Loading...
HomeMy WebLinkAboutTB-05/05/1981 173 'SOUTHOLD TOTNN BOARD May `5, 1981 WORK SESSION 9: 00 A.M. - The Board audited the outstanding bills for all departments. 9: 45 A.M. - Venetia'�'` McKeigha_, Site Manager of the Southold Town Nutrition Program met with the Board .to discuss---the shortage "of''funds for necessary employees at the center:. -- She has attended meetings with Congressmen Carney and Carmen and Adelaide Silkworth of. the Suffolk County Office for the Aging and the concensus of opinion is that the money for a bus driver will be available from community service money on a state level which should be received by July. In the meantime Mrs. McKeighan asked. for an advance of $745. 00 to pay the bus driver until July, at which time the Town, will be reimbursed, if she is permitted to do so by-the Office for the Aging. A resolution advanc- ing the $745. 0.0 .was .placed on the agenda. 10: 00 A.M. - The Board began reviewing the agenda. Discussion was held relative to .repaying the Village of Greenport the $10, 000, 00. still oweing them. The -budget will have to be carefully studied to determineif. or where the money can be taken from., The Board will meet with the Robin Ie and Advisory Commute on May 26, 1981, 7: 30 P.M. , to discuss the Committee' s final report. A telephone call was received from County Legislator Gregory Blass requesting the Town Board to adopt 'a resolution opposing the _proposed reapportionment of Legislative District No. 1 into Legislative District No. 2. A resolution in apposition was placed on the agenda.. Councilman Murdock reported on his trip to Albany on April 28th to testify before the New York. ,State Department 'of Public Service. <Board on Electric Generation Sitine, and the Environment. Mr. Murdock's . report is detailed under T, Reports during the public meeting at 7: 30 P.M.- Councilman Murdock also reported on his and Councilman Murphy' s attendance at _Resource Recovery Procurement and Financing works p at Westbury, New York on May. 4th, sponsored by The New York State Department of Environmental Conservation, Division of Solid Waste, in cooperation with Blyth Eastman Paine Webber, Inc. A detailed report on this subject was given by Councilman Murdock under I. Reports during the public meeting at 7: 30 P .M. reported Councilman Drum^that he met with County Executive Cohalan concerning the Tnwn_ dredgin2 projectse-and was advised there will be funds avail- able for dredging Corey Crek andyill CrgaLi, * All that is needed is a resolution from the County Legislature. Tip tle Creek, halls Creek . and Brushes Creek can be dredged with the small county dredge which is expected to be available. The county funds available . for the Corey and Mill dredging is approximately $100, 000. 00. Councilman Drum expressed concerned with the Board of Trustee' s "untimely action" .requiring Trustee permits for the dredging projects. This. could cause a halt to all dredging of Town creeks due to the length of time necessary to obtain permits. This will be discussed further at 1: 30 P .M. when the Board meets with the Town Trustees and John Guldi, Principal Engineer, Suffolk County Department of Public Works; Division of Waterways. .Councilman Nickles reviewed his report to the Town Board relative to the meeting on insurance held with the Supervisor and William Price of McMann Price Agency. Discussion of the Town' s insurance. was held, and whether to extend. personal injury. coverage to all. employees for acts "beyond the scope of their duties" . The Board is opposed to this. n 174 MAY 5 , 1981 Discussion was held concerning a letter received from County Comptroller Caputo transmitting the opinion of State.;Comptroller Regan that the entire Detectives' Division of -the Suffolk County Police Department- should be funded Countywide through the General - Fund. The Board felt a committee should be formed .to consider revision of the Suffolk County Charter in this respect. , A resolution was placed on the agenda for the regular meeting at 7: 30 P.M. Supervisor Pell reported that . he will be out of town 'on . May 6th and 7th on a trour of New England fisheries with the Suffolk County . Commissioner of Commerce, Sear Grant and other Town supervisors. Supervisor Pell reported' that the .following . action was taken at the 8 : 00 A.M.-Police Committee meeting: To hire Michael Fingerle as a part-time police officer (resolution placed on agenda) ; Chief ' Cataldo appointed Patrolmen Reiter and Burke. to the detective division; Patrolmen Conway, Reiter., Burke and Bannon will be attending the county. detective school; there might beta need for a part-time bay constable; Patrolman John Clark is attending Suffolk County Scuba Diving`TtAining School (resolution placed on agenda) on his own time, at his own expense. y The Board recessed at 12: 15 P.M. for lunch. 1 : 35 P.M. - The Board met with John Guldi, Principal Engineer for .the Suffolk- -County Department 'of"'Public Works, Division of Waterways, and Trustees Hataier, Kujawski; . Staples and Stoutenburgi. Councilman Drum stated that in February he met with the- Trustees to discuss creek dredgin„a proiec • they studied the charts submitted by, Mr. Guldi on Proposed dredging projects, made - inspections of the creeks and estab- lished a priority list. Councilman Drum then went` to the county and obtained county dredging permits.. Sometime after that:.a freeze was put on all funding by the county executive because of ' the budget crunch, this included capital projects.. As of yesterday, two of the proposed projects, Corey Creek -ai d" Mill Creek"`were -approved, plus Wickham Creek which is a separate permit. Mr. - Guldi said Little Creek could probably be taken care of by the small dredge, 'as well as some others. --Trustee Stoutenbrugh urged . that Mill .Creek ' be taken care of as soon as possible as it 'has the largest tern colony-, on Long Island. --. Councilman Drum said that lie -'and-'.'Mr: 'Guldi th ought'ever;ything was in order for commence dredging in '-tne 'near future, when .he 'received a call from Mr. Guldi- stating that he had received. 