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HomeMy WebLinkAboutTB-05/21/1985 280 SOUTHOLD TOWN BOARD MAY 21, 1985 WORK SESSION. 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. 9:30 A.M. - Hearing pursuant to, Chapter 90 of the Code of the Town of Southold, Unsafe Buildings - Adelaide Barr. Frank A. Isler, Attorney representing the Town asked for a recess of this hearing until the next regular meeting (June 4th) . Work has been done on the property and they want to be assured it 'has been done properly. 9:45 A.M. - Items for Discussion: VI(la&ib)-Town Attorney Tasker advised the Board that the Town should. continue to make payments to the Suffolk County Municipal Employees Benefit Fund until the expiration of the contract on December 31, 1985:7 Vl (2)-Suggested regulations concerning Berms to be studied by the Code Committee.-- V1(3)-Letter from RPPW suggesting the remaining' $2-, 160 for their services be used on a per diem basis for follow-up on`consultations to the Planning Board, Water Advisory Committee or. Town Board on zoning, housing or other planning matters related to the Master Plan implementation, rather than on preparation of a capital improvement program as stated in the agreement. The Board, agreed to. this 'suggestion.--VI (4)-The Board engaged in considerable discussion relative to the number of "For Sale" signs appearing on properties in'the Town, and concluded that the law specifically allows one 11For ' sign under the Zoning Ordinance and the Ordinance should be enforced and Town should begin' removing the signs which ave been illegally placed on properties.- VI(5) -Letter from CSEA President John Raynor reqesting the Town Board to declare May 27th as the official Memorial Day Observance rather than May 30th as specified in the ontract. The Board agreed. (See Resolution No. 20.)--V.l(6)-The Board discussed the memorandum from Szepatowski Associates concerning Environmental Impact Statement Review Fee.. The memorandum 'suggests amendments to Chapter 44 of the Code which will be reviewed by the Code Committee.--VI (7)-Memorandum from the Board of Appeals recommending refund of filing fee to Gary Doroski for an Appeal which was not processed. The Board agreed (see Resolution No. 21) . 10: 15 A.M. - Superintendent of Highways Dean and Sanitation Supervisor Rodney Douglass met with the Board to discuss the need to replace the Fiat Allis 'Payloader at the Landfill'which is in need of major repairs. I he cost for a new machine would e approximately' $140,000 to $1,80,00.0, although Mr. Dean feels a good used machine would only cost between $80,000 and $95,000 and the Board asked Mr. Dean to look into this possibility.--Mr. Douglass recommended to the Board the purchase of a Wood Waste Tub .Grinder which was on exhibit 'at the expo in Washington, D.C. he'-attended with Supervisor Murphy and Superintendent Dean who were also impressed with the capability of the tub grinder. . The cost for such a machine would be between $1.00,000 and $120,'000, of which $43,'000 is set aside in Community Development, necessitating a bond anticipation note of about $80,00.0 to finance the balance. Further investigation into the feasibility of such a machine will be conducted in the near future, specifications obtained, and there will be further discussion with the Board.--Councilman Townsen spoke about a meeting he had with sanitation carters, concerning paper separation. The carters were not enthusiastic about the idea, but would go along if it is mandat and there would be the possibility -of booths located throughout the Town for. voluntary collection. 10:55 A.M. - Police Chief H. Daniel Winters met w-tth the Board to request their adoption of the revised Rules and Regulations.--Patrolman John Clark, President of the PBA addressed the Board stating he had just received a copy of the Rules and R:egulatioris the previous Saturday and requested time to confer with the PBA members and :seek the opinion of their counsel before. adoption of same. Although Chief Winters urged the immediate adoption, Mr. Clark was asked to submit any objections by Tuesday, May 28th, after which the Police Committee would review the objections and submit their suggestions to the Town Board for the June 4th meeting.--Patrolman Martin Flatley and Sergeant Edward Sidor concurred with Mr. Clark's request for a delay in adopting the Rules and Regulations. MAY 21, 1985 281 12: 15 P.M. - Councilwoman Cochran submitted a- memorandum from Anthony Leone and Walter J. Krupski, Jr., members of the Housing Advisory Committee, concerning the goals and objectives -, affordable housing, which memorandum contained a list of questions for a questionnaire to be circulated throughout the Town. This questionnaire is being made computer-ready and is almost ready to go. 12:20 P.M. - Councilman Schondebare questioned the method of constructin' the information booth at the entrance to the .Town. He had been told that 'Architect Garret Strang was working on the project and now finds this 'not true.--Community Development Director Jim McMahon explained that there is 'no architect, the building is 'to be a prefabricated modular and Tim' Rumph drew the diagram for the floor layout. Stripped and delivered the the site the cost would be $1-5,'000. The concern of most of the Board members is 'that the building is 'in keeping with the historic character of Southold I own and presents a favorable impression upon entering Soutrioid Town. Councilman Schondebare expressed his 'concern that the project had gone so far ahead without the Board being given the opportunity for input. He further stated he would like frequent reports from the Community Development Office, as well as a vote on all expenditures and allocations concerning same..