HomeMy WebLinkAboutTB-12/29/1981 479
SOUTHOLD TOWN BOARD
DECEMBER 29, 1981
WORK SESSION
9:40 A.M. - Mr. and Mrs. Barry Vreeland and Mr . and Mrs. Frank
Wills, residents of property west of Central Drive, *Captain' Kidd
Estates, Mattituck, met with the Board to discuss improving Central
Drive for access to their property. Highway Superintendent Dean
and Councilman Drum made an inspection of the property and deter-
mined the road could be improved for access to the Vreeland and
Wills property. During the winter months these. residents must use
an unsatisfactory, sometimes impassable road to the south for access.
The problem of access occurred when the owner of the property on the
southerly corner of Central Drive and Linda Road, Mr. Katos, planted
a vegetable garden and shurbs in the right-of-way. He was asked by
the adjoining property owners to cease, but has continued to use the
public area for a garden over the past three years. Mr . Katos will
be notified in writing that he has been encroaching on public property
and to discontinue doing so. . After notification, a snow fence will be
erected by the Highway Department to delineate Town b,nd private prop-
erty. --The Vreelands and Wills were satisfied with the solution to
their problem.
9: 50 A.M. - Supervisor Pell discussed a letter from Energy Develop-
-ment Corp. advising they must withdraw their offer. of December 8,
1981, as they passed the deadline for financial backing and would,
in the future, have to put together another financial package.
Supervisor Pell will reply to Energy Development Corp, advising
them that there will be two new members on the Town Board as of
January 1, 1982 and the new Board will take into consideration
various proposals which have been made to the Town over the past
year, and a firm decision made in 1982.
10: 00 A .M. - The Board met with Chairman of the Board of Assessors
Henry E. Moisa to discuss the goals of his department for 1982.
Mr . Moisa advised the Board his primary objective is to implement
the ALRM System. He said that information from other towns in the
ALRM System indicates it 'will correct many problems that have faced
the Town in the past. Pending legislation, increase in the number
of new building permits over the past six months, was also discussed.
Mr. Murdock stated he has spoken to elected officials from two towns
who are dissatisfied with the System.--Supervisor Pell asked Mr .
Moisa whether he has a program of assessment review for each year.
He said he did, however, it would take approximately 10 years to
reassess the entire Town, since there are a little under 16, 000
taxable parcels, and a total of 16, 400 parcels including exempt. --
Mr . Pell questioned the need for three Assessors to be out assessing
together, and why more time can't be spent on the road. Mr . Moisa
stated .that at least two Assessors should be together, since they
are entering private property. The need to remain in the office
at this time of year is very important, since there are many questions
from the public concerning their tax bills; they are instituting the
ALRM System; and there are a large number of apportionments. --Mr.
Pell asked why all three Assessors must attend. the monthly County
Assessor' s meeting. --Mr. Moisa replied that the meetings are very
educational, and as elected officials they set their own time off.-
Councilman Nickles advised the Board that from his observation, the
Assessors spend considerable time on the road, but the bulk of the
work is done in the office after the inspection of property, taking
the necessary pictures and dimensions. Preparation of reports for
the state and county have increased over the years and require much
more time. --Mr. Moisa explained the procedure of on-site assessing.
He. further advised the Board that due to instituting the ALRM System
and his concern for th& program, he has not taken a vacation this
year.
48,0 DECEMBER 29 , 1981
10: 30 A.M. - The Board met with Chief Winters to discuss a proposal
for amending P .B.A. contract to include provisions for'•:the work
schedule of the Detective Squad. The f.ollowing proposal was -approved
by the Town Board for submission to the P.B.A. - "Effective January 1,
1982--Personnel assigned to the detective squad who work under the
present schedule for four (4) days on duty and two (2) days . off will
work one extra day per month for eleven (11) months `or have eight (8)
hours of compensatory time deduced each month for eleven months from
their accumulated time in each ca-lendar . year. Detectives will be
compensated for time "on-call" at the rate of one (1) hour for every
eight (8) hours on call.
EXECUTIVE SESSION
10: 55 A.M. - The Board discussed with Chief Winters his salary for
1982 and proposal for a one year contract for the Chief of Police.
WORK SESSION
11: 05 A.M. - The Board began reviewing the agenda. Board. members
made verbal, and submitted written reports as Chairmen of Town.
Board Committees for 1981. Reports on Parks & Beaches, Councilman
Nickles, Police, Supervisor Pell, Taxation & Finance, Councilman
Murdock, Disposal Area, Councilman Murdock, were reviewed before
running out of time.
