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HomeMy WebLinkAboutTB-06/26/1980!76 S0'UTHOLD TOWN B:O'A:RD June 26, 1980 WORK SESSION 10:30 A.~. - Ch~e~ Cataldo presented suggested amemd~envs to the Vehicle and Traffic Ordinance, Chapter 92 of the Code of the Town of Southold. The Board reviewed the amendments and advised they would schedule a public hearing for 3:45 P.M., July 22, 1980. Chief Cataldo spoke about the problem of campers at Clark's Beach, Greenport. This' is Village of Greenport and mostly County of Suffolk property and although the access has been barred, the barriers have been broken through and access has been gained to the beach.---Supervisor Pell said he will contact the Suffolk County Commissioner of Parks and discuss the problem with him. A.M. - The Board began reviewing the agenda. 12 Noon - The Board recessed for lunch. 1:00 P.M. - R~chard ~ron, E~q., who was engaged aa special counsel to the Town Board for this work session and the~Board meeting at 3:00 P.M., discussed with the Board the mooring situation at Gull Pond, Norman E. Klipp Marine Park. 1:45 P.M. Jody Adams, Pecon!c, read a prepared statement co.ncerning her request for a.pole and street light between the exi. stmng pole and light and the end of ~ndian Neck Lane, Pecon~c.---Miss Ad,ns was advised tha~ Councilman Drum and other members of the Board have looked at the site and must deny the request as the location of the pole and light ~vould merely light the beach. 2~00 P.M. Frank Bear, Sonthold spoke to the Board concerning State legislation relative to the Coastal Management Program. He said that !~ the State does not PaSS the legislation, neither the State nor ~he Town would ba eligible for funding to ~mplement coastal programs. Mr. Bear read a prepared statement which he asked be incorporated in the minutes of the regular Board meeting at 3:00 P.M. 2:15 P.M. - Richard Cron, Anna Hata~er, President of the Town Trustees, and Herbert Mandel of the 6ull Pond area, Greenport, discussed with the Board the objection ~r. Mandel has to the granting of mooring permits at the bulkhead in the Klipp Park Mr. Cron said his remarks were his own opinion and the Town Board should hold any action in abeyance pending the return of Town Attorney Tasker. However, it was suggested to President Hataier that the Trustees do not grant any additional mooring permits at the site until the matter is resolved. Mr. Cron said, in his opinion and observations, tieing boats to the bulkhead is creating a situation which the Trustees do not have the right to do and the Town Board does not have the right to do. The lease with the State of New York does not provide for it. They are creating a docking and mooring situation which would create a marina.---Mr. Mendel sa~d 'the:parking area is a problem and policing is difficult. He suggests that if there is ~o be a marina, the Town Board attempt ~o change the zone and hold a public hearing on this matter. 2:45 P.M. - Su££olk County Legislator Gregory Blass addressed the Board concerning the proposed mental health facility' at ~he Eastern Long Island Hospital, Greenport. A regular meeting of the Southold Town Board was held on Thursday, June 26, 1980 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 3:00 P.M. with the Pledge of Allegiance To the Flag. Present: Supervisor William R. Pell III Justice Francis T. Doyen Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman George R. Sullivan * * * Town Clerk Judith T. Terry Highway Superintendent Raymond C. Dean Special Counsel Richard J. Cron SUPERVISOR PELL: We will go through the agenda as it is before you, but before we start I would like to recognize and ask our County Legislator Gregory Blass who is with us today to say a few words. Mr. Blass. COUNTY LEGISLATOR GREGORY BLASS: The first thing that I wanted to mention to you is. that the Senior Action Mobile Office, which is a mini-bus that goes about the county is scheduling visits for August of this-year. They tell me in the Suffolk County Office for the Aging that the S'enior Action Mobile has been to the north fork of Long !~sland many times. I don't know if it ever has been in the recent past, but nevertheless we are going to schedule it for the month of August on dates that will be announced by the Supervisor and Town Board in the near future. It-will be at the Peconic Senior Citizen's building and Greenport Nutrition Center. That senior office has a referral service, it has an attorney on board to answer questions. They will give out what is known as the Golden Pass and also be providing ID cards so we want to make use of the services that are available on the county level for senior citizens and families that might fall into that category. Please keep the dates open in August when they are announced. That will be at the Pecon!c Seni~or Citizen's building and the Greenport Nutrition Center during the month of August. We caught them scheduling the visits o~ this~ particular vehicle but we never found a schedule stop for the north. ~ork. The ~ther point ~ would like to mention is that there ~.s d!~scuasi~n under way and I am trying To convey this to all community groups~ and the public in general. About Eastern Long Island Hospital. There ~ a wing, as you know, there in the hsopital that is not f±ni~s~h~d and the planning now is to complete the wing and to make ~hat would he described as an in-patient mental health facility. rt would h~ve~ from 18 to 2~ beds and provide in-patient services for eas~t ~nd rest±dents only. Iit will be the kind of facility that will have no attachments fr~m the s-tare of federal ~overnment. It will be funded by local fund raising. ~'m trying to get as much input as I can ~n this and 1 told the Town Board of this and we agreed that any comments you might have about a mental health ~ac!llty for east end residents, because there is no such facility on the east end of Long Island. One of the reasons that the north and s~uth ~ork of Long Island is called medically deprived area. ~t will help eastern Long Island to qualify for more federal and state ~undi. ng on the east end and most importantly it will provide a ~ervice that doesn't exist out here. Mental health treatment is available and the nearest piece is i'slip. So I would like to hear any comments ~ can get on that; not necessarily now but in the course of the £uture months. JOD¥ ADAMS: Are there going to be any special meetings on it? ~. BLAS'S':' ~ think a public hearing will be in order before the end of July. The people from the hospital will be there. I think it i~ important, ~ believe it will fill a need out here because there is n~where that east end residents c~n go for mental health services, except as I said in.western Suffolk. JODY ADAMS: Stonyl~Bfook~.h~s One. MR. BLASS: For east end residents? JUNE 98o JOD~ ADAMS: For anyone who wants zo use it. MR. BLASS: Well, this one would be an inTpatient facility and it would be on-e that would be, I believe, more respons~o~to the needs of the people. Stony Brook might' be -- BEATRICE SMALL, Southold: How many beds did you say? MR. BLASS: 18 to 20. MRS. SMALL: Will they be dealing with merely neurotic problems or will they be dealing with psychotic and probably more dangerous problems? MR. BLASS: They will deal with those type of mental health cases that can be treated adequately within a 45 day period. It is more of a hospital than it is an asylum type of arrangement that is being discussed. Primarily voluntary although there may be cases where permission might be required for a certain period of time. I'm sorry, I didn't realize it would gez into an involved discussion but I would be glad to answer some of your questions either now or after today's meeting. The office number i~ 727-7200. Please let the Town Board know or my office know how you feel about this. Thank you very much. On motion of Councilman Drum, seconded by Justice Doyen, it was RESOLVED that the minutes of the June 10, 1980 Southold Town Board meeting be and hereby are approved as submitted. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drumm it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M~, Tuesday, July 8, 1980 az the Southold Town Hall, Main;..Road,' Southold, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles. Councilman Drum, Justice Doyen, Supervisor Poll. This resolution was declared duly adopted. REPORTS - SUPERVISOR PELL: 1. Dog Warden's Report. Those reports are placed on ~ile and will be in the Town Clerk's O~£ice !~ anyhody wishes to review- . them. (Dog ~arden Report- May 1980). 2. Judge Riches' Report for the month, of May. 3. Police Department report~ (.May 1980.) 4. Beach and Parks - Do you have a report, John? COUNCILMAN NICKLES: I would just like to report that tho oil and sanding recommended by the Highway Superintendent at Town Beach and Kenney's Beach has been completed. 5. Inland Waterways, Councilman Drum -- JODY ADAMS: This-says.beach buggies here, what were you going to ~ay about beach buggies? COUNCILMAN NICKLES: I wasn't going to say anything about beach buggies. This was-added on, put on the agenda, I had nothing to do with it. SUPERVISOR PELL. Mr. Nickles is working on it and he is not ready to report on it at thl~ time as of-yet. I thought he was-and I put it on there. Councilman Drum, Inland Waterways. C@HN~LMAN DRUM: Our inland Waterways dredging projects are continuing. Having completed Brushes Creek which is in Laurel, Deep Hole Creek is continuing to be dredged at present, L~ttleCreek has been done, Halls Creek is almost completed, Cedar Beach it is hoped that that would be commenced within two wee~s. The one projecm ~h.ich th~ Town Board had approved, tho dredging by the -- requested the dredging of Goldsmith Inlet on the SOund, that has been held at present. There is-some litigation concerning, not the dredging but erosion on the SOund and unfortunately the County~has held this up. I hope we can get Goldsmith ~nlet dredged in the very near future. At least to the extend to permit the flow, the flushing action of Goldsmith Inlet. That completes my report. 6. Taxation and Finance, Councilman Sullivan. COUNCILMAN SULLrVAN: The taxation and Finance Committee met yesterday. We did an extensive review of the Town's insurance policies and we will be making specific recommendations ~o the Board. 7. Disposal Area - Councilman Murdock. COUNCILMAN MURDOCK: We have had discussions with Superintendent of Highways. We have a problem where the concrete has been placed up against the fence. It has broken the fence. That will be repaired. The five town j0ing committee meeting for solid waste management which was suppos.ed to be tomorrow has been postponed so there is nothing to report on that. One other item that maybe the people of the Town can help with. We had a brush fire, we call it a brush fire, at the Disposal Area the other day that we believe was caused by, partially by hot coals being rbought in. Somebody may have cleaned ou~ their charcoal from lunch time or whenever they had a barbecue on their way up ~o the disposal area and had a few hot coals in it and discarded it and ii started a fire and they had to call the fire department to put it out. Maybe at this time of year if people are a little bit more careful about wetting down their fire products we might not have a ~problem again. Other than that the Disposal Area seems to be coming along fine. 8. The aext report f- from myself and my deputy. Yesterday I was supposed to be in two places at once. I couldn't do that so asked Marie Johnson to cover the East End - Suffolk County Supervisor'~ meeting. Marie will report on that and then I will report on my days activities.. DEPUTY SUPERV1S©R ~OHNSON: There ~as discussion about the ~issolution of the County Legislature and a letter was signed by -- asking the legislators to pu~ this on the ballot for a referendum in November. The Bottle Bill was d~scussed, the fact that the State probably will not do anything about one this year but it has: been suggested that the towns individually enact bottle legislation. We were urged to send a telegram to the governor~ -to Albany, askin~ the ~overnor to sign legislation concerning the payin~ back of money that we refund after certiorari ce.sos are w~n. This is £or people ~ho dispute the amount of their a~s'essment and it is lowered --- and as I understand it a refund is. made and this will absolve the school districts from paying back part of the school taxes--- There was action again to get another county d~edge. The Supervisor of Isl'ip was asked to make a report on how it ha~ been to live with a tax hearing that they had in Is, lip To'~n with fu~l value as:sessment. H'e feels it had one p~i~tl~ve e~ect and that was. that there has: been evening out of i. nequi, tie~ in a~se~sment in lslip Town. The computerized material makes no difference between values of land that is waterfront and upland, they all go into the same. There has been overall increase in ass~m~nts and some 20~000 parcels, have gone up over $10,000 each/ Th~ as~,essment on ~ire fsland increased between an average of 72% and 135% so ~slip has taken the s:tep of freezing all a~sessments at th~ 79-8~ level'--- and they Plan to hold it there until New York State has' g~ne to ~ull value. The way it works in the computer, whe. n a h~us~e !~ sold, when a property is sold and this fact is ~et into the computer~ every piece of property that has a similar component to any-of the components in the one ~h.at has just been sold, i.s, changed, So in effect everytime a house that has similar things~ to your house i.s, smld your house and all the other houses that h~ve things-similar will be changed, so what could happen every s~!x month~ the who'le as'sessmenz will change. There~.~.s no ~a¥ the ass-esters~ cam have any effect on the machine in jusz one case. Bec~us~ everything has to be changed that has a similar component. And the grievances that are put i.n are not recognized by' the computer and cerviorari cases would .~©t 'he recognized hy the computer. But if you have someone who feels he has a l~gitimate grievance ~outd be putting it in year after year. 9, Yes~te.rday wh.~le Marie was there ! had the pleasure to tour Eastern Long fsland, part of it, with the Commissioner from Albany in DE~, Commissioner Flacke. It was his ~irst time down-in the east end. Supervisor Lan~ and mysel~ was supposed zo meet with him. Superv!s.~r Lan~ wenz up to the other meeting with Marie and I spent z~ h~urs-with C~mmiss;ioner Flacke. ~e sho~ed him - he went out on a clam b~at up in Great South Bay prior to coming out to the east end. Ha looked at our wetlands out here, commerical recreational fishing fleet and it was a very interesting two hours. It was the first time he had been out here. He did say he can see why we hold Eastern Long Island the way it is, so dear to us and ~ think he was-very impressed ~h~n he left. It was a good two hours spent f~ the benefit of the east end residents.. Prior te that r met with our county executive for two main JUNE 26, 1980 things. One to thank him. for all the help he has given us in the past and also to ask him to help on Go&dsmith Inlet project. We have Goldsmith Inlet, the Town is being sued down there over a problem that we have. The county is providing a study to be made. The attorney general of New York State is pushing the Town Board to get the study under way and in turn we h~ve to push our county Department of Public Works and I went there yesterday to mry to get the county exec. to try to help this along so we can get the information to the attorney general. PUBLIC NOTICES - SUPERVISOR PELL: 1. Captain Kidd Water Company is going to put up a new pumping house. Comments to be in to the DEC prior to July 10th. 2. Frank, Edward and Joan Hindermann to construct a timber bulkhead. Comments ta be in by July 16th. The complete application is on file in the Town C~erk's O£~ice if anybody wishes to review them. If anhbody has any comments to look at these things~ as I said, the applications are on file in the Town Clerk!s and also in my office. COMMUNICATIONS - SUPERVISOR PELL: 1. Town Trustees closed four different creeks in the Town where they planted clams for spawning purposes. The creeks are Hallocks Creek, - five creeks - Hallocks Bay~ Town Creek, Jockey Creek, Mill Creek and Deep Hole Creek. These areas will be closed until August 1st. These are clams that are put in there to spawn. Appr6ximately 500 bushels were distributed through the area. 2. Request from the Southold Fi.~eoDepartment. 3. Our County Legislator Grog Blass is asking the Town Board how they felt about proposing a county lecense for flea markets. The Town Board feels it should be a Town Board problem not county. We would like to keep it under local rule, local control. 4. ~'~.11 be under resolutions. I't will come up agamn. It is a letter signed by different folks about a trailer in East Marion, It will come up under resolutions. The Board will rule on that as we go on in the agenda~ 5. The use of the Town van to tree,port baseball temm~ sof~ ball team around. The Town policy is on this that it shall be used when not in use by the RSVP for transportation within the county. We have requests to go outside o~ the state. The Town Board said they would like to keep it and would keep it in the county. 6. From Robert J. Flnnegan Associates. They did come do~n here last year to present to the Town Board how they would like to get Southold Town involved in the 100% assessment. The Town has not moved on it. This is just another letter looking for our work if we are going to go this route. 7. A call for a constitutional convention on a human li~e a~h'~n't. Wa have thriteen letters come in on thi:s. It wi, ll be on the next Board agenda, July 8th. I put it under communica- tions this time. The Board has not seen these requests. They will be copied and given to them and I ~ill put it back on the agenda of July 8th. 8. Request from Mattit~ck Garden Shop, Inc. to check ~nto a variance, zoning laws and it was turned over to the Building Department and they will look into the matter to see if there is a violation. JODY ADAMS: May I comment on that? SUPERVISOR PELL: I would like to go through it all and then we can come back to any number anybody wants. ! would like to go through the complete agenda and then we will come back. Keep the numbers-aside and then we will come back at the end. 9. Hearing in the Tow~ o~ Islip on something the legislature just addressed prior to this. The Board feel~ it doe~ not wish. to g~ down there and testify at this time, we do not know enough about it. This was just received in~ the mail. Before we testi~y on beh~l~ of this township we feel we would haYe to have more information about it. (N.Y.S. Senate Committee on' Housing and Community Development public hearing on June' 30~ 1980 gathering information on utilizing a portion o£ Pilgrim Psychiatric Center. and other similar facilities in the State, to house frail elderly.) JUNE 26, 1980 10. Letter from attorney Irving L. Price, Greenport, expressing a desire to meet with'the Town Board and go over some it its zoning laws and subdivision laws and discuss it with the Board at which time we will set a date and have him come before the Board. 11. Many of you people are hereon this one, I believe. We received in Town Hall a letter on June 17th £rom the Department of Public Works and I will read part of it to you. "It has been rumored that there may be local sentiment in the vicinity of the said bridge (Oaktawn Avenue-Jockey Creek Bridge) to abandon the existing structure." We do not propose to eliminate the bridge ourselves but if there was public sentiment to have this bridge removed we would consider it. We would like to have your input on this mat~er. The Town Board has tentatively set July 18th, 7~30 at night. I say tentatively. We want to talk to the Department of Public Works, get their engineers out here to discuss all four bridges that are in Southold Town being considered for construction, rebuilt. The three on New Suffolk Avenue and this last lecter I just spoke of. The bridges on New Suffolk Avenue now rnage anywheres from 17,20, 22 feet wide. The proposed bridges they plan to put in, the blue- prints are in my office, will all be 32 feet wide, This is a grave responsibility to your town as we ha~e to consider the roads going on to the bridges and going off. You got a 17 foot wide bridge now and all of a sudden you have a 32 foot wide. Somebody is going to have to widen the present road. Somebody is: going to have to get land to build it up. The Town Board.feels this is an important decis!.Qn, We want everybody to know what is going on so we have to set tantat!vely July 18th 7:30 at night to ha~e a public information meeting on this and I do hope the press will carry this date, 12. Reference to Long Island Cablevision; An information letter to the ~oard saying the cost to ge~ it in condominiums. 13. A reques~ for the mini bus for the Greenport Methodist Churck to go out of state with it to Jersey. The Town Board has instructed me to send a letter back telling them we want to limit it to the use of the county. 14. A letter from Miriam A; Hunt reference Mattituck Senior Citizens, Laurel~Mattituck perhaps to ~tart a new group. She feels the Matt!tuck group is-so large she would like to ~tart a new group. She"s informing the Board and asking the Board how to do it. ~5. From the Association o~ Towns asking on a proposed bill. The Tow~ Board has-dis,cussed this bill in length, and we will send a telegram out ¢omorrow going agains~ this bill, Does any board ~embe~ wish to explain it? In detail? COUNCrL~AN DRUM. 1 might a~y the bill ~$ proposed would mean that th~ Town would pick up the school !axe~, ~e would have to pay theae cases ~here there ls- loss on assessmen~ rather than the .s~chools paying. which they-pay now-. rt would bee'ome a Town charge iswhat it is in a nuts,hell. SUPERVISOR PELL; ri has been pas~ed, it has to be signed by the govern~r, i~ where the bill i~. ~e are writing ~o the governor -- The Association of~To~ns, has asked u~ to ~ite ia t'ha governor and ask him to veto it. The. telegram will go out for this. 16. The ~r!dges r mentioned before on New Suffolk Road. ~e hcve 30 day¢ to reply. Again I say July 18th, 7:30 at night we wilt discuss it. 17. Long rsland Ferry Study; publication, newsrelease out. There will be a meeting with it on Thursday, June 26th, today a~ 1:30 P~M'. ~uth~ld Town has two people representing the townshi~p on i,~. They are Jos~eph Townsend from Greenport ~nd Francis-Murphy ~om Mattituck. They will represent out town on this ~tudy group. HEARINGS & DEC~S~0N~S~UPER¥1SOR PELL: 1. ~ h~ve tonight a public hearing required b~ la~ on the ~!re code~ which will be known as Southoild Town Fire Code. The hearing is. 7~:.30 tonight. Anybody wishing to make comment on are invited to come tonight and make them. Thi~ ~'!.ll he - w~ have had ~o far throughout the township, we had ~even i.n£orma~ion meetings on this ~lre code in every fire h~use in the township including ~isher~ ~land. T~night is the public hearing by law-which we must hold. 2. %t is the adoption of the proposed Unsafe Building Structure law which we propose. ~e held public hear!ng~ on it, The Town Board at th~s ti.me is not ready to make a decis:ion on i.t, therefore, it will be.on the next agenda, July 8th if the Board is ready to move on it then. There is a reason why we are not ready to move on it. JUNE 26, 1980 There was an amendment To the state one, state Unsafe Building Code. We want To review it, see how it applied to the Town code so weeknow exactly What~the state law says and our Town law says so we are not ready To move on it for that reason. JODY ADAMS: Why is Mr. Cron up there instead of Mr. Tasker? Is he the new town attorney? SUPERIVSOR PELL: Mr. Tasker is out of town for a week or so and we asked Mr. Cron to sit in with us to give us legal advice if we need it and at times we do. JODY ADAMS: Is he being paid for it? SUPERVISOR PELL: Yes, he will be paid for it. JODY ADAMS: At what rate? SUPERVISOR PELL; We will go into that. RESOLUTIONS 1.. SUPERVISOR PELL: Let me explain a little bit about the first (a) resolution for the Fishers Island AirporT. Several years ago, three years ago, I think, the Town Board asked for federal funds to put blacktop on the airstrip over there, the two runways that they have. Two years ago they asked for it, about three weeks ago, two weeks ago, we got a t~ephone call that~th~etfunds have been met. They have the funds to do it but before they can proceed we must have a resolution requesting it again, so the resolution was prepared and au this time Justice Doyen will o£f~r the resolution. Moved by Justice Doyen, seconded by Councilman Drum, WHEREAS~ Elizabeth Airport at Fishers Island is in need of repairs and renovations, and WHEREAS, the cost of said repairs and renovations may quali%y for state and/or federal aid, and WHEREAS, the Supervisor has received a letter ~rom Austin H. Emery, Regional Director of the Department o~ Transportation requesting that an application be submitted To him for said aid for repairs and renovations, NOW, THEREFORE, B ] IT RESOLVED that the Supervisor be and he hereby is authorized and directed to file an application with the Regional Director of the Department o~ Transportation requesting s&id aid for repairs and renovations To Elizabeth Airport consisting of Slurry seal coat on both runways. Vote of the Town Board: Ayes: Councilman Sullivan~ Councilman Murdock, Councilman Nlckles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Resolution No. 2 Attendance Officer. TOWN CLERK TERRY: Excuse me, there are two parts to Resolution No. 1 (b) Moved by Councilman Drum~ seconded by Councilman Murdock, WHEREAS, Elizabeth Airport at Fishers. Island is in need of repairs and renovations, and WHEREAS, the cost of said repairs and renovations may qualify for state and/or federal aid, and WHEREAS, the Supervisor has received a letter from Austin .H. Emery, Regional Director of the Department of Transportation requesting that an application be submitted to him for said aid for repairs and renovations, NOW, THEREFORE BE IT RES©LVED that the Supervisor be and he hereby is authorized and directed to file an application-with the Regional Director of the Department of Transportation requesting said aid for repairs and renovations ~o Elizabeth Airport consisting of slurry seal coat on both runways. Vote of the Town Board: Ayes~ Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum~ Justice Doyen. Supervisor Pell. -This resolution was declared duly adopted. JUNE 26, 1980 183 SUPERVISOR PELL: One thing abo;Ut~this Board, we have a very efficient Town Clerk and I cqnnot ever compliment her enough to keep us all straight and on the narrow path. Case in point was a. and b. I did a. and forgot b. Thank you, Judy. 2. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that Carolyn Grossenbacher, Mattituck, New York, be ~nd she hereby is appointed Attendance Officer, subject to the written approval of the District Superintendent of Schools, throughout the Town of Southotd, except such schools as are otherwise provided for by Section 3213 of the Education Law, and be it further RESOLVED that';the compensation for such Attendance Officer be fixed at $i,200.00 per year payable in regular semi-monthly installments, she to pay her own expenses, and be it further RESOLVED that the Town Clerk be and she is hereby instructed to notify Carolyn Grossenbacher and the District Superintendent of Schools of the appoi~tmen~L Vote of the T~wn Board: Ayes:.c~ncilmanSullivan, Councilman Murdock, CoUncilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 3 pertains to Fi~.hers Island and again it is £or a study ~o have a wastewa~er treatment facility established in Fishers Island. It had been under way I am going to say for at least eighteen months, two years and now comes time we must pass the resolution for them to apply for the state aid funds. 3. Moved by Justice Doyen, seconded by Councilman Drum, WHEREAS, Chapter 659 of the Laws of 1972 of the State of New York and various Federal laws provides financial aid for ~he construction of Water Quality Improvement P~jects; and WHEREAS, it is necessary for the Town of Southold, herein called the ~PPLICANT, to make application for State financial aid for Preparation of a Step I Facilities Plan related to future construction ~ of wastewater treatment facilities for Water Quality Improvemen~ Project; now THEREFORE BE I'T RESOLVED BY The Town Board, the governing body of .... said APPLICANT, as follows: 1. That the Town Supervisor be authorized to make appl!cat$on for S'tate consttuction aid and pr~de the State o£ New York ~uch in£ormat±on~ date ~nd documents pertaining to the. application for a g~ant as may be required, and otherwise act as the authorized representative of the Applicant in connection with said application; 2. That the APPLICANT agrees, that if a Federal grant or grants and State as~sistance for the Water Quality Improvement Project are mad pursuant to the ~ederal Water Pollution Control Act, as amended, or any other Federal Law or p~ogram, and Chapter 659 of the Law~ o£ 1972 of the State of New York, the Town of Southeld ~ill pay the ~ema~ning costs of the approved construction; 3~ That all statements~ data and supporting documents made or submitted hy the APPLICANT in connection with any application ~or ~ede~a~ ass±stance for the proposed construction are to be deemed a part of the ~ppl!cation for State aws.is~tance; 4. That the APPLICANT agrees-~o comply with the Admini~strat$~Te Rules and Regulations ~ the' New Y~rk State Departmen~ o~ Environmental Cons'~rvati. on; 5. That five (.5) certified copies of this~ resolution be prepared to accompany an application for State aid for th~ constructiQn of a Water Quali~ty Iimprovement Project; % 6. That this Resolution take effect !ramediately. Vote of the Town Board: ~yes: Counc~.lman S~llivan, Councilman Murdock, Councilman Nlckles, Councilman Drum, Justice Doyen, .uperv~s~r Pall. Th±s: resolution was dec'lared duly adopted. 4. SUPERVI'SOR PELL~ Number 4, the second part of that ia tO authorSze the signing o£ the agreemelnt for the~e funds'. Moved hy Councilman Nlckles, seconded by Justice Doyen, ~W. HEREAS~ Chapter 659 of the Law~_ o~ 1972 o~ the State of New York and variqus Federal laws provide £!nancial aid ~or the ~con~tr~ctlon of Water Qu~lilty ~l~provement Projects; and ~4EREAS, To~n of SOuthold, 53095..Main Road, Southold, New-York 11~71 hereinafter called the APPLICANT, has made application ~or STATE Aid for Construction of Water Quliaty Improvement Project, Bond Ac~ JUNE 26, 1980 o Pro~ect Number C-36-1149-01-Q and WHEREAS, it is necessary that a contract by and between THE PEOPLE OF THE STATE. OF NEW YORK, hereinafter referred-as the STATE, for such STATE aid be executed on behalf of the Town of Southold; ~ow THEREFORE BE IT RESOLVED by the Town Board, the governing body of sgid APPLICANT~' as follows: 1. That the Town Supervisor be hereby authorized to sign, on behalf of the APPLICANT, a STATE contract providing for payment by the STATE of a portion of the cost o£ construction of the Water Quality Improvement Project; and 2. That the Town Supervisor be disignated as the Fiscal Officer of said APPLICANT to receive and distribute funds as the authorized Fiscal Officer of the APPLICANT in connection with said ProjeCt; and 3~ That the Applicant agrees that it will fund its portion of the cost of construction of said Water ~ality Improvement P~oject; and 4. That five (5) Certified Copies of this Resolution be prepared and sent to the New York State Department of EnVironmental Conservation, Albany, New York, Together with the isgned STATE con~rac~, and 5. That this Resolution shall take effect iramediately. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the application of Geraldine Davis dated May 7, 1980 for a trailer permit renewal for a trailer on her property on the south side of Sound Avenue,Mattituck New York be and hereby is granted for a six month period. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen~ Supervisor Dell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Sul!:i~an, it RESOLVED thatthe Town Board of the Town of Southold set 3:40 P·M~, Tuesday, July 22, 1980, Southold Town Hall~ Main Road, Southold, New York as time and place for hearing upon application of Mary LePeter for a.permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to construct a dock, cat- walk, ramp and float at 3800 Deep Hole Drive, on a canal off Deep Hole Creek, Mattituck, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman. Murdock, Councilman Nickles, Councilman Drum, Justice Doyen· Supervisor Dell. This resolution was declared duly'adopted. SUPERVISOR DELL: ! asked the Town Board to pass a resolution today to oppose theorate increase of Long Es-land Light e~ecti~e .8.8% October t, 9.1. in May. ~ have askedthe Town Board today to pass a reso~tion opposing this. WHEREAS the Long Island L~ghting Company has proposed an ~ncrease 17.9% for its" electrical customers, and WHEREAS the new rares would increase e~ectrical revenues by $228 m~tlion annually, and WHEREAS the development of the Shoreham Nuclear Power Station may not provide reliable and safe electrical service .tO Long Island, and WHEREAS the Shoreham Plant is the mos:z cos~tly electrical plant ever constructed, NOW, H/4EREFORE BE IU RESOLVED tha tthe Town Board of the. Town Southold hereby opposed the proposed increase in electrical ~-~ates by the Long. I'sland Lighting Company, and a copy of this resolution be forwardeda, to_~he New York State Public Service Commission. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Dell. This resolution was declared duly SUPERVISOR DELL: As I said before, we will go through, the ~h~le agenda and then we will come back and discuss any point you want to discuss. JODY ADAMS: Then will you revote if ~omebody ~y2ants to make a pQ.!nt before yon vore you revote? 10. SUPERVISOR PELL: If the Board feels it is necessary, yes. I'd like to go on to number 10. James L. Gray requesting money for dredging on the south side o£ the inlet on Nassau Point. This is in the budget. We do allow assistance on these matters. On motion o£ Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED thatthe Town of Southold enter into an agreement with the Lagoon Association of Nassau Point, Cutchogue, New York for dredging the south inlet on Nassau Point at one half the cost of said d~edging, not to exceed $475.00 in Town funds. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Poll. This resolution was decl~ed duly ~dopted. 11. On motion of Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the following Southold Town employees be granted salary step increases in the amount o£ $500.00 effective July 1, 1980: * Vote of the Town BOard: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Justice Doyen, Supervisor Pell. (*Antionette Berkoski,Douglas V. Clark,Christina J. Hogan) This resolution was declared duly adopted. SUPERVISOR PELL: Number 12, 13, and 14 we will take one au a time but they a~e all legal bil~. ~Whe~ th'~ To~n had to go to court en different matters we engaged the law-firm of of Smith, Fi.nkelstein, Lundberg, Cr!mmins and Yakabos-k!. Mr. Francis Yakabos~ki !e the one who works with the To~n of Southotd i.n representing us. ~ ~!ll take each one as individual bills to pay them. 12. On motion of Councilman Nickle~, seconded hy Councilman Drum, it RESOLVED that the Town Roard of the Town of SouthDld authorize~ paymenv in the amount of $3,150'.~0 to Smith, Finkelsteln, Lundberg Crin%m!ns~ & Yakaboski for.services ~endeered in connection with Bryce V. Gillespie, et al. Vote of.the Towhn Board: Ayes: Councilman S~ll!.van, Councilman Murdock, CQuncllman N!ckles, Councilman Drum, J~stice Doyen, Supervisor Poll. This resolution 'was declared duly adop~ed~ 13. On motion of Justice Doyen, seconded hy C0uncilm~n Murdock, it ~a~ RESOLVED thatthe Town Board o~ the Town o~ S~uthold authorizes payment in the amount of $493'.00 ~o Smith, Finkel'stein, Lundberg, Crimmins, and Ya[~abosKi for services rendered in connection Town of $outhold V. Carey Vote o£ the Town Board: Eyes: Councflman SUllivan~ Councilman ~urdock, Councilman N~ckles, Councilman Drum, Justice Doyen, ~Upervi~r Pell. This. resolution was declared duly adopted. 14. On motion of Councilman Drum, saconde.d h y Councilman Mumdock., ~t was RESOLVED thgt the Town Board of...tha To~n o£.S'o.uiho, ld au't.hor!~e~ payment in the amount o£ $1,500'.G0 zo Smith_, F!nkels:tein, Lundherg~ Crimmins and Yakah0ski for services nendened in connection with. Larson v. Charles 6rigonis em al. Vote of the Town Board: Ayes': Councilman Sul~ivan~ Councilman MUrdock, Councilman Nickles, Councilman Drum, Justice Doyen~ Supervisor Poll. This resolution was declared duly ad~pted. BERTRrCE SMALL: Mr. Pell~ excuse me~ ~!r, hut thes. e legal bills come to SOme $5,000. or more~ I am curious ~ to wheiher we won in these cases. SUPERVTSOR PELL: We will go into them in length, our atvorney is already prepared to go into them. 15. On motion of Councilman Drum,.seconded by Councilman Murdock, it was RESOLVED that the Town Board o£ the Town of Southold hire Patricia Johnson as a par~ time Radio Opera,or at the Southold Town Police Headquarters at a salary of $4.00 per hour, effective June 30, 1980. Vote of the Town Board; Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, gustice Doyen, Supervisor Poll. This resolution was declared'duly adopted. 16. 17. 18. On motion~ of Councilman Nickles, seconded by Justice Doyen, it was RESOLVED that Francis J. Yakaboski and Frank A. Islet be, and they hereby are, appointed special counsel to the Town of Southold for the purpose of prosecuting violations of the Ordinancesa~of the Town of Southold, ahd be it FURTHER RESOLVED that they be paid a reasonable fee for their services. Vote of the Town Board: Ayes: Councilman Sullivan, CouncilMan Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pel]. This resolution was declared dulyadopted. SUPERVISOR PELL: We move on to number 17 As you may have rlead Mary Tuthill is retiring from Manager of ~he Nutrition Program in Greenpor~. We did interview, the Office of the Aging sent their representative down here, we interviewed four people for the job. It is the recommendation of theis committee, myself and Mrs. Rinde to recommend to the Board to hire Venetia McKeighan for this job. She is a local girl. She lives here in Town of Southold-Greenport area ~nd it is our recommendation to the Board to hire Vee effective July 1. On motion of Councilman Drum, seconded hy Councilman Nicklea, it was RESOLVED that the Town Board of the Town of Sou.thold hire Venetia McKeigh~n as Site Manager of the Southold Town Nutrition Program for the Elderly at a salary oS $9,500.00 per annum, e~f.ective July if 1980. Vote of the Town Board: Ayes-: Councilman Sullivan, Councilman Nickles~ Councilman Drum~ Justice Doyen, Supervis:or pel. 1. Abstain: Councilman M~rdock. This resolution was-declared duly adopted, S'UPERV~SOR PELL: Numb-er 18 is to pay~ Morchel Ha~t!ng and Air Conditioning the sum o~ $3,890.00 ~Thi~ i~ the last bill to be paid on the annex of the Town Hall, ~h~t ~e call th~ east wing extension. We had a little difficulty, ~ith our Y~o~k Air Conditioning equipment we put in. We had YOrk come out a month, ago and correct the things we had and everyth.~nh and now th~"archi'tect recommends we pay this hill. On motion of SnBerT~or pell, seconded by Councilman Murdock. it ~a_~ RESOLVED that the Town Board of the To~n o~ ~'~uth~ld authoriZe~ paymen~ o£ $3~890.~0 to Morchel Heating and Air Conditioning as final payment for work performed at the Town H~I1 addition, GPA Job No. 80335; su~hject to..Town Attorney. Tas~ker~s approval. Vote of the Town Board~ Ayes: Councilman SUllivan~ Councilman Mnrdock, Councilman Nlckles, Ceunc!lm~n Drum~ Justice Doyen, Supervisor Pell. This resolution was-declared duly adopted. SUPERVISOR PELL: Number 19. The Board did discuss at great length today an are~ of putting a street l!ghZ up in one area down on Indian Neck Road~ down at the foot of it~ The request ~s made by ~iSS Adams who is in the audience now. Councilman Drum ~ent do~n there today~ examiaed it, made his recommendation to; the Board. The Board ~n working ses~ion did listen ~o Miss. Adam~ who was there at grea~ leng~ and the Board agrees with Councilman Drum the street light at this time, in this area, w~s' no~ to be,granted. I tqld Miss Adams a t this time and before she would na~e a chance ~o speak on this in the Town public meeting and ~£ she wishes to be heard. Henry do you have some comments? COUNCILMAN DRUM: No, other than the fact that there is a light there at presen~ and I feel this serves the purpose as adeq~a~e~ The pres'en~ light. SUPERVISOR PELL: Ail right. I do not feel I need a resolution on this. It was put on here but the Board does agree totally th~ one is not to be put there at this time. We h~e instructed, 'will not instruct the lighting department to put one there. COUNCILMAN MURDOCK: I think an additional comment should be made that the Town is buying new type o£ bulb that is supposed to give three times as much lighting in the area and when the new bulbs come in one of them is going to be placed on the pole that is currently in the area. MISS ADAMS: Can you tell me, is that i!n~width, in what direction? COUNCILMAN MURDOCK: In any direction the light shines provided there is no obstructions to its path. MISS ADAMS: It will be how many vlmes what it now does? COUNCILMAN MURDOCK: Three. MISS ADAMS: Three times the width. COUNCILMAN MURDOCK: Three times the lighting quality. MISS ADAMS: It will not be a greater area, it. will be th~ same area but just brighter, am I right? You made the statement Mr. Murdock as if it were pertinent to the subject. COUNCILMAN MURDOCK: It is pertinent to the subject that we will be putting a light in the area that will provide three times the illumination than the present light does. MISS ADAMS: It will not illuminate any greater area? COUNCILMAN MURDOCK: I am not an engineer. SUPERVISOR PELL: Mr. Dean is not here right now. If he comes back in I will ask him this question. I'd like to move on to the next three which you do not have on your agenda. We are reviewing our traffic laws. We have a set date to ha~e a public hearing on proposed code Changes To our traffic taws. Stop signs, yield signs, speed signs on Town roads. On motion of Supervisor Pell, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at 3:45 P.M., Tuesday, July 22; 1980 at the Southold Town Hall~ Main Road, Southold~ New York in the matter:6f the amendment af the Code of the Town of Southold, Chapter 92, Vehicle and Traffic. Yore of the Town Board: Ayes: Councilman Sullivan, Councilman MUrdock, Councilman N!¢kles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. 21. On motion of Supervisor Pell, seconded by Councilman Nickles, it was RESOLV'ED thatthe Town Board of the Town of Southeld hire Andrew Huszak, Jr. as a Laborer for the Department of Public Works at a ~:alary of 45.65 per hour on a one year probationary period. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Nlckles, Councilman Drum, Justice Doyen, Supervisor Petl. Abstain: Councilman Murdock. This resolution was declared duly adopted. SUPERVISOR PELL: Item number 22. ~e opened bids today for repair to 75 feet of bulkhead in Mattituck between ths Anchor Inn and 01d Mill Inn. It is a Town road end there~ The bulkhead has been washed out for the last few years. The Town Board has put it out to bid. Fa had two bids and we opened up tbs bilds today and I believe we are ready to award, 22. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold award the bid for hulkheadlng 75 lin ft. on Mattituck Creek at Mill Road between Old Mill ~nn and Anchor Inn at Mattituck, New York ye James H. Ram~o, ~nc~ at the low bid of $12, 064.00 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock~ Councilman NIckles, Councilman Drum, Justice Doyen, Supervisor Pell. Thai resolution was declared duly adopted. SUPERVISOR PELL: That completes the formal part of the Board's agenda. I will ask the Town Board if they have anything To bring up. Larry? (nothing) Hank? (nothing) John? (nothing) Francis? (nothing) George? (nothing). Okay, the floor is yours. One at a time. Please stand and identify yourself so the Town Clerk can get your name. ~R~ ALEX POR~ANDA; ~ lite in South~od .con4m. un~tyand am President ~ th~ ~outh-~a~od Property Owner~ Ass~ciatlen~ The ¢~nm~unity is one ~t~eet east of Okalawn Avenue'Extens~on and smu'th to Goose Neck. We are concerned about the proposal to eliminate Jockey Creek Bridge. ~f our Town administrators decades ago saw fit to erect a b?idge when there were fewer than 5% of the people in the area currently usl.ng our bridge today then 1 can't s.ee the wisdom of trying to knock, de~n the bridge that is serving more than twenty times the nu~he'r ~ people~ ~ have seen people use that birdge to walk. to town. Elderly people. I've seen ladies go to Mass, my ~ather who ts 89 agains,t my wishes when I~m not home sometimes goes to the pharmacy. ~t doesn't make sense. The southwood Property O~mers Association therefore is completely opposed to the idea. of eliminating that bridge because we ne~d it. Thank you. SUPERVISOR PELL: The Town Board feels this: is very important, this iS ~h~ ~e have chosen one night to dedicate a public hearing on th%s~ 1 hope you will come. July 18th, 7:30 MR~ POR~ANDA: ~ould you like a letter on this? SUPERVISOR PELL: I sure would like a letter, yes. This is a tentative date but I~m pretty sure that will be it because they have to get the engineers from the county out here to answer some of the things we can't answer. I have a call in to them. They have not called back to con%irm the date as yet. MR~ PROIANDA: It was my understanding that today there was Supposed to be a representative of the county~ MRS~ SMALL: I am going to go back to what Alex was talking about because I think it is very important that the Town Board get a little input. I own a shop in the village. I live in Southo~d. If that bridge is removed I have a one mile round trip extra .from ~ d~Ve~ay to the front of my shOp~ HOw about the ~ire dep&rtment, i~ .they're forced .to go around during a h~a~y traffic period on Main Road we h~ve a danger to life and proper~y~ I also: h~ing up ambulances, .! bring up school buses, the extra gas expended ~n the~e public vehicles Ss going to cost the taxpayer who is already Overbardened~ There are a number df young children, I think, in the S'outh~ood area and along Pine Neck Road who walk to and from the village~ They can no longer do so. Mothers who send their teenagers off on m~rket trips, right now the kids can come down Pine Neck., acro~s that bridge~ on to Wells, to Hill, to youngs Ayenue~ they are never on Main Road at all~ Mai:n Road has trucks, t has buses and that mntersectioe up there coming down from ~ain Bayview is th~ biggest accident maker i~n this Town~ Ail right, this bridge ~erYes several thousand people, not only Southwood, Harbor Lights iS out thane, okay? Remove it is doing a disservice to the taxpayers-of ~hls community, the whole community. If you remove that bridge you concentrare all the traffic that goes on that b~idge on already heavily trafficed areas' in this Town , then those roads are gQ%ng to need more reprirs, more money out of my pocket, more money' out of M0ur pocket. Possibly the roads will have to be Widened. that means-more money out of my pocket, more money out of your pocket, and possibly confiscation of private property zo %viden those roads'. ~'o. I~th£nk the Town'would be wise ~o lisven to a little bit now and then hear more on the 18th. SUPERVISOR PELL: Right, I'd like to see you on the 18th. COUNCILMAN SULLIVAN: The first thing I heard about the bridge being removed was in the papers today. I think the Town Board is in no way ready to eliminate the bridge. It is jsut a confused ~ituation. MRS. SMALL: Can the county eliminate that bridge over our wishes? COUNCILMAN SULLIVAN: It is a county owned and maintained, I believe, bridge, so whether they can or not, legally, I don't know. MRS. SMALL: Do you thin k it would be incumbent upon the Board to check into how many people live over on the other side of that bridge at this particular time; the people being served by the bridge? SUPERVISOR PELL:' The letter I read from the county said they do not 189;_ JUNE 26, 1980 propose to eliminate this b2idge, I'.nepeat, they do not propose -- MRS. SMALL: Then why have they brought it up? SUPERVISOR PELL: Some local sentiment, they~said, exists. brought it up to them. Somebody MRS. SMALL: And we all know who that is don't we? MR. JOHN KENT: I'd like to acquaint the Town Board with the fact that the trailer along is no longer the sole problem. And further- mo~e the :_u::thas become a working yard where they start working at eight o'clock in ~he morning and so forth until £our o'clock in the afternoon and they have brought i~ truck loads of equipment which they must use, I don't know, for molds or for whatever they have to use for work onzthe causeway. Now, all these trucks and other implements are being parked in this lot and they come at 7:30 in the morning and disturb the whole neighborhood. There are prospective tenants or neighbors who would like to rent their property; sub- stantial rental who now have second thoughts on renting this property which means a substantial loss maybe into thousands of dollars. We also know that you have asked them to remove the trailer, Now, what are we going to do to get them out of there? SUPERVISOR PELL: The Building Department is in the process of taking legal action against these trailers and unauthorized use of that land. You have the photographs. I did see them yesterday. (Mr. Kent presented photographs to be made part of the record.) SUPERVISOR PELL The Building Department is working. As they say, the law sometimes moves slow, we wish it could move a little bit faster but we had the building Inspector in today. We had discussed it with him, he knows of our decision today, he will be told to move as fast as he can. MRS. NORMA MILLER: They don't listen to you. COUNCILMAN DRUM: Today is the first time that we denied the application. MRS. M~LLER; The Building Department has notified them twice. I asked at the Town Board meeting and you said no heavy equipment I personally tangled with a bulldozer twice. I don't normally do those kind of things and I~m getting very very neurotic out here. ! told them the Town Board said you-can't do this. SUPERV1SO~ PELL~ Mrs. Miller, I understand you have been. I have ~et with you twice. Mr. Fisher has tried his best. He is preparing legal papers that is the next step. MRS. MILLER: I have lost money as of today. In other words I must hire a lawyer and sue, get af£idavizs -- it is £ive weeks. SUPERV~SOR]~PELL: ~e are not powerless. MRS. MILLER: It is five weeks, They did not ask for a permit. They asked for approval after the fact. I appreciate the problemthat you have and ! do congratualte you for denying the application. MR. HERBERT MANDEL: It's not on your agenda, but there are a number of property here from Gull Pond who are abhored by the resolution of the Board that was passed on March llth and are very much against it,:and iS very much against it. I would just like a show o£ hands to indicate who is here in case you wish to hear any other rep- resentative on that subject. SUPERVISOR PELL: All my neighborhood is here, right? I would like to address the audience. You and two of your other folks were at Town Board working group today at'half past two. The problem is, and I will ask the Town Attorney today, do you want to comment on the problem, Dick? Dick Lark, our Town Attorney for today, Dick Cron, I'm sorry. ~ICHARD J. C~6~q, ESQ.: Let me say in Comment to what the lady in the rear.just brought up. Unfortunately what has happened in the past has nothing to do with what the Town Board has done today, They have an application before it and they reviewed the application and they denied it by resolution. The matter was in the han~s of the Building Department up to this point. The Bui.lding Department, as it must when ir'finds a violation of the ordinance, must serve a certain notice upon the people who are violating the ordinance. If they then cease to, if they refuse to act in accordance with the notice the obligation of the Building Department is to refer the matter to the Town Attorney who whoever is going to prosecute violations of Town ordinances. I understand that is in the process of being done and presumably the next step will be that the attorney who is being hired to prosecute the case on behal~ of the Town will move the matter into court and proceed like any other court case. I know that probably doesn't give you what you are looking for but I'm not going to-comment and tell somebody else What they should do. MR. KENT: This man took possession o~ that property without permission. He is there. MR. CONR: I don't know whether he took possession without permission, I assume that whoever moved the trailer on there had permission from whoever owned the land. B~t i£ he did it in v~olation of the law is something else. MR. KENT: Just because the owner breaks the law does not make it right. ~R. CRON: Nobody says it is right, that is why s~eps are being taken now t~ rectify it. SUPERVI'SOR PELL: Mrs. Miller, you cannot say that there~is no.~fine at this date. Steps are being taken, ~ hope, to go to trial and court and s~mething will be done about it, yes. NOEL LUTKOWSKI: ~. live on Inlet Lane in Greenport. I am one of Mr. ~andel~s neighbors. I would like to get a - I think you ~e£erred the legal matter over to the'Tow~ Attorney so I would like to hear what he has to say about it but while I still have the floor if ! just may make another point regarding the Klipp Park do~n at Gull Pond. This is. one of the most beaut~£ul parks~ ~oh~b~t'Y~c~t~i:~l~°en~eas't~n Long Island, maybe thfs part of the eas~t .coas~t~ and ~.live a short block up'from the gate and I'm gett~ng~ frankly, pretty disgusted w. lth what goes on there at night as long as-the weather is fairly warm there are a lot of kids down there drinking beer, doing all kinds of other th.ings, proh~bl~ SmQklng pot, taking drugs, whatever~ The other night the ~ate~ got locked for the first time this season and seems that one of our younger citizens was locked in, decided to dlrve hSS car ~ut ~nd he did so through the gate and he did a very nice job Qf, ~ guess, wiping out about two or three tkousand .dollars ~arth_ ~f fencing. SUPERVISOR PELL: Twelve hundred and fifty dollars. ~R~ LUTKOW~K.!; Twelve hundred, thank you. I'd like to ask for increas~ed police protection down there~ the possibility of t.he gate being closed all year round and I would like to find out What are your plans for replacing that gate ahd having it locked at night? SUPERVISOR PELL: The Board got the bill today. The gentleman was to he in court this morning. He had a court case with the. Town ~.~r~ court today, The estimate to repair the damage done is $1,250.00. If mY information is correct, and I stand to be corrected, the gentleman was not locked in, he went through and came back out. MR. LUTKOWSK!i: No, I was a witness and ~that~s not the way I saw-~t. S'UPE~I!SOR PELL: The Chief of Police was in today. It was discussed. also live down there right where you li~e. ~R, LUTKO~SKI: I saw you Monday morning ~oming back from the beach ~nd you were absolutely disgusted. JUNE 26, 1980 SUPERVISOR PELL: It was brought, up in the Police Committee.- The Chi[el ~ Police was'as-ked to~[h~:more'~e~forcement down at that particular site, especially while the gate is not locked you cannot close it down at night. It is a raceway and this was brought to his attention today. I think I have been on Town Board for three years two, two and a half to three years and I only complained to the police personally over something twice, both ~imes was in the last t~ weeks, of that becoming a raceway at night. MR. LUTKOWSKI: first name now. gate up. I've complained so many times they know me by my But anyway, when do you think we'll have the new SUPERVISOR PELL: Mr. Dean, how long before we'll[have the new gate, any idea? HIGHWAY SUPERINTENDENT DEAN: As soon as we build it. It should be within a week. If we can get the components and parts and stuff like that. I'll start tomorrow morning getting the parts. MR. ALEX MARTAGAS: I also live on Manhasset Avenue in Greenport and ! want to further complain about, first of all, the problem at Gull Pond and the raceway that we have. The other day I had my 6hild~outside and this blue Trans ~zm Camaro came up at about 85 miles per hour. The car in front of him was so afraid he pulled over into the grass and the car in front of him went over the other way. This had been a common occurance and not one time. At night we sit there, me and my wife~ and say well, there's another two gallons worth of gas and abo~t two dollars worth O~ rubber. It i~ really, an embarassment to see these cars racing and causing the problems and what have you. I would like to see either some kind of patrol mr stop sign or yield sign or bumps in the road or some- thing to stop this.. If you don't someone is going ~ get killed, and that is going to happen. SUPERVISOR PELL: This was discussed today at Police Committee g~d the Police Committee instructed to have more patrol down there. I' know exactly what you are talking about, MR. LUTKO~'K~ Can we get some more information on that other meeting? MR. CRON; ~ met at a Board session and Mr. Mendel, I believe, was present~ ~ would like to say at the outset'that I got involved in this thing ju~v as of yesterday and you can apprebiate that basically r am herecon a pinch hi't basis. The Town Attorney for the Town i~ away and while ~ have specific opinions, of ~y ownf~I had asked the Board to withhold or delay making any determination until the Town Attorney. returned next week. I think there are some serious ques~t~on~ that will have to he resolved with respect to what has heart committed in the past. It is my opinion I think the'action that ~s co~mmitted there was somethln~ that s:hould not continue Ag~!n, [ have indicated to the Board that 1 thought it should be deferred until the Town Attorney returns. If is only fair that he make the final determination. SUPERVISOR PELL: What we have done. We will ask the Trustees not to issue any more mooring permits. They have issued one so far, ~ne. They have a meeting on July 2nd with more on the agenda. We will ask them not to issue any more Until after the Town Board mee~s on July 8th ~ith Mr. Cron, our Town Attorney Mr. Tasker and evaluate the situation we find ourselve~ in, so therefore no action will be taken on this matter until July 8th, 7:30 at night when the Board meets. MARTINE MIORANA: Assuming they don't remove the trailer and you do take them to court, how long will that take?' MR. CRON: There are remedies and I am not going ~o comment as to how somebody else is going vo conduct the case. I think the Town will have to rely on the counsel that they hire to expeditiously move the matter to a satisfactory and prompt conclusion. COUNCILMAN DRUM~ Of:course, at this time we cannot say that they will not remove it immediately. Remember, today is the first time that we denied their permit. Now, the owners may well see that they're removed in the very near future. JUNE 26, 1980 --MR. KENT: Aren't the owners of the property in violation for putting those trailers there? MR. C~ON: Yes, they've been cited for it. MB. LUTKOWSKI: What about that one permit down in G~ll Pond? MR. CRON: That will come before the Board on July 8th. It will remain as is until a final determination of the board on July 8th. MR. LUTKOWSKI: What is as~is? I understand a permit has been issued. MR. CRON: That's right, and that status will remain until July I think the final determination outght to be made by the Town Attorney as to whether rec~ion of anything that was hereto£ore granted should be done. The Town Trustees could review it again and do just that. MR. ISRAEL: Will that be on the agenda July 8th? SUPERVISOR PELL: Yes, it will. 7:30 at night, it is a night meeting. Anybody else wish to be heard? MRS. MIORANA: Once the trailers are removed, there was fill put in there and I would like to know to whom we should address ourselves. Whatever'?they dug out of the highway was put in there and the land was filled in with that. The land was filled in with highway debris. SUPERVISOR PELL: We will turn it over to the Building Department and ~ will personally make sure that they pursue it and on top of it I have medea, one telephone call to the DEC on this. Mrs. Miller was next to me when I made it, to amke sure they are aware of what is going on. MR. KENT:' I only concerned, how can Mrs. Miller be indemnified for the less of the tenant t~ this thing does not take place? MR. CON: She had better seek private counsel. COUNCILMAN SULLIVAN: I know you are under no obligation, obviously, to do this, but you are aware of any spots that they could relocate to? MRS. M!ORANA: .What about down at the Mallard Inn? COUNCILMAN SULLIVAN: Do you have any other alterantive site, s that ~ould not be objectionable to you? ~MRS. MILLER: The Mallard Inn. MRS. L!MOUZE: Truman Beach. MR. KENT: At the very end of the causeway. MR. CHARLES MALONE: I live on the North Sea Drive and !~d Like to gem s~me information about the condition of the beach. Groins being constructed and any engineering surveys and analysis being made in reagrd to the erosion of the beaches on the north shore? SUPERVISOR PELL: North Sea Drive? Up here on the sound at Kenney's Beach. That is exactly what I said before. The county is coming out to make a study on this. I was talking to the county executi.ve ~ yesterday to get Mr. Kammerer to get his act m~ving a little bit faster than he has. The county is going to make a study, yes, on the whole area. It is under way. MR. MALONE: The question I have is why it is occurring in recent years is it from the construction of groins or is it the changing of tides? SUPERVISOR PELL: This is what we are trying to find out. We don't know either. This is why we asked for a study to be made. The county is funding it with their funds and it is in the works[ MR. MALONE: One other point irrelevant to that, is the idea of raceway. Cars racing up and down Kenney~s Road. I observed that last night, the same'condition as the other property owners mentioned and the police are aware of it. MRS. MIORANA: Just one last word before we leave, we want to thank you for your consideration and time. GLADYS CSAJKO: On number 16, who took your cases to court, who prosecuted before? SUPERVISOR PELL: Mr. Yakaboski: MRS. CSAJKO : In other words you are hiring -- to prosecute the case, what are you doing now? SUPERVISOR PELL: What we are doing now, we are hiring Frank and he has to be appointed by the Board and his assistant. His assistant will cost us less per hour to use to do some o£ the ground work before Frank goes to court. If Frank has to do all the ground work he is more expensive per hour and Frank ~sked us to hire his assistant also. There is about $25.00 difference in fee per hour. I think it is $60. and $85., if my notes are right, per hour. MR. FRANK BEAR: I just want to publicly thank the Board for delaying action on the coastal management legislation matter. I, as you know, read a statement to the Board and I would like to nevertheless submit it for the record and just want to thank the B~ard taking this under consideration and hope that you 'will see that we do have a great deal to gain. (The following statement was read by Mr. Bear at the work session of the Board:) "If the State of New York does not pass coastal management legislation, neither the state nor the Town of Southold will be eliiible for funding to implement coastal programs. It is true that the state now has wetlands and other legislation which covers most if not all of the points covered under the coastal management legislation which is required to make us eligible for funding, but without the blanket legislation, the financial burden becomes entirely one for the state and local governments. At the present time, only ~our states have failed to take advantage of the program and some already have begun to receive funding. "In the Town of Southold, four areas have been designated as Georgraphlc Areas of Particular Concern ~GAPC's), plus the Village of Gree~port~ Probably the most important 2rao~g these now is Mattituck ~nlet~ v~he~e th~s~ Board's committee is ~rking toward a solution c~e~t.e~ hy the 'tank £ar~. Under CZ~, this study and its implementation would ~e eligible ~or funding. Related to tha~, but on a broader scale, is the Town Plan~ing Board~s consideration of an updated to~n deTelopment plan. ~unding also could be available for that ~ecause ~a Town of Southo~is almost entirely within the designated ceasfat zone. Other GAPC's in the town are Peconic Dunes, Orient Point and - date I mention it? - Robins Island. ~' Three Long ~sland T6wns in.,addition to the Village of Greenport already have expressed interest in the funding which could be available l~ the state passes the coastal management legislation - which in ~act already has passed the Assembly but is held up in ~ ~enate co~am!ttee. They ~re B~oekhaven~ North Hempstead and ~uthampton. The Town of Seuthold could be eligible too~-~!£ the s~ate legislation heco~es law. NANCY NORKELUN: 1 have just spent four exasperating hours here in the Town Hall and I just wanted to bring it to the Board,s attention of what's going on. My-inlaws ~n Ori.ent want to sell two pieces, or property~ They were bought ten years ~part from each other, before zoning came into e×is-tenoe. They are bounded by about twenty £eet. We are told all of a sudden now' that we have a buyer that this property has to be s~bdi¥ided~ The~'~hyer ~ant~ to clos-e within a month. They telI us it is. g~l.ng to t~ke three months to subdivide this piece o£ property that we hover asked to have put together. It is going to take t!me~ We will ~sa~et'he buyer and we want to know what can be done wmthout g~ing through. all th~s. Look at the papers. Thi~ doesn,t make any ~ens:~ COUNCrLMAN DRUM: r am very much concerned as- you are and un- fortunately our regular Town Attorney is net here and ~ill nat back and ~ hope this can be discuase~ to .s'ome extent next week with~our Town Attorney. SUPERVISOR PELL: Ail I can tell you is, the Town Attorney gets back the first of the week and I will ask him to come in, I ~ill ask the Board to come in prior to the 8th tO go over this what you have just --- your inlaws have asked me abo~t it. I will ask the Town Attorney and Board prior to the 8th to review this and several other things to see if we can't -- I went over this with the Assessors, the tax people and the Building Department to be honest with YOU right off hand I don't know what you can do. This is what I want to see Mr. Tasker when he comes back on. But as far as now I don't know how you can do it. COUNCILMAN MURDOCK: How large are the p~ces? MRS. NORKELUN: About half an acre p~ces. COUNCILMAN MURDOCK: Unfortunately, we put in one acre minimu~ zoning law --- MRS. NORKELUN: These were pre-existing properties before. COUNCILMAN MURDOCK: I understand that, but in the law it sayas that any contiguous properties, no matter when they are bought are to be considered one peice of property. That was the law that was, I think ~t was about eleven ot twelve years ago that the one acre zoning went in. MRS. NORKELUN: The property owners were not informed of this? COUNCILMAN MURDOCK: I am sure they had public hearings at the ti~e. They might not have gotten ahold of your mother and father and said, you know you bought two pieces of,property ten years apart. This is what's happening. I am reasonably sure, I would have to really research it to find out what the public notices were and all the minutes of the meetings of the public hearing~ But 1 an reasonably sure all of these things were gone into detail with the public. MRS. NORKELUN: It was a complete surprise to everybody when all of a sudden we were tol~ we had~to subdivide the property. ~SUPE~VISOR PELL: You received two tax bills ~lght' aton~ MRS. NORKELUN: Two tax bills, two deeds, right along. SUPERIVSOR PELL: My point of view when I talked to your mother- in~law was if you bought them ten years apart and receiving two tax bills right along --- MRS, NORKELUN: There is a mortgage on one piece of propert~ and not on the other. SUPERVISOR PELL: How in the world all of a sudden this goes ~rom two into one .... MRS. N0~KELUN: One is zoned business and one is zened residential. SUPERVISOR PELL: I wen~ around with the people yesterday. The Town Attorney ~ tried to call him yesterday after I spoke to your mother-in-law and he~s out of town. MRS. NORKELUN: We felt we would all go along with it and we'll do all this and then we're told it's going to take three months and we will lose a buyer and all sorts of things. COUNCILMAN NICKLES: I may be corrected if I am wrong, but people that do not own property in single and separate ownership when zoning came an- their lots were not equivalent to the one acre lost their single and separate lots. In other w~rds in order to ~aintain two pieces of property one would have ~o be, lets say, in your name, one would have to be in your husband's name. But if they were js~t solely in your name even if you have the deeds ten years apart and a martgage, no one knows that in the zoning- planning board area so haturally it's combined. There are a lot of people in the same boat that you are that had four, ~ive, six lots contiguously in single and separate ownership in filed subdivisions who were not exempted from the new-ordinance and it is un£ortunate that those htings happened. We Will see what we can do to expedite it hut I think it is. going to be a major ~- JUNE 26, 1980 COUNCILMAN MURDOCK: It probably won't help you any, but just to give you an example, when my next door neighbor died he had left in his will that I buy two lots from him that we had been sharing jointly over the years and_he had it in his will that his heirs be instructed to se~l me t~e property and it happend to be a very nominal sum. We had to go. I don't know, took maybe six months and we had to hire many attorneys because nobody had ever left a provision in a will but the Town Law survives and it is single and separate. Any contiguous property is one property and we do have a Zoning Board of Appeals and that is probably --- MRS. NORKELUN: The Zonignn Board of Appeals and we have to go to the Planning Board and by that time it will be the end of September. SUPERVISOR PELL: We will talk to our Town Attorney next we~k and get back on this. I came up with the same thing going around the Town Hall as you did, thre~ months. COUNCILMAN NICKLES: I wou] suggesv that you make the applications before the Zoning Board of Appeals rather than ~aiting. I would get them filed because it it turns out we can'~t do something for you or it is the recommend~tion of our Town'Attorney and you have waited anoSher week to ten Board of ~ppeals in time sc your application to the Zon MRS. NORKELUN: We are tryi exasperating. COUNCILMAN N1CKLES: You do MR. MALONE: There is prope into smaller lots a long ti SUPERVISOR PELL: I wouldn' M~. MALONE: ~t had been su that could be sold now? COUNCILMAN NICKLES: If it and it meets the S:u~folk c¢ are buildable lots. MR. CRON: If it meets the and frontage and so forth SUPERVISOR PELL: Before yo s~op down and see Mr~ Fishe there righ~ now and he can On motion of Councilman Nic EESOLVED that there being n Town Board meeting adj0urnm Vote of the T~wn Board: Aye Mu~dock~ Councilman Nickle S~pervisor Pell. This resolution was. declare ~ays you may no~ even get on the Zoning would suggest you do your part, file ing Board of ].~Appeals. ag to go along with it but it is just your side and we'll see what we can do. rty near where I am that has been divided ne ago~ Can that be sold individually.? know that. divided before and I am curious whether is in single and separate ov~nership anty Board of Heatth. requirements th.ey rown zoning requirements as to area leave here, 1£ you've got a minate, in the Bui_~di. ng Department, he~a nswer you. ~les~ seconded by Councilman Murdock, it further hus:iness to co~e be~re this ~nt be called at 4.:3G P.M. Councilman Sulli.van~ Councilman Councilman Drum, Justice Doyen~ duly adopted. Jud~th..T. hT~rry To~n Clerk