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HomeMy WebLinkAboutTB-05/23/1989366 SOUTHOLD TOWN BOARD MAY 23, 1989 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilwoman Jean W. Cochran, Councilman George L. Penny IV', Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Attorney James A. Schondebare, Town Clerk Judith T. Terry. 9:00 A.M. - For Discussion Items: (1) Application of Gary Williams to place a camper or mobile home on the property of his grandmother, Main Road, Southold (see meeting with Mr. Williams at 2:30 P.M.). (2) Discussed charges by E&A Environmental Con- sultants with respect to Southold Solidi Waste Composting Program (see resolution no. 18). (3) Letters from John B. Tuthill and Diana Latham, Orient, requesting the Town to continue scenic easements on their properties not being acquired by the DEC. Town Attorney Schondebare will prepare the easements. (4) Request from The Fishers Island Civic Association, Inc. to employ part-time help who would assist Justice Edwards and the Civic Association on Fishers Island. Justice Edwards wishes to obtain further in- formation and will discuss further at the next Board meeting. (5) Letter from G.C.G. Risk Management, Inc. regarding health claim checks (see resolution no. 21). (6) Letter from the Southold Historical Society requesting that landfill fee for their organ- ization be waived. Supervisor will respond, advising, that the Town is unable to waive fees. (7) Receipt of information from GLT/Berntsen, South Windsor, 'Connecticut, offering preventive maintenance for the standby generator system at the Fishers Island Sewer District (Justice Edwards will discuss this matter with A.J.Gada who has been servicing the system, and report back to the Board). (8) Discussion with Principal Building Inspector.-Lessard, about the bids received for the proposed Justice Court building. Mr. Lessard concluded that A to Z Equipment Corp., the lowest bidder at $99,760.00, seemed to be equal to the other two bids (Loduca Associates Inc. at $103,369.00, and Arthur Industries Inc. at $163,624.00). Councilman Penny and Mr. Lessard will review the bid in detail, and discuss any legalities with Town Attorney -- Schodnebare. (9) Discussed whetl~er to reappoint all members to the Conservation Advisory'., Council. All Board members agreed to the appointments (see resolution no. 23) and will invite John Hozapfei to the meeting with the B_oa_rd to_ discuss the chair- person's position. (10) Letter from John A. Doht concerning a notice from the Build- ing Department that they were changing the name of his road from Summit Road to Summit Drive. This has also occured by Lake Drive to Lake Avenue, and Oakwood Drive to Oakwood Court. Since Building Department cannot change road names, the Supervisor will obtain a .list of the suggested changes from Victor Lessard for discussion at the next Board meeting. (11) Letter from the NYS-DEC concerning the Fishers Island Mosquito control program. Supervisor will invite John Thatcher, Co-Chairman of the Mosquito Program, to meet with the Board on June,6th. (12) Supervisor Murphy advised the Board that he has been informed by the County that they are willing to offer two million dollars, if the Town will join in with an offer of one million dollars, for the purchase of the approximately I04 acres of undeveloped vacant land currently owned by William J. Baxter. The Town could purchase the fee title with their one million, and the county's two million would be for the farmland development rights. Councilman Penny, Justice Edwards and Councilwoman Larsen were in favor of the,p_roposal; Supervisor Murphy, Councilwoman Cochran, and Councilwoman Oliva opposed (see Specia[ Town Board Meeting, May 24, 1989, for resolution approving). 9:30 A.M. - Mr. Gary Rutter, Mattituck, met with the Boa~'d to request a six month extension on his trailer permit to allow him sufficient time to obtain a building permit and construction loan, at which time he would have the money to remove the trailer from his property, and build a new home. Board agreed to the six month extension from the March 21st expiration date to September 21, 1989 (see resolution no. 2t). -- 10:00 A.M. - Grievance Hearing - Victor Lessard - concerning appointment as Principal Building Inspector and salary for same. 10:25 A.M. - William Lieblein and Merlon Wiggin met with the Board and Planner Valerie Scopaz to discuss Mr. Lieblein's application to the Planning Board for the Port of Egypt Marine boat storage building. Mr. Lieblein & 'Mr. Wiggin reviewed the reconstructed chronological order of the events from November 20, 1987 to date for the proposed project. It was Mr. Wiggin's contention that when the Long Environmental Assessment Form was submitted to the Planning Board along with the revised Site Plan that was considered the application (May 10, 1988). However, it was ultimately determined, after a complete review of the chronological order of events, that a formal application and filing fee was never submitted (chronological list on file in the Town Clerk's 0 ffi ce). 11:30 A.M. - William Peters, member of the Landmark Preservation Commission, met with the Board to review the Commissionfs current projects. (1) Landmark residences i-n business areas and the lack of affordable housing. Solution: relocate Landmark houses to Town furnished building lots. They are currently working on moving the "Honeymoon Cottage" in Cutchogue to a privately owned parcel of land. (2) SPLIA' survey was completed in 1988. The survey has been photocopied, put in folders and are on file in various Town offices. ReCOmmendation: put the information in the data bank of the Town's computer. Mr.:l~eters estimates this would take about 400 hours, and he would be willing to write a computer program for the project. (3) The upcoming publication "Houses of Southold Town - The First 350 Years": The is a $3,000 grant from NYS-COTA for writing, art, and photograph. They have applied for a grant from NYS'OPR&HP for pUblication in time for the 350th Anniversary of Southold Town. (4) 16th Annual Statewide Preservastion COnference (NYS-COTA) was held on April 28 and ~9 at Port- Jefferson. He noted that Huntington has 190,000 residences, 1200 on the SPLIA survey, and ~150 Landmark houses. Southold Town has 18,500 residences, 800 on the SPLIA survey, and 37 Landmark houses. 12:55 P.M. -Recess for lunch. 1:30 P.M. - Board audited outstanding vouchers. 2:00 P.M. - Board reviewed proposed resolutions for the Regular: Town Board Meeting. 2:15 P.M. - Principal Building Inspector Lessard met with the Board to discuss the Matt-A-Mar Marina Stop Work Order. He indicated that the owners feel the order has created an unsafe condition because the building has not been completed to a safe point. Mr. Lessard feels certain limited measures can be taken to make the building safe and secure. The Board: agreed~-~-under Mr. Lessard's supervisidn. 2:30 P.M. - Mr. Gary Williams and Ms. Babcock met with the Town Board to discuss' placing a house trailer on the property of his grandmother, Gladys Howell, Main Road, Southold, for occupancy by Mr. Williams. Mrs. Howell is 94 year'~ old, in poor health, with the need for around-the-clock nurses. There are only two bedrooms in the small residence.. Mr. Williams would like to occupy the trailer for as long as Mrs:. Howell lives, and after her death it would be removed and Mr. Williams would move into the house, which his grandmother is. leaving to him. The Board advised Mr. Williams that the location of the trailer is not desirable. It would be on the Main Road, and the lot is very small; such requests have been denied in the past. They recommended that Mr. Williams consider a small addition to the house. _ _ 3:00 P.M. - Regular Meeting. z~:20 P.M. - Regular Meeting recessed so the Town Board could meet with Town Attorney Schondebare in Executive Session (moved by Councilwoman Cochran, seconded by Council- woman Oliva, to enter into Executive Session. Vote of the Board: Ayes: All). Town Attorney Schondebare discussed the proposed acquisition of the Carey Tank Farm in Mattituck, and the law suit with respect to the new Zoning Code amendments and map. 5:10 P.M. - Executive Session adjourned~ and the Regular Meeting reopened. The I~eg~]ar Meeting adjourned at 5:15 P.M. REGULAR MEETING 3:00 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, May 23, 1989, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Murphy opened the meeting at 3:00 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwaras Councilwoman Jean W. Cochran Councilman George L. Penny iV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry_ SUPERVISOR MURPHY: The first order of business is a resolution approving the audit of bills of May 23, 1989. 368 MAY 23, 1989 Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the followinq audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $101,831.88; General Fund, Part Town bills in the amount of $71,500.02; Nutrition Fund bills in the amount of $4,701.31; Adult Day Care bills in the amount of $100.00; Home Aide Program bills in the amount of $168.50; SNAP Program bills in the amount of $352.05; EISEP Program bills in the amount of $86.80; Community Development Fund bills in the amount of $900.00; Highway Fund, Whole Town bills in the amount of $51,448.58; Highway Fund, Part Town bills in the amount of $42,063.29; Agriculture Land Development Rights bills in the amount of $159,147.80; Fishers Island Ferry District bills in the amount of $9,484.43; Fishers Island Sewer District bills in the amount of $145.91; Southold Agency $ Trust bills in the amount of $3,299.26; Fishers Island Ferry District Agency & Trust bills in the amount of $58.56; Employee Health Benefit Plan bills in the amount of $11,723.20. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town Board meeting of May 9th, 1989. Moved by Councilwoman Larsen, seconded by Councilwoman Olivar it was RESOLVED that the minutes of the May 9, 1989, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next date for June 6, 1989, 7:30 P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, June 6, 1989, at the Southold Tow-n-Flail,- Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olivar Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: The first item on the agenda are reports. I'd like to remind anyone, these are in file in .the Town Clerk's Office for anyone to look at. 1. Town Board of Appeals Monthly Report for April, 1989. 2. Times Mirror Cable Television Report for March 1 to May 4, 1989. 3. (a) Supervisor's Monthly Budget Report for January, 1989. (b) Supervisor's Monthly Budget Report for February, 1989. IBM Discovery Courses, Guided Learning Center, Report of Jeanne Cullen, May 10, 1989. SUPERVISOR MURPHY: At this time I'd like to ask the Councilman if they have anythin special to report, starting on my right with Councilwoman Oliva. COUNCILWOMAN OLIVA: Thank you, Frank. On May 11th, I attended the New York State Coastal Conference in New York, and it was comprised of most of the States from the Northeast, and we're all practically in the same boat, that tl~ere is no national policy for the coast. There is no federal money coming from the federal government to help the States with public access, with boat ramps, or any- thing else, and as the Secretary of State, Gail Schaffer said, the States were doing such a good job, they let the States do it, but unfortunately the States don't have any m.oney. Just about all the.., to make short story shorter, all the States are really in the same boat that we are. They have coastal management programs. They are looking for ways of public access. They're looking for ways of having more marinas, and how to control the marinas as far as pollution is concerned, how to have more public access for the pubic, and how prevent point and non- point source pollutions from going into the ocean, or the bays. And that's it in a nutshell. On May 16th, we had our first Farmland Preservation meeting for this group, and basically it's just an introduction to what has been going on, and we will be meeting to discuss a farmer's bill of rights, and looking at some other properties that perhaps we can help get into the County program, because our program is just about out of money. On May 17th, we had a sub-committee meeting of the Code Committee dealing with the marina problem. We discussed dry-rack storage, and I think we had a very productive meeting, and we have given some things to Jay to draw on. On May 17th, we had a Commerce and Industry Committee. We discussed tourists at Line Reese. They will be sending out a questionaire, and get some information from the Finger Lakes Region, and see if they can get some grant money. Also, we discussed minimizing the size of future rooms, and MAY 23, 1989 3 6 9 we discussed two things that will be coming up at the Code Committee. Financial statement as to the impact, financial impact on the Town, and a piece of legislation, also, to see what the financial impact would be for any new development. On May 18th, Councilman Penny and I had contract negotiations with the PBA. On May 18th, Attorney Schondebare had seminar on the takings issue, which was very informative. On May 22nd, I attended the Greenport Utility meeting, and this mor- ning again, we had a Police Committee meetin9 concernin9 PBA negotiations. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ruth. George? COUNCILMAN PENNY: On the 15th, I had the honor of addressing the Mattituck Chamber of Commerce at one of their monthly meetings. I spoke on many Town issues. On the 17th, I attended a meeting of the Code Committee, where we dis- cussed marinas as Ruth just mentioned. On the 17th, I was fortunate to represent the Town of Southold as a member of the Steering Committee for Peconic County. There was a meeting at the Southampton Town Hall, and it was attended by many officials including a representive from each Town, our Suffolk County Legislators and several volunteers from the public. We discussed the legislation,, which is being passed in Albany right now, which will amend the legislation which is in effect right Oow, and will change a lot of the concepts regarding the formation of a new county. Originally the thought has been that we had to go to the Suffolk County Legislator and get permission to secede from Suffolk Coun~:y. The new legislation that's being drafted by our Assemblymen and by our State Senators will change that. We will not have to ask permission, but we will have to form a petition and referandum, which will only include the five Towns our here on the East End. The Suffolk County legislature would have the ability to question the petition, but their findings could be settled in a court. So it's really been taken out of the hands of Suffolk County, and that's a big move if legislation goes through. We are very close to the population, which is required to form a legislative district, which 116,000. I reminded the committee that I had heard-eAPlier that only 94% or 96% of that particular figure was neccessary, and they're going to look into that, also. So we may not quite need the 116,000, but probably about 104,000 or 105,000. The 1990 census will be very important to us. It would be imperative for people, if they have to make a choice of residences to please choose one of the five East End Towns as their primary resident for population census of 1990. It will help us even further in our cause. One of the issues that was discussed thoughly was the apportionment of assets and debts of any existing county. When we go to split, we have to find some way to deal with what is considered our portion of the County debt, and our portion of the County assets, and there have been several positions that have been taken in. Courts, and that was discussed. I have different material which I've given to the Town Clerk, so if anybody is interested in coming in and seeing it, rather than go through all this item by item, because I probably brought in about an inch, one inch tall pile of documents on different issues. Rut this information is available in the Town Clerk's Office. We will be looking for volunteers once this gets a little further on, and if anybody's interested in working as a volunteer for Peconic County probably the best way they could contact us, is just drop a card to the Town Hall here, mark it on the outside Peconic County, and state what you would like to help, the areas you'd like to help in or just make yourself available for general purposes, and I will pass them on the Suffolk County Legislatures and to the State Assembly and maybe somebody, could become part of the Steering Committee. On the 18th, we had a Police Committee meeting on negotiations, and on the 18th, I attended the discussions with the Town Attorney on the Landmark Supreme Court issues regarding takings, and how they effect Townships and local planning administration. On the 23rd, again this morning, we had a Police Committee meeting, and tonight at 7:30 we're having another Police negotiations session. Thank you. SUPERVISOR MURPHY: Thank you, George. Jean? COUNCILWOMAN COCHRAN: Yes, Frank, thank you. On May 10th, we had a joint meeting of the Highway Department and the Planning Board. Topics discussed were the width of highways for affordable housing projects. It was agreed that we would allow a twenty-four foot width highway, allowing two on site parking spaces over and above the garage or carport. We're trying to do whatever we can to keep the cost down on affordable housing to benefit those young people and elderly that need the housing. Also, discussed,we're going to begin to look at are the major specs several years ago, the Highway Committee had developed major specs, and then we ran into some problems, legality-wise, and we really feel it's a neccessary thing and so we are hoping to resurrect these specs, again. On May 10th, we met, the Parks Committe met with Roger Wines, and Pete Sabot, and the Supervisor up at the Laurel Lake site to finalize where trees are being planted and looked at playground area, and so on and so forth, and hopefully we will begin working on that once the Little League season is over_ On the 12th, Jim McMahon invited me to meet with himself and Joe Marino from the New York State Division for Youth. Ken Reeves, also, sat in on the meeting. The State is very concerned. Joe is the regional director, and they're very concerned that we are providing many more senior programs, than we are programs for youth. It could jeopardize 370 MAY 23, 1989 our 'funding. We did receive our funding' for this year. Forms are being sent in from the Town on time, but they're being hung up in the County, and he did not receive ours until late. Next year if they're not on time, we will not receive the funding from the Division for Youth, even though the bog down will be on a County level. Actually he suggested, and I agreed 100%, he's going to come out again, and we're going to sit and have a session and discuss some possibilities. He feels that the Center, itself, is not utilized enough be the youth, or there are not enough planned programs for the youth. We do have our Seniors use the building for their programs and so forth, but we also, allow the building to be used by many outside non-profit organizations, and there are many times when the Recreation Department does develop programming and then we do not have a place to schedule ourselves, and he's very concerned with this, so he will be coming out again, and I hope that we can work out some of these little problems that we do have. I think that's about it, Frank. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUNCILWOMAN LARSEN: Yes, thank you, Frank. On the 10th of May, I also attended the monthly Highway-Planning Board meeting to discuss the road width for affordable housing projects, which Councilwoman Cochran said would be reduced to 24 feet in this particular instance, with two offstreet parking spaces excluding the garage provided for. It was agreed that we will look at each affordable housing project individually rather than set a specific regulation to apply directly to affordable housing. We, also, discussed that swales are not affective during, for roads in the Town of Southold. That generally grading is changed during landscaping, and the swale area is destroyed, and flooding results. We discussed the minor roa-d specs, which the Town passed last year and have presented some hardships for' numerous people and we will be reviewing some recommendations made by the Highway Department. On the 17th, I also attended the Marine Zone meeting which Councilwoman Oliva reported on dry racks storage. The question is whether it will be a principal versus accessory use, which changes the definition in the Code. The amount of parking that will required for dry racks, the height of the building for dry racks. It's 22 to 24 feet to accomodate three racks to the rear bar, and in residential areas, the height would go up to 33 feet for this rack, so it's a concern of the committee that that this is adequately buffered from the surrounding residential zones. I, also, had some communication from the Suffolk County Department of Planning, specifically the Council on Environmental Quality, regarding the proposed drainage improvements to Middle Road at .Mill Creek or Ashamoque Pond. Then -- we had met with the Council of Environmental Equality, who will do the final approval. on the plan to put the biofiltration system on Mill Creek. The original cost was astronomical, and in an attempt to lower the cost, you will be putting in leaching systems, but before that they need additional coloform counts, and we've had trouble getting the DEC to get out here and do the coloform counts. Our Bay Constable is very busy at this time, and right now we're trying to contact Suffolk County Cooperative Extension to see if they'll do them for us, so fhey can finalize the plans. This is an interesting note. We have received a memo from one of the members of the Planning Board, article from the Wall Street Journal, that basically says, that high housing costs, especially in the area of affordable housing can be attributed to the level to the bureaucratic or administrative fees"-for-l~b~cns, and then two days later, I had in my box on affordable housing project that the Town is putting on with the North Fork Housing Alliance, about five sets of criteria that have to met before the Town will approve those six lots, so I just thought that was pretty interesting. So onward we go. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ellen. Raymond? JUSTICE EDWARDS: Thank you, Frank. On Fishers Island the Walsh Park affordable housing program's trying to get a boast now. At the Suffolk County Health Department, fly over there. One of the pilots on the Island brought the people over. They were going to wait for the next trip for the Building Department to go, 'but they sort of shortstopped them, and got them over there, got the final okay on Walsh Park, and I wouldn't be a bit surprised if they start breaking ground out there sometime next month. Ten applicants have been chosen for the possible twelve homes over there. They have been screened and they're okayed for their mortgages through the bank. So that's looking real well on the Island. We have two troopers out there now. The summer is more or less on it's way, and you can see it's very active with the building on the Island. There's over 200 people at day commuting from Connecticut to Fishers Island to assist in the work force. This past Sunday. the Suffolk County American Legion Legionaires left the dock at Greenport on the Fishers Island ferry Mannatauket, and we served them bagels a~nd coffee on the trip over. I was over here on the weekend, and they had a beautiful trip over. Two hours to the Island, and they got tours of the Island. They got permission to use the school bus to take them around, and show these people that have never seen the island before. They had the grand tour, which is possible now, this time of year, when it's not as crowded as it is in the heavy summer. Had a great trip, and they got back into Greenport about 6:30, 7:00 o'clock Sunday evening. We've got two eight inch wells dug on the Island through MAY 23, 1989 3 71 some money from Suffolk County from test wells out there, and two of these eight inch wells come in real well. They are going to connect the two of them together into one building and put a little mini-filitration plant with them and the water is such quality that they will be able to pump it right into the existing water main. So we on the island always looking to our aquafer, and I can say right now, that the reservior is above capacity, which is with the rainfall we've had in the last couple of months. So we're off to a good start this spring. The Highway Department did some road slurry over there, and it's all completed now, and we're just waiting for the people to come over and put the white lines down the middle of the road again. That was very welcome to the people on the Island, and last but not least, this Saturday afternoon will be our spring Civic Association meeting where people will start to ask some questions, and try and get some answers on which way the Island going to go, wi-ether it be incineration, whether it be composting or what. So that should be very, very interesting and heated meeting this Saturday. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Raymond. Sounds like things are going very well on Fishers Island. We're happy to hear about Walsh Park. T-he only thing extra I'd like to comment on, they did a waste characteri~atibn study at-the Lan'drill the last two weeks, and the first six days, they found one battery, household battery, in the garbage, which mean that our program is going very well. They found a coupie of small empty containers of Draino, and really very little of house- hold contaminates. So the program that we have in Southold is working very well, and it will product a much cleaner and much safer compost, even if we went to incineration, it would produce a much cleaner and safer ash. So these things do help, by taking these contaminates out, and the program ~Te have is working. I'm very happy to say. On the seventh day, they found one bag with seven or eicjht household batteries in, all in one bag, so there was obviously one family that slipped up on this. But if anything, you could say garbage in Southold Town is clean, and, also, we'd like to remind everyone that tonight at 7:00 o'clock there is a meeting here sponsored by the Town and Eastern Long Island Hospital to explain Lyme Disease, and we have some pretty good doctors coming. It should be a very interesting and a good program, so anyone can show up, tonight. They've done a lot of publicity on it. I'd just like to remind you. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to Item 2 on the agenda, public notices. These, again, are on file. There's 11 of them, on the Town Clerk's Bulletin Board for anyone to read. 1. U.S. Army Corps of Enqineers, N. Y. District: Notice of John G. Scott to emplace a shellfish nursery floating raft in the Great Pebonic Bay, New Suffolk. Written comments by June 7, 1989. 2. N.Y. State Department of Environmental Conservation; Notice of Complete Application of Wolf Pit Nurseries to install a well equipped wi~h a pump for the purpose of irrigation of nursery stock, located on the south side of Wickham Avenue, 1000 feet east of Mill Lane. Comments by June 2, 1989, to Stephen C.- Mohr, Bldg. 40, SUNY, Rm. 219, Stony Brook, N. Y. 11794. 3. N.Y. State Department of Environmental Conservation; Notice of Complete Application of Mr. and Mrs. Robert Turner to construct an addition and deck to a single family home at Albo Drive, Laurel; said construction will be at least 70' from wetlands. Comments by June 2, 1989, to Susan Ackerman, Bldg. 40, SUNY, Rm. 219, Stony Brook, N. Y. 11794 4. U.S. Army Corps of Encjineers, N. Y. District; Public Notice of Armando CaF)pa to install floating piers in Budd's Pond, Shelter Island Sound. Writter~ comments by June 14, 1989. 5. Department of the Army, N. Y~ District, Corps of Engineers; Applica- tion of John Wetzel to install an open pile timber pier and a mooring buoy in Eugenes Creek, Cutchogue. Comments by June 1, 1989. 6. Department of the Army, N. Y. District, Corps of Engineers; Application of Anthoy Panzarino to install two timber piers over the wetlands and a ramp and a float secured by pilings in Mud Creek, Little Peconic Bay, Cutchogue. Comments by May 31, 1989. 7. N.Y. State Department of Environmental Conservation; Notice of Com- plet Application of Henry L. Gerguson Museum, Fishers Island, to construct an addition onto existing museum with 100' of freshwater wetlands on Equestrian Avenue, F.I. Comments to Robert N. Thurber, Bldg. 40, SUNY, Rm. 219, Stony Brook, N.Y. 11794, by June 2, 1989. 8. U.S. Army Corps of Engineers, N. Y. District; Application County Department of Public Works to dredge with ten years maintenance in Jockey Creek Spur. Shelter Island Sound, Southold. Written comments by May 31, 1989. 9. N.Y. State Department of Environmental Conservation; Notice of Com- plete Application of Mrs. W. G. Rafferty to renovate a_n existing garage/apartment and construct a 400 sq. ft. addition on sono tube piers said addition to be 65' from freshwater wetlands at Fishers Island, Middle Farms Pond. Comments by June 16, 1989, to Susan Ackerman, Bldg. 40, SUNY, Rm. 219, Stony Brook, N. Y., 11794. 372 MAY 23, 1989 10. State of New York, Public Service Commission; Notice of public hearing on motion of the Commission as to the rates, charges, rules and regulations of LONG ISLAND LIGHTING COMPANY for gas service; said hearing to be held on June 14, 1989, Nassau County Executive Building, 5th Floor Board Room, One West Street, Mineola, N. Y., beginning at 11:00 A.M. and continuing as necessary. 11. State of New York, Public Service Commission; Notice of public hearing to receive comments from affected members of the public concerning the pending rate proposals of the LONG ISLAND LIGHTING COMPANY for gas serv'ce. Comments received on June 15, 1989, 1:30 P.M. and 7:00 P.M., Nassau County Executive Building, 5th Floor Board Room, One West Street, Mineola, N. Y. III. COMMUNICATIONS. SUPERVISOR MURPHY: Under communications there were two, and both of them expressing thanks to our Police Chief, and, also, congratulations to our Rec. Director for doing a very good job, and gettin a grant from the~U.S. Tennis Association. Which will go along with the youths as part of the program. 1. Ronald StrJtzler, M.D., expressing thanks to Chief H. Daniel Winters for his response to his letter. 2. Ken Reeves, Recreation Director, in regard to a grant received from the United States Tennis Association in the amount of $530.00 for tennis lessons, which will be held at the Southold High School this summer and fall. COUNCILWOMAN COCHRAN: We have a program for tennis. SUPERVISOR MURPHY: I mean to improve it, increase it. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: There are three public hearings. 1¸' 3:30 P.M., May 23, 1989, on "A Local Law in Relation to Zoning" (hotel guest unit) 3:32 P.M., May 23, 1989, on "A Local Law in Relation to Zoning" (room for conference attendees) 3:35 P.M., May 23, 1989, on "A Local Law in Relation to Zoning" (agricultural operations) SUPERVISOR MURPHY: At this time I will ask for a resolution to recess in order to hold these public hearings. ~ Mc~ved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of holding three public hearings. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meetinc,] reconvened at 4:02 P.M. V. RESOLUTIONS. SUPERVISOR MURPHY: Moving on to Item V, which is resolutions. At this time, I'd like to state to anyone in the audience, if you would like to address the Town Board on any proposed resolutions, may do so now. If you have any comments at all, you'll have a period of time at the end of the meeting to make any other comments. We ask that you just make comments on any proposed resolution. Anyone in the audience like to address the Town Board on a proposed resolution? (No response.) Hearing none, we'll move to the first resolution, which is authorize Sergeant Ed Sidor to attend a Hostage Negotiations Seminar. I offer that. 1.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Serqeant Edward Sidor to attend a Hostage Negotiations Seminar on June 9, 10, 11, 1989, at Westhampton, New York, sponsored by the international Rescue and Tactical Consultants; tuition for said seminar to be $400.00, payable from the Police Depart- ment 1989 Budget; permission is also granted for the use of a Town vehicle to travel to the seminar. 1-.~Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to authorize the Town Clerk to advertise for bids. 989 3 73 2.-Moved by Councilwoman Cochran, seconded by Justice Edwards, 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 annual contract to furnish and place asphalt concrete within the Town of Southold, as may be required, for a one (1) year period, on behalf of the Superintendent of Highways. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to authorize the Town Clerk to advertise for binds for the purchase of snow fence and "T" posts. I offer that. 3.-Moved by Supervisor Murphy, seconded by Justice Edwards, 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 of snow fence and "T" posts for the Superintendent of Highways. 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to appoint Douglas Wieczorek as a part-time Public Safety Dispatcher. I offer that resolution. 4.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Douglas G. Wieczorek as a part-time Public Safety Dispatcher, effective immediately, at a salary of $7.00 per hour ..... 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to amend a prior resolution. 5.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resolution no. 18, adopted on Febuary 28, 1989, engaging the services of Planner David Emilita to review the Long Envionmental Assessment Form with respect to the petition of Thomas Thompson for a change of zone, to read; "engage the services of Cramer, Voorhis & Associates" to review said Long Environmental Assessment Form, at a cost not to exceed $500.00. 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to appoint Richard Frank from Orient as a Town representative on the C.A.S.T. Board of Directors. I offer that. 6.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Richard Frank, 205 Plum Island Lane, Orient, as a Southold Town representative on th~ C.A.S.T. (Community Action of Southold Town) Board of Directors, effective immediately. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to authorize the Town Clerk to advertise for bids. 7.-Moved by Councilwoman Cochran, seconded by Councilwoman OIiva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for "Improvements to the Laurel Lake Recreation Area", which project entails discing, regrading and seeding the playing fields, installation of a lawn sprinkler system and installation of chain link fence. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy, This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to authorize the Board of Commissioners of Fishers Island Ferry District to accept a bid. 8.-Moved by Justice Edwards, seconded by Councilwoman Cochran, 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 in the amount of $57,900.00, and enter into a contract with Machnik Construction Co., Inc. for site preparation and paving a staging area at Silver Eel Cove, Fishers Island, New York, all in accordance with the bid specifications. 3 7 4 MAY 23, 1989 / 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is to authorize the BOard of CommiSsioners of FisherS Island Ferry District to accept another bid. 9.-Moved by Justice Edwards, seconded by Councilwoman Oliva, 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 in the amount of $208,372.00 (Alternate No. 1), and enter into a contract with Whalin,~ City Dredginc~ and Dock Corporation for the replacement of Pile Dolphins at Silver Eel Pond, Fishers Island, all in accordance with the bid specifications. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, CounCilman Penny,--Councilwoman Cochran, Justice Edwards, Supervisor MurPhy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to authorize a 1989 Budget Modification, General Fund - Whole Town. 10.-Moved by Councilman Penny, seconded by Supervisor Murphy, it was RESOLVED tl~t the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1989 Budget for 'the recognition of a $530.00 grant from the United States Tennis Association and the subsequent disbursement for tennis lessons as specified by said grant: To: Revenues A2071 Contribution from Private Agency $ 530.00 Appropriations A7320.4 Joint Youth, Contractual Expenses $ 530.00 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is to accept a bid. 11.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Paul Corazzini & Sons, Inc. for supplying the Southold Town Highway Department with Sand Mix Asphalt, furnished and placed at the discretion of the Superintendent of Highways, at the bid price of $27.48 per ton, all in accordance with the bid specifications. 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy'. This resolution was declared duly ADOPTED. - SUPERVISOR MURPHY: Number 12 is to authorize a 1989 Budget Modification to the General Fund - Part Town account. I offer that resolution. 12.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ 1989 Budc, let modification to the General Fund - Part Town to pay legal fees in the matter of Crimi v. Town of Southold: To: B1420.4 Town Attorney, Contractual Expenses $ 4,780.00 From: B3120.4 Police, Contractual Expenses $ $,780.00 12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to set 8:00 P.M., Tuesday, June 6, 1989, Southold Town Hall for a public hearing on proposed "Local Law in Relation to Fire Preve-nti0n and Building". I offer that. 13,-Moved by Supervisor Murphy, 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 Fire Prevention and Building"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, June 6, 1989, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinc~ on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Fire Prevention and Building BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 45 (Fire Prevention and Building) of the Code of the Town of Southold is hereby amended as follows: 1. Section 45-11.A is hereby amended by changing "Section 100-141" to read "Section 100-281" in the first sentence. 2. Section 45-17.A is hereby amended by changing "Section 100-144" to read "Section 100-284" in the first sentence. MAY 23, 1989 This Local Law shall take effect upon it~ filing with the Secretary of State. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to authorize the staff of the Suffolk County Cooperative Extension-Marine Program to use Southold Town boat ramps at no charge. 14.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Chris Smith and staff of the Suffolk County Cooperative Extension - Marine Proc~ram to use Southold Town Boat Ramps, at no charc~e, to conduct research in Southold Town waters, Peconic Bay and Long Island Sound. 14.-Vote of the Town Board: Ayes: Councilwoman Lar.sen, Councilwoman Oliva, Councilman Penny, CouncilwOman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to appoint Beach Attendants and Lifeguards for the 1989 summer season, and to accept their salaries ..... 15.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followincj Beach Attendants and Lifec~uards for the 1989 summer season: BEACH ATTENDANTS Christine Maiorana Joanne McNulty LIFEGUARDS Dave Cancro Mike Conklin Bruce Land Jeremy McCavera Eileen McGlinchey Bob Neese $5.80 per $6.10 per $7.25 per $8.00 per $7.25 per $7.00 per $7.25 per $7.25 per hour (3rd year) hour (Sth year) hour (2nd year) hour (Sth year) hour (2nd year) hour (Ist year) hour (2nd year) hour (2nd year) Yvonne Nicol $7.75 per hour (4th year) Tom Scheuermann $7.75 per hour (4th year) 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards~ Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to authorize the Town Clerk to issue free 1989 resident vehicle permits to the certain individuals. 375 16.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Judith Terry to issue, free of charge, the 1989 Resident Vehicle Permits to the following individuals: Recreation Director, Recreation Secretary, Beach Manager, Lifeguards, Beach Attendants, and Swimming Instructors. 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to appoint Denise Conte as a full-time clerk, and Rebecca Green as a Work/Study Clerk in the Office of the Receiver of Taxes. I offer that resolution. 17.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Denise Conte as a full-time Clerk in the Office of the Receiver of Taxes, effective May 22, 1989, at a salary of $5.00 per hour; and Rebecca Green as a Work/Study Clerk in the Office of the Received of Taxes, effective May 25, 1989, at a salary of $5.00 per hour; both positions to terminate on or about July 14, 1989. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to authorize payment of E & A Environmental Consultants. 18.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of the engineering fees of E & A Environmental Consultants, Inc. with respect ot Tasks 1, 2, 3, as outlined in the letter from Holzmacher, McLendon & Murrell, P.C., dated March 28, 1989, regarding the Composting of Municipal Solid Waste/Sludge Program of the Town of Southold, as follows: 376 MAY 23, 1989 Task 1 - Accompanying the Town Board during field visits of compoisting facilities; field visits included trips to Europe and Minnesota- $3,234.92. Task 2 - Preparation of the Final Environmental Impact Statement (FEIS)- $1,558.24. Task 3 - Engineering services after completion of the proposal evaluation process - $9,206.84. E & A Environmental Consultants, Inc. fees are invoiced through H2M as a direct expense. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, CouncilwOman Oliva, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. No: Councilman Penny. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is a resolution terminating the emplOyment of Environmental Consultant, Larry Penny. 19.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby terminates the services of Larry penny as an Environmental Consultant for Fishers Island, effective immediately. 19.-Vote of th~ Town Board: Ayes: Councilwoman Larsen, C0-uhcilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to authorize G.C.G. Risk Management, Inc. to process claim checks on the Town health insurance program. 20.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs G.C.G. Risk Management, Inc. to process all claim checks and E.O.B.'s (explanation of benefit forms) with respect to the Town of Southold Self Insurance Health Program. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to renew 'Gary Rutter's trailer permit to September 21, 1989. ~ 21 .-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby author, izes the renewal of the one-family house trailer permit of Gary and Barbara Rutter, for trailer located on right-of-way off of the southeast side of Main Road, Mattituck, New York, for one (1) additional six (6) month period from March 21, 1989 to September 21, 1989, to allow Mr. Rutter sufficient time to remove the existing trailer and obtain a building permit for construction of a new one-family dwelling on said premises. 21.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to authorize the execution of Major Organ Transplant Insurance application and transmit check for same. I offer that resolution. 22.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an application for Major Organ Transplant Insurance, with respect to the Town of Southold Self Insurance Health Program, said application to be accompanied .by a check in the amount of $267.00, representing a cost of $1.50 per month for 178 employees. 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is to reappoint Conservation Advisory Council members. 23.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to the Southold Town Conservation Advisory Council, for two year terms, effective June 18, 1989 through June 18, 1991:, John Holzapfel, John B. Tuthill, Betty Wells, Daniel Kujawski, Margaret A. Feeney, Bruce Loucka, and Stephen E. Angell. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 19893 7 7 SUPERVISOR MURPHY: Number 24 is to authorize Scott Drobiner to attend the Boater Pollution Workshop. 24.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to SCott Dobriner, Intern to the Local Waterfront Revitalization Program, to attend the Boater Pollution Workshop, sponsored by Cornell Cooperative Extension of Suffolk County/Marine Program, on June 1, 1989, at the Suffolk County Community College, Riverhead, and the $15.00 registration fee shall be a legal charge gainst the Water- front Revitalization Program budget. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, CouncilWoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is a resolution reaffirming ,Labor Management Policy regarding employment advancement. 25.-Moved by Councilman Penny, seconded by Counci[woman-Cbchran, it was RESOLVED that the Town Board of the Town of Southold hereby reaffirms its Labor Management Policy recjardinc~ employment advancement within the Civil Service system: 1. Any employee may request a desk audit as provided by Civil Service. 2. If'an employee passes a higher test, with the recommendation of the depart- ment head, the Town Board will consider the new position. 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OliYa, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to authorize Chief Winters to attend the New York State Associastion of Chiefs of Police Annual Training Conference. I offer that. 26.-Moved by Supervisor Murphy, seconded by CouncilWoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to SOuthold Town Police Chief H, Daniel Winters to attend the New York State Assoc.- iation of Chiefs of Police Annual Trainin~t Conference at Rochester, New York, on August 20, 21, 22, 23, 24, 1989, and the necessary expenses for travel,rmeals and lodging shall be a legal charge against the Police Department's 1989 Budget. 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is a proposed Local Law No. 7 concernina zoning. Rooms for Conference Attendees. The second public hearing we hel'd today. I offer that. 27.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, a proposed Local Law No. 7 - 1989 was introduced at a meeting of this Board held on the 25th day of April, 1989; and WHEREAS, a public hearing was held thereon by this Board on the 23rd day of May, 1989, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 7 - 1989 be enacted as follows: LOCAL LAW NO. 7- 1989 A Local Law in Relation to Zoninc~ 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 100-131.B[3)(a) is hereby amended to read as follows: (al Where rooms are permitted for conference attendees, said rooms are permitted as set forth and regulated by Section 100-61B(4) of the Resort Residential (RR) District. II. This Local Law shall take effect upon its filing with the Secretary of State. -27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is a proposed Local Law No. 8 concerning zo~in~g, agricultural operations, which was the last public hearing we held. 28.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 8 - 1989 was introduced at a meeting of this Board held on the 25th day of April, 1989; and WHEREAS, a public hearing was held thereon by this Board on the 23rd day of May, 1989, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 8 - 1989 be enacted as follows: LOCAL LAW NO. 8- 1989 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: 3 7 8 MAY 23, 1989 I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-31A(2) is hereby amended to read as follows: (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substances or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: 11. This Local Law shall take effect upon its filing with the Secretary of State. 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, at this time is there any Councilman would like to hav( any further comment? Ray? JUSTICE EDWARDS: Nothing, thank you. SUPERVISOR MURPHY: Ellen COUNCILWOMAN LARSEN: Enjoy the wonderful weater. SUPERVISOR MURPHY: Jean COUNCILWOMAN COCHRAN: Thank you, no. SUPERVISOR MURPHY: George? COUNCI'LMAN PENNY: Yes, I just wanted to bring to the Board's attention an article that was in the Long Island Monthly, which I gave a copy to the Town Board. It's regarding '~TheGreat Wetland's Wa~". It's a two-page article and lld just like to read to the audience here just a couple of passages from it. "Fred Terry has spent most of his 46 years out-of-doors. Save for four years at Cornell University's agricultural school, he's lived and farmed his whole life in Orient. He's fixed the dikes that keep the salt water off his family's potato fields and stands of Charistmas trees. He's fished and clammed and scalloped in the muddy marshes just beyond those dikes. He's watched the herons and ospreys hunt, and has done a bit of hunting himself. On March 8, 19~9~ however, Fred Terry was inside. Clad in jeans, new white Reeboks, and a red-and-I~ patterned sweater, he addressed those gathered in Southold Town Hall in a hall~ing m,~' ~r that called to mind Henry Fonda in The Grapes of Wrath. "1 am a better worker tha.~ talker, but I will say what I got to say," intoned Terry from the podium. "We, the owners of the wetlands, are the people that care the most and would do the most to protect them, not somebody sitting up in Albany who has probably never seen them." Unlike its southern counterpart, the North Fork still has family farms like the Terrys'. And. those farms are still embraced by an intricate system of marshy bays, shoals, coves, creeks, and inlets, wavy with spartina grass and plump cattails. Both Fred Terry and the State of New York agree that this is as it ought to be. Unfortunately for Terry and his kin, that is where the agreement ends. The New York State Department of Environ- mental Conservation (DEC) and the people of Orient--the tiny hamlet on the North Fork's easternmost extremity--are currently locked in a bitter and complicated battle over who will protect 460 acres of fragile tidal wetlands ringing Hallock's Bay. The DEC wants to buy the land from its 29 current owners and protect it in a public state park." This is still ongoing. We have a meeting--and I don't know that's it's been confirmed yet in the Superv~sor's Office, but I believe it's around the 21st of June--is that true, Frank? SUPERVISOR MURPHY: I'm not sure of the date. COUNCILMAN PENNY: It's been set by the DEC. I believe they're just waiting for the Town. I plan to attend and would encourage any other Town Board. members, and I'm going to ask the Town Attorney to attend. We're trying to help these people · to keep the property for themselves. I had an interesting conversation with one of the local reporters here who said that he could identify with this issue, because his parents are going through a similar situation upstate. Isn't that true, Bill? BILL FALLON: Yes, indeed, their land has been condemned. COUNCILMAN PENNY: So this is more than just a local ssue. It happens in other places than here, but wherever it happens when it happens close to home it really hurts. You hear about this happening upstate and you say, "Well, what do those people feel or care or whatever," but the people in Orient have maintained this property and it's no accident that the wetlands out there are pristine. It is no accident that they have been maintained by these people. It has been maintained by the hard sweat and labor of the individual families for upwards of 250 years, and hopefully we're going to resolve this issue and let the people keep their property. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth? MAY 23, 1989 379 COUNCILWOMAN OLIVA: Just one piece of cultural trivia, perhaps, but at the conference there was a Professor Fairbridge there and his information is the reason why our sea level is rising is just not because of the earth's warming, it is because the continents themselves are sinking, so therefore the sea level is rising. But it is only happening in the north temperate zones. It is not happening in the middle latitudes, and it's not happing in the high latitudes. So you can see; we're just sinking into the sea. Thank you. COUNCILWOMAN COCHRAN: Not that quickly, I hope. COUNCILWOMAN OLIVA: I don't know. COUNCILWOMAN COCHRAN: I've got a lot oT plans. SUPERVISOR MURPHY: I can't swim too well. Any other comments? Anyone in the audience like to address the Town Board? (No response.) We're going to recess, Jay would like to address the Town Board. So a resolution to recess and we'll meet with the Town Attorney. Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that a recess be called at 4:20 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 5:10 P.M. SUPERVISOR MURPHY: Would someone I~ke to offer a resolution to enact Local Law No. 9, Site Plan Article? 29.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, a proposed Local Law No. 9 -1989 was introduced at a meeting of this Boasrd held on the 11th day of April, 1989; and · WHEREAS, a public hearing was held thereon by this Board on the 9th day of May, 1989, at which time all interested persons were given an ol~portunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 9 - 1989 be enacted as follows: LOCAL LAW NO. 9 - 1989 A Local Law in Relation to Zonin9 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. Article XXV (Site Plan Approval) is deleted in its entirety, and a new Article XXV is hereby adopted to read as follows: ARTICLE XXV SITE PLAN APPROVAL Section 100-250. General Requirements. This section shall apply to every land use that is permitted in the Town of Southold except the single family home use on a single and separate lot as set forth in Article I11, Section 100-31A(1), and customary non-agricultural accessory uses to a single family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space, or utilities will require site plan approval. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be iSsued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Plannin9 Board and all other public agencies involved. Section 100-251. Declaration of policy Ao The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town. exclusive of the incorporated Village of Greenport. should proceed alon9 the lines of 9ood order and with due regard to the public interest, including but not limitec~ to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied 380 MAY 23, 1989 by new buiiding construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well being of the population in general, increase the town's tax base. and facilitate the local economy. B. It is the purpose of this section to encourage good design and: o Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. Lessen and where possible prevent traffic congestion on the street and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. Prevent overcrowding of land or buildings. Secure safety from fire. flood and other dangers. and to provide adequate light, air and convenience of access. Mitigate the environmental impacts of new development on the land, air and water resources. Section 100-252. Objectives In considering and acting upon site development plans. the Planning Board shall take into consideration the the public health, safety and welfare, the economic impact, and the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expi~essed intent of this chapter and the accomplishment of the following objectives in particular: Traffic access: That all proposed traffic accessways are adequate but not excessive in number, adequate in width, grade, alignment, and visibility, are located in proper relationship to intersections, pedestrian crossings and other places of public assembly and further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required. based on overall traffic circulation and signalization of adjacent access points and streets. Interior circulation and parking: That adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on-site, and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety. And further, that loading areas shall not impede the flow of interior pedestrian ano vehicular traffic. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: That all parking. service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets, and that the landscaping of the site complement the intended use. Existing trees of at least six (6") inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. o MAY 23, 1989 Natural features that high priority sba be given to the: ao conservation of all natural features on and adjacent to the site, including, but not limited to. natural drainage courses, fresh and salt water wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas; and protection of ground and surface water from Contamination by pollutants; and c. protection of air quality. Pavement: That all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: 'That all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly, in or adjacent to residential zones. 10. Public address intercom or sound systems: That any sound or public address system shall be located to minimize sound to adjoining properties or on the adjacent street. Gradin9 and Drainage: That all site developments shall respect existing grades on site and on adjoinin9 sites to avoid unnecessary excavation or fillin9. and that all storm-water runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public Utilities: That plans for water supply and sewage disposal, cable, telephone, electricity, 9as, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and comprehensive development plan: That the development proposed is at a scale consistent with existin9 development and with the comprehensive development plan of the Town of Southold. 11. 12. Architectural features: That the architectural features of proposed buildings and signs are in character with that generally prevailing in the neighborhood. Handicapped access: That the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable State and local standards concerning same. Section 100-253. Guidelines No building permit shall be issued for any structure or building as defined by Chapter 100..Zoning. until an approved site development plan or apprOved amendment of 381 382 MAY Bo 23, 1989 any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. · No regrading, clearing, tree removal or any other work in preparation of future use of a site, except limited clearing needed to undertake survey work or sOils .investigations may take place or be permitted to take place until the site plan has been approved by the Planning Board. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this Article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use) and the site is developed in accordance with an approved site development plan or approved amendment of any such plan. D. Upon request of the owner or his authorized agent for a Certificate of .Occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector along with the Planning Board shall find that such building or structure and site is in conformity with the approved site plan. E. After a Certificate of Occupancy is issued, there shall be no exterior alterations of a building that expands the footprint, or any revisions of the site, or changes of use, without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this ordinance and shall be subject to such penalties as are set forth in 100-285 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing Certificate of Occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. Section 100-254; Review Procedure. Presubmission conference. Prior to the submission of a site development plan, the applicant or his agent shall meet with the Planning Board or its representive. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this Article. Said meeting shall take place .within thirty 130) calendar days from the date of written request therefor. Site Development Plan. Nine 19) copies of the site development plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four (4) months of the presubmission conference. If a site development plan application is not submitted within four (4) months following a presubmission conference, another conference may be required by the Planning Board. Within ten (10) business days of recelpt of the application the Planning Board shall determine whether to accept, reject or request revision of the application. If the Planning Board determines said application to be acceptable, but in need of revision, it MAY 23, 1989 shall notify the appli~ao~ i~iwriting wher~ein said applicati°n;is defi~ie~~i~n thirty [30) business days. In the case of a variance or special exception application requiring site plan approval, the site development plan application shall be subjected to preliminary review and written comments by the Planning Board within sixty (60) days of such request by the Board of Appeals. a. In no case may the Planning Board grant site plan approval prior to the issuance of a Special Exception by the Zoning Board of Appeals, if such is required. b. Before the Planning Board can approve any application for the amendment of a use or structure for which a Special Exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change, either the use or the stucture. The Planning Board may vary or waive parking requirements provided that such change wilt'not have a detrimental effect on the public health, safety, or general welfare and will not have the effect of nullifying the intent and provision of the Zoning Code. 383 Fo The Planing Board may allow or require landscaping to be installed in place of specified parking spaces. Any site for which the Planning Board grants approval, for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again if a change of use is proposed. Review of a-new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall within ten (10) business days of such determination distribute said application and documentation to the Town, County and State agencies having jurisdiction, for their comment. Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall within a reasonable period of time, not to exceed thirty [30) days, determine whether to require .revisions to the proposed plan. No decision on the application shall be made until the SEQRA process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: Forward the plan to the Building Inspector for final review and certification. Forward the plan to the Fire Commissioner of the Fire District within which the site is located for a determination as to whether a fire well is needed and if so. its location· Notify the applicant in writing to make an application for the appropriate curb cut permits. 384 MAY 23, 1989 Ko Lo u,. Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits, and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. If the Planning Board determines that a public hearing is necessary, it shall schedule and hold same. Notice shall be given at least ten (10) days prior to the dates of such hearing by publication in the official Town newspaper. The applicant shall, by certified mail, give at least ten (10) days notice of said public hearing to all adjoinin9 property owners witin a five hundred feet (500') radius of the proposed project. Prior to the Planning Board's endorsement of the- site plan, the Applicant must sign a statement placed on the site plan indicatin9 his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. A guarantee of performance may be required for all public improvements as part of the conditions of approval. Such guarantee shall be based on a listing of required' site improvements in accoroance with chapter A106 of this article. Mo Within ten [10) days of final approval a copy of the endorsed site plan shall be sent to: 1. the Building Department 2. the Town Engineer, 3. the Town Trustees, when applicable, the Highway Department, 5. the Zonin9 Board of Appeals, when applicable No The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code. The Plannin9 Board shall notify the applicant, in writin9. within ten (10) days of such determination, of the reasons for such denial. Section 100-255 Expiration An approved site development plan shall be valid for a period of three 13) years from the date of approval. All work proposed on the plan shall be complete within three (3) years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. All site plans which have received final approval prior to the enactment of this ordinance shall remain valid for a period of three (3) years from the date of such enactment. This period will begin when all 9overnmental approvals have been obtained. Section 100-255. Application elements. A. Submission of a complete site plan application shall consist of: MAY 23, 1989 1. A completed site pian ~pp!.ication form. 2. Site plan review fee, as specified in subsection B, below. 3. A completed Environmental Assessment Form Nine copies of the site plan. 5. Four copies of a property survey, certified by a licensed land surveyor. Fees The application fee for a new site plan shall be one hundred and fifty dollars 15150) per acre or any fraction of an acre thereof, plus two and one-half cents (2.5¢) per square foot of building area. The application fee for a revised site plan shall be one hundred and fifty dollars [$150.00) plus two and one-half cents (2.5¢) per square foot of building area. ~- 385 C. Standards 1, Site plan design shall include the following items: a. Technical Data Lot, block and section number, of the property taken from the latest tax records. Name and address of the land owner on record; a. Name and address of adjoining land owners. b. Name ano address of applicant, if not the same as the land owners. Name and address of the person, firm or organization preparing the map. sealed with the applicable New York State license seal and signature. Date. graphic scale. North point. whether true or magnetic. If magnetic. show date of reading. o Survey prepared by a licensed Surveyor or Civil Engineer. The site plan may reference a land surveyor's map or' base reference map. All distances shall be in feet and hundreths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10.000. The locations, names ~nd widths of all rights of way. within 500 feet of property lines. If none exist within 500 feet of subject property, indicate distance to nearest intersection with a public street. A separate key map showing location and owners of all adjoining lands, within 500 feet as shown on the latest tax records, at a scale of one inch equals 100 feet. Location. width and purpose of all existing and proposed easements. 386 MAY 23. 1989 10. 11. setbacks, reservations and areas dedicated to public use within or adjoining the property. A complete outline of other existing easements, deed restrictions or covenants applying to the propoerty. Existing zoning, including zone lines and dimensions. Site plans shall be drawn at the scale of an (1") inch equals (20) twenty feet. If all required information cannnot be shown clearly on one plan, the information should be separated as follows: .a. Alignment and schedule plan. b. Grading and Drainage. c. Landscaping. d. Other; e.g. site utilities. b. Natural Features Existing contours with intervals of two (2') feet or less, referred to mean sea level as per USGS datum. Co Boundaries of any areas subject to flooding or storm water overflows, tidal bays. salt water marshes, beaches and all freshwater bodies, including wetlands and intermittant streams, perimeter boundaries of shoreline bluffs, dunes and beaches. Location of existing natural features including but not limited to natural drainage swales, watercourses, wooded areas, wetlands, as defined by the New York State Department of Environmental Conservation and the Board of Trustees of Southold Town, marshes, ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitat, flood hazard areas, erosion prone areas, trees of 6" in diameter at a point 3 feet above the trunk base. Location of any existing cultural and historical features within 500 feet of the property boundaries. Existing building structures and utilities. Locations, dimensions and outlines of all buildings (as defined in Section 100-13 of this chapter), and all uses of the site. Paved areas including parking areas. sidewalks, and vehicular access between the site and public streets. Locations, dimensions, grades, and flow directions of any existing culverts, water lines or sewage disposal systems, as well as other underground and above ground utility poles and utility lines within and adjacent to the property. T.he location and use of all buildings and structures including curb cuts within 200 feet of the boundary of the subject property. do Proposed Construction 1. MAY 23, 198'9 The Iocatibh ~:~F~POsed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. 387 The location, direction, power level and time of use for any proposed outdoor lighting or public address systems. The locating and plans for any outdoor signs must be in accordance with~-' applicable sign regulations. Location and details of aprons, curbs, sidewalks, fencing (type and location), grading, including existing and proposed topography with two foot contours, [on site and 200 feet beyond the property line). Spot elevations for buildings and all structures, drainage calculations, details of drainage structures, watershed areas, where applicable. Grading and drainage plans shall be based upon site stormwater retention. '~n conformance with Chapter A108 Highway Specification. Location and listing of landscaping, buffering and street tree plans including type, material, size, quantity and location. Location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire well and fire hydrants and/or any alternate means of water supply and sewage disposal and treatment. Building elevations for all facades; floor plans showing proposed use of floor area. I1,- -T-hi-s Local Law shall take effect upon its filing with the Secretary of State. 29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This res0]ution was declared duly ADOPTED. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that there being no further business to come before this Town Board meeting that adjournment be called at 5:15 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 'Judith T. Terry ~ Southold Town Clerk