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HomeMy WebLinkAboutTB-04/21/1987 76 SOUTHOLD TOWN BOARD APRIL 21, 1987 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilwoman Jean W. Cochran, Councilman George L. Penny IV Town Clerk Judith T. Terry. Abseht: Councilman James A. Schondebare, Town Attorney Robert W. Tasker. 9:00 A.M. - Board audited outstanding vouchers. 9:25 'A.M. 8 10: 10 A.M. - Recreation Supervisor Susan Fossett met with the Board to discuss her replacement (she is 'leaving the area in'May) . The Board has inter- viewed Recreation Supervisor applicants from the Civil Service List, but have been unsuccessful in finding a suitable candidate. The Board agreed to request a Rec- reation Superintendent I Civil SErvice List and interview the candidates as soon as possible (see resolution no. 34 creating the position). 9:55 A.M. - Members of the Kenney's Beach Civic Association, Arlene Richter, President, Stanley Posess, appeared before the Board to request action to see that Kenney's Beach is 'open for the 1987, beach season. 10:00 A.M. - For Discussion Items:. (1) Expiration of the terms of Conservation Advisory Council members on June 18,: :1987, - Councilman Penny cannot agree to the reappointment of all of the members, therefore, in' accordance with the Board policy, the Town Clerk will advertise for resumes (see resolution no. 30)'. ; (2) A BioCy.cle National Conference on Composting and Recycling to be held during the week of May 4th at Boston, Massachusetts. ' Board members are interested in' attend- ing (see resolution no. 27) . May 5th is a proposed Town Board meeting date, there fore the Board w;ilF schedule the first May meeting at 3:00 P.M., Friday, May 1st. (3) Letter from Eric'Bressler, attorney for the Mattituck Park District concerning the park district property on Pike Street, Mattituck, which the Town has been leasing for a parking field. The Park District is 'contemplating alternative methods of disposing of the. property. Town. Board is 'only interested in: leasing. (4) Letter from H2M with respect-to e..problerri,with,.the digester cover at the Scavenger Waste Plant--Councilman Penny advised the matter has been resolved. (5)' Memorandum from the Town Clerk request changes in' the Parking at Beaches Ordinance. . _Referred to the Code Committee. (6) Letter from Val Stype 8 Sons relative to thei r'poli cy not to release insurance policy information to a third party with a written request and confirmation from the Town. Town Clerk to transmit 'requests, specifically, those from William Mullen who has been engaged by the Town to review the insurance cover- age. (7) Letter from the law firm representing the NYSALT members relative to Assembly Bill' 6735 which proposes to amend the State Finance Law, in' relation to apportionment of revenue sharing aid' and to repeal certain provisions relating thereto. The Town Board adopted a resolution on April 7th uring the New York State Senate to adopt the New York Assembly proposed Federal Revenue Sharing Program. (8) Letter from the Board. of Directors. of the. North Fork Animal Welfare League relative to corrective measures at the Dog Pound. ' This 'will be discussed with that group at 2:00 P.M: (9) Brochuire.':from Connecticut Tire Recycling outling their services.... 'Supervisor will request them to submit 'a proposed contract. (10) Proposal to engage the services of Smith, Finkelstein, 'Lundberg, Crimmins. 8 Yakaboski, 'of Special Counsel to the Town Attorney while-he is 'ill' (see resolution no. 28) (11) Memorandum from Accountant John Cushman requesting an increase in' per hour pay for part-time Clerk Typist in the Accounting Department Ortrud Hanus. Referred to the Wage and Policy Committee for review. (12) Request from Town Clerk to create the position of Stenographer in' her office. (see resolution no. 29) . 11 :00 A.M. - Planner David Emilita met with the Board to review :changes to the proposed Local Law to amend the Zoning Code. Before beginning the SEQRA process the Board will review the suggested changes - new Marine I and Marine 11 zones. 11:20 A.M. - William Heins, Orient, spoke briefly to the Board concerning the denial of his appeal to build a new home next to his present home in Orient. (Councilman Penny stated he has drawn plans for Mr. Hein's house and if there is to be any action by the Town Board he would abstain: ) Supervisor Murphy suggested that Mr. Heins have his attorney contact the Town Attorney to discuss the matter further, since the situation is out of the jurisdiction of the Town Board. i. 3 77 APRI L 21 , 1987 11 : 35 A.M. - Councilman Stoutenburgh,-a§_k-;.the Board for permission to draw plans for the construction of a boat ramp on the Town property, formerly Dietz,'. at Mattituck Inlet, and submit them to the DEC, which wilF probably be a lengthy procedure. Councilman Penny expressed opposition to the proposed boat ramp; Councilwoman Cochran said she has misgivings about the project..: Councilman Stoutenburgh requested that:-a. r_bsolutioti (no. 31) be placed on the agenda support- ing the concept of this 'boat ramp and authorizing him to proceed with the application process. 11 :45 A.M. - Agenda resolutions were reviewed. 12:30 P.M. - Recess for lunch. 2:05 P.M. - Work Session reconvened and the Board met with members. of the North 1=6rk Animal Welfare League, Inc. to discuss the progress of the kennel construction at the Dog Pound. Frank Gifford, speaking on behalf of the Board of Directors, asked the Board to proceed to bring the construction to a conclusion, and name someone to . oversee the project. Councilman Penny stated that weather conditions have been- bad, the- contractor ran into cesspool, electrical and plumbing problems causing the loss of over a month during the winter.. When they were ready to. pour the concrete the late winter and early spring rains started, and when they were finally. ready to proceed the Building Inspector stopped the pouring because there was no gravel under the concrete. Member of the League, Barbara Harrington, said' she is 'fed-up with the situation, and Dog Pound employees, Barbara Daly and Lori, 'spoke of what they consider to be poor construction and the electrical problems causing two dogs to be electrocuted. According to the contract between the Town and Richard Saetta, the contractor, the completion date is "June :1987. 2:35 P.M. - Work Session adjourned. REGULAR MEETING 7: 30 P.M. A Regular Meetin' of the Southold Town Board was held on Tuesday, April 21, 1987 at the Southold Town Hall, Main Road, Southold, New York.' Supervisor Murphy opened_ the meeting at' 7: 30 P.M. with this Pledge of Allegiance to the Flag. Present: Supervisor Francis 'J. Murphy :Justice: Raymond W. Edwards Councilman Paul Stoutenburgh Councilwoman Jean W. Cochran Councilman George L. Penny IV' Town Clerk Judith T. Terry Absent: Councilman James. A. Schondebare (out of town) Town. Attorney Robert W. Tasker. (ill) SUPERVISOR MURPHY: Good evening. The:.ifirst order of business I'd like a, resolution approving the audit 'of the. bills of April 21st, 1987. Moved by Councilman. Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the followinc audited bills be and hereby are ordered paid': General Fund Whole Town bills in' the amount of $29,485.57; General- Fund Part Town bills in' the amount of $28,646.:99; Highway Depairtment bills in' the amount of $26,682. 79; Fishers Island Ferry District bills in'the amount of $14,:993. 31 ; Fishers Island Sewer District bills in'the amount of $385:. 98;: Waterfront Revitalization Program bills in the amount of $5,810.'00. Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Counci man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is 'a .resolution approving -the Town Board minutes of April. 7th, 1987. 78 APRI L 21 , 1987 Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was RESOLVED that the minutes of the regular. Town Board meeting held on April 7, 1987 be and hereby are approved. . Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. Thi s' resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, next is 'a resolution setting the next meeting date for May 1st, 1987, at 3:00 P.M. , Southold Town Hall. This 'is 'a change. There is ' a conference that most of the Town Board will' be attending on that following Tuesday, up in Boston, and Councilman Schondebare is 'not here, so we're going to have an afternoon meeting on a Friday. COUNCILWOMAN COCHRAN: And I would like to move this one. So moved. SUPERVISOR MURPHY: Seconded by me. JUSTICE EDWARDS : By all. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the next Regular Meeting of the Southold Town Board will' be held at. 3:00 P.M. , Friday, May 1, 1987, at the Southold Town Hall, Main' Road, Southold, New York. Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. . ' REPORTS. SUPERVISOR MURPHY: The first item on the agenda is 'Reports. These Reports are all.on fiile. i.n' the Town Clerk's Office. 1. Town Justice Tedeschi = monthly report - March 1987. 2. Szepatowski Associates monthly report - March '1987. 3. Supervisor's monthly budget report - March, 1987. 4. Planning Board - monthly report - March 1987. 5. East End Counseling Project - Annual Report - .1987. 6. Town 'Justice Price - monthly report - March '1987. 7. Southold Town Dog Pound - monthly report - March .1987. 8. East End Community Services, Inc. - Audit 'Report for .1986. 9. Town Justice Edwards - monthly report _ March 1987. 10. Board of Appeals - monthly report - March 1987. 11. Dimension Cable Services - complaint letters for March 19871. 12. Police Department - monthly report - March 1987. 13. At this 'time I would like to ask the Town Board members if there js 'any- thing special they have: to report, starting on my right with George. COUNCILMAN PENNY: Thank you, Frank. On the 8th I attended a meeting of the Housing Committee, which the chairman will report on. On the: 9th I attend a meet- ing of the Village. of Greenport--1'm trying to following the affordable housing and the efforts of the negotiations between the Village of Greenport and the Costello people. It was a very interesting meeting. On the 10th a meeting at the Landfill: We were visited by. Bob Betcher and Paul Roth of the DEC. On the 13th a meeting of the Water Advisory Committee, and we're a little bit behind with our getting our maps from the County, so we've got a map that's being prepared right now at North Fork Press so on the 30th when we have our next meeting we'll be able to have .a map that relates to our water contours and find out just where the good spots are. Ont he. 14th a meeting of the Code Committee. We have a last minute law which we've got to act on, which has been passed down to us sometime last October, which for some reason hasn't appeared in'our Town Hall, and it regards the Flood Plain: The problem we have is that we have a certain' deadline to get this adopted so that the Town and the Town residents qualify .for Federal Flood Insurance. Like I said; it's unfortunate, but three individual packages of communication between last October an now have never gotten anywhere in'the Town Hall, so that I find now in' talking to the DEC that we don't have to rush as badly as we thought, we have until 7/1 to adopt something, so we're going to try to pick up on that. On the 15th we had a meeting of Commerce and Industry and we got into a healthydiscussion of the Master Plana And this morning, being the 21st, we had a meeting of the Police Committee. And that's all at this time. . Thank you. SUPERVISOR MURPHY: Thank you, George. Paul? COUNCILMAN STOUTENBURGH: .Yes, I . also attended the Landfill' meetin� with the DEC. Basically what we were trying to convince these people is that we have. fairly good material coming from septic tanks and that we want to dispose of this material on our cover of our landfill'. They seem to '-think that way back in the 701s there was APRI L 21 , 1987 / 9 some bad material put in there and until that problem is *cleared up they won't let us use this 'very fluid material that the past years have been collected -from these honey wagons and put up in'the pond-up there at the landfill: Hopefully we'll have that resolved and we can take this material out and fill those in' and eliminate that real eyesore problem. We had a Water Advisory Committee meeting as George has spoken on, and hopefully we'll get these maps worked out. We did' have aerial photos which are quite nice from the Suffolk County Planning Department and shows exactly where every road and house and woods are and from these we hope to transpose them on an overlay so that we can get some idea of where our possibly good freshwater areas might be for preserving in' the future. I also sat in' that same night on a Shellfish meeting, which Jim McMahon had written a letter to anyone who was interested and we had people there from the Trustees, the Baymen, the CAC, NFEC people all there. And some of the things they were trying to do is get one person in the Town to be responsible for all the various shellfish management problems. And he had a whole list here, and I'll just run through them. I think he has a good point. There should be one person we should look to in'the Town and perhaps maybe our new Planner might take some of this on, but when you look at it 'it's such a vast array of material it's pretty hard for one person: water quality in'our creeks, spawner transplant, seed clam programs, spawner sanctuary, mussel culture, oyster culture, scallop enhancement program, stock assessment, creek harvest rotation plan, habitat improve- ment plan, sanitation 'surveys, New York State. funding, wetlands mapping, limit 'on moorings in' creeks; ,budgets and things of this sort. So there should be one person and they were trying to come up with some idea of how to go about this, and what they're going to do was an exploratory meeting, and they're hoping to have another meeting where they'll have more people involved now that this one meeting was started, and hopefully we'll. have more people out at the next meeting and we won't have a conflict, because we did have conflicts with other meetings at that time. I also attended the Southold Green. As you know, we have an area just in' the middle of our Town which we're hoping to have a beautiful green, and these people met. and they are getting their act together. We had people in'who were ready to donate all kinds of plants. We had other people in who were going to do tree work for gratis., We had somebody in who wants to take over the building--that old building, and move it off. We're working on that so that possibly we'll get the area ready for improvements. We first have to get that old building off. They have set up a budget. It's a rather high budget of $125,000. They realize. this is the deluxemodel and they know that there -will be other probably cut-backs, and maybe we can save a lot by doing a lot of the work by volunteers and people donating time. But that's basically what they're shooting for. They're talking about getting the community involved and how about this; and I think we'll see more of this 'as time goes on. That's about it; Frank. SUPERVISOR MURPHY: Thank you. Jean? COUNCILWOMAN COCHRAN: I also attended the Green meeting,. which Paul just reported on. Interesting enough following the Landfill' meeting in attendance was a Dr. Epstein' and he's affrlitated with the E & A Environmental Consulting firm located near the Boston ,area, and he came down and attended our meeting. But following that we went to the Highway Department--Mr. Murphy and I believe Paul you were there, and he showed many slides and shared with us a great deal of information on composting. He's quite an expert on the subject of composting, and he has studied the different systems from. France, Japan, all over the world. I suggested to the Supervisor that we have him* come back again' at..'a time when the. entire Town Board would. be there, because I was very much impressed with him'. I thought that it 'would be benefrci'al to the: Board if the entire Board heard what he had to say. Also, George mentioned that we did meet with Bracken and Carroll and Costello. in relation to the affordable housing project in' Greenport. The Housing Committee had. reviewed the plans of the homes and we had some concerns and 'questions and wanted some clarifications, so we did meet with them. As you're aware, I'm sure, we have no control over the type of homes that they build, but I felt that if 'a positive meeting was set where we could just discuss what our concerns were, that perhaps some of them could be solved. Also at the invitation of Jim' Margo, he's County Executive Assistant for Housing, Supervisor Murphy and Jim McMahon and myself traveled over to Connecticut on the 15th, to Middletown, Connecticut, to view an affordable housing project which the company is T rammeltrow Management Company, and they build affordable housing projects for as rentals. This 'one was designed specifically for--and I won't use the word, Frank, for young couples with double incomes and no children. There is; at the present time, approximately 50 children in' the project. It was beautifully done. They're interested in becoming involved on the Island. Part of the cost, what, they look at, is the land cost, the taxes, and the feasibility of doing it 'in' a particular area. They had said that they felt that their minimum housing units was around $150,000 mark, which we felt was high for our area, but I think it's worth investigating and getting some more information from them. In addition, then there was the holiday of Easter and that's it.' Thank you, Frank. SUPERVISOR MURPHY: Thank you, Jean. Ray? 80 APRI L 21 , 1987 JUSTICE EDWARDS : Last weekend the DEC came over to the Island--excuse me, it was a week ago. They came over on a Sunday. They were there Sunday afternoon, Monday and Tuesday. There's a lot of construction being involved on the Island. The DEC was worried about the wetlands, which they should be, and they're over policing the area and I think we're going to see quite a bit of them this spring and summer. Next we're looking forward to the trip up to Windom next week to look at a resource recovery plant up there which is 'using incineration for three or four towns in' the Windom, Connecticut area, and generating electricity through steam with this plant. Of course, Fishers Island has committed themself to incineration, and it's in' the engineering process now. I'm looking forward to the meeting on Fishers Island a week from this �Fr.iday I believe it is ' with Mr. Murphy and Suffolk County are cominj over to look into a water study of the Island, which is needed. There's a lot of development over there, just as you have it here. We're lucky that back in the earl) 30's the people had enough foresight to put in' a centralized water system. We have city water over there. We've had it 'for over fifty years, but it's important to know how much water resources we have left. If we can control development with the resources. Also on Sunday we had--we!re luckly on Fishers Island--we have a beautiful Village Green. You have them but they are scattered throughout the hamlets, but we have one on the Island and the merchants donated the eggs and there are three different areas that they set the eggs up for the different ages of the children, and it's quite a thing to see about 200 people and maybe 50 to 75 kids running around on the Village Green on Sunday morning, after church, of course. The traffic'on Fishers Island this week was unbelievable- I told the Town Board I came back on the noon fenny on Monday--I drove over here. My pick-up truck is 'down at the Highway Depart- ment loaded up with material' to take back for the Highway Department on Fishers Island, but I was number 22 in line at Monday noon and there were another--must have been eight or ten cars behind .me. Sunday both boats were loaded. Monday morning was full, and I would say we had close to 2,'000 of the "tourists" that came over for this weekend. It was quite hectic 'on the Island. And needless to say the activity on the Island brought me two court cases. Quite all winter, but there were a couple of infractions there during the weekend. And also Mr. Murphy told me that we're getting a used jeep on the Island this 'summer for our "mosquito girls" that come over there and spray the ponds, and it's nice because they need a vehicle. There's been one donated in the past, but this jeep is 'going to be very well used and for a good purpose. With that,. Frank, thank you. SUPERVISOR MURPHY: Thank you, Ray. The only other thing I would like to add- as we all are aware, our Landfill is our biggest potential'. We finally got the DEC in cooperation with the Town. Has agreed to a safe building for handling a STOP program. We could now hopefully have this program going on all year around where we're going to hopefully get matching funds to put the building up in' the Landfillwhere chemicals can be stored until it's practical to have them transported away. We've discussed this with the DEC for three or four years, I guess, and we're one of the first towns that made them aware of this and they've cooperated and it's not going to be a hazardous waste site when we collect these anymore. The law has been changed and some good has come, and I think what it shows is that when you work with the State and County organizations some good can come of it.' It takes patience and it takes a lot of on-going talk, but results do come and I'm very happy to see this.' I had a call this afternoon from Harold Berger's office advising us to 'put in' the request for the matching funds on the building. We're going over to. Islip' Town to see their facilities next Monday on the recycling and right after that we hope to be able to go see a model of this building that BO CES If has built'. Il . ' PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to item 11 on Public Notices. There's six of them. These are all posted on the Town Clerk',s Bulletin Board for anyone's information. 1. _N.Y.S. Dept. of Environmental Conservation, Notice to all shellfish harvesters in'the Town of Southold, Emergency Designation of Shellfish Lands as Uncertified : All shellfish lands of Budds Pond and tributaries, including the entrance channel and the shallow inlet to Shelter Island Sound at the southwestern end of the pond. Accordin , pursuant to Section 13-0309 of the N.Y.S. Environmental Conservation Law, the ha ing of shellfish from the area described,. is 'prohibited. 2. U.S. Army Corps of Engineers, Notice of application of Paul Galgan, 4605 Stillwater Avenue, Cutchogue, for pier assembly, Eugenes Creek (East Creek) , Little Peconic Bay, Cutchogue. Comments by April 22, 1987. 3. U.S. Army Corps of Engineers, Notice of application of the Suffolk County Department of Public Works to dredge with beach nourishment at Wickham Creek, a tributary of Cutchogue Harbor, Cutchogue. Comments by May 13, 1987. 4. Notice of Public'Hearing by Assemblyman-John L. Behan and Assemblyman Joseph Sawicki, Jr. to solicit testimony from individuals and organizations in order to improve the performance of DEC and explore possible legislative initiatives--3 to 7 p.m. , April 30, 1987, County Center Legislative Auditorium,- Riverhead, 5. Suffolk County Office .of Handicapped Services, May 27, 1987, Public'Hearing on Handicapped Accessibility for the Suffolk--County Transmit 'Buses, 1 :00. P.M-. , Con- ference Room, Suffolk County Dept. -of Labor, 455 Wheeler Rd. , Hauppauge. APRI L 21 , 1987 81 6. N.Y.S. Dept. of Environmental. Conservation, Notice of Complete Application of Stirling Cove Condominiums, Greenport, to enlarge the existing docking facilities by replacing floating docks, extending docks, installing low profile timber jetty with floating docks, Stirling Harbor, Gr.eenport. . Comments by May 8, 1987. I11 . ' COMMUNICATIONS. SUPERVISOR MURPHY: (1) Letter from the Department of Health Services, County of Suffolk, concerning a Comprehensive.Water Resources Plan for Suffolk County, Volumes One and Two. They're extremely thick, that's why we didn't copy them. for everybody, but there is a set. for anyone interested to read and a good part of it is on the East End and it makes very interesting reading for the East End. IV. PUBLIC HEARINGS. (None) V. RESOLUTIONS . SUPERVISOR MURPHY: We'll move'.on to Item V, Resolutions. I'd like to remind the audience that the Town Board has a policy that anyone who wants to address the Town Board on any proposed resolution that's on your agenda, you may do so at this time. After the resolutions we will' have a period of time where anyone in the audience can address the Town Board on any matter whatsoever. So at this time I'd like to ask you just limit your comments to any proposed resolutions before we vote on them tonight. Yes, ma'am. LISA MEYERHOFF: Mr. Supervisor, Members of the Board, my name is 'Lisa Meyerhoff and I am the new Public'Relations Representative for the Greenport-Southold Chamber of Commerce and I'd like to read into the record a letter to the members of the Board from the Greenport Directors. SUPERVISOR MURPHY: Is' this concerning a resolution? LISA MEYERHOFF: Yes, I've been apprised of that, yes. This 'is regarding the Master Plan map and proposed zoning. SUPERVISOR MURPHY: There's no resolution on tonight. It 'was held. J.'m sorry. Okay? You can make that after. LISA MEYERHOFF: Okay, thank you. SUPERVISOR MURPHY: It was delayed because we weren't prepared enough. You could do it right after, all right? LISA MEYERHOFF: Okay, thank you. SUPERVISOR MURPHY: :: _Anyone else like to address the Board? Yes. LYDIA TORTORA: Lydia'Tortora here tonight on behalf of the Captain' Kidd Civic Association. I am president of that association. And on behalf of the West Beach Civic Association. There is 'a resolution (no. 31) on for the Town Board to support concept of a boat ramp at Mattituck Inlet. The Mattituck Inlet Civic Association is' vehemently opposed to that boat ramp. We took a vote on this 'matter two years ago at an August meeting. The vote was unanimous. I can submit 'records of that units minutes to you. I am more disturbed that 1 was notified of this by accident. That - our civi'c'association wasn't -apprised. of this,' as was anyone in' the community, for the Town should. even consider pursuing thismatter without being apprised of it: The fishermen are not here tonight. They had not had an opportunity to have input into this: it is -a navigational hazard. You are talking about launching boats into the channel in the summertime, into a narrow channel that is heavily trafficed. When you have summer boats in' there you are now going to launch right into this: The proposed site is-'right adjacent to Mattituck's only public-beach on Long Island Sound. I would be a little concerned about a potential pollution problem here. You are talking about ripping up, paving over dunes that Larry Penny, who is a noted environmentalist, made made a beautiful report on in' 1981 documenting the many resources of those- dunes, which include Beachpium and Terns, .and destroying them. I have those records. That property also belongs to the people of Mattituck who pay the taxes on that property. That is Mattituck Park District property. If anything is going to be done with it, shouldn't the Mattituck residents have something to say about it? I don-It think that the Town Board has the authority to simply take property which belongs to residents of Mattituck and decide what to do .with it. Not even with consulting the Mattituck residents? We pay the taxes on that property. We talking about monitoring an activity such as. this. There's a concession stand that is on that beach which is full of shotgun holes, because Danny Winters cannot sit down there 24 hours a day and monitor it and he shouldn't have to. It is 'an out of the way site. Are we going to add extra additional police to monitor', this, or are going to have to pay a constable with- taxpayers dollars? Who's. going to pay_ the liability? Increased noise. Increased . 82 APRI L 21 , 1987 traffic. Increased pollution and destruction of dune life for a public launching ramp that we the taxpayers will pay for. I don't think so. We more than anything want this Town Board to be apprised that the residents are very concerned that they were not even notified of this.' Thank you. COUNCILMAN STOUTENBURGH: Lydia, would you want any response to your comments?. LYDIA TORTORA: Sure. COUNCILMAN STOUTENBURGH: I was the one that put this. and for four years now-- three years--I've been trying to get. a access to the Sound for the residents of Southold Town. LYDIA TORTORA: Paul, there are six launching ramps in Mattituck Inlet, and ther one that's only three hundred feet down. COUNCILMAN STOUTENBURGH : There is no access that the people can use that I feel is worthy of a ramp. I know there's one at the end of the inlet_,which is Mattituck Park Distri:t, which has a .chain across it, which you must be a member of Mattituck Dark to use. We had; the Army Corps of Engineers, right from New York City, down before we even suggested doing this, and we got their' blessings that this 'was all right. As a matter of fact we had to have it to go through the Breakwater there. And we had those people down. They stood right there and they said' we could do this. What we intended to do is to go ahead and not take over your property, as you say we are. What we would surely do is ask if'we could utilize any of this area if possible. If not there is a road that is equally wide and Ray Jacobs maintains this; that you could cut half of that road out and you could fence that off as an area that you could use for boat launching so you would not have to use your sacred land of parks and dunes and Tern nesting colonies and imhat have you. I know Larry Penny, by the way, and there is 'no Terns in that area there ::whatsoever. He's referring to the opposite side of the inlet and there were Terns there, so there are none on the other side. There are Beachplums, what you say, yes, there are. And I don't see that there's too much difference, between the establishment of Pedersons right down the way which has--if you saw the boats he's starting to rack up there--launching boats and taking boats out there which is much narrower then where we're talking about--we're talking in the shallow area, off to the west side. We're not talking to put it way out into the middle, or anything of that sort, and we might just add one last thing--that all we'r doing is 'putting in a permit; which takes over a year to do. During that time we_ would have ample time for hearings and what have you. But knowing the length of time and what goes on as far as getting permits, it was my idea to try to see just if it was feasible to get through the bureaucracy, and it was suggested by Ray Jacobs that I go ahead before the Town Board and get their permission because he knew there would be objections from some people on the Town Board. And we said, yes,_ we would do that, and we did' do this. We discussed it and what we're trying to do is' to see if it's feasible to do. And that's what we're trying to do. Now I do think that the people of this Town have the right to get access to the Sound and if 'you can show me a better place where it's as easy to get to and the Town owns it, I would be much, much happier to use that then anything that we have to start all new in: LYDIA TORTORA: There is 'Town access. COUNCILMAN STOUTENBURGH : Where is 'that? LYDIA TORTORA: At Pedersons. There are five launching ramps for public access in' Mattituck Creek. COUNCILMAN STOUTENBURGH : With no charge? LYDIA TORTORA: In other words you're saying that someone who owns a boat can't spend five dollars to launch it; that we the taxpayers should pay for that? r COUNCILMAN STOUTENBURGH: I'm saying what? LYDIA TORTORA: If'there were no -launching ramps, Paul, I wouldn't be arguing. There are. I am a boat owner. I am not opposed to paying five or seven dollars to launch a boat at Pedersons or anyplace else. COUNCILMAN STOUTENBURGH : Why can I go to New Suffolk and I don't have to pay that? Why can Igo to any of our other Town ramps and not have to pay that? That's what I'm saying. SUPERVISOR MURPHY: Lydia, do you have any other comments? LYDIA TORTORA: No. APRI L 21 , 1987 83 SUPERVISOR MURPHY: Okay. Anyone else like to address the Town Board on any of the proposed resolutions? - Sir. CHARLES SIDOROWITZ: Representing the-Mattituck Fishermen's Association. I have a few questions concerning thisparticular resolution of Paul. Is this going to be for public use from Southold Town residents? COUNCILMAN STOUTENBURGH : That was our idea. Southold Town residents. CHARLES SIDOROWITZ : That's all. COUNCILMAN STOUTENBURGH: That's all we had intended. That's all we had intended. CHARLES SIDOROWITZ : But what will" happen---are any Federal funds going to be used for this? COUNCILMAN STOUTENBURGH: Not that I know of. If there would then there would probably be that and that would be a decision the Board would want to have to make. would hope we wouldn't go that route because every one of our own Town ramps now, including the one whitch we're looking at at East Marion, is 'for Town residents .only, and we do not want--if 'we can help it==to have anything but that. CHARLES SIDOROWITZ : But it's still possible that you would---- COUNCILMAN STOUTENBURGH: Everything is 'possible. I might not be here. These other Board members might not be here and someone else might change. CHARLES SIDOROWITZ: In that situation then anybody could use that ramp, not only Southold Town. COUNCILMAN STOUTENBURGH : We do have one ramp in Gull Pond--I don't know if you're familiar with that ramp. It was put in' by the State. The moneys came from the State and that is open to everyone in the State. Yes, that is 'the one ramp in' the Town that is open to everyone. CHARLES SIDOROWITZ: That that's the stipulation the State makes. COUNCILMAN STOUTENBURGH: Absolutely. They put the money up for it 'and there- fore everyone--and I don't think there's too many people there really. CHARLES SIDOROWITZ : So if 'we had to use State funds it would be open to anyone. COUNCILMAN STOUTENBURGH : If we use State funds, right, you're right -there. Just as i f you use Federal funds to do a channel there has to be access to that also. CHARLES SIDOROWITZ: Insurance. Would the. Town be liable? COUNCILMAN STOUTENBURGH: As they are on every one of their ramps in the Town, they would be liable. CHARLES SIDOROWITZ : And. as a concerned fisherman, the channel access at that particular point, when commercial' fishermen go in and out---I go out three or four o'clock in the morning. COUNCILMAN STOUTENBURGH : I know-' you do. CHARLES SIDOROWITZ: And it makes things harder on me, especially if 'I'm going to be liable. If I were to hit a person or a boat like the accident that happened in Mattituck, where a lot of these boats wouldn't have running lights and it would be a hardship on me '1 feel. Those are some of the things I would like to say about this. If there's going to be public meetings on it-'-- COUNCILMAN STOUTENBURGH : There surely will' be. CHARLES SIDOROWITZ : We would like to be informed. We were just informed tonight. That's why I just came down here. If'there's going to be public meetings on it 'I'm sure a lot of---- COUNCILMAN STOUTENBURGH : If you know anything about the DEC, you don't get a permit=-or the Army Corps--it takes literally years to get these things,, and by the time we have them drawn up and what have you there will be -enough drums rattling and what have you to have many a hearing l'm sure. CHARLES SIDOROWITZ : It's my understanding there was going' to be a vote on it ' tonight. 8 T APRIL 21 , 1987 COUNCILMAN STOUTENBURGH : No, the vote was merely to put in' an application. That's all. Things do get turned around to get you riled up perhaps. CHARLES SIDOROWITZ : Okay, well any way the Mattituck Fishermen!s Association, which is ; 1'5 or 20 residents of Mattituck, are opposed to this resolution any way. COUNCILMAN STOUTENBURGH: There's somewhat of a conflict, because I think the Baymen's Association would want it. So you have to think of both sides of these things® SUPERVISOR MURPHY: Might I ask you why are you opposed to it? CHARLES SIDOROWITZ : Well, because of the traffic it's going to create. Like I sa at three or four o'clock in the morning ifthere aren't any lights and a lot of these _ - II boats don't have lights, and we would have to come out. at that time on our way out to go fishing--- SUPERVISOR MURPHY: If'the ramp was closed at three or four o'clock in the morning would that be a problem? CHARLES SIDOROWITZ : If it was closed? How are you going to propose to close it? You have no plans. We haven't seen any plans. Then again, who's going to supervise this? Supervise the ramp? SUPERVISOR MURPHY: Is that your main concern, about the safety of boats going in and out, hitting somebody at three in the morning?. CHARLES SIDOROWITZ : Sure. SUPERVISOR MURPHY: Okay. Any other concerns? CHARLES SIDOROWITZ: Well, I can run around. The channel is 'limited. It's the depth of water. Some of our boats draw six or seven feet of water. COUNCILMAN STOUTENBURGH : Not off that jetty there isn't seven feet of water. You walk right along side of it at low tide. CHARLES SIDOROWITZ : That's what I'm. saying. . We have certain points where we can come in that are real low water at a moon tide--new moon, full moon. We can only follow a certain path in, and if there are boats! just laying around or just waiting to be hauled out, we have to stop. Boats don't have brakes. Big boats. COUNCILMAN STOUTENBURGH : I have a 27 foot boat. I know that. CHARLES SIDOROWITZ : We have 50 - 60 foot boats, and you just can't put brakes on them. You can't turn around or you might run aground. So then what happens then? COUNCILMAN STOUTENBURGH : One last thing, and I think we should go on. One of our big problems also is rescue. I know we have a .Coast Guard there, but we also have a Bay Constable who likes to get into the water and would like to get--what he does now, he goes down the end of the Creek, opens a lock, puts his boat in' there, - comes all the way out to get into the mouth of the Sound. This would be an excellent place for saving perhaps someone's life. And so thi s 'is another reason we'd like -to have an access to that area. CHARLES SIDOROWITZ : I'm sure the Town has a four-wheel drive vehicle. COUNCILMAN STOUTENBURGH : What do you mean by that? CHARLES SIDOROWITZ : A four-wheel drive vehicle can back right down the beach and put a boat in the water. COUNCILMAN STOUTENBURGH: On the Sound? You're a_.fisherman, you know, better then that. CHARLES SIDOROWITZ : I have a four-wheel drive. COUNCILMAN STOUTENBURGH : With the surf coming in and one man's going to do that? Come on. CHARLES SIDOROWITZ : I'm certain he can put it right in where you're proposing to put this ' ramp. SUPERVISOR MURPHY: Okay, any other comments?' CHARLES SIDOROWITZ : Thank you. APRI L 21 , 1987 85 SUPERVISOR MURPHY: Anyone else have any comments on the resolution? JOHN EPIDY: John Epidy, Ruth Road, Captain' Kidd Estates. I would like -to ask has there been an input by the people of Southold for this and if 'so did they have any petitions or have you got letters supporting your standing on wanting to get a ramp in the water, in Mattituck at the Breakwater? I mean, what is 'supporting this? Is there an input by the people? Do the people want it; and if 'so have they written a petition? COUNCILMAN STOUTENBURGH: No. JOHN EPIDY: Well, who are they? Who's behind all of this? COUNCILMAN STOUTENBURGH: Our..Baymen. JOHN EPIDY: Well, I mean, names. Have they supported this? I don't see anyone-- is anyone i n' favor of it here? COUNCILMAN STOUTENBURGH : There's no reason---we're not arguing the point. JOHN EPIDY: . I don't know where it came from is what I'm trying to say. Generally speaking when people want something we listen to the people. The people want this, and it's the democratic way of doing something. Now if it's an individual, then he should go to the people and ask for their support. Now I don't know who's brought this up on the Board--- COUNCILMAN STOUTENBURGH: I .brought it up. JOHN EPIDY: Right. Who are you being' supported by and why aren't they here? Normally when we have to do something up' there we have to make a petition to get going, but I see that everyone up there seems to be against it; and I don't see anyone for it, other than maybe yourself. COUNCILMAN STOUTENBURGH: If'I'm the only one then it 'wouldn't be done. JOHN EPIDY: Certainly it wouldn't be the Mattituck people, because they have a permit to get in`. from the dock, right? So it must be the people from Southold, -and if *so, where are they? Thisi'is •the point. SUPERVISOR MURPHY: Do you have any other comments? JOHN EPIDY: Yes,. I think that the people up there should know exactly what's going on all the time, because we're the ones that are going to suffer.,with it.' That traffic is going to be coming in and out of there. They're going to need parking facilities, and the during the summer months is going to be on our shoulders. I just wanted to let the Board know that I'm entirely against this situation. Thank you very much. SUPERVISOR MURPHY: Anyone else like to comment on .a proposed resolution? (No response. ) If not I'll move on to Resolution No. 1. 1. Moved by Justice Edwards,, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby. authorizes the Adult Advisory Committee (to the youth) to install one (1) soda machine and two (2) pinball machines in the Southold Senior/Youth Center, Peconic, and the Adult Advisory CommitteF shall assume all responsibility for the maintenance and care of the machines. 1.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Justice. Edwards,((SuperTVi.sor Murphy.:. ; No: Councilman Stoutenburgh. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is 'to authorize the Town Clerk to advertise a public auction. 2. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to place a notice in The Suffolk Times and The Lonq Island Traveler- Watchman on May 7, 1987 and May 14, 1987, advertising that the Southold Town Police Department will hold a public auction of unclaimed property, beginning at 10. 00 A M. , Saturday, May 23, 1987, at the Southold Town Police Headquarters, Main Road, Peconic, New York; viewing: Friday, May 22, 1987, 8: 30 A.M. to 3: 30 P.M. 2.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-* man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ._ADOPTED. SUPERVISOR MURPHY; Number 3 is to authorize a trailer permit renewal.' APRI L 21 , 1987 8 C 3. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the application of Jacqueline B. Moeller for renewal of a single family house trailer permit; for trailer located on the north side of Route 48, on the stable and riding school property, Southold, New York, which permit 'expired on Aprif '9, 1987, be and hereby is rg anted for a six' (6) month period. 3.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-: man Stoutenburgh, Justice Edwards, Supervisor Murphy. This' resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is 'to authorize an amendment to the agreement between St. Agnes Church and the Town on the use for our Nutrition Program for their Hall. 4. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis 'J. Murphy to execute an amendment to the agreement between St. Agnes Church and the Town of Southold for the use of St. Agnes Hall for the Nutrition Program and Senior Day Care Center Program, to provide for the deletion of Item 3, and the insertion of the following Item 3: 3. The Church hereby grants the Town the exclusive use of the Parish Hall twenty-four (24) hours a day, seven (7) days a week, Holidays included, for the remainder of this Agreement which ends on October 31 , 1987. 4.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is 'to authorize Andrew Stype to conduct an appraisal for farmland property. 5. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board- of the Town of Southold hereby engages the services of Andrew Stype to conduct an .appraisal of the farmland of Mrs. Orville Terry, Orient, to determine the market value of the development rights being offered to the Town; said appraisal cost shall not exceed $1,200. 00. 5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Counci 1= man Stoutenburgh, Justice Edwards, Supervisor Murphy. This' resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to authorize an advance on the Local Waterfron Revitalization Program. 6. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the advance of $15,000. 00 from the General Fund Whole Town Account to the Local Waterfront Revitalization Program; said funds to be reimbursed upon receipt of the grant funds. 6.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is 'to authorize and enter into an agreement with our Housing Program for Year XIII (1987) . 7. Moved by Justice Edwards, seconded by Councilman Penny, it 'was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the North Fork Housing Alliance, Inc. and the Town of Southold whereby the North Fork Housing Alliance, Inc. will administer the Southold Town Community Development Housing Program for Year XI I I (1987) . 7.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. This ' resolution was declared duly ADOPTED. - . SUPERVISOR MURPHY: Number 8 is 'to request the New York State DOT to conduct a traffic survey. 8. Moved by Councilwoman Cochran, seconded by Councilman Penny, it 'was RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Transportation to conduct a speed survey for the following area of Southold : from the easterly right-of-way line of Hortons Lane at its 'intersection with County: Route 48, northerly to Long Island 'Sound, easterly along the shoreline of Long Island Sound to the terminus of Soundview Avenue (west of the Southold Town Beach) , at its intersection with County Route 48, and westerly along Route 48 to Hortons' Land. - 8.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy: This resolution was declared -duly ADOPTED. 87 APRI L 21 , 1987 SUPERVISOR MURPHY: Number 9 is 'a transfer of funds. 9. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board 'of the Town -'of Southold hereby authorizes the transfer of funds from the General Fund - Part Town Account to the Park and Playground Trust Account to correct transactions processed for payment received September 6, 1985 for Richard J. Cron Major Subdivision - Amount of $5,350.00, plus interest of $446. 80 (total $5,796. 80) to be charged to B9'09 - Fund Balance (Unappropriated) . 9.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is 'to execute an agreement with the County on our .86 Housing Preservation Grant. 10. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J.` Murphy to execute an agreement between the County of' Suffolk and Town of Southold for participation in the 1986 Housing Preservation Grant, as a participating Consortium municipality, for the rehabilitation of single family residential property owned by low and moderate income persons in designated rural areas. 10.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is 'a trailer permit renewal for the First Baptist Church of Cutchogue. 11. Moved by Justice Edwards, seconded by Councilman Penny, it 7was RESOLVED that the application of the First Baptist Church of Cutchogue for renewal of a single family house trailer permit, for- trailer located on the north'side of Middle Road, Cutchogue, New York, which permit expired on April 14, '1987, be and hereby is ' rg anted for a six' (6) month period. 11.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman 'Cochran, .'Council man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is 'to authorize the payment on an agreement with the Long Island Regional Planning Board and NY5ERDA for funding to investigate the potential benefits and uses for the residue produced by waste to energy facilities.' I have a sample in' my car if anyone wants to see it.' COUNCILWOMAN COCHRAN: I'd like to see it.' So moved. SUPERVISOR MURPHY: This is 'our share of a grant that the `County is 'work"ing on. The 13 towns in Nassau and Suffolk County have agreed upon to fund to look for alternate uses of ash, rather than the terrible expense of trying to find a satisfactory landfill in somebody elses back yard. Hopefully this 'will work out to everybody's advantage, and this ' $2,000 is our share. The Town of Brookhaven is 'probably spend- ing $50,000. 12. Moved by Councilwoman Cochran, seconded by Council man Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between Lono Island Regional Planning Board and the Town of Southold whereby the Town will pay to the Long Island Regional Planning Board the matching sum of $2,023. 00 for our participation in the application to the New York State Energy Research and Develop- ment Agency (NYSERDA) for funding of a project to investigate potential beneficial uses for the residue produced by waste to energy facilities. 12.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, _:Council man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And number 13 is to proclaim Volunteer Recognition Week in* . the Town of Southold. 13. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby declares April 26, through May 2, 1987 as VOLUNTEER RECOGNITION WEEK in the Town of Southold, in recognition of the unselfish and dedicated work performed by the many voluntary groups and individuals throughout the Town, and be it 'further RESOLVED that the Town Board hereby recognizes and' pays tribute to. the Voluntary Action Center, the Suffolk County funded agency for the referral of volunteers to non-profit agencies, and who works daily with volunteers throughout Suffolk County. 13.-Vote-of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Co_uncil man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 88 APRI L 21 , 1987 SUPERVISOR MURPHY: Number 14 is to accept a bid. 14. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid'of Paul Corazzini E Sons Inc. , in' the amount of $31. 50 per ton, for supplying 1,000 tons, more or less as may be needed, of Sand Mix Asphalt with 5% AC20 - 3% mineral filler to be used, furnished and placed at the discretion of the Superintendent of Highways, all in accordance with the bid' specifications. 14.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Counci I man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And number 15 is 'to accept another bid: 15. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid' of R. O. Welch Asphalt Corp., in' the amount of $1 18 per allon, for furnishing and applying 150,000 gallons, more or less as may be needed, of Grades-'RC-2 and MC-2 Asphalt Road Materials, all in accordance with the Specifications of the Superintendent of Highways. _ 15.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And number 16 is to appoint a summer Clerk Typist in' the Town Clerk's Office. TOWN CLERK TERRY: Can I do that one? SUPERVISOR MURPHY: Sure. We'll all second it; too: I offer that resolution. 16. Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jocelyn A. McLean as a Summer Clerk Typist in the Office of the Town Clerk, effective July 1, 1987, 35 hours per week, at a salary of $6. 00 per hour. 16.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. TOWN CLERK TERRY: Thank you. SUPERVISOR MURPHY: And number 17 is to grant a Special License to hold a benefit dance on July 17th. 17. Moved by Councilwoman Cochran, seconded by Councilman Penny, it 'was RESOLVED that-in' accordance with Section 100-114(c) of the Code of the Town of Southold, the Town Board of the Town of Southold hereby grants DEVAAKA. Realty Corporation, Inc. a Special. License to hold a benefit dance for the Friends of Sacred Heart School, under a tent, on the Tolendal Inn ro ert , 12250 Main Road, Mattituck, from 8:00 P.M. to 1 :00 A.M. , Friday, July 17, 1987, provided they secure and main- tain the proper insurance to hold the Town of Southold harmless. 17.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Counci I-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:' And number 18 is to hold another affair. 18. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that in accordance with Section 100-114(c) of the Code of the Town of Southold, the Town Board of the Town of Southold hereby grants DEVAAKA Realty Corporation, Inc. a Special License to hold a fund raiser for the Bummy Hudson Open Scholarship Fund, under a tent, on the Tolendal Inn property, 1t250 Main Road, Mattituck, on the evening of Monday, June 15, 1987, provided they secure and maintain the proper insurance to hold the Town of Southold harmless. 18.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number .19 is to accept a bond estimate. 19. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bond estimate.-of $200,000. 00 for roads and improvements in the major subdivision known as "Paradise-by-the-Bay" located at Southold, all in accordance with the recommends tion of the Southold Town Planning Board, Superintendent of Highways Jacobs, and Engineer Lawrence Tuthill; and be it 'further • �-APRIL 21 , 1987 8 9 RESOLVED that the Town Board hereby�releas'es the passbook of William F. LaMorte, in the amount of $106,000. 00 to the Southold Savings Bank for transfer to Mohring Enterprises, Inc. and updatin to $200,000. 00; and be it 'furhter RESOLVED that the Town Board hereby directs that an additional inspection fee of $5,760. 00 be paid to the Town, which sum represents the differential between the $106,000. 00 bond and the $200,000. 00 bond. 19.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-; man Stoutenburgh, Justice Edwards, Supervisor Murphy. This ' resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And number 20 is to authorize' the appraisal of a subdivision. 20. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson for the purpose of conducting an appraisal of the subdivision of Papadopoulos and Maragos, located on the east side of Kenney's Road, Southold, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and play round purposes, all in accordance with Section A106-38 E. (3) of the Code of the Town of Southold, Subdivision of Land. 20.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And number 21. is 'to authorize a refund of $147. 67 to John Epidy on an overpayment on a Building Department fee. I offer that resolution. 21. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was RESOLVED that the Town Board of the Town of Southold hereby authorizes 'the issuance of a refund in the amount of $147. 67 to John Epidy, which amount represents overpayment of a Building Department fee due to an error in calculation. 21.-Vote of the Town Board : Ayes: Councilwoman Cochran, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain' Councilman Penny. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is:to accept a resignation. 22. Moved by Councilwoman Cochran, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with great regret, the resignation of Susan C. Steinmetz-'Fossett, Recreation Supervisor, effective May 7, 1987. SUPERVISOR MURPHY: And with thanks for doing a job- very well done. (With regret:) 22.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This ' resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 we're going to hold (lead agency in the matter of the proposed "Local Law to amend the Southold Town Zoning Code and Zoning Map. . . ") . There's still a little more work to be done. Number 24 is 'to execute plans and specs. 24. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel at New Suffolk Boat Ramp, Town of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging at New Suffolk Boat Ramp, in the Town of Southold, at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said' dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in' effect for the period of the required permits (Expiration date: October, 1996) ; now, therefore, be it RESOLVED that--.the Supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, spoil area agreements, assurances-.to the County of Suffolk, license and/or dreding permit applications to Federal and State Agencies and all other documents that may be required to accomplish said dredging work. 24.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is to accept a resignation of another young lady working in Judy's office, who has done an excellent .job. 25. Moved by Justice Edwards, seconded . by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Maria;Checklick, Clerk Typist in the Office of the Town Clerk, effective April 17, 1987. - 90 APRI L 21 1987 25.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is 'to authorize the advertisement for resumes for a part-time Bay Constable. 26. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a part=time Bay Constable for the 1987 Summer Season to patrol Peconic Bay, 20 hours per week, $7.50 per hour, employee to supply own boat and engine, Town will provide. up to $250.00 for gas and repairs. 26.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is 'to authorize the attendance at"a conference. 27. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was RESOLVED that the Town Board of. the Town of Southold, hereby authorizes the Town Board members and Superintendent of Highways Jacobs to attend the BioCycle National Conference on Composting and Recycling on May 4, 5, 6, 1987, at Boston, Massachusetts, and the actual expenses for mileage, meals, lodging and registration shall be a legal charge against the Town of Southold. 27.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council= man Stoutenburgh, Justice Edwards, Supervisor Murphy. This ' resolution was declared duly ADOPTED.. SUPERVISOR MURPHY: Number 28 is 'to authorize Special' Counsel. 28. Moved by Justice Edwards, seconded by Councilman Penny, it 'was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Smith, Finkelstein; Lundberg, Crimmins. 8 Yakaboski , 'of Special Counsel- to the Town Attorney, for a period of sixty (60) days, at $125. 00 per hour, and be it further RESOLVED that the following officials be and hereby are authorized to contact said Special Counsel for advice: Supervisor, Councilmen, Town Clerk, Superintendent o Highways, Town Justices, Receiver of Taxes, Chief of Police, Town Trustees, , Boarc of Assessors, Executive Administrator of: the Building Department, Board of Appeals, Planning Board, Farmland Committee, Community Development Administrator. 28.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is 'to authorize the creation of the position of Stenographer in the Office of the Town Clerk, at a starting salary of $16,8881. 32, Step I. 1 offer that. 29. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Stenographer in the Office of the Town Clerk, and hereby sets the starting salary at $16,881. 32 per annum (Step 1 , January, 1987) and be it further RESOLVED that the Supervisor be and he hereby is authorized to call for the Suffolk County Department of Civil Service Certification of Eligibles for this 'positibh. 29.-Vote of the Town Board : Ayes : . Councilman Penny, Councilwoman Cochran, Counci l= man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is 'to advertise for resumes for members of the Conservation Advisory Council.' I offer that resolution. 30. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the, Town of Southold hereby authorizes and directs the Town Clerk to. advertise for resumes for members of the Conservation Advisory Council; 2 year term, $30. 00 per meeting (includes one field inspection)_ 30.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is 'to support the concept for a boat ramp on the Dietz property in Mattituck. I offer that resolution. 31. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby au orts the 'concept of the construction of a boat ramp on the former Dietz property at Mattituck Inlet;' and authorizes the commencement of the permit 'process for the ramp construction by the Town APRI L 21 , 1987 91 31.-Vote of the Town Board : COUNCILMAN PENNY: No. COUNCILWOMAN COCHRAN : ' I 'expressed 'my concerns this morning at the Work Session, - and many of those, same concerns were expressed this evening and I cannot vote for this resolution. No. COUNCILMAN STOUTENBURGH : I expressed my concern this morning and yes., 1 will' vote for this ' and 1 only wish we were going to have enough people here to give you the other side of the story, instead of a one-sided story. Yes. JUSTICE EDWARDS : No. SUPERVISOR MURPHY: Yes. This resolution was declared LOST. SUPERVISOR MURPHY: And number 32, at the request of the applicant we're going to cancel the public hearing scheduled for Tuesday, May 5th, until further notice. 32. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby cancels the public hearing on the petition of Herbert R. Mandel for a change of zone, which hearing :was to be held at 8:00 P.M., Tuesday, May 5, 1987, all in accordance with the request of the applicant. 32.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And number 33 is 'concerning sand. 33. Moved by Councilman Penny, seconded by Councilwoman Cochran, WHEREAS, Southold Town beaches have" seriously eroded due to recent winter storms, an( WHEREAS, the rehabilitation of Town beaches will' require large quantities of sand and gravel, and WHEREAS, the County of Suffolk performs periodic maintenance dredging of the creeks and public waterways in' the Town of Southold, resulting in' the production of surplus spoil materials suitable for use by the Town of Southold as beach nourishment material for the rehabi litation of Town beaches, now, therefore, be it ' RESOLVED that the Town Clerk transmit 'a certified copy of this resolution. to A. Barton Cass, Commissioner of Public;Works of the County of Suffolk, together with a request that the Commissioner agree to make available to the Town of Southold any surplus spoil material resulting from Suffolk County dredging operations in the Town of Southold, especially from the proposed dredging projects at Goose Creek, Southold, and the New Suffolk Boat Ramp, New Suffolk, so that the Town may .use the same for. the rehabilitatio of Southold Town beaches. 33.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 34 is to create a position of Superintendent of Recreation I. 34. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Superintendent of Recreation I, ' sets..the salary at $21,845. 00 per annum, and authorizes and directs Supervisor Francis 'J. Murphy to request the Suffolk County Department of Civil 'Service Certification-of Eligibles for said position. 34.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. This' resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, you've heard all the resolutions for tonight, s 'there any Councilman have anything further? Ray? (Nothing, -thank you. ) Jean? (No, thank you, Frank.) Paul? (Nothing.) George? COUNCILMAN PENNY: Yes, just in' regard to the people that came in today from the Animal Welfare League regarding the Dog Pound construction, and in reviewing the contract I ran into our architect tonight at dinner and he told me that there is 'absolutely no problem with the time progress under the provisions. of the contract. At the time of the signing we acknowledged the fact that there were going to be inclement. conditions over the winter and we had also held up the contractor for about three weeks from the initial time that we had intended to have the signing, so we extended the contract from- not the original 90 days, but for six' months. So he is well within the limitations of the contract and things really are still in progress. Also, I visited that site today and was very happy and surprised to see that quite a bit of progress has happened in the last two or three days. The walls are painted on the outside the exterior coating. The inside and the outside are all prepped for pouring of the ramps. There's gravel in 92 APRIL 21 , 1987 place. I"here is wire in place. The forms are in place. The new furnace is hooked up and in place. The new ducts are run. So with a good somewhere in the neighbor- hood of--well, put it this way, he has until sometime in--that would be June, wouldn't it?--to get this completed under the terms of our contract. So I can understand the concerns of these people because progress .is *slow, but progress was anticipated to be slow and still is within the terms of our contract. Thank you. COUNCILMAN STOUTENBURGH: Why did the architect send a letter that we received threatening the builder with pulling a bond, George? COUNCILMAN PENNY: Because he anticipated--he was not aware--he had reviewed the original contract when it was first drawn, and he was not aware that the Town Board had extended this 'period to a period of six months. He acknowledged the fact that he was in error and he explained that to me at dinner this evening. COUNCILMAN STOUTENBURGH : I didn't think we asked him for a bond. COUNCILMAN PENNY: I don't believe we did, Paul. COUNCILMAN STOUTENBURGH: 1 wonder where he's getting his information from? COUNCILMAN PENNY: Well, we have the ability to waive the bond, and that would really not be a concern of the architect. That's the Town Board's concern. Gary .was going by the original documentation which he had, and not the final result. SUPERVISOR MURPHY: Anything else, George? COUNCILMAN PENNY: No, nothing. SUPERVISOR MURPHY: Okay, is there anyone in' the.a_udience who would like to address the Town Board ? Ed. :.._ EDWARD SIEGMANN: Mr. Chairman, I have a question, and then I have a remark that I'd like to make. The question is,, I saw a resolution tonight defeated by a vote of three to two. I'd like to know that if'a resolution can be defeated by,p vote of three to -two, how is it that our--the change of the Norris property had a vote of three to two and you, said you couldn't accept the vote of three to two. There had to be fou , votes. Why is there a difference in' this 'voting process? SUPERVISOR MURPHY: It .was a vote to pass, Ed. You need four votes to pass it. There was not four votes so the resolution was defeated. EDWARD SIEGMANN: In other words, if'two people abstained from voting up here tonight, and you had three votes "yes" to pass it, it wouldn't? SUPERVISOR MURPHY: No. EDWARD SIEGMANN: Why is 'that? According to the Town Code? TOWN. CLERK TERRY: It's according to law. COUNCILWOMAN COCHRAN: Town Law. Four out of six'. TOWN CLERK TERRY: It's according.to the number of people sitting here. Six people. And they need four out of six' to adopt a resolution. EDWARD SIEGMANN: Well, if there were only four people sitting there and two people were absent . TOWN CLERK TERRY: You'd need four "yes" votes to pass everything. SUPERVISOR MURPHY: We would need unanimous decision by the four people sitting here. EDWARD SIEGMANN : And what is the procedure. that you would use to try to change that Town Law? To make it 'a simple majority? SUPERVISOR MURPHY: You'd probably have to go to the State Legislature. EDWARD SIEGMANN : The State governs the Town Law in reference to those votes? SUPERVISOR MURPHY: We're a little different then. most other towns. We have one extra Town Board member. EDWARD SIEGMANN : ' This would even be different then the State when they -vote on something. When they vote on something in the State up in Albany, if they have a simple majority on something it goes. They don't say that you- have to have sixty APRI L 21 , .1987 93 yes and 30 no. So this would be con`t""nary"°to the way they vote. They vote on a simple majority. SUPERVISOR MURPHY: We would have to have our Town Attorney to advise that. EDWARD. SIEGMANN: It just interested me when I sat here to see a three to two vote could turn something down, but a three to two vote can't accept something.. This is ' apparently what the law is. JUSTICE EDWARDS : No, you're wrong. A three to two can't accept anything. We still have to have four to accept. EDWARD SIEGMANN: .This 'is what I just said: SUPERVISOR MURPHY: You have to have four pass. EDWARD SIEGMANN : Three to two can turn something .down, but a three to two. cannot accept something.. SUPERVISOR MURPHY: You have to have four to pass a resolution. EDWARD SIEGMANN: All right now, I was interested in' the report that Justice Edwards made tonight in' reference to the meeting that's going to be held.over on the Island. Af l understood it correct, it's with the DEC in; reference to finding out ifwith the amount of development that may take place. . . . . . . JUSTICE EDWARDS : Not the DEC. EDWARD SIEGMANN: Who would it 'be with? JUSTICE EDWARDS: Not the DEC. SUPERVIOSR MURPHY: It's Suffolk County Health Department reviewing requests for the'-Fishers Island Conservancy and Civic Association, 'who made a request for a water study. Asking for a wide spectrum and Joe -Baler' has offered to go, over to discuss with the people exactly what records have been kept, what Suffolk County does have, and what they would gain by having additional tests made, and is it worth' it. EDWARD SIEGMANN: And if I understood correct, you said that the purpose of this would be to find out if 'there would be enough water over there to whether you would . have to control' development, or whether you would have to let development run free if there were .enough water there. JUSTICE EDWARDS : No, we're controlling development over there now, but it's nice to know, as you people here in' Southold have had your water studies done, but we have not had any done over there. We would like to have a comprehensive study done just to see what we do have there. EDWARD SIEGMANN: I'm not arguing with you. In fact I'm agreeing with you that this should be done. But I tell you what hurts a little bit though, when I hear you say this and you had an engineering firm that made a study up in the area where Norris wants to build, and he came back with a recommendation that it should be two acre area up there and you also had a town planner who recommended at the meeting that you held, that it should be two acres up there, and still you voted against what the town planner recommended and what the engineering firm recommended.. I would say that if you're going to have these types of meetings and you're going to have these types of studies made, then you ought to pay attention to what that study produces, or it doesn't make any sense to have the study to start with. And I mean this, believe me, I mean this 'as constructive criticism. I'm not faulting you for what you did, but. l'm saying it's strange to hear someone say that somethings going to be done on Fisher Island and it was done over here and then after the recommendations were made the recommendations were just not adhered to and people voted against what was recommended to do. JUSTICE EDWARDS: May I make a comment? EDWARD SIEGMANN: Sure. JUSTICE EDWARDS : I think the last correspondence I got on the Norrisproperty there was from some engineering service that said there's plenty of water underneath . that property. EDWARD SIEGMANN: See, this 'is "the whole problem with the Norris. . . . JUSTICE EDWARDS: Hey, wait 'a minute. Are you going to admit to that or not?- 94 APRI L 21 , 1987 EDWARD SIEGMANN : I'll tell you. what I'm going to admit to. . . . JUSTICE EDWARDS: Is it 'yes or no? EDWARD SIEGMANN: I'm going to tell you that there were letters sent by Hart to your Planning Board claiming that certain things were so., that there's plenty of water there, we're going to take care of all the problems when they come---they still haven't gone on record with anything. They haven't asked for a permit 'from the Health Depart- ment. They haven't asked for a permit 'from the DEC. They haven't made any further representation to your Planning Board office here for a period of a year now, but they have been sending love letters where Hart says there's plenty of water, and Hart sa• the Town is doing a good job, but I still haven't seen anything from them engineerin wise. I can tell you something else if you want. There was a report made by the r. _. who owns the well company that digs the wells up there who says that there is 'plenty of water up there, but he said if you lower that water table by one inch, he said you're going to bring salt water in from the Bay. So all of these statements that are being made, but nothing has been sent in officially, I don't think they should stand up when you make your judgment. I think your judgment should be made on the things that was said. The engineering firm said it should be two acres. The town planner said it should be two acres. People that you hire. Not people that we hired made those recommendations. And still we lost the vote because we needed a fourth vote. See these.are things that you sit here and you listen to. And you know it gets under your skin when one thing is treated one way and something is treated another way-, and I agree with you a hundred percent, there should be a study out there on the water. I don't want to--or my kids, I hope, don't have to read twenty or thirty years from now what we're reading about in' Nassau County and Suffolk County, of all the problems they're having with water, because the people back in those days didn't listen. We're asking you' people to listen today, that our kids are not faced with the same thing that these people are faced with, and all I'm saying is that when you pay. engineering ,firms and you pay your town planner, then you ought to pay attention to what that engineering firm or the town planner says, or get rid of them. If you can't take their advice, don't have them. Get somebody in' that you can take their advice from. And I'm 'not disagreeing with your study over there. I think the study should be made, but I think it was wrong what was done with us because you had the answers from the study. And for people to say in newspaper articles that "I didn't have any information on the subject", this just isn't true. There was plenty of information on the subject. Information that was paid for by the taxpayers in' thisTown,.. but 'infors tion that was not listened to by people who have other reasons that they don't want listen to it. SUPERVISOR MURPHY: Thank you. Is there anyone else in the audience would like to address the Town Board? (No response.) If not, I think a motion to adjourn',is in order. I'd like to thank everyone for coming out tonight. On motion of Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8: 40 P.M. Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Judith T. Terry .Southold Town Clerk