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HomeMy WebLinkAboutTB-03/08/1988SOUTHOLD TOWN BOARD MARCH 8, 1988 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (9:30 A.M.), Councilwoman Jean W. Cochrant Councilman George L. Penny IV, Councilwoman Ruth O. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare ('11:55 A.M.). 9:15 A.M. - The Board met with Bookkeeper John Cushman to review Fiscal Advisors, Inc. recommendation that certain Bond Anticipation Notes be converted to bonds by combining the issues with the Open Space Issue. In combining these issues with the Open Space Isse, the average life of the twenty year issue is reduced from 11.4 years to 9.1 years. It is estimated that the bond would sett for approximately 7.1%. 9:30'A.M. - For Discussion items: (1) Letter from the North Fork Environmental Council urging an overall policy be developed for unused potato barns. Referred to the Planning Board and Planner Scopaz for comments. (2) Proposed agreement for a fire alarm agreement with the Town of Shelter Island and Shelter Island Heights. Board had originally accepted Shelter Island, and will amend resolution to include the Heights (see resolution no. 38).. "(3) Discussion relative to the expir, ation of the terms of Landmark Preservation .Commission members Bear, Peters and Williams. Board agreed, to. reappoint for another two years (see resolution no. 26). Letter'to Chief Winters and the Town Board from~ Trustee President Bredemeyer requesting authority for the Bay Constables to sample certain shellfish lands and transport them to Suffolk County Department of Health Services laboratories. (5) Letter from Trustee President Bredemeyer to the Town Board asking questions relative to Larry Penny and his associate John Aldred. Town Attorney Schondebare will respond. (6) Discussion with Assessor Chairman Watts relative to a possible increase in the Town aged exemption from $9,000 to $12,000. Town Attorney Schondebare asked to draw a local law for this increase.' (7) Resolution of the Town Trustees for Trustee President Bredemeyer to petition the Town Board for funding for equipment to allow the Trustees to monitor the creeks more than the county or the DEC will provide. Supervisor Murphy st-ated there is money in the budget for the purchase of an incubator and additional Media and he will sign a purchase order for same. (8) Receipt of the Oraft Generic Environ-~ mental Impact Statement on the proposed Local Lw amending the Town of Sout'hold Zoning Ordinance and Map. Board agreed to hold a'separate hearing on the GElS on. April 26th (see resolutions no. 39 & 40). :(9) Letter from the Greenport-Southold Chamber of Commerce requesting permission to locate a memorial plaque at the Greenport Tourist Information Booth in memory of William 'Smith and Harry Smith. Board has no objection. (10) Trailer permit renewal for Walter and Frank Sawicki (see resolution no. 28. (11) Letter from.Town Historian Antonia Booth asking the Town Board if they would like to place an ad in the Long Island Form, a magazine devoted to Long Island history,~ which will publish a 50th anniversary edition in May. Ad rates are very high and Board does not wish'to be included. (12) Memorandum from Account Clerk Barbara Rudder asking the Town Board if they intended to ,include the Benefit" Fund in their resolutions of 'February-2nd granting Arnold Wilson add Alan Faszczewski leaves Of absence. Yes, Board inten~led tO incl~Jde the Benefit Fund. (13) Letter from the Board of Elections with respect t? use of room Space, telephones or~ special election day March 29th - okay. Their reques~ to two town patr,ol cars - suggest they use Sh-~riff cars, and suitcase distribution in T~wn Hall lobby on Saturday, March 26th - s_..uggest they us police headquarters,. 'Supervisor will respond. (14) Trailefi p~rmit renewal for Martin SidOr (see re'solution no. 29). 10:10 A.M. - Town Historian Antonia Booth met with'tl~ Board to advise them that she spoke to Southwold, England on Saturday and they are plant,lng a time capsule for their upcoming anniversary celebratio~ and would I~ke Southold Town to supply material for the capsule. Mrs; Booth asked the Board to think about what material they would like to submit. 1 ~ MARCH 8, 1988 10:25 A.M. - J. Royal Gifford, North Fork Animal Welfare League, Inc., introduced Ooug Cassidy who made a slide presentation on animal shelters. 11:35 A.M. - Architect Garrett Stranc~ met with the Board to discuss preparing plans and specifications for going to bid for the administrative area of the Oog Pound. Mr. Strang with check with Town Attorney Schondebare relative to how fair the Town can go in breaking down the bids into individual trades. The Animal League has volunteered to oversee the day to day construction and coordination. 11:55 A.M. - Superintendent of Highways Jacobst Planning Board Chairman Orlowsl~i, and Planner Valerie Scopaz met witl~ the Board to discuss road specifications minor subdivisions. They will schedule a meeting with the Highway Committee to workout a proposal for presentation to the Town Board. EXECLITIVE SESSION 12:30 P.M. - Town Board Negotiator Charles Gr'aves met with the Board to discuss the CSEA contract negotiations, following which the Town Board discussed personnel, and the possible purchase of property. 1:20 P.M. - Recess for lunch. 2~:35 P.M. -Work Session reconvened and the Board reviewed resolutions for the ~egular meeting. 3:20 P.M. - Audit of outstanding vouchers. 4:00 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold Town Board was held ~n Tuesday, March 8, 1988, at the Southold ToWn Ha!l, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY: The first Order of business is a resolution approving:the audit of the bills of March 8th, :1988. Moved by CouncilWoman Cochran, seconded by Councilwoman Olive, it was RESO,LVEO that the following audited bills be and hereby are approved for payment: General Fund Whole Town bills in the amount of $!30,760.84; General Fund Part Town bills in the amount'of $45,2,~49.61~' Highway Whole Town bills in the amount of $78,985.36; Highway Par~t Town bills in the amount of $4,901.04; Fishers Island Sewer District ~ bills in'the-amount of $115.00; Fishers--.Island Ferry Oistrict bills in the amount of $4,886.'84; Age_~cy & Trust bills in the amoug, t~ of $3,774.03; Fishers Island Ferry Distric!t Agency ~& Trust'bills in the amount 6f $184.92; Nutrition Fund bills in the amount of $8,819.36; AdUlt Oay ~a~e Program bills in the amount of $1-00.00; SNAP 'Program bills in the amount of $5,9~t5.18; Wastewater Capital Account bills in the amount of $8,004.00; Comput-er Capit-al Account bills in the amount of $727.48; Community Oevelopment Fund bills in the amount of $819.36. Vote of the Town Board: A~es: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman. Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. . SUPERVISOR MURP+IY: Next is a resolution approving~the minutes of the Town Bbard meetings of February 2nd, 1988 and February 23rd, :I988. MARCH 8, 1988 Moved by Justice Edwards, seconde~,.by~-~Co~ilwoman Larsen, it was RESOLVEO that the minutes of the ~ebruar¥' ~', 1988 and February 23, 1988 Regular Southoid Town Board meetings be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council~ man Penny, Councilwoman Cochran, Justice Edwards, Supervisor 'Murphy. This resolution was declared duly AOOPTED. SUPERVISOR MURPHY: Okay, we have two special proclamations. The first is proclaim- ing June 1st, 1988 as Employment Opportunity Oay in the Town of Southold. Here's the proclamation it will be presented to the organization. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, we proudly support the efforts-of the Western Suffolk Counselors' Association, which on June 1st, 1988 will sponsor its 21st ANNUAL EMPLOYMENT DAY in the County of Suffolk; and WHEREAS, during this time, prospective employers will provide information to graduating high school students who may subsequently have the opportunity to submit resumes and respond to personal interviews; and WHEREAS, students may thus gain access to entry level employment opportunities now, or in the near future; now, therefore, be it RESOLVEO that the Town Board of the Town of SOuthold hereby proclaims JUNE 1, 1988 as EMP[-OYMENT OPPORTUNITY OAY in the Town of Southold in support Of Western Suffolk Counselors' Association's goals and cooperation with the business community which seeks the resource of local youth for its employment requirements. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilr man Penny, CounCilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: The second one is the Southold Town Board proclaims March 22, :1988. as Business/Education Partnership Oay, and this will be presented,to the organization in honor of this very special day. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, the Town of Southold proudly supports the' efforts of the coalition of private and public selctor organizations which are jointly sponsoring a conference entitled "Business and Education - Partners for Productivity", which will be held at the Royce Carlin Hotel on TUesday, March 22, 1988; and WHEREAS, the objectives of the conference are to spark Long Island businesses and industries to ,consider new options for attracting,-retaining, and developing the employees they need, and to encourage those in the adult education field to structure course offerings to reflect the needs of the business community; ~and WHEREAS, the exploration of ways in which business and education can cooperate will enhnace and benefit the Long Island business community and employees alike..; now, therefore, be it RESOLVED that the Town Board of the Town of Southold, by virtue of-the authority vested in them, hereby proclaim MARCH 22, 1988 as "BUS1NESS/EOUCATION PARTNER- SHIP OAY" in the Town of Southold. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: Moving on, we need a resolution setting the next meeting date for March 22nd, 1988., 7:30 P.M., Southold Town Hall. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVEO .that the next Regular Meeting of the Southold Town Board will be held au 7:30 P.M., Tuesday, March 22, 1988, at the Southold Town Hall, Main Road, Southold New .York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTED. - REPORTS. SUPERVISOR MURPHY: The fir~[~-it'em on the agenda are Reports. These reports, for anyone who would like to look at them, are on file in the Town Clerk's Office. 2. 3. 4. 4. 4. 5. 6. 7. 8. report-, Building Oepartme~t - monthly report - February, 1988.- Town Clerk - monthly report- February, I988. Oog Shelter - monthly report - February, 1988. la) Recreation Oepartment - monthly report - February, 1988. lb) Minutes of FebFuary 22, 1988 Recreation Advisory Board meeting. lc) 1988 Spring Recreation Brochure. Town Trostees-- monthly report - February, 1988. Police. Oepartment - monthly report - FebruaCy, I988. Town Justice Price - monthly, report - February, 1988. I would at this time ask the Councilmen j£,they have anything special to starting on my left with Judge Edwards. MARCH 8, 1988 JUSTICE EOWARDS: I have nothing to report, just a question to ask Mr. Schondebare if he got any word from Mr. Yakaboski in regards to the Garbage Oistrict on Fishers Island and so forth? TOWN ATTORNEY SCHONOEBARE: Mr. Yakaboski was to ~call me back~ He was on the other line when I spoke to his office at the time which was about 3:00 o'clock this afternoon, and as of 7:34 I haven't heard yet. JUSTIC EOWARDS: Thank you. Ridiculous. Thank you, Frank. SUPERVISOR MIJRPHY: Ellen. COUNCILWOMAN LARSEN: Yes, Frank. On Wednesday, February 24th, I attended the Town Trustee meeting with a follow-up on our boat ramps, and reviewed the Trustee proposals that we have before us tonight on the marine monitoring, which is consistent with the recommendations of the B~rown Tide Task Force, and my own recommendation on monitoring both point and non-point pollution sources for cumulative Effects o~n Peconi¢ Bay. On February 25th we--several of us attended the STOP Program ~meeting-~Stop Throwing Out Pollutants--with the OEC representatives for the final review pursuant to our permit implementation and the opening of our building. On March 2nd I attended the Code Committee meeting, which Ruth will be ,reporting on, and On Thursday, March 3rd I attended the Brown Tide Task Force meeting. On Tuesday, yesterday afternoon, we reviewed the RequEsts for Proposals with Or. Eliot Epstein on our landfill, and discussed the 260 permitting from the OEC pursuant to our hydrological testing. And that's about it, Frank. Thank you. SUPERVISOR MI~RPHY: Thank you, Ellen. Jean? COUNCILWOMAN COCHRAN: Yes. As I'm sure many of you are aware, we had a meeting with the Greenport Village Trustees. I ~elt it was a positive meeting. Once again opening up. lines of communication. We met in relation to some of the problems at our scavenger waste plant, and also some of the problems we face in relation to water. Then I was fortunate enough to go down to Florida and visit~ my ~daughter ~n Coco Beach for a week. It was pleasant. She's happy., and we're happy. UPon re~urni0g on Sunday my schedule started .quite hectically. At 11:15 we did meet with Or. Epstein and members of the OEeC and H2M in relation toour landfill--~nd Requests for Proposals. It was our opportunity for input. Fol~ow~ng that I raced up to Laurel Lake. As you may be aware several--at least a y~e~r~ year and a half ago, I had developed a proposal in relation to perhaps developing Laurel Lake as a facility which could be used b~ many of our handicapped~ and have access to handicapped. So we do have a contract with the New York State OEC in relation to using the area as f~shing access. The DEC felt t,h~t we could very easily begin to open this up. as far as developing a park. So I was quite pleased. The first thing that we're going to do, and they're going to be assisting ~us in is is as fa~ as the erosion of the bank line. The rest is to follow. Thank you. SUPERVISOR MLIRPHY: Thank you, Jean. It's an excellent start. As you realize we've been trying to do this for man~y years; and hopefuIl with your effort it's going to work. I know you proposed it, what three ~years ago? COUNCILWOMAN COCHRAN: At least two, Frank. At least two. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes. On the 2~th we had a meetin~ of the Commerce and Industry Co~mittee where we discussed several ke~y items. One was the status of t~e Master Plan, which is going to be mentioned in resolutions later. Other items of interest to the Chambers was the ~en acre water shed protection area, and ~he Southold~Greenport meeting on ~ater, economic impact statements on proposed actions. The Chamber has been proposing'that this be addressed and it is still up ~for discussion. Oog control in general in the Town, the possibility of a Town-owned golf ~ourse~ and a memo~'~al- p!aque to be placed at the Greenport-Southold Chamber building in memor~ of two~dedicated members of the Ch~m~ber, Harry Smith and William Smit~h. We als~ l~ave to check into the parking lot--what's happened with our parking lot at the Laurel Booth. That seemS' to~ be a timely--good time to be starting on it and getting it completed, because there'~ going to be a parking problem there this summer. I m~t also with the Village of Greenport on sewer and water, which has been reported on. On the 3rd I attended th~ Code Committee meet~nq. That's, all. Thank you. SUPERVISOR MURPHY: ~Thank you, George. Ruth? COUNCILWOMAN OLIVA: Thank you, Frank. On February 24th. I also attended the Commerce and ~ndustry Committee which George has reported on. On Febr~uary 25th I attended the STOP meetinc~ with the OEC whe~e~we explained our on-site house- hold hazardous waste building with Bob Becker. it was a constructive meeting to iron out the details and the OEC was most impress,ec~ by our Used Battery Collection Program. They though it was really very good. ~lso on February 25th we~had a very good meeting with the Villac~e Trustees of Greenport. On February 29th I MARCH 8, 1988 attended the special Brown Water Protecti~L~Are~a Advisory Committee with Valerie Scopaz. Rick Hanley, the Riverhead Plann~er, gjave us an update on their proposed Master Plan. The Suffolk County Oepartment of Health Services give us an excellent presentation on the oil spills at Holtsville and Setauket. The clean up on both sites will take up to ten years at a cost of millions of dollars. Both were cause by pipe problems. One a lose fitting in a pipe, and the other just a quarter inch hole in another pipe, not leakage .from the tanks itself, and I'm glad i don't live near them. On March 2nd we had a Code Committee meeting. We discussed fences and accessory uses in "13" and "C" zones, which there is nothing in the Code pertaining to that. We hope to have a definition of a bluff and how to protect them from erosion. We discuss the jurisdiction of the Trustees and the ZBA vis a vis the~Wetlands ord~nace and the zoning. We discussed with the Trustees a proposed ordinance for an in- kind, in-place functional bulkhead which would not need a permit. We discussed overlapping jurisdictions, among many other things. On March 3rd I attended the ZBA; a~d ~)r~ March 7th we met with Dr. Epstein, H2M and the DEC on Requests for f--~-~--Proposals and the 360 permit application for the South~ld Landfill. Thank you, Frank. SUPERVISOR MURPHY: All right, thanks, Ruth. As you can see everybody's been quite busy. I'd just like to add a. coup]e of little things.~i The construction permit for the STOP Program has been received and we will have the b~]lding in place. We have it on site. It will be in place and properly set up :by the end of the month without any problems at all. We're making very good progress on the Landfill and our future plans to have a landfill after 1.990. The only otlrier I would tike to comment on--and it's I think What makes Southold Town so great~ Supday I attended the Special Olympics for the handicapped. It was a bowling contest hel~J throug"~-0-~ut ~-uffolk County, and this is ;their first step in going on to bigger,~ar~d better things, and it really was : fantastic[ But the thing that was most impressive was the spirit and the numbers of volunteers. There were senior citizens, there was the American Legion, our own Bob Neville~ the husband of Betty Neville, who's~!the County Commander, coordinated this whole thing for the Legion. The Lions C~lu[~, the Kiwanis, the high schools. It really was fantastic to see all these people he[ping others who are less fortunate than we were. One boy in particular who is a S,~nior in Mattituck High School--five years ago came over from Vietnam, could not ~en speak the language. He moved in with a family who volunteered to take him, did~ a fantastic job. He has not only overcome the language barrier, but know he is an honor student in Mattituck High School as a Senior, and he was there volunteering hi~g services to help those, and four, five, six years ago he came from probably worse situations than some of these handicapped adults were. So it really is fantastic to see~ II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on the agenda'are Public 19otices. 1. It's good news for all, Oimension Cable Services, a rate increase for 1~88. They have been doing ~ pretty good job and they have been~ most coqperative. When I first came on to the Town Board seven, eight years ago, the biggest complaint here, and Supervisor's Office, Bill Pell's office at the time~ used to receive I would say literally forty, fifty complaints a day about service with Cablevision. If we get one or two complaints a month now it really is high. The cooperation has been fantastic. I11. COMMUNICATIONS. SUPERVISOR MURPHY: We have two communications. I. A concern about Cablevision payment schedules (from F. H. Boss~which they are working out with him. 2. A letter from John F. deReeder thankinq us for the use of our Rec Center for the Peconic Bay Yacht Racing Association's 19~8 sailing seminar. IV..PUBLIC HEARINGS. (To be [qeld at 8:00 P.M., and 8:05 P.M.) 8:00 P.M. Proposed "Local Law in relation to Bazaars, Fairs, (2ircuses and:Public Entertainment'.". 8:05 P.M. - Proposed "Local Law-in relation to Open Space or Open Area Preservation." V. RESOLUTIONS. SUPERVISOR MURPHY: We'll ove on-.to item V, the Resolutions. -At this time I would like to state the Town Board's policy: at this time anyone who would like to address the Town Board on any proposed resolutions, please do so at this time. If anyone wants to address the Town Board on any other matters after we're finished the public hearings and the resolutions, you will be given a chance to speak. -So ~t this time is there anyone who would like to speak on any of the proposed resolutions? Over on thee left? Middle? On.the right? (No response.) Hearing none, we'll move on to th~=~first resolution which is to accept a bid. 68 MARCH 8, 1988 This resolution rescinded by Res. No. 20..-6/28/.88 1.-Moved by Justice Edwards, seconded' by ~ounc~Jwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Kinney Motors, Inc., which bid includes five trade-ins, in the amount of $74,~234.00, for suppiyin~t the Town'with six (6) 1988 Spe~:ial ,Police Type Vehicles, all in accordance with the bid specifications. 1.~Vote of the Town Board:-Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to approve the payment of dues and expenses to the Suffolk 'County and New York State Association ~for our Town Attorney and Assistant Town Attorney. I offer that resolution. ~i ~ 2.-Moved by SiJpervisor Murphy, seconded by Justice Edwards, it was ~i~i" RESOLVED that the Town Board of the Town of SouthOld hereby approves the payment ,o.,f 1988 Suffolk CoUnty and New York State Association dues to the Town Attorney and Assistant Town Attorney, and expenses incurred with respect to said associations. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, CouncilWoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And' Number 3 is to accept a resignation._ 3.-Moved by'~.Councilwoman Oliva, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with re~lret, the resignation of Ralph Condit I1 as a member of the Southold Town Conservation Advisory council, effective March 25, 1988, and extends to Mr. Condit their sincere appreciation for the time and expertise he has devoted to this position. SUPERVISOR MURPHY: I would like to have it entered that everyone seconded, and he was a excellent, excellent member and he will be missed. 3.-Vote of the Town Board: Ayes: Co.uncitwoman Larsen, Councilwoman O liva, Council~ man Penny, Councilwoman Cochran, Justice EdwardS, Supervisor Murphy. This, resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 4 is to advertise for resumes. 4.-Moved by Councilwoman Cochran, seconded by Councilwoman O-liva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes to fill the vacancy on the Conservation Advisory Council created by the resignation of Ralph Condit I1:. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Cour~cil- man Penny, Councilwoman Cochran, Justice Edwards, SupervisOr Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to authorize the attendance at a conference. 5.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Police Officers Martin Flatley and Kevin Lynch to attend a Law Enforcement Awareness Seminar on Satanism and Cults to be held at Warwick, Rhode Island on April 18, 19, 20, 1988, and the actUal costs for meals, lodging and travel shall be a legal charge against the Juvenile Aide Bureau I988-budget;. and be it further RESOLVED that the Town Board hereby authorizes a cash advance of $475.00 and prepaid registration of $290.00 for this seminar. 