11: 25 A.M. - The Board audited the outstanding bills for December.
'SPECIAL MEETING
A Special Meeting of the Southold Town Board was held on
Tuesday, December 29, 1981 at :the Southold Town Hall, Main Road,
Southold, New York. Supervisor Pell opened the meeting at 11: 30 A.M.
Present : Supervisor William R. Pell, III
Councilman Henry W. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr .
Councilman Francis J. Murphy
Town Clerk Judith T.. Terry
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean,
Absent : Justice Francis T. Doyen
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the audit of the following outstanding obligations of
the Town be and hereby are ordered paid: General Fund Whole Town
bills in the amount of $775. 28; General Fund Part Town bills in the
amount of $2, 105. 16; Federal Revenue Sharing bill in .the amount of
$62. 00; and Division of Youth bill in the amount of .$35.88.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
SUPERVISOR.PELL: The purpose of this meeting is to approve the
.final audit of the Town for 1981, we have just done that and
we accept all reports and recommendations ,from.,the various
Committees that perform duties on behalf of the Town of Southold
for 1981. We will start with Parks and Beaches Committee, . Councilman
Nickles--
DECEMBER 29, 1981 481
1. BEACH & PARK COMMITTEE - final`report`= 1981 = 'Councilman Nickles :
Two major problems in 1981 .
1. Vandalism at Town property at Laurel Lake. Committee
recommends that through the assistance of the Public Works Department
that the Town property at Laurel Lake be cleaned up along with
parking area; allow only pedestrian traffic down to Lake area;
allow use of an area adjacent to the Lake for passive or scenic
use, (no swimming) .
2. Erosion at Kenny' s Beach.
a. After consulting with Sea Grant - implemented a
Nature Assisted Beach Enhancement Program. in Spring of 1981 which
resulted in partial restoration of beach so that beach could be
open for public use during the Summer.
b. After a series of sever storms in Fall which resulted
in the complete wash-out of beach and undercutting of parking area -
hired private contractors to install concrete rip rap at foot of
parking lot above the MHW line - purpose to break up waves and lessen
their impact on the remaining beach and bank of parking lot .. The
committee does not consider this the final solution to the erosion
problem, but the best available one considering the constraints that
we must operate under at this time.
C. Committee recommends that a 10 year permit be obtained
for beach nourishment using one of the following methods : dragline
and or bulldozer or sand sucker.
Finished two year program of installing safety swim ropes at
beaches (1980-McCabes, 1981-New Suffolk) .
At recommendation of Bob Muir recommended to Board that surf
boards be used for life saving procedures instead of small rowboats.
Mr. Muir has purchased boards.
Resolved telephone communications problem at beaches with
assistance of Chief Winters. Installed telephones with modular
hook-up as opposed to pay phones or land-line or radio.
Resolved problems with snackbar at Jack' s Shack Beach - sold
concession building to highest bidder and set up reserved parking
area for licensed vendors.
Department of Public Works assisted in the problem of hot-
rodding in parking field at Kenny' s Beach; divided off parking field .
with guard rail - proved effective.
Drafted a Local Law for Beaches, resolving the problem of
motor vehicles driving on private property using Town property as
access to same. Town. Board passed this law after public hearing.
I would recommend that in 1982 a Beach and Park Committee
review- the Beach Parking Fees and make a recommendation to the
Town Board.
2. SUPERVISOR PELL: POLICE COMMITTEE - The Chief of Police was in
and made recommendations to draw a contract up for him for the
year 1982 and it will be prepared for the Board to approve on
January 5, 1982. We did discuss the new Detective Squad and
the stand-by- and we will see what can be worked out with them.
3. TAXATION & FINANCE COMMITTEE - final report - 1981 - Councilman Murdock:
As I outlined in the verbal report (work session) , on the
Taxation there was nothing to be considered. Our tax structure
seems to be stable and the finance part I discussed the finalization
of our insurance contracts for 1982. Insurance bids - a compromise
was reached between Stype Agency and McMann-Price Agency which saved
the Town $4, 000. 00 over the low bid.
4. DISPOSAL AREA- - final report - 1981 - Councilman Murdock:
On the Disposal Area I commented on six items which will be
put in outline form with the Town Clerk. The most important items
of public note will be that I proposed a meeting on Friday, January
15th at 10: 00 A.M. for an all• day meeting of the Town Board so we
can work out our problems with municipal solid waste, and that
meeting will be finalized at our January 5th meeting.
1. This has been a long active year. All proposals from MSW
representatives were made directly to the Town Board rather than
the committee, thus giving the Town Board an opportunity to ask
questions directly.
2. LovisR vs. Energy Development Corp.
3. Open Dump - serious consequences .
4. Septic Sludge - 201 Study & waste water pipe.
5. Recommend that the Town cease the sale of sand at the
Disposal Area.
6. Proposed meeting on MSW with entire Town Board on Friday,
January 15, 1982, 10: 00 A.M.
'482-- DECEMBER 29 , 1981
SUPERVISOR PELL: If. the Board does not object, we can stay ,in
regular Town Board meeting, discuss the rest of' the reports and'
I will instruct the Town Clerk to pick just the highlights out
and put the highlights in the Town Board minutes and not do them
verbatim. (This was agreeable to the Town Board. )
5 . STREET LIGHT COMMITTEE - final report-1981- Councilman Murphy:
A complete survey of town lights was done by the entire -
committee.
The following recommendations were given to Highway Superin-
tendent Raymond Dean for his action:
1. Removal of 225 lights .
2. Change 296 lights from 92 watts to 50 watts high pressure
sodium.
3. Add 134 new 50 watt HPS on new locations as funds- become
available .
4 . Establish policy for future light requirements.
POLICY
1. Remove lights that serve no purpose, as per tally sheet
and survey.
2. Install lights at all dangerous turns.
3. All road intersections for identification and safety purposes .
4. Public places , schools, churches, fire houses, etc.
5. Change fixtures .from 90W to 50W HPS at the above locations
as available.
6. Conserve energy. -(Recommendation of Councilman Nickles)
Accept Superintendent Deans recommendations on standardization.
Before any changes and savings to the Town can come about an
additional person has to be employed by the Department of Public
Works to do the applications.
The Board discussed the standardization of .street lighting
fixtures for the Town of Southold by the purchase of General
Electric' Company street lighting fixtures (Town .Board Resolution
of March 22, 1977) . Highway Superintendent Dean stated .one bidder,
ITT doesn't exactly meet the G. E. bid, but they: can adapt the parts
and will stock the needed material. Councilman; Murdock and Council-
man Drum. and Councilman Nickles stated they felt: the sta:ndard'izat.ion
resolution should be adhered to. Supervisor Pell , asked Councilman
Murphy to have a recommendation for the Board at,Ithe January 5th
-meeting concerning the bids that have been received for street lights.
Supervisor Pell also expressed his desire to stay with the standard-
ization.
6. COMMERCE & INDUSTRY COMMITTEE-final report-1981-Councilman Murphy:
I. The three Chamber s .of. Commerce were contacted in January
and February for their imput. Basic concern was to help improve
local business . Improved ferry service most important.
Mr. Campbell, New York State Department of Transportation
Planning Director was contacted and a special public information
meeting was held in March at the Southold Town Hall. Approximately
50 business people expressed the need for improved service. The
final results of this meeting was the recommendation to the Governor
to commit funds for this project which hopefully will be implemented
in 1982.
II. PROJECT SEED CLAM PROGRAM. The Town Trustees, Highway
Superintendent and Bay Constable inspected East Hampton program
and surveyed Southold Town waters. A public information meeting
was held to explain program to Baymen, business people, school and
4-H personnel and all interested citizens.
It is recommended that the Town Board establish this program
in 1982.
.7• HIGHWAY COMMITTEE-final. report-1981-Councilman Nickles:
The Highway Committee inspected and made recommendations to
the Town Board as required of road. impprovements in: various sub-
divisions that related to release of improvement bonds and dedication
of subdivision roads to the Town.
The Committee also reviewed and made recommendations on various
subdivisions where the bonds- had exceeded three years and the developer
had not started or completed the improvements as required by the Town
Planning Board, the Highway Specifications and Highway Superintendent .
8 . WAGE. & POLICY COMMITTEE-final report-1981-Councilman Drum:
This past year it has been established whereby on the anniversary
day of people who are on six month probationary period receive three
DECEMBER 29, 1981 c'k " 483
step salary increases. Also%% assigned the Supervisor the
responsibility of advising new- personnel of their benefits.
Councilman Drum submitted his Wage & Policy file to the Town
Clerk to be handed to the new 1982 Chairman.
9. C. S. E.A. -final report-1981-Supervisor Pell:
Only minor problems over the year, most of which have been
resolved.
