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HomeMy WebLinkAboutTB-10/20/1981374 OCTOBER 20, 1981 'SOUTHOL~'TOWNBO~RD EXECUTIVE SESSION 9:00 A.M. - The Town Board met with Employee RelatS0ns Consulgan~ Charles E. Graves concerning the '1'98'1~-8'2'PB~' C'o'ntr'~ct. * * * WORK SESSION 10:05 A.M. - Marie Bauer John's~n,~Presi~ent of the So'ut'hold Town Youth Projection, Ibc. and' James McMahon, Youth CoordinatOr spoke to the Board concerning the request.of Southotd Town Youth P~oje6tion, Inc. that the Town relieve 'th!em Of the necessity Of/rePaying t'~el remaining $1825.00 ~ 'Town to th'em-a~alnst ~heir SDPp III Grant to meet the salary payments of their dir~Ctors~ Mr. McMahon said the equipment, which is used by the senior~:~nd'you2h alike, is starting to wear and the money raiSed (approximat~el-y $1;:~0.'Q0) during various fund raising events will not.Pay'~he,'debt to thel~wn as Well as repair the equipment.--Councilman ~urd~ck Said the original grant ~'~ which was applied for by Martin Surer was to establ~ish t~ program, not carry it and the Town has not added.to the ~rogTam-in any way. Councilman Nickles suggested that the sum. of .$2000.00 whiCh-waS :moved ~ut of one line item in the proposed 1982 budget-be put into a new line item for the Southold T~wn Youth Projection,-Inc., stance ~he seniors and youth are both using ~the.equipment. He further Saggested that a transfer be made' in the 1981 budget from excess f~unds fh~o a new line: item for the STYP and eliminate the debt. 10:35 A.M. - President John A. DeFitippi.and~ Hydrogeotogist' Craig A. Werle of ERM-Northe'a'~, ~ea-~-6-~re-the. Bo~rd' to offe~ir services as environmental consultants. They are th~ firm selected by the County of Suffolk to prepare the water suppl,-study on the North Fork - the entire towns of Riverhead and Southold. Mr. DeFilippi explained that in the past he was heavily invOtved~in the engineering of Dr. Lee Koppelman's 208 Study. 10:50 A.M. - Insurance Consultant William Nulten met with the Board to discuss the proposed insurance speci'f~i'ca~ions' for 1'982. Letters will be going out to eight loca~ insurance brokers asking~for proposals. Opening of the proposals will be 10:00 A~M.-, November 30, 1981. _ ~ EXECUTIVE SESSION ll:15 A.M. The Board met again with Employee Relations Consultant Charles E. Graves concerning the' 1'98'1-82 PB~ 'C~ntra'ct. WORK SESSION 11:35 A.M. The Board began reviewing the agen'da. OCTOBER 20, 1981 EXECUTIVE SESSION - '375 11:45 A.M. - Lydia Tot0ra of the Mattitn'ck' Inle't: 'AdViSory COmmittee spoke with the Board about the po§sibilities of acquiring properzy on Mattituck Inlet. * * * WORK SESSION 12:05 P.M. - The Board resumed re'vie:wfn'g t'he ~ge'n'da. 12:15 P.M. - Recess for'lunch. 1:45 P.M. - The Board resumed reviewing 2:20 P.M. - Work session concluded. Some of:.the-Board members Went' 6n an inspection of the Sfte of applica'tiOn':fOr' a'tra'iler permit'by the First Bapt'ist 'Chu'rc'h O'f C~t'chogue on County Route 48. A regular meeting of the Southold-Town Board was held on.. Tuesday, October 20, 1981 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 3:00 P.M. with the Pledge of Allegiance to ihe-Flag. Present: Supervisor William R. Pell, III Councilman Henry W. Drum - - Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy * * * Town Clerk J~dith T.. Terry Town Attorney Robert W. Tasker Highway Superintendent R~ymond. C. Dean Absent: Justice Francis T. Doyen On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the minutes of the 'Southold Town Board meeting of October 6, 1981 be and hereby approved as submitted. Vote of the Town Board: Ayes: Councilman MurPhy, Councilman Murdock, Councilman Nickles, Councilman Dr-um, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by. Councilman'~Murdock, it was RESOLVED that the next' regular' meeting of the Southold Town Board will be held at 7:30 P'.M., Tuesday,-November'.lO, 1'981 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy,~ councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted... I. REPORTS SUPERVISOR PELL: The following reports will be placed on file in the Town Clerk's Office is anybody wishes to review them, they can do so at the Town Clerk's Office. 1. North Fork Animal League (September 1981). 2. Justice Tedeschi's report (September 1981)~ 3. Judge Richs' report (September 1981). 4. The Tax Assessor'.s monthly report from Mr. Moisa (Sept.1981). 5. Long Island Cablevision monthly-report (September 1981).- 6. At this time the Councilmen'will make their report. Councilman Murdock--- ~OUNCILMAN MURDOCK: This morn.ing we had a 'meeting in our Work Session with representatives from the firm called ERM-Nort'heast, which is a firm who are environmental consultants. They purport to be the firm that will be hired to do the study for the County Public Health Service on options about providing fresh water for the'North Fork. They say they will be working closely with us during their deliberations on the best way to ser~ve .the No~th Fork. We should hear more from them in the future. Thank you.,. Bill. 376 OCTOBER 20, t981 S~ERVISOR PELL: Thank you. Any other CounCilmen wish to make a report? Councilman Drum? (No report.) Councilman Nickles? (Nothing.) Councilman Murphy? (Nothing.) The Supervisor. 0nly thing he has to say is he has met with the Riverhead Town counterpart and we are arranging to set up a -meeting between our ~wo ~oards to discuss the problems we both have with our town landfill, A date has not been confirmed yet. II. PUBLIC NOTICES COUNCILMAN NICKLES: The following notices are on file with the Town Clerk. 1. Application for a groifl field at Peconic Bay in Mattituck by Arthur Sarkesian. Response date is October 29th. 2. Application by. Patrick Carrig for Anthony and Violet Tamburrino to construct a timber bulkhead and backfill at Cedar Beach, Southold. Comments by November 5th. 3. Notice of Complete Application by Rudolph M. Kammerer, Suffolk County Department o~ Public Works to dredge Richmond Creek. Comments by October 22nd. 4. Replacement of the New 'Suffolk Avenue Bridge over West Creek. Comments by October 30th; --5. Notice from the Suffolk County So'lar''Energy' CommiSsion that they are having a seminar at 9:00 A.M. to 1:15 P.M. on October 29th at Brookhaven Laboratory. III. COMMUNICATIONS SUPERVISOR PELL: The letters placed on your agenda today~ 1~ The first one is reference to jet't'fes'at' 'C'e'dar 'Beach. Two studies are being done. One by Professor Walter Smith and one by the County Department of Public Works. They should be done within the next two months according to'Greg Blass who called today and we will then con~ider the ]~ities thai the people are requesting do~n there. ..(Letter fro~'P~UZ..Birm'an.) 2. Relative to the New Yor'k ~Fl'ood telling us they are still working on Southold ~Town. We haven't come to an agreement yet on anything. (Letter' ~rom 'Fe'de~al Emergency' Mana'gemen'l 3. Letter from Gregory Bla'ss whorepresents, the East End asking our thoughts on putting, the'.Mo'l'or Vehicle 'Office in Southold Township in the Town 'Cl'erk"'s Office. The Town Board, even though we realize it would be a great help to the local people, will respond with the thought that (1) we do not have the room, (2) do not have the tra£ned personnel, and (3) the cost to the taxpayers to Southold Town would be great. Now, if they want to come up with giving us room and personnel we'll ~alk to them, but under the present concept we're taking a negative view. 4. From my counterpart (River:head s~pervis'o:r'.'Joseph Janoski) in Riv~rhead Township suggesting a meeting between the two ~owns. -As I said.before, the..date has not been set yet. (re: d'i'Sposal' Of' mun'i'~:ipal' s:o'l'id'.'w~ste~) 5. From the '$outhol'd Town You'th 'Projectfon..committee which operates out of..Peconic Lane. The Town has advanced them the sum of $1825.:00 and they have come-in to talk to the Town to ask if the Town could not hold them accountable for pkying the Town back their money. Their budget is tight. The Town Board is going to review it tomorrow when we go to work on our budget for the township and see what we can do. - - 6. Letter informing us--the M~ttituck Inlet ~dvis0ry Commitgee keeping us.informed of What' they WoUtd' 'l'i'~e :to'see 'do'ne up there.' 7. 'Letter to George''Fisher; Building Inspector (from Town Attorney Tasker) saying that the New York State Governor has signed into law on July 2tst, 1981 a law pertaining to the 'Fi're Pr'erect'ion ~nd Building Code Act. Something that I will go-over with George. ~nd it does affect the township very much. It's a phasekin, law. If we do not have a..fire code by ApriI 1, 1982 we will become under the State Fire Code. If we have one we have until 1984 to amend ours to agree with theirs. Quite a complicat'ed law,-if 'you can see '~the pages here. We have to review ii and we will do that in the next week or two. 8. From the' Laughing Wa~t~er' PrOper't:y 'owners ~ssoc'i'a't~ion pertaining to land down-there.~that seems to be getting ~''jun~ Cars on etc. This is not the' fi'rst.time this hascome up to this It has come up before. We have asked.that it be the Zoning be enforced down there and we will go after-t'hem'~ga&n.--This is not the first, time this problem has come up.- . . 9. Letter from ourC'o~n't'y Exee..saying that we: m'i'ght reC'eive a I2% reducti'on 'in f'edera:~ revenue ~har'ing fu'ffd~ and he suggests that we write our congressman and prote'St' about it. We have a hearing scheduled today at '3:30 so:we will pass-that until the proper time, and move on to resolutions. V. RESOLUTIONS On.motion of Councilman Murphy, seconded by C0unc~lm~ Nickles, it was RESOLVED that pursuant to Article 8 Of the Environme~'tal Conservation Law State EnvironmentaI. Quality Review 'and 6NYCRR Part. 617, .Section 617.10 and Chapter 44 of the Code of the-Town Of ~o~thol~; notice is hereby given that the Southold Town Board,..as lead agency fbr'2he: action described..below~ ,has de~e'rmined-.tha~..~h~..project, which is unlisted, wi'll''n'ot h~ve 'a' s'ign'i'fi'C'an~: ~'ff~c~'..bn'.%'h~..e~Vi~onment.' · - Descriptio~ of Action:... Application of' Wi~li'am Tsigak'os '~nd Per'er Brountzas 'for a cha'nge b'f ~one from '"'A" 'Resmdent~al and Agricultural District to '-"B" Light Business-District on C~rtain--property on the south side of County Route '48, Greenport, New YOrk. The project has been determined not-to: have a significant effect on the environment for the following reasons: ~n environmental asses'sment has been submitted :which indicated tha~ no significant adverse effect.to the environment are likely to occur should the project be implemented as planned. Because there has been no response ~n.the allotted'time from the New Yore State Department-of Enviro~men.tal Conservation, it is assumed tha.t there is no objection nor comments by that agency. Vote of .the Town Board: Ayes': Councilman. Murphy,'Co~ncilman Murdock, Councilman Nickles-, Councilman.Drum,. Supervisor Pell. This resolution was declared du~ adopted. o On motion of Councilman ,Nickles, seconded by Councilman Murphy, i% was RESOLVED that pursuant to Article 8 of the EnViro.nm&ntal Conservation Law State Environmental Quality Re~iew':and 6NYC~R part 617, Section 617.10 and Chapter 44 of the Code of the Town of.South01d, not~ce is hereby given that the Southold Town Board, 'as lead agency for %he action described below, has determined that. the-.Project,'which is unlisted, will not have a 'signi'f:icant 'effect .0'n ~he environment. Description of Action: Application of 'Anthony' 'J. DeMaula and Dorothy A. DeMaUla for a Change O'f zone from "A" Residential and Agricultural Dist~ct to "C" Light Industrial District on c'ertain p~o'pe~ty on the 'easterly side of North Drive (private road), on ~ttit~ck ~reek, Mattituck, 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 ~hich indicated that no significant adverse effect.to the .environmenI are likely to offuc 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 cpmment's by that agency. Vote Of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum,-Super.visor-Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded Councilman 'Murdock, it was RESOLVED that pursuant to Article 8 of the Environmen~l 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 hereh.y given that the Southold Town Board, as. lead agency for the action described below, has determined that theproject, which.is unlisted, wi'll'no't'have 'a's'ignifica~'t' e:ff'e'c't..'o'n'.:t'he:en¥i'r'onment. Description of Action: ~pplica'tion no. ~3' of Fran'k.'Fran'Mo'la fOr"a 'wetlan'd permit to construct 320 fee~ of timber :bullhead'and backfill with 150 yards bank~un sand from ~pland'source.on'his property located at south side Glenn Road at dredged boat basin off Goose Creek, SOuthotd, New Yor~. ' 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. 378 OCTOBER 20, 1981 ~ . -' " Because there has been no response in theallotted time from the New York State Department of Environmental Conserva'tion, .it is assumed that there is no objection nor comment's by that agency. 7O~e of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum,. Supervisor Poll. This resolution was declared duly ~dopted. 4. On motion of Councilman ~lurdock, seconded by Councilman Drum, it'was RESOLVED that the Town Board of the' Town of.Southold' ~as inspected the property 'of' Edwar'd 'Speeches located-On County Route..48, Greenport, New Yor~, containing 20~093 acres and'-'~pPr'OVeS's~'id proper'ty..'as! devel'op'ed' in the c'luste'r concept. Complete legal'description -as f011ow~: ALL that certain pl6t, piece or parcel of' land.~ With the buildings and improvements thereon erected, situate,'"iying and'being!' '~ near Greenport, in the Town of Sout'h0Id, cOunty Of. ~Uffolk'and State~ of New York, more particularly bounded and described as follows: BEGINNING at a monumenz on the nOr.thwesterly ii~e of Midd'le Ro~d (County Road 48), said monument being the interSeCtion.of the northwesterly line of Middle Road (County Road 48).with the east- erly line of land now or formerly of Morrison; running thence from said point of beginning and along land now or formerly of Morrison, the following three (3) courses and distances: (1)-N; 2°,,'02' East. 382.33 feet to a monument; thence,. (2) N.. 2° 17 10 E. 1214.58 feet-to a monument; thence, (3) N. 1° 42' 50" E 5.13.28 feet. to-~ monument and the southerly line of'Sound Drive.; zhence along the. sottherly and southeasterly line of Sound Drive the following two (2) courses and distances: (1). N. 8'9° 44" E[ 50.03 feet to an iron pi~e or post; (2) N. 53° 58' 20" E. 33~..48 feet to.an i~on pipe or post and land known and designated as Lot No. -76 on.a certain map entitled "Map of Section 2, Eastern Shores",. which map is filed in the Suffolk County Clerk's Office as .Map No. 4426; thence along Lot No. 76 and L¢~t~ numbered 75, 74, 73, Inlet Pond Road, Lots numbered 72, 71, 70, 69, 68 and 67,'all as shown on the afore- mentioned "Map of Section 2, Eastern Shores", the following two (2) courses and distances: (1) S; 16° 50':30, E. 206.41 feet to a point; thence, (2) S. '3° 53' 00"-E. ll'03.52-feet to a monument and land now or formerly of J.M.S~ Land Development Corp~; thence along land now or formerly of J.M.S;.Land DeVelOpment Co~p..~-'and~ Homestead Way the following two (2) courses~and'distances: '(1) S; 4° 17' 20" W. 305.85 feet to a point;' thence,-' ~2.) S. 10° 38., 20,~ E. 113.0 feet to a monument and-land now or formerly of Thygesen; thence along land now or formerlYoOf Thygesen the.following two (2) courses and distances: (1) S. 60 01' -40"'W. 190.10 feet to a monument; thence, (2) S. 19° 41' 30" E'. 73.08 feet to an iron pipe or post and land now or formerly of Macomber; thence along land now or formerly of Macomber and. land now~.or formerl¥ of'i-s~icer the following three (3) courses and-distances: (1~ S. 78 46'. W. 126.77 feet to an iron pipe or post; thence, (2) S./4 06' 'W. 129.92 feet; thence, (3) S. 11u 00' E. 83.92 fee~ to ihe' n0rthwes~er!y line of Middle Road (County Route 48); thence along the northwesterly line of Middle Road (Count~ Ro~d 48) the following-two (2) courses and distances: (1) S. 55 01' 10" W. 257.37 feet to a p~int; thence, (2) S. 55° 01' 50" W. 79.44 feet to a monument and the point or place of beginning. Vote of the Town Board: Ayes: Coun'cilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor PelI. This resolution was declared duly adopted. 5. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Marian Goubeaud, from the curreni Civil Service List,-to-:~he position of Clerk-TYpist in the Town Clerk's Office, effective November I, 1981 at a salary of $6,500.00 per annum. ~ote ~of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum,.-Supervisor Pell. This resolution was declared duly adopted. 6. On motion of Councilman Nickles, seconded by Councilm~n Murdock, it was RESOLVED that the Town Board of the Town of Southold grant Mar'tan Goubeaud, Clerk-Typist in the office of the Town Clerk, her,first and second salary increments at a total of $1,000.00 effective November l, I981. Vote of the Town Board: Ayes: Councilman Murphy,' Councilman Nurdock, Councilman Nickles, Councilman Drum, Suoervisor ~ ' This resolution was declared duly adopted. ~ . ·. OCTOBER 20, 1981 ~i'~ ¢~ 379 lO. 11. On motion of Councilman. Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hire Douglas V. Clark as a part-time Radio Operator for the Southold Town Police Department effective immediat'ely at a salary Of $5.00 per hour. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock. Councilman Nickles, Councilman Drum, Supervisor Pell. This ~esolution was declared duly adopted. On mo~ion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the application of the First B~pt'fSt''Church of Cutch~gue,dated 0ct~ber 1'3, 1981, ,for permission' to erect ~ 'single .family, trailer on the north side of Middle Road (CR #48),-Cutchogue, New ~,rk be and hereby is grant'ed for a six (6)mon~h'perfod. Vote (,f the Town Board: Ayes: Councilman Murphy, Councilman Murdo( k, Councilman Nickles, Councilman Drum, Supervisor Pell. This 'esolution was declared duly adopted. On mc ion of Councilman Murphy, seconded by Councilman.-Nickles, it was RESOLVED that the Town Board of the Town of Southold 'tr~hSfer $3,86(.00 from Part Town Contingent Account to B3120.4 Police Contractual for the purchase of floor covering for Police Head- quarters. Vote ¢,f the Town Board: Ayes: Councilman Murphy, Councilman .Murdock, Councilman Nicktes, Councilman Drum, Supervisor Pell. This esolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Drum, it. was RESOL~'ED that Chief H. Daniel Winters be and he.hereby i.s authorized and d~rected to seek proposals'and'purchase and-inst~lI'fl0or~cover~ ing at the Southold Town Police Headquarters at a cos~ not to exceed $3,86(.00. Vote f the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, ~oukucilman Drum, Supervisor Pell. This esolution was declared duly~adopted. Moved by Councilman Drum, seconded by Councilman Murdock, WHERE~S, the Southotd Town Planning Board and Suffolk County Depar'ment of Planning have prepared official reports and recommendations on the application of William TSigakos and Peteu Brountzas for a change of zone from "A" Residential and A~ricultural District to "B" Light Business District on certain property situated near Greenport, New York, and more particularly bounded and described as follows: BEGINNING at a point on the southerly line of the North Road at a locust post and r~nning thence along the southerly side of the said North Road 5orth 78° 06' 30" East 73.50 feet to the monument at a; point Where the North Road intersects Main Street; thence S~uth 57° 57' 20" East 46.27 feet to a granite marker on the westerly side of Main Street; at the northeasterly corner of land of Carl 1; thence South 67° 40' 20" West 101.85 feet along land of enckel to a concrete marker and l~nd of Herbert Fordham; along land of said Herbert Fordham North 19° 23' 30" West feet to the point or place of BEGINNING, now, therefore, ~D that a Dublic hearin~ will be held b~ the Town'Board of wn of Southold at 8~00 P.Mi;~Thursday,'NOvember 5, 1981 at uthotd Town Hall, Main Road, Southold, New York on the ~ntioned petition, at which time any person desiring to' be he,ring on the above proposed petition should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the requirements of law. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nicktes, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Hencke Carl thenc~ 50.99 be it RESOLV the To the So aforem 12. Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the application of Ant'hony J. D'e~a'ul~ ~nd Dorothy A. DeMaula for a Change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property situated at Mattituck, New York, and more particularly bounded and described, as follows: ~ALL that certain plot, piece or parcel of land, shown and designated as Lot "P" 380 13. OCTOBER 20, 1981 on map entitled, "~ap of Shore Acres, situate, ~attituck,-Suffolk County, New York", surveyed December, :19t3 by Roswell-S. Baylis, . ' C.E., Huntington, L.I., New York and filed in'the Office of t~e 'Clerk of the County of Suffolk, New York on or about January..3, 1914 as Map No. 41; now, therefore, be it RESOLVED that a public hearing will' be .held by the-Town Bo'~rd of the Town of Southold at 8:10' P.M., Thursday,' November'5', I981 at the Southold Town Hall, ~ain Road, Southold, New York on the aforementioned petition, at which time any person desiring' to be heard on the above proposed petition should appear .at the time and'place above so specified, and be it further RESOLVED that the Town Clerk be and she hereb~ is authorized 'and ~ directed to cause notice of said hearing.to be.published .in the '~ official newspaper pursuant to thy requirements-oil law. Vote of the Town Board: Ayes: Councilman-Murphy, Councilman ~ Murdock, Councilman Nickles, Councilman Drum, .SuperVisor Pell. . . This resolution was declared duly adopt'ed. - ' On motion of Councilman Murphy, seconded by' Councilman Nickles, it was RESOLVED that Supervisor' William R. Pell,':tII be and. he hereb7 is authorized ~nd directed tO execute a pro'fe'sSiOna'l 'se'r~i~e's"~a'g~'ee- ment for the maintenance and upkeep 'of' th'e' C'o'de' b:f''the To~5'of: Southold with General Code' Publisher's 'C~rp'orat'ion, and be it further RESOLVED that the Town 'Clerk be and she hereby is aut'hor'fze'd.a'nd' directed to r. eque'st General Code Publishers 'Corpora't'iOn t'o revise the index of the Code of 'the Town o'f.'Sout.hold at a cost not to . exceed $800.00. ~ote of the Town Board: Ayes: Coun~ilma~ Murphy; Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor PelI. ' This resolution was declared duly adopted. ' 14. On motion of Councilman Nickles, seconded~byii.Q0un~i~man ~um, ~i~ was RESOLVED that the Town Board .of the Thursday, November 5, 1981, Southold.Tow~/H~'~i~ New York ~~or hearing uPon.:~ ~'-~'ion '~ n~s~It~s, Inc.,,,for ,,unncw~ La~oon Association for :~}p~rmi'~'~unde of the Wetland Ordinance of.the Town of Southold?~i~ior pe ma4ntenance dredge an irregular shaped area .w~~agoo~ Place resultant spoil on beach north of bulkh~aded'-~'~i~ as no~ishment, at the Lagoon off Peconic Bay:; Nassau Po'nt,i Cutchogue, ~ew~e York. All persons interested in said matter shall appear.at the time and place above specified ~nd will be given an opportunity to be-heard. Vote of the Town Board: Ayes: Councilman Murphy; Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared' duly adopted. 15. On-motion of Councilman Drum, seconded .by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold set 3:35 P.M., Thursday, November 5, 1981, Southold Town'Halt, Main~-Road, Southotd, New York as time and place for hearing upon-application of"Frank Frankola for a permit under the'provisions of the Wetland Ordinance 16. of the Town of Southold, for permi-sion ~o construct 320~feet of timber bulkhead and backfill with 150 yards of bankrun sand from upland so~rce on his property located at the south side of 'Glenn Road at dredged boat basin off Goose Creek, Southold, New York. Ail persons interested in said matter shall appear at-the time and place above specified and will be given an opportunity to be heard. Vote of the Town Board: Ayes: Councilman'Murphy, Couneilman Murd0ck, Councilman Nickles, Councilman Drum, Supervisor-:PelI.'' This resolution was declared duly adopted.. On motion of Councilman MUrdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of So~thold set 3:40 P.M., Thursday, November 5, 1981, Southold Town Hall, Main Road, S0uthold, New York as time and place for hearing Upon application o~ Ri'chard W. Seelig for a permit under 'the provisions Of the' Wetland Ordinance of the Town of Southold, for permission to construct 94 feet of bulkhead- lng along the eastern edge of.his property located at east side-of - Stillwater Avenue on East Creek, Cutchogue, New York. -Ail persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. -. OCTOBER 20, 1981 17. On 'motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set 3:45 P.M., Thursday, November 5, 1981, Southold Town Hall, Main Road, Southold, New York as'time and place for hearing upon application of Charles DeLuca for a permit under the provisions of the Wet'land Ordinance of the Town of Southold, for permission to construct catwalk, ramp, and floats on his property located at east side Wells Road, Richmond Creek, Peconic, New York. All persons interested in said matter shall appear at the Time and place above specified and will be given an .opportunity to be heard. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared d~ly adopted. 18. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold set 3:50 P.M., Thursday, November 5, 1981, Southold Town Hall, Main Road, Southold, New York as Time and place for hearing upon application of Costello Marine Contracting Corp. on behalf of Fred Cowan for a permit under the provisions of the Wetland Ordinance of the Town of Southold, for permission to construct an open piling dock, ramp, floating dock and catwalk ramp au Fox Hollow Road, Mapes Creek, off Mattituck Creek, Mattituck, New York. Ail persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor. PelI. This resolution was declared duly adopted. 19. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to re,ow:the Public Official Liability PolicyNo. PO 24285 to cover Southold Town Officials to the extent of $1,000,000.00 for a one year period at a premium of $3,800.00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. 20. On motion of Councilman Murdock, seconded by Councilman Murphy, it was RES©LVED that the Town Board of the Town of Southold hereby grants permission to The Seniors Club of Southold-Peconic, Inc. to engage two buses at a cost of $600.00 to ~ranspor~ their group to Milleridge Restaurant on November 17, 1981. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This~esolu~ion was declared duly adopted. ? 21. On motion of Councilman Murphy, seconded by Councilman NiCkles, it was RESOLVED that $1,535.56 be transferred from Item IV, DS599 Highway (Unexpended Balance) to DS5140.1 Personal Services (Weeds & Brush) Item IV Highway. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. 22. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that $20,000.00 be transferred from Item IV., DS599 Highway (Unexpended Balance) to DS5142.1 Personal Services (Snow & Ice Control) Item IV Highway. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. 23. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that $1,400.00 be transferred from Item IV, DS599 Highway (Unexpended Balance) to DS9030.8 Social Security Item IV Highway. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. 24. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that Supervisor William R. Poll, III be and' he hereby is authorized and directed to refund $50.O0-filing fee for minor sub- division entitled "Mary LockWood" ~o Mr. John L~ckwood,-'who withdrew 382 OCTOBER 20, 1981 the application before it was acted on by the Planning Board. Vote of the Town Board: Ayes: Councilm~n Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duty adopted. 25. On motion of Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold transfer $12,000.00 from the Part Town Contingency Account to B3120.2 Police Equipment for, the purchase of four (4) hand-held 'Regency radios at a cost of $750.00 each ~nd the purchase of one unmarked police car for the detective squad, with the trade-in of three (3) Town cars. Vote of the Town Board: Ayes: _ Councilman Murphy, Council'man Murdock, Councilman Nickles, Councilman Drum, Super'visor PelI This resolution was declared duly adopted. 26. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that Chief H. Daniel Winters be and he hereby is granted permission to purchase four (4)hand-held Regency police radios at a cost of $750.00 each, and one (1) new unmarked police car for the detective squad, with the trade-in of three (3) Town cars. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum,.Supervisor PeI1. This resolution was declared duly adopted. SUPERVISOR PELL: At this time I would like to ask for a recess for the amount of time it takes to conduct a public hearing on George R. Latham (grant of scenic easement). On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that a recess be called at 5:30 P.M. for the purpose of holding a public hearing in the matter of the application of George R. Latham, Jr. for a grant of scenic and/or conservation easement. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Sueprvisor Pell. This resolution was declkred duly adopted. . . Meeting reconvened at 3:40 P.M. following the aforementioned public hearing. SUPERVISOR PELL: I'll ask the Town Board, at this time, does any- body object to moving on this at this time? If not, wilt somebody propose a resolution? 27. GRANT OF SCENIC AND CONSERVATION EASEMENT BETWEEN GEORGE R.~'LATI{AM, JR .... GRANTOR AND THE TOWNOF SOUTHOLD. GRANTEE. Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, the grantor is the owner of a certain parcel of l~nd consisting of 5.3 acres, more or less, of meadow located on the southwest side of King Street in the Hamlet of Orient, Town of Southold, Suffolk County, New York, generally bounded northerly ........ ~y Gid's Bay; easterly by Pete Neck Creek; southeyly by Orient Harbor; and westerly by other lands of the grantor, 'said land' being shown and designated on a certain map prepared by Rodering Van Tuyl, P.C. entitled, "Minor Subdivision made for George R. Latham, Jr. at Orient, Town of Southold, New York",- dated April 2, 1981 and last amende'd August 10, 1981, and which.parcel of land is more fully described in Schedule ['A" hereunto annexed ' and made a part hereof, which are hereinafier referred to as "the premises", and ' WHEREAS, said premises constitute an area of natural scenic beauty and whose existing openess, natural-'condition, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain'or enhance the conservation of natural and scenic resources; and WHEREAS, the granror wishes to grant a scenic and conservation ~asement to the grantee upon the premises; and WHEREAS, the grantee deems it to be in the public interest to acquire interests or rights in real property for the preservation of open space and areas to preserve the beauty and naturaI conditions of estuarine areas in the Town of Southold; and WHEREAS, Section 247 of the General Municipal Law of the Stake of New York provides that municipalities, including-Towns, may acquire the fee or a lesser interest, development right, easement, covenant or other contractual right in and to real property necessary to achieve the aforesaid purposes; and OCTOBER 20, 1981 ' ~ - 3~83 WHEREAS, the grant~, in f~h~ o£~ above POliCy'and in accordance with Section 247 of the General Municipal L~w-wishes to accept the scenic and conservation easement hereby proffered by' the grantor; and . - WHEREAS, a public hearing was held.by the Town-Board of the Town of Southold after due notice thereof, with respect-to'the terms'- and conditions embraced herein, at which public hearing all interested parties were given an opportunity to be heard; NOW, THEREFORE, in consideration of Once ($1.'00). DOllar an~ other good and~valuable consideration paid by the grantee to the grantor the receipt of which is hereby acknowledged, this agreement Witnesseth that: '~ . 1. The grantor does hereby donate,.grant; ~rans~er and' convey to the Town of Southold, a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter Set ~ort'h, over and upon the premises. ". : .. ~._ ~. · 2. The nature, character and' extent o.f.t~e easement-'hereby. granted is as follows: . (a) No dredging, excavating, or land fill..operations shall be authorized or permitted in or on the premises, except as required for agricultural purposes. (b) No development of any kind shall be permitted'nor ' shall any commercial use except agricultural and horticultural uses be made of the premises. (c) No building or structures shall be placed or erected on the premises. (d) No gravel, sand, peat or,'other maierial~ 'except salt hay or thatch shall be removed from the premises nor shall any sand, gravel or other materials be placed upon the premises; (e) No roadways or driveways shall be constructed on the premises except unimproved farm. roads; (f) The grantee and its authorized agents shall'have the right of inspection of the PremiSes at any and all ~imes duri~g-:the term hereof. - 3. The nature, character and 'extent of.limitations'on.the within grant of easement are as follows: (a) Notwithstanding the provisions hereo~, t~e premise's shall remain at all times in the exclusive possession of the/grantor. (b) Ail rights, interests and. priv'ileges of the grantor in the premises not herein specificaity donated, .granted, transferred and conveyed shall remain and reside with the grantor 4. This agreement may be cancelled by the grantor upon sixty (6) days written notice to the grantee· and u~on payment to the gran~ee of a sum equal to three times the difference between the amoun~ of real estate taxes paid or assessed against.the, premises in the year of such cancellation and the amount Of r'eal estate taxes that would be assessed against the premises in the y.ear of such canc$'~ation had the premises not been burdened with th~ prSvisions of this instrument, both computed in the tax year in which the cancellation shall take place. Upon payment of such sum, .the grantee shall execute and deliver to the grantor a release'of easement instrument in recordable form. - 5. In the event that the grantor desires to:,dispose of the premises, or any part thereof, during the-term of this agreement, or any renewal or extension thereof,.by sale, the-grantor shall give the grantee thirmy (30) days notice of Such proposed sald and the terms thereof. The grantee shall have the first option to acquire the premises within said thirty (30)~day per'tod on the same terms as any such proposed sale. 6. The failure of the grantee to insist upon the strict' performance of any of the terms, conditions, covenants, or restrictions contained herein, shall not be deemed a waiver of any subsequent breach or deault in the ~erms, conditions, covenants"or restrictions contained herein. 7. If the whole or any part of the premises.shall ~e condemned- or taken by eminent domain, then this agreement'shall forthwi'th Cease from the date of title vesting in such proceedi.ng. In such event the grantor shall be required to pay no penalties, nor shall the value of the premises be limited by this easement, nor shall an~ part of any award belong to the graniee~ 8. The grantee covenants that to the'extent' legally per- missable, the valuation placed upon the premises for purposes real estate taxation ~ill be limited by the restriction o'f. this scenic easement in accordance with Section 247 of the General Municipal Law of the State of New York. 384 OCTOBER 20, 1981 9. Ail the covenants, conditions, reservations, restrictions, easements and provisions of this agreement Shall continue and remain in effect until the 22nd day of October, 1991, at which time'all of the provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or before the 22nd day of August, 1991, or sixty (60) days prior to the end of.any such extension period, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same. 10. The burden of this easement shall run with the land and shall be binding upon the parties hereto, and their successors and assigns. SCHEDULE "A" - Legal Description, to wit: BEGINNING at a point at the southwesterly t~rminus 'of'a certain 25 foot private road and running along said line of private road North 18° 37' East, 25 feet; thence North.34° 00' East, 265 feet to the ordinary high watermark of Pete Neck Creek; thence south- easterly and then southerly along Pete Neck Creek 1-050 feet; thence northwesterly along the' shore of Orient Bay 400 feet, to a point; thence North 12° 52' 20" East 420 feet; t~ence North 7lQ 23' Wesi, 107 feet to the point of BEGINNING. Contafning 5.3 acres, more or less. Vote of the Town Board: Ayes: Councilman Murphy, .Councilman - Murdock, Councilman Nickles, Council. man.Drum, Supervisor Pell. This resolution was declared duly adopted~ SUPERVISOR PELL: That ends the prepared agenda.' I wi. It ask the CounCilmen ~t this time, is there anything they would like to bring up? Councilman Murdock? (Nothing.) Councilman Drum? (Nothing.~ Councilman Nickles? ~ . COUNCILMAN NICKLES: Happy Birthday. . · - ~ SUPERVISOR PELL: Thank you, John. 'Councilman Murphy? COUNCILMAN MURPHY: Happy Birthday,-also, William. SUPERVISOR PELL: Thank you. -Thirty-nine and holding. At this ~ time I will open the floor up to the people here. Does anybody i ~ wish to address the Board? (No response.) If not, ~he' motion is L~ in order. On motion of Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 3:45 P.M~ Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Superviso~'-Pell. This~resolution was declared duty~adopted.