HomeMy WebLinkAboutTB-06/21/1983140
SOUTHOLD TOWN BOARD
JUNE 21, 1983
EXECUTIVE SESSION
8:45 A.M. - The Board met with Special Attorney Richard Lark who
updated them on pending legal proceedings~, and discussed personnel.
10:00 A.M. - Mr. Steve Tsontakis, owner of the Captain Kidd Water
Company since 1965, reviewed the history of the water system to
date. He feels the company should be publicly owned and plans to
get out of the water business by the end of the year one way or
another. Mrs. Cleo Tsounis, President of the Captain Kidd Civic
Association, presented a letter to the Town Board calling for the
Town Board to proceed to award ~a contract for a feasibility study
of the water district in Captain Kidd Estates. Later in the meeting
the Board discussed the Captain Kidd Water Company and requested
the Supervisor to contact the Ne~"~5~'~St~te ~u-bl~c $~rvi~e CO~ssion
and invite a representative to the July 5th Work Session to inform
the Board of the results of the P.S.C. investigation of the water
company.
10:30 A.M. - Mr. Tsontakis, representing Mr. and Mrs. Thomas
Occhiogrosso, discussed their wetland permit violation, and asked
for permission to amend the Town permit to conform to the D.E.C.
permit. Town Attorney Tasker advised the Board that as a result
of the public hearing on June 7t~ at, which time the Board sustained
the decision of the Building Inspector, the existing wetland permit
is revoked and a new wetland permit must be .applied for. - - -
11:00 A.M. - The Board began reviewing the agenda.
11:30 A.M. - Mr. Dan Fogarty of Fogarty Electric & Refrigeration
appeared before the Board and explained that the compressor on the
air conditioning system at Town Hall is beyond repair and presented
his estimate for purchase and installation of a new compressor. The
Board deemed this an emergency, due to the heat of the summer, and
the length of time no obtain a bid far same, and will place a resolution
on the agenda declaring an emergency and authorizing Mr. Fogarty to
proceed with obtaining a installing a new compressor.
12:20 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened.
2:05 P.M. - Account Clerk Joan Richter met with the Board and sub-
mitted a brief description of duties performed by the Accounting
Department from January through June 1983. Supervisor Pell informed
the Board that Account Clerk Betty Wells has indicated she plans %o
resign in mid-July and he recommended that, since the Town has grown
so much in the past few years, ~nd will continue to do so, he ~ould
like to see an Accountant hired, as well as a Clerk-Typist--perhaps
a new high school graduate who has had bookkeeping and other, business
courses. The Board agreed that this would be the right direction
and authorized Supervisor Pell to begin looking for an Accountant and
to contact the three schools for applicants for the Clerk-Typist
position.
2:45 P.M. - Work Session adjourned.
June 21, 1983 14]
REGULAR MEET lNG
A Regular Meeting of the Southold Town Board ~s held at 3:~
P.M., Tuesday, June 21, 1983 at The Southold Town Hall, Main
~d, New York. Supe~isor ~etl opened the meeting ~.it~
Pledge of Allegiance to the
Present: Supervisor ~ilk'iam R.. Pelt~
Councilman Je~ J. ~ickles
Councilman La~re~e ~'k~@ck, Jr.
Councilman Francis ~.
Councilman Joseph L.'Townse:~
Justice Raymond W. Edwards
To~n Clerk Judith T~ Terry
Town Attorney Robert ~ Tasker
Superintendent of ~ighwAys Raymond C. Dean
Moved by Co%l~eilman Murphy, seconded by Justice Edwards, it was
~OLVED -thai the minutes of the June 7, 1983 meeting of the Seuthold
Town Boa~d be and hereby are approved. ~.
Vote-of the Town Board: Ayes: Justice Edwards, Councilman
To~n=~a~ co3o4~cilman ~M~o3~y~Counciiman Murdock, Councilman
Nickles~ Sape~F].$59:P~t. -
This resoluti@m ~'as declared duly ADOPTED.
~oved by Co~ucil~an ~urdock~ seconded by Supervisor Pell, it was
RESOLVED tha~t ihe iollowing audited bills be and hereby are ordered
paid: Eome Aide Program bills in the amount of $433.65.
