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HomeMy WebLinkAboutTB-06/30/1970MEETING OF JUNE 30, 1970 The Southotd Town Board met at- the office of Supervisor Albert Ma~toechi~ at Greenport, N.Y. on June 30, 1970 at 3:00 P.M~. with the following present:. Supervisor Maetocchia; Councilmen Rich and Valentine; Justices Suter and Demarest; Town Attorney Tasker; Supt. of Highways Dean and Town~iclerk Richmond. Moved by Justice Surer; seconded by Councilman Valentine; RESOLVED: That the minutes of the meeting of June 9, 1970 be and they-hereby are approved. Vote of Town Board: Ayes- Supervisor Martocchia; Councilmen Rich a~d ~Ieh- tine; JustiCes 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, Greenport, N.Y. on Tues., July 7, 1970 at 3:00 P.M.o Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Vatentih~ and Rich; Justices Demarest a~d Suter. Moved by Councilman Rich; seconded by Councilman Valentine; ' · RESOLVED: That the report of the Police Department for the month of JUne, 1970 be accepted by the Town Board and placed on file. Vote Of ~Town Board: Ayes-Supervisor Martocchia; ~ounci&m~n Val~nti~e~and Rich; Justices Demarest and Suter. Moved by Justice Suter;_seconded by Councilman Valentine; RESOLVED: That the salary of Robert Muir, manager of the~'Town Bea6he~"~and- Chief of Life Guards be raised from $650.00 per season to $750.00~ipe~ season. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; Justices Demareat and Suter. Moved bY Councilman valentine; seconded by Councilman Rich; RESOLVED: That Police chief Carl Cataldo be and he hereby is authorized to attend Police Chief Conference, Albany, New York, Oct. 3 to 8, 1970, and be IT FURTHER RESOLVED: That the actual and necessary expenses to travel, meals and lodging incurred while attending said conference be a lega't~ charge against the Town. Vote of Town Board: Ayes-supervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Councilman Rich; RESOLVED: That the salary of Chief Carl Cataldo be raised SB0~.00 from $12,500 to $13,000 beginning July 1, 1970. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine ~'d~ Rich; Justices Demarest and Suter. Mo~ by Justice Suter; seconded by Councilman Valentine; VED: That the Life Guards starting salary be $2.00 per hour. Vote of Town Board: Ayes-Supervisor Mart0cchia; Councilmen Valentine ~nd Rich; Justices Demarest and Suter. Moved by Councilman ~alentine; seconded by Justice Demarest; WHERE~, a petition was received from Abe Goldrich, 1077 East Broadway, ~ Woodmere, N.Y. requesting a change of zone of certain p~perty in southold, New York, said petition requesting a change of zone from "A'~ Residential and Agricultural District to "B" Business District, NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Tow~ Of South~l~dbe and he hereby 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 Board: Ayes- Supervisor Martocchia; C~uncilmen Valentine and Rich; Justices Demarest and Suter. Moved by Justice Suter; seconded by Justice Demarest; WHEREAS~ Mabel Miles has applied to the Town Board for a ~ngle ~railer re- newal permit dated June 9, 1970, NOW~ THEREFORE, BE IT RESOLVED: That the application of' Mabel Miles t lloeate a single trailer on her property, Private R~., Mattituck, N.Y, be and hereby is granted for a period of six months. Vote of Town. Board: Ayes- ALL Moved by Justice Suter; seconded by Councilman Valentine; WHEREAS~.John J. Klein has applied to the Town Board for a single trailer renewal permit dated June 23, 1970, ~ NOW, THEREFORE, BE IT RESOLVED: That the application of John J. Klein to · locateia,lsingle trailer on.his property~ Main Road, Mattituck, N.Y. be and hereby ~is granted for a period of six months. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich;~ Justices Demar~st and Suter. Mo~edi'~y'.~Jus'tice Demarest; seconded by Justice Suter; RESOLVED: That the SoUthold Town Board will approve a Bond of $9,000.00 as recommended .by the. Southold Town Planning Board, Supt. of Highways and Town Engineer for the completion of roads and other improvements in the subdivision known as DOWNSVIEW, Cutchogue, New York. Vote .of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine; and Rich; Justices Demarest and Suter. Moved by.~Counci%man Valentine; seconded by. Justice Demarest; WHEREASi~ Burton Potter Post ~185 American Legion, Greenport, N.Y~ applied to the Town Clerk for a Bingo License, and WHEREAS~ the Town Board has examined the application and after investigation dul~made ~findings and determinations as required by l~w, NOW~ THE·REFORE~ BE IT RESOLVED: That the Supervisor be and he hereby is authorise~.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 81erk be and he hereby is directed to issue a Bingo License to the Eurton Potter Post ~185 American Legion, Greenport, N.Y. VQte-~i~f T~wn Board: Ayes-Supervisor Martocchia; Councilmen ~alentine~and Rich; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Councilman Rich; RESOLVED: That Supervisor Albert Martocchia be and he hereby is authorized to ~ire ~ temporary Bay Constable at a sum not to exceed $600.00, he to ,use his own~boat and pay his own expenses. Vote.0~ Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich;-~us~ices Demarest and Suter. Moved by J~stice Demarest; seconded by Councilman Rich; · RESOLVED: ~hat Supervisor Albert Martocchia be and he hereby is authorized and directed to contact the New York State Traffic Commission for.a study of~and~rep)rt on improved traffic conditions in the Town of Southold. Vote of To n Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; ustices Demarest and Suter. Moved by J~stice Demarest; seconded by Councilman Rich; RESOLVED: Phat Supervisor Atbert Martocchia be and he hereby is authorized and directed to contact the County of Suffolk for a Blinker Light on the new Highwaf, North Road and Peconic Lane, Peco~ic, N.Y. Vote of Te~n Board: Ayes-Supervisor M~rtocchia; Councilmen Valentine and Rich; Iustices Demarest and Sut~r. Moved by C)uncilman Valentine; seconded by Councilman Rich; RESOLVED: ~hat Supervisor Albert Martocchia be and he hereby is authorized and directed to request one-way traffic on Tuckers Lan~, Monument corner, Seuthold,. ~.Y. Vote of To~n Board: Ayes- Supervisor Martocchia; Councilmen Valentine and Rich; ~J~stice~Demarest and Suter. Moved ~y ~Duncilman Valentine; seconded by Justice Demarest; RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,. ADOPTED JU~ 3Q 1970, AUTHORIZING THE REDEMPTION, IN PART, OF .A $1~,000 BOND ANTICIPATION NOTE FOR LAND ACQUISITION- 1969, T~ THE EXTENT OF $3,500 AND APPROPRIATING SAID Ai~OUNT.~HEREFOR. RECITAL S . ~ "T wn" n the Count . WH~REAS~ the Town of ~outhold (herein called o ), i . y of Suffolk. New York, has heretofore 'duly authorized, sold and issued its $14,000 Bond Anticipation Note ForeLand Acquisition-1969 a~d it is now de sirab~e to redeem said Note to the extent of $3,500 from a source other than 29S the prOCeeds of the bonds in anticipation of which said Note has been.-~issued; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: ~ Section 1. The $14,000 Bond Anticipation Note For ~Land Acqu-isition- 1969 ~f the Town, hereinabove referred to in the Recital of this resolution, is hereby authorized to be redeemed'~on or before July 1, 1970, to the extent of $3,500 from funds of the Town now available to said purpose, said funds being a source other than the proceeds of the bonds in anticipation of which said Note was issued, and the said amount of $3,500 is hereby appropmiated therefor. Section 2. This resolution shall take effect &mmediately. Vote~of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Justice Demarest; L ~ BOND ANTICIPATION NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK~ ADOPTED JUNE 30, 1970, AUTHORIZING THE RENEWAL, IN PART, OF THE $141,000 BOND ANTICIPATION NOTE FOR. LAND ACQUISITION-1969, BY THE ISSUANCE CFA ~NEW NOTE IN THE PRINCIPAL AMOUNT OF $10,500. - RECITAL .... WHEREAS, the Town of ~o'uthold (herein called "Town%'), in:th.e County of Suffolk, New York, has her~etoforeduly authorized,~ sold~and isSued i~ts $I$',000 Bond Anticipation-Note For Land Acquisition-&969 and has duly~- authorized the redemption of the Note to the extent of $3,500 and it'iis 'no~ necessary and desirable to provide for the renewal, in part, of sai~TN6.~' . ~by the issuance of a new Note in the principal amount of $10,500; · NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHO~D., IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. The $14,000 Bond Anticipation Note For Land Acquisition- 1969 of the Town dated July 1, 1969, maturing July 1, 1970, subject~to~rior redemption, numbered R-l, heretofore duly authorized, sold and issuedl~pursu- ant to the bond anticipation note resolution duly adopted by the owrn~Board of said Town on June 24, 1969, is hereby authorized to be renewed, in parer, by the issuance of a new Note in the principal amount of $10,500, ..s~i'd 'Note dated July 1, 1969, having been heretofore dul~ authorized to be redeemed from a source other than the proceeds of the bonds in anticipation of which said Note has been issued, to the extent of $3,500, all as hereinabov~ re~ ferred to in the Recital hereof, pursuant to the provisions of the Local Finance Law, constitutin Chapter 22-a of the Consolidated Laws of the!Stat~ of New York (herein called "Law"). The maturity of said renewal Note herein authorized shall not be later than one year from its date, and said Note may be further renewed pursuant to the provisions of the Law. ~ ~' Section 2. The terms, form and details of said renewal Note shall be as follows: ~ Amount and Title: $10,500. Bond Anticipation ~N~e .... for Land Acquisition-1970 ,Dated: July 1, 1970 -. Matures: July 1, 1971, subject to prior redemption No. 2R-1 Denomination: $10,500 Interest Rate: 4-~°~ per annum, payabte at maturity Place of payment of principal and interest: Supervisor's Office Greenport, New Yo~k - Form of Note: Snbstantially in accordance wi~h f~rm prescribed b~y Schedule B, 2 .~of the'Law. Section 3 Said Note is hereby sold to the SECURITY~ NA-T. IO~AL BAhIK,~ OF LONG ISLAND, Southold Office, Southold, New ~ork, at the price of $10,500 to bear interest at the rate of four and one-quarter per centum (4~) per annum, payable at maturity,~ and the Supervisor is hereby authorize~to~de- liver said Note to s~id purchaser- upon receipt Of the purchase p~ice, ~lus accrued interest, if any, from the date of said[~ote to the date of delivery. Section 4. Said Note shall contain '~e ~ecital of balidity pre- scribed by S 52.00 of the Law and shall be a general obligation of ~the Town,_ payable as to both principal and interest by-a ~$neral tax upon all the taxable real property within the Town, without Limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to.the punc- tual ~paymen~ of ~he princi.pal of and interest on said Note and provision s~l be made in the budget of the Town by appropriation for the ~redemption of the Note to mature in such year and for the payment of interest to be due in such year. Section 5. Said Note shall be executed in the name of the Town by its Supervisor and the corporate seal of said Town shall be affixed theret¢ and attested by its Town Clerk. Section 6. This resolution shall take effect immediately. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter. Recess was called at 4:00 P.M to resume at 7:30 P.M. Moved by Justice Suter; seconded by Councilman Rich; RESOLVED: That Albert W. Richmond, Town Clerk, be and he is authorized to hire part time help for a two week period in July. Vote of Town Board: Ayes-~upervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter. Moved by Justice Demarest; seconded by Justice Suter; RESOLVED: That the Town Board of the Town of Southold, Suffolk County, New York, adopt the following code of ethics and a board of ethics for the To~ of Southold: NOTICE' NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, Suffolk County, New York, at a regular meeting thereof, held on the 30th day of June, t970, adopted the following Ordinance: An ordinance relating to a code of ethics and a board of ethics for the Town of Southdld. Be it enacted by the Town Board of the Town of Southoid as follows: ARTICLE I INTENT OF TOWN BOARD SECTION 1. - STATEMENT OF LEGISLATIVE INTENT. The Town Board of the Town of Southold re- cognizes that t.here are state statutory provisions man- dating towns to establish ru£es and standards of ethical conduct for public officers and empIoyees, which, if served, can enhance public confidence in local govern- ment, In the light of a tendency today on the part of some people to downgrade our local governments and to discredit our public servants and our free institutions generally, it appears necessary that every effort be made to assure the highest calib.e.r of public administration of this town as part of our state's important system of Iocal government, It is the purpose of this ordinance to imple- ment this objective through the establishment of standards of conduct, to provide.for Dunishment of violation of such standards and to create a board of ethics to render advisory opinions to the town's officers.and employees as provided for herein. SECTION 2. - The standards, prohibited acts and procedures established herein are in addition to any pro- hibited acts, conflicts of interest provisions or procedures prescribed by statute of the State of New York and also in · addition to common law rules and judicial decisions relating to the conduct of town officers to the extent that the same are more severe in their application than this ~oca~ law. ARTICLE H CODE OF ETHICS SECTION I, - DEFINITIONS. As used in this ordin- once, the term "town" shall mean any board, commission, district, council or other agency, department or unit of the government of the town of Southold. The term "town employee" sha£l mean any official or empioyee of th~ town of Southold whether paid or unpaid, whether serving in a full-time, part-time or advisory capa- city. SECTION 2 ..... Rule with respect to conflicts of interest. No town employee shall have any interest, financial or other- wise, direct or indirect, or engage in any business or trans- act}on or prolesslonal activity or incur any obligation of any nature, which is ils substantial conflict with the proper discharge of his duties in the public hnterest. SECTION 3. - STANDARDS. (b) No town employee shall accept employment or engatge in any business or professional activity which will require him t6' disclose confidential information which he has gained by reason of his official position or authority. (c) No town employee shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others. (d) No town employee shall engage in any trans- action as representative or agent of the town with any business entity in which he has a direct or indirect financial interest t, hat might reasonably tend to conflic{ with 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 o{' 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 involved in decisions to be made by him or which will otherwise create substantial conflict between his duty in the public interest and his private interest. (g) Each town employee' shall endeavor to pursue a course of conduct which ..w~.'.lI not raise.suspicion among the pub- lic that he is likely to be engaged in acts that are in violation of his t rust. (h) No town'empIoyee employed on a full-time basis nor any firm or association of which such empIoyee is a member nor corporation a substantial portion of the stock of which is.owned or controlled directly or indirect, ly by such employee, shall sell go, ds or services to any person, firm, corporation or assdciation which is licensed or. whose rates are fixed by the Town in which such employee serves or is employed. SECTION 4. - VIOLATIONS - In addition to any penalty contained in any other Ikrovision of law, any such town empIoyee who shall know of this'l~l'dinance may be fined, suspended or re- moved from office or employment in the manner provided by .law. ARTICLE HI BOARD OF ETHICS SECTION 1. - There is hereby established a board ofethics consisting of three (3) members to be appointed by the town board, ali of whom reside in the town of Southold and who shall serve without compensa- tion /{nd at the pleasure of the town board of the town of Southo£d. A majority of such members shall be persons other than town empIoyees'but shall include at lease one member who is an eIected or appointed town employee of the town of Southold. recommendations to such town board as to any amendments of this ordinance. The opinions of th, e board of ethics shall be advisory and confidential and in nd event shall the identity of the town employee be discIosed except to authorized per- sons and agencies. Such opinion shall be on the advice of counsel employed by the board of ethics, or if non, 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 maintain appropriate records of its opinions and proceedings. ARTICLE IV ADMINIST RATION SECTION 1. - Upon the adoption of this ordinance, the town supervisor shall cause a copy thereof to be distributed to every town employee of this town. Failure to distribute any such copy or failure to any town employee to receive such copy shall have no effect on the duty of compliance with this code, no,-the enforcement of provisions hereof. The town supervisor shall further cause a copy of this ordinance to be kept posted consp{clU0U$ly in each public building under the jurisdiction of the town. Failure to so post this ordinance shall have no effect oD the duty of compliance herewith, nor the enforcement provi- sions hereof. SECTIQN 2. - Within thirty days of the adoption of this ordinance, the town clerk shall file a copy thereof in the office .of the state comptroller, SECTION 3. - The town board.may appropriate moneys from the generall'bwn funds for the maintenance of and for per- sonal services to the board of ethics established hereunder, but such board of ethics may not commit the expenditure of town moneys except within the appropriations provided herein. ARTICLE V SEVERABILITY CLAUSE SECTION 1. - If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judg- ment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence~ paragraph, section or part thereof directly inyolved in the controversy in which such judgment shall have been rendered. ARTICLE VI EFFECTIVE DATE SECTION 1. This ordinance shall take effect immediately.. June 30, 1970. (a) No town employee shall accept other employment which will impair his independence of judg- ment in the exercise of his official duties. SECTION 2. - The Board of Ethics established hereunder shall render advisory opinions to town employees on written request and upon request of the town board make BY ORDER OF THE SOUTHOLD TOWN BOARD. ALI~ERT W. RICHMOND,' TOWN CLKRK 1300- Moved by Justice Suter; seconded by Councilman Rich; WHEREAS, William Sinclair, manager of the Fishers Island Ferry District, has earned a two week vacation but chooses to continue working this {ime~ NOW~ THEREFORE, BE IT RESOLVED: That the Southold Town Board approves the action of the Fishers Island Ferry District in the paying of William Sinclair for the vacation time earned plus the two weeks work. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen ~alentine and Rich; Justices Demarest and Suter. Adjournment. Albert W. Richmond, Town Clerk MEETING OF JULY 7, 1970 The Southold Town Board met at the office of Supervisor Albert Mart0cchia at Greenport, New York, on July 7, 1970, at 3:00 P.M. with the following present: Supervisor Martocchia; Councilmen Rich and Valentine; Justices Suter and Demarest; Town Attorney Tasker; Supt. of Highways Dean and~To~ Clerk Richmond. Moved by Justice Suter; seconded by Councilman Valentine; RESOLVED: That the next meeting of the Town Board will be held at the office of Supervisor Martocchia, 16 South Street, Greenport, New York, on Tuesday, July 28, 1970, at 3:00 P.M. Vote of Town Boar~: Ayes-Supervisor Martocchia; Councilmen Ualentine and Rich; Justices Demarest and S~ter. Moved by Councilman Valentine; seconded by Justice Surer; RESOLVED: That the minutes of June 3, 1970 be and they hereby are approved. Vote of Town Board: Ayes-Superv~ or Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter. Moved by Justice Suter; seconded by Councilman Rich; RESOLVED: That the reports of the Supervisor, Building Inspector, Justice Surer and Town Clerk for the month of June 1970 be accepted by the Town Board and placed on file. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine Nd and Rich; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Justice Demarest; RESOLVED: That Michael Salaris, William Terry and Kenneth Tabor be and hereby are,appointed Commissioners of the Orient-East Marion Park District to serve until the Park District is officially approved and the meeting of the District for the election of Park Commissioners can be held. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter. Moved by Councilman Valentine; seconded by Councilman Rich; WHEREAS, G.T.G. Post ~8035 American Legion, Southold, N.Y. applied to the Town Clerk for a Bingo License Amendment, and WHEREAS, the 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 Amendment to the G.T.G. Post ~803, American Legion, Southold, N.Y. Vote of Town Board: Ayes-supervisor Martocchia; Justices Demarest and Suter; Councilmen Valentine and Rich. Moved by Councilman Valentine; seconded by Councilman Rich; RESOLVED: That the Town C~erk be and he hereby is directed to request the Long Island Lighting Company to place a 2500'~Lumen overhead street light with an 8 ft. arm on pole ~2 NYTCO on Christopher Street, Southold, N.Y. Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter.