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HomeMy WebLinkAboutTB-06/21/1977SOUTHOLD TOWN BOARD June 21, 1977 A regula~ meeting 'of the Southold Town Board was held on Tuesday, June 21, 1977 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. Martoxchia Councilman James Homan Justice Martin Suter Justice Louis M. Demarest Justice Francis T. Doyen Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk Judith T. Terry Absent: Councilman 'James H. Rich, Jr. On motion of Councilman Homan, seconded by Justice Suter, it waa RESOLVED that the minutes of the Southold Town Board meeting held on June 7, 1977 be and hereby are approved as submitted. Vote of the Town Board: Supervisor Martocchia, Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. On motion of Justice Demarest, seconded by Justice Suter, it was RESOLEED that the ne~t regular meeting of the Southold Town Board will be held at 3:00 P.M., July 5, 1977 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: SuperviDor Martocchia, Councilman Homan, Justice Suter, Justice Dema~st, Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia asked for reports of committees. (none) Supervisor Martocchia: 1. Receipt of a letter from Commander Robert Neville, Griswold- Terry-Glover Post No. 803, American Legion, relative to the possibility of moving the WW I monument that is presently 'located in .front of the Southold Library. The legion does not feel that moving the memorial would be in the best interests of Southold ToQn and ask the Board's support of their position by disapproving ail requests which propose relocating the monument.---Supervisor Martocchia stated'that the Town itself has not been approached with such a p~oposal.--- Mrs, Mabel Lytle, President of the Southold-Peconic Civic Association, stated, the ~ivic association has already approached the President of the Library Association andt Chairman of the Park Commission, but have not received a reply, but a~ that th~ Town Board hold the question in abeyance until some d~cision has been reached.---Supervisor Martocchia s~ated they would. 2. Receipt of a letter from County Legislator Joyce Burland relative to a meeting to be held at the Southold Town Hall at 3:00 P.M., Thursday, June 23, 1977 to discuss proposed plans for the dredging of W~ckham Creek, Cutchogue. There is a question as to where the fiT1 should go. 3. It has been learned that there is financial assistance for youth recr~ation programs, therefore the Town of Southold is filing an application with the New York State Executive Department, Division for Youth. If this application is successful, $5,562.00 in State Aid should be received. 4. Letter from Dawn Estates requesting that the Town of Southold accept dedication of Dawn Lagoon, located east of Greenport.---Super- visor Martocchia stated this ~s-a taxable piece-of property, and if taken ov~ by the Town the Town.would become responsible for the maintenance of this lagoon, ther~fore~'at this time they are not inter- ested in receiving dedication to this Dawn Lagoon. 5. Letter from the First Presbyterian Church, Southold indicating that since the Town of Southold is no longer making use of the vault in the church,, they would, like to submit a final bill. The annual reRtai'-for part:$~0~ p~ry~b~e~er,' s~inc~ it has ~nl~'b~en' use~ $o~ pa~t of~h~ yea~ ~he~own fee~s '$250.00 w6uld b~'a~ f~i~ ren:~a£ [or~anuary 5nrou~n ~ay.- -~ - -:--.'- '- On motion cf Justice Demarest, seconded ~y. Couh~ilma~ Ho~a'~~, it w-as RESOLVED that $250~00 be p~id to~the' S0~h~ld' FirSt Presbyterian Ch~ch for the re~al of their vault'for the months ~anuary through May, 1977. '. Vote of the Town Board: Ayes: s~e~visor M~'rtocchia, Councilman Homan, Justice Suter, Justice De~afest, 'Justice Doyen. This resolution was .de~!are~ duly' ad6pted. On motion of Justice Demare~'t,' sgco~ded by Councilman Homan, it was RESOLVED that $952.30 be paid from Highway Department Fund~.fo.r the Donovan Plan study made for~the~Highway Department 'by ~re~man- Pederson Asoocia~es. Vote of the~Town Board: Ayes: Supervis~r'-M~rtocchia, Councilmah Homan, J~stic'e Su~r~ Ju's~ice~Demares~, Jus'ti~e'DOy~n%: -': "~ ' This~resotution was dec~lar~d duly ad~pted. Justice Demarest exP~&ined that in connection w~th the $9~30~fee to ~eenman~Pederson Associates fOr-the DOhOvan Plan StUdy, the A~ount of $14,000.00 will be received for .marking highways, striping, ~ighway imp~0~ements, etc. 'in the 'form~'~f s~t~ Aid. supervisor Martocchia: 6. Notice from the State Board o~--Equalizati'on 'and AsseSSment giving the tentative state equaliZ'ati0n ra~e for SouthOl6 Town a't 12.37. In comparison to ~he equalization rates f0r~ Other toWns in Suffolk County, the change in level from 1976 to 1977 shows'S:OUthold Town/with the smallest change. 