'a letter from the Town Trustees saying it was necessary that permits be obtained from them for any dredging work at the mouths' of the - creeks. This concerned Mr. Guldi a great deal, since .'he -.was under 'the . impression, as far back as February, that Trustee permits would not be required. --Trustee President Hataier stated her _Board. never._wanted:.to embarrass or inter- fere, but their . agency has--. the jurisdiction ;in this area. ' Trustee Kujawski said their Board should have been consulted concerning permits. Trustee Staples said that the Division of Waterways should be working directly with. the' Trustees and Councilman Drum should be the laison person. between the Trustees, Town Board and County for funding. The Trustees advised the Board that. they are holding a meeting on May 6th and they will adopt a resolution not to require- permits, which should . take care of the problem this year. However,; ,they.,would like the Division, of Waterways to deal directly with .,_the. Trustees in the future as permits will be requ red .next year '. Trustee Staples said there are no papers on file with. the Trustees for the .proposed. projects and requested Mr. Guldi to supply same so. the Trustees can consider where . the spoil is to be placed. Mr. Guldi advised he would do this; but if the Trustees decide at this time they are not 'agreeable with the location of the spoil,. the projects could be dropped for this ,year, . since he would then have to make `application .to the DEC and Corps of Engineers to amend the permits, which' may 'or may. not be granted. He generally applies to place the spoil on- both sides of the mouth, although. it will probably only be placed o7 one side, to avoid possible complications if a property owner objects to the spoil being placed in front of his property. Councilman Nickles .pointed out to the Trustees that the Trustee permits are limited to one year and they should take into consideration that.. the permits from the DEC . and Corps of Engineers are generally ten year maintenance dredging permits and most of them have at. least -five more years to. run. Council- man Nickles said he feels the Town Trustees should draw up a priority list and then. present it to .the . Town Board or Supervisor and the- Town-, MAY 5, 1981 175- Board should carry the' matter forward fundifig-wise in dealing with the - County Department of Public W o' r is.�i`!,�''" ounc.i iman-Drum concurred that the , Trustees should compile a proposed priority.-list, but the ultimate decision concerning the final priority list, including the location . of spoil should remain with the Town Board. The Trustees agreed with this proposal. They will get a list of all permits and support- ing data that the County has and study them for the 1982 dredging projects. 2 : 45 P.M. - .James McMahon. Director of the Southold Town- Delinquency -Diversion and Prevention Program addressed the Board concerning his proposed summer program for younger children in the community. This proposed program should be able to accommodate e approximately 120 youngsters and he' would like 'to get the applications out to the schools as soon as possible. He estimates the cost for the summer program to be $3, 000. 00 from the $40, 000. 00 grant . Mr. McMahon was asked to work out the details of use of the building with Highway Superintendent Dean report back to the Board before moving. forward. Mr. McMahon also advised the Board that the car ordered under the county contract for his use is ready for delivery but the necessary funds are not available in the grant fund , and requested an advance. from Town funds. Supervisor Pell will study the budget to determine if such funds are available. EXECUTIVE SESSION 3: 30 P.M. Chief Cataldo 'spoke briefly to.. the Board -concerning a- personal matter. 3: 40 P.M. The Board resumed reviewing the agenda. EXECUTIVE SESSION 5 : 00 P.M. The Board discussed the PBA- contract . A regular meeting of the Southold Town Board was held on Tuesday, . May 5, 1981 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 7: 30 P.M. with the Plbdge ':of Allegiance to the Flag. Present : Supervisor William R. Pell, . III Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence 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 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 $19, 442-. 01; General Fund Part Town bills in . the amount of $11 , 481. 10; Highway Department bills in the amount of $15, 366. 75; Fishers Island Ferry District. bills in the amount of $31, 537. 90; Federal Revenue Sharing . Fund bills in the amount o' f $3, 301. 71, and Division of Youth - 'SDDPP Program bills in the, amount. of $308. 26. 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 minutes of the -April 21, 1981 meeting of the Southold Town Board be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman . Murdock, Councilman Nickles, Counclman .Drum, Supervisor Pell. This resolution was declared duly adopted. 176 MAY 5 , 1981 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 4: 00 P.M. , Tuesday, May 12 , 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. I . REPORTS - SUPERVISOR PELL: 1. Town Trustees for the month of March 1981 . 2. Building Department for the month of April 1981. ,. 3. Supervisor' s- monthly report - April 1981.. 4. Fishers Island Ferry District monthly report - April 1981. 5. Superintendent of Highways, Mr. Dean' s monthly report - April 1981. 6. _Judge Tedeschi' s monthly report April 1981. 7. Town Clerk' s_ monthly report - April 1981. 8. The Robins Island Committee turned in the final report- to the Board in the past week and it is .on file in the Town Clerk' s Office- and in my office. 9. Councilmen' s reports - Councilman .Murdock---=_ COUNCILMAN MURDOCK: Last Tuesday I went to Albany to testify at the Public Service Commission ' s Siting Board in' reference to the coal fired plant at Jamesport. However, they were not taking- public testimony. The told us when we got up there, but we did have a two hour meeting with Mr. Samuel Madison and two people from the DEC in charge of their environmental agency, their environmental bureau. Today I just received a letter from him .which I gave copies to all members of the Town Board. He acknowledges that they placed .the Town' s resolution on file in. the proceeding and he . also .says that we will be able to pursue our interests and advance our position during the process of reviewing the various environmental packages to be filed by the applicant which is LILCO and he says that my name, on behalf of the Town, has been added to their mailing list and we . will receive copies of all communications pertaining to the coal fired plant in Jamesport. . As- the people know, .the Town Board met at a special meeting last Monday and passed a resolution . objecting to the coal fired plant because of various reasons,.. one being the effect ..of coal on our groundwater, the second being that if they bring it in by barge the effect on the shoreline because of the jetties where Levon Properties had jetties and was forced to take them down. The effect on our crops and our roofs because of acid rain from the smokestack emission and the total environmental effect of a plant of this size in a narrow portion of the Island. 'Apparently the Town of Riverhead has received .a communication of our objections .because there was a phone call to this office from the Supervisor want- ing t.o talk to us about - our position. Unfortunately we were busy all day and I couldn' t speak to Mr. Janoski. --Yesterday Councilman Murphy and myself were at a seminar on Resource Recovery Procurement and Financing run by the State DEC and Blyth Eastman Paine Webber, Inc. It was a very informative meeting. Sometimes probably a little too technical for me but I can' t speak for Frank. . But it was at ,times a little too technical for me but very informative about financing both on a public level and on a private level and it. will be very handy because- next week at the Board meeting we ' ll have a proposal from the corporation that wants to -burn -our--municipal solid waste and . produce electricity in the Town. We will be in a .little better shape to talk to them. I also gave the rest of the Board members a letter . from them addressing their histor_ y' of how„their plan has been working in various places. Thank you. SUPERVISOR PELL: Councilman Drum? COUNCILMAN DRUM: Yes, concerning dredging of our bay inlets. Since January the Southold Town Inland Waterways Committee has been working with the Trustees and the county engineer in setting priorities for our creeks dredging. In March the county executive put a hold on all major expenditures which, of course, included our €dredging projects. We have written several letters to them and been fortunate in having met with County Executive Cohalan last Wednesday and I would like to report that the funds have been released to the legislature for the dredging, of Corey, Mill and Wickham .Creeks. I would just like to go on record in saying that I am most -appreciative of County Executive Peter Cohalan' s , action in, making .these •funds available to the legis- MAY 5 , 1981 177 lature for dredging. These are.;;.noG:;;ca.l.l. of the.,-.dredging projects, however. Today one of 'the county engineers John Guldi met with the Town Board and the Trustees and indicated that we may get the services of the small county dredge to do Little Creek, Halls Creek and Brushes Creek. *If we do. get those we' ll be in good shape for the summer. Of course, we still have to get our Legislator Greg Blass to get that resolution through the legislature next week. SUPERVISOR PELL: Thank you. Councilman Nickles? COUNCILMAN NICKLES: The Supervisor received a letter dated April 15th from William Mullen who has been assisting the . Supervisor in. dealing with insurance ' policics and the Taxation and Budget Committe-e . over the past year. Mr.' Mullen raised several questions and on the strength of this letter the Supervisor called a special meeting of the Budget and Finance- Committee for April 28th at 9: 00 A..M, The Chairman of the Committee, Mr.. Murdock was out. of Town on business . in Albany testifying on the Jamesport coal siting plant . The. purpose of this meeting was to meet with the Town insurance agent, Mr..- Price and also with Mr. Mullen. Unfortunately Mr. Mullen was not available . , However, we did review the letter submitted by Mr.- Mullen point by point with our insurance agent and not to 'bore you with .all the ,details of it , there is a report filed with the Town Clerk and ' I think the Town insurance agent satisfactorily answered the questions that were raised. The report is on file with the Town Clerk and I don' t think it is necessary to go into it . SUPERVISOR PELL: Thank you. Councilman Murphy? COUNCILMAN MURPHY: Yes, Bill, I was with Larry most of the time and the only other thing I would like -to add is that I attended .the two meetings as the CAST representative-. from the Town Board to CAST on their looking into their problems on heading off any possible race .. riots or any further problems. There was a .man .down from the State Ed Department who seemed. very good, took a lot of input from the community and hopefully some good will come out .of this and head . off any problems. SUPERVISOR PELL: Thank you very much. The only things I would .: like to report on I will touch. on right now. The Town Board did . discuss, today, we had a Supervisor's meeting of the 'five East End Towns the. other day and we talked about the proposed makeup of the new legislative district . There i's `a resolution on today that will explain our decision, why we went the. way we did;. The second one we talked about at that time' was the , ruling by the attorney general on the charges of the Seventh Lgouad. We also have a resolution on under resolutions to cover that item. For information sake, I will be away-:for the next two days. The supervisors- of the East. End, five of us are. going on a tour` of the New England fishing communities. We are starting tomorrow. .morning in Stonington, Connecticut and going to 'Point Jude Road, Highland, New' Bedford and Boston, Mass. . We get home Thursday night. For me i.t '•s a nice trip to go on, busman ' s holiday. I 'm looking forward to it. Our County Department of Commerce is 'going with us . to see if there is any way we can build our fishing industry up on the east end on Long Island. Moving on to Public Notices, Councilman Nickles. II . PUBLI-C NOTI'CES - COUNCILMAN NICKLES: . 1. Notice from the -Corns of Engineers relative to an applica- tion by the Town of Southold for jetty construction and repair and maintenance dredging at Gull Pond. Response date is May 22nd. '. 2. From the New York. State Department of Environmental Conserva- t_ ion. There is a workshop on ' problems of nuisance aquatic p ant,p on May 20, 1981 at 1: 00 P.M. at the Department ' s Stony Brook office. 3. Buffolk. County Dena_r.tmgnt of Real Estate has a public hearing on. May 19th, 1981 at 10: 30 A.M. at Southold Town Hall relative to the -acquisition of property on County Road 48, formerly known as` County . . Road 27. I is up near .Van Duzers and Tryac building; Anybody that. has. been driving through Town during a rain storm probably is aware, of a large .lake that forms :''there. This is relative to that . 4. We have a notice that we are calling for xe�umes for the Conservation Advisory Council. Three two year terms are available. Resumes will be accepted until May 15th. Those members that are presently serving, that thei=r terms. expi.re, are John B. Tuthill on June 1st, Robert Hood on June l2th and Rachel Duell on June. lst . 178 MAY 5, 1981 5. Also from the DEC another Complete Application -by Wunneweta- Pond Association at Nassau . Point for maintenance dredging at the ,entrance to Wunneweta Pond. Comments by . May 20th. 6, Again from the DEC Notice of Complete Application by H- enry _Hammerschlag to construct a one family dwelling and associated sanitary system in Southold. Comments by May 20th. 7. Suffolk County Department of Planning, Notice of Completion of Draft Environmental Impact Statement on the proposed amendment to Suffolk County' s Local Law on the prohibition of certain detergants. Comments may be made by June 1st . 8. From the Department of Public Works Suffolk County, that there will be a hearing on Tuesday, May 12th, 1981 at 8 : 00 P.M. here at. our Town Hall. This is relative to the reconstruction of Mud: _Creek, Downs Creek and West Creek Bridges in the Town of Southold. II'1. COMMUNICATIONS - SUPERVISOR PELL: 1. Letter from Brookhaven sending us the: re.soluti.on that they support the state bottle bill and dealing with. _Long. -I-sland toxic ` .wastes. Looking for other towns- to join in. support. —�' 2. Letter from Mr: Rus-sell saying he would like to give to the community of Fishers Island, perhaps toth.e flown, or whatever, some land that he. owns- near West Harbor, It ' s- a base.ball fi.eld and we will refer that to Justice: Doyeri from Fishers- Island to get a report back.. to the Board, 3. Copy .of a letter to the -County Exec from County Comptroller Joseph. R. Caputo, This is -very -interesting and we have a resolution on in regards to thiis.. Mr . Caputo''s interpretation of the payment of the Detectives was correct. - I't should be "a countywide charge. We will take action on that in the resolution section. COUNCILMAN DRUM:. I. might say, if his interpretation is withheld it means a tremendous increase i.n the taxes to the people of Southold -Town in particular,. Unbelievable,tax increases. It ,means- we will be paying for all the. Detectives whether we,;use, the.i.r services or not, - throughout the Town. ' SUPERVISOR PELL: I.n round -figures, if you van.t: to pick- .on figures, the County Detective Force let "s say they cost ter -million dollars for personal se-rvi.ces. The east end is made up of 20% of the assess= ment of the county.. That mean''s 207o of that two million will