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HomeMy WebLinkAboutTB-10/28/1975SOUTHOLD TOWN BOARD MINUTES October 28, 1975 A regular meeting of the Southold Town Board was held on Tuesday, October 28, 1975 at the town board meeting room, 16 South Street, Greenport, New York. Supervisor Martocchia called the meeting to order at 3:00 P.M. with the following present: Supervisor Albert M. Martocchia Councilman James H. Rich, Jr. Councilman. James Homan Justice Martin Surer Justice Louis M. Demarest Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk Judith T. Boken ~bse~t: Justice Francais T. Doyen On motion of Councilman Homan, seconded by Justice Surer, it was RESOLVED that the minutes of the Southold Town Board meeting of October 7, 1975 be and hereby are approved. 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 Justice Demarest, seconded by Justice Surer, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., November 6, 1975 at the town board meeting room, 16 South Street, Greenport, New York. Vote of the Town Board: AMes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resoution was declared duly adopted. Supervisor Martocchia reported: I. The entr~ce of the Gull Pond area which has eroded, has been studied by 2h~n Engineer Lawrence Tuthill and Highway Superintendent Raymond Dean and it has been determined about 17 pilings must be replaced. The job will be done by the highway department before next spring. 2. Several items must be corrected at the dog pound. The factory representative has been on the site and noted the corrections. It has also been brought to the town board's attention by Dr. Zitek that the cages presently in the pound are no,satis- factory, and do not meet the specifications for the pound[ 3. Dr. Maurice S. Shahan,DVM read a letter presented to the Town Board by Lawrence Waitz,DVM, John C. Stevenson,DVM, and Dr. Shahan. This letter stressed the need for a dog leash taw, stating numerous towns and cities throughout the country have such laws for years; the obvious and primary purposes being the protection of communities against what sometimes become nuisances or outright© menances; spreading diseases, fleas, dog bites, causing serious accidents involving motorists. (copM of this letter on file in the Town B~arR's Office.) Supervisor Martocchia stated that the Town Board will respond to the letter at the next town board meeting on November 6th. 4. Mr. David Driscoll asked how many dog bites were registered with the police department - and then stated that as of the ~nd of 2hptember there were 60 dog bites reported, and the police said you could multiply that figure by three. Mr. Driscotl stated that he had originally proposed a dog lease or control law a year and a half ago. On motion of Justice Demarest, seconded by Councilman Rich, it was RESOLVED that Supervisor Albert M. Martocchia be and he hereby is authorized to join with other supervisors in meeting with the Public ?Service Commission to protest their ruling in granting the Long Island Lighting Company the authority to charge motels 85% o£ the demand charge from their peak summer months, year round, whether or not they use power during the winter. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Moved by Councilman Rich, seconded by Cofmcilman Homan, WHEREAS, members of this Board have entered into negotiations with members of the Board of Educgtion of the Southold Union Free School District for the purchase by the Town of Southold from said School District of the school property of said District located on the easte~rly side of Peconic Lane at Peconic, in the Town of Southold, and containing approximately 4 1/3 acres of 'land together with the buildings and improvements thereon, and WHERE~g, on October 16, 1975, the Board of Education of said School Dis~l~ict adopted a resolution authorizing the sale of said school property to the Town of Eouthold for the sum~of $350,000.00, subject however, to the ratification and approval of such sales by tR~e qualified voters of the School District at a special meeting to be held prior to December 30, 1975, and further subject to the approval--prior to June 39, 1976, by the voters of said School District of a bond issue to provide. £unds for the cost of construction of a new school building to ~be ~located on the west side of Oaklawn Avenue at Southold and for the renovation of existing structures thereon, and providing further that tha conveyance of said property by the said ~choot District to the Town of~.Southold st~all not be made until said School District shall have Iater' thahdisc°ntinue~Junethe30~use1978,°£ saidandSChool property, which shall not be WHEREAS, the Town of Southold presently has federal revenue sharingo funds on hand su~ffieient to pay the total co~t of the purchase of said propertY, and ~EqEREAS, a ~roposed w~mcontract of sale con~ainin all of the above ~rovm.amons has been prepared by the attorney for said School D~stri'$t an~ isubmi~ted to this Board for .its approval and ex~en~ion, MOW, T~EREFO~, BE IT RESOLVED AS FOLLOWS. ii~ ~ti~ ~his .Board does hereby approve of saiR contract submitted to it B~ ~! iatt0rney £or the Southold School District and does hereb auth°r~ze Is~ i dmrect the Supervmsor to execute the same on behalf of the To~nl ~f! Duthold. ~ 2~1,,?~ ~ ~f~i ~., the purchase price of samd property be provided for by the. us~Jl~b~.{. .... deral .revenue sharmng, funds of the Town of Southold presently .a~ i~able therefor, and that such funds in such amount be and tt~y hei by are appropriated for such purpose. Vote o~ ~h~I own Board: Ayes: Supervisor Martocchia, Councilman Rich, ~oun~ nan Homan, Justice Suter, Justice Demarest. This r~sb~d~ ~ was declared duly adopted. Questions from thepublic continued: 4j 'lIr.i Charles Meyer asked if the Town Board has any figures to off~~- ~ e,p~blmc regarding the expenditures subsequently to be mad~-on:;~t::~''~e Peconmc school --Supervisor Martocchia stated that the prelimi~a~'~- ~.- · ~ ~houghts are that the town should break through the back of tk~ b~ilding and connect the auxiliary buildings; and some c~an~ s~in the bathrooms. Presently it is thought that $50,000. might be S possible figure. However, if there i~ a need~for additional money, ~i? p~slent tow~ clerk's building will be sold in any event, and the~e~O~.~i rg~ilde additional funds.--Councilman H0man further stated that $~)~,i 00-~iiS being set aside now, and is presently drawing interest at abo~ 9 ,$ ~ that would mean probably another $50~000. or $60,000. in add~'~L~ ' ~a~.mohe~ available which would more than cover the reno~a~?)~ ~!. Meyer asked if it is proper to set aside these moneys before i~ ~ v~ ~e~s determine whether or not they wish to sell the building~. -~ ~P~rvisor Martocchia stated that is one of the contingents in the ;r.~s 1~ ~n. ~ · a ~' M s~ M~ble Lytle spoke on behalf of the North For~ Taxpayers Inc. ~d ~ e~ ~ofltho!d-Psconic Civic Association, Inc. bminging to the 2own board,s ~t~ention the legal notice in theiloca! newspapers stating[i'~s~al Registration of vo~ers, Nov. 20 , 1975 12:00 noon to 9:00 o '~lo~'p.~.". A new state ~aw went into effect on Sept. 1st 1975 storm, s !anyone regmstered wmth the Board of Elections for federa~,,.S~ate"~a~d local elections, will now be automatically eligible for sc~:i~bt~hg." Mrs. Lytle stated she checked this with the Board G~:iE~e~tions, and asked the TO~n Board to check this. L-Town Attorn~.~sker stated the legality of the notice of the ~egistration with the school distriCt is up to the shcool district and its attorney. ~However, there is a slight gap; you might have people who are not registered for a general election, and you might have voters who are not registered for the school district, so they would have to register to vote for this special election. The ~ notice referred to is directed to those not now registered either for general election or school district.-- Mrs. Lytle asked that someone in authority check into this matter. 6. Receipt of a request for a dredging project at Gardiners Bay Estatestto the Army Engineers. November 23 is the final date for filing objections. 7. Request for aBike-A-Thon sponsored by the American Cancer Society requesting permission to qbe various park districts areas. The letter has been referred to Justice Surer who will transmit it to the park district in Mattituck. 8. Letter from Dr. Yollaz, Stony Brook Health Sciences Center re: an amblatory health center. This has been discussed with~County Executive John Klein, Dr. Mary McLaughlin and the E.L.I. Hospital board. It has been decided a place will be set aside in the new area of the hospital. Some money has been set aside in the county budget for that purpose and a study has been made by ~r. Mary McLaughlin's office and it has determined such a facility is-needed in this area.--Mrs. Sherley Katz asked if the Southold Community Health Council who is apparently going after the same funding that has already been allocated to the Southold-Shelter Island Unit; is there a duplication of effort, have they met with the town?-- Supervisor Martocchia stated he has met with them twice and it has been decided it will §o into the new part of the hospital. If the Southold-She!ter Island Unit chooses to have a free-standing unit, they have to provide their own funds. On motion of Justice Demarest, seconded by Justice Surer, it RESOLVED that the Southold E~nior Citizens be provided with two buses at ~130.00 each for a trip to Sagamore Hill on November 18, 1975. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Supervisor Martoochia's report continued: 9. The new schedule of LILC0 hearings October 27th th~mugh the week; November 10th week; November 18th through the week; December I through the week and December 9th through the week. Ail hearings begin at 11A.M., and the Town of Southold will continue on with its representative Jean Tiedke, and the board does have some prepared statements available. Moved by Councilman Rich, seconded by Councilman Homan, WHEREAS, the Town of Southold has requested the County of SSuffolk to dredgeja navigation channel in Mill Creek, Town of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging of Mill 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, that the Supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, ~poil agreements, ~.~sur~u~.~e~..to ~e-~o~nty~o.f _ Suffolk, license and/or ~gi~g6~m~ aP.p.~~s ~o ~emeraz anm State Agencies and all other.doeuments that mey'be required to accomplish said dredging work. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Supervisor's report continued: 10. Final approval has been received on a dredging project at Mill Creek and the foregoing resolution is necessary before work can be done. (This was in answer to a question as to why the resolution was adopted.) 11. Letter from Russell Mann suggesting that to save money on street lighting, the lights should be shut off at 12:00 or 1:00.-- This was looked into, however, to cut light bills the fixture must be removed from the pole, otherwise the town pays a fixed amount for the year as long as the fixture is on ~he pole,--Mr. Charles Meyer asked that Supervisor Martocchia discuss with the Public Service Commission, at the coming meeting, the fact it is inequitable to charge a fixed rate. 12. Receipt of .a letter from the New York State Department of Transportation relative to astudy they will be making, upon request of the area residents, on the entrance to Xerwin Boulevard from Route 25, Greenport. They will make their final report to the board. 13. Receipt of a letter from the Suffolk County Departmen~ of Labor relative to the CETA program. The town has applied for seven positions, six laborers and one mechanic. These employees will be paid with £ederal funds which are allocated to the town. Moved by Justice Demarest, seconded by Councilman Homan, WHEREAS Section 123 of the Town La~rovides that town officials and employees who receive and disburse monies of the town shall account to the Town Board for all monies received and disbursed by them by the 20th day of January, and WHEREAS the Town Board deems it necessary to engage a public accountant to prepare the aforesaid annual acco~ult for all town officers and employees, NOW, THEREFORE, BE IT RESOLVED that the Town Board engage the services of Elaine F. ~aldor, Certified Public Accountant, to make the ~danual audit of the bookR and records of officers and employees of the Town of Southo!d for the fiscal year 1995 at aicon%ra¢~kfee of $1,400.00. VOte of.t~eTTown Board: Ayes: Supervisor Martocchla, Councilman Rich, ~o~cilm~ Homan, Justice Surer, Justice Demarest. ~s'resOlution was declared duly adopted. OREn motion ~of Councilman Rich, seconded by Councilman Homan, it Was SOLVEDthat the SoutholdFire Department be ahd hereby are granted permission to use part of Bayview Road, Lower Road, Ackerly Pond Lane, Jockey C~ek D~ive to form~, and'Boisseau Avenue near the railroad tracks to di~s,band their parade on July 3, 1976 at 6P.M. or July 4, 1976 a%~DOP'.M, aasa rain date. Permission is also g~anted to use the drZ¥~ys and the parking area with grounds of the Southold Fire House-to conduct the drill. Vote. o£ theTown. Board: Ayes: Supervisor Martocchia, Councilman R~ch, gouneilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. On.motio~ of Councilm~n Homan, seconded by Councilman Rioh, it was RESOLVED that the Southold Town Board approves the action of the Fishers Island Ferry District in accepting the low bid of the Thames Shipyard and Repair Company for the repair of the Mystic Isle; and the Iow bid of the Greenport Yacht ~dbShipbuilding Company, Inc. for the r~pair of the Olinda. i Vote of 't~e Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Cou~ci!man Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Sup'ervis~ Martocchia reported: 1~. i(hief Cataldo of.the Southold.Town. Po!ice wilZ be notified of the So~thotd Fire Department parade on July 3, 1976. 15. ~:~quest from the Fire Chief's Council that the. Southo!d Town Boar~ pass an ordinance for street and house numbering.--Such a program.~f house numbering~is now in effect. 16. [~s aresu!t of the Coast Guard's withdrawal from Fishers Island on ~ovember 1st, Supervisor Martocchia contacted the Suffolk County D~artment of Fire Safety add Suffolk County Divil Defense Departmen' onOctobe~ Fire Dep from the a~40 ft. New-Londo~ Moved by~ WHEREAS t~ New York ~IEREAS t~ , as a result the Suffolk County Police will deliver a boat K9th to Orient Point for Chief Wsll of the Fishers'Island tment to deliver to Fishers Island. The boat is on loan ~ffolk County Police Department, but will be replaced by ~at for emergency use by residents of Fishers ISland to ustice Demarest, seconded by Councilman Rich, ~ Burton Potter Post #~85~, American Legion, Greenport, ?plied to the Town CZerk for a Bingo.License.~ and Town Board has examined the application, and~ after investigation, duly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that thteSUper¥isor be ahd he hereby is authorized tnd 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 Bingo License to the Burton Potter Post #185, A~nerican Legion, Greenport, New York. Vote of the Town Board: Ayes: Supervi~o~ Martocchia, Councilman Rich, Councilman Homart, Justice Surer, Justice Demarest. This resolution was declared duly adopted. On motion of Councilman Homan, seconded b~ Justice Surer, it was RESOLVED that the Southo!d Town Board accepts the $53,000.00 bond of "Sleepy Hollow" aubdivision owned and developed by Leo Kwasneski, Southold, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Surer, Justice Demarest. This resolution was declared duly adopted. On motion b~ Councilman Rich, seconded by Councilman Homan, it was RESOLVED that a public hearing will ba=held by the Southold Town Board at the Supervisor's Office, 16 South Street, Greenport, New Yo~k, at 3:30 P.M,, November 18, 1975, in the matter of the application of Henry C._Weismann for a permit under the provisions of the Wetlands Ordinance of the Town of Southold for the purpose of removing material from an existing canal and depositing same- behind a proposed new bulkhead at ~sproperty-en the souLJ~east' terminusof Tarpon Drive at Arshamomaque, fronting on an existing canal on the south side of the property. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared duly adopted. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVEDathat a public hearing will be held by the Southold Town Board at the Supervisor'~s Office, 16 South Street, Greenpor~, N~ew York, at 3:45 P.M., November 18, 1975, 'in the matter of the applications of Michael F. Colavito for permits under the provisions of the'Wetland Ordinance of the Town of Southold for the purpose of constructing a bulkhead at the end of a dredged canal, end add sufficient clear fill to the southern property line to eliminate the collection of water in a low area of his property located east of Byaview Road and west of Corey Creek, Southold, New York. Vote of the Town Board: Ayes: Supervisor MartoCchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was delcared duly adopted. On motion of Councilman Rich, seconded bM Justice Demarest, it was RESOLVED that a public hearing will be held by the Southold Town Board at the Supervisor's Office, 16 South Street, Greenport, New York, at 7~30 P.M., November 18, 1975, in the matter of the application of Pierce Yacht Basin, Inn. for a permit under the provisions of the Wetland Ordinance of the Town of Southold for the p~m~pos-e of dredging to a depth of 6 feet below mean 10w water, bulkheading, and installing piles to porvide 38 additional slips for sailboats, at the Pierce Yacht BDsin, Manha~set Avenue and Beach Road, on Stir!lng BaSin, Gre-en~ort, New York. Vote of the Town Board: Ayes: SuperVisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice ~emarest. This resolutionwas declared duly adopted. On motion o~ Justice Demarest, seconded by Councilman Rich, it was RESOLVED that a public hearing will be held by the South'old Town Board at the Supervisor;s Office, 16 South Street, Greenport, New York, at.8:00 B~M., November 18, 1975 in the matter of the'"application of Gus X. Hartofelis and John Giannaris for permission to establish ~nd operate a tourist camp on the north side of Main Road, ~ast Marion, property bounded north by land of Island's End Gol~ and Country Club, Inc.; east by land of Village og Greenport; South by Main (State)Road; and west by land of Floyd F. King, Jr. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared ~uly adopted. Reports continued: 17. Justice Surer reported a request of the Mattituck Park District to meet with the highway committee and highway smperintenden~ regarding a parking area at Wickham Avenue. 18. Just±ce Demares~ reported that ~t the direction of the Town Board he met with the Oyster Pond's School Board relative to the problem at the ~chool crossing. They basically settled on a solution that the speed limit sign to the west of Village Lane where the school crossing is, be extended some 300 or 400 feet to the west and school crossing signs be put up the proper distance either side of the school crossing, and if possible road markings be painted on the road. The school crossing is fairly close to a curve and sometimes motorists fail to observe the speed limit as they should. On motion of Justice Demarest, seconded by Councilman Rich, it was RESOLVED that Highway Superintendent ~ean contact the New York State Traffic Sa£ety Department to determine whether the speed limit sign to the west of Village L~Nq~, Orient, where the school crossing is, can be extended 300 to 400 ft. to the west; and school crossing si_~ns be put up the proper distance either side of the school crossing, and possible markings be painted on the road. Vote of the Town Board: A/es: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted. Mr. David Driscoll asked if a decision has been handed down on the Norris case. Supervisor Martocchia stated he had received the decision this date but has not read it.---Town Attorney Tasker stated that court found in favor of the Town, that basically the rezoning was pursuant to the comprehensive plan of the Town of Southold. The decision is 21 pages long.---Mr. Charles Meyer asked what is the comprehensive plgm of the Town o£ Southold; does it refer to some master plan?---Town Attorney ~asker stated that in the decision the judge goes into a discussion of the comprehensiveS'lan. Mr. Driscoll asked about the progress of the planning text Mr. Wickham is working on.---Supervisor Martocchia stated that the ~ownjhas the complete text of the developmentjplan, and Planning Board secretary Muriel Brush is putting it in propertform.---Mrs. Mabel Lyt!e further questioned the title of the "comprehensive or development plan", as did Mr. Charles Meyer;--he asked if there is something available in words guiding the future of Southold Town.---Supervisor Martocchia stated he should go to the Planning Board of£ice in Southo!d and he will be provided with such material. Mrs. Lorraine Terry complimented Supervisor Martocchia on handling the Fishers Island emergency situation by obtaining the much needed boat. Considerable discussion was held while briefly examining the ~indings of the court in the Norris case. A taxpayer addressed the Board stating he is a permanent resident attending his first town board meeting. He h~.as enjoyed the meeting and will come again, however, he understands ~hat at a town meeting no smoking is allowed; it is hazardous to his health and the smoker. Couldn't something be done about prohibiting smoking at the meeting? Justice Surer stated that the smokers are in violation, and if he would sign a complaint before one of the town justices, something will be done. The subject of the dog pound was brought up/ Supervisor Martocchia stated progress is being made but there are still problems to be solved. At present the cages do not meet the specifications and must be corrected.---Mr. Meyer asked if there is not a penalty clause or final date for this project.--Supervisor Martocchia stated that ~or such a small project amounting to about $25,000.00 it is unrealistic to put in a penalty clause. The contractor has not been completely paid and will not until everything is up to specifications. On motion off Councilman Rich, seconded by Justice Demarest, it was RESOLVED that there being no further business to come be£ore this Town Board meeting, the meeting be adjouzmed at 4:30-P.M. Vote o£ the Town Board: Ayes: Supervisor Martocchia'~ Councilman Rich, Councilman Homan, Justice Surer, Justice ~emarest. This resolution was declared duly adopted. Town Clerk