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237
SOTJTHOLD TOWN BOARD
June 23, 1981
WORK SESSION - 10: 15 A .M.
Councilman Murphy advised the Board that as Chairman of the
Commerce & Industry Committee he is calling a meeting with
Sea Grant at 10: 00 A .M. , July 6th. The purpose of the meeting
is to explain the procedure of growing seaweed and going on
into methane gas. Councilman Murphy said the Town Trustees
will be. invited to this meeting.
.Supervisor Pell said th.e following new Police Officers have
reported for duty: Antone Surozenski June 12th, Martin Flatley -
June 13th, Carlisle Cochran, Jr . - June 23rd, and Theodore Beebe,
Jr. will start on June 24th. They- have all been certified by
the Suffolk County Department of Civil Service.
Supervisor Pell advised the Board the Town will be receiving
about $10, 000. 00 as the Town' s share of part of the Suffolk
Countv sales tax.
The Board began reviewing the agenda.
11: 00 A.1M. - Justice Frederick J. Tedeschi met with the Board to
discuss amending the Board resolution of May 12 , 1981 relative
to the Community Service Sentencing Program. He would like the
phrase "conditional discharge" added as he would like to use
the Program for those individuals he gives a conditional dis-
charge. The Board will amend their resolution at the regular
meeting.
Recess for lunch at 11 :45 A.M.
Reconvened work session at 1: 05 P.M.
Supervisor Pell advised the Board he had just met with County
Executive Cohalan concerning The Long Island Rail Road Company
newsrelease concerning new North Fork service" beginning July 18t .
He also met with representatives of The Long Island Rail Road
Company and Supervisor Janoski of Riverhead at the same time.
There will be a meeting of the Town Board at 11: 30 .A:M. , June
30, 1981 to authorize the Supervisor to sign' the contract with
the Nortti Fork Animal Welfare League for the Dog Pound. There
will be a meeting of the Dog Pound Committee and Mrs. Tejo and
Mrs . Csajko at 9: 00 A.M. , June 29th. to finalize the agreement .
Supervisor Pell stated Pan Tech will be at the Work Session on
July 7th.
The Board discussed the proposed resolution on this date ' s agenda
concerning Robins Island. Councilman Drum stated he does not feel
it is legal for the Town Trustees to manage Robins Island. --
Councilman Murdock supports a referendum. He feels all of the
people should be given an opportunity to vote on preservation or
limited development . ---Councilman Murphy said he thinks the report
from the Robins Island Committee is pretty unanimous in agreeing
Robins Island should be preserved, and the Board should allow the
Save Robins Island Committee to see what funding they can. come up
with: --Councilman Nickles said the Town government should stay
out of it at this time. It is premature to go to the people on
a referendum. The Town Board- should give them their blessing to
seek funding. --Councilman Murphy said he would like to see a
simple resolution such as, "The Southold Town Board goes on record
as favoring the preservation of Robins Island in its natural state".
Councilman Nickles , Murdock and Drum felt that the words, "providing
no taxpayers money is used in land acquisition or maintenance" . ---
Supervisor Pell said he is agreeable to that . --Councilman Murdock
said he is favor of ten acre zoning on the Island as a measure of
limited preservation, and proposed that a resolution be drafted -
by the Town Attorney to empower the Planning .Board to make a study
of such a zoning amendment. --Councilmen Murdock and Drum and Town
Attorney Tasker will sit down and study "island zoning" .
238 JUNE 23 , 1981
Mr. Robert Trau'gott and Mr. Mike Krug of Energy Development Corp.
spoke to the Board concerning a proposed meeting with the N.Y.S .
D.E.C . for a scoping meeting to define more specifically the major
issues and Environmental Impact Statement for a municipal solid
waste facility in Southold Town. In a meeting Mr. Krug and Mr.
Traugott had with Mr . Middleton and Mr. Macklin of the D.E• C. ,
it was indicated the application was viable from .the standpoint
of the D.E.C . and there would be no problem, Mr . Traugott presented
a proposed site plan for the solid municipal waste facility. He
proposes to build an additional warehouse to store paper, etc .
to use when- the intake is small, thus possibly reducing the tipping
fee by $3. 00.
A regular meeting of the Southold Town Board was held at 3: 00 P.M. ,
Tuesday , June 23, 1981 at the Southold Town Hall, Main Road,
Southold , New York. Supervisor Pell opened the meeting with the
Pledge 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
Justice Francis T. Doyen
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
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 11: 30 A.M. , Tuesday, June 30, 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;J Supervisor Pell. ;-
This resolution was declared duly adopted. Justice ,Doyen.
I . REPORTS - SUPERVISOR PELL:
1. The monthly report from the North Fork Animal League.
(May 1981 ) .
2. The monthly report from Cablevision '(May1981) .
3. Under Councilmen' s .Reports, Councilman Murdock.
COUNCILMAN MURDOCK: Thank you, Bill. The first thing was in' terms
of the Mattituck Inlet. Martin Carey just returned--just called you
yesterday as you told us today and he and his attorneys have a pre-
trial conference and they will get back to us within a period of
two weeks in terms of what they 'think their requirements are with
. the tank farm and hopefully.;we can start to move forward there.
We just finished a meeting with the Energy Development Corp.
