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HomeMy WebLinkAboutTB-11/29/1988SOUTHOLD TOWN BOARD NOVEMBER 29, .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, Assistant Town Attorney Robert H. Berntsson, Town Clerk Judith T. Terry. 9~.00 A.M. - Jim Kincj, marina owner on Mattituck Creek, met with the Board to discuss the change of designation of his property from M-II to M-I on July 26th. Councilwoman Larsen had advised the Board Mr. King wished the designation changed. However, it was learned from Mr. King that this was not the case and there apparently was a mis- understanding. The Board voted unanimously to change Mr. King's designation back to M-II effective this date, November 29, 1988. 9:15 A.M. For Discussion Items: (1) Receipt of a Suffolk County Department of Civil Service Certification,of Eligibles list for Police Sergeant. The Town Board will interview the first three individuals on the !ist. (2) Request from the Planning Board for another computer terminal for their office. Board agreed as long as there is money available for the purchase. (3) Request from the Conservation Advisory Council for permission to publish, in brochure form, reprints from several articles written by John Holzapfel and published in The Suffolk Times. Board agreed. (4) Oiscussion regarding the current charge of $50.00 for annual supplements to the Town Code. Board agreed to increase to $75.00 in 1989 (see resolution no. 18). (5) Letter from John Hart, Esq., Pelletreau & 'Pelletreau, opposing the extension period for comments on the DEIS on Norris/Carr/Wanat from any person, persons or agencies other than the Office of Coastal Zoning Management. Town Attorney Schondebare responded to Mr. Hart that he reviewed the minutes of the November 17th hearing on the DEIS and a reading of the minutes indicates to him that the additional thirty days for comments is open to the public. 10:00 A.M. - Superintendent of Highways Jacobs met with the Board to discuss the manner of implementation of the proposed $1.00 per 100. lbs. tipping fee at the Land- fill. It was agreed tickets would be prepared and sold by the Town Clerk's Office weekdays and the Landfill would sell them on the weekends.---The Cove and Angel Shores water system was discussed. The Town Board agreed to set a meeting between the Town Board, Greenport Village Board and Suffolk County Department of Health Services to discuss water systems. 10:30 A.M. - Insurance Consultant William Mullen, Jr. met with the Board, along with representatives of Craig Lindsay and Anthony Paresi, to discuss self-insurance. Projected· premiums, loss experience, projected savings, and administrative expenses was reviewed. Mr. Mullen will meet with the Board privately at another time to discuss his recommendations for a firm to administer the Town's pro, posed plan. 11:20 A.M. - Board reviewed proposed resolutions for the Regular Meeting. EXECUTIVE SESSION 11:50 A.M. The Board met with Planner David Emilita to review the Findings Statement he prepared for the Board with respect to the proposed Local law to Amend the Zoning Code and Map (see resolution no. 22). 12:10 P.M. - Recess for lunch. 2:15 P.M. - Work Session reconvenecl and Board audited bills. EXECUTIVE SESSION 2:40 P.M. - Board discussed PBA contract negotiations. 3:00 P.M. - The Regular Town Board meeUng was held. EXECUTIVE SESSION 3:55 P.M. - The Town Board met with Town Attorney Schondebare and Assistant Town Attorney Berntsson to discuss pending litigation. NOVEMBER 29, 1988 REGUI,AR MEETING 3:00 P.M. A Regular Meetinq of the Southold Town Board was held on Tuesday, November 29, 1988, at the Southol~ T--ow--~ H--all-~ Ma--qn Road, Southold, 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 I_. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry SUPERVISOR MURPHY: The first order of business is an approval fo the audit of the bills of November 29, 1988. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED the the following audited bills be and hereby ordered paid: General Fund, Whole Town bills in the the amount of $92,822.21; General Fund, Part Town bills in the amount of $46,456.07; Highway Department, Whole Town bills in the amount of $12,803.06; Highway Department, Part Town bills in the amount of $14,232.15; Southold Wastewater District bills in the amount of $17,246.57; Fishers Island Ferry District bills in the amount of $20,969.48; Fishers Island Agency and Trust bills in the amount of $178.96; Nutrition Fund bills in the amount of $8,335.47; Adult Day Care bills in the amount of $14.43; Home Aide Program bills in the amount of $189.66; Snap Program bills in the amount of $579.34; EISEP Program bills in the amount of $31.00; Community Development Fund bills in the amount of $6,496.00. 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 approval of the minutes of the Town Board meeting of November 15, 1988. Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the November 15, 1988 Southold Town Board meeting 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 to set a meeting date for December 13, 1988, 7:30 P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, December 13, 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, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: Moving on to the first item on the agenda are reports. These reports are all on file in the Town Clerk's Office for anyone who wants to look at them. 1. Receiver of Taxes Yearly Report- Summary 1987-]988 2. Supervisor's Monthly Budget Report for October, 1988. 3. Suffolk County Department of Labor Economic Indicator Report for November, 1988. 4. Town Police Department Monthly Report for October, 1988. 5. Times Mirror Cable Television Monthly Report for October, 1988. 6. Councilman's Reports. I would like to ask now, any councilmen, if they have anything special to report. Starting on my left with Judge Edwards. JUSTICE EDWARDS: Thank you, Francis. I missed the last meeting here. I did attend the work session, but I missed the meeting on the 15th, as we had a Northeast Utility drill, regarding Millstone due the next day, and I NOVEMBER 29, 1988 had to get back on the Island to set it up. There wasn't any ferry available because of the storm, and I had to drive around to get there, which I did with no problem. I, also, brought the flu serum from the County to the Medical Group on Fishers Island for the senior citizens. We had the drill on the 16th. I haven't got the final word on it yet from talking to Northeast Utilities today. It was a successful operation from Fishers Island part, and it lasted approximately six hours. I went up hunting in New York State on the 18th, I believe it was. On the 21st, opening day, I got my son, thirty pound doe, that I can tuck away in the freezer for the winter. I was back on Fishers Island on the 25th. Spent a couple of hours in the office on Sunday catching up with associated matters, and yesterday afternoon, I caught the ferry from Fishers Island to New London. Then from New London to Orient and here we are. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Raymond. We were notified, also, of the drill. Everything went well with the Police. They notified me, too. Ellen? COUNCILWOMAN LARSEN: Thanks, Frank. I guess everybody had a nice Thanksgiving. On the 15th I attended the meetinG of the Local Waterfront Revitalization Committee. On the 16th, we held Housing Committee meeting. On the 16th, there was a meeting of the Commerce and Industry Committee meeting. We discussed the various methods of assessment, the dog pound, clean-up for the street, the Town purchase of real estate. The 17th, I attended Toughlove buffet supper, which has been existence for 3 years. The League of Woman Voters had a talk on Muncipal Solid Waste Composting. Thank you, Frank. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Yes, Frank. Thank you. On the 16th, as Ellen stated, we had a Housing Committee meeting. As you are aware we have been meeting and reviewing our Affordable Housing Law. That's been brought a conclusion. The consens~ of the committee is that our law is well written. That it is a good law. It is not the reason we do not have affordable housing. One of the reasons, whether the Town does a project, or its done by private enterprise, is the water situation. So I was delighted this morning when the Town Board felt that they would set up a meeting with Greenport and discuss water management in Southold Town. We, also. spent a great deal of time going through figures, seeing exactly what kind of a project we could become involved in and still maintain it affordable. There's many things that go along with affordable housing and people qualifing to buy a house, they have to be morgagable. As we looked at the figures, we felt. that we could perhaps do a project that would meet the needs of those individuals with income between $30,000.00 and $40,000.00 a year. We realize that this is not the greatest percentage where the need is, but we feel very strongly that as a Town we were able to get through a project and show the community that it is possible to be done without any cost to the taxpayer. That it is visually acceptable. That it's a pleasant place to live. That perhaps, then, we could go on to a second project, trying to meet the needs of the income group between the $20,080.00 and $30,000.00. Jim McMahon, Community Development Director, is setting up a meeting. He and I are going to be sitting down with Bessie Swann in relation to types of grants and places we can find money. Because, of course, the more money we find the more likely we are to keep a project affordable. For instance, there is up to $300,000.00 that can be gotten in relation to infra-structure. So there's grants out there, and it's one of the things the committee will be continuing in this direction of a Town project, and see what we can pull together. That was on housing. On the 17th, I also attended the buffet dinner of the parent's support program for Southold Town, which was held at the Rec Center. As you may be aware, this is a program that is parents helping parents. If your child has a problem with substance abuse, either alcohol or drugs, it's a support system, where parents can vent their frustrations and help one another solve problems. It is their fourth year of operation and I'd like to say congratulations to Mary Ann Fleischman for a job well done. Also, on the 17th, following the dinner, I also, attended the League of Woman Voters' open meeting on waste management, which I felt was well done and well received. On the 25th, I attended the 25th celebration of the Southold Indian Museum. Although, the organization is older, it's building is' 25 years old. I, also, serve a treasurer, but I - attended in my capacity as a member of Town government. It was also a pleasure to view, they had some special displays on, and Councilman Penny was also there, one of the special displays being viewed right now is a collection of arrowheads by George's d~d, which is a nice collection, and I encourage anyone to go over and see it while it's on display. On the 21st, NOVEMBER 29, 1988 I had a luncheon meeting with Valerie Scopaz. Some of things that we discussed was the concepts of a better way of work between the Highway Committee and the Planning Board, and perhaps something will be forthcoming there in relation to highways. At the request of the Supervisor, I attended a meeting on the 22nd in Westbury. On the 28th, the Town Board, or members of the Town Board, met with Don Witschieben, president of the West Mattituck Beach Association, and Dr. Wise of the Sea Grant Organization, and what was discussed was the feasibility of Carey Tank Farm property being used as the State University of Stony Brook for a marine science research lab. It certainly would be a positive project for the Town of Southold. It's in the talking stages, but the Town Board members present had indicated their support. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Jean. George? COUNCILMAN PENNY: I had the opportunity to miss my first Commerce and Industry Committee in two and a half years. Ruth will fill us all in on what happened that night. I had a bug after the last Town Board meeting. On the 21st, I attended the Water Advisory Committee, which Ruth will report on. On the 28th, I attended the meeting which Jean just reported on, which was the meeting with the representives from Sea Grant on the Carey property in Mattituck. I also had the opportunity, as Jean mentioned, to attend the 25th anniversary of the Indian Museum, which has a lot longer name than New York State Archaelogical, something or othere, something or other, but is known in Southold Town as the Indian Museum, and I'd say that they've done a w, onderful. They have a booklet, which they've published and I believe that out of a thousand copies, something like nine hundred of them, are already distributed. I believe that they are going to go for another printing. Thank heaven for people like Bill Golder, that have taken the time, and knew the orginal founders, and where a lot of this stuff came from. I think that he and the others have done an excellent job. It was a pleasure to be there. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth? COUNCILWOMAN OLiVA: On November 1Sth, I attended the Waterfront Revitaliza- tion Revitalization Committee. On November 16th, Frank and I had negotiations with the PBA, and on November 16th, that evening, we had a Commerce and Industry Committee where I'm sure they all missed George. They were brought up to date on the Master Plan. The hearing ,of course, is this Thursday. They were concerned about the tipping fees at the Landfill. Specifically, that household goods would be excluded from it. Their household garbage, Whicft-theyburn, they seem to be satisfied. They died have a question about the white goods. They had trouble, at first, getting a listing of exempt properties from the assessors, but they did get a copy of it, and they are reviewing the whole listing of it, to see if, perhaps, some of them shouldn't be exempt and what have you, to make recommendations. They had problems; asked questions about the Dog Pound. Again, they're still having trouble with dogs running loose in Greenport. There seems to be some sort of conflict between Greenport and Southold. Greenport says they pick up the dogs, and they're not admitted to the Dog Pound, and the Dog Pound says they don't get the dogs from Greenport, I advised them, that if anybody did refuse them at the Dog Pound to please contact George or myself, and we would see about it. COUNCILWOMAN LARSEN: Ruth. I went up to the Dog Pound, and they have a capacity of 32 or 33 dogs, and they have 60 or more dogs right now. COUNCILWOMAN OLIVA: I know. It's a problem. Again, we sent the contract to George Hubbard, the new one, and I don't believe it's probably sent back yet for the new..North Fork Animal League. TOWN CLERK TERRY: It hasn't gone to them yet. It's in the hands of the League first. COUNCILWOMAN OLIVA: Oh, the hands of the League first. Okay. Then they were interested in community development youth work penalties, and I called Jim McMahon, and they've had kids here, the judges sentence them to serve so many hours of service work, whether it's raking leaves, cleaning up papers at the Landfill, vacumming the Town Hall, all different kinds of things. The program has worked so well, that they really haven't had anybody come back on a recall as far as any type of problems concerned with the Police. They were kind of interested in getting something together for Greenport, but I don't think the Judge there has the same inclinations as the Judges here. So they thought perhaps if they could get some sort of volunteer force NOVEMBER 29, 1988 to it, and have t-shirts and make a publicity like that fellow did, I think, in Riverhead. They had the t-shirts. And to clean up, they said the streets of Greenport are really a mess. Of course, they wanted to be brought up to date on affordable housing, and we told them that without the Greenport water we are still rather stuck with it. Then they would like to see that when the Town purchase property, that it should include an economic impact statement, as far as taking it off the tax rolls, and so forth from the Town. And that was about it. We were out in about 45 minutes. COUNCILMAN PENNY: That's a record. COUNCILWOMAN OLIVA: Yes. SUPERVISOR MURPHY: They did miss you, George. COUNCILWOMAN OLIVA: They really did miss you. COUNCILMAN PENNY: I'll remember that, the next meeting we have, Ruth. COUNCILWOMAN OLIVA: On November 17th, I also, attended the Leaque of Woman Voters' meetirlg on the waste disposal, which was very good. On November 21st, we had the Water Advisory Committee meeting, and Mark McDonald, and Bob Villa have spoken to various groups in Town, and have gotten their support, but they certainly have a lot more work to do. There are concerns with the property owners whose property is totally included in the core watershed area, and Marty Sidor has been charged to getting these people together with the Water Advisory Committee,within the next couple of weeks,with an informational meeting so that everybody understands the other one very clearly and not a lot of misinformation would be floating around. Then we'll go on to speak. They were going to the County, to speak to the County to see what their core watershed area proposal is, and they're going to work up a question and-answer sheet for everybody, so that just the basic questions as answered, and they're really doing a tremendous lot of work. Valarie Scopaz, our planner, suggested that the next time that we have our meeting that Bill Sanok and Joe Sieczka, and Allan Connell come and give a brief presentation about integrated pest management, the experiments that are going on down at the experimental station, and about irrigation and so forth from Connell about the differant types, and I think it will be very helpful. We heard them give a presentation in Hauppauge. It had been excellent. Hopefully, once we get over this hurdle, then the committee really wants to take on the water program, and educational program for the Town, and they thought that without hiring someone that the committee could do a lot themselves on that. The next meeting for that will be December 20th. Also, yesterday, I attended the meeting with George, Frank and Jean with Sea Grant, and Don Witche with hopefully getting some sort of proposal together for the use of Mattituck Inlet as marine research center, which I think is just a super idea. it had been brought up eight years ago to try to do it, and nothing came of it. i'm glad to see it come back again. Last night, I attended the Greenport Utility Committee meeting. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ruth. One of the reasons the program, the work program from the Court, goes so well, is that the alternative is to go to jail. COUNCILWOMAN OLIVA: The best part is that the recidivism rate is nil. They've never had people come back. Excellent. Delightful to hear. SUPERVISOR MURPHY: The only thing I'd like to add is, yesterday, we had two meetings. One with the County on our human services buildinq, that we're looking into, the possibility of doing in the Town. And, Evelyn Roth and Joan Board had a meeting of all the agencies in the County, yesterday. It really went very, very well. An awful lot of interest in the program, and would like to see it going. They are looking to see how much funding they can get to help pay for this building. It looks very promising. Then right after that I came back here. Jim and I met with a representative from Suffolk Child Ca_re, and they are going to give us the regulations and the architectural work that we could pass on to the architect for a day care center. So, if this does come about, that it's built property and for all of these people. We're very pleased with the results so far. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on the agenda, public notices. There are four of them. These are all on .file on the Town Clerk's Bulletin Board for anyone to read. 5 NOVEMBER 29, 1988 1. Metropolitan Transportation Authority, Notice of Public Hearing to receive comments regarcl.ng MTA's recluest to UMTA and US Department of Transportation for financial assistance for capital improvement projects. Mail -registration for comments must be received before 6:00 on date of hearing, December 13, 1988. 2. U.S. Army Corps of Engineers, N. Y. District, Notice of September, 1988, issuance of 22 Individual Permit Authorizations and 1 Regional General Permit for waters of the U.S. 3. Department of Consumer Affairs, Notice of East End Telephone Forum at Sag Harbor Village Hall on December 1, 1988, at 2:00 P.M. 4. U.S. Army Corps of Engineers, N. Y. District; Application of Geoffroy Penny to timber retaining wall construction and dredge at Haywaters Cove, Little Peconic Bay, Cuthcogue, New York. Written comments by December 23, 1988. III. COMMUNICATIONS. SUPERVISOR MURPHY: There were four correspondence, also. 1. United Nations Association of the United States of America, Alonzo Hilton Shockley, Jr., Past President, thanking Southold Town for the United Nations Proclamation prepared for the Mid-Long Island Chapter-United Nations Association. 2. N.Y. State Department of Environmental Conservation, Peter J. Frank, Forester, concerning the development pressure in the Dam Pond area. 3. Greenport-Southold Chamber of Commerce, Richard Gilbride, Secretary, opposing the proposed dump fees. 4. Greenport-Southold Chamber of Commerce, Richard Gilbride, Secretary, opposing the proposed Master Plan. 5. State University at Stony Brook, Lee Koppelman, Director of Regional Policy Studies, in regard to Valarie Scopaz participating in the development of the second regional plan. IV. PUBLIC HEARING. 1. 3:30 P.M. on a proposed "Local Law in Relation to Garbage, Rubbish and Refuse". V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to Item V on the agenda, resolutions. I'd like to remind everyone in the audience, if you would like to address the Town Board on any resolutions, you may do so now. Any other comment please hold until the end of the meeting. After the resolutibns we will open it up for comments from anyone to the Town Board members. So at this time, is there anyone who would like to address the Town Board on any of the proposed resolutions? (No response.) On my left? (No response.) In the middle?-(No response.) None? Hearing none, we'll move on to the first one, which is to accept a bid. 1.-Moved by Judge Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Hoppy's Cleaners, Inc., Greenport, for cleaning the uniforms of the members of the Southold Town Police Department for the period from January 1, 1989 through December 31, 1989, as follows: $ .65 .17 .70 .54 1.24 No charge No charge No charge No charge Uniform Trousers Uniform Long Sleeve Shirts Uniform Jackets Eisenhower Jackets Outer Jackets Jacket Liners Uniform sweaters Neckties Hats 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 accept another bid. 2~Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Stanley Cierach to perform Custodial services for the Town of Southold at the Southold Town Recreation Center, Peconic Lane, Peconic, New York, for the period of January 1, 1989 through December 31, 1989, for the sum NOVEMBER 29, 1988 of $19,200.00, all in accordance with the bid specifications; and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Francis J. Murphy to execute a contract between the Town and Stanley Cierach for the aforementioned Custodial Services. 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 Agway. 3.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Ac, Tway Energy Products of Riverhead for supplyincj Town with heatin~q oH for Calendar Year 1989 at a bid price of $.0320 over Northville Industries Corporation of Long Island tank car consumer rack price as stated in the Journal of Commerce. 3.-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 4 is to accept Agway's bid for gasoline. 4.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of A~way Enerc~y Products of Riverhead for supplyincj the Town with cjasoline for Calendar Year 1989 at a bid price of $.0320 over No~'~hville Industries Corporation of Long Island tank car consumer rack price as stated in the Journal of Commerce. 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: I might add that the other bidder on that, had bid $.0833. Number 5 is to accept a bid on diesel 5.-Moved by Councilman Penny, Seconded by Councilwoman Olive, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Ac,~wa¥ Enercjy Products of Riverhead for supplying the Town with diesel fuel for Calendar Year 1989 at a bid price of $.0320 over Northville Industries Corporation of Long Island tank car consumer rack price as stated in the Journal of Commerce. 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 accept a bid again. 6.-Moved by Councilwoman Larsen, Councilwoman Cochran, it was RESOLVED that the town Board of the Town of Southold hereby accepts the bis of Arshamomaque Dairy Farm, Inc. for supplyincj the Nutrition Center with Homocjenized Pasteurized Whole Milkl for Calendar Year 1989, at a bid price of $.20 per 1/2 pint. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to accept another one. 7.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board Of the Town of Southold hereby accepts the bid of Manno Uniform & Security Equipment Corp. for supplyinoj Police Department Uniform Clothinc, l for Calendar Year 1989, at a total bid price of $346.80 for all items listed on the per item price sheet; and be it further RESOLVED that every size required by the Police Department shall be based upon the per item price sheet submitted by the bidder--there shall be no additional cost for oversizes--there is no provision in the bid specifications for an additional cost for oversizes. 7.-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 8 is tc~ authorize the Town Clerk to advertise an auction for the sale of six (6) used Police cars. I offer that resolution. NOVEMBER 29, 1988 8.-Moved by Supervisor Murphy, 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 an auction for the sale of six (6) used Police Vehicles at 10:00 A.M., Wednesday, December 21, 1988, at the Southold Town Police Headquarters, Peconic. 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 appoint two aides. 9.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Janet Licata as an EISEP Aide, effective November 16, 1988, 20 hours per week, $5.00 per hour, AND as a Brief Respite Aide, effective November 30, 1988, 20 hours per week, $4.00 per hour. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to authorize a refund 10.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $125.00 to John J. Stack, whereas Mr. Stack applied to the Board of Town Trustees for a Wetland Permit ($150.00), and the Trustees determined a permit would not be required and granted Mr. Stack a waiver ($25.00). 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is to authorize another refund. 11.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED THAT THE Town Board of the Town of Southold hereby authorizes the refund of $125.00 to Stanley Mackiewicz, whereas Mr. Mackiewicz applied to the Board of Town Trustees for a Wetland Permit ($150.00), and the Trustees determined a permit would not be required and granted Mr. Mackiweicz a waiver ($25.00). 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is to authorize a Fishers Island bid. 12.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commisssioners of the Fishers Island Ferry District to accept the bid of Z & S Contractinc$, Inc., in the amount of $7,421.00, and enter into a contract, for the installation of a heating system in the "Old Coast Guard Station" building, now Ferry District property, said building to be leased in part and utilized in part for Ferry District purposes in 1989. 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 a budget modification. 13.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ 1988 Budget modification to the General Fund - Whole Town to cover overdra'wn line items: To: Al110.4 Justices, Contractural Expenses From · A1420.4 A1620.4 A7110.1 A7510.4 A8090.1 Al110.1 A7180.1 A8161.1 A9050.8 A9730.6 A9730.7 Town Attorney, Contractual Expenses Buildings, Contractual Expenses Parks, Personal Services Sport Program, Contractual Expenses Environmental Control, Personal Services 9,500.00 Justices, Personal Services Beaches, Personal Services Refuse & Garbage, Personal Services Unemployment Insurance, Benefits Bond Anticipation Notes, Principal Bond Anticipation Notes, Interest 1,500.00 7,000.00 30,000.00 4,000.00 1.00 1,500.00 12,600.00 15,096.00 2,000.00 9,059.00 11,746.00 NOVENIBER 29, 1988 9 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OliYa, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is a budget modification, general fund, Part T~wn. 14.