(see Resolution No. 22). 12:40 P.M. - Recess for lunch. 2:30 P.M. - Work Session reconvened and the Board further reviewe off-agenda items. 2:40 P.M. - The Board met with Nicholas Aliano, owner of the Beachcomber Resort Motel and Restaurant, Cutchogue, concerning the parking restrictions at the foot of Duck Pond Road beside his motel. Mr. Aliano would like the Board to enact a no-parking restriction on either side of Duck Pond Road twenty-four hours a day during the summer season. because the noise from teenagers, fishermen who are mostly non-residents disturb his 'guests. Mr. Aliano explained that to protect his 'complex he has purchased additional property to the east and. south of him. It was pointed out that presently there is 'a no-parking restriction on both; sidessof Duck Pond Road from 10 PM to T AM from. the guardrail 'at the southerly- termins northerly for a distance of 100 feet, as well as a limit of two hour parking in' the same area from 7 AM to 10 PM. Mr. Aliano said this 'is 'not satisfactory. First of all the 10 PM to 7 AM is not*.enforced, nor is 'the two hour limitation. Cars park and remain'there all day long blocking the entrance to the beach. The Board members did' not agree that there should be a permanent no-parking' restriction as requested, but did agree to propose enactment of the following restrictions: No-parking on the easterly side of Duck Pond Road from 10 PM to 10 AM and two hour parking from 10 AM to 10 PM; No-Parking on the westerly side of the road from 10 ,PM to 7 AM and 2 hours from 7 AM to 10 PM. Town Attorney Tasker will'draft a Local Law for the Board's .consideration at their 'June 4tr- meeting. 2:50 P.M. - Supervisor Murphy left the meeting to attend the graduation ceremonies at Suffolk Community College and Councilman Townsend chaired the remainder of the Work Session. 3:00. P.M. - The Board began reviewing the proposed resolutions for the Regular 1:30 P.M. Meeting. 3:20 P.M. -. Town Justice William H. Price Jr. met with the Board to request the purchase of a new carpet for his Town Hall office. 3:25 P.M. - The Board resumed reviewing proposed resolutions and then met with Executive Administrator Lessard who advised the Board that the Sepenoski temporary trailer permit appears to be in violation. A. modular has been put on the rear portion of the property with septic and water installations with out obtaining setoff or building permits. Mr. Lessard was instructed to take the necessary action to bring Mr. Sepenoski into compliance. 4: 15 P.M. - Work Session adjourned. 282 MAY 21, 1985 REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, May 21, 1985 at the Southold Town Hall!, Main Road, Southold,. New York. Supervisor Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Councilman Joseph L. -fownsend, 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 to .welcome everyone here. The first order of business Pd .like a resolution approving the audit of the bills of May 21st,. 1985. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the following audited bills be. and hereby are ordered paid: Fishers Island Ferry District bills in the amount of $120,066. 90; Southold Waste- water Treatment Plant bills in'the amount of $1.17,510.25. 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: Pd like a resolution approving the minutes of the May 7th, .1985 Regular Meeting. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the minutes of the May 7, 1985 Regular Southold Town Board meetint 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 now a resolution to set the next meeting date for June 4th, :1985, 1:30, Southold Town Hall. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, June 4, 1985, 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. 1. REPORTS. SUPERVISOR MURPHY: There are nine reports on file under our first order of business, the first item on the agenda. These are all on file in' the Town Clerk's Office for anyone who would like to read them. 1. Southold Town Dog Shelter Report - March and April 1985. 2. Highway fund report - April '1985. 3. Supervisor's monthly budget report - April '1985. 4. -Fishers Island Ferry District monthly report - April 1985. 5. Town Justice Tedeschi monthly report - April '1985. 6. Town Justice Price monthly report - April '1985'. 7. Town Justice Edwards monthly report - April 1985. 8. Police Department's monthly report - April 1985. 9. H.U.D. Community Development Fund report - April 1985. 10. Councilmen's monthly reports starting on my right with Jay. COUNCILMAN SCHONDEBARE: -The Code Committee is 'going to meet tomorrow night. just want to remind everybody about that. There. are a number of things on the agenda and the list keeps getting longer and Ionger. The Commerce and Industry Committee met on May 15, 1985. Their concerns basically is the booth at the entrance to the Town; what's it going to look like, who's in charge of it,' etcetera. This is MAY 21, 1985 283 something that we discussed during-the-Work Session. Also I think I finally got an idea of what it 'is that they wish as`far `as the Economic `Impact of the Master Plan, which is what they talked about in'the past. I: think basically what they're looking for is 'an Economic 'Impact from each of the Boards, whether it's Zoning, Planning or the Town, whenever those Boards entertain'any application or project that the Board should address as one of the elements to the project the economic significants of that project. Whether economics is the tax base or economics is the revenue into the Town derived from the project or does economics mean the police that's .going to cost and the added services that's .going to cost the Town to the project is 'a good question. . They assured me they're going to have some written proposals to me as to what their 'meaning is 'at which time I'll .make them all available to everyone on' the Town, Board. SUPERVISOR MURPHY: Thank you, Jay. Joe? COUNCILMAN TOWNSEND: We've scheduled a meeting--we tried, but we couldn't find the time in the last two weeks to meet on the dogs, the contract between Greenport and the Town, so tomorrow at noon we're going to meet.with three representatives from the Village and the Animal Welfare League at the Village Hall to see if we can bang out an agreement. l don't know how easy it's going to be. I've heard two totally different sides of the particular issue. I met with a couple of the carters again following up the meeting on. recycling paper. It turns out it could be quite an. expensive proposition. We have several other projects that may help us in'the elimination of paper. We may get involved in some sort of incineration in the near future and to buy all the equipment necessary 1 think at this point would be premature, so I think we'll put that on hold and continue to recycle at the Landfill: Perhaps we can put some collection booths around Town for other people for voluntary collection, but at this 'point I think having the carters do .it would be a little too complicated. . The whole Town Board met last Thursday reviewing the Master Plan. think we spent about two and a half to three hours, but was a productive session and we got through all the definitions and now we're going to go into the zones. We were expecting to get those overlays prior to that--are those ready yet? SUPERVISOR MURPHY: . No idea if they'll .be ready. We'll _check. COUNCILMAN TOWNSEND : That's all I have, Frank. SUPERVISOR MURPHY: Thank you. Paull. COUNCILMAN STOUTENBURGH : Yes, I neglected to report on a meeting I attended on May 6th, so I thought I ought to bring it 'in here. I attended a Hard Clam Management meeting, Suffolk County in Hauppauge and it was a general get-together of a.11 the representatives from the various towns, including one representative from the Baymen's Association from each of the towns. This Marine Science folder was handed out and was drawn up by the Management people at Stony Brook and it was given to each member and I have it here. if anyone would like to go over it 'for their input• and hopefully they're trying to get a Management Program for the hard. clam industry in Suffolk County and thorugh this.'proposal, which was drawn up, and the .. input from the Baymen and the representatives from each town, at their next meeting on June loth they'll put this 'together and come up with a solid proposal for managing, hopefully, this.'very important industry in Suffolk County. And that's all I'd like to report on. I will be attending that June 1Oth meeting. SUPERVISOR MURPHY: . Thank you. Jean? COWNCILWOMAN COCHRAN : Yes, I'd .like to report that the Housing Advisory Committee met on May 16th. They finally have pretty much finalized the questionnaire that will be going out to the community. It's .now being made computer-ready so that when it's .returned they, can just zip' it into the computer and have .the tally of the information. It's going to be disbursed to many of the business in the community. It's going to be put through the schools, not only to the staff, but also to Grades 3 through 5, that it will reach some of our young parents in the community. It will be put through the senior groups and there are many other additional groups it will be put through. As soon as it comes back we hope to have that done within the next several weeks and then as soon as it comes back it w.ill' be several weeks before we have the data and then the Committee will '-they've already discussed different options. 'and different solutions to modest income housing and it will' be a matter of analyzing the data and recommending to the Town Board what most fits our. community. ' I would also like to share with you that--I think it 'was on May llth I had the opportunity, through some encouragement of fellow Councilmen, to run in'the HUGS Run in Mattituck. . Now, I want you know that I placed third--. there's .my trophy--for the women in*the classification of women 50 years and older. also have to tell you that there were only three of us in that age group. SUPERVISOR MURPHY: You didn't have to tell us. COUNCILWOMAN COCHRAN : Yes, you do. 2 8 4 MAY 212 1985 COUNCILMAN SCHONDEBARE: 1 wasn't going to say a word, Jean. COUNCILWOMAN COCHRAN : . Now, the important thing about this is the fact that you supported it and at may age I'm no longer a jogger, 11m. a fast walker and it was fun and it was nice to be able to support the young people in the community because this 'is a worthwhile program. I'd also like to thank my coaches, Coach Townsend and Coach Schondebare for their encouragement. That's it, Frank. COUNCILMAN TOWNSEND: . That's not what you said then, Jean. SUPERVISOR MURPHY: I notice they didn't offer to help carry you over the line. COUNCILWOMAN COCHRAN : They didn't, they made me do it all by myself. SUPERVISOR MURPHY: Ray, do you have anything? JUSTICE EDWARDS: Regarding the new ferryboat, the last report came up from Panama City, Florida. The boat is in the water. It has had its sea trials and they're working on the acceptance of the boat now and I would imagine that before the next Board meeting on June 4th, I think it will 'even be under way or on the Island if everything goes according to plan. There has been no word yet as to who's going to deliver it: I'm still' hoping that I. can be aboard coming up from Florida with it. Fishers Island Civic Association is meeting next Saturday on Fishers Island and we hope as many people from the Town Board as possible can get over there. . l -:know Mr. Murphy and Mr. Orlowski are coming over to present a portion of the Master Plan to the people of the Island and they're anxiously awaiting the arrival of part of the Town Board. . Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ray. l would like to report that Ray Dean, Rodney Douglass and myself went to Washington' last week to a very interesting conference and display of equipment which we felt was fantastic learning experience. We also had several Water Advisory meetings that hopefully we're going in the right direction and I think we're way ahead of most other towns, I'm. very happy to say. The Master Plan we're going .to have another review this Thurs- day. We're going to try to set it up every Thursday afternoon to have the Town Attorney, Planning Board representatives and the Town Board just to review this large book before we start going out into the public: One comment on the race where Jean did' so well, we're. very proud of her, was that Mattituck High School finalist is 'again a Newsday as the School of the Year, and it's .basically through this program,. this HUGS Program, which was started out here on the East End and is 'now, 1 believe, in* 21, 22 schools. They deserve a lot of credit, not just for this 'HUGS Program but for the entire program in'the school. I think all the school districts out here are fantastic and have been doing a great job. If. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on the agenda isPublic Notices. I. Corps of Engineers,. Notice of an application of Kearnsport, Ltd. to dredge and construct a bulkhead with backfill'and piers at Sterling Basin in Greenport. Written comments to the Corps b May .30th. 2. New York State Department of Environmental Conservation, Notice of Complete Application,!of Doris Tdrnlund to construct a timber retaining wall with two returns, Little Creek, Cutchogue. . Written comments to the DEC by May 31st, 1985. 3. State of New York Public Service Commission,. Notice on a motion for rate changes, rules and regulations of Long Island Lighting Company for electric service. Comments, in Mineola, June loth. It's been suggested and I think the Town should send a letter notifying them of our intent, if 'at all possible, to form our own electric district because of the complete disregard for the public as far as these extraordinarily high rate increases that they've been asking for. 4. Board of Elections schedule of local registration days at Southold Town Hall will be Wednesday, October 9th from 4:30 P.M to 9:00 P.M, and Saturday, October 12th from 2:00 P.M. to 9:00 P.M. As you could tell, the season is starting. III. COMMUNICATIONS. SUPERVISOR MURPHY: Moving on to the third item is Communications and again' this is what makes it. very nice in Southold Town-with really the great number of people that do. volunteer. Ray, Judy and I were. up at San Simeon to day giving them a plaque honoring volunteers. Here again is a letter from a' man, the coordinator of the people who went out and helped the seniors--anyone who asked--h—eIp-=in filing their income tax. He's thanking the Town for the service. We should be thanking him. He wil receive a letter. This 'is from Mr. Bill Weinheimer who has been in' charge of this. They did' receive a certificate from the AARP for this great service. MAY 21, 1985 285 IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: There are no public hearings. We had an Unsafe Building Hearing this morning. V. RESOLUTIONS. SUPERVISOR MURPHY : Moving on to item number V on your agenda, resolutions. The first one is 'to purchase equipment for the Mattituck Slow Pitch League. 1. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $900. 00 from the Joint Youth Account A7320. 4, 'for the purchase of equipment for the Mattituck ivien's _Siow Fitch League .for i:iieir 1985. sea5uri. SUPERVISOR MURPHY: Any questions? .(No response.) Thiswill probably be the last time this system will be done now that we have a new. Recreation Director and we can come more into compliance with the rules and regulations of the Comptroller's Office. They will probably have. to change the methods of funding these different things next year, now that .we have a Recreation Department set up. Any other questions? .(No response.) 1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoute.nburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to authorize' the. Town Clerk to advertise for resumes for a member of the Southold Town Water Advisory Committee. 2. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for member of the Southold Town Water Advisory Committee, 5 year term, no salary. SUPERVISOR MURPHY: Any questions? (No response.) 2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. . No: Councilman Townsend. This resolution was declared duly ADOPTED. COUNCILMAN TOWNSEND : I'd .like a chance to. explain my. vote. Quite frequently we have people that come up on Boards that have been serving quite well and ably for the duration of their term. Their hope is to continue on the Board. It's the unanimous choice: of the Board they're serving on that they continue. I think it's a waste of Town money and time to go out for resumes and it raises peoples hopes. We've even had interviews when we know there was no possibility of filling that. position with someone other than the person that is 'in'the position and we've done this many times and I think that we should, from time to time, not fool the public and just reappoint the person that wants the job.. In this instance Miss Scopaz is a educated planner. She's been on the Water Advisory Committee, for the last year, so it's my feeling that we should not bother to go out to advertise for resumes on this 'one. SUPERVISOR MURPHY: Thank you. COUNCILMAN STOUTENBURGH : I would like to say something on that. The reason that I think that it 'is important that we follow the procedure is that we can't say yes for one and no for another. I think we should set up a procedure. It should apply to all people, and there is just the outside possibility that there is someone out there that would even be better than Valerie Scopaz and I just felt that it was important that we set this up, continue our process as we've set it up. We do not have to invite these people in. They do not have to take time out. If we go through their resumes and find out that .Valerie 'is still the high person, we can stop it right there. But should there be someone in there that is extremely well qualified, then I say we should give that person that opportunity to be heard. SUPERVISOR MURPHY: Thank you. Okay, the third resolution is to accept a resignation. 3. Moved by Councilmani Townsend,, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold accepts, with regret, the resignation of Rachel C. Duell as a member of the Southold Town Conservation Advisory Council, effective June 1, 1985. 3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 286 MAY 21, 1985 SUPERVISOR MURPHY: . Number 4 is 'an environmental assessment. 4. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it 'was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and. .6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, asy.lead agency for the action described below, has determined that the project will' not have a significant effect on the environment. Description of Action: Local Law No. 7 - '1985 entitled, "A Local Law to amend the Zoning Code in relation to dwelling unit density." . The project has been determined not to have a significant effect on the environment because there has been no response in' the allotted time it is 'assumed that there are no objections nor. comments. ,UNtK V i'OR MiURPH Y : 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, 1 believe, you want to hold? Jay, when will this be reviewed? .(Town Board request enactment of Senate bill No. 55.14, "AN ACT establishing the Southold land preservation bank. . .") COUNCILMAN, SCHONDEBARE: What did we get, two weeks, Bob? TOWN ATTORNEY TASKER: I just got the material and we'll be doing it as soon as possible. COUNCILMAN SCHONDEBARE: Two weeks. SUPERVISOR MURPHY: Put it on the next-- 7. - TOWN CLERK TERRY: I don't think we can put it 'back on. Can we put it back on, Mr. Tasker? Or shouldn't we wait for them--- . TOWN. ATTORNEY TASKER: When it gets amended and the amendment is filed in the State Legislature they will automatically send you a new Home Rule Message with the amended bill. SUPERVISOR MURPHY: When will we have the amended bill? TOWN ATTORNEY TASKER: In two weeks. SUPERVISOR MURPHY: Do we need a resolution to send the amended bill 'up to them? TOWN ATTORNEY TASKER: You don't have the print number or anything on it.' SUPERVISOR MURPHY : Number 6 is to release a performance bond. 6. Moved by Justice Edwards, seconded by Councilwoman Cochran, WHEREAS, C.P.F. Land Corp. , owner of two subdivisions entitled "Map of Blue Horizons, Section 1," and "Map of Blue Horizons, Section If," has filed a Certificate of Abandonment of the aforesaid subdivision maps with the Suffolk County Clerk, now, therefore, be it RESOLVED that the To3n Board of the Town of Southold hereby releases the performanc bond in' the amount of '$90,000.00 for "Blue Horizons, Section .1," and the performance bond in the amount of $110,'000..00 for "Blue Horizons, Section 2." SUPERVISOR MURPHY: Any questions? (No response.) 6.-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 7 is to authorize' funds for the. North Fork Little League. 7. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby allocates' $1, 400. 00 from the Joint Youth Account A7320.4, for the purchase of equipment for the North Fork Little League for their 1985 season. COUNCILMAN STOUTENBURGH: And this is the same as last year. SUPERVISOR MURPHY: Any questions? (No response.) MAY 21, 1985 ? 287 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 a step two salary increment. 8. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby grants Linda J. Cooper, Clerk Typist in the Town Clerk's Office, her Step II salary increment in the amount of $500. 00, effective June 1, 1985. TOWN CLERK TERRY: I'll third it, with pleasure. u.-Vuie of ine 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 appoint Beach Parking Attendants. 9. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it 'was RESOLVED that the Town Board of the Town of Southold hereby appoints the .following individuals as Beach Parking Attendants for the 1985 Summer Season: Cherrie Bergmann $4.20 per hour John Simchick $4. 05 per hour Annette Bednosky '$3. 90 per Hour Elizabeth McNulty $3. 90 per hour. 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 Lifeguards for the •1985 summer. season. 10. Moved by Justice Edwards, seconded by.;:Councilman Stoutenburgh, lit was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as Lifeguards for the 1985 Summer Season: John Mitchell $4.30 per hour Maura McC.avera $4•.45 'per hour Joseph Aiello $4. 60 per hour John Hansen $4. 15 per hour Mindy Gerhart $4. 00 per hour Charles Boyer $4. 15 per hour Richard Hilary, Jr. ' $4. 00 per hour Chris McNulty $4.30 per hour. COUNCILMAN STOUTENBURGH: 1 might add ,that these are people that we've had last year and so it's just continuing for this 'season. 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. (SEE RESOLUTION NO. 42 - JUNE 4, 1985 - FOR SALARY INCREASE. ) SUPERVISOR MURPHY: . Number 11 is to ask the Suffolk County Board of Health to act promptly to adopt Article 7. 11. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, WHEREAS, Long Island's underground water system provides the only potable water for three an'd a half million. Nassau and Suffolk residents, and has been designated a "sole source aquifer" by the Federal government, and WHEREAS, we recognize' that groundwater contamination poses a serious threat to our health, our environment, and our economy, and WHEREAS, we recognize: the need for strong actions to reduce the risk of ground- water contamination, and WHEREAS, .we recognize that due to the nature of grounwater and groundwater flow, any effective steps to protect thisresource must be done on a county-wide level,.., now, therefore, be it RESOLVED that the Town Board of the Town of Southold strongly urges the Suffolk County Board of Health to adopt proposed ARticle 7 of the Sanitary Code, and be it further RESOLVED that the Town Board of the Town of Southold hereby urges the Suffolk County Board of Health to act promptly. to adopt Article 7, without any further delays, Er changes which may lessen its effectiveness. COUNCILMAN TOWNSEND: Question. 288 MAY 21, 1985 SUPERVISOR MURPHY: Joe? COUNCILMAN TOWNSEND: We've already, as we spoke about in the Executive Session, we've already authorized you to go up and speak on behalf of this Article--it's in' the process of debate now. We've heard from Riverhead and Brookhaven, both of whom-- or Riverhead anyway, and we know Brookhaven is opposing it.' Since we're already on record"-in favor of it, l feel that we should. not send a second resolution urging them to hurry up their debate, since the debate may be beneficial. SUPERVISOR MURPHY: Thank you. Any other questions? COUNCILMAN SCHONDEBARE: I have to agree with Councilman Townsend. We already passed a resolution in support of this and as Councilman Townsend said, w alsoauthorized you to go up and speak on behalf of it. I think what we're doing here is 'slapping Riverhead in' the face and I think any debate over an issue would be good and 1 would move to table this.' Do I have a second on the tabling? Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that foregoing Resolution No. 11 be and hereby is 'TABLED. 11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Justice Edwards,; Councilman Townsend. No: Councilman Stoutenburgh, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Moving on to Resolution 13---. COUNCILMAN STOUTENBURGH : May I ask if this will be on next meeting's agenda? SUPERVISOR MURPHY: If you'd .like to put a resolution, Paul, we- could put it 'on. COUNCILMAN STOUTENBURGH : . No, but isn't .that what a tabling is, to hold it to another time? SUPERVISOR MURPHY: Would you like it on the next meeting? COUNCILWOMAN COCHRAN: You can remove it from the table when you want to. COUNCILMAN STOUTENBURGH : Then someone should remove it 'if they want to remove it, otherwise you're putting it on for action, I would say, for the next...mee- i., Yes. SUPERVISOR MURPHY: Will ' be done. . dumber 12 is to put a cap on liability for Town Officials. 12. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold respectfully request that the New York State Legislature immediately adopt legislation which would mandate that insurance companies licensed to.do business in the State of,New York provide Public Official Liability Insurance coverage commensurate with the times and the responsibilities of public officials at a reasonable cost, and BE IT FURTHER RESOLVED that the Town Board of the Town of Southold requests that New York State impose a. cap as to any claim and cause of action initiated against a public official, and BE .IT FURTHER RESOLVED that the Town Clerk of the Town of Southold be and hereby is authorized to send this resolution to Governor Cuomo and the members of the New York State Legislature and to the Suffolk County Town Supervisors. SUPERVISOR MURPHY: Any questions on it? COUNCILMAN SCHONDEBARE: I have a statement: Very simple, 1 don't know of any corporation, person or entity in the State of New York that has a cap on their amount of liability .arid- for some reason there's something strange about Public Offici requesting a cap on Public Officials Liability. COUNCILMAN .TOWNSEND : Ir can respond to that. There are other townships or municipalities have different regulations regarding liability and what is it, prior notice--- COUNCILMAN SCHONDEBARE: Written notice as to- bringing a cause of action, but there's no cap on the amount a person, can obtain against a Public Official in any township in the State of. New York or against the State of New York in fact. COUNCILMAN TOWNSEND:� Right, and you know as well as 1 do that it's getting impossible to get insurance coverage, but in the long run it's going to discourage participation in the public forum, so we've got to do something--- COUNCILMAN SCHONDEBARE: You can ask for the coverage, like we asked for it in the Landfill; but here you're also asking for the cap. You're asking for two MAY 21, 1985 289 things in here. The Landfill'we only asked' for one, that's coverage. SUPERVISOR MURPHY: Any other comments on it? (No response.) 12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilman Schondebare. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY; . Number 13 is 'authorizing a second bus. 13, Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Senior Citizens Club, Inc. to engage a second bus, at a cost of $320. 00 to transport their group to the Southstreet Seaport, New York City, on June 6, 1985. SUPERVISOR MURPHY: Any questions on it? COUNCILMAN STOUTENBURGH : Explain the funds. SUPERVISOR MURPHY: This 'is part of their funds. COUNCILMAN STOUTENBURGH: Yes, I know, but let people know that. SUPERVISOR MURPHY: This 'is 'part of the funds that's allocated to them for bus trips. They can spend it under certain'guidelines, and they've been made aware of the guidelines. 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 accept a bid'. . This is the only bid that we did' receive. 14. Moved by -J ustice Edwards, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of George Malvese 8 Co. , Inc. for supplying the Southold Town Highway Department with one (1) new Mobil, Model 1TE4 Four-Wheel self-propelled pickup Street Sweeper, all in accordance with the specifications, at a net price of $78,759. 00, which includes the trade-in of one (1) 1974 Mobil Sweeper 1TE4 S/N 412-103. 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 grant a salary. step increment. 15. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby grants Diane M. Schultze, Clerk-Stenographer in the Office of the Planning Board, her second salary increment in the amount of $5,00.00, retroactively to January 1, 1985 (when it was due) , and her third salary increment in' the amount of $500.00, effective June 1, 1985. SUPERVISOR MURPHY: Any questions on this? (No response.) This was brought to the attention of Judy and myself by the Payroll Office that she had been missed over on January 1st. Any other questions? (No response.) 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 allocate funds for the Mattituck Women's Softball League 1985 season. 16. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby allocates, $400,00, from A7320. 4, Joint Youth Account, for the purchase of equipment for the Mattituck Women's Softball League's 1985 season. 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. 290 MAY 21, 1985 SUPERVISOR MURPHY: Number 17 is to authorize our Town Historian to attend a conference. 17. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board.l of the Town of. Southold hereby authorizes Town Historian Mgdaline Goodrich to attend the Archives and Manuscript Workshop to be held at the Suffolk County Historical Society, Riverhead, on June 17, 1985 from 9:00 A.M. to 4:30 .P.M., and the reistration and luncheon expense in the amount of $1.2.50, and travel expense shall be a legal charge against the Town of Southold. .. 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. SIIPFPViCfIP MIIRPt4V- Niimhar :1R ic 'tn cpt a 'nvehlir- 'haarinn- 18. Moved by Councilman Stoutenburgh, seconded by -Justice Edwards, < WHEREAS, in. November, 1983s, Louis 'Hodor and Max Staller applied to this Board for relief from the two-acre zoning requirements, pursuant to the provisions of Local Law. No. 11 - 1983, and = WHEREAS, this Board, on May 8, 19841, after a Public Hearing, denied the relief requested, and WHEREAS, the said Louis 'Hodor and Max Staller commenced a proceeding against the Town of Southold ;and the Planning Board of the Town of Southold, by way of an Order to Show Cause dated July 19, 1984, to set aside said determination of this Board, and WHEREAS, by Order dated. November 21, 1984, Justice Morton I . Wille' n ordered that the Petitioners motion for alternative relief be granted to the extent that the Court declares that the decision of the Town Board is annulled and the matter is in' all .respects remitted to the Town Board of the Town of Southold for reconsideration de nova and the making of .findings in proper form, and that the petitions and respondents be granted leave to'present such further and additional proof as they may be advised. NOW, THEREFORE, BE IT RESOLVED that a Public 'Hearing be held by this Board with respect to the application of Louis Hodor and Max Staller, said Public Hearing to be held on the 2nd day of July, '1985: at 8:00 o'clock P.M., and that the Town Clerk be and she hereby is directed to post and publish notice of such hearing as required by law and also to give notice of such hearing to all interested parties. SUPERVISOR MURPHY: Any questions? COUNCILMAN. TOWNSEND : Do you want to mention the details? Basically this is something--- COUNCILMAN STOUTENBURGH : They went to the Supreme Court and they mandated, more or less, that have another hearing. 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 appoint a part-time Account clerk. 19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jeanne Hunter as a part-time Account Clerk in' the Accounting Department, effective immediately 17jhours per week,' $5.00 per hour. 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 pertains to Memorial Day. 20. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby amends the C.S.E.A. Contract whereby Memorial Day shall be observed on May 27, 1985, rather than May 30, 1985 as stated in the contract, and as requested and agreed upon by the C.S.E.A. , 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: . Number 21 is 'to refund a fee. 21. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board. 'of the Town of Southold hereby authorizes the refund of $75, 00 to Gary Doroski; which amount 'represents his fil—ifig fee for Appeal No. 3362, dated April 17, 1985, whereas said Appeal has been determined to be un- necessary and has not been processed. MAY 21, 1985 29 21.-Vote of the Town Board: Ayes: Cou'nc,ilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 22 concerns. the .Community Development Fund. THIS RESOLUTION SUPERSEDED BY RESOLUTION NO.'. 25 - JUNE 49 1985. 22. Moved by"Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED by the Town Board of the Town of Southold that no moneys shall be allocated, paid, or encumbered, .nor shall any contract for personal services or equipment be entered into from or on behalf of the Community Development Fund, without a prior resolution of the Town Board of the Town of Southold approving same. 22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburah; JustirP Fciwarck Co,unr.ilman Townsend_ Supervisor Murahv. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, we have one more resolution which will be the last order of business, so, at this time I'd like to ask any of the Town Board members if they have anything further to say, starting on Ray Edwards. JUSTICE EDWARDS: Just a couple of last comments, .Frank. Fishers Island Electric Company just got their electric .rates hike approved over there and now our basic rate on Fishers Island is higher than LILCO. We'.re tops in the County. Secondly, •a few little nature items here. Paul Stoutenburgh was given some pictures of a pair of Bard Owls that we had there last year, well they had another fledgling this spring and also we have six nesting pairs of Ospreys out there and our family of Oyster catchers seems to be increasing. . Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ray. Jean? COUNCILWOMAN COCHRANii, . Nothing at this time, Frank, thank.you. SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH : I see where we're reporting on birds, I'd like to thank, publicly, here our Highway Department for putting up a fence down at Cedar Beach to keep the people off the endangered species of Terns and it's working out very well. I was down to check on it and they're in'their area and they're back this year. I think they've done something really worthwhile. Riverhead has been doing this and their park area in Jamesport with. tremendous success and we're following_ through now with our own program. So I want to thank the Highway Departmer SUPERVISOR MURPHY : Joseph? COUNCILMAN TOWNSEND: Nothing, Frank. SUPERVISOR MURPHY: Jay? COUNCILMAN. SCHONDEBARE:. The only thing I would ask is that the Town Clerk just check that relief petition that we're going to have to hear over again; that Hodor and .Staller one, to see if we've already requested the Planning Board to send us the chronology. I don't remember it. That's .one of the first ones we did. TOWN CLERK TERRY: You have it.' I will copy` it again. SUPERVISOR MURPHY: I have nothing further to say, so at this 'time I'd like to ask anyone ,in' the audience if they would like to make any comments? Over here on the left? Yes? DIANE BERGMANN : I'd .just like to ask ifyou've heard anything from Puckli whether or not Phase I and If are completed or anything at all about it for the airport? SUPERVISOR MURPHY: A letter just came in recently that I had not distributed. haven'.t even finished reading it=-ins reply to the letter I wrote. MRS. BERGMANN.: But there's .nothing about whether or not it's done or not? SUPERVISOR MURPHY: . No. Anyone else on the left? .(No response.) As soon as read it 'and distribute to the Town Board it will' be made available to the public: MRS. BERGMANN: Thank you. SUPERVISOR MURPHY: In the middle anyone? (No response.) On the right? (No response.) COUNCILMAN SCHONDEBARE: What came in our mail today on that' big six pages-- single spaced--I didn't have a chance to read it yet. Is that the airport letter? 292 MAY 21, 1985 SUPERVISOR MURPHY: It might be. COUNCILMAN SCHONDEBARE: It was in my mailbox yesterday. SUPERVISOR MURPHY: I didn't know that Chris got it out yet. COUNCILMAN SCHONDEBARE: Is that the one you're referring to, Frank? SUPERVISOR MURPHY:. Yes. COUNCILMAN SCHONDEBARE: Okay, I just wanted to make sure. Just got it. Haven't even looked at it 'yet. COUNCILWOMAN.COCHRAN : It came in'a brown envelope. It was mailed from the company direct, Frank. SUPERVISOR_ MURPHY: Okay. The last order of business I would like to offer a resolution. A. very sad one. A man who gave an awful lot to Southold Town. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, this Board has learned with deep sorrow of the death of former Southold Town Councilman CORWIN C. GRATHWOHL, and WHEREAS, in his service to the people of the Town of Southold as Councilman from January 26, 1961 through December 31, 1963, Mr. Grathwohl distinguished himself as a dedicated and conscientious public servant, and WHEREAS, the Town Board of the Town of Southold wishes to give formal expression of its loss in'the death of CORWIN C. GRATHWOHL, a man esteemed. by .his associates and respected by all, now, therefore, be it RESOLVED that when the Town Board adjourns this day, it does so, out of respect to the memory of COR ,WIN C. GRATHWOHL, and be it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting and 9 copy be transmitted to the family of CORWIN C. GRATHWOHL, that we rhay extend to them our sincere sympathy. 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 each one to stand now for a moment of silence. MOMENT OF. SILENCE .IN MEMORY OF CORWIN C. GRATHWOHL. SUPERVISOR MURPHY: Thank you. Being that there is no further business before the Town Board I'd .like a resolution to adjourn. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that this 'Town Board meeting be and hereby is 'adjourned at 8: 15 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, :Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk