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HomeMy WebLinkAboutTB-04/19 & 04/20/1982 105 SOUTHOLD TOWN BOARD APRIL 19, 1982 April 20, 1982 IVORK SESSION - April 19, 1982 3: 00 P. M. - The Board met with Sybil Mizzi and Paul Fink of Pan Tech Management Corp. to discuss the allocation of the $243, 200. 00 in Federal Community Development' Block Grant Funds which the Board expects to receive in July. After considerable discussion and recommendations by each member of the Board, final allocation figures were arrived at and the result appears in Resolution No. 1 at the regular meeting on April 20th. ---Mrs. Mizzi and Mr. Fink will return in two weeks to discuss the rehabilitation project at 7th, 8th, 9th Streets, Greenport . 4:45 P.M. John Bianchete, Suffolk County Office for the Aging, Venetia McKedghan, Southold Town Nutrition Program, -and Bessie 'Swann, CAST met with the Town Board to discuss the Home Aid Program presently under the fiscal control of the Economic Opportunity Council, and administered by CAST. EOC cannot afford to continue the program. and CAST cannot handle the fiscal control . EOC would like the program continued and would like the Town to administer it through the Nutrition Program. Under this program CAST has five people who serve 70 people in the Town by cleaning their homes, cooking and providing other home services. The Town is asked to provide 57o of the program in in-kind services (account clerk, office space, etc. ) which can be those services provided at the Nutrition Center. Supervisor Pell and Councilman Townsend will look i�'to the insurance costs. Supervisor Pell, Town Attorney Tasker and Mrs . McKeighan will meet to discuss the proposal and report at the next meeting. 5: 15 P.il. - Vincent Wieczorek of the Southold Town Fire Chiefs Council appeared before the Board to discuss the Council' s request for funds to charter a bus to New York City Fire Department . The Council does not have funds allocated to them from the fire districts, their only funds come from dues paid by the members. The Council made this same request in 1978 and did not take the trip. The Board agree to place ,a resolution on the April 20th agenda (Resolution No. 4) approving funds to charter a bus. On motion of Councilman Nickles, seconded by Justice Edwards, it was RESOLVED. that this Town Board Work Session` be .recessed for an Executive Session at this time, 5: 30 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. EXECUTIVE SESSION 5: 30 P.M. - Special Attorney Richard J. Cron met with the Board to discuss pending tax q.ertiorari cases. On motion of Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that this Exec. Session be recessed until 9: 00 A.M. , Tuesday, April 20, 1982, Southold Town Hall , Main Road, Southold, New York. Vote of the Town Board: Ayes: Justico Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 106 APRIL 20., 1982 EXECUTIVE SESSION - April 20, 1982 9: 00 A.M. - The Board discussed the proposed Southold Town Police Department promotions to Lieutenant and Sergeant . Chief Winters was present . Discussed proposed acquisition of property. Executive Session adjourned at 10: 00 A.M. WORK SESSION 10: 00 A.M. - Members of the New York State, Disaster, Preparedne'ss Commission met with the Town Board: Bruce McQueen, Executive-Director, Jerry or on, N.Y. S. Office of Disaster repare ness,: "Joe: Pbloni, a e ou ern District at Poughkeepsie, Burkl"ey Bennett, Suffolk County Office of Emergency Preparedness. Mr. McQueen explained the function of the Disaster Preparedness Commission which will assist the Town in setting up a disaster plan . The Commission will pay their own costs and the only cost to the Town would be that of a person assigned to work on the project, and the cost of printing the plan. It was made clear to the Town that they are not proposing to set up a nuclear disaster plan. This is a plan for solely natural and man-made disaster. They would involve highway, police and fire departments in the overall plan. The Town Board is agreeable to the preparation of such a plan and will assume the cost of a Town employee to assist the Commission, and well as printing costs of the plan. 10: 30 A.M. - Chief Winters met with the Board to discuss the purchase of a generator for Police Headquarters. Money has been provided in the 1982 budget for this purchase. 10: 35 A.M. - Councilman Townsend discussed the proposed. Local. Low for a Landmark Preservation Commission , and introduced Mr . .and Mrs. Godfrey of the Orient Historical Society who had 'reviewed- the .proposed Local Law for Councilman Townsend. (Resolution No. 15 on agenda. ) 10: 45 A.M. - The Board began reviewing the agenda. 12: 10 P.M. - Recess for lunch. 1: 35 P.M. -1Resumed reviewing agenda and off-agenda items . 2: 45 P.M. - Howard Pachman, Esq. met with the Board to discuss the application. of Patricia Marco to renew her .trailer permit for an additional six months. Mr. Pachman stated .that the Marco' s have received Planning Board approval for set off and site plan,"".,,and have hired Garrett Strang to prepare plans for construction of`-.a home. He assured the Board/that a six month extension from thi's .date would give the Marco's time to construct their home and the trailer would be removed. (Resolution No. 3 on the agenda. ) REGULAR MEETING - 3: 00 P.M. A Regular Meeting of the Southold Town Board was held at 3: 00 P. M. , Tuesday, April 20, 1982 at. the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting -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 Superintendent of Highways Raymond C. Dean APRIL 20, 1982 107 On motion of Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that the minutes of the Regular and Special Meetings of the Southold Town Board held on April 6 and 7, 1982 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 Murphy, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7: 30 P.M. , Tuesday, May 4, 1982 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. I . REPORTS SUPERVISOR PELL: The following reports have been submitted to the Town Board and they are placed on file in the Town Clerk' s Office is anybody cares to review them. 1, Town Trustees report for the month of March 1982. 2. North Fork Animal League March 1982 report. 3. a. Justice Tedeschi ' s report for March 1982. 3. b. Justice Edwards' report for Marc.h 1982. 4. Board of Assessor ' s monthly report — March 1982. 5. Councilmen ' s reports - Councilman Murdoch? COUNCILMAN MURDOCK: Whether the people of the Town realize it or not we have been counting cars up at the Disposal Area. We had our first weekly total of this project where we' re trying to assess how much municipal solid waste is coming in and -things are going along well. Thank you. SUPERVISOR PELL: Councilman Nickles? (Nothing) Councilman Murphy? (Nothing) Justice Edwards? (Nothing) . I have three or four things I would like to bring up and report so they will be part of the minutes. A group of Southold Town residents, two plus myself, did meet with the Long Lsland Railroad in Jamaica and the people from Southold Town told them what they would like to see done and the gentleman we met with was very receptive, at least he listened to US. We came home with no promises but a meeting was held and they will get back to us. Assemblyman Behan chaired a meeting the other day that was called by Mr . Griffing from Shelter Island 'on Peconic County to see if anything could be done on a state-wide referendum. The Town Board has purchased the land in Mattituck from Norris for a parking lot to be fixed up in Mattituck. We have one year to fix it up according to the right-of-ways that had to be changed. A week or so ago the Chief of Police and myself made a trip to Fishers Island to the Civic Association meeting. It was the third one I made since I have been sitting in this chair. They had 47 people out . It was the largest crowd that every was there and it was a very nice meeting. They received the Town very well and they appreciate the many things the Town has done over the last year there . They complimented Mr . Dean and his road gang on the highway snow removal this year . They said it has been the best it has been in many months and the past storm we had just a couple of weeks ago his forces were out and did a 'find job and they were very pleased with their highway men over there and the work. II. PUBLIC NOTICES COUNCILMAN MURPHY: There are eight public notices and rather than do it each time I would like to -state that all of them are on file with the Town Clerk and are posted on the Town Clerk' s Bulletin Board: 1. New York State D.E.C. for application of Anthony E. Vallace by Enconsultants to construct a 60 ft . by 4 ft . catwalk a minimum of 3 ft . over grade, with a 12 ft . by 4 ft . hinged ramp and 20 ft . by 8 ft. float at the end. Dock is to be located on right of way approx- imately 110 ft . west of Nassau Point Road on Broadwaters Cove. Comments . by April 28th to the D.E.C. 2. New York State D.E.C. application of Robert Dier, 41 Manta Court , Oakdale for Tidal Wetlands, Protection of Waters, Water Quality. To reinforce existing dock pilings with 3. 7 cubic yards of concrete on the last 17 piles on/.dock (total 62. 9 cubic yeards) . P_xoject site is 108 APRIL 20 , 1982 located on Terry Lane, in Southold Bay. Comments by April 28th to New York D. E.C. 3. D.E.C. application of Vincent W. Annabel, Stillwater Avenue in Cutchogue to subdivide a 2. 2- acre parcel into two residential lots of 40, 000 square feet and 57, 000 square feet. Project site is on west shore of Eugene' s Creek at east end of Midwood Road, Cutchogue. Comments by April 28th to D.E.C. 4. D. E.C. application by Charles P. Ziegler , Pt . Pleasant, Mattituck to subdivide a 133, 300 square foot parcel into lots 47, 500 and 85, 800 square feet and in conformance with the Tidal Wetlands Land Use Regulations minimum lot size requirements. The project is located on the west side of Mattituck Creek east of Home Pike approximately 700 feet north of the intersection of Silkworth Road with Westphalia Road in Mattituck. . Comments -by April 28th. 5. D.E.C. application by J. D. Posilli.co,' Sr.. , ' 100 Broad Hollow Road, Farmingdale, Tidal Wetlands, Protection of Wa.ters, Water Quality, to construct 40 ft . by 2 ft. timber groin perpendicular to existing rock rip-rap wall along westerly property line. Project site is located on the southeast side of Camp Mineola Road, Peconic Bay, Mattituck. Comments by April 28th to the D.E..C. 6,. Department of the Army, Corps of -Engineers- Public Notice , on the application of Mr. Joseph. Cavalier, Fort Lee, New Jersey for a dredging, riprap, walkway and ramp permit at Matti.tuck_ Creek. The applicant, Mr. Joseph Cavalier proposes to create a mooring for commercial vessels in Mattituck Creek, Town of Southold., The area, as shown on the attached drawing, would be dredged by clamshell to a maximum depth of 7 feet below the plane of mean low water.. ' ..Approx- imately 3, 000 cubic yards of dredged material, which is 50% sand and 50% gravel, would be removed initially. The shoreline would be stabilized by placement of stone riprap and planting of Spartina alterniflora. The applicant states the proposed work -is required to create a commercial mooring facility for 2 or 3 commercial work boats._ Comments by May 14, 1982. 7. Public Notice, Department of Environmentah..Conservation is reviewing the application of Mr . Steve Malinowski of." Fishbrs Island to'-obtain an Off-Bottom Culture of Shellfish. Permit, ` n�.luding a Temporary Marine Area Use Assignment , which shall allow the ment and maintenance .of up to 80 wooden trays measuring. 3x7x4 _-_i the waters of West- Harbor, Fishers Island, Suffolk County: Publ-ic.- 'Comment : The subject application may be reviewed at the address,.. giveri. 1-o'low which is- Stephen A. Hendrickson, Department of Environmental Conserva- tion, Stony Brook, B�Lilding #40. :f 8. Application to the D.E. C. , Public Hearing notice of Stanlev Chase/Rodney T. Buckham by Enconsultants, Inc. to..subdivide 44, 776± square foot lot into 28, 000± square foot lot with existing h-oa;se and construct a. single family dwelling and septic system on . ' n 16;.7:' square foot lot. The hearing will be held on May 21st, 1982 at::;;l0:;j00 A.M. at the Southold Town Hall and documents are on file at ._the,.' , .C. Environmental Conservation office, Room. 213, Building 40,'at -,;stony Brook. SUPERVISOR PELL: Thank you very much. As Frank said, these are on file at the Town Clerk' s Office if anybody wishes to review them. III . COMMUNICATIONS SUPERVISOR PELL: These also are on file in my office and with the Town Clerk if anybody wishes to go into them in detail. 1. This pertains to the. Port of Egypt . They want to put a barge in there to enlarge their restaurant and fish market . 2 . Cedar Beach Park Association is looking for support. in jetties. They also thank us for the work that has already been done in opening up the mouth of their creek. 3. Boy Scout Troop 477 asking that on Arbor Day they be given permission to plant four trees up. on the Recreation Center property. Permission will be given them to plant the four trees and it. will be under the direction of Mr. Dean, Commissioner of Public Works. 4. Letter from Assemblyman Behan saying that Suffolk County will; receive $3. 5 million dollars in aid out of which Southold Town will get $11, 000 of it . This is unanticipated revenue. The Board has one question, why is Southold Town, out of $3. 5 million dollars, only getting $11, 000. We will go back, and ask for the formula that used. 5. Copy of the new Fire Safety Standards for Areas 'of Public Assembly enacted by the Staae of New York and how they are. going to go into -effect . As you know the governor signed it into law and it started April 1st, a new code for places of public assembly, 50 people or more. ` I APRIL_ 20, 1982 z: 109 6. Request from Fishers Island Electric Corp. to be considered in any of the new lighting programs that we have going on in the Town in upgrading their lighting district over there. 7. We had people from the State and County here today to address the Board on their willingness to help the Town write emergency 1n ans on any disasters that might affect the Town of Southold. They will come out with their people who are well versed in these things and sit down with the Town, department heads and Town Board and try to come up with a plan. They are doing this throughout the state . The cost to the Town will be the cost of printing the booklet when it is done and the people ' s time involved, such as mine and Councilmen and department heads. The agency is the New York State Disaster Preparedness .Commission. 8. Letter from William Terry commending the Board on acting and support their efforts in trying to get the clamming under some sort of regulations. The new permit system that was recommended to the Town Board by the Town Trustees . 9. Letter from Gregory Blass in reference to the centralization of the courts from Riverhead to Hauppauge. He asks our support . We .already have passed a resolution on this to keep them where they are. A copy of this resolution will be sent to him again, and to Dr. Koppelman where he requested it be sent . 10. Request from the Cutchogue Free Library to be considered in the Community Block Grant in 1982-83. We did consider them. IV. HEARINGS - There will be two hearings beginning at 3: 30. . V. RESOLUTIONS SUPERVISOR PELL: We have 39 resolutions. We will try to get through a few of them as we go along. Number 1 is the way the Board discussed they would like to spe the Community Block money spent for 82-83. The Town is to receive a total of $243, 200. 00. When the Councilmen reached this agreement, including myself, it was through give and take. We all had our projects we would like to see go forth with priority. It was not a nice meeting we had with this. We had rather heated words perhaps at times. I know Joe felt very strongly about CAST. I felt strongly about the oil tanks . Somebody else felt strongly about the drainage. Somebody else felt strongly about landfill. We put numbers back and forth, up and down and all six of us sitting up here had to make sacrifices. As in any way, the majority always rules. This is no exception. The way the money will be earmarked to be sent is set forth in the following resolution. 1. Moved by Supervisor Pell, seconded by Councilman Murphy, , WHEREAS , in July 1982 the Town of Southold expects to receive approximately $243, 200. 00 in Federal Community Development Block Grant Funds, and WHEREAS, these funds may be used, and have previously been used for a variety or projects to be selected by local officials, and WHEREAS , the Town Board of the Town of Southold held a public hearing at 7: 30 P.M. , March 9, 1982 at the Southold Town Hall, at which time Town residents were invited to express their views on local needs to be met with these funds, now, therefore, be it RESOLVED that the following projects have been selected to be undertaken with the Federal Community Development Block Grant Funds: $75, 000. 00 - Housing rehabilitation - Seventh, Eighth, Ninth Streets, Greenport, and houses adjacent to Landfill Site, Cutchogue. $50, 000. 00 - Capping Landfill $10, 000. 00 - Cutchogue Library - handicapped access $50, 000. 00 - Mattituck Parking Lot - paving $10, 000. 00 - Fishers Island-blacktop basketball recreation area $10, 000. 00 - Fencing Drainage areas $ 5, 000. 00 - Reconstruction fund - North Fork Community Theatre $33, 200. 00 - Adminstrative Costs . SUPERVISOR PELL: As I said before there are some items on here that were crossed off as we went over them, such as the Mattituck oil tanks, such as CAST in Greenport, 'such as the Nutrition Program in Greenport and a few others . But as I said, the Board did spend a lot of time on this and I know we are going to have a lot of unhappy people on this but it is the decision of the Board and this_ is the way it stands . Any discussion from any Board members? 110 APRIL 20 , 1982 COUNCILMAN MURDOCK: I will, Bill . I feel very strongly about the Mattituck Inlet position. I represented very heartily to the Board that they continue to set money. aside. I feel that when the need is fullfilled and when the need becomes present that money should be available. , I still feel that if the situation today were as inflamatory as it was two years ago that any member of this Board would have° voted at this time again to try and attempt to set money aside to rectify that situation. It is the old adage the squeeky wheel gets the grease. Because the gentleman involved wa s. so uncaring he eventually put himself out of business and we haven' t had .gasoline or oil products leaking from those tanks so it ' s calmed down a little. . That does not mean that the problem is finished or alleviated and I had recommended very/strongly that the Board continue tq try and fund that project . I like each of the members of the' Board will vote for the total package but at this time I feel that I should ask very strongly that next year' s allocation of moneys the Board consider putting the additional money in that they withheld this year. That problem will not go away. Unfortunately the nature of the man that we ' re dealing with we have not been able to effect a resolution of .the problem as yet but when the time comes we' re not going to be able to resolve it without money either and the opportunity to put money there really should be an expression .of commitment by this Board to solving a problem and I do look at that money as a commitment by the members of this Board to solve that problem and I ' m just sorry that as in everything there is never enough money to go around. I 'm just sorry that the other members of the Board have sort of left that project slide 'from importance to them. Again I ' ll repeat, if it were as active today and were a project as a sore spot as it was two years ago, I 'm very sure every member of the Board who did not support putting the money in would be right on line saying they' re all in favor of it. Now is the time to be in favor of it as much as when it is .a violent problem. Thank you. SUPERVISOR PELL: Any other Councilman wish to say anything before we call the roll? COUNCILMAN TOWNSEND: I 'd like to say something. Pursuant to,,--.-,;hat Larry was saying I was not on the Board two years ago when-th.is thing was before "you because of leaking tanks and perhaps didn.',t share the sense of urgency at that time, although I ' m--I think I 'm aware of how people feel there and I certainly do understand t.he'.disappointment they will feel there in losing this money but on the other. side of the coin, there are many vital interests in the Town of Southold that have to the considered. As you said,. Larry, there is no longer an imminent threat to. that particular piece of property in that there are various` laws that would now preclude those tanks being used for that purpose. We have pending or we should have pending, ,I don' t think that we set it up for a hearing yet but we should have done that I think at this meeting, the ordinance that would limit the amount of stored fuel in any tank within a thousand feet of the water. I think that will go a long way in eliminating that particular type of problem. Thereare various zoning remedies .for inappropriate uses that can be taken. I think that 's the course you should take at this point. We do have a hundred thousand dollars designated for that area. It seems a little bit. in error for the Town Board to tie up two hundred thousand dollars that could be used for other urgent purposes at this point for that reason, and that ' s why I'm voting for the .package the way it is. SUPERVISOR PELL: Thank you. Any other Councilman wish to say any- thing on this? (No response. ) Call the roll Town Clerk. 