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HomeMy WebLinkAboutTB-09/09/1980· '~0UTI~0LD TOWN B'O~RD September 9, 1980 EXECUTIVE SESSION 8:00 A.M. - 9:10 A.~. The Board discussed the PBA con~ract and met with Mr. Charles Graves, Employee Relations Consultant. 9:10 A.M. - Brij M. Shrivastava and Harold A. Dombeck of Holzmacher, McLendon and Murrell, P.C. met with the Board to discuss the draft schedule which would be used as conditions for a c~nditional permit from the N.Y.S. Department of Environmental Conservation. under the Resource Recovery Act, 1985 is set as closure of all open dumps. Under the conditional permit the Town of Southold will be granted the date o~ January 30, 1981 for implementation of lining, capping, methane monitoring and venting at the disposal area. Mr. Domebck estimates the cost for the aforementioned will be approximately three million dollars over the next eight months to two years and there is presently no outside funding available. The cost for H2M to do the engineering for the proposal will be between thirty and forty thousand dollars and they will present a proposal for Town Board consideration. 10:05 A.M. - C~ief Cataldo discussed with the Board the petition received by the Board reli~ive to youth congregating at the Southold Park District property on Youngs Avenue. Supervisor Pell was directed to send a letter to the Southold Park District stating ~he Town has received complaints and the Police Departm~at is willing to enforce the rules and regulations; however the Park District should make a study and examine their existing rules and regulations to determine whether they have been properly enacted under Article 13A of the Town Law. The Police Committee will meet at 8:00 A.M., Tuesday, September 16,1980. Chief Cataldo's'ubmitted his monthly reports for July and August and reviewed same. Chief Cataldo discussed the complaint relative to a dog kennel on Moores Lane, Cutchogue. The kennel has been in existence and licensed since 1974. After investigation, Chief Cataldo has deter- mined the animals do not constitute a public annoyance, but only privately to Mr. Schultz who initiated th~ petition. The Board discussed the NYSP~N contract between the Town o~ Southold and the County o£ Sfiffolk. This will be placed on the agenda for a resolution. The Board recessed for lunch a~ 12:20 2:10 P.M. Mr. David Spohn of the Southold Town Airport Committee introduced the following individuals who made presentations for their firms on a study for a Southold Town Airpark: 2:10 P.M. Saul A. Jacobs and Alex Kuprijanow of Howard Needles, Tam~en and Bergendorf£ 2:35 P.M. Ron Price of CH2M Hill 2:55 P.M. William H. Wilkson and Paul Puckli of PRC Speas Each firm interviewed stated they woutd'-~make the application orr federaI funds without charge to the Town Board and look for reimburse- ment if the funding is granted. The funding, is provided 90% through FAA Airport & Runway Trust Fu~d; 7.5% through N.Y.S. Department of Transportation Bond Act and 2.5% from Southold Town funds. They all agreed the funding looks good for the Town, as Southold has been designated as a site for study for the need for an airport. A regular meeting of the Southold T~wn Board was held on Tuesday, September 9, 1980 at the Seuthold Town Hall, Main Road, Southold, New York, Supervisor Pell opened the meeting a~ 3:15 P.M. with the Pledge of Allegiance To the Flag. Present: Absent: Supervisor William R. Pell III Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman George R. Sullivan Town Clerk Judith T. Terry Town Attorney .Robert W. Tasker Deputy Supervisor Marie Bauer Johnson Highway Superintendent Raymond C. Dean Justice Francis T. Doyen SUPERVISOR PELL: First of all I want to apologize for the delay in todays meeting but we did have consultants and we did start this morning at 8:00 o'clock and We were running behind, and we didn't want to leave half of the part of the work undone before we came out here so we would be prepared to act on all things today on the agenda. On motion of Councilman.Drum, seconded by Councilman Murdock, it was RESOLVED that the minutes of the Southold Town Board meeting held on Fishers ~sland on August 29, 1980 and the regular meeting of the Southold Town Board held on August 26, 1980 be and hereby are approved. Vote o£ the Town Board:. Ayes: ,Councilman Sullivan, Councilman Murdock, Councilman Nlckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $15,301.69; General Fund Part Town bills in the amount of $7,816:91; Highway Department bills in the amount of $34,212.17; Fishers Island Ferry Bistrict bills in the amount of $31,145.78 and Federal Revenue Sharing Fund bills in the amount of $52.65. Vote~o£ the Town Board: Ayes: Councilman Sullivan,~ Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Sullivan, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, September 23, 1980 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Conncilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. REPORTS - SUPERVISOR PELL: 1. On Pan Tech, [ am going to make it. It is on the $50,000 library grants to do some work in the two libraries who qualified for the money. There was a delay, this work was supposed to have been started by now but because of one library, the Southold one, the architect drew plans, submitted them to Albany to the Historic Division of builidngs in our state and they did not approve the door that they were going to put on the back of the Southold Library, it was not in architectural design of the builidng. They had to re- sabmit another d~sign of a door. They hope to be out to bid to do the job sometime early October. They would hope to construct the work in early November. This is the $50,000 grant that was given to the Town in the spring and we had hoped to be doing it during the summertime but it looks like now construction will starm around November 1st. I'm getting many calls from the library people, what's going on with our money. 3'56 8¥,PTEMBER 9, 1980 2. Town Clerk's report (for the month of August 1980.) These reports all are on file in the Town Clerk;s Office. Anybody can go in and ask to review them. 3. Builidng Inspector's monthly report (August 1980). 4. Town Trustees report (August 1980). 5. Judge Tedeschi's report (August 1980). 6. Two monthly reports of the Police Department for July and August 1980. 7. Fishers Island Ferry District's monthly report (August 1980). 8. Highway Department monthly report, Mr. Dean, (August 1980). 9. Supervisor's monthly report on the finances of the Town (August 1980). 10. Landfill Committee- COUNCILMAN MURDOCK: This was a communication that came across the Town desk talking about a $26,000,000 project to develop a statewide residual management program and we endeavored to find out if there were any funds available maybe for the Town of Southold. It is asking for input from counties to the State Department of Environmental Conservation for suggestions on how to handle residual matter which does not affect the Town of 8oUthold because we have very little industry~ The closest would be Photocircuts which uses a solution with many chemicals in it in]their processing and that of course is in the Town of Riverhead. There is nothing in this letter or report that is applicable to the Town of Southold. 11. Safe Drinking Water Committee - DEPUTY SUPERVISOR JOHNSON: The Safe Drinking Water Committee in the Legislature met on August 28th and there were two items discussed. One was an interest in thermal energy storage systems in the Stony Brook aquifer. What they have in Stony Brook is a double aquifer system and they are going to use ~t for air conditioning. They are going to be pump%ng the 53 degree water from the upper aquifer down into the lower one where it will sit over the winter and freeze or cool down to 40 degrees. During the summer it will be pumped through the buildings for air conditioning and then back to the lower aquifer for cooling down again the following summer. It is going z~go over a two year period and it is in tke feasibility course but it has interesting pro,peckS for the future. The other thing discussed was-the matter of possible pollution to ground water from .the washing of trains at the Babylon station which happily or unhappily isn't a problem of ours. 12. Monthly report from the Assessors (August 1980). %3. Bay Constable report from our summer gentlemen by the name of Bill Januick (August 1980). 