10. BUILDING, ZONING, PLANNING COMMITTEE-final report-1981-'Councilman Drum:
Administration of Building Inspectors---
A review of all aspects of the Building Inspectors' current
responsibilities, administration procedures and applicable regulations
has been completed.
It is recommended that a Building Administrator be employed with
duties and responsibilities asset forth in attached enclosure (on
file with the Town Clerk) . The Building Administrator's responsibilitie
as liaison, in particular , with the Planning Board and Zoning
Board are considered essential to the functioning of the Building
Department.
While the establishment of a Building Department is recommended,
it is not necessary prior to the employment of a Building Administrator..
Councilman Drum-commented that there is a great deal more that
needs to be done in reviewing the Building Zone Ordinance, and enact-
ing amendments thereto.
Councilman Drum submitted his Building, Zoning, Planning file
to the Town Clerk to be handed to the new 1982 Chairman.
Councilman Drum commented that the Building Department has been
handed, over the past several years, several new enforcement regula-
tions which take considerable time to , enforce.
11. INLAND WATERWAYS-final report-1981-Councilman Drum:
This year Suffolk County dredged the Bay Inlets, by contract,
of Cedar Beach, Corey and Mill. The County small dredge completed
'New Suffolk Ramp entrance, Brushes, Wickham and Little. Due to- the
reduction of County funds early in the year, East Creek Inlet was
not dredged. Halls Inlet also was not dredged due to prior schedul-
ing of the County dredge.
Richmond Creek, in urgent need of dredging, was not scheduled
in 1981 due to lack of permits. The necessary permits have been
obtained and the County has completed the necessary survey of
Richmond Creek Inlet. Therefore, I recommend Richmond Inlet be
placed at the top of Southold Town priority list for contract dredg-
ing in 1982. East Creek Inlet should also be placed on the priority
list for contract dredging. Halls Creek Inlet and the annual dredging
of New Suffolk Ramp Inlet should be dredged in the early Spring of
1982 by the County small dredge.
The Suffolk County representative in charge of dredging projects,
John Guldi, P.E. , L. S. has been most cooperative and helpful to
Southold Town. I recommend Mr. Guldi be contacted in the near future
to arrange an inspection of our Town Bay Inlets and establish a
priority list for this coming year.
Councilman Drum feels it is essential for the Chairman .of the
Inland Waterways Committee to work closely with the Trustees and
have them accompany him on the inspection for dredging projects.
Councilman Drum submitted his Inland Waterways files to the
Town Clerk to be handed to the new 1982 Chairman.
12. YOUTH PROJECTION, INC. -final report-1981-Councilman Murdock:
Councilman Murdock feels that Southold Town Youth Projection,
Inc. is undergoing steady growth. There have been a few personality
problems, few resignations from the Board' s directors for various
reasons and he certainly hopes that that has reached a level and.
will proceed upward. The atmosphere of the people involved is good.
They are looking forward to many more programs. They still have a
problem involving insurance . ' Nobody is able to tell them what kind
of insurance coverage is available and who is providing it. In
terms of trying to go on field trips it" turns out that apparently
there is no coverage through either the County or Town covering
the liabilities involved in going on a field trip. They are still
trying to get a copy of the County policy so they can review it.
The moneys that the Town has just appropriated for the Youth
Projection will help a great deal because all of the funding that
they operate under, the funds have to go for labor and there are
no funds left over to do anything in terms of equipment. Council-
man Murdock thinks that if things . continue the way they are, within
six months the Town will start hearing a lot more favorable reports
484 DECEMBER 29 , 1981
out of Youth Projection. The rock hard .growing pains are over and
there will start being real steady progress.
Supervisor Pell commented that he has written two letters to the
President of S.T.Y.P. asking for a copy .of the by-laws which are not
on file" in the Town Hall, as well as a list of the Directors. A copy
has not been received as yet .
13. MATTITUCK INLET ADVISORY COMMITTEE-final report-1981-Councilman Murdock:
Councilman Murdock stated he feels there has been strong progress
in gathering information. It is a difficult task for most committees.. , -
There has been much information gathered and a lot of cooperation from
the County Planning Board. The purpose of the Committee was to sury T
to determine what will impact that waterway. He feels very confiden
that that work was important to the future, not only of Mattituck-
Inlet but Mattituck village itself. Councilman Murdock stated that
one of the important factors that everybody is tending to overlook
about Mattituck Inlet Advisory Committee is that it has allayed the
fears of the citizens of the Town that they do not have any right
of input . The Committee and its work seems to be well accepted by
the citizens of the Town. Although the original intent has not been
accomplished yet, the Committee is working in a way that bodes well
for the future of the Inlet and the future of the area.
Councilman Drum commented that the Inland Waterways Committee
is responsible for the Mattituck Inlet being kept open. It took
quite some time to get the emergency funds from the Department of
Engineers--took about 18 months of hard work--to .get that dredged,
and is something that should be looked at every Spring, keeping in
mind the long lead time.
14. DOG SERVICES-NORTH FORK ANIMAL LEAGUE-final report-1981-Councilman
Nickles:
Mr. Pell and Mr. Nickles met ,with the North- Fork -Animal Welfare
League representatives, Mrs . Tejo and Mrs . Csajko;; 'and negotiated for
the operation of the pound and dog services, which resulted in a
contract for the second year with the League for the period of July 1,
1981 through June 30, 1982 in the -amount of' $30, 500. 00.
The League has submitted monthly reports which are on file with
the Town Clerk.
It has been my observation that the League has performed: .i,ts
services to the Town well; issuing summons for unregistered dogs,
and collecting late registrant fees for the Town. The one problem
that exists is the enforcement of the local leash law and other dog
disturbances, which are difficult to enforce without the help of the
public. This is a problem that we experienced prior to engaging the
services of the North Fork Animal Welfare League and I don' t know how
some of these difficulties can be resolved, but that is one, problem
that has been brought to my attention through many phone calls through-
out the year by constituents in certain areas of our Town.
SUPERVISOR PELL: Any other Committee reports that I omitted?
Now lets go to Resolutions.
RESOLUTIONS
1. On motion of Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that $204.43 be and hereby is 'transferred. from Highway,
Item I, DR9010. 8 NYS Retirement to Highway, Item I DR9060. 8
Hospitalization & Medical.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum,. Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: I would like to do #3 and #4 and then go back to
#2." a ..
3. On motion of Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following transfers within the Whole Town General
Fund:
From: A1420.4 - Town, Attorney, Contractual--------$ 70. 00
A3310. 4 - Traffic ' Control, Contractual------$ 30. 00
Total-----$100. 00
Into: A1410. 4 - Town Clerk, Contractual--------- ---$ 68. 00'
A3120.4 - Police, Contractual---------------$ 28. 00
A7510. 4 - Historian, Contractual-----L-=-----$ 4. 00
Total-----$100. 00
DECEMBER 29 , 1981 d �$ 485
Vote of the Town Board: Ayes: Y Councilman Murphy, Councilman
Murdock, Councilman Nickles, Coun.c•i:lman-, Drum, Supervisor Pell .
This resolution was declared duly adopted.
, 4. On motion of Supervisor Pell, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby author-
izes the following transfers within the Part Town General Fund:
From: B3130. 4 - Bay Constable , Contractual-----$1, 385. 00
B8010. 2 - Zoning, Equipment---------------$ 120. 00
Total-------T1, 5050. 00
Into: B3120.4 - Police, Contractual------------$1, 385. 00
B8010. 4 - Zoning, Contractual-------------$ 120. 00
Total-------$1, 505. 00
Vote of the Town Board_: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
Supervisor Pell explained that he is trying to set some type of
Centralized Purchasing to a degree--having evorying cleared through
his office up to X amount .
SUPERVISOR PELL: In Riverhead, Southampton, East Hampton Townships ,
everything over--in two of the three towns--one town is $50. 00, the--
other two is $100. 00. Everything under that, with certain stipulations,
the department head can go out and purchase. There must be purchase
orders here. If you read your audit report (from N.Y. S. ) , it was
mentioned about how the billing system *is done within out Town. I
talked about Centralized Purchasing with Allan Cohen, the auditor ,
when he was here and he felt we were just on the verge. We could
use it--we were just a borderline case. The more I thought about
this the more I would like to see it somehow set up. -(Supervisor
Pell cited several cases which brought this decision to a head. )
The way it is set up right now, after January 1 every department
head can go out and spend exactly what is in their budget without
authorization from this office. I feel I have to know what is
going on. (Discussion of legal advertisement placed only in the
L. I. Traveler-Watchman by the Receiver of Taxes. After a discussion
between Mr . Mellas and Supervisor Pell, the advertisement was placed
in the Suffolk Times. He will be advertising -in both newspapers a
total of five times, although it is not required by law. The cost
of each add is over $100. 00. )---After January 1st I will be asking
the Town Board to set a policy on how many times legals appear in
the papers. --I feel I have no control over' the funds of the Town and
I 'm asking the Board to appoint the office of Supervisor, I sit here
now, but whoever is here, he is responsible for the funds of the Town,
to give him some hold on the expenditure of these funds. Case in
point: if somebody comes in here and says , "I want to buy a radar. "
It ' s under the quote for bid. I think this Board should have a say
on whether it wants Brand A, Brand B or Brand C. Somebody might
have heard of Brand E which might be a better brand yet . You're
spending $2800. 00. Just because we approve it in the budget, I
think sizable expenditures should be discussed at this Board so
they can ask questions. Somehow I want to get the control back
to the Town Board or into my office - combination. What is why I
am trying to bring this up. (Supervisor. Pell discussed purchases
which could be made in bulk, which could result in considerable
savings to the Town. )
COUNCILMAN MURPHY: ' I think it is the way to go. (Cited purchases
which could be made in bulk. )
SUPERVISOR PELL: We did this with--at one time the Police Depart-
ment was buying paper towels, soap, etc . Then we started to buy
it .up at the Rec Center, and .we were buying -it here. I said, "No,
sir, we buy it all through this Town Hall here. " We buy it and
we stock it downstairs. The fluid we use for the copy machine,
it ' s all charged to buildings, it all comes in here. We buy it
instead of each one buying so many bottles of it, we buy cases and
we get the better price because we buy it here. That stuff I have
got under control to a degree, but I want to continue. I can' t
continue if I don ' t have the backing of the Board because they can
say the budget is approved and that ' s it. If you want to set a
dollar amount , fine, set a figure- of $100. 00, fine. It'm easy to
get along with as long as I don' t feel the Town Board is being
taken.
48.0 DECEMBER 29, 1981
COUNCILMAN MURDOCK: What you're saying is, if we give you ,this
authority, Ray Dean can' t buy parts.
SUPERVISOR PELL: No, that ' s a different thing.
COUNCILMAN MURDOCK: Why is it a different thing. You're either
the chief purchasing agent and everything is done--
SUPERVISOR PELL: Explain, Bob, the law on the Highway Department,..
TOWN ATTORNEY TASKER: You already authorize the Highway Super
intendent to purchase up to $1500. 00..
COUNCILMAN NICKLES: I' don ' t think it ' s enough to say that you are
going to have a $50. 00 limit or a $100. 00 _limit. I think you have
got to set a policy. You have to have a policy that all paper goods,
all stationery, all envelopes, and maybe a million other things too--
typewriter ribbons , copy paper, be purchased in a central way. But
I would say that the Town Board should be the body that oversees it.
COUNCILMAN MURDOCK: Policy on most major items, in terms--let ' s
talk about the radar.--normally is included in a budget proposal.
The Chief of Police isn't going to come along and say he' s going
to buy a $2800. 00 radar for the Bay Constable' s boat and take it
out of his personnel expenses. He' s going to buy a $2800. 00, he' s
going to list that as we do in the budget every year. We go over
those items. The other part of Bill ' s problem is that he wants
control over when that money is taken out for purposes of raising
interest and I don ' t think that should be a department head' s
responsibility. The department head' s responsibility is to draw
a budget, buy what we allow him to buy. It is his: responsibility
to run that department . He is not supposed to sit there and say,
"Well , if I wait until December 31st, the Supervisor is going to
make $1, 000. 00 in interest and I'm going to be a nice guy and -I ' ll
wait until December 31st.," 'Because if he: doesn' t need the unit
until December 31st, it shouldn' t be in the budget that year anyway.
I firmly believe that if any department head is asking for a
requisition of any equipment and this Town Board says, . "Yes, " that
on January lst it ' s in the budget and that' s his operating budget,
if he wants to buy it January lst, that should be his prerogative,
not somebody elses. The Supervisor shouldn ' t have. to sit there and
say, "I can make X amount of dollars in interest . "
COUNCILMAN MURPHY: It could be $10, 000 in say three months, on
buying the engines and the radar. I don ' t know what the figure
is but $10, 000 and through an oversight on the man' s part, he
didn' t realize it .
COUNCILMAN NICKLES: I don 't understand how that occurred, because
we had committed ourselves through the Police Committee to an
automobile, the Regency Radios and a decision was made whether to
put it into 182 ' s budget or take it out . of contingency funds or
surplus in 1981. ' So I don' t know where he went astray.
SUPERVISOR PELL: We left the radar in ' 82 budget, John.
COUNCILMAN NICKLES: Secondly, how come. they didn' t have to go out
to bids on that stuff?
SUPERVISOR PELL: It' s under $3, 000. 00. The radar is is under
$3, 000. 00.
COUNCILMAN NICKLES: The outboard sure couldn' t be. under $3, 0,00. 00.
SUPERVISOR PELL: He' s learning.
(Discussion concerning the radar, , outboards and purchase limits. before
bids are required. )
SUPERVISOR PELL: Well, if you gentlemen want to give it to me,
fine, if you .don ' t, it ' s fine too. .
COUNCILMAN NICKLES: I think we have to have a policy.
SUPERVISOR PELL: Like what, John? ' .
DECEMBER 29 , 1981 -'' T :, 487
COUNCILMAN NICKLES: Like I just suggested. I don ' t see any
difference whether the Supervisor or the Town Board are buying
stationery piece-meal or the department head is buying it piece-
meal. I don ' t care whether they are buying it from X Company
or Y Company. If you are going to get the advantage of central
purchasing you have to have a coordinated program between all your
departments. Let ' s just say on stationery, there it is, or
detergents, or whatever it is you' re buying--for the buildings
and grounds or whatever . Just like Rinky orders his oil or salt :
He doesn' t buy a little bit at a time, he anticipates what he is
going to have for the following year and he orders it all at- once,
SUPERVISOR PELL: This is what I hope to do.
COUNCILMAN NICKLES: Right. I think that is what we have to do
and decide what--make a policy. You can ' t just say this particular
person. is going to be in charge of it without the policy.
COUNCILMAN DRUM: John is right. You probably need a committee or
whatever to lay out the policy, Bill.
SUPERVISOR PELL: John Nickles and I will be a committee to lay one
out for you.
COUNCILMAN DRUM: Specify items, specify departments. Is the Public
Works going to be included on their soaps and detergents and what
have you. Those are all considerations.
COUNCILMAN NICKLES: Henry' s point is well taken because there may
be certain items that the Highway Department is buying as a separate
entity that should be incorporated into the policy.
SUPERVISOR PELL: I ' ll come up with a policy on this and work with
John and see if we can't work something out . One fact I feel real
strong, we should sort of control it a little bit .
(The Board discussed fencing the sump on Boisseau Avenue, Southold. )
(Councilman Murdock spoke to Highway Superintendent Dean relative
to repair of the fence around a sump on Depot Lane, Cutchogue. )
On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that a recess be called at this time 12: 45 P.M. , for the
purpose of discussing the Grievance Hearing of Julia E. King.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman _
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
EXECUTIVE SESSION
12: 46 P.M. - The Board discussed the pending decision in the
matter of the Grievance of Julia E'. King.
Meeting reconvened at 12: 55 P.M.
On motion of Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that the following Decision be and hereby is rendered by
the Town Board of the Town of Southold In the Matter of the Grievance
of Julia E. King, Grievant :
This is a Grievance filed by Julia E. King, an enp-loyee in the
Assessor' s Office of the Town of Southold, pursuant to Chapter A 105
of the Southold Town Code.
The Grievance was initially presented to the Chairman of the
Board of Assessors, the immediate supervisor, who apparently decided
that the Grievance should be decided by the Town Board and not him.
The Grievance was placed before this Board and a hearing was
duly held by the Town Board on December 22, 1981, at which hearing
the Grievant appeared in person and by her representative; Curtis
W. Horton, an officer of the Civil Service Employee Association.
It appears from Grievant ' s written Grievance that the nature
of the Grievance is that she contends that her "Longevity has been
figured on my base salary and not my true yearly salary as the
48'3 DECEMBER 29 , 1981
contract calls for" . The remedy sought is "a review of my payroll
records for the fifteen years of my employment with the Town of
Southold in regard to an adjustment and compensation due me
Article VII, Section 5 of the. present .CSEA Contract provides
for additional compensation based upon length of service of: full
time Town employees. Subdivision (a) provides that employees with ,
at least 10 years but less than 15 years of service shall receive
a salary increase of 4%. Subdivision (b) provides that employees
with at least 15 years but less than twenty years of service shall
receive a salary increase of 5%. This provision has been in: all
CSEA contracts since 1969. Grievant commenced employment with the
Town of Southold on June 1, 1966, and therefore completed 10 years
of service on June 1, 1976 and 15 years of service on June 1, 1981.
Between Grievant ' s loth and 15th years of service, she has received
a salary increase of 40, and from her 15th year of service she has
received a salary increase of 5%.
The Supervisor' s Office has compiled a written analysis of
Grievant ' s salary from 1974 to June 1, 1981, which shows all salary
increases paid to Grievant by virtue of the provisions of the CSEA
contract, including salary raises as well as longevity payments:
An examination of this analysis indicates that the method- used in
determining Grievant ' s salary is as follows: The employees salary,
together with any raises '(under the CSEA Contract) is first determined
and to this figure is added the applicable percentage of longevity. pay.
Thus, on June 1, 1976 (when Grievant first became entitled to
longevity pay) Grievant 's salary was $9, 326. 00 to which was added
4% or $373. 04, making her total salary $9, 699. 04. In 1977, a salary
raise of $468. 00 was provided for in the CSEA Contract. Therefore,
Grievant' s former salary of $9, 326. 00 was raised to $9, 794. 00 and
to this was added 4% longevity pay. , This method has been ,consistently
used in all cases in determining an employee' s total compensation
since the longevity clause first became a. part' .of- _the CSEA Contract .
It is apparently Grievant' s contention that the proper method to
use is to determine an employee' s total compensation, including
longevity pay, and then use this total amount ;in the next year to
determine longevity pay. Such 'a method would result in the percent-
age of longevity pay being compounded each year. This would result
in an increase in pay (solely for longevity pay) over a five year
period (between the loth and 15th year) of over 22 percent, not the
4% specified in the Contract. A reading of the Contract provisions
applicable to longevity pay in their entirety clearly indicates an
intention to. grant only an annual increase in salary of 4%, not an
increasing percentage every year. . This interpretation is further
supported by the fact that the longevity clause was first demanded
by CSEA in its negotiations for the 1969 CSEA Contract ; it first
appeared in the 1969 Contract; and the method of computing longevity
pay has never been questioned by CSEA for more than the 12 years of
its presence in the Contract. For the above reasons, this Board
determines that the Grievance is without merit and is, accordingly,
dismissed.
If the Grievance were not dismissed for the reasons set forth
above, the same would be required to be rejected since the subject
matter of the Grievance is not a subject for Grievance since it is
specifically excluded in the definition of a "Grievance" under
Section A 105-1 of Chapter A 105 of the Town Code, which provides
"that such term (Grievance) shall not include any matter involving
any employee' s rate of compensation. . . . "
Vote of the Town Board: Ayes:. Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
Supervisor Pell advised the Board he has written to the Bureau of
Municipal Affairs Examinations, Office of the New York State
Comptroller concerning the examination of the Town of Southold
records for .the period beginning on January 1., 1975 and ending on
December. 31, 1980, and invited their representative to comeback
to the Town in four months to go over what has been done to correct
any of the things mentioned in the report that should be corrected.
He has scheduled a meeting on January 8th with the department heads
and will hit on the audit report with the individuals that are
mentioned in it. . Hit lightly with them, and then go into a one to
one basis in depth with them, how corrections can be made, and what
their recommendations are for correction. The first meeting will
be January 8th at 9: 00 A.M.
DECEMBER 29 , 1981 " 489
SUPERVISOR PELL: Anybody else have anything to bring up before
we' close today? There is only the --Town Board here but I would
personally like .to comment. on Councilman Drum leaving us. Him
and I came onboard four years ago, had a lot of , good times , a
lot of heart aches together and I personally enjoyed the friendship.
I never knew Hank until we got on the Board, - campaign trail, we
first met in Mattituck parking lot . The first time I actually shook.
Hank' s hand. Him and I came out that election as the best two out
of four. We set here for two years and the last two years having
him on my right hand (on the dais ) , every once in awhile he' d give
me a nudge and saV, "You forgot this or forgot that" . It' s been a
pleasure, Hank, and on behalf of the Board and the people of
Southold Town, especially myself, it ' s been a pleasure to work
with you.
COUNCILMAN DRUM: Thank you, Bill, and I appreciate your comments
and as I have said, it has been a privilege for me to serve on
the Town Board. I ' ve enjoyed it tremendously. I well know the
responsibility that the Town Board and good luck to you.
On motion of Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that there being no further business to come before this.
:`_. . Town Board meeting, adjournment be called at 1: 00 P.M.
Vote 'of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell..
This resolution was declared duly ad'opted.
AJ dith T.. Terry
Town Clerk