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HomeMy WebLinkAboutTB-07/05/1989SOUTHOLD TOWN BOARD 431 JULY 5, 1989 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (11:00 A.M.), Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare (2:00 P.M.). 9:00 A.M. - For Discussion Items: (1) Resolution of the Esat Hampton Town Board urging Governor Cuomo to nominate the Peconic Bay System for inclusion in the National Estuary Program - Southold Town Board transmitted the same resolution to the Governor on September; 12, 1988. (2) Letter from Raymond F. Doyen, Commissioner of the Fishers Island Garbage and Refuse District, notifying the Board of his resignation as of June 19, 1989. (3) Letter from John J. Hart, attorney for WLIG-TV 55, advising that Dimension Cable Services, which presently holds a franchise from the Town of Southold, is in the process of being acquired by Cablevision Systems Corp. of Woodbury. Mr. Hart requests that before the transfer is approved, that the Town of Southold make carriage of WLIG on basic service a cndition of approval. Board will await a request from the New York State Cable Commission for addressing this matter. (4) Receipt of a proposal from Garrett A. Strang, Architect, in the amount of $5,$00.00 to provide architectural services and contract documents to make the necessary energy related improvements to the Police Headquarters building. Supervisor Murphy ask Town Attorney Schondebare if the project can be accomplished without going to bid by doing certain phases separately.--Later in the 'day Town Attorney Schondebare advised that if there is not sufficient money in the 1989 budget to do the entire project, but to do (i.e.) the windows, they could do that part of the project now without going to bid if the cost is below the bid requirements. (5) Letter from the Department of Civil Service denying the Town's request to waive the prescription drug plan limitations for the period April 1, 1989 to the date of system reactivation for enrollees of the Town. The Town's extension of its withdrawal date and subsequent recission to maintain coverage for the Police Officers was not received in time for the Dept. of Civil Service to notify their insurance carriers prior to the effective date of the changes. {6) Request of Peconic Associates, Inc. to waive the tipping fee for debris material from a project at the Berger house by the Stirling Historical Society. Although this request was withdrawn because the project had been completed prior to the Board meeting, the Board would not waive the fee--it would set a precedent--they have not waived the fee for other not-for-profit organizations. (7) Receipt of a draft copy of the by-laws for the Recycling Cooperative of the ten Suffolk County towns. Later in the day Town Attorney Schondebare commented that if the Town is presently involved in a five-town program, why get locked into a ten-town program. (8) Letter from Times Mirror Cable Television advising that they have entered into an agreement to transfer its Long Island Cable Television System to CSC Acquisition Corporation, a wholly owned subsidiary of Cablevision Systems Corporation (Cablevision") of Woodbury, New York. Pursuant to the Franchise Agreement with the Town, approval of the trans- fer is required before the transaction can be completed, and TMCT request~s the Town's approval. The Town will receive background material from Cablevision of Long Island shortly and the Town Attorney will review same, although Mr. Schondebare advised the franchise agreement provides that the Town cannot withhold approval unreasonably. 9:30 A.M. - Edward Siecjmann and Marble Drape, Mattituck Senior Citizens Club, met with the Board to discuss the purchase of the Baxter (Fort Corchaug) property. Mr. Siegmann said the senior clubs are concerned about the lack of tax revenues if the property is taken off of the tax rolls. The Board advised Mr. Siegmann and Mrs. Drape that the Open Space, Preservation monies would be used should the purchase be approved, monies approved by the voters on a referendum in 1987. They advised that this is one of the last rema~'ning unspoiled pieces of property and site of an Indian fort on Lon9 Island.--At this same time the Board heard from John Alshaefer, aid to Suffolk County Legislature Presiding Officer Blass, who advised that Mr. Blass put a resolution before the Legislature on June 27, 1989, urging them to put the property into the Farmland Preservastion Pro9ram. It is on the National Historical Register. The Board asked Mr. Alshaefer to assure Mr. Blass they he has their wholehearted support. Also present to speak in favor was Walter Smith, President of the Archeological Society, William Golder, a former president, Jim Grathwohl, Chairman of the Save Fort Corchaug Committee, who introduced Myra F. Case and Bill Peters, and stated that Fort Corchaug is the best preserved fort on the east coast. Ronnie Wacker, President of the North Fork Environmental Council, informed the Board that the Town Board has the NFEC's total support. 10:30 A.M. - John Holzapfel, Chairma'n of the Conservation Advisory Council, met with the Board to discuss to urge the designation of an individual to spend a full day a week addressing environmental issues on behalf of the CAC. The money for such a person 432 JULY 5, 1989 was approved in their 1989 budget, and they have applied for a grant to supplement the funds. He said that CAC members Dan Kujawski and Bruce Louck have agreed to share the job, each having expertise in certain fields of concern. The Board asked Mr. Hotzapfel to prepare a proposal for a fair hourly rate for the position and submit it to the Board for approval. 10:45 A.M. - For Discussion Items (continued): (9) Appointment of Trustees for the Town of Southold Employees Health Benefit Plan was put on the agenda for a resolution. (see resolutions 23(a) (b) (c), but was held after further discussion later in the day). (10) Decision on the grievance of Victor Lessard was discussed in executive session at 3:30 P.M. with Town Attorney Schondebare. (11) Receipt of an appraisal on the Carey Tank Farm property, Mattituck - this was also discussed with Town Attorney Schonde~re later in the day an Executive Session. (12) Reappointm'ent of Robert Villa t6 the Wat Advisory Committee (see ~esolution no.' 24). (13) Summary of existing recycling effol at Southold Landfill was reviewed by George Desmarais, H2M Group, at 2:20 P.M. (14~ - Discussion with respect to payment of the necessary fees for ten Southold Town Life- guards to receive their CPR certification (see resolution no, 25). (15) Receipt of bids for transporting sand from Brecknock Hall to the Landfill. This will be discussed further at 2:20 P.M. with George Desmarais. (16) Set date to interview applicants for the vacant position on the Board of Assessment Review - supervisor to set a date and notify Board members. (17) Letter from Suffolk County Legislature Presiding Officer Blass in response to a letter from Supervisor Murphy, advising that the County has no jurisdiction with respect to phasing out school taxes paid on Robins Island; it would require enabling legislation from the NYS Legislature. (18) Letter from Suffolk 'Cou'nty Legislature Presiding Officer Blass asking the Town Board if they have any plans to provide funding for the Eastern Suffolk School of Music.--The Board will consider the request at the time they prepare the 1990 Budget. (19) Request from Valerie Scopaz, Town Planner, to issue a press release requesting public input on the Local Waterfront Revitalization Program.--The Town Board feels it would not be productive at this point, and the public will be given an opportunity to comment at the public hearings to be held later this year when the draft document is completed. (20) Letter from the NYS-DEC, Regional Supervisor Richard C. Ryan, asking the Board to enact a resolution to dedicate and thereby preserve the wetland character of the Town's three parcels of wetlands in the Long Beach Bay area, and also allow for future joint-management of the same by the Town and the State.--This was dis- cussed Jater in the day with Town Attorney Schondebare who suggested they wait for a management plan from the Deputy Commissioner for Natural Resources Bob Binnewie?-"- 11:00 A.M. - Stan Stewart, Czyzyk & Eno Aquacultural Consultants, along with two mariculture experts, met with the Board to discuss reopening the "Plock property" Bayview, Southold, as a shellfish culturing facility. When it was revealed that they are almost into contract on the property, the Board was forced to terminate the discussion. They said they fully support mariculture, but cannot aid in negotiations. Mr. Stewart was encouraged to speak with the NYS Dept. of Economic Development to determine whether there is funding available for such a project. 11:15 A.M. - Off Agenda Items: Councilwoman Cochran: Cited the need for a weekend Beach Manager. The Scavenger Waste Plant is going down hill fast--this will be discussed with George Desmarais at 2:20 P.M.