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HomeMy WebLinkAboutTB-04/10/1984108 $OUTHOLD TOWN BOARD APRIL 10, 1984 EXECUTIVE SESSION 10:15 A.M. - The Board met with Chief Winters to discuss the P.B.A. contract which has not been signed by the P.~B.A. as yet. WORK SESSION 10:30 A.M. - Mr. James Bitses addressed the Board concerning his proposal to erect a new "Jacks Shack" at the Southold Town Board. The building would be smaller in size and would be overseen by a Town resident. He would bear all costs and expenses of erection and connection to the sanitary facilities, and asked the Board to grant him a lease of at least ten years to amortize the cost ane expense of the structure. The question of the connection to the sanitary facilities was r~aised...'.. Mr. Bitses will'investigate this thorugh the Health Depart- ment. He was 'asked to draft a proposal for the lease, type of building, etc. and present it to the Town Board. Mr. Bitses also discussed his proposal for the Town to hold a referendum on a preliminary feasibility study.to create an electric utility district. He said this was done in Massena, New York. The question of how Massena did this he. could not answer, but will return to the Board with further information after a research of this 10:55 A.M; - Lynn Wickweir and Sid DavidOff, attorney, presented to the Town Board the new proposal: for Cable Television service in Southold Town.. They wish to coordinate the signing of this new contract at the same time as Riverhead and Southampton. Considerable time was spent reviewing with the Board the various sections of the proposal, which was over 6~1 pages long. They had hoped the Board would adopt a resolution author[zing Supervisor Murphy to execute the construct at the evening Board meeting, however, the Board needs time to thoroughly review the proposal as well as Town Attorney Tasker, -and probably hold a public hearing. Town Attorney Tasker wi]~;consult with New York State Commission on Cable Televisions to determine what the legal procedure is. 11:40 A.M. - Mr. Norman Stille¥, Jr, met with the Board to ask for funds for his travel and living expenses during his Olympic 'wrestling qualification tournaments (this weekend there is a final in Florida toward the Olympic Trials). He has received financial help from the Greenport Rotary and a business in Riverhead. The Town cannot donate money to an individual, but Supervisor Murphy offered to bring this to the attention of the press to get publicity and offer to have donations sent to his 'office. 11:50 'A.M. - Supervisor Murphy .brought to the Board's attention a voucher from the Highway Department indicating that Justice Edwards had signed for $53.58 in gasoline at the Hiqhway pump during the months of January, Feb- ruary and March. He stated that this is 'illegal, Justice Edwards cannot be reimbursed for gasoline for his personal vehicle which he keeps for trans- portation in the Town of Southold. Justice...Edwards stated that he uses his car for Town business; he does not stay at a motel while in Town, but at the home of a friend in Aquebogue, and this is a considerable savings to the Town. Supervisor Murphy said this is still illegal and he will not author- ize payment of the bill; he cannot be reimbursed for transportation within the Town, only for the cost to come to the Town Hall from Fishers Island. Town Attorney Taske'r stated that Town Board members cannot charge mileage for attending Town Board meetings.--Justice Edwards brought up the matter of paying his justice clerk, stating that money was put in the 1984 budget for this. Since Supervisor Murphy has made an issue of it, he will drop it and his wife, who is acting as his clerk, will probably discontinue doing his justice work. Supervisor Murphy said'that if anything is to be done as far as a justice clerk or paying mileage, this should be a set procedure of the Board and not done without authorization.--Justice Edwards presented a list of the duties performed by his wife as his secretary/court clerk. 12:05 P.M. - The~.Board audited the outstanding vouchers. 12:40 P.M. Recess for lunch. APRIL 10, 1984 Work Session reconvened at 2:00 P.M;~?=~;~Ri~hard'and Elizabeth Simon Meade met with the Board to discuss their letter of March 28, 1984 concerning Planning Board appointments which were cancelled. Mr. Meade made it quite clear that he is extremely unhappy with the procedures of the Planning Board and charged inefficiency and mistreatment. Mr. Meade also asked :the Board to make a decision on the Simon relief petition by June 1st. Supervisor Murphy and the Town Board advised Mr. and Mrs. Meade that they would like to examine the facts further relative to the appointments referred to, and asked Mr. Meade to document everything he spoke about at this meeting. He was also advised the Board would ask the new planning consultant to review the Simon petition and submit an opinion. 2:30 P.M. - Attorney Allen Smith and William Lieblein appeared before the Board to discuss a proposal to develop Port of Egypt. Town Attorney Tasker advised the Board they should not discuss a proposed change of zone prior to a public hearing, which is the proper time for testimony, and any discussion would be highly improper. The majority of the Town Board agreed not to entertain any discussion on a proposed change of zone by Mr. Lieblein. EXECUTIVE SESSION 2:55 P.M. - The Board met with Special Attorney James Reynolds to discuss the Robert Douglass litigation. 3:05 P.M. Recess for two Wetland Application public hearings: Helen Case and Joseph Fischetti. Work Session reconvened at 3:30 P.M. at which time the Board met with Richard Mohring to discuss his Highland Estates subdivision at Cutchogue. There have numerous complaints for individuals who have purchased property in this subdivision, concerning the roads which have not been completed and are in disrepair. The Board has been holding a $200,000 bond for the completion of the roads and improvements in'that subdivision since 1976. Mr. Morhing indicated that he. cannot get the road contractor to fulfill his 'obligations. He was advised that if the roads were not completed by June 1st the Board would pull the bond. 4:00 P.M. - David Emilita, Senior Planner for Szepatowski Associates Inc., and proposed new Plannin9 Consultant for the Town, appeared before the Board and presented the comments of his firm with relation to the Daniel Silverman and E. Cartnick Wetland Application. Whereas the public hearing has already been held on this application (March 27, 1984), the comments of Szepatowski cannot be considered in making a decision.--The Board did discuss the possible impact of the project and felt that a draft environmental impact statement should be called for (Resolution No. 3 on the regular meeting agenda), and in light of the length of time needed to prepare a DEIS, and the fact the Wetland Application must be acted upon within 30 ~days of the public hearing, the Board felt the a~pplication should be denied without prejudice (Resolution No. 4 on the regular meeting agenda) .---Mr. Emilita discussed the Planning Consultant agreement with the - Board, which will be redrawn and approved by the Town Attorney and Town Board (Resolution No. 23 on the regular meeting agenda). $:00 I~.M. - Various off-agenda items were reviewed. 5:45 P.M. - Work Session adjourn, ed. REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, ,April~,10,~,~1984 at the Southold Town~ Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: I'd like to welcome everyone here, our limited audience. COUNCILMAN STOUTENBIJRGH: Sometimes it's nice to have that kind of audience. SUPERVISOR MURPHY: I'd like a resolution approving the minutes of the Regular Meeting of March 27th and the Special Meeting of April 4th. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the minutes of the Regular Town Board Meetin9 of March 27, 1984 and the minutes ~-f the Special Town Board Meeting of April 4, .1984 be and hereby are,approved. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. ~'his resolution was declared duly ADOPTED. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $35,357.92; General Fund Part Town bills in the amount of $18,095.03; Highway Department bills in the amount of $16,676.95; Fishers Island Ferry District bills in the amount of $20,382.30; Home Aide Program bills in the amount of $705.87; Capital Account - Landfill Building and Equipment bills in the amount of $2,204.28; Capital Account - Agricultural Land Rights bills in the amount of $26.20; Capital Account - Landfill Collection Center bills in the amount of $180.11. COUNCILMAN TOWNSEND: Did'you get your problems straightened out? We withdrew one bill, right? SUPERVISOR MURPHY: Some bills were pulled. They will be taken care of. 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'd like to have a resolution .appr(~ving the next meeting date, April 24th, at 3:00 P.M. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare,-it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, April 24, 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. APRIL 10, 1984 I. REPORTS. SUPERVISOR MURPHY: 1. 1. 2. 3. 4. 5. 6. 7. Moving on to the first item of the agenda, Reports. Supervisor's monthly budget report - March 1984. (a) Grants Programs report - March 1984. Highway monthly report - March 1984. Fishers Island Ferry Disl~rict monthly budget report - March 1984. Home Aide Program monthly report - March 1984. Nutrition Program monthly report - March 1984. Town Clerk's monthly report - March 1984. Police Department's monthly report - March 1984. COUNCILMAN SCHONDEBARE: Excuse me, Frank. On the Police Department monthly report, I know Paul and I were discussing this~ the sectors that they have indicated in their report, 802, 803, 804, they're meaningless, unless you know what part of Town they're referring to. TOWN CLERK TERRY: I'1~ find out for you. COUNCILMAN STOUTENBURGH: Have them put it right in on the thing, put it right at the top. COUNCILMAN SCHONDEBARE: Well, just give it to me once and i'11 write down on my folder. SUPERVISOR MURPHY: We'll gei you a map. COUNCILMAN SCHONDEBARE: Okay, thank you. COUNCILMAN STOUTENBURGH: They could put it right on their form. SUPERVISOR MURPHY: Be easier to get you a map, Paul. At any tinie if any of the Councilmen would like to question any of these, we could have the person in to discuss their report the next Work Session, if you would' like, if anyone does have a question. 