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1988 Budget modification to the General Fund - Part Town to cover overdrawn line items; To: B1420.4 Town Attorney, Contractual Expenses 9,100.00 B3120.1 Police, Personal Services 50,000.00 B3157.1 JAB, Personal Services 17,000.00 B3620.2 Safety Inspection, Equipment 750.00 B8020.1 Planning, Personal Services 9,500.00 From: B1910.4 Unallocated Insurance 9,750.00 B1990.4 Contingent 12,000.00 B8020.4 Planning, Contractual Expenses 20,000.00 B8010.4 Zoning, Contractual Expenses 4,600.00 B3120.2 Police, Equipment 10,000.00 B3120.4 Police, Contractual Expenses 30,000.00 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OliYa, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to appoint Albert Orlowski as a gate attendant at the Landfill site, effective immediately at a salary of $5.50 per hour. I offer that resolution. 15.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED ~'hat'the Town Board of the Town of Southold hereby appoints Albert Orlowski as a Gate Attendant at the Landfill Site, effective immediately at a salary of $5.50 per hour. 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 execute a consent to change attorney in the matter of Timothy Kelly and Ruth Kelley against ~unty of Suffolk, Town of Southold, Davis Brothers Engineering Corp. :new firm: Russo & Tannenbaum, P.C., assigned by the Hanover Insurance Company for defense of the Town. . 16.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a Consent to Change ~,ttorney in the matter of Timothy Kelley and Ruth Kelley against County of Suffolk, Town of Southold and Davis Brothers Engineering Corp.; new firm: Russo & Tanenbaum, P.C., assigned by the Hanover Insurance Company for defense of the Town. 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: This is an old lawsuit where somebody was hurt in the building of the Town Hall many years, and it's still in the court. Number 17 is to accept a letter of credit. 17.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $21,946.50 Irrevocable Letter of Credit posted by 70 Marion Associates as a bond for roads and improvements in the major subdivision of East Marion Woods; said bond amount approved by the Town Board on July 12, 1988, as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 17.-Vote of th'e Town BOard: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: It's now 3:30. lid like a resolution to recess to hold a public hearing. 10 NOVEMBER 29, 1988 Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time 3:30 P.M. for the purpose of holding a public hearing on a proposed "Local Law in Relation to Garbage, Rubbish and Refuse". Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 3:35 P.M. SUPERVISOR MURPHY: I'll reopen the regular Town Board meeting, back to Item V on our agenda, resolutions, and number 18, which is to increase the Code Supplement charge. 18.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby increases the annual Code Supplementation charge from $50.00 to $75.00,effective with the 1989 Supplementation. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is endorsement of an application for Walsh Park Affordable Housing. 19.-Moved by Justice Edwards, seconded by Councilwoman Cochran, WHEREAS, the presence of a year-round residential population is vitally important to maintain the social fabric of Fishers Island; and WHEREAS, the private sector is unable or unwilling to invest in homes that are affordable to the year-round residential population; and WHEREAS, Fishers Island is faced with the loss of public services necessary to maintain an acceptable quality of life because affordable housing is not available to year-round residents; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby designate Fishers Island as an area that faces loss of public services necessary to maintain an acceptable quality of life because affordable housing is not available to year-round residents due to an inability or unwillingness of the private sector, without governmental assistance, to invest in homes affordable to year-round residents in the area, and strongly supports and endorses the application of the Walsh Park Benevolent Corp- oration to the New York State Affordable Housing Corporation for financial assistance to build affordable housin9 units on Fishers Island. 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to give public notice that the Town Board will be considering proposed amendments to the Community Development Program Year 13 Budget at their Tuesday, December 13, 1988 Regular meeting, Southold Town Hall, at 7:00 P.M. 20.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to give public notice that the Town Board will be considering proposed amendments to the Community Development Program Year 13 Budget at their Tuesday, December 13, 1988 Regular Meeting, to begin at 7:30 P.M., at the Southold Town Hall. Said proposed amendments are as follows: Current New Project Budget Increase Decrease Budget Laurel Lake $15.000. -0- $15,000. -0- Park Handicapped Access Laurel Lake -0- ~15,000. -0- $15,000. Recreation Area Improvements 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to execute an agreement. 21.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and NOVEMBER 29, 1988 11 directs Supervisor Francis J. Murphy to execute the required New York State Outlay Report and Request for Reimbursement for Construction Grants, and a State Retainage Release Form for a Town reimbursement of $270.00 with respect to the construction of the Fishers Island Wastewa~er Facility. 21.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is a resolution to accept the finding state- ment for the proposed "Local Law to amend the Zoning Code and Zoning Maps, which is our Master Plan. It's a very large document, and this will be available as soon as it can be retyped. I offer that resolution. 22.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, the Town of Southold has undertaken an update of its Master Plan;and WHEREAS, the Planning Board has adoped an updated Master Plan in December of 1985; and WHEREAS, a local law entitled "A LOCAL LAW to amend the Southold Town Zoning Code and'Zoning Maps incorporated therein, to implement, in whole, or in part, the recommendations of the Master Plan Update prepared by the Planning. Board" has been proposed; and ' WHEREAS, the Town Board of the Town of Southold has been designated the lead agency for this action pursuant to S.E.Q.R.; and WHEREAS, by resolution dated May 1, 1987 the lead agency made a positive declara- tion with regard to certain elements of the proposed Local Law that might adversely affect the environment; and WHEREAS, a draft generic envionmental impact statement was prepared for the Town Board for this action; and WHEREAS, said draft G.E.I.S. was found to be complete for review by Town Board resolution on March 8, 1988; and WHEREAS, a public hearing was held on said draft G.E.I.S. on April 26, 1988;and WHEREAS, after said public hearing a final G.E.I.S. was prepared and accepted by the Town Board on September 20, 1988; and WHEREAS, a public hearing was held on the final G.E.I.S. on October 18, 1988;and WHEREAS, the comment period on said final G.E.I.S. has expired; and WHEREAS, 6 NYCRR 617.9 (c) requires that the Town Board make findings before rendering a decision on any action; now, therefore, be it RESOLVED that pursuant to 6 NYCRR 617.9 (c), the Town Board makes the follow- ing findings for a local law entitled "A LOCAL LAW to amend the Town Zoning Code and Zoning Maps incorporated therein, to implement, in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board" A. All S.E.Q.R. Procedural Requirements Have Been Complied with. 1. All requirements of the state and local law for the enactment of this local law have been complied with. 2. All requirements of S.E.Q.R., including Article 8 of the State Environ- mental Conservation Law, Part 617 of NYCRR, and Chapter 44 of the Town Code of the Town of Southold have been met. 3. The Town Board has given consideration to the final G.E.I.S. B. Density Reductions Will Not Affect Environment. I. The following components of the proposed local law are found to not have a significant adverse effect on the environment. (a) Reduction of the ultimate additional population of the Town to 24,000 as recommended by the 1985 Master Plan. This is within the capacity of the available water supply as projected by ERM Northeast in the North Fork Water Supply Study. (b) Creation of three (3) new zoning districts to further implement necessary density decreases (R-120, R-200, and R-400). (c) Creation of an Agricultural Conservation District to conserve existing agricultural lands. (d) Reduction in the acreage devoted to business and commerce by ten persent. (e) Reduction in the acreage devoted to industry by eleven percent. (f) · Reduction in the land devoted to luxury market rate multi-family housing by fourteen percent. 2.. These six (6) components listed above in Section B are found to benefically affect the environment by maintaining groundwater quality and ground- water quantity, preserving open space, conserving the Town's unique rural character, and protecting the unique qualities of Fishers and Robins Islands. 3. In addition, these components promote the Town's economic and social goals, consistent with the Master Plan Update. 4. The Town's major economic sectors of farming, fishing, tourism-and the second home support industry, depend on a sound environment, protection of natural resources and a unique rural character of Southold which makes it attractive for growth. 12 NOVEMBER 29, 1988 each project. (h) ground utilities C. Future Growth of Hamlets and the Hamlet Density District. 1. The 1985 Master Plan Update as implemented by this local law also promotes growth around existing hamlets and population centers. 2. These components benefit the environment by limiting the extent of residential sprawl which would despoil the area's valuable open lands, rural character and other valuable natural resources. 3. This limitation on sprawling residential development also provides economic and social benefits by limiting the need for services and infrastructure in outlying open space areas which also have value as water recharge areas. Thus, the tax burden needed for such utility extensions can be avoided. Further, the growth of existing hamlets, including the business ditricts of Mattituck, Cutchogue, and Southold, will be fostered. 4. Further, the proposal not only promotes growth' around existing hamlet areas and population centers, but permitting such growth is also keyed to the production of moderate income housing, thereby promoting the social goal of meeting the Town's share of the regional housing needs. 5. While promoting growth around existing population centers limits residential sprawl development, and the provision of incentives for moderate income housing will benefit community-wide economic, social and environmental goals, it is recognized that this policy could result in environmental impacts on specific sites where future growth and housing incentives are allowed. 6. The following potential envionmental impacts could occur by fostering growth around existing hamlets and promoting moderate income housing: (a) greater land disturbance and use. (b) greater use of water around hamlet areas. (c) an adverse impact on the Town's visual resources because of denser development and posible construction of multi-family housing. (d) the loss of some open space lands including farming. (e) increased traffic and noise around hamlet areas. 7. With regard to the Hamlet Density proposal, the following mi,tigative measures are incorporated into these findings: (a) Allowing Hamlet Density projects only on a "floating zone" basis, so that the Town Board approval for a zone change, and Planning Board approval for site plan approval, must be obtained', thereby insuring full and careful review of each project. (b) Allowing Hamlet Density projects only within one-half mile of the existing business districts of Mattituck, Cuthcouge, and Southold and the boundary of the Village of Greenport and within one-quarter mile of the hamlet business district in Orient, to limit residential sprawl. (c) Limiting to fifteen percent of the existing number of single family dwellings to be a policy limit on the number of multi-family dwelHngs in each hamlet. (d) Limiting the maximum number of Units on any site to one hundred (100), or less than half of the hamlet's policy limit, whichever is less. (e) Limiting building coverage to twenty-five (25) percent. (f) Limiting projects to areas which have access to a major collector road, or safe access to such a road through a single-family neighborhood. Public water and adequate sewage disposal must be provided for Adequate drainage, refuse collection, fire protection and under- must be utilized. Adequate open space must be provided. Adequate screening must be provided. D__ Future Growth of Waterfront Business and the Marine I and Marine II District. 1. The 1985 Master Plan Update as implemented by this local law also seeks to encourage water dependent uses at appropriate locations. 2. The demand for expanded mooring and storage space is high and is likely to grow, but potential sites are limited. 3. The existing zoning of such waterfront locations permits non-waterfront __ dependent uses to compete for these scarce locations with potential adverse iml~Ct. 4. A reservation of waterfront locations for waterfront dependent and waterfront enhanced uses is necessary to promote the goals of marine development consistent with environmental protection. 5. Certain waterfront locations along creeks have suitable harbor areas, but less tidal flushing than sites with direct bayfront or soundfront connections. 6. Certain waterfront locations have major open water frontage, support existing concentrations of marine commercial and industrial activity or are capable of reasonable expansion without significant adverse environmental affects. 7. Such distinguishment creates the necessity for separate and distinct marine districts to minimize the adverse effect of a single marine development district and to minimize the effects of non-waterfront dependent or waterfront enhanced uses on marine locations. 8. The proposed Marine I and~J~tarine II Districts would present fewer adverse impacts on the marine environment than would existing zoning or a single marine district. NOVEMBER 29, 1988 13 9. To further mitigate the potential harm to the Town's creeks and waterways the Town Board, as lead agency, hereby resolves that the Planning Board and Board of Trustees: (a) conduct coordinated reviews of all new marina proposals and expansions of existing marinas; (b) require pumpouts for all such expansions and new marinas; (c) require community or public water supply and advanced waste treatment for new marinas and expanded marinas in compliance with Article 6 of the Suffolk County Health Department Regulations. (d) that the Planning Board insure against surface drainage from marina activity from entering surface waters, and (e) observe the recommendations of the Long Island Regional Planning Board's Non-Point Source Handbook; (f) that the Board of Trustees study each existing and proposed marine district to set bulkhead limits and pier limits to provide for adequate flushing and safe marine conditions. E. Enlargement of Light Industrial Activity in Cutchogue. 