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HomeMy WebLinkAboutTB-04/11/1972SOUTHOLD TOWN BOARD MINUTES Meeting of April 11, 1972 The Southold Town Board met at the office of Supervisor Albert Martocchia, 16 South Street, Greenport, New York, at 3:00 P.M., Tuesday, April 11, 1972, with the following present: Supervisor Albert M. Martocchia, Councilman James H. Rich, Jr., Councilman James F. Homan, Justice Martin Suter, Justice Louis M. Demarest, Town Attorney Robert W. Tasker~ Town Highway Superintendent Raymond C. Dean, and Town Clerk Albert W. Richmond. Absetn: Justice E. Perry Edwards. Moved by Nustice Suter, seconded by Councilman Homan, it was RESOLVED, that the minutes of March 28, 1972 be and they hereby are approved. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter~ Justice Demarest. Moved by Councilman Rich, seconded by Justice Suter, it was RESOLVED, that the next meeting of the Town Board will be held at the Supervisor's Office, 16 South Street, Greenport, New York, on April 25, 1972 at 3:00 P.M. Vote of the Town Board: Ayes: Supervisor Marto~chia, Conncilman Rich, Councilman Homart, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Justice Demarest, it was RESOLVED, that the reports of the Supervisor, Police, Justice Suter, Building Inspector, Fishers Island Ferry District, and Town Clerk for the month of March 1972 be accepted by the Town Board and placed on file. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Councilman Rich, WHEREAS, Boatman's Harbor Inc., Fleets Neck, Cutchogue, New York applied to the Town Board for financial assistance in dredging the entrance of Wickham Creek, NOW, THEREFORE, BE IT RESOLVED, that Supervisor Martocchia be and he hereby is authorized to contribute half of the total cost up to but not exceeding the sum of $475.00 toward the cost of dredging the entrance of Wickham ~reek, and only if the County dredge cannot dredge it before the summer season. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, ~/~EREAS, the Town of Southold has requested the County of Suffolk t%d dredge a navigation channel in Deep Hole Creek, Town of Southold, and WHEREAS, the County of Suffolk proposes to do said dredging ~ Deep Hole 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, spoil area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and all other documents that may be required to accompliRh said dredging work. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter,.seconded by Councilman Homan, WHEREAS, the Town of Southold has requested the county of Suffolk to dredge a navigation channel in Brushes Creek, Town of Southold, and WHEREAS, the County of Suffolk proposes to do said dredging of Brushes 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, nowtherefore 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, spoil area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal amd State Agencies and all other documents that may be required to accomplish said dredging work. 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, the Southold Town Board wishes to go on record favoring the~following: Memorandum of Understanding Among Middle Atlantic Natural Science Council, Inc., Greenport Aquaseum: Suffolk County, Town of Southold, Village of Greenport, the Suffolk Community Development Corporation, and the New Yo~k State Urban Development Corporation. This Memorandum of Understanding among t~e Middle Atlantic Natural Science Council, Ind., Greenport Aquaseum (Council), Suffolk County (County), the Town of Southold (Town), the Village of G~eenpOrt. (Village), the SUffoLk CommunityDevelopment Corporation (S~C,'D2C.), .and.-the~New-York State Urban Development Corporation (UDC), expresses the'-intentions'of the parties, s~bject tocapplieable legal requirements, to cooperate in the development of ~he Greenport Aquaseum in the Village of Greenport, Town of Southold~ - It is ~the understanding:the intent of the.parties that: 1. .Establishment of !Feasibility. A. Physical'feasibility will be studied relative.to site'or sites under consideration for the prop'osed Greenport Aquaseum. These '-studies'will include a. detailed study of the surrounding land :uses, t~affic circulation, parking re quirements, soil'.analysis, erosion control, real estate analysis and.scope.of:a potential building program in relation to sites under consideration. This portion of the study will also include the'extent of~a~demolition program and or relocation, if required in the-implementation.