HomeMy WebLinkAboutTB-11/29/1977SOUTHOLD TOWN BOARD
November 29, 1977
A regular meeting of the Southold Town Board was held on Tuesday,
Novemb~ 29~ 1977 at the So0tho~d 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
Councilman James H. Rich, Jr.
Councilman James Homan
Justice Martin Suter
Justice Louis M. Demarest
Town Attorney Robert W. Tasker
Town Clerk Judith T. Terry
Absent: Justice Francais T. Doyen
On motion of Justice Suter, seconded by. JustiCe Demarest, it was
RESOLVED that the Southold Town Bpard minUtes of November 10, 1977
and Novemberl5, 1977 be and hereby are approved as submitted.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman H0man, Justice Suter, Justice Demarest.
This resolution Was declared duly adopted.
On motion of Councilman Homan, seconded by Councilm~n Rich, it was
RESOLVED that the next ~egular~m~et%n~ of the Southodd Town Board
will be _held at 3:00 P.M., Tuesday December 6, 1977 at-the Southold
Town Hail, Main Road, Southold, New York
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. Reminder of ~he Corps 9f Engineers hearing, Public
Notice No. 9105 relative to the LILCO Jamesport jetties on
December 8, 1977 at the Riverhead Senior Hi'ghSchool on Osborne
Avenue at 7:00 P.M.
2. ~eceipt of a letter from Newton E. Faulkner, Secretary
of the'Nassau Point Property Owners Association relative to areas
on Nassau Point that are extremely low and constantly fill up with
water and cause hazardous driving, especZally in the winte~ when
freezing takes place. Three sites are mentioned, in addition to
a fourth 'site on Skunk La'ne. This matter has been referred to
the Highway Department.
3. A letter, d~rected to Highway Superintendent Dean, has
bren received from Robert Morgado, Secretary to ~overnor Carey
stating that the New York Commissioner of TranspO~tation has
assured him they plan to implement an ihcrease in the number of
snow and ice control trucks and front-end loaders, and under
consideration is an addition of eight truek drivers to the existing
force. The Department of TranspOrtatio~ expects to give acceptable
service for snow and ice control in'the Town of Southold this winter.
4. Receipt of a letter from Edward A. Lademann, Jr. asking
to be considered for the position of Building Inspector when a
vacancy becomes available. There will be a vacancy J~nuary 1~, 1978
wheTM se~or Building Inspeet6r Howard Terry retires~on D~cember 31st.
5. Letter from Du-Rite Printing a~d Mailing Inc., West Islip
stating-~their company was the successful bidder tO do-'the excess
prin,ting requirements for the ~ounty o~ Suffolk'. Mdst of the town's
printing is done locally.
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6. Invitation to attend an Eagle Court of Honor for Andy
Ficurilli,. Kerry Heaney, Burt Parks on Friday, December 2, 1977
at 8:00 P.M. at St. Agnes Hall, Greenport. Ail of the board
members have been invited to attend.
7. Receipt of a post card from Captain High L. Switzer, a
long time resident of ~oldsmith"s Inlet, protesting the removal
of the jetty.
8. Letter from the Mattituck C~amber of Commerce, directed
to Austin Emory, Regional Director of the New York State Department
of Transportation, asking for assurances that Route 25 between Laurel
and Mattituck will remain open to traffic at all times during the
constrUction of:a By-Pass road in 1978.---chie~ carl Cataidb .S~ted'
the bulk of construction will take place on ~he acquired prop~f~Y
and not ~he Main Road, the disruption to the-Main Road'will be ~ini.mal.
On motion of Justice Suter, seconded by Councilman Rich,
WHEREAS the Southold Town Board by resolution dated Ockober 28, 1977
advertised for sealed bids fox Main Bayview Road Improvements, Federal
Project No. 01-51-22357.1 and
WHEREAS on November 14, 1977 at 10:00 A.M. four sealed bids were
received and opened and the firm of Lyon & Reboli, paving Contractors,
Inc., Comsewogue Road, East Setauke~ New York were determined to be
the lowest DeS~nsi~le bidders, now, therefore, be it
RESOLVED that Lyon<:& Reboli, Paving Contractors., Inc., ComsewQgue
Road, East Setauket, New York be and hereby are awarded the contract
f~r the Main Bayview Road Improvements, Southold, New York, Federal
Project No. 01-51-22357.L~ at ~he bid amount af $233,759.00 (AI'ternate
1 - less $13,475.00),~ and be it further
RESOLVED that Supervisor Albert M. Martocchia be and he 'hereby
is authorized to enter into a contract wi~h Lyon & Reboli. Paving
Contractors, Inc. for the Main Bayview Road Improvements, Sohthold
New York, Federal Project No. 01-51-22357.1.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman.
Rich, Councilman Horn, Justice Suter, Justice Demarest.
This resolutio~ was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that Supervisor Albert M. Martocchia be and he.~hereby is
authorized to advertise for bids'for the purchase of fuel oil,
effective January 1', 1978, for the Town Hall, ~Justice Court
building and Highway Department buildings. .~
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was d~cla'red duly ad6pted.
Supervisor Martocchia:
9. Receipt of a letter of request from Dr. Lawrence T. Waitz,
Treas'urer of the Incorporated Long Island Chap~gr, ~ew York 'State
Archaeological Association, Southold, New York for funds They state
the Town ga~e them $500.00 last year and find they have a deficit'of
~601.18 for the first n~ne months of 1977. The Board feels they
cannot exceed ~he $500.00.
On motion of Councilman Rich, seconded by Councilman Homart, it was
RESOLVED that %he Town of Southold contribute $500.00 to the
Incorporated Long Isiand Chapter, New York State Archaeological
Association, Southold,' 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 Justice Demarest, seconded by Justice Suter,
~I~EREAS Eleanor L. Ruch, as Executr!x of the Estate of Valentine
Ruch, IV, deceased, applied ~o the Southold Town Board for a per~it
under the provisions of the Wetland 'Ordinance of the Town of Sou~hold,
app!icatibn dated July 25, 1977, and
WHEREAS said application was referred to the Southold'Town Trustees~
and to the Southold Town Conservation Advisory Council for thei~ findings
3,7?
and recommendations, and
WHEREAS a public hearing was held by the Town Board with respect
to said application on the 15th day of November, 1977, at which time
all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that Eleanor L. Ruch, as Executrix
of the Estate of Valentine Ruch, IV, deceased, be granted permission
under the provisions of the Wetland Ordinance of the Town of Southold
to deposit approximately 1500 cubic yards of clean fill to secure a
5 ft. elevation in an area between Middle Road and a line determined
to be 100 ft. from the ordinary high water mark of Arshamomaque Pond,
Middle Road (C.R. 27), Southold, New York, PROVIDED a method of
retaining the fill at the southerh boundary 100 ft. from Arshamomaque
Pond be established and approved by the Building Department.
Vobe of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Moved by Councilman Homan, seconded by Councilman Rich,
WHEREAS Albert L. DeLauro applied to the Southold Town Board for a
permit under the provisions of the Wetland Ordinance of the Town
of Southold, application dated September 20, 1977, and
WHEREAS said application was referred to the Southold Town Trustees
and the Southold Town Conserva~ on Advisory Council for their findings
and recommendations, and
WHEREAS a public hearing was held by the Town Board with respect to
said application on the 15th day of November 1977, at which time
all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that Albert L. DeLauro, 140 Caroline
Road, Paramus, New Jersey be ~ranted permission under the provisions
of the Wetland Ordinance of the Town of Southold to extend and re-
enforce b~lkhead return to prevent erosion of soil into channel at Lot
43, Harbor Lights Estates Section 2, Harbor Lights Drive,/ Southold,
New York. on a dredged canal to Town Harbor
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocqhia:
10. The application for a change of zone at Orient by Barbara
and William Schriever is bein~ held over for further consideration
before the Board make a decision.
11. The Board has received a request from Building Inspector
~oward Terry relative to his retirement and payment adjustment for
30 sick days and 30 vacation days due him. The Board feels the
requests are in order and should be paid.
Moved by Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that the Town Board invites sealed bids to be pr~ented
to the Town of Southold by General Con~tors, to be received
by the Town Clerk in the Town Hall 53095 Main Road, Southold, New
York, 11971 on or before 10:00 A.M. Prevailing Time on December 8,
1977 at which time they will be publicly opened and read aloud; the
contracts for all work will be awarded as soon thereafter as
practicable for the
TOWN HALL ADDITION
TOWN OF SOUT~OLD
SNFFDLK, COUNTY, N~ YORK
Information for Bidder, Forms of Proposal, Contracu Agreement,
Specifications, Drawings and all other bidding documents can~be
examined at the Town Hall between December ~, 1977 and December 8,
1977. Copies~of the above may be obtained at the-Town Hall~
A deposit of $25.00 will be required for each set of. Contract
Documents. Any bidder returning sets ~within thirty (30) days
after bid opening and in good condition will be refunded his
deposit in full Any non-bidder returning sets in good condition
will be refunded one-half his depositf
This project is Federally ~unded by t~e Economic Development
~dministration under the Public Works Employment Act of 1976.
Ail bids must be submitted in ,brown sealed envelopes with' t~
following data clearly indicated:
1. Federal Project Number: ~0t~51-22356
2. Title: Tpwn Hall Addition
3 Date od'Op~ning: December 8~ 1977 ~
4. Time of 0penlng~: 10:00 A.M~ - ~ ~
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice '~uter, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Councilman ~oman, it was
RESOLVED that $20.00 be transferred from the General Fund Unexpended
Balance to~A3610.4 Board of Assessment Review, and $110.00 be
transferred from the General Fund Unexpen'ded B~ta-nce to A7140.4
Recreational Center. ' .....
Rich, Councilma~~ Homan, Justice Suter, Justice Demarest.
This resolutionwas declared duty adopted.
(Supervisor Martocchia explained that the $20.00 transfer to the
Board of Assessmen.t Review was due to the fact the Board of Housing
Appeals was slso incorporated in that account and they ran $20.00
over what they expected. The $110.00 breaks down to an appraisal
by William Smith in the amount of $35.00 for the recreation center
and $75.00 for a survey by Van Tuyl. After this is paid the Town
submits a paid bill to the County and they will reimburse the ~Town
from a $53,'O00 credit we have.)
On motion of Justice Demarest, seconded by Justice Suter, it was
RESOLVED that $769.66 be and hereby is transferred-from the Fishers
Island Ferry District Theater Account to the Airport Account.
Vote of the Town BOard: Ayes: ~Supervisor Martocchia, Councilman
Rich, Councilman Homart, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Demarest, it was
RESOLVED that $37,500.00 be and hereby is encumbered from the un-
expended balance 1977, Fishe3~S~Island Ferry District, for a Bow
Thruster for the new Vessel.
Vote of the Town Boar~/Ayes: Superv~or Martocchia, Councilman
Rich, Councilman Hom~, Justice Suter, Justice Demarest.
This resolution wa~/decla~red~ duly adopted.
On motion of C~cilman Homan, seconded by Justice Suter, it was
RESOLVED that the name of Anthony Blados, Cutchogue, New York, be
and hereby is recommended to Ronald Buckingham, Director of Fire
Sa~a~y, Yaphank, New York, as the Southold Town representative to
the Fire Advisory Board~
Vote of the Town Board: Ayes:~ Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly a~d.~p~_.
Supervisor Martocchia:
12. A request has been ~eceived from the Police Department
that a stop sign be placed on Matthews Lane, Cutchogue, to regulate
traffic going onto Cox's Lane, and a stop sign be placed on Highwood
Road, Southold to regulate traffic going ~nto North Bayview Road.
The study was made by Patrolman Sidor. The Town Highway Committee
and Highway Superintendent will study the r~quest before a hearing
is held for entering these signs into the ~ehicle & Traffic Ordinance,
13. Receipt of a letter from Building Inspector Howard Terry
requesting the Board to adopt an ordinance banning the use of
aluminum wiring inside of buildings. Mr. Terry attached a copy
of an article in "Engineering News Record" pertainin~ to this subject.
Supervisor Martocchia stated the Board has considered such an ordin-
ance an~e Town Attorney has studied it. The matter will be pursued
further.
On motion of Councilman Homart, seconded by Councilman Rich, it was
RESOLVED that'audited Highway bills in the amount of $1017.40, and
General Fund bills in the amount of $1160.20 be and hereby are ordered
paid.
Vote of the Town Boardr Ayes: Superviso'r Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
379
On motion of Justice Demarest, seconded by Justice Suter, it was
RESOLVED that the Town Board of the Town of Southold accepts a
$90,000.00 bond for hhe roads and improvements in Blue'Horizons, Section
I, Pecnnic, New York, and a $110,000'.00 bond for roads and improvements
in BluS Horizons, Section II, Pecon±c, ~New York, own-ed and
devlloped by C.P.F. Land Couporation.
Vote of the Town Board: Ayes: Supervisor. Martocchia, Conncilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor M~r~Cch'i~ stated that cons~d~ab~ time was spent
today disCussing the Year III HUD resolution. A resolution was
sent to the Board for adoption which was contrary to what was
agreed to by the Board two or three years ago. The Town has
lived up to the letter of the law of what HUD required of us.
Under Stage IIIwhereby the Town would receive $93,000. to complete
the recreation center at Peconic. There is $52,000 credit with
the County o'f Suffolk under stage II. HUD has incorporated into
the S~age III resolution' conditions which the Town has not agreed
to. The Board has modified the rssolution, ho~s~er, it is unknown
whether HUD will accep~ the Town's version.
Moved by supervisor Martocchia, seconnded by Justice Snter,
~EREAS, The Town of Southold has ex,ecuted
a Copperation Agreement with the County cf Suffolk
for the purposes of receiving Federal Community Development
funds under the Housing and Community Development Act of
1974 (P.Li~ 93~383); and
WHEREAS, The Department of Housing and-Urban
Development (HUD) has approved the Year ~II application of
Suffolk COunty upon condition that the County and the Consortium
memb~ers ~ovide assurances in the form of certified local~
governingi body resolutions ~that each cooperating mnnicip'ality
will tak'~l positive action necesmary~,for the development of
its proportionate share of the housing units called ~for Under
the current ~Hou~ing AsSistance Pla~ and will not impose any
unreasonable impedimen~ts to the development of suck units
called for hnder the Housing Assistance Plan, and
~IREREAS the Secretary requires assurance that
affirmative steps will be taken to impelm~nt the Suffolk County
Housing ~sslistance Plan as a condition to the recempt of Year
III Community Development funds by the Town of Southold for
various, p~o~jects or activities as deccribed in the approved
Applicat~ion, Now, therefore be it
~RESOLVED, that the Town of Southcld hereby
acknowledges its commi%ment to the goals of the ~HAP, as
.... approved iby HUD; and be it further
iRESOLVED that the Town of Southold asserts that
it has h~retofore set aside various parcels of land for the
development ot its ~hare of the housing units called for
under the current Housing Assistance Plan and that~ it will
not impoS~ any unreasonable ~mpediments to-such housing-developmen~
provided that the same comply with all local laws and
regulations of the Town of Southold.
Vote o~ ~he Town Board: Ayes: Supervisor Martocchia,.~Co'u'ncilman
Rich, COUnci'lman Homan~ Justice Sut~r,- Justice Demares~
This resolut~on was declared duly adop~ed.
Mr.-John B. Tuthill President, and Robert J. Douglass T~ustee
of the Oysterponds Ro~ and Gun Club, Inc., appeared before the
Board and Mr. Tuthill read the following letter~
380
"~t a special meeting~og ,the Oysterponds Rod & Gun Club Board of
Directors on 11/22/77 the subject of New York State and-Suffolk
County opening a bow and arrow deer season throughout Suffolk
County ~as discussed.
After considering-all~ s~ides~and~possible prQblems~ that
this might cause, it was voted-,to present you the Southold
Town Board with a written and personally presented request
that you pass an ordinance closing Southcld Town tO such a
deer season, and influx of out Of t~own hunter problems.
It was also brought to ou~ attention tha.t the State was
considering opening the state park ta this hunting. It
against what we believe the Orient people desire for the park
land that they gave, for as it stands now it is a sanctuary
for birds and animals and our belief-that this is how it should
remain.
If one species is to be ~unted all others will also be
invaded. We therefore request that you attempt to stop any
such move as this through your influence with our other
governing bodies.'
Mr. Tuthill Stated that the State-of New York has opened up. Suffolk
County from December 5th through 30th for deer hunting with a bow
and arrow. He would like to see Southold Town ban such a season.
Town Attorney Task-er stated he'does not believe Southold Town can
introduce such a ban.---Justice-Demarest stated the only thing
Southold Town can close it to is the local season with guns, ~hat
is a local option. There is no local option on bow and arrow.
If the people in Orient are concerned, and the Gun Club, the Gun
Club ~can stop anyone f.rom hunting on' property controlled by-,the
Gun Club.---Mr. Tuthill stated that ~it ~s not al,1 posted, becau~se
there are certain people who don't want their land posted, and they
are the ones against this the most,---Justice Demarest-s~a,ted that
to hunt the hunter must have permissio~ from the land owner.---Mr.
Douglass asked about the State park situation, they h.ave opened
other S~a~Ee parks, 'and a word from. the Town might help .prevent
this from happening.---Supervisor Martocchia stated he will make
some calls to the proper agencies to see what can be done.---
Justice Demarest stated that the bad part about this season is
that nnyone with a bow and ~arrow can go deer hunting. Anywhere
wlse in the State of New York where bow hunting is allowed th~ hunter
must have a special permit~ The S~ate's explaination is that tbey~
did not have time to set up a ~esting program for Long Island ---
Mrs. Gladys Casjk~ asked if this sea'son included shooting deer with
guns also?---Supervisor Martocchia stated it is-just bow and a~row.
(Considerable discussxon followed.)---Mr. William Pell III suggested
that the Town go to the DEC and ~sked that Southold Town be removed
~rom the area for b~w and arrow hunting. Supervisor Martocchia
stated~he will make an attempt to do that.
Mrs. Gladys Csajko asked, on the rebid of the town hall addition if they
are putting out the same specifications of have they been changed?~w~
Supervisor Martocchia stated they will be the same specifications,.but this
time only for the construction of the building.---Mrs. Csajko asked what
will happen if they still do tot get any bids?---Justice Demarest stated
he believes if that happens the federal government will allow, the
town to sit down with a contractor to try to reach a negotiated contract.~--n~
One of the things that makes it so difficult for such a relatively small ~
project, is the number Of rep0r~s, the fact a certain postion of the ~?~ ~
work must be done by minority people and reports must be submitted'to
determine these people are on the ~ob; The bookkeeping is so extensive,
~%nd some of the contractors have been involved in these projects 'before
and they don't want ~y part of it. ~
On motion of Justice Surer, seconded by Councilman Homan, it was
RESOLVED that there being no further business to come b~fore this
Town Board meeting adjournment be ~called at 3:50 P.M.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homart, JuStice Suter, Justice Demarest.
This resolution was declared duly adopted.
j~ju'u~i~'~ee T~r r y &~