HomeMy WebLinkAboutTB-03/09/1976SOUTHOLD'TOWN BOARD MINUTES
March]9, 1976
A regular meeting of the Southold Town.Board was held on Tuesday,
March. 9, 1976.at the_Town Board Meeting Room, 16 South S~r,eet,
Greenport; New:York;' 'SuperVisor Ma~tocchia opened the me~%ing as
3:00 p.m..~ with the following present:
Supervisor Albert M. Martocchia
Councilman James H. Rich, Jr.
Councilman James Homan
Justics'Martin Surer
Justice Louis M. Demarest
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Town Clerk Judith T. Boken
Absent:
Justice Francis T..Doyen
On motion of, Councilman Homan, seconded by Councilman Rich, it was
RESOLVED' that the February 20, 1976 minutes of a regular town board
meeting b.~ approved as submitted.
Vote of the Town Board: Ayes: Supervisor Martocchia, CounciIman
Rich, 'Councilman. Homan, Justice Sdter, Justice Demare~t.
This resolution was declared duly adopted.
On motion of Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that the next regular meeting of the SoUthold Town Board
will be held at 3:00 p.m., Tuesday, March 23, i1976 at the Town
Board Meeting RoOm, 16 South Street, Greenport, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer., Justice .Demarest.~
This resolution was declared duly adopted..
0nmotion of CoUncilman Rich, sebonded byCouncilman Homan, i~ was
RESOLVED that the Feb~uar. y reports Of Supervisor Martocchi&,
Building Department, Police Department, and Justice Surer be
accepted and plhced on file.
Boar . Ayes: Supervisor Martocchia, Councilman
Vote of the Town d'
Rich, Councilman Homan, Justice Surer., Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia reported:
1. Letter from the'Nor~th Fork Environmental Council express-
ing their opposition~to the proposed transportation of nuclear
waste through Southold.~Town~from Brookhaven.--Supervisor Martocchia
Stated theTown Board met with Health Departmant individuals prior
to this meeting and studying the area with them on Sunday afternoon
regardingthe proposed six trips of transportation the waste through
Southold Town, andmthe Board will do everything in their .ouris-
diction to keep it as safe as possible with all the necessary
protection for the ~eople of~Southold Town.
On motion of Councilman Homan~ ~econded by Co-unc~m~uRich, it was
~0!16~"i~ ~'s 8b~i~iesFf~o~nbge~h~i~i e~i~ het-dl.i~fe~;b~ow¢lo ~t ¢Z~25; 000. O0
Vot$ of the Town BoarR: Ayes: Supervmsor Martocchia, Councilman
Rich, Councilman Homart, ~ustice Surer, Justice Demarest.
This resolution was declared duly adopted.
2. Letter from theNorth Fork Animal League commending Police
Officer Fie~er, Police Officer Clark and Sergeant Bokina for the
fine work they did in rescuing a dog from an ice flow.
3. Letter from the Department of Transportation, State of
New York giving Southold Town approval for the improvement of the
Town's street lights.' There is an agreement with the New York
Telephone_Company for pole attachments.
4. Letter from Xaren Scaramucci, Mattituck, requesting that
the Town Board hold night meetings. _ Supervisor Martocchia spoke
on the phone to. Miss Scaramucci stating the Board had tried night
meetings in the past, but didnot average more people than the day
meetings, but stated the Board will hold night meetings again in
the near future.
5; Letter from the D.A.R. requesting permission to plant a
tre!e i~.honor Of the bicentennial.on Sunday, April 4, 1976 at
.00 p.~m. at the S. Wentworth Horton ?ark, Greenport, and inviting
the Town Board members to attend,.
6. Request from the SOuthold Little League for £unds.--
SuperVisor Martocchia stat.ed at 'the proper time an apportioned
amount:will be available for that purpose.
Moved. ~y:. J~stice Demarest, seconded by Justice Surer,
W~ER~A~;.Henry F. Moisa has submitted his resignation from the
S0uth~d Towu. Planning Board effective December 31, 1975, and
WHEREAS Henry .F.' Moisa has faithfully served 'the Town of Southold
as 1ViDe~Chairman of the Planning Board since April 1957, and
WHEREA~; his record of.fine service to the Town of SouT/~old and its
people.~.deserves the sincere gratitude of those with whom and for
whom.~, iWorked, .
NOW,:.:~.P~'FORE, BE IT RESOLVED that the Town. Board of the Town of
s0u~t~0~d~axpresses its appreciation to Henry F. Moisa for his long
rbco,~ b~ ,.~ine am_d dedicated service, and its best wishes for the
ye ars and
BE I~ RESOLVED that this resolution be made a part of the
records of the Town of Southold, and that a copy be sent
F. Moisa.
Vote Board:: - Ayes: Supervisor Martocchia, CoUncilman
fHoman, ~.Justice Surer, Justice Demarest. _.
