HomeMy WebLinkAboutTB-05/05/1981173
'SOUTHOLD' TO~g BOARD
May 5, 1981
WORK SESSION
9:00 A.M. - The Board audited the outstanding bills for all departments.
9:45 A.M. - yenetia'~.-McKeighan, Site Manager of the Southold Town
_Nutrition Program met with the Board to discuss~-the shOr~age;of':£unds for
necessary employees at the center. She has attended meetings with
Congressmen Carney and Carmen and Adelaide Silkworth of the Suffolk
County Office for the Aging and the concensus of opinion is that the
money for a bus driver wilt be available from community service mo~ey
on a state level which should be received by July. In the meantime
Mrs. McKeighan asked for an advance of $745.00 to Pav the bus driver
until July, at which time the Town will be reimbursed, if she is
permitted to do so by--the Office for the.~Aging. A resolution advanc-
ing th~ $745.00 was placed on ~he agenda. ~
10:00 A.M. - The Board began reviewing the agenda.
Discussion'was 'held relative to reoavin¢ the Village of Greenport
~he $10,000.00,still oweing them.' The budget will have to be carefully
studied to dete'rmineif or where the money can be taken from.
The Board will meet with ihe Robins Island Advisory CQ~itta~ on
May 26, 1981, 7:30 P.M., to discuss the Committee's final report.
A ~elephone call was received from County Legislator Gregorv Blass
requesting the Town Board to adopt a resolution oooosin¢ the
.proposed reapportionment of LegislatiVe District No.,1,into
Legislative District No. 2. A resolution in opposition was placed
on the agenda.
Councilman Murdock reported on his trip to Albany on April 28th to
testify before the New York .State Deoartment-of Public Service, ,1~oar~
on Electric Generation Siting and the Environment. Mr. Murdock'.s
report is detailed under I. Reports during the public meeting at 7:30
P.M.
CounCilman Murdock also reporte~on his and Councilman ~urphy's
attendance at Resource Recovery Procurement and Financing worksh~p
at Westbury, New York on May 4th, sponsored by The New York State
Department of Environmental Conservation, Division of Solid Waste,
in cooperation with Blyth Eastman Paine Webber, Inc. A detailed
report on this subject was given by Councilman Murdock under I. Reports
during the public meeting a~ 7:30 P.M.
· reported
Councilman Drumathat he met with County Executive Cohalan concerning
tho~ow~ dred~iBg Projects and was advised there will be funds avail-
able for dredging Corev Creek and ~ Ail that is needed is
a resolution from the County Legislature. ~, ~
and Brushe~ Creek can be dredged with the small county dredge which
is expected to be available. The county funds available.for the
Corey and Mill dredging is approximately $100,000.00. Councilman
Drum expressed concerned with the B~ard of Trustee~s "untimely action"
requiring Trustee permits for the dredging projects. This could cause
a halt to all dredging of Town creeks due to the length of time ne6essary
to obtain permits. This will be discussed further at 1:30 P.M. when
the Board meets with the Town Trustees and John Guldi, Principal
Engineer, Suffolk County Department of Public Works, Division of
Waterways.
Councilman Nickles reviewed his report to the Town Board relative
· o the meeting on insurance held with the Supervisor and William
Price of McM~nn Price Agency. Discussion of the Town's insurance
was held, and whether to eXten~ personal injury coverage to all
employees for acts "beyond the scope of their duties" The Board
is opposed to this.~
174 MAY 5, 1981
Discussion was held concerning a letter received from County Comptroller
Caputo transmitting the opinion of State...Comptrotler Regan that the
entire Detectives' Divisie~ of ~ Su'ffoik County Police Department,
should' be funded Countywide through the General Fund. The Board felt
a committee should be formed~to consider revision of the Suffolk
County Charter in this respect. A resolution was placed on the
agenda for the regular meeting at 7:30 P.M.
Supervisor Pell reported that he will be out of town On May 6th
and 7th on a tCour of New England fisheries with the Suffolk County.
Commissioner of Commerce, Sea Grant and other Town supervisors.
SupervisOr P~ll re~0rted that the following action was taken at the
8:00 A.M..police Committee meeting: To 'hire'Michael Fingerle as
a part-time police officer (resolution Placed on agenda); Chief
Cataldo appointed Patrolmen Reiter~ and Burke to the detective division~
Patrolmen Conway, Reiter, Burke and Bannon will be attending the county
detective school; there might be a need for a part-time bay constable;
Patrolman John Clark is attending Suffolk County Scuba Divi~g'~Tr~ning
School (resolution placed on agenda) on his own time, at his own
expense. ' ~
The Board recessed at 12:15 P.M. for lunch.
1:35 P.M. - The Board met with John Guldi, PrincipaI Engineer for
the Suffolk' County Department 'of'Public Works, Division of Waterways,
'and '~rustees Hata~er, Kujawskii Staples and ~outenburgh. Councilman
Drum stated that ~n February he met with the Trustees to discuss creek
dred~in~ ~ro~ects; they studied the charts submitted by Mr. Gutdi on
proposed dredging projects; made'insp~cti'ons of the creeks cad estab-
lished a priority list. Councilman Drum then went to the county and
obtained county dredging permits. Sometime after that a. ~reeze was
put on all fun~ing by the County executive because Of'the budget
cru~ch, this included capitaI ~rO~ects. As 0f yesterday, two of the
proposed projects, 'Corey Cree~-a~d~'Mi'I1 Creek wer~-apPr0ved, plus
Wickham Creek which is a separate permit. Mr~ Guldi said Little. Creek
could probably be taken care of by the small dredge, as well as some
others.--Trustee Stoutenbrugh urged that Mill Creek be taken care of
as soon as possible as it has the l~rgest tern colon~, on Loag Island.--
Councilman Drum said that he:~fid"Mr.~iG~Idi thOught"everything was in
order for commence dredging in'the 'n~ar future,~when-~.he received a .
call from Mr. Guldi stating that he h~d received'a' letter' from the
Town Trustees' saying it was necessary that perm_its be obtained from
them for any dredging w~rk at the mouths of the'creeks. This concerned
Mr. Guldi a great deal, since he was under the'impression, as far back
as February, that Trustee permits would not be'required.--Trustee
President Hataier stated herBQard ne,er.wanted.to embarrass or inter-
fere, but their agency" has, the jurisdiction in this area~ Trustee
Kujawski said their Board should have been consulted concerning permits.
Trustee Staples said that the Division of Waterways should be working
directly with the Trustees and Councilman Drum should be the laison
person between the Trus'tees~ Town Board and County for funding. The
Trustees advised the Board that they are holding a meeting on May 6th
and they will adopt a resolution not to require permits, which' should
take care of the problem this year. However, .they would like the
Division of Waterways to dCa! dir~c~!y with the Trustees in the future
as permits will be requfred next year. Trustee Staples said there are
no pap-ers on file with the Trustees for the proposed projects and
requested ~r. Guldi to supply same so the Trustees can consider where
the spoil is to be placed. Mr. Guldi advised he would do this,, but
if the Trustees decide at this time they are not agreeable with the
location of the spoil, the projects could be dropped for this year,
since he would then have to-make application .to the DEC and Corps of
Engineers to amend the permits, Which may or may not be granted. He
generally applies to place the spoil on both sides of the mouth,
although it will probably only be placed o~ one side, to avoid
possible complications if a property owner'objects to the spoiI
being placed in front of his property. Councilman ~ickles pointed
out to the Trustees that the Trustee permits are limited to one year
and they should take into consideration that the permits from. the
DEC and Corps of Engineers are generally ten year maintenance dredging
p~ermiis and most of them have at least five more years to run. Council-
man Nickles said he feels the Town Trustees should draw up a priority
; and then present it to the Town Board or Supervisor and the~Town
MAY 5, 1981 175
Board should carry the matter forw%rd funding-wise in dealing with the
County Department of P~b~£c WO~ il~rum concurred that the
Trustees should compile a proposed priority..list, but the ultimate
decision concerning the final priority list, including the location
of spoil should remain with the Town Board. The Trustees agreed
with this proposal. They will get a list of all permits and support-
ing data that the County has and study them for the 1982 dredging
projects.
2:45 P.M. -~James .McMahop, Director of the South01d Town .Delinquency
Diversion and PreventiOn Program'addressed the Board concerning his
proposed summer oro~ram for younger children in the communizy. This
proposed program should be able to accommodate approximately I20
youngsters, and he':would bike'to get the applications out. to the
schools as soon as possible. He estimates the cost for the summer
program to be $3,000.00 from the $40,000.00 grant. Mr. McMahon was
asked to work out the details of use of the building with High~ay
Superintendent Dean ~eport back to the Board before moving forward.
Mr. McMahon also advised the Board that the car Ordered under the
9ounty contract for his use is ready for delivery but the necessary
funds are not available in the grant fund.and requested an advance
from Town funds. Supervisor Pell will studz the budget to determine
if such funds are available.
EXEC~IVE SESSION
3:30 P.M. - Chief Cataldo spoke b?iefly to the Board 'concerning
personal matter.
3:40 P.M. - The Board resumed reviewing the agenda.
EXECUTIVE SESS ION
5:00 P..M. - The Board discussed the PBA' contract.
***
A regular meeting of the ~outhold Town Board was held on Tuesday,
May 5, 1981 at the Southold Town Hall,Main Road, Southold, New York.
Supervisor Pell opened the meeting at 7:30 P.M. with the Pledgel~of
A~legiance to the Flag.
Present:
Supervisor William R. Pell, III
Councilman Henry W. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Absent: JuStice Francis T. Doyen
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the' following audited bills be and hereby are ordered
paid: General Fund Whole Town bills in the amount of $19,442.01;
General Fund Part Town bills in the amount of $11,481.10; Highway
Department bills in the amount of $15,366.75; Fishers Island Ferry
District bills in the amount of $31,537.90; Federal Revenue Sharing
Fund bills in the amount of $3,301.71, and Division of Youth - ~DDPP
Program bills in the amount of $308.26.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor PeI1.
This resolution was declared duly adopted~
On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the minutes of the~April 21, 1981 meeting of the Southold
ToTM Boardbe and hereby are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
-Murd°ck, Councilman Nickles, Councilman.Drum, Supervisor Pell.
This resolution was declared duly adopted.
176 MAY 5, 1981
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the next r%gular meeting of the Sou~hold Town Board
will be held at 4:00 P.M., Tuesday, May 12, 1981 at the Southold Town
Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, SuperviSor Pell.
This resolution was declared duly adopted.
I. REPORTS - SUPERVISOR PELL:
1 e month-of March .1981.
2 for thelmonth of April 1981.
monthly report - April 1981.
4. ' ; monthly report - April 1981.
5. ~uperintendent ;, Mr. Dean's monthly report -
April 1981.
6. Judge Tedeschi's monthly report ~ April 1981.
7. Town Cl~erk ~ monthly report - April 1981.
8. ~he ~obins Island C~mmi%tee turned in the final report
the Board in the past week and.'it is on file in the Town Clerk's
@ffice~ and in my office.
9. Councilmen's reports - Councilman Murdock ......
COUNCILMAN' MURDOCK: Last TUesday I went to Albany to testify at the
public. Service Commission's Siting Bo,ard in reference to the.coal,
fired'plant at Jamespor$. However, they were not taking public
testimony. The told us when we got up there, but we did have a two
hour meeting with Mr. Samuel Madison and two people from the DEC in
charge of their environmental-agency,, their enviropmental bureau.
Today I just received a letter from-him which I gave copies to all
members of the Town Board. He acknowledges that they placed .the
Town's resolution on file in the proceeding and he also says that
we will be able to pursue our interests and advance our position
during the process of reviewing the various environmental packages
to be filed by the applicant which is LtLCO and he'~says that my name,
on behalf of the Town, has been added to their mailing list and we
will receive copies of all communications pertaining to the coal
fired plant in Jamesport. As the people know, the Town Board met
at a special meeting last Monday and passed a resolution objecting
to the coal fired plant because of various reasons,~ one being the
effect .of coal on our groundwater, the second being that if they
bring it in by barge the effec~ on the shoreline because of the
jetties where Levon Properties had.jetties and was forced to. take
them down. The effect on our croos and our roofs because of acid
rain from the smokestack emission and the total environmental effect
of a plant of this size in a narrow portion of the Island. Apparently
the Town of Riverhead has received a communication of our objections
because ~there was a phone call to this office from the Supervisor want-
ing to talk to us about our position. UnfortUnately we were busy all
day and I 'couldn't speak to Mr. Jan0ski.--Yesterday Councilman Murphy
and myself were at a seminar on Resource Recovery Procurement and
Financing run by the State DEC and Blyth Eastman Paine Webber, Inc.
It was a very informative meeting. Sometimes probably a little too
technical for me but I can"t speak for Frank. But Lit was at times a
little too technical for. me but very informative about financing both
on a public level and on a private level and it will be very handy
because'next week at the Board meeting we'll have a proposal from
the corporation that wants~to burn-'our'~municipaI solid'waste and
produce electricity in the Town. we will be in a little better shape
to talk to them. I also gave the rest of the Board members a letter
from them addressing their hist~oyy O~.~how their plan has been working
in various places. Thank you.
SUPERVISOR PELL: Councilma~ Drum?
COUNCILMAN DRUM: Yes, concerning dredging of our bay inlets. Since
January the Southold Town Inland W~terways Committe~ has been working
with the Trustees and the county engineer in setting p~iorities for
our.creeks dredging.. In March the coun.ty executive put a ho~d on.all
major expenditures which, of course, included our dredging projects.
We have written several letters to them and been fortunate i~ having
met with County Executive Cohalan last Wednesday and I woul~ like to
report that the funds have been released to the legislature ~or 'the
,dredging of Corey, Ni~l and Wickham.Creeks. I would just tike. to go
on record in saying that I am most appreciative of County Executive
action in.making these funds available to the .le~is-
MAY 5, 1981
177
lature for dredging These are,~ ~.o: the.:dredgtng projects,
however. Today one of the county' engineers John Guld: met with the
Town Board and the Trustees and indicated that we may get the services
of the small county dredge to do Little Creek, Halls Creek and Brushes
Creek. 'If we do get those we'll be in good shape for the summer. Of
course, we still have to get our Legislator Greg BIass to get that
resolution through the legislature next week.
SUPERVISOR PELL: Thank you. Councilman Nickles?
COUNCILMAN NICKLES: The Supervisor received a letter dated April
15th from william MulI~,p who ~as been assisting the SupervisOr in
dealing with insUrance."~olici~ and the ~a~ation .and B~dget' Committe~.
over the past year. Mr."Mullen raised several questions and on the
strength of this letter the Supervisor called a special meeting of
the Budget and Fin'ance Committee for April' 28th at 9:00 A.M. The
Chairman of the Committee, Mr. Murdock was out of Town on business .
in Albany testifying on the Jamesport coal siting plant. The purpose
of this meeting was to meet with the Town insurance agent, Mr': Price
and also with Mr. Mullen. Unfortunately Mr. Mullenwas not ........ available.,
However, we did review the letter submitted by Mr. Mullen poin't by
point with our insurance agent and not to bore you with.all the
~etails of.it, there is a report filed with the Town Clerk and I
think the Town insurance agent satisfactorily answered the questions
that were raised. The report is on file with the Town Clerk and I
don't think it is n'ecessary to go into it.
SUPERVISOR PELL: Thank you. Councilman MurphY?
