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TB-11/15/1988
SOUTHOLD TOWN BOARD NOVEMBER 15, 1988 4.6 3 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W; Edwards, Councilwoman Jean W. Cochran, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare, Assistant Town Attorney Robert H. Berntsson. Absent: Councilman George L. Penny IV. 9:00 A.M. -The Board reviewed the Preliminary Budget which they propose to adoot at the 7:30 P.M. regular meeting, and made the following changes: Ad.c]ed $8,500.1~0 to A1680;2, Central Data Pro~essing, for a computer for'the Assesssors Office; added $10,'000.00 to'A4210.4 for drug abuse program; $27,500.00 added to A7410.4, Libraries, bringing the total to $55,000.00 as in the 1988 Budget; deducted $35,000.00 from A8160.4, Refuse ~ ,Garb~g'e, and added to A8510. ~, Stop Program; to reflect a more accurate cost for the program. 9:30 A.M. - Tgwn Attorney Schondebare and Assistant Town Attorney Berntsson met with the Board to review several pending items: (1) Vantage PetrOleum Corp.-awaiting appraisal; (2) West Creek Estates~nearir~g preparation of documents for forming a road improvement district; (3) Alarm Systems Law-Southold School is protesting fine-for false alarm--Board asked Town Attorney to review with the possibility of exempting taxing orga~izati6ns, i.e. schools, park and fire districts; (4) Reviewed a proposed Local Law to institute landfill tippling fees at $1.00 per 100 pound for various types of refuse, and $5.00 per item for "white goods", i.e. stoves, refrigerators, etc. (see resolution no. 24 setting a public hearing). EXECUTIVE SESSION * * * 10:00 A.M. - Town Attorney Schondebare and Assistant Town Attorney Berntsson and the Town Board discussed items of personnel, pending litigation and PBA contract negotiations. 11:30 A.M. For Oiscussion' Items: (1) Bid for removal of scrap tires at the Landfill (see resolution no. 18); (2) Nort~heast Solid Waste Conference in Atlantic City--Town Board members to attend (see resolution no. 19); (3) Public hearing on proposed "Local Law in Relation to Garbage , Rubbish and Refuse" to be held at 3:30 P.M., Tuesday, November 20, 1988 (see resolution no. 24); (4) Letter from Jaddie Stewart, Chairman, East End Task Force, regarding the placen~ent of a drug abuse clinic on Eastern Long Island--a meeting will be held at 7:00 P.M., November 15th at the Suffolk County Center, Riverhead to plan the program; (5) Letter from Reverend John P. Sullivan, Pastor of St. Aqnes Church regarding the use of St. Agnes Hall for the Nutrition Program--the Board is unwilling to increase the rent rate to $2,100 as requested by Rev. Sullivan, therefore there must be a month-to-month lease; {6) Letter from RudolPh Bruer, Esq. protestiog the bond estimate amount for the subdivision for Henry ArbeenY, Kenney's Road, ~outhotd--the Board requested Town Attorney Schondebare to review the file.- ..... Following the For, Oiscussion Items the Board reviewed the proposed resolutions for the 7:30 P.M. regular meeting. 12 Noon - Recess for lunch. 2:30 P.M. - Work Session reconvened and the Board audited outstanding bills and further rev,ewed the proposed Local Law to institute landfill tipping fees. 3:30 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A ~e~ular Meeting of the Southold Town Board was held on Tuesday, November 15, 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. " ' ~ Present: Absent: Supervisor Francis J. Murphy Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman RUth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Justice Raymond W. Edwards 464 NOVEMBER 15, 1988 SUPERVISOR MURPHY: Thank you. I'd like to welcome everybody here tonight, and our first order of business is a resolution approving the audit of the bills of November 15, 1988. Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $55,244.36; General Fundi, Part Town bills in the'amount of $12,675.37; Highway Department, Whole Town bills in the amount of $6,413.71; Town:bills in the amount of $10,584.71; Highway of $51,836.75; Southold Wastewater District bills i amount of Fishers Island Sewer D~strict bills in:the amount of $222.24; Fishers Island Ferry District bills in the amount of $9,267.56; Fishers Island Agency & T~.ust bills in the amount of $66.94; Nutrition Fund bills in the amoUnt of $2,'774.54; Adult Day Care bills in the amount of $272;90; Snap Program bills in the amount of $511.23; E1SEP Program bills in the amount of $38.67;"Communit¥ DeVelopment bills in the amount of $~7.56. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a approval of the minutes of the Town Board meeting of November 1, 1988. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the minutes of the November 1, 1988 Southold Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: ,Councilwoman Larsen, CoUncilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The next resolution is to set the next meeting date for November 29, 1988, 3:00 P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the next regular meeting of the Southold Town Board wi be held at 3:00 P.M., Tuesday, November 29, 1988, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes~ Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS SUPERVISOR MURPHY: The first item on your agenda are reports. I'd like to remind everyone that these reports are on file in the Town Clerk's Office for anyone who would like to look at them, look them over, discuss them with anybody. Fine. 1. Building Department monthly report for October, 1988. 2. Times Mirror Television Report on Low Income Senior Citizen Cable Television Discount. 3. Town Justice Edwards monthly report for October, 1988. 4. Town Clerk's monthy report for October, 1988. 5. Town Ordinance Inspector's fnonthly report for October, 1988. 6. Town Trustees mOnthly report for October, 1988. 7. Scavenger Waste Treatment Facility monthly report for October, 1988. 8. Town Justice Tedeschi monthly report for October, 1988. 9. Town Justice Price monthly report for October, 1988. 10. Councilmen's Reports. At this time I would like to ask the Town Board members, the Councilman, if they anything to report, starting on my 'left, with Ellen Larsen. COUNCILWOMAN LARSEN: Good evening, Frank. Good evening everyone in the audience. On November 2nd; a meeting of the Parks and Recreation Committee was held of which Councilwoman Cochran is the Chairman, and ' I served on this illustrious committee along with her. At this point, we are very involved in planning, what I would' call, a living park around the Laurel Lake area which Councilwoman Cochran' will give You the details on. At our last meeting, we discussed everything from time to seed an area~ to provide the best germination, to how do you provide electricity to the Little League. A very in depths study and planning has been done by Councilwoman Cochran that was started by her, and Itm very glad to offer her assistance on nature trails. I think this will be a very beautiful park when its implemented. Without further ado, I will leave Mrs. C0~hran something t° report on. On November 4th, we met with the Open Space COrnrnift~e, at Which time several parcels under consideration were addressed. The Open Space Committee is in the process of forming a very comprehensive list of properties to be acquired by the Town of Southold, or to be just looked into for future reference. 4 6 5 Right now we have ................ -' $1, 750, 00b"~Ot0~';~~'~'~':~end to purchase open space With the Township as large as ours to deal with,the acquisitions are being looked at very carefully, but in the long run a list of properties to be acquired is b~ing compiled. On November 10th, I attended the budqet hearinqs. We've had two hearings, o~ at 3:00 P.M., and one at 7:30 P.M, At the 3:00 P.M. hearing we had ten people in attendance. The Trustees from various libraries, again, requested that we reinstate the full $57,000.00 into their budget line, which I'm ve~ happy t0 report the Town Board unanimously agreed to do. We, also~ considered a request from Scott Harris, from the Assessors' Office to install- some additional equipment for their computers, which will, in a lon9 run, provide the Town a savings, We also heard from Dr. Linda Fleming from the Drug and 'Alc; oh01 Abuse, who submitted a budget to Supervisor Murphy, and asked that we include it, and .we have allocated additional $10,000.00 to ~lc~ohol and drug abuse, although we did not specifically line item it at this time, because of,_various r~uests from the County, and other Town agencies. Last 'evening, there was a joint meeting held between ~he Town Board and Planning Board, which I will not report on in detail, as - the Planning Board minutes will be available, and the press will be covering it as well. Outside of that, I think that has been my major activities, although I would like to report on the pump-out facilities. I have been attempting to coordinate with the Trustees for some time. Two meetings. One,was a conflict in many peoples time schedules, and the second one because of secretarial help, they did not know about the meeting, but we did hold a meeting with the marina operators. Pump out facilities provide boats with the ability to remove their waste material and dump it upland rather than offshore. The meeting went very well. There were approx'imately eight marina owner operators there, who were hightly aware of the need to protect the creeks and wetland areas frbm the pollution asociated with boats. I wouldn't say that within out Town would have to educate the marina operators at all, as to pumpout facilities, But the conclusion that we did arrive at, is that until a regional approach is developed to address these pumpout stations, I for one, would feel: U~omfortable asking marinas to install these type of stations that cost upwards to $2,000.00 to SS,000,00, until we have a policy that is a~ceptable by all' levels o~ government, mainly the DEC and the Army Corp of Engineers, so i~'s my understanding that the County will be addressing this on a regional level. It's something we'll be discussing more in the future. Thank you, Frank. SUPERVISOR MURPHY: Than~ you, Ellen. Jean? COUNCILWOMAN COCHRAN: Thank you, Frank. Over and above attending budget meeting on the 10th, and the Carr/Wanet/Norris hearing on the 14th, I would like to report that the Parks Committee had a very fruitful meeting on November 2nd. We're in the process of reviewing a development plan for the Laurel Lake property. We've been looking at the plan itself, and cost estimates. As some of you may or may not be aware, when a developer develops sub-divides, and develops a piece of property, he is required to provide park and playground. But there is an option to that in lieu of providing a park and playground in one given area, the Town can receive funds in lieu of the park and playground in the subdivision. These monies have been placed in accounting, and have been sitting there for the last several years. Thanks to the Town Attorney, and his doinq some research and checking with comptroller and just investigating the ~hole thing we find that we can spend it on a town-wide basis for park and playground. 50 the goal of the Parks Committee is to upgrade, and bring up to a level of enjoyment for all residents of Southold Town the few parcels that we own for park and playground. We received some costs. We're looking right now for a specific price on fences, and I hope to have that by the next Town Board meeting, so I can give the Town Board specifics on the entire plan. Some of things we're going to be doing up there, c~'n the lake side area, we'll be developing that as a picnic area, and it will have handicap accessible. It's almost a natural. There is a road that used to run up to the front of the lake and so. we feel that it's a natural for use by handicapped persons. The picnic tables will fit into the handicap level, and everything else. In addition there's an erosion problem on the banks, which will be taken care of. That end of the property, the plan also calls for a nature walk. In the ballfield area, we've met Roy Wines, and he shared with us some of needs that the ballfield and the Little League need. So that will be graded, reseeded. We're going to fence in the ball area. We will be running electricity out to the batters' mound for a batting machine, so that can be utilized in league play. Also, we will be providing bleachers. Behind the booth area we're planning on a playground area for young people with,perhaps,swings and slides. We have had a local service club that's looking for a project for 1989, as far as a youth project is concerned, so the committee is hopeful that perhaps that [hey would be the body that might supply the playground equipment for the Laurel Lake project. Also, in the area were the nature walk is, part of it is barren land right now, so we feel its important that tree planting be done. It was my feeling that it would be a good l'ine of communication with our Tree Committee, so I have met with them briefly in relation to their becoming - involved. ' The two committees working together in relation to the planting of the trees uP at the site. Some of ~he Work is scheduled for now, That's why we're trying to 9et~ the fence. A lot of it will done in the'sprin9. The only thing we going to have hold on, and after much discussion, and afte~ much discussion, was the planting and seeding of the lawn. If ts done in the spring, they can not play on the field for the summer. So we feel that would be ,the only thing that will hold until next fall. All and~all, it's an exciting committee. We've sat there, ,we've felt that its ,fun, because in govern- ment many times things move very, very slowly, and this is a committee that you can see something happening, 'and ~eceive s0me,~ratification. So,we're having a good time, ~nd ~v~'th'ink~it will, be a park that,~the pUblic will enjoy, and have much use of. Thank you. SUPERVISOR MURPHY: Thank you, Jean, and I'm sure everybody will. George? COUNCILMAN PENNY: Nothing at this time. Thank you. SUPERVISOR MURPHY: Ruth? COUNCILWOMAN OLIVA: On November 1st, I attended the Water Advisory Committee meeting in which they where still discussing their core watershed protectmn area study. They are also discussing a water conservation program for Nassau Point and Great Hog Neck. On November 2nd, I attended the Greenport Utility Committee meeting, which I always attend to try to keep a line of communication between~Gr~enport and ourselves with the water and sewer problems, on November 3rd, we had a Landfill Committee meeting to discuss landfill fees. That evening we had an Open Space Committee, which is, as Ellen said, we discussed various pieces of property, hopeful ~ that we can either acquire or perhaps.acquire using state, county and ou. own money; and, or perhaps some pieces can be donated to the Town as open space. We're working up a whole list of properties for that purpose. On November 9th, Frank and I had a discussion with the Police PBA over the contract, which went very Well; On November 9th, w~-~-~ ~ ~o(~e Committee meeeting and we're starting to address some of the things in the Master Plan Code, that perhaps will have to be changed. We discussed signs, defining public garage, contractor yards, and general business zones. AlSo, to define where a garage can be placed, side yards and more about storage trailers, and reducing the fees for above ground swimming pools. We had the publi(~ hearing for the preliminary budget. On November 14th, last niqht, we had the co-meeting with the Planning Board on the Carr/Wanet/Nor~-is project. I think that's it, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Ruth. As you can see everybodys been quite busy. The only other announcement I would like to make is that, the League of Women Voters on this Thursday, this coming Thursday, at 7:30 in Southold Town Hall, is 9oin9 to have a discussion on recycling and our solid waste problem. Greg Blass is 9oin9 to be here. I'll be speakin9 on what the Town is doing, and there's several other speakers. It should be very interesting, and we urge many people to come out. !1. PUBLIC NOTICES SUPERVISOR MURPHY: Moving on to Item II on your agenda, public notices. There are six of them. They are on file on the Town Clerk's Bulletin Board. Anyone who would like to make a comment, please do. I. New York Department of Transportation. Notice of Order amending. existing "No Stopping" recjulation'on north side of Route 25, Mattituck, increasing the limits by approximately 100 feet. 2, U.S. Army Corps of Enqineers, N. Y. District, Application of Robert Dier to maintain groin, concrete footings and open pile extension at Southold Bay, Shelter Island Sound, Southold, New York. Written comments by November 28, 1989. 3. U.S. Army Corps of Engineers, N. Y. District, Application of Nunnakoma Waters Association, Inc., to dredge with ten year maintenance at Cory Creek, Little Peconic Bay, Southold, New York. Written comments by November 28, 1988. 4. N.Y. State Department of Envionmental Conservation, Notice Of Complete Application of Orient I~y the Sea Marina to maintain and repair existing marina over five years tO' include reconstruction and dredging at Orient by t he Sea Marina, Main Road, Orient. Comments by December 2, 1988. 5. N.Y. State Department of Envionmental Conservation, Notice of Complete Application of Suffolk County Health Department, Bureau of Vector Control, to install and nodify mosquito control structures in freshwater wetlands throughout Suffolk County. Comments by December 2, 1988. NOVEMBER 15, 1988 - 6. State EnvironmentaL.Qua~l~ ,v,i:~w;~,:~:Notice of Completion of Draft ElS and Notice of SEQR Hearincj on applicati'0n of Christopher Connors to place fill and construct a one-family house with 75 feet of wetlands or water on the west side of West Drive, Southold, New York. Comments by December 17, 1988. 467 Ill. COMMUNICATIONS. SUPERVISOR MURPHY: There are four communications, and it's a very good week, because three of them are very nice letters thanking the Town Board for action that has been done, and the other is very good news with Pat Halpin, on that there will be additional funds mainly into the Greenport Headstart Program for day care, and hopefully the County will be taking over that whole day care program, and it should be a big improvement on it. I. Office of County Executive Patrick Halpin, informing the Town of additional funds for Suffolk County Day Care Services, which include the Greenport Head Start Pro~]ram. 2. Michael J. Hall, attorney, commending Southold Town Police for their coverage of the ~azebo at the Village Green, on Halloween. 3. Barry Commoner, Director of the Center for the Biology of Natural Systems, thanking the Town for supporting the CBNS project, "Design and Implementation of a New Regional Trash Disposal System for Long Island." 4. Wesley Dickinson, complimenting the Town on the photographs hung in the Town Hall. IV PUBLIC HEARINGS. SUPERVISOR MURPHY: Item IV on the public hearings. There are three tonight. They start at 8:00 o'clock. 1. Suggested use of approximately $I59,000 in Federal Community Development Block Grant Funds. 2. Proposed "Local Law in Relation to Vehicles and Traffic." 3. Proposed "Local Law in Relation to Sewers." V. RESOLUTIONS. SUPERVISOR MURPHY: We'll n-rove on the Item V, resolutions. I 'would like Lo just remind anyone, if they would like to address the Town Board on any_ of the proposed resolutions, you may do so and this time. After the resolutions are finished, and the Councilman make their comments, there will be a period of time, where anyone who t~ould like to address the Town Board, on any other matter, may do so. So I ask at this time to just limit your comments on any of the proposed resolutions. Is there anyone in the audience, who would like to address any Drol3osed resolutions, on your agenda? We'll move on to resolution number 1, which is to adopt the amended preliminary budget. 1.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the preliminary budget for the fiscal year beginning on January 1, 1989, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Amended Preliminary Budget as the Annual Budcjet of this Town for the fiscal year beginning] on the 1st day of January, 1989, and that such budget as so adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board and be it further RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify, in duplicate, copies of said -Annual Budget as adopted by the Town Board of the Town of Southold, together with the extimates, if any, adopted pursuant to Section 202a, Subdivision 4 of the Town Law, and deliver two copies thereof to the Supervisor of this Town to presented by him to the County Legislature of the County of Suffolk. TOWN BUDGET For 1989 in County of Suffolk Villages Within or Partly Within Town Village of Greenport 468 CODE A B DA DB CD FUND GENERAL GENERAL OUTSIDE VILLAGE HIGHWAY-TOWNWIDE HIGHWAY-OUTSIDE VILLAGE COMMUNITY DEVELOPMENT TOTAL TOWN SOUTHOLD WASTEWATER WEST GREENPORT WATER EAST-WEST FIRE PROTECTION FISHERS ISLAND FERRY F.I. REFUSE & GARBAGE ORIENT MOSQUITO WENDY DR. ROAD IMPRVMNT FISHERS ISLAND SEWER SUBTOTAL-SPECIAL DISTRICTS $ ORIENT-EASTMARION PARK SOUTHOLD PARK CUTCHOGUE-NEW SUFFOLK PARK MATTITUCK PARK SUBTOTAL-PARK DISTRICTS FISHERS ISLANDFIRE ORIENT FIRE EAsT MARION FIRE SOUTHOLD FIRE CUTCHOGUE.FIRE MATTITUCK FIRE SUBTOTAL-FIRE DISTRICTS TOTAL ALL DISTRICTS GRAND TOTAL THIS PAGE SUMMARY OF TOWN BUDGET 1989 ADOPTED APPROPRIATIONS LESS AND PROVISIONS ESTIMATED FOR OTHER USES REVENUES $ 4,770,729 $ 1,602,750 4,532,380 804,231 780,640 20,000 1,553,200 37,000 159,000 159,000 $ 11,795,949 $ 2,622,981 285,000' 11,363 112,000 t,109,1~0 277,600 15,000 2,282 10,150 1,822 545 18,000 68,000 41 500 153 220 280 720 130,800 248,075 120,063 395,500 362,961 300,000 1,557,399 3,660,664 15,456,613 LESS UNE~LPENDED BALANCE $ 310,000 30,000 240,000 $ 580,000 114,650 20,000 -0- 15 ' -0- 960 776,150 200,000 -0- 50,000 -0- -0- -0- 47 10,150 -0- 900,950 $ 271,022 -0- -0- 3,000 -0- -0- -0- 4,300 -0- 7,300 $ -0- 4,800 -0- -0- -0- 5,070 -0- 10,000 -0- -0- -0- 19,870 $ -0- 928,120 $ 271,022 3,551,101 $ 851,022 AMOUNT TO BE RAISED BY TA} $ 2,857,979 3,728,149~] 730,6~0~ 1,276,200 $ 8,592,968 150,350 11,348 111,040 133,000 227,600 15,000 2,235 650,.573 18,000 65,000 41,500 148,~20 $ 273,420 126,000 248,075 114,993 395,500 352,961 300,000~ $ 1,537,529 $ 2,461,522 $ 11,054,490 NOVEMBER 15, 1988, 469 000 0000 0000 0000 ~ 000 0000 0000 0000 ~ ~0~ 0000 ~0~ 0~0~ > 000 0000 0000 0000 ~ 000 0000 0000 0000 I E~ ~0~ 0000 ~00~ 0~0~ O0 O0 O0 O0 O0 O0 O00C 000~ OLO~ LO ~I~ 0000 00~© O~ ~ 03 :Z 0 <[ Z 0 W Z W bJ W OW 000 0000 0000 0000 ~ 0 O0 O000 .0000 ~ ~ 000 00-00 0000 O0000~0~ ~ 000 0~0 0000 0000 E~ 000 0~0 0000 0000 ~ 000 0~0 ~00~ O0 O0 O0 O0 O0 0000 0000 0000 0000 0~0~ o ooo oo ¥o o ;'' U~ O ~ U ~ MU ~W ~ W ~ W ~ W O~U~ W~WUo H~WUO 0~0 ~W~O D~O UW~O I-Z ,,--,,kd I,--_J W~ ZO ~--~U W m Z W Z~ ~WUO X~OZ ~0 470 NOVEMBER 15, 1988 OOOO OOOO OOOO ~ O~O~ OOOO OOOO WA ~-- O~O~ OOOO ~ OOOO OOOO OOOO ~ O~O~ OOOO OOOO I ¢~ D~ O~Ob3 OOOO J 0 0 0 0 0 0000 0 00~ 0 00~ 0 O~ 0000 00~ 00~ 0~ ~ 0000 0000 0000 ~ O0 0000_ 0000 0000 ~ O0 0000 0000 0 0 0000 0000 0 0 0~0~ 0000 0 0 0~ ~ 0 0 0000 0000 0~0~ 0~ 0000 0000 0000 O~ON 000 ~Z~ O0 O0 000 ~ Z U ~Z~ ZW~O W~WU 0000 00~ 00~ 0000 0000 00~ 0000 0000 0000 ~0~ ~ O~ 00~ 00~ 00~ 0~0~ W Z~ Z ~W W OU NOVEMBER 15, 1988 OOO OOOO O LI~, f¢~O31~0 {]~EI O ~ 83 W 0~ I--[:0 C0 1~ tkl 0~ OO ~3 I--tl~ "'" OOO OO OOO OO O%~ 0 0 OO OO > 000 0000 0 > ~ 000 ~100~4 ~ ~ I ~ 0~ ~0% ~ I ~ WZ~ 0~ ~ O0 ~ ~Z~ OOO OO OO OOO OO OO O O ~ --~ 0 ~ OO OO O % H ~ ~ OO OO O ~ ~ ~ ~ OO O~ ~ 000 O0 O0 000 O0 O0 0%~ ~ ~ 0 0 ¢~ ---- OOO OO OO OOO OO OO O~% ~ ~ 0 0 0 l'~ i~ 0484 -- 0 ~ !~'~ ~ hObO 0 0 O0 lO, {D E ~ W O~Z OX ZJ l~UO UUO OC~ ~,0 w W n X oW Z wI- ~Z HO LU O0 000 O0 0 ~ 000 O0 ~ O0 000 O0 0 ~ 0~ 0 >- WZO~ n/ H 0'~ .J 0 0 0 0 0 0 O0 O0 ~0 O0 O0 O0 O0 O0 O0 O0 O0 0 0 0 0 0 0 ~ 000 O0 ~ O0 000 O0 0 rw Obi 0 O0 0 O0 0 ~ O0 O0 O0 0 -0 O0 0~ O0 ~ O0 0~ O0 O0 ~ ~ ~ Oo ~ ~ w W ti. 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O0 LO LO t.9 W Z~ Z W~ Z ~ ~Z~ ~Z ~0 ~W~ 0000 0000 0000 0~0~ 0000 0000 0000 0~0"~ 0000 0000 0000 0000 0000 0000 0~ ~0 000 w ~ Z O W~ Z~WUO OZ~ UO~ 4-82 NOVEMBER 15, 1988 00~ 00~ 0~ 0~0~ 0000 0000 0000 ~0~ 0~ 0~0~ 00~ 00~ 0~ 0~0~ n ~_~ H J 0000 0000 0000 )- WZ~O 00~ 00~ 00~ 00~ 0~ 0~0~ 0 0 LO W 'c OW ~-Z -~W W ~<~ WU~ 0000 0000 0000 0000 0000 0000 0 0 0 0 0 0 w U U Z hi 0 % OW H I--~ {~ WI---" ~W G~ W WZ~O D.J ~<~ O. 00¢4 0~0 o 0000 0 ttj f~ 0 ~ Z W W w L U ~ ~ ~ U O~WUO ~ ~WOO 0 ~U ~ U O0 ~000 ~Z~ ~Z i _J <~ I-- 000 000 E060~ W W -J, b~ ~_~ -J Z ~- ~- ~ r~ :::3 Z N~_WU NOVEMBER 15, 988 483 0000 ~ 0000 ~ 000000000 0 0 ~ 000000000 0 ~ ~ 0~0~0000~ ~ ~ ~ ~~~ ~ N 0~ ~ ~0 0 ~ 0000 ~ 0000 ~ ~00~ ~ ~0~ ~ 0000 ~ 0000 .~ ~00~ ~ 0~0~ 0000 0~0 O~m~ ~E)~ 0 ~ > 000000000 0 0 ~ 000000000 0 ~ I ~ 0~'0~0000~ ~ ~ ~Z~ ~~N~ ~ N ~ ~ ~0 0 ~ W ? 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S3 W Z Z ~ Ld W F- b~ LLI bJ Z J W~ n Z I I I ~- OO O ~ OO O I ,(];~ OO O t.d Z ~O ~1~ En IZ t I I OW OO O ,f.,,0 :::> OO O ~,-~ ~,,t ~ OO O I. dF---, ~ ~ 13LZ mj H_~ ~ WL] -- Q_ Z 0<[ F- Z O~ Z w bJ _J 0 I- (DO O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 t'OCr} 0 0 ,0 O0 O0 O0 O0 O0 O0 0~0~ O0 O0 O0 O0 O0 O0 COCO 0 0 O: O~ O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 OO O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 0 0 0 O"i 0 0 0 0~ ~-0 OU r~ _J W _J U~ EU Z (~ 0 ~0~ J-JO W~ W~ LJ ZD~ 0 nU 03 O U O~ ZO ~n 0 O~ bJbJ ZLd Z~.J ZUO O~I-- EZ ~0 UU z 0 o. O_ ~z _J H- H- n~ W Z Z .d W OW WI--,-. <~ W OWO~, ~-~ -~(C W Z W O_ OW Z 0 O. 0 O_ O_ J <E 0 0 O_ Z W ,-~ W bi (.J Z J W n X W W Z W W W I-- I-- ~Q W n~ OLd ~W <~ W WZO~ OkdG~ ~<~ W Z J <E W~C ZO O_ W Z 492 NOVEMBER 15, 1988 O0 1:~ O0 bJ03 O0 I--~3 0 0 0 I I OO O303 I I OO O3O3 Z 0 H Z 0 H O_ 0 ht rr OLd O0 ~ O0 ~ O0 Izl I-- -- EL___ I-- bl W ~..4 b"l W HO.l I-- f._.l ..d ~0 0 0 0 0 0 O. O_ H- W 0 B_ W Ld W Z Ld n bJ Z Z 01 Ld Z rF WZ60 ~-~EO W.SJ-- I I O0 Z ZO bJI-- O._ X W Z S~ O0 O0 O0 b31f) O0 O0 O0 PiN O0 O0 OO oo 0 0 0 O0 O0 O0 O0 O0 O0 0 Q_ Z W~ OZJ JZO WDJ Z~ O0 O0 O0 O0 (DO O0 O0 O0 O0 O0 O0 '00 O0 O0 O0 O0 COO) 0 0 0 LO £0 O0 O0 ~ O0 ~ O0 O0 ~ O0 ~ O0 O0 ~ O0 ~ oo oo oo O0 O0 Oo O0 ~ b"~ _J ~0 O~ Z P-bJ ,~_J W <]~ -J n~D~ I--I--F- O0 '~Z DJC3 0 t~ JbJ MZ ZZ ~0 LdO. bJZO LdO Z 0 H- O O. J k- O I I I I 0000 I~ lf~ 00 tf) LDO", 0 LO 0~.0 I--CD D_ 0"~ t11t 0000 IIII 0000 ~00~ 0~0~ III1 0000 0000 0000 till ~0~ ~0~ ~00~ 0~ I I I 0 O0 ~ O0 ~D O0 ~ O0 W U ? b'l W ~- ~ ZO W~- 0_ LI I ~ZO~ WZO~ OW w ~WOh H Z3 b-O O_ 000 000 000 000 000 000 000 000 O0 ~-~0 ~t.~ O0 O0 O0 O0 00. ~J Z w n bJ ZZ O0 UU 0 0 0 0 Z 0 0 .J 0 I I O0 O0 O0 I f O0 I I I I I I ~.',I - 0 b~- Ld I 0 ! I 1 W Z w W / 0 U Z 0 0 bJ 7 (J Z ¢ .J ~1-. ZO DJ ? D r~ OW ~W O0 O0 Z w Z OO~.J -J~-O Z~ bdo 000 0~ LdUE UZW w 0 Z 0 0 0 fJ ~ Z U ~ -I n," I-. m · "'" I.IJ f'-' Z Z I.,d bJ n ~ X bJ bJ ::> Z 0 IlL "r- Z :.~ .,~ LQ 0 bJ >'- Z W OW W~ ~W W ~-0~ ! I W Z ~C ZO .i.d ~< W Z 0 0 ~ co 0 r~ 0 0 E-I q-I ~ 0 ":::F (]) ~1 OJ ~-J 0 ~ 1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is resolved that the Town Board of the Town of Southold hereby appoints Ortrud Hanus as a provisionsal Account Clerk, effective November 17, 1988, at a salary of $19,771.80 per annum. 2.-Vot, Councilman This -Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ortrud Hanus as a provisional Account Clerk, effective November 17, t988, at a salary of $19,7~'i.80 per a~num. ' Ayes: Councilwoman Larsen, Councilwoman Oliva, _ ~lwoman Cochran, Supervisor Murphy. ADOPTED. SUPERWli~OR MURPHY: Number 3 is to execute an agreement. 3.-Moved b~ Councilw~)~a:~ Larsen, seconded by Councilman Penny, it was RESOLVi~D that'th~e ~b:wn Board of the Town of Southold hereby authorizes and directs ~: Francis J. Murphy to execute an agreement between the Town ¢ age of Greenport, and North Fork Animal Welfare League, !.nc. wher~b~,'the League will provide services at the Southold Town Dog Pound for dogs seized by Greenport's control officer, for the term of August 1, 1988 through July 31, 1991, all in accordance with the terms and conditions of the agreement prepared by the Town Attorney. 3.-Vote of the Town Board: Ayes : 'Councilwoman Larsen, Councilwoman Oliva, Councilm'an Penny, Cou,ncilwoman Cochran, Supervisor Murphy. This resblution ~as declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is a budget modification. 4.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following] 1988 Budcjet modification to the Federal Revenue Sharing Fund to appr:opriate residual Federal Revenue Sharing monies: Revenues: 599 Appropriated Fund"Balance $ 108.00 Appropriations: 9730.6 Bond Anticipation Note, Principal $ 108.00 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to hire David Emilita. 5.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Planner David Emilita, at a cost not to exceed $210.00 to review the Lon~l Environmental Assessment Form w~th respecz zo ~ne petition ot Oyster Farm Associates by Neted of America, Lts.; said review to include applicant's Part I, prepare a Part I! and III, draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the commencement of the review. 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran,: Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 i~' to resolve the Town Clerk, hereby directed to transmit the petition of the Oyster Farms Associates Neted of America, Ltd. for a change of zone to the Southold Town Planning Board and the Suffolk County Department of Planning, in accordance with the Southold Town Code and the Suffolk County Charter. I offer that resolution. 6.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, WHEREAS, a petition has been received from Oyster Farm Associa[es by Neted of America, Ltd. for chan~le of zone on certain property located on the east side of Shipyard Lane, East Marion, from "C-1" General Industrial District to "B" Light Business District; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Plannin~l Board and the Suffolk County Department of Planning], all in accordance with the Southold Town Code and the Suffolk County Charter. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. 498 NOVEMBER 15, 1988 SUPERVISOR MURPHY: Number 7 is to accept a letter of credit. 7.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED thatlther Town Board of the Town of Southold hereby ~ the $11,844.00 revocable Letter of Credit No. N5931 of Franklyn J. ~orn· submitted as a bond for roads and improVements in the Franklyn Born Minor Subdivision, located at Southold, New York. 7.-Vote of the Town Board: Ayes; Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MUPHY: Number 8 is to appoint part-time clerk-typists. 8.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Kimberly Walkden as a part-time Clerk Typist in the Office of the Supervisor, effective November 25, 1988, for the Thanksgiving and Christmas college breaks, at a salary of $5.50 per hour, AND L~/nda Rudder as a part-time Clerk Typist in the Office of the Buildin(,] Department, effective November 23, 1988, for the Thanksgiving and Christmas college breaks, at a salary of $5.50 per hour. 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is a trailer permit renewal 9.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the application of David S.' Horton, Laurel Greenhouses, Inc., for renewal of a watchman trailer permit, for trailer located at Kirkup Lane, Mattituck, which permit expired November 7, 1988, be and here is ~tranted for a six (6) month period. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared,duly ADOPTED. SUPERVISOR MURPHY: seminar. Number 10 is to grant permission to attend a training 10.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was - RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to John Cushman and Jeanne Cullen to attend a. three-(3) day training session on December 6, 7, 8, 1988 at Business Records Corpor:ation, North Darthmouth, Massachusetts, for the purpose of obtaining training on Business Records Corporations's Fund Accounting System; and the authoriza- tion for a $500.00 cash advance for rooms, meals and travel by Town vehicle, which expenses shall be reimbursed to the Town by Business Records Corpora- tion, per agreement executed June 28, 1988. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is to declare a lead agency. 11 .-Moved by Councilwoman Larsen, seconded be Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quai:ity Review Act in the matter of the petition of Georcje Kokkinos and Steven Tsokanos for a chancje of zone from "A" Residential and Agricultural District to "B-I" General Business District on certain property located on the north side of Route 25, east.of Peconic Lane, Peconic, New York. COUNCILWOMAN LARSEN: I'll move this~ but I'd just like the record to note that we've already received recommendations from the Suffolk County Planning Board, and Planning Authority, and from the Planning Board that this wo~ld not be a recommended zone change, but I will move to declare a lead agency. 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Coch.ran, Supervisor Murphy.. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is a determination of a significant effect on the zone change. 12.-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, George Kokkinos and Steven Tsokanos has heretofore applied to the Southold Town Board for a change of zone from "A't Residential and Agricultural District to "B-l" General Business District on certain property located on ithe. north side of Route 25, east of Peconic Lane, Peconic, New York. NOVEMBER !5, 1988 499 NOW, THEREFORE, BE IT RESOLVED AS.FO_I~LOWS: 1. That pursuant to the provisions of Article 8 of the Envionmental Conservaion Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulation, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does he~reby' determine that th~ action proposed is Unlisted and is likely to have a significant effect on 1:he envion~en~. _ 2. That the Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. T~at the Town clerk immediately notify the app icant, George Kokkinos and Steven Tsokanos, of this determination, and further request said applicant Environmental all in accordance with are said law 4. the a In accordance with Chpater 44, Section 20 and Part 617 NYCRR, ~ed to defray the cost of reviewing the Generic Environ- a scoping session, therefore, the Town Board ( ~sit of $2,000.00 shall be paid to the Town Clerk prior to. session. 12.-Vote or,the T,~w.n Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman P~nnY,ilC°uncilv~oman Cochran, Supervisor- Murphy. This resolution ~as ~e~ciared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to declare a lead agency. 13.-Moved by Councilwoman Cochran,seconded by Councilwoman Oliva, it was RESOLVED tl~at the Town Board of the Tow~ of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Randall J. Feinber~ for a change of zone from "A" Residential arid Agricultural District to "C" Light Industrial D strict on certain property located on the south side of Sound Avenue, Mattituck, New York. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Cour~cilman Penny, Councilwoman Cochran, Supervisor Murphy. T~is resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is a determination of significant effect. 14.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, Randall J. Feinberg has heretofore applied to the Southold Town Board for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District ~ certain property located on the south side of Sound Avenue, Mattituck, New York; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action proposed is unlisted and is likely to have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, Randall J. Feinberg, of this determination, and further request said applicant to prepare a Generic Environmental Impact Statement, all in accordance with said law, rules and code. 4. In accordance with Chapter 44, Section 20 and Part 617 NYCRR, the applicant is required to defray the cost of reviewing the Gene~ic Environ- mental Impact State'lent, which in~:ludes a scoping session, therefore, the Town Board determines that a deposit of $2,000.00 shall be paid to the Town Clerk prior to the d~te of the scoping session. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Pehny~ Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR ~IURPHY: Number 15 is resolved that the Town Board of Southold hereby appoints Martin J. Tarpey, Jr. as a probationary laborer at the Southold Town Landfill, effective December 1, 1988, at a salary of $9.75 per hour. I offer that resolution. 15.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town B~ard of the Town of SoUthold hereby appoints Martin J. Tarpey, Jr, as a probationary laborer at the Southoid Town Landfill, effective Deceml~er ], 1988, at'a salary o~ $9.75 per hour. 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. -'~' SUPERVISOR MURPHY: Number 16 is to amend a agreement with the County on our Brief Respite Program. 16.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the .Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an Amendment to Agree- ment between the County of Suffolk and the Town of Southoid increasing thp Brief Respite Program .~eimbursement by~$9;575.00, and extending the termina- tion date from July 1, 1987 through June 30, 1989 (total cost of agreement~; not to exceed $17,983.00). 16.-Vote of the Town Board: Ayes: Councilwoman l,arsen, Councilwoman Oliva, Councilman Penny, Councj. lwoman Cochran~ Supervisor Murphy. This resolution.was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to extend a comment period. 17.-Moved by Councilwoman Oliva, seconded by Councilman I ~, it' was RESOLVED that the Town Board of the Town of Southol extends the comment period with respect to the Norris/Carr/Wanat Znvironmental Impacl Statement for an additional 30 days to December 19, -1988. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to resolve to accept the bid of Connecti- cut Tire Recycling, Bloomfield, Connecticut at $1,100.00 per trailer load, ~and $1~)0~~' per month trailer rental, for a one (1) year contract for the removal of scrap tires from the Southold Town Landfill Site in Cutchogue, all in accordance with bid specifications. I offer 'that resolution. 18.-Moved by Supervisor Murphy, s~conded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Connecticut Tire Recyclin~j, in the amount of $1,100.00 pe~,~trailer load, and $100.00 per month trailer rental, for a one (1) year c0ntr~ct 'fo~ the removal of scrap tires from the Southold Town Landfill Site, Cutch0gu~ ~¥1 in acco~-T~-~ce Kith the bid specifications. ' 18.-Vote of the Town Board; Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED.. SUPERVISOR MURPHY: Numb~' 19 is to authorize the attendance at a conference. 19.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOI,VED that the Town Board of the Town of Southold hereby authorizes all Town Board members to attend the Northeast Solid Waste Conference on December 5, 6,7, 1988 at Atlantic City, New Jersey, and the necessary expenses for registration fee, meals, lodging and travel shall be a legal charge ~gai~st the Town of Southold. 19.-Vote of the Town Board: Ayes: Councilwoman l_arsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: It's now eight o'clock. I'd like a resolution to recess hold the three public hearings. Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing on, "Suggested use of approximately $159,000. in Federal Community Development Block Grand Funds.'!, "Local Law in Relation to Vehicles and Traffic", and "Local Law in Relation to Sewers". Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 8:10 P.M. SUPERVISOR MURPHY: Number 20 is to authorize an option selection on the Empire Plan. '20.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby makes the followin~ option selection with respeCt to the Empire Plan health insurance, effective January 1~ 1989: Core plus Medical and Psychiatric Enhancements (Code 7). 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to authorize for bids.. NOVEMBER 15, 1988 21.-Moved by Cou~i~-~o~n Oliva seconded by CoUncilman Penny, it was RESOL.~D~hat the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to advertise for competitive bids for the installation of. a heating system in the "Old Coast Guard ~tation" building, now Ferry District property, said building to be leased in part and utilized in part' for Ferry District purposes in 1989. 21.-Vote of the Town Board:~ Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, C0uncil~oman Cbchran, Supervisor Murphy. This resolution was declared duly ADOPTED· 501 SUPERVISOR MURPHY: Number 22 is to authorize the Fisher Island Ferry for paving the parking area there. 22.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Comm:issioners of the Fishers Island Ferry District to advertis~ for competitive bids' for paving an area of approximately 15,000 square feet adjacent to the "Old Coast ~Guard Station" building, now Ferry District property, said area to be used Princi~pally for staging of automobiles and other vehicles; said authority conditioned upon receipt of necessary environmental and Town Trustee permits. 22.-Vote of the ToWn Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor, Murphy. This resolution ~'a~ declared duly ADOPTED; SUPERVISOR MURPHY: Number 23 is to approve a bond amount. 23.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the TOwn Board of the Town of Southold hereby approves the bond amount of $157,590.00 for roads and improvements in the minor subdivision of North Road Associates, all in accordance with the recommendation of the Southold Town P~lanning Board and Sidney Bowne & Son, Engineers. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: NumBer 24 is to set a public hearing. 24.-Moved by Councilwoman Oliva, seconded by Councilman Penny, - WHEREAS, there has been presented to the Town Board of the Town of Southold a r~sed Local Law entitled, "A Local Law in Relation to Garbage, Rubbish and Refuse"; now, therefore, be i-~--~ RESOLVED that the Town Board hereby sets 3:30 P.M~, Tuesday, November 29, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin~ on the aforesaid proposed' Local Law which reads as follows, to wit: A Local Law in Relation to Garbage, Rubbish and Refuse BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended as follows: 1. Section 48-4 is hereby amended by renumbering Section B, C, and D to D, E, and F, respectively. 2. Section 48-4 is hereby amended by adding a new Subsection B to read as follows: B. Effective January 1, 1989, in addition to the fees established in Section 48-4.A of this Chapter, there shall be a fee of one dollar ($1.00) per one hundred pounds (100 lbs.) on loads con- taining the foIIowin.g: Heavy brush, 'landscaping and yard wastes, including, but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves and grass clippings. (2) Construction debris, including, but not limited to scrap and waste material discarded as refuse resulting from construction. (3) Wood, including, but not limited to timber, logs, boards and the like. {4) Demolition debris, including, but not limited to waste and rubble resulting from remodeling, demolition and extensive repair of structures, waste cement, concrete, masonry work, bricks, tile, sheetrock, plaster,-wood, shingles, and the like. (5) Rubbish, including, but not limited to furniture, fixtures, T.V. antennas, carpets, awnings, boats~ and other like objects that are not considered normal everyday household waste. - (6) Any mixed load containing one or more of the above listed wastes· 502 NOVEMBER 15, 1.988 3. Section 48-4 is hereby amended by adcli~,§ ~ new Subsection C ~:o read as follows: C. Effective January-1, 1989, in addition to the fees established in Section 48-4.A and B, there shall be a'fee of five dOllars ($5.00) per item on appliances, including, but not limited to white goods, refrigerators, washers, dryers, stove, dishwashers, ovens and the like. II. This Local Law shall take effect upon its filing with the Secretary of State. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is a resolution to enact Local Law No. 26. I offer that resolution. 25.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 26 - 1988 was introduced at a meeting of this Board held on the 1st day of November, 1988, and WHEREAS, a public hearing was held thereon by this Board on the 15th day of November, 1988, at which time all interested persons were given an opportunity to heard thereon; now, therefore, be it RESOLVED that Local Law No. 26 - 1988 be enacted as follows: LOCAL LAW NO. 26 - 1988 A Local Law in Rel~ition to Vehicles and Traffic BE IT ENACTED by the Town Board of the Town Of Southold as follows: I. Chapter 92, Vehicles and Traffic, of the Code of the Town of Southold is hereby amended as follows: I. Section 92-42 is hereby amended by adding thereto the following: NAME OF STREET S-~DE BETWEEN THE HOURS OF LOCATION Pike Street South 6 A.M. and 6 P.M. In Mattituck, from the easterly curbline of Maple Avenue, easterly for a distance of 245 feet. 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, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to approve a resolution to approve the Local Law No. 27, In Relation to Sewers, which is what we just had the ~ public hearing on. I offer that resolution. 26.-Moved by Supervisor Murphy, seconded by Councilman Cochran, WHEREAS, a proposed Local Law No. 27 - 1988 was introduced at a meelding of this Board held on the 1st day of November, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 15th~day of November, 1988, at which time all interested persons were given an oppor- tunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 27 - 1988 be enacted as follows; LOCAL LAW NO. 27 - 1988 A Local Law in Relation to Sewers BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 76 (Sewers) of the Code of the Town of Southold is hereby amended as follows: 1. Section 76-21.A. is hereby amended to read as follows: A. In addition to any~'and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FI SD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall 'be based upon an annual charge of one hundred seventy-five dollars ($175~.) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of eighty seven dollars and fifty.cents ($87.50) on the first days of January and June of each year. II. This Local Law shall take effect upon its filing with the Secretary, of State. 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman-01ira, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. -This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of our prepared and added on agenda. Is there any Councilman who would like to make any further comments? Ruth? COUNCILWOMAN OLIVA: . No,~ not at this time. _T.h_~ NOVEMBER 15, 1988 503 SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Just that we have a Commerce and Industry Committee meeting at 7:30 tomorrow night. It's the third Wednesday of every month, and we meet on a regular basis. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: We have a Housing Committee meeting, as a reminder, tomorrow afternoon. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: There was a young gentleman in the' audience that I wanted to recognize. I think it's great that we see young people. SUPERVISOR MURPHY: Is there anyone in the audience, who would lil~e to address the Town Board? BENJAMIN SCHWARTZ: My name is Benjamin Schwartz, and I live on Fleets Neck in Cuchogue. I'm very pleased to have this opportunity here tonight in favor of the Core Watershed Protection Plan. This plan is no free lunch. This plan is a recipe for a prosperous and productive present and future for Southold Town. Environmentists and c]evelopers should both support this clear and comprehensive means to protect our fresh water. Perhaps the single most essential aspect of high quality living is the supply of pure and fresh water. This is just not a trivial aspect of the enviror~ment, as some might consider a yellow I~ellyed salamander, or something like that. We're talking about water here. The importance of the good water supplies reflected by. the kind of trend, economic analysists to refer to environmental elements as the necessary basis for development. If we don't protect our water shed, we're going to hurt our business community, as well as our residential inhabitats of this town. In theory, if this plan is adopted, it could result in any increased total amount of development. In contrast to the meeting last night, where we were speaking about transfer development rights, as proposed by a developer, Which is highly unusual and probably illegal way to use transfer development rights. This is classic theory as to the appropriate place of transfer development rights in land use-regulations for a community. The gen~osity with which the transfer of development rights are awarded in the plan being based on a total area and not requiring the developer to go through extensive gymnastics with his consutants to determine how many development rights will be transferable. It's been awarded in the plan to give the highest possible number development rights for the parcel f~om which the rights are being removed. However, in practice probably there would be a slight decrease in the amount of development. Finding locations for these development rights can be put on the North Fork will not be easy. It may be very hard to prove, but it is not at all difficult to understand how this plan will increase greatly the quality and the value of development on the North Fork. In conclusion, I would like to compliment the Town Board for their initiative in salvaging the Water Advisory Committee, and commend the sub-committee of the Water Advisory Committee that worked on the core watershed project for any elegant solution to a tough and important problem. I hope the Town Board continues to move forward with this. Thank you. SUPERVISOR MURPHY: Thank you. Anyone else on the left? Ronnie? RONNIE WACKER: Ronnie Wacker, representing the North Fork Environ~mental Council, and 1, too, want to say I think this is a great job; Usually I'm up here saying, gosh, you haven't done it right, and you never will do it right~ unless you listen to us, but tonight I think that I want to congratulate you on this program, water management program, .that the Water Advisory Committee has come up with. I think that this is the only Town to have a Water Advisory Committee. ! believe I read that someplace some time ago. I think that this is the only Water Advisory Committee to come up with a program as good as this. It really seems, to us, to be excellent. It helps the Town protect the land, a~nd it also protects the rights of the people who own that land. I think that if you read this very carefully that you will. be certain to adopt it. I hope that you do. Thank you. SUPERVISOR MURPHY: Thank you, Ronnie. Anyone? JOHN M. BREDEMEYER: I'~n Jay . Bredemeyer, as you know, the Trustees. I just want to continue in the positive vein and compliment what I see going on, and I had a number of things I'd like to discuss, because I've got to apolzagize, I've been rather remiss as a local environmental official, ! haven't probably talked to any of you in better part of a half of year, and occcasionall¥ you see me out there, as somewhat of an advi sary, or taking samples or 5O4 NOVEMBER 15, 1988 whatever, you don't know what I"m doing. In any case, a!l-compi-iments, you're not going to get off that easy. Just to get one small negative out of the way, and to build on it quickly, I saw in the Suffolk Times this last week, a comment that had beenal~ributed to you, Ruth, that somehow the Board of Trustees resulted inupt~ng the price on Koke/Kerbs property, and I kind of thought that was a rather rough hit on the Trustees, because the DEC was the first one issue a permit there, and the Trustees weren't even involved in the Saunders property, and that received full evaluation, and the offer given to Dr. Perone on Gibbs Island was a full value offer that basically came at a time when we had impact process, that had started as result of the recommendation of the Trustees. After a field visit there, I took in personally with my own boat, and there was a full evaluation. In truth, the DEC having let a permit first, probably cast their own decision making as to having to give full value for the property. Now I've got an admission to make here, I think I was one of the Trustees respon$i'.ble for playing, if you will, chicken between the environmentalists and people wanting to stand on their right to use their property. The DEC made some errors, It had long been on record of wanting to preserve some of the areas, a~d- it really came down to making a choice whether or not we bury this in an environmental review, or this which some of us felt did not hold a reason and therefor~ , should have gotten building permits as did the DEC grar~t and therefor there was a time for the environmental community to get the ball rolling on the preservation, and I guess maybe I was at' fault for maybe pushing very hard on that.,-and.a few of us did swing with my survey... Consequently, the State is involved with the purchase of wetland and I want to discuss that briefly. ~efore I get into that, there is-concern about ~unding. I'm not going to say that categorically, we didn't play a part in the enrichment of some individuals. Quite honestly this is the Town wetlands code, and this is the size of the State wetlands code. It doesn't say anything i'n here whether we should enrich or not enrich individuals, but it does say we should e~rich ~ our community by protecting wetlands. I think that's wha~ we were trying. . to do. Anyhow,here'.s to say if it is a problem that we're going to be ~nr.ch.ng an individual's at a public's cost, we've got three properties right now, which are on the verge of going the same route. Since i've heard that you've had some of your committee meetings, and I know sometime's you haven't been able to track the Trustee's work, I just want to briefly discusss three of these properties to give you a little additional insight, because if I didn't I'd be remiss. One, isC~$~opher Connors' property, I know you're well aware of that, because he's ~een before your Board. Now this-does .... Peconic Dunes Camp so maybe something could be worked out between the Town and the County on that. I don't really know where the application'- is going, but i do know here's a young man, who wants to bring his fa[~ily. into the community, and through really no fault of his own, got wrapped up in a parcel which is largely wetland. Enough said. Another one is ~he Wilson property in Greenport, several of us Trustees noted fill going in on the land and' this is a real problem, it's already commencing in litagation, but here's an area that there were some problems, and I think the Tow0 attorney would be a good one to discuss ...... but if we're going to be critical I think this is a case to be critical in prospectively, if we're going to be critical of our various groups. Take a look on one there, because the Trustees were left out of the process, and here again, it's a real sticky one, and its almost entirely wetlands, and it abuts on Moore's Woods in Greenport, so maybe something could be worked out here to benefit both the Town and the Village of Greenport. The last one is the Gus Wade property. Now this almost has direct parallel to the Coke/Kerbs property and to the property of Dr. Perrone is on in Orient-. The gentleman has a DEC permit right now, that was given by the Administrative Law Judge,so short of going again/st the State Supreme Court, or the Appellete Division, he's got a permit in hand, that he's not coming to the Trustees for a permit, and certainly its not easy to 'be standing at the bottom end of all these applications. We don't cause the division of property, and in many cases these are historic divisions of undersized properties with some wetlands on them. The decisions aren't easy to make. This is a prime piece of property for being purchased, and there may be enough uncertainty on the part of Mr. Wade', now this is the time to discuss it them, ahead of us either issuing or not issuing a permit~ or ahead of the Court mandating a permit, so that's it on that. The other thing is, with respect to the Orient land owners. The situation with the Orient landowners is one that has really got me very concerned as a Trustee, The State Park creation, you may or may not [<now, when it was created the State claimed jurisdiction to Town bottomland in Hallock's Bay. I am very, very concerned if there is a wholesale taking of property around Hallock's Bay that does not include an option for preservation through Peconic Land Trust, or through any of the other conservation organizations, nature conser- vancy or some kind of Town option that would give these individuals a bailout that we're going to form and casehardened State taking, which will possible be in the future to an adventuristic type of takeover of Town Trustee bottomland. I'm really concerned about this. I don't know what the mechanicism ~NOVEMBER 15, 1988 505 school and fir here resul~t in 'a peoplre hurtin der So, reque.. for They I was. How we lost control, or if you will, how we seemed on paper to have lost control of this land that abuts the State Park, but all the State Park maps show it as State bottomland, under State' control. We haven't had a test case yet, but I'm very concerned that we'll lose this jurisdiction. Mostly for the sake of our local 'baymen, because we can control harvest on shellfish. Now with the program similar to what you invision for your core watershed area. Why can't we transfer development rights out based on what we'd be asking from these individuals if they were coming in during the subdivision process, transfer the rights out to their sections that could ride with the property, hence no monies would have to expended by the State, the land wouldn t come off the tax roll because the State doesnt have a program 'like the County now, the purchase of lands that they're going to protect the so I'd really like to see some positive effort made ~ a compromise solution that I really think is going to .us savings in money, so that instead of hurting these property for upwards of eight generations, of ng ....... Where many of them just don't want to can be put to buying properties that are at risk. to work with anyone on the Town Board or at your to talk tO ~ndowners again. I think thereJs a possible area promise here. I think the people really are very productive people. i'11 offer to help as much as ! can. The last subject 'ry Penny, and I think I have to really let unglued down at Youngs Marina when they were having down there. Larry Penny, if you'll excuse me, to you iln fashion. the George, ! :g COUNCILMAN PENNY: There's no confusion JOHN M. BREDEMEYER: Okay. Mr. Penny is a pre-eminent biologist and naturalist in his own right. I probably agree with him about 99 times out of 100 on things that he does, so maybe I'll start on some of things that I do agree with before I move into the negatives. I've got to give the ~ guy a strong benefit before I get into the negatives. I think Larry Penny would probably comment very unfavourable on recent changes in the road requirements for minor subdivision. I know in Easthampton Town they don't allow, corbel block because it is very hard on wildlife. They want to have soft roads.- They want~to have recharging such as this. 'He' does very good natural resource reviews typically when he gets together with a developer with 'the front end, and is working with them so they!re incorporating a natural resource review and good quality planning at the front end. Where we're really having a Problem with Larry now is the situation where he was permitted to continue with some outside work in Southold Town-when he was hired to do consulting on Fishers Island. He's really stepping on proper governmental et~hics~ What he's done in this case here, is he chaired a steer- ing committee with the Peconic Bay Task Force on the Brown Tide. Now this particular committee is somewhat of a citizen's group, but does receive public funding. The research is underway but there is no conclusion yet. I find it unconceivable that he could be taking and coming out with news items, specifically discussing the Sage Creek and marina expandisures. One of which has hired him as a private consultant. He's commenting in a public capacity through the Peconic Bay Task Force, through the newsletter, commenting on a proposal that he is in fact a private consultant for. in other words, it's just amplification, he's trying to amplify his. personal business through the work he does in the public sector. To make it a little clearer for you, he just like myself takinq work that I do at the County Health Department or with Southold Town a~d marching over to Easthampton and hanging out my consultant shingle, and using the information I developed at public expenses for or against individuals. Now maybe this is no concern. I don't know, maybe I'm just making a mountain out of a molehill, but it's really difficult to take when you're working out there all day trying to the Brown Tide, and you got a guy standing there who get information on the Town has alleg~-dly hired with to work with you on Fishers Island. You're really working hard for the public in Suffolk County.. You're ~here sampling all day long to get this data, so you can have a realistic study and the guy stands there, tells you, "Well all this pollution is what's causing the Brown Tide.". Well, there's no finding yet, and intellectual he knows so. We just don't have the answers. To keep it productive, I really think the Trustees do have a need for some additional help as it was outlined by Frank Kujawski. i think we can get a lot more benefit for our buck, if we had a townwide person. Somebody that if we need some additional help on assessments, that person would not strictly be tied to Fishers Island. I think the cost of it possibly could come from,..we seem to have a large cost to do envirnomental reviews on impact statements, on long forms, on LEIS and stuff. I think that depending on if it was looked at fairly creatively that we could possibly fund a position that would handle the work, and not have any increased cost to the Town. 5.06 NOYEMBER~15, 1988 Possibly some of the work with Trustees are currently dealing in the Conserva- tion Advisory Council could be handled by such a person, if this was deemed appropriate. In any case, I probably shouldn't have ended on the negative. Just to recap, !'11 really be willing to try to work something out productive through the Orient landowners, i am concerned with cost, and I'm also con- cerned with the potential future public cost and a possible loss of control of Town bottomlands. So I want to thank you for letting, me speak to you this evening. I know no one here knew ti~at I was c0n~ing and I've just taken quite a bit of time. Thank you. SUPERVISOR MURPHY: Anyone else on the left, who would like to address the ~Town Board? INo response.) Anyone in the center? David? DAVID MUDD: I'd just like to take this opportunity to speak about the core watershed, and the work that's been done on it. I think the work that I have, that the 2000 meeting we had a couple of weeks ago, or a week ago Monday. Their presentation seemed to be very progressive. It seemed to be adequate. It seemed to be something, I think r the Town Board should take a look at. I think in retrospect we have been in the core.~watershed business now since Greenport had to come out of their district, and come down here to qet water. The supply in Greenl~ort area, and east of here, about twenty some years ago, and on a number of occassions when the possi.blity has come up when they refused to do things, I say, maybe, we~d better go up here to the bridge, and put the old valve in there, and shu/~ the water off, and Greenport would have to come and talk to you very seriously. ! think what we're proposing, and what they're talking aboutis~an extension of that. I was approached this past spring by a real estate agent up in the Greenport area wanting to know if I would be willing to lease part of my land up here for an extension of the Greenport water system, because they were under the gun then to get another million gallons a day, a week, or a month, but anyway, it sounded like a lot to me. I said, yes, I'd be willing to talk to them, and they only had until May~ or something, to get the thing together, and I didn't hear from them again. Whether they got water someplace else or what they did. So I think in essence, the Town of Southold, we as a group here, are already in the core watershed business, whether we want to admit it or not. I think it's time that we constructively take a look to find out where we're going to go, if we're going to go, and what we're going to do. I think the control of water here or in any other place, particularly on the island'~ is a very important item. I think it's one that all of us should take a real long look at and find out. Now., maybe the - TDR's could be the answer, or maybe they're not, but if not, let's take a look at something that will work, and something that would benefit all of us. Thank you for your time. SUPERVISOR MURPHY: Anyone else in the middle like to address the Town Board? Would you like to addr~ess the Town Board? JUDY GRECO: I'd just like to say, I really am concerned about core water- shed, and I'm concerned about the quality of ou~r water, and, my God, if we haven't learned by Nassau County, we're never going to learn in Suffolk. I'd just like to thank everyone and say that I really do support it. Thank you ~ SUPERVISOR MURPHY: Thank you. It's a very good comment. We certainly should learn, and hopefully we have. Anyone else like to address the Town Board? (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 wast- RESOLVED that this Town Board meetihg by and hereby is adjourned at 8:40 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. This resolution was declared duly ADOPTED. ~ Judith T. Terry Southold Town Clerk