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HomeMy WebLinkAboutTB-08/28/1984 385 SOUTHOLD TOWN BOARD AUGUST 28, 1984 Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr. , Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Town Clerk Judith T, Terry. 10:00 A.M. - Councilwoman Jean W. Cochran. 16: 30 A.M. - Justice Raymond W. Edwards. 11 :00 A.M. - Town Attorney Robert W. Tasker. EXECUTIVE SESSION 9: 15 A.M. - The Board met with Engineer Lawrence- M.. Tuthill to discuss his affidavit in .respect to the Clempner,- Mandel, Conant. vs. Town of Southold. 9:35 A.M. - Community Development Director James C. McMahon met with the Boad to discuss the request of the Southold Park District for financial assistance in construction handicapped toilet facilities at the Founders Land Park. In a. letter to the Board the Park District states the cost to construct this facility would be approximately $24,000.00. . The Board agreed that if this is legally possible, due to the fact it is not open to all residents of the Town of Southold, they would only consider a small .contribution. Mr. McMahon will check on the legality of the funding. 9:40 A.M. - The Board discussed the Wetland Applications of Bayview Development Corporation and Harbor Lights Property Association. Based on the amended app ica- tion of Bayview Development, the Board does not change their determination of significance. and still' requests a Draft Environmental Impact Statement. Furthermore, they will' give notification. to the Building Department to issue a violation against Bayview -Development, as well as Harbor Lights, due to the fact the work requested in' their'applicatioris was. completed prior to applying. Letter from Robert Knizek, Chief, Long Island Projects Section, NYS-DEC relative to a Southold Town/Greenport Village Scavenger Waste Ordinance was reviewed. Town Attorney tasker will have a draft ordinance prepared for the September 11th meeting at which time a' representative of Holzmacher, McLendon _ and Murrell will met with the Board,at 10:00 A.M. 9:50 P.M. - Shelter Island Town Supervisor George Kontje met with the. Board to discuss disposing of scavenger waste from Shelter Island at the Southold Town Landfill composting site. The DEC wants the waste to be transported off of Shelter Island as soon as possible, but whether they will allow it to be disposed of at the Landfill site must be determined. When the Scavenger Waste Plant is constructed they will be disposing of it there. Mr. Kontje will consult the DEC relative to the use of the landfill site. 10: 10 A.M. - Bill Gillooly, Director of the Greenport .Villa a Community Development Office spoke to the Board at a $15,000 grant from the New York State Department of State, Coastal Energy Impact Program for the purpose of studing the disposal of solid waste: The Village has received proposals and would like to go forward with a study and asked the Town to contribute between $2,000 and $3,000 in time by various employees, as would the Village. The primary, goal of the study is the conversion of solid waste to generate electricity. Mr. Gillooly presented a proposed agreement to the Board which the Town Attorney will study before a decision is made,, although he ,was advised that the Board presently has several studies on file on the same subject. 10: 40 A.M. - Councilman Townsend outlined his proposals for amending the fees for the landfill. Town Attorney Tasker will have the proposed amendments drafted for the September 11th meeting. 10:55 A.M. - The Board discussed the letter of Sidney B. Bowne 8 Son submitting a proposal for an engineering/survey of the Skunk Lane, Cutcho ue, flooding problem. Councilman Stoutenburgh will meet a representative of the firm at the site to give them his views of the problem. 386 AUGUST 28, 1984 - The proposed Lakeside Garden Apartment project in Greenport Village was reviewed with Community Development Director McMahon. There seems to be some confusion as to the amount of money or inkind services to be provided by the Town. There is also the question of how the Village will repay the Town. Mr. McMahon will contact the Greenport Housing Alliance for this information. 12:30 P.M. - Recess for lunch. 2: 10 P.M. - Work Session reconvened. 2:20 P.M. - Water Advisory Committee Chairman Franklin Bear brought the Board up to date on the joint meeting between Southold and Riverhead Water Advisory Committees. 2:40 P.M. - Assessment Assistant Jack Sherwood discussed with the Board the survey of the Grohoski and Town property on New Suffolk Avenue, Mattituck. An appraisal of the property will be ordered. 2:50 P.M. - The Board dis.cussed-.Ahe_proposal_of Historian Magdaline Goodrich for the preparation of a Town Flag. Based upon the estimates received by Mrs. Goodrich the Board authorized the purchase of six flags at a cost of $85.00 each from Allegiance Flag 8 Banner, Hauppauge. 3:00 P.M. - Executive Administrator Victor Lessard appeared. before the Board to apprise of the violations existing with regard to the Harold Walters Junk Yard. Mr.. Lessard was advised to proceed with the violation after consulting with Special;. Attorney Lark. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, August 28, 1984 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 3:00 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 Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town .Attorney Robert W. Tasker SUPERVISOR MURPHY: I'd .like a motion to approve the audit of the Fishers Island Ferry District bills today.. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the audited bills of the Fishers Island Ferry District in the amount ,of $6,562. 90 be and hereby are approved -for- payment. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I'd like a motion now to approve the minutes of the Regular Meeting of August 14, 1984. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the minutes of the Regular Meeting of the Southold Town Board held on August 14, 1984 be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And a resolution to set the date of the next meeting on September 11, 1984 at 7: 30 P.M. , Southold Town Hall. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was .RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, September 11, 1984 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman .Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. _ This resolution was declared duly ADOPTED. AUGUST 28, 1984 3 8 7. I . REPORTS. SUPERVISOR MURPHY: Moving on to the first item on the agenda which is Reports. 1. Town Justice Price's report for July 1984. 2. Justice Edwards' report for July 1984. 3. Suffolk County Department of Labor Indicator Report - August 1984. These are on file in' the Town Clerk's Office for anyone who want to see them. 4. I'd like to ask the Councilmen now i_f they have anything further to report. Jay? COUNCILMAN SCHONDEBARE: We've had a Code Committee meetings. We've met twice already and scheduled for another one. shortly. This is with regards to the two family conversions as well as to the farmstands and hopefully it will be ready for the deadline which is September 14th for a final report one way or another on those two projects. Also tentative meeting with the Trustees with regards to the houseboat and housebarge law. That's probably the best way to go. The involved people, marine people were in there, who own marinas, etcetera. It was a nice give and take and exchange of ideas I believe the Trustees will try to come up with a suitable working law and then again meet with the marine people and talk to them about it. So before there is anything is done there will be. public input. Likewise on the farmstands I will also meet, the .Code Committee will meet with the local area farmers and ask for their input on any farm law that we come up with regulating the farmstands. So it will be something where we get public input rather than just coming out and doing it ourselves. We had a meeting with the Police Committee with regards to the ongoing discussions on the PBA Contract which is coming up again. And 1 know I missed one or two other meetings but that's about.it. I can't think what they were at the present time. - SUPERVISOR MURPHY: Councilman Townsend. COUNCILMAN TOWNSEND: Yes, I attended a couple of the--Code Committee and Police Committee meetings that Jay referred to. One. thing I might add and I think Jay' is to be commended for doing this; he came up with a questionnaire and a procedure for canvassing the community to try to determine what some of the housing needs are that we hear talked about and I think we're going to-talk to a lot of the local real estate agents, we're going to deal with senior!:citizen clubs and organizations and pass out a questionnaire to try to determine some of the real needs in the community for housing. In that same line I met with a developer from the south side that's . wo Iking on .a low or moderate income housing project for the Town of East Hampton, which involves the establishment of a Housing .Authority and talked with him about their methods and procedures. It seems that we might work on something along the same lines,. although I'm not--the scale they're working on is a little bit larger than what I think we have to work on. I haven't made a report to the Town Board on this as of yet. I met with Bob Tasker and Judy Terry to discuss--to further refine the landfill 'fees and we apparently came up with some problems which are going to necessitate another hearing and a new proposal for a Local Law regulating the use of the landfill, but I think we finally have the fee schedule nailed down and it's ready to go as soon as we have those hearings. 1. had lunch with Scott Davis who is a officer of a biological. purifcatiori corporation which does the engineering on re- trench sewage disposal systems. They are interested in'seeing if Greenport can't use one of their systems for the elimination of sludge in their drying beds. It's estimated that we could reduce the amount of sludge going into the landfill significantly by planting their existing beds with reeds and flora that they recommend and that might have some impact on preservation of our landfill. We may go up to see a similar project, I understand it'.s in New Jersey., sometime at the end of September or ibeginning of October. That's .about all I have. SUPERVISOR MURPHY: Thank you, Joseph. Paul? COUNCILMAN STOUTENBURGH: Nothing. SUPERVISOR MURPHY: Jean? COUNCILMANWOMAN COCHRAN: The only thing I did attend the two Code Committees and the only thing I would like to add to that in' relation to the two family housing oneof the things we were looking at is 'that it might be the possibility of providing affordable housing for our young people and-our seniors or anyone inbetween that has the need. We here in Southold have a Water Advisory Committee to the Board because we feel it's very important with our sensitive water supply. 1 would like the Board at some point to consider the possibility of perhaps a Advisory Committee to ;the Board in the area of affordable housing. We sat in that Committee and went around and around as far as some of the problems that are facing us in the area 'of housing and 1 think that it, might behoove the Board to look at the possibility of a advisory committee in that area. Also I attended the Freshwater Wetlands Hearing. I'mi aware this morning that we did give that assignment to Councilman Stoutenburgh to do more investigation, but many areas of freshwater wetlands in our Township do note appear on the DEC map--preliminary map, and I think it would behoove us to also invllestigate that there are many many pieces that should be added to .th.is map. I also attended the Water Advisory Committee meeting in Riverhead; a joint meetinq which was 388 88 AUGUST 28, 1984 held for .the purpose of discussing the two Towns jointly funding', a study as far as filter districts are concerned. I think that's about it; Frank. SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards? JUSTICE EDWARDS: Just that we're making preparations for the last big weekend on the Island and the tourists will'start to depart and we'll get our Island back. We also have the same housing problems that Jean spoke of on the Island. Don't know ,how we're going to resolve it, but it 'is definitely a problem over there also. That's it, Frank. §UPERVISOR MURPHY: Thank you, Judge. I would just like to add a little to what Jean said about Water Advisory and to compliment the Town and the Water Advisory Committee. We are far in.advance of I would say. almost any Town in the Country that we've heard of and very unique program and one that I'm glad to see everybody agreeing about that there is a need and the need to work towards the solution before we get into a crisis situation and then you tend to spend too much money and make a lot of mistakes. Also just as a sidelight yesterday 1 attended the Roll-Out Ceremony at Grumman for their X-29 experimental plane and it 'was most impressive. I met the Vice President, Vice President Bush and our two senators and many other military brass and it's quite a plane and: they've really done quite a' job on it. The people that work down in Grumman really should be commenced for .the tremendous program they put on and in developing this experimental program. II.. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving. on. to our second item on the agenda .which is Public Notices. 1. DEC Notice of a Public Hearing to be held on the application of G.O.F.A. Joint Venture, by MK Associates, Donald J. Middleton, President, to construct 34 condominium units, bulkhead, tennis courts, parking area, clubhouse, two floats, to be held September 7, 1984 at 10:00 A.M. , Village Hall, Third Street, Greenport. 2. DEC Notice of Complete Application of Winds Way Building Corp. to sub- divide 3.0 acres into two lots, construct a single dwelling on each lot, Cedar Beach Harbor, Southold. Written comments by September 14 1984 to DEC. 3. NYS-DEC Notice of Complete Application of Garrett A. Strang, to construct a new two story residence on Deep Hole Drive, Mattituck. Written comments by August 31, 1984. These, I'd like to point out, are all on the Town Clerk's Bulletin Board for anyone who is interested in reading and getting any further information. III. COMMUNICATIONS. SUPERVISOR MURPHY: Moving on. to the third item on our agenda, Communications. 1. From Dimension Cable Services - effective September 17th, Channel 61, a new station will begin broadcasting. Our plans are to place WTIC on Channel 1& on our basic line-up in place of SPN. It's.just a point that they're notifying us. . On the cable franchise these people are moving along very well on their reconstruction. We still' are receiving complaints, we still are calling Cable TV. . They've made some progress and this rebuild is probably their biggest show of effort and they .are progressing very nicely. I understand the talks are better and they're close to an agreement in Greenport so the rest of the Town will be able to be hooked and they are ahead of schedule if anything. So I'm.. very happy to hear that and hopefully this rebuild. will eliminate .many of the problems of poor service, brown-outs, black- outs, whatever--white-outs, whatever they have on them and the new contract does call for a series of fines if people--if the complaints are not answered properly. This is one of the strongest points in the new contract and I hope that -when the whole system is. rebuilt that they'll have a complete change of attitude down in Cablevision. One very strong point is that they did• change their leadership. . They have a new general manager down there and I think this might help. 2. The second communication is from a. Bob Haskins: "Dear Frank, Thanks very much to you and your associates for the plaque presented me at the conclusion of:your Board Meeting here on the Island. It was. very very easy to work with you• because you wanted to work with us. Kindest personal regards to you and members of the Board." This Bob Haskins is 'one of those people on Fishers Island, he was the head of the Civic Association last year, and one of those who does a tremendous job of volunteering to help other people and it was a pleasure to. work with him. V. RESOLUTIONS. SUPERVISOR MURPHY: Resolution No. 1, who would like to start off? 1. Moved by Councilman -Schondebare, seconded by Justice Edwards, WHEREAS, the Town Board of the Town of Southold is desirous of purchasing three parcels of land from the Suffolk County Department of Real Estate: Tax Maps Nos. 1000-027-05-007. 002, 1000-027-05-005. 002, and 100'0-028-01-001, all south of Narrow River (Hog Pond) Road, Orient, New York, and _ AUGUST 28, 1984 38.9 WHEREAS, the Suffolk County Department of Planning requires certain assurances from the Town of Southold concerning the future use of the aforementioned parcels, now,, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby gives assurance to the Suffolk County Department of Planning that the Parcels .1000-027-05-007. 002, 1000 027-05-005.002., and 1000-028-01-001., when sold to the Town of Southold, will remain tidal wetlands as shown on New York State Tidal Wetlands Map 726-556 and 728-556, and remain in public ownership and not be developed for any purpose, including adctive public recreation facilities such as a marina or playground, and be it further RESOLVED that the Supervisor be and he hereby is authorized and directed to send the following sums to the Department of Real Estate, County of Suffolk for the purchase of the aforementioned parcels: 72h Sale of County Owned Real Estate, Tax Map No. 1000-.027-05-007. 002. $533.24 72h Sale of County Owned Real Estate, Tax Map No. .1000-02T 5-005.002. - $533.24 72h Sale of County Owned Real Estate, Tax Map No. 1000-028=01"001 - $834.23. SUPERVISOR MURPHY: On the question. This 'is 'wetlands in Orient that has been up for tax sale approximately q little .over eighteen hundred dollars. We plan to buy it. We might sell it again to Nature Conservancy if possible because they're anticipating picking up quite a bit of acreage down there and rather than lose this property on a tax sale .the Town has first refusal on it. We'll buy it, we keep it or we'll resell it if its possible, but we don't want to lose this valuable piece of property down there. Any other questions on it? COUNCILMAN SCHONDEBARE: The amount we're paying is the amount of the back- due taxes to the County of Suffolk for-each, parcel. SUPERVISOR MURPHY: Any questions? (No response.) I.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. . SUPERVISOR MURPHY: Number 2 we're .going to hold-. (proposed Local Law in relation to permits and licenses for .vehicles transporting refuse into Town refuse disposal areas and penalties for offenses) . Number 3, Jean, would you. like to offer it? 3. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of SOuthold hereby rescinds Resolution No. 39 adopted on November 1, 1984, setting fees for permits for the disposal of liquid and solid waste at the Southold Town landfill Site, as amended by Resolution No. 17 adopted on May 22, 1984. SUPERVISOR MURPHY: On the question. COUNCILMAN SCHONDEBARE: On the resolution we cannot--as I understand it,-do away with a fee with regards .to the disposal of liquid waste as opposed to solid waste. SUPERVISOR MURPHY: Any other questions? (No response.) 3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Justice Edwards. Noes: Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. This resolution was declared LOST. . SUPERVISOR MURPHY: Moving on to Resolution No. 4, Community Development funds. 4. Moved by Councilman Townsend, seconded by Councilwoman Cochran, WHEREAS, the Town of Southold wishes to receive Community Development funding from the United States Department of Housing and Urban Development through the Suffolk County Community. Development .Consortium, and WHEREAS, in order to receive funding through the Suffolk County Community Development Consortium it is necessary to enter into a Cooperation Agreement with Suffolk County for a period of three (3) years commencing with federal fiscal year 1985. and continuing through federal fiscal year 1987, now, therefore, be it . RESOLVED that Supervisor Francis J. Murphy is hereby authorized and directed to sign a three (3) year cooperation agreement with Suffolk County to receive Community Development funds for federal fiscal years .1985., 1986, 1987. COUNCILMAN TOWNSEND: These funds have become vital to certain projects in the Town. They're generally of a capital nature and generally help with housing problems or problems of groups that serve the interests of some of our less fortunate residents and it's been a very valuable program for the Town for the last ten years. 39'1 0 AUGUST 28, 1984 SUPERVISOR MURPHY: Any other comments? This shows a reduction of. this year's funds from--we were about $240,000 down to $202,000, 1 believe, this year, so it is dropping a little bit but it certainly has been a big help. Any other questions? (No response.) 4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay; at this time I'd like a resolution to recess to hold a series of five public hearings. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED`I.that a recess .be called at this time, 3:30 P.M. , for the purpose of holding the following public hearings: 3: 30 P.M. - "A Local .Law to require the use of standard bushel bags for the taking of scallops for commercial purposes in town waters." 3:35 P.M. - Wetland application of Thomas D. MacDougall. 3: 37 P.M. - Wetland application of Harbor Lights Property Association. 3:40 P.M. - Wetland application of The Land Use Company, on behalf of John DiCarlo. 3: 42 P.M. - Wetland application .of Costello Marine Contracting Corp:, on behalf of Janet Maddams. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 4: 15 P.M. SUPERVISOR MURPHY: We'll move on to Resolution No. 5. 5. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, WHEREAS, Victoria Helen Moller, as the Executor of the Estate of John W. Moller, by petition dated March 7, 1984, applied to the Southold Town Board for relief from the Bulk requirements of the Zoning Code with regard to a proposed minor subdivision to be known as "Minor Subdivision of John W. Moller and Dorothy Moller," shown as Plots 4, 5; .6 and 7 on Map of Point Pleasant, Mattituck, 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 August, 1984, at which time all interested persons were given _an opportunity to be heard thereon, now, therefore, be it RESOLVED that Victoria Helen Moller, as Executor of,the Estate of John W. Moller, be Granted, relief from the Bulk requirements of the Zoning Code as provided. in Local Law No. 11 - 1983-, with regard to minor subdivision to be known as "Minor Subdivision of John W. Moller and Dorothy Moller," and be it further RESOLVED that the presmises described in said petition shall be subject to the Bulk regirements of the Southold Town Zoning Code in effect prior to May 20, 1983. SUPERVISOR MURPHY: Any questions on this resolution? Anyone have anything further? ' (No response.) 5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Moving on to Resolution No. ' 6. 6. Moved by Justice Edwards, seconded by Councilwoman Cochran, WHEREAS, Theodore Laoudis, by petition dated March 14, 1984, applied to the Southold Town Board for relief from the Bulk requirements of the Zoning .Code with regard to a proposed major subdivision to be known as "Angel Shore Estates," 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 August, 1984, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that. Theodore Laoudis be Granted relief from the Bulk requirements of the Zoning Code as provided in Local Law No. 11 - 1983, with regard .to proposed major subdivision to be known as "Angel Shore Estates," 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 on this? AUGUST 28, 1984 391 COUNCILMAN SCHONDEBARE: Again. for...the audience we are not passing on the merits, we're just passing on whether or not they were diligent in pursuing their application with the Planning Board. Our Planning Board says they were diligent. 6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: My concern is for water in the area and if we could do anything at all to help prevent the overdevelopment in particular in that area, I think we should. COUNCILMAN TOWNSEND: I agree. COUNCILMAN SCHONDEBARE: I agree. SUPERVISOR MURPHY: And I think everybody does agree and I will have to vote yes I'm afraid. - MRS. JEAN TIEDKE, Southold: Frank, I'd like to ask a question about why diligence comes into this? If you pass a law that repeals another law from the past-- . COUNCILMAN TOWNSEND: Bob is probably the best to answer that. TOWN ATTORNEY TASKER: When they enacted the two acre zoning, after they enacted it they realized that there were certain'cases which were pending for sub- ivisiori map approval that through no reason of the applicant never achieved approval by the time the two acre zoning went in. The purpose of this law was to afford those people to come forward and if 'they could prove to this Board that had it not been through reasons beyond their control they would have had their subdivision approved prior to two acre zoning and that's .the purpose of the law. In other words, they felt it was a hardship to some people who through no fault of their own never got their maps approved,and they felt it 'was only fair to give them an opportunity to come forth and prove that. SUPERVISOR MURPHY: Thank you, Bob. Joe? COUNCILMAN TOWNSEND: And the other reason behind that is if you put a provision such as that in the law it's felt it makes a stronger law if it's challenged because people will challenge it on an issue like this and defeat the whole law on the basis of the fact that consideration wasn't given to those people that put that time in and they might be able to strike down the two acre zoning or the upzoning and it was put in there to insure that we have a stronger law and that was the way it was explained to me and is one of the reasons why I voted for that .and I think it's probably true. MRS. TIEDKE: On the other hand-'-- SUPERVISOR MURPHY: One more comment, Jean. MRS. TIEDKE: All right. The new law was presumably enacted because of concern about groundwater and the public interest so what--in the long run, what should weigh against what? I find it very distressing. COUNCILMAN STOUTENBURGH: I. can understand your feeling there, Jean, very much so, . but I'm not sure we can do much about. it: We have run out--how many do we have--is this the last of them now? TOWN CLERK TERRY: No, I have, I think, a total of three left. COUNCILMAN STOUTENBURGH: I think we have three more, Jean and then they're finished, but there is that sort of grandfather clause for the people who proceeded before the two acre zoning and in no fault of their own were held back. It's hard to swallow, but I'm afraid we have to do it, and should we not do it then we could be, I think, brought right into court and lose very simply. SUPERVISOR MURPHY: Okay, moving on to Resolution No. 7, a trailer renewal. 7. Moved by Councilwoman Cochran, seconded by Justice Edward, it was RESOLVED that the application of Zdzislaw Mikolajczyk for renewal of his single family house trailer permit which expired on Auguste 9, 1984, for trailer located -on the north side of private road, off of east side Main Road, Mattituck, New York, be and hereby is granted for a six (6) month period. 7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY; Number 8 is 'to accept a bid. AUGUST 28, 1984 392 8. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Muirfield Contracting, Inc., P. O. Box 148, Greenport, New York, for sidewalk and curbing removal and replacement at various sites in the Town of Southold, all. in accordance with the proposal and general conditions and specifications, at a price of $39,20 per square yard, and be it further RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to execute a contract with Muirfield Contracting,. Inc. for the aforementioned work. SUPERVISOR MURPHY: Any questions? (No response.) 8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is to accept another bid'. 9. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the-Town of Southold hereby accepts the bid of Brighton Steel Company, Inc., Hopewell Junction, New York, for supplying the Southold Town Highway Department with 10,'000 lin feet of Snow Fence, all in accord- ance with the bid specifications at a cost of $35.20 per roll ($3,520. 00) , and 500 - 6 foot studded steel T Posts, all in accordance with the bid' specifications, at a cost of $2. 65. each ($1,325. 00) . SUPERVISOR MURPHY: Any questions on it? (No response.) 9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to set a time for a public information input to the Town Board. 10. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00.P.M. , Tuesday, September 11, 1984,Southold Town Hall, Main Road, Southold, New York, as time and. place to hear citizen views on local needs to be met with Year XI Federal Community Development .Block Grant Funds. 10.-Vote of the Town Board: , Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number .11 is to accept a resignation. 11. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Judith Edwards, part-time Clerk-Typist to the Town Justice on Fishers Island, effective. August 15, 1984. 11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number. 12 is to set a public hearing. 12. Moved by Councilman .Townsend, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, September 11, 1984, 8:05 'P.M'. Southold Town Hall, Main' Road, Southold, New York as time. and place for a public hearing in the matter of the petition of Anna Fiore, Michael Longo, Larry Stein, Christian Christake, J. Evangelista and S. Evangelista Tor relief. from the Bulk requirements of the Zoning Code as provided in Local Law No. 11 - 1983., with regard to a. proposed major subdivision entitled,. "Subdivision of Richmond Creek Farms," consisting of 49. 9 acres and located on the south side of Main (State Route 25) Road, Peconic, New York. SUPERVISOR MURPHY: Any questions? (No response.) 12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is the release of a performance bond of.$35,000. 13. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $35,000. 00 performance bond submitted by Theodore Dowd in 1978 for the completion of roads and improvements in the subdivision known as "Sea Aire Estates," as recommended by the Southold Town Planning Board, Inspector . AUGUST 28, 1984 393 av� is, Southold Town Highway Superintendent Dean, and Southold Town Board Highway Committee. SUPERVISOR MURPHY.: Any questions? (No response.) 13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is 'to authorizing the filing of an application. 14. Moved by Justice Edwards, .seconded by Councilwoman Cochran, WHEREAS, Town of Southold (Fishers Island Sewer District) herein called the "Applicant," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the planning, design and construction of certain works, required for the treatment of sewage, generally described as Fishers Island Sewage Collection, Treatment and Disposal System Project consists of Construction of Wastewater System and associated contruction management activities., and identified as Project Number C-36-1149-03, herein called the "Project;" is desirable and in the public interest, and to that end it is necessary that action preliminary to the planning, design and construction of said Project be taken immediately; and WHEREAS, under the Federal Water Pollution Control Act, as amended, the United States of America has authorized the making of grants to aid in financing the cost of planning, design and construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans and specifications in connection therewith; and WHEREAS, Chapter 659 of the..Laws.of 1972 of the State of New York, provide financial aid for the planning, design-, ..and construction of Water .Quality Improvement Projects;and WHEREAS, the Applicant has examined and duly considered .the Water Pollution Control Act, as Amended and Chapter 659 of the. Laws of 1972 of the State of New York and the applicant deems it to be in the public interest and benefit to file an application under these laws and to authorize other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of Southold: . 1.. That the filing of application in' form required by the State of New York and the United States and in conformity with the Water Pollution Control Act, as amended and Chapter 659 of the Laws of .1972 of the State of New York is hereby authorized . including all understandings and assurances contained in said applications.. 2. That Supervisor Francis J. Murphy is directed and authorized as the official representative of the applicant to act in connection with the applications and to provide such additional information as may be required; 3. That the Applicant agrees that it will fund its portion of the cost of said Water Quality Improvement Project; . 4. That one (1) certified copy of this REsolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the Federal and State application; . 5. That this Resolution take effect immediately. SUPERVISOR MURPHY: Any questions on this? Bob, that contract on the Fishers Island Sewer District is okay, the application to- TOWN ATTORNEY TASKER: That's the one we worked on? SUPERVISOR MURPHY: Yes. TOWN ATTORNEY TASKER: Yes. I ,thought that was filed. SUPERVISOR MURPHY: It was all filed and we got ,the grant, now to fill the applica- tion. I sent the papers down--. . TOWN ATTORNEY TASKER: Yes. SUPERVISOR MURPHY: They're okay? TOWN ATTORNEY TASKER: Yes. SUPERVISOR MURPHY: Okay, thank you. Any other questions on it? (No response.) 14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to proclaim the week of September 16 through 22 as Emergency Medicine Week. 15. Moved by Supervisor Murphy, seconded by Councilman Townsend, WHEREAS, hundreds of lives in Southold Town are saved each year by emergency medical personnel, and 394 AUGUST 28, 1984 WHEREAS, advances in emergency medical care have made it possible to save these lives, and WHEREAS, emergency physicians and nurses of Eastern Long Island Hospital and prehospital care personnel in Southold Town are highly trained to assure that more lives are. saved every day, and WHEREAS, emergency department personnel at Eastern Long Island Hospital are specialists trained to handle life-or. limb-threatening illnesses and injuries requiring immediate attention, and must be available 24 hours every day of the week to all patients who need medical aide, and . WHEREAS, many citizens of our communities have undertaken Emergency Medical Training, Advanced Emergency Medical Training, and Cardiac Pulmonary Resuscitation Training in. order 'to prepare themselves to come to the emergency aid of their neighbors, and WHEREAS, EMERGENCY MEDICINE WEEK is 'being held to educate the citizens of Southold Town about emergency medicine, now, therefore, it is hereby PROCLAIMED by the Town Board of the Town of Southold that the week of September 16 through September 22, 1984 shall be. EMERGENCY MEDICINE WEEK in the Town of Southold. 15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, .Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is a maintenance agreement for our phones. 16. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was. RESOLVED that the Town Board of the Town of Southold hereby authorizes Super- visor Francis J. Murphy to execute an Annual Full Service and Maintenance Agreement between Telecom Plus and the .Town for the period October 30, 1984 through October 29, 1985 at a total cost of $1,587.82. SUPERVISOR MURPHY: Any questions on it? COUNCILMAN SCHONDEBARE: This is before my time. Do I assume this is an on-going deal that you had some time back? SUPERVISOR MURPHY: Yes. TOWN ATTORNEY TASKER: We bought the telephone system in the Town Hall. We . own it. COUNCILMAN SCHONDEBARE: We own the telephones? . SUPERVISOR MURPHY: We own everything. COUNCILMAN SCHONDEBARE: . I don't .understand it.' Why did Victor tell me one day that .it would cost almost five hundred dollars for him to get a phone put on Curt Horton's desk? TOWN CLERK TERRY: It does. COUNCILMAN STOUTENBURGH: You still have to have someone come in and change it from here to there or what have you. SUPERVISOR MURPHY: The additional lines--we'.re built to capacity right- now with the'system we have and to get additional lines it's .very expensive. COUNCILMAN SCHONDEBARE: Okay, so it was the line coming in that's costing us and not the phone---. . SUPERVISOR MURPHY: Well, the whole system. We bought as a ten station system. We should look into expanding either through the same outfit=-turn ours in, get new ones or what, before this 'comes up. again next year, because we are growing.very rapidly and we're very short of phones. COUNCILMAN SCHONDEBARE: Yes, someone has to--Curt. Horton doesn't have a phone his desk, he's got to go over to the other desk and use someone elses. SUPERVISOR MURPHY: Yes. Okay, any other questions? (No response.) 16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards,. Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is the authorization fora street light. AUGUST 28, 1984 T. 395 17. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold, upon the recommendation of the Street Light Committee, hereby authorizes the placement of a street light on either LILCO Pole No. 81 or 82 on New Suffolk Avenue, Cutcho ue, between the bridge and Locust Lane. COUNCILMAN SCHONDEBARE: Shows that Street Light Committee is working. COUNCILWOMAN COCHRAN: They're working hard. COUNCILMAN SCHONDEBARE: Full time. SUPERVISOR MUPRHY: This one particular light is 'in a very bad spot. It does comply with our guidelines that we have and it's .a bad spot on New Suffolk Avenue has been the scene of quite a few accidents and also the light, I know, is not going to solve all the problems, hopefully it-does help. The speed limit is being reduced from .55 down to 35 in that whole section there hoping this will' help too. 1 just hope people abide by the speed limit. Any, other questions.? (No response.) . 17.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is the increase in: compensation for a deckhand on Fishers Island Ferry boat. 18. Moved by Justice. Edwards, seconded by Councilwoman Cochran,. it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase in compensation for Fisher.sllsland Ferry District deckhand Michael Londre an from $4.75 per hour to $5..25 per hour effective retroactive to August 1, 1984. 18.-Vote of the Town Board: Ayes: Councilwoman Cochran, .Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is authorize an agreement. 19. Moved by Councilman Stoutenburgh, seconded by.Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold. hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the Town of Southold and The Chase Manhattan Bank, appointing the Bank as Registrar/Transfer Agent and Paying Agent for the purposes of performing services for securities issued or to be issued by the Town of Southold; said agrement provides for a $500. 00 annual fee, $1.50 per bond paid at maturity, and necessary out-of-pocket expenses. SUPERVISOR MURPHY: Any questions on this? COUNCILMAN SCHONDEBARE: Yes, you were going to check with the local banks. SUPERVISOR MURPHY: Local banks are not interested, they're not capable. COUNCILMAN SCHONDEBARE: Did you check The North Fork? SUPERVISOR MURPHY: Yes, they're not in that type of business. COUNCILMAN TOWNSEND:. It's .a little less than we were told to expect. SUPERVISOR MURPHY: A little less. COUNCILMAN SCHONDEBARE: .The out-of-pocket expenses is what--doesn't even say anything, there's not even a limit on these out-of-pocket expenses. SUPERVISOR MURPHY: Especially with big'pockets. Any other questions on it? (No response.) This for the sake .ofi the people is concerning the sale of bonds for our Farmland Preservation and for Fishers Island Ferry Boat. With the new federal regulations on registration, you. don't have bearer bonds anymore, they all have to be registered and a bank acts as the agent. COUNCILMAN STOUTENBURGH: So that the income tax can be collected. SUPERVISOR MURPHY: And the man thinks they might change it.' I doubt •it very much. 19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman. Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is transfer of funds. 396 AUGUST 28, 1984 20. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfer. of funds within the General Fund Whole Town 1984 Budget_: From: Environmental Control, Equipment-------- .-------$200. 00 School Attendance Officer, Personal Services------$. 25.00 Into: Environmental Control, Contractual Expenses---777$200. 00 Civil Defense, Contractual Expenses--------------$ 25. 00 SUPERVISOR MURPHY: Any questions? (No response..) 20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN .STOUTEN BURGH: . What is Environmental Control, Judy? TOWN CLERK TERRY: , I believe it is •the Trustees. SUPERVISOR MURPHY: It's a bookkeeping--we have to go by the State's Audit and Controller's .Office. 21. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an additional advance of funds in the amount of $1,000. 00' from General Fund Whole Town ;Account to the Home Aide Program for payroll purposes. This resolution shall be effective for a period thirty (30) days from this date, August 28, 1984. SUPERVISOR MURPHY: Any questions on 21? COUNCILMAN TOWNSEND: Yes, we did this--was it a month ago we advanced money for the Home Aide Program, did we not? SUPERVISOR MURPHY: Yes, we still'' haven't received any reimbursement. TOWN CLERK TERRY: No, you did it the first of the year and you just amended it a month or so ago to include Community Development for payroll purposes. That's all. you did with that. This is a first of the year thing you have to do because you're always behind in being paid by the County. SUPERVISOR MURPHY: You see, they're short and this is an additional transfer of funds into the account because we're still short. We haven't been reimbursed yet. COUNCILMAN TOWNSEND: Now we know the County is going to--- SUPERVISOR MURPHY: We should have it very shortly. COUNCILMAN SCHONDEBARE: It's .in the mail? SUPERVISOR MURPHY: Yes, it's in the mail,.. Mary Bourcet stays on top of that. 21.-Vote of the Town Board: . Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is 'to appoint two traffic wardens. 22. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Arthur Lane as .a Traffic Warden for the Greenport School, and Sandra Hands as a Traffic Warden for the Southold School, effective immediately, at a salary of $21. 00 per day. COUNCILMAN "SCHONDEBARE: Were they doing this last year? TOWN CLERK TERRY: No, these are two new people. SUPERVISOR MURPHY: Any other questions on this? COUNCILMAN .TOWNSEND: I'd like to make a comment on this. I think that when we start_discussing the budget we ought to up these particular salaries because of th-e nature-- COUNCILMAN STOUTENBURGH: It's .a hazardous job. COUNCILMAN TOWNSEND: Well, it's not only hazardous in nature, but it ties up your entire day and it's .minimum wage type of thing. It ties up your entire day. For twenty-one dollars you have to be there two hours in the morning, half an AUGUST 28, 1984 397 hour at noon and two hours at night. : Where can you go for those two hours inbetween? I think that we ought to -recognise that factor when we--we have a heck of a time getting people to do this. SUPERVISOR MURPHY: Danny is adjusting this. Any other questions on it? (No response.) 22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of my resolutions. Would you like to, act on the any of the public hearings we had today? MacDougall maybe, DiCarlo and Maddams. I don't want to act on the first one--- COUNCILMAN TOWNSEND: Or Harbor Lights. 23. Moved by Councilman Townsend, seconded by Councilman Schondebare, WHEREAS, Thomas D. MacDougall applied to the Southold Town Board fora permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 22, 1984, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said applica- tion on the 28th day of August, 1984, at which time all interested persons were given an opportunity to be heard, now, therefore, be it ' RESOLVED that Thomas D. MacDougall be Granted permission under the provisions of the Wetland Ordinance of the Town of.Southold to construct ramp and dock at Arshamomaque Pond, 1275 Mill Creek Drive, Southold,. New York, Provided the width of the ramp is reduced to 3 feet. This permit will expire on August 28, 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. 23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The next one is The Land Use Company on behalf of John DiCarlo,. Number 24. COUNCILMAN TOWNSEND: Hold on just a second. On that last one. I see we are acting as if 'spartina grass and so forth refers• to that resolution. That was the recommendation of the Conservation Advisory. Council on the previous one. Just the 3 feet from the Trustees. COUNCILMAN STOUTENBURGH: You're not putting in' the grass. COUNCILMAN TOWNSEND: Well, it 'may not be appropriate because that. recommenda- tion--- COUNCILMAN STOUTENBURGH: What do you mean it wouldn't be appropriate. If they advised it, why wouldn'_t it be appropriate? COUNCILMAN TOWNSEND: They didn't advise it. COUNCILMAN SCHONDEBARE: I think Joe misread it is what he's saying. COUNCILMAN TOWNSEND: I didn't misread it, I read the resolution the way it was written, but that resolution showed-=took into consideration the Conservation Advisory Council's .recommendation to a previous---. TOWN CLERK TERRY: You're right. I'll take that out. COUNCILMAN SCHONDEBARE: So they didn't make. that recommendation? TOWN CLERK TERRY: That has nothing to do with the MacDougall resolution. I'm sorry. COUNCILMAN TOWNSEND: Yes, they didn't make that recommendation and it may not be appropriate to that area. TOWN CLERK TERRY: It isn't at all. It didn't pertain'to that one at all. SUPERVISOR MURPHY: Very good, Joseph. COUNCILMAN SCHONDEBARE: You picked that up. It's the first mistake this year, Judy. I'm surprised. COUNCILMAN TOWNSEND: So we're just going to granted it provided the ramp is reduced to 3 feet. 398 AUGUST 28, 1984 TOWN CLERK TERRY: Yes, that's it. I'm in trouble now. SUPERVISOR MURPHY: Duly noted, Judy. Duly noted on the official Town Clerk's records. COUNCILMAN SCHONDEBARE: One for Judy. SUPERVISOR MURPHY: Okay, Number 24. 24. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, WHEREAS, The Land Use Company, on behalf of John DiCarlo, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 3, .1984., and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said applica- tion on the 28th day of August, 1984; at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that The Land Use. Company, on behalf of John DiCarlo, be. Granted. permission under the provisions of the Wetland Ordinance of the Town of Southold to reconstruct bulkhead and return at the end of Terry Lane, on Town Creek, Southold, New York, Provided the replacement is made in place. '. Thispermit shall expire on August- 28, 1985 if 'work has. not commenced by said'date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. SUPERVISOR MURPHY: Any other questions on it? (No response.) 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is Costello Marine Contracting on behalf of Janet Maddams. 25. Moved by Justice. Edwards, seconded by Councilman.'Stoutenburgh, . WHEREAS, Costello Marine Contracting Corp. , on behalf of Janet Maddams, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 5, .1984, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their 'findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said applica- tion on the 28th day of August, .1984, at which time all interested persons were given an opportunity to be heard, now, therefore, be it ' RESOLVED that Costello Marine Contracting Corp. on behalf of Janet -Maddams, be Granted permission under the provisions of the Wetland Ordinance of the Town of Southold to replace bulkhead on property located off of the east side of Oaklawn Avenue, on Jockey Creek, Southold, New York,. Provided the replacement is in the exact .same location as the existing .deteriorated bulkhead. This permit shall expire V on August 28,. 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. 25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly. ADOPTED. SUPERVISOR MURPHY: Judy, I have another one and I have no idea what the girl's name is: . Jerry asked for a girl' for about, to be available to help catch up on their minutes. Do you know the person? TOWN CLERK TERRY: No. I've never heard about it. COUNCILMAN TOWNSEND: Authorize to hire? SUPERVISOR MURPHY: Part-time. It will' be like ten to fifteen hours a week. COUNCILMAN TOWNSEND: Should we do a resolution to authorize to hire or do we need the name? COUNCILWOMAN COCHRAN: This 'is to do what? SUPERVISOR MURPHY: To type their minutes. They're way behind. TOWN ATTORNEY TASKER: Yes, I was at their last meeting and as you know they've had a couple of long hearings, one of them has been adjourned three times. and the girl, the secretary is getting way behind. What they would Like to have in a senses is a stenographer to take the minutes and transcribe some of these hearings until they can get caught .up. AUGUST 28, 1984 399 SUPERVISOR MURPHY: That's .the next;,,problem. Were looking for immediate help to try to type up the minutes that have been taken already. We will look into that this week, going to a public stenographer for some of these meetings. Do you want to do it now. To hire a part-time person, no more than 20 hours a week at $5.00 per hour,, for a period of six'weeks .maximum. 26. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that -the Town Board of the Town of Southold hereby appoints Linda Taplin' as a part-time Clerk-Typist, 20 hours, per week, for the Southold Town Board of Appeals, at a salary of $5. 00 per hour, effective immediately, for a maximum of six (6)' weeks. SUPERVISOR MURPHY: Anyone have any further questions on it? (No response.) 26.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: That's the end of .the prepared agenda and the added-on agenda. Is' there any Councilman would like to make any further. comments? Jay? COUNCILMAN SCHONDEBARE: Yes, Jay Bredemeyer is here, and I would like to see you before you go on that ordinance on the bushel bags. I've got some questions. TOWN TRUSTEE BREDEMEYER: I'm sorry I'm late. 1 had hoped to be here to answer questions. I was held up in traffic. COUNCILMAN SCHONDEBARE: Okay, I'll talk to you after the meeting. COUNCILMAN STOUTENBURGH:.*; Would you get in touch'.'with Bob Hamilton. TOWN TRUSTEE BREDEMEYER: I've :already talked to him. I suggested he come and have his comments before the Board. COUNCILMAN STOUTENBURGH: That's what 1 was going to suggest. Have him come before your Trustees. SUPERVISOR MURPHY: Okay. Joseph? COUNCILMAN TOWNSEND: 11 just wanted to make one more resolution when the time comes to close the meeting after the public has been heard, concerning a Town employee that was employed for many years. SUPERVISOR MURPHY: Sure, okay. Paul? COUNCILMAN STOUTENBURGH:. There was a request by someone who asked about having notices of our committee hearings published on the Bulletin Board. Judy; when you send them out-- TOWN CLERK TERRY: They are. COUNCILMAN STOUTENBURGH: Do you have them on there? TOWN CLERK TERRY: There's .a calendar listing every meeting that goes on in this Town Hall and many of them at the Rec Center. It's .on that Bulletin Board and has been ever since we established the system. COUNCILMAN STbUTENBURGH: Okay, fine, that's .all 1 wanted to know. TOWN CLERK TERRY: There's .one inside my office on the bulletin board directly inside my door as well. r . COUNCILMAN STOUTENBURGH: Because this person .is somewhat coming back into action soon and I'd .like to make sure. TOWN CLERK TERRY: Yes, right outside on the Bulletin Board they may see it any time, Paul. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Nothing, thank you.. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: Well,. one. little comment I'd .like to say that the track lighting looks quite well up on the ceiling there. It's nice to see it up. I was wondering if Joe has found the switch for it. 400 oo AUGUST 28, 1984 SUPERVISOR MURPHY: I was just wondering when 1 would hear from our Councilman and 1 can't wait to see what kind of an art show we're going to have for our next Town Board meeting on the 11th, or do you want to wait a little longer. TOWN CLERK TERRY: Are we going to have a special ceremony .to light the lights? SUPERVISOR MURPHY: Yes, we'll .have a lighting ceremony--- COUNCILMAN TOWNSEND: I had an informal turn-on just to make sure--actually.-it probably was a mistake, I probably would have been electrocuted. I should have thought of that, it could have been wired. They do work, I'm pleased to report,, t SUPERVISOR MURPHY: Is there anyone in the audience would like to make;. any comments? Ruth? S _ t, MRS. RUTH OLIVA: Yes, I'd like to go into a little more detail about that Freshwater Wetlands Informational Meeting that we had last week.. The purpose of this is for the EC to hand over jurisdiction of their freshwater wetlands that will be designated on a special map, to the Towns if they so desire.' If the Towns do not desire to take jurisdiction, then the State will do so. The problem is 'with our maps, in say different-- to Fishers Island or Shelter Island, they're designed sole source aquifers, which we actually are, but have not received that designation from the DEC which we feel is �. really most important for the. Board to push for.. But anyway, for Fishers Island and for Shelter Island every pond or freshwater. wetlands under the 12. 4 acres, which the DEC requires to be 'classified as wetlands, or vernal ponds are listed and drawn in in the maps in Fishers Island and Shelter Island. With designations of just what is in each of these ponds as far as the wildlife, as far as the vegetation is concerned, and again:they have that, because they care classified as sole source aquifers. We do not have that classification. So when we looked at the maps we just saw big large areas, such as Laurel Lake, Marratooka Lake, Great Pond designated. Now to go back two years ago the Planning Board asked us, or specifically Lorraine Terry, to map out fresh and salt water wetlands for the Planning Board.. Lorraine.Terry was Chairman, was on the committee, as was Rich Latham. Lorraine actually did all the work, but expecially because we basically, 'I think, all know where the salt water wetlands are. She did a !survey of all the freshwater wetlands and .vernal areas in Southold Town. So we presented this to the DEC and said'that it isvery important to us, although we do not have that designation of sole source aquifer, we are in a critical water supply area and each of these wetlands that .under 12. 4 acres in designation, or the vernal ponds that are wet in spring and fall and winter, but not in summer, are extremely important for our' -recharge areas and should. be put on the map. I would also say they are important to.the Town government as a whole because once--especially these vernal areas are filled in,. very often then it creates a run-off problem because the water just percolates up to the neighbors• and then they come screaming to the Town Board, or we create a flooding, problem on one of the Town roads and again the people are coming in here. complaining. I. think we have that problem up on the Old North Road here in'Southold, where there's .a huge flood always in the road .because of filling in a pond. So for all these reasons, it is extremely important for us to have this. Now, the DEC took this information that Mrs. Terry had and hopefully will be putting it on the map. Tomorrow there is a hearing by the DEC down in the Legislature Room in Riverhead at 2:00 P.M. and 7:,00 P.M. and as a member of the Water Advisory Committee I was hoping that the Town Board could make some sort. of a statement asking that these areas be put on that map so the Town would. have jurisdiction or the DEC, .whoever decides to take them, but that it is extremely important .for these areas for our water recharge area, that they be protected from any development, regardless of size.- Most of our areas are under that 12. 4 designation--acres--by the DEC, ' so it ;is '.important for all these little wetland areas, ponds, small ponds, irrigation ponds, regular ponds; or vernal areas it be located. Now I really ask the Board that 1 could take, or we could send down to these hearings some sort of recommendation that they be put on the map. SUPERVISOR MURPHY: Ruth, I. couldn't agree with you more. I think we should. I would like you to say something on behalf of the Town Board. I'd like to ask any Town Board member to go. It's impossible for me to go tomorrow. COUNCILMAN STOUTENBURGH: I might be able to go. COUNCILMAN TOWNSEND: I'd like to ask a couple of questions. MRS. OLIVA: Yes, go ahead, Joe. COUNCILMAN TOWNSEND: Who mapped the wetlands? MRS. OLIVA: The DEC did this. COUNCILMAN TOWNSEND: They mapped all the wetlands in Southold Town? MRS. OLIVA: No, they haven't mapped them all. It was Henry Raynor that asked AUGUST 28, 1984 401 Lorraine Terry to do it because she probably is the most knowledgable person in Town, just where these areas are because`her',,hu band-'worked for Agway and a farmer and they know all these areas and she had been President of the NFEC years ago. But she really has really documented each one, who owns the land, and what have you, but she had never put it 'on a map because she never had a good map to work with, but they're all listed and---. . COUNCILMAN TOWNSEND: But she's not a--is 'she specifically trained in--- . COUNCILMAN STOUTENBURGH: No. MRS. OLIVA: I don't think that's necessary, because---. . COUNCILMAN TOWNSEND: I'll tell you why I asked that question. If somebody has a--we wouldn't want to .put something on .a map that is designated as wetlands if it wasn't a wetland. MRS.. OLIVA: Well, I can assure you.maybe she has had some--she has had training in marine biology and what have you, .b.ut again you're going to have to go back to the DEC because the Fish and Wildlife are going to investigate all these areas. So you will' have their 'backup as a DEC recommendation if they're going to put on the map, not just somebody locally. T.hey're going to go out and look themselves. COUNCILMAN TOWNSEND: Well, that's what 1 wanted to be certain of. MRS. OLIVA: Yes, it will be backed up. Steve Crockell, I think his name is, from the Fish and Wildlife Agency of.the DEC. COUNCILMAN TOWNSEND: And what limitations, for instance, if someone has a house with a pond in' the back. MRS.. OLIVA: Well then you 'probably would be almost the same as the saltwater wetlands: You -wouldn't be able to build within' 75 feet of it: That'.s what it is for any wetlands areas, .75 feet. A hundred foot for septic systems. COUNCILMAN TOWNSEND: I'd like to take a look at the map before I request the DEC to do that. MRS. OLIVA: Well, again, they are just mapping--this is what we want to have put on the map, Joe, and they will review it and I'm sure there will probably be a lot of back and forth back there, but at least that you request that these areas be put on the map and they will double check them. SUPERVISOR MURPHY: They might turn some of them down. MRS. OLIVA: They may turn some of them down, but at least you'll .get most of them on there. . COUNCILMAN TOWNSEND: I feel that we should definitely have freshwater wetlands-;-- protect our freshwater wetlands, but I'd like to make sure that what we're protecting is freshwater wetlands. MRS. OLIVA: I assure you it is: MRS. JEAN TIEDKE: Nothing said or done tomorrow is going to be final. MRS. OLIVA: No, as I said it will'be checked by the Fish and Wildlife Service. COUNCILMAN STOUTENBURGH: Ruth, how far did you get with the State as far as sole source? Did'they give any--7. MRS. OLIVA: No, that's another thing that this -Town Board should be writing to Albany about or something, that .we are not designated as sole source aquifer. 1 saw this=-- COUNCILMAN STOUTENBURGH: I thought we were. SUPERVISOR MURPHY: We are. MRS. OLIVA: No, it isn't. SUPERVISOR MURPHY: Ruth, we are. We are. Certainly we are. MRS. TIEDKE: By Federal we are. MRS. OLIVA: But not by the State because---.. . SUPERVISOR MURPHY: Under the Landfill Law we are. 4 0 2 AUGUST 28, 1984 MRS. OLIVA: According to the fellow from--1 .think--yes, it was Steve Crockell. He said they were just going to start designating the south fork, as a sole source aquifer because the U. S. Geological survey had just done that whole study down there, but we didn't have it done up here and I said, why aren't we, that's what we are is a sole source aquifer and I think somebody from the Board should investigate just what our status is up there. SUPERVISOR MURPHY: Jay? TOWN TRUSTEE BREDEMEYER: I think their terminology for sole source aquifer they use that was in keeping with the fact of the possibility of these areas having surface water supplies for drinking water supplies as opposed to below ground. That's the impression I got when he talked. In other words, when he spoke of Fishers Island he said they have surface water supplies and those ponds are cited for possible additional use. MRS. OLIVA: So are some of ours. TOWN TRUSTEE BREDEMEYER: Yes, 11m. saying that's what he said. That's the impression I got. He said that they were designated as a sole source so that they could automatically take a lead agency status. MRS. OLIVA: Right, but they were also-=but then he also told me that they were thinking of making the south fork sole source aquifer status too, so why shouldn't we.have it? It's ,worth at least looking into. SUPERVISOR MURPHY: Thank you, Ruth. Yes, mam, in the back.. MRS. JEAN LePRE, Cutchogue: Thank you, Mr. Murphy.. I'll be quick because .l know this isn't: on the agenda. I :have an eight year old retarded child. l wanted to thank you and Mr. Muir for giving us the swimming program this summer, it was beautiful, very nice. I am concerned that the recreation for the handicapped, which we requested .back in the spring, we submitted a request in June, of some kind of a program to get started. We've been promised meetings and now I understand today we are going to have a meeting in'mid=September. What I'm• concerned about is it's . going to be too late .for 1985'. My daughter has never been able to participate in any main streaming sports because-*they .are too competitive, except--well, it's not sports, it's Girl Scouts, she's .been able to participate. Not in any sports in Southold Town in six years. She's eight .years old now. . The only thing she has is what the school provides and that's ,after 3:00. on Friday or weekends, all summer there's nothing. And I am concerned as a parent for her, that .she's given some recreation. And for the quote, "normal youth", .in Southold Town, but specifically for my .child. I would hope something would get going soon before:;we lose 1985 budget and we lose any grants that are available,. because. I know Bob Sansone, Director of AHRC, has agreed to work with writing up some grants, and I don't think he's been contacted yet and I'm very concerned that we don't lose it for 1985. SUPERVISOR MURPHY: Thank you, Jean. I'm sorry to wake. the poor little baby up. MRS. LePRE: She's .just had her afternoon nap. Thank you very much for listening. SUPERVISOR MURPHY; Is there anyone else would like to speak?' Jean. MRS. TIEDKE: I had. to come late to the meeting with the DEC, the information meeting, but I did' have. a Tong discussion with them and I pushed, on behalf of the League of Women Voters, the same thing that Ruth was saying, that these small areas of freshwater:..wetlands' are very important for our groundwater supply. Whether or not we ever have surface water supply, which I doubt we'll have very much of, they're very important. And the three people there appeared to agree and I did look over the map that Lorraine had made and she has done a spectacularly good job. Now maybe she got in a few feet that aren't wetlands, but I wouldn't worry about it because'DEC said they would check each one out, themselves. SUPERVISOR MURPHY: Thank you. Anyone else like to make any comments? (No response.) If not, I would like a motion to adjourn. COUNCILMAN TOWNSEND: I would, like to make one more resolution. COUNCILMAN STOUTENBURGH: Have we agreed that if 1 can't go, Ruth can represent us? SUPERVISOR MURPHY: It would be all right with me. COUNCILMAN STOUTENBURGH: That's what I want-to make sure of. I don't want anybody saying---_ SUPERVISOR MURPHY: Does anybody object? (No response.) AUGUST 28, 1984 403 MRS. OLIVA: As long as'the DEC .is"going'';to double check. Just these areas will be placed on the map and that as long as---. SUPERVISOR MURPHY: You're not binding the Town with anything. COUNCILMAN TOWNSEND: I would like it inspected by the DEC. MRS. OLIVA: That's what I mean, the DEC. double check them. SUPERVISOR MURPHY: Thank you. COUNCILMAN.TOWNSEND: I've been asked by some fo the Town workers that have been here for several years to close the meeting with a moment of silence for Mildred Chapman who was a Clerk in the Board of-Assessor's Office for many many years and who pased away last week,, and that a copy of the minutes be sent to her family by the Town Clerk. 27. Moved by Councilman Townsend, seconded by Councilwoman Cochran, WHEREAS, this Board has learned with deep sorrow of the death of former Town employee Mildred R. Chapman., and . WHEREAS, in her service to the people of the Town of Southold as a Clerk to the Receiver of Taxes and Board .of Assessors for over seventeen years, from 1954 until her tetirement on September 30, 1970, .Mrs. Chapman distinguished herself as a dedicated .and conscientious .p'ublic servant, and WHEREAS, the Town Board of. the Town of Southold wishes to give formal expression of its loss in the death.of Mildred R. Chapman, a woman esteemed by her associates and respected by all, now, therefore, be it RESOLVED that when the Town Board adjourns this date, it does so out of respect to the memory of Mildred R. Chapman, and be it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting a copy be transmitted to the family of Mildred R. Chapman,-. that we may extend to them our sincere sympathy. 27,-Vote of the Town Board: . Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, _Councilman Townsend, Supervisor Murphy. This resolution was declared. duly ADOPTED. --. This Town Board meeting adjourned at 4:55 P.M. C AJ1 T. Terry Southold Town Clerk