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HomeMy WebLinkAboutTB-08/23/1988276 SOUTHOLDTOWN BOARD AUGUST 23, 1988 WORK sEsSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilwoman Jean W. Cochran, Councilman George L. Penny IV; Councilwoman Ruth D. ,Oliva, Councilwoman Ellen M, Larsen, Town-Clerk Judith T. Terry, Assistant ToWn AttorneJ~/~i!!l Robert H. Berntsson. 9:00 A.M. - Sean McCabe, Peconic Ambulance Service, met with the Board to discuss the possibility of an ambulance district to Southold and Cutchogue. Also in attend- ance was Mr. McCabe's associate Mike Kwasna, Gutchogue Fire Oistrict Commissioners Anthony Btados, Robert Doroski, Curtis Horton, and Southold Fire District Commissioners William Salmon, Ben Drum, George Berry, Pete Grattan, Mr. McCabe explained that the Peconic Ambulance Service has been losing a lot of money in Southold and Cutchogue, as it costs them $1,000 a week to provide 24 hour service, and most of the patients do not reimburse them. They would like a contract with the Town or the Southold/ Cutchogue Fire Districts at an annual fee of $50,01~0, and will continue to bil-I patient'~_~ insurance companies for the costs. Ben Drum said the Southold Fire District had 264 emergency calls during 1987. and there is a lack of manpower, and no money in the budget for an ambulance this year or next. Furthermore, he stated an Emergency Medical Technician must take an extensive number of hours training at his 'own expense as it is illegal for the district to pay the costs. Anthony Blados stated CUtchogue has the same problem with manpower and money. Councilman Penny suggested a meet- ing with all the departments to discuss a town-wide ambulance district, but Superwsor Murphy stated the areas of Orient, East Marion, Greenport ~nd Mattituck-are not interested at the present time. Assistant Town Attorney Berntsson stated there has been recent legislation allowing the formation of ambulance di'stricts effectiVe January 1, 1989 and he was asked to begin research the method of forming such a district or districts for Southoid/Cutchogue. Insurance Consultant William Mullen said he is familiar with the problem and would be glad to assist the town in any way he can. 9:30 A.M. - Planning Board member William F. Mullen, Jr. met with the Board to convey the Planning Board's recommenda=tion that the Town hire an in-house Engineer. Mr. Mullen has analyzed the costs of the present firm of Sidney B. Bowne 'agains.t the cost for an_in-house Engineer, and it would be at least half, or approximately $60,000, including wages and fringe benefitS. The Board discuss this furt~her when - preparing the .1989 budget. 9:45 A.M. - For Discussion Items: (1) Notification from the Town Clerk tha't Fishers Island Sewer Oistrict user Thomas ShiJlo is in arrears for 1988. Board ordered the matter submitted to the Assessors to place the arrears amount on Mr. Shillo's tax bill (see resolution no. 22). (2) Oiscussed amount to be deposited with the Town in lieu of land for park and playground purposes by Wolf Pit Associates for sub- division of Wolf Pit Pond Estates, Mattituck. Board will hold for furtlqer di~scussion at the September 6th meeting, pending further information from the Planning Board, on advice of Planner Valerie Scopaz who discussed this matter with the Boa~rd. (3) Letter from the NYS-OEC advising they would like to add a tract of land located on Conkling Point, Greenport, to the legal deer hunting season for the January shotgun season. Board has no objections. 10:00 A.M. - John Halsey, Peconic Land Trust, met with the Board to discuss the Village Green, Southold. A letter has been received from the nephew of-the': late George W,ells w~ho donated the money for the purchase of the Green, Timothy Wells, requesting a plaque in his uncle's memory. Mr. Halsey said plans are curri~ntlY unde~-~-~' way by the Green Committee for this pla(~ue which would also include the name of Herbert Mandel who generously solcl the l~roperty at a reduced sum. Mr. Halsey also[ stated that it is expected the transfer of the property to the Town will tak~_~Dla'ce in late Oecember, 1988, at which time the Peconic Land Trust will place a perpetual restriction on the land that it will always be a park. He would, however, request the Town pay $10,000 at the time of the transfer to cover Land Trust expenses which total approximately $27,841 to date. They raised about $60, 000 in donations, which are~almost exhausted, and were used to improve the property. The Boa_rd assured Mr. Halsey that reimbursement would be forthcoming at the closing. 10:30 A.M. - Roger Wines, Vice President of the Mattituck Little League, met with the Board to request numerous improvements to the Town property at Laurel used for a playing field. Mr. Wines said the improvements would be beneficial for the saf~y of the 348 youngsters who use the field. He would like to see chain link fence, a dougout, batting cage, stora~--b.uilding, clearing of brush in the backfield area, :and construction of one more field. Councilwoman Cochran, Chairman of the Parks AUGUST 23, 1988 and Beaches Committee, advised she has inspected~ the area and agrees i~l: a~e~ needed..~ She asked Mr, Wines to draw up a proposed layout and priority list, and will invite him to the next Parks and Beaches Committee meeting. 11:30 A.M. - Executive Administrator Victor Lessard met with the Board to request a meeting with them to explain the Building. Department files:presented by Charles Zahra on A~Jgust 22nd. He ,does not feel the~Board of Appeals should be rendering decisions on them before he has an opportunity to explain their contents. He said he and the other building inspectors feel they may have to appeal any decisions of the Board of Appeals in court. Mr. Lessard was assured the Board of Appeals is being asked to review the files for clarification and this is not. a reflection on the Building Department's decisions. 11:40 A.M. - Board reviewed regular meet ng resolutions. 11:50 P.M. Recess for lunch. 2:00 P.M. - Rudolph Bruer, Esq., representin~g the Griswold-Terry-Glover Post No. 803 American Legion in their petition For a ~hange of zone, met with the Board to urge them to reassess their SEQR Positive 13'eclaration prepared by Dave Emi[ita and approved by the Town board. He said~the Statements made in the declaration, particularly those referring to the setting of a precedent and the need for a generic environmental impact statement, are unjustified. Mr. Bruer stated that to his knowledge, there are no other fraternal lodge organizations in~.the Town with pre-existing noncon- forming uses, and Mr. Emilita's statement that: "A precedent would also be set for ~- zone change requests on other sites improved with..buildings used by fraternal organ- - izations throughout the Town" doesn't compute, ~- as he believes. t_he only other fraternal organization is the Knights of Colur~bus~ on Depot Lane which was constructed after December, 1979, and does not enjoy the same status as the GTG Post. Mr. Bruer also protested the preparation of the generic environmental impact statement which would encompass from Hortons Lane to Akeriy Pond Lane. David Emilita revi!ewed his findings in the Positive Declaration, stating he was not prepared to change his recommendation to the Board. Joseph Zimmer, Past-Commander of the GTG Post urged the Board to rescind their 'declaration and request for a GEIS.--The Town Board reserved decision on this matter. 2:50 P.M. - Work Session adjourned. REGULAR MEET1NG 3:00 P.M. A Regular Meeting of the Southold Town E~oard was held on Tuesday, August'23, 1988, at ti~e Southold Town Hall, Main Road, $outhold, New York~ Supervisor Murphy opened the meeting at 3:00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry SUPERVISOR MURPHY: Okay, Thank you. The first order Of business is a resolution approving the audit of the bills of August 23rd. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the followin~ audited bills be and hereby are ordered paid: General Fund, Whole Town bills in the amount of $48~492.05; General Fund, Part Town bills in the amount of $15,846.04; Highway Department, Whole Town bills in the amount of $4,324.82; Highway Department, Part Town bills in the amount of~4,477.16;Fishers Island Ferry District in the amount of $11,919.30, Fishers Island Ferry District Agency & Trust bills in the amount of $288,75, Fishers Island Sewer District bills in the amount of $201.33; Nutrition Fund bills' in the amount of $6,235.31; Adult Day Care bills in the amount-of $215.13; Home Aide Program bills in the amount of $335.56; Snap Program bills in the amount of $3,425.19;E SEPProgram bills in the amount of $84.80; Agricultural Lands Development Rights bills in the amount of $600.00; Dog Pound Capital Account bills in the amount of $1,056.00; Computer Capital Account bills in ~he amount of $159.36; Shellfish Management Capital Account bills in-the~amount of $3,326.82. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman ~Oliva, Counciman Penny, CoUncilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution.was declared duly ADOPTED. ~AUGUST 23, 1988 .... .~ , ~ SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town Board meeting held on August 3, 1988, and the minutes of the Towf~ Board meeting held on August 9, 1988, and the minutes of the Town Board meeting held on August 22, 1988. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the minutes of the regular Southold Town Board meeting held on August 3, 1988, the minutes of the regular Southold Town Board meeting held on August 9, 1988, and the special Southold Town Board meeting held on August 22, 1988 be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards,Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for September 6th, 1988, 7:30 P.M., Southold Town Hall. I offer that resolut~ion. Moved by Councilman Penny, seconded by Justice Edwards,' it was RESOLVED that the next regular Southold Town Board meeting will be held at 7:30 ~P.M., Tuesday, September 6, 1988, Southold Town :Hall, Main Road~ ~Southold, New York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochrant Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR I~IURPHY: The first item on the,agenda are Reports. I's like to remind anyone who's interested they are on file in the Town Clerk's Office for anyone to read 1. Town Justice Tedeschi - monthly report for July, 1988 2. Police Department monthly report for July, 1988 3. Supervisor's monthly budget report for July, 1988 4. Councilman's Reports. At this time I would like to ask the Councilmen if they have anything special to report, starting on my left with Judge Edwards. JUSTICE EDWARDS: Thank you, Frank. The Wednesday after the July Board Meeting, I visited the Motor Vehicle Department and got through eight Motor Vehicle applications for the people on Fishers Island. The following Sunday John Divello of Mattituck Sanitation came over to Fishers Island and looked over our Landfill in preparation as to cost of carting our garbage from Fishers Island to Southold. Last Friday, I came. over here in the afternoon. The American Legion on Fishers Island had their annual bazaar, and every year I come over here with my boat into Orient, and~bring back a lot of produce for the bazaar; and they did quite well. Saturday, we had our Garbage District meeting on the Island. Mr. Murphy and Mr. 'Hochbrueckner~ ancl Mr. Koss trom the DEC was there. The people on Fishers Island are very concerned about how we're going to go with our Garbage;what we're going to do with it. We're planning an incinerator. Whether or not we'll go through with incineration or bring it over here to Southold, is still a big probleTM. Supervisor Murphy found out that people are concerned about the, double taxation that we're getting over there now. I had my usual court case on Sunday morning on Fishers Island. A couple of court cases were brought in there. Yesterday at four o'clock I left Fishers Island and came over by boat to Orient Point. I had a beauti, ful trip. The Sound was beautiful. I will go back sometime tomorrow afternoon. That's it, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Raymond. Ellen? COUNCILWOMAN LARSEN: Thank you,. Frank. On the 10th of August, I attended the Code Committee meeting, which Councilwoman Oliva will report on. We discussed nonconforming uses and we also looked at the proposed Master Plan in rela~tion to nonconforming uses. On the 16th 'Mark McDonald anct Robert Villa from the Water Advisory Committee were working on the Core Watershed Area at th.e_~ Town Hall. They are putting a great deal of time and effort i~to this stu~'. I joined them that day and exchanged some information that I thought was' important that they have. On ~the 18th I attended the Zoning 'Board of ApPeals meeti,~ng, where they have, in my 'opinion, seVeral difficult decisions to make. On the . 21st, Sunday, I attended the annual "Cocktailswith the Supervisor".~' At t~hat time, I had the opportunity to speak with many of the Mattituck residents. Specifically some of their concerns related to the prol3(o~sed boat ramp at the Carey tank farm, which i 'relayed to Councilwoman Oliva and, Councilwoman Cochran, On the 22nd, yesterday, I attended the Chamber of COmmerce dinner - in Greenport. The Greenport Chamber of Commerce has a very busy '-itinerary ce]-i~brating their 150th Anniversary. The first of October, there will be a parade and an evening dance,~-~vith ~a very reasonable ticket price of five dollars. They.also discussed some advertising that they're doing on WALK in relation AUGUST 23, 1988 ~ to tourism and the fact that our on the North-Fork do remain unpolluted. That the North Fork :hes · advertising spots on the radio,hoping out the tourism that has suffered as the result of medical waste on Long Island. Thank You. SUPERVISOR MURPHY: Thank you, Ellen. Jean? COUNCILWOMAN COCHRAN: Yes, Frank, I would like to take a moment to talkabout trees a_r~d o-ur way of work. As many of you recall two weeks ago, a proposed ordinance was presented to the Town. Our way of work since I've been on the Board has been, that if there is the need for a new law or ordinance, that it goes through the Code Committee. Granted, any Councilman can present an ordinance passage, but our way of work haS been such because at the Code Committee it gives the ZB^, it gives the Planning Board, it gives differant departments within the Town government imput into the developement of 'importance. In addition we've created a Tree Committee, six months ago, eight months ago, whenever it was, and they have also presented to us a Tree Ordinance r which they would like us to consider. It was given to the Town Board, I believe, around May, the end of May. To date, we've not reviewed it .as a Town Board. I am not knowledgable, if it has been reviewed by the Code Committee at this point. I feel very strongly, that we are either going to continue to work in an organized manner, where each department has the ability to imput or we're just going slipshod present ordinances. I think it's important that this ordinance go back to the Code Committee. Actually it has never come out of the Code Committee. The way it was left in the Code Committee is that several would be gotten from adjourning Towns, that the Code 'Committe would review and take imput from everyone, and develop the Law and present it to the ,Town Board. I would like to see us continue in this. way of work, but if it is going to be changed, ! would like to know that. I think a Tree Ordinance is important. I think most people do support it, but I think it's the manner in which these things are presented to the Town Board, that is equally as important. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Jean. George COUNCILMAN PENNY: Yes, i attended the meeting of the Code Committeeon the 10th, which has been reported on and will be followed up by Ruth, again. Then, I took off for a ten day vacation, and I'm happy to report that the Brown Tide does not exist between here and Nantucket. Thank you. SUPERVISOR MURPHY: It's gone from here to. Ruth? COUNCILWOMAN OLIVA: Thank you, Frank. First of all, Jean, the Land Clearing ProPosal will be taken up at the next Code Committee meeeting, which will I~e next Wednesday, and we will invite the Tree Committee to attend, and get their input from that. I would first of all, like to welcome my older daughter, Connie, who's in the back there, from California. I appreciate her coming today to listen to us. Thank you, Connie. We did have the Code Committe on August 10th, and. we were all set. I brought papers and everything else to cio non- conforming and then we started to look at the proposed Master Plan Code and realized that it was entirely different from the one that we have now, and is is probably even more restrictive and it would be silly of us to go through and pass one now, because then if we passed the Master Plan, we would have to change that again. So, we're going to wait to see if the Master Plan was passed and then to amend any ne.cessary changes in that, after the Master Plan was changed. There's also a lot of areas we've found that are lacking in the Master Plan code, and perhaps the Code Committee can address those, and we can address other things that are not under zoning and this tree clearing,or land clearing would certainly be one of them, and we can address that. That's all I have at this time. Thank you, Frank. SUPERVISOR MURPHY: Than you, Ruth. The only thing l'd like to add to what the Councilpeople have said, we had the Thursday after our last meeting, we had a very informative and good meeting with the sixteen firms, that are going to be prospective bidders on our composting and recycling facility at the landfill. Excellent turnout. I've gone up to Albany looking for funding, being that we are so far ahead of any other community I think in New York State on this, that I think we're going to be eligible for quite a bit, hopefully, quite a bit of funding for it, and also I'd like to report that hopefully tomorrow or the next day, maybe even today, it might: be put on the floor. The Land Transfer Tax has a very good chance of being passed in the Assembly. JTg-~ been doing an awfu! lot of lobbying-. I was in to see the borough president of Manhattan asking for help, and David Dinkle, asking his help in his organi- zation to get the New York delegation behind us in support of this. So farrit looks very good. .~_ II. PUBLIC NOTICES. Moving on to Item 11 on the agenda, there are four;-Public Notices. These are all on file in the Town Clerk's Office and posted on the Bulletin Board for anyone to read. AUGUST 23, 1988 1. u5 Army (~orps of. Engineers, NY District; Application of Bay Bottoms, Inc., to install floating oyster rafts in Shinnecock Canal, Great Peconic Bay, Town of Southampton. Written comments by August 25, 1988 2. Village of Greenport; Notice of Public Hearing at Village Hall, 236 Third Street, Greenport, N.Y.,on August 25, 1988, concerning: (1) 7:30 PM on the application of V. Matassa and J. Tavano to construct a floating dock in Sterling Basin, Greenport. (2) 7:45 PM on the application of A. DiPalo to ~dredge, install pilings and repair and replace floating docks at Beach Street .and Sandy Beach Road. ..~. 3. US Army Corps of Engineers, NY District; Application of Victor Pafundi to install tloating piers arid piles in Cases Creek, Aqueb0gue. 4. US Army Corps of Engineers, NY District; Supplemental Public Notice re #13374, DEIS. Comments on August 18, 23, and 24, 1988. III. COMMUNICATIONS. SUPERVISOR MURPHY: There are six communications of various interests to the Town. T.hese, again., are available if anyone is interested. 1. Thelma R. Richter, treasurer of the North Fork Duplicate Bridge Club, a non-profit club, donating $450.00, proceeds of the weekly bridge games held on Tuesdays, 7:30 PM at the Southold Recreation Center in Peconic, to the Eastern Lonq Island Hospital 2. Edward V. Ecker, Sr. of the Suffolk County Board ot Elections, a thank you for the great day on Fishers Island, August 3, 1988. 3. Ronnie Wacker, President of the North Fork Environmental Council, expressing disappointment with the defeat of the [and-clearing law. 4. Donald Spates, suggesting that steps be taken to preserve the area known as Angel Shores I, by allowing no development of that land. ' 5. Lydia A~ TOrtora, President, Captain Kidd Civic Association, requesting certain action regarding ~motor Vehicle and other violations at the Mattituck Park District, be taken. 8. Mattituck Chamber of Commerce, Ellen Barker, requesting some action to be taken on the unsightly building on Pike Street. IV PUBLIC HEARINGS: SUPERVISOR MURPHY: There are some Public Hearings, scheduled for this afternoon at 3:30 1. Propbsed "Local Law in Relation to ~Zoning." 2. Proposed "Local Law in Relation to Environmental Quality Review." 3. Proposed "Local Law Providing for a Four Year Term of Office for the Supervisor." 4. Proposed "Local Law Providing for a Four Year Term of Office for the Superintendent of Highways." V RESOLUTIONS: SUPERVISOR MURPHY: We'll move on to resolutions. At this time, I would like to remind the people in the audience, being that we have some additional people, the Town Board will listen to anyone at this time concerning any proposed resolutions. Anyone may address the Town Board at the end of the meeting, after we finish the resolutions and all other business. We'll stay here as long as anyone wants to g ve us any ideas, any thoughts, good or bad, that you might have about To~vn goVernment. That's wh~t we're here for, to listen. Is there anyone here who would like to address the Town Board on any proposed resolution? Over on my left? In the middle? Over on the right? (No response.) Hearing none, we'll move on to the first.one, which is to authorize the purchase of a new computer system. 1.-Moved by Councilman Penny, seconded by Councilwoman Oliva, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 23, 1988, AUTHORIZING THE PURCHASE OF A NEW COMPUTER SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $60,000., APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $60,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. ~t~ THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: _ ' Section 1. The Town of Southold, in the C_ounty ~of Suffolk, New York, (herein called "Town"), is hereby authorized to purchase a new computer system for the Town. The estimated maximum cost of said speci"ic object or purl~ose, including preliminary costs and costs incidental there~t0~ and th~ financing thereof, is $60,000 and said amount is hereby appropriated therefor. The Plan of Ifinancing includes the ssuance of $60,000 serial bondSof the Town to finance said aP._Propria~ t on, and the levy and collection of taXes on all the taxbble real proPerty in the Town to pay the principal of said bonds and the interest thereon as the sa~e shall become due .and pay~ble. Section 2. Serial bonds ~.~ the Town in the principal amount of $60,0~00, are hereby authorized to be issued pursuant to the provisions of the Local AUGUST 23, 1988 ' -- Finance Law, constituting Chapter 33-a of the :Consolidated Laws of the State of New York (herein called "Law") to finance saidiappropriation. Section 3. The following additional matters a~re hereby determined and declared: (a) The period of probable usefulness-~f said specific object or purpose for which said $60,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a 81. of the Law, is ten (10) years; however, the bonds authorized pursuant to this resolution or any bond anticipation notes issued in anticipation of the sale of such bonds shall mature no later than five (5) years from the date of original issuance of such bonds or notes. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 4.of the Law. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and ny notes issued in anticipation of said bonds, shall be gneral obligations of the Town, payable as to both prinicpal and interest by general tax upon all the taxable real property within the Town without limitation of rate of amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemp- tion of the bonds and any notes in anticipation., thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bon anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Suptervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law shich should be complied with at the date of the publication of such resolution are not substantially complied with, and an action r suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribing by ¶81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMEN," a news- paper publiched in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper publiched in Greenport, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. 1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,~ Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to. authorize the hiring of a part-time Deckhand. 2.-Moved by Justice Edward~, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to employ Daniel E. Henderson as a part-time Deckhand, effective immediately, at a salary of $5.25 per hour. 2.-Vote of the Town Board; Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to accept the bid of H.O. Penn Machinery Co., Inc., in the amount of $11,945.00, for furnishing and installing rel~laceable caps. 3.-Moved by Councilwoman Cochram, seconded by Councilwoman Larsen, it w-as RESOLVED that the .~own Board of the' Town of Southold hereby accepts the bid of H. O. Penn Machinery CO., Inc., in the amount of $11,9q5.-00,' for furnish!_n ~and in.s.t~ Ca~ned Caterpill~--~Com- pactor ~od~-I 816B: all in acco~dan~-~ with t~ 3.-Vote ~Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. Abstain: Judge Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is a trailer permit renewal. ~1- Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the application Zdzislaw Mikolajczyk for renewal of his one family house trailer permit, for trailer located on the south side.of private road (JOhn's Road), off of the east side of Main Road, Mat1~ituck, be and hereby is 9ranted for a six (6) month period. 4.-Vote'of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The next one is to advertise for an instructor, 5.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a fall program instructor for guitar lessons, said charge to be made to A7020.~, Recreation Administration, Contradtuai Expenses. 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to set a public hearin§. 6.- Moved by Councilwoman Larsen, seconded by Justice Edwards, 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 Zonin§"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, September 6, 1988,i~ 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: LOCAL LAW NO. 1988 A Local Law in Relation to Zoning BE IT ENACTEO by the Town Board of the Town of Southold as follows: I. Section 100-136.A of the Code of the Town of Southold is hereby amended to read as follows: A. I1) ;The total building lot yield of the standard subdivision meeting all applicable requirements shall be used to determine the number of building lots which the Planning Board may grant in a cluster subdivision. II. This Local Law-shall take effect upon its filing with the Secretary of State. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. COONCILWOMAN LARSEN: Judge Edwards should be very happy, that we're enacting this Law. It will enable Fishers Island to have two more affordable housing sites on their property on Fishers Island. SUPERVISOR MURPHY: Number 7 is to set another public hearing. 7.-Moved by Councilman Penny seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of The Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning"; now, therefore, be it RESOLVEO that the Town Board hereby sets 8:02 P.M,, Tuesday, Septembe~r 6, 1988, Southold Town Hall, Main Road, Southold, New York as time and. place for ~oublic hearing on the aforesaid proposed Local Law which reads as follows, to wit:'- LOCAL LAW NO.-- 1988 A Local Law in Relation to Zoning BE IT ENACTEO by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of South01d is hereby, amended as follows: --'~- ~.~ 1. Section 100-141 A. is hereby amended by adding a new subsection "7" tp read as follows: 7. An application for a building permit for construction on'a vacant lot, ~.:_ which is not on an approved subdivision map, shall be accompanied by a certified abstract of ti~[_~ issued by a title company which shall show single an separate ownership-~-of the entire lot prior to April 9, 1957. 2. Section 100-144 D. is hereby amended to read as follows: AUGUST I1~ This Local Law shall take effect upon its filing with the Secretary of State. .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny. Councilwoman Cochran, Justice Ewards, Supervisor Murphy. This resolution was declared duly ADOPTEP~ ~ SUPERVISOR MURPHY: Number 8 is to accept,with regret,the resiqnation of William H. Grigonis from the membership on both the Southold Town Farmland Committee and the Southold Town Open Space Committee, wl~ich he served since the inception on both, and served them very Well. If the proposed use is in conformity with the provisions of this chapter, a certificate of occupancy for the use of vacant land, a change of use or a nonconforming use shall be issued by the Building Inspector after receipt of a properly completed application. A certified abstract of title issued by a title company which shall show single and separate ownership fo the entire lot prior to April 9, 1957 shall be submitted with an application for a certificate of occupancy for vacant land or a nonconforming use. If a certificate ot occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. Section 100-144 G. is hereby amended to read as follows: G. The Building Inspector shall, after inspection, issue a certificate of occupancy for any building or-use thereof, or of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter after receipt of a properly completed application and certified abstract of title issued by a'title company, which shall show single and separate ownership of the entire lot prior to April 9, 1957. If a certificate of occupancy is denied, the Building Inspector shall state the reasons there- for in writing to the applicant. Section 100-144 1. (4) is hereby amended to read as follows: 4. Preexisting dwellings: one hundred dollars ($100.). 8.-Moved by Supervisor Murphy, seconded by Entire 'Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts with regret the resignation of William H. Grigonis from membership on both the Southold Town Farmland Committee and the Southold Town Open Space Committee, effective i~-.~mediately, and extends their sincere appreciation to Mr. Grigonis for devoting his time and expertise to these committees, especially the Farmland Committee which he has been a member of since May 10, 1983. 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy This resolution was declared duly ,'ADOPTED SUPERVISOR MURPHY: Number 9 is to advertise for resumes for those committees. 9.-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 resumes for one (1) member of the Farm- land Committee, and one (1) member of the Open Space Committee. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- ~.~sPenny,_.Councilwgn~an (~o~h.ran, Justice Edwards, Supervisor Murphy. resolution was oelarec~ duly ADOPTED. SUPERVISOR MURPHY: I might just add, being as there are more people here today, we have until September 1st,to take resumes, also, for the ZBA. If any- one is interested. Moving ~on to number 10 is 'to grant permission to John Cushman and Kenneth Reeves to attend an IBM Desk Top PubliS.hing Demonstration. 10.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Accountant John Cushman and Recreation Director Kenneth Reeves to attend ' an IBM Desk Top Publishing Demonstration on Monday, August 22, 1988, at the iBM Customer Center, Jericho, New York, and the use of a Town vehicle for transportation. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- ~r~n Penny., Councilwoman Cochran, Justice Edwards, Supervisor Murphy. his resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is to grant permission to John Cushman and Jeanne Cullen to attend a two-day video seminar. 11.-Moved by Supervisor Murphy, seconded by Councilwoman Cocharan, it was RESOLVED that the Town Board of the Town of' Southold hereby grants permission to Accountant John Cushman and Account Clerk Jeanne Cullen to attend a two- day video seminar at the IBM Customer C~enter, Jericho, New York, on August 25 and 26, 1988, use of a Town Vehicle for transportation, and necessary expenses for meals. ~_ 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resol~ition was declared duly ADOPTED. 284 AUGUST 23, 1988 SUPERVISOR MURPHY: Number 12 is to authorize a submission of a study to the DEC. 12.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Holzmacher, McLendon and Murrell, P.C. to submit the Southold Landfill Expansion Hydrogeologic Field Investigation Work Plan to the New York State Department of Enviornmental Conservation for approval. 12.-Vote of the Town Board~ Ayes: Councilwoman Larsen,~Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to authorize a refund. 13.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $300.00 to Costello Marine Contracting Corp., which refund represents an application fee to the Board of Town Trustees, and it was later discovered the Trustees do not have jurisdiction over the area described in the application for a permit. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oiiva, Councilman Penny, Councilwoman Cochran, Justice Edwards,Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to authorize a grant application. 14.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Francis J. Murphy to submit a grant application to the New York State Department of Environmental Conservation for a $40,900.00 grant for a demonstration project to encourage community invo vement and s~pport in the State's solid and hazardous waste management program. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I would like to comment at this time. We stand an excellent chance of getting this money, being that we are the only community in New York State that has a household hazardous waste storage facility and permit. This will be to help operate it; to get the information out to the public, because the more we take in this way, the least contamination we're going to have in our groundwater. Number 15 is to accept a proposal. 15. -Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that th~ Town Board of the Town of Southold hereby accept~s the proposal of Robert Brown,A.I.A., Fairweather-Brown, to conduct a Space Requirement Study at the Southoid Town Hall for the purpose of ._determining the present and future space requirements, all in accordance with their proposal dated August 17, 1988; proposed work to be at a fee of $80.00 per hour, not to exceed $2,400.00 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, COuncilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to authorize the Town Clerk to advertise for bids for the sale of our IBM System 36. 16.-Moved by Supervisor Murphy, seconded by Justice-Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the sale of the IBM System 36 Model 5360 - DZK with work station, expansion, IMB.Main memory, 716 MB disk, diskette magazine with 10 magazines. ..~> 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OliVa, ~.ouncllmap I~enny, (~ouncilw. oman Cochran_ Justice Edwards, Supervisor Murphy. n.s resolut.on was declaredduly ADOPTED. SUPERVISOR MURPHY: Number 17 is to.grant permission. 17.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Sob'{hold hereby grants per- mission to the North Fork Housing Alliance to do soil borings and land clearing on Town-owned property located on a right-of-way south of' SoUndview Avenue, . Southold, to determine placement of proposed housing under the Affordable ~:Hou sing Program. ' ' 17.~0te of the Town Board: A~s: Councilwoman Larsen~ Councilwoman Oliya, Councilman Penny, Councilwoman Cochran, Justice Edwards,Suptervisor Murphy. This resolution was declared duly ADOPTED. AUGUST 23, 1988 28'5 SUPERVISOR MURPHY: I would like to welcome our Congressman,George Hochbrueckner, who just got here. I think he's become a permanent tlgure in Southo[d Town. The last four days he's been here three times. George, why don't you come up, and with great honor I'd like to welcome'Arnold Bocksel: a .resident of Mattituck, and his entire family and many t~. OuY Congressman, is so kind, he's going to present him a medal. Arnold, George? CONGRESSMAN HOCHBRUECKNER: Thank you, Mr. Supervisor, and thank you, Town Board. I apologize for disrupting your proceedings, but t think it's proper and approI~ri~ate that we be here today to honor someone from your community, who deserves to be honored, a's your. Supervisor indicated.I just met Ari~old B~cksel, just the .other day when I was out here visiting the East End, in cha~ing with him, i was surprised and very pleased to hear of his service~ record'. He indicated to me, in an informal conversation, that he was a POW in the Second World War. He explained to me some of the circumstances of his background, and I asked him if he had been the recipient of the POW Medal, which has been authorized by Congress. He had indicated that he had received :the ~ medal, but it had come in rather an info,mai way. I felt it would be proper, and appropriate for me to come here before the people, his neig ives and friends to formally present to him the POW~ Medal by. Congress. Let me say a few ~words about'his deeds, ~b~ Es a remarkable history, and it's of note, and you, his neighbors, y, Arnold Bockseli~ es onS~igsbee Road, M~ttituck (1 won't tell-how .)~ is being presented with the POW medal for ~ set prisoner of war. casej~ ~1 remember the second it. I' bit younger than he is.~ I remember, whe · serve~ in US Navy~ of the things that I did, I had the opportu .large d~scribed the second World War.:in th all of :s, everything that went on. And when Arnold mentioned ~o' me that he had, in fa~, been captured at Corregidor, and?was invol~zed in the Bataan Death MarCh. I knew what he was tal~ing about, because I had read about it:in history, but he lived it. That's why it's- proper and! appro- priate ti :here, to commemorate this medal ceremon~y. He ~remained a prisoner three and a half years, until he wa$!~liberated by the Russians i~ and while ~n a Jap~a~ese POW camp in ~Ma~nchuria.,. 3~)0 miles south of he~ survi.ved numerous Japenese force mashes,: prison: ships and bc .In fact, he weighed 98 pound~,~.when~he was liberated.' N~W, Mr, Bocksel,. you are our hero re in Southold. I'd like to P0~t outi thatl he's received other awards ~ service. He recieved t.H'e Bronze Star~ and of course, the POW meda today., the Ph lippine Defens~e Mecl~li., eight Battle Stars, the Presidential Unit ~.Ci~tio~, ~WO Oak Leaf Clus~e~-s'~ian~ cet~tain y we are very proud of this Mr~ii Bocl~se~, iand'know you are prOudi"of i~im, l~o0. it gives me great pleasure t° fOrmal y present to him the POW Medal of our Nation. Congra~-culations. ARNOLD BOCKSEL: I don~'t deserve a Purple Heart. I wish to thank the Congressman for this presentation, which I accept, not as a hero, but as a survivor. I think the o~ly heros there, were all those men who never came back, who died in the prison camps, on the hell ships. Those men-who gave up there tomorrows, so we could have our todays. Thank you. CONGRESSMAN HOCHBRUECKNER: You may regard yourself, as a survivor, but you are our hero. Thank you all for your indulgence. Enjoy your day, and 1'11 be back soon. SUPERVISOR MURPHY: I might add that if there is anyone out here, that knows of any other person who has n~t been presented this Medal, I;~ suite we can call upon our Congressman to come back and do it as many times as neccessary, and be happy to do it. Okay, it'..~.now a little after 3:30, so I'd like a resolution to recess in time to hold these Public Hearings. Moved by Councilwoman Oliva, seconded by Councilman Penny,that a-recess be called at this t~me '.3.:30 P.M. for the purpose of holding a public hear-fh-g on a proposed "Local Law in Relation to Zoning.", at 3:32 P.M.~ on a proposed "Local Law ~n Relation t~ Environmental Qualtiy Review.", at 3:35 P.M., at 3:35 p.M.' ~nd .7~:~0 P.M. ,on a p~oposed "'local Law Providinct for a Four 'Year Term of Office for the Supervisor~" and at-3:37 P.M.' ~nd 7:32 P:M. on a proposed -"Local' Law P~oviding for a Four Year ~Term of 'Office for the Superintendent of Highways." ~- Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. Meeting reconvened at 3:40 P.M, SUPER'VISOR MURPHY: I'll reopen the regular Town Board meeting, and go on to Resolution No. 18, which is an appointment of Gladys Little and Lorraine Murphy, (no relation), as an Aide in the EISEPProgram. 18.- Moved by Supervisor Murphy, second by Justice Edwards, if was RESOLVED that the Town Board of the Town of Southold hereby appoints Glad,/s Little as an Aide in the EISEP Pro~ram~ effective August 23. 1988, 20 hours per week. $5.00 per ,hour. and Lorraine Murphy as an Aide in the AISEP Program, effective July 29:, 1988,' 20 hours ~per week, $,5.100 per 'hour. 18.-Vote of. the Town Board: Ayes,: Councilwoman LarS~n, CoUn~ilW°mar~ Oliva~, Councilman Penny. Councilwoman-Cochran, Justice EdWards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is to send for a Civil Service ,List. 19~-Moved by Councilwoman Oliva, -seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of-Southold hereby authorizes and directs Supervisor Francis J. Murphy to request Suffolk County, Depart- ment of Civil Service Certification of Eligibles Lists for the following positions: Account Clerk,, salary $18~478,82 per annum; Clerk Typist, Town Clerk's Office, $15,816.32 per annum. 19.-Vo-te of 'the Town Board: Ayes: CouncilwOman Larsen, Councilwoman Oliva, Councilman-Penny, Councilwoman Cochran, Justice' Edwards, SUpervisor Murphy. This resolution: was declared 'duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to execute a contract. 20.-Moved by Councilman Penny, 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 between the Town and the North Fork Animal Welfare League, Inc., whereby the League will operate the Southold Town Dog Pound and provide Dog Control Officer services for the Town o'f Southo!d for the period August 1, 1988 through July 31, 1991 at the following amounts: August 1, 1988-July 31, 1989- $79,098.00; August 1, 1989-July 31, 1990-$84,630.00;August I, 1990- July 31 1991-$90,556;00. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice EdwardS; Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN PENNY: I'd just like to say, that I'm very pleased to see the job that the League has~ done. They've brought the Dog Pound, and the situation down there, out of the dark ages, and they've really, really cleaned it up and they're doing a super job, and I wish them the best of luck in the next three years. SUPERVISOR MURPHY: I think we all do. Number 21 is to set a public hearing 21.-Moved Councilwoman Oliva, seconded by Councilman Penny, AS, there has been presented to the Town Board of tl~ Town of Southold a W HERE proposed Local Law entitled, "A Local Law in Relation to Vehicles and Traffic"; now~ therefore', be it ' e ' RESOLVEO that the Town Board hereby sets 8:04 p.M;, Tuesday, S ptember 6, 198~!:-i Sou~hold Town Hall, Main Road, Southold, New York, as time and pace for a hearing on the aforesaid proposed Local Law which reads as follows, to LOCAL LAW NO. 1988 A Local Law in Relation to Vehicles and Traffic BE IT ENACTEO by the Town Board of the Town of SouLhold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. By amending Section 92-30 (Stop Intersecti~-~s with Stop Signs) by adding thereto the following: O irection At I n tersection Location Stop Sign on of Travel with (Hamlet) Sg.~Jndview Avenue East Hortons Lane Southotd Soundview Avenue We _s?~-- Hortons Lane Southold I1. This Local Law shall take effect upon its filing with the Secretary of State. AUGUST 23, 1988 28,7. 21.-Vote of the Town Board: Ayes: CouncilwOman Larsen, Councilwoman Oliva, C0uncHman Penny, ~C0uncilwoman Cochran, Justice Edwards, SuPervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to assess a Thomas Shillo for unpaid Fishers Island Sewer District rent. Rescinded 9/20/88 Resolution I~1o. 7 22.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was ~ RESOI'VED ti~t the To~/n B~ard of the T~wn of Southold, in accordance with Section 76-23 of Chapter 76 of the Southold Town Code, hereby deter~mines that the Fishers', Island SeWer District rent owned by Thomas ~t~illo, in tho. amount °f'$630~00, sha~l be levied a~la nst the real l~r~opert¥ of Thomas Shillo, and shalJ,,i~e cOl:i~ed fat the same ti~qe and in the same manner as town taxes. 22.- 'Ayes: Councilwoman Larsen, CouncilWoman Oliva, ~'°~il~'~i~'~/i:~'~ii~oman C0chrar~, Justice Edwards, SuperviSor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is to authorize the attendance at a conference. 23.-Moved, by Councilwoman Cochran~ seconded by CouncilWoman Oliva, it was~ RESOLVED that the Town Board of the Town of Southold hereby ~trants per- mission to all members of the 37own Board to attend the BioCycle Northeast Conference at Albany, New York, on September 14, 15,16, 1988, and the actual expenses for travel, meals, lodging and registration shall be a legal charge against the Town of Southold. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Pi~nny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:Number 24 is a trailer permit renewal. 24.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the application of Walter and Frank Sawicki for renewal of their sincjle family house trailer permit, which trailer is used to house farm help under the 4-H Program, and is located on the north side of Old North Road, Southold and which permit expires on September 23, 1988, be and hereby is g. ranted for a six (6) month period. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is proposed Local Law No. 20 to enact which is a"Local Law in Relation to Zoning", the one we had the public hearing on today. I offer this resolution. 25.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS_, a proposed Local Law No. 20 - l~88. was introduced at a meeting of this Board held on the 2~;th eay of July, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 23rd day of August, 1988, at which time all interested persons were given an opportuni.ty to be heard there- on; now, therefore, be it RESOLVED that Local Law No. 20 - 1988 be enacted as follows: LOCAL LAW NO. 20- 1988 A L~cal 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 100-13 (Definitions) is hereby amended by deleting "Fences" from the definition of "Building". 2. Section 100-13 (Definitions) is here~ amended by adding the term "FENCE" to read as follows: "FENCE - A structure bounding an area of land designed to either limit access to th9 area or to screen such an area from view, or both." II. This Local Law shall take effect upon its filing with the Secretary of State. 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 288 AUGUST 23, 1988 SUPERVISOR MURPHY: Number 26 is to enact Local Law No. 21, which is a "Local Law in Relation to Environmental Quality Review." It's the second public hearing we had today. 26.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEIS, EAS, a proposed Local Law No. 21 - 1988 was introduced at a meetin§ of this Board held on the 9th day of August, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 23rd day of August, 1988, at whic~ time ail interested Persons were given an'opportunity to be heard there~ on;~ now, the~'efore, be it RESOLVED that Local Law~ No. 21 - 1988 be enacted as follows: . LOCAL LAW NO. 21 - 1988~ "' ~ Environmental Oua!ity~ Review BE IT ENACTED ': I. Chapter 4~ (En~ ~ Review) of ;the"Code-'~f the Town of Southold is hereby : 1. Section 44-20 is hereby amended to read as follows: Section 44-20. Fee. Where an a,~:tion s~bject to this ChapteP involves an applicant, a ifee shall be paid to the Town in accordance with Section 617.17 of the Rules. Where the Town must prepare a FEIS, a fee charged to the applicant shall be the actual cost incurred, by the Town. ~ II. This Local Law shall ~ake e~fect upon its filing with the Secretary of State. 26.-Vote of the Town Board: iA~es: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Coch~n, Justice Edwards;' Supervisor Murphy. This resolutiOn was decla~ed'~duly ADOPTED. SUPERVISOR MURPHY: That's the end ofthis part of the agenda, so at this time I would like to ask the Town Board members, if they have anything_further to say. Ruth? COUNCILWOMAN OLIVA: I'd just like to say as you see by the amount of code changes, that the Code Committee has been working very d~ligently. We've gotten a lot done so far, and I hope we continue to do so. Thank you, Frank. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: I'd like to support what Jean Cochran had said earlier. It was a Local Law that was not passed last week, and was referred back to the Code Committee. Attempts were made to put it back on the agenda tonight without discussion by the Code Committee. I really don't think this is a healthy way for us to be operating. Also, I very seldom respond to editorials in the local papers, but I don't see where the connection is between pass~ir~g local law elections, and the passage of a Local Law. A Local Law should rise and fall on its merits, and not on politics. I hope that this type of theatrics will discontinue and we can go ahead, and do the job we were elected to do. I would like to see this law passed, and in an amended form as I stated, and it's on the Town record at the last meeeting. There was no,; and I can quote from the min utes; ~here~s no provision in this 'Law that if a person wants to undertake any portion of these activities, that this Law can be broken into. There is no permitting process, which says that if they can: appeal to the Town Board, and to any other agency within the Town to do very small amounts of this, that they can do that. There is no way out for them. This is a very tight Law; a very restrictive law and in my mind it's too restricted. It could do some ultimate good, but I believe it should be referred back to the Code Committee, and worked on so that it's workable and more palatable. I feel exactly the same way, and I hate to see these things come, poppif~g up again, because it sounds like politics. Thank you. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: I was so busy listening, but I dic~ have a tr.a~. of thought. I react very emotionally when it's a veteran, or someone who has served Our Country, and when it's well deservecl. It certainly was a lovely ceremony, today. But, Frank, I would like to see your office send a letter to all veterans organizations, because off the top ~)f my head, I know two others that were prisoners of war, and I'm sure there were o~H~ and perhaps through our veterans' Organizations, we can~_-~nd those that have,not publicly received their medal, and we can honor them too. SUPERVISOR MURPHY: Maybe just the publicity from this will bring this out, b~.,-cause there's others, and ma~rbe through the veterans' organizations. Ellen? AUGUST 23, 1988 COUNCILWOMAN LARSEN:For once I have nothing to say. SUPERVISOR MURPHY: Judge Edward? JUSTICE EDWARDS: I want to comment. I saw that editorial, also, about the land clearing, I took offense to the editorial, and I had no knowledge of this, the day it was pr~esented to me, the last meeting. I had no knowledge of it. Then~all of a sudden the editorial says we didn't follow the wishes of our constituents. I didn't even hear from any of my constituents. So 1 took offense to the editorial, also. Thank you, Frank. SUPERVISOR MURPHY: Anyone in the audience, who would like to address the Town Board? (No response) Hearing none, we'll recess until after the two public hearings tonight, to see if we will then adopt .the proposed Local Laws. SO we'll recess until 7:30 tonight. Moved by Supervisor Murphy, seconded by Councilwoman Cochranr it was RESOLVED that a recess be called at this time, 3:55 P.M., until 7:30 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,'~ Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 7:35 P.M. Regular Town Board Meeting reconvehed. Present: Supervisor Murphy, Councilwoman Larsen, Councilman Penny, Council- woman Cochran, Justice Edwards, Town Clerk Judith T. Terry. Absent: Councilwoman Oliva. SUPERVISOR MURPHY: We'll reopen the Town Board meetinq, that we had today, and see if the Town Board would like to act on Resolution 1~1o. 27, which is a proposed Local Law No. 22, and we had the public-hearing on this afternoon and tonight. It's concerning the term of Supervisor. 27.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was WHEREAS, a proposed Local Law of 1988, entitled "A Local Law Providing for a Four Year Term of Office for the Supervisor", was introduced at a meeting of this Board held on the 9th day of August, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 23rd day of August, 1988, at which time all interested persons were given an opportunity to be heard there- on; now, therefore, be it RESOLVEO that said "Local Law Providinq for a Four Year Term of Office for the Supervisor" be enacted as follows: LOCAL LAW NO. 1988 A Local Law Providinq for a Four Year Term of Office for the Supervisor BE IT ENACTEO by the Town Board of the Town of Southold as follows: Section 1. The term, of office of'the Supervisor shall be four years. Section 2. This local law shall supersede s~¢tion twenty-four of the town law, insofar as it is inconsistent with such section. Section 3. A proposition for the approval of this local law shall be submitted to the electors of the town of Southold at the general election to be held ~ November, nineteen hundred eighty-eight, and this local law shall become operative ~Q~iy if approved by the affirmative vote of a majority of the qualified electors Voting upon such proposition. Section 4. If this local law is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon at said general election, any of the town officers mentioned in section one hereof elected at a biennial town election held after this local law takes effect shall hold office for a term of four years commencing on the first day of January next succeeding such election. Vote o7 the Town 'Board: Ayes: Councilwoman'"~arsen, Councilma. n Penny, .~ Councilwoman Cocnran, Justice Edward.~, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The next one is a resolution on proposed Local Law No. 23, which is for the Highway Superintendent. 28.-Moved by Councilwoman Cochran, seconded Councilman~enny, it was ~VHEREAS, a proposed Local Law of 1988, entitled "A Local Law Providing for a.~Four Year Term of Office for the Superintendent of Highways", was introduced at a meeting of this Board held on the 9th day of August, 1988; and WHE~REAS, a public hearing was held thereon by this Board on the 23rd day of Augus~ 1988, at which time all intereste~.~persons were given an opportunity to be heard there- on; now, therefore, be it RESOLVED that said "l~o~:al' LaW~'P~d~,iding for a Four Year Term of Office tor the Superintendent of Hiqhways" be enacted as follows: LOCAL LAW NO. - 1988 A Local Law Providinq for a Four Year Term of Office for'~the supe'rintendent of Hi.qhways BE 1~' ENACTEO by the Town Board (~f'~he Town of Sou~hold as follows: Section 1. The term of office' of' the Superintendent. 0f.Highways shall be four years. Section 2. This local 'law shall supersede section twenty-four of the town law, ~ insofar as it is.inconsistent with such section~ ~ 1~!t1~ Section 3. A proposition for the apprOval of th!s local law shall be submitted t~i~ the electors of the town of SouthOId at the general electi~on to b~ held in November nineteen hundred eighty,.eight, and this 1o~'~1 law shall become Operative only if approved by the affirmativ~ vote of a m'ajority of, the qualified eiectors votin~ upon such proposition. Section 4. If this local law is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon, at said general election, any of the town officers mentioned in section One hereof elected at ~ 13iennial town election held after this local=law takes effect shall h01d office for a term of four years commencing .o0 the first day of~ January next succeeding such election. ~._ 28.-Vote of the Town Board: Ayes: Councilwoman Lars~n, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. _~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: -Okay, at this time, is there any Councilman who would like to make any further'commemts'? On my left? (No response.) On my right? (No response.) i have nothing further. Is there anyone in the audience, who would like to address the Town Board, on anything that's they're bothered about? The kids got ' ~ : · - · ' anything? More playgrounds? More s-w~mm,ng lessons? We're going to work on that. How about an ice skating rink? i would like to entertain a motion to adjourn. Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that this Town Board meeting be and. hereby is adjourned at 7:37 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen~ Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Southold Town Clerk