HomeMy WebLinkAboutTB-05/26/1981196
SOUTHOLD TO}~-N BOARD
May 26, 1981
WORK SESSION
9:10 A.M. - Dr. Herbert Arm, President of the Southold Little
League Association, accompanied by Harold Wilkins, advised the
Beard that he is endeavoring to work out an agreement with the
Southold School to utilize property at the far end of the school
grounds for three Little League fields, to replace the ones that
they presently use and are on private property in Peconic. Dr.
Arm requested aid from the Town to help build the fields. The
Board ms in agreement with the proposal, subject to review by
the Town Attorney, and Highway Superintendent Dean said he would
be more than willing-to aid in this project by grading the prop-
erty for preparation~for the fields, but could not begin the
work until fall. A letter of commitment stating the Board is
in agreement with the proposal will be forwarded to Dr. Arm.
9:20 A.M. - ~Lb~ and Paul Fink of Pan Tech Management
met with the Board for guidance relative to unsuccessful bidding
for the reconstruction of two libraries for handicap facilities.
A Notice to Bidders was placed in the local newspapers for a bid
opening on April 30th and no bids were received. Mr. Fink has con-
tacted six local contractors directly in recent weeks and none
have been interested in doing the work. Mrs. Mizzi and Mr. Fink
asked the Board whether they should go to bid again locally or
in the western part of the Island, contact individual contractors
again or contact the firm that is doing similar work in Babylon.
They were advised to try contacting local contractors once again.
Mr. Fink informed the Board of a federally funded program known
as the Neighborhood Parklan~ Acquisition Program primarly for
the acquisition of vacant land. He said the property at the
Mattituck Inlet is tailor made for this funding which is 75%
of acquisition costs up to 24.9 acres. Councilman Nickles said
the Board has not made a decision t.o buy the Inlet property and
further, the County Planning people axe mecommending a marine
type facility and this is a park program, Mr. Fink~reminded the
Board that there is money set aside in the Community Block Fund
for recreation. The Board recommended to Mr. Fink that he meet
with the Mattituck Inlet Advisory Committee.
9:45 A.M. Supervisor Pell advised the Board he must leave the
meeting to attend a funeral and then speak before the County
Legislature in Riverhead concerning ye~p_p0rtionment, t~ be
presenting the Board's resolution of May 5th requesting that the
Towns of Shelter Island, Southold and Riverhead be allowed to
remain in the same legislative district, whatever its number
shall be.---He advised the Board Mayor Hubbard was in to see
him earlier in the morning'and would like to pick up the S10,000.00
owed to the Village of Greenport. Supervisor Pell said there is
money in the Contingent Account to pay this debt, leaving a
balance of $12,000.00.---The Board agreed on 7:30 P.M., Tuesday,
June ~, 1981 for an informational hearing between H2M, the Southold
Town Board and the Village of Greenport concerning the 201 (Scavanger
Waste) Study.
Councilman Murdock handed the Board members a proposed agreement
from Energy Development Corp. to construct and place into opera-
tion a Municipal Solid Waste disposal and energy recovery facility
at the Town's landfill site.---Councilman Murdock also advised the
Board that Energy Development Corp. has agreed to take the Town's
liquid waste.
Discussion was held concerning a request by the North Fork Environ-
mental Council for Mr. Martin Garrell ~o accompany the Board to
Mt. Laurel on June 2nd for a demonstration of the solid waste
facility there. Councilman Murdock said that it would be illegal
for the Town ~o ~ransport Mr. Garrel! at Town expense. Councilman
Nickles said if it were permissable to open this trip to the public,
MAY 26,1981 197
then it should be made available to other groups in the community.
Councilman Murdock further stated that Trofe objects to Mr. Garrell
being present as he may be a consultant or have some contact with
an engineering firm and they are concerned about their process and
will not permit a private citizen to view the demonstration, unless
Mr. Garrell's presence is recommended by the Town Board. It was
the determination of the Board that Councilman Murdock ask Trofe
for permission to permit Mr. Garrell to attend the demonstration,
however, he must arrange his own transporation.
Councilman Murphy stated that he feels there should be more public
involvement in the proposed municipal solid waste proposal by
Energy Development Corp. Incineration has a rotten record; what
makes this particular process so good? There should be more study.
Councilman Murdock said the industry itself has come a long way in
recent months; Councilman Nickles asked if the Disposal Committee
is examining alternatives; and Councilman Drum said H2M has been
studying this problem for over two years, which would indicate
considerable study has taken Place, at a considerable cost to the
Town.
11:10 A.M. - Mrs. Maria Tejo, President of the North Fork Animal
Welfare League spoke briefty to the Board concerning numerous
calls she has received recently relative to'racoons on private
property. Mrs. Tejo was advised that individuals should be
referred to the N.Y.S.D.E.C. if the wildlife is on pr.irate
property. Certainly the police nor the North Fork Animal Welfare
League can be expected to handle the problem. She said she has
had poor response from the D.E.C. when calling them on this problem.
Chief Cataldo, who was also present, said this is a matter for the
D.E.C. Wildlife Bureau and Councilman Murphy (Deputy Supervisor)
stated he woul~ request Supervisor Pell to write a letter to
Stony Brook requesting service in Southotd Town.
11:30 A.M. - C~ief Cataldo. ~ancitman Nickles asked the Chief
if he would report on a letter received by the Town Board concerning
accidents at the intersection of Route 48 and Westphal~a Road,
~attituck. The Chief said that he made a study of the records
and found seven accidents at that intersection in the past three
years. One accident had nothing to do with the intersection,~ five
of the accidents involved traffic going south~on Westphalia and -
one involved traffic, going north on Westphalia. Only two minor
injuries were sustained in all of the accidents~ and those were
on April 27 & 28 of this year. The other four accidents ~had no
injuries. Each of the accidents occured on a clear dry day, ]during
daylight hours. The Chief was asked if he had a County Departmen~
of Public Works survey and he replied he did not. He will request
a survey of the intersection by Roger Meeker, Chief Engineer.
The Chief advised the new police cars have arrived at J. J.
Hart. One is in the process of being transferred over but it wil~
be between ~wo and three weeks before all of the new cars are on
the road.
The Chief requested that the Town Board adopt a resolution for
hiring seasonal police'off~Cers: Michael F~ngerle, Raymond VanEtten,
· Howard W. Sawicki and ~ichael Finneean. Their starting date will
be June 1st through September 7th. He also requested that U'la~'de
Kumjian, Radio Operator, be given a leave of absence to work as a
seasonal police officer. The Board will discuss placing these
resolutions on the agenda.
Chief Cataldo informed the Board he will be on vacat'iOn for
two weeks beginning June 5th and when he returns he will be%aking
a trip to Albany ~o find out about his retirement status.
Councilman Nickles discussed emergency'beepers for attendants
at the beaches. Chief Cataldo will look into this possibility.
Recess for lunch at 12:15 P.M.
Work session reconvened at 1:30 P.M.
Supervisor Pell reported that he spoke before the' S~olk' Uonnty
Legislature requesting that Shelter Island, Southold and Riverhead
remain together in the 1st Legislative District, He said Supervisor
Janoski of Riverhead said the same and Supervisor Fallon of East
Hampton was appreciative of the fact Shelter Island should be with
the North Fork rather than the South Fork,
198 MAY 26, 1981
1:40 P.M. - Barbara Townsend from the New York ~= ~
u~ate Office of
Mental Retardation and Developmental Disabilities spoke with the
Board concerning their proposed program for Southold Town. Their
main goal in working with any of the townships and villages is to
conduct themselves in a cooperative fashi:on to try to bring about
the services for the area that will bring into existence the
services and living area for the individuals in Suffolk County,
and work to the future to be able to answer the needs of the
developmentally disabled. They work with other areas of need
such as epileptics, cerebral palsy, neurological impairment and
brain damaged. Ms. Townsend stated they use the federal standard
in determining what the developmental disability population is.
Three percent of the total population is developmentally disabled.
Of that three percent, nlnety percent live and work among us and
ten percent of the three percent demands the total support of
society. Ms. TOwnsend said that the proposed residence on CR48,
is still an option and they are trying to close on the house by
accelerating the process and they are in the design phase of the
project. The home on Short Road has been pulled from consideration
in the program, as has the one in Orient-By-The-Sea. The alternate
house in Orient is being studied as a rental. OMRDD presently has
two homes with 16 people in residence in the Town, one on Boisseau
Avenue, Southold and one in Greenport. They are projecting the
establishment, before the end of 1982, of possibly three more homes
in the Town. It takes approximately 18 months to open a new home.
Councilman Murdock asked how many more homes after 1982 do they
anticipate in the Town which will be taking property off of the tax
rolls? Ms. Townsend said that there is presently a bill before the
legislature to give back a tax credit for houses taken off of the
tax rolls. This will come under Section 41.34 of the Mental Hygiene
Law. There is also a supplementary amendment that provides that
when state owned propert.~ which is utilized for a residence for
OMRDD, and the program should cease to exist, the house is to be
put back on the market. She said that beyond 1982 she would like
to sit down with the Town .Board and let them become a part of
the planning process. Councilman Nickles asked if emotionally
disturbed individuals come under the OMRDD program? Ms. Townsend
said OMRDD does not work with emotionally disturbed and there are
no community residences for the emotionally disturbed under their
department. Councilman Drum questioned the fact that none of the
people in The Boisseau Avenue house are from Southold Town and
Ms. Townsend had assured the Town Board sometime ago that at least
50% of the residents would be from this Town. Further, he feels
that g0% is not enough. He feels all of the people in Southotd
Town should be taken care of before opening it up to people from
other townships. Ms. Townsend said that the home on Boisseau
Avenue was turned over to the Association for the Help of Retarded
Children and what they did was fill the home with people on their
own waiting list and local people were not considered. She-pledged
that before she assigns a home in the future she will be certain
the residents of Southold Town are given first consideration.
Supervisor Pell suggested that when homes are established in,other
townships that some of the res.idents on Boisseau Avenue be moved
out to make room for Southold residents. Ms. Townsend said she
would try to negotiate this with the Association. Councilman
Murphy asked how a site is selected. Ms. Townsend said the took
for the larger home with good plumbing, electrical, etc., ~here
th~ home is located. A home out of the village area ~vould be
suitable for lower functioning people who ~ould not go into the
shopping area. A home near local facilities is ideal for higher
functioning individuals. Councilman Murphy asked how the homes
function. Ms. Townsend explained that there are in~ernai review
mechanisms. Each house that is in operation and given a license
by her office is audited by her office and Albany. In conclusion,
Ms. Townsend said she hopes to have realistic figures of those
individuals in need of services in Southold Town before she meets
agafn with the Board. She would like a Community Advisory Board
established. Her commitment to the Town Board is that she will
svrongly work toward servicing the people in the Town of Southold
before servicing any other grouping.
]~XECUTIVE SESSIO~N ~
- (2:~-:55 ~ M - mhe ~oard discussed
MAY 26, 1981
199
A regular meeting or,he ~oath~ld~"T~ Board was held on Tuesday,
May 26, 1981 at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Pc!3 opened the meeting at 3:15 P.M. with the
Pledge of Allegiance 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
Highway Superintendent Raymond C. Dean
On motion of Councilman Drum, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the May 12, 1981 meeting of the Southold
Town Board be and hereby are approved.
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 Murdock, seconded by Councilman Drum, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 7:30'P.M'.,'Tuesday~ JuneI 9~'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. Report from' North Fork Animal League. i see under the
letter it says Southold Town Animal Shelter,... Ont.,contract is
with North Fork Animal League. (Month of' ~pk~'l 1981.)
2. Councilmen Reports.
COUNCILMAN MURDOCK: Yesterday, which happene~ to be the holiday]
the Town Attorney Robert Tasker and myself had a meeting with the
principles of Energy Development Corp. to discuss their' tenta't'ive
contract for them to provide a copy to us to review by our Town
Attorney so that next week when we go to New Jersey we will be a
little more conversant with their terms. That was done yesterday.
COUNCILMAN DRUM: The Building, planning', zoning' Board C0~im'i~ee
comprised of John Nickles and myself did meet on the 2tst.of May
with the various departments and we are looking at revision' to
our Code and it is a long tedious process. We've got a long way
~o go but we've made progress. . .........
I might say that Mr. Peter' c0hala~, county'.Exeeu~ive, publicly
committed himself to see that our creeks are ~re~ged' this' summer.
COUNCILMAN NICKLES: A short report on our beaeheS~. -.Mr. Dean has
initiated the Nature AssiSted BeaCh Enhancemen~ P~0gram which I
went down to look at the other day and seems to be coming along
very nicely. On Thursday afternoon probably wind that up with a
second application, and later on in. the month of June the beach
will be groomed but it looks like the sand is building up and
it is accomplishing what we intended to do to restore..that beach
so that it will be usable this summer. (Kenney',s Beach).
On the telephones, Bill, continuing saga. I have been in
touch with the salesman from the telephone company and they're
not very cooperative. Down at NeW'Suffolk they indicate there
are already enough pay phones in the vicinity and the only way
we could spring one is by convincing one of the entrepreneurs
down there that a pay phone to release it to let it go do~n
there to the beach. However, I spoke to Chief Catatdo and.he
i~ looking into a system that we may have a small' transm~it~er
at the beach in the event of an emergency that could be pressed
and send a transmission vo the police house and they will know
to respond to the beaches.
200 MAY 26, 1981
Also, you asked me to speak to Ass~mb'lyma~ Behan about the
ARLM System. I did and he checked with~his sources and finds
that if we enter into the ARLM System we will not be committing
ourselves to the 100% Program. If we accept the $2.00 payment
reimbursement, part of the $10.00 reimbursement on 100%, that
will also not commit us and I guess in light of the recent svudy
bill there may not be any 100%.
On the Dog Pound, in an effort to get things moving, I spoke
to Bob Tasker and he drew a tentative' ~Ontract which we submitted
to the North Fork Animal' We'l~are League for them to review and
Mrs. Tejo was in today and [ hope before the 19th she will sit
down with us and resolve any of our differences.
COUNCILMAN MURPHY: Yes, I'd just like to add one thing to John
on the transmitters that he has been looking into. Another
potential use of it in discussing with the police chief, would be
to move them around to skating areas or various other locations at
difference seasons of the year. It sounds like a good way to go.
Also, the H2M Cg~pOration submitted their specifications and
we will be going out to bid for the additional' Street lights. It
is being reviewed by Henry Drum now and we will be getting back to
Ray Dean.
SUPERVISOR PELL: And for myself, two meetings I would just like
to comment on. One of them was the Te~ Town Superv~'sor"s
Meeting last week in Sayville. We are still trying To get the
County to spring with some of their sales tax. Another meeting
will be held before June 1st with our County Exec and his staff.
There is a slight ray of hope but not much that they might do it.
The meeting they had last time was at~ended by two thirds. The
County Exec's staff was there, we had three supervisors there,
but the legislature representative sent one aid there and the
three people assigned to it didn't show up so therefore we are
having another meeting. Must have fallen on a bad day or they
had something else planned and we didn't realize it and they
didn't tell us about it.
The other one was a meeting this morning I attended, represent-
ing Southold Town with the county Legislature pertaining to the
legislative district that wi'll be revised. Last week the five
East End Town Supervisors all agreed to go before the Legislature
today. We all were there except Supervisor Lsng from Southampton
Town who did not go up or send anyone to represent him. But
basically the four.towns that were there said all the same thing.
What Southold Town before said on May 5th, that we believe Shelter
Island should be included in what is going to be known as the 1st
Legislative District, ours. That district should be made up of
Shelter Island, Southold and Riverhead and approximately 43% would
come from Brookhaven Township, of the number of people you have to
have in the district. 42-43%. If they leave Shelter Island out
of it, 47% would come from Brookhaven Township. We feel Shelter
Island belongs with Southold Town or the North Fork side, and
we also feel that 47% would be, in a matter of a years time, with
the growth being to the west end of our area and east end of
Brookhaven Township, they could be outvoting us therefore we
should be controlled by the west end. .The Legislature was very
nice this morning, they listened to the four of us. Of course,
no commitments were made and them are going to hold a meeting,
I think it is June 10th to discuss it on that day. Those are
the two things I have to report on.
One other thing I would like to say, over this past weekend
I was, representing your Town, I had more invitations to go every-
where and I went to one ceremony and I Think it was the nicest
one I have attended. It was right across the street in the
Presbyterian Church. A young boy bY the name of Rick Ryan became
Eagle Scout. Only two percent, approximately, of-'all the boys who
enter scouting ever attain that rank. Whatever Rick had to do, if
he had to get 25 badges, the kid got 32. If he had to do ten of
this,~he ki.d did 15. He is really a remarkable boy and I have been
to six or seven Eagle Scout awards and if I had to pick any, Rick
Ryan was the best. He is a fellow I think you don~t hear too much
of these types of boys in our youth, t was impressed with him,
with the ceremony. I believe he lives in Laurel or Mattituck.
It was a fantastic presentation they bestowed on the boy and one
that I was proud to partake in.
MAY 26, 1981 201
II. PUBLIC NOTICES
1. From the New York Stele Dep~rtm~t of ~viro~m~nf~!
Conservation, an application by Robert Wissman to construct a
timber bulkhead, ramp and float in Gull Pond. Project site is
located at 800 ft. south of North Road on Gull Pond Lane.
2. From the Corps of Engineers. Three applica~on one
application and each wish ~o put out an 85 ft. low profile timber
groin over at Great Hog Neck in the vicinitv of Bay Haven.
3. The following creeks in the T6wn of Southold will be
closed for the purpose of planting uncer~ified clams during the
following dates: Hallock Bay, Orien~ from June 5th through
July 5, 1981. Arshamomaque Pond from May 29th through June 29th,
and Goose Creek~ Southold from May 29th t. hrough July 5th.
All of these notices are with the Town Clerk if you wish to
get more information.
III. COMMUNICATIONS - SUPERVISOR PELL:
1. Request for a street light which will be turned over to
the Street Light Committee. (John Apuglise, 2440 Stanley Road,
Mattituck.)
2. Suffolk Sanitary Code which pertains to part of Riverhead
and Brookhaven Townships. Doesn't pertain to Southold, just River-
head and Brookhaven Townships.
We are running way late today, let me apologize for that. We
had what is known as C.S.E.A. contract negotiations going on. We
spen~ a lot of time on tha~ today. We had other people here and
we are jus~ running behind.
3. Local Law pertaining to the acquisition of development
rights in agricultural lands. This is counzv resolution no. 285,
Local Law No. 16.
4. Results of a trip that I made with the County East End
officials saying there ms a seminar on Waterfront Development
June 18th through 19th in Portland, Maine. I was not here today
when it was discussed. But I guess the Town Board doesn't want
to send me up there.
COUNCILMAN NICKLES: I don't know that we would qualify, Bill. It
indicates it is for distressed areas. Greenporz might, however,
though.
5. Hurricane Briefing ~o be held on June 16th. Southold Town
will have somebody there.
COUNCILMAN NICKLES: We decided the Supervisor would go because he's
the Director of Emereencv Preparedness in the Town.
SUPERVISOR PELL: I will be glad ~o go. On my note here I wrote,
Hank Drum should go.
6. This is something from the office of Ken LaValle and some-
thing that we had to look a~ very carefully. John, do you wan~ to
comment on this?
COUNCILMAN NICKLES: Yes~ I would commenv on this. I don't know
if everybody in Town knows this, but certain the Town Board members
were aware that after the Hellestein decision in 1975 all the
assessing units in the Sta~-~--6-f-New York maced the problem of
ending their fractionalization and assessment procedures and going
to 100% of full market value. The Assembly has been wrestling with
this problem for six years and this is the closest they come to
resolving the problem which is they have taken the three pieces of
legislation and made a uni-bill out of it, kind of amalgamation of
these three and if they pass this it will be up to each assessing
unit or the legislative body in each assessing unit area, ~t would
be the Town of Southold, the Town Board, to make the determination
of whether we want to go with full value assessment, making legal
the presen~ system we do, which is a fashion of .fractionalization,
or going to a classificati.on system. If the legislature passes
this bill we would have 90 days vo make a decision. If we m~de a
decision that wouldn't preclude us from sometime in the future of
changing our decision and going to another form of assessing. I
have read in the papers that the state legislators have been
criticized for not making a decision, but on the other hand I always
hear the local officials saying, we wanv home rule and why are you
202 MAY 26, 1981
taking home rule away from us. I don't know the motivations of the
assemblymen but if it was to meet the cry of home rul'e I'm certainly
in agreement this would give each town the opportunity of selecting
the assessment method most practically and inexpensively To meet
their area. So in that sense I applaud the legislators, although
some people are criticizing them for not making decisions. Maybe
some town people running for office don't want to make the decision,
maybe the legislators don't, but I think that we are always talking
about home rule and if they pass this we'll have to bite the bullet
and make the decision and I think that's the way it should be.
COUNCILMAN DRUM: John, I think we on the Town Board who have been
on the Town Board for the last couple of years were smart, at least
in my opinion, in not making the decision to go ahead with this
full assessment. I think we were smart to withhold and not take
action the past two years. At least that's my personal opinion.
This more or less proves it. We saved money anyway for two years.
SUPERVISOR PELL:
7. A letter from our Assemblyman Behan saying that in Brook-
haven Town they have established a committee to help 'select 'homes
for the Office of Mental Retardation. He said it might be a good
line of thought for us to consider. We are talking about this right
now but no action at this time.
8. Letter from Mrs. Gannon pertaining to the 'dog license
procedure which we will review,
~. County Exec. is fighting the New 'York 'Telephone rate
increases. Nassau and Suffolk County Execs ~olntly decide~ ~wo
months ago when this first came out to fight this on a joint basis.
This letter is asking people from the municipalities to come and
testify at a hearing being held on May 28th in Hauppauge, I will
talk to our County Exec and see what he is looking for, his attorney
David Gilmartin. If needed, I will be there--somebody will be
there.
10. Letter from David Kapell offering his' services to the
Town as a consultant on federal' 'funding programs.
COUNCILMAN MURPHY: If you will set it up, Bill, for him to come
to a work session.
SUPERVISOR PELL: I will so invite Mr. Kapell.
11. Letter from North Fork Environmenta'l C'ouncil reference
visit to the Trofe--- What did you ~ellows do?
COUNCILMAN MURDOCK: The first part of the problem is that the
Town cannot offer a citizen access to Town vehicles or Town trans-
portation. It's contrary to the best interests of the public to
do that and the other part, we will contact the people involved
at Trofe Roc-A-Jet and tell them that as far as we are concerned
Mr. Garrell, if he choses to go on his own, is welcome on our
behalf. The basic part of the problem still is that we cannot
take people who are not employees of the Town au Town expense
when we go to these demonstrations or public functions.
SUPERVISOR PELL: Then you are going to notify Mr. Garrell and
Mr. Trofe of this?
COUNCILMAN MURDOCK: Yes, we will.
IV. HEARINGS & DECISIONS (none)
V. RESOLUTIONS
On motion of Councilman Murphy, seconded by Councilman Nickles, it was~ ~
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 23rd day of June, 198I at 3:30 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 to amend Chapter 32
of the Code of the Town of Southold in relation to enforcement of
the provisions thereof'r, which reads as follows:
MAY 26, 1981
203
,,LOCAL LA~I ~>t~t; · 4
A Local I,aw to amend C..mpter 32 of the Code of the Town of Southo!d in relation
to enforcement of the provisions thereof.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 32 of the Code of the Town of Southold is hereby amended as follows:
I. Sections 32-13; 32-22 and 32-39 are hereby repealed.
II. By adding a new Article thereto, to be Article IV to read as follows:
ARTICLE IV
ADR'IINISTRATION AND ENFOlZtCE1V[ENT
§32-40 Enforcing Officer.
~32-41
It shall be the duty of the Bay Constable and his deputies and assistants
~o administer and enforce the provisions of this chapter.
Notice of violation.
A. Whenever the Bay Constable has reasonable grounds to believe
that operations regulated hereby are being conducted'in violation
of the provisions of this chapter or not in compliance with a per-
mit issued pursuant to this chapter, he may notify the owner of
the property,-or the owner's agent or the person performing such
operations, to suspend all operations, and any such person shall
forthwith cease operations until such notice of violation has been
rescinded.
?
t3. Such notice shall b'e'in writing, shall specify the violation and
shall state the conditions which must be complied with and the
time within which compliance must be completed before operations
may be resumed. Such notice shall also inforrn the person to whom
it is directed of his right to apply for & hearing before the Board
of Trustees of the Town of Southold, as hereinafter provided.
Such notice shall be served upon the person to whom it is directed
by delivering it to him personally or by posting the same in a
conspicuous place on the prsmises where operations are~being
conducted and mailing a copy thereof to such person by certified
mail to his last known address.
Do
The Bay Constable may extend the time of compliance specified
in the notice of violation where there is evidence of intent ~o comply
within the time specified and conditions exist which prevent
immediate compliance.
In the event that the person ~pon whom a not[ce of violation has
been served shall fail ~o comply with said not~cc within the time
specified therein or within the time specified in any extension of
time issued by lhe Bay Constable, any permit issued ~o such person
pursuant to this chapter shall be deemed revoked.
~32-42. Hearing on violation.
Ao
Any person affected by a notice of violation issued pursuant to
the preceding section hereof may request and shall be granted
a hearing before the Board of Trustees, provided that such
person shall file a written request therefor with the Town Clerk
within ten (10) days after service of the notice of violation.
Such request shall have annexed thereto a copy of the notice of
violation upon which a hearing is requeSted and shall set forth
the reasons why such notice of ~iolation should be modified or
rescinded.
204 MAY 26, 1981
(a)
(b)
(c)
Bo
The-Tov~n Clerk shall present such request to the Board of
Trustees at.lis nex~ regular meeting. The Board of Truslees
shall set a time and place for st!ch hearing and shall give the
person requesting the same at least five (5) days' notice of the
time and place thereof.
At such hearing, the person requesting the' same, or his repre-
sentative, shall be given an opportunity to show cause why such
notice of 'violation should be modified or rescinded. After such
hearing, the Board of. Trustees may sustain, modify or rescind
such notice of violation, or revoke any permit previously issued,
and shallspecify the reasons therefor.
The notice of violation for which a hearing is request'ed shall
continue in effect pending the :hearing and determination of the
.Board of Trustees.
§32-43. Penalties for offenses.
For every offense against any of the provisions of this chapter
or any regulations made pursuant thereto, 'or failure to corr~ply
xvith a written notice or order of'the Bay Constable within the time
fixed [or compliance therewith, the owner, occdpant, builder,
architect, contractor or their agents or any other person who
commits, takes part or assists in the commission of any such
offense or who shall fail to comply with a written order or notice
of the Bay Constable shall, upon conviction thereof, be guilty of
a violation punishable by a fine not exceeding two hundred fifty
dollars ($250.00) or imprisonment for a period not to exceed
six (6) months, or both such fine and imprisonment. Each day's
continued offense shall constitute a separate, additional violation.
Section III.
In addition to the above-provided penalties, the Town may also
maintain an action or proceeding in a court of competent ~risdictic%~i
to compel compliance with or to restrain by injunction the-iViola-
tion of this chapter.~
This Local Law shall take effect irmmediately.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pall.
This resolution was declared duly adooted.
On motion of Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold reappoint John
B. Tuthill as a member of the Southold Town ConserVa'tion Kdvisory
Council for a two year term, effective June 1, 1981 through June
l, 1983.
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 Murdock, seconded by Councilman Drum,
RESOLVED tha~ the Town Board of the Town of Southold reappoint
Rachel C. Duelt as a member of the Southold Town Conservation
Advisory Council for a two year term, effective June 1, 1981
through June 1~ 1983.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pall.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Murdock,
RESOLVED that the Town Board of the Town of Southol4 reappoint
Robert Hood as a member of the Southold Town Conservation
Advisory Council for a two year ~erm, effective June 12, 1981
through June 12, 1983.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pall.
~ms resolution was declared duly adopted.
it was
it was
MAY 26, 1981 ' ~. 205
On motion of Supervisor Pell, seconded By Councilman Drum, it was
RESOLVED that the application of Geraldine Davis, dated May 4,
1981 for the renewal of her trailer permit at ~
~e south side of
Sound Avenue, 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.
On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold grants
permission to the United Fire Company No. 1~ Cutchogue Fire
Department, to use Town roads for its annual P~rade and Drill
on July 18, 1981, 6:00 P.M. (rain date July 19,' '~981, 2:00 P.M.),
provided they secure the necessary insurance to hold the Town
of Southold harmless.
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 Murphy, it was
RESOLVED that pursuant to Article 8 of the Environmental Conserva-
tion Law State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of theTown 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 ~ot 'h~ve a sig~±f~ effect
on the environment.
bescrip~lon oI Action: Application of Carol K. Tut'hill for a
wetland permit. Permission is requested to construct a platform,
catwalk, ramp and float off east side of Inlet Lane Extension,
on Gull Pond, Greenport, New York.
The project has been determined no~ to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indica-
ted that no significant adverse effect to the environment are
likely to occur should the project be i.mpIemented as planned.
Because there has been noresponse in the allotted time from
the New York State Depar~men~ ~f Environmental Conservation, it is
assumed tha~ there is no objection nor commen~s by that agency.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman N~ckles, Councilman Drum. Not Voting:
Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: My wife owns half of tha~ piece of land, t~hat
is the reason I abstained.
On motion of Councilman Murphy, seconded by.Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold set '3':G0 P'.~.,
Tuesday, June 9, 1981, Southold Town Hall, Main Road, Southold, New
York as time and place for hearing upon application of 'Ja~es
Rambo, Inc. for MattitUck In~e~ M~r~na for a permit under the
provisions of the Wet'l'~nd Ordinance of the Town of Southold, for
permission to maintenance dredge approximately 2900 cubic yards
of material from various locations within existing marina and
dispose of spoil in sand pit on southerly portion of applicant's
property.
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 Drum, seconded by Councilman Murdock, it was
RESOLVED tha~ the Town Board of the Town of Southoldset '3':05' P'.'M.,
Tuesday, June 9, 1981, Southold Town Hall, Main Road, Southold, N~w
York as time and place for hearing upon application of' Nicholas
Fontana for a permit under the provisions of the ~et'l'and Ordinance
of the Town of Southold, for permission to construct a dock at
Mattituck Creek on the north side of Cox Neck Road, Mattituck, New
York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor
This resolution was declared duly adopted.
206 MAY 26, 1981
8. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southo!d se~ 3:10 P.M.,
Tuesday, June 9, 1981, Southold Town Hall, Main Road, Southotd, New
York as ~ime and place for hearing upon application of Carol K.
Tuthill for a permit under t~e provisions of the Wetland Ordinance
of~the Town of Southold, for permission to construct a platform,
catwalk, ramp and float off of the east side of Inlet Lane Extension,
on Gull Pond, Greenport, New York.
Vote of vhe Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum. Not Voting: Super-
visor Pell.
This resolution was declared duly adopted.
9. On motion of Councilman Nickles, seconded by Councilman Murdock, it wa~
RESOLVED that the Town Board Of the Town of Southold set 3:15 P.M.
Tuesday, June 9, 1981, Southold Town Hall, Main Road, Southold, New
York as time and place for hearing upon application of R. M. Kammerer,
Commissioner of the Suffolk County Department of Public Works, for a
permit under the provisions of the Wetland Ordinance of the Town of
Southold, for permission to construct bridge carrying New Suffolk
Avenue over Mud Creek, Town of 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.
10.
il.
On motion of Councilman Murphy, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold set 3:20 P.M.,
Tuesday, June 9, 1981, Southold Town Hall, Main Road, Southold, New
York as time and place for hearing upon application of R. M. Kammerer,
Commissionerof the Suffolk County Department of Public Works, for a
permit under the provisions of the Wetla'nd Ordinance of the Town of
Southold, for permission to reconstruct bridge carrying New Suffolk
Avenue over Downs Creek, Town of 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.
SUPERVISOR PELL: I went to the County Legislature today and our
Town Board meetings are quiet, calm, nice compared to that. Makes
you glad to get back home to Southold.
Number lI. This is a new trailer permit~ and there will be
comments on it, I hope, by the Board.
On motion of Councilman Murdock, seconded by Councilman Nickles, it was
RESOLP~D that the Town Board of the Town of Southold gra'nt applica-
tion of Helen Reiter, dated May 15, 1981, for permission to locate
a construction site and watchman/workman office trailer on her
property located on the Main Road, east of the Barge Restaurant,
Southold, New York, for a six month period - May 1, 1981 through
October 31, 1981, providing such use is limited strictly to the
uses as applied for: construction site and watchman/workman office
trailer.
Vote of The Town Board: Ayes: Councilman Murph~, Councilman
Murdock, Councilman Ni~kles, Councilm~n Drum, Supervisor Pell.
This resolution was declared duly adopted.
COUNCILMAN DRUM: We all went down and looked at the site. It is
'off, it does not interfere with homes 9r anything. It is isolated.
SUPERVISOR PELL: Number 12. I would like to explain what this is.
Mrs. Tolman is leaving us at the end of this month. She has been
doing the work of the T?uStees. They are behind. We are going to
break somebody else into doing that work and it is going to go into
the Town Clerk's Office and Marian Goubeaud is going to bring the
work up to date and we need to bring her on ten hours a week more
in order to do this.
COUNCILMAN NICKLES: We didn't discuss this in the.work session and
t~J~ould prefer we ho'ld this over until a'fter ~he recess.
SUPERVISOR PELL: No problem, we will wait on that one.
MAY 26, 1981 ~ 207
SUPERVISOR PELL: I :~'ill try t'o go ~rough and see what ones we
could get out of the way, Larry. Then we are going to recess
because I have several items off the work agenda that i need
guidance on from the Board and one or two of them will need a
resolution to act, so after the meeting today we will go through
this and any items that they might want to discuss we will recess
and do it in a working session of the Board. The meeting is open,
anybody that wants to come and sit in you are more than welcome
to do so.
Number 13. Can we act onthat one-at this time?
COUNCILMAN DRUM: I think so.
COUNCILMAN NICKLES: I have questions.
COUNCILMAN DRUM: What are your questions?
COUNCILMAN NICKLES: In light of the conversation we had this morning
with the police chief, Henry, it deals with personnel. I'd rather
raise my questions later. Did you read that portion relative to
appointments from a promoti~on 'ii'st?
COUNCILMAN DRUM: No.
COUNCILMAN NICKLES: It is something t~at just caught my eye after
our discussion with the chief.
SUPERVISOR PELL: Any comment on Number 147 Do you..want..to, hold or
can we move on that one at this time? This is Sour'hold Sesiers -
Peconic request for two'buses. I sent all senior citizen clubs,
three of them, a letter to the president of the.club and this came
in and I told them we are going to review their budgets, all three
of them.
COUNCILMAN NICKLES: I reques~ ~ou hold this one.
SUPERVISOR PELL: Number 15. Any questions on that one?
16.
On'motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold declare itself
lead agency in regard to the State Environmental Quality Review Act
in the matter of the application of Marino Faraguna for a wetland
permit on certain property located on the west side of Skunk Lane,
on Mud Creek, Cutchogue, New York, for permission to construct an
aluminum alloy bulkhead.
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 Murphy, seconded by Councilman Drum, it was
RESOLVED thatthe application of Maddie Miles, dated May 4, 1981,
for a renewal permit for her one family house trailer located on
a private road off of the north side of Main Road, Mattituck, New
York, be and hereby is granted for a six month period.
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 17 is again this year we enter into a
contract for Ken Edwards. Anybody care to offer it?
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the Supervisor be and he hereby is authorized and
directed to enter into an agreement with Kenneth L. Edwards as
part-time Bay Constable for the Town of Southold, at Fishers Island,
at a sum of $1,000.00 for the period commencing June 15, 1981 and
ending on September 15, 1981; Mr. Edwards to furnish a suitable
boat together with the necessary outboard motor and required equip-
ment for the operation of said boat and be responsible for any and
all expenses for the repair and maintenance of said equipment; the
Town to pay all expenses for fuel required for the operation of the
boat of Kenneth L. Edwards while performing services for the Town
during the term of the agreement.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles~ Councilman Drum, Supervisor Pel!.
This resolution was declared duly adopted.
208 MAY 26, 198I
i9.
21.
~UPERVISOR PELL: Number 18 I'm going to hold. I have not got the
information I intended to have delivered to me on Friday. It
didn't come in.
Number 19. Any questions on that one? I think this is some-
thing we did last year, but will do it again this year.
Moved by Councilman Murdock, seconded by Councilman Drum,
WHEREAS, Town Courts provide litigants ready access to judicial
process at reasonable cost to the litigants and Town taxpayers
and as part of the Unified Court System-, these courts perform
important judicial functions for the state and its people and
they dispose of criminal and court cases which otherwise would
encumber the calendar of other courts, and
WHEREAS, since 1976, the state has assumed financing of the courts
of the Unified Court System except Town and Village Courts and
the revenue for operating Town Courts is large derived from real
property taxes, thus, Town residents bear an infair share in
supporting the state's court system through payment of state
income taxes and local real property taxes, and
WHEREAS, pursuant to General Municipal Law 99-1~ Towns are reimbursed
by the state $5.00 per case for processing cases involving violations
of state laws and these fees have not been increased in over 40 years,
and while Towns are not seeking state takeover of the Town Courts,
they request a more equitable treatment for their taxpayers in order
to alleviate the real property ta× buraen and to offset the higher
cost for operation of the Town Courts, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold urges the
Governor and New York State Legislature to increase the fees permitted
pursuant to General Municipal Law 99-1 to at least $15.O0 per case.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Counci~man Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 20. ,. Again a Home Rule message sent to us
by Senator Ken LaValle's office. ~ny questions on that?
COUNCILMAN NICKLES: Do these people serve at any fee.
SUPERVISOR PELL: I didn't pick it up if they do.
COUNCILMAN NICKLES: If it is cost cutting, I hope they are not
costing us anything. "Each member shall be assessed---
SUPERVISOR PELL: Want to hold this up, or rule on it, or---Senator
LaValle requested it. Wait until we get more information?
COUNCILMAN NICKLES: I'll do whatever the Board wants.
SUPERVISOR PELL: Let's wait until we get a cost factor.
COUNCILMAN MURDOCK: We can discuss it during the recess, Bill.
SUPERVISOR PELL: Do you know what the cost is now, Larry?
COUNCILMAN MURDOCK: No.
On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that the Superintendent of Highways be authorized to
purchase from Suffolk County Letting No. 3-81.1.22 - One (1)
New Hi-Way Model #2020 Dump Body mounted 11' Spreader, Item 17
with Electric Control Valves for all spreader operations, Item
17-2 Option 2.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Any questions on Number 22?
COUNCILMAN DRUM: They have submitted a letter. We've done it in
the past.
MAY 26, 1981 ~ .... 209
22.
On motion of Councilman Drum, seconded by Councilman Nickles,
WHEREAS, the Wunneweta Pond Association, Nassau Point, Cutchogue,
New York has applied ~o the Town Board for financial assistance
in dredging the inlet to the pond from Cutchogue Harbor, now,
there£ore, be it
RESOLVED that the Town Board of the Town of Southold hereby agrees
to contribute one half of the total cost up to but not exceeding
the sum of $475.00 toward the cost of dredging the inlet to the
pond at Wunnewe~a Pond, Nassau Point, Cutchogue, New York.
COUNCILMAN MURPHY: Bill, on this dredging, it says it is a
privately maintain inlet, is it Town waters?
COUNCILMAN DRUM: No, that is not Town waters. We contribute as
we do to several private. Of course, the entrance is, it's off
Peconic Bay and this is one of the organizations that we ha~e
contributed money to.
SUPERVISOR PELL: Up to $475.00. This was done the year before
last.
COUNCILMAN DRUM: All of that water is supposedly privately o~ed.
Now, the inland waters, the Town has never laid claim to it.
COUNCILMAN MURPHY: I know we had another case on that. There was
one in Nassau Point, I believe.
COUNCILMAN NICKLES: That was The Lagoon. The inlet called The
Lagoon.
COUNCILMAN DRUM: Now, this differs from the one--School House
Creek--where the County Dredge was going to go in and dredge a
private bottomland and the entrance there,
SUPERVISOR PELL: You have New Suffolk which is private and then
you have this one here, then we had one come in a week or so ago
and we sent it to the Trustees for review and they commented on
it back to us and it will be on the next agenda after I have had
a chance to review their comments.
COUNCILMAN MURPHY: Are we allowed to do this[
TOWN ATTORNEY TASKER: Yes. They've done that for years. The
rationale of it is that first of all the entrance is public.
Secondly, the waterway within, although the bottom .is private,
the waterway is open to the public for public use. So on tha~
basis they assist to keep the entrance open.
Vote of the Town Board: Ayes: Councilman ~urphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted..
24.
SUPERVISOR PELL: Number 23. I recommended ~o the Board today to
pay the Village of GreenporT $10,000.00. It's the last and final
payment of the $40,000.00 we borrowed from them to put into the
building on Peconic Lane and it will come from the Whole Town
Contingency Fund.
TOWN ATTORNEY TASKER: I would suggest that you table that until
after the recess because there is~ another correspondence from the
Village that might relate to it.
SUPERVISOR PELL: Number 24. Are you ready to do that one,
gentlemen? Part-time police?
On motion of Councilman Drum, seconded by Councilman-Murdock, it was
RESOLVED that the Town Board of the Town.of Southold hire the
following Seasonal Police Officers, effective June 1, 1981 through
September 7, 1981, aT $5.00 per hour, AS NEEDED: Michael Fingerle,
Raymond VanEtten, Howard'W. Sawicki, Michael Finnecan.
VoTe of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
210
MAY 26, 1981
25.
26.
SUPERVISOR PELL: One more we have prepared, I believe, is Radio
Operator~we use sometimes as Seasonal Police and sometimes we have
a resolution on him.
On motion of 6buncilman Nickles, seconded by Conncilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold authorize
Claude Kumjian, Radio Operator, to be assigned, from time to time,
to perform poliace work as a Seasonal Police Officer, at his present
salary, effective June' l, 1981 through September 7, 1981.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll.
This resolution was declared duly adopted.
Moved by Councilman Murdock, seconded by Councilman Drum,
WHEREAS, in 1931 in the community of Mattitnck in the Town of
Southold, New York, a group of people did assemble for the
purpose of establishing a church in the community, and
WHEREAS, these people did establish said church, and
WHEREAS, the Unity Baptist Church of Mattituck, New York under
the pastorship of the Reverend Bassie McCain did celebrate their
Fiftieth (50th) Anniversary at a dinner on May 24, 1981, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby
extend sincere congratulations and bes~ wishes to the Unity Baptist
Church of Mattituck, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Does any Councilman have anything else he wishes
to bring up at this time? (Hold until work session.)
Floor is open to the public. Does anyone wish to address the
Board? (No response.) If not I am going to ask that this meeting
recess now and we will continue after we go through the rest of the
agenda, and other things. As I said, it will be in the Board
working room. The public is invited to it.
On motion of Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that a recess be called at this time, 4:05 P.M.
Vote of the Town Board: Ayes: Councilman Muuphy, Councilman
Murdock, Councilman Nickles, Councilman Drum,~ Supervisor Poll.
This resolUtion was declared duly adopted.
WORK SESSION - 4:10 P.M.
The following items were discussed:
1. Resolution 12. Increase the work hours of Marian Goubeaud
from 20 hours to 30 hours per week.
2. Bus trips for Senior Citizen groups. With reference to
the request of The Seniors Club of Southold-Peconic, Inc. for two
buses for June 16th, Supervisor Poll stated that the President of
the club had received his letter concerning the review of the
budgets, however, in the meantime the program chairman was making
arrangements for the trip and there was a communications gap. The
Board was polled concerning the request and the answer was no.---
Councilman Nickles said they should be advised that the Town Board
has put a freeze on trips and evaluating their budgets, consider-
ing the large sums of money the Town Board has put into the Recrea-
tion Center on their behalf, as well as 'the youth.
3. Request for an increase in salary by Robert Muir, director
of the life guards.
4. Request by Marie Smith, Eastern Long Island Hospital, for
use of a Town beach for a beach party for approximately 200 employees
on the 3rd Saturday in July from 12 Noon to 7 P.M. or 2 P.M. to
7 P.M. It was determined McCabes Beach would be the best site.
5. Asked the Supervisor to check with Mrs. Richter to determine
whether a report has been received from Hamilton Stone, Inc. concern-
ing their agreement with the Town to effect reoovery of ali FICA
payments made by the Town on amounts paid as Workman's Compensation
Benefit~ during the years 1977,1978,1979 and.1980. · ......
12.
23.
(a)
23.
(b)
27.
MAY 26, 1981
5. Discussed holding a ~edic~tion of.Senior/Youth Center.--
Will hold in abeyanc~ for th~~.~im~~
6. Set 8:00 A.M., June ~gth - Police Committee Meeting 8:30 A.M., June 9th - Audft
9:30 A.~.i., June 9th - Meet with David Kapell
10:00 A.M., June 9th - Meet with Ms. Audion of
Suffolk County Human Rights Commis§ion.
7. Reviewed:Home Rule Message re: UAN ACT to establish the
Suffolk County intergovernmental relations council". Agreed to
support such a Home Rule Message.
8. Discussed repayment of $10,000..00 debt to Greenport Village.
9. Discussed support of Se~ate bill no. 6617/Assembly bill no.
8542 re: "AN ACT to amend the real property tax law, inflation to
establishing a standard of assessmenz for the zaxation of real prop-
211
erty and providing for alternative systems of assessment to be
kdopted by assessing units". Councilman Nickles feels very strongly
that the Town Board should notify our state legislators of the Town's
support of these bills, but increase the effective date from 90 days
to 180 days.
* * *
EXECUTIVE SESSION - 5:20 P.M.
Town Board discussed personnel.
Town Board meeting reconvened at 6:15 P.M.
On mo~ion of Supervisor Petl, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold increase the
hours worked by Marian Goubeaud, Clerk Typist in the Town Clerk's
Office, from 20 hours per week to 30 hours per week, effective
June 1, 1981 through August 31. 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 Murdock, it was
RESOLVED that the Town Board of the Town of Southold supports Home
Rule Message from the New York State Senate, Senate bill no. 6572,
entitled, "AN ACT to establish the Suffolk County intergovernmental
relations council", and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit the required Home Rule Request to the New York
State Senate.
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 Drum, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold transfer
$10,000.00 from the General Fund Whole Town Contingen~ Account
A1990.4 into General Fund Whole Town Debt Payment Public Account
A9780.4.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
On morion of Councilman Drum, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southold repay the
Village of Greenport $10,000.00, the remainder of the Town's debt
under agreemenz dated January 30, 1979, whereby $40,000.00 was
allocated to the Town of Southold from the Village of Greenport's
excess funds under their year II Communivy Development contract
with the County~of Suffolk.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
Moved by Councilman Nickles, seconded by Councilman Murphy,
WHEREAS, there is before the New York State Legislature Senate
bill no. 66IT/Assembly bill no. 8542, entitled "'~N ACT to'.amend
the real property tax law, in relation to estabTishing a..standard
of assessmenz for the taxation of real property and providing for
alternative systems of assessment to be ~dop~ed by assessing
units", and
212 MAY 26, 1981
29.
WHEREAS, the Town Board of the Town of Southoid favors said bill
as it affords local governments a large measure of homo ruIe by
providing that the local legislative body of each assessing unit
adopt one of three specified alternative systems of assessment ix
~accordance with local needs and objectives, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold supports
Senate bill no. 6617/Assembly bill no. 8542, BUT strongiy urges
that Section 308. Alternative Assessment. Sysbems, read: "Within
180 days affter the effective date of this section ".
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 Murdock, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of South01d, 'Town Attorney
Tasker and Commissioner of Public Works Dean be: and they.-are hereby
authorized to travel zo Mt. Laurel, New Jersey on 'Jun'e 2, '1'981 to
attend The Trofe Roc-A-Je.t solid waste management ~acility demonstra-
tion. and be it further
RESOLVED that the necessary expenses for travel and meals be and
h~reby are a legal charge against the Town of Southold Federal
Revenue Sharing Fund Waste ~anagement Account.
Vote of the Town Bbard: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Petl.
This resmlution was declared duly adopted.
29. Ca motion of Supervisor Pell, seconded by Councilman Murphy, it was
RESOLVED that Supervisor Pell, Planning Board 'ch~ai'rmanl ~Raynor and
Town Clerk Terry be and they hereby are authorized and directed to
interview and hire the best qualified cand'idate' for''st'en'Ographer
for the Southold Town Planning Board effective June l, 1981,j.foz a
period of 90 days, at-a-salary of $6,500.00 per annum.
Vote of the Town Board: Ayes: Councilman Murphy.- ....
COUNCILMAN MURDOCK: I' voze yes, but object to the manner in which
the hiring process has been speeded up and I do not feel i.t is really
in the best interests of the Town of Southold. Ayes: Councilman
Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
30. On motion of Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby is
authorized and directed to empl'oy Must'el To'tman for a period of two
weeks, effective June 1, 1981, for the purpose 'of 2'rain'ing a new
Planning Board/Stenographer, under such terms and conditions as
setforth by the Town Board.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councflman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 6:25 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
Tow~n Clerk