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: Councilman Townsend will you prepare the resolution and have it looked ipto, the one that you referred to. . : TOWN CLERK TERRY: You're talking the petroleum storage tanks? :. SUPERVISOR PELL: Yes. APRIL 20, 1982 111 TOWN CLERK TERRY: The Local Law has been prepared and has been - referred to the Planning Board for their recommendation, which we must receive for a public hearing can be scheduled. SUPERVISOR PELL: Resolution No. 2 (Southold Town Cable Television Advisory Committee) is something I recommended to the Board a month and a half ago. I recommended it again to the Board today. - The decision of the Board---this is to create a Cablevision Advisory Committee to the Board with certain responsibilities to the Board to help us evaluate some of our problems with them. Cablevision, in the last part of May or mid-May will be coming down to Southold Town from Albany. The Commissioner is going to send somebody down. The Board feels it would like to wait before it creates this advisory board until after the Commissioner' s Office send somebody down to go over it with the Town Board on the areas we would like to talk to them about. So I' ll put a hold on this for the second time. Maybe the third time it will be looked upon favorably. It will be back on the agenda in the last part of May. 3. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the application of Patricia Phillips Marco, dated March 25, 1982, for permission to renew single family trailer permit on her property located on the south side of Indian Neck Lane, Peconic, New York, be and hereby is Granted for a six (6) month period beginning April 20, 1982. 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 Murdock, seconded by Justice Edwards, WHEREAS, in 1978 the Town Board of the Town of Southold authorized Southold Town Fire Chiefs Council to charter a bus at Town expense to go to New York City to visit the New York City Fire Department, those funds never having been used, now, therefore , be it. RESOLVED that the Town Board of the Town of Southold hereby author- izes the Southold Town Fire Chiefs Council to charter a bus , at Town expense, in the amount of $370. 00, to transport their group to visit the New York City Fire Department on April 25, 1982 . 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 5 we are going to wait two weeks for this one and put it on the agenda. - I need a little more information on . that one. (Bids for furnishing and delivering luminaire type out- door lighting fixtures. ) 6. Moved by Councilman Murphy, seconded by Councilman Murdock, WHEREAS, Enconsultants, Inc. on behalf of Friedrich Krug applied to the Southold Town" Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated February 4, 1982, 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 6th day of April, 1982, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Enconsultants, Inc. on behalf of Friedrich Krug be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to replace timber bulkhead and backfill with clean sand fill to be trucked in from upland source at Budd' s Pond, off Budd' s Pond 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. SUPERVISOR PELL: I would like to recess at this time for the necessary time it takes to conduct two public hearings we have scheduled. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that a -recess be called at this time "3: 30 P.M. for the .112 APRIL 20,- 1982 purpose of conducting two public hearings: (1) Proposed Local Law to Amend Vehicle and Traffic Ordinance, and (2) Application for a Wetland Permit by Enconsultants on behalf of Kathrine Farr. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Meeting reconvened at 4: 00 P.M. 7. Moved by Councilman Murphy, seconded by Councilman Townsend, WHEREAS, the Town Board proposes to establish a Wastewater Disposal District in the Town of Southold, pursuant to provisions of Article 12-A of the Town Law, and WHEREAS, the establishment of such .district must be based upon a Map, Plan and Report, now, therefore, be it RESOLVED that , pursuant to provisions of Article 12-A of the Town Law, the sum of $2, 200. 00 be and the same hereby is appropriated to pay the cost of preparing a general Map, Plan 'and Report for providing the facilities, improvements or services in the proposed Wastewater Disposal District, . and it is further RESOLVED that this resolution is subject to a permissive referendum. 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 Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Toyn Board of the Town of Southold 'appoint Gerard P. Goehringer a member of the Southold Town Board of Appeals , effective April 30, 1982 for a five (5) year term to end on April 30, 1987. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. R. Moved by Justice Edwards, seconded by Councilman Murdock; it ---was,,. RESOLVED that the Town Board of the Town of Southold appoint James M. Wall a member of the Southold Town Planning Board, effective April 30, 1982 for a five (5) year term to ,end on April 30, 1987. 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 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 Enconsultants, Inc. on behalf of Anthony E. Vallace for a Wetland Permit to construct a timber dock consisting of fixed elevated catwalk, hinged ramp and float secured by two pilings at Broadwaters Cove, off Nassau Point Road and Old Cove Road, Nassau Point, 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. Because there has been no 'response in the allotted time from the New York State Department of ,Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman, Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 11. Moved by Councilman .Murphy, seconded by Justice Edwards , WHEREAS, . a petition. was received ,from Jem Realty requesting a change of zone on certain property at Greenport, Town of Southold, New York from "A" Residential and Agricultural District to "M" r - APRIL 20 1982 113 Light Multiple Residence Dist, "'B" Light Business 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 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. f This resolution was declared duly ADOPTED. 12. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Jem Realty for a change of zone from "A" Residential and Agricultural District to "•M" Light Multiple Residence District and "B" Light Business District on certain property located on the northerly side of North Road (Route 25), 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. 13. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold approve the application of . Herodotus Damianos, dated March 25, 1982 for renewal of his trailer permit located on the north side of Main Road, Peconic, 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 . 14. Moved by Justice Edwards, seconded by Councilman Murphy, 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 Barbara Rader Punch for a wetland permit on certain property located on Goose Creek, at _ 40 Beachwood Lane, Southold, New York. Vote of the Town Boafrd: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 15. Moved by Councilman Townsend, seconded by Councilman Murdock, it.was RESOLVED that the Town Board of the Town of Southold will hold a - public hearing at the Southold Town Hall, Main Road, Southold, New York on the 18th day of May, 1982 at 3: 45 P.M. , at which time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law to establish a Landmark Preservation Commission and to Prescribe its duties, " which reads as follows: The Code of the Town of Southold is hereby amended by adding thereto a r}ew ,Chapter to be Chapter 56 to read as follows: Section 56-1. Short Title This chapter shall be known and may be cited as the "Landmark Preservation Law of Southold Town". Section 56-2. Declaration of Purpose and .Policy The Town Board finds there exists in the Town of Southold places, sites, structures and buildings of historic or architectural significance, antiquity, uniqueness of architectural design or construction, or unusual aesthetic interest or value by reason of being representative of a style or period of extraordinary architectural merit which should be conserved, protected and preserved to preserve the architectural character of Southold Town,contribute to the aesthetic value of the Town, and promote the general good, welfare, health and safety of the Town and its residents. Therefore, it is the purpose and policy of this chapter to establish a Landmarks Preservation Commission and procedures which it can follow to assist and advise. Southold Town residents and landowners in order to con- 114 ,, APRIL 20, 1982 serve, protect and preserve such places, sites structures and buildings, thereby preserving the unique character of Southold Town which will substantially improve property and commercial values in the Town and make its villages and hamlets even better places in which to live. Section 56-3. Definitions As used in this Chapter, the following terms shall have the meanings indicated: COMMISSION - The Landmark Preservation Commission established pursuant to this Chapter. EXTERIOR ARCIIITECTURAL FEATURES - The architectural style, design, general arrangement and components of all of the outer surfaces of any building or structure. HISTORICAL SIGNIFICANCE - The quality of a building or structure based upon its importance to the neighborhood, its identification with historic persons or events, or its role in the development, heritage or social or cultural development or characteristics of any part of Southold Town. ARCHITECTURAL SIGNIFICANCE - The quality of a building or structure based on its date of erection, style and scarcity of same, quality of design and its scale, fenestration, trim and manner and materials of construction, alteration and desecration of original design, present condition and appearance or other characteristics that embody the distinctive characteristics of.a.type, period, or method of construction, or that represent a significant and distinguishable entity whose components may lack individual distinction, or contribute t.o-aY e:-ambiance of the locality. Such structures include styles as: 1) Greek Revival; ' 2) Italianate, 3) Queen Anne, 4) Mansard, 5) Carpenter Gothic. . Distinctive characteristics of these styles would include, but not necessarily be limited to, exterior design ele- ments. LANDMARK - Any place, site, structure, group of.striz.ctnres; building; path, monument, tree or trees, ponds, dams, rock formations, cliffs, hills or places where id ratifiable historic events occurred, each of which has historical or architectural significance. LANDMARK DESIGNATION - The designation of a Landmark pur- suant to the provisions of this Chapter. f STRUCTURE - Any assembly of materials, forming a :construction framed of component structural,parts -for occupancy or use, including buildings. Section 56-4. Landmark Preservation Commission A. There is hereby created a Landmark Preservation Commission which shall consist of five members to be appointed by the Town Board, to serve without compensation. B. The term of office of each member appointed to said Commission shall be two (2) years, provided, however, that of those members first appointed, three (3) shall be appointed for one (1) year, and two (2) shall be.appointed for two (2) years. If a vacancy occurs other than by expiration of a term, it shall be filled by the Town Board by appointment for the unexpired term. C. Meetings of the Commission shall be open to the public. Meetings of the Commission shall be held at such times as the Commission may determine, or at the call of the Chairman, or'at the request of two' members. Three members of the; Commission shall constitute a quorum for the transaction of business. The. Commission shall keep written minutes of its meetings, showing the vote of each member upon all questions voted upon, and such minutes, together with all records of the Commission shall be promptly filed with the Torn Clerk. . D. The Commission may appoint from"its members, a. Chairman, and a secretary, each of`whom shall serve for a term of one year, or until their successors are appointed. APRIL 20, 19.82 " ^' 115 E. The Commission may ,incur such expenses in the performance of its duties as may be authorized .and appropriated-by the Town Board. Section 56-5. Duties of Commission The Commission shall perform the following duties and functionsi A. Encourage the preservation of Landmarks by preparing and maintaining a register of designated Landmarks in the Town of Southold. Such register shall be filed with the Town.Clerk. A copy shall be filed with the Building Inspector. B. Designate Landmarks in accordance with the provisions of Section 56-6 hereof. C. Review, and where appropriate give advisory recommendations with respect to all applications for building permits involving designated Landmarks in accordance with the procedures set forth in Section 56-7 hereof. D. Cooperate with civic and professional organizations interested in landmark preservation E. Offer advice, comments and suggestions to or at the request of owners or the Town Board to implement the purposes of this chapter. F. Promote and encourage historic awareness and judicious concern for the compatibility of existing designated landmarks and proposed architectural structures. Section 56-6. Landmark Designation A. Selection of landmarks for designation shall be determined on .the basis of historical and/or architectural significance. B. In considering a landmark for possible designation, the Commission- shall comply with the following procedure, to wit: 1. Prior to designating a landmark, the Commission shall give written notice to the owner of the property, as shown on the last completed town assessment roll, that,the Commission is considering the designation of the property as a designated landmark. Such notice shall be sent by certified mail, return receipt requested. Such notice shall request that the owner consent to such designa- tion by signing and returning the form ,of consent enclosed with the notice. Such notice shall also indicate that if the owner objects to such designation, or desires further information, the owner may return the form enclosed with the notice, which requests that the owner and/or representative seeks a meeting with the Commission within thirty (30)- days from the receipt of such request by the Commission. 