-~declared duly .adopted .....
,t of report of Elaine-Kaldor, Town Auditor, for .the
of Wiedersum Associates- on_the results of the test
prmposed addition to the ~to-wn hall in Southold.
on-m~:~ i:0£ Councilman Rich,, seconded by 'C-ou~oikman 'Homan,-i-t-was
RESOL~p ;that provisional police ~o£ficers Dennis R. Bannon~ .John
E, ~Cl~Jgoseph C; ~Gordon, and ~John H. Ship be and ~hereby are
appoih~d permanent, poIice officers of 'the Town of Southold, effective
Marc~ ~, %976 at salaries specified Under the P.B.A, contract.
Vote Town Board: Ayes: Supervisor Martocchia, CounQilman
RiCh, _Homart, Justice Surer, _Justice Demarest. .
This~! ...declared duly. adopted.
Mr T. Latham,._Orient,: _read a _statement' to the Town Board,
~. an ad hoc _committee, expressing their ~opposition to a
.road~north~of the .Main Road in Orient, and str'enuously
the Planning Board's requirement that said road be
that area and asking .the Town Board
to :ately excise and delete said road from the development
p~an and in the future. Said r_oad would: 1..serve no public
.2. cause additional population saturation intruding upon
of individuals in the area; 3. the imposition on
subdividers of the .requirement to make .available. land
'fo~r t,'a road would ~result in many law suits. (.Letter on file
in !own Clerk's Office. )~-Supervisor MartOcchia stated the Town
bodY_has not _discussed the ~matter, but will _do so in
th~' future with the Planning Board. --
Mrs. )eaking on behalf of-her_ husband~ Leon Marcus,~
'~asked-:if ther~e is-no decision on ~the. :aforementioned ~road,
that_ g could.be_held on-it ~.o_r some' form of-application to'
the Board.-,Supervisor Martocchia advised the Town Board
wil with thee _Planning Boar~- .......... - -
MrI. ~e~l~.:Logerwell:, :Southold;: ;representing the .M~ttituck Gun'
C~l.ub !~sented_ the Board 'with a petition with o~er ]~O00. names.
wnmct~ ~s sent to Assemblyman Perry B. Duryea. opposing, 'Assembly
Bill #819Q which gives.the towns-:o£~Southold and' Shelter Island
the right ~to regulate hunting and prohibit the. discharge of fire-
arms. The original of ~the Detition will go to A~semblyman Raymond
J. Lill, Chairman of the Local Government Committee. They feel
that adequate laws already existing, with regard tothe regulation
of firearms and with proper enforcement everyone's problems .with
regard to firearms could reasonably-and~proPerly be resolved.
They respeCtfully.request that theToWn Board of Southold consider
withdrawing ,this. biI1 in the._~ariuer'w~i, ch 'S~elter Island didwhen
it did not serve the needs or desires of the majority of the
citizens'and residents.--Supervisor Martocchia advised that at a
meeting on Friday, Assemblyman~Duryea stated that the amended~bill
must. be redrafted 'excluding Shelter Island, and there-:will be'
another draft including Southold.Town ....
Mr.~Dick_Leslie, Orient,~asked about the aforementioned road in
Orient and the authority o£ the Planning Board.--Supervisor
Martocchia stated he would like Town Attorney Tasker to answer
such a technical question.--Town,Attorney Tasker~ stated the
so-called ~street. has no legal significance whatsoever. The: ToWn
Board appoints the members to the Planning Board, in the~sense
that the Town Board approves the rules and regulations of the
Planning Board, and in the sense that .certain discretionary-matters
in the Town La~ can~he delegated to the Planning Board, the Town
Boated has %hat authority. In.other matters they do not have that
authority. The Town Law says that the Town Board may appoint a
P:laoning Board and delegate to that Planning~Board the authority
to approve subdivision.maps, and once they have done it they then
have the authority.-~Mr. Daniel Lathamstated that before ~he was
named chairman to the committee he personally went_to the residents
and obtained 35_name.s in_opposition to the proposed road and a
wish to have it deleted. . ~ · ~
Ms. COnstance_Rim,~ Mattituck, read a lette~ to ~he Town Board
stating Sauthold residents deser, vea ~vigilant attitude on the
part of the Town Board in regard to the.planned shipmentl of radio-
active wastes from Brookhaven National Laboratory to the Orient
ferry, urging a careful study of the stand taken by New York City
health officials; further stating that the Brookhaven shipments
may he only the beginning of frequent and much larger loads of
extremely~haz~rdo~s wastes..-Supervisor Martocchia stated the
matter has been discussed at much length; the route studied and
tal~ked with numerous officials. The Town Board is disturbed with
the Cross Soond Ferry that they have accepted the responsibility
without consulting with the Town Board, likewise with theBrook~
haven Lab. (Co~y of Ms. Pim's letter is on file in the Town
Clerk's Office.) ....
