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TB-09/07/1976
SOUTHOLD TOWN BOARD September 7, 1976 A regular meeting of the Southold Town Board was held on Tuesday, September 7, 1976 at the town board'meeting room, 16 South Street, Greenport, New York. SupervisorMartocchia opened the meeting at 3:15 P.M. with the following present: Supervisor Albert M. Martocchia Councilman James H. Rich, Jr. Councilman James Homart Justice Martin Suter Justice Louis M. Demarest ·own Attorney Robert W. Tasker Highway Superintendent Raymond C. Demu Town Clerk Judith T. Terry Absent: Justice Francis T. Doyen On motion of Justice Surer, seconded by Councilman Homan, it was RESOLVED that the Southold Town Board minutes of August 24, 1976 and August 26, 1976 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 duty adopted. On motion of Councilman Homan, 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, September 21,~1976 at the'town board meeting room, 16 South.Street, Greenport, New York. Voteof the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, CouncilmanHoman,. Justice Surer, Justice Dem~st. This resolution was declared duly adopted. On motion of Councilman Rich, seconded by Justice Surer, it~was RESOLVED that the August reports of Supervisor Martocchia, Town Clerk Terry, Justice Surer, Building Department be accepted and placed on file. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Councilman Homart, stated that a report on the progress of the street lighting project is being worked on and hopefully a report should Be ready ~or the next town board meeting. Supervisor Martocchia reported: 1. On the ~D funded senior citizen-teen center, the money has been applied for - $23,760.00; the money should be received within a week. The second allocation of $52,000.00 is being discussed at a meeting tomorrow night. On motion of Justice Surer, seconded by Councilman Homan, it was RESOLVED that the Southold Town Board recommend to the Suffolk County Department of Health Services the appointment of Howard M. Terry to a seat on the Suffolk County Emergency Medical Service Advisory Committee, representing Southold Town and the North Fork. Vote of the 'Town.Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resol~ion was declared duly adopted. Supervisor Martocchia: 2. The new rates for hospitalization coverage for town employees have been received and there is a 33% increase over last year. i.e.-- husband and wife is $788.00 per year. 3. An invitation has been receiYedby~the Town Board to attend the Suffolk County Assessors Association day of golf and luncheon on September 20, 1976 at the Island's End Go~f and Country Club, Inc., Greenport. 4. Letter from ~the' Greenport-S0uthold Chamber of Commerce advising of their annual oyster festival on October 9th, to be known this year as the "Festival of the Sea". They also ask that the town board adopt a resolution declaring the month of October 1976 as "Festival of the Sea" month; this will be done. 5. Letter from Troup 51, Greenport, Boy Scout~ of America, inviting the town board members to attend an Eagle Court of Honor for Sean Heaney On Sunday, September 25, 1976 at 3:00 P.M. ~at the St. Agnes Parish Hall, Greenport; and requesting a letter of commendation to Sean which would be presented during th~ ceremony. This will be done. 6. Receipt of a copy of a letter to Magdaline Goodrich, Town Historian, from Joseph W. Booth, thanking her for her help in research- ing his ancestors. 7. Request from Helen M. Kroepel, N~I.D.A.R., Constitution Week Committee, that the town proclaim the week of September 17 th as "Consti.tution Week," inviting the people of the United States to observe such week in schools, churches and other suitable places with appropriate ceremonies and activities. This will be done. 8-. Letter fromthe Mattituck Volunteer Firemen's Association, Inc. opposing the proposed Department of Housing and Urban Development's multi-dwellingunits designedinto the Bohack Village buildings in Mattituck. 9. Letter from Leopold T.' Boeker, Mattituck, requesting dredging and rebuilding of the beaches along the waterfront of Marratooka Park; storm damage in the past five years has caused severe erosion and bulkheads are being undermined and will collapse unless sand is pumped in. 10. Letter from George ~blers thanking the board for their time and consideration of his proposal of the multi-family project to be sponsored by HLrD in Southold. 11. ~Letter from Edward Hindermann requesting the town board to review the zoning erdinance with relation to signs. 12. Request ~ the Corps of Army Engineers for a small dredging project at Corey Creek, Southold by JeanLohn. Objections to be filed by September 27, 1976. 13. Letter from the Association of Towns citing new laws which go into effect for voting purposes in 1977 relative to town justices. On motion of Justice Demarest, seconded by Justice Surer, it was RESOLVED that the application of Oscar Goldin to place a single trailer on his property on Lot #60, Greenport Driving Park, South side Linnett Street, Greenport, be and hereby is renewed for a period of six (6) months¥ Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. On motion of Justice Demarest, seconded by Councilman Homan, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is auth~ ized to execute on behalf of the Town of Southold an application for financial assistance ~nder the Disaster Relief Act (Public Law 288, 93rdCongress) or otherwise available from the President's Disaster Relief Fund, and all the necessary assurances and agreements pertaining t-hereto~ Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted; Supervisor Martocchia exph!ined that the aforementioned resolution pertains to damages sustained by the' Town of Southold by hurricane Belle - claim of the highway department of appro,x~ately $55,000.00 and a small claim by the police department, Supervisor Martocchia: 14~ Receipt ~of a request for a cluster development on the south side of Main Road on Indian Neck Lane, Peconic to be known as "Richmond Shores." The Board will study the application. On motion of Councilman Homart, seconded by Councilman Rich, it was RESOLVED that the Town Board, acting as the Board of Fire Commissioners for theEast-West Fire District, recommend to the Planning Board the location of three fire hydrants to be located as spotted by James I. Monsell, Superintendent of Htilities of the Village of Greenport in the subdivision known as "Time Structures, Inc.", Greenport; and one additional hydrant on Sound Drive which will cornaect to the water line in the subdivision and make a loop. Vote~of~the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, CoLmcilman Homart, Justice Sure. r.~~Justice .... Demarest. On motion of Justice ~emarest, seconded by Justice Surer, it was RESOLVED that Henry Raynor and Frederick Gordon, members of the $outhold Town Planning Board be and~theyhereby are granted permission to a~tend the New York State Planning Conference October 10~12, 1976 at Monticello, New York; expenses for meals and lodging to belegal charges against the Town of Southold..~ Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, JusticeSu~r, Justice Demarest. This resolution was declared duly adopted. Mr. William Pell III asked for clarification as to why the Town Board referred the ~ire hydrant matter to the Planning Board, and~did not act on it themselves.---Justice Demarest stated changesof zone are also referred to the Planning Board, but then comes~back to the Town Board for a decision or hearing. The fire hydrant matter is acted on by the Town Board in their capacity as Fire Commissioners for the East-West Fire District. On motion of Justice Surer, seconded by Councilman Rich,~it was RESOLVED that an appraisal be ordered, on the property of Pontino and Xull on Indian Neck Lane, Peconic for the purpose of possibly acquiring property or easements for drainage. Vote of the Town °card: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice'-Surer, Justice Demarest. This resolution was declared duly adopted. On motion of Justice Demarest, seconded by Justice Surer, it was RESOLVED that $1,000.00 be andhereby is transferred from Highway Item ~i~', Contractural to Highway Item III, Purchase of Machinery. Vote of the~ Town Board: Ayes: Supervisor Martocchia, Councilman Rich, COUnCilman Homan, Justice Surer, Justice Demarest. This resol~ution was 'declared d~uly adopted. Mr. Pell asked what was being bought with $1,000.00.--~-Supervisor Martocchia stated that Superintendent Dean is just shor~ in the machinery account, he did not request to purchase anything. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that $44.11 be transferred from the Fishers-Island Ferry District Office Account to the Fishers Island Ferry District Property Tax Account. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Surer, Justice Demarest-g This resolution was declared duly adopted. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that $10,000,00 be transferred from the Fishers Island Ferry District Buildings Account to Fishers Island Ferry District Repairs to Vessels Account. Vote of the Town Board: A · ' · ~es. Supervmsor Martocchma, Councmlman Rich, Councilman Homart, J~stice Surer;. Justice Demarest. This resolution was declared duly adopted. On motion of Councilman Rich, seconded by Councilman Homan, it w~s RESOLVED that $14,577.09 be transferred from Whole Town Surplus to Beaches, tO pay for materials for the sanitary facilities just coms~z~aeted. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman~ Rich, Councilman Homan, JuZtice Surer, Justice Demarest. This rssolution was declared duly adopted. Mr. &.Mrs. William Springer sta~ed the beach facilities are not compI~te~J McCabes was not open because the 'town was waiting~for materials and Kenney's Beach was just locked-.---SupervisOr Martocchia sta~ed Kenney~s Beach could not. be open fo!~owing the hurricane as there was no electric power, ~'t was out for about a week; McCabes is open now, but ~as held up awaiting critical parts from California.--- Mrs. Springer asked why Goose Creek beach was closed?---Supervisor Martocchia stated there were several reasons' that~beach was not Opened; the water is shallow, too many boats racing near-the swimming area,'and the board felt they could not afford the extra money for a third sanitary facility, they only agreed to two in compliance with the Board of Health.---Mrs. Springer asked why.then were garbage canS~recently placed at Goose Creek beach?---Supervisor Martocchia stated they were necessary as there is considerable dumping in the' area, and the police cannot sit and wait for such. inmident:s to happen. Supervisor Martocchia: 1~. There was considerable vandalism at Sterling Cemetery eyed the w'eeKend; Chief of P$1ice Cataldo isinvestigating th~e'matter. Moved by Justice Demarest, seconded by Justice Surer, WHEREAS, the Cemmissioners of the Fishers Island Ferry District have deemed it necessary that an additional ferryboat be acquired to replace the ferryboat "Mystic Isle" presently operatedby the District and desires to have plans and specifications prepared by a Naval Architect, and WPr~REAS, said Commissioners desire to retain Blount Marine Corporation of Warren, Rhode Island for such purposes, NOW, THEREFORE, BE IT RESOLVED that the Commissioners of the Fishers Island Ferry District are hereby authorized to retain Blount Marine Corporation of Warren, Rhode Island, licensed Naval Architects to prepare plans and specifications for the construction of a new ferry vessel for the use of said Ferry District. Said retainer to be on such terms and conditions as may be deemed appropriate by said Comm~s~sioners. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, CoUncilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Mrs. Gladys Csajko asked if the town has ever received the original $23,000.00 from HUD?---Supervisor Martocchia stated they should have it in about a week. Mrs. Millicent Gossner read a statement on behalf of herself and her husband Arthur Gossner and Mr. & Mrs. Richard Rath relative to their opposition to a proposed cluster zoning development on the property bounded by Route 25 (Main Road), Indian Neck Lane and Spring Lane in Peconic, referred to as "Richmond Shores". (Copy of statement on file in the Town Clerk's Office.) Mrs. Gladys Csajko asked how much Shelter Island pays for the police radio service?---Supervisor Martocchia stated it starts at $3,000.00, increasing SE,~©O.O0 per year for five years.---Mrs. Csajko asked why there is such a difference between Greenport at $6,000.00 and that paid by Shelter Island?~,-Supe~isor~Martocchia stated Shelter Island has quite a. bit ~f~-summer traffic-, but in the winter.itfalls off considerably. This is the first raise Greenport has gotten in 14 years, and they are satisfied with the arrangement.---Mrs Csajko stated she noticed in the 1974 annual report in the newspaper ~it stated an annual income of $5400.00 on the radio, but according to the board's~figures~itshould have only been $4500.00.---Supervisor Martocchia stated Shelter Island had two contracts, $3,000.00 from Greenport, $1,500.00 from ShelterIsland for police, and $900.00 for fire almrm service~ ~hey have dropped out of the alarm system, they have their .own direct connectio~ now. Mrs. William Springer brought up the matter of a dog taken by a member of her~..family from the pound which died of distemper several days later. She feels the town.~should be liable for.medical bills, as the people who adopted the dogs had to have them put to sleep.---Supervisor MartOmcchia stated they only had.one incident where a dog was brought that eventually had distemper.---Mrs. Springer asked how the leash law was being enforced while the pound was closed?---Supervisor Martocchia stated the warden put the dog on reservation, and he was picking them up today and yesterday.-The pound was built th_roUgh no choice of the town board, they thought they were trying to do what they thought was best for the Town of Sou~hold, to give economical government and take care of the dogs properly ~y taking them ~to a professional-person, such as Dr.~ Zitek or Ri~erheadAnimal Hospital, but the pressure ~became so gre~t theywere almost forced.into building the paund; several board members were not infavor of it. However they represent the people of Southold Town and they went into the pound, now the expense is more than triple what it was, and everyone is still not happy.---Mrs. Springer stated that if it were run right, everyone would be happy.-~-~Supervisor Martocchia stated that two people were hired from the civil service l~ist~as-being qualified, and everyone complimented the board on their choice; now people are saying one of them is not sati~fae~ory. Now it seems people want a shelter, not just a dog Po~und,~ and. i~may ~bec0me necessary ~to ~oto~se the-poUnd if too mu¢~.pre~sure ls~put~ on.the boa~rd. ~ Mr'.~ Peil[ ~sked how ~mUch the t~wn~ is losing a month by the delay in starting the lighting program?---Council~m~ Homan stated that the ~ first phase started when the town took over the maintenance of 'the lig~ts,~an~now ~e jus~ ren~ tha~fi~tures from LILCO, and that was a good ~savings right there. ~ghat comes next is energy' savings, Which is between 400 wattlights and 150 watt lights, times 400 lights. There ~ is no definite figure as to how.much the town is losing, a month by the delay. There should be a ~9,000.00~savin~s based on a ~kwelve month ~eriod.---Mr. Pell asked if there was a performance-bond?---Justice marest stated the supplier will nov go into such a contract, as they cannot guarantee the manufacturer will 8eliver. Mr. William Springer asked Why the park at Horton Point has been 61~sed:~o the p~blic?---Sup~rvisor Martocchia stated that is a park distr~c~.~' not tuader the jurisdiction ofthe town, and they make. their own. rules~' That district-'is paid for by certain taxpayers im the Southold district. Mrs. Csajko stated that she was getting all the pound calls while the pound was closed; iuckily during the past few days she found homes for three dogs that Were supposed to go into the pound.---The leash law has been into effect for over 11 weeks, and according to the.records She is able to find, there have been exactly 20 dogs redeemed, an average of two per week, the leash law is not being highly enfomced. She aske~ the justices if in their court they have received any eases where a person has been ticketed under the leash law.---Both Justice Dema~-est and Justice Surer stated they 'have not received any.---Mrs. Csajko asked why they were not being ticketed?---Justice Surer stated that the dog warden may impound a dog that is breaking the law, and he may then also file a complaint, he does not have to do both. Mr. Springer atated that he has called at least ten times in the last eleven weeks to complain about dogs in his neighborhood, and no dog has been picked up. He has spoken several times personally to the dog wardens. The wardens Stated they must see the dogs. Mrs. Springer asked if she could make a formal complaint, and she was t01d the only way to do it is to'oomplain to the dog warden and they would do something about it.--- Justice Demarest stated the correct procedure is for the individual to sign a complaint, as the dog warden can't issue a complaint unless he sees it himself. Mr. ~ell 'asked how many people would have to sign a complaint to make it .stand up in court?---Justice Surer stated that one is questionable, two.-is bett~r, three'is better and four is better yet. Mrs. CsaOko-asked if the dog wardens can issue a summons without actual!M impounding'the animal?---JustiCe Surer stated he could if he iS able to identify the dog and testify in court. Mr. Springer asked if.the board has ever considered having night meetings?---Supervisor MartoCchia stated it has been tried~ but the response has been very small.---Justice Demares~ stated that as long as he has been on the'board there have been more people in the a£ternoon than at night. It has been tried numerous times. Most members of the board Would prefer night meetings, it woutd be much more convenient for them, but find the day meetings are much more convenient for the public. On motion of Coun'cilman Homan, seconded by Councilman Rich, it was RESOLVE~ that a recess be called at A:30 P.M., meeting to reconvene at 5:30 P.M. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Co~uacilm~n Homan, Justice Sut.er, Justice Demarest. This-resolution was declared :duly adopted. -- (Meeting reconvened at 5:30'P.M.) On motion of Councilman Homan, seconded by CoUncilman Rich, it was RESOLVED that the following audited bilIs be approved for payment: .General Fund in.the amount 0f~$35,882.38; Highway Department bills in the amount of $13,504.23; Fishers Island Ferry District bills in the amount of $27,091.41; and ~Street Light Installation bills in the amount of $19,23~.1~. Vote of theTown Board: Ayes: Supervisor Martocchia, CoUncilman Ri-ch,- Coun. cilman Homan, Jm~ice Surer, Justice Demarest. This resolution was declaFed duly adopted. On motion of Councilman' Rich, seconded by Councilman Homart, it was RESOLVED that effective September 30, 1976 the positions of two police patrolment shall be abolished; and the two police patrolmen affected by this action are John Ship and Joseph Gordon, whose employment shall be terminated September 30, 1976. Any credited time to the aforementioned patrolmen shall be utilized prior to September 30, 1976; and it is ~further RESOLVED that the Southold Town'Board recommend to the Suffolk County Civil ~e~i~s. ~mmission the names of John Ship and Joseph Gordon be placed on the preferred list for rehiring if a vacancy should arise. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, CoUnci!m~n Homa~, Justice Surer, Justice Demarest. This resolution was declared duly adopted. On motion of Councilman Rich, seconded by Councilman Homart, it was RESOLVED that there being no further business to come before this town board meeting adjournment be called at 5:45 P.M. Vote of~the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, CUuncilman Homan, Justice Surer, Justice Demarest. This resolution was declare~ du~y adopted. gudith T. Terry Town Clerk