We will probably starting calling MSW Southold, Ltd, pertaining to
burning our municipal solid waste and generating electricity. These
gentlemen had a meeting with the New York State Department of Environ-
mental Conservation to get some sort of a general feeling whether the
DEC would approve of this type of a facility. Their meeting was very
positive and we plan on going the next step which is what they call
a scoping meeting between participation with the Town Board as well
as MSW Southold, Ltd, and New York D .E. C. Hopefully we ' ll. be doing
that next week and continue to move forward toward solving our
municipal solid waste problem. . Thank you, Bill .
SUPERVISOR PELL: Councilman Drum.
COUNCILMAN DRUM: Last week I ' attended an Emergency Preparedness
meeting primarily for hurricane briefing at the Emergency Operations
Center in Hauppauge. It was a very informative meeting and I was
impressed with their Emergency Operations Center which is well
equipped. About a year ago we had discussed our own emergency
center of some sort. I believe we all agreed primarily that it
JUNE 23 , 1981 239
should be in the basement of th&' Police Department . I can' t say
that I don' t say we should have an elaborate center or anything
like that at all, I 'm not proposing that. I do feel though we should
have some means of communications in the basement on an austere basis,
someplace, in case we need to go and man an operations. I' ll look
into it further. That' s all I have to report.
SUPERVISOR PELL: Councilman Nickles .
COUNCILMAN NICKLES: I have a letter relative to beaches at the
Norman E. Klipp Park. It is a complaint from a property owner
there relative to vehicles going up and down the beach. The
Superintendent of Public Works and I are looking into it.
Also, you had asked about Lieutenant Winters and I looking
into parking in the area of the Wharf House, . Southold. You have
our report on that where we made recommendations for "No Parking"
signs, which will be delt with later in a resolution.
SUPERVISOR PELL: Councilman Murphy.
COUNCILMAN MURPHY: The Commerce and Industry Committee will have
a meeting on the 6th of July with some people from Albany about
a new developed system they would like to try--raising seaweed,
and to generate methane gas from Sea Grant and they are coming
out of Stony Brook actually. They are going to explain this to
us and anyone interested in this is welcome to come to the meeting
at 10: 00 o' clock in the Town Hall. We are negotiating with another
firm but it ' s much too .early to bring it up to the Town. That ' s
it .
SUPERVISOR PELL: Justice Doyen.
JUSTICE DOYEN: Fishers Island presently has just about completed
a disaster plan in working with North East Utilities in the event
of a nuclear accident. At this point we carry one pager on Fishers
Island which within fifteen minutes of an accident notify the Chief
Executive and another pager system on the nature of the accident .
I gave the Supervisor; and he hasn ' t had a chance to read it , a
complete planned schedule of what can be done under different
circumstances. It is very interesting and ' they have done a fine
job in putting this plan together.
COUNCILMAN DRUM: Granted, thatis very interesting. You've-made
progress in the last year. . Of course, people may not realize, but
in Albany a year ago they did not realize Fi.shers Island was in
New York State and there were no plans at all. This is good progress .
JUSTICE DOYEN: By the end of the year we' ll have a program which
will have fringe benefits not only for disaster, which we hope will
never happen at the nuclear facility, but in the event of a natural
disaster we will be much better organized.
SUPERVISOR PELL: Thank you. I have to report that during the month
of June we will be putting on the T)wn payroll four 'new police
officers. They are, and I will read the starting domes o�r each
one, Antone Surozenski, June 12th he starts to work, Martin Flatley,
June 13th, Carlisle Cochran, June 23rd, Theodore Beebe, Jr. , June
24th. These four men will be joining our permanent police depart-
ment staff.
Also, this morning there was a meeting called by our county
exec in Riverhead which I did attend along with other people there.
Basically it goes back to something that was started in Southold
Town fifteen months ago. Fifteen months ago Supervisor Janoski-
county ex sent down his assistant Alice Amrhein and we met in
Southold Town Hall and talked about the service of the Long Island
Railroad, mass transit perhaps it is referred to. We asked that
service be improved and at that time we asked the county exec to
represent the two towns. We had a petition signed with about 65-
70 names on between Riverhead Township and Southold Township of
people requested it . Well, I 'm happy to report , after many meetings,
some of them not so nice, with the MTA, some of them nice. One of
them was at night , Larry was at that one in Hauppauge. But after
about fifteen months of work there will be two trains a day from
the East End in the morning and coming back at night. One train
will leave--this is year around starting July 1st--will leave
Riverhead at 5: 54 A.M. and arrive in New York 8 :26. One will
leave Greenport 6: 01 in the morning and arrive 9: 01 and the return
service at night also comes back, there are two trains at night
that come out . I have the program here which was released today.
240 JUNE 23 , 1981
It will be advertised by the MTA in the trains and all around in
a week or two. It is a .good effort on how Riverhead, Southold,
;the County all went to work and made a request in good faith on
`k-the MTA on how they did listen to us and it only took fifteen
months but they did come around to see things to help us out .
The other report is the sales tax meeting in which the Super-
visors asked the County Legislature to share with us some of the
sales tax. After a couple months of give and take the County
Legislature, looks like , will give each township fifty cents per
head, per capita. Whatit means is Southold Town, next year we
might get just under $10, 000. 00 from the sales tax revenue which
is not any great amount but it is nothing to pass up. On a county
level it means about a half a million dollars to give up and give
out to the townships.
