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HomeMy WebLinkAboutTB-06/07/1983 119 'SOUTHOLD TOWN BOARD JUNE 7, 1983 WORK SESSION 9: 00 A.M. - The Board audited the outstanding vouchers. 9: 40 A.M: - Began reviewing the agenda. 10: 50 A.M. - The Town Board; Town Clerk and Superintendent of , Highways participated in the Sports Award Program for the 'Sehior' Citizen groups at the Senior/Youth Center, Peconic. EXECUTIVE SESSION T 1:50 P.M. -. Lieutenant Stanley Droskoski met with .the Town Board to discuss personnel. 2:15 ,P.M. - Community Development 'Director James McMahon and Mr. Louis Demarest met. with the Town Board to discuss the 'possible purchase of property in Orient.. 2: 35 P.M. - Justice Edwards .discussed with the Board the possible purchase of property at Fishers Island by .the Fishers Island Ferry District. WORK SESSION 2:50 P.M. - Community Development Director James McMahon brought the Town Board up to . date . on . the 'status of Community Development projects for Years 7, 8, and 9. He. also asked .the Board to set the interest rate for a $100,000 revolving loan to Cross Sound Ferry for the reconstruction of the. Orient Point Ferry Terminal, funds to come from the Community Developmeftt- Revolving Loan Program through the County Consortium and HUD. The Board set the rate at, 67. for seven years. 3:15 P.M. -Recess for hearing on the appeal of Thomas Occhiogrosso on a violation of his Wetland Permit. 3:25 P.M. - Tow ri Engineer Lawrence Tuthill met with the Board to explain the progress he has made on appeals to the . Federal Emergency Management Agency on flood elevations in Southold Town. 3: 30 P.M. - Recess for a public hearing on a proposed 'Local Law to amend the Flood Damage Prevention Law of the Town of Southold in relation to the reference to the Flood Insurance Rate Map and the definition of terms. " 4:05 P.M. - Executive Administrator Victor Lessard met with the Board to request the Town Board' s approval of all forms and permits used by the Building Department . This is necessary when they are used as evidence in court cases. A ,resolution was placed on the agenda. Mr. Lessard also submitted suggested revisions of certain forms to--- Town Attorney Tasker for review. 4:15 P.M. '- Board of Appeals Chairman Gerard Goehringer and members Charles Grigonis, Joseph Sawicki, and Robert Douglass . appeared before the Board to discuss their designation as a Review Board for appeals of the State Building Construction Code. Mr. Goehringer stated he does, not feel the members of the Board of Appeals are qualified to do such a job; architects and builders should be on the board. He feels there will be at least three cases this year and they cannot handle them, there is too much to learn about the State Building Construction Code.--Town Attorney Tasker explained that these are just good businesslike decisions, not requiring knowledge of how to construct a building, sprinkler system, elevator, etc.--Member 1 2 0 June 7, 1983 Douglass said he dick not totally agree with the fears of the Board, he does not feel that the duties would be that technical and would. have no problem handling them. Mr. Grigonis said he would rely on Mr. Douglass' expertise in this area. Mr. Sawicki agreed to perform his duties as requested. 4:45 P.M. -. The Board resumed 'reviewirig the agenda and off agenda items.--Town Clerk Terry asked . the Board to define the cost per page for copied material , single sided and duplexed. - It was the unanimous decision of the Town Board that the cost is $ .25 per page (one side) . If the material is duplexed, the cost would be $ .25 per side or a total of $ . 50. 6: 30 P.M. - Work Session adjourned. REGULAR MEETING 7: 30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, June 7, 1983 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 7: 30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman John J. -Nickles Councilman Lawrence Murdock, Jr. -_ Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice .Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Moved by Councilman Murphy, ' seconded by Councilman Murdock, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $122,708.88; General Fund Part Town bills in 'the amount of $298,013. 32; Highway Department bills in the amount of $74, 311. 11; Fishers Island Ferry District bills in the amount of $21,239.62; Federal Revenue Sharing Fund bills in the amount of $25. 80. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman 'Murphy, Councilman Murdoch, Councilman Nickles., Supervisor Pell. This resolution was declared duly ADOPTED. - Moved by Councilman Nickles, seconded -by Councilman� Murphy, it was RESOLVED that the minutes of .the 'May 24,, 1983 meeting .of the Southold Town Board be and hereby .are 'approved. . Vote of . the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy,. Councilman Murdock; Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman' Nickles, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held Tuesday, June -212 '1983 at 3:00 'P.M. at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman. Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor,Pell. This resolution was declared duly ADOPTED. 121 June 7, 1983 I . REPORTS. SUPERVISOR PELL: The following reports are placed on file with the Town Clerk, anybody wishing to review them can do so at the Town Clerk' s Office or at my office. 1. Justice Edwards' monthly report - April 1983. 2. Town Trustees' monthly report - May 1983. 3. Supervisor' s monthly report - May 1983. 4. ' Town Clerk' s monthly report - May 1983. 5. Building Inspector' s monthly report - May 1983. 6. Police Department ' s monthly report - Detective Division and ,Juvenile Aid Bureau May 1893.. 7. Fishers Island Ferry District' s monthly report - May 1983. '8.- Highway Department ' s monthly report - May 1983. SUPERVISOR PELL: I would like to just point out, under the Building__ - Inspector' s monthly report, the total estimated value of new build- ing permits and alterations for one month was $1,500,000, was the new- construction given out for the month of May. , 9. . Councilmen' s reports. Justice Edwards--. . JUSTICE EDWARDS: Thank you. As I told the Town Board earlier today, we are in the middle of .A mooring registration program on Fishers Island. Out of 60 .applications that .we sent out .to boats moored in West Harbor we got a return of approximately 35 'for the total income of over $1200. 00 in mooring permits, which is going to, pay for our second Bay Constable in West Harbor. Thank you, Bill. SUPERVISOR PELL: Thank you. Councilman Murphy-- COUNCILMAN MURPHY: I would just like to report-.-.I' would like Larry . to give the full report for the Disposal Committee—but Ilm_ really very happy to see that we seem to be moving along in a much faster .pace right now as far as the 'laiidfill. is concerned. ' We are under a lot of pressure from the D.E.C. to move in this direction and true-- it ' s going to cost the Town some money, but- it ' s' money .that we probably should have spent many years ago and it ' s somethng we have to do, not only because it ' s mandated by the D.E.C. , because morally it 's. right . I 'd like to also report that we' re still dealing with 'CAblevision and there will be some kind of a survey--we gave our recommendations that we asked them to mail out and the returns coming back to the Super- visor. They came back again with a second change. It really isn't. what we would like, but Cablevision is the one that 's. paying for this and I guess they're going to have their way. All I could suggest is in. the press and in reporting on the Town Board that if anybody does have a complaint on Cablevision, please call Cablevision and if your service is not satisfactory, the replies from Cablevision, please let us- know. in Town Hall here. Thank you, Bill. SUPERVISOR PELL: Thank you. Councilman Nickles-- COUNCILMAN NICKLES: The BeAdh Committee would like to report that the official opening of 'the Town Beaches this year will be as follows: Starting on June 26th two beaches, the Town Beach, which is on Long Island Sound at Arshamomaque, and the Norman E. Klipp Park at Gull Pond. All other beaches will open on June 30th. I 'd also like to report that on June 1st , 1983 Councilman Townsend, Murdock and I attended the first meeting of the Southold Town Farmland Preservation Committee and the five gentlemen that were appointed to the Board selected a Chairman, Mr. Andre (Bud) Cybulski and they seem to be off to a good start and they're ready and raring to go and we' ll be hearing more from them. SUPERVISOR PELL: Thank you. Councilman Murdock-- COUNCILMAN MURDOCK: A couple of days ago we had a meeting of the Code Enforcement Committee. The results of that meeting are the modifications to the Bulk and Parking Schedule that you will hear us set in motion today to go before the Planning Board, the County Planning Board and then a public hearing to alter that law and as Frank said we have had a meeting on our Landfill Committee which- is- culmination of quite a few meetings and a lot of time spent . Council- man Townsend, Ray Dean, Councilman Murphy, and myself went to a land- fill seminar in Nassau County last week. . It - gave us a lot of back- ground general information again and just reinforced our thinking that we have to get started in the sense of direction that we were head 122 June 7, 1983 in is the sense of direction that the Town should go. Our committee recommended to the Town that we start putting a man, at the gate to, check the honey wagons, to check the stickers and bumper stickers on cars to make sure that everybody who uses the landfill is a resident of the Town. Also next week we will have a meeting of the Commissioners of the Waste Water Management District which all the members of the Town Board happen to be Commissioners, that day will put on a different hat. We plan to recommend to the Commissioners that we start a dump- ing fee or a tipping fee, whichever you will, with ,the honey wagons to help start to pay for some of the work that we are doing up there. We recommend to the Town Board, and that will be done by resolution today, that we establish 14 five hour shifts at„ thee gate of the land- fill. We are going to call those gentlemen Sanitation Attendants. The Town Board will empower the hiring of eight so that we. will have a pool to draw from. We will also recommend today the acceptance of the bid from the Morbark Corporation for a chipper that we will use in chipping up all the trees and branches that come into the landfill. That , with the grinding- of the leaves, we will go into a composting program. That compost will be used for a capping material to cap the landfill. When the D.E.C. says we must we hope to be prepared- and started down that road. We will save a considerable amount of space in the landfill by volume reduction, by grinding the leaves and. chipping the wood. We hope to accomplish two things in that. program. We have--also the Town Board tonight will authorize the hiring or creating the positions for two Equipment Operators to operate. those pieces of equipment that we have already started on and. we have not as yet , but we did recommend today to the Town Board, to authorize a total of $550,000. 00 in bonding costs to cover items that we believe we will need. Roughly $125,000.00 for a building, we would like to enclose the area that we deposit garbage so that we' can stop. every- thing from blowing around, it makes it much neater and handier to control. We hope to buy two compactor trailers, that will be about $90,000.00. A payloader which, would be about $160,000.00. Another bulldozer which would .be about $140,000.00. The bulldozer will replace one that is. -either a. '62 or a '63, vintage that is just wheezing and puffing. The payloader, we intend to keep the 'payloader that we presently have and hope to thereby have a back-up payloader: Those things we've recommended to the Town. The numbers, when you add them ,all up become a little bit frightening, maybe. They 're all a bare-bones program and feel the correct way to approach the Town is to, tell the Town exactly what the totals are that we're working with and let everybody get used to those ideas and accept the fact that these are the things that we must do. Also today we got ..a phone call from the D.E.C. They were up to the landfill yesterday and they made an inspection for methane because of the problem that the Town of Babylon had where methane seeped into a' building at .the landfill and they had the explosion last week, the D.E.C. is now going over every landfill. They told us that they felt our methane level was high in one area of the landfill. They wanted a further report from us and I believe we--today during the working session we empowered Holzmacher,- McLendon and Murrell to do those testings __._ for us because we must make a report to the D.E.C. about the methane I think within a week and by the first of July we must make a report to the D.E.C. about the water quantities and the plume quantities underground at the landfill area and the County of Suffolk has graciously consented to do our test wells and make those tests for us and give us the report "by the first of July. I think that ' s all on the landfill , Bill. SUPERVISOR PELL: What else do you have? COUNCILMAN MURDOCK: I think -that ' s all for now, thank you. SUPERVISOR PELL: Councilman Townsend-- - COUNCILMAN TOWNSEND: Bill, there' s not really much left for me' to do but to summarize since I 'm a member of the committees that have been--that John and Larry have just reported onv There are a couple of things that I 'd like to say regarding those committees. One .of them is while you mentioned the Building Inspector's report where we had over a million dollars in new housing, million and a quarter actually, in actual new building of houses, which means we will be getting assessed valuations, if we use our current equalization rate, of a little over $125,000.00 which sounds like a lot of, money, but one of the things I ' d like to point out . is that 'Southold Town is shortly going to be .paying for a lot of very ambitious programs that we really have to undertake. Larry just pointed out that just for the machinery and housing of the machinery at the landfill it ' s June 7, 1983 123 going to be around $550,000.,00 That, doesn ' t include a lot of the labor costs involved and there Fare �'�' o b going "te costs involving capping and lining that haven ' t been included in that . John mentioned the greenbelt committee--Farmland Preservation Committee that was formed. I mentioned earlier today to the Board that if we undertake to. buy the development rights just on 300 acres, we 're going to be investing close to a million dollars, which is a large bond resolution for this Town to undertake. Consequently they 're going to investigate some other options. I think it ' s something that ' s very worthwhile, some- thing we should do, but that ' s what we're headed for, some very heavy expenditures and these are the cost of increased population that we ' re undergoing. Larry mentioned the Code Committee. That ' s--what number is that on the agenda today--22. There are some significant changes that have been made to our zoning ordinance regarding size of lots for all undivided property so far, and also on affecting those . applications that have been in the hopper for a while. Some are going to make it and some are not . So, its been an interesting couple of weeks. SUPERVISOR PELL: Thank you, Joseph. Anything else? COUNCILMAN TOWNSEND: No. SUPERVISOR PELL: The Supervisor would like to report on a couple of things. One, the Captain Kidd Water District up there, Mr. Van Cook from the P.S.C. called today, like he said he would, to report that well two is in operation and putting out approximately 150 gallons per minutes. , The water quality is very good. Well number one is not producing as it should. They are going to close it down and go to. work on that one starting next week. They have enough - money in Captain Kidd' s surcharge that was put on the people up there to pay for it and they hope the work will be done within a week. By that time they feel well number one and well number two will get the people back through the summer. They will make a detailed report to the Town Board when all the work is done . and make their predictions on how it will operate this summertime. The next report I would like to make is a telephone call we had yesterday from Mr. Carlson, Assistant Commissioner of D.O.T. for the State of New York. Again it ' s a pleasure to deal. with these people. When they say they will call you back and give you a report they do. His report is that the signs for the low bridge clearance in Laurel area-Mattituck, will be put up within the next two weeks as planned, as they said. The flashing warning lights are , going to be delayed maybe one week or perhaps maximum if two. They have' to get permission from LILCO to use the LILCO poles to put the lights on immediately. They thought they could do it ,but I guess there' s some paper work that has .to take place between "the D.O.T. and LILCO. They are. only going to be temporary signs on LILCO ' s poles. The' State plans to put up their permanent State signs with flashing lights and all on the same pole. That will be done eventually, but in order to get it done right away they will be put up on LILCO poles. The 'heduce speed-slippery when wet" report , as far as I know has not been completed yet. I understand that through other sources perhaps it has and orders are being cut already to reduce the speed and remark it, but officially I have not been notified yet of that . It is in the works. We .have two people here in the back of the room. I am going to ask you at this time, any comment you want to make. on this? MR. FRANK CARLIN, Laurel: As of last Friday morning D.O.T. was not going to reduce the speed limit signs and they were not going to put "slippery when wet" signs up there. However, our friend, Mr. Sawicki , got a call about this and he got ahold of Albany and he spoke to Carlson and new orders are being cut to reduce the sign to- 45 miles and hour - the speed limit , excuse me, and also the "slippery when wet" signs, and they wasn 't going to do this in the beginning, so they should be done, I guess, in a couple more weeks. So that ' s about all. We're hoping the thing gets done, but it 's two weeks now and nothings been done yet, but we 're hoping it will be done. Thank you. SUPERVISOR PELL: Mrs. Simich. MRS. CATHERINE SIMICH, Mattituck: I just wanted to read the edition from Suffolk Life May 25th: "Charles Carlson, Assistant Commissioner of Operations for the D.O.T. said the . recent rash of accidents near trestles evidenced that something has to be done. We have told our people at Hauppauge to put this at the top of their priority list. He said they should be out there working in a couple of days. " May 25th, it ' s past a few days. 124 June 7, 1983 MR. CARLIN: Time has run out. SUPERVISOR PELL: Right. As I said before, Mr. Carlson did call yesterday and said, as he stated, within thirty days and--- MR. CARLIN: My partner and I , we worked hard on this petition.` , and there' s 2860 people signed this Petition and we're responsible--- to them to see that this petition gets carried out 'and we intend to do so. SUPERVISOR PELL: This Board stands firm behind you', working towards this goal, you know that. MR. CARLIN: It was started with two weeks and like she read,' within days, and two to three weeks nothing and seems like seeing is believing and still nothings been done yet and its been two weeks. The street- lights=-there was a pledge last meeting with thirty days--well we're not saying nothing about that because you still have two weeks to go on streetlights to have them in operation, but we have to answer to these taxpayers, they signed this petition and it ' s no more than right that we see that this petition gets carried out almost to its full amount and we intend to do so. I also, if I don't get action on this--within a reasonable amount of time--and if it runs out ; I 've already made plans--I 've got paperwork and I 've" got stories., and I 've got a case all built up to contact 60 Minutes and get it on CBS 60 Minutes. We mean business. SUPERVISOR PELL: Thank you. Anybody else on this topic before we move on? If not we will move on to Public Notices. II . PUBLIC NOTICES. COUNCILMAN MURPHY: 1. Notice of Complete Application from the N.Y.S. D.E.C. by Edward Deutsch to subdivide a 2. 58 acre parcel into two lots, fill these lots with approximately 5000 cubic yards of material then construct one family dwelling and sanitary system on each with a minimum of 75 ft. and 100 ft. respectively from .tidal ---- wetlands. The project is located on property between Pine Place and Cedar Lane in the vicinity of Gillette Drive. Comments to New. York D.E.C. by ,June loth. This is posted on the Town Clerk' s Bulletin Board for anyone to read. 2. Notice of Complete Application from the N.Y.S. D.E.C. by Harry S. Oliver to construct a 25 ft. by 25 ft . addition onto south and west sides of existing one family dwelling. No� parts of which will be closer ,to wetlands than house. Project site on Great Pond north side of Soundview Avenue between lands now or, formerly of• ' . Schold and Milne, Southold, ' Suffolk County. Comments to New York D.E.C. , Dan Larkin, by June 17th. This also is posted on 'the Town Clerk' s Bulletin Board. 3. Notice of Complete Application to the N.Y.S. D.E.C. by Winds Way Building Corp. by The Land Use Company to construct a single family home, sanitary system and a 120 ft .± . CCA timber bulkhead at and above mean high water. Dredge 110 cubic yards of sand from in front of proposed bulkhead except for the area. of intertidal marsh at the northern most 6 ft. of the bulkhead. Project is Jocated opposite #345 Snug Harbor Road, on Gull Pond in Greenport. - Comments to Dan Larkin, New York D.E.C. by June 24th, 1983. This is posted on the Town Clerk' s Bulletin Board. 4. Notice of Complete Application to the N.Y.S. D.E.C. by Daniel Silverman to dredge 1000 cubic yards of material from the northern end of Wunneweta Pond, adjacent to Wunneweta Road and construct a 4 ft . by 40 ft. catwalk with a 4 ft . by� 12 ft. ramp and three 6 ft. by 16 ft . floating docks. All dredge spoil to be trucked to an approved upland site. Project site is at Nassau Point west. of Wunneweta Road, Southold Town. Comments to Dan Larkin, New York D.E.C. , Stony Brook, by June 24. This again is posted on the,. Town Clerk' s Bulletin Board. That ' s the four of them, Bill. SUPERVISOR PELL: Thank you. Under Communications we have five tonight on the agenda. III . COMMUNICATIONS. 1. Letter in reference to dredging Brushes Creek which the Board will respond to (from Ralph Merrill) . 2. Letter from the Greenport Public Schools requesting use of the Town funds which is put up by the state to take place .during June 7, 1983 125 the winter months in the rollers t ri- program. 3. Letter from N.Y.S. Division of Equalization and Assessment notifying the Town Board that we will receive $32 , 552.00 as part of the ALRM system which the Town Assessors implemented last year. We got this notice on the 31st of last month and the money arrived yesterday to go into the Town General Fund. It was figured in our budget. We did figure it as income. 4. Letter from FEMA - Federal Emergency Management Agency regarding the Wave Height in Southold Town, Flood Elevation and the different A zones and V zones. Mr. Tuthill , Town Engineer, went down to Washington, D.C. on April 12th and met with these people to tell them that we quite didn't believe or. think their findings were accurate and we had information to have them revised. I did have a telephone call from this office after Mr. Tuthill was there and came back--the gentleman I spoke to, I forget his name, but I said to him, "Has. any other Town been. so much involved as Southold Town has in this?" He said, "No, your Town is one of the few, if not the only Town, that thoroughly has taken an interest in going after to make sure these things are accurate." I told. 'Mr. Tuthill when he was in to present it to the Town Board that this is the reputation he has built in Washington. This is his second or third time there for this Town and he ' s doing a fine job. 5. Letter from Adolph G. Westerlund and Josephine H. Boyd in reference to the celebration of the 300th Year Anniversary of Suffolk County and a parade that is going to take place this fall and they are asking for support from the Town on it . It will be referred to the committee (Town Tercentenary) that is heading this and chaired by Town Historian Mrs. Goodrich. Then she will come back with her recommendation to the Board. IV. PUBLIC HEARINGS. SUPERVISOR PELL: We had one public hearing today at 3:00 o' clock and another at 3: 30. We will reconvene the 3:00 o ' clock one after 'this meeting is over. V. RESOLUTIONS. 1. Moved by Councilman Murphy, seconded by Justice Edwards, WHEREAS, Charles Zahra and Alfred Grassklaus applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 13, 1983, and WHEREAS; said . application was referred to the Southold Town' Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS; a public hearing was held by the Town Board with respect to said application on the 24th day of May, 1983, at which time all interested persons were given an opportunity to be heard, now, .therefore, be it RESOLVED that. Charles Zahra and Alfred Grassklaus be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct a retaining wall at Eugene' s Creek, off of the east side of Eugene' s Road, Cutchogue, New York, PROVIDED the Town Engineer makes an inspection and submits a report of findings to the Board of Town Trustees. This permit shall expire on ;June .7, 1984 if work has not commenced; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy; Councilman Nickles, Supervisor Pell. No: Councilman Murdock. This resolution was declared duly ADOPTED. 2. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project , which is unlisted, will not have a significant effect on 'the environment . Description of Action: Application of Roger Stoutenburgh for a Wetland Permit t8 c cnstruct a dock at Mud Creek, off west side of Bay Avenue, Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the following .reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. 126 June 7, 1983 Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department , it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, .Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 3. Moved by Councilman Murdock, seconded by Justice Edwards, it, was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is- hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project , which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Edward R. Yanke for a Wetland Permit to construct catwalk and floating dock at Corey Creek, 75 Wampum Way, Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold. Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the .allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department , it is assumed that there are .no objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards, Councilman - Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, 'Supervisor Pell. This resolution was declared duly ADOPTED. 4. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review, Act in the . matter of the application of Christine and Edward Viola for a Wetland Permit on certain property located on Deep Hole Creek, at Deep Hole Drive, Mattituck, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 5. Moved by Justice Edwards, seconded by Councilman Nickles, WHEREAS, Edward R. Yanke applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 21, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council forltheir findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 24th",day of May, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Edward R. Yanke be granted permission under the. provisions of the Wetland Ordinance of the Town of Southold to construct a catwalk and floating dock at Corey Creek, 75 Wampum Way, Southold, New York. This permit shall expire on June 7, 1984 if work has not commenced; there shall be two inspections required; _- and the Town Clerk shall be notified when the project is completed. _ Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. June 7, 1983 27 6. Moved by Councilman Nickles, seconded 'by Justice Edwards, WHEREAS, Roger Stoutenburgh applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 22, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and . WHEREAS, a public hearing was held by the Town Board with respect to said application on the 24th day of May, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Roger Stoutenburgh be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct a dock at Mudd Creek, off west side of Skunk Lane, Cutchogue, New York. This permit shall expire on June 7, 1984 if work has not commenced; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 7. Moved by Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. , Tuesday, July '15, '1983, Southold Town Hall , Main Road, Southold, New York as time and place to hear citizen views on local needs to be met with Year X 'Federal Community Development Block Grant Funds. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 8. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Village of Greenport to install one fire hydrant -- near the terminus of Island View Lane, Greenport , New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 9. Moved by Councilman Townsend, seconded by Justice Edwards, WHEREAS, Dalchet Corporation, et al, has heretofore applied to the . Southold Town Board, pursuant to Chapter 44 of the Code of the Town of Southold, for permission to change the zone from "A" Residential and Agricultural District to "B-1" General Business District on certain property located east of Stillwater Avenue and west of Harbor Lane, on Route 25, Cutchogue, New York, NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: -- 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of. Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action propdzsed is a -Type I action and is likely to have a significant effect on the environment . 2. That the Town Clerk shall file and circulate such deter- mination as required by the aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, Dalchet Corporation, et al, of this determination, and further request said applicant to prepare a draft environmental impact statement, all in accordance with said law, rules and code. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby grants permision to the Senior Citizens Club of Southold Township, Mattituck Unit , to hire one 44 passenger school bus at a cost of $545. 00 to transport their group to Mystic Seaport Museum, Mystic, Connecticut , on September 20, 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 1 2 8 June 7, 1983 11. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Morbark Industries, Inc. , at $53,475.00 for supplying the Town with one wood chipper, all in accordance with the Information and Instructions to Bidders, the Specifications, Form of Contract and Notice to Bidders. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This r esolution was declared duly ADOPTED. 12. Moved by Councilman Townsend, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Muirfield Contracting, Inc. , at $37. 84 per square yard, to furnish all the materials, implements and incidentals and to furnish labor and do all the work required for the removal and replacement of sidewalks and curbing at various sites in the Town of Southold, in accordance with the Specifications and Notice to Bidders for same. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 13. Moved by Justice Edwards, seconded by Supervisor Pell , WHEREAS, the Town of Southold (Fishers Island Sewer District) herein called the "Applicant , " after thorough consideration of the various._ aspects of the problem and study of available data, has hereby determined that the construction of certain works, required for the treatment of sewage, generally described as Fishers Island Sewage Collection, Treatment and Disposal System and identified as Project Number C-36-1149, herein called the "Project, " is desirable and in the public interest , and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, under the Federal Water Pollution Control Act , as Amended, the United States of America has authorized the making of grants to aid in financing the cost of construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans and specificiation in connection therewith; and WHEREAS, Chapter 659 of the Laws of 1972 of the State of New York provide financial aid for the construction of Water Quality Improve- ment Projects; and WHEREAS, the Applicant has examined and duly considered the Water Pollution Control Act, (As Amended and Chapter 659 of the Laws of 1972- of the State of New York and the applicant deems it to be in. the public interest and benefit to file an application under these laws and to authroize in connection therewith; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold: 1. That the filing of application in the form required by the State of New York and the United States in conformity with the Water Pollution Control Act , As Amended and Chapter 659 of the Laws of 1972 of the State of New York is hereby authorized including all understandings and assurances ' contained in said applications . 2. That the Supervisor of the Town of. Southold is directed and authorized as the official representative of the applicant to act in connection with the applications and to provide such additiona; information as may be required. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 14. Moved by,'Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board, having presented the findings of the Fishers Island Wastewater Facilities Plan at the Public Hearing on May 14, 1982, and having received comments at the Public Hearing which necessitated the revisions to the Plan which are contained in Addendum #1, July 1982, does hereby accept and approve the Facilities Plan as prepared by Henry Souther Engineering, Inc. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. June 7, 1983 129 15. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the Southold Town Water Advisory Committee, effective this date, June 7, 1983, for a..one year term, __ to expire June 7, 1984: Sarah M. Mills, Ruth D. Oliva, Franklin Bear, Martin Trent , James I . Monsell. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, ,Supervisor Pell. This resolution was declared duly ADOPTED. 16. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby. grants permission to the Mattituck Chamber of Commerce to close Love Lane and Love Lane-Pike Street intersection, 75 feet east and 75 feet west , including the parking lot opposite the North Fork Bank and Trust -Company, from 8:00 A.M. to 4:00 P.M. on July 16, 1983, for the purpose of holding their Annual Mattituck Sale Day; provided they secure the necessary insurance to hold the Town of 'Southold harmless. Vote of the Town Board: Ayes: Justice Edwardq, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 17. Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Griswold-Terry-Glover Post No. '803, American Legion , Southold, New York, to use Town roads - Hobart Road and Boisseau Avenue, as staging areas for the Suffolk County Legion Convention parade to be held at 12 Noon, Saturday, June 11, 1983, provided they secure the necessary insurance to hold the Town of Southold harmless. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly -ADOPTED. SUPERVISOR PELL: Number 18 we are not going to act upon at this time. (Place M. I .A. P.O.W. bumper stickers on all Town vehicles. Fly M. I .A. P.O.W. flat at Town Hall. ) 19. Moved by Councilman Nickles, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ernest G. Radford to the Southold Town Board of Assessment Review, effective June 7, 1983 through February 22, 1985, to fill the unexpired term of Theodore Heuser. Vote of the Town Board: Ayes: .Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 20. Moved by Justice Edwards, seconded" by Councilman Murphy, it was RESOLVED that Supervisor William R. Pell , III be and he hereby is authorized and directed to enter into an agreement with John Clavin as a part-time Bay Constable for the Town of Southold at Fishers Island, at a sum of $1,000. 00 for the period commencing June 15, 1983 and ending on September 15, 1983; Mr. Clavin to furnish a _ suitable boat , together with the necessary outboard motor and required equipment for the operation of said boat and be responsible for any and all expenses for the repair and -maintenance of said equipment; the Town to pay .all expenses for fuel required for the operation of the boat of John Clavin while performing services for the Town of Southold during the term of the agreement. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 21. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that Supervisor . William R. Pell , III :. be and he hereby is authorized and directed to enter into an agreement with Stephen Malin'owski as an Assistant Bay Constable to aid part-time Bay Constable John Clavin at Fishers Island, at .a sum of $1,000. 00 for the period commencing June 15, 1983 and ending on September 15, 1983; Mr. Malinowski to furnish a suitable boat , together with the necessary outboard motor and required equipment for the 130 June 7, 1983 operation of said boat and be responsible for any and all expenses for the fuel , repair and maintenance of said equipment . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 22. Moved by Councilman Murdock; seconded by Councilman Nickles, WHEREAS, a Local Law, entitled, "A Local Law to Amend Chapter 100 (Zoning) of the Southold Town Code in Relation to Area and Yard Regulations " has been presented to the Southold Town Board at this meeting, now, therefore, it is RESOLVED that the Town Clerk be and she hereby is directed to transmit a copy of this Local Law- to the Southold 'Town Planning Board pursuant to the provisions of. Section 100-150 of the Town, and to the Suffolk County Planning Department pursuant to the provisions of Article XIII of the Suffolk County Charter. LOCAL LAW NO. 1983 A Local Law to amend Chapter 100 (Zoning) of the Southold Town Code in relation to Area and Yard regulations, BE IT ENACTED by the Town Board of the Town 'of Southold :as follows: Chapter 100 of the Southold Town Code (Zoning) is hereby amended as follows: .'Section 100-31 thereof is hereby amended to read as follows: Section 100-31 - Bulk and Parking Requirements No building or premises shall be used and no building or part thereof shall be erected or altered in the A Residential and Agricultural District unless the same conforms to the following Bulk and Parking requirements, to wit: A. In the case of a lot held in single and separate ownership prior to November 23, 1971 and thereafter, with an area of less than forty thousand (40, 000 sq. ft.) square feet, a single family dwelling may be constructed thereon, provided that the requirements of Column A of the Bulk and Parking Schedule incorporated into this Chapter are complied with. B. The Bulk and Parking requirements for single 'family dwellings as set forth in Column A-40 of the Bulk and Parking Schedule incorporated into this chapter shall apply too the following lots, to wit: (1) All lots shown on Major and Minor subdivision maps which were granted final approval by the Planning Board subsequent to November 23, 1971 and prior to May, 20, 1983. (2) All lots shown on Major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. (3) All lots shown on Minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots setoff or created by approval of. the Planning Board subsequent to November 23, 1971 and prior to, May 20, 1983. June 7, 1983 1 3 1 C. The Bulk and Parking requirements' for single family dwellings set forth in Column A-80 of the Bulk and Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) All lots shown on Minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on Majar subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983, (3) All lots setoff or created by approval of the Planning Board on or after May 20, 1983. D. The Bulk and Parking requirements for two family dwellings set forth in Column A-160 of the Bulk and Parking Schedule incorporated in this chapter shall apply to the following. lots, to wit: ( 1) All lots shown on Minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on Major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. �. (3) All lots setoff or created by Approval of the Planning Board on or after May 20, 1983. 11 . Section 100-34 thereof is repealed. 111 . The "Bulk and Parking Schedule" applicable to the "A" Residential and Agricultural Districts is amended to read as follows, to wit: BULK AND PARKING SCHEDULE A RESIDENCE DISTRICT SINGLE FAMILY DWELLINGS TWO FAMILY DWELLINGS' A A-40 A-80 A-160 Minimum Requirements Total Lot area (sq.ft.) 40,000 80, 000 160, 000 Lot width (ft.) 150 175 270 Lot depth (ft.) 175 250 400 Front yard (ft.) 35 50 60 60 One side .yard (ft. ) 10 15 20 30 Both side yards (ft.) 25 35 45 50 Rear yard (ft.) 35 50 75 75 Livable floor area (sq.ft.) per dwelling unit 850 850 850 850 132 June 7, 1983 Off-street parking spaces per dwelling unit 2 2 2 3 Maximum Permitted Lot coverage (percent) 20 20 20 26 Building height Number of stories 21 21 2 2Z Feet 35 35 35 35 IV. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Number 23 was signed by the Governor of our State this morning so we could act upon it today. 23. Moved by Councilman Murphy, seconded by Councilman Townsend, WHEREAS, Chapter 218 of the Laws of 1983 provides that at least one hundred fifty days prior to any biennial town election, the town board of the Town of Southold may adopt a resolution to provide that the term of office of the Trustees of the Town of Southold shall be four years, and further provided that such resolution shall be submitted to the qualified electors of the town for their approval or disapproval at the next biennial town election, and WHEREAS, the Town Board wishes to provide that the term of office of. the Trustees of the Town of Southold shall be four years. _-- NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: .1. The term of office of the Trustees of the Town of Southold shall ' be four years. 2. A proposition shall be submitted to the qualified electors of the. Town for their approval or disapproval at the next biennial town election to be held on the 8th day of November, 1983, and this resolution shall become operative only if approved by the affirmative vote of a majority of said electors voting upon such proposition. 3. If a proposition for the approval of this resolution is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon at said biennial town election , then this resolution shall become and be effective immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Board of Commissioners of the% Fishers Island Ferry District to engage the services of the following individuals to operate the Fishers Island Ferry District movie theatre during the summer months: Edwin Horning - Cashier----------------------$150. 00 per week J. B. ' Hartsfield - Projectionist-------------$ 35.00 per show Charles Stepanek - Clerk---------------------$ 80. 00 per week Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 25. Moved by Councilman Murdock, seconded by Councilman Nickles, 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 Brecknock Associates for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District on certain property situate near Greenport , Town of Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. June 7, 1983 133 26. Moved by Councilman Murphy, seconded by Councilman Nickles, WHEREAS, a petition was received from Brecknock Associates requesting a change of zone on certain property at Greenport , Town of Southold, said petition for a change from "A" Residential and Agricultural District to "M" Light Multiple Residence District , now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this application to the Southold Town Planning Board in accordance with Article XV, Section 100- 150(B) of the Code of the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 27. Moved by Councilman. Nickles, seconded by Supervisor Pell , it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to enter into an agreement , on behalf of the Town of Southold, with - engineering firm of Hawkins, Webb and Jaeger for an engineering study for a new roof covering at the Peconic Senior/Youth Center, at the following approximate costs: 1. One thousand dollars ( $1,000. 00) if they are able to locate design and shop drawings from the building supplier or designer. 2. Eighteen hundred dollars ($1,800. 00) if drawings are not available and they .have to measure steel members sizes and make new calculations. This would include descriptions of corrective work required, if any. 3. An additional six hundred dollars ( $600. 00) if detailed drawings have to be made for any reason. Vote of the Town Board: Ayes: Justice Edwards Councilman Townsend, Councilman Murphy, Councilman Murdock; Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. — 28. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Country Time Cycle to use the . following 'Town roads to conduct their Country 'Time Super Star Contest on July 17, 1983 starting at 8:00 A.M. : . Wickham Avenue, Elijah' s. Lane, Oregon Road, Mill Lane, and Grand Avenue, provided they secure the necessary . insurance to hold the Town of Southold harmless. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 29. Moved by Councilman Murdock, seconded by Councilman Townsend, it was (a) RESOLVED that the Town Board of the Town of Southold hereby creates two (2) full-time Equipment Operator positions in the Department of Public Works. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 29. Moved by Councilman Murdock, seconded by Councilman Townsend, it was (b) RESOLVED that the Town Board of the Town of Southold hereby creates eight (8) part-time Sanitation Attendant positions in the Department of Public Works. The salary for said positions shall be $4. 00 per hour, and shall consist of fourteen (14) five (5) hour shifts. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman _ Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 30. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $4,999.00 to Charles Graves, the Town Board negotiator for the P.B.A. contract . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 134 June 7, 1983 31. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the form of the following permits, applications, and other forms submitted to the Town Clerk, and stamped by the' Town Clerk on this date, are hereby approved by the Town Board and the stamped copies are to be filed with the Town Clerk: Building Department Inspection form (two parts) . Notice of Violation by Building Inspector ' s Office (82" x 52" red card) . Notice "This building is unsafe and its use or occupancy has been prohibited by the Building Inspector" (11" x 82" orange card) . Form letter to Commissioner of Public Works, Suffolk County from the Building Inspector (82" x 1111) . Building Permit form from the Building Inspector (Form No. 2 - Rev. 6/30/80 - 82" x 112") . Application for Permit to hold "Yard Sale, Garage Sale, Attic Sale, Auction, Other Sale of Personal Property" to the Building Department . (Rv. 4/80 - 3 parts - 82" x 11") . Development Permit form from the Building Department (Form No. 11 - 4/80 - 82" x 11211) . Court of Special Sessions form - -Violation Complaint (SSCS-3000 - 82" x 1411) . Application for a Building Permit form to the Building Department (82" x 14" double sided) . Building Permit form from Building Inspector ' s Office (1111 x 82") . Certificate of Occupancy form from Building Department (82" x 11" - Rev. 1/81) . Certificate of Occupancy form from Building Department (82" x 14") . Certificate of Occupancy - Nonconforming Premises form from Building Department (82" x 14") . Consent to Inspection form to Building Inspector' s Office (82" x 14") . Certificate of Occupancy - Nonconforming Premises form from Building Inspector (82" x 1411) . Application for "Home Improvement Contractor ' s License Local Law No. 4 1975 form (82" x 14" - double sided) . -- Home Improvement Contractors License form from Building Department (11" x 8211) . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 32. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby employs Alexander F. Stepnoski as a Maintenance Mechanic II , effective June 16, 1983, at a salary of $11,000. 00 per annum, with no step increases. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. Abstain: Councilman Townsend. This resolution was declared duly ADOPTED. ` 33. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby employs Suzanne Walden as a summer clerical employee, effective immediately, at a salary of $4.00 per hour, to work one half of the time in the Building Department. office and one half of the time in the Board of Appeals office. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Town Board, that ends the text of the agenda we went over today. Have I left out anything or omitted? (No response. ) If not , to the Scouts in the back of the room, we June 7, 1983 135 started this morning at 9:00 o 'clodk.,. ...,We went through it and reviewed every item on the agenda. 'W6 didn ' t break for supper_ until 6: 30 P.M. and were back at 7: 30 for this meeting. Now, the Town Board did put in a full day on this and many of these decisions that were made today were also made and recommended to the Town Board by the different Town Committees that are set up. The Landfill Committee is a case in point I will pick out . When did your committee meet , Larry? COUNCILMAN MURDOCK: When did we meet the last time? Monday morning. We met Monday morning at 8:00 A.M. and we finished at around a quarter after 10. That was after having attended an all day seminar on Friday. SUPERVISOR PELL: The Landfill Committee, which we did a lot with tonight , had an all day seminar they attended, three of them, out of the six Town Board members on Friday. They met Monday morning from 8:00 o' clock until a quarter after 10 and made recommendations to the Town Board today, the full Town Board, and we act upon their recommendations. Just because we go through a meeting like this in an hour it does not really tell the story of the amount of time that the Councilmen put in before a decision is made. Now I would like you all to identify yourself back there so it will go into the minutes that you are here. (Tom Daly, Ed Baumann, Bill Plock) (They are working on their Communications Badge. ) Good luck to all of you. We hope to see you all back here as Eagle Scouts some day. You' re on your way. Does anybody wish to address the Town Board? Yes, sir-- MR. FRANK CARLIN: This time it ' s not about the road or the bridge. This is not going to be maybe that friendly this time I want to say, but I feel I have to say it . I 've been to four Town Board meetings already and I have not yet to see the Highway Supervisor attend a meeting. ' I don' t think that ' s right. He ' s paid by the taxpayers, he' s voted by the taxpayers, it ' s his responsibility to be here to answer questions. I know somebody might want to ask a question. I know I have some. It would be appreciated if this would be looked into. And I ' ll say one more thing, Riverhead Town when they have a Board meeting, which is tonight , the whole Town Board is there, the Chief of Police, Town Supervisor, Highway Supervisor, Councilmen, Tax Assessors and all the way down the line. I ' d appreciate it if this be looked into. And I mentioned last week the lights and the picnic benches back in September. Well, I didn't quite explain really to you what I meant by September. You had an open Board meeting--if you check your minutes--you had ,an open Board meeting September 21, 1982. Open to the people because you had federal monies that you wanted people to suggest things to be spent on, and that ' s the reason why I was here. I suggested the light be put up on the curve and on the bridge, also some picnic benches at the park, which was all a negative. So that explains by what I meant by last September. Well I have faith at this time we' ll have our lights up and I think that we will have them up. Now, I don' t understand one thing. The small thing that you request from this Town you can never get done as far as I 'm concerned. The Knights of Columbus on Depot Lane asked for one street light to be installed and placed in front of their building there, their place of business, their organization. The women go to bingo there at night. Now I understand, I 'm not sure, I 'm not a hundred percent sure on this answer the Town gave them, but I think it was no money. Are we that low, gentlemen? We can say we can 't put one street light up for an organization? Really? SUPERVISOR PELL: Anything else? MR. CARLIN: Yes, back to the picnic benches. I ' d -like to see a half a dozen picnic benches up there. Last Sunday I happened to run out of film for my camera, I was going to go and take a picture of this family on the ground eating their lunch. What a disgrace to the Town it was, but I happened to run out of film. Now this one is from the CURVES Committee, like I said, we ' re going to continue this CURVES Committee for the Town of Southold for the. good of the people because we think it can do the people some good and for the safety. Now I have one, this is a request from CURVES--Sound Avenue and Pacific Street in Mattituck. May 27 I happened to be there and there was a puddle of water there about 150 feet , 8 inches deep. The south end of Pacific Street on Route 25 there' s a little gully there , that was full of water, no drains there. Now I understand up by Pacific Street there and Sound Avenue there is a drain there but 1 3 G June 7, 1983 evidently they 're not doing the job. Now, I took pictures of it , I don ' t have them ready, but the next Board meeting I ' ll have it official in writing, requesting that be looked into by Mr. Dean. If he was here I ' d be able to address him and photos of that water. They're not developed yet , I couldn't bring them tonight , and of also the water on up. In fact , when I was there taking the picture there was almost an accident . The water was almost 150 feet long, that puddle, not a puddle, it almost a lake and I understand that the drains are not doing the job and there ' s no reason why the water should be there and I ' d like to address, if he was 'here, Mr. Dean, to find out why something hasn ' t been done about it. So, I ' ll be making a lot more Town Board meetings as I find it very interesting and I 'm going to make this my second hobby, I got a lot more thing and I know what ' s going on around Town, I know quite a bit and you're going to see me quite often here, but we're going to continue on with the CURBS because we figure that this is something good for the . people and safety and if we can do anything for somebody to help them or save a life we intend to do it . This is the way I feel and I say what ' s on my mind, and whatever I say+.. I can usually back up. I can prove it or I can back it up. I don't just come up here and draw things out of the sky. I understand you had a comment? SUPERVISOR PELL: No, I was going to respond to some of your things. MR. CARLIN: Yes, sir, go right ahead. SUPERVISOR PELL: Picnic benches, as I said two weeks ago when you were here, I would look into them. I haven 't got to them, but I will look into see if we have any picnic benches and if we can put some up there. That I will respond to. I made a note of that. Mr. Dean is at all Work Session of the Board from start 'til finish. The Chief of Police usually will come in for a Work Session of the Board. Today the Chief was out of town, and his executive officer did come in and address the Board. We do not make the Chief stay here all day long, we feel we can be better served if he comes in and makes a report . Mr. Dean does stay with us all day long. ' We have, at different times, called our Assessors in, Tax Receiver: --- We did not have him in today, we had him in two weeks ago when we met . We went over some stuff with him. We do' call all our elected officials in at different times to talk to the Board. MR. CARLIN: No, what I 'm talking about here is the open Board meeting like we have tonight . I feel he should be here, not at a closed Board meeting like you have during the day. I feel at an open Town Board meeting he should be here. He' s part of the Town Board, he' s a paid official , he should be here to be able to answer questions directly, not have to go through Mr. Murphy who is his boss, so I might want to say something to him and I have some things to say to him, believe me, but he ' s not here. SUPERVISOR PELL: Councilman Nickles would like to respond to that . COUNCILMAN NICKLES: I 'd like to respond to that . Ray Dean is . Superintendent of Highways and Ray Dean' s only boss is the people of Southold Town. Ray Dean does not work for the Town Board, Ray Dean is not on the Town Board, in fact you are looking at the entire Town Board, which is ,the six gentlemen here. The other people on here, one is the Town Attorney and one is the Town Clerk. They are not on the Town Board. As Mr. Pell pointed out , the Highway Super- intendent is here from our start in the morning until the time we left here at 6: 30, and he does not sit on this Town, Board. If you' d like to speak to Mr. Dean about attending public meetings, that ' s up. to you, but it ' s not up to this Board to direct him. He is just the same as the Tax Assessors. They're independently elected. The only control that we have over the Tax Assessors is their budget when they submit it in the fall. We can 't tell them how much to appraise people' s property or lower their assessments or whatever and we can' t direct them to attend Town Board meetings. They 're available to the public, as is Mr. Dean. I know he keeps .regular office hours. The meetings that we have, by the way, in the daytime are not closed. They're open to the public. The only time we close our meetings is if it involves litigation or personnel and I 'm sure someone on the Board will convey your sentiments, but I want it to be clearly understood that the Chief of Police . reports to this Board and I don' t believe the way it ' s set up he reports to the public- at-large. He is a department. head, he reports directly to us. If we have a question of him or if we 're aware that some item is arising June 7, 1985 37 that may come up in the evening session or even a daytime public session that we're aware we may need him to assist us, then we invite him to .come, but generally they only come, such as the Chief of Police, when the Supervisor or the Town Board usually has him in once a month to make a monthly report and to tell us of particular problems within the Town and the six people up here are . your Town Board. We're . responsible to you. Whatever your problems are we ' ll try to solve them. If it relates to Mr. Dean I suggest you see Mr. Dean in person. MR. CARLIN: Isn't Mr. -Dean voted by the people? COUNCILMAN NICKLES: Yes, but he' s not on the Town Board, and he doesn't hold meetings. MR. CARLIN: He's hired by the Town. COUNCILMAN NICKLES: He' s not hired by the Town. He is hired by the people of Southold Town. He runs for office as Highway Super- intendent . MR. CARLIN: How can he be so different fror.-,-;other towns when .they have their Supervisor--Riverhead has their Highway Supervisor at every meeting that they have at night . How can he be so different? Can you answer that? COUNCILMAN NICKLES: - We feel we're different out here. MR. CARLIN: I know you're different . How can you say that . In Riverhead the Police Chief was there at their meetings and you say you have open in the afternoon. Half the people are working in the afternoon. Half the people can 't get here in the afternoon. SUPERVISOR PELL: This is why, Mr. Carlin, I 've been on the Board six years, probably senior member of the Board here. There has . been set up since I 've been on here to operate--we used to operate two daytime meetings. Because of what you just said, half the people cannot get here, we have one meeting now at night and one _ in the afternoons. As Councilman Nickles says, the 'Working Sessions are visited by many people, the press is there all day long. Today we did go into Executive Session at quarter of two, I think, and got out of it maybe quarter after, half past two. We were talking negotiations on land and personnel. Other than that there was people in this room all day long and Frank Bear was one of them, I believe. They are open meetings. We do have people coming in all day. We run--every Town has a way they run their Towns. Riverhead might have a policy and they like to follow it to have all their elected officials. Perhaps elected officials like to be there when the public is there. In this Town for the last six years there has been--when the Town Board meetings are in session, the Town Clerk, who is responsible for the records of the Town, has a responsibility to be there, and your Town Board members had the responsibility. The rest of the elected officials that the public elects answer only to the public who elect them. If Mr. Dean did not show up in his highway barn, this Town Board could not do a thing about it . MR. CARLIN: He has no boss then? SUPERVISOR PELL: Yes he has, you, you're the boss. MR. CARLIN: Well, that 's what I 'm here for. COUNCILMAN NICKLES: You have to go see him. He doesn't come here. This is a Town Board meeting. SUPERVISOR PELL: We have no control over elected officials. Elected officials answer only to the people who elect them. We do control the budgets. That ' s the only thing we control. MR. CARLIN: Then from now on--I guess Mr. Murphy, you're his boss as a Town Councilman, aren ' t you over Dean? MR. MURPHY: No. SUPERVISOR PELL: No, nobody is over Dean. MR. CARLIN: Then who do I address at the next meeting if I have something to say about the roads? 1. 38 June 7, 1983 COUNCILMAN MURPHY: Mr. Dean. MR. CARLIN: But he' s not here. COUNCILMAN NICKLES: You can address me or Joe Townsend. You can address Joe Townsend, he' s chairman of the Highway Committee. MR. CARLIN: My next Board meeting will be roughtly highways, so I ' ll give you advance notice. Who will I address at the Town Board? SUPERVISOR PELL: Why don't you stop in and see Mr. Dean? MR. CARLIN: I have to have somebody I can address. What happens if I want to say something to the Tax Assessor? I 've got a question for him, where is he? COUNCILMAN NICKLES: He' s right here in the Town Hall. You pick up' the telephone and come down here, or come down, the place is open five days a week 9:00 to 4:00. Mr. Dean' s in his office 8:00 o ' clock in the morning until 4: 00 o ' clock. MR. CARLIN: It just doesn' t seem right policy to me. Can I say one more thing before I leave and that will be the end of this tonight there will be a good many more to come. Getting back to Judge Tuthill. I remember Judge Tuthill and I remember Mr. Price. Good people, rest his soul in peace, Mr. Price and Judge Tuthill was wonderful `man. I want to tell you how I got that one street light in front of my house there fifteen years ago. I called Judge Tuthill up one night and I told him I said, Judge you know, the trucks have no way to see to back up here and it would be nice if we could put a street light up here. He says, okay, Frank, I ' ll look into it for you. Within a weeks time a street light was up and he put one down by the bridge and he put one down by the curve and he called me up and he says, are you satisfied, Frank, was that enough? I said, yeah, that will help for now. I guess those boys are gone and those days are over. Thank you. SUPERVISOR PELL: Thank you. COUNCILMAN MURDOCK: One thing I ' d like to respond to Mr. Carlin about is unfortunately in those days they didn't have to deal with the Long Island Lighting Company who has to have an engineer and who has to tell you in about six weeks time whether you have permission to rent space on their utility pole to put up a street light . It no longer is a matter for us to say, well we want to put up six street lights and we' ll do it, because we have already decided in discussion today that six street lights will be installed to the west side of the bridge. We have to write to the lighting company, we have to give them the pole numbers, we have to request permission to put the street lights on and the rent will be paid, and that process will take six weeks to ten weeks and nobody in this Town Board .could move it a day faster because we do not control LILCO. MR. CARLIN: That ' s not the question. The question is you allow for six weeks to ten weeks. You don 't allow for eight months. I asked for street lights last September and this is eight months and I never seen them yet . Who we kidding here, man? I understand it takes time. I work with paper work all day long. SUPERVISOR.'PELL: Thank you. Anybody else wish to address the Board? Yes, sir--- MR. STUART HARVEY, Southold: The hydrant we put in. How much, does it cost us? SUPERVISOR PELL: It will cost us--the Village of Greenport puts it in and then we pay a monthly rental charge of approximately $75. 00 per year. MR. HARVEY: Maintenance charge. SUPERVISOR PELL: Maintenance, yes. MR. HARVEY: Why do we have to put a new hydrant in? -- SUPERVISOR PELL: It.' s an area that has built up over the past years and they `put a water main down there a few years ago. June 7, 1983 139 MR. HARVEY: Oh. Number 27: We 're back on the roof again. I think this should be done as a survey to repair to repair it , not replace it . SUPERVISOR PELL: This is what it could be--the outfit could come up with that recommendation. MR. HARVEY: Because I don 't think that that--it ' s bad, but it ' s not that bad. SUPERVISOR PELL: This is one of the things that Mr. Meredith talked about , whether it should be repaired or replaced or what . MR. HARVEY: Okay. This M. I .A. banner. Is that open for discussion? Are you going to discuss some other time? SUPERVISOR PELL: The Town Board did decide to---we have numerous request for banners to fly from the flag pole. Now we have the County Legion Convention in Town. We 're going to fly it that day that the parade is on. MR. HARVEY: But we won 't fly it daily? SUPERVISOR PELL: Day in and day out , no. MR. HARVEY: Okay, thank you. MR. CARLIN: Will I have a reply on those two requests by the next Board meeting on the. picnic benches and light for the Knights of Columbus? Will I have a reply on that? SUPERVISOR PELL: That ' s two, what ' s the third one? MR. CARLIN: On the waterT SUPERVISOR PELL: I made notes on all three, yes. MR. CARLIN: Okay, very good. SUPERVISOR PELL: Anybody else wish to address the Town Board? (No response. ) If not , I 'm going to call for a recess to reconvene Mr. Occhiogrosso ' s wetland permit appeal. Moved by Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that a recess be called at this time, 8:50 P.M. , for the purpose of reconvening the hearing on the wetland permit appeal of Mr. Thomas Occhiogrosso. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Regular Town Board meeting reconvened at 9:40 P.M. Moved by Supervisor Pell, seconded by Councilman Murdock, WHEREAS, Thomas Occhiogrosso has requested a hearing on a violation of the Wetland Ordinance of the Town of Southold, and WHEREAS, said hearing was held by the Southold Town Board at 3:00 P.M. , Tuesday, June 7, 1983, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sustains Building Inspector Hindermann in his charge of a violation of the conditions of Wetland Permit No. 27 issued on September 11, 1979. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Supervisor Pell , seconded by Councilman Murdock, it was RESOLVED that this Town Board meeting be adjourned at 9:41 P:M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED.