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HomeMy WebLinkAboutTB-04/19 & 04/20/1982105 SOUTHOLD TOWN BOARD APRIL 19, 1982 & April 20, 1982 ~=ORK SESSION - April 19, 1982 3:00 P.M. - The Board met with Sybil Mizzi and Pa~t Fink of Pan Tech 'Management Corp. to discuss the allocat'ion of the $243,200.00 in Federal Community Development Block Grant Fu'n'd~ which the Board expects to receive in July. After considerable discussion and recommendations by each member of the Board, final allocation figures were arrived at and the result appears in Resolution No. 1 at the regular meeting on April 20th.---Mrs. Mizzi and Mr. Fink will return in two weeks to discuss the rehabilitation project at 7th, 8th 9th Streets, Greenport. ' ~:-.~ :.. -~ M~c ~ ~'~~l ~f~fo~ ~ Office for the Aging, 't a Ke n t Program, and ~es'si'e' ~SWann, CAST met with the Town Board to discuss the Home A'id PrOgram presently unde? the fiscal control of the Economic Opportunity Council, and administered by CAST. EOC cannot afford to continue the program and CASTi cannot handle the fiscal control. EOC would like the program continuedl and would like the Town ~o administer it through the Nutrition Program. Under this program CAST has five people who ser~e 70 people in the Town by cleaning their homes, cooking and providing other home services. The Town is asked to provide 5% of the program in in-kind services (account clerk, office space, etc.) which can be those services provided at the Nu'tr~tion Center. Supervisor Pell and Councilman Townsend will look i~to the insurance costs. Superviso~ Pell, Town Attorney Tasker and Mrs. ~cgeighan will meet to discuss the proposal and report at the next meeting. 5:15 ~[ - Vincen~ Wieczorek of the Southold Town Fire Chiefs Council appeared before the Board to discuss the Council's request for funds to charter a bus to New York City Fire Department. The Council does no~ have funds allocated to them from the fire distri~s, their only funds come from dues paid by the members. The Council made this same request in 1978 and did not take the trip. The Board agree to place.a resolution on the April 20th agenda (Resolution No. 4) approving funds to char~er a bus. On motion of Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that this Town Board Work Session'be recessed for an Executive .~ession at this time, 5:30 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock Councilman Nickles, Supervisor PeI1. ' This resolution was declared duly ADOPTED. EXECUTIVE SESSION 5:30 P.M. - Special Attorney Richard J. Cron met with the Board to discuss pending tax ~.ertiorari cases. .~ On motion of Councilman Murdock, seconded by Supervisor Petl, it was RESOLVED that this Exec. Session be recessed until 9:00 A.M., Tuesday, April 20, 1982, Southold Town Hall, Main Road, Southotd, New York. Vo~e of the Town Board: Ayes: Justic~ Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 106 APRIL 20, 1982 EXECUTI-VE SESSION - April 20, 1982 9:00 A.M. - The Board discussed the proposed Southold Town Police Deparzmenz promotions to Lieutenant and Sergeant. Chief Winter~ was presenz. Discussed proposed acquisition of property. Executive Session adjourned at 10:00 A.M. WORK SESSION 10:00 A.M. - Members of the New York State' Disa'ster' Preparedness Commission met with the Town Board: Bruce McQueen, Executive Director, gerry Herren, N.Y.S. Office of Disaster Preparedness, Joe Po'10ni, 5tare ~outhern District at Poughkeepsie, Burkley Bennett, Suffolk County Office of Emergency Preparedness. Mr. McQueen explained the !unction of the Disaster Preparedness Commission which will as~-ist the Town in setting up a disaster plan. The Commission Will pJy their o~m costs and the only cost to the Town would be that of a person a~signed to work on the project, and the cost of printing the plan. I~ was made clear to the Town that they are not propos%!ngto set up a nuclear disaster plan. This is a plan for solety'nat~urat and man-made disaster. They would involve highway, police and' fire departments in the overall plan. The Town Board is agreeable ~o the preparation of such a plan and will assume the cost of a Town employee to assistthe Commission, and ~ell as printing cO:Sts'of the plan. 10:30 A.M. - Chief Winters met wi~h the Board to discuss t'he p~Lrchase of a generator for Police Headquarters. Money has been provide~ in the 1982 budget for this purchase. 10:35 A.M. - Councilman Townsend diseBssed the proposedi~8~'.L~ for a Landmark Preservation Commission, and Godfrey of the orient Historical society who had re~leWed~h~ ~oposed Local Law for Councilman Townsend. (-Resolution No. 15 on 10:45 A.M. - The Board began reviewing the agenda. 12:10 P.M. - Recess for lunch. 1:35 P.M. -~Resumed reviewing agenda ahd off-agenda i~"ems. 2:45 P.M. - Howard Pachman, Esq. met with the Board to disc~s the application of Patr~cia Marco to renew her~trailer permit for an additional six months. Mr. Pachman stated that the Mar received Planning Board approval for set off and site ~ hired Garrett Strang to prepare plans for construction He assured the Board/that a six month extension from this would give the Marc~s time to construct their home and the' trailer would be removed. (Resolution No. 3 on the agenda.) REGULAR MEETING - 3:00 P.M. A Regular Meeting of the Southold Town Board was held'at 3:00 P.M., Tuesday, April 20~ 1982 at, the Southold Town Hall, Main R---~, Southold, New York. SuperviSor Pel~ opened the meeting with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman John J. Nicktes Councilman Lawrence Murdock, Jr. Councilman Francis J. MRrphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Superintendent of Highways Raymond C. Dean APRIL 20, 1982 107 On motion of Councilman Nickles, s~b~'ded by.Supervisor Pelt, it was RESOLVED that the minutes of the Regular and Special Meetings of the Southold Town Board held on April 6 and 7, 1982 be and hereby are approved. 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 Councilman Murdock, seconded by Councilman Murphy, it was RESOLVED that the next Regular Meeting of the Sou~hold Town Board will be held at 7:30 P.M., Tuesday, May 4, 1982 at the Southold Town Hall, Main Road, Southold, New York. Vote of the To~m Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. I. REPORTS SUPERVISOR PEIJ,: The following reports have been submitted to the Town Board and they are placed on file in the Town Clerk's Office is anybody cares to review them. 1. Town Trustees report for the month of March 1982. 2. North Fork Animal League March 1982 report. 3.a. Justice Tedeschi's report for March 1982. 3.b. Justice Edwards' report for Mar6h 1982. 4. Board of Assessor's monthly report - March 1982. 5. Councilmen's reports - Councilman Murdock? COD~CIL~N MURDOCK: Whether the people of the Town realize it or not we have been counting cars up at the Disposal Area. We had our first weekly total of this project where we're trying ~o assess how much municipal solid waste is coming in and-things are-going along well. Thank you. SUPERVISOR PELL: Councilman Nickles? (Nothing) Councilman Murphy? (Nothing) Justice Edwards? (Nothing). I have three or four things I would like to bring up and report so they will be part of the minutes. A group of Southold Town residents, two plus myself, did meet with the Long I/sland Railroad in Jamaica and the pDople from Southold Town told them what they would like to see done and the gentleman we met with was very receptive, at least he listened to us. We came home with no promises but a meeting was held and they will get back to us. Assemblyman Behan chaired a meeting the other day that was called by Mr. Griffing from Shelter Island-on Peconic County to see if anything could be done on a state-wide referendum. The Town Board has purchased the land in Mattituck from Norris for a parking lot to be fixed up in Mattituck. We have one year to fix it up according to the right-of-ways that had to be changed. A week or so ago the Chief of Police and myself made a trip to Fishers Island to the Civic Association meeting. It was the third one I made since I have been sitting in this chair. They had 47 people out. It was the largest crowd that every was there and it was a very nice meeting. They received the Town very well and they appreciate the many things the Town has done over the last year there. They complimented Mr. 'Dean and his road gang on the highway snow removal this year. They said it has been the best it has been in many months and the past storm we had just a couple of weeks ago his forces were out and did a find job and they were very pleased with their highway men over there and the work. II. PUBLIC NOTICES COUNCIL~N MURPHY: There are eight public notices and rather than do it each time I would like to sta~e that all of them are on file with the Town Clerk and are posted on the Town Clerk's Bulletin Board. 1. New York State D.E.C. for application of Anthony E. Vallace by Enconsultants to construct a 60 ft. by 4 ft. catwalk a minimum of 3 ft. over grade, with a 12 ft. by 4 ft. hinged ramp and 20 ft. by 8 ft. float at the end. Dock is to be located on right of way approx- imately t10 ft. west of Nassau Point Road on Broadwaters Cove. Comments by April 28th to the D.E.C. 2. New York State D.E.C. application of Robert Diet, 41 Manta Court, Oakdale for Tidal Wetlands, Protection of Waters, Water Quality. To reinforce existing dock pilings with 3.7 cubic yards of concrete on the last 17 piles qn/dock (total 62.9 cubic yeards). Project site is 108 APRIl 20,-1982 located on Terry Lan'e, in Southold Bay. comments by Apri% 28th to New York D.E.C. 3. D.E.C. application of Vincent W. Annabel, Stitlwater Avenue in Cutchogue To subdivide a 2.2_+ acre parcel into two residential lots of 40,000 square feet and 57,000 square feet. Project site is on west shore of Eugene's Creek at east end of Midwood Road, Cutchogue. Comments by April 28th to D.E.C. 4. D.E.C. application by Charles P. Ziegler, Pt. Pleasant, Mattituck to subdivide a 133,300 square foot parcel into lots 47,500 and 85,800 square feet and in conformance with' the Tidal Wetlands Land Use Regulations minimum lot size requirements. The project is located on the west side o£ Mattituck Creek east of Home Pike' approximately 700 feet north of the intersection of Silkworth Road with Westphalia Road in Mattituck.--Comments by April 28th. 5. D.E.C. application by J.' D. Posi!lico,' Sr.,' ii0& BrOad Hollow Road, Farmingdale, Tidal Wetlands, Protection of Waters, Water Quality, to construct 40 ft. by 2 ft. timber groin perpendicular to existing rock rip-rap wall along westerly property !ine. Project site is located on the southeast side of Camp Mineola Road, Peconie B.ay, Mattituck. Comments by April 28th to the D.E..C. 6. Department of the Army, .Corps of .Engineers Public Notice on the application of Mr. Joseph'. Cavalier, Fort Lee, New Jersey for a dredging, riprap, walkway' and ramp permit at Mattituck_ C~eek. The applicant, Mr. Joseph Cavalier proposes to create a mooring for commercial vessels in Mattituck Creek, Town of Southold. The ~rea, as shown on the attached drawing, would be dredged by clamshell to a maximum depth of 7 feet below the plane of mean low water. Approx- imately 3,000 cubic yards of dredged material, which ~s ~% sand and 50% gravel, would be removed initially. The shoreline would be stabilized by placement of stone riprap and planting o£ Spartina alterniflora. The applicant states the proposed work is re-qui~ed mo create a commercial mooring facility for 2 or 3 commer¢.~al work boats. Comments by May 14, 1-982. 7. Public Notice, Department of is reviewing the application of ~Lr. St Island to-~obtain an Off-Bottom CUlture of g a Temporary Marine Area Use Assignment, which ment and maintenance .of up to 80 wooden trays waters of West Harbor, Fishers Island, Suffolk ( The subject application may be reviewed at the a which is Stephen A. Hendrickson, Department of En~ tion, Stony Brook, I~ilding #40. 8. Application to the D.E.C., Public Hearing notice of ~laniev Chase/Rodney T. Buckham by Enconsultants, Inc,~to subdiI~!e~ square foot lot into 28,000+_ square foot lOt with ~ist~?g~ h~.. ·~. and construct a single family dwelling and septic system o~.i!i~~ square foot lot. The hearing will be held on ~ay on il 21st, 1982 ~!~ A.- at the Southold Town Hall and documents are f~ e at Environmental Conservation office, Room. 213, Building Brook. SUPERVISOR PELL: Thank you very much. As Frank said, thes~ are on file at the Town Clerk's Office if anybody wishes to review them. III. CO~UNICATIONS SUPERVISOR PELL: These also are on file in my office and with the Town Clerk if anybody wishes to go into them in detail. 1. This pertains to the Port of Egypt. They want to put a barge in there to enlarge their restaurant and fish market. 2. Cedar Beach Park Association is looking for suppor~, in jetties. They also thank us for the work that has already been done in opening up the mouth of their creek. 3. Boy Scout Troop 477 asking that on Arbor Day they be given permission to plant four trees up. on the Recreation Center proPermy. Permission will be given them to plant the four trees and it will be under the direction of Mr. Dean, Commissioner of Public Works. 4. Letter from Assemblyman Behan saying that Suffolk County will; receive $3. mmlmmon dollars in aid out of which Southold Town will get $11,000 of it. This is unanticipated revenue. The Board has one question, why is Southold Town, out of $3.5 million dollars, only getting $11,000. We will go back, and ask for the formula ~hat used. 5. Copy of t~e new Fire Safety Standards for, Areas of Public As~Semb2y e~acted b~ the St~e ef. Ne~ York and how ~hey are'g~i~g to go into~effect.. As you know the governor signed it into law and it started April Ist, a new code for places o% public assembly, 50 people APRIL 20, 1982 -- ~ 109 6. Request from Fishers Island~ectric Corp. to be considered in any of the new lighting programs that we have going on in the Town in upgrading their lighting district over there. 7. We had people from the State and County here today to address the Board on their willingness to help the Town write emergency plans on any disasters that might affect the Town of Southotd. They will come out with their people who are well versed in these things and sit down with the Town, department heads and Town Board and try to come up with a plan. They are doing this throughout the sta~e. The cost to the Town Will be the cost of printing the booklet when it is done and the people's time involved, such as mine and Councilmen and department heads. The agency is the New York State Disaster Preparedness Commission. 8. Letter from William Terry commending the Board on acting and support their efforts in trying To get the clamming under some sort of regulations. The new permit system that was recommended to the Town Board by the To%~ Trustees. 9. Letter from Gregory Blass in reference to the centralization of the courts from Riverhead to Hauppauge. He asks our support. We .already have passed a resolution on this to keep them where they are. A copy of this resolution will be sent to him again, and 5o Dr. Koppelman where he requested it be sent. t0. Request from the Cutchogue Free Library to be considered in the Community Block Grant in 1982-83. We did consider them. IV. HEARINGS - There will be two hearings begilming at 3: 30. V. RESOLUTIONS SD~ERVISOR PELL: We have 39 resolutions. We will try to get through a few of them as we go along. Number 1 is the way the Board discussed they would like to s~ee the Community Block money spent for 82-83. The Town is to receive a total of $243,200.00. When the Councilmen reached this agreement, including myself, it was through give and take. We all had our projects we would like to see go forth with priority. It was not a nice meeting we had with this. We had rather heated words perhaps at times. I know Joe felt very strongly about CAST. I felt strongly about the oil tanks. Somebody else felt strongly about the drainage. Somebody else felt strongly about landfill. We put numbers back and forth, up and down and all six of us sitting up here had to make sacrifices. As in any way, the majority always yules. This is no exception. The way the money will be earmarked to be sent is set forth in the following resolution. Moved by Supervisor Pell, seconded by Councilman Murphy, WHEREAS, in July 198~ the Town of Southold expects to receive approximately $243~200.0~ in Federal Community Development Block Grant Funds, and WHEREAS, these funds may be used, and have previously been used for a variety or projects to be selected by local officials, and WHEREAS, the Town Board of the Town of Southold held a public hearing at 7:30 P.M., March 9, 1982 at the Southold Town Hall, at which time Town residents were invited to express their views on local needs to be met with these funds, now, therefore, be it RESOLVED that the following projects have been selected to be undertaken with the Federal Community Development Block Grant Funds: $75,000.00 - Housing rehabilitation - Seventh, Eighth, Ninth Streets, Greenport, and houses adjacent ~o Landfill Site, Cutchogue. $50,000.00 - Capping Landfill $10,000.00 - Cutchogue Library - handicapped access $50,000.00 - Mattituck Parking Lot - paving $10,000.00 - Fishers Island-blacktop basketball recreation area $10,000.00 - Fencing Drainage areas $ 5,000.00 - Reconstruction fund - North Fork Community Theatre $33,200.00 - Adminstrative Costs. SUPERVISOR PELL: As I s aid before there are some items on here that were crossed off as we went over them, such as the Mattituck oil tanks, such as CAST in Greenport, 'such as the Nutrition Program in Greenport and a few others. But as ~ said, the Board did spend a lot of time on this and I know we' are going to have a lot of unhappy people on this but it is the decision of the Board and this is the way it s~ands. Any discussion from any Board members? 110 APRIL 20, 1982 COL~CIL~N MURDOCK: I will, Bill. ! feel very strongly about the Ma%tituck Inlet position. I represented very heartily to the Board that they continue to set money aside. I feel that When the need is fullfilled and. when the need becomes present that money should be available. I still feel that if the situation today were as inflamatory as it was two years ago that any member of this Board would have'voted at this'time again to try and attempt to set money aside to rectify that situation. It is the old adage the squeeky wheel gets the grease. Because the gentleman involved was so uncaring he eventually put himself out of business and we haven't had gasoline or oil products leaking from those tanks so it's calmed down a little.__ That does not mean that the problem is finished or alleviated and I had recon~nended very/strongly that the Board continue t~ try and fund t'hat project. ~ like each of the members of the Board will vote for the total package but at this time ! feel that I should ask very strongly that next year's allocation of moneys the Board consider putting the additional money in that they withheld this year. That problem will not go away. Unfortunately the nature of the man that we're dealing with we have not been able to effect a resolution of -the problem as yet but when the time comes we're not going to be able to resolve it without money either and the opportunity to put money there really should be an expression of commitment by this Board to solving a problem and I do look at that money as a commitment by the members of this Board to solve that problem and I'm just sorry that as in everything there is never enough money to go around. I'm just sorry that the other members of the Board have sort of left that project slide from importance to them. Again I'll repeat, if it were as active today and were a project as a sore spot as it was two.years ago, I'm very sure every member of the Board who did not support putting the money in would be right on line saying they're all in,favor of it. Now is the time to be in favor of it as much as when it is a violent problem. Thank you. SUPERVISOR PELL: Any other Councilman wish to ~say anything before we call the roll? COUNCILMAN TOWNSEND: I'd like to say something, Pursuant~!to~?~at Larry was saying I was nor on the Board two years ago was before you because of leaking tanks and ~erhap~didn!'~j'~har~ the- sense of urgency at that time, although I'm--I think ~'m~a.~are of how people Yeel there and I certainly ~o understand t.~e/~pointment they will feel there in losing this money but on the othe~ide of the coin, there are many vital interests in the Town of S°uthotd that have to the considered. As you said, Larry, there is no.~r an imminent threat to that particular iece of property in'~ there are various' laws that would now preclude those tanks being~sed for ~hat purpose. We have pending or we should have pending, I don't think that we set it up for a hearing yet but we should have done that I think at this meeting, the ordinance that would limit the amount of stored fuel in any tank within a thousand feet of the water. I think that will go a long way in eliminating that particular type of problem. There are various zoning remedies for inappropriate uses that can be taken. I think that's the course ydu should take at this point. We do have a hundDed thousand dollars designated for that area. It seems a little bit in error for the Town Board to tie up two hundred thousand dollars that could be used for other urgent purposes at this point for that reason, and that's why I'm voting for the package the way it is. SUPERVISOR PELL: Thank you. Any other Councilman wish to say any- thing on this? (No response.) Call the roll Town Clerk. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Peil.~ This resolution was declared duly ADOPTED. SUPERVISOR PELL: Councilman Townsend will you prepare the resolution and have it looked iDto, the one that you referred to. ~ TOWN CLERK TERRY: You're talking the ~etroleum storage tanks? ~-~SUPERVISOR PELL: Yes. APRIL 20, 1982 111 TOWN CLERK TERRY: The Local Law has been prepared and has been referred to the Planning Board for their recommendation, which we must receive for a public hearing can be scheduled. SL~ERVISOR PELL: Resolution No. 2 (Southold Town Cable Television Advisory ComMittee) is something I recommended to the Board a month and a half ago. I recommended it again to the Board today. The decision of the Board---this is to create a Cablevision Advisory Committee to the Board with certain responsibilities to the Board to help us evaluate some of our problems with them. Cablevision, in the last part of May or mid-May will be coming down to Southold Town from Albany. The Commissioner is going to send somebody down. The Board feels it would like to wait before it creates this advisory board until after the Commissioner's Office send somebody down to go over it with the Town Board on the areas we would like to talk to them about. So I'll put a hold on this for the second time. Maybe the third time it will be looked upon favorably. It will be back on the agenda in the last part of May. .Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the application of Patricia Phillips Marco, dated March 25, 1982, for permission to renew single family trailer permit on her property located on the south side of Indian Neck Lane, Peconic, New York, be and hereby is Granted for a six (6) month period beginning April 20, 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. Moved by Councilman Murdock, seconded by Justice Edwards, WHEREAS, in 1978 the Town Board of the Town of Southold authorized Southold Town Fire Chiefs Council to charter a bus at Town expense to go ~o New York City to visit the New York City Fire Department, those funds never having been used, now, therefore, be it RESOLi~D that the Town Board of the Town of Southold hereby author- izes the Southold Town Fire Chiefs Council to charter a bus, at Tom~ expense, in the amount of $370.00, t'o transport their group to visit the New York City Fire Department on April 25, 1982. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilmanf~Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Number 5 we are going to wait two weeks for this one and pu~ it on the agenda. I need a little more information on that one. (Bids for furnishing and delivering luminaire type out- door lighting fixtures.) Moved by Councilman Murphy, seconded by Councilman Murdock, WHEREAS, Enconsultan%s, Inc. on behalf of Friedrich Krug applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated February 4, 1982, 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 6th day of April, 1982, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Enconsultants, Inc. on beha2f of Friedrich Krug be granted permission under the provisions of the Wetland Ordinance of the Town Of Southold to replace timber bulkhead and backfill with clean sand fill to be trucked in from upland source a~ Budd's Pond, off Budd's Pond Road. Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~msend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SI~ERVISOR PELL: I would like to recess at this time for the necessary time it takes to conduct two public hearings we have scheduled. 5~oved by Supervisor Petl, seconded'by Councilman Nickles, it was RESOLVED that a-recess be called at this time,''3:'30 P.~. for the 112 APRIL 20, 1982 purpose of conduct!ng two public hearings: (1) Proposed Local Law to :Amend Vehicle and Traffic Ordinance,and (2) Application for a Wetland Permit by Enconsultants on behalf of Kathrine Fart. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, CounciIman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. Meeting reconvened at 4:00 P.M. Moved by Councilman Murphy, seconded by Councilman To~rasend, WMEREAS, the Town Board proposes to establish'a Wastewazer Disposal District in the Town of Southold, pursuant to provisions of Article 12-A of The Town Law, and WHEREAS, the establishment of such district must be based upon a Map, Plan and Report, now, therefore, be it RESOLVED that pursuant. ~o provisions of Article 12-A of the Town Law, the sum of $2,200.00 be and the same hereby is appropr'i'a%ed to pay the cost of preparing a general Map, Plan and Report for providing the facilities, improvements or services in the propOse~ Was't'ewamer Disposal District, and it is further RESOLVED that this resolution is subject to a permissive referendum. 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 Councilman MurdOck, seconded by Justice Edwards, it was RESOLVED that the To.~n Board of the Town of Southold 'appoint Gerard P. Goehringer a member of the Southold Town ~oard of Appeals, effective April 30, 1982 for a five (5~ year term t~ end on April 30, 1987. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman ~urphy, Councilman Murdock, Councilman Nickles, Supervisor Petl. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman RESOLVED that the Town Board of the Town of Southold appoint James M. Wall a member of the Southold Town Plan'n~ng Board, effective April 30, 1982 for a five (5) year term to ~nd on April 30, 1987. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman ~urphy, Councilman ~urdock, Councilman Nickles, Supervisor Pett. This resolution was declared duly ADOPTED. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect' On 'the 'e'nviro'nment. Description of Action: Appticatio~ of Enconsultants'~ Inc.' on ~eha'lf of Anthony E. Valtace for a ~tland Permit ~o construct a timber dock consisting of fixed elevated catwalk, hinged ramp and float secured by ~wo pilings at Broadwaters Cove, off Nassau Point Road and Old ~ove Road, Nassau Point, Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An ~nvironmental assessment has been submitted which indicated that no significant adverse effec~ to the environment are likely to occur should the project be implemented as planned. Because there has'been no ~esponse in the allotted time from the New York State Departmenm 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 ADOP~TED. Moved by Councilman.Murphy, secomded by Justice Edwards, WHEREAS, a petition was received from Jem Realt~y requesting a of zone on certain property at Greenport, Town Of Southold, York from "A"~ Residential and ~gricultural District to M APRIL 20, 1982 ~. 113 13. 14. 15. Light Multiple Resid~de hi~ Business District, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby, is directed to transmit this application to the Planning Board in accordance with Article XV, Section I00-150 (B) of th~ Code of the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Petl. This resolution was~declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOL%~D that the Town Board of the Town of Southold declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Jem Reatty for a change of zone from "A" Residential and Agricultural District to 'tM" Light Multiple Residence District and "B" Light Business District on certain property located on the northerly side of North Road (Route 25), Greenport, Town of Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Petl. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Justioe EdWards, it was RESOLVED that the Town Board of the Town of Southold approve the application of Herodotus Damianos, dated March 25, 1982 for renewal of his trailer permit located on the north side of Main Road, Peconic, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~send, Counciln~an Murphy, Councilman Murdock, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOL\~D 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 Barbara Rader Punch for a wetland permit on certain property located on Goose Creek, at 40 Beachwood Lane, Southold, New York. Vote of the Town Bo ~ard: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of zhe Town of Southold will hold a public hearing az the Southold Town Hall, Main Road, Southold, New York on the 18th day of ~y, 1982 at 3:45 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 establish a Landmark Preservation Commission and zo Prescribe its du$ies," which reads as follows: The Code ofthe Town of Southold is hereby amended by-adding thereto a Chapter to be Chapter 56to read as foHoavs: Sbction 56-1. Short Title This chapte~ shall be known and may be cited as the "Landmark Preser~;ation J~aw of Southold Town". Section 56-2. Declaration of Purpose and Policy The To~'. Board finds there exists in the Town of.Southold places, sites, structures and buildings of historic or architectural significance, antiquity, uniqu6ness of architectural design or construction, or unusual aesthetic interest or value by reason of being representative of a style or period of extraordinary architectui~al merit which should be conserved, protected and preserved to preserve the architectural character of Southold Town,~ontribute to the aesthetic value of the Town, and promote the general good, welfare, health and safety of the Town and its residents. Therefore, it is the purpose and policy of this chapter to establish a Landmarks Preservation Cornmission .and procedures which.it can to assist and advise Southotd Town residents and landoxvners in Order to con- 114 APRIL 20, 1982 serve, ~rotect and preserve such places, sites structures and buildings thereb3( preserving the unique character of Southold Town which will substantially improve property and commercial values in the Town and make its villages and hamlets even better places in which to live. Section 56-3. Definitions indicated: As used in this Chapter, the following terms shall have the meanings COMMISSION'-'The Landmark Preservation Commission established~{ ~ pursuant to this Chapter. ' ' [~.3 EXTERIOR ARCI[ITECTURAL FEATURES - The architectural style, design, general arrangement and components of all of the outer surfaces of any building or structure. HISTORICAL SIGNIFICANCE - The quality of a building or structure based upon its importance to the neighborhood, its identification with historic persons or events, or its role in the development, heritage or social or cultural development or characteristics of any part of Southold Town. ARCIlITECTUI~AL SIGNIFICANCE - The quality of a building or structure based on its date of erection, style and scarcity of same, quality of design and its scale, fenestration, trim and manner and materials of construction, alteration and desecration of original design, present condition and appearance or other characteristics that embody the distinctive characteristics of a£ype, period, or nlethod of construction, or that represent a significant and dist~ ble entity who.se components may lack individual distinction, or contributei~t'~the :a/nbiance of the ,ocality. Such structures include styles as: t) -Greek'R~Vival~ 2) ~alianate, 3) Queen Anne, 4) Mansard, 5) Carpenter Gothic. Distinctive characteristics of these styles would include, but not necessarily be limited to, exteri~)'r ~esign ele- ments. -- LANDMARK- Any place, site. structure, group b~ilding, path, monument, tree or trees, ponds, dams, rock for~ ~ -cliffs, hills or places where identifiable historic events occurred, each Of ~'~hs~eh has historical or architectural significance. LANDMARK DESIGNATION- The designation of a La~ark pur- suant to the provisions 9f this Chapter. .~ STRUCTURE - Any assembly of materials, forming a c~onstruction framed of component structural parts-for occupancy or use, including buildings. Section 56-4. Landmark Preservation Commission A. There is hereby created a Landmark Preservation Commission which shall consist of five members to be appointed by the Town Board, to serve without compensation. B. The term of office of each member appointed to said Commission shall be two (2) years, provided, however, that of those members first appointed, three (3) shall be appointed for one (1) year, and two (2) shall be appointed for two (2) years. If a vacancy occurs other than by expiration of a term, it shall be filled by the Town Board by appointment for the unexpired term. C. Meetings of the Commission shall be open to the public~' Meetings of the Commission shall be held at such times as the Commission may determine, or at the call of the Chairman, or at the request of two members. Three members of the. Commission shall constitute a quorum for the transaction of business. The Commission shall keep written minutes of its naeetings, showing the vote Of each member upon all questions Voted upon, and such minutes, together with all records of the Commission shall be promptly filed with the Town Clerk. D. The Commission may appoint from. its members, a Chairman, anda secretary, each oi wh .m shall serve for a term of one year, or~ until their successors are appointed. 115 - E. The Commission m,a~y incur such expenses in the performance of its duties as may be a~thorized a~a~l~riated~g~?the Town Board. SecIion 56-5. Duties of Commission The Commission shall perform the following duties and functions: A. Encourage the preservation of Landmarks by preparing and maintaining a register of designated Landmarks in the Town of Southold. Such register shall be filed with the Town Clerk. A copy shall be filed with the Building Inspector. B. Designate Landmarks in accordance with the provisions of Section 56-6 hereof. C. Review, and where appropriate give advisory reeommendalions with respect to all applications for building permits involving designated Landmarks in accordance with the procedures set forth in Section 56-7 hereof. D. Cooperate with civic and professional organizations interested in landmark preservation. E. Offer advice, comments and suggestions to or at the request of owners or the Town Board to implement the purposes of this chapter. F. Promote and encourage historic awareness and judicious concern for the comparability of existing designated landmarks and'proposed architectural structures. Section 56-6. Landmark Designation A. Selection of landmarks for designation shall be determined on the basis of historical and/or architectural significance. B. In considering a landmark for possible designation, the Commission- shall comply with the following procedure, to wit: 1. Prior to designating a landmark, the Commission shall gi~e written notice to the owner of the property, as shown on the last completed town assessment roll, that the Commission is considering ihe designation of the proper~y as a designated landmark. Such notice shall be sent by certified mail, return receipt requested. Such notice shall request that the owner consen~ ~o such designa- tion by signing and returning .the form 'of consent enclosed with the notige, Such notice shall also indicate tha~ if the owner objects to such designation, or desires furti~er information, the owner may return the form enclosed with the notice, which requests thai the owner and/or representative seeks a meeting with the Comn~ission within thirty (~0)- days from the receipt of such request by the Commission. 2. The Commission may not proceed with the designation of a landmark unless one (1) of the following conditions are met, to wi/: (a) The owner c_~onsents in writing to such designation; or (b) The owner, within thirty (30) days from the receipt of no,ice specified in Section 56-6, B 1, has failed to notify the Commission of his objection to such designation, or failed to request a meeting with the Commission; or (c) A member of the Commission has personally met with ali or the owners of the property being considered for designation, and has fully explained all aspects of designation and the consequences thai will result from such designation. C. The designation of property as a designated landmark by the Commission, pursuant to the provisions of this chapter, shall not impose any obliga- tion or responsibility upon the owners thereof,, nor shall such designation in any manner' restricz or limit the use, development, repair, maintenance, alteration or modifica- tion of the property by the owners thereof. D. The designation of property, as a designated landmark by the Commission, pursuant to the provisions of this chapter shall not become effective 116 APRIL 20, 1982 until such property is entered in the lqegister of Designated Landmarks and filed with the Town Clerk. Section 56-7. Review of ]Building Permit Applications A. Every application for a building permit for the reconstruction or alteration of or addition to a designated landmark shall be referred by the Bt~ilding Inspector to the Commission for its comments and recommendations. No bUilding permit shall be issued until the Commission has filed its written comments and recommendations with the Building Inspector, and mailed a copy thereof to the applicant, or the passage of fourteen (14) days from the date of referral, whichever ~-~ shall first occur. B. The application for a building permit shall not'be deemed complete until the Commission has filed its written comments sa~d recommendations, or the passage of-Tourteen (14) days from the date of referral of the Building Permit appli- cation to the Commission, whichever shall first occur. C. In reviewing an application for a building-permit referred to it, the Commission shall consider the effect that the contemplated work will have on the exterior architectural features of the designated landmark. If the Commission recommends modification in the contemplaled work, in order to preserve the archi- tectua! features of the structure, it shall suggest such modifications as will,minimize[ the costs, time and inconvenience to the owner. D. In reviewing an application for a building permit, the. Commission shall consider only the exterior architectural features of the building or .structure. E. The comments and recommendations Of the Comn:~ls. sicn with respect to building permit applications referred toit pUrsu~n~ t'O thi~ See~wn, shall be deemed advisory only~ The owner's re'ectionj of or refusal~o:, eomp.yt ~lh~ such comments andCrecommendations shall not delay or in any W~iY impede the-:~5~erwise favorable action on the issuance of a building permit. F. Nothing contained in this chapter shall be deemedt entthe ordinary and necessary maintenance and repair of any exterior arch}te~704al ~eatures of a designated landmark which does not involve a significant chanff~,i~i~%s,~fn. material or outward appeaP'hnce thereof. Section 56-81 Severability t~ich of the foregofl~g provisions of this chapter has been::adopted in an endeavor to preserve and extend the public welfare by preserving t~e character- istics of historic and/or architecturally significant, structures or districtS. In the event that any portion of this chapter shall be deiYei~-miiiecI'inva.'licI; ~uch determination shall not affect or result in the invalidity_ of any 16ther provision contained in this chapter. Section 56-9. Effective Date This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend. Councilman Murphy, Councilman Murdock, Councilm~n Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 16. Moved by Councilman Murphy, seconded by Councilman: Nick/es, itl was RESOLVED that the Town Board of the Town.of Southold sez 3:05 Tuesday, May 4, 1982, Southold Town' Hall, Main Road, S~uthold, New York as time and place for hearing upon application of ~uriel Baldwin for a Wetland Permit to construct timber bulkhead with zwo rezurns landward of line of Mt{W at canal off Southold Bay, on the south side of~ Island View Lane, Greenporz, 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. SL~ER¥ISOR PELL: No. 17 Councilman Murphy is going to look into we have some questions on this and he ~ilI report back to the Board at the next meeting and it will be put on the agenda the next time - ,lication of Ange & Barbara Boursiquot for a trailer permit). APRIL 20, 1982 18. 11.7 Moved by Councilman Nickles, s~con~d by. C~uncilman Murdock, it was RESOLVED that pursuant--to Arti~.~f,~t~C'~nstitution, the Town Board of the Town of Southol~ requests the enactment of Senate bill No. 249-C. entitled 'AN ACT ~o allow persons in public employment on ~ugust sixteenth, nineteen hundred seven~y-lhree or lh~ir executor, administrator or personal representative who d~d not file a member- ship application with the New York s~a~e employees' retirement system to file a request for retroactive membership with the state comptroller" and be it further ' RESOLVED that it is hereby declared that a necessity exists for the enactment of such legislation, and that the fac~s establishing s~ch necessity are as follows: The Town of Southold does not have the power to enac~ such legislation by local law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOTPED. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOL%~D that-the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to seek proposals for cleaning services required by the Town for the uniforms of the members of the Southo!d Town Police Department. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilma~ Nickles, Supervisor Pel!. This resolution was declared duly ADOPTED. 20. Moved by Councilman Murphy, seconded by Justice Edwards, it was P~SOLVED that the Town Clerk of the Town of Southold be and she hereby is authorized and directed to advertise for bids for the purchase of 500 bushels, more or less, of uncertified chowder clams for spawning purposes, to be (1) picked up by the Town and delivered h ~ to t e -~own Highway Department, Peconic Lane, Peconic, OR (2) delivered to the Town Highway Department, Peconic Lane, Peconic, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was ~eclared duly ADOPTED. .~ 21. Moved by Justice Edwards, seconded by Councilman Nic~les, it was RESOLVED that the Town Board of the Town of Southold accept, with regret, the resignation of A. John Gada, Jr., Highway Department Labor Supervisor at Fishers Island, effective April 5, 1982. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. 22. Moved by Councilman Murdock, seconded by Councilman Nickles~ it was RESOLVED thaz the-application of the First BaPtist Church of Cutchogue, dated March 25, 1982, for the renewal of a single family trailer permit az the north side of Middle Rokd, Cutchogue, be and hereby is granted for a six (6) month period. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Petl. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that Supervisor William R. Pell, III be and hereby is authorized to increase the working hours of part-time employee Elizabeth Jane MoffaZ~ zo as many hours as needed per week, effective April 19, 1982, for a'period not to exceed eight (8) weeks. Vote of the Town Board: Ayes: Justice Edwards, Councilman To%wasend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Explanation. Chris Hogan who is in my office is in the hospital, had~ an operation today, and is doing fine but she expects to be oul four to five weeks'. 118 APRIL 20, 1982 24. Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that the Souzhold Town Board declare itself lead agency ' in regard to the State Environmental ©uali~y Review Act in the matter of the application of Enconsultants, Inc. on behalf of Petersen Towing Corp for a wetland permit on certain property located on right-of-way off Nangles Drive, on Mattituck Creek, Mattituck, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~send, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 25. ~ved by Councilman Townsend, seconded by Councilma~ l~rdock, it was RESOLVED that the Town Board-of the Town of Southold engage the services of Holzmacher, McLendon & Murrell, P.C. to prepare a map of the Southold-Scavenger Waste Improvement District, including fax map descriptions' delineating the boundaries between, the areas presently serviced by the Greenport Sewage Collection System and that of the proposed Scavenger Waste Improvement District, at a cost not to exceed $2,200.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pel!. This resolution was declared duly ADOPTED. 26. Moved by Councilman Murphy, seconded by Councilman Nicktes, i~ wa~ RESOLVED that the Town Board of the Town of Southold here~y authorizes Port of Egypt Marine, Inc. to provide and install channel markers at the mouth of Mill Creek this Sp~ing, maintain them during the year and pull them in the fall at a cosz not to exceed $125.00. 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: Number 27 (proposal of Holzmacher, MD~'d~O~n=and ~urreI1, P.C. for engineering services in conjunction wi%~h~ Soiid Waste Disposal) we are going ~to wait until May 4th, unt~!~!io~ Land- fill Committee meets and can rev~-e-~ this proposal and make a recommendation to the Board. Number 28 (hir~ part-time Labor Supervisor at Fishers Island) we are going to wait un,il Mr. Dean, Superintendent of ~j~g~ays, wants to act upon it. 29. Moved by Councilman Murphy, seconded by Justice Edwards, it w~s RESOLVED that the Town Board of the Town of Southold authorizes the Mattituck Senior Citizen Club to engage one bus at a cost of. $260.00 to transport their group to the Island Squire on ~y 18, 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. 30. Moved by Councilman Murdock, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold makes the following distribution of recreation of funds: East End Arts & Humanities Council - $400.00 Mattit'uck Women's Softball League - $400.00 Mattituck Slo-Pitch League - $910.00 SUPERVISOR PELL: That is $920.00. COUNCII~IAN MURDOCK: I ~hink the way we did it where we have to' have verification there is nothing that comes out to $920.00. So it will have to be $910~00. SUPERVISOR PELL: We'll take the $9!0.00. I am agreed. Any Board member? COUNCILMAN NICKLES: What's the problem with $9~0.007 COUNC'rL~ Mu~rdock: It does' nt come up to $920.00. If you take the $100.00 off for the three bases at $t00.00 a set it comes to $910.00. Everyti~ing else as i'temized comes ~o a total of $910.00i SUPERVISOR PELL: No problem. 31. 32. 33. 35. 36. APRIL 20, 1982 Councilman Murdock ~ntinuing ~"~'~':~* ~'~ ~ ~h~'~'Resolu~On NO. 30: Mattituck-Cutchogue Little League - $1,400.00. Vo~e of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED tha~ the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Ellen M. and Eugene G. Steiger~vald for a wetland permit on certain proper~y located at Bungalow Lane, on Deep Hole Creek, Mattituck, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Nickies, it was RESOLVED that the Town Board of the Town of Southold hire Mark Zaieski, Southotd, as a Relief Radio Operator at Police Headquarters, effective immediately, at a salary of $5.00 per hour. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pelt. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED tha5 the Town Board hereby authorizes George H. Fisher, Sr. Building Inspector, to attend a Fire Prevention Seminar sponsored by the Fire Inspectors Association of Suffolk County a5 Colonie Hill, Hauppauge, New York, on Saturday, May 1, 1982, and to use a Town vehicle for transportation. Registration fee of $20.00 to be a legal Town charge. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor PeI1. This resolution was declared duly ADOPTED. Moved by Supervisor Pell, seconded by Councilman Nicktes, it was RESOLVED that the Town Board of the Town of Southold?hereby makes the following promotions within the Southold Town Police Department: Stanley Droskoski is hereby promoted from Sergean~ to Lieutenant effec~'ive A~ril 21, 1982. ' Joseph A. Conway is hereby promoted from Patrolman to Sergeant effective April 21, 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. Moved by Councilman Nickles, seconded bv Councilman Murphy, it was RESOLVED that the Town Board of the Tow~ of Southol4 hereby authorizes Special Counsel Richard J. Cro~ to ppgage an appraiser in the Tax Certiorari case of Alan A. Cardinale vs. Town of Southold. Vo~e of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. Supervisor Pelt offered the following resolution and'moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ADOPTED APRIL 20, 19S2, AUTHORIZING THE PURCHASE OF ONE (I) USED FRONT END LOADER, AT THE ESTIMATED MAXIMUM COST OF $70. 000; FOR USE BY THE TOWN HIGHWAY DEPARTMENT, APPR.OPRiATING SAID AI~IOUNT THEREFOR, AUTHORIZING THE APPLICATION OF $t, 00(3, BELNG THE TRADE- IN VALUE OF OBSOLETE HIGHVVAY EQUIPMENT AND AUTHORIZ- IiNG THE ISSUANCE OF $69; 000 SERL&L BONDS OF THE TOW~ TO FINANCE THE BALANCE OF SAID APPROPRIATION. THE TOWN BOARD OF THE ~OWN OF SOUTHOLD, IN THE COUNTY 120 APRIL 20[~, 1982 OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of ali the members of said Board), AS FOLLOWS: Section t. The Town o£ Southold, in the County of Suffolk, New York ("Tovzn"), is hereby authorized to purchase one (!) used front end loader at the estimated maximum cost of $70, 000, for use by the Highway Department of the Town. The estimated,totai cost of said specific object or purpose, including . preliminary costs or costs incidental thereto and the financing thereof is $70, 000 and the said amount is hereby appropriated therefor including the application of $t, 000, being .the trade-in '~alue of obsolete highway equipment presently o%wned by ~h~ Town, and hereby authorized to be applied towards the payment of the equipmen~ authorized by this resolution. The plan of financing includes the use of said $1, 000 trade-in allQzvance, the issuance of $69, 000 serial bonds to finance the balance of said appropriation and the levy of a tax upon all the taxable real property in the Town to pay the principal of and ~interest on said bonds as the san~e shall become due-and payable. Section 2. Serial bonds of the Town in the princiPal amoun~ ~f~8,% Q00 are hereby authorized to be issued pursuant to the provisions Law, constituting Chapter 33-a of the Consolidated Laws of the State ("Law"), to finance the bJalance of Said appropriation. Section 3. The following additional matters are hereby dete~r~ined and s tare d: (a) The period of probable usefulness of the specific object or purpose for which serial bonds herein authorized to be issued pursuant to Section I her~_of, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b} Current funds are not required by the Law to be provided prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof pursuant to the provisions of Section 107. 00d. of the Law. {c) The maturity of the bonds issued under this resolution will not exceed five (5) years. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be .general obliga- APRIL 20, 1982 121 tions of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of interest on said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the an~ortiza- tion and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes, or, the renewals of said Notes and of Section 50.00 and Section 56.00 to 60.00 of the Law, the po%vers and duties of the To~vn Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of 'said bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity o ~he bond authorized by this resolution and of any notes issued in anticipation of said bonds, may be contested only if: _ (a) (b) such obligations are authorized for an/' object or purpose for which the town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution are not substantially c omplie d with, and an action, suit or proceeding contesting such validity is commenced within t~venty days after the date of such publication or, (c) such obligations are authorized in violation of the provisions of the constitution. 37. Section 7. This res~u~on shalltake effectimmedia~Iy. The adoption of the foregoing resolution was seconded by Councilman Murdock and duly put to vote on a roll call, which resulted as follows: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pe!l. Noes: None. This resolution was declared duly ADOPTED. Supervisor Pell offered the following resolution and moved its adoption: RESOLVED by the Town Board of the Town of Southold, in the County of Suffolk, New York, the Town 'Clerk of the Town of Southold is hereby directed to publish the foregoing bond resolution, in. full, in The Long Island Traveler-Watchman, Inc., a newspaper published in Southold. New York, having a general circulation therein, and hereby designated as the official newspaper of said Town, and in The Suffolk Times, a newspaper published in Greenport, New York, APRIL 20 1982 together with Town Clerk's statutory notice in Substantially the form as prescribed by Section 81.00 of the Local Finance Law o~ the State of New York. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilman Murdock and duly puz to a vote on roll call, which resulted as follows: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. Noes: None. This resolutiOn was declared duly ADOPTED. 38.' Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise for bids for the following: One (1) Used International Model H-6OE' Articulated PayIoader (or equal) with the trade-in of the following items: 1 - t948 1-ton Chevy Cab/Chassis; 2 - 4-5 yd. dump bodies; 1 - 600 gat. oil dist. tank only; 2 - Tag Along sand and stone spreaders; 2 - Tag Along patch trays; 1 - 12 ft. bulldozer blade/arm; 1 Sepko basin cleaner/bucket/4 yd. dump body. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~send, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resoiution was declared duly ADOPTED. 39. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southoid amend their Resolution No. 31 of December 8, 1981 granting "permissiOn to Town Engineer Lawrence M. Tuthitl to engage the services of Coastal and Offshore Corp., Newark, Delaware, to review the Flood M~p with the National Flood Administration representatives, at a cost not to exceed $300.00"--to include the following: "and necessary expenses for air fare and mil]cage in the amount of $157.70". Vote of the Town Board: Ayes: Justice Edwards, Councf[ma~ Townsend, Councilman Murphy, Councilman Murdock, Councilma~ Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Any Councilman have anything t at I ommtte~ or would like to bring up.? COUNCILMAN MURDOCK: At this time I'd like to comment on the selection for Police ~Lieutenant. There were two candidates, bo~th~ldng time employees of the Town of Southold, both very well qualified, both of them were considered very highly and are considered very highly by all the members of the Town Board, bv their fellow pot~e officers. The discussion we had, while we voted u~animously whic~ ns to be wb~t this Board tries to do in a spirit of coo~eratfo~[ ~t was a split vote for a long time because of the closeness of the character of these people and we on the Board have asked the Chief of Police to undertake a review of the department to see if the upward structure of our P'olice Department is adequate. It was suggested by me and Councilman Nickles that we should create the position now of two police lieutenants. That both men were so eminently qualified tham it might be a method of serving the Town very welt a~d most important in the future we would be more adequately prepared for what the problems would be with such a move. And therefore, the Chief of Police may be back before the Town Board within a six month period with recommendations as ~o maybe more sergeants as well as a second lieutenant. I said it in front of the Town Board, I said it privately to the present Chief of Police, I don't believe, with all due respec~ to everybody involved, we will ever find a man who has dedicated him- self so thoroughly to the Town of Southold as Chief Winters di~ when he was a lieutenant and I think it would be unfair of the Town to interview people expecting that kind of service and that maybe it would be kind of the Town of Southold to expand their horizons. The Town of Riverhead has a chief, a captain, as well as a lieutenant for each shift. They do have fifty pol$cemen, where we have twnety-nine, but ~ believe that it will come down that when the C~ief looks at it coldheartedly instead of emotionally which is based on his desire to serve this Town, that he will realize that maybe we should have a little more officer supervision. It was under that context that we all agreed to the selection of the candidate as we did. Thank you, Bill. SUPERVISOR PELL: Any other Councilmen wish to say anything? COUNCILMAN NICKLES: I'd just like to, I'm sure with all the Board members congratulate [he qff~rs o~ their promotion. I would like APRIL 20, 1982 123 to correct one thing that Counci~n Murdock said and t feel I'm able to speak for my~etf. 'I ~d ~m~a~'~any time this morning I recommended to the Town Board that we select two lieutenants for one oosition, although it was discussed. I discussed it with the present Chief of Police and found out there was not any justification for him to have Two lieutenants for one position, i went along with the Supervisor's suggestion that the Chief of police review the direction that our deparrmen~ is going in terms of size and personnel required to operate it at the top end and I suspect some time within the next six months/we'll have a repor~ forthcoming. That's about all I care to comment on. SUPERVISOR PELL: Any other Councilmen wish to add anything? (No response.) If not, does anybody wish to address the Board? (No response.) If not, the vote is in order. Moved by Councilman Nickles, seconded by Councilman Murphy, it was ~ESOL~D that there being no further business to come before this Town Board meeting adjournment be called at 4:35 P.M'. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~msend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pelt. This resolution was declared duty ADOPTED. Judith T. Terry Southold Town Clerk