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HomeMy WebLinkAboutTB-12/17/1985205 SOUTHOLD TOWN BOARD DECEMBER 17, 1985 WORK SESSION 9:25 A.M. - Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr., Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker (10:15), Superintendent of Highways Raymond C. Dean (10:15), Justice Raymond W. Edwards (2:00 P.M.-attending public officials meeting relative to E-24 Oil Barge, Eklof Marine Corp., which was grounded in The Race on November 22nd). 9:30 A.M. - Community Development Administrator James C. McMahon met with the Board tO discuss the purchase of three tax sale parcels - 2 on Flint Street, Greenport, and one on South Harbor Road, Southold, at a cost of approximately $6,000. He stated the South Harbor Road parcel can be acquired before the end of 1985, one of the Flint Street parcels by February 1986, and one by March 1987. Question of clear title was discussed. Councilman-Elect Penny suggested the Board retain the South Harbor Road parcel, rather than transferring it to the Greenport Housing Alliance, and use it as a test site for affordable housing. The Board will take this under consideration. 9:45 A.M. - Historian Magdeline Goodrich and Landmark Preservation Chairperson Joy Bear met with the Board to discuss Southold Town's participation in the 100th anniversary celebration of the Suffolk County Historical Society. Southold Town has been designated to receive space for an exhibit during the month of March 1986. Mrs. Goodrich and Mrs. Bear requested permission to use the original copy of Liber D, as well as the recently printed edition, in the display (permission granted). They also have a plan to include the milestones exhibit prepared by the Landmark Commission, the Town quilt, photographs and banner. They estimate an expenditure of about $50 will be needed to prepare the exhibit, and the Board approved same. Councilman Stoutenburgh expressed concern for the safety of the original copy of Liber D, but he was assured the exhibit is quite secure, insured and an inventory made of each item. Further, it was the concensus of the Board that items of historical nature from the Town of Southold should be shared. 10:00 A.M. - Realtor Lewis Edson appeared before the Board to discuss a recent Stop Work Order issued to him by the Building Department, and a Criminal Summons issued by the Bay Constable, with respect to the construction of a foundation for a new home on Clearview Avenue, Southold. Mr. Edson reviewed the various permits he obtained from the Building Department, Board of Town Trustees, Department of Environmental Conservation and Corps of Engineers--:the last three for a dock. Although this matter is not in the hands of the Town Board, Mr. Edson wished to explain his side of the issue and assure them he has been working on obtaining permits for portions of this project for the past five years. 10:15 A.M. - The Board conduct their audit of outstanding vouchers. 10:50 A.M. - For Discussion Items:(2~)raft ElS of Matt-A-Mar Marina decision. The Board would like to meet with the Board of Town Trustees at their December 27th Work Session to discuss this further and determine what applications for this project are pending or have been granted by the Trustees. (3) Law relative to Disclosure by Appointed Members of Boards recently adopted by the Town of Riverhead, Town Attorney Tasker explained that such dis~:losure is covered by Town Law, and the Riverhead law merely adds a new section to their Chapter 18, which was not enclosed. A copy of this chapter will be obtained for the Board's review. 11:15 A.M. - Councilman-Elect George L. Penny IV reported on the condition of the ceilinq and roof at the Senior/Youth Center. Mr. Penny stated that it appears there is minimal leakage from the roof and the greatest problem is the construction of the ceiling. Jim Hill of American Building will be at the center the afternoon of December 18th to conduct an inspection, after which Mr. Penny will submit a full report to the Board. 2 0 DECEMBER 17, 1985 Councilman Townsend reported on his discussion with William Mullen with respect to his proposal to review the Town's insurance program on a monthly retainer basis. Mr. Townsend stated that it is his opinion the Board coul.d ask for an analysis from the Stype Agency, our insurance a§ents, after the first of the year. The estimated premiums for 1986 is $400,000, and perhaps the Board could work with the broker to cut their commissions somewhat. Stype will be invited to meet with the Board after the first of the year to review the Town's coverage. 11:20 A.M. - Helen Proud, and other members of the Orient Association met with the Board to question certain provisions of the Thomas Samuels Wetlands Permit which was issued by the Town Board on Septemer 10, 1985. Mrs. Proud questioned the waiver of the application filing provision which calls for a survey showing one foot contour~ Mrs. Proud was advised that the survey showing five foot contours was accepted b~i the Board--they did not eel the one foot contours necessary. Councilman Townsen advised that he asked Bay Constable Dzenkowski to make a recent inspection, and he reported that the work was progressing as stated in the application. Arthur Tyri-ell of the Baymens Association expressed his objections to the project and his opinion that the Board should condemn the property. Other members of the Orient Association present were: Gertrude Reeves, Dorothy Robertson, Joyce Terry and Constance Terry. 11:55 A.M. - Councilman Townsend suggested to the Board that they should hire a consulting engineer to evaluate proposals,, monitor the Landfill, and suggest solutions for existing problems in that area. The Board will take this matter under EXECUTIVE SESSION 12:05 P.M. - The Board discussed the proposed renewal of the Greenport Village Police Radio Contract.--Tax assessment for use of Town vehicles for emergency purposes. Additional funds for Charles Graves, Town Board negotiator for the CSEA contract. C. Whitney Booth easement relocation. 12:25 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened. -- Justice Edwards reported on the oublic officials meetinq relative to the oil spill which resulted when the Ekiof Barge went aground at Race Point, Fishers Island. 2:10 P.M. - Review of agenda resolutions. 2:55 P.M. - Community Development Administrator McMahon met with the Board to request approval for an advance of approximately $5300 of Community Development Funds from the sale of the Linnett Street house to the East End Community Services, Inc., which they have vouchered for and the funds have been approved. The Board agreed and a resolution will be placed on the December 27th agenda. 3:00 P.M. - Work Session adiourned. REGULAR MEETING 3:00 P.M. A Regular Meetin9 of the Southold Town Board was called to order on Tuesday~ December 17, 1985, at the Southold Town Hall,-~ Road, 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 Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards COuncilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: The first item of business today would be the approval of the audit of the bills of December 17th. DECEMBER 17, 1985 2O7 Moved by Councilwoman Cochran, Se~b~;~t-~b7:Councilman Schondebare, it was RESOLVED that the followinq audited bills be and hereby are approved for payment: General Fund Whole Town bills in the amount of $73,645.11; General Fund Part Town bills in the amount of $12,962.20; Highway Department bills in the amount of $18,629.22; Fishers Island Ferry District bills in the amount of $2,211.84; Southold Wastewater Treatment Plant bills in the amount of $323,203.30; Federal Revenue Sharing Fund bills in the amount of $319.69. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I'd like a resolution to approve the minutes of the December 3rd, 1985 meeting. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the minutes of the Regular Meetin9 of the Southold Town Board held on December 3, 1985 be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date - December 27th, at 2:00 P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the next Regular Meetinq of the Southold Town Board will be held at 2:00 P.M., Fri, day, December 27, 1985, at the Southold Town Hall, Main Road Southold, New York. Vote of the Town Board: Ayes: Councilwoman Cochran. Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: Moving on to the first item of business is the Reports. I'd like to say that all these reports are on record in the Town Clerk's Office for anyone to look at. 1. (a) 1.(b) 2. 3. 4. 5. 6. 7. 8. 9. with Justice Edwards - monthly report for October 1985. Justice Edwards - monthly report for November 1985. Justice Tedeschi - monthly report for November 1985. Southold Recreation Department monthly report for November 1985. Southold Conservation Advisory Council - monthly report for November 1985. Highway Department - monthly report for November 1985. Fishers Island Ferry District - monthly report for November 1985. Justice Price - monthly report for November 1985. Police Department - monthly report for November 1985. Moving on to number 9, the Councilmen's Reports. Starting on my right Councilman Jay Schondebare. COUNCILMAN SCHONDEBARE: Thank you, Frank. The Code Committee met and again tried to tackle the difficult situation of the foundation surveys, and the only thing I can say what we agreed upon is that we all disagree, and we went around and around for a good hour and a half. Right now we've sent it out to the ZBA and to the Planning Board for their input to come back and hopefully we'll tackle it once again. One or two other small areas that we covered, but that's it, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Jay. Joseph? COUNCILMAN TOWNSEND: The Farmland Preservation Committee met on the general topic of where do we go from here, and just to review some of the things that had to be done. Bob (Town .Attorney Tasker) has given all the information to the surveyor for the surveys that have to be done before you go to final contract on the seven parcels that we have options for, and he is also asking for title searches to be performed. Some of them .have come back and anything that appears on a title search will have to be cleared up--any impedement or any lien or anything on a title has to be cleared up. But it's looking pretty good and we're hoping that very early in the year--the end of January, perhaps, if the surveyor can get to it by then, we can close on these properties--we'll go to contract on these properties. The next question that was discussed was what do we do with'the $350,000, or whatever is left in the budget from that original $1,.q50;i000, and it was generally decided that we'd have to advertise again for people that wanted to become a part of the Southold Town program. We have a backlog of people that got their applications in late. Some of them involve perhaps a donation of some development rights and I'd like to figure out--it would be nice if we could figure out some kind of priority for people that wanted to donate certain rights as a point in their favor on any future application I would recommend doing that. COUNCILMAN STOUTENBURGH: I would surely think that would be worthwhile, Joe. COUNCILMAN TOWNSEND: Also talked to Bill Mullen about his proposal to monitor the Town's insurance for a monthly fee. The Board, I don't believe, is going to take any action on that at this meeting. Will you be giving your report on the meeting with the DEC, Frank? SUPERVISOR MURPHY: Yes. COUNCILMAN TOWNSEND: That's about it. That's all I have. SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH: I'd just like to reiterate this idea of this meeting we went to in Stony Brook, and I'll let you tell the details of it, Frank, about this digester concept. The thing that impressed me is here we were at a meeting that really sounds like a solution to this Town and I'm going to let Frank follow that through, but to me it sound almost too perfect, it was so simple when you think about the concept that's involved here. It was just so simple. Also I attended a meeting at the Suffolk County Plannin~t Commission for planning people, and we attended this in Selden. It was on December 7th. And at this meeting it was again kind of nice to see people out. Here we were on a Saturday, meaning the person had to give up his free day, no pay, and we had 150 people there that were concerned about their town and planning, and they covered such topics as code enforcement, compliance with health department regulations, solid waste treatment, conversion of strip commercial zones, planning office administration using new computer concepts. And then in the afternoon a whole array of workshops that each person went to, and I happen to go along with the affordable housing one I went to, and also the open space and land banking. In closing it was agreed that most people thought this kind of a conference put on by the Planning Commission or the County Planning Board was well worthwhile, so I think we'll see this in the future at least once or perhaps twice a year they'll have these. I also, last night, attended a meetinq which is the Coastal Fish and Wildlife Habitat Proc~ram. This is a program that the State is dedicated to follow through on and I'd just like to read what this program is about, and I think it signifies their concern and how they're passing it on to the local level to set up the priorities where this should be, and the purpose and significance of Coastal Fish and Wildlife Habitat Program: Many habitats that vital to the survival of New York State's Coastal Fishery and Wildlife resources exists along the State's 3,200 miles of shore. However, as development pressures mount these habitats are being degraded or lost. In response to public concern about accelerating habitat distruction, a policy aimed at protecting our most important coastal resources have been established by the New York State Waterfront Revitaliza- tion and Coastal Resource Act, which we are coming under. New York Department of State administers this law and is committed to habitat protection so as to preserve the recreational, commercial and ecological benefits derived from the coastal fish and wildlife resources. And so basically that's what this whole thing is about. They brought in to us a list of areas in the Town that their people thought were worth- while. So I can assure you our bay people, our baymen, thought that the ones they brought in were only half of what they should be and so we recalled another meeting and we are now in the process of getting a complete list with input from the Baymen's Association, from the Conservation Advisory Council, from the Town Trustees, and from the Town Board, through myself, we're going to try to recommend these concerned areas in our Town to be included. Basically that's it, Frank. SUPERVISOR MURPHY: Thank you, Paul. Jean? COUNCILWOMAN COCHRAN: Thank you, Frank. I attended the Code Committee meet- in~, of which Jay reported. Also I attended the conference up in Selden, which Paul attended. I would say the most interesting thing to come out of the morning session was a report by Lee Koppelman on the solid waste treatment and the conclusions and recommendations of the Task Force. I have a copy of that report which, Judy, I d like you to copy for the members of the Town Board. I wasa little disappointed in the afternoon session on affordable housing. As many conferences go you spend time discussing the problem than discussinc~ solutions. Most of what was presented as far as affordable housing was Section 8-housing, and as you know we're investigat- ing more than just Section 8 as far as affordable housing. Overall it was a fairly good conference. ! think that's it, Frank. SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards? JUSTICE EDWARDS: Just this mornin~--I spoke earlier at the Work Session on attend- in~ a meetinc] in Riverhead with the Coast Guard, Captain of the Port New London, and Navy salvage experts from Washington, and from the submarine base in regard to the Eklof Barqe that was sunk off Fishers Island, and at the present time it's a potential danger source, but at the present time it's stable, resting on the bottom, and the timeframe to recover the barge off the bottom is some time in May or June. The Councilpeople did receive a copy of this report that was given out in Riverhead and there are some more available .f anyon 'wants one or if anyone has any questions 1'11 be available after the meeting to answer. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ray. As you could see everybody's been quite busy. It seems to be getting busier and busier each month. I would just like to comment on a couple of items. Marry Lang, Supervisor of Southampton, and myself attended and gave a paper on the National Safe Drinking Conference, and hearing that the County Executive held in Hauppauge the other day. Joe Baler, who's been our great consultant and help from the Board of Health was also there, and it was a very stimulating and good one in trying to make the Federal Government aware that this is probably the most important problem that will be facing the country. We know it's very important out here. And on that we do have a Water Advisory Committee meeting tomorrow night and anyone would like to attend, a most rewarding meeting. They are fantastic, and the ERM Report that just came in--! believe it was distributed yesterday, Judy? TOWN CLERK TERRY: No, I have not seen it. COUNCILMAN STOUTENBURGH: No, not yet. SUPERVISOR MURPHY: Okay, it will be. It just came in on the creation of the filter district concept. I wasn't able to attend the whole day of the conference, the planning conference, but it thought it was an excellent idea. We did write to Dr. Koppelman complimenting on it and there were some very good points made for the open space part of it, and it was very good. Last was the conference or hearing that we asked for with the DEC to have a presentation made by a firm from New Jersey on this biologi(_ digestion system that holds great hope for the Town of Southold and many small towns throughout this State. It's a very simple system. It's basically composting has been used throughout the country for many, many years, and this system is using garbage as its bulking agent and the volume reduction is fantastic. The simplicity of it is even better. The lack of problems with it seems fantastic. We're having special tests done of our sludge in our Landfill to make sure we do not have any heavy metals. That was one concern of the DEC. They are looking to the State DEC for approval of this concept to see if we fit into Long Island's Landfill Law. I.think it fits in very well. We have volume reduction and we have resource recovery. We have a material that has a great potential of just adding and improving some of this farmland that we just bought the development rights for, and so it has a lot of good points and hopefully it's going to work out for the Town, because I think it will be a lot better financially and ecologically and environmentally. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on the agenda, Public Notices. 1. Corps of Army Engineers, application of Dolores Holman to place riprap and construct, fill, and maintain two 30 foot stone groins at West Lake Drive, Southold. Written comments by January 6, 1986. 2. Department of Environmental Conservation, Notice of Complete Application of Anthony Forosich to dredge below the mean Iow water, remove spoil upland, and install hinge ramp and float, secured by two pilings, 1405 Anchor Lane, Southold. Comments by January 3rd, 1986. 3. Department of Environmental Conservation, Notice of Complete Application of Ludwig Becker to construct a catwalk, ramp, float and dredge adjacent to dock, Pine Neck Road, Jockey Creek, Southold. Written comments by January 3rd, 1986. 4. Corps of Army Engineers, notice of an application of Arthur J. Bujnowski to construct a timber groin and fill at Hog Neck Creek, Southold. Written comments by January 13th, 1986. 5. ! didn't think we'd even have to do it this year. We picked up so much stuff this year from the highway, but Ray Dean, as his last good gesture to the Town residents has arranged a Leaf Pick-Up Week, and the schedule is December 23rd in Orient, East Marion to Moore's Lane, Greenport; December 24th is Moore's Lane, Greenport to South Harbor Lane, Southold; December 26th is South Harbor Lane, Southold to New Suffolk to Alvah's Lane, Cutchogue; December 27th is Alvah's Lane, Cutchogue to Laurel Lane, Laurel. I11. COMMUNICATIONS. SUPERVISOR MURPHY: 1. We had a letter from the New York State Department of Transportation officially accepting the work that was done on the Airport on Fishers Island. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to number V on resolutions. The first is another one that Ray Dean, who is retiring this year, had started many years ago. One that the Town certainly needs. It's a start of:a $2,000,000 job. It's qoin~l to 210 DECEMBER 17, 1985 cost the Town approximately $11,760, maximum, for our engineering share ~nd construction-wise $102,000. This will come out of our CHIPS funds, which is what this money is to be used for, and it will probably make the worst road in Southold Town a lot safer for our residents. So I'd like to offer that resolution. 1. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, RESOLUTION OF THE TOWN OF SOUTHOLD APPROVING A FEDERAL-AID PRIMARY, SECONDARY AND/OR URBAN SYSTEM PROJECT AND?OR FEDERAL-AID SAFETY PROJECT ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTA- ATION AND AUTHORIZING THE MUNICIPALITY TO CONTRIBUTE THE LOCAL SHARE IN THE COST OF PRELIMINARY ENGINEERING AND RIGH-OF-WAY INCIDENTAL WORK FOR SUCH PROJECT AND ANTICIPATING A FURTHER RESOLUTION WHICH WOULD AUTHORIZE THE MUNICIPALITY TO PARTICIPATE IN THE NON-FEDERAL SHARE OF THE COST OF CONSTRUCTION OF' SUCH PROJECT AND AUTHORIZING THE SUI~ vISOR OF THE Town TO ExEcuTE AN AGREEMENT ON BEHALF OF THE MUNICIPAI~,~]?'Y WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE PERFORM- ANDE OF TIlE WORK Of SUCH PROJECT AND FOR THE PARTICIPATION BY THE MUNICIPALITY IN THE NON-FEDERAL SHARE OF THE COSTS Of THE PROJECT. WHEREAS, a Project for PIN 0754.44 Sound Avenue, Bergen Avenue to Cox Neck Road funded under the Federal-Aid Highwa¥ Program as provided for by the appropriate sections of Title 23 U. S. Code calls for state or local participation, and WHEREAS, the Town of Southold desires to advance the project which is not or portions of which are not on the State Highway System by au{horizing the Municipality to participate in a share of the cost of preliminary engineering and/or right-of-way incidental work, including final design of the project or portions of the project not on the State Highway System.. NOW, THEREFORE, the Town Board, duly convened does hereby RESOLVE, that it be understood that this statement in no way diminished the Town's rights under present~ procedures to review and comment on specific stages of the project; and it is further RESOLVED, that it is understood that the Town of Southold shall provide 24% of the non-Federal share of the cost of 'construction of the subject project or portions of the subject project that are not on the State Highway System, estimated to be $120,000, before such construction can be authorized, and it is further RESOLVED, that the Town Board hereby authorizes the Town of Southold to participate in the cost of preliminary engineering, including final design of the subject project or portions of the subject project that are not on the State Highway System, and/or in the costs of right-of-way incidental work by providing the local share of the cost~'~~ and it is further RESOLVED, that this Authorization shall commit the Town of Southold to an amount not to exceed $11,760 for the local share of the preliminary engineerinq final desiqn of the project and/or for the riqht-of-way incidental work; and it is further RESOLVED, that the Supervisor of the Town of Southold be and is hereby authorized to execute all necessary agreements on behalf of the Town of Southold with the New York State Department of Transportation approving of the above-subject project and providing for the Municipality's participation in the cost of the local share of the subiect project, at a total cost for design, right-of-way acquisition, and construction not to exceed $2,000,000. 1--Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 we're going to hold until we talk with the other three towns that are involved in this Local Law too. (Special law entitled, "AN ACT authorizing the Town of Southold, County of Suffolk, to establish a land acquisition · fund and also authorizing said Town to impose a real property transfer tax with revenue from said tax to be deposited in the land acquisition fund."---Number 3 is to rescind a resolution. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 32, adopted on November 19, 1985, which reads as follows: "Resolved that the Town Board of the Town of Southold hereby appoints Barbara A. Rudder ~-~l as a Clerk Typist in the Office of the Board of Assessors, effective November 25,i ti 1985, part-time, $5.50 per hour, and effective December 19, 1985, Provisional, ~-~ $10,920.00 per annum." 3.-Vote of the Town Board: Ayes: Council~voman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution Was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to appoint Barbara Rudder for a 90 day period. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara A. Rudder as a Clerk Typist in the Office of the Board of Assessors, effective November 25, 1985, part-time 17½ hours per week, $5.50 per hour, and effective December 19, 1985 for a period of ninety (90) days, 35 hours per week, $6.00 per hour. DECEMBER 17, 1985 4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to appoint another Clerk Typist. 5. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Dorothy Midgley as a Clerk Typist in the Office of the Buildin9 Department, effective December 16, 1985, for a period of ninety (90) days. 35 hours per week, $6.00 per hour. 5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to repair two billard tables. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $485.00 from the 1986 Whole Town Budget A7320.4, Joint Youth Proqram, to repair and re- cover two billard tables at the Senior/Youth Center. COUNCILMAN STOUTENBURGH: May I ask a question on this? Do they cover billard tables? Don't they have covers on them? SUPERVISOR MURPHY: Yes. In fact, they have a plywood cover also, Paul, so they are protected when other groups are in. COUNCILMAN STOUTENBURGH: go along with that then. 7.-Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice This resolution was declared duly That's what I mean. There should be that. I'll Councilwoman Cochran, Councilman Schondebare, Edwards, Councilman Townsend, Supervisor Murphy. ADOPTED. SUPERVISOR MURPHY: Number 10 is a General Fund Part Town transfer. 10. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- in9 transfers within the General Fund Part Town 1985 Budget: From: B3120.4 Police, Contractual Expense ................... $27,700.00 B3620.2 Building Inspector, Equipment ................... 1,450.00 B8020.2 Planning, Equipment. ............................ 1,000.00 Total ......... $30,150.00 Into: B3120.1 Police, Personal Services ...................... $19,000.00 B3157.1 Juvenile Aide Bureau, Personal Services ......... 1,050.00 B3620.1 Building Inspector, Personal Services. ........... 6,000.00 B8010.1 Zoning, Personal Services ....................... 2,600.00 B8020.1 Planning, Personal Services ..................... 1,500.00 Total ......... $30,150.00 10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is to review a Draft Environmental Impact Statement. 11. Moved by Councilwoman Cochran, seconded by Councilman Stoutenbur§h, it was RESOLVED that in accordance with~ Chapter 44 of the Code of the Town of Southold, entitled "Environmental Quality Review", the TOwn Planner is directed to review the 9. Moved by Justice Edwards, 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 Aviation, Capital Project Grant Aqreement, (Project No. 0913.01), between the New York State.~ Department of Transportation and the Town to seal and repair runways 7-25 and 12-30, at Elizabeth Field, Fishers Island, New York, and be it further RESOLVED that the Supervisor be and he hereby is authorized and directed to execute an Agency Compliance Statement, State Environmental Quality Review, with respect to the aforesaid project. 9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I might add that we by-passed Number 6, we're 9oin9 to hold that until the next meeting for more information on this clustering concept (Breezy Shores). -- Number 8 we're also 9oin9 to hold (purchaseof blazers and brass plate pins for the "Overtones"). Number 9 is to execute a grant. Draft Environmental Impact Statement for the Wetlands Application of Thomas Cramer for the construction of a single family residence at Mattituck, as requested by the Board of Town Trustees, and be it further RESOLVED that in accordance with Section 44-20 of the Code, the actual expense to the Town of Southold for reviewing said DEIS shall be paid to the Town by the applicant prior to the issuance of a building permit. COUNCILMAN SCHONDEBARE: Didn't we discuss this once before, whether or not the applicant could be required for pay for a--- COUNCILMAN STOUTENBURGH: I think we did and we said it could be. COUNCILMAN SCHONDEBARE: ! thought we decided it couldn't be. TOWN CLERK TERRY: We did this in the case of Southport Development. COUNCILMAN SCHONDEBARE: Didn't we decide that town upstate couldn't do it even though they were doing it? Maybe I have it wrong. COUNCILMAN STOUTENBURGH: I thought we said we could do it: COUNCILMAN SCHONDEBARE: I'll say yes on it and get the resolution, but let's check it. I thought that's what we ended up say was no. COUNCILWOMAN COCHRAN: We've done it, remember? SUPERVISOR MURPHY: I think if they agree. COUNCILMAN SCHONDEBARE: If they agree--who's going to agree. 11.-Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice This resolution was declared duly Councilwoman Cochran, Councilman Schondebare, Edwards, Councilman Townsend, Supervisor Murphy. ADOPTED. SUPERVISOR MURPHY: i think we have the right to ask for that. COU'NClLMAN SCHONDEBARE: Let's pull it out and I'll take a look at it. SUPERVISO.~iMURPHY: Number 12 is to appoint a part-time Police Officer. 12. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Samuel Strickland as a p~rt-time Police Officer, effective December 30, 1985, at a salary of $5.00 per hour, a~d authorizes him to attend the Police Officer Trailin9 School at the Suffolk County Police Academy, Westhampton, New York, for a period of 285 hours, at no salary, he to provide his own transportation. 12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to set a public hearing. 13. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, January 7, 1985, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing for the purpose of considering a proposed contract with the Villa~le of Greenport, Suffolk CoLinty, New York, for fire protection and emergency service to be furnished by said Village to the Fire Protection District established in said Town and known as "East-West Greenport Fire Protection District, Town of Southold, New York". 13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murpl~-~ This resolution was declared duly ADOPTED. 14. SUPERVISOR MURPHY: Number 14 is to accept and approve a Memorandum of Agree- ment between the Town and our Civil Service Employees Association. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby accepts and approves the Memorandum of Agreement, dated December 10, 1985, and executed by the repre- sentatives of the Civil Service Employees Association, Inc., Southold Town Unit, as authorized by the membership, and Charles E. Graves, negotiator for the Town, and be it further RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to execute the 1985, 1986, 1987 contract between the Civil Service Employees Association, Inc., Southold Town Unit, and the Town of Southold, and be it further RESOLVED that the Town Board hereby authorizes the issuance, effective immediately, of 7~ r_etroactive_?ay_, based upon the. rate of pay received by the CSEA membership DECEMBER 17, 1985 as ot IJecemDer 31, 1984. 14.-Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice This resolution was declared duly Councilwoman Cochran, Councilman Schondebare, Edwards, Councilman Townsend, Supervisor Murphy. ADOPTED. SUPERVISOR MURPHY: Number 15 is a trailer permit renewal. 15. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the application of John C. Tuthill for renewal of his single family house trailer permit, which permit expires on January 19, 1986, for trailer located on the east side of Elijah's Lane, Mattituck, New York, be and hereby is 9ranted for a six (6) month period. 15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to appoint another part-time Clerk Typist. 16. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Eileen Carey as a part-time Clerk Typist in the Buildin9 Department, effective December 26, 1985 through. January 12, 1986, at a salary of $5.50 per hour. 16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is a resolution urging the New York State Legis- lature to adopt legislation to help stop the spiralling increased costs of insurance. I offer that resolution. COUNCILMAN SCHONDEBARE: I don't particularly like it and I'll abstain on it. COUNCILMAN TOWNSEND: There's one provision there I don't think is going to be particularly beneficial. COUNCILMAN SCHONDEBARE: To which one, the people or the Town? COUNCILMAN TOWNSEND: Well, they're saying require multi-year policies. I think you're going to find that the insurance company would withdraw from the market and then you can't really force a company to write the insurance. That's what happened in New Jersey when the imposed certain restrictions on automobile insurance. The companies started pulling out of New Jersey, and I think the same thing will happen here if you try to impose multi-year policies on the Town business, because they can't take that chance. COUNCILMAN STOUTENBURGH: They've still got car insurance in New Jersey, though, don't they? COUNCILMAN TOWNSEND: Y~es, but the rates have gone sky high and they've lost a lot of their underwriters. SUPERVISOR MURPHY: We're not writing the law here, we're just sending a feeling, I believe. COUNCILMAN TOWNSEND: I agree with the overall scope of it. COUNCILWOMAN COCHRAN: Yes. SUPERVISOR MURPHY: The most important thing is we're far from--what we say to them is not going to be what they're going to put in the law. You can be guaranteec 17.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, WHEREAS, within the last several years, claims, actions and damages alleged therein, initiated a.qainst municipal corporations, school districts and fire d'istricts'have in- creased at an alarminq rate, and WHEREAS, due to these circumstances, the insurance industry has either dropped out of the market entirely or has severely limited the types and amounts of coveraqe which can be obtained by the aforesaid entities in order to effectively protect their constituents, and WHEREAS, the same has resulted in an unprecedented exposure of said constituents, and WHEREAS, in order to mitigate this exposul~eand protect the economic welfare of said constituents, the Town Board of the Town of Southold wishes the State Legislature to adopt legislation, now, therefore, be it RESOLVED that the Town Board of the Town of Southold respectfully requests that the New York State Leqislature immediately adopt leqislation which would accomplish the followinq ends: 1. To amend the Court of Claims Act to require that all suits against municipalities be heard in the Court of Claims which currently onlv 214 DECEMBER 17, 1985 hears claims against the State; 2. To amend the General Municipal Law, the Education Law, and the Insurance Law with respect to ioint and several liability so that any recovery against a municipality is limited to its actual share of the verdict, and not be potentially liable for an amount in excess of that percentage; 3. To add to the General Municipal Law, a provision that would require the New York State Insurance Department to consider the multi-year business cycle in determining commercial insurance rates as a means of avoiding a large fluctuation in rates from one year to the next (specifically excluding the Workers' Compensation Law); and 4. To amend the Insurance Law to encourage the establishment of cooperative insurance agreements and ioint insurance funds from municipalities by requiring the New York State Department of Insurance to approve and regulate them; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold be respectfully directed to remit this resolution for consideration to the Governor, the Speaker of the Assembly, the Majority Leader of the Senate, and to the Honorable Members of the Suffolk CountY and Nassau County Senate and Assembly Delegation. 17.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilman Schondebare. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to allow two Police Officers to attend a three day Hostage Negotiations Course in Albany. 18. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Police Sergeant Edward Sidor and Police Detective Joseph Reiter to attend a three-day Hostage Negotiations Course, sponsored by the New York State Police Academy, Albany, New York, on January 28, 29, 30, 1986, and the actual expenses for travel, lodging and meals shall be a legal charge against the Town of Southold (tuition free). 18.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. ~ SUPERVISOR MURPHY: Number 19 is to extend the period of comments on the'.Draf Environmental Impact Statement of Southport Development. Extend it to January 1986. I offer that resolution. 19. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, WHEREAS, the public comment period for the Draft Environmental Impact Statement with respect to the Change of Zone petition of Southport Development, concerning certain property situate at Sage Boulevard, Greenport, coincides with the year-end Holiday Season, and WHEREAS, both the Town of Southold, as well as the applicant, desires sufficient time for public and agency review and comment on the proposal, now therefore, be it RESOLVED that the Town Board, as lead agency, now extends the public comment with respect to said Draft Environmental Impact Statement to 4:00 P.M., Tuesday, January 21, 1986. 19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is a transfer in the Fishers Island Ferry District Budget. 20. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Board, of the Town of Southold hereby authorizes the follow- ing transfer within the Fishers Island Ferry District 1985 Budget: ~ From: Theatre $700.00 Into: Office Expense $700.00 ~ 20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, ~ Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is a Highway Department Part Town transfer. 21. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- in9 transfer within the Highway Department 1985 Budget: From: DB Part Town Unexpended Balance $15,000.00 Into: DB5110.4 Contractual, General Repairs $15,000.00 21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. DECEMBEB ~?, ~955 SUPERVISOR MURPHY: Town Budget. 215 Number 22 is transfers in the Highway Department Whole 22. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- in9 transfer within the Hiqhway Department 1985 Budget: From: DA Whole Town Unexpended Balance $3,500.00 Into: DA5140.4 Contractual, Miscellaneous $3,500.00 22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared dUly ADOPTED. SUPERVISOR MURPHY: Number 23 are transfers within the General Fund Whole Town Budget. 23. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- ingtransfer within the General Fund Whole Town 1985 Budget: From: A1310.1 Accounting & Finance, Personal Services, ...... $ 4,500.00 A1410.1 Town Clerk, Personal Services .................. 2,200.00 A1490. I Public Works, Personal Services ................. 1,500.00 A5182.1 Street Lighting, Personal Services ............... 1,900.00 A7110.1 Parks, Personal Services ........................ 3,000.00 A7230.1 Beaches, Personal Services ...................... 1,800.00 A602 Accrued Liability for Compensated Action ....... 23,700.00 A599 Unexpended Balance ............................. 1,500.00 Total ......... $40,100.00 Into: A1330.1 Tax Receiver, Personal Services ............... $ 2,700.00 A1355.1 Assessors, Personal Services .................... ~,500.00 A1620.1 Buildings, Personal Services. .................... 8,000.00 A5010.1 Superinter~tent of Highways, Personal Serv ...... 1,600.00 A5650.1 Off Street Parking, Personal Services ............. 300.00 A6772.1 Programs for the Aging, Personal Services ...... 1,500.00 A7150.1 Recreation Administration, Personal Services ....... 500.00 A8160.1 Ref~rse & Garbage, Personal Services ........... 24,000.00 Total ......... $40,100.00 23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to appoint a part-time Clerk Typist for the Town Hall. 24. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Carole Perricone as a part-time Clerk Typist for the Southold Town Hall, for a six month period, effective December 30, 1985, 17-1/2 hours per week, $5.00 per hour. 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is not on your agenda, it is a finding on a relief petition. 25. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, WHEREAS, Theodore Laoudis, by petition dated March 2, 1984, applied to the Southold Town Board for relief from the bulk requirements of the Town Zoning Code, requiring two (2) fo£ a residenti I -'-~--~-~ .... ~ ~ .... ~ ~ acre, on certain property situated on Main Bayview Road, Southold, consisting of 40.5 acres, known as "Angel Shore Estates", all pursuant to Local Law No. 11-1983; and WHEREAS, a public hearing was held by the Southold Town Board on said petition on the 14th day of August, 1984, after which the Board adopted a resolution granting the relief requested; and WHEREAS, an Article 78 proceeding was brought against the Town of Southold, the Planning Board of the Town of Southold, and Theodore Laoudis, by Harold and Esther M. Wohl, seeking to set aside the Board's decision; and WHEREAS, the Supreme Court, bv order dated September 13, 1985 (by Lama, J.) annulled the decision of the Town Board and remitted the matter to the Town Board for reconsideration and the making of findings, with leave to the parties to present such other and further proof as they may be advised; and WHEREAS, the Town Board has, on October 29, 1985, conducted a new hearing on the aforesaid petition of Theodore Laoudis, at which time all interested persons were given an opportunity to be heard, and upon the request of counsel for the petitioner and counsel for Mr. and Mrs. Wohl, all prior testimony taken at any previous hearing, as well as the Returns submitted on behalf of the Town Board and the Town Planning Board in the aforementioned Article 78 proceeding, were made a part of the record before the Town Board. NOW, THEREFORE, based upon the testimony given on the 29th day of October, 1985; based upon all of the materials and exhibits heretofore submitted to this Board; and based upon the personal knowledge of the members of this Board; this Board finds that: FINDINGS 1. The petitioner has met the threshold requirement of Local Law No. 11 ky having filed his application for sketch plan approval prior to January 1, 1983. This is set forth in the Chronology submitted by the Planning Board to the Town Board and is also found to be fact by the Court in the aforementioned Article 78 proceeding. '2. The petitioner diligently and in good faith prosecuted his application, but due to circumstances beyond his control, was unable to have the subdivision approved by the Planning Board prior to May 20, 1983. This is so certified by the resolution of the Planning Board of the Town of Southold, adopted at its regular meeting on July 9, DECEMBER 17, 1985 1984. This conclusion is well dOcUmented by the record. 3. Mr. Cron, the attorney who represented petitioner from the outset, presented to the Board a detailed history of the application at the October 29, 1985 hearing. Mr. Cron's presentation established that from the very beginning, Mr. Laoudis actively ~ursued the subdivision application. During virtually every month from the initial submission in December 1982, until sketch plan approval was granted on March 7, 1983, Mr. Cron, or members of his firm, were before the Planning Board in an attempt to gain approval. Mr. Cron stated that the Planning Board first insisted on a field inspection, causing the matter to be adjourned from December to mid January, 1982. At that time, the Board requested certain revisions be made to the map, which revisions were done within a reasonably prompt time. The revised maps were presented in April of 1982. Again, the Planning Board wanted different and additional revisions. These revisions were done quickly, and submitted to the Board. The Planning Board then decided that it wished the Town Engineer to conduct a study of run-off and drainage. After the engineer made his study, additional revisions were requested and complied with by Mr. Lacudis. Finally, after meeting every new Planning Board request and suffering delays due to cancelled meetings and other causes described in the record, which were beyond petitioner's control, sketch plan approval was granted on March 27, 1983. 4. Mr. Cron's recitation of the history of the application is corroborated by the detailed chronology submitted by the Planning Board, which is Item R-f of the Town Board Return. It should also be noted that the chronology submitted by the Planning Board is substantiated by a review of the Planning Board minutes. 5. The 16-month process to obtain sketch plan approval was due to the Planning Board's careful and cautious review of the proposed development. This is confirmed by the Chairman of the Planning Board, Bennett Orlowski, Jr., in his affidavit submitted in the Article 78 proceeding, wherein he states "It is true that we began to work on this matter in December of 1981, but characteristics of the parcel, which contains wetlands and lands subject to 217 flooding, caused us to proceed cautiously and to request many revisions, as well as studies by our Town Engineer in connection with the drainage or anticipated drainage problems." The record amply shows that it was the Planning Board's frequent requests for revisions, studies and alternative plans that caused whatever delays occurred. In fact, the Board acknowledged this at one meeting, where it actually apologized to Mr. Cron for the delay. (August 2, 1982) 6. On several occasions, Mr. Cron urged the Planning Board to act on the application, by either accepting or denying it. (See, ~.~., minutes of March 8, 1982, and letter of September 17, 1982.) His requests were not met. Instead, the Board chose to proceed slowly through discussion, revisions, and further study of the sketch plan. The applicant cannot' be faulted for that process. 7. Upon obtaining sketch plan approval, the petitioner expeditiously applied for approval from the Suffolk County Public Health Department. Due to negative results of test wells, approval was issued several months later on November 30, 1983. The Health Department determined that a central water supply must be provided. Had the Planning Board acted more expeditiously, this Board believes the petitioner would well have secured this determination before May 20, 1983. DETERMINATION RESOLVED that, based upon the foregoing findings, the petitioner, Theodore Laoudis, be granted relief from the Bulk requirements of the Zoning Code as provided in Local Law No. 11-1983, with regard to proposed major subdivision to be known as "Angel Shore Estates" and be it FURTHER RESOLVED that the premises described in said petition shall be subject to the Bulk requirements of the Zoning Code in effect immediately prior to May 20, 1983. 25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of our regular agenda. Is there any Councilman have any further comments? Ray? (No comments, thank you.) Jean? COUNCILWOMAN COCHRAN: Yes, I'd like to wish everyone a happy holiday and a festive, one and a sa~ one. SUPERVISOR MURPHY: Thank you. Paul? COUNCILMAN STOUTENBURGH: Y~S':~'~ii~ bu~"Army Corps notices, if you notice half of them this time came through are for groins. This is the biggest problem that we have in our Town and we have absolutely no one in our Town who can advise us if these things are right or wrong and it's a shame that we don't have some place along here that we have some idea of what's going on as far as groins. Typical example is a man puts in a groin and the drift comes along and fills up his beach very nicely with sand and he cuts his neighbor's beao, h right out. Someplace along the way this Town has to face up to this problem and we are hiding our heads in the sand if we're not doing anything about and I don't know exactly how to proceed or who's going to do it. I'd like to have some help from somebody. SUPERVISOR MURPHY: See what we can find out. COUNCILMAN STOUTENBURGH: Let's find somebody who we can refer these to and get at least some feeling that we're doing the right thing rather than just rubber stamping each one of them. SUPERVISOR MURPHY: Hopefully the Corps of Engineers ~knows. That's my hope. COUNCILWOMAN COCHRAN: They're not always right. SUPERVISOR MURPHY: We know that. Joseph? COUNCILMAN TOWNSEND: I'd like to echo Jean's sentiments and hope Santa Claus is good to you all. Ho, Ho, Ho. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: COUNCILWOMAN COCHRAN: COUNCILMAN. SCHONDEBARE: Ditto. Merry Christmas everyone. Happy New Year. I thought Jay would say: Bah, Humbug. Thanks. SUPERVISOR MURPHY: Okay, at this time is there anyone in the audience would like to address the Town Board? Frank? MR. FRANK BEAR, Southold: I'd just like to say that I attended that planning meeting at Selden that was reported on by three of you at least. One of the things that came up--I attended the session on accessory housing, and the person who was there from Amityville, who has had experience in this since they started that program back in 1974, did one thing which I thought would be of interest to you. At the beginning, the first year, they had hardly any requests to participate in the new law. However, someone came along later and started the process--asked for it--now this individual felt that the other people should be doing it as well and the result was that there were quite a few more people, under the pressure that resulted from that, that did join in the program. He didn't say that they have 100% participation. He ',said that maybe it was around 50%. But he felt that overall that it served a very good purpose. COUNCILMAN SCHONDEBARE: Are saying, Frank, that they were not new ones, they were in existence, but improperly, and that they conformed--- MR. BEAR: Yes, similar to the one we're talking about. COUNCILMAN TOWNSEND: Bring people into conformance--they came in. Are you talking about ones that existed already or illegal ones? MR. BEAR: Y~es. Well, they're all illegal to begin with. Now about half of them are legal. He said, even though a great many of them are not, that the Town has benefited--the community has benefited from it. COUNCILMAN TOWNSEND: What if they're not illegal--what if they're not in ¢onforman¢ with out law? MR. BEAR: Well, Joe, I can't answer the specific question. COUNCILWOMAN COCHRAN: That's probably the half that didn't come in. MR. BEAR: The point is I think it was very important in all the sessions that I attend that there is a great deal of interplay between representatives from the various towns and I felt: that the ideas that came and were passed around were helpful and gave people something to think about. They didn't answer all the questions as Jean said, but at least they did give people some help in knowing what other people have tried to do and have done and maybe, give some ideas so they might themselves find answers to their problems. SUPERVISOR MURPHY: Thank you, Frank. Anyone else like to address the Town Boa rd ? MRS. RUTH OLIVA: I'd iust like to wish you all a Merry Christmas. SUPERVISOR MURPHY: Thank you and thank you for your gifts. Anyone else like to address the Town Board? MR. DAVID SPOHN: I echo that same sentiment. I'd like to wish you all Happy Holiday: COUNCILMAN TOWNSEND: And hope Santa has a place to land. MARGARET SKABRY, Peconic: Merry Christmas. I'd just like to know if there is anything new about the Ho Ho landing strip for Southold or are you still :at: the same position we were a year ago at this time? SUPERVISOR MURPHY: Mr. Puckli is agreeable to come up. Mr. --I can't think of Foster Beach's: replacements name. i have it written down inside~-is reviewing and is reviewing the contract and we should hear from him very shortly. Koslowski, I believe. I thought we'd hear from him by today, but I haven't and then we have the FAA to hear from and I think we can then schedule our meeting--sometime a target date in middle January--a meeting of the committee. MRS. SKABRY: Which contract is he reviewing? SUPERVISOR MURPHY: The PRC Speas. MRS. SKABRY: He's reviewing them. Okay. I didn't come to the last two meetings. I didn't think there'd be much reason to come because there has not been much progress so I know what I read out of the papers and it seemed to me there was a little confusion about various contracts' and the way they read arid there was a little information about how we better watch our step or we could end up being in trouble as a Town if we mess with the contract that the engineer had. I think it was his. I think it was very kind of the Town Attorney to take the time to mention that to us. I was wonderinc if maybe he could take the time as well to possibly look through all three contracts himself seeing that he is the Town Attorney and we are supposed to be the lead agency, and perhaps if we do have any ammunition in our guns, or if we're just going to sit here and do nothing and let it go by. Would it be within the realm of Mr. Tasker's salary to do that? SUPERVISOR MURPHY: All contracts are reviewed by the Town Attorney. MRS: SKABRY: But we haven't heard anything as to how strong we are. We've just head how we could be very weak, actually, and it's supposed to be set up as the lead agency. I wondering perhaps if he might go through a little more carefully and find the points which we are a little stronger on. SUPERVISOR MURPHY: Mr. Tasker is advising and has advised the Town Board on this matter. MRS. SKABRY: And there are points? SUPERVISOR MURPHY: Yes. MRS. SKABRY: Would it be possible for me to get a copy of just some of those points? SUPERVISOR MURPHY: I don't know what points you're talking about. MRS. SKABRY: I don't either. I suppose our strong points, if we have any. I know it is said if we back out of it we may end up having to pay the whole cost of the engineering study, and I'm just wondering if there's anything in that, as we were led to believe, like at the end of the DOT study, parts I and II that we could get out, because that's what the people asked of the DOT--for them to come to us and tell us we can get out--the people asked how we could get out. SUPERVISOR MURPHY: I think the DOT and the FAA and the consultant and the Town, when we have this meeting, that decision will be made. COUNCILMAN SCHONDEBARE: We'll also all read the contract. MRS. SKABRY: Is there anything in there that could be possibly put into regular laymans terms so that Johnny Q Public out there could understand just if we do have any leg to stand on. You see, what I'm say is I'm getting from certain people that you got no rights, but don't worry about it because everybody's going to be fair and treat you just great, and at the same time we're supposed to have the right to be able to get out of. the study. That's what we were told at this point. Now I'd like to know what part of the contracts have the wording that says, if we back out of this now we end up maybe paying the whole share for the engineer? And i'd like to see what part of the contract, or any of the contracts say at this time you do have the right and have that be given to the general public, because there's an awful lot of confusion going through the pap~!~!d~§~t~ff. And that's the only way we're getting anything. If those statements could be made clear, hell, I'll write another letter to the editor and get it in that way. You know, if you stick it under legal notices nobody reads that stuff too often, unless they have property up for sale or something like that or want to build something. So we can get through to the public that under this contract, in this section, sub-section, whatever you call it, here's our rights as a Town. According to their contract and these sub-sections, we don't have the right as a Town. Just let them know what we've gotten in to. SUPERVISOR MURPHY: I think that will be given to the Town Board when the presentation is made. MRS. SKABRY: And at that time the people won't be able to prepare themselves, and they're going to be just standing there flat footed. I'm asking if they could be given a little bit in advance so they can understand what this thing is about and the magnitude of it at this point. SUPERVISOR MURPHY: We'll make available a copy of the contract for you. MRS. SKABRY: I have the contract. I don't have a legal degree. I'm just asking for those little parts of it that say, fine, here's where we're going to get into trouble, and fine, here's where the Town has the right to their lead agency. Just those little sub-sections, little excerpts. I don't want the whole thing about how much is going to get paid by what date, for how many times he comes up to Town and stuff. Just the little sub-sections that says, okay, fine, if you don't do this you get nailed for the bill. SUPERVISOR MURPHY: The Town Attorney is the attorney for the Town Board and he advises the Town Board on it and when the information is available you will receive it. It will be available for anybody. MRS. SKABRY: Broken down like that or in the book? Because I already paid to buy the contract and I can't make heads or tails out of these things. I bought them from the files down there at a quarter a clip--a page. SUPERVISOR MURPHY: I don't know what to tell you any further than that. Bob, do you have any comments? TOWN ATTORNEY TASKER: The only thing I can say is, I think the question you're asking has already been asked of me by Councilman Schendebare about a year ago and I wrote to him and gave him my opinion, and he has that opinion. It's in writing. i've done it about a year ago. I think your question is, can the Town terminate the contract? Isn't that correct? MRS. SKABRY: I'm asking--one side we've been told, yes they could. Where does it state it in the contract .... TOWN ATTORNEY TASKER: Basically your asking, aren't you, do we have the right to terminate the contract at this point? MRS. SKABRY: No, basically what l'm asking is if you read the contract and it's the sticking points in each contract. What is the section of that contract and can we have copies of that section? TOWN ATTORNEY TASKER: I think that was all addressed in my letter to Councilman Schondebare. MRS. SKABRY: Do you remember? COUNCILMAN SCHONDEBARE: A year ago? Of course not. TOWN ATTORNEY TASKER: Several months ago. COUNCILMAN SCHONDEBARE: You want a copy of it? I'll dig in my airport file, which is about yea thick and give you a copy of it. MRS. SKABRY: Narrower than the one in the office. All right, I'll take a look and if it's not the right one, then I'll try to come back and clarify it for you on the 27th. Thank you. And have a Merry Christmas and Happy New Year. SUPERVISOR MURPHY: Thank you. You too. Anyone else like to address the Town Board? If not, I would like to also wish everybody a very pleasant holiday season and the best for the New Year and I think we echo the sentiments of all Town Hall employees. At this time I think we're due for a resolution to adjourn. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 3:55 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Judith T. Terry ~ - Southold Town Clerk