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HomeMy WebLinkAboutTB-12/16/1980 4'70 SOUTHOLD TOWN BOARD December 16, 1980 WORK SESSION 9 : 15 A.M. - The Board began auditing the bills. 9 : 30 A.M. - Mr. Charles Kuebler, Administrator of the Eastern Long Island Hospital and Dr. Z. Micah Kaplan met with the Town Board to discuss the proposal to lease a Vita-Stat Automatic Blood-Pressure Computer to be located at the Town Hall. Dr. Kaplan raised the question of whether it would be utilized enough and he was assured that close to 100,000 people come into the Town Hall over the course of a year. Dr. Kaplan said he has discussed this with the doctors at the hospital and they are not basically opposed to it. Mr. Keubler said be checked .with the American Heart Association and they reocmmen- ded against it back in 1978, however, recently they said that there is nothing inherently wrong with the the machine if the method of maintain- ing its accuracy is followed, and counseling is available for those who use the machine. Councilman Nickles recommedned melding the hsopital staff and services of Compu-Pressure Inc. into a viable program.. Mr. Keubler thanked the Town Board for their support on the mental health issue. Their application is still pending and when it comes before the Suffolk County Legislature he woule appreciate the Town Board' s wholehearted support. It was usggested that letters be sent to Dr. Harris of the Suffolk County Department of Helath Services , Legislator Gregory Blass and County Executive Peter Cohalan. 9 : 50 A.M. - The Board resumed auditing the bills. 10 :00 A.M. - The Board began reviewing. the agenda. 12 :05 P.M. - Recess for lunch. 1 : 20 P.M. - The Board resumed reviewing the agenda. 1 : 35 P.M. - The Board met with Town Trustees Hataier, Smith, Kujawski, and Staples concerning mooring permits at the Norman E. . Klipp Marine Park. Mrs . Hataier stated that Gull Pond is public waters and Klipp is public access and the Trustees are in total agreement that they should issue mooring permits at that site, and in fact have done so. Supervisor Pell said it is now time for the Town Board to make the decision as to whether they wish to honor or rescind their March resolution empowering the Trustees to issue mooring permits at the bulkhead. Town Attorney Tasker 'has received an opinion from Peter Spplrbaum, Senior Attorney for the Office of New York State Parks and Recreations stating that the mooring of boats along or near the bulkhead at Gull Pond is not inconsistent with the provisions of the 1970 agreement between the Town of Southold and the State of New York. Town Attorney Tasker was previously of the same opinion. It was the vote of the Town Board to abide by their March decision to allow the Town Trustees to issue permits at the bulkhead at Klipp park: Councilman Sullivan, Murdock, Nickles, Drum--yes. Supervisor Pell--No. 1 :45 P.M. - The Board resumed reviewing the agenda. A regular meeting of the Southold Town board was held on Tuesday, December 16 , 1980 at the Southold Town Hall, Main aoad, 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, TTI Councilman Henry W. Drum Councilman John J. Nickles DECEMBER 16 , 1980 Councilman Lawrence; Murdock,. Jr. Councilman George R. Sullivan Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Deputy Supervisor Marie Bauer Johnson Absent : Justice Francis T. Doyen SUPERVISOR PELL: On behalf of the Town Board I ' d like to thank you for coming out today to our regular Town Board meeting. Before we. go into the agenda I have a couple of announcements I would like to make. A couple of weeks ago we received a letter from Mrs . Martocchia, the wife of the man who sat in this seat for ten years, saying she would like to present to the Town the flag that was presented to her on the day her husband was buried. Approximately a half hour ago-- we did invite here to come today to the Town Board meeting--a half hour ago her nephew came in to Town Hall and presented the Board with this flag from her to this- Town and it will be flown at Town Hall here. Also, when you go out today I hope you will take a minute to pause as you are going out the front door and look at the plaque that was placed there in the last couple of weeks.. It is a stone , and upon the death the friends and employees of the Town chipped in some money and had a nice little plaque made and it is placed in front of the Town Hall . The gentleman did serve ten years in this chair, a long time, and we do want to remember him today as his wife presented the town with this flag. I will ask you to ail rise. and join in a minute of silent prayer for this. COUNCILMAN DRUM: I would like to say, Bill, I hope perhaps at a later date we can have Mrs. Martocchia attend one of our meetings and make a little ceremony of it when she feels up to it. SUPERVISOR PELL: I agree, thank you. We have two guests with us today and I would like to introduce them at this time and I understand they are going to stay for the length of the.,meeting and there are items they will both be concerned with and we will go into a little bit and ask them to explain them when we come to them. The first one is our County Legislator Greg Blass . Gregory. SUFFOLK COUNTY LEGISLATOR GREGORX .BLASS : Sup_ erVi.sor, membe.r.s of -the Town Board, ladies and . gentlemen. . There are several, items that I want to discuss with you today and I appreciate the invitation to come down here and talk to you about them. The first concerns the legislation to establish a beverage container law in the County of Suffolk known as the "Bottle Bill. : which is being sponsored by Legislator Patrick Halpin and Legislator JohA Sorli;.. That bill is now before the committee of Legislative/Personnel and Judiciary, of which I am Chairman and as Chairman I Want to invite you to .please come and participate in the hearing which is taking place tomorrow evening in the Riverhead County Center at 7 : 30. If and when any. elected officials appear at that hearing I give them first priority inasmuch .as they represent the most people, to offer any statements, views , opinions , suggestions that the bill might use. If that hearing goes as expected, it should wind up about, 10 : 30 or 1.1 :00 o ' clock. at night , so the earlier you get there the better, We will be very glad to hear from you on that, The b1.1 itself, When it is finished with the hearing process, I would point out those are informal hearings, then the committee will take a vote on whether to discharge it to the legislature. I then expect a' formal hearing to take place and be preseided over by the full legislature and that will probably be some time in the latter part of January and that is not too far from the time the bill will be voted on by the County.. If it is passed, the bill will take effect in January of '1982,. to give the community time to prepare for it . The bill has set up a minimum of five cents deposit on all beverage containers which contain only two types of beverages and those would be. carbonated soft drinks and beer or those beverages in the beer family, be they ale or malt liquor or whatever. The major objecti.on . tha.t we are having to' the bottle bill and we had one informal hear.i.ng. al.ready on the committee level and that was in Hauppauge, it was expressed by persons who are in the merchant community who deal in the sale of these beverages, were very concerned about the space necessary to store empties. They are also concerned about the health hazards whenthe empties which are not clean will be attracting all kinds of insect pests because of the sugar and residue in the container itself. 472 . DECEMBER 16 , 1980 Those two objections really focus on the major objections that we have against the bill. Also, the fact that it would only. be a county- wide `ban on throw away containers for those types of beverages and not a statewide one. The logic behind the legislation is to promote the idea on a state level. As you may know, the legislation on the state level has been in the committee process for about five years . It ' s been held up that long. I ' d be glad to answer any questions you might have about the bill after I finish and I have given copies of the legislation as it is currently written to all the members of the Town Board. On another note, we have the matter concerning dredging which I wanted to bring to your attention. The people in the Department of Public Works who are responsbile for the dredging once it is approved by the legislature have told me that we have a number of places in the County of Suffolk, particularly on the east end and particularly in the towns of Southold and Southampton, which are problem areas which require dredging every year in order to be properly maintained and open for navigational purposes and they have suggested that I provide them with a list of those areas that they think might merit different attention and different action than the routine- annual dredging and by that they mean the possibility of jetty construction. I told them that I am riot prepared to submit such a list, I would yield to the Town' Board of the_towns involved: and I am doing that today with, the Town ,of Southold; to you gentlemen, because actually the idea of jetties is a controversial one and you know what harm they can do as well, as good., but there may be some places that a jetty would not be harmful and that might benefit the dredging situation that we have and one places that comes to mind will be discussed today by some residents in the area on Cedar Beach, but I am leaving it ultimately up . to the Town Board to decide and if there are any areas which might be better treated with jetty construction thatn annual dredging. If and when the Town Board provides their report and the Trustees of the Town provide their input I will be prepared to take whatever action that you suggest but as far as I'm concerned, the view is among the public works department people, that if a jetty is constructed in. certain areas it will actually enhance the environmentaj situa.'tion as well. as enhancing the problem solution, So those are the major points ,l had to say about dredging today. I will await a list from the 'Town before I do anything. Next comes the situation with the charge-back system. We have. two points there, Just to go into the history of the situation a little b,it . - The county police department. is a police department that was turned down in the referendum as far as the east end towns go, when it was set up in 1960 only the .five western towns of Suffolk County approved of the county-wi.de police department and in fact , that is what they've had all this time., It is without question, and I have this as an observation of my own, the most expensive police department in the nation with a strong second by that of Nassau County and the effort to diminish our burden of the expense of the county police department had some success this year. County Executive Cohalan and I were able to put through a proposal in the county legislature which removed the general funds contributions to the Seventh squad Detectives which are an arm of the county police department and which works with the different town police departments on the east end for major crimes investigations. As a result of eliminating that general fund contribution, when and if the towns on the east end use the county police seventh squad, they will pay for it on an individual, basis , on. a pro rata basis rather than having an annual that we were faced with.. Many of us thought that annual charge was too high' and many of us thought that the services that we got back as a result of � that annual charge was not adequate through paying for more e than we are getting. So as. a. result. of the fact that we are no longer pyai,ng an annual general fund charge to the county police seventh squad we' re supposed to start with some type of charge back system. The charge back system would be defined as the formula by which we pay the seventh squad services on an individual basis . If a Suffolk County Police Department--or I should say an east end town., say the Town of Southold, decides they want to use the seventh squad, number one they will know they will have to pay for it as they use it; rather than knowing " .t is always there at their disposal. This I think would compel a, careful and more select use of the seventh squad services. But if they do decide to use it they will need some type of formula to calculate how much it will cost them, This is what the seventh squad i.s supposed to do and as I understand, the .county comptroller and the east . end supervisors had decided to form a committee 'to set'- bur some type of charge back system. DECEMBER 0"6 1980 L 73 . I don't know where the progress of that committee' s work is now. I really have no idea the way that 's going, but I do know that the charge back system will be needed because we need some type of formula to calculate how the seventh squad' s services will be paid for when and if they are used. Something should be in order starting in January and the county executive' s budget people are trying to work on some type of formula as well but the comptroller and supervisor' s input will be most helpful . The other point about the county police situation involves the county treasurer's office and the use of the money that ' s collected for the police district . We are not in the police district , as I explained, the five western towns are. The five western towns have their own police district and are burdened quite heavily by it and when the county treasurer has these funds, the treasurer would invest them in short term notes unless the revenues had to be used right away. The money that didn' t have to. be used right away was invested which is a normal and routine fiscal practice among municipalities . Well , when the treasurer did this the interest that was earned on these short term investments was paid into the general fund. Several members of the legislature, whom I shan ' t name, have said that this practice is not proper and that the money that is taken from interest on investments should be channeled back to the district taxes and not to the general fund. If .this comes about we are going to have what I would describe as - a gap in the general fund that we never had before. So I, think that this investment practice by the treasurer of police district taxes and what is done with the interest on those taxes out to be considered very carefully and if in deed the investment--interest income from the police district taxes is taken--not in the general fund, but back into the district fund, we are going to have a gap we' ve never had before and we may have to have a tax adjustment :in the town budgets. I would suggest again that communication with the treasurer'-s office and a ,discussion of just what her plans woul-d be in light of this criticism on the .legislature .would be very much in order from all the towns and I 'm making this suggestion to all the towns. Those are the two points I only wanted to make on the police charge back situation, The last point I want to discuss is the OTB revenue sharing. A proposal .is pending in the legislature to channel some of the money that is earned by Off Track Betting in the different betting parlors throughout the county. To channel some of it back to the towns on a revenue sharing basis. It is the view of several of the sponsors that the towns are in need os some financial assistance there ' s already been a call for some revenue sharing as a sales tax revenue which J generally support. I think that we ought to consider the OTB revenue sharing idea as well because we are getting increasing amounts of revenue every year from that just-as we have with the sales tax revenue. How it 's going to be distributed, what method of dis- tribution is .used, what amounts will be 'distributed to the -towns, how it will 'be decided, all these factors are still in the air and remain unsolved. I would suggest that careful review. be given to the document that I distributed to you which comes from the budget review office. It goes through a series of suggestions on• OTB revenue sharing, so that instead of all the money going from OTB to county treasury, some of the money will go from OTB directly to the town boards and the town treasuri.es._ The interesting point is we only . have, as I understand, two OTB .parlors out here on the east end. So I don ' t think that we should rely upon that as ' a source to calculate how much of the revenue should come out here but I would say that the matter merits very careful review and again I 'm looking to the Town Boards for their suggestions before the decisions are -made on that as far . as the first district is concerned. That concludes the points I wanted to make and I ' ll be .glad to answer any questions you might have. C COUNCILMAN NICKLES :' You mentioned something at the end of your presentation that came to, T thank, my mind and other Board members. Inasmuch as Southold Town .doe.s not have an OTB parlor within out Town, how much revenue could we antocipate .back, -when in 'a sense we ' re not directly participating, although. I 'm sure residents ;of our Town travel to Riverhead and try their luck. LEGISLATOR BLASS-. T understand that Southold Town does more than its share of keeping OTB .going :and T -th ink, that the f a,ct that you don{ t have the parlor i'n the Town i.s not...a- fair basis T don 't: think that that has ev'eri be.eri considered .but. T.' 1.1 kee}J an eye out for that type of thinking and T wouldn ' t be surprised if it emerges 474,_ DECEMBER 16 , 1980 at the last minute, but I will say this, that there is--regardless of where the parlors are located, the money going to the OTB--from the OTB revenue to the county treasury is substantial and .there is a resolution pending to distribute it somehow to all the towns and not only the towns that have parlors in them. I believe that there are several--a couple of the western towns have the same problem, that they don' t have parlors within the townships. I 'm not sure which ones but I don' t think that will be a basis . COUNCILMAN DRUM: I might say that your idea, Greg, was most commendable that we do equally amongst all the towns. However, you and i being realistic probably realize that would not be so. But at least your comments are most appreciative. I appreciate your comments. LEGISLATOR BLASS : Thank you, Hank, . I think that the per capita approach is the most popular one among the legislators. It ' s the most--it means we will receive the least amount of money because we have the least population but when you try to sell an idea, you have to sell it countywide and that ' s where we have the problem, where are just one of eighteen votes on the legislature. COUNCILMAN DRUM: I think probably per capita has the best chance of success . I do feel , I notice in the alternatives , the three alternatives on the amounts to 'be ' distributed, I would like to see it just not be that amount that exceeds the annual expectation. I believe you provided us with some figures that said, well if we exceed the million or whatever it might 'be, annually, that additional amount would be distributed, to me it would seem that it would be more feasible if we in the ' towns could plan on say, whether it be one million of the--oh, I guess this past year it would be about eight million dollars , I believe your figures furnished. But if we could have a figure that we know it would be, say a set amount of one million or whatever, it would make it easier for us to plan without budgetary processes , make it a lot easier. LEGISLATOR BLASS : That is something I will relay to them They never are really sure of what happened with OTB revenue. I have one report that as economic times are bad for one particular area the OTB revenue actually goes up and .visa versa. So to actually project set amounts may be more difficult than is possible. Their problem with sales tax revenue sharing, which is the alternative form of revenue sharing that the county has discussed is that a certain portion of the sales tax has been pledged to bonded indebtedness for the Southwest Sewer District and because of that complication there has been some maneuvering going on with the bonding lawyers and others to suggest that further investigation has to be had before they go ahead with sales tax revenue sharing. I 'm not saying, that I adopt that argument but that accounts for the delay. That that source has a better chance of passage. COUNCILMAN DRUM: Dredging. Concerning the dredging as we have discussed it in the past and as you . know discussed it with the county , John Guildi , who is in charge of the dredging, and discussed looking at the jetties, as 'you mentioned, as a possibility. Of course its got to be - investigated very closely. As you know, at present we have the Goldsmith Inlet study and we do have a law suit , I believe. So, whereas I perhaps support the jetty concept as a means of keeping our inlets open because some of our inlets have to be dredged--we ' re only talking about the entrance now to the inlets, require annual dredging and it becomes an expensive proposition, but it ' s an annual proposition and it is the general concensus the jetties will do it. But I am recommending that we find--get the results from Goldsmith Inlet study which we' re_ spending a hundred or so thousand dollars I believe. LEGISLATOR BLASS : That ' s the Greenman-Pedersen report. I under- stand that will be released--I spoke on the phon- today with certain people in the county government and they tell me the Greenman-Pedersen report will be released in final from within two weeks. They gave me that assurance. They tell me that the report will possibly contain two aspects : 1.. whether or not the jetty by Goldsmiths Inlet is indeed the cause of the problem of erosion. The second aspect of the report will determine what alternatives there might be to the problem being solved. However, I understand from the county attorney ' s office only the .'f'irst aspect' of the report will be DECEMBER 16, 1980 - 475 released, The second a,9pect.'bf. A-he' report will be used for the preparation oil Of the 'lawpu_.�t that you mentioned, . ' But there should be 'a final report on th,6�ron whether thd' 'jetty, is, the problem. COUNCILMAN DRUM- Maybe that will give us some answers, LEGISLATOR BLAU , Hopefully it will. 1 just want to mention two quick things , SUPERVISOR PELL; I have a. public hearing scheduled at 3:,30, LEGISLATOR BLASS. I gee, 1111 be. her'e.' SUPERVISOR PELL: And the other. guest we have if from our county execs office who is. going to be with us throughout the day and her name of Joyce Roscoe, She is appointed' , -liason- offic er for the east end affairs ropIre,9'enting the county exec. You want to say a few words? JOYCE R'OSCOE: Briefly would like to gay hell.o to everyone and say that I look forward- to w.orking ,wi-th the county executive and - my function will be to direct Problems -from' the 'towns .and villages to Mr. Cohalan., So anything that you have that you may want to be directed to him,, please contact me. I am located in Riverhead at the County Cente'r five days a. week, Thigq 'is a-- new office that we should use very seriously because 'it is a great opportunity for us out on the east end to get more input into county government. Thank you very much.. SUPERVISOR PELL: Thank you, Joyce. Id like to go to the public hearing scheduled- for 3 : 30 today, We -have to. haye a motion to recess as long - as - it takes to conduct two public hearings. On motion Of Councilman Murdock, seconded by Councilman Nickles, it was .RESOLVED that a recess .be called at 3 .30 P,M for the necessary time that is required to conduct the following publi c hearings : 3 : 30 P,M. - on the application of .Ca rol Qalgano for a wetland permit, 3 : 35 P,Me - on the application of Norman C. Boos for a wetland permit, Vote of the Town Board: Ayes -' Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervi.sor, Pell, This resolution was declared duly adopted. Meeting reconvened at- 4,00 P,M1 COUNTY LEGISLATOR BLASS : I want to wind- up what I was talking .about by saying that the signs for the cha-nge of County Road 1 27 to County Road 28 'should be in place--48, . It"will not be 28, and that was the problem.. Those will be cleared as- ,so-on as the state offices in Hauppauge., we are fortunately not ,bothering with the officers in Albany, in Hauppauge, will approve it. . 1 understand that approval is routine and I expect the* actual .silgn change,' CR 48, will be in the very near future. The other point that I wanted to make was. the the Qreenport dock repair, the Long Island Railroad Dock is moving forward very well--(-Supervisor Pell called for order in the *room.,.)--The Greenport dock repair project that the county is undertaking to= enhance the commerical fishing industry, and thatis the economy of the north fork, is moving forward very well.. We- expect -an appropriation resolution probably in the very ,early -sp-ring by Which time the lease of the pier will' be. completed. And the last point I want to make concerns safe drinking water. A resolution was, adopted. by thb .legislature Q* 1M reVe1j­ue sharing .from the county with.. the towns f.,o -a-t nki!ng 'water., wa's thdco- , �r _9. . e drt sponsor of thi.s, resolution, It provides'r, again we.. were 'talking about per capita distribution of revenue 'sha*ring,. beXoren'­this is the same thing. All we get in the Town of Southold lt %50,000,_,00 but thatks, better than nothing and that money can' be 'used for the -delivery I of safe drinking water and any means by which the Town can devise to do that . I asked for an opinion from the county attorney whether incorporated Village$ within Town can make use of this and the answer. yep, they can. . The application must be 'Made, of course, u - to the county executivel,:s Any program. to ,deliver safe drinking water that can be devised by -the towri i.s- eligible., However, the only limitation is this revenue sharing cannot be used to add 47*6. DECEMBER 16 , 1980 administrative positions. It should be used within the existing personnel and departments of the township and it can be used for whatever program can be devised by the Town. COUNCILMAN MURDOCK: How long a time contraint do we have to. formulate a program? Is this a one year program or do we have two years or three years? LEGISLATOR BLASS : You apply and your program is accepted, you have any mount of time from now on to apply. But one you apply you must use the money within a two year period or the money is taken back. SUPERVISOR PELL: It ' s a one year grant. One year can apply this year and next year too? LEGISLATOR BLASS : It could. It will go into 1981 and beyond. The money is already set aside for that . SUPERVISOR PELL: $60 ,000. is our maximum we can apply for. LEGISLATOR BLASS : $4 , 000,000. total program with the county, $60,000 maximum to the Town of Southold. COUNCILMAN MURDOCK: My problem is that we may have a problem that will develop with us in the town level two years from now. The public health department is testing some areas in the town and we have--it may be two years down the road before we have an answer and I would like to apply for that money at that time. But if we can' t wait the two years to apply for the money then we' ll have to look for other uses. Would we have two years to apply? LEGISLATOR BLASS : If you were to submit the application now and receive--and the application were granted, you would have two years. But you don' t have a program now-- COUNCILMAN MURDOCK: We don' t have a need, a defined need today. The county public health department hasn' t told' us where the problem will be. They are testing three areas in Town and one of which I feel will be definitely the Town' s responsibility. But it might take two years for them to define our problem and the scope of our problem and therefore we can' t make an application because we don' t have a specific problem defined for us . LEGISLATOR BLASS : I understand that the allocation of $4, 000. 000 with the $60 ,000 of which for the -Town of Southold will be available beyond this year and beyond next year. You do have time to put something together. I also understand that this is the first of what may be a chain of resolutions for the safe drinking water revenue sharing. I think that ' s a good possibility. A $60 ,000 maximum and the time frame that we discussed is strictly a beginning and we probably have a good chance to, see the county finally giving some attnetion to this problem, which I think is probably the main-- That concludes my discussion and thank,'.you very much. Again, please call on me if there is anything I can do. SUPERVISOR PELL: Tomorrow night--I just want to clarify-- is an information meeting. It is not the final hearing so if we do not have a stand to make tomorrow night we can make it at the final hearing. I had hoped that you .would get here at 2 : 30 and we could bat this around and see if the Board was ready to take a stand. LEGISLATOR BLASS : I wasn' t prepared to ask you. I don' t think that you can take one now but I will point out only two of the east end towns have taken a position and the others have not: When I have the word on the final hearing that should be in January I ' ll relay that date to you. I have to leave now, and thank you for your time. SUPERVISOR PELL: Thank you, Gregory. Back to the agenda. Approval of the minutes of the December 2nd meeting. On motion of Councilman Drum, .seconded by Councilman Murdock, it was RESOLVED that the minutes of the December 2, 1980 Southold Town Board meeting be and are hereby approved as submitted. Vote of the Town Board: Councilman Sullivan, Councilman DECEMBER 16 , 1980 477 Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Recommended date for the next Town Board meeting, December 30th at 3 :00 P.M. On motion of Supervisor Pell, seconded by -Councilman Drum, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3 : 00 P.M. ;- Tuesday, December 30, 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, Supervisor Pell. ' This resolution was declared duly adopted. i SUPERVISOR PELL: Approval of the audit of bills the Board did this morning. On motion of Councilman Murdock, seconded by. Councilman Drum, it was RESOLVED that the following audited bills be and hereby are ordered paid: Whole Town General Fund bills in the amount of $14, 615. 48; Part Town General Fund bills in the amount of $2089. 72; Highway Department bills in the amount of $15, 378. 29; Federal Revenue Sharing bills in the amount of $3, 943. 21 Division of Youth SDDP Program bills in the amount of $2, 549. 37; Delinquency Diversion and Prevention Project bills in the amount of $36. 85. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. I . REPORTS - SUPERVSIOR PELL: These reports are placed on file in the Town. Clerk' s Office available for anybody to review them. 1. Town Clerk's report (month of November, 1980) . 2. Building Inspect.or. 's monthly report (month of November, 1980. ) 1980)3. North Fork Animal Welfare League report (month of November, 4. Judge Tedeschi ' s monthly report (Month of November, 1980) . 5. _Monthly report from Cablevision on the number of calls and complaints they have (November., 1980) . 6. Reports by the Councilmen. I will ask any Councilmen if they have a report that they' d like to make? COUNCILMAN MURDOCK: Pardon me, Bill. I ' d like to go back to one thing with this Cablevision report . It happens to be for the month of November and as we all know, the Cablevision system was down on the 6th day of November and the Cablevision report that on the 6th day of November-- I 'm sorry, that might not be the 6th day', but no date under any category do they list more than 22 calls, I 'm sorry, one is 31. So there were .31• calls and I think we on the Town Board level , both collectively and individually had well over 31 calls. I find it hard to believe that they only 'had---and I don't have their code book here to see what code A--9 is. I find it hard to believe that with that circumstance on Election Day where everybody was so vitally involved with television and so deeply upset .that they only got . a maximum of 31 calls and if they only got. .a maximum of 31"calls then I would strongly think that they must have taken the phone off the hook and left it off and I would like our office to ask them for a deeper explanation of how many calls they got on that day .and if it was such a few people, why was it so few in light` of our experience. SUPERVISOR PELL: I got 31 calls in here, Larry. COUNCILMAN MURDOCK: I think so. We all got them at home. We all got them on the street , we all got them here in the Town Hall. SUPERVISOR PELL: . I will so send a letter. Councilmen' s report . Does any Councilman have ,a report he wishes to make? COUNCILMAN DRUM: I coveredm, earlier in the day, rather than take a great deal of time now the Off Track Betting has been adequately covered and I believe also the Suffolk County Airport report to the Board could be considered further at the next meeting. 4. -517. DECEMBER 16 , 1980 SUPERVISOR PELL: Thank, you. Anybody else?. .. Deputy Supervisor Marie, you want anything to report? (nothing.) . I have a little bit .of good news I will hit on, lightly as I did with the Board today. In the last month I had three consumer affairs complaints regarding Southold Town residents being, I would say, "taken" by out of town contractors. I did contact the county exec's office and with hishelp. two of the three complaints have_ been semi-remedied. The nicest one was yesterday about 3 :00 o '-clock, half past three I got a telephone call from a, I am .going to say, approximately 70, 75 year old widow who called up crying on the phone. She was in the office two . or three weeks ago crying .that • she was "taken" by somebody who was going to come and do her driveway--fix her 'driveway all up and they come and started. work . the first day and then the boss come and says I can' t be here tomorrow to finish the job but my men will be back to finish it . If you could possibly pay me today so I won' t be be here tomorrow and my men .will finish the job .and he was a very, nice. 'gentleman,' and sh.6 agreed to do it and she paid him in cash, Some of the scheMes they use, in Town, if .•you pay in cash. you won't. have 'to. pay. the sales tax, won 't charge you slaes tax.., TV''s a two'. way sword, She did .pay in cash and the . gnetleman never came back to finish the` drivewyal Through the help of our county exec'w office, yesterday the gentleman came back and refunded $600 of the $800 she paad .him,. So there is a Santa Claus. . And she called up yesterday to thank the office` of the down and our county exec fox- the help that we did received and -T did :send a letter to Mr. Rosenblum with a copy to the .county exec praising. him of his fast work on this for us.,, So there is a Santa Claus, she says, in town, fT , PUBLIC NOTICES T COUNCILMAN NTCKLES : 1 . We have Public Notice No, 10496 from the Department of the Army, New York District , Corps of Engineers . An application, by. Michael Colavito residing at 198 Derby Street, East Williston, New York to perform dredging at Corey Creek, Little Peconic Bay. Des- cription of the Work The applicant proposes to dredge the mouth of an exist.ing..;canal to a maximum depth of 6 feet below the plane of the mean low water, as shown on the attached drawing. Approximately 110 cubic yards of material will be removed from the site, The dredged Material will be deposited on an upaldn (,non--wetland) disposal site where it will be suitable retained to prevent its re-entry into the waterway,' The purpose 'of this work is to maintain the required depth for safe navigation, A copy of the work plans and the notice is at the Town Clerk's, The response date on - this if you wish to respond is January 2, 1981, III . COMMUNICATTONS -- SUPER'VTSOR PELL: 1. About the proposed "Bottle Bill'' , Mr., 'Blass' was here and talked on that one, 2. Regards to the OTB revenue sharing .for theltowns.. He also spoke on that one.. 3, A request from our county executive to setup office in Town for help to the, Ttalian earthquake victims. We are using Town Hall and we have people who brought merchandise or clothing in to go to Italy. We will be in touch with your office to find out where to take them from here, but we have people coming in. Yesterday T had a group of 4-H little girls come in; 9-�10 years old, and they had been out in the neighborhood and brought in a box or two of clothes for this program, 4. A letter sent to us , we are referring i.t to the Planning Board where. it belongs , (.request for bond release on Greenbriar Acres subdivision) . 1 , . 5 , The next request is for Cub Scout Pack No., ' 6 to use the Rec building on Peconic Lane 'on March 1st for their : Blue - and Gold Dinner. a request that we will honor, 6, From Pan Tech `Management , They are holding a public meeting tonight in Town Hall at 7 :00 o "clock in the proposed federal revenue sharing money that we will get through the consortium working through the county. Again we will receive next year approximately $225,000. This is a three year program. We will get that much each year. Tonight we are holding a hearing, I;f .people 'come up we would like to say how they would like to see this spent, 'It wtll be conducted by Pan Tech. Management , 7. We have 'the people 'in the' audience audience 'that ,wov'ld like to address this It 4 s. a pet n,itio that wasgiven: to the Town' on Novembdr, Decembex some time with 44 names on requesting that the Town! ask the county DECEMBER 16, 1980 479' to put a jetty in on Cedar Beach. Councilman Drum wi.11 .address. this.. ,, COUNCILMAN DRUM: We discussed this to a limited extent with Mr. Blass here this morning or earlier this afternoon. I had spoken with the county, Mr. Guildi , who is in charge of dredging for Suffolk County and we are in the process of looking at all. of our inlets , particularly along the Bay. They are continually filling, the Bay inlets , entrance ways and we' re going to wait until we have completed the Goldsmith Inlet study and .see what it comes up with. I think that it is essential that we wait for that study which is due to be completed in about two weeks I believe. BOB GAZZA: I live on Cedar Beach. I do have one request, and I'.m sure that all the petitions ask the same .thing. Even if the . Goldsmith inlet study shows that the jetty has caused erosion at Goldsmith Inlet that we at least perform an engineering study on Cedar Beach. The reason I am asking this is because we' ve had. a house on the Sound since 1947 and I know we have a severe erosion problem at that house for 30 years .now. The majority of the erosion is caused in the winter by the winds coming out of the north. The Cedar Beach Inlet is, in the lea of, the Bay and we are getting our erosion from the wings in the summer when the winds come out of the west . We have a west-east erosion problem there.. , Even if they continue dredging it and putting the spoils on the east what is going to happen is all the houses on the beach located on the west side, that beach is going to disappear and the bulkhead will be undermined. I spoke with the County and they said they also feel of course, pending an engineering study, that if they put a jetty down the west side to protect those beaches, that the. county park is on the east side and then you once every four .or five years send built up on the west side behind the jetty they could pump it over to the east side and avoid any erosion problems at the county park. The only other thing I have to say .is I would like to leave some pictures with the Town Board that show the severity of the problem. COUNCILMAN DRUM: I would like to assure you that I have looked at the Cedar Beach Inlet perhaps at least once every month since last January and am well aware. Now, Cedar Beach is not the only inlet that closes. There are other inlets that absolutely close every year unless we move some of the sand and I realize the latoral drift is from the west to the east primarily in the Bay. That ' s generally the way it does, and some of it should be put back to the west from whence it ' came. But here again we' ll get into it more detail with the county. SUPERVISOR PELL: If you would like to leave the pictures with the Town Clerk we' ll be glad to have them in the file. FRED ADLER: I 'm the preseident of the Cedar Beach Park Association and I have a letter here which I want in the record in support , generally support of the petition that Mr. Gazza has submitted to you. I don' t want--I ' d like the opportunity now just to take only a few minutes or so to read briefly from the letter because I believe there are certain points concerning this situation as a special situation which have not been brought out and which deserve considera- tion. So with your indulgence--"The Cedar Beach Park Association, Inc . lends its general support to this petition. . Our Association represents .forty-five families with water front homes at Cedar Beach who depend on a navigable and free-flowing inlet for enjoyment of boating, swimming and the flourishing ecology of the area. At present , as has been noted, the inlet is unnavigable and shoaling threatens blockage with destructive consequences to the environment. Now, this next point is what has not been mentioned, this condition is the direct result of a grossly mismanaged County dredging project during 1979. This dredging proceeded in contradiction to ' conditions specified by the Suffolk County Council of Environmental Quality in their letter of approval dated December 7. 1976 and I 've attached a copy and since that time and even before that permit that the permit process had given away, but in their letter .there was a provision #3 which directed, which was directed to county officials concerned with this application at the time. Now this provision #3 said this , that the spoils of this dredging be placed on the east..:. :_.= side of the inlet to prevent reentry to the inlet . Instead the , spoils were actually deposited on the west side with immediate disastrous results as predicted in this provision #4. Even as i 480 DECEMBER 16 , 1980 work was in progress last year, members of our Association warned the county that the spoils were returning as fast as !they were being deposited and during this time our Association received the cooperation of our then Town Supervisor Mr. Homan and CouncilmanjNick1es to seek a remedy while it was occuring. This resulted in our, letter to then Representative Hurley suggesting some sort of minimum bulkhead to prevent the immediate return. Now, as you know, the condition has only worsened since then and nothing has been done. The question of erosion has been brought up here. We have never been aware or suffered a question .of erosion. Nobody' s land is significantly lost--of course, we have beach front owners who would like to reconstitute large beaches but it has not been regarded as erosion problem. What we have here, really, is a mismanaged ,mouth maintenance and it is not a vast project to take the spoils and put it where it should have been. Now mention has been made of the fact that this type of maintenance is a yearly thing. The best of memory of the old timers in our area, there was never a decade in which this kind of mouth maintenance occurred more than twice during 'a ten year pe.r:iod, and While i;t wa'sn',t. totally satisfactory, it was certainly P: hell of a lot -better than our present situation because it was mismanaged last dredging, ' So we' seek your cooperation and ask you to bear in mind the facts concerning the mismanaged deposit of the spoils during the last dredging, SUPERVISOR PELL: Yes,, we 'are well aware 'of the spoif area being put on the Wrong side, Council, an Drum is working on it . He is familiar with it and he 'is' going to pursue it with County Legislator Blass. M . r. Gu ld , i.s already slated to come 'out here and review all of our creeks.. COUNCILMAN DRUM- That 's. right, And you know, we did put the spoil to the east., Of course .i'n `'79, which again was before my watch, but that 's neither here 'no there, there was the concern of the terns which actually soptted from putting it—part of it---but I mean this Was part of it, But we will look into it, MR. ADLER: That .again Was another evidence of gross mismanagement . The letter of the Enwiron:meiital Council which I referred to had another proyis,;,on,provis on #2 and it wi.1I be part of the record. it said --hat .it should occur, that the 'dredgi.ng should occur during the winter months "not to d ,s'turb 'tbd terns . Tnstead ithis project took place d•uring, th.e summer months when the terns were nesting and so they had an excuse to put it where it should have gone. So I say that is totally -m?smanag.ed But the 'important thing There is not to confuse our situation and there 'is a tendency to do with what is happening on the north 'shore 'in connection with Gold 'mith Inlet because it is not that kind of a situation and erosion is not the question and we 'do think 'We have 'a particular situat lon which requires a Par,0icul,ar solution and wis- ask that it not be lumped together for additional confusion, SUPERVISOR PELL; Mr. Adler, if you would give the Town Clerk the letter you have there it will be made part of the record.. MR. JOHN GORMELx; T have yhe 'minutes from 19--- two years ago, 177 Your minutes:,; your hearing., your plans here where all this .fi.11. Was to be deposited and work was to be completed and it never was done for two years and Ttd like to make this part of the record. You voted on it .. Welre still waiting for it . COUNCIL Al T'• d like to point out that during 1979 I don' t think it was the tern problem that cuased the dredging to go askew there, I think part of the problem was contributed by one of the private Property owners. This is why then Supervisor Homan and myself who were on the Waterways Committee at the time visited the site and because of, I forget the gentleman 's name,' he lives right on the west side of the inlet, and when the county contractor was there . working the gentleman who owned the property., as I; understand it, stopped him from finishing the job. It then took a lot of foot work on the Town Board' s behalf to get the county to get a contractor back down to at least finish that project . As far as what you folks are saying about the spoil going on the east side or west side, I can go back to 1976 when the initial plans were drawn for that creek and the spoil was to be somewhat evenly distributed on both shores. But earlier this fall I don 't see any mention i.n the letter, from the petitions, a gentleman from you Association called me and DECEMBER 16, 1980 481 asked what assistance the Town Board could provide in this matter and they asked in a sense that if it cost $100 the property owners there were willing to pay $50 or at least 50% of the cost of putting in this jetty, as it is to go in on, as " I understand it, what you are requesting is on private property. I gather from reading this letter that that is not the case any more and you have no intention of paying any share of the burden of putting this jetty in. MR. ADLER: Nothing. SUPERVISOR PELL: As I would like to move on, this is under communication at this time. The Town Board has received it. We have discussed it with Mr. Guildi , we are looking into it and we will be moving on it and keep you informed. I have the three names of the gentlemen who visited me and leave your names and we will be in touch on the progress as it is made. Thank you. 8. A request for s street light to be turned over to the Street Light Committee. 9 . Letter to the Town Board. , It belongs to the Planning Board for review and the Planning Board will review it and reply to it. (Letter from Ernest Wilsberg concerning the inspection fee of "Long Pond Estates" . 10. From what we call H2M informing the Town that on our Warning Sign Project the Town was supposed to come up with $8, 600, it only has to come up with $3, 900. Deducting those costs to the Town from the overall project .which we were to come up with .25%, now it ' s down. IV. HEARINGS & DECISIONS SUPERVISOR PELL: Is the Board ready to act on Paradise Point Corp. , the hearing was held on December 2nd? 1. On motion of Councilman Drum, seconded by Councilman Sullivan, WHEREAS, Paradise Point Corp applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 27, 1980, and WHEREAS, said application was referred to the Southold Town Turstees and Southold Town Conservation Advisory Council. for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect . to said application on the 2nd day of. December., 1980 at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Paradise Point Corp. , Southold New York bedgranted permission under the provisions- of .the Wetland Ordinance of the :Town of Southold for the construction of a timber bulkhead and backfill behing the bulkhead at a man-made basin. off Briar Lane, Paradise Point , Bayview, Southold, New York. Vote of the Town Board: Ayes : louncilman Sullivan, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor. Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 2 is a hearing held traffic regulations on Fishers Island. Are we ready to act on that? 2. On motion of Councilman Murdock, seconded by Councilman Drum, WHEREAS, a proposed Local Law No. 6 - 1980 was introduced at a meeting of this Board held on the 18th day of November, 1980, and WHEREAS, a public hearing was held thereon by the Board on the 2nd day of December, . 1980, at which time all interested persons were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED THAT Local Law No. 6 - 1980 be enacted as follows : LOCAL LAW NO. . 6 - 1980 A Local Law to amend Chapter 92 of the Code of the Town of Southold in relation to traffic regulations. BE IT ENACTED by the Town Board. of the Town of wouthold as follows : Chapter 92 of the Code of the .Town of Southold is hereby amended as follows : 1. By amending Section 92-41 (Parking Prohibited at all times) 82 DECEMBER 16 , 1980 by adding thereto the following: Name of Street Side Location Crescent Avenue South At Fishers Island from the southeasterly corner of the intersection of Crescent Avenue with Fox Avenue easterly for a distance of 250 feet . 2. This Local Law shall take effect immediately. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 3, East-West Fire District in Greenport. 3 . Moved by Councilman Sullivan, seconded by Councilman Nickles, WHEREAS, the Town of Mouthold desires to enter into an agreement with the Village of Greenport for fire protection and emergency service to be furnished by said Village to the Fire Protection District established in said Town and known as "East-West Greenport Fire Protection District , Town of Southold, New York" , and WHEREAS, a public hearing was held by the Town Board of the Town of Southold on said proposed agreement on the 2nd day of December, 1980 at which time all interested persons were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED that Supervisor Williram R. Pell , III be and he hereby is authorized and directed to execute an agreement between the Town Board of the Town of Southold and the Villageof Greenport whereby the Town does engage the Village to furnish fire protection and emergency service in case of accidents, calamities or other emergencies to said District and the Village agrees to furnish such protection in manner following, .to wit : 1 . The Fire Department of the Vilalge shall at all times during the period of this agreement be subject to call for attendance upon any fire occurring in such district, and all calls to furnish emergency service and when notified by alarm or telephone from any person within the District of a fire within the District , such. Department shall respond and attend upon the fire without delay with a minimum of three pieces of apparatus and suitable men, ladders, pumping and hose apparatus of the Village and upon a silent alarm ro some other alarm rather than a general alarm, with such men and apparatus as shall be deemed suitable by the Chief of the Fire Department of the Village or his subordinates in authority. It :-is understood and agreed by the parties hereto that the furnishing of the apparatus of the Village Fire Department and the response by the firemen shall be subject to the order of the Chief of the Fire Department of the Village of his subordinates in authority, who, in their discretion in the event of any emergency, as for example , another fire at the same time, in the said District or in the Village, may designate such men and apparatus to any particular fire as they may deem necessary. Furthermore, the said Chief, or his subordinates in authority, shall have absolute discretion as to the sending in of additional alarms and callin in responses to a fire the department of other districts. 2 . In consideration of furnishing aid and the use of its apparatus as aforesaid, the Village shall receive the following sums for the years so indicated: 1981 $36 , 000.00 1982 42, 000. 00 1983 48,000. 00 1984 54,000. 00 1985 60 ,000. 00 Such sums shall be payable by the Town each year during the term of this contract , and shall be payable on or before the 1st day of February of each year. 3. All moneys to be paid under this agreement shall be a charge upon the said District , to be assessed and levied upon the taxable property in said District and collected with the Town taxes : to be listed separately on tax bills and not combined with charges for Hydrant Rental. , 4. Members of the Fire Department of the Village, while engaged in the performance of their duties in answering, attending, upon or returning from any call provided for by this contract shall have the same rights, privileges and immunities as if perform- ing the same duty in said Village. 5. This agreement shall continue for a period of five (5) years commencing January 1, 1981 and ending December 31, 1985. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. DECEMBER 16 , 1980 483 SUPERVISOR PELL: Number 4 is a- decision the .Town Board .is not ready to act upon. We will wait on that one. (Proposed Local Law to provide for the regulation" and use of Recreational Areas in the Town of Southold. ) Two hearings were held, number 5 and 6. (Number 5 public hearing on wetland application. of Carol Galgano. Number 5 public hearing on wetland application of Norman C. Boos. ) Number 7 is the hearing that will be held tonight on HUD funds at 7: 00 o' clock in Town Hall . I have to apologize is you have the agenda there it says December 12th. Tt is actually Decembe.r. 16th, today in . all three cases. Number 8. is an area. that the Town Board would wish to consider to be available to the conception of a cluster zone subdivision. Are we ready to act upon this gentlemen? 8. On motion of Councilman Drum, seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of Southold has inspected the property of Cove Beach Associates located on t_h.e Main Road, East Marion, New York, containing 69 acres more or less, and approves said property as being developed in the cluster concept. Complete legal description as follows : ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate , lying and being at East Marion, in` the Town of Southold, County of Suffolk and State of New -York, bounded and described as follows : BEGINNING at a monument on the northerly line of the Main Road at the . southwesterly corner of land of Bo- ken from said point of beginning: running along said northerly line of the Main Road, North 84*05130" West 86.62 feet to land of Russel; thence along land of Russel four courses : (1) North. 10*31100" West 211. 37 feet ; (2) South 73*23 ' West 27-. 55 feet ; (3) North 12*24'00" West 402 .42 feet ; (4) South 85*23120" West 52:24 feet to land of Latham; thence along land of Lathan, nine courses : (1) North 12* 02110" West 106. 94 feet ; (2) North 14*31150" West 92,49 feet ; (3) North 13*10120" West 84. 75 feet ; (4) North 1.3*22 ' 10" West -340..95 feet ; (5) North 12*3413011 West 89.21 feet ; (6) North 14*21140" West -125. 51 feet ; (7) North 13*26110" West 243. 77 feet; (8) North. 18*39150" West 365. 92 feet ; (9) South 76*30110" . West 132. 47 feet ; thence along said land of Latham and land of Terry North 11*20 '.5071 West 290. 10 feet; thence along said land of Terry, seven courses : (1) North. l.1*47' 30 West 113 ,47 feet ; (2) North . 10*41120" West 110. 05 feet ; (.3) North 12*48' 30" West 101. 00 feet ; (4) North 10*13140" West 88.,65 .feet ; (.5) North 13*30 ' 10" West 100. 90 feet ; (6) North 15*57 ' West 101. 34 feet ; (7) North 20*35140" West 68. 56 feet ; thence along..oth.erland .of Otto Uhl. Jr. et al two courses : (1) North 74*13130" East 97..62 feet; (2) North 11*30 ' 10" West 833. 61 feet ; North 32*12' 10" West 67. 42 feet ; thence North 15*3912011 East 475. 06 feet to the average high water mark of Long Island Sound; thence along said highwater. mark as measured by the following tie lines : South 54*27'56" East 188. 98 feet; South 16*15148" East 76. 77.;feet; South 25*13116" East :338. 62 feet ; South 23*12110" East 137. 56 feet ; South 28*01108" East- 59., 38. feet; South . 40*06 ' 55" East 123. 67 feet ; South 50*43144" East 96.95 feet; South 54*20 '.48" East 1.06. 19 feet ; South 57*45159'1 East 160. 50 feet ; South 67*37115" East 95.40 feet ; South 62*37' 3311. East 16.0. 90 feet ; South 58*00151" East 344. 33 feet; South 60*03124" East 257. 56 feet -. South 59*34120" East 146. 13 .feet ; South 62*47153" East 83..59 feet ; South 66*18101" East 311. 73 ' feet; South 70*26106" East 201. 05 feet t'o land now or formerly of Robert. W. J. and Davis Gillispi.e; thence along said land .of Gillispie South 19*15' 50'T West 183.. 10 feet to Dam Pond; thence along said Dam Pond as measured by the following tie lines; North 77*48151" West 73.94 feet; North 62*46136" West 48. 78 feet ; North 75*08129" West 58. 54 feet ; North. 76*42 ' 22" West: 37. 38 feet ; North 50*55131" West 46. 02 feet ; North 72*511`33" West_ 63. 84 feet ; North 53*13132" West 28/08 feet; South 21*06136" East 180. 87 feet ; South 5*50 '46" East 110. 06 feet ; South 77*58 '19" East 85. 79 feet ; South 25*31157" East 81. 33 feet ; South it*24'49" .East 73. 11 feet ; . . South 64*02104" West .49. 25 feet ; South 19*48 '17" East 58 ,55. feet; South 40*55159" West 53.12 -feet; North .84*14123" West 46. 53 feet; North 65*06120" West 146. 19 feet; South 75*56122" West 64. 68 .feet ; South 17*47128" West 73. 36 feet ; South 10*27 ' 39" East 58. 90 feet;. South 42*57137" East 32. 68 feet ; South 80*19 '49" East 82. 98 feet; South 63*03140" East 68. 05 feet ; North 68*30 ' 22" East 61.'71 feet; . North 27*39150" East 92. 74 feet; North 66*22131" East .24. 33 feet ;. South 05*12110" West 31. 57 feet; South 23*57143" 'West 49 . 53 feet ; South 7*03147" East 106. 82 feet ; South 68*54118'' West 48. 86 feet ; South 89*53112" West .61. 30 feet ; North 87*43 ' 54" West 79. 63 feet ; South 2.9*39145" West 20. 47 feet to land now or formerly of Joseph Frederich Gazza.; thence along said land of Gazza the .,following two 481 DECEMBER 16 , 1980 coursesand distances : (1) North 74*17130" West 103. 77 feet ; (2) 13*26130" West 9 .00 feet ;, thence along land of Gazza and then land of Hoseph Boken the following three courses and distances : (1) North 76*14' 20" West 450. 01 feet ; (2) North 77*25110" West 520:88 feet ; (3) South 12*38150" East 608. 15 feet to land now or formerly of Joseph Boken; thence along said land of Joseph Boken the following courses and distances : South 19*20150".East 144. 10 feet ; North 68* 21 ' West 312. 90 feet ; South 14*19120" East 71. 14 feet ; South 14*58 ' 30" East 111. 96 feet ; South 12*24120" East 598. 78 feet ; South 13* 54' 20" East 387. 32 feet ; North 75*53' East 23. 10 feet ; South 12*39 ' East 242. 90 feet to the point or place of beginning. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles,. Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. V. RESOLUTIONS 1 . On motion of Councilman Dru, seconded by Councilman Sullivan, it was RESOLVED that the application of Maddie Miles, dated November 7, 1980 for the renewal of her trailer permit on private road off north side of Main Road, Mattituck; New York, be and hereby is granted for a six (6) month period. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 2. Moved by Councilman Murdock, . seconded by Councilman Drum, WHEREAS, the Southold Town- Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the proposed B-1 zoning of two parcels on the Main Road (Route 25) , Mattituck, New York by the Town Board of the Town of Southold, and more particularly bounded. and described as follows : PARCEL I - Beginning at a point on the easterly line of Sigsbee Road at the northwesterly corner_ fo alnd of Morchel, and running thence along the extension northerly of said easterly line of Sigsbee Road, N. 20*39 ' 10" W.-43. 27 feet to the southerly line of existing Main Road; thence along said southerly line of Main Road, three courses : (1) N. 53*28100" E.-78. 25 feet ; thence (2) N. 70*18' 10"- E.-155. 34 feet; thence (3) N. 53*28100"E. -56. 55 feet to the extension northerly of the westerly line of Marlene Lane; thence along siad extension, 5. 20*39110" E.-82.40 feet to alnd of Mattituck Bowling Lanes ; thence along said land and along land of Mattituck Building Corp. and along land of Morchel W. 70*18' 10" W.-285. 02 feet to the point of beginning. Containing 0.422 acre. PARCEL II —Beginning at a point on the easterly line of Marlene.: Land at the northwesterly corner of land of Matt Agency, and running thence along the extension northerly of said easterly line of Marlene Lane, N. 20*39 ' 10" W.-8136 feet to the southerly line of existing Main Road; thence along said southerly line, three courses : (1) N. 53*281100" E--17. 26 feet; thence (2) N. 39*05' 30" E. 223..94 feet ; thence (3) N.49*17' 30" E.-372. 60 feet to land of McCarthy; thence along the several lands of McCarthy, Wilsberg, Schoenhaar, and Matt Agency, 5. 39*05130" W.- 648.44 feet to the point of beginning. Containing 0. 676 acre. NOW, THEREFORE BE IT RESOLVED that a public hearing will be held by the Town Board of the Town of Southold at 3 : 30 P.M. , Tuesday, December 30, 1980 at the Southold Town Hall, Main Road, Southold, New York on the aforementioned petition, at which time any person desiring to be heard on the above proposed petition should appear at the time and place above so specified, and be it further RESOLVED that theTown Clerk be and she hereby is authorized and directed to cause notice of said hearing to .be published in the official newspaper pursuant to the requirements of law. COUNCILMAN MURDOCK: Before I offer that resolution I ' ll also explain to the audience that this pertains to some property that used to be State Road .25 and when the road was straightened it has been deeded over and we are attempting to put that property in the same zoning classification as all the surrounding property. Vote of the Town. Board: Ayes : Councilman Sullivan, Councilman 7Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 3 . On motion of Supervisor Pell , seconded by Councilman Drum, it was RESOLVED that Supervisor William R. Pell , II.I be and he herbey is authorized and directed to enter into an agreement with the DECEMBER 16 , 1980 485 Village of Greenport on behalf of the Town of Southold for a police radio contract , and it is agreed as follows : 1. That the Village of Greenport at its own cost and expense will cause a telephone and necessary equipment to be installed and maintained at the Southold Town police station at Peconic, New York, . whereby all telephone communications directed to the Greenport Village police will be transmitted over said telephone and be received at the Southold Town police headquarters. 2 . That the Town of Southold agrees that .its personnel at the Southold Town police station will answer all telephone communications received on said. telephone equipment on behalf of the Village of Greenport , will make the proper record of such telephone communications and will where rquired either by telephone or radio transmission dispatch the necessary information to the Greenport Village police relative to such telephone transmissions. 3. The Town of Southold will receive and dispatch radio transmissions to and from the Greenport Village police vehicles and that the Town of Southold will keep a proper record of all such radio transmissions. 4. That for the performance of such services by the Town of Southold for the Village ,of Greenport „ the Village of Greenport hereby agrees to pay the Town of Southold the annual sum of $10, 000. 00 to be paid on or about the 15th day -of March of each year during the term of this agreement , to -wit : Calendar years 1981, 1982, 1983, 1984. 5. This agreement shall commence on the 1st day of - _:January, 1981 and shall terminate on the 31st day of December, 1984. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, -Supervisor Pell. This resolution was declared duly adopted. 4. On motion of Councilman Dru, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R.- Pell, III be and he hereby is authorized and directed to enter into an agreement with the Town of Shelter Island on behalf of the Town of Southold for a police radio contract , and it is agreed as follows : 1. That the Town of Shelter Island at its own cost and expense will cause a telephone and necessary equipment to be maintained at the Southold Town Police Station at Peconic, New York, whereby all telephone communications directed to the Shelter Island Town police will be transmitted over said telephone and be received at the Southold Town policeheadquarters . 2. That the Town of Southold hereby- agrees that its personnel at the Southold Town police station will answer all telephone communications received on 'sai'd telephone equipment on behalf of the. Town of Shelter Island and will make the proper record of such telephone communications and will where required. either by telephone or radio trannmission dispatch the necessary information to the Shelter Island Town police relative to such telephone transmissions. 3. That the Town of Southold hereby agrees that it will receive and dispatch radio transmissions to and from the Shelter Island Town police vehicles and that the Town of Southold will keep a proper record of all such radio transmissions. 4. That for the performance of such services by the Town of Southold for the Town of Shelter Island, the. Town of Shelter Island hereby agrees to pay. the Town .of Southold .the annual sum of $11,000. 00 on or about the 15th day of June of each year during - the term of this Agreement , to wit : Calendar years 1981, 1982, 1983, 1984. 5. This Agreement shall take effect on the lst day of January 1981, and shall terminate .on the 31st day of December, 1984. Vote of the Town Board: Ayes : Councilman Sul;livan,: Councilman Murdock, Councilman Nickles , Councilman Drum, -Supervisor Pell. This resolution was declared duly adopted. 5. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that Supervisor Williwm R. Pell , 'III be and he hereby is authorized and directed- to-. execute an -agreement between Agnes Reinhart and the Town of Southold for the lease of a forty foot by forty foot concrete block building, 1000 feet east of Peconic Lane, in Peconic, Town of Southold, Suffolk County., New York, on State Route 25 for the storage of machinery and equipment by :the Southold Town. Highway Department,- at an annual rent of $2,400..00; lease to commence from the lst day of December, 1980 and to end on the 30th day of November 1981. Vote of the TownBoard: Ayes : Councilman Sullivan, Councilman' Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 486 DECEMBER 16 , 1980 SUPERVISOR PELL: Number 6 the Town Board is going to honor its motion as of March to allow the Trustees to regulate the bulkhead at Gull Pond. Number 7 and 8 we' re not ready to move upon yet . We have to transfer funds and I want to review them with the accounting depart- ment before we transfer the funds. 9 . On motion of Councilman Nickles , seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to sign a lease with Compu-Pressure of New York, Inc. for the lease of one (1) Vita-Stat Automatic Blood Pressure Computer for one year commencing February 1, 1981; at the sum of $250. 00 per month, with an option to terminate this contract after six (6) months. This contract will include complete service on Vita-Stat, including parts ; complete insurance on Vita-Stat including "hold harmless" to the Town of Southold; Hypertension Hot Line for blood pressure information; and the following Blood Pressure Program for residents of the Town of Southold:' (a) informa- tion ; (b) screening plan ; (c) monitoring plan; and (d) blood pressure cards . This lease -shall -be paid for from the 1981 Whole Town Contingent- Account , and is subject to approval of the Southold Town Attorney . Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman. Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 10 . On motion of Councilman Murdock, seconded by Councilman Nickles , it was RESOLVED that the Town Board of the Town of Southold award the bid for the Collection, Storage, Removal and Purchase of all Scrap Metal and Paper deposited at the Southold Town 'Landfill site during the period from January 1, . 1981 to December 31, 1981 to North Fork Sanitation Service, the highest bidder, at a bid price of $3, 530. 00 for the Fiscal Year 1981. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock , Councilman Nickles, Councilman Drum, Supervisor Pell. This ersolution was declared duly adopted. 11. Moved by Councilman Drum, seconded by Councilman Murdock, 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 a Bingo License to the Knights of Columbus, Marian Council #3852, Cutchogue, New York. Vote of the down Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. . 12 . On motion of Councilman Sullivan, seconded by Supervisor Pell, it was RESOLVED that the transfer of the following funds within the Whole Town General Fund be and .hereby is approved: From: A1620 . 1 Buildings, Personal Services $1986. 33 To : A1220. 1 Supervisor, Personal Services $1986. 33 From: A8160 . 1 Refuse & Garbage, Personal Services $120. 05 To : A8090. 1 Environemtnal Control, Personal Services $120. 05 Vote .of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 13 . On motion of Councilman Sullivan, seconded by Councilman Nickles, it was RESOLVED that the transfer of the following funds within the Part Town General Fund be and hereby is approved: From: B3130. 1 Bay. Constable, Personal Services $861.43 To : B8020. 1 Planning Board, Personal Services $661. 43 Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted, 14. On motion of Councilman Drum, seconded by Councilman Murdock, it was DECEMBER 16 , 1980 RESOLVED that the following street lights 'be and hereby are authorized for installation as recommended by the Chairman of the Street Lighting Committee Councilman Drum: Hobson Drive, Mattituck - on LILCO pole #333 Wells Road, Mattituck.:- on LILCO pole #5 Ackerly Pond Road, Southold,-on LILCO Pole #24 Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 15,On motion of Councilman Drum, seconded by Councilman Sullivan, it was RESOLVED that the Town .Board of the Town of Southodl request the Suffolk county Department of Public Works to dredge Moose ` Island Channel at West .Harbor, Fishers Island, New York. Vote of the Town Board;" A.yes: Councilman. Sullivan, Councilman Murdock, Councilman Nick`les, `Councilman Drum, Supervisor Pell , This resolution was declared duly adopted. 16 . On motion of Councilman Murd'ock, seconded- by Councilmam Drum, jj was (a)RESOLVED that the Town' Board of the 'Town of ,k9o.uthold accept the. Title V Grant for the Nutrition Program in 'the amount of $7_, 300...00 .for the year 1980; $5, 500. 00 .1n federal, funds, $1, 800. 00 iri..i,n-kind services. , Vote of the. Town Board: Ayes: '3 bunci,lman Sullivan, Councilman Murdock, Councilman Nickles., Councilman.°Drum, Supervisor Pell.. This resolution.=was declared duly adopted, 16 . On mot ion f on oCouncilman Murdock, seconded-by Councilman Drum, it was (b) RESOLVED that the Town Board 'of the Town of -Southold transfer the sum of $1, 000,00 from Whole Town Surplus into the Southold Town Nutrition Program account so that certain Nutrition Program bills can be paid by December 31, 1980; the $1,000...00 to be reimbursed from the Nutrition Program account to the Town of Southold. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Nurdock, Councilman Nickles, Councilman . Drum, Supervisor Pell. This resolution was declared duly adopted.. 17.On motion of Supervisor Pell, seconded by Councilman Drum, it was (a)RESOLVED that the 1980 Southold Town Budget be and hereby is amended to incorporate a new line item to be "Historical 'Property, and trans- fer $1, 000.00 from the 'General Fund Whole Town Unexpended Balance to this new item Historical Property, Vote of the Town Board: Ayes: councilman Sullivan, Councilman Murdock; Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted.. 17.On motion of Supervisor Pell , seconded by Councilman Drum, it was (b)RESOLVED that 'the Town Board of the Town of Southold allocate to Custer Institute, Southold, New York, the sum of $500...00 from the Histrocial Property Account. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, ' Counclman Drum, Supervisor Pell.. This ersolution was declared duly adopted.. 17.On motionof Supervisor Pell, seconded by Councilman Drum, it was (c)RESOLVED that the Town Board of the Town of Southold allocate to the L. T . Chapter of the N.Y. S. Archaeological Association,, ' Southold,_ New .York the sum of $500,00 from the Hi' trocial property Account. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 18,On motion of Councilman Murdock, seconded by - Supervisor Pell, it was RESOLVED that the transfer of the following funds within the General Fund Whole Town Fund be and hereby is approved: From: A1990.4 Contingent $2094. 14 A1320 .4 Independent Auditing, Contractual Expense $1235. 52 A7180. 4 Beach, Contractual Expense $1800.,00 To : A1010. 4 Town Board, contractual Expense $150,58 A1220.4 Supervisor ', Contractual Expense 260.. 98 A1420. 4 Town Attorney, Contractual. Expense 1442. 62 A162.0 .4 Buildings , Contractual Expense 1885 , 52 A.3510.4 Control of Dogs, Contr, Expense 21. 17 A5182,4 Street Lighting; Contr. Expense 1368,79 Vote ,of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum;, Supervisor Pell, This resolution was. declared duly adopted. 88 DECEMBER 16, 1980 19 . On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the transfer .of the following funds within the General Fund Part Town Fund be and hereby. is approved: From: B8020. 4 Planning Board, Contractual Expense $213.27 To : B8010. 4 Board of. Appeals, Contractual Exp. $213. 27 Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles , Councilman Drum., Supervisor Pell. This resolution was declared duly adopted. 20 .. On motion of Councilman Nickles , seconded by Councilman Sullivan, it was RESOLVED that, $1300. 00 be and hereby is transferred from DR9060. 8 Hospitalization and Medical Insurance, Item, General Repairs to DR5110 .4 .Contractual Expense, Item. .I , General Repairs. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resoluiion was declared duly adopted. SUPERVISOR PELL: The last one I have on the agenda is to hire again this year a college , student ,by the name .of Eileen Carey to work in the Building Department from 12/18 to January 21st at the sum of $3 . 50 per hour. 21 . . On motion of Supervisor. Pell, seconded ,by Councilman Drum, i,t was RESOLVED that the Town Board of the Town of Southold hire Eileen Carey, Greenport , New York as a part-time clerical helper in the Building Department from December 18, 1980 through January 21, 1981 at a salary of $3. 50. per hour... Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Councilman Sullivan has something else at this time. COUNCILMAN SULLIVAN: Thanks , Bill . As many of you know or may not know our State Assmeblyman John Behan is being considered for the post with the Veterans Administration. I have a. list ;of four people that I feel would be quite receptive to a letter from people of Southold Town if you so, desire to write to them. I have copies of this list if someone would like to jot off a .little letter recommending John for the post. John, of course, is a personal friend of mine and I think he would be certainly the right person to have in that job. Many of you all know that he is an outstanding person ad has overcome tremendous disability to become quite a leader. So anyone who would want to take the time out to drop a letter to these four people I would be appreciative of that .; Thank you. COUNCILMAN DRUM: I think John is THE candidate in my opion. He is a great person. COUNCILMAN MURODCK: I was going to make a little pitch, and I will, for the Cancer Society. The Southold Chapter of the American Cancer Society is in desperate need of help. I think from now on when we have a controversal issue I ' ll step off the agenda and make the pttch when there are a lot of people in the audience, but , my wife has taken over presidency of that chapter and she would like some people to help out and if there is anybody who might be available and have some time to try to ,help run some functions for the American Cancer Society she' d be very, interested in hearing from you. SUPERVISOR PELL: Thank you. Audience, does anyone wish to address the Board? MR. WILLIAM GARDINER: It ' s more or_I..less in the form of a question, I guess . I was very interested to read the preliminary report of Robins Island. That committee has a very tough job. It ' s done a good job on doing certain things and it has a tough job ahead of them. I just have two questions in my mind becuase I think the preliminary report sets the direction for the final report and I 'm just wondering, because it ' s not mentioned in here, whether oen of the alternatives that ' s studied by the committee, the advisory committee, shouldn' t be the proposed alternative for 27 homes , the financial impact? I was at the meeting on September 23rd when the resolution was adopted setting up this committee and one of the whereas ' says that the Board wants -,a fully informed DECEMBER 16, 1980 489 choice and all the alternatives for the future of Robins Island. I admit it gets a little fuzzy as we get doen into it it talks about preservation and so forth. But of course preservation is a relative sort of thing, even the three alternatives they have in here are relative steps in preservation. I 'm just wondering--I hate to see this committee come up with something--not do the full job and at the end of the time not have a full story. So I 'm just throwing this out as a question to you. Did the Board, in their resolution, consider one of -,the alternatives as the study on the 27 home project as proposed to the Planning Board? That ' s my only question. SUPERVISOR PELL:Mr. Gardiner, I ' d like to answer that . Wo, discussed this at Town Board meeting today very lightly. We had a very heavy agenda. Councilman Nickles raised a question with me a week ago, perhaps . Robins Island Committee does not meet until Januazy 8th again. In that time the Town Board will have two meetings. I do anticipate putting it on the agenda on the 30th when we meet again. We should have a very light agenda so the Board can go in depth and see if they wish to amend or interpret the resolution. Councilman Drum on the day the resolution was drawn up brought this very point out specifically in the wording and he at that day discussed it at great lengths. The resolution. the Board did adopt you have a copy of and now we are going, to readdress it and see if they want to amend it or interpret it differently. We did discuss it today but we didn' t go into it in depth. Anybody else wish to address the Board? If not , gentlemen, I think the time is in order. COUNCILMAN MURDOCK: I think we' re not going to adjourn, we are going to recess and go into executive session. On motion of Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that a recess be called at this time, 5 : 00 P.M. for an. Executive Session. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declareal .duly adopted. ' EXECTUIVE SESSION - 5 : 15 P.M. There was discussion relative to admitting Deputy Supervisor Johnson to attend this executive session. Supervisor Pell polled the Board and the vote was as follows : No : Councilman Sullivan, Councilman Murdock, Councilman Nickles , Councilman Drum. Aye: Supervisor Pell . The Board met with Building Inspector George Fisher concerning the personnel and operation of the Building Department . Two weeks ago Mr. Fisher met with the Town Board concerning this same subject and he agreed to return to his Department and work out a program for the smooth and efficient operation of t46 Department. Mr. Fisher advised the Board he has not had enough help over the years and suggested thtat a committee from the Town Board be appointed to meet with him from tiem to time. He also feels 'wth the help of another good clerk he should have the Department operating smoothly by June 1st. In that period of time he feels he can keep track of the operation of his Department and reorganize it. It was agreed after considerable discussion that Supervsior Pell will name a committee on January 1st to work with the Building Department . On motionof Councilman Murdock, seconded by Councilman Sullivan, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be .called at 6 : 10 P.M. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Judith T. Terry Town Clerk