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HomeMy WebLinkAboutTB-07/07/1982t85 SOUTHOLD TO~.~rN BOARD JULY 7, 1982 LORK SESSION 8:00 A.M. - The Board met with Planming 'Board' Chairman Henry E. Raynor To discuss the Planning Board's recommendation for hiring a firm to updat'e the Mast'er Plan. Mr. Raynor stated, it is the concensus of the Planning Board that R'a~mOnd, Parish/ P'i'n'e & Weiner, Inc. be awarded the undertaking for this project. The projected cost by RPPW is between $69,000 and $76,000 and Mr. Raynor requested the Board. consider the method of funding so work can start immediately. Mr. Raynor was asked to contact RPPW for preparation of a contract and.a resolution for funding will be placed on the July 20th agenda. . .................. Mr. Raynor was asked his opinion on the p'rOpo'se'~ mor'~torium on major subdivisions and he said this was discussed aT length by the Planning Board and-it is their opinion e~erything is in control and presently-there is' not. a need for a meratorium. Mr. Raynor presented a ~2 month report on minor and major subdivisions submitted and approved. 9:10 A.M. - The Board audited o~ts'ta~nding' b'f!'ls. 9:30 A.M. - Began r'e'viewing 'a'gen~da. 9:40 A.M. - Mr. Weston and Mr. Vandernoth of C'Ie'~ves Pofnt met with the Board to discuss road' run-off on the North Road - Maple lane to Shipyard Lane, East Marion. It is the:iopinion of residents in Cleaves Point that a major cause of this run-off is from the Pebble Beach Subdivlsion, They have contacted the N.Y.S. Department of Transportation who made a study of the area and determined the drainage from the North Road is misdirected. They will make corrections in the area to direct the flow into the existing State sump. The Board Will transmit a copy of the D.O.T. letter to *he Pebble Beach Property Owner's Association and the Planning Board, and request the. Property Owner's Association to clean the swales in the subdivisfon which have become overgrown. 9:55 A.M. - Chief ~inters met with the Board an~ apprised them of police activities over the 4th of July weekend. He said there had been eight motor vehicle accidents, and only four individuals had been slighting injured. The Board commended the Police Department for the control of incidents over the weekend. 10:!0 A.M. - The Board resumed reviewing the agenda. 10:50 A.M. - ~ 'Richard Young and Mr. Larry Scudder 'of Long Island Cab!evision Corp. met with the Board to discuss CATV's plans to rebuild their lines between Eastport and Sag Harbor and Orient to Wading River - 650 miles of plant - whioh will be finished by the end of 1984. ~r. Young advised that the system has been stretched to the limits and doesn't think the number of service calls in Southold Town is any different than other CATV companies. Mr. Young stated that CATV would renegotiate contracts with the Towns and Villages affected before the system is rebuilt. If a satisfactory contracm cannot be negotiated, the system in that area will not be rebuilt.---Supervisor Pell stated that Southotd Town residents have bee~ put off far to long for the system to be rebuilt at a time just before the franchise is up for renewal. (A recess of the Session was called a~ this time so the Board could conduct a public hearing on the Reese Unsafe Building violation.) 11:00 A.M. - Recess '-' public' hear'ing - Unsafe B~i!ding ~iolation, Christine Rees'e, RonaId Reese', Harold Reese, Jr., Orient, New York. 186 JULY 7, 1982 11:40 A.M. - Work Se's'siOn resumed With Mr. Young 'and Mr. Scudd'er Of CATV. Mr. Scudder addressed the Board outling a package of new programing to be offered to the subscriber at an additional fee. Furthermore, before rebuilding the system, CATV will negotiate a new subscriber fee with the Town which will be considerably higher than the present $8.60, due to the new options which will be built into the system and offered to the subscriber. 1:00 P.M. - Recess 'for' lnnch. 2:45 P.M. - Work Se's'sion resumed. 2:50 P.M. - MRS.' Barbara Albertson and Mr. Albert Stone spoke on the matter of the proposed 7-Eleven Store.zo be opened on the corner of Route 25 and Locust Lane, Southoid. Councilman Nickles submitted photographs he took of the 7-Eleven Store site at Stony Brook. Also, Councilman Nickles had arranged a meeting a few days prior, .with the owner's of-the 7-Eleven Store to be located in Sbuthold, the Southland Corp., and residents of the area. Mrs. Albertson and ~r. Stone appealed to the Bokrd to deny 7-Eleven permission to open the store. Town Attorney Tasker pointed ou~ that au the present time, under the presenz code, the proposed use is a permitted use. 'Hrs. Albertson pointed out the area is a transitional zone and Mr. Tasker said that is not covered at. the present time by the ordinance, but could be addressed in the update of the comprehensive plan. Councilman Townsend suggested curtailing the business hours and adopting a game room ordinance. Councilman Murdock suggested the.residents not trade with 7-Eleven and hope they go out of business. Mrs. Albertson and Mr. Stone were advised that the building permit has been issued, and they have site plan approval-from the Planning Board, at which point they insisted the Town Board exert their authority (which ~s not permitted) and withdraw the permits and let the 7-Eleven owners sue the Town. They were a~vised the Town Board wou~d not do that. ~-~ . . 3:00 P.M. - A recess was called for the purpose of holdin~h_e following public hearings: 3:00 P.M. - "A Local Law providing for the taking in To~m waters." 3:05 P.M. - "A Local Law to amend Chapter 92 of the C~e ~f the Town of Southold in relation to traffic regulations.''-~ 3:35 P.M. - WorM-~ssion' 'resumed, and the*Board, continued-.~heir discussion with Mrs. Alb~rtson and lit. Stone conCe'rnfn~ the' 7-Eleven Store. To~m Attorney Tasker explained that .the Town Board ~delegates authority to the Planning:Board and Building Department and the Town Board has no jurisdiction, to interfere with their decisions. The Building Department has issued a building permit, the Planning Board has issued site plan approval, therefore the contruction of the 7-Eteven will proceed. 4:00 P.M. The Board 'r~snmed reviewing the agenda and 'offuagenda items. 5:00 P.}l. - Work Session .adjourned. REGULAR MEETING A R'egular.~e'et'ing of-the So~ho'l'd To~m Board was held at 7:.30 P.M.. Wednesday, July 7, '1~82 at the Southold Tows Hall, Main R-~, Southold, New York. Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence 5{urdock, Jr. Councilman Francis J. Murphy- Councilman Joseph L. Townsend, Jr. (.arrived at 8:00 Justice Raymond W. Edwards * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker JULY 7, 1982 187 Moved by Councilman Murphy, seconded by Supervisor Pell, it was RESOLVED that the.Southold Town Board minutes-of Regular. Meeting held on June 22. 1982, and Special Meeting held on June 29. 1982 be and hereby are approved. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Petl. This resolution.was declared duly ADOPTED. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the following audited bit'ls be and hereby are approved for payment: General Fund Who~e Town bills in the amount of $82,523.72; General Fund Part Town bills in the amount of $16,311.61; Highway Department bills in the amount of $21,615.33; Fishers Island Ferry District bills in the amount of $36,421.34; Fishers Island Ferry District Capital Account bills in the amount of $122,795.50; Federal Revenue Sharing bills in the amount of $3990.41; Capital Account - Land Purchase bills in the amount of $2408.82; Capital Account - Front End Loader bills in the amount of $98.17. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Supervisor Pc!l, seconded by Justice Edwards, it was RESOLVED that the next RegU!'ar Meet'lng of the' Southold Town Board will be held 3':00 P.M., ~Tue'sday, July 20,"1982 ~-~ t--~TSo-~o~-~ ~-~wn Hall, 5iain Road, Southold, New York. VoTe of the Town Beard: Ayes: Justice Edwards, Councilman Murphy, Councilman Nicklek Supervisor Pell Abstain:~ 'Councilman Murdock. ' ' This resolution was declared duly ADOPTED. I. REPORTS Sb~ERVISOR PELL: All reports are placed on file in the Town Clerk's Office. 1. Supervisor's June 1982 report. 2. North Fork Animal Welfare League, Inc. - June 1982 report. 3. Town Clerk's June 1982 report. 4. Highway Department's June 1982 report. 5. Fishers Island Ferry District - June 1982 report. 6. Town of Southold Blood Program - report on printed-stamped envelopes donated by Southold Town Board to Blood Program. 7. Councilmen's reports. Does any Councilman have anything they would like to report?' COUNCt~,~N MURDOCK: We have a Request for Proposal. A copy was sent to me from Dutchess County on a resource recovery project which comprises almost an inch of paper. They have a contract with IBM. IBM has a factory up there. They have conzract with IBM to buy steam and contract with an electrical company to purchase electricity, and puz it on co-generation and this is their Request for Proposal SUPERVISOR PELL: When do you think our request will be ready for the Board to review? COUNCILI~N MURDOCK: I don'~ ~know. I'm going to read this one myself before I give it to Bob and .I was going to ask him tonight about his time. He's been reading it and he's awaiting one from Islip which didn't come yet. SUPERVISOR PELL: Will you be able to make a report on how far along we-are on ours at the nexz Board meeting which you won't be at, but make in writing-prior to? COUNCILMAN MURDOCK: No. COb~CILMAN MURPHY: How big an area is this? COb~CiL~N MURDOCK: This is 400 tons per day. I think 170 thousand people. I just started reading it this morning when I finished work- ing on my agenda. SUPERVISOR PELL: Any other Councilmen have anything to report? COUNCIL~N NICKLES: I'll just report that negotiations with the North Fork Animal Welfare League are progressing and hopefully will go To a vote at the July 20th meeting to authorize the Super- visor to sign a contract if things progress as they have been. 188 JULY 7, 1982 (a) SUPERVISOR PELL: Any other reports? (No response.) The Supervisor has no report except progress on all fronts and a busy 4th of July weekend as the Chief so stgted when he was here this morning. II. PUBLIC NOTICES SL~ERVISOR PEI,I,: These notices are posted on the Town Clerk's Bulletin Board, and on file with the Town Clerk. !. Department of the Army, Corps of Engineers, application of Eugene & Ellen' Steige~vald for permit to construct a catwalk, ramp and floa~ at Deephole Creek, Mattituck. 2. Department of the Army, Corps of Engineers, application of Halsey A. Sta~'les to construct a bulkhead with backfill and dredging at Sterling Creek, Greenport. 3. N.Y.S. Department of Environmental Conservation, NotiCe of Complete Application by Ccstello Marine Contracting for ~ennet Kleinman for permission to dredge, truck away spoil to upland site, instali float with ramp at Spring Pond, south of Bayview Drive, East Marion. I I I · CO.~IMbLNICATIONS SL~ERVISOR PELL: These communications are on file in the Supervisor's Office and the Town Clerk's Office. 1. Request for a ramp on Long Island Sound by Philip V~ ~Orrado. 2. Problem in ~le'aves Point, Eas~ Marion from the PrOperty Owners Association about drainage. This will be s~nt to the Planning Board and the Pebble Beach Property Owners Association, and to the owners of the K~plan property. 3. Report from the Federal Emergency Ma'nagement' Agency on the number of flood insurance premiums we have and how many were paid last year. 4. Suffolk Cou'nty C'o~munity Develbpment Uonsortium Citizen Advisory Committee requesting recommendations of individuals 'to the Citizens Advisory Committee. 5. Petftion objecting to a proposed condomi'niknm to be loca-~ ~-~ Arshamomaque Pond opposite the Southotd T~wn 'Beach. 6. Letter from Ralph and Elinor Will~i'ams regarding the ~eer population in Orient. We will invite the DEC out here tO/i~< about it. 7. Letter from Harry P. Taylor relative to the National Flood Insurance Program. 8. Letter from The Long Island Rail Road advising they have been continuing review of possible schedule adjustments for their North Fork service. 9. Letter from The Seniors Club of Southold-Peconic, ~mc. commending the fine work-of Custodian Doug Clark. . 10. From R'ic'hard Foster on the moratorium to stop subdivisions~ His is only one of several ietters addressed to the Board and all are filed with the Town Clerk. SUPER¥1~OR PELL: Hearings we have a hearing tonight at 8:00 P.M. (Application of Stephen Shilowitz for a change of zone.) V. RESOLUTI(YNS Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold accept with regret the resignation o'f gean' H. Tiedke as Southold Town's rep- resentative on the Peconic County Study Committee, and thank Mrs. Tiedke for the many hours devoted to parzicipation on this Committee. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Resolution 1.(b) is out for the presenz time. (Appoint Southold Town representative to Peconic County Study Committee.) Moved by Justice Edwards, seconded by Councilman ~urdock, it was RESOLVED that the Town Board of the Town of Southold accept the bid of Wayne A. Moritz, ~lectrical Contractor, for supplying the To,Mn :wdth a new automa'tic generator for zhe Southold Town Police He~arters;~s~ p-~-i-~ s~-~~ions, at the bid price ~-~ $8,i~O;O0 which includes compieze installation. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Mum~dock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTEI). JULY 7, 1982 ~oved bv Councilman Murphy, se~oa~ed-~b~-~Jnstice Edwards, :' REAS; the Town of Southold CU Sn i' ,S0,000 oS 19sl Community Development Funds allocated to housing rehabilitation in the 7th, 8th and 9th Streez area; and ~EREAS, the Town Board desires to undertak~ a $10,000.00 street improvemenz project in this area in addition to housing rehab- ilitation, now, therefore, be it RESOLVED that the Supervisor be and he is hereby authorized to execute a budgev modifica'tion with Suffolk County which will transfer $10,000 from the housing rehabilitation project %o a new pro.jec~ for street improvemenrs. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED tha~ the TownBoard of the Town of Southold hereby authorizes Buildi'ng Inspector Edward F.. Hindermann to attend the annual New York State Building Officials Conference to be held at the Fallsview HoteI,.EllenvilIe, New York on'September 29, 30 and October 1, 1982, and the necessary expenses for travel, food, lodging and mileague shall be a legal charge against the Town of Southold in an 'amount not to exceed $250.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor P~ll. This resolution wasadec!ared duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Southo!d Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Mary Jane Gross for a wetland permit on certain property located on West Creek extension of Goose Creek, a~ 275 Sun Lane, S~uthold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pelt. This resolution was declared duly ADOPTED.- - Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the application of Oscar Goldin dated July 19, 1982 for renewal of a single family trailer permit on Lot #69, Greenport Driving Park, south side Linnet Street, Greenport, be and hereby is granted for a six month period. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, 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 Southold authorizes the ~ransfer of $3,500.00 from General Fund ~ole Town Revenues, A2801-Interfund Transfers, to: Programs for the Aging-A1973; AND $3,500.00 from Transfer to other Funds-A9901.9 ~o Programs for the Aging, Contractual-A8773.4 for Home Aid Program, and to be totally reimbursed by the County of Suffolk. Vote of the Town Board: 'Ayes: Justice Edwards,'Counci!man Murphy, Councilman Murdock; Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nicktes, seconded by Councilman Murdock, it was RESOLVED that the Town Clerk of the Town of Southold be and hereby is authorized to advertise 'for bids for 500 - 6 ft. studded steel T posts, more or less as may be needed. Vote of the Town Board: Ayes: Justice Edwards, 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 Clerk of the Town of Southotd be and hereby is authorized to' advertise for bids for 10,000 ft. of Snow Fence, more or less as may be needed. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickies, Supervisor Pell. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Clerk of the Town of Southold be and hereby is authorized to advertise for bids for 300 tons of Grade No. I 190 !1. JULY 7, 1982 Cayuga (or equal)Rock Salt delivered in bulk, more or less as may be needed. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. 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 accept the bid of Malvese Equipment Cbmpany~ Inc. for supplying the Town of Sou~hold with one (i) Ford 46tO Tractor with right side mot:t inter- starer a~ the bid price of Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COD~CILMAN NiCKLES: (Resolution No. 12) I've got a question on this one. Why are we going with Ballan instead of Otis Ford? (4 door 1982 Ford LTD Victoria sedan). JUSTTCE EDWARDS: ThEy can't deliver until. December--and it's an '83. COUNCILAiAN M5~DOCK: Yes, and it's $1100.00 cheaper than the '82. JUSTICE EDWARDS: $!t00.00 or $1000.007 COUNCILMAN NICKLES: $11,298.00 and $10,866.00. SUPERVISOR PELL: $500.00 cheaper. Ail right, take out your bid specs and see what he bid for. COUNCiL)~N NICKLES: Wasn't this discussed this morning? SUPERVISOR PELL: A 4 door 1982. The bid was for a 4 door 't982 or equal. JUSTICE EDWARDS: Now what's the difference between a'Ford ~n a d an LTD? Between a Victoria and an LTD? They're both V-~orias. SUPERVISOR PELL: Ray recommended this morning--he reviewOd~he b~&s-- and said ~o go with Ballan. TOW~ ATTORNEY TASKER: Are they both the same car? SUPERVISOR PELB: One's an '83 and one's an '82, Bob. TOW~ ATTORNEY TASKER: The same type, same model? COUNCILMAN ~URDOCK: One says a Ford LTD Victoria ~ door sedan and the other one says a Ford Crown Victoria. TO~'~ ATTORNEY TASKER: He's ~cking the higher priced car. COUNCIL~AN MURPHY: Ballan says delivery by August 1st. JUSTICE EDWARDS: ~t's $400.00 difference. COL~CIL~N NIC~I,ES: t think for 30 days we are going to spend an extra $400.~0. I think there has to be a better reason than that. JUSTICE EDWARDS: What's the difference in mileage taking it to Quogue and taking it to Greenport for the warranty work and so!forth. COUNCIL~N ~RDOCK: They do most of the work in-house anyway. COUNCIL~N MURPHY: T~are's no big deal on that. COUNCIL~N NICKLES: I think I was ou~ of the room this morning, did any of you fellows question him on this? COUNCILMAN ~RPHY: Yes. He said that this was an '82 and the other one couldn't be delivered until Sepvember. JUSTICE EDWARDS: It doesn't say when in September, it could be two months difference. ~OWN ATTORNEY TASKER: Does the bid specify whe~ delivery is? COb~CI~MAN MURPHY: By August 1st. JULY 7, 1982 TO~%~ CLERK TERRY: Delivery on the"'83' is September. Delivery on the '82 is August 1st. TO~VN ATTORNEY TASKER: What did the bid requirements call for? COb~CILMAN-MURPHY: The requirements said delivery by August 1st, 1982. Wheel base 114 inches, air conditioning, tinted glass--- TO~%~ ATTORNEY TASKER: You get a newer car,- a car a year newer for $500.00 less and you're rejecting it? COUNCIL~N NICKLES: The Only difference I see is that the specs call for deliver by. AugusT 1st and the other one is September. There has To be a good reason. I don't think the Town Board has the prerogative to reject the lowest bidder without some--- SUPERVISOR PELL: Let's wait and talk to Mr. Dean. We'll wait on this one until .... COLm.[CIL~N MURPHY: Let's see if the cars ~re the same, Bill. SUPERVISOR PELL: Well, we don'~ have Ray here to explain why he said this today and we will just wait until we meet again. We have time, we just opened these bids and have 45 days. JUSTICE EDWARDS: Maybe go to Ballan and see what he would charge for the same model. COUNCIL~N NICKLES: I don't think we can do that. We went to bid and that's it. If we have to bid again then we'll go out to bid again. Once we've got the bid we either accept one of these bids or reject all of them-and then go out to bid again. We can't go back and negotiate. SUPERVISOR PELL: Number 12 we are going to wait on. Moving on to Number 13. Moved by Councilman Murdock, seconded by Councilman Nickles, ~VHEREAS, ~nights of Columbus Marian Council #3852, Cutchogue, New York has applied to the Town Clerk for a Bingo Licen'se, and Wt~REAS, the Town Board has examined the application and after investigation, duly made £indings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as required by law, and it is further RESOLVED that the Town Clark be and she hereby is directed to issue a Bingo Licen'se to Knights of Columbus Marian Council #3852, Cutchogue, New York. Vote~of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 14. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold allocate $1,200.00 from the Publicity Fund for the payment of ~'ostaKe for the Southold' To%~ Promotion C'dninit~ee. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock. Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 5. Moved by Councilman Nickles, seconded by Councilman Murdock, it was '~ RESOLVED that the Town Board of the Town of Southoid amen'd Highway Item I DR5t12.4 'of the 19~2 ~udget in accordance with Consolidated Highway Improvement Program as directed by New York-.State Department of Audit and Control. The budget amount of $76,974.00 should be correctly assigned to DR5t12.2. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 16. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold authorizes the transfer.of $11,620.00 from Item I Unexpended Balance to Highway Improvement Contractual DR5112.4. 191 192 JULY 7, 1982 17. 18. 19. 20. 22. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman~Murdock, Councilman Nickles, Supervisor Pell~ This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVEb that the Town Board of the To~, of Southold approves the transfer of the follo~i~g funds within the Fish'ers Island Ferry. District 5982 Budget: From: Operations Ferry - $4,544.00 and Lengthening Olinda - $120,000.00-Total $124,544.00, To: New ~ork Sta~e Retirement - $4,544.00 and Capital Projects - $120,000,00- Total $124,544.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman M~rdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman MurphY, seconded by Councilman Murdock, it Was RESOLVED that the Town Board of the Town of Southo!d authorizes the transfer of $150.0~ within the Federal Revenue Sharing BudFet from CF9901.9 to CF9015.2 - Generator. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Nickles, WHEREAS, a petition was received from Nicholas Schi'ck request.lng a chan~e of zone on certain property at Orient, New York, said petition for a change of zone from "A" Residential and Agricultural District to '!M-I" General Multiple Residence District, now, there- fore,be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to 'transmit 'this appl'ic'ation to 'the Planning Board in accordamce with Article XV, Section 100-!50(B) or'the Code of the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, 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 Southold Town Board deal:are 'it's'elfLe'adi:3~!g~'cy in regard to the State Environmental Quality Review matter of the application of Nicholas Schick for a chan~e of zone from "A" Residential and Agricultural District'to "5~-!" Geaer~al Multiple Residence District on certain property located at Orient, New York, and request the submission of a long Environmental Assessment Form. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock; Councilman Nickles, Supervisor~Petl. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Reso'l'uti'on No'.' 21 is being held for further discussion with Planning Board Chairman Henry Raynor. (Accept $6,600.00 from developers of Greenbriar Acres in lieu of Park and Playground area.) Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town.of Southold will hold a public hearing at..the Southold. TownHalt,..Main Road, Southold, New York on the 20~h day Of July, I982 at 3:30 P.M., at which time and place all interested persons will be given an opportunity to be heard upon the following matter:. ~A.Local LaW-tO Amend' Chapter 92 of the Code of the Town of Southold in relation to Trafffc Regulations", which reads as fotlows: LOCAL LAW NO. - 1982 A Local Law to amend Chapter 92 of the Code of the Town of Southold in relation to traffic regulations. BE IT ENACTED by the Town Board of the Town of Southold as follows: Article IV of Chapter 92 of the Code Of the Town of SouthOld is hereby amended as follows: I. By amending Section 92-41 thereof by adding thereto the following: Name of Stree~ Side Location Youngs Avenue East At Southold from the southerly curbline of Roume 25 southerly for a-distance of 18! feet. JULY 7, 1982 Equestrian Avenue Northwest' ~?~'~hers Island between Fishers Island Electric Company utility poles Nos. 28 and 29. II. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Councilman To%vnsend arrived at 8:00 P.M. Moved by Justice Edwards, seconded by Councilman Murdock, WHEREAS, the Southold Town Board held a hearing ar 11:00 A.M., July 7, 1982 in the matter of Notice to C'hrist'ine 'Reese, Ronald Reese and Harold Reese, Jr. pursuant to Chapter 90 of the Code br the Town of Southold relative to a strucvure located on the northerly side of Wain (.State) Road, Orient, New York, which was determined to be s~ructurally unsafe and dangerous by Building Inspector Edward F. Hindermann, now, therefore, be it RESOLVED that as a result of said hearing on July 7, 1982, the Southold. Town Board has determined that the structure owned by ChrisTine Reese, Ronatd Reese and Harold Reese, Jr. has been made- s~ruc~urally safe and is no longer dangerous or constftutes ~ hazard ~o safe~y by reason of inadequate maintenance, dilapidation, and abandonment. In particular, the aforesaid owners have caused the windows, doors and roof of the building to be boarded up 'and as such does nor constitute an attractive or dangerous situation to health and safety, and it is further RESOLVED that as a condition of this determination, the Town Board orders that a sufficient number of "No Trespassing" signs be erected on and around the building as a measure of safety for the residents of the Town of Southotd, and said signs shall be erected within ~en (10) days from this date, July 7, 1982. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~send, Councilman Murphy, Councilman Murd6ck, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 193 Mo~ed by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, a proposed Local Law No. 4 - 1982 was introduced at a meeting of this Board held on the 22nd day of June, 1982, and WHEREAS, a public hearing was held thereon by the Board on the 7th day of July, 1982, at which time all interested persons were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED that Local Law No. 4 - ~982 be enacted as follows: LOCAL LAW NO. 4 - 1982 A Local Law to amend Chapter 92 of the Co'de of the Town of Southold in relation ~o traffic regulations. BE IT ENACTED by the Town Board of the Town of Southold as follows: Article tV of Chapter 92 of the Code of t~e Tow~ of Southold is hereby amended as follows: I. By amending Section 92-30 thereof (Stop Intersections) by adding thereto the following: Direction At intersection Location Name of Street of Travel with (Hamlet) Soundview Avenue Eas~ Kenney's Road Southold Soundview Avenue West Kenney~s Road Southold II. By amending Section 92-41 thereof (Prohibited Parking) by adding thereto the following: Name of Street Side Hor~on Lane West County Route 48 North Location At Southol~ from the extension easterly of the northerly line of County Route 48, northerly for a distance of 60 feet. At Southold from the extension southerly from the wesmerly line of Horton Lane, wes~erly for a certain hours) by adding thereto the follow~ng: Name of Streev Side Between the hours 'of Budd's Pond Road Both 10:00 p.m. & 7:00 a.m. distance of 200 feet. III. By amending Section 92-42 thereo£ (Prohibited Parking during Loca'tion In Southold from the guard rail at the southerly terminus, northerly for a distance of 100 feet. 194 JULY 7, 1982 25. IV. This LOcal Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards,.,Counci!man Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Murdock, WHEREAS, a proposed Local Law No. 5 - 1982 was introduced .at a meeting of this Board held on the 22nd day of June, 1982, and WHEREAS, a public hearing was held thereon by the Board on the 7th day of July, 1982, at which time all-interested persons were given an opportunity to be heard mhereon, NOW, THEREFORE, BE IT RESOLVED that' Local Law No. 5 -1982 be enacted as follows: LOCAL LAW NO. 5 -5982 A Local Law Providing for the Taking ~f' Shellfish in Town Waters. BE IT ENACTED by the To~vn Board of the Townof Southold as follows: Article II of Cha~ter 77 of the Southold Code is.hereby amended as follows: L Section 77-200 thereof is amended to read as follows: This Article shall be known as the "Shellfish Law of the Town'of Southold". ti. A new Section is added thereto, to be Section 77-200A, to read as f~llows: § 77-200A. Purpose It is the purpose and intent of this article to provide for the protection. preservation and the proper use and maintenance of'town waters and lands under ~ovm waters, to minimize damage thereto and to enhance their use for the propagaiion of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southotd. ITL The term "Shellfish" contained in Section 77-201 (Definitions)'is ~saznended to read as follows: SHELLFISH- Clams, scallops, oysters, blue clzw crabs, mussels, peri- winkles and conchs. IV. Section 77-201 (Definitions) is amended by addLng the following: TAXPAYEP~ - A person who owns real proper~y as shown on the ~ssessment roll of ~he Town of Sou~hold. V. Subdivision A of Section 77-202 is amended t~ read as follows: A. Shellfish may be ~=~en from town waters for commercial purposes by a permanent resident over the age of fourteen (14) years upon firs~ obtaining a commercial shellfish permit therefor from the Tovzn Clerk of the Town of Southold. %ri. Subdivision C of Section 77-202 is amended to read as follows: C. Shellfish may be taken from tov~n %vaters f. or non-commercial purposes by a permanent resident or taxpayer upon first obta~a~Jng a permanent resident or ta.~:payer's permit therefor from the Town Clerk of the Town of Sou~hotd. VII. Subdivision D of Section 77-202 is amended to read as follows: D. Shellfish may be taken fr'cm town wa~ers for noncommercial purposes with- out oUtaznLn~ a permit therefor by a guest ~vhen accompanied by a permanent resident in ,¥'hose dwelling such gues~ occupies living quarters, provided that such permanent resident is the holder of a valid shellfish pern~it. V~i. Subdivision E of Section 77-202 is anzended to read as follows: ~ _,No person not a permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident shall take shellfish in any manner at any tizne from town waters. ~X. Section 77-202 is amended by adding a new subdivision, to be subdivision G, to read as follows: JULY 7, 1982 195 G. Shellfish may be taken frorri~ to~vn 5valets for noncommercial purposes by a permanent resident under the age of fourteen (14) years without obtaining a permit therefor. X. Subdivision A of Section 77-203 is amended to read as follows: A. The fee for a commercial shellfish permit shall be five ($5.00) dollars. Effective on and after January 1, 1983, the fee for a commercial shellfish permit shall be fifteen ($15.00) dollars. Such permit shall expire on December 3i of the year of issuance. if!. Section 77-203 is amended by adding a new subdivision, to be subdivision C, ..... and fcic/feting the present subdivision C to subdivision P. C, The fee for a permanent resident or taxpayer shellfish permit shall be one ($1.00) dollar. Effective on and after January !, 1983, the fee for such permit shall be three ($3.00) dollars. Such permit shall expire on December 31 of the year of issuance. Subdivision B of Section 77-204 is amended to read as follows: B. Subject.to the provisions of this section, during the period fr6m the first %ionday after the third SUnday in September to October 9 in each year, both dates inclusive, not more than one-half (1/2) bushel of scallops may be taken from tov;n wa~ers in any one (1) day by hand or with a scalp net. ~.~'rrT Subdivision D of Section 77-204 is amended as follows: D. Subject to the provisions of this section, a. permanent resident, a taxpayer, a temporary residenL or a guest, when accompanied by a permanent resident, may take from town wa~ers no~ more than one-half (1/2) bushel of scallops in any one (1) day for other than commercial purposes. Subdivision E of Section 77-204 is amended to read as follows: E. Subject to the provisions of this section, not more than five (g) bushels of scallops may be taken from tov;n waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupy~]g the sBme boa~ may ~ake, in the aggregate, not more than ten (10) bushels of scallops in one (1) day for commercial purposes. XV. Subdivision D of Section 77-205 is amended to read as follows: D. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident may take not more than one hundred (!00) clams from town walers in one (1) day for noncommercial purposes. X\?I. Section 77-205 is amended by adding a new subdivision thereto, to be sub- di%~ision E. to read as follows: E. Not more than one thousand (1,000) little neck clams may be taken from town waters for commercial purposes in any one (!) day by any one (I) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than two thousand (2, 000) little neck clams in one (1) day for commercial purposes. ~ XVIi. Subdivision D of Section 77-206 is ~mended to read as follows: D. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from town waters in any one (1) day for other than commercial purposes. XVIII. Subdivision B of Section 77-207 is amended to read as follows: B. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident, may not take more than one'half (1/2) bushel of blue claw crabs from tovzn waters in any one (1) day for noncommercial purposes. Subdivision A of Section 77-208 is amended to read as follows: 196 JULY 7, 1982 26. A. A permanent resident, a taxpayer, a temporary resident, or a gues~ accompanied by a permanent resident, may not take more than one (1) bushel of .. mussels from ~own waters in one (I) day for noncommercial purposes, Y-~. A new Section is added thereto, To be Section 77-211 A, to read as follows: ,,-~11 A. Dredges and scrapes Except as permitted by Section 77-204, subdivision C of %his article, the: use of a dredge, scrape, ell dredge or similar device towed by a boai operated by mechanical power or other means is prohibited in town waters. XXI. This Local Law shall take effect' August 2, 1982. Vote of the Town Board: Ayes: Justice Edwards, Councilmzn Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Supervisor Pell, seconded by CounCilman Murphy, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing in-the matter of the application of Stephen Shilowitz for a change of zone at Greenport. Vote of the Town Board: Ayes: Justice Edwards,. Councilman Townsend, Councilman Murphy, Councilman ~rdock, Councilman Nickles~ Supervisor Peil. This resolution was declared duly ADOPTED. Meeting reconvened at 8:05 P.M. Moved by Councilman Murdock, seconded by Councilman Nickles, %%~EREAS, Stephen Shi'l'owitz. by application dated May 12, ~82 petitioned the Town. Board of the Town of Sou%hold for a ch~mgq ~f zone on certain property situated at Greenport; Town of Southold, New York, ~from "C'" Light Industrial' DistriCt' Light Multiple R~esidence District, and WHEREAS, th~ said petition was referred to the Southo!d Town Planning Board and the Suffolk County Department of Planning for official recommendation and report, and %VHEREAS, the Town Board, pursuan~ to due notice, held a public hearing thereon on the 7th day of July, 1982, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ~grants SteDhen Shilow~tz the relief demanded in said petit'iO'n f'or a change of zone from "C" Light Industrial District to "M" Light Multiple Residence District on certain property situated at Greenport, in the Town of Southold, New York. and more particularly bounded a~d described as follows': BEGINNING at a point on the southerly boundary-line of Village of Greenporr on the westerly line of land now or formerly of Harvey, being the southeasterly corner of the upland portion of land about to be conveyed to Shilowitz; thence along said land now or formsrly of Harvey S.29°05'40"W. 0.39 feet: running thence through the waters of Peconic Bay, three courses: (.1) S..43°30'~W. 100 feet; thence (2) N.46°30'W. 340 feet, more or less; thence (3) N.33°43"20"E. I©~ feet, more or less, to land now or formerly of Braun; thence along .said other land about to be conveyed to Shilowitz, S.46~30"E. 355.53 feet to the point of beginning. (Amendment-No. 115) Vo~e of the Town Board: Ayes: Justice Ed%~ards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. Abstain~ Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Does any Board member have anything else they would like to bring up? COUNCILMAN TOWNSEND: I'd just like to express my apologies. I misread the hearing time as ~he meeting time, so I was here late. JULY 7, 1982 197 Moved by Justice Edwards, sec~ded by'~C6uncilman Murphy, it was RESOLVED that there being no further business to como before this Town Board meeting adjournment be called at 8:1© P.M. VoTe of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED.