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HomeMy WebLinkAboutTB-10/20/1981 374 'SOUTHOLD TOWN BOARD OCTOBER 20, 1981 . EXECUTIVE SESSION 9: 00 A.M. - The Town Board met with Employee Relations Consultant Charles E. Graves concerning the 1981-82- PBA 'Contract . WORK SESSION 10: 05 A.M. - Marie Bauer 'Johnson, 'President of the Southold Town Youth Projection, 'In'c. and 'James 'McMahon, Youth Coordinator spoke to the Board concerning the request _of Southold Town Youth Projection, Inc. that the Town relieve them of the necessity of' 'repaying the remaining $1825. 00 advanced by the Town to .them against their SDPP ' III Grant to meet the salary payments of their directors. . Mr. McMahon said the equipment, which is used by the seniors ';and _youth alike, is starting to wear and the money -raised (approximately $1 , 000. 00) during various fund raising events will . not .pay - the, debt to the-'Town as well as repair the equipment. --Councilman Murdock said the original grant which was applied for by Martin Suter was to establish t°he program, not carry it and the Town has not added :to the program in anyway. Councilman Nickles suggested that the- sum- of .$2000. 00 which-was moved out of one line item in the proposed 1982 budget- be put into a new line item for the Southold Town Youth Projection, -Inc. , since the seniors and youth are both using the .equipment. He 'further suggested that a transfer be made in the 1981 budget from excess funds into a new line item for the STYP and eliminate the debt . 10: 35 A.M. - President John A. DeFilippi . and" Hydrogeologist Craig A. Wer-le of ERM-Northeast, appeared before the'..Board to offer . their services as environmental consultants. They are the. firin selected by the County of Suffolk to prepare. the wat>er supply study- on . the North Fork - the entire towns of Riverhead and Southold.. Mr. . DeFilippi explained that in the past .he was heavily involved' in the engineering of Dr. Lee Koppelman' s 2.08 Study. 10: 50 A.M. - Insurance Consultant William Mullen met with the Board to discuss the proposed insurance 'specifications f'or' 1982.. Letters will be going out to eight local insurance brokers asking for proposals. Opening of the proposals will be 10: 00 A: M.-, November 30, 1981. EXECUTIVE SESSION 11 : 15 A.M. - The Board met again .with Employee Relations Consultant Charles E. Graves concerning the 1981-82 PBA 'Contract . WORK SESSION 11 : 35 A. M. - The Board began' reviewing the 'agenda.. OCTOBER 20 , 1981 r; 375. EXECUTIVE SESSION 11 :45 A.M. Lydia Totora of the Mattituck In'l'et A'dyi'sory Committee spoke with the Board .. about the possibilities of acquiring property on Mattituck Inlet . WORK SESSION 12: 05 P.M. - The Board'.r'esumed reviewing th`e Aagerida. 12 : 15 P.M. Recess f'or lunch. 1:45 P.M. - The Board' resumed reviewing the: agenda 2: 20 P.M. - Work session concluded. Some of..the Board members went' on an inspection of the site of application. f'or .:a: trailer' permit -by the First Baptist Church 'of Cutchogue on County Route- 48. A regular meeting of the Southold-Town Board was held on: Tuesday, October 20, 1981 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., IIL Councilman Henry W. .Drum Councilman John J. Nickles CouncilmanLawrence Murdock, . Jr. Councilman' Francis J. Murphy Town Clerk Judith T.-.Terry Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Absent: Justice Francis T. Doyen On motion of Councilman Nickles, seconded .by Councilman Drum, it was RESOLVED that the minutes of the Southold Town Board meeting of October 6, 1981 be and hereby approved -as submitted. Vote of the Town Board: Ayes: Councilman Murphy., Councilman Murdock, Councilman Nickles, Councilman Drum; Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by. Couricilman -Murdock, it was RESOLVED that the next regular 'meeting of the- Southold Town Board . will be held at 7: 30 P'.M. , Tuesday, November `10, 1981 at- -the Southold Town Hall, Main Road, Southold, New .York. Vote of the Town Board: Ayes: Councilman Murphy,. Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted.- I. REPORTS SUPERVISOR PELL: The following reports will- be placed on file in . the Town Clerk' s Office is anybody wishes t.o review their, they can do so at the Town Clerk' s Office. 1. North Fork Animal League (September 1981) . 2. Justice Tedeschi' s report (September 1981) .. 3. Judge Richs' report (September 1981). , 4. The Tax Assessor'.s monthly report from Mr. Moisa (Sept. 19.81) . 5. Long Island Cablevsion monthly- report -(September 1981) .- 6. At this tim& the Councilmen will make their report . Councilman Murdock--- COUNCILMAN MURDOCK: This morning we .had a meeting: in our Work Session with representatives from the firm called ERM-Northeast, which is a firm who are environmental consultants. They purport to be the firm that will -be hired to do the study for the County Public Health Service on options about: providing fresh water -for the North Fork. They say they will be working closely with us during their deliberations on the best way to serve the North. Fork. We should hear more from them. in the future. Thank you.,- Bill. 376 OCTOBER 20 , 1981 SUPERVISOR .PELL: Thank you. Any other Councilmen wish to make a report? Councilman Drum? (No report . ) Councilman Nickles? (Nothing. ) Councilman Murphy? (Nothing. ) . The Supervisor. Only thing he has to say is he has met with the Riverhead Town counterpart and we are arranging to set up a . meeting between our two Boards to discuss the problems we both have with our town landfill. A date has not been confirmed yet . II. PUBLIC NOTICES COUNCILMAN NICKLES : The following notices are on file with the Town Clerk. 1. Application for groin field at Peconic Bay in Mattituck by Arthur Sarkesian. Response date is October 29th. 2 . Application by Patrick Carrig for Anthony and Violet Tamburrino to construct a timber bulkhead and backfill at Cedar Beach, Southold. Comments by November 5th. 3. Notice of Complete Application by Rudolph M. Kammerer, Suffolk County Department of Public Works to dredge Richmond Creek. Comments by October 22nd. 4. Replacement of the New Suffolk Avenue Bridge over West Creek. Comments by October 30th. 5. Notice from the 'Suffolk County Solar Energy_Commission that they. are having a 'seminar at 9: 00 A.M. to 1: 15 P..M. on October 20th at Brookhaven Laboratory. III . COMMUNICATIONS SUPERVISOR PELL: The letters placed on your agenda today. 1, The first one is reference to Jetties at 'Cedar Beach. Two studies are being done. One by Professor Walter . Smith and one by the County Department of .Public Works. They should be done within the next two months according to ,:Greg Blass who called today and we will then consider the jetties that the people are requesting down there; (Letter from ;:Paul Birpian. ) 2. Relative to the 'New York Flood 'Trisurance- Rate Maps, telling us they are still working on Southold .Town. We haven ' t come -to an agreement yet on anything. (Letter from 7ederal Emergency Management 'Agency. 3. Letter from 'Gregory Blass who represents the East End asking our thoughts on putting the--Motor Vehicle 'Off ice in Southold Township in the Town' -Clerk' s Office.. The Town Board, even though we realize it would be a great help to the local people, will respond with the thought that (1) we do not have the room,1 (2) do not have the trained personnel, and (3) the cost to the taxpayers to Southold Town would be great. Now, if they want to come up with giving us room and personnel we' ll talk to them, but under the present concept we're taking a negative view. .. .. .. .. 4. From my counterpart '(Riverhead- Supervisor. Joseph Janoski) in Riverhead Township suggesting a meeting between the two towns. .As - I said before, - the .date.-has not been set yet. (re: disposal .of municipal -sol'id- waste. ) 5. From the 'S-outhold Town' Youth Pr.ojectibn..committee which operates out..of..Peconic Lane. The 'Town has advanced them the sum of $1825. 00 and they have come .in to talk to the Town to ask if the Town could not hold them accountable for paying the Town back their money. Their budget is tight. .. The Town. Board i.s . going to review it tomorrow when we go to. work on our budget for the township and see what we can do. 6. Letter informing us--the' Mattituck Inlet Advisory Committee keeping us informed of what they would like to 'see done up there. 7. * Letter to George Fisher, Building .Inspector (from flown Attorney Tasker ) saying that the New .York State Governor has signed into law. on July 21st, 1981 a law pertaining to' the Fire Protection And Building Code Act. Something that I will go-over with George. ;.nd it does affect the township very much. It ' s a phase-in. law. If we do not have afire code by April 1, 1982 we will become under the State Fire Code. If we have one we have until 1984 to amend ours to agree with theirs. Quite a complicated law, if -you can see the pages here. We have to review it and we will do that in the -next week or two . 8. From the Laughirig Water' Property 'Ouiners 'Association pertaining to land down. there..that seems to be getting a -junk scars °on and etc. This is not the 'first' 'time this has. come up to .this Board. It has come up before. We have asked that it be the zoning OCTOBER 20 , 198 rr ,;`°"' `; 377 be enforced down there and we will go after -them aga:in, -This- is . not the first. time this problem-has come up. 9. Letter from our Count"y F:ec -saying that we- might receive- a, 127o reduction in federal revenue sharing funds and he suggests—. . - that we write our congressman and protest- about it. We have a hearing scheduled today at 3: 30 so we will . pass - that until the proper time, and move on to ,resolutions. V. RESOLUTIONS 1. On motion of 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 ihe- 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 "n"ot have -a si"griifi"c"ant of"feet "on"" the:" environment. Description of Action". :- Application of William Tsi'gakos and Peter Brountza's 'for a change 'of' -zone from "A"' Residential and Agricultural District to "B Light Business- District on ' certain--property on t.he- south side of County Route 48, 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. " Because there has been no response .in: the .allotted time from the New York State Department of Environmental Conservation, it is assumed tha.t there is no objection nor comments by that agency, Vote of .the Town Board: Ayes.: Councilman Murphy; Councilman Murdock, Councilman Nickles, Counciliman'_Drum,.. Supervisor Pell. This resolution was declared' duly ''ad"opted. 2. On motion of Councilman Nickles, seconded by Councilman .Murphy, 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 t.he. 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' Anthony J. DeMaula and Dorothy A. DeMaul'a for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial . District on certain property on the , easterly side of North Drive (private road), on Matt.itu'ck Creek, 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 offuc should the project be implemented as planned. 0. 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 Murphy . Councilman Murdock, Councilman Nickles, Councilman Drum, * Supervisor Pell . This resolution was declared duly adopt'ed. 3. On motion of Councilman Drum, seconded Councilman Murdock, it was RESOLVED that pursuant to Article 8 of the Environmental :Conservation Law State Environmental Quality Review acid 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' b'ri :t'he "environment . Description of Action: Ap"plibation no: 73 of Frank Fr"ankola for a Wetland permit to construct 320 feet .of timber :bulkhead 'and` backfill with 150 yards bankrun sand from upland source .on -his property located at south side Glenn Road at dredged boat basin off Goose Creek,. 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. 378 OCTOBER 20, 1981 :- Because there has been no response in .tYie..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 Murphy, Councilman. Murdock, Councilman Nickles, Councilman Drum, . Superviso.r Pell. This resolution was declared duly adopted. 4. On motion of Councilman Murdock, seconded by . Councilman .Drum, it- was RESOLVED that the Town Board of the Town of. .Southold has inspected - . . the property of Edward 'Speeches located on County: Route`-48.; CTreehport, New York, containing 20.093 acres and -approves said property- :as being developed- 'in' th'e cluster' concept. Complete legal :description as follows: ALL that certain plot, piece or parcel -of :.land, with the buildings and improvements thereon erected, situate, -lying and being near Greenport, in the Town of Southold, County of Suffolk and .State of New York, more particularly bounded and described as follows: . . BEGINNING at a monument on the northwesterly line. of Middle 'Road (County Road 48), said monument being the ''intersection of the northwesterly line of Middle Road (County 'Road 48 ) .with the east- erly line of land now or formerly of Morrison; running thence from said point of beginning and along land now or formerly o-f 'Morrison, the following three (3) courses and distances: (1 )- N. 20 02 ' 00" East. 382. 33 feet to a monument; thence,- (2)..N.. 20 17' 10" E. 1214. 58 feet -to a monument; thence, (3) N. 10 42 ' 50" -E. 513. 28 feet to -a-.. monument and the southerly line of Sound Drive; thence along the ., southerly and southeasterly line of Sound Drive the following two (2� courses and distances: (1 ). N. 890 441: E..' 50. 03 .feet. to an iron.. pipe or post; (2 ) N. 53° 58 ' 20" E:- 338 ..48 feet to .an iron pipe .or post and land known and designated as. Lot No . 76 on .a 'certain map entitled "Map of Section. 2, Eastern- Shores which map.:is. filed in the Suffolk County Clerk' s Office as Map No. 4426; thence along Lot No. 76 and Lots numbered 75, 74, 73, . Inlet Pond Road, Lots numbered 72, 71, 70, 69, 68 and 67, - all as shown on. the afore-. mentioned "Map of Section 2, Eastern Shores" , the following two' (2) courses and distances: (1) S. 16° 50' 30" E. 206. 41 feet to a point; thence, (2 ) S. '3° 53' 00" E. 1-103. 52 . feet to a monument and land now or formerly of J.M. S. 'Land Development Corp. ; thence along_ land now or formerly of J.M. S: . Land Devel'opmerit Corp.. and Homestead Way the following two (2 ) courses and distances: -(1) S. 40 17' 20" W. 305. 85 feet to a point . thence,- (2) S. 100 38' 2011 E. 113. 0 feet to a monument and land now or formerly of Thygesen; thence along land now or formerly of Thygesen the - following two (2) courses and distances: (1) S. 60° Ol' .-4011 ;W. 190-10 feet to a monument; thence, (2) S. 190 41' 30" E. 73. 08 feet. to an iron pipe or post and land now or formerly of Macomber.; thence along land now or formerly of Macomber and, land now or formerly of'Nicer the following three (3) courses and distan'C.es: (la S, 78 461 . W. 126. 77 feet to an iron pipe or post; thence., (2) S- 4 06'W. 129. 92 feet; thence, (3) S. 110 00' E. 83. 92 feet to the northwesterly li-ne of Middle Road (County Route 48); thence along the northwesterly line of Middle Road (Count Road 48 ) the following .two (2) courses and distances:. (1 ) S. 55 01' 10" W. 257. 37 feet to .a point ; thence, (2 ) S. 550 01 ' 50" W. 79.44 feet. to a_-monument- and the point or place of beginning. Vote of the Town Board: Ayes: Councilman Murphy, Councilman. Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. .' . 5. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Marian Goubeaud, from the current Civil Service List,. -to=the position of Clerk-Typist in the Town Clerk' s Office, effective November 1, 1981 at a salary of $6, 500, 00 per annum. Vote "of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, -Supervisor Pell.. This resolution was declared duly adopted. 6. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold grant Marian . Goubeaud, Clerk-Typist in the office -of the Town. Clerk, her -f ir-st and second salary increments at a total of $1, 000.00 effective. ' November 1, 1981. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Super.visor.. Pell. -. This resolution was declared., duly adopted.. OCTOBEP, 20 , 1981 - 379 7. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hire Douglas V. Clark as a part-time Radio Operator for the Southold Town Police Department effective immediately at a salary of $5. 00 per hour. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 8. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the application of the First Baptist' Chufdh of Cutchogue, dated October 13, 1981, for permission to erect A 'sirigle family trailer on the north side of Middle Road (CR #48), - Cutchogue, New York be and hereby is granted for a 'six (6) 'mcinth 'period. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 9. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold transfer $3, 860. 00 from Part Town Contingent Account to B3120.4 Police Contractual for the purchase of floor covering. for Police Head- quarters. Vote of . the Town Board: Ayes: -Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 10. On motion of Councilman Nickles, seconded .by Councilman Drum., . i.t.. was RESOLVED that Chief H. Daniel 'Winters 'be. and he hereby. 18 Aut.hor.i.zed and directed to seek ro orals and urcYiase 'arid 'install floor 'cover- in' at the Southold Town Police 'Headquarters at a cost not to exceed $3,8.60. 00. 4_. ,. Vote of the Town Board: Ayes: .Councilman ,Murphy, Councilman Murdock, Councilman Nickles, "Councilman Drum; Supervisor Pell. This resolution was declared duly=adopted. 11. Moved . by Councilman Drum, seconded by Councilman Murdock, WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the application of William Tsigakos 'and Peter Brountzas for a change of zone from "A" Residential and Agricultural District t.o "B" Light Business District on certain property situated near Greenport, New York, and more particularly bounded and described as follows: BEGINNING at a point on the southerly line of the North Road at a locust post and running t.hoence along the southerly side of the said North Road North 78 061 .30" East 73. 50 feet to the monument at a:= point =where the North Road intersects Main Street; thence South 570 57' 20" East 46. 27 feet to a granite marker on the westerly side- of Main Street; at the northeasterly corner of land of Carl Henckel; thence South 670 40' 20" West 101. 85 feet along land of Carl Henckel to a concrete marker and land of Herbert Fordham; thence along land of said Herbert Fordham North 190 23' 30" West 50. 99 feet to the point or place of BEGINNING, now, therefore, be. it RESOLVED that a public hearing will be held by' the Town Boar.d. of the Town of Southold at ' 8 : 00 P.M. , Thursday; ' Nove_mber' 5; ' 1981 at the Southold Town Hall, Main Road, Southold, New York on the aforementioned petition, at which time any person desiring to be hearing on the above proposed petition 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 off icial* newspaper pursuant to the requirements. of law. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 12. Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the application of Anthony J. DeMaula 'and Dorothy A. DeMaula for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property situated at Mattituck, New York, and more particularly bounded and described. as follows: ' ALL that certain plot, piece or parcel of land, shown and designated as Lot "P" 380 OCTOBER 20, 1981 on map entitled, "Map of Shore Acres, situate-, Mattituck,- Suffolk County, New York", surveyed December , .:1913 by Roswell -S. .Baylis, C. E. , Huntington, L. I . , New York and filed in the Office of the Clerk of the County of Suffolk, New York on :or about January 3, 1914 as Map No. 41; now, therefore, be it RESOLVED that a public hearing will' be .held by t he' Town' Board of the Town of Southold at 8: 10 P.M. ,' Thursday,' November b,' 1981 at the Southold Town Hall, Main Road, Southold, New York on- the. aforementioned petition, at which time any person desiring: to. be heard on the above proposed petition 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 thq requirements -of law. Vote of the Town Board: Ayes: Councilman -Murphy, .Councilman Murdock, Councilman Nickles, Councilman Drum, .Supervis.or Pell. This resolution was declared duly adopted. 13. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that Supervisor Wi 'Iiain .R.. Pell:, III be and he hereb-y is authorized and direct-ed to execute 'a professional- -se'r'vices`-:agree- ment for the maintenance and 'upkeep 'of' the Code' 'of' th'e Town of : Southold with General Code Publ'i'shers 'Corporation, and be .it .further RESOLVED that the Town Clerk be and she hereby' is 'authorized'.and . directed to request General -Code Publ'ish'ers' Corporation t' revise the index of the Code of 'the Town of. 'Southold at a cost. not to exceed $800. 00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 14. On motion of Councilman Nickles, seconded• by .Councilman -Drum, . it was RESOLVED that the Town Board of. the Town,—6f; Southold -set 3.: 3-0 P.M. , Thursday, November 5, 1981, Southold .Town :Hall, ..Main Roa,:',, -Southold, New York as time and place for hearing 'upon;4pp`ilcation 'Enconsult :s, Inc.,. for r t� Lagoon Association' for a'`permit: under :Y he provisir. _ of .the. Wetland Ordinance of the Town. of Southold:;., for pe -­nl.ssion to maintenance dredge an irregular shaped area 'with;ifi: lagoon,, place resultant spoil on beach north of bulkheaded canal- as nourishment, at the Lagoon off Peconic Bay, Nassau Point, ''Cutchogue, New York. All persons interested in said matter. shall appear .at the time and place above specified and will be given an opportunity to be heard. Vote of the Town Board: Ayes: Councilman Murphy; Councilman Murdock, Councilman Nickles, Councilman .Drum, Supervisor Pell. This resolution was declared duly adopted. 15. On motion of Councilman Drum, seconded .by Councilman Murdock, it was RESOLVED that the Town Board of the Town of ' Southold set . 3: 35 P.M. , Thursday, November 5, 1981, Southold Town Hall., Main-Road,. - Southold, - New York as time and place for hearing upon application of-Frank Frankola for a permit under the provisions of the Wetland Ordinance of the Town of Southold, for permi-sion to construct 320 -feet of timber bulkhead and backfill with 15.0 yards of bankrun sand from upland source on his property located at the south side of Glenn Road at dredged boat basin off Goose Creek-, Southold, New York. All persons interested in said matter shall appear at . the time and. place above specified and will be._given an opportunity .to be _heard. Vote of the Town Board: Ayes: Councilman Murphy,: Councilman . Murdock, Councilman Nickles, Councilman Drum, Supervisor =Pell : - This resolution was declared duly adopted. : 16. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold .set 3: 40 P.M. , Thursday, November 5, 1981, Southold Town Hall, Main Road, Southold, New York as time and place for bearing upon application of Richard W. Seelig for a permit under the provisions of the Wetland Ordinance of the Town of Southold, for permission to construct 94 feet of bulkhead- ing along the eastern edge of his property located at east side of Stillwater Avenue on East Creek, Cutchogue, New York. . - All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Vote of .the Town Board : Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman. Drum, Supervisor Pell. This resolution was declared duly adopted. OCTOBER 20 , 1981 381 n y` 4- <r. E.Y,tip t yr{ t��R•P9 ,���rt r rir,� :.{. �� ' 17. On motion of Councilman Murphy;" seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set 3: 45 P.M. , Thursday, November 5, 1981, Southold Town Hall, Main Road, Southold, New York as -time and place for hearing upon application of Charles DeLuca for a' permit under the provisions of 'the Wetland Ordinance of . the Town of Southold, for permission to •construct catwalk, ramp, and floats on his property located at east side Wells Road, Richmond Creek, Peconic, New York.. All persons interested in said matter shall appear at the .time and place above specified and will -be given an .opportunity to be heard. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor. Pell. This resolution was declared difly adopted. 18. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold set 3: 50 P .M. , Thursday, November 5, 1981, Southold Town Hall, Main Road, Southold, New York as time and place for hearing upon application of Costello Marine Contracting Corp, on behalf of Fred Cowan for a permit under the provisions of the Wetland Ordinance of the. Town of Southold, for permission to construct an open piling dock, ramp, floating dock and catwalk ramp at Fox Hollow Road, Mapes Creek, off Mattituck Creek, Mattituck, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Vote of the Town Board: Ayes: Councilman Murphy, Councilman -Murdock, Councilman Nickles, Councilman -Drum, Supervisor. Pell. This resolution was declared duly adopted. 19. On motion of Councilman bruin, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to renew'sthe Public Official Liability PolicyNo. PO 24285 to cover Southold Town Officials to the extent of $1, 000, 000. 00 for a one year period at a premium of $3,800. 00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, -Councilman Drum, .Supervisor ,Pell. This resolution was declared duly adopted. 20. On motion of Councilman Murdock, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby grants' permission to The Seniors Club of Southold-Peconic,. Inc. to engage two buses at a cost of $600. 00 to transport their group to .Milleridge Restaurant on November 17, 1981. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor. Pell. This =resolution was declared duly adopted. 21 . On motion of Councilman Murphy, seconded. by Councilman Nickles, it was RESOLVED that $1, 535. 56 be transferred from Item IV, DS599 Highway (Unexpended Balance) to DS5140. 1 Personal Services (Weeds & Brush) Item- IV Highway. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.. This resolution was declared duly adopted. 22. ' On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that $20, 000. 00 be transferred from Item IV, DS599 Highway (Unexpended Balance) to DS5142. 1 Personal Services (Snow & Ice Control) Item IV Highway. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 23. On motion of Councilman Drum, seconded by. Councilman Murdock, it was RESOLVED that $1, 400. 00 be transferred- from Item IV, DS599 Highway (Unexpended Balance) to DS9030.8 Social Security Item IV Highway. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted 24. On motion of Councilman Murdock, seconded by Councilman Drum, 'it was RESOLVED that Supervisor' William R. Pell, III be and' he hereby is authorized and directed to refund $50. 0.0 -filing fee for minor sub- division entitled "Mary Lockwood -to Mr. John Lockwood, who withdrew 382 OCTOBER 20, 1981 the application before it was acted on by the Planning Board. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, -Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 25. On motion of Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold transfer $12, 000. 00 from the Part Town Contingency Account to B3120. 2 Police Equipment for the purchase of four (4) hand-held -Regency radios at a cost of $750. 00 each 'and . the purchase of one unmarked police car for the detective -squad, with the trade-in of three (3) Town cars. Vote of . the Town Board: Ayes: , Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly- adopted. 26. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that Chief H. Daniel Winters be and he hereby is granted permission to purchase four (4) hand-held Regency police radios at a cost of $750. 00 each, and one (1) new unmarked police - car for the detective squad, with the trade-in of three ( 3), Town cars. Vote of the Town Board: Ayes: Councilman Murphy,, Councilman Murdock, Councilman Nickles, ' Councilman Drum, . Supervisor Pell. This resolution was declared duly adopted. _SUPERVISOR PELL: At this time I would like to ask for a recess for the amount of time it takes to conduct a public hearing on George R. Latham (grant of scenic easement ). On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that a recess be called at 3: 30 P.M, for the purpose of holding a public hearing in the matter of the application of George R. Latham, Jr. for a grant of scenic and/or conservation easement. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles,. Councilman Drum, Sueprvisor Pell. This resolution was declared duly adopted: Meeting reconvened at 3: 40 P.M. following the aforementioned public hearing. SUPERVISOR PELL: I ' ll ask the Town Board, at this time, does any- body object to moving on this at this time? If -not, will somebody propose a resolution? 27. GRANT OF SCENIC AND CONSERVATION EASEMENT BETWEEN GEORGE R.- LATHAM, JR. , '_GRANTOR AND THE TOWN OF SOUTHOLD, GRANTEE Moved by Councilman Nickles, seconded by Councilman Murdock, - WHEREAS,. the grantor is - the. owner of a certain parcel of land consisting of 5. 3 acres, more or less, of meadow located on the southwest side of King Street in the Hamlet of Orient, Town of Southold, Suffolk County, New York, generally bounded. northerly _by Gid' s Bay; easterly by Pete Neck Creek;, southerly by Orient Harbor; and westerly by other lands of the grantor, . said land being shown and designated on a certain map prepared by Rodering Van Tuyl, P. C. entitled, "Minor Subdivision made for George R. Latham, Jr. at Orient; Town of Southold, New York" , dated April 2, 1981 and last amended August .10, ' 1981, and which parcel of land is more fully described in Schedule "A" hereunto annexed and made a part hereof, which' are hereinafter referred to as "the premises" , and WHEREAS, said premises constitute an area of natural scenic beauty and whose existing openess, natural. condition, or present state of. use, if retained would enhance the. present. potential value of abutting and surrounding properties and would maintain.,or enhance the conservation of natural. and scenic resources; and.- WHEREAS, the grantor wishes to- grant a scenic and conservation easement to the grantee upon the premises; and WHEREAS, the grantee deems it to be in the public interest to acquire interests or rights in real property for the preservation of open space and areas to preserve the beauty and natural. conditions of estuarine areas in the Town of Southold; and WHEREAS, Section 247 of the General. Municipal Law of the State of New York provides that municipalities, including- Towns, may acquir e the fee or a lesser interest, development :'right, easement, .covenant or other contractual right in and to real property necessary to achieve the aforesaid purposes; and _ OCTOBER 20 , 1981 :383 WHEREAS the _ grantee; in furtherance of"the above policy and in accordance with Section 247 of the General Municipal:Law-wishes to . accept the scenic and conservation easement hereby proffered by the grantor; and WHEREAS, a public hearing was held by the Tow Board of the Town of Southold after due notice thereof, with rn espect to the terms *..' and conditions embraced herein, at which public hearing all interested parties were given an opportunity to be heard; NOW, THEREFORE, in consideration .of One ($1.'00): Dollar' and other good and valuable consideration paid by the grantee to the grantor the receipt of which is hereby acknowledged, this agreement wi.tnesseth that: 1. The grantor does hereby donate, . grant; . transfer .and convey to the Town of Southold, a scenic and .conservation easement: in gross, of the nature, character and to the extent ' here' inafter set forth.,' over and upon the premises. 2. The nature, character and extent of the easement'.-hereby granted is as follows: (a) No dredging, excavating, or land.' fill-operations shall be authorized or permitted in or on the 'premi:ses, except as required for agricultural purposes. (b) No development of any kind shall .be permitted' nor shall any commercial use except agricultural and horticultural uses. be made of the premises. (c ) No building or structures shall be placed or _erected on the premises. (d) No gravel, sand, peat. 'or !'other material; "except ..salt hay or thatch shall be removed from the premises nor shall.. any sand, gravel or other materials be placed upon .the premises (e) No roadways or driveways shall be constructed- on the premises except unimproved., -farm r.;oads; (f) The grantee and its authorized agents shall have- the right of inspection of the premises at any and all times during-:the term hereof . 3. The nature, character and .extent of limitations : on the within grant of easement are as follows: (a) Notwithstanding the provisions .hereof, the premises shall remain at all times in the . exclusive possession of.. the grantor. (b) All rights, interests and. privileges of the grantor in the- premises not herein specifically "donated,. .granted ' transferred and conveyed shall remain and reside with the grantor. . 4. This agreement may be cancelled by the grantor. .upon sixty (6) days written notice to the grantee and upon payment to the grantee of a sum equal to three ,times the difference between the amount of real estate taxes paid or assessed 'against. .the, premises in the year of such cancellation and the- amount, of real estate taxes that would be assessed against the premises in the year of such cancellation had the premises not been burdened with. the. provisions of this instrument, both computed in the tax year in which the cancellation shall take place. . Upon payment. of such. sum, -the grantee shall execute and deliver to the grantor a release of - easement instrument in recordable form. 5. In the event that the grantor .desires to:ldispose of the premises, or any part thereof, during the term of this agreement, or any renewal or extension thereof, . by' sale, the grantor shall give the grantee thirty (30) days notice of such proposed sald and the terms thereof . The grantee shall have. the first option to acquire the premises within said thirty (30) 'day. period on ' the same terms as any such proposed sale. 6. The failure of the grantee to insist upon the strict performance of any of the terms, conditions,_ covenants, or restrictions contained herein, shall not be deemed a waiver of any 'subse.quent . breach or deault in the terms, conditions, covenants''or restrictions contained herein . 7. If the whole or any part of the premises .shall '.be condemned or taken by eminent domain, then 'this agreement shall forthwith cease from the date of title vesting in such proceeding. In such event the grantor shall be required to pay no penalties, nor shall. the value of the premises be limited by this easement, nor shall. any part .of any award belong to the grantee: S. The grantee covenants that to the extent legally per missable, the valuation placed upon the premises for purposes. of real estate taxation will be limited by the restriction. o-f. this scenic easement in accordance with Section 247. of the General Municipal Law of the State of New York. 384 OCTOBER 20, 1981 9. All the covenants, conditions, reservations, restrictions, easements and provisions of this agreement shall continue and remain in effect until the 22nd day of October, . .1991, at which time all . of .the provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or before the 22nd day of August, 1991, or sixty (60) days prior to the end of - any such extension period, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk' s Office determine to terminate the same. ' 10. The burden -of this easement shall run with the land and shall be binding upon the parties hereto, and ,their .successors and assigns. SCHEDULE "A" - Legal Description, to wit : BEGINNING at a point at the southwesterly terminus . of a' certain 25 foot private road and running along said line of-'private . road North 180 37' East , 25 feet; thence North. 340 001 .East, 265 feet to the ordinary high water mark of Pete. Neck Creek; thence south- easterly and then southerly along Pete Neck. Creek 1.050 feet; thence northwesterly along the' shore of Orient Bay 400 feet, .to a .point;'-. thence North 120 52 ' 20" East 420 feet; thence North 710 23' West, 107 feet to the point of BEGINNING. Containing 5. 3 acres, more or less. Vote of the Town Board: Ayes : Councilman Murphy; -Councilman Murdock, Councilman Nickles, Councilman ,Drum, Supervisor Pell. . This: resolution was declared duly adopted. SUPERVISOR PELL: That ends the prepared agenda. I .will. ask the. Councilmen at this time, is there anything they would- like to, bring up? Councilman Murdock? (Nothing. ) Councilman Drum? (Nothing. ) Councilman Nickles? COUNCILMAN NICKLES: Happy Birthday. SUPERVISOR PELL: Thank you, John. -Councilman Murphy? COUNCILMAN MURPHY: Happy Birthday, also, _William. . SUPERVISOR PELL: Thank you. : Thirty-'nine and holding. At this time I will open the floor up to the people here. Does anybody wish to address the Board? (No response. ) If not, -the motion is in order. On motion of Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that there being no further business to come.-before this Town Board meeting adjournment be called at 3:45 P.M: Vote. of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly_,adopted. Alith-T. Term Town Clerk S