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HomeMy WebLinkAboutTB-02/14/1984 1 SOUTHOLD TOWN BOARD February 14, 1984 Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare EXECUTIVE SESSION 2:15 P.M. - The Board met- with Special Counsel James Reynolds to discuss the pending litigation against Robert J. Douglass. WORK SESSION 2:45 'P.M. - Supervisor Murphy advised the Board that Executive Admin- istrator Victor Lessard had interview individuals for the part-time clerk_typist position in the Building Department and had selected Helen DeVoe. a recommend- e that she be appointed March 1st with a starting salary of $4.50 per, hour. A resolution will be placed on the February 28th agenda Supervisor Murphy also informed :the. Board that the old supervisor's car being used by the Building Department is in need of extensive repairs and would suggest purchasing a new car. It was determined that the money for a new car is not in the 1984 Budget and an attempt will be made to repair the old supervisor's car.--Supervisor. Murphy stated he would like to appoint Justice Edwards Deputy Supervisor for Fishers Island, .as such a title would give him more authority on the Island.. Town Attorney Tasker advised that that would not be possible, as the Super- visor may have only one deputy, the position being held by William R. Pell, III at the present time.--Discussion was held concerning a proposed local law to ban the use of lead solder with a content higher than 0.20 per cent where ranking water pipes are concerned. Norman Murrell of Ho zmacher, McLendon E Murrell, P.C. had submitted details of a study conducted by their firm, and the Suffolk County Department of Health has urged such a ban. Town Attorney Tasker presented a resolution (No. 30) which he prepared to implement this ban. 3:00 P.M. - Congressman William Carney met with the Town Board to discuss the Captain Kidd water problem, rid get an overview of the situation so he can determine if there is any kinEl of federal money available. 'Super= visor Murphy briefly outlined the history of the situation, stating that the owner of the Captain Kidd Water Company, Steve Tsontakis,' has said the financial problems may force him to close down the system before- summer. Furthermore, due the projected costs, and the inadequacy of the system, many of the residents in the area have begun to install their own wells. Congressman Carney said that there was a similar problem in the Shirley/ Mastic Beach area, but they did not qualify for Community Development Block Grant Funds, -as he is sure the Captain Kidd area will not, due to income levels. He said he is not optimistic, about available funding, but promised to have a written report for the Town Board within three weeks. 3: 10 P.M. - The following public hearings were held: Wetland Application of Thomas and Jacqueline Occhiogrosso Wetland Application of Russell B. Case Wetland Application of Pirates Cove Marine, Inc. Wetland Application of Lewis Edson 3:15 P.M. - Riverhead Town Attorney Richard Ehlers, and Community Development Program Planner Ric ar an ey addressed the Town Board—, seeking their support in opposing Article 7 of Suffolk County's proposed health code revision. The Town Board has already indicated their support of Article 7. Artic e 7 would allow the health commissioner power to block developments of industries in prime water recharge areas. Mr. Ehlers said the first step they wish to take is to require the County to prepare an Environmental Impact Statement which will provide alternatives, and then ask the Council on Environmental Quality of Suffolk County to evaluate the alternatives. He further stated that the. authority, if given to the County, 2 FEBRUARY 14, 1984 would eliminate the Town's zoning authority and would require everyone to deal with the county on every parcel of land, and the DEC already exercises authority over development applications in those environmentally sensitive areas. Supervisor Murphy expressed his 'confidence in the implementation of Article 7. 4:00 P.M. - Community Development Administrator James C. McMahon met with the Board to review the financial status of Community Development Block Grant Years VII, Vill, . IX as well as the Jobs Bill (fiscal year 83) . 4:30 P.M-. - The Board set Friday, February 17th, beginning at 8:00. A.M. for interviews for the Sanitation Supervisor position. Supervisor Murphy, Councilmen Townsend and Stoutenburgh . Landfill Committee) , and Superintendent of Highways Dean will conduct the interviews. Councilman Schondebare and Justice Edwards indicated they would also be present. 4:45 P.M. - The Board audited outstanding bills. EXECUTIVE SESSION 5:00 P.M. - Executive Administrator Victor G. Lessard met with the Board to discuss the Robert J. . Douglass pending litigation. 5:25 P.M. - Work session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, February 14, 1984 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent: Councilman James A. Schondebare (death in the family) SUPERVISOR MURPHY: I'd .like to. ask for a resolution approving the audit of the bills done today, including a bill I just brought in tonight that will be included in the audit,of the car telephone that was purchased for my personal car. Moved by Councilman Stoutenburgh, seconded by Councilman Murphy, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $40,.415.02; General Fund Part Town bills in the amount of $29, 144.46; Capital Account, Landfill Building and Equipment bills in the amount of $5,044.50; Capital Account Wastewater . Treatment Facility bills in the amount of $59.49; Highway Department bills in the amount of $45,417. 15; Fishers Island Ferry District bills in the amount of $8,937.76; and Capital Account Agricultural Development Rights bills in the amount of $185.'29. Vote of the Town. Board: Ayes: 'Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. No: - Justice Edwards. This resolution was declared LOST. SUPERVISOR MURPHY: . No bills get paid then. COUNCILMAN TOWNSEND: I'd like to offer a resolution, that with the exception . of that one bill, we _-. . TOWN CLERK TERRY: What one bill? COUNCILMAN TOWNSEND: The bill -on the telephone, we pay the various purveyors to the Town and so forth. JUSTICE EDWARDS: Second. SUPERVISOR MURPHY: On the question. COUNCILMAN STOUTENBURGH: Yes. Is Mr. Schondebare going to be here? r0l1NrII AAAN TrnArNcT=Nm. N1n FEBRUARY 14, 1984 3 SUPERVISOR MURPHY: 1 would like to make an announcement that Jay Schondebare had a death in his family and he cannot be here tonight. He. apologizes.. He.was here at the Work Session this afternoon and gave us quite a bit of input.---Now, on the question of paying the bills on the audit, Paul, do you have a question? COUNCILMAN STOUTENBURGH: No. SUPERVISOR MURPHY: Ray, do you have something further to. say? JUSTICE EDWARDS: I'll second Joe's motion to pay all bills except this last 'one that was entered this evening. SUPERVISOR MURPHY: Joseph, do you have anything further to say? COUNCILMAN TOWNSEND: -No, it's just unfortunate that when we're one person shy we need a unanimous vote to pass anything. SUPERVISOR MURPHY: Okay. All I can say is this bill was approved by a previous--this work. was approved by a previous..Town Board and if this one isn't being approved, no bills are being approved. Would you 'like to vote? Judy, go ahead. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the following *audited- bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $37,735.02; General Fun Part Town bills in the amount .of $25,144.46; Capital Account, Landfill Build- ing and Equipment bills in the amount of $5,044.50; Capital Account Wastewater Treatment Facility bills in the amount of $59.49; Highway Department bills in the amount of $45, 417.15; Fishers Island Ferry District bills in the amount of $8,937.76; and Capital' Account,.'Agricultural Development Rights bills in the amount 'of $185.29. Vote-of the Town' Board:. 'Ayes: Justice Edwards, Councilman Townsend. Noes: Councilman Stoutenburgh, Supervisor Murphy. This resolution was declared LOST. SUPERVISOR MURPHY: I'd .like. to. have an approval of the minutes- of January 31st'R.egular Meeting. Moved by Justice Edwards, seconded by Councilman' Stoutenburgh, it was RESOLVED that.the minutes of the Regular Meeting of the Southold Town .Board held on January 31, 1984 be and hereby are approved. Vote of :the Town Board: Ayes:' Councilman Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared. duly ADOPTED. SUPERVISOR MURPHY: I'd like to have a resolution setting the date of the next meeting for February 28th at 3:00 P.M. Moved by Councilman Stoutenburgh, seconded by Justice Edwards,' it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 3:00 P.M. , Tuesday, February 28, 1984 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: .The .first item on our agenda is Reports. These reports, for anyone's .information, are on file in the Town 'Clerk's Office, and I will go through them and if anyone has any questions, please stop me, and I'd be glad to answer them. 1. Annual. report (1983) Justice Edwards. 2. Supervisor's report for the month of January 1984. 3. Highway Department's 'report for the month of January 1984. 4. Fishers Island Ferry,District's report for the month of January. 1984. 5. Grant Program report for the month of January 1984. 6. Town Trustees report for the month of January 1984. 7. Town Clerk's report for the month of January 1984. One item in there I would like to mention to give you an idea of the activity in the Town, there was 735 yards of sand sold for the landfill in the middle of the winter, the coldest month. We are getting very active and very busy down there. The Town Clerk told me she sold just about that much to date. COUNCILMAN STOUTENBURGH': May I' inquire if those were all at the new rate. 4 FEBRUARY 14, 1984 TOWN CLERK TERRY: Of course, absolutely. Paul, as soon as that resolution became effective, that following Monday, the new rate was in effect. And that was back in October, of 1983. SUPERVISOR MURPHY: And the new rate was $2.-'50 a yard. COUNCILMAN STOUTENBURGH: There was nothing about the ones that had bought up previously? SUPERVISOR MURPHY : There. 'is 'nothing we can do, Paul, about them. COUNCILMAN STOUTENBURGH: I thought there was. SUPERVISOR MURPHY: No, they were sold at so many yards at so much. What Paul Stoutenburgh is talking about, is back in October we changed the fee schedule for the landfill, realizing that we weren't charging enough, that it was costing the Town--actually costing us money for each yard of sand we loaded on a contractor's. truck to take out of the landfill. By the time you figured the cost of the land, the equipment to load it, the personnel and all that, at $1.00 a yard we were losing money, and we raised the rate to $2.50 a yard and it's close to a break-even point, and we're also now competitive with--there are no other sand pits in Southold Town, but the biggest one close by is over in Westhampton, and they charge $2.50 a yard for bank run. 8. Annual report for. Justice Price (1983) . 9. Monthly report of. Justice Tedeschi (January 1984) . 10. Monthly report for Justice Price (January 1984) . And if anyone has the time sometime, look at these and .see the activity that's going on in our Justice Court. 11. Report from the Receiver of Taxes on the amount of money that was taken in and paid to the Supervisor for the first half of the taxes--the Town taxes--the total amount paid to the Supervisor was $17,580,586.33. This has been distributed. We act as a collecting agency, and this has been distributed to the various park districts, fire districts, school districts, who receive the bulk of this, plus our Town share, and the share going to the County. 12. Assessor's monthly report (January 1984) . 13. January (1984) report on the Grant Programs, and our Grant person, Jim McMahon brought us up to date on the last four years of the Community Development Grant Programs. 14. Police Department's .monthly report (January 1984), and if you want to get- an idea of the activity.in.the Town, look at that for the month of January.:. .15. The Building Inspector's report for. the month of January (1984), which ,is normally slow. Thirteen new dwellings, value of $1,267,000.00. Total activity, there were 12 permits.for miscellaneous farm and accessory buildings, 'eight additions, and three new businesses. The Town is getting very active. 16. Cablevision's report (January 1984) . 17. North Fork Animal Welfare League's report (January 1984)'. .1.8. I'd like to now ask the Councilmen for any reports of the standing committees they're on and any progress that has been made in the last two weeks. Councilman Townsend. COUNCILMAN TOWNSEND: Nothing on standing committees.' There is progress on the Landmark Preservation Committee.- I notice they're having a meeting tomorrow night. There was a letter _from the Long Island--Mrs., V°anderlou from the Long Island Society. for .the Preservation of Antiquities=-1'.m. not sure. if that is the exact name--and where for $12,000.00 they're willing to make a complete :survey of all historic structures in the Town. I didn't get a chance to discuss this with you in the prior meeting, but our Landmark Preservation group is well aware of that service, however, they feel that that's .what they're here for and they're going to do that and perhaps save the_ Town some money. Although will bring up the second request of this group to them. But' they are aware of that service.` Farmland Preservation. I don't think there has been a meeting since our last meeting and so that's .basically where_that's At. SUPERVISOR MURPHY: But you are working with the Town Attorney on the changes. COUNCILMAN TOWNSEND: Well, we've been_-I think the legislation is going to stand the way the Town Attorney has written it. I think we'll .set a hearing for it shortly, but I just wanted to-make sure there's no real reason for putting it in our zoning laws, as opposed to just setting up a separate classification for it, so we're going to contact Southampton head, Gil Flanagan, to talk over the reasons they're doing that. On the dogs there's a contract for approval that. will finalize a lot of the arrangement we have with the Animal Welfare League, and as as the eastern most Councilman I attended the League of Women Voters informational meeting on the proposed Master Plan and found that there was a lot of interest and a lot of concern in the eastern two hamlets, East Marion and Orient. They raised a lot of good questions and valid concerns, and 1 think that uihnn tho minlItPc nrP tvnnrl iin thPv'fl hp fnrwarrlPd to the mASter planners FEBRUARY 14, 1984 C for their consideration. 1 only hope, that: they--the other hamlet meetings-:are `1 as well attended. I'm sorry that"l` was' sort of forced to carry the ball, in that I'm not as familiar with the process as some people--the members of the Planning Board are--but Ruth and Jean helped out. and I think we were able to enlighten a few people, particularly on the subject of TDR's, which they were concerned with. That's about it, Frank., SUPERVISOR MURPHY: Thank you, Joseph. You've been working hard. . Paul? COUNCILMAN STOUTENBURGH: . Nothing, except to express my feeling that the local communities, when they have these meetings on the Master Plan, I think is where people can really vent their ideas. There were over 200 people in this auditorium. They actually were, standing up in the school auditorium in Orient:, so it. shows the interest' as we move along. It was very well done, 1 think, and think the people who put it on were extremely well. foresighted to see- that we needed this kind of local input. Nothing more. SUPERVISOR MURPHY: Thank you, Paul. Justice Edwards? JUSTICE EDWARDS: Just that Fishers Island is looking forward to RPPW coming over there and presenting the plan to the people on the Is and. Of course,- it was very bad not seeing- the color map like you people had the opportunity to do here and. there is some concern on the Island and they're looking forward to - th.eir visit over, there. Thank you. SUPERVISOR MURPHY: Thank you, Ray. I went in last week to. New York City, in the State Office Building, with Supervisor Lang of Southampton, and Ann .Dalton from the New York State Cable Commission and a representative of Times Mirror. We're in the negotiating stage of. a new contract. Our contract expires next year, Greenport expires this spring. Various villages on the South Shore expire within the next two years, as well. as the Town of Southampton, and we're in the process of coming up with what we hope is a much better plan. Thursday we're doing a .survey in the Town of new line extensions.' ' We expect to. have a public hearing sometime around the 14th or 15th of March. This will be announced in the papers to get input from anybody*in the audience, anyone who has any gripes or praises of Long Island Cablevision. We will ask.'you. to attend these meetings, and" if you do have a particular area you would like: to see served that isn't presently served, please call my office and let me know so it can be included. What .we're trying to.do is to keep our basic service charge, not to allow any increase in this, until possibly maybe two years after the complete system in the Town is rebuilt and what we're trying to do is 'negotiate a contract so that everybody's contract comes out at the same time. What this will do, it allows more competition in the future. to come in. Another .interesting item that we put in that is really for the community, is to have a community .TV station set up in Riverhead where shows could be taped, and .there.,-will be portable cameras,' I .believe, seven is what we asked for, to go to various sporting events, plays,'- school activities, senior citizen activites, whatever is going on in the East .End towns here, and. this would be played back on the local television station. It means 'about $90,000.00 .investment in equipment, which is specified in this. I. can't praise Ann Dalton, the repre- sentative from the New York State Cablevision, too much. She's really been fantastic in far as helping us come up with a contract that will certainly be better than what we have -to live with now. I've got two other- things, one . on the master planners. Paul and Joe both -mentioned-. The next one is Thursday night_in the Peconic Senior Citizen Center for the people from Greenport to the west, going down to Peconic, and please' attend your local areas. If you live in this area, please attend, see what's 'going on, and give these people your input so we know really how everybody feels, because we're going to have a good. plan if everybody cooperates and everybody puts their input into it. The more people that do, the better our plan is going to be for the future. There will be a Water Advisory Committee- meeting tomorrow night, and if anyone's interested, please show up. It will be at. the Town Hall at 7:30. That's about the end of my report and I would like to ask for a motion to. recess so we could start our public hearings that are scheduled for tonight. Moved by Councilman Townsend, seconded, by Supervisor Murphy, it was RESOLVED that a recess be called at this time,, 7:50 P.M. for the purpose .of holding the following public hearings: . 7:50 P.M. - petition of Robert C. Norkus and Aldona Norkus for relief- from the Bulk requirements of the Zoning Code. 7:55 P.M. - petition of Arthur P. Simon for relief from the Bulk require- ments of the Zoning Code. 8:00 P.M. - petition of Dalchet Corporation, et al, for a change of zone on certain property in Cutchogue. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared'duly ADOPTED. Meeting reconvened at 10:20 P.M. 6 FEBRUARY 14, 1984 SUPERVISOR MURPHY: We finished up with the reports. We're going on to Item 11 which are, Public Notices. 11. PUBLIC NOTICES. 1. Corps of Army Engineers application by Pirates Cove Marina to construct a bulkhead and backfill areas and remove an existing marine railway at Fishers Island. Written comments by February 24, .1984. 2. New York State- DEC,. Notice of public hearings on the Draft Inactive Hazardous Waste Remedial Plan. 3. U.. S. Corps of Engineers,,; Notice of Application. by Southold Bayhaven Property Owners Association .to.construct a groin 'at Watersedge Way, Southold. Written comments by March 5, .1984:. 4. New York State DEC, Notice of Complete Application by Leonard Lang to construct a deck at Budd's .Pond, Southold. Written comments by February 24, 1984. _ 5. New York State. DEC, Notice of Complete Application by Dr.. Francis Farrone to construct a one family home, sanitary system and catwalk with ramp and floating dock, Gid's Bay, .Orient. Written comments by March 2, 1984. 6. New York State DEC, Notice of Complete Application by Raymond Clempner to construct a garage at Inlet Lane Extension, Greenport. Written comments by February 24, 1984. would like to mention that all these' are posted on the Town Clerk's Bulletin Board for anyones interest. III. COMMUNICATIONS. 1. The Town of Riverhead, from the Supervisor Joseph Janoski, thanking Supervisor Murphy for supporting him as Chairman of the East End Supervisor's Association. 2. A reception by the East End Arts. and Humanities Council on Paumanok Weavers. 3. Letter from the American Legion Post, Fishers Island, thanking the Board for their financial suppor . 4. Complaint of Mrs. John Baiz concerning possible zone change. This has been passed on to the Town Board and Planning Board. 5. From The First Universalist Church of Southold concern CAST appoint- . ments. We have two appointments to make. I'll make them at the next Town Board meeting. on a resolution. I have one person that said they would serve. I would like to know if anyone else would like to serve on the CAST Board of Directors. 6. Letter from Marjory Smith and Constance Terry concerning give away of the Town, an item that was in the paper in Manchester, Vermont. 7. : From Assemblyman George Hochbrueckner thanking us for the help on the Marcy-South petition drive. I .might ask the papers, anybody, to give us some help on getting these petitions out. We have quite a few out already. 8. From the Town of Southold Blood Program thanking the Town Board for financial support. 9. Letter from Jacob S. Kamaiko thanking the Town Board for their help on a piece of property on the Main-Road towards Greenport. 10.. From our Town Historian asking about the possibility of a Town Seal, and several other items. COUNCILMAN STOUTENBURGH: Excuse me. SUPERVISOR MURPHY: Yes, Paul? COUNCILMAN STOUTENBURGH: There. was some concern about protecting that beautiful piece of work over there (quilt) . Have we thought anything about how we can do this?--In this letter from Mrs. Goodrich. SUPERVISOR MURPHY: Do you have any ideas, Joe? COUNCILMAN STOUTENBURGH: I think there should be some--maybe a spray or something. Somebody should look into that. . COUNCILMAN TOWNSEND: I wouldn't spray it, but I think we could probably enclose it in some kind of vinyl thing that resists Ultraviolet light COUNCILMAN STOUTENBURGH: I think we should pursue it, though, that's my point. Let's not just let it go by, I think there should be something done. SUPERVISOR MURPHY: Do you want to do it, Joe, or do you want me to? COUNCILMAN TOWNSEND: No, you're right here, maybe you can. SUPERVISOR MURPHY: Okay, I will look into something and report back. One of the suggestions, 1 think you made it today, about possibly this going over to England, was a very good--- FEBRUARY 14, 1984 7.._ COUNCILMAN TOWNSEND: It wasn't my suggestion. Just the person that donated it to the Town, or the person--Janice Robinson--suggested that since Mr. Pell is going to make an appearance at Southwold's thing, this would be a very very appropriate memento to display. It does reflect a lot of our local heritage, and she would be certainly happy if it happened, but it's ours now and I think it would be an appropriate thing. We have to be careful with packing it, it might be-- SUPERVISOR MURPHY: We'll look into that, how to safeguard it. Okay, moving on with the Communications. 11. From the American Planning Association. There is a workshop coming up (March 2, 1984) ("Interpreting the 1980 Census: Imp icat� ions :for Planning on Long Island") . 12. Letter from the Suffolk County Department of Health Services on Home Water Treatment Districts. This will be discussed by the Water Advisory Committee tomorrow night, and then the first week or so in March we expect to met with the County and a consultant on the Water Advisory Filter District. 13. Application for Waterfront Revitalization Program from the New York State Department of State. Jim McMahon is working with Paul Stoutenburgh on his and coming up with a program. If anyone else on the Town Board has any comments on what we'd like to have in it--some of the thoughts were launching ramps on the Sound, .fixing up some of the road ends where. road material is running off into the various creeks,' and shorefront properties.' This is about how it is going to be written up now. Anyone would like to put some .more comments into it, we would appreciate it. 14. Historian's report 'from the Mattituck Senior' Citizens Club, and thank- ing the Town Board for their help on various occasions. 15. Another unhappy customer of Long Island Cablevision (Eastern Long Island Hospital) . We will show this letter..--it has been sent to them, but we will bring it to the attention of the wheels of the corporation from Boston and California. Maybe we'll get a little more activity. SUPERVISOR MURPHY: Item IV, .we've had our public .hearings for today. We'll move on .to V, Resolutions. The first one is a clustering. Would some- one like to--. . COUNCILMAN STOUTENBURGH: Frank, I have something to say on that. I'm asking the Town Attorney if we could change the wording of that "Resolved that the Town Board -of the Town of Southold"-insteadof "has inspected", "has considered". Would that be appropriate? Because 1 do not, say I've inspected these things and I think we should not be accused of doing some- . thing that we don't do. - So I would just like to just have that word in each of the three, and from .henceforth, "has considered", instead of "has inspected". Unless each .of you want:to state that you have inspected these places. SUPERVISOR MURPHY: Joe, do you have any comments on it? COUNCILMAN TOWNSEND: No,- I'll go along with that. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: No, I agree- with him. SUPERVISOR MURPHY: That's all right, Bob? TOWN ATTORNEY TASKER: Sure. SUPERVISOR MURPHY: Would you like to offer that, Paul? COUNCILMAN STOUTENBURGH : 1 don't think it has to be .a resolution. JUSTICE EDWARDS: Just read it off as such. COUNCILMAN STOUTENBURGH: Oh, I'll read it, sure. 1. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it 'was RESOLVED that the Town Board of the Town of Southold has considered the property of Laurel Estates, located at Laurel, New York,. and hereby authorizes the Planning Board to consider said property as being developed in..the cluster concept. Said property bounded and described as follows: All that certain plot, piece or parcel of land situate, lying and being at Laurel, in' the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a point formed by the intersection of the easterly line of Aldrich Lane with the northerly line of the land of Mattituck Park District, which point is 1165.29 feet as measured northerly along the easterly line of 8 FEBRUARY 14, 1984 Aldrich Lane from Main Road and running thence from said point of--beginning northerly along the easterly line of Aldrich Lane the following courses and distances: (1) N. 34° 03' 00" W. 11:69.06 feet; (2) N. 320 56' 30". W. 370.'96 feet; thence easterly along the land now or formerly of Kujawski the following courses and distances: (1) N. 530 48' 40" E. 270.70 feet; (2) N. 660 37' 40" E. 106.25 feet; (3) N. 56' 21' 10". E. 69.30 feet; (4) N. 450 09' 4011- E. 73.70 feet; (5) N. 530 04' 40" E. 117.00 feet; (6) N. 560 18' loll E. 28. 63 feet; (7) N. 400 39' 10" E. 30. 36 feet; (8) N. 1*490 42' 10" E. 73.30 feet; .(9) N. 630 51' 40". E. 26.40 feet; (10) N. 450 59' 40" E. 25.35 feet; (11) N. 43° 13' 10"' E. 62.80 feet; (12) N. 230 55' 10" E. 86.85 feet; thence southerly along the land now or formerly of Roy Reeve the following courses and distances: . (1) S. 270 28' 50" E. 88. 80 feet; (2) S. 330 34' . 10" E. 336.50 feet; thence easterly along the land now or formerly of Roy Reeve N. 510 26' 00" E. 494:43 feet, to land now or formerly of William Unkelbach; thence southerly. along the land now or. formerly of William Unkelbach, now or formerly of James Mulvihill; and now or formerly of Cecil Young the following courses and distances: (1) S. 330 02' 20" E. 456.39 feet; (2) S. 320 57' 1.5" E. 665.60 feet; (3) S. 33" 37' 30" E. 1121.74 feet, to the northwesterly line of Main Road (N.Y.S. Rte. 25); thence southwesterly along the northwesterly line of said Main Road (N.Y.S. Rte. 25) the following courses and distances: (1) S. 410 23' 00" W. 66.85. feet; (2) S. 400 02' 40" W. 293. 95 feet; thence northerly and westerly along the land now or formerly of Thomas Wowak the following courses and distances: (1) N. 330 37' 30" W. 718.81 feet; (2) S. 56' 11' 50" W. 489.72 feet, to the land of the Mattituck Park District; thence northerly and westerly along the land of the Mattituck Park District the following courses and distances: (1) N. 330 48' 10" W. 379.76 feet; (2) S. 550 57' 00" W. 578. 10 feet to the point or place of beginning. SUPERVISOR MURPHY: Any other questions? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is 'to consider another cluster application. 2. Moved by Justice Edwards,' seconded by Supervisor Murphy.. it was RESOLVED that the Town Board of the Town of Southold has considered the property of James W. Dawson at Bayview, Southold, New York, and hereby authorizes the Planning Board to consider said property as being developed in the cluster concept. Said property bounded and described as follows: All that certain plot, piece or parcel of land, situate, lying• and-being at Bayview, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at the corner formed by the intersection of the southwesterly side of North Bayview Road with the westerly side of North Bayview Road, and from said point of beginning running thence South 21' 03' 50" West along the westerly side of North Bay- view Road 602.55 feet to land of Joseph Shipule; running thence North 670 34' 10" West along the northerly line of land of Joseph A. Shipu" Ie and land of Thomas P. Dougherty, Abraham Bender and Dominic Pugliese 296.87 feet; running thence along the northerly and northwesterly line of other land of Thomas P. Dougherty, Abraham Bender and Dominic Pugliese the following. 3 courses and distances:' (1) North 720 47' 1011. West 201.33 feet; (2) South 500. 52' 40" West 307. 11 feet; (3) South 75° 59' 50"-West' 191. 60 feet to a monument and land of Monte and Jean Warren; running thence North 1° 17' 00" East along the easterly line of land of Monte and Jean Warren 141.07 feet to monument and land of.Robert E. and Marion G. Loesges; running thence North 120 58' 30" East along the easterly line of land of Robert E. and Marion G. Loesges 552.66 feet; running thence North 610 52' 10" East 138.43 feet; running thence North 640 23' 40" East 373.64 feet to the southwesterly side of North Bayview Road; running thence along the southwesterly side of North ..Bayview Road the following 2 courses and distances: (1) South 610 51' 00" East 169.81 feet; (2) South 621 06' 40" East 420.32 feet to the corner the point or place of beginning. SUPERVISOR MURPHY: Any questions?' (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to allocate $7SU. 00 for a handicapped swimming program. FEBRUARY 14, 1984 t� 3. Moved by Justice Edwards, seconded by•Supervisor Murphy, it was RESOLVED that the Town Board of the"TowN 'of 'Southold hereby allocates $750-00 from Whole Town General Fund A7320.A Joint .Youth Account for a Handicapped Swimming Program for 15 children, sponsored by the North Fork Parents and Teachers of Special Children. SUPERVISOR MURPHY: Anyone have any questions on it? COUNCILMAN TOWNSEND: Yes, I do, Frank. I have a problem with it, because it's not that I don't feel the role of government isn't to help distribute .the wealth of the community to help the handicapped, 1 think it is, and I think in many instances we do,. but I have a problem with the way this is being done, in that we have not made any attempt to review the handicapped situation. With the facilities available -for the Town for all the handicapped people, and I'm a little concerned. I don't know first of all what's legal, and what isn't legal as far as this goes-. We just designate one program for a few individuals and donate money to that. That's one thing I'd like to have reviewed. Secondly, 1 would suggest that perhaps if there is a problem with facilities for the handicapped, and recreation for the handicapped, we should address it on an overall basis. In other words,' we can find out what kind of problems-- how many handicapped live here--I'd like to have some demographics on it. I'd like to find out what we can legally do; maybe we can provide a more comprehensive plan; maybe we'll .end up spending more than $750.00,,. but think if we do it on a very piecemeal basis ultimately we're going to be stopped for budgetary reasons. Regarding this specific request, I don't know, is there a regular swimming program for, people in the Town? 1• assume there is. SUPERVISOR MURPHY: I spoke to Bob Muir who runs the Red Cross Program in the Town for many many years. COUNCILMAN TOWNSEND: And I understand that those people, the people that use' the regular program pay a certain 'amount to do it--$10.00.'or some- thing like that. SUPERVISOR MURPHY: These people who use this program will be.also asked to contribute the same amount of the services. The reason the services are much higher is because this is 'a one on one situation. You can't have one person with 20 kids in the water. COUNCILMAN TOWNSEND: But I'm.just concerned. -1 certainly empathize with the people who are. handicapped and the parents.of handicapped people, because they.have extra financial burdens that we don't have, and physical burdens, .but I'm a little concerned with just approaching it without doing any kind of ground work, and not---because the next time somebody comes through that wants something, are going to continue to be able to-do this? To just grant whatever the request is? I'd like to have some sort of idea, before the budget time, how much we are going to dedicate to handicapped , services- and to what entity, so' that we can be a little bit more circumspect. SUPERVISOR MURPHY: Joe, .1 wouldn't be surprised if legally we have to have some kind of handicapped swimming program, if we are. providing the swimming program for those non-handicapped. COUNCILMAN TOWNSEND-: It's :quite possible. SUPERVISOR MURPHY: I'm quite sure. I would just assume that we have to. We could look into it further. Would you ladies- like to comment on this? You might be able to enlighten us a little more. .MRS. KATHLEEN GRASECK, President of North Fork Parents.and Teachers of SpecialChildren: We also, in our group, have other -individuals who come to our meetings, w o 'have handicapped adults, not just children, but we requested,, from the Town Board, this specific monies for our swimming program, because, as you know, June comes along in a very short time, and we were hoping that the Town could set aside monies for this purpose so that handicapped children could also have an. equal opportunity for a program, as well as normal children. If we could have a meeting, perhaps, on a Saturday and invite all handicapped people in the community to attend and voice their special needs, as well as the needs of children in the area, perhaps then we could .get a more--a better view into what the Town would need on an overall program. Mr. Bruce Blower, who is in charge of Handicapped Services for Suffolk County, has come out to our meetings and spoken to us about different services that are available. We inquired as to what would be available for children, and he said there is nothing out in this area, and he suggested that .we approach our Town on this matter.' SUPERVISOR MURPHY: . Can you answer, how did the 15 children come up? How did you arrive at number? ' Or 15 adults? 10 FEBRUARY 14, 1984 MRS. GRASECK: Well, we came up with the number of 15 children in anticipation of more children being involved in the program than we had' last year. There were actually nine children who were in the swimming program last year, and these children were paid for privately .by the families. We felt that there were children who would have gone into the program, but because of the cost it was probably--they were. unable to be in the program. COUNCILMAN STOUTENBURGH: Do you have any idea of the number of people in Southold Town that would quality for this program? I'm thinking of people who would take the swimming lessons. MRS. GRASECK: Right. You mean adults as well? COUNCILMAN STOUTENBURGH: No, I'm talking about your program. People of the same caliber as you're talking about right here. MRS. GRASECK: Well, _we anticipated about 15. We hope that this would---. . COUNCILMAN STOUTENBURGH: In the Town? MRS. GRASECK: In the Town. Our group covers children from Laurel to. Orient, all the way over to Shelter Island. COUNCILMAN STOUTENBURGH: Because that's. what I want to make sure and clear to the people, that it is not a local Southold village type of thing. MRS. GRASECK: No, not Southold village. We have members from Laurel, . Mattituck,. Cutchogue, Greehport; Southold, etc. SUPERVISOR MURPHY: ' So where would these lessons be given? MRS. GRASECK: They would be given either on the Bay or along the Sound. It would be a similar program to the program that the children have now. SUPERVISOR MURPHY: Would the parents be willing to participate in part of .the cost? COUNCILMAN STOUTENBURGH: As far as what, Frank? Are you saying the amount the other children are. paying? SUPERVISOR MURPHY: Yes, similar to what the other children would pay for their Red Cross lessons. MRS. GRASECK: Yes:, they would. COUNCILMAN STOUTENBURGH: In other words,' just like any other child? MRS. GRASECK: Yes. We're just--we're not looking for a hand-out, we're just looking for it to .be feasible for the average child to be able to be in this program. SUPERVISOR MURPHY: I also spoke to Mr. Bob Muir and he, if possible, would like to see if he could get some volunteers to help, which would reduce this cost. Now, if you would like. to hold this resolution, Joe, or authorize the $750.00 for the program, and maybe you could expand it. MRS. GRASECK: If you would like, I could have the girl who is in charge . of this program work with the Town Board on this. SUPERVISOR MURPHY: Why don't you have her contact me and we could see setting up a program--what we could do. Would you like to do that, Joe? To hold this for two weeks? COUNCILMAN TOWNSEND: It just seems .to me that--not to say that your cause is not a worthy one,- because I believe it is, but I would like to--I know there are some people that might like to play soccer, they might want to--there are other things that you may not be involved in. I would like to create some- . that would be more encompassing Town-wide. Maybe $750.00 would be a good number for this, but I would also like to have Bob check out the legal aspects of it; maybe it is a requirement on us; maybe we can't do it. And I would also like Jim McMahon to do some research and see if there is any duplicate funds so maybe we could provide a larger program. If' there is a grant that is ,.;available for handicapped athletics, or recreation, we might as well look into it and create a whole program that would be helpful. SUPERVISOR MURPHY: Kathleen, would you have•this person contact my office, then,. tomorrow morning, or the next day, and I'll arrange to have her come in and we could talk to Jim McMahon and then quite possibly maybe to have a committee of parents or people who are involved in'teaching the handicapped to come to a Work Session of the Town Board. FEBRUARY 14, 1984 MRS. GRASECK: Yes. Mr. Murphy, :I .just wanted ,to ,address this letter to you because we had hoped to appr..oach"the Town Board at a later. date. We hoped to get- a recreational program to include these children and the regular children in the Town of Southold, as well, and if,you bear with me for a few minutes'? "Dear Town Board Members We as parents and teachers of special children on the North Fork have come together as an association to share not only our concerns, but our hopes and aspirations for our children. We have set goals we would like to see achieved for the special children of the North Fork. Last summer we were. able to institute a one-on-one swimming program for some of our children at a cost to parents of fifty dollars for five sessions. Although the cost was within -the range for private tutoring, few were able to take advantage of the opportunity. We would like to see this program expanded to include all our North Fork children with handicapping conditions. We feel camping facilities should be made available for the mentally retarded as well as the physically handicapped and currently researching this possibility. Saturday recreation programs .in gymnastics, art, music and physical education combining both the handicapped and non-handicapped will serve not only the purpose of developing and enhancing skills, but in creating greater awareness of the handicapped by the non-handicapped population. It is our hope that perhaps with your expertise and that of the Town Board we can realize our goals. As Board members you are aware of the fact that parents and teachers of the handicapped are knowledgeable about the educational as well as social needs of their children. It is our hope that you will continue to be sensitive and responsive to the needs of special children in the development and implemen- tation of appropriate programs that will enable them to become contributing and productive members of our. North Fork community. . Should you at any time feel We can be of assistance, please' feel free to contact one of our officers listed below." 'i`�And. then we had an invitation to our next meeting on February 29th at 7:30 P'M. when we will be having Philip McInnis who will speak on the McInnis-Hammondsport Developmental Program. And we have a list of our officers and their phone numbers,. if that ..would be of interest to you. Thank you. SUPERVISOR MURPHY: Thank you. And could I. have that? And the person to contact--is the person on there to contact? Who should 1 contact? MRS. GRASECK: You can contact any one of these officers. TOWN CLERK TERRY: Who was it that was in charge of the program, that you were speaking about, Kathy? MRS. GRASECK: This particular program? The swimming 'program was Barbara Kujawski; she's the Treasurer. SUPERVISOR MURPHY: Which Barbara is this, there are a couple of them. MRS. GRASECK: Mrs. Raymond Kujawski, Aldrich Lane. SUPERVISOR MURPHY: Oh, yes,' 1 know, in fact I've spoken to. her-. All right, let's .table this resolution and let's .start working with these people to start something. MRS. GRASECK: Thank you very much. SUPERVISOR MURPHY: You're welcome. And thanks for coming here and giving us this information: Number 4 is a transfer of money in' Community Development for the Year Vlll and IX. 4. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, the Town Board of the Town of Southold, after due notice, held a public hearing at the Southold Town Hall on Tuesday, January 31, 1984, on the proposed amendment to the Community Development Year Vill and IX Programs,' and WHEREAS, all interested citizens were given an opportunity to be heard at said public hearing, now, therefore,- be it RESOLVED that the Town Board of.the Town of Southold hereby authorizes the following amendment to the Community Development Year Vlll and IX Programs as follows: Current New Activity Budget Increase Decrease Budget Cutchogue Library FY8 $10,000..00 -0 $10,000. 00 -0- Linnett Street Housing Acquisition FY8 -0- $6,500..00 -0- $6,500.00 Jarvis-Housing Acquisition FY8 -0- $3,500..00 -0- $3,500.00 . Housing Rehabilitation 12 FFBRUARY 14, 1984 FY9 $65,000.00 -0- $65,000. 00 -0- Flint Street Housing Rehabilitation FY9 0- $65,000.00 -0- $65, 000.00 SUPERVISOR MURPHY: Anyone have any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to purchase a vehicle. 5. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town. Board of the Town of Southold hereby accepts the bid of Mullen Motors, Inc. for supplying the Town with one (1) 1984 Plymouth Gran Fury, four-door sedan, all in accordance with the bid specifications, at the bid price of $9,250-00., which includes the trade-in of one (1) 1974 Ford Bronco, and one (1) 1978 wrecked Ford pick-up. Said vehicle to be paid from the Part Town, Police Contractual ,Account. JUSTICE EDWARDS: Question, Frank. Why was not the low bidder taken? Wait a minute, I'm. sorry, it was. COUNCILMAN TOWNSEND: Volinski .Olds it seems to me was lower:. SUPERVISOR MURPHY: No, it's not, $9,922. 00, compared. to $9,250. 00. COUNCILMAN STOUTENBURGH: This has already been done, Frank, but I'd like to ask what was this going to be used for?. SUPERVISOR MURPHY: This is the Police Department. COUNCILMAN TOWNSEND: This is going to be used as the Detective's car. SUPERVISOR MURPHY: It's a stripped down vehicle, basically, it's not the police-package unit. 1'ts a regular standard car. COUNCILMAN TOWNSEND: It's a really economy model, and is only costing $9,000.00. COUNCILMAN STOUTENBURGH: With air-conditioning. JUSTICE EDWARDS: Oh, by all means. SUPERVISOR MURPHY: They have to have. COUNCILMAN STOUTENBURGH: With power windows. SUPERVISOR MURPHY: _-if they have to sit on a stake-out in the middle of the summer down at the Town Beach for four or five hours. Any further questions? COUNCILMAN TOWNSEND: Only one comment on these. Sometimes these packages come in with air-conditioning--they sometimes throw these other things in, and it costs you more if you want to get a car, to eliminate the . power windows,than not. That's .just my personal experience. Not that have power windows in my car. . That's the only thing 1 would comment on that. That sometimes they have these packages of extras. COUNCILMAN STOUTENBURGH: I don't know exactly what it is, but the extras are always put in at about $1,000. 00 more which brings the price of the car up, though. TOWN CLERK TERRY: Well, this is one that we rebid in order to get the price down,. by the way, and it. did come in lower. COUNCILMAN TOWNSEND: I think 'perhaps if you want to bring that up at the Police Committee meetings, that we eliminate power windows and---. . COUNCILMAN STOUTENBURGH: Well, to me, if you can't wind down a window, well, I don't know. Well, that's .something to think about. SUPERVISOR MURPHY: Any other comments? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is a resolution to repair and replace the transmission on our payloader. FEBRUARY 14, 1984 13 6. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold. hereby accepts the bid of Van Buren Automotive Products to set in place and perform the necessary labor operations to remove and replace the,transmission on the Fiat-Allis Model 745-C, and install remanu actured transmission, which includes all mandatory replacement parts, but excludes any major rebuildable components, such as: housing and gear sets. Accessories net items required for installation are: C-3 oil, remove filter assembly, brackets;' hoses and fittings, all in accordance with the bid specifications, at the total bid price of .$6, 160..09. SUPERVISOR MURPHY: Any questions on it? . (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. • r This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to accept the bid of--Ray Dean says to take the low bid, which is Pastor Chevrolet for a price of $12,128.90. 7. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pastor Chevrolet, Inc. for supplying the Town with one (1) new :1984 = one-ton truck (complete), as per specifications, at the bid price of $12, 128.90. SUPERVISOR MURPHY: Any questions on this? (No response.)- There are exceptions, if you notice. on the bottom of Pastor Chevrolet, and most of the exceptions are,on the plus side, they're a little more horse power, 'a little more amperage,, that type of stuff, and Ray Dean is very happy with this type of truck. It is 'a light-duty truck.. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 =- 8. Moved by Supervisor Murphy,. seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pastor Chevrolet, Inc. for supplying the Town with one (1) new .1984 one-ton truck cab and chassis, -as per specifications, at the bid pace o 9,203. 90. SUPERVISOR MURPHY: This is the same way--Ray suggests taking the Chevy, which is the low bidder. Any questions on it? This is just a' cab and chassis. COUNCILMAN TOWNSEND: There are. a lot of exceptions on this one, and the price difference isn't so. much, and we're talking about. somebody in Montauk, versus somebody in .Southold. SUPERVISOR MURPHY: No, Westhampton. Montauk Highway. The other is in Riverhead, and the other one is Mullen Motors in Southold. COUNCILMAN TOWNSEND: Who is the next lowest -bidder? SUPERVISOR MURPHY: Riverhead Motors. .$9,3631.00---. . COUNCILMAN TOWNSEND: We're talking about $300.00 .here. SUPERVISOR MURPHY: What we did, Joe, we speed out the Dodge truck.. Ray is very happy with it.. COUNCILMAN TOWNSEND: I'm just a little worried about the procedure of spec'ing out one truck and not accepting the other one. I'll go along with it, yes. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is the contract with the Department of Environmental Conservation on our clams. 4 FEBRUARY 14, 1984 9. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized t and directed to execute a contract between the Town of Southold and New York State Department of Environmental Conservation, Bureau of Shellfisheries, for t e 9984 Shellfish Transplant Project, to be partially funded through the D.E.C.'s federal y unded Grant-In-Aid Program (50o reimbursement to the Town) . The program shall include (1) The relay of adult spawning stock from "deep" :water to "shallow water" areas, to supplement native spawning, and (2) The purchase and grow-out of- sub-legal size "seed" stock through on-bottom and off-bottom cultivation. COUNCILMAN TOWNSEND: This refers to the clam program, I assume, or does it also include the scallop program as well? SUPERVISOR MURPHY: . Both programs, Joe. We get back 50% of clams and one-third of materials used in the project. Any other questions? COUNCILMAN STOUTENBURGH: No, but could we send a copy of this resolution to the Baymen's .Association? SUPERVISOR MURPHY: Sure. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number _10---. •10.. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that. the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the applica- tion of Joseph Fischetti for a Wetland Permit on certain property located at the north. end of Arshamomaque Pond, on the south side of Middle Road, Southold, New York. . SUPERVISOR MURPHY: Anyone on the question? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is to set a public hearing on appearance tickets. 11. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town. Board of the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, Southold, New York, on the 28th day of February, •1984, at 3:30 P.M., at which time and place all interested persons will given an opportunity to be heard upon the following matter: "A Local Law in' relation to authorizing the issuance of appearance tickets by Building Inspectors," which reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Section 26-2 of Chapter 26 of the Code of the Town of Southold (appearance tickets) is hereby amended by adding a new subdivision thereto, to. be Subdivision C to read as follows: C. Building Inspectors. - Any statute, local law, ordinance, rule or regulation relating to fire prevention and safety, health and sanitation, buildings, zoning and planning. _ 11. This Local Law shall take effect immediately. SUPERVISOR MURPHY:' Any questions on it? . COUNCILMAN STOUTENBURGH: You might explain just what that is for those in the audience. SUPERVISOR MURPHY: Anyone out there care to--- MRS. RUTH OLIVA, President,. North Fork! Environmental Council: No. COUNCILMAN STOUTENBURGH: You know what it is? MRS. OLIVA: We know. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is to sell shares of stock.. FEBRUARY 14, 1984 15 12. Moved by Justice Edwards, seconded by, Supervisor Murphy, WHEREAS, Mrs. Sara Ridgeway McLean'has``donated 170 shares of Lowes Cos. to the Town of Southold for the purpose of acquisition of real property rom the United States Government and located at Fishers I slan New York, and WHEREAS, the Fiduciary Trust Company of New York has requested that appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to Fiduciary Trust Company of New York in accordance with their instructions. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Ray, would you like to offer this 'one also, -it's a lease. JUSTICE EDWARDS: Yes,' I'm going to go along with it, but I'm not to happy with it. 13. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to execute a lease between the- Board of Commissioners of the = Fishers Island Fire District and the Town of Southold for the lease of one office room adjacent to the entrance hall in the Fishers Island Firehouse, together with specified office furniture. in said room, effective April 1, 1984, for a one year term, with automatic extensions "for successive years, for the fee of $800..•00 per year, to be paid upon the execution of the lease, to be used by the Southold Town Justice on Fishers Island. SUPERVISOR MURPHY: I'd Like to mention the lease previous was $500. 00, that was signed about four years ago. Would you mind telling us,' Ray, why you're not happy? JUSTICE EDWARDS: Well, I think--we have to have a place on the Island to hold court. The room that's .there is used by two other districts besides myself. There's really not that much room in it and I think the amount of money that the Fire District is asking for is kind of ridiculous, and 1'd. like to go along with it this year because it came up suddenly, but next year I'd like to see if it were possible to put this money into the State Police Barracks down there where 1 hold must of my courts in the summer- . time. TOWN CLERK TERRY: This doesn't expire until March 31st. SUPERVISOR MURPHY: We have time. COUNCILMAN STOUTENBURGH: Well, what else can we do? SUPERVISOR MURPHY: What about the Ferry District? Can't we use any part of their offices?' JUSTICE EDWARDS: No,- except for the new buildings that they've recently acquired, but they would require some extensive remodeling to move in there. The Ferry District doesn't have any room per se. The Ferry. District does own the State Police Barracks. The State Police does pay the energy charge there to keep that place heated during the wintertime and 1 think this money that the Town pays to the Fire District could go into that building down at the Fort. SUPERVISOR MURPHY: Why don't we look into dealing with the Ferry District. TOWN ATTORNEY TASKER: The Ferry District is ours.' SUPERVISOR MURPHY: It seems kind of silly' to be paying taxpayers money to taxpayers. Let's hold it. JUSTICE EDWARDS: The only problem is,you're going to have to check with the State Police to see if we can dedicate one room in the barracks for the Justice Office. COUNCILMAN STOUTENBURGH: We have time. JUSTICE EDWARDS: There are three or four bedrooms in there; if we could dedicate one of the downstairs rooms. 16 FEBRUARY 14, 1984 TOWN ATTORNEY TASKER: It's ours.. JUSTICE EDWARDS: I know that. SUPERVISOR MURPHY: All right, let's table this. JUSTICE EDWARDS: Trying to save you money, Frank.. SUPERVISOR MURPHY: That's .exactly what we're doing. Number 14 is to establish a new committee, known as the Transportation Committee.- I'll offer that resolution. 14., Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board .of the Town of Southold hereby creates a new committee, to be known as the "Transportation Committee". COUNCILMAN TOWNSEND: Since I see in the next one coming up there there's _ a---what's .the purpose of the Transportation Committee? SUPERVISOR MURPHY: One of the reasons, Bob Brown called and there is a problem where we might lose a lot of the buses because' of lack of ridership, and to try to coordinate better scheduling or more use I thought if we could get the Town Board involved and maybe we could provide a service that's needed. Maybe work with the Nutrition Center a little, somewhere to get the ridership up, and it's one way we're going to try to keep a program that we have in the Town, otherwise Bob Brown says we're going to lose it very shortly. JUSTICE EDWARDS: And. also Miss Jody Adams suggested this. SUPERVISOR MURPHY: Yes, that's one of the reasons.* COUNCILMAN STOUTENBURGH: And I'd like a letter to. be sent to her saying that this committee has been set up--just a short note. COUNCILMAN TOWNSEND: Justin the future. I'd like a little.time to consider it before--we have to accept-the appointment, but I'd just like a little time to consider this thing .so' that I know I can perform effectively. I don't feel that 1 have the time to do it. COUNCILMAN STOUTENBURGH: There's no rush on this, you can let it go until the next time if you want to. COUNCILMAN TOWNSEND: It doesn't matter to me, but in the future 1 would i ke--- SUPERVISOR MURPHY: Sure. Okay, let's .vote. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 14. SUPERVISOR MURPHY: Number 14(a) is to appoint Councilman Paul (a) Stoutenburgh to this Transportation Committee for the western end of Southold and Councilman Joseph L. Townsend, Jr. to the Transportation Committee for the eastern end of Southold Town. Another area that is possible to work into is maybe transportation from the train out to the ferry in the summertime. COU.NCILMAN TOWNSEND: The bus, because the train now pulls in with two or three people: SUPERVISOR MURPHY: Number .15 is to appoint an Assistant Inspector for the Town Fire Code. 15. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John C. Harrison, Mattituck Fire District, an Assistant Inspector under the Southold Town Fire Code, effective February 14, 1984: through September 9, -1984. SUPERVISOR MURPHY: On this question, this was the one member that was not acceptable to Victor. We went back to the Fire Commissioners, explained exactly what was done, and they are sending this in. They wanted to- send the same name in again. I would suggest we go ahead andpappoint him. Any other questions? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly AD0PTFn_ FEBRUARY 14, 1984 17 SUPERVISOR MURPHY: Number 16 is. to, declare us lead agency in the applica- tion of Helen Case for a Wetland Permit: 1 offer that resolution. ' 16. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Southold Town Board declares itself lead agency in regard to the State Environmental Quality Review Act in the matter o the application of Helen Case for a Wetland Permit on certain property located at West Creek, off the south side of New Suffolk Avenue, Cutchogue, New York. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards,' Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to set an amount for a bond on road improvements. 17. Moved by Justice Edwards, seconded ,by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $700,000.00 for a bond for roads and improvements in the subdivision known as "The Cove Beach" at East Marion, as recommended and approved by the Southold Town Planning Board and Town Engineer Lawrence M. Tuthill. SUPERVISOR MURPHY: Any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Cburrcilman._Tgwnsnd, Supervisor. Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY i. .' Number: 18 is 'another`-set; the bond .amount. 18.' Moved by Councilman Stoutenburgh, :seconded by. Justice Edwards, it was RESOLVED. that-the.Town._ Board• of the Town of Southold .hereby approves the..amourit_ o.f. $250.,000...00_ ffor a_bond :for roads and:improvements in the subdivision known as "Homestea Acres" at Greenport; as recommended and approved by the- Southold. Town Panning Board. and Town Engineer Lawrence M. Tuthill. SUPERVISOR MURPHY: . Any. questions?. .(No response.) ' Vote.of the Town Board.: Ayes: . Councilman Stoutenburgh, Justice Edwards," Councilman Townsend, Supervisor Murphy. This .resolution was declared duly ADOPTED. SUPERVISOR- MURPHY-: : Number, 19 is 'to appoint a. replacement on the Board of Assessment Review for a five .year term; effective February 22nd, .1984.• The present man in this position is Sam Markel.;, who there is a letter in here expressing interest to be reappointed. : Anyone have any other ideas on it? COUNCILMAN TOWNSEND:- The only idea I have on this 'thing is that we have created a situation where very qualified- people have applied, and I was pleased to see- those applications on the one hand, but. saddened on the other, in that they've gone to an effort; as far as I'm.concerned, that is largely wasted, because I'm , happy with Sam Markel. He's .been on it, .he's been doing a good job, .and feel that there is 'no reason to pull him off, even though somebody may have more technical qualifications has applied. ' Same is an intelligent man and he's' familiar with property values- around here•. It just'' seems as though it would be a shame to.pull him off, even though somebody else' may have a little more qualifications on paper, we don't know how .he would react. We' haven't interviewed these people. I .feel in an instance like this ' there must be some way that we could- unless the Board expresses dissatisfaction with the person, that we would not have to go out and initiate.applications and solicit applications .if we feel we're happy with the .person and the way he's behaving. If we're not happy with him, that that's a different story, and it's .the concensus of the Board, or one or two members of the Board, that we should go for applications, then we should do it. . But I think it's .a waste of time and money to do it. Time on our part and other people's part, and the applicant's part. in. an instance such as this, where-l-think-most-of us are. satisfied- with Sam Markel. I may be wrong. SUPERVISOR MURPHY: Yes;, I was glad to see, that so many people took the time to put an application in, and I agree with you, Joe, I think they should be considered, and I agree with you that Sam's done a decent job. Personally like Clem Thompson. I'd like to see some changes on some of these boards. think after a while you get too set in your ways. What has he been on--ten years? TOWN CLERK TERRY: I think he has been on a very brief time, perhaps = three years, he filled an unexpired term. 18 FEBRUARY 14, 1984 COUNCILMAN TOWNSEND: What is the nature of your dissatisfaction with Sam? SUPERVISOR MURPHY: Nothing. COUNCILMAN TOWNSEND: His party registration? SUPERVISOR MURPHY: No. He gave Bill the office. COUNCILMAN TOWNSEND: I know--I'.m. sure he told you that. COUNCILMAN STOUTENBURGH:. 1 would hope it wouldn't be that. I myself feel that each position merits investigating, and that's my feeling on this; that I don't see how we can. go ahead and follow your idea and pick a person that we think is right, when I don't really know what Sam Markel does. I take the Board's position saying that he—that they recommend him. I say that's .true, but I'd like. to hear what Sam Markel says and I'd .like to hear what these people say. COUNCILMAN TOWNSEND: So you. want to interview. Do you want to interview these people?- COUNCILMAN STOUTENBURGH:. I don't see why not. I don't think it would . . be an hour's .job, ten minutes each, and you sit through and at least you've given them the right to be heard and if we find somebody who is extremely good, 1 say now is the time to.act. . .I it's..sort of like the rule in the natural world, the better- survive,- and if we have better people we make. a better board, and only through finding out what's out there and what ,the board is do we make a better board, otherwise--and I'm not saying anything against Sam Markel, A know him very well, and have nothing against' him, and I don't . think I have any problems .with him whatsoever, and I don't think he dislikes me. I just feel it's .an obligation we have to open this thing up to everybody, and surely a lot of people must think that's .a good idea, because a lot of people have put their'names in. i COUNCILMAN TOWNSEND: Well,- all I'm, saying is that the person has worked 1 hard--I'.ve attended some of the meetings, I've seen him function. COUNCILMAN' ST0UTENBURGH: Then he has nothing to worry about, really, Joe. COUNCILMAN TOWNSEND: Well, I know, but I just feel that at this point it's not efficient--as long as he is interested in the job and performs well, 1-think he deserves- some security, unless somebody has specific problems with him, and if that's .the case, then certainly we can interview. ?` SUPERVISOR MURPHY: I don't think anybody has a problem with him, Joe, think it's .a good idea to--we have six people here who took the time out to be interested. COUNCILMAN TOWNSEND: Why don't we say vote on them, we've got to interview, because I'm.-not going to vote to anybody I haven't talked to. - i SUPERVISOR MURPHY: Do you want to interview? COUNCILMAN TOWNSEND: No. i SUPERVISOR MURPHY: We'll .set up. an interview and see what we could do, and we'll just delay it and try to have it for the next meeting, okay? COUNCILMAN TOWNSEND: Okay. SUPERVISOR MURPHY: All right, Paul? COUNCILMAN STOU.TENBURGH: Yes. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: Yes. COUNCILMAN STOUTENBURGH: I think you could put a time and a date and anyone who can be there be there. SUPERVISOR MURPHY: Number 20 is to appoint somebody to the position of Maintenance Mechanic III. I think you all have the letters trom Alex and a so from Doug Clark. Do you want to act upon this and appoint tonight? COUNCILMAN TOWNSEND: Do we have the position? SUPERVISOR MURPHY: Yes, we have the position. It's been posted. FEBRUARY 14, 1984 19 COUNCILMAN TOWNSEND: I have a problem in that I have what .1 would consider would be a conflict on this and that's going to eliminate--in that his wife works for me. SUPERVISOR MURPHY: Do you want to wait until Jay is here. COUNCILMAN TOWNSEND: Yes, we can't vote on this as far as 11m.concerned, because I can't vote on it. I certainly support the individual, but I can't vote. SUPERVISOR MURPHY: We will table Number 20. Number 21 is a proclamation. brought it over to BOCES myself yesterday. 21.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, WHEREAS, Harry B. Ward Occupation Education Center, as a matter of policy, places- strong emphasis on human resource development as a part of economic development, and WHEREAS, our state demonstrates its interest in developing our citizens' productivity by making vocational education, training and employment services accessible to all who can benefit from such services, specifically including those who lack the skills to attain or tetain employment; and WHEREAS, our investment in economic development places a high priority on adequate funding for the maintenance and expansion of vocational education; and . WHEREAS, the long history of private sector involvement in vocational education iproves our ability to fill the training needs and places individuals in jobs; and WHEREAS, further expansion of business, industry, labor and agriculture involvement is needed; and WHEREAS, partnerships between agencies, organizations and institutions which provide vocational education will increase the total impact of services; and WHEREAS, the American Vocational Association has designated the second week in February as National Vocational Education- Week, using the theme, "Vocational Education: Creating Partnerships for Excellence"; and - WHEREAS, the New York State Board of Vocational and Technical Education, .on behalf of the State's vocational and technical delivery system, has launched a statewide effort to strengthen Vocational Education; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby proclaims the week of February 12-18, 1984, as VOCATIONAL EDUCATION WEEK. SUPERVISOR MURPHY: Any questions? (No response:) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly .ADOPTED. SUPERVISOR MURPHY: Resolution No. 22 is to sell 1.37 shares of DuPont Stock, owned by Catherine DuPont, for the Town of Southold. 22. Moved by Justice Edwards, seconded. by•Councilman Murphy, WHEREAS, Catherine DuPont has donated 137 shares of DuPont Stock, .valued at $6,370.00, to the Town of Southold for purposes of acquisition of real property from the United States Government and located at Fishers Island, and WHEREAS, Dean Witter Reynolds Inc. has requested the appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold, now; therefore, be it RESOLVED that the Supervisor and the Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to Dean Witter Reynolds Inc. in accordance with their instructions. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is authorize a bus trip for Southold Seniors going to the Flower- Show at Farmingdale. I had the three clubs in, as Bill did last year, and we broke down the money and they are all happy with the breakdown. COUNCILMAN STOUTENBURGH: This has been budgeted, right? SUPERVISOR MURPHY: Yes, it's all budgeted. 23. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Senior Citizens Club, Inc. to hire one (1) bus, at a cost of to transport their group to the Flower Show at Farmingdale, New VlNI! /11'1 AA?NI`h 7 1OQII 20 FEBRUA-RY 14, 1984 Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to--- 24. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby AMENDS their Resolution No. .19 adopted on January 31, 1984, to read as follows: "RESOLVED that the Town Board !of the ;Town of Southold hereby authorizes the expenditure of $342.07 from B.8020.4, Planning Board Contractual Account in the 1984 Budget, to be expended for postage for a Town-wide mailing concerning public informational meetings on the Master Plan Update, on the following dates: February 9, 1984' - Orient - East Marion February 16, .1984 - Southold February 23, 1984 - Cutchogue _ New Suffolk February 27, 1984 - Mattituck :- Laurel JUSTICE EDWARDS: I don't see the Island in that, Frank.. SUPERVISOR MURPHY: I don't know why they weren't sent, Ray. Were they sent to Fishers Island, Ruth, the letters? MRS. OLIVA: You'd have to ask Frank. I doubt it, because it was for the meetings to be held here, because we haven't sent up one to take over to Fishers Island yet, Ray, so when we do, we'll send one to them. JUSTICE EDWARDS: Okay. SUPERVISOR MURPHY: We'll have one to send directly there. Any other questions.on it? (No response.) Vote of the Town Board: Ayes Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25. 25. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOVLED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to engage the services of Automatic Data Processing (ADP) to process the Ferry District payrolls at an estimated monthly cost o $56.00, plus start-up costs of approx- imately $100.00. SUPERVISOR MURPHY: Any questions on it? JUSTICE EDWARDS: I guess the first week they sent their payroll over here to do it, the girls down in the basement said that's a lot of work for them to do it, so then they figured the Ferry District would pay ADP to do it. There was no question; no complaint. SUPERVISOR MURPHY: They do ours. JUSTICE EDWARDS: Yes, I know. SUPERVISOR MURPHY: Any other questions? Joe, any questions? COUNCILMAN TOWNSEND: . No. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to rescind a resolution to buy a truck. 26. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 45 adopted on January 17, 1984, which reads as follows: "Resolved that the Town Board of the Town of Southold hereby authorizes Superintendent of Highways Raymond C. Dean to purchase one (1) used 1974 Ford Truck chassis from Randall s Used Trucks at a cost not to exceed $4,950.00.11 SUPERVISOR MURPHY: This was found to 'be unacceptable to the Highway Superintendent and his mechanics, that's why they rejected it. TOWN ATTORNEY TASKER: The truck? FEBRUARY 14, 1984 21 SUPERVISOR MURPHY: This is a truck for the sandspreader. TOWN ATTORNEY TASKER: They're the ones that picked it out. SUPERVISOR MURPHY: Yes. They tried the engine and found it terrible. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I'll offer Number 27. 27. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Superintendent of Highways Raymond C. Dean to purchase one (1) used 1965 Ford truck cab and chassis from H. M. Demarest & Sons, at a purchase price of $3,000.00. SUPERVISOR MURPHY: Presently he is very happy with this one. Any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is to participate in the Rental Rehabilitation Program Demonstration Project. . I offer that resolution. 28. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Suffolk County Community Development Office to submit, on behalf of the Town of Southold, a proposal to participate in the Rental Rehabilitation Program Demonstration Project. SUPERVISOR MURPHY: Any questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is to accept the bond for Golden View Estates, Inc.: I offer that resolution. 29. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Performance Bond in the amount of $340;000. 00, as submitted by Golden View Estates, Inc. , for roads and improvements in said subdivision located at Laurel, New York, as recommended by Town Engineer Lawrence M. Tuthill and the Southold Town Planning Board. SUPERVISOR MURPHY: Any questions on it? (No response.) Vote of the Town Board: Ayes Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is the resolution on the lead content that Bob submitted. 30. Moved by Councilman Townsend, seconded by Supervisor Murphy, WHEREAS, the firm of Holzmacher, McLendon & Murrell, P.C. (H2M) has conducted an extensive study within the counties of Nassau and Suffolk to ascertain the causes for a high amount of lead found in the water supply systems in many homes in said counties, and WHEREAS, such study found that the high level of lead was caused by the high content of lead in solder used in the pipe joints in the water supply systems, which findings were confirmed by the independent tests conducted by the Suffolk County Water Authority, the Suffolk .County Department of Health Services, and the Nassau County Department of Health, and WHEREAS, said study by H2M indicated that the high level of lead in drinking water presents a potential health hazard, and recommends that the lead content used in sold for piping for domestic water supply purposes be limited to 0.20 per cent, and WHEREAS, Section 905.5 of the New York State Uniform Fire Prevent and State Building Code provides that the lead content shall be limited to 0.2.0 per cent when it is determined by the authority having jurisdiction that a higher lead content constitutes a health hazard. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: FEBURARY 14, 1984 22 1. That the Town Board does hereby determine that solder used for domestic water systems having a lead content in excess of 0.20 per cent, constitutes a health hazard. 2. That the Building Inspectors of the Town are hereby directed to take such action as they deem necessary to notify all affected persons that the leaa content of solder used or water supply purposes is invited to 0.20 per cent. 3. That the Building Inspectors are further authorized and directed to require t at a persons using leaa--s—older joints on piping for water supply systems, upon the completion of such work, certify in writing that the lead content of solder used -for such purposes does not exceed 0.20 per cent. SUPERVISOR MURPHY: Any further- questions? We discussed it today.. JUSTICE EDWARDS: That means they have to use this solder as of when? SUPERVISOR MURPHY: As of now. COUNCILMAN TOWNSEND: Maybe we should set it up with a date to allow them time to read the notice, or something. Maybe we should make it=-. . SUPERVISOR MURPHY: Victor has a notice that he is giving out with the building permit. Any new building permits, that's .all we could go on now. COUNCILMAN STOUTENBURGH: With the new buildings you say? SUPERVISOR MURPHY: Yes. COUNCILMAN TOWNSEND: But suppose there is a repair that may not require--. . 1 mean, what if somebody makes a repair=--what if a general contractor gets a building permit--1 .think maybe we should have a published notice on this thing. COUNCILMAN STOUTENBURGH: How about in the paper? SUPERVISOR MURPHY: How about. if we could put something in the paper and also .send notice to plumbing supply houses. JUSTICE EDWARDS: . I'm wondering how difficult it's going to be to obtain this solder. That's .an odd-ball size solder. 50--50 and 95-5 are two popular solders, but 80-20 is going to be something that is hard to come by. I wonder if it is Available. • 95-5. is, which meets the regulations, but the plumber is going to hate to use it. SUPERVISOR MURPHY: I thought we were using that 95-5. You're saying 80-20? JUSTICE EDWARDS: 95-5. SUPERVISOR MURPHY: That's what we're using,' Ray. TOWN . ATTORNEY TASKER: It's .20 per cent. , JUSTICE EDWARDS: Is that 95-5? TOWN ATTORNEY TASKER: Which is five per cent. SUPERVISOR MURPHY: I don't think so. Are. you sure? .05 is five per cent. JUSTICE EDWARDS: .2 per cent is two tenths of a per, cent. It's two tenths of a per cent. . If that's it, then you'd have to have 98-2. 98 tin, 2 lead, and you aren't going to find it. TOWN ATTORNEY TASKER: l .don't know. That's .what the Building Code says. TOWN CLERK TERRY: It says in everything the same exact way it is printed here. SUPERVISOR MURPHY: Okay, any other questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN TOWNSEND: Just as an additional comment, .it occurs to me that if the stuff isn't available, how can we--maybe we should hold it another two weeks just to determine if the stuff is available so we don't create a practical hardship. Why don't we contact H2M? TOWN CLERK TERRY: It's .in everything, it's in H2M1s report. And .20,. that's Suffolk County Board of Health, 0.20 per cent, one fifth of one per cent. FEBRUARY 14, 1984 2 COUNCILMAN TOWNSEND: All ,right, as:.long as. that's what everybody recommends, guess we'll do that and they II have to stock it. TOWN CLERK TERRY: It's .95 per cent tin, and 5 per cent antemony. JUSTICE EDWARDS: Antemony? No lead at all. So they're saying it's .95 tin and 5 antemony. TOWN ATTORNEY TASKER: . One fifth of one percent. • 0.20 per cent and they have one fifth of one per cent lead. So apparently there's practically no lead at all. SUPERVISOR MURPHY: And,. Joe, before, we do it we'll--if we find a problem we'll check with plumbing supply houses-=call up Blackman and find out if this material is commercially o-n the market. Evidentally it is, Riverhead law, believe, reads the same way. So I would say go ahead with it, and if it is creating a problem we'll correct it. SUPERVISOR MURPHY: Number 31 is the Wetland decision of Steve Tsontakis on behalf of Thomas and Jacqueline Occhiogrosso. 31. WHEREAS, Steve Tsontakis, on behalf of Thomas and Jacqueline Occhiogrosso, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 24, .1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommenda- tions, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 14th day of February, 1984", at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Steve Tsontakis, on behalf of Thomas and Jacqueline Occhiogross be granted permission under the provisions of the Wetland Ordinance of the. Town of Southold to construct single family dwelling and provide access for construction, driveway and off street parking on the west side of Corey Creek Lane, Lot #k28, Map of Corey Creek Estates, Southold, New York, all in accord- ance with the permit issued by the New York State Department of Environmental Conservation. This permit shall expire on February 14, •1985: if work .has not commenced by said date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. SUPERVISOR MURPHY: This is the public hearing we had today. Any questions? (No response.) Vote of the Town Board Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32 is the negative declaration on the Wetland Application of Russell B. Case. 32. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR .Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Russell B. Case for a permit under the provisions of the Wetland Ordinance of the Town of Southold to remove phragmites and plant grass seed on the easterly side of Case's Lane Extension, Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental Assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustee and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the •environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33 is to grant Russell Case the Permit to do the aforesaid work. I offer that resolution. 24 FEBRUARY 14, 1984 33. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS., Russell B. Case applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 23, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommenda= tions, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 14th day of February, :1984, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Russell B. Case be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to remove phragmites and plant grass seed on the easterly side of Case's Lane Extension, Cutchogue, New York, all in accordance with his application. . This permit shall expire on February 14, 1985 if work has not commenced by said date; there shall be two inspections required, and the Town Clerk shall be notified when the project is completed. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, _ Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 34 is a negative determination on the applica- tion of Pirates Cove Marine for a Wetland Permit. I offer that resolution. 34. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that pursuant to Article. 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, wild not have a significant effect on the environment. Description of Action: Application of Pirates Cove Marine, Inc. for a Wetland Permit to remove existing marine railway, construct rock bulkhead, and ba If with fill from an upland source on the Inner Bay of West Harbor,. Fishers Island, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental Assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustee and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. SUPERVISOR MURPHY: Any questions? (No response.) i Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 35 is to grant permission to Pirates Cove for.a Wetland Permit. 35. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, Pirates Cove Marine Inc. applied to the Southold Town Board for a permit un erg the provisions of the Wetland Ordinance of the Town of Southold, application dated December 8, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommenda- tions,' and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 14th day of February, 1984, at which time all interested persons were given an opportunity to be heard, now, therefore—be it _ RESOLVED that Pirates Cove Marine, Inc. be granted permission under the provision of the Wetland Ordinance of the Town of Southold to remove existing marine railway, construct rock bulkhead, and backfill with fill from an upland source on the Inner Bay of West Harbor, Fishers Island, New York, PROVIDED transplanting of tidal wetlands vegetation from railway site to a mudflat by the Town launching ramp will be completed prior to commencement of--the project, in accordance with New York State Department of Environmental Conservation stipulation. This permit shall expire on February 14, 1985 if work has not commenced by said date; there shall be two inspections required, and the Town Clerk shall be notified when the project is completed. FEBRUARY 14, 1984 c SUPERVISOR MURPHY: .Any questions-:?.`. 4-No-response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 36 is negative declaration on the application of Enconsultants for Lewis Edson. I offer that resolution. 36. Moved by Supervisor Murphy, seconded by Councilman ,Stoutenburgh, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead. agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Enconsultants, Inc. , on behalf of Lewis Edson, for a Wetland Permit to construct timber dock consisting of fixed elevated catwalk, hinged ramp and float secured by two pilings at the south side of Clearview Avenue, on Goose Creek, Southold, New York. . The project has been determined not to have a significant effect on the environment for the following .reasons: An environmental Assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustee and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been.no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those' agencies. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 37 is togrant a Wetland Permit to Enconsultants on behalf of Lewis Edson, permission to construct a timber dock. I offer that resolution. 37. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, Enconsultants, Inc., on behalf of Lewis Edson, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Sothold, application dated December 16, 1983" and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommenda- tions, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 14th day of. February, -1984, at which time all interested persons were given an opportunity' to be heard, now, therefore, be it- , RESOLVED that Enconsultants;' Inc.; on behalf of Lewis Edson, be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct timber dock consisting of fixed elevated catwalk, hinged ramp and float secured by two pilings at the south side of Clearview Avenue, on Goose Creek,. Southold, New York, all in accordance with .the application. This permit shall expire on February 14, .1985' if work has not commenced by said date; there shall be two inspections required, and the Town Clerk shall be notified when the project is completed. SUPERVISOR MURPHY: Any questions? (No response:) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 38. 38. Moved by Councilman Townsend, 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 agreement between the Town of Southold, Village of Greenport, and North. Fork Animal Welfare eague, Inc. whereby Greenport Village will enact a dog control law, appoint a dog control officer to administer and enforce such law, and the provisions of Article 7 of the Agriculture and Markets Law within the incorporated Village of Greenport, and to utilize Southold's dog pound or shelter to house FEBRUARY 14 , 1984 26 dogs seized in Greenport, and to utilize the services of the League to care for such dogs at said shelter,- all in accordance with the terms and conditions of said agreement. SUPERVISOR MURPHY: Any questions? (No response.) Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards,, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 39 it appears that our Town Clerk was . right again. 39. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Arthur P. Foster, Custom Cesspools, for the installation of two 8 ft. by 8 ft. new 'cesspools in accordance with the Suffolk County Health Department's specifications, at the Southold Town Dog Pound, Peconic, New York, at a cost not to exceed $1,100.00. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That is the end of the prepared and adjusted agenda. COUNCILMAN TOWNSEND: I have a few more resolutions. SUPERVISOR MURPHY: What are they,. Joe? COUNCILMAN TOWNSEND: That--one of them has to do with that you be enacted--or maybe you can do this without a resolution. Write a letter to the master planners and ask them if they are planning to do a recommendation on two-family housing for the Town of Southold. SUPERVISOR MURPHY: We don't need a resolution. COUNCILMAN TOWNSEND: And something 1 know that Jay Schondebare has been talking about because of the increased amount of paper work, and un- fortunately I won't be here next week, but maybe we could put it on the agenda. To start proceedings to get the Wetlands approvals-=our Town Wet- lands Law--out of the Town Board's hands and into the Board of Trustees' hands. I think its something that Paul you talked about in the past, an know that it's something we should address a letter to them to ask them if they would be willing to assume that responsibility. Because it's just a rubber stamp, as far as I'm concerned,, what we're doing is rubber stamping their opinions. SUPERVISOR MURPHY: I don't know if I agree with you either, I've disagreed with Paul several times on it, and 1 think we picked up,., several times, where mistakes were made, and I like the system of the checks, it's one more check . to. possibly doing something wrong. COUNCILMAN TOWNSEND: I don't know, we picked up one thing that was legally phrased improperly, but I think that if--in my experience here, and that's been two years--we've picked up one thing where there was a recommenda- tion that was in as part of the resolution; which we had to take out because it was a recommendation and not an order,. and I would think that if these things were submitted to Bob, we could--1 .would like their opinion on it anyway, Frank, so if you'd write that letter to them, 1 would appreciate it. SUPERVISOR MURPHY: Yes. To the Trustees? COUNCILMAN TOWNSEND: Right. If you'd just ask them if they would consider it. You can say it's at my request, or whatever, or at Jay's request, because I know he's .interested in it. SUPERVISOR MURPHY: Judge Edwards, do you have anything further? JUSTICE EDWARDS: The only thing I have of interest to the Town Board is - the Fishers Island Ferry District is going to hold a public hearing regarding the airport contract, I think in the first week of March, when they will get all the Commissioners together and then decide on the lease down there. It will be after our next Board meeting, but they're going to have a public hearing with all interested parties before they come up with a lease on the airport contract. SUPERVISOR MURPHY: All right; would you let us know when it is so if any of the Town Board or the Town Attorney could possibly go over. FEBRUARY 14, 1984 JUSTICE EDWARDS: Maybe Bob would like to sit in on it. TOWN ATTORNEY TASKER: I think there's any sense in going over. talked with DuPont and I suggested to him that they hold a hearing and announce, or make known in the notice, that they. have four or five proposals and that they will hold a hearing on them. Now, then I suggested that since it requires the Town Board's .approval of any lease, that after they held a hearing, and after they have looked at the leases, before they have made a decision, they ought to come over and talk to this Board. JUSTICE EDWARDS: One thing; I think. it should be known to the Town Board here, that it was brought up by Ed Reeves in his contract, 'that 1 think it's ridiculous that the airport manager over there, whoever it may be, charges the own o Southold every time a p ane--every time I landover t ere on Town business, and we own the airport. SUPERVISOR MURPHY: All we're doing is making him richer. JUSTICE EDWARDS: Yes. TOWN ATTORNEY TASKER: So I presume that's what the Commissioners are doing. JUSTICE EDWARDS: Well, 1 would like a. letter from the Supervisor that could read at that hearing, stating the Town Board's position on this. SUPERVISOR MURPHY: We'll get you something., You don't need it until after the next meeting, right? JUSTICE EDWARDS: That's correct. SUPERVISOR MURPHY: I'll talk with Bob first, and we'll get something. TOWN ATTORNEY TASKER: What is the position? Are you talking about the landing .fees? JUSTICE EDWARDS: Yes, that we shouldn't have to pay it,. SUPERVISOR MURPHY: That and plus, as Bob was saying, to discuss that they should come over here or we could go over there, either one. I don't care about that, but we should sit down and discuss the contract. TOWN ATTORNEY TASKER: I suggested to him that--to select a person before he even had the hearing, or have a hearing and then select him before--w.hen they have reviewed this after the hearing, then they should come here, and explain to this Board if they have preferences, and why, before they finally make a decision. Because if they make a decision and this _Board says, no, it is not good. . SUPERVISOR MURPHY; Yes, it looks silly. Ray, do you have anything further? JUSTICE EDWARDS: Nothing, thank you. SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH: Nothing. SUPERVISOR MURPHY: I would like to--you don't want to change your mind on voting on the approval of the bills?' JUSTICE EDWARDS: Just all of them, except that one. SUPERVISOR MURPHY: Okay. If anyone in the audience would like to comment? (No response.) I thank you for your patience in' spending long hours,' and I would like. to entertain a motion to adjourn. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 11 :05. P.M. Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED.