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HomeMy WebLinkAboutTB-12/15/1987452 SOUTHOLD TOWN BOARD DECEMBER 15, 1987 ..WORK SESSION .: Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, CoUncilman P u,I Stoutenburgh, Councilman James A; Schondebare, Councilwoman Jean W Cochrar~ Councilman George L,. Penny IV, Town Clerk Judith. T. Terry, Acting: Town Attorney Francis J. Yakaboski. . 9:15 A.M. - Robert Villa, member of the Water Advisory Committee and Chairman of the Farmland Preservation .Committee, along with Valerie Scopaz, member of the Water AdvisorY Committee and Town Planner, apPeared before the Board and Mr. Villa explained the proposal for a watershed area/groundwater divide of-ap'proximately 1500 feet on either side of the Lilco right-of-wa.y from Mattituck to Sdu~.~oId. He stressed that the area must be' safeguard, acquired, stricter regulations: applied, and should be th~s te for fUture well Sites fc~r the TOwn's water SuPI~I~y; ~r. Villa stated that he W!II be meeting with the Planning Board on Thursday .to~:. make. .:this presentation, after which he requested the T°~n BOard ito send a ietteff to County Director of Planning Lee Koppelman, Chairman .~f- the Special Groundwater Protection Areas Advisory COuncil; asking the council to Endorse the Townls plan and include these areas in their groundwater protection plan. 10: 10-A.M. - Patricia Moore, Attorney, and her clients Isaac & Albert Saidmehr, along with Merle Wiggin, Engineer; . and Valerie. Scopaz~ Town Planner, met with the Board to discuss the Southold Vilisa, Inc. petitions for a change of zone from ,A" to "AHD" and "A" to "M" at Main Road, SouthOld. The Planning Board has reviewed' the' proposed' Change of zones and recommends the entire, parcel be zoned "AHD", under which' provision one half of the parcel can be affordable housing, and one half multiple residence. Attorney Moore will withdraw both petitions and submit a new petition 'to. zone the entire parcel "AHD". 10:20 A.M: -'Stephen Perricone met with the'Town Board to discuss the release of the performance bond for Sebastians Cove. Supervisor Murphy requested Mr. Perricone to produce covenants and restricts with respect to- the Open'space and roads in the subdivision, 'and'to have them reviewed by Planner Scopaz. Mr. Perricone left the meeting and returned within an hour with the covenants and restrictions which had been filed with the County Clerk, and which were reviewed with Planner Scopaz and Acting Town Attorney Yakaboski, and the Board agreed to release the performance bond (see resolution no. 15]. 11:00 A.M. - Insurance Consultant William F. Mullen, 'J'r., along with Accountant John Cushman, met with the Board, and Mr. Mullen advised them that the Town has received insurance reimbursements to. date from the Stype Agency totalling $65,806.00. He was looking for $120,000.00, therefore there should be additional reimbursements forthcoming. For the year 1987 he expects to receive betwe~en $40, 000. 00. and $50,000.00 in reimbursements.---Mr. Mullen said he expects to have prices from two medical insurance carriers within a week. 11:15 A.M. - Mr. Chasrles Zahra and his attorney Eric Bressler met with the Town Board, Acting Town Attorney Yakaboski and Executive Administrator of the Build- ing Department Lessard to discuss Mr. Zahra's Appeal from Denial of Access to Records. Acting Town Attorney Yakaboski reviewed the circumstances leading to the appeal: Mr. Zahra's request for copies of the files maintained by the Building Depart- ment for the time period November :1, 1985 to November 4, 1987; a review of the ~ files by the Building Department determining the cost of the copies of these records to be $3,274.50, which Mr. Zahra was asked to pay in advance of, the copy rig; a letter from Mr. Bressler requesting permission for Mr. Zahra to bring his own copy machine into the Town Hall, which was denied. When Mr. Zahra was denied permission to bring his copy machine into the Town Hall, he then came in in early November and began examining the files in the Build- ing Department, current and non-current, from November 1, 1985 to November 4, 1987. The major problem is that the files are stored in the Town Hall baseement and requires zt clerk to go up and down stairs to retrieve them, and the only space for reviewing the files is in the Bui.lding Department office, which is over-crowded, and the situation became disruptive. Mr. Lessard imposed a time limitation of one hour..and a half in the afternoon, and Mr. Zahra and Mr. Bressler complied with the limitation. 453 DECEMBER 15, 1987 On November 30, 1987 Mr. LesSard~l~i~Mr~ Zahra further access, and the Appeal resulted. Mr. lessard estimates that all ofcthe current files and-about 3,000 put-away files have been examined' by Mr. Zahra. There are about 1',000 more files to~ examine. ,. Aside from the examination,- no request for photo copies has been made subsequent to this time. Mr. reasons for this meeting is to point out : Town Board,-and also to try to rationally workout som~.~means, in terms of~ time and physically where the :review of the~ files can. be ~done so that the general operations of the Building Department and the Town Hall,are not disrupted for a longer period of time. Mr. Yakaboski does not feel that the files should be delivered to a citizen and he/she left alone with~ them; and that is the ~eason why all of the work must be done in the presence of someone. The law pertaining to public access-was reviewed width the Town BOard, .and they determined that Mr. Zahra should be .permitted .to continue reviewing the. remain- ing files on a full-time basis so his review may be completed as quickly as possible. They directed Mr. Lessard to assign a clerk full-time to supply Mr. Zahra with the records, and effective December 16, 4987 the Meeting Hall or Town Board Room will be used, provided they are available (excepting court days or other scheduled meetings or hearings). Mr. Bressler and~ Mr. Zahra ag~reed to the arrangement. EXECUTIVE SESSION 11:40 A.M, - The Town Board and Acting Town Attorney Yakaboski m~, with Engineer Robert Brown of Sidney Bowne Engineering, Raymond Dean,, Inspector for Sidney Bowne, and Gary Taylor of Rogers and Taylor, Appraisers, to discuss the Sisu Development property, Horton Lane, Southold~ the subject of a proceeding under the Eminent Domain Procedure~ Law. 1:15 P.M. - Recess for lunch, 2:30 P.M. - Work Session reconvened and the Town Board' met with Joseph Fischetti, Jr. to discuss Mr. Fischetti!s proposal to create a course in'"Constructing Your Own Affordable Home"; a course to-teach individuals, who are pre-selected by the Town as being in need, to act as their own general contractor in building their own home. The course would provide two or three affordable house designs, a detailed set of material take-offs and complete set of cost estimates, with the course teaching the students~how~to use them. The course could provide a preferred 'sub- contractors list (a point questioned by Councilman Penny) using local tradesmen who would be willing to. work with the "students". Perhaps material supplies and subcontractors would be willing to give a discount to these special people~. The Board agreed the proposal has merit and suggested Mr. Fischetti work with Community Development Administrator Jim McMahon to. prepare a list of qualified pec~ple for such a-program. 2:45 P.M. - For Discussion Items: (1) Letter from Roger Burns, Superintendent. of Schools, Mattituck-Cutchogue School District, requesting the Town Board to amend the Scavenger Waste Ordinance and Alarm Systems Law to exclude .local tax supported organizations such as school.districts, free libraries, and fire departments.--Under the Scavenger Waste Ordinance, a law which required.State approval, exemptions. are prohibited. With respect to the Alarm Law, exemptions.will be discussed with Chief of Police Winters. (2) Letter from Henry E. Rayr~_ r, Jr., representing the Norris-Wanat change of zone, advising that the Planning Board cannot proceed further with the~:r, eview of the zone change until certain information and determi'nations are obtained from the Suffolk County Department of-Health Services, and Health Services will only supply _the required information to a municipal agency. The Town Board agreed the Supervisor should forward a letter of request for the information the Planning Board 'desires. (3) Proposed resolution uring County Executive-elect Halpin to rethink his position on the Town Revenue Sharing part of the~° sales tax (see resolution no. 18). (4) Decision on the appeal of Charles Zahra (see 11:15 A.M.) (5) Recommendation from the Planning Board for the release of the performance bond for P~radise-By-The-Bay (see resolution no. 19]. EXECUTIVE SESSION 3:00 P.M. - Town Board and Attorney Yakaboski discussed litigati0h and personnel. 4:00 P.M. - Assessors Watts, Gordon and Scott met with the Board to discuss personnel~ 4:15 P.M. - Board reviewed regular meeting resolutions. 4:30 P.M. - Audit of outstanding vouchers. 5:15 P.M. -~ Work Session adjourned. 454 REGULAR MEETING 7:30 P;M. A Regular Meeting of the S.outhold-~°wn Board was held on Tuesda¥~ December 15,- 1987, at the Southold T~wn-Hall, Main' Road, Southold; New York.. supervisor Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to ~h~~ Flag. Present: Supervisor Francis J~ Murphy. '- ' Justice Raymond W. EdWards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman.Jean W. Cochran Town Clerk Judi~th T. 'Ferry SUPERVIS°R MURPHY: I'd like to welcome everyone here .tonight. The., first order of business is a resolution, approving the audit of the bills'of Decembe~ 15~th.~ 1987. Moved by Councilman Penny, seconded by. Councilman Schondebare, itt'Was RESOLVED that-the following audited bills be-.and hereby are ordered I~aid: General Fund Whole Town bills~in the. amount of $41,3~8;0~; General Fund Part Town bills in the:amount of. $15,869.38; Highway DePartment bi'lis in, the amount of $1~, 003. 77 ; Fishers !sland Ferry District bills!:i~ the amoUn~ of $16~,,818.67; Fishers Island Sewer District bills' in the amount of $380.:99; Computer Capital Account bills in the amount of $7, 168.62; Supplemental Nutrition Assistance Program October bills in the amount of $1,788.20; Supplemental Nutrition Assistance Program November bills in the amount of $3,514. 65;' Adult Day Care Program bills in' the -amount of $2,783. 45; Brief Respite Program bills.in the amount of $468,00; Home Aide'Program bills in .the amou~nt of ' $2.,.163.03; Nutrition .Program .bills~ in the amount of $10,687.71. Vote of the Town B'oard: Ayes~ Councilman Penny, Councilman-Schondebare, Council- man 5toutenburgh, Justice Edwards,, Supervisor'Murphy. Abstain': Council~voman Cochran (abstained because.she did- not take part .in the. audit). This resolution'was declared duly ADOPTED. SUPERVISOR MURPHY: Next a resolution approving the minutes of the December 1st, 1.987, regular Town Board meeting. Moved by Councilwoman Cochran, seconded by Justice_Edwards, it was RESOLVED that the minutes of the Regular Southold Town Board Meeting held on December 1, 1987 be. and hereby are approved. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Co,ch'ran, Council- man Schondebare, 'Councilman Stoutenburgh, Justice Edwards, Supervisor MUrphy. This resolution-was declared duly ADOPTED. SUPERVI'SOR MURPHY: Next is a resolution setting the next meeting 'date for December 29th, 1987, 7:30 P.M.--I might add thal~this is the last meeting for our two~retiring Councilmen TOWN CLERK TERRY: SUPERVISOR MURPHY: We usually have that' at 3:00. Want it at 7:30 or at 3:00? It's the third meeting of the month Any problem in the. afternoon? COUNCILMAN SCHONDEBARE: The 29th is no problem. You want me to glove in on my last meeting and go back to an afternoon meeting? You want me to g~ve in? COUNCILWOMAN COCHRAN: Jay, you could do that for us. COUNCILMAN SCHONDEBARE: All right, the last one we'll go back to 3:00 o'~clock in the afternoon. Okay. As amended by Councilman Schondebare. SUPERVISOR MURPHY: And seconded by Paul Stoutenburgh? COUNCILMAN STOUTENBURGH: Yes, yes. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, December 29~ 1987, at the southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor~Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR. MURPHY: Okay, moving on ~ first item on the agenda are reports. These are all on file in the Town Clerk's Office for anyone who is interested. 1, Building Department's monthly report for 'November, 1987. 2. Southo]~] Town DOg Pound mo~th!y report for NOvember, -1,987. 3. Recreation Department.'s monthly report for November, 1987. 4. Town Justice EdWards monthly report 'foF ~ovember, 1987. 5. ToWn Clerk's monthly report for~November,'1987. 6. Scavenger WaSl~e Treatment Facility monthly report for November, 1987. .7. Town Justice Price monthly report for November~, 1987. 8. Town Trustees monthly report for-November, 1987. 9. ~a)SupervJsor's'monthly budget report for October, 1987. 9.(b)SuF report for November° 1987. 10. Town JUstic~ ~ y report foi- November, 1987. 11. Town of Southold 1987 Hard Clam See Rafting Planting Program, David Lessard, Marine Consultant. 12. Police Department"s monthly report for November, 1987. t3. . Councilmen's Reports. I would at this time to ask the Councilmen if they have anything further tor.,eport. On my right, George? COUNCILMAN PENNY: Just that I was I~resent at a Water Advisory meeting which Paul will probably follow-up on, and that was on the 7th. An interview for the Town Attorney on the 8th.- That seems to be about it. Thank you. SUPERVISOR MURPHY: Jay? COUNCILMAN 5CHONDEBARE: Nothing, Frank, thank you: SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH: ! had two nice occasions. On the December 6th - I was,at the American Legion and we celebrated the problems of Pearl Harbor, and then that evening I went down and they had the Christmas Tree li,qhtin_cl at the hospital, which was another nice event. Then we had this Water Advisory Comm-ittee· meeting on December 7th, which was a combined meeting of the Water Advisory Committee and .the Farmland Preservation Committee, and members of the DEC who are in land purchase to give some information as to how they went abeut,'it~ We also had Bob Villa, who is the President of the Farmland Committee, and also a member of the Water Advisory Committee, present a very elaborate map which showed a watershed area that the Water Advisory Committee have accepted. This area is approximately 500 feet south of the railroad track, extending on the west side of Mattituck, from the border of Riverhead and Laurel to I think it'S. Cox's Lane. Then it's about 1500 feet north of the railroad tracks to approximately-where the Lilco power line is. Then we skip the hamlet of Mattituck and start at Mill ~Lane in Mattituck in this area again 500 feet and the Lilco power line, all the way ,east to about Ackerly Pond Lane-.-a little past that to Greenport's pumping station. The hope is that this will be an area--overlay area on our Master Plan Map so that we'll be very particular what goes on in this area,_ because this has been determined to be the watershed area. If you think of land coming down it would then percolate into the ground and run north and south from this center line, a divide, and therefore nothing run into this area from the farmalnds and therefore there should be fairly pristine water under this area. We're meeting with the Planning Board this coming _ , Thursday, and we will then have a joint meeting with them to set up some perhaps rules and regulations. I think that's it, Frank.. SUPERVISOR MURPHY: Thank you, Paul. Jean? COUNCILWOMAN COCHRAN: Yes, I've had several meetings, in addition to affordable housing. Also I had the opportunity to take part in one: of the programs that the Recreation Center was providing as far as the trip to the Nassau Colliseum to see "Disney On Ice", and I just say that I had more fun, then the kids, but it was great watching the kids that went and the excitement when Mickey Mouse skated out on the ice. Also i would like to make note of a letter received from Gregory Blass, that the County Legislature has approved our Supported Work Project Program. This is f~r the handicapped--in the budget of '88, and that they have--he suggested that Mrs. cardona and her group reinforce the importance of this program to County Executive Michael LoGrande so that it is included in the final budget. Also I would like to take a moment to read a letter from Pe~l Katzenber~t. Unfortunately I wasn't aware that she was leaving in the beginning of