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HomeMy WebLinkAboutTB-01/17/1984SOUTHOLD TOWN BOARD January 17, 1984 WORK SESSION Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr., Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Council- man James A. Schondebare, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean. 12:30 P.M. - The Board audited outstanding vouchers. 1:00 P.M. - Supervisor Murphy explained the background of the ongoing Captain Kidd water problem. Mr. Steve Tsontakis, owner of the Captain Kidd Water Company, who was present in the audience (as were several residents of the Captain Kidd area) concurred with Supervisor Murphy's statement that he wants to sell the water company immediately or he will be forced to shut down. Mr. Tst0ntakis said that the H2M study of a proposed water district was good, but incomplete because it failed to look to other areas for money to repair the system. He said the Public Service Commission's estimated value for the company of $45,000.00 was for rate making purposes only. In his opinion the value is over $230;000.00. Under the H2M study the Town agreed $91,000.00 would be a fair price for the company. Mr. Tsontakis said that he has contracted with Greenport Village Superintendent of Utilities James Monsell to make repairs on the leaks in the pipes and the work is supposed to be completed by January 20th. He is presently applying to the Public Service Commission for a one-time surcharge of $20.00 per customer to install a new pump to insure that a second well will be available for use during the summer. A discussion was held concerning the next steps toward forming a water district and Supervisor Murphy will ask Sam McLendon of H2M to further scale down the proposal. This matter will again be discussed on January 31st, and in the meantime Supervisor Murphy will contact the New York State legislators to determine if grant funding is available. Work Session Agenda Item 2 (Suffolk County Article 7 of the Sanitary Code). Supervisor Murphy will represent the Town and speak in favor of proposed Article 7 - Water Pollution Control - at the January 25th meeting of the Board of Health. Councilmen were asked to submit comments before the 25th. Work Session Agenda Item 3 (Senate Bill 6978, an act to amend the Town Law, in relation to setting fines for violation of town zoning ordinances). The Board ~avors the proposed amendment to the Town Law, and a resolution of support will be placed on the January 31st agenda. Work Session Agenda Item 4 (Electric Power). Supervisor Murphy would like to establish a committee to study alternate sources of electric power in the Town of Southold, possibly the formation of a Southold Utility District. He will also prepare a petition for circulation throughout Southold Town on this proposal. The Board discussed the establishment of a Consortium of Municipal Rate Payers in Nassau and Suffolk Counties as endorsed by the Suffolk Town Supervisors' Association. A resolution to allocate $500.00 toward this consortium will be placed on the January 31st agenda. Work Session Agenda Item 5 (Lease of Elizabeth Airport, Fishers Island). The ongoing negotiations concerning a proposal by Richard Grebe to retain his lease of Elizabeth Airport was discussed. Justice Edwards stated there would be a recommendation from the Board of Commissioners of the Fishers Island Ferry District forthcoming in the next week or so. Communications from Yankee Airways and Bouton Services, Inc. were available to the Board concerning their dissatisfaction with the negotiations between the Ferry District and Mr. Grebe. The Board also discussed the proposed lease of two buildings on the airport property as outlined in Resolution No. 42 on the regular meeting agenda. Work Session Agenda Item 6 (Cablevision). Supervisor Murphy stated there has been a proposal to begin negotiations on the Cablevision contract which expires in March 1985. The Ten Town Supervisor's Association will be discussing this again later in the week, as Southold Town is not the only town with a Cablevision franchise and other towns as well have expressed dissatisfaction with the service and response from Cablevision. Work Session Agenda Item 7 {Office hours for the Office of Receiver of Taxes). It was the unanimous decision of the Town Board that the Office of the Receiver of Taxes should remain open from 9:00 A.M. to 5:00 P.M.r the Town Hall office hours, but Mr. Mellas may reduce the number of employees in that office during those hours as he determines feasible. Work Session Agenda Item 8 (Farmland Preservation Local Law). It was agreed by the Board members that the proposed Local Law to provide for the acquisition of development rights in agricultural lands should go to a public hearing as soon as possible. Supervisor Murphy will ask the Farmland Committee to meet and review the proposed Local Law and make comments prior to the next Board meet- ing on January 31st, so the Local Law may be revised, if necessary, and a date can be set for a public hearing in February. Letters to farmland owners advising them of the program, and an informational hearing cannot be held until the Local Law has been adopted. Work Session Agenda Item 9 {Sound Avenue project). The payment of a bi!l from contractor John T. Montecalvo, Inc. can now be paid once the Town receives conformation from engineers Holzmacher, McLendon & Murrell, P.C. Work Session Agenda Item 10 (Landfill). Supervisor Murphy advised the Board that a reasonable proposal has been received (Resolution No. 12(a) on the regular meeting agenda) for aerial photographs of the landfill site, which are essential to the preparation of a Part 360 operating permit application by H2M. Further, the Board reviewed the proposal for preparation of the aforementioned application by H2M and agreed to accept their proposal for services [Resolution No. 12 on the regular meeting agenda). Councilman Townsend submitted a new position duties statement for the proposed manager of the landfill site. Although the Board would like to advertise for resumes for the positionwhich should be filled as soon as possible, the duties statement will have to be sub- mitted to the Department of Civil Service for classification. This will be done as soon as possible, with the hope a resolution to establish the position and call for resumes can be placed on the January 31st agenda. Work Session Agenda Item 11 (Town Attorney's Office). Supervisor Murphy stated he was not ready to discuss the Town Attorney's office at this time as he had been ill and unable to meet with Town Attorney Tasker for a discussion on the subject. Councilman Stoutenburgh mentioned a recent letter from the North Fork Environmental Council, in conjunction with the League of Women Voters, asking that the Board consider meetings in the individual hamlets to discuss the Master Plan~ Councilman Stoutenburgh felt this was a good idea, and Supervisor Murphy said he would call Stu Turner of RPPW, the master planners, to suggest'cha1~ thisbe done and how soon these meetings could take place. 2:55 P.M, - Work Session adiourned. REGULAR MEETING 3:00 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, January 17, 1984, at the Southold Town Hall, Main 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 Town Clerk Judith T. Terry. Town Attorney Robert W. Tasker Superintendent of Highways Raymond C. Dean Moved by Councilman Stoutenburgh,~secoqded by Councilman Schondebare, it was RESOLVED that the following aucJi~':~j-i:i~ ?~1~* ~id hereby are approved for pay- ment: General Fund Whole Town bills in the amount of $24,765.02; General Fund Part Town bills in the amount of $16,458.92; Highway Department bills in the amount of $21,109.61; Fishers Island Ferry District bills in the amount of $51,826.02; Federal Revenue Sharing Fund bills in the amount of $2,520.00; and Capital Account Landfill Building & Equipment bills in the amount of $15,275.7I. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the minutes of the regular Southold Town Board meetings of December '20, 1983, ~ber 27, 1983 and January 3, 1984, and the organiza- tional'meeeting of January 3, 1984 be and hereby are approved. Vote Of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice 'Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, January 31, 1984 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The agenda will be made up on Thursday, and it should be available on Friday morning, most of the time by noontime, which will give you the start and the list of the work session. We'll try to control it that way, anyone special coming in, anyspecial projects, so that the Board Will know and the people in the Town will know. I. REPORTS 1. Town Clerk's monthly report - December 1983. 2. Town Clerk's annual report- 1983. SUPERVISOR MURPHY: I'd like to remind everybody these are available for anyone to read at any time in the Town Clerk's Office. On the Town Clerk's annual report I would like to just point out the sale of sand in the landfill came to $52,928.00 which is quite a sizable piece of money. And to give you a little bit of an idea of her activity, she took in $124,600.19 in Whole Town, $117222.52 in Part Town, and disbursed $241,822.71. She was a very busy Town Clerk and a very good one. Paul, you have a comment? COUNCILMAN STOUTENBURGH: i was just going to say, I think some of the fees were not the full fee on our dumps too, didn't you increase those fees?' SUPERVISOR MURPHY: Yes. COUNCILMAN STOUTENBURGH: And I think a lot of people are still utilizing the old fees. SUPERVISOR next year. 3. North 4. Town 5. Town MURPHY: We will pick this up. We should have an increase Fork Animal Welfare League's monthly report - December 1983. Justice Price's monthly report-December 1983. Trustee's monthly report - December 1983. 6. Town Trustee's annual report - 1983. They received~-took in for permits $7,062.88 this year. 7.(a) Building Inspector's monthly report - December 1983. 7.(b) Building Inspector's annual report - 1983. To give you an idea of the amount of volume--most all of us know that there is quite a bit of activity going around--191 new dwelling permits, 219 additions, 8 businesses, 10 additions to business, 236 miscellaneous applications. A total value of $17,998,709.00. They also were very busy this year. 8. Town Historian's annual report - 1983. She did a fantastic job, as usual, for the Town this year. 9. Town Justice Tedeschi's monthly report - December 1983. I0. Grants Program report - December 1983. We could be very proud of this. This has helped do a tremendous amount of work for the Town that we would never have been able to qualify or be able to do--never afford to do, and I think we're doing very well in this department. 11. Police Department's monthly report - December 1983. 12. Councilmen's reports. Jay do you have anything? COUNCILMAN SCHONDEBARE: None, Frank. SUPERVISOR MURPHY: Joe? COUNCILMAN TOWNSEND: ! just thought' on the Police Department's report you might mention, as both of us are members of the Committee, that there was a net reduction in many many areas, significant areas, like felonies and major crimes. Overall incidents, however, went up, disturbances and minor things, but also our incidents of case solving is some 7% higher than the national average. I don't know what that really means in terms of what it was last year and so forth, but we're doing better than the national average. As you I~now our County Executive has been pushing on DWI's, which I think is very important. AS far as my report goes,lfirstly I attended a meeting of the Historic Landmark Preservation Commission and by next month they plan to have the first list of houses they wish us to declare historic landmarks. These houses are primarily going to be houses that were built prior to 1815. Most of them houses that were built in the early 1700's. They may not be able to get that far, but they're going to try to. They still have to visit all the owners and get permission and so forth, but in February some time they want to come to us so that we can schedule a hearing for that. Secondly, if you weren't here for the work session, we are workin9 on a iob description for many and varied activites of the manager of the landfill. Hopefully Frank will be authorized to send out for resumes or advertise for jobs by the next meeting. Lastly, at the last meeting I asked for a resolution to go for a special election, which I thought a good time to dO it would be the primary day, but apparently that's illegal. It's a long and involved process in going to the Suffolk County Department of Elections and the State, it turns out that the primary is to be held solely for the purpose of selecting delegates to the Presidential Convention. It can't be used for anything else, so I asked Bob to help me write up a resolution requesting Governor Cuomo to schedule a special election considering we have so many important things that should be ruled on by a full Town Board, the Master Plan as an example. Since it is difficult to come to a decision where you have only five members and you need a four member majority and in zonir~g decisions where you need a four member majority plus one, that makes it a unanimous vote. Sometimes it's: very difficult to come to a decision, so I see that it is on the agenda today and we'll be voting on it. That's all I have. SUPERVISOR MURPHY: Thank you. Paul. COUNCILMAN STOUTENBURGH: Being new on this Board I took the opportunity to mix a little business with pleasure and went down to H2M new office building and was taken for ~ tour and was quite impressed with their facilities and was briefed on the two major projects that they are working on now, the Town dump, of course, and our scavenger waste program, and it gives ~me more and more of a feeling that this Town is headed for more complications and therefore a planner in the future is going to be ~lmost a necessity for this Town. I have nothing more to report. SUPERVISOR MURPHY: Judge Edwards? JUSTICE EDWARDS: Nothing, thank you. SUPERVISOR MURPHY: The Supervisor's report. We had a very busy two weeks. Captain Kidd Water took quite a bit of time, and also the Article 7 with the Department of Health. There is a resolution in today for going out to bid for the Scavenger Waste Treatment Plant. This is a big step forward for the Town and a tremendous improvement and one that's going a long way to solve.our problems of contaminating the water. The planning man--the consultant, or however we're going to do it--I've got several letters going out. We contacted eight or ten different people and we have a lot of names starting to come in to the Town. As soon as we compile this list we will set up a committee to interview these people and one of the big emphasis will be on water managment as well as planning. That's about it. I'd like to move on to public notices. II. PUBLIC NOTICES SUPERVISOR MURPHY: 1. Application of Anthony Tamburrino, 85 Watersedge Way, Southold, to construct a groin in Hog Neck Creek, Little Peconic Bay, and all comments regarding this permit must be prepared in writing mailed to reach this office (U.S. Army Corps of Engineers) before the 30th day.of January 1984. This, I might add, is posted on the Town Clerk's Bulletin Board here for anyone to see. 2. U. S. Army Corps of Enqineersf (application of Coastal Farm~, Inc.) to place approximately 100 timber shellfish racks in a 900 foot by 600 foot area extending approximately 500 to 1100 feet offshore in Gardiner's Bay, Shelter Island Sound. Comments are requested within 20 days of the date of this letter, which is January 5th. Again, this is posted on the Town Clerk's Bulletin Board. JANUARY 17, 1984 II1. COMMUNICATIONS SUPERVISOR MURPHY: 1. From the Department of State, State of New York, and it's a copy of a letter that was sent to Shirley Bachrach. League of Women Voters and it took the Town to task for having a closed session when we really shouldn't have had an executive session. We will do our best to see that this doesn't happen again and I'm glad that somebody took the interest to find out and tell us that we were wrong and we'll be the first to admit it. IV. PUBLIC HEARINGS - Scheduled to begin at 3:30- Michael Carlucci, Wetland ;Application, and 3:32 - Grace A. Finora, Wetland Applicatioh. V; RESOLUTIONS Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Raymond C. Dean as Commissioner of Public Works for the Town of Southold ¥or the term beginning January 1, 1984 and ending December 31, 1985, and be it further RESOLVED that the salary of Raymond C. Dean, Commissioner of Public Works for the Town of Southold be set at $3,000.00 per annum, and that the same shall be paid in regular semi-monthly payments, and be it. further RESOLVED that thge Town Clerk be and she hereby is instructed to file such certificates with the proper parties as are required by Section 30, Subdivision 3 of the Town Law. COUNCILMAN SCHONDEBARE: Discussion on that. SUPERVISOR MURPHY: Yes. COUNCILMAN SCHONDEBARE: You came up the last time with this. Have we decided we're going to do this now with with the Department of Public Works? SUPERVISOR MURPHY: I think we should myself. COUNCILMAN TOWNSEND: What happened was, I think, basically ! was trying to determine whether it would be more appropriate to put the new head of the landfill in as a Commissioner of Public Works and maybe separate the duties, but the Public Works duties are so varied, involving things other than the landfill, that at this point I think we should do this and maybe wait next year i~ we ha~et0 do something lil~e that, ~)ut I think it's just that we have designated in the budget so many different things for Public Works that we'd have an impossible lob finding someone that could take that. COUNCILMAN SCHONDEBARE: Because right now we're trying to find someone to supervis~ the landfill. / COUNCILMAN TOWNSEND: Right. COUNCILMAN STOUTENBURGH: May i ask a question in reference to the $3,000.00. [ wasn't here when that was granted. Was that granted because of the landfill? In other words the extra duty of the landfill particularly? SUPERVISOR MURPHY: I believe it would be the extra duties--he's in charge of street lights-- COUNCILMAN STOUTENBURGH: I understand it, but it wasn't the landfill? SUPERVISOR MURPHY: No, not the landfill. COUNCILMAN TOWNSEND: Paul, the $3,000.00 figure comes from--that's the highest amount that we could pay, I think, a non-competitive position and $3,000.00 was a way of compensating Mr. Dean for all those things, but basically probably--maybe this is improper--but most of his salary is paid through the Highway Department. COUNCILMAN STOUTENBURGH: My only point was if it was for the T~)~vn-- Dump or the landfill area and we're hiring somebody else, I would think that there would be no need for paying the $3,000.00. COUNCILMAN TOWNSEND: But there's all sorts of other activities involved. COUNCILMAN SCHONDEBARE: But we need somebody to take care of the other activities first. SUPERVISOR MURPHY: Yes. 440 ~ANUARY Z?, 19~'~< COUNCILMAN SCHONDEBARE: Okay, fine. COUNCILMAN STOUTENBURGH: Okay. SUPERVISOR MURPHY: Anyone else have any comments or questions? (No response.) Okay, we're ready to vote, Judy. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 (appointment of a Town Attorney), I apologize for this, I would like to ask that this be withheld for two weeks and put it on again. I would like to meet with Mr. Tasker and discuss this with him and I it's not proper right now. I request that we hold it, unless someone has an objection. COUNCILMAN SCHONDEBARE: I object, obviously, but I know we're not going to have enough votes to do it anyway, so we're spinning our wheels again. So, you want another two weeks, Frank? SUPERVISOR MURPHY: Yes. COUNCILMAN SCHONDEBARE: I know Paul wanted two weeks two weeks ago so he could have the figures to check into it. SUPERVISOR MURPHY: I've got some figures I'd like to talk to Bob--- COUNCILMAN SCHONDEBARE: We're two weeks later and now you want another two weeks.. SUPERVISOR MURPHY: I'd like to talk to Bob. I had intended to talk to Bob on Friday and I wasn't able to come in. It was my fault. COUNCILMAN SCHONDEBARE: All right. SUPERVISOR MURPHY: Okay? COUNCILMAN SC.HONDEBARE: Certainly. SUPERVISOR MURPHY: We move on to Number 3 to grant IIene Pfifferting her Step II salary increment. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby grants Ilene Pfifferling, Clerk-Typist in the office of the Town Trustees an---~---' Community Development Agency, her Step 11 salary increment in the amount of $500.00, effective February 1, 1984. SUPERVISOR MURPHY: Anyone have any comments on that? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southotd hereby sets 8:00 P~M., Tuesday, March 13, 1984, Southold Town Hall, Main Road, Southold, 'New York as time and place for hearing upon the petition of Louis Hodor and Max Staller for relief from the Bulk Requirements of the Zoning Code of the Town of Southold, pursuant to Section 100-31A thereof, with reference to application for a major subdivision entitled, "East Marion Woods, Section I", on certain property containing 25.100 acres on the west side of Rocky Point Road, East Marion, New York. SUPERVISOR MURPHY: Ray, I'd like to add that the cost of the advertising to be paid by the petitioner. JUSTICE EDWARDS: The cost of the advertising to be paid by the petitioner. COUNCILMAN SCHONDEBARE: I'll second that as so amended. SUPERVISOR MURPHY: This came about because these people claim they were not notified in time and we are going to redo it, but they will pay the cost. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. JANUARY 17, 1984 441 COUNCILMAN TOWNSEND: Just a point ,of interest on this thing. We did have a hearing, it was--parties spoke. ~i~:~'iitiy, according to the applicant, they didn't receive notice of it--direct notice--which is not our responsibility, but we normally send out. TOWN CLERK TERRY: We did. COUNCILMAN TOWNSEND: I wanted to know--I mean, if we wanted to vote on this thing, based on what we knew, we could go ahead and vote on it, right ? SUPERVISOR MURPHY: Yes. We have no legal obligation, Joe, to do this. We're doing this out of courtesy to the lawyer who we know if he said he didn't get it, he didn't get it. COUNCILMAN TOWNSEND: So, is there any way in the future--what I'm thinking of is in the future maybe we should try--! know it costs a lot to send things return receipt, but it seems to me--do we have to send notice, Bob? TOWN ATTORNEY TASKER: No. COUNCILMAN TOWNSEND: We don't have to send notice then? TOWN ATTORNEY TASKER: COUNCILMAN TOWNSEND: TOWN ATTORNEY TASKER: has ever happened. TOWN CLERK TERRY: SUPERVISOR MURPHY: No. So this is just a common courtesy. Could we be-- This is the only time that I ever recall that this It was during Christmas mail time. So it's a pretty good average, Joe. COUNCILMAN TOWNSEND: I just want to know that people--for instance, if somebody has a real objection to this and they want to take us to court for having two hearings on it, can they do that? Should we rule on the first one and then allow another one or how does that--- COUNCILMAN SCHONDEBARE: We had a hearing and we closed the hearing. In fact, some people spoke in opposition to it, so they'll have to come back and speak in opposition to it again. It was you, yes, Ruth, it was you. SUPERVISOR MURPHY: in fact the comments she made were, I believe, were that-they showed no interest. Moved by Justice Edwards, seconded by Supervisor, Murphy, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not-have a significant effect on the environment. Description of Action: Application of Steve Tstontakis, on behalf of Thomas and Jacqueline Occhiogrosso, for a Wetland Permit to construct single family dwelling and provide access for construction, driveway and off street parking on the west side of Corey Creek Lane, Lot #28, Map of Corey Creek Estates, Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental Assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustee and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. SUPERVISOR MURPHY: Any questions on the resolution? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor-Murphy. This resolution was declared duly ADOPTED. e Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby sets 3.'30 P.M., Tuesday, February 14, 1984, Southold 'fown Hall, Main Road, Southoid, New York as time and place for hearing upon the application of Steve Tsontakis, on behalf of Thomas and Jacqueline Occhiogrosso, for a Wetland Permit to construct single family dwelling and provide access for construction, driveway and off street parking on the west side of Corey Creek Lane, Lot .~28, Map of Core¥ Creek Estates, Southoldr New York. SUPERVISOR MURPHY: Anyone have any questions on it? (No response, l Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to set salaries of the Conservation Advisory Council and the Board of Assessment Review. Moved by Councilman Schondebare, seconded by Supervisor Murphy, WHEREAS, it is required by Section 27, Subdivision I of the Town Law that the Town Board fix, from time to time, the salaries of the officers and employees of the Town, whether elected or appointed, and ~determine when the same Shall be payable, now, therefore, be it RESOLVED that the salarie~ of the members of the Conservation Advisory Council and Board of Assessment Review be and they hereby are fixed as follows for the calendar year 1984: CONSERVATION ADVISORY COUNCIL Frank Cichanowicz, i11- .............. $20.00 Rachel C. Duell .... --$20.00 Robert Hood ......................... $20.00 William Ruland ....................... $20.00 Betty Wells ........... $20.'00 John B. Tuthill .................. ~----$20.00 Martin H. Garreil .................... $20.00 BOARD OF ASSESSMENT REVIEW Samuel A. Manarel ................... $50.00 Ernest G. Radford ................... $50.00 Samuel S. Markel $50.00 William Weinheimer-' $50.00 Andrew S. Pitre ..................... $50.00 And be it further RESOLVED that these salaries shall 1, 1984, and the same shall be paid in monthly payments, RESOLVED that the Town Clerk be instructed to file such proper parties as are required by Section 30, Subdivision SUPERVISOR MURPHY: Any questions? (No response.) per meeting per meeting per meeting per meeting per meeting per meeting per meeting per meeting per meeting per meeting per meeting per meeting be effective as of January and be it further certificates with the 3 of the Town, Law, Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to appoint Sam Manarel as a member of the Southold Town Board of Assessment Review. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it wa~s RESOLVED that the Town Board of the-'Town of Southold hereby appoints. Samuel A. Manarel a member of the Southold Town Board of Assessment Review, effective January 9, 1984 through January 9, 1989. SUPERVISOR MURPHY: Any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: It's 3:30, I move to recess. We'll have our two public hearings and then come back to the regular Town Board meeting. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 3:30 P.M. for the purpose of holding public hearings on the wetland applications of Michael Carlucci and Grace A. Finora. Meeting to reconvene following the public hearings,. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. JANUARY 17, 1984 Meetin9 reconvened at 3:40 P.M. SUPERVISOR MURPHY: Resolution No. 9 is to appoint members of the Board of Review for the Southold Town Fire Code. 9. Moved bY Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followin9 individuals to the Review Board under the Southold Town ~-ire 12. Code, effective February 1, 1984 through February 1, Kenneth Edwards, Fishers Island Fire District Edward Loper, Orient Fire District Daniel Dzenkowski, East Marion Fire District Bernard Heaney, Greenport Fire Department James B. Drumm, Southold Fire District Vincent Wieczorek, Cutchogue Fire District fGeorge Lessard, Sr., Mattituck Fire District 1985: SUPERVISOR MURPHY: Any questions On this? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declar~ed duly ADOPTED. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the _application of Esther & Eric Muehlbauer and Leah K. Indelman for a Wetland Permit on certain property located at the south side of Fleetwood Road, on East Creek, Cutchogue, New York. SUPERVISOR MURPHY: Any questions on this? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 we're going to hold. We've been waiting for the bill for this and we haven't gotten it yet. What happened was last fall the lights were kept on longer then they were supposed to and the Town Board, last year, did not wish to pay this and we're trying to get it resolved. We were supposed to have the bill in here and it's not. So we can't act on it. (Approve payment of bill for electric charges by the Village of Greenport for the use of lights on the polo grounds, Moores Lane, Greenport, by the North Fork Midget Football Team during the fall of 1983.) Moved by Councilman Townsend, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to enter into an agreement between the Town of Southold and Holzmacher, McLendon & Murrell, P.C. for the following engineering services in connection with the Landfill Site, Cutchogue, New York: PHASE I. 1. Preparation of a Part 360 operating permit application. 2. Preparation of an application for a variance from one or more specific provisions of Part 360. Cost of Phase I, as outlined above, not to exceed $2,800.00. PHASE 11. 1. Preparation of a landfill operations plan. Cost of Phase II shall not exceed $6,900.00. AND BE IT FURTHER RESOLVED that $3,500.00 of the above costs shall be paid from Year IX Community Development Funds, and $6,200.00 from Federal Revenue Sharing Funds - Waste Management; and those funds which are not used in 1984 shall be encumbered for the abovementioned Holzmacher, McLendon & Murrell, P.C. engineering services. SUPERVISOR MURPHY: Any questions on this? Jay, did you have a question? COUNCILMAN SCHONDEBARE: No. SUPERVISOR MURPHY: Joe? COUNCILMAN TOWNSEND: No. SUPERVISOR MURPHY: Anyone else? COUNCILMAN TOWNSEND: Just one question, the aerial plar~-- TOWN CLERK TERRY: That is the next resolution. 443 4.44 JANUARY 17, 1984 Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution' was declared duly ADOPTED. 12. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was (a) RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Geomaps, Inc. to provide aerial photographs of the Southold 13. 14. 15. Town Landfill Site at 1"=100' showing 2' contour intervals, at a cost not tO exceed $1,520.00; and be it further RESOLVED that this $1,620.00 Shall be paid from Federal Revenue Sharing Funds - Waste Management. SUPERVISOR MURPHY: Any questions on it? Move the vote. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is transfer of funds on Fishers l"sland. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes the following transfer within the Fishers Island Ferry District 1983 Budget: From: Operation Ferry $13,000.00 Into: Repai rs Docks $13,000.00 SUPERVISOR MURPHY: Any questions on it? Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes, the Board of Commissioners of the Fishers Island Ferry District to encumber the following funds from the 1983 Fishers Island Ferry District Budget: Repairs Ferry Purchase order no. 0840283 for replacement of damaged propeller. Essex Machine Works, Essex, CT. Operation Ferry Navigation Light and solar panel to replace light lost 11/19/83. Automatic Power, Houston, TX. Operastion Ferry Fuel oil received but not yet invoiced. Spicer Fuel, Groton, CT. Repairs Docks Dolphins ordered to replace two destroyed in heavy wather at Fishers Island. Whaling City Dredge & Dock, Groton, CT. 2,500.00 008.70 1,429.70 $I 7,781.00 SUPERVISOR MURPHY: Any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to authorize the Board of Commissioners of the Fishers Island Ferry District to assume full control of the operation o~ its ferry vessels and terminal facilities. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, the Fishers Island Ferry District, in accordance with Chapter 699 of the Laws of New York 1947, as amended, Section 3, has been contracting for the independent operation of the Fishers Island Ferry vessels, and WHEREAS, the current contract between the Fishers Island Ferry District and Mark B. Easter of Gager Road, RFD 1, Fitchville, Connecticut expires on January 14, 1984, and WHEREAS, it is the decision of the Board of Commissioners of the Fishers Island Ferry District not to enter into a contract for the independent operation of its ferry vessels upon the expiration of the current operating contract on January 14, 1984, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes JANUARY 17, 1984 '~-~i~'~'~' ~ .... the Board of Commissioners of the Fishers Island Ferry District to assume full control of the operation of the ferry vessels and that all personnel involved 16. 17. in any capacity with the oepration of the vessels or the terminal facilities located at New London, Connecticut and Fishers Island, New York, shall be employees of the Fishers Island Ferry District, and the District is hereby granted permission to discontinue the practice of contracting for the independent operation of its vessels and to ,proceed with the process of organizing its operation and the hiring of its personnel. SUPERVISOR MURPHY: Any questions on it? COUNCILMAN TOWNSEND: This is basically taking it away from the bid process? SUPERVISOR MURPHY: Yes; and they are all going into civil service, it's all been cleared, the job titles have been described and salaries have been set. They feel it's in their best interests to do this. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is a maintenance agreement. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Supervisor be and he hereby is authorized and directed to execute a maintenance agreement between Gestetner Corporation and the Town of Southold for the maintenance of the duplicator and mimeograph machines at the Southold Town Police Headquarters for the period January 1, 1984 through December 31, 1984 at a total cost of $560.00 for both machines. SUPERVISOR MURPHY: Any questions? (No response.) This is one that the Police Department likes to use--would rather use. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to authorize and execute the agreement between the Town and the County on the Senior Nutrition Program. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to execute an agreement between the Suffolk County Office for the Aging and the Town of Southold for the I984 Senior Nutrition Program. 445 SUPERVISOR MURPHY: Any questions on this? COUNCILMAN TOWNSEND: Yes. How does this compare with last year's budget ? SUPERVISOR MURPHY: It's a little better. It's one that Bill and Vee McKeighan negotiated with Adelaide Silkworth. COUNCILMAN TOWNSEND: And this is the amount of funds-~we're putting up a percentage of the funds. SUPERVISOR MURPHY: We put up some funds, yes. COUNCILMAN TOWNSEND: Yes. How is our percentage? What is the amount compared to last year and so forth? SUPERVISOR MURPHY: Just the exact same.. The only increase we have is that salary increase for Mrs. Mysliborski which we pick up. COUNCILMAN TOWNSEND: But the county is increasing their--- SUPERVISOR MURPHY: Yes. COUNCILMAN TOWNSEND: That's great, i know that--- SUPERVISOR MURPHY: We've done very well and they're very happy with the program we have down there. COUNCILMAN TOWNSEND: It's been said over and over again and i'!1 belabor the point, that this is one of the best programs in the county. I think the county realizes that and they're finally increasing their subsidy for it. It's most well attended and the food they put out is the best. SUPERVISOR MURPHY: Any other questions on it? (No response.) Move the vote, Judy. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburqh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to for the Southold Town Board to authorize Supervisor Murphy and the Town Clerk to execute any and all required documents for the purpose of acquisition of real property from the U. S. Government located at Fishers Island. JUSTICE EDWARDS: This is-the sale of stock. SUPERVISOR MURPHY: Oh, yes, this the sale of stock. I'm sorry. TOWN CLERK TERRY: You're going to have three or four of those today. SUPERVISOR MURPHY: Yes, okay, this is the sale of stock to help raise the money for this property. Do you want to read the resolution, Ray? 18. Moved by Justice Edwards, seconded by Supervisor Murphy, WHEREAS, Edmund N. Carpenter II has donated 378 shares of Exxon stock, valUed at $13,838.10, to the Town of Southold for the purposes of acquisition of real property from the United States Government and located at Fishers Island, New York, and WHEREAS, the brokerage house Merrill Lynch Pierce Fenner & Smith, Inc.~ has requested that appropriate forms be executed by the Town of Southoid for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and the Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to Merrill Lynch Pierce Fenner & Smith, Inc. in accordance with their instructions. SUPERVISOR MURPHY: Any questions on it? COUNCILMAN SCHONDEBARE: This gentleman donated $14,000.00 to the tow n. COUNCILMAN TOWNSEND: That is nothing compared to some of them. This is for the Fishers Island Ferry District property purchase. SUPERVISOR MURPHY: Total of $690,000.00 that they raised. COUNCILMAN SCHONDEBARE: They had more money and they had to.give some of it back. JUSTICE EDWARDS: ! hope this Mr. Carpenter's Philadelphia Phillies does better next year than they did last year. COUNCILMAN SCHONDEBARE: This is the place that our Judge down here lives on. SUPERVISOR MURPHY: Any other questions? JUSTICE EDWARDS: Otherwise khown as the Gold Coast. SUPERVISOR MURPHY: Yes. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 19. SUPERVISOR MURPHY: Number 19 is to reject a bid. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby rejects-the bid of Mullen Motors, Inc. for supplying the Town of Southold with one (1) 1984 Plymouth Gran Fury at the bid price of $11,470.00. COUNCILMAN TOWNSEND: What was the situation on this? COUNCILMAN SCHONDEBARE: What happened? SUPERVISOR MURPHY: The bid originally came in and it was for a high power police car and the police felt they didn't want it and we were going to negotiate, but there were too many changes in the basic car, and we felt we had to reject this police package car and go back out to bid to allow any other local dealers a chance to bid on the same type of car, and this is why we're doing it, trying to be fair. Any other questions?--There were too many changes to just ignore. JANUARY 17, 1984 Vote of the Town Board: Ayes:' C~ti~zl~'ri' S~l~ondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to authorize the Town Clerk to advertise for bids for the car that we're replacing. Hopefully it should be about $1~500.00 cheaper. 20. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for the purchase of one (1) new 1984 four door sedan for the Southold Town Police Department, as per bid specifications. Bid opening: 10:00 A.M., February 2, 1984. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 21. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Enconsultants, Inc., on behalf of Paul Kelly, for a Wetland Permit on certain property located on private right-of-way on the south side of New Suffolk Avenue, at Great Peconic Bay, Mattituck~ New York. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to go on record supporting the proposed legislation to amend the New York State ~/ehicle and Traffic Law. 22. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby goes on ~record as supporting proposed legislation to amend the New York State Vehicle and Traffic Law, Section 1645, 1654 and 1653 to assign to Suffolk County those traffic control responsibilities on County roads which are currently under the jurisdiction of the Towns and Villages, excluding the Towns of Islip, Huntington, Brookhaven and Smithtown outside of the villages therein, whereby Suffolk County would assume the responsibility for the maintenance and electrical energy costs on all traffic control signals on County roads cur-rently maintained and paid for by the Towns and on ali future signal installations on County roads, and be responsible for, and pay the costs associated with the installation, maintenance and replacement of all traffic signs on County roads, with the exception of street name signs. The Southold Town Board believes this proposed legislation would provide more effectively for the safe and orderly movement of traffic on county roads with- in the Town of Southold. SUPERVISOR MURPHY: Do you want to second that, Joe? COUNCILMAN TOWNSEND: I'll second it, but I might not vote for it. ! read the letter from the county on this and basically it just sounds too good to be true. I was wondering why the county wants to incur expenses, what's the advantage to the county other than their--do they get part of a grant, or why are they willing to do this? SUPERVISOR MURPHY: I didn't talk to Bart Cass on this, but I assume it's to make sure that they are maintained properly on the county roads, and if the signal is on their roads, so I'm sure they want it done the way it should be done. COUNCILMAN TOWNSEND: Ray, do you have any idea what it's costing us to maintain these signs, the electricity and stuff like that? SUPERINTENDENT OF HIGHWAYS DEAN: Nothing, we don't maintain signs, we only maintain traffic signals on the county road and probably--oh, there was one large bill last, I think for four or five hundred dollars. SUPERVISOR MURPHY: For the repairs. There's only the two, isn't it, Ray? SUPERINTENDENT OF HIGHWAYS DEAN: Yes, then we've got the caution lights. SUPERVISOR MURPHY: The caution light on Depot and Wickham Avenue, and then down at Westphalia. SUPERINTENDENT OF HIGHWAYS DEAN: And we've got one down in New Suffolk that is ours anyway, because that's on a Town road. So, probably about five or six hundred dollars is the cost to maintain them, but they did this about seven or eiqht years ago when they finished the dual highway up in Southold, all of-a sudden they came out and said the Town has tO maintain the street lighting and we bought it because we wanted them to replace the street light at the end of Peconic Lane. And they said, "No, ~we don't maintain lights anymore," and we had a price and it cost about twenty thousand dollars to put a street light up there. COUNCILMAN TOWNSEND: I don't think it's street lights they're talking about. SUPERVISOR MURPHY: Not sl~reet lights, Joe, he means traffic signals. SUPERINTENDENT OF HIGHWAYS DEAN: Traffic signals. So~ probably some- where, like you say, Joe, ~here's some grant they got and they're working it out that way, so let them take care of it. COUNCILMAN TOWNSEND: It's probably advice of their attorneys and they figure if there's an accident~-- SUPERINTENDENT OF HIGHWAYS DEAN: Let'them maintain them. SUPERVISOR MURPHY: We probably should never had to do it. COUNCILMAN TOWNSEND: Undoubtedly. Now when they decide we don't have to pay the court stenographers anymore--- SUPERVISOR MURPHY; Paul, do you have any questions on it? COUNCILMAN STOUTENBURGH: No, I just asked Bob if he had 'anything on this. TOWN ATTORNEY TASKER: No. We have always felt, in the past, that they are county highways and the county ought to take care of them, including the traffic signals, but the law imposed it on the Town. This is going to change it, and we'll save some money. SUPERVISOR MURPHY: I think it will be much better for tl~e Town. They have the knowall and all to do a much better job than our part-time Commissioner has. All set? Want to vote on it? Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is to approve the bond of Ray Doyen. 23. Moved by Justice Edwards r seconded by Supervisor Murphy, it was RESOLVED that Bond No. 73S-73000688 BCA (73S-688) issued by The Aetna Casualty and Surety Company in the sum of $4,000.00, on behalf of Raymond Doyen, Commissioner-Chairman of ithe Fishers Island Garbage and Refuse District, for the term beginning January 1, 1984 and ending December 31, 1984, be and the same is hereby approved as to form, manner of execution, and sufficiency of sureties therein. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 24. SUPERVISOR MURPHY: Number 24 is to approve the bond of Ken Edwards. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that Bond No. 73S-73014817 BCA (73S-14817) issued by The Aetna Casualty and Surety Company in the sum of $4,000.00 on behalf of Kenneth L. Edwards, Secretary-Commissioner of the Fishers Island Garbage and Refuse District, for the term beginning January 1, 1984 and ending December 31, 1984 be and the same is hereby approved as to form, manner of execution and sufficiency of sureties therein. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is approve the bond of Albert Dawson. JANUARY 17, 1984 25. Moved by Justice Edwards, seconded by COunCilman Schondebare, it was RESOLVED that Bond No. 73S-I00007028 BCA (73S-17526) issued by The Aetna Casualty and Surety Company in the sum of $20,000.00 on behalf of Albert D. Dawson, Commissioner-Treasurer of the Fishers Island Garbage and Refuse 26. District~ for the term beginning January 1, 1984 and ending December 31, 1984, be and the same is hereby approved as to form, manner of execution, and sufficiency of sureties therein. SUPERVISOR MURPHY: Any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to sell some more stock. Moved by Councilman Schondebare, seconded by Councilman Townsend, WHEREAS, Mark Andrews has donated 1250 shares of American Exploration stock to the Town of Southold, valued at $6,875.00, for the purposes of acquisition of real property from the United States Government and located 27. at Fishers Island, New York, and WHEREAS, the brokerage house Rotan Mosle, Inc. has requested that appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and the Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purposes and then transmit the same to Rotan Mosle, Inc. in accordance with their instructions. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number .27 is to set a public hearing on an appeal. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby sets 3:30 P.M., January 31, 1984, Southold Town Hall, Main Road, Southold, New York, as'time and place for hearing upon the appeal of Jody Adams under the Freedom of Access Law, pursuant to Chapter 73, Section 73-8 of the Code of the Town of Southold. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Yes. How does all of this come about? TOWN CLERK TERRY: You have a letter which explains exactly what Miss Adams--traffic slowdowns at which time the police check the inspection and stickers and registrations and asked the police department to give her a complete list of when these traffic slowdowns--the dates of the traffic slowdowns and what tickets were issued on those dates. The police depart- ment does not have a record of that. They are initiated, apparently, by whatever sergeant is on duty on any particular day at any particular time. COUNCILMAN SCHONDEBARE: That was communicated to her, right? TOWN CLERK TERRY: Yes, it was. COUNCILMAN SCHONDEBARE: Then why are we have a hearing on this? TOWN CLERK TERRY: Because she still wants a record of it. COUNCILMAN SCHONDEBARE: But nothing exists. TOWN CLERK TERRY: That's correct. COUNCII~MAN SCHONDEBARE: How can we have a hearing on something that doesn't exist? TOWN CLERK TERRY: She has a right to ask for a hearing under the Freedom of Information Law. COUI~CILMAN STOUTENBURGH: If she asks for it we have to give her. COUNCILMAN SCHONDEBARE: I Would imagine if we denied it, if we had the records and denied it, then i think she could ask for a hearing. If the records don't exist, how can you have a hearing on something that doesn't exist? Are we going to bring her in and tell her they don't exist? SUPERVISOR MURPHY: i think it would be easier to have the public hearing. I think we'd do much better. COUNCILMAN STOUTENBURGH: I think that's good advice. SUPERVISOR MURPHY: Want to vote on it? Vote of the Town Board: No: Councilman Schondebare. Ayes': Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is to advertise for bids for repair of a payloader for the Highway Department. 28. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Clerk of the Town of Southold be and she hereby is authorized and directed to advertise for bids for the Department of Public Works: Set in place and perform the necessary labor operations to remove and replace the transmission on the Fiat-Allis Model. 745-C. Install re- manufactured transmission, which includes all mandatory replacement parts, but excludes any major unrebuildable components, such as: housing and gear sets. Accessories net items'reqUired for installation are: C-3 oil, remote filter assembly, brackets, hoses and fittings. SUPERVISO-R MURPHY: On the question, anyone? This is the payloader down at the landfill. We've had quite a few transmissions put in. What is this going to be, Ray? COMMISSIONER OF PUBLIC WORKS DEAN: Third. Basically, every 3800 hours it seems to go. COUNCILMAN TOWNSEND: Now that we've gone to inflatable tires again, theoretically we put a lot more tires on, but a lot less transmissions, isn't that the way that works? COMMISSIONER OF PUBLIC WORKS DEAN: No, I don't really think so. COUNCILMAN TOWNSEND: Well, that was some of the information I had, that because--- COMMISSIONER OF PUBLIC WORKS DEAN: Don't believe everything you hear, ask me. COUNCILMAN TOWNSEND: You weren't here, Ray. COMMISSIONER OF PUBLIC WORKS DEAN: You have a credit card. COUNCILMAN TOWNSEND: So you don't think it was as a result of the extra load put on by the tires? COMMISSIONER OF PUBLIC WORKS DEAN: No, it's a consistent thing. It worked out almost to the hours, and we inquired about other ones and--- COUNCILMAN TOWNSEND: Think it was the manufacturers self-destruct mechanism in other words? SUPERVISOR MURPHY: And, unfortunately, we're stuck with it. COMMISSIONER OF PUBLIC WORKS DEAN: But I'm not going back to where we used to go. SUPERVISOR MURPHY: About how much money are we talking, Ray? COMMISSIONER OF PUBLIC WORKS DEAN: About five thousand dollars, probably six thousand dollars. SUPERVISOR MURPHY: Any other'questions? (No response.) Move the vote. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. JANUARY 17~ 1984 29. SUPERVISOR MURPHY: Number 29.is~!;~C4:ept a proposal from Fogarty Electric & Refrigeration. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Fogarty Electric & Refrigeration, in the amount of $2,200.00 to provide and install equipment and materials necessary to repair and improve the existing Heating, Ventilating and Air Conditionin9 System located in the west-wing basement office complex of the Town Hall, all in accordance with the proposal dated January 12,_ 1984. SUPERVISOR MURPHY: This came about from the people working down ~n the basement, the Bookkeeping Department and Historian--the air is getting very stale, it seems that the ducts were not right, some of the opening and closures were not installed properly years ago, and they are freezing closed and it's creating quite a problem for the people working down there. Hope- fully it will make safer and better working conditions. Any other questions? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is asking to rescind Resolution No. 6 that we made two weeks ago (January 3, 1984). Before we do it, Bob, do we have an answer that this is definitely so? TOWN ATTORNEY TASKER: To the best of my information the State Election Board counsel has ruled that the only purpose presidential primaries are held for is to elect delegates to the convention. COUNCILMAN TOWNSEND: I can cite you chapter and verse on that, because I got it from the state office from a fellow named Tom Zalesi, who's the Director of the New York State Board of Elections, or assistant to the director, and according to him there can be no other--but according to Section 8100 of some body of law--I assume it's the State Election Law--you can hold no other election other' than the delegation of candidates and delegates. SUPERVISOR MURPHY: I was told that you can, though. I don't know. COUNCILMAN TOWNSEND: I heard that. The reason I checked on it was because I heard from the newspaper--that came from a Patricia Buckland, and apparently she was incorrect. SUPERVISOR MURPHY: Why don't we leave this one the way it is and pass the other one, the next one. Vote on the next one also and if we could have it on that date, fine, we could have it, and if 'we can't have it-- COUNCILMAN STOUTENBURGH: Do it when we can. SUPERVISOR MURPHY: We could have have it anytime, but if we could have it on that date, it would be fine. COUNCILMAN TOWNSEND: I know it would be fine, since there are no Republicans running. That's fine. I'm certain it's illegal. I'll be happy to let it stand, except it might be a little confusing to the Governor to get two requests. SUPERVISOR MURPHY: him. I'm sure he's had more confusing things sent to COUNCILMAN TOWNSEND: ! don't care, we'll just let that one slide, if you want to verify it and then put it on the next---except we want to get this out as soon as possible. SUPERVISOR MURPHY: This will be out, Joe, tomorrow. COUNCILMAN SCHONDEBARE: What's going to be out tomorrow? SUPERVISOR MURPHY: Thirty-one. COUNCILMAN SCHONDEBARE: Thirty-one will be out? SUPERVISOR MURPHY: Sure. COUNCILMAN SCHONDEBARE: Thirty-one doesn't set a date, it just calls for the election. SUPERVISOR MURPHY: And we might be talking about the same thing. 451 452 JANUARY 17, 1984 TOWN CLERK TERRY: Am I going to be sending both of them to the Governor? COUNCILMAN SCHONDEBARE: That's what I'm getting at. Are we sending two of them at the same time? Sounds a little silly. COUNCILMAN TOWNSEND: Why don't we just--if you want to amendr why don't we continue with 30 and add Something to the other one. That way we send him one thing. That if it's legal--- SUPERVISOR COUNCILMAN COUNCILMAN COUNCILMAN MURPHY: if at all possible, for cost reasons. TOWNSEND: No~-- STOUTENBURGH: We. could save some money. TOWNSEND: I don't think it's possible--- SUPERVISOR MURPHY: And it would probably be the fastest time. We're not going to get the machines a month before a primary, you can be guaranteed that. The Board of Elections is not going to do that. And we're not going to get them for a month after the primary either, and it might be even longer if there's a challenger to anyone. COUNCILMAN TOWNSEND: Well I tell you, Frank, I have been assured that it isn't legal, but also the other reason is basically a political one, that there would be no reason for a Republican to be out on that day. SUPERVISOR MURPHY: Oh, no. COUNCILMAN TOWNSEND: You mean to say you're not doing it for political. reasons ? SUPERVISOR MURPHY: Oh· no. COUNCILMAN TOWNSEND: Well, you can sent off whatever' letter you want, with it· but I would like to repeal that one, because two would go different. You' can sent off whatever you want. If you say primary day is fine, that's fine, if it's legal, l'm sure that's what the Governor will do. SUPERVISOR MURPHY: I'd like to leave 30 stand and vote on 31 and we'll send a covering letter to the good Governor out tomorrow. COUNCILMAN TOWNSEND: I'm still going to move it. SUPERVISOR MURPHY: Okay, let's move it. Any other questions on 30? (No response.) 30. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 6 adopted at their Regular Meeting of January 3, 1984, which reads as follows: "Resolved that the Town Board of the Town of Southold hereby sends a request to Governor Mario M. Cuomo to schedule a special. election for the vacant Councilman position, said election to be held at th~ time of the Presidential Primary on April 3. 1984." COUNCILMAN TOWNSEND: This is ;going to be a case in point for the Governor. SUPERVISOR MURPHY: Any questions? Anything further you want to discuss? Vote of the Town Board: Ayes: Councilman Schondebare, Justice Edwards, Councilman Townsend. No: Councilman Stoutenburgh, Supervisor Murphy. This resolution was declared LOST. SUPERVISOR MURPHY: Number 31 is to send another message the Governor requesting this special election. COUNCILMAN TOWNSEND: We just went through the reasons, basically, Master Plant things like--- SUPERVISOR MURPHY: I think it's done very well, Joe. 31. Moved by Councilman Townsend, seconded by Supervisor Murphy, WHEREAS, the full Town Board of the Town of Southold is composed of slx members, consisting of a Supervisor, four Councilmen, and the Town Justice residing at Fishers Island, who is a member of this Town Board by virtue of the provisions of Chapter 276 of the Laws of 1977, and JANUARY 17, 1984 WHEREAS, on January 1, 1984, a va~ca~y in the office of Councilman was created by reason of the resignation' Of ~c~)ah'~ilm'~in' Francis J. Murpl~y, who ~cted Town Supervisor at the biennial town election held on ovember 8, 1983, and assumed the office of Town Supervisor on January 1, 1984, and WHEREAS, at the first meeting of this Town Board held thereafter (.n January 3, 1984, several proposals were offered by members of this board lt,) appoint various persons to fill such vacancy and none of such proposa!s re(:eived the support of a majority of this board, and WHEREAS, this board believes that it is not possible in the future 1o obtain the required four votes of this board in favor of a resolution to fill said vacancy, and WH---H-~-~-AS, the existence of said vacancy has reduced the membersh p of the Town Board to five sitting members, and the affirmative vote of at least four members of the board is required to pass resolutions, enact local laws and -P - ordinances, and conduct all other town business, and the absence , f one of the present members of this board, due to illness or other reasons will require the unanimous vote of the members present to conduct the 3usiness and affairs of the town, and WHEREAS, certain zoning actions of this board require the affirmatlve vote of a maio~ity plus one vote, pursuant to the provisions of the Towr~ Law and the Suffolk C~)unty Charter, and if the vacancy continues to exist the result thereof will be that such zoning actions of this board will require he unanimous vote of all of the present members of this board, whicht it is belt. contrary to the intent of the provisions of the Town Law and the County Charter, and WHEREAS, the Town Planning Board is presently in the final phas an update to and revision of the Comprehensive Plan for the Devel. the Town of Southoid (Master Plan) and will in the near future sul Plan to this board for its consideration and implementation, and su Plan and its implementation by this board will determine the zoning policies of the Town of Southold for the next ten years, this boar( that the implementation of said Plan by this board will constitute o most important and far-reaching decisions to be made by the Town the Town of Southold, and that by reason thereof, the interests o' and its inhabitants will be best served if such determinations are by a full Town Board, composed of six members, all of whom are by the qualified voters of the Town of Southold, and WHEREAS, this board believes that there is public support for th a special town election for the purpose of permitting the electors of Southold to vote upon the person who is to fill the vacancy in of Councilmanr as evidenced by items appearing in the local news NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Town Board hereby determines that it is unabl, vacancy in the office of Councilman of the Town of Southold by al by this board, due to its unability to obtain a vote of the majorit~ members in favor of a resolution to fill such vacancy. 2. That for the reasons hereinbefore set forth, this board that it is in the public interests of the Town of Southold and its that the vacancy in the office of Town Councilman be filled at a election called for such purpose. 3. That this board does hereby respectfully request that tl of the State of New York make proclamation of a special election l j3urpose of fillinq the vacancy in the office of Councilman of the; Southold, pursuant to the provisions of Sectgion 42 of the Public 4. .That the Town Clerk be and she hereby is authorized ar to transmit a certified copy of this resolution to the Governor of New York. SUPERVISOR MURPHY: Any questions? Any further questions? Vote of the Town Board: Ayes: Councilman Schondebare, Coun( Stoutenburgh, Justice Edwards, Councilman Townsend, Superviso This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32 is an environmental assessmen 32. Moved by Councilman Schondebare, seconded by Supervisor Murp~ RESOLVED that pursuant to Article 8 of the Environmental Conser Law State Environmental Quality Review and 6NYCRR Part 617~ S~ 617.10 and Chapter 44 of the Code of the Town of Southold, noti¢ hereby given that the Southold Town Board, as lead agency for t described below, has determined that the project, which is unlist~ not have a significant effect on the environment. Description of Action: Petition of Robert G. Norkus and Aldona relief from the Bulk requirements of the Zonin9 Code on certain F situate off Orchard Lane, approximately 450 feet easterly from Ce. Road, at Bayview, Southold, New York. The project has been determined not to have a significant ef the environment for the following reasons: ~ed, is uffolk of preparing )pment of ~mit such :h such and planning believes 3e of the Board of the town ~cted upon luly elected calling of f the Town :he office apers. to fill the )ointment of its ,elieves nhabitants )ecial town ; Governo~- )r the 'own of Officers Law. :1 directed he State of (No response.) man Murphy. ty, it was ration ction e is 3e action d, will ]orkus for roperty tar Beach :ect on 33. 34. 35. JANUARY 17~ 1984 An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the proiect be implemented as planned. Because there has been ~no response in the allotted time from the New~ York State Department of Environmental Conservation, it is assumed that there is no objection nor commentS by that agency. SUPERVISOR MURPHY: Any questions on this? (No response.) Move the vote. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards~ Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33 is also an environmental assessment. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Petition of Arthur P. Simun for relief from the Bulk Requirements of the Zonin9 Code on certain property located on the north side of Middle Road (C.R. 48), l~econic, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that~ no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the NeW York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. SUPERVISOR MURPHY: Any questions on this? (No response.) Move ~he vote. V~te of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 34 is to set public hearings. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, February 14, 1984, Southold Town Hall, Main Road, Southoldr New York, as date and place for hearings upon the following petitions for relief from the Bulk Requirements of the Zonin9 Code of the Town of Southold, pursuant to Section 100~31A thereof: 7:50 P.M. - In the matter of the petition of Robert G. Norkus and Aldona Norkus for relief from the Bulk Requiremer~ts of the Zoning Code on certain property situate off Orchard Lane, approximately 450 feet easterly from Cedar Beach Road, at Bayview, Southolcl, New York. 7:55 P.M.- In the matter of the petition of Arthur P. Simon for relief from the Bulk Requirements of the Zoning Code on certain property located on the north side of Middle Road (C.R.48), Peconic, New York. SUPERVISOR MURPHY: Any questions on this? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 35 is to purchase a sand spreader. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Superintendent of Highways to purchase one (1) Sand Spreader from the Suffolk County Contract Letting No. 71-83.4.28, described as follows: One (1) 10 ft. Hi-Way Model E-2020 with option, at a cost of $7,749.00. SUPERVISOR MURPHY: Any questions on this? COUNCILMAN SCHONDEBARE: Through the Suffolk County Contract Letting, is this one the County has---you nodded your head and I think I understand. SUPERVISOR MURPHY: Best way to go. COUNCILMAN SCHONDEBARE: Best. JANUARY 17, 1984 SUPERVISOR MURPHY: Any othe~r ~ ~ (No response.) Vote of the Town Board: Ayes: ~ouncilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 36 is one that is a long time coming and 1 would like to make it. 36. 37. Moved by Supervisor Murphy, ~seconded by Councilman Townsend, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for (1) general construction and mechanical work, (2) heating, ventilation and air conditioning, (3) plumbing, and (4) electrical, for the Town of Southoldr Wastewater Disposal District, Scavenger Waste Treatment Facility, Greenport, New York, Federal Project No. C-36-1120-03. SUPERVISOR MURPHY: Any questions on this? (No response.) Any questions from the audience on this? It's a lot of money. (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 37 is to advertise for highway equipment. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Clerk of the Town of Southold be and she hereby is authorized and directed to advertise for bids for the following items for the Southold Town Highway Department: One (1) 1984 1 - Ton Truck (complete), and One (1) 198~ I - Ton Truck Cab & Chassis. SUPERVISOR MURPHY: Any questions? COUNCILMAN TOWNSEND: Are you retiring a couple of vehicles, or is this in addition to? SUPERINTENDENT OF HIGHWAYS DEAN: One, Joe, I'll retire, another use for parts. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 38 is to set a public hearing for budget modifications. 38. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby sets 3:35 P.M., Tuesday, January 31, 1984, Southold Town Hall, Main Road, Sout---~-~Tdr New York, as time and place for a public hearing on a Budget Modification to Community Development Program Years 8 and 9. SUPERVISOR MURPHY: Any questions on it? It is a transfer of money, being that the Cutchogue Library is not going into--they will not be using their funds at the present time. COUNCILMAN TOWNSEND: One of the things that I wanted to ask you, what happened to the North Fork Theatre group funds~ unless that was not put in or disallowed or not? I wanted to get an update on that. SUPERVISOR MURPHY: ! thought it was spent, wasn't it? COUNCILMAN TOWNSEND: Looked to me like it was not spent in the last budget report I saw from Jim McMahon. SUPERVISOR MURPHY: We'll check into it. COUNCILMAN STOUTENBURGH: May I as a question. Could these funds be held, or must they be used each year? SUPERVISOR MURPHY: They can be held, but they don't like you to go three, four, five years and not spend the funds. COUNCILMAN STOUTENBURGH: The reason I say this is that Cutchogue is-- I know, ! spoke to the person who is in charge of the building program, and they-definitely are involved in a building program, and I'm wondering if we're moving too fast on this in taking this away from them. 455 40. SUPERVISOR MURPHY: No, Paul, i think we could modify another years budget and it depends--you can't do certain things with it. You might be able to help with handicapped construction. TOWN CLERK TERRY: This money was for handicapped facilities for the Cutchogue Library. COUNCILMAN STOUTENI3URGH: ! realize that, but if they put in a facility and added this--r SUPERVISOR MURPHY: We could probably do this at that time for them, and this is going back three years in their projects and they don't like the project sitting. COUNCILMAN TOWNSEND: Frank, just in addition to that, sometimes you see these housing lines, rehabilitation, and they'll be there for a couple of years and those are important to keep after. They're very difficult because of all the variables in dealings with contractors and the owners of properties and credit okays and so forth, and sometimes they tend to hang on year after year and you don't think anything is happening, but there's a lot going on. Whey're very important that we--that's, [ think, the most important project of this whole grant' program and I think that's why it was set up, and we are making progress, it just.takes a long time to do it, so that's why you see those things year after year in there. SUPERVISOR MURPHY: We are coming into--to give you an idea of the time-frame, we are coming into Year X. We are in Year X funds, but we will not be able to draw them until March of this year. Any other questions? (No response.) Move the vote. Vote of the Town Board: Ayes': Councilman Schondebare, Counciiman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared' duly ADOPTED. SUPERVISOR MURPHY: Number 39--and I'm sorry I couldn't get this out to you, but it's to set the following committees. SUPERVISOR MURPHY MADE THE FOLLOWING TOWN BOARD COMMITTEE APPOINTMENTS FOR 1984: Parks & Beaches - Coun~;ilman Stoutenburgh, Councilman Schondebare. Police - Supervisor Murphy, Councilman Townsend, Councilman Schon'debare. Disposal Area - Councilman Townsend, Supervisor Murphy, Councilman Stoutenburgh. Street Lights - Councilman Schondebare. Commerce & Industry - Councilman Schondebare. Highways - Councilman Townsend, Councilman Stoutenburgh. Planning & Water Advisory - Councilman Stoutenburgh, Councilman Townsend. Zoning, Code & Master Plan Adoption - Town [3oard. Inland Waterways - Councilman Stoutenburgh. Dog Pound - Councilman Townsend. Youth - Councilman Stoutenburgh. Farmland Preservation - Councilman Townsend. ~Taxation & Finance - Town Board. Wage & Policy - Town Board. C.S.E.A. - Town Board. Personnel - Town Board. Justice Edwards is. a member of all standing commttees as they pertain to Fishers Island. COUNCILMAN SCHONDEBARE: I want to thank you for not giving me the dump, by the way, otherwise known as the landfill. COUNCILMAN TOWNSEND: Bill Pell's favorite story was Larry Murdock and the dump, and how he cursed him for giving him the .dump and it turned out to be most--his ticket to his great political success. SUPERVISOR MURPHY: Ray, why don't you read Number 40. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, WHEREAS, pursuant to a public hearing held on October 29, 1983, the T~own Board of the Town of Southold, on November 1, 1983 adopted a bond resolution appropriating $1,400,000.00 'for the acquisition of a new Fishers Island Ferry District ferry boat to replace the existing ferry boat OLINDA, and WHEREAS, in the course of planning a new vessel and preparing specifications: therefor, the Board of Commissioners of the Fishers Island Farry District has determined that it will be in the best interests of the Ferry District to advertise for competitive bids for the main propulsion machinery for the new vessel! and thereafter_ specify, when bids for constructing the vessel are sought, that . JANUARY 17, 1984 engines will be provided by the owner,~ioow, therefore, be it RESOLVED that the Town Board of,~ n-of Southold hereby authorizes the Board of Commissioners of the Fislqers iS'i~d Ferry District to ad~ ~r competitive bids for two (2) Caterpillar ,model 3412T diesel marine propulsion engines with Caterpillar model 7211 transmissions, ratio- 3.06:1 or equivalent; specifications for said bids to be of a form and content approved by the Town Attorney. SUPERVISOR MURPHY: Any questions on 40? JUSTICE EDWARDS: I'!! explain something on this. When the Caterpillar Company found out that Fishers Island Ferry District was building a new boat, they came to the Ferry District and said, "We do not have any Caterpillar engines in the Long Island Sound area that are on a strict 364' day year running schedule and we would like to have some pilot engines in your boat, just to show the,people that they do work." So what kind of a bid we're going to get from Caterpillar we don't know, but we do know that if anything goes wrong with these engines that Caterpillar, as long as they are in business, are going to stand right behind them, so this is the reason that they went away from the Detroit or General Motors after the Caterpillar. So it's a hell of a deal that Caterpillar is offering the Ferry District. SUPERVISOR MURPHY: ! might add, we did the same thing in the Town in buying that Caterpillar payloader, where, I think, after their strike they must have been very hurt and they are selling and they want to move their materials. Any other questions. (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. Thi§ resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Number 41 is for bids for drydocking the Munnatawket. 41. 42. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Board of Commissioners of the Fishers Island Ferry District to advertise for bids for drydocking, for periodic inspection, necessary repairs, and refurbishing the underwater body of the M/V MUNNATAWKET. SUPERVISOR MURPHY: Any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 42 is Fishers Island lease agreements. Moved by Councilman Schondebare, seconded by Justice Edwards, WHEREAS, public hearings were held by the Board of Commissioners of the Fishers Island Ferry District on January 4, 1984 on the matter of leasing the easterly and westerly portions of Building No. 383 located on airport property to William J. Faulkner and A. Richard Grebe, Jr., respectively, and on leasing the former Fort H. G. Wright telephone exchange building located in a bunker off Prospect Road on airport property to Robert E. Wall, and WHEREAS, no adverse comments were received on any of the proposed leases, and the Federal Aviation Administration has indicated by correspondence dated December 29, 1983 that it finds the proposed non-aeronautical use of said properties to be unobjectionable, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to enter into lease agreements with William J. Faulkner and A. Richard Grebe, Jr., respectively, for leasing the easterly and westerly portions of Building no. 383 located on the Fishers Island Airport property, and with Robert E. Wall for the lease of the former Fort H. Go Wright telephone exchanqe building located' in a bunker off Prospect Road on the Fishers Island Airpor~ property, all pursuant to the terms and conditions of leases as approved by the Town Attorney. COUNCILMAN TOWNSEND: Maybe you could put in for your office over there. Frank. The bunker. SUPERVISOR MURPHY: Yes, do you want to get a bunker for your office, Ray? JUSTICE EDWARDS: Did you get the letter from the Fire;:District yet? SUPERVISOR MURPHY: No. JUSTICE EDWARDS: They're going up in the rent. 457 SUPERVISOR MURPHY: Maybe we ought to get you into a bunker. JUSTICE EDWARDS: You can save your bunker. COUNCILMAN SCHONDEBARE: is that where you want to put the Town Attorney, Frank, in a bunker over there? JUSTICE EDWARDS: No, we've got the ex-jail--we've got the old jail. Vote of the Town Board: Ayes: Councilman Schondebarer Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 43. SUPERVISOR MURPHY: Number 43 is to set up a petty cash fund. Moved by Councilman Townsend r seconded by Justice Edwards, WHEREAS, effective January 15, 1984 the Fishers Island Ferry District no longer contracted the operation of its vessels, which included the operation of the New London, Connecticut terminal, and WHEREAS, it is necessary to make periodic cash purchases for items incident to the operation of the New London Terminal, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to establish a $100.00 petty cash fund for the purposes of making local purchases incident to the operation of the New London, Connecticut terminal, and said fund is,to be the responsibility of the Marine Operations Manager. SUPERVISOR MURPHY: Any questions on this? (No response.) Vote of the Town Board: Ayes': Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards r Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Those are the end of those that are on the prepared agenda, but we've got about five more. The next one, 44, is to sell stock for the property on Fishers Island. 44. Moved by Justice Edwards r seconded by Cou~ncilman Schondebare, WHEREAS, William Ward Foshay has donated 525 shares of Kaneb Services~ Inc. stock~ and-270 shares of Kaiser/Aluminum & Chemical Corporation stock (total value of approximately $14,000.00) to the Town of Southold for purposes of acquisition of real property from the United States Government and locate~d at Fishers Island, New York~ and WHEREAS, The Bank of New York has requested that appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and Town Clerk be and they hereby are authorized to executed any and all required documents for the aforesaid purposes and then transmit the same to The Bank of New York in accordance with their instructions. SUPERVISOR MURPHY: Any questions on that? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsendt Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 45, I'd like to make a resolution to buy .a used 1974 For Truck chassis from Randall's Used' Trucks for $4,950.00. 45. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Superintendent of Highways Raymond C. Dean to purchase one used 1974 Ford Truck chassis from Randail's Used Trucks at a cost not to exceed $4,950.00. SUPERVISOR MURPHY: Any questions? Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number' 46 is a resolution to allocate surplus Revenue Sharing Funds in the amount of $8,966.79 to a new line, Road Improvements. I offer that resolution. 46. Moved by Supervisor Murphy, seconded by Councilman Schondebaret it was RESOLVED that the Town Board of the Town of Southold hereby allocates $8,,966.79 of surplus 1983 Federal Revenue Sharin9 Funds to a new line item entitled, "Road Improvements." JANUARY 17, 1984 Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Co.u:~i!~an Townsend, Supervisor Murphy. This resolution was declared duI~'~D'OPTE[~;*' SUPERVISOR MURPHY: Number 47 is to authorize the payment to H2M Corporation for the Sound Avenue Project at $5,000.00 and for the Aldrich Lane Project $3,966.79. I offer this resolution. 47. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $5,000.00 to Holzmacher, McLendon & Murrell, P.C., from Federal Revenue Sharing Funds - Road Improvements, for 1983 engineering services in connection with the Resurfacing of Sound Avenue at the Western Town Limit Project, and $3,966.79 from Federal Revenue Sharing Funds - Road Improvements, for the 1983 engineerin9 services Of Holzmacher, McLendon & Murrell, P.C. in connection with the Project INitiation Report for the Federal Aid Rural Secondary Road Systems Program for resurfactin9 of Aldrich Lane, Laurel, New York. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Resolutions 48 and 49, if you don't object to, we'll add on and take care of the public hearings of today. There was no input, so do you want to vote on it? (Board response: yes.) Moved by Supervisor Murphy, seconded by Councilman Townsend, WHEREAS, Michael Carlucci applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, applica- tion dated October 26, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southoid Town Conservation Advisory Council for their findings and recommenda- tions, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 17th day of January, 1984, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Michael Carlucci be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct a bulkhead and floating dock at Conkling Point Creek, off south side of Island View Lane, Greenport, New York, PROVIDED the existing bulkhead is removed and the new bulkhead is constructed in its place. This permit shall expire on January 17, 1985 if work has not commenced by said date; there shall be two inspections required, and the Town Clerk shall be notified when the project is completed. SUPERVISOR MURPHY: Any questions? COUNCILMAN STOUTENBURGH: I only want to make sure that it is somewhat understood that having been down at this place where this bulkhead is going in, I think it's important that we, from now on, keep in mind, whenever possible, to have bulkheads replaced in place, rather than letting the contractor say put it I8 inches or a foot out, or a foot out, or two foot out, for the simple reason that through the years we'll eventually have problems of losing our right-of- ways along the beaches and in front of water areas that are common lands to most people, and this has been taken care of in this resolution, but I just want to make sure that the public understands my feeling, and I hope the Board's feeling in the future. COUNCILMAN TOWNSEND: What if they do it back? But it behind? COUNCILMAN STOUTENBURGH: Back is fine. SUPERVISOR MURPHY: That would even be better, Joe, as long as you clean up the mess in front. COUNCILMAN STOUTENBURGH: We're finding other towns are doing the same thing, Shelter Island has just made quite a big move in that direction. SUPERVISOR MURPHY: Okay, any other questions? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 49. Moved by Supervisor Murphy, seconded by Councilman Townsend, WHEREAS, Grace A. Finora applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, appJication dated November 7, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommenda- tions, and JANUARY 17, 1984 WHEREAS, a public hearing was held by the Town Board with respect to Said application on the 17th day of January, 1984, at whiCh time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Grace Ao Finora be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct floating dock and ramp at James Creek, on the east side of East Legion Avenue, Mattituck, New York. This permit shall expire on January 17, 1985 if work has not commenced by said date; there shall be two inspections required, and the Town Clerk shall be notified when the project is completed. SUPERVISOR MURPHY: Are there any questions? COUNCILMAN SCHONDEBARE: Did we get something in on this one? Didn't I read something on Finora?' SUPERVISOR MURPHY: No, I think it was a comment by the Conservation Advisory Council on the public hearing. COUNCILMAN STOUTENBURGH: Could I get some input on to what normally is done in the procedure here, Judy. You probably can tell me. When it says, "two inspections", who makes those inspections. TOWN CLERK TERRY: The Building Department. COUNCILMAN STOUTENBURGH: And do you have a report on those? TOWN CLERK TERRY: Yes, if they make them. I send them a notice When the permit is granted. I send them a copy of the permit. I tell them they. may make their first inspection whenever they think feasible, and then 'l~ill notify them when the project is completed so they may make their final inspection. COUNCILMAN STOUTENBURGH: And then that file is then closed, but not closed until those two inspections are made? TOWN CLERK TERRY: Yes, that's correct. SUPERVISOR MURPHY: Any other questions? COUNCILMAN SCHODENBARE: Where do those reports go to? The Building; Department goes out and inspects. Where does their report go? Do they file it in the Building Department and give somebody a copy of it? SUPERVISOR MURPHY: Doesn't the Trustees get the copy? COUNCILMAN SCHONDEBARE: Where does it go back to? The Trustees are the ones who put the thing on it. Does the Building Department then give a report back to the Trustees, Paul? COUNCILMAN STOUTENBURGH: No, the Building Department only takes Care of the Wetlands end of it, you see, and this is the Town Board's decision,~ so therefore it actually is the Town Board's respons,b, lmty to see that these tl~,ngs are done, so i would assume that it would be--and Judy, I think you're saying it--it does come back here, doesn't it? TOWN CLERK TERRY: Yes. COUNCILMAN SCHONDEBARE: Does come back here? COUNCILMAN STOUTENBURGH: Yes. Vot'~-~of--~hee~-o~n'' Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend r Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of the prepared and added-on-to agenda. If there's any Councilman who would like to make any other commentsZ Jay? (Nothing.) Joe? (No.) Paul? (No, thanks.) Judge Edwards? (Nothing, thank you.) Anyone in the audience would like to comment? Phil. MR. PHIL BARTH, Southold: Number one, Ruth and ! counted up afl the items that pertain to Fishers Island, I think you set a record, 13 items. Number two, I'd like a resolution at some time or another to remove the clock and put one up that makes some sense. SUPERVISOR MURPHY: That ~vill be taken care of. JUSTICE EDWARDS: It wasn't in the budget. SUPERVISOR MURPHY: Anyone else like to make any comments? Stuart. JANUARY 17, 1984 MR. STUART HARVEY: Mr. Dean, on this payloader, with down-time and repairs, would it be cheaper to buy COMMISSIONER OF PUBLIC WORKS DEAN: No. MR. HARVEY: No? I mean, it seems to be quite a problem. I just wondered whether it would be. SUPERVISOR MURPHY: You're talking about a hundred and forty thousand dollars. MR. ~HARVEY: Wow. COMMISSIONER OF PUBLIC WORKS DEAN: At least. MR. BARTH: And no guarantee that that wouldn't break. MR. HARVEY: How much down time though are we losing? SUPERVISOR MURPHY: Twenty-one hundred hours. COMMISIONER OF PUBliC WORKS DEAN: Now that I've got the resolution for this, probably in a week or so we should have it done. MR. HARVEY: SO, you know, .it might be more--- COUNClLMAI[I TOWNSEND: Stuart, the only thing I can say on that is that no matter what we get, every certain number of hours we're going to have a breakdown. No, this, I think is an abnormally short period, but generally every 3600 hours or something like that, instead of 2800 you get a transmission overhaul anyway. MR. HARVEY: Secondly, now that we have a new Board, maybe somebody can tell me what's happening to the roof, inspection at the civic center, or whatever you-want to call the senior citizens place. This has been going on for like a year we have been having siudies and there's always going to be a report out and I never see anything on it. SUPERVISOR MURPHY: Lyle Meredith is--I guess he was sick or something-- but he had--and Ray Dean has it over in the Highway Department--and the man to work with him, material to put in the cracks to fill it in, like an expansion sealer, and that will be done--in fact, is it done yet? COMMISSIONER OF PUBLIC WORKS DEAN: I think it's done. SUPERVISOR MURPHY: I believe it's probably-- MR. HARVEY: In other words we're going for repair rather than some of these deals on new roofs? SUPERVISOR MURPHY: On the new roof we have a problem on the inside ceiling, and this we have several people looking at it. We don't know if it's going to be cheaper to take down what we have and install the proper' roof. It seems the tiles are wrong, it was hung poorly. When they did the insulation more of the wires broke and it's in very bad shape. MR. HARVEY: No, because they had come up with some deal for plywood and shingles on top, which I wondered whether it finally died a natural death and you would 9et around to repairing it instead. SUPERVISOR MURPHY: According to steel building manufacturers, that you're not gaining that much doing that and if you seal the cracks and if you do the proper insulating, hopefully it will work. MR. HARVEY: Good. Can I give you this clipping. You probably read it, but to make sure we don't miss anything. SUPERVISOR MURPHY: Sure. MR. HARVEY: I guess that's ail, except I hope we do get a new clock. SUPERVISOR MURPHY: Any other' people in the audience? Ruth. MRS. RUTH OLIVA: I'd just like to know how many of you gentlemen went down to the Norkus property to determine if it did have a negative or positive effect on the environment? Before making a determination. COUNCILMAN SCHONDEBARE: I venture to say none of us probably. If the Trustees don't know what they're doing then they shouldn't be there. TOWN CLERK TERRY: Planning Board. COUNCILMAN SCHONDEBARE: Planning Board. MRS. OLIVA: ~This is not the Trustees. Planning Board. Because this piece of property, if I'm not mistakenr is the one that was turned down for multiple housing just below the General Wayne Inn because it was situat, ed near the wetlands and its proximity to the water r so you turned it down once on those grounds, to me it certainly does have an effect on the environment, and you shouldn't have given a negative determination to it. COUNCILMAN TOWNSEND: What are they requesting? are you referring to? TOWN CLERK TERRY: It's a relief petition. I'm sorry, wha~ number MRS. OLIVA: Well, it's going to come up for a hearing, but it's the environmental assessment on Number 32, Norkus' property, who's dow.n below the General Wayne Inn. It's all a very sensitive area down there. COUNCILMAN TOWNSEND: Well, multiple family zoning is different in density than a--- MRS. OLIVA: I know, but he's coming in and wants to get the one acre instead of the two acre, but still and all he is near the wetlands. COUNCILMAN TOWNSEND: he's looking for. MRS. OLIVA: Yes. But it's a conventional residential development SUPERVISOR MURPHY: We'll look into it, Ruth, thank you for your comments. Anyone else? COUNCILMAN SCHONDEBARE: And I'm not going out looking at bulkheads either. MRS. OLIVA: I didn't ask you to go out on bulkheads, this is where the Town Board is declaring itself either a negative or a positive determination. SUPERVISOR MURPHY: Okay, I would like to make one last announcement-- is to call for resumes for a member of the Board of Assessment Review. It is a five year term. The present man serving that term is Samuel S. Markel, and it expires on February 22nd. Resumes please be submitted to the Town Clerk by February 9th. With that, I thank you for your patience. I would ask the Town Board would stay for Executive Session on a personnel matter with,the Highway Department and the Highway Superintendent. That will be the end of our regular meeting. Thank you gentlemen and ladies. Moved by Supervisor Murphy, seCOnded by Justice Edwards, it was RESOLVED that this Town Board meeting be adjourned at 4:40 P.M. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. EXECUTIVE SESSION 4:45 P.M. - The Town Board met with Superintendent of Highways Dean to discuss a personnel problem. Executive Session adjourned at 5:00 P.M. Southold Town Clerk