1. The 1985 Master Plan Update is implemented by this local law seeks to provide opportunities for the location of business and professional offices, research facilities, industrial uses and similar activities, in an open campus like settin9 in areas which are not appropriate for retail and wholesale commercial activity or Iow density residential development. 2. It also seeks to provide opportunities for business and industrial uses on smaller lots in appropriate locations. 3. It is possible that adverse impacts to groundwater, traffic carrying capacity, visual character, noise and air quality may occur. However, the proposed Local Law creates more stringent controls on permitted uses, lot coverage, and landscaping than does the present code. 4. To further mitigate against potential adverse impacts from industrial development in the Cuchogue industrial zones, the Town Board, as lead agency, hereby resolves that; (a) the Planning Board develop a plan for the entire proposed industrial acreage in Cutchogue to determine the best allocation of industrial lots, road pattern, drainage and screening. (b) in consideration of proposed industrial uses, that wet industries consuming more water on a per acre basis than two acre residential development, be prohibited in this location. F. Reinstatement of a One-Acre Residential District. 1. The 1985 Master Plan Update as implemented by this Local Law seeks to provide for infill development within developed areas at densities compatible with existing neighborhoods consistent with environmental concerns. 2. Development at such densities provides for transitional development between hamlet densities and rural development. 3. Development at such densities in existing community settings lifts the potential administrative burden of a single one-family zoning density by reducing the potential number of area and yard variances. 4. In certain areas with shallow groundwater and no public water supply, development at this density may cause wells to run dry or turn brackish near the bayfront. 5. To further mitigate against potential adverse impacts, the Town Board, as lead agency, directs the Planning Board consider all major subdivisions at the proposed R-40 density without publie water supply be considered as a Type I Action under S.E.Q.R. G. Designation of Sage Boulevard Properties as M-II and R-80. 1. The 1985 Master Plan Update as implemented by this local law seeks to properly designate future land uses on the westerly side of the Conkling Point peninsula. 2. The zoning designations proposed in the local law are protective of the undeveloped property in this vicinity, recommending an R-80 designation. 3. The existing marina has been designated M-II, consistent with the'- 1985 Master Plan recommendation as Marine Business. 4. The Town Board, as lead agency, for the sake of clarity, reiterates its findings under Section D above, which in summary, are that water-dependent uses require waterfront locations which are in scarce supply for commercial activity, that certain locations better support more intense uses and should be zoned that way and that the Planning Board and the Board of Trustees exercise special care and coordinate reviews in waterfront locations. H. Designation of the "Norris Property" as Hamlet Density. 1. This proposed local law does not implement the 1985 Master Plan Future Land Use Plan for this property because the proposed local law honors a 1975 Suffolk County Supreme Court decision affirming, the current multiple dwelling designation. 2. As long as no development:proposal was sought to be implemented under that decision, no adverse environmental impact resulted. 14 NOVEMBER 29, 1988 3. A development proposal has emerged in recent years, seeking to implement a residential project at densities that may today create adverse environ- mental impacts unenvisioned in 1975. 4. Also, since S.E.Q.R. did not exist at the time of the Supreme Court decision in 1975, and since a positive declaration has been made on the proposed project, and since a draft EIS has been accepted by the Planning Board as lead agency, an appropriate finding at this time for the proposed local law is that the ultimate project approved for the "Norris Property" comply to both the zoning provisions of this local law and to any and all findings under S.E.Q.R. for tl~e proposed project. I. Alternatives to the Proposed Local I_aw. 1. Several alternatives to the action were surveyed including: (A) No action. (1) The No-Action alternative is simply to do nothing I~urther on the proposed Local Law and let the Ordinance and Zoning Map remain as is. Compared with the proposed Local Law in terms of environmental impact, this alternative is found to be not favorable. Among the many potentially significant adverse impacts continued unmitigated by this course of action, but precluded by the proposed Local Law are: (a) Unchanged density in water quality stressed areas of Orient. (b) Poor existing site plan review procedures and standards. (c) Proliferation of environmentally damaging uses along sensi- waterfronts. (d)Excessive density on Robins Island. (e)Excessive strip commercial zoning bordering hamlets. (f)Over-intense industrial development. (g) Insufficient flexibility in cluster developments to produce best design with least impact. (h) Insufficient landscaping and sign control to minimize visual impacts. (B) Partial Adoption of the Proposed Local Law. (1) The G.E.I.S. found this alternative to be less acceptable planning and an environmental point of view, and these findings from a community are adopted. Development the environmental time. Hold For Further Study or Install an Immediate Moratorium On (1) The G.E.I.S. found that this alternative does not accomplish improvements needed in zoning legislation in Southold at this (2) This option would further delay any implementation of the 1985 Master Plan Update leading to the frustration of purposes and the erosion of monentum gained in five years of comprehensive planning efforts by the Planning Board and Town Board. (3) Delaying adoption of the proposed Local Law does not guarantee a significantly improved Local Law will evolve, (4) Delaying adoption of the proposed Local Law exposes the Town to adverse effects possible under development proposals allotted by the present zoning code. (5) Installing an immediate moratorium creates its own adverse effects, including social and economic, which may outweigh any potential gain. 2. All three alternatives are thus found less acceptable in reaching the goals of the 1985 plan regarding density, the promotion of housing for moderate income groups and improved land use management and environmental control. J. Summary. The S.E.Q.R. finding can be summarized as follows: 1. The existing zoning ordinance does not fully implement the population goals of the 1985 Master Plan Update thereby risking adverse impacts to water quality, water quantity, rural character, and open space preservation. 2. Any adverse impacts to these resources Could also adversely affect the Town's econcomic base which is dependent on these environmental resource~'~ 3. The creation of new zoning districts with commensurate zoning map amendments will reduce the ultimate additional population to 24,000 as recommended by the 1985 Ma~ter Plan Update, thereby mitigating the potential adverse environ- mental impacts which are possible under the current ordinance. 4. Providing for future growth around existing hamlets and population centers will limit the potential for residential sprawl and its attendent loss of natural resources and environmental impacts. 5. Fostering growth of e×isting hamlet areas will also have beneficial economic and social impacts by limiting the need for expensive extensions of services and infrastructure to outlying open areas. Further, directing growth at existing population centers will promote the health of existing business areas. 6. Future growth in the hamlets is also keyed to moderate income housing incentives, thereby promoting the social goal of meeting the Town's share of regional housing needs. NOVEMBER 29, 1988 15 7. The housing, waterfront business, light industrial, one-acre residen- tial, "Sage Boulevard" and "Norris Property" components of the the proposal could have environmental impacts in site specific projects, however, a multitude of mitigative measures have been incorporated to limit any adverse impacts to the maximum extent practicable, as detailed in Sections D through H above. 8. These possible environmental impacts which may occur in site specific areas are far outweighed by the social, economic, and environmental benefits which will accrue to the community as a whole as outlined herein upon adoption of the proposed Local Law. K. Conclusion. 1. Consistent with social, economic, and other essential considera- tions, from among the reasonable alternatives thereto, the proposed Local Law under consideration minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the G.E.I.S. 2. Consistent with social, economic, and other considerations, to the maximum extent practicable, adverse environmental impacts revealed in the S.E.Q.R. process, will be minimized or avoided by incorporating those mitigative measures into the Local Law and into local policy and practice, which are identified as practicable. 22,-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. No: Councilwoman Larsen. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23. We'd like to enact the Local Law that we had the public hearing on. I offer that resolution. 23.-Moved by Justice Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, a proposed Local Law No. 29 - 1988 was introduced at a meeting of this Board held on the 15th day of November, 1988, and WHEREAS, a public hearing was held thereon by this Board on the 29th day of November, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be 'it RESOLVED that Local Law No. 29 - 1988 be enacted as follows: LOCAL LAW NO. 29-1988 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 49 (Garbage, Rubbish and Refuse) of the Code of the Town 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 containing the following: (1) 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, masonary 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. 3. Section 48-4 is hereby amended by adding a new Subsection C to read as follows: C. Effective January 1, 1989, in addition to the fees established in Sections 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, refrigei'~tors, washers, dryers, stoves, dishwashers, ovens, and the like. II, This Local Law shall take effect upon its filing with the Secretary of State. 6 NOVEMBER 29, 1988 23. -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: Now we have a lot of work to do. Is there any Council- man, who would like to make any further comment, starting on my right?Ruth? COUNCILWOMAN OLIVA: No, thank you, Frank. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Just one comment in relation to the letter from the Chamber of Commerce, and their wishes. My feeling is also, such as theirs, that garbage and refuse is paid for normally through taxes, but if you look at this law closely you'll see that normal garbage and refuse from household waste does pass into the landfill free of charge, either by being carried there at a $2.00 fee to go to the dump. Which is more or less a registration fee to prove you're a resident. That's all you have to pay in this town. What this law does is just put the burden on the heavy users of the landfill. It puts the burden on heavy construction and the people that are filling up our landfill at a totally unrealistic rate. It takes the burden off the taxpayers, so it's actually an advantage to the taxpayers because if we had to spread these increased costs across the tax bases, the taxes in general would be high. So we've done pretty much with this what we've done with the Building Department, and with the Planning Board, is we've put the burden on the users, whether they be developers, land clearers, or whatever, and taken it off the general tax base. I feel that overall it has a great benefit to the Town. Thank you. SUPERVISOR MURPHY: Thank you, George. Jean? COUNCILWOMAN COCHRAN: Nothing. Thank you. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: Only that I totally agree with what George said, and that was the philosophy and the reasoning we used behind all of this, land- fill fees. SUPERVISOR MURPHY: Raymond? JUSTICE EDWARDS: Nothing. Thank you. SUPERVISOR MURPHY: You should be happy, Raymond, with the fees going in. It should reduce the overall cost for Fishers Island garbage. You did the right thing. You voted for it. JUSTICE EDWARDS: Only time will tell. SUPERVISOR MURPHY: At this time i would like to ask anyone in the audience, if they would like to address the Town Board? JOHN WALTERS: My name is' John Walters. When will we find out what these fees are going to be? SUPERVISOR MURPHY: They're going to be $1.00 a hundred, and they should take effect around the first of the year. There will be advertisements. It will be posted down at the landfill. Brochures will be handed out. Not brochures. Flyers. Anyone else like to address the Town Board? (No response.) I would like to welcome our representative of the County Exec., again, to Southold. I'm glad to see you back here, Miss Hogan. JOHN WALTERS: Are the' fees in the Town going to dropped as far as, like I'm paying $250;00 to take my truck into the dump now? SUPERVISOR MURPHY: A commercial hauler. No. That is a registration for the vehicle. JOHN WALTERS: So in other words, an outside guy who just pays a fee from the scale, and the local guy .... SUPERVISOR MURPHY: No. Any truck coming in carrying material has to-have a license to come in. It has to be registered. All trucks will be the same. When you use your license to pick up private garbage, you will not pay for that. You'll only pay if you're picking construction debris, land clearing, etc. If it is mixed though, it's going to have to be charged, Anyone else, who would like to comment? (No response. ) If not, a resolution to close? Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 3:45 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. ~" Judith T. Terry Southold Town Clerk