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Home My WebLink AboutTB-07/17/1984310 SOUTHOLD TOWN BOARD JULY 17, 1984 WORK SESSION Present: 'Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr., Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean. 10:00 A.M. - Mr. James Bitses, and a group of approximately 15 interested residents, met with the Town Board to. discuss Mr. Bitses' report, of June 7th. for the establishment of a Southold Town electric utility authority, for Iow cost electric'rates. Mr. Bitses recommends the need for an engineering pre-feasib~il:,ity" study which would cost approximately fifteen to twenty thousand dollars. A final feasibility study Would cost between forty and fifty thousand dollars, as estimated by Mr. Bitses. Councilman Townsend said he 'feels this is a very difficult process and there are certain'important questions that mus't be answered before embarking on a feasibility Study. When asked'by Councilman Schondebare if.'there are any moneys available for such a study, Mr. Bitses said there were not, but the Town has Community Development funds, which would not affect the tax rate. He said he has visi.ted the Governor's office and has been told the Governor is pleased with his report-and in favor of the pla.n.' S'~lpervis0r Murphy said'he would contact the Governor's office for whatever advise they might have, as well as the County and PASNY. 10:35 A.M. - Chief Winters met with the Board to (1) review his monthly report, which he pointed out indicates the increasing amount of activity and the need, shortly, to have two radio operators on duty dur:ing the day and evening shifts. (2) The police exchange program with East Hampton, for exchange of ideas, will begin on July 27th with an East Hampton police officer coming to Southold, and a Southold police officer will be in East Hampton in September. (3) His request to computerize Police Headquarters for retrieval of many essential records. He anticipates to the cost to be approximately $15,000.00 for two terminals, printers and software, on a lease-purchase basis over a three year period.--Superintendent of Highways Dean said he would like to computerize the Highway Department, and Councilwoman Cochran recommended computers for the Town Clerk's Office.--Council- man Stoutenburgh discussed with Chief Winters the need for a patrol of Mattituck Creek and statedi.that Trustee Kujawski has someone .in mind and he will have him contact the Chief to meet and discuss a contract, for a part-time Bay Constable. 11:05 A.M. - Franklin Bear, Chairman of the Water Advisory Committee, met with the Board- to bring them up to date on the progress of the Committee. They have discussed the Capt:. Kidd water problem and .if and how a district should be.estab- lished. They also have done Considerable investigation into a water treatment district for the Town and how to go about the management of same. He asked the Board if the Committee could sit down with Joe Baer of the Department of Health, and rep- resentatives from ,the Town of Riverhead to discuss this mutual program. .T_he Board had no objections. The Committeew. Ould also like to hire a consultant and will have further input for the Board in the near future on that. 11:30 A.M. - Mr. Frederick Fischer, Peconic, met with the Board to discuss the Table of Or~lanization of Southold Town Government he has prepared as a voluntary service to the Town. The Board was happy with the Table and approved its dis- tribution to the public. The Board also placed a resolution (35) on the agenda thanking Mr. Fischer for his public service to the Town. 11:35 A.M. - The Board reviewed off agenda items (1) Letter from William A. Pfeffer concerning "bull rakes or peconic ~ake"; which will be revieWed th Trustee Kujawski who will report to the Board. (2) Southold Town Flag, whic_h Councilman Schondebare will work on in early September. (3) Councilwoman Cochran made a statement to the Board, (which is on the record in the Regular Meeting) concerning her stro. ng feelings :for the elimination of fees for the Disposal Area. The Board will meet at 8. A.M., Tuesday, July 24th in a Disposal Area Committee meeting to discuss modifying the fees. JULY 17. 1985 EXECUTIVE SESSION ~ ~ ...... -~:.. ..... 11:50 A.M. - The Board discussed possible purchase of property in the vicinity of the Town Hall, as well as the need for expansion of the Town Hall. Also discussed was the upcoming contract with the North Fork Animal Welfare League, Inc. for the Dog Pound, as well as. certain personnel problems that have arisen. 12:30 P.M. ~ Executive adjourned and the B~rd recessed for lunch. 2:00 P.M. - Work Session reconvened. [Justice Edwards present.) The Board discussed subdivision performance bonds. 2:45 P.M. - Audit of outstanding vouchers. 3:00 P.M. - Work Session adjourned to conduct the Regular Meeting. 31t REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on Tuesday, July 17, 1984, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 3:00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy 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 ;-Superintendent of Highways Raymond C. Dean SUPERVISOR MURPHY: I'd like a motion to approve the audit of bills of July 17th, 1984. Moved by Justice Edwards, seconded, by. Councilman Townsend, it was. RESOLVED that the followin9 audited bills be and hereby are ,,a. pproved: General Fund Whole Town bills in the amount of $53,780.25; General Fund Part Town bills in the amount of $:34,.402.20; Highway Department bills in' the amount of $19',997.32; Fishers Island Ferry Districl~ bills in the amount of $94,420. 92; and Landfill Building and Equipment bills in'the amount of $3,206.24. 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: At this time I'd like a resolution to approve the minutes of the Regular Meeting of July 3rd. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was RESOLVED that the minutes of the Regular:Meetin~o of July 3, 1984. 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: Next I'd like a resolution to set the next meeting, July 31st, 1984, 3:.00' P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by c~uncilman Stoutenburgh, it was RESOLVED that the next Regular Meetin9 of the Southold Town Board will be held at 3:00 P.M., Tuesday, July 31, 1984. at the Southold Town Hall, Main Road, SouthOld, New York. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: Moving on to the first item on your agenda, Reports, I'd like ,to remind you that these reports are on file' in the Town Clerk's Office for anyone who wants to see them. 1. Town Clerk's monthly report - June 1984. 2. Fishers Island Ferry District's monthly report for~June 1984. 3. Highway Department's monthly report for June 1984. 4. Justice Price - monthly report for June 1984. 5. Fishers Island Civic Association's Annual Report for 1983-1984. 6. Justice Edwards - monthly report for June 1984. 7. North Fork Animal Welfare League, Inc. - May and June 1984 reports. Justice Tedeschi - monthly report for June 1984. 9. Szepatowski Associates r Inc. - progress report for June 1984. 10. Trustees - monthly report for June 1984. 11. Police Department monthly report for June 1984. 12. Nutrition Program - monthly report for June 1984. 13. Building Department's monthly report for June 1984. That would be one, that and the Town Clerk's monthly report, is one if you're concerned and want to know what's going on in the Town and see if we are busy in the Town Hall, you should read those two reports. They're amazing. 14. Councilmen's report. I'II start on my right. Jay, do you have anything to report ? COUNCILMAN SCHONDEBARE: There was a meeting of the Planning Board with the Highway Committee of the Town Board on July 13th, 1984.. All the members of the Planning Board were there, as well as on the Town Board would be Jean Cochran, I believe was there, Paul Stoutenburgh, Joe Townsend and myself, and I'll allow other people to report on it. By and large what we want to do is give notice to anyone who is endeavoring to put in a subdivision in the Town that we're no longer going to tolerate some of the road conditions that we now have. We're going to spruce it up and we're going to change and enforce--p~rhaps even call in some of the bonds that are outstanding, so fair wa'r~ing to all the contractors whose roads are not up to standards and if anyone else who's anticipating putting in a subdivision we're going to have new rules and regulations to insure that these roads are up to our" standards. We've got too many complaints, too many citizens come down and we're going to stop it. We also had a meeting, again I'll allow someone else to report on it, of the Parks and Beaches Committee. We did that this'morning at 9:00 o"clock, and basically it was to ascertain how everything is going on at the present time. We 'are having problems with bathrooms, kids are going in there, Ray Dean has reported to us that sand was poured down these toilets in.one of the.~ Evidentally we're not having careful watch on it. I think we're going to start a system of using the keys rather than having the bathrooms !open at all times. If you wish to use the bathrooms, you'll have to go to~ the atten'dant or lifeguard to request the key to use the facilities and then return'the key. We can't have sand poured the toilets. I'm sure somebody else will comment on those so I'll stop right there. SUPERVISOR MURPHY: 'Thank you, Jay. J6e? COUNCILMAN TOWNSEND: The only thing I hav~ to report on is that we've basically concluded negotiations with the Animal Welfare League for the next two years on at least the major part of the con~ract~ and hopefully we'll nail that down. We've come to an agreement regarding price, a very reasonable increase, so that's all I have to report~ SUPERVISOR MURPHY: Thank you, Joe. Paul? COUNCILMAN STOUTENBURGH: I attended the meetings you just heard, and also I attended the Water Advisory Committee meeting, of which a report, was given to the Town Board this morning. I might just review a little bit. Hopefully they're going to give a report to the Captain Kidd's Information Meeting. They feel very strongly that there should be a water district there. They also are interested in pursing the idea of getting some grants so that they can use this money to help implement this filter district that we're hoping to get' involved in~ and I think this is one of the most important things because it's going to cost a fair amount of money to get this new concept, which is a new concept in the entire State of New York, where we will have instead of a water_district--usually we think of a water district as pipes--we're going to use actual filters in the homes, but they're going to be under a control and so it will be a water district filtering system so to speak. thing entirely new and we think that because it is something that will be nationwide used, because of the problems of drinking w~ater, we have a good chance of getting funding. The next meeting that they will have will be on July 31st, 7:30 and we will pursue it from there. That's about all. SUPERVISOR MURPHY: Thank you, Paul. Jean? COUNCILWOMAN COCHRAN: Last evening I to spoke the So~thold-Peconic Civic Association and my topic was, "Your Government and Mine." But they did. have one suggestion that they'd like to make. They would like to see the name on the Senior Citizen/Youth Center in Peconic changed to "Community Center," Since it is used by many many groups within the community. Also, on Tuesday, the 10th of this month, I accompanied Supervisor Murphy, Superintendent of Highways Ray Dean and Jim McMahon to Groton, Connecticut to view a recycling plant and its operation. As Frank can attest it was a~very interestir~g~iday,~ I ,~hink we learned a great deal, and I'm sure it will be part of oUr fu(Ur~ pia~i~g amd the landfill will be looking at the weighing the benefits of the costs and the benefit. On the 10th also as Chairperson of the Recreation Committee I met with Mr. Murphy and Jim McMahon to begin., gathering data and information to allow us to organize a town-wide recrea- tion program which would be amicable for all ages, and as soon as this data is collected a meeting of the full committee will be called. Under Commerce and Industry, we again met with Mr. Dave Mudd and Mr. Richard Cart, Jim'McMahon and Kevin" Connelly, who is the Administrative Director of the Suffolk County Industrial Develop- ment Agency. This agency--it's purpose is to aid, enhance and attract businesses and industrial development within the county through the issuance of Industrial Development Bonds. So you'll be hearing more on that in the future I'm sure. Also~ . as Chairperson for the Town's "Be Smart, Be Save, Buckle-Up" safety belt program, as I'm sure many of you are aware Governor Cuomo has signed mandatory' use of seat belts into effect, into law. I will be meeting with the county coordinator Eileen Kramers on Thursday and you will be hearing much more as far as the Town-wide program in the future. Thank you, Frank~'.-' ' SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards? JUSTICE EDWARDS: Just that Fishers Island is over-crowded and our biggest concern now is getting the Department of Motoi~ ~Vehicles over to the Island. They were supposed to come in June but because of tl~e new photographing of your driver's licenses they postponed it and we hope to get them over there in July because the people on the Island will either have to fly to Riverhead, Hauppauge or take a train down to White Plains to get their driver's license done, so we're trying to get Motor Vehicle over on the Island sometime this summer to service basically the people on the Island, not the people from New York City, because they can take care of that during the winter, but that's the biggest concern on the Island. We're busy, our mooring permits total over eighty~ We've brought in over twenty-five hundred dollars, I think, in permit money to the Town to pay for~our bay constables. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Judge. I'd just like to comment on--Jean made the comments that Ray and I and Jim McMahon and Jean went up lo Groton, Connecticut. One of the inte~resting aspects of this, in the City of Groton, and many of the neighborhoods around there, they have mandatory recyclinq, which means they do not and will not take into the landfill paper, cardboard, glass or cans. This is what's ,going on around. They have many of the same problems we do and one of the advantages of going around to see different communities is that you learn an awful lot. We were able to help them out and they helped us out quite a bit. As you could see, the Town Board's been very busy and we're moving along well. The summer season is here. Last weekend probably set records for the Police Department as activities were around, that people were all over the place. Ii. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on the agenda, public notices. 1. Application of Bayview Development Corp., Sea Cliff, 'for a Tidal Wetlands Permit to place 9750 cubic yards of clean upland fill to raise grade of property. Construct 33 unit condominium development on 8.45 acres. Construct swimming pool and deck 30 ft. landward of mean high water. A variance is requested from Part 661, Tidal Wetlands Use Regulations from the minimum setback of 75 ft. required by the Development Restrictions for the swimming pool and deck. Project is located south of Main Bayview Road, between property of Green and Victoria, on Corey Creek. Southold. SEQR lead agency is Southold Town Planning Board. Contact Charles Hamilton, New York State DEC, no later than August 3rd for any comments. This is posted on the Town Clerk,'s Bulletin Board for anyone who's interested in it. III. COMMUNICATIONS. SUPERVISOR MURPHY: Moving on to the third item on the agenda, communicatio~'s. 1 (a) and 1 (b). Two requests when they go out to bid--which will be very shortly--for the rebuildin9 of the Jockey Creek or the Oaklawn Road Bridge over Jockey Creek, that we try to get the inlet dredged. We are working on that and also as a sidelight, we are in the process of--we have signed a contract with Mr. Prechtl for some land on Lower Road, which will, hopefully, take care of the biggest part of the runoff and it 'will stop the silt f~om running into Jockey Creek which is probably the biggest polluter down there. Number IV, we have public hearings s~heduled in five minutes so we'll move on to item V on the agenda, Resolutions. Who'~ould like to offer the first one? V. RESOLUTIONS. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town ~-$outhold hereby 9rants Ilene 314 JULY ~7~ 1984 Pfifferling, Clerk-Typist in the office of l~he Community Development Agency and Town Trustees, her Step Itl salary increase in the amount of $500.00, effective August 1, 1984. SUPERVISOR MURPHY: Any questions? (No response.) 1.-Vote of the Town Board: Ayes: Councilwoman Cochranr Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURP~HY: Number two is to appoint the chairperson of the Water Advisory Committee. We had a letter comer they met last night, and .we have ,a letter from their Secretary: The Southold Town Water Advisory Commitee, at a meeting on July 16, 1984, voted unanimously to recommend to the Town Board to appoint Franklin Bear as Chairman for the Water Advisory. Committee. I would like to offer that resolution. Moved by Supervisor Murphy, seconded by Councilman Townsend~ it was RESOLVED that the Town~ Board of the Town of Southold hereby appoints Franklin Bear Chairperson of the Southold Town Water Advisory Committee until December 31, 1984. SUPERVISOR MURPHY; Any questions? (No response.) 2.-Vote of the Town Board: Ayes: CouncilWoman Cochranr Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend r Supervi_sor Murph'~. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: 'Number 3. Moved by Councilman Schondebare, seconded by Cou,ncilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby establishes a time limit of five (5) minutes for individUals to address the Town Board at a Regular or Special Meeti~g~ and ten (10) minutes for a Public Hearing. SUPERVISOR MURPHY: Any questions on it? COUNCILMAN TOWNSEND: Yes. I feel that personally I'm not in favor of this resolution. I feel that we can regulate these things prior to the public meetingw and if for instance it's a small group and we have time we don't need to have any regulation. If it's a very large group, ten minutes is an awful long time for one person to speak if you're going to hear fifty people. I think it's something the Chair should regulate at the time of the meeting. Set down ground rules befO're the meeting. By fixing it in'stone, so to speak, doesn't give us any latitude to work, so I'm going to vote against. COUNCILMAN STOUTENBURGH: I would go along with Joe. SUPERVISOR MURPHY: Jean? : COUNCILWOMAN COCHRAN: I would too. , i think we discussed this at the last Board meeting and felt at the discretion.--of the Chair. SUPERVISOR MURPHY: Judge Edwards, any comments? JUSTICE EDWARDS: I will not vote yers on this resolution. SUPERVISOR MURPHY: We're ready to vote. COUNCILMAN SCHONDEBARE: I like it. 3.-Vote of the Town Board: Ayes: Councilman Schondebare. Noes: Councilwoman Cochran, Councilman Stoutenburgh, Justice .Edwards, Councilman Townsend, Supervisor Murphy. - This resolution was declared LOST. SUPERVISOR MURPHY: Number 4 is to set a public informational meeting. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby sets 3:35 P.M., Tuesday, July 31, 1984, Southold Town Hall, Main Road, Southold, New York as time and place for a Information Meetin9 relative to the possible establishment of a Captain Kidd Water District. COUNCILMAN SCHONDEBARE: Question. Now, are we going to have--who are we going to have here? Are we going to have our Town Attorney here? Are we going to have H2M here? SUPERVISOR MURPHY; H2M at the present time will not be here. We will have questions answered by .H2M and a report from them. We will have somebody, I JULY 17, 1984 believe, from the Water Advisory c0mr~itt~d'f Southold TOwn and from Suffolk County Health Department .... COUNCILMAN SCHONDEBARE: Yes, but they're going to start questioning the report of H2M and if no one's here from H2M, who's going to answer those questions? The whole purpose of having an information hearing was they don't like the report, some of them. So they have questions on that report~ Who!s going to answer their q uesiions ? SUPERVISOR MURPHY: we are trying to get the questions on the report all answered. We'll have a list of everything on the report as a synopsis of what the report says. Will be made up for distribution to the people in Captain Kidds before the meeting. COUNCILWOMAN COCHRAN: Frank, that doesn't allow for give and take within a meeting. COUNCILMAN SCHONDEBARE: Th'ey're going to be here with their questions that they thing--it's my understanding they think this is going to be H2M is going to" be here and they can ask the questions. If they aren't going to show of--- SUPERVISOR MURPHY: Okay, we're going to have to authorize' payment to H2M to come out here. We've used up their contract--they have used it up. -~ COUNCILMAN SCHONDEBARE: How much? : SUPERVISOR MURPHY: I'll §et a figure. I!m sure in the neighborhood of $250.00. COUNCIt. MAN SCHONDEBARE: For $250.00 I'd §o for it.' SUPERVISOR MURPHY: Joe, would you have_any objections? COUNCILMAN TOWNSEND: No. SUPERVISOR MuI~PHY: Paul? COUNCILMAN STOUTENBURGH: No. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: No, I think H2M should be here. looking for. SUPERVISOR MURPHY; Ray? JUSTICE EDWARDS: They should be here. That's what they're SUPERVISOR MURPHY: Okay. Want to vote on it? 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 Francis J. Murphy appointed Deputy Supervisor Frank A. Kujawski, Jr., as his Deputy Emergency Preparedness Coordinator for the ToWn of Southold for the term July 17, 1984 through December 31, 1984, to serve in such capacity with- out compensation. SUPERVISOR MURPHY: Number 6, lead agency. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it-was RESOLVED that the Southold Town Board declare itself'lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Ludwi9 Beaker for a Wetland Permit on certain-property located off the north side of Pine Neck Road, on Jockey Creek, Southold, New York. SUPERVISOR MURPHY: Any questions on it? (No response.) 6.-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 7 is another lead agency. Moved by Councilman Stoutenburg.h, seconded by Councilwoman Cochran, it'was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Jol~ DiCarlo for a Wetland Permit on. certain property Iocasted at the end of Terry Lane, on Town Creek, Southold, New York. SUPERVISOR MURPHY; Any questions? (No~ response.) 7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, . Councilman Townsend, SupervisOr Murphy. This resolution was declared duly ADOPTED_. 8. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State EnvirOnmental Quality RevieTM Act in the matter of the application of Janet Maddams for a Wetland Permit on certain prol~erty located off east side of Oaklawn Avenue, on Jockey Creek, Southold, New Y0rl~-:¥ SUPERVISOR MURPHY: Any questions? (No response.) 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. SUPERVISOR MURPHY: Number 9 is set the salary of the Deputy Supervisor. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, WHEREAS, it is required by.Section 27, Subdivision I of the Town Law that the Town Board fix, from time to time, the salaries of all officers and employees of the Town, whether elected or appointed, and determime when the same shall be payable, now, therefore, be it RESOLVED that the annual salary of Frank A. Kujawski, Jr., Deputy Supervisor of the Town of Southold, be and hereby is set at $1,760.00 per annum, effective July 3, 1984~, and the same shall be paid in regular semi-monthly payments. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Is that the same salary, that we paid our prior Deputy Supervisor? SUPERVISOR 'MURPHY: Yes. He gets half and the other guy gets half, plus three days. Any other questions? COUNCILMAN TOWNSEND: Yes, one question. On t. he other Deputy Supervisor, he's resigning the post. SUPERVISOR MURPHY: He has resigned. COUNCILMAN TOWNSEND: And the payments--and it has been determined that his payment is pro-rated, is that the way it's worked? I mean, he's going to returns-it's an annual salary, it's not necessarily paid out-- SUPERVISOR MURPHY; It's paid semi-monthly, twice a month. COUNCILMAN TOWNSEND: Bi-weekly. COUNCILMAN SCHONDEBARE: So actually he already got half and Frank is going to get the other half. SUPERVISOR MURPHY: He was taken off the payroll July 1st. COUNCILMAN STOUTENBURGH: In other ~rords, he wasn't paid the lump sum. SUPERVISOR MURPHY: Oh, no. ' 9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. Th!s resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 to authori~.Mattituck Senior Citizen Club. 10. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of'the Town of Southold hereby authorizes-the Senior Citizens Club of Southold Township, Mattituck Unit, to engage one (I) 49 passenger bus, at a total cost of $350.00 ($200.00 to be paid by the Town and $150.00 to be paid from Mattituck Senior Citizen Club funds), to transport their group to New York City on December 12, 1984, and be it further RESOLVED that the Town Board grants permission to the gro(~p to park their cars at the Senior/Recreation Center parking lot, Peconic, on that day. COUNCILMAN SCHONDEBARE: We get reimbursed the $200.00, right? SUPERVISOR MURPHY: They pay the bus company, we don't pay the bus company, JULY 17, 1984 we just pay our share. TOWN CLERK TERRY: $150. 00. We will pay $200.00 to the bus company and they will pay 3 I7 COUNCILMAN SCHONDEBARE: Okay. We don't get reimbursed that $200.00 in some other fund? SUPERVISOR MURPHY: the Aging. COUNCILMAN SCHONDEBARE: COUNCILMAN STOUTENBURGH: COUNCILMAN SCHONDEBARE: SUPERVISOR MURPHY: No. Oh, that comes in as income from the State Office of Okay. that's what I'm saying. That's been budgeted. It's not coming out of the taxes? 10.-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. 12. SUPERVISOR MURPHY: One more we'll do, the Mattituck Senior Citizen Club again for another trip. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Senior Citizen Club of Southold Township, Mattituck Unit, to enqage one (1) 49 passenger bus, at a total cost of $350.00 ($200.00 to be paid by the Town and " $150.00 to be paid from Mattituck Senior Citizen Club funds), to transport their group to New York City on December 19, 1984, and be it further RESOLVED that the Town Board grants permission to the group to park their cars at the Senior/Recreation Center parking lot, Peconic, on that day. SUPERVISOR MURPHY: Any questions? (No response.) 11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoute~nburgh, Justice Edwards, "C:ouncilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time I'd like a motion to recess the regular meeting and to open the regular public hearings scheduled for today. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was RESOLVED that a recess be called at this time, 3:25 P.M.,, ~for the purpose of holding the following publi~ hearings: 3:25 P.M. Reconvened Publi'c'Hearing on "A Lo~:al Law in relation to permits and licenses .for vehicles transporting refuse into Town disposal areas anti'penalties for offenses:' 3:30 P.M. - Public Hearing on "A Local Law to provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code." 3:35 P.M. - Public Hearing on the Petition of Edward J. Nalbantian and Charles A. Nalbantian' for relief from the Bulk Requirements of the Zoning Code. 3:40 P.M. - Public Hear-lng on -the Petition of Briscoe R._ Smith for relief from the Bulk Requirements of the Zoning Code. 3:45 P.M. - Public Hearing on "A Local Law in relation to the regulation of housebarges and residential boat uses in the Town of Southold." 3:50 P.M. - Public Hearing on "A Local Law in relation to permit fees for signs." Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman.Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADO'i~TED. Regular Meeting reconvened at 5:20 P.M. SUPERVISOR MURPHY: We will reopen the Regulat Town Board meeting proceed to Resolution No. 12. Moved by Councilman Townsend, seconded by Supervisor Murphy, WHEREAS, this Board has learned with deep sorrow of the death of former Landmark Preservation Commission Chairman Kenneth Godfrey, and WHEREAS, in his service to the people of the Town of Southold as a leading force .n the drafting and institution of the Landmark Preservation Law of the T6wn, and untiring Chairman of the Commissio~, Mr. Godfrey distinguished himself as~,a dedicated and, conscientious public servant, and WHEREAS, the Town Board of the Town of Southold wishes to give formal' expression of its of Kenneth Godfrey, a man esi ~ssociates and 318 JULY 17, 1984 respected by all, now, therefore, be it RESOLVED that when the Town Board adjourns this day, it does so out of respect to the memory of Kenneth Godfrey, and be it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting and a copy be transmitted to the family of Kenneth Godfrey, that we may extend to them our sincere sy. mpathy. COUNCILMAN TOWNSEND: I'd like to add, although it's not part of the resolutioh, I'd like to add that I've known Ken for a long time, that he worked on this Landmark Preservation Law when he was very ill and it took most of his remaining energy I'm fully convinced so I think the resolution is in order. SUPERVISOR MURPHY: I would like to second it, Joe, and agree with you. ~ was here when he first came and started it and he was a fabulous man. Any questions? (No response.) 12.-Vote of the Town Board': Ayes: .Councilwom~n Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 13. SUPERVISOR MURPHY: Number 13 authorize'to attend a seminar. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of SOuthold hereby authorizes Ordinance Inspector Curtis W. Horton and Fire Inspector Robert A. Fisher to attend a Hazardous Materials Management Seminar, sponsored by the Suffolk County Department of Emergency Preparedness on September 5th and 6th, 1984, and any costs for transportation or meals shall be a legal charge against the Building Department Contractual Account. SUPERVISOR MURPHY: Any questions? (No response.) 3.-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 14, authorize' Southold Senior Citizen Club. Moved by Justice Edwards, seconded by Councilwoman Coch'~an, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Senior Citizens Club, inc. to engage one (I) bus, at a cost of $320.00 to transport their group to Westbury, New York to attend the Perry Como Show on Wednesday, August 15, 1984. COUNCl ~ILMAN SCHONDEBARE: Question. This one doesn't have a break-down. The last one they were going to pay so much and the Town paid so much. Is this coming out of the--- SUPERVISOR MURPHY: They all-~the clubs, all three clubs, received "X"onumber of dollars based on their average attendance and they use their allocation any way they want. Sometimes they break it up. I depends on the club rules. Some things will be funded one hundred percent, some if a member wants to go they're going to have to pay part of it. 14. COUNCILMAN SCHONDEBARE: This comes out of their allocation? SUPERVISOR MURPHY: That comes out of their allocation. They're allocated "X" number of dollars. 14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schon~lebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Numbe~ 15. - 15. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby confirms their Resolution No. 2 adopted on January 3, 1984, designatin9 The Bank of New York as a depositary of the Town of $outhold, and authorizing Supervisor Francis J. Murphy to make and sign checks, drafts or other orders with respect to any funds at any time to the credit of the Town of Southold with The Bank of New York, and against any demand or savings account or accounts of the Town maintained at any time with The Bank of New York, and The Bank of New York is authorizecl to pay and debit the same to any s~ch account or ~accounts of the Town when maintained by The Bank of New York, and be it further RESOLVED that the Town Board of ~he Town of Southold hereby authorizes Deputy Supervisor Frank A. Kujawski, Jr. to act in the aforesaid respect in the absence of the Supervisor. SUPERVISOR MURPHY: Any questions? (No ~e.sponse.) 15. -Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh~ Just.ce I~d~ar~t~,-Councilman Townsend, Superwsor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to set two public hearings. 16. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board ~of the Town of Southold hereby sets Tuesday, Auc~ust 14, 1984, Southold Town Hall, ~lain Road, Southold, New York, as date and place for public hearings on the following petitions for relief from the Bulk requirements of the Zoning Code of the Town of Southold, pursuant to Section 100~31A: 8:00 P.M. - In the matter of the petition of Virginia Helen Moiler, as Executor of The Estate of John W. Moiler, with reference to a proposed minor subdivision to be knoWn as "Minor Subdivision of John W. Moiler and Dorothy Moiler," and shown as Plots 4, 5, 6, and 7 on Map of Point Pleasant, Mattituck, New York. 8:05 P.M. - In the matter of the petition of Theodore Laoudis with reference to a proposed major subdivision to be known as "Angel Shore Estates," situate at Bayview, Southold, New York. 16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Scho~debare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY; Number 17 is a resolution authorizing the application for grants for the Fishers Island Sewer District. I offer that resolution. 17. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, Town of Southoid [Fishers Island Sewer District) herein called the "Applicant," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the planning, design and construction of certain works, required for the treatment of sewage, generally described as Fishers Island Sewage Collection, Treatment and Disposal System Project consists of Construction of Wastewater System and associated construction management activites, and identified as Project Number C-36-1149-03, herein called the "Project," is desirable and in the public interest, and to that end it is necessary that action preliminary to the planning, design and construction of said Project be taken " immediately; and WHEREAS, under the Federal Water Pollution Control Act, as amended, the IJnited States of America has authorized the making of grants to aid in financing the cost of planning, design and- construction of necessary treatment works to prevent the -~. discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans and specifications in connection therewith~ and WHEREAS, Chapter 659 of the Laws of 1972 o~ the State of New York provide financial aid for the planning, design and constructi6n of Water Quality Improvement Projects; and WHEREAS, the Applicant has examined and d~ly considered the Water Pollution Control Act, as Amended and Chapter 659 of the Laws of 1972 of the State of New York and the applicant deems it to be in the public interest and benefit to file an application under these laws and to authorize', other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED BY th~Town Board 1. That the filing of application in form ~equired by the State of New York and the United States and in conformity w th the Water Pollution Control Act, as amended and Chapter 659 of the Laws of 1972 of the State of New York is hereby authorized included all understandings and assurances contained in said applications. 2. That the Town Supervisor is directed and authorized as the official rep- resentative of the applicant to act in connection with the applications and to provid~ such additional information as may be required; 3. That the Applicant agrees that it will fund its portion of the cost of said Water Quality Improvement Project; 4. That one (1). certified, copy of this REsolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the Federal and State application; 5. That this Resolution take effect immediately. 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. 18. SUPERVISOR MURPHY: Number 18 is to authorize account clerks to attend a meeting. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Account Clerks Joan Richter, Mary Bourcet and Jean Schneider to attend the Long Island Village Clerks & Treasurers Association, Inc. meeting on Wednesday, July 18, 1984 at the Stewart Manor Country Club~ to obtain information concerning the Federal Revenue Sharing Regulations in regard to the October 10 deadline for filing reports, and that the necessary expenses for meals and travel shall be a legal charge against the Town of Southold. ~ SUPERVISOR MURPHY: Any questions? (No response.) 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. SUPERVISOR MURPHY: Number 19. 19. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Mattituck Fire Department to use the followin9 Town Roads for stagin9 areas and - parade route for their annual parade and tournament to be held o~ A~Jgust 11, 1984, -- beginning at 2:00 P.M., provided .they secure the necessary insurance to hold the Town of Southold harmless: Ole Jule Lane, New Suffolk Avenue, Reeve Avenue, and Bay Avenue. '~' SUPERVISOR MURPHY: Any questions on it? (No response.) 19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, -- . Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTEDa SUPERVISOR MURPHY: Number 20 is anoth~er lead agency. 20. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Leon Marcus for a Wetland Permit on certain propeFty located at the end of Gull Pond ~--/ane~.0n Gull p~)n.d~ .Greenport, New York. ~%.: 20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: man Townsend. This resolution was declared duly ADOPTED. Council-- SUPERVISOR MURPHY: Number 21. is another lead agency. 21. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Thomas E. Samuels for a Wetland Permit on certain property located at the West side of Narrow River Road, on Hallock's Bay, Orient, New York. COUNCILMAN SCHONDEBARE: Is this another one where the DEC declares itself lead agency ? TOWN CLERK TERRY: There's information on the bottom of the resolution. COUNCILMAN SCHONDEBARE: Yes, I know what the DEC says, but I also know that they declared themselves lead agency in SEQR. COUNCILMAN STOUTENBURGH: They. couldn't because they don't have any applica- tion. COUNCILMAN SCHONDEBARE: They did. You've got Notice of Complete Applica- tion attached to the resolution--applicant Thomas Samuels, SEQR lead agency, New York State DEC. What -are we going to do, have this fellow go through the SEQR process all over again for us? They declared themselves lead agency. How many lead agencies are we going to have? TOWN CLERK TERRY; You can have more than one. COUNClI~VlAN TOWNSEND: Well, there's a motion before the floor. COUNCILMAN SCHONDEBARE: Let's vote on it. 21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenbur~l~, Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman Schondebare. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to support a bill to increase the amount we get back~ from the fines from court cases, or payment from five to ten dollars per case. 22. Moved by Councilman Townsend, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record in support of Senate Bill S 2505 A, and Assembly Bill A 3241 A, calling for the increased ULY 321 payment to municipalities to $10.00 per case, and be it further RESOLVED that the Town Clerk be and she I~ereby is authorized and directed to immediately notify Governor Marlo M. Cuomo of"'their interest in the passage of the bill and urging him to sign same into law. COUNCILMAN SCHONDEBARE: Is that criminal, civil? What is that? SUPERVISOR MURPHY: I'm not sure. Do you have any idea, Bob? per case they say. TOWN ATTORNEY TASKER: I don't know, I haven't seen the law. COUNCILMAN SCHONDEBARE: Yes, this is another one of those little things where they ask you to support a bill, this time it's a Senate Bill and Assembly Bill and they don't tell you--they don't even give you the bill. We've done this before and then we all get ahold of the bill--like the one in Martha's Vineyard and we find out it's all Martha's Vineyard. That two percent tax, and it was kind of silly and I'm going to stop doing these things unless people show me the bills. TOWN ATTORNEY TASKER: There's a letter from the Suffolk County Magistrates Association asking you to support this legislation, but we don't know what the legislation is. COUNCILMAN SCHONDEBARE: You know, we've been here before and it was embarrassing when we got that two percent thing---. COUNCILMAN TOWNSEND: Wait a second. It's ten dollars per case, but it doesn't say whether it's civil or criminal. Well, all I know is our expenses are going up in court, we keep giving our iudges more and-- COUNCILMAN SCHONDEBARE: Yes, but I want to see the bills. I'm going to stop voting on bills unless I have the bills to read.' That's all I ask. COUNCILMAN TOWNSEND: Okay, valid point. SUPERVISOR MURPHY; Good point. COUNCILWOMAN COCHRAN: 'It is a good point. SUPERVISOR MURPHY: It probably is too late. COUNCILMAN SCHONDEBARE: It's .probably already passed. SUPERVISOR MURPHY: It's proba, bly either been signed or turned down. I'm sure the governor has it. And I'm sure the governor's not going to. COUNCILMAN SCHONDEBARE:. He'll talk to you, Frank, you call him and tell him. SUPERVISOR MURPHY: I'm sure he's not going to. COUNCILMAN SCHONDEBARE: Anyway, I'm going to stop voting on bills unless I have the bill; : Anybody know? Ten dollars 22.-vote of the Town Board: Ayes: Councilman Townsend. Noes: CouncilWoman Cochran, Councilman Schondebare, Coun~:ilm~n Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared LOST. SUPERVISOR MURPHY~ l agree with you, J~y.. We should really have more information on it and unfortunately this is what: .Ihey sent down to you asking for support. ~ COUNCILMAN TOWNSEND: The only geason I'm voting for it is I see that both our Justices recommended we do that. SUPERVISOR MURPHY: Number 23 is to execute an agreement between the County and the Town. 23. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the County of Suffolk and the Town of Southold for installation of a traffic si~lnal at CR 48, Middle Road, at Westphalia Road, Mattituck, New York, all ina ccordance with the. Agreement for Installation fo Traffic Control Devices, Project C.F. 5054.16. COUNCILMAN SCHONDEBARE: Question on this one. I assume that there was a study done and the study recommended that the traffic light be installed on County Road 48? JULY 17, 1985 322 SUPERVISOR MURPHY: That's where most of the accidents were and nobody-could figure out why and this is going to be for a new signal device with a larger reflector on it. COUNCILMAN SCHONDEBARE: They did a study? SUPERVISOR MURPHY: Yes. COUNCILMAN SCHONDEBARE: State of New York or County of Suffolk? SUPERVISOR MURPHY: I believe both did. The County installs it and we pay the electrical maintenance on it. COUNCILMAN SCHONDEBARE: Wasn't there somethir~g we had just recently with the County taking over all the traffic lights? SIJPERVISOR MURPHY: Yes. COUNCILMAN SCHONDEBARE: the County takes them over? SUPERVISOR MURPHY: No. COUNCILMAN SCHONDEBARE: just did. It's going to be the same type of light that's there now? SUPERVISOR MURPHY: Bigger. COUNCILMAN SCHONDEBARE: SUPERVISOR MURPHY: Yes. COUNCILMAN SCHONDEBARE: So is this going to be the except~ion to that when We pay the electrical cost. Okay, and it falls under the agreement the County Just bigger? It's a caution-light. SUPERVISOR MURPHY: Yes, and I wouidn"t"be surprised if they put two, because of the angle of the road both ways and the road coming into it. It's like a reverse angle. It's not a good angle coming in and there have been quite a few-a~:cidents down there. In broad daylight. COUNCILMAN SCHONDEBARE: Another blink~Jight. SUPERVISOR MURPHY: I believe so, yes. In fact one of our police cars was wrecked there. 23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 24. SUPERVISOR MURPHY: Number 24 to appoint a gate attendant. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board,of the Town of Southold hereby appoints ,William S. Clark as a part-time Gate Attendant at the southold Town Landfill Site, effective immediately, at a salary of $5.00 per hour. COUNCILMAN SCHONDEBARE: Question. SUPERVISOR MURPHY: Yes? COUNCILMAN SCHONDEBARE: Is Clark replacing somebody? SUPERVISOR MURPHY: I don't know ~vhy he asked for more people. Evidentally through attrition, through someone leaving. COUNCILMAN SCHONDEBARE: How many did we allow for the Landfill? SUPERINTENDENT OF HIGHWAYS DEAN: We have two per day, but you have to have backups, or if one drops out then we can put him right in. COUNCILMAN TOWNSEND: To answer your question, we have no where near the number of people we were authorized to hire. COUNCILMAN SCHONDEBARE: All right that's my question. COUNCILMAN TOWNSEND: We were authorized to hire what? TOWN CLERK TERRY; Between twenty and twenty-five. 323 COUNCILMAN TOWNSEND: And w'hat do we have, we have six or seven or something like that. SUPERVISOR MURPHY: One gate and the two-- COUNCILMAN SCHONDEBARE: SUPERVISOR MURPHY: Right. right now. COUNCILMAN SCHONDEBARE: what you're telling me? .~ 27.-Vote of the Town Board: We use two on the weekdays and three on the weekends. The attendant and two up at the landfill. : Most of them'are only averaging three tours Okay, so Clark is going to be our. reserve, is that SUPERINTENDENT OF HIGHWAYS DEAN: Ye-s,,if they need him they'll call him. If somebody quits he's .available. SUPERVISOR MURPHY: He might be available some days he's trying to get somebody to fill in on. Any other questions? (No response.) 