--Need to exempt building permits and wastewater disposal permits for the Town of Southold/North Fork Housing Alliance 14 affordable houses being built in connection with the NYS Affordable Housing Grant (see resolution no. 27). Justice Edwards: Recommended a stop light at Orient Point to allow a smooth- er flow. of traffic from the ferry. Councilwoman Oliva: Recommended posting property being considered for a change of zone to inform the public--Town Attorney is working on a local law for same.--Appointment of a Town Engineer was discussed. Board will appoint Ke Chen at their July 18th meeting. Councilman Penny: Reported that he met with the Mattituck Park District Commissioners recently concerning a joint venture for a boat ramp at the head of Mattituck Creek. They are agreeable and will refer it to their attorney. Councilwoman Cochran advised that this has not been a favorable approach in the past. Objections have been: increased pollution at that end of the creek, .damaging wave action from boats, length of time to reach the Sound, excessive__ noise. She said her Parks Committee has been looking at this site as a rest area. 12:35 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened and the Board audited outstanding vouchers. 2:20 P.M. - George Desmarais, P.E., Holzmacher, McLendon & Murrell, P.C., met with the Board to review the Final Environmental Impact Statement relative to the Solid Waste/ S!u~ge Composting Facility to be constructed at the Landfill site, Cutchegue. Upon '.completion of the review the majority of the Board members wished to place a resolution (no. 28) on the agenda declaring the FEtS complete. Councilman Penny asked for additiona! time to review the FEIS.---Mr. Desmarais reviewed the summary of existing recycling efforts at the Landfill, and the sched~Jle of events for recycling practices in the Town.-- Also discussed as Mr. Desmarais' report on his latest inspection at the Scavenger Waste Plant. He has submitted a schedule for corrections to the Village and will met in a month to review the corrections. JULY 5, 1989 433 EXECUTIVE SESSION - 3:00 P.Mo On motion of Councilwoman Cochran, seconded by Councilwoman Oliva, it was resolved that the Town Board enter into executive session. Vote of the Board: Ayes: Ail.---Also present: Town Attorney Schondebare.---Discussed: appraisals and negotiations with respect to the Carey Tank Farm; grievance of Victor Lessard with respect to his salary set in September 1988.---Also discussed were the grievances of Michael Caprice, Paul Grattan, and Suzanne Walden. 4:30 P.M. - Town Board reviewed proposed resolutions for the regular meeting. 5:10 P.M. - Work SeSsion adjourned. REGULAR MEETING 7:30 P.M. A Recjular Meeting of the Southold Town Board was held on Wednesday, July 5, 1989, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Murphy opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. 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 Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY: The first item on the agenda is a resolution approving the audit of the bills of July 5, 1989. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the followincj bills be and hereby ordered paid: General Fund, Whole Town Bills in the amount of $73,550.68; General Fund, Part Town bills in the amount of $6,299.39; Nutrition Fund bills in the amount of $873.47; Com- munity Development Fund bills in the amount of $9,991.00; Highway Fund, Whole Town bills in the amount of $6,685.08; Highway Fund, Part Town bills in the amount of $42,560.63; Fishers Island Ferry District bills in the amount of $118,356.30; Fishers Island Sewer District bills in the amount of $539.52; Southold Wastewater District bills in the amount of $17,329.17; Southold Agency & Trust bills in the amount of $4,929.17; Fishers Island Ferry District Agency & Trust bills in the amount of $101.10. 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: Next is a resolution approving the minutes of the Town Board meeting of June 20, 1989. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the minutes of the June 20, 1989, rec~ular Town Board meetinq 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 meeting date July 18, 1989, 3:00 P.M., Southold Town Hall, I offer that resolution. Moved by Supervisor Murphy, seconde~l by Councilwoman Cochran, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, July 18, 1989, at the Southold Town Hall, Main Road, Southold, New York. 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: At this time, we have a very special resolution, that I would like to read. 4 3 4 Moved by Supervisor Murphy, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby desicjnates The Prince Buildinq, owned by Mr. and Mrs. Arthur G. Gossner, as a Southold Town Landmark, said structure located on the north side of NYS Route 25, west of Youngs Avenue, Southold, (Suffolk County Tax Map No. 1000-061-02-10.3), all in accor- dance with the recommendation for designation by the Southold Town Landmark Preservation Commission, and acceptance of said designation by Mr. and Mrs. Gossner. 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: At this time I'd like to ask John Stack of the Landmark Preservation Commission to stand up, and I believe you have a presentation. JOHN STACK: Thank you. I'd like to present this lovely certificate to the Gossners and to congratulate them on reaching the status for a very wonderful, lovely building. We hope it's with the Town many, many years. SUPERVISOR MURPHY: I thank the both of you on 'behalf of all the people in the Town for participating in this program that way. Very nice. I. REPORTS. SUPERVISOR MURPHY: We'll move on to the first item on your agenda is reports, and they are all on file in the Town Clerk's Office for anyone who would like to read them. and 1. Board of Town Trustees Monthly Report for May, 1989. 2. Report of Special Groundwater Protection Area for June 19, 1989. 3. Fishers Island Ferry District Financial Statements for December 31, 1988 1987. 4. Southold Town Audit Report for December, 1988. 5. Supervisor's Monthly Budget Report for April 30, 1989. 6. Southold Town Audit Report, Receiver of Taxes, April 10, 1989. 7. Suffolk County Girl Scout Council Anual Report for 1988. 8. Building Department Monthly Report for June, 1989. 9. Community Development Monthly Report for June, 1989. 10. Recreation Department Monthly Report for June, 1989. 11. Southold Town Dog Shelter Monthly Report for June, 1989. 12. Scavenger Waste Treatment Facility Monthly Report for June, 1989. 13. Town Clerk's Monthly Report for June, 1989. SUPERVISOR MURPHY: At this time, I would like to ask the Councilmen if they have anything special to report, starting on my right with Ruth Oliva. COUNCILWOMAN OLIVA: Thank you, Frank. On June 21st, some members of the Town Board met with various personnal down at the DEC, concerning the Hallock's Bay acquisition. It was a good discussion, and I'm sure George will have more to say about it. We will have a meeting, I think George has called tomorrow night to discuss what the DEC has told us concerning those property owners that do have problems about selling it to the State. On June 21st, we had a Commerce and Industry Committee. We discussed the Suffolk County Water Authority. We discussed wineries. As far as having tourist accomodations, they wish the people representing the wineries want to procede rather slowly with it, but we will move forward on that. We discussed the Laurel Lake Tourist Booth accommodations.There are problems with the plumbing there, making terrible noises, and having a rather odorous smell. Perhaps it's sulphur or something. Then I had to leave and George took over from there. On June 23rd, we had a meeting down at the Suffolk County Office in Riverhead with Greg Blass about Fort Corchaug, how the County is going appropriate $500,000, perhaps for next year's bond preservation program to add to the million and a half that they alread~ have, and that the Town would put a million dollars of our open space money to ~ buy the fee title, and preserve the whole 104 acres. We will have to lobby the legislature. This will come up on August 15th, and we will have another meeting with Greg Blass the end of this month to see what we can help him do. On June 26, I attended the Greenport Utility Committee meeting. On June 28th, we had a Water Advisory Committee meeting with the Suffolk County Water Authority, and they just went on to explain what they hoped to do here as far as planning. 'They are looking for a data base for knowledge from us here as far as any old tanks are concerned, where any gas stations used to be, where there could be sunken tanks, that there would be no leakage. They can get the figures then from the Suffolk County Board of Health Services as far as any pesticide contamina- tion. They are very interested in acquiring property around the Laurel Lake area, which we were able to get into the County's core watershed protection area, which qualifies it for quarter percent funding, so that hopefully atleast around the Laurel Lake area, there will be a good water shed area, perhaps with a well 4 3 5 site there to supply the Captain Kidd' pe6ple~ They are having terrible problems with the water up there, and Suffolk County Water has spent a-great deal of money up there. On June 28th, we had a Code Committee meeting. We talked about one specific gentleman with his winery. We spoke about posting properties, which will be included in the site plan ordinance. We spoke to the Town Board today, and they were in agreement as far as any zone changes were concerned. Rich Latham of the Planning Board will take it down to the Planning Board. We think it would be a good idea to probably post it for major subdivisions and minor subdivisions, and I think the ZBA would rather do both, perhaps posting and sending letters out, but the main thing is people do not read legal notices, and there can't be a piece in the paper about every projected project that comes along. But this way, and other places do do it, there's a nice big sign that tells you exactly whats going to be done with the piece of property, and when the public hearing will be. So this way everybody will be informed. I'm very delighted about that. We, also, discussed motel units size. it will be on for a resolution for maximum of no greater than 600 square feet. The majority of the Code Committee was for it. We discussed accessory structures. That will be a continuing discussion, and we will be going to trailers and so forth on our next meeting. On June 29th, we had a Landfill Committee meeting about recycling with George Desmarias of H2M. He has drawn up kind of a list of scheduled events, a calender such as it is, because we have to comply by 1992 of 50% recycling, and we hope perhaps by the end of the year to ready to start some sort of pilot program. In the meantime we will be doing more things up at the Landfill. On June 29th, we had a Housing Committee, which the Chairman Jean Cochran will report on. On June 29th, we had a sub-committee meeting of the Marine Code Committee. We are working on that. On June 29th, we had an Open Space Committee meeting where we wholeheartly supported, I should say the Committee supported the acquisition of Fort Corchaug, and we spoke of some other properties that we hope to acquire. That's it, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Ruth. George? COUNCILMAN PENNY: On the 21st, I attended the meeting with the DEC with Bob Binneweis from Albany, and we discussed the Town programs. We discussed Peconic Land Trust. We discussed about every facet that we could think of regarding the acquisition of the properties, or property rights in Orient, and we'll follow up with a meeting with the Orient people, the Orient property owners tomorrow night. On the 21st, also, I attended the meeting of the Mattituck Park District on behalf of the Town Board to talk to the Mattituck Park District about a joint venture between the Park District and the Town regarding use of the Mattituck launching ramp at the end of Love Lane. The Mattituck Park District members there all voiced for it, and said that all they're waiting for now is word from their attorney that it's okay, we can proceed and go ahead with that. So that will be a matter for future negotiations. On the 21st, I caught the tail end, that was a busy night, I caught the tail end of a Commerce and industry Committee meeting, and basically we just kicked around everything that Ruth has already reported on. On the 23rd, we met up at County Center with Greg Blass, and Alan Veratti, and Mike Tuthill from Greg's office, Lance Malomo from Historical Services, Jim Vage, Deputy Planning Director. We've worked basically to develop a long range development plan for Fort Cochauq, that the Town and the County would agree on and they would present to the County Legislature as part of the acquisition. It was a very worthwhile meeting. On the 27th, I met with Ray Jacobs at the site of the Mattituck Park District boat ramp, and Ray will be pre- paring us an estimate of the approximate cost, where the Town to become involved with this and what the maintenance and repair estimates would be on that. On the 27th, also, I met with Rob Berntsson for about an hour to discuss the fine points of the Police contract. We have to prepare a draft memo to the PBA, so that both sides can sign it. On the 27th, we had a Labor Management Committee meeting, and we discussed many personnel items that will come up. On the 28th, I attended the meeting with the Suffolk County Water Authority, on the 28th, also, the Code Committe meeting. On the 29th, we had a Code Committee sub- committee meeting on marinas, and on the 29th I attended the Open Space Committee on behalf of Bill Baxter and the Fort Corchaug property. I have a letter from Bill Baxter authorizing application to the Town for the purchase of his property and I, also, presented a letter to Greg Blass, authorizing the application of the Fort Corchaug property or the Baxter property into the County Farmland Program. We discussed, also, the meeting with the DEC and the Orient wetlands. Just one small followup, I got a call from Bill Baxter about six o'clock tonight, and he is meeting with the Surrogate's Court on the 15th, and he told me that he has absolutely no difficulty in asking them to stall off until the end of August, so that will give us the time we need at the County level, the County Legislature to vote on the acquisition. I'm certain from the way Bill was talking tonight that that's going to go through. My last thing is just that tomorrow night we have the meeting with the Orient wetland property owners, and we'll be here at the Town Hall. That's it. Thank you. SUPERVISOR MURPHY: Thank you, George. Jean? COUNCILWOMAN COCHRAN: Yes, thank you. As a committee member of the Five Eastern Town's Recyclinq Educational Program, I did attend a meeting on June 20th in Southampton at the Town Hall. A great deal of work has to be done in the Committee developing unique ways to get this information out to the public in addition to the standard media procedures. We have another meeting tomorrow night, and hopefully after tomorrow night's meeting I will have much more to report to the Board on that. On the 21st, I also attended the meeting at Stony Brook, which has been very capable reported by my members over there. On the 22nd, I had a Park meeting at Laurel Lake with the contractor who has won the bid to do the seeding and the landscaping, and Mr. Murphy also joined us. We went through some of the work that he Will be responsible for and we have great hopes r for it turning out the way we picture it. On the 23rd, I also attended the meeting' at the County Center with Mr. Blass, which has been reported on. The only thing I would like to do is I would like to thank Walter Smith, president of the Archaelogical Society. I asked him to attend and it was his concept for future development of the Baxter property that was discussed, and I think is being presented to the legislature. What he suggested was the concept of a living, breathing outdoor educational facility with a committee made up of from both our schools and colleges, that it could be worked into the curriculum where these people be college student,or high school students, or elementary students. "[hey have the open space. They could use tenting and they could learn first hand on site what a dig is all about and what is involved, and about the Indians that once owned all this territory. So, Walter, I thank you for your imput. On the 26th, we had a Recreation meeting, just to do some brain storming. We did have Joe Marino from the New York State Department of Youth come down recently, and he wants to meet with us again, because he feels that we are not serving.. I shouldn't say that we are not serving the youth, I should say that he does not feel that the senior/youth building is not used enough by our youth, so we brainstormed in trying to develop some additional programing. It's very difficult to serve our teenage age of youth. It's very easy to develop programs for pre- teens, very easy to develop programs for our seniors, but this is an age group that they're always saying that there's nothing-to do, but when you ask them for imput to help develop programs of what they'd like to do, and nothing happens in that direction either. So it's just a very difficult age to serve, so we're going to be looking at it once again, and trying to find some solutions hopefully. I, also, attended the meeting on recycling with Dr. Epstein and his associate. I felt it was very informative. We had a Housing meeting on the 29th. As you may or may not be aware, the Costello project is moving ahead. They've agreed to give him a contract for water. John still feels he has an obligation to the Town to provide affordable housing, so he is agreeable to working with the Town. There is a grant program where the housing alliance can apply and the State will give a $25,000 grant to each home owner within...actually you apply your grant say for 50 or 35 or how many uou need, and hopefully you get what you need or they'll at least give you some, but John is agreeable to working with that part of the program, so that for the affordable housing units in his development there will be a reimbursement of $25,000 from the State through this grant program. Also, the Committee discussed DBM, which is a housing project for affordable housing in the affordable housing zone on 13oisseau Avenue. Some of the discussion was that perhaps the best way to provide affordable housing and have a control on it in that particular development would be the Town look at the possibility of buying the lots for $25,000, those affordable lots, and being reimbursed from the State through this affordable housing program and the $25.,000 grant. So it's a very feasible way that we could possible do it to bring down the cost of housing for these young people. I think that's about it. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUNCILWOMAN LARSEN: As chairman of the Inland Waterways Committee, I attended the Peconic Bay Task Force workshop on boater pollution. Currently there are 66,000 boats registered in Suffolk County, and that doesn't count all the boats you see from Dover, Delaware. With the 40% increase in boats from 40 feet to 64 feet, a 20% increase in boats 25 feet to 39 feet, most which need a pump out facility. Now these statistics make it sound like we're inundated with boats from 40 to 64 feet, but actually we went from 500 boats registered in Suffolk County to approximately 700 in this 40 to 64 foot .catagory. The State of Washinton includes a leaflet in their voter registration mailing entitled "Pollution Solution". This leaflet explains the advantages of pump out to the boater, boater owners and illustrates the location on a map of the pump out facilities within the State of' Washington, particularly the Puget Sound. Also, included are pictures and documentation of garbage waste and boater pollution on marine life. This was di~cu~,sed as a possible way to implement boater education within the State of New York and Suffolk County. There are currently 210 marinas in Suffolk County, and 21 pump out stations. There is a 350 year history of bass fishing and scallops on the East End. Recent legislation and environmental events have dealt this traditional industry a terrible blow. Towns including Southold are now documenting their mooring areas and identifying the pollution sources associated with boating. People and total coliform coun_ts rise in the summer months, closing areas within JULY 5, 1989 437 a 1500 foot perimeter of marinas to recreational and commercial shellfishing by the State of New Ycrk. Charles Dequ Ifeld fr:°m the Marine Quality Division of the New York State DEC stated that this policy requires areas to be closed seasonally is neccessary because of pollution level is unpredictable. The acreage, average depth of the water, flushing, the number of boats are ali computed in a formula used in national and state programs to close areas directly attributed to collar-oran- from boats. When determining the number of slips and moorings allowed in a given area, it was stressed that the Town own their own bottoms and they grant the permits. If an area is certified for shellfishing and,or is a small embayment, a policy of no mooring expansion is warranted to allow for open waters for shellfish. The DEC is walking a very thin line with the National Shellfish Sanitation Bureau on keeping many thousands and thousands of acres in the State of New York currently open to shellfish. The axe could come down in a huge way very shortly. Marina compatibility with the marine environment was presented by marine designer Dr. Robert Desanto. His topic included how marinas can be designed with minimal environmental impact, state of art dry rack storage, and readily corrected hazardous marina practices. The questions were, how much toxic substances are acceptable for boat maintainance? How much sewage is allowable and how higher algae production is warranted? Storm runoff, '~failure of septic systems all add contribution from parking lots, etc. Planning measures include specs of the part of the zoning regulations, drainage away from the bay, erosior~ control etc, and so forth. This was a repeated topic that I've heard many times, and these measures are all employed in the Town of Southold today under coordinated environmental reviews with the various Boards involved; As usual it was stressed that the solutions lie with local controls of planning and zoning. With increase population, there is an increase pressure on public access. The natural resources of shellfish in the bays itself. Sanitary facilities on shore are extremely important, and should be part of all site plan reviews. Dry rack storage has its plus and minus sides with higher traffic and increase runoff'on the minus side, and upland storage is a plus, relieving the shoreline from increased slips. However, good operators do not have water quality problems, and good housekeeping in essential. So if a marina operator knows how to run his marina, he won't have any problems. The trend in the marine industry today are fewer and larger marinas. This is directly attributed to the regulations which discourage small sizes due to the five year lag time for approvals. Dr. Desanto discouraged the condo marina trend, stating that the marina is an important feature in the public access. He suggested that all Town fees include the cost of environmental inspectors. With the increase of utilization of the resource there's a price involved. With successful management the Towns have no other way around it. Peter Nedham, president of the Marine Association, and an owner of 150 boat slip in Coecles Harbor, Shelter Island, made a presentation how he has worked with the Town of Shelter Island to increase boater awareness and education. He stressed the importance of responsible marine management. The marina owners take their direct responsibility in the amount of discharge, and discussed the problems, of course, associated with marine sanitation device pump out facilities. Suffolk County Department of Public Health, who run the test at Bergen Point made an interesting presentation that formaldehyde, viable organics,ar~monia chlorides and others are on the EPA list of top priority of pollutants that they'd like to eliminate, however these chemicals are used in holding tanks as well as a __, and there is no way to adequately dispose of the waste in the holding tanks as far as impact on the sewer treatment plants go. In terms of enforcement, the U.S. Coast Guard can fine up to $2,000, can give a $2,000 civil penalty for discharges within three miles of the coast. But the bottom line, in my opinion after sitting through a day. of this, is how much money does the government have to spend, and after the money is spent or the various studies, how significantly will the water quality be improved? Obviously people have to understand what they do has a direct impact. You can't toss overboard the negligence in not repairing a gas line. It's only my opinion when the public is committed to solving the problem, the realization that the marir~e resource is fragile and limited, can we fully appreciate that we have to be a gentle people in the terms of shoreline environment. As with many conferences you go to you walk away with more questions than you had answered, and as far as boater pollution. I think it's one of the more minimal impacted areas in term of waterfront management within the Town of Southold. We are looking at our marine zones, and we realize that we have to have marinas. There are going to be certain closures associated with the marinas. We're looking at our mooring areas, and through Waterfront Revitalization Program, I think we've got a good handle on planning for it. During the last Town Board meeting I was not here. I was in Albany as a chaperone with my 11 year old son on a trip that they had to the State Legislature, and Rockefellow Plaza in West Point. We met with Joe Sawicki, who gave the fifth grade class of Southold School a wonderful tour. All of the fifth graders got to sit in the assembly chamber itself, and sit at the desk, because it wasn't in session, which was a rare privilege, and one of the children asked Legislator Sawicki what he thought about the garbage, and Joe had to refer that question to me because it was dealt with on a town level, but I had to remind him that it was as a result of a legislative action in 1983 that the Town had to close down their landfill. I, also, had the opportunity to do a little bit of lobbying on the land transfer tax, that the five east end towns have been workinq on for, I believe, six years, and what it would do, would allow a public 438 JULY 5, 1989 referendum to implement a 2% land transfer tax on house sales over $150,000.00 for open space. I met with the sponsor of the bill and was somewhat disappointed on his lack of enthusiasm as a sponsor. I met with the head of the local government committees, who chair the committee that this bill has to come out of, Mr. Becket and Mr. Graber, and they were very enthusiastic and very responsive, but evidently once again, for the sixth year in a row, this bill is not going anywhere. I've had several meetings over the past several weeks with Scott Dobinger, who is our intern from Cornell and is writing the final draft waterfront revitalization program for the Town. He has discussed some concerns regarding the preparation with him, and helped him with several problems on a few different occasions. I, also, participated with Ken Reeves, our recreational director, while Jean was in Europe to hire our beach attendants and lifeguards for the summer. I must comme~ on the caliber of applicants we had. We received more applicants that we were able to hire. Ail of the applicants where very good, and I hope the enthusiasm continues for the next few years. The other meetings in the last two weeks I'm sure were reported on by the Town Board while I wasn't here. I, also, attended the committee meeting of the Waterfront Revitalization, the CAC of the Local Water- front Revitalization program were we went into some real specifics on the final for this draft. Ruth reported very nicely on the meeting that we had with the Suffolk County Water Authority. The Code Committee meeting. I, also, attended a meeting with Jean, which she reported on on Laurel Lake. The Landfill waste and recyclying meeting. There are reports on that available in the Town Clerk's Office. Also, the Housing Committee meeting which Jean reported on. The Code Committee sub- committee meeting, which Ruth has reported on, and last but not least I took a trip to Fishers Island, which is always a pleasure with Bay Constable and Scott Dobriner. We were met by John Clavin, who gave us a very thorough tour of Fishers Island. We toured the complete waterfront to do inventory for the project with writing. We met with many people on the Island. l'd like to thank all of them. Heard a few complaints about the Town and different things that they'd like us to do for them. I promised I'd pass them on, but not right now. Thank you. SUPERVISOR MURPHY: Thank you, Ellen. Raymond? JUSTICE EDWARDS: Walsh Park, our affordable housing on Fishers Island, is started off. They're starting to cut the roads in, and we're looking forward to having some buildings in there probably the end of the summer, beginning of fall, and on the 28th, a week ago today, I had to fly over here to Long Island for some justice business, and I can honestly that the trooper that we've had on the Island since the 1st of May has been doing a bang-up job over there, which he was asked to do, and very active. This morning I did not fly over. I had to get the 8:15 ferry out of Fishers to New London, just about caught the 9:00 to Orient. Had a nice ride in with Bob Wendell and I was a little late for the Town Board meeting, but anyway here I am. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Raymond. As you can see the Town Board has been very busy, and this is constant. I would just like to make a couple of comments. One is on the core watershed area. We're very pleased that the west end of the Town was included, and hopefully now the east end, east of Mattituck Inlet will be included. As Ellen mentioned the land transfer tax is dead. Again it got held up in committees. We worked very hard trying to get it out. We w~re promised it was going to get out, but I would have to say publicly that our assemblyman Joe Sawicki, we can be very proud of. He did a tremendous job, and I don't know who was more frustrated, he or I. One very important meeting a week from tomorrow night, down in the Rec. Center, 2:00 o'clock in the afternoon, 7:00 o'clock at night, informational meeting on composting. All aspects of it will be explained to people. Letters have been sent out. Press releases have been given to the radio stations and newspapers, and this is an opportunity to learn exactly what composting is, what it can do, and what it's limitations are, to discuss c.ost., and to discuss the process that we're going to have there, and I would also .like to compliment Councilwoman Jean Cochran on her perserverenceo We are moving__ along very well on affordable housing. It probably is one of the most frustrating things for the entire Town Board, but we are making progress, and I thank you, Jean, for you perseverance. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to Item II, public notices. There are two. They are posting on the Town Clerk's Bulletin Board. We in particular concerns Southold Fire District on the setting up of an ambulance service. It will be held on J~tly 24th, 11:00 A.M., Southold Town Hall. 1. Suffolk County Office of Handicapped Services: Notice of seminar on County government job opportunities for people with disabilities. Dates scheduled: September 13, 1989, 1:00 P.M. to 4:30 P.M. at Suffolk County Legislature Auditorium, Hauppage. September 14, 1989, 9:30 A.M. to 12:30 P.M. at Suffolk County Auditorium, Riverhead. RSVP by July 14, Office of Handicapped Services at 348-5486. 4 3 9 2. Nassau-Suffolk Reqional EMS ~o. Uncil, N~tice of Public Hearing to act upon an application submitted by the Southold Fire District/Southold Fire Department seeking permission to establich emerqency ambulance service; on July 24, 1989, 11:00 A.M. at Southold Town Hall, Southold, N. Y. Questions to Mr. Larkin, 34~-2826. 111. COMMUNICATIONS. SUPERVISOR MURPHY: There was one communication, an expression of apprecia- tion for a proclamation we gave. 1. FredericM. Mayer, President of the New York State Association of Realtors, Inc., conveying to the TOwn E~oard sincere thanks and appreciation for the Town Proclamation dated June 14, 1989. IV. PUBLIC HEARINGS. (None.) SUPERVISOR MURPHY: There are no public hearings. V. RESOLUTIONS. SUPERVISOR MU~RPHY: Moving on to Item V, resolutions. At this time I'd like to remind the audience that if anyone would like to address the Town Board con- cerning any proposed resolutions, you may do so at this time. We'd ask you to limit it to any of the proposed resolutions, and at the end of the meeting before we close, we'll be open to any other comments to the Town Board on anything that is effecting you. So at this time, is there anybody in the audience who would like to address the Town Board on any proposed resolutions? (No response.) Over on the left? In the middle? (No response.) Any Town Board members? (No response.) If not, we'll move on to number one resolution, an appointment of the position of Account Clerk. 1.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ortrud Hanus to the position of Account Clerk, from the Suffolk County Department of Civil Service Certification of Eligibles, effective July 6, 1989, at a salary of $21,578.00 per annum. 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 appoint Melissa Kraehling as Work/Study Clerk in the Office of the Town Clerk, effective June 27, 1989, salary of $5.00 an hour. This is a work/study program that we have with the three high schools. We take one of their students, and I will say that we've been most fortunate that all the young people that we've had in the three departments where they come into, have been absolutely fantastic, and it's a wonderful program. 2.-Moved by Supervisor Murphy, seocnded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Melissa Kraehlin~ as Work/Study Clerk in the Office of the Town Clerk, effective June 27', 1989, at a salary of $5.00 per hour. 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 three we're going to hold. (Engaging the services of Richard A. Winters to conduct an appraisal on behalf of the Open Space Committee.) Number 4, we're going to hold.(A resolution authorizing payment to Ke Chen, applicant for Town Engineer, for expenses incurred during his trip to Southold for his interview.) Number 5 is a budget modification. 5.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1989 Budqet for the pending purchase of a new vehicle for the Town's senior citizen program under the Integrated Respite Care System contract: To: Revenues A2750 Suffolk County Grant $11,250.00 Appropriations A6772.2 Programs for the Aging, Equipment $11,250.00 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. 440 JULY 5, 1989 SUPERVISOR MURPHY: Number 6 is to grant permission Southold Fire Department and their racing team to use Town roads for their 19th annual old fashioned parade and drill on Saturday, August 12th. 6.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Fire Department and Southold Fire Department Racing Team, First Settlers, to use the following Town Roads for their 19th Annual Old Fashioned Parade and Drill, on Saturday, August 12, 1989, at 6:00 P.M. (rain date: Sunday, August 13, 1989, at 1:00 P.M.); provided they file with the Town Clerk a Certificate of Insurance covering the Town of Southold as a named insured: Main Bayview Road, Ackerly Pond Lane, Jockey Creek Drive, as well as the muncipal parking -- area behind the fire house and the access roads to the East and West of the fire house. 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 a determination on the environment, of a non-significant effect on the environment 7o-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. Description of Action: Amendincj Chapter 100 (Zoning) of the Code of the Town of Southold, to add Wineries to all districts except the Marine Districts, R-40 and AHD. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form as been submitted and reviewed and the Town 13oard has concluded that no significant adverse effect to the environment is. likely to occur should the project be implemented as planned. 7.-Vote of the Town 13oard: 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 transmit that proposed Local Law to the Suffolk County Department of Planning, Southold Town Planning Board. I offer that resolution. 8.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, 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 :(Adding wineries to all districts except the Marine District, R-40 and AHD); 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 13E 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 ~mended as follows: 1. Section 100-31.B(13) is hereby amended to read as follows: (13) Wineries for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. 2. Section 100-42.B is here amended by adding thereto a new subsection (4) to read as follows: (4) Wineries as set forth and regulated by Section 100-31.13(13) of the Agricultural Conservation District. 3. Section 100-61.B(1) is hereby amended to read as follows: (1) Any special exception use set forth in and as regulated by Section 100.31.B(1), (6), (7), (13) and (14) of the Agricultural Conservation District. 4. Section 100-71.13 is hereby amended by adding thereto a new subsection (6) to read as follows: (6) Wineries · 5. Section 100.81.13(1) is hereby amended to read as follows: " (1) Any special exception use as set forth in and regulated by Section 100-31.B of the Agricultural Conservation District, except wineries are not required to be in connection with a vineyard. 6. Section 100-91.B is hereby amended by adding thereto a new subsection (10) to read as follows: (10) Wineries JULY 5, 1989 7. Section 100-101.B(1) is hereby amended to read as follows: (1) Any special exceptio~"~ a~ set forth in and regulated by Section 100-31.B(2) to (13), except wineries are not required to be in connection with a vineyard. 8. Section 100-131.B is hereby amended by adding thereto a new subsection (14) to read as follows: (14) Wineries 9. Section 100-141.B is hereby amended by adding thereto a new subsection (3) to read as follows: (3) Wineries I1. This Local Law shall take effect upon its filing with the Secretary of State. 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 a determination of a significant effect on the environment. 441 9.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy, WHEREAS, Jem Realty Co. has heretofore applied to the Southold Town Board for a change of zone from R-80 Residential Low-Density District (two-acre minimum) to HD Hamlet Density Residential District on Certain property located on the northerly side of North Road (NYS Route 25), east of Sound Drive, Greenpo-t; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conserva- tion Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action proposed is unlisted and is likely to have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, Jem Realty Co. of this determination, and further request said applicant to prepare a Draft Environ- mental Impact Statement, all in accordance with said law, rules and code. 4. In accordance with Chapter 44, SEction 20 and Part 617 NYCRR, the appli- cant is required to defray the cost of reviewing the Draft Environmental Impact Statement, which included a scoping session, therefore, the Town Board determines that a deposit of $2,000.00 shall be paid to the Town Clerk prior to the date of the scoping session. COUNCILWOMAN LARSEN: Can we just make sure that Cramer & Voorhis know to notify the Town Board, since this is the first scoping session they're going to do, so they're aware. TOWN CLERK TERRY: Good point. Will do. 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 another determination of significant effect on the environment. 10.-Moved by Justice Edwards, seconded by Councilwoman Cochran, WHEREAS, Emanual Kontokosta has heretofore applied to the Southold Town Board for a chanqe of zone from R-80 Residential Low-Density District (two-acre minimum) to HD Hamlet Density Residential District on certain property located on the westerly side of Boisseau Avenue, south of Middle Road (CR 48), Southold; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conserva- tion Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action proposed is unlisted and is likely to have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, Emanual Kontokosta, of this determination, and further request said applicant to prepare a Draft Envion- mental Impact Statement, all in accordance with said law, rules and code. 4. In accordance with Chapter 44, Section 20 and Part 617 NYCRR, the applicant is required to defray the cost of reviewing the Draft Environmental Impact Statement, which includes a scoping session, therefore, the Town Board determines that a deposit of $2,000.00 shall be paid to the Town Clerk prior to the date of the scoping session. 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. 442 JULY 5, 1989 SUPERVISOR MURPHY: Number 11 is to authorize the reduction in the bond estimate for Sunbeau Associates from $169,000.00 to $99,150.00, and to accept the new letter of credit. [ offer that. ll.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the reduction of the bond estimate of Sunbeau Associates from $169,155.00 to $99,150.00, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Co nsulting Engineers; and be it further RESOLVED that the Town Board accepts the current Letter of Credit in the amount of $169,155.00, as requested by the property owner, as a bond for roads and improvements in the Sunbeau Associates subdivision. 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 a grant of scenic easement. 12.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, an agreement was entered into between John B. Tuthill, as grantor, and the Town of Southold as grantee, providing for a grant of scenic and conserva- tion easement, said instrument dated the 30th day of May, 1973;and WHEREAS, said instrument was duly recorded in the office of the Clerk of the County of Suffolk, at Liber 7416 page 386; and WHEREAS, pursuant to paragraph number 7 of said instrument, if the property be condemned or taken by eminent domain the agreement would cease; and WHEREAS, the New York State Department of Environmental Conservation had indicated its willingness to obtain the subject premises by condemnation if necessary; and WHEREAS, a "friendly condemnation" settlement has been reached between the New York State Department of Environmental Conservation and John B. Tuthill, whereby the DEC will purchase a portion of the subject property and a remaining portion will be retained by John B. Tuthill, said remaining portion constituting an area of natural scenic beauty and whose existing openness, natural condition, or present state of use if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation- of natural and scenic resources; and WHEREAS, the Town Attorney's Office has advised in writing to the grantor, or his successors, that it makes no representations regarding the taxation conse- quences which may arise from any government agency as a result of the release of said agreement. NOW THEREFORE BE IT RESOLVED,. the the_Sgp,_e_ry!s._o_r, is._dLr..ec~t_e._d_to._ execute a release of the original grant of scenic and conservation easement recorded at Liber 7416 page 386, in the Office of the Clerk of the County of Suffolk; and BE IT FURTHER RESOLVED, that the Supervisor is hereby directed to execute an agreement for a grant of scenic and conservation easement with John B. Tuthill covering those premises in the original easement which are not being transferred to New York State. 12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Co~Jncilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to authorize the Supervisor to execute a release of orginal grant of scenic and conservation easement and execute a new agreement for a grant of scenic and conservation easement, the same as Ruth just read with Diana Latham. I offer that resolution. 13.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, an agreement was-entered into between Roy Latham, as grantor, and the Town of Southold, as grantee, providing for a grant of scenic and conserva- tion easement, said instrument dated the 25th day of July, 1978; and ~ WHEREAS, said instrument was duly recorded in the office of the Clerk of the County of Suffolk, at Liber 8473 page 41; and WHEREAS, pursuant to paragraph number 7 of said instrument, if the property be condemned or taken by eminent domain the agreement would cease; and WHEREAS, the New York State Department of Environmental Conservation had indicated its willingness to obtain the subject premises by condemnation if necessary; and -WHEREAS, a "friendly condemnation settlement has been reached between the New York State Department of Environmental Conservation and the successor in title to Roy Lath~namely Diana Latham, whereby the DEC will purchase a portion of the subject property and a remaining portion will be retained by Diana Latham, said remaining portion consituting an area of natural scenic beauty and whose existing openness, natural condition, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources; and 5, 1989 4 4 3 WHEREAS, the Town Attorne~ 0~i~ ~'s ~dviSed'in writing to the grantor, or his successors, that it makes no representations regarding the taxation consequences which may arise from any governmental agency as a result of the release of said ag reement; NOW THEREFORE BE IT RESOLVED, that the Supervisor is directed to execute a release of the original grant of scenic and conservation easement recorded at Liber 8473 page 41 in the office of the Clerk of the County of Suffolk; and BE IT FURTHER RESOLVED, that the Supervisor is hereby directed to execute an agreement for a grant of scenic and conservation easement with Diana Latham covering those premises in the original easement which are not being transferred to New York 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 amend a prior resolution. 14,-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 1, adopted at a special meetincj held on May 24, 1989, to read as follows: WHEREAS, approximately one hundred and four (104) acres of undeveloped vacant land currently located in the Town of Southotd is currently owned by William J. Baxter; and WHEREAS, preservation of this. parcel wou~d contribute to stabilizing the water chemistry of, and otherwise protect the ecological integrity of the great Peconic Bay because this parcel of land borders Downs. Creek along almost its entire western side and lies immediately north of where this important drainage joins with the Great Peconic Bay; and WHEREAS, such parcel of land constitutes one of the last vestiges of open space within the entire Town of Southold available for public acquisition for open space purposes, the only known site of an Indian fort on Long Island not significantly disturbed by development and which was a defensive installation for the Corchaug Indians, one of thirteen (13) subtribes of the Algonquin culture located on Long Island at the time of the first contact with new settler, s; and WHEREAS, Charles F. Goddard, founder of the Southold Indian Museum, had made extensive exploration of the fort in the early part of the Twentieth Century, con- ducting an excavation which has yielded many Indian artifacts as well as colonial trade pipes and brown-glazed colonial utilitarian objects; and WHEREAS, William J. Baxter may be willing to sell such property; and WHEREAS, the following parcel was approved for preliminary planning steps and ultimate inclusion in Suffolk County Farmland Preservation Program: Suffolk County Tax Map Number: District 1000, Section 116o00, Block 01.00, Lot 003,000, Acres: 104, R~puted Owner: William J. Baxter, c/o Baxter Bros., Inc., Elijahs Lane, Mattituck, New York 11952; and WHEREAS, the Commissioner empowered, and directed to and WHEREAS, the Commissioner empowered, and directed to WHEREAS, the cost of such of the County Department of Public Works are authorized, have surveys and maps prepared for the subject parcel; of the County Department of Real Estate was authorized, have the subject parcel appraised; and surveys, maps and/or appraisals, if any, shall be paid from the funds appropriated pursuant to Resolution No. 1540-1988; and WHEREAS, any acquisition of such land shall be subject to the appropriation of sufficient funds pursuant to Suffolk County Farmland Preservation Program, and subject to explicit legislative authorization and approval of such acquisition via subsequent duly enacted resolution; and WHEREAS, any acquisition of such land shall be subject to participation of the Town of Southold with Town of Southold Open Space appropriation funds as authorized by voter referendum in November of 1987; now, therefore, be it RESOLVED that the Town of Southold will participate in a joint venture with the Count~ of Suffolk for the purchase of the William J. Baxter property, which purchase will lead to the preservation of the site known as Fort Corchaug; and be it further RESOLVED that the Suffolk County portion of the funding for the aforesaid purchase shall be Two Million Dollars, and the Southold Town portion will be limited to One Million Dollars. 14.-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 15 is to grant permission to Police Chief Dan Winters to attend the International Association of Chiefs of Police Annual Training Con- ferenc~ on October 14,15,16,17,18,19. I offer that resolution. 15.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby cjrants permission to PoliCe Chief H. Daniel Winters to attend the International Association of Chiefs 444 of Police Annual Training Conference at Louisville, Kentucky, on Octover 14,15,16, 17,18,19, 1989, and the necessary expenses for travel, meals and lodging shall be a legal charge against the Police Department's 1989 budget. 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 appoint Cynthis Jenkins as a Water Safety Instructor for the 1989 season, $12.00 an hour, 20 hours a week. 16.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Cynthia Jenkins as a Water Safety Instructor for the 1989 summer season, at a salary of $12.00 per hour, 20 hours per week,, for a total of eight weeks. 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 Butch Lewis as a lifeguard for the 1989 summer season, a salary of $7.00 an hour. 17.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Butch Lewis as a. Lifequard for the 1989 summer season, at a salary of $7.00 per hour. 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 a non-significant determination of a change of zone. 18.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the · Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. ~ Description of Action: Proposed change of zone, on the Town Board's own motion, on the parcel of land owned by Richard Carr, under tax map No. 1000-122-5-4, from Hamlet Density (HD) Residential District to Low Density Residential R-40 District. The project has been determined not to have a significant effect on the environment because an Environmental 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, inasmuch as the density allowed in the Hamlet Density (HD) Residential District is greater than the density allowed under the Low Density Resiential R-40 District, therefore the change of zone will not have a detrimental effect on the environment, but rather will be an improvement thereon. 18.-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 19 is to transmit this zone change to the Town Planning Board and Suffolk County Department of Planning. ] offer that resolution. 19.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, this Board deems it in the public interest and in the promotion of the health, safety, morals or general welfare of the Town of Southold that certain premises at New Suffolk Avenue and Camp Mineola Road, Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Tax Map No. 1000-122-5-4, owned by Richard Carr, hereinafter more fully described, be rezoned from Hamlet Density (HD) Residential District to Low Density Residential R-40 District; NOW, THEREFORE, BE IT RESOLVED that the Zoning Code of the Town of Southold including the Zoning Map forming a part thereof, be amended by the Town Board on its own motion by changing from Hamlet Density (HD) Residential District to Low Density Residential R-40 District, the following described premises: ALL that certain plot, piece or parcel of lar~d, situate, lying and being in Matticuk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ' BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of- w~y sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; RUNNING THENCE along the easterly side of said right-of-way the following three (3) courses and distances: feet; JULY 5, 1989 445 19. (1) South 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; THENCE along said land, North 86 degrees 47 minutes 40 seconds East 300.00 THENCE South 8 degrees 00 minutes 20 seconds East 98.19 feet; THENCE North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; THENCE along said land the following two (2) courses and distances; (1) North 7 degrees 31 minutes 10 s~conds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; THENCE along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 deg,-ees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. ~ AND BE IT FURTHER RESOLVED that the town Clerk be and she hereby is authorized and directed to transmit this Resolution to the Southold Town Planning Board and the Suffolk County Department of Planning all in accordance with the Code of the Town of Southold and the Suffolk County Charter. -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 20 is to request a New York State DOT to do a speed survey in the East Cutchogue area. 20.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Transportation to conduct a speed survey, for the pur- pose of reducing the speed limit, in the East Cutchogue area, 'south of Route 25, said survey to include the Skunk Lane and Little Neck Road area. 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 execute an agreement between the County and the Town, Suffolk County Department of Aging on the Adult Day Care Program. I offer that resolution. 21.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the County of Suffolk, Department of Aging, and the Town of Southold for the Senior Adult Day Care Program, for the period April 1, 1989 through March 31, 1990, at an agreement cost of $25,604°00, all in accordance with the agreement as approved by Town Attorney Schondebare. 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 24 is to reappoint Bob Villa as a member of the Southold Town Water Advisory Committee for a five year term effective July 3, through July 3, 1994. 24.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Robert A Villa as a member of the Southold Town Water Advisory Committee, for a five (5) year term, effective July 3, 1989 through July 3, 1994, he to serve in said position without compensation. 24.-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: I would like to just comment on Bob, for the record. He's been on since the inception of this committee and through his expertise and his job with the Health Department, has been a very valuable member. TOWN CLERK TERRY: That was 24 you just did, and missed 22, which is all right, maybe we can make Maureen come back. SUPERVISOR MURPHY: Number 23 we h~ld. (Number 23a create Board of Trustees for the Southold Town Self-Insurance Health Program. Number 23b appoint individuals to the Board of Trustees of the Southold Town Self-Insurance Health Program. Number 23c authorize Supervisor to execute an agreement with the Board of Trustees for the Southold Town Self-Insurance Health Program.) Number 22 is to accept with regret the resignation of Maureen Meehan as a Work/Study in the Office of the Town Clerk, and wishes her much success and happiness in the college years ahead. 22.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby accepts with regret, the resicjnation of Maureen Meehan, Work/Study Clerk in the Town Clerk's Office, and wishes her much success and happiness in her college years, ahead, 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 25 is to authorize payment of the fees for our lifeguards to receive their CPR certification. 25.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes payment of the necessary fees for ten (10) Southold Town Lifecjuards to receive their CPR certification: Eight (8) for Basic Life Saving course at a cost of $20.00 per person, and two (2) for recertification at a cost of $15.00 per person. 25.-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 26 is a decision on proposed Local Law No. 13. 26.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 13 - 1989 was introduced at a meeting of this Board held on the 11th 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. 13 - 1989 be enacted as follows: LOCAL LAW NO. 13 - 1989 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 100-61.B(4) is hereby amended by adding thereto a new subsection "e" to read as follows: (e) The maximum size of the guest unit shall be six hundred (600) square feet. tl. This Local Law shall take effect upon its filing with the Secretary of State. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. Abstain: Councilman Penny. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to waive the building permit and wastewater disposal construction permit fees for the 14 Town of Southold/North Fork Housing Alliance affordable houses being built in connection with New York Affordable Housing Grant. 27.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby waives the fees for building permits and wastewater disposal construction permits for the fourteen (14) Town of Southold/North Fork Housing Alliance affordable houses being built in connection with the New York State Affordable Housing Grant. 27.-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 28 the Town Board declares complete Final Environmental Impact Statement on the Solid Waste/Sludge Composing Facility project. 28.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby accepts as complete the Final Environmental Impact Statement with respect to the Town of Southold 447 '~ ' JULY 5, 1989 Solid Waste/Sludqe Composting Facility to be constructed at the existing Town Landfill Site, Cu~choque, New York, and directs the Town Clerk to file a Notice of Completion; the 10-day comment period to commence on July 13, 1989. 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. No: Justice Edwards. Abstain: Councilman Pen,~y. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of our prepared and added on agenda. At this time I'd like to ask any Town Board member, if they have anything further to comment. Ray? JUSTICE EDWARDS: Nothing, Frank. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: No, thank you, Frank. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Yes. I would just like to make a comment. There have been two things that I feel needs a little line of communication between committees or Board members. One is the Laurel Booth in Mattituck. I under- stand, George, that Lois came to your Chamber meeting with the complaint. Mean- while in working with developing the contract with Peter Krennin in relation to the building, the building and grounds. We were working on the water problem, and Jake was taking care of through Kreiger, so we were working on it, and then another Board member goes in the direction of working on it, and I just think there has to begin to be some communication. If something comes to you, and you feel that it '.:could be under Buildinq and Grounds, at least give a yell and that way I can say, hey, no we're not I~andling it, or if you want us to, and so on and so forth. Also, in relation to the boat ramp up in Mattituck where George at the direction of the Town Board went to investigate the feasibility of sharing the boat ramp with the Mattituck Park District. There,again, the Parks Committee is working on the development of that property in another direction, which goes to the Trustees to begin with. I just think that if maybe something comes to your attention or if it comes to mine, and I feel it's your committee, I'm going to throw it in your direction. If you feel that maybe...you know we should at least get a line of communication and we're not working on it or we are. So things go a little smoother and two different committees aren't solving problems in different ways. Thank you. SUPERVISOR MURPHY: Good point. George? COUNCILMAN PENNY: Well, I just want to say that if Jean was addressing me, I 'wasn't doing any acting, because Ruth .. COUI',~CIL?!O~'vIA~ COCHRAN: I'm not addressing you. COUNCILMAN PENNY: Ruth mentioned to Jean the problem and I was told it was being handled, and as far as the direction that I went in the Mattituck boat ramp area, I was given the approval of five members of the Town Board two weeks ago. COUNCILWOMAN COCHRAN: I realize that, George. COUNCILWOMAN COCHRAN: George, please don't feel that I am personally making these statements in any one person's direction. But I'm just stating this, that I think it's better way of work for all committees, I don't care what they are. COUNCILMAN PENNY: I work with the full knowledge, the working knowledge of the Town Board, especially in the Mattituck boat ramp. COUNCILWOMAN COCHRAN: George, I'm not criticizing you. These are two things that happened to fall in the privy of your committees. I'm just saying that the Town Board should have a better line of communication if...you know if I get a call and feel that it's your committee or Ruth's, you know I'll refer the people in that direction, otherwise the right hand does not know what the left hand is doing, and work is being duplicated in two different directions, and I stand on my statement. SUPERVISOR MURPHY: George? 448 448 JULY 5, 1989 COUNCILMAN PENNY: I'd just like to take this time right now to thank Ray Jacobs. Kenny's 13each is in wonderful shape again, and I was going through my memos here and I seem to have lost the letter where the Kenny's Beach Association said that, Kenny's Beach, once, again, we appeared this year by magic, and part of that magic was Ray Jacobs, and working with the County, I went down with Ray Jacobs after the County was going to shut off the funding for the project after about four days, and we decided that we needed a little more time to get more work involved, and Ray went back to John Golde, and got three more days worth of dredging down there in Goldsmith's Inlet area, so Kenny's Beach is beautiful once again. It's nice to see it appear. So I have to agree with Kenny'?~ Beach Association, it was kind of like magic. Thank you. SUPERVISOR MURPHY: Ruth? COUNCILWOMAN OLIVA: I just wanted to say, I was hoping for a little rain because my flowers were getting kind of dry, but I think today was ridiculous in all parts of Ne~ York. Thank you. SUPERVISOR MURPHY: Is there anyone in the audience who would like to address the Town Board on any matters? (No response.) If not a motion to adjourn is in order Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:25 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Southold Town Cl~rk