December, but I think it's important in relation to the work that she has done by serving as Chairman of the Substance Abuse Committee, that the letter is entered into the record, and that the Board unanimously--the minutes show that the Board unanimously expresses their grateful appreciation to Mrs. Katzenberg for her contribution to the community. "Dear Jean: This is not an easy letter to write. I have always known that I could never live long enough to end substance abuse .in Southold Town, but I do believe i saw myself working at it right up to my end. Now I feel like a quitter because I've been persuaded that I should go.to a warmer climate for the winter months this year. DECEMBER 15, 1987 I, me, am getting a late ~tart on. December 17th. As President of CAST Bet,ty Price will call or write you soon-to, arrange for the next meeting in early';January. During the past three years I've had an amazing,' exciting, learning and working experience. F6r 57 years I have spent at leasl~ four months of the year. in Southold, and for the past 11 of these all 12 months. I thought I..knew my Town and. it's peo~)le well, but not so. N-eve~- had I imagined 'sUch an outpouring of community s~p~or~nd help. The Substance Abuse ~ommittee started with f~ur members in 197~. Since then more than 60 people have actually worked for it and/or on a committee for SL[bstance Abuse Awarene§s Weel~. Hundreds m6re,_ school~ Children lmaking posters or~ bumper stickers, writing essays, or playing games, i Citizens 0f al! ages as members of support civic gr')ups, r~iicli°u~ clr0u~Ds and l~e business` commUnitY~ .The PoliCe Department, s_chool administrators, vn and Village officials and staff, and the' press, know our efforts must continue and. that you will see ~ be around on or before APril 1st, '88 and I hope that~ as a part~t,mer I may work with you again. You,ye given a great deal of support' and I shall always be grateful. Ali go~d wishes for a joyous holiday and for a better than ever 1988. Ever fondly, peg.,, And I'm sure, the Board i°ins me in expressing their grateful appreCiati~n f~' the work that Peg did with the Substance Abuse Committee, and Judy, I would like.for her to get a copy of the minutes, please. Because she's left and we should have presented her with some recognition, Frank.' That',s it, thank you. SUPERVISOR MURPHY: Thank you, Jean. Ray? JUSTICE EDWARDS: Yes, a week ago yesterday Brad Burnham, President. of the Fishers Island Civic Association flew me over to Southold and we sat down with Supervisor Murphy, Henry Smith and Larry_ Penny, and we talked over the new Environmental Consultant's job on Fishers Island. Mr. Penny is comin~ over to the Island on Saturday .for a little brief'look around and to 9et associated w]ith his office over there, and transportation. After the first of the year Larry Penny is coming to the Island to meet with all the contractors and lust make himself known and.what his duties will be over there. Last Friday I had an opportunity to go to a breakfast over in. Niantic, Connecticut, put on by~ Northeast Util t¥,z and it's just an informational film for the local first selectmen and mayors of the towns su rounding the MHlstone Atomic Power Plants there, just to touch base with the people and 'let them know about this new informational film that is. available and then after that breakfast I had a personal three hour tour of Millstone 111, which is down-now for refueling, and it's a time that they can really take the people in and out of the plant and show them how it works and 'so forth and so on. ~ 'had been involved with Millstone I and II in putting in the telephone systems wa~, back when , and it's amazing the amount of 'work that they've done the~e in the ~ast ten years, and I can safely say that, all three_units have been very safely operating. for ten-or twelve years, beginning with Unit I, then .Unit II, and now Unit I11-. It's .quite. impressive. That's it, Frank, thank you. SUPERVISOR MURPHY: Thank .you, Ray. The only thing I~d like to add is I'm very happy to see it reported that the Suffolk Count.y Water Authority is ta~ing over Captain Kidd's Water District on a contract, I b~lieve, today, and will be taking it over officially very shortly. 11. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on the agenda, Public Notices. There are two. These are both posted on the Town Clerk's Bulletin Board. 1. U.S. Army Corps of EnElineers, notice of application of the Town of Shelter Island to install concrete fire ramps at West Neck & Menantic Creeks and South Ferry Basin, Shelter Island Sound. Comments by December 24, 1987. 2. New York State Department of Environmental Conservation~, notice of applica- tion of William F. Beal to construct a single family dwelling, sanitary system, garage and dri~e, New Suffolk Avenue, New Suffolk. Comments to the DEC by December 18, 1987. I!1. COMMUNICATIONS. SUPERVISOR MURPHY: item number II1, Communications, there are two of them. 1. Letter from Victor R. Westgate, Southold High School, thanking T~own Historian Antonia Booth for speaking ~o I~is Advanced Placement American History class. 2. Letter from The First Presbyterian Church, Southold, Lorna E. Tuthill, Elder, urging the Town's continued attention to the difficult problem of affordable hou si n g. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: There are two public hearings tonight at 8:00 and 8:05, so we'll move on to Resolutions. [8:00 P.M. - petition of Arthur V. Junge for- a change of zone at Cutchogue. 8:05 P.M. - petition of James L. Gray, Sr. for a change of zone at Cutchogue.) 457 DECEMBER 15, 1987 V. RESOLUTIONS. SUPERVISOR MURPHY: I'd like to iust make the comment on the Town Board's policy that you may address the Town Board at this time on any proposed resolutions that 'are on your agenda, and there will ,be a time after the resolutions and; the final reports of the Councilmen..to make ~ny other comments to the Town Board S I 11 ask at this time is there any~one who woul~ like to-comment to the '[own Board on.any Oft.be Proposed resolutions] On the left~ Cen~em? (:No response'.') If not, we'll move on,to the first r6solutio~..~nd it's a trailer permit application. 1.=Moved by Justice Edwards, seconded by Councilwoman, Cochran, it was RESOLVED that the Town Board Of the Town of Southold hereby grants Gerry L. Norton permits for the temporary location of two (2) single 'lam ly house trailers at his property on Kirkup Lane, Matti~tuck, while h~ ~econstructs his home which was dest~yed by fire; Said permit shall, expire six (6)months form this date. l.rVote of the Town Board: Ayes: Councilman Penny, Co. uncilwoman Cochran, ~0uncil-man Schondeba~e, COuncilman Stoutenburgh; Justice Edwards,' Supervisor Murphy. This.resolution was declared duly ADOPTEb. SUPERVISOR MURPHY: Number 2 is to authorize an advance payment for a bus trip. 2.-Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town'of Southold hereby- autho.~izes an advanced fee payment in the amount of $675.00-for the February 2, 1988 bus trip to the Nassau Coliseum to see the New York Islanders vs. the Ranqers hockey game (50 tickets ~ $13.50 each =-$675.00, check made payable to the Nas~sau Coliseum); said charge to be made to A7.320.4, Joint Youth, 1988 Budqet. 2.-Vote of the Town Board: Ayes: Coundlm~an Penny, Councilwoman C0~hran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is a trailer permit renewal for the Bauer .Farms on Route 48 in Peconic.. I offer that resolution. 3.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the application of Bauer Farms, Inc. for renewal of a single family house trailer permit, for trailer located off of the south side of County Route 48, 400 feet west of Peconic Lane, Peconic, New York, which permit expires on January 4, 1988, be and hereby is granted fbr a six (6) month period. 3.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is another six month trailer permit renewal for Maddie Miles on the Main Road in Mattituck. I offer that resolution. 4.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the application of Maddie Miles for the renewal of her sinclle family house trailer permit, for trailer located on private road (Hobson Drive), off of the north side of Main Road, Mattituck, which permit expires on December 22, 1987, be and hereby is granted for a six (6) month period. ~.-Vote of the Town Board: Ayes: Councilman Penny, Coun_cilwoman Cochran, Coun~il- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And number 5 is to execute an agreement. 5.-Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between George Kikkinos and the Town of Southold for a five (5) year lease of his black-topped parking area located on the west side of Peconic Lane, Peconic, said lease to commence on September 1, 1987 and end on the 31st day of August, 1992; total rent of $10.00 to be paid in full upon the execution of the lease. 5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man SchOndebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to accept a bid for the Nutrition Program of a 1988 Plymouth Voyager. I offer that resolution. 6.~-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mu]len Motors, Inc. for supplying the Nutrition Program with one (1) 1988 Plymouth Voyager at the bid price of $12, a,79.00 6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, CounCilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 45-8 DECEMBER '15, 1987 SUPERVISOR MURPHY: Number. 7 is a General Fund Whole Town~ 1987 Budget transfer. 7,-Moved by CoUncilwoman CoChran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the TQWn of Southold hereby authorizes the follow wit~ r987 Budget: From: A7320. '- $1,000.00 t nto: A70; ~, Contractual Expense $1; 000.00 to cover Printin costs for recreation department winter brochure. 7.-Vote of the Town Board': Ayes: Counci!hiAn Penny, Councilwoman Cochran, Council- man-Schondebare, Councilman Stoutenburgh, JustiCe Edwards, Supe.rvisor Murphy. This resolution was declared duly ADOPT~:D. ; SUPERVISOR MURPHY: NUmber 8 is anQther six month, trailer permit.renewal for John Tuthill, E]ijah's Lane, Mattituck.- 8.-Moved by' Supervisor Murphy; seconded by Justice Edwards, it was RESOLVED tl~at the application of John C. Tuthill for the reneWal of his single family house trailer permit, for trailer located on the east side of Elijah's Lane, Mattituck, which permit expires on January 19~ 1988, be and hereby is cjranted for a six (6) month period. ~. .. 8.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice-Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. ' SUPERVISOR MURPHY: Number 9 is to appoint Work/Study Clerks. 9.:Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town,. BOard of the._T~own of Southold hereby appoints Maureen Meehan as a Work/Study Clerk in the Office of the Town Clei-k, effective December 9, 1987, $5.00 per hour; and Sandra F. 'Berry as a Work/Study Clerk in the Account- in9 & Finance Department, effective December 10, .1987, $5.00 per hour. 9.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- -: man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor M~Jrphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to appoint Susan Fullan as a part-time Clerk Typist for the Nutrition Program. I offer that: resolution. 10.-Moved by Supervisor Murphy, seconded b.y Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Susan Fullan as a part-time Clerk Typist for the Nutrition Program, effective immediately, at a salary of $5.00 per hour, to replace Lori Kritzer who resigned as of November 3O, 1987. 10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man S. chondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 11 is a transfer of funds for the Fishers Island Ferry District. 11.-Moved by Ju'sticA Edwards, seconded by Councilwoman Cochran, it was RESOLVED that. the Town Board of the Town of Southold hereby authorizes the following transfer of funds within the Fishers Island Fer~ry District 1987 'Budget': From: [nto: Operation Ferry Theatre I ns urance Bonded Indebtedness Property Tax- New London Repairs Docks NYS Retirement Attorney F~es Payrolls Airport Social Security; $10,000.00 16,000.00 10.,000.00 677.86 249.88 14, 000. O0 7,784.00 '575. O0 $59, 286, 74 534, 000.00 22, 855.74 2,431. O0 $59,286.74 11.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Counci'l- man Schondebare, Councilman Stoutenbur'gh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is to authorize the Fishers Island Ferry District to encumber funds. DECEMBER 15, 1987 12.-Moved by Justice Edwards, seconded~ Cochran, it. was RESOLVED ~hat the Town Board of~ the Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry Distri, ct to encumber the follow- ing funds from ~their 1987 Budget: Calocerinos & Spina. Consulting Engineers $29,7~6.00 (Lump Sum contract l~or preparation of an Airport Layout Plan (ALP) for Elizabeth Field, Fisher~ Island, New York.) Thames Shipyard & RePair Co. (Drybodking MV Munnatawket - completed 12/4/87. ] 12.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh. Justice Edwards, Supervisor Murphy.~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is modifications to the General Fund Whole Town. 13.-Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold' hereby authorizes the ,f.(~llowing 1987 Budget modifications to the General Fund - Whole Town: To: A~110.1 Justices, Personal Services $19.. 000. 00 AI010.4 Town Board, Contractual Expenses 18,000.00 Al110.4 Justices, Contractual Expenses 1,500.00 A1320. 4 Independent Auditing, Contractual Expenses 1,950.00 A7180.1 Beaches, Personal Services 270.00 A7180.4 Beaches, Contractual Expenses 335.00 From: $41,055.00 A1355.1 Assessors, Personal Services $10,000.00 A1490.1 Town Attorney, Personal Services 2,800.00 A1220.4 Supervisor, Contractual Expenses 2,000.00 A1~10.2 Town Clerk, Equipment 2,000.00 A1410.4 Town Clerk, Contractual Expenses 5,000.00 'A1420.4 Town Attorney, Contractual Expenses 4,255.00 '~1355.4 Assessors, Contractual Expenses 2,000.00 A8030.4 Research, Contractual Expenses 10,000.00 A8090.4 Environmental Control, Contractual Expenses 3,000.00 $'41,055.00 13.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 14 is to grant the Administrative Assistant to the Planning Board, Diane Schultze, a one year leave of absence effective January 29th, 1988. [ offer that resolution. " l~.-Moved by Supervisor Murphy, seconded by Justice Edwards; it was RESOLVED that the Town Board of the Town of Southold hereby ~trants Administrative Assistant to the Plannin~t Board Diane M. Schultze a one-year leave of absence for health reasons, effective-January 19, 1988. 14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is a resolution releasing the $125,000 performance bond for roads and improvements in the subdivision of Sebastians Cove, Section II. I offer that resolution. 459 15.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby releases the $125,000.00 performance bond for roads and improvements in the subdivision of Sebastians Cove, Section 11, all in accordance with the recommendations of the Southold Town Planning Board, Superintendent. of Highways Jacobs, Sidney B. Bowne & Son, Consulting Engineers, and the Town Board Highway Committee. 15.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED; SUPERVISOR MURPHY: And Number 16 is to terminate services. 16.-Moved by Councilman Penny, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby terminates the services of Automatic Data Processin~t (ADP) for payroll processinq, effective January 1, 1988. 16.-Vote of the Town Board: Ayes: Councilma~ Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 17 is a grant application. DECEMBER 15. 1987 by Councilwoman Cochran, seconded by Councilman Stoutenburgh~ it Was RESOLVED that the Town Board of the Town of Southold hereby authoriZeS a'nd directs Supervisor Francis J. Murphy to submit an application to the New.Yo~k State D~partment of~ Environmental Conservation for 1987 Commercial Fisheries Assistance Program monies under the Municipal Sh~.ilfish Management Grants Program. Proposal: I1) Seed Clam PrQgram. (2) Water Qua~i1~y Study in Southold Town Waters. (3) ~Shellf~sh Transplant Program. 17.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared_duly ADOPTED. SUPERVISOR MURPHY~ Number 18 is to urge Suffolk County Executive-elect Pat Halpin to rethink his position on the TOwn Revenue Sharing part of the 1/% sales tax. I Offer that resolution. 18.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record urging Suffolk County Executive-elect Patrick G. Halpin ~to rethink his position On the Town Revenue Sharing part of the 114% s~les tax~ whereas Southold Town is in desperate need of~those funds for ~he purchase of water recharg~ areas. 18.-Vote of the Town Board: AyeS: Councilman Penny, Councilwoman Cochran, Council-man Schondebare, Councilman ~Stoutenburgh, Justice. Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: .Number 19 is a resolution releasing the $106,000.00 performance bond for roads and improvements in the subdivision of Paradise-By-The-Bay, Southold. I offer ~hat resolution. 19.-Moved by SuPervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the .Town Board of the Town of Southold hereby releases the $106~000.00 performance bond ~passbook) for roads and improvements in the sub- division of Paradise~by-the-Ba¥ at Southold, all in accordance with the recommendations of the Southoid Town Plannin~ Board, Superintendent of Highways Jacobs, Sidney B. Bowne & Son Inspector Raymond Dean, and the Town Board Highway Committee. 19.-Vote of the Town Board: Ayes: Councilman Penn~, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh~ Justice Edwards~ Supervisor Murphy. This resolution was declared duty ADOPTED. SUPERVISOR MURPHY: Number 20 is to accept a proposal. 20.-Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal, in the amount of $3~250~00, of E & A Environmental Consultants, Inc., whereby E & A will evaluate the eight vendor proposals for the Town's Solid Waste Management Program. 20.-Vote of the Town Board: Ayes: Councilman Penny¥ Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to authorize the advertising for resumes. 21 .-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for the provisional position of Clerk Typist for the $outhold Town Plann.ng Board, salary $150816.32 per annum. 21.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is a.determination of employment. 22.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RF_~OLVED by the Town Board of the Town of Southold that the position of the Executive Administrator of the Building Department has been determined to be an executive position and as such is now, and has been since, the enactment of the applicable provisions of the Federal Fair Labor Standards Act, exempt from the requirements for the payment of overtime or compensatory time, and be it further RESOLVED that a copy of this resolution be placed in the personnel file of.the Executive Administrator, and a copy be delivered to the Town Accountant. 22.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SIJPERVISOR MURPHY: Okay, at this time we have one special resdlution--we have a ~ew minutes before the public hearing starts, and it's a very sad one--it's a resolution of condolence to the family of Linda Graham, who helped and was very active in support and start-up of the Hospice Program that we have in Southold Town. It was a~tragic accident, a tragic loss to her family and to her many friends and to the Town, and after we pass this resolution ! would like then to have a moment of ~ilence. DECEMBER 15, 1987 461 23.-Moved by Supervisor Murphy, seconde~J~'b~'~t~i~e~.Entire Town Board., it. was RESOLVED that the Town Board of the TOwn of Southold. hereby expresses their sincere sympathy to the family of the late Linda Graham~ Co-founder of the Southold Town Hospice in Progress, who died trag!cally i'n an automobile accident on December 4, 1987. 23.-Vote of the Town Board: Ayes':' Councilr~a'n Penny, Councilwoman Cochran, Council- man Schondebare, Councilman StOutenburgh, Justice Edwards, Supervisor Mu. rphy. This resolution was declared duly ADOPTED. (A moment of silence was observed.) SUPERVISOR MURPHY: Okay, it's just about 8:00 o'clock. We have two public l~earings, and I would like a resolution to recess. Moved by Councilman Schondebare, seconded by Councilman Penny, it was RESOLVED that a recess be called at 8:00 P.M. for the purpose of holding two public ~: 8:00 P.M., - petition of Arthur V. Junge for a change of zone from "A" "- to "C" at Route 48, Cutchogue. 8:05 P.M. - petition of James L. Gray, Sr. for a change-of zone from "A" to "C" at Route 48, Cutchogue. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Jus:tice Edwards, Superviso~::.Mur~phy. This resolution was declared duly ADOPTED. Meeting reconvened at 8:10 P.M. SUPERVISOR MURPHY: I will reopen the regular Town Board meeting to ask if there is anyone in the audience who would like to comment to the Town Board? (No response.) I will ask the Councilmen if they have anything further to say? Ray ? JUSTICE EDWARDS: The only thing I want to put in 'the minutes is that I spoke with Town Attorney Frank Yakaboski in regards to our Fishers Island Garbage District and he said he is working on the project. I also checked in with the Accounting Department, this past week and the taxpayers will be surprised that: in 1988 they will be paying $63,000 for the use Of the Landfill and we have no way to get to it. So perhaps in 1988 the Garbage District in Southold will be formed eliminating the taxpayers on Fishers Isl!and from contributing to the Cutchogue Landfill. Thank you, ~Frank,.~.that's it. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Yes, I'd like to wish everyone a healthy and joyous holiday season and a very healthy 1988. SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH: SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: SUPERVISOR MURPHY: Okay. COUNCIl_MAN SCHONDEBARE: New Year. Nothing. Do we want to act on the change of.zones tonight? Do you want to comment? Well, I wish everyone a Merry Christmas, Happy Happy season. See you on the 29th at 3:00 o'clock. 24. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Merry Christmas everybody. Happy Holidays, and we'll wish you a Happy New Year at the next meeting~ SUPERVISOR MURPHY: Okay, also I would like to extend the same to everyone in Southold Town. Now, we have time and if you'd like, we could act on the two public hearings. Would someone like to make the resolution authorizing a change of zone on the Junge petition? -Moved by Councilman Penny, seconded by Councilman Schondebare, WHEREAS, Arthur V. Junge, by petition dated August 24, 1987, petition the Town Board of ~:he Town of SoUt-~-~ld for a change of zone on certain property situated at Cutchogue, Town of Southold, New Yor_k, from "A" Residential and Agricultural D'istrict. to "C" Light Industrial District, and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendation and report, and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 15th day of'December, 1987, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard, now, therefore, be it DECEMBER 15, 1987 ~ RESOLVED that Arthur V. Junge be and he hereby is granted the relief~demanded in said petition on. the following described property: Beginning at a point on the northwest;line of.Middle Road (CR48) 750 feet more or less southwesterly along said line from Cox's Lane, said point being .the southeast co~ner of the~ Premises herein described and the southwest corner of ot~er land of the party of the first part; running thence along the north~west line~fMicldle Road (CR48) South 25 degrees 52 minutes 30 seconds W~st, '168.17 feet~?~ land of Harris; running thence along said land North 60 degrees..§u; minutes 20 seconds West r 252.68 feet to land of the Town of Southold; running thence along said land Nortfi 23 degrees 14 mint~t~es 00 seconds East, 188.15 feet to land of the i~arty of the first part~ running thence along said land South 56 degrees 42 m~nutes 30 seconds East, 263.16 feet to the point or place of beginning. Containing within said bounds an area of 1.04;' acres. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: No. It conforms to the Master Plan, what we've discussed and what we've had and God knows we went over that ~any times. SUPERVISOR MURPHY: And just as a point of information, on these two proposals, and the rest of the land on the Landf. ll--these w.ll be taken out of our Water Shed Protection Area on a map that's being draWn up so there will not be a haSsel on these, and any properties around the Landfill~ ~ , 24.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- 'r man Schondebare, Councilman Stoutenburgh, 'Justice EdWards, Supervisor Mu phy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: petition. Okay, Number 25 would be a resolution on the James Gray SUPERVISOR MURPHY: Any questions on it? COUNCILMAN SCHONDEBARE: Likewise that this petition--ditto what I s~id in my prior remarks in the last petition. 25.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Thank you, it will make our agenda much lighter On the 29th for you guys--poor guys who are leaving? COUNCILMAN SCHONDEBARE: Aide we going to have a' little cake, coffee? COUNCILMAN PENNY: Where are you taking us for dinner, Jay? COUNCILMAN SCHONDEBARE: Where am I taking you for dinner? All right, I'll bring the champagne. SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-agenda. i again ~ thank everyone for coming out tonight. Anyone want to say anything~urther now? (No response.) Okay, a motion to adjourn is in order. 25.-Moved by Councilwoman Cochran, seconded by Councilman Penny, WHEREAS, James L. Gray, Sr., by petition dated August 26, 1987, petitioned the Town Board o,~ the Town of Southold for.a chan~e of zone on certain property.situated at Cuchogue, Town of Southold, New York, from "A" Residential and A~ric~iltural District to "C" Light Industrial District, and WHERES, the sai~ petition was referred to. the SoutholdTown Planning Board and the Suffolk County Department of Planning for' Official recommendat on ao.d report~and,., WHEREAS, the Town F~oard, pursuant t'o due notice, held a public hearing ~t~ereon ~ on the 15th day of December~ 1987, at 8:05 P.M., ~t which time all interested person~ were given an ~pportunity to be heard, now, therefore, be it ~ RESOLVED that James L. Gray, Sr.-be and he hereby is granted the relief demanded in said petition on the following described property: Beginning at a point on the northwest line of Middle Road (CR48) 600 feet more or less southwesterly along said line from Cox's Lane, said point being the southeast corner, of the premises herein described and the southwest corner of land of Pietrewicz; running thence along the northwesterly line of Middle Road (CR48) S.outh 25 degrees 52 minutes 33 seconds West 150 feet to land now or formerly of H. P. Wickham; running thence North 56 degrees 42 minutes 33 seconds West 263.16 feet to land of the Town of Southold; running thence along said land and land of Pietrewicz North 23 degrees 14 minutes Est 150.0 feet; running thence still along land of Pietrewicz South 56 degrees 55 minutes 50 seconds East 270.0 feet to the point or place of beginning. Containing within said bounds an area of 0.907 acre. Moved by Councilman Schondebare, seconded 'by Councilwoman Cochran, it .was RESOLVED that this Town Board meeting be and hereby/ is adjourned at 8:15 P.M. Vote of the Town Board: Ay.es:.~ Councilman Penny, Councilwoman Cochran, Council- man Schondebare, CounCilman S[outenbu:t~:gho Justice Edwards, Supervisor Murphy. This resolution was declared' duly ADOPTED. TJ Southold Town