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HomeMy WebLinkAboutTB-05/22/1979SOUTHOLD TOWN BOARD May 22, 1979 MORNING SESSION. Mr. Bruce S. Eagleson, Vice President, and two other representatives of Chemical Bank's Government-Services Division made a presentation to the Town Board of services offered to municipalties by their Tax Revenue Collection Service. The Town Clerk will make an appoint- ment with Mr. Eagleson to make a study of the various services Chemical Bank can offer the Town of Southold. Mr. James Fogarty, Chief, Cutchogue Fire Department'spoke to the Town Board relative to granting permission to the Cutchogue-New Suffolk Park District to allow trailers to park at the Nassau Point Causeway beach overnight at the time of the fire department tourna- ment. Mr. Fogarty was advised the matter would'be studied. Mr. Franklin Bear representing the North Fork Environemntal Council spoke to the Board_requesting that he be permitted to follow up on the May 10th meeting with State and Federal represent- atives relative to solid waste management alternatives for the Town. Mr. Bear was encouraged to proceed in gathering information in this area. A regular meeting of the Southold Town Board was held on Tuesday, May 22, 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 Suter Councilman James Homan Councilman Henry W. Drum Councilman William R. Pell, III *** Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Absent: Justice Francis T. Doyen On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that the minutes of the Southold Town Board meeting held May 8, 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 Doyen. This resolution was declared duly adopted. On motion ~ Councilman Homan, Seconded by Councilman Pell, it was RESOLVED that the next regular meeting of the Southold Town Board be held at 7:30 P.M., June 12, 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 Justice Suter, seconded by Councilman Homan, it was RESOLVED that voucher submitted by the Peconic Soccer LeaGue in the amount of $4'00.00, General Fund, Whole Town A7320.4 b~ and hereby is ordered paid. Vote of the Town Board: Ayes: Councilman Pell, Councilman Homan, Councilman Drum, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. 1. Letter from the Peconic Boulevard Alliance, a Southold Taxpaying Group, alleging that various illegal activities are taking place at park on Peco~ic Bay Boulevard, Mattituckl This is the property of the Mattituck Park District and a copy of this letter will be sent to them as well as the Southold Town Police Department, and Justice Suter and Justice Rich. 2. Letter from Suffolk County Executive Klein relative to maintenance fees of the Long Island Rail Road. At the present time the County of Suffolk pays the Long Island Rail Road Company $3,465,734.00 for station maintenancw, use and operation. Mr. Klein and the County Legislators are considering whether they should give the money to the respective towns instead of the rail- road and let them do the maintenance work. This matter is still under study. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that the application dated April 23, 1979 for the renewal of a single trailer permit by Zdzislaw Mikolajcyzk at John's Road, a private rHad Off the east side Main Road, Mattituck, be and hereby is granted for a six month period. 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. 279 Supervisor Martocchia: 3. Letter from the United Fire Company No. 1, Cutchogue Fire Department requesting that the Town Board grant permission to the Cutchogue-New Suffolk Park District to allow auto trailers or house car trailers to camp at the Nassau Point Causeway Beach on July 21 and 22.---This matter must be studied. 4. Letter from the Long Island Lighting Company relative to correspondence with Dr. Myron Slater's request for electric service for community activities in the East Marion area. LILCO wished to update the progress of the project and advised they would need -some decisions from Dr. Slater about the type of lighting required. 5. Correspondence from the New York State Policemen's and Firemen's Retirement System advising of the new rates for retire- ment benefits, which is 41.600% for Tier 1 membership totaling $198,751 and 26.700% for the Tier 2 membership totalling $19,248. Notification was also received from the New York State Employees' Retirement System advising fo the new rates for retirment benefits, which is 25.200% for Tier 1 membership totaling $161,383, and 14.000% for the Tier 2 membership totaling $14,550, and 9.900% for the Tier 3 membership totaling $5,476. On motion of Councilman Homan, seconded by Councilman Homan, it was RESOLVED that pursuant to Article IX of the ConstitUtion , The Tiwn of Southold request the enactment of Senate bill No. 4772, entitled "AN ACT to erect the County of Peconic from the territory now comprised of the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold, in the County of Suffolk", and be it further RESOLVED that pursuant to Article IX of the .Constitution, the Town of Sou~hold request the enactment of Assembly bill No. 6781, entitled "AN ACT to erect the county of Peconic from the Territory now comprised of the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold, in the County of Suffolk,", and be it further RESOLVED that the Town Clerk be and she hereby is instructed to transmit said Home Rule Requests to the New York State Senate and New York State Assembly. 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 Justice Suter, seconded by Councilman Homan.-, it was RESOLVED that the bond in the amount of $100,000.00 for the sub- division known as "Greenfields at Southold" be and hereby is released upon recommendation of the Southold Town Planning Board Road Inspector,-Southold TOwn Highway Superintendent, and Town Board Highway Committee. 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. S~pervibor ~artocchia: Assessment stating the tenative equalization rate for the Town of Southold-is 11.70. The present rate~ is 12.28. 7, Letter from the Southold Town Baymen's Association,-Inc. outlining violations they feel exist in Town waters. One violation- refers to those who take Blue Claw Crabs 2" abreast., illegal hard clams, scallops out of season, steamers so small the shells can be eaten. They also speak about excessive speed in the creeks. This letter will be referred to the Bay Constable and the Conservation agents.---Another letter from'the Southold Town Baymen's Association, Inc. suggests there should be a Town ruling or law prohibiting people from skindiving for scallops or hard clams. These divers do not abide by their own safety rules and an unaware power boat operator could very seriously injure or kill a diver. They also request that the Town adopt a rule or law of netting killies, spearing and sand eels in the creeks under our control. This letter'will also be sent to the Bay Constable and Conservation agents. 8. Notice from the Department of the Army, Corps of Engineers of application of the Suffolk County Department of Public Works for permission to bulkhead, dredge, fill, ramp and install floating pier at the Cedar Beach Creek, Southold. Objections by June 11, 1979,/ 9. Notice of complete application for a non-minor project by John & Virginia Lockman to the D.E.C., for permission to construct 1 48 ft. low profile aluminum groin on the east side of their property at Leeton Drive, Southold. The D.E.C. has determined this will have no significant effect on the environment. 10.. Notice of complete application for non-minor projects from the D.E.C. upon application of John Brochard for permission to construct a one family dwelling on west side Ole Jule Lane, Mattituck, and change their former request for 59 ft. from the edge fo the marsh to 48 ft. from the edge of the marsh. The D.E.C. states it has been determined this will have no significant effect on the environment. 11. Letter from the Greenport Public Schools, John J. Kalish, Superintendent of Schools, requesting the Board to give favorable consideration to their once% again offering the roller skating program during the winter season.---Councilman Fell and Supervisor Martocchia will meet wiht Dr. Kalish to discuss their request. 12. Letter from Philip Babcock advising a fire well has been installe~& at County Club Estates, Cutchogue and has been satisfactorily tested by the Cutchogue Fire Chief Fogarty. 13. Notice from the New York State Department of Environmental Conservation that they have'established the final boundaries of tidal wetlands as sho~n on final tidal wetlands boundarymaps. These maps are available for inspection at the: County Clerk's Office. and DEC's regional offices. All land owners affected by these maps have been sent an order of DEC Commissioner Flacke establishing the boundaries of tidal wetlands. 14. A letter has been received from the GSA, Federal Property Resources Service relative to property on Fishers Island which was to become available from the GSA known aw Building No. 209 fo the Fishers Island Station Quarters. The Ferry District has requested that the Town send a letter to GSA indicating they are still interested in the property and would like to be contacted when the property becomes available. 15. Letter from the Council of Allied Associations of th.e North Fork Taxpayers Association, Inc., William Weinheimer, Secreatry, expressing their thanks fro the various department heads appearing befoer the Council on May 7th. They ask that the public be kept well informed on the ramifications and potential consequences of the 100% assessment project.---This will be done. 16. Mailgram from the Suffolk~C~unty Department of Labor requesting the Town's assistance and support to restore a reduction ~n CETA funding to the Suffolk County CETA prime sponsor. They indicate the five east end towns will lose $70,000. We will Write letters to our local sentaors and congressmen to ask for their help in preventing this cut. 17. Letter from the Suffolk County Office for the Aging¢ Joan Rinde, Nutrition Services Coordinator, stating they are in the process of preparing a contract increase form for the sum of ~0,000 for the purpose of purchasing a vehicle for the nutrition program. 18. Letter from the Southold-Peconic C~vic Association, Inc. expressing their concern regarding tke Army Corps-of E'ngineers dumping dangerous toxic xcastes containing h~gh level's-of lead, mercury, arsenic, zinc, and cadmium into Long Ds-land Souns, as-%~e, ll as the National Laboratory at Brookhaven dumping Tritium, Cesium-137 and Strontium 90, all cancer causing~nuctear wastes into the Peconic River which will end up in PecQnic Bay eventually. They also speak about the LILCO plans for their nuclear plants at Shoreham, and ask that the Town Board speak out in opposition to all of the afore- mentioned dangerous and potentially dangerous happenings. 19. Letter from the Southold Town Conservation AdvisOry Council recommending that the Southold Town Board start a wetlands inventory as required by State law and that the inventory consist of wetlands within the Town of Southold, property owners, total acreage and the quality of the wetland. 20. Letter from the Seniors Club of Southold-Peconic, Inc. relative to a misunderstanding of which seniors organization goes to Fishers Island this year. 21 Letter from the Lagoon Association of Nassau Point requesting financial assistance of the Town to dredge the south inlet on Nassau Point.---They were adivsed in October 1978 there were no more monies available for 1978 but to apply again in 1979.--- Councilman Homan will investigate the request. 22. Item 26 on the agenda pertains to a bid on asphalt materials for the Highway Department. The Town Attorney is studying the bid and action will be taken later in the meeting. On motion Of Councilman Fell, seconded by Councilman Drum, i~ was RESOLVED that Nathan W. Booth, Jr., the lowest responsible bidder in the amount of $6,200.00 be and hereby is awarded the bid for replacement parts to restore the D-6 Catepillar Bulldozer. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This reolution was declared duly adopted. Supervsior Martocchia: 23. Notice from the Department of the Army, Corps of Engineers upon application of Donald C. DeLalla for permission to install three piles for the purpose of mooring two private recreational crafts at Baldwin Creek, Cu%chogue. Objections by June 4, 1979. 23. Request for bond release on Country Club Estates.--- Everything is not in order as yet. Moved by Justice Surer, seconded by Councilman Homan, WHEREAS, Louis Hodor has made application to the Town Board of the Town of Southold to ~edicate certain roads in Cutchogue, New York, to be known as Silver Colt Road, Future Road, Horseshoe D~ive, Old Saddle La~e, Gold Spur Street, a recharge basin, a 20 ft. draihage easement and ten 25 ft. by 100 ft..parcels at the end of adjacent streets reserved for possible future highway dedication, as shown on subidivlsion map entitled '~Oregon View Estates" filed in the office of the Clerk of the County of Suffolk on April 4~ 1975 as Map No. 6421, together with release executed by the owner thereof, and WHEREAS, the Southold Town Highway Superin~ednent has inspected the said highways and has advised the Town Board that said proposed high- ways complies in all respects with the specifications for the dedica- tion of highways in the Town of Southold, NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the ~aforesaid highway, to consist of lands described in said application as shown on certain maps attachsd to said applica- tion, and BE IT FURTHER RESOLVE~ that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deeds to be recorded in the office of the Clerk of the County of Suffolk, NewYork. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:~ Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Pell~ seconded by Councilman Homan~ WHEREAS, the Griswold-Terry-Glover Post # 803 , Southold American Legion has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, - NOW, .THEREFORE, BE IT RESOLVED, that the 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 B~ngo License to the Griswold-Terry-Glover Post ~ 803, Southold American Legion. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Drum, WHEREAS, The Griswold-Terry-Glo~er Post No. 803, Southold American Legion Auxiliary has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED, that the 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 requi~ed by law, and it is further RESOLVED, that the Tonw Clerk be and she hereby is directed to issue a Bingo License to the Griswold-Terry-Glover Post ~ 803, Southold American Legion Auxiliary. 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: 25. There will be a public auction held by the Town of Southold on Juen 2, 1979 at 11:00 A.M., inspection 10:00 A.M. 26. Appointments of John Plock, Sr. for the Conservation Advisory Council, John Tuthill for ~he Conservat%on Advisory Council and Frank Kujawski, Jr~. for the Conservation Advisory Council will be considered later. There are also appointments coming up for the Planning Board and Board of Assessment Review. On motion of Councilman Hommr seconded by Councilman Drum, it was RESOLVED that Police Chief Carl Cataldo be a~d he hereby is granted permissIon to attend a Police Seminar at Plainview, New York on June 12, 13, 14, 15, 1979 at 'no.cost to the Town of Southold. 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 Drum, seconded by Councilman Homan, it was RESOLVED that the Police Chief Carl Cataldo be and he hereby is granted permission to attend the meeting of the Highway Safety Committee of the International Association of Chiefs of Police at the North Western Traffic Institute, Evanston, Illinois on July 9th through 13th, 1979 at no cost to the Town of Southold. 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 stated that last Monday Highway Superintendent Dean with Councilman Pell, Councilman Drum, Justice Suter and Super- visor Martocchia relative to highway department problems. They discussed equipment needs and information relative to a $25,500. grant for a new Catepillar. This will be discussed further later this afternoon. Supervsior Martocchia advised that a letter has been received from ~Long Island Cablevision Corporation statihg they have begun work to construct the line extensions recently agreed to. Their enqineer- ing services indicate to them that the area north o~ Mattituck ~nown as Captain Kidd is at the extreme end of the faciiities from the Greenport Tower site and degrades the picture quality, therefore they would like to extend the service to Captain Kidd area via th~ Riverhead system and thus improve reception in Mattituck and the Captain Kidd Estates area dramatically.---From-~this change in the original franchise a public hearing would be necessary to amend the franchise. ~ Mr. Charles Hickey, Southold, asked if a decision has been ~ad~ relative to the boat ramp at Kenney's Beach, Hill it be demolished or repaired?---Highway Superintendent Dean ~a~d t~ey are gett.~n~ ready to start WOrk on tke beaches and ke WOuld llke 'the beach~ committee to look over the Kenney's Beach situation.---Mr. Hickey also asked if anything had been done about a guard rail for the parking area?---Superuisor Marotcchia stated the New York State Department of Transportation has released to the Town 200 ft. of guard rail and posts. Highway Superintendent Dean said he would put it up once it is released to him. Mrs. Muriel Bursh, Secretary to the Conservation Advisory Council ~ ~ ~O~h~ at 7:30 the Conservation Advisory Council will be meeting and she wondered whether Mr. Plock was going to. be appointed or should she advise him not to attend the meeting?--- Councilman Homan said he felt that appointment could be acted on at this time. Mr. Plock and Mr. Tuthill have both indicated they wish to continue serving on. the Council. On motion of Councilman Pell, seconded by Councilman Homan, it was RESOLVED that John Tuthill, Orient, New York be and he hereby is appointed to the Southold Town Conservation Advisory Council for a two year term to expire June 1, 1981. 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 Homan, seconded by Justice Surer, it was REQOLVED that John Plock , Sr., Southold, New York, be and he hereby is appointed to the Southold Town Conservation Advisory Council for a two year term to expire May 6, 1981. 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 stated that the term of the Chairman of the Conservation Advisory Council, Frank Kujawski, Jr. expires June 1st , and since he was not notified of this until today he has not had an opportunity to speak to Mr. Kujawski.---If Mrs. Mabel Lytle wishes to continue on the Board of Assessment Review they would like an up-to-date letter from her. Mr. S~uel Markel, Southold asked about the D.EoC.'s findings of no significant effect on the environment on the John Lockman application, ~ 12 on the agenda, does the Town have anything to say about this?---Councilman Homan stated that it is merely the findings of the DEC. Mr. Markel asked about funds for dredging projects; can any group or person who might want some dredging done come to the Town and get $450.?---Supervisor Martocchia stated there is a small account for waterways and individuals or groups who wish to dredge the entrance to Town Creeks can apply for funding up to $450. of the project.---Mr. Markel wanted to know why they single out dredging of the creeks and not erosion of the be~ch front?---Town Attorney Tasker stated that is because the Tow~ does not own the bottoms.--- Mr. Markel said that does not stop the Town from collecting taxes on them because his land is under the water right now. Originally it was not co~ered by water many years sgo but it is now and he is still paying taxes on it, and he has tried to get a reduction in taxes because of loss of land and he has been denied.---Mr. Markel spoke further about federal grants and funds allocated to the various baseball and soft ball leagues. Mr. William Weinheimer asked if the new rate on the equalization rate is advantageous or disadvantageous?---Disadvantageous.---The method of arriving at the equalization rate was discussed.-~-Mr~ Walter Kohnle asked if a $1001000 house is assessed at $16,9007--- Supervisor Martocchia explained the medthod of arriving at a value on a house. On motion of Councilman Homan, seconded by Councilman Drum, it was RESOLVED that a recess be called at 4:00 P.M., meeting to reconvene following a work session to complete agenda items. Vote of the Town Baaed: Ayes: Councilman Pell, Councilman Drum, Councilman Homart, Justice Surer, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. 284 19! Meet±ng reconvened at 5:05 Supervisor Mar~occhia discussed hiring of summer bay constables and the expiration of the contracts of most CETA workers. On motion of Councilman Homan, seconded by Councilman Pell, it was RESOLVED R.O. Welch Asphalt Company, Riverhead, New York, the lowest and only responsible bidder, be and hereby is awarded the contract to supply the Southold Town Highway Department with approximately 500,000 gallons of Grades RC-2 and MC-2 Asphalt Road Materials, at a price of $.6890 per gallon. Vote of the Town Board: A~es: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Justice Suter, it was RESOLVED that Mr. Bennett Orlowski, Jr.~ Cutchogue, New York be and hereby is appointed to fill the unexpired term of John Wickham ofn the Southold Town Planning Board; term expires April 30, 1983. 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. Councilman Drum advised that he has been appointed the Southold Town ~espresentative on the Technical Advisory Group for the Suffolk County Airport Master Plan. A Plan has been submitted to the County of Suffolk by the Trans. Plan. Incorp. and the group will be meeting at 2:00 P.M., Thursday, May 24th to review it. Moved by Justice Suter, seconed by Councilman Drum, WHEREAS Southold Resins, Inc. has heretofore applied to this Board for a change of zone of property abutting the Incorporated Village of Greenport and adjacent to Peconic Bay, and ~HEREAS, a public hearing was duly held on said application,and WHEREAS, the applicant has duly submitted a written statement (Environmental Assessment From) in accordance with Chapter 44 of the Town code, and WHEREAS, notice of receipt of such statement has been duly posted. NOW, THEREFORE, IT IS RESOLVED that this Board has hereby determined that the proposed action will not have a significant affect on the environment, and IT IS FURTHER RESOLVED that the Town Clerk shall file and circulate this determination in accordance with Chapter 44 of the Southold Town Code and Article 8 of the Environmental Conservation Law and the rules and regulations promulgated pursuant thereto. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Suter, Supervisor Martocchia. Not voting: Councilman Homan. Absent: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Pell, seconded by Councilman Homan, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 5:35 P.M. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Suter, Supervisor Martocchia. Absent: Justice Doyen. This resolution was declared duly adopted. udith T. Terry~ Town Clerk