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HomeMy WebLinkAboutTB-10/23/1984 459 SOUTHOLD TOWN BOARD October 23, 1984 WORK SESSION Present: Supervisor Francis 'J. Murphy, Councilman Joseph L. Townsend, Jr., Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James::A...S.chondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean. 9:05 A.M. - The Board met with Board of Appeals Chairman Gerard P. Goehrin er concerning an exttensi6h of time for part-time Clerk-Typist Linda Taplin: (Resolution No. 24 (a) E (b) . EXECUTIVE SESSION 9: 15 A.M. = Planning Board Chairman Bennett Orlowski, Jr. , and members William Mulknand Richard Ward met with the Board to discuss pending litigation. ' N 9:30 A.M. - The Board• conducted hearings under Chapter 90 of the Code, Unsafe Buildings, in the matter of Marine Associates, Inc. (recessed to 9:30 A:M., November 20th) , and Southold Development. Corporation. 10: 45 A.M. - Work_Session reconvened and the Board met with John M. Wourgola, Esq. , representing Bay View Ventures, a 38 lot residential subdivision located on New Suffolk Avenue, near Deep Hole Drive, Mattituck, to request the Town Board to take. responsibility for the operation and maintenarice df'a water supply plant for that subdivision. Frank Bear, Chairman of the Water Advisory Committee said the Committee is •concerned about reaching an agreement with the Village of Greenport, who has already been approached to operate the system, and they feel the Town should establish the district and. contract it 'out to another entity. Town Attorney Tasker explained that a special district must be established, and to do so the developer or lot owners must petition the Town Board to create the district before it can be formed. Mr. Wourgola will review this proposal with his 'clients. 11: 15 A.M. - Mr. David Spohn, Southold's .official representative for the Airport Site Selection/Master Plan Study, met with the Board to discuss a.recent letter from the U. S. Department of Transportation concerning, their review of the draft report (Inventory and Forecasts) for the Study. The_..Boar'd concurs with the forecasts presented and Supervisor Murphy will' respond to same:. Councilman Schondebare did state that he would like. an informational meeting held before this goes much further and Mr. Spohn agreed that it 'would be a good idea, as did the other members of the Town Board. Edwin' Reeves, Yankee Airways, presented the .Board: with letters from air:;taxi companies concerning the forecasts of "Commercial Aviation Demand for Commuter and Air Taxi".' Off-Agenda Items discussed: Letter from Resource, Recovery Systems, Inc. offering a total service to remove those materials from the waste stream by recycling.--- Letter from the Southold Town Planning Board recommending to the Town Board that an engineer be asked to pot the proposed Sound. View Avenue Extension as indicated on the Preliminary Master. Plan update, so the Planning Board can have an accurate tool to use when subdivision, proposals are presented in this area of the Town. . The Board will' look for proposals for this •project.---Letter from William H. Price of McMann-Price Agency concerning renewal of Town insurance policies. Proposals from local insurance agencies .will be solicited.---Letter from Building Inspector Curtis W. Horton relative to violations of the Junk Yard Ordinance•by Harold E. Walters. This will'be discussed further with Mr. Horton.---Letter from Town Attorney Tasker relative to the proposed Lead Agency Agreement with the NYS-DEC. The Town Trustees have the major disagreement with the agreement where dredging projects are concerned, and Councilman Schondebare will meet with the Trustees to discuss their concerns.---Letter from the Southold Town Fire Chiefs Council requesting a representative of the Town Board to regularly attend their Council meetings. Supervisor Murphy will attempt to make the meetings, but 460 OCTOBER 23, 1984 either he dr Councilwoman Cochran will be present when there is a specific request concerning a matter of mutual concern.---Proposal from Kee Jay Enterprises, Inc. to install thermal (ln'Flectortm) material over seven windows in the Town Hall as a test of their effectiveness, at a total cost of $446.10. It was the decision of the Board to reject this proposal in' light of the fact all the windows in the Town Hall are ThermaLPane. ---Letter from the Village of Greenport concerning their negotiations with Cablevision.---Reviewed the recommendation of the Planning Board concerning a proposed Local Law in relation to building set-back require- ments . on lots adjacent to Tidal Waters. The Board is in agreement with their suggested changes to the proposed Local Law and Town Attorney Tasker will redraft same for the November 8th meeting.--. Letter from the Fishers Island Civic Association' .-concerning incorporation of the Fishers Island private master .Plan study recommendations Within the proposed Southold Town Master-Plan update. Supervisor Murphy and hopefully Planning .Board Chairman Bennett Orlowski will attend the late November Fishers Island Civic Association meeting at which time their study will' be discussed. Recess for lunch at 12: 15 P.M, at which time they also inspected the Marine ssociates,. nc. property and Southold Development Corporation property in New Suffolk,. as well as investigating, with a representative of the Corps of Army Engineers, a parcel of property at the Mattituck- Breakwater being offered to the Town for a launching site. REGULAR MEETING 3:00 P.M-. A Regular Meetirfg -df-the Southold Town Board was held on Tuesday, October 23, 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 Superintendent of Highways Raymond C. Dean SUPERVISOR MURPHY: I would like a resolution to approve the October -23rd audit of the bills. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that the following audited bills be and hereby are ordered paid: Highway Department bills in the amount of $93,312. 13; Fishers Island Ferry District bills in the amount of .$988.10. 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: 1'd like a resolution to approve the minutes of the regular Town Board meeting of..October 9, 1984. „ Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the minutes of the .Regular Meeting of the Southold Town Board held on October 9, 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: I'd like one more resolution to set the next meeting date at Thursday, November 8, 1984, at 7: 30 P.M. We are closed on Election Day and at that same day we are going to have our Budget Hearing. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held on Thursday, November 8, 1984, at 7:30 P.M. , 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. -_ 461 OCTOBER 23, 1984 SUPERVISOR MURPHY: Moving on to the first item on our agenda is reports. 1. REPORTS. 1. Town Justice monthly report from Judge Tedeschi - September 1984. 2. Town Justice monthly report from Judge Edwards - September 1984. -3. Town Justice monthly report from Judge Price - September 1984. SUPERVISOR MURPHY: Those are the only reports we have. They are on file in the Town Clerk's Office for anyone to look at. I'd like to ask the Councilmen for their reports. I'll start on my left with Judge Edwards. JUSTICE EDWARDS: Yes,. we had a meeting on the Island a week or so ago, the Fishers Island Civic Association meeting and we were presented with a plan, a Master Plan for Fishers Island done by a private group that was funded by people from Fishers Island. They have been in' communications with Supervisor Murphy and we have been assured by Supervisor Murphy that no final action would be taken on Fishers Island as .far as the Master Plan is 'concerned until 'a public hearing is:held, and Supervisor Murphy said that he will try to come over for our November 24th Civic Association meeting which will be, we hope, a hearing on this Master Phan,:� and we hope we can get people over here from the Planning Board, perhaps someone from Dave Emilita's group, to sit in and hear the various concerns that the Island people have regarding RPPW's rendition of the Master Plan for Fishers Island. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ray. Jean? COUNCILWOMAN COCHRAN : Yes, on October 16th. myself, along with Councilman Stoutenburgh and several members of the Water Advisory Committee attended a conference, Long Island Groundwater - Today and Tomorrow, at the Plainview Holiday Inn. In addition to segments on drinking water quality in Suffolk, an overview of groundwater quality issues, turf grass fertilization and groundwater, and so on' and so forth, there- was a gentleman, Charles Shore, who is involved in community resource development for the Cooperative Extension for Dutchess County. He shared a program that Dutchess County is, involved in and it related _ to the educational process that *is necessary With the community in many of these programs to bring awareness. - They started this by getting the community involved by locating old dump sites and this was used to bring up the level of awareness within the community and it also-helped trigger a water resource protection program. Before they knew it the community was not only locating old dump sites, they were also locating inground storage areas. They -did a road salt survey and many, many things that relate to pollutants affecting the groundwater. In addition, Carol Schwick, her. name was, from the Long Island Regional Planning, demonstrated the use of the non-point source handbook. This is the publication that they,. to date, have eight chapters. done and .they have hopes--some of it's at the printers at this ' point--but they have hopes that it will be complete by the end of the year and from her demonstration, plus the material contained within this non-source hand- book, it was felt by all of us very strongly that it certainly would be an asset to all departments of our local government to have access to it when it comes off the printers line. Also in addition a meeting which--Paul you want to report on the STOP program? COUNCILMAN STOUTENBURGH: No, go ahead. COUNCILWOMAN COCHRAN: Okay. Also in addition we did'meet with some people from the DEC and Paul and myself as far as the STOP Program, and the STOP program is Stop Throwing Out Pollutants, and it's a program that's being done in many parts of New York State in relation to things that people have stored at home as far as old chemicals sitting in the barn or on a shelf somewhere and they do not want to throw it into the landfill. How do they dispose of these?: And I think Paul will agree, and he may have comment on this, that as 'we sat there you find out that things are not 'as simple as they first appear, that things get very, very involved. There's a great cost attached to this. You would have to use a firm that is professional and trained in this area as. far. as your collection stations if you set them up, and to set up a collection station with these professionals would run about $1500 a station. Every barrel or can that you filled up with these different pollutants-. would run between $150 and $200. Then they'd have to be transported to a particular site that was set up to handle this kind of thing. It could get very, very expensive,' but I think the end result of the meeting was that we were going to try to contact some of the different communities up state where it has been done throughout -New York State and, get more information as to how they handled it and what the whole process was, so it's a good program because we have many people in the community that are looking for a place to put these chemicals, but I think there's a great deal of home- work, we have yet to do on it before we can reach some kind of conclusion. I would also like to. say at the conference in'Plainview it was stressed, and it seemed that everything. that we're involved in when it 'comes to our water supply and pollutants relates a great deal to education of the community and if we did--(..think it behooves OCTOBER 23, 1984 one of the charges given to the Water Advisory Committee was to begin to develop an educational process to the community in relation to our water and our landfill, just everything that affects our water supply, and I think it's important' that the Water Committee begin to look at the educational process. 1. know Mr. Bear agrees very strongly that education's a big part of it, but I think we should get moving in that direction. .Thank you. SUPERVISOR MURPHY: Thank you, Jean. Paul? a COUNCILMAN STOUTENBURGH: I think what Jean has said is absolutely, right in the sense of public education and I happened to take part last week in 'a CROP walk which thisTown Board proclaimed the week of last week as CROP Walk. CROP is merely an organization of inter-7churches and school people- and people .in the community to walk and then have people support them with dollars for every kilometer they walked. When I heard this 'l thought this was like so many other things, an effort-would be put forth and a few people would come out and I was absolutely dumb-founded when I went to Mattituck because 1 walked this area, ten kilometers. And I venture. to say we had between 200. 'and 300. people. It was a mass of people walking down the Main'Road and traffic 'stopped to see this "group of people; and what I'm relating this'to is 'the type of education that is done by such an action such as this: Not only did' the kids understand what their program was because they had films before-hand, the community got involved and everybody had a good feeling about what they were doing and this is exactly what Jean is talking about as far as public involvement. If'we get involved in this program of STOP, which is throwing .pollutants out, when we get into this groundwater, we must get this 'community involved or this thing is not going to get off the ground, and the community is 'out there. and they're willing, but it needs a very large organizational background and I was just taken by the tremendous amount of people that were involved in this; so .education is 'the key to the whole thing and think we can do it. That's-.all I have to say, Frank. SUPERVISOR MURPHY: Thank you, Paul. Joe? COUNCILMAN TOWNSEND: I have a report on the Farmland Preservation Committee. They hope to complete the interviews of the applicants, those people that have sub- mitted appraisals of their farmland. The purpose of these interviews was to determine who is serious and who is *not. and they have been very pleased with the results so far. Most of the applicants -are serious and next week they will'assign parcels of property to the appraisers, two appraisers that they've hired, and they will go out and come up with what we..feel the development rights of this property are--;these properties are. So, by the next meeting perhaps we'll be under way on that project. Nobody has mentioned it :.yet, but. this 'week the Town ,Board has been involved in budget discussions: We've met at least three times to go over the department's proposed budgets and Supervisor's ..proposed budget. We're going to meet this afternoon to hopefully start wrapping up the budget. I took a trip to. the Landfill last week and I was glad to. see that a lot of the problems .we had with debris all over the place has been solved.. I was very impressed with the cleanliness of it. That's .about all I've been involved with in the last• couple weeks. COUNCILMAN STOUTENBURGH: Could I ask something? SUPERVISOR MURPHY: Sure. Thank you, Joseph. . COUNCILMAN STOUTENBURGH: Joe, how is the composting coming. I know there was a wet period that held that up and has that been able to---. COUNCILMAN TOWNSEND: I didn't get to talk to Rodney about it because he wasn't there when I was there,. but I looked over at the area and they've apparently done a fair amount because I saw a whole lot of composted area--composted material. The area that remained unworked for a year has totally been cleaned up. . I gather that they're improving the grade 'up there and preparing another pad for this;- is that correct, Frank?. COUNCILMAN STOUTENBURGH: Because I think that was the trouble, wasn't it, Ray, they had so much wet there and they were practically walking in a puddle of water up there. SUPERINTENDENT OF HIGHWAYS DEAN: There was a .time element and- circumstances of.help, machinery and stuff like that. Now it's just implementing the -job that'we have to do up there. COUNCILMAN TOWNSEND: Looks like you're putting a new grade on so you can drain it out and control the water that stays in this thing. COUNCILMAN STOUTENBURGH: Because I think the whole idea was we have a chipper and this whole thing and this we're hopefully going to utilize all this" material and I saw a big pile of it there. I was just wondering if it's being used. SUPERVISOR MURPHY: Jay? Last but not least. OCTOBER. 23, 1984 463 COUNCILMAN SCHONDEBARE: Last but::.q t ,least. The Police Committee met on October 12th and we're still working on the 'PBA contract. No details on this can be given out right now, but hopefully we'll .have a mutually agreeable contract between them and ourselves. Outside of that, just like Joe said, the budget, the budget, the budget. SUPERVISOR MURPHY: Thank you, Jay. I'll make a couple comments. The composting is coming along very well, Paul. He is being able to keep up with the leaves that are coming in and it's making his job much simpler. The material--the chips and all that we stockpiled this summer he is utilizinq and we had a machine in there to do an experiment with incorporating the paper into it and we're going to try to go a little further and it's .been recommended also to use--it's not a nice subject to talk about, but of the sewage pits, to use the bottom, the more solid material* instead of the water, the very liquid fluid for this 'carbon-nitrogen ratio when we use paper so we don't have .any odors and 1 think Rodney's getting a hand on it now and I think we are progressing. Wd.. .have probably in'the neighborhood of maybe 500 'yards stockpiled now 'so I'm., glad to see it go. STOP { would like to see money put in' the Budget this year to at least get this implemented. I attended a Newday conference the same day the Water Advisory Committee at Plainview, on child abuse. It was a very interesting conference and it's staggering and scares you the extent--you think of it 'just as sexual abuse, but it's much,. much more widespread and we're--I've asked Danny. (Chief Winters) and the Juvenile Aide Officers to come up with a program... Hopefully this 'spring we can have a program to make people more aware and to see what we could do because we're fooling our- . selves if we think it's .not happening around here. COUNCILMAN TOWNSEND: Frank, you and I attended a demonstration' of the beach machine. We didn't talk to the Town Board about it I don t think. Some outfit brought a machine that they use for cleaning the beaches. We've had people, especially in' the Gull Pond area, very concerned about' the condition of the beach and this one outfit was making & demonstration in' East Hampton and I guess--you heard about them or somebody and it looked like the machine worked, but we haven't talked about it yet to determine whether it's worth the investment or not. It was interesting. SUPERVISOR MURPHY: Mr. Dean made the arrangements- to get them there. Fishers Island plan, Ray, we have it in the works, it's well under. control. Like to announce .that :they are starting construction on Jockey Creek Bridge, and a subject that we're dealing in.the budget now and particularly the Police. Last night we had a major drug bust and I would like to publicly thank the Police Department for a job. extremely well done and the cooperation that we have. The 4 to 12 shift stayed over,--they were told to stay--na complaints, and with the assistance of the 12 to 8 shift they set up .a series of road blocks. The car was stopped, searched and quite a large amount of heroin. The people were brought before the judge while we were out to lunch and I assume they're in the .lock-up right now and 1'd like to publicly thank the Police Department for a job very well done and maybe the Town Board, when we start looking on Danny's request for additional funds, we'll .look into it. One of our big'expenses in'police work is the overtime and there was quite a bit iof overtime accumulated last night, but I think anybody would feel that this is certainly worthwhile and it takes money. That's the end of mine. We had a busy two weeks since the last meeting I'll tell you. was also part of that Water Advisory Study and then I had to leave from there to go to one other that same day. So it's been a busy two weeks. 11. PUBLIC NOTICES. , SUPERVISOR MURPHY: The first notice is Corps of Engineers, notice of an application by Bernard and Eleanor Monson to construct a bulkhead and pier assembly and maintenance dredge, Budd's Pond, Southold. Written comments by November 10th. I'd .like to comment at this time that all of these Public Notices are posted on the Town Clerk's Bulletin Board for your information. 2. New York State DEC Notice of Complete Application:by Tosca Holding Co., Anthony J. Scarmata, President, to construct a timber jetty in Orient Harbor, East Marion. Written comments by October 26th. 3. Corps of Engineers public notice on a reissuance of five nation-wide permits published in the Federal Register October 5th. 4. Corps oT�ngineers notice of an application Yy George Sweeny to maintenance_dredge at Haywater Cove,' Cutchogue. Written comments by November 11, 1984. -- 5. Corps of Engineers notice of, application by Peter T. Neyland to maintenance dredge Spring Pond, East Marion. Written comments by October 28th. 6. New York State DEC notice of establishing the STOP Program which the two Councilmen discussed. . The first meeting on this will be at 7:30 on October 23rd at the State Office Building in Hauppauge, Room 3A4. 7. Suffolk County Office for the Aging public hearing notice, 10:00 A.M. , October 24th, Smithtown Senior. Citizen Auditorium,. hearing on plans and programs for the coming year. We will have somebody from out Nutrition Program attend this hearing. 464 OCTOBER 23, 1984 8. New York State Department of Environmental Conservation, notice' of comment period extension on preliminary coastal erosion hazard maps. The term is extended to December 3.1st, 1984. 9. Suffolk County Council on Environmental Quality, determination of non- significance on the project to maintenance dredge and place spoil to the south of Mill Creek.. This is an extension of the existing one we had an existing permit to dredge-to do a little larger area over in front of, I believe, the Port of Egypt. Is that correct, Paul? COUNCILMAN STOUTENBURGH: Yes. SUPERVISOR MURPHY: Number 10. New York State Department of Environmental Conservation notice of complete application by Cove Beach Associates to subdivide a 69± acre parcel into 54 clustered residential building lots and .12 reserved areas to remain'undeveloped in East Marion. Written comments by November 9th. 111. ' COMMUNICATIONS. SUPERVISOR MURPHY: The first one is from the Supervisor Mike LoGrande from Islip: thanking the Town. We were the first ones to help in their effort fighting the legal battle on the Landfill Law. .2. :State of. New York, Department of Public'Service, a Utility Consumer Rights workshop, 9:30 A.M. to 12:30, October 31st. in Riverhead. 3. Cutchogue-New Suffolk Chamber .of Commerce fo Mr. Ray Dean thanking him for the wonderful job they did of.upgradino and replacing sidewalks in Cutchogue village. And I would like to thank Ray right now. We have, over the last• couple, three years or so we've made a tremendous Amprovement in upgrading -our sidewalks and our road system .in the Town and he's to be congratulated, even on his tight budget. He's .done a very good job and we found that it's probably cheaper to spend the money this way than the law 'suits of people falling. The insurance company we're paying out crazy claims everytime somebody would fall on the sidewalk. 4. From Mr. Herbert R. .Mandel with a petition by .29 property owners having waterfrontage on Gull Pond. SUPERVISOR MURPHY: Number IV we had our Public Hearings this morning. One was delayed - held over. We'll move on to item number V on your agenda which is Resolutions. •V. RESOLUTIONS. SUPERVISOR MURPHY: The first resolution is 'a transfer of funds. 1. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfers within'the General Fund Whole Town 1984 Budget: From; A8160. 4 Refuse 8 Garbage, Contractual Expenses----$11,680. 40 A8160. 1 Refuse 8 Garbage, Personal Services--------$15,537. 55 Into: A9950. 4 Transfer to Capital Account-----------------$27,217. 95 COUNCILMAN TOWNSEND: There's a note on my resolution here: This was reimburse! by Community Development Funds for the use of equipment and personnel at the .Landfill'Site during construction of the new plant .and roads. SUPERVISOR MURPHY: This •is 'to pay off the Bond Anticipation Note for .1984'. 1.-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 is 'another transfer of funds. 2. Moved by Justice Edwards, seconded. by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfer within the Federal Revenue Sharing 1984 Budget: From: CF9002..4 Waste Management--------------------------$31,623.18 Into: CF9901.9 Transfer to Capital Account----------------$31,623.18 JUSTICE EDWARDS: This is to provide budgeted monies to pay principal on Land- fill Building and Equipment Bond. Anticipation Note. The interest of $33,480. 00 will be an expense of Waste Management. SUPERVISOR MURPHY; Any questions? (No response.) 2.-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 3 is to support the purchase of a hydraulic dredge. OCTOBER 23, 1984 465 3. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record as supporting and urging the purchase of a hydraulic cutter head dredge by the Suffolk County Department of Public Works. 3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilman Stoutenburgh: I'm going to abstain' for this and I'd like to give a reason why. First off I believe that dredging is absolutely necessary in our Town for the maintenance of our creek channels, but I'm very concerned also that this will be an invitation for development of our creeks into harbors and I think this would ruin some of our very fine prime shellfish and finfish area, so 1 will abstain from this. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to establish a committee for handicapped evaluation. 4. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, WHEREAS, the Town Board of the Town of Southold must do a self-evaluation to look at its programs and policies to see if they are excluding handicapped persons from employment with the Town or from the benefits of Town services, and WHEREAS, this review is done locally and once the programs and policies have been reviewed, the Town identifies steps to remedy situations which might be excluding handicapped persons, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes a Self-Evaluation Committee consisting of ten (10)' members, who shall serve for a term. of one (1) year, to perform a self-evaluation of the Town of Southold programs -and policies. SUPERVISOR MURPHY: Any 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:" Number 5, we're going to hold until our next Town Board meeting. (Decision on the Relief Petition of Harold Reese and Frederick Reese.) Number 6 is a proposed change of zone. 6. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, WHEREAS, Daniel A.. Kaelin,� by petition dated July 26, •1984, petitioned the Town Board of the Town of Southold for a change of zone on certain property situated at Cutchogue, New York, from "A" Residential and Agricultural District to "B-1" General Business District, and WHEREAS, the said petition was referred to the Southold Town. Planning Board and Suffolk .County Department of Planning. for official recommendation and report, and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 9th day of October, .1984. at 8:10 P.M. , at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED. that Daniel A. Kaelin' be and hereby is Granted the relief demanded in said petition for a Change of Zone from "A" Residential and Agricultural District to "13-1''' General Business District on all' -that plot, piece or parcel of land, situate, lying and being at Cutchogue, Town. of Southold, County of Suffolk and State of . New York,. and more particularly bounded and described as follows: BEGINNING at a point on the west side of Cox's .Lane, distant 200.04 feet northerly from the intersection of the West side of Cox's .Lane with the North side-of Main State Road (Route 25), and from said'point of beginning running thence South 460 10' 10" West 87.53 feet to land now or formerly of Miesner; running thence along said land now or formerly of Miesner, North 420 35'� 20" West 149.56 feet to land now or formerly of L. Glover; running thence along said land now or formerly of L. Glover North 510 .09' 40" East 87.70 'feet to the westerly side of Cox's Lane; running thence along the westerly side of Cox's .Lane South 420 35' 20" East 141. 92 feet to the point or place of BEGINNING. SUPERVISOR MURPHY: Any questions? (No response.) 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: Number 7 is an. authorization to sell a bond anticipation note in the maximum amount of $19,500. 00 for the purchase of computer hardware for the Police and the Highway Department. 1 offer that resolution. 4 66 OCTOBER 23, 1984 7. Moved by Supervisor Murphy, seconded by Councilman Townsend, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 2331984, AUTHORIZING THE ACQUISITION OF COMPUTER HARDWARE FOR VARIOUS TOWN DEPARTMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $19 ,,�00, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $19,500 SERIAL BONDS OF SAID TOWN . TO FINANCE SAID .APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town" ) , is hereby authorized to acquire computer hardware for various Town departments. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $19,5-,00 and said amount is hereby g appropriated therefor.. The plan of financing includes the issuance of $19, 500 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2 . Serial bonds of the Town in the principal amount of $19 5 00, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33- a of the Consolidated Laws of the State of New York (herein called "Law".) to finance said appropriation. Section 3 . The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said class of objects or purposes for which said $19,500 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11. 00 a. 81 . (a) of the Law, is ten (10) years, but the purposed maturity of said serial bonds or bond anticipation notes issued in anticipation thereof shall not OCTOBER 23, 1984 467 exceed five (5) years from the,..o,r.i..ginal issuance of obligations. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107. 00 d. 4 of the Law. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52 . 00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall .be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5 . Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30. 00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56. 00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as .to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this 0 resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or 468 OCTOBER 23, 1984 (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, ' suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk of the Town, is hereby authorized and directed_ to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by §81. 00 of the Law in "THE LONG ISLAND TRAVELER- MATTITUCK WATCHMAN, " a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES, " a newspaper- published in Greenport, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. COUNCILMAN SCHONDEBARE: With the proviso cif our.,agreement during the Work Session that it 'will be included in both of the Department's- budgets. SUPERVISOR MURPHY: It's already in: COUNCILMAN SC'HONDEBARE: And the police. And a line item in each one, please. SUPERVISOR MURPHY: . It's .already there. COUNCILMAN SCHONDEBARE: Okay. 7.-Vote of the Town Board: Ayes: Councilwoman Cochran: I would like to make a comment before I vote. The Fast time this came before the Board I abstained from voting because I felt that it involved--it related to the Police Department. I've given this a great deal of thought and consideraiton and I have made the decision that anything that comes before the Town Board I will exercise my right as far as a resolution is concerned if it_relates to the everyday running and the operational part-of the Town to help the Town function in a more efficient manner. Therefore, on this particular item, I am going to. vote yes. Ayes: Councilman Schondebare: Well, I'll .say yes to it also. The last time I. voted against it; but we've all agreed that we're going to pay for it next year, and I go on record again that I don't like bonding for less than $20,000. 00. SUPERVISOR MURPHY: $40,000.00. COUNCILWOMAN COCHRAN: We decided on $40,.000.00, right. Vote of the Town Board (Continued) : ..Ayes: Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is transfer of funds. . 8. Moved by Councilman Schondebare, 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: B599 -. Unexpended Balancer----------------------- I nto: B8020.4 - Planning, Contractual Expenses ----------$8,000. 00 8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murp This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is to accept a perform-arwe bond. OCTOBER 23, _1984 469 9. Moved by Justice Edwards, seconded- by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Performance Bond in the amount of $125,:000.•00 for roads and improvements in the subdivision _known as "Sebastians Cove, Section II", said amount approved on May 25, 1984 by this •Board, and by the Planning Board and Engineer Lawrence M. Tuthill. SUPERVISOR MURPHY: Any questions? (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 appoint the Laurel School Attendance Officer. 10.'. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Paul N. Buscemi, Interm Superintendent of.the Laurel School, to replace Lucius Ware as the Attendance Officer for said' school, subject to the written approval of the District Superintendent of Schools, and be it further RESOLVED that the compensation for Mr. Buscemi shall be fixed at $5. 00 per hour, when. working in the capacity of. Attendance Officer, he to pay any other expenses involved, and be it further RESOLVED that the Town Clerk be and she hereby is instructed to notify Mr. Buscemi and the District Superintendent of Schools of the appointment. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Question. Who does the Attendance Officer report to? SUPERVISOR MURPHY: I believe in a common school district to the Supervisor. COUNCILMAN SCHONDEBARE: Town Superv.-isor.. SUPERVISOR MURPHY: The Town Supervisor is responsible. COUNCILMAN SCHONDEBARE: And does he send in a voucher that we okay in order for him' to get his 'payments for the $5'..'00." SUPERVISOR MURPHY: Yes, but they've never had use of them. It's the old common. school law that you have to have this. •10.7-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 11 is 'a trailer permit renewal. •11. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the application of the First Baptist Church of Cutchogue for renewal of their single family house trailer permit, which expired on October 14, 1984, for trailer located on the north,side of Middle Road (County Route 48) , Cutchogue,. New York,: be and hereby is r� anted for a six' (6) month period. 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- execute an agreement between the Town and .the.Greenport.,-Housing Alliance. 12. Moved by Councilman Townsend,. seconded by Councilman Stoutenburgh, WHEREAS, the Town of Southold is in• receipt of Community Development. Block Grant funds designated for the use in the rehabilitation of substandard low, and moderate income dewellings within' the Town limits, and WHEREAS, the Town of Southold hasi committed itself to assist in'the rehabilitation of certain•of its recidents homes, and WHEREAS, the Greenport Housing Alliance is 'a not-for-profit corporation organized and in•operation for the purpose of insuring the provision of safe, decent and affodable housing for. Town residents,, now; therefore, be it RESOLVED that the Town Board of the Town of SOuthold hereby designates the Greenport Housing Alliance to administer the Southold Town Community Development Housing Programs for Year X and XI, as approved by the Suffolk County Community Development Program, and be it•further 470 OCTOBER 23, 1984 RESOLVED that in•' compensation for the administration of the programs the Greenport Housing Alliance shall be entitled to utilize fourteen (14) percent of the total funds available to defray the costs of administration of the Programs, and be it further RESOLVED that Supervisor Francis 'J. Murphy be and he hereby'is authorized and directed -to execute an agreement between the Town of Southold and the Greenport Housing Alliance for the administration of the Southold Town Community Development, Housing Programs for Year X and XI. COUNCILMAN TOWNSEND: They have administered our past programs in this area, except for the first year. 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 commingling of funds on the Farmland Preservation. 13. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of. the Town of Southold hereby authorizes the $87,500'.'00 proceeds from the Capital Note for the Acquisition of Development Rights to be commingled with the $1,662,500.00 proceeds from the Serial Bonds for the Acquisition of Development Rights. COUNCILMAN STOUTENBURGH:. That means putting them together, isn't that it, Frank? SUPERVISOR' MURPHY: Yes, it's .to invest in order to get a better interest rate you have to have over a hundred. thousand dollars in a bond in a CD, so this was $87,500.00. 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: The next is to accept the dedication of Greton Court. 14. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, WHEREAS, Peconic Homes:Corp. . has made application to the Town Board of the Town of Southold to dedicate a certain road and drainage area in Mattituck, New York,. to be known as "GRETON COURT -and DRAINAGE AREA" as shown on subk- ivision map entitled, "Map of Greton Estates," filed in ,the Suffolk County Clerk's Office on September •20; 1976 as Map. No. 6447, together with release executed by the owner thereof, and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highway and advised the Town Board'Ahat said proposed highway complies in all respects with the specifications for- the dedication of highways in the Town of Southold, now, therefore, be it RESOLVED that 'in',accordance with Section .171 of the Highway Law• of the State of New York,. consent be and the same is hereby given to the Superintendent of Highways to make_ an order laying out the aforesaid highway, to consist of lands described in said application as shown,on certain maps attached to said application, and, be it'further RESOLVED that the Town Clerk be and she hereby is 'authorized and directed to forthwith cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. " SUPERVISOR MURPHY: Any questions? (No response.) 14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murph This 'resolution was declared duly, ADOPTED. SUPERVISOR MURPHY: Number 15 is use of Town roads for a Halloween parade. .15. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold P.T.A. to use Town Roads for staging and line of march for their Halloween Parade to be held at 4: 15 P.M. , Wednesday, October 31, •1984, provided they secure the necessary insurance to hold the Town of Southold harmless. 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 'to authorize' a bus trip for the Southold- Peconic senior club. OCTOBER 23, 1984 471 .16. Moved by Councilman Schondebare, seconded by' `Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes The Seniors Club of Southold-Peconic, Inc. to engage one bus, at a cost of $250.00 to the Town of Southold, the .remainder of their allotment, (the Club to pay the balance of $225.100) , to transport their •group to Gerney's Inn on Friday, October •19, •1984. SUPERVISOR MURPHY: Any 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 'to appoint part-time. Gate Attendants at the Landfill. 17. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Percy Wilson as a part-time Gate Attendant at the Southold Town Landfill Site, effective August 2, 1984, at a salary of $5. 00 per hour, .AND Kenneth White as a part-time Gate Attendant at the' Southold Town Landfill Site, effective September 11, 1984, at a salary of $5.:00 per hour. SUPERVISOR MURPHY: Any questions? COUNCILMAN STOUTENBURGH: I'd like to know--we had a list of twenty-five people, what happened to that, Ray? SUPERVISOR MURPHY: I assume they probably went through it. SUPERINTENDENT OF HIGHWAYS DEAN: ,They fall off and then we get down to maybe seven or eight. Now if somebody comes in and wants to put their name in, they're just putting their'name in: COUNCILMAN STOUTENBURGH: Oh, this 'isn't to hire? SUPERINTENDENT OF HIGHWAYS DEAN: No, no, this 'is somebody we can call if we need somebody. SUPERVISOR MURPHY: Some people have tried it and don't want to come back to work. COUNCILMAN STOUTENBURGH: Okay, because I thought we had a huge long list of them. SUPERINTENDENT OF HIGHWAYS DEAN: - No, .we'll pick up names, if anybody wants to put their name in, put it.'in'and then if 'they fall off then we have somebody to draw from. COUNCILMAN STOUTENBURGH: . No problem. SUPERVISOR MURPHY: 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 .1s'to appoint a. part-time'clerk. 18. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town. Board .of.the Town of Southold hereby appoints Viola M. Zeiss as a part-time Clerk in' the Office of the Receiver of Taxes, to replace former part-time Clerk Georgia Rudder, at a salary of $5.00 per hour. 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 'a resolution supporting the Suffolk County Legal Aid Society. 19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it.•was RESOLVED that the Town Board of the Town of Southold hereby goes on record in support of Suffolk County funding for the Legal- Aid'Society of Suffolk County, N.Y., and hereby sends a message to the Suffolk County Legislature urging them to vote for a resolution designating the Legal Aid•Society of Suffolk County, Inc. as the recipient of funds in the .1985• Suffolk County Budget for the defense of the indigent of Suffolk County. _ 472 bCTOBER 23, 1984 SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Yes, -I'm going to abstain on ,this one because don't think I have any knowledge as to what's going on between the Legal Aid Society and the County of Suffolk. 19.-Vote of the Town Board: Ayes: Councilwoman Cochran; Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Councilman Schondebare, Council- man Townsend: As far as 1 understand the nature of the problem it's a managerial one and I really don't have the details either so--even though I recognize Legal Aid has performed very valuable service I'm going to abstain'.on this also. . This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is Lead Agency. 20. 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 petition of Elizabeth J. Homan fora Change of Zone from "A" Residential and Agricultural District to " Light Industrial District on certain property located on the southerly side of Main Road (State Route 25)', 415.42 feet east of Stillwater Avenue, Cutchogue, New York.. SUPERVISOR MURPHY: Any questions on it? (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. SUPERVISOR MURPHY: Now Number 21 is 'to transmit this petition to the Planning Board. 21. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, WHEREAS, a petition was received from Elizabeth J. Homan for a Change of Zone on certain property located on the southerly side of Main Road (State Route 25), 415.42 feet east of Stillwater Avenue, Cutchogue, New York, from "A" Residential and Agricultural District to ,"C" Light Industrial District, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she .hereby is directed to transmit 'this petition to the Southold Town Planning Board in accord- . ance with Article XV, Section -100-.1:50(13) of the Code of the Town of Southold, and the Suffolk County Department of Planning, in' accordance with. the Suffolk County Charter, requesting their recommendations relative to said petition. SUPERVISOR MURPHY: Any questions? (No response.) 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 execute an .agreement between St. Agnes Church and the Town of Southold. 22. Moved by Councilman Schondebare, seconded by Councilman Townsend, 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 St. Agnes Church and the Town of Southold for the use of St. Agnes Parish Hall , located at the northwest corner of Wiggins Street and Sixth Street, in the Village of Greenport, for the purpose of conducting a nutrition program and day care center for senior. citizens, for a three (3) year period commencing November 1, •1984, at a total rental of $39,600. 00, to be paid in monthly installments of $1,100. 00 per month. 22.=Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphl This resolution was declared duly 'ADOPTED. SUPERVISOR MURPHY: Number 23 is to execute an agreement with the County of Suffolk for the Senior Adult Care Program. 23. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis 'J.' Murphy to execute an agreement between the Suffolk County Office for the Aging and the Town of Southold for the Senior Adult Care Program at the Southold Town Nutrition Center, St. Agnes Parish Hall; Greenport, New. York, all in accordance with the form of contract approved by. the Town Attorney, and be it further RESOLVED that such Program will.entail 'necessary alterations to the stage area. within St. .Agnes Parish Hall. O aOBER 23, 1984 473 SUPERVISOR MURPHY: Any questions?.,•,;`(No response.) 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: Number 24 is 'a transfer of funds. 24. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was (a) RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $40U.00 from 13801'.0.4, Board of Appeals Contractual, into B8010. 1 Board of Appeals Personal Services, within'the 1984 General Fund Part Town Budget. 24.-Vote of the Town Board: 'Ayes: Councilwoman Cochran, Councilman Schondebare, (a) Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 24. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was (b) RESOLVED that the Town Board of the Town of Southold hereby extends the employment of part-time Clerk Typist for the Board of Appeals - Linda Taplin to December 31, •1984, 15 hours per. week, $5.•00 per hour. 24.-Vote of the Town Board: . Ayes: Councilwoman Cochran, Councilman Schondebare, (b) Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of our prepared agenda and added-to agenda, and is there anyone on the Town Board would like to make any further comments at this time? Jay? COUNCILMAN SCHONDEBARE: I received--this is 'in reference to the North Fork Environmental Council-=1 :received a summary of the hamlet meetings. I also received sometime back a complete transcript of the hamlet meeting in Orient. Is this summary going to take the place instead of. the complete transcript of the other hamlet meetings or are those other hamlet meeting transcripts still in' the works.? MRS. RUTH OLIVA, President, North Fork Environmental Council: They're just about read, because I had to give it to the person who made the synopsis. They'll all be available. COUNCILMAN SCHONDEBARE: When are they coming out? r MRS.. OLIVA: Bring them down tomorrow.. COUNCILMAN SCHONDEBAER: Are they all done? On all the other hamlets? MRS. OLIVA: Yes. SUPERVISOR MURPHY: Joe? COUNCILMAN TOWNSEND: Along the same line, we received--1 . guess -it came in the mail yesterday--a, copy of a letter from John Bredemeyer regarding his report on the Long Creek drainage coliform problem. -Are we going to discuss this? I think it's .quite well done. Are you going to bring that up in committee? SUPERVISOR MURPHY: Sure. Paul? COUNCILMAN STOUTENBURGH: Nothing. SUPERVISOR- MURPHY: Jean? COUNCILWOMAN COCHRAN: Nothing. SUPERVISOR MURPHY: Ray, JUSTICE EDWARDS: , A. couple of other little items. This morning on my flight over from Fishers Island--early flight I might add--I had three high school girls come over- with me to get their driver's license. Of course you realize now every- one has to appear in person .to get a picture taken. It's very difficult for us on Fishers Island because they will .not bring the computer, nor the camera over to the Island, so I had three girls. come over here and with the kindness of Chris ' Hogan they had a tour of the Town Hall, they also had a tour of the Police Station and the lock-up before they flew back to Fishers Island and were back on the Island at 11 o'clock. This is 'a little problem that the people of Fishers Island have to contend with, but 'Supervisor .Murphy is working with the Commissioner of Motor Vehicles trying to .figure out some way that this problem can be resolved. It's a long way to the motor vehicle offices .from Fishers Island. And secondly, in' Resolution number 3 that Paul Stoutenburgh spoke of, I too agree with him,. 474 OCTOBER 23, 1984 having a dredge to dredge out the creeks is not right, but the County does need a new dredge, I'm. all for it, we need it 'on Fishers Island, and I think we can be right on top of this with the dredging applications, the Trustees and the Town Board to prevent them from coming any further inland than they necessarily have to do. So I'm very glad to see that the County is going out for a new dredge. Thank you,. Frank. SUPERVISOR MURPHY: Thank you. I would say I wish they were going for a dredge. This is just one Legislator's .battle with the others. to try to get it put into the budget. This has been done before. Again' [ don't really have much hope for it, but maybe it really isn't even needed. At- this time I'd like to ask anyone in the audience if they would like to comment to the Town Board? Anyone over here on the left? Middle? Right? Sir? MR. HARRY FARRELL, 202'. Gull Pond Lane, Greenport: I've lived there for the past seventeen years. I'd like. to address my remarks. to part of the agenda under Communications, which has to do with the off-shore stake, permits tying into the Town-owned bulkhead at Gull Pond. I'd like to go back to a meeting of June .1980 when a gentleman by the name of Richard Cron was the Town Attorney acting in the absence of the appointed Town Attorney Robert Tasker. - I'd like to just quote from this letter. He mentions--by .the way, the Town Board had asked for a legal opinion on this matter, and he stated. that "a valid lease was entered into between the Town of Southold and the Conservation Commissioner of the State of New York, dasted September 24th, 1965. It was for an initial term of thirty years. This lease appears to be in full force and effect," this was in'•1980 that he's talking about. "The Town Board, by. resolution at a meeting on March .11th, .1980, granted to the Town Trustees the right to issue mooring permits in the Gull Pond inlet with the right of the permittee to secure such boat by a line attached to the bulk- head in such manner as the Trustees shall direct. With such permission being limited to the southerly one half of the, bulkhead. The question to be resolved is, do the Town Trustees have the right to grant permits, they certainly have the right to grant permits, but do they have the right to grant. permits which would permit 'the permittee to tie 'a boat to the Town owned bulkhead. It was and is 'my opinion that the Town Trustees do not possess the power to grant permits to tie a boat to the Town bulkhead. . Firstly, in permitting a line to be tied to the bulk- head the terms of the lease dated 1965 would .be violated, and secondly, it creates a marina by the action of the Trustees who are not vested'with such a power to do so. When permits are granted to tie in the bulkhead we believe a marina is created as it is defined in the Southold Town Zoninq Ordinance." He aoes on to say, Finally we conclude that the power of the Town Board to regulate the . docking of boats, including the establishment of docking zones with time limitations and the fixing of fees, if any, are legislative functions of a municipal legislative body which cannot lawfully .be delegated to the Town Trustees. There is no question that the .Town Trustees have the power and authority to grant mooring stake permits. . For. the reasons set forth above we do not believe that such permits can. be lawfully extended by the Trustees to allow tying of boats to the Town-owned leased bulkhead." And just a final note, we have many arguments against this, but we are all pleased at the statements eminating from the Board about home rule. from time to time, and we too believe in home rule. This is 'a prime example of listening to the wishes of the people living in a specific 'area. We could have had many people .. come down to this meeting, those folks who signed ,the hundred vote or the hundred people petition and then lately the twenty-nine person petition, but we feel that the two stated arguments would suffice to clear the air'as far as our thoughts are concerned. Thank you very much. SUPERVISOR MURPHY: Thank you, sir. Is there anyone else over here would like to comment? (No response.) If not 1 would entertain'a motion to adjourn. J Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that this Town. Board meeting be and hereby is adjourned at 4:06 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murpl� This resolution was declared duly ADOPTED. WORK SESSION 4: 15 P.M. to 8:00 P.M. the Town Board reviewed the 1985 Tentative Budget. �udith T. Terry �— Southold Town Clerk