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HomeMy WebLinkAboutTB-01/31/1984463 SOUTHO, LD TOWN BOARD Januar,/ 31, 1984 WORK SESSION Present': Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr., COuncilman Paul Stoutenburgh, Councilman James' A. Schondebare, Town Clerk juclith~T. Terry, Town Attorney Robert W. Tasker, Superintendent of Highways RaymOnd C. Dean. (Justice Edwards arrived at 12 Noon.) (POlice Committee met from 9:00 A.M. to 10:15 A.M.) 10:30 A.M. - The Board discussed the proposed new supervisory position at the landfill site. The position will be called Sanitation Supervisor and will be approved by the Department of Civil Service today. The Board will place a re~olu~i°n on the regular meeting agenda (No. 20) to create the posi~ion~ 'and call for resumes by February 10th. 10:40 A.M. - Executive Administrator Victor Lessard met with the Board to l~ring them up to date on the activities of the Building Department. He out- lined the procedures presently used by the department on violations, stressing that it currently takes up to 18 months to try such cases. He asked that the Local Law be amended permitting Building Inspectors to issue Appearance Tickets. Mr. ~.essard will work with Councilmen' Townsend and Schondebare to draw up the proposed amendment, as well as an increase in the penalties for violations. He said the salary for the proposed new inspector to replace George Fisher' is un- realistic. (($13,000.00) and suggested $17,000.00 would be more accurate. Mr. Lessard further stated that he has every reason to believe Inspector Hindermann is ab0~ut to retire, and Inspector Horton has received another job offer, He asked the ';Board to create the position of Compliance Officer and offer Mr. Horton an additional $2,000.00 to handle that work. He also said that Clerk-Typist Carey' is l~lanning to return to college n the fall, and asked the Board to hire a temporary cler~.t0 help catch up on the backlog of paperwork, and to continue on when Miss Ca~¥. leaveS. The need for two new automobiles for the department was outlined by M?.~ Lessard; He has estimates on a K-Car at $8,000.00. Supervisor Murphy s~id he Would analyze the budget for such a purchase. Mr. Lessard said the present cars are getting only two to three miles per gallon, and he does not want go inherit any of the~_o_ld police cars which have excessive mileage. There was COnSiderable dis~ion-~ibout the recently ~n~a~:te~d New- York State Fire and Building Codes. Mr. Lessard said that as of January 1st the Town Fire Code is no longer in effect. Town Attorney Tasker advised that the Town has ~90 days from that dat~ to reappl,/ to the Secretary of State for approval of' the town code, or adoPt the State Code. Supervisor Murph,/ suclq~sted ask~og the F~re Chief s Council and the Fire Commissioners to review the new State Code, and to confer with Town Attorney Tasker who will report back on an!,/, suggestec~ revisions within 30 days. Mr. Lessard asked if it would be possibleto coordinate the flying schedule with Justice Edwards and put a Buil~tin~ Inspector in the firehouse on Fishers Island to meet with local cont~r~ctors. The BOard agreed this was a good idea. The p6tential hazards of iliad solder was discussed. This matter was brought to the Board's attention by'Norman Murrell of H2M. He suggested the adoption of a Local Law O~tlawing tl~ use ~f lead solder on plumbing associated with drinking water service whi-ch copilot ibe harmful to the health. Town Attorney Tasker agreed to draft a Local La~ U~ing the background material supplied by Mr. Murrell. Later in the day Mr. 'Lessard advised the Board that he found the use of lead solder addressed in the State Code book, therefore a Local Law would not be necessary. 12:00 Noon - Supervisor Murphy outlined the need for community meetings in the individual hamlets to discuss the Master Plan Update. People are very concerned as a result of reading and reviewing the maps recently published in the newspaper. He asked the Board to approve up to $700.00 for mailing costs to the residents of Southold Town to advise them of the dates, locations, and times of the proposed community meetings. (Resolution No. 19 was placed on the agenda.) Justice Edwards said the people on Fishers Island are very unhappy with the newspaper maps and would like a color map supplied for their review. Supervisor Murphy assured him it would be supplied.--Super- visor Murphy further advised the Board that the community meetings would be sponsored by the North Fork Environmental Council and the League of Women Voters, since RPPW's contract does not call for such meetings at this time and they only have one more meeting planned on Phas:e 11 which is to be held on .February 2nd at the Senior/Youth Center. 12:10 P.M. - Recess for lunch. 1:50 P.M. - Work Session reconvened. Proposed establishment of a Captain Kidd Water District was discussed~ with several residents of that community present. The Board reviewed the memorandum of Town Attorney Tasker out- ling the procedures for establishment of a water district, which are: (1) filing of a petition by at least 50~ of the property owners in the proposed district, pursuant to Article 12 of the Town /aw, and (2) by the Town Board on it's own motion. Supervisor Murphy stated that the present figures received from Sam McLendon of H2M are 'higher' than the residents can accept and he will request Mr. McLenc~on to submit an alternate plan giving the initial cost of acquisition of the district and the necessary improvements. He also recommends that a public information meeting be held and Mrs. Cleo Tsounis suggested that it be held in May when most of the residents will be in their homes for ~the summer season. Mr. John Epidy of that community stated that a petition was filed last year asking for a study, and since August there has been no communica- tion from the Captain Kidd Association to the membership advising them of' the results Of the study, nor keeping them posted of these informal meetings with the Town Board. 2:10 P.M. - Anthony Blados and Kevin McDonald of Metropolitan Insurance Company met with the Board to propose salary deductions for discounted life insurance (approx. 15%) and IRA accounts.~ Councilman Townsend said this proposal should be brought before the CSI=A and PBA for discussion of their membership. It was finally decided that the Town Board would have no objection to them speaking to the employees after business hours, perhaps setting up a meeting here at 'Town Hall. 2:30 P.M. - Community Development Administrator James McMahon and Bay Constable Donald Dzenkowski met with the Board to discuss the 1984 Seed~ Clam Proqram. It has been suggested that Town Trustee John Bredemeyer head the ~rogram, but Supervisor Murphy does not agree the Trustees ~uld be involved, he feels it should be administered by the Town Board. Council- man Townsend stated he does not want to see the program expanded as a governmental function. Supervisor Murphy-asked the Board if they want to retain Paul Flagg again this year? He does not personally think it is necessary. Superintendent of Highways Dean suggested contacting Professor Walter Smith at the Suffolk Community College Marine Center to see if they want to become involved. This will be done. Mr. McMahon said the Town needs-~omeo~e to' obtain permits, rafts need'~to 'be rebuilt, and someone to keep track of wh~ere the clams are transplanted. Mr. McMahon also spoke about the Scallop Seed Program, stating there is money in the Community Development budget, and HUD favors such a program. A meeting will be scheduled between the Town Board, Town Trustees, Bay Constable, Superintendent of Highways Dean, and Mr. McMahon. 2:55 P.M. - The Board discussed the notice of increase in assessment on Town property in the Sandy Beach area, located within the Village of Greenport. The assessment for 1984-85 has been increased from 100 to 3000. Town Attorney Tasker advised that he is already working on this and will file a protest and grievance on behalf of the Town. 3:00 P.M. - A letter from Irving L. Price,~ Jr., Esq., on behalf of the principals or,The Silver Sands Motel, west of Greenport, concerning the proposed Master Plan Update and map recently published in the newspaper showing The Silver Sands Motel property as "Open Space (includes wetlands & beaches). At the present time The Silver Sands Motel property is zoned' M-1 General Multiple- Residence District. Since the Master Plan Update is still in the hands of the Planning Board, the E~oard feels this complainttshould be brought before them to be transmitted to RPPW. (The Planning Board received a copy of this letter on January 13th and has set up a file on these complaints for referal to RPPW.) REGULAR MEETING 465 A Regular Meeting... of the Southold Town Board was held on Tuesday, January 31, 1984 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 3:10 P.M. with the Pledge of Allegiance to the Flag. . Present: Supervisor Fram:is 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 SUPERVISOR MURPHY: I hope everybody notices our new clock. I would like to have a resolution approving the minutes of the Town Board meeting of January 17th. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the minutes of the regular meeting of the Southold Town Board held on January 17, 1984 be and hereby are approved. COUNCILMAN STOUTENBURGH: Any discussion? SUPERVISOR MURPHY: Any discussion on it? Any questions on the minutes? Additions, corrections? (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: ! would like a resolution approving the audit of the bills of January 31st. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the audited bills of the Home Aide Program in the amount of $559.49' be and hereby are approved for payment. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: 'i~he next meeting date will be February 14th at 7:30 P.M. The Work Session will be scheduled and be available by that Friday before. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, February 14, 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. I. REPORTS. SUPERVISOR MURPHY: The first report is the Town Justice, Justice Edwards from Fishers Island (December 1983). 2. The Cablevision report (December 1983). 