24.-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 25 we're going to hold and work up an agreement. (Agreement between the Town of Southold, Cross Sound Ferry Service and the County of Suffolk under the Suffolk County Revitalization Grant Program.) Number 26. 26. Moved by Supervisor Murphy, seconded by (.:ouncilwoman C;oclqran, WHEREAS, this Board has learned with deep sorrow of the death of Southold Town HiDhway Department mechanic Felix F. Swiatocha on July 9, 1984, and WHEREAS, in his service to the people of the Town of Southold since February 23, 1981, Mr. Swiatocha has distinguished himself as a dedicated and conscientious public servant, and WHEREAS, the Town Board of the Town of Southold wishes to give formal expression of its loss in the death of Felix F. Swiatocha, a man esteemed by his associates and respected by all, now, therefore, be it RESOLVED that when the Town Board adjourns this day, it does so out of respect to the memory of Felix F. Swiatocha, and be it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting and a copy be transmitted to the family of Felix F. Swiatocha, that we may extend to them our sincere sympathy. 26.-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 27, Ray would you I'ike to do it? 27. Moved by Justice Edwards, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to accept the bid of Eastern Marine, Inc., for the construction of a new ferry vessel for the Fishers Island Ferry District, in the gross amount of $1,171,612.00, and a trade-in value of MV Olinda in the amount of $125,~000.00, making a net bid price of $1,046,612.00, and be it further RESOLVED that the Town Baard h.ereby authorizes the Board of Commissioners to reserve;:the right to defer the acceptance of the alternative propos, for a period of sixty (60) days from the date of the award of the Contract, in acc)rdance with " paragraph 13 of Instruction To Bidders for Construction of Double Screw 132 Ferry Vessel. SUPERVISOR MURPHY: Any questions on it? (No response.) ., Ayes: Councilwoman Cochran, Councilm;in Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28, Jean, would you like to make it? COUNCILWOMAN COCHRAN: Yes, ! would. 28. Moved by Councilwoman Cochran, seconded by"'C~)uncilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 39, adopted on November 1, 1983, setting fees for permits for the disposal of _liquid and solid waste at the Southoid Town Landfill Site, as amended by Resolution No. 17, adopted on May 22, 1984. SUPERVISOR MURPHY: Jean, do you want to make a statement now? 324' COUNCILWOMAN COCHRAN: Yes, ! would like to. I shared the rational ~vith the Board this morning and I would like to share it again for the record. We seem to portray a double standard and we constantly- compare ourselves to other areas of Suffolk County in on--all parts of Suffolk County and the South Fork of the Island. We don't want to be like them in relation to open space and population growth. We are struggling to maintain our rural way of life, yet an argument in favor of land fees, as everyone else has done, so why not us. ! disagree. Southold Town does not provide the service of municipal rubbish collection, nor does it have a town-wide sewer system. The Town does provide the pick-up of refuse at the time of clean-up days. The balance of the year private individuals operate as local businesses to provide this much needed service. The argument collectors use the dump more is not valid. Whether rubbish is deposited by a resident or deposited by a collector, the quantity of rubbish remains the same. As a resident, if I chose to cart my own garbage to the dump I get'a free sticker. I ask why a resident that opts to use collection service be indirectly penalized by a higher cost of service as a result of the Town Board imposing dumping fees. You and I both know in today's economy it is most probable the cost will be passed on to the consumer. Use of the dump is mandated by Town Ordinances. Southold Town has in the past gone on .the theory that no fees encourages the use of the facility. We, as a part of a rural character, maintair~ clean streets and highways, due partly to the encouragement and use of our landfill: All of the Town licenses and permits are based on use by the applicant in the area of landfill, only a selected group of users is being charged. The estimated revenue budget !figure in relation to landfill fees is fourteen thousand. If this resolution is rescinded, the Koss of this revenue is more than made up as a result in the increase in plan- ning fees. That budget figure was set at twenty thousand and it's already, after seven months at a level of forty-seven thousand. In relation to septic waste, it is my opinion a fee mi§hr be feasible at the time the scavenger waste plant goes into operation. Also if Southold Town goes into a recycling project, the refuse collected is usually paid for materi-als that can be recycled. It may be feasible at that time to levy a fee, but at this time I am against the imposed landfill fees.-. Circumstances sometimes dictate change. I think that it is a negative way to raise fourteen thousand dollars to offset a budget of close to a half million. We talk about Southold's heritage. Heritage is created by the people. Part of our heritage is taking the time to consider our neighbor's.plight. It is my feeling local govern- ment should, when able, support small local 'businesses, rather than instituting additional burdens. That was the statement_that i wanted to make. I would also like to say to those that are interested that~th_is was fully discussed this morning at our Work Session and the Landfill ' Committee will be' meeting at 8:00 A.M. on Tuesday in Mr. Dean's office to review and..possibly modify the landfill fees as they now stand. Thank you. SUPERVISOR MURPHY: Thank you, Jean. COUNCILMAN TOWNSEND: Basically this is sort of a repeat of what i said in response to Jean's. comments this morning. Alth~)ugh I don't have a formal speech, I've certainly given it a lot of thought over the years and Southold Town is subject to the same pressures as the other towns that are all charging fees now and that's because we've all been forced to make certain improvements. The DEC has mandated that we clean up our .act. Now the cost of running a landfill is considerably more than it was when we were bearing it in the Department of Public Works basically. I mean, the Road Department. 1/~ have a significant amount of bonded indebte~lness to pay off and also we have to pay for the cost of the necessary controls to run the Landfill the way DEC mandates that we run it. I think it's unfair to leave that on the tax base, because in certain instances there are commercial enterprises that make significant amount of money using the landfill and they don't pay a proportionate amount of taxes. In some instances they'll be using a significant percentage of that Landfill over a course of time and I feel that when you relate that to some homeowner that may drop his own garbage off, or Fishers Island, which doesn't use it at all, as the point was made, or someone that pays taxes that doesn't use the Landfill, it's only fair that they pay a user fee as well as a tax fee. I agree With the comment that was made this morning that perhaps we should.have put a fee on a sticker for that. I felt so-at the time that it might have been a more appropriate use and more equitable use if everybody paid for the landfill, but that wasn't the feeling of the Board at the time apparently so we let it go. To sum it up I feel that along with Jean, that while I'm basically in agreement that we should have a system of charges, I feel that some of the charges have been ill conceived, i agree with her and have from the beginning on the scavenger waste that goes in the Landfill, that we should have waited until we started running it before we put that in there. I agree that ! think we're charging certain small contractors too much money for the percentage--for the amount of time they use the Landfill, the same thing's true of farmers and I think the same thing's true of fishermen. I think that we can modify these costs and make it more equitabl~ and that's what we're going to try to do within the Landfill Committee. But basically I think it's fair to charge commercial users for the use of the Landfill. That's all I have to say. SUPERVISOR MURPHY: Jay, anyone else? Any other comments? COE Tue CO~. COl. COl. To Table ~CILMAN SCHONDEBARE: B,a~i~!~l~e~fa~hat,.we're going to met on '.d. ay to amend our resolution No. 39, do you now, Jean, want to table this? NCILWOMAN COCHRAN: Yes, yes, okay. NCILMAN SCHONDEBARE: I would move then to table it. NClLWOMAN COCHRAN: All ~ight. .. 28. Moved by Councilman Schondebare, seconded by Supervisor Murphy, it was RESOLVED that Resolution No. 28 be and hereby is tabled. 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 29 is to renew the trailer permit of John Tuthill. 29. Moved by Supervisor Murphy, seconded by ~l'bstice Edwards, it was RESOLVED that the application of John C. Tuthill for renewal of his single family house trailer permit, which expires on July 19, 1984, for trailer located at east side of Elijah's Lane, Mattituck, New York, be and hereby is 9ranted for a six (6) month 29.-~ote of the Town Board: Ayes: Councilwoma~ Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murph..y. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is transfer of funds. 30. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 transfers within the General Fund Whole Town 1984 Budget: From: Beaches, Contractual Expenses .......................... $2~000.00 Into: Off Street Parking, Contractual Expenses ............... $2w000.00 (to provide budgeted monies for off-street parking areas - oiling of the parking areas at Town Beaches.) From: Contingent ............................................. -$1,500.00 Into: Supervisor, Contractual Expenses ...................... -~1,500.00 From: School Attendance Officer, Personal Services ............ $ 21.00 Into: Civil Defense, Contractual Expenses ................... $ 21.00 SUPERVISOR MURPHY: Any questions? (No response..) 30.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwardsr Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is a transfer of funds also. 31. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold herebyauthorizes the followin9 transfer within the General Fund Part Town 1984 Budget: From: Contingent--r ....... -$ 3,000.00 Unallocated Insurance- ................................. $10,000.00 Into: Planning, Contractual Expenses ......................... $!3,000.00 COUNCILMAN TOWNSEND: Frank, I assume this is for Emilita? SUPERVISOR MURPHY: This is for Emilita, yes. 31.-Vote of the Town Board: Ayes: 'Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards--- " COUNCILMAN TOWNSEND: at this point? i'm sorry, SUPERVISOR MURPHY: Go ahead. COUNCILMAN TOWNSEND: Unallocated insurance. unallocated ? SUPERVISOR MURPHY: Joan had a surplus in that. dollars for Dave Emilita. i have a question. Is it appropriate to ask that question I know Robert's Rules. How did you determine what is We have to find ~hirty thousand COUNCILMAN TOWNSEND: I know, I'm just ~ondering if that's an appropriate spot to find it. '~ SUPERVISOR MURPHY: Well, she felt it is, yes. JULY 17, 1985 31.-Vote of the Town Board continued: Ayes: Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32, lead agency. 32. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application, of Charles J. Galligan for a Wetland Permit on certain property located at 150 Westview Drive, on Mattituck Creek, Mattituck, New York. 32.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, .Councilman Townsend, S~pervisor Murph This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33. 33. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to send a certified letter to Republic Insurance Company, New York, New York, providin9 formal notice of default regardin9 the performance bond No. 917249, Highland Estates, Cutchogue, with respect to the incompleted improvements. 33.-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 34. 34. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby permanently appoints Police Officer Howard W. Sawicki and Police Officer Kevin Lynch, effective August 10, 1984, and Police Officer John Baglivi,' effective August 2'7, 1984.. 34.-Vote of the Town Board: Abstain: ~.Cour~cilwoman Cochran. Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I think there's going to be three people very happy ne~l~' month. Joe, do you want to do Number 35? 35. Moved by Councilman Townsend, seconded by Supervisor Murphy, WHEREAS, Frederick C. Fischer has voluntarily 9iven of his time and talent in the preparation of a Table of Organization of Southold Town Government, and WHEREAS, this Table of Organization of Sodthold Town Government, prepared by Frederick C. Fischer, is a unique and valuabl~ source of information which Will be used to educate the public on the terms and duties of the various elected and appointed officials of the Town of Southold;"i~ow, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby extends to Frederick C. Fischer their wholehearted thanks and appreciation for his public spirited contribution to the Town of Southold. COUNCILMAN TOWNSEND: It is a very concis~:~listing of the public officials and the Boards and their position in Town Government and their duties and it took him a long time and he expressed his thanks to our Town Clerk Judy Terry for her-- the great amount of time she dedicated to this particular project. 35.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. ~ SLIPERVISOR MURPHY: Number 36, would you like to act on the proposed local Law No. 7, which is the Local Law in relation to permits and licenses for vehicles transporting refuse into Town refuse disposals areas and penalties for offenses?" 36. COUNCILMAN SCHONDEBARE: I wouldn't get that until we do that on Tuesday and work it out. SUPERVISOR MURPHY: Okay. Would you like to make 36 on the fire code? Would you like to do that? Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, a proposed Local Law No. 7 - 1984 was introduced at a meeting of this Board held on the 3rd day of July, 1984, and WHEREAS, a public hearing was held thereon by the Board on the 17th day of July, 1984, at which time all interestebl~'~i~§~ri$~wei~e given an opportunity to be heard thereon, now, 'therefore, be it RESOLVED that Local Law No. 7- 1984 be enacted as follows: LOCAL LAW NO. 7- 1984 A Local Law to provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code BE IT ENACTED by the Town Board of the Town of Southo~d as follows: The Code of the Town of Southold is hereby amended by adding a new chapter thereto, to be Chapter 25 to read as follows: Section 25-1. T~tle This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." Section 25-2. Purpose Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1, 1984, and which every local government shall administer and enforce on and after such.~ate. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold. Section 25-3.' Administrative and Enforclng Officers. A. It shall be the du~y of the B~uii~l'~ng Inspectors (hereinafter referred to as the Building Inspector) to administer and enforce the Uniform Code and the provisions of this chapter. B. In addiction to the Inspectors, a~.provided by subdivision A of this section~ the Town Board may appoint one (1) Assistant Inspector for each of the fire districts ~ in the Town who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one (1) year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations 'made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections I~or compliance with the fire prevention provisions (Chapter C) of the Uniform Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Buil~ling Inspector. Se.c. tion 25-4. Conflicts Where the provisions of this chapter conflict wi~h or impose a different . requirement than any other provision of the Southold Town Code, or any rule or. regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern· Section 25-5. Duties and powers of Building Inspector. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, tt~e Building Inspector sh,,ll administer and enforce all the provisions of the U~iform Code and regulations applicable to the construction, alteration, repair, removal and demolition of bui~ding~ and structures, and the installation and use of materials and equipment therein, and the location,-use, occupa~cy and maintenance thereof. He shall' receive applications and issu~ permits for the erection. alteratio~ removal a~d demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code and other laws. ordinances and regulations governing building construction. He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure .compliance during the entire course of construction with the requirements of the Uniform Code and other applicable laws, ordinances or regulations. He shall make all" inspections which are necessary or proper for the carrying out of his duties. 328 OULY 17, 1985 D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building: construction, he may require the performance of tests in the field by experienced, professiona persons or by accredited and authoritative testing laboratories or service bureaus or agencies.' "" 'Section 25-6. Oepartment records and reports. A. The Building Inspector shall k~ep permanent, official records of all transactions and activities co'iid, ucted by him, including all applications'-received, permit, s and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records, open to public inspection during business hours. B. T~e Building Inspector shall, -as directed, submit to the Town Board a written report and ,summary 'of ali business conducted by him, .including permits and certificate's issued, fees collectecl, orders and notices promulgated, inspections and tests made and appeals or litigation pending. Section 25-7. Cooperation of other departmen-ts. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising ~ny jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. Section 25-8. Application for building permit. A, No person, firm or corporation shall commence the erection, construction, enlargement, alteration, . removal, improvements, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, w'ithout first obtaining a separate building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature. Application for the building permit shall be made to the Building Inspector on forms provided by him and shall ~ontain the following information: (1) A description of the land on which the proposed work is to be done; (2) A statement of the use or occupancy of all parts of the land and the building structure; {3) The valuation of the proposed work; (4) The full name and address of the owner and of the applicant, and tile names and addresses of their responsible office'rs if any of them are corporations; (5) A brief description of the nature of the proposed work; (6) A set of plans and specifications, in triplicate, as set forth in Subdivision C of this section.~ and (7) Such other information as may reasonably be required by the .Building Inspector to establish compliance of tile proposed work with the requirements of the applicable building laws, ordinances and regulations. Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. C. Plans and specifications. Each application for a building permit shatl be accompanied by three copies of ~plans and specifications, including a plot plan, drawn to scale, showing tile location and size of all proposed -new construction and all existing structures on the site, the ~ULY 17, 1985 nature ~nd character-o~ the' work i'to be performed and the materials to be incorporated, distance from lot lines, the -relatiopship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress, diagrams and other essential technical data. Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, is of complex design, the Inspector shall require the applicant to file an affidavit signed by a licensed architect or engineer certifying that the plans and specifications comply with the provisions of the Uniform Code-as in force on the date of the application, In such case the Inspector may, in his discretion, employ a licensed architect or engineer to examine the plans. The amount by which the cost of such examination, not exceeding one half (½) of the permit fee required, shall be added to such permit fee and paid by the applicant before the permit shall bA" issued. In the event the Inspector employs a licensed engineer or architect under, this subdivision, the Inspector may 'rely upon tt~e advice of such architect or engineer as to whether such plans and specifications comply with the Unform Code. (b) Whenever the plans accompanying an applicaLion are for a structure which, in the opinion of the Inspector, is of complex design, the Inspector may, in his discretion, issue the permit subject to the condition that an architect and/or engineer whose qualifications are acceptable to him (and who may be already employed by the owner or builder) be employed by the owner or builder to supervise all work done under the permit, to see that the work conforms with the approved plans and specifications, and forthwith upon its completion to make and file with the Inspector an affidavit or affidavits that he or they have complied with ;ail inspection requirements of this chapter and that the~ work has been carri,'~d out according to the approved platis and specifications and in accordance with the provisions of the Uniform Code. In such case the Inspector may rely upon such affidavit or affidavits as evidence that such building conforms substantially to the appro, ved plans and specifications and requirements of the Unifo~:m Code applying to buildings of its class and kind. (2) Plans and specifications shall bear the signature of the person responsible for the design of the drawings. (3] In cases where the proposed work can otherwise be shown to _. comply with all requirements of the Uniform Code and other building laws, ordinances and regulations, the Building Inspector may waive the requirement for filing plans .... Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building ! n specto r. Section 25-9. Issuance or denial of building permit. A. The Building Inspector ~halt examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He' shall approve or disapprove the application within'-a'.'reasonable time;- and in all events 'within ten (10) business days. Ce Upon approval of the application and upon receipt of the legal fees therefor, h,e shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his legal signature to be affixed thereto. Upon approval of the application, two sets of plans and specifications shall be endorsed with the word "approved." One (1) set of such .approved plans and specifications shall be retained in the files of the-Building !nspector and the other set shall be 33O JULY 17, 1985 returned to the.applicant, together with the building permit) and shall be kept at the building site, open to inspection by the Building Inspector or' his authorized representative at all reasonaiSte t ir/~es. D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not.. conform to all the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor,- to be transmitted to the applicant in wr!ting. Section 25-10. Performance of work un'der building permit. A. A building permit shall be 'effeCtive to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of eighteen (18) months after the date of its issuance. For good_ cause, the Building Inspector may allow an extension for a period not.~exceeding six (6) months. -'.- B. The issuance of a building permit ~'hall constitute authority to the applicant to proceed with the work in accordance with the approved pla~s and specifications and in accordance witt~ the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to tile approved application, plans and specifications. Section 25--11. Building permit fees. A. Upon ~'iling of an application for a building permit, fees shall be paid in accordance with Section 100-141 of the Town Code. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of fifty percent (50%) of the fee paid, provided no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. Section 25-12. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that -there has been any false statement or misrepresentation as to a material fact in the application, pl_ans or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. C. Where he finds that the work perform'ed under the permit is not being prosecuted in accordance with the provisions of the application, plans or ~pecifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. Section 25-t3. Stop orders· Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is .being prosecuted itl violation of the provisions-' of.-the ~Uniform Code 'or .-other applicable building laws; ordinances or regulations and not in conformity with the provisions of an applica'tion, plans or specifications on the basis of which a building permit_ was .issued,. or -in an unsafe-and dangerous manner,- he shall notify the owner of the property, or the owner's agent, or the person ' performing the work, to suspend 'all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been resci'nded. ~Such order and notice shall be in writing, shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same .upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. '.~ Section 25-14. Right of entry. ~ ~. . Any building inspector,:upen~.:~ith~i~Sl~owing :of~ :proper credentials and in the discharge of his duties, m-ay enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. Sedtion 25-15. Certificate of occupancy. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Buildi~g Inspector. No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing .such chancre shall have been issued by the Building Inspector. D. The owner or his agent sl~all make application for a certi[icate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of tl~e registered architect or licensec~ professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of t~is experience, is qualified to supe.-inter~d the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Unform Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. : Section '25-16. Inspection prior to issuance of certificate. A. BefOre issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair,, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time tq time during and upon completion of the work for which a building p~r.mit has been issued. B. There shall be maintained by 'the Building Inspector a record of all such -examinations and inspections, together with a record of findings of violations of the Uniform Code and other applicable laws. -- · : *' Section 25-17. Issuance of certificate O~..occupancy. A. When, after final inspection, it is fo~Jnd that the proposed work has been completed in accordance with .the Uniform Code and other applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector, upon the payment of the fees specified in Section 10~-144 of the Town Code, shall issue a certificate of occupancy upon the form provided by him. ~f it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the Uniform Code and other applicable building regulations. B. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the Uniform Code and other applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. Section 25-18. Temporary certificate of occupancy. Upon request, and the payment of a fee of $15.00, the Building Inspector may issue a temporary certificate of occupancy for a building 332 Ju,,Y 985 or structure or part thereof before the entire work covered by the building permit shall have been completed, provided such portion or portions as have been completed may be occupied safely Without endangering life or tile public welfare. Section 25-19. Tests. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requiremen[s of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. Section 25-20.. Penalties for offenses; exceptions, A. It shall be unlawful l~or any persgn, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy' or maintain any building or structure or portion thereof in.. violation of any provisions o.f this chapter, or to fail in any manner to comply, with a notice, directive or order of the Building ._ Inspector, or to construct, alter or use and occupy any building or -structure or part thereof in a manner not permitted by an approved building permit or Certificate of occupancy. B. For each offense against any ~f the provisions of the Uniform Code or...of._this,..chapter 0r...any .~'egt]lations made pursuant thereto, or failure to comply with a written notice or order of any BUilding Inspector within the time fi~ed'"f0~' compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other, person who commits,, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Insl~ector shall, .upon a first conviction thereof, be guilty of a violat[b.r~ punishable by a fine of not e×ceeding five hundred dolla, rs [$500.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or imprisonment for a period not. to exceed fifteen (15) days, or both such fine and imprisonment. ..- .-.... _. Section 25-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section. Ii. The Southold Town Fire Prevention Code, constituting Chapter 45 of the Southold Town Code,: and the Housing Code of the Town of Southold, constituting Chapter 52 of the Southold Town Code' are hereby .repealed. III. This local Jaw shall take effect upon' 'itS"'fJling ~'ith the Secre~-ary Of State. 36.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilmon Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 37 I would like to move and I assume will ~ vote no. 37. Moved by Supervisor Murphy, seconded by Councilman Townsend, WHEREAS, a proposed Local Law for'1984 was introduced at a meeting of this Board held on the 3rd day of July, ,1984, and WHEREAS, a public hearing was held thereon by ~he Board on the 17th day of July, 1984, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that proposed Local Law for 1984 be enacted as follows:- LOCAL LAW - 1984 - A Local Law in relation to the regulation of housebarges and residential boat .uses in the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold, as 'follows: JULY 17, 1985 1. Ar:ticle IV of Chapter 32 (13oat~i.~Docks-and Wharves) of the Code of the Town of Southold is renumbered Article'¥ and Sections 32-40, 32-41, 32-42 and 32-43 are renumbered 32-50, 32-51, 32~52 and 32-53, 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~'' ~- HOUSEBARGES AND RESIDENTIAL BOAT USE 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 problems if their proliferation remains unchecked. The Town Board recognizes that the waterways surrounding the Town are one of the primary recreation areas on Long Island. They are used for swimming, fishing and boating by many of the local residents and visitors. Furthermore, waterways are a major commercial resource providin9 food and employment for the harvesters of fish and shellfish. It is well known that shellfish taken commercially from said waterways are distributed to all parts of the Eastern Seaboard. The Town of Southold has expended large sums to develop and protect the harvestable clam stock. 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 polution in._these waterways is of constant concern. The potential influx' of craft and vessels for residential purposes creates a substantial hazard 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. Congregation of residential boats and marinas catering to their use will likely create problems which .include in addition to water pollution, trash storage and removal, fire protection, police protection, emergency energy requirements during power failures, loss of mooring poles during winter months, drainage and sinking during storms, all being hazards which the local government must consider and provide for. The Town Board recognizes that the Town of Southold consists primarily.. of developed year-round residential neighborhoods. Recreational uses are incidental to the residential uses. The residents of Southold are entitled to have these water resources protected from potential pollution. It is in their interest to restrict and/or prohibit loncl-term residential use on the waterways of the Town of Southold. Section 32-41. Definitions. As used in this article, the following....words are intended to include and 'be defined as follows: HOUSEBARGE - Any vessel or craft used or designed to be used on the water surface and to provide residential accommodations with sleeping and toilet facilities whose volume coefficient is greater than 2,500 cubic feet. Volume coefficient is the ratio o7 the habil~ble space of a vessel measured in cubic feet to the draft of a vessel measured in ~eet of depth. Habitable space is any enclosed area used or designed to be used for a person to sleep, sit or eat. MARINA - Upland property, in or adjacent to a town waterway, which is used as a dock or mooring base for more than one vessel or craft not owned by the marina owner. RESIDENTIAL BOAT USE - Occupancy overnight by one or more people on a vessel or craft containing sleeping and toilet facilities. TOWN WATERWAYS - All tidal waters 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 100 feet from the mean high water line. 333 334 JULY 17, 1985 Section 32-42. Prohibition of housebarges. The storage or u~se of housebarges is prohibited. Section 32-43. Residential boat use. Residential boat use exceeding four (4) nights in any consecutive night period is prohibited in town waterways. Section 32-44. Marinas. A. B. seven ( 7] Mooring or docking of a housebarge at a marina is prohibited. Mooring or docking for residential boat use at a marina is prohibited when it exceeds four (4) nights in any seven (7) consecutive night period. Section 32-45. Severability. If any clause, sentence, paragraph, section or part of this Article shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment 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 judgment shall have been rendered. Section 32-6, Effective date. This Local Law Shall be effective upon its filing with the Secretary of State. COUNCILMAN STOUTENBURGH: I would think I was given a job to look into that. Should we table it and then come back with something, or do you want to just kill it. JUSTICE EDWARDS: I'm for killing it. SUPERVISOR MURPHY: I would I~ill it and then take some time and work on--- TOWN CLERK TERRY: Paul, if there are chan'ge..s, it would all have to be redrafted and then resubmitted for a public hearing.. ~ SUPERVISOR MURPHY: The whole thing has to be' redrafted. 