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HomeMy WebLinkAboutTB-03/23/1976SOUTHOLD TOWN BOARD MINUTES March 23, 1976 A regular meeting of the Southo!d Town Board was held on March?.23,, 1976 at~ the town board meeting ~boom, 16 South Street, Greenport, New York° Supervisor Martocchia opened the meeting at'~:00 P.M, ~i~?~ ~ the followin-g present: Supervisor ~bert M. Martecchia ~ouncilman J~mes H. Rich, Jr. Justice Martin Surer Justice Louis M. Demarest 'Justice Francais T. Doyen Town Attorney Robert W.'Tasker Highway Superintendent Raymmud C. Dean Town Clerk Judith T. Boken Absent: Councilman James Homart On motion of Justice Surer, seconded by Councilman Rich, it was RESOLVED that the next regular meeting of the Southo!d Town Board will be held at 3:00 P.M., Tuesday, April 6, 1976 at the town board meeting room, 16 South Street, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Justice Surer, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia reported: 1. Letter from the Strawberry Festival Committee, Mattituck announcing their annual event is to be held on June 19, 1976, Mattituck High School Grounds, 12 Noon. 2. Letter from the Suffolk County Department of ~ransporta~ion stating the request by the Mattituck Fire Department for a control at the fire house over a new traffic signal to be placed at Route 27 and Wickham Avenue is denied as the traffic count is not heavy enough and sight distance is very good in both directions. Justice Surer stated this is a disappointment as the fireman had been promised th~ light, the fire department to underwrite the expense, and feels the line of i~ght is not good enough and they are not entering the inter- section, but ~rossing it. 3. Letter from Mrs. E. Kittenback, Garden City, relative to a boat belonging to her that was at Orient and is missing. Supervisor Martocchia stated that after a reasonable period to time sunken bo~ts are removed by the Bay Constable to keep the waterfront open. Mrs. Kittenback is asking for money in lieu of the boat. It is believed that boat is in storage by the town and could be reclaimed for about $3OO.OO. 4~ Public notice from Riverhead Town giving, notice of a public hearing to be held on a noise ordinance. 5. Letter from the Goose Bay Civic Association relative to the proposed fire arms bill which is in Albany and being amended. The Association asks the Town Board to strive toward the pass.age of the amended bill. Moved by Justice Suter, seconded by Councilman Rich, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Goldsmith Inlet, Town of Southold;and .... WHEREAS the County of Suffolk proposes to do said dredging of Goldsmith Inlet, in the Town of Southo!d at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and ether documents must be executed on behalf of the Town of Southold; now therefore be it RESOLVED, that the Supervisor be and he hereby is authorized to execute, on behalf o~ the Town of Southold, all necessary plans and spedifications, spoil area agreements, assuarances to the County of Suffolk, license and/or dredging permit applications to Federal and S~te Agencies and all other documents that may be required to accomplish said dredging work, Vote of the Town Board: AYES: Supervisor Martocchia, Councilman Rich, ~stice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. M~ved~by Councilman Rich, seconded by Justice Suter, WHEREAS, the Town of Southold has requested the County of Suffolk to'dredge a nsvigation channel in Town Creek, Town of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging of Town Creek, in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; now, therefore, be it RESOLVED, t hat the Supervisor be and he hereby is authorized to execu~e~ on behalf of the Town of Southold, all necessary plans and specifications, sp~l area agreements, assurances to the County of SuffoTk, license/and/or dredging permit applications to Federal and state Agencies and all other documents that may be required to accomplish said dredging work. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, ~Ustice Suter, Justice Demarest, Justice Doyen. This res01ution was declared duly adopted. Moved by Justice Suter, seconded by Justice Demarest, WHERE~S; the Town ~f Southold has requested the County of Suffolk tO:dredge a navigation channel in Schoolhouse Creek, Town of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging of Schoolhouse Creek, in.the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order~to accomplish said dredging~ plans, specifications, ~gr~em~nts~and other documents must be executed.'on behalf of the Town of. Southold; now, therefore, be it~ - RESOLVED, that the Supervisor be and he hereby is authorized to execute, on behalf or.the Town of Southold~ all. necessary plans and specifications, spoil area agreements, assurances to the~Coun~y of Suffo~k, license and/or d~edging permit applications t~ Federal and S~at~ Agencies and-all other,~ocuments~that,~may~be required to accomplish said dr~dging work. - ~ote-0f~ the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, ~ustice Suter, Justice Demarest, Justice-Doyen. - . ~ This resolution was declared-~duly adopted. ~ · - ' ~ . . Moved by Justice Suter, seconded by Councilman Rich,: ~ ~ - - WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a~naviga~ion.~channel ~n~Mud Creek; ~Town of So~thold; and WHEREAS, the County of~Suff6~k proposes to~ do-said-dredging~ of~Mud ~reek,~-in the Town ~f Southold at.-'a nominal cost to-the'Town of Southold; and WHEREAS, in order to accomplish said dredging,- plans, specifications, agreements and other documents must be.~ex~cuted on behalf of the Town ~f Southold; now,-th~re~ore, be it- RESOLVED, that the Supervisor be and he hereby is authorized to execute, ~n b~h~f,~of the TowR of-Southo.Id, all-~necessary plans and specifications, sp~I area-agreements, assurances to-the ~oun%y of SUffolk, license and/or~'~d~edging permit applic~ti~ss to Federal an~ State Agencies and~atl other~ documents~that may be~required to~adc6mplish sa'id dredging work. · · ~ ~,- '. ~ Vote of-the-Towh B~a~d: Ayes~ Supervisor.Martocchia, Councilman Rich, J~t~e S~ter~-Justice~ Demarest,~Justice'~Doyen~ ~ ......... -- -. Th~S reso{ut~on~w~s declared'duty adopted.· ~ . ~ ~ ~ Moved by Just~c~'-Sute~; ..seconded by Councilman~Rich, WHEREAS, the Town of Southold has requested the County off'Suffolk to dredge a nav-igation~channe-l.~n Sterling Basin,--Town-of~-So~thold; and WHEREA~,' the ~oan~y~of sUff61k proposes tO d~ ~aid dredging of Sterling Basin, in the Town of Southold at a nominal cost to the Town of Southold; and - · · ~ . WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behaTf of the Town of Southold; now, therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, spoil area agreements, assurances to the County of Suffolk, ~icense and/or dredging permit applications to Federal and State Agencies and all other documents that may be required to accomplish said dredging work. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. Supervisor continued: 6. Cgpy of letter from Assemblyman Duryea to John Tuthill, Orient, relative to Mr. Tuthill's suggestions on the Orient ferry service with footnote to Supervisor from Mr. Tuthill suggesting the sale of the Greenpott railroad dock to Masc~ny, and the return of the $200,000.00 to the State of New York. 7 7. ~Letter regarding Supervisor Martocchia's discussion with Supervisor Smith of Riverhead concerning transportation of nuclear waste and their joint talk with Dr. George Vinnard, and their joint feeling the towns should know when the waste is being transported so arrangementS can be made with the police and fire departments. 8. Letter from the Division of Public ~ealth, Suffolk Cgunty, to be referred to the Building Department concerning changes in contours of land and drainage- the Division of Public Health wishes to be informed of such changes. 9. Letter to Assemblyman Duryea from Commissioner Evans, Fishers Island Ferry District, thanking Assemblyman Duryea for hi~ s~pport of two bills in Albany concerning updating legislation relative tO expenditure of ferry district funds. 10. Letter from W. D. Wells, Southold, inviting town officials to a Boy Scout dinner at Colonie Hill on April 27th - the board will be represented. ll. Letter from the Farm Bureau urging Southold Town along with the five eastern towns to take a position of opposition to the James- port nuclear plant proposal. The Board does have an intervenor and wishes to obtain all the information submitted until the hearings are completed to take a position. 12. Supervisor Martocchia stated he had promised Dr. Shahan he would ~tempt to give an answer on the leash law proposal, but there are not enough votes to defeat or carry a resolution at this meeting. Moved by Councilman Rich, seconded by Justice Demarest, WHEREAS, Long Island Cablevision Corporation by letter dated January 5, 1976 requested that the franchise a~reement heretofore entered into with the Town of Southold be amended to increase the monthly subscribers' rate,~d WHEREAS, a public hearing with respect to such application was held by this Board on February 10, 1976 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the principal reason given by Long Island Cablevision Corp- oration for such rat~ increase was to provide