Loading...
HomeMy WebLinkAboutTB-03/22/1988~SOUTHOLD TOWN BOARD MARCH 22, 1988 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Council- woman Jean W. Cochran, Councilman George L. Penr~y IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, 3-own Attorney James A. S~chondebare. 9:20 A.M. - Community Development Administrator James McMahon me}t with the Board to update them relative to the upcoming Affordable Housing Lgttery. 9:30 A.M. - Bookkeeper John Cushman met with the Board to update them on the Town Hall computerization. 9:45 A.M. - For Discussion Items: (1) Expiration of the term of Serge Doyen, Jr., member of the Board of Appeals. Board agreed to reappoint (see resolution no.21). (2) Expiration of the term of Bennett Orlowski, Jr., member of the P_lanning Board. Board~membe~:~, with the '~exception of Councilman Penny, §greed to 1[he reappoint- merit--Councilman Penny wished to call for resumes. Later in the afternoon Council- man Penny withdraw his objection and agreed to reappoint. (see resolbtion no. 22). (3) Memorandum from Valerie Scopaz, Planner relative to the preparation of a DEIS with respect to the Carr/Wanat change of zone petition and the Norris Estates sub- division. Board agreed to co-lead agency status with the Planning Board for the two sites. (4) Memorandum from CSEA President Christine Stulsky requesting that the compliance time of five days be adhered to with respect to requests for information ~from personnel records. Response from Assistant Town AttOrney Berntsson relative to procedure under the Freedom of Information Law with respect to personnel files. (5) Letter from Richard Lark transmitting the approved Plan for Fishers Island Oevelopment Corp. showing 'East End Lots", and suggesting the TOwn Board might want to include this map in the Master Plan Update. TOwn Attorne~f Scho~debare will review and submit an opinion. (6) Request from Councilwoman Larsen to attend the National Symposium on Protection of Wetlands from Agricultural Impacts to be held at Fort Colhns, Colorado on April 25-29, 1988. She will subm t further information for the April 5th meeting. (7)&(12) From Suffolk County Department of Health Services concerning Public Water Main Extension Matching Fund Program. This wil be discussed with Greenport Village Superintendent of Utilities Jim Monsell at 11:30 A.M. (8) Request from Councilman Penny for appointment to the Board of Ethics. Four members did not agree to this appointment. The Ethics Board was requested over a year ago to review the current Ethics Code and submit recommenda- tions for amendment. To date the have not acted. Members Boyd &. Bruer will be asked to come in to discuss this with the Town Board. (9) Request f~om Er c Bressler for a duplicate building permit fee refund for his client Anthony Gambino. To be discussed at 10:30 with Mr. Bressler. (10) Set interviews for applicants for Water Advisory Committee - starting at 5:00 P.M., Thursday, March 31, 1988. (11) New Stop Work Order form for the Building Oepartment as designed by Assi;stant Town Attorney Berntsson, approved by the Town Board (see resolution np. 23). (13) DiScussed enactment 6f proposed "Local Law in relation to Open, Space or Open Area Prese~va.tion" and agreed to enact (see resolutions 24), and call for resumes for the Open ,.Space Committee (see resolution no. 25). 10:30 A.M. - Attorney 'Eric Bre~sler appeared before the Town Board to request the Town Board to refund a duplicate building permit fee to his client Anthony Gambino. Councilman Penny disclosed that he supplied the lumber for the Gambino house, but has no interest with respect to the requested refund. Town Attor. ne¥ Schondebare had originally recommended denial based on the Board of Appeals decision on a variance received by Mr. Gambino, but after a discussion with Board of Appeals Chairman Goehringer he determined that the plans referred to the ZBA'did not differ from the plans the Building Oepartment had originally received, and would MARC,-, 22, have no objection to the refund, and Town. Attorney Schondebare now recommended returning the $696.00 duplicate fee (see resolution no. 26). Mr. Bressler reviewed the steps taken by Mr. Gambino from the time he obtain his first building permit until he was granted a variance by the Board of Appeals. 10:45 A.M. - John Clavin, Tom Doherty; Ken Edwards, from Fishers Island, met with the Town Board to discuss the Walsh Park Affordable Housing Program Project. Mr. Clavin explained that the committee raised $465,000 from the people on Fishers Island for the affordable housing project~ which was used to purchase 24 acres of land at $450,000, and a not-for-profit corporation was formed with an eleven man board of directors. They are planning to erect 12 units of manufactured housing on the property. .They are still $250,000 short of where t~hey want to be to' b~ring the houses in under $!00,000. They are working on a selection process of those who live and_work on l~ishers l.sland and do not own a home~-.preferably families. They are working on developing ownership controls, a lease option looks lille the ........ way to go leg~lly~ Mr.~'.Clavin stated they would like to cluster to I/2 acreand Town Attorney~Schondebare will research the legalit;y of this. He asked for the Board's continued support and sponsorship, to which th~ Board agreed. 11:30 A.M._- Gt:eenport Village Superintendent of U~t'ilities James Monsell met with the Board to discuss the Suffolk County Department of Health~ Ser;vice ~terrMain Extension Pr~ogram, a 50/50 funding program for municipalties. A recent water crisis on Old Orchard Lane, East Marion was considered for this I~rc~gram. Recent tests of 30 homes indicated approximately 12 homes with severely contaminated water, unfit for drinking or bathing. Mr. M0nsell advised that the ex~e~.slion of the present water main' from Shi~Y~a~d Lane 2200 feet 'along Route 25 to old..O~ch~rd ~Lane, and 900 feet down O1~l 0~c'hard Lane Would Cost approximately $139,500 ~ tlq'~ Town's share to be $69,750.100 u~der the matching grant. Also discussedi was the pending water main exte~sior~ a~long Main Bayview Road, SoUthold - 6000 f~et, aita cost to the Town of ~135,000. The Board agreed that the Old Orcl~ard Lane~pro~ect should be submitted 'to the County, which application must be made by ,Monday, March 28th. Although all Board members did not agree to the $69;750 e~xpenditure, it was agreed the grant could be refus~ed 'should '. it be awarded. 12:15 P.M. - Recess fOr lunch. 2:00 P.M. -Work Session reconvened and the. Board met with John Stack~ Chairman~ and William Peters, member, Landmark Preservation Commission.~~T_~.y- r__e:v!e_~,_e_d a proposal by the Cc~mmiSsion to place display ads in the newspapers in a search for a particular style house. The Board agreed (see resolution no. 29). They also explained a form they have designed to be made available t~o individuals who wish their homes to be considered for designation on the South~ld Town Register. 2:10 P.M. - For Discussion: Councilwoman Cochran submitted a memorandum fr~m Recreation Director Reeves suggesting the purchase of movable partitions for the Recreation Center to be used to create separate meeting areas. Councilwoman Cochran recommended the purchase of nine panels which would create additional meeting areas to better utilize the Center. The Board agreed, suggesting that some of the panels be acoustical.---One of the water machines~the Town recently purchased is ready for installation and the Board agreed to locate it at the Greenport Utility Plant.---Councilwoman Cochran recommended that bottled water be installed in the Town Hall for drinking purposes-Board agreed.---Community Development Admin- istrator McMahon and Bpokkeeper Cushman met with the Board to discuss paying the fringe benefits for Crime/Orug/Alcohol Program Counselor Mary Ann Fleischman (see resolution no. 30).---Executive Administrator Lessard requested th~ appointment of Suzanne Walden, former part-time, employee, as a provisional Clerk Typist to begin entering data on the computer (see resolution no. 31). 3:00 P.M, vouchers. Board reviewed regular meeting resolutions and audited outstanding 4:15 P.M. :- WOrk ,Session adjourned. REGULAR MEETING -- 7:30 P.M. A Regular Meetin9 of the Southold Town Board was held on Tuesday, March 22, 1988, 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. MARCH 22, 1988 P resent Absent: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Town Clerk Judith T. Terry Town Attorney James A. Schondebare Councilwoman Ellen M. /arsen (ill) SUPERVISOR MURPHY: I would like to call this regular Town Board meeting to order. Our first order of business is a resolution approving the audit of the bills of March 22,~1988 Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED ~that the following audited bills be and hereby are ordere~ paid: General Fund Whole Town bills in the amount of $60,304.67; General Fund Part Town bil:s in the amount of $36,294.17; Highway Whole Town bil!s in the amount of $6,753.20; Highway Part Town bills in the amount of $9,647.36; I~shers Island Sewer District bills in the amount of '$357.01; Fishers Island Ferry District bills in the amount of $24,856.28; Agency and Trust bills in the amount of $2,599.84; Fishers Island Ferry District Agency and Trust bills in the amount of $27.64; Nutrition Fund bills in the amount of $3, 894. 08i~ Adult Day Care Program'bills in the amount of $38~.44; Home Aide Program bills in the amount of $2~2.85; SNAP Program bills in the amount of $382.37; Community Development Fund bills in the amount of $50,882.00~ Vote of the Town Board: Ayes: Councilwoman Oliva, COuncilman Penny, Council- woman 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 March 8th, .1988. Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the March 8, 1988 Regular Southold Town Board Meetin~ be and hereby are approved. Vote Of the T~own Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : Next is a resolution setting the next meeting da~e for April 5th, .1988-, 7:30 P.M.~ Southold Town Hall. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the next Regular Meetin~ of the Southold Town Board will be held at J:30 P.M.~ Tuesday, April 5, ~988, at the South~old Town Hall, Main Road, Southold~ New York. Vote of the Town Board: -Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochr.an, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I'. REPORTS ~ SUPI~RVISOR MURPHY: Okay, the first item on the Agenda are Reports. These reports 'are all on file in the Town Clerk's Office for anyone Who. would like to read them. 1. Town Justice Edwards - monthly report for February, 1988. 2. Town Justice Tedeschi - monthly report for February, 1988. 3. Scavenger Wsate Treatment Facility - monthly report for February, 1988. 4. ~'~es Mirror Cable Television - rel~ort--M~rch 11,~i;;19~8. 5. Councilmen's Reports. At this time I'd like to ask the Councilmen if they I~ave any~thing special to report, star~ing on my left with Judge I~dwards. JUSTICE EDWARDS: . Nothing at~s time, Frank. Thank you. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCH_RAN: Yes, I would like to report that the Highway Committee met with the Planning Board on March 14th to try to reach a conclusion on highway specs in a minor subdivision--or actually highway specs for anything but a major subdivision, and some suggestions were made for options. The Planning Board is d~fting this up at this ~ime and we will have something firm to present to the Town Board at our next Town Board meeting. Also on the 17th we had a meeting of the Housinc~ Committee. The Town Planner and the Housing Committee met with a developer w~ho is interested in providing affordable housing through the. Affordable MARCH 22, 1988 ~' 8 9 Housing Law. We had hoped that he would have a preliminary layout of what he has in min~l~ unfortunately his engineer ~did not have it ready for the meeting, so we will be meeting with him again as soon as this is available, but we used the time to ~ust kind of kick things around and discuss and update ourselves as to where we're trying to go~ Also several things I would like to share with you: The Southold Green Committee is planning ~he dedication of the Gr~een down here on tl~ corner on May2'gth. They're planning a full day of activity and fun. We hope you'll put' that on your calendar and help us celebrate, because it's going to be a fun.day. I'm also happy to report that one of the water machines which we purchased is ready to go into operation and the Board~made the decision today to place it in Greenport to better serve that area, because they were having a problem with running Out 'of water with the one machine that they have. I think that's it, Frank. SUPERVISOR MURPHY: Thank you, Jean. George? COUNCILM^N PENNY: Yes, I attended the Highwa~y Committee meeting on the 14th which Jean has already reported on. On the 16th we had a meeting of the Commerce ~nd Industry Committee where we discussed the Master Plan Update, the Site Plan Ordinance--the review of the Site Plan ,Ordinance, the Dog Pound, the North Fork ^nimal Welfare League and the Vii|age of Greenport. We got into a very lucrative discussion with some of the vineyard owners who are going to make a presentation to the Town B~ard requiring--hoping~ to get a modification in the zoning t~hat is available for vineyards, i will hold off on any more reporting on that ,and let them do that in the near future. We got into discussions on Southold Village and resort motels in the proposed M-II zone for the Master Plan. On the 22nd, which was today, we had a meeting of' the Police COmmittee where we discussed hiring two new! officers. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth? COUNCILWOMAN OLIVA: Thank you, Frank. On March 16th I gave a talk before the Audul~on Society on water~ and we had a very good question and answer period afterwards, and peoPle were very interested and concerned. On March l~th'! also attended the Housin~ Committee meeting that Jean reported on~ and this morning I attended the Police Committee meeting that George just reported on. Thank you.~ SUPERVISOR MURPHY: Thank you'.. Ruth. The only thing I'd like to ~dd is Sunday was a very .busy~ but a great day, really~ First I went to a laxly in Greenport ~ho was 100 years old~an~ herlentire family was celebrating it, and it really was quite nice. The lady was ~luite alert, knew what was going on, and I thi~k really enjoyed the day. We had a proclamation from the Town forlher. Then I went on to T~oop 6 in SOuthold at Southold High School which had what was probably the best showing. They had five E~a~le Scouts bein~ indUcted, and it was ~he first time that I think every in Suffolk County that there were five Eagle Scouts made from one troop at one time, and this is fantastic just reading throug~ the various projects that these young men worked on, really was fantastic, and the thanks really goes out to the Southold Rotary Club which sponsored it, Joey Conway was there with a proclamation for them'. The troop leader Oick Hilary, the Scout Master there who has done a fantastic job, a~d his son happened to be one of the five, and this is his second son who became an Eagle Scout. So this really is quite something for Southold Town. The leaders of the Boy Scouts really appreciate what is going on in Sou~thold Town. I think Southold Town is by far the leaders in Eagle Scout programs and the whole Scout program, and it just I think re,enforces the fact that Southold Town really is a great place to live and people do care about others. II. P, UBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on the Agenda are Public Notices. T~here's quite a few of them. These are all on file on the Town Clerk's Bulletin Board. 1'. Ne~ York State Department of Environmental Conservation, Notice of- Complete Application of Elizabeth Yaro to construct a sinc~le family dwelling and associated sanitary system 60 ft~"~r~d 90 ft. respectively ~from tidal wet~anc~s and fill with approximately 450 cubic y~rds to raise first floor elevation to +8'. Variances of 15' and 10' are requested for ~he house and sanitary system minimum setback requirements of 75' and 100' as defined in Part 661 of the Tidal Wetlands Land Use Regulations. I~roperty ~located on the south side of Minnehaha Boulevard, fronting on Corey Creek, South~ld. Comments to the OEC by April 1, 1988. 2. Notice from the Office of the County Executive of a Suffolk County Office for Women Woken's Services and Job Opportunities Fair, Wednesday, March 23, t~rom noon to 8:00 P.M. at the Riverhead County Center. MARCH 22, 1988 3. .U.S. Army Corps of Enc~ineers, notice of application of Suffolk County Department of PUblic Works to dredge, with ten years maintenance, with disposal as beach nourishment, Gull Pond, Shelter Island Soundj Greenport. Comments by April 11~ 1988 to the Co~.ps of Engineers. 4. U~ S. Army Corps of En~lineers, notice of application of Douglas F. Crei~thton to maintenance-dredge with upland ctisposal at Sterling Basin~ Shelter Island Sound, Greenpert. Comments by March 28, ~1988 to the Corps of~Eng neers. 5. U. ~S.. Army Corps of Engineers; notice of application of Suffolk County Department of Publ c Works to dredge,~ with ten years maintenance, with disposal as beach nourishment, Cedar Beach Harbor Inlet,, Little Peconic Bay, Southold. Comments by April 11, 1988 to the Corps of Engineers. 6. U.S. Army~Corps of Engineers, notice of application of Suffolk County ~ Department of Public Wor'k~ to dredge,'' with~ ten years ~aintenance, with disposal as beach nourishment, Corey Creek, Little P~conic..BaY,' .So_utho_l~.' ~C(~mments bY_ ............~ April 11, 1988 to the Corps of Engineers. 7. New York State Department of Environmental Conservation, Notice of Public Hearing on the application of John ~,ikis for a Tidal Wetlands permit to construct a 200 foot timber, bulkhead With 275 c~ ~s of sand backfill between two neighbor- ing timber walls along Long Island Sound east of the Albertson Drive--Middle Road intersections, proposed bulkhead would be 10 feet seaward of the' existing gabion wall and would result in filling of 2000 sq. ft. of adjacent area. Public Hearing April 11, ~1988 at 1:00 P.M., Southold Town Hall. 8. U.S. Army Corps of Engineers, notice of application of Or. Stanley Keating to install a timbe~ walkway measuring 4 feet by 32 feet, a minimum of four feet above grade of the existing wetland with a ~ foot by 12 foot ramp and an 8 foot by 20 foot floa~ at Haywate.rs Cove, Great Pecohic Bay, Cutchogue. Comments to the Corps of Engineers by April 5, 1988. 9. New York State Department of Environmental Conservation, Notice of Complete Application of Howard Zehner d/b/a Young's Marina, to rebuild the existing marina and expand it from 91 slips to 138 slips. Construct new docks, ramps and catwalks and dredge up to 2,800 cubic yards, all dredge spoil is to be disposed of on the upland portions of the site, no new bulkheading or upland structures are proposed. Project located at 1670 Sage Road on Sage Basin (Shelter Island Sound), Southold. Comments to the DEC by April 8, 1988. 10. Notice from The Association of Towns that NYS-DEC Commissioner Jorling will hold fourl regional ~-~-eti-]-~ ~ ~-~t~ w----~-~ and a fifth meeting in Albany with other associations. Long Island meeting is Wednesday, April 6, 1988, 1:00-4:30 ~ P.M., Islip Town Hall, lslip, New York. Ii~l 11. News Release.from Office of County Executive Patrick G. Halpin announci~~ the April locations for the Senior Action Mobile Unit of the Suffolk County Offic~ for the Aging. I'd also like to comment that Patrii:k .Halpin will 'be out here for' an an~iversa~y celebration of our Nutrition Program tomorrow, so that anyone who can go, certainly is welcome to partake in the ceremonies. It's going to be at 11:00 o'clock and we would ask everybody who can attend. III. COMMUNICATIONS. SUPERVISOR MURPHY: There is one under Communications, and it's from~a David Sinclair 'from the DEC telling§ us about, a presentation of our Community Urban Forestry Award to this Town. There will bean Arbor Day Ceremony. Our Tree Committee and our Town Historian are working very hard and we hope to have quite a nice ceremony. IV. PUBLIC HEARINGS.' [Four hearing scheduled to start at 8:00 o's:lock..) V. RESOLUTIONS. SUPERVISOR MURPHY: We'll more on to Resolutions, and at this time I would like to remind everyone in the audience of the Town Board's policy. At this time we would ask anyone who would like comment on any of the proposed resolutions to speak at,this time. There will be a period of time after the 'resolutions, after the public hea'rings, at the end of our meeting where if you would like to address the Town Boa~-d on any other matter you are welcome to then. We ask you to limit your comments to any of the pro~posed resolutions at this time. At this time I'd like anyone in the.audience who woQld like to address the Town. Board on-any .~ resolution. Over on the left? (No-response.)' Middle? (No response.) Over on the right? (No response.) Hearing none; ~we'll move on to the first resolution, which is to appoint Traffic Control Officers for the Town. 1.-Moved by Councilman Penny, seconded by- Councilwoman Oliva, it was RESOLVEO that the Town Board of the Town of Southold hereby a~opoints Jack H. Thilberg,. Jr., Jennifer Quarty, Kevin Ford, and Wayne Sailor as Traffic Control Off!~s, effective im,~ediate.ly, at a salary of $6.50 per hour. 1.-Vot~ of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was dec~L~-red duly ADOPTED. SUPERVISOR MURPHY: Number'2 i~ to att~i~'d~ a meeting in Albany. 2.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Board members to attend New York State Assoc at on of Large Towns meeting with New Yor~k :~ate Department Of Environmental Conservation ~ommissioner Jorling to discuss the Solid Waste crisis on Tuesday, April 12, ;1988,, fromm10:00 A.M. to 12:00 P.M., at the State Capitol, Albany, New York, and the necessary expenses for travel and meals shall be a legal charge against the Town of Southold 1988 budget. 2.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, COuncil- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. S'UPER~i'~O-R-IV~U~PH~'~- '~A~d- N~i~b,~r"3' i-~' t-o'~:eng~g~ '~h~ ' se~rvic~sl o~f an- attorney ............... for a special case. 3.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED 'that the Town Board of the Town of Southold her. eby engages the services of Richard.F. Lark, Esq. to repr'esent the Town of Southold in the matter of Salvatore M. Crjmi v..Town of Southold, Southold Town Police, et al. 3.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 4 is to renew a trailer permit. 4.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED 'that the application of Gary and Barbara Rutter for renewal of their single family house trailer permit, for trailer located on the right-of-way off of the southeast side of Main Road, Mattituck, New York, which permit expired on March 21, 1988; be and hereby is; 9ranied for a six (6) month period. 4..-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman. Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared dulY ADOPTED. SUPERVISOR MURPHY: Nutnt~er 5 is to authorize an advanced fee payment. 5.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advanced fee payment in the amount of $164.50 for the Saturday, May 7, 1988 family bus trip to see Snow White and the Seven Dwarfs at the Westbury Music Fair (check made payable to Westbury Music Fair); said charge to be made to A7320.4, Joint. Youth. 5.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 6 is to authorize the execution of an agreement. 6.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, WHEREAS, the Town of Southold has requested the COunty of Suffolk to dredge a navigation channel in Wunneweta Pond, Town of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging of Wunneweta Pond in the Town of Southold, at a nominal cost to the Town of Southold; and WHEREAS~ .in order to accomplish said dredging, plans, specifications, agreements and other documents musI be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits (expiration date: December 1998); now, therefore, be it RESOLVED that the Supervisor. be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications~ spoil area agreements' assurances ~o-the County of Suffolk, license and/or dredging permit applicastions to Fedi~ral and State Agencies and all other..~.~ocuments'.that 'may be required tn . accomplish said dredging work. 6.-Vote of the Town Board: Ayes: 'Codncilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Ndmber 7 is to authorize the Town Clerk to go to bid for the purchase of asphalt road material. I offer that resOlution. 7.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVEO that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase and application of 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials. 7.-Vote ot the Town Board: Ayes: Councilwoman Oliva-'; Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. MARCH 22, 1988 SUPERVISOR MURPHY: Number 8 is to authorize the Town Clerk to advertise for bids for an annual contract to furnish and place asphalt concrete within the Town of Southold, as required, for one year. I offer that resolution. 8--MoVed by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED 'that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for ~an annual cQni~ract to furnish and place asphalt concrete within the Town of Southold,~ as may be required, for aperiod Of one (1) year. 8.-Vote of the Town Board: Ayes: Councilwoman Olivaf Councilman Penny, Council- woman Cochranw Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTED~ SUPERVISOR MURPHY-:. And Number, 9 is to authorize the Town Clerk to advertise for bids' for the purchase of Sand Mix Asphalt. I offer that resolution~ 9.-Moved by Supervisor Murphy~ 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 purchase of 1~000 tons, more or less as may. be needed, of Sand Mix Asl~halt, furnished and placed. 9.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: Number 10(a) is to appoint Ruthanne Woodhull as temporary secretary in the Office of the S~upervisor, effective March 14th, 1988, at a salary of $10.77 per hour'. I Offer that resolution. 10.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was (al RESOLVED that the Town Board of the~Town of Southold hereby appoints~ Ruthanne Woodhull as a temporary secretary in the Office of the Supervisor, effective March 14, 19880 at a salary of $10.77 per hour. 10.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- (a) woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 10.-SUPERVISOR MURPHY: And 10(b) is my appointment of RuthanneWoodh~ill (b) exempt, position of Confidential Secretary to the Supervisor, effective April SUPERVISOR MURPHY: Number 10(c) is to set a salary for Ruthanne Woo~lhull, Confidential Secretary to. the Supervisor, at $19,610.00 per annum, effecl~ive April 4th, ;1988..~ I~ Offer that resolution. 10.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was (c) RESOLVED that the Town Board of the Town of Southold hereby sets the salary of Ruthanne Woodhull, Confidential Secretary to the Supervisor~ at $19~ 610.00 per annum, effective April 4, .1988. 10.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- (c) woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: Number 11 is a budget modification. 11.-Moved by Justice Edwar'ds, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin~ 19871 Budget modification to.the General Fund - Whole Town: ~o: A~010.1 Town Board, Personal Services $1,500.00 From: A1620.1 Buildings, Personal Services $1,500.00 11.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolu~on was declared duly ADOPTED. r SUPERVISOR MURPHY: Number 12 is to appoint Joan Ann Schneider as a p ovisio~ Clerk Typist in the O~fice of the Town Attorney, effectiYe March 23rd, at a salary of ~15,816.32 per year. i offer~ha~t resolution. 12.-Moved By Supervisor Murphy, seconded by 'Councilwoman Cochranf it was (a) RESOLVEO that the Town Board of the Town of Southold hereby appoin, tsl Joan Ann Schneider as a provisional Clerk Typist in the Office of the Town Attorney, effective March 23, ;1988, at a~salary of $15,816.32 per annum. 12.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny,~ Council- (a) woman Cochran, Justice Edwards, Supervisor Murphy. ~Thi.~esolution' was declared duly ADOPTED. MURPHY: Number 12(b) is to create a position. MARCH 22, 1988 ~'~ 9 3 ~-12.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was (b) RESOLVED that the Town Board of the Town of Southold hereby creates the position of Clerk Typist for the Nutrition Pro, ram, and sets the salary for same at $15,816.32 per annum. 12.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- (b) woman Cochran, Justice Edwards, Supervisor'Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: NUmber 12(c) is a resolution to transfer Christine Schlachter, Clerk Typist in the Office of the Supervisor, to the position of Clerk Typist in the Nutrition Program, effective March 24, .1988., at a salary of $15,816.32 per year. I offer that resolutiOn.~ 12~-Moved by Superv sot Murphy, seconded by Justice Edwards, it was -(c) RESOLV~O 't~at t~e Town Board of the Tow~ of Southold hereby transfe~:s Chr'istine M.i Schl~ch~er, Cl. erk Typist in tl~e Office of the Supervisor, to the postion of Clerk Typist ~fOr ~he NUtrition Program, effective Marcl~ 24, .1988, a~t'a Salary of $15,816.32 per annum. 12.-Vote of the Town ,Board: Ayes: Councilwoman Oliva, Councilman penny,- Council- (c) woman Co~hran, Justice Edwards, Supervisor Mur'phy. This resolution was declared duly ADOPTED. ~ SUPERVISOR MURPHY: Number 13 is to set a public hearing on a proposed Local Law. 13.-Moved by Justice Edwards, 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 Taxation", now, therefore, be it RESOLVED that the Town Board hereby sets-8:10 P.M., Tuesday, April 5, 1988, Southold Town Hall, Main Road, Southold, New York as time and place for a public hearing on the proposed Local Law which reads as follows, to wit: LOCAL LAW NO. -I988 A Local Law in Relation to Taxation BE IT ENACTED by the Town'Board of the T~wn of Southold as follows: (additions indicated by underline, deletions by [brackets]. Chapter 85 (Taxation) of the Code of the Town of Southold is amended as follows: !. Section 85~2.A. is amended to read as follows: A. If the income of the owner or the combined-income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the-sum of ~[nine thousand dollars (~$9,000.)] twelve thousand dollars ($12,000.)~ "Income tax year~' shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no return is filed, the calendar year. Wher~ titl~ is vested in either the husband or the wife, their combeined income may not exceed such sum. Such income shall include social security and retire- ment benefits; interest; dividends; total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income, salary or earings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustions, wear and tear of real or personal property held for the production of income. I1. This local law shall take effect upon its filing with the Secretary of State of the State of New York. 13.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISO~R MURPHY: Number 14 is'a Budget modification fo~ the 1987 Budget, General Fund; Part Town, Building Inspector, Contractual from JAB, Contractual. I offe~r that resolution. 14.-Moved by Supervisor Murphy, s~e~o~c~ed by Councilwoman Oliva, it was RESOLVED that the Town Board of-the Town of Southold hereby authorizes the followin~ 1987 Budget modifications to the General Fund - Part Town: To: B3620.4 Building Inspector, Contractual Expenses $20.00 From: B3157.4 JAB, Contractual Expenses $20.00 14.-Vote of the Town Boar~l: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 15 is an appointment as a Clerk Typist. MARCH 22, 1988 15.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Helene O. Horne -as a provisional~ Clerk Typist in the Office of the Town Clerk, effective April 4, .1988, at a salary of $15,816.32 per annum. 15.-Vote of the Town Board: Ayes: Councilwoman Oiiva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTED. SUPERVISOR MURPHY: And Number 16 is to accept a bid~ 16.-~loved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that t~he Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry Oistrict to accept the bid of Thames Shipyard and Repair Co. for drydocking and periodic inspection~of the M/V RACE POINT,.at a base bid of $7,150.00, plus $~45.00 each for the installation 0f sacrificial anodes (zincs) and for the accomplishment of the following supplemental work as may be found necessary at the ti~e of drydockiog: (1) Shaft removal and gauging (per shaft) $1,500.00; (2) Renewal of S~rut bearings (per bea~ing) $1,000.0'0; (3) Hull plating ~enewal $27.00 per h~ur/$.40 pew b. 16.-Vote of ti~e Town' B6a~d:' AyeS: C0un~ilwo~a~ Oliva, Councilman Penny, Council, ~ ~~ ~ Edwards, ~SUl~rvisor MurPhy. This resolution was declared duly ADOPTED~ SUPERVISOR MURPHY: Number 17 is to authorize an advance fee payment. 17.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fe~ payment in the amount of $975.00 for two (2) 46 passenc~er coach buses for the May 18, 1988' Senior citizen bus trip to the Bronx Zoo (2 buses ~at $487.50 each. = '$975.00, check made payable to Hampton Jitney, Inc.), said charge to be made to A.7620.4, Adult Recreation. 17.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, J us~ic~ Ed~,ards,~ SuperviSor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 18 is to authorize a construction on Town property. 18.-Moved by Councilwoman Oliva,...seconded by Councilman Penny, it was RESOLVED 'l~bat the Town B0~rd of. the Town of Southold hereby authorizes the Cleaves Point Village Condominium Association to extend the existin~ revetment approximately:fifty (50)feet across the end of Shipyard Lane, East Marion, which construction will prevent future erosion at this site; said work to be accomplished at the expense of the Cleaves Point Village Condominium Association, as approve~l by. Superintendent of Highways Jacobs, and upon the execution of a hold harmless agreement to. be prepared by ToWn Attorney Schondebare. 18.-Vote of the Town Board:. Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is "Resolved tha~ the Town Board of ~he Town of Southold hereby accepts, with regret, the resignation of Christina J. Hogan, Confidential Secretary to the Supervisor, effective April 1, 1988,' and extends their _ best wishes for success ~ and happiness in her new position with the County of Suffolk." COUNCILMAN PENNY: I think the seconding should be unanimous on that. 19.-Moved by Supervisor Murphy, seconded by the Entire Town Board, it was (a) RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the r~siqnation of Christina J. Hoc~an, Confidential Secretary to t~e Supervisor, effective April 1, 1988, and extends their best wishes for success and happiness in her new -I~osition with the County of Suffolk. 19.-Vote of the To.wn Board: Ayes: Councilwoman OIiva, Councilman Penny, Council- (a) woman'Cochran', Justice Edwards, Supervisor Murphy. This resolution was declared dul~-AE)OPTED. SUPERVISOR MURPHY: A proclamation will be presented and read into the record at this time, and will be presented to Christina some time in the futUre~ 19.-Moved by Supervisor Murphy, seconded by the Entire Town Board, lb) WHEREAS, CHRISTINA J. HOGAN, a most esteemed employee of the ToWn of Southold, is leaving her position as Confidential Secretary to the Superviso/r on April_ 1, 1988;and WHEREAS, CHRISTINA J. HOGAN has given generiously of her time and talent in her faithful service to the Town of Southold since January 1, 1980; and WHEREAS, her record of fine ser¥ice, diligence to duty and dedication to:~he Town of Southold and its people deserves the sincere gra~tude of those with whom and for whom she has served; now, therefore, be it -~ MARCH 22, 1988 RESOLVED that the Town hereby expresses its most sincere appreciation to for her unselfish and wholehearted ~operation and untiring efforts?on behalf ~f~ the Town, and extends their best wishes for the years ahead; and be it further RESOI-VED that a copy of this resolution be presented to Mrs. Hogan and entered in the permanent record of this Town Board ~.meeting. 19.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- (b) woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY:I'd like to just comment that Chris is leaving after over eight years of service to the Town. I think she has been most helpful to the various members of the Town Board. I know to the p~esent Supervisor she's been fantastic. To many member of the public who have come into my office and also to the press~ I-think~ who she had a-.special relati0nship-with~ made ~their time a lot better.~'~' Chris is going to a promotion. She's going to be working as an East End Coordinator for the County Executive, and so she will be involved with Southold Town and all the East End Towns~ and I wish her well.---And Number 20 is an environmental determination on a proposed l,ocai Law. 20.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVEO that pursuant to Article 8 of the Environmental Conservation Law, S~te En¥ironmental Quality Review, and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board~ and lead agency for the action described .below, has determined that the project, which is unlisted, will not have a Si~nificant effect on the environment. Description of Action: Proposed ~"Local Law in relation to Open Space or Open Area Preservation". The project has been determined not to have a significant effect on the environ- ment because an environmental assessment has been submitted which indicated that no significant adverse effect~to the environment are likely to occur should the proposal be implemented as planned, an~ because there has been no response in the allotted time from the New York S~tate Department of Environmental Conservation, it is assumed there are no objections nor comments from that agency~ 20.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: Number 21 is the appointment--and I think I'd like Ray Edwards to please make it. 21.-Moved by Justice Edwards, seconded by the Entire Town Board-, it was RESOLVEO that the Town Board of the Town of Southold hereby reappoints Ser~e Doyen, Jr., as a member of the Southold Town Board of Appeals, effective April · 19, ,1988. through April -19, 1,993, at a salary of $5,616.00 per annum. SUPERVISOR MURPHY: He has been fantastic. Ho.w many years has he served, Ray ? JUSTICE EOWARDS: Over 20 I think. SUPERVISOR MURPHY: And I don't think he's m~ssed a meeting over here. He's made the effort to come from Fishers Island for all these meetings, and we appreciate it. 21.-Vote of the Town Board: Ayes: Councilwoman Oliva~ Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is "Resolved that the Town Board of the Town of Southold hereby reappoints Bennett Orlowski, Jr.~ as a member of the Southold Town Plann~g Board, effective April 30, 1988 through ~pril 30, 1993, at a salary of $5,616.00 p~r annum." ! offer that resolution and ask that it be seconded by the e~tir~ Town Board. 22.-Moved by Supervisor~Murphy, seco~ted by th~.Enti~e Town Board, it was RESOI,VEO that the Town Board of the Town of Southold hereby reappoints Bennett Orlowski, Jr. as a member of the Southold Town Plannin~ Board, effective April 30, 1988 through April 30, 1993, at a salary of $5~616.0~ per annum. 22.-Vote of the Town Board: Ayes~: Councilwoman Ollva, Councilman Penny, Council- woman Cochran, Justice Edwards~ Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPerVISOR MURPHY: Number 23 is to approve and adopt a Stop Work Order form to 'be used by the Southold Town Building Department. I offer that resolution. MARCH 22, 1988 ~3.-Moved by Supervisor Murphy, seconded, by Justice Edwards, it was RESOLVED 'that the Town Board of the Town of SoUth01d hereby approves and adopts a Stop Work Order form to be used by the Southold Town Building Oepartment; said form designed and recommended by Assistant Town Attorney Berntsson. 23.-Vote of the Town Board,: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy, This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: Number~24 is to adopt a~Local Law. 24.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No.' 2 - 1988.was introduced at a meeting of this B~ard held on the 23rd day of February, '1988; and WHEREAS, a public-hearing was held ~thereon by this Board on.the 8th day of Ma, .1988, at which time 'all interested persons weregiven an opportunity ~o be heard thereon, now, therefore, be it RESOLVEO that Local I~aw No. 2 - 1988 be'enacted as follows: LOCAL LAW NO~ 2 , 1988 A Local Law in relation tQ Open Space or Open Area Preservation Chapter 59 Sections 59~1 through 59=9. (Reserved) Section ~59-10 Title. This Chapter shall be known and may be cited as the "Open Space or Open Area Preservation of the Town of Southold". Sections .59-11 through 59-.19. (Reserved) Section .59-20 Purpose. The Town Board of the Town of Southold finds that the acquisition of open space or open area in lands located in the Town of Southold which areas or spaces if preserv. and maintained in their present open state is in the public interest and a proper purpo of the town in'accordance with the findings and determination of the New York State Legislature, as set forth in Section 247 of the General Municipal Law. Sections 59-21 through 59-59. (Reserve~) Section ;59-30 Definitions. ~s used in this hcpater, the ,terms used herein are defined as follows: ACQUiSiTiON - To accept by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest or right in real 'proPerty included,_ not limited to, development rights, r g ALIENATION - The transfer of the fee or any lesser interest or iht i property from the Town of Southold to another. COMMI~TTEE - ~l'he Southold Town Open Space Committee. OEVEL©PMENT RIGHT - The permanent legal interest or right to prohibit or restrict the use of land for any purpose other than open space or open area. OPEN SPACE or OPEN AREA - Any space or area characterized by (1) na'tural scenic beauty, or (2) whose existing openness, natural condition, or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources. STRUCTURE - Anything constructed or erected in, on, or under the ground, or attached to anything having a location, on, or under the ground, including fences Sections .59-31 through 59-39. (Reserved) Section 59-40. Acquisition of open space or open area. ^. Upon authorization ~by the Town Board, the Supervisor shall solicit offers for the sale to the town of the fee or any lesser interest or right in real property as may be recommended by the committee. B. Upon the receipt of such offer or offers, the Town Board shall cause an appraisal or appraisals to be made of the market value of the fee or any lesser interest or right 'in such real property being offered. C. After receipt of such appraisal or appraisals, the Town Board shall hold a public hearing on the question of the acceptance of such offer or offers. D.Within sixty (60) days after such hearing, the Town Board shall adopt a ~resOlution either accepting or rejecting such offer or offers. Sections 59=41 through ~59-49. (Reserved) Sec[ion 59-5'0. A. The fee or any lesser interest or right acquired by the Town pursuant to the provisions of th~s~c~apter shall not hereafter be alienated~ except upon the affirmative vote of ~a majority of the Town Board after a public hearing thereon and upon the ~approval by the electors of the town voting on a proposition sub~mitted at ~ special or biennial town election. No subsequent amendment of the provisions of the subsection shall alter the limitation impos upon ~he a~ienation of the fee or any lesser interest or rights acquired by the town prior to any such amendment. B. The instrument of conveyance transferring the fee or any lesser interest or right in real property to the Town of Southold shall be executed by the Supervisor on behalf of the Town of Southold and the grantors and shall contain a covenant specifically setting forth the lim~tations on the alienation of the fee or any lesser interes~ or rig~ ~t and the limitations on the ~se and enjoyment of the estate or interest reserved by the grantor as the same are set forth as of the date of the contract for the sale of said fee or any less~ interest or right. C. Open Space Committee. (1)~ The Committee shall consist of five (5) members to be appointed by anc~ serve at the pleasure of the Town Board. The Chairman of the C~mmi~ shall be designated by the Town Board. (2) Duties of the Committee The Committee shaii perform the following duties: (1) To recommend to the Town Board lands in which the fee or any lesser interest or rights should ~be acquired by the town. (2) To review all matters relevant ~to open space or open areas. (3) To serve as a review board for the granting of permits for the construction, reconst~uction and additions of and to ............................... structures~in or on lands in which the fee or any lesser ...... interest or rights have been acquired by the town. (4) To promulgate such rules and regulations as may be deemed necessary to govern the admi~i~straHon~ procedures and dutie~ of the Committee, which rules and regulations shall not becom effective until approval by the Town Board. (5) To prepare, amend and maintain appropriate maps delineating open space or open area lar~Cts, landis in which the fee or any lesser interests or rights~ have been. acquired, lands in which the fee or any lesser in~ere~st or rights are proposed to be acquired and such other information as may be deemed app rop riate. (6) To perform such other duties and function as may, from time to timew be directed by the~Town Board. (b) The Committee shall be authorize~l to incur such expenses in the performance of its duties as shall be appropriated therefor by the Town Board. Sections 59-51 through .59-59. (Reserved) Section 59-60. Severability. Should any provisior~s of this chapter be adjudged invalid by a court of competen jurisdiction, such adjudication shall not affect the validity of any other provision of this chapter. This Local Law shall take effect upon its fi~ing with the Secretary of State. 24.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is to authorize' the Town ~lerk to advertise for resumes for five members of the Open Space Committee. ~ Offer that resolution. 25.-Moved by Supervisor Murphy, seconded by C'~uncilwoman Oliva~ it was RESOLVEO that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for ~ive ~5) members of the Open Space Committee. 25.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice-Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MtJRPHY: Number 26 is to authorize a refund. 26.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $696.00 to Anthony Gamblno, which sum represents the payment of a duplicate building permit fee. 26.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilwoman Cochran, Justice Edwards~ Supe~visor Murphy. Abstain: Councilman Penny. This resolution was declared duly ADOPTEO. SUPERVISOR' MURPHY: Number 27 is a resolution authorizing the submission of an applicatiof~ to the Suffolk County Department of Health Services for a matching fund grant under the Public W~t~r~Main Extension Program. I Offer that resolution. 27.-Moved by Superviso~ Murphy, seconded by Councilwoman Oliva, it was RESOLVEO that the Town Board of.the Town of Southold hereby authorizes the submission of an application to the Suffolk County Department of Health Services for a matching funds ~rant under their Public Water Main Extension Program, for a water main extension along'New York State Route 25 to Old Orchard. Lane, and down Old Orchard Lane, East Mar~on, and if this project is selected the Town will match county funds appropriated for this project. 27.-Volt, of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AI~OPTED. 8 MARCH 22, 1988 SUPERVISOR MURPHY: Okay, it's now 8:00 o~clock~ and I'd like a resolution to recess for the time it takes to hold our public hearings. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOL~/EO that a recess be called at this time. 8:'00 P.M., for the purpose of holding .four public hearings: 8:00 P.M. Proposed "Local Law in Relation tot he Regulation and Control of Alarm Systems." 8:02 P.M. - Proposed "Local Law in Relation to Boats, Docks and Wharves." 8:05 P;M. - Proposed "Local Law in Relation to Scavenger Wastes." 8:07 P.M. - Propos. ed "LOcal Law in Relation to Wetlands." Vote of the.Town Board: Ayes: Councilwoman Oliva~ Councilman Penny, Council- woman Cochran,'~Justice-Edwards, Supervisor Murphy. This resolution was. declared duly ADOPTEO. Meeting reconvened at 8:15 P.M. SUPERVISOR MURPHY: I Would like to reopen the regular Town Board meeting, going back, to Resolution No. 28 which is to gran~ permission to a church. 28?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 First Baptist Church of Greenport to use the southwest side of the Norman E. Klipp Marine Park, Manhanset AvenUe, Greenport, for a sunrise service on April 3, ,1988; at 6:45 A.M., provided they secure and file with the Town Clerk a certificate'of insurance naming the Town of Southold as an additional insured. 28.-Vote of the Town Board: Ayes; Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: Number 29 is to authorize the Landmark Preservation Commission and the Town Clerk to place a 1/4 page in our official newspapers. I offer that resolution. 29.-Moved by Supervisor Murphy', seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Landmark Preservation Commission to place 1/4 page advertisements in The Su~lk Times and The Long Island Traveler-Watchman, in search of a pa~ti~cular stYl which the Commission has reason to beheve was once prevalent and common'in the Town of Southold. 29.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman-Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resoluti°n was declared duly ADOPTED. SUPERVISOR MURPHY; And Numbe~ 30 is to appoint a part-time Counselor. 30.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Ann Fteischman as a part-time Counselor under the Crime/Orug/Alcohol Program, effective March 1 , 1988, at a salary of~$4,800.00 per annum, to be paid from the Community Development Program Year 13 budget, and fringe benefits to be paid fromt he General Fund. 30.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, Justice' Edwards, Supervisor Murphy. This resolution Was, declared duly' ADOPTED. SUPERVISOR MURPHY: Number 31 is'tO appoi~i~Suzanne Walden to the provisional position'of Clerk Typist in the Building Department, effective April 4th, at a salary of $15,816.32. ! Offer that resolution. 31.-Moved by Supervisor , Murphy, seconded by JuStice Edwards it was RESOLVEO :~'hat the Town Board of the Town of Southold hereby appoints Suzanne Walden' to the .provisional position of Clerk T~.~pist in the Building Department, effec~i~,~ April ~, '.1988, at a Salary of $15,816.32 per annum. 31.-Vote of the Town Board: Ayes: 'Councilwoman Oliva, Councilman Penny, COuncil- woman Cochran, Justice Edwards, Supervisor Murphy~ This resolution was declared duly. ADOPTEO. SUPERVISOR MURPHY: Okay, if you would like we could act on a couple of the hearings we had tonigh~ on' Local. Laws. The Alarm System Law we should let Oanny comment on.--So Number 32 is to enact Local Law No. 3 - 1988, "A Local Law in Relation to Boats, Docks and Wharves." MARCH 22, 1988 99 32.-Moved by Councilman Penny, seconded b~-~ouncilwoman Oliva, WHEREAS, a proposed Local Law No. 3 - 1988 was introcluce~l at a meeting of this Board held on the 8th day of March, ~1988; and WHEREAS, a public hearing was held thereon by this Board on the 22nd day of March, 1988, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVEO that Local Law No. 3 - 1988 be enacted as follows: LOCAL LAW NO. 3 -.1988 A Local Law in relation to Boats, Docks & Wharves BE IT ENACTEO by the Town. Board of the Town of Southold as follows: i. Section 32-51 of Chapter 32 of the Code of the Town of Southold is hereby amendec by adding a new Subsection F to read as follows: F. It shall be unlawful for any person served with a notice of violation ....... pursuant t~o Section 32-5~.C to fail to comply with such notice. _ ........................ Section 32-53 is amended by amending the title of said section to read: Compliance required; penalties for offenses. Section 32-53 is amended by renumbering existing Subsections A and B to B and C, respectively. Section 32-52 is amended by adding a new Subsection A to read as follows: A. It shall be unlawful for any owner, occupant, build~r, ar~hitectr contractor or their agents or any other person to fail to comply with any provision of this chapter, or to fail in any manner to comply with a written notice, directive or order of the Bay Constable, or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. II. This Local Law shall take effect upon its filing with the Secretary of State. 32.-Vote of the Town Board: Ayes:' Councilwoman Olivar Councilman Penny, Council- woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: And Number 33 is to Local Law in Relation to Scavenger Wastes." 33.-Moved by Councilwoman~ Cochran, seconded by enact'Local Law No. 4- 1988, "A Councilwoman Oliva, WHEREAS, a proposed Local Law No. 4 - 1988 was introduced at a meeting of this Board held on the 8th day of March, 1988~ and WHEREAS, a public hearing was held thereon by this Board on the -22nd day of March, .1988, at which time all interested persons were give an opportunity to be heard there- on; now, therefore, be it RESOLVEO that Local Law No. 4 - 1988 be enacted as follows: LOCAL LAW NO. 4- 1988 A Local Law in relation to Scavenger Waste~ BE IT ENACTEO by the Town Board of the Town of Southold ~s follows: I. Section 75-11.2'of Chapter 75 of the Code of the Town of Southold is amen~led by adding a new Sul~section F to read as follows: F. It shall be unlawful for any person served with a notice of violation pursuant to Section 75-11.2.C to. fail to comply with such notice. Section 75-11.3 is amended by amending the title of said section tor ead: Compliance required; penalties for offenses Section 75-11.3 ia emdned by renumbering existing Subsections A and B to B and C, respectively. Section 75-11.3 is amended by adding Subsection A to read as follows: A. It shall ~e unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provision of this chapter, or to fail in any manner to comply with a written notice, directive or order of the inspector, or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. I!. This Local l~aw shall take effect upon its filing with the Secretary of State. 33.-Vote of the~Town Board: Ayes: Councilwoman Oliva,- Councilman~ Penny, Council- woman Cochrah, Justice Edwards, Supervisor Murphy. This resolutio~ was declared duly AOOPTEO. SUPERVISOR MURPHY: And Nu~m~r 34 is to enact Local Law No. 5 - 1988, "A Local Law in Relation to Wetlands." 34.-Moved by Councilwoman Cochran~ seconded by Councilwoman Oliva~ WHEREAS r a p.roposed Local Law No. 5 - ~1988 was introduced at a meeting of this Board held on the 8th day of March, 1988; and WHEREAS~ a public hearing was held thereon by this Board on 'the 22nd day of March, 1988, at which time all interested persons were given an opportunity to be hea~thereon, now, therefore, be it RESOLVEO that Local Law No. 5 - 1988 be enacted as follows: LOCAL L~W NO. 5- 198~ A Local Law ~n relation to Wetlands BE iT ENACTED by the Town Board of the Town of Southold as follows: 1100 MARCH 2~, 1988 i. Section 97-31 of Chapter 97 of the Code o_f the Town of Southold is amended by adding a new Subsection F to read as follows: F. It shall be unlawful for any person served with a notice of violation pursuant to Section 97-31.C to fail to comply with such notice. Section 97-33 is amended by amending the title of said section to read: Compliance ~required; penalties for offenses Section 97-33 is amended by renumbering existing Subsections A and B to B and C, respectively. Section 97-33 is amended by adding a new Subsection A to read as follows: A. It shall be unlawful for any owner, .occupant, builder, architect, constractor, or their agents o~ any othem person to fail to comply with any provision o~ this chapter, or to fail in any manner to comply~ with a written notice~ directive or order of the Bay Constable, or to~co~r~duct any'operation in any manner .not in compliance with,a permit issued pursuant to this chapter. II. This Local l_aw shall take effect upon its filing with the Secretary of State. 34.~Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman, Cochran, Justice Ed~vards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, that's the end of our. resolutions and at this time I'd like to ask anyone on the Town Board if they have anything further to say. Ruth ? COUNCILWOMAN OLIVA: SUPERVISOR MURPHY: COUNCILMAN PENNY: SUPERVISOR MURPHY: No, thank you.. George? Not at this time, thank you. Jean ? COUNCILWOMAN COCHRAN: Yes. Resolution No. 16 on the MIV RACE POINT, Judge, ~vhat is zincs? JUSTICE EDWARDS: Sacrificial zincs--a zinc is a soft metal, a little harder than lead, and softer than steel, that they put on the bottom of the steel boat, so when there's any electrolysis when you have two dissimilar metals in salt water there's an electric current that's-buiit up, and the sacrificial zinc, going by the name, will sacrifice. ~efore the Steel does. So every time they haul the boat out they have to unlweld these old zincs, or what's left of them, and weld new ones On at.. $45.00 per. block.. They probably weight maybe five to seven poUnds apiece, an~ they have little steel tabs on them, and they take off the old 'Ones and put on the new ones. COUNCILWOMAN COCHRAN: Thank you. JUSTICE EDWARDS: You're,~welcome. My pleasure. SUPERVISOR MURPHY: Thank you, Judge, for filling us in. Ray, do you have anything? JUSTICE EDWARDS: The only thing is I just want to add it's picture taking time on Fishers !sland. I have probably 25 applications for Motor Vehicle driver licenses sitting in Riverhead'that I'll pick up tomorrow, and-there's a few of the children that are away to school and they'll be home Easter Weekend, so I'm going to take the pictures over the Easter Weekend, and it will probably be a total of 30 Motor Vehicle driver licenseT-photos that I'll be taking over that weekend,~ Ail of sodden-- I was over here last Thursday and I Cleaned up my Motor Vehicle. file, but then between SatUrday and Sunday--I Usually have office hours on the I'sland on Sunday~. two hoors in the morning--it makes it comfor.~ble for .the people when they're away from ~0rl~ or home for the weekend, and I wound up with eight motor vehicles to. register between yesterday an~l~.tOmorrow morning, all of a sudden, like that. Plus a total of about I guess 30 to 35 vehicles so far I've registered this year, and there will. be a good 30 drivers licenses Easter Weekend. Thank you, Frank. SUI~ERVISOR MURPHY: Th~nk you, Ray. It's quite a service anc~we should be putting you on the State payroll. Okay, at this time is there.anyone in the audience who would like to address the Town Board? JOHN TUTHILL: John Tuthill, Orient. I am one of the owners of the wetlands around HafloCks._Bay, and of course you all know that's been in the news and a lot of. discussion lately, and I wanted to present the fact that it seems to be that is more of a private property problem then it is an~-~cological problem, because all of us owners, and you've seen us before, we~ve-:kept Hallocks Bay open and MARCH 22, 1988 101 free of pollution for at least 250.years.. The Town Board I'm sure is in favor of keeping Hallock's Bay pollution free, and you' have ali kinds of laws and regulations which .certainly are adequate to do that. The Baymen want to keep Hallock's Bay free of pollution. The North Fork Environmental Association certainly do. So there's no objection anywhere along the line that we Will keep Hallock's Bay free of pollution. But the State is insisting to come down here apparently, and buy the land ~vhich we do not want to sell, and I'm standing here to see if there's something the Town can do to help us out. Now, Ruth made a ~ery good suggestion two or tl~ree meetings ago, that We get a top mar~ from Albany d0Wr~ here to talk to us. Not so mucl~ to teil us what ~heir plans are~-we don't want itheir plans. We would like to haYe that.man come down so. that you .people and ours could explain to him that we don't ,need I~o have the State buy those ~vetlands. i T'l~:at Will give him his money tp use somewhere else, but. as Loyal Terry said in one Of the speeches ...... here, it's kind of a slap !n',the face to a I of us ~hat have 'been keeping these open for so long, andit seeings.to me that if the Towh Board Would, along with us and the Baymen and the North, Fork Environmental, everybody talk to this top'man, we'd get some results, it doesn't do any good to,talk to [he peOple' in Stony Brook. They're bureaucrats like a lot of people are bureaucrats. They're told;to do something, and they want to do it,. because if they can get that many more acres on their books probably it 'means two or three more men that they can put in their group, and it will bring them up to another salary level, and it's ali to their advantage. But this top man ought to be able to listen to us and. maybe take some action. Now, before I ask Ruth to make the motion again, I Want to tell you another slant on this thing. I-was listening to television--just happened to turn it on the other day--and here's a woman being interviewed, and this woman .. apparently, had something to do with spending S~ate.money to buy State lands, and~she said that'the State now owns 6% of New York State-and that they're 90ail was ~o own 10,%. So that 9or me thinking. How did Orient stand matter. SO I, went up t° Van Tuyl and we looked it over and found out that Orient had 3200: acres. Now, Long Beach apparently has 800. So that's 4,000 acres in Orient. Now the State owns Long Beach-800. They're planning to own 450 more around HaIlock's Bay, and the point now, which is not the'.State, but it's the County more or less, at 50 acres. Now we don't count roads, but thats 1300, and you divide that by 4,1~00 in Orient and that's 30% of Orient that's owned by the State--30%. Now, the State's going to invite their people to come down and enjoy the Statue lands, and how-~long is it going to be before those people coming down to enjoy the State lands and they'll take the ferry, they're going to need a four-lane road. And that's not out of the question either, because about 15 or 16 years ago they actually started to make part of a four-lane road across the causeway there. They wanted to save the causeway like they're doing now and their plan then was to build it up and make it four~il~nes. Well, we had a big cry about that, of course, and you could see what their plans were, and so what's Orient going to be? A w~de place in a four- lane road where the people from the State come down and enjoy walking on the State lands and probably spread a little bit of stuff around, papers and beer ca'ns and stuff, and then either taken the ferry or go back, and we don't--none of you, none of you want that, none of us want that. So, Ruth, since you made the very good suggestion, I ask you right now, make the m~tion that we get this guy down from Albany--~the North Fork Environmental group has already written to him, and ask him to come down here and talk to us and see--we'll ask you people to see if you can't help us to persuade him from trying to take our land from us. Period. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the Town Board? In the back. JOE MERKEL: Joe Merkel, Peconic. I think what John Tuthill said, I think everyone should stop and listen to him, okay? There people are land owners for hundreds of years. We don't even know what that's like. We haven't been around that long. They have, and looks what's happened. We depended on the DEC to protect our bays, okay? And look at What ~he bays are now. Up in Riverhead the plant there is putting in 2,000 gallons a day of waste--it's not being treated right. One complaint- half.a ton o? nitrates every day--that's been going on for twenty years, ten years, okay~ The ba.y right now is almost a dead sea, 16,000 acres of eel grass has died. i'm an' avid fisherman. You can't catch any fish out there last summer. It's disgraceful yet we depended--we counted on'~th~ DEC and ~hey let us down, and now we wan~t to bring them in more? This is absurd. It could take 25 years or more for this bay to clean out. A lot of us might not even be around then. It's a dead sea out there. We just can't catch any fish. It's so bad last summer the Blue Fish couldn't even see the __ They had to leave, and the Blue Fish was a pretty hardy fish. The Horseshoe Crabs are now gone. They've been around a billion years, and we killed them ou~ already, the Horeseshoe Crab. One billion years they've been around, and we managed to destroy them. It's just sickening. When ! go,out there--I've been boating for 25 years of my life or more, and when I go out'-~:~re and you can~,t even enjoy it. You're afraid to swim in that water, it's so brown you can't even see a foot down. And that's the DEC. And just last week ~n Newsday they c~me out and said they can't get any .enforcement people down on Long Island, because they have no cost of adjustment for salaries. So they're a big paper tiger. They can print and print paper and that's alt they do. I'm a landscaper and we just got paper this think of requirements for licensing. They're not going to enforce that~ 20 to 30 pages long to put down crabgrass control on my customers. If a landscaper has 20 customers he's got to read through 20 pages of r, equirements and laws and regulations and postings and notifications just to service 20 customers. Yet the homeowners aren't affected by this at all,. and there's more homeowners that are putting more chemicals on their laws then the landscapers are. So as far as I~m concerned we don't want the DEC out here and we should listen to the people..It's their p~operty, they've been paying the taxes, they bought the land, and they deserve the right to use the land. And they've been· ,taking care. of it darn good and !. don~t think~ the DEC or anyone else can do any: better Job then .them. And I think we should, listen to the people, and that's what government ,is supposed to be for, for the people, by the people, and ........ right now it's not that way. ~Ve've got some serious probi~ms ouE here and no one seems to be doing anything about it, and l;,think it's about time that the people in government started listening to the people. Okay? And that's all. I have to say tonight. SUPERVISOR MURPHY: Thank you. Is there anyone else in the audience would like to address the Town Board? Over on the left? Middle? On the right? (No response.) If not I think a motion to adjourn is in order and I would like to thank everyone for coming out tonight. Moved. by CouncilWoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED 'that this Town Board meeting be and hereby is adjourned at 8:30 P.M. Vote of the .~row~ .Board: Ayes: Councilwoman Oliva, Councilman Penny, Council- woman Cochran, JUstice Edwards, Supervisor Murphy. This resolution Was declared duly ADOPTED.. Southold Town Clerk