2. The Commission may not proceed with the designation of a landmark.unless one (1) of the following conditions are. met, to wit. (a) The owner consents in writing to such designation; or (b) The owner, within thirty (30) days from the receipt of notice specified in Section 56-6, B 1, has failed to notify the Commission of his objection to such designation, or failed to request a meeting with the Commission; or (c) A meniber of the Commission has personally met with all of the owners of the property being considered for designation, and has fully explained all aspects of designation and the consequences that will result from such designation. C'. The designation of property as a designated landmark by the Commission, pursuant to the provisions of this chapter, shall not impose any obliga- tion or responsibility upon the owners thereof„ nor shall such designation in any manner restrict or limit the use, development, repair, maintenance, alteration or modifica- tion of the property by the owners thereof. D. The designation of property, as a designated..landmark by, the C.ommis.sion, pursuant to the provisions of this chapter shall not become effective 116 APRIL 20 , 1982 until such property is entered in the Register of Designated Landmarks and filed with the Town Clerk. Section 56-7. Review of Building Permit Applications A. Every application for a building permit for the reconstruction or alteration of or addition to a designated landmark shall be referred by the Building Inspector to the Commission for its. comments and recommendations. No building permit shall be issued until the Commission!has filed its written comments and recommendations with the Building Inspector, and mailed a copy thereof to the applicant, or the passage of fourteen (14) days from the date of referral, whichever shall first occur. B. The application for a building permit shall not be deemed complete until the Commission has filed its written comments and recommendations, or the passage of-Tourteen (14) days from the date of referral of the Building Permit appli- cation to the Commission, whichever shall first occur. C. In reviewing an application for a building-permit referred to it, the Commission shall consider the effect that the contemplated work will have on .the exterior architectural features of the designated landmark. If the Commission recommends modification in the contemplated work, in order to preserve the archi- tectual features of the structure, it shall suggest such modifications as will minimize the costs, time and inconvenience to the owner. D. In reviewing an application for a building permit, the -Commission shall consider only the exterior architectural features of the building.or :structure. E. The comments and recommendations of'the Com mission with respect to building permit applications referred to it pursuant to this section, shall be deemed advisory only. The owner's rejection of or refusal`to comply-wi_h such comments and'recommendations shall not delay or in any-way,impede the oherwise favorable action on the issuance of a building permit. F. Nothing contained in this chapter shall.be., deemed.to„preyent the ordinary and necessary maintenance and repair of any exterior architectual ,features of a designated landmark which does not involve a significant change in-de-sign, material or outward appearance thereof. Section 5 6-II, Severability Each of the foregoing provisions of this chapter has been -adopted in an endeavor to preserve and extend the public welfare by preserving the character- istics of historic and/or architecturally significant structures or districts. In the event that any portion of this chapter. shall be _determined 'i.nval d; such determination shall not affect or result in the invalidity of any other provision contained in this chapter. Section 56-9. Effective Date .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. 16. Moved by Councilman Murphy, seconded by Councilman Nickles; it was RESOLVED that the Town Board of the -Town -of Southold set 3: 05 P. M. , Tuesday, May 4, 1982, Southold Town Hall, Main Road,. Southold, New York as time and place for hearing. 'upon application of Muriel Baldwin for a Wetland Permit to construct timber bulkhead with. two .returns landward of line of MHW at canal off Southold Bay, on the south side ofIsland View Lane, Greenport, New York, . Vote of the Town Board: Ayes: Justice Edwards, Councilman . Townsend , Councilman -Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pella I This resolution was declared duly ADOPTED. SUPERVISOR P,ELL: No. 17 Councilman Murphy is •go,ing to look into we have some questions on "this and he will report back. to the Board at the next meeting and it will be put on the agenda the next time- (application ,of Ange & Barbara Boursiquot _for a trailer ,permit). APRIL 20 , 1982 117 18. Moved by Councilman Nickles , seconded by Councilman Murdock, it was RESOLVED that pursua'r t� to Artiele 1`IX of tY`e' ''Constitution, the Town Board of the Town of Southold requests the enactment of Senate bill No. 249-C, entitled "AN ACT to allow persons in public employment on August sixteenth , nineteen hundred seventy-three or their executor, administrator or personal representative who did not file a member- ship application with the New York state employees ' .retirement system to file a request for retroactive membership with the state comptroller" , and be it further RESOLVED that it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The Town of Southold does not have the power to enact such legislation by local law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOTPED. 19. Moved by. Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to seek proposals for cleaning services required by the Town for the uniforms of the members of the Southold Town Police Department . 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 Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Clerk of the Town of Southold be and she " hereby is authorized and directed to advertise for bids for the purchase of 500 bushels, more or ' less, of uncertified chowder clams for spawning purposes, to be ( 1) picked up by the Town and delivered to the Town Highway Department, Peconic Lane, Peconic, OR (2) delivered to the Town Highway Department, Peconic Lane, Peconic, 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. f 21 . Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold accept, with regret , the resignation of A. John Gada, Jr. , Highway Department Labor Supervisor at Fishers Island, effective April 5, 1982. 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, it was RESOLVED that the., application of the First Baptist Church of Cutchogue, dated March 25, 1982, for the renewal of a single family trailer permit at the north side of Middle Road, Cutchogue, be and hereby is granted for a six (6) .month period. Vote of- the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 23. Moved by Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that Supervisor William R. Pell, III be and hereby is authorized to increase the working hours of part-time employee Elizabeth Jane Moffatt to as many hours as needed per week, effective April 19, 1982, for a, period not to exceed eight (8) weeks . 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: Explanation. , Chris Hogan who is in my office is in the hospital, had,- an operation today, and is doing fine but -she expects to be out four to five weeks. 118 APRIL 20 , 1982 24 . Moved by Justice Edwards, seconded by Councilman Murdock, 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 Enconsultants , Inc . on behalf of Petersen Towing Corp . for a wetland permit on certain property located on right-of-way off Naugles Drive, on Mattituck Creek, 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. 25. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold engage the services of Holzmacher , McLendon & Murrell, P.C .. to prepare a map of the Southold-Scavenger Waste Improvement District , including tax map description!Ey. delineating the boundaries between the areas presently serviced by the Greenport Sewage Collection System and that of the proposed Scavenger Waste Improvement District, at a cost not to exceed $2, 200. 00. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 26. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that, the Town Board of the Town of Southold hereby authorizes Port of Egypt Marine , Inc. to provide and .install channel markers at the mouth of Mill Creek this spring, maintain them during the year and pull them in the fall at a cost not to exceed $125. 00. 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 27 (proposal of Holzmacher. , McLendon and Alurrell, P.C. for engineering services in conjunction with Solid Waste Disposal) we are going to wait until. May 4th, until our Land- fill Committee meets and can review this proposal and make a recommendation to the Board. Number 28 (hir6' part-time Labor Supervisor at Fishfers Island ) we are going to wait until Mr. Dean, Superintendent of Highways, wants to act upon it. 29. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold authorizes the Mattituck Senior Citizen Club to engage one bus at a :cost of $260. 00 to transport their .group to the Island Squire on May 18, . 1982. 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 Murdock, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold makes the following distribution of recreation of funds: East End 'Arts & Humanities Council - $400. 00 Mattituck Women' s Softball League - $400. 00 Mattituck Slo-Pitch League - $910. 00, SUPERVISOR PELL: That is $920. 00. COUNCILMAN MURDOCI{: I think the way we did it where we have to have verification there is nothing that comes out to $920. 00. So it will have to be $910. 00. SUPERVISOR PELL: We' ll take the $910. 00. I am agreed. Any Board member? COUNCILMAN NICKLES: What ' s the problem with $920. 00? COUNCILMAN Murdock: It does' nt come up to $920. 00. If you take the $100. 00 off for the three bases at .$100. 00 a set it comes. to $910. 00. Everyt-h°ing else as itemized comes to a total of $910. 00". SUPERVISOR PELL: No problem. APRIL 20, 1982. 119 Councilman Murdock continuing with' Rosolution' No. 30: Mattituck-Cutchogue Little League - $1, 400. 00. 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. 31. Moved by Councilman Nickles, seconded by Councilman Murphy, 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 Ellen M. and Eugene G. Steigerwald for a wetland ° permit on certain property located at Bungalow Lane, on Deep Hole Creek, 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. 32. Moved by ,Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hire Mark Zaleski, Southold, as a Relief Radio Operator at Police Headquarters, effective immediately, at a salary of $5. 00 per hour. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, , Councilman Murphy, Councilman Murdock, Councilman Nickles-, Supervisor Pell . This resolution was declared duly ADOPTED. 33. Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that the Town Board hereby authorizes George H. Fisher, Sr . Building Inspector, to attend a Fire Prevention Seminar sponsored by the Fire Inspectors Association of Suffolk County at Colonie Hill, Hauppauge, New York, on Saturday, May 1, 1982, and to use a Town vehicle for transportation. Registration fee of $20. 00 to be a. legal Town charge. Vote of the Town Board: Ayes: Justice Edwards , Councilman ' Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 34. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold:"hereby makes the following promotions within the Southold Town Police Department : -.Stanley Droskoski is hereby promoted from Sergeant to Lieutenant effective April 21, 1982. Joseph A. Conway is hereby promoted from Patrolman to Sergeant effective April 21, 1982 . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. . 35. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED t-hat the Town Board of the Town of Southold hereby authorizes Special Counsel Richard J. Cron to engage an appraiser in the Tax Certiorari case of Alan A. Cardinale vs. 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. 36. Supervisor Pell offered the following resolution and moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ADOPTED APRIL 20, 1982, AUTHORIZING THE PURCHASE OF ONE (1) USED FRONT END LOADER, AT THE ESTIMATED MAXIMUM COST OF $70, 000: FOR USE BY THE TOWN HIGHWAY DEPARTMENT, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE APPLICATION OF $1, 000, BEING-THE TRADE- IN VALUE OF OBSOLETE HIGHWAY EQUIPMENT AND AUTHORIZ- ING THE ISSUANCE OF $69; 0.00 SERIAL BONDS OF THE TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY 120 APRTL 20:; , 1982 OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Board), AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York ("Town"), is hereby authorized to purchase one (1) used front end loader at the estimated maximum cost of $70, 000, for use by the Highway Department of the Town. The estimated total cost of said specific object or purpose, including preliminary costs or costs incidental thereto and the financing thereof is $70, 000 and the said amount is hereby appropriated therefor including the application of $1, 000, being the trade-in value of obsolete highway equipment presently owned by the Town, and hereby authorized to be applied towards the payment of the equipment authorized by this resolution. The plan of financing includes the use of said $1, 000 trade-in allowance, the issuance of $69, 000 serial bonds to finance the balance of said appropriation and the levy of a tax upon all the taxable real property in the Town to pay the principal of and interest on said bonds as the .same shall become due:and payable. Section 2. Serial bonds of the Town in the principal amount of'.'$69, 000 are hereby authorized to be issued pursuant to the provisions of the Loc2'_1 Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of,1 York ("Law"), to finance the balance of said appropriation. :E Section 3. The following additional matters are hereby determined and s tate d: (a) The period of probable usefulness of the specific object or purpose for which serial bonds herein authorized to be issued pursuant to Section 1 hereof, within the limitations of Section 11. 00 a. 28 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof pursuant to the provisions of Section 107. 00d. 5 of the Law. (c) The maturity of the bonds issued under this resolution will not - exceed five (5) years. t Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity prescribed by Section 52. 00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obliga-. APRIL 20 , 1982 '' 121 tions of the Town, payable as to both principal and interest by a general tax upon all the taxable' real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of interest on said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortiza- tion and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30. 00 relative to the authorization of the issuance of bond anticipation notes, or, the renewals of said Notes and of Section 50. 00 and Section 56. 00 to 60. 00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bond authorized by this resolution and of any notes issued in anticipation of said bonds, may be contested only if: _ (a) such obligations are authorized for an'' object or purpose for which the town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within 4. twenty days after the date of such publication or, (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilman Burdock and duly put to vote on a roll call, which resulted as follows: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. Noes: None. This resolution was declared duly ADOPTED. 37. Supervisor Pell offered the following resolution and moved its adoption: RESOLVED by the 'Town Board of the Town of Southold, in the County of Suffolk, New York., the' Town Clerk of the Town of Southold is hereby directed to publish the forego'inpt bond resolution, in. full, in The Long Island Traveler-Watchman, Inc. , a newspaper published in Southold, New York, having a general circulation therein, and hereby designated as the official newspaper of. said Town, and in The Suffolk Times, a newspaper published in Greenport, New York, 122 . APRIL 20 , 1982 together with Town Clerk' s statutory notice in substantially the form as prescribed by Section 81. 00 of the Local Finance Law of the State of New York. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilman Murdock and duly put to a vote on roll call, which resulted as follows: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. Noes: None. This resolution was declared duly ADOPTED. 38 . Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise for bids for the following: One (1) Used International Model H-60E Articulated Payloader (or equal ) with the trade-in of the following items: 1 - 1948 1-ton Chevy Cab/Chassis; 2 - 4-5 yd. dump bodies; 1 - 600 gal. oil dist. tank only; 2 - Tag Along sand and stone spreaders; 2 - Tag Along patch trays; 1 - 12 ft. bulldozer blade/arm; 1 - Sepko basin cleaner/bucket/4 yd. dump body. Vote of the Town Board: Ayes : Justice Edwards, Councilman . Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 39. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold amend their Resolution No. 31 of December 8, 1981 granting "permission to Town Engineer Lawrence M. Tuthill to engage the services of Coastal and Offshore Corp . , Newark, Delaware; . to review the Flood Map with the National Flood Administration representatives, at a cost not to exceed $300. 00"--to include the following: "and necessary expenses for air fare and mileage in the amount of $157. 70" . f 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: Any Councilman have anything that I omitted -or would like to bring up.? COUNCILMAN MURDOCK: At this time I ' d like to comment on the selection for Police -Lieutenant . There were two. candidates, both . long time employees of the Town of Southold, both very well qualified, both of them were considered very highly and are considered very ,highly by all the members of the- Town Board, by, their fellow police officers. The discussion we had, while we voted unanimously which hapn.ens to be what this Board tries to do in a spirit of cooperation, it was a split vote for a long time because of the closeness of the character of these people and we on the Board have asked the Chief of Police to undertake a review of the department to see if the upward structure of our Police Department is adequate. It was suggested by me and Councilman Nickles that we should create the position now of two police lieutenants. That both men. were so eminently qualified that it might be a method of serving the Town very well and most important in the future we would be more adequately prepared for what the problems would be with such a move. And therefore, the Chief of Police may be back before the Town Board within a six month period with recommendations as to maybe more sergeants as well as a second lieutenant . I said it in front of the Town Board, I said it privately to the present Chief of Police, I don' t believe, with all due respect to everybody involved, we will ever find a man who has dedicated him- self so thoroughly to the Town of Southold as Chief Winters did when he was a lieutenant and I think it would be unfair of the Town to interview people expecting that kind of service and that maybe it would be kind of the Town of Southold to expand their horizons.. The Town of Riverhead has a chief, a captain, as well as a lieutenant for each shift . They do have fifty policemen, where we have twnety-nine, but I believe that it will come down that when the Chief looks at it coldheartedly instead of emotionally which is based on his desire to serve this Town, that he will realize that maybe we should- have a little more officer supervision. It was under that context that we all agreed to the selection of the candidate as we did. Thank you, Bill. SUPERVISOR PELL: Any other Councilmen wish to say anything? COUNCILMAN NICKLES: I ' d just .like to, I 'm sure with all the Board members congratulate the officers on their promotion. I would like 1 Y t APRIL 20 1982 123 to correct one thing that Councilman Murdock said and I feel I' m able to speak for myself. I d'o:n"_t% '-t`h`ink'at' 'any time this morning I recommended to the Town Board that we select two lieutenants for one position, although it was discussed. I discussed it with the present Chief of Police and found out there was not any justification for him to have two lieutenants for one position. I went along with the Supervisor' s suggestion that the Chief of Police review the direction that our department is going in terms of size and personnel required to operate it at the top end and .I suspect some time within the next six months me ' ll have a report forthcoming.- That 's about all I care to comment on. SUPERVISOR PELL: Any other Councilmen wish to add anything? (No response. ) If not , does anybody wish to address the Board? (No response. ) If not, the vote is in order . Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 4: 35 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. .Judith T. Terry Southold Town Clerk