8. Landmark Preservation Commission report - April 4, 1984. COUNCILMAN STOUTENBURGH: Could we send a copy of this down to our Historian, Judy. TOWN CLERK TERRY: Yes, we did. ---~ SUPERVISOR MURPHY: Number 9 - Long Island Cares, Inc. This is a new organization that's been out here and has been working very well with the various agencies in the Town. COUNCILMAN TOWNSEND: Is it a subsidiary of "Frank Murphy Cares?" SUPERVISOR MURPHY: Yes. The ~-iTlOSi¢ian .~ '~'-' ~" ,~e: '~,: ~'~ This is an off-shoot of Harry Chapin's organization. COUNCILMAN TOWNSEND: Right, I know his work well. SUPERVISOR MURPHY: -Number ,10 is the Town Trustees' monthly report - March 1984. 11. Justice Tedeschi's monthly report - March 1984. 12. Building Inspector's monthly report - March 1984. 13. Councilmen's reports. Jay, would you have anything to report? COUNCILMAN SCHONDEBARE: Yes, just~bri.efly..Two weeks ago I attended, along with Councilman Stoutenburgh, the TDR seminar which was produced by the Cooperative Extension in Riverhead, and I went there with the belief that I had some good understanding of what TDR's were all about and I wou!d probably gained a 'little information;' and I left there totally bewildered and confused,' and now I understand i know less about TDR's than I thought I did: Very informative. SUPERVISOR MURPHY: That's very understandable. I agree with you. Anything else, Jay? COUNCILMAN SCHONDEBARE: SUPERVISOR MURPHY: Joe? No. ,T'hank you. Joe went on a very haza'rdous trip. COUNCILMAN TOWNSEND: Shortly after--I left directly from the last Board meeting, as you may know, and went up to Wakefield, Massachusetts--- SUPERVISOR MURPHY: He deserves combat pay. I11 112 APRIL 10, 1984 COUNCILMAN TOWNSEND: --with Rpdney _Doug.las~, and. ~he. s~bj~ct, of this seminar, which was sponsored by BioC¥cle Magazine, was composting, and it ~U~iiy a- ~ativ6iy interes-ting-~emih~ar-a~-d-i ~e6i-'iike, for a iayman, I have a pretty good knowledge of the various methods of composting and what's successfull, an~l now I know what we're doing up there and both the positive aspects and negative. We're doing the cheapest thing we can do up there. It's not the best in terms of killing pathogens and things like that, but to make a long story short, I think it's going to be fine for what we want up there. We won't be able to sell it, like many communities are doing, even ,many farm communities are doing, but in the future, maybe we could get into something like that, because we're always going to be taking this sludge from the Township, from the Village. The most interesting thing I got from that seminar, though, was what's happening-in .Groton, Connecticut--not regarding composting, but regarding mandatory recycling, and there is a firm up there, and I was just looking at the name of it, it's a firm that a fellow by the name of John Hamilton heads, and they run a mandatory recycling center in the Groton Landfill. Groton put in the machinery, and they run the machinery, they man it, and what their operation consists of is separating from bags, all cans and bottles into different colors and putting them into the machines that destroys them, or reduces them to the lowest common denominator, and then they also have a process for handling paper, various grades of paper. It has worked very very profitably for both Groton--Groton probably will pay off the amount of money that it put into this equipment within five years, plus the fact that they're servicing all the neighboring towns, because the more stuff they get, the more profitable it is. Consequently I've asked Frank if he would ask the East End Supervisors Association to arrange a meeting with this fellow from Resource Technology, or whatever it is, and see if we could persuade Riverhead, perhaps, or some township, to set up a center where we might drop all this stuff. This recycling thing is very interesting because it's not a complex thing. You don't have to take the bottles and clean them off and wash them out and things, or you don't have to take paint cans and separate them from Coke cans. You can put everything in one bag, cans, bottles, everything goes into one bag, and paper is stored elsewhere, and they take care of all that. It's been very successful over there. It's interesting to-see the chart, the amount of participating they've had. The first month, when it wasn't mandatory, I think they had three Or four tons come in. Right after that it--the first month it was mandatory--there was three hundred tons, or something like that in a month, and then each month it's built even more and more as people realize that it's not that difficUlt to do. And it's saved--their main concern was to save space in the landfill, which is our main concern. So that's something I think we should explore. There are many other things that came out of that, but i won't bore you with any more. That's about it, Frank. SUPERVISOR MURPHY: You'll give all your information at our Landfill meeting? COUCNILMAN TOWNSEND: Yes. I'd like to make one. Starting next month now we're going to try to have them 4:30 in the afternoon. We'll alternate months. SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH: Besides the TDR meeting that Jay and I went to in Riverhead, I also attended a meeting--a SEQR meetin9 there sponsored by the same people, and it brought forth the problem that we had today at our Work Session, and I just want to'reiterate that. I hope that we can work towards eliminating some of the problems in our proposals that come before our various boards, whereby much of this material can be thrashed out ahead of time in what they call a SCOPING project, in which each area lays out on the table what they expect of the other one, and therefore, clear up much of the material, so that when they do come back, they come back with just the facts that we're concerned. And this was a most important meeting and I found it most enjoyable. I also attended, with Frank Murphy here, an aquaculture project concept that the State was trying to fly. It was attended by baymen mostly, and they were much against it. Most of the baymen did not like the idea of a handout from the State to start aquaculture projects in Peconic Bay. They were much against it. I don't think we'll see too much from that. I also did a preliminary report as far as being on the Transportation Committee, with Bob Brown. We had a few complaints about irregularities in the bus system and we tried to work that out and he assured me that he'd work towards that aim. Also, Joe Townsend who is on this Committee, and !, talked much about getting together with a phone-in kind of service, rather than a rural bus service. We find the bus service is becoming less and less used, and it really isn't working in this rural area, but a phone-in kind of thing might be appropriate. Bob said that he had suggested Al~RIL 10, 1984 113 this to the DOT in Patchogue I believe ~iP':~of~ice is, or Hauppauge rather, and didn't .get too far with it, because the taxi people were against it. But out here I think we have an entirely different concept here. We're not a big heavy populated area and therefore we think it might work, and he suggested we Write a letter, which I will work with Joe and we'll send this letter off and give some support to this idea of calling in. Almost something like this service, you know, when you go into the city to the airlines you're picked up here and you're transferred to another buggy, here and pretty soon you're in on your way. So I think this could 'be done. So basically those are the ones that I attended and .reported on. SUPERVISOR MURPHY: Thank you, Paul. Judge Edwards? JUSTICE EDWARDS: Thank you. I just have a letter here from Steve Malinowski on Fishers Island who's, chairman of the Fishers Island Mosquito Control and they sent out 440 ballots inquiring of the people on Fishers Island to see if they wanted to go into mosquito control~ and out of 440 ballots over half of them, 253 came back, and 196 are in favor and 51 opposed. So they're looking into the possibility of spending some of Fishers Island's designated moneys this year, into a BTI problem, not Malathine, but a BTI and Supervisor Murphy also questioned the fact as to whether or not money would be available from the County. So that's one of the programs that we've 9ot started on the Island for the spring. Thank you. SUPERVISOR MURPHY: Thank you, Ray. Since the last meeting we've been extremely busy. That storm that hit 'the East End so, badly caused a tremendous amount of damage in the Town and, unfortunately, it's damage done to structures and property that is not covered by insurance. We've had a tremendous amount of people out. Today there were four different groups on various aspects of inspection, to see the damage in the Town. We've had excellent cooperation with the Highway Department and the Police Department and the Bay Constable has done a fantastic job in helping my office, first of all identify all the damage done, correlate it. it was a very hectic week and it looks like a very conservative figure is five to six million dollars and you don't have all of the private sector in. Anyone who had damage, it was extremely expensive, and as of this morning the Governor of the State still has .not declared New York or Suffolk County a disaster area and it's most important that he does if we are going to get Federal assistance to--either in the form of Iow interest loans, or direct grants to municipalities to repair damage done to road ends, public beaches, that type of stuff, and hopefully he will'declare this. It looks good that there is so much activity around. I'd like to make one comment on Paul, where he and I went down on this aquaculture program. The money, unfortunately,--unfortunately or fortunately, is still in the budget this year. It's taken out of UDC; but it's still in, so I don't know if we're still going to see this. That's about the end of mine. We'll move on to the second item, Public Notices. I'd just like to remind everybody, all these reports are on file in the Town Clerk's Office for anyone to inspect at any time, and if you have any questions on it, contact my office, or the Town Clerk, and hopefully we'll be able to answer any questions. il. PUBLIC NOTICES. SUPERVISOR MURPHY; Number I is the application of Cross Sound Ferry Services, Inc. for docking facilities at Orient. Comments by April 30th, 1984. This is Corps of Engineers. 