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SOUTHOLD TOWN BOARD
November 7, 1979
A regular meeting of the Southold Town Board was held on November
7, 1979 at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Homan opened the meeting at 3:00 P.M. with the following
present:
SuperviSor::James Homart
Councilman Henry W. Drum
Councilman Willian R. Pell III
Councilman John J. Nickles
Justice Frederick J. Tedeschi
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Absent: Justice Francis T.. Doyen
Supervisor Homan announced that it has been the practice of the
Board for some time to have the first meeting of the month in the
evening. However, the budget hearing is being held today so the
regular Town Board meeting will be opened at this time, business
will be transacted, a recess will be taken until the completion
of the budget hearing this evening.
On motion of Councilman Drum, seconded by Councilman Ni~kles, it was
RESOLVED that the minutes of the regular meeting of the Southold
Town Board held on October 23, 1979 be and hereby are approved as
submitted.
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 Pell, seconded by Councilman Nickles, it was
RESOLVED that the following reports for the month of October 1979
be and hereby are accepted and ordered placed on file: Supervisor
Town Clerk, Highway Department, Fishers Island Ferry District, Bay
Constable, Trustees, Building Department and Justice Tedeschi.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilanun Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Justice Tedeschi, it was
RESOLVED that the next regular~meeting of the Southold Town Board
will be held at 3:00 P.M., Tu~sda~ November 20, 1979 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Co~hCi~lman"Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
PUBLIC NOTICES
1. Notice from the Department of the Army, Corps of Engineers
upon application of Mrs. Katherine Ruebsamen, for extension of a
timber groin at Cedar Beach, Southold. Response date -1/28/79.
1. Notice from the Department of the Army, Corps of Engineers
upon application of Matt-A-Mar Marina, Inc. for maintenance dredging
at Mattituck Creek. Response date 11/18/79.
3. Receipt of Draft Environmental Impact Statement from the
Village of Greenport upon application of Vector Yardfarm Corp. for
Rackett's Cove Condominium Inc.
4.- Public Notice from the N.Y.S. Public Service Commission
relative to the rates and charges of Long Island Lighting Company
for electric service. Hearing to be held November 15, 1979 at 1:00
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P.M. ~t Nassau County Executive Building, Mineola.
5. Not~ce of i~ntention to prepare an EIS determination of
significance from the N.Y.S.D.'E.C. upon application of Joseph M.
Gold for permission to place 900 cu. yds. of fill to be trucked
in upon his parcel and grade at east side of Fisherman's Beach
Road, lot 24, Nassau Point, Cutchogue.
On motiQn~of Councilman Drum, seconded by Justice Tedeschi, .it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3:00 P.M., Tuesday, November 20, 1979 at the Southold
Town Hall, Main Road, Southold, NewYork.
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.
COMMUNICATIONS
1. Receipt from the General Services. Administration a list of
several pieces of property on Fishers Island that the government
feels it no longer needs. Supervisor Roman has contacted the Ferry
District since one of the pieces of property does join the Ferry
District property, the Coast Guard Station. The other piece of
property is a housing unit area.
2. Receipt of the findings and recommendations regarding the
temperature controls system in the Town Hall from Rok Temp Maintenance
Corp. they made a survey of the heating system both in the main
building and the new addition. They also made quite a number of
small corrections in the system while they were here. Their recommenda-
tions are being implemented as rapidly as possible because each and
every one of them represents a savings in fuel and therefore a savings
in dollars for the Town.
3. Correspondence between the New York State Department of
Environmental Conservation and Riverhead Supervisor Allen Smith
has been received. This correspondence concerns the solid waste
management policy which has been established as of June 1, 1979
by the NYS-DEC. Supervisor Smith takes issue with the DEC on some
of their specific demands, especially in the area of double lining.
4. Receipt of a copy of a letter sent to the H2M Corp. from
Martin Garrell, Director of the North Fork Environmental Council,
Inc. concerning input into the solid waste management plan and
report. ~Supervisor Homan has not talked to H2M recently, he does
intend calling them towards the end of the week to try to get an
update report on how they are progressing with their study. When
he has that ~he will so inform the Board and if the Board wishes
to have them come out it will be arranged.
5. Receipt of resumes £rom Albert J. Lan~, a former Bay
Constable for the Town under the CETA program. There is reason
to believe there will an opening for Bay Constable shortly
and when that happens Mr. Lanq will be given every consideration.
Resume also received from Charles Abrahams, Professional
Engineer requesting that he be considered for engineering work
within the Town. This will be placed on file should the Town
find need of his services.
Resume received from Vincent W. Annabel for consideration
on the Board of Appeals. The Board will fill that position in
the very near future.
7. Item 7 on the agenda is in relation to a contractual
matter with the PBA which Us not settled at this point in time.
8. Received from H2M correspondence relative~o the Greenport/
Southotd Scavenger Waste Study; basicall~an~uPdat~ of the progress
of the study.
9. Letter from the Mattituck-Cutchogue School District request-
lng more Town funds for the youth recreation program, especially for
that part of the program concerning schools, the letter is~being
studied and possibly Superintendent of Schools Burns will be invited
to meet with the Board to discuss the matter at length.
10. Letter from the Department of Agriculture and Markets a
request that the Town ~ncrease their fees for dog enumerators. It
is too late to do this and the response in the past for the position
of dog enumerators has been poor. Next year under permanetn registra-
tion enumeration is not mandated.
12. Letter from the New York State Assembly a package of
proposals for real property tax assessment changes. Until the
session is ended this matter will be held in abeyance.
13. Letter from the Long Island Cablevision Corp. in response
to Supervisor Homan's request for a clarification of their amendment
request~
14. Correspondence from the SUffolk County Legislature, Denis
R. Hurley, Legislator copies of materials concerning the Agr.~ultural
D~strict in t~e Town of Southold. Apparently they'are ~ little bit
confused with the Department of Environmental Conservation and some
of their regulations regarding the Town's Agricultural Distirct.
Aupervisor Homan is in contact with Mr. Hurley to see exactly what
this means and where the Town stands.
15. Letter from C. Terry Latham requesting that the Board look
further into their bid for the excavation and removal of material from
the proposed recharge basin on Boisseau Avenue, Southold. He does
not feel at this time he wishes to be the successful bideer.---The
matter has been referred to the Town Attorney.
1~. Report from Muriel Tolman relative to her first meeting as
Southold Town Board representative at CAST Inc. Board of Director's
meeting.---This is the first, communication the Town Board has had
with CAST, as far as reporting their activities, in some time.
1~. Letter from the New York State Planning and Development
Clearinghouse stating the Town's Small cities Grant application has
been sent to ~all agencies and none wish to review the full application.
The letter should serve as evidence that the appropriate HUD Area
Office will be considering .the application.
18. Letter from Assemblyman John L% Behan informing the Board
that the State Assembly did partially act on their request to allow
the county to repeal their sales tax on home heating fuels. Unfortunately
this was defeated in the 'Assembtt2 However, legistlation was passed
repealing the sales tax on October 1, 1980.
RESOLUTIONS
Moved by Councilman Nickles, seconded by Justice tedeschi,
WHEREAS~the Griswold-Terry-~lover. Post ~803, American Legion,
Southold, 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 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 the Griswold-Terry-Glover Post #803, American
'Legion, Southold, New York.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homart. Absent:
Doyen.
This resolution was declared duly adopted.
Justice
Moved by Councilman Nickles, seconded by Councilman Drum,
WHEREAS, the Griswold-Terry-Gtover Post ~803, American Legion
Auxiliary, Southold, 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 Supervi§or 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 the Griswold-Terry-Glover Post #803 Auxiliary,
Southold, New York.
Vote Of the Town Board: Ayes: Justice Tedeschi, Councilman NicklSs,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent; Jus!tice
Doyen.
~is resolution was declared duly adopted.
On motion of Councilman Pelt, seconded by Justice Tedeschi, it was
RESOLVED that permission be and hereby is granted to the Southold
Fire~;~Department to use the following town roads for staging areas
for the marching units of a parade to be held Saturday, July 5, 1980
at 6:00 o'clock P.M. provided thetnecessary insurance xs obtained
to hold the Town of Southold harmless: Main Bayview Road, Ackerty
Pond Road, Lower Road, Jockey Creek Drive.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervxsor Homan. Absent:
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the Southold Senior Citizens Club be and hereby ar~
authorized to engage one bus at a cost of $200.00 for a trip to
Westbury Music Fair on NOvember 4, 1979, and engage two buses at
a cost of $500.00 for a trip to New York City on November 8. 1979.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman~Drum, Supervls:or Homart. Absent: ~ustice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Councilman Drum, it was
RESOLVE~ that the Town Board Of the Town of Southotd~approves the
Fishers ~Island Ferry District fund transfer of $5,000.00 from
~Repai~s Ferry to Insurance.
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 Justice Tedeschi,it was
RESOLVED that the Town Board of the Town of Southold approves the
Fishers Island Ferry District fund transfer of $2875.71 from Theatre
to Salary (Payroll).
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Roman. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Nickles, seconded.by Justice Tedeschi, it was
RESOLVED that the Town of Southold engage the services of Darline
Salmon as a part-time Dog Warden for the Town of $outhold at a salary
of $4.75 per hour.
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 lowest responsible bidder, Trius, Inc. be and
hereby is awarded the bid for the sand spreader for the Highway
Department at a bid price of $5963.00
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nicklesr
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Councilman Nick.les, it was
RESOLVED that the Town of Southold donate .$500..00 to the Incorporated
Long Island Chapter, New York State Archaeological Association, 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.
Moved by Councilman Drum, seconded by Councilman Pell,
WHEREAS, Long Island Cablevision Corporation (L!CC) has made application
to this Board to amend Paragraph 4 ~g) of its Franchise Agreement dated
March 31, 1975, which amendment, if authorized, would permit LICC to
re-engineer its cable system in the Town so that subscribers located West
of the Easterly boundary line of the Mattituck Fire District would be
served from the LICC tower located at County Route 58 in Riverhead and all
subscribers located East of said boundary line would continue to be served
from the LICC tower located in the Village of Greenport, and
WHEREAS, a public hearing with respect to said application was held by
this Board on September 11, 1979 at which time ali interested persons
were given an opportunity to be heard, and
WHEREAS, the principal reason given by LICC for such amendment was to
improve the quality ~of television reception to its present and future
subscribers in the Mattituck area while at the same time not cause any
degradation of television reception to its present and future subscribers
in othe~ areas Of the Town,
NOW, THEREFOER, BE IT RESOLVED:
1. That Paragraph 4 (g) of the Franchise Agreement dated March
31, 1975 is hereby amended to read as follows:
4(g) LICC shall re-engineer its cable system in the Town so that all
subscribers located West of the Easterly boundary line of the Mattituck
Fire District shall be served from the Riverhead End, and all sub-
392
scribers located East of said boundary line shall continue-to be
served from the Head End located in the Village of Greenport.
2. That the aforesaid amendment is subject, however, ~to the
following conditions, to wit:
(a) That said amendment is being authorized by this Board based
upon the assurances ~made to it by.LICC that television reception in
the areas to be served from the Riverhead tower will be improved,
and that television reception in all other areas of the Town will
not be degraded.
(b) That to assure this Board that such re-engineered cable
SYstem will not result in inferior television reception to present
and future LICC subscribers in the Town and as a means by which
this Board may monitor the same, commencing in November, 1979,
and continuing monthly thereafter LICC shall maintain accurate
written records of all subscriber somplaints, to i~lude the names
of subscribers; their address; date of complaint; nature of-complaint;
date a~d time of LICC response thereot; cause of trouble fOUnd by
LICC; and date of time that proper talevision service was restored.
Copies of such monthly records shall be filed by LICC with the Town
Clerk on or before the 10th day of the succeeding month.
(c) In the e~ent that the Town Board, in the exercise of its
sole judgement, determines that the re-engineered cable television
~ystem as herein authorized, results in the degradation of television
reception to LICC subscribers, it may require LICC to take such measures
as will correct such condition.
(d) That the amendment of said Franchise Agreement~'shall not
become effective until approved by the New York State. Commission on
Cable Television.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nick~es,
Councilman Pell, Councilman Drum, Supervisor ~oman. 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 set 4:00 o'clock
P.M., Tuesday, November 30, 1979~. Southold Town Hall, Main Road,
Southold, NewYork as time and place ~or hearing upon application of
Goose Bay Civic Association, Inc. for a permit under the provisions
of the Wetland Ordinance of the Town of Southold.
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'Supervisor Homan, it was
RESOLVED that the sum of $4432.58 be and hereby is transferred from
G~neral Fund Whole Town contingent account At990.4~to..the following:
At010.4 - Councilmen - $178.40; A3310.4'Traffic - $703.88; A6772.4 -
Program for the Aging - $44.94; A8090.4 Environmental - $140.00;
A8160.4 - Disposal Area - $2,438.36; A9050.8-Unemployment- $927.00.
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.
Pn motion of Councilman Pell, seconded by Justice Tedeschi, it was
RESOLVED that the sum of $7255.18 be and hereby is transferred from
B1990.4 General Fund Part TownContingent Account to B3120.4 Police
Contractual.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilm~n PelI, Councilman Drum, Supervisor Homan. Absent: JuStice
Doyen.
This resolution was declared duly adopted.
On motiQn of Councilman Nickles, seconed by Justice Tedeschi, it was
RESOLVED ~hat the following audited bills be and hereby are ordered
paid: General Fund~hole Town bills in the amount'of $20~164.90;
General Fund Part Town bills in the amount of $9,689.05~Highway
Department bills in the amount of $57,994.80; and Fishers Island'
Ferry District bills in the amount of $46,202.15.
Vote of the Town Board: Ayes: J~stice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervsior Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
onL:mo~Aon.~f~Council~an~Nickl~s.'seconded by Councilman Pell,
WHEREAS, the Town of Southold is about to purchase sanitary
landfill equipment to be ut&tized at its landfill site at Cutchogue,
New York, to wit: a diesel powered fron-end loader equipped with a four yard
bucket hereinafter referred to as the "project", and
WHEREAS, the Town has made application to the New York State
Department of Environmental Conservation for State assistance toward the
cost of said project, and
WHEREAS, the Commissioner of the Department of Environmental
Sonservation has approved the eligibility'and estimated reasonable
cost of.such project and the amount of State assistance"'therefor, to
wit: a sum not to exceed $29,250.00 but in no event to exceed 25% of the
project cost, and
WHEREAS, the Town of Southodl is required to enter into contract
with the Commissioner of the Department of Environmen-tal Conservation
with respect to said project and to designate a ~iscal officer to receive
and distribute State funds,
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS::
1. That the Supervsior of the Town of South~ld be and he hereby is
authorized and directed to execute formal contract with the Commissioner
of the Department of Environmental Conservation with respect to said
project.
2. That the Supervlsor of the Town of Southold is hereby designated
as the fiscal officer to receive and distribute funds received with
respect to said pro3ect.
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
RESOLVEDi~that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for the purchase of a diesel powered
front-end loader equipped with a four yard~bucket to be utilized at
the Town landfill site at Cutchogue, 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 Nickles, seconded by Justice Tedeschi, it was
RESOLVED that the Superintendent of Highways be and he hereby is
authorized to enter into a lease agreement for sanitary landfill
equipment to be utilized at the Town landfill site at Cutchogue, 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 Nickesl, seconded by. Councilman Drum, it was
RESOLVED that the Town Board of The Town of Southold amend the 1979
Budget to include a new line item designated as A8745.0 - Flood and
Erosion Control.
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 Jus~tice Tedes:chi, it was
RESOLVED that the sum of $4,000.00 be and he'reby is transferred from
Whole Town Unexpended Balance to Whole Town General Fund ~87~5.0 -
Flood And Erosion Control.
Vote of the Town Board: Ayes: Justice Tedeschi~ Councilman Nickles,
Councilman ~etl, 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 meeting be recessed at 3:30 P.M. to
reconvene this same date following the evening budget hearings.
Vote of the Town Board : Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan.l~ Absent: Justice
Doyen.
This resolution was declared duly adopted.
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The public hearing on the 1980 Preliminary Budget of' the Town of
Southold was held at 3:30 P.M~, and recessed at 3~5'~P.M. to be
reconvened at 7:30 P~M. The public-hearing on the 1980 Federal
Sharing Budget was held at 3:45 P.M. and recessed at 3:50 P.M.
to reconvene at 7:45 P~M.
The Public hearing on the 1980 Preliminary BRdget of the Town of
Southold was held at 7:30 P.M. and adjourned at 7:45 P.M. The
public-hearing on the 1980 Federal Revenue' Sharing Budget was held
at 7:45 P.M. and adjourned at 7:50 P.M.
The regular meeting of the Southold Town Board reconvened at ~:51 P.M.
On motion of Justice Tedeschi, seconded by Councilman Drum, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 7:53 P.M.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: J~stice
Doyen.
This resolution was declared duly adopted.
//=Judith T. Terry/
ToWn Clerk