HomeMy WebLinkAboutTB-12/20/1977SOUTHOLD TOWN BOARD
December 20, 1977
A regular meeting of the Southold Town Board was hel~ on Tuesday,
December 20, 1977 at the Southold Town Hall, Main Road, Southold,
New Yorkl Supervisor Martocchia opened the meeting at 3:00 P.M.
with the following present:
Supervisor Albert M. Martocchia
Councilman James H. Rich, J~.
Councilman James Homan
Justice Martin Suter
Justice Louis M. Demarest
Town Attorney Robert W. Tasker
Town Clerk Judith T. Terry
Absent: Justice Francis T. Doyen
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the Southold gown Board minutes of meetings held on
December 6, 1977 and special meeting of December 15, 1977 be and
hereby are approved as submitted.
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, sec6nded by Justice Demarest, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be the Organizational meeting to be held at 3:00 P.M.,
Tuesday, January 3, 1978 at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman H~man, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
(Supervisor Martocchia stated that th~ swearing-in ceremonies
for the public officials will be held at the Southold Town Hall,
Main Road, Southold, New York at 10:00 A.M., January 2, 1978.
There will be light refreshmehts and family and friends are
invited.)
On motion of Councilman Homan, seconded by Councilman' Rich, it was
RESOLVED that the following audited bills be and hereby are ordered
paid: General Fund bills in the amount of $50,661.99; Fishers
Island FaEry District bills in the amount of $11,451.81; and Highway
Department bills in the amount of $12,606.60.
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 Rich, seconded by Justice Suter, it was
RESOLVED that $24,619.93 be and hereby is ordered transferred
from Town General Funds Surplus to:
Town Board, Contractual Al010.4 - $219.30
Justices, Contractual Al110.4 - $565.16
Supervisor, Contractual A1220.4 - $41.48
Assessors, Contractual A1355.4 - $538.53
Town Attorney, Contractual A1420.4 - $71.78
Buildings, Contractual - A1620.4 - $3,699.15 (salt building)
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Traffic Control, Contractual A3310.4 - $49.58
Refuse & Garbage, Contractual A8160.4 - $559~45
Unallaocated Insurance Al010.4 - $18,875.50
and be it further RESOLVED that $20,736.85 be and hereby is trans-
ferred from Part Town Surplus to
Bay C~nstable, Contractual B3130.4 - $194.35
Unallocated Insurance B10tO.4 -$20,542.50
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 Councilman Rich,
WHEREAS William and Barbara Schriever by application dated
March 22, 1977 petitioned the Town Board of the Town of Southold
for a cha~ge of zone on certain property situated at Orient, New: '
York, from "A" Resdiential and A~ricultural District to "B" Light
Bueiness District, and
WHEREAS the said petition was referred to the Southold ~own Plan-
ning Board and the Suffolk County Department of Planning for
official recommendation and report, and
WHEREAS, the Town Board pursuant to due notice, held a public
hearing thereon on the 15th day of November 1977, at 7:30 P.M.
at which time all interested persons were given an opportunity
to be heard,
NOW, THEREFORE, BE IT RESOLVED that William and Barbara Schriever
be and hereby are denied the relief demanded in said petition for
the following reasons:
1. The requested change is inconsistent with the Town of
Southold Development Plan.
2. It is inconsistent with the residential pattern of zonim~
and character of the area east of Tabo~ Road.
3. The resultant increase in traffic generation wuuld be
ptoentially hazardous to children at~ending Oyster-Ponds Union Free
School on the north side of Main Road.
4. The proposed change would constitute the unwarranted
extensive encroachment Of business zoning into a residential
district an~ would be considered spot zoning.
Vote of theTown Board: Ayes: Supervisor Martocchia, Councilma~
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resoltuion was declared duly adQpted.
Supervisor Martocchia:
1. Receipt of a letter from John Bianchet, Administrator II,
Suffolk County Office for the Aging relative to Title IV-A of
the Older Americans Act - Training Session Agreement. Before the' ~
Town Board takes any action on this proposed agreement they will
talk to Mrs. Mary Tuthill of°tSe Nutrition Program to determine
her feelings on the matter.
2. Letter from the Suffolk County Police Department relative
to their arson squad. The~ wish to supplement it with additional
personnel from other than police fields. They recommend that a
member of the building department from the Town of Southold be
included ~ -this board. The individual they recommend is H~ward
Terry, who is retiring December 31st. The Board will send another
representative fromthe Southold Town Building Department.
3. Receipt of a letter from Anthony Noto, Suffolk County
Legislator, 12th Legislative District relative to Introductory
Local Law ~ L.I.I.I. Resolution ~1001 which is a Local Law in e~tab-
kishing standards and procedures for. rental housing for the
Department of S0~ial S~rvices in the County of Suffolk. This ~'
proposed local law has been' vet~ed by the Suffolk County Executive
and today the County Legislature is going to override the County
Executive. The Town will abide by whatever decision is made by ~he
Legislature.
4. Receipt of a check in the amount of $51,725.00 from %he
Suffolk County Treasurer. representing the mortgage tax allocation
due the Town of So~thold for the ~iix month period ending Septembe'r
30, 1977.
5. he Board has proposed ordinances for aluminum wiring and
self-s-e~vice gas sta~igns. They would like ro have comments from the
local fire departments'before a hearing is scheduled on the
proposed laws.
6. Receipt of a letter from.Councilwoman Mary A..Falton of
the Town of East Hampton. The new administration will not
consider FHA loans for homes on private roads. The Town-of
East Hampton would li~e the Town of Southold to support their
position~ Mrs.~ Fat.lon has written Betters to Senator Jacob
Javits ~a~d Congressman Otis Pike. ~he Town will await ~on~ress-
man Pike~'s reply.
7. Letter from the United States Coas~ Guard Auxiliary
Walter G. Seely, DCP relative to a vessel the Town has in their
possession at this time and want to return to the Office of
Emergency Preparedness.---Justice Suter stated that the commander
of thin'east end division has written to the Town stating he is
not in a~ position to comment as he has not received an~ information.
Commander~O'Neill,who is.the commander of the group in Mattituck
does not Wish to make any comment until he has checked with his
group. The-Town should await until these individuals reply to the
Town.
8. Letter from Dr. Paul M. Ross relative to a program~he has
in mind c~lled "Fit-Trail". It consists basically of an exercise
course which can be layed out in accordance with the town planning and
20 e~erc~se stations with instructions on specific exercises with the
appropriate signs and equipment necessary to perform the exercises.
The Board has looked over the program, and will make copies of the
brochure and~send ~it to the three loca~l schools to see if they wish
to think about it and~ put it into their programs for adults.
9. Letter fr~m Gary Flanner Olsen, Esq. relative to Leisure
Greens, ~nc., Cutchogue. Mr. Olsen wishes ho action be taken at this
time until he has an opportunity to discuss the ma~tter further with
his client.
L0. There fs presently a problem .in Matti~tuck Inlet with
barges d~uble parking% The Town Trustees have objec~ed-.~o piling
being insltalled. ~ The matter is being ~referred back to the Town
Trustee~ !for whatever action they wish to take.
11. ~he matter of the sign, Item 19 on the agenda, will not
be acted upon. The sign will be paid for by the general contractor.
12~. ~Let~e~from Automatic Data Processing, the firm that
handles the -payroll for the Town. '.relative to their proposal to
handle the. unemploymen~insu~rance f~ the Town. The Board has
agreed to take care of their own unemployment.
On motion of Councilman.Homan, seconded by Councilman Rich, it was
~ESOLVED that the Town Board of the Town of Southold hereby agrees
to the rate ~ncrease from $5.00 to $t0.00 ~y Thompson Central, Station
Alarm Services, Inc. for their sub. contract monitoring only service ,
now provided for other licensed companies connecting directly to
their equipment in Police Headquarters.
Vote of ~the Town Board: Ayes: Supervisor M~rtocchia, Councilman
Rich, Councilman Homan, JuStice Suter, Justice Demarest.
This resolution was declared dul~ ad~p~ed~!~
On motion of Justice Demarest, seconded by Justice Suter, .it was
RESOLVED ~that pursuant to the provisions of Section 284 of the
Highway Law, the Town Board of the Town of Southold agrees that
moneys levied and collected for the repair and improvement of
Highways, and received from the State for the repair and improve-
'ment of:Highways, shall be expended as follows: GE~2{AL REPAIRS..
The Sum of $570,000.00 may be expended for general repairs upon
177.42 miles of town highways, including sluices, culverts and
bridges having a sp~n of less than five feet and boardwalks or the
renewals thereof. This agreement shall take effect when it is
approved by the County Superintendent of ~ighways.
Vote of tbs Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman ~man, Justice Suter, Justice Demarest.
This resolution was d~clared duly adopted.
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On motion of Councilman~Homan, seconded by Councilman Rich, it.w~s
RESOLVED that $3,500.~00 be and hereby is transferred from Highway
Item I, General Repairs Personnel Services DR5110.1 to Highway
Item I, General Repairs Contractual DR5110.4.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Dmmarest.
On motion of Justice Suter, seconded by Justice Demarest, it was
RESOLVED that $3,900.00 be and hereby is transferred from Highway
Item III Surplus to Highway Item III Machinery Contractual DM51~0.4
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 Demarest, seconded by Councilman Rich, it was
RESOLVED that $1,500.00 be and hereby is transferred from Highway
Item IV State Retirement DS9110.8 to Highway Item IV Contractual
Miscellaneous DS5140.4
Vote of the Town Board: Ayes: Supervisor Martocch~ Councilman
Rich, Eouncilman Homan, Justice Suter, ~ustice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Justice Suter, it was
RESOLVED that $3,950.00 be and hereby is transferred from Highway
Item IV State Retirement DS9010.8 t~ Highway Item IV Contractual
Snow and Ice Removal DS5142.4
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia:
13. The Board is planning on placing chain link fence in the
rear of the TOwn property, along property acquired to give access
to Traveler Street on the north. Some estimates have been received
and money has been set aside for this purpose. One estimate for
4 ft. chain lin~ fence 445 ft. in length would be $1,387.00, which
is quite reasonable.
On motion of Councilman PIoman, seconded by Justice Demarsst, it was
RESOLVED that Supervisor Albert M. MartoCchia be and he hereby is-.
authorized to sign a~contract.with William B. Smith, Southold, New
York for the lease of office space for Justice Rich, effective
January 1, 19/~ at tne cost o~ $~5.00 per month plus all utilities
to be included. ~Loca~i~n o~ the o~fice,~south side Route~2/A,
Southold, New York.
Vote of the Town Board: Ayes: Supervisor Martoccnia, Councilman
Rich, Councilman Homart, Justice Suter, Justice Demares~.
This reolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that the appliC~ation dated November 22, .1977 submitted by
Smauel Brown, requesting a sixmonths renewal of his single family
trailer on the west side Tuthill's Lane, Cutchogue be and hereby
is renewed for six months.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman ~Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On moticun~of Councilman Homan, seconded by Justice Demarest, it was
RESOLVED that ~Bond No. 7262 BCA issued by The-Aetna Casualty
ans Surety Company in the name of George Mellas, Tax Receiver,
Town of South~ld~in the am~Ount of $I00,~00.00 be and hereby is
approved as to its form, manner of ~xecution, and sufficiency
of sureties therein.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman H~man, Justice Su.ter, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that $18,922.36 be and hereby is ~ransferred from.~ishers
Island Ferry District Repairs of Buildings and Docks to:
Operation of Ferries - $18,327.37
Office Expense - $369.99
Commissioners Fees Account - $225.00
and $2,466.51 be and hereby is transferred from Repair to the
Ferry Account to:
Insurance Account = $555.00
Ferry Account - $1,911.51
and $1,308.82 be and hereby is transferred from Repair to tls
Ferry Account to
Operation of Ferry - $923.99.
Office Expense - $94.73
Mail $200.00
Attorneys Fees $76.00
New Ferry Account - $14.10
Vote of the Town Board: Ayes: Supervisor Martoc~hia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Th~s resolution was declared duly adopted.
Supervisor Martocchia:
14. The Supervisor has made some final contacts with the
State of New York with reference with snow removal ice control,
sanding, salt, etc. and yesterd~ the agreement forms were received.---
Town Attorney Tasker stated the Town Board was c~ntemplating a one
year contract, but the contract is for a term of three years at
the minimum. Also, the Town was contemplating subcontracting
the work with private contractors and the contract prohibits
this. They may only subcontract with another municipality. Also,
it was contemplated the "sand mater£als" would be supplied by the
State amd the contact spec£fies the Town pay for that themselves
and seek reimbursement later. It was contemplated there would be
an adHance deposit to the Town to pay for the contacted work, but
~heDcQnt~a~ does not provide for it.' It provides for 1/4 payment
in December, 1/4 in January, ~/4 in February and the balance not
later than next ~ly. Therefore the terms and conditions of the
contract don't appear to conform to the understandings tha~ the
Town beleived would be in the contract.---Supervisor Martocchia
stated that with ~11 the ~iven reasons it does not appear the
To%rn can enter into this type of a contract and will not depend
on the Sta%e to handle the work.
