so. This is being referred to the Police Depart- ment for investigation. 25. Letter from the Long Island Regional Planning Board' relative to Small Cities CDBG Discretionary Grants, requesting additional information f~m each community on how each applica- tion will address the impact of the program on specific minority populations. This letter is being referred to our consultant Kerron Barnes for reply. on mo~ion 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: 500' - 12" co-rugated drainage pipe with bands 500" - 18" corrugated drainage pipewith bands. Vote of the Town Board: Ayes~ Councilman Pelt, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Pell, seconded by Councilman Drum, it was RESOLVED that.the Superintendent of Highways of the Town of Southold be authorized to advertise for bids for the'following: 15 - 3'x8' Drainage Rings 10 - 4'6" x8' Drainage Rings 15 - 3'6" x8' Drainage Rings 10 - 3'6" x8' Drainge Rings Vote of the Town Board': Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was deQlared duly adopted. On motion of Justice Surer, Seconded by Councilman Drum, it was RESOLVED that the Superintendent of Highways of the Town of Southcld be authorized to advertise for bids for the following: One Tractor Mower. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, JUstice S~ter, Super~±sor ~artocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Homan, it was RESOLVED that the ~~tendent of the Town of Southold be authorized to advertise for bids for the following: 10,000 gallons, more or less as may be needed, for the Highway Department and the Disposal Area of Diesel Fuel. Vote of theTownBoard: Ayes: CounCilman Pell, Councilman Drum, Councilman Homan, Justice Sutsr, Supervisor Martocch~a. Abs~t: Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia: 26. Notice from the Department of the Army, Corps of Engineers upon application of Mrs. Dorothy F. Staples for maintenance dredging at Sterling Creek, Greenport. Cor~ments by April 7, 1979. Councilman Pell will investigate the project. 27. Notice from the Department of the Army~ Corps of Engineers upon application of Salvatore C. P~ato for permission to bulkhead, dredge, fill, construct a ramp and float arrangement at ~ordham Canal, Greenport.~ Comments by April 7, 1979. Councilman Pell will investigate the project. (Item 44 on the agenda has been deleted, it was acted on at the February 22nd meeting.) 249 28. Supervisor Martocchia designated the month of March as "Red Cross Month" in~Sou~thold Town and the following proclamation wili be~ published in the local newspapers: WHEREAS, the American Red Cross has given round-~he-clock service to our Military Personnel whereever troops are stationed, at home or abroad, standing by the world over, to a-sist them and their dependents; and WHEREAS, the Red Cross stands ready to come immediately to the aid of people stricken by floods, fire, or storm and provides hospitals, he&lth agencies and physicians with whole, blood and blood derivatives, thus~greatly contibuting to the health of the Aimerican people; and ~tEREAS the Red Cross in the Town of Southold, N.Y. helps keep our families safe and healthy through training i~:first aid, water safety and home nursing; NOW, THEREFORE, BE'I~PR~LAI. MED, that the month of March be known as "Red'Cross ~onth" in the Town of Southold, and I, Albert'M. Martocchia, Supervisor of the Town of Southold, urge all citizens to join with me in support of our Red Cross with our money, blood donations and volunteer service. 29. Receipt of an application for wetland permit from W.S. Gardner, Wunneweta Pond, C~tchogue. On motion of Justice Suter, seconded by Councilman Drum, it was RESOLVED that the Southold Town Board Set 3:30 p.M., Tuesday, April 10, 1979, Southold Town Hall, Main Road, Southold, New York as time and place for a public hearing in the matter of the application of Raymond W. Pluschau, .Narrow River Road, Orient, for a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to construct 68 ft.. of bulk.- heading and dredg~ approximately 120 cu. yds. to place behind the bulkhead at Narrow River Ro~d, Orient, New-~.~ork. All persons · nterested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Vote of the Town Boar~ Ayes: Councilman Pell, Councilman Drum, Councilman Eoman, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia: 30. We are awaiting receipt of data information from the firm of Robert J. Finnegan Associates and Associates, Inc. relative to the implementation of the reassessment program under the New York State Real Property Information System for the purpose of estab- lishing and maintaining full marke~ value estimates for all properties within the Town of $~uthold. Riverhead's program will cost $185,500. and they h~ve 11,000 parcels and the Town of Southold has about 17,000 parcels. On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED that the Town Board of the Town of Southold approves the action of the Board of Commissioners, Fishers Island Ferry District in advertising for bids for the annual haul-out of the Munnatawet in accordance with USCG regulations. 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: 31. Receipt of a21etter from the New York State Department of State advising they have recently been notified of NeW' York's eligibility to receive federal funds from the Coastal Energy Impact Program, setup under 1976 amendments'to the Coastal Zone Management Act. ~The Board will study the proposal further. 32. Letter from Pkrowitz & Tamborra, P.C. Norwich, Connecticut relative to a client who has not been paid for work done on Fishers Island~last summer. It was determined this referred to the constr- uction of a tennis court by Bouton Services, Inc., who was paid in full for the work performed. The client should contact Bouton Services, Inc. 33. ~ews ~ele~se from the S~ffol~ Count~ Cler~ stating the · ~wn of £buth~ld ~ill be rece±~in9 .$2~,549.0~ of ~pport±o~ed mortgage tax and interest from the Lon~ ~a~:L'~htin9 Company cove~ing t~ose properties owned by LILCO which are located in the County of Suffolk. This is as a result of litigation between the County of Suffolk and LILCO which has been resolved. 34. Letter from the Cutchogue Fire District stating they are interested in low band police car radios and would like to be con= sidered if and when the town owned radios asre disposed of in the future. On motion of Councilman Drum, seconded by Councilman Homan WHEREAS John and Olivia E~llinger-Ihar by application dated December 29, 1978 applied to the Town Board of the Town of Southold for a permit under the provisions of the Soil Removal Ordinance, and WHEREAS a public hearing was held by the Town Board of the Town of Southold upon this application on the 23rd day of January, 1978, now, therefore, be it RESOLVED that John and Olivia Fellinger-Ihar be and hereby are granted a permit pursuan~ to and subject to the provisions of the Southold Town Code,~Chapter 81, S6il Removal, for permission to remove excess material from their WOodbine Manor Subdivision, which material was removed-from a one acre: recharge basin, and two addition- al recharge basins. The property is bounded north and east by Nick and Patricia Aliano, south by Antone Harris and John Walters, and west by John Krnpski. Said permitt Shall expire on September 30, 1979. Voet of the TOWn Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. Moved by Councilman Homan, seconded by Councilman Drum, WHEREAS, Long Island Cablevision Corporation has requested that the franchise agreement heretofore entered into witk'tke Town of. South~ld be amended to increase the subscriber's rate, and to authorize Long Island Cablevision Corporation tO d~lete carriage of WPR~-TV,:~Rho'de Island (Channel 12); carry CBS on Channel t2; and carry ~ome Box on Channel 2, and WHEREAS, a public hearing with. respect to such application was held by this Board on February 6, 1979, at which time all ~nterested persons were given an opportunity to be heard, and- WHEREAS, the principal reason given by Long Island Cablevision Corporation for such rate increase was to provide additional revenue to defray ~n part the capital expenditure for the e×tensionlof its CATV system to an additional 2,200 homes, NOW, THEREFORE, BE IT RESOLVED that the franchise agreement granted by this Board to Long Island Cablevision Corporation is hereby amended as follows: Installation Charge Reconnection Charge Relocation Charge Additional Outlet Charge on March 25, 1975 P're~nt ~n'~r~a'~e'd' to $30'.'d0 $40,.00 9.95 15..00 9.95 15.~ 9.95 15.00 Monthly Seruice C'harg~e Residential Pirst Outlet 7.25 Residential - Additional Outlet 2.00 ~Motel Each Unit 2.00 8.70 2.50 3.00 (b) That such subscriber rate increases shall become effective in the month following the month in which Long Island Cablevision Corporation has obtained the approval of the New York State Commission on Cable Television and all other regulatory agencies whose approval is.required. ~c) That ghe subscriber rate increases provided for herein are subject to and contingent upon Long Island Cablevision Corporation, within two (2) years from the date when all required approvals are obtained, constructing more than sixty(6~) miles Of CATV facilities to be available to 2,200 additional homes at a total construction cost in excess of $400,000.00, the areas of the Town wherein such construction is to be aecomplished are as follows: Hog Neck, Captain Kidd Estates; Little Neck; Nassau Point; Orient Point; Luaqhing Waters; Gardiners Bay Estates; Sandy Beach, Cleaves Point; Sound View Avenue at Southold and streets in the vicinity thereof; Depot Lane; and New Suffolk Avenue. The exact streets and poles involved in such construction being shown and desginated on a schedule on file ~n the Town Clerk's Office; and it is further RESOLVED that Long Island Cablevision Corporation, by the acceptance of rate increases provided for herein, agrees that it will not seek an~ further rate increases until the construction work contemplated herein shall in all respe ,ts be completed, and it is further RESOLVED,. that .Long !~sland Cabl. evision Corporation is hereby authorized to delete ~'carria.ge of ~.~PAI~'~.,..Rhode ~stand [Channel 12')_;. carry CBS 'on Channe~ 12; and carry fiome Box Offi. ce on Channel t'2; Co~eilman Pell stated he is not against thee rate increase, everything-has gone up, but he wanted to know if there 'is any way/~e Town Board can insert some 'sort of Home Rule, if Long Island Cablevision does not live up to all tkey say they are going to do in this that we do not have to wait for thle New York State Commission to act. Is there any way on a local level we could have some ~sort of penalty involved if they' don~t, fQllo~ up or do we have to wait for the State?~--Supervisor ~artocchia stated that in recent years we have the New-York State COmmission which we never had before, they are our watch dog~---Town Attorney Tasker stated that the increased rates-that are proposed by the resolution are contingent upon them doing the work, e×tending/ths system, so if you are saying suppose they default and do not' extend the system, since the rate increase is contingent upon them doing that, I would'say that they would have to ~evert back'to the rates they now charge. On the other question of whether there are idefaults~ we have gone through that, it is in fact a violation of the'franchise. The question is what sanctions, what can we do. You can cancel the franchise 'and nobody has television.. What else are you going to do? The rate increases, by the resoltuion, are contingent upO~ doihg the construction. 'Upon the failure to do the constructi.on,~ and since the rate increase is' contingent u~on it, they would~have ~evert to the old rates.---Supervisor }{a~tocchi'a stated th'at public hearing he was able to negotiate the proposal for tfie '~ime shcedule from three years to two years.---Councilman Pe~l' s~ated that with the understanding if they do not extend the system~ the rate will revert back to the present rate, he agrees with the resolution.---Supervisor Martocqhiastated in.~is delibera~i0ns he considered the fact there was a public hearing, actually two hearings. ~ne hearing was attended~ by semen people and the.second a few more. At no time was there a quarrel about a~a.te ii,crease. Most of the discussion concerned service and mostcpeople wanted more service. At no point in time did I detect any quarret~with the increase. With'that thought in mind I intend to vote .ye~. Vote of the Town Board: Ayes: Councilman Pelt, Councilman D~um, Councilman Homan, justice Surer, Supervisor Mar.tocchi'a. Abs-~'~t%~ Justice~Doyen. This resolution was declared duly adopted. On motion of Justice Suter, seconded~by Councilman Dr~m, it was RESOLVED that Robert A. Hood, Mattituck, and George S. Young, Mattituck be and hereby are designated as supplementary ~chool corssing and church crossing guards for the Town of Southold at a salary of $3~50 per hour for church crossing and a per day salary for ~.s~oo~ crossinqs. Vote of the-Tonw Board: Ayes: Councilman PeI1, Couccilman Drum, Councilman Homan, Justice Surer, Supervisor Martocchia. Absent: ~X~X~]~X~X~,~XXK21~X Justice Doyen. This resolution was declared duly adopted. Justice Suter stated that he was a voting delegate at the ASsocia- tion of Towns and there were 13 resolutions passed by the Associa- tion of Towns all of which would be very.helpful to the Town. One of which is that the rate of reimbursement on thel reassessment program be based on a 50% reimbursement of whatever it costs the town to do it. Supervisor Martocchia reported that he met with the D.E..C. in Stony Brook along with several other Board members-, as w~tl as Robert Holzmacher of Holzmacher,. McLendon and Murrel'l, consultants-, relative to a violation at the Disposal Area. The matter ~as' resolved and no fine was imposed. Mr. David Driscoll stated~that whether the Board realizes it or not what they h~ve done is formally given permission to Long Island Cablevision to do wh~t they did two years.ago, violate 'their franchise. They.violated the f~anchise when they removed channel 12- Providence. he thinks that somewhere along the way there should be some new language put in the franchise because the amount of complaints about service is large, and service has got to be' imp.roved and something should be written into the amendment to the franchise. 3 1979 Mr. Charles Hcikey, Southold asked if Mr. D~an is going to bid for a leaf picker. Me brought ~p ~.~s .subject l~st ~autumn and hopes by next autumn they will h~ve~'n~ something about the leaves.---Highway Superintendent Dean said there is not enough money in the budget for a leaf picker, but he is hopeful he might be able to experiment wi~ one next fall. 243 Mr. David Spohn, Orient, said as a member of the Airport committee and one of the supporters, he would like to ask the Board to look fa$orably on the concept of a town airport and offered his Services for research and the pilot group would like tosuppty whatever labor is needed in trying to start the airport and would like to seed to it that the town gets come"seed money also. Mrs. Gladys Csa~O~ Greenport, read the following Letter: ~At a duly attended meeting of the Board of Directors of th~ North Fork Taxpayers Association, /nc. h~]~on March 5t'h, a resolution was passed requesting the Southotd Town Board to sub, it a budget figure for the maintenance of the projected r.ecreation center.. It is also requested that this information be made available to the North Fork. Taxpayers Association, Inc. no later than the date of the next Town ~oar'd meeting. Sincerely, Gladys CsajEo, President North Fork Taxpayers Association, Inc.---Supervisor Mar~°cchia said he is not sure those figures can be availableby the next meeting, but he will try. Mr. Franklin Bear, Southold, stated that before any funding for a town airport can be applied for Tri-State must find a need here and second, the Town must consult with FAA on the scope of the project, thirdz theremust be a feasibility study on engineering and rnvironment, fourth, theremust be a public hearing and finally at that point the Town may apply for and not necessarily get funding. He just w~nted to make it clear~it is a long time between now and then. Councilman Drum added that we~ do have.the other alternative of leasing.---~{r. Bear stated that when you ge~' into the matter of lease, no funding is available. Also, even if landis purchased, there are many items which are not fundable. This requires a great deal of thought and study on the part of the To%rn Board and the people of the. Town of South01d. Mr. David Driscoll asked if at the end of the month 'do we have a dog warden?---Supervisor Martocchia stated that Lois Me'llas is terminating the 31st of March, John Hell will still be with us.-- Mr. Charles Heckey stated that five dogs each-day come to his property and one is a big black dog~ that doesn't even have a collar which means that the dog must~not have a ticense~ and he has called the dog warden four days in a row and'there is no'answer, so he called the police station.---Supervisor Martocchi~ said they had the best package we co~Td get before, very inexpenszve and had the local veterinarian iaking care of problems, one dog warden doing an adequate job. We were backed into a corner by pressure groups to the point that we went with a building that cost quite a few thousand dollars, problems with the building, problems of dogs escaping and jumping over fences, two dog wardens instead~k fo one, and now we have a lot of static.---Jody Adams, Peconic, said she believes the local veterinarian did not want to continue this program.---Supervisor Martocchia said he is not sure that is true. ---Gladys Csajko said that under the new law the Town has to supply a warden and pound, or contract for them. 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 4:30 P.M. Vote of the TOwn Board: Ayes: Councilman Pell, Councilman Dr~m, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. ~/~uditk T. Terry Town clerk