HomeMy WebLinkAboutTB-06/26/1980 76
'SOUTHOLD' TOWN BOARD
June 26, 1980
WORK SESSION
10 : 30 A.M. - Chief Cataldo presented suggested ame.n,dments to the
Vehicle and Traffic Ordinance, Chapter 92 of the' Code of .the. Town
of Southold. The Board reviewed the amendments and advised they
would schedule a public hearing for 3 :45 P.M. , July 22, 1980.
Chief Cataldo spoke about the problem of campers at Clark ' s Beach.,
Greenport . This i.s Village of Greenport and mostly County of
Suffolk property and although the access has- been barred, the
barriers have been broken through and access has been gained to
the beach. ---Supervisor Pell said he will contact the Suffolk County
Commissioner of Parks and discuss the problem with him.
11 : 00 A.M. - The Board began reviewing the agenda..
12 Noon The Board recessed for lunch.
1 : 00 P.M. -- Ri.chard :Cron, Esq. , who was. engaged as special counsel
to the Town Board for this .work s.ess.i.on and th.e ,Board meeting at
3 : 00 P.M. , discussed with the Board the mooring situation at Gull
Pond, Norman E. Klipp Marine Park.
1 :45 P.M. - Jody Adams., Peconic, read a prepared statement. concerning
her request for a. pole and street light between the existing pole and
light and the end of Indian Neck Lane, Peconi.c .---Miss Adams was
advised that Councilman Drum and other members of the Board have
looked at the site and must deny the request as the location of the
pole and light would merely light the beach..
2 : 00 P.M. Frank. Bear, Southold spoke to the Board concerning State_
legislation relative to the Coastal Management Program. He said that
.f the State does not pass the legislation, neither the State nor the
Town would be eligible for funding to implement coastal programs . Mr.
Bear read a prepared statement which he asked be incorporated in the
minutes of the regular Board meeting at 3 : 00 P.M.
2 : 15 P.M. - Richard Cron, Anna Hataier, President of the Town
Trustees, and Herbert Mandel of the Gull Pond area, Greenport ,
discussed with the Board the objection Mr . Mandel has to the
granting of mooring permits at the bulkhead in the K1ipp Park
Mr . Cron said his remarks were his own opinion and the Town Board
should hold any action in abeyance pending the return of Town
Attorney Tasker . However, it was suggested to President Hataier
that the Trustees do not grant any additional mooring permits at
the site until the matter is resolved. Mr . Cron said, in his
opinion and observations, tieing boats to the bulkhead is creati.ng
a situation which. the Trustees do not have the right to do and
the Town Board does not have the right to do . The lease with
the State of New- York does not provide for it . They are creating a
docking and mooring situation which. would create a marina.---Mr'.
Mandel said the parking area is a problem and poli,ci.ng is difficult .
He. suggests that it there is to be a marina, the Town Board attempt
to change the zone and hold a public hearing on. this matter.
2 :45 P.M. - Suffolk. County Legislator Gregory Blass, addressed the
Board concerning the proposed mental health. f.aci.lity at .the Eastern
Long Island Hospital, Greenport .
JUNE 26, 1980 177
A regular meeting of the Southold Town Board was held on Thursday,
June 26, 1980 at the Southold Town Hall , Main Road, Southold, New
York. Supervisor Pell opened the meeting at 3 : 00 P.M. with the
Pledge of Allegiance to the Flag.
Present :
Supervisor William R. Pell III
Justice Francis T. Doyen
Councilman Henry W. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr .
Councilman George R. Sullivan
Town Clerk Judith T. Terry
Highway Superintendent Raymond C. Dean
Special Counsel Richard J. Cron
SUPERVISOR PELL: We will go through the agenda as it is before you,
.but before we start I would like to recognize and ask our County
Legislator Gregory Blass who is with us today to say a few words .
Mr. Blass.
COUNTY LEGISLATOR GREGORY BLASS : The first thing that I wanted to
mention to you is that the Senior Action Mobile Office, which is a
mini-bus that goes about the county is scheduling visits for August
of this. year. They tell me in the Suffolk County Office for the
Aging that the. Sen .or Action Mobile has been to the north fork of
Long Island many times. I don 't know if it ever has been in the
recent past, but nevertheless we are going to schedule it ,for the
month. of August on dates that will be announced by the Supervisor
and Town Board in the near future. It -will be at the Peconic Senior
Citizen's building and Greenport 'Nutrition Center . That senior
office has a referral service, it has an attorney on board to
answer questions . They will give out what is known as the Golden
Pass and also be providing ID cards so we want to make use of the
services that are available on the county level for senior citizens
and families that might fall into that category. Please keep the
dates open in August when they are announced. That will be at the
Peconic Senior Citizen ' s building and the Greenport Nutrition Center
during the month. of August . We caught them scheduling the visits
of this particular vehicle but we never found a schedule stop for
the north. fork..
The other point I would like to mention is that there .is
discussion under way and I am trying to convey this to all 'community
groups and the public in general . About Eastern Long .Island Hospital .
There i.s, a wing, as- you know, there in the hsopital that is not
fini.sh6d and the planning now is to complete the wing and to make
What would be described as an in--patient mental health. facility.
It would h.ave. from 18 .to. 20 beds and provide in-patient services
for east endres-i_dents- only. It will be the kind of facility that
will have no attachments from the state of federal government . It
will be funded by local fund raising. I 'm trying to get as much.
input as I: can on this and I told the Town Board of this and we
agreed that any comments you might have about a mental health
facility for east end residents, because there is no such facility
on the east end of Long Island. One of the reasons that the north.
and south. fbrk. of Long .Island is called medically deprived area.
It will help eastern Long 'Island to qualify for more federal and
s:tate. funding on the east end and most importantly it will provide
a s;e.rv.i.ce that doesn ' t exist out here. Mental health treatment is
available and the nearest place is islip. So I would like to hear
. . any comments- 1 can get on that ; not necessarily now but in the course
of th.e future months .
JODY ADAMS: Are there going to be any special meetings on it?
MR. BLASS :' I think a public hearing will be in order before the
end of July. The people from the hospital will be there. I think
it is: important , I believe it will fill a need out here because
there is .nowhere that east end residents can go for mental health,
services, except as I said in-western Suffolk.
JODY ADAMS : Stony,.-_.Brook,..thas.. brie:.:.
MR. BLASS : For east end residents?
17$ ' JUNE 26 , 1980
JODY ADAMS : For anyone who wants to use it .
MR. BLASS : Well, this one would be an in=patient facility and
it would be on-e that .would be; I believe, more responsive to the
needs of the people. Stony Brook might be --
BEATRICE SMALL, Southold : How many beds did you say?
MR. BLASS : 18 to 20.
MRS. SMALL: Will they be dealing with merely neurotic problems
or will they be dealing with psychotic and probably more dangerous -
problems?
MR. BLASS : They will deal with those type of mental health cases
that can be treated adequately within a 45 day period. It is more
of a hospital than it is an asylum type of arrangement - that is being
discussed. Primarily voluntary although there may be cases where
permission might be required for a certain period of time. I 'm
sorry, I didn 't realize it would get into an involved discussion
but I would be glad to answer some of your questions either now
or after today ' s meeting. The office number ig 727-7200. Please
let the Town Board know or my office know how you feel about this .
Thank you very much.
On motion of Councilman Drum, seconded by Justice Doyen, it was
RESOLVED that the minutes of the June 10, 1980 Southold- Town Board
meeting be and hereby are approved as submitted.
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman NIckles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
On motion of Councilman Murdock, seconded by Councilman Drumm it was.
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 7 : 30 P.M. , Tuesday, July 8 , 1980 at the Southold
Town Hall , Main:Road; Southold, New York.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
REPORTS - SUPERVISOR PELL:
1. Dog Warden 's Report.. Th.es.e. reports. are placed on file
and will be in the Town Clerk 's Office if, any-body wi.s.hes .to review-
them. (Dog Warden Report- May 1980) .
2 . Judge. Riches ' Report for the month. of May .
3 . Police Department report : (_May 1980, )
4. Beach and Parks - Do you have a report , John?
COUNCILMAN NICKLES : I would just like to report that the oil and
sanding recommended by the Highway Superintendent at Town Beach.
and Kenney' s Beach. has been completed.
5 . Inland Waterways, Councilman Drum --
JODY ADAMS: - This says beach buggies here, what were you going to
say about beach. buggies?
COUNCILMAN NI'CKLES : I wasn't going to say anything about beach.
buggies . This was added on, put on the agenda, I: had nothing to
do with it .
SUPERVISOR PELL. Mr . Nickles is working on it and he is. not ready
to report on it at this. time as of yet . I thought he, was and I. put
it on there. Councilman Drum,_ Inland Waterways.
COUNCILMAN DRUM: Our -inland Waterways dredging projects are
continuing. Having completed Brushes Creek which .is in Laurel,
Deep Hole Creek is continuing to be dredged at present, LittleCreek
has been done, Halls Creek is almost completed, Cedar Beach. it is
hoped that that would be commenced within two weeks. The one project
wh .ch. the Town Board had approved, the dredging by th.e -- .requested
the dredging of Goldsmith Inlet on the Sound, that has, been. h:eld
at present . There is some litigation concerning, not .the dr.edgi.ng
but erosion on the Sound and unfortunately- the County- has- held this.
up. I' hope we can get Goldsmith Inlet dredged in the very near future..
At least to. the extend to permit the flow, the flushing action of
Goldsmith. inlet . That completes my report .
6 . Taxation and Finance, Councilman Sullivan.
COUNCILMAN SULLIVAN: The taxation and Finance Committee met
yesterday. We did an extensive review of the Town 's insurance
JUNE 26, 1980 179
policies and we will be making specific recommendations to the Board.
. 7. Disposal. Area - Councilman Murdock.
COUNCILMAN MURDOCK: We have had discussions with Superintendent of
Highways . We have a problem where the concrete has been placed up
against the fence. It has broken the fence . That will be repaired.
The five town joing committee meeting for solid waste management
which was supposed to be tomorrow has been postponed so there is
nothing to report on that . One other item that maybe the people
of the Town can help with. We had a brush fire, we call it a brush
fire, at the Disposal Area the other .day that we believe was caused
by, partially by hot coals being rbought in. Somebody may have
cleaned out their charcoal from lunch time or whenever they had a
barbecue on .their way up to the disposal area and had a few hot
coals in it and discarded it and it started a fire and they had to
call the fire department to put it out . Maybe at this time of year
if people are a little bit more careful about wetting down their
fire products we might not have a ,,problem again. Other than that
the Disposal Area seems to be coming along fine.
8 . The next report i- from myself and my deputy. Yesterday I
was supposed to be in two places at once. I couldn ' t do that so I
asked Marie Johnson to cover the East End - Suffolk County Supervisor 's
meeting. Marie will report on that and then I will report on my days
activities.
DEPUTY SUPERVISOR JOHNSON: There was discussion about the dissolution
of the County Legislature and a .letter was signed by -- asking the
legislators to put this . on the ballot for a referendum in November.
The Bottle Bill was discussed, the fact that the State probably will
not do anything about one this year but it has been suggested that
the towns individually enact bottle legislation. We were urged to
send a telegram to the governor, .to Albany, asking the governor not
to sign legislation concerning the paying back of money that we refund
after certiorari. cases are won. This is for people who dispute the
amount of th.e .r as•s:easment and .t is lowered --- and as I understand
i.t a refund is made and this will absolve the school districts from
paying back. part of the school taxes --- There was action again to
get another county dredge. The Supervisor of Islip was asked to make
a report on how it has: been to live with a tax hearing that they had
in Islip Town with full value' assessment . He feels it had one
pos;i.ti;ve effect and that was that there has: been evening out of
i.nequ t es• j.n as•ses:sment in Islip Town. The computerized material
makes- no difference between values of land that is waterfront and
upland, they all go into -the same . There has been overall increase
in as.ses'sments- and some 20,.000 parcels have gone up over $10, 000
each./ The as:sessment on Fire Island increased between an average
of 72% and 1357o so Islip has taken the step of freezing all assessments
at the 79--80 level --- and they Plan .to hold it there until New; York.
State has• gone, to full value. The way it works in the computer,
when a house is: sold, when a property is sold and this fact is
set into the. computer, every piece of property that has a similar
component to any of the components in the one that has, just been
sold, i.s changed. So in effect everytime a house that has similar
things- to your house is: sold your house and all the other houses.
that have things- similar will be changed, ;so what could happen is
every six months- the whole assessment will change.. There?,i.s no
way the assessors, can have any effect on. .th.e machine in just one
case. Be:caus,e everything has to be changed that has; a similar
component . And the: grievances that are put in are not recognized
by the. computer and certiorari cases would .not be recognized by
the computer. But if you have someone who feels: h.e has, a legitimate
gr e$ance would be putting it in year after year .
9. Yesterday while Marie was there I: had the pleasure to tour
Eastern Long Island, part of it, with. the Commissioner from Albany
in DEC, Commissioner Flacke . It was his first time down -in the
east end. Supervisor Lang and myself was supposed to meet with him.
Supervi.s;or Lang went up to the other meeting with. Marie and I spent
two hours with. Comm i.ss•i.oner Flacke,. We showed him - he went out on a
clam boat up in Great South. Bay prior to coming out to the east end.
He looked. at our wetlands out here, commerical recreational fishing
fleet and it was a. very interesting two hours. It was the first time
he had been out here. He did say he can see why we hold Eastern
Long Island the way it is, so dear to us and I. think he was -very
impressed when heleft . It was a good two hours spent for-1-the
benefit of the east end residents .
Prior to that I met with out county executive for two main
_ O JUNE 26 , 1980
things . One to thank himi: for all the help he has given us in the
past and also to ask him to help on Goldsmith Inlet project . We
have Goldsmith Inlet , the Town is being sued down there over a
problem that we have . The county is providing a study to be made .
The attorney general of New York State is pushing the Town Board to
get the study under way and in turn we have to push our county
Department of Public Works and I went there yesterday to try to
get the county exec. to try to help this along so we can get the
information to the attorney general .
PUBLIC NOTICES - SUPERVISOR PELL:
1 . Captain Kidd Water Company is going to put up a new pumping
house . Comments to be in to the DEC prior to July loth.
2 . Frank, . Edward and Joan Hindermann to construct a timber
bulkhead. Comments to be in by July 16th.
The complete application is on file in the Town Clerk' s Office
if anybody wishes to review them.
If anhbody has any comments to look at these things, as I said,
the applications are on file in the Town Clerk' s and also in my
office .
COMMUNICATIONS - SUPERVI:SOR PELL:
1. Town Trustees closed four -different creeks in the Town
where they planted clams for spawning purposes . The creeks are
Hallocks Creek, - five creeks - Hallocks: Bay, Town Creek, Jockey
Creek, Mill Creek and Deep Hole Creek. These areas will be closed
until August 1st . These are clams that are put in there to spawn.
Approximately 500 bushels were distributed through the area.
2 . Request from the Southold F .r-e; Department .
3 . - Our County Legislator Greg Blass is asking the Town Board
how they felt about proposing a county lecense for flea markets .
The Town Board feels it should be a Town Board problem not county.
We would like to keep it under local rule, local control .
4 . Will be under resolutions . It will come up again. It
is a letter si:.gned by different folks about a trailer in East
Marion,- It will come up under resolutions. The Board will rule
on that as we go on in the agenda.
5 . The use of the Town van to transport baseball teamp,
soft ball team around. The Town policy is on this that it shall
be used when not in use by the RSVP for transportation within the
county. We have requests to go outside of the state. Th.e. Town
Board said they would like to keep it and would keep it in the
county .
6 . From Robert J. Finnegan Associates. They did come dowa
here last year to present to the Town Board how they would like
to get Southold Town involved in- the 1007o assessment . The. Town
has not moved on it . This is just another letter looking for
our work if we are going to go this route.
7. A call for a constitutional convention on a human. life
amendment . We have thriteen letters come in on tha. I:t will
be on the next Board agenda, July 8th. I put it under communica-
tions this time. The Board has not seen these requests.. They
will be copied and given to them and I will put it back on the
agenda of July 8th.
8 . Request from Mattituck Garden Shop, Inc. to check. into
a variance, zoning laws and it was turned over to the Building
Department and they will look into the matter to see i.f there is.
a violation .
JODY ADAMS : May I comment on that?
SUPERVISOR PELL: I would like to go through it all and then we
can come back to any number anybody wants. I would like, to go
through. the complete agenda and then we will come back.. Keep the
numbers aside and then we will come back at the end.
9. Hearing in the Town of Islip on something the legislature
just addressed prior to this. The Board feels.--it does not wish to go
down there and testify at this time, we do not know- enough..about it .
This was just received in:. the mail . Before we testify on behalf of
this township we feel we would have to have more information -about it .
(N.Y.S. Senate. Committee on Housing and Community Development public
hearing on June 30, 1980 gathering information on utilizing a portion
of Pilgrim Psychiatric Center and other similar facilities in the
State, to house frail elderly. )
JUNE 26, 1980 18 i
10. Letter from attorney Irving L. Price, Greenport, r
expressing a desire to meet with the Town Board and go over
some it its zoning laws and subdivision laws and discuss it with
the Board at which time we will set a date and have him come
before the Board.
11 . Many of you people are hereon this one, I believe.
We received in Town Hall a letter on June 17th from the Department
of Public Works and I will read part of it to you. "It has been
rumored that there may be local sentiment in the vicinity of the said
bridge (Oaklawn Avenue-Jockey Creek Bridge) to abandon the existing
structure . " We do not propose to eliminate the bridge ourselves
but if there was public sentiment to have this bridge removed .we
would consider it . We would like to have your input on this matter .
The Town Board has tentatively set July 18th, 7: 30 at night . I say
tentatively. We want to talk to the Department of Public Works,
get their engineers out here to discuss all four bridges that are
in Southold Town being considered for construction, rebuilt . The
three on New Suffolk Avenue and this last letter I just spoke .of .
The bridges on New Suffolk Avenue now rnage anywheres from 17, 20,
22 feet wide. The proposed bridges they plan to put in, the blue-
prints are in my office, will all be 32 feet wide. This is a grave
responsibility to your town as we have to consider the roads going
on to the bridges and going off . You got a 17 foot wide bridge now
and all of a sudden you have a 32 foot wide. Somebody is going to
have to widen the present road. Somebody is,- going to have to get
land to build it up. The Town Board feels this is an important
de.ci.s%on . We want everybody to know what is going on so we have to
set tantatively July 18th '7 : 30 at night to have a public information
meeting on this and Z do hope the press will carry this date.
12. Reference to Long Island Cablevi:.sion. An information
letter to th.e Board saying the cost to get it in condominiums .
13. A request for th.e mini bus for the Greenport Methodist
Church. to go out of state with it to Jersey. Th.e. Town .Board has
instructed me to send a letter back telling them we want to limit
it to the us,e of the county.
14. A letter from Miriam A. Hunt reference Matti.tuck. Senior
Citizens:, Laurel-Mattituck perhaps to start a new group. She feels
the M.atti.tuck group, is so large she. would like to .start a new group.
She ' s, informing the Board and asking the Board how to do it .
15 . From the Association of Towns asking on a proposed bill .
The. Town Board has- dis-cus-sed this bill in length. and we will send
a telegram out tomorrow- going against this,- bill, Does any board
member wish. to explain it? I'n detail?
CQUNCTLMAN DRUM, I_ ,might stay the bill as proposed would mean that
the. Town would pick. up the school. taxes:, we :would have to pay these
cases where 'there is, loss on assessment rather than the, .schools paying.
whi.ch. th.ey, pay now. It would become a Town charge is what it is in
a nutshell .,
SUPERVISOR PELL: I:t has been passed, it has to be signed by the
governor, ,s- where the bill is:. We are writing .to. the .governor The Association of. Towns has, asked us to write to- the governor and
ask. him to veto it . The telegram will go out for this*.
16 . The bridges F mentioned before on New Suffolk Road. We
have 30 days.- to reply. Again I say. July 18th., 7 : 30 at night we
will discuss it .
17 . Long Island Ferry Study; publication, news.releas:e out .
There will be a meeting with. it on. Thursday, June. 26th., today at
1 : 30 P.M. Southold Town has two people representing the township
on i.t . They are Jos,eph. 'Townsend from Greenport and Francis Murphy
from Mattituck.. They will :represent out town on th.i.s. study group.
HEARTNGS' & DECI'SI:ONS,-SUPERVISOR PELL:
1. We have tonight a public hearing re.qui.r.ed by: law on the
fire code, wh.ich. w :1l be known as Southold. Town Fire .Code. . Thehearing is 7'::30 tonight. Anybody wishing to make :commen.t on it
are invited to come tonight and make them. This will be we have
had so far throughout the township; we had seven information meetings
on this., fire code in every fire house in the towns:h.ip including
Fishers, Iceland. Tonight is: the public hearing by law- whch. we must
hold.
2 . I_t i.s the adoption of the proposed .Unsafe B.uild.irig Structure
law- which_ we propose.. We held public hearings on is The. Town
Board at this, time is not ready .to make a decision on it, therefore,
it will be -on the next agenda., July 8th. .f the Board is ready to move
on it then. There 1:s a reason why we are not ready to move on it .
182
JUNE 26, 1980
There was an amendment to the state one, state Unsafe Building Code.
We want to review it , see how it applied to the Town code so weeknow
exactly what..the state law says and our Town law says so we are not
ready to move on it for that reason.
JODY ADAMS : Why is Mr . Cron up there instead of Mr. Tasker? Is he
the new town attorney?
SUPERIVSOR PELL: Mr . Tasker is out of town fora week or so and
we asked Mr. Cron to sit in with us to give us legal advice if we
need it and at times we do .
JODY ADAMS : Is he being paid for it?
SUPERVISOR PELL: Yes, he will be paid for it .
JODY ADAMS : At what rate?
SUPERVISOR PELL; We will go into that .
RESOLUTIONS
l. . SUPERVISOR PELL: Let me explain a little bit about the first
(a) resolution for the Fishers Island Airport . Several years ago,
three years ago, I think, the Town Board asked for federal funds
to put blacktop on the airstrip over there, the two runways that
they have . Two years ago they asked for it, about three weeks
ago, two weeks- ago, we got a telephone call that the'-.funds have
been met . They have the funds to do it but before they can
proceed we must have a resolution requesting it again, so the
resolution was prepared and at this time Justice Doyen will offer
the resolution .
Moved by Justice Doyen, seconded by Councilman Drum,
WHEREAS, Elizabeth. Airport at Fishers Island is.- in need of repairs
and renovations, and
WHEREAS, the cost of said repairs and renovations may qualify for
state and/.or federal aid, and
WHEREAS, the Supervisor has received a letter from Austin H. Emery,
Regional Director of the Department of Transportation requesting
that an application be submitted to him for said aid for repairs
and renovations,
NOW, THEREFORE, S 1IT RESOLVED that the Supervisor be and he hereby
is authorized and directed to file an application with. th.e Regional
Director of the Department of Transportation requesaing sa, ,d aid for
repairs and renovations to Elizabeth. Airport consisting of Slurry
seal coat on both runways .
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
SUPERVI'SOR. PELL: Resolution No . 2 Attendance Officer .
TOWN CLERK TERRY: Excuse me, there are two parts to Resolution
No. 1
1 .
(b) Moved by Councilman Drum, seconded by Councilman Murdock,
WHEREAS, Elizabeth. Airport at Fishers Island is in need of repairs
and renovations, and
WHEREAS, the cost of said repairs and renovations may qualify for
state and/or federal ai.d, and
WHEREAS, the Supervisor has r.eceived a letter from Austin-H.. Emery,
Regional Director of the Department of Transportation requesting
that an application be submitted to him for said aid for repairs.
and renovations,
NOW, THEREFORE BE IT RESOLVED that the Supervisor be and he hereby
is authorized and directed to file an application with the Regional
Director of the Department of Transportation requesting said aid for
repairs and renovations to Elizabeth Airport consisting of slurry
seal coat on both .runways.
Vote of the Town Board: Aye's, Councilman Sullivan, Councilman
Murdock., Councilman Nickles!, Councilman, Drum, Just`i.ce Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
JUNE 26, 1980 103:.
SUPERVISOR. PELL: One thing about this Board, we have a very efficient
Town Clerk and I cgnnot ever: -compl.iment her enough to keep us all
straight and on the narrow path. Case in point was a. and b. I
did a. and forgot b. Thank you, Judy.
2 . On motion of Councilman Drum, seconded by Councilman Nickles , it was
RESOLVED that Carolyn Grossenbacher, Mattituck, New York, be and
she hereby is appointed Attendance Officer; subject to the written
approval of the District Superintendent of Schools, throughout the
Town of Southold, except such schools as are otherwise provided for
by Section 3213 of the Education Law, and be it further
RESOLVED thati:the compensation for such Attendance Officer be fixed
at $1, 200. 00 per year payable in regular- semi-monthly installments,
she to pay her own expenses, and .be it further
RESOLVED that the Town Clerk be and she is hereby instructed to
notify Carolyn Grossenbacher and the District Superintendent of
Schools of the appointment.L:
Vote of the Town Board: Ayes : . CouncilmanSullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 3 pertains to Fishers Island and again
it is for a study to have a wastewater treatment facility established
in Fishers Island. It had been under way I am going to say for
at least eighteen months, two years and now comes time we must pass
the resolution for them to apply for the state aid funds .
3 . Moved by Justice Doyen, seconded by Councilman Drum,
WHEREAS, Chapter 659 of the Laws of 1972 of the State of New York
and various Federal laws provides financial aid for the construction
of Water Quality Improvement Projects; and
WHEREAS, it is necessary for the Town of Southold, herein called
the APPLICANT, to make application for State financial aid for
Preparation of a Step I Facilities Plan related to future construction
of wastewater treatment facilities for Water Quality Improvement
Project; now,
THEREFORE BE. IT RESOLVED BY The Town Board, the governing body of
said APPLICANT, as follows.:
1 . That the Town Supervisor be authorized to make application
for State consttuction aid and provide the State of New York such.
information, date and documents pertainng- to the. application for
a grant as: may be required, and otherwise act as the authorized
representative of the. Applicant in connection with. said application;
2 . That the APPLICANT agrees that if a Federal grant or grants
and State assistance for the Water Quality Improvement Project are
mad pursuant to the Federal Water Pollution Control Act , as amended,
. or any other Federal Law- or program, and Chapter 659 of the Laws, of
1972 of the State of New York, the. Town of Southold will pay the
remai.ni.ng .costs• of the approved construction;
31 That all statements, data and supporting documents made
or submitted by the APPLICANT in connection w .th. any application
for Federal assistance for the proposed construction are to be
deemed a part of the application for State awssa ante;
4. That th.e APPLICANT agrees- to comply- with. the Admi.ni.s.trat. ,ve
Rules and Regulations of the New York State Department of Environmental
Conner.vat i.on;
5. That five (5) certified copies of this- resolution be. prepared
to accompany- an application for State. .aid for the construction of a
Water Quality Improvement Project ;
6. That - ibis- Resolution take effect immediately.
Vote. of thee
. Town Board: Ays: Councilman Sullivan, Councilman
Murdock., Councilman Nickles , Councilman Drum, Justice Doyen,
Supe.rvi.sor Pell .
This �resnxution was- declared duly adopted.
4 . SUPERVI'SOR PELL: Number 4,. the second part of that is to authorize
the s-i.gni.ng of the 'agreement for these funds:.
Moved by Councilman Nlckles, seconded by Justice Doyen,
WHEREAS, Chapter 659 of the Laws of 1972 of the State of New York,
and various Federal laws: provide financial aid for the. .const.ruct on
of Water Quality Improvement Projects; and
WHEREAS, Town of Southold, 53095 Main Road, Southold, ' New: York. 11971
hereinafter called the APPLICANT, has: made application for STATE Aid
for Construction of Water Quliaty Improvement Project , Bond Act
1Q4 JUNE 26 1980
Project Number C-36-1149-01-Q and
WHEREAS, it is necessary that a contract by and between THE PEOPLE
OF THE STATE- OF NEW YORK, hereinafter referred- as the STATE, for
such STATE aid be executed on behalf of the Town of Southold; now
THEREFORE BE IT RESOLVED by the Town Board, the governing body of
said APPLICANT; as follows :
1 . That the Town Supervisor be hereby authorized to sign,
on behalf of the APPLICANT, a STATE contract providing for payment
by the STATE of a portion of the cost of construction of the Water
Quality Improvement Project ; and
2 . That the Town Supervisor be disignated as the Fiscal Officer
of said APPLICANT to receive and distribute funds as the authorized
Fiscal Officer of the APPLICANT in connection with said Project ; and
3 . That the Applicant agrees that it will fund its portion of
the cost of construction of said Water Quality Improvement Project ;
and
4 . That five (5) Certified Copies of this Resolution be
prepared and sent to the New York State Department of Environmental
Conservation, Albany, New York, together with the isgned STATE
contract , and
5 . That this Resolution shall take effect immediately.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
5 . On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the application of Geraldine Davis dated May 7, 1980
for a trailer. permit renewal for a trailer on her property on the
south side of Sound Avenue,Mattituck New York be and hereby is
granted for a six month period.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
6 . On motion of Councilman Nickles, seconded by Councilman Sulli an, i.t w
RESOLVED thatthe Town Board of the Town of Southold set 3 :40 P.M. ,
Tuesday, July 22, 1980, Southold Town Hall, Main Road, Southold,
New York as time and place for hearing upon application of Mary
LePeter for a..permit under the provisions of the Wetland Ordinance
of the Town of Southold for permission to construct a dock., cat-
walk, ramp and float at 3800 Deep Hole Drive, on a canal off Deep
Hole Creek, Mattituck, New York.
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice. Doyen.
Supervisor Pell .
This resolution was declared duly°.adopted.
7 . SUPERVISOR PELL: I asked the Town Board to pasts. a res.o.luti.on. today
to oppose the-" rate increase of Long I:s-land Li,gh.t e.ffect. .ve 8'..8%
October 1, 9. 1 . in May. I have askedthe Town Board today to pass
a resolution opposing this.
WHEREAS the Long Island Lighting Company has proposed an increase of
17 . 9% for its ' electrical customers, and
WHEREAS the new rates would increase electrical revenues. by
$228 .million annually, and
WHEREAS the development of the Shoreham Nuclear Power Station may
not provide reliable and safe electrical service .to Long Island, and
WHEREAS' the Shoreham Plant is th.e most costly electrical plant ever
constructed,
NOW, HHEREFORE BE IU RESOLVED tha tth.e. Town Board of the. Town of
Southold Hereby opposed the proposed increase in electrical :�-rates
by the Long Island Lighting Company, and a copy of this resolution
be forwarded::-•to:.the New York State Public Service Commission.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: As I said before, we will go through- the whole
agenda- and then we will come back. and discuss any .point .you want
to discuss .
JODY ADAMS : Then will you revote if somebody wants .to make a pq•i.nt
before you vote you revote?
JUNE 26 , 1980 1 -53
SUPERVISOR PELL: If the Board feels it is necessary, yes.
I 'd like to go on to number 10. James L. Gray requesting
money for dredging on the south side of the inlet on Nassau Point .
This is in the budget . We. do allow assistance on these matters .
10. On motion of Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED thatthe Town of Southold enter into an agreement with the
Lagoon Association of Nassau Point , Cutchogue, New York for dredging
the south inlet on Nassau Point at one half the cost of said dredging,
not to exceed $475 . 00 in Town funds .
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
11. On motion of Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that the following Southold Town employees be granted salary
step increases in the amount of $500. 00 effective July 1, .1980 :
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman NIckles, Councilman Drum, Justice Doyen,
Supervisor Pell . (*Antionette Berkoski ,Douglas V. Clark, Chri.sti.na J. Hogan)
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 12, 13, and 14 we will take one ata time
but they, are all legal bills-. Wheri the. 'Town had .to: go to: court. on
di.ffere:rit matters we engaged the- laws firm of of Smith.,' Finkelstein,
Lundberg, .Crmm;ins• and, Yak:abosk .. Mr . Franci.s:. Yak.aboski is, the one
who works- with, the: 'Town of Southold in representing us. I: wal take;
each. one. as, individual bills- to pay them.
12 . On motion of Councilman Nickles, seconded by Councilman Drum, it Was,
RESOLVED that th.e. 'Town Board of.-the Town of Southold authorizes
payment in the amount of $3 , 150. 00 to Smith.,' Fnk.elste ;n, Lundberg,
Crimmins-, & Yakaboski for- servi.ce.s- rendeere:d in connection with.
Bryce V. Gi.11e.spie, et Al .
Vote of -the: Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Counc .iman Nickles, Councilman Drum, Just:i:ce Doyen,
Superv .sor Pell .
This resolution was: declared duly adopted :
13. On motion of Justice Doyeri, seconded by Councilman ;Murdock., .it Was
RESOLVED tha:tthe Town Board of th.e, Towri of So. t d .authorizes
payment i.n th.e amount of $493'. 00 to Smith_, Finkelstein, Lundberg,
Crimmi.ns•, and Yakaboski for serVi.ces. rendered in connecti-on with.
Town of Southold V. Carey
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock., Councilman Nickles, Councilman Drum, Justice. Doyen,
Supervisor Pell .
This resolution was- declared duly adopted.
14. On motion of Councilman. Drum, se.co.nde.d by Councilman Murdock., i.t Was,
RESOLVED that the. 'To.wn: .Board of .the. 'Town' of..Southold author. zes
payment in the amount of $1,`500, 00 to Smith F nkeasae. n, Lundberg,
Crimmins- and Yak.aboski. for services rerider:ed in connection with.
Larson v.. Charles! Grigonis et al-..
Vote of the Town Board : Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Jusa .ce Doyen,
Supervisor Pell .
This resolution was declared duly adopted..
BERTRI'CE SMALL: Mr. Pell, excuse me, sir, but .th..es:e legal bills
come to some $5, 000,. or more, I' am curious; As; .to wb6 her we won
in these cases .
SUPERVISOR PELL: We will go into them in length, our attorney is
already prepared to go into them.
15. On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hire Patricia
Johnson as a part time Radio Operator at the Southold Town Police
Headquarters at a salary of $4 . 00 per hour, effective June 30, 1980.
Vote of the Town Board; Ayes : Councilman Sullivan, . Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared; duly adopted.
x,0101 JUNE 26, 1980
16 . On motion. of Councilman Nickles, seconded by Justice Doyen, it was
RESOLVED that Francis J. Yakaboski and Frank A. Isler be, and they
hereby are, appointed special counsel to the Town of Southold for
the purpose of prosecuting violations of the Ordinancesoof the
Town of Southold, and be it
FURTHER. RESOLVED that they be paid a reasonable fee for their
services.
Vote of the Town Board: Ayes : Councilman Sullivan, CouncilMan
Murdock, Councilman Nickles, .Councilman Drum, Justice Doyen,
Supervisor Pell .
This .resolution was declared dulyadopted.
SUPERVISOR PELL: We move on to number 17 . As you may have read
Mary Tuthill is retiring from Manager of the Nutrition Program in
Greenport . We did interview, the Office of the Aging sent their
representative down here, we interviewed four people for the job.
It is the recommendation of .theis. committee, myself and Mrs. Rinde
to recommend to the Board to hire Venetia McKeighan for this job.
She is a local girl . She lives here in Town of Southold-Greenport
area and it is our recommendation to the Board to hire Vee effective
July 1 .
17 . On motion of Councilman Drum, seconded by Councilman Nickles., i.t was.
RESOLVED that th.e. Towri Board of the Town of Southold hire Venetia
McKeighan as Site Manager of the Southold Town Nutrition Program
for the Elderly at a salary of $9, 500 . 00 per annum, effective July.
1, 1980.
Vote of the Town Board: Ayes-: Councilman Sullivan, Councilman
Nickles, Councilman Drum, Justice Doyen, Supervi.s;or Pell .
Abstain: Councilman Murdock.
Thi.s� resolution was declared duly adopted .
SUPERVISOR PELL: Number 18 is.. to pay, Morchea Heating and Air
Conditioning th.e sum of $3, 890. 00 . -This: i.s,, the last bill to be:
paid on th.e annek 'of the. Town Hull, .what we 'call the east wing
extension. - We had a little difficulty, with_ our York, Air Conditioning
equipment we put in. We had York come out a m.onth. ago and correct
the things we had and everyth.inh and now th.e architect recommends
we pay this bill ,
18 . On motion of .Supe.rvi.s:or Pell, 9.e.co.nded by Councilman Murdock., it was,
RESOLVED that the Town Board of the:. Town of Southold author _2es
payment of $3, 890. 00 to Morchel Heating and A r ' Conditioni.ng as
final payment for work. performed at the. Town Hall addition, GPA
Job No. 80335; subject to .Town Att.orney� Tasker °s approval .
Vote of the Town Board : Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 19.. The: Board dial discuss at great length.
today an area of putting a street. l ,ght up in one area down on Indian
Neck. Road, down at the foot of it .. Th.e :request was made by Miss
Adams who is i.n the audience now. Councilman Drum went down there
today, examined it , made his- recommendation to the Board. The Board
in working session did listen to Miss Adams who was there at great
length. and the Board agrees with. Councilman Drum the street light
at this time, in this area, was not to be granted. I told Miss
Adams a t this time and before she would have a chance to speak on
this in the Town public meeting and if -she wishes to be heard.
Henry do you have some comments?
COUNCILMAN DRUM: No, other than the fact that there is a light
there at present and I feel this serves the purpose as adequate.
The present light .
SUPERVISOR PELL: All right . I do not feel I need a resolution on
this . It was put on here but the Board does agree totally that one
is not to be put there at this time., We have instructed, will not
instruct the lighting department to put one there .
COUNCILMAN MURDOCK: I think an additional comment should be made
that the Town is buying new type of bulb that is supposed to give
three times as much lighting in the area and when the new bulbs come
in one of them is going' to be placed on the pole that is currently
in the area.
JUNE 26, 1980
MISS ADAMS : Can you tell me, is that in width, in what direction?
COUNCILMAN MURDOCK: In any direction the light shines provided
there is no obstructions to its path.
MISS ADAMS : It will be how many times what it now does?
COUNCILMAN MURDOCK: Three .
MISS ADAMS : Three times the width.
COUNCILMAN MURDOCK: Three times the lighting quality.
MISS ADAMS : It will not be a greater area; it. will be the same
area but just brighter, am I right? You made the statement Mr .
Murdock as if it were pertinent to the subject .
COUNCILMAN MURDOCK: It is pertinent to the subject that we will
be putting a light in the area that will provide three times the
illumination than the present light does .
MISS ADAMS : It will not illuminate any greater area?
COUNCILMAN MURDOCK: I am not an engineer .
SUPERVISOR PELL: Mr . Dean is not here right now. If he comes back
in I will ask him this question.
I ' d like to move on to the next three which you do not have on
your agenda. We are reviewing our traffic laws . We have a set date
to have a public hearing on proposed code changes to our traffic
laws . Stop signs, yield signs, speed signs on Town roads.
On motion of Supervisor Pell; seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold will hold a
public hearing at 3.:45 P.M. , Tuesday, July 22•, 1980 at the Southold
Town Hall , Main. Road, Southold, New- York in the matter-. of the amendment
of the Code of the Town of Southold, Chapter 92, Vehicle and Traffic .
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen,
Supervisor Pell .
This- resolution was declared duly adopted.
21 . On motion of Supervisor. Pell, seconded by Councilman Nickles, it was
RESOLVED thatth.e Town Board of the Town of Southold hire Andrew
Huszak., Jr, as a Laborer for th.e Department of Public Works at a
salary of 45 .65 per hour on a- one year probationary period..
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Nickles, Councilman Drum, Justice Doyen; Supervisor Pell .
Abstain : Councilman Murdock.
This resolution was declared duly adopted.
SUPERVISOR, PELL: Item number 22 . We opened bids, today for repair
to 75 feet of bulkhead in Mattituck between. the Anchor Inn and Old
Mill Tnn. It is a Town road end there., The bulkhead has been washed
out for the last few years. The Town Board has put it out to bid.
We had two bids and we opened up th.e bids today and I believe we are
ready to award,
22 . On motion of Councilman Nickles., seconded by Councilman Drum, .t was
RESOLVED that the Town Board of the Town of Southold award the - bi.d
for. bulkh.eadi.ng 75 lin ft. on Mattituck. Creek. at Mill Road between
Old Mill Inn and Anchor Inn at Mattituck, New York to James H.
Rambo, Tnc, at the low- bid of $12, 064. 00'
Vote , of th.e: Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, .
Supervisor Pell .
Thsi resolution was declared duly adopted.
SUPERVISOR PELL: That completes the formal part of the Board'-s
agenda. I will ask the Town Board if they have anything to .bring
up. Larry? (nothing) Hank? (nothing) John? (nothing) Francis?
(nothing) George? (nothing) . Okay, the floor is yours . One at
a time . Please stand and identify yourself so the Town Clerk can
get your name .
JUNE 26 , 1980
MR, ALEX PORTANDA.. 1 li,ye in So-uthwo.Qd coxnjmun.ity and 'am President
c)f- thc-.., S(.,,uthwo_Qd Property Owners- Association , . The. community. i s'
one
s-tre:6t. east -of Okalawn Averiue ''Extensli,on and south. to Goo.se Neck.
W'e are concerned about the proposal to eliminate Jockey Creek Bridge.
If our Town administrators decades ago saw- fit to erect a btidge
when there were fewer than 5% of the people in the area currently
using our bridge today then 'l can 't see the wisdom of trying to
knock down the bridge that is- serving more than twenty times the
number of people , 1 have seen people us.e that bi.rdge to walk. to
town. Elderly people. I 've seen ladies go to Mas s, my father
who is: 89 against my wishes when I 'm not home sometimes goes to
the. pharmacy-. It doesn 't make sense., The southwood Property
Owners- A,5,s�ociation therefore is completely- opposed to the idea
of eliminating that bridge because we need it . Thank you.
SUPERVISOR PELL:. The Town Board feels this: is very important,
this
5, i,5, why we have chosen one night to dedicate a public hearilng
on th.is, I hope you will come. July 18th., 7 ; 30 P.M,
MR., PORIANDA: Would you like a letter on this?
SUPERVISOR PELL: I sure would like a letter, yes:. This is a
tentative date but I1m. pretty sure that will be it because .
they have to get the engineers from the county out here to answer
some of the things we can 't answer . I have a. call in to them.
They have not called back to confirm the date as yet .
MR. PRQIANDA: It was my understanding that today there was
.supposed to be- a representative of the county,
MRS, SMALL: I am goi,ng. to go back to what Alex was talking abdut
because I think is very important that the Tow n Board get a
little
ttle input . I own a shop in the village. I live in Southold.
if that bridge i.s removed I have a one mile round trip extra from
my drjveway to the; fr
ont of my shop, How about the fire department
i,i they're forced to go around during a heavy traffic period on.
Main Road ,we have 'a danger to life .and property. I als-o br.ing up
Rmbulanzea, .1 bri,'ng up school 'buses, the 'extra gas expended in
th_es'epubl.: .c vehicles q , going to cost the taxpayer who is already
Over-biirden.ed, . There are' a number of young children, I think., in
the Southwood area and along Pine Neck Road-- who- walk to and from
the vi
llage, They can no longer do so. Mothers who send their
teen*agers: off on market trips, right now ki.ds can come down
PineNeck-, across bridge, on to Wells, to Hill, to. Youngs.
Avenue,* they are I never on Main Road at all , Main Road has truck.s,
it ha:s, bds,es and that int6rsectioe 'up there coming down from Main
Bayview is the biggest accident maker in this Town . All right, this;
br. dge serv
es, sever. al 'thousand people, not only Southwood, Harbor
Li.ghts,-. 1,s. .out there, okay? Remove it is: doing a disservice to the
taxpayers- of this community, the wh6le *community. If you remove
that bridge you concentrate all the traffic that goes on that bti.dge
on already heavily trafficed areas in this, Town , then those roads'
are going to need more reprirs, more money out of my pocket, more
money out of .your pocket . Possibly the roads will have *
to be widened,
that means more money out of my pocket, more money- out of your pocket,
and possibly confi,,qcation of private property to widen thoae 'roads .
So. I. think the Town would be wise to listen to a little bit now and
then hear ar more on the 18th.
SUPERVISOR PELL: Right , I ' d like to see you on the 18th.
COUNCILMAN SULLIVAN: The first thing I heard about the bridge being
removed was in the papers today. I think the Town Board is in no
way ready to eliminate the bridge . It is jsut a confused situation.
MRS . SMALL: Can the county eliminate that bridge over our wishes?
COUNCILMAN SULLIVAN: It is a county owned and maintained, I believe,
bridge, so whether they can or not , legally, I don 't know.
MRS . SMALL: Do you thin k it would be incumbent upon the Board to
check into how many people live over on the other side of that
bridge at this particular time; the people being served by the
bridge .?
SUPERVISOR PELL.: The letter I read from the county said they do not
JUNE 26, 1980 1C7F.
propose to eliminate this bridge., I . repeat, they do not propose --
MRS . SMALL: Then why have they brought it up?
SUPERVISOR PELL: Some local sentiment , they, said, exists. Somebody
brought it up to them.
MRS. SMALL: And we all know who that is don 't we?
MR. JOHN KENT: I 'd like to acquaint the Town Board with the fact
that the trailer along is no longer the sole problem. And further-
more the =_"_: has become a working yard where they start working at
eight o ' clock in the morning and so forth until four o ' clock in the
afternoon and they have brought in truck loads of equipment which
they must use, I don ' t know, for molds or for whatever they have to
use for work on ..the causeway. Now, all these trucks and other
implements are being parked in this lot and they come at 7 : 30 in
the morning and disturb the whole neighborhood. There are prospective
tenants or neighbors who would like to rent their property; sub-
stantial rental who now have second thoughts on renting this
property which means a substantial loss maybe into thousands of
dollars. We also know that you have asked them to remove the
trailer, Now, what are we going to do to get them out of there?
SUPERVISOR PELL: The Building Department is in the process of
taking legal action against these trailers and unauthorized use
of that land. You have the photographs. I did see them yesterday.
(.Mr. Kent presented photographs to be made part of the record. )
SUPERVISOR PELL The Building Department is working. As they
say, the law sometimes moves slow, we wish it could move a little
bit faster but we had the building Inspector in today. We had
discussed it with him, he knows of our decision today, he will
be told to move as fast as he can .
MRS, NORMA MILLER: They don' t listen to you.
COUNCILMAN DRUM: Today is the first time that we denied the
application.
MRS. MILLER: Th.e. Building Department has notified them . twice.
T asked at the Town Board meeting and you .said no heavy equipment
I personally tangled with. a bulldozer twice : I .don ' t normally
do those kind of things and I 'm getting very very neurotic out here .
I told them the Town Board said you- can 't do this .
SUPERVISOR PELL: Mrs. Miller, I understand you have been. I have
met wih. you .twice. Mr. Fisher has tried his: best . He is preparing
legal papers that is the next step.
MRS . MILLER: I have lost money as of today. In other words I must
hire a lawyer and sue, get affidavits -- it is, five weeks .,
SUPERVTSOR,_PELL: We are not powerless .
.MRS, MILLER: It is five weeks, They did not ask for a permit . They
asked .for approval after the fact . I appreciate the problem that
you have, and I' do congratualte you for denying the application .
MR. HERBERT MANDEL: It ' s not on your agenda, but there are a number
of property here from Gull Pond who are abhored by the resolution of
the Board that was passed on March llth and are very much against
it, :.-, and is very much against it . I would just like a show of hands
to indicate who is here in case you wish to hear any other rep-
resentative on that subject .
SUPERVISOR PELL: All my neighborhood is here, right? I would like
to address the audience. You and two of your other folks were at
Town Board working group today at-:half past two. The problem is,
and I will ask the Town Attorney today, do you want to comment on
the problem, Dick? Dick 'Lark, our Town Attorney for today, ---
Dick Cron, I 'm sorry.
0'-- JUNE 26, " 1980
RICHARD J. CRON, ESQ. : Let me say in comment to what the lady in
the rear-' just brought up. Unfortunately what has happened in the
past has nothing to do with what the Town Board has done today,
They have an application before it and they reviewed the application
and they denied it by resolution. The matter was in the hands of
the Building Department up to this point . The Building Department ,
as it must when it .'finds a violation of the ordinance, must serve a
certain notice upon the people who are violating the ordinance. If
they then cease to, if they refuse to act in accordance with the
notice the obligation of the 'Buil.ding Department is to refer the
matter to the Town Attorney who whoever is going to prosecute
violations of Town ordinances . I understand that is in the process
of being done and presumably the next step will be that the attorney
who is being hired to prosecute the case on behalf of the Town will
move the matter into court and proceed like any other court case .
I know that probably doesn ' t give -you what you are looking for but
I'm not going to comment and tell 'some.body else what they should do .
MR. KENT: This man took possession of that property without
permission. He is there .
MR. CONK: I don 't know whether he took possession without
permission, I assume that whoever moved the trailer on there
had permission from whoever owned the land. But if he did it
in w�olation of the law is something else.
MR. KENT: Just because. the owner breaks the law does not make it
right .
MR. CRON: Nobody says it is right, that is why steps are -being
taken now to rectify it .
SUPERVISOR PELL: Mrs. Miller, you cannot say that there ;is no ::fine
at this date. Steps are being taken, I hope, to go to trial and
court and something will be done about it , yes.
NOEL LUTKOWSKI : I. live on Inlet Lane in Greenport . I am one of
Mr. Mandel 's neighbors. I would like to get a - I think you
referred the legal matter over to the 'Town Attorney so I would
like to hear what he has to say about it but while I still have
the floor if I just may make another point regarding the Klipp
Park. down at Gull Pond. This is one of the most beautiful parks,
pr.ob:abl.yi.-cot.tki:nlyi-,onc?eastern Long Island, maybe this part of the
east .coast , and I'. live a short block up from the gate and I 'm.
getting, frankly, pretty disgusted with. what goes on there at
night as long as th.e weather is fairly warm there area lot of
kids, down th.ere dr.inki.ng beer, doing all kinds of other things.,
probably, smoking pot, taking drugs, whatever." The other night
the gates got :lock.ed for the first time . thi.s _ season and seems
that one of our younger citizens was locked in, decided to dirve
his; car out and he did so through the gate and he did a very nice
job of,. I_ guess-,. wiping out about two or three thousand dollars.
worth-.of fe.nci.ng..
SUPERVISOR PELL: Twelve .hundred and fifty dollars .
MR., LUTKQWSK.T, Twelve hundred, thank you. L 'd like to ask. for
ncreas;e.d pol.i,ce. Protection down there, the possibility of .the
gate being closed all year round and I would like to find out what
are your plans for replacing that gate and hAVing it locked at
night?
SUPERVISOR PELL; The Board got the bill today. The gentleman was.
to be in court this, morning. He had a court case with the. Town
court today. The estimate to repair the damage done is $1,'250. 00.
If my information is correct , and I .stand to be corrected, the
gentleman was not locked in, he went through and came back out .
MR. LUTKOWSKI:; No, I was a witness and that 's not the way I saw i:t .
SUPER'VI`SOR PELL; The Chief of Police was, in today. It was discussed.
I: also live down there right where you live .
MR.. LUTKOWSKI: I saw you Monday morning coming back from the beach.
.and you were absolutely disgusted.
JUNE 26, 1980 191
SUPERVISOR PELL: It was brought. up in the Police Committee . - The
Chief of Police was- asked to have more enforcement down at that
particular site, especially while the gate .is not locked you cannot
close it down at night . It is a raceway and this was brought to
his attention today. I think I have been on Town Board for three
years two, two and a half to three years and I only complained to
the police personally over something twice, both times was in the
last two weeks, of that becoming a raceway at night .
MR. LUTKOWSKI : I 've complained so many times they know me by my
first name now.. But anyway, when do you 'think we ' ll have the new
gate up.
SUPERVISOR PELL: Mr. Dean, how long before we ' ll"-.have the new
gate, any, idea?
HIGHWAY SUPERINTENDENT DEAN: As soon as we build it . It should
be within a week. If we can get the components and parts and
stuff like that . I ' ll start tomorrow morning getting the parts .
MR. ALEX M'ARTAGAS : I also live on Manhasset Avenue in Greenport
and I want to further complain about , first of all, the Problem
at Gull Pond and the raceway that we have. The other day I had
mSr child:-;outside and this blue Trans Am Camaro came up at about
85 miles per hour. The car in front of -him was so afraid he
pulled over into the grass and the car in front of him went over
the other way. This had been a common occurance and not one time..
At night we sit there, me and my wife, and say well, there 's another
two gallons worth. of gas and about two dollars worth. of rubber . It
i.s: really an embarassment to see these cars racing and causing the
problems: and what have you. I would like to see either some kind
of patrol or stop sign or yield sign or bumps in the road or some-
thing to stop this. If you don 't someone is going b get killed,
and that is going to happen .
SUPERVISOR PELL: This was discussed today at Police Committee Arid
the. Police Committee instructed -to have more.. patrol down there. I
know exactly what you are talking about .
MR, LUTKOWSK.I: Can we get some more information on that 'oth.er. meeting?
MR. CRON: We. met at a Board session and Mr , Mandel, I believe, was.
pres:ent,_ I. would like to say at the outset- that I got involved in
this thing just as of yesterday and you can appreciate .that basically
I' am here-on a pinch. h.it basis. The Town Attorney for the Town if
away and while-1 have specific opinions of my own :I had asked the
Board to withhold or delay making any determination until the Town
Attorney returned next week. I think there are some serious.
quest ons that wi.11 have to be resolved with. respect to what has
b..ee.n committed in the past ., It is my opinion I think the action
that was� commi.tted there was something that should .not continue
Again, I: have indicated to the Board that I: thought it should be
deferred until th.e. Town Attorney returns. If is only fair that he
make the final determination.
SUPERVISOR PELL: What we have done. We will ask the Trustees not
to issue any more mooring permits . They have issued one so far,
one. They have a meeting on July 2nd with more on the agenda. We
will ask them not to issue any more until after the Town Board -
meets on July 8th with Mr . Cron, our Town Attorney Mr . Tasker and
evaluate the situation we find ourselved in, so therefore no action
will be taken on this matter until July 8th, 7 : 30 at night when the
Board meets.
MARTINE MIORANA: Assuming they don 't remove the trailer and you
do take them to court , how long will that take?
MR. CRON: There are remedies and I am not going to comment as
to how somebody else is going to conduct the case. I think the
Town will have to rely on: the counsel that they hire to expeditiously
move the matter to a satisfactory and prompt conclusion.
COUNCILMAN DRUM::; Of::course, at this time we cannot say that they
will not remove it immediately. Remember, today is the first time
that we denied their permit . Now, the owners may well see that
they 're removed in the very near future.
1�2
JUNE 26, 1980
" MR. KENT: Aren't the owners of the property in violation for
putting those trailers there?
MR. CRON: Yes, they 've been cited for it .
MR. LUTKOWSKI : What about that one permit down in Gull Pond?
MR. CRON: That will come before the Board on July 8th. It will
remain as is until a final determination of the board on. July 8th.
MR. LUTKOWSKI : What is as-' is? I understand a permit has been issued.
MR. CRON: That ' s right, and that status will .remain until July 8th.
I . think the final determination outght to be made by the Town
Attorney as to whether recision of anything that was heretofore
granted should be done . The Town. Trustees could review it again
and do just that.
MR. ISRAEL: Will that be on the agenda July 8th?
SUPERVISOR PELL: Yes, it will . 7 : 30 at night, it is a night meeting.
Anybody else wish to be heard?
MRS. MIORANA: Once the trailers are removed, there was fill put
in there and I would like to know to whom we should address ourselves.
Whatever-they dug out of the Highway was put in there and the land
was filled in with that . The land was filled in with highway debris .
SUPERVISOR PELL: We will turn it over to the Building Department and
I will personally make sure that they pursue it and on top of it
I have made-::one telephone call to the DEC on this. Mrs . Miller was
next to me when I made it , to amke sure they are aware of what is
going on .
MR. KENT'; I. only concerned, how can Mrs. Miller be indemnified
for the loss of the tenant if this thing does not take place?
MR. CON: She had better seek private counsel .
COUNCILMAN SULLIVAN: I know you are under no obligation,
obviously, to do this, but you are aware of any spots that they
could .relocate to >
MRS . MIORANA.: What about down at the Mallard Inn?
COUNCILMAN SULLIVAN: Do you have any other alterantive sites that
would not be objectionable to you?
.MRS . MILLER: The Mallard Inn.
MRS.. LI:M.OUZE: Truman Beach.
MR. KENT: At the very end of the causeway.
MR. CHARLES MALONE : I live on the North. Sea Drive and I 'd like
to get some information about the condition of the beach. Groins
being constructed and any engineering surveys and analysis being
made in reagrd to the erosion of the beaches on the north shore?
SUPERVISOR PELL: North Sea Drive? Up here on the sound at Kenney 's
Beach. That is exactly what I said before. The county .is coming
out to make a study on this . I was talking to the. county executive
yesterday to get Mr. Kammerer to get his act moving a little bi.t
faster than he has . The county is going to make a study, yes, on
the whole area. It is under way.
MR. MALONE: The question I have is why it is occurring in recent
years is it from the construction of groins; or is it the. changing
of tides?
SUPERVISOR PELL: This is what we are trying to find out . We don 't
know either. This is why we asked for a study to be made. Th.e
county is funding it with their funds and it is: in the works.
MR. MALONE : One other point irrelevant to that., is the idea of
raceway. Cars racing up and down Kenney's Road. I observed that
last night, the same-,condition as the other property owners
mentioned and the police are aware of it .
JUNE 26, 1980 193
MRS . MIORANA: Just one last word before we leave, we want to thank
you for your consideration and time .
GLADYS CSAJKO: On number 16, who took your cases to court, who
prosecuted before?
SUPERVISOR PELL: Mr. Yakaboski :.
MRS . CSAJKO : In other words you are hiring -- to prosecute the
case, what are you doing now?
SUPERVISOR PELL: What we are doing now, we are hiring Frank and
he has to be appointed by the Board and 'his assistant . His assistant
will cost us' less per hour to use to do some of the ground work
before Frank goes to court . If Frank has to do all the ground
work he is more expensive per hour and Frank asked us to hire his
assistant also. There is about $25. 00 difference in fee per hour .
I think it is $60. and $85 . , if my notes are right , per hour.
MR. FRANK BEAR: I just want to publicly thank the Board for delaying
action on the coastal management legislation matter . I , as you
know, read a statement to the Board and I would like to nevertheless
submit it for the record and just want to thank the Beard for
taking this under consideration and hope that you will see that
we do have a great deal to gain.
(The following statement was read by Mr . Bear at the work
session of the Board:)
"Tf the State of New York does not pass coastal management
.legislation, neither the state nor the Town of Southold will be
eligible for funding to implement coastal programs. It is true that
the state now has wetlands and other legislation which covers most
if not . all of the points covered under the coastal management
legislation which is required to make us eligible for funding, but
without the blanket legislation, the financial burden becomes entirely
one for the state and local governments . At the present time, only
,four states have failed to take advantage of 'the program and some
already have begun to receive funding.
"in the Town of Southold, four areas have been designated as
Georgraph.ic Areas of Particular Concern (GAPC' s) , plus the Village
of Greenport . Probably the most important among these now is Mattituck
inlet, wh_e're: th :s- Board's committee is working toward a solution
created by the tank. farm'. Under CZM, this:. study and its implementation
would be eligible for funding. Related to- that;. but on a broader
scale, i.s the Town Planning' Board' s consideration of an updated
town. development plan. Funding also could be available for that
because. the: Town of Southo:ldr.'_is almost entirely within the designated
coastal zone:. Other GAPC 's in the town are Peconic Dunes, .
Orient Point and -- date I mention it? - Robins Island.
", Three. Long Island Towns inr;addition to the 'Village of 'Greenport
a,lre.ady have expressed interest in the funding which. could be
available if the state passes the coastal management legislation -
which. in fact already has passed the Assembly but is held up in
a Senate .comm .ttee.. . They are Brookhaven., North, Hempstead and
Southampton. The. Town of Southold could be eligible. too---if
the state legislation becomes law.
NANCY NORKELUN: T have just spent four exasperating hours: here
in the Town Hall and I just wanted to bring it to the Board's
attention of what 's going on. My inlaws in Orient want to sell
two pieces or property. They were bought ten years apart from
each. oth.er, before. zoning came into existence.; . Th.e:y are bounded
by about twenty feet . We are told all of a sudden now- that we have
a buyer that this property has to be subdivided.. The.- buyer wants,
to close within a month, They tell us, it is going to take three
months to subdivide this- piece of property that we never asked to
have put together . I't is going to take. time,. We will lose;the
buyer and we want to know what can be done without going through.
all this. Look. at the papers .. This: does;n.f<t mak.e, any. sen 5,,e
COUNCILMAN DRUM: I' am. very much concerned as. you are. and un-
fortunately our regular Town Attorney is: not here and will not .
back and I' hope this can be discussed to , some extent next week.
w tht:our Town Attorney.
SUPERVISOR PELL: All I can tell you is, the Town Attorney gets
back the first of the week and I will ask him to come in, I will
194= JUNE 26, 1980
ask the Board to come in prior to the 8th to go over this what
you have just --- your inlaws have asked me about it . I will ask
the Town Attorney and Board prior to the 8th to review this and
several other things to see if we can 't -- I went over this with
the Assessors, the tax people and the Building Department to be
honest with you right off hand I don' t know what you can do. This
is what I want to see Mr . Tasker when he comes back on . But as
far as now I don 't know how you can do it .
COUNCILMAN MURDOCK: How large are the pieces?
MRS. NORKELUN: About half an acre pieces.
COUNCILMAN MURDOCK: Unfortunately, we put in one acre minimum
zoning law ---
MRS . NORKELUN: These were pre-existing properties before.
COUNCILMAN MURDOCK: I understand that , but in the law it sayas
that any contiguous properties, no matter when they are bought
are to be considered one peice of property. That was the law that
was, I think it was about eleven of twelve years ago that the one
acre zoning went in .
MRS . NORKELUN: The property owners were not informed of this?
COUNCILMAN MURDOCK: I am sure they had public hearings at the time .
They might not have gotten ahold of your mother and father and
said, you know you bought two pieces of,-.property ten years apart .
This is what ' s happening. I am reasonably sure, I Iwould have to
really research it to find out what the publ c notices were and
all the minutes of the meetings of the public hearings. But I an
reasonably sure all of these things were gone into detail with
the. public ..
MRS . NORKELUN It was a complete surprise to everybody when all
of a sudden we were told we had,,.--,to subdivide the property.
SUPERVISOR PELL: You received two tax bills .r ;gbt along?
MRS. NORKELUN: Two tax bills, two deeds, tight along.
SUPERIVSOR PELL: My point of view when I talked to your mother-
in-, law was if you bought them ten years apart and receiving two
tax bills right along ---
MRS . NORKELUN: There is a mortgage on one piece of propertyy and
not on the other ..
SUPERVISOR PELL: How in the world all of a sudden this goes. from
two into one,---
MRS. NORKELUN: One is zoned business. and one is, zoned .res.ide.n,tiAl .
SUPERVISOR PELL: I went around with the people yesterday. The
Town Attorney I tried to call him yesterday after I spoke to your
mother-in-law- and he 's out of town.
MRS. NORKELUN: We felt we would all go along with it and we ' ll do
all this and then we 're told it ' s going to take three months and
we will lose a buyer and all sorts of things.
COUNCILMAN NICKLES : I may be corrected if I am wrong, but people
that do not own property in single and separate ownership when
zoning came an- their lots were not equivalent to the one acre
lost their single and separate lots. I:n other words in order to.
maintain two pieces of property one would have to be, lets say,
in your name, one would have to be in your husband' s name. But ,
if they were jsut solely-' in your name even if you have the deeds
ten years apart and a martgage, no one knows that in th.e. zoni.ng-.
planning board area so naturally it 's combined. There are a lot
of people in the same boat that you are that had four, five, six
lots contiguously .n single and separate ownership in filed
subdivisions who were not exempted from the new- ordinance and
it is unfortunate that those htings happened.. We will see what
we can do to expedite it but I th.i:'nk it is- going to be a major �-
JUNE 26 1980 19 .,`
COUNCILMAN .MURDOCK: It probably won 't help you any, but just to
give you an example, when my next door neighbor died he had left
in his will that I buy two lots from him that we had been sharing
jointly over the..years and he had it in his will that his heirs
be instructed to sell me the property and it . happend to be a very
nominal sum. We had to go, I don ' t know, took maybe six months
and we had to hire many attorneys because nobody had ever left
a provision in a will but the Town Law survives and it is single
and separate. Any contiguous property is one property and we do
have a Zoning Board of Appeals and that is probably ---
MRS . NORKELUN: The Zonignn Board of Appeals and we have to go to
the Planning Board and by that time it will be the end of September .
SUPERVISOR PELL: We will talk to our Town Attorney next week and
get back on this. I came up with the same thing going around the
Town Hall as you did, three months.
COUNCILMAN NICKLES : I would suggest that you make the applications
before the Zoning Board of Appeals rather than waiting. I would
get them filed because it it turns out we can 't do something for
you or it is the recommendation of our Town Attorney and you have
waited another week 'to ten days you may not even get on the Zoning
Board of Appeals in time so I would suggest you do your part, file
your application. to the Zoning Board of '<:Appeals .
MRS, NORKELUN: We are trying to go along with it but it is just
exasperating.
COUNCILMAN NICKLES : You do your side and we 'll see what we can do .
MR. MALONE: There is: property near where I am that has been divided
into smaller lots a long time ago .. Can that be sold individually?
SUPERVISOR PELL: I wouldn 't know that .
MR., MALONE: I:t had been subdivided before and I: am curious whether
that could be sold now?
COUNCILMAN NICKLES. I.f it is in single and separate ownership
and it meets: the. 5uffolk. c.ounty Board of Health. requ reme.nts they
are buildable lots-.
MR.. CRON: if it meets the Town zoning requirements as to area
and frontage and so forth ---
SUPERVISOR PELL: Before you leave here, if. you've got a minute,
stop down and. s-e.e Mr , Fisher in the Bui,ldi.ng Department , he 's,,.
there right now, and he. can answer you..
On motion of Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that there being no :further bus-ines,s to come before this
Town Board meeting adjournment be called at 4 :30. P.M...
'Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock., . Councilman Nickles.;: Councilman Drum, Justice Doyen,
Supervisor Pell .
This resolution was declared duly adopted;.
Judith. T.. Turry
Town Clerk