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HomeMy WebLinkAboutTB-07/24/1979SOUTHOLD TOWN BOARD July 24, 1979 WORK SESSION A delegation of 13 residents from the Gull Pond area appeared before the Board to discuss the matter of boats mooring along the bulkhead at the Norman E. Klipp Marine Park. The residents were advised that the Trustees have jurisdiction over the bulkhead. At the time the bulkhead was constructed there was an agreement with'the New York State Department of Environmental Conservation and it is believed there are certain conditions in the agreement pertaining to the bulkhead.' E search has been made of the Town records but the agreement cannot be located, however, the Town Clerk has requested a copy from ~he DEC, and as soon as it is received a determination relative to the moorings will be made. In the meantime the Town Trustees have been requested not to issue any further mooring permits at that location. Dr. ~ron Slater, Greenport, appeared before the ~Board to discuss a proposal from the Office of Tourism and Cultural~ Affairs for the Town.of_Southold. Dr. Slater outlined the background of this proposal, proposed budget (Dr. Slater would like to be the Director), description of the Office of Tourism and Cultural Affairs, and job description of the directorship. Dr. Slater is certain a~major portion of the Office can be funded through federal grants, but would like approximately one fifth Town contribution so they will not be totally under federal control. The Board said they would study the proposal and asked Dr. Slater to contact the Chambers of Commerce and outline his plan and ask for their feelings on the matter. A regular meeting of the Southold Town Board was held on Tuesday, July 24, 1979 at the Southold Town Hall, Main Road, Southo!d, New York. Deputy Supervisor Homan opened the meeting at 3:00 P.M. with the following present: Deputy Supervisor James Homart Justice Martin Suter Justice Francis T. Doyen Councilman Henry W. Drum Councilman William R. Pell III *** Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean On motion of Councilman Drum, seconded by Councilman Pell, it was RESOLVED that a brief recess be called at 3:00 P.M. to enable Councilman Homan to submit his resignation to the Town Clerk. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Doyen, Justice Suter. This resolution was declared duly adopted. Councilman ?ell requested that Councilman Drum reopen the meeting as presiding officer. Meeting reopened at 3:02 P.M., Councilman Drum presiding. Town Clerk Judith Terry read the resignation of Councilman James Homan effective July 24, 1979. On motion of Councilman Pell, seconded by Justice Suter, it was RESOLVED that James Homan be and he hereby is appointed by the Town Board of the Town of Southold to fill the unexpired term of the late.Supervisor Albert M. Martocchia until December 31, 1979. 31'-' Vote of tke Town Board: Ayes: Councilman Pell, .C.ouncflman Drum, Justice Doyen, Justice Suter. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Pell, it was ESOLVED that Bond No. 73 S-16018 BCA issued by the Aetna Casualty and Surety Company in the amount of $200,000. in the name of James Homan, Supervisor, Town of Southold be and hereby is approved as to its form, sum, manner.of execution and sufficiency of surety therein. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter. This resolution was declared duly adopted. On motion of Councilman Pell, seconded by Justice Doyen, it was RESOLVED that Bond'No. 73 S-16019 BCA issued by the Aetna Casualty and Surety Company in the amount of $15,000. in the name of James Homan, Supervisor, Custodian of Fishers Island Ferry District Funds be and hereby is approved as to its form, sum, manner of execution and sufficiency of surety therein. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, CouncilmanHoman, Justice Doyen, Justice Surer. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Councilman Homan, Justice Doyen, Justice Suter. Thsi resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Pell, it was RESOLVED that a recess be called at this time, 3:15 P.M., so that James Homan may take his Oath of Office ay Supervisor and his Oath of Office and Bonds may be filed in the Suffolk County Clerk's Office. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter. This resolution was declared duly adopted. Meeting reconvened at 4:00 P.M. On motion of Justice Suter, seconded by Councilman.Drum, it was RESOLVED that the minutes of the July 10, 1979~S6uthold Town Board meeting be and hereby are approved as submitted. Vote of the~Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen~ Justice Suter, Supervisor Homan. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Pell, it was RESOLVED that the next regular meeting of the South~ld Town Board will be held at 7:30 P.M., Tuesday, August 7, 1979 at tke Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homan. This resoltuion was declared duly adopted. Supervisor Homan announced that he will call a special meetin~of the Board within the next several days to appoint committees. On motion of Councilman Pell, seconded by Councilman Drum, it was RESOLVED that the following audited bills be and hereby are approved for payment: General Fund Whole Town bills in the amount of $954.16; General Fund Part Town bills'in the amount of $141.13; Highway Depart- ment bills in the amount of $107.54; and Federal Revenue Sharing bills in the amount of $22,455.97. Vote of the ~own Board: Ayes: Councilman Pell, Councilman Drum, Justice Soyen, Justice Suter, Supervisor Homan. This resolution was declared duly adopted. Supervisor Homan stated that he is in receipt of the 1977 Anti Recession and Compliance Report for the Town of Southold from Elaine F. Kaldor, C.P.A., and the June 1979 report of the Southold Town Police Department. Supervisor Homan.: 1. Receipt of a Notice of Complete Application for Non-Minor Projects from the NYS DEC upon application of the U.S. Department of Agriculture for permission to consuruct a 50 ft. by 6 ft. addition to existing pier for use in docking USDA at Gardiners Bay, Plum Island, New York. Comments by August 8, 1979. 313 2. Notice from the Suff~tk :Co~y~"BQard of Electi.ons that the. Southold Town Hall Will be used for registration on Saturday, September 29, 1979 from 12:00 Noon to 7:00 P.M., and Tuesday, October 2, 1979 from 4:30 P.M. to 8~00 P.M. 3. Receipt of a s~pplemental notice from the Corps df Engineers relative to Bulkhead Replacement Activities in Navigable waters of the United States giving an effective date of the general permit as June 11, 1979 and expiration date of June 11, 1984. 4. Letter from Police Chief Carl Cataldo stating the.vehicles located in the impound yard at headquarters which were uncI~i~ed and classified as "junk" have been sold as salvage for $390.00 5, Invitation from the New York State Energy Office to participate in a local government energy conservation grant program. Dates and places to be supplied at a later date. The Supervisor is interested in attending such a program, and he will probably appoint a Board member, a member of the Building Department and a third individual to attend. 6. Latter fr~m Ralph M. Verni, property owner at Inlet. Lane, Gull P'ond~ ~reenport. During a recent County dredging project fill was p~aced on his beach and "almost completely obstructs my view of the water from my house and my property when I am sitting on the back lawn." This letter will be referred to the County. 7. R~CeiPt of a Certified Letter from the Suffolk County Department iof Labor advising of certain regulations that'must be comDi±ed ~h by thelTown under the Comprehensive Employment and Tra~nlng ~ Regulations (CETA).--This bas been reviewed with the office ~t~f and Town Attorney Tasker and Supervisor Homan has every assurance~he Town is in complaince with the regulations. 8. A~Out two months ago the Board at the request of Riverhead Town Sent a letter to the Suffolk County Legislature asking them not to move the court system from Riverhead~.to Yaphank. The County Legislature has replied stating there are currently no plans to move the Supreme Courts from their present location in Riverhead. 9. C~rrespondence from the Town Trustees and the Southold Town Ba me~'sy , A~sociation, Inc. regarding scuba diving. Justice 'Suter has r~searChed the local law and informed Supervisor Homan that there are in the iState regulations the necessary requirements for scuba divers suC~ as a Standard flag and the State Law should be sufficient. In future events should~rove ~kin or scuba diving in Town waters is abused in spite of the Sta~e.~egulations it ma~ be possible this Board would have to take another look at the matter to determine whether th'~y should pass a loca~ ordinance. ~ 10. ~ceiPt of Notice of Claim fr0m Arthur Siemerling who claim~ to ~av~ been injuredon the sidewalk in Mattituck. All necessary ~encles have been notified of the claim. - ii. R~ei~t of confirmation letter from the Department of Law, State of New York relative to the meeting of August 3rd at 10:00 A.M., concerning the Goldsmith Jetty. This is the Department of LaW's meeting and they are inviting the people. Should anyone feel that his presence will_be necessary at the meeting Supervisor Homan would gladly give the address where~y can write and ask for permission to attend the meeting. He has only received permission to invite the Town Board, Town Attorney, County Attorney and County Department of Public Works. 12. Letter from~Ri~erhead Supervisor Allen Smith w'nich he addressed to Supervisor Butterfield of Huntington Town stating he is attempting to arrange a meeting with the Lieutenan~ Governor on July 26th at Westhampton Beach. It is Supervisor 5oman's understanding the meeting has been set up and he plans to attend that meeting. 1~. Receipt of resumes from various people in response to the Board's request ~o fill the vacancy on the Planing Board. Resumes have been received from George A. Barzac, Robert A. Celic, Lewis L. Edson, Myron Slater, Jean H. Tiedke, Peter W. Harris, Gerard P.~Goehringer, Jr., a~ George Latham. If anyone has p~eviously submitted a resume for the Planning Board and wishes i~ to be reactivated fdr this vacancy, consideration will be given to %hat individual. 14. Thank you letter from the Cutchogue, New Suffolk ~istorical Council for the Town's annual contribution to them. 15. Item 12 on the agenda, submission of EDA and ~T3D claims for payment was handled in the audit approval earlier. 16. As Supervisor Homan indicated earlier there have been problems in Gull Pond concerning fill and unwanted fill and .an encroachment of commercial vessels in the area and thsi may be contrary to the agreement that was in effect when the park was established. The Board is trying to ascertain whether this is so or not. The Board has asked the Trustees to respectfully hold any further permits until this matter is resolved in one way of another. Along that line a letter has been received from Mr. and Mrs. Francis P. Conant. 17. Notice from the Village of Greenport that the Planning Board of the Incorporated Village of Greenport is lead agency in the matter of the proposed development of the former "Sweet's Ship yard." -- 18. A letter for the .Goldsmith Inlet file from Edward Schwindt, Jr., Director, Peconic Sound ShoreS Association, Inc. relative tO ~' meeting they held July 21st to consider the impact of efforts by the Kenney's Beach Assocation to remove Goldsmith Inlet jetty. 19. Receipt from the New York State DEC a request for informa- tion on mines. It is assumed this means sand mines in the Town and Highway Superintendent Dean will answer their request. On motion of Councilman Drum, seconded by Justice Suter, it was RESOLVED that the Town Board of the Town of Southold sets 3:30 P.M. Tuesday, August 21, 1979, Southold Town Hall, Main Road, Southold, New York as time and place f~r a hearing upon application of Thomas & Jacqueline Ochiogrosso for a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to erect a single family residence on Lot 28, Corey Creek Estates, Corey Creek Lane, Southold, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homart. This resolution was declared duly adopted. Supervisor Homan: 20. Item IV. 2. on the agenda calls for setting a date for a healing re: CATV. CATV has requested a hearing because they wish to amend the franchise to eliminate the requirement of Paragraph 4, subdivision (g) which provides that all subscribers in the Town of Southold will be served from the headend located in the Village of Greenport. A date for the hearing will not be set until this request is clarified. / 21. Supervisor Homan stated that with the Board's consent, and he is now asking for formal consent, agreed to place a young lady in the Town Hall as summer help. This is for several purposes: some of the employees, because of hearings, etc. have built up over- time and are entitled to the time off. This way their offices can be covered by this employee. Also, there was a CETA employee in the Building Department and we hope to get one again but in the mean time they are short of help. On motion of Councilman Pell, seconded by Councilman Drum, it was RESOLVED that Eileen Carey, Greenport, New York be and she hereby is hired as a summer employee at $3.00 per hour effective July 16, 1979. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homano This resolution was declared duly adopted. Supervisor Homan:~ 22. ~he Town has been involved for sometime i~ a tax appeal case and the attorney representing the Town has met with all parties concerned and he has made a recommendation that the Board approve an agreement arrived at between he and the attorney for the pebitioner. On motion of Councilman Drum, seconded by Justice Surer, it was RESOLVED that the Town Board of the Town of Southold approves the settlement of $43,000 assessed valuation for Suburbia Federal Savings & Loan Association. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Surer, Supervisor Homan. This resolution was declared duly adopted. On motion of Councilman Drum, seconded bY Justice Suter, WHEREAS, the Marian Council $3852, Knights of Columbus, Cutcho~ue New York has applied to the Town Clerk for a Bingo License., and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute Qn behalf of the Town Board of the Town of Southold the findings and de-term&nations as requl~ed by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to the Marian Council ~3852, Knights of Columbus, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor ~oman. This resolution was declared duly adopted. On motion of Councilman Pell, seconded by Councilman Drum, WHEREAS, the Burton Potter Post ~ 185, American Legion, Greenport, New York has applied to the Town Clerk for an kmended Bingo License, and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be. and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Soutkold the findings and determinations as required by law, and it is-further RESOLVED that the Town Clerk be and she hsreby is directed to issue an Amended Lcense to the Burton Potter Post ~185, American Legion, New York. Vote of Board: ~yes: Councilman Pell, Councilman Drum, Justice Justice Suter, Supervisor Homan. This resolution was declared duly adopted. 315 Supervisor Eoman: 23. The Town, through the efforts of Elisabeth Taibbi of the Office Fo~ iThe Aging, Senior Citizen Affairs, Suffolk County, has been advised they have $10,000.available to the Town for the purchase of a replacement van for the Nutrition Center. The present van has been more !or Less condemned by the Superintendent of Highways. On motion of Justice Suter, seconded by Councilman Pell, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for a new Transportation Van for the Senior Nutrition Program. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homan. This resolution was declared duly adopted. On motion of Councilman Peli, seconded by Justice Surer, it was RESOLVED that the Eagle Hook & Ladder Company of the Southold Fire Department is hereby granted a special license to hold a carnival on the fire department grounds, Main Road, Southold, New York from August 7, 1979 through August 12, 1979. This special license is granted in accordance with Article XI, Section 100-114, subsection C of the Code of the To%~n of Southold, provided the Southold Fire Department secures the necessary approval from the~Southold Town Board of Appeals. Vote of th~ Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homan. This resolution was declared duly adopted. On motion of Justice Suter, seconded by Councilman Pell, it was RESOLVED that permission is hereby granted to the Eagle ~Iook & Ladder Co~cDany of the Southold Fire Department to use one or all of the following Town roads as staging areas for th.e marching units for a parade to be held on August 8, 1979 or rain date August 9, 1979: Main Bayview Road, Ackerly Pond Road, Lower Road and Jockey Creek Drive. This permission i~ granted provided the necessary insurance is secured to hold the Town of ~outhold h~armless. Vote of the Town Board: ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Surer, Supervisor Homart. This resolu%ion~was declared duly adopted. On motion of Justice Doyen, seconded by Justice Surer, it was RESOLVED that permission ~ hereby granted to the Fishers Island Fire Department to close off a short section of Equestrian Avenue and a short section of Athol Crescent for a departmental function to be held on August 10, 1979 from 5:00 P.M. to 1:00 P.M. August 11, 1979. This persmission is granted provided the necessary insurance is secured to hold the Town of Southold harmless. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homan. This resolution was declared duly adopted. On motion of Justice Doyen, seconded by Justice Suter, it was RESOLVED that the Town Board of the Town of Southold approves the action of the Board of Commissioners of the Fishers Island Ferry District in hiring the following persons to operate the Ferry District movie-theatre: Edwin Horning as Cashier at $100.00 per week; J.B. Hartsfield as Projectionist at $25.00 per show; and Charles Stepanek as Clerk at $50.00 per week. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homan. This resolution was declared duly adopted. Supervisor Homan: 24. Item V-9 on the agenda has to do with the meeting to be held on Thursday, July 26th with the.East End Supervisors. There is $40,000 available to the five East End Towns as a 50% participartion into going into a group recycling study. Southold Town's share of this study would be $7600. These studies are at the direction of the DEC and other agencies. The Board just approved a recent payment of $19,000 to Holzmacher, McLendon and Murrell on Solid Waste Study, and another $2500. for the Liquid Waste Study with Greenport. He inquired of H2M as to whether the $19,000 report could be used toward the new proposed study and was advised if the Town does not enter into this Five Town Agreement then should the DEC or any federal agency mandate recycling the Town would not be eligible for any grant money. Therefore, Supervisor Homan needs a resolution from the Town Board authorizing him to enter into the agreement with the Five East End Towns for this study. Moved by Councilman Drum, seconded by Councilman Pell, WHEREAS, the Town of Southold has completed its Part 360 Report, which details the possible closing of the-Sanitary Landfill ~inwt~e year 1985, and WHEREAS, the New York State Department of Environmental Conserva- tion, in cooperation with the United States Department of Environmental Protection, has advised the Supervisor that certain matched funds are available for the purpose of studying an East End resource recovery plant, and WHEREAS, this Town Board wishes to investigate the possibility of such a study, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and he hereby is authorized to negotiate an agreement with the other four East End Towns for the purpose of studying the possibilities of a joint resource recovery facility for the five East End Towns. The Supervisor may negotiate such terms and conditions as are appropriate for the filing of an application with the New York State Department of Environmental Conservation for matching funds and obligate this Board to the expenditure of Fifty percent (50%) of this Town's share for such study. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homart. his resolution was declared duly adopted. Supervisor Homan: 25. The Town Board has enjoyed the services of Jean Tiedke for some time, and her excellent work in responding to all of the nuclear hearings in reference to not only Shoreham but in particular Jamesport. In this respect she has today handed the Tg~wn Board her Reply Brief on LILCO-Jamesport. This is ~he final brief that will be filed. The brief is, as usuat'~ry~v~ry~g~d, very well put. On motion of Justice Suter, seconded by Justice Doyen, it was RESOLVED that the Town Board of the Town of Southold approves the Reply Brief, prepared by Jean H. Tiedke on behalf of the Town of Southold, to the Briefs on Exceptions to the Presiding Examiner's Decision of May 1978 in the LILCO-Jamesport Nuclear Plant hearings. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homan. This resoluiton was declared duly adopted. Moved by Councilman Pell, seconded by Justice Suter, WHEREAS, a proposed Local Law No. 1 - 1979 was introduced at a meeting of this Board held on the 12th day of June, 1979, and H~EREAS, a public hearing was held thereon by the Board on the 10th day of July 1979, at which time all interested persons were g~ven an opportunity to be heard thereon, NOW~.. THEREFORE BE IT RESOLVED that Local Law No. 1 - 1979 be JUl. ?2 4,:lg!?g 317 enacted as follows: LOCAL LAW NO. 1 - 1979 A Local Law to Amend Chapter 48 of the Code of th'e Town of Southold in Relation to the ' Use of the Town Refuse Disposal Area. 1. Section 48-3 of Chapter 48 of the Code of the Town.of Southold is hereby amended by adding a new subsection thereto, to be subsection C to read as follows: C. No vehicle shall be permitted to transport refuse into any refUse disposal area maintained by the Town of ~outhold, unless such vehicle displays a valid parking permit issued pursuant to the provisions of Section 65-3 of the Code of the Town of Southold. 2. This local law. shall take effect immediately. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homan. This resolution was declared duly adopted. (Supervisor Homan asked Highway Superintendent Dean to inform the people how he expects to implement the new parking permits for the disposal area.--Highway Superintendent Dean stated that they will try educating the people for the first two or three weeks before enforcing the law.---Mr. Charles Hickey asked if this will be the same sticker as is issued for beach parking, and the answer was yes. Next year at will be a use sticker for the Southold Town facilities.) Supervisor Homan: 26. Sometime ago with Justice Suter's efforts through the Judicial Committee he came upon a way to get some money for Southold Town in the way of a grant toward helping offset the new communication system the Town is installing at the Police Headquarters.---Justice Suter stated that several years ago Chief Cataldo submitted a proposal of about $35,000. for a communication system. There is $100,000. ~available for the East End. Applica- tions so far total $160,000 for the money available. The Chief and Justice Surer are optimistic that they have a fighting chance to get the money applied for because Southold not only serves its own communications area, but it also takes care of Greenport and Shelter Island. This money will come from the Law Enforcement Assistance Administration. The application is in and a surveyl was made today at Headquarters. On motion of Justice Suter, seconded by Councilman Drura, it was RESOLVED that the Town of Southold agrees to provide matching funds in the amount of $1750.00 should the project for the telephone system for the Southold Town Police Department be approved by the Suffolk County Criminal Justice Coordinating Council. The total cost of the system is $35,000. and the Town of'Southold agrees to the 5% matching fund amount to be paid from the budget of the Town of Southold. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homan. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Justice Suter, it was RESOLVED that the Supervisor be and he hereby is authorized to enter into an agreement with the Mattituck Fire District to install a base station radio and antenna at the Southold Town Police Head- quarters in conjunction with a new alarm system being installed at their headquarters. Vote of the TOwn Board: Ayes: Councilman Pell, Councilman Drum, Justice Doyen, Justice Surer, Supervisor Homan. This resolution was declared duly adopted. On mo~ion of Councilman Drum, seconded by Supervisor Homan, it was RESOLVED that John J. NiCkles be and he hereby is appointed to fill the unexpired term of James ~oman as Councilman on the Southold Town Board. Said term to expire December 31, 1979. Vote of the Town Board: No~Councilm~n~Rell. Ayes: Councilman Drum, Justice Doyen, Justice Suter, Supervisor Homart. This resolution was declared duly adopted. Councilman Pell stated he was surprised the appointment of John Nickles as Councilman was not on the agenda and was not discussed at the working session in the morning.---Supervisor Homan stated he did discuss it with him unofficiall~ the fact that Justice Suter apparently will have to resign from the Board very very shortly. That being the case he asked that he be appointed to the position of Councilman. He feels that he was elected to serve the Town on the Town Board for four years. However, if he does resign from the Board he does not have the votes t0~put him back on the Board as Councilman. Supervisor Homan stated he cannot function on this Board with four members. ' ~ ~-.~ . With on member on Fishers Island and the other members both have jobs sometimes which take them out of town. He needs Board members,, he must appoint committees. He has things that this Board must do and in that effort he feels the appointment of John Nickles is very much in order. He would much rather have appointed MarLin Suter to the position of Councilman'. but that was not to be. Marie Johnson, Southold, asked when an appointment to the Planning Board will be made?---Supervisor Homan stated the Board is receiving applications as fo the close of this meeting. Should anyone have had an application in previously and wishes it to be reinstated they should call Supervisor Homan or any other Board me~er. The appointment will possibly be made at the next meeting. Councilman Pell stated that there is now a vacancy on the Town Trustees. Is the Board going to call for resumes?--Supervisor Homan stated he does not know if a precedent has ever been set against receiving resumes for an elected office. This will be discussed on a Board level when he meets with the Board fo!lowin~ this meeting to set a date for a special meeting for the appointment of committees for the various projects that are pending in the Town. Mrs. Charles Hickey asked if it is in order for real estate people to send in their resumes for the Planning Board.---Supervisor Homan stated that when the Board asks for resumes anyone in Town may send one in.---Justice Surer stated that there is a full disclosure law and if they are involved in anything before the Planning Board they would have to reveal their involvement, partners, and so forth. It is very carefully spelled out. Mr. Franklin Bear, Southold asked about resumes for the vacancy of Trustee.---Supervisor Homan stated iL will be discussed later by the Board. When you come to an elected office it is the choice of the people. Mr. Agne Panagopoulos, East Marion, spoke about Supervisor Homan's statement, the "choice of the people." He asked if it is the choice of the people or the choice of the ruling party?---Supervisor Homan stated if a particular party would have a majority on the Board, then in essence it would be the choice of the ruling party. Mr. Halsey Staples, Greenport, asked if the East End Supervisors are concerned with the increased amount of building the County is doing in the western part of the county.---Supervisor Homan stated there are two groups, the Suffolk County Supervisor's Group and East End Supervisor's group. However, when the supervisors.from the other end of the County get together the superVisors on the east end don't count for too much, therefore they formed a subrgroup of their own and for all but practical purpgses have all but left the group to the west. They talk in numbers, they have things that really don't concern the east end and by the same token the problems we have on the east end really aren't their problems. While the five east end towns, Riverhead, Southold, Shelter Island, East Hampton and Southampton are all different in each respect still a lot of their problems are very common to all of them. The East End Supervisors feel they have more clout as a smaller group. So far the East End Supervisor's group h~ue been quite successful in getting attention from the various agencies.--Mr. Staples stated it appears to him they are trying to extract as much out of the east end as possible before the east end leaves them for Peconic County, that is what he is concerned about. The increased buildings in Hauppauge we will be paying for. Supervisor Homan stated that Item 3 under public notices on the agenda states there will be a meeting on August 23rd from 2:00 to 4:00 P.M. at the request of Assemblyman John Behan, and it will be:~on the matter of Peconic County. Mr. Staples asked if ~/~ere are any. specifics on'the abuse of scuba diving?---Supervisor Homan said that there are not necessarily abuses, there have been-complaints from the Baymen that scuba divers have been picking up shellfish in excess of their allowable limits. There have been several instances where a boat has come along when someone has been in the water scuba diving and the diver was not marked by a flag. The scuba divers have not been upholding their end by properly marking the fact there is a diver in the area. Mr. Staples asked if the State has replied yet on the agreement at Gull Pond?---Supervisor Homan stated the document that was entered into between the State, County, and Town cannot be located by the Town Clerk. She has written to the various agencies for a copy of the regulations. If and when we receive the regulations and find there were stipulations made and that posslbly~nings' "' are being done now that are not in accordance with the agreement that that will have to be considered at that time. On Motion of Justice Suter, seconded by Justice Doyen, it was RESOLVED that a recess be called at 5:00 P.M. to reconvene at 3:30 P.M., August 23, 1979. Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, JusticS'Dgyen, Justice Surer, Supervisor Homart. This resolution was declared duly adopted. The regular meeting of the Southold Town Board of July 24, 1979 reconvened at 3:30 P.M., JUly 25, 1979 at the Southold Town Hall Main Road, Southold, New YOrk. Supervisor Homan opened the meeting at 3:30 P.M. with the following present: Supervisor James Homan Councilman Henry W. Drum Councilman William R. Pell III Councilman John J. Nickles Town ~lerk Judith T. Terry Absent: Justice Francis T. Doyen SupervIsor Homan made the following committee appointraents: Parks & Beaches - Councilman Pell, Councilman Nickles Inladn Waterways - Councilman Nickles, Councilman Pell Police - Supervisor Homan, Councilman D~nm~ Councilman Nickles Taxation & Finance - Supervisor Homan, Councilman Pell, councilman Drum Highways- Supervisor Homan, Councilman Nickles, Councilman Drum Disposal Area- Councilman Pell, Councilman Drum, Councilman Nickles Street Li-'ghting- Supervisor Homan Commerce & Industry - Councilman Drum, Councilman Pel! 100% Assessment - Councilman Pell, Councilman Drum. Computerization - Supervisor Homan, Councilman Nickles Grants - Councilman Drum, Councilman Pell The first name~mentioned for each committee denotes the Chairman. On motion of Councilman Pell, seconded by Councilman Drum, it was RESOLVED that the following individuals be and hereby are appointed to the Licensing Review Board subject to their acceptance of the job: Robert L. Hyatt, Southold, William Smith, Southold, Eugene Mazzaf~rr~, Greenport, Norman Reilly, Mattituck, 8eo~ge Fisher, Chairman. Vote of the Town Board: Ayes: Councilman Nicktes, Councilman Pell, Councilman Drum, Justice Surer, Supervisor Homan, Absnet: Justice Doyen. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Pell, it was RESOLVED that the following individuals be and hereby are appointed to the Board of Ethics, subject to their acceptance: Judith T. Terry, Rudolph H. Bruer, Edward John Boyd V Vote of the Town Board: Ayes: Councilman Nickles, Councilman Pell, Councilman Drum, Justice Suter, Supervisor Homart. Absent: Justice Doyen. This resolution was declared duly adopted. Supervisor James Homan appointed Martin Suter Deputy Supervisor of the Town of Southold pursuant to the provisions of Section 42 of the Town Law. Justice Martin Suter stated that as of this date he submitted his resignation to the Village of Greenport as Acting Village Justice and as of Friday, July 27, 1979 he will submit his resignation to the Southold Town Clerk as Town Justice for the Town of Southold~ as of 3:00 P.M. He selects 3:00 P.M. because he has cases on with the District Attorney's Office to dispose of before that time. Mrs. Marie Johnson asked why Supervisor Homan is appointing Justice Suter Deputy Supervisor for only three days.---Supervisor Homan stated that Deputy Supervisor is his appointment and he does not have to be a member of the Town Board but he did go to a member of the Board because a precedent has been se~. He needs Justice Suter's experience to hetp%him for the next few months. Mr. Nickles is quite~inexperienced and Councilman Pell and Councilman Drum can tell anyone about how much help Councilman Nickles will be to him. As Deputy Martin Suter ~ does no~ have a vote on the Board but he will be available to fill any appointments that he might net be able to keep. The pay for Deputy Supervisor is $1500. per year, and it Will be pro-rated. Justice Suter thanked all of the Board members and personnel for bearing with him and assisting him in doing his .~ob for twelve years for the Town of Southold and he appreciates the cooperation he has had from both the old and new members. Everyone has had one goal, the interest of the Town of Southold and it is very nice to work under those conditions, and he appreciates-~ the opportunity he has had to serve. Supervisor Homan stated that the Justice Courts in the Town of Southold have benefited by his being on the bench, and he thinks the people of the Town of Southold and most of the Board members hate to see him get,off the Board but they recognize that everyone has ambitions and do recognize that he has done a very good job as a Board member and Town Justice. On motion of Justice Surer, seconded by Councilman Drum, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 3:40 P.M. Vote of the Town Board: _Ayes: Councilman Nickles, Councilman Pell, Councilman Drum, Justice Suter, Supervisor Homan. Absent: Justice Doyen. ~ This resolution was declared duly adopted~. Judith T. Ter~ Town Clerk