2. This is the most important one, the second one is the most important one for the residents in Southold Town. It's the Highway Department's notice of Clean-Up Week. The week of April 23rd. After this storm we are going to get a tremendous amount. If anyone wants to see how the Landfill is operating, take a ride down there now and just look at the tremendous little mountain of wood chips we're making of all the brush that's been'taken in. This was a piece of machinery that we bought last year to help reducer as Joe was talking about¥~laelp reduce, the.volume.lthat,you,have, to bury.~ This~has~ gone a long- way towards saving a tremendous amount of area in the Landfill: 3. DEC Notice of Complete Application by Cross Sound Ferry to pave a staging area. Written comments to DEC by April 20th, 1984. 4. DEC Notice of Complete Application by Frank 'and Abe Rosenberg to construct' 110 ft. of timber bulkhead, dredge and backfill, in Sterling Creek, Greenport. Written comments again by April 20th, 1984. 5. New York State DEC Notice of Complete Application, Town of Southold, to renew permit for an existing discharge of varying amounts of scavenger waste into the Cutchogue Landfill': Written comments by May 11th, 1984. This is one we hope to clear up in the near future and hope to stop this practice, but we do have to have a permit to do it. It's the dumping of the septic waste into the lagoon, which is really most horrible. 6. New York State DEC Notice of Complete Application of George Toumanoff to create a seven lot subdivision by dividing 10.644 acres, Sebastians Cove, Mattituck. Written comments by April 27th, 1984. All of these public r~otices,ha~,e been posted on the Town Clerk's Bulletin Board here in Town Hall. 7. Department of the Army, Corps of Engineers notice of application of Christine & Edward Viola for permission to construct a walkway over the grade of the marsh with a pier forming a "T" at the outer end, at Deep Hole Drive, on Deep Hole Creek, Mattituck. III. COMMUNICATIONS. SUPERVISOR MURPHY: Number I is a news release from the Town of Islip where all the Supervisors from Suffolk County went up to Albany lobbying for additional funds (revenue sharing). We did get additional funds. No where near what we thought we would and what we think we should get. It was something like $3,000.00, I Understand, we're going to get. At least it paid for the plane fare up. 2. From John Behan. The request to be included in the land bank. Ther_e will be additional information further on. 3. New York Power Authority press release for the research and development'projects undertaken by the Power Authority. 4.(a) We submitted, and I'm very proud, and we still'are collectin~ more signatures. We submitted over 701 signatures to George(Assemblyman George J. Hochbrueckner) to present to the Public Service Commission on behalf of the New York Power Authority, and I can't stress the need for people to sign these and to get them up so that our feelings are known. This is one of the best ways that we are going to help stop the tremendous increase in the cost of electricity (Marcy-South Transmission Line). 4.(b) Appeal of Public Service Commission for the approval of the Marcy- South Transmission Line Project from Assemblyman George Hochbrueckner. 5. Thank you from Dave Mudd to the Police Chief and his officers for their assistance when they had a helicopter 'landing on their property. 6. From Ellen Williams, 'Southold PTA to thank the Southold Town Board for participating in Southold Schools fund raiser, the "Friendly Feud." We were the champs last year and this year we were beaten by the Seventh Grades. we didn't do too well, but at least the Seventh Graders went on to win the-- they are the champs this year. So they were a pretty good team. So COUNCILMAN SCHONDEBARE: What do you mean, "We didn't do too well."? Not all of us were up there, Frank. SUPERVISOR MURPHY: It was ~::~'e-~y-good night and a great time really was had by all. ...... Number.7 is from BilI,Car-ne¥~Congressman) thanking us for the Tax Reform on the Industrial Development Bond. Just a sidelight on that, i met with a representative from Suffolk County's Industrial Development Corporation and they have quite a bit of literature in this office, and if the papers would give a little publicity to it. Any business that would like to expand, or this is a very good way of getting Iow interest loans to help in the expansion or the creation of a new business in Southold Town. They do go into vineyards. They don't loan money on the land, but on the equipment. Various sod farms, can qualify, fishing industry, boats. Quite a bit. And if anyone's really interested in thinking about ' investing in a 'busines§ in Southold Town, contact my office. There is money available at a very reasonable rate. 8. Again from George Hochbrueckner thanking us for the petition drive. 9. A notice from the East End Arts & Humanities Council for a program they're having on Sunday, April 29th - Sculpture by Renowned East End Artist Peter Marbury 10. From Marilyn Corwin, President, Greenport Softball League requesting funds. This will'be on the distribution of these recreation funds. We have one resolution on tonight, but'others will be co....ming for the spring and summer activities. 11. From DEC, David Raymond, concerning the Coastal Erosion Hazard Areas Law. 12. From Barbara Mathews requesting funds for the Mattituck Women's Softball League. 13. From Chris Finnican, President, Mattituck High School Student Council. I'd like to give this a little publicity. They have a fund raiser to raise funds for the Rodney Bates Fund. They've had a tremendous amount of work go into this all through the year. The Student Council is very active in it. They've raised a tremendous amount .of money and this' is concerning their Run for Rodney Bates, to help pay his expenses. He has, cancer, which he seems to be, hopefully, winning the battle' for, and Rodney deserves our thanks and prayers and these kids in the high school deserve our thanks, really, for a tremendous job that they've been doing. SUPERVISOR MURPHY: We have a public hearing, but it is not time. We had a couple of minutes and we'll start on resolutions. APRIL 10, 1984 V. RESOLUTIONS. e SUPERVISOR MURPHY~ The first one is an environmental assessment for Paul Kelly. We've got a tremendous amount of them tonight. I'd like it as short as possible. TOWN CLERK' TERRY: I don~t know whether you want to act on this one or not. COUNCILMAN TOWNSEND: We have a letter from the Trustees. The Town Clerk asked the Trustees to review, correspondence concerning the Kelly application, and it the Trustees' opinion the bulkhead should be replaced in place. "If it was replaced 18 inches in front of the existing bulkhead, on the bay side, it would set a precedent." So let's hold this one. SUPERVISOR MURPHY: Okay, we'll hold Number 1. (Application for a Wetland Permit by Enconsultants, inc., on behalf of Paul Kelly.) TOWN CLERK TERRY: Number 1 and Number 2. SUPERVISOR MURPHY: Hold Number 2 also? TOWN CLERK TERRY: Yes, because that's the decision on the application. SUPERVISOR MURPHY: Number 3, environmental assessm.ent on the Silverman Wetland Application. Moved by Councilman Townsend, ~econded'by Councilman Stoutenburgh, WHEREAS, Enconsultants, Inc., on behalf of Daniel Silverman and E. Carnick, has heretofore applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, for permission to construct dock, catwalk, ramp, and two floats and dredge in'Wunneweta Pond, on Wunneweta Road, Nassau Point, Cutchogue, New York, NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Code, the Southold Town Board, as lead agency, does hereby determine that the ,action proposed is a Type I action and is likely to have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and, code. 3. That the Town Clerk immedia[ely notify the applicant, Enconsultants, Inc., on behalf of Daniel Silverman and E. Cartnick, of this determination, and, further request said applicant to prepare a draft environmental impact statement, all in -accordance with said law, rules and cocte. 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 4. Moved by Supervisor Murphy, seconded by Councilman. Schondebare, WHEREAS, Enconsultants, inc., on behalf of Daniel' Silverman and E. Carnick applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 28, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold'Town Conservation Advisory Council for their findings and recommenda- tions, and WHEREAS, a public'hearing was held by the Town Board with respect to said application on the 27th day of March, 1984, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Enconsultants, Inc., on behalf of Daniel Silverman and E. Carnick be denied permission under the provisions of the Wetland Ordinance of the Town of Southoid to construct a catwalk, ramp and floats, and to dredge in Wunneweta Pond, at Wunneweta Road, Nassau Point, Cutchogue, New York. This denial is without prejudice to any future application. SUPERVISOR~ MURPHY:. ~--. A~ny 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: I suggest on NUmber 5 (decision on Arthur P. Simon relief petition) we hold on that one also. 115 APRIL 10, 1984 SUPERVISOR MURPHY: Number 5 we're holding and Number 6 (decision on Louis Hodor and Max Staller relief petition) we're holdin9. And at this time I'd like to recess the regular Town Board meeting to have a public hearing. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be recessed at this time, 8:00 P.M., for the purpose of holding a public hearing on the Draft Environmental Impact Statement of Dalchet Corporation, et. al. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 8:54 P.M. SUPERVISOR MURPHY: I'd like to move on to Resolution No. 7.. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby, creates the position of Ordinance Inspector for the Town of Southold, and sets a salary of $20,000.00 per annum for said position. 