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HomeMy WebLinkAboutTB-12/04/198428 SOUTHOLD TOWN BOARD DECEMBER 4, ;1984 WORK SESSION 8:.30 A.M. - Present: Councilman Joseph L. Townsend, Jr., Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilwoman Jean W. Cochran. These members of the Board audited outstanding vouchers. EXECUTIVE SESSION 9:.30 A.M. - Supervisor Murphy and Councilman Schondebare joined the other Board members and the appointment to fill the Planning Board vacancy was held. (See Resolution No. 1.) WORK SESSION 10:00 A.M. - James Bitses, Esq., representing Seacom, introduced Robert ~G. Taylor, Partner and Manager of the Boston Re, gional Office of R. W. Beck and Associates, Analytical and Consulting Engineers, and Alice Husse¥, President of Seacom.. There were approximately 100' interested residents in attendance to hear Mr. Beck's presenta- tion. Mr. Taylor presented and explained the proposal of R. W. Beck and Associates to Provide Consulting Engineering Services - Engineering Overview Study - Establish~--~ nga Municipal Elecl~ric Utility in the Town of Southold. The cost of s~h, a study would be $15,000~'00~ and wo~ld identify nine items: field reconnaissance 6f the T~owi_~ to determine general electric-distribution circuit configuration and define the points where the Town would be separated from the remaining LILCO system; prepare a preliminary plan for separating the Town and LILCO, and determine the facilities required including metering and estimate cost of construction required to physically establish the Town's electric system; estimate the range of values which would be expected to be associated with the purchase of the electric distribution prc~perties within-the Town; provide a discussion of possible management structure oflan electric~utility district as an independent department of the Town; perfor~a review of publicly available data obtained from FERC and NYPP and publicly owne~l utilities within the State to develop estimates of the necessary power requirements, power costs and costs associated with the operation of the electric system and municipal operation and. continued LILCO operation; prepare a summary showing estimated dollar amounts under various sensitivity, cases of payment levels to LILCO for their properties to establish a utility operation in the Town with the corresponding levels od debt service; provide an estimate of the total annual revenue requirements estimated as necessary to pay all operati_ng and maintenance costs, including purchase of power, and to make the annual debt iservice payments if the Town were to operate an electric utility in the Town on a financially independent basis; develop a pro forma comparison of the cost of power in the Town under proposed municipal operation and continued LILCO operation; based on diScussion with the Village of Greenport's Municipal Electric Utility, provide information on the' potential expansion of that Utility to serve the entire Town or integrated operation with a municipal electric utility established to serve the rest of the Town as an alternative to establishing a completely separate Town electric system. Provide a written report documenting their findings and conclusions. Considerable discussion was held concerning the comparison of the establishment of a municiPal system for Massena, New York and how the steps they took would relate to the Town of Southold. Superintendent of Utilities for the Villa~le of Greenport James I. Monsell addressed the Board advising them they won't final a cooperative atmosphere from the Power Authority. He offered the cooperation of the Village, as well as the N.Y.S. Municipal Utilities Association in advancing this proposed project. Councilman Townsend expressed his concern for authorizing the proposed $15,000 study, stating he would ~irst like to see an analysis of the sources of power before proceeding with a full study. Mr. Taylor estimated the cost of such an analysis would be $6,000. Councilman StoutenburgB suggested the inclusion of Shelter Island in the study and Mr. Taylor said he felt it would be advantageous to include them. Alice Husse¥, President of Seacom, thanked the Town Board for the time provided for the presentation. 11:25 A.M. - Town Trustee John Bredemeyer, accompanied by Paul Flagg, made a detailed presentation to the Board relative to possible solutions toward reopenin9 Arshamomaque Pond which was closed by the DEC in September due to high coliform counts. Trustee Bredemeyer reviewed the areas of high bacterial count, possible causes, and methods of treatment, including closing the culvert near Grove Road. Mr. Bredemeyer strongly suggested that the Board urge the DEC to test for false/ positives, which could result in, considerably lower~ counts, which request will be made by the Supervisor. Mr. Flagg, who has presented a proposal for his services in analyzing the Arshamomaque Pond problem, briefly addressed the subject. EXECUTIVE SESSION 12:10 P.M. - CSEA negotiators John Raynor, President, Paul Grattan, Betty Wells, Douglas Clark, Alex Stepnoski, David'Zuhoski, James Fogarty, and their representative George Peak, met with the Board, stating they were ready to negotiate the 1985-86 contract. Town Atto_rney Tasker immedial~e!y advised the Town Board that it would it would not be proper for the entire Board to-negotiate and a 'Town- Board negotiating team should be appointed. Supervisor Murphy stated the reason for the meeting was a misunderstanding and the Board would immediately appoint their representatives and a new meeting date will be scheduled. The CSEA representatives left, at which time Councilwoman Cochran and Councilman Stoutenburgh were appointed as the Town Board's representatives and they will immediately contact the President concerning negotiations. 12:40 P.M. Recess for lunch. 2:30 P.M. - Mr. Harold Reese, former Planninq Board Chairman Henry E. Raynor, Jr., and La~ ~u-~-~--~-6-r ~rick Van Tuyl al~peared.before the Board to present further testimony concerning the background leading up to the petition of Mr. Reese for relief from the Bulk requirements of the Zoning Code following the adoption of two acre zoning, with. respect to Harbor Lights, Section V, which petition was denied by the Town Board. Mr. Reese submitted various maps, one of which he submitted 12 copies to the Planning Board on March 22, :1982 showing the elimination of certain roads as suggested by Mr. Rayor in November of 1981. He also submitted correspondence from the Suffolk County Department of Health with reference to Harbor Lights Estates. Mr. Reese said the 12 maps he filed with the Pla~ining Board in 1982 were unable to be located until.recently, when the new Secretary Diane Schultze, located them misfiled in the Harbor Lights, Section IV file. Miss Schultze appeared before the Board to verify this. With reference to a statement by Mr. Reese that the~ihen Planning Board Chairman Raynor had told him not proceed with the processing of Section V because of the pressure of the Planning Board work load, Mr. Raynor said he would never advise an applicant not to file with the Board. Over the objections of Councilman Townend, the Board assured Mr. Reese they would rehear his petition. A date was not set for the rehearing. 3:10 P.M. - The Board discussed off-agenda and agenda items. 3:30 P.M. - Public Hearin9 on the application for a Wetland Permit by The Land Use Company on behalf of Leon Marcus. 3:40 P.M. - Work Session reconvened and the Board further reviewed the agenda. EXECUTIVE SESSION 4:05 P.M. - Town Attorney Tasker reviewed several questions posed by Special Attorney Yakaboski who is representing the Town in the Silverman/Cartnick litigation. 4:30 P.M. - Work Session adjourned. 30 DECEMBER 4, 1984 REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, De.cember 4, 1984, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: I'd like a motion to approve the audit of the bills of December 4th. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the followin9 audited bills be and hereby are approved for payment: General Fund Whole Town bills in the amount of $30,022.69; General Fund Part Town bills in the amount of $12,301.06; Highway Department bills in the amoutn of $12,063.71; Fishers Island Ferry Dis[rict bills in the amount of $7,457.13; Medicare Reimbursement Part Town bills in the amount of $1,782..00; Medicare Reimbursement Whole Town bills in the amount of $4,664;00; Federal Revenue Sharing bills in the amount of $1,260.'00. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, SUpervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: i~d like now a motion to approve the minutes of the Regular Town Board Meeting of November 20th and a Special Meeting of November 27th, .1984. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the minutes of the Regular Town Board Meetin9 held on November -20, 1984 and the minutes of the Special Town Board Meetin9 held on November 27, :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: At this time we'd like another resolution to set the next meeting date for December 18th, 1984 at 3:00 P.M., Southold Town Hall. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the next" Regular Meetin9 Of the Southold Town Board will ,be held on Tuesday, December 18, 1984 at 3:00 P.M. 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: 1. 2. 3. 4. 9. 10. 11. 12. We'll now move on to the first item on your agenda, Reports Town Justice Edwards - October 1984. Scavenger Wastewater Treatment Plant - November 1984. FAA Airport Study Report - November 1984.. HUD Community Development Fund, Year VII - November 1984. Building Department monthly report - November 1984. Home Aide Program report - November 1984. Town Trustees monthly report - November 1984 - Trustee Smith. Supervisors monthly budget report - November 1984. Fishers Island Ferry Dis[rict monthly report - November .1984. Highway Fund monthly report - November 1984. from Fishers Island. Town Justice Price monthly report - November 1984. Councilmen's reports and I'd like to start on my left and ask Judge Edwards DECEMBER ~l, 1984 SUPERVISORJUSTICE EDWARDS: MURPHY All: Jean? quiet in th~e~i;e'a~?thank you. COUNCILWOMAN COCHRAN: Yes. I'd like 1~o report. The Southold Town Water Advisory Committee met with Town Board members on November 27th for the purpose of discussing a proposal as presented, by El; wh~ are not familiar, stands for Environmen meeting was in relation to a Town-wide Hom~ service of ERM Northeast would be to proviz financial and institUtional information necess If jointly funded with the Town of Riverhea, would be $.19,000.' If Riverhead choses not ahead and did it on their own the cost woul Filter Management Program is very unique a centered around possible outside, funding so with ¥ou--I have just recently received a b~ Office of T:echnological Assessment, located arm of Congress that gathers information an begin to act in different areas. But I woul, paragraphs. "Despite increased Federal an¢ ability to protect groundwater against conta~ is no explicit National legislation mandate to laws and programs vary in the ways they a( institutions are not coordinated and progra, water are not integrated. At present no FE water. As a result all water quality progra of which have been recently reduced or elifl activities are expensive, funds are needed I and implementation. Adequate and sustaine. required to protect groundwater quality inv, correct and prevent contamination. This su both to the site-specifiC 'nature of contamina State s priorities and capabilities. Federal . assistance, research and development." And possibility of looking for outside funding so from the OTA that we might be in the right important that we proceed with this as far ~ with alternatives to water supply. I've sen feel might be beneficial' to the Water Adviso~ SUPERVISOR MURPHY: Thank you, Jean. COUNCILMAN STOUTENBURGH: No, I was has taken, care of it.' SUPERVISOR MURPHY: Joseph? COUNCILMAN TOWNSEND: I attended a me~ Committee wherein they met a Rose Harvey ~ ~ ~--~ds, which is a group of people th~ purchase land or obtain open space. Basica have several million dollars which they use 1 open space. In doing so they generally pre they buy. The reason the Farmland Preser~ if we could increase the buying power of th, buying farmland. It was quite interesting they work with private developers who have and how they, come in and take up the si,ack the environmentalists and land preservationi.. bodies as--well, locally it would be the Peco looking to preserve some land out here in't~ Committee has been presented with at least . rights, in addition to the sale of other deve precedent it might enable us to purchase so~ the amount of land held for farming. That',, SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: Thank you, November 26, 1984. and had two assignments conversions and likewise the farm stands. farm stands, the new ones come into exister exception use to our Zoning Code, will have get approval. The farm stands presently in the old code and we will amend the law to d local Justice Court declared was unconstituti M Northeast. ERM, for those of you ~al Resources Management, and this Water Filter Treatment Program. The le to the Town with all of the technical, ~ry to establish this management program. i the cost to the two Towns combined to go into this with us and Southold went J be $12,600. The concept of a Water ~d part of the committee's discussion ~rces and I would just like to share 'ief report from the OTA, which is the n Washington, and they're an analytical d presents it to Congress so they can just like to share with you three short State efforts in recent years, our ination is limited. For example, there protect groundwater quality. In addition, tdress groundwater. Responsible s to protect groundwater and surface deral programs earmarks funds for ground- ~s are competing for State grants, some inated, and because groundwater protection ~y the States for both program development ! Federal support to the State is also )lye a balancing among activities to protect, pport must be flexible enough to respond tion problems and to variations among the ~upport could include funding technical the Committee has been discussing the ~rces and i feel with this'coming down place at the right time, so I think it's being able to supply our Town residents : for the full copy of the report, which i 'y Committee. Thank you, Frank. Paul ? at that meeting also and I think Jean ~ting of the Farmland Preservation ~ho is the local head of Trust for t figure out various strategies to [I,y they act as the middle-man. They o buy and then resell with conditions - serve a percentage of that land that 'ation Committee met with her is'to see : money we bonded for the purpose of ) hear what they have done and how been bombed out by the environmentalists and achieve some of the same goals that ;ts wanted. They work through such ~ic Land Trust, which is an active group e Peconic'Bay area. Farmland Preservation ~ne offer of the donation of development opment rights and if that becomes a ne more development rights and increase all I have. Frank. The Code Committee met on originally - t~-~-~ ~w~ ~ ~-~-o-family t has completed both of those. The :e will be controlled by a special to go through the ZBA in order to existence will be controlled under ~lete the offensive language that our ~nal as being too vague. So the DECEMBER 4, 1984 present farm stands will operate under the existing Code and the future farm stands that come into existence will have to operate under a special exception to the ZBA if they want it, so they. can lay down the guidelines so we don't have the traffic problems that we have. The Code Committee also decided that two- family, conversions, which everyone said was a big' issue in Town, actually is being referred to the Housing Committee despite very good publicity on our questionnaire that we sent out to everyone asking them if they'd be interested in converting their houses and it was picked up by the local paper and was sent out. We received maybe half a dozen responses and that's it. The brokers that we wrote letters to, they ali responded, for which I thank them, with their thoughts, but as far as the community as a whole, ! got a half a dozen responses and that was all. So the Code Committee is not going to take any action on the two-family conversions. The Housing Committee, which is going to come into exis1~ence soon, can take up the matter if they wish. The Code Committee has finished those two assignments and will now start on two others. That is'the vineyards, wineries and the horses. There seems to be a problem with the horse farms and having horses on your property. We've scheduled a meeting for tomorrow night with the vineyardls ast 7:30 in the Town~Hall, and I think on December 11th at 7:30 we set up a Code Committee meeting with people interested in horses and other live stock on :their property. And that's what the Code Committee is doing. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Jay. As you could see the Town Board really has been quite active. We had a very interesting Work Session this morning and before I comment further on that, on these reports, any of these reports ~re always on record in the Town Clerk's Office. Anyone who would ~ike to look at them, you are welcome at any time to look back at previous reports or whatever. One I'd like to comment on and just to give the people in the audience an idea of how we are growing, is the Building Inspector's report. We issued 24 new Building Permits and various - 31 for alterations, one for .new business and ~19 for miscellaneous farm permits, for a total estimated value for the month of NoVember of $2,481.:,0.00 in new construction and to date $18,82.4,000. The East End has really been found. Thisis one report that could really show you how the activity is going on in the Town and demands--additional demands that are being placed on the Town Board and your Town governments. I have one announcement cohcerning also what we were talking about this morning with Seacom, is that Governor Cuomo has asked that all interested East End persons write to one of the following regarding Shoreman. Right now it's down--I would say down to the wire. If the people are going to be heard it's going to be right now and this is almost your last. chance to have your feelings be heard because it appears that something is'going to be happening fairly soon in Shorehamr and the Governor has asked that if anyone is ~ interested and would like to support the State and County stand, to contact Frank Murray, he's the specialist on energy, Executive Chamber, State Capitol in Albany, or Betty Pohanka, the regional representative of the Department of State and she's over in Hauppauge. You could call this office for a phone number of either department and we could take care of it and give you the information. This morning we had a very interesting, presentation by a consultant or a representative of an engineering firm on the possibilities of having our own electrical district on the East End here, and this is something I think everybody, in particular the Town Board, is very concerned with, rising cos,t of electricity. We are looking into it. We are--I think it was very informative this morning and the Town Board will proceed and I think, iust as a word, we have to be very cautious. We cannot jump into this thing. It could be extremely expensive for us and we possibily could never get anything out of it, so we have to be very careful and be quite sure of the way we're going or otherwise we might be putting another unfair burden on our taxpayers. II. PUBLIC NOTICES. SUPERVISOR MURPHY: i'd like to move on to the second item on your agenda, which is Public Notices and Paul, would you like to start reading them. I've had a bad cold and I know i'm going to run out of steam before the night's over. COUNCILMAN STOUTENBURGH: 1. Notce if Public Hearin9 to be held by the Village of Greenport Board of Trustees on Thursday, December 13, ,1984 at Y:00 P.M. at the Third Street Firehouser Greenport, on the application of Stephen Shilowitz for proposed bulkheading and dredging related to the "Pipes Cove" water- front condominium project. 2. New York State Department of Environmental Conservation Notice of Complete Application by Lynn San Andres to subdivide parcel into four lots. Grand Avenue, Long Creek, Mattituck. Written comments by December 14; 198~4. 3. U.S. Army Corps of Engineers Notice of Application by Eric Ridder r GOFA - Joint Venture to instal~ floating piers and dune enhancement, Greenport Harbor, Greenport. Written comments by December 29, 1984. COUNCILWOMAN COCHRAN: 4. New York State Department of Environmental Conservation public hearing notice of the North Fork Property Owners Association to construct houses and sanitary systems on adjoining lots at setbacks from tidal wetlands of less than 75 feet and 100 'feet, Mattituck. January 3, 1985 at 10:00 A.M. in the Southold Town Hall, Southold. DECEMBER 4, 1984 5. New York State Department of Environmental Conservation notice of complete application by Willow Point~'A~sd~i~itit~n to dredge area of an existing channel leading from Bu~Jds Pond to Willow Point, Southold. Written comments by December 21, 1984. SUPERVISOR MURPHY: Thank you, Paul and Jean. III. COMMUNICATIONS. SUPERVISOR MURPHY: We'll move on to our third item on the agenda which is Communications. We have one that's most important to the Town Board and to our Water Advisory Committee, which, for those in the audience who don't know, we're probably the first Town, almost in the country, to have this Water Advisory Committee working so close with the Town Board. We have a very serious situation out here and we've had the greatest, cooperation from the Board of Health and our Water'Advisory Committee and the Town Board and as Jean reported earlier, there's quite a bit of work going on. This one is concerning the Suffolk County Comprehensive Water Management Plan. The department has prepared a draft document of the above project. The draft contains water quality and quantity data, population of land use projections, unit costs for water supply and treatment, and other basic informa- tion needed for succeeding phases of the project. A presentation will be made of the document is scheduled for December 14th, which is a Friday, 9:30 A.M. at the Yaphank Firematic Trainin9 Center, Yaphank Avenue. The Town Board, whatever members can attend, will, as well as the members of our Water Advisory Committee. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: Moving on to the fourth item on our agenda, which is public hearings. The first one we had today. It was on a wetlands application of The Land Use Company on behalf of Leon Marcus at 3: 30. The second one is 9oin9 to be a public hearing held--joint public hearth9 held between the Greenport and Southold Town Boards on an application of East End Associates, pursuant to Article 17 of the General Municipal Law to annex a parcel of property to the territory of the Village of Greenport. The Hearing to be held by the Southold Town Board and the Board of Trustees of the Village of Greenport at the Southold Town Hall at 7:30 on Thursday, December 6th. Again i would like anyone who was concerned with this, interested in it, whatever aspect, to please attend this public 'hearing. It's most'important for the future of Southold Town. V. RESOLUTIONS. SUPERVISOR MURPHY: Moving on to Item V, Resolutions. The first one is to appoint a member to fill the unexpired term of Bob Wall on the Planning Board. JUSTICE EDWARDS: Jimmy Wall. I'd like to present this one, Frank. SUPERVISOR MURPHY: You want to make it? COUNCILWOMAN COCHRAN: Second. JUSTICE EDWARDS: I'.d like to make a little speech here first. This candidate, Kenneth Edwards, that has been chosen by the majority of the Board, is my cousin, i would rather abstain on the voting, but inasmuch as it would be a deadlock, we do need someone on the Planning Board, I feel very strong that a member should come from Fishers Island and I think the Town will find out that Ken Edwards will be very deserving of the position that we're going to put him into. He's very well liked on the Island. If it was up to the Island to decide it would be unanimous. So with that I will read the resolution. Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Kenneth L. Edwards a member of the Southold Town Plannin9 Board, effective immediately, through April 30, 1987, at a salary of $4,320.00 per annum. SUPERVISOR MURPHY: Any questions? COUNCILMAN STOUTENBURGH: I'd just like to make a statement also. In the sense that I feel this is probably the most important appointment this Town Board is going to be making for the simple reason that we have many, many problems with this Town coming up, and I realize that there's a obligation to have a member from the Island represented on the Planning Board, but I also realize that the bigger, and I think, the most important thing is this Town's overall plan in the -future, and therefore, I would like to see not any of the people from Fishers Island, but one from the many list that was handed--the list that was handed to us, or applications that came in, there were professional planners that made applications and I would like to see one of those professional planners put on our Board so that we would get every bit of input to make this Town stable. I just want to make that statement before we vote. SUPERVISOR MURPHY: Jay, do you have any? (No.) Joe? DECEMBER 4, 1984 COUNCILMAN TOWNSEND: Well, we had this discussion before and the opposite side of that picture is that tradition of this seat has gone to a Fishers Island resident and in this instance it's replacing a Fishers Island Board Member whose term is only for the balance of that Board Member's term of office, which expires in 87, as opposed to being a five year term for a new member, therefore, I think it's particularly appropriate that this member, if we are going to have a member from Fishers Island be appointed from the applicants of Fishers Island. We had two of the three applicants I personally--they're all qualified and I felt that two of the three were especially well qualified, articulate and intelligent and public spirited. I agree that it's a very important position, but all aspects of the community should be represented on the Planning Board and I think that we have picked a good candidate. That's all I have. SUPERVISOR MURPHY: Thank you. My only comment is; Ray, I agree, I don't think you should vote. Judy. 1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Justice Edwards, Councilman Townsend. Abstain: Councilman Stoutenburgh. No: Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to appoint a part-time Clerk-Typist. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Eileen Carey as a part time Clerk Typist for the'Building Department, effective December 15, 1984 through January 15, 1985, at a salary of $5.00 per hour. SUPERVISOR MURPHY: Any questions? (No response.) This is a girl' who has worked there and has left to go to college and' while she's home she's going to help the Building Department catch up on their work. 2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to authorize to have a lease agreement. 3. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, 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 Agnes Reinhart and the Town of Southold for the lease of a forty foot by forty foot concrete block building, 1000 feet east of PeconiC Lane, in Peconic, on Rou~e 25, for £he storage of machinery and equipment for the Highway Departmen't, for the period of December 1, .1984 through November 30, .1985, at the annudl rent of $2,400.00, to be paid in quarterly payments as follows: $600.00 upon execution of the agreement, and $600°00 on the first days of March, June and September, 1985. 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 4 is a !l~roposed Local Law. Moved by Councilman Townsend, seconded by Supervisor Murphy, WHEREAS, there has been presented to the Town Board of the Town of SoUthold a proposed Local Law entitled, "A Local Law in relation to Zoning Code Fees," now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Plannin9 Board and Suffolk County Department of Planning in accordance with the Code of the Town of Southuld ~nd the Suffolk County Charter. Said " proposed Local Law reads as follows, to wit; A Local Law in relation to Zoning Code fees" BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets].) Chapter 100 (Zoning) of the Code of the Town of Southotd is hereby amended as follows: 1. Section 100-124 thereof is amended to read as follows: 100-12~. Fees All applications to the Board of.Appeals for any relief herein shall be accompanied by a fee of [fifty] seventy-five dollars [($50.)] ,(~75,.) 2. Section 100-135 thereof is amend'~'i~'~ead as follows: 100-135. Fees All applications to the Planning Board for approval of site development plans shall be accompanied by a fee of [fifty] one hundred dollars [($50.)] ($100.). 3. Subsection (1) of Subdivision J [Permit fees) of Section 100-141 thereof is amended to read as follows: J. Permit fees. (1) T-he following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: Ia) Single-family dwellings: [1] i New dwellings and additions t6 existing dwellings: [twenty-five] fifty dollars [[$25.)] [$50.) plus [five] ten ~:en~:s [($0.05)] ($0.10) for each square foot of floor area in excess of ~t hundred fifty (850) square feet. [2] ii Accessory buildings and additions and alterations to.existing accessory buildings: [ten] twenty- five dollars [($10.)] ($25~) plus [five] ten cents [--i~-0.05)] ($0.10) for each square foot of floor area in excess of five hundred [5013) square feet. (b) Farm buildings and additions and a! eratk,,.: to existing farm buildings: [fifteen] twent¥-fke dol,a~ [($15.)1 ($2:,. for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings: [1] i New buildings and additions and alterations to existing buildings: [fifty] one hundred dollars [($50.)] ($100.) plus [flve[ fifteen cents [$0.05)] (0~1.15) for each square foot of floor area in excess ~f one thousand (1,000) square feet. [ 2] ii Accessory buildings and additions and alterations to existing accessory buildings: [fifteen] twenty- five dollars [($15.)] ($25.) plus [five] ten cents '[-(-~-~.05)] ($0.10) for each square foot o'~--~leor area in excess o-~-irfi~e hundred (500) square feet. (d) Foundations constructed under existing buildings: thirty doIlars ($30.). (e) All other structures (i.e., fences, pools, etc.) and additions and alterations to such structures: [fifteen] twenty-five dollars [($15.)] [$25.). If) Signs. The fee for all signs, except signs permitted by Section 100-30C(6)(a), shall be twenty-five cents ($0.25) for each square foot of sign area, with a minimum fee of five dollars [$5.). (g) Demolition and/or removal and/or relocation of any buildinc~: one hundred dollars ($100.). 4. Section 100-151 thereof is amended to read as follows: 100-151. Fees Every petition for a change or amendment to this chapter or the Zoning Map Shall be filed with the Town Clerk and shall be accompanied by a fee of [two] .five hundred dollars [[$200.)] ($500.), 5. This Local Law shall take effect upon its filing with the secretary of State. COUNCILMAN TOWNSEND: This proposed Local Law is available at the Town Clerk's office for anyone who wishes to see what these fees are going to be. DECEMBER 4, 1984 SUPERVISOR MURPHY: Any questions? (NO response.) 4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman $chondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 to set a public hearing. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearin9 at the Southold Town Hall, Main Road, Southold, New York, on the 18th day of December, 198~1, at 8:05 P.M., at which time and place all interested persons will be given an opportunity to be heard upon the follOwing matter: "A Local Law in relatio~ti~i to Residence Parkin9 Permit Fees," which reads as follows, to wit: L~J A Local Law in relation to Residence Parkin9 Permit Fees BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets].) I. Subdivision A(2) (Resident parking permits) of Section 65-3 of Chapter 65 (Parking at Beaches) is hereby amended to read as follows: (2) The Town Clerk or a person designated by [him] the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, and inscribed with Such permit shall a resident parking permit shall be issued the vehicle license registration number. not be transferred to any other vehicle. [Upon payment of the permit fee, a resident shall be entitled to a permit for each vehicle owned by him if such vehicle is registered to an address within the Town of Southold.] I1. This Local Law shall take effect upon its filing with the Secretary of State. SUPERVISOR MURPHY: Any questions? (No response.) in the Town Clerk's Office for anyone to read. This again is available 5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman $chondebare. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is 'to set another public hearing. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearin9 at the Southold Town Hall, Main Road, Southold, New York, on the 18th day of December, 1984, at 8:10 P.M., at which time and place all interested persons will'be given an opportunity to be heard upon the following matter: "A Local Law to amend the Southold Town Code in relation to parkin9 of vehicles," which reads as follows, to wit: is A Local Law to amend the Southold Town Code in relation to parkin9 of vehicles BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets].) Chapter 92 (Vehicle and Traffic) of the Code of the Town of Southold ;'~-!-;ii-.'i ~'~" hereby amended as follows: .... L.,~". . ~ :~'~' Article IV thereof is amended by adding a new section ~hereto, to be section u,2.1, to read as follows; 'Section 42.1. Parkin9 prohibited durin~ certain months The park~n9 of vehicles is hereb~ prohibited durin~ the months indicated (both inclusive)in any of.the followin~ locations: Name of Street Side Beckwith Avenue West DU~ing ~Months of ( Both Inclusive) Location December to and including March In Southold between N,Y. Route 25 and Traveler Street II. By amending Section 92-42 thereof by adding thereto the following: Name of Street Side Ma rratooka Road Both Between the Hours of Location 10:00 P.M. and 7:00 A.M. In Mattituck from southerly terminus thereof northerly to Park Avenue Ill. This Local Law shall take effect upon its filing with the Secretary of State. COUNCILWOMAN COCHRAN: This proposed Local Law is'available in the Town Clerk's Office. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: I just wanted--this 'is to prohibit parking on the west side of Beckwith Avenue during the months from December through March. COUNCILWOMAN COCHRAN: Snow time. 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 'to declare ourselves lead agency in a zo'ne change. 7. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Herbert Mandel for a Change or Zone from "A" Residential and Agricultural District to "B" Light Business District on certain property located on the north side of New York State Route 25, East Marion, 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. SUPERVISOR MURPHY: Number 8 is to transmit a petition for a zone change to the Suffolk County Department of Planning for their recommendation and the Southold Town Planning Board. Moved by Councilman Townsend, seconded by Councilman Schondebare, WHEREAS, a petition was received from Herbert Mandel for a Chan~je of Zone on certain property located on the northerly side of New York State Route 25, East Marion, New York, from "A" Residential' and Agricultural District to "B" Light Business Disl~rict, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this petition to the Southold Town Planninq Board in accord- ance with Article XV, Section 100-150(B) of the Code of the T~)wn of Southold, and the Suffolk County Department of Planning, in' accordance with the Suffolk County Charter, requesting their recommendations relative to said petition. 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 to extend the date for receiving proposals for our insurance program. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby extends the date for receiving proposals for the Town's Insurance Program for Fiscal Year 1985 from 10:00 A.M., Friday, November 30, .,1984, to 10:00 A.M., Friday, December 14, 1984, and hereby authorizes and directs to the Town Clerk to place a legal notice for Requests for Proposals for the aforesaid Insurance Program in the official newspapers, advising the public of the extension of time. SUPERVISOR MURPHY: Any questions? (No response.) DECEMBEB 4, ~984 9.-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 '10 is to authorize the Town Clerk to advertise for bids for the purchase of heating fue! oil. 10. Moved by ~Supervisor Murphy, seconded by Councilman Stoutenburgh, i't was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of Heating] Fuel Oil for the Town of Southold for the calendar year ~1985. Councilwoman Cochran, Councilman $chondebare, ¢"-"~ 10.i-Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards, Councdman Townsend, Superv.sor Murphy This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number -~] is to authorize the Town Clerk to advertise for bids for the purchase of diesel fuei o 11. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs ~the Town Clerk to advertise for bids for the purchase of Diesel Fue!l for the Southold Town Hi!ghway Depar'tment and Disposal Area for the calendar }fear :1985. 11.-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 12 is to authorize the Town Clerk to advertise for bids for the purchase of gasoline. 12. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes! and directs the Town Clerk to advertise for bids for the purchase of Gasoline for the Town of Southold for the caJendar year 1985. 12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, CounCilman Stoutenburgh, Justice Edwards, Councilman Townsend, SuperviSor Murphy This ,resolution was declared duly ADOPTED. Il SUPERVISOR MURPHY: Number 13 is to amend a previous resolution. 13. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby Amends their Resolution No. 26 adopted on July 3, ~1984, to read as follows: RESOLVED that retroactive to September 1, 1984 the Town Board of the Town of Southold hereby authorizes all Elected officials, and all Appointed Officials mat~inC~ $7,500.'00 and above per annum to participate in the CSEA Benefit Fund. The Town to pay $250.00 and the O~ficials to contribu[e the balance pe~- annum. ELECTED OFFICIALS APPOINTED OFFICIALS Francis J. Murphy, Supervisor Robert W. Tasker, Town Attorney Joseph L. Townsend, Jr., Councilman Raymond Wo Edwards, Justice Paul Stoutenburgh, Councilman James A. Schondebare, Councilman Jean W. Cochran, Councilwoman Judith T. Terry, Town Clerk Raymond C. Dean, Superintendent of Highways Frederick J. Tedeschi, Justice William H. Price, Jr., Justice George Mellas, Receiver of Taxes ~ Charles C. Watts, Assessor Frederick E. Gordon, Assessor i. Scott L. Harris, Assessor AND BE IT FURTHER RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to ex.ecute an Amended Agreement with the CSEA Benefit Fund reflectin9 the above amended Town Board Resolution. 13.-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 is a resolution concerning the Highway, Department and the agreement with the Suffolk County Superintendent of Highways. 14. Moved by Councilman $chondebare, seconded by Councilman Townsend, it was RESOLVED that pursuant to the provisions of Section 284 of the Highway Law, the Town Board of the Town of Southold agrees that all moneys levied and collected for DECEMBER 4, 1984 the repair and improvements of hi( recelvecl ~rom [ne s~a~e ~or ~ne repair and improvements of highways as follows: General Repairs. The sum of $1,1~89, 300. 00 may be expended for general repairs upon $183.74 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. No moneys set aside for such improvements shall be expended, nor shall any work be undertaken on such improve- mentsr until the County Superintendent approves the plans, specifications and estimates for such construction. This agreement shall~take effect when it is approved by the County Superintendent of Highways. SUPERVISOR MURPHY: Any questions? (No response.) This is a formality. The Superintendent of Highways in the County has to approve parts of our Highway Department's budget. 14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman $chondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is a Highway Department transfer of funds. 15. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that th e Town Board of the Town of Southold hereby authorizes the _following t'ransfer of funds within the 1984 Highway Department Budget: From: DA9010.8 - New York State Retirement ............ ~841.50 Into: DA5130.2- Equipment (Machinery) ................. $841.50 SUPERVISOR MURPHY: Any questions? (No response.) l$.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number -16 is Fishers Island Ferry District transfer of funds. 16. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the f. ollowin~ transfer of funds within the Fishers Island Ferry District 1984 Budqet: From: Attorney Fees .......... ~11.30 Into: Hospitalization .......... $11.30 16.-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 MIJRPHYi Number 17 is to authorize a 7% increment increase for the employees of the Fishers Island Ferry District for I985. 17. Moved by Justice Edwards, seconded by Councilman Schondebare, WHEREAS, the Board of Commissioners of the Fishers Island Ferry District, in its deliberations regarding discontinuance of contracting the operation of its vessels and hiring all personnel as employees of the Fishers Island Ferry District, determined that its policy would be to 9rant annual salary increments in accordance witl~ those negotiated between the Town of Southold and the Civil Service Employees' Associa- tion, and those persons, covered by said. contract in the employ of the Fishers Island Ferry District are one (1) year behind Town employees with re~ard to the contract provisions, and effective January 1, ;1955, the Board of Commissioners of the Fishers Island Ferry District wish to ~rant a seven percent (7%) increment to all their employees, similar to the increment received by all other Town employees on January 1, 1984, now, therefore~ be it RESOLVED that the Town Board of the Town of Southold hereby oncurs with the Board of Commissioners of the Fishers Island Ferry District and hereby authorizes a seven percent (7%) increment to the employees of the Fishers Island Ferry District effective January 1, ~1985. 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 the Supervisor to execute affidavits. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute affidavits of verification in the matter of Luyster v. Town of Southold et al (SUIT Y482C). MR. PHIL BARTH~ Southold: What's that about, Supervisor? SUPERVISOR MURPHY: I'll tell you in a second, sir. COUNCILMAN SCHONDEBARE: I believe that's Leeton Drive, the flooding onLeeton Drive and they're sueing the Town for the ietty down at Goldsmiths. SUPERVISOR MURPHY: Yes, it's another case. Any other questions on it? (No response. ) COUNCILMAN SCHONDEBARE: This is our answer that we're submitted--that our attorney wants us to sign and send it back. 18.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebarer Councilman Stoutenburgh, Justice Edwards r Councilman ToWnsend, SuperviSor Murphy. This resolution was declared duly ADOPTED. ~ SUPERVISOR MURPHY: Number 19 ~s another landmark and particular for $outhotd Town and Fishers Island. 19. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for Contract No. 1, Fishers Island Wastewater Treatment Facilities C-36-1149-03, Fishers Island Sewer Di~strict, Town of Southold, New York. SUPERVISOR MURPHY: Any questions? This is a sewage treatment plant that is going up, a joint effort of the Town and FIDCO over on Fisl~ers Island to correct the serious problem that they have. Any other questions? (No response.): Federally funded. Very similar to our sewage treatment plant, iust a little smaller in scale. .19.-Vote~of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards~ Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is transfer of funds in Whole Town. 20. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 transfer of funds within the General Fund Whole Town '1984 Budget: From: Unexpended Balance A599 .......................... $11,794.00 Into: A1620.4 Buildings, Contractual Expenses .......... $ 8,544.00 A1410.4 Town Clerk, Contractual Expenses ........ $ 800.00 A3310.4 Traffic Control~ Contractual Expenses ..... $ 400.00 A7110.1 Parks, Personal Services .................. $ 2,050.00 Total ...................... $11, ~794~ 00 SUPERVISOR MURPHY: Any questions? (No response.) For the people in the audience~ you're going to find, for the month of November and December there's always a large number of these transfers. It's just to balance accounts out in the same line and it's to make sure the bookkeeper has enough money to pay the bill~ for that account. 20.-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 21 is a transfer of funds in Part Town. 21. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 transfer of funds within the General Fund Part Town 1984 Budget: From: Unexpended Balance B599 ......................... $1,500.00 Into: B3130.1 Bay Constable, Personal Services .......... $1,500.00 SUPERVISOR MURPHY: Any questions? (No response.) ~ 21.-Vote of the ToWn Board: Ayes: CouncilWoman Cochran, COuncilman Schondeb.ar~e~ hill Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor ~u p '~' This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to hire a Stenographer. 22. Moved by Supervisor Murphy, seconded by. Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Diane Mo $chultze, from the Suffolk County Department of Civil Service Certit~cation of Eligibles, to the position of Stenographer for the Southold Town Plannin9 Board, effective immediately, at a salary ~of $10,500.00 per annum. SUPERVISOR MURPHY: Any questions? (No response.) COUNCILMAN S~I'OUTENBURGH: Probably the most important person--one of th~ most important stenographers in the Town. DECEMBER 4, 1984 COUNCILMAN TOWNSEND: She's very good. 22. -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 MURPHY: Number 23 is to authorize' to go to bid for the purchase of uniforms to the Police Department. 23. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOt~VED that the Town Board of the Town of Southold hereby authorizes and directs t~he Town Clerk to advertise for bids for the purchase of uniforms for the members of the Southold Town Police Department for fiscal year 1985. SUPERVISOR MURPHY: Any questions? (No response.) 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. SUPERVISOR MURPHY: Number 24 is the decision on the wetland application of Leon Marcus. 24. Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS r The Land Use Company, on behalf of Leon Marcus, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 11, 1984, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council 'for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 4th day of December, 1984, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that The Land Use Company, on behalf of Leon Marcus, be 9ranted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct dock, ramp and float on property located at the end of Gull Pond Lane, on Gull Pond, Greenport, New York. This permit shall expire on December 4, ~1985 if work has not commenced by said date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. SUPERVISOR MURPHY: Any questions? (No response.) 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Council- man Townsend. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25, which is not on your agenda, is to set a grievance procedure for the Town under our Handicapped Program, Advisory Board that we have set up to set up a grievance procedure in the Town for any resident who is handicapped, no mater what, sight, hearing, mental, age, whatever, and if anyone feels that they are not being provided access to Town Hall r to Town .Board meetings and this could even go so far as a person to give sign language for hearing impaired persons. ' It's unlimited and we would like to identify anybody, any handi- capped person, and this is to set up the guidelines. We do have a Handicapped Advisory Committee now that is working .~and this will be reviewed and whatever the Town can possibly do to help in' this linde, it will be done, but we do have to have a grievance procedure actually set up, so this is doing that. 25. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREASr as a recipient of more than $25,000 in Federal Revenue Sharing Funds, the Town of Southold is subject to the requirements of the Office of Revenue Sharing, and WHEREAS, it is necessary that the Town of Southold adopt an internal 9rievance procedure providin9 for prompt and equitable resolution of complaints allegin9 any action prohibited by the Office of Revenue Sharing's regulations (31 C.F.R. 51.55 (d) (2)) implementin9 Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C..794), and WHEREAS, the Town of Southold Self-Evaluation Committee has written and recommended the below Grievance Procedure, NOW, THEREFORE, BE IT RESOLVED that the below "Section 504 Grievance Procedure be published in the official newspaper of the Town of Southold: PUBLIC NOTICE Section 504 Grievance Procedure Required Under Revenue Sharing Regulations (31 C.F.R. 51.55 (d) (2)) The Town of Southold has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's (ORS) regulations (31 C.F.R. 51.55 (d) (2)) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. ~794). Section 504 states, in part, that "no otherwise qualified handicapped 26. DECEMBER 4, 1984 individual...shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance..." Complaints should be addressed to: Francis J. Murphy, SuperVisor, Town of Southold, 53095 Main' Road, Southold, New York 1:1971,(516) 765-1800, who has been designated to coordinate Section 504 compliance efforts. 1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly descri.be the alleged violation, of the regulations. 2. A complaint should be filed within ten business days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.) I ! 3. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will'be conducted by the members of the Town of Southold Self- [:.i~ Evaluation Committee. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an, oppor~tunity to submit evidence relevant Co a complaint. Under 31 C.F.R. 51.55 (d) (2), the Town of Southold need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions. 4. A written determination as to the validity of the complaint, and description Of resolution, if any, shall be issued by the Chairman of the Town of Southold Self-Evaluation Committee, and a copy forwarded to the complainant no later than thirty (30) business days after its filing. 5. The Section 504 Coordinator shall maintain the files and records of the Town of Southold relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) business days to the Southold Town Board. 7. A written determination as to the resolution of the appeal, if any, shall be issued by the Southold Town Board and a copy forwarded to the complainant no later than thirty (30) business days after its filing. 8. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit 'of other remedies .such as the filing of a Section 504 complaint with the Office of Revenue Sharing, U. S. Department of the Treasury. Utilization of this grievance procedure is 'not prerequisite to the pursuit of other remedies. ~;~ 9. These rules shall be construed to protect the substantive rights of interest~ persons, to meet appropriate due process standards and to assure the Town of j Southold complies with Section 504 and toeh ORS regulations. Dated: December 4, ,1984, Judith T. Terry, Southold Town Clerk. COUNCILMAN SCHONDEBARE: I'm still trying to read it. SUPERVISOR MURPHY: Want to read it? COUNCILMAN SCHONDEBARE: Why don't you just put it on the end before we adjourn so I can just finish reading it. I haven't even read the thing yet. Ten minutes or so~ so I can have a chance--- SUPERVISOR"MUR~PHY: All right, we'll move on to 26. TOWN CLERK TERRY: We'll have to have a resolution to table that resolution. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that Resolution No. 25, Section 504 Grievance Procedure, be tabled until the end of this meetin9. 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: We'll move on to Resolution N. 26. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an application to the Suffolk County Youth Bureau for :1985 Youth Recreation funds for the Town of Southold. SUPERVISOR MURPHY: On the question. Jim (McMahon) has to have this in by, I believe, the 20th of the month, that's why we had to add it on just now. He was notified yesterday. COUNCILMAN COCHRAN: Now, is this for recreation or is this part of the JAB grant? SUPERVISOR MURPHY: This is the JAB Program. COUNCILWOMAN COCHRAN: So it's not recreation funds. Does it come from Suffolk County Youth Bureau? SUPERVISOR MURPHY: Yes and no. It's used in the JAP Program. COUNCILWOMAN COCHRAN: Yes, juvenile. SUPERVISOR MURPHY: Yes. COUNCILWOMAN COCHRAN: But it's not recreation funds? SUPERVISOR MURPHY: It"s not the old fund that we had in the Youth Center, no. COUNCILWOMAN COCHRAN: I know that. I just question the wording here if 'it'S not used for recreational funds. SUPERVISOR MURPHY: Jim just brought this in at 5:30 tonight. COUNCILWOMAN COCHRAN: All right, just so there's not a misconception. Thank you o SUPERVISOR MURPHY: Any other questions on it? (No response.) 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: Okay, we'll hold off for another five or ten minutes on Resolution Number 25 and I'd like to ask at this time if any member of the Town Board would like to make any further comments? Joe? (No, no, Frank.) Paul? (Nothing.) Jean? (No, thank you°) Ray? JUSTICE EDWARDS: The only. comment I would like to make is I read through the--had a chance to read partially through the Airport Study volume that was given to us and I really agree with a lot of proposals they have in there and I certainly hope that the Town of Southold and the people of the Town will look favorably upon the Town Airport. Thank you. SUPERVISOR MURPHY: Jay, do you want to comment any? COUNCILMAN SCHONDEBARE: No, nothing really. I notice we have a number of people in the audience tonight. Normally we have nobody in the audience, but l see we have a few people here.---in any event we started at 8:30 this morning and all this is done, by and large, during our Work Session during the course of the day, so when we get up here, if'we're knocking out these resolutions one, two, three, it's because we've already discussed it. We already went over it and already determined what we're going to do before we get up here, so we did do our homework before we got here. That's all, Frank. SUPERVISOR MURPHY: Thank you, Jay. Ail right, is there anyone in the audience would like to address the Town Board? Sir~ MR. PHIL BARTH, Southold: For the people of the audience who weren't at the Work Session, i'd like to explain the reason for my remarks is that at the Work Session there was a gentleman by the name of Harold Reese, I believe, that came down to present a case for reopening a hearing that had already been closed and voted on. My reason for getting up hei-e is to obiect to that procedure. ! think it's illegal. If it isn't illegal it certainly is not ethical because it seems to me that it's playing favoritism. Here was a gentleman that had a chance, the~-e was a hear- ing, had a chance to come down and present his case. The public 'had a chance to come down and present their case.. The hearing was closed. There was a finding made on it and then here comes this gentleman down here again ancO' the thing is opened up. Now, this has happened time and time again and I think that the Board almost made a promise that they would not do it again, yet it keeps on happening. I think it's not fair and I think that once a hearing is closed and the determination is made, that's the way it should be. The fact that the gentleman might be threatening to litigate the case, I don't think the fact that you're going to open the thing again because if you find against him again he's going to litigate anyway. So if you have a finding stick with it and let him litigate. That's what we have lawyers for. 'SUPE]RVISOR MURPHY: Thank you, sir. Anyone else in the audience on the left like to comment, make any comments? (No response.) Over in the middle? (No comments.) On the right? (No comment.) Jay, I'm afraidZ-I hope you've finished or would you like another minute? COUNCILMAN SCHONDEBARE: No. SUPERVISOR MURPHY: Yes, someone? MR. JOSEPH BETTY, Henry's Lane, Peconic~ Maybe I misread this here, but this airport issue is just going to be discussed on the 18th, or is it going to be discussed tonight ? SUPERVISOR MURPHY: No, it's not tonight. There is a working session of the Committee on Thursday, December 6th. MR. BETTY: December 6th. On this issue? SUPERVISOR MURPHY: Yes, on the report. It's not a public hearing mind you, sir. MR. BETTY: Oh, I see. SUPERVISOR MURPHY: It's not a public hearing at all. We're a long ways away from where the Town is making a decision. This is a report of a committee,. The committee is made up of various representatives of the Townf civic associations, state and local governments and so forth. MR. BETTY: Do you have any idea when there's going to be a meeting on this issue? SUPERVISOR MURPHY: We're quite a ways away from it. You will be notified. On December 6th it is an open meeting, but it's not a public hearing. It's not a meeting where the meeting is going to be open for discussion by everybody. It's to hear the consultant and his report on what he has to say to the committee and there is going to be a visual inspection of the sites that were recommended in the report and then come back to discuss it. That's all. That will be 10:00 o'clock on Thursday morning is when they're meeting and the reconvenes at 2:00 O'clock in the afternoon here. MR. BETTY: One more question. Why are you holding this meeting in the day. I mean, why don't you hold it at night so you get more people? SUPERVISOR MURPHY: It's not a public'hearing. It's a committee meeting. COUNCILMAN SCHONDEBARE: It's not our meeting. SUPERVISOR MURPHY: It's not a Town Board meeting. This is not a Town Board function. This is a committee that was appointed by the Town Board last year to look into the proposed airport s~te and studies have been going on. The committee has met several times on this and this is a report of the committee on their findings. There's still more work to be done before any report is given to Southold Town Board, at which time when the Southold Town Board is going to make any decision there will be all kinds of public hearings. Plus, you can't go look at the farms at night. MRS. MARGARET SKABRY: When we first went to the informational program that was presented at the Peconic Senior Center about the possibility of the Master Plan · coming out there was a little star on the map about an airport. That surprised a lot of us and we asked at that very meeting how we went about getting rid of that star forever? So we were told to go to every meeting, write letters and attend more meetings and we were also told by one of the members of the Planning Board, no problem and he took an eraser and erased it. Real joke, right? SUPERVISOR MURPHY: No, it really wasn't. MRS. SKABRY: Here we are all this time later and now we've managed to select a few sites, specific sites, on a Thursday morning they're going to be going around looking at where they want to put their airport, which will become our airport, which we will have no control overt because Islip has no control and they have their own Town ordinances and stuff and they're in court. Not just our little airport, because everyooay's to be using it and we're going to be paying the price for it, f ~i going no matter what the FAA says it will pay, I'm not willing t.o pay for it. I haven't t ~i_ been willing to pay for it. If I want to fly I'll go to Kennedy Airport or someplace. Then I'll take a nice little trip. 1 don't care to sit around having planes that don't make noise fly over my house. ! came here because we lived near Kennedy Airport. I don't want it. I want to know--I've attended other meetings too. I've come down and followed you around, Mr. Murphy, because you were at the Mattituck meeting when the gentleman asked, "Do we have a right to vote on the Master Pla~" You didn't know the answer. So I followed you here, I dragged my kids to an afternoon meeting to t~nd out and you had to ask Mr. Tasker. The answer was, "No we don't." Now it comes out in Newsday, which we have to get our information from, or-The Suffolk Times, or the Watchman-Traveler. We'll turn into a lawyer reading the legal notices. Okay? That this is being considered as part of the Master Plan. Will this be slid into the Master Plan before we have a chance to put it to a public vote one and for all to make it 'clear to everyone, including Mr. Edwards w that maybe Fishers Island would like us to have, maybe some Orient residents would like us to have it. The majority of Southold Town residents do not want it. What do we have DECEMBER 4, 1984 to do to make you understand that this ~sense? What you're putting us through is definitely unfair and is not le people that have elected you all to your positions. When do we get our chance? Do we have to keep chasing you around to 3:00 o'clock in the afternoon meetings? 10:00 A.M. meetings? 