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOr, MURPHY: Number 6 we're going to hold (designating the w~.ek of Man 20 through'March 26, 1988 as National~Free Paper-Week). Number 7 is t° set a pu hearin, g. ~ , ' ~, ' . 7.-Moved by Councilman Penny, seconded by Councilwoman Oliva, ' WHEREAS, there has been presente~ to the T~own Board of .the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to the Requlation and Control of Alarm Systems", now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, March 22, '1.988, Southold Town Ha!l, Main Road, Southold, New York, as', time and place, for a public hearinq on the aforesaid Local Law which reads as follows, to wit:- LOCAL LAW NO. 1988 A Local'Law in Relation to the Regulation and Control of Alarm Systen~s MARCH 8, 1988 BE IT ENACTED by th~-own--B-~rd'-bf~h~V~Of Southold as follows: 1. Section 24-2 is amended by deleting the term "ALARM AGENT" and its definition. Section 24-3 (A) is amended by deleting the word "person". Section 2'4-3 (B)(2) is deleted. Section 24-3 (C){3) is deleted. Section 24~4 (B) is deleted. Section 24-6 is amended by deleting the term "alarm agent" from the third sentence. Section 24-10 is amended to read as follows: Any person, firm or corporation who does not pay any charge or fee estab- lished in this chapter shall be subject to a fine not in excess of two hundred fifty dollars ($250.00) for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed, and such violation shall be construed 'as a violation against this Chapter. Il. This Local Law' shall take effect upon its filing with the Secretary of State. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to execute an agreement. 8.-Moved by Councilwoman Larsen, 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 an agreement between the County of Suffolk, Home Services Oivisi0n, Office for the Aging, for an. amendment to the SNAP (Supple- mental Nutrition Assistance) Program, increasing the amount payable to $45,366.00. 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is to authorize the attendance at a training course. 9.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Public Safety Dispatchers James Fogarty and Lois Atkinson to attend a Public Safety Teie- communi.cator Training Course, sponsored by the Bethlehem Police Department at Delmar, NeW York, on March 28, 1988, and the necessary expenses for meals, travel and lodging shall be a legal charge against the 1988 Police Department budget. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to set a public hearing, 8:00 P.M., April 5th, 1988.,. on the change of zone petition of Pudge Corp./James Gray sr., Route 48.. I offer that resolution. 10.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, Pudge Corporation/James L. Gray, Sr., by petition dated January 29, 1988, petitioned the Town Board of the Town of Southold for a change of zone on certain property located on the northwesterly corner of Middle Road (C.R. 48) and Cox Lane, Cutchogue, from "A" Residential and Agricultural District to "C" Light Industrial District; said property bounded and described as follows: Beginning at a point on the northerly side of Middle Road (C.R. 48) at the southwest corner adjoining land of John Wickha; running thence along said land the following two (2) courses and distances: (1) North 56 degrees 55 minutes 50 seconds West 270 feet; (2) Sou~th 23 degrees 14 minutes West 100.73 feet to land of Southold Town; running thence along said land North 57 degrees 17 minutes 50 seconds West 180.71 feet to other land of the party of the first part; thence along said land North 29 degrees 30 minutes 40 seconds East 707.52 feet to the westerly line of Cox Lane; thence along said line South 60 degrees 29 minutes 20 seconds East 369 feet; thence on an acr bearing to the right with a radius of 71.51 feet, 122.$0 feet to the northerly line of Middle Road (C.R.48); thence along, said'line on an arc with a radius of 1969.86 feet a distance of 377.37 feet; thence South 26 degrees 14 minutes 3Oseconds West 175.95 feet to the point or place of beg'inn, lng; ~and ~.. WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planninc have prepared Official reports and-r-ecommendations on the aforesaid petition; now, therefore, be it RESOLVED that the .Town Board hereby sets 8:00 P.M., Tuesday; April 5, 1988, Southoi Town Hall, Main Roast, Southold, New York, as time and place for a public hearing on the petition of Pudge Corporation/James L. Gray, Sr. for a change of zone, at which time any person d~siring, to be heard on the above petition should appear at the ti.me and place above so specified; and be it further RESOLVED that the Town Clerk be and she hereby is authorized, and directed to cause notice of said hearing to be published in the official newspapers pursuant to the ~equire ments of law. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman O liva, Council, man Penny, Councilwoman Cochran, Justice Edward, Supervisor Murphy. This .resolution was declared duly ADOPTED. 0 MARCH 8, 1988 SUPERVISOR MURPHY: Number 11 is to authorize the attendance at a training seminar. 11.-Moved by Councilwoman Cochran, seconded by Councilwoman Olivat it was RESOLVEO that tl~e Town Board of the Town of SOuthold hereby authorizes Bay Constable Kent McCarthy to attend a Marine Law Enforcement Training Seminar to be held at Lake Luzerne, New York, on May 2 through 6, I988., and the necessary charges for meals, travel anti. lodging shall be a legal charge against the Bay Constable 1988 budget. 11.-Vote of the Town Board: Ayes: Councilwoman Larsent Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Super~visor Murphy. Thins resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: And Number 12 is to accept the resignation of Tracy GIover~ as a Work/Study Clerk in the Accounting Oepartment. I offer.that resolution. 12.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVEO that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Tracy Glover, a Work/Study Clerk in the Accounting Oepartment, effective immediately. 12.-Vote of the Town Board: Ayes: Councilwoman Larsen. Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: And Number 13 is to waive surety and maintenance bonds. 13.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVEO that the Town Board of the Town of Southold hereby waives the Surety and Maintenance Bond provisions of the Highway Excavation Law of the Town of Southold with respect to the application of the Village of Greenport to install a water main extension along the southerly side of Main Bayview Road, Southold, from Angel Shores Subdivision, west of Sunset Lane, to The Cove, east of Cedar Avenue. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resoluHon was declared duly ADOPTEO. SUPERVISOR MURPHY: And Number 14 is to authorize a refund. 14.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold herel~y authorizes the of ~24.00 to Hoppy's Cleaners, Greenport,~ which amount represents a ' ~i~i permit fee for an Alarm Owner's Permit (Hoppy's Cleaners is in the Village of Greenport, ~'~d not under the jurisdiction of the Alarm Law). 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. '~his resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: Number 15 is to set.another public hearing. 15.-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, Richard W. Corazzini~ by petition dated February 1, 1988~ petitioned the Town Board of the Town of Southold for a change of zone on certain property located on the westerly side of Cox. Lane, Cutchogue~ from "A" Residential and Agricultural~ District to "C-1" General Industrial~District; said property bounded' and described as follows: Beginning at a point on the westerly line of Cox Lane at the northea~st corner of the premises herein described and the southeast corner of the land of Glover running thence along the westerly line of Cox Lane South 60 degrees 29 minutes 2~ seconds East 382.38 feet to other land of the party of the first part; running thence along said land South 29 degrees 30 minutes 40 seconds West 707.52 feet to land of the Town of Southold running thence along said land North 57 degrees 17 minutes 50 seconds West 502.38 feet to ~and of Glover; running thence along said land the following three (3) courses and distances: ~) North 22 degrees 20 minutes 50 seconds East 10t.00 feet;, thence (2) ~t~ 57 degrees 17 minutes East 40.0 feet; thence (3) North 38 degrees 30 min.utes 40 sec~i~s East 5~§8.~84 feet to'the southerly side of Cox~Lane, the point or t~lace of beginning; L~d WHEREAS, the Southold Town Planning Board and the Suffolk County Department of i PIann~ng have prepared off. c~al reports and recommendations on the aforesa.d pet~t.o ; now, 'therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M.~ Tuesday/ April 5, 1988~ Southold Town Hall, Main Road~ Southold, New York as time and place ~for a public hearinq on the petition of Richard W. Corazzini for a change of zone, at which time any person desiriog to be heard on the above petition should appear at the time a~d place above so specified; and be it further RESOLVED that the Town Clerk be and she hereby is authorized-and directed to cause notice of said hear~'ng to be published in the official newspapers pursuant to the ~equire- ments of law. 15.-Vote of the Town Board: Ayes: Councilwoman Larsen~ Councilwoman Oliva, Council- ma~ Penny, Councilwoman Cochran, Justice'Edwarc~~, Supervisor Murphy. This resolution was declared duly AOOPTEO. MARCH 8, 1988 71 SUPERVISOR MURPHY: Number 16 is tO-~(~te an agreement between the Environ- mental Facilities Corporation and the Town for reimbursement for part of our cost for the Household Hazardous Waste storage building. I offer that resolution. 16.-Mo~ed 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 an agreement between the New York State Environmental ,Facilities Corporation and the Town of Southolct for the provision of certain services to the Corporation in connection witl~ Household ~-azardous Waste _Management, for the term~Februar~y 10, 1988 to March 31, 1988, the TOwn to receive $6,795.00 on March 15, 1988 and March 31, 1988; said agreement subject to the approval of Town Attorney Schondebare. 16.-Vote o~ the Town Board: A~yes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran~ Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. StJPERVISOR MURPHY: And Number 17 is a budget modification. 17.-MoYed by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that !~he ,Town Board of the Town of Southold hereby authorizes the follow- ing 1987 Budget modifications to the General Fund Whole Town: To: A1010.1 Town Board, Personal Services $1,500.00 From: A1420.1 Town Attorney, Personal Services $1,500.00 17.-Vote of the Tow.n Board: Ayes: ~Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly~AOOPTEO. SUPERVISOR MURPHY: Number 18 is to authorize the attendance at another conference. 18.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVEO that 'the~-Town Board of the Town of Southold hereby authorizes Senior Bay Constable Oonald Ozenkowski to attend a Boating While Impaired Boater Recognition Program to be held at Lake Luzerne, New York, on May 2 through 5, 1988, and the necessary expenses for meals, travel and lodging shall be a legal charge against the Bay. Constable .1~88 budget. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva~ Council- man Penny~ Councilwoman Cochran0 Justice Edwards, Supervisor Murphy. Th~s resolution was declared duly AOOPTED. SUPERVISOR MURPHY: And Number 19 .is 'to authorize an advanced fee payment. 19.-Moved by Councilwoman Cochran, seconded by Justice Edwards,-it was RESOLVEO that the Town Board of the Town of Southold hereby authorizes an advanced fee payment in the amount of $451.50 for ~he senior citizen bus trip to The CloiSters on April ~19, .1988 and April 26, 1988 (check made payable to The Metropolitan Museum of Art); said charge to be made to A7620.4~ Adult Recreation. 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- ma~ Penny, Councilwoman Cochran~ Justice Edwards~ Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: Number 20 is to authorize an advanced fee payment for a senior citizen bus trip to the Bronx Zoo for $188~.00, same program. This, I might~ add, these fees are all reimbursed to the Town after, but we have to have the author- ization to advance it. I offer that resolution. ~ 20.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVEO that the Town Board of the Town o~ Southold hereby authorizes an advanced fee payment in the amount of $188.00 for the May 18, 1988 senior citizen bus trip to the Bronx Zoo (94 tickets @ $2.00 each = $188.00, check made payable to The New York Zoological Society); said charge to be made to A7620.4, Adult Recreation. 20.-Vote of the Town Board: Ayes: Councilwoman Larse~, Councilwoman Olive, Council- man Penny;~Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: And Nu~be~ 21 is to authorize a $50.00 petty'cash fund to the Town Historian. I offer that~ resolution. 21.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RE$OLVEO that the Town Board of the Town of Southold hereby authorizes the issuance of a $50.00 petty cash fund to Town Historian Antonia Booth. 21.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OIi~a~ Council- man Penny, Councilwoman Cochran, Justice Edwards, Super¥isor. Murphy. Thi~ resolution wa~ declared duly AOOPTEO MARCH 8, 1988 SUPERVISOR MURPHY: And Number 22 is to authorize the installation of two street lights. 22.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that' the Town Board of the Town of Southold hereby authorizes Commissioner of Public Works Raymond L. Jaco~bs to install two (2) street lights, as follows: (#1.) Intersection of Reeve Avenue and Mill Road, MattitUck, Pole #97 Crequires secondary lines). (#2.) Intersection of Reeve Avenue and Sea Aire~ Lane, Mattituck, Pole #10. 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman O/iva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was decl~red dUly ADOPTEO. MURPHY: And Number 23 is to grant permission to use the Town SUPERVISOR 23.-Moved by CounciIwoman Larsen, seconded by CouncilwomanCochran, it was RESOLVEO that the Town Board of the Town of Southold hereby grants permission to the Village Commons Health & Racquet Club to hold a Biathlon race on May 15, ~9~8,. using the following Town Roads: New Suffolk Avenue, Grathwohl Roadj New ~u~folk Road, Oepot Lane, Kennys Road~ Soundview Avenue, Mill Road, Oregon Road; provided they secure and file with the Town Clerk a Certificate of Insurance naming the Town of SOuthold as an additional insured; and be it further RESOLVED that the Town Board grants permission to the Village Commons Health Suf~& R cquet Club to use the public parkin~ field located on the easterly side of New lk Lane, Cutcho~ue, opposite the Cu~chogue Fire House, as an ~ssembly point for this Bi'athlon. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen~ Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: Number 24 is to execute a release~ 24.-Moved by~ Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVEO that the Town Board of the ToWn of Sout~old hereby authorizes and directs Supervisor Francis J. Murphy to execute a ~release to the County of Suffolk with respect to.the County dredging project in and around Gull Pond, whereby the Town releases~ holds harmless, and ~orever discharges the County of Suffolk and the Suf~01k COunt~.~ Oepartment of Public Works from any and all liability, suit or claims that may arise from damage to the Town owned bul~head which is already damaged and in ~eed of repai rs. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen~ Councilwoman Oiiva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: Number 25 is a budget modification for the 1988 ~udget." 25.-Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVEO that the ~'own Board of the Town of Southold hereby authorizes the follow~ lng 1988 Budget modification to the General Fund - Whole Town: Appropriations To: A8160.4 Refuse & Garbage, Contractual Expenses $400,000,00 Revenues To: A599 Appropriated Fund Balance $400,000.00 Provision for various_ projects at Landfill in connection with composting of mun~icipal solid waste and sludge. SUPERVISOR MURPHY: Ray, I~m very happy to see you offering a resolution for our Landfill. In deference to that I think we should all vote "no". I'll second it. 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- mar~ Penny, Councilwoman Cochra~, Supervisor Murphy. No: Justice Edwards. This resolu~i~on w~s declared duly AOOPTEO. SUPERVISOR MURPHY: I might just comme~t~on this very larg~ amount of money. There wa~ surplus and rather than bond the cost--the anticipated costs and contracts that we're entering in~o to do th~ re'sting and dril~ing o~ ~he wells and '1~o make the application for the~ permit to keep o~r Landfill open in 1990 and also to start the RFP and the permit process for a composting system. We're very happy that we had surplus funds where we don't have to bo~d the Tow~ a~ additional debt. It's going to be high enough later on. Number 26 is reappointments of three members to ~he Landmark Preserva~tion~Commission. 26.-Moved by Councilwoman Cochran, seconded by Councilwoman Olive, it was -.' RESOLVEO that the' Town Board of th~'Town of Southo~d hereby reappoints Ralph O. Williams, William Peters~ and Joy Bear as members-o~ the Landmark Preservation Commission, effective April 5, 1988 through April 5, 1990, they to serve in .said positions without compensation. 26.-Vote of the Town Board: Ayes: COuncilWoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, J'us~:ii:e ~Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, it's now 8:00 o'clock, i'd like a resolution to recess to hold the two public hearings. Moved bM Councilwoman Cochran; seconded by Councilwoman Oliva. it was RESOI:VI~D that a recess be called at this time, 8:00 P.M., for th~ purl~ose of holding two public' hearing~:" 8:00 P.M. - Proposed.. "Local La~v in relation to Bazaars, Fairs, Circuses and Public Entertainment. 8:05 P,.M. - Proposed "Local Law in relation to Open Space or Open Area Preservation." Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman O lira, Council- man Penny,. Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution Was declared duly ADOPTED. Meeting reconvened at 8:15 P.M. SUPERVISOR MURPHY: I would like to reopen the Town Board meeting to Resolution NO. 27, which is to disband a committee. 27,-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby disbands the Southold Town Tercentenary Committee, and directs that their funds and assets be transferred to the 350th Anniversary Celebration Committee, under the supervision of the Town Clerk. 27.-Vote of the Town Board: Ayes: 'Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 28 is a trailer permit renewal. 28.-Moved by Justice Edwards, seconded by Councilwoman Otiva, it was RESOLVED that the application of Walter and Frank Sawicki for renewal of their single family house trailer permit, said trailer used to 'house farm help, and located on the north side of Old North Road, Southold, which permit expires on March 23, 1988, be and hereby is granted for a six (6) month period. 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman O]iva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number :29 is another trailer permit for Martin Sidor. 29.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the application of Martin Sidor for renewal of his single family house trailer permit, said trailer used to house trainees under the National 4H Agricultural Program, and located on the south side of Oregon Road, Mattituck, which permit expires on March 23, 1988, be and hereby is granted for a six (6) month period. 29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy, This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is to accept another proposal. Terminated 2/6/90 by resol. #15a. 30.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town Board hereby accepts the proposal, dated January 18, 1988, from Holzmacher, McLendon & Murrell, P.C., to prepare a Part 360 application, pursuant to the New York State Department of Environmental Conservation's requirements, and conduct a Hydrogeologic Field Investigation for expansion of the Cutchoque Landfill, necessitated due to the NYS-DEC's concern over ground~vater contamination from landfilling, and-the potential of prior activities at the site impacting groundwater quality. 30.-Vote o.f the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochra~n, Justice Edwards, Supervisor Murpl~y. This resolution was declabed duly ADOPTED. SUPERVISOR MURPHY: Number 31 is to ask the DEC to amend a-permit for Deep Hole Creek. 31.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby reques{s the New York State Department of Environmental Conservation to amend the Suffolk County Oep~?,ment of Public.Work-s' permit for the dredging of Deep Hole Creek to increase ~pty from 4 feet to 6 feet; and be it further MARCH 8, 1988 RESOLVEO that the Town Board hereby requests the New York State Oepartment of Environmental Conservation to permit the dredging spoil from the Wickham Creel~ dred~in~ project to be placed on the John Wickham property, as has been done historic~ whereas the placement of spoil at the end of Pequash Avenue by method of hydraulic dredge is cost prohibitive. 31.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva0 Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: Number 32 is to request an informational meeting. 32.-Moved by Councilman Penny~ seconded by Councilwoman Cochran, it was RESOLVEO that the Town Board of the Town of Southold hereby requests the York State Oepartment of Environmental Conservation to hold an informational New meet i r~ with the Town Board, Town Trustees and Orient property owners to discuss the OEC's proposed acquisition of property around.Hallocks Bay, Orient. SUPERVISOR MURPHY: I would like to comment on this. I really don't think we should be doing this. I think we're putting the whole process in jeopardy, and I would like to--if the Town would like to have a meeting--a meeting with the OEC in Executive Session where they could explain to us what they're doing on their acquistion program. I think we're putting it in jeopardy doing this at this time. I think we're way. premature. That's my comment. And in light o'f what Ruth has reported tonight on her discussion with the DEC. COUNCILMAN PENNY: I have a letter here from 17 property owners that have requestec this from the Town, and they feel ghat the,Town is their avenue, their approach, their doorway to the OEC, and I feel that by us acting in Executive Session with the OEC will not give the people that have requested this information the answers directly and will not alleviate the concerns that they have. I will not read this letter at this time, but I 'would like it read into the record--the Town Clerk's record-- since it does come from the entire group of property owners down there (this letter is read into the record by Councilman Penny at the conclusion of the resolution part of this meeting,). CO~NCl LWOMAN OLIVA: May I make a comment too, Frank? I do understand that the OEC is in possession of a letter that was written to the Governor asking him to come down and meet with the landowners, and the Governor_'s off~ce sent a very hi.ce letter back saying that it was not under his-jurisdiction to come down, and he referred them again to Stony Brook here, the OEC in Stony Brook. And being as there is not any concrete proposal at this time, the OEC in Stony Brook is still accumulating data, map informationr appraisals, that they~ really do not have a definitive program .at this time. I would like to have Mr. Berger come down and explain to the Town Board first, and then if we are not satisfied with that, then ask for an informational ~eet~ng. Thank you. SUPERVISOR MURPHY: Any other comments? (No response.) ~/ote on Resolution No. 32: 32.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Justice Edwards. No: Councilwoman Larsenr Councilwoman Oliva, Supervisor Murphy. This resolution was declared LOST. SUPERVISOR MURPHY: Number 33 is to authorize a bond resolution for the ~urchase of a 4-yard payloader for the Oepartment of Public Works in the amount of $150,000. I offer that resolution. 33.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, BONO RESOLUTION OF THE .TOWN OF SOUTHOLO, NEW YORK, AOOPTEO MARCH 8, -1988, AUTHORIZING PURCHASE OF A 4-YARE) PAYLOAOER WITH CLAMPS FOR USE BY THE OEPARTMENT OF PUBLIC WORKS, STATING THE EXTIM~TEO MAXIM~C¢ THEREOF IS ~150,000, APPROPRIATING SAIO AMOUNT THEREFOR, AND THE I.SSUANCE oF $150~000 SERIAL BONDS~OF SAIO TOWI~ TO FINANCE SAIO. APPROP R! ATI.ON. THE TOWN BOARO OF THE~-~WN OF SOUTHOLO, IN THE COUNT'Y OF SUFFOLK', NEW YORK, HEREBY RESOLVES (by the favorable vote of not tess than two-thirds of all the members of'said Town Board) AS FOLLOWS: Section 1. The Town Of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby ~Uthorized to purchase a 4-yard payloader with clamps for use by the Oepartment of Public Works of the Town. The estimated maximum · cost of said specific object or purpose, including preliminary costs and ~costs incidental thereto and the financing thereof, is $150,000 and said amount is hereby appropriated therefor. The plan of financing . cludes the issuance~of~ $1,50,000 serial bonds of the Town to finance said appropriation, and the levy~ and colleciton of taxes-on all the taxable real property in the Town ,to pay the principal of~said bonds and the interest thereon as the same shall become due and;~ayable. Section 2. Serial bonds of the Town in the principal amount of $150,00, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated laws of the State of New York (herein called "Law") to finance said appropriation. Section 3. The following additional matters are hereby determined and declaired: (a) The period of probable usefulness of said specific object or purpose for which said $150,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution or any bond anticipation notes issued in anticipation of the sale of such bonds shall mature no later than five (5) years fromt he date of original issuance of such bonds or notes. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 4 of the Law. (c) The proposed, maturity of the bonds authorized by this resolution will not exceed five (5) years. Secton 4. Each of the bonds authorized by this resolution and any bond anticipatio~ notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by SectiOn 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon ail the taxable real property within the Town without limitation of rate or amount. The faith and credit of-the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sate of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any n(~tes in anticipation thereof to mature in such year and (b) the payment of interest to be due and paya,ble in such year. Section 5. Subject to the provisions of this resolution and of the LaW and pursuant to the provisions of.Section 30.00 relative to the authorization of the issuance of bond anticipation notes a~d of Section 50.00 and Sections 56.00 .to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing t~e terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said boods, may be ~ontested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or ~ (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially co~pHed with, and an action, suit or proceeding contesting such validity, is commenced within (wenty days after the date of such publication, or (c) such. obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by ~81.00 of the Law in "The Long Island Traveler-Watchman," a newspaper published in Southold, New York, and in "The Suffolk Times,'' a newspaper published in Greenport, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. ~ 33.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Supervisor Murphy. No: Justice Edwards. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: And Number 34 is to authorize the Town Clerk to advertise for .bids for this payloader. 34.-Moved by Co~uncilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the, Town -Board of the Town of Southold hereby authorizes and directs the Town. Clerl~ to advertise for bids for the purchase of one (1) new or used 4-Yard Payloader with clamps for the Oefaartment of Public Works, all in accordance with the bid specifications. 34.-Vote 6f the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Supervisor Murphy. No: Justice Edwards. This resolutio~ was dec,red duly ADOPTED. SUPERVISOR MURPHY: And Number 35, and my authority as the Supervisor unde~ Town Law, I appoint John A. Cushman as my Bookkeeper. NpW~ MARCH 8, 1988 COUNCILMAN PENNY: No, it's in the State Law, and Jay should have ...... SUPERVISOR MURPHY: Is that correct, Jay? COUNCILWOMAN LARSEN: He!s not here. COUNCILMAN PENNY: The Town Board has to create that position the way I read it in the State Law. SUPERVISOR MURPHY COUNCILMAN PENNY: it. SUPERVISOR MURPHY Okay, we'll create it first. Fine. The Supervisor has a right to fill it, but we have to create~ Number 35(a) is to create the position. I offer that resolute. 35.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was (a) RESOLVED that the Town Board of the Town of Southold hereby creates the exempt ~osition of BOokkeeper, effective March 10, 1988.; and be it further RESOLVED that the Town Board, in accordance with Section 29, Subsection 15 of the New York State Town law, hereby authorizes Supervisor Francis J. Murphy to designate a Bookkeeper. 35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- (a) man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 35.-SUPERVISOR MURPHY: Now, 35lb), my authority as the Supervisor, i appoint (b) John A. Cushman II as my Bookeeper. SUPERVISOR MURPHY: Number 35(c) is to set a salary of $30,000 a year, effective March 10th. 35D-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was (c) RESOLVED that the Town Board of the Town of Southold hereby sets the salary of Bookkeeper John A. Cushman I~1 at $30,000.00 per annum, effective March 10, 1988. 35.-Vote of the Town Board: Ayes-: Councilwoman Larsen, Councilwoman Oliva, Council- (c) man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED, SUPERVISOR MURPHY: And Number 36 is a resolution abolishing the position of Accountant. I offer that resolution. 36.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby abolishes the pc~sition of Accountant, effective March 10, 1988. 36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: Number 37, Jean? 37.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Tim Rumph, RLA, to provide a Master Plan at a lump sum fee of $400.00, and a Construction Plan at a lump sum fee of $700.00, for the Town of Southold property at Laurel Lake, said fee to be paid by Community Development Funds FY 13; and be it further RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized to execute the acceptance of this proposal upon the approvaI of Town Attorney Schondebare~ 37.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, ~Councilwoman Cochran, Justice Edwards, Supervisor Murphy. . This resolution-was declared duly ADOPTED'. SUPERVISOR MURPHY: Number 38 is to amend a prior resolution. 38.~Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 23, adopted on December 1, 1987, authorizing~the Supervisor to execute an ac~reement with the Shelter' Island Fire Alarm District, tO read: "execute an, agreement between the Shelter Island Fire District and Shelter Island Heights Fire District". 38.-~/ote ~f the Town Beard: Ayes: Councilwoman Larsen, Councilwoman O.~iva, Council- ~%a-n~P, ~.~,~Councilwoman Cochran, Justice Edwards, Supervisor .Murpl~y. This re so I u t iD n ~~r~ ~%,~.~ ' SUPERVISOR MURPHY: . Statement. Number 39 is to accept the Ge MARCH 8, 1988 77 s~d""¥ y~. ~ouncilwoman Cochran, it was 39.-Moved by Councilwoman Larsen, RESOLVED that the Town Board of the Town o:~ Southold hereby accepts the Generic Environmental Impact Statement with respect to the proposed "Local ,Law to amend the Southold Town Zonincj Code and the Zoning ',Map incorporated therein,: to implement, in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board." COUNCILMAN PENNY: I'd tike to make a comment at this time. We're called upon ,~ o~p~ tl~e Generic act Statement. I ju~ want to --'-- it -' .... ""* I abstaining on this because I am not personally happy with the Generic Envi~nmental Impact Statement, and ! am hoping that this will be passed on to the public. I don't want to stand in the way of this being passed on to the public. I won't vote against it. I feel that ther.e are some serious flaws in it and I hope to have the public address them. So I wilI'b~ abst~ning on this vote. SUPERVISOR MURPHY: Any other comments? COUNCILWOMAN LARSEN: Well, I think we all agreed on that today, that we find flaws, but we're going to once again put it before the public and this is the way to get it to the public. COUNCILWOMAN COCHRAN: I think we have to keep in mind it's a Generic Impact. It's not site specific, but it does state that there will be site specific impact statements done on particular development as it comes along, so I think when it's a generic you have to keep in mind that it's not going to go into the depth that we would like to see at this point. I think it's: important that we accept this, and that it helps us move along in the direction of adopting our Master Plan for this community of Southold. I think a great deal of damage has been done because we have not to this point put a Master Plan in place. I do not even say that our Master Plan is a perfect~piece of work, because it certainly is not. But I feel that lit is something that we should ger..in place, that we will have the opportunity as we work with it to make the necessary changes. A Master Plan is a comprehensive tool that is used in relation to planning. Our Master Plan is not carved in stone, it's fle~cible, it's going to be reviewed yearly. But I think it's most important. Look around the community and see what's happening. I think, it's best that we move as quickly as we can to get this in place. Thank yob.. SUPERVISOR MURPHY: My only comment is that I think we should be doing the zoning with it. COUNCILWOMAN COCHRAN: Well, I think it will be confusing to the public. I think we should deal with the environmental first, and as quickly as possible head directly to the Master Pla~, Frank. Call for the vote. SUPERVISOR MURPHY: Anyone else? Ellen? Ray? Ruth? (No response.) 39.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- woman Cochran, Justice Edwards, Supervisor Murpfiy. Abstain: Councilman Penny. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: And Number 40 is to set a public hearing, 2:00 P.M. to 5:00 P.M and 7:00 P.M. to 9:00 P.M., on Tuesday, April 26th, Southold Town Hall, for this public hearing. ! offer this. 40.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVEO that the Town Board of the Town of Southold hereby sets 2:0OP.M. to 5:00 P.M. and 7:00 P.M. to 9:00 P.M., Tuesday, April 26, 1988., Southold Town Hall, Main Road., Southold, New York, as time and place for a public hearing on the Generic Environmental Impact Statement with regard to the proposed 'Local Law to amend the Southold Town Zoning Code and Zoning Map incorporated therein, to imp'lement, in whole or in part, the recommendations of the~Mast, er Plan Update prepared by the Plan~ing Board." 40.-Vote of the Town-Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man P~nny, Cbuncilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ~ADOPTED. SUPERVISOR MURPHY: Number 41 and 42 I might comment"before hand. I just spoke to Ken LaValle's Legislative Aide Brian Murphy in Albany about 5:00 o'clock tonight, and he asked that we pass this Home Rule Message for the Senate and the Assembly, even though we're quite sure that it's going to be amended and we're going to have to submit another Home Rule Message. Just as a procedure he woul~l like it done, so out of deference to Senator Ken LaValle, who has 'bernina igreat supporter of this b. ill, I think we should giv.e ~him-~hat he's asking and send him - the--~f;ome Rule Message of support. I offer No. 41, the enactment of Senate bill No. S.3058-A, relative to an act establishing a Southold Land preservation Bank. I offer that resolution. Any question? (NO response.) 78 MARCH 8, 1988 41.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVEO that pursuant to Article IX of the ConstitUtion, the Town Board of the Town of Southold hereby recluests the enactment of Senate bill No. S.3058~-A, entitled "AN ACT establishing the Southold land preservation bank to preserve, acquire, hold and manage der[ain 'real property in the town of southold, county of Suffolk and providing for the repeal of certa.n proves.ohs upon expiration thereof. It s hereby declared that a necessity exists for the enactment of such legislation, and that the Town Board does not have the power to enact such legislation by local law. 41.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, JuStice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY:, And Number 42 is a resolution requesting the enactment M of Assembly bill No. A.4042-A relative to an act establishirig a Southold Land Preserl~tior Bank, a sister bill to the Senate. I offer that resolution. 42.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVEO that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assembly bill No. A.4042-A, entitled "AN ACT establishing the Southold land preservation bank to preserve, acquire, hold and manage certain real property in the town of Southold, county of Suffolk and providing for the repeal of certain provisions upon expiration thereof." It is hereby declared that a necessity exists for the enactment of such legislation and that the Town Board does not haVe the power to enact': such legislation by local law. 42.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: And Number 43 is to execute a contract. 43.-Moved by CouncilwOman Larsen, seconded by Councilwoman Cochran, it was RESOLVEO that the ToWn Board o'f the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a contract between AT&T and the Town of Southold for the i~stallati0n of additional telephone lines in the Southold Town Hall. ~ 43.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. .~ This resolution was declared duly AOOPTEO. ~! sUPERVISOR MURPHY: Number 44 is to set a pu-blic hearing. 44.-Moved by Councilwoman Oliva, seconded by Justice Edwards, WHEREAS,. there has been presented to the Town Board of the Town of Southold. a proposed Local Law entitled, "A Local Law in Relation to Boats, Docks and Wharves", now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, March 22, 1988, Southold Town~Hall, Main Road, Southold, New york, as time and place for a public hearing on the aforesaid proposed Local Law which reads-~-~ follows, to wit: LOCAL LAW NO. - 1988 A Local Law in Relation to Boats, Docks and Wharves BE IT ENACTED by the Town Board of the Town of Southold, as fol'lows: Section 32-51 is amended by adding subsection F to read as follows: F. it shall be unlawful, for any person served with a notice of violation pursuant to section 32-51.C to fail to comply with such notice~ Section. 32-53 is amended by amending the title of said section to read: Compliance required; penalties for offenses. Section 32-53 is amended b~/ renurr, berin§ existing subsections A and B to B and C, respectively. Section 32-53 is amended by adding subsection A to read as follows: A. It Shall be unlawful for any owner, occupant, builder, architect, c~ntractor or their agents or any other person to fail to comply With any-provision of this chapter, or to fa.l in any manner to compy with a w.ritten notice, directive or othe~, of the Bay Constable, or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter~. II. -This Local Law shall take effect upon its filing with the Secretary of State. 44.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared'duly AOOPTED. COUNCILWOMAN ~ARSEN: I would like to add that this was sitting for'at least a year and a half. I'm glad to see we've gQt a Town Attorney. ~. COUNCILWOMAN COCHRAN: What Frank and I were.just saying. It's good to. see these Local Laws coming down the pike~ because they've been-buried for a while. SUPERVISOR MURPHY: We dried.up. These Local Laws all have-to do with-enforce- ment~ ._ - MARCH 8, 1988 79 COUNCILWOMAN OLIVA: Which our former ADA, Bob Berntsson, has picked up in our Code, that you might have had the violation, but there was no way to really enforce it. SUPERVISOR MURPHY: Number 45 is to set another public hearing. 45.-Moved by Councilwoman Larsen, seconded by Justice Edwards, WHEREAS, there Kas been presented to the Town 13oard of the Town of Southold a proposed Local La__w_entitled, "A Local Law in Relation to Scavenqer Wastes", now, Therefore; be it RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, March 22, 1988: Southold Town Hall, Main Road, Southold, New York as time and place for a public hearing on the proposed Local Law which reads as follows, to wit: LOCAL LAW NO. 1988 A Local Law in Relation to Scavenger Wastes BE IT ENACTEB by the Town Board of the Town of Southold, as follows: I. Section 75-11.2 is amended by addir§ sulssectior, F to read as follows: F. It shall be unlawful for any person served with a notice of violation pursuant to section 7~-11.2.C to fail to comply w th such notice. Section 75-11.3 is a~.ended by amending the title of said section to read: Compliance required; penalties for offenses. Section 75-11.3 is amended by renumbering existing subsections A and 13 to B and C, respectively. Section 75-11.3 is amended .by adding subsection A to read as follow, s: A. It shall be unlawful.for any carter, owner, occupant, builder, architect, contractor or tl~.eir age~ts or any other person to fail to comply with any provision of this chapter, or to fail in any manner to comlsly with a ~ritten notice, directive or order of the Inspector, or to conduct any operation in a manner not in corrpliance with a permit issued pursuant to this chapter. II. This Local Law shall take effect upon its filing with the Secretary of State. 45.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 46 is to set another public hearing. 46.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Wetlanc~s", now, therefore, be it RESOLVED that the Town Board hereby sets 8:07 P.M., Tuesday, March 22, 1988, Southold Town Hall, Main Road, Southold, New York as time and place for a public: hearinq on the proposed Local Law which reads as follows, to wit: LOCAL LAW NO. 1-988 A Local Law in Relation to Wetlands BE IT ENACTED by the Town Board of the Town of Southotd as follows: 1. Section 97-31 is amended by adding subsection F to read as follows: F. It shall be unlawful for any person served with a notice of violation pursuant to section 97.31.C to fail to comply with such notice. Section 97-33 is amended by amending the title of said section to read: Compliance required; penalties for offenses. Section.-97-33 is amended by renumbering existing subsections A and 13 to B and C, respectively. Section 97-33 is amended by adding subsection A to read as follows; A. It shall be unlawful for any owner, occupant, builder, architect, contractor, or their agents or any other person to fail to comply with any Provision of this chapter, or to fail in any manner to comply with a ~,ritten notice, directive or order of the' Bay Constable, or to conduct any Operation in a manner not in compliance with a permit issued pursuan.t to this chapter. I1. This Local Law shall take ef~fect~ upon its filing with the Secretary_ of State. 46..-Vote of the Town Board: Ayes: CoUncilwoman Larsen, Councilwoman Oliva, Counci'J- ~n Penny, Councilwoman Cochran, Justice Edwards, Supervisor _Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Now would you like to, as Number 47, enact the Local Law that we had the public h~aring on where there no comments on, Bazaars, Fairs, etcetera? (Yes.) I offer that resolution. 80 MARCH 8, 1988 47.-Moved by Supervisor Murphy, seconded bY Councilwoman Cochran~ WHEREAS, a proposed Local Law No. 1 - 1988 was introduced at a meeting of this Board held on the 23rd day of February, 1988~ and WHEREAS, a public hearing was held thereon by this Board on the 8th day of March, 1988, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local Law No. 1 - 1988 be enacted as follows: LOCAL LAW NO. I - 1988 A Local Law in relation to Bazaars, Fairs, Circuses and Public Entertainment BE IT ENACTED by the Town Board of the Town of Southold as follows: [additions indicated by underline, deletiQns by [brackets])., ~ Chapter 27 (l~azaars, Fairs, Circuses and Public Entertainment) of the Code o~ the Town of Southold is amended as follows: I. Subsection B of Section 27-1 is amended to provide as follows: B. Nothing herein or in the foregoing shall apply to bazaars, fairs, carnivals and circuses and other public outdoor shows and entertainments that are approved, in writing, by the Tow. n [Board] Clerk and held in the town under the sole management and for the profit of-local fraternal, charitable or religious organizations. II. Subsection C of Section 27-1 is amended to provide as follows: C. All applications to the Town [Board] Clerk for permits shall be in writing and shall supply the name and address of the organization and its officers making such app[icati0n and the nature of the affair, that the same is for charitable purposes, the length of time contemplated and the exact location where the same is to be conducted. !tl. This Local Law shall take effect upon its filing with the Secretary of State. 47.-Vote of the Town Board: Ayes: CouncilWoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: That's the end of our' prepared and added-on-agenda. At this time I would like to ask any Town Board members if they have anything further .to comment on, starting on my right with Ruth? COUNCILWOMAN OLIVA: Nothing at this time. Thank you, Frank. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes, at this time, for the benefit of the audience, I woul-d like to read the letter from the Orient community, the people that feel intimidated by the DEC and have-called on the Town to interact with the OEC and hold informative discussions, which did not go through tonight. "Oear Councilman Penny: Sublet:t: State Rurchase of Wetlands Around Hallocks Bay. Attached is a note from the Orient people who own the small amount of the circumference of Hallocks Bay this is not already protected. Orient is no different from most other country villages on Long Island and probably in New York State. It has been "discovered" and many city people have moved here as retirees or as weekend residents. As they move in they like Orient and want to prohibit other people from moving in. They try to do this by getting various branches of Government to take action such as Zoning, Building Restriction, Public Take Over, etc. These actions and harassment of land owners encourage rapid ]and sales and development because the developers want I~o get ahead of proposed new regulations. This is not unique to Orient; the same thing happens in lots of places. The theory they express is that the land should be controlled for the good_ of the majority with apparently no concern for the interest of the land owners. So, we land owners want you to know that we are here too, and we feel that your plan to force us to sell is unconstitutional. In the past few years a large part of Orient has been sold and is in various stages of development. We land owners are among the very few who have not sold or developed land. We are not new comers, The land has been in our families for 100 to 200,years. We want to keep it open and we do not. want to sell. We all own land behind these wet lands which give' us th~ access to water. This adds a great deal to the value of the uplands. The Stat~,~:~t threat 'to buy our land will force us into ex~.ensive legal action which is unnecessar~l'~'t:~l No mo~'e than seven or eight houses could be built on the land not already protected and seven or eight houses, if th*~¥-Were ever built, will not have any effect on the bay. - Before yoiu go too far towarcf buying our land, we would like to discuss with you other ideas that will limit building close to the water and still give us access to the water. We, the undersigned, just wonder why the State would want to buy the "Meadows" in Orient afte'r what has transpirted in the years since environmental and conservation groups .have outlawed and overriden the old tried and true conservatior practices. Since their inception, we have had a complete deterioration of our marine resources culminating in the Brown Tide. A million dollar sxallolo industry is gone; the' last oyster shop closed i'~s doors; mussels and -soft (:lams are a thing of the past, though a few hard clams have survived. Also gone are the jobs associated with these industries. Many people were able to .supplement their diets,-including senior citizens on fixed incomes, with the _bounties of the seas. ~ we said, we want to be able MARCH 8, 1988 8! to use our wet lands for access to!"~t!-~'~,,~d we do not want to sell our meadows. They have been in our families fox generations. Signed, Orient Meadow Land Owners Association by: Henry Sledjeski, Lloyd E;'Terry, Henry W. Burden, Howard J. Hoey, Marion L. Edwards, Constance J- Terry, Hope T. Gillispie, John [3. Tuthill, Mary Louise Blank, Peter Blank Jr., Margaret L. Strachan, Katherine Oroskoski, Irving Latham, Jeanne Brawner, Oavid M. Brawner, Edward W. Latham, Mark S. Oroskoski." I would have hoped that this Town would have been receptive to sit down with the OEC and discuss, not the acquisition of the land, but the constraints that these people would have been dealing with if the State is to fulfill this. This is all they're asking, and l'm sorry but. tonight they didn't get this. SUPERVISOR MURPHY: COUNCILMAN PENNY: SUPERVISOR MURPHY: Anything else, George? No, thank you. Ellen ? COUNCILWOMAN LARSEN: I'm sure that Frank will have a letter going out first thing in the morning, George, asking Harold Berger .to come and discuss this with the Southold Town Board, and to review that letter and will make us aware exactly where they are at the acquisition stage. No one has said that we are not going to sit down and met with them, but they are in a very sensitive stage. I think what we're really looking at here is what type of legacy will we leave roi- Southold Town in the years to come. Yes, the Orient landowners have done an excellent job at preserving the area today, but 50 or 100 years from now, with the increased pressures on development, what will be left? Before we rule out. the OEC I think we should sit down and listen to what they' have proposed. As I said before I'm familiar with East Hampton Town, Nappauge, many areas the State have acquired have remained relatively pristine, they're not overrun, people have access to their property, and the assurance is given that the areas will be preserved in the future for the future. There's very little left in Southold Town right now. Hallocks Bay is a major area. This has been here since 1972, there has been no effort on the Town Board to acquire Hallock-s Bay in the past and there was no effort made by the landowners to do this in the past, and there was no effort made by the Trustees. In fact every permit that ever came before the Trustees for house constru~:tion, no matter what the topo- graphical elevations were, if they were 18 inches, was granted. So there is a concern whether Hallocks Bay will remained preserved in the future. If the landowners are concerned with the preseva~ion, if that's what they have kept forever, I think that they can give the-Town Board another two or three weeks to sit down with Harold Berger to find out whether their concerns are an overreaction, what the OEC is going to offer us, and then we can take it from there. SUPERVISOR MURPHY: Thank you, Ellen. Jean, I'm sorry, I bypassed you. COUNCILWOMAN COCHRAN: That's quite all right, Mr. Supervisor. Just in response to a little of what Ellen jus~i said, I don't think the matter of ruling out the OEC-- [ think it's a matter that these people who have bee~ landowners, many of them for 100, 200, 300 years, want the right to sit down and first hand have the opportunity for information, and I think anyone has this right, and if it was my land that I owned [ certainly would want to have the opportunity to sit down with those that are trying to purchase, that I could have my questions answered. And I think this is what we were looking for, to help serve those landowners. [ have question: I'm curious as to what Channel television is with us. this evening? ANSWER: D!mension Cable Services, Channel 25. COUNCILWOMAN COCHRAN: ANSWER: Yes. Channel 25. Will you be recording all Board meetings? SUPERVISOR. MURPHY: When can we see this great-event? ANSWER: This will be on Monday night--Monday afternoon. COUNCl LWOMAN COCHRA'N: I j~'st-~hink it's great because it certainly is a service to the community so that more and ~ore people can see how their local government functions. Thank you. SUPERVISOR MURPHY: It's wonderful, I think. It's an excellent program, and I might add its a part of .O imension Cable living up to the contract that .they agreed to. I think they've done an excellent job. Ray? JUST~.ICE EOWAROS: .Maybe I could borrow a'tape to-take ove~ to.Fishers Island iaasm~'~:h as we d° ~ot have cabl~ over there and the.y'd probably like to see it. 82 MARCH 8, 1988 SUPERVISOR MURPHY: Okay, I wou~d like to just make one last comment on this Hallocks Bay thing. I think we're all talking about the same thing, and my only concern ~$ that we don't put the whole program in ieopardy, and I don't think the OEC has any intent of stealing, or taking any property or property rights away from anybody° and ltd t~ate to have the program be put in a position where we're liable not, to have the funding to acquire any part of the protection around there, and go from there~ At this time now I'd like to ask anyone in the audience if they would like to address the Town.Board on anything that's bothering them at all? Mr. Merkle. JOSEPH MERKEL: Joe Merkel, Peconic, Southold. Good evening, Mr. Murphy, and Board members. I have done a little research into the handling of the roads on min~ subdivisions and would like to present the Town Board with some information that I found in Southampton Town, and I've got a copy for each of .you that I'll give to you now. I think if it's good enough for the elite and high society people of South- ampton, then I think it's good enough for us country people here on the North Fork. (Mr. Merkel presented "Excerpt from Chapter 60 of the Code of the Town of Southampto~ "Rules & Regulations for the Subdivision of Land". It seems that they ha~/e some good ideas on the front page on preservation of the natural features around the area, ancl gives a description of what a driveway would be for a minor subdivision that they find very satisfactory for their needs. COUNCILWOMAN COCHRAN: Frank, may I say something? Mr. Merkel, this morning Bennie Orlowski from the~Planning Board did come in with our Planner Valerie Scopaz and this was under discussion again. The end result of that discussion,, as Chairman of the Highway Committee, Bennie and I are coordinating a meeting which will be Monclay the 14th I believe we pic'ked, at 4:~00 o'clock in the afternoon where the High- way Committee and the Planning Board will be taking this under discussion. So, for your~ information at that time we will be meeting on this subject. No definite decisions have been 'made. In fact, one of the suggestions that was made~ perhaps we could get some of the regulations from surrounding communities to look at, in addition to what the Planning Board has presented. So we certainly do appreciate your bringing this to our attention. But no final decision has been made in relation to this at all. JOE MERKEL: Right. ! just wanted to pass it along. COUNCILWOMAN COCHRAN: Okay.' Just for the information. is Monday, the 14th, at 4:00 P.M. here at Town Hall. And the meeting JOE MERKEL: Also I think right: now--I think we're all aware that most.of the problems that have come about on this matter isn't handled correctly, the ramifications of all. the farmland and possible increasing of density and I think we went through a lot of the different problems. The Farm 13ureau is now forming a committee to keep abreast of some of these new proposalS, such as the core water shed area, different regulations, polities, and road policies for minor subdivisions. Most of these things we were unaware until they were happening to us already. We don't like surprises so we'd like to be notified on some of these different proposals and other changes forthcomi~lg, and we'd also like to have a meeting with the Planning Board and a meeting with the Town Board in the near future to discuss some of these things. 