HomeMy WebLinkAboutTB-06/09/1970MEETING OF JUNE 9, 1970.
The SOl'hold Town Board met at the office of Supervisor Albert M. Martocchia
on T~esday, June 9, 1970 at 8:30 P.M. with the following present: Supervisor
Martocchia; Councilman Valentine; Justices Suter and Demarest; Town Attorney
Ta~e~; $~perintendent of Highways Dean and Town Clerk Richmond.
Moved-by J~st±ce Suter; seconded by Justice Demarest;
RESOLVED~ That the minutes of the meeting of May 19, 1970 be and the~ hereby
are approved.
Vote Of TOwn Board: Ayes-Supervisor Martocchia; Councilman Valentine;
JusdiC~s~Demarest and Suter.
Moved by Councilman Valentine; seconded by Justice Suter;
RESOLVED': That the next meeting of the Town Board will be held at the office
of Supervisor Albert Martocchia, 16 South Street, G~eenpo~t, N.Y. on Tuesday,
June 30, 1'970 at 3:00 P.M.
Vote kOf~'Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justic~'D~marest and Suter.
Moved by'Councilman Valentine; seconded by Justice Suter;
RESOLVED: That a public hearing will be held by the Town Board of the Town
of 'Sd~thold, Suffolk County, New York, at the Supervisor's Office, 16 South
Street, Gresnport, New York, on the 30th day of June, 1970 at 8:00 P.M.
on ~said day in the matter of the adoption of the proposed Ordinance providin~
for a code of Ethics, a copy of which ordinance is as follows:
AF~ICLE I
INTENT OF TOWN'BOARD
SECTION I.- STATEMENT OF LEGISLATIVE INTENT. The Town Board of the
Town of S6~thold recognizes that there are state statutory provisions man-
datz~g ~owns to establish rules and standards of ethical conduct ~r public
officers and employees which, if observed, can enhance public confidence
in local government. In the light of a tendency today on the part of some
peopl~ to downgrade our local governments and to discredit our public ser-
~ts and our free institutions generally, itappears necessary that every
effort be made to assure the highest caliber of public administration of
this'town as part of our state's zmportant system of local government. It
is the purpose of this ordinance to zmplement this objective through the
establishment of standards of conduct, to provide for punishment of violatio]
of such standards and to create a board of ethics to render advisory opinion:
to the town's officers and employees as provided for herein.
SECTION 2.- The standards, prohiDited acts and procedures established
her~i~ are in addition to any prohibited acts, conflicts of interest provis-
ions or ~procedures prescribed by statute of the State of New York and also
in addi. tion to common law rules and judicial decisions relating to the con-
duet~'~-town officers to the extent that the same are more severe in their
application than this local law.
ARTICEE II
CODE OF ETHICS
'SECTION I~ DEFINITIONS. As used in this ordinance, the term "town"
shalllmean any board, commission, district, council or other agency, depart-
ment or unit of the government of the town of ~outhold.
The t~rm "town employee" shall mean any official or employee of the to~
of Southoid'whether paid or unpaid, whether serving in a full-time, part-
time or advisory capacity.
~ECTION 2. Rule with respect to conflicts of interest. No tewn employee
shatl'ha~e any interest, financial or otherwise, direct or indirect; or en-
gage in any business or transaction or professional activity or incur any
pb~igation of any nature, which is in substantial conflict with the proper
discharge of his duties in the public interest.
~ .... SECTION 3. STANDARDS.
~(a) No town employee shall accept other employment which will impair
his i~dep~nd~ence of judgment in the exercise of his official duties.
-~ (b) No town employee shall accept employment or engage in an~ business
or professional activity which will require him to disclose confidential
information which he has gained by reason of his official position or authori
(c) ~o town employee shall use or attempt to use his official portion
to secure .Unwarranted privileges or exemptzons for himself or others.
(d) No town-employee shall, enqaqe in any transaction ~s representative
or agent of the town which any business entity in which he has a direct or
indirect financial interest that might reasonably tend to conflict W~th
the proper discharge of his official duties.
(e) A town employee shall not by his conduct give reasonable basis for
the impression that any person can improperly influence.him or unduly enjoy
his favor in the performance of his official duties or that he is affected.~
by the~kinship, rank, position or influence of any party or person.
(f) Each town employee shall abstain from making personal investments~
in enterprises which he has reason to believe may be directly invo~lved in
decisions ~o be made by him or which will otherwise create substaln%i~i con-
flict ~etween his duty in the public interest and his private interest.
(g) Each town employee shall endeavor to pursue a course of conduC~e~;
~which will not raise suspicion among the public that he is like~y~ to beC~ , ~
engaged in~a~ts that ar~ in violation of his trust.
(h) No town employee employed on a full-time basis nor any firm ~n
associa~on of which such employee is a member nor ~orporation a substant-
ial portion of the stock of which is owned or controlled directlY~or in~
directly by such employee,shall sell goods or services to any p~So~m,
corporation or association which is licensed or whose rates are fixed ~y .
the ~Town in which such employee serves or is employed. ~
SECTION 4. VIOLATION - In addition to any penalty con-
tained in any other provision of law, any such town employee wh~ s~a~l
knowingly and intentionally violate any of the provisions of this~0rdinance
may be fined,~ suspended or removed from~office or employment in th.~ manner
provided by law
ARTICLE III
BOARD OF ETHICS
SECTION I. There is hereby established a board of ethics consistingog
of three (3) members to be appointed by the town board, all of whom r~side
in the to~rn of Southold and who shall serve without compensation and, a~
the pleasure of the town board of the town of Southold. A majority of such
members shall be persons other than town employees but shall include at least
one member ~ho is an elected or appointed town employee of the town of
Southold. .
SECTION 2. - The Board of Ethics established hereunder~shall render
advisory opinions.to town employee~ on written request and upon requeSt
of the town board%~make recommendations to such town board to any amendments
of this'.ordinance~ The opinions of the board of ethics shall be advisory
and confidential and in no event shall.the identity of the town employee
by disclosed except to authorized persons and agencies. Such..°pini°n~.~ shall
be on the advice of connsel employed by t~e board of ethics, or if none,~of
the town attorney. ~
SECTION 3. Such board of ethics upon its formation shall promulgate its
own rules and regulations as to its form and procedures and shall~m~nt~in
appropriate records of its opinions and proceedings~
ARTICLE IV
ADMINISTRATION
SECTION I. Upon the adoption of this ordinance, ~h~ ~ow~supe~.~or
shall cause a c6py thereof to be distributed to every town employee of~this
town. Failure to distribute any such copy or failure of any town e~ployee
to receive such~copy shall have no effect on the duty of Complian6e~w~th
this code, ~nor the enforcement of provisions hereof. The Town Supervisor shall
further cause a copy of this ordinance to be kept posted conspicuouslY in
each public b~ilding under the jurisdiction of the town. Failure to~so post
this ordinance shall have no effect on the duty of compliance herewith, nor
the enforcement provisions hereof.
SECTION 2. Within thirty days of the adoption of this ordinance.~he~ .
town clerk shall file a copy thereof in the office of the sta~e'.C~p~l'er.
SECTION 3. The Town. board may appropriate moneys from the general town
funds for the maintenance of and for personal services to the board.~gf
ethics established hereunder, but such board of ethics may not c~mm~ ~the
expenditure of town moneys except within the appropriations Pr0vided~herein'
ARTICLE V
SEVERABILITY CLAUSE
SECTION I. If any clause, sentence, paragraph; section or part of this
ordinance shall be adjudged by any court of competent juris~ction to be
invalid, such judgment shall not affect, impair or invalidate ~ remainder
thereof, but shall be confined in its operation to the clause, sentence,
pa~ragraph, ~section or part thereof directly involved in the controversy
in which such ~judgmentshall have been rendered.
ARTICLE VI
EFFECTIVE DATE
SECTION I. This Ordinance shall take effect immediately.
vote~-of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justices Suter and Demarest.
Moved. by'Justice Suter; seconded by Councilman Valentine;
RESOLVED: That Richard Bassford, Mattituck, New York, be hired Der a
part-time Bay Constable to patrol town waters at a salary of $600.00
per season,~ he to furnish his own boat and to serve at the pleasure of
the Town Board.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
JustiCes Demarest and Suter. ~
Moved bY Councilman Valentine; seconded by C~s~m~Rmarest; ~
WHEREAS~ Dr. Zitek has found it necessary tQ raise the charges on dog care
as follows: ~Board of dogs, from $2.00 to~$2.50,for Small,dogs,
3.00 for large dogs
~ Euthanasia and Cremation $10~00
Cremation-S5.00 and $7.00 according to size of dog~
RESOLVED: That Dr. Zitek be and hereby is requested to continue serving
the ToWn as our Dog Pound.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justices Demarest and Suter.
MoVed, by Justice Suter; seconded by Councilman ValRntine;
RESOLVED: That Supervisor Martocchia be and he hereby is authorized to½
furnis~-~Leander Glover, Jr., Fire Coordinator, appointed by the County,
with3the necessary equipment for the office.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Justice Demarest;
RESOLVED: That Justice Suter be and he ~reby is a~thorized to have House
Numbering Books reduced in size and printed for the Town, the sum not to
exceed $900.00.
Vote of Town Bpard: Ayes-Supervisor Martocchia; Councilman Valentine;
JUstices Demarest and Suter.
Moved by Justice~Demarest; seconded by Justice Suter;
WHEREAS, North Ferk Bank and Trust Company holds in safekeeping with
Manufacturer's t~anover Trust Co. of New York City, pledged to secure
funds of the Supervisor, Town of Southold, $200,000.00 Treasurty Notes,
5% maturing Nove~er 15, 1970, and
WHEREAS, tke North Fork Bank & Trust Co. proposes to swap this issue for
lik~ a~ount of U.S. Treasury Notes 8 1/8%. due August 15, 1973 which will
pledge t~'.secure funds of the Supervisor, Town of Southold,
RESOLVED: That the Town Board approves said action by the North Ferk
Bank and Trust COmpany.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justic~es Demarest and Suter. , ~
Moved by Councilman Valentine; seconded~,by Justice Demarest;
P~SOLVED: That the Town Board 'accept the Bond of $65;00 as recommended
by the Southold Planning Board for roads and improvements in the S~dbiv-
ision know~ as LAUREL COUNTRY ESTATES,INC. north side Peconic Bay Blvd.,
Laurel, N.Y. said ~Bond approved by Highway superintendent and Town Engineer
Vote of Town Board: Ayes-Supervisor Martocchia; ~ouncilmaanVal~entine;
Justices Demarest and Suter.
Moved by Justice Demarest; seconded by Councilman Valentine;
RESOLVED: That the reports of the Building Inspector, Police, SupervisQr,
Justice Suter and Town Clerk Richmond for the month of May 1970 be
accepted by the Town Board and p'laced on file.
Vote of Town Board: Ayes,Supervi~'or Martocchia; Councilman Valentine;
Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Justice Suter;
WHEREAS, Oscar Goldin applied to the Town Bc~rd for a single trailer
renewal permit dated
NOW, THEREFORE, BE IT RESOLVED: That the application of Oscar Goldin
to locate a single trailer on his property~ Linnet Street, Greenpo~,
New York, be and hereby is granted for a period of six months.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justices Demarest and Suter ....
Moved by Justice Demarest; seconded by Justice Surer;
WHEREAS~ the Southold American Legion GTG Post ~803, applied to the
Town Clerk 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,
NOW, THEREFORE~ BE IT RESOLVED: That the Supervisor be and hs hereby
is authorize~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 Southold American Legion G.T.G. Post ~803~ ~Sou~hold.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justices Demarest and Suter.
Moved by Justice Demarest; seconded by Councilman Valentine;
RESOLVED: That John Droskoski, Orient, N.Y. be and he hereby isappQ~nted
a Temporary Patrolman, Town of Southold, for 90 days to. serve at. the~
pleasure of the Town Board; unless otherwise pr. ovided for, and be.i~futther
RESOLVED: That the compensation for this position be fixed at $6890~.~00
peryear payable bi-weekly, said~appointment to be effective as of 6/20/70.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justices Demarest and Suter.
Moved by Justice Demarest; seconded by Councilman Valentine; ~?.'~ -
RESOLVED: That~Ke~neth Watson, Greenport, New York, be and he
is appointed a Temporary Patrolman, Town of Southold, for 90 days,
serv~ at the pleasure of the Town Board-unless otherwise provided ~or; and
BE IT FURTHER RESOLVED: That the compensation~for the position be fixed
at $6890.00 p~r year payable bi-weekly, said appointment to be effective
as of June 20, 1970.
Vote of Town Board: Ayes-Superv~sor~ ~artocchia; Councilman Valentine;
Justices Demarest and Suter. ~
Mo~ed by Justice Demarest; seconded by Councilman Valentine;
WHEREAS, Southold Town Planning Board has prepared an official ~epert
and recommendation and the County Planning Board has been notified and
has no objection to the application of William Pollert and Adrian~V~nPiper
for a change of zone from "A" Residential and Agricultural ~istr~ict
"M" Multiple Residence District on Parcel 1 and from "B" Business~
District to "M" Multiple Residence District on Parcel 2,
NOW, THEREFORE, BE IT RESOLVED: That a public hearing will be he~d_by ~
Southold Town Board at the Supervisor's Office, 16 South Street, Gree~port,
N.Y. on June 30, 197.0 at 7:3.0 P.M. on the above mentioned petition and
that the Town Clerk be and he hereby is authorized and directed to,'eause
notice of said hearing to be published in the L.I. Traveler-Mattituck
Watchman pursuant to the requirements of law.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justices Demarest and Suter.
295
Moved by Justice Demarest; seconded by Councilman Valentine;
WHEREAS~ a petition was received from Gus Schad, New York, requesting a
change of zone of certain property described in said petition ~zo~ollows:
Parcel A - From "A" Residential and Agricultural District to "M" Multiple
Residence District
Parcel B -~From "A" Residential and Agricultural District to "B-i" Business
District
Parcel C - From "A, Res. & Agric, District to "B-2" Business District
Parcel .D - From "A" Res. & Agric. District to "B-2" Business District
NOW, T~EREFoRE, BE IT RESOLVED: That the Town Clerk of the Town of Southold
be a~d he-here~Y is directed to transmit this application to the Planning
Board in accordance with Section 901, Subdivision C of Article IX of the
Building Zone Ordinance of the Town of Southold.
Vote of Town Bo'ard: Ayes-Supervisor Martocchia; Councilm~n Valentine;
Jus~ic~ Demares~ and Suter..
Moved by C0~Ciiman Valentine; seconded by Justice Demarest;
RESOLVED: .That Supervisor Albert Martocchia be and~he hereby is authorized
to hire Parking Beach Attendants for our Town Beaches.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilman Valentine;
Justices Demarest. and Suter.
Moved by Justice Suter; seconded by Justice Demarest;
RESOLVE~: That General Bills in the amount of $17,721.68; Lighting District
Bills in the amount of $4,232.72; Highway Bills in the amount of $14,620.72
and Fishers Island Ferry District Bills in the amount of $13,618-,23 be
and they h~reby are ordered paid.
Vote of Town Board: Ayes-Supervisor M~rtocchia; Councilman Valentine;
Justices Demarest and Suter.
The following people appeared before the Board:
John Rapp spoke on the traffic on Youngs Avenue
Mrs. Rosenberg spoke about speed on Oaklawn Avenue and the traffic problem
at Bohack's in both Southold and Mattituck.
Mr. Tenapre mentionsd that the barricade at Nassau Point had been Droken.
Mr. Waymie thanked the Board for holdinq a night meeting.
Mrs. Rosenberg presented the Board members with a copy of League of Women
Voters Proposed Development Plan.
Ted Charnoux of Bay View Avenue, Mattituck, thanked the Board for the
barricade ~aced at the end ~f that street.
The Cutchogue-New Suffolk Park Commissioners discussed the parking lot at
New Suffolk.
A petition was received from the Horton Point area requesting NO TRESPASSING
signs and'patrol of the Horton Point area.
A petition of 551 names was received for more Launching Ramps in the Town
from the people in the Peconic Area.
Moved by Councilman Valentine; seconded by Justice Demarest;
RESOLVED: That the Town Clerk be and he hereby is directed to request the
L.I.L. Company to install the following lights:
Vote of Town Board: Ayes-
Adjournment~ A~bert W. Richmond,~ Town ClerR