be borne by the five east end towns:., Then Southold Town represents approx- imately, . and these figures 'are approximate 'but not too' far off, Southold Town represents 20% of that two million, which. i.s approximately four hundred thousand dollars- for the Detective services.' We have a resolution on in how we would like to sit down and work. on this- later on in the agenda. But `it '�s no light issue to :be taken -lightly. We have been working on this now for about a year, since 'last summertime we first met at the Holiday. I:nn. and have: been koing back. and forth on this. COUNCILMAN MURDOCK:, Mostly back.. SUPERVISOR PELL; Most back. But it' s n.othng to treat lightly and something we have .to work- on. and continue to stay with 4. From_Alice. Amrhe:in., Special Assistant to -the County Executive-, informing us of some of th.e budge.tory cuts that are being made through- out the .programs of the county. One program from thirty-four million to sixteen million. Shers- just -telling us of all the cuts. 5. A thank you from four gentlemen who I call seniors helpin seniors,who helped perform tax returns up in the building on Peconic_ Lane. They performed more than double what they did last year, working in the -libraries. They were very pleased with the response they got. They helped over a hundred individuals - complete their returns . 6. Contains a memo to the Board- from James McMahon who works with the youth delinquency program and it ' s a program that we hope to put in place upon Peconic Lane throughout the summer months. The Board is reviewing it and he is going to get back to us. next Town Board meeting next week with some questions we asked him today. It looks like it- should be a successful program. 7. From Nassau Point Property Owners Association complaining about motor bikes on public roads and. Nassau Point Causeway. This was turned over to the Police Department . MAY 5, 1981 . 179. V. RESOLUTIONS 1. Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, New York State Assembly Bill 2945A, entitled "AN ACT to increase the minimum catch size of striped bass from 16 inches to 24 inches will ,be considered by the Assembly, and WHEREAS, the Statd/Federal Striped Bass Management Plan .Draft _has a stated overall goal "to perpetuate the striped bass resource in fishable abundance throughout its range, generating the greatest possible net economic and social benefits from its harvest and utilization over time", and WHEREAS, any State legislation should be consistent with the State/ Federal .Management Program and their rules and regulations, now, therefore, belt . RESOLVED that the Town Board of the Town of Southold does hereby vehemently oppose any legislation regarding the change of minimum catch size of striped bass prior to the adoption of State/Federal Management Program regulations . Vote of the Town Board: Ayes: Councilman Murphy, .Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell':'°`` This resolution was declared duly adopted. 2 . J.On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED thatthe Town Board of the Town of Southold appropriate $2,200. 00 . from Joint Youth Account A7320.4 for the purchase of equipment and expenses for the Town Recreation Program Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly. adopte.d. 3. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED thatthe Town Board of the Town of Southold amend their resolution , dated Februar 24 ' 1981 establishing a minimum annual salary base and minimum work week for all new employees to be qualified :for coverage under the medical insurance plan for the - Town of Southold, as follows : 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 OR a minimum- work- week of at least 30� hours, 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' Nickles, Councilman. Drum, Supervisor Pell.- This . resolution was declared duly adopted. 4. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that, pursuant to Article 8 of theEnvironmental Conservation Law State Environmental Quality Review and_ 6NYCRR Part 617, Section 617: 10 and Chapter- 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the -project., which is unlisted, will not have a significant effect .on the environment . Description of the Action : Application of James H: Rambo, Inc. for Mattituck Inlet Marina for a wetland permit . Permission is requested to maintenance dredge approximately 2900 cubic yards of material from- var.ious locations within existing marina and dispose of spoil in a sand pit on southerly . , portion of applicant ' s property. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has. been . no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 5. On motion of Councilman .Drum, seconded :by Councilman Nickles, it was RESOLVED that the application of William'P. Ruland_. dated April 14, 1981, for permission to maintain a single family t"ra"iler 'on property located at the corner of Route 25 and Mill Lane, 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 Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 180 ` , MAY 5 , 1981 6 ., '�On motion of Councilman Nickles, seconded by Councilman Murdock, it was -RESOLVED that the Southold Town Board advance money from the Town of Southold General Fund- Whole Town Fund to the Town of Southold Nutrition Program in the amount- of $10,' 500. 00 to pay the salary of Gerald King, chef for the Nutrition Program for the year 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: That is repaid to the Town in full, that $10,500. 00, by the County. But we have to advance it to pay it and then we get it back. 7. On motion' of _Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED .that the Town Board of the Town of Southold amend their resolution dated March 10, 1981 allocating $375. 00 from the General Fund Whole Town Contingent Account toward the expenses of James McMahon, Director of the Southold Town Delinauency Diversion-and Prevention Program, to attend ,.a ,Grantsmanship Training Program; 900. 00 toward this Grantsmanship Program to be funded by the Criminal Justice Coordinating Council, Riverhead, to read as follows : AND BE IT FURTHER RESOLVED that the Town Board transfer 375 . 00 from General Fund Whole._Town Contingent Account A1990.4 to General Fund Whole Town Drug Abuse Prevention Account A4210, 4. 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 Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of theTown of Southold authorizes payroll check deductions for an employee benefit program known as The _V.A.N, (Valuable, Affordable, Necessari,) Plan, which provides for individual life insurance .. 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 Drum, it was RESOLVED that the Town Board of the Town' of Southold supports Home Rule Request from the New York State, Senate, Senate bill No. 508Q, -entitled - "AN ACT to amend chapter two hundred forty-six of the laws of nineteen hundred sixteen, entitled "An act to enable the towns in the county of Suffolk to provide for the extermination of mosquitoes land establishment of districts therefor"_, ..in relation to the amount of the annual appropriation by the town of Southold for the Orient mosquito district" , and be.-it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to complete the Home Rule.. Request . forms and forward them to the New York State Senate. 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 10, wetland application of Carol Tuthill. I would like to first say that I will. abstain from this vote . because half of that land is in Carol Tuthill' s name and the other half is in my wife' s name. 10. On motion of Councilman Murdock, seconded. by Councilman Murphy, it was RESOLVED that the' Southold Town Board' declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Carol K. Tuthill for a wetland permit on certain property located off east side- of Inlet Lane Extension on Gull Pond, Greenport., New York. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, 'Councilman Drum.- Abstain: Supervisor. Pell . This resolution was declared duly adopted. SUPERVISOR PELL: Number- ll.- We are...going to wait on that one. We do not have to do it at this time. MAY 5 1981 181 12. 'On motion of Councilman Nickl'e"s '.-:.'86dbade;d- by, Councilman Drum, it was RESOLVED thatthe Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers . Island Ferry District to set the per annum salary of its _Manager-Secretary Robert P. Knauf1l at $24, 000. 00 effective May 1, 1981. _ Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, 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 hereby authorizes the following transfer. within the Fishers' Islan.d .Ferry District 1981 Budget : $23.53 from Repairs Ferry to Bonded Indebtedness . ' 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 Councilman -Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of theF_ishers Island Ferry District to advertise for bid for painting the Fishers Island Ferry District 13uilding at Fishers Island New York.' 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,' I ' ve got a question. Bob, do you want to review that contract before we• authorize it? : . TOWN ATTORNEY TASKER: I haven't looked at it, no'.- SUPERVISOR PELL: We ' ll make it subject to your review. TOWN ATTORNEY TASKER: All right: 15. On motion of Councilman Nickles, seconded by Councilman Murphy, 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 contract with Alarm Security Protection Co. , New London, -Connecticut , for the installation and purchase .of electronic surveillance and ware= ing devices for the New London; Connecticut Terminal and on board the M/V Munnatawket and M/V Olinda° at a cost of. approximately $3,500. 00; subject to review of this contract by the Town Attorney. 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 17 on through 26 you do not have.: You""have to bear with us. We will try to explain as we go along. Number 17 is a Proclamation declaring May 10 through May 16th Town Clerks Week. The ten Town Clerk' s of the county met the other day to form a County Association. Judy, would you like. to say anything about it? TOWN CLERK TERRY: I' d just like to say that', this has been tried over the years. many times and it- seems like now an Association will be successful. It will be very helpful to- all-.-of us, exchanging ideas and we, at the present time, are working on legislation for a four year term for the Town Clerk. COUNCILMAN DRUM: That ' s great . COUNCILMAN NICKLES: Would this Town Clerk' s Association from time to time invite the Town Board members to their luncheons inasmuch as the Tax Receivers do? At no charge? 17. Moved by Supervisor Pell, seconded by Councilman Murdock, WHEREAS; the Town Clerk, oldest of public servants dating back to Biblical times, is the hub around which revolves efficient and responsive local government , and WHEREAS,. as local government has grown in responsibility and importance through the centuries, so has the commission of the Town Clerk, and WHEREAS, the Town Clerk provides a direct link between past, present and future by preserving records for posterity and implementing deci-.' sions of the legislative body, all the time seeking better and more efficient ways to do these jobs, and 182 MAY 5 , 1981 WHEREAS,. the accurate recording, careful safeguarding and prompt retrieval of public records are vital functions of this office, with- - out which efficient and responsive local government could not exist , and WHEREAS, Town Clerks follow a mandate to seek better and more effective ways to perform those critical reponsibilities in light of the rapid technological advances of today' s world, and WHEREAS, in keeping with this mandate, Town Clerks also are dedicated to continuous professional education.� and training, in order to stay abreast of those advances, now, therefore, I , William R. Pell, III , Supervisor of the Town of Southold, in recognition thereof, do hereby proclaim the week of May 10 = 16, 1981) as " TOWN CLERK' S WEEK" in recognition of the outstanding' 'and vital._ services performed by Town Clerks; reflecting their dedication to public service for the community. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum,, Supervisor Pell. This resolution was declared duly adopted. MR. FRANK BEAR: I want to clarify one thing. Our Town Clerk of the Town of Southold does not, herself, date back to Biblical times...,,.. TOWN CLERK TERRY': Thank you. COUNCILMAN NICKLES: I ' d just l.ike. .to. say that I would like to remind the audience that their time to speak is' at the end of the agenda, and not stealing our straight lines. 18. On motion of -.Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the. Town of Southold hire Michael Fingerle as- a part-time police officer at a salary of $5 .00 per hour, effective this ate , May 5 1981. 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 Nickles, . seconded, by Councilman Murdock, it was RESOLVED that the Town Board of the Town .of Southold advance $754. 00 from the General Fund Whole Town Account to the Town of Southold Nutrition Program to pay the salary of a bus driver up, to July 1; 1981. COUNCILMAN NICKLES: I would .like to add that this is. some of the problems that the Town Board has been facing in the last few months with the cutback in the CETA program. . This is another instance where hopefully, we have been assured, that we will be reimbursed these funds. 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 20. I' d like to ad lib. a little bit since the East End Supervisors_ took .a stand on this. the other. day. Our stand .basically was a request that a hearing be held in the county seat on the proposed new legislative districts that are going to be established. The one that we read about in the press gives. Southold Town, '-half of Riverhead Town, a good part of it, biggest half, and Brookhaven. Town to make up 'what would be known as the. 2nd . Legislative District . Approx- imately 45% of the vote would come from Riverhead and Southold Township. 55% would come from Brookhaven Township. We felt strongly about this at the Supervisor' s meeting and we- asked that they hold 'a meeting out in Riverhead so each Town could have a chance to gather its strength, and go up and protest the proposed change. Our Board. today discussed it at great length and we tentatively we would like to see would be . . Shelter Island Township, Southold Township, entire Riverhead Township and would take about 45% of..the vote- needed to come from Brookhaven . Township, so therefore no one .township would have the majority of the -vote to form the 2nd Legislative District. We discussed this today and now we are ready to offer a resolution. 20. Moved .by Councilman Murdock, seconded by Supervisor Pell, WHEREAS, the Towns of Shelter Island, Southold and Riverhead, .in the County of Suffolk,- State 'of New York, have a strong association based on factors of heredity and geography; being mutually settled for more . . than 300 years and many large families still in residence, and WHEREAS, the North Fork and ,the South Fork are developing .at different economic. rates ,. largely because of the access to the Atlantic. Ocean and the availability of more mass transportation on the South Fork, now, therefore, ., be it RESOLVED that the Town Board of the Town of -Southold is op osed to the proposed redistricting of. Legislative District I to .Legislative District II; and. be it further fit;.'.; - • MAY 5, 1981 183 RESOLVED that the Town Board of the -Town of Southold does request that for practical and aesthetic values the Towns of Shelter. Island, Southold and Riverhead be allowed to. 'remain in the same legislative district, . whatever its number shall be. 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 21 is what .Councilman Drum spoke on earlier. The 7th Squad, the police charge. Moved by Councilman Drum, seconded by Councilman Nickles, WHEREAS, there has been much discussion and controversy concerning the Seventh Squad Detectives of the Suffolk County Police Department during the past year, an WHEREAS, .there _has been considerable concern as to what really is the proper and legal method of funding and taxation as dictated by the Suffolk County Charter, and WHEREAS, it is the opinion of the New York State Comptroller that the entire Detectives' Division of the Suffolk County .Police Depart- ment should be funded Countywide through the General Fund, now, . therefore, be it RESOLVED that the Town Board of the Town of Southold recommends to the Suffolk County Executive and Suffolk County Legislature that a committee be formed comprised of each of the ten Town Supervisors, the County Executive, the Presiding Officer of the County Legislature, the Police Commissioner of the Suffolk County Police Department , and the Suffolk County Comptroller, to determine the most equitable method of taxation for all concerned;,:perform a thorough analysis, taking into consideration the methodology used in the past , as well as project what future implications any new taxing method will have on the County as a whole, and then implement the appropriate Charter change to reflect such findings. 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. Today I asked the Board to start in putting the _justice court in Cutchogue back on the tax roll and they have a resolution prepared. 22. 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 retain the services of a real estate appraises for the purposes of securing an..appraisal of Town Justice Court Building located on the Main Road, Cutchogue, New York. .Vote of the Town Board: Ayes: Councilman Murphy, .Councilman , Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This .resolution was declared duly adopted. 23. On motion of Councilman Murdock, seconded. by Councilman Drum, it. was RESOLVED that the Town Board of the Town of Southold authorizes Police Patrolman John E. Clark to attend the Suffolk County Scuba Diving Training School. 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 24 is covering for the New Suffolk Avenue, Mattituck road they are doing work on. 24. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED thatthe Town Board of the Town of Southold accept the bid of Muirfield Contracting, Inc. , 16 Heath Place, Garden City., New York, for furnishing and placing base course asphalt concrete, type lA (approx- imate.ly 925 tons) on New Suffolk Avenue , Mattituck, New York, at a bid price of $31, 616. 50. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 184 MAY 5, 1981 25. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the. Town Board of the Town of Southold accept tho $20 , 000. 00 Treasurer' s Check from C. - W. Booth as a bond for roads and improvements in the subdivision known .as "Mt. Beulah Acres", and the Supervisor be instructed to place this money in an interest bearing day of deposit-day of withdrawal .account. 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 26. Resolution concerning our Assessing Department . 26. Moved by Councilman Nickles, . seconded by Councilman Murdock, WHEREAS, an. action is pending in the Supreme Court of the State of . New York in the matter of St. Peter' s Evangelical Lutheran' Church v. Melville A. Kelsey, Jr et al, consisting the Board 'of Assessors of the Town of Southold, and WHEREAS, Respondents, BOARD OF ASSESSORS, crossed-moved for summary , judgment dismissing the Petition of .the Petitioner, and . iWHEREAS, Hon. ARTHUR M. CROMARTY, Justice, of the Supreme Court; denied the motions of both parties for summary judgment on the ground that the "issue . of good_ faith" could only be resolved at a trail and not on papers submitted, and WHEREAS, it was only the Petitioner who raised the issue' of good faith, which clearly, can only be resolved at a trial of this action , and WHEREAS,' Respondents crossed-moved 'on the grounds that the type of activity proposed by the Petitioner was not a religious activity under Section 421 of the Real Property Tax Law, and that failing such, the proposed..activity did not also qualify as a charitable activity within the meaning of the same Section of law, WHEREAS, it is deemed advantageous and necessary for the Respondents to appeal the denial of' Respondents' cross motion for summary judgment to the Appellate Division of the Supreme Court., now,. therefore, BE IT RESOLVED, that RICHARD J. CRON, ESQ. , as attorney for the Respondents, BOARD OF ASSESSORS OF THE TOWN OF SOUTHOLD.' be authorized to immediately appeal the denial of Respondents' cross motion for summary judgment to the Appellate Division of the Supreme Court , Second 'Department. Vote of the Town Board: . Ayes:;; Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum,' Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: That completes the prepared agenda. . Does any Councilman have anything they wish to bring up? Larry? COUNCILMAN MURDOCK: I ' d like to remind everybody that on Friday. night at 7 : 30 in Southampton Town Hall will be .A hearing or a public hearing by Congressman Carney in relationship -to the Pine Barrens. There is a movement afoot to try and have the Pine Barrens preserved as part of the preservation of Long Island' s groundwater. It ' s particularly to Southold Town. I learned at a meeting the other day that the County Department of Public 'Health has long range plans of eventually bringing water to Suffolk County and they propose to J bring it---I 'm sorry, not to Suffolk County but Southold Town, .And they propose to bring it from the---Pine Barrens if the Pine Barrens is acquired and preserved. So I think it would be important to people of Southold Town to be there to put their .input in. SUPERVISOR PELL: Councilman Drum? Councilman Nickles? Councilman Murphy? Floor is open to you people here. Anyone wish to address the Board? (no response) . .Motion. is in order, gentlemen. On motion of Councilman Drum; seconded by Councilman Murphy, it was RESOLVED that. there being no further -business to come before this Town Board meeting adjournment be called at 8 :25 P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly ad-'opted. 4ud'ith T. Terry` Town Clerk