Mr. Donald Tuthill, Southold, .expressed his concern with the high
line which is apparentlM_being sought on Sound AvenueRoad. The
road is narrow, the poles are very close and he understands the
voltage is higher than the normal high~tension lines.--Supervisor
Martocchia~stated ~the Board had discussed' the matter today with
the Town Attorney to see what course of acti~on the Town can take.
They have a Tranchise to run that route of a.-99 year duration, and
the Townhad given'that right years ago prior to the renewal where
theycan~have thosep.oles going through to service the area.-'Mr.
Tuthill asked that in the future consideration be given to putting
a limit~on the voltage. -
Mrs. Gladys Csajko, President of the Council of Allied Associations
read a letter regarding a quote attributed to Justice Demarest w~ich
appeared in~ the Suffolk Times: "I am ~certain that the last time
the Town of Southold wasrezoned we got money from the federal and
state governments for it. ~In return the planners hadto do such
things as make provisions for an airport on the north shore in
Mattituck. We're tied in this way to alot of things." The
Association. asks-is or is not Southold Town obligate~ some time
in the future to.allow this airport upon demand of the~ federal
~r~ ~state government; and second, what are the other "things, we
obligated the Town to in order to receive these funds. (copy of
letter on file in the Town Clerk's Office.)--Supervisor Martocchia
stated that during the Albertson administration funds were avail-
able for a project :wher~e~Southbld Town only picked up a small
share for a study. Many proposals were rejected and further items
can beeliminated and changes made, it is only a development plan
as things were seen at that time.--Justice Demarest stated he
qualified his statement with the fact the planners had to put on
the map anything that was required by the Department of Aviation
in Albany.-,Mrs~ Csajko asked What-bther things-the Town~,was tied
into.--Supervisor MartooChia stated an "M" zone in Mattituck which
was turned down, changes in New Suffolk._ The plau can be changed
and~has been.--Mrs~ Csajko indicated, with regard to the proposed
road~ih 0rien~, the residents Shouldkeep in mind the map also
shows Soundview Avenue being extended along the North Shore from
Mattituck to Goldsmith's Inlet and Oregon alsobeing extended with
a short ro~d' connecting it, etc.
Mrs. ~Joyoe Terry, Orient, asked what the status is of the money
that New Yo~k S~ate has appropriated for the enlargement of the
Orient~Point Ferry,--Supervisor MartocChia stated 'there is $300,000.
that New¥ork State has for improvements to transportation. The
Boardhas offered a resolution that $100,000. of it should go to
Fishers~tsland for the improvement of the entrance of their harbor
where the ferry goes to New London. The balance of $200,000. New
York State has for the improvement of the facilities at Orient
Point, such as another loading ramp and some dolphins.-~The Board
passed.a~resolution some two months ago reluctantly accepting the
Orient site for the ferry-, however, if it expands a small amount
the 'Bo~rd~is unopposed, but if it develops into anythin~g large the
Board~&ser~est~e right to change their resolution to opposed.
The Board feels the building to the right of.the ramp should be
conver~d ~into a waiting room~ and rest rooms.--Mrs. Terry asked
if there might be a Stgte hearing..--Supervisor Martocchia is
unawareoE"such a hearing.--Justice Demarest stated in a recent
letter from Mr. Emory of the State, he indicated that it was
possibi~ t~ere would be a hearing.--Supervisor Martocchia stated a
~ecisi0nmust be madealmost immediately, as the money will not be
avai~abteJ~fter the 1st o~ April as the~new ~6dget begins then and
the money yill not be in the new budget.--Mrs. Marcus indicated
her ~esir~ for a hearing on the matter.~-Mrs.~.Sherley Eatz stated
it was~ her understanding Cross Sound Ferry applied for the $200,000.
as a~isu~i~ ~.Was it.appr0vedOr does ~it still remain.in the hands
Of the ~own.--Supervisor Martocchia stated the State of New-Y0~k
will ~oM~iye the money to a private agency, but they will accept
~he ~e~blai~ng~the sponsor of handling the moneY.'-Mr.~.John~Tuthill
as~e~W~y-~a~ money be used for a private business when it-will be
a det~i~en~ to all of the residents.--SuPervisor Martocchia stated
they hame been told that our tax money is being spent every day in
0therdm~&~c~ions~~ and~it is felt the situation can be improve@ and
made mo~e Confortable for the residents.
Mrs. Sherley Katz stated it is her understanding there ~are planned
re~urn ~rips with nuclear waste going back to Brookhaven Lab.--
Super$i~or M~rto~0cbia stated he was not advised on-such, return trips.
Mrs. Jo~ce Terry asked the Board to oppo,se the grant to improve
the fer~y. Mr.~William Williams of Orient stated in his obSerVation
the vas~ majority of Orient residents are opposed to the proposed
~w road at Orient and the town should oppose.-rMr. Nick Plackis
s~.atedhis~-opposi~io~to the propose~ ~road,~previously.discussed,
~O~ld.~0nty improve traffic,-.and that would de,eat the object of-
rien~ .~es~ir.e..£or continued ~ural~c~aracter~ ~Mr~ Williams ~and
Mr.~Pla~kis also expressed~thei~r opposition to the improvement~ of
~he f~y.-~Mr. John Tuthilt state~ his~fear' of~a serious marine
acciden~ at[the ferry site and the present site-~is~not for a ferry,
it s~u~.-b~ in a safe harbor. ~ -
Considerable discussion was held relative to the transportation of
nuclear waste by the individuals present and the Town Board members.
Basio.~eeling is Overwhelmingly-against the project~ -
On motion of Councilman Rich, secondad by.Supervisor Martocchia,
it was
RESOLVED that the Townof 'Southold sponsor the $200,000 New¥ork
State,grant ~o the Cross SoUmd Fe~ry,~Orient, for dmprovement (not
expansion) of their bulkheading, new ramp, improvement 0£ sanitary
facilitie~ to respectabilitY, provisions for a waiting room, and it
is further ·
RESOLVED t~at eXPend~g o~th~'~$200,O00 be cleared w±ththeToWn~
of Southold as the work progresses. --~ ~
Vote Of.'the T0~n Board: ~Ayes: Superv~s0r Mar~occhia, Councilman
Rich, C~unc~lman ~H~m~an, ~ustice_Suter. .No~ Jus~Ace Dem~rest..
This resolution was~declared duly ~opted~ -.
on.:mo~ion:~of Councilman .Rich, se'¢~nd~d by Councilman. Homan, it ~wa.s
RESOL~D t~at..:a re..~ess:_be:.:oall~:._,a.t_ 5:~05-p.m., m~eting~:t9 reconvene
at -8:0O,~p.m. .
Vote pf.~e+T~ ~Bo~r~;:: :-~S:;. ~Pe~v~r ~Mar~0co~, Councilman
Rich, Councilm~ Hom~, Justice Surer, Justi~euDema~es%_m.:~
This resolution was declared duly adopted.
This ~e~-mee~ing~'-6~ the',~Sou~hold'To~ B6ard-o'~.~arch-~, 19~6-
rec0nvened, at. ~: OO. p.m. ~..~e s~ ~ · SMperMisor llb~M~t- M.. Mar~p 0chia,
Co~cilm~ tJx. eM H~ Ric~, .J~_, _C0~cilman James HQm~, Justice.
Martin Suter, Justice Louis M.-Demarest., To~ Attorney R~b~rt ~WJ
Tasker, Highway Superintendent ~aymond C..De~, To~ Clerk Judith
T. Boken.. .... :_.:.._, ........ ~ . . .
supervisor Mar~oc6hia reported:
~ 9~_ ~ ~Re~eip~ q~th~ fo!~owing ~notio~s ~f~m th~ ;N~w York State
De~e~ ~of~ Enviro~ental ~onserMat~o .~.
~ .~ ~.~ ~o~ o~ Sg~u~!d~ ~r ~Dermi~sion ~$0 ma~tenanoe~edge
approxi~at~iT~ 1290~.~eet ~o~ ~ e~isting
b. William R. ~ell,~ Greenport~,~ .f0r~permiss~O~-~Oareptace
~ existing ~plat~0rm ~d ~oonstr~0~ ~0~ 8Qu!ine~ fe~et~o~ 9p~n
timber dock at Stir!ing Creek, Greenport. Object~on~-b~Ap~u!,
1976.
~ ~. o. ~$er&ing~Har~or~Shipy~~ &/M~rina,/~Graen~p~t, for
permission to ~construc~t approximately 12~0. feat of ~im~ b~!~e~
in two segments at Sterling ~Creek, Greenport.. Objections ~ Mar~h
i8, 1976~u~ ~[~ .....
d. Pierce Yacht~Basin,~ tn0]~ ~or ~e~ission to dredge a
75 foot by 290 foot area, removing approximzte!y 12,000 cubic
yards of material at Stirting:Basi?, GreenpoD~
March 12~ 1976~ ..... ~.
10. ~ Request from the Greenpqrt School Art ~oje~t tQ-place
a 3-dimensioaal ~Wetcome to Greenport si~ at the end of the S.
Wentworth Horton Park~, Greenport.
' ' ' ' ' . ' ' ~ ~
Req~::,by..tR~ Board..t~:t [S~perviso~ M~rtocc~ia~ cont~ot
Brookhav~ Laboratory on the..-matte~ of 2r~usRortat!o~ of .ra~io'
active waste in ~ effort to establish better report, ~d report
back to the -T-o~ B0ard~-: .