Moved by Justice Demarest, seoncded by Councilman Roch it was
RESOLVED th~ the resolution awa~di'ng the contract to the general
contractor for the town hall addition Minnesota Construction
Co~n~D~be~rclS, 1977 be and hereby is amended as follows:
W~EREAS the Southold Town Board by resolution dated-.~ovember 22,
1977 advertised for ~ea~led bids for the general construction of
the Town Hall Addition, Federal Project No. 01-51-22356, and
W~EREAS on December 8, 1977 at 10:00 A.M. six sealed bids were
received aRd opened and the firm of Minnesota Construction Corp.,
24 Fort Salonga Road, centerport~ New York was determined to be
the 10weS.~espo~sib~e bidder, now , therefore, be it
RESOLVED that Minnesota Construction Corp., 24 Fort Salonga Road,
CenterpOr~, New York be and hereby is awarded the contract for
the general construction of the Town Hall Addition, Federal Project
No. 01-51-22356 at the net bid pri~ of $147,300.00. (Base Bid
$160 000.00 accepting alternates ~,8,10 12 - $12,700.00), and
be it further
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
aUthorized to enter into a contract with Minnesota Construction
Corp for the general construction of the Town Hall Addition,
Federal Project No. 01-51-22'356.
Vote of theTown Board: Ayes: Supervisor Martocch~ , Councilman
Rich, Councilman Homan, Justice Suter~ Justice Demarest.
This resolution was declared duly adopted.
Moved by Councilman Rich, seconded by Justice Demarest, it was
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RESOLVED that the resolution awarding the contract kO the plumbing
contractor for the town hall addition, Metro Plumbing East on
December 15, 1977 be and hereby is amended as follows:
WHEREAS the Southold Town Board by resolution dated October 28,
1977 advertised for sealed bids for the Town Hall Addition,
Federal Project No. 01~51-22356 and
W~EREAS on November 22, 1977 at 10:00 A.M. two sealed bids were
received and opened for the plumbing contract and the firm of
Metro Plumbing East, P.O. Box 347, Aquebogue, New York was
determined to be the lowest responsible bidder, now, thereoorw
be it
RESOLVED that Metro Plumbing East, P.O. 347, Aquebogue New
York be and hereby is awarded the contract for plumbing installa-
tion in the Town Hall Addition, Federal Project No. 01-51-22356
at the net bid price of ~19,184.00 ( Base Bid $22,164.00, accept-
int alternate I - $2980.00), and be it further
RESOLVED that Supervisor Albert M~ Martocchia be and he hereby
is authorized to enter into a contract with Metro Plumbing East
for the plumbing installation in the Town Hall Addition, Federal
Project No. 01-51-22356.
Vote of theTown Board: Ayes: Supervisor Martocchia0 Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On motion of Justice Demarest seconded by Justice Suter, it was
R~OLVED that the Town of Southold ac'cept Savings Account Passbook
~ 0 10 16416 8 in the name of Robert Waddington, containing the
sum of $20,070.34 in lieu of a bond for .plumbing contractor for
Town Hall Addition, Federal Project 01-51-22356, Metro Plumbing
East.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Mrs. Gladys Csajko asked what the $570,000.00 resolution for the
Highways pertained to?---Supervisor Msrtocchia stated that~it
part of his budget for r~xt.year but he m~st receiva a~thorization
to draw upon it.'-,-Town ~ttorney Tasker stated that under the
provisions of the Highway Law the Town~Boa. rd has to agree, that
the Superintendent of Highways can use the funds he gets from
State Aide for Highway repair purposes.
Mrs. Ca'~jko asked wha is in charge of the ~town dump?-~S~pe.rvlsor
Martocchia stated~it is the Public Works Department, Mr. Raymond
Dean is in charge.---Mrs. Csajko. asked how many are employed there?---
Supervisor Martocchia stated there are three town e~pl~e-s~n~ ~
two CETA employees.=--Mrs. Csa]ko s~tated she was tt the dump this
past week and the condition was terrible with garbage, papers, junk
along the fence.--~Justice Dematest stated that the severe winds
~overed up gast enough, and unless th~-requirement to t~e:newspapers
and magazines is enforced, the problem-will never~be solved.---
Mrs. Csajko asked if some funds couldn't be obtained to hire a
couple of kids to clean up the area~---Councilman Eoman stated
could be cl.eaned up one day'and when someone dumps a tuckk load
of loose garbage and debris and the problem is created all oeer
again.---Councilman Rich stated he agreed with Mrs. Csajko that
it did look bad the other day~ but p~evious to that he had been
there and thought how well it looked. There are many fac~tors
that cause the problem from one day to the next.---Supervisor
Martocchia stated he observed the same problem as Mrs~ Csajko
and went ~ight to the Highway Department and made ~ complaint.-~
Mrs. Jean Tiedke said her husband had been there last week and
said how well the disposal area was that particular day
Mrs. Csajko asked if' there is any possibility the temporary
cover over the railroad overpass-cou~ld become permanent after
the project is completed?---Supervisor stated he will
look into keeping~if if it looks Well when the project is completed.
