HomeMy WebLinkAboutTB-05/08/1984 173
SOUTHOLD TOWN BOARD
MAY 8, •1984
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend,
Jr:, Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman
James A. Schondebare, Town Clerk Judith T. Terry, Town Attorney Robert W.
Tasker, Superintendent of Highways Raymond C. Dean.
.10:00 A.M. - The Board began auditing outstanding vouchers.
10: 30 A.M. - -Chris Kent, Aide 'to Suffolk County Legislator Gregory J. Blass
joined the Town Board for a meeting with John Kassinatis of Kenney's Beach
Civic Association, and other. civic association members, to discuss the erosion
problem at Kenney's Beach. Mr. Kassinatis said they are looking for a solution
to stabilize what property is left there now, and asking the Town Board to become
lead agency to come up with a long term solution to the problem. Supervisor
Murphy explained that three or four years ago the Town started a beach nourish-
ment program, and after a sever storm two years ago, obtained an emergency
permit 'from the DEC to put rip' rap along the parking lot fronting on the beach,
and trucked in 10,000 yards of gravel from Goldsmiths Inlet when it was being
dredged by the county. Mr.r-. Kassinatis said' he has been in� touch with the Corps
of Engineers who suggest. another groin on the east side of Kenneys Beach, which
would probably cause a-similar problem to the beach to the east, as well as the
-homes in that direction. The County told him they do not have funds to help
the Town. They have also looked at gabion revetments against the parking lot.
Councilman Stoutenburgh said'that any type of jetty or revetment would only
interrupt the natural flow. If left alone, the beach will- naturally replenish
itself. Supervisor Murphy said that due to the unsafe condition of the beach,
it must be closed this summer, the danger is too great to allow it 'to be used
as a bathing beach. He asked Mr. Kent to request Greg Blass to speak to the
County about an investigation of the problem at the beach to see if they could
possibly come up with a solution.--Mr. Samuel Markel suggested the Town Board .
look into getting the concrete from the Oaklawn Avenue bridge when it is removed,
and place it east of the Lockwood property as a jetty.
Mr. Kent remained for .a discussion with the Board concerning a parcel of property
on the Main Road in East Marion which will be auctioned by the County on May
24th. He will speak to the County Real Estate Department, and it possible a
resolution may be needed from the Suffolk County Legislature removing it from
the auction, if possible, and granting the right to the Town to purchase the parcel.
He said that in' the future the County will be sending a list of properties to be
auctioned to the towns and villages well in advance of the deadline.
11:00. A.M. - James McMahon, Community Development Administrator, met with
the Board to discuss the proposed amendment to the Community Development
Year X Program to transfer $32,000 from the sump on Lower Road, Southold
project to the Lakeside Garden Apartments, Village of Greenport, project. He
stated that the Village has run short of funds for the construction of the apart-
ments and one solution would be if the Town used the $32,000 Community Develop-
ment Year X funds to put in the water and sewer lines, and pave some of the
parking area at the site. Superintendent of Highways Dean was concerned about
the proposal, since the Lower Road sump project has been a long time coming and
is, critically needed. The $48,000 in• that project line was not only for the
construction of the sump, but the purchase of approximately two acres for the
sump. He feels he is being. cut.short and the project will suffer, or perhaps
have to be delayed. Councilman Townsend suggested that perhaps over the next
year the Village of Greenport, in repayment,• could become involved in a Town
project in the amount of $32,000. Mr. McMahon will look into that possibility, and
report back to the Board. '
11:40 P.M. - Mr. Fred Fischer met with the Board to offer his services to prepare
a table of organization o the Town of Southold. The Board was most happy with
his proposal and accepted his offer. Mr. Fischer's services will voluntary.
174 MAY 8, 1984
11: 45 A.M. - The Board reviewed and discussed the Simon Relief Petition and
the Staller-Hodor (East Marion Woods) Relief Petition. Resolutions No. 9 and
10 on the Regular Meeting Agenda.
12:20 P.M. - Mr. Daysman Morris; Morris Cesspool Service,-met with. the. Board
to discuss the scavenger waste permits and the $.01 a gallon to be charged to
the scavenger waste collectors. Mr. . Morris said this addition $. 01. a gallon fee
is a hardship. It means he will have to buy the tickets at a cost of approx-
imately $500.00 a month, in. advance, before he does a job, . and there is no
guarantee to him that his.'customers will'pay him. In' addition, he will' have
to raise his fees to compensate for this. charge. A Town billing system was
discussed, but it was decided it 'would not be feasible. Supervisor Murphy
advised Mr. Morris that he system will have to be adhered to as planned.,
12:45 P.M. - Recess for lunch.
2: 45 P.M. - Work Session reconvened, and the Board continued auditing the bills.
2:52 P.M. - The Board reviewed off agenda items.
3:00 P.M. - Work Session recessed to conduct a Wetland hearing on the applica-
of Katherine Farr.
3: 15 P.M. - Town Trustees Henry Smith, Chairman, Frank Kujawski and Jay
Bredemeyer met with the'Board to discuss: (1) request approval of funds
for the purpose of having a title search conducted to ascertain the extent of
State aquisition of property in' Hallocks Bay, Orient. The Town is claiming
jurisdiction to the bottom .in Hallocks Bay and seed• clams are planted there.
The State is 'also claiming ownership; and is it possible that when they acquired
the State Park property they acquired the bottom land as well? Town Attorney
Tasker will take care of a title search in this matter. (2) Trustee Bredemeyer
made a presentation of the various measured scallop bags which should be used
by. :the Southold Town-Baymen'.. ":He_stated that in:.East Hampton the town buys
the::bags and in:turn sells-them'.:to -the"baymen. .._Also,. there are at least six
different--,comrrrerciaV �cofnparnes' onLong' I9fand thatr!sell -bags c°nTh&rr itosrbf the'f,
bags is approximately 35� in quantities of:.-1;000 or more for used burlap bags,
and 40� for orders of, 5,000 or` more'.of new poly or burlap bags. - To* obtain a
certification, he,can submit three sample bags to Weights & Measures in`Albany
and"they will provide a letter -stating, it is a- minimum bushel size. -'Because of
the- many questions concerning this 'proposal, Trustee Bredemeyer will obtain
a copy of the East Hampton Ordinance which provides for the use of these
measured bags. '(3) Councilman Stoutenburgh has requested the Trustees to
submit an estimate of the boat traffic in Brushes and Deep Hole Creeks. It
was determined that since both creeks ave -been inventoried, this can e
determined from the records in the Trustees office. Councilman Stoutenburgh
said the County is asking for this 'estimate to justify their jetty proposal.
(4) Proposed Local Law to authorize the Trustees to issue Wetland Permits.
Town Attorney Tasker informed the Trustees that the only, change. in the
Wetland Ordinance is to eliminate the Town Board and Town Clerk .from the
provisions. Since most applicants apply directly to the Trustees for dock and
bulkhead permits, and the Trustees make recommendations to the Town Board
on the Wetland Applications, which recommendations the Town Board always
incorporates in their permit, this would eliminate the need for an applicant
to apply to two Town agencies. Trustees Smith stated that he has felt for
a long time that the Trustees should have jurisdiction over the Wetlands as
they go hand and glove with the Trustee permits. Trustee Kujawski stressed
the need for legal advice and environmental planning when handling the Wetland
applications. He feels this.'would be another: check. He as advised that the
advice will be available for those applications which are highly sensitive.---
Trustee Kujawski reminded the Board that there is money in the 1984 Budget
for further creek inventories and will' have a recommended resolution for the
next Board meeting on May 22nd.
4: 15 P.M. - John Bertani, 'Building Contractor, appeared before the-Board
concerning the stop-work order at the Grandview Estates Subdivision, Orient.
Executive Administrator Victor Lessard was present to bring the Board up to
date on the condition of the roads in' that subdivision, which was the reason
_ for the stop-work order. The Planning Board gave the Building Department
an order to stop work, and it is up to the Planning Board to make the decision
if .the roads have now been- suitably improved and notify the Building Depart-
ment to withdraw the stop-work order. Mr. Bertani stated he has a contract
and was in the process of constructing a house in that subdivision, and his
,.customer is very unhappy. Supervisor Murphy said he will request the Planning
:Board to have a special meeting with Mr. Reese, owner of Grandview, so the
problem may be solved.--Mr. Lessard made the statement that someone in' the
room gave the go ahead to continue construction at the. Highpoint subdivision
without his knowledge. "He would like no further interference in his department
from other department heads."
MAY 8, 1984 7
4: 30 P.M. - The Board discussod--with Town Attorney 'Tasker the proposed
agreement between the New York State Department of Transportation, Cross
Sound Ferry Service, Inc. and the Town of Southold for the construction of
of a. terminal building and bulkhead, dolphins and piling work at Orient Point.
Mr... Tasker pointed out that the .way the agreement is worded, the Town must
administer the entire project- to completion;. whereas the Town should only
administer the portion' covered by the $400,000 state grant monies. Supervisor
Murphy laidttfie'i 66T -attorney.;does rtnot-inaerp-ret:-the�-agreement that way. She
has assured him .that Town isonly. responsible for the $400,000 portion. Mr.
Tasker said he is trying to protect the- Town, and the only way to do that is
to insert that specifically in' the agreement. Mr. Tasker will'discuss this
further with the DOT attorney ,and- Supervisor Murphy- will call a- special
meeting during the week of May 14th to authorize him to sign the agreement.
By that time the Ward Associates agreement should be finalized by Town Attorney
Tasker so' that may also be signed. -
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday,
May 8, 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
Councilman James A. Schondebare
Town 'Clerk Judith T. Terry
Town Attorney Robert W.. Tasker
SUPERVISOR MURPHY: Thank you. I'd like a motion to approve the bills
of our''audit today. =
Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the following audited. vouchers be approved for payment:
General Fund Whole Town bills in the amount of $45,346. 86; General Fund
Part Town bills in the amount of $15,608. 80; Highway Department bills, in
the amount of $8,855. 64; Fishers Island Ferry District bills in the amount
of $24,487.78;. and Landfill Building E Equipment, Capital Account bills in
the amount of $2,533.04.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor. Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I'd .like a resolution approving the minutes of the
Regular Meeting of April 24, .1984 and the Special Meeting of May 1, 1984.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the minutes, of the 'Regular. .Town Board meeting of April. 24,
,1984, -and minutes of the- Special Town Board, meeting of.May -1, .1984 be and
hereby, are approved:, ,..--.�
Vote,ofn the��Town- Board,:s Ayes,: .--Councilmari%Schondebare,riCouncilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: -The next -one I'd like iss -a resolution -to- approve of
the next meeting whichwill be May. 22, .1984 at 3:00 P.M. , Southold Town Hall.
Moved by Councilman Schondebare, 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, May 22, 1984, at the Southold Town Hall, Main
Road, Southold, New York.
Vote of the Town Board: Ayes Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards,. Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
76 MAY 8, 1984
SUPERVISOR MURPHY: I'd like to move on to the first order of our regular
agenda, Reports.
I . REPORTS.
SUPERVISOR MURPHY: I'd like to state that these reports are all on file in
the Town Clerk's Office if 'anyone in' the audience wants to look at them.
1. Building Inspector's April 1984 report. I'd like to just comment on
that for a minute, to notice the number of permits and the value of the permits
that were issued. If somebody doesn't think the Town is active and growing,
this is a very good indicator. We are changing the format of this report so as
to better reflect. It will be in next month's. To better reflect last years and
the year before, similar to the Police Department's report.
2. Town Clerk's .April '1984 report. There again it. certainly shows an
awful lot of activity.
3. Justice Edwards on Fishers Island - April 1984 report.
4. Long Island Cares, Inc. , April 26, 1984 meeting. This is a group,
new group to the Town,- working with the Nutrition Center, the hospital and
CAST and one of the. 'things they're doing is setting up a commissary down
in' the CAST headquarters. If anyone's interested, it's a very good organization
and I think they're going to do quite a bit for the Town.
5. Police Department's April '1984 report.
6. Supervisor's report for the month of April '1984.
7. Highway Department report for the month of April 1984.
8. Fishers Island Ferry District's report for the month of April 1984.
9. Justice Price - April .1984 report. `
10. Councilmen's reports. I'd like to start on my right, Councilman
Schondebare. Do you have anything?
COUNCILMAN SCHONDEBARE: Nothing at the moment, Frank.
SUPERVISOR MURPHY: Councilman Townsend.
COUNCILMAN TOWNSEND: Just one item. I met with the Farmland Preserva-
tion Commission and they're now evaluating the offers that they have gotten on
farmland. So far there's over 500 acres now of Iand that's been offered to the
.Town, or development rights that have been offered to the Town. If.they were
to purchase just. the land that they have now, they would probably expend all
;the money that we've: bonded.-:The process they're going through now involves
determining which farms would be the most appropriate to preserve and which
saren!v,;necessar:ily >the -best-,farms•cso. that•.inAherfuture, wee have•:more -offers
.we can. take only the very .best. ..=That's .all. I have.
SUPERVISOR MURPHY:- Thank-you;-Joe. : O n that point f'd like t_o--our Town
Attorney•is iri'the.-process of preparing fhe_bonding resolution so that we can,
shortly we will' have the money after the appraisals• come in, to act on these.
Councilman Stoutenburgh.
COUNCILMAN STOUTENBURGH: Yes, Frank, - I attended an April '30th meeting
in' Hauppauge with Jim McMahon, -along with other interested parties, concerned.. ..•
with shellfish hatcheries and nurseries here on Long Island. The meeting was
put together with the Long Island Regional Planning Board, whose job was to
bring forth a plan of restocking Long Island waters with seed clams if there
was-a major oil spill off Long Island. . Primarily it was concerned with Great
South Bay. The basic plan was to r.estrock with 120 million seed clams. That's
a lot of seed clams, and the facilities required to grow them. This would have
been a public project. Dr. Robert Molloff of the Marine Science Research Center
at Stony Brook. presented the cost figures and the land requirements for such a
nursery and hatchery program. Needless to_.say, these figures were astronomical
and being public funded concept didn't seem to be too practical. Later a member
of the .planning board listed various sites that had been suggested for nursery
and hatchery operations on Long Island. The requirements for such. . Staging
areas, with depth of water, available land, unpolluted areas, protected areas,
etc. Sites on both the North and South Shores on the East End of Long Island
seemed to have high priority, particularly Cedar Beach for the nursery part of
it.' It all boiled down to that the proposed public funded program to restock
an oil spill' area with 120 million seed clams and the facilities to go along with
it boggled the mind and most of us thought it was most over-ambitious. -A better
solution was to split the hatchery and nursery operations up into smaller units
supplying maybe just the towns with their regular need of seed clams which we
buy and other towns buy each year.. And lastly, perhaps scrap public involve-
ment and encourage and support private enterprise in the field, or a combination
of. both.and what they're going to do..is draw up a plan and we'll all have .a copy
of. that :later on. It was an interesting meeting. We stayed there until about
5: 30.
SUPERVISOR MURPHY: Thank you, Paul. Anything else?
COUNCILMAN STOUTENBURGH: Nothing more.
MAY 8, 1984 1 7 7
SUPERVISOR MURPHY: Judge Edwards.? •`::"
JUSTICE EDWARDS: Just we are sendin out our mooringpermits on Fishers
e
Island. This is the second year w 've had this program. There will be
approximately 75 permits sent out for Island residents and off-island. West
Harbor is quite attractive to the Connecticut boats and we do have a lot of
transient mooring people put moorings in there year around, and it brings
in approximately $2500 to the Town. That's it, Frank.
SUPERVISOR MURPHY: Thank. you; Ray.— OmAhe••Supervisor,s report, we've
had- a busy two weeks since our last meeting. One .thing I'd like to report on,
that is most important to the Town, that is that tomorrow we're going to start
some dry"runs of running vehicles into the new building in the Landfill. We're
in the process of having people go down as gatekeepers, they'll be going on
shortly. Our permits will be coming into effect, hopefully around the 15th of
the- month, and tomorrow should be a very interesting day. What we're going
to do is to take and run some cars in to see. how the actual traffic. We had
planned this, now we want to see how people can actually drive in the build-
ing, empty their cars, how the compactors are going to work, and all. And
if there's any bugs, let's get them out before our busy summer season. Also,
this last week the Town Clerk, myself, the bookkeeper, and Town Attorney
met with the Comptroller on the audit report for the last two years. The
Town faired very well. There were a couple of minor points on procedures,
but basically the Town did exceptionally well on investing funds. We have a
very dedicated staff and I was very pleased to see the results of the bookkeep-
ing audit for the last two years and I might add we have worked out the
arrangement for the Town Attorney's bills that is satisfactory to the Town
Attorney and will. keep the Comptroller happy. We are going to have a public
hearing on the cable T.V. tonight, so I'll leave that. I have two announcements
1 think I should make at this time. One on this Saturday, a very important one
to just point up the fact of how people are concerned about other 11 people in
this Town. The high school in Mattituck-Cutchogue is having a major fund
raiser,, a "Run for Rodney". This is for Rodney Bates who is a young boy,
a young athlete in Mattituck who contracted Leukemia last year, was in Sloan-
Kettering, I guess was very close to death, and seems to be responding. The
bills, as you can imagine, have been fantastic, and the school, the whole
community, has been great in' supporting activities for him. The school should
be commended, -the teachers, the students and everybody in the Town, and
if anybody can please attend on Saturday at 9: 30 in Mattituck High School,
' there's a run. You don't have to run the whole thing, but we would like
anyone, especially our Councilman Townsend. Maybe you could go down there,
you'.re our athlete. Also, on an announcement, we had good response--the
papers did pick it up--we've had letters go out asking for donations for Norman
Stilley who's .a young man who graduated from Greenport High School and is
trying out and seems to have a very very good chance for the Olympic Wrestling
Team. He does need funds. We have a special account set up in my office and
any moneys sent into my office we deposit with the bank. This will be used to
help send him. to these various regional events so that he can have the experience
of wrestling in his class all over the country to help him better qualify to get on
the olympic team. He stands a very very good chance and he's a very dedicated
young man and if anybody can help he we would appreciate it, and if the press
would pick it up and give a little publicity to it; we would appreciate it.. Okay,
that's it. We'll move on to the second item on the agenda which is Public Notices.
11. PUBLIC NOTICES.
SUPERVISOR MURPHY: Number 1 is a Complete Application from Richard
Cantwell for the DEC, contact person by May 11, '1984 to Michael Calaban
in Stony Brook, and it's to exacavate approximately 18,600 cubic yards of
soil to create a 1.84 acre pond. The pond will' be approximately 775 feet
in length and have a maximum width of 160 feet. The project requires a
variance from Part 66 of the Tidal Wetlands Land use Regulations. Project
is located adjacent to wetlands off Little Bay in Orient. Again, this is posted
on the Town Clerk's Bulletin Board here in Town Hall.
2. This 'is just a matter of interest to try to have some people pick it
up. Anyone who has Honey Bees moving into their 'areas and there's a number
in Cooperative Extension Service. We don't expect anyone to remember it, but
if 'you do have a problem with bees and you'd like somebody to move them for
you, we have the number in Town Hall here.
That's the end of the public notices. Moving on to Number III Communica-
tions.
Ill . COMMUNICATIONS.
SUPERVISOR MURPHY: Number 1 is from Terry Glover, Troop Representative.
Cadette Troop 1593 of the Girl Scouts. This is a project their doing to "Help
Young America", contest entry. The Town Board had a proclamation, for them
and helped them out previously.
8 MAY 8, 1984
17
2. From Mary A. Agria, East End Arts and Humanities Council, concerning
a North Fork Renaissance Festival, June 10, 1984 at the Southold High School.
COUNCILMAN STOUTENBURGH: A copy of this go to the Chief of Police, Judy?
TOWN CLERK TERRY: I believe it has, because it makes mention of them in
the letter. I will'double check.
SUPERVISOR MURPHY: Okay, the public hearing on Cablevision will be about
five or six'minutes, so we'll move on to Resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY: Number 1 is the environmental assessment on the Wet-
lands Application of Enconsultants on behalf of Paul Kelly. Someone like to
offer it?
1. Moved by Councilman Townsend, seconded by Councilman Schondebare, 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 Paul
Kelly, for a Wetland Permit to replace timber bulkhead and backfill with clean
sand at property located on right-of-way on the south side of New Suffolk
Avenue, at Great Peconic Bay, Mattituck, New York.
The project has been determined not to have a significant effect on the
environment for the following reasons:
An environmental Assessment has .been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the
project be implemented as planned.
Because there has been.no response .in the allotted time from the New
York State Department of Environmental Conservation and -the Southold Town
Building Department;: it is assumed that there`are n$'''05bjdctions nor•- comments ='
rom.those agencies. -
MR. TOM BOYLE Good evening:' My name is Tom Boyle. I'm representing
Judge Kelly in'connection with this "application: I would like to hand up to
the Board photographs of the premises, as well as a. permit that was issued by
the New York State Department of Environmental Conservation. I've also a
letter from the Army Corps 'of Engineers in connection with this 'application.
SUPERVISOR MURPHY: All right, Tom, just let's get a second on the resolutions.
COUNCIUAAN SCHONDEBARE: What are we doing having a hearing---.
SUPERVISOR MURPHY: We're not having a hearing, Tom. This is 'not a
hearing.
MR. BOYLE: I didn't mean to jump the gun on you're reading.
COUNCILMAN TOWNSEND: . This 'is a negative declaration on environmental
impact.
TOWN CLERK TERRY: We've already had the hearing. 1 believe you contacted
me and want to give some input, prior to this 'Board meeting.
MR. BOYLE: I'd .like to have a brief opportunity to be heard, if `I may, on
behalf of the application before''--.
SUPERVISOR MURPHY: Let's wait for a second, Tom, on the resolution first.
Bob, we have the first resolution, and we have it 'seconded now. The attorney
for the man's who application is concerned, wetland application, would like to;
make a comment.
TOWN ATTORNEY TASKER: It's up to you people. The hearing's been -closed.
COUNCILMAN SCHONDEBARE: Yes, it's been closed.
SUPERVISOR MURPHY: Any other questions on it? (No response.) It's not
a hearing, as you realize, Tom.
MR. BOYLE: No, I'm aware of that, and, of course, we'll abide by whatever
your ruling is.' As you probably know, when this 'application was made, Judge
Kelly wasn't represented by counsel on it 'and For that reason I thought perhaps
might have an opportunity to address the Board before a decision was reached,
and that would be my application. I. can assure you that I'll be very very brief.
MAY 8, 1984 1 7 9
COUNCILMAN SCHONDEBARE: Judge Kelly is a Supreme Court judge sitting
in Nassau County, is he not?
MR. BOYLE: . That's correct.
COUNCILMAN SCHONDEBARE: And he wasn't represented by counsel?
MR. BOYLE: Not at the time that application was made.
COUNCILMAN TOWNSEND: Well, it's been our procedure in' the past, once a
hearing has been closed, to not allow any further. comment. Actually, once it's
been closed or before it has been opened. Just in the spirit 'of consistency, it
would be difficult for us now, having in' the last couple of weeks deft with this '
particular issue on several occasions, to allow you to present the information.
It's nothing--I'.m sure that what you have to say is quite pertinent, but in the
last two weeks we've just been through two of these things.
SUPERVISOR MURPHY: I think we're talking--this is 'a negative determination
on an environmental assessment. I don't even know if 'it would be proper at
this time for what you want to say. The next one is 'the decision. The second
resolution is the decision.
MR. BOYLE: I see. My remarks are addressed to the resolution that would
relate to the decision.
SUPERVISOR MURPHY: Yes. Why don't you wait 'a minute then.
MR. BOYLE: Surely.
SUPERVISOR MURPHY: Any other questions on this? We have a motion, and
it's been seconded. Any other questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The second one is the decision on the wetland .,applica-
tion of Enconsultants for Paul Kelly.
2. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh,
WHEREAS, Enconsultants, Inc. , on behalf of Paul Kelly, applied to, the Southold
Town Board for �a permit under the provisions of the Wetland Ordinance of the
Town of Southold, application dated January 10, 1984, and
WHEREAS, said'application was referred to the Southold Town Trustess 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 27th day of March, 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 Paul Kelly, be granted
permission under the provisions of the Wetland Ordinance of the Town of Southold,
to replace in-kind bulkhead, and backfill with clean sand, at property located on
the south side of New Suffolk Avenue, at Great Peconic Bay, Mattituck, New
York. This permit shall expire on May 8, 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 iscompleted.
SUPERVISOR MURPHY: Any questions on it? (No response. ) Judge Edwards?
JUSTICE EDWARDS: No questions.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: No.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: No.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: No.
SUPERVISOR MURPHY: Would you, at this time, entertain someone from
the audience speaking?
COUNCILMAN TOWNSEND: No. I felt that we have not done it in the
past and we should not do it now. We've had people in' before and not
allowed them to speak on issues where we had the hearing.
' p O MAY 8, 1984
v SUPERVISOR MURPHY: Okay. Judy,, call the vote.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend. SUPERVISOR
MURPHY: I would have to say no, I think we should permit it.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Southold Town declare itself lead agency:
3. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
itself lead agency in regard to the State Environmental Quality Review Act
in the matter or the application of George Sweeny for a Wetlana Permit on
certain'property iocatea at the end of Mason Dave, on Haywater Cove,
Cutchugue, New York..
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Hoard: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, .Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:. Number 4 is 'to allow the use of a room for our Special
Election which is 'to be held May 22nd, by the Board of Elections. _
4. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of. the Town of Southold hereby authorizes
the Suffolk County Board of Elections to use one room at the Southold -town
Hall, with the avilability of two (2) telephones in the same area, from the.
iziiut� _I oaf+v5:i0.0 �il1 N1 t:�to:_1 Os00 :R.f ._on the !dayoof -the Speciah.Electiony May 22,
:1984.. . :
SUPERVISOR MURPHY: Any. questions? (No response.)
Vote of the Town Eoard: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number" 5 iis'to extend.-a Wetland .Permit for one year.
5. Moved by Justice Edwards, seconded by Councilman Stoutenburgh,- it was
RESOLVED that the Town Board of the Town of Southold hereby extends
Wetland Permit No. 114, issued by James Bitses on May 24,".1983, for one (1)
year to May 24, •1985.--7.(5ee amendment below) .
COUNCILMAN STOUTENBURGH: I'd .like to say something.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: The Trustees suggested that it 'be a half a
year, and I would think that we might. change it 'to a half a year to go along
with their 'suggestion.
COUNCILMAN TOWNSEND: I'll .accept their amendment if 'it's .agreeable with
the Board.
COUNCILMAN STOUTENBURGH: ."The request has been approved by resolution
adopted at this 'meeting for a period of six months," and it's .a letter dated
May 1st to---. '
COUNCILMAN SCHONDEBARE: Where do you have that, Paul?
COUNCILMAN STOUTENBURGH: Right here.
COUNCILMAN SCHONDEBARE: 1 have your letter dated May 4, 1983.
COUNCILMAN STOUTENBURGH: It's a letter from Henry Smith.
SUPERVISOR MURPHY: May 1st. On the bottom it should be, Jay. "Your
recent request to extend the above referenced permit has been reviewed at
the Trustees meeting held on April 26th. Your request has been approved
by resolution adopted at this meeting for a period of six' months. Your permit
will expire on december 13, 1984. This letter is an amendment to the original
permit, and as such shall be attached thereto. All other terms and conditions
remain as written in the original permit." Basically--
COUNCILMAN STOUTENBURGH: We're just following what they're suggesting.
MAY 8, 1984 1 S 1
SUPERVISOR MURPHY:,. Follow ing;,,.and, also,this is -the season. They're not
going to do much of the work between December and now. Do you approve
of the amendment?
'COUNCILMAN SCHONDEBARE: Yes,-as amended.
5.(AS--AMENDED)
Moved"by;iJtisti.ce: Edwards :,seconded-:by) Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby extends Wet-
land permit No. 114' issued to James Bitses on May 24, 1983, until December
'31, 1984.
:Vote of the Town Board: Ayes: Councilman Schondebare,.- Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, Number 6 we're going to hold, and Number 7--
(No. 6 - reappoint memliers of the Southold Town Water Advisory Committee.)
7. Moved by Supervisor Murphy,, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs -the Town Clerk- to advertise in The Suffolk Times 'and The Long .1 sland
Traveler-Watchman for resumes for five (5) members of the Southold Town Water
Advisory Committee. Resumes to be submitted Uy June 1st.
1111�. FRANK BEAR: Are you extending the life of the Committee, the Committee
appointed for only one year?
TOWN CLERK TERRY: We'll have to look into that.
SUPERVISOR MURPHY: We'll .look into that and we can do that at the same time.
COUNCILMAN STOUTENBURGH: And I think we'll stagger it.'
Vote of the Town 2oard: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: A: this 'time I'd like to recess the Regular Board Meeting
so we could have a public 'hearing.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be recess at this time, 8:00 P.M. , for
the purpose of holding a public hearing on the proposed 'franchise for cable_
television service in the Town of Southold.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman.
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened 9:20 P.M.
SUPERVISOR MURPHY: Okay, I'd like to move on to Resolution No, 8.
8. Moved by Supervisor Murphy, seconeed by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
.$400.00 :from A7320..4, -Joint Youth Account, -to pay :1984 project expenses
of the East End Arts and Humanities Council.
SUPERVISOR iMURPHFY:;/:-Any:-q Lies tions on`14t,? c�n17- riarzo cat ?!
,COUNCILMAN; TOWNSEND: : In the -past-'we've given that Y400.00 for a project
that was held in Greenport, which is 'not going to be funded. That was the
`Summer Arts"-.V mean, the!Greenport Summer Theatre.- That is 'not funded this
-year.* 1"think .that we should be sure that Southold Town gets the money back
in .some capacity since we're losing .that funding.
COUNCILMAN STOUTENBURGH: Aren't they having something here--what's
this thing we just had?
COUNCILMAN TOWNSEND: Is this for that festival that—
SUPERVISOR MURPHY: This is the Polish—
COUNCILMAN STOUTENBURGH: I know that, but what's this thing you just
passed here.
TOWN CLERK TERRY: The North For Renaissance Festival at the Southold
School.
1 8 2 MAY 8, 1984
COUNCILMAN STOUTENBURGH: Yes, at Southold. That's done by them isn't
it?
.TOWN CLERK TERRY: Yes.
COUNCILMAN STOUTENBURGH: So there's something that's coming back into
this Town, Joe.
COUNCILMAN SCHONDEBARE: We're giving $400.00 to the East End Arts and
Humanities Council.
-COUKC.IU.wIAN STOUTENBURGH: - I would say $200.00 would be enough.
COUNCILMAN SCHONDEBARE: And then when the handicapped childrenn came
here looking for some money we said, no, we'll study that one, and we'll look
at it in'ti-_e recreation program.
SUPERVISGR MURPHY: I didn't think we said, no, Jay, I think tive---
COUNCILMAN SCHONDEBARE:. We said'we'd .study it and look at it, we didn't
say we'd :give them any money.
SUPERVISOR MURPHY: No, we were look at how to allocate money.
COUNCILMAN SCHONDEBARE: Right, and all of sudden we're going to give
$400.00 to the East End Arts and Humanities.
SUPERVISOR. MURPHY: This has been budgeted previously.
COUNCILMAN SCHONDEBARE: That's what I asked you before.
SUPERVISOR MURPHY: It has been budgeted, yes.
COUNCILMAN SCHONDEBARE.: - This ;has been budgeted from last year.
SUPERVISOR MURPHY: Yes, definitely, yes. And it's a part of an ongoing
to -tryrto-get; money to variousa agencces n'FlYou can't fund one and not the other.
The handicapped will be addressed specifically and I believe it will be a good
deal more..than $400.00. Okay. Any other questions on it? (No response.)
Vote of the Town- Board:- -Ayes: -Councilman- Schondebare; Councilman
Stoutenburgh, Justice -Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, Number 9 is a relief from the bulk and parking
schedule: • •
9. Moved by Justice Edwards., seconded by Co.uncilman Stoutenburgh,
-WHEREAS, Arthur P. Simon, by petition dated November 22, 1983, applied to
the Southold Town Board for relief 'from the Bulk requirements of the Zoning
Code on certain property located on the north side of Middle Road (C.R. 48) ,
Peconic, New York, and
WHEREAS, said' petition was referred to the Southold Town Planning Board and
Suffolk County Department of Planning for their recommendations, and
WHEREAS, a public hearing was held by the Southold Town Board on said' petition
on 'the 14th day of February, 1984, at which time all persons were given an
opportunity to be heard thereon, now, therefore, be -it
RESOLVED that Arthur P. Simon be and hereby is granted relief from the Bulk
requirements of the Zoning Code as provided in Local Law No. 11 - 1983, on
certain property located on the north side of Middle Road (C.R. 48) , Peconic,
New York, (all in'accordance with his 'petition, and be it further.
RESOLVED that the premises described in said'petition shall be subject to the
Bulk requirements of the Southold Town Zoning Code in'effect prior to May
20, .1983.
SUPERVISOR MURPHY: Any questions? Any further questions? (No response.)
Vote of the Town Board: Ayes: . Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman .Townsend,. Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is another relief from the Bulk requirements.
10.- Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh,
WHEREAS, Louis 'Hodor and Max Staller, by petition dated October 24, 1983,
applied to the Southold Town Board for relief from the Bulk requirements of
the Zoning Code on certain property containing 25. 100 acres on the west side
of Rocky Point Road, East Marion, known as "East Marion Woods, Section I", and
MAY, 8, 1984
183
WHEREAS, said petition was referred to the Southold Town Planning Board and
Suffolk County Department of Plahn-ing--for their'recommendations, and
WHEREAS, a public hearing was held by the Southold Town Board on said
petition on the 13th day of March, 1984, at which time all persons were given
an opportunity to be heard thereon, now, therefore, be it
RESOLVED that Louis Hodor and Max Staller, be and hereby are denied relief
from the Bulk requirements of the Zoning Code as provided in Local Law NO.
11 - 1983, on certain propey containing 25. 100 acres on the west side of
rt
Rocky Point Road, East Marion, known .as "East Marion Woods, Section 1 ."
SUPERVISOR MURPHY:. Any questions? (No response.)
Vote.of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend. Abstain; Supervisor
Murphy.
'Niirs,v solut!on was declared, duly-ADOPTED.
SUPERVISOR MURPHY: Number 11:
11. Moved- by Councilman Stoutenburgh; "seconded 'by Justice Edwards, it 'was
RESOLVED that the Town 'Board of the Town of Southold hereby appoints -
Judith Edwards as a part-time Clerk Typist to the Fishers Island Town
Justice, effective May 15, .1984, at a salary of $1,500..00 per annum.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12.
12. Moved by Supervisor Murphy, seconded by Councilman Townsend (and seconded by all of. the other Board Members),
WHEREAS, ;Henry E. Raynor, Jr. , a most valued member of the Southold Town
Planning Board will retire from public service effective April 30,. 1984, and
_ WHEREAS, Henry E. Raynor, Jr. has given. generously of his `time and talents
in his faithful service to the Town of Southold residents as a member of the
Southold Town Planning Board since May-1, 1969, and as Chairman since May 1,
.1979, .and
WHEREAS, his 'record of fine service to the Town of Southold and its people
deserves the sincere gratitude of those with whom and for whom he served,
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold expresses their most
sincere appreciation to Henry E. Raynor, Jr. for his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town of Southold, and its best
wishes for the years ahead, and be it further '
RESOLVED that this resolution be made a part of the permanent records of the
Town of Southold, and a copy be presented to Mr. Raynor.
SUPERVISOR MURPHY: We will present a copy to Mr. Raynor. We asked him
to-attend and he wasn't able to attend tonight and this 'is for his '15 years of
very dedicated service to the Planning Board.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to appoint a Chairman to the Southold
Town Planning Board.
13. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Bennett Orlowski, 'Jr. Chairman of the Southold Town Planning Board,
effective this date, through December 31,.,1984., .at a salary of $2,000.00
• per, annum in addition to his 'present salary as a member of the Planning `
Board:.
SUPERVISOR MURPHY: Aiiy .gtaes:tions3= :. ;; i6u;j <ry ,-,r,
COUNCILMAN STOUTENBURGH: - l!d ,like to read the letter that came from
the Planning Board to the Town Board. "Southold -Town Planning Board held
a-regular meeting on May 7; 1984 and the following action was•taken: Resolved
that the Southold Town Planning Board recommends to the Southold Town Board
that Mr. Bennett Orlowski, Jr. be the Chairman of the Southold Town Planning
Board."
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
18 4 MAY 8, 1984
SUPERVISOR MURPHY: Number 14 is execute an agreement between the Town
of Southold and John Clavin:
14. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and drects Supervisor Francis 'J. Murphy to execute an agreement between
the Town of Southold and John Clavin for part-time Bay Constable services
at Fishers Island, New York, effective May 15, 1984 and ending October 1,
•1984, at a contract sum of $1,000.00; Mr. Clavin to furnish a suitable boat,
together with outboard motor and required equipment for the operation of
said boat during the term of the contract, and to be responsible for any and
all expenses for the repair and maintenance of said equipment; the Town to
pay all expenses for fuel required for the operation of the boat while he is
performing services for the Town of Southold.
JUSTICE EDWARDS:- I'd like to make the comment that it's-.not an outboard, .
it's an inboard, if that makes any difference.
COUNCILMAN STOUTENBURGH: : And who's he responsible to? Our Bay
Constable? Or .to you?
JUSTICE EDWARDS: Yes. .
COUNCILMAN STOUTENBURGH: Our Bay Constable?
JUSTICE EDWARDS: Yes.
SUPERVISOR MURPHY: And the Chief of Police.
COUNCILMAN STOUTENBURGH: And the Chief of Police. Yes, well I just
didn't know which way it went.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is 'to execute an agreement between Steve
Malinowski and the Town.
15. Moved by Justice Edwards, seconded by Councilman Townsend, it :was
RESOLVED 'Ahat 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 and Stephen Malinowski for Assistant Bay Constable .
,iservicd5r aF, Fishersi Island,'"'.'New York '_effective"June, 15— 1984 vand,ending-
,September. _1.5,_,1984, at a contract sum of $1,000.'00; Mr.: Malinowski to
:furnish'a suitable boat, together with the necessary outboard motor and
'required equipment and fuel for the operation of said, boat during the term
`of-this-'agreement, '"and--be responsible for any and all expenses for the
'repair 'and maintenance of said equipment.
JUSTICE EDWARDS: This is the exact 'same..as 1983. :.Same salary.
`SUPERVISOR MURPHY:-' Any questions? (No response.)
Vote of the Town Board: Ayes: . Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
16. 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.Donald Weber, on behalf of K. W.
Akeson, Vice-President of Kimo enor Point Association for a Wetland Permit
to install floating dock at West Creek, Kimogenor Point, New Suffolk, 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
MAY 8, 1984 185
Building Department, it.,is assumed:,,that-,there.are no objections nor comments
from those agencies.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
17. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, Donald Weber, on behalf of K. W. Akeson, Vice-President of
Kimogenor Point Association, applied to the Southold.Town Board for a permit
under the provisions of the Wetland Ordinance of the Town of Southold,. applica-
tion dated February 22, 1984, 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 24th day of April,'.1984, at: which time all interested persons
were given an opportunity to be heard, now, therefore, be it A
RESOLVED that Donald Weber, on-..behalf of-K. W. Akeson, Vice-President of
the Kimogenor Point Association, be granted permission under the provisions
of the Wetland Ordinance of the Town of Southold to construct a floating dock
parallel to existing bulkhead at West Creek,. Kimogenor Point, New Suffolk, New
York, PROVIDED a letter is filed with the Board of Southold Town Trustees from
the Kimogenor Point Association, granting permission for the construction of said
floating dock (said' letter has been filed). This permit shall expire on May 8,
1.984 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.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is another environmental assessment.
18. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh,
• WHEREAS, Ferucio Frankola has heretofore applied to the Southold Town Board
for a permit under the provisions of the Wetland Ordinance of the Town of
Southold for permission to dredge an existing dredged boat basin at the south
side of Glenn Road, off Goose Creek, Southold, New York.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1.. That pursuant to the provisions of Article 8 of the Environmental
Conservation Law;' Part 61.7 of Title 6 of the New York State Code, the Southold
Town Board, as lead agency, does hereby determine that the action proposed is
a Type I Action and is likely to have a significant effect on the environment.
2. That the Town Clerk shall file and circulate such determination as
required by the aforementioned law, rules and code.
3. That the.Town Clerk immediately notify Ferucio 'Frankola of this
determination, and further request said applicant to prepare a Draft Environ-
mental Impact Statement, all in accordance with said law, rules and code.
SUPERVISOR MURPHY: Any other questions? (No response.)
Vote. of the Town Board: Ayes: Councilman Schondebare; Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is the decision on Ferucio 'Frankola.
19. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, Ferucio Frankola applied to the Southold Town Board for a permit
under the provisions. of the Wetland Ordinance of the Town of Southold, applica-
tion dated February23, 1984, 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 24th day of April, 1984, at which time all interested persons
were given an opportunity to be heard, now, therefore, be it
RESOLVED that Ferucio 'Frankola be and hereby is 'Denied permission under the
provisions of the Wetland Ordinance of the Town of Southold to dredge at
existing dredged boat basin at the south side of Glenn Road, off Goose Creek,
Southold, New York. This application is denied without prejudice. .
COUNCILMAN STOUTENBURGH: Is that the way this 'goes? Judy---
TOWN CLERK TERRY: If you don't take action then it is 'assumed granted within'
thirty days of the public hearing. That's the way your Wetland Ordinance. That
you must act; following a public hearing, within'thirty days. So, if you don't
act it will be assumed granted, and they are not going to get you a draft EIS
in the next two days or so, before the thirty day expiration date.
1 p 6 MAY 8, 1984
COUNCILMAN STOUTENBURGH; I thought that you got the draft and then you
-acted on the draft.
TOWN CLERK TERRY: No. You didn't do that with Silverman. You denied
and then you called for the draft EIS, and that's what you have to do. You
see, you have to. continue the SEQR process. There's no place in the law that
says that you can stop it. He never has to submit the draft.
COUNCILMAN STOUTENBURGH: Oh, I see, all right, that's what I was thinking.
1 was thinking what's the use of the man going through the whole thing. So
he doesn't have to. Okay.
TOWN CLERK TERRY: No, he doesn't have to. There is nothing to make him
because you have denied his application.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice .Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is 'the environmental assessment on the
application .of James and Peter Kreh.
20. Moved by Councilman Stoutenburgh, 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 James Kreh and Peter Kreh for a
Wetland Permit to construct timber bulkhead, reconstruct a floating dock
and ramp, and to dredge and fill at James Creek, off Camp Mineola Road,
Mattituck, New York.
The project has been determined not to have a significant effect on the
environment for the following reasons:
An environmental Assessment has been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the
project be implemented as planned.
Because .there has been no response from the 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 t�aCorurTcilmain Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was-,declared•�duly ADOPTED.
SUPERVISOR MURPHY:- Number -21 is: grant permission to James and Peter Kreh..
21. Moved by Justice Edwards,. seconded. by Supervisor Murphy,
WHEREAS, James Kreh and Peter Kreh lapplied to the Southold Town Board for
a permit under the provisions of the Wetland Ordinance of the Town of Southold,
application dated March 19, •1984, 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
applicastion on the 24th day of April, .1984, at which time all interested persons
.were given an opportunity to be heard, now, therefore, be it '
RESOLVED that James Kreh and Peter Kreh be granted permission under the
provisions of the Wetland Ordinance of .the_Town of Southold to construct a
bu khead, reconstruct a floating dock and ramp, PROVIDED the work in question
conforms to the NYS-DEC permit dated April 16, 1984, which states that no .
dredging shall occur within 20 feet of offshore end of intertidal marsh. Property
located at James Creek,. off Camp Mineola Road, Mattituck, New York. This permit
shall expire on May 8, '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.
COUNCILMAN STOUTENBURGH: I'll read what the DEC permit says: "Construct
40 feet of timber bulkhead to the landward edge of intertidal marsh. Construct
3 ft. by 12 ft. ramp to bulkhead, 5 ft. by 20 ft. float, and to dredge 20 ft. by
40 ft. area to a 5 ft. depth below mean water. No dredging shall occur within
20 feet of offshore end of.intertidal marsh. Place three moorings and piles."
So he's away from the marsh out into the area, and it's alongside of Strong's
Marina.
C1IPPPN/IC(l0 RATIDDI-IV• r)1, n+hor
MAY 8, 1984 187
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman• Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is a lead agency.
22. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the'Town of Southold hereby declares itself
lead agency in. regard to the State Environmental Quality Review Act in the
matter of the application of Costello Marine Contracting Corp. , on behalf of
James B. .Ford .for a Wetland Permit on certain property located at Hobart Road,
on Town Creek, Southold, New York.
SUPERVISOR MURPHY: JAny questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend-, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number. 23 is 'to renew a single family house trailer
by the First Baptist Church of Cutchogue.
23. Moved by Su.pervis6ri Murphy, seconded by Justice Edwards, it was
RESOLVED that the application, dated April '14, 1984, for renewal of a single
family house trailer, by the First Baptist Church of Cutchogue, located on
the north side of Middle Road, Cutchogue, be and hereby is granted for a
six' (6) month period.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to accept the gift of the Suffolk County
health Department for our Water Vending Machine.
24. Moved by Supervisor Murphy, . seconded by Councilman Schondebare,
WHEREAS, the Suffolk County .Department of Health Services has advised the
Town of Southold that they have no further need for the Centralized Water
Distribution System (Vending Machine) , located at the Senior/Youth Center,
Peconic Lane, Peconic, New York,. now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to submit 'a letter to the Suffolk County Department
of Health Services requesting that the Town of Southold be granted ownership
of the aforesaid Water Vending Machine.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to authorize' me to execute an agreement
between the State of New York DOT and the Town of Southold and Cross Sound
Ferry, with the final approval of the Town Attorney of the final writings.
COUNCILMAN SCHONDEBARE: Do you want to put that on the side for -a minute
and go on with the resolutions and then get Bob in here and talk to him?
SUPERVISOR MURPHY: Bob, Jay has a question for you on the Cross Sound
Ferry.
COUNCILMAN SCHONDEBARE: The contract. Is it clear in your mind that
after $400,000 is expended, which is the moneys we're getting from the State,
we're all done with the contract, the Town?
TOWN ATTORNEY TASKER:... As it's written now?
COUNCILMAN.-SCHONDEBARE:' Yes:'
TOWN ATTORNEY TASKER: In :my opinion, no.
COUNCILMAN SCHONDEBARE: Well, that was my opinion too. I have some
wrong information.
TOWN ATTORNEY TASKER: The contract is drawn with the intent that the
whole project, which is the water, the dolphins, the bulkheads, the water
facilities, the staging area, and the terminal building is,""the project." And
we're committed to supervise the construction of "the project."
COUNCILMAN SCHONDEBARE: That's how I read the contract, which is more
than the $400,000. By its own terms the contract is=--
188 MAY 8, 1984
COUNCILMAN TOWNSEND: Let me elaborate. If, for instance, they leave the
priority--you prevail upon them to leave the dolphins and bulkheading as the
first priority, and that's the project that they undertake first, and we oversee
the contracts for that particular project, or part of it, part of the overall plan,
then we're through.
TOWN ATTORNEY TASKER: No, that's not the way it's written. It says that
we shall prepare the bids. We shall seek bids. We shall award bids for of the
contracts for the project.
COUNCILMAN SCHONDEBARE: Yes.
TOWN ATTORNEY TASKER: It envisions the whole .three elements of the
construction project, and that we are supposed to oversee it. We are supposed
to award contracts for all of the elements of the project.
COUNCILMAN SCHONDEBARE: And supervise it thereafter.
TOWN ATTORNEY TASKER: And supervise the construction.
COUNCILMAN SCHONDEBARE: Okay.
SUPERVISOR MURPHY: Bob, I disagree. We had this and the state attorney
said that this was not so and I---
TOWN ATTORNEY TASKER: I just read it to you this afternoon.
COUNCILMAN SCHONDEBARE: That's how I read the contract too, Frank.
COUNCILMAN STOUTENBURGH: But the contract will not be signed until
Bob Tasker is satisfied and I would assume Frank Murphy is satisfied that
it is the way both of them want it.
TOWN ATTORNEY TASKER: Well, it shouldn't be signed until this Board--the
majority of them are satisfied with it.'
COUNCILMAN SCHONDEBARE: , I want to read it first.
SUPERVISOR MURPHY: Bob, .are you saying that if the first contract, went
for $450,000 .for building the dolphins, . and we participated in that part of the
contract, we got our,guarantee ;for."':the extra $50,000 at the end of that contract,
are you saying that we are==under this"contract that we're still involved in the
Qthen.construction? r ,;
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TOWN 'ATTORNEY TASKER.: Yes.__' Under Section 8 it says. that w.e shall seek
fjids for, the entire project.,__;-W-e. shall award---. ,
SUPERVISOR MURPHY:*, All :right, the State says, no.
TOWN ATTORNEY TASKER: . Well, this 'is what it says. We shall award the
contracts for the project. Now, it says that. "
SUPERVISOR MURPHY: We'll get the wording changed to your satisfaction.
TOWN ATTORNEY TASKER: Now, if you want to change that, that's fine.
SUPERVISOR MURPHY: . Okay. Now, if you would like to do it or if you would
like to have these people from the State come down here and have a special
meeting to do it,' fine. I have the resolution. I'm looking for a second. I think
we've wasted enough time.
COUNCILMAN SCHONDEBARE: I read the say way that Bob reads it. And that's
what--even before I talked to anybody--I read over the weekend, I came in and
that's my understanding. I thought we were into this thing for the whole nine
Yards. Our understanding and what they told us and what the contract says
is two different things. I. can't go along with this contract.
SUPERVISOR MURPHY: The contract states specifically that you're in there for
the extent of $400,000.
COUNCILMAN SCHONDEBARE: I beg to differ.
SUPERVISOR MURPHY: Okay. I'm looking for a second.
COUNCILMAN STOUTENBURGH:, I'll second it.' Let's vote on it.
SUPERVISOR MURPHY: Any other questions? (No response.)
MAY 8, 1984 ' 8 9
25. Moved by Supervisor Murphy, seconded .by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis 'J. Murphy to execute an agreement between
the State of New York, through the Department of Transportation, the Town
-of Southold and Cross Sound Ferry Service, Inc. , whereby the Town of
Southold and Cross Sound Ferry Service, Inc. agree to undertake, proceed
expeditiously with and complete the construction of the new terminal building,
staging area, and additional bulkheads, dolphins and pilings at Orient Point,
in'accordance with the Work Schedule, which is part of this agreement, and
the Town of Southold and Cross Sound Ferry Service, Inc. agree to expeditiously
implement the service improvements, which is a part of this agreement, all in
accordance with the terms :and conditions of the agreement, and subject to the
Town's compliance with the terms, conditions and requirements of the agreement,
the State agrees to pay to or on behalf of the Town of Southold, in the manner
provided in the agreement, a .maximum of Four Hundred Thousand Dollars
($400,000. 00) to the costs of contracts entered into for the -accomplishment of
the project.
:Vote of the Town Board: Ayes: Councilman Stoutenburgh, Supervisor Murphy.
w.. ,Councilman Schondebare,:.Ju-stice Edwards.
O;UNCILMA(V .7OWNSEND:;:.,.Well, ;:if it's- lost;!-it'•s-lost. .,4,-:was-,going- to-give my
pitch on this thing, which is 'the fact ,.that I think that we can resolve the
questions. I .think that we all know what we want. That being that we want
:the :Town's involvement- to .be ruo more _than $400,000,' and we want to stay out
pf--any contract supervision that's-in'-excess of that amount. :We're incurring
needless.-liability Uwe stay involved with the•project after we've expended the
State's money. . I -think-that.we :can authorize'the Town Attorney and the
Supervisor-ti5' make amendments to'Ahis-contract:-that will' say that,' and I have
confidence in their'ability to achieve. that goal.
COUNCILMAN STOUTENBURGH: That was my suggestion.
SUPERVISOR MURPHY: And we also had the interpretation of the State's
Attorney that exactly what you're saying and what I'm, saying is what the
intent of the contract was. We could have it amended so that Bob is
satisfied with the intent that he's reading in' the contract. Now, all I'd
like to do is just to save time in having another special meeting and bringing
the State DOT Planning Department down here to the Town of Southold again,
is to have the authorization to sign this contract when Mr. Tasker is:satisfied
that our .interests are---
COUNCILMAN TOWNSEND: I prefer not to have another special' meeting, in
other words. I don't want to come down here for another day. If we .can--
unless there's a problem. Unless Bob feels that he cannot work out a
reasonable---
SUPERVISOR MURPHY: Then we won't have his okay .on it; and then we
won't sign it.
COUNCILMAN TOWNSEND:' Right.
TOWN ATTORNEY TASKER: 1 don't really think that it's fair to put me in the
.position of passing upon the. language of the contract which requires -the majority
of the. Board's.approval.
COUNCILMAN STOUTENBURGH: All right, I'll go along with that.
TOWN ATTORNEY TASKER: 1, can change language and everthing, and it will
be perfectly suitable to me, but I'm not the guy who passes upon it. That's
up to the Board, and I really think that the thing should be in' its form so that
everybody's comfortable with it before you vote on it.'
.COUNCILMAN STOUTENBURGH: Can't you do that we call a special meeting,
look at it, determine what we want to do with it.
SUPERVISOR MURPHY: Okay, we will do it that way. We're going to, have
to do it 'that way now.
Vote .of the Board - continued:.- . No: .. Councilman..Town send. Yes: Supervisor
Murphy.
This, resolution was..declared LOST: `
SUPERVISOR. MURPHY_ .Number 26 is to authorize an agreement between
Southold 'Tow n'PBA, sign their final contract.
26. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED .that- the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis 'J. Murphy to execute an amendment to the
1983-84 Southold Town Police Benevolent Association, Inc. agreement with the
Town of Southold, whereby the following shall be included:
190
MAY 8, 1984
1. Notwithstanding any language to the contrary in any writing signed
or unsigned relating to the ulitiiation of sick days for retirement purposes,
Article VI, Section 2 of the Agreement shall be amended to read as follows:
"(A) All employees shall be entitled to fifteen (15) sick
days in' each calendar year. Unused sick leave may be
accumulated up to a maximum of three hundred (300) days.
On and after January 1, 1983, upon retirement, each
employee shall be entitled to be compensated for the value
of seventy-five (750) percent of the first two hundred
(200)- days of his 'or her accumulated unused sick leave,
or any portion thereof. The Town Board shall have the
option to pay the same to the employee, either in a lump
sum paymetn at the time of the employee's retirement or
in� regular payroll payments immediately prior to such
reti rement."
2. Article V11, Section 1 of the Agreement shall be amended to include
the following:
The Town of Southold, effective upon the execution of
this Agreement, shall adopt the New York State Retirement
Plan Section 375 (i) ;, and effective as of the date of this
Agreement, provide such benefit 'to any police officer who
retires.
3. The PBA withdraws, with prejudice, its grievance with respect to
the rate of overtime pay being based on two hundred and thirty-nine (239)
clays and"accepts the Town's practice of .making. such payment based on two
hundred and sixty (260) days.
COUNCILMAN TOWNSEND: Discussion.
SUPERVISOR MURPHY: Yes?
COUNCILMAN TOWNSEND: Have we agreed on both these items? 1 haven't
had a chance to look at this 'very carefully, because we didn't have a chance
to go over the resolutions, but the first part rings a bell. The second part
'i does not. What we were talking about was restricted solely to the sick days
accrued and that's not all that's addressed in this thing is it?
COUNCILMAN SCHONDEBARE: In other words, what's Section 375 (i) is 'what
you saying?
COUNCILMAN TOWNSEND: Right.
SUPERVISOR MURPHY: ' The Police' .Chief was in and explained that about a
month, month and a half ago, and it's, cheaper for the Town and better for
the.. Town and it.:will=-.the purpose of it 'is to make it 'more beneficial' for an
older`policeman to retire.
COUNCILMAN TOWNSEND,: ,. Right.-.,_
SUPERVISOR MURPHY; And it's an actual savings to the Town-
TOWN ATTORNEY TASKER: Is it 'cheaper?
SUPERVISOR MURPHY: It is to them, yes.
TOWN. ATTORNEY TASKER: I .think I saw a letter that the PBA had from
the retirement, and if '1'm. not mistaken they said'that this 'is 'going to cost
more, that they're asking for.
COUNCILMAN SCHONDEBARE:. If 1 remember.. Chief Winters telling us that it
does save us money. That was his 'understanding of it.
SUPERVISOR MURPHY: Before I sign this; even if 'we pass the resolution,
will'double check that, or we could hold this off for two weeks.
COUNCILMAN SCHONDEBARE: This 'was understanding. It was my understanding.
SUPERVISOR MURPHY: My understanding also.
COUNCILMAN SCHONDEBARE: You check on it; but I'll .pass the resolution on
it.
COUNCILMAN TOWNSEND: I haven't had a chance to read it 'yet.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN STOUTENBURGH: ' And that is 'with the provision that Frank
that':just spoke about, " if 'it is 'costing more, he' will• not sign it.' 'Okay?
MAY 8, 1984 191
SUPERVISOR MURPHY: Number 27 is 'to appoint part-time help. This 'young
lady` had worked for the ZBA, Board of Appeals, before.
COUNCILMAN SCHONDEBARE: ' What are we going to .pay?
SUPERVISOR MURPHY: $5.00 an hour. We've just hired--
COUNCILMAN- SCHONDEBARE: At $5.00.
COUNCILMAN STOUTENBURGH: We hired a full-time one at $5.00 and now
you're hiring part-time help at $5.00.
;SUPERVISOR MURPHY: We hired the part-ti.me help at the Landfill 'at $5.00.
COUNCILMAN STOUTENBURGH: Yes, but in' the Building' Department you
` 'just had.what's .her name--. .
'S.UPERV I.SOR MURPHY: . We brought her up from $4.50'to $5.00. She's part-time
also.
COUNCILMAN STOUTENBURGH: -I thought she .was full-time.
SUPERVISOR MURPHY: No, part-time. Okay, someone like to make that
.resolution?
27. Moved by Councilman Townsend, seconded by Councilman: Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Suzanne M. Walden as a summer, clerical employee, effective May 15, .1984
at a salary of $5. 00 per hour, to work one half of the time in the Building
Department and one half of the time in'the Board of Appeals Office.
SUPERVISOR MURPHY:: Any other questions on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY; Number 28 to appoint Jane Moffatt.
28.. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Elizabeth Jane Moffatt Rousseau, Clerk-Typist, from the Suffolk County Depart-
ment of Civil Service List, effective June 1, .1984, at a salary of $10,920.00 '
per annum. .
SUPERVISOR MURPHY: Her salary presently is $6.00' 'an hour and what's
happened, what we're running into a problem with, with all of her overtime
in'working for the Planning .Board, working for the Judges, when she filled
in at $6.00. an hour she would be about $800.00 less than someone--Marian
Goubeaud--who started in'working full-time and she started working part-time
in Town Hall. There is '$500 to $800 difference and I don't think she should
be hired for less than what she's making now.
COUNCILMAN TOWNSEND: What is 'she being hired as?
SUPERVISOR MURPHY: Clerk-Typist. She's on the list.
COUNCILMAN TOWNSEND: What do we normally hire Clerk-Typists at?
SUPERVISOR MURPHY: Normally you start them at $8,000 and we give the
three $500.' It was $7,000 and went to $8,500, wasn't it, Judy, when we went
to the 37 hours.
TOWN CLERK TERRY: DI-a—he Schultze started, I believe, at $8,500'.'
SUPERVISOR MURPHY: . And then they're entitled to the $500 every six months,
is what they have been previously getting. Jane Moffatt has been working here,
what three years, Judy?
TOWN CLERK TERRY: Four.
SUPERVISOR MURPHY: As long as Marian, she started with Marian--Marian
Goubeaud.
COUNCILMAN TOWNSEND:, In other words, you're recommending that she get
her three $500 increases before--right off.
SUPERVISOR MURPHY: -No, no. She really has gotten them, because we've
increased her hourly rate. January we set her hourly wage at $6.00 an hour
because of her prior time.
192 MAY 8, 1984
COUNCILMAN TOWNSEND: Okay.
TOWN CLERK TERRY: So what is 'it 'going to be in round figures?
SUPERVISOR MURPHY: It will be 35 hours, times $6.00, times 52 weeks.
TOWN CLERK TERRY: $10, 920.'00.
SUPERVISOR MURPHY: And Marian is 'like $11,800.00. Okay? Got a second
on that?
COUNCILMAN SCHONDEBARE: Is that comparable to what other people are
getting?
COUNCILMAN TOWNSEND: It's higher than what we normally hire beginners
at, but she's--,
COUNCILMAN SCHONDEBARE: But she's been here three years.
SUPERVISOR MURPHY; She's like $800 less than Marian Goubeaud who came on
as a full-time employee_
COUNCILMAN SCHONDEBARE: At the same time?
SUPERVISOR MURPHY: Yes. I meant to have this 'figure for you at the Work
Session, but we got too involved.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29 is 'to set public 'hearings.
29. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday,
May 22', 1984, Southold Town Hall, Main Road, Southold, New York, as date
and place for the following hearings on applications for permits under the
Wetland Ordinance of the Town of Southold.
3:30 P.M. - In the matter of the application of Matt-A-Mar Marina: for
permission to construct ramp, walkway, and .floating dock on property located
on Mattituck Creek, off west side .Wickham Avenue, Mattituck, New.York.
3: 32 P.M.- In the matter of the application of Costello Marine Contracting
Corp. , on behalf of Alvah., Jr., Bruce, and Allen Goldsmith, for permission to
construct bulkhead on property located at the west side of. Hobart Road, on
Town Creek,. Southold, New York.
3: 35 P.M. .- In the matter of the application of Edward Quintieri and
Richard Pulcini for permission to construct bulkhead at property located at the
northeasterly end of North Riley .Avenue, on James Creek,. Mattituck, New York.
3: 37 P.M. - In the matter of the application of John P. Kowalski for
permission to construct catwalk on property locasted at 930 Ole Jule Lane,
on a tributary of, James Creek, Mattituck,, New York.
3:40 P.M. - In the matter of the application of Chester Dickerson for
permission to repair and backfill 'existing bulkhead damaged by storm, on
property located at the west side of Watersedge Way, on Peconic 'Bay, Southold,
New York..
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is 'to accept a Letter of Credit.
30. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
Letter of Credit #M-8412, in the amount of $325,000. 00, issued by The North
Fork Bank E Trust Co., as a performance bond for roads and improvements
in the subdivision known as Highpoint at East Marion, Section 11, Inc. Said
Letter of Credit expires on May 1, 1987..
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman ,
Stoutenburgh, Justice Edwards, -Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is 'to authorize Supervisor Murphy to enter
into an agreement with Ward Associates in connection with the Cross Sound—
Ferry Service, Inc., with the approval of the contract by the Town Attorney.
COUNCILMAN SCHONDEBARE: Do we have a contract?
111AY 8, 1984 ' 9 3
SUPERVISOR MURPHY: Bob?
COUNCILMAN STOUTENBURGH: No,. it hinges on the other.
SUPERVISOR MURPHY: We'll wait. Do you want to wait 'on it? Bob will have
it tomorrow. Number 32, transfer.
32. Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town. Board of the Town of Southold hereby authorizes
the following transfer within the Fishers Island Ferry District .1984 Budget:
From: Commissioners Fees----------------------------$32.98
Into: !.Bonded .Indebtedness-----------------------$32. 98....
SUPERVISOR ML).RPHY: _Any other questions? . '(No response.)
Vote of the Town Board: --,Ayes:.-- Councilman Schondebare, Councilman
Stoutenburgh;. Justice Edwards,. .Councilman Townsend, Supervisor Murphy.
This.:resolutio n' was -declared duly ADOPTED.
SUPERVISOR MURPHY: . -Number .33 is to authorize' Curt Horton to attend a
seminar on Sprinker Review•at.. Eastern...Campus, Suffolk County Community
College.: :.
33. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Ordinance Inspector Curtis W. Horton to attend a National Fire Sprinkler
Association's seminar on "A Hydraulic Calculation and Sprinkler Plan Review,"
to be held on May 29, 1984 at'Suffolk County Community College - Eastern
Campus, Riverhead, at the registration fee in' the amount of $35.00,•. and mileage
expenses to and from the seminar shall be a legal charge against the Town of
Southold-.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote .of- the Town Board: Ayes:- Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 34 is 'to set compensation for members of the
Southold Town Conservation Advisory Council.
34. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the
compensation of the members of'the Southold Town Conservation Advisory
Council at $20.'00 per meeting, effective January 1, 1984 through December
31, .1984_. _
Vote of.,the Town Board: .Ayes Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35 is �to set the compensation for members
of the Southold Town Board of Assessment Review.
35. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the
compensation of the members of the Southold Town Board of Assessment
Review at $50.00 per meeting, effective January 1, 1984 through December
31, 1984. .
Vote of the Town Board: - Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilm6K Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 36. . Tomorrow is National Nurses Recognition
Day and we have a proclamation which we will 'present.
36. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, President Ronald Reagan has proclaimed May 6, 1984 as NATIONAL
NURSES RECOGNITION DAY to honor the dedicated and invaluable services
rendered by those in need of nursing care, and
WHEREAS, nurses throughout the United States perform vital roles in the
maintaining of health for all patients and have then and again'demonstrated
their 'never ending commitment to improving health care and education in the
health field by working with the Federal, State, and Local Officials efforts
in formulating corrective solutions to complex health care issues, and
WHEREAS, the nursing profession is the. nation's single largest group of .
health care specialist; herein Suffolk County alone there are presently over
18,000 practicing nurses working in' hospitals, clinis; convalescent homes,
and psychiatric care facilities, and
194
p 4 MAY 8, 1984
7 WHEREAS, nursing care professionals touch all of our lives bringing a high
degree of responsibility and a sense of concern and compassion to the job they
perform so well, and
WHEREAS, there exists an organization known as "The Nursing Image Association
.of Suffolk County," established by registered nurses from hospitals, nursing
homes, and educational institutions throughout the. county which was' developed
to promote and encourage the professional image of practicing nurses and to
educate the public about the function and purposes of nurses,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of
Southold hereby proclaims May 9, 1984 as NATIONAL NURSES RECOGNITION
DAY in the Town of Southold; and does further encourage citizens to pay
respect and honor to the men and women who devote and will continue to
devote theirunselfish commitments to the high level of nursing care in Iour
community.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This. resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 37 appoint Donald Deerkoski.
37. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Donald Deerkoski, 'Vice President.of The North Fork Bank 8 Trust Company,
as- Deputy Receiver of Taxes, for the Town of Southold, effective December 1,
•1983.,.through December 31, .1984�. Mr. Deerkoski.to serve without compensation
in'-this 'position.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 38 is to close a road, Love Lane.
38. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the closing of Love Lane, between Pike. Street and Route 25, between the hours
of 6:30 P.M. and 10:00 P.M. on Friday, June 1, .1984, to permit the Mattituck .
High School Community Action Council to hold a roller skating party, provided
they obtain the necessary insurance to hold the Town of Southold harmless.
SUPERVISOR MURPHY: Any questions?. I (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 39 is 'to go to bid' for a 1979 Air"Vac for
the Highway Department. I offer that resolution.
39. Moved by Supervisor Murphy, seconded by Justice Edwards; it 'was
RESOLVED that the Town Board of the Town of Southold .hereby authorizes
and directs the Town Clerk to advertise for bids for the purchase of one
(1) used 1979 Air=Vac for the Highway Department
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was. declared duly ADOPTED.
SUPERVISOR MURPHY: Number 40,. transfer of funds.
40..'. Moved by Justice Edwards, seconded by Councilman Schondebare, it -was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following transfer within'the General Fund Whole Town 1984. Budget
From: A1220.4 Supervisor, Contractual--------$159.00
Into: A1220.2 Supervisor, Equipment---------$159. 00
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 41, again'a transfer.
41. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following transfer within the General Fund Part Town 1984 Budget
From: B3620..4 Safety Inspection, Contractual----$42.00'
Into: B 3620.2 Safety Inspection, Equipment-----$42.00
MAY 18, 1984 1 9 5
SUPERVISOR MURPHY:: •Any questions,,!:,:,—'(No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 42 is 'to advertise a public notice on transferring
of funds in' year X of Community Development Funds.
42. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to publish a public 'notice in The Suffolk Times
and The Long Island Traveler-Watchman notifying the public that the Town
:Board will consider ,a resolution at their 'June 5, 1984 meeting to authorize
proposed amendments to the Community_ Development Year X Program, as
-follows, .to wit.: --- -
_Current New
Project Budget Increase Decrease Budget
Water,.Facility,
,;Construction of
.a Sump. on Lower
Road, Southold $48,000.-00. -0- $32,000.00 $16,000..00
'Lakeside Garden .
.Apartments -0 $32,000.00 -0 $32,000.:00
COUNCILMAN SCHONDEBARE: I've got a question.
SUPERVISOR MURPHY: Yes?
COUNCILMAN SCHONDEBARE:• I realize this 'is nothing more than to publish
the notice that this is what we intend to -do, and not the resolution for doing
it; but I don't want to lose sight of the fact that I don't particular like 'this
whole idea. I like. Joe's suggestion of a quid pro quo between us and the
Village of Greenport.
SUPERVISOR MURPHY: But the thing with this; Jay--we could do that, but'
in'order for them to, go ahead with their program they have to have our
commitment and this 'is a transfer of the funds in' that Year X.
COUNCILMAN SCHONDEBAR•E: This •is •just a notice in the paper. -
SUPERVISOR MURPHY:- That's right.
COUNCILMAN SCHONDEBARE: - We're not authorizing the transfer of the funds,
all we're doing is 'to publish it.'
SUPERVISOR MURPHY: —To publish what we intend to do.
COUNCILMAN TOWNSEND: There will• be.. time for more discussion this thing,
and see what Greenport has in mind.
COUNCILMAN STOUTENBURGH: Yes, .I think that's 'the important thing, that
Greenport come back with something now. Could Jim' look into something, so
that by the time this comes up--is 'he doing that? Has he been told to do this?
COUNCILMAN •TOWNSEND: Well, we've got that impression. I didn't tell him
specifically.
COUNCILMAN STOUTENBURGH: Well, somebody ought to tell him; I think, from .
this 'office, that that's what he should be doing.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 43 is 'to authorize Justice Price to attend
Town Justice Training Session.
43. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of SOuthold hereby authorizes
Southold Town Justice William H. Price, Jr. to travel to Ulster Community
College, Stone Ridge, New York, to attend Town Justice Training Session
on June 15 and 16, 1984•, and the actual cost to travel, meals and lodging
shall be a legal• charge against the Town of Southold Justice Contractual
Account.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman .
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
196 MAY 8, 1984
SUPERVISOR MURPHY: Number 44 is to set a public hearing on a new Local
Law.
44. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, 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
5th day of June, 1984, at 3:00 P.M. , at which time and place all interested
persons will be given an opportunity to be heard upon the following matter:
"A Local Law in relation to authorizing the issuance of Wetland Permits by
by the Board of Trustees," which reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]) .
Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
I . Section 97-13 (Definitions) is amended by adding thereto the following:
TRUSTEES - The Board of Trustees of the Town of Southold.
BOARD - Unless otherwise indicated shall mean the Board of Trustees of
the Town of Southold.
CLERK - Unless otherwise indicated shall mean the Clerk of the Board of
T rustees.
li. Section 97-20 (Permits Required) is amended to read as follows:
Notwithstanding any prior course of conduct or permission granted, no
person shall conduct operations on any wetlands in the Town of Southold
unless he shall first obtain a written permit therefor issued by authority ,
of the [Town Board] Trustees as hereinafter provided, and only while
such permit remains in a e�—
111 . The first paragraph of Section 97-21 (Application) is amended to read as
follows:
A permit may be issued upon the written, verified application of the
person proposing to perform operations on wetlands. The application
shall be submitted to the [Town] Clerk in quadruplicate. Such
application shall contain the following information:
IV. Section .97-22 .(Waiver of Certain Requirements) is amended to read as
follows: - : ..
The [Town Board] Trustees, upon request of the applicant for a permit,
may . waive, --in--whole. or in,part, . the provisions. of Article 1I, Section.
97-21 _ D and. G, where- At. - finds that the-.. -.nature of the proposed
operations is such that the requirements of such. provisions are not
necessary for a.,proper-consideration of a•_permit application.
V. Subaivision A and. B of Section 97-23 (Fees) are amended to read as
follows:!-
A. Every application for a permit filed with the [Town] Clerk shall be
.-accompanied by a filing fee of twenty-five dollars .($25.)., no portion. .
of which shall be refundable.
B. In addition to the filing fee, . the [Town Board] i rustees,• upon the '.
adoption of _a resolution authorizing the issuance of a permit, shall
determine the amount of the inspection fees to be paid by the
applicant to the [Town] Clerk upon the issuance of a permit, in
accordance with Section 97-25C hereof,
V1. Subdivisions A, B and C of Section 97-24 (Processing of Applications.)
are amended to read as follows:
A: Investigation. Upon receipt of .the application, the [Town] Clerk
shall forward one (1) copy thereof to the Conservation Advisory
Council and one (1) copy to the [Town] Trustees [and one (1)
copy to tFe—Town Board] . The Conservation Advisory Council '[and
the Town Trustees] shall [each] review said application and the
effect, if any, on the wetlands and tidal water's of the town that ,
may result from the proposed operations, and shall, within twenty
(20) days of receipt of the same, forward its written report of
findings and recommendations with respect to such application to
the [Town Board] Trustees. If the Conservation Advisory Council
.[or the Town Trusteesl sliall recommend' that such application be
disapproved, the reasons for such disapproval shall be set forth in
MAY 8, 1984 197
B. Hearing. Upon, receipt 'by'" the <'[Town Board] :Trustees : of the
report[s] of the Conservation Advisory Council an t e Town
Trustees], [the Town Board] the Trustees shall hold a public
hearing on such application • upon not less othan ten (10) days'
notice, to be published in one (1) or more newspapers having a
general circulation in the town.
C. Action. Within thirty (30) days after the public hearing on such
application, the [Town Board] Trustees shall either adopt a
resolution directing the issuance of a permit or adopt a resolution
denying the application therefor. A resolution directing the
issuance of a permit- may be adopted only if the [Town Board]
Trustees find[s] that the proposed operations will conform to the
standards set forth in Section 97-28 hereof. If the [Town Board]
Trustees adopt[s] a resolution denying an application for a permit,
the reasons for such denial shall be set forth in such resolution.
In the event that the [Town Board] Trustees shall fail to act on
such application within the time prescribed herein, such application
shall be deemed to have been approved and the [Town] Clerk shall
issue a permit authorizing the operations applied for.
V11 . The :first -paragraph: :of' Section - 97-25 (Issuance of Permit; conditions;
inspection feesl--is hereby amended to. read as.follows:.
The _[Town Board] Trustees may; upon ,.the --adoption -of a resolution
directing: the issuance of a-permit::
W I I I. 5_Section ' ,.97=26- _.(Liability : insurance) ..-..,is-- .hereby•-...amended to read as-
follows:
The -applicant for -a permit hereunder..shall, before the issuance of said
permit by the [Town] Clerk,* file with the [Town] Clerk a certificate
that, the applicant has public-liabilityAnsurance policiest:insuring against
any liability .which may arise in the performance of the operations
pursuant to such permit in such amount as shall be fixed by the [Town
Board] Trustees, which said policies shall name the town as a named
insured.
IX. The first unlettered paragraph and subdivisions C 'and E of Section
. 97-27 (Contents of permit). are amended to read as follows:
Each permit issued hereunder by the [Town] Clerk pursuant to a
[Town Board] resolution of the Trustees shall state the following:.
C. The conditions imposed by the [Town Board] Trustees on the
issuance of the permit.
E. 'A statement that "The validity of this permit is or may be subject
to the approval of other governmental or municipal authorities. The
town accepts no responsibility in applying for or obtaining such,'
approval. In the. event that such approval is necessary, the holder
of this permit shall not commence operations hereunder until such
approval has been obtained in writing. The failure to obtain such
other approval when required shall subject this permit to immediate
revocation by the [Town] Clerk upon receipt by the [Town] Clerk
of written notice from such other governmental -or municipal
authorities of its refusal or disapproval," Acceptance of the permit
is acceptance of this condition.
X. The ..first. paragraph- of Section 97-28 (Standards) is. amended. to read as
follows:
The [Town Board] Trustees may adopt a resolution directing the
issuance of a, permit to perform operations applied for only if it
determines that such operations will not substantially: '
Xl Section 97-29 (Transferability) is amended to read as follows:
A permit issued pursuant hereto shall not be transferred or assigned
without the prior approval of the [Town Board] Trustees.
J
198
MAY 89 1984
XI I. Subdivision B of Section 97-31 . (Notice of violation) is amended to read
as follows: -
B. -Such1 notice-, shall be in writing, shall specify the Violation and
"shall state-the conditions which must be complied with and the time
within which compliance -must be completed before operations- may
be-resumed. Such notice shall also inform the person to whom it, is
directed of .his right to apply for a hearing before the [Town
Board] Trustees, as hereinafter:provided. -
XIII . Section---97-32 (Hearing on -violation) is amended to read as follows: .
A. Any person affected by a notice of violation issued pursuant to the
preceding section hereof may request and shall be granted -a
hearing before the [Town Board] Trustees, provided that such
person shall file a -written request t erg e o with the [Town] Clerk
within ten (10) days after service of the notice of violation. Such
request shall.- have annexed thereto a copy of the notice of
violation . upon which a hearing is requested and shall set forth the
reasons why such notice of violation should be modified or
rescinded. -
B.. The [Town] Clerk shall present such request to the [Town Board]
Trustees at its next regular. meeting. The [Town Board] Trustees
shall set a time : and place for such hearing and shall give the
person requesting the same at least five (5) days' notice of the
time and place thereof.
C. At . such hearing, the person requesting the same, or his
representative, shall be given an opportunity to show cause why
such notice of violation should be modified or rescinded. After
such hearing, the [Town Board] Trustees may sustain, modify or
.. .rescind such notice of violation, or revoke any permit previously
issued, and shall specify the reasons therefor.
D. The notice of violation for which a hearing is requested shall
continue in effect pending the hearing and determination of the
[Town Board] Trustees.
XIV_ . Subdivision A of Section 97-33 (Penalties for offenses) is "repealed and -the following is substituted in its place.
A.- Fo"r "each offense against -any of the provisions of this chapter or
any regulations made pursuant Aher.eto, or failure to. comply with a
written notice or order. of .an -Building Inspector within the time
fixed for compliance therewith, . the owner, occupant, builder,
architect, contractor or. their agents or. any other person who
commits, takes part or. . assists . in the commission of any such
offense or who .shall. - ail to. comply with a .written .order or. notice
of any Building Inspector,,. shall,- .upon a first conviction thereof,
be guilty of a violation. punishable . y. a . ine of.not exceeding. ive
hundred dollars or imprisonment for a. period not to exceed fifteen
15) da s, or both. . Each a on a which such violation- shall occur
shall constitute. a separate,_. additional offense. For a second an
il
--- subsequent conviction. . within. eighteen , months. thereafter, such
person shall e guilty. o a. violation punis a Ie by a fine not
exceeding one thousand ive. hundred. dollars, or im risonment for
a .period . not to exceed fifteen 5days, or both such tine anil
imprisonment.
XV. Subdivision B of Section 97-33 (Penalties for offenses) is amended to
read as`-follows:
B. In addition to the above-provided penalties, the [Town Board]
Trustees' may also ,if authorized by the Town Board, maintain an
action or- •proceeding in the name of the town in a court of
competent jurisdiction to compel compliance with- or to restrain by
injunction the violation of this chapter.
XVI. This Local Law shall take .effect upon its filing with the Secretary of
State, except that the provisions of this chapter, as amended by this
Local Law, shall take effect on and after the first day of the second
month after the effective date of this Local Law, and shall be applicable
to all applications for wetland permits filed on and after such date.
• All applications for wetland permits filed prior to the first day of the
second - month after the effective date of this Local Law shall be
governed by the provisions of this chapter in -effect immediately prior
to the effective date of this Local Law.
MAY 8, 1984 199
Q
COUNCILMAN STOUTENBURGH: I might add that this is 'a long time coming.
SUPERVISOR MURPHY: Any other questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 45 is to transmit a Local Law to the Southold
Town Planning Board and Suffolk County Planning Department.
45. Moved by Justice Edwards, seconded by Councilman Schondebare,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local. Law in relation to permit fees for signs,"
now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law to the Southold Town Planning Board and Suffolk
County Department of Planning in accordance with the Code of the Town of
Southold and the Suffolk County Charter. Said' proposed Local Law reads as
follows, to wit
BE IT ENACTED by the town board .of the Town of Southold as follows:
I . Section 100-141, Subdivision J(1) (Permit Fees) of the Code of the Town
.of Southold is amended by adding thereto a new subsection, to be
subsection (f) , to read as follows.
(f) Signs. The fee for all signs, except signs permitted by Section
100-30C(6) (a) , shall be twenty-five cents (0.25) for each
square foot of sign area, with a minimum fee of five ($5.)
dollars.
II. This local law shall take effect upon its filing with the. Secretary of
State.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 46 is a negative determination.
46. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, 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 Katherine
Farr, for a Wetland Permit to construct timber bulkhead, install float in .front of
proposed bulkhead, and dredge in front of the bulkhead and place spoil on
adjacent upland as backfill 'for the bulkhead, on Sterling Creek,. on the west
side of Manhanset Avenue, Greenport, 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 other questions on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, .Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
200 MAY -8,1984
SUPERVISOR MURPHY: Number 47 is the Katherine Farr Wetland Permit.
47. Moved by Supervisor MZurphy, seconded by Councilman Stoutenburgh,
WHEREAS, Enconsultants, Inc., -on ,behalf of Katherine Farr, applied to- the
Southold Town Board for -a :permit under, the provisions of the Wetland
Ordinance of the Town of Southold, application dated August 25, . .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 8th day of May, .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 Katherine Farr, be granted
permsision under the provisions of the Wetland Ordinance of the Town of Southold
to construct timber bulkheading, install float in' front of proposed bulkhead, dredge
in' front of the bulkhead and place spoil on. adjacent upland as backfill for the
bulkhead, on the west side of Manhanset Avenue, Sterling Creek, Greenport,
New York. This permit shall expire on May 8, 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.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of the prepared and amended
agenda. Is there any Councilman like to have anything further to say?
Paul?
COUNCILMAN STOUTENBURGH: No thank you.
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS: . . Just one thing, Frank. I think it's very important that
you look into that letter that came from Steve Malinowski regarding the mosquito
control on the Island. I would not want this 'to go any longer towards the end
of May because we'd .like to get started over there. So if you will'take that
into consideration, Thank you.
SUPERVISOR MURPHY: Be glad to. First thing in' the morning. Okay, anyone
in the audience like to have anything to say? Sir?
MR. PHIL BARTH, Southold: I seems that. certain members of the Board, out
of politeness, fined it very difficult to tell someone when they come before
the Board, and they're not supposed to, that they're not allowed to say anything
after a hearing is closed, and although the Town Attorney has said many times
that it's unlawful, and also unfair 'to have someone come, after a hearing is
closed, to present their point of view. It still seems to be very difficult for
someone to say you can't get up and speak. And I think that it's not wrong
to tell someone if they get up after a hearing is closed, to tell them you're
out of order.
COUNCILMAN STOUTENBURGH: I think it's perhaps something we might think
about as addressing before we start. our .meeting, that we should announce this '
kind of concept, to let the public 'know this; so that they.don't sit there for
an hour and then find out they're unable to say nothing.
COUNCILMAN TOWNSEND: Sometimes it's just to know what they're here for.
SUPERVISOR MURPHY: Okay, anyone else? Any other comments? If not,
thank you, and I'd like to adjourn this meeting.
Moved by Justice Edwards, seconded by Councilman Schondebare, it 'was
RESOLVED that this meeting be and hereby is 'adjourned at 10:00 P.M.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk .