HomeMy WebLinkAboutTB-03/10/1964MEETING
The Southold Town Board met at the office of the Superviso~r, Lester
~ AlbertsOn, at Greenport, New York ~n Tuesday, Ma~ch t~0~ i964 with
the following present: Supervisor Albertson; Council~'en~Demarest and
Valentine; Justices Tuthilt and Clark; Town-At~0rney Tasker and Town
Clerk. Richmond and Supt. of Highways Price.
Moved~by Justice Clark; seconded by.Councilman Demarest;
RESOLVED: That the minutes of February 18, 1964 and the Special-meet-
'ing of March 3, 1964~e and they are hereby duly approved.
Vote~of Town Board: Ayes-supervisor Albertson; Councilmen Demarest
and~-~alentine; Justices Tuth~ll and Clark. ~ ~
Moved by Justice Clark; seconded by Justice Tuthill:
RESOLV-ED: That the next regular monthly meeting of the Town Board
%rill be held at the office of the Supervisor, Lester M. Aibertson,
16 'South Street, Greenport, N.Y. on Tuesday, March 24, 1964 at 3:00 P.M.
Vote of the Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved~by Justice Clark; seconded by Councilman Valentine;
RESOLVED~~ That the report~ of Lester M. Albertson, Supervisor, for the
month~of February 1964 be accepted by the Town Board~and placed on
file. Vote of Town Board: Ayes-~oDn~ilman Demarest and Valentine;
Justices Tuthili' and Clark.
Moved by Councilman Valentine; seconded by Councilman Demarest;
RESOLVED: That the Police Report for the month of February, 1964, he
accepted by the Town Board and placed~on fi~
Vote of Town Board: ayes-Superv~or Albertson; Councilmen Demarest
and Grathwohl~ Justices Tuthill and Clark.
Moved by Justice Tuthill; seconded by Justice Clark;
RESOLVED: That the report of Ralph p. Cox, Dog Warden, for tbs month
Of. February 1964 be accepted by the Town Board ~nd placed on file.
Vote of Town Board: Ayes-Supervisor Albertson; -Councilmen Demarest
and Valentine; Just~es Tuthill and Clark. ~
Moved by Justice Clark; seconded by Councilman Valentine;
RESOLVED~ ~hat-the ~report of Atber~W. Richmond, Town Clerk, for
the month of February 1964 be accepted-by the To~n Bc~rd and placed
on -fi~~. Vote of Town Board: yes-Supervisor Albertson; Council-
men Demarest and Valentine; JustiCes Tuthill ~and Clark.
Moved by Councilman Demares~; seconded by Justice Tuthill:
RESOLVED: That the report of Howard N. Terry, Building Inspector, for
~he month of February 1964 be aceepted~by the Town Board and'placed
on-file. Vote of Town Board: ayes-Supervisor~Albertson; council-
men Demarest and Valentine; Justices Tuthitl and Clark.
Moved by Justice Clark; seconded by Councilman Valentine;
WHEREAS, James Patrick Kelly has served the Town~ of Southold as
Patrolman (Constable) for the past 36 years ~and has~ ~iligentI-y and
faithfully performed the duties of his office, - ~. ·
NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of
Southold express to Patrolman Ja~s Patrick Kelly ~i~' s .grateful
app~'eciation of his service to the Town of Southold. ~
"V0te~%of Town Board: ~yes-Supervisor A~bertson; Councilmen ~Demarest
and Valentine;-Justices Tuthitl and--clark.-
Moved by Justice Clark; seconded by Councilman valentine;
RESOLVED: Tha~ Supervisor Lester M. Albertson be and he hereby~is
authorized to hire Barbara Carrozza Of Peconic, New ~York,~--a-s~a-Sec~
~e~ary~ to the Planning Board and the Board' of ~ppeals for-
(8) week probationa~ry period. ~ ..... ~i .'_.~ ~ ~ ·
Vote of Town Board: Ayes-Supervisor-Alber%son; C0unCiI~e~ Dema~est
and Valentine; Justices Tuthill and 'Clark. .3 .~ ~ ~ ·
294
Moved by Justice Clark; seconded by Justice Clark;
Wt{EREAS, a building located on Hummel Avenue, Southold, formally-owned
by Goldsmith & Tuthill and no~ under contract to Southold Lumber Co.
encroaches upon Tow~ Property~to the extent of one foot thres inches
on the west and one foot eight inches on the east, and
WHEREAS, the owner of said property has requested that the Town permit
such encroachment to continue as long as the present building remains on
the property, and
WHEREAS, it is the feeling of the Town Board that such encroachment is
not detrimental to the interest of the Town of Southold,
NOW, THEREFORE, BE IT RESOLVED: That the Supervisor of' the Town of Squth-
old be and he hereby is authorized to enter into an agreement with the
owner of said property permitting the above mentioned encroachment to.
continue as long as the building on said premises remains in itsTpresent
condition~ Vote of Town board: Ayes-Supervisor Albertson; Counciln~en
Demarest and Valentine; Justices Tuthill. and Clark.
Moved by Councilman Demarest; seconded by Councilman Valentine;
RESOLVED: That the Supervisor, Lester M. Albertson, be and he hereby is
authorized and directed to advertise for 75,000~gal. of Special Grade
Gasoline. (or.~ich thereof as may be required during the period from
April 1, 1964 to March 31, 1965) for the use of the Town of Southold.
The Town Board of the Town of Southold reserves the right to refuse any
and all bids and to waive any and all informality in any bid, should it
be deemed in the best interest of the Town of Southold. Bids to be open-
ed at 3:30 P.M~ on March 24, 196~.
Vote of TOwn Board~ Ayes-Superv isor Albertson; Councilmen~Demarest and
Valentine; Justices Tuthilt and Clark.
Moved by Justice Clark; seconded by Councilman Valentine:
RESOLVED: That Supervisor Lester M. Albertson is hereby authorized to
purchase a desk, typewriter and office equipment for the assessor's
office, sum not to exceed $
Vote of.Town Board: Ayes-Supervisor Albertson; Councilmen D~arest and
Valentine; Justices Tuthill and Clark.
Moved by CDuncilman Demarest; seconded by Justice Tuthill'
RESOLVED: That the Supt. of Highways of the Town of Southold, be authoriz-
ed to advertise for bids~nd to purchase from the lowest responsible
bidder ~0~ ton (or as m~ as may be needed thereof ). of 3/8 blue stone
for ~the_repairs of the/Town Highways, to be~delivered when so ordered
by the Supt. of Highways.
Vote of Town Board: ayes-Supervisor Albertson;~ Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Justice Tuthill; seconded by Councilman Demarest;
RESOLVED: That t~Supt, of Highways of the Town of Southold be authoriz-
ed to advertise for bids and to purchase from the lowest responsible
bidder 50~,000 gals. of Asphalt Road Material or as much as may be ~eeded
for the repairs of Town ~ighways, to be delivered when so ordered by
the Supt. of Highways.
Vote of Town Board: Ayes-Supervisor.Albertson; Councit~en Demarest and
Valentine; Justices Tuthill and Clark~
Moved by Justice Tuthili; seconded by Justice Clark;
W=rIEREAS, Southold Town Planning Board has prepared an official rep0rt~
and r.ecommendation upon a proposal to amend.the Building~Zone Ordiaa~e
of the Town of Southold, Article .III Section~300.~Su3odi¥i~io~6 by adding
a new subdivision to be Subdivision 6a to read as ~follows:
6a Public utility building, structures or facilities, when authorized as
a special exception by the Board of Appeals as hereinafter.provided,
NOW, THEREFORE, BE IT RESOLVED: That a public hearing ~ill be held by the
Town Board at the Supervisor's Office, 16 South Street, Greenport~ N,Y.
on Tuesday, March 24, 1964 at 7:00 P.M. 'on the above mentioned.amen~n~ent,
pursuant to provisions of Article IX of the Building Zone Ordinance
Section 265 and that the Town Clerk be and he hereby is authorized and
~irected to cause a notice of ~aid hearin to be ublis~ed in the Lng
sland Trave±er-Matt~tuck Watchman pursuant to th~ requirements of ~aw.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
295:
Moved by Councilman Valentine; seconded by Justice Clark;
RESOLVED: That Supervisor Lester M. Albertson be aM he'hereby is auth-
orized to sign the agreement .with Cornell University providing~for
studies t6 be performed by said university as conta'ined in said agreement.
?Vote of Town Board: Ayes-SuperviSor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Council~sn Valentine;
WHEREAS~ Bernhardt's MOtel Inc. has aequested permission to test bore
for water and place a point on'town property/ Duck Pond, Cutchogue, New
York, and~ ~
WHEREAS~ the Highway Superintendent has examinee the Situation and
recommends the issuance of a permit thereof,
NOW, THEREFORE, BE:IT RESOLVED: That the Town'Board hereby authorized
the SuPt. of Highwayb -to issue a permit for the placing of a water
pipe and w~ll~pointwithin the bounds of a-Town ~Highway known-'as Duck
Pond ROad, Cutchogue, N.Y.
Vote of Town Board: Ayes-Supervisor Albertson; councilmen Demare'st
and valentine;' JustiCes Tuthii1 and Clark. ~ ~
~ Justice clark; Seconded by Councilman Valent~ne;~
WHERE~ 'ion G.T.G. Pos~ ~803 of~Southold, N,Y.
applie¢ Town Board~for a Bingo License, and
WHEREAS~ the Town Board has examined the application and after'invest-
igation duly made findings and determinations as required by law~
, BE IT RESOLVED: That the Supervisor be and he t~reby-
is and directed to execute on behalf of the Bcard th~ findings
andl determinations as required by law, and it is further
RESOLVED: ~hat the Town Clerk be and he hereby is directed to issue
a B~ng~!iLi~ense to ~he SouthOld American Legion G.'T.~.~ Post ~803~
Vote of T~Wn-Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark~.
Moved by Justice Clark; seconded by Justice Tuthili;
WHEREAS, this Board desires to amend the provisions of the Building
Zone Ordinance of the Town of Southold as t~reinafter set f0r~h,
NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town o-f
Southold be and he'hereby is authorized and directed to transmit'~o
t~ Planning Board of the Town of 'Southold a certified copy or-this
resolution together with a request in writing to said Plan~ing
instructing said~Planning Board to prepare an official report with
their recommendations on said proposed amendments pursuant to the pro-
visions of Article IX Section 900 of the Building Zone Ordinance of
the Town of SouthOld, Said proposed amendments~being as follows:- to
By amending Article ~II Section 300 by adding the~reto a new. part.to
be Paragraph lA to read as follows:
lA The conv~rsio'n of any Building in existance at the'effective date
here~f~to~two family dwelling when authorized as a spec~at~excepti~
by ~he Board of~Appeals as hereinafter provided. ~ ·
Vote of Tow~ ~oard: Ayes-Supervisor Albertson~ C0unciimen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; se~nded by Justice Clark;
RESOLVED: That the Town Clerk be and 'he hereby is~dire~ted-to~ request
th~ Long' Island Lighting-Company to install 1L400 WMVstreet light on
Pol~I'~IL CO on~ Skippers Lane~ Orient,- ~.Y. in the Orient Light Dist.
Vote of Town Board: Ayes-Supervisor Albertson; Councilman Demarest and
Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Justice Tuthill:
RESOLVED~ T~at the Town Clerk be and h~reby is directed to request the
Long Island Lighting Company to remove one 400 WMU street Light ~n LIL
Co. and NYT CO Pole ~08 North Road and Moores Lane, Greenport, N.Y.
in the Greenport Light DiStrict.
VO~e of~ Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
296
Moved by Councilman Demarest; seconded~by Councilman Valentine;
WHEREAS, a petition was received fram cleaves Point Corporatign request-
ing ~ change of- zoRie-of ~ertain property i~ East Marion, N.Y. described
in said petition from ~'A" Residential and Ag~icultural' Dist~c't to
Business District
NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town of:
Southold be and he hereby is directed to transmit this applicaitonl to
the Planning Board in accordance with the Section 901 Subdivison
Qf Article IX of the Building Zone Ordinance Of ~he To~n of So~thold.
~ote of' Town B~ rd: Ayes-Supervisor Albertson; CoUncilmen Demarest
and Valentine; Justices Tuthill~ and Clark.
Moved by Councilman Demarest; seconded bY Councilman Valentine:
WHEREAs~ a petition Was received from Vail Bros~ i~c. r~que~ting._a'~
change of zone of certain.property situated at Pec0nic, N.Y, described
~n' ~said petition fr~m "A" Residential and Agricultural Distric~ to
"B" Business District,
NOW, THEREFORE,. BE IT RESOLVED: That the To%qn Clerk'~of the To~n
Southold be and he hereby is~d~re'Cted to transmit th~ app~ica~n~
the Planning Board in accordance with Section 901, Subdivision C of
Article IX of the Building Zone ordinance of the TOwn 0f Southold.
Vo~e~ of~ To~~n Board: AyesLSuper~i~'o~ Albertson; Counqilme~ Demakest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Justice Tu~hill:
WHEREAS~ ~C. iStratakis, S. Moraites and Emanuel M0r&itis~request pek-
mission to run a drainage pipe on Landing Lane across BeachRoad and
across To~n property ,
RESOLVED: That the Town Board approves of ~the the '~HiqhWay Superintendent
grant~n~ permiss~oh ~nder such conditions Which may be imPosed by
Highway Superintnedent Price.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Cla~k.
Moved by.Justice Clark; seconded by Councilman Demarest;
REsolVED: That General Bills in the amount 0f $8,.~19.35; Lighti~ng
Ferry D~st-
District. Bills in the amount of $5,866.50; Fishers Islahd '~
rlc~B~S-in the amount of $11,.600.99 and lHighway Bills in the amouh~t
of $26,309 52 be and'the same are hereby or~ere~ paid.
Vote .of Town Board,: Ayes-Supervzsor Albertson; ounc~lma Demarest
and Valentine;. Jus.ticesTuthill and.clark. _ : _. .... .
coun~iYma~ Demarest introduced proposed Local Law No. 2'~ntitl~d~' '
"A Local Law relating to the establishment of a police department for
the Town-of Southold.
Moved by Councilman Valentine; seconded by Justice Tuthill:
WHEREA~,~February 20, 1964 marked the 100th Anniversary Of ~the death
of Lt. Edward F.' Huntting, ~ho was born.in Southold on May'22,_ 1842
and who was killed February 20, 1864 at the. Batt!e 9f olusteg, FlOrida,
and ~ -
WHEREAS, Town G.A.R. Post N~. 353 was named in honer of Lt. Edward F.
Huntting,
NO~,::THEREF0~E, BE IT .RESOLVED: That the Town Board of the To~wn of
Southold on this day h. ereby honors the memOry of Lt.. Edward .F'. H~ntting.
vote~f' Town-Board: Ayes-Supervisor Albertson; C0uncilmen'Demarest
-and Valentine; Justices Tuthill and Clark.
Recess at 5:45 P.M. to reconvene at 3:00 P.M. on March 11, f964~
Mee~ng. reconvened"at 3:00 P.M. on March 11, 1964. J~sti~e TUthil
~was absent at this time.
M~ve% fy'Justice ~lark; seconded by Councilman Demarest;
RESOLVED: That the Town?:Clerk be and ~elhereby is directed tO Leanest.
the Long Island Lighting Company to install 1-400 WMV street:light
297
on-pole ~449J-NYT CO on the-corner ~f"~P~ivate Road a~d Main Road,
Peconic, N.Y. in the Seuthold Lig~ting Di'strict.
Vo~'e of Town Board.: Ay..e visor ~tbertS0n; Councilmen Demarest
an~d Vat~enti~e. Justic~~ ~ ~ ~¥?¥~ ~2~.~;~ ¥~%
M~ve'd 'bY~-~?~ci~n~Va~entine~'Seconded. b~Cou~cii~a~ De~arest;
RESOLED: That Ramona Latham, Dump ~t~n~h~, have his salary raised
~Om~ $~25~pe~?h~r 'to $2.55~Pe~ hou~r'r'~eff~%ive~ .~s~0f ~rch 15~ 1964.
Vote of To~ BOard: Ayes-Supervisor Albertson; Councilmen Demarest
a~ Valentine and Justice Clark.
~ved by Councilman Valentine; seconded by Councilman Demarest;
RESOLVED: Th~at Supervisor L~ster M. Albertson be and ~he-hereby is
~authorized ~t~ hire-an extra man for su~er~mon~hs to car~ for beaches,
grounds etc at a salary of $2.00 per hour '
Vote ~of T wn Board: Ayes- uperv~sor Atbertson;~ Councilmen Demarest
and 'Valentine; Justice Clark.
Moved by Councilman D~marest; seconded by Councilman Valentine;
RESOLVED: That Albert W. RfChmond, To~ Ciera, be and'he he~eby~is
authorized and directed to advertise for sealed proposals for oper-
ation o~ the concession stand and facilities at the Southold To~ Beach
in Arshamomaque, for a term of five (5) years from the 31st~ day .of
May, l~4~nder the~ terms and conditi0ns-~c~ntai~ed in the prepared~
~f~of agreement by~;Town Attorney ~asker~ bids to be opened April
21, 196~ at 3:O0'~.M.~ ~ .~ ~ ~ ~ ~ ~ .
Vot~ Of"~ .BO~rd.~: Ayes-Supervis0~. Albertson; Councilmen Demarest
and V~ient~ne~Ust~c~ C~ark. '
~v~y'd0un6ilman ~marest-; seconded: by Justice Clark;
~EREAS,, the County of Suffolk proposes to dredge certain',areas Of "'.
James Creek in the To~ of South'old which d~edging will be performed
by County owned dredging' e~ipment at a nomina~ cost t6 the Town of
S nthot~7 ~nd- .
~REAS~ in order to accomplish 'said dredging, plans, specifications,
agreem~ts and ether'documents- must be executed on behalf o~f '%he
of S6Uth~ld, now therefore, be it - - ' - .
RESO'L~D: '-~at 'the Su~rvisor'be and he hereby is authorized to ~ex. SCute,
on behalf-of the To,n-:of Sou'th'old, a-lt necessary plans and specific~t-
i~s'~ns~'il' area~ agreemen%i assurances to the Coffnt~ of Su~ffolk, 'license
and/or"~e'dqi'~g p~rmit' aPPt~ica~ions, to Fed'eral and State' AgencieS- and
ali documents that may be required. ~to accomplish said dr'~giR~
V %~e o~ Town Board: Ayes--superVis'or~lber-~s.on;- Councilmen De, rest
and-'- Valentine; Justice Clark.
M~ved b~-~st~ce Cl~k; seconde~ by Councilman Dem~est;
~~, ~t~e- CO~ty-of~- S~ffolk ~s an~ ~erates a;~edge aha other
~edging ch~els amd 4eposi%~g fill on ~es-
. of Somt~old has re.est.' %hat' ~e_ said ~e~ge be
the ~edging Of J~es ~eek~, To~ ~of S~old
sh~ on the accomp~ying maps ~ specifications, and
:~'~he $~rvi-so~. of the T~n of'so~thoi~ b~-resolution d~ly
a~p~e4;;~y ~e ~ Bo~d' of: sai4 ~n of So~ld ~as ~e~ a~th~ized
va~ .~Ct'e4 tO :s~ for and -on beh~tf~f ~he.iT~n~ ~f 'So~ol~ as~-
.a~ces ~ [%~e C~nty Of SmffO~k, that '.the sai4. ~n~'of S~.thold will
perform a~l a~s~e~red-to ~e ~erfo~ by:sai4 ~n in
wi~ t~e: ~:ep~-ation.;for the--~e~gimg o~ation as afores~i~
:~0~ ~ai:t necess~y~easements an4..rights of way for sai~.
of ~eas -indicate4 on ~e agtaehe~ map for .spoi~
a~eas' tog~e~h~ '-W'~th~ at~ necess~y rights inci4ental, to
~ ~ of Southold, as aforesaid, the T~ of So~old ~er~by
~ eo~ty of S~ffolk:that it
(a~ F~nish, free of cost to ~e County of Suffolk, all lan~s,
ment~ ~ight of way and spoil ~lsposal ~eas ~ecess~y for the n~ work
298:
and subsequent maintenance when and if required for the dredging operations
at James Cre~k, all as shownon the attached map, and
(b) Hold and save the County of Suffolk free from any claims or damages
resulting from said improvement or resulting in any way from the said
dredging operation or the use of equipment at t~he said James Creek, or
use of amy spoil area or any other area affected by said dredging oper-
ation. . ~
Vote of Town B~ard: Ayes~Supervisor Albertson; Councilmen Demarest and
Valentine; Justice Clark.
Recess called at 3:40 P.M. to reconvene at 5:30 P.M.
Moved by councilman Valentine; seconded by Councilman Demarest;
WHEREAS, the Town of SOUthOld wishes to lease ah Air Strip in Mattituck,
N.Y. for use by the public,
N~, THEREFORE, BE IT RESOLVED: That a public hearing will be, held on
the 2nd day of April, 1964 at 7:30 P.M. in the S~pervisor's Office,
16 South Street, Greenport, N.Y. at which time all persons interested
will be heard. ~
vote of Town Board: Ayes-Supervisor Albertson; Co~cilmen Demarest
and Valentine; Just ice clark.
Moved by Justice clark= seconded ~by Councilman Valentine;
RESOLVEB: That a public hearing will be held on. the following proposed
Local Law No. 2 of the Year 1964, at 7:3~ P.M. on .the 23rd day .of ~arch,
1964 at which time all persons interested will be~heard~.~. :
NOTICE OF P~BLIC HEARING OF, PROPOSED LOCAL. LAW ~0. 2
Public Notice is hereby given that there has been presented to the Town
BOard of the Town of Southold, New York, a Local Law relating to the
establisb~ment of. a Police Department for the Town of Southold, maid
proposed Local Law being as follows:
TOWN OF SO~THOLD
LOCAL, LAW NO. 2 -YEAR 1964
A local law relating to the establishment of a police department for
the. town of Southold. -?
Be it enacted by the town board of t~e t~wn of Southold as foliows.~
SECTION 1. There is hereby established a police department for that
portion of th9 .~own of Southold outside the incorporated village of.
Greenport. The .head of smch department shall he.the commissioner of p
police whic~ office shall be in the unclassified service of the civil
service. ~There~ s~all be in such Police department a~.commissioner~of
police and such number of lieutenants, sergeants, ~patrolmen, watchmen,
special policean_d other_ officers ud employees as shall-be determined
by the town board upon the-recommendation of~ the commission, of police.
The commissioner and policemen of such department shall be peace officers
and shall have a~! .the powers and be subject, to all. t_~e, d~t~ies
bilities .~f a constable-of the town-in all
ceedings an~ special proceedings of a criminal ~at~re.,:
ional powers, not inconsistent with law, as shall be
them by the town board. The ComPensation of.th~, members
ment!and the manner of payment thereof ~s~!! be.-fixed ~
by the town-board. ~ .
2. The-commissioners o~police ......... shall be app~inte~hy.~the
town. board and shall:.kold;,:such pos!ti, on-:at the pleasure of
board-. ~he :commissioner ~of police at ~the t.im9 of his &?P.0~$~9.n~
be a' citizen of the ~nit~d states:..and a...r_esi~ent~of:~-th~e
York f~r~ at _least_ one_~.year. ~ae c .~ ~issi. oner3 sba. l!: ba~e~ c~har.<.ge,, super-
vision and'. management of. the~ police depar:tment, an~.~ ~1~. 0~cer.s
employees thereof. He shall keep such records
co~Cer~ing the: depa ~x~cme~nt as .. may be required~by law or. b~: board.
Within the appropriation made,.thereof and when authoriz~
B~rd, the commissioner shall purchase or lease all
and equipment require~ .fora. the-:use o'f such department.
3. Except as otherwise pr~¢ided by this local law, the members
of the poli~ue department, shall be appointed '.a~d promoted from an elig-
ible ~icivil ~service list by the commissioner.of police. No per,on ..shall
be appoi~te~ a .member of ~the police department, nor continue as-a mem-
ber thereof, who shall not be a. citizen of the ~nited States, who has
been convicted of a felony, who shall be ~able to read amd write
understandably the English language or who shall not have reside~ with-
in t/~e-,state of New York one year, '.and: ~in the ~ ~mnt~ of. SuffOlk for.
six months, next preceding his appointment. Provided~-.h~wever,~-that
at the time of the organization of such police department, appoint-
ments thereto shall he made first from among constables an~/or police
officers then employe~ by the town of Southold, if such persons
possess all of the qualifications hereinbe.fore~ in' this 'section set
forth. Each member of the police department, except the commissioner
of p~lice, shall' hold office during goo~ behavior.
4. Notwithstanding any other provision o~ this local law,
the commissioner of police may appoint .temporary patrolmen from .time
to time as he may determine necessary. Such patrolmen shall be known
as "sPecial policemen" a~d shall have a~:powers ,and authority and
shall perform all the duties of a patrolman in the police department.
Such special policemen shall serve at the pleasure of the co~;%issioner
unless otherwise provided by law.
5. The commissioner of police, subject to the approval of
the town board, shall from time to time, make, adopt and enforce rules
and regulations for the government, discipline, a~ministration and
disposition of such police department and the members thereof. Any
sUch rules and regulations or any amendments thereto shall he in
written form and a copy of the same distributed to each member of the
department and posted in a conspicuous place in the headquarters of
the police department.
6. The commissioner of police shall have the power and auth-
ority to adopt and make rules and regulations for the examination,
hearing, investigation and determination of charges, made or preferred
against a~y member or.' members of suc~ police department. Except as
otherwise provided by law, no member or members of suc~ police de-
partment shall be fined, reprLmanded, removed or dismissed until
written charges shall have been examined, heard and investigated in
such manner or such procedure, practice, eaamination and investigation
as t~e commissioner, by rules and regulations from time to time, may
prescribe. Such charges shall not be brought more than sixty days after
the time when the facts upon which s~ch charges are based are known
~D~the commissioner. Any member of such police department at the time
of the hearing or trial of s~ch charges shall have the right to a
public hearing and trial and to be represented by counsel; no person
who shall have preferred such charges or any part of the same shalll
sit as judge upon such hearing or trial. Witnesses upon the trial ef
such charges shall testify thereto under oath. No member of such de-
partment who shall have been dismissed shall be reinstated unless he
shall, within ~welve moneths of his dismissal, file with the commiss-
ioner a written application for a rehearing of the charges upon which
he was dismissed. The commissioner s~ai1 have t~he power to rehear such
charges and, in his discretion, ~ay reinstate a member of the depart-
ment after he has filed such written application therefore.
Any member of such department found ~ullty upon charges,
after five days' notice and an opportunity to be heard in his defense,
of neglect or dereliction in the performance of official duty, lot of
Violation of rules or regulations or disobedience, or of incompetency
to perform official duty, or of an act of delinquency seriously affect-
ing his general character or fitness for office, may be punished by
the commissioner, by reprimand, by forfeiture and withholding of salary
or c~mpensation for a specified time not exceeding twenty days, by extra
tours or hours of duty during a specified time not exceeding twenty
days and the withh.o, lding of salary or compensation during such suspens-
iOn, or by dismissal from~cthe department, The commissioner shall have
the p~wer to suspend, without pay, pemding the ~rial of charges, any
member of such police department. If any member of such police depart=
ment so suspended shall not be convicted of the charges so preferred
he shall be entitled to full pay from the date of suspension. The
30'0
conviction of a member of- such police depar, tment by _t~e commissioner
shall be subject to review by the supreme, court in :the judicial dist-
rict in which the: town of Southold is located in .the manner provide~d
,by article 78 of the civit practice, law and rules~ .provided~ that. the
Proceeding~ is commenced within thirty days from the determination
such conviction by the commissioner. - -
~. This local law ..shall take effect immediatellt,~:-~:~x.
vote of Town 'Board:~'.Ayes-s~PerVisor Albertsoa~
and Valentine ~' Justice clark~
Letters received.by .~e Town Board:
1. From Dr. Betz regarding abandoned automobiles.
Councilma~ ,D.emarest~' ~.
2. From the Chief of the Fire Department with inspection report .on
the Highway Building at ,Peconic, L.I. This .was.turned over ZO the
superintendent of Highways for action. ~
3/ From the Chamber of. commerce regarding a pack of wild dogs. ,This
will be taken care of by the Dog.Warden.
Albert W. Richmon~
Town Clerk
Adjournment.