COUNCILMAN MURPHY: Yes, Bill, I was with Larry most of the time and
the only other thing I would like to add is that ~ attended the two
meetings as the CAST represent, a~iv~ from the Town Board to CAST on
their looking into their problems on heading off any possible race
riots or any further problems. There was a man down from the State
Ed Department who seemed very good, took a lot of input from the
community and hopefully some good will come out of this and head
off any problems'.
SUPERVISOR PELL: Thank you very much. The only things I would
like to report on I will touch on right now. The Town Board did
discuss, today, we had a Supervisor~s meeting of t. he five East End Towns
the other day and we talked 'ahPut the proposed makeup of the new
legislative district. There fs a resolution on today that will
explain our decision, why we went the way we did. The second one
,we talked about at that time was the ruling by the attorney general
on the char~es of the Seventh S~ad. We also have a resolution on
under resolutions to cover that item.
For information sake, I' will be away-..for the next two days~
The supervisors' of the East End, five of Us are going on a tour?of
the ~ew England fishing'communities. We are starting tomorrow
morning in Stonfngton, Connecticut and going to Point Jude Road,
Highland, New Bedford and Boston, Mass. We get home Thursday night.
For me it's a n£ce trip to go on, busman's holiday. I"m looking
forward to it. Our County Department of'Commerce is-going with us
to see if there is any way we can build our fishing industry up on
the east end on Long Island.
Moving on to Public Notices, Councilman NiCkles.
II. PUBLI~C NOTI'CES - COUNCILMAN NICKLE~i
1. ' Notice from the Cor~s of Engineer~ relative to an applica-
tion by the.Town of S'outhol~ for jetty construction and repair and
maintenance dredging at Gull Pond~ Response date is May 22nd.
2. From the New York State Department of~Environmental Conserve-[
.rich. There is a workshop on-problems of ~uisance a&uatic p~ant~ on
May 20, 1981 at l:0G P.M. at the Department's Stony Brook office.
3. SUffolk. County Department of Real Estate has a public hearing
on May 19th, t981 at 10:30 A.M. at Southold Town Hall relative to the
~cquisition of ~ropertv on County Road 48, formerly known as County
Road 27. It is'~p near Yan Duzers and Tryac building~ Anybody that
has been driving through To%n during a rain storm probably is aware'
of a large lake that forms ~here. This is relative to that.
4. Wa have a notice that we are calling for resumes for the
Conservation AdvisorV Council. Three two year terms are available.
Resumes will be accepted until May 15th. -Those members that are
presently serving, that their terms expire, are John B. TuthilI on
June 1st, Rober~ Hood on June 12th and Rachel DueI1 on June 1st.
178~
MAY 5, 1981
5. Also from the DEC. another Complete Application .by Wunneweta~
.'/i'P. bnd Association at Na~s'au~ Point for maintenance dredging at the
i!~ntrance to Wunneweta Pond. Comments by May 20th.
6. Again from the DEC Notice of Complete Application by .Henry,
~Hammerschlag to .construct a one family dwelling and associated
sanitary system in Southold. Commen~s by May 20th.
7. Suffolk County Department of Planning., Notice of Completion
of Draft Environmental Impkct Statement on th~ proposed ~mend~ent to
Suffolk County's Local Law on the prohibition of certain detergants..
Comments may be made by June 1st.
-8.~ From the Department ef Public ~orks. Suffolk County, that
there will be a hearing on Tuesday-, May 12th, 1981 at 8:00 P.M. here
at our Town Hall. This is relative to the reconstruction of Mud,
Creek..D,owns Creek and .West Creek Bridzes, in the Town of Southold.
.~ IT. COMMUNrCAT. I'ONS - SUPERVISDR PELL:
1. Letter from.,Brookhgven sending us the. resolution that they
support the ~tate bottle bit% and dealing Wf£h ~ong--Island toxiq
wastes. 'Looking for other towns-to.join in. support.
~. Letter fr~m.~r. Russell saying h'e '~o~ld like to give to
the community Of ~isher$' I~standl perhaps to ~h.e Town, or whatever,
some land that he owns near West Harbor. It's a ~aseball field and
we will refer that to,Justice Doyen from Fishers I~land to get a
report back to the Board~
3. Copy of a letter to the ~ounty-Exeq from ~oUntv Comptroller
Joseph R. Caputg. This f~s-ve'ry-i~teres'ting and we 'have a resolution
6n fn regards t'o th~s. '~r.. Caputo~s interpretation of the payment of'
the Detectives was correct. -It should b.e' a countywide 'charge. We
will take action on that in the resolution section.
COUNCI'LMAN DRUM: I~might say, if-his interpretation iswithheId it
means a tremendous increase i.n the taxes to the people of Southbld
'Town in particular. Unbelievable~taxincreases~ Itmeans we will be
paying for all the. Detectives-whether we~.use the]ir services or not,
throughout the Town. ~
SUPERVISOR PELL: I~ round-figures, if you want-to'pick_ on figures,
the County Detective Forc~.~ let'~s say the'y cost ten-million dollars
for personal services.. The east end is made ~p of 20% of the asSess-
ment of the county. That mean~s 20% of that 'two' milt£on will be borne
by the five east end towns. Then Sout.hold Town represents approx-
imately,.and these, ffgures~are approximate'but not too'far off, Southold
Town reRresents 20% of that two million, which, is approximately.four
hundred thousand dollars-for the Detective services.' We have a resolution
on in how we would like ~o sit down and work. on this later on in the
agenda. B~t ~it~s- no light' issue to:be' tak.en 'l'~ghtly. we have been
working on this now for about a year, since last summertime we first
met at'the Holiday. Inn. an.d have 'be'en ~oing back and forth on this.
COUNCILMAN ~URDOCK-: Mostly. back..
SUPERVISOR PELL: Most back_] But it's nothing to treat lightly and
something we have to work. on and continue to stay with_.
4. From..Alice Amrhe.in, Spec, tel Assistant to-the Co'unty Executive,,
informing us of some of' the budge.tory cuts that are being made through-
out the .programs of the 'county.. One 'program from thi'rty-four million
to sixteen mill£on. S'he's- just telling us of -all the cuts.
....... 5. A thank you from four gentlemen who I cail .... se~-iors h~lping
_seniors.who helped perform tax return,s~up in the'building on,Peconic,
Lane. They performed more-than double'what they did last year, working
in---~-'~he 'libraries. They were very pleased with the response they got.
They helped over a hundred individuals~complete their returns
6. Contains a memo to the Board~[from James McMaho~n who works
with the~vouth delinquency program and it's' a program that we hope ~o
put in place upon Peconic Lane'thrO~ghOut the Summer months. The Board
zs reviewing it and he is going to get back to us next Town Board
meeting next week with some questions we asked him today. It looks
like it should be a successful program.
7. From Nassau Point Property Owners Association, complaining
about motor bikes on public roads and NassaU Point Causeway. ' This
was turned over to the Police Department.
MAY 5, 1981
179
1. Moved by Councilman Murdock, seconded by Councilman Drum,
WHEREAS, New York State Assembly Bill 2945A, entitled "AN ACT to
increase the minimum catch size of striped bass from 16 inches to
24 inches will be considered by th~ AsSembly, ~nd
WHEREAS, the Stat~/Federai Striped Bass Management Pt~n Draft.has
a stated overall goal "to perpetuate the striped bass resource'in
fishable abundance throughout its range, generating the greatest
possible nez economic and social benefits from its harvest and
-utilization over time", and
WHEREAS, any State legislation should be consistent with the State/
--~ Federal Management Program and their rules and regulations, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby
vehemently oppose any legislation regarding the change of minimum
catch Size of striped bass prior ~o the adoption of State/Federal
Management Program regulations.
Vote of the Town Board: Ayes: (buncitman Murphy, Councilman
Murdock, Councilman Nickles, Councilman-Drum, Supervisor PelI] ..... '
This resolution was declared duly adopted.
On motion of Councilman Murphy, seconded by Councilman Nickles, it was
fRESOLVED thatthe Town Board of the Town of Southold.appropriat~.
$2,200.00 from Joint Youth Account A7320.4 for the purchase of.
equipment and expenses for the Town Recreation Program'
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly. adopted~ .
3. On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED thatthe Town Board of the Town of Southold.amend ,their
resolution, dated February 2~..'1981.establishin~ a minimum annual
salary base and mtnxmum work week for all new employees to be
qualified for coverage under the_medical insurance plan for the
Town of Southold, as follows:
RESOLVED that the Town BOard of the Town of Southold
~'~ hereby establishes, effective February 24, 1981,. a
minimum annual salary base of $5,000.00 OR a minimum
_~ work week of at least 30 hours, for all new employees
to be qualified for coverage under the medical, insurance
plan for the Town of Southold
Vote of the Town Board: Ayes:½ Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly. adopted.
On motion of Councilman Murdock, seconded'by Councilman Drum, it was
RESOLVED~that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Sec%~ion
617.10 and Chapter. 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determine4 that the project, which is
unlisted, ~ill not have a significant effect on.the eqvironment.
Description of the Action:
Application of James H; Rambo~ Inc. for Mattituck Inlet Marin~
for a wetland permit[ ~$rmission is ~equeste~ to main{enance dredge
approximately 2900 ~ubic yard~ of material from various locations
within existing marina and dispose of spoil in a sand pit on southerly
portion of applicant's ProPerty.
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 no response, in the allotted time from
the New York State Department of Environmental Conservation it is
-assumed that there is no objection nor comments by that agency.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
5. On motion of Councilman Drum, seconded by Councilman Nicktes, it was
RESOLVED that the application of ~illiam~P. Ruland,., dated April 14,
1981, for permission to maintain a single family tka~le~ on property
located at the corner of Rout'e 25 and Mill Lane, Mattituck, New York,
be and hereby is renewed for a six (6) month period.
Vote of 'the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, SuperviSor Pell.
This resolution was declared duly adopted.
180 MAY 5, 1981
On motion of Councilman Nickles, seconded by Councilman Murdock, it was
~ESOLVED that the Southold Town Board advance money from the Town of
Southold General Fund Whol~ 'T~n Fund to: the Town of Southold Nutrition
Program in the amount'of $1'0;500%00 to pay the salary of Gerald K~ng,
chef for the Nutrition Program for the year 198].
~ote of the Town Board: .AYes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared dulY adopted.
10.
SUPERVISQR PELL: That is repaid to the Town in full, that $10,500.00,
by the County. But we have to'advance it 5o pay it and then we get
it back,
On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold amend ~heir
resolution dated March t0, 1981 allocating $375.00 from the Genera]
FUnd Whole Town Contingent Account toward the expenses of James
McMahon, Director of the Southold Town Delinquency Diversion and
Prevention Program, to atte~d~a Grantsmanship Training Program;
~900.00 toward thi~ Gr'antsmanshi~ PrOgram to be funded by the '
Criminal Justice Coordinating Council, Riverhead, to read as
follows: . _
AND BE IT FURTHER RESOLVED'that the Town Board transfer
$375,.00 from General Fund Whole Town Contingent Account
A199014 to General. Fu~d w~$~e~wn'Drug Abuse Prevention
Account A4210.4.
Vote of-the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, 'Councitm~n Drum, Supervisor Petl.
This resolution was declared duly adopted.
On mo~ion of Councilman Murdock, secqn~ed by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold authorizes
~ayroll check deduction~ for an employee benefit program known as
The Y.A.N. (Valuable, Affordable; Necessa~y~) Plan, Which provides
for individual life insurance.
Vote o~ the Town Board: Ayes~:' Councilman Murphy, Councilman
Murdock, Councilman Nickles,'Councilman Drum, Supervisor Pell.
This resolution was declared duly' adopted.
On motion of Councilman Nickles, seconded by Councilman Drum, it~ was
RESOLVED that the Town Board of the Town of :Southold supports.~ome
Rule Re~ues~ from the New York State:Senate, Senate bill No. 5~8~,
'entitted'"~iN ACT to amend chapter twO.hundred ~orty-six of the laws
of nineteen hundred sixteen, entitled "An act to enable the towns in
the county of SuffOlk to provide for'the ~xtermination of mosquitoes
knd establishment of districts therefor", .in relation to the amount
of the annual appropriation by the town of Southold for the..Orient
mosquito dSstric~", and be it further - -
RESOLVED'that the Town Clerk be and she hereby is authorized and
directed to complete the Home Ru~e. Request forms and forward-them
to the New York State Senate.
Vote of the. Town Board: ~yes:C0uncitman. Murphy, Councilman
Murdock,' Councilman Nickles, coun~i!~an Drum,. S~pervisor Pell.
This resolution was declared'duly adopted.
SUPERVISOR PELL: Number 10,~ wetland application of Carol Tuthitl.
I would like to first say that I will abstain from this vote because
half of that land is in Carol Tuthitl's name and the other half is
in my wife's name.
On motion of Councilman Murdock, seconded.by Councilman Murphy, it was
RESOLVED that the'Southo!d Town Board~ declare itself lead agenc~ in
regard, to the State Environmental Quality Review Act in the matter of
the application of ~arol.K. Tuthil.~ for a wetland permi~ on certain
property located off east side of Inlet Lane Extension on Gutl Pond,
Greenport, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum.- Abstain: Supervisor Pell.
This resolution was declared duly-adopted.
SUi~ERVISOR PELL: Number 11. .We are .going to wait on that one. We
do not have to do it at this time.
12.
MAY 5, 1981
On motion of Councilman~:EickI~:i~8~,~g~:~b~ C~nncilman Drum, it was
RESOLVED thatthe Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District tO:Set
the ~er annum salary of' its Manager-Secretary Robert P.. Knauf~ at
.$24,000.00 effective May 1, 1981.
Vote Of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
13. On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of t'he Town of Southold hereby authorizes
.... the following transfer within the Fishers Islan.d Ferry District i98~
Budget: $23.53 from Repairs Ferry to B6nded IndebtednesS'.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman ~-
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
14. On motion of Councilm~n Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of South01d hereby 'a~'h~rizes
the Board of Commissioners of theFishers Island Ferry District to
advertise for bid for painting the Fishers Island Ferry District
~uildin~ at'Fishers Island, New York '~ ~-
ore of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution'was declared duly adopted.
-SUPERVISOR PELL: Number 15, I've got a question.
to review that contraci before we~authorize it?
TOWN ATTORNEY TASKER: I haven't looked at it, no~
Bob, do you want
SUPERVISOR PELL: We'll make it subject t.o your review.
TOWN ATTORNEY TASKER: All'right.
On motion of Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby autho'rize~
the Board of Commissioners of the~Fishers Island Ferry'Distric~ to
contract with Alarm Sgcurity ProteCt, ion Co.~ New London~ Connecticut,
for the installation and purchase o~ 'Dlec.tronic surveillance and war~%
ing de¥ices for the New London, Connecticut Terminal and on board the
~/V' Mu~natawket and M/V Olinda at a cost of. approximately $3,500.00;
subject to review of this contract by the Town Attorney.
Vote of the Town Board: Ayes: Councilman Murphy., Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adoptedJ
SUPERVISOR PELL: Number 17 on through 26 you do not have; You~ave
to bear with us. We will try to explain as we go along. Number 17 is
a Proclamation declaring May l0 through May 16th Town Clerks Week.
The ten Town Clerk's of the county met the-other day to form a County
Association. Judy, would you like to say anything about it?
TOWN CLERK TERRY: I'd just like to say that'~his has been tried over
the years many times and it' seems like now aqAssociation will be
successful. It will be very helpful to all?:~f Us, exchanging ideas
and we, at the present time, are working on legislation for a four
year term for the Town Clerk.
COUNCILMAN DRUM: That's great.
COUNCILMAN NICKLES: Would this ~own .Clerk's Associatio~ from time to
time invite the TOwn Board members to t'heir luncheons inasmuch as the
Tax Receivers do? At no charge?
Moved by Supervisor Pell, seconded by Councilman Murdock,
WREREAS~ the Town Clerk, oldest of public servants dating back to
Biblical times, is the hub around which revolves efficient and
responsive local government, and
WHEREAS, as local government has grown in responsibility and importance
through the centuries, so has the commission of the Town Clerk, and
WHEREAS, the Town Clerk provides a direct link between past, present
and future by preserving records for posterity and imple.menting deci-
sions of the legislative body, all the time seeking better and more
efficient ways to do these jobs, and
181
182
MAY 5, 1981 '; '":
WHEREAS, the accurate recording, careful safeguarding and prompt
retrieval of public records are vital functions of this office, with-
out which ef~ficient and responsive local government could not exist, and
WHEREAS, Town Clerks follow a mandate to seek better and more effective
ways to perform those critical reponsibilities in light of the rapid
technological advances of today's, world, and
WHEREAS, in keeping with this mandate, Town Clerks also are dedicated
to continuous professional education.and training, in order to stay
abreast of those advances, now, therefore,
I, William R. Pell, III, Supervisor of the Town of Southold, in
recognition thereof, do hereby proclaim the week of May l0 - 16, .1981,
as " TOWN CLERK' S WEEK"
1 recognition of the outstanding and vital services performed by Town
Clerksl reflecting their d~dicat~ion to Public service for the cd~munity.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
MR. FRANK BEAR: I want to clarify one thing. Our Town Clerk ~f the
Town of Southold does not, herself, date back to Biblical times .....
18.
19.
TOWN CLERK TERRY':- Thank you. .
COUNCILMAN NICKLES: I'd just like to. say that'I would like to remind
the audience that their time to speak is at the end of the agenda, and
not stealing our straight lines.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hire Michael,
.Fingerle as a part-time police office~ at a salary of '$5.0~0 per hour,
effective thi~ date, May 5; 1981.
Vote of the Town Board:. Ayes: Councilman Murphy; Councilman
MurdOck, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly'adopted.
On motion of Councilman Nickles, seconded by Councilman M-ur~ock,
it
RESOLVED that the Town Board of the Town of Southold advanc~ $754.00
was
from the General Fund Whole Town AccoUnt to the Town ~f'Southoid
Nutrition Progra~ to pay the salary of a bus driverlup .to July 'I~ ~981.
CouNCiLMAN NICKLES: I would like. to add that this'is some of the
problems that the Town Board has been facing in the last few mon'ths
with the cutback in the CETA program. This iS another instance where
hopefully,, we have been assured, that we will ~e reimbursed these funds.
20.
Vote of the Town Board~ Ayes: Councilman MUrphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Petl.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 20. I'd like to ad lib a little bit since the
~East., End~ Supervisors_ took a stand on this the other day. Our stand
~aslca±±y was a request that a hearing be het~ in the county seat on
the proposed new legislative district~ that are going to be established.
The one that we read about in the pre~s gives. Southold Town,'-half of
Riverhead Town, a good part of it, biggest half, and Brookhaven Town
to make up What would be known as ~he 2nd Legislative District. Approx-
imately 45% of the vote would come from Riverhead and Southold Township.
55% would.come from Brookhaven Township. We felt strongly about this
at the Supervisor's meeting and we asked that they hold a meeting out
in Riverhead so each ToWn could have a chance to gather its strength,
and go up and protest the proposed change. Our Board~today discussed
it at great length and we tentatively we would like to see would be
Shelter Island Township, Southold Township, entire Riverhead Township
and would take about 45%'of the vote~ne-eded to come from Brookhaven
Township, so therefore no one township would have the majority of the
vote to form the 2nd Legislative District. We discussed this today
and now we are ready to offer a resolutign.
Moved by Councilman Murdock, seconded by Supervisor Pell,
WHEREAS, the Towns of Shelter Island, Southold and Riverhead, in the
County of Suffolk, Stateof New York, have a Strong association based
on factors of heredity and geography; being ~utuatty settled for more
than 300 years and many large families still in residence, and
WHEREAS, the North Fork and. the South .Fork are developing at d~f-ferent
economic rates, largely because of the access to the Atlantic Ocean
and the availability of mere mass transportation on the South Fork,
~ow, therefore, be it
RESOLVED that the Town Board of the Town of-Southold is o_gpposed to the
proposed redistricting of Legislative District I to Legislat~ve'~Distr~ct
II, and. be it further
MAY 5, 1981
RESOLVED that the Town Board of the TOwn ~f Southold does request that
for practical and aesthetic values the Towns of Shelter Island, Southold
and Riverhead be allowed to remain in the same legislative district,
whatever its number shall be.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdohk, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 21 is what..Councilman Drum spoke on earlier.
The 7th Squad, the police charge.
Moved by Councilman Drum, seconded by Councilman Nickles,
WHEREAS, there has been much discussion and controversy concerning
the Seventh Squad Detectives of the Suffolk County Police Department
during'the past year, and
WHEREAS, there_has been considerable concern as ~o what really'is
the proper and legal method of funding, and taxation as dictated by
the Suffolk County Charter, and
WHEREAS, it is the opinion of the New York State Comptr~ier that
the entire DetectiVes' Division of the Suffolk County Police Depart-
ment~ should be funded Countywide through the General Fund, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold recommends to
the Suffolk County Executive and Suffolk county Legislature'that a
committee be formed comprised of each of the ten Town Supervisors,
the County Executive, the Presiding Officer of the County Legislature,
the Police Commissioner of the Suffolk County Police Department, and
the Suffolk County Comptroller, to determine the most equitable method
of taxation for all concerned; perform a thorough analysis, taking
into considerat'ion the methodology used in the past, as well as project
what future implications any new Taxing method will have on the County
as a whole, and then implement the appropriate Charter change to reflect
such findings.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
.... Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 22. Today I asked the Board to start in
putting the ~ustice court in Cutchogu, e back o~n the tax roll and they
have a resolution prepared.
22. On motion of Councilman Murphy, seconded by Councilman Nicktes, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby is
authorized and directed to retain the services of a real estate
appraiser for the purposes of securin~ an a~praisal of Town ~stice Court
Building located on the Ma~n Road, Cutchogue, New York. ~
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pelt.
This resolution was declared duly adopted.
23.
On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED'that the Town Board of the Town of Southold authorizes Police
Patrglman John E. Clark to attend the Suffolk County ~cuba Diving
'Training School.
Vote of the Town Board: Ayes: Councilman~Murphy, Councilman
Murdock, Councilman Nicktes, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 24 is covering for the New Suffolk Avenue,
Mattituck road they are doing work on.
24.
On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED thatthe Town Board of the Town of Southold accept the bid of
- Muirfield Contracting, Inc., 16 Heath Place, Garden City, New York, for
~urnishing and pi.acing' base ~ourse asphalt concret~ type IA (approx-
imately 925 tons) on ~ew Suffolk Avenue, Mattituc~, New York, at a bid
price of $31,616.50.
Vote of the Town Board: Ayes: Councilman ~urphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly.adopted.
184
MAY 5, 1981
25.
On motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold accept.thq
~20.000.00 Treasurer,s Check from C..W. Booth as a bond for roads
and improvements in the subdivisio~ known as "Mt. Beulah Acres,, and
the Supervisor be instr6cted to place this money in an interest bearing
day of deposit-day of withdrawal~account.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 26. Resolution concerning our Assessing
Department.
26,~ Moved by Councilman Nickles,. seconded by Councilman Murdock,
WHEREAS, an action is pending in the Supreme Court of the State of
New York in the matter of St'. peter's Evangelical' Lutheran' ChUrch v.
Melville A. Kelsey, Jr., et ~1, con'sis~ing ~he Bo'ard o~ Assessors of
the Town of Southold, and
WHEREAS, Respondents, BOARD OF ASSESSORS, crossed-moved for summary
judgment dismissing the Petition of the Petitioner, and
WHEREAS, Hon. ARTHUR Mi CRO~&RTY, Justice of the Supreme Court; denied
the motions of both parties for summary judgment on the ground that the
"issue~of good faith" could only be resolved at a trail and nor on
papers submitted, and
WHEREAS, it was only the Petitioner who raised the issue of good faith,
which clearly, can only be resolved at a trial of this action, and
WHEREAS,' Respondents crossed-moved on the grounds that the type of
activity proposed by the Petitioner was not a religious activity under
Section 421 of the Real Property Tax Law, and that failing such, the
proposed activity did not also qualify as a charitable activity within
the meaning of the same Section of law,
WHEREAS, it is deemed advantageous and necessary for the Respondents
to appeal the denial of' Respondents' cross motion for summary judgment
to'the Appellate Division o~ the Supreme Court., now~itherefo~e~ --
BE IT RESOLVED, that RICHARD J. CRON, ESQ., as attorney for the
Respondents, BOARD OF ASSESSORS.OF THE TOWNOF SOUTHO~D~i~-?'be
to immediately appeal the denial of Responden%S'icroS~ ~otion for
summary judgment to the Appellate Division of the Supreme Court,
Second Department. -
Vote of the Town Board: Ayes:~ Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: That completes the prepared agenda. Does any
Councilman have anything they wish to bring up? Larry?
COUNCILMAN MURDOCK: I'd like to remind everybody that on Friday
night at 7:30 in Southampton Town Hall will be a hearing or a public
hearing by .Congressman Carne~ in relationship 'to the .Pine Barrens.
There is a movement afoot to try and have the Pine Barrens preserved
as part of the preservation of Long Island's groundwater. It's
particularly to Southold Town. I learned at a meeting the other day
that the County Department of Public Health has long range plans '
of eventually bringing water to Suffolk County and they propose to
bring it---I'm sorry, not to Suffolk County but Southotd Town, .and
they propose to bring it from-the Pine Barrens if the Pine Barrens
is acquired and preserved. So I think it would be important to
people of Southold .Town to be there to put their input in.
SUPERVISOR PELL: Councilman Drum? Councilman Nickles? Councilman
Murphy? Flo'or is open to you people here. Anyone wish to address
the Board? (no response). Motion is in order, gentlemen.
On motion of Councilman Drum, seconded by Councilman Murphy, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 8:25 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Coun~ilma~
Murdock, Councilman Nickles, Councilma~ D~m,'Snpervisor Pell.
This resolution was declared~dnly a~pte~.
Town Clerk