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, Fishers Island Ferry District~ to authorize approval of the contract. Moved by Councilman Townsend, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to enter into an agreement with A. Richard Grebe, Jr. for the operation of Elizabeth Airport, Fishers Island, at a first year rent of $4,900.00, for a three (3) year period, with the option to renegotiate subsequent.year rents, all in accordance with the form of contract and subject to the approval of the Town Attorney. COUNCILMAN SCHONDEBARE: Discussion. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: Page 3 of the contract. Paragraph (f). It's the same question I had in regards to Mr. Emilit~'s contract. "The Operator shall obtain and maintain during the term of this agreement policies of insurance providing public liability insurance, covering the Operator's operations,.." the Town, the District, etcetera, and my question is, how much? TOWN CLERK TERRY: I imagine the Town Attorney drew this contract'. SUPERVISOR MURPHY: Bob, on the Fishers Island/Grebe's contract. The insurance, the amount of the insurance. It's not-- TOWN ATTORNEY TASKER: Yes. Do you want to insert if :the amount is not in there? SUPERVISOR MURPHY: Yes. TOWN ATTORNEY TASKER: It hasn't been in. If you want to insert some- thing that's your prerogative. COUNCILMAN TOWNSEND: Generally the municipality requires one million. Why don't we use that? COUNCILMAN SCHONDEBARE: One million? TOWN ATTORNEY TASKER: It's up to you. COUNCILMAN SCHONDEBARE: Per occurance, per--you know, the whole bit. COUNCILMAN STOUTENBURGH: With that change then, right? SUPERVISOR MURPHY: Is that all right, Bob, with him'? TOWN ATTORNEY TASKER: I don't know. it's the first time it came up. How would I know. COUNCILMAN STOUTENBURGH: We can still approve this contract and if they don't like it then they can act upon it. COUNCILMAN SCHONDEBARE: I'll vote as amended. COUNCILMAN STOUTENBL1RGH: That's the way to go about it. COUNCILMAN SCHONDEBARE: Bob, what had they been carrying on us in the past? TOWN ATTORNEY TASKER: I have no knowledge. All i know is is that the Town insures the airport generally. This insurance is basically for the garage operation that Grebe's concerned with. COUNCILMAN TOWNSEND: Really, the limit should be the same as the Town's. TOWN ATTORNEY TASKER: They have labored over these various provisions over many years, and they have whittled them down to what they have in there now. And that's all I can tell you. There probably was--I know of my own knowledge in the beginning the operator carried the airport coverage, which was a very expensive premium, and the operator wasn't makin§ any money and was losing and they kept adjusting these contracts to fit the situation whereby they could get somebody to operate it. COUNCILMAN SCHONDEBARE: Considering how much he gets for landing fees, etcetera, Joe, you're in business, what would a one million dollar policy cost this fellow for this type of operation? Is that too much? COUNCILMAN TOWNSEND: Well, the difference between s~y a three hundred thousand dollar limit and a one million dollar limit is probably about fifteen percent of the policy. The policy for something like that--I really don't know what this would run, but assuming it ran a thousand dollars, it would be another hundred and fifty dollars, or assuming it was eight hundred, it--it would run anywhere from fifteen to twenty percent'more for those higher limits. Once you get above the three hundred thousand-- SUPERVISOR MURPHY: I don't know if it's in our prerogative to change the Fishers Island Ferry District contract with an operator. TOWN ATTORNEY TASKER: Well, you have to approve and given the fact that you have to approve would assume that if you're not going to approve in its present condition that it has to be changed to fit your approval. So, to that extent you do have a little bit of--- SUPERVISOR MURPHY: Let's pass it this way with the amendment. COUNCILMAN SCHONDEBARE: Yest it just says, "you will maintain a policy of insurance-- SUPERVISOR MURPHY: And I'll check with the Fishers Island Ferry District and if there's a problem it'll be on the next agenda. COUNCILMAN STOUTENBIJRGH: 'W~'II just do another one, I'm sure. SUPERVISOR MURPHY: If there's going to be a problem with the operator. Because money is .very tight with the operator. COUNCILMAN SCHONDEBARE: That's why I asked how much it would cost. JUSTICE EDWARDS: They're going to love this. They've been wanting to close this for a month. SUPERVISOR MURPHY: Okay, any other q~estions on it? COUNCILMAN STOUTENBURGH: No questions. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: All I can say is of upset in this, because they've been COUNCILMAN STOUTENBURGH: Well, COUNCILMAN SCHONDEBARE: They're JUSTICE EDWARDS: Oh, they'll get it. SUPERVISOR MURPHY: Any questions? happy to vote the way we just amended COUNCILMAN TOWNSEND: The only re~ reason I mentioned that, Ray, is that it Paul the Ferry District is going to be kind ~anting this contract for a while. hey got it. going to get it. Any other comments? Are you it? Ison--not to prolong this--but the only may well be a requirement of our t18 (a) 10. APRIL 10, 1984 carrier that any contractor or any contracts that we're a party to provide us with a certificate in the amount of a million dollars. I'm not sure that exists, but I know in many municipalities that's the case. JUSTICE EDWARDS: I'm just wondering what that underwriter's bill was that we approved to day of the Fishers Island Ferry District for the airport. COUNCILMAN TOWNSEND: Was it for the airport? JUSTICE EDWARDS: Sure. COUNCILMAN STOUTENBURGH: Maybe they have it already. COUNCILMAN TOWNSEND: But that's the airport. JUSTICE EDWARDS: That's the Ferry District that's doing that bill. the operator. COUNCILMAN TOWNSEND: Right. Well, if there's a problem we can-- SUPERVISOR MURPHY: We'll have it back on the agenda. It's not COUNCILMAN SCHONDEBARE: They'll tell us. SUPERVISOR MURPHY: Any other questions? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Stoutenburgh, Councilman Townsend, Supervisor Murphy. Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is a transfer of funds. Councilman Abstain: Justice Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of the followin9 funds within the 1984 General Fund Part Town Revenues Budget: From: B2110 Zoning Fees ..................... $45,000.00 Into: B1560 Safety Inspection Fees--;- ....... -$40,000.00 B2110 Zoning Fees ..................... ~ 5.000.00 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. SUPERVISOR MURPHY: Number 9(a) is another transfer of funds. Moved by Supervisor Murphy, seconded by Council'man Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes 'the following transfer within the General Fund Whole Town 1984 Budget: ~'.~' --- From: A1355;4 Assessors:,.'_ Contractual $110.00 Into: A1355.2 Assessors, Equipment $!10.'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. SUPERVISOR MURPHY: Number 10, regret the resignation of Mary Talbot who is going to leave us for the State of Texas. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation fo Mary K. Talbot, Clerk-Typist in t~-~-Accounting Department, effective April' 13, 1984.. 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, trailer permit renewal. 11. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the application of Sophie T. Saunders for renewal of her single family house trailer permit,' which expires on April 7, 1984, for trailer located on the north side of Main Road, Laurel, New York, be and hereby is granted for a six (6) month period. 12. 13. SUPERVISOR MURPHY: Any questions? (No response.) This one's been there a long time. 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. Moved by Supervisor Murphy, seconded by Councilman Townsend, WHEREAS, this Board has learned with deep sorrow of the death of former Southold Town Police Officer HARRY W. SMITH, and WHEREAS, in his service to the people of the Town of Southold as a Southold Town Police Officer for over twenty-two years, retiring on January 9, 1977, ~"~¥~ior~t0~t'hat ~ti~'e a' Poli~Offi~er for the Village of Greenport, beginning on August 1, 1947, Mr. Smitl~ distinguished himself as a dedicated and con- scientious public servant, and WHEREAS, the Town Board of the Town of Southbld wishes to 9ive formal expression of its loss in the death of Harry W. Smith, a man esteemed by his associates and respected by all, now, therefore, be it RESOLVED that when the Town Board adjourns this 'day, it does so out of respect to the memory of Harry W. Smith, and be it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting and a copy be transmitted to the family of Harry W. Smith r that we may extend to them our sincere sympathy. 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 13 is to set the following public hearings. Moved by Councilman ~Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, April 24, 1984r Southold Town Hall, Main Road, Southold, New York, as date and place for public hearings on the followin~ applications for permits under ~he provisions of ~he Wetland Ordinance of the Town of Southo.ld: 3:30 P.M. - In the matter of ~he application of The Land Use Company, on behalf of North Fork Property Development~ for permission to install timber bulk- head, two~ returns, float dock, and dredge at a dredged, canal leading from Deep Hole Creek, Lot No. 21, on the south side of Lupton Point Road, Mattituck, New York. 3:32 P.M. - In the matter of the application of The Land Use Company, on behalf of North Fork Property Development, for permission to install timber bulkhead, two returns, ramp, float dock, and dredge at a dredged canal leading from Deep Hol.e Creek, Lot No. 22 on the south side of Lupton Point Road, Mattituck~ New York. 3:35 P.M. - In the matter of the application of Donald Weber, on I~ehalf of K. W. Akeson, Vice-President of Kim0~enor Point Association,~ for permission to install floating dock at West Creek~ Kimogenor Point, New Suffolkr New York. 3:37 P.M. in the matter of the application of Ferucio Frankola for permi'ssion to dredge an exsiting dredged boat basin at the south side of Glenn Road, off Goose Creek, Southold, New York. 3:40 P.M. - In the matter of the application of Enconsultants, Inc., on I~ehalf of Mattituck Inlet Marina, for permission to replace 90 linear feet of existing steel bulkhead and backfill, on property located at Mattituck Creek, off Mill 'Road, Mattituck, New York. 3:42 P.M. - In the matter of ~he application of Enconsultants, Inc., on behalf of Robert Wilson, for permission to construct dock, ramp, catwalks and floats at West Creek, off Glenn Road, Southold, New York. 3:45 P.M. - In the matter of the application of William Knoeller for permission to construct catwalk, ramp, and float at Jockey Creek, at 450 Jockey Creek Drive, Southold, New York. 3:47 P.M. - In the matter of the application of John G. Scott~ Ill for permission to construct walkway floats and floating docks at property located south of ~he Main Road (Route 25), and east of Wells Road, on Richmond Creek, Peconic, New York. 3:50 P.M. - In the matter of the application of Latham Sand & Gravel, Inc., on behalf of John L. Braider, for permission to install dock and floating dock on property located at Gull Pond Lane, Gull Pond, Greenport, New York. 3:52 P.M. - In the matter of the application of James Kreh & Peter Kreh for permission to construct timber bulkhead on property located on James Creek Camp Mineola Road, Mattituck, New York. ' Vote of the Town Board: Ayes: Councilman Schond~bare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. APRIL 10, 1984 14. 16. 17. SUPERVISOR MURPHY: Number 14 is lead agency. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Southold Town Board declares itself lead agency in regard to the State Environmental Quality Review Act, in the matter of the application of Costello Marine Contractin9 Corp. on behalf of Alvah, Jr., Bruce, and Allen Goldsmith for a Wetland Permit on certain property located on the west side of Hobart Road, at Town Creek, Southold, New York. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 we're goin9 to hold. (Authorize' the Town Clerk to submit a letter to the Suffolk County Department of Health 'services requesting the Town of Southold be granted ownership of the Water Vending Machine, located at the Senior/Youth Recreation Center, Peconic.) Number 16, to go on record-opposing Senate bill No. S146. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record opposing Senate bill No. S146 entitled, "AN ACT to amend the Public Health Law, in relation to fees for birth and death certificates," whereby the fee for the first copy of a birth or death record would remain at $5.00: but reduce the fee for additional copies from $5.00 to $1.00, and be it further RESOLVED that a copy of this resolution be transmitted to Senator Kenneth P. LaValle, and Assemblyman Joseph Sawicki, Jr. requesting their opposition to the aforesaid bill, as well as Senator L. Paul Kehoe, who introduced the bill, making him aware of the Southold Town Board's position on this matter. SUPERVISOR MURPHY: On the question. Any comments? COUNCILMAN SCHONDEBARE: No, the note said it all. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is lead agency. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was RESOLVED that the Southold Town Board declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application application of The Land Use Company, on behalf of Edward Quintieri and Richard 18. Pulcini, for a Wetland Permit on. certain property located at the northeasterly end of. North Riley Avenue, on-James Creek, Mattituck, New York. 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 18 is to attend a conference. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes one Town Official' or employee to attend Supervisor's and County Legislators' Association Cornell University Local Government Program on Micro-Computers and Local Government, to be held on May 9., ;1984 at the Marriott Hotel, Tarrytown, New York, and be it further RESOLVED that the actual cost for travel, meals, Iodging,~ and registration shall be a legal charge against the Town of Southold. SUPERVISOR MURPHY: Any questions? COUNCILMAN STOUTENBURGH: i would just like to make sure that a note goes to Mr. Winters to get in touch with the person who goes up there, to discuss these two things. Together, not by letter, but by visually going down and talking with him to see what they have and what their needs are. TOWN CLERK TERRY: Mary Bourcet will be attending this program. COUNCILMAN TOWNSEND: The Highway Department should also be considered. SUPERVISOR MURPHY: Yes. COUNCILMAN STOUTENBURGH: She's going to go to Tarrytown and be there by 8:30 in'the morning for registration? Why don't we send her up there the night before and let her spend the night so they can wake up the next. morning. APRIL 10, 1D8~ 12 ~ 19. 20. 21. SUPERVISOR MURPHY: TOWN CLERK TERRY: COUNCILMAN SCHONDEBARE: We'll amend ii to one night lodging. JUSTICE EDWARDS: Meats and registration. COUNCILMAN SCHONDEBARE: MacDonalds. Burger King. SUPERVISOR MURPHY: You look at Mary Bourcet, she doesn't eat much. don't have to worry about her. COUNCILMAN SCNONDEBARE: Executive Session here. if she wants to, sure. So the resolution should include meals and lodging. You Let's not get personal or we'll have to go into 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 19 is to accept a bid. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of R. O. Welch Asphalt Co., Riverhead, New York, in the amount of $1.27 per gallon, delivered to the Town of Southold, for furnishin9 and applying 150,000 9allons, more or less as may be needed, Of Graces RC-2 and MC-2 Asphalt Road Materials, as per the Notice to Bidders, Specifications, and Bid Form for same. 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 20 is transfer of funds for the Community Development Fund. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to publish a public notice in The Suffolk Times and The Long Island Traveler-Watchman notifyin9 the public that the Town Board will consider a resolution at their April 24, 1984 meeting to authorize' proposed amendments to the Community Development Year. VII, VIII, and IX Programs, as follows, to wit: Current Project Budget Mattituck Inlet Acquisition FY 9 Mattituck Parking Lot FY 8 Peconic Lane Neighborhood Center FY 7 New Increase Decrease Budget $30,000.00 -0- $30,000.00 -0- $50,000. O0 -$20,000. O0 -0- $70,000'.00 $50,000.00 $10,000.00 -0- $60,000.00 Net Change -0- SUPERVISOR MURPHY: Any questions? This is the Mattituck Inlet Ac~luisition is definitely dead and it's just a transfer of funds where we probably will use them. TOWN CLERK TERRY: You should know that this not the resolution to transfer the funds. This is just to notify the public; in the newspapers, that you will consider this resolution at the next meeting on April 24th. SUPERVISOR MURPHY: I'm sorry. To notify the public. 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 another public hearing. Moved by Councilman Townsend, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, Southold, New York on th~ 24th day of April, 1984, at 3:55 P.M., at which time and place all interested persons will be given an opportunity to be heard upon the following matter: A Local Law to Amend the Zonin9 Code in relation to the computation of the number of lots in a Cluster Development," which reads as follows: 122 APRIL 10, 1984 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Subdivision A, of 'Section 100-136, of Chapter 100 (zoning) of the - Code of the Town of Southold, is her~eby amended to read as. follows: A. The maximum number of single-family lots that may be approved in a cluster development shall be computed by subtracting from the total gross area a fixed percentage of twenty percent (20%) of said area and dividing the remaining eighty percent (80%) of the area by [forty thousand (40,000) square feet.] the' minimum required lot area set forth in the Bulk and Parking Schedule. I1. This Local Law shall take effect upon its filing with the Secretary of State. COU'NClLMAN TOWNSEND: Basically what it is. is increasing the amount of square footage from 40,000 to 80,'000, or whatever may happen in the future in terms of our zoning, for cluster developments. 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 20 is to set a public hearing on a Local Law. 22. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold will hold a pul~lic hearin9 at the Southold Town Hall, Main Road, Southold, New York, on the 24th day of April, 1984, at 4:00 P.M., at which time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law in relation to penalties for violations of the Southold Town Zonin9 Code," Which reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: (Additions indicated by underlins; deletions by [brackets]). I. §101-145 of Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended to read as follows: S100-145 - Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to com~ly with a written notice or order of [the] any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of [the] any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine of not exceeding [fifty] five hundred dollar's [($50.)] or imprisonment for a period not to exceed [six (6) months] fifteen (15) days, or both. Each [week's continued offense] day on which such violation shall occur APRIL 10, 1984 shall constitute a separate, additional [violation.] offense. For a second and subsequent conviction within 123 23. 24. eighteen months thereafter, such person shall be ~ui!%y of a violation punishable bY a fine not exceeding one thousand five hundred dollars, or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. II. This Local Law shall supersede, in its application to the Town of Southold, Subdivision 1 of ~268 of the Town Law. III. This Local Law shall take effec~ upon its filing with the -Secretary of State. SUPERVISOR MURPHY: Any q~estions? (No response.) Vot~ of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is to hire a Planning Consultant. COUNCILMAN SCHONDEBARE: Wait a minute, hire? SUPERVISOR MURPHY: Authorize me to sign a contract. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to exeucte agreement between the Town of Southold and Szepatowski Associates, Inc., at a cost not to exceed $30, 000.00, terms of the agreement not to extend beyond December 31, 1984, for the services of one Senior Planner, at a cost of.$40.00 per hour, and one Environmental Planner/Designer, at a cost of $32.00 per hour, all in accordance with the terms and conditions of the agreement which is to be approved as to form and content by the Town Attorney and members of the Southold Town Board. COUNCILMAN SCHONDEBARE: Thir[y thousand dollars? COUNCILMAN STOUTENBURGH: You might explain again that $30,000.00, so people in the audience might understand what it is, Frank. COUNCILMAN SCHONDEBARE: Yes, why don't you, Frank. SUPERVISOR MURPHY: Thirty thousand dollars is the maximum amount they're being charged on a daily basis, I believe 113 days of service, on a daily basis, at an hourly rate. The money is in the budget. There's $10,'000.00 in Contractual in the Planning Department, that was set aside in this year's budget. There's $10,000.00 in Contingency that I would take to pay if and when it's needed, and at the time the $20,000.00 is spent, we hope to be in Surplus and we w~)uld have additional funds to make up whatever shortage there is in that account, or we could transfer from Federal Revenue Sharing Surplus for 1983. Jay, would you like to vote? Vote of the Town Board: Councilman Schondebare: Yes, with reservations. Councilman Stoutenburgh: Yes. Justice Edwards: Yes, with reservations. Councilman Townsend: Yes, only with the comment that it is my hope, and 1 believe that's what the reservation is, that we will try to contain spending to less than $30,000.00, and we will look for ways to do it. With that little editorial I will vote yes. Supervisor Murphy: Yes. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I think it's a big milestone for the Town arid one I'm very I~roud that the Board voted this way. Number 25 is to hold a public informational meeting. Moved by Councilman Schondebare, seconded by Supervisor Murphy, it was RSOLVED that the Town Board of the Town of Southold, in conjunction with Assemblyman Joseph Sawicki, Jr., will hold a public informational meeting at the Southold Town Hall, Main Road, Southold, New York, at 7:30 P.M., Thursday, May 10, 1984, to provide information and hear public opinion on proposed New York State Legislation to establish a Southold Town land preservation bank to preserve, acquire, hold and manage certain real property in the Town of Southold, 25. 26. 27. 28. County of Suffolk. land preservation bank funded by a 2% levy on transfers of real property within the Town to enable the Town to preserve open spaces, recre~ational areas and environmentally sensitve lands. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. The purpose of said proposed legislation is to establish a Town SUPERVISOR MURPHY: Number 25 is to amend a Wetland Permit. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby amends Wetland Permit No. 132, issued to The Land Use Company, on behalf of Robert Stewart, on October 4, 1983, to permit Mr. Stewart to construct his fixed dock at a width of 4 feet w all in accordance with the recommendation of the Board of Southold Town Trustees by resolution dated March 29, 1984. SUPERVISOR MURPHY: Any questions on this? Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to hire a Public Safety Dispatcher. Moved by Councilman Stoutenburgh; seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Andrew J. Ficurilli to the position of Public Safety DisPatcher I, from the Suffolk County Department of Civil Service List, at a salary of $10,000.00 per annum, effective April 15, 1984. SUPERVISOR MURPHY: Any questions on this? This man has been working as a provision presently as a Radio Operator. COUNCILMAN TOWNSEND: As a Radio Operator. SUPERVISOR MURPHY: You don't know the Civil Service jargon. COUNCILMAN TOWNSEND: When I was talking to you today ! thought it was something to do with emergencies. I guess it does have something to do with that. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is a transfer of funds. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of SOuthold hereby authorizes the following transfers within the Fishers Island Ferry District 1983 Budget: From: Operation Ferry ....................... $175,700.00 Into: Payrol Is ............................... $160,000.00 ..... ~ ...... Social '.Security ........................ $ 11,200.00 Hospitalization (Agency & Trust) ...... $ 4,500.00 Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwardsr Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is to. ad.~e~tise for bids for the new ferry boat. Moved by Supervisor Murphy, secOnded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to advertise for bids for the construction of a new ferry vessel, all in accordance-with 29. the bid documents as approved by Town Attorney Tasker. 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 29 is lead agency. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the mater of the petition of Victorial Helen Moiler, as Executor of the Estate of John W. Moiler, for relief from the Bulk requirements of the Zoning Code with reference to a proposed minor subdivision to be known as "Minor Subdivision for John W. Moiler and Dorothy Moiler," and shown 30. 31. as Plots 4, 5, 6, and 7 on Map of Point Pleasant, Ma~tituck, New York. COUNCILMAN TOWNSEND: Bob, '1 have a question on this. We definitely - have to go through the SEQR process on this review--on these appeals procedures under the Bulk and Parking requirements? TOWN ATTORNEY TASKER: I suppose it would be the safest thing to do. It's an action. COUNCILMAN TOWNSEND: Yes. TOWN ATTORNEY TASKER: SEQR's involved in every action. TOWN CLERK TERRY: It's a petition affecting the land. TOWN ATTORNEY TASKER: Granting the permit is an action. is an action. Granting relief COUNCILMAN TOWNSEND:. Yes. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is to transmit this petition. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, WHEREAS, a petition was received from Virginia'Helen Moiler, as ExecUtor for the Estate of John W. M)~ller, requesting relief from the Bulk requirements of the Zonin9 Code with reference to a proposed minor subdivision to be known as "Minor Subdivision for John W.-Mo~ler and Dorothy Moller," and shown as Plots 4, 5, 6, and 7 on- Map of Point Pleasant, Mattituck, New .York, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this petition to the Southold Town Planning Board and Suffolk County Department of Plannin9 in accordance with Section 100-31A (5) of the Code of the Town of Southold. 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 31 is lead agency. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Theodore H. Smith Ill and Briscoe R. Smith for relief from the Bulk requirements of the Zonin9 Code with reference to a proposed minor sub- division located on the west side of Equestrian Avenue, Fishers Island, New York. COUNCILMAN TOWNSEND: For those people, let me--there's two people here that don't know, i think. When we upzoned from one acre to two acre, certain - conditions existed which allowed somebody to appeal that particular--to seek relief from that zoning condition. That's what we're doing. 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 32 is to transmit that to the Southold Town Planning Board and Suffolk County Planning Board. 32. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, a petition was received from Theodore H. Smith, III and Briscoe R. Smith requestin9 relief from the Bulk requirements of the Zoniri.9 Code with reference to a proposed minor subdivision located on the west side of Equestrial Avenue, Fishers Island, New York, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this petition-to the Southold Town Plannin9 Board and Suffolk County Department of Planning_ in accordance with Section 100-31A (5) of the Code of the Town of Southold. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 126 APRIL 10, 1984 SUPERVISOR MURPHY: Number 33 is lead agency again. 33. Moved by Councilman $chondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of SOuthold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Theodore Laoudis for relief from the Bulk requirements of the Zonin9 Code with reference to a proposed major sub- division to be known as '~Angel Shore Estates," situate at Bayview, Southold, New York. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 34 is to transmit their petition to the Soul, hold Town Planning Board and Suffolk County Planning Board. 34. 'Moved by Supervisor MurI~I~y-; '-~ecdnded by~-Councilrhar~-Townsend, WHEREAS, a petition was received from Theodore Laoudis requestin9 relief from the Bulk requirements of the Zonin9 Code with reference to a proposed major subdivision to be known as "Angel Shore Estates," situate at Bayview, Southold, New York, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit 'this petition to the Southold Town Plannin9 Board and Suffolk County Department of Plannin9 in .accordance with Section 100-31A (5) of the Code of the Town of Southold. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN STOUTENBURGH: When will these come up, Judy? TOWN CLERK TERRY: Oh, probably be May by the time I receive the responses from the Planning Boards, Town and County. Maybe longer. Maybe JUne. SUPERVISOR MURPHY: Number 35 is to advertise for Gate Attendants. 35. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for twenty (20) to twenty-five (25) applicants for the position of Gate Attendant at the Southold Town Landfill Site. Five (5) hour shifts, seven (7) days per week, shifts and days will vary, $5.00-per h0u'r'.'' ~pplica~ts' t~ ' ~all the Offic6'0f the Supervisor, 'no' ial~e~ thar~ 'Fri'day,'Ap'ril '20~ '~984:~ 'to discuss the duties. 36. COUNCILMAN TOWNSEND: I'd like to make one small amendment to this~ Just in terms of wording. I think we should advertise for as many as 25. TOWN CLERK TERRY: It went to the paper already, Joe. SUPERVISOR MURPHY: To advertise for 20 to 25 applications. COUNCILMAN TOWNSEND: Does that mean if we don't get 20 we can't do anything? Or does that mean--- TOWN CLERK TERRY: Oh, no, no. For 20 'to 25. We want the people to know that's how many positions. SUPERVISOR MURPHY: That there are many positions. 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 36 is an appointment to the CAST Board. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Reverend Jim Miller, Sacred Heart Church, Cutchogue, as Southold Town's representative on the C.A.S.T. (Community Action of Southold Town) Board of Directors, effective immediately. SUPERVISOR MURPHY: On the question? COUNCILMAN SCHONDEBARE: How many directors did they ask for? SUPERVISOR MURPHY: Two. COUNCILMAN SCHONDEBARE: And we did one already. APRIL 10~ 1984 ~ 127. 38. TOWN CLERK TERRY: Roger Bancroft. SUPERVISOR MURPHY: We have one member of the Town Board. If we couldn't get another member of the Town Board--Joe had said that he would like to serve. I +~hoUght it would be better if we got someone from the community. Father Miller is a new priest, very active in youth, and extremely active in the pa.rish, a.n.~ s.eems like an exceptional man. Really a fantastic guy. He will add a Httle Ji~e aown there. COUNCILMAN STOUTENBURGH: JUdy, could we send a letter of congratulations to him. TOWN CLERK TERRY: I always do, and tell him when the next C.A.S.T. meeting is and I notify Bessie Swann. SUPERVISOR MURPHY: Any other questions? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 37 we're going to hold for two weeks. (Accept proposal of Paul J. Flag9 for the 1984 Seed Clam Program.) Number 38 is to authorize the Supervisor to execute a verified application with the Comptroller requesting an increase in the funding for our Wastewater District. Moved by Supervisor Murphy, seconded by Councilman Schondebare, WHEREAS, the town board, on behalf of the Southold Wastewater Districtf on February 21, 1984 received bids, after public advertisement therefor, for the construction of a scavenger waste pretreatment facility to be constructed in said district, and WHEREQS, the total amount of said bids amounted to the sum of $2,103,753.00, which when added to the costs of engineering, contingencies, legal, adminis- tration, interest during construction, increased the total cost'for the construction of such facility to $2,632f204.00, and WHEREAS, the maximum amount authorizei:l for the construction of such facility is $1,877,000.00, and WHEREAS, this board heretofore authorized the Supervisor to make application to the New York State Department of Environmental Conservation (NYSDEC), requesting its approval of an increase in the amount of State and Federal fund- ing at the same rate as previously approved, for the increased cost of such facility, which request was granted by NYSDEC by letter dated March 19, 1984, and WHEREAS, Section 209-h of the Town Law provides that after a district is established, the maximum amount propsoed to be expended for the improvement in such district, as stated in the notice of public hearing on the establishment of such district, may be increased by an order of the town board after a public hearing is held thereon, and further provides that the State Comptroller shall have made, pr~ior to such public hearing, an order approving the increase of such maximum amount as stated in said notice of hearing, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Supervisor be and he hereby is authorized and directed to execute a verified application and file the same with the Comptroller of the State of New York requestin9 that the said Comptroller adopt an order approving an increase in the maximum amount proposed to be expended in said district for the aforesaid improvement from the sum of $1,877,000.00 to the sum of $2,632,204.00. 2. That the Supervisor be and he hereby is authorized and directed' to execute and file any and all other documents and perform such other acts as may be required with respect to said application. COUNCILMAN SCHONDEBARE: We just got this today and I haven't had a chance to read it yet. SUPERVISOR MURPHY: This is the new application that we have to put in looking for approval to the Comptroller to approve for the over-run on the bids. It's because of the one contract [hat came in too high. COUNCILMAN SCHONDEBARE: Yes, but like I said, I just got it and I haven't even read it. SUPERVISOR MURPHY: It's most imperative that we act on these applications, because we're in a very tight time-frame in order to hold the contracts. TOWN ATTORNEY TASKER: What we have to do, Jay--we had $1,877,000.00 for this project. As you know, the bids came in very much above. In order to proceed, we have to do many things. One of them is we have to pass-- adopt an Order increasing the authorized amount to the new level. Before you can do that, you have to get permission or consent from the Comptroller, and that's what this. This is an application to the Comptroller for him to make an Order allowing the increase in the amount of the maximum cost of this ,! 28 APRIL 10, 1984 facility, from I believe it 'is $1,877,000.00 to $2,632,204.00. Time is of the essence because when the Comptroller grants this approval you have to pass the Order holding another public hearing on the question. After you've had the hearing, you have to pass a further Order approving of the increase, which is subject to a permissive referendum, which requires 30 days before it takes effect. After that you have to adopt an amended bond resolution, which again increases the cost to the new level. That also is subiect to a permissive referendum, and requires 30 days notice. Now, you have bidders who are holding their bid and have extended their bid from the normal 45 days to the 90 days. We'll be very lucky if we make that 90 days. We may not make it and the whole thing goes down the drain. COUNCILMAN SCHONDEBARE: And if we don't make that H2M's cost us time figuring things out. You know, it's not our fault and I blame H2M for this mess. TOWN ATTORNEY TASKER: That's not going to help us now. COUNCILMAN STOUTENBURGH: But that's not going to get us out of this. COUNCILMAN SCHONDEBARE: All right, I'll go along with this. TOWN ATTORNEY TASKER: This is nothing new and you can blame whoever you want. This is the way this 'project has been going and it's probably, what, four or five years now we're into it and we're so far into it, and we have committed so much money that even though mistakes have been made, and there probably will be some in the future, we're so far into it, and there's so much money involved, that to try to turn around now--you just can't turn around. We're another Southwest Sewer District. COUNCILMAN TOWNSEND: Not quite, not quite. TOWN ATTORNEY TASKER: You turn aroundr you're going to lose all of your state and federal funding and you're still going to have build the facility. And at that point you're going to be getting new bids much higher than this.~ So you're talking two and a half to three million dollars that we may have to impose upon the taxpayers. At this-point it.s about $350,000.00, our net cost. We have 92-}% funding. So, it's not a happy position to be in, I know and I have been frustrated through all of this, but we're in this and there's just no turning around r and time is of the essence now. SUPERVISOR MURPHY: Any other questions? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 39 is to allocate funds for the Mattituck- Cutchouge Litl~Je League. .39. Moved by Councilman Townsend, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $1,400.00 from A7320.4 Joint Youth Account, to the Mattituck-'Cutchogue Little League for the purchase of equipment for their 1984 season. SUPERVISOR MURPHY: rAny questions? This has been budgeted. Vote of ~the l~o_wn..Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman-.Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 40 is another lead agency. 40. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that' the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Anna Fiore, Michael Longo, et. al. for relief from the Bulk requirements of the Zonin9 Code with reference to a proposed major subdivision to be known as "Subdivision of Richmond Creek Farms," consisting of 49.9 acres and located on the south side of Main Road (State Route 25), Peconic, New York. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 41 is to transmit this petition to the Planning Boards. 41. 42. 43. 44. APRIL 10, 1984 Moved by Supervisor Murphy, se~onded~b¥~uncilmanStoutenburgh, WHEREAS, a petition was received from Anna FiOre, Michael Longo, et. al. requestin9 relief from the Bulk requirements of the Zoning Code with refer- ence to a proposed major subdivision to be known as "Subdivision of Richmond Creek Farms," consisiing of 49.9 acres and located on the south side of Main Road (Route 25), Peconic, New York, now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Plannin9 Board and Suffolk County Depart- ment of Plannin9 in accordance with Section 100~31A (5) of the Code of the. Town of Southold. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards w Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 42 is to act on the Helen Case Wetland Applicationr the negative declaration. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 Of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Helen B. Case for a Wetland Permit to construct a bulkhead consisting of broken concrete on West Creek, off south side of New Suffolk Avenue, Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental Assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southoid Town Trustee and Southold Town Conservation Advisory Council indicating that 'this project would not have a sigfiifiC~i~ effect~)n~t~e'environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor~ comments from those agencies. ~ Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenbur§h, Justice Edwards, Councilman Townsend~ Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 43 is to grant permission under the Wetland O rdi nance. Moved by Supervisor Murphy, seconded by Councilman Schondebare, WHEREAS, Helen B. Case applied to the Southold Town Board for a pea,mit under the provisions of the Wetland Ordinance of the Town of Southo-~-- application dated February 23, 1984, and WHEREAS, said application was .referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and re~:ommenda- tions, and WHEREAS, a public hearing was held by the Town Board with respect o said application on the 10th day of April, .1984, at which time all interested ~ersons were given an opportunity to be heard, now, therefore, be it RESOLVED that Helen B. Case be 9ranted permission under the provisi ns of the Wetland Ordinance of the Town of Southold to construct a bulkhead consist- ~ng of broken concrete from first bridge above high water mark, at he, property located on West: C'~reek, off of the south side of New Suffolk Avenue, CUtchogue, New York. This permit shall expire on April 10, 1985 if work has not :ommenced by said date; there shall be two inspections required, and the Town Cl~rk shall be notified when the project is completed. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Mu~ hy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 44 is to move the copy machine. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby autho zes the reconstruction of an area in the west win9 hallway of the Town Hall to accomodate the IBM copy machine, and walling of of the area where the copy machine is presently located for additional Planning Board space, all at a cost not to exceed $2500.00 for material° and to be paid from the General Fund Whole Town Account A1620.4 Buildings, Contractual Expenses. COUNCILMAN TOWNSEND: That's going to go in the bathroom area, basically. 130 APRIL 10, 1984 COUNCILMAN SCHONDEBARE: Is Alex going to do the work? SUPERVISOR MURPHY: Alex, Victor and Ray Dean's man. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards--- COUNCILMAN TOWNSEND: Hold it--just--sorry. Just a little discussion on that. The budget line that you plan to take that out of is going to come from the Whole Town Account, Buildings? We have a budgeted amount for that? SUPERVISOR MURPHY: Right. COUNCILMAN TOWNSEND: Well, okay then. Vote of the Town Board continued: Ayes: Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That is the end of the prepared and amended agenda, and at this time I Would' like to ask any of the Councilmen if they have any- thing further to say. I think we all should be pretty well taked out. Jay? Let Jay go first. Anything? COUNCILMAN SCHONDEBARE: No, not at this time. SUPERVISOR MURPHY: Joseph? COUNCILMAN TOWNSEND: I was asked to put in a requast, which I probably should have done earlier, from George Mellas, that we consider painting his--- MURPHY: He's made that request already. TOWNSEND: And are you considering it? MURPHY: Yes. TOWNSEND: Because I think we've done that for the other SUPERVISOR COUNCILMAN SUPERVISOR COUNCILMAN departments. COUNCILMAN COUNCILMAN SUPERVISOR COUNCILMAN COUNCl LMAN COUNCILMAN SUPERVISOR STOUTENBURGH: What are you painting? TOWNSEND: The--. MURPHY: Probably after they move out, during the summer. TOWNSEND: Painting and putting in cabinets, yes. STOUTENBURGH: Where's this? TOWNSEND: This is 'in the Tax Receiver's officer. MURPHY: It needs painting badly. All right, Paul? COUNCILMAN STOUTENBURGH: Nothing. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: I have something, but Attorney Tasker does also-- TOWN ATTORNEY TASKER: I have two things. First, the Fishers Island Government property title closed and we own it. Number two, I have a question on this recessed hearing (Dalchet Draft Environmental Impact). I don't think you got four votes. COUNCILMAN SCHONDEBARE: I asked i,f we had a vote on it--- TOWN ATTORNEY TASKER: You have to vote to recess. TOWN CLERK TERRY; Do you want to vote? COUNCILMAN SCHONDEBARE: All those people have gone home. was the motion, then? COUNCILMAN TOWNSEND: or to-- TOWN ATTORNEY TASKER: What What happens if we can't get a vote either to close Well, I think the hearing dies. APRIL 10, 1984 SUPERVISOR MURPHY: Can we vote on that now? TOWN ATTORNEY TASKER: You haven't closed the meeting. TOWN CLERK TERRY: No, the meeting is still open. COUNCILMAN STOUTENBURGH: I don't see how you. can vote. These people expect to come back I would think. We let them go with the idea they were coming back. COUNCILMAN SCHONDEBARE: ! don't think those people want to come back. SUPERVISOR MURPHY: Nobody wanted to. COUNCILMAN STOUTENBURGH: If they lose the thing they would have wanted to come back. COUNCILMAN SCHONDEBARE: The woman (Jean Tiedke) who wanted to come back is gone. MRS. RUTH OLIVA: Oh, she will find out. SUPERVISOR MURPHY: Is there a problem with keeping it open? TOWN ATTORNEY TASKER: Well, I think you have to have a resolution to recess the hearing. SUPERVISOR MURPHY: i don't think we've ever--I never remember having a resolution to-- TOWN ATTORNEY TASKER: We always did. COUNCILMAN SCHONDEBARE: Didn't we vote to close the regular meeting and open the hearing. We have to vote again to close that and open up the regular meeting. TOWN ATTORNEY TASKER: You voted to recess. COUNCILMAN STOUTENBURGH: So it's still open then you're saying. TOWN ATTORNEY TASKER: Well, I don't know what it is. COUNCILMAN STOUTENBURGH: Well, it hasn't been closed. TOWN ATTORNEY TASKER: You haven't taken a vote, apparently. I don't know what you did. COUNCILMAN STOUTENBURGH: Well, we haven't closed it, that's for sure. TOWN ATTORNEY TASKER: No vote has been taken as yet with respect to the hearing. COUNCILMAN STOUTENBURGH: Then it's still open. COUNCILMAN SCHONDEBARE: Well, it seems to me you got a vote to recess, then you've got to vote to reopen, otherwise you don't have to vote to recess. It should work both ways I'm saying. I haven't the slightest idea, but it sounds like it should work both ways. TOWN ATTORNEY TASKER: You're saying...that you have to vote to recess? COUNCILMAN SCHONDEBARE: We did vote to recess is what I'm saying. COUNCILMAN TOWNSEND: No we didn't. TOWN ATTORNEY TASKER: No, that's the question. TOWN CLERK TERRY: We voted to recess the Regular Board Meeting to hold the public hearing. TOWN ATTORNEY TASKER: You did not vote to continue the hearing, which is a recess of the hearing. TOWN CLERK TERRY: No, we did not. COUNCILMAN SCHONDEBARE: What didn't do is vote to reopen our Regular Board Meeting. SUPERVISOR MURPHY: You don't have to do that. You don't have to vote to open the.meeting. 131 APRIL 10~ 1984 TOWN ATTORNEY TASKER: Well, you iust reconYene. But the question is on the public hearing--are you 9oin9 to put it to a vote? Well, we haven't got a majority either way. Well, then it's a question of whether you have That is the question. COUNCILMAN TOWNSEND: TOWN ATTORNEY TASKER: a validly recessed hearing. COUNCILMAN TOWNSEND: COUNCILMAN $1SPIONDEB~RE: That is the question. Yes, I agree. COUNCILMAN TOWNSEND: If we can't close the hearing--- SUPERVISOR MURPHY: Let's close the hearing. Would you like to vote on--- COUNCILMAN TOWNSEND: Closing the hearing? COUNCILMAN SCHONDEBARE: Closing the hearing? SUPERVISOR MURPHY:' Would that be proper at this time? I never remember voting to close a hearing. TOWN ATTORNEY TASKER: I think you usually do. I think you have to vote to continue it--to recess it. Otherwise it's never ended. COUNCILMAN SCHONDEBARE: ! move that the hearing be closed. JUSTICE EDWARDS: Second. TOWN CLERK TERRY: I can notify all those people. I know who was here. If this is what you want to do. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby closes the public hearing held this date, April :I0, 1984, at 8:00 P.M., on the matter df the Draft. Environmental Impact Statement submitted by Dalchet Corporation, et. al., on certain property under, consideration for a change of zone, located on the southerly side of Route 25, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Schondebare--- COUNCILMAN STOUTENBURGH: 'No, and I'm stating a reason that I don't believe it's necessary, for the simple reason I think the Supervisor merely has to declare the hearing closed. TOWN ATTORNEY TASKER: Has he? SUPERVISOR MURPHY: I recessed it. I believe this is what we've been doing for three years, I know, on any hearing that the Supervisor either recessed it No, I think you voted on a recess. I'm not sure, We usually agree on, it, but ! don't know--- or closed it. TOWN ATTORNEY TASKER: but I think you voted. COUNCILMAN TOWNSEND: COUNCILMAN SCHONDEBARE: We usually agree. This time we had to go for a vote. TOWN ATTORNEY TASKER: As a normal course of event, you have to vote to take whatever action you have to take. The Board is holding a hearing and the Board has to determine what it's going to do. And you can only do it by Okay. Ayes: Justice Edwards--- a vote. COUNCILMAN SCHONDEBARE: Vote of the Board continued: COUNCILMAN TOWNSEND: I'.m going to vote yes, but I don't know if 'we have to do it, but I want to get out of here--- SUPERVISOR MURPHY: Well, I'II foul it really up good, I vote no. COUNCILMAN SCHONDEBARE: You just said you wanted to close the hearing, Frank, why do you think I just made the motion? COUNCILMAN TOWNSEND: I thought you wanted to close it. COUNCILMAN SCHONDEBARE: You just wanted to close it. Why did you just do ~hat? We iusi sl3ent five minutes doina nothino. APRIL 10, 1984 SUPERVISOR MURPHY: Let's close the hear~ing. I'll vote no. TOWN CLERK TERRY: You just voted no again? SUPERVISOR MURPHY: I vote yes. I'm sorry. This resolution was declared duly ADOPTED. JUSTICE EDWARDS: I've got something. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: This is for the record, Judy. Contrary to local gossip, I have no intention to resign my position. I plan to continue my services as Town Justice-Councilman. Because of financial restraints I wanted to limit my responsibilities on the mainland and increase my duties on Fishers Island, that were the past practices of the Judge-Councilman that I replaced. The Super- visor knew that I was not resigning and it was a disservice to his Office to send a letter to the Governor and myself stating that I had resigned. Resigna- tion of an elected official first requires a letter to the Town Clerk, then acceptance by the Town Board. No letter was forwarded to the Town Clerk. I Certainly pray that this is now a dead issue and we can continue on with more important affairs of the Town of Southold. Amen. SUPERVISOR MURPHY: Any other comments? (No response.) Anyone from the audience like to say anything? (No response.) I'd like to entertain a motion to close. Moved by Justic~e Edwards, seconded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be adjourned at 9:41 P.M. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. I33 Jhdith T. Terry Southold To.wn Clerk