3. The Supervisor's Annual Report (1983), does any of the Councilmen have any questions on it? COUNCILMAN TOWNSEND: Yes. I did. Do you want to discuss it now? SUPERVISOR MURPHY: Discuss it right now. COUNCILMAN TOWNSEND: Basically what I wanted to know is how does that hold up with our anticipated--the amount of excess that we had--unallocated funds--how does that hold up with our anticipated amount of unallocated funds? i seems to me that there was a certain amount--we tried to allocate all the un- anticipated revenues and yet there was still some unallocated funds there. SUPERVISOR MURPHY: We were very fortunate. We had the mortgage tax come and there ,was approximately a $50,000.00 increase over what we expected. Normally it comes in almost the exact same as the first half, and I guess through the effects of all the land sales we've had that this came in over $50,000.00, and it brought, in Whole Town--we ended up with a surplus. We were very close to a small deficit, but we ended up with a surplus, which was very good. This surplus cannot be touched, cannot be spent, all it does is mean that the Town will go into surplus that much earlier, if at all, next year--1984. Then some of this money can be spent on any proiects, or can be used to reduce the taxes next year. In the balance sheet that Joan shows here, we have set aside for payments that the Town Board 'of 1983 committed the Town to--that was .the $19,000.00 for Kelsey and the $6600°00 for the truck for the Town Hall. ~nd Part Town, we ended up with a surplus, just about as planned, and we did fairly well on this. This report shows for all your expenditures on the various items--on the Town Board--showing your personal services, your equipment, and contractual. If you've got any questions on any of them 1'I1 try to answer them for you. COUNCILMAN STOUTENBURGH: On revenues, the bottom one in the first paragraph, "Shellfish", revenues $2,300.00 some dollars. Didn't we take in more than that? What does that mean, Judy? TOWN CLERK TERRY: I don't know, that's a lot less than I took in, and I don't have the figure with me, PaWl, but I know the year before it was a lot more than that and I had a raise in fees after that, unless this is the matching funds from the DEC. SUPERVISOR MURPHY: It could possibly be this is the reimbursement on the Clam Seed Program. COUNCILMAN TOWNSEND: It would be under fees for permits, and that's not fees for permits, that's--- COUNCILMAN STOUTENBURGH: I didn't know what it was, iust said Shellfish, I don't know where that comes from. COUNCILMAN TOWNSEND: Permits - Other, $22,000.00, wouldn't it be in there? TOWN CLERK TERRY: It probably would be under Permits - Other, yes. COUNCILMAN STOUTENBURGH: That sounds more like it. TOWN CLERK TERRY: Shellfish isn't the total amount of Permits - Other, it includes other permit fees. COUNCILMAN STOUTENBURGH.' In other words, that's probably what the State reimburses us? SUPERVISOR MURPHY: Probably was our reimbursement for the--we got 50% matching on the clams--chowder clams and the seed clams, and we got 25% on the cost of the material for the rafts. COUNCILMAN TOWNSEND: We have Recreation for the Elderly, which is from the State, we have Mortgage Tax, we have Youth Projects, they're all reimburse- ments from the State, Pa~il~, those last five items. COUNCILMAN STOUTENBURGH: That takes care of it. SUPERVISOR MURPHY: Okay. Anything on Highway? They ended up with a small surplus. They have a very tight budget this year and very possible we will have to help them, especially if we have much more snow. Any other questions going down. Fishers Island Ferry District fund balance of $770,000.00 is quite large, but when they buy their new ferryboat I'm sure this is going to be wiped out. Okay, Federal Revenue Sharing--the only questions ! had 6t~ Joan was in the--this is on page 11 I guess it is, yes', page 11, the money that we encumbered to pay Paul Flagg for his fee for last year. I went over this with Joan Richter, the bookkeeper, and--- COUNCILMAN STOUTENBURGH: She's the one that draws this up? SUPERVISOR MURPHY: Yes. There is one on the Nutrition Program. It's always a problem of they don't have the start-up money and they're always borrowing. Joan has to loan from the Whole Town General Fund to this. We're going to come up, probably the next meeting, with a resolution and then put it in the budget for next year to have-- TOWN CLERK TERRY: It's on thi~/~l~'~ ~Res01ution No. 16. SUPERVISOR MURPHY: Yes, okay, this is for the transfers and when we do the budget~ for next year, what we're going to try to do is put a contingency item in there so that they could borrow from this to--they need start-up money on these programs. By the time the County reimburses it's too late. in the Grants Program on the end, in'Year VII, we still have money set aside in Peconic for the roof a~d the parking lot, otherwise these are--I will have, for the next Work Sesson, a report from Jim McMahon showing the grants and the status of all of our grants and the lates~ transfers in and out. This will be in your box next Week. I'm up to Councilmen's Reports, unless anyone has any more questions on Joan's expenditures and receipts for last year. Any other questions? (No response.) Councilman~. Jay, do you have anything? COUNCILMAN SCHONDEBARE: Nothing. SUPERVISOR MURPHY: Joe? COUNCILMAN TOWNSEND: This is sort of part question and part report. As you know, the Farmland Preservation Committee met. Unfortunately i was not able to be with them, but I did talk it over with Bud Cybulski before the meeting and he said he was going to try find out how .to go about implementing the program, and they were having Gil Flanagan from Southampton come over and the other fellow who is over there, Dave Emilita, and I asked him at that point to consider what kind of administrative help they would need, and after the meeting I asked him what they decided and what they feel they need is a part-time secretary, as I told you, to take the minutes and someone that has access to Town Hall -and can sent out mailings and so forth. They asked ~bout ,tJ~e ~lLst of properties, ~w.hich ! spoke ~ you about--- SUPERVISOR MURPHY: Most all are typed up _already. COUNCILMAN TOWNSEND: Good, and as far_as the secretary goes, I talked to--- you had mentioned that Jane Moffatt might be interested~-I spoke to Jane and she wasn't interested in putting any more time'in ~after working hours,. I spoke to the new Planning Board secretary, and she was interested in this sort of thing, and since she does take dictation, I re-commend ~th-at we hire her'-to ~LLe~I ±1~ ,meet- ings--- SUPERVISOR MURPHY: She will work? COUNCILMAN TOWNSEND: She's very happy to do it, as long as it do_esn't-~- she doesn't want it to impinge on her duties during the day, and I :explained to her that anything she would do would have to go out-separately, ~)~c~use it would be paid for under the bond. ~And:that's another thing I ..w~anted to find out. Bob, what--in order for them to,start paying-a secretary., ~ ~t~nographer to take minutes and so forth, the funding'we have for their operation is under the proposed bond issue. What do we have to do? Does that mean w.e have to wait until this whole thing is--- TOWN ATTORNEY TASKER: Well,'~'ou :c~n=se'll interim - notes -to -p~t ~-~me funds up. COUNCILMAN TOWNSEND: Could they ha~e'her attend the next m~etin~g and take--- TOWN ATTORNEY TASKER: Well, you can borrow money from the General Fund, i guess, in the meantime. SUPERVISOR MURPHY: We could loan money to them. COUNCILMAN TOWNSEND: Okay, because i'd like to tell them to go ahead with that. They will meet; I guess, within the month. They feel--although while there was some difference of opinion within the Committee, the concensus was, I gather, that they can do this themselves, they can do the letters and evaluate the properties, at least initiall~, to get started, without the help of an admin- istrator at this point. They feel all they need is a secretary. Bob stii! feels-- like all other committees, the members of the committee should be reimbursed,, like Bob Villa, since they will be doing some work. I'm not adverse to this, if we do it on the basis of like a Conservation Advisory Council or any of the sitting boards, we could do it on the basis of a per meeting, or we could do it on the basis of an annual salary like we do for the Planning Board or any other appointed board. That's something I'd I~ke to consider in the next Board meeting. SUPERVISOR MURPHY: We'll schedule a meeting probably in the next week to further d~scuss that. COUNCILMAN TOWNSEND: Okay. So it's all right for me to tell--could we have a resolution today to hire Diane Schultz? TOWN ATTORNEY TASKER: I would suggest, Joe, that you have the~ same form of resolution that's on the agenda today for the Nutrition Program, borrowing money out of the General Fund. COUNCILMAN TOWNSEND: I guess we'll have to hold off until the next meeting on this one. COUNCILMAN SCHONDEBARE: We need a resolution to take the money out. of the General Fund. SUPERVISOR MURPHY: Yes, to borrow from one and put it into another. COUNClI_MAI~ SCHONDEBARE: You need a resolution. SUPERVISOR MURPHY: Bob, couldn't we just add that to the Nutritional Program? We will just add to that resolution for the Farmland Committee. COUNCILMAN TOWNSEND: Okay. SUPERVISOR MURPHY: Do you have anything on the Landfill? COUNCILMAN TOWNSEND: Other than what we discussed, and you know there is a resolution on the agenda today to hire someone as a Sanitation Supervisor, I believe? And we should be-~and if there's anybody on the list we'll be getting that and we should go out for advertising on that one, because I think there was no one on the list and we need somebody fast, so I think we'll be creating the position today and advertising. SUPERVISOR MURPHY: Thank you, Joseph. Paul? COUNCILMAN STOUTENBURGH: I have one thing I'd like to report on and that is the Dredging Committee which met with the Trustees to get their input and we had a list out--each of you have a list of creeks that they suggested--the Town Trustees sent to us. These creeks are ones that the littoral d~ift moves across the mouth of them and closes them up each year usually and have to be done almost every year. Brushes Creek, the New Suffolk Boat Ramp, which is solid, you can walk across it, Boatman's Harbor, Corey Creek which is back again filled in, Cedar Beach we we have a whole petition of names of people saying that it's filled in again, Little Creek and Goldsmith's Inlet which is our only inlet on the north shore. Now these are suggested ones. What we're hoping to do through the area representative of the DEC, Mr. Berger, he has a dredging committee and i happen to be on that, and one of their purposes is is to have a better working relationship between the local, the Department of Public Works or the County and the State, and so through the Town Board, Frank Murphy will contact our person in the County and ! will contact the person in the State and see if we can come up-- have these people come out and actually go around to each of these areas that the Trustees have suggested, along with the Trustees, so that for once and for all we'll have a unified agreement on what should be done and should not be done. This is something that has never been done before and we're hoping it will happen this year. Let's hope it can happen. SUPERVISOR MURPHY: Thank you, Paul. Judge Edwards? JUSTICE EDWARDS: There are a couple of items. Number one, the Fishers Island Civil Association met last Saturd~ayand I'd like it put on record that the people of Fishers Island were very happy with the CHIPS Program that we did over there with the sidewalk repairs. They're extremely happy with those, and also they have formed a committee over there to look into the use of BTI, which is a new mosquito control substance that's being used and we have some money allocated, plus a couple of college students that are going to work in this program this summer'. We're very concerned with the amount of mosquitos over there and I had a talk with one of the people that are in charge with the Orient Mosquito District on how they do theirs and so forth and so on. So the people are concerned with the mosquito population that has increased over the past ten years. Also, I guess, the funds are just about all in for the purchase of the Fishers Island Ferry District property down there, and other than that the Island is still floating. Thank you. SUPERVISOR MURPHY: Thank you, Judge Edwards. COUNCILMAN STOUTENBURGH: May I add something on that, Frank? SUPERVISOR I~URPHY: Sure, Paul. COUNCILMAN STOUTENBURGH: Judge, through your mosquito control they have something else they're using now which you might be interested in, particularly in ponds and things like that, and this is a small killie, gambuzia. I don't know if you're familiar with it, they've used it in New Jersey, they have it now in Suffolk County and they do supply them for people who want it. JUSTICE EDWARDS: Yes, that's true, but there's only certain ponds-- COUNCILMAN STOUTENBURGH: Only certain areas, right. JUSTICE EDWARDS: And also they cannot survive the winters up here. They will not live through the winter, so it's something that you have to seed the ponds with them every year. COUNCILMAN STOUTENBURGH: i was under the impression that if they were deep enough they would survive. That's six of one and half a dozen of the other. JUSTICE EDWARDS: Well, this was brought up. There's a man from New Jersey that came up and you might be interested in this, I gave Ray Dean a packet to take out to Harrison Demarest out in Orient and when he gets finished with it he's going to bring it back into the Town Hall. If you get in touch with him. And this person from New Jersey' that came up, John Thatcher, and gave us a talk, has really gotten' into this BT! program, and he also mentioned the killies~ But you might be interested in this program and Harrison will have the papers. SUPERVISOR MURPHY: Thank you, Ray. Under the Supervisor's report, I can report a very busy first month in office.' We've been deal with Cablevision. Had several meetings with Anne Dalton from the Cablevision Committee in New York State and the Town of Southampton. We will be setting a public hearing, probably some time in March. The Town Attorney from Southampton and Southold will be getting together to discuss a proposal that is in the offering from the present Cablevision franchiser, and our--what- ever we want to put into this and we are starting negotiations now. The Planning Department--I've spoke to probably twenty-five or thirty people on this. i think we're about ready to move. ! will appoint a committee to interview. I would like someone on the Town Board, I will talk to them, someone, Frank Bear from the Water' Committee, Henry Raynor from the Planning Department, and maybe one or two other' people. We will be moving on this to interview people to see what the best route is, if we want to go on a contracting basis, if we want to get a planner in, there's all kind of ways we could go, and I'd like to start this because it's probably the most important person we're going to need, especially going into this Farmland Program. I'd also like to mention through the cooperation of the League of Women Voters and the North Fork Environmental Council there will be public meetings, informational meetings, held February 9th at Poquatuck Hall in Orient, and I've asked Council- man T-6-~nsend and any other Councilmen to attend that one. On February 16th at 7:30 in the Senior/Youth Center for Southold/Peconic area residents to Greenport. I've asked Councilman Schondebare to attend that one, and with anyone else. On February 23rd at 7:30 the Knights of Columbus Hall in Cutchogue for Cutchogue/New Suffolk residents. I've asked Councilman Stoutenburgh to attend that. February 17th in the Mattituck Library at 7:30 for Mattituck/Laurel 'residents. I will attend that one also with any other members of the Town Board. We will set up something with Fishers Island also as soon as we can get all the maps. Maybe someone could go over there and meet with them. We will be working with Ray Edwards on that so we do have input. Ray? 4?0 SUPERINTENDENT OF HIGHWAYS DEAN: That February 9th, is that East Marion and Orient? SUPERVISOR MURISHY: Orient and East Marion, right, into Greenport, that area of Town. I'd like to call for resumes for a member of the SuffolkCounty Solar Energy Commission. The Commission meets once a month, it is a two hour meeting at Riverhead. Resumes_ please to be submitted to the Town CleriC' by February 9th (changed to the 23rd). I would like the papers to please pick up on that. A Bill Kotzky was appointed December 22nd, 1981. Anyone who is interested in solar energy and would like to serve on this, please contact the Town Clerk with your resume.--it's 3:37 now, we'd like to have a motion to recess to hold two public hearings. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was RESOLVED that a recess be called at this time, 3:37 P.M., for the purpSe of holding a public hearing on the appeal of Jody Adams under the Freedom of Access Law, and on the proposed amendment to the Community Development Program Years VIII and IX. Meeting to reconve following the hearings. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. While in recess the Board discussed the appeal of Jody Adams, hearing upon which was held at 3~.37 P.M. and reached a decision. (See Resolution No. 22). Regular meeting reconvened at 3:55 P.M. 11. PUBLIC NOTICES. SUPERVISOR MURPHY: The first public notice is a Complete Applicati0n of North Fork Property Development, Wading River; to install 115 ft. of timber bulkhead backfilled with 50 cu. yd. of clean fill with two 10 ft. returns, land- ward mean high water, a 3 ft. by 15 ft. ramp leading to a 6 ft. by 30 ft~ float dock secured by two 8 in. spiles. Applicant requests approval to construc~ a one family dwelling and associated sanitary system 65 ft. and 100 ft. resp~ectively from tidal wetlands. The project is located on the west side of Deep Holel Creek, 350 ft. east of Marratooka Road, Mattituck. Comments to New York State, DEC, Dan Larkin, by February 3; 1984. 2. Complete Application, DEC, of Linda Faulkner, Box 787 West Creek Avenue, Cutchogue, to subdivide a parcel into lots of 34,124 square fe~t End 33,101 square feet. Existing and proposed' residential development on both lots are to be landward of the existing 10 ft. contour elevation above mean sea level. Project site is Wickham Creek, west side of West Creek Avenue, Cutchogue. Comments to Dan Larkin, New York State DEC by February 10, 1984. 3. Complete Application of Robert Entemann, 65 Meadow Farm Roa~l, !~East lslip, to subdivide a 44.213 acre parcel into three lots of 1.239 acres, 26.i952 acres and 16.022 acres. The project is located between Sound Avenue an~ Long Island Sound approximately 400 ft. east of the Southold/Riverhead Town llhes, Mattituck. Comments to New York State DEC, Dan Larkin, by February_ l~0th. I would like to mention again that these are all posted on the Town Clerk's Bulletin Board for anyone's information. 4. Public Hearing, Legislative Commission on Public-Private Cooperation, State of New York, and one is going to be held in New York City, the clO~sest one to us, 270 Broadway, 24th Floor, Senate Majority Hearing Room, 10 AM to 4 PM on February 9th, and to implement Proposal 8, the Constitution Amendment relating to municipal redevelopment projects and commonly known as the Local Development Amendment. 5. Notice from the Village of Greenport that on Thursday, February 2, [~ii 1984 at 7:30 P.M. in the Village Hall on a proposed amendment to their .Zoning ~ Code from R-l, Residential one family, to C-G, Commercial General, for ,a portion -. of the property owned by the Village of Greenport situated on the southerly side of "Moores Woods". The property in question is located on the north side of Route 25, which parcel lies between those premises within the jurisdiction of the Town of Southold. This again is on the Town Clerk's Bulletin Board. There is a map if anyone is interested to see exactly where the parcel is. You mayl also contact the Town Clerk in the Village of Greenport. 6. Public Notice, Corps of Engineers, application of Psychiatric Associates, Ocean Avenue, New London, Connecticut, to maintain as completed a floating pier, ramp and mushroom anchor in Fishers Island Sound, West Harbor, Town of Southold. Comments to the Corps of Engineers by February 23, 1984. And as a public notice, and also as a thank you to some of the many people who do contribute something to Southold Town for nothing, there's a Mr. Wil lam Weinheimer, who's done this for quite a few years, to assist the tax aide for the elderly. He's going to be doing this~O~i~$days and Thursdays through April 15th from 10AM to 2PM in the Peconic Rec Center. This is a very fine service that he does do and one that the elderly and those who need the assistance certainly appreciate, and it's one that I as Supervisor, and I'm sure the entire Town Board, wants to thank this man for doing this. 111. COMMUNICATIONS SUPERVISOR MURPHY: The first one is from the Mattituck Senior Citizens Club on some help that we gave them. on having the lights turned on when they came back from a trip. 2. North Fork Parents and Teachers for Special Children requesting to see if the Town will participate in a program to help 15 children in a swimming program this summer given by Coach Muir who does the swimming program for the Town. The course will be $50.00 a child, or a total of $750.00. This great cost is because it naturally is a one on one situation and one that I think the Board should con- sider. I .will put it on, unless I hear any objections, as a resolution on the next Town Board meeting. I would like any of the Board members to give me any comments they would like before, if they have any. 3. Letter from the New York Power Authority thanking the Town and my- self for attending a meeting that they requested in December concerning the Marcy-South transmission line, and on this the petitions are being made up now. They will start being distributed through the Town. We will have them at these various lOcal meetings that we were talking about before. We'll bring them to the Senior Citizen clubs and anyone else who will. This is very important to get to the Public Service Commission that we are, in Southold Town as most anyone on the Island, is very much in favor of this. We don't want them to knock ~out the Power Authority's request because it is one quick means of getting Lhe cheaper hydro-electric power from Canada. Right now even if we decided to take the power we couldn't transmit it down here. This line has to be built. MRS. JEAN TIEDKE, Southold: Frank, here are the copies. SUPERVISOR MURPHY: Jean Tiedke has some copies of The New York Times that I'll give out to the Town Board concerning this hydro-electric power up in Canada. Quite an interesting article and well worthwhile reading. Number 4 on Communications is United Cerebral Palsy Association of Greater Suffolk Inc. A program for athletics of the handicapped, and we will get this out--try to get it a little publicity. It's to develop, in the Town, for disabled athletes and they cover archery, bowling, cycling, horseback riding, soccer (wheelchair), soccer (ambulatory), track and field, bocce. We will get this out to various organizations and find out if anyone is interested in participating. If anyone knows of anybody, please contact my office and we'll have the application for you. Again, this is available .in the Town Clerk's Office too. IV. HEARINGS - ~he hearings were held at 3:30 P.M. V. RESOLUTIONS. SUPERVISOR MURPHY: Resolution No. 1, I'm still not ready to act on it; (Appointment of Robert W. Tasker as Southold Town Attorney.) I've had a request for a decision. I spoke to Mr. Tasker, the Attorney, I'm pleased with his answers--no~t pleased, but it's settled as far as I'm concerned. There is one item that some people asked me to check into, and I'd like to hold this open. Anything on the question? COUNCILMAN SCHONDEBARE: What's the one item that you're still checking into? SUPERVISOR MURPHY: On the billing, if it's legal for him to bill this way for the office staff and expenses. COUNCILMAN SUPERVISOR COUNCILMAN SUPERVISOR SCNONDEBARE: The billing? MURPHY: The method of billing, yes. SCHONDEBARE: The method of billing. MURPHY: We might have to--if it is determined' that it isn't so-- this has been determined, I guess, previously, because we've been doing it, and I've been questioned- on it and I would like a decision from the Attorney General. COUNCILMAN SCHONDEBARE: Frank, you requested, and Paul Stoutenburgh requested two weeks back, and the on January 3rd, and the last time we were at Town Board you requested additional two weeks, and we're up to a month now. Now you want another two weeks? SUPERVISOR MURPHY: I don't know if it will take that long to get an answer back, Jay. COUNCILMAN TOWNSEND: So you're unwilling to vote on it, and Paul, are you unwilling to vote on it also? COUNCILMAN STOUTENBURGH: Yes. JUSTICE EDWARDS: Ridiculous. COUNCILMAN STOUTENBURGH: I see there's no impairment--we're not h~ding up anything. SUPERVISOR MURPHY: Mr. Tasker is operating as Town Attorney, he's receiving his pay. COUNCILMAN STOUTENBURGH-' if it was something pressing I think we could change it, but I don't see anything pressing on it. COUNCILMAN TOWNSEND: What is the nature, just as a further question on this? SUPERVISOR MURPHY: Question on the way the bill is broken down, the quarterly expense, if it's legal to do it this way, or should it be done another way. COUNCILMAN SCHONDEBARE: What does that have to do with appointing Mr. Tasker as Town Attorney? If the billing is improper, we will switch the billing around so that it's proper. It has nothing to do with appointing him as Town Attorney though. SUPERVISOR MURPHY: Possibly so. COUNCILMAN SCHONDEBARE: So why don't we just appoint him Town ~Attorney and leave the billing to whatever way it's legal? We're not going to do billing unless it is legal. SUPERVISOR MURPHY: ! realize that. I'd just as soon wait. I'd iust as soon wait, Jay. COUNClLMA'N SCHONDEBARE: I'd just as soon vote on it. COUNCILMAN STOUTENBURGH: Vote on it then. SUPERVISOR MURPHY: What to vote on it? COUNCILMAN SCHONDEBARE: I'll move it. SUPERVISOR MURPHY: Okay. 1. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that pursuant to Section 24 of the Town Law, Robert W. Tasker be and he hereby is appointed Southold Town Attorney, to ho---Id such offi,ce until the first day of January next succeeding the first I~iennial town election. SUPERVISOR MURPHY: Any other' questions on it? (No response.) Vote of the Town Board: Ayes': Councilman Schondebare, Justice Edwards, Councilman Townsend. Noes: Councilman Stoutenburgh, Supervisor Murphy. This resolution was declared LOST. SUPERVISOR MURPHY: Moving on to No.- 2. Would someone like to make No. 2? 2. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid, in the amount of $6666.00, from The Mason Company, for supplying the Town with materials for the Prefabricated modular kennel system consisting of: 24 square cornered swing gates, 24 fence panels with isolation panels on bottom section,. 24 security top covers, and 12 vertical sliding kennel doorS, for the Southold Town Dog Pound, Peconic Lane, Peconic, New York; to be paid from Year 9 Community Development Funds. COUNCILMAN TOWNSEND: Do we have to effect those changes to the contract that you sent out, Bob, before we do this? TOWN ATTORNEY TASKER: Well, it's up to the Board to decide whether or not they wish to agree to those changes. COUNCILMAN TOWNSEND: Did everybody read them? SUPERVISOR MURPHY: No, Joe. COUNCILMAN TOWNSEND: I think the were basically--well, them in two words or less. There are four or five changes. TOWN ATTORNEY TASKER: I can't summarize Four or five proposed changes. What it means is that we're doing this on the basis COUNCILMAN TOWNSEND: of the fact that this represents our half--part of our half of the $20,000.00 that is going to be invested in the Dog Pound. By accepting the bid we're committing ourselves to $6666.00. If we don't go along with the changes, then I gather the Animal League is not going .to go along with their $10,000.00. The changes are not very substantive-- SUPERVISOR MURPHY: I don't see a problem, we have to do this. COUNCILMAN STOUTENBURGH: Are the changes in here, Joe? COUNCIl_MAN TOWNSEND: Not in here, but we all got them, I believe, did we not, or was it just sent to me? TOWN ATTORNEY TASKER: I got the letter from their attorney and I sent a ¢:opy of the letter to you. COUNCILMAN TOWNSEND: i see. TOWN ATTORNEY TASKER: COUNCILMAN TOWNSEND: made for the Board. I have the letter here. I'll make a copy of it. i've got it also. I didn't realize copies weren't SUPERVISOR MURPHY: I would try to get it to the Town Board so we could--- COUNCILMAN TOWNSEND: Well, I just got it yesterday. SUPERVISOR MURPHY: Bob, do, you forsee any problem? TOWN ATTORNEY TASKER: Not really. I think the proposed changes are very minor. The real question is I don't even think that the full Town Board is even familiar with the proposed contract. I was asked to draw a contract in July, which I drew and sent out to the League in July, and I haven't heard any word until last Friday. Then we got these proposed recommendations, so I don't know whether the full Board is knowledgable about the terms and con- ditions of this contract, which is a contract between the Town, the Village and the League. COUNCILMAN SCHONDEBARE: Since I've never read the contract, i'm not familiar with it at all. TOWN ATTORNEY TASKER: No, I don't think any of the Board members are, SO--- COUNCILMAN STOUTENBURGH: Who sets this up, Bob, who draws this up? Who-draws up.this statement? TOWN, ATTORNEY TASKER: The contract? COUNCILMAN STOUTENBURGH: Not the contract, the requirements? TOWN ATTORNEY TASKER: What requirements? COUNCIL~AN STOUTENBURGH: The requirements that they're asking for. other' words the materials. Who drew the list of materials up? SUPERVISOR MURPHY: Jim McMahon. COUNCILMAN STOUTENBURGH: Jim McMahon did? SUPERVISOR MURPHY: Yes. TOWN ATTORNEY TASKER: i was just a~ked to draw a contract in July, which ! drew and submitted it and I haven't heard any word until last Friday. And I got word that they had three minor recommended' changes and I submitted those to Councilman Townsend who was chairman of that committee. And that's the full extent of my involvement in this matter. Now, who designed the proposed kennels, or who drew up the specifications, I have no knowledge whatsoever. COUNCILMAN STOUTENBURGH: I just wanted to know who'd be responsible when it comes in if it doesn't fit or something. TOWN ATTORNEY TASKER: I have no idea. COUNCILMAN STOUTENBURGH: Jim McMahon did it, is that it? COUNCILMAN TOWNSEND: Jim, want to give us an update on this thing. The dogs contract itself was based on the fact they will be taking Greenport Greenport has a leash law. We are going to provide the facilities' for handling those dogs. They're going to pay for half the cost of those facilities'. We pay the other half. COUNCILMAN STOUTENBURGH: I don't see any problem in it. SUPERVISOR MURPHY: It's something, Paul, that's been a real serious problem with Greenport, and the merchants. Jim, you want to explain a little. COMMUNITY DEVELOPMENT ADMINISTRATOR McMAHON: We had a meeting, as Bob indicated, when it was brought to the -[own Board's attention with the dog problem in the Village of Greenport. Ray Dean, myself, some members from the North Fork Animal League and Joe sat down and had Larry Tuthill and Jack Davis draw up a set of specs based on the need we had of increasing the capacity of the dog pound by 12 additional runs. In looking at several different proposals we thought that rather than get into some of the problems that we had with having a fence or kennel built with fencing, that there were several contractors who built this modular kennel system, and it's used by veterinarians, it's used by a number of municipal dog pounds, that this is a system where you just have to assemble it. It's pre-measured and pre-cut, and we had, as i said, Larry and Jack drew up a set of plans for the. Town. They're not exact~ plans, but these modular systems give you the dimensions and specifications and you can pretty much fit those to your needs. It's not really a complicated--- COUNCILMAN STOUTENBURGH: The changes that they're asking form will they change anything as far as the dollar value goes'? MR. McMAHON: The changes? SUPERVISOR ,~IURPHY: In the contract. COUNCILMAN TOWNSEND: !'11 read them for you right now. It's very simple. COUNCILMAN STOUTENBURGH: That's just a contract between us, is that it? Has nothing to do with--- MR. McMAHON: Paul, what the North Fork Animal League wanted to guarantee is that the Town of Southold was also a partner in this venture and that they wanted, in writing, the fact that the Town was going to contribute $10r~000.00 if they in fact were going to contribute $10,000.00, and that was, I think, in essence what they--- COUNCILMAN TOWNSEND: The contract, right. It says, "The Town and League will undertake to construct a building on town property which will contain 12~dog runs and will be used as a shelter'. 2. The League will be obligated to'match up to $10,000.00 of funds provided by the town. (It is anticipated that,",-and this is in parenthesis, it's not part of the contract---" (It is anticipated that, depending on donations, the League may be able to provide more monies'.) 3. The monies for construction will be placed in a ioint account with two signatures required before monies can be withdrawn. One person from the League and one person from the town will be co-signatories. 