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HomeMy WebLinkAboutTB-04/05/198332 SOUTHOLD TOWN BOARD April '5, 1983 WORK SESSION 8:30 A.M. - The Bpard audited outstanding vouchers. 9:20 A.M. - Mr. David Kapell appeared on behalf of his client, Herbert Mandell, to ask that the two acre proposal apply only to subdivision applications which have not received sketch plan approval. Mr. Kapell was asked to submit his suggestion in writing~ and appear at the public he~ring to make his feelings known. 9:25 A.M. - The Board began reviewing the agenda. 10:I5 A.M. - Mr. Beverly Smith, Coordinator of the Greenport Housing Alliance, Inc., met with the Board ~o request they be permitted to administer Section VIII Existing Program for Iow to moderate income residents ~f Southold Town.--Councilman Murdock voiced his objection to Section VIII housing, stating it attracts people from out of Town.-- Community Development Direcvor Jim McMahon told the Board that the County would like to see the Town get involved in Section VIII, if only through a third party such as the Greenport Housing Alliance, and would only involved about ten units. Mr. Smith and Mr. MCMahon will get together and prepare a proposed program and resolution for the next meeting. .10:25 A.M. - Supervisor Pell advised the Board that the Home Aide Program contract expired on March 31st. The new contract will be delivered to the Town by mid-April and the advance ~o operate the program will be received by the end of April. Ail Towns are aperating without a contract at this time. 10:30 A.M. President Paul Stoutenburgh, Southold Town Trustees, and member John Bednoski appeared before the Board to discuss the Town Board's position on the proposal of Gustave Wade, Fleets Neck, Cutchogue. The ownership of the proper~y between East Road and Mr. Wade's property as determined, by Town Attorney Tasker:, to belong to: the first 35 ft. belongs one half to the owners on each side, and the seconH, parcel of 40 ft. to the Town Trus~ee~s. Town Attorney Tasker will give the Board a memorandum to this ef£ect. 10:50 A.M. - Mr. James McMahon, Communivy Developmen~ Director, described the seed scallop program and its benefits ~o Southol.d Town. He stated that the Community Development agency is very~ much in favor of marine culture programs as it provides quite a bit of income for Southold Town residents. Trustee Stoutenbur~gh said the Trustees are investigating ~he transplanting of eel ~rass back into the bays and they would encourage a seed scallop prolgram. Mr. Jarvis Verity, President of the Baymen's Association encourages a seed clam program in the Town, and he would also like ~o see seed oysters in the creeks.--Mr. McMahon said the cos~ of a seed sc~allop ~rogram on Fishers Island would be $4000, and the funds are available in Community Development.---Mr. McMahon brought the Board up ~o date on other Community Developmen~ progrems that are in progress ~hrough- ou~ the Town. 11:10 A.M. - Lyle Meredith, Jim McMahon and Victor Lessard mem with the Board to discuss the roo~, ventilation and appearance of the Recreation Cent.er. Mr. Meredith reviewed his report (on file in the Town Clerk's Of£ice) of January 14, 1983. As far as ventiilation is concerned, he has talked to people who use the building and has encountered very few complaints. Mr. McMahon said the only complaints he had were in the summer months. Mr. Meredith does no~ recommend any action in this area. Mr. Lessard mentioned several consmruction defects which he wilI discuss further with Mr.M~r-~th~at another time. Mr. Meredith recommends the installation of a wood deck roof with asphalt or fiberglass shingles. He estimates between $18,000 APRIL 5, 1983 ...... ;~:'~ .... 33 and $20,000. He would suggest hiring a consulting firm to study the building to see if the building will carry such a wood deck roof. Supervisor Pell will contact Arthur Johnson concerning this matter. 11:40 A.M. - The Board resumed reviewing the agenda. -- Supervisor Pell announced that he has been elected President o£ the East End Supervisor's and Mayor's Association. 11~55 A.M. - Recess for lunch. 1~35 P.M. - EXECUTIVE SESSION The Board discussed a personnel problem. 2~15 P.M. - The Board resumed reviewing the agenda. 3;00 P.M. - Recess of Work Session to hold a public hearing on a proposed Local Law to amend the Vehicle and Traffic Code. 4~15 P.M. - Mrs. Helen Talbot, Mattituck, addressed the Board, asking for help in preventing the Mattituck Theatre from allowing children under 17 into R rated movies. Supervisor Pell advised Mrs. Talbot he would check the law and contact her by the end of the week. 4~20 P.M. - Work Session adjourned. REGULAR MEETING 7530 P. M. A Regular Meeting of the Southold Town Board was held at 7:30 P.M., Tuesday, April 5, 1983 at the Southold Town Hall, Main Road, Southold~ New York. Supervisor Pell opened the meeting with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman John J. Nickles CoUncilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby are ordered paid~ General Fund Whole Town bills in the amount of $42~336.34; General Fund Part Town bills in the amount of $21,387.66; Highway Department bills in the amount of $8,087.33; Fishers Island Ferry D~strict bills in the amount of $43,531.03; Federal Revenue Sharing Fund bills in the amount of $1,994.73; Nutrition Program bills in the amount of $12,159.39 and $10,675.40; Home Aide Program bills in the amount of $312.34. Vote of the Town Board: Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, C~uncilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED tha~ the minutes of the March 22, 1983 Southold Town Board meeting be and hereby are approved. Vote of the Town Board~ Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor PelI. This resolution was declared duly ADOPTED. Moved by Councilman Nickles~ seconded by Councilman Murphy~ it was RESOLVED that the next Regular Meeting of ~he Southold Town Board will be held at 3:00 P.M., Tuesday, April 19, 1983 at ~he Sou~hold Town Hall, Main Road, Southold, New York. APRIL 5, 1983 Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickl~ Supervisor Pell. This resolution was declared duly ADOPTED. I. REPORTS SUlPERVISOR PELL: These reports are placed on file in the Town Clerk's Office or mine. You can review them at either one. 1. Supervisor's monthly report (March 1983). 2. Police Detective Division and Juvenile Aid Bureau monthly reports (February 1983). 3. Building Department's monthly report (March 1983). 4. Town Clerk's monthly report~ ~arch 1983). 5. Fishers Island Ferry District's monthly report (March 1983). 6. Highway Department's monthly report (March 1983). 7. Councilmen's reports. Councilman Townsend. COUNCILMAN TOWNSEND: Last week in the Long Island Traveler- Watchman an ad appeared regarding an old building located on the Main Street in Southold. A fellow by the name of Joseph Hartranft owns this building and he's thinking about seIling it and he's concerned that it he might have to tear it down because he feels the value of the property is primarily in the land. Councilman Nickles and I went over to speak to him and talked about things that might be done to preserve this building because I think it is a significant part of Southold's heritage. It's a classic structure; it has all the original hardware. It was built ink-the middle 1700's, about 1750, and toda~ I asked the Board if I could look into trying to hUrry this thing through the legis- lation that is necessary to put on the Federal Register of Historic Buildings. If that's the case it would make it a much more attractive property for people to buy, because there are certain investment credits and tax breaks that are given to people that acquire these type of properties.---The other thing that this sort of ties in with is we're going to appoint the Landmark's Commission today and I think that if this body was acting they could help us in problems such as this in recommending solutions. I was very pleased with the number of candidates that applied. We had seven candidates for five positions. More people expressed interest in it, and everybody that applied had impeccable credentials. It was a very difficult choice. I think the Board is not totally satisfied with the fact that we had to eliminate a couple of people that were very well qualified, but I'm glad to report that that's gone through. SUPERVISOR PELL: Thank you. Councilman Nickles. COUNCILMAN NICKLES: Nothing really tO report, I just would like remind the press that we have two other advisory committees being formed and the resumes must be in by April 30th, and that is the Water Advisory Committee and the Agricultural Committee. SUPERVISOR PELL: Thank you. Councilman Murphy. COUNCILMAN MURPHY: Yes, three things. First, the Cablevision is going to fairly soon--we finally--I finally got it in the mail today-- what was supposed to be a questionnaire from them. For the people that don'T know it, the Town Board has been fighting with Cablevision about the poor service, the quality of their service, their insensitivity to the people calling. If anyone has called there I think most every- ~--~ body has had problems with them. They were going to send a survey out, a questionnaire questioning their services. They sent us a sample questionnaire that they would like sent out. The Town Board is going to review it and we're going to add quite a few questions to it. I would like the press--I would like anyone here who is involved and has any feelings on Cablevision that they are either doing a terrible job or a good job, to please, when this comes, and it will be in about two months,I imagine, by the time it gets into everybody's bills and all,that you do respond so that we have a little more clout in dealing with them to protect your interest. In 1985, I believe, their franchise is up and we would like to get a little better shake out of Cablevision. From what I gather we're getting a terrible shake.---We had an our- fit come to the Town Board several months ago, Wehrn Energy~ and what they do is pump methane gas out of landfills. They are operat- ing--I was over at their site the other day in the Town of smithtown, APRIL 5, 1983 and we are going to ~Ontact ~hemi.~.~Wehave a contract that we would like to sign with them. We would like to see their facility operating. What they're doing is pumping methane gass out of the landfill generat- ing electricity and selling it and they are turning over a profit to tke Town. Really, we're not even interested in too much of a profit if we just get the methane gas problem solved.---And that leads to the third thing, Councilman Murdock isn't here yet, he and I and Ray Dean went out to Illinois and Michigan to look at some equipmenv in the landfill and came back very impressed. What we're trying to do is reduce the volume that we're burying in the landfill. This one piece of equipment will cut up--It'll take 15 inch--18 inch--20 inch trees actually and cut them .up and grind them up right in fronv of you within seconds and we feel that we could pull out all of the waste wood, the branches, tree trimmings, all this, that we are presently burying in the l~ndf±ll, which the engineers estimate to be about 50~ to 60~ of the volume we're burying. We hope to pull this out and start composting it and also if anyone does go to the landfill tomorrow we have some machinery going in. We are starting to take care of the drainage, venting methane gas and finally start- ing ~o clean up. Hopefully by the end of the summer the residents can be very proud of the landfill. It's been neglected for years and we have to do something about it and we hope we're going to have it cleaned up and hope we are going to be operating they way a land- fill should. Thank you, Bill. SUPERVISOR PELL: Thank you. Judge Edwards? JUSTICE EDWARDS: A couple of things on Fishers Island. The bowling alleys did open this weekend. There is still a lot of work to be done there, but the alleys were very active. The snack bar, per se, is great thing for the kids. It's the only place on the Island where they can get a Coke and so forth. Number two, we h~ve started our clam rafts over there like you had here in Southold. We're going ~o have one raft on the Island as more or less a project for the school seniors this year. Also we have marked out the tennis courts and this evening we'll, I think, be passing a resolution to o'rder the lights for the tennis courts on the Island. That's it, Bill. SUPERVISOR PELL: Thank you. I have no report to make, but a state- men~ to make. I told the Town Board today and I'm tell you now and I hope the press will pick it up. In the last three weeks I got very upset in Town Hall. I have people come into this Town Hall and tel~ me--and I'm going to use the word--"call the dogs off". I said, who do you mean, "dogs"? Police Department in one instance an~ in another instance the Building Department. You are enforcing your Code that hasn't been enforced in years. When I have people come into this office, this Town Hall, and give me evidence of violations in Southold Town Code, which is this book here, I will do everything in my power to uphold the Code of Southold Town. And I have people go to my father and say, "Get your son to call the Building Department off--" of a certain individual. "He was doing this for the last ten years, nothing was said. Just because we have peeple who moved into our area in the last ten years they want to change it." This Town Board and myself will do everything in our power to enforce the Code of Southold. We represent all the people, whether they moved here last week or they were born here. And as long as I sit in this chair, and I do expect to sit in here for a few more years, this Code will be enforced with every strength of my body. We are all equal whether we moved here yesterday or we were born here. Thank you very much. II. PUBLIC NOTICES COUNCILMAN MURPHY: 1. Notice of Complete Application of Frank Burr. N.Y.S.-D.E.C. It's a Tital Wetlands, Protection of Waters. It is to construct 6 ft. by 100 ft. open pile dock extending from the cen~er of the concrete wall on the eastern proper~y line out 100 ft. into West Harbor in an easterly direction. Placement of two tieoff piles 19 ft. off the northern side of the dock. Piles will be 10 in. in di"ameter and will be placed 30 ft. apart. Project is located at Hedge Street, Fishers Island, New York, in West Harbor. New York State D.E.C. is the lead agency. Contact Daniel J. Larkin by April 15th with any comments. This notice is on the Town Clerk's Bulletin Board. 2. Notice of Complete Application by Corrine Gerhold, Two Washington Square, Larchmont. To N.Y.S.-D.E.C. for a Tidal Wetlands, Protection of Waters Permit to in-kind, inplace reconstruction of two APRIL 5, 1983 low profile design 60 ft. timber jetties located between a recently reconstructed timber jetty on the east and a stone groin on the west. Placement of approximately 500 cubic yards of clean sand from approved source between subject jetties. Removal of broken concrete ~!abs seaward of existing bulkhead from beach area prior to project implementation. Project is located at Park Avenue, Mattituck, Town of Southold, on Peconic Bay. Comments to New York State D.E.C. no later than April 15th to Daniel J. Larkin. This again is posted on the Town Clerk's Bulletin Board~ 3. Receipt of a Draft Environmental Impact Statement concerning Nicholas Schick's proper~y which is the Orient Point property, which is up for a change of zone on Orient Point. The draft environmental impac~ statement may be reviewed at the address listed below, commentsI on the project mus~ be submitted to the contact person indicated below no later than May 1, 1983. The contact person is Judith T. Terry, Town Clerk, Town of Southold, Town Hall, Main Road, So~thold. This is available in Town Hall and this notice is posted on our bulletin board. 4. Public Notice from the U. S. Army Corps of Engineers. Section 10 of the River and Harbor Act. Application of Virginia G. Jones, Willow Point Road, Scuthold, for dredging with upland disposal ~d installation of a ramp and floating pier, Budds Pond Creek, Shelter Island Sound~ Town of Southold. All commen~s regarding this permit application must be prepared in writing and mailed to reach this office before the expiration date of this notice which is April 29, 1983. This again is posted on the Town Clerk's Bulletin Board. 5. Another Corps of Engineers public notice. Section 10. Application of Monroe R. Sonnenborn, Et. Al., 2 Charlton Street, New York. for dredging with beach nourishment at Long Island Sqund, Southold~ These must be given in writing prior to April 29, 1983. This again is posted on the Town Clerk's Bulletin Board. 6. This is one that I am sure many people have been waiting for. It's the Highway Superintendent's notice of "Clean-Up Week". Superintendent of Highways Raymond C. Dean has designated the week of April 18, 1983 as the Annual Spring "Clean Up" week in the Town of Southold, and the following will be locations and dates for~this. (No garbage is ~o be included in this pick-up, no leaves unless they are in bags or cartons. April 18th - Orient, East Marion to Moore's Lane, Greenport. April 19th - Moore's Lane, Greenport to South Harbor Lane, Southold. April 20th - South Harbor Lane, Southold New Suffolk ~o Nassau Point, to Alvah's Lane, Cutchogue. April 21st - Alvah's Lane, Cutchogue to Mat~ituck, to Laurel Lane, Laurel. This wftl be done then. As usual, the Highway Department is ver~iCooperative and this is a good time to get it cleaned up and I'm happy to say for once we'll be able to use all the material that we are picking up and we will no~ have to bury it. This eventually will be the material that's going to make the top soil that's going to cap our landfill. So we are finally getting some real good benefits out of it. COUNCILMAN NICKLES~ 7. From the Corps of Engineers, an application in Gardiners Bay and the applicant is Parkside Heights Company, Cleaves Point Village, Inc., 43 West 54th Street, New York. The actiVity is a relocation of two existing 6 foot by 95 foot open pile t~mber p~ers. The western pier would be moved 50 feet further west. The eastern dock would be moved 400 feet westward. A 6 foot by 100 foot floating pier section with eight finger floats would be added to each relocated pier. The floating sections would be retained by timber piles. Four- teen mooring piles per each pier would be installed. Each pier would extend a total distance of 184 feet from the line of mean high water. This is located a~ Cleaves Point, Shipyard Lane, Village of East Marion, Town of Southold, New York. Comments can be made to the Corps~-~ of Engineers at the New York District, Corps of Engineers Office, 26 Federal Plaza, New York, New York 19278 and they must be in writing and they mus~ be submitted by April 20th of 1983. 8. From the Corps of Engineers, an application by Benjami~~ Kowalchuk, 38 Liszt Street, Hicksville, New York, and this proposed work consists of the construction of a 24 foot by 4 foot fixed timber pier elevated a minimum of 3 feet above gra~e of wetlands with attached 12 foot by 4 foot ramp and 16 foot by 6 foot floating pier secured by two posts. It is located in Richmond Creek, off o~ Little Peconic Bay. The response date to the Corps of Engineers it by April 20th, 1983. And like other public notices, they're all on the Town .Clerk's Bulletin Board. APRIL 5, 1983 SUPERVISOR PELL: Th~hk you. AISC'% would like to announce at this time that the term of office of Bennett Orlowski, Planning Board member, expires April 30th, 1983, also Serge Doyen, board member on the Board of Appeals expires April 19th of this year. Resumes will be accepted by the Town Clerk to fill these two positions up until ApriI 14th. Also, on the Conservation Advisory Council John Plock's Term expires May 6th. Resumes will be accepted by the Town Clerk up until April 14th. Rachel Duell expires June 1, John Tuthill expires June 1, Robert Hood expires June 12th. Resumes again to the Town Clerk by May 15th. III. COMI{UNICATIONS SUPERVISOR PELL: The following communications were on the agenda today for the Board to discuss. 1. Cut in funds by the County and the East End Project asks the Town Board ~o wrize and ask the County not ~o cut their funding for 1983 which the Town Board has instructed a letter to go ou~ and ask it to remain the same - no cut. 2. From the East End Horsemen's Association, Inc. with reference to zoning laws for horses. This is being worked on by-our Zoning Committee. They have met once with these people and they plan to meet again with them in the future. This is under the Code Review Committee chaired by Larry Murdock. 3. Pappas Realty Company complaining that three parcels of land thaz they own in Orien~ was all pu~ into one tax bill. This has been corrected and next year the gentleman will receive three tax bills instead of one. 4. Conference which I will attend in Washington, D.C. on May 17th and 18th put on by Senator D'Amato. The ten town supervisors are all going down. (Local Government Conference). 5. This is something we have to stay on top of and the press could help us out with this one. We have put in a request to dredge Jockey Creek west of the Oaklawn Avenue bridge, when they replace that bridge. The request was denied az this time. The Town Board will look into it and try to see why and what we have ~o do to have it dredged out once the bridge is ou~ of there for replacement. (Suffolk County Department of Public Works, Division of Waterways). 6. This is a letter that we are very proud of. Last year there was formed in Southold Town, ou~ of l~attituck, a Coast Guard Auxiliary Unit. Last year was its growing stage. It worked out on weekends very well, saved the Town money, because on weekends when we had problems in Long Island Sound we did not have to transport our Town boat up there, launch it, and send our Bay Constable out there. The Coast Guard Auxiliary performed the duties. They are willing and will be back there again this year. But this year they have received a boat of their own to use and we have thirty people in Town who have formed this group and they are looking for more people zo be involved in it and they have a course that will begin in a couple of weeks of how ~o become a member and all that. They're looking for suppor~ from the Town and we did suppor~ them last year and I hope the Town Board will continue ~o support them this year. On May 1st at 1:00 P.M. there will be the opening ceremony. They were given a 32 foo~ Pacemaker. Somebody gave them this after they performed their duties last year as a unit, to be used strictly in Long Island Sound our of Ma~tituck Inlet. So they have their own boat. 7. A letter from the Greenport Housing Alliance, Inc. which was discussed today when Beverly Smith was here and he did discuss this with the Town Board. The Town Board instructed Beverly Smith and Jim McMahon from the Town staff, to sit down and work out recommendations and send them to the Board at the next Town Board meeting in two weeks. (Re: Section VIII existing program). 8. A letter to Councilman Nickles from Congressman Carney. COUNCILMAN NICKLES: Just briefly, Bill, a month or so ago there was a problem in the Town where I know there were complaints made to the school and to the Town Board about one of these dial-it nhmbe~s where you could 'call up and get a intereszing message, to say the least, on the telephone, and many parents in the Town of Southold approached the Town Board because they were concerned because young children in the school were utilizing the pay phone to make this call which for children, I don't think, was the type of exposure they should have, but nonetheless it was referred to our Congressman and he was in touch with the Federal Communications Commission and we have a response back from the Communications Commission where they referred it to the Public Service Commission, APRIL 5, 1983 but in a sense their basic response to our Congressman was that it's intra-state, as opposed to inter-state and will have.to be resolved by the Public Service Commission and further, as you may be aware, the County Executive has brought a legal action against the outfit that sponsored these phone calls, which is High Society Magazine, Inc. So, hopefully, the county's court case will be successful. V. RESOLUTIONS SUPERVISOR PELL: Resolution 'No. 1 - the paper work is not in order, so we will wait on that one. (Decision on Jem Realty petition for a change of zone.) Resolution No. 2 - the Town Board is not prepared to act upon it tonight. It will be put back on the agenda at the request of any Councilman. Call my office where I make the agenda up and it will be put on at their request. Resolution No. 3 - we're not ready to move on the bids yeT, the bids came in, three of them, and they're not quite clear on some of the specs so we're going to review that. (Bid on 1983 truck with dump body.) 1. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the application of James Mason to place a single family house trailer on his property at Tuthill Avenue, Cutchogue, New York, be and hereby is granted for a six month period. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: This is the second or third time it has been on the agenda. Nex~ time I hope we are ready to act upon it. John Nickles and myself have to agree on a few items in it and we were going to get ~oge~her last two weeks and we didn~'t make it, but the next two weeks I hope we have time. (Resolution No. 5 - Local Law - Game Rooms.) COUNCILMAN NICKLES: Shall I call you or you call me? SUPERVISOR PELL: YQu call me. 6. Moved by Councilman Nickles, seconded by Councilman Townsend, it was RESOLVED That the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the mavter of the application of Philip J. VanBourgondien for a Wetland Permit on certain property located at Town Creek, 1285 Calves Neck Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 7. Moved by Councilman Townsend, seconded by Councilman Nickles, WHEREAS, Fritz C. Kohn applied To the Southold Town Board £or'a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 25, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southotd Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 22nd day of March, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Fritz C. Kohn be granted permission under the provisions of the Wetland Ordinance of the Town of Southold ~o construct 60 feet of bulkheading to control erosion and provide docking for private pleasure boat, PROVIDED the return from the bulkhead be extended from five feet to at least fifteen feet. Location of proDervy: canal to Schoolhouse Creek, off Old Harbor Road, New Suffolk, New York. This permit shall expire on April 5, 1984 if work has not commenced; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 8. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the application of George A. McCarthy for renewal of a single family house trailer permit for trailer located at private road, off south side Main Road, Laurel, New York, be and hereby is granted for six months. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 9. Moved by Councilman Murphy, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to The Seniors Club of Southold-Peconic, Inc. to hire one bus at a cost of $282.00 to transport their group to the Westbury Music Fair on April 7, 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. Moved by Justice Edwards, seconded by Councilman Nickles~ it was (a) RESOLVED that the Town Board of the Town of Southold amend their Resolution No. 20(b) adopted on March 8, 1983~ whereby they granted permission ~o the Southold Fire Department to use the parking areas behind and around the Southold Fire Kouse for their Annual Fireman's Block Party, to the following dates: August 2, 3, 4, 5, 6, 7, 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. Moved by Justice Edwards, seconded by Councilman Nickles, it was (b) RESOLVED that the Town Board of the Town of Southold amend their Resolution No. 20(c) adopted on March 8, 1983, whereby they granted permission to the Southold Fire Department to use Main Bayview Road, Akerly Pond Lane and Jockey Creek Drive for staging areas for their Annual Fireman's Parade, to the following date: August 43 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 11. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $400.00 from A7320.4 Joint Youth Account to the Mattituck Women's Softball League for the purchase of equipment for their 1983 season. Vote of the Town Board: Ayes: Jutice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 12. Moved by Councilman Townsend, seconded by Councilman Nickles, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to enter into an agreement between the Town of Southold and the Village of Greenpor~ for the lease of land for the construction site of the Southold Scavenger Waste Plant, a~ a rental price of $4,000.00 per year for the first ten years, and $5,000.00 per year for the second ten years. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN TOWNSEND: Bill, this particular contract we are referring to is the result of I don't know how many years of cooperation between the Village and the Town on a Scavenger Waste Treatment Plant. I think it is a significant step because basically it's the first concrete step we've taken towards building a plant that will receive all the scavenger waste that is now going into the Town dump, and I ~hink it will be a real boon to the Town. It s~arts with the 201 Study back in--when was it Bill? SUPERVISOR PELL: You were Mayor. COUNCILMAN TOWNSEND: I know, I'm trying to remember. Probably '75. I think it was 1976, '77, something like that--'78. SUPERVISOR PELL: A lot of work. 13. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the ma~ter o£ the application of Enconsultants, Inc. on behalf of Benjamin Kowalchuk for a Wetland Permit on certain property located at the'east side of Wells Road, on Richmond Creek, Peconic, New York. 40 APRIL 5, 1983 Vote of the Town Board~ Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pelt. This resolution was declared duly ADOPTED. 14. Moved by Justice Edwards, seconded bY Councilman Townsend, WHEREAS, the Special Olympics provides an opportunity for thousands of mentally handicapped children to experience the excitement Of athletic competition, and WHEREAS, on April 30, 1983, the Suffolk County Special Olympics will be held at the Ward Melville~High School, and WHEREAS, the success of these games depends upon the support and assistance of a caring community, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby proclaims the week of April 25, 1983 as Special Olympics Week, and Saturday, April 30, 1983 as Special Olympics Day. Vote of the Tow~ Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 15. Moved by Councilman Nickles, seconded by Justice Edwards, (a) WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel at James Creek, Town of Southol~; 'and ~-~ER--~ t~e ~ ~-~ Suffolk proposes to do said dredging of James Creek, in the Townof Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits (Expiration Date: June 1985); now, therefore, be it RESOLVED'~that the Supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, spoil area agreements, assurances to the County:of Suffolk, license and/or dredging permit applications to Federal and State Agencies and all other documents that may be required to accomplish said dredging work. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. 15. Moved by Councilman Nickles, seconded by Councilman Murphy, (b) WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel at New Suffolk Boat Ramp, Town ~of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging atl New Suffolk Boat Ramp, in the Town of Southold, at a nominal cost' to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period o!f the required permits (Expiration Date: September 1986); now, therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to, execute, on behalf of the Town of Southold, all necessary plan's and specifications, spoil area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and all other documents that may be required to accomplish said dredging work. Vote Of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. 15. Moved by Councilman Murphy, seconded by Councilman Nickles, (c) WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel at Gull Pond, Town of Southold; and WHEREAS, the County o£ Su££olk proposes to do said dredging in Gull Pond, in the Town of Southold, at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the. Town of Southold; and WHEREAS, this approval shall re~ain in e£fect for the period of the required permits (Expiration Date: May 1987); now, therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, spoil area agreements, assurances to the County of APRIL 5, 1983 Suffolk, license, and~or~ dred~;~mt~a~, ~.~. . ppllcat~ons to the Federal and State Agencies and all other documents that may be required to accomplish said dredging work. Vote of the Town Board~ Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolutioh was declared duty ADOPTED. 16. Moved by Councilman Townsend, seconded by Supervisor Pel~, it was RESOLVED that the Town Board of the Town of Southold hereby grants a further extension of nine (9) months, ~o October 15, 1983, to Nicholas Schick, Inc. to return ~o the Board with a progress report on the renovation of the Orient Point Inn, pursuan~ ~o Chapter 90, L~nsafe Buildings, Code of the Townof Southold. ~ote of the Town Board: Ayes~ Justice Edwards, Councilman Townsend~ Councilman Murphy, Councilman Nickles, Supervisor Pell. Th~s resolution was declared duly ADOPTED. COUNCILMAN TOWNSEND: Bill, this is, as you know, because Mr. Schick has had to supply the Town with a Draft Environmental Impac~ State men~ and has taken a long time and we feel where we haven't voted on his projec~ we shouldn't force him to destroy that building just yet. 17. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of The Land Use Company on behalf of Robert Wendell for a Wetland Permit on certain proper~y located at 1020 Glenn Road, on West Creek extension of Goose Creek, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 18. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the Sta~e Environmental Quality Review Act in the matter of the application of The Land Use Company on behalf of Winds Way Building Corp~ for a ~etland Permit on certain property located on the westerly side of Snug Harbor Road, on Dawn Lagoon, Greenport, New York. Vote of the Town Board~ Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 19. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that Supervisor William R. Pell, III be and he hereb~ is authorized and directed to enter into an agreement with Devoe Lighting Corporation, Carlstadt~ New Jersey~ for the purchase of lighting equipment for the Fishers Island Tennis Courts~ to be paid from A7320.4 Joint Youth Account, a~ a cost not to exceed $3,000.00. Vote of ~he Town Board: Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 20. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Senior Citizens Club of Southold Township, Mattituck Unit, to hire one bus at a cost of $545.00 to transpor~ their group to Mystic Seaport Museum, Mystic, Connecticut, on May 17, 1983. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 21. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold set Tuesday, April 19~ 1983~ Southold Town Hall, Main Road, Southold, New York~ as date and place for the following public hearings on applications for Wetland Permits~ 3:35 P.M. - in the matter of the application of Robert V. Rider, Jr..for a permit under the provisions of ~he Wetland Ordinance of the Town of Southold to construc~ a catwalk and £1oating dock, and dredge at his proper~y on the wes~ branch of Corey Creek, wes~ of Minnehaha Boulevard and south of Wigwam Way, Southold, New York. APRIL 5, 1983 3:40 P.M. - in the matter of the application of Abigail~A. Wickham, Attorney, on behalf of Constantine P. Georgiopoulos for a permit under the provisions of the Wetland Ordinance of the Town of Southold to fill Iot with approximately 1000 cubic fee of off- site fill, in order to raise elevation five feet, and construct single-family residence at Great Pond, 180 Lake Court, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. ~22. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the application of First Baptist Church of Cutch~g~e for renewal of a single family house trailer per Mt for traile~ located at the north side of Middle Road (C.R.#48), Cutchogue, New York, be and hereby is granted for six months. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 23. Moved by Councilman Nickles, seconded by Councilman TownSend, it was (a) RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of, Senate bill No. 4662, entitled "AN ACT to amend Chapter 615 of the Laws of 1983 in regard to the term of office of the trustees of the town of Southold." It is hereby declared that a necessity exists for: the enactment of such legislation as the Town of Southold does not have the power to enact such legislation by local law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared, duly ADOPTED. 23. Moved by Justice Edwards, seconded by Councilman Murphy, it was (b) RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assembly bill No. 6230, entitled "AN ACT to amend Chapter 615 of the Laws of 1983 in regard to the term of office of the trustees of the town of Southold." It is hereby declared that a necessity exists for the enactment of such legislation as the Town of Southold does not have the power to enact such legislation by local law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. Moved by Councilman Townsend, seconded by Justice Edwards, WHEREAS, Woodhollow Properties, Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads in Orient, New York, to be known as a portion of Ryder Farm Lane and Plum Island Lane as shown on two certain maps, one map entitled "Map of Orient By The Sea, Section One" and filed in the Suffolk County Clerk's Office as Map No. 2777 and the second map entitled "Map of Orient By The Sea, Section Two" and filed in the Suffolk County Clerk's Office on 10/26/61 as Map No. 3444, and WHEREAS, the Southold Town Highway Superintendent has inspected said highways and has advised the Town BOard that said proposed highways comply in all respects with the specifications for the dedication of Highways in the Town of Southold, now, therefore, be it RESOLVED that in accordance with Section 171 of the High~'ay Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the office of the Clerk of the County of Suffolk, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: If you just back up to Resolution No. 23, what we did, we asked the State to change the term of office for our Trustees--we have five elected Trustees who control the under-Water land that the Town owns, such as your Town creeks. They are elected for two years. We are asking them to change that to a four year ~erm. Last year the Town Clerk was changed from a two year to a APRIL 5, 1983 4'3 four year term. The~year bef'0~h~A~or"two years before that the Tax Receiver was changed from two to four year term. If this goes ~through it will leave two people in Town government who still serve at two year terms, Mr. Raymond Dean~ Superintendent of Highways and myself. We are still on two year terms. That will be on The ballot in November. 25. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that Chief H. Daniel Winters be and he hereby is author- ized and directed to execute an agreement, on behalf of the Town of Southold, with Desto Santinon, d/b/a Desi Jewelers, Mattituck, New'York, for the connection-~of a lease line alarm system to the alarm panel of the communications console au the Sou~hold Town Police ~eadquarters, Main Road, Peconic, New York. Vote of the Town Board: Ayes~ Justice Edwards, Councilman Townsend, CohnCilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 26. Moved by Councilman Townsend, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold~ in accord- ance'with Chapter 56~ Section 56-~ of the Code of the Town of Southold, hereby appoints the following individuals to the Southold Town Landmark Preservation Commission: 2 Year Term (4/5/83-4/5/85)--John Dorman, Louis J. Black 1 Year Term (4/5/83-4/5/84)--Kenneth Godfrey, Joy Bear, George D. Wagoner Vote of the Town Board~ Ayes; Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 27. Moved by Justice Edwards~ secon'ded by Councilman Nickles, 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 the 26th day of April, 1983, at 7:30 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 ~he Bulk an~ Parking Schedule of the Zoning Code of the Town of Southoid", which reads as follows: LOCAL LAW NO. -1983 A Local Law to amend the Bulk and Parking Schedule of the Zoning Code of the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended as follows: Section 1. The "Bulk and Parking Schedule" applicable to the "A" Residential and Agricultural District is amended to read as follows, ~o wit: BULK AND PARKING SCHEDULE A Residence District MinLrnum Re quire me n~s Total lot area (sq. ft.) Lot width (fro) Lot depth (ft.) Front yard (ft.) One side yard (ft.) Both side yards (ft.) Rear yard (fro) Livable floor area (sq. ft.) per dwelling unit Off-street parking spaces per dwelling unit Maximum Pe rmitte d Single - Two- Family Family Dwelling Dwe tling 80, 000 160, 000 200 270 400 400 50 50 30 30 50 50 75 75 850 850 2 3 Lot coverage (percent) 20 20 Building height: Number of stories 2-1/2 2-1/2 Feet 35 35 ~2. This Local Law shall zake effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 28. SUPERVISOR PELL: We have a few more resolutions to do that are not on your prepared agenda, but'the Board will explain them as they, go along. For information sake; we might have moved through this in abou~ 50 minutes so far, but your Town Board started to work this morning at 8:30. We have been here working on this ever since. We move fast at night, but it is an all-day affair to get To this speed. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that zhe Town Board Of the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, SouthoId, New York, on the 10th day of May, 1983, at 3:00 P.M., az which t~me and place all inte--~-~-~te-~--p-~-~so-~-wi~e ~iv--~-~-a~portunity to be heard upon the following matter: 'A Local Law in Relation to the Mobring and Anchoring of Boats", which reads as follows: LOCAL LAW NO. , 1983 A Local Law in Relation to the Mooring and Anchoring of Boats BE IT ENACTED by the Town Board of the Town of Southold as Follows: Article III of Chapter 32 of. the Southold Town Code is hereby amen~led as foilows: thereto: follows: I. Section 32-31 (Definitions) is amended by adding the following terms PERMANENT MOORING - the securing of a boat in a harbor on a seasonal or annual basis by means of the placing of a fixed mushroom anchor in the harbor bottom. TEMPORARY ANCHORING - the securing Of a boat in a harbor on a temporary basis by means of an anchor carried aboard the boat. II. t~y adding a new Section to said Article to be Section 32-39 to read as § 32- 39 - Mooring and Anchoring No boat shall be so moered or anchored that it at any time rests within any channel, or interferes with the full use of such channel, nor shall any boat be moored or anchored within fifty (50') feet of any dock, pier or other boat docking facilities. §32-39A - Anchoring in Mattituck Creek All boats owned by non-residents of the Town of Southo~d temporarily anchoring in Mattituck Creek shall anchor 0nly in the Federal anchorage area located near the head of said creek. The Town'Board of Trustees shall cause said anchorage area to be suitably designated by appropriate buoys or markers, and shall also cause suitable signs to be placed at appropriate locations in said creek to direct boaters to such anchorage area. ~32-39B - Anchoring and Mooring in West Harbor 1. All boats temporarily anchoring in West Harbor at Fishers Island shall anchor north of Goose Island. APRIL 5, 1983 4¸5 29. Permanent M~or'in~ ~V~S~ Harbor. (a) All permanent moorings shall be located south of buoy N" 10". (b) No permane'nt mooring shall be pla~ed unless authorized by a permit duly issued by a-Bay Constable or deputy or assistant Bay Constable. (c) The follow_lng fees shall be paid upon the issuance of a mooring permit, td w-it: Size of Boat Permit Fee up to 25 ft. 26 ft. to 35 ft. over 35 ft. All non-residents $10.00 $25.00 $50.00 $50.00 III. This Local Law shalltake effectimmedi~ely. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Townsend, seconded by Councilman Nickles, 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 the 10th day of May, 1983, au 3:05 P.M., at whic~ time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law in RelaTion To the Taking of Shellfish by Guests", which reads as follows: LOCAL LAW NO. -1983 A Local Law in Relation to the Taking of Shellfish by Guests. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Subdi~i~on D'ofSection 77-20~ of Article ~ ~ the She~sh Law ofthe Tov~nofSouthotd is hereby amendedto read as follows: Shellfish may be taken from town waters for non-commercial purposes without- obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, .provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this articIe, the quantity of shellfish taken by a guest or guests sh~ll be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this Article for such permanent resident. §2. This Local Law shatltake effectimmedi~ely. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This r~olution was declared duly ADOPTED. 30. Moved by Councilman Murphy, seconded by Justice Edwards, it was (a)'RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized to travel to Washington, D.C., at Town expense, on May 17th and 18th, 1983 to attend a "Local Government Conference" sponsored by Senator Alphonse D'Amato. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 30. (b) Mo~ed by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVEU that Supervisor William R. Pell, III be and he hereby is authorized To travel to Albany, New York, at Town expense, to attend the public hearings To be held by the New York State Commis- sion on Cable Television in relation to Southold Town's cable tele- vision franchise with Long Island Cablevision Corp. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. APRIL ~, 1983 31. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that there is hereby created, in the Town of Southold, a new position of Sanitation HelpeK, and the salary of such position shall be $9,000.00 for a newly emplQyed person. Notwithstanding the foregoing, persons who may be transferred from one positio~ in the Town to this position, shall receive the salary that they received in their prior position. This resolution shall become effective March 22, 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was dec%ared.'duly ADOPTED. 32. Moved by Councilman Nickles, seconded by Councilman Townsend, WHEREAS, a proposed Local Law No. 2 - 1983 was introduced at a meeting of this Board held on the 8th day of March, 1983, and WHEREAS, a public hearing was held thereon by the Board on the 5th day of April, 1983, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local Law No. 3 - 1983 be enacted as follows: LOCAL LAW NO. 3 - 1983 A Local Law to Amend the Southold Town Vehicle and Traffic Code in relation to Parking of Vehicles. BE IT ENACTED by the Town Board of the Town of SoutholdaS follows: I. Section 92-41 of the Code of the Town of Southold (ParKing prohibited az all times) is amended by adding the following thereto: Name of Street New Suffolk Road New Suffolk Road Side East West Location At Cutchogue, from the southerly curbline of Route 25 southerly for a distance of 400 feet. At Cutchogue, from the southerly curbline of Route 25 southerly for a distance of 385 feet. II. Section 92-42 of the Code of the Town of Southold (Parking prohibited during certain hours) is amended by adding the following thereto: Name of Street Side Between the Hours of Location Pequash Avenue Both 10:00 P.M. and 7:00 A.M. In Cutchogue from the guard rail at the south- erly terminus northerly for a distance of 210 feet. East Road Both 10:00 P.M. and 7:00 A.M. In Cutchogue from the guard rail at the easterly terminus we§teriy for a distance of 200 feet. III. This Local Law shall rake effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 33. Moved by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold, after a caref!ui study of The Countywide Assessing proposal, is greatly concerned with the loss of local jurisdiction, services that are presently available to our taxpayers, and with the under-estimated projected cosE analysis which could be far greater than presently anticipated, now, ~herefOre, be it RESOLVED ~hat the Town Board of the Town of Southold objects to changing the structure of assessing as a Town responsibility, and hereby goes on record as opposing Countywide Assessing. Vote of ~he Town Board: Ayes: Justice Edwards, Councilman Townsend, CouAcilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. APRIL 5, 1983 4¸7 SUPERVISOR PELL: AnyCounc~~e~anythlng to bring up which I omitted? (No response.) Who would like to address the Board? NANCY SAWASTYNOWICZ, Cutchogue, New York~ I'm here to submit a petition against the zoning change in Cutchogue from Residential and Agricultural to--- RICHARD J. CRON, Attorney, Cutchogue, New York: Opposed, your honor, Board--. This matter went to a public hearing on February 1. That hearing was closed by this Board,a~ which time no further testimony can be taken either written or oral. The Board has before it all of the documentary evidence and all of the oral testimony that was given that evening. The Supervisor closed that hearing at that time and: no further receipt of any testimony should be now taken by ~his Board. Everybody had been given an ample opportunity. This Board gave generoUsly of its time and of its effort. I object strongly to any statements or receipt of any written proof this evening or at any other time. SUPERVISOR PELL: Unless there is a resolution by this Board I will entertain,at this time,anybody who wishes to address this. Town Board on any subject. Does this Board have a resolution? TOWN ATTORNEY TASKER: Mr. Supervisor, I think that this is in error. I think that Mr. Cron is correc~ and we have followed that procedure. When a hearing is closed, it's closed and no more further evidence is presented. SUPERVISOR PELL~ Counsel, I will still say, unless I have a resolution from this Board,anybody can address this Board. Gentlemen, do I have a resolution not to let this mat~er be discussed? COUNCILMAN NICKLES: I'd like a two minute recess to discuss this in Executive Session with the Town Attorney. SUPERVISOR PELL: Let's go. COUNCILMAN NICKLES: That's a motion, will somebody second it? MR. FRANK BEAR, Southold, New York: I 'don't think that that is an Executive Sessi'on matter. COUNCILMAN NICKLES: If it involves possible litigation, .it ~ould well be, and if the Town Attorney is advising us against accepting evidence after a hearing has been closed, and we accept that, I as one Town Board member, would like to know whether I'm incurring possible litigation on any further judgments that the Town Board may make relative to this application, and I think, in all fairness to the Town Board members, and begging your indulgences, I would think a couple of minutes to consult with attorney would not be uncalled for and certainly be in the spirit of good government. MR. BEAR: I think, as a citizen and a ~axpayer of this Town, I would like to hear the same discussion. SUPERVISOR PELL: I'm going to rule tha~ we will have a recess for Executive Session. This could result in litigation, yes. A recess will be~ called for two minutes. Moved by Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that a recess be called for two minutes, at this time, 8:40 P.M., for the purpose of holding an Executive Session of the Southold Town Board. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman. Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. EXECUTIVE SESSION The Town Board discussed with Town Attorney Tasker the implications of accepting evidence, either written or oral, after a public hearing has been held and closed. Town Attorney Tasker advised the Board that accepting further evidence after the close of the hearing may subject the Town Board to ~uture litigation. APRIL 5, 1983 Town Board meeting reconvened a~ 8:52 P.M. SUPERVISOR PELL: It is the decision of the Town Board--a majority of the Town Board--is ~o deny further remarks on this subject. A public hearing was held, testimony was given. At that rime'everybody had ample time to presen~ ~heir side to it. There is sentiment up here among the Board that this is an unpopular decision of the Board, but the majority of the Board feels that we must deny you the request to speak on this subject; a hearing was held. Any Councilman have anything they wish to 'add? COUNCILMAN NICKLES: I'd just say, briefly, that such a hearing that was held back on February 1st is a quasi judicial type hearingl ~nd there was public notice given and there was a time leading up ~o that for petitions and/or letters,or public s~atements,or statements ~o be read at that hearing and once that hearing is closed neither the applicant or no one else can submit further documentation or information and I can speak, I think, for all the Board, as elected officials when we come ~o this p.ar~ of the meeting we're always anxious to hear what the public has to say. But in this instance we have ~o take the position that it would be improper and wo~ld be just not in the type of judicial setting that a public hea~ing is held and I don't think I have any further comments on this. SUPERVISOR PELL: Anybody else wish to address the Town Board ~on any other subject? MR. JOE SMALLEY, Cutchogue, New York: It seems strange to me~ is this the first time something like this has ever occurred at these meetings? SUPERVISOR PELL: It is the first time that we can recall, and we did discuss this, to have--after a formal hearing was held, tm have additional evidence come into the Board. We have had information meetings held, plenty of them,--information--but not official public hearing. MR. SMALLEY: Well, it seems strange To me why people like ourselves even Come ~o these meetings, if these resolutions are all goin,g to be determined by the council and yourself, what is the purpose of our coming here at all? You could just and and put it on T.V.i~ There is no necessity for any of us to be here tonight for any of these resolutions. MR. BRENDON PALMER: I would like to know when these things are published and in wha~ publications so that we might get a better prior notice of these things. Everything seems to be fiat accompli by the time it gets back to us. We come here with a protest and we're denied the protest. It's legal, I understand your position. I understand it very well, but it seems to me we come here after we hear a rumor that something is going to happen in the Town and and we come here to voice our opinions, pro or con, and we're denied it. When are these notices pu~ out? SUPERVISOR PELL: They are published in the Mattituck Watchman and The Suffolk Weekly Times. Tonight in the agenda--tonight we did advertis~ To publish public hearings, five different public hearings will be published in the paper on Thursday. TOWN CLERK TERRY: At least ten days prior to any hearing. SUPERVISOR PELL: They are published in both The Suffolk Times and Mattituck Watchman, as this one was. They are on the bulletin board also, right out here in Town Hall. MR. PALMER: So they're published, other than the bulletin board] SUPERVIOSR PELL: Yes, they're published in both papers. else wish to address the Town Board? Welcome back, Sam. Markel. Anybody Mr~ Sam MR. SAM MARKEL, Southold, New York: I want to complimenr the Board on the way they conduct a meeting, it is very good, and I hope they have a little open ears tonight to Sam, because I've been down a~ Kenneys Beach since I gom back and we have another disaster situation APRIL 5, 1983 which Jehn so ably took care O~:.~as!;year, but at the time we discussed it and it was supposed t~'be a temporary measure with some solid repair this year to stop the temporary work that we had done in the past several years. I was just wondering,John, tr.'you've had a chance to look it over and make a decision on a possible groin to the east side of Kenney~Beach? COUNCILMAN NICKLES: Sam, I don't know if it was before you went to Florida or after, but we had an engineer, one Rudy Kammerer, who is now retired from Suffolk County, who came out and inspected the Gold~nith'sInlet area and theKenne~.'~Beach area and he came back and met with the Town Board and gave his recommendations and what his recommendation was was to take some of the sand that's been building up on the west side'of the Gold~nith'sInlet jetty and, of course, this was hopefully to be done during the course of the winter when Mr. Dean's people as he thought were not too busy, they could take a little bit off at a time and stockpile it and then bring it down to Ken~".~ Beach. However, that did not occur because the man- power and the ty~e of equipment that Mr. Dean felt was required was no~ available and if anybody e~se has a better recollection of this than I do, jump in. I think we had a problem with the State D.E.C. It would appear that when Goldsmith's Inlet is dredged again we're going to try and take another shet at it, much as we did last year. It's still a temporary situation, Mr. Kammerer did not recommend any kind o£ hard solution as you would cal~ it, which would be a groin or a jetty .... mn the v~c~nlty of Kenney's Beach. One, because I think of the attendant problem it would cause down stream, causing further erosion, and two, becaUse of the cost that we certainly aren't prepared to undertake I think this year. So again, Sam, it won't be to your satisfaction, but the Town will do its utmost so that the beach will be at least as usable as it was last year, but we still haven't come to a firm conclusion and I'm sure this is not going to make everybody happy, but that's about where we are. MR. MARKEL: I'd like to just let you know that Mr. Rudy Kammerer was in the county government at the time of the jetty, when it was put in about twenty years ago down at Goldsmith's Inlet. I happen to know Mr. Rudy Kammerer, he's a very efficient gentleman, and I might add that at the time of that jetty being put in it was done very efficiently and with the blessings of Mr. Kammerer. It~ doesn't surprise me at all that he doesn't advise of another jetty to the east of Kenney's Beach, because it'll do the same damn thing that we did at Goldsmith's Inlet. That's for sure. But once you start, you have to continue, you have a natural barrier at Horton's Point. And it will affect property from Kenney's Beach to Horton's Point. They'll have to do what we all did to the west of Kenney's Beach, and that was put in groins. Unfortunately we didn't put in enough of them, because we had a.tremendous wash-ou~ this year, especially on two pieces of property and one happens to be mine and I am going to apply to put a groin in and I believe Sergio next door to me is going to apply too, because we were the two affected this year. This is in addition to the expense tha~ we had many years ago of putting in all the rest of the groins, plus other work that we carried on for very very many years with bulldozers and fill and everything else. So, I say that as far as our neighbors between Kenney's Beach and Horton's Point is concerned that they would probably have to paddle their own canoe. If the Town would definitely keep a very needed beach in operation, for not only its year around residents, but for its summer residents where we derive a tremendous amount of our income in this Town. I would say the greatest industry our Town has, with the possible exception of fishing, is tourists. Now, you know I just returned from Florida. Well, when I got there in December there was a half page ad in the newspapers, placed by the Sta~e of Florida, but Governor Graham, and it said to the people of Florida, take care of our visitors, they pour eight hundred million dollars into our area and that's why we can have low taxes and other services down here at very reasonable rates. I say ~o the Board, take advice from our southern friends, take care of our tourists and our summer residents who pay a lot of the bills around here. Thank you, Sam. APRIL 5,. 1983 COUNCILMAN MURPHY~ Bill, I'd like to make one comment. Sam, unfortunately Kenney's Beach is not the only beach that is in trouble this year. In Southold Town practically every beach has been devastated on the Sound and on the Bay and on the south shore most of the people have lost fortunes on it. There was a terrih!e winter and most particular on the Bay this year. We probably had as much or more damage on The Bay than on the Sound, but that ~Qesn't help anybody. We'll do all we can MR. MARKEL~ I appreciate that. SUPERVISOR PELL~ Anybody else wish to address The Board? I£~ not, the motion to adjourn is in order. ~ Moved by Supervisor Pell, seconded by Justice Edwards, it was RESOLVED that this Town Board meeting be adjourned at 9:05 P.M. Vete of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Southold Town Clerk