9:00 o'clock meetings? Right? When I ask you if we're allowed to vote i get smug answers from certain members of the Board. Couldn't vote on Shoreham, why should you vote on this? Kno.wing full well my husband is an employee, not management, of the lighting company. We're met with arrogance. We are beginning to feel like we should return the favor and greet our Board this way, because you are not, in any way, shape or form representing us, you are representing a few people who fly, who came here when there was no airport for them. Now they want to make one. Give them pontoons for their planes or catapults for their own driveways, keep them the hell away from my property and out of my Town and don't go putting your meetings during the day when my husband can't be here so I have to get up here getting upset. Don't make them in the afternoon, don't go giving them special privileges of racing and saying, "Oh, ! want it here," and "It won't be any problem." Sure it won't. You're not living there. That house is all we have. We searched the whole South Shore and refused to move there because it's nothing but a tourist trap and noise and we came here to raise our family and not to'have to put with the same garbage that happened in towns that we grew with because the boards wouldn't listen to the people and wouldn't use good judgment. Please have the decency to listen to the people that have voted for you. We're not senile, and if you make a mistake and you don't represent us, it's not a threat, it's a fact, you will never be trusted and voted into office again, any of you. Thank you, very much to bring me to the point where I have such little faith in you as I had in past members of our school board. Thank you. SUPERVISOR MURPHY: Would you like a response? MRS. SKABRY: I don't think you have one that could give a straight answer to IlS. SUPERVISOR MURPHY: Anyone else like to make a comment? Frank. MR. FRANK BEAR, Southold: I understood that we would be welcome to ask questions or make any comments at .this meeting on Thursday afteroori. Is that not right? SUPERVISOR MURPHY: I don't believe so, sir.' MR. BEAR: I intend to do so nevertheless. SUPERVISOR MURPHY: Anyone else? Yes, in the back. MRS. LINDA SCHNEIDER, Saltaire Estates, Mattituck: ! was present this mornin~j at the meeting that you had from Seacom where we were discussing the possibility of us as a Town becoming a municiPality electric company and the price mentioned for this engineering consultant to come and really find out whether this was going to benefit us or not was $15,000. I look at this price that the FAA has charged in here, this Newsday report; $62,000 airport study--I understand it was the Federal Government that paid for it. Am I correct? SUPERVISOR MURPHY.' Yes. MRS. SCHNEIDER: Okay. We're Iookin~9 at a $15,000 study for the members of Southold Town which will benefit every6ne living and breathing here, young and old alike and i say let's table something like this forever for something that's just going to benefit a few persons. SUPERVISOR MURPHY: Thank you. Anyone else like to make a comment? Anyone? MR. TROY GUSTAVSON, The Suffolk Times: Question. What's the cost to the Town by adding the elected and appointed officials to the CSEA Benefit Fund? SUPERVISOR MURPHY: Multiply $250 by those names-- MR. GUSTAVSON: What names? There are no names listed here. SUPERVISOR MURPHY: On the resolution I .had. I'm sorry, Troy, I'll get you a copy of the resolution. I'll look it up and tell you. Ruth? MRS. RUTH OLIVA, Or.ient: I'd just like to make it part of the record. You received a letter from Greg Blass stating that the County is going to perhaps fund an Open Space Preservation Plan, and I did want to announce that last Saturday night, at the meeting of the Orient Association, there was a unanimous resolution passed to the County or to anybody that would listen, that they would favor a limited passive park at Orient Point and this is certainly a change from ten years ago and I think it's most important and I'm sure the Association will write to you DECEMBER 4, 1984 as of same and I'm sure the NFEC will and we'd also like to put in our plug f~r the St. Thomas property on Dam Pond and perhaps Robins Island and i'm sure there's a few others in Town. Thank you. SUPERVISOR MURPHY: Okay, on this point. Anybody in the audience or anyone who you know of has some projects for this open space--! don't really know, if it's going to come about. I think it's wishful thinking personally, on the County's part because of their financial situation. Hopefully it will come about and if there are any parcels in Southold Town, please write me a letter and we will forward them on with a letter also of recommendation for this to help preserve, it's most important but we can't do anything unless we receive letters from various associations or interested people in support of preserving some of these spots. So if anyone knows of any and has any feelings on itl even if you know an association is going to write a letter~ please write another letter. It's most important and it's the only way we'ret going to §et anything preserved if the money does become' available, is there anyon~ else with any questions in the audience? (No response.) If not, I'd like to move back to Resolution 25. COUNCILMAN SCHONDEBARE: So moved. SUPERVISOR MURPHY: Setting the Grievance Procedure. Do we have a second? COUNCILWOMAN COCHRAN: Second. 25.-Moved by Councilman Schondebare, seconded by CouncilWoman Cochran, WHEREAS, as a recipient of more than $2~,000 in Federal Revenue Sharin9 Funds, the Town of Southold is subject to the requirements of the Office of Revenue Sharing, and WHEREAS, it is necessary that the Town of Southold adopt an internal 9rievance procedure providin9 for prompt and equitable resolution of complaints alleging a..y action prohibited by the Office of Revenue Sharing's regulations (31 C.F.R~ 51.5~ (d) (2)) implementin9 Section 504 of the Rehabilitation Act of ~973, as amended (29 U.S.C..794), and WHEREAS, the Town of Southold Self-Evaluation Committee has written and recommended the below Grievance Procedurer NOW r THEREFORE, BE IT RESOLVED that the below "Section 504 Grievance Procedure be published in the official newspaper of the Town of Southold: PUBLIC NOTICE Section 504 Grievance Procedure Required Under Revenue Sharing Regulations (31 C.F.R. 51.55 (d) (2)) The Town of Southold has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's (ORS) regulations (31 C.F.R. 51.55 (d) (2')) implementing Section 504 of the Rehabilitation Act of .1973, 'as amended (29 U.S.C. .794). Section 504 states, in part, that "no otherwise qualified handicapped individual...shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance..." Complaints should be addressed to: Francis J. Murphy, Supervisor, Town of Southold, 53095 Main Road, Southold, New York 1:1971,(516) 765-1800, who has been designated to coordinate Section 504 compliance efforts. 1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. 2. A. complaint should be filed within ten business days after the complainant becomes aware of the alleged violation. ! (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a · case-by-case basis.) 3. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the members of the Town of Southold Self- Evaluation Committee. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if 'any, an opportunity to submit evidence relevant to a complaint. Under 31 C.F.R. 51.55 (d) (2), 'the Town of Southold need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions. 4. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by tl~e Chairman of the Town of Southold Self-Evaluation Committee, and a copy forwarded to the. complainant no later than thirty (30) business days after its filing. 5. The Section 504 Coordinator shall maintain, the files and records Of the Town of Southold relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) business days to the Southold Town Board. .. DECEMBER 4, 1984 7. A written determination as t~)' ~[i~ ~-esolution of the appeal, if any, shall be issued 'by the Southold Town Board and a copy forwarded to the complainant no later than thirty (30) business days after its filing. 8. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the Office of Revenue Sharing, U. S. Department of the Treasury. Utilization of this grievance procedure is not prerequisite to the pursuit of other remedies. : 9. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure the Town of Southold complies with Section 504 and toeh ORS regulations. Dated: December 4, .1984, Judith T. Terry, Southold Town Clerk. SUPERVISOR MURPHY: Any questions? (No response.) 25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Steutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, being that there is no further business before this Town Board I'd like a motion to adjourn. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that this Town Board Meeting be and hereby is adjourned at 8:35 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. ¢/2~dith T. Terry ~' Southold Town Clerk