HomeMy WebLinkAboutTB-12/22/1981466
SOUTgOLD TOWN BOARD
December 22, 1981
WORK SESSION
9:00 A.M. - Audit of December outstanding obligations.
9:40 A.M. - Town Engineer Lawrence Tuthill and Mr.' Ha'rold Reese,
developer of Grandview Estates subdivision met wit~'t'h~ Town Board
to discuss the amount of the performance bond. Mr. TUthiI1 stated
he estimated the bond at $400,000.00 which takes into consideration
the cost for the Town to build the roads and improvements at union
rates. Mr1. Reese would like the figure to be set at $300,000.00.
Councilman Nickles suggested that the bond be set for one year,
rather than the usual three year period. Mr. Reese stated he could
accept that amount and the figure of $350,000.00 was agreed upon for
one year. Mr. Reese said he has had a discuss with Mr~ Tuthill
relative to changing the road layout. He would like the option to
change the road layout and hopes the Planning Board will expedite
the changes. The Board agreed. (See Resolution V-3)
10:10 A.M. - Town Engineer 'L~wrence Tut'hill reported on his' meeting
with Federal FlOod Administra'tion-'r~epr.esenta-tives at Sto~y Brook
relative to the wave height study an~ flood plain maps. ~0nsiderable
headway has been made and changes were.approved.
10:15 A.M. - Merlon Wiggin and Richard St'orz Of LoVis'a Co~u¢'tiOn:
Co., Inc. met with the ~own Board and submitted a propose~'~b~t~act
~h~construction of a' muni~'ipal' Sol'id' Wast'e ~a~il'ityi~h~e TOwn
of Southold. Two proposal~ were submitted: (1) el~ctric~ s:on!yi .I
(2) co'generation (~lectricity and .steam). Draft p~opo~ed~act on4~
file with the Town Clerk.
10:40 A.M. - Supervisor Pell asked for a 'Spec'iai Town 'Boa~' Neeting
to be held on December 29th ior submission of Town~:Board~mmitt'ee
Reports for 1981. Work session- 9:30 A.M~, SpecimL Meef~ng - 11:30 A.M.
Councflman Nickles~ asked thzt a resolution be~i~laced~on tke agenda
for January 5th reaffirming the Town Board's position on~elocati0n of
and termination of State Motor Vehicle Offices in S~ffolk~County.
10:45 A.M. - The Board began reviewing the agenda.
12:15 P.M. - Recess for lunch.
1:30 P.M. - Work session reconvened.
EXECUTIVE SESSION
1:35 P.M. - Discussed solid waste management proposals. The Board
will go into depth after the first of the year.
2:30 P.M. - Discussed insurance proposals for 1982-.
WORK SESSION
2:35 P.M. - Resumed reviewing agenda.
2:40 P.M. - William H. Price of McMann-Price Agency and Andrew,
Val and John Stype of Val Stype & Sons, Inc. met with the Town Board
to discuss the 1982 insurance proposals. Councilman Murdock asked
if Stype agency would be willing to take the auto coverage for the
Town and McMann-Price the remainder. Mr. Stype said he would prefer
the entire package, as did Mr. Price. However, ~r. Price did state
his company would be agreeable to writing everything but the auto.
Both were asked to step into another room and discuss the matter to
see if they could come to a mutual understanding.
- The Board resumed reviewing the agenda.
DECEMBER 22, 1981 ~
3:05 P.M. - Insurance. ~Mr. P~ic~"~an~'Mr. Stype advised the Board
they had reached an~understanding. Mr. Stype wonld provide the
Town with vehicle coverag? for one year at a nremium of $21,504.00
for 1982. Mr. Price will provide the remaining-insura~nc~overage,
including police professmonal liability coverage, for a three year
period, 1982~1984, at an annual premium of $52,493.00~ Supervisor
Fell stated he was not happy with the solution, but if it was the
will of the Board he would agree to it. Councilman. Nickles pointed
out that the solution resulted in an additional $4,000.00 plus saving
to the Town over the original quote of the Stype agency.
467
3:10 P.M. - Work session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
Tuesday, December 22, 1981 at the Southold Town Hall, Main Road,
Southotd, New York. Supervisor Poll opened the meeting at 3:15 P.M.
with the Pledge of Allegiance to the Flag.
Present:
Supervisor William R. Fell, III
Councilman Henry. W. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Frandis J. Murphy
* *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Absent:
Justice Francis T. Doyen
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the following audited bills be and hereby are approved
for payment: General Fund Whole Town bills in the amount of $20,468.32;
General Fund Part Town bills in the amount of $30,499.25; Highway
Department bills in the amount of $7,465.79; Fishers Island Ferry
District bills in the amoun~ of $2,222.13.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Nurdock, Councilman Nickles, Councilman Drum, Supervisor Poll.
This resolution was declared duly adopted.
On motion of Supervisor Poll, seconded by Councilman Murphy, it was
RESOLVED that the next meeting of the Southold Town Board wilt be a
Special Meeting to be held on Tuesday, Ucc'ember' 29,''1981 am 1i:30
A.M. at the Southold Town Hall, Main Road, Southold, New York, and
b--~t further
RESOLVED that the Organizational Meeting of the South'oId~Town Board
will be held at 3:00 P.M., Tuesday,' January 5,''1982 at the Southold
Town Hall, Main Road, Southold, New York, and be it ~urther
RESOLVED that the next Regular Meeting of the Southold Town' Board
will be held at 7:30 P.M., Tuesday, January '5, 1982 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the ToWn Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution vas declared duly 'adopted.
I. REPORTS:- SUPERVISOR PELL:
1. Monthly report of Judge Tedeschi (November 1981).
2. Monthly report of Judge Rich (N~vember 1981).
3. Solar Energy Commission minuves supplied to us by our
rep. on there Jean Tiedke.
4. Councilmen's reports - Counoilman.~urdock--
COUNCILMAN MURDOCK: During the preceeding week there was a draft
environmental impact stazement hearing by NYDEC on behalf of Energy
Development Corporation. Today we had another proposal put to us by
Lovisa Corporation. Municipal solid waste is still a m~jor topic of
conversation requiring a great deal of thought and effort. Thank
you, Bill. ~
465 DECEMBER 22, 1981
SUPERVISOR PELL: Councilman Drum? (I have nothing to report.)
Councilman Nickles? (Nothing.) Councilman Murphy? (Nothing.)
I omitted approval of the minutes of the december 8th-meeting.
At this time I will offer tha~ resolution.
On motion of Supervisor Pell, seconded by Councilman Murdock, 'it was
RESOLVED that the mtn:utes' of the December 8, 1'981 meetSnE of-the
Southold Town Board be and. herebY are approved.
~o~e of the Town Board: AyeS: Councilman M~phy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: I would like to thank Councilman Drmn for bringing
it to my attention. I almost skipped it. What are we going to do
the next time when you aren't here?
Supervisor's Report: The Supervisor did attend, in Southold
Town we had all ten Supervisors here and we discussed creation of
a Long Island Transportation Authority and withdrawing from the MTA.
Also, the possibility in looking into doing away with the County
Legislature but more information is needed. Tentatively the Board
does agree with it but still we want more facts. Also we did discuss
something about the sales tax but no action was taken and no.di~ectiqn
was taken but it was something we will be looking into in the first
part of the year when we meet again. We're opposed to it but they're
thinking about asking for a rebate to the towns. If you remember,
last year we asked for a rebate of the sales tax to the towns and
they agreed to give us 50Q per head. Then it got somewhere along
the way it got killed so we are going to go after that route again.
At this time I would like to call for resumes. We are looking
for three people to represent the Town to sit on th~com~iittee that
works with Riverhead Township and the CoUnty~;~egiS~i~ture'~a the--I'm
going to refer to it as the $105 ; 000. 00 Wat~?S'~!i!~r i~ North
Fork. Anybody interested in being on this Committee?land T~presenting
t~r Town should submit their resumes to the Town C%erk ~nd the Town
~Clerk will distribute them to the Board and the decision ~iI1 be-made
on January 5th
Secondly, I would like to call 'for resumes to;fill
term of Robert Douglass on the B~d-~~ anti.the
expires January 9th of Frank Le~ich on. the Board.-iO~i-.HOusi~g--A~peals.
Resumes are due into the Town Clerk's office by ~anuarv %4th and she
will distribute.them.to-the Board, hoping the Boardwill :make a
selection on January l'9th.
II. PL~LIC NOTYCES: - COUNCILIiAN NICKLES:
l. From the Department~of Environmental Conserv~tion~ It is
a Positive Declaration, Notice of.Intent to Prepare an. Environmental
Impact Statement Determination of Significance on the application
of Goose Bay Civic AssociatiOn to maintenance dredge Goose Creek.
2. From the Department of Environmental Conservation,. Notice
of Complete Application of Peter Kreh to subdivide a parcel int~o
four lots on James Creek, Mattituck. Comments by January 13th.
3. A pieceof property right adjacent to #2, also from the
D.E.C., Notice of Complete Application of the FOlly Beach, Ltd,~
to subdivide a parcel into four lots at James Creek, Mattituck.'
Comments by January-13, 1982.
4. From the D.E.C., Notice of Complete Application by Sat
McCarthy by Enconsultants to construct a catwalk, hinged ramp;
floating dock at Mattituck.~ Comments by January 13th.
All these notices are on the Town Clerk's Bulletin Board
and are available for your inspection.
III. COMMUNICATIONS: - SUPERVISOR PELL:
The communication letters are on file with the Town Clerk and
Town Board.
1. From New York State Legislative Commission on Water Resources,
signed by Eddie Cantor who has been out to Southold Town and'has been:
working with our landfill, people to keep us abreast of what their
thoughts are.
2. Letter from H2M in regard to the project with the Village, _
of ~reenport (201 Study). ~have that under resolutions (V--6).
3. From the DEC who gave us an emergency permit to do work
up at Kenny's Beach and we have to notify them within 48 hours when
DECEMBER : 22, I981
469
the work is done. They ha.ve~-b .~ied~ and the work has been done,
that portion Of it.
4. Letter from ~Lr. Rambo saying how he plans to work on the slope
up at the sand pig owned by Mr. Gtover and he w~nts to put in beach
grass and black pines along the ~ after he brings it' up according
to Town specs in the Town Code tmder stopes.
5. From Green.port-Southold Chamber of Commerce who woutd like
us to modify our zoning ordinan~ to permit short term room rentals
in residentia.1 zones. The Town Board has directed us ko write' back
to them and ask them for more thoughts and l'ook at what other tovc~s
do and if they have a hardship in the interim, realizing thiS will
take some time, that they go the route.of va~iance-.2o..2he-.Z-~B.A.
6. Another letter from the''Green'port'-'So~thol'~:-'~~mber''o~ -
Commerce requesting the Town Board to support ~ I% ~knS'ient''r'oom
fee ~ax to the County.: Basical'ly the Town'Board is opposed to: this
request. - ............
~. A letter fro~ Federal' COn'ser~a't'ib~ 'Gr'o~p,-the.-people who
i~sulated the sidewalls of the' retreat'ion b'~i'l~ing On' Pe'coni'c La~e.
Starts off, "Good Morning Mr. Pell;" There is a little joke on that
one. I get up in the morning, and one morning I was there before they
were ~o start work and I told them the best part of the day is gone,
they might as well go home. So they are taking it asa joke as it
was meant. - ...........
8. Letter from Brookhaven Town CoUnc'ilma'n''('Eugene T, 'Doc'Icy)
requesting the Town Board of Scut.hold.to join them in a :su'it 'agai'n'st
reapporzionment (Suffolk County Legislature). The Town Board will
not join in.
9. Letter from our''Tr~st'ees..in reference, to.-a.-lette~..from
Southold Town Baymen'sASsociatiOn 'reques't'i'ng Cert'a'i'n laws' b~
enacted to help prevent unpermitted dredging or 5ulk~eads that go
in' the Town. We are going to send a letter to the Town Board ;of
Trustees and asked them to go to the Baymen, the section of our
taw which covers this.
10. We have the people in the audience today who brought this
to my attention a month ago or perhaps two months ago, in regard to
Captain Kidd's Estates and Central Drive. The Board did discuss ~his
today at great length. Mr. Dean and myself started up there a week
or so ago and he got back to eyeball it and look at it and at this
time under direction from the Board, that road has bee~ up there for
many years, has no~ been used for many years and Counsel can help me
out--that road is going to be abandoned, is that the word? Abandoned
from the Town Road Map. I know this is not your intent, your intent
was to have it opened up so you could get into your property. That
road has not been used and not been maintained by the Town £or quite
a few years and under the statute of that the road can be abandoned.
MR. BARRY VREELAND: We're on adjacent land to this road. The road
was--hardpen was pu~ in on the road in 1963. It was used for several
years following 1963 and it was used particularly in the winter time
subsequent to that, but we did make a much longer access to get into
our property and our neighbor's property, which we generally use, but
this--it's about 110 foot road that comes back and abutts on our
property. This is used by us, or it was used until it go~ blocked
off by other people, particularly in the winter time. When the winter
comes our long winding road becomes inaccessible and even with the snow
plow you can't get the ice on it and there is a bit of a grade going
up'there so we have no way of getting in and out during the win~er
storms. Now, we don't understand why this public road should be
abandoned when it has been there. Up to this date no action has been
taken and the reason that we brought this to the Town Board or to
Mr. Dean two years ago and it was---Mr. Dean indicated he was going
to do something about it and nothing got done and .finally, of course,
I came to the Town Board through Mr. Poll's office and said, "Look,
we've got a problem here. This is a piece of public road that is
being abused by other parties and we want it kept open". Now, I
don't understand the process of abandonment and i~'s abandoned to
Who, and so forth, but we strongly protest this. You see, not only
is it for our personal convenience in the winter time, but it's the
nearest access to the fire equipment and if there wa~, of course, an
emergency, God forbid, that one of us should be taken ill, it's the
shortest distance to these adjacent properties. Otherwise, we have
to go a third of a mile to get in there assuming yo~ can ge~ in. So
we would certainly continue whatever legal right we have to petition
the Town and to ask the Town to keep this road open. I might point
out one other thing to you, that there is a property that faces this
road, it is their public right-of-way, and you're proposing to abandon
a public right-of-way to the man and to the property owner, Dr. Carlton.
DECEMBER 22, 1951
He is the property who's property aborts this and this
way, his 100 feet that he has to have for frontage'. SO, 'I don't~
stand how this decision could have been .reached and I petition y~u
reconsider this and advise us fUrther.
SUPERVISOR DELL: Let me ask you one question before you sit down.
When was the last time you used that, when was it blocked Off 100%?
~R. VREELAND: It was blocked off I believe two'or three years ago.
SUPERVISOR PELL: Two or three years ago.
time?
MR, VREELAND: That's right. It was accessible and we used it in
the--when the bad weather came and the snow came.
MR, ~URPHY: What does~this doctor do now, where is his access9
MR. VREELAND: He comes out on the extreme east side and he has~a
You used it up. until that
little piece of paved road that comes out. He's paved over the public
road to get out, but he's way on the east side so as far as access is
concerned, he has access.
MRS. VREELAND: But he won't have frontage on the road.
MR. VREELAND: Well, he won,t have frontage, of course, if the road
is abandoned. Who are you going to give it to? It's the Town's
property and I believe that the Town is required to maintain it and
to hold it and we would be inclined to insist that it be retained by
the Town.
SUPERVISOR PELL: You gave us a lot of information that was needed and
we are not going to adjourn ~he meeting today, we have other Stuff to
discuss and it will be rediscussed at the Board Room.
MR~ VREELAND: We can follow it up with your office?
SUPERVISOR DELL: Follow it up with my office.
COUNCII~N NICKLES: t don't think the Board had all the information
before we came to a determination. As one Board Member I wasn't
aware that there was anybody living at the end of the r,oad using that,
depending on that Central Drive, or that portion Of it,for access.
~RS. VREELAND: Can you described to us what an abandoned Piece of
properTy--what would happen to it in view of abandonment?
TOWN ATTORNEY TASKER: When the Town takes a road as a public highway,
all it gets is an easemen~ over that strip of land for purposes of
maintaining a public street. When it abandons it it ~ust removes the
Town's easement. The people who own either side of the street still
own to the center, it doesn,t change anything with respect to owner-
ship. It will continue as a private street shown on the subdivision
map. Now, basically speaking, you have-,the Town Board hasto make a
determination that the road is no longer needed for pUblic purposes.
When we discussed this earlier there.was no information whatsoever
that it in fact was used. This puts a different light on it.
MRS. VREELAND: But you also understand clearly that one person has
taken over this property with a private garden.
TOWN ATTORNEY TASKER: That should not have been permitted.
SUPERVISOR PELL: Moving on to Number ll which was left off the
agenda. Letter from Energy Development 'Corp. which the Board has
received and placed on file.
IV. HEARINGS:
On motion of Supervisor Petl, seconded by Councilman Nickles, it was
RESOLVED that a recess be called at 3:40 P.M. for. the purpose of holding
a public hearing in the'matter of the application of M. S. Levison (~77)
for a wetland permit.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly .adopted.
DECEMBER 22, 1981
Meeting .reconve.n..ed at 3:45 P.~.' . -, ............
471
V. RESOLUTIONS:
On motion of Councilman Murphy, seconded by Councilman Murdock, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southotd; notice is
hereby given that the Southold Town Board, as lead ag:ency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action: ApPlication of Eric on behalf
of Neil Simon for a wetland permit to construct I ft. o timber
bulkhead generally above line of MHW, except on southerly side where
it will tie into the corner of existing bulkhead. A 10 ft. return
is proposed on northerly side. Approximately 200-cu. yds. of clean
sand fill will be trucked in for backfill. Location of property:
terminus of Harbor Lights Drive, on man-made basin off Southold Bay,
Southold, New York.
The project has been determined not to have a significant effect
on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project 'be implemented as planned.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation, it is
assumed that there is no objection nor comments by that agency.
Vote of the Town Board: Ayes: Councilman Murphy, Co. uncilman
Murdock, Councilman Nicktes, Councilman Drum, Supervisor Petl.
This resolution was declared duty 'adopted.
On motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southotd supp'olrts
Assembly Bill '7860 and' senate Bill 6'327, entitled "'AN ACT to create
the. Long Island transportation authority to assume, continue and
improve the commuter transportation services presently provided by
the~ Long Island railroad, to provide for the necessary transfer of
certain functions, facilities, powers and duties related thereto
and making an appropriation therefor". The purpose of the bills is
to accomplish the severance of the Long 'Island Railroad (LIRR) from
the Metropolitan~Transit Authority (MTA) and to create a LIRR Corp-
oration for the continuance, further development and improvement of
the Long Island Cor~nu~er transportation and other services related
thereto. And be it further
RESOLVED that a letter be forwarded to Assemblyman John L. Behan
and Senator Kenneth LaValle requesting their support of the
respective bills.
Vo~e of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, SuperviSor Poll.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold a'pprov'es t'he
amount of $325,000.00 for a one (1)year' bond for roads and improve-
me'nts in the subdivision'known as "'Grandvi'ew Estates" at Orient, New
York, as recommended by the Southotd Town Planning Board and Town
Engineer Lawrence M. Tuthill.
Vote of the Town Board: Ayes: Councilman Murphy', Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll.
This resolution was declared duly a~op~d.
On motion of Councilman Murdock, seconded Councilman Murphy, it was
RESOLVED that the TOwn Board of the Town of Southold'app'o'i~t' Bill
Kotzk¥ as Southold Town's representer'ire on the~'S~f'fbl'k County Solar
Energy Commission., effective immediately.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll.
This resolution was declared duly adopt'ed.
Moved by Councilman Nickles, seconded by Councilman Drum,
WHEREAS.. the Town Board of the Town of Southold has sought proposals
on its property an'~ liabil'i'ty inSUranCe' programs to take effect on
January 1, 1982, now, therefore, be it
RESOLVED that the proposal of' ~al S~ype & Son~,'I~c. be accepted for
providing the Town of Southold with Vehicl'e 'in'Surance coverage for
one year (1982) at a premium of $21,504.00, and be it further
472 DECEMBER 22, 1981
RESOLVED'that the proposal off MeMann~Prii ~e accepted for
providing the Town of Southold~with 1t %'he 'i'nsUrance
coverage, including police professional liability coverage, for a
three year period (I982-1984), at an annual premium of $52,493.00.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll.
This resolution was declared duly 'a~opt'ed.
On motion of Councilman Murphy, seconded by Councilmah Murdock, it was
RESOLVED that the Town Board cf.-the Town of Southotd.a'grees'.to 'the
following concepts under the Greenport~Southold 2'01' WaSt'ewa't'er
Facilities StUdy: ....
(a) Force main from Greenport to resource recovery
facility at Cutchogue~as solely a Town project.
(b) The Scavenger Waste Plant at Greenport will be
financed by the Town and construction and operation
will.be by the Town/or Greenport.
(c) A filter press facility will be located at the
Landfill Site at Cutchogue.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Petl.
This resolution was declared duly adopted.
7. On motion of Councilman Drum, seconded by Councilman Murdock, itwas
RESOLVED that the application of Maddie Miles, dated November 30,
1981, for renewal of her trailer permit on private road off north
side Main Road, Mattituck, New York, be and hereby is granted for
a six (6) month period.
Vote of the Town Board: Ayes: CounCilman Murphy, Councilman
Mnrdock, CounciIman Nickles, Councilman Drum, Supervisor Dell.
This resolution was declared duly adopted.
8. On motion of Councilman Murdock, seconded by Coun~iman~um~ it was
RESOLVED that the Town Board of the Town of SOuthS:i~o:eng~
services of Hotzmacher, McLendon and Murretl, D~C(( ~
engineers for the New York State Department of Tra~Por~iO~egu~t~y
and Warning Sign project at a fee of $3,500.00.
Vote Of the Town Board: Ayes: Councilman MurphY, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor ~ell.
This resolution was declared duly adopted.
(a)
(b)
(c)
10.
On motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for furnishing all of the heating
fuel oil (No. 2 fuel oil) required for heating of the Town buildings
consisting of the Southold Town Hall, Main Road, Southold, New York,
and Town Highway Department building, Peconic Lane, Peconic, New
York, for the calendar veer 1982.
Vote of the ToWn Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Dell.
This resolution was declared duly adopted.
On motion of Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for fUrnishing all of the gasoline
for the Town of Southold vehibl'es: for the Calendar year 1982~
Vote of the Town Board: Ayes: Councilman Murphy,1 Councilman
Murdock, Councilman-Nickles, Councilman Drum, SupervisOr Poll.
This resolution was declared duly adopted.
On motion of Councilman Nickles, seconded by Councilman Murphy, it wa
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids .for furnishing all of the diesel fuel
for the Southold Town Highway Departmen~ and Disposal Area for the
calendar year 1982.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll.
This resolution was declared duly adopted.
On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold set 3:30
Tuesday, January 19) 1982. Southold Town Hall, Main Road, Southold,
New York as time and pla~e for hearing upon application of Strong's
Marine Center for a permit under the provisions of the Wetland Ordin-
DECEMBER 22, 1981 273
ance of the Town of Southold,~ i~.r~ermission to const~uc~a 190 ft.
s~ion of bulkhead in' line-~~:~Onhected to parzia±ly completed
existing bulkhead and backfill with approximately 40 cubic yards of
clean fill to be trucked in from upland source. Bulkhead will be in
inner portion of marina. Construct a total of 70 ft. of timber
bulkhead to.connect to existing bulkhead on outer portion ,of marina
to control scouring of backfill from existing bulkhead.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
It.
On motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold set 3:35 P.M.,
Tuesday, January 19, 1982, Southold Town Hall, Main Road, Southold,
New'York as time and place for hearing upon application of Enconsultants,
Inc. for Sal McCarthy for a permit under the provisions of the Wetland
Ordinance of the Town of Southold, for permission to construct a fixed
elevated catwalk, hinged ramp and floating dock secured by two piles
at his property'at 40 Fox Hollow Road, on Mattituck Creek, Mattituck,
New York.
Vote of the Town Board: Ayes: COuncilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
12.
On motion of Councilman Murdock, seconded by Councilman Drum,
~HEREAS, a petition was received from Joseph J.' Liz'e%~ski request'ing
a change of zone from "A" Residential and Agricultural District to
"B" Light Business District on certain properzy at Cutchogue, New
York, now, therefore, be it
RESOLVED that the Town Clerk of the Town of Southold be and she
hereby is directed zo transmit this application to the Planning
Board in accordance with Article XV,.'Section 100-t50(B) of the
Code of the Town of Southold.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nicktes, Councilman Drum, Supervisor Petl.
This resolution was declared duly adopted.
On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Southold Town Board dec,ares' i'tsel'fTea~d''agency
in regard to the State Environmental Quality Review Act in the
matter of the application of Joseph J. Lizewski 'for a' change of
~.one from "A" Residential and Agricultural District to "B" Light
Business District on certain property located o~ the ~orth side
of Main (State) Road, Cutchogue, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
14.
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that Supervisor William R. Petl, III be and he hereby is
authorized and directed to execute an agreement' between the Town
of Southotd and The North Fork Bank ~ Trust Company for the lease
of one Burroughs F5706 accounting machine, serial no. F-182934 for
a twelve month period commencing on January t, 1982 and terminating
on December 31, 1982 at a rental price of the cost of the maintenance
agreement by Burroughs.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilmgn Drum, Supervisor PeI1.
This resolution was declared duty adopted.
15.
On motion of Councilman Nickles, seconded by Councilman .Drum, it was
RESOLVED that the Town Board:of the Town of Southold accept the
proposal for audit of EPA account, in accordance with-~-ederal
regulations, for construction of the Southold Town Hall, by Elaine
F. Kaldor, Certified Public Accountant, at a fee of $1,750.00;
$730.00 of which is to be paid in 1981, balance during fiscal
year 1982.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
16.
Moved by Councilman Murdock, seconded-by Councilman Drum,
WHEREAS, Marian Council #3852, Knights of Columbus, Cutchogue,
New York, has applied to the Town Clerk fora Bingo License, and
WHEREAS, the Town Board has examined the application and after
investigation, duly made findings and determinations as required
by law,
474 DECEMBER 22, 1981
17.
NOW, THEREFORE, BE IT RESOLVEDthat the Supervisor be and he hereby
is authorized and directed to execute on behalf of the Town Board
of the Town of Southold the findings and determinations as required
by law, and it is further
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo License to ~rian Council #3852, Knights of Columbus,
Cutchogue, New York.
Vote of the Town Board: Ayes: ~ Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pett.
This resolution was declared duly ad.oPted.
On motion-of Councilman Murphy, seconded by Councilman Drum, it~was
RESOLVED that the To~n Board of the Town of So~thold approve the
application of Ge'raldine' DaVis,' dated November 30, 1981, for' renewal
Of her trailer permit 'on the s~uth side of Sound_AVenue, Mattituck,
New York, for a six (6) month period.
Vote of the Town Board: Ayes: Councilman Murphy) Co~nci.lman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Dell.
This resolution was declared duty ad'opted.
SUPERVISOR DELL: Number 18 is something that you people don't know
about too much. It happened rather quickly, but I t~ink you a~lt
should be aware of it and I'm going to ask Councilman Murd0¢k--
the Cross Sound Ferry-- he was the one who brought it to my attention
the .other day and I think I will ask him to explain it and offer the
resolution.
18.
COUNCILMAN MURDOCK: The other day I received information that the
Cross Sound Ferry Company was in danger of closing down operations.
It turns out there was an argument between the existing ~rtners and
one partner owns a lease that the propertv--on the.prOt~rty that .the
ferr~ lan~s at and he has requeste~ a Charge.in ren~f~o~a $1,430.00
a month to $I0,000.00 a month to his partner'~ho iS the operator.
Baring thatincrease he has asked that th~ CrosSSOund. Forty'CompanY
be evicted from the premises. There is a court hearing t~omorrow in
Hartford asking for a stay, and there will be. another hearing and we
on the Town Board as well as hopefully now the County Execrative,
Senator LaValte and Senator Behan, the Town of Riverhead,
of Southampton, I believe the Town of East Hampton, are all semding
resolutions and notices to the Interstate Commerce Committee
emphasizing the importance of this ferry afld the service it
provides to Long Island. Along that line our resoluzion will
be:
Moved by Councilman Murdock, seconded by Councilman Drum,
WHEREAS, the community of Southold and its economic prosperity
has significant dependence upon the regular ferry s~rVice provided
by the Cross-Sound Ferry Services, Inc., between Orient Point, New
York, and New London, Connecticut; and
WHEREAS, great numbers of businesses are engaged in interstate.
commerce both to and from Orient Point, New York, providing goods
and services for our community as well as for business prosperity
for our area; and
WHEREAS, vast numbers of businesses and members of the general
public depend upon such transportation~ for their livelihood and
well-being;
NOW, THEREFORE. BE IT RESOLVED that William R. Poll, III as Super-
visor of the Town of Southold, is hereby.authorized to communicate
with the Interstate Commerce Commission and/or to supply said
Commission with any letter or affidavit for its use regarding any
action seeking to enjoin the eviction of Cross-Sound Ferry Services,
Inc. from its New London terminal facility until an alternate site
may be found. Such communication and action is authorized in order
to do whatever is possible to assure continued and uninterrupted
regular ferry service and the continued flow o~ interstate~ commerce
to our community.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor POll.
This resolution was declared duly adopted.
COUNCIL~.LIN MURDOCK: Also, we have already sent a telegram to t.he
Interstate.Commerce Commission.
SUPERVISOR PELL: Just for information'sake I did speak to the
lawyer who is handling the case for Cross-Sound and if he thinks
it necessary, he will call me tonight at my home and I will be in
DECEMBER 22, 1981
475
Hartford tomorrow. I do not know at this~'time and he does not know.
Number 19 we are going to ~w~i~,~u~ttl. ~he' me'e't'i'ng. Of 'the 29th.
to talk abou~ 'that. That has been laid aside.
20. On motion of Councilman Nickles, seconded by Councilman DrUm, it was
RESOLVED that the Town Board of the Town of.S~ut~?ld '_gra~t
Stutsky, Clerk-Stenographer in the office o~ ~ust~ce ~eaertc~ ~e~e~
her' third salary i~crement in the amount of $500.00,- effective January
l, 1982.
Vote of the Town Board: Ayes: Councilm~n Murphy, Councilman
Murdock, Councilma~ Niekles, Councilman D~um, Supervisor Pe~l.
This~resolution was declared duly
21. On motion of Supervisor Poll, seconded by Councilman Nickles,-it-was
RESOLVED, that $3,105.02 be and hereby is transferred from H~gh~ay,
Item I, DR9010.8 NYS Retirement, to Highway, Item I, DR9060.8
Hospitalization & Medical, and be it further
22. RESOLVE~ that $3,582.17 be and hereby is transferred from H~ghway,
I~em III, DM599 Unexpended Balance, to Highway, Item III, DM5130.4,
Contractual; and be it further
23. RESOLVED that $t6.80 be and hereby is transferred from Highway,
I~em III, D~9010.8 NYS Retirement to Highway, Item III, DM9059.8,
CSEA Welfare Fund; and be it further
24. RESOLVED that $1,896.00 be and hereby is transferred from Highway
Item IV, DS5140.4 Contractual, to Highway, Item IV,~ DS5t42.4
Contractual, and be it further
25. RESOLVED that $2,622.49 be and hereby is transferred from Highway
Item I, DR5110.1 Personal Services, ~o Hi~ ~em I, DR5110.4
Contractual.
~ote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nick!es, Councilman Drum, Supervisor Peil.
This resolution was declared duly adopted.
26. On motion of Counoitma~ Drum, seconded by Councilman Murdock, i2 was
RESOLVED that the Town Board of the Town of SOuthold.'authorizes the
following tran'sfe'rs of funds within the Fi's~er's'Tsland' Ferry' Ui's~'r'i'ct
198~ Budget:
From: Bonded Indebtedness- $119.24
N.Y.S. Retirement .....
$254.70
To: Office Expense ................... $ 21.30
Hospitalization --$2'3'3'.40
$254.70
Vote of the Town Board: Ayes: Conncilman Murphy, Councilman
Murdock, Councilman Nic~les, Councilman Drum, Supervisor Poll.
This resolution was declared duly 'a~O'pt'ed.
27. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold.authorizes the
following encumberan~'eS o'f' ~'unds within th~ Fi's'her'S 'TsI'~nd F'err~ Di'Strict
1981 Budget:
Repairs Ferry .............................. £---$ 2,065.40
Purchase Order No. 1040281 for
replacement of damaged propeller
Essex Machine Works, Essex, Ct.
Operation Ferry ................................ $ t,825.00
Printing of various fare tickets
for ferry operation. Globe Ticket
Co., ~Valtham, MA. ~
Operation Ferry .................... $ 1,206.28
Fuel oil received but not yet
invoiced. Spicer Fuel Co., Groton; Ct.
Operation Ferry ...................... $ 8,899;09
Fuel oil received but not yet
invoiced. Mobil Oil Corporation .. $13,995.77 TOTAL
Vote of the Town Board:. Ayes: Councilman Murphy, CounCilman.
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
28.
(a)
On motion of Councilman Nickles, seconded by Supervisor Poll, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the transfer of $3,350.00 from General Fund Whole Town Unexpended
Balance to General Fund Whole Town A7180.4, Beaches, Contractual, to
pay billing for Sound Shore Excavation, Kenney's Beach, and further
authorizes additiona~ expenditure of $1,350.00 towards this projecz;
476 DECEMBER 22, 1981
V0teof ;the Town Board: Ayes: Councilman M~rphy, Councilman
Murdock, CoUncilman Nicktes,
This resolution was declared duly adopted.
28. On mozion of Councilman Nickles, seconded by Councilman Murdock, it'was
(b) RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following transfers from the General Fund Whote Town Budget:
From: A1355.4 - Assessors, Contractual .............. $ 250.00
At4t0.2 - Town Clerk, Equipment ............... $ 421.00
A1420.4 - Town Attorney, Contractual. 131.58
Al010.4 - Insurance 500.00
A1990.4 - Contingent ....... $ 416.42
A?180.2 - Beaches, Equipment .............. $ 1,000.OO'
A7020.4 - Rec. Admin., Contractual ............ $ 300.00
Total ..... $10,019.00
To: Al010.4 - Town Board, Contractual ............. $ ll0.00
All10.4 - Justices, ContractUal .............. $ 1;190.00
ALII0.2'- Justices, Equipment ................. $ 150.00
A1220.4 - Supervisor, Contractual ........... ~-$ 130.00
A1220.2 - Supervisor, Equipment- .............. $ 421.00
A1440.4 - Engineer, Contractual ............... $ 100.00
A1620.4 - Buildings, Contractual .............. $ 2,600.00
A3020.4 - Public COmmun., Contractual ......... $ 68.00
A3610.4 - Exam. Boards., Contractual .......... $ 50.00
A5182.4 - Street Lights, Contractual .......... $ 700.00
A5650.4 - Off Street Parking, Contractual ..... $ 600.00
A7180.4 - Beaches, Contractual ................ $ 700.00
A8160.4 - Disposat Area, Contractual .......... $ 900.00
A8540.4 - Drainage, Contractual ..... $ 2,300.00
Total ..... $10,O19.00
Vote of the Town Board: Ayes: Councilman Murphy, .Councilman
Nurdock, Councilman Nickles, Councilman-Drum, Supervisor Petl.
This resolution was declared duly adopt'ed.
29. On motion of Councilman Murphy, secondedby COuncilman Drkim, it was
RESOLVED that the Town Board of the' Town of Southold"here~y authorize~..
the transfer of $11,700.00 from General Fund Part Town Contingen~
Accoun~ ~o:
B3120.4 - Police, Contractual ..... , $ 9,500.00
B3620;4 - Building Inspect., Contractual- -$ 150.00
B8010.4 - Zoning, Contractual ...................... $ 750.00
B3120.2 -Police,Equipment .................... $ 1,300.00
Total ..... $11,700.00
Vote of the Town Board: Ayes: Councilman Murphy, Cou~il~an
Murdock, Councilman Nickles, Councilman Drum, supervisor p~ll.
This resolution was declared.duly adopted.
SUPERVISOR PELL: At this time I will ask the Councilmen if there
is anything I left out or omitted? Larry, Hank, John, Frank?
The floor is open to the pub%lc. Mrs, Oliva.
MRS. RUTH OLIVA: On behalf of the North Fork Environment Council
we would like to wish Councilman Drum well in his retirement from
public life into private li~e and to thank him for the time he has
devoted to the Town. Also, I would like to wish you all a very
happy holiday. Thank you.
COUNCI~5IAN DRUM: Thank you very much, It has been my pleasure.
SUPERVISOR PELL: Mr. Bear.
MR. FRANK BEAR: First I'd like to say I think that Councilman
Nickles and Murphy could get more feeling into the reading of
those figures. The thing that I would really like to say is I
think the fact that the Town Board approved that resolution for
the North Fork Water Plan Study had'a very good effect as far as
the County Legislature is concerned. The County Legislature, as
you know, passed it unanimously two weeks ago and I went there this
morning and ~thanked them for doing so and I think that's the first
~time they've ever been thanked for doing anything. They reacted
in a very unusual manner. But I wanted to thank the Town Board' for
their support on this very important thing and I also wish you all
a h~ppy Christmas and New Year.
SLrPERVISOR PELL: Thank you.
COUNCILMAN DRUM:
Thank you for being our emissary.
DECEMBER 22, 1981
COUNCILMAN NICKLES: Frank, t~h~a~,~u~ere very instrumental in
swinging some key votes on the minbr~ty Side.
SUPERVISOR PELL: Anybody else?
MRJ~HENRY LYTLE: Under resolutions, Item 12, about t~he transfer of
the application of Dr. Lizewski. Did the Board take a position now
when they transfer it?
47~
COUNCILMAN MURDOCK: Not as yet. We will have a public hearing on it.
SLrPERVISOR PELL: There will be a public hearingrheld on that one after
the recommendations come back, It has to go through the channels and
then it will come back here and we will schedule a public hearing.
Anybody else wish to address the Board? If not, I will ask the
Board at this time to recess. We have one item I know.I want to
discuss with the Board. We ran ou~ of time and it needs action today.
COUNCII~MAN NICKLES: I would like to wish everybody, ~y fellow Board
members and the Town Clerk, and-those faithful who come ~o our meetings,
seasons greetings also and the best in the New York. But, also, I'd
like to make mention that CoUncilman Drum is leaving as Ruth Oliva
just pointed out and as we all know that serve, it is a privilege to
serve the people of Southold Town. However, t think in addition to
that, I found tha~ the two years that' I served Wi't'h Henry Drum to be
a privilege and I'd also like to wish him the best Zfter January 1st.
If you do come to meetings, Henry, be quiet!
COUNCILMAN DRUM: Thank you, John.
SUPERVISOR PELL: I believe that John speaks for 'the ent'ire Board
on that subject. We all wish him the best. It has been four years
since you and I came here and we've seen a few changes.
I't is close
COUNCIL~N DRUM: Local government is %he best'goVernment.
to the people, and that's what's important.
SUPERVISOR PELL: If I can ad lib for a minute before we do recess.
We came up here, Hank and I, we wait for--John was here waiting for
the Town Clerk to come and then John went, and we had to wait for
Larry to come. We stood here and just thought for a minute and said,
you know, four years has been changes made. We reflected on a few
of them, the two of us, but we said one thing we didn't do, we wanted
to get the tax bills out on December 1st. That we didn't do. But
there were a few good days.
COUNCILMAN DRUM: But we're going to get them though.
SUPERVISOR PELL: Eventually.
On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that this Town Board meeting stand~--~ recessed a't 4:15 P.M.,
to reconvene following the Work Session.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murddck, Councilman Nickles, Councilman Drum, SUpervisor Petl.
This resolution was declared duly adopted.
GRIEVANCE HEARING -4:30 P.M. - JULIA E. KING.
WORK SESSION
4:45 P.M. - Town Attorney Tasker explained proposed Resolution No.
30 concerning proposed appeal the denial of respondents cross mo~ion
for a summary judgment to the Appellate Division of the Supreme
Court in the matter of Nattituck Presbyterian Church' v.' The Board
of Assessors of the Town of Southold.--Councilman Murphy expressed
his opposition to such an appeal.--Councilman Nickles stated the
law was very clear in this ma~ter when it was brought in by the
TaX Assessors and shown to the Town Board, and in his opinion the
Town should appeal the decision. Considerable discussion was held
concerningthe proposed motion.
476
DECEMBER 22, 1681
30.
The Regular MeetinK of the Southold Town Board reconvened at 5':~05
On motion of Councilman Drum, seconded by Councilman Nicktes,
WHEREAS, an action is pending in the Supreme Court of the State of
New York, in the matter of the application of Mattituck Presbyterian
Church v. The Board of Assessors of the Town of Southoid,i and~
WHERE-----~S, petitioner, MATTITUCK PRESBYTERIAN CHURCH, move~ forsmmmary
judgement and respondents, THE BOARD OF ASSESSORS OF THE TOWN'OF
$OUTHOLD, cross-moved for summaryjudgment dismissing thePetition
of the petitioner, and
WHEREAS, Hon. ARTHUR M. CROMARTY, Justice ofthe Supreme Court,
granted the motion of petitioner for summary judgment and denied
the cross motion of respondents for a dismissal of the Petition on
the ground thaz petitioner is organized for the "morat or mehtal
improvement of men, women or children" as defined under Section
421 of the Real Property Tax L~w, and
WHEREAS, respondents cross-moved for a dismissal of the Petition
on the ground that petitioner did not fall within any of the exemption
activities as defined in Section 421 of the Real Property Tax Law, and
WHEREAS, it is deemed advantageous and necessary for the respondents,
BOARD OF ASSESSORS OF THE TOWN OF SOUTHOLD, to appeal the denial of
respondents cross motion for a summary judgement to the Appellate
Division of the Supreme CourT,
NOW, THEREFORE, BE IT RESOLVED that RICHARD J. CRON, ESQ., as
attorney for respondents, BOARD OF ASSESSORS OF THE TOWN OF SOUTHOLD,
be authorized to immediately appeal the granting of'Summary judgment
~o petitioner and the denial' of respondentS" cross MotiOn 'for s~mmary
judgment to the Appellate Division of the Supreme Co~r~, Second Depart-
ment.
Vote of the Town Board: Ayes: Councilman Murdock, Councilman
Nickles, Councilman Drum. Noes: ~uncilman Murphy, S~pervisor Pell.
This resolution was declared-LOST.
On motion of Supervisor Pell, seconded by Councilma~Drum, it .was
RESOLVED that there being no further business %Ocome b~fore this
Town Board meeting adjournment be called at 5:2'G
Vote of the Town Board: Ayes: Councilman Murphy,'Cou'ncd~a
~Murdock, Councilman Nickles, Councilman Drum, Supe~so-r ~elt.
This resolution was declared duly adopted.
Tow~n Clerk