additional revenue to defray in part the capital expenditure for the installation of a ~ microwave system to improve television receipt to its subscribers, !1 NOW, THEREFORE, BE IT RESOLVED that the franchise agreement granted ~ by this Board to Long Island Cablevision Corporation on March 25, 1975 is hereby amended to increase the monthly subscribers' fee or charge in the amount of twenty-five cents, subject to the following conditions: (a) That such increase in fee shall become effective in the month following the month in which Long Island Cablevision Corporation installs and makes operation to all Cablevision subscribers in the Town of Southold its microwave system. (b) That such.amendment shall not become effective ~ntil approved by the New York State Commission on Cable Television. Vote of the Town Board: Ayes: Supervisor Martocchia, CoUncilman Rich, Justice Demarest, Justice Doyen. No: Justice Suter. This resolution was declare d duly adopted. on CATV Mrs. Sherley Katz asked if there is any further information/the?~home box office? - Supervisor Martocchia stated CATV has stated the home box office service connection is avai'lab~ once.the service comes in to the community, costing in the area of $9.00 a month. The home box office service cannot be made available without the microwave system.~-Mrs. Katz asked if any other townships in the east end have voted not to have the increase?--The Village of Greenport has voted not, but their decision may change. Riverhead and Sag Harbor have voted in favor of the increase. SUPervisor Ma'rtoCchia continued: ~3. Letter from Orient Fire Department. re~aeive to a fire at the Orient Point Inn. After discussion with the owners, the Inn WiLl he"demolished. ~ 9n~mOtion of Justice Demarest, seconded by Justice Suter it was RESOLVED that Elizabeth Ann Neville be and' she hereby is a.ppointed to the: civil service position of Stenographer in the office of the ~0wn Glerk at an annual salary of $5,500.00 to be paid in regular Semi,mOnthly payments; appointment effective March 16, 1976. V~ei~Qf ithe Town Board: Ayes: Supervisor Martocchia, Councilman ~h~ ~l:sti~ce sues'r, Justice Dsm'erect, Justice Doyen. ~s~ ~Sio~lution was declared duly adopted. ~n ~rk Judith T. Boken appointed Elizabeth Ann Neville as her ~)~u~ Town Clerk effective March 23, 1976. ~ustice Louis Demarest stated the Town Board met with the Board on Monday, March 15th relative to the "dotted-line on a ~map of property in Orient~~ A resolution-has' been ~to the Planning Board f'or their considers%ion, a-nd-the lution will be considered at thor April 5 m~et-ing.-~ ...... rest read the proposed resolution to th~ concer~ned ~ present.--John Tuthi'l-1 asked for a summary ~f-what the- means.--Justice Demares't stated' ~that something that to be a road this is no.t~there, is not actually there nor ,. The map in question~for pla'nn'in~ p~r.po~es and the dotted ~t shows on .the map was put on sometime after the map was I~ will have no legal affect. Nothing can force anyone to put in.--Considerabl~ discussion was held between the citizens ~nd the Town BOard concerning the~"dott~d-line-~road".- C5. Discussion was held relative to the ferry in Orient causing ced traffic, which will be he%ghtened by 11 boats in season, ~land traffic a~d other factors, what will happen~ to the State Martocchia' stated there is no fonr~lane h±ghway nor is there in the program for ~torton Lane, Southotd to ffic circle in~ Greenport, which"has~ b~en' taken-out for qui~e~=~ ~ears. The other link between Riv~rhead and Laurel, does not in any plans for the next 'ten years.=-William Petl III asked S~ate by giving the ferry line $200~000.00- to fix up the hal a~ea at Orient would speed'up the development in the middle ~ 't{©~ton Lane?--Supervisor Martocchia expl~ned that $200,000.00 for m~i~n~ construction ~s m~n~mal. The Town Board c-ond~t~oned ~n-their ~ll~!!li~!!'l?i , ;; . ' - . . ' ' · . . ~Qi~tlon accepting sponsorship of the money, they specified decent ~ looms and waiting rooms, ~n addition to which they are going to ~di!a new ramp, fix the existing ramP, 3and- d~o~a ~smatl--amount of ~.1:~.~ ~,~r~dihg In a~ddition, the Corps of Army-E~gin~ers~has--held, up ~O~al of the project at the mom-ent ~Barba'ra ~Mariner asked ~f~ ~ilar: .~I~ . facilities' ' are being built in' New Lon~'on?~Sup-ervisor ~chia.stated th.ey are and it.is being, moved up.the river.-T 1~ st~'te' budget; if the Town had"not accepted-it,' it would not-have b~e~ put in the budget.--Supervisor Martocchia stated it is true. Mrs. Csajko stated she feels this is subsidizing a private business.-- Mr. Pell asked if the ferry line applied for it?--Supervisor Martocchia stated they did. The do not like to give the money to private pnter- prise, but they will let town government handle it.--Mr. Pell asked when they applied?--Mrs. Katz stated they applied two weeks aft er a hearing held in Hauppauge in June of 1975.--Mrs. Joyce Terry asked who is paying for the rest rooms on the Connecticut side? The State of New York?--Supervisor Martocchia stated the ferry line must do that out of their own pocket. Moved by Justice Surer, seconded by councilman Rich, h~EREAS John C. Tuthill has applied to the Town Board for a single trailer renewal permit dated February 24, 1976, NOW, THEREFORE, BE IT RESOLVED that the application of John C. ~Tuthill to locate a single ~railer on his own property on the east side of Elijah's Lane, Mattituck, New ~ork, be rnewed for slx (6) months. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. Moved by Justice Suter, seconded by Councilman Rich, WHEREAS the Marian Council ~3852, Knights of C~lumbus, Cutchogue, New York, has applied to the Town Clerk for a Bingo License, and WHEREAS 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 he hereby is authorized and directed to ~xecute on behalf of the Town Board the findings and determinations required by law, and it is ~further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to the Marian Council ~3852, ~nights of Columbus, C~tchogue, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. Moved by Councilman Rich, seconded by Justice Doyen, it was RESOLVED that Justice Martin Suter and Justice Louis M. Demarest bach be provided with a petty cash fund of $200.00. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. Justice Demarest explained that the petty cash funds are being established due to a change in the civil area of the court whereby someone can be served by registered mail, which is $1.23 rather than $6.00 or $8.00 to have it served personally. The money comes by check and the money must be deposited in the bank. Since a letter must be sent out mon~ must be put out for registered mail. The money will also be used for postage. As the money comes back it will be put back into the petty cash fund. Without this fund the justices must pay for the aforementioned expenses out of their own pockets. On motion of Justice Demarest, seconded by Justice Suter, ~t was RESOLVED that the Town Board of the Town of Southold accepts the $77,000.00 ~ond of 'Carl ~ornwood and Gloria Hornwood for roads and improvements in the subdivision known as "Soundview Acres at Orient." Vote of the Town Board: Ayes: Supervisor Ma rtocchia, Councilman Rich, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. Supervisor Martocchia continued: 16. Letter from the Packard Hose Company, Southold, Southold Fire Department, Eagle Hook and Ladder, Chief of the Southold Fire Department, relative to proposed legislation providing for a local ~aw which .would allow exempt organizations to ha~e bingo a~d wheels. .... LT.:. ~Lett~r ~e!,ative to hazardous fire. conditions at the Orient ~o~nt ~nn from R-.E. Va~nNostra~d of the Oyster Pon~s,,,Chemical ~ompany. 18; ~Notice to all Civil Service employees sta~ing the Town is a~uthor-ize,d,~o deduct their dues, ~%d .tk~y ~ill have an increase ~n dues. 19. L~tter s from the Departmen~ of 'Labor relative to summer work ,programs ,~or Young ~oys_.and g~rls.~. If the names are submitted a list will be on hand if a pQsition. is_ available. Mrs. Joyce Terry, Orient, requested the Town Board to follow the procedure of the Town T~ustees, whereby ~hei~,agenda ~s published .in the local newspapers,on ~he.week preced~n~; their_ meetings, Could the Town Board have such an a~enda,_ and. p~blis.h it?--Supervisor Martocch~a .stated i~ is a very good thought-; howeve~.,.the.agenda for. the,~Town ~oard is. starte~,at least a we~ .~ advance, and continues to g:~ow riqht ~p to the meeting.--Mrs. Terry feels the public' ~uld be ~made ,awa~e when somethin~ of interest is to be discussed, and can make arrangements to be at the meeting. '.Couldn"t the ToWn Board have a cut~,Qff?,-,S~pervisor Mar~0cchia st~ ~heY tr~ ~o ,do that, but there are circumstances that the Board cannot'control and cannot refuse acceptance of-filings.certain application~r: Mr.,,i~amuel M~rkD1 commented on Patrolman Mellas ~eing. accused of an i~f~cti~n of the 'rules, S~tin~ he has ~own Patrolma~ Me.~las many yea~s, he has bes~ an excellent patrolman as far as he is concerned, he ~d ~gt think there had been any charges against him before, and the charges should be weighed very carefull to see if there is ~_~ance in it Qr :something _that has been.~!own,.out o~ proportion _~o-Wk~.~ormally h~ppens at the ranges.--Supervisor Martocchia thanked Mr. Markel for his interest. The. questioD w~s brout3ht .up by. Barbara Mariner about the dredging of James Creek and.Deep HoLe Creek. and stated, if. James.~creek is no~ dredged very soon. ~ will be a great financial hardship, for ~the people in the area.--There is nothing the Town Board can do to speed ~P a,d~dging,,da'te,.a~'there are 48 steps that must be taken before the Mrs. Marie Johnson asked about the summer ~obs. mentioned previously, if they are the same jobs mentioned at prior me~.tings?. What agency is funding them?--Supervisor Martocchia stated the federal government is-~undi~g,:the ,jobs; She town has. about s~x of the jobs filled at the .pr~sent, time.~--What kind ~of,, ~ork,?,--heam~ equipment, op~rator, custodian, bay constahlg; radio ope.rator, .laborer. It-is.a l~rniq~ program for the'employees, and~ the employees are sent.by the Suffolk County Depart- ment of Labor, Riverhead. ~ , ._ Mrs. Gladys Csajko asked if the Board is aware that under Article VIII of the Public Service Law which deals with ma]or steam electric generating facilities, municipal parties to proceedings thereunder may apply for an allowance to defray the expenses incurred by them for expert witnesses and consultant fees? Mrs. Csajko asked if Southold Town could app%~ ~o the State for dunding to take care of Mrs. Tiedke?-- There was money available and Riverhead went into that but found they were over their heads. Southold Town is going to stay with Mrs. Tiedke s as the Town'completely satisfied with her services. Supervisor Martocchia stated he would ~ook into the matter. Mrs. Csajko asked why the town did not put the conditions of the K.O.A. resolution into the newspaper whem the legal notice was published, the metes and bounds description was the only thing published.--Sugar- visor Martocchia stated the change is on the land only, and the conditions are part of the motion for use of the Planning Board.-- Mr. Pell concurred with Mrs. Csajko in stating the public would like to see the conditions. ( legal notice was republished with conditions in the local newspapers on April l, 1976.) Mrs.' 'Katz sta:ted 'she would tike to see the' S~outhold:TOwn Board do wS~t' ~th~'toWns'ar0'doing,"su~h as' m~et with the press 'o'ne half hour before meetings, and have the resolutiOns ready, 'but' i~ might be helpful if the'bOard has as much Of',the-resoiutiohs ready as they ~o~ so they could be'picked'up):as we~l as:part ~f the agenda of the meeting. It Would iead'to bett~r u~derstanding on the pak. t of the public and better questions ~ould be asked. Mrs. Casjko asked'~about the legal'nOtices:of' February 1-~th; stating ~Wo notices to bidders'were not passed at the meeting.. One's-was 'for the replacement ~f street-lighting-fixtures-and-the other was fo'r th~ truck and 'facilities - aerial lift.--Supervisor:Martocchia stated there were resolu:tions adopted~for each of those'items, they-could 'poSsibly have happened'after a recesS~when no one from the public reappeared at the meet'ing. Those res01utions might possibly, halve been adopted at a meeting'pri~r~ to February 10th, but Were-adopted at a legal open meeting of the town board.--Mrs. Csa~ko asked why the sealed bis which are read aloud ~are not read- on board-meeting da~s instead of a Thursday or Monday?--Supervisor Martocchia explained the method of bidding and advertising, 'length of tim~ involved in opening the bids and electing the lowest responsible bidder. The pubIic notice g~ves the~time fo~ opening the~'bids, and the public is invited to be there. '(JusSicd Doyen'l~ft to return to Fishers 'Island a't 4:30 P.M.) Mrs. Csajko asked when the dog pound will be'opened Up?--SuPervisor 'Martocchi~"stated i~'is Operational and two people have been,hired to start work on Mardh 16th.--Steve Mazza~ferro and'Lois Mell'as. 'M~s. Csajk0 stated She has a coP~ of "Today~'s-Pol~ceman"'~and~would appreciate' ~hose members of the boa~d who are a~ainst the leash law to ~ead an a2~icle which appears_in the 'magazamee~ Mr. Pe~l"asked who has the bids' that ar~ received on VariOus items, or if they are recorded in the town minutes?--Supervisor Mart0cchia stated he has all of the bids on file in his office, and whem the bids'are aWarded-they are done so by a~'resotutibn'of the tow~ board at a regular meeting. on motion-of :Justice' Suter, seconded'by CounCilman'Rich, 'it~was'' RESOLVED that there being no further business to come befo.re-this 5own board meeting, adjournment be called ~at 4:40 P.M. Vote of the Town Board: Ayes: Supervis0r-Martocchia, Councilman Rich, Justice Suter, Justice Demarest. This resolution was declared duly adopted. Town Clerk