HomeMy WebLinkAboutTB-07/24/1979 JUL f2, 1979,.
SOUTHOLD TOWN BOARD
July 24, 1979
WORK SESSION
A delegation .of 13 residents from the Gull Pond area appeared before
the Board to discuss the matter of boats mooring along the bulkhead
at the Norman E. Klipp Marine Park. The residents were advised that
the Trustees have jurisdiction over the bulkhead. At the time the bulkhead
was constructed there was an agreement with the New York State
Department of Environmental Conservation and it is believed there
are certain conditions in the agreement pertaining to the bulkhead. "
A search has been made of the Town records but the agreement cannot
be located, however, the Town Clerk has requested a copy from the
DEC, and as soon as it is received a determination relative to the
moorings will be made. In the meantime the Town Trustees have been
requested not to issue any further mooring permits at that location.
Dr. Myron Slater, Greenport, appeared before the Board to discuss
a proposal from the Office of Tourism and Cultural' Affairs for the
Town .-of -Southold. - Dr. Slater outlined the background of this
proposal, proposed budget (Dr. Slater would like to be the Director) ,
description of the Office of Tourism and Cultural Affairs, and job
description of the directorship. Dr. Slater is certain a major
portion of the Office can be funded through federal grants, but
would like approximately one fifth Town contribution so they will
not be totally under federal control. The Board said they would
study the proposal and asked Dr. Slater to contact the Chambers of
Commerce and outline his plan and ask for their feelings on the
matter.
A regular meeting of the Southold Town Board was held on Tuesday,
July 24, 1.979 at the Southold Town Hall, Main Road, Southold, New
York. Deputy Supervisor Homan opened the meeting- at 3: 00 P .M. with
the following present:
Deputy Supervisor James Homan
Justice Martin Suter
Justice Francis T. Doyen
Councilman Henry W. Drum
Councilman William R. Pell III
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
On motion of Councilman Drum, seconded by Councilman Pell, it was
RESOLVED that a brief recess be called at 3: 00 P.M. to enable
Councilman Homan to submit his resignation to the Town Clerk.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter.
This resolution was declared duly adopted.
Councilman Pell requested that. Councilman Drum reopen the meeting
as presiding officer.
Meeting reopened at 3: 02 P.M. , Councilman Drum presiding.
Town Clerk Judith Terry read the resignation of Councilman James
Homan effective July 24, 1979.
On motion of Councilman Pell, seconded by Justice Suter, it was
RESOLVED that James Homan be and he hereby is appointed by the
Town Board of the Town of Southold to fill the unexpired term of
the late-Supervisor Albert M. Martocchia until December 31, 1979.
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11Ut ? 4 1419
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter.
This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Pell, it was
ESOLVED that Bond No. 73. 5-16018 BCA issued by the Aetna Casualty
and Surety Company in the amount of $200, 000. in the name 'of James
Homan, Supervisor, Town of Southold be and hereby is approved as to
its form, sum, manner,.of execution and sufficiency of surety therein.
Vote of the Town Board: , Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Justice Doyen, it was
RESOLVED that Bond -No. 73 S-16019 BCA issued by the Aetna Casualty
and Surety Company in the amount of $15, 000. in the name of James
Homan, Supervisor, Custodian of Fishers Island Ferry District Funds
be and hereby is approved as to its form, sum, manner of execution
and sufficiency of surety therein.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
CouncilmanHoman, Justice Doyen, Justice Suter.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, .
Councilman Homan, Justice Doyen, Justice Suter.
Thsi resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Pell, it was
RESOLVED that a recess be called at this time, 3: 15 P.M. , so that
James Homan may take his Oath of Office asp Supervisor and his
Oath of Office and Bonds may be filed. in the Suffolk. County Clerk's
Office.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter.
This resolution was declared duly adopted.
Meeting reconvened at 4: 00 P.M.
On motion of Justice Suter, seconded by Councilman• Drum, it was
RESOLVED that the minutes of the July 10, 1979jS6uthold Town Board
meeting be and hereby are approved as submitted. _
Vote of the :Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Pell, it was
RESOLVED that the next regular meeting of the. Southold Town Board
will be held at 7: 30 P.M. , Tuesday, August 7, 1979 at .the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resoltuion was declared duly adopted.
Supervisor Homan announced that he will call a special meeting,,of
the Board within the next several days to appoint committees'. '
On motion of Councilman Pell, seconded by Councilman Drum, it was
RESOLVED that the following audited bills be and hereby are approved
for payment: General Fund Whole Town bills in the amount of $954. 16;
General Fund Part Town bills in the amount of $141. 13; Highway Depart-
ment bills in the amount of $107. 54; and Federal Revenue' Sharing bills
in the amount of $22, 455. 97.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Soyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
r
Supervisor Homan stated that he is in receipt of the 1977 Anti
Recession and Compliance Report for the Town of Southold from
Elaine F. Kaldor, C.P.A. , and the June 1979 report of the 'Southold
Town Police Department.
Supervisor Homan. :
1. Receipt of a Notice of Complete Application for Non-Minor
Projects from the NYS DEC upon application of the U.S . Department
of Agriculture for permission to construct a 50 ft. by 6 ft. addition
to existing pier for use in docking USDA at Gardi.ners Bay, Plum
Island, New York. Comments by August 8, .1979.
U.12 41979: 313
2. Notice from the Suffolk County. Board of E.l.ec.t ons: that the.
Southold Town Hall will be used for registration on Saturday,
September 29, 1979 from 12: 00 Noon to 7 : 00 P .M. , and Tuesday, October
2, 1979 from 4.: 30 P.M. . to 800 P.M.
3. Receipt of a supplemental notice from the Corps of Engineers
relative to Bulkhead Replacement Activities in Navigable waters
of the United States giving an effective date of the general permit
as June 11, 1979 and expiration date of June 11, 1984.
4. Letter from Police Chief Carl Cataldo stating the vehicles
located in the impound yard at headquarters which were unclaimed and
classified as "junk" have been sold as salvage for $390. 00
5. Invitation from the New York State Energy Office to
participate in .a local government energy conservation grant program.
Dates and places to be supplied at a later date. . The Supervisor is
interested in attending such a program, and he will probably appoint
a Board member, a member of the Building Department and a third
individual to attend.
6 . Letter from Ralph M. Verni, property owner at Inlet Lane,
Gull Pond, Greenport. During a recent County dredging project
fill was placed on his beach and "almost completely obstructs my
view of the water from my house and my property when I am sitting
on the back lawn." This letter will be referred to the County.
7. Receipt of a Certified Letter from the Suffolk County
Department of Labor advising of certain regulations that must be
complied with by the Town under the Comprehensive Employment and
Training Act Regulations (CETA) .--This has been reviewed with the
office staff and Town Attorney Tasker and Supervisor Homan has every
assurance the Town is in complaince with the regulations.
8. About two months ago the Board at the request of .Riverhead
Town sent a letter to the Suffolk County Legislature asking them
not to move the court system from Riverheadto Yaphank.. The County
Legislature has replied stating there are currently no plans to move
the Supreme Courts from their present location in Riverhead.
9. Correspondence from the Town Trustees and the Southold Town
Baymen' s Association, Inc. regarding scuba diving. Justice Suter
has researched the local law and informed Supervisor Homan that there
are in the State regulations the necessary requirements for scuba
divers such as a standard flag and the State Law should be. sufficient.
In future events should prove skin or scuba diving in Town waters is
.abused in spite of the State regulations it may be. possible 'this
Board would have to take another look at the matter to determine
whether they should pass a local ordinance.
10. Receipt of Notice of Claim from Arthur Siemerling who
claims to have been injured on the sidewalk in Mattituck. All
necessary agencies have been notified of the claim.
11. Receipt of confirmation letter from the Department of
Law, State of New York relative to the meeting of August. 3rd at
10: 00 A.M. , concerning the Goldsmith Jetty. This is the Department
of Law' s meeting and they are inviting the people. Should anyone
feel that his presence will--be necessary at 'the meeting Supervisor
Homan would gladly give the address where:--they can write and ask
for permission to attend the meeting. He has only received
permission to invite the Town Board, Town Attorney, County Attorney
and County Department of Public Works.
12. Letter from Riverhead Supervisor Allen Smith. which he
addressed to Supervisor Butterfield of Huntington Town stating he
is attempting to arrange a meeting with the Lieutenant Governor
on July 26th at Westhampton Beach. It is Supervisor Homan' s
understanding the meeting has been set up and he plans to attend
that meeting.
13. Receipt of resumes from various people in response to
the Board' s request to fill the vacancy on the Planing Board.
