HomeMy WebLinkAboutTB-02/10/1981 52
SOUTHOLD TOWN BOARD
February 1.0, 1981
WORK SESSION
9: 15 A.M. - Venetia McKeighan, Manager of the Southold Town Nutrition
Program appeared before the Board to outline proposed guidelines -for-
tzee new essential service van which is--being paid for 1007o by the.....
County of Suffolk. Mrs. McKeighan presented _her proposal for the n`
use of the van and initiation of .the program. The Board was in t
agreement with her proposal. The Board commended Mrs . McKeighan
for the improvements she has made at the Nutrition Center.
9 : 30 A.M. - The Board viewed a slide presentation on a .Salute .to
Douglas Moore' s Farm Journal. J. ' StAnley Parkin, John and Aurelei
Stack, John Traversa and Susan Rosenstreich participated in the
presentation. The purpose of the meeting was to give the Board
insight into the Douglas Stuart Moore Memorial Concert Fund for
which. they were asked to donate $500. 00. A resolution concerning
the appropriation of $500.00 toward the aforementioned fund will
be made at the regular meeting.
10: 30 A.M. - The Board audited the vouchers.
10: 50 A.M. - Began reviewing the agenda.
11:45 A.M. - Mr. James C. McMahon, Director of the Southold Town
Delinquency Diversion and Prevention Program and Chief Carl Cataldo
appeared before the Board. Chief -Cataldo read .his report for 1980
and the period . 1970-1980. (Each Board member received a copy of
the Chief' s report, which is on file in the Town Clerk' s Office.. )
Police car bids were also discussed, as well as .Seasonal Police
Officer Training School, and the appointment of two "part-time police
officers. -- Mr. McMahon remarked upon. the . duties; of :hi,s position
and plans for the future.
12 : 50 P. M. - Lunch.
2: 00 P.M. - Work:,session reconvened.
3 :00 P.M. .- The Board met with, Town Trustees Hataier, Staples,
Smith, Stoutenburgh and Kujawski 'relative. to the proposed dredging
of inlets and creeks, seeking their. opinions. Councilman Drum
um
made a presentation of aerial- photographs supplied to him by Mr.
John Guldi of the Division of Waterways, Department of Public
Works , County of Suffolk. Those photographs concerned Brushes Creek,
East Creek, Mud Creek, Broadwaters . Cove, Wickham Creek, Halls Creek,
School House Creek, Little Creek, Corey Creek, Cedar Beach Inlet
(dredging and construction of a jetty) , Budd' s Pond and Mill Creek, .
Richmond Creek (no permits on file at the present time) . The
Trustees basically have no objection to the proposed dredging
projects. When the weather permits 'inspections, Mr. Drum will
ask Mr. Guldi and the Trustees to accompany him to form a priorities
list.
EXECUTIVE SESSION
5 : 20 P.M. - The Board met in Executive Session to discuss the
possible purchase of a parcel of eland at Cutchogue.
A regular meeting of the Southold Town Board was held on. Tuesday,
, ,February 10, 1980 at the Southold Town Hall_, Main Road, Southold,
New York. Supervisor Pell opened the meeting with the Pledge of
Allegiance to the Flag, at 7: 30 'P.M e
Present:
Supervisor William R. Pell, III
Councilman Henry W. Dr„m
FEBRUARY 10 ,' 1981 53
Councilman John...J., Nickles
Councilman Lawreri:ce"'Murdock;= `Jr:
Councilman Francis J. Murphy
Town Clerk' Judith T. Terry
Town Attorney Robert W. Tasker
Absent : Justice Francis T. Doyen
On motion of Councilman' Nickles, seconded -by Councilman Murphy, it was
RESOLVED that the minutes of the January 27, 1981 minutes of the
Southold Town Board be and hereby are approved as submitted.
Vote of the Town Board: Ayes : Councilman.-Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, . Supervisor Pell.
This resolution was declared duly adopted.
On motion of Councilman Murdock, 'seconded by Councilman Drum, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3: 00 P.M: , Tuesday, February 24, 1981 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 was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the following audited bills be and hereby are ordered
paid: General Fund Whole' Town bills in the amount of $24,674. 25;
General Fund Part Town bills in the amount of $9,534.46; Highway
Department bills in the amount of $15, 852. 47; and Fishers Island
Ferry District bills in the',,-.amount of $25, 740. 78.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
.Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. ,
This resolution was declared duly adopted...
1 . REPORTS = SUPERVISOR PELL:
1. The first report we have today is the Building Inspector's
monthly report (January 1981 ).
2. Town Clerk' s monthly report (January 1981) .
3. Police Department 's monthly report (January 1981) .
4. Bay Constable' s activities .for the month (January 1981 ) .
5. Supervisor' s financial monthly report (January 1981) .
6. Highway Superintendent Dean' s monthly report (January 1981) .'
7. Fishers Island Ferry bistric: ' s' monthly report (January 1981 ) .
All these reports will be placed on file with the Town Clerk if
anybody wishes to review them.
Councilman ' s reports. I will ask the Councilmen if they would
like to make reports at this time. Larry?
COUNCILMAN MURDOCK: I saw an article in the Daily News on February
5th, Long Island Section which says the "Waste Disposal Plan Near"
Bankruptcy" , which deals with the multi-town solid waste disposal
project in the towns of Islip, Huntington, Babylon 'and was supposed"
to be Smithtown when it started. It ' s another project that started
at about a hundred million, hundred and twenty-five million and the
price has risen two hundred and fifty million dollars and they' re not
even started yet. Now it says in here, "Bankruptcy" . So far all "
of the big mass disposal plants that we have built or propose to
build have either not operated or had cost overruns so high that
they are completely impractical and tomorrow my committee will go
to New Jersey to see a smaller unit that ' s capable of burning, it .
can be designed for us, for 150 tons per day and hopefully after we
see several plans, probably go unilaterally to take care of our solid
waste management. It is just unfortunate that these huge plants just
do not seem to work as yet and while we are committed to a study from
H2M with the five towns, I 'm still leery of how much that will cost
us and from what I ' ve seen with all these other plants that one will
also be too large and will go down in "flames" .
SUPERVISOR PELL: Councilman Drum?
54 FEBRUARY 10 , 1981
COUNCILMAN DRUM: Yes , I ' d like to report on ' a meeting that the
Supervisor and myself attended last Friday in Hauppauge with the
Deputy County Executive and other representatives and it concerns
the 'chara back on the 7th Squad. I believe probably all of you
are well aware of what has gone on in the past and that we' re trying
to reach a solution toward the charging of the 7th Squad to the five
eastern towns who utilize their , services . These are detective services
that are provided by the 7th Squad. The cost figure for this ,year,
1981, by Suffolk County was estimated to ,be about $871 ,000. 00 . for the
7th Squad. The Deputy County Executive, Mr. Brotherton and in
consultation with other county officials has come up with a possible
solution and that would be that the five eastern townships, cost to
the five townships for this coming year would be in the neighborhood
of $174, 000, which is about 207o, and. this would mean that each of the
five eastern townships, as .they proposed it-, would be based on assessed
valuation. To Southold Town it would mean a cost of about $27, 000. 00.
Now, of course, we in SoutholdlTownship have not budgeted this
$27, 000. 00. It is being considered that it would be payable to the
county in 1982 in the form through a .county tax through our assessment
in the general fund. Of course, ,this would require approval of all
the towns and villages and of tours"e one of the advantages is that
we do not have the money at the present so we do not have to go out
and tax the people and it would -be in 182. There has been--I feel
that this is an equitable solution compared to what has happened in
the past. There ' s some question as ,to the legality of th'e actual
cost, on who bears this cost. . However, as far as we have gotten, I
think we have come a long way and. we are not at the end of the road
Yet. We do riot have a finial solution:
e
SUPERVISOR PELL: Progress, in other words.
COUNCILMAN. DRUM: I feel there is some progress. As Larry Murdock
just brought up, question of legality of the cost, perhaps Larry
and I have some different views or different feelings on that . I 'm
not quite sure what the legality is as yet, that point has got to
be brought out further.
COUNCILMAN MURDOCK: I think we are going to have another meeting
about it. It is in the County Charter that detective services to
be provided for the police budget--out of the police budget and
it ' s my opinion and tentatively - the Town Attorney agrees with me
that according to that Charter, they have no right to make a separate
charge out of that item. It is specifically in the Charter that
detective services are part of- what -we pay in the general fund.
The net affect of it, we' re not toosure of, or I 'm_ not too sure of
either. That' s one thing Mr. Drum.,and.-I agree on, we' re both afraid
that 'when we adhere to the technicality that is in the Charter that
this is provided that they then make us join in in the detective
services for the six police . districts _in Suffolk County. Which
would then make us responsible for maybe 300 detectives as opposed
to $870, 000 . 00 worth of detectives. , Either way they' re looking to
take a lot more money from us then ,they' re entitled to. We' ll fight.
COUNCILMAN DRUM: I still have the personal feeling that perhaps
we must proceed and make preparations to provide our own detective
services by the - first of the year 1982. I feel we should take steps
along that line and look at -it real closely. We in the Township
might be better off having our, own detectives.
I will cover the Waterways, we do have a. resolution, and. at that
time I will cover the Waterways.
SUPERVISOR PELL: John do you have anything to report on? Frank?
Number 10 (Reports) is Judge Tedeschi' s monthly report (January
1981) . As I said before, all these reports are placed on Tile with
the Town Clerk if anybody cares to review "them.
For the information sake of the .two young men sitting in the
audience, we are going through this °rather rapidly. But we did
start this morning with committee meetings at 8 :00 A. M. We got
out of here tonight, the TownClerk left here at 7: 00 o' clock to .
go home, a few of us left at 6: 15' to go home and came back at
', . . '. 7: 00 o' clock. It might seem that we ' re g going rapidly through this
but we rehashed this all day long, give and take, and so it' s fast
but yet it has been thoroughly, by this .Town Board, discussed.
FEBRUARY 10 , -1981 55
II . PUBLIC NOTICES - COUNCILMA_N, 'NICKLES: ; R ,;
1. From .the Department of the Army, New York District , Corps
of Engineers and this is in regards to a . construction project-on
Eugene' s Creek which is a' 3 by 12 open, pile supported pier and
installation of a 3 by 10 float. If you have any comments on this
application they are to be made .to the Corps by February llth. --
(Application of Rita Gledich. ) • .
2. From the New York State Department of Environmental Conserva-
tion, notice of complete application to construct a groin with deck
at Southold. This is located on Southold Bay in the Bayview area -
(Theodore Laoudis by Enconsultants, Inc. ) This is a little bit
different than the normal hearing notices we receive. This is an
adjudicatory -hearing upon the application which will be held on
March 6 at 10: 00 A.M. in the Suffolk County Legislative Meeting
Room. Many instances there is not a formal hearing on these applica-
tions but in this case there is. Also, I notice something that is
different on here, all parties are invited to attend a pre-hearing
conference to be held on March 3, 1981 at 10; 30 A.M. in the Southold
Town Hall, Main Road," Southold, for the purpose of (1) noting appear-
ances of parties who wish to be heard; * (2) specifying the :issues to
be considered; (.3) establishing a schedule of witnesses for the
hearing; (4) establishing procedures for the presentation of testimony
and the filing of documents; (5) considering grouping and representation
of parties having similar interests; and (6) considering any other
matters which will further the .purposes of the hearing. Again, that
is March 6th for the formal hearing and the preliminary hearing is
here in Southold. A copy of this is on file. I would assume this
is a major project i.s why they are going "'through all this double
hearing process .
3. Application by Nicholas. Fontana to construct a pier, ramp
and float. This is from theDepartment of the Army, Corps of
Engineers. Response date is March 2nd. It is on Mattituck Creek.
It is 'an open,pile supported pier 3 by 40, installation of two ramps
2 by 10 and 2. 5 by 16 and a float 9 by 16. Response date is March
2nd.
4. The last one is from the United States Youth Conservation
Corps and this is a job opportunity for youngsters between the
ages of 15 and 18 years of. age, both boys and girls . It pays
$3. 35 an hour with 30 hours of work, they work actually 40 hours,,
10 hours is devoted to environmental education and they are not .
paid for that education, but they do get paid for the 30 hours.
This opportunity is available in the upper part of our state.
These are at camps located in the Adirondack Mountains, the Catskill
Mountains and Western New York,. The Town Clerk has this onfile.
Applications must be postmarked by April lst . This is a great
opportunity for young people to spend the summer in the woods.
III . COMMUNICATIONS - SUPERVISOR PELL:-
1. A letter congratulating on the good work the Building
Department is doing and our Chief Building Inspector is sitting
in back of the room, George Fisher, and it is a letter to you, George,
and your staff on the fine work you have been doing. Nice to have
them come in that way.
2. Letter from* the Budget Review Office (Suffolk County) asking
that the County be informed of all _capital improvement Projects
that are going on in our township.
3. Another nice letter from Mrs. Anderson saying- she got
in touch with Mrs . Judy King in the Assessor's. Office and again
complimenting her on the fine help she was to Mrs. Anderson. Again
it is nice to receive these kind of letters.
4. Senator Ken LaValle is going to reintroduce, again, for
Southold Town, a bill giving, us the right to request from Civil,
Service, a local list when we want to hire a police officer. Now
we must take them off of a county list and we do not have a local
list established for our township or any township- in our county.
Senator LaValle will reintroduce the bill this year in that direction.
5. A letter from Mrs. Rolf H. Johnson thanking the Town Board
on the cooperation she received from Mrs . Tejo who runs the North
Fork Animal Shelter for the Town and does take care of our Dog
Pound responsibilities.
6 . A letter in the same vein, f rom Mr. and Mrs . George H. Fry.
Again thanking Mrs . Tejo and her staff for a job well done.
7. A letter complimenting one of our police officers , John
Clark, for a job he did on January 17th, and again it seems we can
go for months and not _get any of these kind of letters and all of a
sudden one month we get quite 'a few of them. We appreciate them.
This, of course, will be forwarded to Mr. Clark and placed . in, his file:
56 FEBRUARY 10 , 1981
8. Letter on definition of part-time ,police •officers and train-
ing at the Police Academy. The Chief has informed the Town Board of
the new and updated regulations.
9. Letter from Long Island Light saying who to contact in a
case of an emergency, 24 hours a day, 7 days a week, the numbers to
call in case we have any emergencies pertaining to Long Island Light
and any of their water, gas or- electric that they do supply.
10. The resume from a gentleman offering his services .to the
Town, anywhere the Town Board thinks we can use him. He ' s a_ Mattituck
resident by the name of Steve Tsontakis.
11. Reference to Mud and Downs Creek .bridges project_, improvement .
from the County of Suffolk, Mr. Barton Cass, saying that they will be
holding a public hearing--a legal hearing in this Town Hall in the
near future in regards to the bridges proposal. If ths : all goes
through they way they have planned and the Town Board adopts it,
construction will be after Labor -Day in the fall .
12. A letter on insurance from Mr. William Mullen who has been
a great help to the Town on this project and he is reminding us there
is more to be done. I will be in touch with him.
13. A letter from Receiver of Taxes George Mellas saying he. .
would like to get some new tax recording machines and- trade the
present ones in that we have. They are five years old and this
will be put on resolutions later. We have to go out to bid for
this. The Board is going to honor this request . It is a budget.
item, he has it in his budget.
IV. HEARINGS AND DECISIONS
SUPERVISOR PELL: We held a public hearing January 27th on a proposed
Local .Law on Recreational Areas in the Town. I believe the Town Board
is ready to act. on it at this time.
Moved by Councilman Nickles, seconded by Councilman Drum,
WHEREAS, a proposed Local Law No. 1 - 1981 was introduced at a
meeting'of this Board held on .the 30th day of December,, 1981, and
WHEREAS, a public hearing was held thereon by the Board on the
27th day of January, 1981, at which time all interested persons were
given an. opportunity to be heard thereon,
NOW, THEREFORE, BE IT RESOLVED that Local Law No. _ 1 _ 1981 be
enacted ' as follows:
LOCAL .LAW NO. 1 - 1981
A Local Law to provide for the
Regulation and Use of Recreational
Areas in the Town of Southold.
'BE IT ENACTED by the Town Board of the Town of Southold as
follows:
The Code of the Town of Southold is hereby amended by adding a new Chapter
thereto, to be Chapter 62, to read as follows:
ARTICLE I
USE REGULATIONS AND RESTRICTIONS
Sec. 62-1 Definitions
As used in this Chapter, the following terms, phrases, words and their
derivations shall have the meaning gi-ven herein.
RECREATIONAL AREAS - Include all parks, '. playgrounds, athletic fields,- boat launch-
ing ramps, all areas between the.ends of highways and tidal waters, and other recreatio.l.
areas, including approaches, driveways.. parking areas, and buildings and structures
located thereon owned, leased or operated by the Town of Southold.
SUPERINTENDENT - Shall mean the head of the Department of Public Works of the
Town of Southold, who shall be in charge of all-Recreational-Areas.'
VEHICLE - Any vehicle which is or may be mounted on wheels and is or may be pro-
pelled either by its own power or by another power driven vehicle to which it may
be attached. The term shall include any trailer of any size, type or description.
FEBRUARY 10, 19$1 57
§62-2 Recreational Area Property
No person in a Recreational area shall:
A. Mark, deface, injure or damage any building, structure, _property
or equipment in or on any recreational area.
B. Dig and/or remove sand or gravel or other material from a
recreational area; norcut, carve, remove or otherwise damage
any tree or plant-in such areas.
C. Hunt, 'molest, disturb, injure or kill any animal or mammal in
or on any recreational area.
D. Bring in or dump, deposit or leave any bottles, broken glass,
ashes, paper boxes, cans, dirt, rubbish, waste, garbage or
refuse or other trash. No such refuse or trash shall be placed
in any waters or left anywhere on the recreational area grounds,
but shall be placed in the proper receptacles where these are
provided; where receptacles are not so provided,. all-such rubbish
or waste shall be carried away from the recreational area by
the person responsible for its presence and properly disposed of
elsewhere.
§62-3 Vehicles .and traffic.
No person in a recreational area shall:
A. Fail to comply with all applicable provisions of the state. motor
vehicle traffic laws, laws of the Town of Southold in regard to
equipment and operation of vehicles.
B. Fail to obey all traffic officers and recreational area employees,
such persons being hereby authorized and instructed to direct
traffic whenever and wherever needed in the recreational area
and on the highways, streets or roads immediately adjacent
thereto in accordance with the provisions of these regulations and
such.supplementary regulations as may be issued subsequently
by the Superintendent.
C. Fail to observe carefully all traffic signs indicating speed, direction,
caution, stopping or parking and all others posted for proper
control and to safeguard life and property.
D. Ride or drive a vehicle at a rate of speed exceeding ten (10) miles
per hour, exceptupon such roads as the Superintendent may
designate by posted signs for speedier travel.
E. Drive any vehicle on any area except the paved roads or parking
areas or such other areas as may on occasion be specifically
designated as temporary parking areas by the Superintendent.
F. Park a vehicle in -other than an established or designated parking
area, and such use shall be in accordance with the posted
instructions thereat and.with the instructions of any attendant
who maybe present.
G. Fail to immediately notify an attendant of an emergency in the
nature of a breakdown requiring the assistance of a tow truck,
mechanic or other person.
H. Fail to use a'muffler adequate to deaden the sound of the engine
in a motor vehicle.
T. Repair, wash, wax-,or perform other maintenance on his or
another vehicle.
J. The provisions of this Chapter shall not apply to the following
motor vehicle
58 FEBRUARY 10, 1981
(1) Motor vehicles of the United States of America, the State
of New York, the County of Suffolk, the Town of Southold,
and any agency, instrumentality or department thereof,
when used on official business, .or motor vehicles operated
by officers or employees of such governmental agencies
when used on official business.
(2) Motor vehicles commandeered for use by police officers in
the performance of their duties.
(3) Ambulances or motor vehicles used as ambulances.
(4) Motor vehicles operated by a fire department or fire
district in the performance of.its duty. -
(5) Motor vehicles used for launching and hauling boats: at
public boat launching sites.
§62-4 Bathing and swimming.
No person shall:
A. Swim, bathe or wade in any waters or waterways in or adjacent
to any recreational area except in such waters and at such places
as are provided therefor and in compliance with such regulations
as are herein .set.forth or may be hereafter adopted. Not shall
any person frequent any waters or places customarily designated
for the purpose of swimming or bathing,":'`o' r congregate thereat,
when such activity is'prohibited by 'the,"Superintendent upon a
finding that such use of the water would'-be;':dangerous or otherwise
inadvisable. Such designated bathing',areas''shall be kept free
from any form of water equipment r' other floating objects or any
other form of device that in the Superintendents,judgment may
cause inconvenience, injury or discomfort to bathers, except if
such equipment is intended for the protection>of life.
B. Frequent any waters or places designated for the purpose of
swimming or bathing, or congregate-thereat, except between
such hours of the day as shall be designated by the Superintendent
for such purposes for each individual area.
C. Erect, maintain, use or occupy on or in any beach or bathing
area any tent, shelter or structure 'of any kind unless there
shall be an unobstructed view into said tent, shelter or structure
from at lease two (2) sides; nor shall any guy wire, rope or
extension or exterior-brace .or support be connected or fastened
from any such structure to any other structure, stake, rock or
other object thereof.
D. Dress or undress on any beach or in any vehicle, toilet room
or other place, except in such bathing houses or structures'as
may be provided for that purpose.
§62-5 Beach activities.
No person shall:
A. Bring into or operate any boat., raft or other watercraft, whether
motor-powered or not, upon any waters at places designated for
bathing.
B. Fish offshore from town-operated beaches except from such
portions thereof. as may be staked off and posted therefor, nor
shall any person at any time: fish in any area while bathing is
permitted.
FEBRUARY 10 1981 59
562-6 Hunting and firearms.
No person shall hunt, trap or pursue wildlife at any time. No person
shall use firearms of any. description or air rifles,
spring guns, bow and arrows, slings-or any other forns of weapons
potentially harmful to wildlife and dangerous to human safety, or any
instrument that can be loaded with and fire blank cartridges, or any
kind of trapping device. Shooting into recreational areas from beyond
their boundaries is forbidden.
§62-7• Use of picnic areas.
No person shall:.
A. Picnic in a place other than those places designated for that
purpose by the Superintendent. Recreation area representatives
shall have the authority to regulate the activities in such areas
when necessary to prevent congestion and to secure the maximum
.use for the comfort and convenience of all. Visitors shall
comply with. any directions given to achieve this end. All
organized picnics and outings shall first obtain a special permit
from the Superintendent.
B. Violate the regulation that.uge of the individual fireplaces,
together with tables and benches, follows -t generally the rule
of "first come, first served,."except if it is an organized picnic
and exhibits a permit duly issued by the Superintendent.
C. Use any portion of the picnic areas or of any of the buildings or
structures therein for the purpose of holding picnics to the
exclusion of other persons, nor shall any person use such area
and facilities for an unreasonable time if the facilities- are crowded.
D. Ignite or maintain a fire on any beach or in any recreational
area except in a proper, designated area and fireplaces.
E. Leave a picnic area before a fire is completely extinguished
and before all trash in the nature of boxes, papers, cans,
bottles, garbage and other refuse is placed in the disposal
receptacles where provided. If no such trash receptacles
are available, then refuse and trash shall be carried away
from the recreational area by the picnicker, to be properly
disposed of elsewhere.
§62-8 Games.
No person shall take part in or abet the playing of any games involving thrown
or otherwise propelled objects, such as balls, stones, arrows, javelins or model
airplanes, except in areas set apart for such forms of recreation. The playing of
active sports or games such as football, baseball and golf is prohibited except on
the fields and courts or areas provided therefor.
§62-9 Behavior and conduct.
No person shall:
A. Be present in any recreational area while under the influence of
intoxicating liquor.
B. Bring a dog or other domestic animal.. into recreational areas
other than automobile parking concourses and walks immediately _
adjacent thereto. Nothing herein shall be construed as permitting
the running of dogs at large.. All dogs in those areas where such
animals are permitted shall be restrained at all times on adequate
leashes not greater than four (4) feet in. length. :
60. FEBRUARY 10 , 1981
C. Build or attempt to build a fire except in such areas and under such
.regulations as may be designated by the Superintendent.
D. Fail to.produce and exhibit any permit from the Superintendent
which he claims to .have', upon request of any authorized person
who shall desire to inspect the same for the purpose of enforcing
compliance with any law or rule.
E. Disturb or interfere unreasonably with any person or party
occupying any area or participating in an activity under.the
authority of a permit.
F. Erect any structure, stand or platform, or hold any meetings,
perform any ceremony, make a speech or.address, exhibit any
performance or form any parade or procession in any recreational
area without first obtaining authorization.
§62-10 Hours of use.
Recreational areas shall be open to the public at-..such periods and during such
hours as shall be fixed byresolution of the town board. It shall be the duty of the
Superintendent to post notices of the opening and closing hours in each recreational
area.
962-1+1 Rules and regulations,
The Superintendent shall be authorized to otherwise set down rules and regula-
tions that he may deem proper to maintain the safety and welfare of those persons
using town recreational areas as defined herein.
§62-12 Enforcement, penalties for offenses.
A. The Superintendent and recreational area personnel shall, in
connection with their duties imposed by law, diligently enforce
the provisions of this Chapter. .
B. The Superintendent, any recreational area personnel or members
of the Southold Town Police Department have the authority to
enforce and/or eject from the recreational area'any person
violating the provisions of this Chapter or any other provisions
of law.
C. In addition to any other penalty as provided for by law, any person
or persons, association or corporation committing an offense
against this Chapter or any section or provision thereof is guilty
of a violation punishable by a fine not exceeding two hundred fifty
dollars ($250. ) or imprisonment for a period not exceeding
fifteen (15) days for each such offense, or by both such fine and
imprisonment.
D. The Superintendent and any recreational area personnel shall have
the authority to seize and confiscate any property, thing or device
in the recreational area or used in violation of this Chapter.
562-13 This Local Law shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman .
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly, adopted.
V: RESOLUTIONS .
1. On motion of Councilman Murdock, seconded by Councilman Drum, it. was
RESOLVED that Bond No. 73 S-14817 BCA. issued by The Aetna Casualty
and Surety Company in the sum 'of $4,000.'00 on behalf of Kenneth 'L.
FEBRUARY 10 , 1981 61
Edwards, Commissioner-Secretary,, of the Fishers Island, Garbage and
Refuse District, be :and the swine 'is :=hereby 'approved as to form,
manner of execution and sufficiency of sureties therein-._
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles , Councilman .Drum, Supervisor Pell.
This resolution was declared duly adopted.
2. On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that Bond No. 73 5-17116 BCA issued by The Aetna Casualty
and Surety Company in the sum of $50,000. 0.0 on behalf of Joan L.
Richter as Account Clerk, Town of Southold, be and the same is
hereby approved as to form, manner of execution and sufficiency
of sureties therein.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, . Supervisor. Pell. ..
This resolution was declared ,duly adopted.
3. On motion of Councilman Drum, seconded by Councilman Murdock, it. was
RESOLVED that Bond No. 73 S014880 BCA- issued- by The Aetna Casualty
and Surety Company in the sum of $4,000. 00 on behalf of Lawrence R.
Horn, Town Constable, Fishers Island, be and the same is hereby
approved as to form, manner of execution and sufficiency of
sureties therein.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
4(a)On motion of Councilman Murphy seconded..by' Councilman Nickles, it was
RESOLVED that Bond No. 73 5-688 BCA issued by The Aetna Casualty
and Surety Company in the sum of $1 , 000, 00� on behalf of _Raymond
Doyen,. Commissioner-Chairman of the Fishers Island Garbage and. .
Refuse District-, be and the ,same is `hereby approved as to form,
manner of execution and sufficiency of sureties therein.
Vote of the Town board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
(b) On motion of Councilman Drum,. seconded by Councilman Murdock, it was'
RESOLVED that Bond No. 73 5-14300 BCA issued by The Aetna Casualty
and Surety Company in the sum of $20, 000. 00 on behalf of ,Robert E.
_Wall, Commissioner-Treasurer of the Fishers Island Garbage and
Refuse District , be and the ,same is hereby approved as to form,
manner of execution and sufficiency of sureties therein. .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted,
SUPERVISOR PELL: Do you know what we are doing, boys? (Speaking
to the Boy 'Scouts in the audience. ) - These bonds are for the people
who handle money, public funds, for a district . If these people
take the . money and take off, the bonding company will make good
the money. There is a fee for this. Like I 'm bonded for $200,000. 00.
5. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that Bond No. 73 5-12374 BCA issued by The Aetna Casualty
and Surety Company in the sum of $4,000. 00 on behalf of Alfred R.
Grebe, Jr. , Town Constable, Fishers Island, be and the same is
here approved as proved as to form, manner of execution and sufficiency of
sureties therein.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
16. . On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold, on behalf of
the Southold Chapter, Daughters of the American Revolution, Proclaim..-
the month of February as "American History Month" ,
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell,
This resolution was declared duly adopted.
7. On motion of Councilman Murdock, seconded by Councilman Murphy, it was
RESOLVED that Supervisor William R. Pell , III be and he hereby is
authorized and directed to enter into an agreement on behalf of the
Town of Southold with Ward Associates, ,P.C. at a lump sum fee of
$2,500. 00, to develop a coordinated ' capital improvement program
for recreation and parks to utilize. present' and future- local funding
62 FEBRUARY 10 , 1981
to obtain State and Federal matching grants, in accordance with the
proposal of Ward Associates, P. C. dated January 15, 1981.
Vote of the Town Board: Ayes:. Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
8. On motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold accept the
resignation of Frederick E. Gordon from the position of member
and vice-Chairman of the Southold Town Planning Board, effective
February 1, 1981, and forward a letter to Mr. Gordon thanking
him for his diligence to duty. and concern for the people of the
Town of Southold since appointment to that position on January 1,
1976.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted:
9. On motion of Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Southold Town Board declares itself lead agency
in regard to the State Environmental Quality Review Act in the matter
of the application of Enconsultants, Inc. for Eugene Bolter for a
wetland permit on certain property located on the north side of
Broadwaters Road on Broadwaters Cove, Nassau Point , Cutchogue, New
York.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Nickles, Supervisor Pell, Abstain: Councilman
Drum.
This resolutib n- was declared duly adopted.
10. On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold grant Thomas
Cielatka, Bay Constable for the Town of Southold; his Step II salary
'increase in the amount of $500. 00 effective March 1, 1981 .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly. adopted.
SUPERVISOR PELL: Number 11 is the appointment to-thQ".8outhold Town
Planning Board. The Town Board did discuss today at'great lengths.
We have, several resumes come in by the deadline which was Friday
noontime of last week. We had some people come in today and see
and see the Councilmen last night and today and said they would like
to get theirs in but it was too late. The Town Board did discuss
this today, and several names were brought up. We did finally, after
debating, zero in on one name, but before I ask for that resolution
for the name to be brought up, I would like to say one name that I
brought up and I felt very strongly for is John Leden from Greenport.
I pushed very hard today but he was on:e� !of `my preferences, my second
one, another one did get it .but John Leden, .I brought his name up
and somebody else brought other names up and we did zero in on one
candidate and I will ask the Councilmen to make the resolution.
11. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
,.William F. Mullen, Jr. a member of the Southold Town Planning Board,
effective February , 1981, to fill the unexpired term of Frederick
E. Gordon, which expires on `Apri1 ' 30, 1985._
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution. was declared duly adopted.
SUPERVISOR PELL: - Somewhat you feel bad, you get so many good
resumes. People who would really like to .be part of the Town
and we had ten in this case and we had one opening but I feel
confident that the ?town Board did debate and we picked Mr. Mullen
who will do a fine job.
Number 12 is . to award the police car bids. We put it on the
agenda. We are not ready to move on this yet. We will put it on
the, agenda for the 24th, February 24th.
13. On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold award the bid
for supplying the Town with a 24 ft. Privateer 2400 Trawler Cabin
Workboat to Port of E vpt Marine . Inc-.: at the bid price of $7, 870. 0.0
which includes the trade-in of the 1975 22 ft. Mako 55 Boat without
engines.'
FEBRUARY 10 , 1981 63
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 Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the Fishers Island Ferry
District to advertise for bids for drydocking for periodic inspection,
necessary repairs and refurbishing of the M/V Munnatawket ' s underwater
body.
Vote of the Town Board: Ayes: Councilman. Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted,
SUPERVISOR PELL: Number 15, the Town Board wishes to discuss this .
more, we did not have time today to finish our discussion. It will
be placed on the agenda on the 24th when we meet again.
COUNCILMAN DRUM: I might say, some time ago--we have an attorney
out of Town that provides services and we discussed this with the
Town Board several months ago, that perhaps we should bring this
back into the Town and have one of our local attorneys provide the
service. We will discuss it further, all aspects of it.
SUPERVISOR PELL: It will be on the agenda again on the 24th.
From now on we have a few more resolutions, probably seven-
eight of them that are not on your agenda. These are the things
that come up today at Town Board meeting by the different Town Board
members. The agenda is prepared on Friday of last week, distributed
on the weekend and then when we sit down the different Councilmen
or myself might have different things to bring up and we add on the
agenda so you do not have it on your paper out there but we will go
from here and try to explain 'it as we go along.
The next one is appointment of two part-time police officers.
17. On motion of Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hire Howard
William Sawicki and Raymond E. Van Etten as Part-Time Police Officers
for the Town of Southold at a salary of $5 .00 per hour, effective
February 10, 1981.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell..
This resolution was declared duly adopted.
18. On motion of Councilman Drum, seconded by Councilman Murdock,- it was
RESOLVED that Supervisor William R. Pell , III be and he hereby is
authorized and directed to execute an agreement ,between the` Town
of Southold and the County of .Suffolk, whereby the Town of Southold
agrees to secure insurance and hold the County of Suffolk harmless
under the .requirements for training of part-time. police officers
at the Suffolk County Police Academy.
Vote of the Town Board: Ayes: . Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman :Drum, Supervisor Pell.
This resolution was declared 'duly adopted.
19. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Clerk be and she hereby is authorized to
advertise for bids for the purchase of two new _Olivetti Receipti .
Machines for the Receiver of Taxes, trading in the two existing
receipting machines in the Office of the Receiver of Taxes .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell..
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 hereby appoints
Albert Dawson, Fishers Island Fire District, Assistant InqDePjjQr as
provided for in Section 45-504 of the -Fire P_r v„ention Code of the Town
of Southold, for a one year term, effective this date, February 10,
1981, to serve in said position without compensation.
Vote of the Town Board: Ayes:- Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell,
This resolution was declared duly adopted.
64 FEBRUARY 10 , 1981
21. On motion of Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of . the Town of Southold, in accordance
with Article V, Section 45-509 of the Southold Town Fire Prevention
_CD_de, appoint Kenneth Edwards, Fishers Island Fire District, to the
_Board of Review for a term of one year, effective February 10, 1981.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 22 is a project that people came into
Town Board today and applied for funds for' a project they feel
worthwhile in the recreational field and the Town Board did watch
their "show and tell" . They did` come in and demonstrate to us
today a little bit what they would 'like. to do and at this time I
will ask for a resolution. on
22. On motion of Councilman Murdock, ' seconded by Councilman Nickles, it was
RESOLVED that the Town Board of -the Town of Southold allocate $500. 00
from the Recreational Account for a contribution to the Douglas Stuart
_Moore Memorial Concert Fund.
Vote of .the Town Board: Ayes: - Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declare.d. duly adopted.
SUPERVISOR PELL: This is like the concert they put on last year
in the summertime, in August I believe it was, and they had about
2500 people up on the Cutchogue Green. They have decided to repeat
it this year again. Different local artist around came to Southold
Town. , Number 23, a dredging projec,,t . Councilman Drum.
COUNCILMAN DRUM: Before I offer the resolution I might just very
briefly explain that last month we were :to have met with the engineer
of--Suffolk County engineer and the Trustees and Town Board members
to inspect all of our inlets .to .set up a priority. ..Unfortunately at
that time the inlets are covered with icer.,.and . they still are , many of
them. So we will have to wait. But rather than delay getting the
money from Suffolk County without''a priority Mr. John.. Guldi who is
the- Principal Engineer, Division of Waterways has...agreed to go ahead
and obtain money and the resolution I 'm about to offer will request
the County of Suffolk to . dredge .various navigational channels.
23. Moved by - Councilman Drum, seconded by Councilman Murdock,
WHEREAS,' the Town of Southold has requested the County of . Suffolk
to navigation, .channels in Brushes: Creek, Cedar Beach Inlet ,
Corey Creek, East Creek, Halls Creek, Little Creek, Mill Creek, New
Suffolk Boat Ramp, Schoolhouse ,Creek and Wickhams Creek; and
WHEREAS, the County of Suffolk proposes to do said dredging in the
Town of 'Southold at a nominal cost :to the Town of Southold; and
WHEREAS, in order to accomplish' said dredging, plans , specifications,
agreements and other documents must be -executed on behalf of the Town
of Southold; now, therefore, be it
RESOLVED, that Supervisor William R. Pell, III be and he hereby is
authorized to execute, on behalf. of the Town of Southold, all
necessary plans and specifications, spoil area agreements, assurances
to the County of Suffolk, . license and/or dredging permit applications
to Federal and State Agencies and all- other documents that may be
required to accomplish said dredging work.
Vote of the Town Board: Ayes: Councilman Murphy; Councilman
Murdock, Councilman Nickles; Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
24. On motion of Councilman Murphy, seconded-'by Councilman Nickles, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby is
authorized and directed to execute a three year lease/purchase
agreement between the Town of Southold and Datamatic Systems, Inc
for the lease/purchase of an Olivetti '#1450 Copy Machine for the
Town Attorney at a cost. of $95.:76 per month.
Vote of the Town Board: Ayes.: ' Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: I would like to introduce the two gentlemen who
just walked. in. Nice to- see our Comptroller Deputy here, our local
boy Joe Sawicki and he brought along with him for a bodyguard 'tonight
our County Comptroller, Mr. Caputo. . Joe , would you like to say a few
Vor,ds?
FEBRUARY 10 , 1981 65
SUFFOLK COUNTY COMPTROLLER JOSEPH- -R.. CAPUTO: Thank you, thank you
very much. I have a��prepared st'aterrient so we are happy to come out
to Southold and we have to comment a little bit about certain
proposals that have been recommended and I take this opportunity to
do just that. .1
Supervisor Pell and Members of the Town Board: I want to. thank
you for this .opportunity to come before you. As it is most important
that I respond to certain unfounded allegations attributed to your
Supervisor, which were transmitted on the air waves of the local radio
stations last week and subsequently printed in the weekly news media.
Of course, we are talking about the on-again, off-again, here-
again, where-again, chargeback system for the Seventh Sguad. detectives
of the Suffolk County Police Department and, specifically, about the
lack of cooperation alleged by the Supervisor against the Comptroller' s
Office.
Historically, we must go back, to the summer of 1980 when the
Budget Review Unit of the Suffolk County Legislature compiled a
study at the request of the Legislature, to determine if we should,
. in fact , have a chargeback system in lieu of the previous method of
taxation for countywide police services. Based on that review and
study, the Legislature passed a resolution, which is attached in a
packet which we will give to you later, requesting an authorizing
the County Executive and the County Comptroller to develop a charge-
back system which would be fair and equitable to all concerned:
The East End Supervisors' and Mayors' Association, .in response
to that adopted resolution, was anxious and concerned, and rightfully
so, as to how it was going to affect their constituency (which perhaps
you all realize, also happens to ,be our own constituency' as the
County Comptroller) . At the behest of ' Southampton Supervisor Lang
and Mayor Wines, a luncheon .was hosted by your good Association,, in
which the County Treasurer and her chief accountant and County
Comptroller and his Deputy and chief :accountant, were in attendance .
The date was September 17, 1980 at Herb McCarthy' s Restaurant in
Southampton, and it was attended by all of the East End Supervisors ,
village Mayors and respective Town and Village police personnel.
As you recall, it was a very worthwhile conference and dis-
cussion. An exchange of ideas and commitments took place, whereby -
we did not plan to preclude anyone from the proper planning of a
chargeback system,. if and when it ever took place.. My office agreed
to and did send a copy of the Budget Review Study, mentioned earlier,
to all those in attendance for their perusal and review. The follow-
ing day, on September 18, T ;communicated to the County Executive and
the then presiding officer, the request made by the East End Town
Supervisors' and Mayors' Association for the formation of a committee.' :.
And I suggested that it be made up of the County Executive, the
Presiding Officer, the County Comptroller, the Police. Commissioner,
the Chairman of the Public Safety Committee of the Legislature, the
East End Town Supervisors' and Mayors' Association should have two
representatives, and the west end town representative, and perhaps
a. village from the west end also.
I have taken the liberty to provide each of you with a copy of
that letter .which details my plans in a strong sense of committal
and obligation,to resolve all apprehension that everyone was exper-
iencing. Unfortunately, between .the summer meeting, the letters of
transmittal and numerous phone calls, the calendar of the budget
process started to begin, when on September 25, 1980, the County
Executive, by Charter submitted his proposal to the County Legislature.
The County Legislature had its proper public hearings , talking about
the budget p'roposal, _ and I point out to you that on page 45, there
is an amount of money funded as revenue from sources- from the five
east end towns and an appropriation of ,a like amount on page 46 for
the cost of the Seventh Squad which equals $871, 165. 00 that they
propose as contracted amounts in the future.
No one challenged these figures kthen, and no one had any concern,
including your own county legislators from the east- end. So, Mr.
Pell, the Comptroller' s Office has extended itself to you .and your
association, and was circumvented in its attempts to resolve a
sensitive issue. It is imperative to. us that we do not have these
types of issues , vis-a-vis wills of the west, vs. the east, because
we do not seek to fuel the flame of Peconic County. The west end
needs the five east end towns and its villages, and the east end towns
also benefit from the west end tax base. To create a Peconic County
will only duplicate services worse than they are.
I also point out to you, Mr. Pell, that we requested input
from your association for representatives to be placed on the
committee from each town, suggesting that your association, of course,
make the determination as to who the representatives should be --
66 FEBRUARY 10 , 1981
copies of those letters are enclosed dated October 3,. 1980. Only *
Supervisor Janoski and yourself were kind enough to respond, you
designating Councilman Henry Drum. Meanwhile, the budget process,
as I indicated before,, moved along and established the chargeback
system, without the acquiescence -of. each town. I must point out
here that a minimum two year contract for any county police service
is required by the Suffolk County Charter, Section 1209.
Continuing, I now would like to' read verbatim, Section 1210-b
of the Suffolk County Charter, of which I ' ve also provided you copies.
This is distinctly pertinent to the situation of the Seventh Squad
and the east end as it now .exist's;
"Notwithstanding the provisions of Subdivision a'. of this
section, the Count.y Legislature shall annually cause to be
raised by levying and .collecting a tax upon the real estate
subject to taxation and located within the County,
in the same manner as otherCounty taxes, the amount
of money required to pay_"the annual expenses of maint-
enance, operation and personnel services of the bureaus,
divisions or offices which are. part of the Headquarters
Division, including the Communications Bureau, the
Detective Bureau, the Information Bureau, the Police
Training Bureau, the Administrative Division, the . .'
Identification Division, the Office of the Commissioner
of Police, and such other bureaus`; divisions, squads or
offices which serve the County. Such expenses shall be
a County charge and shall b6. defrayed in the same manner
as other County charges . .
As you can see , perhaps a violation of the Suffolk 'County Charter
was manipulated through the budget process, and I believe that this
Town Board should avail themselves. of -the Suffolk County Charter and
request their own Town Attorney to review .same in order to render an
opinion as to the accuracy of the budget and its being in accordance
with Suffolk County Charter requirements.
My opinion, as the County ,Comptroller, is that the budget has
been structured not in conformance -with the County , Charter and perhaps
even illegally. I am not an . attorney; however - as the 'Comptroller, ' I
am asked to render certain . opinions 'during the course of my respon-
sibilities. I volunteer the. above:'" Perhaps you should communicate
with the other four east end .towns and collectively have all the Town
Attorneys analyze the Charter, compare it to the budget , and .collect-
ively,.and conjunctively make a determination as to whether, in fact,
what has been and what is proposed'' to .be done is legal and proper.
What I have said may appear ,to lave been rash; however, not to
respond to your allegations , Mr. Pell, would falsely lead the
citizens .of.. this Town and County to believe you are correct, when
in fact , you have made false accusations .
Thank you; very much for your attention.
SUPERVISOR PELL: Thank you, Joe. I would like to bring up some
things that we and said today prior to you coming here tonight.
We spend a good part of the day going ' over, with our Town Attorney,
the County Charter and the legal aspects. Councilman Murdock presented
a very good argument today, to the Town Board, whether it was legal
or not. We would not reach any conclusion today at Town Board with
this. . We were going to request a .meeting with .the proper county
officials to sit down and go over. the legality of this system. Now,
with you being here tonight and .giving us this information and perhaps
when we adjourn, if you have time . we_ could go back into the. Board
room and break out the book we had -out today, the County Charter, and
go over it and you have enlightened all of us. to the legality of this.
COUNTY COMPTROLLER CAPUTO:- I quoted a "section that you probably have.
SUPERVISOR PELL: I had this morning and our Town Attorney and we
were planning to check on the legality of it.
COUNTY COMPTROLLER CAPUTO: If I .may, .I would strongly suggest that
you not contact the County Attorney, because I think that he is
going to be prejudicial and biased in ' his examination., He should
exclude himself from making that 'determination and evaluation to the
Town. I think your town attorneys collectively, the five of them,
should get together and if they agree then that is what I -think
you should follow.
SUPERVISOR PELL: , . Was there ever a meeting called of the proposed .
committee-that was supposed to be formed when we left McCarthy' s?
67
FEBRUARY 10 , .1981
COUNTY COMPTROLLER CAPUTO: No. .:I . communicated with the county
executive and the pre si:ding.-,offseer,, , t:e l:1ng him, as I read tonight,
telling the both of them, what I planned to do. They never responded.
SUPERVISOR PELL: Did you. ever respond to us saying the county
executive never responded to you? I have no communication of it.
COUNTY COMPTROLLER CAPUTO: No, I have not. I haven' t responded
in that area. What I did do is sent a letter of transmittal to
you including my correspondence with the other two gentlemen. I
sent that to all five supervisors and Mayor Wines also.
SUPERVISOR PELL: When we left Herb McCarthy' s that day, and I ' m
not going to argue with you pro or con, but I was under the impression
that your office was going to call a meeting. I assigned Councilman
Drum to it. I talked with Supervisor Janoski, he assigned somebody
to it and I was not aware that you had submitted to the county
attorney and it was too late in the process.
COUNTY COMPTROLLER CAPUTO: To call a meeting witItthe participants
would be a futile call. ,
SUPERVISOR PELL: As far as this Town is concerned, we had our
participant in line to go.
COUNTY COMPTROLLER CAPUTO: But the thing is you have to get the
county executive and budget officer and the presiding officer, and
they never designated anyone so all we could do is let you know we
had written to them, which we did and you have a copy of the letter.
And for you to say that we--our office did not cooperate or we side-
stepped the issue is unfair. Over the years you and I and `Joe have
been close friends irrespective of political considerations and we have
cooperated to the benefit , of the community and that' s what I would
like to see continue.
SUPERVISOR PELL: I expect to. On the same hand, can you stay tonight,
after the meeting, and go into it with our: Town Attorney?
COUNTY COMPTROLLER CAPUTO: I can stay, sure.
.COUNCILMAN MURDOCK: While Joe is still here, it was my opinion that
when the time comes that we are billed by the county and .are taxes,
that we do not pay it and force them to sue us to collect it , because
I feel very strongly that the Suffolk County Charter was violated and
it is an illegal charge-back system or an illegal charge to the Town.
Do you feel that we would be--I 'm not asking a legal opinion, 'I 'm
asking a personal opinion now in view of all the moneys that you do
handle. They' ll bill us for it or put it on our tax warrant next
year that we have to pay in 1982 for the services rendered in 1981.
In my opinion that was the time we should stand up and say, "No
way, Jose" .
COUNTY COMPTROLLER CAPUTO: Well, Larry, what I would suggest is
that the tax warrants are submitted by the legislature to your
Supervisor who signs them and accepts them, if he wants to and on-
that tax warrant it shows that the. Receiver of Taxes of your Town
is obligated to collect the taxes that that would be .part of the
bill, and if you don' t accept the warrant you can' t collect the taxes
and that would be part of the bill. If you don' t accept the warrant
you can't collect the taxes. That' s my point of view. That ' s one
way to bring it to a head.
COUNCILMAN MURDOCK, Thank you, Joe.
SUPERVISOR PELL: Does any councilman have anything they wish to
bring 'up? Larry? John? Hank? Frank?
Does anybody in the audience wish to bring anything; up?
This is Boy Scout Week and we have_ a scout here. Anniversary
of Boy Scouts how many years old? 73? 73 years old' scouting this
month. Are you on a scouting project here? (merit Badge -
Communications) .
Anything else anybody would like to address the Board with?
On motion .of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that there being no further business to come before this.
Town Board meeting adjournment was called at 8: 32 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum., Supervisor Pell.
This resolution .was declared duly adopted.
68 FEBRUARY 10 , 1981
Following the regular meeting, the Board met informally with , County
Comptroller Caputo and Deputy County Comptroller Sawicki to discuss
the charge-backs stem. Mr. Caputo concluded that in his opinion the
charge-back system ismillegal in' accordance with the Suffolk County
Charter. He recommended that Town Attorney tasker research the
legality and impact on the Town of Southold.
udith T: Terre
Town Clerk
r7