7. ~otice°h~' been received''fr~th~ NeW York St~ D~part~ht of Transportation designating Route 25 over the Long Island ~a~lroad Main Line at Greenport as a restricted ~ighway. Mr, WaTter' sag~-has ind'i~'ted'tha't the Sta~e ~fNe~ Y~rk Can~h-Se his prOP~r~'~'as &"by-pass. ---Mrs. GladYS- C~a'jko'.s%a~%d t~e.road should be=impro~ed-befo~'e the' public'is al'16wed to ase' itl--~Supervi'sor Mar'tocchia state6 'i'[~oui~ be.--'-Mr. ~illiam Pell asked' when they anticipate t~affic Wi'll'be restricted in that~area?~--Supervisor Martocchia indidated they are starting to bring trailers in there now. in preparation for the work.--- Mr. Pell-atat~d-th~ &'eked 'the Tox~ Board six months ago if this project could not be delayed until'after Labor Day so two' ~ummer~ would not be involved, has the Board ever received a reply'~o that request~2-~SuPervisor_Martocchia~stat~d the reply was that' the Board asked them last year to delay the''M'ilT Creek pro'ject' an~ mak~ a' study· for putting in a temporary b~idge, which they a~e now doing'. Even that has Caused a problem, as they thought they would get the major amount of work done bv July tst. Seeing they would not be able to do that, they aske~ for more money to put a second crew on, and that was turned down. The railroad overpass question of delay was denied.---Further discussion on the Mill Creek Bridge and Railroad Overpass. 8. Complaint from Mr. Carlih, Laurel, a resident near that railroad overpass on Route 25, Laursl,' indicateS the sign warning of the headroom for the bridge is too close to the b~idge, and many trucks reach the brid~e and must back up and turn around and take an alternate route. This matter had been referred to the New York state:DePartment of Transportation as Route 25 is a State road. On mOt'ion of Justice Demarest, seconded by Justice Doyen, it was RESOLVED :that ~Supervisor Albert M. Martocchia be and he hereby is authorized and directed to sign an agreement with the Village of Greenport making the services of the dog wardens of Southold Town ~vai~bl~'-to enforce the provisions of Article 7 of the Agriculture and Market's Law; and said agreement reads as follows: ~HEREAS~ the Village Of Greenport and the Town of Southold both require the.services of a dog warden to enforce the provisions of Artilcle 7 of the Agriculture and Markets L~w and Ordinance and Local Laws ~enacted pursuant to the ~rovisions of Section 126 of said law, and WHERE~S, it is wasteful for both municipalities to oPerate independently of one another for the control of dogs, and WHEREAS, the Parties desire to cooperate with each other for the control of dogs in the Town and Village, IN' cONSIDEK~TION of the mutual covenants set forth herein, it is agreed by the"par~ies as follows: 1. Upon the effective date of this Agreement, the Village shall terminate the services of the Village dog warden. 2. The Town agrees to make the services of the dog ~ardens of the Town available to enforce the proviszons of Article 7 of the Agriculture and Markets Law within the incorporated areas of the Village and to enforce the Laws and Ordinances of the Village enacted pursuant to the provzsions of Sectio'n 126 of said law, and to provide such motor vehicles and equzp- ment"required for such purposes; including the dog pound owned and operated by the Town. 3. The Village agrees to pay and the Town agrees to acdept for the services of the Town dog wardens, the sum of Six ($6.00) Doolars per hour for each hour of service rendered by a Town dog warden within the Village, which sum shall be inclusive of all expenses zncurred by the Town for such services Such sums shall be paid by the Village to the Town on monthly installments upon the presentation of vouchers therefor. The Town agrees to keep amd maintain accurate records containing the dates and hours when such services were performed and shall make the same available at all times to the Village and its officers and employees. 4. The Village agrees to pay and the Town agrees to accept the sum of Thrse ($3.00) Dollars per day for each dog seized within'the Village and impounded in the Towndog pound, said sums to be paid in the manner provided in ~aragraph 3 he~eof. 5. In the event that nyy dog seized by t:TOwn dog Warden within~the Village requires the services of a Veterinarian, for the care, treatment,or destruction of such ~og, the Village agrees to pay for such services directly to the Veterinarian uponlpresentment of a voucher therefor. 62 In the performance of the services provided herein, the Town agrees to comply with all applicable laws, rUles, and regulations. 7. The Village 'hereby agrees to indemnify and hold ~'the Town harmless of and from any and all liability which may be incurred asa result of the Town's performance of the provisions of this Agreement. 