Resumes have been received from George A. Barzac, Robert A. Celic,
Lewis L. Edson, Myron Slater, Jean H. Tiedke, Peter W. Harris,
Gerard P.. .Goehringer, Jr. , afid George Latham. If anyone has previously
submitted a resume for the Planning Board and wishes it to be
reactivated f6r this vacancy, consideration will be given to that
individual.
14. Thank you letter from the Cutchogue, New Suffolk Historical
Council for the Town' s annual contribution to them.
15. Item 12 on the agenda, submission of EDA and HUD claims for
payment was handled in the audit approval earlier.
16. As Supervisor Homan indicated earlier there have been
problems in Gull Pond concerning fill and unwanted fill and
an encroachment of commercial vessels in the 'area and th.si may be .
contrary to the agreement that was in effect when the park was
314
established. The Board is trying to ascertain whether this is so
or not. The Board has asked the Trustees to respectfully hold any
further permits until this matter is resolved in one way of another.
Along that line a letter has been received from Mr. and Mrs. Francis
P. Conant.
17. Notice .from the Village of Greenport that the Planning
Board of the Incorporated Village of Greenport is. lead agency in
the matter of the proposed development of the former "Sweet' s Ship
yard. " —
18. A letter for the :Goldsmith Inlet file from Edward Schwindt,
Jr. , Director, Peconic Sound Shores Association, Inc. relative to a
meeting they held July 21st to consider the impact of efforts by the
Kenney' s Beach Assocation to remove Goldsmith Inlet jetty.
19. Receipt from the New York State DEC a request for informa-
tion on mines. It is assumed this means sand mines in the Town
and Highway Superintendent Dean will answer their request.
On motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that the Town Board of the Town of Southold sets 3: 30 P.M.'
Tuesday, August 21, 1979, Southold Town Hall, Main Road,
Southold, New York as time and place for a hearing upon application
of Thomas & Jacqueline Ochiogrosso , for a permit under the provisions
of the Wetland Ordinance of the Town of Southold for permission to
erect a single family residence on Lot 28, Corey Creek Estates, Corey
Creek Lane, Southold, New York. All persons interested in said matter
shall appear at the time and place above specified and will be given .
an opportunity to be heard.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
Supervisor Homan:
20. Item IV. 2. on the agenda calls for setting a date for
a hearing re: CATV. CATV has requested a hearing because they
wish to amend the franchise to eliminate the requirement of Paragraph
4, subdivision (g) which provides that all subscribers in the Town
of Southold will be served from the headend located in the Village
of Greenport. A date for the hearing will not be set until this
request is clarified.
21. Supervisor Homan stated that with the Board' s consent, .
and he is now asking for formal consent, agreed to place a. .young
lady in the Town Hall as summer help. This is for several purposes:
some of the employees, because of hearings, etc. have built up over-
time and are entitled to the time off. This way their, offices can
be covered by this employee. Also, there was a CETA employee in the
Building Department and we hope to get one again but in the mean time
they are short of help.
On motion of Councilman Pell, seconded by Councilman Drum, it was
RESOLVED that Eileen Carey, Greenport, New York be and she hereby
is hired as a summer employee at $3. 00 per hour effecti.ve 'July. 16,
1979 .
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, ,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
Supervisor Homan: '
22. The Town has been involved for sometime in a tax appeal
case and the attorney representing the Town has met with. 'all parties
concerned and he has made a recommendation that the Board approve
an agreement arrived at between he and the attorney for the petitioner.
On motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that the Town Board of the Town of Southold approves the
settlement of $43, 000 assessed valuation for Suburbia Federal
Savings & Loan Association.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum, ,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Justice Suter, .
WHEREAS, the Marian Council #3852, Knights of Columbus, .Cutcho.g.ue '
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,
:J-U L'=2k: 4:_1979 31
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 Marian Council #3852, Knights of Columbus,
Cutchogue, New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Councilman Drum,
WHEREAS, the Burton Potter Post # 185, American Legion, Greenport,
New York has applied to the Town Clerk for an Amended 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
an Amended Bingo License to the Burton Potter Post #185, American
Legion, Greenport, New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
Supervisor Homan:
23. The Town, through the efforts of Elisabeth. Taibbi. of the
Office For The Aging, Senior Citizen Affairs, Suffolk. County, has
been. advised they have $10, 000.available to the Town for the purchase
of a replacement van for the Nutrition. Center. The. present van has
been more or less condemned by the Superintendent of Highways.
