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HomeMy WebLinkAboutTB-12/29/1987464 SOUTHOLD TOWN BOARD 'DECEMBER 29. 1987 WORK SESSION Present: Frank A. Kujawski, Jr., Deputy Supervisor, Justice Raymond W; Edwards, Councilman Paul Stoutenburgh,' COuncilman James A. Schondebare, Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Town Clerk Judith T. Terry. [Super- visor Francis J. Murphy., ill with a baCk injury, arrived at 2:00 P.M.) 9:.30 A.M. - For Discussion 'Items: (1) Letter from Walsh Park Benevolent, Fishers Island, requesting (a) a waiver of the fees for the affordable housing project~, and (b) request that the Town consider purchasing a portion of their property?.with the recently, approved preservation moneys. The Board wil,! C°nSide~ Waiving'the fees upon receipt of proof that the walsh Park BenevOlent is non-profit. The ~i~ur.chase of a portion of the property will be considered. (2) Letter from 'Charles Rs Cuddy, attorney for Joseph S Judy Lizewski, Village Commons., Cutchogue, requ~esting the waiver of the additional fee for the extension of.their building permit,' Executive Administrator Lessard advised the Board that their permit was for 18 months, with a six month extension to December 24, 1987. They have never applied for a new permit~ Town Board agreed not to grant a waiver of the.~ fee. (3). Transmittal of the executed option for the development r. ights of the Joyce Terry property, Orient. Public hearing scheduled for January 19, ~988 (see resolutions 13 and 14). ~4] · Letter from E~ic Bressler, attorney ~or North Fork Bank & TrUst Company c°hcerning the applicability or.the alarm law to-the bank. Also received by the~Town Clerk, seven applications from the bank's security officer ~deleting certain pertinent informa- tion. Board agreed, to waive the submission of the location of the alarm systems at the var, ious branches of the bank, but requires the 524.00 fee for each location. [5) Letter from Cummings & Lafayette, P.C. concerning lead agency declaration for the Fishers Island solid waste incinerator. Board agrees the Fishers Island Garbage and Refuse District should make the desiqnation, not the Town Board. EXECUTIVE SESSION 10:30 A.M. - Town Board discussed personnel with Planner Valerie Scopaz. 10:50 A.M. - Work Session reconvened. Councilwoman-elect Ellen Larsen request the Town Board's support of the Trustees' designation of Cricitical Environmental Areas within the Town of Southold [see resolution no. 17). Board included in their proposed resolution a request to the Town Trustees to create a map depicting the designated areas. 11:15 A.M. - Board reviewed resolutions for the regular meeting, and audited bills. 12:05 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened. Supervisor Murphy and Acting Town Attorney Yakaboski present. Discussion relative to the issuance of a new Certificate Of Occupany form. Attorney Yakaboski submitted a form he had drawn up and the Town Board placed a resolution on the regular meeting, agenda (no. 18) directing the Building Department to use Mr. Yakaboski's form in the future. 2:50 P.M. -Supervisor Murphy urged the Town Board to appoint an Assistant- Town Attorney - his choice would be Robert Berntsson. Th~ manner of appointment was discussed - title~ would a local law be necessary~ would the position fall under civil service regulations? Acting Attorney Yakaboski recommended appointing a Town Attorney first and then consulting with the Town Attorney for hi~ recommen~iation with respect to a deputy or assistant. Councilwoman Cochran and Councilman Penny agreed the Town Attorney should be appointed first, or at least deal with both appoint ments at the same time. This matter will be addressed at the Organizational Meeting on January 4th. 3:10 P.M. - Work Session adjourned. DECEMBER 29, 1987 REGULAR MEETING 3:15 P.M. 465 A Regular Meetin~t of' the Southold Town Board was held on Tuesday, December 29, 1987 at the South(~ld Town Hall, Main Road, South°Id, New York. S~pervisor Murphy opened the meeting at 3:t5 P.M. with the Pledge of Allegiance to the Flag.. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman Paul' Stoutenburgh Councilman ~lames A. Schondebare Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry SUPERVISOR MURPHY: It's nice to have an afternoon meeting, even tkiough it's the last meeting of the year, right, Jean? COUNCILWOMAN COCHRAN: Right, Frank. SUI~iERVISOR MURPHY: And I notice the attendance is just about the same. COUNCILMAN SCHONDEBARE: Yes, it really hasn't changed. The same faces. And I think you for accommodating me over this period of time for those evening meetings, because I had a hard time making the day ones. SUPERVISOR MURPHY: You did well. Okay, the first is a resolution approving the audit of today. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund WhOle Town bills in the amount of $38,320.44; General Fund Part Town bills in the amount of $1 6, 684. 78; Highway Department bills in the amount of $16, 131.95; Fishers Island Ferry District bills in the amount of $7,384.49; Agricultural Lands Capital Account bills in the amount of $3~868.40; Fishers Island Sewer District bills in the amount of $127.00; Computer Capital Account bills in the amount of $1,571.00. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards. Abstain: Supervisor Murphy-(was not present for the audit). This resolution was declared ADOPTED. SUPERVISOR MURPHY: Approval of the minutes of December 15, 1987 Town Board meeting. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the minutes of the December 15, 1987 Southold Town Board Meeting be and-hereby are approved. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for the Organizational Meeting, Janaury 4th, 3:00 P.M., and a Regular Meeting on January 5th, Tuesday, at 7:30 P.M., Southold Town Hall. I offer that. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the following Town Board meetings are hereby scheduled: Organizational Meeting, 3:00 P.M., Monday, January 4, 1988, Southold Town Hall, Main R~ad, Southold, N'ew York; Regular Meeting, 7:30 P.M., Tuesday, January 5, 1988, Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Just[ce Edwards, Supervisor Murphy. This resolution was declared du y ADOPTED. i. REPORTS. SUPERVISOR MURPHY: Moving on to the first item on the agenda, Reports. I. Dimension Cable Services subscriber compaint letters - November, i987. 2. Employee Benefit Time Report - November, 1987. 3. Councilmen's Reports. I'd like to-ask the Councilmen if they have anything to report at this time? George? 4:66: DECEMBER 29, -1987 COUNCILMAN PENNY: The Town Board, the Water Advisory Committee and l~he Farmland Advisory Committee and the Planni~ng Board met on the Critical Watershed Area, and also discussed at that time was the acqusition of a 30 acre parcel in Cutchogue which comes as a real windfall to us. We have some developers that are very interested into getting into the program with the Town. And we also had a follow-up discussion on land .USe col~t~'oi~ and the concensus seemed to be to use clustering and possibly consider TDR's. And that's all. Thank you. SUPERVISOR MURPHY: Paul, a final? COUNCIl_MAN STOUTENBURGH: Nothing. SUPERVISOR MURPHY: Nothing final to say? COUNCILMAN STOUTENBURGH: Not a thing. SUPERVISOR MURPHY: Okay. Raymond? JUSTICE EDWARDS: No, not much, Thank you, Frank. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: Nothing, thank you, Frank. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: We had a Rec meetinq on the 21st. It was just to update--bring people up to. date and share some ir~formation with them. That's about it. SUPERVISOR MURPHY: Okay, the only thing I have to add is to what George has said. Paul was at that meeting also and it's a very good program, and it looks like it's going very well. The possible financing, we did have one meeting already, and we hope to have a combined Local Law for the six east end towns on the land transfer tax to be ready aFound the 15th of the month, to have one that we will not have a one-house bill again. That it will be one that the Assembly and the Senate agree upon before hand. So we're working on that. Also I did meet on behalf of Dr. Barry Commoner, and representatives from East Hampton and Greg Blass on a county-wide program on the irecycling program that was done, to how it would fit in and what the needs would be from the results for East Hampton. It's strictly mathematical figuring out number Of. bodies and all that. Looks like he might get the grant from a private foundation-the North Fork Universalist Church. They give out about eight million dollars in grants a year, that's how wealthy they are, if you can imagine. PUBLIC NOTICES. SUPERVISOR MURPHY: There are two public notices, and they're posted on the Town Clerk's Bulletin Board. 1. New York State Department of Environmental Conservations. Notice of Complete Application. of Murray Schlussel to construct three single family dwellings and septic systems with a 15 ft. variance (on.average) to tidal wetland setbacks for dwellings is requested. Location: Eugenes Creek, Cutchogue. Comments by January 8, 1988. 2. New York State Department of Environmental Conservation, Notice of Public Hearing on application of David Merz to construct 150 feet of new bulkhead, return and place fill.. Location: Sterling Basin, Greenport. Hearing: February 5, 1988, 10:00 A.M., Greenport Village Hall. II!. COMMUNICATIONS. SUPERVISOR MURPHY: There is one communication from'the Mattituck Lioness Club thanking the Town for assistance at their October Harvest Fair. IV. PUBLIC HEARINGS. (None) V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to resolutions. I think everybody here knows our policy, but if not, anyone can speak at this time on any proposed resolution that we have. Later on anyone can address the Board on anything that concerns them. So anyone here like to comment to the Board on a proposed resolution? (No response.) Hearing none, moving on to the first resolution. 1.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of the H2M Group to provide 1988 Engineering/Analytical Services for the Southold Scavencjer Waste Treatment Facility on a per diem basis not to exceed $24,500~.00- :';,~Lil;:;:!,.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. DECEMBER 29, 1987 SUPERVISOR MURPHY: Number 2 is to amend ~ prior resolution. 467 2.-Moved by Supervisor~Murphy, seconded 10y Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 14, adopted on November 5;_:1987, appointing Marie Helinski as a Bookkeeper for the Supplemental ..Nutrition. Assistance Program, to read: "Marie Hel[nsk[, part-time Acc(~unt Clerk, 3 hour§ per weekend, $5.00 per hour". . 2.-Vote of the'Town Board: Aye$~: Councilman Penny, Councilwoman Cochran, Counci:Iman Schondebare, Councilman Stout'enburgh, Justice Edwards,' SUpervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to encumber funds from the General Fund W hole Town. RESCINDED portion of following by Resol. #3 on December 5, 1988 3.-M0ved by Councilwoman Cochrar~, seconded by Justice Edwards, it was R~ESOLVED that the Town Board Of the Town of Southold hereby authorizes the encumberance of the following funds to the General Fund Whole'Town 1987 bud~let: A7520.4 Historical Properties $2,900.00 (Landmark Preservation Committee publication of "Hofw Old Is Your House") A7320.4 Joint Youth, Contractual.Expenses $ 611.00 (Recreation Department - undelivered basketball goals, pool ball sets) ~ A8510.4 STOP Program, Contractual Expenses $8,000.00 "'~- (Hazardous Waste building at Landfill, to be delivered in early 1988) A3610.4 Examining Boards, Contractual Expenses $ 921.00 (Pamphlet publication for Conservation Advisory Council) 3.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. . SUPERVISOR MURPHY: Number 4 is to authorize the installation of a street light at County Road 48 and Hortons Lane, Southold. I offer that. 4.~Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board Of the Town of S0uth01d hereby authorizes Commissioner of Public Works Raymond L. Jacobs to install a street light at the intersection of County Road 48 and Horton Lane, Southold. 4.-Vote of the Town Board: Ayes: Councilman Pennyr Councilwoman Cochran, Council~ man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is a transfer of funds in the Highway Department. 5.-Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfer within the H~gbway Department 1987 budget: From: DA9010.8 Retirement $4, 280.33 Into: DA5142.1 Personal Services, Snow Removal $4,280.33 5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Ray knew the storm was coming, And Number 6 is to accept a passbook in the amount of $5,000.00 as a bond for the Soil Removal Permit for Brewer Yacht Yard. I offer that resolution. 6.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Southold Savings Bank Passbook #1~9-89756 in the amount of $5,000.00 as a surety bond with respect to the Soil Reamoval Permit of Brewer Yacht Yard at Greenport, Inc. 6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-man 5chondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 I believe we'll hold. until Tuesday (appointment of Robert H. Berntsson as Assistant Town Attorney). Number 8 is a resolution urging Dr. Koppelman to include the Southold Town Core Watershed Area in a Special Groundwater Protection Area. I offer that resolution. COUNCILMAN STOUTENBURGH: Does that include the map too? SUPERVISOR MURPHY: Yes. 8.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, Southold Town, for t.he past four years, has been studying its groundwater resources and developing a groundwater management plan; and WHEREAS, it has come to the Town Board!s attention that the state-sanctioned Special Groundwater Protection Areas Advisory Council is not considering any lands in Southold Town for inclusion in a special grounc~water protectiOn area; and WHEREAS, the Southold ~own W~ter Advisory-Committee has designed two core water- shed areas within the T°wn of Southold, between the Riverhead/So~thold! TOwn line and Southold hamlet; now. therefore, be it RESOLVED that the Town Board hereby directs the following letter be transmitted to Dr. Lee Koppelman, Chairman Of [h~ Special Groundwater Protection Areas Advisory Council:Dear Dr. Koppeiman:--Eor more than four years, Southold Town has been source of drinking water. It is therefore:~uite unsettling to.realize that the state- sanctioned Special Groundwater Protection Areas Advisory Council is not even con- sidering any lands in Southold for inclusion as a special groundwater protection area. The Town Board has requested that I write to you in your capacity as chairman of the council, asking you to reevaluate this position and to consider for i-nclusion the prime recharge areas of.Southotd Town. The Town's Water Advisory Committee has designated two .core watershed areas, one stretching from the Riverhead/Southold' Town line to Mattituck hamlet, and the other from Mattituck hamlet to Southold hamlet. Both of these areas are entered over the groundwater divide. Some of the best water quality in the town lies below these core areas.; If proper management plans are implemented and sites are acquired within this core area for future public water well fields then Southold Town will be assured that it-will always be able.to meet the needs of its ~esidents. As you are aware, it is not easy to implement'land controls on, or to acquire ownership of, desired lands for future well sites. Thei~fore, designation by the Advisory Council will be most important to the Town-'in its quest to protect or acquire these core watershed areas for water supply' purposes; The areas being designed by the Town as core watershed areas are as follow~: Area #1 From the Riverhead/Southold Town lir~e, an area:'- stretching 1,500 feet north Of~ and 1,500 feet south of, the Long Island Lighting Company 'right-of-way, eastward to the projection of Cox Neck Road on 'the west side of the hamlet of Mattituck. Area #2 From a point on Mill Lane in Mattituck, 500 feet south ~of the Long Island Railroad, along a line which is 500 feet south of the railroad right-of-way, and parallel to it, eastward to a line that runs perpendicular to the railroad right-of-way, said line being 800 feet east of Ackerly Pond Lane in Southold hamlet, thence northerly along said line until it intersects with the Long Island Light Company right-of-way, then~:e, westerly along said L.I.L.C.O. right-of-way to 'a point where it i~ter~ects. with Mill Lane, thence southerly along Mill Lane to the point of beginning. Attached, for your reference, is a map of the areas so designated as theSouthold~ Town Core Watershed ARea. We, in Southold Town, feel strongly about protecting our groundwater resources and will do whatever is necessary to get this message through to your council. The $1,750;000 bond issue just approved by the Town referendum for use in purchasing some of this land for future well sites is proof that our residents support the protection of our water resources. Your support and that of the Groundwater Protection Areas Advisory Council will reinforce the Town's action: Therefore, we hope the Council will favorably endorse our request and include these areas in the scope of their plans. 8.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 9 is to. allocate Special Revenue Sharing Funds. 9.-Moved by Councilman Stoutenbur~gh, seconded by Councilwoman Cochran, it v~as RESOLVED that the Town Board of the Town of Southold -hereby allocates Special State Revenue Sharing Funds as follows: General Fund - Whole Town: $24, 626.54 General Fund - Part Town: S10,3~3.15 9.-Vote'of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards. Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 10 is to designate Barbara Haurus, Suffolk County National Bank as Deputy Receiver of Taxes. 10.-Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara Haurus, bank officer', Suffolk County National Bank, as Deputy Receiver of Taxes for the Town of Southold, effective immediately through December 31. 1988; Mrs. Haurus to serve in this position without compensation. 10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, COuncil- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is a transfer of funds in the. Nutrition Program. DECEMBER 29, 1987 11.-Moved by COuncilman Stoutenburgh, seconded by Councilwoman Coch~-an, it was RESOLVED that the Town Board of the Town of~SoUthold hereby authorizes the following budget modification within the Nutrition Program t987 budget: To: Food ~ 7,500.00 11 12. (a) 12. (a) 12 Vehicle Maintenance Telephone Supplies Disposables Equipment (hot water heater) Fringes From: IIIB Gas & Oil D river/Outreach Kitchen Aide Kitchen Aide Assistant Site Manager D river T ravel/S taff Equipment Maintenance Bottled Gas Equipment {Van) Participant Income 100.00 100.00 350.00 2 50.00 750.00 3,200.00 $12,250~00 4,970.00 3,977.00 1,150.10 190.30 170.60 69.50 35.50 100.00 50.00 400.00 1,137.00 $12,250.00 -Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12a is a transfer of funds in the General Fund Whole Town. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1987 Budget modifications to the General Fund - Whole Town: To: A1010.4 Town Board, Contractual Expenses 310,000.00 Al110.4 Justices, Contractual Expenses 1,700.00 A1420.4 Town Attorney, Contractual Expenses 3,000.00 A1680.4 Data Processing, Contractual Expenses 1,000.00 A7180.4 Beaches, Contractual Expenses 1,250.O0 A7510.4 Historian, Contractual Expenses 350.00 A9040.8 Worker's Compensation 8,050.00 From: A1355.2 Assessors, Equipment A8160.4 Refuse & Garbage, Contractual Expenses A9050.8 Unemployment Insurance A9055.8 CSEA Benefit Fund $25,350.00 s 3,000. O0 1 4, 300.00 ~, 000. O0 6,050. O0 $25,350.00 -Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man $chondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Numoer 12[b) is a budget modification in Part Town. -Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1987 Budget modifications to the General Fund - Part Town: Revenues; To: B1560 Building Inspection Fees $ 55,000.00 B2115 Planning Board Fees 30,000.00 B2701 Refund prior years expenses 50,000.00 B3001 Per Capita 10,000.00 Appropriations: To: B3120.1 B3157.1 B3157.4 B8010.4 B8020.4 B9040.8 FrOm: B3157.2 B3130.4 B8020.1 B9030.8 5145,000.00 Police, Personal Services Juvenile Aide Bureau, Personal Services Juvenile Aide Bureau, Contractual Exp. Zoning, Contractual Expenses Planning, Contractual Expenses Worker's Compensation Juvenile Aide Bureau, Equipment Bay Constable, Contractual Expenses Planning, Personal Services Social Security $138,500.00 8,450.00 1,200.00 300.00 200.00 18,000.00 $1 66,650.00 300.00 900.00 10,450.00 10,000.00 $ 21,650.00 12.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- (b) man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.. This resolution was declared duly ADOPTED. 469 · 47I0 DECEMBER 29, 1987 SUPER¥ISOR MURPHY: Number 13 is to execute the option~on the~acquisition of the farmland of Joyce Terry, Orient. 13.-Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that :the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a Farmland Development Ric~ht Acquisit; _on - Option Agreement_ betw~en. the Town of Southold. and Jo¥ce P. Terry tor 38.5 acres of land, north and south s des of Main Road (Route 25), .Orient, New York. 13.-Voter of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to set a public hearing on the Terry Farmland Development Rights. 14.-Moved by COuncilman Stoutenburgh, seconded by Councilman Penny, ~t was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 Tuesday, January 19, 1988; Southold Town Hall, Main Road, Southold, New York, as time arid place for a public hearing with regard .to the AcquisitiOn of Development Rights in' the Agricultural Lands of Joyce P. Terry; 38.5 acres of land north and sout.h sides of Main Road {Route 25), Orient, New York. 14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman St0utenburgh, Justice Edwards, Supervisor Mur~phy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to create a Planner position. But before we do this, you know we have no money in the budget for this position. COUNCILMAN PEr, NY: Yes, we do. We have Diane's salary. Diane is leaving anld this is replacing Diane. It's a different position, SUPERVISOR MURPHY: And she's not going to ask for another person then? COUNCILMAN PENNY: A clerk typist. COUNCILMAN SCHONDEBARE: the Planning Trainee. You're going from. the Administrative Assistant to SUPERVISOR MURPHY: And she's still in school, this girl. COUNCILMAN PENNY: No, she just has to do her thesis, that's alt she's got to do. It's ali cleared with Civil Service and they've given it their blessing. 15.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board fo the-Town of Southold hereby creates the position of Planner, sets a salary of $19,500.00 per annum for said position, and authorizes and directs the Supervisor to call for a Suffolk County Civil Service Certification of Eligibles List for said position. 15.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number I6 is to appoint Melissa Spiro to the Planner position. 16.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Melissa Spiro to the provisional position of Planner, as a Planner Trainee, effective January 11, 1988, at a salary of $19,500.00 per annum. 16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is a resolution supporting the Trustees' designation~i?i~ of Critical EnvirOnmental Areas., 17.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record in support of the Board of Town Trustees' designation of Cricital Environmental Areas within the Town of Southold, and requests the Town Trustees to create a mao deoictinQ the desiqnated areas. COUNCILMAN PENNY: This is strictly the Trustees? COUNCILWOMAN-ELECT ELLEN M. LARSEN: This is strictly the Trustees. SUPERVISOR MURPHY: This is fresh water? DECEMBER 29, 1987 COUNCILWOMAN-ELECT LAt~SEN: No, tidal wetlands. The area e--public ne· arlngs' were held in July, August and September consecutively, and they were~ ~based on the significant coastal fish habitats within the Town, so we've just put critical area designations on those undeveloped parts of the significant habitat ar~eas - given a Type I action throughout the state. COUNCILMAN PENNY: And tt~e Trustees ~crannot~ go beyond 75 feet from wetlands. That's where it automatically stops. COUNCILWOMAN-ELECT LARSEN: Yes, t.hi'~ area is contiguous to. Would apply to areas contiguous to. COUNCtLMANSTOUTENBURGH: I don't think that's the way. it's worded. COUNCILWOMAN COCHRAN: No, I don't think so either. COUNCILMAN STOUTENBURGH: It's worded ' "contiguous to". COUNCILMAN SCHONDEBARE: Or "substantially contiguous to". COUNCILMAN PENNY: Can we give that authority, to the Trustees? DEPUTY SUPERVISOR KUJAWSKI: No, no, that's'not it. The Trustees still retain the same authority, it's just Type 1 for an application within the Trustees jurisdiction. If your property Is contiguous to it that is going to make a Type I action. COUNCILMAN PENNY: Whether you're within 75 feet or not? COUNCILMAN STOUTENBURGH: Yes. COUNCILMAN PENNY: Can we do that? COUNCILMAN STOUTENBURGH: Sure· DEPUTY SUPERVISOR KUJAWSKI: lt!s not a question of can you do it, it's a question of the way the ]aw is written. COUNCILMAN PENNY: We're broadening the scope of the Trustees jurisdiction is the way I read that. COUNCILWOMAN-ELECT LARSEN: No, we wouldn't have jurisdiction anywhere other than where we have it now, and this is only going to be the critical environmental areas is only going to apply to the underwater lands that the Trustees have juris- diction over. Actually it's not going to apply in the Wetlands Ordinance, it's only going to apply to areas contiguous to the underwater lands that are inc|uded in it. So we have jurisdiction 75 feet anyway~ The DEC has jurisdiction 300 ,feet anyway, so this is just going to automatically set a Type I action, except that moorings will be exempt. Most of the,areas are undisturbed tidal marshes. COUNCILMAN STOUTENBURGH: I think what Frank is saying is the key to the whole thing, that anything that's contiguous to this area that the Trustees have jurisdiction over must have a class l--Type I action. COUNCILMAN PENNY: I really think we ought to hold up on this, COUNCILWOMAN-ELECT LARSEN: We can do it anyway. We can send a. letter to Albany tomorrow if we want. All we're asking to do was to get the Town [3oard's support on this. From our understanding most areas of Long Island are including more and more areas that they want looked at. It doesn't take anybody's rights away, it just says--and if you read I believe in the Critical Environmental Areas it states that it is not an absolute necessity that a Long EAF be completed. It's just going to type it as a Type I. COUNCILMAN SCHONDEBARE: We went through this the last time With this Critical Environmental Area, and in reading the, law on it, ail it does is trigger a Type 1. It didn't even call for a DEIS if I remember correctly. It seems to me to be awful weak. I always thought that if you're going to do a Type I that a DEIS should be mandated. It doesn't call for that. It's a little misleading. It's not that stringent at all. I have no problem with it. COUNCILMAN PENNY: What is going to happen now when you have parcels of. property, strip parcels that run down say close to Hallocks Bay. Now let's take somebody like the Lathams and they want to build up-alongside the road. Automatically this trigger--when they go in to get a building permit, which would be a normal thing right now--the Building Department is going to say, "Wait a minute, you've got to file an Environmental Impact Statement on this." COUNCl LWOMAN-ELECT O LIVA: No,you don't. Not an Environmental Impact State- ment, George. An Assessment Form, but not an Impact Statement. Two different things. Just the Assessment Form. DECEMBER 29, 1987 DEPUTY SUPERVISOR KUJAWSKI.: Depending on 'what they want to do, Form may reqUire them subsequently .... the' Assessment COUNCILWOMAN-ELECT OLIVA: But you don't have to do that initially. COUNCILMAN SCHONDEBARE: They don~t have to the DEIS at all., Just the two pages that we have here. COUNCILMAN STOUTENBURGH: If the guy's building 75 feet.or 100 feet alo~ngside the marsh, then maybe would ask for a DEIS. DEPUTY SUPERVISOR KUJAWSKI: What it will do, it will help you with those routine type of things that go through the bureaucracy and never get picked up:~ COUNCILMAN SCHONDEBARE: It's a red flag. COUNCILMAN PENNY: It's a red flag if somebody picks it up. COUNCILMAN SCHONDEBARE: That's why I'm looking for a map. SUPERVISOR MURPHY: Well, it's a little better chance of being picked up,~ Okay, any other_ questions on it? Vote on Resolution No. 17. 17.-Vote of the Town Board: Ayes: Councilman Penny~ Councilwoman Coch~an, Council~ man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Mulrphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to ~U~horize the Building Department tO use the next Certificate of Occupancy form as prepared, by the Town Attorney. 18.-Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED 'that the. Town Board of the Town of Southold hereby authorizes and directs the Building Department to be~in issuain~ a new Certificate of Occupancy- form as prepared by the Town ATtorney, and which shall read in part as fol~lows: "YOU ARE HEREBY' NOTIFIED that the above referenced lot may be built upon only after the issuance of a building permit and compliance with the following require- ments of the Town and the rules and regulations of such additional state and; county agencies or regulations thereof that may be applicable. 1. That the lot is heid in single and separate ownership and has been, so held prior to the adoption of any amendments to our Town zoning ordinance which may have increased the requirements for tot with or area, or have amended ~f~ront, side, or rear yard set back requirements. 2. That if this lot is situate within an approved subdivision that all necessary road, drainage, and other required improvements have been completed in accord with the rules and regulations of the Planning Board and those of the Highway Depart- ment of the Town of Southold. That the lot received Health Department approval as to water and septic systems. 4. obtained. 5. 6. That the Department of Environmental Conservastion approval has ,loeen That the Board of Trustees approval has been obtained. That the Board of Zoning Appeals approval has been obtained. YOU ARE FURTHER NOTIFIED that this Building Department has made 'no independent determination as to the applicability of any one or all of the abo,~e in issuing this vacant lot certificate of occupancy." 18.-¥ote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Mu,rphy. This resolution was declared dUly ADOPTED. SUPERVISOR MURPHY: Okay, no other resolutions. I wonder if you could give us an account, Judy, of how many resolutions these two people have passed in their four years or worked on, .just to give them some idea of the paperwork they generated~ TOWN CLERK TERRY: A lot. I~ll have to put that on my computer. SUPERVISOR MURPHY: Okay, Jean, you would like to make the one presentation for Jay, and then we have another one for Paul. 19.-Moved by Councilwoman Cochranf seconded by the Entire Town Board, WHEREAS, JAMES A. SCHONDEBARE, a mo_st esteemed official Of the Town of Southold is retiring from his position of COUNCII~IAN on December 31, 1987; and WHEREAS, JAMES A. SCHONDEBARE has given generously of his time and t~lent in his faithful, service to the residents of the Town of SO~thold as COUNCILMAN s.nce January 1, 1988; and WHEREAS, COUNCILMAN SCHONDEBARE'S record of fine service, diligence to ~uty and dedication to the Town of Southold deserves the sincere gratitude of those with whom and for whom he has served; and WHEREAS, the Town of Southold will be deprived of his wise counsel and judgment as COUNCILMAN; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses its most sincere appreciation to JAMES A. SCHONDEBARE for his unselfish and wholehearted cooperation and untiring efforts on behalf of the Town, and extends their best wishes for the years ahead; and be it further RESOLVED that a copy of this resolution be presented to COUNCILMAN SCHONDEBARE and entered in the permanent records of this Town Board meeting. 19.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man 5chonc~ebare, Councilman Stoutenburgh,, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED, COUNCILMAN SCHONDEBARE: I wish the new in-coming Town Board many, many hours of pleasure together, and I hope there's a lot of compromising and giving on everyone's part so you can get something done in the next four years. SUPERVISOR MURPHY: Thank you, Jay. Here's the replica of the Town Seal, and it will say "In Appreciation to Councilman Jay Schondebare, January 1,- 1984 to December 31, 1987." You can put this in your office or bring it home and always remember us. We have a resolution for Paul also. 20.-Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS. PAUL STOUTENBURGH,a most esteemed officiai of the Town of $outhold is retiring from public service on December 31, 1987; and WHEREAS. PAUL' STOUTENBURGH has given generously of his time and ta;ent in his faithful service to the residents of the Town of Southoid as COUNCILMAN since January 1, 1984; and WHEREAS, COUNCILMAN STOUTENBURGH'S record of fine service, diligence to duty and dedication to the Town of Southold deserves the sincere gratitude of those with horn and for whom he has served; and WHEREAS, the Town of SOuthoid will be deprived of his wise counsel and judgment as a COUNCILMAN; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses its most sincere appreciation to PAUL STOUTENBURGH for his unselfish and wholehearted cooperation and untiring efforts on behalf of the Town, and extends their best wishes for the years ahead; and be it further RESOLVED that a copy of this resolution be presented to COUNCILMAN STOUTENBURGH and entered in the permanent records of this Town Board meeting. 20.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Paul, congratulations. COUNCIL~IAN STOUTENBURGH: I'd like to echo Jay's remarks about the future Board, and the good work they will be doing and hopefully cooperation among every- one. SUPERVISOR MURPHY: And here, Paul; not to be outdone, here's your Seal. And Jean, I think you have a couple more? Paul, and here's a little something else that we have for you. and for you, Jay. (Councilman nameplates framed.) I echo every- one's sentiments to you two. It certainly was a pleasure working with the two of you over these last four years, and I think we accomplished much. We had some good times. We had a little wild times at times, but they were always in the spirit, I think, of serving the people. I thank you two for your dedication for the last four years. I think the two you have done a magnificant job and the people of Southold, I'm sure, thanks you the way we do. Is there anyone else who would like to address the Town Board? Town Board members? Anyone in the audience? (No response.) If not, a motion to adjourn and wish everyone the best of health and happiness for, the New Year. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 3:55 P.M. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.