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HomeMy WebLinkAboutTB-10/04/1983 276 SOUTHOLD TOWN BOARD OCTOBER 4, 1983 WORK SESSION 8: 30 A.M. - The Town Board met with Water Advisory Committee members Martin Trent, Ruth Oliva, Jim Monsell and Joe Baier of the Suffolk County Department of Health. Mr. Trent, spokesman for the group, advised the Board that contamination is the major problem and would like the Town Board to consider their recommendations to (1) call on the state and county governments and demand an accounting of actions being taken to prevent the continuing contamination of the drinking water supply for Southold Town, (2) Town establish a Water Management Program, (3) require RPP&W to incorporate detailed water supply"pro- tection and conservation measures. in the Master Plan update, (4) Town confer with the Suffolk County Department of Health Services and pass the necessary legislation to require any new community water systems created by new .subdivisions to be deeded upon completion to the town or Greenport Water District, (5) the Town upgrade and operate the water system in Captain Kidd Estates, (6) Townwide information program be established to promote public understanding of the water .supply situation. ' Joe Baier stated a number of companies are interested in establishing a water filter franchise and the county would be happy to aid and advise the Town on selection of a filter program. Council- man Murphy asked the Committee to help the Town establish the Water Management Program and suggested the Town Board ask the Town Attorney to look into the creation of a Water Management Department. Councilman Nickles said he is not satisfied that such a department is the function of the Town. Councilman Townsend stated he would like to see it as cost-effective as possible and seek outside management. The Board — suggested the Committee discuss the watershed idea with the Planning Board and RPP&W for incorporation in the Master Plan update. Mr. Trent was asked to draft a letter and guidelines on the establishment of a Water Management Program and present it to the Town Board on' October 18th. 9': 30 A.M. - The Board audited the outstanding bills. 10: 05 A.M. - The Board began reviewing the agenda. 11: 00 A.M. - David Spohn, President, North Fork Aviation Association, met with the Board to discuss the request of PRC Speas for the appoint- ment of Southold Town's representative on the Airport Site Selection/ Master Plan Study, as .well as the appointment of representatives on THE Technical Advisory Committee for the Study. (See Resolution No.23. ), EXECUTIVE SESSION 11 : 15 A.M. - The Board met with Jim Preston and George Sullivan, to discuss problems they are have with Building Department personnel and procedures. Victor Lessard was present and explained the position of the Building Department. 12:10 P.M. - Recess. 12:20 P.M. - Harper LeCompte addressed the Board on his request for the adoption of a resolution supporting a mutual, verifiable freeze on the testing, production and deployment of nuclear weapons and their delivery systems, as well as a major reduction in nuclear weapons. Mr. LeCompte said Town Boards do not need expertise to adopt this resolution, Smithtown and Huntington have already done so. Councilman Murdock objected to the timing, that it looks like a political issue. The Board was polled and the resolution would not pass. Justice Edwards asked that it be held until he can be present at the October 18th meeting. 12: 30 P.M. - Recess for lunch. 2 :15 P.M. - The Board resumed reviewing the agenda. October 4, 1983 277 3:00 P.M. - Public hearings were held on wetland applications of Robert Stewart, Leonard Lang, and John Bertani, as well as proposed Local Laws (No. 10 & 11) . EXECUTIVE SESSION 3 :30 P.M. - Executive Administrator Victor Lessard met with the Board tb �discuss Building Department procedures and personnel. 4 :05 P.M: - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, October 4, 1983., at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Town Clerk Judith T. `T'erry Town Attorney Robert W. Tasker Absent: Justice Raymond W. Edward. Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the following audited bills are hereby approved for payment: General Fund Whole Town bills in the amount of $35, 815. 05; General Fund Part .Town bills in the amount of $16 ,515.33; Highway Department bills in the amount of $106,511. 71; Fishers Island FErry District bills in th� amount of $26 ,615. 79, Federal Revenue Sharing bills in the amount .bf $9,641.29; Home Aide bills in the amount of $294. 83; Waste Water'.Disposal District bills in the amount of $955. 00. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was. declared duly ADOPTED. SUPERVISOR PELL: Judge Edwards is not with us tonight, but he was with us during the working session of the Board all day long. He has a meeting on Fishers Island tomorrow morning, it starts at 5:00 A.M. with Millstone Nuclear Plant, they're having a drill tomorrow, and it starts at 5:00 A.M. and if he stays tonight he couldn't be home in time to coordinate .the drill. He is the Town's leading rep- resentative during the practice. Moved by Councilman Murphy, seconded by Councilman Townsend, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 3:00 P.M. , ,Tuesday, October 18 , 1983 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR PELL: These reports are placed on file in the Town Clerk' s Office or the Supervisor' s Office for anybody wishing to . review them• and can do so in either office. 1. Fishers Island Ferry District report = Annual Audit for years ended December 31 , 1981 and 1982. 2: Highway Department monthly report -. September 1983. 3. Fishers Island Ferry District monthly report - September 1983. 4. Town Trustee' s monthly report - September 1983. 5. Councilmen' s reports. SUPERVISOR PELL: Councilman Murphy, anything you care to report at this time? 278 October 4, 1983 COUNCILMAN MURPHY: Nothing further, Bill. SUPERVISOR PELL: Councilman Nickles? COUNCILMAN NICKLES: Nothing. SUPERVISOR PELL: Councilman Murdock? COUNCILMAN MURDOCK: Things are moving well at the Landfill. We positioned the building. Hopefully construction will start very quickly. We are also going to have a Landfill Committee meeting at 8 :00 A.M. at the Highway Superintendent' s Office on Friday. Thank you, Bill. SUPERVISOR PELL: Councilman Townsend? COUNCILMAN TOWNSEND: Last Saturday I attended a seminar sponsored by Nature Conservancy on innovative and protective land techniques. Since Southold is about to undertake such a technique I found this very interesting and discussing with the experts the proposed problems and advantages of the techniques was very enlightening. I'm excited about the prospect of some creative zoning in this Town and I think we're in for a hot couple of years. That' s all I have. SUPERVISOR PELL: Thank you. Supervisor' s report is the Town is moving along slowly, but we're moving. We did receive, this week, the Civil Service List for Bay Constable and interviews will be held and perhaps by the next Board meeting we will have somebody to recommend to the Board to appoint to the position. We received notice today from Congressman Carney' s office that the Town was awarded a 1. 3 million federal grant for construction of a sewage treatment plant addition to the Greenport Municipal Plant that is already there. The state will put up part of the money, but the federal has awarded today 1. 3 million dollars for this project. The total project is priced at 1 . 8 million dollars. This is a nice feather in our cap, something we applied for many many years ago in conjunction with the Village of Greenport and it will help us to relieve some of the problems that- we have up at the Landfill. . 