On motion of Justice Suter, seconded by Councilman Pell, it was
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for a new Transportation Van for
the Senior Nutrition Program.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
On .motion of Councilman Pell, seconded by Justice Suter, it was
RESOLVED that the Eagle Hook & Ladder Company of the. Southold Fire
Department is hereby granted a special license to hold a carnival
on the fire department grounds, Main Road, Southold, New York from
August 7, 1979 through August 12, 1979. This special license is
granted in accordance with Article XI, Section 100-114, subsection C
of the Code of the Town of Southold, provided the Southold Fire
Department secures the necessary approval from the,Southold Town
Board of Appeals.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Pell, it was
RESOLVED that permission is hereby granted to the Eagle Hook &
Ladder Company of the Southold Fire Department to use one or all of
the following Town roads as staging areas for the marching units
for a parade to be held on August 8, 1979. or rain date August 9 ,
1979 : Main Bayview Road, Ackerly Pond Road, Lower Road and Jockey
Creek Drive. This permission Js granted provided the necessary
insurance is secured to hold the Town of -Southold harmless.
Vote of the Town Board: ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution.-'-..was declared duly adopted.
On motion of Justice Doyen, seconded by Justice Suter, it was
RESOLVED that permission i.s. hereby granted to the Fishers Island
Fire Department to close off a short section of Equestrian Avenue
and a short section of Athol Crescent for a departmental function
to be held on August 10, ' 1979 from 5 : OO . P.M. to 1: 00 P .M. August
11, 1979. This persmission is granted provided the necessary
insurance is secured to hold the Town of Southold harmless.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
3 6 J u L:2: :",,l 979
On motion of Justice Doyen, seconded by Justice Suter, it was
RESOLVED that the Town Board of the Town of Southold approves
the action of the Board of Commissioners of the Fishers Island
Ferry District in hiring the following persons to operate the
Ferry District movie theatre: Edwin Horning as Cashier at $10.0. 00
per week; J.B. Hartsfield as Projectionist at $25. 00 per show;
and Charles Stepanek as Clerk at $50. 00 per week.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
Supervisor Homan:
24. Item V-9 on the agenda has to do with the meeting to
be held on Thursday, July 26th with the East End Supervisors.
There is $40, 000 available to the five East End Towns as a 500
participartion into going into a group recycling study. Southold
Town' s share of this study would be $7600. These studies are at
the direction of the DEC and other agencies. The Board just
approved a recent payment of $19, 000 to Holzmacher, McLendon and
Murrell on Solid Waste Study, and another $2500. for the Liquid
Waste Study with Greenport. He inquired of H2M as to whether
the $19, 000 report could be used toward the new proposed study
and was advised if the Town does not enter into this Five Town
Agreement then should the DEC or any federal agency mandate recycling
the Town would not be eligible for any grant money. Therefore,
Supervisor Homan needs a resolution from .the Town Board authorizing
him to enter into the agreement with the Five East End Towns for
this study.
Moved by Councilman Drum, seconded by Councilman Pell,
WHEREAS, the Town of Southold has completed its Part 360 Report,
which details the possible closing of the Sanitary Landfill :_.in'.'the
year 1985, and
WHEREAS, the New York State Department of Environmental Conserva-
tion, in cooperation with the United States Department of Environmental
Protection, has advised the Supervisor that certain matched funds are
available for the purpose of studying an East End resource recovery
plant, and
WHEREAS, this Town Board wishes to investigate the possibility of
such a study,
NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and he hereby
is authorized to negotiate an agreement with the other four East End
Towns for the purpose of studying the possibilities of a joint resource
recovery facility for the five East End Towns. The Supervisor may
negotiate such terms and conditions as are appropriate for the filing
of an application with the New York State Department of Environmental
Conservation for matching funds and obligate this Board to the expenditure
of Fifty percent (500) of this Town' s share for such study.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
his resolution was declared duly adopted.
Supervisor Homan:
25. The Town Board has enjoyed the services of Jean Tiedke
for some time, and her excellent work in responding to all of the
nuclear hearings in reference to not only Shoreham but in particular
Jamesport. In this respect she 'has today handed the Town Board her
Reply Brief on LILCO-Jamesport. This is the final brief that will
be filed. The brief is, as -us.ual�.very_-very.W:.go.od, very well put.
On motion of Justice Suter, seconded by Justice Doyen, it was
RESOLVED that the Town Board of the Town of Southold approves the
Reply Brief, prepared by Jean H. Tiedke on behalf of the Town of
Southold, to the Briefs on Exceptions to the Presiding Examiner' s
Decision of May 1978 in the LILCO-Jamesport Nuclear Plant hearings.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resoluiton was declared duly adopted. .
Moved by Councilman Pell, seconded by Justice Suter,
WHEREAS, a proposed Local Law No. 1 - 1979 was introduced at a
meeting of this Board held on the 12th day of June, 1979, and
HHEREAS, a public hearing was held thereon by the Board on the
loth day of July 1979, at which time all interested persons were
given' an opportunity to be heard thereon,
NOW; . THEREFORE, BE IT RESOLVED that Local Law No. 1 - 1979 be
317
enacted as follows:
LOCAL LAW NO. 1 - 1979
A Local Law to Amend Chapter 48 of the Code
of the Town of Southold in Relation to the
Use of the Town Refuse Disposal Area.
1. Section 48-3 of Chapter 48 of the Code of the Town.-of
Southold . is hereby amended by adding a new subsection thereto,
to be subsection C to read as follows:
C. No vehicle shall be permitted to transport
refuse into any refuse disposal area maintained by
the Town of Southold, unless such vehicle displays a
valid parking permit issued pursuant to the provisions
of Section 65-3 of the Code of the Town of Southold.
2. This local law.--shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice. Suter, Supervisor Homan.
This resolution was declared duly adopted.
(Supervisor Homan asked Highway Superintendent Dean to inform the
people how he expects to implement the. new parking permits for the
disposal area. --Highway Superintendent Dean stated that they will
try educating the people for the first two or three weeks before
enforcing the law."--Mr. Charles 'Hickey asked if this will be the
same sticker as is issued for beach parking, and the answer was yes.
Next year it will be a use sticker for the Southold Town facilities. )
Supervisor Homan:
26. Sometime ago with Justice Suter' s efforts through the
Judicial Committee he came upon a way to get some money for
Southold Town in the way of a grant toward helping offset the
new communication system the Town is installing at the Police
Headquarters. ---Justice Suter stated that several years ago Chief
Cataldo submitted a proposal of about $35; 000. for a communication
system. There is $100, 000—available for the East End. Applica-
tions so far total $160, 000 for the money available. The Chief
and Justice Suter are optimistic that they have a fighting chance
to get the money applied for because Southold not only serves its
own communications area, but it also takes care of Greenport and
Shelter Island. This money will come from the Law Enforcement
Assistance Administration. The application is in and a survey;-
was made today at Headquarters.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the Town of Southold agrees to provide matching
funds in the amount of $1750. 00 should the project for the telephone
system for the Southold Town Police Department be approved by the
Suffolk County Criminal Justice Coordinating. Council. The total
cost of the system is $35, 000. and the Town of Southold agrees to
the 5% matching fund amount to be paid from the budget of the Town
of Southold.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that. the Supervisor be and he hereby is authorized to
enter into an agreement with the Mattituck Fire District to install
a base station radio and antenna at the Southold Town Police Head-.
quarters in conjunction with a new alarm system being installed at
their headquarters.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution- was declared duly adopted.
On motion of Councilman Drum, seconded by Supervisor Boman, it was
RESOLVED that John J. Nickles be and he hereby is appointed to
fill the unexpired term of James Homan as Councilman on the 'Southo.ld
Town Board. Said term to expire December 31,. 1979.
Vote of the Town Board: No:...:Coiincilrian_:Pell. Ayes: Councilman
Drum, Justice Doyen, Justice Suter, Supervisor Homan.
This. resolution was declared duly adopted.
Councilman Pell stated he was surprised the appointment of John
r
Nickles as Councilman was not on the agenda and was not discussed
318 `JUL 2 197S.
at the working session in the morning. ---Supervisor Homan stated
he did discuss it with him unofficially the fact that Justice' Suter
apparently will have to resign from the Board very very shortly.
That being the case he asked that he be appointed to the position
of Councilman:._ He feels that he was elected to serve the Town on
the Town Board for four years. However, if he does resign from the
Board he does not have the votes to-put him back on the Board as
Councilman. Supervisor Homan stated he cannot function on this
Board with four members. - _._ With on member on Fishers
Island and the other members both have jobs sometimes which take
them out of town. He needs Board members, he must appoint committees.
He has things that this Board must do and in that effort he feels
the appointment of John Nickles is very much in order. He would much
rather have appointed Martin Suter to the position of Councilman'
but that was not to be.
Marie Johnson, Southold, asked when an appointment to the Planning
Board will be made?---Supervisor Homan stated the Board is receiving
applications as fo, the close of this meeting. Should anyone have
had an application in previously and wishes it to be reinstated
they should call Supervisor Homan or any other Board member. The
appointment will possibly be made at the next meeting.
Councilman Pell stated that there is now a vacancy on the Town
Trustees. Is the Board going to call for resumes?--Supervisor
Homan stated he does not know if a precedent has ever been set
against receiving resumes for an elected office. This will be
discussed on a Board level when he meets with the Board following
this meeting to set a date for a special meeting for the appointment
of committees for the various projects that are pending in the Town.
Mrs. Charles Hickey asked if it is in order for real estate people
to send in their resumes for the Planning Board. ---Supervisor
Homan stated that when the Board asks for resumes anyone in Town
may send one in.---Justice Suter stated that there is a full
disclosure law and if they are involved in anything before the
Planning Board they would have to reveal their involvement, partners,
and so forth. It is very carefully spelled out.
Mr. Franklin Bear, Southold asked about resumes for the vacancy of
Trustee.---Supervisor Homan stated it will be discussed later by
the Board.. When you come to an elected office it is the choice
of the people. ---
Mr. Agne Panagopoulos, East Marion, spoke about Supervisor Homan' s
statement, the "choice of the people. " He asked if it is the choice
of the people or the choice of the ruling party?---Supervisor Homan
stated if a particular party would have a majority on the Board, then
in essence it would be the choice of the ruling party.
Mr. Halsey Staples, Greenport, asked if the East End Supervisors are
concerped with the increased amount of building the County is doing
in the 'Western part of the county.---Supervisor Homan stated there
are two groups, the Suffolk County Supervisor' s Group and East End
Supervisor' s group. However, when the supervisors from the other
end of the County get together the supervisors on the east end don' t
count for too much, therefore they formed a sub-group of their own
and for all but practical purposes have all but left the group to
the west. They talk in numbers, they have things that really don't
concern the east end and by the same token the problems we have. on
the east end really aren' t their problems. While the five east end
towns, Riverhead, Southold, Shelter Island, East Hampton and Southampton
are all different in each respect still a lot of their problems are
very common to all of them. The East End Supervisors feel they have
more clout as a smaller group. So far the East End Supervisor' s
group have been quite successful in getting attention from the
various agencies. --Mr. Staples stated it appears to him they are
trying to extract as much out of the east end as possible before
the east end leaves them for Peconic County, that is what he is
concerned about. The increased buildings in Hauppauge we will be
paying for.
Supervisor Homan stated that Item 3 under public notices on the
agenda states there will be a meeting on August 23rd from 2 : 00 to
4 : 00 P .M. at the request of Assemblyman John Behan, and it will
be:.-,on the matter of Peconic County.
..JUL 214 1979 31'.9
Mr. Staples asked. if ..there are any-,,s.pecifics on the abuse of scuba
diving?---Supervisor Homan said that there are not necessarily
abuses, there have been complaints from the Baymen that scuba
divers have been picking up shellfish in excess of their allowable
limits. There have been several instances where a boat has come
along when someone has been in the water scuba diving and the diver
was not marked by a flag. The scuba divers have not been upholding
their end by properly marking the fact there is a diver in the area.
Mr. Staples asked if the State has replied yet on the agreement at
Gull Pond?---Supervisor Homan stated the document that was entered
into between the State, County, and Town cannot be located by the
Town Clerk. She has written to the various agencies for a copy
of the regulations. If and when we receive the regulations and
find there were stipulations made and that possibly .things are being
done now that are not in accordance with the agreement that that
will have to be considered at that time.
On Motion of Justice Suter, seconded by Justice Doyen, it was
RESOLVED that a recess be called at 5: 00 P.M. to reconvene at
3 : 30 P.M. , August 23, 1979.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Justice Doyen, Justice Suter, Supervisor Homan.
This resolution was declared duly adopted.
The regular meeting of the Southold Town Board of July 24, 1979 .
reconvened at 3.: 30 P.M. , JUly 25, 1979 at the Southold Town Hall
Main Road, Southold, New York. Supervisor Homan opened the meeting
at 3: 30 P.M. with the following present:
Supervisor James Homan
Councilman Henry W. Drum
Councilman William R. Pell III
Councilman John J. Nickles
Town .Clerk Judith T. Terry
Absent: Justice Francis T. Doyen
Supervisor Homan made the following committee appointments:
Parks & Beaches - Councilman Pell, Councilman Nickles
Inladn Waterways - Councilman Nickles, Councilman Pell
Police - Supervisor Homan, Councilman Drtm.,..': Councilman Nickles
Taxation & Finance - Supervisor Homan, Councilman Pell, Councilman Drum
Highways—Supervisor Homan, Councilman Nickles, Councilman Drum;
Disposal Area- Councilman Pell, Councilman Drum, Councilman Nickles
Street Lighting- Supervisor Homan
Commerce & Industry - Councilman Drum, Councilman Pell
100% Assessment - Councilman Pell, Councilman Drumr
Computerization - Supervisor Homan, Councilman Nickles
Grants - Councilman Drum, Councilman Pell
The first name.:.:.mentioned for each committee denotes the Chairman.
On motion of Councilman Pell, seconded by Councilman Drum, it was
RESOLVED that the following individuals be and hereby are appointed
to the Licensing Review Board subject to their acceptance of the
job:
Robert L. Hyatt, Southold, William Smith, Southold, Eugene
Mazzaferro, Greenport, Norman Reilly, Mattituck, George
Fisher, Chairman.
Vote of the Town Board: Ayes: Councilman Nickles, Councilman' Pell,
Councilman Drum, Justice Suter, Supervisor Homan, Absnet: Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Pell, it was
RESOLVED that the following individuals be and hereby are appointed
to the Board of Ethics., subject to their acceptance:
Judith T. Terry, Rudolph H. Bruer, Edward John Boyd V
Vote of the Town Board: Ayes: Councilman Nickles, Councilman Pell,
Councilman Drum, Justice Suter, Supervisor Homan. Absent: Justice Doyen.
This resolution was declared duly adopted.
Supervisor James Homan appointed Martin Suter Deputy Supervisor of
the Town of Southold pursuant to the provisions of Section 42 of
the Town Law.
Justice Martin Suter stated that as of this date he submitted his
resignation to the Village of Greenport as Acting Village Justice
3 0 1979 `
3
and as of Friday, July 27, 1979 he will submit his resignation to
the Southold Town Clerk as Town Justice for the Town of Southold.
as of 3: 00 P.M. He selects 3: 00 P.M. because he has cases on with
the District Attor.ney' s Office to dispose of before that time.
Mrs. Marie Johnson asked why Supervisor Homan is appointing Justice
Suter Deputy Supervisor for only three days.---Supervisor Homan
stated that Deputy Supervisor is his appointment and he does not
have to be a member of the Town Board but he. did go to a member of
the Board because a precedent has been set. He needs Justice Suter' s
experience to help.:-.him for the next few months. Mr. Nickles is
quite, inexper.ienced and Councilman Pell and Councilman Drum can
tell anyone about how much help Councilman Nickles will be to him.
As Deputy Martin Suter does not have a vote on the Board but
he .will be available to fill any appointments that he might not be
able to keep. The pay for Deputy Supervisor is $1500. per year, and
it will be pro-rated.
Justice Suter thanked all of the Board members and personnel for
bearing with him and assisting him in doing his Job for twelve years
for the Town of Southold and he appreciates the cooperation he has
had from both the old and new members . Everyone has had one goal,
the interest of the Town of .Southold and it is very nice to work
under those conditions, and he appreciates the opportunity he
has had to serve.
Supervisor Homan stated that the Justice Courts in the Town of
Southold have benefited by his being on the bench, and he thinks
the people of the Town of Southold and most of -the Board members
hate to see him get---off the Board but they recognize that everyone
has ambitions and do recognize that he has done a very good job
as a Board member and Town Justice.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 3: 40 P.M.
Vote of the Town Board: Ayes: Councilman Nickles, Councilman Pell,
Councilman Drum, Justice Suter, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted:'.
Judith T. Terry
Town Clerk