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HomeMy WebLinkAboutTB-10/26/1976SOUTHOLD TOWN BOARD October 26, 1976 A regular meeting of the Southold Town Board was held on Tuesday, October 26, 1976 at the office of the Supervisor, 16 South Street, Greenport, New York. Supervisor Martocchia opened the meeting at 3:00 P.M. with the following present: SupervisOr Albert M. Martocchia Councilman James H. Rich, Jr. Councilman James Homau Justice Martin Suter Justice Louis M. Demarest Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk Judith T. Terry-~ Absent: Justice Francis T. Doyen. On motion of Justice Demarest, seconded by Councilman Rich, it was RESOLVED that the~minutes of theSouthold Town Board meeting of October 12, 1976 be and hereby are approved as submitted. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Coun6~!man Homan, Jmstice Surer, Justice Demare~t.. This resolution was declared duly adopted. On motion or. Justice Surer, seconded by Justice Demarest, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, November 9, 1976 at the Office of the Supervisor,. 16~South Street, Greenport, NewYork. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, JusticeDemarest. This resolution was declared duly adopted. Supervisor Martocchia stated that on November 4, 1976 at 3:00 P.M. and 7:30 P.M. the board will hold a hearing on the 1977 preliminary budget ~ at the office.of.the SupervisOr, 16 South Street, Greenport, New-York. Supervisor Martocchia reported: 1. The town hall in Southold is coming atongwell. are being put .in place at this ~ime. The trusses Moved by Justice Demarest, seconded by Co~acilman Homan, WHEREAS Mrs. Edna Ashworth will retire from ~Service with the Town of Southold effective~October 31, 1976, and WHEREASMrs. Ashworth has faithfully served the Town of Southold as Secretary to the Supervisor for 18 years, and WHEREAS her record of fine service to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom she worked, NOW, THEREFORE, BE IT RESOLVED that the Town Board accepts the retiremaut of Enda Ashworth with deepest regret, and expresses its appreciation to her for her long record of fine service, aud extends best wishes for the years ahead, and BE IT FURTHER RESOLVED that this resolution be made a part of the permanent records of th~ Town, and that a copy be sent to Mrs. Ashworth. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice S~ter, Justice Demarest. This resolution was declare~ duly adopted. Supervisor Martocchia: 2. This week the town is closing title on the senior-citizen teen center property at Peconic. 3. Explained an existing law pertaining to binding arbitration affecting police and firement. The east-end towns .are offering resolutions to amend Article 14 of the Civil Service Law of the State of New York to eliminate binding arbitration. On motion of Justice Demarest, seconded by Councilman Homan, WHEREAS, the provisions of Article 14 of the Civil Service Law of the State of New York that ultimately result in bring arbitration in Collective bargaining between public employers and police tens to diminish collecTive-bargaining, now, therefore, be it RESOLVED, that the Town Board of the Town of Southoldurges the New York State Legislature to amend said Article 14 eliminating the provision that the arbitration be binding; and it is £urther RESOLVED that the Town Clerk is directed to forward a copy of this resolution to Assemblyman Duryea and Senator Guiffreda. Vote 0fthe~Town Board: Ayes: SU_oervisor'Martocohia, Councilm~a R~h, Co~uaciIm~u Homau, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Supervisor Martocchia: 4. Application for a clust concept subdivision by Edward Booth in Southold on Long Island Sound requires more study by the board and will be acted on at the n~ meeting.---18.7 acres involved. 5. Receipt of a letter from Long Island Cab!evision Corp- oration offering to have meetings in Southold T0wn'to hear complaints relative to dissatisfaction of table reception. If anyone wishes a meeting, discuss it with the board or Peter Jones, Vice Present of L. I. CATV, Riverhead. 6. Supervisor has requested the Suffolk County Department of Public Works, Yaphank, to redredge Gull Pond at Greenport, as it is begi~ing to 'get shallow again. Moved by Co~uacilman Homan, seconded by Justice Surer, WHEREAS, it is self-evident that there is a need to conserve energy esDecially here on Long Isl'and, and ~UHIEREAS, there is a need for a testing center for solar energy equipment designed specifically for use on Long Island, and W~EREAS~ there is a need to research and evaluate solar systems and to d~isseminate knowledge Of such solar systems and energy conser- vation techniques to the people of Suffolk~County, and W~F~EAS, public 'acCeptance and Understanding'of solar systems and energy conservation could serve our economy and Create meaningful jobs, and WHEREAS, a testing and evaluation facility has already been offered to this ta~k force, and WHEREAS, resource Of a major university management institute have been offered to this task force to assist in education and research, and ~WHEREAS, it is the consensus bf the members of the County Legislature of the County of Suffolk that it would be in the best interest of the people 0£ Suffolk to have such a group providing this service; now, therefore, be it RESOLVED, that the County Legislature of the County of Suffolk supports and encourages the formation of a task force which will over= see the testing, evaluation, dissemination and other related activities for solar .systems and 'energy conservation. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman'~Homan, Justice Surer, ~gustice Demarest. This resolution was dec!~red duly adopted. On motion of Justice Demarest, seconded by Councilman Rich, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is authorized to pay ~891.00 from Revenue Sharing Funds to cover the installation of la~rger sanitary pools· (fr~m 750 gallons a day to 1200 gallons a day)~ to meet re~ui~emen6s .of the Suffolk County Department of Health at the To~d ~all, Southold. Vote of the Town Board: A~s: Supervisor Martocchia, Councilman Rich, Councilman Hom~u, Justice Surer', Justice Demarest. This resolution was declared duly adopted. Supervisor Martocchia: '7.. Application for a Wetland~Permit #26 from Henry Smith is no~ in proper form and must be returned to Mr. Smith.- On motibn"o£ Councilman Homan, secondedby Councilman Rich, it was RESOLVED that ~Fishers Island Ferry District be ~ranted authorization to have the clutch repaired on the Mystic Isle at the same time it is hauled out and repaired. Vote of-.~the Town' Board: Ayes: Supervisor Martocchia, Councilman Ri'ch, Councilman Homam, Justice surer, Justice Demarest~ This resolution ~as declared duly adopted'. 8, Letter from the.-Officeof, the'County Legislature enclosing a cepy .of Public Notic.~ No]' 8689..[;£rom'.;~he Department of the Army regarding placement of. fill, f0r tem/o.0rary detour structure in Mill Creek, Rout~ 25,,Greenp~rt .... .'9. Receip~ of'dup~ioate ins~r~ce certificate from CATV for their franchise4"but i~ is'~believed%hey should include Southold Town in their ~overage. !0. In the m~tter of hearings ~or.change of zone on property ofCutchogue~ Polish. Democvatic Club from "A" to "B", and Myron and Philip Finkle from'"'A"'to'!'Bii"j.~the b~ard is not ready to act on those petitions at this time. as mo~fe.time is needed for study. Moved by Councilman Homan, seconded by Justice Demarest,.. WHEREAS a. proposed Local~LawNo..~197~ was introduced at a meeting of this board] held' on the 21st daY'6f. September, 1976, and WHEREAS a' public hearing was hsld thereon by the board on the 12th d~r of October, 1976, at Which'time all interested, persons were given an opportunity to be [heard thereon, NOW, THEREFORE, BE IT RESOLVED that-Local Law No. 5-1976 be enacted as follows: LOCAL LAW NO. 5-1976 A Local Law to amend Chapter 100 (Zoning). of the Code of the Town of Southo!d in relation to the exclusion of dwelling units in certain use districts and to redefine the terms Public Wa~er and Public Sewer. Be it enacted by the Town Board of the Town Of Southold as follows: I. The terms "Publi~ W~ter;...PubliclseWer'' as defined in 'Section 100213, A~ticle I, Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: PUBLIC WATER:-PUBLIC SEWER - Communal sewage dispq5at. Systems and'communal ~ater supply systems appr0vsd bY pub!il6 agencYs having jurisdiction thereof-. II. Subdivision (1) of Section lO0-60A, Article VI, Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: (1) Any permitted uses Set forth in, and as regulated by the following provisions of this chapter: Subdivision (3) of Section lO0-40A. III~ Subdivision (1) of Se=rich !00,6OB, Article VI, Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: (1) Any special exception use set forth in, and as regulated by, the following provisions of this chapter: (a) Subdivisions (2) Section lO0=30B. ~.1 (b) Subdivisions (2), ($) and (5) of Section lO0-50B. IV. Subdivision (1) of Section '100-60c, Article VI, Chapter 100 of the Code of the Town of Southold is hereby deleted and subdivisions (2) and (3) of said Section are renumbered accordingly. V. Subdivision (1) of Section 100-70A, Article VII, Chapter 100 of the Code of the Town of .Southold is hereby amended to read as follows: (t) Any permitted use set forth ~i~, and as regulated .bY the~fo!10wing provisions of this chapter:- (a) Subdivisions (2) and (3) of Section 100-30A. (b) Subdivision (3) of Section !O0-40A. (c) Subdivisions .(2) to (9), inclusive of Sectionl00-~0A. (d) S~Ction 100-62 VI. Subdivision (1) of Section lO~-70B, Article VII, Chapter 100 of the Code of the Town of Southold. is.hereby amended to read as follows: (1) Any special exception mae set forth in, and as h · regulated by the following provisions of this c apter. (a) Subdivisions (2) to (13), inclusive o£ ~Section lO0-30B. (b) Subdivisions (2), (4) and (5) of Section 100-5OB. VII. Subdivision (1) of. Section !00-70C, Article VII, Chapter 100 of the Code of the Town of Southo!d is hereby deleted and subdivision (2) is renumbered accordinglM. VIII. Subdivision (1) of Section lO0-80A, Article VIII, Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: (t) Any permitted, wses ~s~t forth in, and as regulated by the following ip~0v£s~0ns 6f ~his chapter:- (a) Subdivisions (2) and (3) of Section lO0-30A. IX~. Subdivision (17) of~ Section lO0-80B, Article VIII, Chapter lOOo~ the C~de of the .Town of Southold is hereby deleted. X. Section lO0-9OA of Article IX, Chapter !00 of the Code of the Tow~ of Southotd is hereby amended to read as follows: A. In the C-I District, Buildings and premises may be used for any lawful purpose, except that no building and/or premises shall be used fOr dwelling, boarding and tourist home, hotel, motel or tourist camp purposes and the,uses hereinafter set forth are permitted only by. special exception by-the Board of'Appeals, as herein- after provided, and are subject to site plan approval by the Plarnaing Board in accordance with Article XIII hereof: Vo~e of the Town Board: Ayes: S:up~rvisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. 101 Mr.~William Pell III asked for an explanation of the foregoing amendment to the zoning ordinance.---Councilman Homan explained.--- Mrs. Sherley Katz asked foran explanation of the redefine public water and public sewer.---Councilman Homan and Justice Surer explained. Supervisor Martocohia: 11. Th~e are new traffic laws effective January 1, 1977 whereby you may turn rich on a red traffic signal at any place such~a turn is not specifically prohib±ted by a posted sign. They will apply to all traffic signals regardless of whether they belong to-state, county or local government.---There are also some proposed changes on certain type of vehicles that-cannot exceed 40 mp'h. There will be ~pecial meeting on the subject at Hauppauge on November 5th at l0 AM.---This law will not be legal unless adopted by the town. Permission has been given to the five western towns, but nothing in the five eastern towns. 0n motion of Justice Suter, seconded by Justice Demarest, 'it was RESOLVED that the Mattituck Senior Citizens be granted permission to contract for two buses at $175.00 each to take them to New York City on December 9, 1976. Some peopZe plan to go to Radio City, ~ayden Planetarium, Museum of Natural-History, St. Patrick's Cathedral, or U. N. Building. Vote o£ the Town Board: Ayes: Supervisor Martocclhia, Councilman Rich,~ Councilman Homan, Justice Surer,. Justice Demarest. This ~esolution was declared dulM adopted. On motion of JusticeDemarest, seconded by Justice SUrer, it was RESOLVED that the Southold Senior Citizens be granted permission to contract for two buses at $120.00 and $110.00 to take them to Westbury on December 12, 1976. Vote of the To~m Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. T~is resolution was declared duly adopted. Supervisor Martocchia: 12. Receipt of a letter from Mrs. Joseph M. Callaham, Rahway, New Jersey offering the loan of her ll picture collection of "Dr. Epher Whitaker", commerating the 250th auniversary of Southold; ,provided delivery and insurance is arranged.---The Board will consider this offer. On motion of Justice Demarest, seconded by Councilman Rich, it was 'RESOLVED that the town engage the services of Greeman-Pedersen, Associates, P.C. at a feeof $2,000.00 to complete the necessary preliminary work for the submission of EDA funding applications for the second section of the town ~all construction, and the reconstruction of approximately two miles of Main Bayview Road from Route 25 to North Bayview Road, Southold. Voteof the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Supervisor Martocchia: .13. Greenman~Pedersen, Associates, P.C. have also offered their services at an annual sum of $10,000.00 to attend town board meetings when directed by the town, conduct feasility investigations and prepare economic comparisons on all proposed town projects under considera~tion; keep abreast of legislation and funding programs available ~to,.the town..fom engineering, projects; prepare applications and. requ.ests for information required by other levels of government; collect.and maintain data, lengin~er.ing standards~, surweys, ~affic dat~,.melated~ information in accordance with standardpractices; provide engineering aouncil and ad~,ic~e to'~ the' Highway Superintendent and town board relating to' general engineering problems. l~. There is ~o be a meeting this Fridayfor. PBA negotiations; th~r~ef~ore any icorrespondence relative to salaries of police, etc., should~ not be. ~ead .~s this. time. - ~' ' On: motion of Justice.~Demares%~ ~seconded by CoUncilman Homan, it was RESOLVED th~at the Sou~hold Town Board set 3:30 P.M., Tuesday, No~ember 9,. 1976, office of the Supervisor, t6.'South Strset, Greenport, New York as time and.place for hearing in the matter of the application of Eastern Long Island Kampgrounds, Inc. for permission to.establish ~and~operatle a tourist camp (section 2) on the westerly side ofQueen, St~eet," Greenpoft, New York. All persons interested in the said matter should appear at the time and place above specified and will be given anopportunity to be heard. Vote of..,the To%~l/ Board: Ayes-:-.SupervisorMhrtocchia, Councilman Rich,..Councilman Homan., Justice Surer, Justice Demaresti Thisresolution was declared duly adopted. On motion of Councilman Homan, seconded by Justice Surer; it was RESOLV~ED that the town. board of the Town of Southold accepts bank pass book no. 5~23992-in the ~amount of $53,000.00, in the names of John E. Rath-and Roger J.~ Rath, aS~'bond for roads and improvements in the subdivision known as "Paradise by the Bay" at Southold, owned by John E, Rath. Yore of the~Town Board: Ayes': SUpervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This. resolution was declared duly adopted. Moved by Councilman Homan, seconded by Councilman Rich, WHEREAS, the Commissioners of the Fishers Island Ferry District have submitted to this Board a proposed agreement between said District .and the. Commissioner of .Transportation which said agreement! provides~for,~the-repairs to the ferry terminal of said District i.~ ~ocated at Fishers Island; New York,~and WHEREAS, saidproposed agreement has been examined and approved by the Town Attorney, ~NOW, THEREFORE~BE IT RESOLVED that the Commissioners of~the Fishers Island Ferry Districtbe and they hereby are authorized to execute said agreement on behalf of the Fishers Island Ferry Dis{ric,t. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman' Momam, Justice Surer, Justice Demarest. This r;esolution was declared duly adopted. Moved by Councilman Rich, seconded by Justice Demarest, WHEREAS the~ Burton Potter Post #185, American Legion, Greenport, New York, has applied to ~he-Town~ Clerk for an Amended Bingo License, and WHEREAS the Town Board hasexamined the application, and after investigation, duly made findings and determinations as required by law, NOW,~TH~REFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and~directed to execute on behalf of the Town Board the findings and determinations as required bylaw, and it is further RESOLVED that the Town. Clerk be and she hereby is directed to issue an Amended Bingo License to the Burton Potter Post #185,-American Legion, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice-Suter, Justice Demarest. This~resoluti'on was'declared~duly adopted. On motion of Councilman Homart, seconded by Justice Suter, WHEREAS the Sacred HeartR. C. Church, 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 ~d determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board the findings and determinations as required by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bimg0 License to the SaCred Heart R~i C. Church, Cutchogue, New York. Vote Of the .Tow~ Board: Ayes: SUpervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer,: Justice Demarest. This resolution was declared duly adopted, On motion of Justice Surer, seconded by Justice Demarest, it was RESOLVED that the Town Board of the Town of Southold approves th'e amount of $142,000.00 £or a proposed bond, as reco~ended by the SOuthold ~To~ Planning Board and town engineer, for roads and improvements in the subdivision known as "Greenbriar Acres, ~lOcated in ~M~ttitU~ck and owned by Werner Adel, Jr. vote~ of the Town Board: Ayes: SuPervisor Martocchia,, ~Councilman 6~; C0U~cilman Homart, Justice Surer, Justice Demur est. is ~eSolUtlon was declared duly adopted. On motion o~ Councilman Homan, seconded by Justice Surer, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Supervisor's Office, 16 South Street, Greenport, NewYork on the. 23rd day of November, 1976 at 3:30 o'clock P.M., at which time and p~ce all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law to amend Chapter 69 of the Code of the Town of Southold in relation to Peddling and Soliciting," which reads as follows: Be it enacted by the Town Board of the Town of Southold as followS: I. Section 69-102, Article I, Chapter 69 of the Code of the Town of Southold is hereby amended to read as follows: 69-102 License required. It shall be unlawful for a person to act as a hawker, peddler or solicitor within the limits of the Town of Southold, except in conformity with the provisiohs of this Article, and without first having obtained and paid for and having in force and effect a license, as provided herein. Notwithstanding the foregoingprovisions of this Section, a merchant having an established place of business within the Town of Southold, or his employees shall n~t be requiredto obtain a license issued pursuant to the provisions of this Article. II. The first sentence of Section 69-109, Article I, Chapter'S69 of the Code of the Town of Southold is hereby amended by deleting there- from the word "licenses". III. Subsection C of the Section 69-111 of Article I, Chapter 69 of the Code of the Town of Southold is amended by deleting paragraph (3) thereof and renumbering paragraphs (~), (5), and (6) accordingly. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Supervisor Martocchia ex~ained the intent of the proposed amendment of the Peddling and Soliciting Ordinance. On motion of Councilman Rich, seconded by Justice Surer, it was RESOLVED that on the occasion of the American Bi-Centennial, the Town of Southold, New York sends warmest greetings to its mother town, Southwold, England, and be it further RESOLVED that in the spirit of continuing friendship and good will, a copy of this resolution shall be presented to the townfolk of Sou~hwold. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Surer, Justice Demarest. This resolution was declared duly adopted. (Councilman James Homan is planning a trip to England, ~nd will personally deliver the proclamation on behalf of the Town of Southold.) On motion of Councilman Homart, seconded by Councilman Rich, it was RESOLVED that Chief Carl Cataldo be and he hereby is authorized to order 30 Vehicle and Traffic Law Books from the State m£ New York at $1~0 each, to be charged to the police department budget. Vote o£ the Town Board: Ayes: Supervisor Martocchi~ Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declaredduly adopted. Justice Demarest explained that the aforementioned books were previously supplied by the State at no charge. Moved by Justice Demarest, seconded by Councilman Rich, WHEREAS, Carl Cataldo, Poli~e Chie~ of the Southold Town Police Department has made written char~ges against Salvatore'M. Crimi, a police officer in the Southold Towh Police Department, whiOhwritten charges were filed with this Board on October 26, 1976, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the To~n of Southold hold a hearing or trial with respect to said charges on the 22nd day of November 1976, at 9:30 A.M., at the Southold Town Supervisor's Office, 16 South Street, Greenport, New York, and 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 Salvat0~r~ M. Crimi .as required by law; that the'said Salvatore M. Crimi~be given not less than five days after the receipt of said notice within whict~?al to make and file an answer in writing to said charges with the Super- visor at his office at 16 South Street, Greenport, New ~ork; that the said Salvatore M. Crimi shall have the right to be represented by counsel at .said hearing or trial and shall have the right to summon witnesses on his behalf. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Mrs. Katz asked if the board could make the charges public?-A- SuperVisor Martocchia stated not be£ore the police officer is served, and aware of the charges himself. Supervisor Martocchia spoke about the letter put out to the ~ublic by the Taxpayer's Association. He feels whoever is the editor should consult with the authorities before releasing innuendoes. There will possibly be other action taken on this, because it is felt the information should be sought directly from the source. Ail of the town'S books are audited by the State of New York and by a private auditor each year. Anything that is in the letter can be answered satisfactorily. The books are not a secret. Some~o£ the comments were on the nasty side and not appreciated by some of the people it Went to. Supervisor Martocchia opened the floor to the public. Mrs. Dorothy Reise, Southotd, presented the' following petition containing 13 names: "We, theundersigned, are property, owners, residents and taxpayers on the private road between Lighthouse Road and Horton's Lane, fronting the ~ound ~n Southold. Ou~ deeded property line is at mean.high-tide. We respectfully petition.the town board to help us protect our beach rights and privacy ~gainst beach buggy and/or truck 'trespassers who are currently destrqying the beaohgrasses and upsetting the delicate ~]ance of growth so necessary to combat erosion, as well as littering and in general creating a nuisance. We propose that the town board pass.an ~rdinance prohbiiting such tra£fi¢ on private beaches the year around.. We also propose that the town erect ~t the entry of the private ~eaches a strong barrier and an accompanying sign threatening prosecution to the fullest extent of the law." Mrs. Reise aZso presented a map to accompany the petition.---Supervisor Martocchia stated the board will study the problem. Reverend Kleindoyle Ford read the foilowi~g letter from the Southold Town Community Health Council, Inc.~ "We have all witnessed the in- again, out-again history of the county legislature resolution, to include ~30,000 (originally ~60,000) in the 1976-77 capital budget for equipment needed for the community health center which is proposed for Eastern Long Island Hospital. We also are all aware of the potential financial benefit to the hospital of locating the censer within its bUilding.---In view of the great uncertainty of county funding o~ this budget item, we discussed at our~June Southold Town Community Health Council Board meeting a proposal which we now hope you will consider carefully and act upon. We believe it-might be the only means of pushing the currently stalled financial situation off-center and into motion once again.---We thus request that the Southold Town Board resolve to provide the ~30,000 capital fundin~ for the community health center from Community D~velopment Funds, Revenue Sharing Funds, from a combination of the two funds, or from any Other availabls monies, in order to demonstrate concretely to the Suffolk County Government that our local government is willing to'support both Eastern Long Island Hospital and a community health 105 center.~-~We are aware that actual expenditure of~these funds is contingent upon remodeling of the reserved space in the hospital, and would follow the inclusion of remodeling funds in the county operating budget or the obtaining of remodeling funds from a~other source.--~We trust~that you will give this proposal full and careful consideration. Members of our Board of Directors will be available to your Board to answer any questions which you may haVe.--~Sincerely Lucille Wi Andersen, Corresponding Secretary." Supervisor Martocchia commented on revenue sharing money~ It has been renewed~ and 'our allocation for 1977 is between $100,000.00 an~$136,000.00. They have already earmarked about $100,000.00 for the police department-for police personnel, all of which will not be -paid for with the $60,000.00 they are allocating. $30,000.00 has been earmarkedfor police cars. They have set aside a small amount £or the libraries ~ $5,000.00. The remaining $30,000.00 might be needed £or the town hall; drapes, limited amount of furniture, chairs for the meeting hall. The town might be able to help the ~ommunity Hea~th Council a little, but they will study the situation.---Mrs. Xatz stated she does not think they are asking for the actual exchange of money, but in order to go after grants amd federal funding, they have to show some support from the township.---Supervisor Martocchia stated they are very much in favor of the Council, and will study the matter. .William Petl III asked how'the overall town a0counts will end up this year?---Is the highway going to end up within their budget?--- Supervisor Martocchia stated he can only see one small overrun-- that of the Town Clerk in contractual expenses due to items being charged to her budget which should have been charged to the town board for such items as legal advertising.---Mr. Pell asked where they get the $6,000.00 to pay for an outside consulting firm?--- --Suplervisor Martocchia stated HighWay Superintendent Deem had a little money left~ Mrs. Gladys ~s~jk~s~ated~the~bus trip for the senior citizens to New York City sounds ~ike something .really worth while, but the trip to Lake Waramang, Connecticut turned out to be merely a bus trip for $8.25 to go to Connecticut to get a couple of free drinks, dinner,~ and~ come right bac~. That cost $500.00 for the people of Sonthold ~Town to-send ~00 people to ConnectioU~t for dinner.---Super- visor Martocchia agreed that much of the program must be looked into, but on a whole it .is greatly.~eneficial to the senior 'citiZens.--- M. rs~ Csa0koagreed.~ - - Mr.s~ Csajko stated-thatthe San Simeon senior housing Project is in the final stages of: approval, I-bel&eve only one more Variance is necessary. At the public hearing for a change, of'zone on this property Mr~ Price definedsenior citizen housing as applying to those over 62-.years:of-age. ~After receiving the change of zone requested an after receiving the approval of the Planning Board, this project then went to the Board of Appeals for approval of some20 variances;:: The Board of Appeals hearing ranged over a wide spectrum of:facts figures and supposition..'It was noted that San Simeon had applied for and certainly appears to'be eligible for tax examption. It is possible they have already received-such exemption, although under no obligation to do so, San Simeon has offered to contribute to the cost of services rendered the complex by the town. Since it is a tax exempt non-profit organization, San Simeon is not in any way obligated to pay even one penny in taxes.---I think this offer is very commendable. However, during the appeals board meeting a dialogue took place which disturbs me ~ust a little, and I would like to read it to you, and this is a direct quote from the approved minutes: The: Ehairmansaid, "Another thing is I believe, this is supposed to be childless, no children. How do you propose to keep children out?" And then Henry Pierece, who I assum~ is the lawyer for this said, "By a rule that no one children under a certain age will be alloed in, that means young children, obviously older children will be all right." And then Robert Bergen asked, "What do you mean by older children?" And Mr. Pierson answered, "Teenage children." What disturbs Mrs. Csajko is that in the zone change hearing it was stated this housing was for senior citizens over 62 years of age, and yet at the appeals board hearing the assertion was made that teenage children would be allowed, and of necessity teen- agers would have to attend school. Now, what I would like to know, first are the members of the board.aware of this change of policy? Second, is there any way San Simeon could be approached and asked for a commitment that in the event school age children do indeed become residents of the complex some form of tuition payments could be agreed upo~ with the school district?---Justice~Demarest stated he believes as soon as they have school age children who go to school, they immediately lose their tax exemption. No rent is paid at all there, where San Simeon .apparently gets their money, is say an elderly person o~nas a home, or has a bank account of $60,000.00 or $70,000.00, they turn it over to San Simeon, that is apparently the way they get .their tax exemption.---Mrs. Katz statedthat-from reading the minutes, and not being at the meeting, Mrs. CsajkO would have heard them say this whole thing was on the premise that it is not planned for any young children. Aud ~when they mentioned children, they did not mean 12 or 13 year old, they meant college s~tudents perhaps either visiting, certainly not living there~ The whole thing was brought out simply as an explanation. If you talked~ to Pastor Coleman you would find this has nothing to do with teen- i agers.-Mrs. Katz s~ated all the discussion held that evening is not in the minutes.---Supervisor Martocchia stated 'that the town. attorney .did write to the New York State Board of Equalization and Assessment, there is a criteria that must be met to be exempt. If these people fall into that criteria and ~o not violate any of the rules they can be exempt fully. However, every member of this board is annoyed,it was not their thinking of the project in the beginning; it could have been a business complex that would pay taxes. Now, if they can qualify, they are entitled to the exemption. They have indicated by letter that in lieu of taxes they would pay their fair share of the different utilities, fire, water, police, roads, etc. in the form.of a donation, but they want to be excluded from giving'.anything to the schools. However, it is not finalized as yet. Much'-is before the Planning Board and Appeals Board1. On motion of Councilman Homart, seconded by Councilman Rich, it was RESOLVED that Supervisor Martocchia be and he hereby is authorized to sign an agreement with the County of Suffolk, on behalf of the Town of Southold, for funds in the amount of $52,198.00 under the Housing and Community Development Act of 1974 for the construction of a senior citizen center in the Town of Southold. ~Vote of the Town Board: Ayes: ~Supervisor Martocchia, Councilman Rich] Councilman Homan, JusticeSuter, Justice Demarest. This resolution was declared duly adopted. On motion'of Councilman Rich, seconded by Councilman Homan, it was RESOLVED that authorization is hereby given to pay $204.00 ($199.00 ~or title policy fee, and $5.00 for recording fees) to the Chicago Title Insurance Company; and $9.82 for a tax adjustment to Lillian A. Gozelski, in connection with the purchase of property on Peconic Lane to be used for the senior citizen~teen center. These funds are to be taken from the Land Acquisition-Whole Town Account where th~re~is $3,000.00 available from a prior transfer from A7140 - Recreation Program. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adOpted. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that there being no further business to come before this town board meeting adjournment be called at 4:20 P.M. Vote of the Town Board: Ayes: SuPervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly .adopted. Town ~Clerk