HomeMy WebLinkAboutTB-10/29/1974SOUTHOLD TOWN BOARD MINUTES
Meeting of October 29, 1974
The Southold Town Board met at the office of Supervisor Alber tM.
Martocchia, 16 South Street, Greepport, New York, at 3:~0 P.M.,
Thesday, October 29, 1974, with the following present:
Supervisor Albert M. Martocchia
Councilman James H. Rich, Jr.
Councilman James Homan
Justice Martin Suter
Justice Louis M. Demarest
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Town Clerk Albert W. Richmond
Absent: Justice Francis T. Doyen
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the minutes of the Southold Town Board meeting held
October 8, 1974, and recessed to October 15, 1974, be approved as
submitted.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motion of Justice Demarest, seconded by Justice Suter, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3:00 P.M., Thursday, November 7, 1974, at the office
of Supervisor Albert M. Martocchia, 16 South Street, Greenport,
New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan,Justice Suter, Justice Demarest.
On motion of Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that the Southold Town Board approves the action of the
Fishers Island Ferry District in transferring $20,000.00 from
Maintenance of Buildings to Maintenance of Ferry in their 1974
~udget.
Vote of the Towh Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motion~ Justice Demarest, seconded by Councilman Homan, it was
RESOLVED that the Southold Town Board approves the action of the
Fishers Island Ferry District in awarding lowest bidder Thames
Shipyard and Repair Co. of New London, Connecticut the contract
for haul-out of the Mystic Isle and the M/V Olinda.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homart, Justice Suter, Justice Demarest.
On motion~ Just~ice Suter, seconded by Councilman Homan, it was
RESOLVED that Deborah Scott, Greenport, New York, be and hereby
is appointed by the Southold Town Board to represent the Town of
Southold in the CAST program.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motion of Councilman Rich, seconded by Just~e 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 3:30 P.M., Tuesday, November 26, 1974, in the matter of
the application of Raymond E. Clempner for a permit under the
provisions of the Wetland Ordinance of the Town of Southold for
the purpose of building an open dock across the meadow at his
property on Inlet Lane, Greenport, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motion of Councilman Homan, seconded by Councilman Rich, 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
Yor~,,a~3:45 P.M., Tuesday, November 26, 1974, in the matter of
the application of Elsie Mastrosimone for a permit under the
provisions of the Wetland Ordinance of the Town of Southold for
the purpose of building an open dock across the meadow at her
property on Inlet Lane Extension, Greenport, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Council~n
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On motion of Councilman Homan, seconded by Justice Suter,
WHEREAS the Sacred Heart R. 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 and 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 required by law, and it is further
RESOLVED that the Town Clerk be and he hereby is directed to issue
a Bingo License to the Sacred Heart R. C. Church, Cu~chogue, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Jusiice Surer, Justice Demarest.
Moved by Councilman Homan, seconded by Councilman Rich,
BE IT RESOLVED that the following rules and regulations shall apply
to the public inspection and copyin-g-of such Town-records as are
subject~.to ~h~lic inspection by law and shall continue in effect
until altered, changed, or amended or superseded by further resolution
of,this Town Board, or by action of the Committee On Public Access
To Records established pursuant to chapters 578,.579 and 580 of the
Laws of 1974:
A. PLACE OF INSPECTION. Such records shall be made available
for inspection at the office of~the Town officer or employee charged
with the custody and keeping thereof.
B. TIME OF INSPECTION. Such records shall be made available
fo~ public inspection on regular.business days. between the hours of
1'0:00 a.m. and 12:00 noon and 2:00 D.m. and 4:00 p.m., if readily a
available, If not readily available, written request sepcifi~ally
describing records to which access is desired shall be filed with
the Town officer or employee charged with the custody and keeping
thereof, who shall produce same within 48 hours of such request.
Such written request shall be on the form prescribed by the State
Comptroller. If the Town officer or employee charged with the
custody and keeping of the record elects or refuse access, he shall
submit to requester written statement of his reason therefor within
48 hours of such request.
C. FEES. (1) ~opies.. The Town officer or employee charged
with the' custody and keeping of .the record shall upon request~ make
a co.p~ or~co, piesof any record subject to such inspection upon -a
payment of a fee of $1. O0 per page, for the~first page and $.~25 ~er'
pag:e ~for eack additional pa-ge. ~-. .
If a copy or copies are desired thereof by the requester/
the Town of~f.~ce~ ~or~empl~oyee ~charged with the custody and keeping
of the record shall make the same and mail or deliver the same to
the requester within one week ~ep~ndin~g on ~he v~lume and number
of cop~es requested. . - .
. ~ ,~2) Certifi~cation. Any-Town~ officer or employee charged
with the custody and keepinq o~ any such record~ shall upon request,
certify a copy~of a document or record prepar~ed pursuant to~the
provisions of the preceding subsection upon payment of a fee of $.25.
D. To prevent an unwarranted £nvasion of personal privacy, the
committee on public access to records may promulgate g~idelines for
the deletion of identifying details for specified records which are
to be made available. In the absence of such guidelines, an agency
or municipality may delete identifying~details when it makes records
available. An unwarranted invasion of personal privacy includes,
but shall not be limited to:
(1) DisclQsure of such personal matters as may have been
reported incconfidence to an agency or municipality and which are
not relevant or essential to the ordinary work of the agency or
municipality;
(2) DisclQsure of employment, medical or credit histories
or personal references of applicants for employment, except such
records may be disclosed when the applicant has provided a written
release permitting such disclosure;
(3) Disclosure of items involving the medical or personal
records of a client or patient in a hospital or medical facility;
.... (4) The sale of release of~lists of names and addresses
in the possession of any department of such lists would be used for
private commercial or fund-raising purposes;
(5) Disclosure of items of a personal nature when disclosure
would result in economic or personal hardship to the subject party
and such records are not relevant or essential to:the ordinary work
of the department.
E. Each department shall maintain and ~a~e available for
public inspection and copying, in ~onformity with such regulations
as may be issued by the Committee on Public Access to Records a
current list, reasonably detailed, by subject matter of any records
which shall be produced, filed, or first kept or promulgated after
the ~ffective date of this article. Such list may also provide
identifying information as to ~ny records in the possession of the
department on or before the effective date of this article.
F. -In addition to such requirements as may be imposed by this
resolution or by ~hapter 578 of the Laws of 1974, each board,
commission or other group of the Town having more than one member
shall maintain and make available for public inspection~a record
of the final votes of each member in every agency proceeding in
which he votes.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Councilman Homan, seconded by Justice Suter,
WHEREAS Sam Brown applied to the Town Board for a s~ngle trailer
renewal permit dated October 9, 1974,
~OW, THEREFORE, BE IT RESOLVED that the application of Sam Brown
to locate a single trailer hn his property on the west side ~of
Tuth~i~l~ '~ane (Town Road to disposal area), Cutchogue, New York,
be and hereby is granted for a period of -six (6) months.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilm~n
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Councilman Homan, seconded by Councilman Rich,
W~EREAS Minnie Wilson applied to the Town Board for a single trailer
renewal permit dated October 16, 1974,
NOW, THEREFORE, BE IT RESOLVED that the application of Minnie Wilson
to locate a single trailer on her property on the west side of
private road off the north side Middle Road (CR 27), Cutchogue,
New York, be and hereby is granted for a period of six (6) months.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
Moved by Justice Surer, seconded by Councilman Rich, it was
RESOLVED that the application of Steve Hamilton to locate a single
trailer on the property of Elmer Ruland, Route 25 and Mill Lane,
Mattituck, New York, be held for study.
Vo~e of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
Moved by Justice-Demarest, seconded by Justice Suter, it was
RESOLVED that the Mattituck Senior Citizens group be authorized
Go spend the balance provided in the 1974 budget due them for a
bus trip.
V~e of the Town Board: Ayes: Supervisor Martocchia, Councilman
~ic~{,Y Co~hcilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Justice~Suter, it was
RESOLVED that the Southold Town Board approves the amount of
$100~,000~0 bond as recommended by the Southold ToTM Planning
Board for roads and improvements in the subdivision known as
"Oregon View Estates" at Cutchogue, New York, owned by Louis Hodor.
Vote of'the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
On mot:ion of Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that the Southold Town Board send a letter of appreciation
to the ~illage of Greenport for their generous offer of the parcel
of land on Moo~e's Lane, Greenport for the construction of a
Sou~hold Town Hall.
Vo~ of the Town Board: Ayes: Supervisor' Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Councilman Homan, it was
RESOLVED that the Southold Town Board approve payment of a bill
in the amount of $3,000.00 to the Postmaster, Southold Post Office,
for postage for the postage meter machine at the Southold Town
Clerk's Office.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved'by J~stice ~Suter, ~seconded by Councilman Homan, it-was
~ESOLVED that Supervisor Albert M. Martocchia be and he hereby ~s
authorized to purchase a police car from the lowest reponsible
bidder~f'~ J. Hart, Riverhead Ford, in the amount of-$3,772.00.
Vote of the Town Board: Ayes: Supervisor Martocchis, Councilman
Rich,~ Councilman Homan, Justice Suter, Justice Demarest.
M6ved by Justice Demarest, seconded by Justice '-Surer, it was
RESOLVED that the Southold Town Board rescind the~following-
resOlution-adopted by them on September 24, 1974:
,,on motion of Councilman Homart, seconded by.Councilman
R~ch, it was
RESOLVED that $20,000.00 be transferred from A1990.4 tc
Contingent Account, General -~und to A3510.2 Control
o~ Animals, Equipment, General Fund.
Vote of the Town ~Board: Ayes: Supervisor Martocchia,
Councilman Rich,-Councilman Homan, Justice Suter, Justice
Demarest."
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that Supervisor Albert M~ Martocchia be and he hereby
is authorized to sign the following-Nutrition for the Elderly
Program with~the County of Suffolk:
AGREEMENT
THIS AGREEMEI~T, made'on the 1st day of~-October, 1974 between
the-CoUnty of Suffolk through its duly author~ized'Office of the
Aging (hereinafter referred to as the "County"), a municipality
having-its principal office at Riverhead, Suf~ol-k ~County, New York
a-~ Towh of Southold (hereinafter ~eferred to as the "Contractor"),
~laving its p~incipal office at 16 South Street, Gr.eenport~, New
York~ t't~9~4.
WHEREAS, the parties hereto desire to ~ake available to the
elderly of Suffolk County a nutrition program, as set forth ~n
Title VII of the Older Americans Act, ~n accordance with rules and
regulations of the Administration on Aging., U. S. Department~f
Healthy Education and Welfare, and
WHEREAS, the County desires to contract with the Contractor
for the furnishing of such services as aforesaid and the Contractor
has agreed to render ahd furni~sh such services to the residents~of
the County of Suffolk to the extent indicated therein, and as set
forth under the terms and conditions hereinafter provided,
NOW, THEREFORE, IT IS MUTUALL-Y AGREED BETWEE~ ~/HE PARTIES AS
FOLLOWS: ,~ . . .....
1. The,Contractor, at its own Cxpense~and. charge and for
the conside~at~0n .h~r~:in provided, agrees to furnish adequate
qualified and trgi~ed pprsonnel together with. tke required physical
faci!~tie~, to~:provide older ~uf~olk.:~ounty ~e~!dents, particularly
those with: low incomes, with nptritLonally sound meals served in a
strategically located center where they can obtain other social and
~ehabilitative services so that besides promoting better, health
among the olde~ _-segment Of 0~ population through improved.nutrition,
such a pr0gram .will reduce the isolation of-old a~e:and offer~ older
Suffolk ~ounty residents an oppo~un~ty to..~vei their remaining years
zn dignity.
2. Th~..Cou.nty,.and..the Contractor mutually agree t~at~the
objective~ set forth fo~ the Title.V~I programs of the Older
Americans Act are useful and helpful programs and services for
older Suffolk County residents.
3. It is agreed that the nature and extent of the services
provided pursuant to this Agreement shall be subject to the general
supervision of the county. The site location, as described in the
program application, is subject to the County's approval. .The
Contractor a~rees-to conduct such "outreach." program in the
community in a_competent, skillful manner and to the best of its
ability. The Contractor agrees to comply fully with the rules,
regulations, criteria, guidelines or expenditure controls hereto-
fore..~gpted or to be adopted by the County and the Federal Government~
pursuant to law.' ~'~ ~' ~' ' '
4. This Agreement shall terminate September 30, 1975. If
through any cause the Contractor fails to fulfill, in timely, and
proper manner its obl%gations herewith, or if the County shall deem
it in its best interest to terminate this Agreement, or its
obligations w~th respect to any ~den~ifiable~ part of this pr0g~am,
it shall have the right tO do so by giving thirty (30) days Pr~0r
written notice, by registered or certified mail, to the Contractor,
of such cancellation. The Contractor may terminate this Agreement,
at its option, by giving sixty (60) days prior written notice to the
County by registered pr ~er~if~ied mail. - ~
5. The Contractor represents and agrees that the~ Budget for
the term of this Agreement, attDched her~eto and made a part hereof,
designated as Exhibit "A", lists all pgrsonnel and/or other costs
of services to be rendered by the Contractor under~ this Agreement,
and shall not exceed a total cost of $32,108.00. Any changes of
the Budget,. including t:otal amount,: its component line items or ,of any
items listed under Personal.Services (Personnel) or Equipment s~all
require an amendment to this Agreement ~pproved by the parties hereto,
The Contractor agrees that its_expenditure shall conform to th~
applicable provisions of la~, and customary prevailing governmental
practices and standards. The County will not reimburse the ~0ntractor~
for any expenditures that are not allowed reimbursements to .th~ County
by the Federal or New York State Agencies.
6. The amount to be ,paid by. the Cqunty as set forth herein,
shall constitute the full obligation of the County in connection
with this Agreement add any matter arising therefrom.
7. (a) The Contractor understands that the County may advance
up ~q~q~e.,quarter of the contract price during the first quarter of
the contract year, upon receipt of such form as prescribed by the County.
(b) The County agrees to pay the Contractor monthly for
services provided and costs incurred pursuant to the Agreement on
receipt of monthly claims in such form as.prescribed by the County
and after audit and approval by the County.
(c) The Contractor agrees that, if for any reason what-
soever the Contractor shall spend during the term of the Agreement
for th.e purposes set forth herein an amount less than agreed, the
total County payment hen~in shall be redueed to the amount of approved
actual Contractor expenditures made for such purposes.
(d) It is agreed that all monthly.claims for payment are
to be~ submitted by the Contractor promptly and no later than twenty
(20) days after the, end.of each quarter unless otherwise directed by
the County. Ail payments made to the Contractor shall be subject
to,any a~d~ustment and addit that authorized 'personnel of the County
m~y~ind~icate is appropriate. No later than two (2) months from the
expiration of the term of this Agreement, th.e Contractor shall submit
twelve (12) copies of a final report summarizing the conduct of the
program hereunder, together with a final accounting.. The Contractor
may, togethertherewith, submit~a final request for payment of all
approved~expenditures then remaining unpaid.
8. .The Contractor agrees that it shall keep and maintain
separate books of account and records concerningall costs incurred
in the performance of this Agreement a~nd that it shall have available
for audit and inspection, by the Department, the County, and the New
York State Comptroller, its plants, facilities, books and all other
financial and statistical records.
9. The Contractor warrants that it is not in arrears to the
County upon debt or contract and is not a default-er as surety,
¢ontracto~ or otherwise on any oblig~ation to the County~
10. No assignment of this contract will be permitted without
the written consent of the County.
1t. The relationship of the Contractor to the County shall be
that of.an independent contractor.
12. The Contractor shall indemnify and hold harmless the County
from the,claims, costs, damages' or_ijuries to persons or property of
whatsoever kind-~or nature~arising out of the ma~i~g~of this Agreement.
In addition, the Contractor shall take out-and main.rain workmen's
compensation insurance covering all of its.employees, and liability
insurance satisfactory to the County on all locations and facilities
in a-n amount not~.less than $1,000,000/$3,000-,000 for bodily injury
andeS100,000 for property damage, and~the,~County is to be.a party
insured'~.~nder such liability policy. The contractor agrees to furnish
promptly~to the~County certificates of~ins~rance signed by the insurance
companies or copies of insurance policies certified by the insurance
companies in evidence of the above described insurance'covera~e.
13. (~) At least fourteen (14) days prior to placing any order
to purchase furniture or equipment, the Contractor~shalt-submit to the
County a notice with a list sho~ing the quantity and dsscription of
each item, its intended location and use, estimated unit price,
extended price.and estimated total%cost of the proposed order. Written
approval of the County is requi~ed before the~Contractor may_proceed
with the proposed purchase of furniture and equipment. No sales or
Fede~al'Excise~taxes are to be ~aid~
(b)~ The Con tractor-a~rees to follow all of the general
practices that are_designed to'obtain f~rniture and equipment at the
most reasonable price possible. The County reserves the.right to
purchase~e.r obtain~furniture or equipment for-the Contractor. If
the County exercises this right, the~maxim~m reimbursement amoun~
due the Contractor shall be reduced by an amoun5 equal to the
price of the furniture or equipment paid by the County.
(c) All furniture or equipment purchased or obtained by
the Contractor pursuant to~the ~enms of this Agre'ement must be held
in the name of the County. Dur~ing the period or, this Agreement or
any renewal hereof, the Contractor is hereby granted the right to
use the same but only for the p~rpose of carrying out the~terms of
this Agreement.
(d) The Contractor shall maintain proper and accurate
inventory records and controls for such furniture or equipment and
shall submit a report to the County no later than fi~e ~(5) days after
the termination of the contractural relationship between the County
and the Contractor, certifying the inventory of furniture and/or
equipment, as verified by a physical count.
(e) Upon termination of this Agreement, or of any renewal
hereof, the Contracto~ shall render all necessary assitance for the
physical ~emoval of such furniture or equipment~by the County, or
its designees, in the same condition as it was received by the
Contractor, reasenable wear and tear excepted. Any disposition,
settlements, or adjustments connected with ~such furniture or equipment
shall be in accordance with the rules and regulations of the County.
14. ~The Contractor shall~ not publish any book, article or
report.without first obtaining the written approval of the Department.
The Department will provide the necessary personnel to review such
publications and such approval o~ disapproval shall not be unreasonabl_,~-~
delayted or unreasonably withheld. This paragra-ph shall not apply to
the ordinary .written transactions necessary to carry~out th.e terms
of this contract.
15. The Contractor agrees that the Budget Director of the
County is authorized to review and evaluate and approve or disapprove
for merit and duplication of services any and all studies, research,
or .reports to be. done by the.Contractor in ~connection with services
provided under this Agreement. ~ -
16. No services to be rendered pursuant to, or in connection-
with this Agreement may be refused to any person because of his race,
creed, sex, color, or country of origin.
17. ~uring the performance of this contract, the~ Contractor
agrees that-.it will comply with the "non=discrimination clauses",
as required by the State of New York, and as set forth in Exhibit "B", a
attached hereto and made a part hereof.
18. The County shall evaluate and determine compliance with the
terms hereof. Such evaluation shall be considered by the Countyand
submitted to the Contractor for its information pr~ior to3consideration
of any request for renewal of this Agreement.
19. The Contractor agrees to render diligently to the County,
any and all cooperation, without additional compensation., that may be
required to legally defend the County against any claim, demand or
action that may be brought against the County in connection with this
Agreement.
20. Any communication, notice, claim for payment, report or
other submission necessary or required to be. made by the Contractor
to the County, shall be deemed to have been duly made ~pon receipt
by the County at an address specified by the Budget Director o~ the
County.
21. It is understood that this ~s~ument represents the~entire
Agreement of the parties theDet0; and all previous understandings
are, merged herein; and that no modifications hereof shall be valid
unless written evidence thereof shall be executed by the party t'o be
charged.
~2. If any term or provision of this Agreement or the application
thereof to any person or cir~cumstance shall, to any extent be held
invalid or unenforceable, the remainder of this A~reement, or the
application of such term or provision to persons or circumstanceS
other than those as 5o which it is held invalid or unenforceable,
shall~ not be affected thereby, and.every other term and provision
of this Agreement shall be void and be ~nforced to the fullest extent D~rm
permitted by law.
23. The Contractor shall make every effort possible to coordinate
the work performed under this Agreement with the Suffolk County
Office of the Aging.
EXHIBIT "A"
Town of Southold
Nutrition Por The Elderly Budget
October 1, 1974 - September 30, 1975
E~PENDITURE
Personnel
Site Manager
Consultants
Equipment
Ref-rigerator
Mixer
Meat Slicer
Dishes & Tableware
AMOUNT
$10,000.
10,000.
765.
1,800.
650.
350.
300.
200.
Large Pots & Pans, Bowls, etc.
Misc. Small Items
Travel
Transportation Vehicle
Staff Travel ~' ll¢/mile
R~nt
Communication
Telephone
Printing and Supplies
Prin~ing
Food
'Supplies
Total
Less: Site Income Carryover 1974
Estimated Site Income 1975
Net Suffolk County Share
EXHIBIT B
NON-DISCRIMINATION CLAUSES
200.
100.
1,038~
510.
528.
3,000.
815.
815'.
18,690.
100.
17,290.
1,300.
$36 108.
500.
3 500.
$32 108.
During the performance of this contract, the Agency agrees as follows:
(1) The Agency will not discriminate against any employee or
applicant for employment because of race, creed, color or national
origin, and will take affirmative action to insure that they are
afforded equal employment opportunities without discrimination
because of race, creed, color or national origin. Such action
shall be taken with reference, but not be limited to: recruitment
employment, job assignment, promotion, upgrading, demotion, transfer,
layoff or termination, rates of pay or other forms of compensation, and
selection for training or retraining, including apprenticeship and
on-the-job training.
(2) The Agency will send to each labor union or representative
of workers with which it has been or is bound by a collective bargaIning
or other agreement or understanding, a notice, to be provided by the
State Division of Human Rights, advising such labor union or representa-
tive of the Agency's agreement under clauses (1) through (7) (hereinafter
cal~ed "non-discrimination clauses"). The Agency shall request such
labor union or representative to furnish the Agency with a written
statement that such labor union or representative will not discriminate
because of race, creed, color or national origin and that such labor
untion or representative either will affirmatively cooperate, within
the limits of its legal and contractual authority, in the implementation
of the ~61icy and provisions of these non-discrimination clauses or
t~at it consents and agrees that recruitment, employment and the terms
and conditions of employment under this contract shall be in accordance
with the purposes and provisions of th~senon-discrimination clauses.
If such labor union or representative fails or refuses to comply with
such a request that it furnish such a statement, the Agency shall
promptly notify the Commission and the State Division of Human Rights
of such failure or refusal. ~
(3) The Agency will post and keep posted in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the State Division of Human Rights setting forth the
substance of the provisions of clauses (1) and (2) and such provisions
of the State's Laws against discrimination as the State Division of
Human Rights. shall determine.
(4) The Agency will state, in all solicitations or advertisements
for employees placed by or on behalf of the Agency, that all qualified
applicants will be afforded equal employment opportunities without
discrimination because of race, creed, color or national origin.
(5) The Agency will comply with the provisions of Sections 291-299
of ~he Executive Law and the Civil Rights Law, will furnish all informatio
and reports deemed necessary by the State Division of Human Rights
under these non-discrimination clauses and such sections of the Bke~etive
Law, and will permit access to its books, records and accounts by the
County, the State Division of Human Rights, the Attorney General and
the Industrial Commissioner for purposes of investigation to ascertain
compl-iance with these non-discrzmination clauses and such sections of
the Executive Law and Civil Rights Law.
(6) This contract may be forthwith. _ ~gnce~d, ...... terminated~ or
suspended, in whole or in part, by the County upon.the..basis of a finding
made by the County, the CommissiDn, or the StaGe Division ~f.~man Rights
t~at the Agency has not complied with these_non-discr~mination~3clauses,
and ~he Agency may be declared ineligible.f0r..~uture.co~tra~ts.made by
or on behalf of the County, the State or a public authority or_agency
of the State, until it satisfies the State Division of Hu~anRf~ts
that it has established and is carrying out a program in ~conformity
wi~h.~ne provisions of these non-discrimination cla~s~s~..Su~' ~nding
shall be made by the State Division of Human Rights after conciliation
efforts by the State Division of Human Rights has failed to.achieve
compliance with these non-discrimination clauses and after:a.~verified
complaint has been filed with the State Division of Human Rights,
notice thereof has been given to_the Agency and an opportunity has
been afforded the Agency to.be h~a~d~ubli~l~b~fore three members of
the State Division of Human Rights. Such. sanctions may beck,poSed and
remedies invoked independently of or in addition to sanctions and
remedies otherwise provided by law~
(7) The Agency will ~n~'l~e~t~ ~pr0vis~ons or_clauses (~). through
(6) in every sub-contract or purchase in order in such a manner that such
provisions will be binding upon each subcontractor or vendor as to
operations to be ~erformed within the State of New York. The Agency
will take s~ch action in enfor~in~ such pr6visions 6f such subcontract
or purchase order as ~he~County Commission or the Ne~ ~0r~ State
Narcotic Addiction Control Commission'may direct, including sanctions
or remedies ~r n0n6ompliance. If t~e Agency becomes ~nvolved in or
is threatened with liti§ation ~ith a subc0ntrac~or or vendor a~ a
result of such direction by the contracting agency, the Agency shall
promptiy so notify the Attorney General, requesting him to i~te~vene
and protect the interests of the State of New York.
Vote of the Town Board Ayes: Supervisor Mart0cchia, councilman
Rich, Councilman Homan, Justice Suter~ Justice Demarest.
Moved by Councilman H0man, sec0~ded by Justice Demarest,
WHEREAS the Town of Southold has heretofore entered into a contract
with the County of Suffolk dated October 1, 1974~whereby ~he~Town
~as agreed with the County of'Suffolk ~o administer a nutrition
progra~ pursuan~ to the provisions of Titie~VII of the Older
Americans Act for a term of one year, commencing on October 1, 1974,
and
WHEREAS pursuant to such program a Site Manager is required to ~e
employed by the Town to administer said program on behalf of the
Town, all in accordance with:Said ~ontrac~ between the Town and~
County, and
WHEREAS, the Town desires-to employ Mary Tuthill~as the S~te
Manager for said program and the said Mary Tuthill has agreed to
accept suCh'position and to perform the services of a Site ~anager,
NOW, THEREFORE, IT IS AGREED:
1. That the Town does hereby employ Mary T~thill as the Site
Manager for the nutrition program to~'be administered by the Town of
Southold pursuant to the aforesaid agreement with the County of
Suffolk and the said Mary Tuthill does h~reby agree to be employed
in such p~sition pursuant to the terms hereof.
2. That the services of the Manager shall be performed in
accordance with all the terms and conditions Of the agreement
betW~eh th~ County Of Suffolk and the To~rn of Southo~ above
referre~ to and in accordance With the directions of the Town of
Southold.
3. That the Town agrees t~ pay and the Manager agrees to
accept for such services the monthly sum of E~ht Hundred- Thirty-
thr~e and 33/100 ($833.33) DOllars.
4. That the services of the Manager are to comme~ce on the
date of said agreement between %he Town and the County' and to'
continu~ 'f~r a term Of one year hereafter unless sooner terminated
in accordance with the terms' and conditionS of the cbn'tract'between
the Town and the County.
Vote of the Town Board: AyeS: SuperviSor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest'~
OCT g 9 ]97 18'
Moved by Councilman Homan, seconded by Justice Suter, it was
RESOLVED that Arthur Sherrard, New Suffolk, New York, be appointed
School Crossing Guard in front of the Sacred Heart School, Cutchogue,
New York, effectivs Nogember 1, 1974, at $11.30 per day, to be paid
in regular monthly payments.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Mr. David Driscoll i~quired as to the possibility of recording
Town Board minutes. He also discussed selecting another Town Hall
site and had questions regarding the budget.
Mrs. Gladys Csajko inquired as to the progress of the dog pound.
Moved by Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that this Southold Town Board meeting be adjourned at
4:40 P.M.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Albert W. Richmond
Town Clerk