HomeMy WebLinkAboutTB-02/24/1981 70
SOUTHOLD TOWN BOARD
February 24, 1981
WORK SESSION
9: 00 A.M. - The Board began reviewing off-agenda items.
EXECUTIVE SESSION
9:40 A.M. - The Board met with Richard J. Cron, attorney for the
Town in Certiorari proceedings, to discuss pending actions against
the Town.
WORK SESSION
10: 05 A .M. - Roger Broad, District Manager, LILCO, Riverhead,
Otto Lichtenberger, Paul Burns, Electrician, and Ernest Gibson
of North Shore Glassheat met with the Town Board to discuss the
electrical and heating costs at the Senior/Youth Center, Peconic.
Mr. Broad stated that the $3523. 83 bill for a 49 day period at
the Center, $1300 was a fuel adjustment charge. Further, the
temperatures were 257o colder than last ,year with 5o below Oo and
70 below Oo on several days, thereby putting a surge on the demand
meter. Measures should be taken for control of the demand charge.
Mr. .Board said LILCO can reevaluate the requirements for the
. building - is it underheated, is there a heat loss? They will do
this and have a report within two-. weeks . Mr. Gibson of Glassheat
said he has examined the building and there appears to be more
_than enough insulation inside but he would recommend insulating
the outside perimeter of the building. He said the heat pumps used
in the building lose their efficiency when the temperature goes
below 350. With Glassheat there are three types of use: supple-
mental heat tb the present system; if the heat Bumps break down,
or only used when the temperature goes below 35 He recommends
15 heaters in the large room and one in the utility room and will
guarantee a temperature of 700 and a cost of approximately $4300
for 365 days - at the present cost per kilowatt hour. He recommends
putting Glassheat in as a supplemental heat to the heat pumps and
try it for a year and if satisfied, add additional panels. - Mr.
Broad and Mr. Giboson will work with Highway Superintendent Dean
and have a report for the next Town Board meeting on March ;.10th.
11: 55 _A.M. - The Board began reviewing the agenda.
11: 30 A.M. - Lawrence Tuthill and George Fisher appeared before
the Board to discuss the flood insurance maps. Mr. Tuthill has
received a new set of maps with preliminary changes in zone lines
and he does not agree with the lines and asked the Board' s permission
to file for exceptions. This permission .Avas granted. - Mr. Tuthill
advised the Board there is needed. repair work at Gull Pond Inlet .
The bulkhead should be extended 18 ft . , plus repair to the existing
bulkhead, and dredging needed. The- cost will be approximately
$10, 000. The Board agreed to go `-to bid for accomplishing this
work as soon as Mr. Tuthill submits specifications.
11: 45 A.M. - The Board resumed reviewing the agenda.
1-1: 55 A. M. - Recess for lunch,
1: 15 P. M. - James McMahon, Director of Southold Town' s Delinquency
and Diversion Program spoke with the Board about the purchase of
a" vehicle .which is covered . in the .funding for the program. Mr.
McMahon had a list of cars for sale by Suffolk County and he was
advised to choose one that would suit his needs and be economical
to run.
1: 20 P.M. - 2: 55 P.M. - The Board reviewed the agenda.
FEBRUARY 24, 198171
A regular meeting of the Southold Town Board was held on. Tuesday,
February 24, 1981 at the Southold Town Hall, Main Road, Southold,
New York. Supervisor Pell opened the meeting at 3: 00 P.M. with
the Pledge of Allegiance to the Flag.
Present: Supervisor William R, Pell, III
Councilman Henry W. Drum
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Deputy Supervisor Marie Bauer Johnson
Absent: Councilman John J . Nickles
Justice Francis T. Doyen
SUPERVISOR PELL: Thank you for coming out today, people who are
here. Our County Exec' s Deputy Aide Tars . Roscoe. Joyce, nice to
have you with us . .
Councilman Nickles is in Albany today. He will be home tomorrow
night . I am sure while he is .up there on his own business he' s
looking out for the best interests of the Town, if I know John.
He did go over several items on the agenda with me before he went
and put his views in and his views were gone over today and the
Board agreed with him today on certain things he did discuss.
There -were no objections.: ,. So,Councilman Nickles is out of town on
business.
On motion of Councilman Murdock, seconded by Councilman Drum, . it was
RESOLVED that the minutes of the February 10, 1981 Southold Town
Board meeting be and hereby are approved as submitted. •
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at. 7: 30 P.M. , Tuesday, March 10, 1981 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Supervisor Pell, it was
RESOLVED that the. Town Board of the Town of Southold approve for
payment Federal Revenue Sharing Fund bills in the amount of
$4, 756 . 71 .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was - declared duly adopted.
I .• REPORTS - SUPERVISOR PELL:
1. The first report is from Cablevision, monthly report
for January `1981.
2. North Fork Animal League report (January 1981) . I would
like to add that they have their own van . on the road now, own
pick-up van to use to pick up the animals with. -
3. Report of the Police Department for the year 1980. It
covers the narrative that was distributed to the Board last meeting.
4. Town Justice Rich monthly report (January 1981) .
5. Councilman Nickles is in charge of the Beach and Park' s
Committee'. Since he is absent today, Councilman Murphy will make
the report for him.
COUNCILMAN MURPHY: We met on February 20th, John Nickles and my "
self. We discussed the possible lease of Jack' s Shack property
in Southold and there are quite a bit of -repairs that are going
to have to be done for itto. meetthe Board of Health standards. We
have two people that are interested in this and We will discuss it
with ,them and Ray Dean. . Ray Dean will show the man the property.
He will set up an appointment and set down the rules and regulations
72 FEBRUARY 24, 1981
for the lease. If there is anyone else interested in leasing this
property, we ' d be happy to talk to them. The other problems with
the beach is the lifeguards and are being taken care of.
SUPERVISOR PELL: Councilman Drum would like to report on .the
Association of Towns which we' were all at last week. He .was
the delegate at that time when I could not be there.
COUNCILMAN DRUM: I might say that all of the Town Board members
and our Supervisor were in attendance, Town Clerk and various other
officials were there and the ' Association of Towns discussed many
many subjects. One subject of great concern to the almost all of
the townships and that is the ,.sharing formula on our state shared
revenue. _ For instance, the sharing .formula in 1979 was changed
. from 18% of the personal income tax receipts to 8% of the total
state revenue. Now, this partnership in sharing principle was
arbitrarily and unilaterally ended through the executive budget
for 1980 and 181. It appears to the people in attendance that
there is a change in the philosophy going from the sharing to a
state aide and assistance . This means in the past we were entitled
by the budget, by the law, from a specific amount sharing to the
state aide where the state will decide how much they are going to
give us and how much aide and assistance. Perhaps if this trend
should continue, one of the concerns is that it will mean the end
of the township form of government. That the townships , if they
must rely on taxation of properties alone for its source of funds,
that to me I am very much concerned when I see this trend because
the local town governments, which we feel is an essential part of
our -community, some nine hundred and thirty some odd town governments
in New York State. That was just one of the items discussed. . There
will be a resolution later and: that is concerning the the non-return-
able beverage containers. We have a resolution on the agenda.
.SUPERVISOR PELL: Thank you. Any other Councilmen wish to make
reports at this time?
COUNCILMAN MURDOCK: I ' ll just make a small report in that .Supervisor
Pell., Councilman Murphy and myself did have a meeting with Martin
Caren to discuss items of mutual interest and to see if we could
find some mutual agreement pertaining to the tank farms . He has
things that he is going to do in the future and get back to us to
see. We have agreed that 'we are both interested--it would be our
common interest for that property and he will be back to us with
his attorney,
SUPERVISOR PELL: Thank you: Anything else you want to bring. up,
Larry?
COUNCILMAN MURDOCK: Not at this time.
COUNCILMAN MURPHY: Just one. It really isn't a Councilman report
but is one that - I feel is important to the Town, is on the ferry.
study. There is going to be 'a public hearing or informational
meeting in Hauppauge on Thursday. The input from anyone interested
in commenting on improved ferry service. Then there will be one in
Connecticut. The final meeting of the committee will be in the
middle _
of March. I would like'' to, . as soon as we can set up a
date in the Town here, being that the Town is effected. We do
have the one existing ferry service, that we have an informational
meeting here also and that we .'get the input from the people. I
think it- would be a lot easier if they came here . We could have
someone come from the state, we will have the various brochures,
the reports, copies of them; that have been prepared so far of
the findings. These are only findings and they are only studies
and nothing definite. These are- only recommendations that will
be given to the governors of the .;State of Connecticut and New York.
As soon as we can arrange a ,date with the .Town Clerk, it will be
set up and you will have notification in the papers. It will be
between this. Thursday and the 15th' of March. Thank you.
SUPERVISOR PELL: . It- does effect your town, so I hope the press
does publicize the meeting, when .it will be held, - because it is
involved in our township,
Marie, Deputy Supervisor.
FEBRUARY 24; 1981 73
DEPUTY SUPERVISOR JOHNSON: On, Friday_. I attended a meeting of the
Long Island Association of Town ' ny ronmental Officials and a
number of interesting things were discussed. The matter of dog
control came up and I forgot to mention this in my discussion this
morning with the Board..-` The big problems the other towns in the
county and Nassau, as well, seem to have is the disposal of animals
that are picked up and destroyed and I kind of got double takes
all around when I said we had to dispose of one animal in the past
-year. They were very interested in our animal shelter and the way
it is run by the Animal Welfare League . There was discussion of
a method Babylon Town is trying to use for gypsy moth control.
This involves putting a 10 mililiter capsule of a substance called
Bidran into the tree. It would be very quick and easy to do, you
can use a low amount of manpower and what it would do is poison
the leaves to insects so that the caterpillars eating the leaves .
would just plain die. Despite assurances that the substance would
not harm humans or animals, it ' s a little questionable and they're
having trouble with the DEC and EPA as far as getting permission to
use it. The group is still trying to get uniform throughout the
two county area regulations and fines on shellfish and there was
considerable discussion of source separation as a solution to the
landfill problem. The bottom line seemed to be that if any town
is going to operate a source separation program with the intention..
of making money, forget it, the intention of perhaps breaking even,
forget it, i.t is not going to work. The best you could do and it
is a very worthwhile goal, is to save landfill space. The Town of
Huntington figures they save about 4% of their landfill space with
source separation of paper and metals .
I also attended a joint meeting of all the historical societies
in Town and they are going to be making some move toward getting a
landmark preservation area or landmark preservation commission in
Town.
I attended a meeting of the County Tricentennial Committee
and they are going to be looking for input from people in the Town
and I am sure if anyone is interested in getting involved with this
if they would contact the Town Historian or me we would be happy to
put you on the list .
SUPERVISOR PELL: Moving on to Public Notices, Councilman Murphy
will read them in the absence of Councilman Nickles .
II , PUBLIC NOTICES - COUNCILMAN MURPHY:
1. New York State Department of Environmental Conservation
concerning notice of complete application by Robert W. Brooks to
subdivide .parcels containing three existing dwellings into three
lots. Written comments are to be made to a Mr. Daniel Larkin , New
York State Department of Environmental Conservation in Stony Brook
by March 4th,
2. Department of Army, New York District, Corps of Engineers
concerning an application of Frederick Falconer to construct b=head, East Creek, Little Peconic Bay, Cutchogue. Written comments
by March 12, 1981 . to the Army Corps of Engineers, Colonel William
Smith.
3. New York State Department of Environmental Conservation
concerning notice of complete application by Mobil Oil for a State
Pollutant Discharge Elimination System. Written comments to the
New York State Department of Environmental Conservation by March
ll, . 1981 (March 27, 1981 to Mr. George K. Hansen, Chief, Permit
Section, up in Albany, Wolf Road.
4. New York State Department of Environmental Conservation
concerning notice of complete application by Eugene Bolter to
construct timber dock consisting of deck, fixed catwalk, hinged
ramp and float , Broadwaters Cove, Cutchogue. Written comments by
March 11, 1981 to Daniel J. Larkin, Stony Brook.
5. Public hearing in Stony Brook concerning Long .. Island Sound
Ferry Service Improvement Study. Public hearing to be held on T
Thursday, February 26, 1981 in the Dennison Building i%n Hauppauge
at 7: 30, public meeting room.
6. Cooperative Extension seminar on Accommodating Solar
Access on March 31 , 1981 from 7: 00 to 10: 00 P.M, , Yaphank,
7. New York. State Department of E_,_,r vironmental Conservation
concerning notice of complete application by Charles S'. Witherspoon
to subdivide 58, 000 sq, ft , lot into two lots on Horton Lane,
Southold. Written comments by' March 11 , 1981 to Daniel J. Larkin,
Department of Environmental Conservation.
74 FEBRUARY 24, 1981
SUPERVISOR PELL: I.' d like to add two things here. On the Mobil
Oil tanks.. Written comments by March 27th. Frank sai.d March llth.
The Transportation hearing that he announced is being held held
Thursday. I got my copy of the report this past week and Frank
.is going to get every Board member. a copy of the report. . It' s
about this thick (indicating) . 'So we will try to review them
before we have the public information hearing, among the Board
level so we will know exactly what' s going on and have a chance
to have a little knowledge of what the report said so we can have,
on the board level, input, though we might not. Those are the
points I wanted to make.
I'II COIU.4UNICATIONS - SUPERVISOR PELL
1. This pertains what we call the Flood Plain, V Zone areas.
The Town engineer Mr. Tuthill has .reviewed it himself with Mr.
Fisher, Building Inspector, and todav he gave his report to the
Board and there is a 21 day time limit we have to respond to it
and we will respond in time . The letter is being prepared today
to go out tomorrow. Tomorrow is when the ,21 days are up. Mr.
Tuthill is doing a fine job on this. He has many zones that were
not changed. He has already gotten the Washington people to change
beneficial to our Township. If any of you people are really interested
you should sit down and talk to him about it. He is becoming very
astute in this flood plain insurance.
. 2.. Communication from the Suffolk County Community College
requesting road signs to the lab" they have down at Cedar Beach
- Point in Southold. We will see what we can do to help them out .
That might turn out to be a Zoning Board problem.
. 3. " Letter from our county attorney Mr. Gilmartin saying that.
he has informed Mr. Meyers that there .can be local police lists.,"
for the townships. This is something that your Town Board has
been after for quite some time. We have asked legislation to be
introduced upstate but it never got out of committee. It was
interpreted by the county attorney' s office it can be done and
we have .-been so informed.
4. Letter to Mr. Lang and he distributed to the .rest of the
east .end towns, talking about the-7th Sauad. A meeting will be
held,.Ma.rch 20th to look at the problem we are facing with the ' 7th
Squad "right now.
5. A letter from Mr. Meyer, Civil Service, informing us that
we can apply. When we apply fora-police list now,we can apply for
a local list. .
6. Pertains to the bridges on New Suffolk Avenue, Mattituck
road, Mud and Downs Creek bridges- and we do have to have an-
environmental impact statement because we say at the Town Board
this will have a significant effect on the environment. We have
forms we have to fill out and hearings that have to be held along
these lines.
7. A letter from H2M. Larry, you want to comment on that?
A report on the landfill test wells they put in. Larry is the
chairman of our Landfill Committee.
COUNCILMAN MURDOCK: It ' s just a preliminary report required by
law to show that we are monitoring our 208 Solid Waste Management
Program. The county has drilled three or four test wells for us
on property surrounding the landfill and so far we are doing well.
It shows only one well with a minimal amount of leachate in it and
there will be a final report but it doesn' t give the date. It says
they hope it will be by March 31, 1981.
SUPERVISOR PELL:
8. In reference to fishing on Kenney' s Beach. I 'm going to
say what beach is left up there. That, is a problem. A gentleman
has recommendations made to the Town Board under the Local Law,
Recreational Law. We know Mr. Dean can set rules and regulations
up there now, he has the authority to do it under the new. law we
did' Pass a little while ago. ' He will take appropriate actions. as .
the,'.;„Town directs him to take. We will reply in that vein.
: ;.There is a public hearing at 3: 30 and it is not 3: 30 yet .
FEBRUARY 24,: 1981 75
Moving on to Resolutions.
V. RESOLUTIONS
1. On motion of Councilman Murphy, seconded by Councilman Drum, it was
RESOLVED that the application of Florence Steiner, dated January
15, 1981, for permission to maintain a single family trailer on
right-of-way off southeast side of Main Road, Mattituck, New York,
be and hereby is renewed for a six (6) month period.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
2 . 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 with Briarcliff
Landscape, Inc, for a one year. Lawn and Shrub Program for the
Southold Town Hall at a total cost of $651. 00; and for a one year .
Lawn and Shrub Program for the Southold Town Police Headquarters
at a total cost of $543. 00.
Vote of the Town Board: Ayes:- Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
3 . On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the application of Martin Sidor, dated January 15,
1981, for permission to maintain a . single family trailer off south
side of Oregon Road, Mattituck, New York, be and hereby is renewed
for a six (6) month period.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman,
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 4 is under the medical plan the Town has.
I will try to explain this, if I can. The medical law reads , any
person employed by the Town that makes $2, 000. 00 or works 20 hours
per week shall be entitled to complete coverage under the medical
group Blue Cross plan that fulltime employees have. The state law
also says the Town Board can set its .own requirements . Many towns
have set requirements higher than this $2, 000. 00. Today the Town
Board did discuss this. We are going to set new goals that have
to be met before people are eligible for this coverage. Blue Cross
is the biggest item increase in this year' s budget from last year.
It went up about 540-55%, the projected increase as of January 1
and July 1 we get another raise of 35%. So being a little bit on
the conservative side, with inflation rates, the Board is going to
set at this time new rates . Now, this will affect only the new
employees that come to work parttime and employees for the Town '
after today. Anyone working yesterday will .be covered under the
old rules . At -this time I will ask somebody to offer. it . .
4. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold hereby
establishes , effective February 24, 1981, a minimum annual salary
base of $5, 000. 00 per year and a minimum work week of at least 30
hours per week, for all new employees to be qualified for coverage
under the medical insurance plan for the Town of Southold.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pella
This resolution was declared duly adopted.
SUPERVISOR PELL: It is now time to do the public hearing, so. I
will ask for a recess for the amount of time it takes to conduct
the public hearing.
On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that a recess be called at this time, 3: 30 P:M.., for the
purpose of holding a public .hearing on% a proposed Local Law No. 2 _-
1981, "A Local Law in relation to authorizing the issuance of
appearance tickets by public servants of the Town of Southold" .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
Meeting reconvened at 3: 35 P.M.
76 FEBRUARY 24, 1981
5. On motion of Councilman Drum, seconded by: *Councilman Murphy, it was
RESOLVED that the Town Board' of the Town of Southold award the
bid for supplying the Town of Southold with five new 1981 Special
Police Type model four door sedans to .the lowest bidder J. J. Hart,
Inc. at a bid price of $40, 876. 35, which includes the trade-in
allowance for five cars presently owned by the Town of Southold
(less special equipment on said cars ) , and including the options
of air conditioning and limited slip differential.
Vote of the Town Board: Ayes. Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 6 is a salary increase for one of our
CETA personnel. CETA II-D program is ' paid to the Town and the
Town pays the employee . It is '.not paid directly from the County
like CETA 6 is, therefore we have to -do it this way.
6 . On motion of Councilman Murdock, ,seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold grant Elizabeth
Jane Moffatt, CETA II-D employee, her Step I ,salary increase in the
amount of; $500. 00 effective March 3, 1981.
Vote of,'the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
7. On motion of Councilman Murphy; seconded by . Councilman P4urdock, it was
RESOLVED that the Town Board of the Town of Southold award the bid
to Tryac Truck & Equipment Co.-, Inc., for supplying the Town. of
Southold. Highway Department with one 1981 Internat'ional 2554 Truck
at $33,993. 00 delivered, as per bid dated February 19, 1981.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, ' Supervisor Pell.
This resolution was declare'd' duly adopted.
8. On motion of Councilman Drum, seconded by CouncilmanMurdock, it was
RESOLVED that the Town' Board of the Town of Southold award .the
bid to Suffolk Cement Precast, Inc. for supplying the following
to the Southold Town Highway Department:
15 - 3' x 8' 'Drainage Rings @ $105. 00 = $1, 575. 00
_10 - 416" x 8 ' Drainage Rings @ $157. 5.0 = $1, 575. 00
15 - 316" x 8' Drainage Rings @ ,$122. 50 = $1, 837. 50
10 -. 3' x 8' Drainage Domes @ $140. 00 = $1, 400. 00
more or less as may be needed, as per bid dated February 19; 1981.
Vote of .the Town Board: Ayes: Councilman . Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
9. On motion of Councilman Murdock, . seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town. of Southold award the
bid to _Chemung Supply Corporat-ion for supplying .the .Southold Town.
Highway Department with' the'' following:
500 ft . - 12" Corrugated Aluminum Drainage Pipe - $4. 53 per lin. ft .
Corrugated Aluminum Drainage Bands - $4. 53 each
500 ft. - 18" Corrugated Aluminum Drainage Pipe - $6. 73 per lin. ft.
Corrugated Aluminum Drainage Bands - $6. 73 each
more or less as may be needed; as per bid. dated. February 11, 1981.
Vote of the Town Board: Ayes Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
10. On motion of Councilman Murphy, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town. of Southold award the
bid to John F. White for supplying the Southold Town Highway
Department with 2, 500 tons, more or less as may be needed, of
3/8" Bluestone at $16. 64 per ton, as per bid dated February 19,
1981.
Vote of the Town Board: Ayes: ; . Councilman Murphy, Councilman
Murdock, Councilman_ Drum, Supervisor Pell ..
This resolution was declared .duly adopted.
11. On motion of Councilman Drum, , seconded by Councilman Murdock., it was
, RESOLVED that the Town Board of the Town of Southold award the
,brid to Robert L. Bergen Oil Co. , Inc, for supplying the Southold
Town Highway Department. and Town 'Disposal area with 10, 000 gallons,
more or less as may be needed, of. Diesel Fuel at a price of $. 035
FEBRUARY 24 , .1981 77
cents below their base price;.whi;ch.;-was., $1. 196 per gallon on February
19, 1981, as per bid dated February 19, 1981.
Vote of the Town Board: Ayes : Councilman- Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
12. On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold will hold a
public hearing at the Southold Town Hall, Main Road, Southold, New
York on the 24th day of March, 1981 , at which time all citizens of
the Town shall be given an opportunity to provide written and oral
comments with respect to the amendment of the current Town Budget
relative to the use of Federal Revenue Sharing .Funds by transferring
and/or reassigning the sum of $299, 023. 83 as follows :
$41, 000. 00 - Police Equipment
78, 000. 00 - Waste Management
16, 000.00 - Land Acquisition
34, 592. 01 - Bulkheading
30, 604. 52 - New Suffolk Avenue Road Improvement
11, 000. 00 - Street Lights - Bond Anticipation Note
11, 886. 72 - Street Light Equipment
10, 000. 00 - Village-.of ,Greenport
46, 604. 33 - Highway Equipment
9, 049. 14 - Town Hall Sprinkler System
10, 287. 11 - Senior/Youth Center Equipment .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
13. On motion of Councilman Drum, .seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold appoint
Andrew S. Pitre a member of the Southold Town Board of Assessment _
Review effective this date, February 24, 1981, for a five year term
to expire on February 24, 1986. -
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 14 through 18 you do not have on your
agenda, I will -try to explain them as we go along or ask the
different Councilmen to. Number 14 is a transfer of funds from
the General Fund Whole Town, $2 , 750. 00 from Contingency Funds
A1990. 4 into the Blood Pressure Computer Account A4030. 4.
14. On motion of Supervisor Pell, seconded by Councilman Murphy, . it was
RESOLVED that $2, 750. 00 be and hereby is transferred from General
Fund Whole Town Contingent Account A1990.4 to Blood Pressure
Computer Account A4030.4.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 15 concerns the Disposal Area Committee.
I will ask Councilman Murdock to explain it and make it.
15. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Southold Town Board Disposal Area Committee be
and they hereby are authorized to make necessary trips, at Town
expense, to inspect municipal solid waste treatment plants, for
the purpose of determining the direction the Town should go iD
handling their municipal solid waste.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: The Committee has been studying, for your
information, other alternatives other than what H2M is leaning
towards. They want to make sure that they cover all avenues
before we take the final step which way to go and they have a
couple of projects to go look at and different people have been
intalking to the Board and , now they are going to go out - and see
what it' s all about. It ' s a good investment for the few dollars
for them to come back and see what ' s going on. Number 16,
Councilman Drum.
78 FEBRUARY 24 , 1981
COUNCILMAN DRUM: Before making the resolution, the Town Board.
has considered legislation and studied and discussed to considerable
length the use of the non-returnable beverage container. I realize
it is before Suffolk County at the present for consideration.
16. On motion of Councilman Drum, seconded. by . Councilman Mt,.rphy;
WHEREAS, the quality of our environment has been and is being
detrimentally affected by the accumulation of debris .in our
neighborhoods, and
WHEREAS, in large measure this debris is a result of discarded
beverage containers, and
WHEREAS, the New York State Legislature and Suffolk County
Legislature has been studying this problem, 'and
WHEREAS, the problem has grown. steadily worse, now, therefore,
be it
RESOLVED that the Town Board of the Town of Southold urges the
New York State Legislature to take immediate action to .enact
Senate Bill 2831/Assembly Bill 3692, entitled "AN ACT to amend
the environmental conservation law in relation to litter and
solid waste control" , and be it further
RESOLVED that the Town Board of the Town of Southold urges the
Suffolk County Legislature to take immediate action to enact a
''Local Law regarding a beverage container control law" .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, - Councilman Drum, Supervisor Pell. ,
This resolution was declared duly adopted.
SUPERVISOR PELL: I' d like to say the public hearing is being
held today, our Town Board day. The hearing will .be held two
weeks from today when we also have Town Board meeting, so the
county, public hearing and our Town Board just hit the same time.
We will have this resolution to be presented up there when they
have their official public hearing. I also hope .you heard ,what
Councilman Drum read. Also the State has proposed a ban also.
COUNCILMAN DRUM: The Association of Towns proposed this. All
of the towns in New York State, they voted to support this
legislation.
SUPERVISOR PELL: This' is statewide as well as county what we
-are endorsing today.
17. On motion of Councilman Murphy, seconded by Councilman Murdock, it was
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for bulkheading at Gull Pond Inlet,
in accordance with plans and specifications prepared by Town Engineer
Lawrence Tuthill.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
18. On motion of Councilman-Murdock, seconded by Councilman Drum, it was
RESOLVED that Building Inspector Hindermann be and he hereby is
granted permission to use a Town vehicle . to attend the Solar Access
Seminar at the Firematics Training Center, Yaphank, New York, on
Tuesday evening, March 31, 1981, from 7: 00 to 10: 00 -P.M. , and
transport other Town employees wishing .to attend this seminar.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
_.SUPERVISOR PELL: 'That ends the prepared agenda. I will ask the
Councilmen if they have anything else they wish to bring up at
this time. Larry?
COUNCILMAN MURDOCK: Yes, since we had such a long and complicated
public hearing, I ' d like to make a resolution authorizing the
passage of Local Law No. 2 for 1981.
19. On motion of Councilman Murdock, seconded . by Councilman Drum,
WHEREAS, a proposed Local Law No. 2 - 1981 was introducted at a
meeting of this Board held on the 27th day of January, 1981, and
WHEREAS, a public hearing was held thereon by the Board on the
24th day of. February; 1981., at'.which time all interested persons
were given an opportunity to 'be "heard thereon,
FEBRUARY 24 1981 79
NOW, THEREFORE, BE, IT RESOLVED,,'th.at_, Local: Law No. 2 - 1981 be
enacted as follows:
LOCAL LAW NO. 2 - 1981
A Local Law in relation to authorizing the issuance
of appearance tickets by public servants of the
Town of Southold.
BE IT ENACTED by the - Town Board of the town of Southold as
follows:
Section 1. The purpose of this Local Law is to authorize
public servants of the Town 'of Southold to issue and serve
appearance tickets in connection with violations of state
statutes, local laws, ordinances, or rules and regulations of
the Town of Southold which the public servants are authorized
or required to enforce.
Section 2. The following public servants of the Town of
Southold are hereby authorized to issue and serve an appearance
ticekt with respect to the violation of a state statute, local
law, ordinance, rule or regulation of the Town of Southold that
such public servants are, respectively, required to enforce, to wit :
(a) Constables and Bay Constalbes - any statute, local
law, ordinance, rule or regulation .involving the
public health, safety and welfare.
(b) Dog Control Officers - any statute, local law,
ordinance, rule or regulation involving the
control of dogs.
Section 3. An appearance ticekt other than for a parking
violation shall be served personally.
Section 4. This local law shall ,take effect immediately.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Anything else, Larry? Councilman Drum?, _
Councilman Murphy?
COUNCILMAN MURPHY: Yes, there' s one thing, Suffolk County is
considering lifting the banon detergents and we would like a--
little input from the people in the community on their feelings.
Personally, my personal feeling is that it•�shouldn' t _be lifted
and. I would like to offer some resolution at our next meeting
reques.ting the county not to lift it and hopefully we could'-'have
this passed. I don't see any advantage to having it lifted and
we could only benefit in helping keep our water clean.
SUPERVISOR PELL: Thank you. I was asked today, on my .way in to
the Town Hall this afternoon, by one of the press that ' s here,
if the Town of Southold will be affected by President Reagan' s
programs. My answer was, yes. We already have felt CETA 6.
There are three CETA programs going on in Southold Town. CETA 6
is the one they are planning to phase out. As you read in - Newsday,
500 CETA jobs must go. Southold Town has approximately six or
seven people on CETA 6 throughout the Town. We were informed that
two were going to be let go. Will it affect the Town? In a way
it will, but we do not have in Town any CETA concentration in one
particular area. They are spread out . CETA 6 includes the police
house, the highway, the Town Hall and the Nutrition Program in
t
Greenport. We have six people spread out in four different
So, as these two are going to be- let go the 27th of this
month, it will affect us, yes, it will be felt but other people
will have to pick up the slack or the services that they perform
will - not have to be done. What else is coming down' the line to
affect us, I don' t know. But this is the first affect we have.
We will have to find ways to tighten our belt. The Town Board
did approve, last year, the moving of the Justice Court into the
Town Hall and saved the Town approximately $9, 000. 00 in outside
revenue. Money we don' t have to pay out. All the municipalities,
if you went to the Association of Towns meetings - Comptroller
Regan of . our state, his whole theme was. tighten your belts, perhaps
consolidate. Consolidate some of the villages with the towns and
some of the towns with the counties. I can' t say I agree with him,
but this was what he said in his speech. Every municipality will
be looking on ways to tighten their belts. Our President is giving
us the lead. This is what he wants done and it ' s up to us to do
it. I ' m sure this Town Board, as every other town , will be looking
for ways to best economize. We we have in the past, we will just
have to relook and perhaps do without- some of the things- we would
like' to have but evaluate some of the things we can' t have. Yes,
it will be felt in Southold Town. I answered that question.
80 FEBRUARY 24, 1981
COUN-OILMAN DRUM: I think it ' s a healthy situation, Bill. I ' really
do, and I think we must get behind and support the program. It ' s
a mandate from the people, I guess, I know. . When they mentioned
that there was some 25, 000 locations throughout the United States
that managed these federal funds; I hope we can put the program
through where we eliminate those inbetween people who are managing
federal funds and they will• come directly :from Washington without
that middle-management when we get some of those federal funds .
SUPERVISOR PELL: I agree . The Association of Towns brought a
lot of this out. It was well. The speeches we heard from the
Governor and Mr. Regan right on down to the seminars we went to
was very. well attended and very interesting.
That' s. all I have. Anybody from the audience like to speak
on any point?
MR. FRANK BEAR: I am very glad to hear Councilman Murphy say he
would like to see the law banning detergents. It is a very good
way for us to go. I hear a ,lot of talk about how 'many detergents
come in from outside of the county but I don' t think the amount is
great. Certainly not in this part of the county. When I hear him
say that, I at least for one support you on that. I would also
like to thank the Board for the resolution that was passed on the
bottle bill. I just wanted to ask one question, does that mean
you would also support the county legislation on that?
COUNCILMAN DRUM: In the resolution I included Suffolk County
Legislature.
MR. BEAR: I wasn' t quite sure .
SUPERVISOR PELL: County and State. That's the point I want to.
make sure. We are supporting the County and we are supporting the
State one.
COUNCILMAN DRUM: The resolution said .that the statewide legislation,
including Suffolk County.
SUPERVISOR PELL: Clarification point we need up here. Counsel,
does that resolution
TOWN ATTORNEY TASKER: Is it the intention that you_ are going to
support legislation presently pending. before the county legislature
as well as the state legislature?
SUPERVISOR::!PELL: Yes.
TOWN ATTORNEY TASKER: Then I would suggest that it . be amended to
clarify it.. I do not think it is clear. I think the resolution
should be to support the enactment of a Bottle Bill by the Suffolk
County Legislature as well as a Bottle Bill to be .enacted by the
New York State Legislature.
COUNCILMAN DRUM: I would prefer not to use the term' "Bottle Bill" .
I prefer to use the term "unreturnable beverage containers" .
SUPERVISOR PELL: - It was my intent at the Board working session
today that we include both of them.
COUNCILMAN DRUM: I will amend my resolution.
COUNCILMAN MURPHY: I will amend my second.
SUPERVISOR PELL: It will stand amended. Good point you brought
up, Mr. Bear.
County Exec' s Office, do you have anything you would like to
say to us?
FEBRUARY 24, 1981 81
JOYCE ROSCOE, Suffolk County Executive' s Office: The county
legislature is going to hold a public hearing on the Local Law
which will amend the Farmland Development Rights Bill .and if
anyone has any input on this, it will be held in Hauppauge,
March loth. Now, as I understand the change in this, primarily
it ' s being done so that the committee involving the Farmland
Development Rights will have expanded power. Right now the
committee; . the Farm Select Committee, only has the right to choose
the property to be purchased by Suffolk County for the development
rights and if any of you have been following this, we had problems
with a farm in, I believe it was Riverhead .Town, where the people
wanted to build a barn and they were told that they. could not do
this. So the county executive took this into consideration and
he has proposed a Local Law which will allow a farm committee to
be formed consisting of representatives of each town in Suffolk
County plus nineipeople that he will appoint to the committee .
They will be an on-going committee to review problems that farmers
who are involved in the Development Rights Program may have as
far as continuing on with their farming procedures. It doesn ' t
seem reasonable to say to a farmer, yes we want you to farm, but
no, you cannpt have a structure, a barn or guidewires on your
property and present problems that way and this is the intent
of the county executive in amending this law. If anyone would
like to send correspondence in, it would be very much appreciated.
Other than that we have nothing else at this point .
SUPERVISOR PELL: I spoke to you two weeks ago about this. How is
this different from the other bill we were talking about?
MRS . ROSCOE: The other bill, the other law, has a committee and
the committee is used solely to review property to be purchased
by Suffolk County for Farmland Development Rights. Any problems
that farmers who are involved in the program have have to now go
to the Suffolk County Legislature for any easements.
SUPERVISOR PELL: That' s the Noto Bill.
MRS . ROSCOE: No, the Noto Bill is just a farm advisory committee
which would provide background input to the county legislature on
matters relating to agriculture. This would be specifically for
the Development Rights Program.
SUPERVISOR PELL: Where is the Noto Bill?
MRS . ROSCOE: The Noto Bill is in public hearing today. The
county executive' s proposal to change the Local Law will be in
public hearing on the loth of March.
SUPERVISOR PELL: Then they are two completely different things?
MRS. ROSCOE: Two completely separate bills.
SUPERVISOR PELL: That ' s what John Nickles said last meeting, that
they are different.
MRS. ROSCOE: I ' ve spoken to' the Farm Bureau on it. There were
some changes that they wanted and the county executive has spoken
with them. The county attorney has spoken with them. Their
concern was that Peter Cohalan is sympathetic to the farmers
and they wanted to know what would happen on down the line if
and when Peter is not county executive. Of course, the problem
with that is you can ' t have anything ironclad. If the next county
executive chooss not to *convene the committee then for all intents
and purposes the. Farmland Development Rights Program is dead. So
you can' t have it absolute, but what Peter is trying to do is make
it a workable program so that the farmers will continue to be involved
in it.
COUNCILMAN DRUM: You did mention that each township would have a
representative.
MRS. ROSCOE: Each township will be asked to provide a representative .
COUNCILMAN DRUM: Will the townships be asked to provide this.
82 FEBRUARY 24, 1981 _.
MRS . ROSCOE: Yes, .it will be with the approval of the Town Board.
Certified by the Town Board and then the county executive will •
approve nine more; six of which he has said will be farmers or
in agribusiness. Other than that; that ' s about all we have at
this point in time today.
SUPERVISOR PELL: I 'm a little bit confused and concerned. Noto's
Bills is advisory on farm development rights?
MRS. ROSCOE: No, just on anything in relation to agriculture
in Suffolk County. I don' t know what input has been provided
with that or where that is going. This bill that the county
executive has requested is specifically for the Farmland Develop-
ment Rights Program.
SUPERVISOR PELL: Anyone else have anything they would like to ask
Mrs . Roscoe before she goes? . Mrs . Roscoe; thank you very much
for coming. Anybody else wish to address the Board? If not, I
will ask the Board to recess this meeting. I have a couple of
personnel problems with contracts and whatnot.. I will go back
into the Board room and go into executive session with' the Board
to discuss personnel and contracts with them. Then we will
reconvene the meeting and take the necessary action if the Board
desires to. There is one item I . have to discuss with the Board
alone and if the Board wishes to act today.,we will .act . If not,
we will adjourn after we discuss it . Any questions about it?
On motion of Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that this Town Board meeting be. recess at .4: 00 P. M. , to
reconvene following executive session.
Vote of the Town .Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.-
This resolution was declared dulv adopted. .
4: 05 P.M. - Mr. Frank Bear asked the Town Board if they would
support an information^i'necon5unction with the North Fork
Environmental Council, League of Women Voters and North Fork
Audubon Society relative. to Coastal Zone Manama ment. The
primary purpose is to discuss what the Coastal Zone Manage-
ment program which is being considered by 'the state legislature
would consist of and how it would affect the Town of Southold.
The Board agreed to such a meeting.
EXECUTIVE SESSION
4: 10 P..M. - The Board discussed the p.ossible purchase of land
adjoining. the Disposal Area, as well as the necessity. to increasing
the per yard cost for sand purchased from the Disposal Area. by the
public.
The regular meeting reconvened at 4:45 P. M.
20. On motion of Supervisor Pell, seconded' by Councilman Murdock, it was
RESOLVED that that the per yard cost for sand tickets purchased from
the Southold Town Clerk for sand from the Disposal Area be and
hereby is increased to _$1. 00 per Bard (plus tax) effective
February 25, 1981 .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell
This resolution was declared duly adopted.
21. On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that Richard J. Cron,, Richard F. Irk, and Francis J.
Yaka r
boski be and they hereby are retained as -S-pecial Counsel: .
for the Town of Southold to perform such legal -'services at such
compensation and under such terms and conditions .as contained-
in agreements prepared by the Town Attorney and approved by this
Board and it is further
RESOLVED that the Supervisor be and he hereby is authorized and
directed to execute such agreements on behalf of the Town.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
FEBRUARY 24, 1981 83
COUNCILMAN. DRUM: Mr. Cron and Mr. Yakaboski have been performing
services in the past for the Town of Southold.
On motion of Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 4:48 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
udith T. Terry
Town Clerk