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HomeMy WebLinkAboutTB-04/10/1990378 SOUTHOLD TOWN BOARD APRIL 10. 1990 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. PennY IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Councilma,~--~ Thomas H. Wickham (9:30 A.M.), Town Attorney Harvey A. Arnoff (11:55 A.M.)i Assistant Town Attorney Matthew G. Kiernan, Superintendent of HighwaYs Raymon L.Jacobs, Town Clerk Judith T. Terry. 9:10 A.M. - Councilwoman Larsen reviewed the Recreation Department's 1990 Budcjet which appears to have certain shortages at the present time, but upon .analysis appears should work out well by the end of the year. She also discussed the Teen Nights and the poor attendance on Friday nights by the high school students. The Saturday nights for the junior high s.tudeots seems to be working out, but she will be changing the hours from 7:30 P.M. to 10:30 P.M. Efforts will be made, through contacts with the schools, to encourage a larger senior high attendance on Friday nighl~s. 9:30 A.M. - Shelly Scrocjcjin, owner of Scroggin's Natural Fixin's, a health food store in S0uthold, met with the Board to outline her proposal to use canvas or string bags when shopping, thereby eliminating the need for plastic or paper bags. Ms. Scroggin has a supply of canvas bags which she sells for $5.00 each, offering a 5% discount to shoppers who return to her store using the bag to carry home their merchandise. She has spoken to the Chamber of Commerce urging merchants to stock.these bags. The Board wholeheartedly supports the project and hopes other merchants will join in by stocking the bag which has the motto "Make Every Day Earth Day" on the side. 9:45 A.M. - For Discussion Items: (1) Possible resolution to make a decision on the Southold Villas, Inc. petition for a change of zone to Affordable Housing District in Southold. Since the public hearing was only held on March 27th the Town Boar'"-~ would like additional time to study the proposal. There is no deadline for making decision on a change of zone. (2) Proposed resolution to transmit Southold, Disadvantaged business Enterprise Program for Fishers Island-Elizabeth Field (see resolution no. 22). (3) Proposed resolution to authorize two Building Department personnel to attend a seminar (see resolution no. 23). (4) Proposed resolution to authorize location of a storage trailer (see resolution no. 24). (5) Proposed resolution to appoint two individuals to the Conservation Advisory Council - held for discussion during Executive Session at 2:50 P.M. (6) Appointment of a Youth Worker for the Friday and Saturday night teen dances. Following interviews of applicants, the Board is satisfied with the appointment of Linda Dunn on .March 27th. (7) Request from the 350th Committee to close Ydungs Avenue during a concert at the Town Green (see resolution no. 25). (8) Councilwoman Larsen requested a discussion on gravel removal on agricultural lands -- the Town Attorney will give his interpretation of the law on this subject. (9) Application of Richard and Sophia Greenfield for a further extention on their temporary house trailer permit (see resolution no. 26). (10) Discussion with , respect to a proposed letter to be sent by the Supervisor to individuals who are offering their property for' sale in the Special Groundwater Protection Area (see resolution no. 34). (11) Proposed resolution to advertise for bids for three fueling systems (see resolution no. 27). (12) Discussion with respect to County's proposal to cease transfer of County properties to the Towns for Affordable Housing (see resolution no. 28). (13) Proposal to authorize Assistant Commissioner of Public Works to attend a Solid Waste Conference (see resolution no. 29). (14) Councilman Wickham reported on the Solid Waste Management Task Force meetings and proposed yard waste composting program for leaves and brush to be located at the Landfill, Cutchogue~_~ (15) Supervisor Harris reported on a meeting he had with Commissioners of the Fishe~ Island Garbage & Refuse District, and their intention to dissolve the district b: December I, 1990. (16) Councilman Penny updated the Board on the progress toward completion of the Justice Court building. (17) The Board discussed the proposed Local Law to amending the Affordable Housing District regulations (see resolution no. 36). 1:15 P.M. Recess for lunch. 2:15 P.M. - Work Session reconvened and Board audited bills. APRIL 10, 1990 317 g EXECUTIVE SESSION 2:50 P.M. - On motion of Councilman Penny, seconded by Justice Edwards, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: All. The Town Board discussed litigation and negotiations for purchase of property for Town use. 4:15 P.M. - Town Board reviewed proposed resolutions for the 7:30 P.M. regular meeting. 4:30 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, April 10, 1990, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman. George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: Good evening everyone. Can I have an approval of the audit of the bills of April 10, 1990, please. Moved by Councilwoman Larsen, seconded by J:L~S'tice Edwards', it Was, RESOLVED that the following audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $39,469.33; General Fund, Part ToWn bills in the amount of $28,646.45; Nutrition Fund bills in the amount of $2,039.87; Adult Day Care bills in the amount of $10.50; Home Aide Program bills in the amount of $180.79; SNAP Program bills in the amount of $2,301.24; EISEP Program bills in the amount of $35.20; Highway Fund, Whole Town bills in the amount of $4,579.05; Highway Fund, Part Town bills in the amount of $7,266.84; Fuel Tanks and Police Building bills in the amount of $1,110.00; Employee Health Benefit Plan bills in the amount of $34,681.89; Fishers Island Ferry District bills in the amount of $17,719.45; West Creek Estates Road Improvement bills in the amount of $1,721.66; Southold Wastewater District bills in the amount of $622.69; Fishers Island Sewer District bills in the amount of $2,232.20; Southold Agency & Trust bills in the amount of $1.28; Fishers Island Ferry District Agency & Trust bills in the amount of $99.38; Employee Health Benefit Plan bills in the amount of $107.06. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: A motion to approve the minutes of the Town Board meeting of March 27, 19907 Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the minutes of the March 27, 1990, reqular Town Board meetinq be and here approved. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman La,sen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, I'd like to set the next meeting date for Tuesday, April 24, 1990, at 7:30 P.M. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the next regular meetinq of the Southold Town Board will be held at 7:30 P.M., Tuesday April 24, 1990, at the Southold Town Hall, Southold, New York. 3 8 i0 APRIL 1'0, 1990 Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, SuPervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to start the meeting off by entering into Earth Day celebration, which is April 22, 1990, and I'd like to read a resolution for the record proclaiming this day. Moved by Supervisor Harris, seconded by the Entire TOwn Board, WHEREAS, almost twenty years ago, more than twenty million Americans joined together on EARTH DAY in a demonstration of concern for the environment, and their collective action resulted in the passage of sweeping new laws to protect our air, water, and land; and WHEREAS, in the nineteen years since the first EARTH DAY, despite environmenta improvements, the environmental health of the planet is increasingly endangered, threatened by Global Climate Change, Ozone Depletion, Growing World Population, Tropical Deforestation, Ocean Pollution, Toxic Wastes, and Nuclear Waste requiring action by all sectors of society; and WHEREAS, EARTH DAY 1990 is a national and international call to action for all citizens to join in a global effort to save the planet; and WHEREAS,~ EARTH DAY 1990 activities and events will educate all citizens on the importance of acting in an environmentally sensitive fashion by recycling, conserving energy and water;' using efficient transportation, and adopting a more ecologically sound lifestyle, and WHEREAS, EARTH DAY 1990 activities and events will educate all citizens on the importance of buying and using only those products least harmful to the environment; and WHEREAS, EARTH DAY 1990 activities and events will educate all citizens on the importance of supporting the passage of legislation that will help protect the environment; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby de~iqnates and proclaims APRIL 22, 1990 as EARTH DAY 1990, and that that day be set aside for public activities promgting preservation of the global environment and launching the "Decade of the Environment". DATED: April 10, 1990. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, Ronnie, would you like to come forth, Ronnie Wacker from the North Fork Environmental Council? RONNIE WACKER: Unaccustom as I am to presenting public flags, or presenting flags in public, I forgot the flag. It's out in the car. I just ran out to get it. This is the flag that the Countyis now flying, it's at County Center in Haup- pauge and Riverhead, and we want to present to you, for the Town to fly on the front lawn until Earth Day, and this is being flown at the County park throughout Suffolk County for Earth. Day. We, also, want to invite you to come to Orient Point on the 22nd, when we'll have a walking tour of our newest County park, Orient Point, with Paul Stoutenburgh. On the 21st, we'll have a walking tour at the Robert Cushman Park in Riverhead. If you would fly this on the front lawn, Ray Jacobs said that you can fly it under the American flag with, you know, cord run down. I think it will meet all restrictions. I'll open it up, so you can see it. I wanted to present a statement that the North Fork Environmental Council considered effective of the environment in Southold Town. As of this 20th anniversary of Earth Day, when the whole County will turning it's attention to the effects of human activity on the environment. This is a good time, I think, to inspect the state of the environment in Southoid Town, what's good, what's bad, and what can be changed to become better. There's a lot that could. The first thing is that the Town is aware it's got problems. Recognition, I think, is everything. Development is overtaking our farms, causing water problems, traffic problems, contamination of our creeks, and loss of our shellfishing industry, and turning a beautiful rural area into an extension of suburbia. The Town Board has tried to contain these problems, however. It has upzoned land to two acres, established a farmland committee to help preserve our farms. We now have an Open Space Committee to buy all the land that's important ecologically. SuPervisor Scott Harris is dickering right now with the County to buy Fort Corchaug, important environmentally and historically for the Town. It will make a splendid 350th birthday present to ourselves. Our STOP Program to get people to drop off hazardous materials in a designated area is a leader in the State. Over the last seven years we've tried to comply with the State mandate to find alternate solutions to our solid waste disposal before other towns took the order seriously, and we now have a Solid Waste Management Task Force, that is studying all facts of the problem carefully in order to develop a comprehensive program for Southold. We have designated most of our creeks critical environmental areas to assure a hard look at any development proposed for them. The right to demand clustering of houses to make the best use of open space and to protect the core watershed area has been granted to the Planning Board. That's all good. Now, we come to the not so good. Three years ago, the Town COmpleted a ~_a,,~ter P!~,8.,~;!:~ ~,~ ~tated purpose to preserve and pr¢(ect it's rural and coaStal 'eh~ ronmen('~' I~;a'S'~ y~r the Z°~ing Ordinances and Zoning Map were prepared to carry out these objectives, only the/didn't. About they did was legalize the status quo. The Town now has no realistic long range plan. What will we look like in twenty years? Even ten year, at the rate we're growing7 There's been no attempt made to determine what the cumulative impact will be of the number of shopping centers, for instance, that have popped up. What will be the effect on small shops already in existence in nearby business districts. The saturation point of year round population is estimated at 42,000 persons. The present population is about 22,000. This doubles in the summer, when traffic problems on the Main Road make driving a hassle. What will traffic problems be like when all of the housing developments, now before the Planning Board, are built. Brecknock Hall, alone,will bring 350 units, an extra thousand persons figuring three people per each of the 350 units. Filing out of the Brecknock Hall project in their cars will impact Main Road mightily. What does all this add up to? It seems obvious that we need an environment plan. Someone who is not concerned with day to day office routine in the Planning Department, but can spend his or her time mapping the future of an area with consideration for the effects of growth on it's environment and economy. We have other problems that absorb our eyes as we drive around town. Developers are allowed to bulldoze beautiful grounds of every living thing on them, every bush, every tree, every blade of grass, leaving the land raw and ugly. Take a look behind Brecknock Hall, where an enormous crater has been gouged out. Look at what's proposed at Greenport Commons, narrowed down to the bare earth. Admire the moonscape accross from San Simeon Nursing Home from which a motel will arise. Check out the acreage in Mattituck along Main Road, that was to be the home of a construc- tion rental equipment company until it decided to locate elsewhere. In the meantime the land has been ruined, and left that way. Any Town ordinances, that permit this kind of rape and run are bad. We should have enforceable land clearing laws that would limit what a property owner can do with his land before final approval of the Planning Board. The old days of, a man can do what he wants with his property, even destroy it, are Over. We recognize that our interests are interconnected. No man lives alone. Another matter that deserves Town Board attention is the need to tighten up our freshwater wetlands regulations. They are far too permissive, allowing encroachment upon environmentally important areas. We ought atleast to match restrictions with every town, such as Southampton, and East Hampton. Now we come to the Problem of road runoff. Perhaps the singular worse pollutant of our creeks and bays. We should insist upon drainage for areas on the creeks, adequate enough to absorb five to six inches of rain, Which upon occasion we do get, like two weeks ago. Two inch drainage is not enough. We need to check old leaking cesspools and incorporate rebed, such as those at Mud Creek to filter out contaminants. The Town has tried, but it's efforts have not been enough to assure a healthy, economic and environmental future. We rate the Town an undistinquished fee, barely passing, if you recall school grades, but barely passing isn't good enough, because our future and that of our entire econony lies in our environment. Without our clean waters, and open space, we lose our biggest industry, tourism. We realize this present Town Board has in place only four months. We can't blame you for all of today's problems, but we are at a critical junction in the Town's development. We hope you will find it possible to tackle these problems while there is still time to turn things around. We' re counting on you. Thank you. SUPERVISOR HARRIS: Thank you, Ronnie. Would you come up. I'd like to present you with this proclamation. Before we proceed with the meeting, our Town Attorney, Harvey Arnoff, would like to make a statement to all you ladies and gentleman that are seated in the audience tonight. TOWN ATTORNEY ARNOFF: I've been requested by the Board to just make a brief statement, and that involves the ad, which I'm familar with. I'm not sure if there were others, but there's certainly one, it consists of about half a page in this last week's Traveler-Watchman. There is no heariug tonight on affordable housing. There is no public hearing. If any of you are here on that issue and wish to speak out on that issue, of course you're free to do so and that time of public comment at the conclusion of the meeting, when the Supervisor opens up the meeting for any comment on any subiect. But if you're here for a public hearing or what you believe to be a public continuation of a public hearing on Southold Villas, there is none tonight. I didn't want anyone here harboring under misconceptions as to what's going on here. I. REPORTS. 1. Building Inspectors Report for March, 1990. 2. Planning Board Report for March, 1990. 3. Town Clerk's Monthly Report for March, 1990. 4. Scavenger Waste' Treatment Facility Report for March, 1990. 5. Southold Town Dog Shelter Report for March, 1990. 6. 350th Committee Financial Report through March 31, 1990. 7. Report of Cablevision Subscriber Complaints for March, 1990. 8. Justice Tedeschi Court Report for March, 1990. 382 APRIL 10, 1990 9. Recreation Department Report for March, 10. Councilman's Report 11. Supervisor's Report 1990. II. PUBLIC NOTICES. I. Public Hearing, April 24, 1990 at Riverhead, April 30, 1990 at Hauppauge, Department of Consumer Affairs, County of Suffolk, regarding Local Law 18-1988, which establishes a Suffolk County Automotive Battery Refund Deposit and empowers the Commissioner of Consumer Affairs to promulgate rules and regulations for implementation of the provisions of the law, adopted in August, 1988, effective -~, in Suffolk County on July 1, 1990. ~ 2. Southold Town Srinq Clean-Up Week, April 23, 1990 through April 27, 1990. 3. U.S. Army Corps of Encjneers, New York District, application of Luis Portal to install a timber pier assembly and dredge with ten years maintenance, Jockey Creek, Shelter island Sound, Southold, New York. Written comments by April 31. 1990. 4. Waste Manaqement Task Force. Garbaqe Information Meeting, April 17, 1990, at the Senior/Youth Recreation Center, Peconic Lane, Peconic, N. Y. 5. U.S. Army Corps of Engineers, New York District, application of James P. Curren to place off-bottom clam racks in Little Peconic Bay, Southold, New York. Written comments by April 30, 1990. 6. U.S. Army Corps of Engineers, New York District, application of William Riley to construct a timber bulkhead and back fill at West Lake, Little Peconic Bay, Southold. 7. New York State Department of Environmental Conservation, regarding proposed Part 368 Regulations for RecyclinEt Emblems. Schedule for public comments: Public meetings 1 P.M. on Monday, April 30, 1990 at Quality Inn Meeting Room, 1-90 & Everett Road, Albany, New York. Public hearings at 1 P.M. and 7 P.M. on Tuesday, May 29, 1990, at Quality Inn Meeting Room, 1-90 & Everett Road, Albany, New York. Comment period officially closes on 4:00 P.M. June 1, 1990. 8. N.Y. State, Department of Environmental Conservation, Notice of Complete Application by Thomas E. Coffin, to install a float along existing timber bulkhead, and dredging an area adjacent to the bulkhead. Spoil must be disposed of on an approved upland site. Written comments by April 26, 1990. III. COMMUNICATIONS. IV. PUBLIC HEARINGS. None. 1. 8:00 P.M. on a proposed amendment to "Local law in Relation to Zoning". 2. 8:02 P.M. on a proposed amendment to "Local Law in Relation to Zoning". 3. 8:05 P.M on a proposed amendment to "Local Law in Relation to Zoning". 4. 8:07 P.M on a proposed amendment to "Local Law in Relation to Zoninq". 5. 8:10 P.M. on a proposed amendment to "Local Law in Relation to Boats~ Docks and Wharves. V. RESOLUTIONS. SUPERVISOR HARRIS: We'll go into resolutions, and then go into public hearings at 8:00 o'clock. 1.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the application of the First Baptist Church of Cutchogue for renewal of their single family house trailer used as the church parsonage, located on the north side of Middle Road (C.R. 48), Cutchogue, which permit expires on April 14, 1990, be and hereby is cjranted for a six (6) month period. 1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby cjrants permission to Supervisor Scott L. Harris and Principal Account Clerk John Cushman to attend a Suffolk County Comptroller's Association luncheon meetinq to be held on Friday, April 27, 1990, at 12:00 Noon at the Town of Brookhaven's Medford Complex, and the use of a Town vehicle and necessary luncheon expense shall be a legal charge against the Accounting & Finance Department's 1990 Budget. 2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Love Lane and Pike Street, east and west of Love Lane, Mattituck, ^..iL ,0. ,990 3 8 3 from 8:00 A.M. to 4:30 ?~.M.) Satu?da~-,:,.~'ly-14, 1990,:to permit the Mattituck Chamber of Commerce to hold their 13th Annual Street Fair, provided they secure and file with the Town Clerk a one million dollar certificate of liability insurance naming the Town of Southold as an additional insured. 3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an acjreement between the Suffolk County Department for the Ac~incj and the Town of Southold for the Brief Respite Procjram for the term of April 1, 1990 through December 31, 1990, at a cost not to exceed $6,000.00, all in accordance with the approval of Town Attorney Arnoff. 4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. -Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a lease extension acjreement between the Town and the County of Suffolk for the~approximately 500 square feet of office space in the Southold Town Hall ..used by the Suffolk County District Attorney's Office, for the term of January '1, 1990 through December 31, 1990, at the annual rent of $2,100.00, payable in equal monthly installments. 5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to Assistant Town Attorney Matthew G. Kiernan to attend a six-part comprehensive course on Municipal Law on April 26, 29, May 3, 10, 17, 24, 1990, from 6:30 P.M. to 9:30 P.M. at Touro Law School, 300 Nassau Road, Huntington, New York, and the use of a Town vehicle, and the $1;3§,00 registration fee shall be a legal charge against the Town Attorney's 1990 Budget. 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilwoman Lars~n, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Robert I. Scott, Jr. to attend a one-day Orientation Seminar on "Assessment Complaint Procedures", at Hauppauge, New York, on April 19,1990, and the use of a Town vehicle, and necessary expenses for registration and lunch shall be a legal charge against the Assessor's 1990 Budget. 7.-Vote of the Town Board: Ayes: Councilman Wickham, ~ouncilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase of $4.25 per hour and $4.50 per hour to $5.50 per hour for the salaries of the Community Services for the Elderly Home Aides, effective April 1, 1990. 8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budqet to provide for computer printer in Supervisor's Office: To: A1220.2 Supervisor, Equipment $ 1,500.00 From: A1420.1 Town Attorney, Personal Services $ 1,500.00 9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for applicants for the following summer employees: Lifeguards at $7.42 per hour, Beach Attendants at $5.85 per hour, and Water Safety Instructors at $8.00 per hour; said charge to be made to A7180.4, Beaches, Contractual Expenses. , 10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3 8 ^.R,. ,o. 199o 11.-Moved by Supervisor Harris, seconded by Councilwoman Olvia, WHEREAS, the Town of Southold has received a Synopsis of Commiss oner's Findings and Determination under the Eminent Domain Procedure Law, 'n the matter of the proposed acquisition by eminent domain of approximately 460 acres of tidal wetlands, situate at Orient, in the Town of Southold, Suffolk County, and identified as Long Beach Bay, Project E-TWL Suffolk 13 (formerly Q-TWL Suffolk 13) - 2nd hearing held November 16, 1989; and WHEREAS, the Commissioner of the New York State Department of Environmental Conservation, Thomas C. Jorling, has determined upon a consideration of the project and the hearing record that ParTcets 13.44 A,B & C are owned in fee by the Town of Southold and will be excluded from the appropriation provided the Town imposes~-' on these properties a perpetual dedication to open space preservation and conserva tion purposes, in a form acceptable to the Department of Environmental Conservatic no later than June 30, 1990; and WHEREAS, the Town Board desires to comply with the requirements of the DEC as set forth above, and desires to insure that the subject parcels not be acquired by the DEC through eminent domain, and further desires to insure that the subject parcels remain perpetually as open space; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to pr.epare the necessary proper covenants and restric- tions to accomplish a perpetual dedication of the Town's parcels to open space preservation and conservation, in a form acceptable to the DEC; and be it further RESOLVED that upon receiving approval from the DEC that said covenants and restrictions are acceptable, the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to file the covenants and restrictions with the Suffolk County Clerk no later than June 30, 1990, and provide proof of said filing to the DEC. 11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. COUNCILWOMAN LARSEN: I would just like to say, that the State offered us about $13,000 for this property, but it may be important in the long run, that ' the Town holds, on to the title of this land. COUNCILMAN PENNY: I would just like to say that, this whole thing is a complet~ abomination. It's a case where big brother from Albany is coming down and tellinc us that they can do something better than we can, and for the Town, which alrea~ has existing wetland ordinances, open space laws, open space restrictions, and multitude of restrictions to preserve this property, are now in fear of condemnation by the State, if we don't put it in a form, which they have yet to give us after a year or so of talk. They never told us what we have to do. This is just incredible. What's happening to these peoplein Orient, that are going to lose parcels of their property, I just find it's going to have a severe social impact on the community, and I read in here in their findings, that was public concern in the locality about the social aspect and effects of the project. However, no opposition to the Department's preservation goals was set forth during the public hearing or the public comment period. The people didn't come to the public hearing to speak out against the State of New York. They came out to speak for their own ownership of the property, and the stewardship, that their families have fostered on this property for the last 240 years in some cases. I just think this is a travesty, that we have to go through this, and I will vote yes. 12.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolutions No. 16 of September 6, 1988, and No. 2 of October 18, 1988 with respect to establishing the amount to be deposited with the Town in lieu of land for Park and Playground purposes by Henry Arbeeny, owner of a subdivision at Kenny's Road, Southold, whereas the Planning Board has advised the Town Board that the Arbeeny subdivision has changed from a major to a minor of three residential lots and one limited business lot, and the Planning Board does not require Park and Playground fees for minor subdivisions. 12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, we will go into the public hearings session on our agenda. We have five public hearings, tonight, whichwe~ll open up each one and then close each one, and then after that we will proceed back with our resolutions. APRIL 10, 1990 385 Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meetincj reconvened at 8:35 P.M. 13.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to transmit a letter to County Executive Hall~in and the Suffolk County Lecjislature stating the Town Board's unalterable opposition to proposed County Legislature Resoltuion No. 1216-1990, "Directing the Receivers of Taxes of the Town of Suffolk County to prepare tax bills which itemize certain taxes collected by the towns"; if adopted this legislation would increase the cost of generating the tax roll by approximately twenty-five thousand dollars, plus the cost of the changes in the format of the State ALRM System, all of which would be prohibitive for a Town the size of Southold. 13.-Vote of the Town Board: Ayes:. Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Wickham, seconded by Supervisor Harris, DECLARING THE TOWN OF SOUTHOLD LEAD AGENCY AND ISSUING A NEGATIVE DECLARATION FOR THE ESTABLISHMENT OF A SMALL SCALE YARD WASTE COMPOSTING OPERATION WHEREAS the Town of Southold proposes to establish a small scale project for yard waste composting operations for the purposes of reducing the amount of solid waste to be disposed at the Town's landfill, and to conserve and recover the Town's resources in an environmentally responsible manner; and WHEREAS New York State has established yard waste composting as an acceptable method of recycling and reuse of a portion of the municipal solid waste stream, and gives such activity a high priority in the New York State Solid Waste Manage- ment Plan; and WHEREAS Dvirka & Bartilucci, as the Town's Consulting Engineers has prepared an Engineering Report in accordance with the State's Part 360 regulations to develop and operate a yard waste composting operation on Town-owned land at the Town's landfill located on Middle Road; and WHEREAS the Town has determined that the proposed small scale yard waste corn- posting operations to be implemented at the proposed site is eligible for considera- tion under SEQRA as an unlisted action and would not involve a significant environmental impact; therefore be RESOLVED that the Town Board hereby declares itself to be LEAD AGENCY for purposes of SEQRA; and it is further RESOLVED that the Town Board hereby finds and determines, that the composting of yard waste generated in the Town at a portion of the property which includes the landfill, is an UNLISTED ACTION for SEQRA purposes; and be it further RESOLVED that based upon the Part 360 Engineering Report, and completed Environ- mental Assessment Form, the Town Board hereby finds that no siqnificant environ- mental impact will occur from the composting of the yard waste generated in the Town at the proposed site and adopts and issues a NEGATIVE DECLARATION of environmental impact for such activity and directs the issuance of the appropriate notice to that effect. 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to accept the bid of Thames Shipyard & Repair Co., New London, Connecticut, for drydocking the MV RACE POINT, as per its base bid of $9,850.00, plus $50.00 each for sacrificial anodes, and such supplemental work: Shaft removal (per shaft) $1,500.00; Crop and renew hull plating - $30.00 per hour, $.50 per pound material; Additional cost of bottom paint - $800.00, as may be found necessary or required by the U. S. Coast Guard when the vessel is on drydock, 15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. ! 3 8^..,L ,9o SUPERVISOR HARRIS: Number 16, to appoint a member to the Southold Town Farmland Committee, is out. 17.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase and application of 150,000 c~allons , more or less as may be needed, of Grades RC-? and MC-2 Asphalt Road Materials, delivered to the Town and applied. 17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Charles Corwin as a part-time Custodian for the Nutrition Center, effective April 11, 1990, ten (10) hours per week, at a salary of $7.00 per hour. 18.-V0te of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, ON March 27, 1990 there was presented to the Town Board of the Town of Southold a proposed Local Uaw entitled, "A Local Law in Relation to Zoning" (amending Section 100-13); and WHEREAS, said proposed Local Law was referred to the Southold Town Planning Board and the Suffolk County Department Planning for their recommendations' and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, April 24, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on said proposed Local law which reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter I00 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-13.B. is hereby amended to read as follows: -- DWELLING, ONE-:FAMILY -- A detached building containing one (I) dwelling unit only consisting of a minimum living area of 850 square feet. II. This Local Law shall take effect upon its filing with the Secretary of State. 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, WHEREAS, on March 27, 1990 there was presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning" (amending Section 100-191 (A); and WHEREAS, said proposed Local Law was referred to the Southold Town Planning Boards and the Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M. Tuesday, April 2q, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on said proposed Local Law which reads as follows, to wit: A Local law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I. Section 100-191 (A) is hereby amended to read as follows: Required Number Type of Use of Parking Spaces Marina 1 space per 4 dry racks, 1 space per 2 boats slips, moorings or dock space; plus 1 space per employee. II. This Local Law shall take effect upon its filing with the Secretary of State. COUNCILWOMAN LARSEN:. I'd just like to make a comment here. This is a procedure that we use on the Town Board whenever we enact a Local Law. First of all, a law comes to the Town Board from a committee, whether it's in this particular' case, it's the Legislative Committee, that looks at all the changes that we should make in our Zoning Code. It comes to the Town Board, at which time we determine whether it would have a positive or negative effect on the environment through the SEQRA process. If it has a negative effect, or positive effect, we make that determination at our first Town Board meeting. At this Town Board now, ~ve're setting the date for the public hearing, and we transmit a c:~ of the law to the Suffolk County Planning Department, and to our own Pla~r~9 Department, and it's published in the newspapers for public comment, g¥~, also, set a date for the public hearing, and you've heard from the last six Lc~t:~t Laws that we were at that point tonight. We were at the point of a public he~-[ng. We take the comments from the public, and then we act upon the law. S(~ what we're doing right now is setting the date for the public hearing, and making the public aware that we are entertaining a change in the Local Law. So ~[~ that explanation, I'd like to move this. 20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Peter Bubb as a Van Driver for the Nutrition Program, effective April 9, 1990, 20 hours per week, at a salary of $5.10 per hour. 21.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to transmit a copy of the Town of Southold's Disadvantaged Business Enterprise (DBE) Proqram for Fishers Island-Elizabeth Field; the Town Board has revised their present DBE Program, and has deter- 22. mined' that no significant revision is necessary at this time. -Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Principal Building Insl:)ector Victor Lessard and Senior Building Inspector Curtis Horton to attend a one-day Code Enforcement Seminar at Holtsville, New York, on Wednesday, April 18, 1990, and the $25.00 registration fee per person, and the use of a Town vehicle for travel, shall be a legal charge against the Building Department's 1990 Budget. 23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This re:solution was declared duly ADOPTED. 24.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the application of Joseph F. Barszczewski, Jr. for permission to locate a storage trailer on his property located on the south side of Kerwin Boulevard, Greenport, be and hereby is granted for a six (6) month period. 24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Justice Edwards, Supervisor Harris. Abstain:Councilman Penny. This resolution was declared duly ADOPTED. 25.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Youngs Avenue, Southold, between NYS Route 25 and Traveler Street, between the hours of 6:30 P.M. and 9:00 P.M. on Wednesday, July 18, 1990, for the 350th Anniversary Committee's sponsored Bay Chamber Players Concert on the Town Green (Silversmith's Corner). 25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We hope that everyone in the audience, and everyone watching will certainly attend this wonderful concert, that's being put on by the 350th Anniversary Committee. It's going to be a ~'onderful event, and we hope you will all attend. 26.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the application of Richard and Sophia Greenfield for renewal of their single family house trailer permit, for trailer located on their property at a private right-of-way off of C.R. 48, Peconic, which permit expired on April 7, 1990, be and hereby is granted for a six (6) month period. 26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for three fuelinc~ systems for the (1) Highway Department, (1) Landfill, and (1) Police Department. 27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southotd hereby authorizes and directs Supervisor Scott L. Harris to transmit a letter to the Suffolk County Legislature urging them to continue the 72-H transfer of County properties to Towns for affordable housing programs. 28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29 -Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Commissioner of Public Works James Bunchuck to attend a two-day conference on "Boston's Solid Waste Future and The First Annual Grass Roots Alliance for Solid-Waste Solutions Congress" on May 4 and 5, 1990, at the University of Massachusetts, Boston, Massachusetts, and the use of a Town vehicle for travel, and the necessary expenses for registration ($25.00), meals and lodging §hall be a legal charge against the 1990 Budget. 29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that 'the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an appraisal of the major subdivision Thornton Estates, Section I, at Mattituck, owned by Thornton Smith, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance ~ with Section A106-38E(3) from the Subdivision of Land, Code of the Town of Southold. 30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, ~ Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harnis. This resolution was declared duly ADOPTED. 31.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby approves the revised bond estimate for the Cedarfields maior subdivision, Greenport, of $430,690.00 (previous estimate was approved by the Town Board on November 14, 1989), all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 31.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $319,730.00 for a bond for roads and improvements in the major sub- division of The North Forty, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 33.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the reduction of the Chardonnay Woods major subdivision Letter of Credit from $442,685.00 to $350,000.00, all in accordance with the recommendation of the Southold Town Planning Board. 33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 34.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Super'- visor Scott L. Harris to send letters to property owners who are advertising their property for sale in the Special Groundwater Protection Area to determine their interest in selling their land to the Town of Southold or County of Suffolk for the preservation of open space. APRIL 10, 1990 34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 389 35.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no siqnificant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Zoning" (amendment to Chapter 100 (Zoning), Article V, Section 100-56(D) - Affordabl~ Housinc~ District. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. COUNCILMAN PENNY: I jUst want to tell everybody that's here tonight, that this regards eligibility criterion of applicants to the Town for the affordable housing program. 35.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva,: Councilmar~ Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 36.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning: (amending Chapter 100, Article V, Section 100-56(D) - Affordable Housing); now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the .Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: i. Chapter 100 (Zoning) of the Code of the Town of Southold as follows: 1. Article V, Section 100-56(D) (Affordable Housing District) is amended to read as follows: 'D. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots reserved for moderate income families, who have not had any ownership interest in any residence for the past 3 years,shall beallocated on a priority basis, in the following order: (1) To eligible applicants who have resided and have had primary full time employment of either spouse, if applicable, within the Town of Southold for the period of at least one year at the time of their application. (2) To eligible applicants who have either resided or have had primary full time employment of either spouse, if applicable, within the Town of Southold for a period of at least one year at time of their application. (3)To all other eligible applicants. II. This Local Law shall take effect upon its filing with the Secretary of State. 36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 37.-Moved by Councilwoman Olive, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the EISEP Program, April 1, 1989 to March 31, 1990 Budget, to provide for modifications to Suffolk County contract: To: Home Worker $ 4,000.00 From: Coordinator $ 1,072.00 Travel $ 1,000.00 Fringe $ 1,928.00 37.-Vote of the Town Beard: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 38.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew D. Sype, C.A.R., to conduct appraisals of two (2) Town- owned parcels at a total fee of $400.00: Parcel at the east side of the terminus of Sound Drive, Greenport, and the parcel at the north side of the intersection of Sound View Road and Ryder Lane, Orient. 3 9 0 ,o. 38. 39. -Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. -Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase and installation of an uninterruptable power supply solution to back up the electrica requirements of the Town Hall computer equipment. 39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 40.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the $outhold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect of the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation of Zoninq" (amend- ment of Chapter 100 {Zonincj), Section 284. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has con- cluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. 40.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 41 .-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Zoning" (amending Chapter 100, Section 284); now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Del~artment of Planning in accordance with the Code of the .... Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Article XXVIII, Section 100-284 (Certificate of Occupancy) is amended by changing the lettering of subsection "1" to subsection "H" and by deleting, in its entirety, sub-subsection (1)(e) of that subsection. II. This Local Law shall take effect upon its filing with the Secretary of State. COUNCILMAN PENNY: This corrects a typo, a deletion from the lettering in the section regarding vacant land C of O's. We did not include section I, and we failed to delete under E, the vacant land C of O fee of $20.00, and move F, G and each ahead respectively to fill in for that void. 41.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I would like to announce that Superintendent of Highways Ray Jacobs is having spring clean-up week, April 23rd through the 27th. This year there will be brush and leaves only. There will be no other materials taking, if you put them out, such as old lumber and so on, it will be left there dUe to ," the landfill depletion of space. I'm just making that announcement, so you'll remember to the 23rd through the 27th. At this time, the Town Board is going to move four of the public hearings held tonight. 42.-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 4 - 1990 was introduced at a meeting of this Board held on the 13th day of March, 1990; and WHEREAS, a public hearing was held thereon by this Board on the 10th day of April, 1990, at which time' all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 4-1990 be enacted as follows: APRIL 10, 1990 3 9 1 LOCAL LAW NO. 4 - 1990 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-262A is hereby amended to read as follows: A. An application for a special exception approval shall be on the form for same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, who shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete nor not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the aPplication down for a public hearing. The fee for a special exception shall be $150.00, as set forth in Section 100-274, II. This Local Law shall take effect upon its filing with the Secretary of State. 42.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman. Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 43.-Moved by Councilwoman Oliva/ seconded by Councilman Penny, WHEREAS, a proposed Local Law No. 5 - 1990 was introduced at a meeting of this Board held on the 27th day of February, 1990; and WHEREAS, a public hearing was held thereon by this Board on the 10th day of April, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 5 - 1990 be enacted as follows: LOCAL LAW NO. 5 - 1990 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-284 is hereby amended by deleting subsection (D) in its entirety and changing the letter of subsections (E), (F), (G) and (H) to (D), (E), (F) and (G) respectively. II. This Local Law shall take effect upon its filing with the Secretary of State. 43.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 44.-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 6 - 1990 was introduced at a meeting of this Board held on the 13th day of March, 1990; and WHEREAS, a public hearing was held thereon by this Board on the 10th day of April, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 6 - 1990 be enacted as follows: LOCAL LAW NO. 6 -1990 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-33 is hereby amended to read as follows: In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: II. This Local Law shall take effect upon its filing with the Secretary of State. COUNCILMAN WICKHAM: (tape change) I don't feel strongly about the pros and cons of the law, but it seems to me that there's no great urgency about this, and with a little bit more time, there's every reason to think we could reconcile the views of the Planning Board and the Town Board, and I would prefer to have done it that way, so I vote no. 44.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Counciman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham'. This resolution was declared duly ADOPTED. 45.-Moved by Justice Edwards, seconded by Supervisor Harris, WHEREAS, a proposed Local Law No. 7 - 1990 was introduced at a meeting of this Board held on the 27th day of March, 1990; and 3 i9 APRIL 10, 1990 WHEREAS, a public hearing was held thereon by this Board on the 10th day of April, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 7 - 1990 be enacted as follows: LOCAL LAW NO. 7 - 1990 A Local Law in Relation to Boats, Docks and Wharves BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold' is hereby amended as follows: 1. Section 32-39.2. is hereby amended to read as follows: Section 32-39.2. Anchoring and Mooring in West Harbor and Hay Ha rbor. A. All boats temporarily anchored in West Harbor and Hay Harbor at Fishers Island shall anchor in an area assigned by the Harbormaster or Bay Constable. (1) Anchoring shall not be permitted for a continuous period of more than three (3) days unless authorized by the Harbormaster or Bay Constable, which a~uthorization may only be granted for emergency situations. B. Permanent moorings in West Harbor and Hay Harbor at Fishers Island. I]. This Local Law shall take effect upon its filing with the Secretary of State. 45.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I would like to say, it's nice to see you all out tonight. I hope that this is a reoccurring situation, Town Board after Town Board meeting. It's nice to have all these chairs filled up, and see a lot of familar faces'areout. Councilwoman Larsen, before we go into the section, which you've all been waiting for patiently, to put your comment on the record in for or against the zone change for Southold Villas, would like to make a statement. COUNCILWOMAN LARSEN: I'd like to make a quick pitch for the Southold Town Recreation Center and the Youth Nights, that we've been holding. Every Friday and Saturday nights we have a DJ down at the Southold Town Recreation Center to play the latest hits, that are listened to by today's kids, and we also, have a fooze ball, pool tables. We have video games for the kids, and Friday night is available to all high school students from grades nine through twelve, and our hours are eight to eleven, and we'd love for you all to come down there. It's a $3.00 admission fee, and on Saturday night, we have the Rec Center open fo~ the sixth grade to the eighth grade. The hours for that will be 7:30 to 10:30, and the admission still is the same. We have soda, hot dogs, potato chips, etc. available. It's well chaperoned, and we hope to see a lot of the kids down there. Thank you, Scott. SUPERVISOR HARRIS: Thank you, Ellen. At this time, we will open it up to the ladies and gentlemen of the audience to speak to the Town Board on any subject, that you feel is important, or pertitent to the Town, and at this time, if you would address the Chair. State your name, please, and then you can proceed. I will start on my left. Is there anybody, that would like to address the Town Board on any subject? THOMAS COYNE: My name is Thomas Coyne. I have a house on the Main Road, right behind Southold Villas. My problem is, all you hear is young people and affordable housing. Nobody's against it. But when you add the 36 houses behind u~ Southold Villas paid $333,000 for 18 acres. They're going to sell to the young ~ people for$28,000.00 per lot. It comes to $540,000.00. So that money there extra' is going to pay for all his property, put on 18 townhouses, so the young people will be paying for his property. I don't think it's right. Thank you. SUPERVISOR HARRIS: Thank you. Anybody else on my left? ANDREAS MARKAKIS: My name is Mal;kakis from. Southold. Picking up where Mrs. Larsen talked on the entertainment subject. It's interesting to know we have a very nice center,, which is not fully used, and the appeal is appropos. It's interesting, also, to know and to note that we have a nice place for the seniors, where they get together, and they constructively use their time available. But we also have, I notice, many young people who gratuate from the high school in this area, and who are desperately in need of orientation in professional areas, work, and together also goes the entertainment. I don't know if we do have some way of providing even elementary entertainment for this class of adults, 3 9 3 young adults, who just came out of the high school, and before becoming seniors we are in the stage of being , but they still have needs for social intercourse, for entertainment. I just wonder if we have this kind of.. COUNCILWOMAN LARSEN: We discussed that. In fact, I just discussed that with the Recreation Director, and we have intermural basketbal , and things like that for the older classes. We have activities, that will service the younger people, the working people. But there's a rule in the Rec. Center, that you can't serve alcoholic beverages, so we decided that the people twenty to thirty- five age, it really wouldn't work as well. ANDREAS MARKAKIS: Perhaps they have to be educated to the non-alcoholic bar. SUPERVISOR HARRIS: Thank you, Mr. Markakis. Is there anybody else on my left? CYNTHIA HALSEY: l'm Cynthia Halsey at 50 Oaklawn Avenue, and everytime I come here, I think you're talking about zoning, and I'm talking about zoning, and I think it's the most important thing you do, and of course, obviously, since I live in the danger zone of the so called Southold Villas, I'd like to say something about that. They were talking about the money. Well, we all know about the savings and loan association and the bailout. We're all going to have to pay a special taxpayers' ghastly sum over the next thirty years, about that. Most of that trouble seems to me, to have come from bad real estate speculation. I 'think we're being asked to bail out a speculator. Speculators take risks. They don't know they are. They ought to know it. I don't think we should help them do it. I don't think we should foul up the water, which is just coming back. 1 don't think we should traffic hazards on our roads, or change them because they'd like to make a little money and run somewhere else to spoil it. I certainly don't want to see a lot of cars on the Main Road and higher school taxes, unless of course, you would like to preserve affordable housing by depreciating everybody's property.' by zero, and have a ghost town. I think you'd better not go on with this. Thank you. SUPERVISOR HARRIS: Thank you. While we're on the center, is there anybody that would like to speak from the center? ROBERT PRITCHARD: I'd like to. Bob Pritchard from the Main Road. I would like to speak on affordable housing, seeing as I live on the Main Road, and I'm going to be affected by it, as many other people will be. If it's good, I will be affected by it, and if it's bad, I will be affected by it, and the whole town will be affected by it. Now, they're putting it down to the other end of town on to West Main, where traffic is heavy and the road is old, and it doesn't hold the traffic that's there in the summer right now. You're going to dump more traffic into this road by putting that development up in that area, which is one bad thing to do. If you're going to put it through Tuckers, you got three roads coming in at the same junction. Bad traffic. Bad accident place, also. Not only that, you have a creek. The creek is at the head of that property. Now, I don't know if you have gone down there to look at that property, but the water level is high there. There are reeds at the other side of that property, right off of Tuckers Lane. Now, the water will be contaminated, common sensewise by anything that is put into that ground, A large volume of sewage is going to flow into that water, out the creek and into any well that is in those areas. Now, you say, okay, we can put in plant to take care of that, but what are you going to do with the waste? Now, another thing, you're going to say, okay, we'll put in a water plant, We'll take care of the water situation. Greenport water. Wonderful water. They tell you any child two years or younger, don't drink the water. It's no good for you. If you're pregnant young women, don't drink the water. It's no good for you. I said, okay, we'll put out another plant there. Now, you're going to pull all this water, a lot of gallonage out of the ground. What are you going to do? You're going to create a vast void of water within that area, and you're going have salt water intrusion. That's one of the things. So you're going to have a problem there. Now, another thing is garbage. Density. We have Earth Day coming up. We're talking about a liner. You're adding more to the situation. You're going to put a high density into there, of population into there. You're going to increase the garbage, double it, God knows by how many tons, and it's crazy what these people are trying to propose. The only one who's going to make out on it is the people that own the property, like this person just said. They're going to walk away. They're going to jingle their pockets with a big smile and dance out of town, and we will be stuck with what's left. The young people can not afford these houses. This town does not pay that much money to the young working people. $6.00 an hour. $7.00 an hour. They can afford this? Come on. No way are they going to be able to afford this. Who's going to pick up this money? I understand there's a rumor going around, that the people that's going to take care of all of this money, and make all this profit. They're going to put it into a fund for these young people, and I'm going to say, yeah, you can take it and use it the way you want, because we don't want it, and if you believe that, I'll tell you another one. SUPERVISOR HARRIS : Thank you, Mr. Pritchard. the center? Yes? Is there anybody else in JOHANNA NORTHAM: Good evening. My name is Johanna Northam and I'm representing the North Fork Environmental Council. The North Fork Env~ronment~ Council fully supports affordable housing, but this is big step. In relation to a request for a zoning change, there are three considerations. First one, will downzoning set a precedent in the Town of Southold? The neighbors, who have already expressed an interest in the developing of affordable housing within that area. Has a survey been done of the people in need of affordable housing? And, thirdly, has the environmental impact of this project been taken into consideration? Thank you. SUPERVISOR HARRIS: Is there anybody else in the center, that would like to speak on any topic this evening? RUSSELL MANN: My name is,Russell Mann. I live on the Main Road in Southold. Thank you for hearing us tonight. I want to go on record as being opposed to the proposed downzoning of the 18 acres known as Southold Villas. I've stated these reasons in the newspaper, but I think I might touch on them again. This has already been mentioned, of course there's going to be a sewage runoff into Jockey Creek. We're going to overtax our water supply, which we all know is very much overburdened, as Bob Pritchard just mentioned. The traffic problem. I received a letter today from an attorney, one of my neighbors, I don't mean an immediate neighbor, a Main Road neighbor, and this party wanted to have a curb cutter, a new driveway on his lot on the Main Road near South Harbor Lane, and the Planning Board said no, he couldn't have the curb cutter or the new driveway because it would introduce additional new traffic on 'to quote, an already heavily trafficked highway. So if Southold Villas has 36 dwelling units on 18 acres with one 50 foot access to the Main Road for both ingoing and out- going traffic, you will certainly be introducing a lot more traffic to an already heavy trafficked highway, and create a real traffic problem. We all know that when population density increases, and school population increases, our .taxes go up. There's not doubt that this will result in higher taxes for all of us. We've all hoped for, and looked to have open space, and I remember five or six years ago, when the two acre zoning business came up, this hall was packed with the people up and down the hallway. You couldn't get in.. We voted and got two acre zoning. We would now be downgrading that two acre zoning to half acre zoning, and destroy all this open concept, that we thought so much about, and hoped to preserve for a long, long time to come. Needless to say, the neighboring property values would be depressed, including mine, which 1 object to, but it would also ~mpact a lot of other people up and down 3ockey Creek, and both sides of the Main Road, and Ackerly Pond Road, and so forth. I object to the present affordable housing law the way it's written. It allows the developer to sell lots without producing any dwelling units. There may be some plus to that, but it seems to me that the developer ought to be required to product some kind of dwelling units at a reasonable price, and it's not so the way the law is now written, it also, allows the owner of the land, to sell the land after six years without restrictions. In other words, if he has it for six years, it may be seven years, I think it's six years, he can sell it off for a healthy gain, which is 'n effect, a relatively short term investment with virtually no risk, and a substantial gain at the end of the road. We need a revised affordable housing law and a comprehensive plan to produce affordable housing to the extent of the projected need. I don't know that we've done such a program. We don't know how many we need, and we don't know how many of these various applications for affordable housing districts, how many they're going to produce. I think they ought to be matched up a little bit. ¥¥e know we can't project exactly how many units we need, so we can come up with some kind of reasonable estimate. So, I was also going to say here, revise the eligibility, I was glad to hear that, I understand correctly now, an applicant must have one full year full time employment, and .or one full time employment and/or one full year full time residence. Is that correct? That's an improvement over what we had here, after I said it at the meeting Monday, it was a little confusing. Thank you very much. I would like to say, that there was confusion about the matter of whether or not this was a public hearing. I understood at , the last meeting, that the matter would be taken up again at this meeting, and tableau thought the same thing, because that's what they put in the newspapers. So I apoligize to anybody that thought we would per se, public hearing, but we had a chance to say it anyway. Thank you very much. A..,. 10. I, 0 3 9 5 JOEY VERWAYEN: My name is Joey Verweyen, and I have a house on the right- of-way, one side is a right-of-way' opposite Jane Franke, where Southold Villas will be. I pressume everyone knows about the traffic problem, that we have there now. If anybody wants to come stay with me durinq the summer, and just see what kind of drag strip, that 9oes on there now, and-how you can not back out of your driveway, or 9et back into your driveway. It's really horrendous. Why anyone would think of putting so many houses behind me, and not only Southold Villas, I think we should all think of the overall problem. We're not talking about Southold Villas. We're talkinq about a lawyer for a big development corporation, that stood up at the property-next to it, which I believe is 28 acres. Dave Mudd stood and said, count me in, if it is downzoned. I think we should all think of what's goin9 to happen if there are fifty, sixty, seventy houses. Why should individual developers own this? Why shouldn't the Town have more control? Why doesn't the Town Board allot land sporadically? Why does everybody have to be miserable together? Why can't you give people a little space? Why don't you give young people a chance, if you really want to do them a favor? I really don't think you're trying to do them a favor. I think everybody is laughing at us, because I think somebodies slipping something in somebody's coffee. Every- body here is for affordable housing, and everybody right away 9oes, oh, yeah, that's great. If we're 9oing to do something for the young people, nobody has done a thing yet. I am one of the ones that went around with the petition. I'm also, one of the ones that handed out the flyers at the post office today. I met a couple of young peoole, who said, guess what, Joey, I have a house, but they refused to build a road, so we can get electricity into the house. Everybody is blaming everybody else, and there's so much red tape. That's just one problem. People have talked to me about ridiculous things. I mean, we're adults, and we can't figure out how to 9et just housing for youn9 people. It just doesn't make sense to me. Why do you have to give this to strangers? That, also is the buzz word, affordable housing. That's the way to make money today, and I think everyone up on the Board knows it, and I know that you're all desperate to help, but you're not doing a damn bit of good with what you're doing. I'm not saying this, because I live right there on the road. I, also, want to say that, I don't know if everybody knows it, but between Tuckers Lane and Ackerly Pond Road, there are just on the side of Southold Villas, nine historical houses. My house was built in 1656. The house next door was built in 1653. Jane Franke's house was built in 1776. I could go on and on. Why would you ruin that one area? I didn't even bother to count accross the street on the historical map. It doesn't make sense, why you would ruin a whole area. As of right now, and I don't know where any of you live, and I guess right now, I really don't care, but every couple weeks we have a main water break-. We have no water. Our water is also brown. Sometimes you see me in all brown, because we have no choice, and then you want to put dozens and dozens of houses, and you say that you're going to help the young people. I'd like to know how many young people, there are couples here tonight, that came, because they're really disgusted. How many young people can actually afford $28,000.00 for a quarter acre lot? A quarter acre. I can spit that far. Then I was told by Mr. Sadmeyer, who owns Southold Villages, oh, Joey, he said, then it will cost them $100,000.00 to build a house. That's $130,000.00. He told me that. That's affordable housing? Oh boy, I think we're wrong, and also, Jockey Creek. Jockey Creek, I hear from people there, is a mess now. Can you possible imagine what goin9 to happen to Jockey Creek? There's going to be a mess there. I think it's a shame. I think the Town should do something, and do something where they have a really, an excellent hold on it. You should own the property. The Town, we should own the property, and do something for the youn9 people. Thank you. SUPERVISOR HARRIS: Thank you. DOROTHY PHILLIPS: My name is Dorothy Phillips. I was intriquedby her state- ment about water. As you said, we have no choice. We have Greenport water. OnHo~.,'s Neck, where I live, there's a new development planned, 13ayview Woods, and the developer has graciously decided that we are going to have water down Hog's Neck. It's going to Greenport water, and it's going to come down. It's going to join with a system, that was put in between Cove, Cove Motel, and the planned development called Angel Shores. This is intriquing to me, because this essentially the beginning of a public water system, and it is the Greenport water system, but the people who live in Hog~,!sNeck, if they do think about it, they tell about the existence of the They are aware, that a developer is (~oing to decide for them, what eventually is going to be the water system on Hog'sNeck. There is an alternative, Suffolk County Water, and those people, I think, have a right to be involved in whatever public water system comes down into Hog'sNeck. I think that it is our right to investigate, find out what's possible, and if it's available to get a different water system than Greenport. Mr. Salisburg has a perfect right to develop his land. Bayview Woods has no water, and he's providing water, Greenport water, that's his plan. I feel that the rest of us in Hog's Neck have a right to be involved in process of deciding what is going to happen down there. Also, I would like to make a comment, 3 9'6 APRIL 10, 1990 if I may, on the Recreation Center. It's a wonderful Recreation Center, if you keep it from falling down on top of us. I have been going to that Recreation Center for an exercise class, and the door was broken all last winter, and we had a very primitive method of keeping open. We iammed a lever underneath the door, so it would stay shut. Meanwhile around the outside of the door, rot is creeping up from the bottom, and is also, creeping accross the top. Doing exercises, flat on back, I would look up and see the collection of bu9s inside the ights. Not only three years, because I've been away for quite a few, before when I was there, five years ago, they were still the same bugs. Evidently, the custodian was ill, and not wanting to disturb his security, job security, some things were overlooked, and also, if you look down the distance from one end of the room to the other, you see crooked blinds, lots of furniture, left overs from the 60's perhaps. It's not a pleasant looking place. It's a terrible building to start with. They're forever rebuilding it. I would suggest just a little ~nain- tenance. SUPERVISOR HARRIS: Mrs. Phillips? We have a rigorous maintenance schedule, that has been put in place for all the Town buildings in the Town of Southold, and the light fixtures, the florescent fixtures in the Rec. Center are going to be replaced. There's going to be a $3,500.00 new installation of a door placed in the Rec. Center. So I just though I would enlighten you, that the changes are coming, and we're working on those as quickly as possible. ROBERT PRITCHARD: I would just like to make a comment on what was just said on Suffolk County Water Authority. I would most hardi y say, I would not like to get involved with the Suffolk County Water Authority, from what we know in the past from what's happened up west. I don't think it's to our advantage. I'd rather have our town supply the water, or do whatever is possible, than get involved with Suffolk Water Authority. SUPERVISOR HARRIS: Mr. Prichard, to answer your question, and to answer Mrs. Phillips question, the Suffolk County Water Authority has boundaries or restrictions on where it can run, or put in a water system. Based on the franchises that exist in Southold Town, Greenport Water System franchise runs from Shipyard Lane in East Marion west to Peconic Lane. That is their franchise area. Suffolk County Water Authority can not infringe upon that franchised area. They can either go east of Shipyard Lane, running from East Marion out to Orient, or west, obviously, from Peconic Lane all the way up to Laurel. Unfortunately, they're not allowed to go in between in that area. DOROTHY PHILLIPS: May I make a comment on that? Being a bit of a nudge, I went down into the Town Hall, I don't know if they let me in now or not, I think you have a new rule, but I did look up the franchise on the Greenport WaTer System. I found several documents on that, and I discussed it with a lawyer, and according to him, according to this friend of m~ne, who's a member of our association on Calves Neck, this is a breakabe franchise. I, also, talked about it with various people. I'm not entirely sure, that that franchise is not breakable, and if a group of people wanted to approach Suffolk County. The Sufffolk County Water Authority, at the moment, is an alternative, and when I was speaking about this, I was only thinking about the subject of choice. The fact I wanted to keep one project, and have the opportunity to say something about where the water will be, instead of having some developer ramming it down my throat, and that's exactly the point l'm making. I think I made it. SUPERVISOR HARRIS: You did. Thank you. Harvey, maybe you could look into what Mrs. Phillips said. Is there anybody else, who would like to speak? JOAN MANN: I'm Joan Mann, and the Board has heard my thoughts and feelings before, so I won't repeat them, because I agree with everything that has been said before, tonight and at other times. I would like to present you with a petition signed by many people who are against the downzoning, that you present. If I may, too, we have a lot of people who are here, who are against the down- zoning, and can not get up and speak. Could they stand Lip, anybody who is against downzoning? Thank you, very much. I appreciate that. SUPERVISOR HARRIS: Is'there anybody else, who would like to address the Town Board on any topic? Yes? JUNE GIULIANI: My name is June Giuliani. I, also, live on the Main Road, and just want to say, a few years back, I purchased my house. It is right across the street, where the vacant lot, so to speak, is now. I, also, have Greenport water. I, also, fight the traffic in the summer. My biggest concern, which is what drew me here two or three years ago, eight years ago I lived in Mattituck, but anyway, I wanted to get out of the western end of Long Isla'nd, and if you're going to make it a half acre zoning, you're making it another western end of AP., ,0. ,9 0 3 9 7 Long Island. I came here because of the zoning, and it's a shame that I purchased my house when it was a buyer's market, excuse me a seller's market. I am paying atrocious mortgage, but that's okay. I, too am young, and paying all this, but if it comes down to that my house is not going to be appraised at a lesser value, because of what's going On,l'mlosing along with everybody else around that area, and I really don't think it's fair, and I've never done this before, and I'm going to sit down right now. SUPERVISOR HARRIS : Is there anybody else, that would like to speak at this time? Yes. Would you come forward, p~lease, and state your name for the record, please. CHARLES ZAHRA: Charles Zahra from Mattituck. Scott, I hope everyone s finished speaking on Southold Villas. Do you want to check first? SUPERVISOR HARRIS: Is there anybody else, who would like to speak on behalf of that topic? Hearing none, Charlie, would you proceed. CHARLES ZAHRA: I'd just like to go over a couple of items with regard to our meeting of 3/27/90, Town Board meeting. I'll make it brief, as possible. It's been a long evening. I want to clear up some misconceptions, and go over a couple of items, that we spoke about, one of which is something I read in the paper, Suffolk Times. There was a comment from Ellen Larsen. It says, what was all that about, referring to the meeting? I asked at the last meeting, if the Board wanted to respond. Ellen, if you didn't know what I was talking about, you're more than welcome to ask me, and I've prepared some material tonight, to hand out to the Board, so you can review it. It includes the material I've said to you people in the past, over the past approximately two and a half years. The only thing that will be new will be the minutes of the meeting of August of 89, which you may or may have not viewed. I know you heard it. You were there. You were present. TOWN ATTORNEY ARNOFF: Mr. Zahra, I'd would just like to say something for one moment. CHARLES ZAHRA: Excuse me, I'd like to say something. Scott, I don't want to get into a debate with the Town Attorney. This is not a court of law. This .is a Town Board meeting. Okay? I'll ask a question. If you can't answer it, I'd just appreciate you saying, I can't answer it, or I'll answer it at a later date, and I'll be more than willing to wait for an answer from the Board. But t don't want to get into a debate with the Town Attorney. SUPERVISOR HARRIS: Mr. Zahra, I will obviously let you precede on the track that you're on, however I will refer this to the Town Attorney, being that we are in litigation with you, and anything that he deems to be answerable, will be answered through our Town Attorney. CHARLES ZAHRA: ScOtt, you're not in litigation with me on this matter. Okay? SUPERVISOR HARRIS: I don't know what the matter is, you're referring to. CHARLES ZAHRA: I wilt say again. I'm going to talk on the items we spoke about, at the last Board meeting, 3/27/90. Do you recall the last Board meeting? That's what I'm going to speak about. Okay? Thank you. TOWN ATTORNEY ARNOFF: Mr. Zahra, before you continue, this is a public forum, and I think as a Town Attorney, I think I'm certainly entitled to make a statement at this point, and I will precede. If you choose to talk over me, then that is your right as well. I just would like you to be reminded of Will Rogers, and what he had say about what he heard, and what he read, and not neccesarily all that appears in the press is an accurate representation of what transpires here, or comments made by individual Board members. Should you wish to inquire in writing as to comments made by the Board, feel free to do so. We will take it under advisement, and you will receive an appropriate response, if warranted. CHARLES ZAHRA: Scott, I am not afforded the same luxuries, as the Town Board, having the endless staff, secretaries to write letters. I have to do it myself. I'm a one man army, So that's why I prefer to do it before the Town Board. More importantly, I want the public to share in my constant problems with the Town Board in receiving answers and letters. I've tries letters. I've watched Councilpeople come and go. I've seen Supervisors change. I've seen Town Attorneys come and go. I've seen Assistant Town Attorneys come and go. Each one tells me a different thing. I write letters. I get no response. This seems to be my last resort. You have to realize, we the people do not have the same bond of'the law, as the Town Board has, to rectify matters such as I'm putting before you now. That's why it's taken me so long. So you have to understand and share my frustrations, and give me a little slack, I have no other means, l'm doing the best I can. Anyway, the material in front of you, that's what it's all about. Okay? That's what it's been about. That's what it is about, and until it's resolved I'm going to continue to come up here. Now, I just want to go over a couple of comments, that were made at the last meeting, and then I'll be out of your hair. Mr. Arnoff made a comment, that did not answer for what Mr. Murphy has choosen to do between the months of October and January, He, also, said in another paragraph to go back to Mr. Murphy, this time to answer your question what he did or didn't do, is a waste of time. Well, again, as I stated earlier, it's about what was going on then, and what is going on now. Number one. Number two, to put the blame entirely on Mr. Murphy, I think is wrong. The majority of this Boai'd was on board during his tenure. Okay? It takes a majority vote to get things done. Am I right or wrong? Mr. Murphy is one vote, so I'm not blaming Mr. Murphy. Okay? The responsibility lies with the majority of the Board. Okay? COUNCILWOMAN LARSEN: Charlie, I'd just like to comment. I know exactly why you're here. My comment was, what is your point? And if it was taken out of content (tape change) understand what you're here for, and i stil don't know what your point is. CHARLES ZAHRA: I appreciate your explanation. Unfortunately the Board has tried to achieve to me over the past two years. You people will not speak to me, at all. Not once have you come forth, to ask me, what is the problem? Al I hear is, we're in litigation. Of course not, things are going to get done. Each time a new attorney comes on board, we have to start all over again, which brings us to where we are now, on the other matter we won't speak about. Now, with regards to my question, that I placed to George Penny last week, as to what took place with the minutes of August 8, 1988, Southold Board work session. I didn't mean to, and I think I said that, to direct that to you, George. I meant to direct it to the entire Board, more importantly to the majority, who were present at that time. Okay? Now, I would still like an answer on it. You don't have to answer me tonight. I am asking the entire Board, but I would ike an answer as to what took place, and what was done, if anything at all. You have the material in front of you. Take your time to look at it, and we'll be in touch. That's basically all I have to say. Thank you very much. SUPERVISOR HARRIS: Thank you, Charlie. Is there anybody else, that would like to speak on any subject? RICHARD CAGGIANO: Good evening. Richard Caggiano. Nothing as important or as entertaining, as happened tonight. I just have a comment about garbage. I've read in the papers, that our Assemblyman, Joe Sawicki, and our Senator, Ken LaValle, have put legislation up in Albany, requesting, among other things, an extension of the landfill law three years down the line, I believe to 1993. It's seems to me, that if they have done that, ~r Town Board should support that concept, and do that throught a.formal resolutions of the Town Board, so that the people up n Albany, are aware of that, this Town Board supports the action of the representatives of this town, and it seems to me a prudent thing to do, and I would urge that the Town Board do that, as quickly as possible. Thank you. SUPERVISOR HARRIS: ~Thank you, Rich. Is there anyone else, who would like to speak? (No response.) I appreciate everyone coming out tonight, and one last message before we close, on April 17th, next Tuesday, that's one week from tonight, we have an information meeting, which is going Lo sponsored by the Solid Waste Task Force, and it will be at the Peconic Recreation Building, at 7:30 P.M. Thank you. COUNCILWOMAN LARSEN: would just like to take this opportunity to wish the Town Board members, and everyone in the Town of Southold a Happy Easter. Thank you. SUPERVISOR HARRIS: A 'Happy Easter to everyone, also. and a motion to close, please. Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:45 P.M. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Ter~_,~ Southold Town Clerk