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HomeMy WebLinkAboutTB-12/22/1981 466 SOUTHOLD TOWN BOARD December 22, 1981 WORK SESSION 9: 00 A.M. - Audit of December outstanding .obligations. 9:40 A.M. - Town Engineer Lawrence Tuthill and Mr.' Harold Reese, developer of Grandview Estates subdivision met with the Town Board to discuss the amount of the performance bond. Mr . Tuthill stated he estimated the bond at $400, 000. 00 which takes into consideration the cost for the Town to build the roads and improvements at union rates. - Mr . Reese would like the figure to be set at $300, 000. 00. Councilman' Nickles_ suggested that the bond be set for one year, _ rather than the usual three year period. Mr .. Reese stated he could accept that amount and the figure of $350, 000. 00 was .agreed upon for one year. Mr . Reese said he has had a discuss with Mr. Tuthill relative to .changing the road layout. He would like the option to change the road. layout and hopes the Planning Board will expedite the changes.' The Board agreed. (See Resolution V-3) 10: 10 A.M. - Town Engineer Lawrence Tuthill reported on his meeting with Federal Flood Administration' 'representatives at Stony Brook relative to the wave height study and flood plain maps. Considerable headway has been made and changes were .approved. 10: 15 A.M. - Merlon Wiggin and Richard Storz of' Lovi.sa Construction Co. , Inc. met with the Town Board and submitted :a .proposec? contract for the construction of a municipal solid waste facility in the Town of Southold. Two proposals were submitted: (1) electrical :sales only (2 ) cogeneration (electricity and steam) . Draft . proposed contract on file with the Town Clerk. 10:40 A.M. - Supervisor Pell asked for a Special' Town 'Board Meeting to be held on December 29th for 'submission of­Town Board ;Committee Reports for 1981 . Work .session - 9: 30 A.M: , Special Meeting - 11: 30 A.M. Councilman Nickles- asked that a resolution be -placed on the agenda for January 5th reaffirming the Town Board' s position on relocation of and termination of State Motor Vehicle Offices in Suffolk County. 10: 45 A.M. - The Board began reviewing the agenda. 12 : 15 .P.M. - Recess for lunch. 1: 30 P.M. - Work session reconvened. EXECUTIVE SESSION 1 : 35 P.M. - Discussed solid waste management proposals. The Board will go into depth after the first of the year. 2 : 30 P.M. - Discussed insurance proposals for 1982. WORK SESSION 2: 35 P.M. - Resumed reviewing. agenda. . 2: 40 P.M. - William H. Price of McMann-Price Agency and Andrew, Val and John Stype of Val Stype & Sons, Inc. met with the Town Board to discuss the 1982 insurance proposals. Councilman Murdock asked if Stype agency would be willing to take the auto coverage for the. Town and Mc Mann-Price the remainder. Mr. Stype said he would prefer the entire package, . as did Mr . Price., However, Mr . Price did state his company would be agreeable to writing everything but the auto. Both were asked- to step into another room and discuss the matter to see if they could come to a mutual understanding. 2 : 50 P.M. - The Board resumed reviewing the. agenda. ' DECEMBER 22 , 1981 467 3: 05 P.M. - Insurance. ' Mr . Price and Mr. Stype advised the Board they had reached an understanding. Mr. Stype would provide the Town with vehicle coverage for one year at a premium of $21, 504. O0 for 1982. Mr. Price will provide the- remaining insurance coverage, including police professional liability coverage, for a three year period, 1982=1984, at an annual premium of $52, 493. 00. Supervisor Pell stated he was not `happy with the solution, but if it was the ' will of the Board he would agree to it. Councilman Nickles pointed out that the solution resulted in an additional $4, 000. 00 plus saving to the Town over the original quote of the Stype agency. 3: 10 P.M, - Work session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, December 22, 1981 at the Southold Town Hall, Main. Road, Southold, New York. Supervisor Pell opened the meeting at 3: 15 P.M. with the Pledge of Allegiance to the Flag. Present : Supervisor William R. Pell, -III Councilman Henry, W. Drum Councilman John J. Nickles Councilman . Lawrence 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 Drum, seconded by Councilman Murdock, it was RESOLVED that the following audited bills be and hereby are approved for payment: General Fund Whole Town bills in the amount of $20, 468 . 32; General Fund Part Town bills in the amount of $30,499. 25; Highway Department bills in the amount of $7, 465. 79; Fishers Island Ferry District bills in the amount of $2, 222. 13. 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 Supervisor .Pell, seconded by Councilman .Murphy, it was RESOLVED that the next meeting of the Southold Town Board will be a Special Meeting to be held on Tuesday, December 29," 1981 at' 11 : 30 A.M. at the Southold Town Hall, Main Road, Southold, New York, and be it further RESOLVED that the Organizational Meeting of the South"ol"d-;Town Board will be held at 3: 00 P.M. , Tuesday, January '5 1982 at. the Southold Town Hall, Main Road, Southold, . New York, and be it further RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7: 30 P.M. , Tuesday, January 5, 1982 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 vas declared duly adopted. I . REPORTS: - SUPERVISOR PELL: 1. Monthly report of Judge Tedeschi (November 1981) . 2. Monthly report of Judge Rich (November 1981 ) . 3. Solar .Energy Commission minutes supplied to us by our rep, on there Jean Tiedke. 4. Councilmen' s reports - Councilman .Murdock— COUNCILMAN MURDOCK: During the preceeding week there was a draft environmental impact statement hearing by NYDEC on behalf of Energy Development Corporation. Today we had another proposal put to us by Lovisa Corporation. Municipal solid waste is still a major topic of conversation requiring a great deal of thought and effort. Thank you, Bill. 468 DECEMBER 22 , 1981 SUPERVISOR PELL: Councilman Drum? ( I have nothing to report ..) . Councilman Nickles? (Nothing. ) Councilman Murphy? (Nothing. ) I omitted approval of the minutes of .the december 8th meeting. At this time I will offer that resolution. On motion of Supervisor Pell, seconded by Councilman Murdock, it was .. RESOLVED that the minutes' of the December 8, 1981 meeting of the Southold Town Board be and hereby are approved. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: I would like to thank Councilman Drum for bringing it to my attention. I almost skipped it . What are we going to do the next time when you aren ' t here? Supervisor' s Report: The Supervisor did attend, in Southold Town we had all ten Supervisors here and we discussed creation of a Long Island Transportation' Authority and- withdrawing from the MTA. Also, the possibility in looking into doing away with the County Legislature but more information is needed. Tentatively the Board does agree with it but still we want more facts. Also we did discuss something about the sales tax but no action was taken and no direction was taken but it was something we will be looking into in the first part of the year when we meet again. We ' re opposed .to it but they're thinking about asking for a rebate to the towns . If you remember, last year we asked for a rebate' of the sales tax to the towns and they agreed to give us 500 per head. Then it got somewhere along the way it got killed so we are going to go after that -route again. At this time I would like to call f.or' resumes. We are looking for three people to represent the .Town to sit on the` Committee that works with Riverhead Township and the County; Legislatureeon the--I 'm going to refer to it as the $105, 000. 00 Water :Study. 'for tie North Fork. Anybody interested in being on this Committee and representing their Town should submit their resumes to the Town Clerk and the Town ..Clerk will distribute them to the Board and the decision will be made on January 5th. Secondly, I would like to call for resumes- to fill the unexpired term of Robert Douglass on the Board of Appeals and the term that expires January 9th of Frank Lekich on the Board'.'of� -Housing -Appeals . Resumes are due into the Town Clerk' s Office byJanuary 14th and she . will distribute -them.-to.-the Board, hoping the Board will make a selection on 'January 1.9th. II . PUBLIC NOTICES:. COUNCILMAN NICKLES: . 1. From the Department of Environmental Conservati.on.. It is a Positive Declaration, Noti.ce of Intent to Prepare an. Environmental Impact Statement Determination of Significance on the application of Goose Bay Civit Association to maintenance dredge Goose Creek. 2. From the Department of Environmental Conservation, Notice of Complete Application of Peter Kreh to subdivide a parcel into four lots on James Creek, Mattituck. Comments by January 13th. 3. A piece of property right adjacent to #2, also. from the D.E. C. , Notice of Complete Application of the Folly Beach, Ltd. to subdivide a parcel into four lots at James Creek, Mattituck.. Comments by January 13, 19.82. 4. From the D.E.C. , Notice of Complete Application by Sal McCarthy by Enconsultants to construct a catwalk, hinged ramp, floating dock at Mattituck. Comments by January 13th. All these notices are on the Town Clerk' s Bulletin Board and are available for your inspection. III . COMMUNICATIONS: - SUPERVISOR PELL: The communication letters are on file with the Town .Clerk and Town Board. 1. From New York State Legislative Commission on Water Resources, signed by Eddie Cantor who has been out to Southold .Town and has been working with our landfill people to keep us abreast of what their _ thoughts are. 2. Letter from H2M in regard to the project with the Village of greenport (201 Study). We have t at ' under resolutions (V-6) . 3. From the. DEC who gave us an emergency permit to do work up at, Kenny ' s Beach and we have to notify them within 48 hours when j, DECEMBER ,' 22 , 1981 469 the work is done. They have` nnbt fied', , and the work has been done, that portion of it . 4. Letter from Mr. Rambo saying how he plans to work on the slope up at the sand pit owned by Mr. Glover and he wants to put in beach grass and black pines along the slopes after he brings it up according to Town specs in the Town Code under . slopes. 5. . From Greenport-Southold Chamber of Commerce who would like us to modify our zoning ordinance to permit . short term room rentals in residential zones. The Town Board. has .directed us to write back to them and ask them for more thoughts and look at what other towns do and if they have a hardship in the interim, realizing this will take some time, that they go the route -of -variance--to.•the..Z;B.A. 6. Another letter from the Greenpor't-Sbuthol'd -Chainber 'of Commerce requesting the Town Board to support a: 1% transient' room fee tax to the County. Basically the ,Town Board is opposed to this request . 7. A letter from Federal Cons'erva't'ibh' 'Group , the.-people _ who. insulated the sidewalls of the recreation building" on' Pec"oni'c 'Lane. Starts off, "Good Morning Mr . Pell; " There is a little joke on that one. I get up in the morning, and one morning I was there before they were to start work and I told them the best part of the day is gone, they might as well go home. So they are taking it as a joke as it was meant . .. .. .. 8. Letter from Brookhaven Town 'Councilman"(Eugene T. Dooley) . requesting the Town Board of Southold _to join them in a 'suit against reapportionment` ('Suffolk County Legislature) . The Town Board will not join in. 9. Letter from our 'Trustees in reference" to. a letter from Southold Town Baymen' s Association requesting certain Taws be enacted to help prevent unpermitted dredging or bulkheads that go in the Town. We are going to send a letter to the Town Board of Trustees and asked them to go to the Baymen, the section of our law which covers this. 10. We have the people in the audience today who brought this to my attention a month ago or perhaps two months ago, in regard to Captain Kidd' s Estates and Central Drive. The Board. did discuss this today at great length. Mr. Dean and myself started up there a week or so ago and he got back to eyeball it and look at it and at this time under direction from the Board, that road has been. up there for many years, has not been used for many years and Counsel can help me out--that road is going to be abandoned, is that the word? Abandoned from the Town Road Map. I know this is not your intent, your intent was to have it opened up so you could get into your property. That road has not been used and not been maintained by the Town for quite a few years and under the statute of that the road can be abandoned. MR. BARRY VREELAND: We' re on adjacent land to this road. The road was--hardpen was put in on the road in 1963. It was used for several years following 1963 and it was used particularly in the winter time subsequent to that , but we did make a much longer access to get into our property and our neighbor ' s property, which we generally use, but this--it ' s about 110 foot road that comes back and abutts on our property. This is used by us, or it was used until it got "blocked off by other people, particularly in the winter time. When the winter comes our long winding road becomes inaccessible. and even with the snow plow you can ' t get the ice on it and there is a bit of a grade going up there so we have no way of getting in and out during the winter storms . Now, we don' t understand why this public- road should be abandoned when it has been there. Up to this date no action has been taken and the reason that we brought this to the Town Board or to Mr. Dean two years ago and it was---Mr. Dean indicated he was going to do something about it and nothing got done and .finally, of course, I came to the Town Board through Mr. Pell ' s office and said, "Look, we' ve got a problem here. This is a piece of public road that is being abused by other parties and we want it kept open" . Now, I don ' t understand the process of abandonment and it ' s abandoned to. Who, and so forth, but we strongly protest this. You see , not only is it for our personal convenience in the winter time, but it ' s the nearest access to the fire equipment and if there was,, of course, an emergency, God forbid, that one of us should be taken ill, it ' s the shortest distance to these adjacent properties . Otherwise, we have to go a third of a mile to get in there assuming you can get in. So we would certainly continue whatever legal right we have to, petition . the Town and to ask the Town to keep this road open. I might point out one other thing to you, that there is a property that faces this road, it is their public right-of-way, and you' re proposing to abandon a public right-of-way to the man and to the property owner, .Dr. Carlton. 470 . DECEMBER 22 , 1981 He is the property who ' s property a bitts this and this is his right-of= way, his 100 feet that he has to have for frontage. So, I don ' t:..under- stand how this decision could have been reached and I petition you reconsider this and advise us further. SUPERVISOR PELL: Let me ask you one question before you sit down. When was the last time you used that, when was it blocked off' l00%? MR. VREELAND: It was blocked off I believe two or three years ago. SUPERVISOR PELL: Two or three years ago. You used it up until that time? MR. VREELAND: That' s right . It was accessible and we used it in the--when the bad weather came and the snow came. MR. MURPHY: What does this doctor do now, where is his access? MR. VREELAND: He comes out on the extreme east side and he has a little piece of paved road that comes out . He' s paved over the public road to get out, but he's way on the east side so as far as access is concerned, he has access. MRS. VREELAND: But he won' t have frontage on the road. MR. VREELAND: Well, he won' t have frontage, of course, if ...,the road is abandoned. Who are you going to give it to? It ' s the Town' s property and I believe that the Town is required to maintain it and to hold it and we would be inclined to insist that it be retained by the Town. SUPERVISOR PELL: You gave us a lot of information that was needed and we are not going to adjourn the meeting today, we have other stuff to discuss and it will be rediscussed at the Board Room. MR. VREELAND: We can follow it up with your office? SUPERVISOR PELL: Follow it up with my office. COUNCILMAN NICKLES : I don ' t think the Board had all the .information before we came to a determination. As one Board Member I wasn' t aware that there was anybody living at the end of the road using that,. depending on that Central Drive, or that portion of it,-for access. MRS. VREELAND: Can you described to us what an abandoned piece of property--what would happen to it in view of abandonment? . TOWN ATTORNEY TASKER: When the Town takes a road as a public highway, all it gets is an easement over that strip of land for purposes of maintaining a public street. When it abandons it it `just removes the Town' s easement. The people who own either side of the street still own to the center, it doesn't change anything with respect to owner ship. It will continue as a private street shown on the subdivision map. Now, basically speaking, you have--the Town Board has to make a determination that the road is no longer needed for public purposes. When we discussed this earlier there was no information whatsoever that it in fact was used. This puts a different light on it. MRS. VREELAND: But you also understand clearly that one person has taken over this property wit,h' a private garden. TOWN ATTORNEY TASKER: That should not have been permitted. SUPERVISOR PELL: Moving on to Number 11 which was left off the agenda. Letter from En'ergy' Debelopment Corp. which the Board has . received and placed .on file. IV. HEARINGS : On motion of Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that a recess be called at 3:40 P.M. for the. purpose of holding a public hearing in the matter of the application of M. S. Levison (#77) . for a wetland permit. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. t 4.. DECEMBER 22 , 1981 2 471 Meeting reconvened at 3: 45 P V. RESOLUTIONS: 1. On motion of Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency- for the action described below, has determined that the project , which is unlisted, will not have a significant effect on the environment. Description of Action : Application of Enconsultants, Inc. on behalf of Neil Simon for a wetland permit to construct 190 lin. ft . of timber bulkhead generally above line of MHW, except on southerly side where it will tie into. the corner of existing bulkhead. 'A 10 ft . return is proposed on northerly side. Approximately 200 .cu. yds. of clean sand fill will be trucked in for backfill. Location of property: terminus of Harbor Lights Drive, on man-made basin off Southold Bay, 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 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 adopted. 2. . On motion of Councilman Nickles, seconded by Councilman. Drum, it was RESOLVED that the Town Board of the Town of Southold supports Assembly Bill '7860 and' Senate Bill' 6327, entitled "'AN ACT to create the Long Island transportation authority to assume, continue and improve the commuter transportation services presently provided by the Lon-g Island railroad, to provide for the necessary transfer of certain functions, facilities, powers and duties related thereto and making an appropriation therefor" . The purpose of the bills is to accomplish the severance of the Long 'Island Railroad (LIRR) from the Metropolitan- Transit Authority (MTA) and to create a LIRR Corp- oration for the continuance, further development and improvement of the Long Island Commuter transportation and other services related thereto. And be it further RESOLVED that a letter be forwarded to Assemblyman John L. . Behan and. Senator Kenneth LaValle requesting their support of the . respective bills. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 3. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold approves 't'he amount of $325, 000. 00 for a one (1 )' year bond for roads and improve- ments in the subdivision known as "Grandview' Estates" at Orient, New York, as recommended by the Southold' Town Planning Board and Town Engineer Lawrence M. Tuthill. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman. Drum, Supervisor Pell . - This resolution was declared duly adopted. 4. On motion of Councilman Murdock, seconded Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold 'appoint' Bill Kotzky as Southold Town' s representative on the 'Siiffol*k County Solar Energy Commission., effective immediately. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 5. Moved by Councilman Nickles, seconded by Councilman Drum, WHEREAS, the Town Board of the Town of Southold has sought .proposals on its property and liability insurance programs to take effect on January 1, 1982, now, therefore, be it RESOLVED that the proposal of Val Stype & Sons , 'Ihc. be accepted for providing the Town of Southold with vehicle insurance coverage for one year (1982) at a premium of $21, 504.00, and be it further 472 DECEMBER 22, 1981 RESOLVED that the proposal of McMarin-Price 'A'gen'cy be accepted for providing the Town of Southold with all the r'eiriairiing 'insurance coverage, including police professional liability coverage, for a three year period (1982-1984), at an annual premium 'of $52, 493. 00. 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 Murphy, . seconded by Councilmah Murdock, it was RESOLVED that the Town Board of..the Town of Southold agrees. t'o 'the following concepts under the Greenport-Southold- 201- Wastewater Facilities Study: (a) Force main from Greenport to resource recovery facility at Cutchogue as solely a Town project .. (b) The Scavenger Waste Plant at Greenport will be financed by the Town and construction and operation.. will -be by the Town/or Greenport. (c) A filter press facility will be located at the Landfill Site at Cutchogue. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was. declared duly 'adopted. 7. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the application of Maddie Miles, dated November 30, 1981, for renewal of her trailer permit on private toad off north side Main Road, Mattituck, New York, be and hereby is granted for a six (6) month period. 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 Town Board of the Town of Southd-ld eng.a:ge, the services of Holzmacher, McLendon and Murrell, P:C: : as professional engineers for the New York State Department of Transportation Regulat y and Warning Sign project at a fee of $3, 500. 00. Vote of the Town Board: Ayes : Councilman Murphy, Councilman 141urdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 9. .(a) On motion of Councilman Nickles, seconded by Councilman 'Drum, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for furnishing all of the heating fuel oil (No . 2 fuel oil ) required for heating of the Town buildings consisting of the Southold Town Hall, Main Road, Southold, New York, and Town Highway Department building, Peconic Lane, Peconic, New York, for the calendar year 1982. 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 Nickles, seconded by Councilman Murdock,, it was (b) RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for furnishing all of the gasoline for the Town of Southold vehicles for the 'calendar. year' 1982. 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 Nickles, seconded by Councilman Murphy, it wa (c) RESOLVED that the Town Clerk be and she hereby is authorized and ; directed to advertise for bids for furnishing all of the diesel fuel for the Southold Town Highway. Department and Disposal Area for the calendar year 1982. 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 Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set 3: 30 P.M. , Tuesday, January 19, 1982, Southold Town Hall , Main Road; Southold, New York as time and place for hearing Upon application of Strong' s Marine Center for a permit under the provisions of the Wetland Ordin- DECEMBER 22 , 1981 473 ante of the Town of Southold, for permission, to construct a 190 ft . section of bulkhead in line' "w�nd' conriected to partially completed existing bulkhead and backfill with approximately 40 cubic yards of clean fill to be trucked in from upland source. Bulkhead will be in inner portion of marina. Construct a total of 70 ft. of timber bulkhead to connect to existing bulkhead on outer portion of marina to control scouring of backfill from existing bulkhead. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 11. On motion of Councilman Nickles, seconded by Councilman Drum, ' it was RESOLVED that the Town Board of the Town of Southold set 3: 35 P.M. , Tuesday, January 19, 1982, Southold Town Hall, Main Road, Southold, New'York as time. and place for hearing upon application of Enconsultants, Inc. for Sal McCarthy for a permit under the provisions of the Wetland Ordinance of the Town of Southold, for permission to construct a fixed elevated catwalk, hinged ramp and floating dock secured by two piles at his property at 40 Fox Hollow Road, on Mattituck Creek, Mattituck, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 12. On motion of Councilman Murdock, seconded by Councilman Drum, WHEREAS, a petition was received from Joseph J.' Lizewski requesting a change 'of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property at Cutchogue, New York, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this application to the Planning Board in accordance with Article XV,, Section 100-150(B) of the Code of the Town of Southold. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 13. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board declares itself lea_d'.agericy in regard to the State Environmental Quality Review Act in the matter of the application of Joseph J. Lizewski 'for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property located on the north side of Main (State) Road, Cutchogue, New York. 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 Drum, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute an agreement between the Town of Southold and The North Fork Bank & Trust Company for the lease of one Burroughs F5706 accounting machine, serial no. F-182934 for a twelve month period commencing on January 1, 1982 and terminating on December 31, 1982 at a rental price of the cost of the maintenance agreement by Burroughs. 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 Nickles, seconded by Councilman ,Drum, it was RESOLVED that the Town Board of the Town of Southold accept the proposal for audit of EDA account, in accordance with federal regulations, for construction of the Southold Town Hall, by Elaine F. Kaldor, Certified Public Accountant, at a fee of $1, 750. 00; $730. 00 of which is to be paid in 1981, balance during fiscal year 1982. Vote of the Town Board: Ayes: Councilman Murphy, Councilman _ Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 16. Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, Marian Council #3852, Knights of Columbus , Cutchogue, New York, has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application and after investigation, duly made findings and determinations as required by law, 474 DECEMBER 22, 1981 NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as required by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to Marian Council #3852, Knights of Columbus, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman -Nickles, Councilman Drum, Supervisor Pell.. This resolution was declared duly adopted. 17. On motion of Councilman Murphy, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold approve the application of Gerald'irie Davis, dated November 30, 1981, for renewal. of- her- trailer permit on the south side of Sound _Avenue, Ma.ttituck, New York, for a six (6) month period. Vote of the Town Board: Ayes: , Councilman Murphy-, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 18 is something that you people don ' t know about too much. It happened rather quickly, but I think you all should be aware of it and I'm going to ask Councilman' Murdock-- the Cross Sound Ferry-- he was the one who .brought it to my attention the other day and I think I will ask him to explain it and offer the resolution. COUNCILMAN MURDOCK: The other day I received information that the Cross Sound Ferry Company was in danger of closing down operations. It turns out there was an argument between the existing partners and one partner owns a lease that the property--on the property that the ferry lands at and he has requested a change . in rrent. from $1, 430. 00 a month to $10, 000: 00 a month to his partner who is the operator. Baring thatincrease he has asked that the Cross -Sound Ferry Company be evicted from the premises. There -is a court hearing tomorrow in Hartford asking for a stay, and there will be -another hearing and we on the Town Hoard as well as-'hopefully now the. County' Exdcutive, Senator LaValle and Senator Behan, the 'Town of Riverhead , the Town of Southampton, I believe the Town of East Hampton, are all sending resolutions and notices to the Interstate Commerce Committee . emphasizing the importance of this ferry and the service it provides to Long Island. Along that line our resolution will be: 18 . Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, the community of Southold and its economic prosperity has significant dependence upon the regular ferry 'servic'e provided by the Cross-Sound Ferry Services, Inc . , between Orient .Point , New York, and New London, Connecticut; and WHEREAS, great numbers of businesses are engaged in interstate . commerce both to and from Orient Point, New York, providing goods and services for our community as well as for business prosperity for our area; and WHEREAS, vast numbers of businesses and members of the general public depend upon such transportation. for their- livelihood and well-being; NOW, THEREFORE, BE IT RESOLVED that William R. Pell, III as Super- visor of the Town of Southold, is hereby authorized to communicate with the Interstate Commerce Commission and/or to supply said Commission with any letter or affidavit for its use regarding any action seeking to enjoin the eviction of Cross-Sound Ferry Services, Inc. from its New London terminal facility until an alternate site may be found. Such communication and action is authorized in order to do whatever is possible to assure continued and uninterrupted regular ferry service and the continued flow of. interstate commerce to our community. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. COUNCILMAN MURDOCK: Also, we have already sent a telegram, to the Interstate Commerce Commission. SUPERVISOR PELL: Just for information sake I did speak to the lawyer who is handling the 'case for Cross-Sound and if he thinks it necessary, he will call me tonight at my home and I will be in DECEMBER 22 , 1981 475 Hartford tomorrow. I do not know at this time and he does not know. Number 19 we- are going to %wa ttt':Uhtil_ the meeting 'of' the 29th to talk about that . That has been laid aside. 20. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold grant 'Christine Stulsky, Clerk-Stenographer in the office of Justice Frederick Tedeschi, her third salary increment in the amount of $500. 00, effective January 1, 1982. 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 Supervisor Pell, seconded by Councilman Nickles, -- it--was RESOLVED, that $3, 105. 02 be and hereby is 'transferred from Highway, Item I, DR9010. 8 NYS Retirement , to Highway, Item I, DR9060. 8 Hospitalization & Medical, and be it further 22. RESOLVED that $3, 582. 17 be and hereby is transferred from Highway, Item III, DM599 Unexpended Balance, to Highway, Item III, DM5130,4, Contractual; and be it further 23. RESOLVED that $16. 80 be and hereby is transferred from Highway, Item III , DM9010. 8 NYS. Retirement to Highway, Item III, DM9059. 8, CSEA Welfare Fund; and be it further 24. RESOLVED that $1, 896. 00 be and hereby is transferred from Highway Item IV, DS5140. 4 Contractual, to Highway, Item IV,, DS5142, 4 Contractual, and be it further 25. RESOLVED that $2, 622.49 be and hereby is transferred from Highway Item I, DR5110. 1 Personal Services, to Highway Item I, DR5110.4 Contractual. 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 Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold -auth.orizes the following transfers of funds within the Fishers' 'Island' Ferry D'i'strict 1981 Budget: From: Bonded Indebtedness--------------$119. 24. N.Y. S. Retirement------------------$135.46 . 254.70 To: Office Expense-------------------$. 21, 30 Hospitalization-------------------$23'3.40 254. 70 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adbpted. 27. On motion of Councilman Murdock,- seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold authorizes. the following encumberances of funds within the' Fishers "I'sland Ferry District 1981 Budget: Repairs Ferry----------------------------------$ 2, 065, 40 Purchase Order No. 1040281 for replacement of damaged propeller Essex Machine Works, Essex, Ct . Operation Ferry--------------------------------$ 1, 825. 00 Printing of various fare tickets for ferry operation. Globe Ticket Co. , Waltham, MA. ' Operation Ferry--------------------------------$ 1, 206. 28 Fuel oil received but not yet invoiced. Spicer Fuel Co. , Groton; Ct. Operation Ferry--------------------------------$ 8, 899;09 Fuel oil received but not yet invoiced. Mobil Oil Corporation $13, 995. 77 TOTAL Vote of the Town Board: , Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 28. On motion of Councilman Nickles, seconded by Supervisor Pell, it was (a) RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $3, 350. 00 from General Fund Whole Town Unexpended Balance to General Fund Whole Town A7180. 4, Beaches, Contractual, to pay billing for Sound Shore Excavation, Kenney' s Beach, and further authorizes additional expenditure of $1, 350. 00 towards this project: 476 DECEMBER 22 , 1981 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 28. On motion of Councilman Nickles, seconded by Councilman Murdock, it was (b) RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfers from the General Fund Whole Town Budget: From: A1355. 4 - Assessors, Contractual--------------$ 250. 00 A1410. 2 - Town Clerk, Equipment-------- ---$ 421. 00 A1420. 4 - Town Attorney, Contractual----------$ 1, 131. 58 A1010. 4 - Insurance---------------------------$ 6, 500. 00 A1990.4 - Contingent--------------------------$ 416.42 A7180. 2 - Beaches, Equipment--------------- --$ 1, 000. 00 A7020. 4 - Rec. Admin., • Contractual----- -----$ 300. 00 Total-----$10, 019. 00 To: A1010. 4 - Town Board, Contractual-------------$ 110. 00 A1110. 4 - Justices, Contractual---------------$ 1, 190. 00 A1110. 2 - Justices, Equipment-----------------$ 150. 00 A1220.4 - Supervisor, Contractual-------------$ 130. 00 A1220. 2 - Supervisor, Equipment---------------$ 421. 00 A1440. 4 - Engineer, Contractual---------------$ 100. 00, A1620. 4 - Buildings, Contractual--------------$ 2, 600. 00 A3020. 4 - Public Commun. , Contractual---------$ 68. 00 A3610.4 - Exam. Boards. , Contractual----------$ 50. 00 A5182. 4 - Street Lights„ Contractual----------$ 700. 00 A5650.4 - Off Street Parking, Contractual-----$ 600. 00 A7180.4 - Beaches, Contractual-------------- -$ 700. 00 A8160.4 - Disposal Area, Contractual----------$ 900. 00 A8540. 4 - Drainage, Contractual---------------$ 2, 300. 00 Total-----$10, 019. 00 Vote of the Town Board :. Ayes. Councilman Murphy,. Councilman Murdock, Councilman Nickles, 'Counc-ilman, Drum, Supervisor Pell. This resolution was declared duly adopted. 29. On motion of Councilman Murphy, seconded by Councilman Drum, it was RESOLVED that the Town Board of the; Town of Southold hereby authorize) the transfer of $11, 700. 00 from General Fund Part Town Contingent Account to: B3120. 4 - Police, Contractual-----------------------$ 9, 500. 00 B3620. 4 - Building Inspect . , Contractual-----------$ 150. 00 B8010.4 - Zoning, Contractual------------------------$ 750. 00 B3120. 2 - Police, Equipment-------------------------$ 1, 300. 00 Total------ 11,,700:00 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 will ask the Councilmen if there is anything I left out or omitted? Larry, Hank, John, Frank? The floor is open to the public. Mrs . Oliva. MRS . RUTH OLIVA: On behalf of the North Fork Environment Council we would like to wish Councilman Drum well iri his retirement from public life into private life and to thank him for the time he has devoted to the Town. Also, I would like to wish you all a very happy holiday. Thank you. COUNCILMAN DRUM: Thank you very much. It has been my pleasure. SUPERVISOR PELL: Mr. Bear. . MR. FRANK BEAR: First I'd like to say I think that Councilman Nickles and Murphy. could get more feeling into the reading of those figures. The thing that I would really like to say is I think the fact that the Town Board approved that resolution for the North Fork Water Plan Study had ' a very good effect as far as the County Legislature is concerned. The County Legislature; as you know, passed it unanimously two weeks ago and I went there this morning and thanked them for doing so and. I think that ' s the first time they've ever been thanked for doing anything. They reacted in a very unusual manner. But I wanted to. thank the Town Board for their support on this very important thing and I also wish you all a happy Christmas and New Year . SUPERVISOR PELL: Thank you. COUNCILMAN DRUM: Thank you for being our emissary. - • .. n`.Y ...as DECEMBER 22 , 1981 477 COUNCILMAN NICKLES: Frank, I :he`a'r; you,.were very instrumental in swinging