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HomeMy WebLinkAboutTB-01/21/1986263 $OUTHOLD TOWN BOARD JANUARY. 21, 1986, WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A. Schondebare, CouncilWoman Jean W. Cochran, Councilman George L. Penny IV, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker (9:45 AM). 9:00 A.M. -The Board met with Assessor Chairman Frederick Gordon to discuss right- of-ways and ownership:of roads as they appear on the tax rolls. Mr. Gordon stated he will attempt to set down a procedure with the help of Town Attorney Tasker. 9:30 A.M. - W. Perry Hukill, President of the Board of Trustees, Floyd Memorial Library, Greenport, met with the Board to discuss the library's request for $3,500 funding to continue their programs at the Nutrition and Elderly Day Care Center, Greenport. The Board agreed to advance the funds from the General Fund, with reimbursement from the Community Development Year XII funds when they are received in April or May. EXECUTIVE SESSION 9:40 A.M. - The Board met with Village Trustee David Kapell and Villaqe Police Chief Robert Walden for the purpose of negotiating the police radio contract between the Village and Town. 9:50 A.M. - Audit of outstanding vouchers. 10:00 A.M. - Members of the Orient Association: Freddie Wachaberger, spokesperson, Gertrude Reeves, A,rthur Tyrrell of the Baymen's Association, Trustee President Henry P. Smith, Conservation Advisory Council Chairman Martin Garrell, and members J, eanne Marriner and John Tuthill, appeared before the Board to discuss the proposed designation of the Hallock's Bay area as a Critical Area as defined by the NYSDEC in their SEQR regulations. The Trustees are in support of the designation, however, Trustee President Smith feels there are other areas in the Town equally significant. CAC Chairman Garrell stated Hallock's bay is a typical area and most actions have a significant impact and Type i actions should be automatic.' CAC member Tuthill suggested establishing agreements with property owners surrounding Hallock's Bay, and NFEC President Ruth Oliva suggested guidelines for bUilders and developers. The Board emphasized that a critical area designation would not prevent building, but would be required to meet the criteria established. Councilman Stoutenburgh agreed to call a meeting of the Trustees and CAC and work With Town Attorney Tasker to draw up the designation criteria, after which a public hearing will be held. 10:30 A.M. - Conservation Advisory Council Chairman Martin Garrell thanked the Board to placing additional funds in the 1986 Budget to enable the Council to under- take additional responsibilities. He reported on the Long Island Sound Study group and plans for a joint meeting with the DEC and CAC. 10:40 A.M. - John Wickham, Cutchogue, appeared before the Board to discuss the former Satterly Boatyard property on the east side of Mattituck Inlet, of which he is a part owner. Mr. Wickham preferred to read from a prepared statement to avoid misunderstanding: "For all the thirl~y years I've been in planning, salt water recrea- tion and access to salt water has given the highest priority for the Town and County. However, within the year the New York State Department of Environmental Conservation has started procee~lings on the last substantial area still available for small boat access to Long Island Sound in order to keep it "forever wild." I refer to the former Satterly Boatyard property on the east side of Mattituck Inlet of which I am part owner. This property of 9+ acres has about 3 acres of upland, 500 feet of highway frontage, 800+ feet of Inlet frontage, and about the same on a dredged'canal. The wetlands are 264 JANUARY 21, 1986 contaminated. I have protested to the D.E.C. both here and at Ablany, stating that with the development of the potato fields to the east of the Inlet there will be a very real need for boat access to the Sound. They felt it more important to increase the size of their holdings across the canal to the north. I believe the D.E.C. did not consult any agency in the Town. They did look at the Zoning Map and talk to one member of the Planning Board. We expect to contest in the Court of Claims at Albany, since their maps are badly in error and thus their appraisal is not realistic. Also, it is of note that their current offer amounts to over $5000 per acre of net wetlands. We would expect the Court of Claims to grant a higher figure due to mapping error. Whatever it turns out to be will establish wetlands value. Since I helped the D.E.C. value much of other Wetlands which they hope to preserve I know that this is very 'much more than they expect to pay and will seriously limit further purchases. I might add that I own considerable wetlands which both they and I feel should be protected. They are uncontaminated. As a means of resolving this problem we are offering the Town a five-year option on this property for $100. If the option is exercised the price cannot exceed $150,000. (A lot in the adjacent subdivision costs $125,000.) If this option is accepted today, the D.E.C. must, I believe, consider the interests of the Town of Southold. In short, we feel that the Town has been by-passed in this matter and decisions have been made in Albany and Stony Brook without consideration for the needs of Southold Town." ..... The Board agreed to discuss this offer further in Executive Session and respond to Mr. Wickham before the end of the day. 10:50 A.M. - John Poland, American Medical Alert Corp., Oceanside, New York, met with the Board and demonstrated the "Voice of Help", a 2-way personal emergency response system, which provides 24-hour security through the telephone. Mr. Poland advised the Board the cost of the device is $449.00 for up to 25 purchased, which includes a transceiver and signaling device; initial' installation is $75.00; with a $12.50 monthly monitor~ing fee. Mr. Poland,was requested to submit 'a written proposal. 11:15 A.M. - Annette Knoblock, representinq J. Royal Gifford, and a delegation of members of the North Fork Animal Welfare League, Inc. appeared before the Board to discuss the condition of the Dog Pound and' proposed construction of two new buildings. Mrs. Knoblock read the following prepared statement: "SubstitUting for Mr. J. Royal Gifford who has been hospitalized, my name is ~Annette Knoblock, a member of the North Fork Animal Welfare League. Some members are with us today.~ We call to your attention that no progress has been made on the construction of two!il small concrete block buildings at the Southold Town Shelter in Peconic, despite a resolution by the~ Town Board on October 22, 1985, ording construction begin with a target date for completion prior to the beginning of w~nter. S~nce October 22nd, we, have lost three months of good mild weather. Recent cold spells have again produced uncomfortable and even brutal conditions in the original, archaic structure, affecting both workers and animals -- a repeat of the 1984/85 winter situatioh. Honestly, the working conditions in this building are terrible under any climate. I remind the Board that the New York State. Department~of Agriculture in 1984 declared this ~original build- ing unfit, not meeting standards. Apparently, we have not learned our lesson: cheap just doesn't pay! Specifically, the second structure which was built last year has never been complete!y finished and parts of it 'are already in need of repair. Cheap construction means doors fall off their :hinges, latches on the dog cages do not work. There is only one double outiel in the whole building. The pitch of the cement runs is not enough to provide for efficient cleansing, "hosing down", a serious health problem in any kennel. Painting inside is not completed. No provision has been made for segregation of sick animais. Although it has heating, the building is so cold an electric heater is perched there. The two new structures, planned to have been completed by the winter of 1985., woui~J provide an archeaoligist with delight: they may be located by 2 cement floors poured in the ground, a partial cement block wall on ¼ of a side and, in the. manner of artifacts, there is material such as cement blocks, cement, lumber lying all over the ground. Expensive windows are stacked, one against the other, covered with plastic.' Incidentally, I understand that there was only minimal "after the fact" involvement in developing the plans for these buildings. It is probable that mistakes would have been avoided if the shelter workers had had some input bef~e the plans were finalized. It is safe to assume that this 'problem of caring for aband~ a.nd lost, ani.m, als. wil! not diminish -- rather it will~increase and multiply and it will a~ways De w~th us l.ke garbage, land use and water purity. We have to handle the problem. The North Fork Animal Welfare League wishes to register its concern and plea that definite action be taken to complete the new structures. We wish to go on record today that we are ready tow ork with you on this problem in any capacity -- that we are ready to cooperate in 'any way you see fit, to get these buildings built. Plesae help us." Members of the League in the audience called the situation inhumane. Councilman Penny, 'Town Board Committee Chairman for the Dog Pound, called a meeting at the Dog Pound for 2:00 P.M., Wendesday, January 22, 1986. 11:35 A.M. - Community Development Administrator James McMahon met with the Board to discuss the Clam/Scallop Seed Program. 11:45 A.M. - For Discussion Items: (1) Response ~rom the Town of Riverhead trans- mitting a copy of their Chapter 18, "Code of Ethics." It was determined that the 265 JANUARy 21, 1986 Southold Code of Ethics"iand the T~i?~n,~;.La~.:~coYered.~mo t of the provisions which were of concern to the Town Board. [2) Request of John C. Tsunis, on behalf of "280 North Road" for a waiver under Local Law No. 14 - 1985. Mr. Tsunis will be requested to appear before the Board at their February 4th Work Session to further discuss his request. (3) Request of William J. Mills & Co. for a waiver under Local Law No. 14 - 1985--see resolution No. 26. (4) Request of Fishers Pequot Associates for a waiver under Local Law No. 14 - 1985. It was determined the renovations of the Pequot began prior to the moratorium and a waiver is not required. (5) Letter from John Thatcher, Jr., CoChairman of the Fishers Island Mosquito Control Committee requesting the Town to contribute $7,000 to their Mosquito Control Program. Supervisor Murphy with speak with Dr. Harris of the County Department of Health Services to see the $4,000 funding can be reinstated for 1986. (6) Letter from the Board of Appeals asking for a clarifibation of the waiver granted to Edmund and Joan Pressler on October 8, 1985 with respect to the second floor of their 'building in question being used for "apartment purposes". It was the determination of the Board after reviewing the file' that it was the Town Board's intention to permit'~n apartment" on the second floor of the premises. (7) Letter from the Suffolk County District Attorney requesting the Town Board to reaffirm their appointments of Special Council for the Town (see resolution No. 28). (8) John Wickham's letter, which was discussed at 10:40 A.M.--which will be considered in Executive Session later in the day (see 4:20 P.M. following the Regular Meeting). (9) Request of C. Thorp Construction to transfer his $100.00 disPosal permit to two pick-up trucks - $25.00 each. Board agreed. (10) Request of Andrew E. Goodalefor a waiver under Local Law No. 14 - 1985. Mr. Goodale will be requested to appear before the Board at their~February 4th Work Session to further discuss his request. 12:55 P.M. - Recess for lunch. 2:10 P.M. - Work Session reconvened and the Board revieWed the resolutions to be considered at the Regular Meeting. 3:00 P.M. - Work Session adjourned. · REGULAR MEETING 3:00 P.M. A Regular Meetinq of the Southold Town Board was held on Tuesday, January 21, 1986., at the Southold Town Hall, Main Roadr Southold, New York. Supervisor Murphy opened the meeting at 3:00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: The first order of business today, l'd like a resolution approving the audit of the bills of January 21st, 1986. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $17,804.26; General Fund Part Town bills in the amount of $4,2~3.73; Highway Department bills in the amount of $31, ~96. 07; Fishers Island Ferry District bills in the amount of $5,332.99; Southold Waterwater Treatment Plant bills in the amount of $22,723.48. 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: Next a resolution approving the January 7th, 1986 minutes. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was RESOLVED that the minutes of the January 7, 1986. Reqular Meetinq of the Southold Town Board be and hereby are approved. 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: Next is a resolution setting the next meeting as February 4, 1986, 7:30 P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the next Regular Meeting of the Southold Town Board will'be held at 7:30 P.M., Tuesday, February 4, .19~6,, 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: Moving on to the first item on your agenda is 'Reports. These reports are all on file' in the Town Clerk's Office if anyone would like to see them. 1.a. North Fork Animal Welfare League, Inc. - monthly report for December 1985:. 1.b. NYS Department of Agriculture & Markets, Bureau of Dog Identification & Control, Municipal Compliance Report - January 13, 1986:. 2. Town Justice Tedeschi - monthly report for December 1985:. 3. Town Justice Edwards - monthly report for December 1985.. 4. Southold Town Police Department - monthly report for December 1985.. 5. I'd like to ask now, starting on my right with Councilman Penny, is ~there any report? COUNCILMAN PENNY: No, not at this time, outside of just what we had to do about the Dog Pound. We're going to start working on that tomorrow. SUPERVISOR MURPHY: Thank you. Good luck. Jay? COUNCILMAN SCHONDEBARE: We had a Beaches and Parks meeting, but I'll allow Councilman Stoutenburgh, I believe is the Chairman of that, so he'll report on that. SUPERVISOR MURPHY: Paul? COUNCII~MAN STOUTENBURGH: Yes, we did have a meetinc~ of Parks and Beaches in which we're trying to set up our program for the coming year. Hopefully we'll have full lifeguards on our beaches right up to closing. As you recall last year we had to close our beaches early because we didn't have sufficient lifeguards. We're hoping to start a new program incorporating all schools, Greenport, Southold and Mattituck 'schools, in'a winter program of training so that we'll have young people trained for this very program, and it's well on its way. We're going to have another meeting on February 11th at which we will then do a little more finalizing on our plans. Jean Cochran, who is 'also one of our members, and I think we have a good committee that will'see this through. I also attended a Critical Habitat meeting the Conservation Advisory Council and also the Town Trustees, Jay Bredemeyer representing them, and this is to set up certain criteria for the State so that when they set up a program of waterfront revitalization they have certain areas that are very critical and they had presented a list and that list left out a lot of the shell- fish areas and so the Baymen, who I might add were also involved in this, and the Trustees and the Conservation Advisory Council have revamped their~list and will be presenting it to this Town Board at our next meeting for adoption. Farmland Preservation Committee, I am on that now and seeing Joe isn,t here--although he was at the meeting, I was glad to see he didn't drop out completely, and we're well moving on hopefully. The County has just sent a letter to our Farmland people and said that they will'look into any of the excess farmlands that the Town is not going to pick up. The Town hopefully had nine parcels, of which seven were solid; In other words they have acceptance on seven of them. They had surveys on four of them and three still to go. Bob, have you received any surveys as yet? TOWN ATTORNEY TASKER: Not yet. I keep being promised every day. COUNCILMAN STOUTENBURGH: Well, I called Mr. Van Tuyl up and he said he would send them to you last week, so I can see I'll do a little more telephoning. TOWN ATTORNEY TASKER: You're the third person he's told that to. COUNCILMAN STOUTENBURGH: Yes, okay, well, we'll have to go down personally and see him. That's about all I have, Frank. SUPERVISOR MURPHY: Thank you, Paul. Jean? COUNCILWOMAN COCHRAN: Yes, I attended the meeting as Paul reported. Very happily, ma~, I say, Paul. Also a meeting of the Housinc~ Advisory Committee, and they're still continuing work on the affordable housing guidelines, which should be coming through shortly. Also, along with Councilman Penny, ! attended the press conference of the Citizens to Replace LILCO. As many of you have read in'the paper Maurice Barbash is chairing this committee and the two things they're seeking, or trying to make happen, is the State Legislature to pass legislation fo~ the creati~)n of a Long Island Power Authori~¥,;~end~the~,~.other~,~is' to put a stop to Shoreham. But it 'was interesting tha~ i~o date t~'~'~-w~'e-"~$ixty-tWo public officials--some from State, many from Suffolk, and a limited amount from Nassau, and they were going to try to encourage more Nassau officials to add their support to this group, it was his feeling that the legislation had a good chance of passing the Assembly this coming year. So it's going to be an interesting issue to keep our eyes on. That's it. SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards? JUSTICE EDWARDS: The only thing Pd like to mention, Frank, is the people on Fishers Island are looking forward to the appearance of some of the Town Board over there nex[ Saturday for, I guess you can call it, the be~linnin~t of the hamlet meetin~ls on the Master Plan. That's it, Frank. Thank you. SUPERVISOR MURPHY: Thank you. At this time I would like a resolutior~ to recess to have the public hearing that's scheduled at 3:30 today (East-West Fire Protection District contract). Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of holding a public hearing on the proposed East-West Fire Protection District contract with the Village of Greenport. 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. Meeting reconvened at 3:35 P.M. SUPERVISOR MURPHY: Okay, I would just like to comment on the Supervisor that there will be a presentation to the Town Board and to any interested citizens and Town Board members, any public official's from around here, on the new type of di~lester system that has great potential for our Landfill; We are going to invite many people to listen to the presentation and hopefully this might be one of our answers to solving many problems with the future. COUNCILMAN STOUTENBURGH: Frank, have you suggested this meeting to the State so in case there was someone who missed that presentation they might want to send someone down. SUPERVISOR MURPHY: Harold Berger knows about it and he will be told. I'll ask him to come, as well as the Farm Bureau, the Extension Service. RUTH OLIVA: Frank, you didn't give a date. SUPERVISOR MURPHY: It will be Tuesday, a week from today, at 9:30 - January 28th. II. PUBLIC NOTICES. SUPERVISOR MURPHY: The second item on your agenda, Public Notices. 1. U. S. Army Corps of Engineers, New York District, Public Information Announcement. The Department of the Army has realigned the regulatory boundaries of the Corps of Engineers Districts within-the State of New York. Transfer of regulatory powers is immediate. 2. New York State Department of Environmental Conservation, Notice of Complete Application of Herbert Greenfield to construct approximately 208 linear feet of new timber bulkhead; add 6 ft. return and dredge along new bulkhead. Little Peconic Bay Southold. Written comments to the DEC by January 31st, 1986. 3. New York State Department of Environmental Conservation, Notice of Complete Application~ of Bei×edon Estate Property Owners, c/o John Nickles, to dredge inlet and place spoils in area of shoals and mudflats and area of adjacent area to create a beach area. Pettys Pond, Southold. Written comments to the DEC by January 31st, 1986. Iii. COMMUNICATIONS. SUPERVISOR MURPHY: Moving on to Item No. III on your agenda is Communications. 1. From the Mattituck Chamber of Commerce asking all public officials and any members of the public who would like to attend a dedication of the parking lot in Mattituck for Ray Dean. It will be held Wednesday, January 22nd, 12 Noon in Mattituck. 2.a. Letter from Senator Michael J. Tully, Jr. concerning approval of a comp- rehensive measure to address the municipal and school district insurance liability crisis facincj localities. This Town, as well as the Supervisors Association, have already commented on this and have worked along with him, and we will support it again: 2.b. Letter from Senator Kenneth P. LaValle regarding tort reforms regarding municipal corporations, school districts and fire districts, and a copy of the Senate Bill 6769 dealing with this issue. 3. Letter from the North Fork Animal Welfare League, Inc., and we heard from several board members this morning and 'discussed the condition of the Animal Shelter buildings in'Peconic. The Town Board is very much aware of it 'and we are trying to solve the problem, along with our Highway Superintendent. V. RESOLUTIONS. SUPERVISOR MURPHY: We've had our public:hearing. Moving on to Item number V on your ,agenda, Resolutions. The first one is ~to authorize the Town Clerk to go to bid; Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby'authorizes and directs the Town Clerk to advertise for bids for the purchase of six' (6) new 1986 Special Police automobiles, with a trade-in of five (5) vehicles, for the Southold Town Police Department. 1.-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 2 is to authorize a cluster concept. 2. Moved by CouncilWoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold has considered the property of Bayview Development Corp., entitled "Breeze¥ Shores", located at Greenport, New York, and hereby authorizes the Planning Board to consider said property as being developed in the Cluster Concept. Said property is bounded and described as follows: Parcel ! ALL that certain plot, piece, or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, County of Suffolk and State of I~ew York, being more particularly bounded and described as follows: BEGINNING at a monument set on the easterly side of Main:Road (N.Y.S. Route 25) where the same is intersected by the northerly line of lands as shown on Subdivision of Southold Shores, Suffolk County, file' map number 3853; RUNNING THENCE along the easterly side of Main Road the following four courses and distances: (1) North 15 degrees 13 minutes 47 seconds east 127.90 feet to a point; (2) North 7 degrees 21 minutes 28 seconds east 677.17 feet to a point; (3) North 12 degrees 23 minutes 13 seconds east 376.45 feet to a point; and (4) North 7 degrees 21 minutes 28 seconds east 165.76 feet to a point; RUNNING THENCE along the southeasterly line of lands now or formerly of Long Island Railroad north 42 degrees 20 minutes 23 seconds east 442.74 feet to a point; RUNNING THENCE along the southwesterly line of lands now or formerly of James Posillico, Posillico Construction Co. Inc., Anesthesia Group and Alexander McBride the following four courses and distances: (1) South 45 degrees 21 minutes 46 seconds east 205.42 feet to a point; (2) South 55 degrees 49 minutes 26 seconds east 2735.76 feet to a monument; (3) South 39 degrees 35 minutes 10 seconds east 1326.69 feet to a monument; and (4) South 39 degrees 35 minutes 10 seconds east 232.72 feet to the approximate high water mark of Shelter Island Sound; RUNNING THENCE along the approximate high water mark of Shelter Island Sound the following five tie line courses and distances: (1) South 81 degrees 29 minutes 38 seconds west 21.81 feet; (2) North 74 degrees 33 minutes 18 seconds west 51.30 feet; (3) North 66 degrees 24 minutes 48 seconds west 47.68 feet; (4) North 70 degrees 42 minutes 04 seconds west 96.13 feet; and (5} South 89 degrees 20 minutes 28 seconds west 70.96 feet to a point; RUNNING THENCE along a wood bulkhead the ~following nine courses and distances: (1) South 31 degrees 18 minutes 45 seconds west 11.31 feet to a point; (2) North 64 degrees 40 minutes 01 seconds west 197.34 feet to a point; (3) North 64 degrees 37 minutes 42 seconds west 380.06 feet to a point; (4) North 64 degrees 32 minutes 31 seconds west 289.24 feet to a point; (5) South 76 degrees 09 minutes 50 seconds west 43.85 feet to a point; (6) North 64 deqrees 27 minut[~s 27 seconds west 220.43 feet to a point; (7) North 17 degrees 10 m~nutes 37 seconds west 36.68 feet to a point; (8) North 68 degrees 17 minutes 05 seconds west 308.25 feet to a point; and (9) North 35 degrees 02 minutes 49 seconds east 43.24 feet to a point; RUNNING THENCE along the approximate high water mark of Shelter Island Sound and the "Basin" the following eighteen tie line courses and distances: (1) North 69 degrees 08 minutes 00 seconds east 37.16 feet to a point; (2) North 83 degrees 44 minutes 97 seconds east 22.45 feet to a point; (3) North 45 degrees 28 minutes 13 seconds east 22.99 feet to a point; (4) North 1 degree 13 minutes 46 seconds east 54.52 feet to a point; (5) North 18 degrees 28 minutes 55 seconds west 178.54 feet to a point; (6) North 31 degrees 30 minutes 56 seconds west 40.19 feet to a point; (7) North 67 deg~es 19 minutes 26 seconds west 36.31 feet to a point; (8) South 70 degrees 40 minutes 38 seconds west 37.59 feet to a point; (9) South 27 degrees 53 minutes 33 seconds west 29.58 feet to a point; (10) South 0 degrees 16 minutes 23 seconds west 73.63 feet to a point; (11) South 4 degrees 51 minutes 27 seconds west 146.85 feet to a point; (12) South 3 degrees 07 minutes 36 seconds west 168..58 feet to a point; (13) South 36 degrees 26 minutes 28 Seconds east 25.57 feet to a point; (14) South 7._degrees 04 minutes 51 seconds west 109.75 feet to a point; (15) North 49 degrees · ' 269 JANUARY 21, 1986 17 minutes 24 seconds west 40,! 3, ~:;~-f e~.,~,~ .~-~t;Q'~ a:~ ~_~,,p~f~, ,~°int;-~ ~- :, .(~6)':-, :- North 2 degrees 15 minutes 32 seconds east 31.60 f~et to po~!?~,t~],~'Ni~rtl~ 48 'degrees 14 minutes 49 seconds west 61.23 feet to a point; (18) North 57 degrees 36 minutes 28 seconds west 32.07 feet to a point; RUNNING THENCE along the easterly and northerly lines of lands now or formerly of Howard and Dorothy Zehner the following two-courses and distances: (1) North 4 degrees 11 minutes 12 seconds east 771.06 feet to a point; and (2) North 80 degrees 27 minutes 08 seconds west 453.84 feet to a point; RUNNING THENCE along lands now or formerly of William Kilian, Joseph and Marie Knizak, Joseph and Rose Zuda and Murray and Selma Jacobs the following five courses and distances: (1) North 7 degrees 43 minutes 02 seconds east 35.83 feet to a point; (2) North 6~ degrees 29 minutes 58 seconds west 239.75 feet to a point; (3) North 76 degrees 56 minutes 38 seconds west 154.13 feet to a point; (4) North 77 degrees 56 minutes 38 seconds west 218 feet to a point; and (5) South 12 degrees 03 minutes 32 seconds west 106.19 feet to the approximate high water mark of the "Basin"; RUNNING THENCE along the approximate high water mark of the "Basin" the following twenty-three tie line courses and distances: (1) North 53 degrees 30 minutes 11 seconds west 32.97 feet to a point; (2) North 81 degrees 39 minutes 02 seconds west 91.68 feet to a point; (3) North 69 degrees 06 minutes 55 seconds west 144.84 feet to a point; (4) South 77 degrees 32 minutes 28 seconds west 85,62 feet to a point; (5) North 84 degrees 55 minutes 15 seconds west 46.29 feet to a point (6) North 65 degrees 57 minutes 15 seconds west 61.09 feet to a point; (7) South 78 degrees 51 minutes 55 seconds west 90.31 feet to a point; (8) South 25 degrees 15 minutes 03 seconds west 96.05 feet to a point; (9) South 3 degrees 18 minutes 30 seconds west 107.58 feet to a point; (10) South 14 degrees 30 minutes 58 seconds west 42.56 feet to a point; (1 I) South 1 degree 29 minutes 18 seconds west 51.75 feet to a point; (12) South 31 degrees 47 minutes 24 seconds east 55.37 feet to a point; (13) South 54 degrees 31 minutes 33 seconds east 43.32 feet to a point; (14) South 70 degrees 35 minutes 52 seconds east 58.24 feet to a point; (15).South 44 degrees 03 minUtes 17 seconds east 47.42 feet to a point; (16) South 38 degrees 03 minutes 53 seconds esat 46.81 feet to a point; (17) South 74 degrees 21 minutes 02 seconds east 56.14 feet to a point; (18) South 40 degrees 51 minutes 45 seconds east 62.14 feet to a point; (19) South 35 degrees 14 minUtes 07 seconds east 64.61 feet to a point; (20) South 20 degrees 47 minutes 59 seconds east 18.09 feet to a point; (21) South 79 degrees 55 minutes 17 seconds east ,47.45 feet to a point; and (23) North 76 degrees 27 minutes 07 seconds west 17.63 feet to a point; RUNNING THENCE.ialong the notherly line of lands shown on subdivision "Southold Shores" filed map number 3853 north 76 degrees 27 minutes 34 seconds west and through a monument 945.33 feet to the easterly side of Main Road (N.Y.S. Route 25) at the point or place of BEGINNING. Parcel II ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the north- easterly corner of the herein described premises where same intersects the southeasterly corner of lands now or formerly of John H. Mulholland; RUNNING THENCE along the approximate high water mark of Shelter Island Sound and the "Creek" the following twenty-five courses and distances: (1) South 59 degrees 14 minutes 34 seconds west 49.84 feet to a point; (2) South 87 degrees 14 minutes 26 seconds west 60.42 feet to a point; (3) North 77 degrees 03 minutes 09 seconds west 78..38 feet to a point; (4) North 71 degrees 42 minutes 05 seconds west 167.77 feet to a point; (5) North 73 degrees 51 minutes 08 seconds west 141.22 feet to a point; (6) North 68 degrees 04 minutes 00 seconds west 237 feet to a point; (7) North 61 degrees 2,1 minutes 05 seconds west 198.05 feet to a point; (8) North 42 degrees 14 minutes 52 seconds west 90 feet to a point; (9) North 26 degrees 01 minutes 22 seconds east 86.77 feet to a point; (10) South 1 degree 13 minutes 04 seconds east 83.96 feet to a point; (11) South 33 degrees 35 minutes 08 seconds east 54.07 feet to a point; (12) North 57 degrees 10 minutes 41 seconds east 46.76 feet to a point; (13) South 5 degrees 15 minutes 25 seconds west 45.15 feet to a point; (14) South 52 degrees 29 minutes 59 seconds east 27.25 feet to a point; [15) North 79 degrees 35 minutes 04 seconds east 112.08 feet to a point; (16) South 19 degrees 14 minutes 31 seconds east 95.11 feet to a point; (17) South 66 degrees 43 minutes 36 seconds east 22.49 feet to a point; (18) North 15 degree~ 33 minutes 07 seconds east 97.79 feet to a point; (19) North 35 degrees 59 minutes 31 seconds east 35.54 feet to a point; (20) South 76 degrees 46 minutes 24 seconds east 91.98 feet to a point; (21) South 14 degrees 31 minutes 40 seconds east 68.49 feet to a point; (22) South 36 degrees 35 minutes 53 seconds east 84.30 feet to a point; (23) South 74 degrees 10 minutes 59 seconds east 72.31 feet to a point; (24) North 80 degree~ 47 minutes 59 seconds east 80.62 feet to a point; and (25) South 58 degrees 18 minutes 46 seconds east 206.98 feet to the southwest corner of lands now or formerly of John H. Mulholland; RUNNING THENCE along the southerly line of lands now or formerly of John J. Muiholland south 80 degrees 36 minutes 55 seconds east 112.80 feet to the point or place of BEGINNING. 2.-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 3 is to rescind a previous resolution. 3. Moved by Coucilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds the appoint- 270 JANUARY 21, 1986 merits of Marclaret Terry, Attendance Officer for New Suffolk School, and N. Paul Buscemi, Attendance Officer for Laurel School, as reflected in their Resolution No. 26 of January 3, 1986. 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 to appoint School Attendance Officers in the two schools. Moved by Councilman Penny, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia Wall, Superintendent of the New Suffolk School, and Robert J. Belsten, Superintendent of the Laurel School as Attendance Officers, subject to the written approval of the District Superin'ten~l~i~t~'0~ :Schools, and be it 'further RESOLVED that the compensation for ~ach Attendance Officer be fixed at $5.00 per hour when working in this'capacity, they to pay their "own expenses, and be it further RESOLVED that the Town Clerk be and she hereby is 'instructed to notify MS. Sidorowicz and Mr. Belsten, and the District Superintendent of Schools Dr. Raymond A. DeFeo, of the appointments. SUPERVISOR MURPHY: I might comment on this that Southold Town has two of probably the last dozen common school districts in'the State. They are being phased out and this is part of the regulations to have appointed Attendance Officers of the common school districts. 4.-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 5 we're 9oin9 to hold (s.tep I salary increment for Susan Steinmetz-Fossett, Recreation Director). Number 6 to pass on a Local Law No. 1. 6. Moved by Councilman Schondebare, seconded by Councilman Penny, WHEREAS, a proposed Local Law No. 1 - 1986 was introduced at a meeting of this Board held on the 22nd day of October, 1985, and WHEREAS, a public hearing was held thereon by this Board on the 7th day of January 1986, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local Law No. 1 - 1986 be enacted as follows: LOCAL LAW NO. I - 1986 A Local Law in relation to Accessory Apartments in existin9 dwellings BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: Section 100-13 thereof [Definitions) is amended by adding the following thereto: ACCESSORY APARTMENT - A dwelling unit created in a presently existing one-family dwelling pursuant to Section 100-30B(14). Section 100-30B (Special Exception uses) is amended by adding a new subsection thereto, to be subsection (~4) to read as follows: (14) One accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than sixteen hundred (1,600) square feet of liveable floor area. (d) The accessory al~artment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) .The accessory apartment shall not exceed forty (40%) percent of liveable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one~(l-):~Cc~sor¥ apartment shall be permitted on a Iht. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 hereofj. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made On the existing foundation. (k) Certificate of Occupancy shall terminate upon the transfer of title by the owner, or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance o.f the dwelling or one (1) year from date of said demise, whichever shall first occur. (I) All conversions subject to inspection of Building Inspec. tor and Renewal of Certificate of Occupancy annually. (m) (n] (o) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984. The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold~ Notwithstanding the provisions of Section 100-30B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. II. This Local Law shall take effect upon its filing with the Secretary of State. SUPERVISOR MURPHY: Any comment? Long time coming. COUNCILMAN SCHONDEBARE: I think this was here two years ago when I got on the Town Board and I'm amazed if this passes. SUPERVISOR MURPHY: I can say the same thing five years ago. Any other comments? COUNCILWOMAN COCHRAN: It' still!Idoes not give relief for affordable housing. Go ahead. It passed under that guise. COUNCILMAN SCHONDEBARE: When I came on the Board it never was considered as a means of affordable housing. It was always considered as a means of allowing the widow who has the big farmhouse an opportunity and the means to be able to keep her house without selling it, and under that concept is the reason I proposed this and approved it. SUPERVISOR MURPHY: And I think it can still be done. Judy. 6.-Vote of the Town Board: Ayes: Councilman Penny, Councilman Schondebare, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilwoman Cochran. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is a traile:r permit ~renewal. 7. Moved by Cbuncilman Schondebare, seconded by Councilman Penny, it was RESOLVED that the application of Frank A. Field Realty for renewal of his'single family house trailer permit, for trailer located at south side of Linnett Street, Lot #60, Greenport Driving Park, Greenport, New York, which permit expires on January 22, 1986,, be and hereby is granted for a six (6) month period. 7.-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 8 is to authorize the Town Clerk to go to bid. 8. 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 bids for supplying and installing 1785 lineal 272 JANUARY 21, 1986 feet of galvanized mesh fence, necessary 9ate, corner and line posts, at the Town drainage sump located on the north side of Lower Road, Southold, New York. 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 authorize an amendment to a previous agreement. e 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 Amendment NO. 1 to the agreement between the Town and Holzmacher, McLendon and Murrell, P.C. for One Year Monit~ ing/Operator Assistance Program for the Southold Scavenger Waste Treatment Facility!! ,;1 said amendment as proposed pursuant:to the New York State Department of Environ~.j, ta. Conservation's letter of December 30, 1985; 9.-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 10 we're going to hold (authorization for attendance at the annual meeting of the Association of Towns). Number 11 is to authorize the Town Historian to attend a conference in Riverhead. 11. Moved by Councilwoman Cochran, seconded by Justice Edwards, it-was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Historian Magdaline Goodrich to attend the Annual Meetin9 of the Association of Suffolk County Historical Societies to be held at Brasby's Restaurant, Aquebogue, New York, on Saturday, January 25, 1986. at 9:30 A.M., and the registration fee, luncheon expense~ in the amount of $12.00, and travel expenses shall be a legal charge against the Town of Southold. 11.~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 12 is to appoint a part-time Clerk Typist fop the Southold Town Hall. 12. Moved by Councilman Penny, seconded by Councilwoman Cochran,- it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Ann Cybulski as a part-time Clerk Typist for the Southold Town Hall, for a six month period, effective January 21, 1986, 17½ hours per week, $5.50 per hour. 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 to authorize the purchase of seed clams. 13. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of the followin9 seed clams from the Aquacultural Research Corporation, Dennis, Massachusetts; said seed clams to be paid from Community Development Funds: 100,000 R-3 (4-5 mm) seed clams at $16.00 per 1000 - Total $1,600.00 100,000 R-4 (5-8 mm) seed clams at $19.00 per 1000 - Total $1,900.00 Both for May 1986 delivery. 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: HUD. Moved by Justice Edwards, seconded by Councilman Stoutenburgh,. it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a contract between the U. S. Department of Housing and Urban Development and the Town of Southold for the Section 8 Annual Contributions for the 12 month period ending June 19.8'~, all in accordance with the terms and conditions of the contract as approved by Town Attorney Tasker. Number 14 to authorize an agreement between the Town and 14. 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 to authorize a Change Order for Fishers Island Sewer District project. 15. JANUARY 21, 1986 ~ 2 7 3 Moved by Justice Edwards, seconded by Councilwoman Cochran, WHEREAS, a contract, under date of July 23, 1985, exists between the Fishers Island Sewer District and AMMA Construction Corp. of Northport, New York for the construction of the Fishers Island Wastewater Treatment Facilities (C-36-114), all in accordance with the Specifications for Bid, January 1984 and Addendum #1, December 31, 1984,, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a chanqe order to said contract to be entitled, "Change Order No. I", to provide for a time extension due to weather conditions, .from~a February 2, 1986 completion date to a May 15, 1986 corn pletion date; 15.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, JuStice Edwards, Supervisor Murphy. Thin'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is'the increase in:estimated revenues for our 1985 Nutrition Program. 16. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby increases the estimated revenues in the 1985 Nutrition Program Budget, due to the receipt of Cash-in-Lieu awards durin9 1985., as follows: 510 Estimated Revenues from $134,512.00 to $155,311.00 960 Appropriations from $134,512.00 to $155,311.00 16.-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 17 is to authorize the $100 payment of a fee to the Suffolk County Department of Parks for use of their Showmobile on June 13th for the combined high school band concert. 17. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $100.00 for the payment fee to the Suffolk County Department of Parks for the use of their Showmobile on June 13, 1986 for a performance by the Southold High School Band. 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 execute an agreement on our 1986 Youth Program. 18. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, 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 the Town of Southold and the Suffolk County Youth Bureau for the 1986 Southold Town Youth Services Proqram, at a total agreement cost of $10,000.00. 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 transfer of Highway Department funds. 19. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 transfer within the Highway Department 1985 Budqet: From: DB9010.8 - NYS Retirement System $200.00 Into: DB5110.1 - Personal Services $200.00 and From: DA9030.8 - Social Security $1,100.00 Into: DA5130.4 - Contractual $1,100.00 19.-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 20 is to authorize the Town Clerk to advertise for scallop seed. 20. Moved by Councilman Stoutenburgh, 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 two (2) separate bids for the purchase of hatchery reared Bay Scallop Seed, to be funded through the New York State Urban Development Corporation, as follows: 1,000,000 (5-6 mm) Bay Scallop Seed, and 500,000 (5-6 mm) Bay Scallop Seed. SUPERVISOR MURPHY: All I can say is'I'd hate to have to open all those. COUNCILMAN STOUTENBURGH: I hope someone will be able to. SUPERVISOR MURPHY: Comments anyone else? COUNCILMAN STOUTENI3URGH: Pd like to just comment that this program was originally put in for two and a half million seed scallops, but the State would only give us a million five hundred. The reason for the amount is, as you all know, the brown tide of last summer wiped out our scallop producing scallops. In other words the bugs, and we're worried, very worried about what's coming up this coming year and unless we have bugs in our Bay and our creeks we're not going to get scallops spawning. So that's basically what we're trying to do is to re- introduce scallops back into .the ,bays and creeks of Southold Town and it's a worth- while program. It's sort of an experimental program in the sense that we're not sure it's going to work. It's a new technique of laying out a mesh and then putting these seeds in this mesh and it's a floating affair keeping them off the bottom so that the predators won't get at them, and should they mature we'll then spread them' out in'our creeks. SUPERVISOR MURPHY: Thank you, Paul. Any other comments? COUNCILMAN SCHONDEBARE: Yes, why is it two separate bids? Why go for a bid for a million and then five hundred thousand? COUNCILMAN STOUTENBURGH: Mainly because what happens is, Jay, is we lost out last year. We put alt our eggs in one basket with seed clams and then they couldn't give us any and what we're afraid of is if we don't get half a bushel we'll get some in another place. Do you follow What I'm saying? If we have them in two different areas it's safer than putting all your eggs in one basket, because some- times these producers don't produce. SUPERVISOR MURPHY: Would you want to maybe .word it to authorize additional purchases too? COUNCILMAN SCHONDEBARE: Wouldn't the same guy came in Iow on one bid be __ the same guy who comes Iow in the second bid? They're the exact same size, 5-6 mm. It would seem to me if he was Iow on one bid he's going to be Iow on the other bid COUNCILMAN STOUTENBURGH: I thin~< mainly the way it was told to me from Jim that they wanted to put it in two different areas--- COUIqCILMAN SCHONDEBARE: Areas have nothing to do with bids. COUNCILMAN STOUTENBURGH: Well, I agree, but that was the reason he put it in there. I think they're all pretty set. COUNCILMAN SCHONDEBARE: Is he planning on advertising for one area and then advertising some place else and not telling the other guy what he's doing on the other side? COUNCILMAN PENNY: When you advertise for bids the same guys going to bid. COUNCILMAN SCHONDEBARE: I think they're not supposed to be the same size. I thought last year they were different sizes, but 1'11 bow to you on that. SUPERVISOR MURPHY: We could check before we go to bid. COUNCILWOMAN COCHRAN: The clams are different sizes. I don't know about scallops. We've never delt in scallops before. SUPERVISOR MURPHY: I would suggest we leave it, authorize the Town Clerk to go to bid and then work it out with Jim. COUNCILWOMAN COCHRAN: Yes, let's not hold up the bid. SUPERVISOR MURPHY: Any other questions? (No response.) Judy. 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 encumber funds from the 1985 Budget in Whole Town and to transfer funds in the 1985 Whole Town Budget. JANUARY 21, 1986 275 21 Moved by Supervisor Murphy, secon.d,,ed b~ Counc Iman Schondebare, it was RESOLVED that the Town Board of"~:e ~Oeh 'of Southo d hereby authorizes the following encumbrances and transfers within the General Fund Whole Town 1985 Budget: Encumbrances: R. W. Beck Nutrition Van Town Hall Van Street Lighting Truck Total $ 5,000.00 13,299.00 12,476.00 15,431.18 $46,206.18 General Fund Whole Town transfers to provide budgeted needs for encumbrances: Increase Estimated Revenues A ~;10 - $29,375.00 Mortgage Tax A3005 $29,375.00 Into: A1440.4- Engineer, Contractual Expense $ 3,600.00 A6772.2 - Nutrition· Equipment 13,299.00 A1620.2 - Buildings, Equipment 12,476.00 $29,375.00 Federal Revenue Sharing incumbrances: Master Plan, RPPW $ 570.50 Debt Service, Interest 2,254.00 Total $2,824.50 Federal Revenue Sharing transfers to provide budgeted needs for encumbrances: From: Appropriated Fund Balance CF 599 $2,824.50 Into: CF 9730.9 Debt Service, Interest $2,824.50 21.-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 22 we're holdin~ (Accounts Payable General Fund). Number 23 is transfers in the General Fund Whole Town Budget for 1985,. They're done mainly to balance the books for the bookkeeper to make sure the money stays in the various accounts where it belongs. I offer that resolution. 23. Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfers within'the General Fund Whole Town 1985 Budget: Increase Estimated Revenues A 510- $28,465.00 Mortgage Tax A3005 $28,46~. 00 Appropriations A 960 A1620.4- Buildings, Contractual Expense $ 8,740.00 A1620.2 - Buildings, Equipment 9,200.00 A8160.4- Refuse & Garbage, Contractual Exp. 10,525.00 Total $28,465.00 Transfers: From: A5182.2 - Street Lighting, Equipment $13,154.00 A5182.4 - Street Lighting, Contr. Exp. 4,500.00 A5650.4 - Off Street Parking, Contr. Exp. - 4,000.00 A7110.4 - Parks, Contractual Expense 900.00 A7151.4- Special Recreation, Contr. Exp. 6,600.00 A8540.4- Drainage, Contractual Expense 14,235.00 A9010.8 - NYS Empl. Retirement System 2,900.00 A9030.8 - Social Security 2,000.00 A9040.8 - Workmens Compensation 7,800.00 A9050.8 - Unemployment Insurance 2,000.00 Total $58,089.00 Into: A1010.4 - Councilmen, Contractual Exp. $ 4,063.00 Al110.4- Justice, Contractual Expense 1,230.00 A1220.4- Supervisor, Contractual Exp. 72.00 A1355.4 - Assessors, Contractual Exp. 1,030.00 A1410.4 - Town Clerk, Contractual Exp. 1,970.00 A1420.4 - Town Attorney, Contractual Exp. 30,812.00 A3310.4- Traffic Control, Contractual Exp. 693.00 A7230.4 - Beaches, Contractual Expense 332.00 A8090.4- Environmental Control, Contr. Exp. 1,067.00 A9058.8 - CSEA Benefit 1,610.00 A9060.8 - Hospitalization 15,210.00 Total $58,089.00 23.-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 24 is transfers in the General Fund Part Town Budget. I offer that resolution. 24. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfers within the General Fund Part Town 1985 Budget: Increase Estimated Revenues B 510- $8,754.00 B1560 Building Inspector Fees - $8,754.00 Into: Appropriations B 960 B1910.4- Insurance - $ 282~.00 B9060.8 - Hospitalization - 6,350.00 B3620.2 - Building Inspector Equipment - 950.00 B3130.1 - Bay Constable Pets. Services- 1,172.00 Total - ~8,754.00 Transfers within General Fund Part Town needed for 1985 billings: From - B3130.4- Bay Constable, Contractual Exp. $ 2,570.00 B4010.4 - Registrar', Contractual 'Expenses 530.00 B9015.8 - NYS P &'F Retirement 1,450.00 B9050.8 - Unemployment Insurance 2,000.00 B9058.8- CSEA Benefit 340.00 B9059.8- GHI Dental 3,300.00 B3130.2 - Bay Constable, Equipment 500.00 B3157.2 - JAB, Equipment 380.00 B4010.2 - Registrar, Equipment 460.00 B8020.2 - Planning, Equipment 380.00 B3120.1 - Police, Personal Services 2,000.00 B3620.1 - Building Inspector, Personal Serv. 2,580.00 B8010.1 - Zoning, Personal Services 1,610.00 Total $18,100.00 Into - B3120.4 - Police, Contractual Expense $ 3,870.00 B3157.4 - JAB, Contractual Expense 250.00 B3620.~- Building Inspector, Contr. Exp. 570.00 B8010.4 - Zoning, Contractual Expense 230.00 B8020.4 - Planning, Contractual Expense 1,560.00 B9030.8 - Social Security 9,400.00 B3120.2- Police, Equipment 1,450.00 B3157.1 - JAB, Personal Services 770.00 Total $18,100.00 Accounts Payable 1985 General Fund Part Town: B3120.4- Police, Contractual Expense $ 116.63 B3620.4- Building Inspector, Contr. Exp. 175.90 B3620.2- Building Inspector, Equipment 950.00 Total $1,242.53 24.-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 25 is to authorize the advancement of funds to The Floyd Memorial Lib~-ary for a program in the Nutrition Program of Southold Town until we get reimbursed from Community Development Funds. Maximum of $3,500.00. 25. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the advance of $3,500.00 from the General Fund Whole Town Account to The Floyd Memorial Library for their 'programs for the Town's Nutrition Center and Elderly Day Care Care Center; said'funds to be reimbursed to the General Fund from Community Development Year-XII funds. 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: Number 26 is to grant a waiver for the Mills application under the moratorium. -~ 26. Moved by Councilman Penny. seconded by Councilman Schondebare. WHEREAS, William J. Mills & Co. has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their:application presently pending before the Southoid Town Building Inspector for a building permit,' and WHEREAS, this Board finds that the applicant proposes to construct additions to the existing building located at Route 25, Greenport, formerly known as the Ballan Ford property, and WHEREAS, this Board deems such use consistent wit~ the uses in a Light Industrial Park/Planned Office Park (LIO) District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as, set forth;:;:in~,t~!~pplication presently pending before the soUthold T°wn"Building InSPeCt°r fo¢"~~ ~iidi~g permit,~ subject, however, to the applicant obtaining any and all permit~ and approvals required by all ToWn and other governmental agencies having jurisdiction thereof. SUPERVISOR MURPHY: Any questions? (No response,) 26.-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 27 is to set the closing for commercial carters for the months of November, December, January and February, at 4:30 P.M. I offer that resolution. ,27. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby declares that effective immediately Commercial Carters will be prohibited from disposin,g of solid waste at the Southold Town Disposal Area, C.R. 48, Cutchogue, after 4:30 P.M. from November 1st through February 28th of each year. SUPERVISOR MURPHY: This is done to try to allow--to make sure that the personnel have time to cover the paper and material before the darkness sets in and it's almost impossible to properly cover at that time. 27.-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 28 is to designate Frank Isler, Richard F. Lark and Francis J. Yakaboski as Special Assistant District Attorneys for the purpose of prosecuting violations of local ordinances for the Town of Southold. I offer that resolution. 28. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Frank A. Isler, Richard F. Lark, and Francis ~J. Yakaboski as Special Counsel for the Town of Southold to perform such legal services at such compensation and under such terms and conditions as contained in agreements approved by the-Town Board, and be it further RESOLVED that the Town Clerk be and she hereby is directed to transmit a copy of this resolution to the Suffolk County District Attorney requesting the redesignation of the abovenamed indivi'duais as Special Assistant Disl~rict Attorneys. 28.-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 29 is to grant a waiver for the Hass petition. 29. Moved by Councilman Penny, seconded by Councilman Schondebare, WHEREAS, Samuel J. Glickman, Esq., on behalf of Helmut Hass, has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to permitting them to apply to the Board of Appeals and Planning Board for a minor subdivision, and WHEREAS, this Board finds that the applicant proposes to subdivide his property located on the southerly side of County Route 48, Peconic, and WHEREAS, this Board deems such use consistent with the uses in a Limited Business (LB) District, as proposed by Raymond, Parish, Pine & Weiner, lnc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in their application, subject, however, to the applicant obtaining any and all permits and approvals required by al Town and other governmental agencies having jurisdiction thereof. 29.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. T. his resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is to appoint a full-time Clerk Typist for the Bookkeeping Department. 30. Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robin Martin as a temporary (90 days) Clerk Typist in the Accountin¢ Department, effective immediately, 17½ hours per week, at a salary of $5.50 per hour. 30.-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: That is the end of the prepared resolutions and the added- on. At this time I'd like to ask any member of the Town Board if they would have anything else further to say? George? (Not at this time.) Jay? COUNCILMAN SCHONDEBARE: Have we finished our Work Session? Maybe we don't want to adjourn our Town Board meeting? SUPERVISOR MURPHY: Do you have a possible resolution? COUNCILMAN SCHONDEBARE: I don't know. If we haven't finished the Work Session we might. Are we done? SUPERVISOR MURPHY: I thought we were done. COUNCILMAN SCHONDEBARE: You didn't discuss Wickham yet. going to discuss that thing. You said you were SUPERVISOR MURPHY: With Bob. I don't know if :you want to put that on as a resolution now. That would be an Executive Session. COUNCILWOMAN COCHRAN: I think we should met on it today though. COUNCILMAN SCHONDEBARE: Just for the sake of it.' Just keep the meeting open in case we want to do something. COUNCILMAN STOUTENBURGH: I move we close the meeting. SUPERVISOR MURPHY: Paul, do you have anything further to say? (No.) Jean? (No.) Ray? (No.) All right at this 'time is :there anyone in the audience would like to address the Town Board? Starting over on my left. Down in the middle. Jean ? JEAN TIEDKE: Nice to be here again and see all your smiling faces. I have a couple of questions. Jean, you mentioned the Long Island Power Authority, The New York State Power Authority is not responsible to the voter. Would a Long Island Power Authority be responsible to the voters? COUNCILWOMAN COCHRAN: They talked in respect to it would not be set up--- they would be people from the public sector COUNCILMAN PENNY: It was public. SUPERVISOR MURPHY: This would be a public take-over of the stock of LILCO. Public ownership. MRS. TIEDKE: A public authority. Yes, but PASNY is a public authority. This is something i'd like to have somebody find out. SUPERVISOR MURPHY: There will be a good deal of public hearings on this. MRS. TIEDKE: I'm sure there will be. This is something that really should be clarified. Are the papers going to carry any of the revisions in the plan since the 1974 publication of RPPW's plan? Since you changed something--- SUPERVISOR ~IURPHY: The new one is 'way past 1974. MRS. TIEDKE: 198L~ I said. SUPERVISOR MURPHY: You said 1974. MRS. TIEDKE: I'm thinking back. No, but it was published, the original proposal was published--- SUPERVISOR MURPHY: These hamlet meetings, Jean, are to take input from people SO--- MRS. TIEDKE: Yes, I know, but if they don't get to see what's been changed, what good is a hamlet meeting? COUNCILWOMAN COCHRAN: Weren't we supposed to apprise them of the fact that there would be copies in'the libraries--- TOWN CLERK TERRY: I did. They're in the libraries and it's in the public notice. MRS. TIEDKE: Copies in the libraries and public places is not the same as having revisions published in'the papers. TOWN CLERK TERRY: I believe the papers did that on their own. JANUARY 21, 1986 279 RUTH OLIVA: Jean and 1, the ~las,~:~ime~hen,~the prel.mlnary map came. out, we asked the papers if they would run it. An~l I join with Jean, I think it woula be a good idea if the Board would ask the papers to run it 'so that the people really would have a little story with it, because you're going to get more input that way. They don't read the back pages, unfortunately, or they don't go to the library. So if they see a copy of that map you're going to get more responses I think. SUPERVISOR MURPHY: We have representatives from all the papers in the Town, maybe they would be happy to bring it back to their bosses. MRS. TIEDKE: I want to invite all of you to our next League meeting--our next League of Women Voters meeting is ~February 5th in the Presbyterian Church in Cutchogue. Jim Pimm, who is Hazardous Waste Manager for the County of Suffolk, Department of Health, and our own Ray Jacobs are going to be our speakers, and we'd be very happy to have you attend. SUPERVISOR MURPHY: Thank you, Jean. Anyone else? Ruth? MRS. OLIVA: Again I just wanted to emphasize what Jean said about trying to get these maps, if you could, into the papers, because I think it would iust be a big help to the people and you'll get a better input from them because it will be before them. That's how we got it last time, otherwise I don't think we would have gotten as many people out as we did. Number two, Paul brought up at Work Session about the Orient Point property, that it ~is in Cohalan's Capital Budget, and I know the Board has passed a resolution twice and sending it, I believe, to the County or to Greg Blass, supporting the preservation of Orient Point, and 1 was just wondering now if that it is in the Capital Budget, if the Board would authorize the Supervisor to write a stock letter and send copies to each of the west end legislators. 1 think it would be a big help that they know that the Southold Town Board is in favor of it, not just the Orient Association or what have you. I think it would be very effective. Thank you. SUPERVISOR MURPHY: David? MR. DAVID SPOHN: SupervisOr Murphy, members of the Town Board. My name is David~Spohn. I speak to you as the Town Contact on the Airport Site Selection Master Plan Study. I have a brief memo to read and it ~has supporting documents and material~. "The Consolidated Report of the Airport site Selection Study for the Town of Southold, New York has been approved by the FAA and the New York State Department of Transportation. Site Number 5 has been selected by the report and the FAA. Since this is necessary to identify a site to be used as a model for planning purposes, it ~is ~recommended that site Number 5 be approved by the Town Board as well. If it is deemed necessary, schedule an additional informational meeting on Phases I and Il for interested partieS." Thank you very much. And I have this document which I'll give to Judy and she can make copies for everyone. SUPERVISOR MURPHY: Will!you repeat that last statement. What did You say? MR. SPOHN: The last sentence: "If it :is'deemed necessary, schedule an additional informational meeting on Phases I and II for interested partieS.'' That was the last statement. 31. SUPERVISOR MURPHY: Thank you. We hope to very shortly. Okay, anyone else in'the middle? Chief? GREENPORT FIRE CHIEF QUARTY: I'd like to know what the Town Board's going to approve or disapprove the East~West contract? When that's going to come up. TOWN CLERK TERRY: The Town Board will have to adopt a resolution to authorize the Supervisor to execute the contract. COUNCILMAN SCHONDEBARE: Well, pass the resolution. SUPERVISOR MURPHY: Okay, we'll do that right now. FirSt---anyone else on the right? Any other comments? (No response.) If not l'd like to go back to resolutions and add one more which is :to authorize the SupervisOr to execute the East-West Fire District contract with the 'Village of Greenport. Moved by Councilman Schondebare, seconded by Councilman Penny, WHEREAS, the Town Board of the Town of Southold wishes to engage the Village of Greenport to furnish fire protection and emergency services in case of~ accidents, calamities or other emergencies to the Town fire protection districl~ known as "East West Greenport Fire Protection District, Town of Southold, New York," and the Village of Greenport agrees to furnish such protection, and WHEREAS, a public'hearing with respect to said~proposed contract between the Town of Southold and Village of Greenport was held at 3:30 P.M., Tuesday, January 21, 1986, at which time ail persons were given an opportunity to be heard, now, therefore, be it' JANUARY 21, 1986 280 RESOLVED that the Town Board of the Town of Southoid does hereby authorize and direct Supervisor Francis J. Murphy to execute an agreement between the Town of Sout,hoid and Village of Greenport for the "East-West Greenport Fire Protection District, Town of Southold, New York,, for a period of five (5) years commencing January 1, 1986 and ending December 31, 1990; the Village to receive the following sums for the years so indicated: 1986,- $70,000.00; 1987 - S80, 000. 00; 1988 - $90,000.00; 1989 - $100,000.00; and 1990- $110,000.00. 31.-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: That saved us two weeks. We have an extension to January 31st. This way we don't need one any more. Okay. Anyone else? George ? COUNCILMAN PENNY: Yes, I'd just like. to take a brief moment here and congratulate Councilman Schondebare. It's his birthday today. COUNCILWOMAN COCHRAN: And he's 4I years old. I want the whole world to know he's 41. SUPERVISOR MURPHY: That's all you are, Jay? COUNCILMAN SCHONDEBARE: Ah, thank you, Frank. COUNCILWOMAN COCHRAN: He's just a child. SUPERVISOR MURPHY: Okay, any other business? (No response.) At this 'point I think we should recess. You want to recess or close? Let's close. COUNCILMAN SCHONDEBARE: All right close. Once you close that's it. SUPERVISOR MURPHY: And then we'll have a short Executive Session on a legal problem. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was p RESOLVED that this Town Board meeting be and hereby is adjourned at 4:t5 .M. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. EXECUTIVE SESSION 4:20 P.M. - The Board met to discuss the offer of John Wickham to the Town of a five-year option on his property known as the former Satterly Boatyard on the east side of Mattituck Inlet for the price of $100 and a purchase price of $150,000. The Board unanimously agreed to reject this offer, since the NYS-DEC has started condemnation proceedings on this property. 4:40 P.M. - Executive Session adjourned. /'~'" J~Jdith ~. "~er~~ ~ " Southold Town Clerk~