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HomeMy WebLinkAboutTB-05/18/1982137 SOUTHOLI~ TOWN BOA'RD IIAY 18, 1982 WORK SESS ION 8:00 A.M. - The Board began reviewing the ~'gen'da. 9:40 A.M. - Members O'f 'the League O'f Women Vot'erS O~f' Rive'rhe~d/ Southold - Jean Tiedke, Marie Bauer Johnson, Lydia Totora, and Frank Bear met with the Town Board to discuss the results of their "Survey for the Year 2001".--There will be a meeting on June 21st between the League of Women Voters, the Conservation Advisory Council, Planning Board, Town Board and Cornell University rep- resentatives to discuss how Cornell can aid the Town in updating the Master Plan. 10:35 A.M. Mr. Wi'Il'tam Smith met with the Board to discuss a proposed parking lot projecz at The Long Island Chapter, New York State Archaeological' Associati'on, Main Bayview Road, Southotd. ~. Smith requested the Town to donate approximately 400 yards of fill from the Disposal Area, and as approved by Highway Superin- tendenz Dean, the services of the Highway Department for the removal of trees and stttmps from the properzy in the rear of the Archaeological Association so a parking lot may be constructed. The Board agreed to study the proposal and most likely will have a resolution on the June 8th agenda. 10:45 A.M. - Former' Coun~'i'lma~ Henry Drum appeared before the Board to present a framed photograph to Highway Superintendent Dean concern- ing the April snow storm. The photograph shows Capt. Drum in his snow- filled driveway beside a sign - "This is for cutting my budget, Hank." Capt. Dr. um is holding a sign - "Never Again!!" 10:50 A.M. - The Board resumed reviewing the agenda. EXECUTIVE SESSION 11:15 A.M. - The appointment to the position of Executive Administrator to the Supervisor and Town Board was discussed. (Resolution"No. 15 on agenda.) WORK SESSION 1I:30 A.M. - Harold Dombeck and Gary Loesch of Holzmacher, McLendon and Murrell~ P.C. met with the Board to discuss the 20I Wastewater Facility Plan - "Selected Plan Report" dated May 1982. This plan for the construction of a scavenger waste/sludge treatment and disposal facility at Greenport has'received the second highest rating for a grant in the State of New York, although funding has not been approved at this time. The next step in the program, is to set a public hearing date (July 20, 1982, 4:00 P.M., Southold Town Hall). In the meantime the Town and the Village should come to some type Of agreement on the project and a memorandum of agreement be drawn up. Mr. Dombeck also asked for authorization to arrange a meeting with the N.Y.S.-D.E.C. with the understanding no formal agreement will be reached with the state. The Town has until approximately November 1st to make their final decision.--Councilman Murdock stated he is still not certain the To~ should go with the Scavenger waste plan and would be visiting other sites with municipal solid waste programs before he has come to a firm decision. Councilman Murdock and Councilman Townsend will be visiting a plant in Toronto on May 19th and 20th.--The actual cost of the scavenger was~e~sludge treatmen~ plant would cost the Town approximately $267,000.00--Table of Costs is inc.luded in the "Selected Plan Report" on file in the Town Clerk's Office. MAY .18,~ 1982 12:40 P.M. - The Board recessed for lunch. 2:15 P.M. - Work. Session resumed and thg. Board continued reviewing the agenda. 2:35 P.M. - Sybil Mizzf and Paul Fink of' Pa'n' Tec'h Ma'~agemen~'.Co'rp. met with the Board to discuss the guidelines for the H0U'sfn'g Reh'a~- ilitation Program for 7th, 8th and 9th Streets, Greenport, under the community Development Program. It was the decision of the Board to grant deferred loans up to $5,000.O0 for a five year period, and regular loans up to $7,500.00. If a person is bank rejected, a portfolio will be Prepared and the Board will makea decision, on a case by case basis. The program will begin with owner occupied residences and the income limits will be based upon the September 15, 1980 Section Eight Income Guidelines as set forth in the O~erating Manual, HouSing Rehab Project~ Community Development Program filed in the Town Clerk's Office. * * * REGULAR MEETING A Regular Meeting of the Southold Town Board was held at 3':00 P.M., Tuesday, May 18, 1982 at the Southold Town Hall, Main Road, Southo!d, New York. SuperviSor Petl opened the meeting with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pel!, III Councilman John J. Nicktes Councilman~ Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice RaYmond W. Edwards * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker On motion of Councilman Nickles, seconded by Justice Edwards, it was RESOL%~D that the minute's 'of the May 4, '1982~egUlar Meet'i~sg of the Southold Town Board be and hereby are approyed. 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 Supervisor. Pell, seconded by Councilman Murdock, it. was RESOLVED ~hat the next'-Regular-Meeting of ~he Southold Town Board will be held at 7':'30 P.M., Tuesday'] Jun~ 8', 1982 at the Southold Town Hail, Main Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman ~urdock, Councilman Nickles, Supervisor Pett. This resolution was declared duly AI)OPTED. I. REPORTS SUPERVISOR PELL: The following reports are on file i~ the Southotd Town Clerk's Office for anyone who wishes to review them. 1. Justice Edward~' April 1982 monthly report. 2. Report of the North Fork Animal Welfare League, In~. for the month of April 1982. 3. Report of the Board of Town Trustees for the month of April 1982. 4. Report of Town Justice Tedeschi for the month of April 1982. 5. Report of Town Justice Price for the month of April 1982. 6. Long Island Cablevision monthly report for April 1982. 7. Board of. Assessors' monthly~report for April 1982. 8. Police Department report for the month of April 1982. 9. Councilmen Reports - Councilman Townsend. COUNCIL~N TO~NSEND:---Councitman Townsend reported on his meeting, along with Supervisor Pell, with representatives of the John Wesley MAY 18, 1982 139 Village, Riverhead. They presently have a 115 u~it complex in Riverhead and are interested in~tocatin~ ~'~t~h~r~. 30~Uhi't complex in one of the five east end towns. Councilman Townsend also reported' o~n the North Fork Environmental Council's Landfill Committee meeting with the Town Board Landfill ' Committee and Richard Greenfield representing Lantz America to discuss their proposal. Their facility has no smokestacks and produces a low grade gas that might be used in the Greenport facility.--It expected the Town Board will be sending out requests for proposals in a couple of months. SD~ER~ISOR PELL: Councilman Murdock? COUNCIL~N MURDOCK: Nothing at the present time. Everything is being covered by other members of the Board. SUPERVISOR PELL: Councilman Murphy? COUNCI~IAN MURPHY:---Councilman Murphy reported on a C'onference he attended with Highway Superintendent~Dean in Klbany, New.York--the ~velfth Annual Composting and ~s'te Recycling Co'nference, New Directions in Land Application--May 12, ~3, 14, 1982. They brought back some material that will be distributed to the Board and a meeting will be arranged to discuss this data which concerns composting, waste reduc- tion, and sludge disposal problems. SUPERVISOR PELL: Justice Edwards? JUSTICE EDWARDS:---Justice Edwards reported on the newly formed-sewer.~ - district on Fishers Island and the proposed Sewerage treatment' plant. The cosz to the average homeowner in the district will be approximately $200.00 a year. SUPERVISOR PELL: The Supervisor reports progress on all fronts. The Town is moving along very nicely. I I. PLq3LIC NOTICES COUNCILI,~N MURPHY: There are three notices on the agenda. These notices are on file in the Town Clerk's Office and on the Town Clerk's Bulletin Board if anyone wishes to review them. 1. New York State Department of Environmental Conservation Notice of Complete Application by Witl'iam and Regina Vict'oria/'James W. Dawson for permission to create a four lot subdivision, .each. lot exceeds- 40,000 square feet and construct a one-family dwelling on each lot at minmmum of 75 ft. from Tidal Wetland Boundary and install a sanitary system on each lot a minimum of 100 ft. from Tidal Wetland Boundary. Project site is located west of Victoria Drive on the south side of Main Bayview Road, Bayview, boat basin off Corey Creek, Southold. 2. Notice from Legislator Gregory Blass of the final hearing on Temik by the Legislature's subcommittee on Temik contamination. This hearing will be held at 7:00 P.~., Thursday, ~ay 27, 1982 at the Southold Town Hall. 3. Letter from the Suffolk county Dep~r~en't''of Emer'gency Preparedness notifying the Town that there will be a radiological seminar/training exercfse in the Emergency Operating Center/Alternate S--~.t of Government~Yaphank Avenue, Yiphank, June 9, t0, 11, from. 9:00 to 4:00. Chief Winters will be advised of this seminar and it will be suggested he send a Town representative. III. COMMUNICATIONS SUPERVISOR PELL: The following communications are file in my Office and the Town Clerk's Office. 1. Letter from William Weinheimer thanking the Town for the use of the Senior/Youth Center to provide free ta~ aide ser~iC'es to the Senior Citizens of Southold Town. 2. Letter from Frederick L. Lightfoot expressing his objection to the development of Robins Islandf_ 3. Request from Kevin Terry for a street light in front Of his business on the Main Road, Southold. This request will be turned over to the Street Light Committee. 4. Letter from the Suffolk County Treasurer transmitting a list of county owned property in the Town of Southold. MAY 18, 1982 5. Letter from the Gr'eenport-Southoid Chamber of Commerc.e opposing the adoption of Local Law to establish a Landmark Preserva- tion Commission" 6. Letter from Matt McKiernan, So~thoid, registering his complaint concerning service of Long Island Cablevision. 7. Letter from our Legi ~ sla~or Gregory Blass transmitting a letter to Governor Carey asking his support in preventing a .cenzral'ized court facility in Hauppauge. IV. HEARINGS SUPERVISOR PELL: We have three' hearings scheduled b'e'ginning at 3':30. It is not quite 3:30 yet. We will go on to Resolutions. V. RESOLUTIONS. Moved by Councilman Murdock, seconded by Councilman Murphy-, ~EREAS, Long I'sl'and Lightin~ :Company has been furnishing gas to the Town of Southold and its inhabitants under and pursuant to various franchises and consents heretofore g~anted by the Town Board of. the Town of Southold; and WHEREAS, Long Island Lighting Company is now the Only person, firm or corporation supplying gas within the municipal territory of the Town of Southold; and WHEREAS, the franchise held by Long Island Lighting Company has expired, and the said Long Island Lighting Company is desirous of continuing To furnish gas to the said Town of Southold and its inhabitants, and has made application to the Town of Southold for a gas franchise for a period of ninety~nine (99) years; and WHEREAS, a notice of public hearing on:the applications for said gas franchise has been duly given by publication in the of Ticial newspaper of the Town of Southold at least ten (10) days before the said public hearing was held on May 4, 1982,' all p~rsuant to the applicable provisions of the To~wn Law of the State York; and~ and conditions hereinafter set forth; now, -therefore, be,~ RESOLVED that the Town Board of the Town of South01d, S ~ty, New York, does hereby grant, pursuant to the aPplicable~A~si°as of the Town Law of the State ~f New York, to Lo~g'Islafid~ighting Company, a gas and electric oor oration organizedand the Transportation Corporation Law Of the State of New ~r~k~ ~ts successor~ ~nd assigns, the right, franchise, p~rmissio~%$~°usent for the use of the ~tr~ets, highways, avenues~ i~nes a~ h~ oUblic pla es Or part thereof, or the s ace abov$or any of them, in~th~ Town o~ So~thold which are now or may ~e~ be under the control of the municipal authorities of said Town, and hereby consents that Long.Island Lighting Company may exercise the powers set forth in said Transportation Corporations Law; as and for a franchise, ali for a period of ninety-nine (99) years from the date of this resolution; provided that (1) such powers shall be subject to such reasonable regulations as may be prescribed by the Town Board; (2) all pipes, mains, conduits, appurtenances and fixtures shall be installed and maintained in a proper workmanlike manner; and (3) the said Long Island Lighting Company shall at all times idemni£y and save harmless the said Town and the members of the said Town Board from and against any and all actions, suits, damages, costs, charges and expenses by reason of the location and maintenance of its facilities in any o~ the streets, high.ways, avenues, lanes and other public places, or by reason of any ac~ done or omitted to be done by said Long Island Light- ing Company; and provided' further, that this consent shall not be deem~ exclusive, ~or sh~ll it become effective unless and until Long. ISland Lighting Company, within sixty (60) days from the date of this resolu- [.~ tion shall file its written Acceptance thereof with the Clerk of the Town. Vote of th~ Town Board: Ayes: Justice ~Edwards, Councilman To~msend, Councilman Murphy,.Councilman Murdock, Councilman Nickles~, Supervisor Dell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconde~ by Councilman Nurdock, WHEREAS, Enconsultants, Inc. on behalf o~ Muriel Baldwin applied to the Sour.hold Town Board for a permit under the provisions of the Wet2and Ordinance of the Town of Southold, application dated February 26, 1982, and WHEREAS, said application was referred to the Southold Town Trustees and Southotd Town Conservation Advisory Council for their findings MAY 18, 1982 and recormnendations,~and ..,~i~ ...... , ......... WHEREAS, a public h~ng was ~'~'~'$~'~wn Board with respect to said application on the 4th day of May, 1982, at which time all interested persons were given an oppozg~nity to be heard, now, therefore, be it RESOLVED that Enconsultants, Inc. on behalf' of Muriel Baldwin be granted permission under the provisions of the ~etl'and Ordinance of the Town of Southotd for the construction of a timber bulkhead plus ~wo returns landward of line of-MHW at canal off Southold Bay, on the so~th side o~ Island View Lane, Greenport, New York, PROVIDED the construction is three feet behind the marsh toward the uBtand. Vote of the Town Board: Ayes: Justice Edwards, Councilman ToWnsend, Councilman Murphy, Councilman ~Iurdock, Councilman Nickles, Supervisor Pelt. This resolution was declared duly ADOPTED. S~PERVISOR PELL: Resolution No. 3 is being held at the present time pending further discussion with Planning Board Chairman Raynor. Moved by Councilman Murphy, seconded'-by Councilman Nickles, it was RESOLVED that pursuan~ to Article IX of the Constitution, the Town Board .of the Town of Southold requests the enactment of Assembly bill No. 10216, entitled "AN ACT to allow persons in public employmenv on August sixteenvh, nineteen hundred seventy-three or their execumor, administrator or personal representative who did not file a membership application with the New York state 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 facts establishing such necessity are as follows: The Town Board of 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 Murdock, Councilman Nickles~ Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman To~send, seconded by C~uncilman Murdock, it was RESOLVED that pursuan~ 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 envir'onmen~. Description of Actio~n~ Application of Jem Realty for a,change of zone from "A" Residentik~ and Agricultural Distr~ct to 'M' Light Multiple Residence DistriCt and "B" Business District on certain property located on the northerly side of North Road (,%Route 25), Greenport, Town of Southold, New York. The projec~ has been determined not to have a significant effect on the environment for the following reasons: An environmental assessmen~ has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the projec~ 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, C~uncilman Murdock, Councilman Nickles. Supervisor Pelt. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold will hold public hearings at the Southold Town Hall, Main Road, Southold, New York, on June 8~ 1982, on the following applications for permits under the prov~sions of the Wetland Ordinance of the Town of Southold: 3:00 P.M. - Application of Patr-~ ~ Carrig on b'ehalf of Barbara Rader Punch for permission to Construct floating dock, ramp, and cat- walk on Goose Creek.. at 40 Deachwood Lane, Southold, New York. 3:05 P.M. - Application of Ellen M. a'nd Eug'e'ne 'G. Steigerwald for p~ss-~ to construct catwalk,~ramp, and floating dock at Bungalow Lane, on Deep Ho!~ Creek, Mattituck, New York. 3:10 P.M. Application of Gerald P. ~Ginty for permission to construc~ floating dock and catwalk on Long Creek, at 355 Westview Drive, Mattituck, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman 141 142 MAY 18, 1982 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 pursuant to Article 8 of the Environmenzal Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold-Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Ellen M. and Eugene G.I Steigerwald for a Wetland Permit to construct catwalk, ramp a~d floating dock at Bungalow Lane on Deep Hole Creek, Mattiluck, 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. 8. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that pursuant ~o Article 8 of the Environmental Conservation Law State Environmenzal Quality Review and 6NYCRR Part 616, Section 617.10 and Chapter 44 of the Code of the Town of Southotd; 'notice is hereby given that the ,Southold Town Board, as lead agency;Lf~or the actio~ described beton, has determined that the. projec~;/~h~eh is unlisted, .~will not hav~' a 'sig'ni'ficant' e'ffe~t On' .the e'n~ Description of Action: App'lication of Patrick ca'rrig Rader Punch for a Wetland Permit. Approval is requested construction of a floating dock, ramp and catwalk on at 40 Beachwood Lane, 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 whick ~dlcated that no significant adverse effect to the environment ar[~ ly 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 Vote of the Town Board: Ayes: Justice Edwards, Councilma.n Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. 9. Moved by Jusmice Edwards, seconded by Councilman Murphy, it was (a) RESOLVED that the Town'Board of the Town of Southotd rescind their Resolution No. 13 of May 4, 1982 which reads as follows: "RESOLVED that the Town Board of the Town of Southotd hereby authorizes the execution of a maintenance agree.- ment between the Town of Southold and Savin Corporation for the Savin 775 Copier, Serial No. 2600407552, located at the Highway Departmen~ office. This contract will run from July 1, 1982 through June 30, 1983 at a cost of $500.00." (Explanation: Serial No. 266407552 is located at Police Headquarters. Vote of ~he Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman MUrphy, Councilman Murdock, Councilman NickIes, Supervisor Pell. This resolution was declared duly ADOPTED. ,~.. Moved by Justice Edwards, seconded by Councilman Nickles, it was ~:~) RESOLVED that the Town Board of the Town of Southotd hereby authorizes the execution of a' maintenance' agreement between the ~[?i~ Town of Southold and Savfn Corpora'tion for the S~'vin' 775 Copier, Serial No. 260O305734, located at the Highway Department office. This contract will run from July 1,~1982 to June 30, 1983 at a cost of $286.00. Vote of the Town Board: Ayes: Justice Edwards, Coun~cilma~ Townsend, Councilman ~[urphy, Councilman Murdock, Comncilman , Supervisor Pe!l. This resolution was declared duly ADOPTED. MAY 18, 1982 t43 SUPERVISOR PELL: It is now 3:30 ~nd I will call for a recess so we may hold three publi~hearings2~ ~ !~'~!~:.'i "~-;- ' Moved by Supervisor Pell, seconded by ~uncilman Nickles, it was RESOLVED that a recess be called at this time for the purpose of holding three public hearings. - 3:30 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, SuperVisor Pelt. This res01utfon was declared duly ADOPTED. 3:30 P.M., Reconvened public hearing on the wetland application of Enconsultants, $'nC. for Kathr'ine Fart to construct a bulkhead, floating docks and dredge at Greenpor~. 3:45 P.M., Public hearing on "2 Local Law' to' est'ablish a Landmark Preservation Commission and to Prescribe 'i~s duties'." 3:50 P.M. - Application of Kenneth Strachan, Jr. to construct a wal~vay over the wetlands at Orient. The Town Board remained recessed and an Executive Session was called at 5:00 P.I~. EXECUTIVE SESSION 5:00 P.M. - The Board discussed with Special Attorney Richard F'. Lark the wetland application and decision of the Board on same re: Kathr ine Farr. * * * WORK SESSION 5:15 P.M. - Trustees Pa.u't Sto~tenburgh, Frank KUjawski and John DiVelto met with the ~oard.to discuss their request to conduct an inventory and survey project to include bulkheads, docks, pilings knd moorings for one of the twenty-two creeks in the Town during the summer months. The project would be under the guidance of the Board of Trustees with direct coordinating responsibility to Frank Kujawski. The expect the budget for the project to be between $t,500.00 and $2,000.00, and would employ several Sonthold Town youths with training in this area from Corne!l University. Trustee Stoutenburgh advised the Board that the idea for this survey came as a result of a meeting the Southold Trustees had with the Southampton Trustees.--Councilman Nickles suggest the. Trustees star~ out small with the project and save money by doing the survey themselves.--The Trustees were asked to draw up a proposal of the project for submission at the June 8th meeting, using-a maximum of $1,500.00 to be expended on the program. 5:35 P.M. - ~r. Joe Henry, ~r. Ralph Wengler and Mr.'..~ichard Gi'lbride met with the Town Board to discuss the dog probl'ems in the Vil!ageOf Greenport. Mr. Henry stated that he has spoken with representatives of the Village and they are willing to do anything necessary to reach an agreement with the Town for the contracting of dog services.--It was pointed out to Mr. Henry that the Village of Greenport has their own leash law and it is their responsibility to enforce it, They should contract with the North Fork Animal Welfare League just as the Town does. The Town cannot force the League to enter into an agree- ment with the Village. However, Councilman Nit,les offered his services to try to work between the Village and the League to come to an agreement. The Town Dog Pound Committee is presently negotiating a new contract with the League and it is felt that matter should be settled first. 6:00 P.M. - Town Engineer Lawrence Tu'thitl met with the Board to discuss the forthcoming public hearing on 'June' ~5th a2 7:30 at the Town Hall to be held by the Flood Administration .concerning the wave height study for the Town. Mr. Tuthill stated there are still certain areas eas~ of Greenport, including Orient, and on the east side of Fishers Island that are still in contention and should be removed. ~. Tuthill feels his services to prepare for the public hearing hearing will cost,between $1,500.00 and $3,000.00 at a rate of $5.00 per hour. A resolution will be placed on the June 8th agenda allocating a sum not to exceed $~,000.00 for .Mr. TuthilI's serv ices. 144 MAY 18, 1982 REGULAR MEETING - RESDIIED at 6:15 V. RESOLUTION~ (Continued) i0. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that in accordance with-the recommendation of the Board of Sou~hold Town Trustees, the following creeks in the Town of Southold wiI1 be closed for 30 days during the month of June for the purpose of planting uncertified Clams: Gull Pond, Corey Creek', Hallock's Bay, and Broadwa~ers Cove, and be it further RESOLVED tha~ the Town Clerk be and hereby is ~uthorized to place notice in the official newspaper notifying the public of'the closing dates: Boardwaters Cove,Cutchogue-June 1, 1982 through June 30, 1982. Corey Creek, Southold-June 1, 1982 through J~ne 30, 1982. Gull Pond, Greenport-June 7, 1982 through July'6, 1982. Hallock's Bay, Orient-June 7; 1982 through July 6, 1982!. Vote of the Town Board: Ayesf Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nick!es, Supervisor Pell. This resolution was declared duly ADOPTED. 11. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold accept the bid of Edward Ehrbar, Inc. for furnishing and delivering one (1) used International. Model H-60E ArticUlated Payloader all in accord- ance with the specifications at the price of $55,000.00 (Bid price (a) $63,000.00, less trade-in allowance for certain equipment owned by the Town as described in the Notice to Bidders (b) $8,000.00.) Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 12. (a) Moved by Councilman Murphy, seconded by.Councilman Nickles;~it was RESOLVED that the Town Board of the Town of Southo!d hire~he following Seasonal Poti'c'e' Officers, effective May 18, !982~gh September 7, 1982, at $5.'00 per hour, AS NEEDED: William Sawicki, Raymond VanEtten, Kerry Klipp,i Alan Cze~a~ka, Michael Finnican. Vote of the Town Board: Ayes: Justice Edwards, Councilman ToWnsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 12. (b) Moved by Councilman Nickles, seconded by Jusvice Edw'ards,~t ~as RESOLVED that the Town Board of the Town of South°ld authb~e Claude Kumji~n, Radio Operator,' to be assign'ed, from time~ %ime, ~o perform police work as a 'Se'asonat Police Officer, at his ~resent salary, effective May 18, 1982 through September 7, 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. 13. (a~) 13. (b) Moved by Councilman Nickles, seconded by Councilman Murphy, ~it was RESOLVED that the Town Board of the Town of Southold allocate $1,400.00 from the Recreation Fund for the purchase of equipment for the GreenDort Little League. 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 RESOL%~D that the Town Board of the Town of Southold allocate $1,100.00 from the Recreation Fund for the purchase of equipment ($600.00) and pay electrical costs for overhead lighting ($500.00) for The Greenport Softball League (men & women). Uote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Petl. This resolution was declared duly AD~PTED. ~ (a) Moved~ by Councilman Murphy, seconded by Councilman Nickles, WHEREAS, the ~ttituck Fire Department was formed by a group of civic-minded citizens in April 1907 to protect lives and property ~ perils of fire in the community of Mattituck, and MAY 18, 1982 :~ 145 ~ lb) 15. (a) 15. 16. WHEREAS, in the 75 years since~D~p~tment has distinguished itself on hundreds of occasions, having evolved from one hand-drawn homemade ~gon into five active companies, a fire police company, and rescue squad, all fully equipped to save life and property from all ~ype of peril and emergencies, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby bestows recognition upon the Mattituck Fire Deparmment for 75 years of dedicated service to the community of Ma~tituck, 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. Moved by Justice Edwards, seconded by Councilman Nickles, WHEREAS, it is noted in 'April i982, the 75th Anniversary of the Mattituck Fire Demartment, that three living active members of the Department have served as Chief, namely, 50 year member and father Henry Tyler, son Charles Tyler and son Gregg Tyler, and WHEREAS, no other such family record is known in this area Of New York State, now, therefore, be it RESOLVED that the Town Board of the Town of Southold gives recognition to the Tyler family and the Mattituck Fire Department for their dedication to the fire service and to the welfare of the community that has been so ably served. 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 CoLmcilman Nickles, seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of Southold reaffirm their Resolution No. 15(a) of March 23, 1982, creating the pOSition of Executive Administrat'or to' the-SupervisOr and Town Board, and setting forth' the following job description: An employee that assists the Supervisor/Town Board in the planning and coordination of various departments within the Town. Under the general supervision of the Supervisor/Town Board the employee performs administrative studies and assignments to assist the Supervisor/Town Board in the manage- ment of departmental (Board of Appeals, Planning Board, Building) operations. The employee exercises considerable independent judgment and initiative within broad POlicy guidelines as established by the Supervisor/Town Board. Work is reviewed by the Supervisor/Town Board through consultations, periodic conferences and written reports, as requested by the Supervisor/Town Board and further assists the Super- visor/Toa~ Board in related work as required. The employee further administers a program of central administrative services. Drafts policies and procedures for the operation and coordination of the Building, Planning and Board of Appeals. Be a coordinator between the Supervisor/Town Board, Town Clerk, Town attorney, Building Department, Planning Board, Board Of Appeals, Deputy Fire. Inspectors and Board of Town Trustees. Emphasis is on the many administrative duties performed, leaving the senior building inspector free for departmental duties and for providing central services and coordina- tion between other Town Departments/Boards necessary for the efficient operation of the organization. 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. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town.of Southotd hire, at the pleasure of the Town Board, ~ic'tor G. LeSsard, Mattituck, New York, as ExecutiVe A'dministrator t'o the Supervisor/To~n Board, effective June 1, 1982, at a salary of $18,000.00 per annum. 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 Nickles, WHEREAS, the Town of Southold has ~equested the County of Suffolk to dredge a navigation channel in Richmond Creek, Town of Southold,and WHEREAS, the County Of Suffolk proposes ~o do said d~edging of Richmond Creek, in the To~ of Southold~ at a nominal cost to the Town of Southold; and MAY 18, 1982 WHEREAS, in order to accomplish said dredging, pians, specifications, agreements and other documents must be executed on behalf of the Town of Southold; now, therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to execute, on behalf of the To~ of S~uthotd, 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 Murdock, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Resolution No. 17, petition from the Village of Greenpor~ requesting the Town Board to exempt property in the Town from the levy and collection of taxes 'is' b'ei'ng held for study by the Town Attorney. 18. Moved by Justice Edwards, seconded by Councilman Murdock, 'it was 'RESOLVED that Supervisor William R. Poll, III be and he hereby is authorized and directed to contact the United States 'G~neral Services Administration, Federal Property Resources SerVices concerning:the Purchaseby the Town of Southcld of (a) ~ four (4) family brick dwelling and (b) a one (1) family brick dwelling located on Whistler Avenue, Fishers Island for proposed senior citizen housing. Vote of the Town Board: Ayes: Juslice Edwards, Councilman To~send, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pelt. This resolution was declared du~y ADOPTED. 19. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Boar~ of the Town of Southold he~e~ authorizes the Board of Commissioners of the~ Fishers Isla~ ~.err~ District ~o accept the b'id and enter i~to a 'c~ont~a'ct.with~W~a~g Cit~- Dred~e~ ~ Doc~' Cor~.,~ Groton, Connecticut for making doc~ '~ i repairs and construction of a new ferry ramp ai~its Fishers ~t~and Terminal ('known as lhe F'ishers' 'Isl'a~d' Capit'al' Pr'oj'ect~, ~S.-p~r~ specifications, at a contract amount of $219,300.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. ~ This resolution was declared duly ADOPTED. 20. Moved by Councilman Murphy~ seconded by Supervisor Pett~. it.:~as RESOLVED that the Town Board of the Town of Southotd 'a~'~e~t ~he bid of Sea'fare' 'Tr~adi'n'g 'C0'.,'~Inc. for supplying the.T0~n/w~ 500 bushels, more or less, of uncertified''ch'owde~' ~l~ms' f'or spawning' purposes at $8.75 per bushel. .Clams to be delivered to the Southold Town Highway Department, Peconic: 250 bushels on or about May 31, 1982, and 250 bushels on or about June 7,.t982. Vote of the. Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman M-arphy, Councilman Murdock. Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTE~. 2i.' Moved by Councilman Murdock, seconded by Councilman Townsend, it was (a) RESOLVED that the Town Board of the Town of Southold Waive the filing fee for Application No. 252 by Stephen' Shilowitz for a change of zone, due to the fact an error was made by the Town in processing his ~pplication No. 249. Vote.of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickies. Abstain: Supervisor Pelt. This resolution was declared duly ADOPTED. 21. Moved by Justice Edwards, seconded by Councilman Murdock, it was (b) RESOLVED that the Town Board of the Town of' Southold declare itself lead agency in regard ~o the State Environmental Quality Review Act in the matter of the applicatiOn of 'Stephen ShilowitZ for a change of zone (Application No. 25~) from "C" Light Industrial District to "M" Ligh~ Multiple Residence Distric~t on certain property located wes~ 6f Sixth Street, On Peconic Bay, Greenport, Town of Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman' Murdock, Councilman Nicktes. Abstain: Supervisor Peil. This resolution was declared duly ADOPTED. MAY 18, 1982 147 21. (c) Moved by Councilman Murphy, se~.~$~d~b:y Councilman Nickles WHEREAS,, Petltion No. 252 was ~eC~i~ed from Stephen Shilowitz requesting a change of zone from "C" Light Industrial District to "M" Light Multiple Residence Distri'~ on certain property located wes~ of Sixth Street, on Peconic Bay, Greenport, Town of Southold, New York, now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this application to the Southol~ Town Planning Board in accordance with Artixle XV, Section 100-150(b) o£ the Code of the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. Abstain: Supervisor PeI1. This resolution was declared duly ADOPTED. Moved by Supervisor Pell, seconded by Councilman Townsend, it was RESOLVED that the Town Board ~f the Town of Southold hereby author- izes the Southoid Senior Cit'iz'ens Club to hire three (3) buses at a cost of $900.00 to transport their group ~o Gurneys Inn, Montauk, New York on June 18, t982. ~'- Vote of the Town Board: Ayes: Justice Edwards, Councilman. Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Sb~ERVISOR PELL: Resolution No. '23 is being held for study by Highway Superintendent Dean and will be put o~--~e 'June 8th agenda. (Bid of Island Ford Tractor Sales, .Inc. for supplying one 1982 Kubota Model tractor with side mou~.) 24. Moved by Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the'Town of Southold accept the bid of Mullen Motors, Inc., Southold, New York for supplying the Town with ~wo (2) 1982 Dodge Ram D50 pick-up trucks at the bid price of $I3,670.00. Vote of the Town Board: Ayes: Justice Edwards, Councilmkn To%msend, Councilman Murphy, Councilman Mu~dock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nicktes, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes the' roi'towing transfer within the General Fund Part Town Account: From: Police, Contractual B3120.4-~---$11,500.00 To: Police, Equipment B3120.2 ....... $11,500.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nicktes, seconded by Councilman Murphy, WHEREAS, Enconsultanrs, Inc..Dh behalf of Kathrine Fart applied to the Southold Town Board for a' permit under the provisions of the Wetland Ordinance of the TOwn of Southold, application dated February 19, 1982, and WHEREAS, said application was referred to the Southold Town Trustees a.nd 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 20th day of April, 1982 and recessed to the 18th day of May, 1982, at which times all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Enconsuttants, Inc. on behalf 'of Kathrine Fart be granted permission under the provisions of the Wetland Ordinanc~ of the T~wn of Southotd for the construction of 13 ft. by 41 ft. sections of timber bulkhead with 5 ft. return on north side of configuration as shown on work plan filed with application, install floating docks of dimensions 70 ft. by 6 ft. (to be placed adjacent to existing bulkhead) and'40 ft. by 6 ft. (to be placed in front of proposed section of bulkhead), dredge an area 40 ft. by 20 ft. to 4 ft. below MLW and place resultant 35 cu. yd. on adjacent upland as backfill,~at west side ~nhanset Avenue, on Sterling Creek, Greenpori, New York. Purpose of project is to allow mooring of sailboats used for charter operation, PROVIDED application shall conform to all those conditions set forth in Permit No. 10-82- 0096 granted by N.Y.S. Department of Environmental Conservation, copy 148 MAY 18, 1982 Of which is on file in the Town Clerk's Office. Vote of the Town Board: Ayes: Justice Edwards, Councilman TownSend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pett. ~ This resolution was declared duly ADOPTED. 27. 28. Moved by S.upervisor Pell, seconded by Councilman Nicktes, WHEREAS, Kenneth Strachan, Jr. applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 24, 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 18th day of May, 1982, at which time all interested persons were give~ an opportunity to be heard, now, therefore, be it RESOLVED that Kenneth Strachan, Jr..be granted permission under the .provisions of the Wetland Ordinance of the Town of Southotd to cons~ruc~ a 240 ft. catwalk across the marshland To provide access to the beach at Orient Harbor, east of King Street, Orient, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~msend, Councilman Murphy, Councilman ~rdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Supervisor Pell, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold accept the adequacy of the repairs made to the tank on the propert~[~f No Number Naugles Drive, Inc. which was the subject of a public hearing on February 23, 1982 under Chapter 90 of the Code of the Town of Southold, "Unsafe Buildings". . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, CounCilman Nickles, Supervisor Pel!. This resolution was declared duly ADOPTED. Moved by Councilman Nick!es, seconded by Justice Edwards,~.~:~s come before RESOLVED that there being no further h~siness to Town Board meeting adjournment be called at 6:30 P.M. Vote of the Town Board: Ayes: Justice Edwards~ Councflman Townsend, Councilman Murphy, Councilman Murdock, Councilm~n Nickles, Supervisor Petl. This resolution was declared duly ADOPTED. Town Clerk