14. Report from our Bay Constable Tom Cielatka (~AugBst 1980).. I told the Board today that in yesterday's mail I got a very nice letter complimenting him on his fine work, which will be on the agenda for next meeting we have. 15. Report from the North Fork Animal Welfare League (~ugust 1980). The Councilmen all serve on different committees and they do their work and sometimes I forget to put them down for reports~ Evidentally today either they are not working or I didn't give them anything to do. COUNCILMAN DRUM: Or we can't report. II. PUBLIC NOTICES - COUNCILMAN NICKLES: 1. From the Department of the Army, New York District, Corps. of Engineers on an application by Theodore Laoudls ~n Peconic Bay, Southold. Comments on this may be directed to the Corps of Engineers by September 24th. 2. Department of the Army, District Corps of Engineers, applica- tion of Arthur and Mildred Davis to maintain a ramp and float. Comments to the Corps of Engineers by September 15th. The property is located on Eugene Creek. Little Peconic Bay. 3. Ne~ York State~ Department of Environmental Conservation, notice ~f ¢~plete..applicati~n t~. construct a b~at ramp (_Fwancis Romano), W~itten coraments bM September 24th~ Th~s property is located at East C~eek, 280 Beebo' D,ri~e, Cutchogue, 4. Department~:ef the Ammy~ District Corps Of Engineers, application by Matt~A~ar Marina to construct finger piers and pilings. Written commenzs to the Corps of Engineers by September 25th; Copies of all these public notices are on file ~ith the Town Clerk if you wish to investigate them further. SEPTEMBER 9, 1980 357 III. COMMUNICATIONS - SUPERVISOR PELL 1. Meeting that Larry Murdock and muself went to. It is a letter from H2M about the East End Solid Waste.. Mr. Dean was there also. Larry, do you want to comment on that or not? COUNCILMAN MURDOCK: Well, this letter is just sending copies of the reports to the Town Board. This is a preliminary report. We will have one more meeting on September 22nd when they should give us a final report with recommendations and everybody be prepared to shudde~ on September 22nd. You'll hear all of your respective officials from each of the Towns in a dead faint when we get the numbers and that will sound like an earthquake, I think, when we hit the deck. 2. Letter~ from North Fork Env~r6nmental Council offering to pay the initiation fee of $75.00 for a Board member to go to a workshop, two day workshop on solid waste in Virginia. We discussed this at the Board today and we thank them very much for their offer but we feel that our consulting firm, H2M, who we hire to do this work will be there and make a report back to us. I will respond to the North Fork Environmental in that respect. I will make sure that they are going to be there too. 3. Letter froma resident (Edward P. Bertero) about Mattituck gasoline tanks. 4. This was signed on September 2nd, I believe, by our County Exec. We had the pleasure today to have our legislature's aide be with us, Scott Harris, and he informed us today that what we call the North Road on the map is called Route 27, will officially be changed to County Route No. 28. The legislature passed it August 26th. The County Exec. signed it into law September 2nd. We will have new numbers going up there in the near future. 5. From a gentleman (Frank W. Wagenbrenner) offering to help the Board on advisory committees with his qualifications on there. 6. Report back from the wells that were tested throughout the Town. It is a fairly extensive and interesting report that tells where Temik was found and out of how many wells and what wells. The Board has asked me, through Mr. Dean, today to contact DEC and ask them what do they do with the canisters and the filters that have been put on wells to make the water safe to drink in the home. When these filters have to be replaced, where to put the old filter. Do you take it to the landfill and let it go back into the system, or what do you do with it. I will contact the DEC and ask them what they propose to do with it. We already have written to County Health, Dr. Harris asking the. same thing from the County Helath. We wrote to them two or three weeks ago but we will see if DEC is going to let us put them in the disposal area up there. Today the TOwn Board interviewed three consultant firms to do a study for the Southold town project to see if it would be feasible, ecomonic&l to have a Southold Town Airport established . One of the reasons we were late, we listened to all three firms today. We just got done with the last gentleman who was there. The Board has no~ had time to discuss it among ourselves. We had hoped to discuss it and be able to select a firm today but where we ran so late we did not have time. We will not be selecting a firm today. We are going to put i~ off until September 23rd meeting. That is where we stand on that. Now, if somebody can tell Dave Spohn that, he is outside. Communications '(continued by Supervisor Pell) 7. The County Public Works has asked for you~ TOwn~s comment on a proposed sump area they are going to put in on the No~th Road. It will be west of VanDuzer~s gas, east of Tryac. There Ks an easement going back there 180 feet between the property line and a big Sump will be put 186 feet back elf of that road section. We alway~ have a swamp there every time it rains and flood out. The County aske~ the Southold Tewn Board to comment on it~ We looked at the map today and we will be contacting them s~ying it should have been done two or three yea~s a~o. We a~e l~oking forward to ha.ving that wet area replaced by not flooded roads. 8. An application we spent an hour on today with Mr. Dean and H2M. Application ~or our landfill area which has to be prepared for the DEC. As I said before %his is on a time limit. ~n ~R85 all landfills are supposed to be replaced. The County and Town-are workin¢ together on this. As Councilman Murdock says, this is going to be a very costly item. We were informed today--Larry I am going to ask you to go on. We were informed today on how much it will cost us. COUNCILMAN MURDOCK: We, as every Other township or municipality who is running a landfill, commonly known as a dump, we will have to se~l the landfill and we will also have to put testing devices SEPTEM~BER 9, 1980 in the landfill to test for methane gas and now thanks to the discovery in the Town of Islip, plastic has been found to break down give off a carcinogenci and we are going to be required to put in testing methods for that. He gave us a ballpark figure of three million dollars of which there will be no federal, state or county funding assistance available. This will be when we are finished with the landfill area. We must give a timetable to the state as to when we will do this. Unfortunately we are-becoming very educated-~nd our education is costing us much more in hindsight than in foresiqht. I don't know how we could have prevented it anyway because they want the area filled so that there is no more water running through the buried refuse to put leachate into our water stream and the other two items are the gases that they want monitored and that will have to have an impervious top. The whole landfill area will have to be sealed off. We will have to , when we seal off an area that size, we have to make provision for the water runoff. As it rains on an area of that size it will all be channeled and we have to do very many things to keep big brother happy that are going to be very expensive for the Town of Southold and that will be, I think he said, in two to three years we must be on line to do that. ~PERVISOR PELL: This is a project that is going to cost the Town~a lot of money. The only hope was put up by our Town Attorney today when we discussed this with H2M. If every Town ~s in the same boat and we all are, and the State and federal mandates this, let's hope they come up with some funds perhaps to help us out with this as they shove it down our throats to speak. If they make us do this. let's hope they come up with some funds to help the different towns out. 9. Letter the Town Board received, somewhat I expected i~, but I didn't like if when it come. It is a letter from the County Public Works Commissioner saying that the stand the Southold Town residents and Board has taken on the bridges on New Suffolk Road leaves them in a very odd situation. If the Town does not reconsider and let the new federal standards bridges be built, 28 feet wide, that they will let the bridge deteriorate until they are forced to be closed. The Town Board discussed this today. They have directed me to contact our elected officials in Washington, DiC. and see if we couldn't consider this somewhat of a scenic-historic road and we want to keep it that way. Keep the bridges, replace them, but as they are now, do not spend a couple of million dollars to put a great big 28 ft. wide bridge in when one now if 17ft~ wide and one is 20 ft. snd one is 21 ft. wide. These are all inside dimensions. We had a hearing here and we had over one hundred people out to discuss this and they all seemed to agree they would like the bridges fixed up but keep them as they are, do not enlarge them. The County said that they cannot get the federal funds unless they go to the proposed 28 ft. wide bridges. Our roads are not that wide going on and off the bridges. The County sent the letter saying they would bear they expense of making the ingress and egerss suitable to the bridges~they would do that expense but yet the people of the Town that came out that night said keep the bridges like they are and the Board has directed me to contact, as I said, the elected officials in Washington, D.C. to see what we can do with them. The County says no at 'this ~i~e. 10. A letter, it will be on resolution form, placing Jerry King who is the chef in the Greenport nutrition site. He will become placed onthe Town payroll. His pay shall be paid by the County. The Town will have to pick up his fringe benefits. In order to do this I have to have a resolution and well have that~later on in the meeting. 11. Report on a 208 project summary report. One of the studies going on. I think on this one there is a three day school, class being held three nights down in Suffolk Community and it is all about why do we need 208 studies. There is a $15.00 entrance fee. I plan to go. I believe Councilman Murdock plans to go also we can find out a little bit more about 208 studies and what we were told and by reading. 12. From the Supervisor of Islip Township saying that they also take the stand that your Town Board has taken that they are opposed to a bill in the federal government taking control of cablevision out of the local municipaliti~s.~hands even though we grant the franchise. Where the Southold Town Board grants the frnachise to these cable folks we like to hale the jurisdiction with it here, not in Washington, D.C. 13. A meeting being held on--by~he MTA Committee, Advisory Group in Hauppaute on September 18th at 7:00 o'clock at night. do plan to go and I hope other Board members will go. We met with the Long Island Railroad people, as I announced tow eeks ago, trying to improve the train service out here. I think it was Monday of this week I had somebody come into my office and say they went to take the 5:00 'clock train back Sunday night, or the bus, it didn't show up. They called in, Oh, we cancelled that one, take the next one at 8:00 o'clock. I'm getting quite a few complaints about the railroad. Our county exec did arrange for the Riverhead Town counterpart and myself to meet with the MTA and we did not make out too well. This is another meeting along the same lines. September 18th it is open to the public. I hope many people will go. I know the people who have been calling me about, I'm telling them about it, that it is up there September 18th and I hope we do have some people from Southold Town attend it. IV.HEARING & DECISIONS 1.Moved by Councilman Drum, seconded by Councilman Sullivan, WHEREAS, Joseph L. Townsend, Jr. applied to the Southold Town Board for a permit under_~he provisions of the Wetland Ordinance of the Town of Southold, application dated July 3, 1980, and WHEREAS, SAID APPLICATION WAS REFERRED TO THE Southold Town Trustees and the Southold Town Conservation Advisory Council for their findings and reocmmendations, md WHEREAS, a public hea~ing was held by the Town Board with respect to said application on the 26th day of August, 1980, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Joseph L. Townsend, Jr., Greenport, New York, be granted permission under the provisions of the Wetland Ordinance of the Town of So~thold for the consturction of a walkway across the wetlands to his property on the north side of Main Road, adjacent to Dam Pond Bridge, East Marion, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. Thi~ resolution was delcared duly adopted. 2.Moved by Councilman Nickles, seconded by Murdock, WHEREAS, a proposed Local Law No. 5 - 1980 was introduced at a meeting of this Board held on the 12th day of August, 1980, and WHEREASt a public hearing was held thereon by the Board on the 26th day of August, 1980, at which time all interested persons wer.e given an opportunity to be heard thereon~ NOW, THEREFORE, BE IT RESOLVED that Local Law No. 5 - 1980 be enacted as follows: LOCAL LAW NO. 5 ~ 1980 A Local Law to provide for the Removal or Repair of Unsafe Buildings and Collapsed Structures. BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of ~outhold id hereby amended by adding a new Chapter thereto, to be Chapter 90, to read as follows: Sec. 90 -1 Title. This chapter shall be known as the "Unsafe Buildings and Collapsed Structures Law of the Town of Southold". Sec. 90-2. Purpose The purpose of this chapter is to promote the public health, safety and general welfare of the residents ~f the Town of Southold and the conservation of property and property values to eliminate safety and health hazards. Sec. All buildings_o~ structure unsanitary or not provided with existing use constitute a hazar~ ina'deuate maintenance, dilapida~ severally, for the prupose of ti such buildings and structures a~ orohibited and shall be abated demolition and removal in acco~ 90-3 Unsafe buildings prohibited. Sec, 90~4 Inspection ~nd reporl When in the opinion of the located in the town shall be de6 public, he shall make.~a formal a written report thereof and fi~ which ~e 'st~et~!y ~n~afe, d~nge~ous~ adequate egress o~Whi'~h in~ ~ei'a't~0~ to to safety or health 'by ~eason of ion, obsolescence O~ abandonment are, is chapter~ ~nsafe bUild~nq~ All e hereby declare~ to be ill~gal and are by. repair and rehabilitation or by dance w~th the p~ocedures of this chapter. Building ~nspector, any'structure ned to be unsafe or dangerous to the ~spection thereof and thereafter prepare e the same in his office. SEP E BE 9, 198o Sec. 90-5. Service of notice. A. When it shall be determined by the Building Inspector that a building or structure is dangerous or unsafe to the public, he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such properzy or structure as hereinafter provided. B. The aforementioned notice shall be served on the owner of the premises or some o~e~of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the last completed assessment roll of the town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. Sec. 90.-6 Contents of notice. The notice referred to in Sec. 90-5 her.eof shall contain the following: A, A description of the premises. B. A statement of the particulars in which the building or structure is unsafe or dangerous. C. An Order requiring the building or struczure to be made safe and secure o~.~removed. D. A statemenv that the securing or removal of the building or structure shall commence within ten (10) days from the date of the service of the notice and shall be completed within thirty days there- after. The Building Inspector may extend the time of compliance specified in the notice where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose~:such conditions as he may deem appropriate. E. A statement that in the event of the neglect or refusal of the person served with notice to comply with same, that a hearing will be held before the Southold Town Board, notice of which and the time and place hereof ot be specified in the notice referred to in Sec. 90-5 hereof. F. A statement ihat in the event that the Town Board, after the hearing specified in Sec. 90.6E hereof, shall determine that the building or structure is unsafe or dangerous to the public, that the town board may order the building or structure to be repaired or taken down and removed. G. A statement that in the event that the building or structure shall be determined by the town to be unsafe or dangerous, and in the event of the neglect or refusal of the owner to repair or remove the same within the time provided, the town may remove such building or structure by whatever means it deems appropriate and assess alt costs and expenses incurred by the town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said building or structures are located. Sec. 90-7. Filing of copy of notice. A copy of the notice referred to in Sec. 90-6 hereof may be filed in the county clerk df the county within such building or structure is located, which notice shall be filed by such clerk in the same manner as a notice of pendency purusant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency AS THEREIN PROVIDED, EXCEPT as otherwise hereinafter provided in this paragraph. A notice so filed shall be effective for-a period of one yeat fromthe date of filing, provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the town attorney. The clerk o~ the county where such no~ice is filed shall mark such notice and any record or docket thereof as cancelled of record upon the presentation and filing of such consent or of a certified copy of such order. Sec. 90-8 Emergency measures to vacate. If the Building Inspector determines in his inspection of any building or structure that there is actual and immediate danger of failure or collapse so as to endanger life,he shall promptly require the building, structure or portion thereof ~o be vacated forth-with and not to the reoccupied unzil the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose he mayenter such building or structure of land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent svructures to be vacated~ SEPTEMBER 9, 1980 361 and protect the public by appropriate barricades or such other means as may be necessary and for %his!i~P~rpo~e'may close a private or public right,of-way. The B~ilding Inspector shall cause to be posted at each entrance to such building or structure a notice stating, "This building is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector o~ for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. Sec. 90-9. Costs and expenses. Ail costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger, or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner can not be ascertained or located, then such statement shall be posted in a conspicious place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within ten days after the statement is presented or posted, a legal action may be brought to cOllect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Insepctor may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the assessors, who sahll inlthe preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shal~ constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as is provided by law for the collection and enforcement and enforcement of real property taxes in the Town of Southold. Sec. 90~10. Penalties for offenses. A. Any person who neglects, refuses or fails To comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed two Hundred fifty dollars ($250.), or by imprisonment for a term not To exceed fifteen (15) days, or both such fine and imprison- ment. Each week's continued violation shall constitute a separate addition- al offense rror violation. B. Nothing in this chapter shall be construed as depriving the town of any other available remedy relevant To a violation of this chapter. Sec. 90-11 Severability. The invalidity of any section, subsection or provision of this chapter shall not invalidate any other section, subsection or provision thereof. Sec. 90-12. When effective. This chapter shll take effect immediately. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. V. RESOLUTIONS On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby requests our State Legislators to support Senate Bill No. 55 sponsored by Senator Owen Johnson, as well as the companion Assembly Bill L-191, co-sponsored by Assmenlyman Anthony Seminerio and John Flanagan, which bills appear to the Congress of the United States to convene a Constitutional Convention for the purpose of preparing a Human Life Amendment. SUPERVISOR PELL: Does any Board mamber wish to speak on it. COUNCILMAN MURDOCK: I will reserve my comments until after the vote, please. Vote of the Town~iBoard: COUNCILMAN SULLIVAN: I would like to comment before my vote. It is just on this particular issue (interrupted by a message for Supervisor Pell)---I would like vo comment on a few things before I gast my vote. SEPTEMBER 9, 1980 First, it's my opinion that the Town Board is nom the proper forum for discussion fo this issue. Although the Board has been very responsive vo both sides of the issue. I feel that, number two, the United States Constitution has withstood the test of time and should only be amended by legislative process. Three, I would be opposed to a Constitutional Convention on any issue. I feel the Constitution has been withstood the test of time and it should be amemded only as it has been done in the past. We are in constant changing world and this is one thing that again has withstood the test of time. As to the issue of abortion, it is a very deep religious and moral issue and cannot be agreed upon by either medical experts or theologians and both ~ides, one may be right and one may be wrong. I don't think that the Town Board is the '~ proper place. I will vote NO on the issue on the resolution. COUNCILMAN MURDOCK: YES. COUNCILMAN NICKLES: I would just like to say that I also feel that this has not been the proper forum for this issue to be brought before this level of government. I felt it should have been brought before those people in government in Albany and Washington. It is a a personal issue and I'm not going to discuss the merits of the case. We have had many eloquent speakers here throughout the summer, but I too will vote NO on this as it is not a Town Board matter. COUNCILMAN DRUM: YES. SUPERVISOR PELL: I feel like the gentlemen on my left.~ I feel this is not the proper place for this question to be asked. I feel that there are many questions that have to be answered before you call for a Constitutional Convention; As to the cost, the guidelines to be set up to be used in one before I could yore for a call for this I would like to know answers to some of these thoughts, as I said before, the guidelines. This would be something new. The only other Constitutional Convention that was called was the one that formed the Country and I feel it is too much of an important issue and this is not the right s~ep for this question to go. I vote NO. RESOLUTION DECLARED LOST. COUNCILMAN MURDOCK: My big concern with this issue has been that the Town Board, in trying to be responsive to local people has been, I would use the word abused sort in quotation marks, by both sides. Both the proponents and the opponents brought in many many people from out of town with many diverse opinions. They are certainly entitled to their opinions and I believe they were given all the courtesy that any board would have given them and probably more courtesy than most boards would have given them. To my mind the total weight of testimony on both sides made it a --not as much an issue of who's right and who~s wrong becuase I think in this particular motion, which every way the Board went we would have been wrong and we would have been right and I think it then brought it down to a matter of personal conscience ~nd not a big--whethe~ there is any merit to either side and I think ~s evidence, I think our Board voted as our each personal conscience de6ided for us. COUNCILMAN NICKLES: Mr. Chairman, as a courzesy toe'our Supervisor, who may have an emergency phone call I request a five minute recess. On Motion of Councilman Nickles, seconded by Councilman Sullivan, it was RESOLVED that a five minute recess be called.at 4:00 P.M. Vote of the Town Board: Ayes:]aCouncilman Sullivan, Councilman Murdock, Councilman N~ckles, Councilman Drum, Supervisor Pell. This resolutio~ was declared duly adopted. Meeting reconvened at 4:05 P.M. SUPERVISOR PELL: The other day, yesterday, I think it was, my son in Hampton Bays, cut his hand and he had it sewed up and the lady come in and said there's an emergency call to Hampto~ Bays. So all I could thin~ of in my mind was he must have done something with the hand, the szitches have been pulled out o~ something.~i~hgo and call him up and it's not that. Our bu~l~g over, one of the boat booms that go up in:the air was working on his gear and the boat boom fell down and wenv through the roof of our building there. SEPTEMBER 9, 1980 363 o I said, "Is anybody hurt?" He said, "No." I said, "What d~d_you interrupt me for in a Board meeting, we can fix that later. As long as nobody is hurt," That's what I got called out for, a boat boom went through ~he roof of a building. We're insured~ yes. Thank you very much for the little delay. On motion of Councilman Nickles, seconded by Councilman Sullivan, it was RESOLVED that the Southotd Town Board declares itself lead agency in regard to the State Environmental Quality Review Act in ~he matter of the application of James H. Rambo, Inc. a/c Joseph and Janet Gold for a wetland permit on certain property located at north side of Haywaters Road at Haywaters Cove, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. SUPERVISOR PELL: Number 3 is a step in the new Fire Code the Town has adopted; it is to appoint Deputy Fire Inspectors in each fire district. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following Assistant Insepctors as provided for in Section 45-504 of the Fire Prevention Code of the Town of Southold, for a one year period, effective this date, September 9, 1980: Elbert E. Luce, Jr., Orient~Fire Department Fred J. Rempe, Jr., Greenport Fire Department Frederick R. Weber, Southold Fire Department John C. Harrison, Mattituck Fire Department James R. Fogarty, Cutchogue Fire Department Joseph Vandernoth, East Marion Fire Department Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: I'd like ~o point out that there is still one more name ~o come in and that is from the Fishers Island. They have nov submitted their name yev. I sent them a letter a week or so ago asking them ~o try to have it in for today but evidentially it did no~ appear. On motion of Councilman Nicktes, seconded b~ Councilman Mucdock, it was RESOLVED that the application of Herodotus Damianos for a Trailer permit on his property located at north side of Main Road, Peconic, New York be and hereby is granted for a period of six months. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 5. An employee of the Town, has been working for the Town for the past couple of years under CETA. His CETA time runs out the end of this month and ! recommended to the'Town Board that he become a permanent Town employee. The gentleman's name is John Hutter. He's custodian in the Town Hall here. I am sure you all have seen him around. That he be hired. On motion of Supervisor Pell, seconded by-Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold hire John Hurter., Custodian, Southold Town Hall, effective October 1, 1980 at a salary of $9,000.00 per annum; Step I increment included in this salary. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman N~ckles, Councilman D~um, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman ~ulli~an, seconded by ~eunc±~man Nickles, it was RESOLVED that theTow~ Boa~d ~ the T~w~ ~ S~uthold set '8:00 Tuesday~ ~eptember 23, 1980, South~ld Tow~ Hall, Main Road, ~outhold~ New York as the time and place for hearing upon application of Willi~ Pollerv £or a permit under the provisions '~f th~ 'Wetland Ordinance of the Town'of Southeld for permission to construct a catwalk, ~amp, and float across the wetlands at J~ckey Creek, located at north side Pine Neck Road, Southold, New York. Vo~e of the Town Board; Ayes: Councilman Sullivan~ Councilman Murdock, Councilman Nickles, Councilman Drum~ S~pervisor Pell. This resolution was declared duly ad~pted. 364 SEPTEMBER 9, 1980 On motion of a Councilman Murdock, seconded by Councilman Drum,itwas RESOLVED that the Town Board of The Town of Southold allocate $250.00 ~o defray costs for the Southold Town Youth Projection, Inc. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. COUNCILMAN MURDOCK: Tha~ is our youth group that was a not-£or- profit corporation that was formed and will hold their meetings and functions at the senior/youth center in Peconic. SUPERVISOR PELL: Number 8 is another of the Town Mall employees where I, I guess, goofed a little bit and it was brought up ~o my attention this past week by Councilman Murdock. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold grant Betty Wells, Account Clerk, Southol~ Town Hall, her Step II and Step III pay increases in the amount of $1000.00 effective October 1, 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. COUNCILMAN MURDOCK: Mrs. Wells was entitled to a Step II increase three months ago and it got overlooked and by this way giving her II and III for the last three months it will make her even with what she would have been if II had come in a~ its proper time. SUPERVISOR PELL: The funny part about that is any of you know her. she works in my office as the Account Clerk and I work with her every day and I didn't even think of it in July when I looked over everybody elses record and forgo~ heres. Sometimes so close you don't see it I guess. She should have said something but she didn,t. SUPERVISOR PELL: Number 9 is to authorize me to sign a contract with the county for a $40,000.00 police delinquency grant that we applied for and was awarded and I would like ~o sign the contract for this and before I can do that I have to have a. resolution from the Board. On motion of Councilman Drum, seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of S~uthold hereby authorizes and directs Supervisor William R. Pell III ~o sign an agreemen~ between the Town of Southold and the County of Suffolk for a Town d~ Southold Delinquency Diversion and Prevention Project, as provided for in a grant from the Federal "Law Enforcemen~ Assistance Administration¥ in the amoun~ of $40,000.00, and shall expire one year from the date of the agreement. OUNCILMAN NICKLES: Bill, on this grant, this whole program is a one year program. SUPERVISOR PELL: This is a one year program. COUNCILMAN NICKLES: It is not an on-going program? SUPERVISOR PELL: No. COUNCILMAN NICKLES: It is a one-shot dell? SUPERVISOR PELL: It is a one-shot deal. We can always apply to renew it if we want to. COUNCILMAN NICKLES: I am looking at the salaries and at the end of twelve months I am wondering who's going ~o pick them up. COUNCILMAN DRUM: We hope, John, that we get additional funding for the following year. Without the funding we can't continue the projec~ because it is not ~ll cost to our local government. COUNCILMAN SULLIVAN: I .question it too. I am concerned that we need something along this line and we would want ~o take a look at it at the end of one year and see if the Town wan~s to continue. Most of our complaints are about teenagers and problems that they may or may not cause so we want~to take a look at how this program works. SEPTEMBER 9, 1980 865 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: I'd like to ad lib a bit a minute, if I could, about this resolution that the Board just pa~sed because I am proud of the Board on it. I was appointed by the governor and approved by the New York State Senate to sit on the Crime Panel Board. I set for the first time Friday of last week. Suffolk County applied for a grant very similar to this grant which Was written by our Chief of Police and some other folks in Town for $182,000.00 Thye were awarded this grant. It is practically identical to what we applied for. I almost think that somebody read our grant and applied for the same type of grant, realizing they have the problems and like to solve them the same way we are. In applying for their grant they brought up the following facts. We are part of the County and we fall into County statistics. Suffolk County, outside of New York City, has the highest arrest record from the age ten to tWenty years old out of the entire state. We have the most youth throughout the entire state on probation. We have the most petitions filed in Family Court in the entire state outside of New York. We have admissions to county jails, the highest rate of any county in New York from the age 16 to 20 year~olds. Our grant we applied for will address many of these problems that the Suffolk[ ~unty used to apply for their grant that follows the same line along as ours. I am p~oud of this Town Board that we had the problem, we did put it in gra~t form, it did get approved all the way by the state and federal g~ment to fund us. The county has joined with us and they filed in nine specific areas within the county. It is interesting to sit there to see the other people, other towns, counties, have the same problems and address the same way that we first addressed ours. Thank you. On motion of Councilman ~urdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold set 8:05 P.M., Tuesday, September 23, 1980, Southold Town Hall, Main Road, Southold, New York~ as time and ~lace for hearing in the matter of the amendment of the current Town Budget relative to the use of Federal Revenue Sharing Funds by transferring and/or reassigning the sum of $59,000.00 from Unallocated Funds to the following: $14,000.00 - Bulkheading $15,000.00 - Town Sprinkler System $15,000.00 - S~reet Lighting $15,000.00 - Senior Citizen/Youth Center Equipment .~ ~. ~ At this hearing all citizens of the Town shall be given an opportunity to provide written and oral comments with respect to such amendment. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 11. On motion of Councilman Sullivan, seconded by Councilman Murodck, it was RESOLVED that the Town Board of the Town of Southold, prusuant to the provisions of the Federal Revenue Sharing Law, will hold a public hearing in the matter of the proposed use of Federal Revenue Sharing Funds for the fiscal year beginning on January 1, 1981, at 8:10 P.M., Tuesday, September 23, 1980 at the Southold Town Hall, Main Road, Southold, New York, at which hearing citizens~of the community will be given the~opportunity to previde written a~d oral comments on the proposed use of Federal Revenue Sharing Funds which is as follows: REVENUE Onobligated Funds on hand ............................ $ 1,000.00 Unexpended Funds on hand ............................. $ 63,000.00 Anticipated Revenue - 1981 ........................... $95~000.~00 Total ........................... $159,000.00 EXPENDITURES 1981 Town Cars ............................................ $ 45,000.00 Town Waste ~anagement Program ........................ $ 78,000.00 Street Lightinh-Payment of Bond AntiCipation Note .... $ 11,000.00 Land Acquisition ..................................... $ 8,000.00 Bulkheading and Drainage ............................. $ 17,000.00 Total ............... ~159,000.00 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SEPTEMBER 9, 1980 SUPERVISOR PELL: This is The first of two hearings being held on the one that was just read. Another hearing will be held after we have held the first one, the second one might be changed around. If people want different input for different things. You have a chance to change waht you just heard when the hearing is held. Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, the Southold Town Planning Board and Suffolk County Depart- ment of Planning have prepared official reports and recommendations on the application of John J. M~sner for a change of zone from "A" Residential and AgricUltural District to "b-l" General Business District on certain property situated at Cutchogue, New York, and more particularly bounded and described as ~ollows: BEGINNING at a point located at the following three (3) courses and distances from the intersection of the westerlu side of Cox's Lane with the northerly line of Main State Road: (1) S. 46* 10' 11" W. 85.35 feet; thence (2) N. 43* 49' 50" W. 100.0 feet; thence (3) N. 42* 35' 20" W. 100.0 feet and from said p6int of beginning running the following courses and ._ distances: S. 46* 10' 10" W. 451.18 feet to land now or formerly of Imbriano; running'cthence N. 43*32'30" W. 167.98 feet; running thence N. 46'10'10" E. 242.06 feet; running thence N. 51'09'40" E. 212.30 feet; rhnning thence S. 42*35'20" E. 149.56 feet to the point:or place of BEGINNING. Containing 1.70 acres. NOW, THEREFORE, BE IT RESOLVED that a public hea?ing will-be held by the Southold Town Board at 8:15 P.M., Tuesday , September 23, 1980 at the Southold Town Hall, Main Road, Southold, New York on the afore- mentioned petition, at whichl time any person desiring to be heard on the above proposed petition should appear at the time and place above so specified, and be i~ further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the requirements of law. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles. Councilman Drum, Supervisor Pett. This resolutibn was delcared duly adopted. SUPERVISOR PELL: truck. Number 13 to award a bid for a 3/4 ton pickup 13. On motion of Councilman Drum, seconded by Councilman Sullivan, it was RESOLVED that the Town Board of the Town of Southold award the bid for supplying the Southold Town Highway Department with One (1) 1981 Dodge 3/4 Ton Pickup (or Equal), with Trade-In of One (1) 1975 Dodge Pickup to Mullen Motors, Inc., Southold, New York for the bid price of $6,403.98. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 14. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOVLED that the Town Board of the Town of Southold hereby releases the $42,000.00 Certificate of Deposit being held as a bond for roads and improvements in the~,subdi~ision known as "Shorecrest at Southold", all in accordance with the recommendations of Town Engineer Davis, Highway Superintendent Dean and Southold Town Board Highway Committee members Councilman Nickles and Councilman Sullivan. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, Rene' Gendron has made application to the Town Board of the Town of Southold to dedicate a certain road in Southold, New York, to be known as GRANGE ROAD (EXTENSION)" as shown on subdivision map entitled, "Subdivision Plan of South Harbor Homes, Southold, Town of Southold, Suffolk, New York, filed in the Suffolk County Clerk;s Office on July 14, 1964 as Map No. 4096, together with two (2) additional .strips of land five (5) feet in width on either side of said road as shown on a certain map'made by Roderick Van Tuyl, P.C., surveyed June 20, 1980, and WHEREAS, The Southold Town Highway Superintendent has inspected the said highway and has advised the Town Board that said proposed highway complies in all respects with the specifications for the dedication of highways in the Town of Southold, NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying SEPTEMBER 9, 1980 out the aforesaid highway, to consist of lands described in said application as shown on certain maps attached to said application, and BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the office of the Clerk of the County of Suffolk, New York. vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 16.On motion of Supervisor Poll, seconded by Councilman Drum, it was RESOLVED that the Southold Town Board declares itself lead agency in regard to the s~ate-?En~ironmental Quality Review Act in the matter of the application of Henry Pierce for a wetland permit on certain::property located on the east side of Wells Road, on Richmond Creek, Peconic, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duty adopted. 17.On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold authorizes Police Chief Carl Cataldo to hire Fred Rackett, Michael Finnecan and Carlisle Cochran, Jr. as pant-time relief Radio Operators at $4.00 per hour. Vote of the Town Board: Ayes: Councilman Sull.ivan, Councilman Murdock, Councilman N~ckles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. 18.On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold grant Radio Operator Gary Charters his Step II pay increase in the amount of $500.00 effective October l~_ 1980. Vote of the Town Board::Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 19.On motion.of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of-the Town of Southold authorize and direct Supervisor William R. Pell III to sign an agreement between the County of Suffolk and the Town of Southold relative to the chargeback method and other details regarding the funding grant for the NYSPIN terminal. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. SUPERVISOR PELL: Basically what this is is we have a lot of new radio equipment in our Town as other towns do. You see the policemen walking around with the radios in their hand, that is part of the set up. We have a terminal in the police house now where we can go directly and get the license plate numbers or whatever we want pertaining to the Motor Vehicle Department. This is 95% funded. The Town has to pay 5%. The county, state and feds chip in the part. ~e are responsible for 5% of it. This is one part we have to start paying for. 20.On motion of Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold enter into a lease with H.~. Demarest & Sons for the lease of the boat ramp site on Narrow River Road, Orient, on a month to month ~asis for one year at $25.00 per month, with a 30~day termination ~option. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: We did lease for many ~any yea~s, down in what We call Pete Neck, Hallock?s Bay, Orien:t, where' many O~ the bay~en, fishermen people la'unch thei'r boat there is a little Town-made launching ~amp the~e. Mr. Demares~ who ow~s the land called today and said he would agree to enter iflto a month to month lease up to a year with a 30 day option ~o break in case he does get a chance to sell the upland peice of land so that ou~ residents who use it can cpntinue t~ use it. The Stipend for this will be $25.00 per month ~ental that we will have 2o pay hi:m. Basically that is w~hat the resolution is. SEPTEMBER 9, 1980 On motion of Councilman Drum, seconded by Councilman NIckles, it was RESOLVED that Holzmacher, McLendon and Murrell P.C. be and they hereby are retained as professional engineers to provide construction and e~gineering p~ject services with the respect to the relocation of New Suffolk Avenue in the area of Airport Road at Mattituck, at a cost of $7200.00 all in accordance with the proposal of Holzmacher, McLendon and Murrell, P.C. dated September 4, 1980, a copy of which is filed with the Town Clerk. COUNCILMAN DRUM: This, Of course, is federal funds that we got back in 1977 and we need to start the project, this is a very dangerous turn. The pojec~cwill be started by Mr. Dean, I believe, this fall. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 22 is something I mentioned before. It is in regards to Jerry King in the Nutrition site in Greenport. 22.0n motion of Councilman N£ckles, seconded by Councilman Murdock, it was RESOLVED that the ~ringe benefits, including Social Security, New York State Retirement, Health Insurance and other benefits applicable to the employment of Gerald King, Chef under the Southold Town NUtrition Porgram, be and the same hereby are expenses of the Town of Southold for the calendar year 1981, and that his salary, exclusive of the aforesaid fringe benefits be paid under the contract between the Town of Southold and Suffolk County Office for the Aging. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murd~ck/ Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: The next one I am going to ask Mr. Dean to speak on, it concerns Fishers Island. Mr. Dean recommended to the Boamd today that we hire a part-time emp~6yee over there. Ray, you want to tell us what it's all about, please. HIGHWAY SUPERINTENDENT DEAN: Well, basically Fishers Island is seven miles away and no way can I reach it to watch the workers. What I want to do is hire a part-time contractor over there who can set the work up for my men to work over there and keep things working the way they should. I want a $2500 salary for him per year and this will take care of the situation we have. 23.On motion of Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hire A. John Gada, Jr. as a part-time Labor Supervisor for the Highway Department on Fishers Island at $2500.00 per year effective September 16, 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Gouncilman Drum, Supervisor Pell. Councilman Nickles: I would like to abstain as A. John Gada, Jr. is an independent contractor that from time to time provides service in cnnection with my real estate business. This resolution was declared duly adopted. 24.On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the following transfers be made in the General Fund Whole Town Budget: From CETA Fringe A6220.8 $896.27 into CSEA Benefit Fund A9059.8 - $896.27. To fulfill budgeted needs for CSEA Benefit Fund for the year 1980. From Contingent A1990.4 - $280.00 into A3610.4 Examining Boards - $280.00. To fulfill bedgeted needs in the August Examining Board. From Judges, personal services Alll0.1 - $237.73 in,to Judges, contractual All0.4 - $237.73. To fulfill budgeted needs in August, Judges, contractual expense. From contingent A1990.4 - $1,000.00 into Programs ~or Aging A6772.4 - $1,000..00. T~ fUlfilt budgeted r~eds for Program for Aging for year 1980. From Beach and Pool, personal services A7180.~ $600.00 into Off Street Parking, personal services A5650.1 - $600.00 to Fulfill budgeted needs on off street parking personal services for September 1980. Vote of the Town Board:~.Ayes: Councilman Sullivan, Councilman SEPTEMBER 9, 1980 369 Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 25. On motion of Councilman Murdock, seconded by Councilman NIckles, it was RESOLVED that the following transfer be made in the Fishers Island Ferry District Account: From line item "New York State Retirement: $598.03 into line item "Repairs - Docks & Buildings" - $598.03. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: else to bring up? prepared. George? would like to ask my Board if they have anything That ends the portion of the agenda which we h~e COUNCILMAN SULLIVAN: Do you want to mention anything on the Mattituck Terminal--you had information to give us? SUPERVISOR PELL: No, the only thing I have on that--the Mattituck Inlet Advisory Committee presented me with a letter asking me to send it off on their behalf of the Attorney General and I told them before I would send it because it does come fromthe Town, I would want to discuss it with the Board. I did not have time to discuss it with the Board yet so I t~ld the Board prior to the meetin~g today I need guidance on several a~eas to go and this is one of the areas I am going to discuss with the Board and get guidance after we adjourn the meeting today. COUNCILMAN SULLIVAN: What is your Personal feel on prosecution and going ahead with the case? SUPERVISOR PELL: Of course, go. COUNCILMAN SULLIVAN: You favor prosecution? SUPERVISOR PELL: Absolutely. I think I have been on record saying that before. John?-nothing Larry?-nothing Hank?-nothing. Does anybody wish to address the Board. MR. MOHR: Mr. Pell, You promised last week you would bring up at this meeting about the steps at Hortons Point. SUPERVISOR PELL: The Board discussed it today. Mr. Dean did make a report back to the Board this morning during the working session of the Board: The approximate cost, I believe, to fix the steps was $1,400~00 for material or whatever. $1400. was the figure he gave to the Board today. We discussed the feasibility of when it can be done and he said his department at this time could not do it until early spring. He has to get ready for the winter. The Town Board wants to evaluate. We have 87 street ends. We have people requesting work to be done in Gillette Drive, Rocky Point Road, throughout the Town, we want to sit down this fall and go over all our policies on street ends such as Hortons steps that you are referring to and come up with a uniform situation that we can find applicable to each area. MR. MOHR: Dido2 the Board put the money aside for the steps and is it just a matter Of time now? SUPERVISOR PELL: No, I am making the budget now and I will presen~ it to the Board on October - to the Town Clerk on October 1st and the Board can modify, add to, takeaway money in this category which it will be in. MR. MOHR: Okay, thank you. MR. CHARLES HICKEY: I have two things. In regard to the budget coming up, for two, yea~s now that I have been asking for a leaf pi~ker. The last price I heard was something like $4500 and they were going to build or pieces added to it material-wise and I haven't seen a leaf picker yet. Now Southold Town, ~ am sure, can afford it .i~ Greenport can a~ford it. So that,s one of ~y ~equests. ~he othe~ one is regarding D~ossos Restaurant ~ith male stripteasers. I am quite sure that people w~ho attend s'o~ething 'like that~the people in Southold would not be with it and I want to know if something can be done regarding it. A town ordinance or t~wn law can be passed, if SEPTEMBER 9 1980 it takes four months, six months, lets do something about it before somebody else comes in. One is now and they are going to follow one after the other in other places. SUPERVISOR PELL: Thank you very much, I guess I'll have to address that. The Board is aware, was made aware, after the first night. The first night it was held was a Thursday night. Frida~ my telephone started to ring. I did have the police check our law our, check with the different people, DA, see what local laws there were in violation. There were no local laws in violation. The next Thursday night it was held I understand the crowd was about 60 people in there. We met w~_tl~ our Chief Police and asked him to keep a close watch. We were worried about parking on bdth sides of the road. There have been a couple of bad accidents in the area and we were a little bit afraid o~ what we think might happen, there might be a mob scene 'there. The Chief of Police did go down and check it out to see i£ there were any violations occurring in the inside. H~ reported back there were only 21 people there the last Thursday.night. I spole to the owners o£ ~t on the telephone, they. called me. They said they had Signed the contr.act for four weeks and their an2i'cipation of it being a success was going just the reverse. As the Tow-n could perhaps prepare a local ordinance or something along'this, we have not discussed this with QU~ Town Attorney yet and Ii don'~t th~nk right this instance is the time £o~ us to get. into discussion on it. The Town Board is awa~e o~ the situation. We are w-atch'ing it v er'y closely, to be. on t~p of ~t. T didn"t answer your question but maybe.'~ hei'p.ed fill y@u in on what we know what we are doing. QUE~TION: HaTe you also cpnside~ed a local Ordinance?. SUPERVISOR PELL: We would w. an~ to discuss it with our Tow, n Attorney, we h~e not done so. This is one Ol the 'othe~ items I have on my guidance I need. I will discuss it ~ith the Board later today. Anyone else wish to address the Board? On m~ion of Councilman Drum, seconded by Councilman Sullivan, it was RESOLYED that therebeing no !urther business to come before this Town Board meeting adjournment, be calleo at 4:45 P.M. Vote of the'_.T~wm~Board: Ayes: Oouncilman Sullivan, Councilman MuFd~ck, C~uncilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Town Clerk WORK SESSION 4:55 P.M. ~ The Board discussed the !clicking; Hi~ing an enginee~ .to~ correct the Tow-n Hall sprinkler system which would reduce insurance costs. Supervisor Poi1 will contact Wiede~sum Ass~ciatea. The Mattit~ck Ad,visory Co:mmittee's letter relative to the Town's participation in the .action being taken by the Attorney General~s o~fice against ~artin Carey concerning the "Illegal and hazardous storage e£ f~el at Mat~ituck Termina}U, FQ~mat~on of a new senior citizen group in the Matti.tack-Laurel ~ea~.~as ~equested in a formal letter. ~mall Cities Grant meeting attended by S~pervisor Poll in New ¥'~rk City. Whether to continue ~9}&yment of Jack Lake, beach 'attnedant, at the New. Suffolk Beach and Ramp lurvher into the-season on week~ ends. It was decided to continue him this weekend, September X3th, and see how much traf!ic there is. Adjourned. at 5:30 P.M. Description of premises owned by Thorton Smith, Sound Avenue, Mattituck, New York ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set in the northerly side of Sound Avenue az the southwest corner of land now or formerly of Kirkup Estate; running thence along the northerly side of Sound Avenue the following four courses and distances: (1) North 72*49'20" West 25.07 feet to a monument; (2) South 88'49'10" West 318.53 feet to a monument; (3) South 85*56'20" West 405.14 feet to a monument North 01'11'20" East 226.21 feet to a monument; thence North 85'48~40" West 208.96 feet to a monument; thence South::01* 11'20" West 185.00 feet to a monument; and the northeasterly side of Sound Avenue; thence along the northeasterly side of Sound Avenue the following three courses and distances: (1) North 66*56'50" West 204.03 feet; (2) North 63*04'20" West 167.17 feet; (3) North 63* 24' 00" West 113.59 feet to a monument set in the corner formed by the intersection of the northeasterly side of Sound Avenue with the easterly side of Bergen Avenue; thence North 21'14'20" West along ~he easterly side of Bergen Avenue 988.00 feet to a monument and land now or formerly of Roy Reeve; thence North 72*32'40" East along said last mentioned land 668.78 feet to a monument and land now or formerly of Joseph Wieribk~: thence North 75*24'50" East along said last mentioned land 824.~0 feet to a pipe and land now or formerly of William Chudiak; thence along last mentioned land the following two courses and distances: (1) South 20~50'40" East 201.43 feet to amonument; (2) North 67*29'00" East 817.64 feet to a monu-m-ent and land now or.formerly of Arthur L. Downes Estate: Thence along said last mentioned land the following two courses and distances: (~) North '62*43'30" East 51.07 feet to a=~monument; (2) South 2~'51'20" East 496.80 feet to a monument and land now .[~r ~ormerly of Mary Hallock Estate; thence South 21'04'40" East along said last mentioned land 2402.25 feet ~o a monument; thence S~uth '2~*04'40" East still along land now or formerly of mary Hallock Estate 8.35 feeti~to a monument and the northerly side of Sound Avenue; thence alang the northerly side of Sound Avenue the following three courses and distance's: (1) South 71~31-'-20" West 152.71 feet to a monument; ([2) South 75*24'20" West 262.93 feet;-(3) North 86* 05' 40~! West 57.91 feetl to a monument and land formerly of Kirkup Estate; thence along said last mentioned land the following four courses and distancea: (I) North 22~46.'30" West 351.22 to a monument: (2) north- westerly along the arc of a cur~e bearing to the left having a radius ~ 84.00 feet a distance of'~9.55 feet to a monument; (3) South 75~ 41'0&~ West .503.00 feet to a montrment; (_4) South 27*50'40" West 97.37 feet .t~ a monument .set' in. the no~ther'ly side o~ Sound ½venue at the p~int ~r place ~£ B'EG~NN~NG.