4. The agreement will provide for re- imbursement to the League in the event the League ceases to occupy the building prior to the end of the building's 10-year useful life." In other words, we--I guess there is a 10 year depreciation of the facility--of their interest in the facility. The contract was--~this thing created more uproar than it was worth at the time and the Village had eliminated their leash law in an attempt to get us to enforce the law. The Animal Welfare League who was running our dog program felt that it could not take the dogs in with the limited number of runs they had, even though cont'ractually they had agreed to do that. Therefore as the Town's part of this--Greenport agreed to put their leash law back into effect, which would enable us to enforce the law in the Village and they agreed to hire their Own dog warden to be trained by the League, and we agreed to build these runs. This is the culmination of this. Jim has been working very hard to get plans together, which we have--- SUPERVISOR MURPHY: To get approve then too. COUNCILMAN TOWNSEND: Yes, and get approval, and this is the cUlmination of it. We probably should have gone through this, but it is not a controversial contract, there's nothing secret about it. It contains those elements that Greenport agrees that it will appoii~t~-a~di6g~of~cer~, ~enact a dog control law which shall impose restricts upon the keeping of the running of dogs at-large. Southold agrees that Greenport shall have the right to use Southold's Shelter and so forth. It lists the amount of money that Greenport will pay for the dogs in the Dog Pound, and so forth, and vet bills and so forth. MR. McMAHON: They don't have anything in there, Joe, about a cap? A cap as to the number of dogs. COUNCILMAN SCHONDEBARE: ' A limit as to dogs? MR. McMAHON: That was something that we discussed. COUNCILMAN SCHONDEBARE: Have you seen the contract? MR. McMAHON: I have not. I talked to John Czygier who represents--- COUNCILMAN TOWNSEND: There's the sum of $100.00 per dog for all the dogs accepted at the shelter, shall cover the minimum state mandated stay-- there's no discussion of a cap. I think the closest thing to it is the $100.00 maximum stay, at which time the League will turn it over--or if in their d[_s~cretion they determine they will turn it over--in other words the League cannot charge the Village more than $t00.00 for any one dog, unless they're vet bills. SUPERVISOR MURPHY: Would you like to act on this in the spirit or trying to solve the problem a little faster, I think we should go ahead and accept the bid and then Joe, if you'll give the Town Clerk the copy so everybody could be aware of it. COUNCILMAN TOWNSEND: I just received thiS'yesterday, so--- SUPERVISOR MURPHY: I do think we should act on i't, unless anyone has any objections. Anyone? Jay? COUNCILMAN SCHONDEBARE: No, I'll go along on Councilman Townsend's representation that all is in order. SUPERVISOR MURPHY: Paul, are you? COUNCILMAN STOUTENBURGH: I'm okay. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: I'm okay. 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 3 is to approve or disapprove of the cluster concept on a piece of property. I would like to remind the Board that we do not--we are not passing on the plan itself, .the layout of the lots or anything. We're just passing on is this a good place or a bad place for a cluster. I hope everybody looked at the property or knows the property and would someone like to make the resolution, and any questions I'll answer. COUNCILMAN STOUTENBURGH: May I say something here, Frank? SUPERVISOR MURPHY: Sure. COUNCILMAN STOUTENBURGH: ! can't see why we can't have somebody from the Planning Board in to explain this to us, really. I went down--I know the property, I've walked through the property, I know the property, but I think it behooves the Planning Board to do more than send a letter through and say here are the metes and bounds, tell me what you want to do on it. It doesn't seem--maybe that's all you ever do, I don't know. SUPERVISOR MURPHY: Basically that's all we do. COUNCILMAN STOUTENBURGH: It seems kind of ridiculous. Have we ever acted on these negatively? SUPERVISOR MURPHY: Probably we did. We did one here in Peconic ! know. COUNCILMAN SCHONDEBARE: I have to agree with Paul that you go out to the piece of property and one, the piece of property doesn't have the metes and bounds printed on it, so you're not quite sure where this property is and where it begins, and frankly I don't have the expertise to decide whether or not this area should be clustered. I need some input from somebody. SUPERVISOR MURPHY: What it does, I think, is really point up the need for a planner in the Planning Department, and in respect to the Planning Boaifd, they are tremendously overworked. Joe? COUNCILMAN TOWNSEND: Just a point in defense of the Town Bo. ard!s action in the past in not doing this, and I think when Bob comes back we can discuss it more knowledgably, but the Town Board has the right not to do this. We could have designated the Planning Board to do that, we put it in there as sort of a fail-safe measure, but we could allow the Planning Board the right to grant cluster approval, but we chose not to at the time. COUNCILMAN STOUTENBURGH: I think it was wise. COUNCILMAN TOWNSEND: I think what came about--the reason we did that was so that we would have a fail-safe, if somebody happened to know something about the property that it would be--- COUNCILMAN STOUTENBURGH: But that's what I'm saying. COUNCILMAN TOWNSEND: By the Board going out and looking at the properties and acting as a double planning board, it almost takes something that they should be doing out of their hands, something that they should be evaluating. It's not a zone change. It's something we feel that is good for the community to do and if I had my way I would not have the Town Board review these cluster zonings, I would allow the Planning Board to make that decision, because I think it's a function of the Planning Department. That's the way I look at it. COUNCILMAN SCHONDEBARE: I like the fair-safe concept, with us having the final word on it. It's just that when you see something like this, you look at a piece of property and you're trying to make a decision on it. SUPERVISOR MURPHY: And why would it be good or why would it not--- COUNCILMAN STOUTENBURGH: Half of these lots have marshland in front of them and really I'm not sure that the amount--I'd like to ask them when they put down these so many square feet, is that a building lot, including, the marshland or not or how does this work, and it'd be very simple to--you can't go to the Planning Board, there's nobody there, unless you hit it possibly when Henry's in here, and then you have to have a schedule to sit down with him, but I don't see why someone couldn'tr from that Board, come in and for five minutes tell us a little bit about it, make us each feel a little more comfortable with acting on the thing. COUNCILMAN SCHONDEBARE: I'm looking for input. SUPERVISOR MURPHY: Why don't we table this and 1'11 ask Henry for eiither a written comment or to come before the next Board meeting and we'll--- COUNCILMAN TOWNSEND: One other thing, this is not a recommendation by the Planning Board for cluster zoning, just because we do this. The Planning Board still has to authorize it. COUNCILMAN STOUTENBURGH: Agreed, but it would help to have this input, wouldn't it? SUPERVISOR MURPHY: Paul, and as you're talking about the square footage on properties, this is not--wetlands are not included in the square footage, buildable square footage of the property. COUNCILMAN TOWNSEND: Theoretically not, you have to use buildable - property. Bob, I know you explained this before, but run by why we did not just designate the Planning Board---explain what a cluster is. ~ TOWN ATTORNEY TASKER: There's a provision of the Town Law which provides that the Town Board may authorize its Planning Board to approve cluster development of a tract of land. The enabling legislation, which, is in the Town Law, says that the grant of authority must specify the lands which they authorize the Planning Board to consider clustering. There have been some decisions which said, a blanket authorization to the Planning Board to cluster any areas say within the "A" Zone does not comply with thee,statute in that it does not specify the area that you're authorizing to be clustered,, and in order to get around those legal decisions we have adopted the rule tha~t the Planning Board, when it gets an application for clustering a certain area 477 0 that it' will be submitted to this )ard will then pass a resolution authorizing them to consider of the tract and define the boundaries of it. The question of how it's to be layed out, and everything having to do with planning is a function of the Planning Board and not of this Board. All that you are doing is saying as to this tract of land, which is defined in your resolution, we authorize you to consider the cluster development of that parcel. Now, in the Zoning Code we have requirements that must be met which the Planning Board must consider when it entertains an application for a cluster development, so that you're not to get into the question of laying out the plan or second guessing the Planning Board as to how it should be layed out. Your only consideration is should the Planning Board be authorized to consider the cluster development of a particular piece of land. COUNCILMAN SCHONDEBARE: I would have no problem with this resolution if we put in the word "consider". If we say in here, "Resolved that the Town Board of the Town of Southold has inspected the property of Mohring Enter- prises, Inc., located at Mattituck, New York, and approves the consideration by the Planning Board to consider that property for cluster concept," or some wording, I would have no problem with that. But the way this thing is drawn up-- TOWN ATTORNEY TASKER: How does it read? COUNCILMAN SCHONDEBARE: It says that we "approve or disapprove said property as being developed in the cluster concept." Because we've gone out there, looked at it, inspected the property and--- TOWN ATTORNEY TASKER: It should say that you "authorize the Planning Board to consider it." COUNCILMAN SCHONDEBARE: COUNCILMAN STOUTENBURGH: COUNCILMAN SCHONDEBARE: change this around. I'll go' along with that. That makes an entirely different story. Fine, I'll go along with that. Why don't we COUNCILMAN TOWNSEND: Yes, make an amendment. Or say, "eligible at the discretion of the Planning Board." "it shall be eligible for clustering." SUPERVISOR MURPHY: Okay, would you like to amend the resolution? Offer an amended resolution? Jay? COUNCILMAN SCHONDEBARE: Okay, as amended, so moved. COUNCILMAN STOUTENBURGH: And we have a couple of more coming up, think. TOWN CLERK TERRY: Yes', you do. You have two more. SUPERVISOR MURPHY: Any other questions on it? (No response.) Moved' by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold has inspected the property of Mohrin9 Enterprises, Inc., located at Mattituck, New York, and hereby authorizes the Planninc~ Board to consider said property as beinc~ developed in the cluster concept. Said property is bounded and described as follows: Beginning at a point formed by the intersection of the easterly line of Main Road (N.Y.S. Rte. 25) with the southerly line of the land of Peteco Realty Co., which point is the following courses and distances as measured along the easterly line of said Main Road from the southerly line of New Suffolk Avenue: (1) S. 22° 18' 40" W. 180.48 feet, (2) S. 30° 06' 10" W. 100.00 feet; and running thence from said point of beginning easterly and northerly along the land of Peteco Realty Co. the following courses and distances: (1) S. 83° 11' 50" E. 313.77 feet, (2) N. 30° 06' 10" E. 100.00 feet; thence easterly along the land of Tom's Dream Inc. and of Glenn G. and Louise B. Munn the follow- ing course and distance: (1) S. 83© 11' 50" E. 224.41 feet; thence southerly and easterly along the land of Glenn G. and Louise B. Munn the following courses and distances: (1) S. 1© 04' 40" W. 362.00 feet, (2) S. 61° 44' 20" E. 248.84 feet; thence southerly and westerly along Arm of James Creek and Canal known as James Creek, a tie line along said Creek and Canal having the following courses and distances: (1) S. 26° 27' 10" W. 76.12 feet, (2) S. 24© 00' 15" W. 147.51 feet, (3) S. 5° 55' 25" W. 48.04 feet, (4) S. 52° 57' 55" W. 33.47 feet, (5) 5. 16° 47' 50" W. 100.90 feet, (6) S. 3© 12' 50" E. 91.85 feet, (7) S. 13© 12' 50" W. 75.63 feet, (8) S. 2° 24' 30" E. 115.43 feet, (9) S. 32° 05' 15" W. 50.57 feet, (10) N. 59© 39' 15" W. 137.72 feet, (11) N. 81© 56' 40" W. 116.25 feet, (12) N. 81° 50' 20" W. 83.86 feet, (13) N. 76° 06' 55" W. 84.73 feet, (14) N. 77° 54' 20" W. 68.82 feet, (15) N. 83© 20' 50" W. 188.07 feet, (16) N. 71© 15' 45" W. 63.61 feet, (17) S. 85© 17' 15" W. 81.37 feet, (18) N. 74© 48' 45" W. 73.86 feet; thence northerly along the land now or formerly of John W. Boutcher, Jr. and Alice Pantaleo, along a right of way along the lands of Alfred and Christina Steiner, of Frank Milowski, of Zozislaw a~nd Stefanie Mikolojzyk, of Roy A. Schelin and of Paul Lucas the following course and distance: (1) N. 48° 00' 00" W. 615.29 feet; thence westerly along the land of Paul Lucas, along a right of way, and along the lands of Paul and Helen Lucas and of Walter Grabie Inc. the following course and distance: (1) N. 57° 51' 40" W. 568.41 feet; then'ce northerly along the easterly line of aforesaid Main Road the following courses and distances: (1) N. 44© 56' 00" E. 170.00 feet, (2) N. 37° 07' 50" E. 103.23 feet, (3) N. 30° 06' 10" E. 60.00 feet to the point or place of beginning. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwai~ds, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to authorize to sell some stock for the Fishers Island Ferry District. Moved by Justice Edwards, seconded by Councilman Schondebare, WHEREAS, Mrs. Emily P. Ridgeway has donated 500 'shares of Stanley Works stock, valued at $14,062.50, to the Town of Southold for purposes of acquisition of real property from the United States Government and located at Fishers Island, New York, and WHEREAS, the Fiduciary Trust Company of New York has requested the 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 purpose and then transmit the same to the Fiduciary Trust Company of New York in accordance with their instructions. 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 5 is a resolution that we had discussed and sent a letter of support to our Assemblyman and State Senator.' Do you want to offer that resolution now or hold it? (Support of Senate Bill No. 6978 to amend the town law in relation to setting fines for violation of town zoning ordinances. ) COUNCILMAN TOWNSEND: Well, in view of the fact we already how the power I think we may just send them a letter outlining the discussion we had. SUPERVISOR MURPHY: Yes. Okay, you'd like to hold it? COUNCILMAN SCHONDEBARE: Yes, I would. SUPERVISOR MURPHY: Paul, would you like to hold it? COUNCILMAN STOUTENBURGH: Yes, I would think we would just forget it. ? SUPERVISOR MURPHY: Would you like to hold it, Ray? JUSTICE EDWARDS: Yes. SUPERVISOR MURPHY: We will not vote on this. We had quite a discussion this morning on the misdemeanor part of it and I think we could address it better in our own Code. COUNCILMAN TOWNSEND: We already have the right to do it if we wish. Under the Home Rule Law. SUPERVISOR MURPHY: Number 6 is to spend some money for the Municipal Rate Payers Consortium. Moved by Supervisor Murphy, seconded by Councilman TOwnsend, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $500.00 of surplus 1983 Federal Revenue Sharing Funds to a new line item entitled, "Municipal Rate Payers Consortium." SUPERVISOR MURPHY: Any questions on this? This is to help fight, with all the communities on Long Island, to help fight, professionally, rate increases of utilities, phone, lighting company and that. Locally we're very ineffective by just sending in a local resolution. 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 laav~.tl~e Town join in a consortium of municipal rate payers associati0n~' i o'£i~e~: ~;~h~ resolution. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, it has become increasingly evident that the Public Service Commission has not in the past sufficiently responded to the economic plight of utility rate payers in the Counties of Suffolk and Nassau, and WHEREAS, the individual citizen and the municipal rate payers in said Counties do not have on an individual basis the expertise or the resources' with which to properly and forcefully defend.against repetitive and outrageous applications for utility rate increases, and WHEREAS, New York State Statutes under which the Public Service Commission operates, its own rules and. regulations and the methodology, considerations and prejudice used by the members and the staff of the Public Service Commission must be drastically amended and altered so as to insure future responsiveness to the rate payers of the Counties of Suffolk and Nassau, and WHEREAS, the Association of Supervisors of the County of Suffolk unanimously approved on September 15, 1983, a resolution proposed by Michael A. LoGrande, the Supervisor of the Town of Islip, to form an advocacy association, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby resolves to join in a consortium of Municipal Rate Payers Advocacy'Association, which Association shall be charged with fulfilling the above stated goals, the cost of which Associa- tion is to be allocated on a fair and equitable basis amongst its members, and it is further RESOLVED that all other municipal rate payers in Suffolk and Nassau Counties, including Towns, Villages, Cities and School Districts are hereby requested to join. in said Municipal Rate Payers Advocacy Association, and it is further RESOLVED that the Town of Southold contribute to said Association for the first year of it'~s operation, a sum not to exceed Five Hundred ($500.00) Dollars. a 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 8 is to set public hearings on Wetland Applica- tions. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, February 14, I984, Southold Town Hail, Main Road, Southold, New York, as date and place for hearings upon the following applications for Wetland Permits: 3:32 P.M. - in the matter of the application of Russell B. Case for a permit under the provisions of the Wetland Ordinance of the Town of Sothold to remove phragmites and plant grass seed on the easterly side of Case's Lane Extension, Cutchogue, New York. 3:35 P.M. - in the matter of the application of Pirates Cove Marine, Inc. for a.permit under the provisions of the Wetland Ordinance of the Town of Southold to remove existing marine railway, construct rock bulkhead, and back- fill with fill from an upland source on the Inner Bay of West Harbor, Fishers Island, New York. 3:37 P.M. - in the matter of the application of Enconsultants, Inc., on behalf of Lewis Edson, for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct timber dock consisting of fixed elevated catwalk, hinged ramp and float secured by two pilings at the south side of Clearview Avenue, on Goose Creek, Southold, 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 9 is to authorize employees and elected officials to go to the Association of Towns meetings in New York. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following officers and employees of the Town to attend the Annual Meeting of the Association of Towns to be held on February 19, 20, 21, 22, 1984 at New York City: '4,8 0 10. 11. Supervisor Francis J. Murphy Councilman Joseph L.::,Townsend, Jr. Councilman Paul Stoutenburgh Councilman James A. Schondebare Justice Raymond W. Edwards Justice Frederick J. Tedeschi Justice William H. Price, Jr. Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Historian Magdaline Goodrich Planning Board Member James Wall Planning Board Secretary Diane M. Schultze Board of Appeals Member Gerard P. Goehringer Board of Appeals Secretary Linda Kowalski Town Trustee Jean W. Cochran Confidential Secretary to the Supervisor Christina J. Hogan Account Clerk Joan Richter Account Clerk Mary Bourcet Justice Court Clerk Christine Stulsky Assessor's Clerk Julia E. King Community Development Administrator James C. McMahon Building Inspector Curtis W. Horton SUPERVISOR MURPHY: These are the people who put requests in to attend. 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 10 is authorize the Supervisor to execute the agreement between the Town of Southold and Compu-Pressure of New York. That's our blood pressure testing machine in Town Hall, which has gotten tremendous good comments from everybody who comes into the Town Hall and it was probably one of the best investments we made back three, four years'. Next year we will negotiate to buy. It wasn't worth it this year. I offer that resolution.' Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement betweenl the Town of Southold and Compu-Pressure of New York, Inc. for the lease of one (1) Vita-Stat Automatic Blood Pressure Computer for a term of one year from the 1st day of February, 1984 through the 31st day of January`, 1985, at the sum of $250.00 per month, which includes maintenance. SUPERVISOR MURPHY: Any questions on it? (No response.) ,Sum is $250.00 a month. 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 is to approve the Town of Southotd Community Development Residential Rehabilitation Program Guidelines and Operation Manual, as administered and prepared by the Greenport Housing Alliance. I offer that resolution~ Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby approves the "Town of Southold Community Development Residential Rehabilitation Pro,]ram Guidelines and Operation Manual" as administered and prepared by the Greenport Housing Alliance, Inc. COUNCILMAN STOUTENBURGH: Frank, do we have someone in the audience who could explain this to the public a little bit? SUPERVISOR MURPHY: Yes. Bev, would you like Lo make some comments on this? COUNCILMAN STOUTENBURGH: So that the public could understand what we're doing here. MR. BEVERLY SMITH, Housing Coordinator, Greenport Housing Alliance: To bring you up to date, some time ago the Board did approve the Housing Alliance to administer the Rehabilitation Program for Year VII and VIII. From that we've met with the County; the consortium people there, Mr. Joe Sanseverino, and Barbara Mack, and developed this manual that's consistent with HUD regulations and other townships a-nd hOW, the program is being administered there, so it's already l~een prez~(~i~er~'ed b~ them, who have given it their approval. Now it is before the Town Board for approval and our guidelines for admistering the program for Year VII and Vlll. SUPERVISOR MURPHY: Anyone have any questions for Bev? COUNCILMAN STOUTENBURGH: Beverly, one question I have. Eligibility requirements for loans and 9rants for rental rehabilitation. Is it just for rental? MR. SMITH: No, sir. COUNCILMAN STOUTENBURGH: I couldn't find where it was that explicit to say for homeowners. MR. SMITH: Homeowners are basically the people that would be primarily the people who would be receiving the program. COUNCILMAN STOUTENBURGH: I would think so. MR. SMITH: Yes'. So t imagine--- COUNCILMAN STOUTENBURGH: Understood, basically that was what it was for, but it wasn't spelled out that way. All right. MR. SMITH: I'm sorry that I don't have a copy, but it could even be an oversight on our part--- COUNCILMAN STOUTENBURGH: You might just take this one while you're sitting there and look at it, all right? I appreciate your input. SUPERVISOR MURPHY: Anyone else have any questions? Jay? COUNCILMAN SCHONDEBARE: No, I don't. 12. SUPERVISOR MURPHY: Joe? COUNCILMAN TOWNSEND: There was one thing. Well, I can't find it right now. When I was reading through it it occurred to me. No, not at this time, I'm sure that we can change it later if necessary. MR. SMITH: It's not that final--- SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: No questions. SUPERVISOR MURPHY: Bev is always available to any Board member if you have any questions, any input into the program, fine. Okay, you want to vote? Thank you, Bev. 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 12 is pay increase for the new policemen. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby grants the following Southold Town Police Officers their six month salary increments from $7,500.00 to $12,000.00, effective the following dates: Police Officer Kevin J. Lynch - February 10, 1984. Police Officer Howard W. Sawicki - February 10, 1984. Police Officer John A. Baglivi - February 27, 1984. SUPERVISOR MURPHY: Anyone have any questions on it? COUNCILMAN SCHONDEBARE: I have discussion on it. Do I assume that as long as they are on the probationary period they fall outside of the PBA contract? SUPERVISOR MURPHY: Yes, for the first year. This is in their contract, the salary schedule is in for a new police officer. At the end of his full year he automatically will go up to what is it, $18,000.007 Something like that--more than that $21,000.00, something like that. COUNCILMAN SCHONDEBARE: That's why I questioned it. if it's already in their contract, why do we need a resolution to do it? COUNCILMAN STOUTENBURGH: You still have to authorize it, don't you? 482, 13. 14. (a) COUNCII-~IAN SCHONDEBARE: I mean, we already did by approving tl~e contract, that in six months they would get another--- TOWN CLERK TERRY: it doesn't say in the contract, Jay, it says at the first year it's at the discretion of the Town Board. TOWN ATTORNEY TASKER: At the discretion of the Board. So that you have the discretion during the first year to increase their starting salary., Second and subsequent years are all fixed in the contract. COUNCILMAN SCHONDEBARE: ' Okay; thank you. SUPERVISOR MURPHY: Okay to vote? (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 13 is a long awaited one to approve a bill for lighting that was an oversight last year and we're correcting that mistake. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby approves payment of the bill in the amount of $26.06 for the electric charges by the Village of Greenport for the use of the lights on the polo grounds, Moores Lane, Greenport, by the North Fork Midget Football League during the fall of 1983.. COUNCILMAN SCHONDEBARE: is there a discussion on it? SUPERVISOR MURPHY' Sure. COUNCILMAN SCHONDEBARE.' Remember' when they increased our assessment on us on a piece of property in the Village of Greenport? COUNCILMAN STOUTENBURGH: We're working on that. SUPERVISOR MURPHY: We can't let the Little League pay 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 14 is one that was a long time coming. It's to finally create a position for Maintenance Mechanic for the buildings. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Maintenance Mechanic 111 in Building & Grounds, at a starting salary of $16,000.00 per annum. SUPERVISOR MURPHY: Any questions on this? COUNCILMAN SCHONDEBARE: Yes, I have discussion on it. I thought when we had this we said we had two positions that have been created. Ray Dean created two and the fellow was in one and it was empty in Mechanic Il. We have Mechanic I and Mechanic 11, and there was somebody in Mechanic !, there was nobody in Mechanic II. Why now are you creating Mechanic II17 i'm lost. COMMISSIONER OF PUBLIC WORKS DEAN: I think that's the way _the Civil Service said we had to do it. SUPERVISOR MURPHY: Yes', there was something--they bounced that first one back, Jay. COMMISSIONER OF PUBLIC WORKS DEAN: It's another category, Jay, ,and they said make it a Iii, so they created a new position. COUNCILMAN STOUTENBURGH: It's not any more people. SUPERVISOR MURPHY: And we had to show the skill in the two fields, in carpentry and maintenance. COUNCILMAN TOWNSEND: Job classification insufficient in maintenance. COMMISSIONER OF PUBLIC WORKS DEAN: Actually this puts this thing up. If we go out for i, raising it, it was Ii, and I is lower than Ii, so we had to go to !il to bring the scale up. COUNCILMAN TOWNSEND: We had said we'were going to put in Maintenance Mechanic ! and that turned out you couldn't do that? COMMISSIONER OF PUBLIC WORKS DEAN: No, we were going to put him in Civil Service !. COUNCILMAN SCHONDEBARE: Yes, we were going to use Maintenance category II. COMMISSIONER OF PUBLIC WORKS DEAN: But we had a II, and we thought we could go to I, but they said, no, Civil Service, so we made a III and it was okay with them. Whatever makes them happy. SUPERVISOR MURPHY; You see, Jay, on these you have to send---I believe you have on the back of that form--that has to be sent in and they send back to the Town and tell you what the position is. COMMISSIONER OF PUBLIC WORKS DEAN: They authorize it. COUNCILMAN SCHONDEBARE: So all we're going to do on this resolution is simply create a position at that salary scale. COUNCILMAN TOWNSEND: Right. COUNCILMAN STOUTENBURGH: Does this person--in the job description he's a skilled worker in carpentry, builds and repairs and lifts manual work--can he do anything up there,' or is he restricted'? SUPERVISOR MURPHY: This is not the Landfill, Paul, this is building maintenanceo COUNCILMAN STOUTENBURGH: Okay, you started me off wrong. SUPERVISOR MURPHY: Any other questions? Ray? JUSTICE EDWARDS: No. O kay · SUPERVISOR MURPHY: Joe, anything? COUNCILMAN TOWNSEND: No. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Judy, do we have to advertise for the job? TOWN CLERK TERRY: ! would say you would have to post it on the bulletin board in accordance with the CSEA Contract. is this promotional? COMMISSIONER OF PUBLIC WORKS DEAN: Yes. SUPERVISOR MURPHY: It's a promotional job from inside, right? TOWN ATTORNEY TASKER: As 1 understand it, with this resolution that you have before you now, you're creating the position. You haven't filled' it yet. It seems that this would be a promotion and when you get to the point of filling it, you have to comply with the CSEA requirements. I think you have to post it and offer the job to all qualified employees. SUPERVISOR MURPHY: Okay, so we should post this now if we want to fill this job in two weeks or a month 'from now. Do we need the resolution is what I'm say, to post it? TOWN ATTORNEY TASKER: That would be the second resolution. First you create the position. Now if you wish to proceed to fill it, then you would post the position. A resolution. SUPERVISOR MURPHY: to post this--- TOWN CLERK TERRY: SUPERVISOR MURPHY: Contract. Number 14(b) then will be to authorize the Town Clerk I think the Supervisor does this as the Personnel Officer. Yes, we'll post it in accordance with the Civil Service TOWN ATTORNEY TASKER: And seek applications. 14. (b) 15. (a) Moved by Supervisor Murphy, seconded by Councilman Townsend, it was RESOLVED that Supervisor Francis J. Murphy be and he hereby is authori~zed and directed to post, in accordance with the CSEA Contract, the notice of the creation of the position of Maintenance Mechanic II1, and seek applicants for said position. SUPERVISOR MURPHY: Any questions on it? JUSTICE EDWARDS: No. SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH: Nothing. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: required to fill it? Do you have any questions, Jay? By posting it, Frank or Bob, are we then TOWN ATTORNEY TASKER: You don't have to accept anybody, but you"re soliciting applicants for this position. Under' the CSEA it's a requirement that when you're going to fill a position that you must post it to give all of the members of CSEA an opportunity to apply for it. COUNCILMAN SCHONDEBARE: But we don't have to accept someone. SUPERVISOR MURPHY: Right. No, you don't have to accept. We had a grievance last year, Jay, from one of the employees where they said they weren't notified of this job opening to where they could apply for it, so this is why we're trying to do this. Okay? COUNCILMAN SCHONDEBARE: Okay. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Numbers 15(a), (b), and (c) is to purchase seecl clams and scallops. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of the following clams from Aquacultural Research Corporation, Dennis, Massachusetts, the same to be paid from Community Development Funds: 75,000 4-6 mm clams @ $15.00 per 1000 $1,125.00 50,000 6-8 mm clams @ $17.00 per 1000 $ 850.00 $1,975.00 15. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes': Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murph~y. 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 Southold hereby authorizles the purchase of the following clams from Shinnecock Tribal Oyster Project, Southampton, New York, the same to be paid from Community Development Funds: 89,000 4-6 mm clams @ $12.00 per 1000 $1,068.00 50,000 6-8 mm clams @ $16.00 per 1000 $ 800.00 $1,868.00 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. 15. (c) Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of the following scallops from Aquacultura! Research Corporation, Dennis, Massachusetts, the same to be paid from Community Development Funds: 100,000 4-6 mm scallops @ $15.00 per 1000 $1,500.00 COUNCILMAN TOWNSEND: I'd like to comment. SUPERVISOR MURPHY: Joseph, go ahead. COUNCILMAN TOWNSEND: The only comment i'd like to make on this thing is that I'm not exactly sure about how effective a program on scallop regeneration would be. I would like--I think it's worth a shot and mayl~e if it provides the small creeks and bays with some scallops it would be great, but once again l~m wary of expanding into this area, so I would like to give notice at this point, that if the evaluation of this program is not 100% positive I won't vote for it next year. I will vote for it this year, though. SUPERVISOR MURPHY: Thank you. Any other questions? JUSTICE EDWARDS: Comment. I would certainly like to see some of these on Fishers Island, because I don't think there was a bushel of scallops taken out of Fishers Island this year. We had an extremely poor season, and I'd certainly like to see some seed put in at the Island. SUPERVISOR MURPHY: We will pass this on. Any other questions or comments? (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 16 is to advance funds to help in payroll purposes for the Nutritional Program, Community Development Program and Farmland Preservation Commission. 16. SUPERVISOR MURPHY: Any questions? Jay? Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes tl~e advance of funds, in an amount not to exceed $5,000.00, from General Fund Whole Town Account to the l~utrition Program, Home Aide Program, and Community Development Program, when' in neecl for payroll purposes. Said advance to be repaid to the General Fund Whole Town Account within sixty (60 days, and be it further RESOLVED that the Board authorizes the advance of funds, in an amount not to exceed $2,000.00, from General Fund Whole Town Account to the Farmland Preservation Committee for their general expenses. Said advance to be repaid at the~time the bond is sold. COUNCILMAN SCHONDEBARE: No. SUPERVISOR MURPHY: Paul? COUNCILMAN STOIJTENBURGH: No. SIJPERVISOR MURPHY: Ray, any questions? JUSTICE EDWARDS: No. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SIJPERVISOR MURPHY: Number 17 is a police transfer. .17. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the. Town Board of the Town of Southold hereby authorizes the transfer of $15,000.00 from B3120.4 Police, Contractual Expenses, into B3120.2 Police, Equipment. SUPERVISOR MURPHY: Any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwardsw Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to accept the bid for police vehicles. 18. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors, Inc. w for supplying the Town with five (5) 1984 Police Vehicles (less trade-in of seven' (7) vehicles), at a total cost of $51o990.00. $44,990.00 to be paid from Police Equipment, and $7~000.00 from Surplus Federal Revenue Sharing Funds. SIJPERVISOR MURPHY: Any questions on it? (Nlo response.) This money will not be spent, even though we're authorizinc~ this--probably these cars will not be delivered until late spring, early summer. COUNCILMAN TOWNSEND: The only comment was, and the same comment.'l made in the Police Committee meeting, is that the $7,000.00 that is to come from Revenue Sharing--this runs against what the intent of the bL/dget was,. But because the Chief' feels he's in desparate need of this car, I guess we have to go with it, but I do it with some reservation, because when we worked out the budget we were not going to have this additional car, we deleted this car from his budget. COUNCILMAN STOUTENBURGH: Joe, ! share your concern, but you being on the Police Commission you must know better than anyone really. COUNCILMAN TOWNSEND: Well, the intent was to~-over a period of three years ~ pull all the Revenue Sharing Funds out of these recurring expenses, SUch as ~l ~i police cars and so forth. The previous Supervisor had made that recommenda- ,~;J~ tion, which we went along with, reluctantly at the time, but now I'm reluctantly going over to the other side. SUPERVISOR MURPHY: What this is is surplus--or extra money that wasn't spent on 1983 Federal Revenue Sharing, so we didn't commit '84's Revenue Sharing to police cars and we had very little other areas to take it from~ :Paul, and we could only do it this way. I don't want to touch the contingency~ because the fund is very small. COUNCILMAN STOUTENBURGH: I'm just saying Joe's philosophy has some merit. SUPERVISOR MURPHY: Right. We will examine, again next year, on the number of police cars. Maybe we can cut it down to four. The Police Chief is very upset about the ~ars and he needs the coverage, and the people are asking and demanding for more and better police coverage all the time. COUNCILMAN STOUTENBURGH: How many miles do they put on did you say, a year? SUPERVISOR MURPHY: About 80,000- 90,000. COUNCILMAN TOWNSEND: But the time they idle their cars so much--- SUPERVISOR MURPHY: Yes, it's got about 150,000 on the engine. COUNCILMAN SCHONDEBARE: I think the ones he presently has, Paul, have something like what, 50,000 - 60,000 on them? SUPERVISOR MURPHY: 50,000 - 60,000 already. COUNCILMAN SCHONDEBARE: So if you tack on an extra year, you're talking over 100,000 miles and that's what did it to us at the Police Committee meeting. SUPERVISOR MURPHY: And the cost of repairing a police car package is tremendously expensive. 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. SUPERVISOR MURPHY: Bob, on 19, this is where we're going to authorize postage for the Town-wide mailing on the Master Plan Update hamlet meetings in the amount of $700.00. Is this--could this be out of Part-Town Contingency? Where could it come from? TOWN ATTORNEY TASKER: SUPERVISOR MURPHY: Yes. TOWN ATTORNEY TASKER: This is for zoning? it would have to be Part-Town. SUPERVISOR MURPHY: It would be a Part-Town expense? TOWN ATTORNEY TASKER: Yes. Do you have any funds for it? SUPERVISOR MURPHY: The only money that I know of, just off hand, without talking to Joan, is the Contingency Account. TOWN ATTORNEY TASKER: How much do you have in there? SUPERVISOR MURPHY: I believe, what, $15,000.00, Joe, we put in those? COUNCILMAN TOWNSEND: We increased it. 4 8Z, 19. 19. SUPERVISOR MURPHY: i believe $15,000.00. TOWN ATTORNEY TASKER: You could use that. Take it out of the Contingent. SUPERVISOR MURPHY: Because the Part-Town has always been--we've been into surplus very early on that. TOWN ATTORNEY TASKER: Unless you ,got anything else budgeted. anything budgeted for the Planning Board? SUPERVISOR MURPHY: We have nothing budgeted-- TOWN ATTORNEY TASKER:~ Well, you've got to take it out of Part Town Contingent. COUNCILMAN TOWNSEND: You got Well, we have Planning Board. SUPERVISOR MURPHY: We have Planning Board. You want to take it out of Planning Board? TOWN ATTORNEY TASKER: Well, if they have funds. COUNCILMAN TOWNSEND: I would rather take it out of Contingency, because we're going to try to hire a planner at a very Iow rate, so--- SUPERVISOR MURPHY: We'~:e' going to have a lot of money---to be going into the Planning Board--? I would take it out of Contingency - Part Town. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the '[own Board of the Town of Southold hereby authorizes the expenditure of an amount not to exceed $700.00 from the Part-Town Continqent Account in the 1984 Budget., to be expended for postage for a Town-wide mailinq concerninq public informational meetinqs on the Master Plan Update, to be conducted by The League of Women Voters and The North Fork Environmental Council on the following dates: February 9, 1984 - Orient - East Marion February 16, 1984~ - Southold February 23, 1984- Cutchogue- New Suffolk February 27, 1984- Mattituck SUPERVISOR MURPHY: Any other questions? TOWN ATTORNEY TASKER: I have a question. ! would strike out the people who are going to conduct it, not that there is any derogation there, but your resolution indicates that you're appropriating public funds for the conduc~ of a hearing by a private entity. SUPERVISOR MURPHY: Okay, this will be by the Town Board---just strike it all out. JUSTICE EDWARDS: Does that mailing go to the lsland~too, or just--- SUPERVISOR MURPHY' Ray, we cer_tainly will. COUNCILMAN STOUTENBURGH.- that worked out. Not until we set up a date and I~ave all AMENDED: RESOLVED that the Town Board of the Town of Southold hereby authorizes the expenditure of an amount not to exceed $700.00 from the Part-Town Contingent Account in the 1984 Budget, tobe e~xpended for postage for a Town-wide mailing concerning public informational meetings on the Master Plan Update on the following dates: February 9, 1984- Orient - East Marion February 16, 1984 - Southold February 23, 1984 - Cutchogue - New Suffolk February 27, 1984. - Mattituck Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Cour~cilman Townsend, Supervisor MurPhy. Abstain: Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is not on your prepared agenda, either, it is one we added on later. This is the long awaited one that we've had so much of a problem trying to get. 20. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby creates the competitive position of Sanitation Supervisor for the Southold Town 20. Landfill site, at a salary of---- ---do we need the exact salary? COUNCILMAN SCHONDEBARE: We didn't discuss that. SUPERVISOR MURPHY: Could we put a range? COUNCILMAN TOWNSEND: What did we put in the budget~ SUPERVISOR MURPHY: Bob, could we put a range in here in the salary,l or do we have to mention the salary? TOWN ATTORNEY TASKER: I guess you have to mention the salary, not to exceed--- SUPERVISOR MURPHY: Not to exceed $20,000.00. This is what was bud§eted. AMENDED RESOLVED that the Town Board of the Town of Southold hereby creates the competitive position of Sanitation Supervisor for the Southold Town Landfill 21. 22. site, at a salary not to exceed $20,000.00, and hereby authorizes the Tow~ Clerk to advertise for resumes for said position, to be received by I=el~rua~y 10, 1984. SUPERVISOR MURPHY: Any questions on it? questions ? COUNCILMAN STOUTENBURGH: No. (No response.) Paul, any 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 21 is to authorize the Town Attorney to file a grievance with the Village of Greenport on our increased assessment. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Attorney Tasker to prepare and file a grievance with the Village of Greenport in the matter of the increase of assessment from $100 to $3000 on certain Town property located in the Sandy Beach area r Greenport, and described as follows on the Suffolk County Tax Map: District No. 10~1, Section No. 003, Block No. 02, l_ot No. 001. SUPERVISOR MURPHY: Any questions? (No r.esponse.) 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 the decision on the appeal of Jody Adams. Moved by Supervisor Murphy, seconded by Councilman Schondebare, WHEREAS, on January 3, 1984 the Southold Town Clerk received, from ~Jody Adams, an appeal under the Freedom of Access Law, pursuant to Chapte-F-~-3, Section 73-8 of the Code of the Town of Southold, citing an unsatisfactory response from the Southold Town Police Department with relation to a re~ord' of all "traffic slowdowns and all tickets emanating from" for the period November 1, 1982 to the present, and - WHEREAS, the Southold Town Board scheduled a hearing on Miss Adams' appeal for 3:30 P.M., Tuesday, January 31, 1984 at the Southold Town Hall, and notification of said hearing was transmitted by mail to Miss Adams on January 18, 1984, and responses from Miss Adams, received January 23, 1984, and January 30, 1984, indicated her receipt of this notification, and WHEREAS, the Southold Town Board held said hearing on the aforesaid appeal at 3:37 P.M., Tuesday, January 31, 1984, at which time Miss Adams failed to appear, and WHEREAS, the Town Board has been advised by Chief of Police H. Daniel Winters that a record is not kept on the traffic checks, which are conducted for the purposes of checking driver's licensing, car registration status, and to ascertain conditions of a vehicle's safety (inspection certificate), and are conducted at the discretion of the road supervisor on duty at any given date or time, now, therefore be it RESOLVED that the Town Bbard of the Tow~, ~of Southold finds that the record ~equested by Miss Admas does not exist, anld therefore copies of the same cannot be provided. 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. COUNCILMAN SCHONDEBARE:: Wilt she get a record of this? TOWN CLERK TERRY: Oh, yes. SUPERVISOR MURPHY: We will notify her. That's the end of the prepared and amended agenda. Any Councilman Ilke anything else to say? Jay? COUNCILMAN,SCHONDEBARE: I will say that one of the nicer things when you're Councilman is that you can get a resolution for someone's 50th Wedding Anniversary and go to their house or go to their party. You knock on the door and you say, "Hello," and you read the resolution on behalf of the Town and they love it. It's very nice. If anyone knows of anyone who's celebrating their 50th Wedding Anniversary, or something like that, tell us. SUPERVISOR MURPHY: Or anything special. COUNCILMAN SCHONDEBARE: It was a nice experience, really. SUPERVISOR MURPHY: Joseph? COUNCILMAN TOWNSEND: I have nothing. SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH: Nothing. SUPERVISOR MURPHY: Judge Edwards? JUSTICE EDWARDS: Nothing, thank you. SUPERVISOR MURPHY: Anyone in the audien'ce like to have any comments? (No response.) If not, I would like to thank everybody for their attendance today, i'm glad to see people turning out for the Town Board and participating. Thank you again and I move that we close. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be adjourned at 4:55 P.M. Vote of the Town Board: Ayes': Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared- duly ADOPTED. Southold Town Clerk