Justice Suter presented the following program for newly inducted
Eagle Scouts Charles H~ Smith, Drew E. Dillingham, Mattituck New
Yokr and Kerry Heaney, Burt Parks, Andy Ficurilli, Greenport
New York=--Justice Suter introduced the scouts to the Board
members and stated the boys have already had their Eagle Court
of Honor and received their awards through the officials of the
Boy Scouts of America. In a~dition to thinks it ~ld be very
nice for the Town of Southold, the oldest town in New York State
to also take a few minutes of official time and place on the record
the Southold Town Board presented~'to each of the boys. Everyone
is quick to'pick on the young people who do something wrong,
we should take a few minutes to show that those who do something
good deserve a lot of attention and the Town Board of the Town
cf Southold is very aware of this.
WHEREAS, through diligence and hard work in your daily Living
you have s~t high .standards for yourself, and
WHEREAS, the basis for development for yuur own personal code
of conduct could not provide a better guidance and will contribute
to a more meaningful life, and
WHEREAS, you will continue ~o be guided in your daily living by
the scout oath and code,
NOW, THEREFORE, BE IT RESOLVED that Charles H. Smith Drew E.
Dillingham, Kerry Heaney, Burt Parks and Andy Ficurilli has
achieved the highest rank of scouting.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homart, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Mrs. Csajko questioned Town Attorney masker relative to a
special exception being applied for by John Xikis to construct
a motel and restaruant on the south side of Route 27, west of
Albertson Lane, Greenport, under Article VI, Section 100-60, Sub-
section B (1) (b).---Mrs. Csajko feels this matter should be for
a change of zone.---Town Attorney Tasker stated the property is
zoned business which doesn't permit a motel except by Special
exception.---Mrs. Csajko feels they are asking for a special
exception from a special exception.---Mr. Ta~er stated he does
not believe am~ ~el is permitted in a business zone without a
special exception. They can have the restaurant as a matter of
right in a business zone. The Code states, since the property
is in a light business district, it permits under Section k00-60 A
restaurants, B is uses by special exception. One of the uses by
special exception is any use which is allowed under subsection
B93), (4) and (5) of Section 100-50 which is the multiple dwelling
district and (4) is hotels and motels.---Mrs. Csajko agreed to
discuss the matter further after the meeting with Mr. Tasker.
Mrs. ~ean Tiedke asked if additional copies of Dr. Glaeser's
report onthe LILCO jetties could be sent to the Corps of
Engineers, members of the siting board, two examiners, Dr.
Schwartz and Mr. Suss.---Supervisor Martocchia said they would
take care of the matter.
Mr. William Weinheimer asked when the tax bills were going out?---
Supervisor Martocchia stated the official mailing hasn't taken
place yet. It all ~inges on a new company receiving the con,ct
this past year and there ~s a hold up of four months waiting for
the old company to give the magnetic tapes to the new company.
Therefore all the work has been four months behind. The new ~
company Belmil has a three year contract ~nd there should be no
further hold ups in the future.
Supervisor Martocchia thanked Councilman James Rich for serving
the Town of Southold in the Councilman position for the past
eight years. He did a fine job and contributed extensively to
the Town Board as an cfficialo Councilman Rich will become a
Town Justice January 1, 1978.
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Supervisor Martocchia thanked Justice Demarestl his-"second
legal advisor". Justice Demarest has tremendous knowledge
of the Town of SouthOld in hi~ hggd ~r the past 24 years.
He has served in many capacities la,d-oh ma~y many different -
committee~o AlWays served well, very intelligent in'Town - ·
governement. Excelled in the ffnancial field of the To~
Supervisor Martodchia has leaned on-Justice Demarest many
times over the past years and he-.h~s always responded one
hundred percent. The appreciation of the entire Town is
with him and well wishes for the coming years.
On motion of~Justice Suter, seconded b~ COuncilman Homan, it was
RESOLVED that there being no further business to come before this
Town Board meeting ad3ournment be called at 4:00 P.M.
Vote of the'Town Board: Ayes: Supervisor Martocchia, Councilman~
Rich, Councilman Homan, Justice Suter, J~stice Demarest. ':
Town Clerk