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HomeMy WebLinkAboutTB-10/24/1989114 SOUTHOLD TOWN BOARD OCTOBER 24, 1989 WORK SESSION Present: Supervisor Francis J. Murphy, Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth Do Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town-Attorney James A. Schondebare (11:00 A.M.). Absent: Justice Raymond W. Edwards - Justice School. 9:00 A.M. For Discussion Items: (1) Memorandum from Principal Account Clerk John Cushman advising that the budget submitted for the 1990 operation of the Wastewater Disposal District again provides for a payment in lieu of real property taxes under Other District Costs. During the 1987 by Elaine Kaldor, C.P.A. it was pointed out that they could find no contractual requirement to allow the expense, therefore, it was deemed to be a questioned cost. Supervisor Murphy will advise Greenport Village Mayor George Hubbard that the item is in dispute, and the Town is awaiting an independent appraisal on the facility. (2) .Proposed resolution to change the zone on the Richard Carr" (formerly Norris) property at Mattituck from HD to Low Density Residential R-40 (see resolution no. 37. (3) Notification from the Town Clerk that the temporary Terp trailer on Main Road, Cutchogue, expred on October 18th, and an inspection by the Building Department reveals that Mr. Terp's new business building is complete and the building is being rented, and Mr. Terp has moved the trailer to the rear of the parking lot. The Building Department recommended that the Board does not renew the trailer permit. The Board directed that the Building Department take the necessary steps to see the trailer is removed from the premises. (4) Discussed appointment of new Assistant Town Attorney. Following an Executive Session later in the morning the Board placed resolution no. 43 on the agenda appointing Matthew G. Kiernan. (5) Appointment of a Planning Board member was also discussed in Executive Session, after which the Board placed resolution no. 48 on the agenda appointing Mark S. McDonald. (6) Letter from the Long Island Regional Planning Board concerning the nomination of the Southold Additional Study Area as a Special Groundwater Protection Area will be discussed with Planner Valerie Scopaz at a later date. (7) The Town Board's public hearing on Fishers Island, set for October 17th, was cancelled due to inclement weather makin9 it impossible to travel to Fishers Island. The Board rescheduled this hearing for 10:00 A.M., Saturday, November 18th (see resolution no. 38). (8) Health Insurance Grievance from CSEA President Betty Wells will be discussed later in the morning during Executive Session. (9) Receipt of resumes has ended for a Water Advisory Committee member, and two applicants have responded. Supervisor will set date for interviews. No applications were received for the Tree Committee vacancies or the Local Waterfront Revitalization Advisory Committee vacancy. Town Clerk will readvertise (see resolution no. 44). (10) Board discussed the theft Of an oil painting of John H Kaelin which was on display in the Meeting Hall. See resolution no. 39 authorizing a reimbursement to Mr. Kaelin for the loss. (11) Authorize Supervisor to execute an agreement between the NYS-DEC and the Town for Local Cooperation for a Study of Erosion Problems from Duck Pond Point to Horton Point (see resolution no. 40). 9:30 A.M. Garrett Stran9, Architect, met with the Board to review the plans for the alterations to Police Headquarters. The project entails the installation of replacement windows and fixed glass, construction of an interior vestibule, installation of ceiling and wall insulation along with metal stud and drywall finish, and installation of exterior insulation and finish system at the entire perimeter of the building. Mr. Strang mentioned a mechanical problem to do with a heating duct which he recommends be corrected before doing the ceiling insulation. The Board asked Principal Building Inspector Lessard to review the plans, and he and Mr. Strang went to Police Headquarters for a site inspection. At 11:35 P.M. Mr. Strang returned to meet with the Board and advised of their findings and recommendations for alterations to the specifications. The Board then placed resolution no. 45 on the agenda authorizing the Town Clerk to advertise for bids for the project. 10:00 A.M. Sophia Greenfield met with the Board to discuss her request to renew her temporary house trailer at the site of her proposed new home. This permit was initially granted on April 6, 1988, but the proposed house has not been started. Mrs. Greenfield said there has been a problem with erosion, which has been corrected substantially, and they hope to begin construction in the near future. Coucnilwomen Cochran and Oliva will view the site at lunchtime, after which resolution no. 41 was placed on the agenda for another six month extension. 11:00 A.M. - Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: OCTOBER 24, 1989 1 1 Ayes: All. The Board discussed the selection and appointment of a new Assistant Town Attorney. The Board agreed upon Matthew G. Kiernan, with the stipulation that there shall be no outside practice on his part. Also discussed was the CSEA Grievance with respect to the Health Plan, and certain personnel matters. 11:50 A.M. - Insurance Consultant Wi'lliam F. Mullen, Jr. met with the Board to discuss the Board's requirement for insurance coverage as a named insured. Mr. Mullen was joined by Jeff Rehm and John Kramer, both insurance agents, who indicated the inability to obtain such insurance coverage at a cost of less than between $800 and $1500. The Board agreed to amend their requirement to naming the Town as an "additional insured" (see resolution no. 47). Mr. Mullen asked that the Board explore the possibility of adding a "hold harmless clause" to each insurance certificate, which will be investigated. 12:05 P.M. - Recreation Director Kenneth Reeves, and Principal Account Clerk John Cushman met with the Board to discuss the possibility of the purchase of a personal computer for the Recreation Center. To tie the Rec Center into the new Town system is difficult and extremely costly. It was agreed Mr. Reeves would be provided with a computer and printer from the Police Headquarters who are being supplied with a new system .... 12:25 P.M. - Recess for lunch. 1:45 P.M. Work Session reconvened and the Board audited outstanding vouchers and reviewed the proposed resolutions for the Regular Meeting. 2:45 P.M. - Work Session adjourned. REGULAR MEETING 3:00 P.M. A Recjular Meeting of the Southold Town Board was held on Tuesday, October 24, 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: Absent: Supervisor Francis J. Murphy Councilwoman Jean W. Cochran Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare Justice Raymond W. Edwards (Justice School) Councilman George L. Penny IV SUPERVISOR MURPHY: The first order of business is a resolution approving the bills of October 24, 1989. Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED the followinc~ bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $153,336.27; General Fund, Part Town bills in the amount of $47,319.68; Nutrition Fund bills in the amount of $3,616.42; Adult Day Care bills in the amount of $267.65; Home Aide Program bills in the amount of $74.54; SNAP Program bills in the amount of $589.51; EISEP Program bills in the amount of $56.80; Community Development Fund bills in the amount of $9,661.96; Highway Fund, Whole Town bills in the amount of $4,275.36; Highway Fund, Part Town bills in the amount of $4,036.39; CHIPS, (Highway, Part Town) bills in the amount of $113,535.53; Capital Projects Account bills in the amount $24,000.00; Scale 11 Capital Account bills in the amount of $1,080.00; Computer Capital Account bills in the amount of $60,180.23; Fishers Island Ferry District bills in the amount of $23,303.45; Wendy Drive Improvement District bills in the amount of $495.00; Southold Wastewater District bills in the amount of $18,067.88; Fishers Island Sewer District bills in the amount of $761.28; Southold Agency & Trust bills in the amount of $10,496.95; Fishers Island Ferry District Agency & Trust bills in the amount of $938.42; Employee Health Benefit Plan bills in the amount of $488.95. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution approving the minutes of the ToWn Board meeting of October 10, 1989. Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the minutes of the October 10, 1989, regular Town Board meetin9 be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution settinq the next meeting date for November 9, 1989, 7:30 P.M., Budget hearings at ~:00 P.M. and at 8:00 P.M., Southold Town Hall. This is a Thursday, not the normal Tuesday. 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., and Budget Hearings at 3:00 P.M. and 8:00 P.M., at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time, we have a special proclamation made to Headstart on their 25th Anniversary, and we have Anne Goode here, and Anne, -I'd like to read it to you, and wish you well. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, durin9 the week of October 16, 1989 L.I. HE.AD START will celebrate the 25th ANNIVERSARY of their organization; and WHEREAS, the Head Start Program is based on the philosophy that all children of Iow-income families, in particular, can benefit most from a comprehensive, inter-disciplinary program that foster's development and remedies problems by providing a'broad range of services; and WHEREAS, Head Start continues to produce outstanding results through the children's achievements, socialization, behavior, generally better health, interactions between parents and children; and WHEREAS, Head Start continues to be in the forefront of the provision of services to the preschool handicapped child in a mainstream setting where the child can learn to play with children without handicapping conditions; and WHEREAS, Head Start produces clear and lasting gains that can shape the child's and family's future life chances through quality programs that incorporate aspects consistent with exemplary practices in preschool education and child development; now, .therefore,- be it RESOLVED, that the Town Board of the Town of Southold hereby congratulates and applauds HEAD START for 25 YEARS of outstanding accomplishments through their development services throuqhout the nation. Dated: October 10, 1989. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Anne, congratulations. ANNE GOODE: Thank you. On behalf of Long Island Head Start Services Development, Supervisor Murphy and Board members, we take this proclamation with pride, and we'll continue to do a quality job for children. SUPERVISOR MURPHY: We're very proud of the job you're doing in Southold Town. ANNE GOODE: Thank you. I. REPORTS. SUPERVISOR MURPHY: The first item on the agenda are reports. These are all on file in the Town Clerk's Office for anyone to see. 2. 3. 4. 5. 6. 3, 1989. Town Justice Price Monthly Report for September, 1989. Supervisor's Monthly Budget Report for September, 1989. Southold Town Police Monthly Report for September, 1989. East End Recycling Association, September minutes and November agenda. Times Mirror Cablevision Monthly Report for September, 1989. Census Bureau Local Review Workshop .Report from Sylvia Rouse, October SUPERVISOR MURPHY: At this time, I'd like to ask the Councilman, if they have anything special to report, starting on my left with Ellen Larsen. 11 7 COUNCILWOMAN LARSEN: Thank you, Frank. Very briefly, we he~d an Inland Waterways Committee meeting, where we p~anned out the itinerary for the clam transplant, which took p~ace last Saturday. 1,300,000 c~ams were transplanted into various ~ocations of Southo~d ]'own creeks. ~ spent two afternoons with our Town Accountant, reviewing the Budqet. ~, also, met with the NaHock's Bay marina owners, which Ruth reported-on during our work session today. I attended the Attorney and P~anning Board interviews and one of the composting presentations. Just a brief comment on the compostin9 presentation. ~ think the people in the community, who are taking the time to Hsten to the presentation, and being informed by the professionals, are coming away with a lot more so~id information and are much more comfortable with the referendum, that they'H have to decide on November 7th. We, a~so, received a ~etter, in our box, that evidently copied,is copied,to both ~ocal papers from a businessman, who deals with nurseries. And once again, the people are misinformed. This particular letter states that the man will probably never use composting, because he doesn't want to poison his land with the heavy metal, but the DEC sets standards, safety standards that the composting has to meet, and our class one, and class two compost will meet these safety standards. It will be perfectly safe to put on anybody's land. It's not going to poison their farmland for future use in crops, so I'm sorry there's so much misinformation being generated, and I don't know how people are getting it. Thank~ you. SUPERVISOR MURPHY: Thank you, Ellen. Jean? COUNCILWOMAN COCHRAN: On Wednesday, October 11th, the .u.i,~hway, Planning Board Committee met briefly, to discuss the feasibility of recording on a map, the different trouble areas within Southold Town due to heavy rainfalls and flooding. It was felt that if the Planning Board had this information, and it is marked out on the map, that as different site plans come in, that perhaps it can be worked that some of these problems are alleviated, so Superintendent of Highway does have a list of these areas, but he will be supplying it to the Planning Board and it will be mapped, so that as development happens we can, perhaps, alleviate some of the problems that are caused by heavy rains. Also, on the 11th at 6:30, I sat in on the interviews for the Assistant Town Attorney. On October 12th, I attended the forum held at Eastern Long Island Hospital for the benefit of the press and others, so they would have the opportunity to directly ask our professional consultants questions in relation to the bond referendum, and corn- posting. On the 13th, again,we continued our interviews for Assistant Town Attorney. I feel that we had an excellent response, and many qualified people, and the selection was not an easy one, but we've reached a conclusion. Also, ! had a meeting scheduled with Joe Marino, from the New York State Division for Youth, and the committee sat here for an hour and twenty minutes, and he still did not appear, and so we left, and upon finally being able to reach him, he was having trouble with a flood in his cellar, and didn't even think about calling us, so we have to reschedule that meeting. On the 16th, I acted as moderator for the Board, again, for the referendum informational meeting for the East Marion Orient area. On the 17th of October, I attended the Town Board work session for Budget. We were, also, scheduled for a public hearing on Fishers Island, but that was cancelled. That was one I was happy about, because it was that rainy, nasty day, and none of us looked forward to flying in that weather. Also, on the 18th, I moderated again the bond referendum in Greenport, and last evening, for the Peconic area. In between I've been working on Building and Grounds. As you can notice, if you ride past Laurel Lake is shaping up nicely. The irrigation is in. The Iawn's been planted. Frank Carlin just reported that they are irrigating. It's on a timer. Mr. Jacobs, as soon as he's finished tarring some of the highways, he will be putting up the play equipment, and I would like to set a Park Committee meeting very shortly, because I think that we would like a little dedication up there when we get to that point. Also, as was reported this morning, I'm very dissappointed in the fact that, we did have a picture stolen out of Town Hall. It's just kind of disheartening. You feel that some places are sacred. You know, I don't compare it to a church, but some places are sacred, and you don't expect these things to happen, and it's unfortunate when it does. It actually ruins it for all of us, because even as Board members, we did enjoy sitting here, and viewing the different paintings. We looked forward to the changes to see what was going to be displayed next, and I know Joe Townsend worked very hard in relation to getting the bullet lights put up there, so that we could utilize this as a place to display the works of our local artists and it's disheartening. Also, another question that I'm being asked by many is in relation to the yard waste pickup, that the Superintendent of Highways does each year. Due to a letter being in the newspaper, that there was not going to be a collection He's been inundated with calls, but I've also had many calls. People can not understand why, and I spoke with our Highway Superintendent, and he said, no, he will be doing a yard pickup. It will be a little bit more controlled in relation to some of the items that are put out by the curb, but there will be a leaf collection. He doesn't see it until about two weeks. What he does is watch the droppings of the leaves, and when most are down out of the trees for people, then he certainly schedules it. That's been a question I've been asked over and over again, are we going to have it. So, yes, we are. That's it, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Jean· Ruth? COUNCILWOMAN OLIVA: On October 11th, Jay and I went down to a Civil Service symposium in Riverhead, and it was a very informative day, and also, it showed how complicated things can get with Civil Service. That afternoon, I attended the Highway Committee meeting with Jean, and then we had the interviews for Assistant Town Attorney. Then we felt, well, we were going that long, so then we went down to Riverhead where the MURF people were coming in to put their proposals for materials resource facility were giving some of their presentations. They had two presentations that night, and they're going to have some more. On October 12th, i attended the composting symposium at Eastern Long Island Hospital. On October 13th, we had the final of the Assistant Town Attorneys. On October 14th, I met with the owner of the Narrow River Marina and his consultants concerning some dredging projects out there. On October 16th, I was at the Special Groundwater Protection Area Advisory Committee meeting in Hauppauge. We had petitioned, and the Committee has also nominated that the east end Of the core watershed area to be included in their studies. We have to present to the DEC. There are about ten or eleven requirements. The rest of the Special Groundwater Protection areas were done by legislative resolution, but this has to go to the DEC, and we will have a meeting with DeWitt Davis, and Sarah Mayland, Valerie Scopaz and myself, and DeWitt will prepare a draft. We'll make it short and sweet and simple, and we will meet probably about December 11th to review it. On October 16th, we met with Peter Walsh concerning the Local Waterfront Revitalization Program. He was very pleased at the progress, that has been made, and hopefully, we will be getting that done. On October 16th, I attended the Orient composting meeting. On October 17th, we had our Budget meeting. On October 18th, there was a Greenport composting meeting. On October 20th, I moderated the Southold composting meeting, and last night we had the composting meeting at Peconic· SUPERVISOR MURPHY: Thank you, Ruth. I was very pleased that the attendance was many more people will come out in Mattituck would try to give it a push. The only way I think that's it. Thank you, Ruth. The only thing I'd like to add is, up greatly in Peconic, and hopefully · I would appreciate if the press the people are going to be informed to attend it. The only thing further that I have to report is, tomorrow we're having a meeting, East End Supervisors and the County Commissioner of Public Works, as well as a representative from the County Exec's Office to talk about the start of, maybe Townstaking over some of the services on County roads. The Highway Superintendents are invited to come. This is just a preliminery meeting to try to get the Supervisor.'s ideas on it. On the East End, it's seems that, it probably would be a great money saver for the County, and a money maker for the Town, if all goes well. This ~s a Highway Superintendent's decision, and they will be contacted officially at a later date. This is the start of a meeting trying to hold down some costs. Hopefully something positive will come out of it. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Item number 2, public notices, there are two. 1. N.Y.S. Department of Environmental Conservation; Notice of Complete Application of the Department of the Navy, Naval Facilities Eng. Command to construct a submarine sensor test platform, a shore-mounted winch assembly, an offshore fixed pile-driven docking base and a weather buoy at Wilderness Point, Fishers Island. Comments to Susan Ackerman, 516-751-7900, by November 10, 1989. 2. N.Y.S. Department of Environmental Conservation; Notice of Complete Application of Nunnakoma Waters Association to dredge a channel to homeowners association boat basin in Corey Creek and place the resulting sand on adjacent beach on Wampum Way in Southold. Comments to George W. Hammarth, 516-751- 7900, by November 17, 1989 II1. COMMUNICATIONS. SUPERVISOR MURPHY: Communication, items number 3, there's four of them. The one I'd like to comment on, we asked the County Executive and the County Legislature, we passed a resolution several weeks ago about filling the vacancy in Riverhead Health Center, and it has been done, so sometimes these messages that the Towns, all the East End Towns sent this message, and finally the County did ~isten to us. IV. PUBLIC HEARING. None. SUPERVISOR MURPHY: There are no public hearings scheduled for today. V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to ~tem five, resolutions. At this time, 24, 1989 1 1 9 I'd like to ask anybody who Town Board on any proposed resolution, you may do so now. There will be a period of time, after the meeting, for any other comments. Anyone in the audience_like to address the Town Board on any proposed resolution? (No response,) Hearing none, we'll move on to the first resolution, a determination that an amendment to the Alarm System Law to change the term of the permit, provides an initial permit fee, and reduce the renewal permit fee, shall have a non-significant effect on the environment. I offer that. 1.-Moved by Supervisor Murphy, 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 Southoid, 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 sic~nificant effect on th~ environment. DESCRIPTION OF ACTION: Amendment of the Alarm Systems Law to change the term of the permit, provide for an initial permit fee, and reduced renewal permit fee. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. 1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. - This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to set a public hearing for 8:10 P.M., Thurs- day, November 9, 1989, Southoid Town Hall, for a public hearing on a Local Law in Relation to the Alarm System. 2.-Moved by Councilwoman Cochran, 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 Alarm Systems"; now, therefore r be it RESOLVED that the Town Board hereby sets 8:10 P.M.f Thursday, November 9, 1989, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to .wit: A Local Law in Relation to Alarm Systems BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 24 IAlarm Systems) of the Code of the Town of Southold is hereby amended as follows: 1. Section 24-3.C(4) is hereby amended to read as follows: (4) Any property owner or lessee of property in the Town of Southold having on their premises a fire or police alarm device, or system of fire or police alarm devices~ shal apply to the licensing authority for a permit to own or otherwise have such device on their premises. The ~ppiication shall contain provisions relating to the device or system of devices installed or to be installed on the premises. No such device may be installed on the premises of the owner or lessee and no presently existing fire or police alarm device complying with the provisions of this chapter shall be modified after the effective date of this chapter prior to the licensing authority's having issued a permit to such owner or lessee. Such permit shall be valid for a period of one (1) year from issuance and must be renewed upon expiration. 2. Section 24-4 is hereby amended to read as follows: Section 24-4 Fees License and permits fees shall be as follows: A. Business license one hundred dollars ($100.00) per calendar year or part thereof. B. Owner or lessee permit: 1. Initial permit: twenty five dollars ($25.00). 2. Renewal permit: ten dollars ($10.00). 3. Section 24-5 is repealed. II. This Local Law shall take effect upon its filing with the Secretary of State. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to authorize Sergeant Joseph Conway to attend a computer training course. 120 OCTOBER 24, 1989 3.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Detective Sergeant Joseph Conway to attend a computer training course, sponsored by BRC, at Syracuse, New York, on December 4 through 8, 1989, and the necessary expenses for meals, travel and lodging shall be a legal charge against the Police Department's 1989 Budget. (Detective Sergeant Conway will travel in a police vehicle with Lieutenant Droskoski and Safety Dispatchers Raynor and Kumjian who were authorized to attend this course on October 10th). 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 i-s a resolution to renew the trailer permit for George McCarthy. 4.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the application of Georqe A. McCarthy for renewal of his sinc~le family house trailer permit, for trailer located on private road off of the Main Road, Laurel, New York, which permit expires on November 10, 1989, be and hereby is c~ranted for a six (6) month period. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to authorize a refund to the North Fork Country Club. 5.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $100.00 to the North Fork Country Club, which sum represents a site 5o plan application fee to the Planning Board, which application was returned because the property in question did not meet the Special Exception requirements set forth in the Zoning Code. -Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to authorize a refund to Aliano Shopping Center. 6.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $299.55 to Aliano Shopping] Center, which sum represents a site plan application fee to the Planning Board, which application was returned to the applicant whereas the property in question is not in the correct zoning district. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to renewal the trailer permit for the First Baptist Church of Cutchogue. 7.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the application of the First Baptist Church of Cutchoc~ue to renew their single family house trailer permit for trailer used as a parsonac~e, located on the north side of Middle Road, Cutchogue, New York, which permit expired on October 14, 1989, be and hereby is granted for a six (6) month period. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is a Budget Modification, General Fund, Whole Town. 8.-Moved by Councilwoman Cochran, seconded by Councilwoman Olvia, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc.1 budget modification to the General Fund - Whole Town 1989 Budc~et for the transfer of monies from the Park & Recreation Account to the General Fund for the installation of the irrigation system ($4,000) and for construction of a foot path to the lower parking field ($1,400) at the Laurel Lake Park: To: Revenues .' A2025 Special Recreation Facility $ 5,400.00 Appropriations: A7110.2 Parks, Equipment $ 5,400.00 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. OCTOBER 24, 1989 SUPERVISOR MURPHY: Number 9 is to grant permission to the American Lung Association of Nassau-Suffolk to use Town._roads. 121 9.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby confirms their action of October 13, 1989 9ranting permission to the American Lung Association of Nassau-Suffolk to use the following Town Roads for a Bike Trek on October 14 and 15, 1989, provided they secure and file with the Town Clerk a Certificate of Insurance of at least One (1) Million Dollars liability insurance covering the Town of Southold as an additional insured: Greenport: Moores Lane; Southoid: Soundview Avenue, Lighthouse Road, Youngs Avenue, Calves~Neck Road, Hill Road, Jockey Creek Drive; Cutchogue: New Suffolk Road; New Suffolk: Grathw(~hl Road, New Suffolk Avenue; Mattituck: New Suffolk Avenue, Bay Avenue, Peconic Bay Boulevard to the Town Line. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to grant permission to Cutchogue Fire Department to use Town roads for a Halloween parade. 10.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to United Fire Company No. 1, Cutchogue Fire Department, to use Depot Lan~ and New Suffolk Lane for their annual Halloween Parade on Tuesday, October 31, 1989, beginning at 6:00 P.M., provided they secure and file with the Town Clerk a Certificate of Insurance covering the Town of Southold as an additional insured for at least One Million Dollars liability insurance. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is to release a performance bond. ll.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $350,000 performance bond of Forchelli & Mohring for the roads and improvements in the major subdivision of Lon9 Pond Estates, Section I, all in accordance with the recommendation of the Southold Town Planninq Board, Superintendent of Highways Jacobs, and Sidney B. Bowne & Son, C~nsulting Engineers. 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is to cause the dedication and release of the deed of a highway. 12. -Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, WHEREAS, Bayview Land Corp. has made application to the Town Board of the Town of Southold to dedicate certain roads in Southold, New York, to be known as LONG CREEK DRIVE, PARK AVENUE, POND AVENUE, and RECHARGE AREA #1 and RECHARGE AREA #2, as shown on subdivision map entitled, "Subdivision Map of Long Pond Estates, Section One, situate at Southold, Town of Southold, County of Suffolk, State of New York", and filed in-the Suffolk County Clerk's Office on December 27, 1985 as Map No. 8037, together with release executed by the owners thereof; and WHEREAS, the Southold Town Highway Superintendent has inspected the aforesaid highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and thae same is hereby given to the Superintendent of Highways to make an oreder laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk. 12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPE'RVISOR MURPHY: Number 13 is to declare lead agency in the matter of C.P.K. petition for change of zone. I offer that resolution. 12 2 oc oBE. 1989 13.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of C.P.K., a Partnership, for a change of zone from "R-80" Residen- tial Low Density (two-acre) District to "B" General Business District on certain property located on the easterly side of Depot Lane, Cutchogue, New York. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 1~ is to engage the services of Cramer, Voorhis & Associates to review the Long Environmental Assessment Form for C.P.K. change of zone petition. 14.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Cramer, Voorhis & Associates, at a cost not to exceed $500.00 to- review the Long Environmental Assessment Form with respect to the petition of C.P.K., a Partnership, for a change of zone; said review to include applicant's Part I, prepare a Part II and III, draft a proposed declaration, including a field inspection; the cost of said review to be paid by C.P.K., a Partnership, prior to the commencement of the review. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. - This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to transmit C.P.K. change of zone petition to the Southold Town Planning Board and Suffolk County Department of Planning. I offer that. 15.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, a petition has been received from C.P.K., a Partnership, for a change of zone on certain property located on the easterly side of Depot Lane, Cutchogue, from "R-80" Residential Low Density (two-acre) District to "B" General Business District; now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. Th.is resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is a Budget Modification to the Fishers Island Sewer District. 16.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1989 Budqet modification to the Fishers Island Sewer District to provide for operation and maintenance review by A.R. Lombardi: To: SS1440.4 Engineering, Contractual Expenses s 1,600.00 .From: SS1990.4 Contingent $ 1,600.00 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is a Budget Modification, General Fund Part Town. 17.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1989 Budget modification to the General Fund - Part Town to provide for remainder of 1989 needs: To: B9055.8 CSEA Benefit Fund $ 3,200.00 From: B1990.4 Contingent, Contractual Expenses $ 3,200.00 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is a Budget Modification to the General Fund Whole Town. 18.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budc. let modification to the General Fund - Whole Town 1989 Budget to provide for Court Reporter, law updates, legal fees relating to Matt-A-Mar, OCTOBER 24, 1989 ~linds for Town Hall, utilities, repai~§~ ~ai~tenance throug-h the end of 1989: To: Al110.4 JustiCes, Contractual Expenses $ 2,000.00 'A1420.4 Town Attorney, Contractual Expenses $ ?,000.00 A1620.4 Buildings & Grounds, Contractual Exp. $ 50,000.00 From: A1990.4 Contingent $ 11,665.00 A599 Appropriated Fund Balance $ 4?,335.00 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is a Budget Modification, General Fund Whole Town, also. 19.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 budget modification to the General Fund - Whole Town 1989 Budget to provide for expansion of the existing telephone system to accommodate the new Justice Court building: To: A1620.2 Buildings & Grounds, Equipment $ 45,000.00 From: A599 Appropriated Fund Balance $ 45,000.00 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to approve the amount of a bond for roads and improvement in the major subdivision of Too-Bee Realty, 20.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $47,910.00 for a bond for roads and improvements in the maior sub- 123 division of Too-Bee Realty, located at Southold, all in accordance with the recom- mendation of the Southold Town Pla~nning Board and Sidney B. Bowne & Son, Consulting Engineers. .20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to approve the amount of the bond for the roads and improvement in the major subdivision of Wild Oats. 21.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $35,035.00 for a bond for roads and improvements in the major subdivi- sion of Wild Oats, located at Peconic, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 2lo-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is accept a letter of credit submitted by Robert Johnson as a bOnd for roads and improvements in his major subdivision of Beechwood Acres. 22.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $63,825.00 Letter of Credit submitted by Robert Johnson as a bond for roads and improvements in his major subdivision known as Beechwood Acres, located at Southold, all in accordance with the Town Board's resolution of April 25, 1989 accepting the bond amount as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. - 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is to establish a 1989 budget for the Consoli- dated Highway Improvement Program, the CHIPS Program, 23.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby formally establishes the following 1989 budget for the ~onsolidated Highway Improvement Proclram (CHIPS): To: Revenues DBI.3501 Consolidated Highway Aid $ 154,000.00 DB1.599 Appropriated Fund Balance $ 9,400.00 Appropriations DB1.5112.2 Consolidated Highway Improvement $ 163,400.00 12 OCTOBER 24, 989 23o-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to create a Town Substance Abuse Committee. 24.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby creates the Southold Town Substance Abuse Committee, effective O~to.be~' 214, 1989. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is to appoint individuals to this committee. 25.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followinq individuals to the Southold Town Substance Abuse Committee for a one (1) year term, effective October 24, 1989 through October 24, 1990, they to serve on said committee without compensation: Jean W. Cochran Donna Wallerstein-lglesias Kevin J. Lynch Thomas L. Rabbitt Sandra Moux Kathy McKeighan-Simpson Bessie E. Swann Gall Horton Dr. Rory Simpson Myles Schneider Dr. Betty Price Marie Dunleavy Carlisle E. Cochran, Jr. Valerie Regan 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman. Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to grant a three week extension to the contract for the installation of the truck scale at the Landfill. 26.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby cjrants a three (3) week extension to Southfork Asphalt with respect to the installation of the Exit Truck Scale at the Cutchogue Landfill, which time is required to prepare and deliver the prefabricated building necessary for completion of Change Order #t, the scalehouse expansion, all in accordance with the recommendation of the Town's consultant Holzmacher, McLendon & Murrell, P.C. 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is a Budget Modification, General Fund - Whole Town. 27.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 budget modification to the General Fund - Whole Town 1989 Budget to provide I:or overdrawn budget line: To: A5650.1 Off Street Parking, Personal Services $ 4,075.00 From: A5650.4 Off Street Parking, Contractual Expenses $ 4.,075.00 27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is to authorize the Fishers Island Ferry District to advertise for a new engine for their ferry. 28.-Moved by Councilwoman Cochran, 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 advertise for a new Detroit Diesel 12V71 enqine, in accordance with the bid specifications, for the MV Munnatawket, to provide a spare engine to minimize vessel down time when major engine overhaul is required. 125 OCTOBER :24, 1989 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: NUmber 29is a Budget Modification for the 1989 Fishers Island Ferry District. 29.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification with the Fishers Island Ferry District 1989 Budget as requested by the Board of Commissioners, to appropriate funds into the budget: From: Surplus $ 110,354.24 To: Repairs Docks & Buildings Repairs Ferry Theatre Accounting Property Tax - New London Medical Insurance (Hospital) 50,000.00 35,000.00 8,700.00 900.00 304.24 15,450.00 29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is approve the bond amount for roads and improvements in the major subdivision of Rita Brown. 30.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby approves the bond amount of $90,380.00 for roads and improvements in the major subdivision of Rita Brown at Mattituck, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 30.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is to authorize the execution of a contract for the disposition of the household batteries, that we have at the Landfill. I might add, we have seven 55 gallon drums, that are being sent up to be recycled. TOWN CLERK TERRY: And they give us money in some instances. We get paid for certain ones. 31 .-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a contract for Household Battery Disposition Services between Mercury Refining Company, Inc. (MERECO) and the Town, all in accordance with the contract as approved by Town Attorney Schondebare. 31.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32 is to engage the services of Lew Edson to conduct an appraisal. 32.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an appraisal of the major subdivision known as "The North Forty" at Cutchogue, owned by Walter Gatz and George McDowell, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section A106-38E.[3) from the Sub- division of Land, Code of the Town of Southold. 32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33 is to renew a trailer permit. 33.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the application of Ange & Barbara Boursiquot for renewal of their single family house trailer permit, for trailer located on .private right-of-way off of the north side of the Main Road, Mattituck, which permit expires on November 4, 1989, be and hereby is 9ranted for a six (6) month period. 33.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. 1 2 6. OCTOBER 1989 SUPERVISOR MURPHY: Number 34 is to engage the services of Lew Edson to conduct another appraisal. 34.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an appraisal of the major subdivision known as "Laurel.Lane Estates" at Laurel, owned by Calvin Lewis Rasweiler, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section A106-38E.(3) from the Subdivision of Land, Code of the Town of Southold. 34.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 35 is a determination of non-significant on the environment on an amendment to our Code. 35.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, 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 Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect of the environment. DESCRIPTION OF ACTION: Amendment to Chapter 100 (Zoninc~) of the Code of the Town of Southold by adding and amendin9 the code to include apartments over business and professional offices. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant 'adverse effect to the environment is likely to occur should the project be implemented as planned. 35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 36 is to transmit this proposed Local Law in Relation to Zoning to our Planning Board, and the Suffolk County Department of Planning. 36.-Moved by Councilwomar~ Cochran, 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 Zoninc~" (apartments over business and professional offices); 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 Planninc~ in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1.Section 100-71.B is hereby amended by adding thereto subsection (7) to read as follows: (7) Apartments may be permitted over business and professional offices as regulated by section 100-91.B(4),(a) through (f), inclusive. 2. Section 100-91.B(4) is hereby amended to read as follows: (4) Apartments may be permitted over retail stores and business, professional and governmental offices, subject to the following requirements: I1. This Local Law shall take effect upon its filing with the Secretary of State. 36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 37 is a decision on the Town Board's motion to change the zone on the Carr/Norris property. OCTOBER 24, 1989 127 37.-Moved by Councilwoman I_arsen, seconded by Councilwoman Cochran, WHEREAS, the 1985 Master Plan, as implemented, seeks to provide for R-40 (1 acre) zoning development at densities compatible with existing densities and environmental concerns, and a development proposal, known as the "Norris property", now the property of Richard Carr, emerged in recent years, seeking to implement a residential project at densities that may create adverse environmental impacts; and WHEREAS, SEQRA did not exist at the time of the Suffolk County Supreme Court decision in 1975, which upheld the Town's authority to maintain zoning at multi- family residential densities, with regard to the "Norris property", now the property of Richard Carr, and the Master Plan, as approved, did not implement the I985 Master Plan Future Land U~ Plan with regard to the Richard Carr property; and WHEREAS, a potentially significant adverse impact of HD zoning on the Richard Carr property furthers the proliferation of environmentally damaging uses along sensitive waterfronts, and HD zoning, shallow ground water areas, may cause existing future wells to run dry, turn brackish or mar the bayfront; and WHEREAS, the Southold Town Board on their own motion by resolution dated July 5, 1989, deemed it in the public interest and in the promotion of the health, safety, morals or general welfare of the Town of Southold that the property of Richard Carr at New Suffolk Avenue and Camp Mineola Road be rezoned from Hamlet Density (HD) Residential District to Low Density Residential R-40 District; and WHEREAS, the said proposal was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for offical recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 10th day of October, 1989, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds it appropriate to implement, on their own motion, Low Density Residential R-40 District zoning in accordance with Chapter 100 of the Code of the Town of Southold, on the property of Richard Carr, to provide for a more transitional development between the adjacent R-40 neighborhood(s) and the Hamlet of Mattituck; said property located at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Tax Map No. 1000-'122-5-4, and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and beinq in Mattituck, 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- way 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: (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 feet; 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 seconds 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 seocnds 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 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING; and be it further RESOLVED that the final project approval for the aforesaid property shall comply with the provisions of Section 100-31A and to all findings under SEQRA. 37.-Vote of the Town Board: Ayes: Councilwoman l_arsen, Councilwoman Olive, Councilwoman Cochran, Supervisor. Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 38 is to reschedule the public hearing to be held on Fishers Island. Because of weather, it had to be cancelled to Saturday, November 18th, at 10:00 A.M. I offer that resolution. 1:2 8 OCTOBER 2., 1989 38.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, the Town Board of the Town of Southold scheduled and duly advertised a public hearing to held on Tuesday, October 18, 1989, at 2:00 P.M., at the American Legion Hall, Fishers Island, New York, on the issue of designating the entire of Fishers Island as a Critical Environmental Area; and WHEREAS, the Town Board was farced to cancel said public hearing due to inclement weather making it impossible to travel to Fishers Island on said day; now, therefore, be it RESOLVED that the Town Board hereby reschedules the public hearing on the issue of designating the entire of Fishers Island as a Critical Environmental Area to 10:00 A.M., Saturday, November 18, 1989, at the American Legion Hall, Fishers Island, New York. 38.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Resolution 39 is to authorize payment to John Kaelin for the missing painting. 39'.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby directs that a check in the amount of $125.00 be drawn in the name of John H. Kaelin, 1865 Youngs Avenue, Southold, New York, to compensate Mr. Kaelin for his 16" by 20" oil painting, "On The Ways", Greenport Shipyard, which painting was on ~lisplay in the Town Hall Meetin9 Hall and was stolen; and be it further RESOLVED that the Town Board extends to Mr. Kaelin their sincere apologies for the mishap. 39.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 40 is to execute an agreement for the study of erosion problems from Duck Pond Point to Horton's Point. I offer that. 40.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, 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 State of New York, represented by and through the Commissioner of Environmental Conservation and the Town of Southold for Local Cooperation for a Study of Erosion Problems for Duck Pond Point to Horton Point, all in accordance with the agreement as approved by Town Attorney Schondebare. 40.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 41 is to extend a trailer permit until April 7, 1990, of Richard and Sophia Greenfield. 41.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the application of Richard and Sophia Greenfield for renewal of their temporary house trailer permit, for trailer located on private right-of-way off of the North Road (CR 48), Peconic, which permit expired on October 7, 1989, be and hereby is extended for another six (6) month period to April 7, 1990. 41.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 42 is to amend a prior Resolution, a misunder- standin9 to include newspaper and radio advertisement. 42.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was r~ RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 44, adopted on August 15, 1989, to read as follows: "RESOLVED that the Town Board of the Town of Southold hereby authorizes the mailing of information material, newspaper publication, and radio announcements with respect to the proposed $9,000,000 bond issue regarding the proposed Solid Waste/Sludge Composting Facility, said informational material to contain pertinent data concerning composting, and alternatives to composting." 42.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. 129 OCTOBER 24, 1989 43. 43. SUPERVISOR MURPHY: Number 43 is to appoint Matthew G. Kiernan as an Assistant Town Attorney. -Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board'of the Town of $outhold hereby appoints Matthew G. Kiernan as Assistant Town Attorney, at a salary of $35,000.00 per annum, effective November 6~ 1989. -Vote of the Town B~ard: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This r~solution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 44' is to authorize the Town Clerk to readvertise for members of the Local Waterfront Revitalization Advisory Committee, and the Tree Committee. 44.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for one (1) member for the Local Waterfront Revitalization Advisory Committee, and at least three (3) members for the Tree Committee. 44.-Vote of the Town Board: Ayes: CouQcilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERV!SOR MURPHY: Number 45 is to authorize the Town Clerk to advertise for bids for alterations to the Southold Town Police Headquarters. 45.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, 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 construction of Alterations to the $outhold Town Police Headquarters, all in accordance with the bid plans and specifications as prepared by Garrett A. Strang, Architect. 45.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 46 is a Budget Modification to the General Fund Part Town. 46.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1989 Budget modification to the General Fund - Part Town to provide for used vehicle for East End Drug Task Force detectives from Southold Town Police Department and radio (from moneys confiscated from drug arrest of 1987): To: Revenues: B2715 Proceeds Seized/Unclaimed Property $ 8,015.74 Appropriations: B3120.2 Police, Equipment $ 8,015.74 46.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 47 is to amend insurance requirements to read "additional insured". 47.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 3, adopted on June 20, 1989, to read as follows: "RESOLVED that the Town Board of the Town of Southold hereby determines that at least One (1) Million Dollars liability insurance shall be required from individuals/organizations requestin9 permission to use Town Roads or hold public shows and entertainments requirin9 permits of the Town Board or Town Clerk; said individual/organization shall file with the Town Clerk a Certificate of Insurance covering the Town of Southold as an additional insured." 47.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 48 is to appoint Mark McDonald to the Southold Town Planning Board, effective immediately. 1 3 0 48.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mark S. McDonald a member of the Southold Town Planning Board, effective October 25, 1989, to fill the unexpired term of William F. Mullen, Jr. to April 30, 1990, at a salary of $6,065.00 per annum. 48.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. '. SUPERVISOR MURPHY: Number 49 is to declare us lead agency in the Van Duzer ~ Appliance Co. petition for a change of zone. 49.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Van Duzer Appliance Co., Inc. for a change of zone from "A-C" Ac~ricuttural-Conservation District to "B" General Business District on certain property located on the northerly side of County Route 48, east of Youngs Avenue, Southold, New York. 49.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor'Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 50 is to engage the services of Cramer, Voohris & Associates to review the Long Environmental Assessment Form for the above change of zone. 50.-Moved by Councilwoman Cochran, seconded Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Cramer, Voohris & Associates, at the cost not to exceed $500.00, to review the Long Environmental Assessment Form with respect to the petition of Van Duzer Appliance Co., Inc. for a change of zone; said review to include applicant's Part I, prepare a Part II and III, draft a proposed declaration, including a field inspection; the cost of said review to paid by Van Duzer Appliance Co., Inc. prior to the commencement of the review. ~' 50.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:-- Number 51 is to transmit the Van Duzer change of zone application to the Southold Town Planning Board and to the Suffolk County Depart- ment of Planning. 51 .-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, WHEREAS, a petition has been received from Van Duzer Appliance Co., Inc. for a change of zone on certain property located on the northerly side of County Route 48, east of Youngs Avenue, Southold, from "A-C" Agricultural-Conservation District to "13" General Business District; now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this petition to the Southold Town Planninc~ Board and the Suffolk County Department of Plannincj, all in accordance with the Southold Town Code and the Suffolk County Charter. 51.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of our agenda for today. At this time, I'd like to ask any Councilman if they have anything further to comment on, starting on my right with Ruth Oliva. COUNCILWOMAN OLIVA: I'd iust like the press, perhaps, to put in the paper something to the effect, that the-person that took that painting, would be very nice if, quietly, if they just returned it to Town Halt. Mr. Kaelin is a lovely gentleman. I think Jean said about 88 years old, and it means much more to him to have the painting, then the $125.00. SUPERVISOR MURPHY: We don't want the thief. We want the painting. We'll catch the thief later. Jean? COUNCILWOMAN COCHRAN: I would like to thank the Town Board for passing the resolution in relation to Substance Abuse Committee now being under the auspices of Southold Town. I think they have great foresight in seeing that it will broaden the base, and hopefully, it will benefit more the entire community, than under a smaller group. As many of you are aware, I'm sure, drugs is one OCTOBER 24, 1989 131 of the biggest problems facing the United States, and Southold certainly isn't immune to that. We, also, have problems here, but I am a believer, that in education, and the right kind of education to our young people, that hopefully we can make a difference in the future, so I extend my thanks to the Southold Town Board. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: Nothing, thank you. SUPERVISOR MURPHY: At this time, I'd like to ask anyone in the audience, if they would like to have any comments to the Town Board. (No response.) Hearing none, 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 3:35 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor MurPhy. This resolution was declared duly ADOPTED.