some key votes on the minority side. SUPERVISOR PELL: Anybody else? MR. HENRY LYTLE: Under resolutions, Item 12, about the transfer of the application of Dr. Lizewski. Did the Board take a position now when they transfer it? COUNCILMAN MURDOCK: Not as yet. We will have a public hearing on it . SUPERVISOR PELL: There will be a public hearing' held on that one after the recommendations come back. It has to go through the channels and then it will come back here and we will schedule. a public hearing. Anybody else wish to address the Board? If not, I will ask the Board at this time to recess. We have one item I know I want to discuss with the Board. We ran out of time. and it needs action today. COUNCILMAN NICKLES: I would like to wish everybody, my fellow .Board members and the Town Clerk, and. those faithful who come to our meetings, seasons greetings also and the best in the New York. But, also, I' d like to make mention that Councilman Drum is leaving as Ruth Oliva just pointed out and as we all know that serve , it is a privilege to serve the people of Southold Town. However, I think in addition to that, I found that the two years that I served with Henry Drum to be a privilege and I ' d also like to wish him the best after January 1st . If you do come to meetings, Henry, be quiet ! COUNCILMAN DRUM: Thank you, John. SUPERVISOR PELL: I believe that John speaks for 'the ent'ire' Board on that subject. We all wish him the best. It. has been four years since you and I ,came here and we' ve seen a few changes. COUNCILMAN DRUM: Local government is the best government . It is close to the people, and that ' s what ' s important . SUPERVISOR PELL: If I can ad lib for a minute before we do recess. We came up here, Hank and I, we wait for--John was here waiting for the Town Clerk to come and then John went , and we had to wait for Larry to come. We stood here and just thought for a minute and said, you know, four years has been changes made. We reflected on a few of them, the two of us, but we said one thing we didn ' t do, we wanted to get the tax bills out on December 1st. That we didn ' t do. But there were a few good days. COUNCILMAN DRUM: But we 're going to get them though. SUPERVISOR PELL: . Eventually. On motion of Supervisor Pell, . seconded by Councilman Drum, it was RESOLVED that this Town Board meeting standed recessed at 4: 15 P.M. , to reconvene following the Work Session. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. GRIEVANCE HEARING - 4: 30 P.M. - JULIA E. KING. WORK SESSION 4: 45 P.M. - Town Attorney Tasker explained proposed Resolution No, 30 concerning proposed 'appeal the denial of respondents cross motion for a summary judgment to the Appellate Division of the Supreme Court in the matter of Mattituck Presbyterian Church v The Board of Assessors of the Town of Southold. --Councilman Murphy expressed his opposition to such an appeal.--Councilman Nickles stated the law was very clear in this matter when it was brought in by the Tax Assessors and shown to the Town Board, and in his opinion the Town should appeal the decision. . Considerable discussion was held concerning. the proposed motion. 478 DECEMBER 22 , 1981 The Regular Meeting of the Southold Town Board reconvened at . 5: 05 P.M. 30. On motion of Councilman Drum, seconded by Councilman Nickles,. WHEREAS, an action is pending in the Supreme Court of the State of New York, in the matter of the application of Mattituck Presbyterian Church v. The Board of Assessors' of the Town of Southold, and, WHEREAS , petitioner, MATTITUCK PRESBYTERIAN CHURCH, moved for summary judgement and respondents, THE BOARD OF ASSESSORS OF THE TOWN' OF . SOUTHOLD, cross-moved for summary judgment d,ismissing. the Petition of the petitioner, and . WHEREAS, Hon. ARTHUR M. CROMARTY, Justice of the Supreme Court, granted the motion of petitioner for summary judgment and denied the cross motion of respondents for a dismissal of. the Petition on the ground that petitioner is organized for the "moral or mental improvement of men, women or children" as defined under Section 421 of the Real Property Tax Law, and WHEREAS,, respondents cross-moved for a dismissal of the Petition on the ground that, petitioner did not fall within any of the exemption activities as defined in Section 421 of the Real Property Tax Law, and WHEREAS, it is deemed advantageous and necessary for the respondents, BOARD OF ASSESSORS OF THE TOWN OF SOUTHOLD, to appeal the denial of respondents cross motion for a summary judgement to the Appellate Division of the Supreme Court, NOW, THEREFORE, BE IT RESOLVED that RICHARD J. CRON, ESQ. , as attorney, for respondents, BOARD OF ASSESSORS OF THE TOWN OF SOUTHOLD, be authorized to immediately appeal the granting of­summary judgment to petitioner and the denial of respondents'' cross motion for summary judgment to the Appellate Division 'of the Supreme Court, Second Depart- ment. Vote of the Town Board: Ayes : Councilman Murdock, Councilman Nickles, Councilman Drum. Noes: Cbuncilman Murphy, Supervisor Pell. This resolution was declared LOST. On motion. of Supervisor Pell, seconded by Councilmaif: Drum, it was . RESOLVED that there being no further business to ' come before this Town Board meeting adjournment be called at 5 :20*. P`.M.. Vote of the Town Board: Ayes: Councilman Murphy; .Co,uncil3nan Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Judith T. Terry Town Clerk