HomeMy WebLinkAboutTB-10/09/1979SOUTHOLD TOWN BOARD
October 9, 1979
A regular meeting of the Southold Town Board was held on Tuesday,
October 9, 1979 at the Southold Town Hall, Main Road, Southold,
New York. Supervisor Homan opened the meeting at 7:30 P.M. with
the following present:
Supervisor James HOman
Councilman Henry W. Drum
Cohncilman William R. Pell III
Councilman John J. Nickles
Justice Frederick J. Tedeschi
Judith T. Terry, Town Clerk
Robert W. Tasker, Town Attorney
Absent: Justice Francis T. Doyen
On motion of Councilman Pell, seconded by Councilman Drum, it was
RESOLVED that the Southold Town Board minutes of September 25, 1979
and O~tober 5, 1979 be and hereby are approved.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the next regular meeting of the Southold ToWn Board
will be held at 3:00 P.M., Tuesday, October 23r 1979 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the following audited bills be and hereby are approved
for payment: General Fund Whole Town bills in the amount of
$26,202.22; General Fund Part Town bills in the amount of $11,391~65;
Highway Department bills in the amount of $29,711.86; Fishers Island
Ferry District bills in the amount of $33,544.43; and Revenue Sharing
Fund bills in the amount of $1,017.70.
Vote of the Town Beard: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Dgyen.
This resolLtion was declared duly adopted.
The following rEportS for' the month of September 1979 have been
received and placed on f&te: Town Clerk, Justice Tedeschi, Building
Department, Fishers Island Feery District, ~ighway Department~ Bay
Constable, Supervisor, Dog Warden, and Poi~ce Department.
Councilman Pell reported that he met with C.L.T., Councilman Drum
and Supervisor Homan on the matter of 100% AsseSsment. They went
over C.L.T.'s proposal to the Town to make sure they full under~
stood what it would cost and how long it w~uld take and how many
CETA wor~ers they would require. The Town has a ~equest in for
~CETA workers but we will have to wait for a rePly on how long the
CETA workers would be available. The Town also must consider the
budget which is being w~rked on now to see how the program will be
funded. The basic total looks like it will be just short of
$400,000.00 The Town does get r~imbu~sed from the State approx-
imately $10.00 per parcel but the reimbursement .is stow in coming
in. Before the Town can sign a contract with C.LYT~ the 'Board must
be ready to bond the Town and know where the money iS coming from
so the Board is waiting to see the outcome of the budget and how long
CETA workers will be available for the project.
Supervisor ~oman reported that the 1980 budget has been filed with
th~ TOWnl C1eXk and the Town Clerk filed the tentative 1980.budget
with the Town Board. The Supeuvisor~'sbudget message h~s-Seen pre. a.ented
to the Town Board and is available to the public, and the budget
itself will be available to the public after October 23rd when it
is adopted as the Preliminary 1980 budget.
Supervisor ~oman reported that at the last Town Board meeting he
mentioned there would be a meeting on October llth with various
federal, state~ county officials regarding the Mattituck Inlet
problem. Hie has received a call f'r~om Kerry Muse, Executive Director
of Middle Atlantiv Fisheries Development Foundation, Inc. stating
the EDA people will not be abte?~t0'.~.make the meeting, therefore the
date has been tentatively changed to Noveraber 8th.
PUBLIC NOTIiCES
1~ Notice from the N~¥~S. Dep~rtment of Environmental Conserva-
tion of Notice of Intention to Prepare an E~S by Julius Zeb~oski,
Bayview Road, Southold who proposes to drag-line dredge a 50 ft. by
50 ft. area to a depth of 5ft. below mean low water and place the
spoil on the adjacent upland at north side Waterview Drive, Southold.
2. Notice of Complete Application from the DEC upon applica-
tion of Estate of George Wells by Burt G. Lewis, Jr. who wishes to
create a four lot subdivision on 8.1 acre parcel and construct a one
family dwelling on each on the east side of W~lls Lane, Peconic.
3. Letter from the R.S.V.P. statln~ that is is very difficult
to interest people in volunteering their services to drive the blue
bus. The Senior Clubs all seem to agree and admit this is a needed
service but support is minimal. There are many days during the month
when R.S.V.P. does not have a driver available to the people who
qualify for service and request it. The drivers are only asked to
serve on day a month. At present they have about 11 drivers.----
Supervisor Homan asked that if anyone is interested in helping out
the R.S.V.P. in this area to please contact them.
COI~¢UNICATIONS
1. Receipt of a letter from Holzmacher, McLendon and Murrell,
P.C. to Highway Superintendent Dean relative to equipment for the
landfill area. The letter describss the percentage of the proposed
expense of approximately $117,000.00 that might be expected from
the state. At the present time the Town does not have the necessary
papers from the State to go much further on the project.
2. Notice from the N.Y.S. Dept. of Civil Service approving
the retention in the service of Robert W. Gillispie as Chairman of the
Board of Appeals through~June 30, 1980. Unfortunately, due to
illness of his wife Mr. ~illispie will be unable to continue on the
Board of Appeals.---Supervisor Homan served notice to the public
that there is a vacancy on the Board of Appeals and the Board will
be accepting resumes and will reactivate resumes that are on file
for a position on the Board of Appeals.
3. Letter from the Suffolk County Dept. of Labor stating
Gerald King, employee at the Nutrition Centerm gas been submitted
for waiver and granted.
4. Notice from the Suffolk County Dept. of Social Services
transmitting a copy of tl
Program Plan - Title XX
Budget, and is on file i:
5. Letter from the
expressing their concern
Greenport on September 2
allocat~on and the Chamb,
for any gasoline that wa
the other stations in th.
day after the fire he ca
~e Comprehensive Annual Social Services
~nd a copy of the Tentative 1980 County
~ the Supervisor's Office~
Greenport-Southold Chamber of~.Commerce
about a situation that might'exist on Route 25,
~th. The Greenport area~might:'l~se, this ·
~r asks that Supervisor Homan make arrangements
allocated to that dealer to be given to
area.---Supervisor Homan stated that the
led the Suffolk County Energy Office and
informed them of the fact that in addition to the Shell Station
closing last year that as of the previous evening Greenport lost
the Sunoco Station. He ~ante~ to be on record that the Town is
seeking the allocation for the Sunoco Station to be divided among
the remaining stations i~ the area and he did follow up with a letter
to the New York Energy Office.
6. Letter from the Automobile Club of New York, Inc. stating
the Town of Southold has been awarded..the a,nnual pedestrian safety
award and are forwarding a plaque.
7. Letter from William A. Pfeffer, Southold in relation to
the proposed fire code that is being considered in Southold Town.
8. Supervisor Homa~ has received the new issue and new copy
of the New York State Fi~e Code. Copies have been sent to the fire
364
departments and libraries and Town Board members. Additional copies
wil~cbe made for such organizations as the Taxpayers Association,
Legaue of Women ~oters, Chamber of Commerce and anyone else he
feels would make good use of the code. If a code is to be enacted
in the Town of Southold he certainly~wishes the people to be
knowledgable of it.
9. Letter from Gordon K. Ahlers of Sacco & Ahlers relative
to the Senior Citizen/Youth Center front door. There is also
correspondenge between Mr. Ahlers and the general contractor. Both
the architec~ and Supervisor Homan are a little disturbed with the
lack of progress on the building and they have gone on record with
the genera~ contractor.
10. ~etter from Thomas D. Bedell supporting the Board in its
stand on ~he construction of a bridge at East Marion.
11. Letter from St. Agnes R.C. Church stating they will be
increasing the rent on the hall used by the Nutrition Program due
to the rising cost in fuel oil. The Town pays the rent and are in
turn subsidized by the County. A copy of the letter will be sent
to the County so all parties concerned may meet to discuss this
matter.
12. The day after the last Board meeting Supervisor Homan
received information from the U.S. Coast Guard that he had previously
r~equested. Basically it was the same information that was presented
at the Board meeting by the Coast Guard and it will be placed on file
with the Town Clerk. Supervisor Homan had requested the info~ma'tion
immediately after the problems in Mattituck and unfortunately it did
not come prior to the last meeting.
13. Letters from Assemblyman John L. Behanv~and Senator Kenneth
P. LaValle copies of letters that have been received by them from
the State Police relative to Supervisor Homan's request for either an
extended tour of duty on Fishers Island or a possible year round
trooper on Fishers Island. The New York State Police do not think
there is enough activity on the Island in the months from November
to April to warrant the availability of a full-time person there.
14. Letter from the New York State Planning and Development
Corporation acknowledging receipt of the Letter of Intent submitted
by the Town of Southold under the Small Cities Program. The Town
should know within 30 days whether they are going to entertain further
information on the application.
15. Highway Superintendent Dean has received word f~om the
Suffolk County Department of Health Services that they are going
to place approximately 20 wells around the disposal area and it is
hopeful that if the County does enter into this project it might
alleviate some of the expense the Town will have in conducting fUrther
studies in the. future as far as the disposal area is concerned.
RESOLUTIONS:
Moved by Councilman Nickles, seconded by Councilman Pell,
WHEREAS, the Open Meeting~Law, constituting Article 7 of the Public
Officers Law was amended by Chapter 704 of the Laws of 1979, and
WHEREAS, Subdivision 1 of Section 00 of said !aw provides that public
notice of time and place of a meeting of a public body scheduled
at least one week prior thereto shall be given to the news media and
shall be conspicuously posted in one or more designated public loca-
tions at least seventy-two hours before each meeting, and
W~EREAS, Subdivision 2 of Section 99 of said law provides that public
notice of the time and place of ~very other meeting of a public body
shall be given, to the extent practicable, to the news media and
shall be conspicuously posted in one or more designated public loca-
tions at a reasonable time. prior thereto, and
QHEREAS, this Board desires to designate the public location for the
posting of such notices by the public bodies of the Town of Southold,
and to designate the news media to which such notices shall be given.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. The Town Board does hereby designate the Town Clerk's
signboard, maintained pursuant to Subdivision 6 of Section 30 of
the Town Law, as the place of posting of public notices of the time
and place of all meetings of public bodies of the Town of Southold.
2. Public notices of the time and place of all meetings of
public bodies of the Town of Southold shall also be given to the
following news media, to wit: The Suffolk Times, Greenport, N.Y.;
The Long Island Traveler~Watchman, Southold, N.Y., and
IT IS FURTHER RESOLVED , that the Town Clerk be and she hereby is
directed to transmit a certified copy of this resolution to each
public body of the Town of Southold.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickt~s,
Councilman Pell, Councilamn Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
(A resolution was prepared for this meeting on t~e ~p~licati~n of
Cablevislion Corp to amend their franchise, however, additional
information is being requested of Cablevision.)
(Bids were opened for the removal of excess material at the Boisseau
Avenue sump area, however, it is being held for the present time.
When the Town went to bid they thought people would pay to do the
job due to the value of the material, but when the bids were opened
it was found they wanted to be paid.)
On motion of Councilman Drum, seconded by Justice Tedeschi, it was
RESOLVED that the Mattituck-Cutchogue School District be and hereby
are granted permission to use Pike Street to Love Lane, North to
S~und Avenue and along Pike Street to the. high school at 7:00 P.~,
06~ber 12~ 1979 for the purpose of holding a pep rally, provided
the necessary insurance is secured to hold the Town of Southold
Harmless.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Nickles, seconded by Councilman Drum, 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 transferring the sum of $1,111.89 to Insruance from the
following: $287.20; Repairs-Ferry~ , $690.41 - property
Tax - New London, $95.97 Attorney Fees, $38.31 New York State
Retirement.
Vote of the Town Board: Ayes: Justice Tedsechi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Nickles, seconded by Justice Tedeschi, it was
RESOLVED that the Town Board of the Town of Southold appoints Muriel
Tolman as a temporary representative of the Town of Southold on the
CAST, Inc. Board of Directors.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pei1, Councilman Drum, Supervisor Homart. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold authorizes pay~
ment to Holzmacher, McLendon & Murrell, P.C. in the amount of
$16,703.58 for the Town of Southold's share of the 201 Wastewater
Facility Study in accordance with the Town Board Resolution dated
June 21, 1977, and Engineering Services Contract dated November 14
1977.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman R~ll, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resol~ion was declared duly adopted.
On motion of Councilman Drum, seconded by Justice Tedeschi, it was
RESOLVED that the Town Board of the Town of South~ld accepts and
approves the Performance Bond in the amount of $125,000..oo for roads
and improvements in the subdivision known as "Richmond 'Shores at
Peconic:.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly ad~pted.
On motion of Justice Tedeschi, seconded by Councilman Drum, it was
RESOLVED that the Town Clerk of the Town of Southold be and she
hereby is authorized and directed to advertise for bids for the
supplying of one Sand Spreader for the Highway Department.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homart. Absent: Justice
Doyen.
This resolution was dec lared duly ad~pted.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the following transfer of funds be and hereby is
approved: Transfer from General Fund Whole Town Contingent A1990.4 -
$2,459.01 to the following: A3310.4 Traffic Control - $1068.07;
36,6
A809~.4 Environmental Control - $205.78, A8t60.4 - Disposal Area -
$1185.16
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles
Councilman Pell, Councilman Drum, Supervisor Homart. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Supervisor Homan, seconded by Councilman Nickles,
WHEREAS, rising home fuel oil costs have created a severe problem
for homeowners in the Town of Sout~61d,and
WHEREAS, the State of New York and the County of Suffolk impose an
additional burden of 6% (3% State, 3% County) by their sales ~a~, 'and
WHEREAS, the Town Board of the Town of Southold wishes to go on r~c0rd
that the sales tax on home fuel oil is an unfair burden on a necessity
of life in our area, and
WHEREAS, removal of the sales tax on home fuel oil would assist our
residents in bsing able to pay part of the tremendous increase in the
price of their home fuel bills,
NOW, THEREFOER, BE IT RESOLVED, that the Town Board of the Town of
Southold petition our Suffolk County Legislature and our New York
State Legistlature to abolish the sales tax on home fuel oil as,:~soon
as possible. -
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman ~Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
(Councilman Pell stated that a resolution on this was introduced
last year in Albany and is passed the Assembly but is hung up in
State Senate. He is glad to see the Town of Southold getting
on the band wagon with the other people.)
On motion of Councilman Nickles, seconded by Councilman Pell, 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 awarding the bid for paving 6{ parking facilities at
Elizabeth Airport to Machnik Construction Co., Inc., Old Lyme.~
Connecticut in the amount of $15,385.00
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, ~oun~ilman Drum, 3S~pervisor Homan. Absent: Justice~
Doyen.
This resolution was declared duly adopted.
Councilman Pell asked how long of an extension has ~erald King
been granted?---Supervisor Homan stated they do now know because
there has been no written information on the length of time of
any of the CETA extensions.
Councilman Pell asked what are his plans for the fire code after
all the books have been distributed. What does he forsee in the
future?---Supsrvisor Homan stated that he first wanted to make sure
everyone concerned has a chance to review the code and after that
time it would be proper to have an informatiOn~.meeting on the fire
code with perhaps some of the fire departments, etc., and perhaps
t~en~.~an information meeting with the public at large so they may be
informed of the contents of the fire code. After the inofrmation
meetings have been concluded it will be the Board's decision in which
direction to go with the fire codes. Perhaps after the meetings the Board
may decide the New York State Fire Code is either too lenient or to
restrictive and perhaps the Town should write its own code, or
perhaps not even have a fire code.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 5:05 P.M.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homart. Absent: J~stice
Doyen.
This resolution was declared duly adopted.
Judith T. Terry Town Clerk