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HomeMy WebLinkAboutTB-06/08/1976S0UTHOLD TOWN BOARD MIAIUTES June 8, 1976 A regular meeting of the Southold Town Board was held on Tuesday, ~June 8, 1976 at the town board meeting room, 16 South Street, 'Greenport, New-York. Supervisor Martochhia called'the meeting to order at 3:15 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 Justice Francis T. Doyen Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk-Judith T. Terry - Supervisor Martocchia apologized for starting the meeting late. The board had-beenin the process of signing contrac,ts for the addition to the_town hall in Southold with the various contractors.. On motion of Justice Suter, secoDded by Justice Demarest, it was RESOLVED that~ the minutes of the Southold Town Board meeting of May 25, 1976 be and hereby are-approved. Vote of the Town Board: Ayes: Supervisor Mattocchia, Councilman Rich, Councilman Homan,-Justice Suter, Justice, Demau~st~ Justice Doyen. This resolution was declared duly adopted. On motion of Justice Demarest,. se¢oDded by Councilman Homan, it was RESOLVED. that the next regular, meeting of the Southold Town Board will be held-at~3:00 P.M., Tuesday, June 22, 1976 .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 Suter, Justice Demarest, Justice Doyen. This ~resolution was declared duly adopted. .-, . On motion of Councilman Rich., seconded .by Justice Demarest, it was RESOLVED that the May reports of the Supervisor, Justice-Suter, Town Clerk, and Building Department be and hereby are received and placed on file Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared dutyyadopted. Supervisor Martocchia reported: 1. Hearing on June 9 at the ~reenport School, 7:30 P.M., relative to the dredging of the Thames River. Southold Town will be represented. 2. Receipt of letter from Pan Theil relative, to assessment. 3. Receipt of letters ~elative to dog problems: Malcolm Tuthill, Trudi Schneider and ~lfred D~udert, President of the Mattituck Senior Citizens. 4. Letter from New York State Parks & Recreation Agency stating the Orient Historical District was entered on the National Register of Historical Places on May 21, 1976. 5. Letter from-T.~.~. ~nterprises, Inc. asking to be-considered by the town for a program of service for a telephone system at the town hall. 6. Request from CAST located on South Street, Greenport, asking for assistance in paving their parking lot. This ~s Village of Greenport property. 7. Letter from Berhan Industries asking for an opportunity to present a program of microfilming of town records. 8. Letter from John Wickham asking the town to participate in supporting an agricultural research station in the town by providing $5,000.00. The Board will consider the request. 9. Letter from the New York State Assembly relative to date changes they are considering for payment of school taxes. The Bill is before the Assembly at this time. On motion of Justice Doyen, seconded by Councilman Homan, it was RESOLVED that the-appointment of' Alfred R~.,Grebe~ Sr., member of the Southold'Town Planning Board be and hereby is extended one,year, whereas the town-has received a waiver and approval~for such extension from the New York State Retirement System, Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice' Demarest, Justice Doyen. This resolution was declared duly adopted~ On motion of Justice Demarest, secondedby Justice Su~er, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is authorized to pay Weidersum AsSociates, architedts for the town hall addition, 80% of their contract price; said amount being $30,267~12. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. On mOtion of Justice Suter, seconded by Coundilman Rich,_ it'waS RESOLVED-that Patricia Schwicker, Mattituck~ New York be and hereby is appointed to the Board of Assessment Review to filt the unexpired term of Anthony DeMaula; said term to expire February 22, 1981. Vote of the Tow~ Board: Ayes:- Supervisor Martocchia, Councilma~Rich, Councilman Homan, Justice Surer, Justice Demarest, Justice Doyen. This resolution was declared duly ad~pted~ ~ On motion of Justice Demarest, seconded by Supervisor Martocchia, it was RESOLVED that the Town Board of the Town of Southold hereby accepts ~he applicability of,~the State Building Construction Code for the T~n of Southold to become effective in said Town of Southold o~the 8th day of June, 1~76 ~n accordance~with t~he provisions ~f s~ction 374-a of the Executive Law, and i% is FURTHER RESOLVED -that the Town C~erk be, and hereby is-instructed t0 'file a certified copy Of this resolution in the princ~pa~ office of the State Division of Housing-, and i.n the office of the~Seer~tary of State. Vo~e of the Town Board: Ayes: Supervisor Martocchia, counCilm~n Eoman, '.Justice Su%er~ Justice Demarest. Not '~oti~g: Counci~m~.Rick,~Justice Doyen. -, ~ -~ This resolution was declared duly adopted. On mot±o~ oE Justice~-Demarest, seconded by Justice Do'yen, ~EREAS a proposed Local Law No. 1 1976 was introduced a~-a~ meeting of this board held on the 9th day of December, 1975, and WHEREAS a public hearing was held thereon'by the Board on the 2'Qth day of~ January~ 1976~at 8:'00 P-.M., a't which time all ~.nterested persons were given an oppOrtunity .to be heard thereon, NOW, THEREFORE, BE TT 'RESOLVED that Local Law No. 1 - 1976-be e~acted as follows, to wit: A LOCA~LA~W REGULATING THE RUNNING AT LARGE OF DOGS Be it enacted by the Town B'oard 'of the ToWn of S~thold as follows: The Code of the Town of Southold is h~reby a~ended by adding a new Chapter thereto, to be Chapter 38,~ to ~ead as follows: Section 38-1 .Prohibited activities. It shall be unlawful for any person owning or harboring any dog fn the Town of Southold to permit or.allow such dog to:~ JUN 8 1976 A. ~ at large elsewhere t~a~ ~o~ ~e ~rem±ses of t~e o~er or c~sto~±a~ u~les$ sa±~ ~o~ s~aZ1 ~e a person at least twelve (12) years of age, having adequate control of such dog, or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this chapter dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner. B. Engage in habitual howling or barking or ~o co~duct ~tself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. C. Cause damage or destruction to property, other than the property of the owner or person harboring such dog. D. Chase or otherwise haress any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. ~38=2 Enforcement by Dog Warden. The Dog Warden shall enforce the provisions of this chapter. ~38-3 Filing complaints. Any person who observes a dog causing damage or destruction to the property of a person other than its owner or one harboring a dog, or causing an annoyance to a person other than its owner or one harboring a dog, may file a signed complaint, under oath, with a Town Justice of the Town of Southold specifying the objectionable conduct of the dog, the date thereof, the damage caused, a.d~scrip~ion of the dog and the name and residence, if known, of the owner or other person harboring said dog. ~38=4 Summons by Town Justice. Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said dog to appear ~n person before h~m. If the summons is disregarded, the Justice may permit the filing of an information and ~ssue a warrant for the arrest of such person. ~38-5 Seeing Eye dogs exempted. This chapter shall notapply to Seeing Eye dog during such time as ~ach dogs are performing the functions for which they are trained. ~38-6 Seizure of dogs at large~ Any dog found at large, not under ~ffective restraint or in the immediate custody and control of the responsible person, may be seized by a duly appointed Dog Warden, or other duly ~ppointed officer of the Town of Southold, confined and impounded. ~38-7 Confinement; redemption. Any dog impounded under ~he provisions of this chapter shall be confined in accordance with the provisions of the Agriculture and Markets Law of the State of New York and may be redeemed by the owner or harborer thereof upon payment to the Town Clerk or Dog Warden of the sums set forth in the Agriculture and Markets Law. Any dog not so redeemed shall at the option of the Dog Warden be sold at public or private sale or be destroyed or g~ven to a recognized society for the care and welfare of dogs. Ail proceedings shall be in accordance with the provisions of the Agriculture and Markets Law of the State of New York. ~38-8 Penalties for offenses. Any person committing an offense against any provision of this chapter shall,upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars '($250) or by i~risonment for a term not exceeding fifteen (15) days or by both such fine and imprisonment. ~38-9 Severability. · The invalidity of any section, provision or portion ~f this chapter shall not invalidate any other section, provision or remaining portion thereof. ~3.8~10 Effective date. This chapter shall take ~ffect ten (10) days after itssadoption. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Justice Suter, Justice Demarest, Justice Doyen. No: Councilman Hogan. This resolution, was declared duly adopted. JUN =8 197B On m6tion of Councilman Rich, seconded by Councilman Homan~ WHEREAS the'Southold American Legion, Griswold-Terry-Gtover Post ~803 has applied to the Town Clerk for a Bingo License, and WHEREAS the Town Board has' examined the application, and after investigation~, duty made findings and determinations as required by- taw, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby ~s authorized-and directed to execute on behalf or'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-totthe Griswold-Terry-Glover Post ~803, ~American Legion, Southold, New York. vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich~.~ Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen~ This resolution was declared duly adopted. On motion of Councilman Rich, seconded by Councilman Homan, WHEREAS the Southold American Legion Auxiliary, Griswold-Terry- Glover Post ~803, ~a~' applied to the Town Clerk for a Bingo License, and WHEREAS the Town 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 · s authorized-and directed to execute 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 Griswold-Terry-Glover Post ~803~ American Legion Auxiliary, $outhold, New'York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, JustiCe Demarest, J~tice Doyen. This resolutioh ~ras declared duly adopted. On motion of Councilman-Homan, seconded by Justice Suter, WHEREAS ~e Sacred Heart R. C. Church,~Cutchogue, New York has applied to the Town Clerk for a B~ngo License, and - WHEREAS the To~n Board has examined the application, and after investigation', duly made-findings and determinations as requi~ed bylaw, NOW, THEREFORE, BE IT RESOLVED that the supervisor be and he hereby · s authorized and directed to execute~on behalf of the Town Board the' fi~di~g'~ and~det'erminatio~s as 'required by law-, and~it is further RESOLVED that the To~n Clerk' be~and~she hereby is di'rected to issue a Bingo Liceh'se to'the 'Sacred Heart R. C. Church, Cutchogue, ~NeW York. vo~e of ~he T~wn Board: Ayes: Supervisor-Martocch'ia,~C6u~ilman Rich, Councilman Homan,' Justice Suter, Justice Demarest, Justice Doyen~. This resolution Was'declared duly adopted. On'motion 6f Councilman~R'idhl seconded by Justice Demarest-, it'was RESOLVED that the Town Board of' the Town of Southold accepts the~ withdrawal of Mineola Electric for the electrical bid on the~ town hall addition, as they made an incorrect tabulation and their quote should have b~en increased by' $3800.00, ~aking ~heir total' bid $51,800.00', which would not'make'them the lowest bidder. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich~ ~ Councilman H~man -Justice Suter Justice Demares~, Justide Dbyen. T~is resolution was declared duly adopted.' ~ On motion'of Just~ee~Demarest,' seconded~by~Councilman Rich~' it was RE~OLVED that Supervisor Albert M.~'Martocchia be and he-hereby is authorized to enter into a contract with McDowell Electric Corp., the lowest responsible bidder for the electrical inStalla'tion at the South~ld T6wn ~a~l~-ad~ition 'at SoUtho'ld,~r New York%'in the amount of $5-1,289.00. ' ~ Vote of the Town Board~:- Ayes~ Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Sute~, Justide Demarest, 'Justice~Doyen- This resolutIon w~s declared duly adopted. Supervisor Martocchia: 10. Dredging projects---Paul Giuliano, Sterling Creek, Greenport Hearing July 1, 1976, last day for objections June 25, 1976. Harbor Lights Association, Southold, Southold Bay, dredging entrance to channel, hearing June 30, 1976, objections by June 24th. Paul ~apron, East Marion, construction 88 ft. of bulkhead and dredge. New Suffolk boat ramp, hearing June 23rd, last day for objections June 17th, end of Jackson Street. Corps of Engineers - Po~t of Egypt, Sound at Orient, Paul Knoke, Great Hog Neck, Southold. Northville IndustrieS~orp., install 2 - 36 in. diam. pipes in Long Island Sound. M~s. S~irley Bachrach commended ~e Board on the adoption of the New York State Building Code. Mr. Hickey asked about Item ~15 on the agenda relative to flu shots.--- Supervisor Martocchia stated there will be a meeting on June 9th with the Suffolk County Board of Health to set up a program for the swine flu shots; to establish an Influenza Immunization Task Force. Mr. William Pell III asked if there is anything new on the clinic at the hospital?---Supervisor Martocchia stated there has been a meeting with County Legislator Joyce Burland, Dr. Feldman and Commissioner McLaughlin. Their studies and recommendations indicate there should be a clinic, however, the money is scarce. They are going to try to reshuffle thor priorities to endeavor to provide $60,000.00 to buy equipment for E.L.I. Hospital, with a goal for next year of $200,000.00. Mr. Samuel Markel commented on the leash law, stating it seems to be unenforceable unless the town hires as may dog wardens as they have policemen, and numerous telephone operators to handle complaints. He thinks a pressure group pushed it through. Mr. Nelson Axien congratulated the Board on adopting the leash law. He cited a situation in his neighborhood where dogs are a severe problem. Mrs. Gladys Csajko complimented the Board on passing the leash law. She cited Bermuda as an example of an enforceable leash law; and Greenport as an example of where the law is on the books, but not being enforced. She feels the law should be enforced to the letter and a few examples made by fines being imposed. On motion of Justice Suter, seconded by Councilman Rich, it was RESOLVED that a recess be taken at 4:00 P.M. for'tl auditing the bills; meeting to reconvene at ~:30 P Vote of the Town Board: Ayes: Supervisor Martoccl Councilman Homan, Justice Suter, Justice Demarest, This resolution was declared duly adopted. Meeting reconvened at 4:30 P.M. On motion of Justice Suter, seconded_by Justice Del RESOLVED that the following audited bills be appro General Fund bills in the amount of $245,699.45; H bills in the amount of $90,685.51; Fishers Island i bills'in the amount of $25,758.08, Installation of bills in the amount of $13,525.00; and Federal Rev in the amount of $59.16. Vote of the Town Board: Ayes: Supervisor Martocc Rich, Councilman Homan~ Justice Suter, Justice De~ This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman RESOLVED that there being no further business to c town board meeting, adjournment be called at 4:40 Vote of the Town Board: Ayes: Supervisor Martocc Councilman Homan, Justice Suter, Justice Demarest, This resolution was declared duly adopted. ~e purpose of ~ia, Councilman Rich, Justice Doyen. narest, it was ~ed for payment: Lgh~ray Department ?erry District Street Lighting ~nue Sharing bills ~ia, Councilma~ ~rest, Justice Doyen. Rich, it was )me before this ?.M. ~ia, Councilman Rich, Justice Doyen.