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TB-06/27/1967
396 hMEE~NG OF JUNE 27, 1967 The Southold Town Board met at the office of the Supervieor, Lester M. Atbertson, 16 Sout~ Street, Greenport, New York, .on June 27, 1967..The meeting was called to order at 3:00 P.M. with the following present: Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthilt and Clark; Town Attorney Tasker and Supt..of Highways Price and Town. Clerk Richmond. Moved by Councilman. Valentine; seconded by Justice Clark; RESOLVED,: That. the minutes of June 9, 1967 be and they hereby, are approved. Vote of Town Board: Ayes-Supervi~r Albe~tson; Councilmen Demarest and Valentine.; JustiCes Tuthill and Clark. . MoVed by Councilman Valentine~ seconded-by Justice Clark;- ~ RESOLVED: That the next meeting of the Southold Town Board will be held at the office of the'~Supervisor, Lester M. Albertson, 16 South ~treet~ Greenpor~; New. York, on Tuesday, July 11,.1967 at 3:00 P.M~ Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark ..... ~ ~ Moved by Counciln~n'Demarest; seconded by Councilman Valentine~ RESOLVED: That Richard Osmer and Joseph Sullivan be and they hereby are appointed Special Seasonable School Crossing Guards of the Town of Southold to serve at the pleasure of the Town Board, unless otherwise provided for., and be it further RESOLVED: That the compensation be fixed at $3.00 per day for each day worked. Vo~e of Town Board: Ayes-Supervisor Alber.tson; Councilmen_Demarest and Valentine; Justices Tuthil~ and Clark. Moved.by Justice Tuthi~l; seconded by Justice Clark; RESOLVED: That the Town Clerk be and he hereby is requested to contact the State Traffic Commission and request a 35 mile per hour speed limit on Factory Avenue, Mattituck~ New York~ Vote o~ Town Board: Ayes-Supervisor~Albertson; Councitmen'Demarest and Valentine; Justices Tuthill and Clark. ' Moved by Justice Tuthill; seconded by Justice Clark; RESOLVED: That the Supervisor, Lester M. Albertson, be and he h~reby ~s authorized to hire Robert Muir as Supervising .Lifeg~.ard ~or .the~ TowD~ of Southeld at a salary~of $650.00 for the season of 1967. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest~ and Valentine; Justices Tuthitl and Clark. Moved by Justice Tuthill; seconded by Councilman Demarest; WHEREAS~ Edward Nidds by petition verified the 29th day of April, 1967, petitioned the Town Board for a ~hange of zone of certain real property in said petition from "A" Residential and Agriculural District to "B" Business District, and WHEREAS~ the said petition was referred to the Planning Board for its official recommendation and report, and W~EREAS, the Planning Board has filed its official report with the town Board, and WHEREAS, the Planning Board pursuant to due notice thereof, held a hear- ing thereon on the 9th day of June, 1967, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE~ BE IT RESOLVED: That the relief demanded in said petiti~ of Edward Nidds be and the same is in all respects DENIED. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Councilman Valentine; seconded by Councilman Demarest; WHEREAS~ Albert and Veronica Frohne by petition verified the 24th day of March, 1967, petitioned the Town Board for a change of zone of certain real property-described in said petition from "A" Residential and Agric- ultural District to "B-2" Business District, and '397 WHEREAS~ the said petition was referred to the Planning Board for its offieial~recommendation and report, and ..... ~ WHEREAS~ the Planning Board has filed its official report with the'Town Board,~an.d ......... ~ WHEREAS~~ the' Town Board, purSuant to due n~tide~there0f, held a hearing thereon on-~the 9th day Of June, '1967, at'which time ail'interested persons were given an opportunity to be heard, NOW, THEREFORE~ BE IT RESOLVED: That the relief demanded in said petition of Albert and Veronica Frohne be and the same is ain all respects DENIED. Vote of Town Board:.'Ayes-Supervisor Albertson~ CounCilmen'Demarest and Valentine;" Justices Tu~hill~'a~d Clark. J .... ' Moved by Councilman Valentine; seconded ~by Ju~stice~Clar~; RESOLVED: That the Town Clerk of the Town~ of oUthold 'be and~ he 'her~eby is directed to 'request the Long Island Lighting ~o~pany 'to install the following street lights: 100 cp street li~ht~LII=C0 pole ~22north side-Fannin~ Rd j, New'SUffolk 100 cp .... LILCO pole ~4- ' ........... 175 MVOH light -LILCO pole ~518S-Town Beach -Southold 175 ..... NYTCO pole ~22-Kenneys Rd & Wesl'and'Rd., Southold 175 ....... NYTCO pole ~84-Sound View AveJ &~'Birch .Rdl " 175 ......... NYTCO pole ~89-Sound View Avel & tticRory Rd. Southold 175 .... LILCO pole ~105-Sound View Ave. & Horton Lane, ~ "~ 175 " '" pole ~24-Sound View'Ave. & Kenneys Rd., 100 cp NYTCO pole ~13-Kenneys Rd., East szde, Sout~old Vote ~of own~ Board: Ayes~Supervzsor Albertson; Councilmen DemareSt and Vale~t±ne; Justices Tuthill and Clark. Moved b~' Justice Tuthill; seconded by Councilman Valentine?- ~ ~ "~ RESOLVED: That the Southold Town Board accept a Bond of $13;0~)0 as recommended by the S~uthold Town Plannfng Board~ ~or :the completion of roads and other improvements in the subdivision to'~be'kndwn-as BIRCH HILLS in Cutchogue, New York, Town of Southold, Suffolk owned and develope by Birch Properties, Inc'~ Coun-c ~ imen' Demare s t- V~t~~ ~ervisor Albertson; ~ ~ ~" '~ and~ valeh~e; 'JUstices Tuthill and Clark; · - ~oved'by'-jus~i~ ~Cla~k; seconded by Councilman'Demarestp - ~pervisor be and-he hereby is a~uth-~rized to employ ~ pe~'sOh f0r~ the summer~'-recreation program for the-T~w~f~:Sou~hold,~ the salary not to .exceed $2.00 per hour. ~ Vote o~ Albertson; Council~r~[e~n Demarest~ es Tuthill and Clark. Moved by Co.Uncl!man Demaresk, seconded y Councilman ~vaien~-e,~ ~ ~ · WHE~EAs~ S6~th~ld ~oWn Planning BOard has prepared an offi'ci~~ report and recommendation upon the petition of Casbor, Inc. by Frank Born, Tre~ for e of zoen from "k"-Residential and Ag~i'cuttural Dis: property in Mattituck, N.Y. NOW, THEREFORE, BE IT RESOLVED: That a public hearing will be held by ~he'So~thol~ Town'Board at the Supervisor's Office, 16 South St., Green~0~, · ~ '~' ~a N.Yi 'On-Tuesd y, July 25; 1967, at 7:30 P.M~ on the above ment~i0~d petition~ and that'the Town Clerk ,be and he hereby is auth~ orized and directed to cause a notice of said hearing to be Published in the Suffolk Weekly Times, pursuant to the requirements of law. V0te~of ~own BOard: Ayes-SupervisOr -Albertson! CounciLmen- Demarest and Valent~ne; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Councilman~Val~entine; WHERE~S, isadors KrupSki has applied to the Town Board for a single traiI~er re~eWa! permit dated June 9, 1967, NOW, ~RERE~©RE, BE IT~RESOLVED: That the application of Isadore Btrupski to locate a szngle trailer on his property at Peconic,- N.Y. be and hereby is ~anted for a-slx (6) month period~ - Vote Of 'Town BOard: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthii1 and Clark. Moved by Justice Tuthill; seo0nded by Justice Clark; WHEREAS, ca~I~Frelix applied to the Town Board for a single trailer~ renewal permit dated NOW, THEREFORE, BE IT RESOLVED: That the application of Carl Freli~ locate a single trailer on his own property, Private Road N/S ~Main Road, Mattituck, be and hereby is granted for a six (6) month period .... Vote of'ToWn Board: Ayes-Supervisor Albertson; Councilmen Demarest .and Valentine; Justices Tuthill ~nd Clark. ~oved bY Justice Tuthill; seconded by Justice Clark; WHEREAS, Franklin R. Saunders has applied to the ToWn Board fo.r~a! sin31e trailer renewal permit dated June 6, 1967, NOW, THEREFORE, BE IT RESOLVED: That the application of Franklin R. Saunders to locate a single trailer on the property of Sophie T. Saunders Main Road, Laurel, N.Y. De and the same is granted for a period'of six (6) months. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Dema~rest and Valentine; J6stices Tuthill and Clark. Moved by Justices Clark; seconded by ~6ncilman Demarest; ..... WHEREAS, Burt0~ Potte~ Post~185, American .Legion, Greenport~, N.Y. applied to the-Town C~erk for a Bingo License Amendment, and WHEREAS, the Town Board has examined the application and after invest- igation made~ findings and d~terminationsa as requi~ed by la~, NOW, THEREFORE, BE IT RESOLVED: That the Su~pe~visor be and he hereby is authoriz, ed and directe~ to execute on behalf of the ToWn Board the findings and determinations required by law, and it is further RESOLVED: That the To~ Clerk be and he hereby is directed to issue an amended Bing.o License to the Burton Potter Post ~185 Amer~an Legion, Greenport, New York. Vote of Town Board: .AyesvSupervisor Alber~s0n; Councilmen Dem~reSt and Valentine; Justices Tuthill and Clark.' ~ Moved by Justice Clark;, seconded' by ~C0uncilman Valentine; RESOLVED: That ~the Tow~ Board.approves the action of the Commissioners of the Fishers Islar~ Ferry District on the following twO res61utions passed by the Fishers Island Ferry District on June 12 and 21, 1967: 1.- .... ~W~IEREAS, the Board of Commissioners are unanimously aqrced that in the interes~ of the residents of Fishers Island as a whole and ~n the inner,rests Of .~his District~ tha't the. M/V OLINDA should be ~manned by employees of this District, ,. and~ ..~ W~EREAS,~ sa~d vesse! requires a. ship s Master.duly %lcensed, and wHEREAs$ the Board ~f CommiSsioners are desirous 0f,~obt~ining~.9 .service of a man who is eminently qualified for this position, a~d ...... WHEREAS~ A~bert W. I~erson of 65 Gerton Street~ New London, Conn. has made applicat~ion to this District for the. position of Master~.of the M/V OLINDA ~ ' BE IT RESOLVED: That Albert W. Iverson of New London, Conn. be ~mployed effective June 15, 1967 in the capacity of Master, M/V OLINDA,' ~nd be it further RESOLVED: That compensation for subject~positio~ be $5.~0 per'h~ur ~for a 40 hour week and that if any hours are ~equired by this DistriCt in exc~ess of 40 hours per week, overtime shall be based o~ ~he ra~e of time and one half of the basic rate.. 2. -WHEREAS, .the Board of Commissioners are unanimously agreed that in the interests of the residents of Fishers Islandas a wh~and in the interest of this District that the M/V OLINDA sh®uld be manned by employees of this District , and WHEREAS, the,Board of Commissioners are desirous of 0btaininq the services of two men who have more than average skills, and~ WHEREAS, Albert Chaptaski of Fishers Island, N.Y.~and W~lliam'S~Cl~i~ of 5 Ladley Road, Quaker Hill,~Conn. base applied~for s~b~ect~p0-Si~ions, BE IT RESOL~E~: That Albert Chapiaski of Fishers Island, N.Y. and~Wm. R. StClair of Quaker Hill, Conn. be employed effective June 15, .1967 in the capacity of seamen, and be it further RESOLVED: That comp~sation for subject positions be $3.88 per hour for a 40 hour week and that if any hours are required by this District i~ excess of 40 hours per week, overtime s~ll be based on the rate of time and one 399 half of the basic rate. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demar~st and Valentine; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Justice Clark; RESOLVED: That the Superintendent of Highways of the ,Town of Southold be authorized to advertise for bids and to purchase f~m the lowest responsible bidder, the following: One (1) self-propelled Chip Spreader. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and_Valentine; Justices Tuthill and Clark. Mo~d by Councilman Demarest; seconded by Justice Clark; ~RESQLVED: That Supervisor Lester M. Albertson be and he hereby is auth- orlz%d,to employ three (3) persons for the maintaining and directing of parking at the beaches of the Town of Southold. Vote of.~Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and~Vatentine; Justices Tuthill and Clark. Moved by J~i-~a~a~.~r.~ seconded by ~u~:&~t~~ WHEREAS, there ha~e been p'u~Iic expressions 6~-opin~onDY certain delegates to the Constitutional Convention that the office of Justice of the Peace should be abolished and legal matters now heard and deter- mined on a local level be transferred to some system of Districts Courts or to some division of the Supreme Court, and WHEREAS, persons ~harged with criminal violations are now arraigned without delay before a Justice of the Peace and bail set but under any District Cou~t or Supreme Court system it would either by necessary to transport such persons for considerable distances for arraignment~ or such persons would be committed to jail until such time as a judge or justice could be available for the arraign~nt and such practice would be completely contrary to recent decisions which require a person charged with crime to be brought before a magistrate without delay, and ~E~AS, the Justice of the Peace has civil jurisdiction over a wide variety 0f small civil matters which, even though the amount involved may bs small, are frequently of great importance to the persons involved and the delays necessarily incident to travelling distances to obtain relief in a District Court or Supreme Court would in many cases deprive poor persons of justice, and ~R~S,~ th~ proposal to el~inate ~e local court of the Justice of the Peace seems simply a part of a trend toward contralization and while District Courts may be practical in the urban centers, they would be hiqh~ impractical for rural areas, and ~AS, a proposal to eliminate the local court of the Justice of the Peace and t~ create a District Court system in place thereof was sub- mitted to the voters of Suffolk County several years ago and such pro- posal was rejected by the voters of the Town of Southold as well as all other towns in the eastern part of Suffolk County, and ~ER~S~ Justices of the Peace are now required, if they are not attor- neys, to have a course of legal training and the ability of a Justice of the Peace to conduct trials under the rules of legal evidence has been demonstrated, be it RESOLVED: that the To~ Board of the To~ of Southold hereby expresses its firm opposition to any proposal before~e Constitutional Convention to abolish the office of Justice of the Peace, and be it further ~SOL~D: That the Supervisor of the To~ of Southold be and he hereby is directed to transmit copies of this resolution to ~e appropriate delegates to the Constitutional Convention. Vote of To~ Board: Ayes-Supervisor Albertson; councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Councilman Demarest; seconded by Councilman Valentine; WHEREAS~ this board believes that it~ay be in the best interests of the five eastern towns of Suffolk County namely, the towns of River- head, Southold, Shelter Island, East HamptOn and Southampton to divide the county into two counties, one consisting of the aforementioned five eastern towns, and the other consisting of the remaining five western towns in Suffolk County, and WHEREAS, Section 5 of Article III of the Constitution, of the State of New York provides in part~ that no county shall'be e~ec-ted unless ~s population shall entitle it to a member of th~ assembly, and WHEREAS, the population of the aforesaid five eastern towns is presently less than that requ~red~for the erection of a new county,.-and WHEREAS, this board believes that the New York State Constitu~io~ should be amended to permit the legislature to erect a new county without regard to the size-of its population and without limitation by an home. r~t~ provision, NOW, THEREFORE, BE IT RESOLVED:~ That this board recommends to the Con- stitutional Convention that the constitution of the State of New York be amended to authorize-the legislature (a.) to erect a new c~un~y With- Out regard to the size of its population, and (b) to erect a n~ ¢'0unty by divi~'ion~of- an existing county.without limitation by any home ~tm provision, and it is further RESOLVED?That the Supervisor be and he hereby'is authorized and direct- ed to submit a certified copy of this resolution to the appropriate delegates to the Constitutional Convention. Vote of Town .Board,:-Ayeg-Super~vzsor Albert~son; CoUncilme~-Demaresb and. Valentine; Justices Tuthill and Clark. Adjournment was at 4:00 P.M. Albert W. Richmond Town Clerk