8. This Agreement shall be for a term of one year to commence on the first day of the month subsequent to the execution Of this ~greement 'by the parties hereto and the approval of this Agreement by the'Commissioner of Agriculture a~d MarketS as required by the provisions of Article 7 of the Agriculture and Markets Law. Vote:of the ~own Board: Ayes: Supervisor Martocchia, Councilman Homan, Justice Suter, Justice DemareSt, Justice Doyen. This resolution was declared~duly adopted. (The following discussion took place ~st prior to the vote being taken 6n the above dog control agreemeht between the Tow~ 0f ~outhold and Village of Greenport.) ~ ~ ~ Mrs. Gladys Csajko asked upon_basis or authority the Town il using for going'into this contr~t~L--S~pe~visor Martocchia stated ~he-Mayor of the Village of Greenport ha~ met with the Town Board on several occasions asking the town to take over the dog control in the Village of Gresnport. The fees were submitted by the Mayor to the Town for consideration, and all the condit~n~ ~re ba'sical~y those.agreed upon by the Village as they want~to go into this agreement.---JuStice Demarest stated that the authority for this agreement comes under Article 126 of the Agriculture and Markets Law. It also states. ~ . Subdivision 2 that in a town of the first class, which we are not, that contracts with a village to enforce their dog ordinance or leash law, that amount may be deducted from their taxes. However, we are a town of the second class'and if we contract there is no relief in taxes for the village.---Mrs. Csajko cited Section 119-.15, an op~n~on of the Attorney General states that a town dog warden appointed by the town board has jurisdiction throughout the entire tow~, including the incorporated villages therein.---Justice Demarest stated that i~ for the enforcement of ~he Agriculture~and Marke~$ Law ~.nd only for the licensing of dogs, but ~hen the village chooses to have an ordinance, them it changes. The village may, at its own discretion, chose to have a dog ordinance, and when they do, and it is in a town of the ~second class a~d the town contracts to enfor®e the dog ordinance which they ~ass there is no relief in their taxes. The secti~ Mrs. Csajko is quoting follows section 114, it isn't until after section 126 that it refers to a village having their own dog ordinance. This agreement must be approved by the Commissioner of Agriculture and Matkets.---Town Attorney Tasker stated that Mrs. Csajko has just cited a case where the attorney general said that the town dog warden does not have to enforce th~ leash law in the village. There is the authority to contract with the village to provide the service by our dog warden and this is what they are doing.---'Further discussion was held on this matter and Mr. Tasker and Mrs. Csajko agreed to discuss it further after the conclusion of this meeting.---Mr. Charles Hickey stated he made eight or ten telephone calls over a period ot five or six weeks to try to have a dog p~cked up. He talked to the police department, to the chief, but the family moved and that is what resolved the problem. If there is such a problem with only one dog in his area, what is going to happen if they take over the Village of Greenport?---Mrs. Char~es Hickey asked, before taking on the ~rden of Greenport, does the Town Board personally feel they have been a success in Southold Town with the dog conditions?---Supervisor Martocchia stated they could be more successful. However, they are trying to work with the Village in aiding them.---Mr. William Pell asked how long the town aQiticpates it will be before the dog situation will be working properly?---Supervisor Martocchia stated that with the advisor the town has now (~rs. Csajko) the dog program is working out much better than it had been in the past, as far as the record keeping ans paper work is concerned.---Mr. Pell asked ~f they feel in six months it will be working perfectly?---Supervisor Martocchia said he does not think it will be perfect in six months.--Justice Demarest indicated that all the other towns with their own pounds are continuing to have problems.---After further discission, the vote was taken on the dog control contract with t~'Village of Greenport. Supervisor M~rtocchia: 9. Request from the Senior Building Inspector, Howard Terry, for the creation of a Licensing Review Board for the Home Improvement Contractors Licensing Law to review improper and faulty construction. The Board will look into the appointment, within the next two ~eks~ of individuals to this Licensing Review Board. 1~0. Receipt of a-letter from th~ U.S. General Services Admin- istm~tion, Public Buildings Service indicating that there are three parcels of &a~d containing 1.67 acres on ~e eastern pors~on of Fishers Island, owned by the U.S. Government~, which are being declared surplus, and:asking if the Town of Southold would be interested in acquiring this property. The town will express'their interest in being considered for tho'se three parcels of property.