.ll-. Receipt of a lette~-from th~ Long Isled-:Farm ~_ea~~
Inc. Opposing the Jamesport Nuclear Power Pl~t project and stating
they.are moving to intervene i~ediately in the Article VIII
hearings./~or the purpose ,of securing ~estimon~ r~garding the toxic
ra%ia~ion ~d the east: ~end. eva:c~a~on a.speots off LtLCO's proposal.,~
On motion of Councilman Homan,.sec0nded by-CoBncitman Rich, it was
RESOLVED: that th~'TownBPa~ o~ .~-he. T0wn-D~_SoBthold-cpncumtS with
the resolution adopted b~ the Town.-of Huntington objeP%ing, to.the
prpPO~d Senat~ Bill,No._ ~tl-,_.and'~ssemb!y-Bi.tl__No. 157~ ~ :An~_ Act
to. Amend the/Navigation.Law, In Retationfto:-the DefinimtiOn_O~ the-
Navigable Waters of the State;, said bill.~m~nds Navig~t&9~Ltw,
Section 2, Subdivision ~ with the effect of including tidewaters-
in Nassau and Suffolk Counties within'the definition of ".navigable
waters.og...the s%ate., giving the state jurisdiction over bays-and
inlets ..... :- ~ ~- .-~ ~ -
Vote of the Town Board:. ~y~s:..iSuPerviS0~-.Ma~%occhia,: ~o~ncilman
Rich, Councilman Homan, .Justice Surer, Justice Demarest.
This-resolution was declared du~y adopte~. _ .......
On motion of Councilman Rich, seconded by Councilman Homan, it w~s
RESOLVED that Sup~rvisor:Albertm_M. Mar~occhiabe and_he'hereby:is
directed to r. equest.CATV to provide th~ To_wu of $ou~hotd~h, a
P & L Statement.and bala~.ce sheet as it.~Rplies_to theSouthold
Town CATV Franchise.
Vote of. the Tgwn Board: .Ayes: Supervisor Martocchia, councilman
Rich, Councilman Homan, Justice Sure,. Justice Demarest.
This resolution was declared duly adopted,
On motion of Councilman Rich, seconded by Councilman Homan,. it was
RESOLVED that the Department of Public WOrks be and they hereby are
authorized to proceed with immediate construction of two or possibly
three sanitary faciltiies for c~ertain town beaches; said beaches to
be des%gnated by the To~n Board.
Vote of the 'Town Board: Ayes: ~.Superv~isor Martocchia, Councilman Rich,
Coun6i%m~ Homan, Justice $'~r, Ji~stice Demarest.
This ~s6~ution was: declared duty adopted.
On mOtio~o£ Councilman R'i0h, Seconded by Councilman"Hom~an, it was
RESOL~EDillthat Stephen Mazzaferro, Southotd, NewYork, be and he
here~ appointed Dog Warden £or the Town of Southold, on a provisional
basis,:i!until an appointment can be.made from the civl! service list,
e£fec~i~.iMarch 16, 1976 at a salarY of ~6,500.00 per annum, to be '~
paidosan ~gular. semi-monthty payments, and it is further .' '.
RES~LVED.~that said Stephen Mazzaferro work under the direct supervision
o£ SuperviSor Albert M. Martocchia,'who will ~lso arrange Mr. MaZza£erro's
work schedule.
Vote off,he.Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Surer, Justice Demarest.
This/r~s~tution was declared ~uly adopted. ~
On motiom of Justice Demarest, seconded by Justice Surer, it was
RESOLVED that Lois Mellas, Greenport, New York, be and she hereby is°
appointed Dog Warden for the Town of Southo!d, on a provisional basis
until an ap.pointment can be made from the ~ivil service list, effective
March 16,'1976 at a 'salary of ~6,500~00 per annum, to be paid in regular
sem~-month~y payments, and it is further
RESOLVED ~hat said Lois Mellas work under the direct supervision of
Supervisor Albert M. Martocchia, who will also arrange Ms. Mellas'
work Schedule.
Vote og--the-Town Board: Ayes: Supervisor Martocchia, Cotuacitman Rich,
Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Moved by Councilman Rich, seconded by CounCilman Homa~
WH~RE~tS,.Carl Cataldo, PoliceChief o£ the Southold Town Police
Department has made written char~es against James P. Mellas, a
patrolman in the Southold Town Police Department, which written
charges were filed with this Boardonn March 9, 1976,
NOW, TPiEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southold hold a haaring or trial with respect to said charges on the
2 nd day ~f'April, 1976, at 10 o'clock A.M., at the Southo!d Town
Supervisor's Of£ice, 16 South Street, Greenport, New York.
IT IS FURTHER RESOLVED, that the Supervisor shall cause a written
notice of such hearing or trial together with a copy of the charges
preferred annexed thereto, to be served upon the said James P. Mellas
as required by law; that the said James P. Mel!as be given not less
than £ivedays after the receipt of said notice within which to make
and file an answer in writing to said charges with the Supervisor at
his offi¢~ at 16 South Street, Greenport, New York; that the said
JamesP?~.~e!las shall have the right to be represented by counsel
at sai~ hearing ot trial and shall have the right to s~]mmon witnesses°
on his behalf.
Vote~og ~he'Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
Counciim~n Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Counc±lman Rich, it was
RESOLV/RO that Supervisor glbert M. Martocchia be and he hereby is
authorized and directed to sign the necessary papers in favor of
Assembly Bill Mo. 9764, AN ACT to amend chapter six hundred ninety-
nine 0£.~helaws of~in~e~n hundred forty~seven, entitled "An Act
authorizing the adquisition, construction, equipment and operation
of a public ferry for hire from Fishers I~land across'waters of Long
Island~smnd~ authorizing the creation o£ Fishers Island ferry district
mn the Town. of Southold, Suf£otk County and providing for the election o£
its o££icers and management of its affairs; authorizing t~e collection
of ferriage charges; authorizing the issuance and sale of obligations
o£ said town and providing for their payment; authorizing the levy and
colleqtion o~ taxes; and providing £or other related matters, "in relation
to paM~ent o£ acquisition and equipment of ferries for said district and
compensation of commissioners.
Vote of theTown Board: Ayes: Supervisor Martocchia, C0uncilmanRich,
Councilman Homan, Justice Surer, Justice Dmearest.
This res0Iution was declared duly adopted.
On motion mfCounci!man Homart, sedonded by Justice Demarest, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereUy, is
authorized and directed to sign the necessary papers in favo~ of
Senate Bill No. S-7733, AN ACT to amend chapter six hundred ninety-
nine of the laws of nineteen hundred f~rty-seven, entitled "An Act~
authorizing the acquisition, constr~ction, equipment and operat'iO~ of
a public ferryfor hire £rom Fishers Island across waters of Long~
Island Sound; authorizing the creation of Fishers Island'ferry district
in the Town of Southold, Suffolk County and providing for the~e~ction
of itd officers and management of its. affairs; authorizing the c~ollectio~
of ferriage aharges; authorizing the issuance and sale of oblig~i,0nS
of said town and providing for their payment; authorizing the levy and
collection of taxes; and ~roviding for other related matters, "in
relation to payment of acquisition and equipment of ferries forsaid
district and compensation of commissioners
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman' Rich,
Councilman Homan, Justice Surer, Justice Demarest.
This reso~2~n was declared duly adopted.
Moved by Justice Demarest, seconded by Justice Surer,
WHEREAS Oscar Goldin has applied to the Town Board for a single
trailer renewal permit dated February 23, 19~,
NOW, THEREFORE, BE IT RE~OLVED that the application of 0scar~Go~din
to locate a single trsiler on his property at Lot # 60, Gree~p~t
Driving.'Park, south side Lirmett Street, Greenport, NewYork,
and hereby i's~granted for a period of six ~6~ months.
Vote of the To~m Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice DemarestZ
This resolution was declared duly adopted.
Moved by Councilman Rich, seconded by Councilman Homan,
WHEREAS Isidore P. Krupski has applied to the Town Board for-a single
trailer renewal permit dated February 11, 1976,
NOW, THEREFORE, BE IT RESOLVED that the application of Isidore P.
Xrupski to locate a single trailer on the north side Nain Road,
approximately 1,000 feet east of BayAvenue, Cutchogue, New York
for the purpose of housing farm help be renewed for six (6) months~
Vot-e~of the Town Boar'd: Ayes: Supervisor Martocchia, Councilman Ric~,
Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Moved byJustice Surer, seconded ~y Councilman Homan,
WHEREAS Zdzislaw Mikolajczyk has applied to the Town Board far a
single trailer renewal permit dated February 23, 1976,
NOW~ THEREFORE, BE IT RESOLVED that the application of Zdzislaw
Mikolajczyk to locate a single trailer on the south side of private'
r~ad, off east side Main Road, Mattituck, New York, ba ~eneWed~ ~r~a
period of six (6) months. ' '
Vote of the Town'Board: Ayes: Supervisor Martocchia, Councilman:~i~',
Councilman Homan, Justice Surer, ~dstice Demarest.
This resolution was delcared duly adopted.
Mo~ed by JUstice Surer, seconded by Justice Demarest,
WHEREAS Florence Steiner has applied to the TownBoard £or_a
trailer renewal permit dated February 2~, 1976,
NOW, THEREFORE, BE IT RESOLVED that the application of Florence
Steiner to locate a si~le ~&~r on her property on private':'road
(John's Road), off east'side Main Road, Mattituck, New York, be
renewed for a period of six (6) months.
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 Councilman Rich, it was
RESOLVED that th'e Superintendent of Highways or,he Town of SOuthold
be authorized to advertise for bids and to purchase from the lowest
resp.onsi-ble bidder, the following.:
12 - 3' x 8' Drainage RingS
30 - 4'6" x 8' Drainage Rings
30 - 3'¢' x 8' Drainage Domes
Vote~of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
ouncil~an.Homan, Justice Surer, Justice Demarest.
his re~lution was declared duly adopted. _
0nmotion of Justice Surer, seconded by Councilman Rich, it was
RESOLVED that the Superintendent of Highways be and he hereby is
aUthOrized'to a~vertise for bids and 'to purchase from the lowest
responsible bidder two new ~976 dump trucks or equal.
Vote of.~the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich'~ cduncilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councitmam Homan, seconded by Justice Surer, it ~as
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to sign a quit claim deed to the Nassau Point Causeway
Association for the northerly one-half of 'a portion Of Nassau Point
~oad, heretofore abandoned by the Town Of Southo!d.
Vote of the Town Board: Ayes; Supervisor Martocchia, Councilman Rich,
Cotum_cilman Homan, Justice Surer, Justice Demarest.
This-resolution was declared duly adopted.
Mpved by Councilman Rich, seconded by Councilman Homart,
WHEREAS, an action was commenced by John E. Rath against the ~own of
Southol~.in the Supreme Court, Suffolk County by the service of a summons
and. complaint on January 24, 1974, whereSn the plaintiff alleged that by
reason of the reconstruction and real!ignment of a portion of North Bay
Vie~ Road, a town highway, at the westerly approach to Goose Creek Bridge
at'Southold, New York, by the Highway Department of the Town of Southold,
a portion of the plaintiff's property was encrouched upon resulting in
a de facto Condemnation ldaereof and that a certain chain link fence was
removed, and a quaniity o~ fill was removed from plaintiff's propert~~
all to the damag of the plaintiff in the amount of $41,000.00, and
WHE~.EAS, an examination of the f ~ts and cmrcumstantes of the clazms of the
plaintiff has been made by the Town AttOrney who h&~ advised thi.s Board
that in his opinion certain of the claims alleged have merit and that a
trial o£.~the issues ~ould involve considerable expense with an attendant
uncertti~ty of outcome, and
w-~rEREAS; the plaintiff is willing to compromise and settle his ~ammes of
action upon the following terms and conditions, to wit:
A. That the Plaintiff execute and deliver to the Town of Southold
quit claim deeds to three parcels of real property adjacent to North Bay
View Road consisting of (1) a parcel of land comprising an area of 412
square feet located on the east Ride of North Bay View Road approximately
1900 feet south of Fine Neck Road; (2) a ~Brcel of land comprisingzan area
of 201~ square feet located on the north side of North'Bay View Road at
the westerly approach of ~oose Creek Bridge; and (3) a parcel of land
comprising an area of 3766 square feet located on the south side of North
BaM Vilew Road at the westerly approach to Goose Creek Bridge,. al~ as shown
and delineated on a certain' map prepared by Young ~md Young of Riverhead,
New York dated February 11, 1976 and revised March 12, 1976, a copy of which
map is hereby directed to be filed in the Town Clerk's Office.
B. That the Town of Southold relocate an existing chain link fence on
plain!iff"s property from its present location to the new boundary line
established by the conveyance described in paragraph A (1) above.
C; That the Town of Southold pay to the plaintiff the sum of $10,000.00
in full'settlement of any and all claims alleged in plaintiff's comp!aint.q
-D;~'Th~t plaintiff execute and deliver to ihe Town of Southold a general
release of any and all claims alleged in plaintiff's complaint, and
WHEREAS; it is believed to be in the best interest of the Town of Southold
to accept the offer of the plaintiff, John E. Rath to compromise and settle
said causes of action as hereinabove set forth, without further cost and
expense to the town,
NOW, T~0RE, BE IT RESOLVED: That the offer of settlement of John E.
· ath a~ he~ein~bove ~etforth be and the same hereby is accepted, subject
to the'~pp~ova! by a Justice of the Supreme Court pursuant ~o Section
68 o~.!~h~?own La~, and it is further
RESOLV~D,..~hat the' Town Attorney of the Town of Southold be and he hereby
is de~%gna~ed asthe.of£icer o£ the'Town who shall apply for such appFoval
pursuant 20 Secti6n ~68 Pf the Town Law,' and it is further
RESOLVED, that upon the approval of a Justice of the Supreme~ C~t, the
Supervisor pay to the said John E. Rath the sum of $10,000.00 to be paid
from funds made available pursuant to the provisions of Section 68,
subdivision 3 of the Town Law,~ in full settlement of'all claims of the
plaintiff upon receiving a proper release in settlement thereof and upon
receiving proper deeds £~%recordab!e form from the p!ain~if£'¢0nysying
to the Town of Southold the three parcels of real property her~inabove
mentioned, and it is further
RESOLVED, that the Town Attorney be and he hereby is authorized and
directed to execute on behalf of the Town of Southold such stipulations
and other required instruments to ef£ect the settlement and d~sc~in-
uance of said causes of action by John E. Rath ag~ns~
Southotd. ~
Vote of the Town Board: Ayes: Supervisor Martocchia,'Council~ Rich.,
Councilman Homan, Justice Suter~, Justice Demarest.
This resolution was declared duly adopted.
On motion of Jus6~ce'Demares{_, .se~conded by JUsti%ce Surer, i% was
RESOLVED that the Town of SouthoId accep~ ~the bid for new polic~.~
cars of J.J. Hart's Rivarha~d~Ford at $1~,7~1.~2 for four 1~]
Ford Custom SD0 four-~oor sad~s as per specifications,. ~itha
trade-in of vehicles # 847, # 851, # 853 and a 1970 Plymouth
Fury detective car.
Vote of the Town Board: AMes Supervisor Martocchia, Council~u' Rich,
Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilman Rich, it w~as
RESOLVED that the following audited bills submitted on Warrant No. 3
be and hereby are approved 'for payment: General Bills in the amoUnt
of $38,010.04; Fishers Island Ferry DistriCt Bills in the amount of
~49,/I./15.10; Highway Department bills in the amount of $23,377..36; and
Special Districts Fund bills in the amount o£
Vote of the Town BoarR: Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Surer, Justice DemareSt
This resolution was declared duly adopted.
On .motion of Councilman Homau, -seconded by Justice Surer, it was
RESOLVED that the bid of Aer!ift Sales Inc., Ronkonkoma, N..Y. in the.
amount of $8,687.00 for an aerial lift and utility body andi_dn~ta!lation,
be. accepted and that the .Supervisor be authorize~ to enfer
for the same.
Vote of the Town Board: Supervisor Martocchia, CouncitmanRiDh~
COuncilman Homan, Justice SUrer, Justice_Demarest.
This resolution was declared duly adopted.
On motion o£ Councilman Hom~an, SedOnded by Justice Sute~,. it ~as
RESOLVED that the ~b±d of M~hasset' Mp~0~.s~o Su~pty~'S~o~°~
with a utility trUdk chasiS at'$4,838.00 asper specifications be
and hereby is accepted~and that Supervisor Marf0cchia be and he hereby
is authorized to enter into a contract for same.
Vote of the Town Board: Ayes: Supervisor Mart~cchia, Councilman Rich.,
Councilman Homan, Justice Suter,~ Justide DemareSt.
This resolution was declared duly adopt~ed.
0nmmotion of Councilman Homan, seconded by Justice Surer, it was
RESOLVED that the bid of General Electric Suppiy~ Hicksville~ New
York, be and hereby is accepted as tb~ lowest responsible bidder,
to ~?~ the Town of Southold with horizontal iburning luminaires
at each for 70 Watt iHigh Pressure Luminaires
for 150 watt High Pressure Luminaires. ~ ·
Vote of the Town Board: Ayes: Supervisor Martocchia, Counci~manRich,
Councilman Homart, Justice Surer, Justice Dmmarest.
On3fmotion of Councilman Homart, secOnded by Justice ~u~er, it was
RESOLVED that the bid of Sentry Electric Coz%0, Freeport, New[York,
be end hereby is accepted as the lSd'st resp~Sib!e bidder'~0~sUQpiy
the Town of Southold with high pressure sodium lamps at $22.96 for
70 W lamp and a unit price of $19.36 for 150W lamp. and that'the
Supervisor be and he hereby is authorized to enter into a contract
for the same.
~ote o£ the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
Cotuacilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.~
0n motion off Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the bid o£ Pallen Industries,, Inc., Syosset, New York
be and hereby is accepted as the lowest responsible bidder to install
approximately 250-150 Watt high pressure sodium luminaires in conjunciion
with'the:construction and maintenance o£ a street lighting system £or
the'::Town o£ Southold arid that the Supervisor be and he hereby i's authorized
to ~n~r .into a contract £or the same.
Vote o£ the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homan, Justice Suter, JuStice Demarest.
This resolution was declared duly adopted.
On motion o£ Councilman Rich, seconded by Justice Demarest, it was
RESOLVED that there being no ffurther business to come be£ore this
To~n Board meeting, adjournment be called at 11:55 P.M.
Vote o£ the Town Board; Ayes: Supervisor Martocchia, Councilman Rich,
Councilman Homsm, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Town Clerk