Vo~e of the Towa Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
~ThiS resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the next Regular ~eeting of the Southold Town Board
will be held at 7:30 P.M., Tuesday, July 5, 1983 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman ~urphy, Councilman Murdock, Councilman
Nicktes, Supervisor Pel!.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR PELL: These reports are placed on file in the Town Clerk's
Office or mine and anybody wishing to review them can do so at either
office.
1.
2.
3.
4.
5.
6.
North Fork Animal Welfare League's monthly report (May 1983).
Justice Tedeschi's monthly repor~ (May 1983). ~
Justice Price's monthly report (May 1983).
Long Island Cablevisien's monthly report (May 1983).
Assessor's monthly report (May 1983).
$outhold Town Landmark Preservation Commission's minutes
of the May 18, 1983 meeting.
7. Southold Town Farmland Preservation Committee's minutes of
June 1, 1983 meeting.
8. Police Department's month]~ report (May 1983).
9. Councilmen's reports - At this time I will ask the Council-
men to make any reports they would like ~o make. Judge Edwards, any-
thing you wish to report?
JUSTICE~EDWARDS: Just that our mooring program on Fishers Island is
going quite well. We will be ready for the seed clams when they come
Thursday. And I'd like zo introduce my Bay Constable John Clavin in
the back of the room.
SUPERVISOR PELL: Hello, John, glad to have you wish us. -- Councilman
Murphy? (Nothing further, Bill.) Councilman Nickles? (Nothing
further.) Councilman Murdock?
142 June 21, 1983
COUNCILMAN MURDOCK: Nothing new since we did our landfill report.
We'll have our resolutions out of that report later in the meeting.
SUPERVISOR PELL: Councilman Townsend?
COUNCILMAN TOWNSEND: Not much. ActualIy everybody has been-±nvolved
in the same thing. Frank and I and Larry have spent a fair amount of
time on the Landfill Committee. John and I have been working with the
Water Advisory and the Farmland Preservation Committee, and you and I
have been working on the Police Committee. It has been a very active
couple of weeks. I can't think of a night in the last couple of weeks
that I haven't been out on some Town business. There's going to be a
lot of activity and a lot of resolufions to come before the Board
emanating from these committees in the next couple of months so you'll
be hearing a lot more reports later on in greater detail.
SUPERVISOR PELL: Thank you, Joseph.
II. PUBLIC NOTICES.
SUPERVISOR PELL: The following public notices are placed on file in
ti ~ow~ Clerk's Office and on .~he-.Town C!erk~s Bulletin Board.
-~.?oody wishes ~o. review them in detail they can do so there.
1. Application to the U. S. Army Corps of Engineers by~D,~-,~ Klaus..
' Honig, Mr Cosimano and Mr.~ Sr~~.~~t~_~n~n~~..
place beach £ill, riprap at B~;--Haven, Little Peconic Bay, Southoid.
Comments by July 2~ 1983.
2. Notice of Order from the N.Y.S. Department of Transportation
£or 30 MPH speed limits within the Cutchogue area.
3. Application to the U.S. Army Corps of Engineers by port of
Egypt Marina to rearrange location of existing floating docks witbin
an existing operating marina, at Budd's Pond, Southo!d.
4. Application to the U.S. Army Corps of E~gineers by Mr. Joseph
Markapodi to construct a timber pier, walk ramp, and float retained by
timber piles, for a private recreational mooring facility to extend
forty-two feet seaward from the line of mean high water at East Creek
(Eugene Creek), Little Peconic Bay, Stillwater Avenue, Cutchogue.
Comments by June 29, 1983.
5. Application to U.S. Army Corps of Engineers by Mr. Stephen
Perricone to construct a timber pie~, walk ramp, and float retained
by timber piles, for a private recreational mooring facility to extend
forty-two feet seaward from the line of mean high water at East Creek
(Eugene Creek), Little Peconic Bay, Beebe Drive, Cutchogue, New York.
Comments by June 29, 1983.
III. COMMUNICATIONS.
1. Letter f~m Legislator Gregory Blass informing us that if
the Town Board asks to.have the Jockey Creek Bridge raised more than
1.3 feet it will cause a two year delay in the project because they
will have to go through Emminent Domain proceedings. I told ~he Town
Board to ~o over his letter and I would put it back on the agenda in
two weeks.
2. Technician's reports from the New York State Department of
Public Service in reference to the Captain Kidd Water Company. It
tells the Board what they have done and how much it costs and the
Town Board did hear from the owner of it today as well as some
residents there and we will ask a member of the Public~Service -
Commission to be at our July 5th Board meeting to go into a little
further detail with it.