---Mr. Pell asked if the Board has any idea what the property would be used for if the Town acquired it.--- Supervisor Martocchia stated the parcels contain a two story brick storehouse:, three one family dweI~:ings; and.a duplex ~artment house. One could:be used for recreational facilities for the youth on Fishers:Island, a meeting place for'-the people of~F,ishe~s Island, loca~'i0n of the Town:Justice-Office, sleepiig.quar:ters for visiting sdhool sport teams that have been:pre~iously-housed in private re'sfdenc:es.,-,Mr~.-.Pel'l.asked how much of it' is Waterfront.---Justice Doyen: estimated::ab~ut-100':ft, and.abuts the:Ferry: Dig'~rict.---Justice ~s~ed: i~i~a~e~'l:d: be valuable taxable ~rope~ty'/'for~ teal estate.--Justice _-Doy-eh ~di'cated itl:probably would-bot be as it is.all on ~he outside perimeter.~Mrs. Marie:John'son isk~d if t'his shouTd go'"through a nd there are repairs and upkeep, etc., who would pay for ~this?-~-Super- visor Martocchia stated the Town would.---Justice Demarest said that the hu~e::watekouse could be used.to house town equipment. The three sin~/:e"famity dwellings.could possibly.be. ~sed to. house the ferry boat crew so:they could leave.~ne of their ~two :ferry boats at Fishers Island overnight, whereas now they all go bac~ to Hew Lo:don. Fo~ th~ people of Fishers Island it would be-well worth it for the town to acquire .... these/~ouse%.--~Mrs.. Johnso~ asked if they w~uld be income bea~in9?-- Justice Demarest said we would probably turn-them over/th.the.Ferry District as we have the airport, and they stand the expense of any repairs.as ~they how/do. , . .. 1~:.:: Notification frbm the:Department df the Army, Co~ps of . Engineers of application of Robert H..Rothman fo: ~ermission ~o maintenance dredge at Jockey Creek, off Wells AvenUe;-~ Southo'l~. Objections by July 18, 1977. -- : Notice from the Department of Public Works fo~ dredging project.at Budd'~s Pond, -A-rsham-om'aque by. the County of Suffolk, Objections by July 12, 1977. ~otice from the D.E.C.~ upon application.of Edward.Yanke:- for perm:ssion to erect a s:ngle family dwelling and septic system on the nDrth side of Ole Jule Lane, Mattituck, off James Creek. Ob~.ections by July 8, 1977.. _ ~o~k~ce from the D.E.C. upon application of Henry A. Boczek for permission to erect a timber retain:ng wall along his property line.Qn? Baldwin : Creek, C~tchogae..: Objections by .July 14, 1977. .12. Notification from the St_ate of. New y~rk Public SeBvice:::': .... Co,mis-sion that Fishers Island Water Works Corporation has an .extension until-September 7, 1977 to file the statements-relative, to-their m~r~e2s~.with'the West .End Water Comp.any. 13. Receipt:of a pending Senate-Assembly Bill S6135 & A8583 to create a commission to study the revaluation of property to 100 % ful.1 market vakue, and one o~,-:,the provisions is that.theyhe permitted a $4~.D,0O0:.expense account. The: commission will be unsalaried. ~t is also being recommended that an amendment to the-bill be approved whereby the State would reimburse the townships at the rate of $8~00 per parcel revalued. On mo~ion, of Justice Suter.,.:'seconded hy Councilman Homan, it.was RESOLVED that Supervisor Albert M. Martocchia be ahd he hereby is authorized to sign an. agreement with Pudge _Co~.~ration, Main Road, $outhol~, New York fo~ one year'lease at $1..00_ of a parcel of land 100 ft. by 200 ft. on Main Road, Southold, east of Chinam_, and a 25 ft. ~ight-of-way to Traveler Street. Vote of the Town Board: Ayes:.Supervisor Martocchi~, Councilman Homan,_ Justice Suter, Justic~ Demarest,_ Justice Doyen~ '. This resolution was declared dul~ ado~ted.~. ' .... Mrs. M~bel Lytle asked if the Town Board couldn't take an active part in pursuading the post office to move to that particular area east of Chinam, as this was a proposa~ that was being considered a few years ago.---Supervisor Martocchia stated that the post office at the present site has had a one years extension:' and that carr:es the lease to November 1978- Mr. Gray of Pudge Corporation has been doing business with the postal department, but Mr. Martocchia does not know how successful he has been. He has seen a layout for the post office to be located there, plus several other small business buildings and a police booth and comfort station~---Counciiman~Homan stated that Councilman Rich would have more recollection of the situation than he, but everyone agrees there is the post office at their present site, and they went to the post office and found they had not received one complaint relative to their location.---Mrs. Lytle feels the relocation of the po~t office is a very important project to be worked on. As President'of the Civic Association she would like to meet with someone~on the Board to discuss what action can be taken.----Ms. Anne Matthews of Chinam stated she believes pa~t of the problem is the federal budget which doesn't come out until July 1, and if Southotd is giwen an increase and if Mr. Gray still w~nts to move the post office or build a larger one, they will have to wait until July 1 when the federal budget comes~hrough. On motion of Justice Doyen, seconded by Justice. Suter, it was RESOLVED that the Fishers Island Ferry District be and hereby ~is authorized to transfer $5,000.00 from Repairs to the Ferry to Acquisition of the New Ferry. Vote of the Town Board: Ayes: Supervisor Martocchia, R~k~ Councilman Homan, Justice Suter, Justice Demarest, Justice~DOyen This resolution was declared duty adopted. On motion of Councilman H~mn, seconded by Justice Doyen, it was RESOLVED that the following li~e guard hourly rates be established: 1st year - $2.65 per hour 2nd year - $2.80 per hour 3rd year - $2.95 per hour 4th year'- $3.10 perhour Vote of the Twon Board: Ayes: Supervisor Martocchia, Councilman Homan, Justice Suter, Justice Doyen. This resolution wa~declared duly adopted.~ Supervisor Martocchia: 14. Receipt of a letter from Mrs. Beatrice W. Small requesting permission to hold a concert event by th~ Sou~thold Associa~ionof Merchants on Saturday night, August 27, 1977 in the parking 1.ot adjacent to the Chinam Inn, said concert to be under canvas and starring Miss Sarah V~ghn.---Supervisor Martocchia stat~ [ the matter has been discussed and the Merchants must go to the Planning Board~for site plan approval, to the Appeals Board for a special exception, and then to the Town Board for a special license.-~-Mr~. Small indicated that when she called the Town Clerk's Office two weeks ago she was informed they would need a permit from the Town Board and a poster permit from the Board of Appeals.---Town Attorney Tasker indicated those two items are needed, plus approval from the Planning=Board. He did ~not see why the Town Board could not act at this meeting with the condition that approval be secured from the Other two boards'.. On motion of Justice Demarest, seconded by Justice Suter, it was RESOLVED the Southold Association of Merchants is hereby granted a special license to hold a concert even't in the parking lot adjacen~ to the Chinam Inn, Main Road, Southold, New York, on Saturday~eve~ing August 27, 1977, all in accordance with Article XI, Section 100-114, Subsection c of the Code of the Town of Southold, provided the Southold~ Association of Merchants secures the necessary approval from the Southold Town Board of Appeals and South~ld Town Planning Board. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. Justice Suter indicated that he hopes all the necessary safeguards are provided for this event.---Mrs. Small stated they are going to 265 be tinsured by the Reeves Agency in Mattituck for one-h~alf million do~.la~, the Ha~ford Insur.ance Company has agreed to give them insurance for it. They have spoken to the Southold Town Police, Lieutenant Winters, and Fire Department. They are try:ing to. coyer every:base. ---Justice Suter indicated he was just concerned, as a few .y~a~ a~.o-a ~roc~-cQncert was~ptanned with the possibility of 3,Q00 people ~oming into the area, and it~cos-t-the_Town $1,500.00 to get an injunction against holding the event.----Mrs. Small stated she~does-?not feel ~this can-happen, when she spoke to the Wil.liam Morris~Agency-they. speci:fically. stated the entertainer ~they wanted wout~ave to~:appeal ~to hheage qroup 35-and ~over; they wanted no rock,: ~no ,~ountry western. On motion of Justice Demarest, seconded by Councilman Homart, it was RESOLU~D~-that ~the firm of Smith, Finkelstein, Lundber.g and Yakaboski be engaged to represent the Town of Southold in the matter of Salva~ore V. Crimi vs. Southold To~ in an appea~l to the Appelate Division, Second Department. . Vote Qf ~the Town Board.: Ayes:--Supervisor MartQcehia, Councilman Homan,< JUStice~Suter, Justice Demarest, Justice Doyen. This ~resotution was declared duly adopted. Mr. Pell~ asked What-the CrimL..case~ is~about?---Super~isor Martoochia stated that Police Officer Crimi is appealing a court~.decision steming from~ matter wherein the Town Board penalized him ~s0me months ~go.--- Mr. :Pel~ asked-why the board always.foes-t~ attorneys .,outside of Sou%hQ~ld Town?---Town Attorney ~aske~-stated that the~eis a problem, from time to time in the past he has .attempted to get local attorneys to handle town matters, and they are faced~with a conflict.question as they~eprese~ clients before other boa~ds in the~town agenc~ would prefe~ ~o go~tha~ r~oute ra~her, thaq represent. ~he:-town~--Mr. Pell asked whtther they do offer it to attorney~ in town,~but.have bee~u~ned dew-n?,--Town A~to~ney~Tasker stated they. havg~ -O~ mo-%io~ :of:..Counci,lman-.Homan,- seconded' by:.~ustice:,~Dema, re~.s_.t,, it..~was ~SO~VED ,that Sup~viso~~ Albert M~ -~rtocckia be.and he ~her~eby :is authorized to sigq an. architectural ag~reemen%: with the firm of Saeco and Ah~ers:, Architects and Engineers, ,~in-.Roa~, So-~thold:, New'York, fo~ -%he. seRior~ci~tize~.~ youth -cen:ter,i -t~ be toeated:.on P:eeonic., La~e~ Vote of the To~ Board: Ayes: Supervisor ~rtocchia, 'Councilman Hemal, Justice Suter, Justice Demarest, Justice Doyen. . . This'resolu~tion was declared duly adopted. . . On motion of Councilman Homan, seconded by Justice Suter, it.was '-.RESOL~D-that Smmuet G. B~own, .~Cu~chogue:, New York, ~. :and he-. he~'y is granted.a-six months ~enewal of his singl~ family trailer :.l~ocaied on the west s~de Tuthil!~.~-Lane-.,:,.{to~ road: to ~isposal area-),~ Cutchogue, New York. - ~: Vote of the To~ Board: Ayes: Supervisor Martocchia, Councilman Homan, Justice Suter, Ju~stice Demarest, Justiee.Doyen.- T~s resolution was declared du~-y-adopted.. (The fo.ttowrng .-~eso!ution is pertaining to an. agreement the T~n of Southotd ~n~eued..into- several, moRths, ago,. and a~ -this time merely names the .V~,tlage of G~eenpor~ as-lead agency.in.the federa-1 grant, filing applications for a waste water project..) . ~ved by Councilma~ Homan, .-seconded by Just,ice Demares~, ~EREAS, the water resources..of.-t-he; North-.Fo~k of..Long..:Is.tand are:~ unique and fragile in quantity and its quality is becoming increas- ~E~AS, ~e ~Amsndments-to the Federal ~t-er PpLluti~.Cont~ot ~ct of ~-9-72 ,:provide- for .F,ed~at ~ssis,tanc~ ~-~ conduc~t-stu~es of the pro~eeti-o-n ~of th.e ~a~.er~re-~ources, and ...... -- '. ~,: :- ,z WHEREAS, the Town Board of the Town-of. Sou%hold.'is vital'ly ~Oncern~d for the protection of'the q~ality ahd quantity of the groundwa-ter resource, and. WHEREAS, The Town of Southold, after thorough consideration of the various~aspects of the problem and Study of available-data, has hereby determined that the construction of certain'works, required for'~the treatment of sewage, generally deBcribed as 201 Facilities. Pla~ for WasteWater~.Facilities in 'th~ Town~of. Southold, an~ WHEREAS', under Public 'Law g2-500, .the UnitedStates of America~has' authorized-' the~makin~ of grants :to ai~Tin financing the cost Of constrUction of ne'cessary;yreat~ent works'~'t0 prevent the' dis~charge of untreated or inadequately treated sewage° Or tDher ~asterinto~any waters and for the purpose of reports, plans, and specifications in connecti, o~ therewith,- and WHEREAS, the Town'-of Sour.hold:has-examlnedand duly considered Public~La~ 92'500 and the Town of Southotd deems ~i~, %o be .in the public~ interest to th the.public benefit~,,to .f~le a~ application: under this Act and to authorize other aot~ion in connection ~ther~ewith, NOW,~HERFORE;~ BE .IT-~SOAVED-~B¥-%he Town Bo~rd of Southold, in conjunction with .the Village~of Gr~esp0r%, hereWi~b authori~es~ the filing of an application in .the.form.requ~r:ed- by %he U~ited and in conformity with Public Law 92-600 is hereby authorized ~nctuding all ~understandi,ngs and' aSSUrances Conta~ihed in said application, and .... ~- - .... ' BE IT FURTHER R~ESOLVED THAT Supervisor~ At, be~% Martocchia~'-is directed and authorized as the official~ representative of the applicant:to act ~n e0nnection with the application ard to provide such a~ditional information as-.may be required, ard ~ BE~ ~F FURTHER RESOLVED ~ha~ tkre~ (3) certifi~ed~copiesof this Reso~u~0n be prepared.and se~t to the New ¥o~k.State Depa-r%ment of ~v~ronm~n%al Conser'va%i0n, Al-b&ny,- New~ Y~k,, together with:the Fed~rat applicati-on,-~and BE IT FURT~HER RE~SOLVED~tha~t-this~'Resotution take' effect immediately, and ~E~IT-~Ud{THE~ K RESOLVED.-t~at 30 percent.of unfunded project costs will be paid ~y the Village ~f-Greenpo~t and ~0. percent of %he. unfU~ded~ projec~ cost will be'paid ~y~the Town of.So~thoi~d, and ~E~ IT FURT~ERRESOLUED tha~~ Supe~wis~r Albert Ma~%occhia s~all .be ~uthoriZed to-execute such application and .forms as may ~be"nec~sSary and also to act on behalf of the Village Board to mee~ Federa~l and s~ate~ requirements~ · ' ..... BE IT FURTHER °RESOLVED %hat bhe~-Vi~age Of Green~port is designated as the lead-agency in this project amd is authorized applications, submit vouchers for payment to the State and Federal Givernment and the-Town of Southold, receive payments, make . disbursements, and'conduct all business as may pertain to~this~p~mgram Vote Of ~the Town-Board: Ayes.: Supervisor Martocchia, Councilman-: Homan, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. - - On motion of Justice Demarest,-seconded by Justice Sute~-i~ was~.. RESOLEED that the Town of Southold support Assembly Bill No.:A-1827-B and Senate Bill No. S-1461-B entitled "An Act to amend the highway law, in relat~ion 'to the limitation of expenditures on highway machinery in certain towns, "and the ToWn Clerk complete the necessary forms and submit them to the New York State Assembly and New York State Senate. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Homan, Justice Suter, Justic~e Demarest, J~stice Doyen. Th~S res~tu~ion was declared%duly adopted % : On motion of Justice Doyen, seconded by Justice Demarest, Yz%~:~a WHEREAS,--(-~esotution~ setting a public hearing~ o~ July .12, ~1977 at 11:00 A.M., Fishers.Is~land Firehouse, Fishers Island, New~ork upon the matter of the application of.~Fishers Island.Development Corp. for the creation of the Fishers Island Bewer District.) WHEREAS,-~a pe~ioion of a majority of the owners of real prope~. hereafter d~scribed,.~has .~een~.fi:led with th.e~.Town Board,of the.. Town._of Southold'requesting the establishment.of, a Sewer District at no:cost to~sa±d pr,oposed District, and WHEREAS, there has been filed with the Town Clerk a map and plan fo~!s~i_d proposed Se~e'~ ~±~s~tr~ct~shwo~ng~the improvement to be made in said proposed Sewer District prepared by the Henry Southers Engineering Company, competent,engineers duly licensed by the State of New ~ork.,~ and. WHE:tL~AS., the boundaries of the proposed Sewer District are as follows: ALL. that ~parcel of land located ~a.t Fishers Island, Town of Sou.thold, Suffolk~ County, New York~ more particularly bounded and desc'ribed as follows: BEGINNING at a point in the~shore line of Fishers Island and Fishers Island Sound as same is located in Parcel No. 1 of a quit claim deed betw~n the ,United Stated of America-and Race Point.Corporation recorded in the office of the Suffolk County Clerk in Liber 4615 ~page 283, running thence South 46 degrees-.58 minutes East.about 408 feet to a monument;~.thence South 35 degrees: 24 minutes East 42420 feet to a monument, both lines abutting Northeasterly on land now.of formerly of th9..Estate of S.A. Salvage;. thence running three lines abutting Southeasterly, Northeasterly and Northwesterly on land now or formerly of Wilmerding, South 32 degrees 36 minutes West 465.9 feet to a monument; thence South 26 degrees-~57 minutes East about ~05 feet to a monument; thence North 62 degrees 26 minutes East:687.'22 feet to a monument at land now or formerly of John Wilmerding; thence South 31 degrees 18-minutes East 188.41 feet and North 62.degrees 26-minutes East 1.6! feet'to a monument; thence South 27 degrees 3'4 minutes East 25.00 feet to a monument; thence running the southwesterly line of Equestrian Avenue, Sou~ 76-d.egrees.:02 minutes 30~econds East 58.22 feet ~o~a drill hole at. the intersect-io~ ~f~he .sou~theastert~ine of WinthrQ. p Drive: and~the southwesterly.tine of Equestrian A~enue (being %he,~point of beginning..o~ said P~rcet ~o~._~L in deed Liber 4615 page 283.:: t-hence cont~n~i~ng~ southeasterly an&~nortkeasterly ~ong Equestrian Avenue ~to .its intersection with Beach:~venue~escribed as the.:poLn:t:of~ plaee-of-beginning, of. the-"lst Tract"-in a quit clai~ ~e~d, from the United,States .of America to the Town o~ gouthold, rec~rd~d~in t~s Suffolk. County Clerk's. Office: in libertY. 4614 page 296; thence aton~g the southwesterly, southerly~and southeas~erly',line of Beach, A%~enue the follow~ing 8 .courses and distances: ~(1) South ~7 de~r~es.:7--min~tes 4,O-seconds Raat-514.90 ~eet~_~(_2) South_84 degrees 21 minutes 15 seconds East 34529 feet; (3) South 78 degrees 31 minutes 10 seconds East 281.33. feet; ~(.4). South S~i degrees ~28 minutes East 447.94 feet; (5) South 67 degrees 38 ~inutes East 342.57 feet -(6)_.No~rith 77 degrees 17~ minutes East 202.32 feet;~ (~) Nerth 26 :degrees 2 minutes 30 se-conds East 131.81 ~eet; .:(~)~Nartt~,,25 ~degrees minutes 50~seconds .West ~32.38 feet; ~th~ce, So~utk 5~.deg~ees.~5 minutes 10 seconds East 226.28 feet; thence South 39 degrees 4~1 minutes 40 seconds East 64.38 feet; thence South~ degrees 0 minutes Wes~.~386~ feet; ~thence South ~L3 deq~rees ~O.~inutes :East-1%07 ~feet th~ Shore of Fishers Island ~a~d Block I~tand ~Sound ~s: same is !~oca-t~d in the deed a~foresaid :to.~t~e ~own,~o~ $outhold :in ~Liber ~46~4-:pa~e 296; thence following the meanders Qf:said shore-tine ~in ~a westerly ~i~ction to the shore line of Fishers-Island Sound; ~th~nc9 fotlow%ng %he meanders of s~id shore line and the meanders of the shore line of Silver Eel Cove ~n~-.again the: meanders of: ~ishers ~sLand SQu~d to ~he ~point or place of beginning. WHEREA~:,-said map,~,pla.n and petition are on file with the. Office of the Town Clerk for public inspection, and WHEREAS, it is now desired to call a public hearing for the purpose of considering said map, plan and report a~d to hear all persons interested-in the subj,ect thereof concern~ing.-the sam~ i~accordan~e with the- provisions of the Town Law. NQW~ THEREFORE, IT. IS HEREBY ORDERED by the Town Board of the Town of Sou%hold~ Suffolk County, New Y~rk, as follows: Section.~L.J-...~ 'h-earing r~it~e.~eld at the.::Fi~hers, ,i~la'nd .:Ffre Fishers Island;.~in t~e'.To~n' ~f.]Sou.th61d,.-~New Y~rk,-on J~ly 12fib, - 1977 .at .~1: DO:. ~ !,e,l~c~ -~; M ~ p~eVa[~l ing ~ ~ime, -':~o ~e'ons~ider: ~ff~e. %a fOr~- said map, plan and report, an~d ~o ~e~'r/a~ll~pe.mso~s ~in~ter~ste.d~::in,,'~the subj ec~'~,th~eo~ co~ncer.ning the ~sam~i,.:and' to' ta~e-~such action ,thereon as is ~equired_,or a~th0rized by law. Sect, ion%2,~'.~he Town,:Cle~kziS~ her{e~y~-a~thorize~,~and directed to~¢:ause a:eopy of'~th'iS or,er t~ b~~ pub~ished~once in.~he'.Suffolk:T,im~:s~,~The~-Long..Is~and Tra~ele~~ - Mattituck Watchman and The New London Day, and also tO hereof.:, ~a~lt"~.i,n adcorda~ce~h':'t~he,'pr~visions~f~.Sec,t'ien 209~d.~ .. the..-TOwn,.-Law~. .S'ec~io~.3.~ ,~'.~hi:s'ord.er~sh~ ~ak~ effect, imme~iat~l~M Vote o~f_the.T0w~. B~a~d~:. Ayes:.'Superv:is~r~Ma~t~chia, ~oun~i~l:ma~ Homan, Just,ice Suter, Justice De~rest, Justice Doyen. This~eso~u'tio~?Was decked duty,.~dopt~-. ~ .... ' '- On motiOn~f C~unci.Iman Homan;~se~6nded~ by Jus-t.iee Do~en, ii RESOLVED that %he Southold To~ Justi~s,:be and they hereby a~e~ authorized to atten'd the Advanced~Justice Training School.at':~St. La~ence~Un~iUersi~y,-~_-Can~ton, New~.Y~rk from July 25~h-through Juty- 29th, and that~ac~uaL:and:~ecessary~.expsnses to%rave&m-meals,, ~and lodging incurred wh,ile attending~sa~d sessions be~a~ lsgai~charge, against the'Town of Southold. Vote of the Town.Board:'Ayes: Superv'iso~.MartoCchia.,~ Councilman H~ma~:Jus%~e Su~er, :Justice Dema~est~-~ Just~ceDoyen:.- This r~solut~n.~s-declare~ dul~,adopted.,' :. ,~' . ..... .~ ~ ........ A genttemen~inv~d in~:marine sa.fe~y-~state~ he ~unde~stands-'-the polic~:boats ih Sou~hotd Town do~no~,.hav~',~F marine'.radios., ~he~ do ~ave..'pot~ce~-an.d~;CB~ad~s~.'~-:His":gr~up'~i:s volunteer ~n.~al~t~.24 hb~s,a.:day.~. The,,Coast~ ~uard dOes:.~nO~-recogn~ze CB '~adios a~d~ h~~' heard :that ~up~rvisor ~tocch~a~woutd-not appropriate.enough money for-~a ~F:~adio,'..and:~h~ fee~s ~he Boa:r~?shOuld~au'thOrize, ~r'~d~os' abo~rd,~h~ poli~'e::boats~--~Supe~visor ~tocchia stated he has never entered into a discussion~ ~la-tive. to ~F radios, and has taken no position~on it because he knew no~ing about it.---Councilman Homan stated that our police, bay,constables, are paid tO do their work town waters, and they find themselves constantly doing ~uthampton~- work, Shelter Island To~ work, ~Coast Guard:work, and so forth; Basically, they are.not-supposed to be out in Peconic Bay, i~' it is an emergency with a,-human-life involved, fine, but it i~s not~he pur~se::of the Sout~h. old Marine .Unit to perform-C~ Guard serv~s. The To~ waters are those wa-~ers ~within the ~boundar~es'of the and they have jurzsdicition ove'r the waters Within 500 feet of ~e shore line, as far as,bathang and speeding, etc. .Councilman Homan- is not a~ainst VHE r~dio, h~ just wishes to put things in their proper perspective.'. Fur~er..discissio:n ~as held on this ,subject.~ It~was requested that the'matter be discussed f~rther after the conclusion of this meeting. . .... Mr. Pell asked what happened to the artist rendering of the youth center, senior citizen center.that he saw mn Super.visor ~rtocchia's office several moths ago, when suddenly-today '~ey.are..sign~ng contract?~--Superviso~ Mar%occhia statedthat many architects:they talked to gave suggested renderings to the Board. However, doing that, and being the actual a~chitect for the~project when they have to go into full specifics for bid specifications is a different: . situation. At that point an architect must be retained,.~--~. Pell asked h~ many renderings were ther to chose from?---Superviso~ ~rtocchia stated there were at least, five to choose from. T~e. percentage for the architect is 8~. Mfrs. Csajko asked why channel 6 is not being used for,local interest. It was said some time ago when they renewed thei~ contract-.with CATV that 6 would be used fom that purpose.---Supervzsor Martocch~a:sta~ted that the Mattituck and Greenport and Southold schools have equipment available for plays and shows, etc., but should someone wish to set 269 up a special event, someone would have tQ pay for it. CATV is not authorized to sponsor local programming. However, that channel is available if someone wished to hire television equipment to use it. Mrs. Csajko was under the impression CATV would finance the use of the channel for local use. On motion of Councilman Homan, seconded by Justice Suter, 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: Sup~rVis~r~Ma~tocchia, Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. Judith T. Terry Town C1 erk