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TB-10/27/1977
344 SOUTHOLD TOWN BOARD October 27 1977 A regular meeting of the Southold Town Board was held on Tuesday. October 25. 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. M~rtocchia Councilman James It. Rich, Jr. Councilman J~ames Homan Justice Martin Suter Justice Louis M. Demarest Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk Judith To Terry Absent: Justice Francis T. Doyen On motion of Justice Suter, seconded_bY Justice Demarest,..it was... RESOLVED that ~h~ minutes of the-October 11, 1977,~Town Board meeting be and hereby are approved as submitg~. Vote of the Town Board: Ayes:. Supervisor Martocchia, Councilman Rich, Councilman Homan Justice Suter~ Justice Demarest~ This resolution was declared duly adopted. On motion of Councilman Homan, seconded by Justice Suter, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at the Southold Town Hall, Main Road, Southold, New York on Thursday, November 10, 1977. Vote of the Town Board: Ayes: Supervisor Mart0cchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was deciared duly adopted. On motion of Councilman Rich, seconded by Councilman Homan, it was RESOLVED that the September 1977 report of Justice Suter, and August and September 1977 reports of the Police Department be and hereby are accepted and ordered placed on file. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopted. Supervisor Martocchia: 1. The Board has received a sample resolution from the Town of East Hampton in support of County Executive Klein's proposed "marine sanctuBry" with a request that this Board adopt a similar resolution. Mr. Klein proposed to the U.S. Interior Department a 3,000 square mile "marine sanctuary" southeast of Long Island to protect the Long Island shoreline from oil spills and well'blowouts. This "marine sanctuary" would prevent tankers from using routes now proposed for carrying Georges Banks oil to New Jersey refineries.---Councilman Rich stated that before he votes yes or no on such a resolution he would like to have more information. How, for instance would a tanker get into Long Island Sound for Northville Industries where most everybody's fuel oil comes from today. If you look at the map the e~vironmental control area goes across the mouth of Long Island Sound.---Supervisor Martocchia stated they would table such a resolution for further review and information. 2. Base~ upgn the request of Southold Town and possibly other townships a hearing was requested for the Jamesport project. A 345 letter was received dated October 17th from the Department of the Army, Co?ps of ~ngineers stating they are scheduling a public hearing to consider the work described in Public Notice No. 8816 and will advise as to the tim~ and place of hearing. 3. Receipt of a thank-you letter from the Cutchogue Free Library, thanking the Town Board for the proposed allocation of additional revenue sharing funds in the 1978 budget for the libraries. 4. The Board is in receipt of a proposed local law from Suffolk County Legislator Anthony Note from the 12th Legislative District. This local law requires the Department of Social Services to receive written authorization from our villages and towns before placing their clients in rental housing accom~datiens. Supervisor Martocchia will be in tou~h with Mr. Note to get'more details on the proposed law. 5. ~A report has been received from H6,!zmacher, Mc Lendon and Murretl relative to engineering services to conduct a study of the Town of Southold's sol~d waste management program. The Town will join~the Village of Greenport in this study. 6. Item 6 on the agenda pertains to advertising for bids for the town hall addition project and Main Bayview Road Improvement project. The Town attorney must s~udy the bid proposals before authorization for bid can be.advertised. 7. Notification has been received from the ~Corps~ Df Engineers relative to application of Henry Mo Karlin for permission to bulkhead, build a timber pier, ramp and float extension maintenance dredging anf fill at Jockey Creek, Southold, Jockey Creek ~s under the juris- dicition of the Town TrUstees and the Board will seek their opinion on the matter before replying to the Corps ~f Engineers. Objections must be submitted by November 15, 1977. 8. Receipt of a letterD{~t~e Eastern Long Island Gymnastics Association, Mary Tannenbaum, requesting funds to helP in ~heir gymnastic program. The Board has discussed the ~ossibility and agreed to' purchase the necessary equipment in the amount of $500.00. The Town of Southold Would own the equipment. On motion of Justice Suter, seconded by Councilman Rich, it Was RESOLVED that the Town of Southold expend $500.00 for the purchase of a balance beam for ~e by the Eastern Long Island Gymnastics Association at the Mattituck School. This balance beam shall remain the property of the Town of Southold. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopte~. Supervisor Martoccn~a: 9. Tne B~ar~'~S.~n. rece~p~ of a letter sent to ~he. Southold Town Chiefs Council by t~e~'~utho~d Town ~irs~ Ai~ ~nstr~uct0rs ASsociation requesting the use of the manikins t~ be available for CPR classes involvin~ students and lay townspeople not inv01'ved in-~he fire service, and requesting that the equipment be housed with their Equipment Custodian Donald Fisher at his residence. The Board will await word from the Fire Chiefs Council oD their action in thfs matter. 10. Supervisor Martocchia stated he will release to-the news- papers this week a statement procLaimihg the week of 'October 23-29, 1977 as "Volunteer Amb'ula~c~ week". '-There are a great many p~opl~ in Southold Town who give up their~im~ to do emergency Work for the citizens of Southold Town on a volunteer basis ll. There has been considerable correspondence received relative to ~oldsmith's Inlet jetty. The commun~mtions are both p~o and con the removal of the jgtty. As mentioned at the last meeting~ SuperVisor Martocchia has spoken to County Legislator Joyce Burla~d regarding this matter. Mrs. Burland has indicated she will be ~repared to give time to this matter in late November or early December. 12. A news release has been received from the State of New York Department of Transportation informing the public %here will be an information center scheduled at the Laurel E~.~e~nent.ary School, Main Road, Laurel on November 3, 1977 from 3:00 P.M. to 9:00 P.M. for the 346: purpose of providing information to the public on the proposed improvement along Main Road, Route 25 at Aldrich Lane in the hamlet of Laurel. The project will consist of realigning a ~ mile section of Route 25 to eliminate existing sharp, curves in order to provide a safer highway facility for the mokorist where many accidents have occurred in ~he past. -' 13. Receipt of Public Hearing Notice from the Department of Environmental C~nservation in the matter of the petition of Orville W. Terry for permission to erect a rubber tire sill 100 ft. long adjacent to'applicant's property for the purpose of erosion control Property loCated 1.5 miles west of Orient Point. Project to be experimental in nature. Objections by November 17, 1977. 14. R~ceipt of Public Notice from the Department of the Army, Corps of EngineerS in the matter of the application of Northville Industries Corp., for dolphin construction on Long Island Sound at Sound Shore Road, Northville, Riverhead Town. Objections by November 20, 1977. -- Moved by Justice Demarest, seconded by Justice Suter, WHEREAS Northville Construction Inc. has made application to the Town Board of the Town of Southold to dedicate a certain road in Cutchogue, New York to be known as "MATTHEWS LANE" as shown on subdivision map entitled "Northwood" filed in the Suffolk Connty Clerk's Office on May 21, 1970 as Map No. 5469, together with release executed by the owner thereof, and WHEREAS'the Southold Town Highway Superintendent h~sXi~pec~ed the said highway and has advised the Town Board that~said proposed highway complies in all respects with~the specifications for the dedication 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 ~nds described in said application as shown on certain maps attached to said application, ard BE IT RURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to ~orwith cause the.dedication, release and deed to be recorded in the office of the Clerk of the County~of Suffolk New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan~ Justice Suter, Justice Dem~rest. This resolution was declared duly adopted. On motion of Councilman HOman, seconded by Justice Demarest, it was RESOLVED that $97~0~ be and hereby is transferred from Whole Town Surplus to ~3640.4 Civil Defense Contractual~ Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopted. On motion of Councilman Homan, seconded by Justice Sut~r, it was RESOLVED that $125.00 be and hereby is transferred from Fishers Island Ferry District Unexpended Balance to Attorney's Fees. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that Zdzislaw Mikolajczyk be and he hereby is grante~ .a~ s~x months renewal of his trailer application, dated October 12, 1977; location of trailer is south side private road, off east side Main Road, Mattituc~, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopted. Moved by Councilman Homan, seconded by Justice Suter, WHEREAS Sacred Heart R.C. Church, Cutch~gue, New York has applied to the Town C~erk for a Bingo License, and NJ W~EREAS 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 he3..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 ~e and she hereby is directed to issue a Bingo License to Sacred Heart R.C. Church, Cutchogue, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest. This resolution was declared duly adopt. Moved by Councilman Homan, seconded by Justice Demarest WHEREAS the Burton Potter Post 185, American Legion, Greenp~rt, New York has applied to the Town Clerk for a Bingo License Amendment, and WHEREAS the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, N©W, 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 Southol~ the findings and determinations as required by la~, and it is'further RESOLVED that the Town 'Clerk be and she hereby is directed to issue an Amended Bingo License to Burton Potter 185, American Legion, Greenport, New York. Vote of the Town Boards Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopted. Supervisor Martocchia: 15. The Board, pursuant to request, received a metes and bounds description of property of James Bitses at Southold, which he seeks to develop as a cluster development. The description is-befng returned to Mr. Bitses ~as the description Df ~he cluster~.development is only to'-embrace the "buildable area." The-.area adjacent to Corey Creek described as "park and playground" should be :excluded and a new description submitted. 16. The Board has received a draft of an amendment to the Southold Town Code. from Town Attorney Tasker. The Board will study the proposal and act in the near'future. 347 On motion of Councilman Homan, .seconded by Justice Suter, it was RESOLVED-that.Superintendent of Highways of the Town of Southo!d be a~t~ized to advertise, for bids fo~.the following: One Diesel Engine for replacement of ~eng~ne in a~WaTter Snow Fighter. Vote of the Town Boar.d: Ayes,: Supervisor Martocchia, Councilman Rich', Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly~adopted~ On motion~of Councilman Rich, seconded by Councitman.Homan, -~t was RESOLVED ~hat a recess be called at this time, 3:30 P.M., for the purpose of holding a public hearing in the matter of the application of Leo Stack ~or a permit'under the provisions of the-Wetland Ordinance, Application No. 30. Vote of the Town Board: Ayes: SupervisOr Ma~tocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This reSolution was declared duly adopted. Meeting reconvened at 3:35 'P.M. Mrs. Marie Johnson asked the 'Board Who woul~ be responsible~for- the insurance liability for the gymnas~tic equipment the. to~ is purchasing?---Supervisor Martocchia stated they-will own the equipment~a~nd the Town has a $5,000,000. blanket policY, They will also be using the equipment at the Mattituck School a~d they are covered by' insurance.~--Ju'stice Suter stated ~that the reason the town is going to be the owner of the equipment is.~the-fact the gymnastic program has changed directors several times and someone could not take the equipment saying it belongs to the program~ It will be stored in the school with their other equipment. Mr. William Pell asked, in reference~to the $50,000. revenue sharing funds put aside for a compactor, what is going-to the the final,cost and what is the target date for completion of this compactor?--- Supervisor Martocchia stated sometime ago the Board met with representatives of a compactor compan~and they were talking about $200,000. but at.that time it included the building as well.--- Highway SuperintendeRt Dean stated that it all depends upon when the compactor is purchased and if there is a rise in cost, the size required. A survey will have to be done of the whole town as to potential growth, and that will determine size and cost.--- Supervisor Martocchia stated their intention is to start setting money aisde for when a compactor is-required.---Mr. Pell asked when they expect to.have it in operation, two years, five years,'~ ten years?---Supervisor Martocchia stated it wil. 1 probably be mandated by a certain time as to how much longer we can continue to use the present system..---Highway Superintendent Dean stated they will be looking for a grant plan at 60./40 or 80/20 which would take a considerable amount of the burden off of the Town.--- Supervisor Martocchia stated it will be a couple of years at leas~.--- Councilman Homan stated he does not feel it will be a determination made by the Town, it will be made for us. One of the factors nobody has mentioned is that very shortly we will have to go to liners a% the disposal area.-~-Mr. Pell asked if,the town will go-as long as they can without the compactor until they are forced to install one?--- Supervisor Mart9cchia, stated yes, as long as what they are doing is safe. If there are problems with pollution and they must put in a liner, they will do that. Mrs. Gladys Csajko asked if federal revenue sharing is a yearly thing or what?---Supervisor Martocchia indicated federal revenue sharing was renewed six or seven mDnths ago for five years. The ~ati-recession money has no guaran~ee.~further than July 1978 and maybe it will be,~renewed, but it is not certain.---Mrs. Csajko suggested~ that the t~wn start putting money aside toward the ~100% assessment project which will~probab~ come about in the.near future.--- Supervisor Martocchia stated that-at the present time that has been deferred, but when the time comes he believes there will be some ai~ from the State of New York, that was part of the c~nditions.---Mrs. Csa~ko feels it would be a good idea to start building up a:fund for that.---Supervisor Martocchia stated the Board might have to start puttin~ funds aside for court cases. Many stores are in bad sh~p~ finanici~ly, they are not getting a return on t~eir investment, and the courts usually rule in favor on such matters. The worth of the buildin~ does not mea~a thing, ~th~y go in retur~on the investment. For instance, Hill's is applying for a reduction. This hurts the schools, town ~and country. Many times %he town tries to settle out ~f court, it saves considerable legal fees, appraIsals do not have to be hired to testify in c~urt; t~is can be avoided by a settlement out of court. (Supervisor ~artocchia continued to speak on various assessing procedures, adjustments that must be made'on assessments, the function of the Grievance Review Board.) Mrs. Marie Johnson asked whether, when big couporations apply for building permits, must they automatically be given, or can the town exercise some control. The three in a row in Mattituck could not succeed, we could have seen this coming. It would be a great way to go out and spend a great deal of money and then pay no taxes on it because you can claim it is not working.---Supervisor Martocchia stated that first zone changes are ofter involved, site plans must be approved by the ,Planning Board. Mrs. Johnson stated that .the master plan must certainly have not indicated the need for three huge shopping centers in a row.--- Justice Demarest stated what we originally have is a change of zone for business and once property is set aside for business because it should be concentrated ~n certain areas, and if someone comes along and buys it for a shopping center it is