8. Report from the North Fork Animal Welfare. League - September 1983. II. PUBLIC NOTICES. COUNCILMAN MURPHY: 1. Notice of Complete Application of Paul : Vartanian, Park Road, Fishers Island, Tidal Wetlands, Water Quality Protection of Waters Permit to N.Y.S-D.E.C. to construct 77 if of stone rip-rap wall 0 '-5 ' offshore of mean high water to tie .into adjacent bulkheads and rip-rap walls. Construct 20 'x9 ' timber launching ramp offshore of existing bulkhead over coastal shoals and mud flats. Con- struct timber dock consisting of 30 'x8 ' open pile pier 31x8 ' ramp, four 151x6 ' floats anchored by 5 piles and 2 mooring piles. Project is located on West Harbor on the south side aft Peninsula Road on Fishers Island. Comments no later than October 14th to N.Y.S .D.E.C, Dan Larkin over in Stony Brook. This is. posted on the Town Clerk' s Bulletin Board. 2. Public Notice, Department of Army, Corps of Engineers, the application of Leonard Lang for bulkhead, dredge with 10 year main- tenance, platform, ramp and floating pier, Budd' s Pond, Shelter Island Sound, Southold. All comments regarding this permit application must be prepared in writing to reach the Corps of Engineers before the expiration date of this notice, which is October 23rd. This again is posted on the Town Clerk' s Bulletin Board. 3. (a) Order from the New York State DOT concerning speed limits. This is something the Town Board has requested. There ' s (a) , (b) and (c) , three different areas out in Orient/East Marion. We requested this change through members of the Town Board through people in the community, the local police department and the .DOT. Now this is finally coming about that these changes are here. This again is posted on the Town Clerk' s Bulletin Board giving the description. The signs will be posted by the DOT and the pavement markings will be changed where necessary. SUPERVISOR PELL: This last one the Town Board asked the State to come in and evaluate the speeds on this road about a year ago, and if you read the press last week, a letter addressed to me and the Town Board says that it has been a year since we wrote to you and we haven't heard from you. The State moves slower than the Town of Southold moves. It took the State a year to get us this report back. October 4, 1983 279 III. COMMUNICATIONS. 1. Letter and check. The Town of Southold received $19 ,900 . 00 advance money for sewage treatment project that we have going on on Fishers Island. This is advance money that came through from the State. This is a state and federal grant again, but this one is for the Island folks. (Letter from Henry Souther Engineer, Inc. ) 24a) Letter from Southwood Property Owners Associastion, Inc. and which I will respond to saying the removal of Jockey Creek Bridge. Jockey Creek Bridge is not going to be removed, it is going to be rebuilt and raised 1.3 inches, but it is not going to be removed, other than to be repaired and rebuilt. 2. (b) From Southwood Property Owners Assocation, Inc. asking the Town Board to look into the possibility of joining with the Greenport Power Company and perhaps pushing LILCO out. 2. (c) Letter from Southwood Property Owners Association, Inc. opposing the levy of $5. 00 by the Town Board for the use of the Landfill and the beaches. 3. Letter from the Southold Senior Citizens Club, Inc. in reference to the drinking water machine that we have up at the Center._ It is being used and I informed the Town Board today there is over 500 gallons of water going out of there a week. That' s approximately a hundred gallons today, and people come in to use their bottles to use the machine and it disturbs them during their meeting, so we have to look into to see what we can do there. 4. Reference to the Horton Point Steps that the Town put back in this year after they were out fora couple of years. The person (Simone Swan) as to how to remedy some of the problems up there. The Board will consider it. . 5. From the D.E.C. informing us of our SPDES Permit. It will be extended. That is the one we use;;,-to operate the Landfill under. 6. Letter to the Town Board, Department of Transportation, didn__'t know we had one, reference to Mattituck Park District and parking up there on the public road for people to go into the district. That was referred to the Town Board and we will discuss it. (From Leonard H. Blyskal and Theresa Blyskal. ) 7. From the Department of Labor informing us not to pay all the money due to the outfit (John T. Montecalvo, Inc. ) that layed the black-top on the Sound Avenue road. There is a little labor disagreement between the contractor and the employees and the Town will hold back the sum of about $9 ,000. 00 until it is settled, at the direction of the Department of Labor. 8. From the Cutchogue Lioness Club. They would like to use the Center again this to put on a breakfast of some sort and it will be granted. It was very successful .last year. 9. Letter from Bob Graeb commending our Police of Chief and the police officers of the Southold Town Police Department. Sunday afternoon there was approximately 150 motorcycles in the Cutchogue in the shopping center and our police patrolled it and there were no incidents. It' s nice to hear the good we do sometimes. 10. A letter from a resident (Ralph and Gladys Milne) encouraging the Board to move with the Village of Greenport (electric) if at all possible. 11. Local Government Forum being put on. by the Secretary of State. The date was changed to Tuesday, October 25th at 2 : 00 P.M. This was supposed to be tomorrow, but they changed the date again. 12. The report to the Town Board on the Captain Kidd Water District Study by Holzmacher, McLendon & Murrell, P.C. The report, ,, : is on file if anybody cares to review it. 13. From the Township of Islip. What we're trying to do is get the Towns, the school districts and all the districts we can to pool a stipend and hire a lobbyist, is perhaps the word I 'm going use, it might be the wrong word, to act as an intervenor with the P.S.C. when LILCO applies for a rate increase. Somebody to represent the ten east towns, a professional. We could pass a resolution at each Town Board level and send it in but we do not have the expertise to give them the backup information that they need. So instead of one Town trying to do it on his own, we' re trying to get the ten towns to put up perhaps $2 ,000. 00 for the smaller towns, $3,000. 00 for the bigger towns and the school districts-to get involved and we can speak and hire a professional to represent us at these hearings. 14. A letter from the Oysterponds Union Free School District again praising our Chief of Police Dan Winters for the fine job he did with their school. As one Councilman said today, two of these at once, you'd think our Chief of Police was running for public office next month. 15. From the N.Y.S. Department of Transportation with goes along with the enforcement that was read under public notices regarding 280 October 4, 1983 speed limits and pavement markings in East Marion. It' s the letter that came with the legal notice. -A letter will go back saying thank you for the help even though it took you a year to give it to us. 16. Again from Commissioner Larocca, N.Y.S.-D.O.T. We asked for---how long, John, for that light on Boisseau? (12 years. ) We've been trying for twelve years to get a light on Boisseau Avenue and the Main Road. Assemblyman Sawicki arranged a meeting in Southold Town with. the DOT and Councilman Nickles and myself was there for . part of it, trying to convince them that we need a light at that place and so far they listened to us but they haven' t given us the light. 17. From PRC Speas, Consultants, on the Airport. The contract". was signed and asking us to set up a Technical Advisory Committee to work with them, which'we will do. under Resolutions. IV. PUBLIC HEARINGS. - There will be two public hearings on proposed Local Laws (No. 10 & No. 11) beginning at 8 : 00 P .M. V. RESOLUTIONS. SUPERVISOR PELL: Resolution No. 1 (mutual, verifiable freeze) , we're not ready to move upon tonight. Judge Edwards, who cannot be with us asked that it be postponed until he can be here. 2. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of SOuthold hereby authorizes the release of performance bond in the amount of $26 , 760 . 00 to Steve Tsontaki's, developer of Peconic Knolls at Peconic, all in accordance with the recommendations of the Southold Town Planning Board, Super- intendent of Highways Dean, Town Board Highway Committee, and Inspector John W. Davis. Vote of the Town Board: Ayes : Councilman Townsend, Councilman Murphy, Councilman' Murdock, Councilman Nickles, Supervisor Pell. This resolution .was ,.declared duly .ADOPTED. 3. Moved by Councilman Nickles, seconded by Councilman Townsend, it was RESOLVED that the application of Sophie T. Saunders, dated October 7, 1983, for renewal of a single family house trailer permit for house trailer located at north side of Main Road, Laure, New York, be and hereby is granted for a six (6) month period. Vote of the Town Board: Ayes : Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This .resolution was '.declared duly`i.'ADOPTED. 4. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, the entrepreneurial spirit underlies our free enterprise system and is one of the principal sources of America' s strength, and WHEREAS, ownership of one' s pown business is an aspiration held by many Americans. Minority Americans share fully in this aspiration. The success of minority business enterprise demonstrates that hard work and individual determination can serve as a powerful engine for social mobility and economic progress, and WHEREAS, as Nation,...we. are indebted to minority entrepreneurs for their contributions to our economic well-being. They bring innovative products and services to the marketplace, create jobs, and provide training to thousands of workers, and WHEREAS, our challenge today is to enhance the ability of minority Americans to participate more fully in the market economy and to achieve greater economic independence, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby proclaim the week of October 2 through October 8 , 1983 as Minority -- Enterprise Development Week in the Town of Southold. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 5. Moved by Councilman Murdock, seconded by Councilman Townsend, it- was (a) RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Eastern Wholesale Fence Co. , Inc. for furnishing and delivering 10,000 lin. ft. of Snow Fence with pickets lz x 3/8 inches,. spaced 2 inches apart, 4 feet high, stained red, with five (5) double strands of 121, gauge galvanized wire in 100 lin. foot rolls, at .the bid price of $34. 72 per roll. Vote of the Town Board: Ayes : Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was .declared 'duly' ,ADOPTED. 5. Moved by Councilman Murdock, seconded by Councilman Townsend, it was (b) RESOLVED. .that the Town Board of the Town of Southold hereby accepts the bid of Eastern Wholesale Fence Co. , Inc. for furnishing and delivering 500 - 6 foot studded steel T Posts with flanges or anchor October 4, 1983 i 281 plates on posts, posts shall not be less than 8. 65 lbs, each, at the bid price of $2. 50 per post. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 6. Moved by Councilman Murphy, seconded by Councilman Nickles, 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: Petition of Alfred E. and Claire Bouffard for a change of zone from "B" Light !Business District to "C" Light Industrial District on certain property located on the south side of Westphalia Avenue, Mattituck, 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: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman .Nickles, Supervisor Pell. This resolution was declared duly .ADOPTED. 6. Moved by Councilman Murphy, seconded by Councilman Nickles, (b) WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared reports and recommendations on the application of Alfred E. and Claire Bouffard for a change of zone on certain property located on the south side of Westphalia Avenue, Mattituck, . New York, and more particularly bounded and described as follows: Beginning at a point on the south side of Westphalia Avenue, at the northwest corner of land now or former- ly of Wilfred B. Rutland and formerly of Martin Sidor, which said point is distant 137. 25 feet westerly when measured along the southerly side of Westphalia Avenue from the intersection of the southerly side of Westphalia Avenue with the westerly line of land of the Long Island Railroad; and from said point of beginning running thence South 451 05 ' 00" West, along said land now or formerly of W. B. Rutland 128 feet; thence South 461 50 ' 30" East, still along said land now or formerly of W. B. Rutland, 125. 07 feet to lands of the Long Island Railroad; thence South 45' 05 ' 00" West, along said land of the Long Island Railroad 94. 80 feet; thence North 490 04 ' 00" West along land now or formerly of .G. L. Penny, 100 .40 feet; thence North 471 34 ' 00" West, still along said land now or formerly of G. L. Penny, 97. 70 feet; thence North 48' 17 ' 00" , still along said land now or formerly of G. L. Penny, 22 . 29 feet to land now or formerly of Irma Reeve; thence North 45' 05 ' 00" East, along said land now or formerly of Irma Reeve, 68 . 15 feet; thence North 19° 16 ' 00" East, still along said land now or formerly of Irma Reeve 105 . 85 feet to the southerly side of Westphalia Avenue; thence South 70' 44 ' 00" East, along the southerly side of Westphalia Avenue, 156. 75 feet to the point or place of beginning. NOW,, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Southold Town Board at 8 :15 P.M. , Tuesday, November 1 , 1983 at the Southold Town Hall, Main Road, Southold, New York, on the aforementioned petition, at which time and place any person desiring to be heard on the above proposed petition should appear, 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: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. . 7. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Briarcliff Sprinkler Systems, Inc. for winterizing the sprinkler system at the Southold Town Hall at a cost of $60 ,00, and the spring hookup of the sprinkler system at the Southold Town Hall at a cost of $60 . 00 . Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. _ 2 82 October 4, 1983 8. Moved by Councilman Nickles, seconced by Councilman Murdock, it. was RESOLVED that the Town Board of the Town of Southold hereby sets 8 : 00 P .M. , Tuesday, November 1, 1983 , Southold Town Hall, Main Road, Southold, New York, as time and place for hearing upon the Draft Environmental Impact Statement submitted by Marine Associates , Inc. , New Suffolk, New York, in connection with their application.. -for a Change of Zone from "C" Light Industrial District to "M-1" General Multiple Residence District on certain property at New Suffolk, Town of Southold, County of Suffolk, New York, bounded north by Loria, east by Cutchogue Harbor, south by McKay and west by First Street. Applicant desires to redevlop the property construct condominium units. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN NICKLES: I 'd just like to make one comment. I think this week for this meeting, and the press might note this, we received a terrific amount of mail from the New Suffolk residents and the basic sense of their letters was demanding a hearing on this zoning change application, and I think it should be noted that the Town Board is following the procedures as set forth by the State Environmental Quality Review Act and that' s why this first .hearing will relate to the Draft Environmental Impact State- ment and subsequent to that there ' s at least one or two or ther SEQR, as well call them, SEOR processes , which is the abbreviation for the State Environmental Quality Review, before we will actually have the zoning hearing. But I want to emphasize there will be a hearing. The purpose of the SEQR process is so that there can be ample public input into anything that relates to the environment, and that' s the procedures we're going through. So, please if you will, correspond to our constituents for us that we are going to have a hearing - several. 9. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James T. Reynolds, Smithtown., New York, as Special Assistant District Attorney and as Special Counsel, for the purpose of bringing an action for preliminary and permanent injunctions in Supreme Court, Suffolk County, against Robert J. Douglass and Willow Terrace Farms, Inc. for violation of the ordinances and laws of the Town of Southold. Vote of the Town Board: Ayes: Councilman Townsend, Councilman _Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby author- izes the transfer of the following funds within the General Fund Whole Town 1983 Budget: From: A1990 .4 - Contingent-----------------------$ 1 ,377. 27 A7230 . 1 - Beaches, Personal Services-------$14,000 . 00 A8540 .4 - Drainage, Contractual Expenses---$ 3 ;000. 00 Total------$18 ,377. 27 A8830. 4 - Shellfish, Contractual Expenses--$ 1 ,377. 27 A7230. 4 - Beaches, Contractual Expenses----$ 2,500 . 00 A8160. 1 - Disposal Area, Personal Services-$ 1 ,500..00 A8160 . 4 —Disposal Area, Contractual Exp.--$10 ,000 . 00 A3310. 4 - Traffic Control, Contract. Exp.--$ 3,000. 00 Total------$18 ,377. 27 Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This -resolution was declared duly ADOPTED. 11. Moved by Councilman Townsend, 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 The Land Use Company, on behalf of Maureen Sullivan, for a Wetland Permit on certain property located on Cedar Beach Inlet at the end of Inlet Way, Cedar Beach, Southold, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that a recess be called at this time, 8 : 05 P .M. , for the purpose of holding public hearings on proposed Local Laws No. 10 and No. 11 - 1983. October 4, 1983 283 Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Meeting reconvened at 8 : 15 P.M. 12. Moved by Councilman Murphy, 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 The Land Use Company, on behalf of. Wilhelm Franken, for a Wetland Permit on certain property located on Gull Pond, on Snug Harbor Road, Greenport, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 13. Moved by. Councilman Murdock, seconded by .Councilman Townsend, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Rview Act in the matter of the application of Ron Dobert for a Wetland Permit on certain property located on James Creek, on Ole Jule Lane, Mattituck, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 14. Moved by Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute a new Engineering Services Agreement between Holzmacher, McLendon & Murrell, P.C. and the Town of Southold for preparation of ,plans and specifications and other services for the Scavenger Wa.,ste Facility Project, subject to the approval of the Town Attorney of all agreements between the Town and H2M. . Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, . Supervisor Pell. This resolution was declared duly ADOPTED. 15. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby author- izes the following transfer of funds within the 1983 Highway Depart- ment Budget, Item 4,. Miscellaneous and Snow and Ice: From: DS5140.1 - Personal Services, Miscellaneous--$ 672. 00 DS9010 .8 - NYS Retirement--------------------$1,414. 21 DS9059. 8 - CSEA Benefit Fund-----------------$ 828. 95 Total--------$2, 915. 16 Into: DS5140.4 - Contractual, Miscellaneous--------$2, 915. 16 Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 16. Moved by Councilman Nickles, seconded by Councilman Townsend, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute an agreement with The North Fork Bank and Trust Company for an easement for placement of precast sanitary rings in the new Mattituck Parking Field, subject to the approval of the Superintendent of Highways and Town Attorney. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 17. Moved by Councilman Murdock, seconded by Councilman Murphy, iz wu5 RESOLVED that the Town Board of the Town of Southold, in the County of Suffolk, New York, hereby goes on record in support of Proposition No. 1 - Rebuild New York Bond Issue, as follows: "To promote and asure the preservation, renewal, and improvement of the State' s vital transportation systems, facilities and equipment for the benefit of the inhabi- tants of the State, shall Section 1 of Chapter 836 of the Laws of 1983 , authorizing the creation of a state debt in the amount of 1.25 billion dollars for" the construction, reconstruction, improvement, reconditioning, and preserva- tion of transportation systems and facilities, including the acquisition of equipment be approved?" Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman. Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 284 October 4, 1983 SUPERVISOR PELL: Number 18 we are going to wait on. We 're not ready to move on that one tonight. (Rental of IBM Electronic 85 Typewriter for the office of Justice Tedeschi. ) 19. Moved by Councilman Murdock, seconded by Councilman Murphy, (a) BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 4, 1983, AUTHORIZING THE ACQUISITION OF. CERTAIN DEVELOPMENTAL RIGHTS IN PRIME AGRICULTURAL LANDS IN AND FOR SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1, 750,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $87,500 CAPITAL NOTES TO PROVIDE THE REQUIRED DOWN PAYMENT, AND $1, 662,500 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE SAID APPROPRIATION. Recitals WHEREAS, Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York, authorizes the Town of - Southold, Suffolk County, New York, to acquire developmental rights in lands used in bona fide agricultural production, which development rights represent . permanent legal interests or rights in land, for the preservation - of open space and area; and WHEREAS, the acquisition of developmental rights in -- prime agricultural lands located throughout the Town for the preservation of open space and area is found and determined to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in such Section 247 of the General Municipal Law; NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by the favorable vote of not less than three-.fifths of all- .the members -of said Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town" ) , is hereby authorized to acquire such developmental rights in various parcels of prime agricultural lands in the Town for the preservation of open space and area as may be authorized, from time to time, .by the Town -� October 4, 1983 285 Board of the Town, after due notice and a public hearing, pursuant to said Section 247 of the General Municipal Law, including incidental costs in relation thereto, such acquisition being hereby found and determined to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in said Section 247. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $1, 750,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $87,500 capital notes to provide the required - --- - down payment, the issuance of $1, 662,500 serial bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay- the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Capital notes in the principal amount of $87, 500 and serial bonds of the Town in the principal amount of $1, 662,500 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of said Consolidated Laws (herein called "Law" ) , to finance the balance of said appropriation not provided by said current funds. Section 3 . The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which said $11662,500 serial bonds -- authorized pursuant to this resolution are- to be issued, within the limitations of Section 11.00 a. 21(a) of the Law, is thirty (30) years. (b) Current funds are 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 and such current funds will be provided from the proceeds of the capital notes herein authorized to be issued: The Supervisor is hereby authorized and directed to set aside said current funds and to apply same solely to said specific object or purpose herein described. . (c) The proposed maturity of the bonds authorized by this resolution will exceed (5) years. Section 4. Each of the notes and bonds authorized by 286 October 4, 1983 this resolution and any bond anticipation notes .issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52 .00 of the Law and said notes and bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said notes and bonds and any notes issued in anticipation of the sal-e of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the notes and bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 of the Lax, relative to the authorization of the issuance of bond anticipation notes and of Section 50. 00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the notes and. 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 notes and bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with,. and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. A Proposition for the approval or disapproval of this resolution shall be submitted to the qualified voters of the Town at the Biennial Town Election to be - held November 8, 1983, and this resolution shall - take effect upon October 4, 1983 287 the approval of the Proposition by said voters of the Town at that referendum vote. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: This will be on the ballot in November as a Proposition. 19. Moved by Councilman Nickles, seconded by Councilman Murphy, it was (b) RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS : Section 1. At the Biennial Town Election of the Town of Southold (herein called "Town") , in the County of Suffolk, New York, which is to be held on November 8, 1983, between the hours of 6:00 o'clock A.M. (E.S.T.) and 9:00 o'clock P,M. (E.S.T.) or as much longer as may be necessary to enable the voters then present -to cast their votes. the following Proposition contained in the Notice hereinafter set forth shall be submitted to the qualified voters,' as .hereinafter referred to. The polling places in each of the respective election districts of the Town of Southold shall be the same polling places as shall be used at the General Election to be held on that day. Section 2. The Town Clerk is hereby authorized and directed to publish at least once in "The Long Island Travel er-Mattituck Watchman" and the "Suffolk Times". hereby designated the official newspapers of the Town for such publication, and to post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, said publication and posting to be at least ten (10) days before such Biennial Town. Election, Notice that the Town Board will submit for the approval or disapproval of the resolution hereinabove referred to in such Notice as follows: TOWN OF SOUTHOLD NOTICE OF PROPOSITION TO BE SUBMITTED AT THE BIENNIAL TOWN ELECTION TO BE HELD ON NOVEMBER 8, 1983 NOTICE IS HEREBY GIVEN that at the Biennial.Town Election of .the Town of Southold to be held on November 8, 1983, between the hours of 6:00 o'clock A.M. (E.S.T.) and 9:00 o'clock P.M. (E.S.T.) , the following Proposition will be submitted to the qualified electors of the Town of Southold, to wit: 288 October 4, 1983 PROPOSITION NO. 2 :- shall the . resolution entitled: "BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 4, 1983, AUTHORIZING THE ACQUISITION OF CERTAIN DEVELOPMENTAL RIGHTS IN PRIME AGRICULTURAL LANDS IN AND FOR THE TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,750, 000. , APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $85, 500. CAPITAL NOTES TO PROVIDE THE REQUIRED DOWN PAYMENT, AND $1,662,000. SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION, "be approved? . NOTICE IS FURTHER GIVEN that the polling places in each of the respective election districts of the Town of Southold shall be the same polling places as shall be used for voting at the General Election held on that day. An abstract of said resolution, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING that Section 247 of the General Municipal Lawn authorizes the Town of Southold ( "Town" ) to acquire developmental rights in lands used in bona fide agricultural production for the preservation of open space and area; that the acquisition of such developmental rights in prime agricultural lands throughout the Town is determined to be necessary and in the public interest and a proper public purpose of. the Town pursuant to said Section 247; - -- SECOND: AUTHORIZING the Town to acquire such developmental rights in various parcels of prime agricultural lands in the Town for the preservation of open space and area as may be authorized, from time to time, by the Town Board of the . Town, after due notice and• a public hearing, pursuant to Section 247 of -the General Municipal Law, including incidental costs .in. relation thereto.; FINDING AND DETERMINING such acquisition to be necessary and in the public interest and a proper public purpose_ of,athe Town in accordance with the findings and determinations set forth in said Section 247; and STATING the estimated maximum -- cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, . is $1, 750,000; APPROPRIATING said amount therefor and AUTHORIZING the issuance of $87,500 capital notes to provide the required down payment; and $1, 662,500 serial bonds to finance the balance of said appropriation; STATING the plan of financing is the issuance of said capital notes and said serial bonds and the levy of a tax upon all the taxable real property within the .Town to pay the principal of said notes and bonds and the interest thereon. THIRD: AUTHORIZING the issuance of $87,500 capital notes and $1, 662,500 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law" ) to finance the balance of said appropriation not provided by said current funds; , FOURTH: DETERMINING the-period -of probable usefulness of said specific object or purpose is thirty130) years; that current funds are required by said Law and will be provided from the proceeds of the capital notes and DIRECTING the Supervisor to set aside said current funds and apply the same solely to the said specific object or purpose; STATING that the proposed maturity of the bonds will exceed five (5) years; FIFTH: DETERMINING that said notes and bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said notes shall be general obligations of the Town and PLEDGING to their payment the faith and credit of the Town; October 4, 1983 f 289 V SIXTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said notes and bonds and any bond anticipation notes issued .in anticipation of said bonds, or the renewals thereof; and SEVENTH: DETERMINING that a Proposition for the approval or disapproval of the resolution shall be submitted to the qualified votersof the Town at the Biennial Town Election on November 8, 1983 and shall take effect upon such approval. Section 1. After said Bond and Capital Note Resolution shall take effect, the Town Clerk is hereby directed to cause same to be published, in full, in the newspaper referred to in Section 1 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81. 00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New -York. Section 2. This resolution shall take effect immediately. Vote of the Town Board: Ayes : Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 20 ., Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby accepts_ the bid of Tips and Tails, 726B ,Roanoke Avenue, Riverhead, New York, for the construction of a Handicapped Ramp, consisting of anew concrete entrance and a new wood and concrete ramp to allow wheelchair entrance to the main hall of the American Legion (Griswold- Terry-Glover Post No. 803) , in Southold, New York, all in accord- ance with the bid documents, at the base bid/lump sum conctract price of �6,900. 00. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 21 . Moved by Councilman Murdocx, seconded by Councilman Townsend, 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 Michael J. Hall, Attorney, on behalf of Frank and .Margaret Rosenberg for a Wetland Permit on certain property located on Gull' Pond on the south side of Champlin Place, Greenport, New York. Vote of the Town Board: . Ayes: Councilman Townsend, Councilman .Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 22. Moved by Councilman Townsend, 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 Frederick Falconer for a Wetland Permit on certain property located on East Creek, on the north side of Fleetwood Road, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 23. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of .Southold hereby appoints David Spohn as client contact to act as Southold Town' s official representative on the Airport Site Selection/Master Plan Study being conducted by PRC Speas, and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to serve on the Technical Advisory Committee (TAC) for the Airport Site Selection/Master Plan Study being conducted by PRC Speas: One representative from the Federal Aviation Adminis- 290 October 4, 1983 tration, one representative from the New York State Department of Transportation, one representative from the Nassau-Suffolk Regional Planning Board, one member from the Southold Town Planning Board, Superintendent of Highways Raymond C. Dean, Southold Town Councilman Francis J. Murphy, David Spohn of the North Fork Aviation Association, Jay Wickham of the Mattituck Airbase, and Edwin Reeves, owner of Yankee Airways, a potential fixed-base operator. Vote of the Town Board: Ayes : Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. Moved by Councilman Murphy, seconded by Councilman Nickles, In the Matter ORDER CALLING of the PUBLIC HEARING Increase and improvement of the Facilities of the Fishers Island Ferry District, in the October 22, 1983 Town of Southold, Suffolk County, New York. WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "Ferry District" ) , in the Town of Southold (the "Town") , Suffolk County, New York, has recommended that the facili- ties of the' Ferry District be increased and improved by the acqui- sition of an additional ferryboat at an estimated maximum cost of $1.,400,000 , to replace the ferryboat "OLINDA" , presently operated by the Ferry District and to apply the (i) amount of $300, 000, ex- pected to be received as trade-in on the "OLINDA" , and (ii) the amount of $590,000 current funds of the Ferry District to be made -- available, to the purchase price of said new ferryboat, said new ferryboat to be used on the authorized routes of the Ferry District, and has caused preliminary plans and specifications for the construction thereof to be prepared by Sparkman, E Stephens .of New York, New- York,. licensed naval architects , and that the Town hold a public hearing to consider such increase and improvement of the facilities of the Ferry District and to make funds available pursuant to Chapter 699 of ' _ the Laws of 1947, as amended, and the Local Finance Law, to finance the balance of., the cost of said increase and improvement of f' the facilities and to take such .other action in connection there- with as may be appropriate; and WHEREAS , the maximum amount proposed to be expended for said proposed increase and improvement of the facilities by the Ferry District is $1,400 ,000, of which amount, not to exceed $510,000 is planned to be financed by the issuance of serial bonds of the Town of Southold, the levy and collection of a tax on all the taxable real property within said Town to pay the principal October 4, 1983 2 91 of and interest thereon as the­ same shall become due and payable, the application of $300,000 expected to be received as the trade-in on the ferryboat "OLINDA" , now owned by the. Ferry .District, and the $590,000 current funds available therefor. The financed cost of acquiring said new ferryboat shall be raised by a tax upon all the taxable real property:of the Ferry District, at the same time, in the same manner and by the same officers as Town charges are raised by a tax therein and when collected shall be paid to the Supervisor and the amount of such special assessments and any net revenues of -- the Ferry District will be budgeted as an offset to the taxes thus to be levied; now, therefore, be it ORDERED, that the Town Board of the Town meet and hold a public hearing at the Fishers Island Firehouse, at Fishers Island, in the Town of Southold, New York, on October 29, 1983, at12: 30 o'clock P M. (E.D.S.T.. ),-,;.: to consider the acquisition of a new ferryboat, at which all persons interested in the subject — thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by -law; and be it FITRTHF•R ORDERED, that the Town Clerk shall publish at least once in The New London Day, a newspaper published in New London, Connecticut; The Long Island Traveler - Mattituck Watchman, a newspaper published in Southold, New York; and the Suffolk Times , a newspaper published in Greenport, New York, and hereby desig- nated as the official newspapers of the Town for such publication, and post conspicuously, in at least five (5) public places within the District and upon the bulletin board maintained at the Town Hall, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten nor more than twenty days prior to the date set and designated herein for .said public hearing as aforesaid. . Vote of the Town Board: Ayes: Councilman. Townsend, Councilman Murphy., Councilman Murdock, Councilman Nickles, Supervisor Pell. This -_erder" was declared duly ,ADOPTED. 25. Moved by Councilman Murdock, seconded by Councilman Nickles, RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. At the Biennial Town Election. of the Town of Southold (herein called "Town") , in the County of Suffolk, New York, which is to be held on November 8, 1983, between the hours of 6:00 o'clock A.M. (E.S.T.) and 9:00 o'clock P.M. (E.S.T.) or as much longer as may be necessary to 292 October 4, 1983 enable the voters then present to cast their votes, the following Proposition contained in the Notice hereinafter set forth shall be submitted to the qualified voters, as hereinafter referred to. The polling places in each of the respective election districts of the Town of Southold shall be the same polling places as shall -be used at the General Election to be held on that day. Section 2. The Town Clerk is hereby authorized and directed to publish at least once in "The Long Island Traveler-Mattituck Watchman" and the "Suffolk Times" hereby designated the official newspapers of the Town for such - publication, and to post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, said publication and posting to be at least ten (10) days before such Biennial Town Election, Notice that the Town Board will submit for the approval or disapproval of the resolution hereinabove referred to in such Notice as follows: TOWN OF SOUTHOLD NOTICE OF PROPOSITION TO BE SUBMITTED AT THE BIENNIAL TOWN ELECTION TO BE HELD ON NOVEMBER 8, 1983 NOTICE IS HEREBY GIVEN that at the Biennial Town Election of the Town of Southold to be held on November 8, 1983, between the hours of 6:00 o'clock A.M. (E.S.T.) and 9:00 o'clock P.M. (E.S.T.) , the following Proposition will be submitted to the qualified electors of the Town of. Southold, to wit: PROPOSITION NO. 1 Shall Resolution No. 23, adopted by the Town Board of the Town of Southold on June 7, 1983, entitled "Resolution adopted June 7, 1983, to change the term of office of the Trustees of the Town of Southold from two years to four years", be approved? NOTICE IS FURTHER GIVEN that the polling places in each of the respective election districts of the Town of Southold shall be the same polling places as shall be used for voting at the General Election held on that day. An abstract of said resolution, concisely stating the purpose and effect thereof, is as follows: ` ABSTRACT OF RESOLUTION NO. '23 TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK 1'. Resolution No. 23 is entitled "Resolution to change the term of office of the Trustees of the Town of Southold from two years to four years." October 4, 1983 293 2. The purpose ,of said Resolution" is to provide that the term of office of the Trustees of the Town of Southold shall be four years, pursuant to Chapter 239 of the Laws of 1983. 3. The effect of such Resolution is that if the same shall be approved by the affirmative vote of a majority of the qualified electors of the Town of ..Southold, voting upon a proposition therefor at the general election to be held on November 8, 1983, three trustees shall be elected at said general election for a term of four years and three trustees shall be elected for a term of four years at every second biennial Town election held thereafter, --- and two trustees shall be elected for a term of two years and two trustees shall be elected for a term of four years at every second biennial Town election held thereafter. The foregoing abstract, has been prepared by the undersigned Town Clerk of the Town of Southold, with the advice of the Town Attorney pursuant to Section 92 of the Town Law. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly `ADOPTED. 26. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, The Land Use Company, on behalf of Robert Stewart, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated -- August 1 , 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 4th day of October, 1983, at which -time all interested persons were given an opportunity to be heard, now, therefore, -be it RESOLVED that The Land Use Company, on behalf of Robert Stewart, be granted permission under the provisions of the Wetland Ordinance to construct fixed dock, ramp and float on Mattituck Creek, at Westphalia Road, Mattituck, New York, PROVIDED the dock be placed at the end of the grass and the width of the dock be reduced to 3 feet. This permit shall expire on October 4, 1984 if work has not commenced by said date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. 'This resolution was declared duly ADOPTED. 27. Moved by Councilman Murphy, seconded by Councilman Nickles, WHEREAS, Enconsultants, Inc. , on behalf of Leonard Lang, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 8 , 1983, and -- WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation ADvisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 4th day of October, 1983, at which time all interested persons were given an opportunity to be heard, -now, therefore, be it RESOLVED that Enconsultants, Inc. , on behalf of Leonard Lang, be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct bulkhead, ramp, floating dock, and dredge in front of proposed bulkhead at Budd' s Pond Road, on dredged canal off Budd' s Pond, Southold, New York. This permit shall expire on October 4, 1984 if work has not commenced by said date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. 294 October 4, 1983 RESOLVED that Enconsultants , Inc. , on behalf of John Bertani, be granted permission under the Wetland Ordinance to fill lot with clean sand and loam to raise homesite to required flood plain elevation, construct one-family dwelling, pool, decks, drive, sanitary system, timber retaining wall plus returns, timber dock consisting of fixed elevated catwalk, hinged ramp and float, at Oakwood Drive, on Goose Creek, Southold, New York, PROVIDED the north end of the bulkhead is moved back 5 feet from planned loca- tion, and the dock extends only 40 feet from the bulkhead. This permit shall expire on October 4, 1984 if work has not commenced by said date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. .29. Moved by Councilman Townsend, seconded by Supervisor Pell, 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 lst day of November, 1983 , at 3: 00 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 Regulate the Operation of Unlicensed Motor-Drive Vehicles, " which reads -as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: P , The Code of the Town of Southold is hereby amended by adding thereto a new .Chapter, to be Chapter 89 to read as follows: Section 89-1. Title This Chapter shall be known as the "Unlicensed Motor-Driven Vehicle Law of the Town of Southold". Section 89-2. Purpose The Town Board of the Town of Southold recognizes the potential adverse impact on the health, safety and general welfare of the residents of Southold and to property within the town by the use of unlicensed motor-driven vehicles and, therefore, deem it appropriate to control the use of said vehicles. Section 89-3. Definitions For the purposes of this Chapter, the following terms shall have the meanings indicated: PUBLIC PROPERTY - All streets, sidewalks, easements or any other areas dedicated or commonly used by the public. UNLICENSED MOTOR-DRIVEN VEHICLE - Any type of unlicensed motor-driven vehicle or conveyance, including but not necessarily limited to snowmobiles, two-wheeled motor vehicles known as "trail bikes" and "motor scooters", and four-wheeled motor vehicles commonly known as "go-carts" or "all-terrain vehicles." Section 89-4,,- Operation on town property prohibited. It shall be unlawful for any person to operate any unlicensed motor- driven vehicle upon any property owned or leased by the Town of Southold. Section 89-5. Operation on private property restricted. The operation of an unlicensed motor-driven vehicle is prohibited upon private property unless the operator of said unlicensed motor-driven vehicle has with him and presents written permission of the owner of said private property to operate said vehicle on said property. Section 89-6. Exceptions. The provisions of. this Chapter shall not affect or prohibit the following: -- (1) The operation of any unlicensed motor-driven vehicle 'by an . officer or employee of the Town of Southold., or any School October 4, 1983 295' District, Park District,_. or other Public Improvement Districts. within ,thd:::Toin►n��'6f­SouthoId, while being operated by -such officer or 4emplr yee within the scope of his employment. (2) The use and operation of golf carts. (3) The use and operation .of motor-driven wheelchairs. Section 89-7. Responsibilities of parents or guardians. it shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of sixteen (16) years knowingly to permit such child to operate an unlicensed motor-driven vehicle in violation of the terms of this Chapter. Section 89-8. Notice of violation to parents or guardians. Whenever any child under the age of sixteen, (16) . years is alleged to have violated this Chapter; his parent, guardian or any person having the care, custody or control of the child shall be notified by the Chief of Police or any person designated by him to give such notice. Section 89. 9. Impoundment of vehicles in violation. The police shall immediately impound any/ unlicensed motor-driven vehicle operated in violation of this Chapter. The unlicensed motor-driven vehicle shall be returned upon payment of the fine or upon direction of the court. Section 89-10. Penalties for offenses. Any operator or parent, as defined in Section 89-7, who shall violate any of the provisions of this Chapter shall, upon conviction thereof, be sentenced to a fine not exceeding two hundred fifty dollars ($250.00) . Section 89-11. Conflicts with State Law. Should any section or - portion of this Chapter be in conflict with the Laws of the State of New York applicable to the operation, registi'--tion, ownership or control of 'unlicensed motor vehicles, 'then in that instance said laws of the State of New York shall prevail. Section 89-12. Severability. The provisions of this Chapter are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof shall, for any reason, be held to be invalid �or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Chapter, but they shall remain in effect, it being t1he legislative intent that this Chapter shall stand notwithstanding the invalidity of any part thereof. - Section 89-13. When effective. This_Local_ Law shall take affect immediately. Vote of the Town Board: Ayes: Courcilinan. Townsend,. Councilman Murphy, Councilman Murdock, . Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 30. Moved by Councilman Murdock, seconded by Councilman Townsend, 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 Katherine Farr, for a Wetland Permi to construct bulkhead, install float in front of proposed bulkhead, and dredge in front of the bulkhead and place spoil on adjacent upland as backfill for the bulkhead, on Sterling Creek, on the west side of Manhanset Avenue, Greenport, 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. 2 96'• October 4, 1983 Because there has been a response from the Board of Southold Town Trustees -find Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. SUPERVISOR PELL: I ask that this be TABLED. I have a question that I want to look into. Put it on the agenda for the next time. 31 . Moved by Councilman Townsend, seconded by Councilman Nickles, 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 The Land Use Company, on behalf of Armando Ca pa, for aWetland Permit to create a pervious surface parking area, additional intertidal marsh and wildlife habitat improvement plantings between Main (State) Road and Old Main Road, near Mill Creek, Arshamomaque, Southold, New York: The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely . to occur should the project be implemented as planned. Because there has been a response. from the. Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 32. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold set Tuesday, November 1 , 1983 , Southold Town Hall, Main Road, Southold, New York, as time and place for hearing upon the following application for a Wetland Permit: 3: 05 P .M. - in the matter of the application of The Land Use Company, on behalf of Armando Cappa, for a Wetland Permit to create a pervious surface parking area, additional intertidal marsh and wildlife habitat improvement plantings between Main (State) Road and Old Main Road, near Mill Creek, Arshamomaque, Southold, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: I want to call a two minute recess while the Town Clerk looks something up for me, please. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that a two minute recess be called at this time, 8 :50 P.M. Vote of the Town Board: Ayes: Councilman Townsend, Councilman ' Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Meeting reconvened at 8 :55 P.M. SUPERVISOR PELL: I asked the Town Clerk to research whether we can adopt the Local Laws we held hearings on-.tonight and we can. 33. Moved by Supervisor Pell, seconded by Councilman Nickles, WHEREAS, a proposed Local Law No. 10 - 1983 was introduced at a meeting of this Board held on the 20th day of September, 1983, and October 4, 1983 297 WHEREAS, a public hearing was held thereon by the Board on the 4th day of October, 1983 , at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local Law N&."10 - 1983 be' enacted as follows: LOCAL LAW NO. %p 1983 A Local Law in relation to Area and Yard requirements of lots on Subdivision Maps . approved prior to May 20, 1983 BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Southold Town Code (Zoning) is hereby amended as 'follows: I . Section 100-31 B(1) thereof is hereby amended to read as follows: -0) All lots shown on Major and Minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. II . This Local Law shall take_effect immediately. Vote of the Town Board: Ayes: Councilman Townsend, Councilman, Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 34. Moved by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, a proposed Local Law No. 11 - 1983 was introduced at a meeting of this Board held on the 20th day of September, 1983, and WHEREAS, a public hearing was held 'thereon by the Board on the 4th day of October, 1983, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local Law No. 11 - 1983 be enacted as follows: LOCAL LAtiV NO.� 1983 A Local Law to provide for relief from the buNc requirements of the Zoning Code BE IT ENACTED by the Town Board of the Town of Southold as follows: I . Article I of Chapter 100 .of the Southold Town Code (Zoning) is hereby. amended by adding a new section thereto to be section 100-31A to read as follows: Section 100-31A - Relief from Bulk and Parking Requirements (1) Findings (a) On May 16, 1983, the Town Board enacted Local Law No. 7 which increased the minimum area, width, depth and yard requirements of lots located in the A Residential and Agricultural Districts, as of its effective date of May 20, 1983. (b) On August 9, 1983, the Town Board enacted Local Law No. 9, _-- 1983, which excepted certain subdivision maps from the lot area, width, depth and yard requirements specified in said Local Law No. 7, 1983. (c) The Town Board has now ascertained that there exists many owners of land who had expended time and money in the preparation of subdivision maps conforming to the zoning requirements in effect prior to May 20, 1983, but due to circumstances beyond their control were unable-to have such subdivision maps approved by the Planning Board prior to May 20, 1983. (d) That the Town Board finds that in such instances, it would be inequitable to require such land owners to conform to the =_- requirements established by Local Law No. 7, 1983, and that such owners should be given an opportunity to petition the Town Board to request that the provisions of the Bulk -and Parking Schedule 'in effect prior to May 20, 1983 shall apply to the subdivision described in said petition: 298 October 4, 1983 (2) Subdivision Maps Affected The provisions of this Section shall apply to the following subdivision maps: (a) Minor subdivision maps for which an application for sketch plan approval was filed with the Planning Board prior to March 20, 1983. (b) Major subdivision maps for which an application for sketch plan approval was filed with the Planning Board prior to January 1, 1983. (3) Time of filing Petitions Petitions for the relief provided for in this Section shall be ,filed with the Town Clerk within six (6) months of, the effective .date of this Local Law. (4) Contents of Petition The petition shall be verified by the owner of the property and shall set forth such facts as the petitioner deems appropriate to indicate that the petitioner had filed an application for sketc1-1 plan approval of the subdivision map involved; that petitioner thereafter diligently and in good faith prosecuted such application; that final approval of said subdivision map was not granted by the Planning Board prior to May 20, 1983, due to circumstances beyond the control of the petitioner. ( 5) Procedures (al Upon the receipt of a petition, the Town Board shall refer the same to the Planning Board, and the Suffolk County Planning Commission (if required by Article XIII of the Suffolk County Charter) for their written recommendations. (b) Upon receipt of the written recommendations of the aforesaid. _ planning agencies, the Town Board shall hold a public hearing on said petition upon not less than ten (10) days' written notice published in the official town newspapers. _ (c) After such hearing, the Town Board shall take such action on such petition as it deems appropriate. (6) Fees Ever..y petition for relief provided for in. this Section shall be filed with:%- the Town Clerk and shall be accompanied by a fee of one hundred ($100.) dollars. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: At this time does anybody wish to address the Town Board? MR. DAVID SPOHN, Orient, New York: I would like to thank you very much for appointing the Technical Advisory Committee, and making me a member of it. SUPERVISOR PELL: Anyone else wish to address the Board? (No response. ) TOWN CLERK TERRY: According to law I must present the Tentative 1984 Budget to the Town Board, as presented to me by the Supervisor, therefore, at this time I hereby hand each member of the Town Board a copy of the 1984 Tentative Budget. Moved by Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that this Town Board meeting be adjourned at 9 : 00 P.M. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.. This resolution was declared duly ADOPTED * * * Judith T. Ter Southold Town Clerk