~of the program. B. Economic a~d Architectural Feasility..~ ~: ~ Economic~and ~rchitectural feasility:will concerncit self with the utilization of the proposed Aquaseum, analysis of the users, their space needS'and special design.requirements. Also under ~cOnsideration during this part.of.the study will be the~investiga- tion of the general orientation of the operational program of. the aquaseum, i.e~, its thrust into areas~of education, ~tourism, ocean related.research and direct:~commercial use~ -In addition, evalua- tionoof the number of jobs-created, salaries and skill.levels -requi~ed and preparation of a three-year operational~budget will be determined.; ' ' . . ~ ....... '~ . C. With completion of A and B, above, fiscal projection.w~l~ be developed e~compassing the cost of-.the program.financing methods -and:commit~ents.~required.of~the County; the ~ouncil, the Town, the Vil~age,'S.C~D.C..and~UDC. : 2. Program Implementation. After first ~ase decisions:are made,-S.C.D~C, and UDC, in ~cooperation with.the parties~to-.this agreement, .will retain 'a~chitectural'cons~ttants to:prepare a special utilization ; p~©gram and architectural schematic plans based on first phase ~esultsi:- Within 45 days of the.submission of the-~schematic plans to the Council, C~unty,: Town, and Village:by S.C..D.C. and UDC, the parties to this agreement will enter into a lease p~rchase agreement with respect to the Aquaseum and related failities to be developed jointly by S.C.D.C. and UDC for the parties to this a~reement pursuant to this Memorandum. The Aquaseum's annual lease payments to S.C.D.C. UDC for the above f~eilities will be based upon financing expenses of carrying out and amortizing the total development costs to be incurred by S.C.D.C. and UDC in the construction of said facilities. Simultaneously with the preparation of schematic plans~ and execution of the lease purchase agreement, S.C.D.C. and~uDc will proceed with the real estate acquisition phase pursuant to agreements and decisions developed during the first phase of the program~ 3. Local Sharing. The parties to this Memorandum understand that it is the policy of the UDC to require local contribution to the cost of any project undertaken by it. It is agreed to ~y the parties to this agreement that firs't phase costs and expenses in the determination of feasibility will be i~corporated within the total financing of this program and will be advanced by UDC and S.C.D.C. Should the parties to this agreement a~d S.C.D.C. and UDC fail to ~nter into a lease purchase agreement with respect to the Aquaseum, the County agrees to reimburse UDC for fifty percent (50%) of the actual cost that UDC incurs in the preparation of this study, as ~escribed in Paragraph 1.~ Total costs relative to Paragraph 1. is estimated to be forty-thousand dollars ($40,000.00). Financing and Development S~C.D.C. and UDC accept responsibility for the development and financing of the activities described and conte~p%ate~ herein except as otherwise indicated. These activities may be carried out by UDC, S.C.D.C., a UDC subsidiary or successor or assignee. ~-~ 5. UDC Powers Within the framework of the objectives described in this Memorandum respecting the development of a project by UDC, the parties to the Memorandum recognize the broad powers of UDC and the alternatives:~available to it under the New York State Urban Development Act, and anticipate their use, as may be required, to achieve maximum speed and minimum cost in accomplishing the implementation of the program described herein. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Councilman Homan, WHEREAS, the Southold Town Planning Board has prepared an official report and recommendation ~ the application of W. Gordon and Lucy J. Ahman, Fishers Island, New York, for a change of zone-from "A" Residential and Agricultural District to "C-l" General INdustrial District, NOW, THEREFORE, BE IT RESOLVED~ that a public hearing will be held by the Southold Town Board at the Fishers Island Fire House, Fishers Island, New York, on Wednesday, May 10, 1972 at 1:00 P.M. on the abovementioned petition, and thatthe Town Clerk be and ~h~hereby is authorized and directed to cause notice of said heaven g to be published in the Long Island Traveler-Mattituck Watchman, and the ~ew London Day, Pursuant to the requirements of law. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Jus~ice~Demarest. Moved by Justice Demarest, seconded.by Justice Suter; WHEREAS, the Southold Town Planning Board has prepared an official report andr~ommendation,' the Suffolk C~n~ty Planning Board has made their determination on the application of Halsey A. Staples for a change of zone in the Greenport area from "A" Residential and Agricultural District to "B-l" Genial Business District, NOW, THEREFORE, BE IT RESOLVED, that a public hearing will be held by the Southold Town Board at!the Supervisor's 0ffice, 16 South Street, Greenport, New York, on Tuesday, May 9, 1972 at 7:30 P.M. on the abovementioned petition and that the Town Clerk be and he hereby is authorized and directed to cause notice of said hearing to be ~ublished in the Long Island Traveler-Mattituck Watchman pursuant to the requirements of law. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Justice Demarest, WHEREAS, the Southold Town Planning Board has prepared an official report and recommendation on the application of George Ahlers, Cutchogue, New York, for a change of zone from "A" Residential and Agricultural District and "C" Light Industrial District to "M-i" General Mutliple Residence District in Southold, New York, NOW, THEREFORE, BE IT RESOLVED, that a public hearing will be held by the Southold Town Board at the Supervisor's Office, 16 South Street, Greenport, New York, on Tuesday, May 9, 1972 at 8:00 P.M. on the abovementioned petition and that the Town Clerk be and he hereby is authorized and directed to cause notice of said hearing to be published in the Long Island Traveler-Mattituck Watchman pursuant to the requirements of law. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, secondedbby Justice Suter, it was RESOLVED, that the position of Clerk-Typist in the Building Depart~ ment be abolished and the p®sition bo be filled in that office be that of a Stenographer classification. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Homan, WHEREAS, therterm offoffice of Robert W. Gillisple, Jr., East Marion, New York, as a member of the Board of Appeals of the Town of Southold expires on April 19~=1972, and WHEREAS, in the past, as a member of the Board of Appeals, Robert W. Gillispie, Jr. has rendered the Town of Southold a most valuable service, NOW, THEREFORE, BE IT RESOLVED, that Robert W. Gillisple, Jr., be and he hereby is appointed as a member of the Southcld Town Board of Appeals for a term of five (5) years commencing April 19, 1972 and ending April 19, 1977. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Rich, W~EREAS, that term of office of Alfred Grebe, Fishers Island, New York as a member of the Planning Board of the Town of Southold expires on April 20, 1972, and W~EREAS, in the past as a member of the Planning Board Alfred Grebe has rendered the Town of Southold a most valuable service, NOW, THEREFORE, BE IT RESOLVED, that Alfred Grebe be and he hereby is appointed as a member of the Southold Town Planning Board for a term of (5) years, commencing April 30, 1972 and ending April 30, 1977.· Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Councilman Rich, it was RESOLVED, that the Commission of Public Works of the Town of Southo~d, be authorized to advertise for bids and to purchase from the lowest responsible bidder, the following item: One-(l) New 23.5 x 25 (16-p~ rock super steel guard ti~e. Vote 6f the Town Board:, Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, ,Justice Suter, Justice Demarest. Moved by Justice Demarest,~ seconded by Justice Surer, it was RESOLVED, that a recess be called at 3:40 P,M., to reconvene at ~:00 P.M. Vote of the Town Board: Ayes.: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Meeting reconvened at 5:00 P.M. .. Moved by Justice Suter, seconded by Councilman.Homan, WHEREAS in an emergency situation on April 8, 1972 at the Southold American Legion Hall, Radio Operator-Walter ~Bondarchuk, Sergeant Stanley D~sk~ki and Patrolman Theodore Bo~ina of the Southold Town Police Department all did a fine 'job in.responding and handling all of the details occurring in this 'emergency, now therefore be it RE-SOLVED, that Walter Bondarchu~, Stanley-Droskoski and ~heodore Bokina be commended for their efficiency and experience in handling this matter. ' Vote:of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, ~Councitman Homan, Justice Suter, Justice Demarest. Moved by Ceuncilman Homart, seconded by ~ustice Surer, it was RESOLVED, ,that General :bills in the amount of $17,531.75, Bpecial Districts bills in the amount of $4,614.49, Fishers Island Ferry District bills in the amount of $12,807.14, and Highway bills ~n the amount of $10,862.03 be and the same are hereby ordered paid. Vote of .the Town Board: Ayes:-Supervisor Marto¢chia, Councilman Rich, Councilman Homan, Just-ice~Sut~er~ ~Jus,tice Demarest. Moved by, Justice Suter, seconded by Councilman Rich, WHEREAS, Betty~Ann Neville has .requested a two year leave-of absence from ~ posigi~a in the Building. Department, NOW, THEREFORE, BE IT RESOLVED, that Betty Ann Neville be and hereby is .~anted a leave of absence n~ot go exceed, two (2) years without pay by reason of pregnancy. Such employee, upon the expiration of such ~e~ed of leave of absence, shall be restored to the same or compar~able position of employment ~f the same is available. Vote of the Town Board: Ayes:, S~pervisor..Martocchia, Councilman Rich~-C~ouncitman.'Homan, Justice Surer, .Justice~Demarest. Mou~d~by ,Justice Demarest, seconded,-by C~ouncilman Rich,-it was RESOLVED, %ha,~ ~argaret-~aley, Greenport, New York, be_and-~she hereby is appointed School Cro,ssing-Gua-rd, Town of,So~thold, effective March~28,--1972, at the daily wage of $12.85 per day ~or each day worked, and to,serve at the pleasure of the Town Board. Vote of the ~own Board: Ayes: Supervisor Martocchia, ~Councilman Rich~ Councilman Homa~n, Justice-,Suter~ Justice Dema,rest. Moved by Justice Suter, secended by Councilman Homan, it was RESOLVED, tha.t a-recess-be called at 6:,25 P,M. Vote of the Town Board: Ayes: ~SupervisorMartocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice-Demarest. Meeting reconvened at 9:45~P.M. Moved by Justice Demarest~-.seco~ded-by=,Councilman~-Rich, it was RESOLVED,-that Supervisor Albert.Martocchia be and he hereby is authorized to .sign agreement ~t~een .Thompson Signal Devices, Inc. and Tewn ef Seu~hold:to~wit,: THIS AGREEMENT made this 8th day of Mardh,-1972~betwe~n Thompson gigngl Devices Inc., a'dOmestic corpora~io~ haging its'Offide at Watersedge 'Road, Southampton; New York, hereinafter c~lled "Thompson" and the Town of Southold, a municipal corporation of the State of New York having its office at 16 South Street, 'Greenpor{', Suffolk County, New York, hereinafter called'the "Town .... L ~EREAS, Thompson zs engaged in the business of the installation, maintenance and operation ~of ~larm systems and equipment-in residential, business and induatrial premises in the Town of Southold and in connectimn therewith desires to install an alarm control center ~n the police headquarters building'of~ the Town Of Sout~old at Peconic, New York for the purpose of monitoring alarms of burglar systems installed and Operated by Thompson as well as any and'all b~rgla'r alarm'systems which 'may be installed ~y 'other pers0n~'-~0r forms in the Town of Southold, and WHERE~S, the Town Believes that it is i~ thee pu~lic'inte'r'est that a central alarm control center be ins~lled in the 'commUnications center of the Southold Town Police Department and monitored by the personne% of the Southold TOwn Police Departme'nt, sUbject f0 terms and conditions hereinafter set'forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Town does hereby give permzsszon to ThOmpson'to furnish, install and m~int~in in t~e .~ommunica~ions cont'rol'center of th-e~ Town police headquarters building at Peconic, New York, a forty- eight zone remote~enu'ncia{or together with all necessary control eqUipment at the Sol~ cost and expense of Thompson Subjeot to the terms and co~ditiOhs hereinafter Jet forth. 2. Thompson do~s ~ereby agree as follows: (a) -TO furbish, install and maintain a model ~%2-548 Design Control, IJc., forty-eight zo~e r~mote enundiator inclUding-any and all equipment for~the p~oper opera~ion thereof. : (b) When authorized by the Town Police Chief, to connect and/or disconnect all burgular alarm systems installed ~y Thompson or others. Notwithstanding the foregoing, with respect to-any alarm system not owned by Thompson, Thompson shall only be re 'sponsible for the Work required ~to connect such ~system from hhe telephone control p~nel with the poliee building basement ~o'the communications console. (C)' To make all repairs to such equipment within twelve hours of notifidation~by the ToWn. ' (d) To connect or disconnect any alarm system within fort~- eight'hours of n0tification'by~the ToWn. (e) To charge a fee of'not more than $~5.00 for the 'Connection of any burglar alarm system in the town alarm control center nor a monthly service fee of more than $5~00 to any person or'firm whose alarm'system is connected to said alarm control cen~er without~prior written approval of'the Southold Town Board. ' (f) To hold th~ Town of Southold free and'harmless of and from any claims which may be asserted by others by reason of any~acts or omissions of Thompson ~n its performance of thig agreement~ 3. It is agreed by and b~tweenh~e parties hereto that the Tow~ will not permit any other persons or firms to connect alarm systems into its communication eenter under terms and conditions more favorable than those imposed upon Thompson for the connection of its~larm systems into the Town's Communication center. 4. Upon the'expiration of the term 0f~this ~greement or any extensions or renewals thereof, it is agreed by the parties hereto that equipment installed by Thompson.,shalt remain in police head- quarters.building for a term of sixty days after such termination. It i~ further agreedby the parties hereto'that if Thompson at any time dls~0ntinues'its present'.business operations in the Town ~f~ $o~th6id orgoes out of'bus,ness'that the Town shall~have the option to purchase the equipment installed by Thompson at the price of $4680.00 less depreciation at the rate of 10% per year. The Town shall exercise such option by giving written notice thereof to Thompson within 60 days of r~ceiving, iwritten notice from Thompson that it has discontinued its business operations in the Town or that it is going out of business, as the case may be, whereupon such purchase shall be consummated within thirty days of the giving of such notice. 5. It is agreed by and between the parties hereto that the Town assumes no responsibility or liability for the operation of such system and Thompson does hereby release and discharge the Town of and from any and all claims, demands and causes of action for damages with respect to any act and/or omission of the Town or its agents and employees in the operation of any alarm system installed at the Southold Town Police headquarters. 6. This agreement shall take effect on the 8th day of March, 1972, and shall terminate on the 7th day of March, 1975. Notwith- standing the foregoing provisions of this paragraph, the term of this agreement shall be automatically ~xtended for successive one year terms, upon the same terms and conditions as herein provided, unless either party hereto gives written notice to the other party not less than sixty days prior to the expiration of the then existing term that the term of this agreement shall not be so extended. 7. Thompson shall not assign this agreement or any of the provisions hereof to any other person or firm without prior written ~onsent of the Town, which consent shall not unreasonably be withheld. Vote 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 a public hearing will be held by the Town Board at the Supervisor's Office, 16 South Street, Greenport, ~ewn of Southold, ~folk County, New York on the 9th day of May, 1972 at 3:30 o'clock P.M~in the matter of the'amendment of the Southold Town ordinance entitled "Ordinance Regulating the use of Parking Areas at Southold Town Beaches" as follows, to wit: I. By amending Section II by adding a new subdivision to be subdivision (c) to read as follows: (c) For the purpose of this Ordinance, a trailer shall be deemed a separate vehicle. II. By a~ending the las~ unnumbered paragraph Of subsection (b) of Subdivision (A), Section III, ,to read as follows: Resident parking permi%s for motor vehi'ctes shall be permanently affixed to the~ righ~ side of the front bumper of such vehicle and resident-parking permits for trailer vehicles shall be permanently affixe~ to the right side of the draw~bar or tongue of such trailer. III. By amending the first sentence of Section III, subdivision (A), subsection (4)~ to read as follows: One day non-resident parking permits may be issued~for the parking of vehicles in the parking areas at "South01d Town Beach", '~orman E. Klipp Marine Park" and "New Suffolk Beach" to a~y person by the attendant .on duty at such parking areas.. ~IV. By repealing Section IV and renumbering Sections V to IX inclusive to IV to VIII inclusive. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Counc£1man ~oman, Justice Suter, Justice Demarest. Adjournment at 10:25 P.M. ~Albert W.~ Richmond Town Clerk