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HomeMy WebLinkAboutTB-09/24/19853¸3 SOUTHOLD TOWN BOARD SEPTEMBER 24, 1985 WORK SESSION Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr., Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Cochran,.Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker. 9:00 A.M. - The Board discussed For Discussion Item 1, a letter from Walter J. Orlowski~ representative of the MONY F~mily of Financial Companies~ requesting an appointment to meet with the Board concerning a Deferred Compensation Plan with a life insurance feature. Item ~ - .Environmental Assessment for the John A. Costello change of zone petition. (see Resolution No. 28). 9:15 A.M. - Commissioners John Lademann~ Anthony Blados and Robert Kull and Chief Robert Fisher of the Cutchogue Fire Department, along with Deputy Superintendent of Highways Raymond Jabobs met with the Board to discuss the Fire Department's recommendations for improving fire/rescue incident control at the Town Disposal Area due to the recent methane fires. The recommendations pertain to additional supply of water, permanent lights on poles to illuminate the area for night operations, sufficient lights on the machines for night use, finish the modification of the existing well, some type of venting system to eliminate the entrapped methane, start to divide the disposal area into cells, supply machine operators with breathing packs, efforts to provide materials to control the fire and provide access for fire fighting equipment. Deputy Superintendent of Highways Jacobs assured the Cutchogue representatives and the Town Board that almost all of the-requests are in the process of being accomplished. The Board will review this situa'tion again at their October 8th Work Session. 9:50 P.M. - Bob Wojczak, Account Executive, AT&T Informations Systems, accompanied by :John Rice~ Computer Cottage~ Mattituck, met with the Board relative to a proposal for the Merlin Communications System for the Town Hall. Mr. Wojczak demonstrated the Merlin 3070 which is the most state-of-the-art electronic telephone system on the market in his estimatlion. His proposal for the installation of 46 sets in Town Hall is $26,764.00 with first year maintenance free. Mr. Wojczak was asked to determine if this system is on the State Bid List so the Town would avoid the bid process if they should decide to purchase it.--Mr. Rice then spoke to the Board about his proposal, working with AT&T, for the installation of the 3B2/300 Computer, a UNIX based multi-user computer system, in the Town Hall. He envisions three separate systems tieing the Building, Zoning and Planning Departments together, Supervisor, Town Clerk and Accounting Departments, and a system for the Justices. -This system encompasses word processing, filing, spreadsheets, memory, peripherz and applications. Mr. Rice is currently putting together a package which he estimates in the area of $110,000 for installation of the system, not including maintenance or data entry clerk employees. This system is on the State Bid List. He will be presenting his entire proposal to the very near future. 10:30 A:.M. - Abigail Wickham~ Attorney~ representing Richard Mohring, owner oil Highland Estates, met with the Board to discuss the dedication of the highways in-Highland Estates Subdivision~ Cutchogue. She presented the Town Clerk with the dedication documents and stated everything is order with the exception of a needed waiver to eliminate the turnaround on Spur Street where it abuts the Catholic Church property. Councilman Townsend said he would schedule a meeting of the Highway Committee with Superintendent of Highways Dean to discuss this matter. SEPTEMBER 24, 1985 10:40 A.M. - Mrs. Ann Dixon~ Administrator of the Eastern Long Island Hospital, appeared before the Board to advise them that their visit from Mrs. Frederick Rich at the September 10th Work Session was premature in her solicitation of 'funds for ELIH to begin operating a nursing home unit. Mrs. Dixon explained that the area is question is presently the acute care section, which does not have the required ~quare footage for a nursing home unit. She is'presently working with the HSA for a study of this proposal, but this requires considerable time and paperwork, and the only way she can forsee .this type of a unit would be' ~hrough a major building fund project and the hospital is presently deeply in debt and su&h a project is not feasible. Mrs. Dixon thanked the Board for their interest and concern and will k~ep them updated on the hospital's prog~:~s lO~B A~M~ - Robert Webb~ President of SEACOM to lnau~re if Attorney Wallace Duncan has been approached to meet with the Board concerning the legal approach to the establishment of an municipal electric district. Supervisor Murphy stated that Greenport Superintendent of Utilities Jim Monsell advised him that Mr. Duncan will be in touch with the Town Board shortly. The Board agreed that the Supervisor should contact Mr. Duncan and arrange a.~meeting with the-Board. Mr. Webb informed the Board that SEACOM is sponsoring a public informational meeting, with guest speaker Assemblyman Sawicki, at 7:30 P.M., October 24th at the Peconic Center, and requested the Board's attendance.--Justice Edwards recently returned from a power convention at Lake Placid, which he found extremely informa- tive. He met with Wallace Duncan there and said it would be very worth- while to bring him to Southold. 11:00 A.M. - For Discussion Items: (3) Supervisor Murphy proposed a reduction in the fee for the demolition or removal of a building from $100.00 to perhaps $10.00 or $15.00. Executive Administrator Lessard appeared before the Board and explained that this fee should be reduced~considerably. An individual is faced with a large fee for the demolition project itself and the he feels the permit at:S100.00 is burdensome. (4) Proposal for a provision in the Code relative to the operati'on of seaplanes and amphibious aircraft as requested by Chie£ Winters. The Town Clerk's Office has also been receiving inquiries from individuals contemplating a seaplane business in the Town and there are no regulations. Town Attorney Tasker will investig~ the legal requirements and draft a proposed Local Law for the Board's consideration.--Executive Administrator Lessard also spoke to concerning State regulations for woodburning stoves and he should be required and C.O. issued after inspection to prevent the from being liable. (5) Request from the Southold Town Promotion ee for payment of two invoices for advertising-S196.00 and printing-S318.95. Supervisor Murphy recommended that their funds be reserved for'the informa- tion center buildin~ which is out to bid, at Laurel. The Board agreed that considerable funds are needed for this, but the Promotion Committee was committed $3,000 in the 1985 budget and the invoices should be paid. (6) Letter from Stype Brothers Real Estate, Inc. offering their services, at a nominal fee, to appraise Town buildings to assure they are not under- insured. Since Val Stype & Sons carries the Town's insurance in this area it is the Board's feeling they have an obligation to conduct this appraisa~ or survey without charge as part of their responsibilities. (7) Superviso] Murphy's recommendation that the Town purchase a second water machine and perhaps install it at the Greenport Village Utility Plant. This did not meet with the approval of most members of the Board and Councilman Townsen( said he would speak~to the Village about purchasing their own machine. (8) Date for interviews of'applicants for the Economic Advisory Committe~ This date will be arranged by the Supervisor's Office and Town Clerk and Board members notified. (9) Letter from Dimension Cable Services inform- ing the Town Board that they are proposing to purchase local television production equipment from the franchise mandated list during the month-'~ of September and submitted a list of equipment for the Board's perusal and suggestions.(10) Letter from Born Realty Co. offering 29 acres of land west of the landfill site for sale ~o the Town at a price of $12,000 per acre. Councilman Townsend suggested this parcel might be a good candidate for the Farmland Program waiting list as several previous offers have been withdrawn. He will follow-up on this proposal. (11) Letter from the Mattituck-Cutchogue School District request Town officals to participate in a Special Assembly on October 1st at~9:45 A.M. All officials will be notified and as many representatives as possible will be present. (12.) Letter from Town Justice Frederick J. Tedeschi request- ing that his office door be converted into a Dutch-type door for security and privacy reasons. The Board agreed and the modificatiofi will be made as soon as possible. 11:40 A.M. - Mr. Frank Sinnot~ Chairperson of the C.R.O.P. Walk Committee, met with the Board to receive a special Proclamation whereby-the Town Board declared Sunday~ October 20, 1985 ~o be Crop Walk for Hunger Day SEPTEMBER 24, 1985 35 in Southold Town. Mr. ~lnnot~ex~lne~ that ~14,000 was raised last year during ~his event and th~i~thelr'l~Oal is $25,000. Eighty-five cents out of every.dollar goes to recipients who are not just provided relief, but local people are helped to better produce their own food. This organization, associated with the Church World Service, supports CAST, the Nutrition Center, purchases and repairs vehicles for the Long Island Cares gleaning program for Long Island Outreach, and the Long Island Council of Churches food pantry, as well as many countries throughoub the world. 12:15 P.M. - Supervisor Murphy brought up for discussion his suggestion thkt a public informational meeting be scheduled on the airport report. At the suggestion of the Board he was asked to contact Foster Beach o~ the Department of Transportation, to insure that this meeting, which jeopardize the~Town's funding for the airport study. (Supervisor Murphy, throughout the remainder of the day attempted to reach Mr. Be~ch., bur was unable to reach him, therefore an information meeting was not scheduled~) 12:30 P.M. - Mr. James Bitses spoke to the Board about the pqssibility of the Board adopting a resolution establishing a Southold E~ectric Authority, which-authority would have no powers.other than to apply for megawattage. He is of the opinion that ~such a measure would give them strength in dealing with PASNY. 12:40 P.M. - Recess for lunch. 2i15 P.M. - The Work Session reconvened and the Board reviewed agenda resolutions, with considerable emphasis on V-3, water districts, and V-28 the Costello environmental assessment, Mr. Costello being present during this discussion. 3:15 P.M. - Work Session recessed to convene the Regular Meeting. To reconvene the Work Session to complete the audit following the meeting. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday~ September 24, 1985, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 3:15 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean-W. Cochran * ~* * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: The first order of busines~ is a resolution to approve the minutes of the September lOth, 1985 meeting. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the minut~ of the Regular Meeting of the Southold Town Board held on September 10, 1985, be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I'd like one to set the next meeting date as October .8, 1985, 7:30 P.M., Southold Town Hall. Moved by Council$oman Cochran, seconded by Justice Edwards, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7:30.p.M., Tuesday~ October 8, 1985, at the Southold Town Hall, Main Road, Southold, New York~ Vote of the Town Board: Ayes: Cou~cilwoman~Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwayds, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 6 SEPTEMBER 24, 1985 I REPORTS. SUPERVISOR MURPHY: Moving on to the first item on the agenda, Reports. These reports, for anyone's information, are on file with the Town Clerk. 1. 2. 3. 4. 6. Dimension Cable Services, August complaint letters. Town Justice Price - August, 1985 monthly report. Town Justice Edwards - August, 1985 monthly report. Police Department's Augus~ 1985 monthly report. Southold Town Recreation Department - monthly report. Councilmen's reports. 1At this time I'd like to ask the Council- men if they have anything special to report, starting with Judge Edwar~ the opportunity to go up t6 Lake:Piacid On the-Munic'ipal Electric AssoCia- tion's seminar.. Extremely good information. I think it will be a help - to the SEACOM group here and also the possibility of us obtaining municipa~ etectric~on Fishers Island. It was a very educational and worthwhile stud~ Thank you, Frank. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Yes. I attended the Chamber of Commerce meeting, the Board Committee, which I'm sure Chairman Schondebare will repor~ on. Also we had a meeting with Greenpor~ in relation to water. I also attende( the Affordable Housing seminar at the Peconic Center and found it to be very informative. I'd like 'you to know that our Recreation Program is well and alive. We've had a great response to two of the particular planned activities. The Flower Show, which is happening on October 16th, this was open to all seniors in the community and many were delighted that they could have the opportunity to take part in something like this and not have to be a member of one of the senior clubs. They've got 48 going and they've got a waiting list of 25. In addition the trip to the Bronx Zoo they're working on a second bus for that also, and that's a family type recreation program. So I'm happy to share with you that we are moving along on that also. That's it, Frank. ~ SUPERVISOR MURPHY: Thank you, Jean. Paul? COUNCILMAN STOUTENBURGH: Yes, I attended that Affordable Housing meeting also at Peconic, but I'd just like to repor~ to the public a little bit about the results of our STOP Program, Stop Throwing Out Polluta~nts, a~.~ the newspapers here would--b~ g~-~ ~-~ 'know that our questionnaires .said that you ranked the highest of all as far as how people learned about this program, so you can see how nice a job you did for us and we surely appreciate it. We had about 105 people and fliers were second in our-- the fliers we handed out came in second as far as how people found out about it. Most people wanted to have it as an annual event, abou~ three to one. The other one-third wanted to have it semi-annual, but I think once a year would be probably enough. The type of pesticides was the largest number of as far as what they brought in, bringing in pesticides. Paint products, ~nd then the third one was cleaning products. W~ also had automotive, pool chemicals, weed killers and 32 people brought in others, which were a variety of different things. How about how far people came to this. Seventy-four people came from within five miles, 23 people came between 5 and 10 miles away, and 8 people came more than ten miles, that must be out in the end of Orient. Most people, all but two, were satisfied with our Landfill setup and the only two dissending votes were a problem with our local schools. We had them come in at the wrong time. If we had had them come in the afternoon when we weren't rushed,, we wouldn't have had a hang-up, but they came in with school toxic n~aterials and by pratically the van load and it really plugged u~-~,'~ up and we had a little problem in the very beginning, but outside of ti the thing ran quite smoothly. I want to thank my committee, v~hich Jearr~ was one of and very helpful. We did a terrific job of getting rid of materials that were sitting on people's shelves for years and years and the variety, you just can't.:believe what came in ~o that Iandfill. We had about 35 drums, 55 gallon drums, of 5oxic material taken away to landfills, monitored landfills, licensed landfills in Ohio and in Maryland We had a chemical pollutan~ control company.come from Islip at a cost to the Town in-the'neighborhood of $7,600.00 for this service and the Town Board feels it'S-well'worth money spend because the problem--if we didn't take care of_it we'd only have to be taking care of it later on in filteri our waters. So we had nothing but good comments and I just want to give that report. They think it's a grea~ program. SUPERVISOR MURPHY: Thank you, Paul. It was a good program,.very good program. Joe? COUNCILMAN TOWNSEND: Yes, in addit~o~ to STOP Program and Cqm~_erc~ and Industry meeting, which you ll-~'~e~'rlng~more about, and the joint meeting of Greenport and:Town, which I think.nobody's reported that it will become at least a quarterly event. It's felt that we could all stand some better communication and we're going to try to meet every other month or every third month or so just to straighten out issues that occur between the Town and the Village. I also attended the Housing Seminar, which was not as well attended as it should have been. There were six speakers and all of them were very, very well informed. I think they're going to be holding more and I would encourage the public to attend those. We had meetings of my two committees, the Farmland Preservation Committee. We're trying to get specific metes and bounds of the property that the farmers want to hold out of their applications for the Town to purchase. We have to more properly describe the property they're holding out of the land--th~£~rm~r~ are givl~ ~ ~ Towi~ ~O~ developm~nt"~ightc con~±~crn tion. I think at the next Board meeting we'll have the complete list of those people that are going to be selling development rights to the Town and we'll put it on the agenda for a public hearing. The Landfill Committe met also. We're going to put some equipment on the paytq~der and the bulldozer to protect the operators at the landfill from ~he gases and smoke that they've been running into lateIy. This can allow them to work within those conditions for several hours at a time. It's an investment I think that's well worth the money in terms of its safety and productivity We're also getting some lighting to safeguard those people that have to be up there at night in case of a fire and so forth. Last night the Superviso and I participated in a old-fashioned political debate. I think it was informative and I found it more fun that I thought it would be. That's all I have, Frank. SUPERVISOR MURPHY: Thank you, Joe. Jay? COUNCILMAN SCHONDEBARE: Yes, Frank, thank you. We received approximately thirteen resumes on the EconOmiC Advisory COunCil. There's five positions and they're very impressive resumes. They're in the Town Clerk's Office if you want to take a look at them. Associate Professor of'Economics, etcetera, chairman of the board of this , chairman of the board of that. Very, very interesting group and I think it's going to be kind of hard to narrow it down to five individuals, but we'll try to do that. The date. for the interviews will be set some time this afternoon. That's the result of the Commerce and IndUStry committee 'me, tings that we've been having. ! was with Joe up at the L~ndfill and had a guided tour, including the lagoon and those other worthwhile spots, but we did decide that equipment is necessary for the people'Who are working up there, the masks, and it's not oxygen, it's a combination of something else and oxygen, which is necessary. If we're going to have any problems it would be nice to know that they have the equipment to handle any emergency that comes up up there. That's about it, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Jay. As you can see everybody's been quite busy. It's been a very hectic two weeks and I would just like to thank Jean and Paul for a tremendous job well done on that STOP Program. It really was fantastic and I appreciate the efforts and I'm sure the people in the future in Southold Town certainly are going to thank them for our efforts to keep these chemicals out of our wa~er. II. PUBLIC NOT:ICES. SUPERVISOR MURPHY; Moving on to the second item on the agenda is Public Notices ...... 1. 'United.'Sfates Environmental PrOtectiOn Agency about Impact Assessment on Shellfish Resources of Gre~t South Bay, South Oyster Bay and Hempstead Bay. 2. U. S. Army Corps of Engineers,application of Mrs. June L. Hussey, to replace existing bulkhead and dredge with upland disposal, East Creek, Cutchogue. Written comments by October 11, 1985. 3. U. S. Army;Corps of Engineers~ application of Mattituck Inlet Marina, ~o m~insenance dredge with upland disposal;-Mattituck Creek. Written comments by October 12, 1985. COUNCILMAN STOUTENBURGH: May I ask a question her~, seeing we have Henry in the audience. Henry, do you know on this. Mattituck Marina if they're going out any or just taking fill in front of their bulkhead? TOWN TRUSTEE PRESIDENT HENRY P. SMITH: Is this where the tanks are, 'Paul? COUNCILMAN STOUTENBURGH: No, no, this is the marina up further. TOWN TRUSTEE SMITH: Mattituck Inlet Marina? -. SEPTEMBER 24, 1985 COUNCILMAN:iSTOUTENBURGH: Yes. TOWN TRUSTEE SMITH: It's the same permit we issued about three or four years ago where they were going to put that fill in the back and for some reason they never got around to doing the work, so this is just a duplicati of that original application. COUNCILMAN STOUTENBURGH: Oh, so he never even did it then? TOWN TRUSTEE SMITH: No. COUNCILMAN STOUTENBURGH: material in the back? Oh, okay. So they're going %o stockpile the f-m1 TOWN TRUSTEE SMITH: It's the same application, yes. COUNCILMAN STOUTENBURGE: Right. Because we might be using that if we ever get this ramp. You know,.we might want some fill. Okay. TOWN TRUSTEE SMITH: I think they'll be doing it this winter. I:II. COMMUNICATIONS. SUPERVISOR MURPHY: Moving on to Communications. 1. Dimension'CabIe'ServiCes, employment aVaiIability. 2. .GreenpOrt Housing AllianCe, Inc. requesting a letter of'support 'for refunding, which we will be.sending. - 3. .'New York State Department 'of 'Envfronmental Conservation, on the STOP Program. Congratulating the Town on a job well done. 4. Dimension'CabIe services that the'compIetiOn of'the rebuild has 'been.accomplished. 5. North.Fork'Audubon SOciety, in opposition to L~LCO's site in 'Jamesport and Mattituck as a regional ashfill. 6. This is one that we'.ye been around a long time looking for and hopefully it might come alive again, is the County purchase Of Robins Island. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: Time for our Public Hearings so I'd like a motion to recess for the time of the public hearings. Moved by Councilman Stoutenburgh, seconded by Councilwoman'Cochran, it was RESOLVED that this Town Board meeting be recessed at 3:30 P.M. for the purpose of holding two public hearings: 3:30.P.M. -"A Local Law providing for the defense of town officers and employees." 3:35 P.M. - "A Local Law in relation to the regulation of Floating Homes-in the Town of Southold." 'Vote Of the ToWn Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 3:'45'P.'M. V. RESOLUTIONS. SUPERVISOR MURPHY: At this time I'd like to reopen the regular Town Board meeting and move on To the fifth item on .the agenda, which is Resolutions. SPECIAL PROCLAMATION - presented'to Mr. Frank 'Sinnot, Chairperson of 'the C.R.O.P. WaIk Committee, at II:40 'A.'M. -- Moved and seconded by the Entire Town Board: WHEREAS, Southold Town's people have always been concerned with the needs of other people around the world and in our Town, and WHEREAS, the CROP organization is a credible and effic%ent way of helping people to help themselves, and '~ WHEREAS., Southo~d Town is an agriculturally oriented Town, providing potatoes, vegetables and seafood for people around'the world to consume, now, therefore, be it RESOLVED.that Che ToWn Board Of the Town of SouthoId hereby proclaims Sunday~ October 20, 1985 to be'CROP WALK FOR HUNGER DAY IN SOUTHOLD TOWN in support of the local churches, school, fire departments and civic clubs who have organized the Mattituck to Curchogue 10 kilometer WALK FOR HUNGER to take place on that day, and be it further RESOLVED that the Southold ToW~B~hereby urges the citizens of Southold Town.to fully support this endeavor. Vote'of the T0wn Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The £irs~ resolution is a trailer renewal. 1. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the apPliCation of-Sophie T. s~unders for renewal of her ''single family house trailer permit~ which permit expires on October 7, 1985 for trailer located at the north side of Main Road, Laurel, New York, be and hereby is Granted for a six (6) month period. 1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is for another trailer permit renewal. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the application of Martin Sidor for renewal of his single family house trailer permit~ which permit expired on September 23, 1985 for trailer located at the south side of Oregon Road, MattitUck, New York, be and-hereby.iS'gra~ted for a six (6) month period. 2.'-Vote'of the Town'Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to set a policy establishing water district~ in the Town of Southold. S. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy. WHEREAS, the Commissioner of the Suffolk County Department of Health Services has heretofore advised the Town Supervisor that in certain cases the Department of Health'Services requires that the developer of a realty subdivision provide a central water supply system in such subdivision, and WHEREAS, the Commissioner of Health Services has also advised the Town Supervisor that, in order to assure continuity of water service to such realty subdivisions, it is the policy of the Department of Health Services to request that any new community water supply system be dedicated, without cost, to the Suffolk County Water Authority, and that if such dedication is not feasible, that such wate~ supply systems be dedicated, withou~ cos~, to a Town water district, to be established for such purpose. NOW, THEREFORE, IT IS.RESOLVED, that/the Town Board'of'the'Town of Southold 'does hereby esta~Iish'~'p0IiCy'Of es~blishing'water'districts in the Town to accept the.dedication~--withou~ cost~ of community water supply systems Provided that.this 'bo~rd determines that the same is 'feasible and in the public interest. COUNCILMAN SCHONDEBARE: I know you're all going to get mad at me and going to get upset. . SUPERVISOR MURPHY: You're right. COUNCILMAN SCHONDEBARE: I know. I can't say "yes" and I can't say "no" and-I would just beg your indulgence for two weeks and give me some opportunity to go over it. I move to table it. Moved by CounCiIman Schondeb~re to TABLE RESOLUTION NO. 3. SUPERVISOR MURPHY: Is there a second? THERE WAS NO SECOND TO TABLE RESOLUTION NO. 3. SUPERVISOR MURPHY: If not, Judy, call the roll. COUNCILWOMAN COCHRAN: I would like to say something--a statement also. I feel very strongly. I?d like to have more information. I am not seconding to table,~because I feel it's something that we should dispose of at this time. I think it's important that we have the report of Greenport so we Can look at the entire problem in Southold Town in relation to water as a whole and not~bits and pieces. I also realize what a policy statement is and I realize that there is a need for a policy statement, but policy can be reviewed and changed, ~o at this time I will go along with bringing this to a vote. SEPTEMBER 24~ 1985 SUPERVISOR MURPHY: Any other con,nents? COUNCILMAN SCHONDEBARE: Yes, what are we voting on? The motion to table, right? TOWN CLERK TERRY: No, we have no second to table. SUPERVISOR MURPHY: We're voting on t~e resolution. COUNCILMAN SCHONDEBARE: Okay. 3.';Vote of the Town'BOard: Ayes: Councilwoman Cochran, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. Noes: Councilma?~ Schondebare, Justice Edwards. .This. resolution was declareduu~y SUPERVISOR MURPHY: Number 4 is a decision on a. Local Law concerning a moratorium. Moved by Councilman Townsend, seconded by Supervisor Murphy, WHEREAS, a proposed Local Law 'No. 14'- I985 was introduced at a meeting Of this Board held on the 18th day of July, 1985, and WHEREAS, a public hearing was held thereon by this Board on the 27th day of August, 1985, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that 'Local 'Law NO. 'I4.:~ '.I985 'be 'and hereby is 'enacted as follows: LOCAL'LAW NO. 'I4 : 1985 'A LOCal Law'.to'prOvide.fOr a Moratorium in certain zoning use districts BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amsnded by adding thereto a new Article, to be Article XVI, ~o read as follows: ARTICLE XVI MORATORIU~ Section 100 - .160 Findings and Purpose (1.) In November' of 1982, the Town Board authorized the Southold Town ~-- Planning Board to retain the services of Raymond, Parrish, Pine ~ Weiner," planning consultants ~r the purpose of conducting such studies and making such recommendations as such consultants deemed appropriate.to up-date the existing comprehensive plan of the Town, including the Town's present zoning code and zoning map. (2,) In'May of 1985, said'consultants presented to the Planning Board and the Town Board a report of their 'study, together with recommended planning maps, a zoning map, and a draft of recommended revisions, to 'the Town's present zon'ing Code. (3.) That since the presentation of.the consultants' report and recommendations, (4.) the Town Board,; the Planning Board, and the Board of Appeals have individually'and collectively'been reviewing such report and recommend~-~n,~ That upon the completion of such review; the Town Board will Conduct informal publiq'meetings in the various hamlets of the town to afford the public an opportunity to express it views and make recommendations with respect to such report and recommendations. -.- . (5.) That at the conclusion of such hamlet meetings,the Town Board will further review the proposed amendments to the Town's zoning code..and zoning map, giving consideration to all comments and recommendations presented at such meetings, and will then propose a Local Law to implement SEPTEMBER 24 , 1985 ~he said master plao--st~cl~, incorporating such revisions therein 41 as it deems appropriate. The Town Board will'then refer the same to the Town Planning Board and the Suffolk'County Planning Commission for their review and recommendations, as required by law, and thereafter hold a public hearing thereon, as required by law, on the question of the enactment of such Local Law to implement, in whole or in part, the recommendations proposed by the Master Plan Study conducted by said consul~:an[s. (6.) That the Town Board finds that many of the zoning code and zoning ma[~ amendments recommended by the planning consultant are inconsistent with the present zoning map and zoning code with respect to uses in the B Light Business Districts; the B-1 General Business Districts; the C Light Industrial' Districts; and the C-1 General Industrial Districts, "~ in that many of the presently permitted uses will not be permitted if the recommendations of the Planning consultants are to be implemented. (7.) That the Town Board further~ finds that to permit the issuance of buiiding permits; to permit the change of any present use; to approve any site plan; or t(~' otherwise authorize' or approve any new construction or new uses in any of the use Districts s&t-forth in Section 100-'16016} hereof, except as otherwise provided in section 100-163 hereof, until such time as the Town Board. has had a reasonable'period of time to enact appropriate legislation to implement, in whole or in part, the recommendations of 'the said planning consultants, would'result in a race of diligence of land owners to apply for and obtain perrni+~ and/or other approvals-for the construction of buildings and other improvements or the approval of uses in such Districts which may be at variance with the use regulations recommended in the master plan study. That to permit the issuance of such permits and/or approvals, or the approval of site plans in such use Districts during the time required by the Town Board to enact appropriate legislation to implement such' recommendations would frustrate ~nd defeat the intent and purpose of the up-date and revision of the Town's comprehensive plan for the o~derly development of the town and seriously 'impair the effectiveness thereof. (8) It is therefor the intent and purpose of this Article to impose a moratorium on the issuance of building permits; the approval of site plans; or the authorization and/or approval of any new construction and/or new uses on any land located in those areas specified in section I00-162 hereof. Section 100-161 Moratorium Imposed Notwithstanding the provisions of this chapter, or any other law, rule or 42 SEPTEMBER 24, 1985 regulation, during the period that this Article shall be in effect, no officer or employee, of the Town of Southold shall accept an application for, or take any action on any application for a building permlt', o~'accept an application for, ~r take any action on any application for site plan approval, or otherwise authorize and/or approve of new con-~truction and/or any.change in use of any land or premise~ located in thn.~o..~r~a$.specifi~d in sectio~ 100~!62 hereof; unless the same is authorized by the Town Board, pu~ ~ua,~t t~ the l~isions of Section 100 163 of this Article. Section 100-162 A'reas Affected The provisions of this 'Article shall apply to all land and premises located within the boundaries of the following ~oning use Districts, as'the same are shown and designated on the present'zoning map of the Town of Southold; to wit: (a) B Light Business Districts (b) B-1 General Business Districts (c) C Light Industrial Districts (d) C-I General Industrial Districts Section 100-163 Waiver of Provisions of this Article Notwithstanding any of the provisions of this 'Article, the Town Board is authorized t~ waive, in whole or in'part, any of the provisions of this Article, as it apphes to a particular lot, p~ece or parcel of land affected by thxs Art~cl a written application of the owner filed with tha t~wn clerk. If the Town Board, upon consideration of all relevant facts and'circumstaoces, determines that the waiver requested will 'not authorize or permit the use of land or ~remises for any use that is inconsistent 'with or in conflict with the provisions of the proposed legislation tO implement the Master Plan up-date, it may grant a waiver of the provisions of this Article as it may apply to'such land. In making such determination, the Town Board may impose such reasonable conditions as itdeems necessary or appropriate to observe the spirit and intent of this Article. Section 100-164 Duration The provisions of this Article 'shall be in full force and effect for a period of six (6) months after its effective date. Section 100-165 Prior Approvals Nothing contained in this Article shall be deemed to abrogate or annul any prior approval granted and in effect on the effective date of this Article. Section 100-165 Effective Date This-Loca~ Law shall take effect upon its filing with the Secretay of State. SUPERVISOR MURPHY: Any questions or comments? COUNCILMAN STOUTENBURGH: Just to let the audience know that this Board didn't go into this lightly. We checked and double checked with our thoughts and our people and after meeting with Greenport we, I think, came back with a strong feeling. SUPERVISOR MURPHY: And I might' add, anyone has any concern there is a very .good escape clause in this where anybody whose property conforms to the new Master Plan there is.an automatic clause in here that allows you to continue on your way. Any other questions? (No response.) 4.-vote of'the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is an authorization for Utica Mutual Insurance Company to appear on behalf of the Town of Southold. 5. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was and directs Supervisor.Fran¢is.J. Murphy to-exeCUte an aut.horization for 'curry~.'HammiII, 'O,'Brien ~ 'croutier, P.'C.~' af~orneys for'the Utica Mutual Insurance'Company~ to appear on behalf of the TOwn Of' Southold in the supreme Court, in an ~ction 'broUght by 'JOhn T~ylor. 5.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman StOutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to appoint a part-time Building Clerk on Fishers Island. 6. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it wa RESOLVED.that the Town Board of the Town of Southold hereby appoints Clarence L..Dixon as a part~time Building'Department Clerk at Fishers 'Island, New YOrk, effective October 1, 1985, at a salary of $300.00 per month. 6.-Vote of the Town Board: Ayes: Councilwoman Cochran; Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. Abstain: Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to accept a proposal. ?. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an acceptance of the proposal of Briarcliff Sprinklers System, Inc., for the fall close-down of-the sprinkler system at the Town Hall, at a cost of $60.00, and the spring start~up of the sprinkler ssystem at the Town Hall~ at a cost of $60,00. 7.~Vote of ~he Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to authorize a salary increase for the Nutrition Center Cook. Amended October 8, 1985 Resolution #9 8. Moved by Councilwoman Coch~an, seconded by Justice Edwards, it was RESOLVED.%hat the Town Board of the Town of.Southold hereby authorizes an increase in~'~he per hour saI~ry'of Nutrition center Cook.,. Mary Ann Ludlow, from $'4.9~ to $6.50, and an increase in'the per hour salary of Nutrition Center Assistanf'Clerk~ Lori McIver~ from $4;93 to $6.00. 8.-Vote of the ToWn'Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Amended October 8, 1985 Resolution 10a . SUPERVISOR MURPHY: Number 9 is to appoint Marie Helinski as Assistant Director and Bookkeeper of the Day Care Center at a salary of '$3.35 per hour for 45 hours per month. I offer that. Amended by Resolution #10 October 8, 1985 9. Moved by SuPervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold.hereby appoints Marie Helinski'ks Assistant'DirectOr and Bookeeper Of th~'Day Care'Center at a salary of $3.35 Per hour for 45 hours per month. 9.-Vote of the Town Bdard: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to appoint Beatrice MacDonald, R.N., to work in the Day Care Center at a salary of $~50 per hour, for 15--hours per week. 4 SEPTEMBER 24, 1985 Amended October 8, 1985 by Resolution #10b 10. Moved by Councilman Stoutenburgh~ seconded by Councilwoman Cochran, it was RESOLVED that the .Town Board of the Town of Southold hereby appoints Beatrice MacDonald, R.N.', to wOr~at the Day Care Cen~er, at a salary of $4.50 per hour, for 15 hours per week. SUPERVISOR MURPHY: I might add this is a tremendous donation of this lady of time. This is in our Senior Day Care Center and it certainly is appreciated by the Town and by the people who use that program. lO.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 11. Moved by Justice Edwards, seconded by ~ouncilwoman Cochran, it was RESOLV]~D that the Town BOard of the Town o£ Southold hereby 'appoints Jeffrey Andrade aS a'Dishwasher for the NUtrition Program, at a salary of $3.35.per hour, for 15' hours per week.. ll.'~VOte of ~he Town Board: Ayes: CounCilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is another trailer permit renewal. 12. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the application of'JaCqueline B. 'Moeller for renewal of ''a ~single"family house trailer Permit, for trailer located behind,(north of) the main barn on her property at.Hidden Lake Farm, north side of County Route 48, Southold, New York, which permit expires on October 9, 1985, be and hereby is Granted for a six (6) month period. 12.'~vote of the TOWn'Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duIy ADOPTED. SUPERVISOR MURPHY: Number 13 is to authorize a lease agreement. 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 lease agreement ' With'~he new IBM Credi~ Corp.' fICC)for the'series III Copier Machine at the'SouthOld Town HAL1, whereby the current IBM Lease in the amount of $1,042.00 per month will be reduced to $254.0Oper month, and the net billable copies @.~0102 = $285.60 per month will be reduced to @.006 = $168.00~per month. This new lease will provide for the replacement of the semi-automatic document feed with a fully automatic document feed, inclusive in the $254.00 monthly base charge, and be it further RESOLVED.that Supervisor Murphy be and he hereby is authorized to execute a.main~enance.agreement'with the new'IBM Credit Corp. (ICC) for the~Serie~ III Copier Mzchine at the Southeld Town Hall, a~ a total cost of $170.00 per month, which includes the Model 60 copier, collator and fully automatic document feed. 13.-vo~e~of the'TOwn'Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number '14 is to attend a conference. 14. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it' w: RESOLVED that the Town Board of the Town of Southold hereby authorizes all Town Board members and Sanitation Supervisor Rodney Donglass~ ~o .... attend the Legislative Commission on Solid Waste Management's "Conference on Materials Recycling and CompOsting of Solid Waste", to be held on October 8, 9, 10, 1985 at Albany~ New York, and the registration fee, necessary expenses for travel, meals and lodging shall be a legal cha~ge against the Town of Southold. . 14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoute~burgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15~s to appoint Mark Zaleski as a Relief Radio Operator, Southold Town Police Headquarters, effective October 1, 1985 at a salary of $5.50 per-hour. SEPTEMBER 24, 1985 15. Moved by Supervisor Murphy., seconded by Councilman Townsend, it.was RESOLVED that the Town Board of the Town of Southold hereby apppints Mark Zaleski as a Relief Radio Operator at'fhe SouthoId Town Police Headquarters, effective October l, 1985, at a salary of $5.50 per hour. SUPERVISOR MURPHY: This is necessary. Unless the Civil Service trans- fer comes through, that we'll be able to hire him part-time until he has his transfer. He's coming from Southampton Town to Southotd Town. 15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly.ADOPTED. SUPERVISOR MURPHY: Number 16 is to grant permission to use Town roads. 16. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of.the Town of.Southold hereby.grants permission to the Southold P.T.'A. tO'Use Town'roads'for's~ging and 'line O£ march for their Halloween p~r~de'to be held'at ~4:'00'P.M., 45 Thursday, October 31, 1985~ provided they secure the necessary insurance to hold the Town of Southold harmless. 16.'~VOte Of theTown Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN STOUTENBURGH: Judy~ how do we assure that the insurance is paid on this? TOWN CLERK TERRY: COUNCILMAN STOUTENBURGH: TOWN CLERK TERRY: Yes. COUNCILMAN STOUTENBURGH: They usually.bring the Certificate in to me, Paul. They do? ~Before you give out a permit? TOWN CLERK TERRY: That's right. They are notified to bring it in prior to and they always do. COUNCILMAN STOUTENBURGH: I was just Wondering. SUPERVISOR MURPHY: Number 17 is a speed survey. -17. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and ~irects the Town Clerk to submit ~ request'to the New York State Department of Transportation ~o Conduc~ a.speed survey..on.all roads between the Southerly side Of R0ute.'ES'and Peconic Bay.~:frOm Bray.Avenue, Mattituck tO the Town line in Laurel. 17.-Vote Of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to authorize a bus trip. 18. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Senior Citizens Club Of SouthOld Township~ Ma~tituck unit, to engage one (Il 49 passenger bus to'tra~Spor~ ~heir group to New York City on 'December 1I, I985, using the balance of their allocation in the amount of $209.46 for the cost o~ this bus, and be it further RESOLVED that permission is hereby given for the Mattituck Unit to park their cars ~t the Senior/Youth~Center, Peconic Lane, Peconic, on that day. 18.~Vote of the Town Board: Ayes: Councilwoman Cochra-n, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:.- Number 19 is an amendment-to the 1985 Whole Town General Fund Budget. 19. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the 'following amendment ~O the General Fund Whole Town-1985 Budget: Estimated Revenues A510 A3850 - New York State Aid - Council on-the Arts - $6,000.00" SEPTEMBER 24~ 1985 Appropriations A960 A7520.4 -- Historical Property, Contractual Expenses - $6,000.00 (This inclusion in the Town Budget is needed to provided budgeted needs for the contract signed with the New York State Council on the Arts by the Town re: The Society for the Preservation of Long Island Antiquities to compile an inventory of historic sites and landmarks in the western end of Southold..Town.) 19~VOte of the Town'Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 isa transfer in the Whole Town Budget. 20. Movad by Councilman Townsend. seconded by Justice Edwards, it was .... RES6'LvE~ that the Town Board'of the Town of Southold hereby authorizes the following transfers within the General Fund Whole Town 1985 Budget: From: A7520.4 Historical Properties, Contractual Expenses $9.50 Into: A7550.-4 Celebrations, Contractual Expenses $9.50~ 20.-Vote of the Town Board: Ayes~ Councilwoman~Cochran, Councilman Schohdebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is another transfer in the Whole Town Budget. 21. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Sou~hold hereby'~u~hOrizes the following transfers within the G~neraI-Fund'Par~'Tow~'I9$5 'Budget: From: B8020.4 Planning Board, Contractual Expenses $2,500.00 Into: B8010.4 Zoning, Contractual Expenses $2,500.00 21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MUP~PHY: Number 22 is' to authorize the Town Board to fly to ~-~1 Rome, New York to visit two mass burning energy recovery plants. 22. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town BOard andSuperintenden~'of'Highways ~Dean to fly to Rome, New York'to viSit'two mass burni~g'~ergy recovery plants, and the aczual cost ~£or travel, meals and lodging shall be a legal charge against the Town of Southold. 22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is Fishers Island Ferry District transfers. 23. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby approves the · transfer'of the folIowi~g f~ndS'within the'Fishers Island Ferry District I985'Budget: From: Property Tax - New London N.Y.S. Retirement Airport into: Insurance Claims 23.~vote'of the. Town BOard: Ayes: $238.52 39.00 500.00 $777.52' $777.52 Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to declare Lead Agency on a proposed Local Law. 24. Moved by Justice Edwards, seconded by Supervisor Murphy[ it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of a proposed Local Law entitled, "A Local Law in relation to Accessory Apartments in existing dwellings." 24.-Vote of the Town Board: No: Councilwoman Cochran. TOWN CLERK TERRY: Councilman Schondebare? COUNCILMAN TOWNSEND: There's no time for questions? SEPTEMBER 24, 1985 SUPERVISOR MURPHY: -You want COUNCILMAN TOWNSEND: Yes. I'd like to point out that the proposed law, as I read it, potentially could double--almost double the allowable density in SoUthold Town and it is also at odds with the Accessory Apart- ment proposal in the Master Plan and I'd like to ask a couple of questions on this. Why do you feel this is going to create affordable apartments as opposed to say seasonal or summer rentals, when there's no income guidelines or resident requirements in the law? You didn't explain that when we were trying to discuss it before. SUPERVISOR MURPHY: I don't think we should get into income guidelines and residency.and all. I don't believe we should. COUNCILMAN TOWNSEND~ Yoa do~:g think it ~,~ers. W~ii, how ~i= you going to--since you've already pointed out' that certain areas are-subject' to saltwater intrusion, how are you going to justify the increased density in these high-rent and low-water districts if you don't exclude those area~ from apartments? SUPERVISOR MURPHY: A small amounz of people in them, I don't think will have any affect at all. COUNCILMAN TOWNSEND: How are you going to protect--since it doesn't go through'the Board of Appeals, how are you going to.protect neighbors that might object to the fact that they bought a house in a one-family residential area and now this area is--their neighbor on both sides is going to two family. There's no hearing procedure, there's no Board of Appeals involvement. How are you going to protect the neighbors with this? SUPERVISOR MURPHY: I don't think it will have any affect. We're not changing the outside of the building at all. COUNCILWOMAN COCHRAN: It's going to have an affect on parking and aesthetics and everything else in the area. I'd like to give the neighbor an opportunity to at least support or object to something that's coming down on the property.next door. SUPERVISOR MURPHY: Okay, let's vote on it. COUNCILWOMAN COCHRAN: It should go through the Board of Appeals. COUNCILMAN STOUTENBURGH: Let me say what I said to Jay before, Joe. Any law can be amended and if you feel this strong enough, you bring these amendments in and I'll support your amendments, but I'm going to get this thing moving if I can. I feel we've dragged our feet. Let's do it and if we find there are weak spots in it, let's amend it-to correct it, and I'll support you. COUNCILMAN TOWNSEND: But, Paul, we!ye got recommendations. We have a much more thoughtful law in the proposed Master Plan. Now there's certain areas of bureaucracy that I want ~o eliminate from that law, but I think it does address the affordable housing issue and if you want I'll put something on the agenda that satisfies.my requirements now, but I don't think we should pass a law and then have to go through the hearing again immediately, and meanwhile we have two or three people come in with seasons apartments. COUNCILMAN ISTOUTENBURGH: I'm afraid, Joe, that we get into this kind of rut that we put off and we don't do things. I'm afraid this is going to happen with our Master Plan. Within six months I hope we can pass a Master Plan, but I ~on't think it's possible with this kind of Board. This Board seems to put off and put off and put off and I think we should do some of these things. COUNCILMAN SCHONDEBARE: Paul, we already approved..-the accessory use law in the'Master Plan. We went over if, we discussed it, we approved it. It was all done. So why are we pushing this? I don't understand it. SUPERVISOR MURPHY: I think we have a need, Jay. ~ think we have a need and there's a lot of pressure on the Town Board constantly for. these and for assistance. COUNCILMAN SCHONDEBARE: There's no,pressure on the Town Board for a~cessor apartments. It is'strictly you know what--politics. Good old November election. ' 48 SEPTEMBER 24, 1985 COUNCILMAN TOWNSEND: This is dangerous and I'll be happy to bring it up two weeks from now. Table it and let you--but I want to be able to amend this because I think this is a dangerous thing to start. Even if we have a hearing on it, it's just going to be of no avail because we're going to have to change it substantially. I can tell you right now I'm not going to vote for something that doesn't protect those areas of shallow aquifer, and it doesn't address the housing need. This is not going to address the housing needs. We're going to have a lot more group rentals, that's what we:'re going to have. COUNCILMAN SCHONDEBARE: I move to table it. JUSTICE EDWARDS: Second. RESOLVED to TABLE RESOLUTI.ONNO. COUNCILMAN TOWNSEND: And I!ll put it on the next agenda with amendments. COUNCILWOMAN COCHRAN: See what happens--this resolution that's been put on todays Agenda is almost identical to what came from the. Housing Advisory Committee. We have information from them. We have some from the Planning Board. We have some from the ZBA. Recommendations and things in relation to an Accessory Apartment Law and we have never taken the time to sit down and look at which is the best of all of it and come up with something we-can all live with. ~ SUPERVISOR MURPHY: I think we've done this. COUNCILWOMAN COCHRAN: I don't think we have. SUPERVISOR MURPHY: Well, okay. COUNCILMAN STOUTENBURGH: I think this forces us to do that, Jean. COUNCILWOMAN COCHRAN: I don't think we have. COUNCILMAN TOWNSEND: It may force us to do it but let's not have a ~ hearing on something--- [~ SUPERVISOR MURPHY: We're voting on the motion to table it. VOTE ON MOTION TO TABLE RESOLUTION NO. 24.~ 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend. No: Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 'we"ll pass over (proposed Local law in relation to Accessory Apartments in existing dwellings to be transmitted to Town and County Planning Boards). Number 26 is a Proclamation. 26. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, most of the citizens of earth are hoping and praying for peace, an WHEREAS, the need for positive action is greater than ever before because of the fearful availability of overwhelming numbers of monstrous weapongs of total destruction and because of the grim "tug-of-war" now going on among the nations of this world, and WHEREAS, the United Nations organization has been in the forefront of the" World Peace effort, and WHEREAS, the Town of Southold, an important part of the world, desires to express its sincere thanks for thesD contributions to all United 'Nations~ personnel, past and present, and to all of the constituent parts of thei.~ United Nations1, including UNICEF, now, therefore, be it RESOLVED that this appreciation can be demonstrated by the Town BOard the Town of Southold by 'deClaring the MONTH Of OCTOBER 1985 is UNITED NATIONS MONTH IN THE TOWN OF'SOUTHOLD and urge all..~itizens, young and old, as an ~expression of our gratitude toward and our faith in the United Nations, to participate in the activities planned for this month. 26.-Vote of the'Town Board: Ayes: Councilwoman Cochran, Councilman Schondeba~e, Councilman Stoutenburgh, Justice Edwar-ds, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to purchase county-owned property on Stillwater Avenue, Cutchogue. 27. Moved-by Supervisor Murphy, seconded by Councilwom~n Cochran, it was RESOLVED that ~he Town Board of the Town of Sguthold hereby authorizes 'and'directs Town Attorney Robert W.''Tasker to conduct a title search o 'County Owned property on Stiil~$e~venue Cutchogue which parcel provide access to East (Eugene"S CreeE~'CUCehOgue,' New York )(Tax Map No. 1000- 137.00-001.00~027.000), and be it further RESOLVED that if said title search is clear for purchase by the Town of Southold~ that Supervisor Francis J. Murphy be and he hereby is author- ized and directed to issue a check in the amount of $567.48 to the Suffolk County Department of Real Estate for the purchase of this 31 ft. parcel of County owned property. COUNCILMAN SCHONDEBARE: I've got a question on that. I asked Bob abQut that and he's never seen that resolution. He doesn't know anything about it. What are we buying. COUNCILMAN STOUTENBURGH: A right-of-way down to the creek. SUPERVISOR MURPHY: This is a right-of-way that we had to buy in order to provide access for dredging. When did.':this come, Bob? This is not the three on the tax sale. COUNCILMAN SCHONDEBARE: This is totally different. I have no idea where it came from. TOWN CI,ERK TERRY: I asked the same question because I couldn't identify it, and when I called Mr,. Besemer at the County Department of Real Estate he said he had brought this to the attention of Jim McMahon and they had discussed and Jim just said to send out a letter saying how much it would cost the Town to purchase it and here it is. COUNCILMAN STOUTENBURGH: And the Town Trustees have given permits to people to moor their boats at the foot of this right-of-way. SUPERVISOR MURPHY: You want to see where this is, Bob? This parcel? TOWN ATTORNEY TASKER: Well, normally when you're going to acquire property you do a title search, like you did on the ot'hers. SUPERVISOR MURPHY: It's County-owned. Is it necessary? -COUNCILMAN SCHONDEBARE: They got it through taxes. SUPERVISOR MURPHY: "If this sale is not complete before December 1st, 1985, you will be obligated to pay the taxes that are due at that time." COUNCILMAN SCHONDEBARE: You can get a title search in two weeks, between now and then. TOWN ATTORNEY TASKER: You'll be paying next year's taxes anyway if you got it. The tax lien date is last May. COUNCILMAN TOWNSEND: We could do a title search I suppose. COUNCILMAN SCHONDEBARE: Just do a title search and find out who owns it. Hopefully it will come back the County of Suffolk. TOWN CLERK TERRY: Do you want to pass this resolution with the provision that the Town Attorney conduct the title search and if it is clear the Supervisor can issue a check for purchase. 27.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN STOUTENBURGH: I might add that this is the only way that the people of that section of Fleets Neck, Track Avenue and Stillwater have to get to the water. There is no other access to it. TOWN ATTORNEY TASKER: They already have that. Don't they have that access? COUNCILMAN STOUTENBURGH: No. I mean, they've given it'-by the Trustees. TOWN ATTORNEY TASKER: It's. a mapped street, that'slwhat this is. COUNCILMAN SCHODNEBARE: We're buying a road. TOWN ATTORNEY TASKER: You're buying a road, a paper road. COUNCILMAN STOUTENBURGH: That's right. 0 SEPTEMBER 24, 1985 TOWN. ATTORNEY TASgER: The people in the subdivision already have a right to use it. Why do you have to buy it? SUPERVISOR MURPHY: Does all the people in' the Town have a right to use it? TOWN ATTORNEY TASKER: No. And they won't after you buy it probably. SUPERVISOR MURPHY: Why not? TOWN ATTORNEY TASgER: Because it's limited--it's subject to the restrictioa that are on that map. It's a mapped street. SUPERVISOR MURPHY: If we own it? TOWN ATTORNEY TASKER: Yes.' You can't cut off their rights. COLrNCILMAN S~HONDEBARE: We've done this before. SUPERVISOR MURPHY: We're not cutting their rights. some more people to it. COUNCILMAN SCHONDEBARE: The whole Town. We're just adding TOWN ATTORNEY TASKER: You dilute their rights. COUNCILMAN SCHONDEBARE: Well, we have to recess to do our bills anyway, SO----- COUNCILMAN TOWNSEND: It will turn up on a title search. COUNCILMAN SCHONDEBARE: We've had this discussion before. TOWN ATTORNEY TASKER: That's like the one you had here in Peconic, remember? The boat landing ramp. We did the search, and they said all the rights of the property owners, they had the exclusive right to it, subject to that. And you're buying a lot .... COUNCILWOMAN COCHRAN: So you're saying this is a paper road. SUPERVISOR MURPHY: Okay. We have a couple more resolutions. Number 29 is the environmental assessment on the Costello change of zone petition. 28. Moved by Councilman Townsend, seconded by Councilman Schondebare, WHEREAS, John A. Costello has heretofore Submitted.a petition to the Southold Town Board for a Change Of Zone from '"A!['Residentiai~and Agricultural District tO"'M? Light MUltiple Residence DisTrict on certain property located On-the corner of Route 48 and Moores ~Lane, Greenport, New York, NOW, THEREFORE, IT IS RESOLVED AS.FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, 'dOes hereby 'de~ermine that the action proposed is a Type'I action and is likely to 'have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determination as required by ~he aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, John A. Costello, of 'this determination, all in accordance with said law, rules and code. And, whereas, previous application has been made to this Boa~ by Said applicant for the same 'lane for annexation to the Village of Greenport, in,~hich proceeding this'Board required that a Draft Environ~ mental Impact Statement be prepared, which w~s prepared and filed by th~~' applicant in said proceeding. And, whereas, t'he previous Draft Environ- mental ImpaCt ~Statement, With respect 'to the annexation proceeding~ embrace~ many of the matters which would be contained in the Draft Environmental Impacz Statement with respect to the present Change of zone application, it is determined by the Town Board that the applicant'shall be required to submit~the previous Draft Environmental Impacz Statment as to the Draft Environmental Impac~IStatement in this proceeding, provided, however, that the same ~e mOdified.and/or added to hy an addendum to address such issues as are determined in a Scoping Session to be held by the applicant with the Town's planning consultant David~Emilita. COUNCILMAN SCHONDEBARE: I'd li~e the record to reflect that this is probably the first time we ever had an applicant ask us to make a significant declaration. SEPTEMBER 24, 1985 28.-VOte of the Town'Bo~rd: Ayes:.~.~~lwoman-Cochran, Councilman Schondebare, Councilman Stout~r~';~'~'~s~ice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 51 SUPERVISOR MURPHY: Number 29 is ~o authorize the Supervisor to sign the amended contract.between the-Town, the Village and the North Fork Animal Welfare League. 29. Moved by Councilman Townsend, 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 amendment to the Dog Agreement between the Town of Southold, Village of Greenport, and the North Fork Animal Welfare League~ 'Inc., whereby the July 11, 1985 agree- 29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is to authorize Judge Edwards to attend the Office o~ Court Administration's Justice Training School, Ellenville, New York, October 6, ?, and 8th~ I offer that resolution. 30. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Justice Raymond W. Edwards to attend the Office of court Administration's Justice Training School at Ellenville, New York~ on October'6, 7, 8~ 1985, and the actual expenses for travel, meals and lodging shall be a legal charge against the Justice Account. 30.-Vote of the Town Board: Ayes: Councilwoman Cochran, Cou~ncilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is a resolution to approve Local Law No. 15 concerning Floating Homes in the Town of Southold. I offer that resolution. 31. Moved by Supervisor Murphy, seconded by Councilman Schondebare, WHEREAS, a proposed Local Law No. 15 - 1985 was introduced at a meeting of this Beard held on the 10th day of September, 1985, and WHEREAS; a public hearing was held thereon by this Board on the 2~th day of September, 1985, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local Law No 15 - 1985 be enacted as £ollows: LOCAL LAW NO. 15 - 1985 ~ LOCal Law in relation ~o the regulation of Floating Homes in'the Town o~ Southold BE IT ENACTED Dy ~e Town Board o~ the Town o~ Southold, as follows: I. Article'lV of Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold is renumbered Articl'e'V and Sections 32-40, 32-41, respectively ~ I1. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold' is hereby amended by adding a new Article'thereto, to be Article IV', to ~read as follows: ARTICLE .IV FLOATING HOMES Section 32-40.. Legislative Intent. The Town Board finds that watercraft are being used for strictly residential ~purposes on .waterways .within the Town of Southold: The proliferation of this type of use is expected to create significant environmental problem if their'proliferation remains unchecked. -The.~-T. own .Board recognizes that the waterways surrounding the Town are one of I:he~-primary recreate_on areas on Long Island. They are used for swimming, fishing and boating by many of the local residents and visitors. Furthermore, waterways are a maior comm.~rcial resource providing food and employment for the harvesters of fish ' and shellfish. Shellfish taken commercially' from said waterways are distributed to all areasof the Eastern Seaboard. The Town of Southold' has expended large sums of money-to develop and protect the harvestable"clam stock. 52 SEPTEMBER 247 1985 The Town Board acknowledges its duty to protect the health, safety and welfare of its residents and visitors. The maintenance of high water quality is vital to the use of said' waterways for recreational and commercial purposes. The avoidance of all uses and activities which could introduce pollution-in 'these Waterways is :of constant concern. -The potential' ,influx --of craft and vessels for residential purposes creates a substantial 'danger to water quality in said waterways. The residential use of these vessels is contrary to the established character of the Town of Southold' and will" severely diminish the recreational and 'commercial'-use of said'waterways. -. The proliferation of Floating Homes and marinas which accomodate them will 'create probl.ems whicl~ include, ~in additi0r~ to water-pollutiOn, trash power failures, loss of mooring piles d~ring winter icing conditions, damage and sinking of vessels' during stor~s, all of which conditions impose additional responsibilities on police, fire and other emergency agencies in the Town. -.The Town. ·Board .recognizes that the Town of Southold consists primarily of developed year-round residential neighborhoods and .that marine recreational uses are incidental to such residential uses, and that it. is in the best interests of the Town of Southold' and its residents to restrict and prohibit'.the uncontrolled growth and burden on its waterways that would result if the infusion of Floating Homes is not controlled. Section 32-41. Definitions. As used in this Article; the words and terms used' he~-e[n are defi~ed as follows: FLOATING HOME - Any vessel in fact used, designed or occupied as a permanent dwelling unit,- business office, or .source of any occupation, or for any private or social club of whatever nature, including, but not limited to, a structure constructed upon a barge primarily' immobile and out of navigation which functions substantially as a land structure while the 'same is moored or docked in or on Town Waterways within the Town of Southold, whether such vessel is'self propelled or not, and whose volume co-eff;cient is'greater than three thousand (3,000} square feet. Volume co-efficient is a ratio' of the habitable· space of a vessel .measured in cubic feet and the draft of a vessel measured in feet of depth. Town of Southold; upon which a marina is'operated where one or more sites or locations are rented or are offered for rent, sold, or offered for sate; or otherwise used or offered for use for the location of Floating Homes. MARINA - Any dock,' pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other water craft, other .than Floating Homes, and which may also be capable of removing any and all water crafts moored or docked within the marina from the water for repair and/or storage. PERSON - Any individual, corporation, copartnership, association, society or any other combination of individuals. TOWN' WATERS All tidal w~ters bordering on or .within the Town of Southold'including, but not limited to, bays, sounds, creeks, estuaries, inlets, and all 'tributaries thereof, and extending seaward to a point 300 feet from the mean high water liae. Section 32-42. Prohibited Acts. No person shall place, moor, ~ock, use, or occupy, or permit or assist in the placing, mooring, docking, use or occupancy of a Floating Home in 'or on Town Waters. --No persbn shall-place,-.moor, dock-or Store,-or permit or assist in the placing, mooring, docking or storage of a Floating Home in a marina in the Town of Southold. C-.- No person -shall. 'operate-- or cause-- to' be ope[ated a Floating Home Marina, or rent, or hold· out for rent, or sell or offer to sell any site, berth or space for the accomodation of a Floating Home in:the Town of Southold; Section 32-43. Severability. If any clause, sentencer paragraph, section or part of this ^rticle'shall be adjudged by any Court of competent jurisdiction to be invalid, such ~udgement_shall.not affect, ~impair or invalidate the remainder of this 'Article, but shall be confined in' its operation -to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgement shall have been rendered. !11. This Local Law shall become effective upon its filing with the Secretary of State. 31.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time is there anybody would like to address the Board before we recess to do the audit, so you won't have to come back? (No response.) If not,~I would like a motion to recess so we may audit the bills. Moved by Supervisor Murphy, seconded by Councilman~Schondebare, it.was RESOLVED that this Town Board meeting shall be'reCessed a~ 4:I5'P.M. for the purpose of auditing outstanding~Vouchers. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilmkn Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.- This resolution was declared duly ADOPTED. Meeting reconvened at 4:35 P.M. SUPERVISOR MURPHY: I'd like a motion to approve the audi~ of the bills. Mowed by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the fOllowing aud~t'ed bills be and hereby are approved for payment: General Fund Whole Town bills in the amoun~ o~ $22,677.74; General Fuad Part Town bills in the amount of $9,294.38; Highway Depart- ment bills in the amoun~ of $74,746.17; Fishers Island Ferry District bills in the amount of $11,272.73; Southold Was~ewater Treatment Plant bills in the amoun~ of $16,211.75; Agricultural Land Development Rights Capital Account bills in the amount of $749.97. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Now I'd like a motion to adjourn. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 4':38 P.M. Vote Of t'he Town Board: Ayes: Councilwoman Cochran, CoUncilman Schondebare, Councilman S_toutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. - - udith T. Terry~/ Southold Town Clerk