37.-Vote of the Town Board: Noes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared LOST. SUPERVISOR MURPHY; Would you like to do Number 38, "A Local Law in relation to permit fees for signs?" 38. Moved by Supervisor~Mur. phy) seconded by Councilman Schondebare, WHEREAS, a proposed Local Law No. 8 - 1984 was introduced at a meeting of this Board held on the 8th day of May, 1984, and WHEREAS, a public hearing was held thereon by the Board on the 17th day of July, 1984, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local law No. 8 - 1984 be enacted as follows: LOCAL LAW NO. 8- .1984 A Local Law in'relation to permit fees for signs BE IT ENACTED by the town board of the Town of Southold as follows: I. Section 100-141, Subdivision J~l) (Permit Fees) of the Code of the Town of Southold is amended by adding thereto a new subsection, to be subsection (f), to read as follows. (f) Signs. The fee for all signs, excep~ signs permitted by Section 100-30C (6-) (a), square foot of dollars. shall be twenty-five cents (0.25) for each sign area, with a minimum fee of five ($5.) Ii. This local State. law shall take effect upon its filing with the Secretary of JULY 17, 1985 335 38.-Vote of the Town Board: Ayes: councilwoman Ccchran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, at this time this is the end of our prepared and added on to agenda and I'd like to ask anyone in the audience if they would like to make a comment at this time. Mr. Harvey. MR. STUART HARVEY, Southold: Last mOn'th ! asked could I .have a financial report, more or less on January to June on the dump. It seems that the dump has increased teriffically and I think I wa nice things--a car hit one o feet of the bark off and I t a two hundred year tree, b out and tarred the tree and this kind of a service out o promised' a copy of it. I never received it. One of the f the old trees here, right past Bakers, took around three 'ied to get the Stat~ to do something, I figured' why lose Jt, of course, I ~ot ahold of Mr. Dean and he sent a crew everything else. ¥,-,~think it's wonderful that we can get the Town people. '~ COUNCILMAN SCHONDEBAI~-:: You mean he was sPending taxpayers money on someone's private property ~or purposes of a private use? MR. HARVEY: Well, it's ndt private, it's State property, but try and get the State to move. COUNCILMAN SCHONDEBARE: Why don't you keep these wonderful things to yourse!~f, ral~her than tell the whole Town Board at a public meeting? MR. HARVEY: I just want to say that I'm glad that somebody mo/red on the thing. It's unusual-. Can we have copies of this thing that Fred Fischer drew up? Are there copies available? SUPERVISOR MURPHY: They will be made available very shortly. TOWN CLERK TERRY: They were brought before the Board for consideration today, Mr. Harvey. MR. HARVEY: How come we don't send our new Fire Inspector to this meeting with Horton and Fisher? SUPERVISOR MURPHY: Fisher is the new Inspector. MR. HARVEY: Is he from Cutchogue? SUPERVISOR MURPHY: Yes. He's the Fire Inspector. MR. HARVEY: Oh, okay. You got two Fishers? SUPERVISOR MURPHY: Not any more. MR. HARVEY: Okay, fine. I' think the Board here has a responsibility for more or less running things. And you go 'to the Planning Board and you come up with some- thing you don't like and it has been said in the Town Board meeting several times, "That's theirs. We can't do anything with, it." I think you people are completely responsible. I mean, as far as we're concerned, it's up to you to govern the Boards and everything else, because I can't influence them, but I do ,think that you as elected officials should be able to. We get this deal now. We had all the.problems up there at the Breakers, now they're only. going to put the stuff eighty-five feet and put in some bushes. I mean, every time you turn around everybody's getting a break. First' we bought the thing, we lost at the last Board at the last moment--very unpleasa~itly, but now what happens is they!re starting to bend on this stuff. The County says a. hundred feet. They're going to use eighty-five feet and the Planning Board said put some bushes and that and that'll take care of it. This 'is--and you go on with the whole thing here. I mean, here's_another one, the.Angel Shore one. Apparently everything went wrong, but they say, well they did' have thirty-two meetings with us. Good, in thirty-two meetings now are we going to make it.back to one acre? Either the papers report terrically bad on these meetings, or I missed some of them. ! think we're giving the place away. On 816!Main Bayview. You got a house on a lot there that if we let it go, won't have to 'wOf-t'y about: condominiums and everything. They could make it a slum the way they're going. You ever see that one? I advise you to take a look at that. And also, a comment on that would be appreciated, because it's something 1 think that the Building Depa,rtment slipped, or somebody slipped. Right next to Flora--Sophia~ COUNCILMAN SCHONDEBARE: Sophie's Restaurant? MR. HARVEY: Yeah, next door to her. Take a look at that and tell me how it happened. And tell her too, she's very, upset. COUNCILMAN SCHONDEBARE: You talking about the house next door? 336 JULY 17, 1985 MR. HARVEY: Right. TOWN CLERK TERRY; They .were granted a variance by the Board of Appeals. MR. HARVEY: Yeah, and it's also off the original variances and everything else. I mean, if they're going to be allowed to do this--first off they didn't have sufficient room. The variance is not what they're supposed to be. There's more to that than--- TOWN CLERK TERRY: Mr. Harvey, why don't you ask in the Board of Appeals to look at the file. The name is Grigonis, I believe. MR. HARVEY: Yeah, i looked in the file' and they all of a sudden decided to go for it. In fact, well I won't go into personalities on that, but I think they got railroade~.~ I'd advise you to take a look before you get too much of that stuff. Thank you. SUPERVISOR MURPHY: Thank you for your comments. Jim? MR. JAMES HOMAN, Cutchogue: Frank, I'm sorry the Board did not have the fortitude to act on Jean's motion and tabled it. I am very sorry about that indeed. I'd also like to point out for the benefit of the Board that you're two very largest 'taxpayers in Southold Town, one doesn't evey use the dump and the second uses it very very little. I'd also like to say.'to t'he Board I didn't crank up a whole thing today, ~ didn't think you needed it and I think that this has been quite disappointing to have to wait this long to hear Jean's resolution anyhow, but you know, it's kind of hard for a businessman and i've already had this comment made to me today, that years ago the senior citizens used to pay to go have a place to meet. The Town, and rightly so, built them a building. Now, you not only give them a building for nothing, but we also support them in their various endeavors, and to sit here and say we have to pay a user fee for something that's common to every single individual in Town, but for something like this you charge no user fee for the senior citizen center, but you do, on top of that, .help subsidize them. Frank, I'm sorry to see that this ,Board is dead set on user fees. I am very very opposed to it and will. Thank you, and i'm sorry that this thing couldn't have been held at a night at'a decent time when more business people could have been here. SUPERVISOR MUPRHY: Thank you. Anyone else like to make a comment? MR. PHIL BARTH, Southold: When it comes to users fee, I wonder whethe~ it would be appropriate when the committee meets, whether they could institute again the idea that was way back at the beginning, .the idea of a fee for everyone that uses the dump. At that time I think it was five dollars for anyone who used the dump and I want to tell you i'm talking--I.use the dump, I'm willing to pay the five dollar fee. Now, I just wonder whether that wouldn't b.e some kind of solution to take some burden off of these people that are complaining so bitterly as business people, that they're being over-burdened. ' ".-' ' SUPERVISOR MURPHY: Thank you. Any other comments? MR. HARVEY: Just one comment on that. You know, all business shouldn't be out, because I think we get more problems through'~tbe cesspool dumping than we do with any other types, so I. can see a fee on that. Would have to be. I mean, you have to get the chips and everything else to try and control it and then we're b6nded for Lord knows how much to build a plant down there, which is very good. I mean, it's a good thing you're going to do it, but that I. can see that if we have to pay, and we're going to be the people are going to pay. If they pick that up and. charge an fee, I think you have to have it for just~the service of it. SUPERVISOR MURPHY: Fifty-three percent of the revenue--~--~--and they started construction, actually today. The contracts are signed. By law, in order for us to get ninety-two and a half permit, has to come from user fees and forty-seven percent from assessed, valuation. Any other questions? (No response.) If not, any of the Board' members~ have' anything? COUNCILMAN SCHONDEBARE: Just ~ne other thing and I'll make it quick. Last time ! recommended that we have the ,Planning Board, Trustees and Town Board sit down for a seminar by our Town Attorney and teach us the SEQR process. We didn't do it. I see that our Planning Board declared itself lead agency under SEQR for Seacroft. Turns around and then revokes the resolution because they .didn't do it right, or something happened, and this is getting embarrassing. The TrUstees are going to do the Wetlands, we're go!ng to give them Lhat. Everybody,shou~td know this process, because when a law suit starts at least the Town should have done what was required to do and did it properly. SUPERVISOR MURPHY: Very good point, Jay. COUNCILWOMAN COCHRAN: ! agree. COUNCILMAN SCHONDEBARE: So whoever wins or loses, they can't blame the Town. 337 SUPERVISOR MURPHY; Right. Okay. Thank you. Any other comments? COUNCILMAN TOWNSEND: There's a handbook on that. COUNCILMAN SCHONDEBARE: We have literature here at the Town Hall. We all should read it before we go this thing. SUPERVISOR MURPHY: Okay, I did pass out, iust during the meeting here, a list of people who we are inviting to go on the Fishers Island trip.. If any Council- man has any other additional members of government that feel they should be going over to Fishers Island~ please let my office know so they could be added on to the list. Okay? At this time I would move for a resolution to adjourn. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that this Town Board ~meeting be and hereby is adjourned at 5:50 P.M. Vote of the Town Board.: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. ~ J~ditl~-T. Terry ~ Southold Town Clerk