3. This is something the Town was sent by the New York Sea
Gran~ Institute, that on May 17th the governor of our state signed
the Aquaculture Planning Act (Chapter 104 of the Laws of 1983),
which will deal with Cornell University aad others to do an in depth
state-wide study on the value of aquaculture in the state and they
asked if your Town would like to be involved in it and of course
our Town Board instructed me to say yes we would, and to tell them
what we have been doing in Southold Town in regards to the scallop
program, clam and seed clams, etc., and I will be more than
to do that.
4. Letter from Attorney William H. Price, Jr. stating his
client would like to take over the dead-end road where a bridge
used to go across on Old Grand Avenue Bridge,Mattituck, and they
asked if the Town planned to abandon this property, and of course,
the Town is not. So we will go back to him and say, no, we're not
going to abandon it.
June 21, 1953
IV. HEARINGS. - There are no hearings ~d'~y, we move right on to
Resolutions.
V.- RESOI.UT IONS.
1. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Southold Town Board declare itsel£ lead agency in
regard to the State Environmental Quality Review Act in the matter
of the application Of E~conSultants, Inc. on behalf'Of Richard'Hiltz
for a Wetland Permit on certain property located at 1615 Anchor Lane,
on dug canal o£f Peconic Bay, Southold, New York.
Vote o£ the Town Board: Ayes: Justice Edwards,.Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
2. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Southold Town Board declare itself lead agency in
regard to the State Environmental Q~ality Review Act in the ma~ter
of the application of E~consUlta~tS, Inc., on behaId'of Anthony
Forosich, for a Wetland Permit on certain property located a~ Anchor
Lane, on dug canal off Peconic Bay, Southold, New York.
Vote of the Town Board: Ayes: JuStice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor
This resolutio~ ~as ~ec~ared duly ADOPTED
3. Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Southold Town Board declare ~tSelf lead agency in
regard to the State Environmental Quality Review Act in the mat~er
of the application of EnconsuItants, I nc., on behalf of George Koch,
for a Wetland Permit on certain proper~y ~ocated a~ Anchor Lane, on
dug canal off Peconic Bay, Southold, New York.
Vote of the Town Board~ Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
.~ 4. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby is
authorized and directed to employ the necessary Li£eguards and Beach
Attendants~ to work as needed.
Vo~e of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
5. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED tha~ the Town Board of the Town o£ Southold hereby allocates
$500.00 from A7320.4 - Joint Youth Account, to pay expenses of the
Eas~ End Arts and Humanities Council for the Douglas Moore Memorial
Concert ~o be held on the Cutchogue Green on August 12, 1983 at
8:00 P.~.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
COUNCILMAN TOWNSEND: Mr. Supervisor, when you sign that resolution
I wan~ you to give the pen to Mr. Miller here who is a bonafide
descendant of Douglas Moore. What is your relation?
MR. JEFF MILLER:
SUPERVISOR PELL:
the story right.
He was my grand-uncle.
We're honored with your presence, sir.
Just get
6. Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid o£ Eastern Horizon Construction Co.~ Aquebogue, New York,
at t'he bid price of $4,971.00, for the installat%on of stairs at
Ho~ton's Point, Southold, all 'in accordance with Notice ~o Bidders
and Bid Specifications.
Vo~e of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy~ Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
June 21, 1983
7. Moved by Justice Edwards, seconded by Councilman Murdock~ it was
RESOLVED that Supervisor William R. Pell, III be and he hereby is
authorized and directed to enter into a Fire Alarm Service Agreement
between the Town of Southold and ~implex Time Recorder Co. for
inspections, testing and normal maintenance at the Southold Town
Hall, from July 1, 1983 through June 30, 1984, at the annual fee
o--f--~1068.00.
Vote of the Town BOard~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
8. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby is
authorized and directed to enter into a Fire Alarm Service Agreement
between the Town of Southold and Simplex Time Recorder Co. for full
service at The Southold Town Police ~eadquarters, from March 1~ 1983
through February 28, 1984, at the annual fee of $133.00.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend~ Councilman Murphy-, Councilman Murdock~ Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL~ 'Number 9 is a hold, we're not ready to move on that.
(Set a public hearing on proposed"Local Law in relation to authorizing
the issuance of appearance tickets by Building Inspectors.")
10. Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for~the
action described below, has determined that.the project, which is
unlisted, will'.nOt h~ve a s£g~ifiC~t effect on the environment.
Description of Action~ ApplicatiOn of Enconsult~nts, Inc.~ on behalf
of Annette Golde~ and Nicholas Carnes, for a Wetland Permit to
construct stone revetment above line of MHW, using excavated material
for backfill, at 635 Bayshore Road, on Pipes Cove~ Greenport, New York.
The project has been determined not to have a significant effect
on the environment for the following reasons~
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planned.
Because there has been a response from the Board of Southold
Town Trustees and Southold Town Conservation Advisory Counci~ indicating
thatthis project would not have a significant effect on the environment.
Because there has been no response in the allotted time from the
New York Sta~e Department of Environmental Conservation and the Southold
Town Building Department, it is assumed that there are no objections nor
comments from those agencies.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Counc±~man Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duIY ADOPTED.
11. Moved by Supervisor Pell, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold set 3:00 P.M.,
Tuesday, July 5, 1983, Southold Town Hall, Main Road, Sothold~ New
York as time and place for a public hearing in the matter o£ the
applicatio~ of A~tte GoIde~ and Nicholas Carnes for a permit in
accordance with ~he Wetland Ordinance of the Town of Southold, to
construct stone revetment above tine of mean high water, using
excavated material for backfill, at 635 Bayshore Road, on Pipes
Cove, Greenport~ New York.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
12. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appeints
James T. Reynolds, Smithtown, New York, as a Special Assistant Distric~
Attorney, effective this date, June 21, 1983~ at a fee of $100.O0 per
hour, and a maximum of $400.00 court fee per day.
Vote of the Town Board~ Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
13.
14.
June 21, 1983 ~ 45
Moved by Councilman Murphy, seconded~by:Jus~ice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
$400.00 from the Joint Youth Account A7320.4 to pay expenses incurred
by the East End Arts and Humanities Council for the Greenpor~ Summer
Players.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor --
Pell. Abstain: Councilman Townsend.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Councilman Murdock,
RESOLVED that the Town Board of the Town of Southold will hold a
public hearing at the Southold Town Hall, Main Road, Southold, New
York on the 19th day of July~ 1983 au 3:35 P.M., at which time and
place all interested persons will be given an opportunity to be
heard upon the following matter:
A Local Law in Relation
to Portable Kerosene Heaters
BE IT ENACTED by theTown Board of the Town of So~hold as follows:
Section 45-401, Subdivision C, paragraph (4) of the Southold Town
Fire Prevention Code is hereby amended to read as follows:
it was
II.
(4) Portable Heaters
(a)
Unrented portable heating equipment using solid, liquid, or
gaseous fuels shall be prohibited except du~ing building
construction, alterations or repair. During this period of
building construction, ~lteration or repair, the heating
equipment must have adequate ventilation and must have a
me aris of fire extinguishing available. Unvented portable
heating equipment used for this purpose must be listed by
a nationally recognized testing laboratory and operated and
maintained in ac cordance with manufacturer' s re commendations
This paragraph (a) does not apply to New York State approved
kerosene fueled heaters being used in one and two'family
dwellings.
(b) Portable heaters shall be appropriately located with respect
to combustible materials, and maintained in proper operating
c on dit i on.
(c) Portable electric heaters shall be equipped with automatic
shut-off devices for safety purposes in the event of tip-over.
(d)
Refueling operations for all solid, liquid, or gaseous fuel
burning portable heating equipment shall be safely conducted
when appropriate, including the removing of the heater to a
safe location and waiting for it to cool prior to refueling.
(e) Fuel supplies and its related equipment for solid, liquid or
gaseous fuel burning portable heating equipment shall be pro-
tected from damage, excess heat and comply with the appli-
cable storage and handling requirements specL~ied in this
Chapter. ,
Section 52-53, Subdivision J of the Housing Code of the Town of Southold
is amended to read as follows:
J. Portable Heaters
(t)
Unrented portable heating equipment using solid, liquid, or
gaseous fuels shall be prohibited except during building con-
struction, alterations or repair. During this period of'
building construction, alteration or repair, the heating equip-
ment must have adequate ventilation'and must have a means of
fire extinguishing available. Unrented portable heating eq,~ip-
ment used for this purpose must b_e listed by a nationally
recognized testing laboratory and operated and maintained in
accordance with manufacturer's recommendations. This
(2)
subdivision J does not apply to New Ydrk State approved
kerosene fueled heaters being used in one and two,family
dwellings.
Portable heaters shall be appropriately located with respect
to combustible materials, and maintained fn proper operating
condition. ~
(3) Portable electric heaters shall be equipped with automatic
shut-off devices for safety purposes in the event of tip-over.
(4) Refueling operations for all solid, liquid, or gaseous fuel
burning portable heating equipment shall be safely conducted
when appropriate, including the removing of the heater to a
safe location and waiting for it to cool prior to refueling.
(5) Fuel supplies and its related equipment for solid, liquid or
gaseous fuel burning portable heating equipment shall be
protected from damage, excess heat and comply with the
applicable storage and handling requirem_ents specified in
Chapter 45 of the Town Code.
III. This Local.Law shall take effect ~mrned~.a~ely. . .
Vote of the Town Board: Ayes: Justice Edwards, Councilm~
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
15. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the transfer of $43.00 from General Fund Whole Town Accounts A3660.1
School Attendance Officer, Personal Services, to A3640.4 Civil Defense,
Contractual.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman -
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
16. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for
supplying and installing 470 lineal feet of galvanized mesh fence,
and necessary gate, corner and line posts at a Town drainage sump
located on the east side of Depot Lane, Cutchogue, New York.
Vote:of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
17. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that the Chief of Police of the Southold Town Police
Department be and hereby is authorized and directed to enter into
a Lease Agreement with the New York State Police for the installation
of a Racal-Milgo information system at the Southold Town Police
Headquarters at a monthly rental of.~$228.00, for a term of sixty-
six (66) months, which said rental shall include maintenance. Said
agreement to contain all of the terms and conditions set forth in
Appendix B of the Memorandum from the New York State Police sent
to the Southold Town Police Department.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Councilman Lawrence Murdock, Jr. offered the following resolution
and moved its adoption:-
BUDGET NOTE RESOLUTION OF THE TOWN OF SOUTHOLD,
NEW YORK, ADOPTED JUNE 21, 1983, AUTHORIZING
THE ISSUANCE OF A $45,000 BUDGET NOTE OF SAID
TOW~ PURSUANT TO SECTION 29.00 a. 2. OF THE
LOCAL FINANCE LAW TO PROVIDE FUNDS FOR PERSONAL
June 21, 1983
SERVICES FOR WHICH tNSUFFI~CIENT PROVISION IS
A~DE IN THE CURP~ENT BUDGET.
THE TO~¥N BOARD OF' T~{E ~O%~1B OF $@~3T~LD, IN TIlE
SUFFOLK, NEW YORK, HEREBY RI~S@L%~'Si ~b]f a fav~}r~_b~e ~te
majority of the voting strength of said Board), AS
147
Section 1. The Town of $outhold ~h~e,r~ called "~wn~
in the County of Suffolk, New York, hereby authorizes the f~s%r~=
of a $45,000 budget note of the Town for ~he.specific obj:e~d~ oE-~rpo.se
of providing-funds for personal services at th~ Town Land,f~
in Cutchogue, in sald To~n~, for which there is"insufficiem.%
provision in the annual budget for the current fiscal year o~f
the Town. Said Note shall be issued pursuant to Section R9.100 ~ 2.
of the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (herein called '~Law~.
Section 2.
and declared:
The followmng matters are hereby det~nin~
Said Budgeu Note is authorized to be
issued pursuant to Section 29.00 a. 2. of the Law, as foll~%s:-
(1) Town Budget for 1983 fiscal year ~:5,~,000.00
(2 5% of amount in (1) above ~ R~.~000.00
(3 Budget Note allowable $ ~,000.00
(b) Said Budget Note may be renewed from ~t~_ ~o
time but, said Note, including the renewals thereof, shall matnr~
no later than the close of the fiscal year succeeding the fiscal
year in which such note is issued. Said Note is not issued in
renewal of any note or notes.
Section 3. It is hereby certified that upon the basis
the facts and circumstances now in existence and herein set forth,
it is not expected that the proceeds of thms issue of a Budge~
Note will be used in a manner that would cause such Note to be
"arbitrage bonds" within the. meaning of Section 103 (c) of the
United States Internal Revenue Code of 1954 and the regulations
thereunder. A part of the anticipated cumulative cash flow deficit
of the Town computed pursuant to the Code and regulations of the
United States Treasury Department, as amended, is to be financed
by the Note to be issued pursuant to this resoution. The principal
Ju~ 21, 1983
~mount of such Budget Note is $45,000.00, which amo'ant is ~o~_ .~reater
than t~h~ anticipated cumulative cash flow defi~cit referred to above.
The ~tnticipated cumulative cash flow deficit is estimated to :be
as follows:-
Balance as of May 31, 1983
Estimated
Expenses
Fox Month of
Estimated
Receipts
For Month of
$ ~19,190.00
Cumulative ("Net")
Surplus (or Deficit)
At End of Month
June
~uly _
ugus~
September
October
November
December
$198,506,00
~150,100.00
147,195.00
$133~.89Q.,OO
$127; 806] O0
$162,506.00
$184,839.00
$48.,'300.00
$134 500,00
$40',000'.00
$10,000.00
$7,000.00
$90,000.00
Maxlm~~la~J~C~sh Flow Deficit
January 1984
Receiver of Taxes $124,320.00 $1,202,990.00
Maximum Cumulative Cash Flow Deficit
Reasonable Cash Balance (following month's
expenses payable prior to estimated
receipts for that month)
568,984~0'0
553,384,00
$414,724.00
$320,834.00
$203,028~0G
$4%~22.00
'$47,317.00
$47,317.00 12/31/83
$1,031,353.00
$
Total $
There are no amounts in a general fund account or any other account
available for the payment of the esuimated expenditures set forth
above.which may be invaded to pay such expend4tures without a
requirement that any such amount be reimbursed.
Section 4. The Note herein authorized shall contain the
recztal of validity prescribed b~Section 52.00 of the Law, and
shall be a general obligation of the Town and the faith and Credit
of the Town are irrevocably pledged to the punctual payment of the
principal of and interest on sa~d Note, and unless said Note is
otherwise paid ~r payment provided for, an amount sufficient for
such payment shall be inserted in the budget of the Town and a tax
sufficient to provide for the payment thereof shall be levied
and collected.
Section 5. Subject to the provisions of this resolution
and of the Law, and pursuant to Sections 30.00, 50.00, 56.00 to
60.00 of the Law, the power to authorize and prescribe the terms,
form and contents and as to the sale and issuance of any renewals
of the Note herein authorized, are hereby delegated to the
Supervisor, as chief fiscal officer of the Town.
June 21, 1983 14~
Section 6. Said Note herein authorized shall be executed
in the name of the Town, by its Supervisor and the corporate seal
of the Tom~ shall be affixed thereto and antested by its Town Clerk.
Section 7. This resolution shall take effect immediately.
The adoption of the foregoing resolution was seconded
by Councilman JosephL. Townsend, Jr. and duly put to a vote
on roll call, which resulted as follows:-
AYES: Justice Edwards, Councilm~n Townsend,
Councilman l~urphy, Councilman Murdock, Councilman Nickles, Superviser
Pell. ~OES: None.
The resclution was declared adopted.
19. Moved by Councilman Nickles, seconded by Councilman Murdock,
WHEREAS, the air conditioning unit at the Southold Town Hall has
a burned out compressor, and
WHEREAS, it is summertime and there is insufficient time ~o go to
bid, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby declares
this an emergency situation, and be it further
RESOLVED that the proposal of Fogarty Electric & Refrigeration be
and hereby is accepted ~o provide and install a replacemen~ Cop~land
brand compressor for the central air conditioning system a~ the
Southold Town Hall a~ a total cost of $6,200.00, which includes
replacement compressor, labor, driers, clean out of system,
refrigerant and re-controlling equipment, and be it further
RESOLVED that the Supervisor be and he hereby is authorized and
directed to pay for said installation upon completion and acceptance.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Any Councilman have anything they wish ~o bring
up at this time? Judge Edwards? (Nothing.) Councilman Murphy?
(Nothing.) Councilman Nickles? (Nothing.) Councilman Murdock?
(Nothing.) Councilman Townsend? (Nothing.) Anybody wish ~o
address the Board? Yes, sir? One dollar dog license fees.
MR. STUART HARVEY, Southold: Right. The dogs can't vote, but
I think it's a painless tax compared to we give $400.00 to this
and everything else that comes out. At two cents a day or ~wo
cents a week, rather, would come out of dog owners. I know some
of them can't see this, but not everybody is good To their dogs
as some of the owners. I'm sure people that object, I mean, feel
that too, so I think it's being humane, it's nqt costing all the
taxpayers, just us people with dogs and I'd like to see the
Council do something about it so I don't have to write any more
letters. Can I put this letter into record on the subject?
SUPERVISOR PELL: Absolutely, the Town Clerk will accept it.
(Letter to the Editor, Long Islan4. Traveler-Watchman. "Editor:
Why does the Southold Town Board hesitate to raise our dog license
fee one dollar per year? This would cost a dog owner less than an
additional two cents a week and with 3,500 dogs licensed in Southold
Would g~ve the animal shelter an additional $3,500 a year. I am
sure being concerned over our own pets we should welcome a chance
to help the shelter spare some stray animal until it has a chance
to be adopted. Yours truly, A. Stuart Harvey.")
150'~ June 21, 1983
SUPERVISOR PELL~ Anybody else wish to address the Board?
MR. HARVEY: I wasn't finished. I also think that we're stalling
enough on a computer. We should get--for $6,000 we can get one,
lnc±ualng a write-out that would do the Town Hall~ or for instance
Terry with all her stuff and the Building Department, because .it
will probably take a year before anything gels on the other. In
the meantime I think it would take quite a load off both the-~
keeping track of money, permits and everything else. I think ;you
should think about it.
SUPERVISOR PELL~ I agree with that one one hundred percent. 'Dogs
I might not agree with one hundred percent, but that one I do.
Anybody else wish To address the Board?
COUNCILMAN MURDOCK~ I think what I should announce is that we will
cancel the Code Committee meeting for Tomorrow night because af the
illness ~f Victor Lessard, and we will also call a meeting of the
Landfill Committee in Ray Dean's office at 8~00 o'clock Friday morning.
SUPERVISOR PELL~ We are already to adjourn. Does anybody else wish
to address the Board before we adjourn? (No response.) I£ not, the
motion is in order to adjourn.
Moved by Councilman Nickles~ seconded by Supervisor Pell, it was
RESOLVED that this Southold Town Board meeting be adjourned---
SUPERVISOR PELL: Do you want to address the Board, you just walked
in late.
MR. FRANK CARLIN, Laurel: Sorry, I didn't quite make it here ,on time.
I'll start with this one, Mr. Pell, this is one for you.
SUPERVISOR PELL: Thank you.
MR. CARLIN: This was taken from the Suffolk Times on May the 26th
and the last meeting was May the 24th. "The announcement was made
at the Tuesday meeting of the Southold Town Board by Supervisor
Bill Pell~ who said that Town officials have promised action wlithin
30 days and to call in 30 days." The 30 days--in fact since the
petition was handed in--it's been 42 days and really the only thing
we have done so far is some new signs put up there. Something's
wrong here, I believe and I feel maybe I don't want to tell you how
~o do your job, but I suggest maybe that you contact Commissioner
Larocca and request how come they haven't lived up to their promise.
We have---I can report this, they've put new signs up in the area
by the curve and bridge about a week ago and there were new signs,
but they were the same speed limit~ and there were no slippery signs.
So, some calls were made and two days later they put new signs back
up again, lowering the speed limit, slippery signs were put up, but
none on the west side of the curve, which is where al~ the accidents
are happening.
SUPERVISOR PELL: We received a letter in Town Hall on June 20th.
I will give you a copy of it and it lists all the th~ngs they're
going to do and ~ou can take it from them. (Letter from the N4Y.S.
Department of Transportation, James L. Larocca, Commissioner.) This
was discussed at Board today. So before you leave, see my office
and ask for a copy of it. Next question. Your picnic benches, I
think, are up there.
.~R. CARLIN: They are? I really appreciate it.
SUPERVISOR PELL: If not, they will be.
MR. CARLIN: I know the people will enjoy it because--
SUPERVISOR PELL: Next question.
MR. CARLIN: Next question? Now,---
SUPERVISOR PELL: Pacific Street, the water drain on Pacific Street
is being ~ooked into. Next question.
MR. CARLIN: Boy, you're really pushing me here.
SUPERVISOR PELL: We were all ready to adjourn. Keep going.
MR. CARLIN: I made it in about a half an hour, but anyway-mow,
as far as caution lights so, they were'nt up yet.
June 21~ 1983 ·
15t
SUPERVISOR PELL: That ms addressed mn 'the letter you will get a
copy of.
MR. CARLIN: I want to just take a few minutes, I ~hink this is
importan~ to explain what's going on. I contacted LILCO, my friend
down in Huntington, Regional Director, Marty McDonald, who is in
charge of ~11 eastern end lighting and they have no reques~ so far--
or any reques~ from the State to pu~ up---supply power ~o the caution
lights. And also, I requested that when the State requests the power,
would they be so kind ~o give them a priority and they said they
would. They can't hook power up ~o something that isn't there.
And also t~e street lights. They'll give .that priority when they
gm up and I~ understand that--well let me stop r~ght now--Frank, this
is the question I think is your line now. Tomorrow is 30 days. It
was said a month ago the lights will be up in 30 days. You have any
reason why they're no~ up?
SUPERINTENDENT OF HIGHWAYS DEAN: They're being ordered.
COUNCILMAN MURPHY: The man hasn't~got them up yet. I guess they
haven't been delivered To his barn.
SUPERINTENDENT OF HIGHWAYS DEAN: But I can call your friend McDonald
and he'll get them up immediately?
MR. CARLIN: Yes, yes.
SUPERINTENDENT OF HIGHWAYS DEAN: Will you leave me his name and
telephone number?
MR. CARLIN: Yes, I'm going to leave you his name. In fact I spoke--
SUPERINTENDENT OF HIGHWAYS DEAN: And if I call he can guarantee it?
MR. CARLIN: He said, give me a call, as soon as you give me a call--
who puts them up, you or .....
SUPERINTENDENT OF HIGHWAYS DEAN: I put them up, and you can
guarantee they'll get them lit?
MR. CARLIN: He said he'll ge~ them lit. He'll give them a priority.
SUPERINTENDENT OF HIGHWAYS DEAN: What's a priority? Right now I'm
working three to four to five months for a priority and I'm talking
to some guys---
MR. CARLIN: I can assure you you will have the power.
SUPERINTENDENT OF HIGHWAYS DEAN: In a week or so?
MR. CARLIN: Oh, yeah, maybe sooner.
SUPERINTENDENT OF HIGHWAYS DEAN: Give me the numbers.
MR. CARLIN: Right now, here it is: Marty McDonald---I even know
the pole numbers you're putting them on.
SUPERINTENDENT OF HIGHWAYS DEAN: I want to send it to him directly.
MR. CARLIN: Marry McDonald. His phone number if 733-4761. I was
speaking to him around 2:00 o'clock. Both the lights and the caution
lights will be given special attention when they are puv up. They
can't hook nothing ~o nothing, so anyway, that takes care o£ that
problem. These pictures were taken May the 27th of the water ay the
south end of that area there Pacific Street and this is the other
end looking the other way. You can see there's a lot of water ~here.
SUPERVISOR PELL: Do you want to leave these with the Town Clerk?
MR. CARLIN: These are the only copies I have, bu~ if you are going
to need them I'll leave them, but I think I got some prints I.can
make up, but I'll leave them with you.
SUPERVISOR PELL: That's on Pacific Street.
MR. CARLIN: That's the corner of Sound Avenue and Pacific Street
where the sound comes in sometime~when it rains, and the so'uth
June 21, 1983
side, Route 25 and Pacific Street just almost across as you're
coming out to Auto Parts there. That area there is real bad.
So, you said you got information on this letter from the State,
right?
SUPERVISOR PELL: Yes.
MR. CARLIN: The'action, because so far I got sent in 42 days we
only got some signs up and haven't completed all the signs but
we're fighting for the one to get down there on the other end of
the curve which we need the most, that's where we need it but it's
not in there and the curve sign~ the 45 miles an hour sign is right
on the curve, it don't belong there, it's no good there, it's got
to be further back because the 55 mile an hour is supposed to come
down. But I understand that LILCO cleared your permits for th~
lights and when you're ready--you'i1 get the power.
COUNCILMAN MURPHY: They'll be up very shortly.
SUPERVISOR PELL: Anything else?
MR. CARLIN: I think that's it.
COUNCILMAN MURPHY: Thank you for your work, Frank.
MR. CARLIN: You're welcome.
Vote on the motion to adjourn at 3:35 P.M.: Ayes: Justice
Edwards, Councilman Townsend, Councilman Murphy, Councilman
Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
'~' Judith T. Terr
~ Southold Town Clerk