II . PUBLIC NOTICES - COUNCILMAN NICKLES:
We have one notice today from the New York State Department
of Envirorffnftital Conservation . Notice of Complete Application by
Barney A, Evans, Suffolk County Department of Public Works to
remove and construct two bridges on New Suffolk Avenue, one over
Mud Creek ,and one over Downs Creek. Comments as it is reflected
on your agenda, have to be in by July 15th and the Town Clerk has
a copy of the notice in her office.
III . COMMUNICATIONS - SUPERVISOR PELL:
1. Street light request (Anastasia Donahue) which will be
turned over to the Street Light Committee .
2 . Notice that October 6th the Town Hall will be used for
registration day on a county wide thing. They have used the Town
Hall before and they want to use it again on October 6th.
3 . Opening of an office in .Riverhead of the Consumer Affairs
Department . It will have a full staff office there. This is office
is nothing to be passed up with. During the past year I think I
have applied to it on behalf of Southold Town residents three or
four times. Ken Rosenblum who is the Commissioner, in -all cases
we asked for help, he got us help and people in our Town has got
refunds from what they paid for and sliouldn' t have had to pay for.
It ' s a big asset to have somebody up here so close to us, .but the
opening .was postponed and is supposed to be tomorrow morning, June
24th at ' 10: 00 A .M. , but our county exec is taking a couple of weeks
off and going away so it has been postponed go I was informed today.
4. From County Attorney David Gilmartin. The Town Board
directed me at the last meeting to write to -him to see if we could
be part of the county suit against LILCO. The Town has been involved
since 1976 in fighting LILCO. The TownBoard directed me to write
to see if we could become a party on the county behalf along with
them and the answer that we got back was yes, they would love to
have us and we will support with them to the best of our ability
to help them fight LILCO.
IV. HEARINGS AND DECISIONS
SUPERVISOR PELL: There are hearings scheduled at 3 : 30 P.M. which
is a few minutes from now.--3: 25 which is a couple of minutes from
now. We had three hearings this morning which the Board will
render decisions on at a later date. At this time I would call
for a recess for the amount of time it takes to conduct the two
hearings at 3: 25 and 3: 30.
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that a recess be called at 3: 25- P.M. for the purpose of
conducting a pub iichearing at 3: 25 p.m. upon the application of
Marino Faraguna for a wetland ' permi-t , and at 3: 30 P.M. in the matter
of a "Local Law to amend Chapter 32 of the Code of the .Town of
Southold in re ation to enforcement of the provisions thereof" .
Vote of the Town Board: Ayes : . Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum; Supervisor Pell.
This resolution was declared duly adopted. Justice Doyen.
Meeting reconvened- at 3: 33 P.M.
JUNE 23, 1981 241
V. RESOLUTIONS
1. On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold approves pay-
ment of $80. 00 to Utica Mutual Insurance Company for 'insurance
coverage on the following structures owned by the Town of Southold;
Bathhouse - Southold Town Beach - $4, 000. 00
Bathhouse - Norman E. Klipp Marine Park $4, 000, 00
Bathhouse - McCabes Beach - $4 ,000. 00
Bathhouse - Kenney' s Beach - $4, 000. 00
Bathhouse - Goose Creek Beach - $4, 000, 00
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
2 . On motion of Councilman Nickles,- seconded by Councilman. .Drum, it was
RESOLVED thatpursuant to Article 8 of the Environmental 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 Action : Application of Marino Faraguna for permission
to construct an aluminum alloy bulkhead 'at property on the west side .
of Skunk Lane , on Mud Creek, Cutchogue,� New York.
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, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
3 . On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold grants per-
mission to the Southold Senior Citizens Club to contract -for three
(3) 49 passenger buses at a total cost of $885. 00 to transport them
to the Island Squire , Middle Island, New York, for luncheon and
show on July 30, 1981.
Vote of the Town Board: Ayes: Councilman, Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, .. Justice Doyen, =
Supervisor Pell.
This resolution was declared duly adopted.
4 . On motion of Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED thatthe Town Board of the Town of Southold. grants per-
mission to The Seniors Club of Southold-Peconic, Inc. to contract
for two buses at a total cost of $700. 00 to transport them to New
York for a sightseeing tour on the Circle Line around New York Harbor
on September ' 23, 1981. .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, . Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
5. On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED thatthe Kwianis Club of Southold Town, Peconic, New York
be and hereby is granted permission to use the town beach and
parking facilities at Goose Creek Beach, off North Bayview Road,
Southold, New York for purpose of holding "The Great North Fork
Sunfish Race" from 11: 00 A. M. . until 4 : 00 P.M. , Saturday, August 1,
1981 , rain date August 2, 1981, providing .they secure the necessary
insurance to hold the Town of Southold harmless.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen ,
Supervisor Pell.
This resolution was declared duly adopted.
242' JUNE 23 , 1981
6. On motion of Councilman Murdock, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Mr. William Mullen and Town Attorney Robert W. Tasker
to prepare the necessary specifications for Town insurance ,cover-
age for 1982.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
7. On motion of Councilman Nickles, seconded by Councilman Murdock, it .wgs
RESOLVED that the Town Clerk of the Town of Southold be authorized
to advertise for bids for 10, 000 feet of snow fence, more or less
as may needed , for the Southold Town Highway Department.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
8 . On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Clerk of the Town of Southold be authorized
to advertise for bids for 500 .6 ft. studded steel T posts , more or
less as may be needed, for the Southold Town-, Highway Department.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
9. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Clerk of the Town of Southold be authorized
to advertise for bids for 300, tons of . Grade No. 1 Cayuga (or equal)
Rock salt delivered in bulk, more or less as may be needed, _ for the
Southold Town Highway Department.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock , Councilman Nickles, Councilman Drum, Justice Doyen ,
Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: The ARLM System. I will ask Councilman Nickles
to do it and also explain so everybody understands it.
10. On motion of Councilman Nickles, seconded by' Councilman Murphy, it was
RESOLVED that the Town of Southold. does. hereby approve the sum of
$12 , 100. 00, which includes the cost of paper for 1981, to be in
eluded in the Assessor' s 1982 budget , for the Town of Southold to
enter into an agreement with the New York State Division of Equal-
ization and Assessment to adopt the Assessment Roll and Levy
Module (ARLM) , and be it further
RESOLVED that the Town Board of the Town of Southold does hereby.
authorize the Board of Assessors to proceed with the necessary
steps for conversion to the ARLM system. This will generate the
assessment rolls, tax rolls and billings , annual reports, AAR ' 1 ,
2 and 3 reports, summaries of all exemptions, assessment notices,
along with total summary of reports of school, town county and
special districts. This approach will result in a substantial
savings to the Town plus a reimbursement to the Town of $2. 00
per parcel as per 15B of the Real Property Tax Law.
COUNCILMAN NICKLES: I think the resolution pretty much explains
it but for those who want further explanation '-the Town, for the
last few years, has entered -into private contracts with various
private contractors, one being the North Fork Bank, last year and
this year with Sandsport and they have been doing the ,computerization
of our tax roll. This goes . one step beyond that where it indicates
'the reports that are required by the Department of Equalization,
AAR 1 , 2 and 3 and the various exemption rolls which the State
Department of Equalization now requires. The $2. 00 reimbursement
is part of the original $10. 00 that was to be .given out to the
Towns if they participated in the 100% real property reassessment
program. The Town Board has looked into this. We were very hesitant
about going into 100% because of problems in the legislature coming
up with legislation as to an. overall assessment program. So we
were concerned that by participating in the ARLM system we wouldn' t
be putting one foot in the bucket so to speak. This does not commit
us to the 1000. All in all I think I have to go along with the
Assessors. This will modernize our assessment procedure and it
has to be done and is mandated now by the Department of Equalization.
x: 1+
JUNE 23 , 1981 r 243 .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
11. On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that Supervisor William R. Pell , III be and he hereby is
authorized and directed to sign a service agreement with Simplex
Time Recorder for a fire alarm system at the Town Hall, at a cost
of $671. 85 for the period July 1, 1981 through July 1, 1982;
subject to the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
12. On motion of Councilman Murdock, seconded by Councilman Drum, it was
(a) RESOLVED thatthe Town Board of the Town of Southold transfer from
General Fund Whole Town A1320. 4 - Independent Auditing, the sum
of $950. 00 into a new line item A3020. 4 - Public Safety Communications
Systems, in order to help defray the cost of equipment -for the Town
of Sothold Fire Coordinators.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
12. On motion of Councilman Murdock, seconded by Councilman Drum, it was
(b) RESOLVED that the Town Board of the Town of Southold authorizes
the purchase of three light.1bars: and three electric sirens for the
Southold Town Fire Coordinators, at" a sum not to exceed $950. 00.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen ,
Supervisor Pell.
This resolution was declared duly adopted.
13. On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Southold Town Board goes on record as favoring
the preservation of Robins Island in its natural state, providing
no . taxpayers money is used for land acquisition or maintenance.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
14. On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of .the Town of Southold hereby rescinds
the following resolution which was adopted at a regular meeting held
on May 5 , 1981:
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.
Vote of the Town Board: Ayes.: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
15 . On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold accept ,
with regret , the resignation of John A. Droskoski, Police Officer,
Southold Town Police Department , effective June 30, 1981 , and be
it further
RESOLVED that a letter be sent to John A. Droskoski expressing
the Board' s appreciation for his dedication to his job since
his employment on October 27, 1970, and his constant concern
for the best interests of the Town of Southold, and wishing him
every success and happiness in the future.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
244
JUNE 23, 1981
16 . On motion of Councilman Murphy seconded by Councilman Nickles, 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 Tuesday , July 7, 1981 at 3: 00 P. M. , at which time and place
all interested persons will be given an opportunity to be heard
upon the following matter:
A Local Law to amend Chapter 92 of the Codes of the Town of Southold in
relation to traffic rt•gulations.
13L 1'1' l:NAC"1'1.1) by the Town Board of the Town of Southold as follows:
Article IV of Chapter 92 of the Code of the Town of Southold is hereby
am('ndt•d as 1-o1lowti:
I. By ajn(-nding Section 92-41 thereof by adding thereto the following:
Name of St rot-t Side Location
Tarry i.anc South At Southold from extension south-
erly of the east curb line of
Hobart Road, easterly for a
distance of 127 feet.
Terry Last- North At Southold from the easterly
curb line of Hobart Road, east-
erly for a distance of 142 feet.
Ilobart Itoad East At Southold from the northerly
curb line of Terry Lane, northerly
for a distance of 98 feet.
II. I;y amending Section 92-42 thereof by adding thereto the following:
Between the
Name of Stroot Side hours of Location "
Terry LaIIL' North 10:00 P. M. & In Southold from the west curb
7:00 a. m. line of Hobart Road westerly to
Town Creek.
III. Hy adding a new Section thereto, to be Section 92-43A, to read as follows:
j92-4 3A - Public Parking Lots.
The parking of vehicles in the Public Parking Lot located in Southold on
the south side of Route 25 approximately 170 feet east of Wells Road is hereby pro-
hibited for a 1Ong 1r• period than two'(2) hours.
IV. This Local Law shall take effect Immediately.
Vote of the Town Roard: Ayes: Councilman ?Turnr.y, Councilman
Murdock, Councilman Nickles," Councilman Drum, Justice. Doyen,"
Supervisor Pell,
This resolution was declared duly. adopted.
17. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold hereby auth-
orizes Supervisor William R. Pell, III to 'execute any and all
contracts on behalf of the Town Board with Muirfield Contracting,
Inc. , 16 Heath Place, Garden City, New York, for furnishing and
placing base course asphalt concrete type lA (approximately 925
tons) on New Suffolk Avenue; ,Mattituck, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles; Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
JUNE 23 , 1981 ; , ,�`; , :�:. 245
18. On motion of Councilman Nickles, seconded by Councilman Murphy, .it was
RESOLVED that the Town Clerk of the Town of Southold be and hereby
is authorized and, directed to advertise for bids for the Southold
Town Highway Department for one (1) new -1981 Removable Gooseneck
Trailer with trade-in of the following items: one ( 1) 1960 P & H
Crane, one ( 1 ) 1964 Pettibone, one (1 ) 1967 Wisconsin Trailer, one
(1 ) 3/8 5•d. clamshell bucket , one (1) 1/2 yd. rehandling bucket ,
one ( 1) 3/8 yd. dragline bucket , and one (1) 1/2 yd. dragline bucket .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolutionwas declared duly adopted.
19. On motion of Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED thatSupervisor William R. Pell, III be and he hereby is
authorized and directed to sign a maintenance agreement with
Savin Corporation for one copy machine for the Southold Town
Highway Department , at a cost of $295. 00 for one year, machine
No. 2600305734; subject to the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen ,
Supervisor Pell.
This resolution was declared duly adopted.
20. Moved by Councilman Murdock, seconded by Councilman Drum,
WHEREAS, Knights of Columbus' Marian Council #3852, Cutchogue, New
York has applied to the Town- Clerk for a Bingo License, and
WHEREAS, the Town Board has examined the application and after
investigation , duly made findings and determinations as required
by law,
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he
hereby is authorized and directed to execute on behalf of the
Town Board of the Town of Southold the findings and determinations
as required by law, and 'it is further
RESOLVED that the Town Clerk be and she hereby is directed to
issue aBingo License to Knights of Columbus Marian Council #3852 ,
Cutchogue,. New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
21. On motion of Councilman Drum, seconded by Councilman Murdock, 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 Howard Petersen for a wetland permit
on certain property located at- right-of-way off Naugles Drive,
Mattituck. Creek, Mattituck, New York, for permission to construct
ramps and catwalk. -
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen ,
Supervisor Pell.
This resolution was declared duly adopted.
22. On motion of Councilman Murphy, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold amend their
resolution adopted on May 12 , 1981 wherein the Town Board authorized
a Community Service Sentencing Program by adding thereto, before
the word "probation"--"conditional discharge 'and/or probation" .
COUNCILMAN MURPHY: This is a resolution which was made on May 12th,
resolution #17 to be amended. All we 're adding is where an individual
who has been sentenced to probation , we' re adding, "sentenced to
conditional discharge and/or-probation". It is to give the justice
more leaway in assigning people to this diversion program that we
instituted in the Town.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 23 you do .not have on your agenda.
Councilman Murdock will introduce it.
246 JUNE 23, 1981
23. On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold does hereby
authorize Energy Development Corp. to attend a scoping meeting
suggested by the New York' State Department of Environmental
Conservation in order to define more specifically the major
issues in each application and the Environmental Impact State-
ment as proposed by Energy Development Corp. on behalf of MSW-
Southold NY Ltd. for disposing of Southold' s municipal solid
waste, and authorizing Supervisor Pell to sign a letter to this effect .
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Nickles; Councilman Drum, Justice Doyen,
Supervisor Pell.
This resolution was declared duly adopted.
COUNCILMAN MURDOCK: I think I should read the letter to Mr.
Traugott. "The Town Board desires to have the proposed services
from MSW-Southold NY Ltd. for disposing of Southold' s municipal
solid waste available by June 1983. It is willing to actively
support your efforts in achieving this goal. While this commitment
authorizes actions leading to .a contractual agreement , the Board
cannot sign such an agreement unless the following issues are
resolved to the satisfaction of the Board:
1. An indication from NYDEC that they forsee no impediments
to preclude the issuance of a construction permit.
2. A solution for the source of - cooling water:
3. Intergrating the seven acres of line landfill needed for
incinerator waste into the overall approach ' for handling
the current landfill.
4. Although it can be added later, as a separate item with-
out influencing current negotiation with NYDEC, we should
decide on whetheror not the septage should be processed
by MSW-Southold, :NY. , Ldt .
5. Completing and formulation of an agreement between the
Town and MSW-Southold, NY. ,
6. Preparation for a public hearing.
7. A public hearing.
The intent of the Board is to move as rapidly as we can without
sacrificing thoroughness. " We. authorize the Supervisor to sign
that letter to Mr. Traugott.
SUPERVISOR PELL: That concludes the prepared agenda that was :
prepared and discussed at the working session of the Town Board.
At this time I would like to ask the Councilmen if I have left
anything out or anything they would like to add.
COUNCILMAN MURDOCK: I have something I would like to add, Bill.
I am very pleased at the outcome of the Robins Island issue.
It has caused me a great deal of consternation and a great deal
of thought . I didn' t know quite how to handle my own feelings
about this issue in reference to what is bothering me a great
deal about the Town of Southold and this morning at 5: 30 I
started working with some numbers that I would like to put forth
to the assembled people here in reference to what was deeply
upsetting me with Robins Island. We have a proposition from
the Section 201 facility plan from H2M dealing with sewage and
sludge. It involves a potential sewering of Conklins Point,
Pipes Cove, Stirling Basin and North Greenport .-. The total was
$2 ,741, 000. 00 with an annual operating cost of $330, 800. 00.
Potential sewering of Mattituck. There were eleven alternatives
discussed from $1 , 881, 000. 00 to $3, 848 , 000. 00, with an annual
cost of $235, 300. 00 to $452, 800. 00. There was the septic tank
alternative of processing the-changing the Greenport plant--the
septic sewage from the honeywagons $1, 669, 000. 00 with annual
cost of $213, 200. 00. Municipal solid waste. The only program
we had at the present .time was the Five Town Program recommended
by Holzmacher and McLendon and. New York DEC. Southold Town ' s
share was $15, 000, 000. 00 with an operating cost , if we participated,
of $3, 000, 0'00. 00 per year. Capping of the Cutchogue Landfill -
approximately $1, 500, 000. 00. t These issues are very very important
to the future of Southold Town. While we were talking about the
niceties of preserving an island, and it certainly=-as I say, I 'm
very happy the way the issue turned out--I 'm in favor of preservation ,
I think what the Town of Southold has to realize is that we have to
preserve Southold Town. The .amount of money involved that we are
considering in the future would seriously impact many things that
we may want to do. Now that we are going into a private funding
JUNE 23 , 1081 247
and we all agree that this is the way to ",go, it frees my mind
because realistically my problems z"nvoly n9-the future of the Town
of Southold, and I ' m sure all the members of this Board also, as
we've all been working at different levels of it , is to try and
protect our Town. There are items tha-t we turned down in the past .
The Mattituck-Cutchogue water district . We turned down the funding
o'f that through referendum. The Town' s people did not want to pay
for that . It was impacted on us very sharply by the effect of
Temik on our water district . All of a sudden we were faced--to get
. the extact numbers I was reading the other day .in the Temik report ,
I think there were a total of 2500-2600' wells that were contaminated
with Temik in the Mattituck-Cutchogue area. The Suffolk County
Health Department is working a proposal to bring water in for an
estimated cost of $25, 000, 000. 00--to bring water into the North
Fork. It is their opinion that we will not be able to drink our
water on the North Fork in the conceivable--I think they are talking
maybe five years. Along the lines of that we have the Pine
Barrens. There is a public law proposed for the Pine Barrens.
Congressman Carney is trying to put it through. We had a public .
hearing on that application in Southampton . There was nobody
there from the North Fork. That Pine Barrens is probably going
to be our only source of pure water in the forseeable future for
the North Fork. I think we should all be deeply involved in that
Pine Barrens ' situation and we are talking there again of an
acquisition totaling some thirty-odd million dollars. We have
the coal fired plant at Jamesport with the total affect that will
have on our groundwater, as well as our air quality. The potential
for acid rain. The potential to our shorelines. The damage that
was done by them building jetties to bring in the coal barges.
Probably two and half or three million dollars will be spend to
try and;.fight that type of , a project if it ' s allowed to continue.
We have the Mattituck Inlet; .study ;The Mattituck Inlet is in
:danger of being contaminated throughout the whole length from the
Sound to the dual highway. That would impact the property values
as well as the recreational values by millions of dollars and I
have been working on these projects and thinking about these
projects . I ' m not the only person working, but I have to tell you
my thoughts and what my worries were and realistically I was saying
to myself, how can the Town go forward with all of these financial
problems coming. With all of- the impact that these financial drains
are going to have on us? And also preserve Robins Island. I
sincerely hope that we do find private funding that will be avail-
able for Robins Island because it will enable us to preserve. it,.
Realistically the future for Southold Town as well as the entire
North Fork--I think if we do not solve these problems we will be
back to a pristine areas because we will not be able to support
life on the North Fork. I don ' t say that lightly and I don' t say
it to scare anybody, but if we don' t have drinking water available
and we continue to contaminate it , the one thing that drives me
completely crazy when I go up to the Disposal Area is two open
pits that we dump sewage in. I wouldn 't do that in .my home. I ' m
very proud of the fact that I consider myself civilized and here
I am on the Town Board and I have to oversee the total dumping in
two open pits, contaminate our groundwater, of pure raw sewage and
I can' t wait for the day that I can .come before this Town Board and
come before the people of this Town and show them that I have an
alternative. That I can close that foolish situation up forever.
It has really upset me and really bothered me and I felt that at
one point somebody should bring forth the total projects that are
facing this Town and try and get the people as well as they were
organized to preserve Robins Island, I ' d like to see the same .
people be just as well organized to preserve the entire North Fork.
Thank you, Bill.
SUPERVISOR PELL: Thank you. Councilman Drum?
COUNCILMAN DRUM: I have no comment .
SUPERVISOR PELL: Councilman Nickles?
COUNCILMAN NICKLES : May I read a nice little letter? Last
February the Town Board put a blood pressure machine in the
building and I didn' t get this in time to give it to the Supervisor
so he could get it on the agenda, but I would like to read it to
you. It is one of the few pleasant things we get now and then.
SUPERVISOR PELL: What ' s the date of the letter, John?
248. JUNE 23 , 1981
COUNCILMAN NICKLES: June 8th, but it was in the Town Hall before
it was given to me.
"Dear Sirs: Your altruistic thoughtfulness in installing the
blood pressure machine is greatly appreciated by myself and all
those who are aware of it. It is so convenient to us Southold
residents and a great savings of time and cost of getting to a
doctor for check-ups. " Signed Lillian Jacobson.
SUPERVISOR PELL: Thank you. Anything else? Councilman Murphy.
COUNCILMAN MURPHY: Nothing.
SUPERVISOR PELL: Justice Doyen.
JUSTICE DOYEN: Nothing to add.
SUPERVISOR PELL: The floor is open to the public. Does anybody
wish to address the Town Board?
FRANK BEAR: I would just like to say in regard to the Robins
Island issue that I 'm very pleased that Councilman Murphy initiated
this resolution that was passed and John Nickles seconded it, and
the Town Board voted unanimously for this. I feel that this gives
the Save Robins Island Committee an opportunity now to move forward
and bring about the total preservation of this island in its natural
state. I can assure you thatwe will go to work, as a matter of fact
we already have . Thank you very much.
SUPERVISOR PELL: Anybody else wish to address the Town Board?
MARTHA J. PAUL: I would just like to, add my ditto to Frank' s
statement . I thank you gentlemen for being patient with us and
I am very happy with the outcome. As Frank says, we have already
started accumulating some seed money. You' ll be hearing from us.
SUPERVISOR PELL: Thank you very much. Anybody else wish to address.
the Town Board? (No response. ) If not , the meeting will not
adjourn today. I' m going to ask for a recess. As I,; said before,
we had hearings this morning. I would like to dispose of it
today but the Board does have to discuss it in Executive Session.
At this time I will ask for a recess.
On motin of Councilman Nickles, seconded by Councilman Murdock, it vas
RESOLVED that a recess be called at 4: 10 P.•M. . Meeting to reconvene
following Executive ession.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, - Councilman Drum, Justice Doyen ,
Supervisor Pell .
This resolution was declared duly adopted.
EXECUTIVE SESSION - 4: 20 P.M.
The Board discussed the appeal hearing of Gary Costas relative
to his denial for a peddling and soliciting permit .
WORK SESSION - 4 : 34 P.M.
Discussed with Lieutenant Winters and Chief Cataldo the installation
of public phones at the bathhouses at the beaches. The cost will
be $263 .00 to connect at three .locations and a charge of $42, 81
for three phones from July lst through Labor Day. This was authorize
by , the Board.
Chief Cataldo advised the Board that the Suffolk County Department
of Public Works will initiate a study of the. intersection of
Westphalia Road and Route 48, Mattituck.
Chief Cataldo objected to the police budget being charged for the
haul out of bouys at Fishers •Island. This will be corrected.
Discussion of Police personnel.
Lieutenant Winters asked for and received permission to have the
rugs at Police Headquarters cleaned.
JUNE 23 , 1981 249
Chief Cataldo discussed his proposed:°-.retirement and the vacation,
sick and compensatory time he feels is due him upon retirement .
Regular Town Board meeting reconvened at 6: 00 P.M.
Moved by Supervisor Pell, seconded by Councilman Murphy,
WHEREAS, the application for a Peddling and Soliciting Permit
by Gary Costas, Factory Avenue, Mattituck, New York, was denied
by the Town Clerk of the Town of Southold upon recommendation of
the Southold Town Chief of Police; and
WHEREAS, upon appeal by Gary Costas, a hearing on this matter was
held by the Town Board of the Town of Southold at 9: 30 A.M . ,
Tuesday, June 23, 1981, now, therefore, be it
RESOLVED that the Town Board, after due consideration of the
evidence and testimony at the hearing, hereby grants Gary Costas
a Peddling and Soliciting Permit under the provisions of Chapter
69 of the Code of the Town of Southold.
Vote of the Town Board: Ayes: -Councilman Murphy, Councilman
Murdock, Councilman Drum, Supervisor Pell.- Abstain: Councilman
Nickles (who was not present at the hearing) .
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that authorization be and hereby is granted to Lieutenant
Winter of the Southold Town Police Department to arrange for the
installation of three telephones at the following. Town Beaches :
Southold Town Beach, Route 48, Arshamomaque, McCabes Beach, North
Sea Drive, Southold, and the ..New, Suffolk Beach at the terminus
of First Street , New Suffolk.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
Moved by Councilman Nickles, seconded by Councilman Drum,
WHEREAS, a proposed Local Law No . 3 - 1981 was introduced at a
meeting of this Board on the 26th. day of May, 1981, and
WHEREAS, a public hearing was held thereon by the Board on the
23rd day of June, 1981, at which time all interested persons
were given an opportunity to be heard thereon, I .
NOW, THEREFORE, BE IT RESOLVED that Local Law No . 3 - 1981 be
enacted as follows:
A Local Law to amend Chapter 32 of the Code in relation to
enforcement of the provisions thereof.
Be. it enacted by the Town Board of the ;Town of Southold as
follows:
Chapter 32 of Hit- C'odu of the Town of Southold is hereby amended as follows:
I. Sectiuns 32 - 13: 32-22 and 32-39 are hereby repealed.
11. I33? addinV a now article thereto, to be Article IV to.-read as follows: ;:
ARTICLE IV
ADAIINISTRATION AND ENFORCEMENT
32-40 Enfurcing Officer.
It shall he the duty of the Bay Constable and his deputies and assistants to
administer and enforce the provisions of this chapter.
5:32-41 Notice of violation.
A. the'Bay Constable has reasonable grounds to believe that
operations regulated her are being conducted in violation of the
provisions of this chapter or not in compliance, with a permit issued
pursuant to this chapter, he may notify the owner of the property, or
the owner's agent or the person performing such operations, to sus-
pend all operations, and any such person shall forthwith cease opera-
tions until" such notice of violation has been rescinded.
25:0 JUNE 23, 1981
Ii. Such notice shall be in writing, shall specify the violation and shall.
state• the conditions which must be complied with and the time within
which compliance must be completed before operations may be
I-C.-Mined. Such notice shall also inform the person to whom it is
directed of his right to apply for a hearing before the Board of
Trustees of the Town of Southold, as hereinafter provided.
C. Such notice shall be served upon the person to whom it is directed
by dolivvring it to him personally or by posting the same in a con-
Sp:c:ttous place on the premises where operations are being conducted
;wd maiIing a copy thereof to' such person by certified mail to his
l:c:;t !:no%%-n address.
1). •! ho Ilay Constable may extend the time of compliance specified in
t!lt• notic:c• of violation where there is evidence of intent to comply
:villrirt tht.- tune specified and conditions exist which prevent
immediate compliance.
H'. In tho event that the person upon whom a notice of violation has been
Se1•%•ed shall fail to comply with said notice within the time specified
tht•rc•in or within the time specified in any extension of time issued
hY the Hay Constable, any permit issued to such person pursuant to
this chapter shall be deemed revoked.
y
� 32-42 Hearing on violation.
:1. Any person affected by a notice of violation issued pursuant to the
precuding section hereof may request and shall be granted a hearing
before the Board of Trustees, provided that such person shall file
a ;written request therefor with the Town Clerk within ten (10) days
,tics service of the notice of violation. Such request shall have
annexed thereto a copy of the .notice of violation upon which a hearing
iS requested and shall set forth the reasons why such notice of vio-
lation should be modified or' rescinded.
B. Thu Town Clerk shall present such requestno the Board of Trustees
at its noxt regular meeting. The Board of Trustees shall set a
time and place for such hearing and shall give the person requesting
the same at least five (5) days notice of- the time and placa thereof.
C. At such hearing, the person requesting the same, or his representative,
Shall be given an opportunity to show cause why such notice of violation
should be modified or rescinded. After such hearing, the Board of
Trustees may sustain, modify or rescind such notice of violation, or
revoke any permit previously issued, and shall specify the reasons
therefor.
1D. The notice of violation for which a hearing is requested shall continue
in c fect pending the In aring and determination of the Board of Trustees.
532-43 Penalties for offenses.
A. 1--'or every offense against any of the provisions of this chapter or
any regulations made pursuant thereto, or failure to comply with
a written notice or order of the Bay Constable within the time fixed
for compliance therewith, the owner, occupant, builder, architect,
contractor or their agents or any other person who commits; tales
part or assists in the commission of any such offense or who shall
fail to comply with a written order or notice of the Bay Constable shall,
upon conviction thereof, be guilty of a violation punishable by a fine
not exceeding two hundred fifty dollars ($250. 00) or imprisonment
for a period not to exceed six months, or both such fine and imprison-
ment. Each days continued offense shall constitute a separate,
additional violation.
251
JUNE 23, 1981
B. In addition to the above-provided penalties, the Town may also
maintain an action or proceeding in a court of competent jurisdiction
to compliance with or to restrain by injunction the violation
()r this chapter.
Section III. This Local Law shall take effect immediately.
Vote of the Town 73oard: Ayes: Council-'. .an T--.urphy, Council;:an
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
On motion of Councilman Murdock, seconded by Supervisor Pell , it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 6: 20 P.M.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman- Drum, Supervisor Pell.
This resolutionias declared duly adopted.
4J�udith T. Terre
Town Clerk