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HomeMy WebLinkAboutTB-01/05/198211 SOUTHOLD TOWN BOARD REGULAR MEETING JANUARY 5, 1982 WORK SESSION The Town Board reviewed the agenda afternoon work session. items during the morning and A Regular meeting of the Southold Town Board was held on Tuesday, January 5, 1982 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. Town Clerk Judith T. Terry Town Attorney Robert W. Tasker On motion of Supervisor Pell, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby approved for payment: General Fund Whole Town bills in the amount $12,002.40; General Fund Part Town bills in the amount of $2,307.51; Fishers Island Ferry District bills in the amount of $27,329.05; Delinquency Diversion and Prevention Program bills in the amount of $247.75. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the minutes of the December 22, 1981 and December 29, 1981 meetings of the Southold Town Board be and hereby are approved as submitted. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, January 19~ 1982 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. I. REPORTS SUPERVISOR PELL: Clerk's Office. Clerk's Office. The reports will be placed on file in the Town Anybody wishing to read them can do so at the Town 12 JANUARY 5, 1982 Regular Meeting 1.(a).Town Clerk's monthly report (December 1981). 2.(b).Town Clerk's annua~l report for the year 1981. 3. Planning Board's annual report for 1981. 4. Long Island Cablevision's monthly report (November 1981). 5. At this time I will ask the Councilmen if they wish to make any reports. Councilman Townsend? COUNCILMAN TOWNSEND: Yes, I would. It's not really a report, just a comment on how happy I am to be here. I'm looking forward to the next four years. I've been monitoring the meetings for the last couple of months and it has been both educational and entertaining. The debates have been lively, especially today and in general I've been very pleased with how the Town is running and I think everybody has contributed a lot. I think in the immediate future we have a lot of things that are being addressed and one thing I would like to see be addressed in the very near future that there has been some comment on and that's the Master Plan. It hasn't appeared on the agenda but I know that Henry Raynor has been very concerned that we've got to have an update and we had a report from Assessor Moisa the other day pointing out the great number of parcels that have been turned over which is indicative of the amount of activity and I think we're about to see the wave crest and break that has been coming down the Island for the last twenty years. It has happened to our neighbors on the South Fork and I think it's about to happen here and I think unless we review our Master'Plan and our zoning at this time we could be left out in the cold or caught in an unpleasant situation. We have priorities regarding open land and farmland and we should review our zoning to make sure that those priorities are considered and that we have the most efficient and orderly development. 'That's basically all I have to say. SUPERVISOR PELL: Thank you. Councilman Murdock? COUNCILMAN MURDOCK: Nothing at this time. Thank you, Bill.' SUPERVISOR PELL: Councilman Nickles? COUNCILMAN NICKLES: Nothing. SUPERVISOR PELL: Councilman Murphy? COUNCILMAN MURPHY: Nothing, except we're glad to have Joe. SUPERVISOR PELL: Judge Edwards? JUSTICE EDWARDS: It's just a pleasure to be here as Joe said and I hope that the next couple of years I can build a better communica- tions bridge between Southold and Fishers Island. SUPERVISOR PELL: Thank you, gentlemen. The Supervisor has no report at this time except to say that we're into a new year with many things to do. II. PUBLIC NOTICES: SUPERVISOR PELL: 1. Notifying us that a public hearing will be held (by the N.Y.S. Dept. of Environmental Conservation) in Town Hall at 9:30 A.M., Wednesday, January 13, 1982 on the application of Cleaves Point Property Owners Association. to construct 130 feet of bulkhead and backfill. 2. N.Y.S. Department of Environmental Conservation Notice of Complete Application by William LaMorte to maintenance dredge and backfill in Jockey Creek. Written comments by January 20th. 3. N.Y.S. Department of Environmental Conservation Notice of Complete Application by Suffolk County Department of Public Works to remove existing Long Island Railroad dock and construct new dock in the Village of Greenport. Written comments by January 27th. 4. A Press Conference relative to announcement of the intro- duction of the "bottle bill" for the 1982 legislative session, to be held January 14th in City Hall in New York, ll:00 A.M. Ail notices are on file in the Town Clerk's Office. Anybody wishing to review them in detail can do so. III. COMMUNICATIONS: SUPERVISOR PELL: 1. From a resident (Gerald P. McGinty) saying how unhappy they are with the service they get from Cablevision. The Town Board will contact New York State Cable Commission and JANUARY 5, 1982 - Regular Meeting ask them to come down here and review some of the many complaints that we are receiving on the service of Cablevision. We read in press some of our residents in Mattituck have decided to take them to court so Cablevision is not to apropos at this time in certain areas of Town. 2. A letter from the Chief Public Health Engineer~ Suffolk County Aldo Andreoli telling us that a committee will be formed to work on the pure water of the North Fork, Riverhead and Southold Townships and the Southold Town Board will ask to appoint three members to serve on the committee. 3. Letter from Shirley Bachrach, President, League of Women Voters of Riverhead-Southold which appeared in the local press giving the Board their thoughts in some ideas of what we are doing about the different water studies and landfill problems in the Town which I will respond to. 4. From the Cutchogue Free Library saying in the 1983 HUD Funds would we consider appropriating funds to help them remove the handicapped barriers. The Cutchogue Library just bought the old Justice Court and in fact today I just got word that the Mattituck Library was finally finished and they are all set to go and I haven't gotten word on Southold Library yet. The 1980 HUD funds did do it in 1981 for the Southold and Mattituck Libraries. 5. From a resident regarding the lack of Cablevision in his area. Again, I will contact Cablevision about that to see when they expect to expand more areas in Southold Town. 6. A letter from A. Marshall Irving, Administrative Law Judge of the N.Y.S. Dept. of Environmental Conservation who held a hearing here for Energy Development Corp. on the Southold Land- fill. Basically he says he has extended the date from January 4th to January 18th for comments and replies if anybody cares to write in to him. IV. HEARINGS SUPERVISOR PELL: We have a hearing at 8:00 P.M. on the application of Stephen Shilowitz for a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property in the Town of Southold at Greenport, New York. It is only 7:45 P.M. so we will move on to Resolutions. V. RESOLUTIONS On motion of Councilman Murphy, seconded by Councilman Nickles, 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 Matt-A-Marr Marina for a wetland permit on certain property located at Mattituck Creek, off west side of Wickham Avenue, Mattituck, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 13 On motion of Councilman Nickles, seconded by Councilman Murdock, WHEREAS, the State of New York has reduced Suffolk County's share of the fees from the Department of Motor Vehicles, and WHEREAS, the County of Suffolk has provided funding to keep the Suffolk County run State' Department of Motor Vehicle Offices in Suffolk open until March 31, 1982 to allow Governor Carey and the State Legislature sufficient time to rectify the unfair schedule of sharing Department of Motor Vehicle fees with the County in the State's next budget, which begins on April 1, 1982, now, therefore, be it RESOLVED that the Town Board of the Town of Southold urge Governor Carey, Senator LaValle and Assemblyman Behan to correct the inequities in the New York State Budget and provide Suffolk County with its fair share of Department of Mot~or Vehicle Fees for running Department of Motor Vehicle operations in Bay Shore, Medford, Riverhead, and East Northport beyond March 31, 1982. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 14 JANUARY 5, 1982 - Regular Meeting 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 Enconsultants, Inc. on behalf of William LaMorte for a wetland permit to maintenance dredge and place resultant fill behind proposed upland retaining wall to be constructed on southerly part of parcel off North Bayview Road, on Jockey Creek and Southold Bay, Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Nickles, WHEREAS, M. S. Levison applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 21, 1981, and WHEREAS, said application was referred to the Southold Town Trustees and Southold 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 December 1981, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that M. S. Levison be and hereby is granted per.mission under the provisions of the Wetland Ordinance of the Tow~ of Southold for the construction of bulkhead, float, ramp and platform at his property on private canal off Southold Bay at Albacore Drive, Southold Shores, Southo~d, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor. Pell. This resolution was declared duly ADOPTED. On motion of Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold grant James Fogarty, Communication Officer, his third salary increment in the amount of $500.00 effective December l, 1981. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Townsend, seconded by Councilman Nurdock, it wag RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Enconsultants, Inc. on behalf of Walter Silbernagel for a wetland permit on certain property located at Broadwaters Road, on Broadwaters Cove, Nassau Point, Cutchogue, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Enconsultants, Inc. on behalf of Strong's Marine Center for a wetland permit on certain property located south of Camp Mineola Road, on James Creek, Mattituck, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. JANUARY 5, 1982 - Regular Meeting 15 o On motion of Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby auth- orizes Supervisor William R. Pell, III to enter into a maintenance agreement between Pitney Bowes and the Town of Southotd for the period February 1, 1982 through January 31, 1983 for the Mailing Machine, at a cost of $263.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pelt. This resolution was declared duly ADOPTED. 11. On motion of Councilman Nickles, seconded by Councilman Murdock, it RESOLVED that the Town Board of the Town of Southold accept the bid of Goldsmith & Tuthill, Inc. for supplying the Town of Southold with heating fuel oil (No. 2 fuel oil) for the buildings of the Town for fiscal year 1982 at: Lowest rack price, Gulf Oil Corp- oration, Setauket, New York, within five days of each delivery, plus $.054 (five cents and four mills), plus $.0175 for Gulf's freight charge. Vote of the Town Board: Ayes: Justice Edwards, Councilman'Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Resolution No. 10 we are not ready to move on. We have a little problem with that one. (Dedication of Country Club Drive, drainage easement and drainage area.) On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold appoint Councilman Francis J. Murphy, Frank Cichanowicz and Franklin Bear was 12. as Southold Town's representatives on the Steering Committee for the North Fork Water Plan Study, as funded by the County of Suffolk, and be it further RESOLVED that Councilman Murphy be and he hereby is designated Southold Town's voting member on this Committee. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the application of Bauer Farms, Inc., Skunk Lane, P.O. Box l18A, Cutchogue, New York, dated January 5, 1982, for permission to locate a single trailer on their property located off right-of- way off south side of North Road (CR48), Peconic, 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 Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Any comments? COUNCIL~N MURDOCK: I would like to make a comment, particularly since Mr. Bauer is here. We had this proposition put to us very quickly and we sympathize with Mr. Bauer and I would like it made known that some of us on the Board had considered that we would pass it now with the understanding that if objections do come in the future that renewal may not be granted because the public will have had more time for input, which is not possible at this time. SUPERVISOR PELL: It is now 8:00 o'clock and we have a public hearing to conduct. At this time I will ask the Board is there any ether resolutions they would like to discuss at this time or we will recess and go into the public hearing. COUNCILklAN NICKLES: I would suggest that we recess for the public hearing and then go back into the Town Board meeting after that. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing in the matter of the application of Stephen Shilowitz for a change of zone. Vote of the Town Board: Ayes: Justice Edwards. Councilman Townsend, 16 JANUARY 5, 1982 - Regular Meeting 13. Councilman Murphy, Councilman Murdock, Councilman Nickles, Pell. This resolution was declared duly ADOPTED. Superviso~ Meeting reconvened at 8:35 P.M. SUPERVISOR PELL: Frank Bear. Does anyone else wish to address the Board? Mr. FRANK BEAR: I would like to thank the Board for their approval of ~y appointment to the Water Plan Study. I appreciate the opportunit, to work for the Town. COUNCILMAN NICKLES: I called Frank Cichanowicz tonight to tell him that the Board appointed him but he has gone away for two days so he will miss the meeting tomorrow. SUPERVISOR PELL: Anybody else wish to address the Board? COUNCILMAN TOWNSEND: I would like to make a motion. One of the subjects of extended debate today is litigation that is going on between the Town of Southold and Presbyterian Church of Mattituck regarding property they own. It seems that several of our--our Board of Assessment and Assessors determined that the property should be--was taxable property and has not been on the tax rolls for some time, but in the process of putting various properties of this nature back on the tax rolls they sent out a tax bill, whereupon we were taken to court in Riverhead before Justice Cromarty and lost. We've been advised by our Special Counsel Cron that he feels we have a very strong case and that we may be setting a bad precedent if we do not appeal the decision. Therefore, while it do it with mixed feelings, because I know it presents a hardship to the North Fork Theatre group that is presently leasing the property from the Church, I feel that in fairness to all taxpayers this sort of thing has to be pursued. I think we would be neglegent in our duties if we did not. On motion of Councilman Townsend, seconded by Justice ECwards, it w~ RESOLVED that Special Counsel Cron be directed to file notice of appeal before the appropriate court in the matter of the application of Mattituck Presbyterian,Church v. The Board of Assessors of the Town of Southold. COUNCILMAN NICKLES: Do you mean to file a notice of appeal which has nine months for the appeal to be perfected. It is your intention that after this notice is filed that the special counsel pursue this with due diligence, or are we just authorizing him to file the notice of appeal? COUNCILMAN TOWNSEND: In the discussion we were talking about the possibility that since the Board in general is sympathetic with the plight of the theatre group and is cognizant of the fact they do perform a service, what we were trying to do is to allow them time to get a legitimate, what we feel is a legitimate exemption and there are several paths that are open to them. What I would like to do now is just file so we don't lose our opportunity. COUNCILMAN NICKLES: Your resolution then is to merely authorize the filing of the notice of appeal? COUNCILMJkN TOWNSEND: That's right COUNCILMAN NICKLES: Nothing beyond that? COUNCILMAN TOWNSEND: We are not authorizing any more expenditure in terms of that at this time. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Nickles. No: Councilman Murphy, Councilman Murdock, Supervisor Pell. This resolution was declared LOST. SUPERVISOR PELL: We have one more resolution that we would like introduce tonight. A gentleman that I never knew at the time, but JANUARY 5, 1982 Regular Meeting 17 14. I did get to meet him later on in life, but he served on the Town Board from 1951 until 1972 from Fishers Island. On December 20th of 1981 he passed away and the Board was just informed today of it. That is former Town Justice E. Perry Edwards. Moved by Justice Edwards, seconded by Councilman Murdock, WHEREAS, this Board has learned with deep sorrow of the death of E. PERRY EDWARDS, former Town Justice of the Town of Southold, and WHEREAS, in his service to the people of the Town of Southold as Town Justice from June 16, 1951 through December 31, 1972, Mr. Edwards distinguished himself as a dedicated and conscientious public servant, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby gives formal expression of its loss in the death of former Town Justice E. PERRY EDWARDS, a man esteemed by his associates and respected by all, and be it further RESOLVED that when the Town Board adjourns this day, it does so out of respect to the memory of E. PERRY EDWARDS, 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 E. Perry Edwards that we may extend to them our sincere sympathy. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Murdock, seconded by Councilman Townsend, it wa RESOLVED that there being no further business to come before this Town Board meeting adjournmen% be called at 8:50 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Judith T. Terry Town Clerk