Loading...
HomeMy WebLinkAboutTB-11/23/1982 .349 SOUTHOLD TOWN BOARD NOVEMBER 23 , 1982 WORK SESSION - 7: 00 P.M. , November 22, 1982 Present_ Supervisor William .R. ' Councilman John J. rcxles` Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend., Jr. Justice Raymond W. Edwards Town Attorney Robert W. Tasker Town Clerk Judith ' T. Terry Superintendent of Highways Raymond C. Dean Town Engineer Lawrence Tuthill Also Present : Greenport Village Mayor George Hubbard Village ,Trustee Samuel Katz Village Trustee William Allen Superintendent of Utilities James Monsell Roger Wilhelm, Gannett & Fleming Merlon Wiggin, Peconic Associates, Inc. Ruth Oliva, North Fork Environmental Council Paul Demery, The Long Island Traveler-Watchman Tim Gould, The Suffolk Times Bill James , East Hampton Sun Martin Garrelle: Supervisor Pell opened the meeting by stating its purpose was to (1) see if there is a common goal or bond between the Town of Southold and the Village of Greenport to go forward with the 201 Facility Plan , and (2) if so, the Town and Village would go into Executive Session and negotiate for the purchase of a parcel of property for the plant. Councilman Murphy requested that a report be made by Councilman Murphy and Superintendent of Highways Dean on their meeting with. the D.E.C. relative to the composting program, before further discussion on the 201 :Plan. Mr. Dean said they had talked with Mr. Sanford of the D.E.C. and explained the entire composting operation and Mr. Sanford thought it was fantastic; he was over- whelmed that tye can eliminate so much bulk with the mixer and it would act as a sponge rather than a cap for the landfill, although Mr. Sanford is not ready to make a decision on that at the present time. Mr. Dean said this might be the inovation the Town has been looking for. Councilman Murphy. said Mr. Sanford gave 100% approval to the composting program - :a volume reduction program. Mr. Sanford said the Town can use the cesspool waste as it comes directly out of the wagons and can also take Greenport sludge and mix it into the compost. The D.E.C. will come down and to the testing and monitoring for the Town:--Councilman Murdock replied that he has always been opposed to the 201 Plan and has allowed it to go along to this point . He does not feel . a $1 ,800,000 expenditure on this project is in order. He now feels that' the Town has a less expensive solution with the compost/shredder machine. He said scratch the 201 and go into the volume reduction and composting program at the landfill site. The results of Dean and Ifurphy ' s meet- ing with the D.E.C. and their enthusiasm for the project has convinced him he is right .---Councilman Townsend . stated that the Town has been told in the past by the D.E.C. that we must go to the 201 Plan . The water quality in Town has been deteriorating rapidly. He is convinced the proposed project can work and not to take the 201 route would be very risky and quite foolish and the Town and Village should get down to final negotiations.--Mr. Dean stated that T.r. Sanford had asked ' them if the Town was ,going along with the 201 Plan and they said the Town had all intentions of going forward, to which Mr. Sanford replied NOVEMBER 23 , 1982 350 he hoped so. ---Councilman Murphy`Jexpr`essed his opinion that money should not be the object at this time; the water on the east end, .quantity and quality-wise is just about zero; the only clean ,clear water is west of Mattituck. He. is_ in favor of the 201 Plan. The composting program would fill in the gap and should not be the answer to the problem. He does not like the idea of the Town spending $380, 000 in direct funds but the Town is in a serious problem with the water and must start moving. and the 201 is the only answer for the future.---Councilman. Nickles said he did not envision a meeting with the Village present , he thought this was going to be the Town Board' s final meeting in making a decision and resolve some of the questions and concerns. He cannot 'see how the Town can go forward with negotiations at this _point until the Town has made their final decision whether or not to go forward with the 201 Plan. He would lake to know what . the -overall -cost will be; what the Town. `is going . to gain from it; what the alternatives are; what about the cesspool/ septic tank management plan for all areas served by individual on-site septic systems?---Supervisor Pell stated he feels much like Councilmen Townsend and Murphy , he is 100% in favor of the composting program . which. will eliminate the lagoons in a matter of months, however, he does not feel this is for the long term and the Town should go ahead with the 201 Plan.---Councilman Murdock said that five years down the line, with the rapid development of septic sludge and sewage treatment , the 201 program could become obsolete. If they are going to use the septic sludge in Cutchogue, there is no need for the plant in Gr.eenport; the problem could be solved with the compost program. He can see the ground water being protected with the compost program now and in the future.---Mayor Hubbard said he . likes the idea of the composting. The Village does not need the scavenger waste in Greenport and they will not make a great deal of money from the plant ; it will only be added expense and headaches,,;.however , he can only see the composting as a backup program.`•=--Trustee Katz agreed with Mayor Hubbard, stating the Village does not have a problem and is well satisfied with their sewer system and the Town is the one that is looking to the Village for assistance. ---Mr. Monsell said he is of the opinion the 201 Plan will improve the quality of life in Southold Town and improve the groundwater reservoir. On the question of storage - there is provision for storage in the engineering plan and can overcome any septic part of the scavenger waste. Asked if he was satisfied with the H2M design of the plant and he replied he was very happy with it , would be .glad to take it over tomorrow and operate it .---Justice Edwards expressed his `opi.nion that he is happy with the composting and can see where it would do the job , and he questions the changes in technology over the next few years that might make the scavenger waste plant obsolete. ---Councilman Nickles asked how flexible to adaptation to new technology the pland would be in years to come , and is Shelter Island included in the plan?---Mr. Monsell said there. is no commitment from Shelter Island, but 3000 gallons in the design has been provided for them so it can handle Shelter Island. As far as adaptation to new technology , probably phase by phase it could be changed, but not the entire design, which would be cost prohibitive. ---Councilman Murphy emphasized the critical water problem in the Town and explained that the mandated septic tank pumping mentioned by Councilman Nickles will prevent further water problems.---Councilman Townsend asked if it is worth it to let the program go and rely strictly on the compost program and should the D.E.C. mandate it in a. few years from now it will be a huge expense to the taxpayers to build a scavenger waste plant , since state and federal funding will probably not be available at that time.---Councilmen Murdock and Nickles , in reply to Councilman Murphy ' s statement on water problems in the Town, said they cannot see where the scavenger waste plant is going to protect .the ground water, since it requires huge quantities of ground water for operation, where- as composting does not require any ground water.---Mr. Wilhelm was of the opinion- composting is a viable solution a few years down the line; perhaps use a digester in conjunction with an incinerator. This would save a tremendous amount of money for the taxpayers and, the Board should consider studying it very carefully. He thought that to go to a digester would set the program back about seven months, but he did not feel the Town would lose the money.---Councilman burdock emphasized the Town should go with the composting program and drop the 201 Plan.,-- Councilman Townsend said he could see that composting would be the solution if it works and doesn ' t pollute the water and would be relatively inexpensive , but the thinks that after a discussion with the D.E.C. on scrapping the 201 Plan, everyone will be back in a few days to hash it over again. He would ._like to meet with the D.E.C. and find out whether they will go along with strictly compsting --= 351 NOVEMBER 23, . 1982 as a solution -to the septic waste problem., and would like to get . the D.E.C. ' s reply in writing.---Mr. Wigg,in suggested the Town tell the D.E.C. they want to consider alternative methods and would like six months to explore this . ---Supervisor Pell will. request a representative of H2M to be at the Work Session of the Town Board on November 23rd to discuss the results of this meeting, and to make arrangements for a meeting with the D.E.C. between the Town Board, . Superintendent of Highways Dean, and Town Attorney Tasker in the immediate future .---As far as negotiations for a parcel of land for the Scavenger Waste Plant , the Village officials stated he did not want to discuss that until the Town has made up their mind on which way they intend to proceed.----This meeting adjourned at 8: 55 P.M. EXEC,UTs ESESSION 8: 56 P.M. - The Town Board discussed the contract proposal by Solwin Industries fo,r a windmill farm at the landfill. site. It was. decided to advise Solwin that the Board is not interested. in the forseeable future in such a proposal , as there are too many projects under consideration ate the landfill site at the present time. NOVEMBER 23, 1982 WORK SESSION 8: 30 A.M. - The Town Board audited outstanding vouchers. 9: 00 A.M. - Chief H. Daniel Winters met with the. Board to :discuss the Police Department monthly report , as well as;,police .-activites over the past several weeks. 9: 20 A.M. - Juvenile Officer Edward Sidor appeared ,before` t'-e hoard to make a presentation on the seven months of operation of. t` , -Tuvenil Aid Bureau for the Town of Southold. Officer Sidor gave.*.a---co-np;rehensi talk relative to lectures , disposition of cases , programs and goals. A detail report is on file in the 'Town Clerk'.s Office. 9: 45 A.M. - Community Development Director James McMahon brought the Town Board up to date on pending community development projects. --- Under Year 7 of the Housing Rehabilitation Program for 7th:, 8th, and 9th Streets Pan Tech has five houses under way now and Mr. McMahon is deeply involved in this program. The Environmental Review for the Mattituck Parking Lot has started, and the Environmental Review has been completed for the land adjoining the landfill at Cutchogue , and the Town is on target for the November 26th closing date. Due to an . error in advertising for fencing for two Town sumps, these projects will be rebid in the near future. Mr. McMahon advised Justice Edwards that he will need photographs of the proposed basketball court on Fishers Island for the Environmental Review. 9: 55 A.M. - Mr. Frank Francia, Chairman of the Cedar Beach Park Association, and several other residents met with the Town Board to discuss a proposal for the construction of jetties at Cedar Beach Inlet . Mr. Francia said that on November 23, 1980, exactly two. years ago, formal discussions began on the stabilization of the Inlet. Enormous expenditures have been made over 1980-81 and 82 which has indicated that the County and. Town have committed them- selves to keeping the Inlet open. The people of the area, when they submitted their petition to the Town Board admitted dredging was not a viable solution. Ten groins west of the Inlet , 60 to 90 ft . in length, spaced over a 1400 ft . length have resulted in stable beaches for the ten homes in that span. One, or possibly two jetties on the west side of the Inlet will permit a fully navigable channel and cause no harm to the area. Air. Francia urged the Town Board to request the jetties and try them, instead of spending money each year on dredging. Mr. Bob Gazza, a resident of Cedar Beach Park who was also present , said he felt very strongly about the plea of Mr,. Francia. Mr. John Guldi , Principal Engineer, Division of Waterways for the Suffolk County Department of Public Works was also present, at this meeting and stated that the jetties would have to be a Town decision and if they want the County to participate they would . have to make a request to Legislator Blass _ __ NOVEMBER 23, 1982 352 who would make a formal reques,t 'to.;.the.. Suffolk County Legislature and County Department of Public Works`: Mr. Guldi said he is very pro-jetty and agrees with 99% of what Mr. Francia said---he would like to see two jetties . He said the cost of a stone jetty is about $500 to $600 a lineal foot ,' but would pay for itself of a period of ten years against the cost of redredging each year. --- Mrs . Ruth Oliva, President of the North Fork Environmental Council said she would like to see a study before jetties are constructed. the Council is not opposed to jetties , but not entirely in favor. She said the littoral drift is very complicated in that location.-- Councilman Nickles said he would sponsor a resolution at the Regular Meeting requesting Legislator Blass to begin the necessary steps for the stabilization of the Cedar -.Beach Inlet . The time fram is extremely long and it would be perhaps five years before the jetties would be constructed. 10: 25 A.M. - Mr. Harold Dombeck of Holzmacher, McLendon and Murrell , P.C. met with .the Board to discuss their reservations on proceeding with the 201 Facility Plan, and their enthusiasm with the composting program. Supervisor Pell explained the results of the meeting of last evening to Mr. Dombeck. Mr. Dombeck was asked if the D.E.C. is in favor of the composting program, could the Town eliminate the scavenger waste plant and expand the composting program at the land- fill site? Would the Town be putting themselves in jeopardy for . receipt of funding? Mr. Dombeck said that the scavenger waste permit at the landfill mandated the Town to proceed with the- 201 Study . It is his opinion composting is an excellent cover for the landfill, but strictly an experimental type operation . He said the State has advised H2M that if the Town makes any major changes to the 201 Plan , it will put the Town back at least a year for funding. Mr. Dombeck said H2AI, the State D.E.C. and E.P.A. believe the 201. P1an is a viable solution as it exists. He does not have the 'answer5- for the composting proposal but feels if it does not receive funding it would cost close to what the local share is for the 201 Plan. He suggested that he accompany the Town Board on a trip to Albany early next week and present their propsal to the D.E.C. and ask for a determination before it is too late and the present funding is lost .----Cost over-runs on the re- surfacing of Sound Avenue was discussed with Mr. Dombeck. 11: 40 A.M. - -Off Agenda--Councilman Nickles reported that he had met with Supervisor Pell and Superintendent of Highways Dean and a representative of Kenney' s Beach Association on November 9th to discuss a study for (1) stabilization , (2) solution without causing erosion , (3) self-sustaining or fixed solution, and (4) the recommen— dation should be sufficiently complete so a design could be drawn up. Superintendent of Highways Dean recommended that Rudy Cammerer, former Commissioner of the Suffolk County Department of Public Works be contacted to conduct a study and the Town Board authorized him to contact Mr. Cammerer and invite him to meet with the Board at the December 7th Work Session. 11: 45 A..M. - Recess for lunch. 1: 35 P.M. - Work Session reconvened and the Board resumed reviewing the agenda. 1: 40 P.M. - Discussion was held relative to the possible termination of electric service to the Captain Kidd Water Company, Mattituck. Supervisor Pell said he will be meeting with County Executive Cohalan on November 24th to urge him to have the Suffolk County Water Authority become involved in the operation of that company . A formal resolution to this effect was placed on the agenda for the Regular Meeting. 2: 00 P.M. - Mr. Stuart Turner, Paula Gilbert and Jennifer Davis of Raymond, Parish, Pine & Weiner, Inc. who are working on the update of the Master Plan met with the Board. Also present were: Planning Board Chairman Raynor, Chief Winters, Executive Administrator Lessard, Assessor Chairman Moisa, Board of Appeals Chairman Goehringer, and Community Development Director McMahon. Mr. Turner outlined the Master Plan Program and suggested schedule for Phases I , II and III . (A copy of this program and schedule is on file in the Town Clerk' s Office. ) Superintendent of Highways Dean asked how much work must the local departments do for RPPW. Mr. Turner said his staff would be working with the department heads and would do as much of the research themselves as possible. Councilman Nickles asked if the time for the update could be shortened from April 1984 and Mr . Turner said it would be possible, dependent .upon how quickly data is gathered. --= 353 NOVEMBER 23', 1982 REGULAR MEETING A Regular Meeting of the Southold- Town Board was held on Tuesday, November 23, 1982 at the Southold Town Hall , Main Road, Southold, New York. Supervisor Pell opened the meeting at 3: 00 P.M. with the Pledge of Allegiance to the Flag. Present : Supervisor William R. Pell, III Councilman John J. Nickles 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 Absent : Councilman Lawrence Murdock, Jr. 'Moved by Councilman Nickles, seconded by Justice Edwards, it was .RESOLVED that the minutes of the Regular Dfeetings of the Southold Town Board held on November 9 ,. 1982, and November 16 , 1982 are hereby approved. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles , Supervisor Pell . This resolution was declared duly ADOPTED. Moved by Supervisor Pell , seconded by Councilman Nickles, it was RESOLVED that the next Regular Meeting of the- Southold Town Board will b e held at 7: 30 P.M. , Tuesday, December 7, 1982 at the Southold Town Hall , Main Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. I . REPORTS SUPERVISOR PELL: These reports are placed on file with the Town Clerk if anybody cares to review them can do so at the Town Clerk' s Office. 1. Justice Tedeschi ' s monthly report (October 1982) . 2. Town Trustee' s monthly report (October 1982) . 3. Long Island Cablevision ' s monthly report (October 1982) . 4. Justice Edwards ' monthly report (October 1982) . 5. Justice Price ' s monthly report (October 1982) . 6. Police Department ' s monthly report (October 1982) . 7. Councilmen ' s report - Councilman Townsend? COUNCILMAN TOWNSEND: Just a comment on a couple of things I 've been working on. On the fire hydrant contract it . appears we've come to a agreement with the Village which . I feel is mutually advantageous. It-' s somewhat less than we expected we' d go and probably somewhat more than . they thought we' d go. We did pretty well there. On the landmark preservation we' re going to have a public hearing and that 's part of the agenda tonight. I 've been working on those two items. COUNCILMAN NICKLES: I ' d just like to report briefly that the Super- visor and the Highway Superintendent and myself met with a represen- tative of Kenny's Beach Association and among the many problems they have down there is how the Town ' s going to resolve the Town Beach at Kenny' s Beach and today the Town Board accepted the resignation of that ad hoc committee, if you will , to look into hiring. a consultant engineer which we plan to meet with on December 7th if he' s available to discuss what form 'and manner and dollars it would take to come ,up with a study and a recommendation to handle the erosion problem there. That concludes my remarks . COUNCILMAN MURPHY: ' I 'd like to report that the Clam Program is all finished for this year. It was most successful . Paul Flagg will be having his report come in and I would like to publicly thank Super- intendent of Highways Ray Dean and his department for their great help. Without them really the program, I 'm sure , would not be the great success that it is. Also we are about a week or two away from getting '.the final Emergency Preparedness Plan prepared for the Town. What 's it, Bill. NOVEMBER 23, ' 1982 354 JUSTICE EDWARDS: Well , with this nice day we had today we had our first truck load . of cement come over to Fishers Island on our CHIPS Program. To begin with we should have replaced close to 30 5x5 cement sidewalk pads over there. Secondly , we' re in the process of having our West Harbor map drawn up to a 2 ft . by 2 ft . size so we can have a meeting sometime before the first of the year and dedicate the mooring spaces with the help of our Town Attorney on West Harbor, Fishers Island. That ' s it. SUPERVISOR PELL: The report I have to make is I have a meeting tomorrow morning with our County Executive to discuss Captain Kidd' s Water District . As you might or might not know, LILCO has advised the County and Town that the electricity might be shut off there and we have.. a: problem so I 'm going io meet with the County Exec tomorrow and discuss it . II . PUBLIC NOTICES .COUNCILMAN MURPHY: 1. Application of Parkside Heights by Emanuel Kontokosta, P.E. , 43 West 54 Street , New York, application in the Town of Southold to construct a total of 19. condominium units with parking areas and garages and repair an existing 75 ft . by 6 ft . wooden dock by replacing approximately 20 pilings. A total of 9 units will be in the adjacent area of tidal wetlands and the project is there- fore in conformance with Tidal Wetlands Land Use Regulations. Con- struction of the units will occur no closer than 245 ft . from mean high water. The project is located on property bordering Gardiners Bay at Cleaves Point , East Marion ; Suffolk County . The New York State . D.E.C. is lead .agency and comments Dan Larkin by November 26th. This is on file on the Town Clerk's Bulletin Board also. 2. '. Application of Brenda K. Helies of'-Weston, -Massachusetts and the application requests variance pursuant to Tidal Wetlands Land Use Regulations to install a 3 ft . by 25 ft . deck addition to an existing residence approximately 55 ft. from the mean high water mark of Great Peconic Bay. The project is located on the south of Bungalow Lane at Marratooka Point , Mattituck. D.E.C. is the lead agency and contact by December 3rd to Daniel Larkin at Stony Brook. This again is on the Town Clerk' s Bulletin Board. 3. Notice of Public Workshop Hearings in Completion of Draft Generic Environmental Impact Statement on Landspreading Sewage Sludge. This is mostly dealing with agricultural counties upstate, but we are going to send a comment in. This is available in the Town Clerk' s for anyone to read. SUPERVISOR PELL: Thank you. As I said before, these are placed on file in the Town Clerk' s Office if anybody wishes to review them can . do the same at the Town Clerk' s Office. III . COMMUNICATIONS 1. Request for street lights on Oregon Road (from M. Sidor, C. & R. Girards , M. & A. Tuthill , B. & R. Rowehl , V. & W. Jones, G. Heins. ) 2. Letter from McMann-Price who I will review with Mr. Dean and perhaps make recommendations to the Town Board ,at the next Town Board, meeting on December 7th (re: Southold Town Liability Insurance. ) 3. Letter from Suffolk County Department of Public Works , Commissioner Cass , and it has in here maps to be placed on file (1) with the Town Clerk and (1) with my office saying the detours in the road that will take place when they replace the three bridges on New Suffolk Avenue. They plan to start work approx- imately November 16th. These routes have been sent to the police department , fire, rescue and all around. I will write back to them and ask them to notify us exactly when the detours for each bridge will be into effect. 4. Preliminary report on the water study being done by the Cooperative Extension Service. This has gone to Henry Raynor, and as I said, this is preliminary. The final one will come in in the first part of next year. 5. This will be turned over to the police department about garage that blow off of vehicles along certain roads in the Town - Depot Lane and Cox Lane. (From the Cutchogue-New Suffolk Chamber of Commerce) . We also said Route 48 and the police will look into vehicles going down the road with uncovered waste on the back end. IV. HEARINGS - None. 355 - - - NOVEMBER 23 , 1982 V. RESOLUTIONS 1. Moved by Councilman Nickles, seconded by Councilman Murphy, WHEREAS , Ann P. Kwasneski has made application to the Town Board of the Town of Southold to dedicate certain roads in .Southold, New York, to be known as SLEEPY HOLLOW LANE, GRISSOM LANE AND WILLOW. POND LANE as shown on subdivision map entitled "Sleepy Hollow" and filed in the Office of the -Clerk of the County of Suffolk on February 4, 1976 as Map No. 6351 , Abstract Number -8002, and WHEREAS , the Southold Town Highway Superintendent has inspected the said highways and has advised the Town Board .that said proposed high- ways comply in all respects with the specifications for the dedication of highways in the Town of Southold, now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway - Law of "the'.State of New York, consent be and t-h'e sdmEe is given' to .t1 Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as 'shown on certain maps attached to said application, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication , release and deed to be recorded in the office of the Clerk of the County of Suffolk, New York. Vote o,f the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Nickles , Supervisor Pell . This resolution was declared duly ADOPTED. 2. Moved by Councilman Murphy , seconded by Councilman Nickles , it was RESOLVED that the Town Board of the Town of Southold appoint the following- Assistant Inspectors. -under the Southold Town Fire Code for the term September 9 , 1982 through September 8, 1983 : John C. Harrison--------------------Matt.ituck Fire District Robert A. Fisher--------------------Cutchogue Fire District Frederick E. Weber------------------Southold Fire District Allen AndrewsT--------------------- --Greenport Fire Department Joseph Vandernoth-------------------East Marion Fire District Elbert E. Luce, Jr------------------Orient Fire District Albert Dawson-----------------------Fishers Island Fire .District Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles,. Supervisor Pell . This resolution was declared duly ADOPTED. 3. Moved by Councilman Townsend, seconded by Justice Edwards., it was RESOLVED that the Town Board of the Town of Southold hereby goes on record as favoring the "Sense of the County Legislature" resolution which recommends that , to the greatest extent possible, future industrial development be located outside of Zone 3; and that any industrictl establishments that do locate within Zone 3 be required to adhere to the strictest water pollution controls including, but not necessarily limited to, no industrial discharge and no storage, use and handling of toxic and hazardous materials , and be it further RESOLVED that a copy of this resolution be forwarded to Suffolk * County Legislators Blass and Foley, Suffolk County Executive Peter F. Cohalan, and the Clerk of the Suffolk County Legislature. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles , Supervisor Pell . , This resolution was declared duly ADOPTED. 4. Moved by Justice Edwards , seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold appoint Venetia A. McKeighan from the Suffolk County Civil Service List to the position of Senior Citizens Center- Manager, effective immediately, at her present salary, hours and . location of employment. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 5. Moved by Justice Edwards , seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold appoint Marie D. Helinski from the Suffolk County Civil Service List to the position of Assistant Senior Citizens Center Manager, effective immediately , at her present salary, hours and location of employment . Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy , Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. NOVEMBER 23, 1982 356 6. Moved by Councilman Townsend" se66nded' by -Justice Edwards, it was (a) RESOLVED that the Town Board of the Town of.. Southold accept the bid of Goldsmith & Tuthill , Inc. , Southold, New York for supplying and delivering diesel fuel to the Town . of Southold Highway Department and Disposal Area for the calendar year 1983 at the lowest rack price, Northville Industries, Setauket , within five days of delivery, plus $ . 086. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy , Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 6. Moved by Councilman Townsend, seconded by Justice Edwards , , it was (b')'Li-FS-OLVED t`hdt the' Town Boa`r�d 'of the Town of Southold accept tho' bid of Goldsmith & Tuthill , Inc. , Southold, New York for supplying and delivering heating fuel oil to the buildings of the Town of Southold for the calendar year 1983 at the lowest rack price, Gulf Oil ' Corp . , Setauket , within five days of delivery , plus $ . 071 . Vote of the Town Board: Ayes : Justice Edwards ,. Councilman Townsend, Councilman Murphy, Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. 7. Moved by. Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following officers of the Cutchogue Fire Department as Fire , Wardens for Robins Island: Chief Fred W. Kaelin , 1st Assistant Chief Everett B. Glover, and 2nd Assistant Chief Robert Fisher, for a term to run concurrently with their Fire Department terms . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 8. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $552. 00 from the General Fund Whole Town Account A1680. 4 Central Data Processing, Contractual--into General Fund Whole Town Account A1110. 2 Justice, Equipment . Vote of the Town Board: Ayes : Justice Edwards , Councilman Townsend, Councilman Murphy , Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 9. Tioved by Councilman Nickles, seconded by Justice Edwards , it was RESOLVED that the Town Board of the Town of Southold set Tuesday, December 7 1982, Southold Town Hall, Alain Road, Southold, New York as date and place for hearings upon the following applications for Wetland Permits: 3: 00 P.M. upon application of Philip Obenauer for a Wetland Permit to place 800 cubic yards of clean upland fill in a 160 ft . by 150 ft . area on his property located at Case' s Lane Extension, on West Creek, Cutchogue, New York. 3: 05 P.M. upon application of Enconsultants , Inc. on behalf of Frederick Raymes for a Wetland Permit to construct bulkhead, boat launching ramp, dredge and backfill at right-of-way off Wiggins Lane, on manmade Fordham Canal, Greenport , New York. 3: 10 P.M. upon application of Enconsultants, Inc. on behalf of the Lagoon Association for a Wetland Permit to maintenance dredge an irregular shaped area within the Lagoon and place resultant spoil on the beach north of the bulkheaded canal as nourishment at Wunneweta Lagoon , off Peconic Bay, Cutchogue, New York. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Number 10 we are going to hold. (Pay $569. 36 to Holzmacher, McLendon and Murrell , P..C. for engineering services on the Town Wide Lighting Program. ) 11. Moved by Councilman Townsend, seconded by Supervisor Pell , (a) WHEREAS , the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the proposed Local Law to amend the Zoning Code of the Town of Southold containing 2.8 proposed changes as follows: _ r 3b7 NOVEMBER 23 , 1982 LOCAL LAW NO. 1982 A Local Law to Amend the Zoning Code of the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold is hereby amended as follows: (additions are indicated by underline; deletions by [brackets]) I. Article I is amended by additing thereto a new section, to be Section 100-9 to read as follows: Section 100-9. Title This chapter shall be- known and may be cited as the "Southold Town Zoning' Code". ' II. Section 100-10 of Article I is amended by adding thereto a new subdivision to be subdivision J to read as follows: J. To make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor. III. Article I. Section 100.-13, Subdivision B (Definitions) is amended by amending the following terms to read as follows: BASEMENT - A story [in] of a building [, the structural ceiling level of ?f�hich is four (4) feet or more] partly below the finished grade level which, 77as more than one-half (1/2) of its height, measured from floor to ceiling,, above'w'n. average [level of] established curb level or [the] finished grade [where such 'rade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished grade at any point on the periphery] of the land immediately adjacent to the building. CELLAR - Any space in a building [, the structural ceiling level of which is less than four (4) feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A "cellar" shall not be considered in determining the permissible number of stories] partly below the finished grade level, which has more than one-half (1/2) of its height, measured from floor to ceiling, above the average established curb level or finished grade of the land immediately adjacent to the building. FLOOR AREA - The sum of the gross horizontal areas of [the several] all floors of the building or buildings on a lot, having a clear height of not less than six (69 feet, measured from the exterior faces of exterior walls or from the center line of party walls separating. two (2) buildings, -[excluding] including cellar and base- ment areas. [used only for storage or for the operation and maintenance of the building. ] FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling unit, exclusive of a2rages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent (10"/6) of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six (6) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50%) of the area of such attic space. ,HEIGHT - The vertical distance measured from the average elevation of the finished grade [at the front] of the land immediately adjacent to the building to the highest point of the roof for flat and mansard roofs, and to the mean height between eave and ridge for other types of roofs. NOVEMBER 23, 1982' 35'8 HOME OCCUPATION - This'shall be unclerst"ood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practioners of a similar character, or rooms used for "home occupations"'including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides, [or in a building accessory thereto] and pro- vided, further, that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. STORY, HALF - Any space with a minimum clear height of five (51) feet partially within the roof framing where the .clear height of not more than fifty percent (50%) of such space between the top. of the floor beams and the structural ceil.i .g level is seven (7) feet six (6) inches or more. STRUCTURAL.ALTERATION - Any change in the supporting members of a building, such as beams, columns [or] , girders [. ] , footings, foundations or .bearing walls. IV. Article I, Section 100-12, subdivision B, (Definitions) is amended by adding thereto the following new terms: ALTERATION - As applied to a building or structure, means a change or rearrange- ment in the structural parts or in the exit facilities, or an enlargement, whether extending on a side or by increasing_ in height, or the moving from one location or position to another. BUILDING AREA - The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls. The term "Building Area" shall include the following: (1) Balconies. (2) Terraces, patios, decks and other structures above the finished grade (3) .: Swimming pools, tennis courts and other similar structures. The term "Building Area" shall exclude the following: (1) Cornices, eaves, gutters, chimneys and fireplaces projecting not more than twenty-eight (28") inches from exterior walls. (2) Steps and open porches projecting not more than five (51) feet from exterior walls and having an area of not more than thirty (30) square feet. (3) First story bay windows projecting not more than three (31) feet from exterior walls, and exterior cellar doors projecting not more than six (61) feet from exterior walls. CONDOMINIUM - A building or buildings the dwelling units of which are individually owned, each owner receiving a deed enabling him'to sell, mortgage or exchange his dwelling unit independent of the owners of the other dwelling units in the building or buildings. LOT COVERAGE - That percentage of the lot area covered by the building area. YARD - An open space, other than a. court,. on the same lot with a building, which is, exclusive of trees, shrubs, and natural rock formations, unoccupied and unobstructed from the ground upward. V. Section 100-30 A(2)(b) is amended to read as follows: (b) The keeping, breeding [and] , raising [of fowl, except ducks, and large domestic animals] and training of horses. domestic animals and fowl (except ducks) on lots of ten (10) acres or more. 359 NOVEMBER 23, 1982 VI. Section 100-30 A(2)(c) is hereby repealed and Section 100-30 A(2)(d) is-relettered 100-30 A(2)(c), and amended to read as follows: (c) Barns, storage buildings, greenhouses (including' plastic covered), and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. VII. Section 100-30 B is hereby amended by adding a new subsection, to be Subsection 14, to read as follows: 14. Wineries for the production and retail sale of wine produced from grapeo primarily grown on the vineyard on which such winery is located. VIII. Section 100-30 C(2) is amended to read as follows: (2) Garden house, toolhouse, storage building, playhouse, wading pool or swimming pool incidental to the residential use of the premises and not operated for gain, subject to the following requirements: IX. Section 100-30 C(2)(a) is amended to read as follows: (a) Any swimming pool shall be completely enclosed with a permanent chain- link (or sii-nilar type) fence cf not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self-closing, [self-locking] self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, [self-locking] self-latching gate. , Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereof. X. Section 100-30 C(4) is amended to read as follows: (4) The storage of either a boat or travel trailer owned and used .by the owner or occupant of the premises on which such boat or travel:trailer is stored, for his personal use, subject to the following requirements: XI. Section 100-30 C(5) is hereby repealed and the following is added in its place: (5) The keeping of not more than a total of two (2) horses and/or ponies owned and used by the owner or tenant of the premises, for his personal use, pro- vided that the land devoted exclusively to such use (not forming a part of the yard requirements for any other use) shall not be less than forty thousand (40, 000) sauare feet for each such horse or pony, and further provided that all buildings shall be located not less than fifty (501) feet from all lot lines. XII. Section 100-34 is renumbered 100-119A and Section 100-35 is renumbered 100-119B and the reference therein to Section 100-34 is changed to 100-119A; and Section 100-36 is renumbered to 100-34. XIII. Section 100-34 (as renumbered from 100-36) is hereby amended to read as follows: In the A District, in the case of a lot held in single and separate ownership [on th effective date of this chapter] prior to November 23, 1971 and thereafter, with a area of not less than twelve thousand five hundred (12, 500) square feet and [/or] iL width of not less than [the requirements of this chapter] one hundred (1001) feet, a single family dwelling may be constructed thereon with rear and side yards reduced by twenty-five (25%) percent [provided that all other yard requirements are com- plied with. ] , with a front yard set back of thirty-five (351) feet, or the average setback of the existing dwellings within three hundred (3001) feet therefrom on the same side of the street within the same block, whichever is greater. XIV. Subdivision C of Section 100-50 is amended by adding a new subsection (3), to. read as follows: (3) Signs as set forth in Section 100-40C(3) of this chapter. XV. Subdivision A of Section 100-60 is herebyamended to read as follows: NOVEMBER 23, 1982 360 " A. Permitted uses [, ), subject ;to site plan .approval by the Planning Board in accordance with Article XIII hereof: XVI. Section 100-60A is hereby amended�by adding a new subsection, to be subsection (10) to read as follows: (10) Si gle family dwelling units in existing buildings. XVII., Subdivision A of Section 100-70 is hereby amended to read as follows: A. Permitted uses [. ] , subject to site plan approval by the Planning Board in accordance with Article XIII hereof: XVIII. Section 100-70 A(1)(c). is amended to read as follows. (c) Subsection A(2) to [(9)] (10), inclusive of Section 100-60. XIX. Subdivision C of Section 100-70 is amended by adding a new Subsection (2) to read as follows: (2) Signs as set forth in Section 100-60 C(2) of this chapter. XX. Subdivision C of Section 100-80 is amended by adding a new subsection (2), to read as follows: (2) Signs as set forth in Section 100-60 C(2) of this chapter. XXI. Section 110-112 is corrected to read Se.ction,106 112. XXII. Section 100-121 is hereby amended by adding a new subdivision, to be subdivision D, to read as follows: D. Interpretations. On appeal from an order, decision or determination of an administrative officer, or on request of any town officer, board or agency to decide any of the following: (1) Determine the meaning of any provision in this chapter, or of any.condition or requirement specified or made under the pro- visions of this chapter. (2) Determine the exact location of any district boundary shown on the Building Zone Map. XXIII. Section 100-124 is hereby amended to read as follows: Section 100-124 Fees All applications to the Board of Appeals for any relief provided for herein shall be accompanied by a fee of [fifteen dollars ($15)] twenty-five dollars ($25. 00). XXIV. The first sentence of the first unnumbered paragraph of Section 100-136 (Cluster Development) is amended to read as follows: The Planning Board may [approve], in the exercise of its discretion, require cluster developments for one family dwellings in an A Residential and Agricultural District according to the procedure and requirements [specified below. ] hereinafter set forth, without the requirement that the owner make written application for the use of such procedure. XXV. Section 100-136, Subdivision A. Subsection (2) is hereby amended to read as follows: (2) In a cluster development, lot area [, ] shall not be reduced by more than fifty (50%) percent,_ and lot width, depth, front yard, rear yard and side yards shall not be reduced by more than [fifty percent (50101 thirty (30%) percent of the minimum requirements set forth in the "Bulk and'Parking Schedule". 361 NOVEMBER 23 , 19,82 ` XXVI. Section 100-141, Subdivision A is hereby amended by adding a new sentence thereto to read as follows: If the Building Inspector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes, he may require that plans and specifications be filed with the building permit application. XXVII. Section 100-141 J(1), (2), (3), (4) and (5) are hereby repealed and the following provisions are added in place thereof: (1) Single ifamjjy dwellin s. (a) New Dwelling and additions and alterations to existing dwellings - Twenty-five ($25. 00) dollars, plus five ($0. 05) cents for each square foot. of floor area in excess of eight hundred-fifty (850) square feet. (b) Accessory buildings and additions and alterations to existing accessory buildings - Ten ($10. 00) dollars, plus five ($0. 05) cents for each square foot of floor area in excess of five hundred (500) square feet. (2) Farm Buildings and additions and alterations to existing farm buildings - Fifteen ($15. 00) dollars for each building. (3) Hotels, motels, multiple dwellings, business, industrial and all other buildings. (a) New buildings and additions and alterations to existing buildings - Fifty ($50. 00) dollars, plus five (SO. 05) cents for e.ac'h'square Toot of floor area in excess of one thousand (1, 000)`-s*c',-�-, re'.feet. (b) Accessory buildings and additions and alterations to existing accessory buildings —Fifteen ($15. 00) dollars, plus five ($0. 05) cents for each square foot of floor area in excess' of five hundred (500) square feet. (4) Foundations constructed under existing buildings - Thirty ($30. 00) dollars. (5) All other structures (i. e. fences, pools, etc. ) and additions and alterations to such structures - Fifteen ($15. 00) dollars. (6) For the purposes of this subdivision J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. XXVIII. Section 100-144G is hereby amended to read as follows: G. Upon written request and upon payment of a fee of [five dollars ($5. )] fifteen ($15. 00) dollars, the Building. Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use and whether or riot the same and the building conform to the provisions of this chapter. =IX. This Local Law shall take effect immediately. NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Southold Town Board at 3: 30 P.M. , Tuesday; December 21 , 1982 at the Southold Town Hall, Main Road, Southold, New York on the aforementioned proposed Local Law, at which time any person desiring to be -heard should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the requirements of law. Vote of the Town Board: Ayes: . Justice Edwards , Councilman Townsend; Councilman Murphy, Councilman Nickles, Supervisor Pell. - -- This resolution was declared duly ADOPTED. 362. NOVEMBER 23, 1982 w, 11. Moved by Councilman Nickles.,- seconde. .,by,,,,-,S"upervisor Pell , it was (b) RESOLVED that the Town Board of"the `Tdownof Southold will hold a public hearing at the Southold Town Hall , Main Road, Southold, New York on the 21st day of December ,.. 1982 at 3: 35 P.M. , at which time and place all interested persons will be given an opportunity to be heard upon the following matter: LOCAL LAW NO. ,. 1982 A Local Law in Relation to Permits for guest to park at Town beaches. BE IT ENACTED by the Town Board of the Town of Southold as follows: §1. Section 65-3 of Chapter 65 (Parking at Beaches) is hereby amended by adding a new subsection thereto to be Subsection E to read as follows: E. Guest Permits (1) Guest parking permits shall be issued by the Town Clerk, or a person designated by the Town Clerk, to all persons who are qualified residents of the Town of Southold, as defined in Section 65-3A hereof, for use by guests temporarily residing in the dwelling of such resident. A resident applying for a guest parking permit shall present an application in affidavit form, signed by the applicant, setting forth the following: (a) The location of the property to be occupied by the guests. (b) The names and permanent. addresses of the guests. (c) The length of time of the guest occupancy. (2) Upon a determination by the Town Clerk, or person designated by the Town Clerk that the applicant is entitled to a guest parking permit, and upon the payment of the permit fee, such permit shall be issued and 'inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in Section 65-3A (3) hereof. (3) The fee for the issuance of a guest parking permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. §2. This Local Law shall take effect immediately. Vote of. the Town Board: Ayes: Justice Edwards, Councilman .Townsend, Councilman Murphy, Councilman Nickles , Supervisor Pell . This resolution was declared duly ADOPTED. 11 . Moved by Councilman Townsend, seconded by Supervisor Pell , it was (c) 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 21st day of December, 1982 at 3: 40 P.M. , at which time and place all interested persons will be given an opportunity to be heard upon the following matter: LOCAL LAW NO. , 1982 A Local Law to establish a Landmark preservation Commission and to prescribe its duties. BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding thereto a new 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". 363 NOVEAMER 23 , 1982 Section 56-2., Declaration of Purpose and Policy The Town Board finds there exists in the Town of Southold structures and buildings of historic or architectural significance, antiquity, uniqueness of exterior design or construction, which should be conserved, protected and preserve( 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 Landmark Preservation Commission and procedures which it can follow to assist Southold Town owners of buildings and structures in order to con- serve, protect and preserve such structures and buildings thereby preserving t unique character of Southold Town which will substantially improve property an commercial values in the Town and make its hamlets even better places in whic .. 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 ARCHITECTURAL 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 identification with historic persons or events in the Town of Southold. ARCHITECTURAL SIGNIFICANCE - The',quality of a-building or structure based on its date of erection,. style and' scarcity of same, :quality of design, present condition and appearance or other characteristics that embody t distinctive characteristics of a type, period, or method of constr.u-cteon. LANDMARK - Any structure or building which has..historical or architect.,,,,—ra_ sign--iii. arl C. b' LANDMARK DESIGNATION - The designation of a .Landmark pursuant to the provisions of this Chapter. 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 tex•m 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 b filled by the Town Board by appointment for the unexpired term. C. Meetings of the Commission shall be open to the public. Meeting-, 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 Town 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. NOVEMBER 23, 1982 364 E. The-Commission"."may.:incur such expenses in the perfromance 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 functions: activities. A. Encourage the-preservation of Landmarks through educational B. Recommend buildings and structures to the Town Board for landmark designation in accordance with the provisions of Section 56-6 hereof. C. RecTiaw, and where appropriate give advisory recommendations with respect to all applications for building permits involving alterations of the exterior of 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 and suggestions to or at the request of owners or the Town BoLLrd to implement the purposes of this chapter. P. Promote and encourage historic,awareness and judicious concern for designated landmarks. Section 56-6. Landmark Designation A. Selection of buildings and structures for landmark designation shall be determined on the basis of historical and/or architectural significance. B. In considering buildings and structures for possible landmark designation, the Commission shall comply with the following procedure, to wit: L. Prior to recommending to the Town Board that a building or structure be designated as 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 recommending to the Town Board that the building or structure be designated as a designated landmark. Such notice shall be sent by certified mail, return receipt requested.. Such notice shah request that the owner consent to such designation 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 Commissioner. 2. The Commission may not proceed to make its recommenda- tion 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 Commissioner; or (c) A member 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. 3. When the Town Board receives a recommendation from the Commission that a building or structure be designated as a landmark, the Town Clerk shall give written notice thereof to the owner. of the property, stating the time and place when the Town Board will meet to consider the question of the .land- mark designation of such building or structure. Such notice shall also state that the owner shall be given an opportunity to be heard at such meeting. 365 NOVEMBER 23 , 1982 C. The designation of property as a designated landmark by the Town Board, 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 modification of the property by the owners thereof. D. The designation of property, as a designated landmark by the Town Board, pursuant to the provisions of this chapter shall not become effective until such property is entered in the Register of Designated Landmarks and filed with the Town Clerk. Section 56-7. Reveiw of Building Permit Applications A. Every application for a building- perffiit for the reconstruction. e alteration of or addition to a designated landmark shall be referred by the Building Inspector to tie 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 com- plete until the Commission has filed its written comments and recommendations, or the passage of fourteen (14) days from the date of referral of the Building Permit application 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 min- imize the costs, time and inconvenience to the owner. D. In reviewing an application for a building permit, .he Commi: sion shall consider only the exterior architectural features of the buiidng or structure. E.. The comments and recommendations of the Commission 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 with such comments and recommendations shall not delay or in any way impede the otherwise favorable action on the issuance of a building permit. F. Nothing contained in this chapter shall be deemed to prevent the ordinary and necessary maintenance and repair of any exterior architectual features of a designated landmark which does not involve a significant change in design, material or outward appearance thereof. Section 56-8. Termination of Landmark Designation Whenever a designated landmark is destroyed or its exterior is altered to such an extent that it ceases to have architectural significance, the Town Board may, by resolution, direct that it be removed from the Register of Designated Landmarks. Prior to taking such action, however, the owner shall be given written noticeof such proposed. action, and shall be given an opportunity to appear before the Town Board and be heard thereon. Section 56-9. 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 invalid, such determin- ation shall not affect or result in the invalidity of any other provision contained in this chapter. NOVEMBER 23 , 1982 366 Section 56-10. . -Effective Date This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards,. Councilman Townsend, Councilman Murphy , Councilman Nickles,, Supervisor Pell . This resolution was declared duly ADOPTED. 12. Moved by Justice Edwards, seconded by Councilman Nickles , it was RESOLVED that the Town Clerk be and she hereby is authorized and directed. to readvertlse for bids for the purchase of gasoline for the Town of Southold for the calendar year 1983 . Vote of the Town Board: Ayes: Justice Edwards , Councilman Towns_e,nd.,.. Councilman _M;arp;tyy, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 13. Moved by Justice Edwards , seconded by Councilman Townsend, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to- readvertise.,for bids for the sale of scrap metal and paper by the Town of Southold for the calendar year 1983. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy , Councilman Nickles , Supervisor Pell . This resolution was declared duly ADOPTED. 14. Moved by Councilman Townsend, seconded by Supervisor Pell , it was RESOLVED that the Town Board of the Town of Southold set 3: 25 P.M. , Tuesday, December 21 , 1982, Southold Town Hall , :-Main Road, Southold, New York as time and place for a public hearing to consider a proposed contract with the. Village of Greenport for the funishing of water for fire protection purposes by said Village, .to .­t;he Fire Protection District established in said Town and known as "East-west Greenport Fire Pro- tection District , Town of Southold, New York" . Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 15. Moved by Supervisor Pell , seconded by Councilman Nickles, it was RESOLVED that the Town Board of the 'Town of Southold engage the services of Pierre G. Lundberg as the Town Board Representative on the Arbitration Panel for the P.B:A. contract ; at a fee of $90. 00 per hour, including travel time and mileage and other expenses on any occasion he would be required to go elsewhere than the Southold Town Hall. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Nickles , Supervisor Pell . This resolution was declared duly ADOPTED. SUPERVISOR PELL: In essence, if I can comment , we have been in negotiation with the P.B.A. for a contract for next year, perhaps a two year contract , but it looks like they' re going into binding arbitration. 16. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the application of Ange & Barbara Boursiquot dated November 4 , 1982 to maintain a single family house trailer on their property on private road off north side Main Road, Mattituck, New York (formerly property of Carl Frelix) , be and hereby is granted for a six month period. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Nickles , Supervisor Pell . This resolution was declared duly ADOPTED. 117. 1loved by Councilman Nickles , seconded by Councilman Murphy , WHEREAS , studies have been conducted relative to a method of stabilizing the Cedar Beach Inlet, and WHEREAS, dredging of the Cedar Beach Inlet year after year has failed to correct the situation of constant shoaling at the mouth of the Inlet which makes the Inlet both unnavigable and hazardous , and WHEREAS, it is the opinion of several engineers who have studied the Cedar Beach Inlet that the construction of jetties would be the only solution to this constant problem, and would eliminate the necessity for frequent dredging operations which have been unsuccessful , and upset the ecological balance of the Inlet , now, therefore, be it 367 NOVEMBER 23, 1982 RESOLVED that the Town Board of the Town of Southold .hereby requests Suffolk County Legislator Gregory J. Blass to introduce legislation before the Suffolk County Legislature to take the first steps necessary for the construction of jetties at Cedar Beach Inlet . Vote of the Town Board: Ayes : Justice Edwards , Councilman Townsend, Councilman Murphy , Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. 18. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Board Members, Town Attorney Tasker, and Town Superintendent of Highways Dean to travel to Albany, New York to meet with officials of the New York State Department of Environmental Conservation to discuss the amendment of the 201 Wastewater Facility Plain, and the necessary``expefses for traV,31:r;_.`';: meals and lodging shall be a legal charge against the Town of Southold, and be it further RESOLVED that in lieu of the abovementioned Town Officials travel- ing to Albany , the Town Board hereby authorizes the expenses for travel, lodging and meals to be paid for an official of the New York State Department of Environmental Conservation to travel to Southold Town to discuss the aforesaid 201 Wastewater Facility Plan . Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy , Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. 19. Moved by Councilman Townsend, seconded by Supervisor Pell , WHEREAS , the Town Board of the Town of Southold is in receipt of a letter from Long Island Lighting Company to Suffolk County Executive Peter F. Cohalan notifying him of the pending termination of electric services to the Captain Kidd Water Co . , Inc. , Mlattituck, New York, and WHEREAS , the termination of the electric services to this water company would terminate water service to the. residents and taxpayers of the Captain Kidd community, whose only source of water is from the Captain Kidd Water Company , Inc. , now, therefore, be it RESOLVED that the Town Board of the Town of Southold' urges Suffolk County Executive Peter F. Cohalan to request the Suffolk County Water Authority to immediately become involved in the operation of the Captain Kidd Water Company, Inc. , thereby fulfilling their 'obligation to see that water is made available to the residents and taxpayers of the Captain Kidd community. Vote of the Town Board: Ayes: Justice Edwards , Councilman• Townsend, Councilman Murphy, Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. 20. Moved by Councilman Murphy, seconded by Councilman Nickles, it was (a) RESOLVED that the Town Board of the Town of Southold hereby appoints James McMahon as Southold Town Community Development Director, effective September 1, 1982 through December 31, 1982, at a fee not to exceed $3, 600. 00. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. COUNCILMAN TOWNSEND: I might point out that this has been done from January on , .this is an interim appointment . 20. Moved by Supervisor Pell, seconded by Councilman Townsend, it was (b) RESOLVED that the Town Board of the Town of Southold hereby approves payment of vouchers in the amount of $3, 036. 00 from James McMahon for services rendered as Southold Town Community Development Director for the period of September 1, 1982 through November 15, 1982. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy , Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. 21. Moved by Councilman Townsend, seconded by Supervisor Pell , it was RESOLVED that the Town Board of the Town of Southold reject the bid of West Mountain Sales , Inc. for supplying the Town of Southold with one Brown Bear Cub/Auger Composter at $62,263 .00 and Royer Shredder at $12,443. 00, for a total bid price of $74,706. 00, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and NOVEMBER 23, 1982 369 directed to advertise for bids fo"r :supplying the Town of Southold with one Brown Bear Cub/Auger Compo'ster and Royer Shredder, or equal . Vote of' the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell . This resolution was declared duly .-ADOPTED. COUNCILMAN MURPHY: Being that this was the week that was designated as the official Vietnam Veterans Welcome Home Week, I think the Town Board should offer a resolution doing the same thing and offering our thanks to all those veterans and families who gave so much. 22. Moved by Councilman Murphy, seconded by Councilman Nickles, WHEREAS , we have witnessed the dedication of the Vietnam Veterans Memorial in Washington, D.C. , and this nation has finally begun the healing prgcess that is. necessary to heal the wounds ..that were caused ' . by the. long and terrible conflict in Vietnam, and WHEREAS, the dedication of the mounment and the national recognition attracted to it was a very wonderful and welcome sign, it is only a beginning, and one that should continue to grow along with the under- standing of the American people towards those brave men and women we call Vietnam veterans , and WHEREAS, the bullets that were fired in Vietnam were just like those in other wars , that the blzd that was shed by Americans in Vietnam was as red and true as the- blood shed in every other conflict , and WHEREAS , the debate is not whether the war was right or wrong, the discussion now surrounds the wounded who returned, the nearly 58,000 who did not , and the countless thousands that were- wounded upon their return home, and must be counted into the casualties of the Vietnam war, now, therefore, be it RESOLVED that the Town Board of the Town of Southold says , "Welcome Home" to those Americans who served in Vietnam, protecting the American people as well as the flag;;of, this;;,,4ation, in duty, honor and country. Vote of the Town Board: Ayes: ' Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Councilmen, is there anything I left out or omitted you would like to add at this time? Joseph? COUNCILMAN TOWNSEND: Are you going to talk about---the Town. Board has spent the last evening and today, a large part of it , talking about the scavenger waste plant and some interesting things are happening and hope we will bring them up to date. That ' s what , I think, necessitated the resolution number 18 on the agenda, to go up to Albany to see if we could modify some of our 201 Study or determine the best way to proceed with the scavenger waste plant at this point . SUPERVISOR PELL: John? t COUNCILMAN NICKLES: I would just like to say that Councilman Murdock is not with us today .because unfortunately his wife has been having serious illnesses and they ' re off to see specialists for consultations today and that ' s why Councilman Murdock is not with us. SUPERVISOR. PELL: Frank? (Nothing. ) Judge?_ (Nothing. ) I have one thing I ' d like to comment on. A meeting was held here last night in regards to the Jockey Creek Bridge, removal of it and repair--build- ing a new bridge. There were about 35 people here and the concensus was that they would like to see the bridge repaired, which has to be done, but while the bridge is out there will be a nine to twelve month. detour around it , they would request the County of Suffolk to come in and dredge on the west side of the bridge and when they put the bridge back they would like to see it raised a foot , foot and a half , possibly two feet high, if they could raise it . This is a duplicate remark that was made about a year and 'a half ago, two years ago when we had the same meeting here and I will pull a letter out of the file that we sent to the County Department of Public Works and reaffirm the stand of this Town Board which is already on record as saying we would like it dredged out and we would like the bridge raised if 'possible. So that letter will be going out in the next day or two. That ' s all I have to say. Mr. Frank Bear wants to address the Board. MR. FRANK BEAR, Southold: I gave to each one of you a copy of a memorandum on Peconic Dunes which was written by Henry Berger, Chief Deputy Commission of the Department of Parks , Recreation and Conser _ vatioh to the Commissioner, John Chester, in which he reported on 369 NOVEMBER 23 , 1982 the last season at Peconic Dunes . You will recall a year or so ago this Town Board and I personally as a member of the County Parks Department Trustees were concerned about the possibility that Peconic Dunes would be put out to a concessionaire. We were concerned because it might not serve the purpose that it is supposed to and that there might problems as far as the equipment and the buildings are concerned. This points out that the season that just finished under the management by SCOPE , that there was more use of the camp than had been expected from 1,080 registrants to 1 ,200 over eight weeks , and also that the income was higher than expected from $11 ,237 . 00 to $13,193. 00. Apparent- ly it was an excellent program according to this report . I have some questions in connection with that . It was pointed out that they did hire a person who was involved with the Peconic Dunes Camp in previous years, Tom Gleeson, that they hired local young people and bought local produce so it actually was not going.. outside tie Tr),wn for iAy 'more than necessary, and they ' re hoping that this will be a year-round program by SCOPE next year , as SCOPE is now contracting with BOCES for the " Outdoor Learning Program. So it appears that the camp has been run well during this last season by SCOPE and that our concerns were pretty well answered because they did- have a good contract , a. good relationship with SCOPE. Thank you. MRS. RUTH OLIVA, President , North Fork Environmental Council: First I ' d like to compliment both Frank Murphy and Ray Dean for their research and development in bring this compost plan to the landfill. I feel that at very least it will be a volume reduction in the land- fill and also .a good way of cleaning up the lagoons there and at the best perhaps we can use that instead of the 201 Study for the scavenger waste. Next I have three recommendations for the Board.. (1) I would like to request that the Town Board at their next. Work Session draw up a letter, to the County asking for reappraisal of our farmland so that the price of the development rights can be raised making it1nore lucrative. for the farmer to get. involved, and in delivering this letter I think we should have a delegation of concerned citizens and the Town Board to take it either to Koppelman ' s or Cohalan ' s office. I hope you all read the article about water in Newsday. I ' d first just like to read a couple of quotes in here: "By contrast , the outlook for Suffol water , despite severe quality problems on the North Fork,- reraains relatively bright for the near future. " "In' Suffolk, with the exceptio.. of the North Fork, the County ' s water problems do not approach a crisis for three reasons. " "Experts do not forsee similar salt water intrusion ' in Suffolk in the near future , except on the North Fork. " "No municipality is planning adequately to protect ground water quality, Engelbright and State officials say. The Town ' s have been fitfull , Engelbright said recently, there has been no coherent long-range program carried out in any one town that has satisfactorily fitted into the front line think- ing about what really ought to be done for ground water quality. This is largely because the Town Boards change every two years. " And finally,: "The Island' s problem is bad. Without a management program land development will proceed with the almost inevitable consequence of contaminating future water supplies. " Therefore, I would like to recommend to the Town Board that at your next Work Session that you set up a special "Water Task Force" to work with the North Fork Environmental Council , League of Women Voters and any experts that we might deem qualified, so that we could have our first meeting in January to digest the material that will be available from the two studies that are going on now, and that. we can further take in the final report of the studies in February ; then we could sit down all spring and work out a constructive program for water management to perhaps give to the people in May and put in implementation say some- time next summer. We've just got to do something. Y7e cannot sit still any longer. Thirdly, I ' d like to recommend that you all not eat too much turkey, but have a most enjoyable Thanksgiving. Thank you. SUPERVISOR PELL: Does anybody else wish to address the Board? Mr. Sam Markel. MR. SAMUEL MARKEL, Southold: Mr. Supervisor and Board, I 've come across a rumor that I ' d like to have either dispelled or brought out into the open . I understand that we received a violation, traffic violation on an official car from Connecticut a while back. Is this a fact? SUPERVISOR PELL: This is a fact . It was about a year ago, Sam. The gentleman has been reprimanded for it . NOVEMBER 23, 1982 370 MR. MARKEL: The case of reprimanding, I would like to find out that whoever took that car to Connecticut--it was just like stealing money out of the treasury of Southold Town, and my pocket and your pocket and everybody else' s pocket that, pays taxes in this Town and I don ' t; think a reprimand is enough. I would like it made public who it was and I would like to know why he was just reprimanded, and not fired for doing something like that . It is cause for firing. It is stealing from this Town and I think it ' s your responsibility, everybody on the Board' s responsibility to stop any stealing that goes on in this Town. I would like to know publicly who the gentleman is who took the car to Connecticut. SUPERVISOR PELL: I will ask the Town Clerk to dig out the minutes . The minutes are public record, and read them to us . HENRY LYTLE, Peconic: On Resolution No. 4, is that in any way changing Mrs . McKeighan ' s status? SUPERVISOR PELL: No: What it is is the federal government wanted to make sure all these managers were qualified to perform their duties , so to do this they went to civil service and had civil service prepare an exam for them and that does not change one bit . MR. LYTLE: She does a very good job and I was just wondering. COUNCILMAN NICKLES: I appreciate the report on SCOPE that Frank gave us. I 'm glad to see that the county apparently is making money over at that camp . I would like to note two things though. One , before this camp was turned over to SCOPE "and we had all the problems with the camp there , that was the only facility in .Suffolk County that met a particular need of handling youngsters over there and I think it' s a shame that we lost that ' and one of the reasons that we lost it , from my point of view at least from the meeting that we were at at the camp with the commissioner last year, was that they had spend, I think, $75, 000. 00 to have a study to decide whether or not they should use the camp further or use the buildings , but I see SCOPE is still using the buildings, as is the private property owner using the buildings as the oldest camp in New York State, I believe it is , and they' ll probably continue using it and I think it ' s a shame .that government has come to such a state that we have to spend thousands of dollars for studies when they could have put that $75,000. 00 in there and refurbished the buildings and continued giving some place for young children a camp. SUPERVISOR PELL: I think you can recall , Frank, I made a report one time during the summertime that my wife and I were invited up there for lunch and saw the kids eat and Tom Gleeson has done a superb job. COUNCILMAN NICKLES: Frank, I 'm not denigrating the good works of the SCOPE program, but I couldn 't let this pass by. MR. BEAR: As a matter of fact , I had thoughts along that line myself. I will point out that during this last year the County put in a new kitchen floor and two cesspools and they hope to contract for other buildings other capital projects carried on, maybe, by the contractor next year. However, that ' s not done yet and I don't know what 's going to happen on that and I 'm glad you brought that up. I 'm going to ask some questions about that at the next meeting. 'SUPERVISOR PELL: This is the Town Board minutes of February 23rd, 1982. This is in the official minutes of the Town , Sam, it is public record and it will be read to you and then I have a comment to make after it is read. TOWN CLERK TERRY: "RESOLVED that the Town Board of the Town of Southold has arrived at the following disciplinary- action and decision with reference to the unauthorized- use of a. Town automobile assigned to James McMahon, ..Youth Coordinator: *.Mr. Alc)klahon shall immediately reimburse the Town of Southold the sum of $80.00, wh.ich- represents 400 miles at 200 per mile and a documentation of the reasons for this disciplinary action shall.. he placed in Mr. Mclfahon's personnel file:. " SUPERVISOR PELL: Mr. McMahon, at that time , was away out of town on vacation. The car was in his yard. His wife--her car would not start , so his wife took that car and went to her home in Connecticut . �- It did . receive a parking ticket in a handicapped parking zone. It NOVEMBER 23, 1982 372 was mailed into Town here, that is ho;w we''got wind of it . We did check it out and when he came back we called him in here. He had no knowledge of his wife taking the vehicle--taking the keys out of his dresser at home and .taking it . . MR. MARKEL: It is the responsibility of any employee. .of the Town to safeguard an automobile that ' s in his possession at his home. First of all , why is he taking the car home? Why was the car home? Especially if he was on vacation. There is no need for anything like that . What- ever the case may be. Why does he have--is there an emergency factor? Is the juvenile delinquents going to call someone 3 o ' clock in the morning and he has -to jump out of bed and hop into his car and go see them? It ' s ridiculous , absolutely ridiculous. First of all he shouldn' t have the car at home to start with. Twenty-cents a mile-- .,according to Hertz the average cost is forty-five cents a mile to operate a motor vehicle, which does not take into effect the bu;�ing and repairing of any vehicle like that , that ' s strictly operation. I don' t think the reprimand was enough and I don ',t think the associated publicity was , even brought to anybody ' s attention and I' think it should be brought to a lot of people' s attention. Was that at an open meeting that y.ou, reprimanded .him? SUPERVISOR PELL: Right here. Ruth, were you here? MRS. OLIVA: Yes , I remember it . I was here. MR. MARKEL: I think the Town Board should start making some more stringent rules than that , and I don ' t think any car should go home to anybody' s yard unless it is an ' absolute: ,_emergency or necessary use for the employee. SUPERVISOR PELL: Thank you. . The only time . Mr. McMahon takes his .car home now--I sent him a letter at the direction of the Town Board-- to leave his car here unless he has meetings at night when he has to go out with the youth ,at night , other than that his car is left here. Ray Dean takes his car, I take my car, Chief of Police takes his car. MR. MARKEL: I can understand Ray Dean taking a car, I can understand the Police Chief taking a car, I can understand you taking a car. As a matter of fact the late Albert Martocchia practically lived in his car, and he was much like LaGuardia, he used to answer all the police calls. And I can understand Ray having a car at home because he' s called at all hours , I 've called him late at night myself. I can' t see other Town employees having vehicles at home and the third one is all right too--Danny Winters' is all right. This is no more important than our environment and our water and our camp over here at Pine Dunes and Robins Island or anything else. It has to start somewhere and it should start where the actions are against the taxpayers. COUNCILMAN MURPHY: Mr. McMahon ' s car was also bought under a grant program. AIR. MARKEL: I could care less if we got the car for nothing. COUNCILMAN MURPHY: I realize, and it was the fault of the Board probably not making more stringent rules and regulations, but it was strictly a grant car that belong really- to the County Juvenile Aid Program. MR. MARKEL: Who puts the gas in the tank, Frank? COUNCILMAN MURPHY: We do. I 'm not backing off on anything, Sam, just this is one of the reasons that it---very little thought even was given that the car was going home every night. MR. MARKEL: Well, I want to tell you that I 'm not alone. I didn 't come here alone to tell you of this situation. It is really quite a topic of converation in Town. COUNCILMAN NICKLES : I think, Sam, that you' re proper to be incensed over this incident ,--but as you now understand it happened almost ten months ago and I think the Town Board was as incensed as you are appearing today and I think--I. believe that we took the appropriate measures considering the circumstances and I for one stand on the disciplinC.ry action that the Town took at that time and I have to say as one individual Town Board member I was inclined to go for dismissal , because that ' s how upset I was over this incident , but there were many _ __ 373 NOVEMBM 23, 1982 mitigating factors that occurred. We' re not saying it ' s right , but I think most people on this Town Board are fair minded people and they believe each person is entitled to one. mistake and we did make restitution of the taxpayer's money. It may not meet everybody ' s criteria of what that amount should be but it was made and I think the case is closed. It ' s unfortunate that it only. has come to your attention recently when it could have come to your attention when it was timely and maybe the Town Board. would have reacted- differently, I don' t know. SUPERVISOR PELL: I think it was in the local press--I 'm almost positive it was. I remember reading it . MR. MARKEL: Well, I get the local press and I didn ' t see anything of it, and I read it from cover to cover. /SUPRERVISOR PELL: It was done right here at a meeting. MR. MARKEL: ' -But, by the same token , John., the circumstances surround- ing it--suppose we had a policeman on the force and he has ,a gun at home and his wife takes the gun and shoots one Councilman? Whose fault is it , the Councilman that was shot or the cop that didn ' t lock up his gun at home? COUNCILMAN NICKLES: Your point is well taken. SUPERVISOR PELL: Anybody else wish to address the Bo.ard? Moved by Supervisor Pell , seconded by Councilman Nickles , it was RESOLVED that this Town Board meeting stand adjourned at 4:17 P.M,. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy , Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. Judith T. �'e'rry Southold Town Cl rk Q ,