1 think the current direction of the administration seems to be going off course somewhatr. I've got a copy of some articles that were in The New York Times on February 28th, : Supreme Court ruling. The first thing was Church v. County of LA, decided June 6th. The Court held that a zoning authority must compensate a landowner when ' it is found to have illegally prevented the owner from using his land, even temporarily. In Nollan v.. California Coastal Commission, decided June :25, the Court ruled that in putting conditions on development of land unrelated to the impact of the development amounted to an effort to confiscate the land, known as a "taking" without paying for it. This shows what can happen when the ship runs aground. I've got some here for you. (Mr. Merkel presented to the Town Board copies of articles from the Sunday, Feb,.ruary 18, .1988 edition of The New York-Times.) COUNCILWOMAN OLIVA: Joe, could we ask you-one question? Where did you get the cot~y machine? It looks great. JOE MERKEL: I purchased it for m~, business. I find Other uses for it too now. Also, the second one I handed out, I think it is very important, with. builders and such with the Town Hall. T_he Supreme Court Arms OeYelopers in Zoning Tests. Taking of prop.erty. This is really happening here and this is The New York Times, which I think is a pretty substantial magazine. I found that very interesting reading, and I hope everyone upon on' the Board reads that whol.e, article. Also, 'a near neighbor, Southampton Town, in Trupin v. Southampton. A federal jury just awarded him 1.9 n:lillion dollars, including legal fees. amounting to 3 million dolors. The Town° insu'~'-~f~ce only covers a million dollars of that. So now the taxes could go up, 10~ ' for the next ten years go cover the cost,-of it had to be covered in one year they 83 MARCH 8, 1988 would go up by 60% for all the taxpa~;~'~:s~%Uthampton Village. So I don't think anyone can be too happy with this ruling~ except for Mr. Trupin is smiling quite a bit on thiscoverage as you can see. He's real happy. So I think these events should shed some light on the current proposals and policies that are now pending. Thank you. Joe Merkel. SUPERVISOR MURPHY: Thank you, Joe. Anyone else on the left like to address the Town Board? [No response.) In the middle? John? JOHN NICKLES: John Nickles of Southold. I just had a question on the resolutions that i would like some explanation as to 35(a) and ~b) and 36. Are they related, where the Board abolishes the Accountant position and creates the Bookkeeper position? Could you explain to us what's going on. SUPERVISOR MURPHY: It was a position that was appoinLed because there was no list, and we established as an Accountant for a_ man we hired, John Cushman. And according to the Civil Service, he would not be eligible to take the test when it was given. We're very pleased with his services and in Town Law the Supervisor is allowed an assistant, and also a Bookkeeper. Larger towns are allowed--they call them a Comptroller. This is not a Civil Service position, he serves at the will of the Supervisor, the appointment of the Supervisor, and the Town Board and I are very pleased with his work, and this is to give him a little more security, and to exempt his position from Civil Service. Then we just eliminated the position of Acco,~ntan~ because we don't intend to fill it. Anyone else in the middle? (No response.) Over here on the right? Yes? MARTIN SIOOR: Good evening. My name is Martin Sidor, and listening to this situatio~ at Hallocks Bay with the wetlands, I feel as a farmer in Southold Town, with this water core overlay district, whatever, ! feel we're in the same boat. It was funny, I was thinking of something--this is not easy for me, first of all. I'm much more comfortable being i~ a field and watching over the crops and other problems to take care--and trying to think of something to say tonight, I got a charcle out of the word "legacy". I think that these people you're mentioning--100, 2~}0, 300 years, we're not--my family not quite that long, but as a legacy I can't think of a group of people, the farmers in Southotd Town, that has given Southold Town more of a legacy and asked of less of this Town, as a group, than the Southold farmer. And I think if anything like this comes close, nothing more than a slap in the face. I have no statistics, I have no fact. s as. far as cluster versus sprawl, open area versus cluster as far as the recharge area. As far as the pollution of the water, of the air, but I think our record stands. Our family has been 75 years in one particular area. Grandparents where I'm Ii¥ing, have lived in it until their 90's. t do not have numbers, I do not have facts right now, it's just a feeling; and it comes from my heart. I'm just looking to preserve what I've got given to me for my family,, and to have an agency or group of people that can even come close interfering with that I think Has been given too much power. SUPERVISOR MURPHY: Martin, let me make--are you finished? I'm sorry. MARTIN SIOOR: Go ahead. SUPERVISOR MURPHY: Are you finished? MARTIN SIOOR: Go ahead. I don~t know. SUPERVISOR MURPHY:- l~m very sorry you feel that way, because.l sincerely believe that this To. wn Board and previous Town Boards of South01d Town have gone out of their way to support and to help the farmer. I think what you're 'talking about on this overlay district is information you got from a letter that is probably the most misleading, inaccurate piece of mail that I think has ever gone out, and the worst scare tactics that I've seen anyone do to a group of people. Southold Town has no intention of_ hurting the farmer or putting His life in jeopardy, and his value of his property~. -I think what we've ~tone is try to support the farmer and to help the farmer. W..hat you're talking about is completely misinterpreted, and is not the intent'of"the Town Board or' the Water AdviSOry Committee, and at -th s point is not even part of a plan. It was just'"a~n-idea and a development of a way so that your children and their children will have safe drinking water in this Town for many, many years to come. That's the whole purpose of it, and it was not there, and it will not hurt the farmer at all. COUNCILWOMA~I OLIVA: Frank, could I just say something? When this proposal is finally in place, every property owner in that proposed core water shed area will be invited in to meet with the Town. There will be give and take between the members of the Advisory Committee .and the property owners. Our wish i~ not to hurt any p~!',opert~ owner or the equity in their land. Our purpose is to find the best way to preserve our water shed area so that we will be able to have wa[er not .lust five years from now, but 50 years from now. But it's ._n.~ot our intention to take any of the equity'away from the property owner's land at'~tl, and will have that informational meeting with all the proper~y owners. We want their i'nput. Thank you. MARCH 8, 1988 MARTIN SIDOR: No, it did not come from that letter, the information. I told you I have no facts, I have no statistics, l'm unaware of that. It's just my own feeling. Maybe another reason for uncomfortableness is that the meeting with the Hallock Bay peop]e--first you'll meet with the DEC and then the people, and I would be more comfortable if the meeting came first with the landowners and then people from t ne outside. SUPERVISOR MURPHY: I think we're talking about two different things, but that's your opinion. That's fine. COUNCILWOMAN COCHRAN: He's expressing his philosophy as a farmer that loves the land. ~ SUPERVISOR MURPHY: And I think this Town Board has, and previous. Town Boar in Southold have.done everything we can to support that there will be farming out here, not only this year but for many, many years to come, I think this has been our primary industry for 300 years and we hope that it stays for another 300 years. MARTIN SIOOR: Well, that's good to hear. I still feel--you hear remarks and one leads you to think one way and one',leads you to think another way, and sometimes, you know, you being in the middle of this that it does leave for a sense of insecurity.' SUPERVISOR MURPHY: Absolutely nothing has been passed, nothing has been done on this. It's a concept and a plan that is completely been blown out of the original intent, and the whole thing has been completely turned around to what the intent was, and i'm very sorry that yo.u feel that way, because I do know many members of the Sidor family, including yourself, who have worked for many years and have given this Town an awful..Iot, and this is why Southold Town is such a pleasant and a nice place to be, live and work' in. And we intend to keep it that way. MARTIN S1DOR: Well, I don't mean ,to give the impression that I've got hard feelings without know the facts. The next question I would like to know is when would the facts be given, when could we fired out, or is anything in place now to look at or study ? : SUPERVISOR MURPHY: Absolutely not. This was just a theory that's being develo]~, ~ and as Ruth mentioned there will be, as this plan' is developed, as parcels are priorities set aside, that then there will be a pubhc hear.ng and a g~ve and take, in particular with. anyone whose property would fall in that area. MARTIN SIOOR: So the time schedule would be similar to Hallocks Bay, where first the DEC ..... COUNCILWOMAN OLIVA: Oh, no, the-DEC has nothing to do with 'this ..... MARTIN SIOOR: No, I'm sorry, I take that back, okay? It's not the DEC involved in this. Okay? Whether it's a subcommittee or committee, but first that's formed-- in their case it would be the DEC, and then .the people come second. That's my point. In other words it's not the DEC, not the EPA, whatever group comes in first, and then the landowners come in second. SUPERVISOR MURPHY:' We're concerned about the people of Southold Town, the health and welfare of the people of Southold Town, not only for their assetS, the drinking water, but also for their way of life and this is what we're concerned about. We have no intention of hurting anybody or taking any property away. COUNCILWOMAN OLIVA: As far as the water shed area, how can we come to you and ask your opinion when the Water Advisory Committee does not have any even definite proposals, to offer you, to ask for your input? This is what we're working on. Identifying each 'of the properties in that area, what is presently contained in these properties, what uses do they have now, and then worl~ from there .for a ~ proposal wh'ich- we: :can give to you'and ask for your input into such a proposal.~. So this is before it would come to the Town ~3oard-for a hea~ing or anything else. This ~ould go--when we have the proposal in place, to first go to the property owners and find out their feelings on Jt.~"--Obes it meet with their approval before we even propose it to the Town Board for a-Local Law. COUNCILMAN PENNY: They meet once. a month. Their meetings are open to the public. As a matter of fact we have two openings right now. We've advertised for resumes to fill them. And I feel it would be important' if a member of the farming community Were to become a member of the Water Advisory Committee and they could directly participate in the formulation of these Town policies, and they wouldn't get the' feeling, the same as t'J~;:Orien~ people are, that bureaucracy is putting them second, and I agree with you on your fe~ling that you've gotten from this and this is the same feeling of ex- asperation that the Orie~ community is getting. They simply ask to clear up from Why..don't you come and meet with the Water Advisory Committee? 85 MARCH 8, 1988 the DEC what their policies are. They don't care if the DEC buys their land or doesn't buy their land at this point, they don't want to, but that's not the question. The question is if their property is taken away from them by one means or another, what are the restrictions and restraints that they're going to have to live with for the rest of their lives. That's all they've asked, and this has been denied them. And I think there's a perfect opportunity for you to participate, or members of your farm community, to participate in the formulation of these policies so you don't feel like outsiders here in your own Town. MARTIN SIOOR: Thank you. SUPERVISOR MURPHY: Try to--Martin,if you would, as George said, or someone who you .feel would represent the farmers well, put an application in. You've got another week or so, and it's a very simple--"l would like to serve on it, and here's. how I qualify: I'm~ a landowner in Southold." Whatever. Okay? Anyone else in the middle like to~comment? (No response.) On the right? {~No response.) Anyone else? (No respon~e.) If not I think a motion to adjourn is in order, and I'd like to thank everyon~for coming, in particular Oimension Cable. Thank you. Moved by CounCilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVEO ~that this Town Board meeting be and hereby is ~djourned at 9:05 P.M. Vote of the Tow ni~Board: Ayes: Councilwoman Larsen, Councilwoman O liva, Council- ~an Penny, CounCilwoman ~ochran, Justice Edwar~ds, Supervisor Murphy. This resolution w~,~ declared duly AOOPTEO. Southoid Town Clerk