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HomeMy WebLinkAboutTB-02/26/1985148 SOUTHOLD TOWN BOARD FEBRUARY 26, '1985 WORK SESSION Present: Supervisor Francis"J. Murphy, Justice Raymond W. Edwards, Council- raan Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Co~hran, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker. 9:00 A.M. - Executive Adminis[rator Victor Lessard met with the Board to discuss the p~oposed Local Law on Accessory· Apartments submitt'ed by Supervisor Murphy for comments. The Board has received other comments on this'from Councilman Townsend (who could not be at this'meeting), Board of Appeals, Planning Board and the Housing Advisory Committ'ee. After a lengthy discussion it was agreed that this:matter should be di,s(~ussed jointly with the Town Board, Code Committee, Board of Appeals, Planning Board· and Housing Advis6ry Committ'ee in:a special' session.--The Boardldis~ussed the proposed agreement with R.'.W. Beck and Associates for an Engineering Overview Study Establishin~j a Municipal Electric_ Utility and a request to the Power Authority of the State of New York 'for a · contract allocation of ten' megawatts of hydroelectric power and energy. These proposals will be placed on the regular agenda (Res01utiohs No. 34 & 35) after line item transfers are found for the $15,'0·00 fee for R. W. Beck (Resolution No. 33).-~Letter from John Clavin, Harbormaster, Fishers Island requesting the Board': approval of two dumpsters to handle the garabe deposted by boat owners' visiting West Harbor was di,scussed. It was determined that the location of the dumpsters would not be on Town property and they are als0 used by the Yacht Club who should also be responsib[e.' Superintendent of Highways Dean will look into this problem, discuss i.t with Mr. Clavin and-find'a solution for the problem.--In another letter Mr. Clavin:recommended the increase in mooring fees at West Harbor from $50.00 to $100.00 for non-resid'erJts~' Th~'B0ard agreed and Town Attorney'Tasker will prepare a Local Law for submission at the March 12th meeting. Mr. Clavin also volunteered for another appointment as Harbormaster and agreed to extend his term for the full year. The Board had no objection and a resolution will be placed on the March 12th agenda.--A proposed Local Law concerning buildin~j _,set back requirements on lots adj,acent to water bodies and wetlands was discussed and placed on the regular·. meeting agenda (Resolution No. 37} ?-Another proposed Local Law for a partial real estate property tax exemption for Senior Citizens was reviewed and placed on the regular meeting agenda (Resolution, No~ 36).--Proposed Resolution No. 14, An Act authorizihg the Town of Southold to; establish'a land acquisition fund and also authorizing said' Town to impose a real property transfer ..... l~ax to be-deposited in·the [and acquisition fund, was reviewed;, Town Attorney ',Tasker submitted the revised East Hampton law as he felt it should pertain-to Southold Town. 11:25 A.M. -John Dorman, Chairman of the Landmark Preservation Commission, addressed the Board concerning Resolution No. 25, a proposed application and proposal to~'the New York, State Council On the Arts for a Historic :StruCtures grant. (Commission member Louis Black was also in attendance.) Mr. Dorman made a most impressive presentation to the Board, concerning the Commisgion's .accomplishments and their goals for 'the future. He explained that the grant would be in:the amount of $6,000 for two Successive years for a historic'structure's inventory and would encourage the preservation of landmarks through, educational activities. 12:05 P.M. - Recess for-lunch. 1:30 P.M. - Work Session reconvened,and the Board continued reviewing items for discussion, as well as agenda resolutions: Proposal of County Executive Cohalan for a Constit~itional Amendment which would allow counties which so elect to participate in housing programs and the creation of a Suffolk County Housinq Authority. The Board unanimously opposes this proposal and thereby added Resolution No. 32 to the regular meeting agenda.--Request from William Wickham, Esq., on behalf of E. Wilson Tuthill, to turn over to the Town a "proposed basin" in:histsubdivision known as "Sunny Shores" at Cutchogue. Town Attorney Tasker will research the ownership of the parcel.--Communications system proposal from AT&T Information Services was presented to the Board by Supervisor Murphy. The Board was concerned with the cost and suggested that other proposals be sought.--Receipt of proposal by Dr. Edward Carpenter who appeared before the Board previously, concerning a project to monitor for paralytic shellfish poisoning (red tide) in Town waters at a cost of :$9,1.29. it was decided a letter should be forwarded to the DEC and Suffolk County Department of Health Services asking them to monitor for this 'problem as the Town does not have the equipment or ability to do so.--Letter from the Suffolk County Legislature. concerning a March 14th meeting concerning a proposal to create a Suffolk County Housing Task Force. Councilwoman Cochran will attend.--Letter from the East End Livestock and Horsemen's Association, Inc. requesting the Code Committee to reconsider proposed amendments to the Zoning Ordinance concerning principal use and accessory use of land.. Councilman Schondebare will:meet with the Association's President Frank Tarulli to iron out their ~lifferences and again'di.scuss this 'with the Code Committee.-- Councilman Stoutenburgh brought to the Board's attention a lisl~ of Freshwater Wet- lands in the Town which he would like the DEC to consider in the preparation of their 'final Freshwater Wetlands Map. He stressed the importance of the DEC recogniz~' lng these areas and the Board, agreed the list should be submitt'ed. · 2'::30 'P.M. - Frank Bear, Chairman. of the Water Advisory Committ'ee, met with the Board to request permission to hold two public informational meetings concerning water quality and quantity in:the Town. Theywould like to hold one on March 27th at Poquatuck Hall, Orient for residents of East Marion and Orient and one on April 10th for the remainder of the Town. At these meetings Martin:Trent will address the water, conditions, James Monsell will address supply, and Dave Newton with discuss the problems that exisi. The Board agreed the meetings would be important and should be held. Mr. Bear submitted to the Board for their~approval a proposed flyer entitled, "The Water We Drink." He would like 5/000 printed for distribution throughout the Town, as well as inclusion in the Greenport. Village water billings. With minor, changes suggested by Councilman Stoutenburgh printing of the flyer was approved, the money for which has been provided in the 1985. Water Advisory Committee Budget. 2:~5 P.M. - Continued review of agenda and off-agenda items: Councilwoman Cochran bro.u, ght to the Board!s attention the need for an attendant at the Senior/Youth Center when evenin9 events are ,scheduled, stressing her concern relative to vandalism when a custodian is not on duty. Superintendent of High- ways Dean will'work with Mrs.. Cochran to schedule an attendant during those hours.--Discussion was held relative to the need for a second Bay Constable now that Bay Constable Fingerle has been appointed to the Police Department. it was decided the Supervisor would request a Lisi of Eligibles from the Department of Civil Service and in'the event there is no one on the lisl!, the Town Clerk is'to advertise for resumes. (Resolutions 38 and :39 on the regular meeting agenda.)-- Councilman Stoutenburgh requested the Board to consider acquisition of the Diellz ' property on Mattituck Inlet. Town Attorney Tasker will' research this~matter.-- The question of the established practice of advertising for resumes and interviewing for positions presently held by various members of Boards, Commissions and Committees was discussed. The Board is unsure-of the need for this'in'many instances. They will completely review this 'procedure in three months time. 3:00 P.M. - Following the-au~lit-~ofoutstanding vouchers for the Highway Department and Fishers Island Ferry, Disfrict the Work Session adjourned. REGULAR MEETING 3:00 P.M. A Regular Meeting_ of'the Southold Town-Board was held on Tuesday, February 26, :1985, at the Southoid 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. P resent: Supervisor Francis J. Murphy 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 Absent: Councilman Josel~h L. Townsend, Jr. (out of town) SUPERVISOR MURPHY: .The first thing I would like a resolution approving the February 26th, :1985 audit of the bills, Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was RESOLVED that the followin9 audited bills be and hereby are ordered paid: Highway Department bills in the amount of $28r756~95 arid Fishers Island Ferry Districl~ bills in'the amount of $166,971,00. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenbur§h, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The next is to ask for a resolution approving the minutes of the Regular Meeting of February. 5th, 1985 and the Special' Meeting of February 21st, :198S:. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the minutes of the Regular Meeting of the Southold Town Board held on February. 5, :1985: and the minutes of the Special Meeting of the Southold Town Board fi~ld on February 21, 1985: be and hereby-are approved. Vote of the Town Board: Ayes: Councilwoman' Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice. Edwards, .Supervisor Murphy. This:resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The next resolution is to set the next meeting date at March 12, ;1985: at 7:30 'P.M., Southold Town Hall. Moved by Supervisor Murphy, seconded by-Justice Edwards, it was RESOLVED that the next Regular Meetin~ of the Southold Town Board will be held at 7:30 P.M., Tuesday, March 12, .1985 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman C0chran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This ;resolution was declared duly ADOPTED. !. REPORTS. SUPERVISOR MURPHY: Moving on to the first item on your agenda, Reports, the following reports are on file in the Town- Clerk's Office. 1. Sztpatowski Associa[es Inc., our planning consultant, for January :1985'. 2. Southold Town Juvenile: Aid:Bureau, Annual Report for :1984. A very interesting report and one that I think the Juvenile Aid~Of-ficers and Jim:McMahon are doing a tremendous job. 3. Town Justice Edwards, January .'1985'. 4. Town Justice Tedeschi, January .1985:. 5. Board of Town Trustees, January :1985'. 6. Dimensino Cable Services, progress update. 7. Southold Town Police Department monthly report, January :1985. 8. Councilmen and I Will start on my right hand side with Councilman Schondebare. COUNCILMAN SCHONDEBARE: We had a meeting of the Commerce and Industry Committee last week. We changed the date of it. it used to be the second Wednesday of each month and we made it 'the third Wednesday of each month. Some of the areas that we touched upon was the density applying to multiple dwellings, which is on our lis[ for tonight. We also talked about the airport. I think that their basic feeling is~ and i think the Chamber, came out with it,'- is to see the Airport Study completed. I also asked David Mudd to again present to me a ko'ning concept from somewhere per- taining to. vineyar.ds so we had something to work with. We also discussed the rerouting of Route 25 and ! know they have sent a proposal to the Town with their recommenda- tions as to posting of signs, etc. rather than changing the route itself. They seem to be greatly, concerned about the, cost to the Village of Greenport on having to take?~ over the snowplowing and paving and sidewalks if 'the road is'changed and the State', no longer is responsible for it. I think we already reported on the Code Committee . on horses and everything else. We have a proposal submitted with regard-------~ t-6 th---~ new horse ordinance. We gave a copy of it to the East End Horsemen's Association. I received correspondence back from Frank Tarulli i'ndicating in sum and substance that he didn't like it and the Associa[ion didn't like it. I've set a meeting with Mr. Tarulli for this Thursday at 5:00 o'clock so that he and I could sit down and go over it.' In addition, just looking it 'over there are some problems that I have to di.sdu§s it with our Town Attorney since I believe amended one section of it pertaining to horses and I think we wiped out all the cows, pigs and sheep in' the Town so I think we better revamp it again; Outside of that everything's going along smoothly. SUPERVISOR MURPHY: Thank you, Jay. Joe Townsend's on vacation down in sunny Mexico. Paul? COUNCILMAN STOUTENBURGH: As we all know we went to the Associa[ion of Towns meetin9 last week. It was quite an event. Lots of things going on there. FEBRUARY 26~ 1985 151 Just a few highlights, and these are jus~ta.few of them. i was particularly interested in finding out what was being done at Conservation Advisory Couricil meetinqs for the simple reason we're thinking of do!ng something as far as making our Council a little more active and ~t 'was interesting that they presented two programs. One on a beach area that they're setting aside. This 'is something that we've been doing, Ray Dean has been cooperating with us here at Cedar Beach, but the Councils take these things on and do the patrolling, putting up the fence, setting up education programs, sending out leaflets, things like this, so that was quite a program. The other program was the preservation of the Nissequogue River which the Smithtown Conservation Advisory Council-~if'any of you know the big bull in'Smithtown, that river that runs all the way down to the Sound, well they're working on that and setting that whole area up. But the one that really fascinated me and one which is close to my heart because it has to do a littte bit indirectly with groundwater was the Babylon group and the Babylon people have taken on the project of surveyin9 their 'town for home heating fuel tanks with the idea that the problem is just starting to arise in the towns. That fuel tanks are rotting out and polluting their own water and they made a survey--and just let me read some of the things they're finding: six percent of their town had one to five year old tanks, seven percent had six to ten, seventeen percent of the tanks were eleven to fifteen years old, twenty percent of the tanks were sixteen to twenty years old and forty-seven percent of the tanks were over twenty-one years old. The average life they give for a tank is fifteen years,. That give you any indication of the problem that's going on or is "starting to leak into our groundwater or will be leaking into our groundwater if 'we were the same kind of town~ What they, re doing is setting up an educational program so that the people will be able to monitor their own tanks. Now a lot of people say, well, who's going to do that? Who cares if 'it runs into their groundwater? Well, here you run into your groundwater you turn on your faucet you're going to be getting fuel oil out of it 'and to clean that mess up-is ten times more expensive then just putting ~n a new fuel tank if~you think you have a problem. And so by letting it go you're not gaining anything and this is what they're trying to educate their people, i bring these things 'to. you to show that some of these conservation groups are really taking on a project and really doth§ something with it. We also attended many others, the PASNY one which we have a resolution in here with touches on that. We also spoke about sendin9 things in our tax bill; Judy and ! sat through that one. What you. can send along with a tax bill, again trying to educate the public, giving the public.some idea of what's going on in'their town, where they - can get permits and things and this was a. complicated legal thing which has been worked out it was that important that they put it on the Association of Towns agenda. We know how to go about that now and I did go to this one where they had early retirement and we're thinking of some of the employees in the Town getting out early and an early retirement program and we brought back good information that will'help us in these problems, So ! think in all if anything a little bit here, a litt'le bit there gives us all a broader understanding of what's going on, not only in our own Towns, but in'other towns around us. i think that's about all. SUPERVISOR MURPHY: Thank you, Paul. 'Jean? COUNCILWOMAN COCHRAN: I also attended the Water Advisory meeting on February llth of which Frank Bear reported to the Town Board during the Work Session. ! didn't realize, Jay; that we wiped out all the chickens in the Code Committee. COUNCILMAN SCHONDEBARE: We did; COUNCILWOMAN COCHRAN: I also' met with the Chamber of Commerce on the 13th of which Jay has just reported. Also I found the Association of Towns a interesting format this year. Whenever you go to any of these conferences some of your speakers are excellent, some are mediocre and some are just "eh", but overall I felt that it was a good session to attend. I spent all day Tuesday sitting in on the different zonin9 seminars because ! felt that that was an area that I would like to know more about. In addition to attending the Workshop on PASNY. Also an interesting one that I felt, which I attended, was Legal Concerns and Antitrust in Civil Rights and Liabilities in Land Use Regulatory Actions. Overall I felt that it was worthwhile and I felt ! did benefit by attending on behalf of the Town. Also this past week as a member of the Town Board CSEA Negotiating Committee we did' meet with Mr. Graves in relation to the CSEA contr.act, l've also met several evenings ago with the Housinq Advisory Committee and the major part' of the evening was spent on reviewing the local law in relation to accessory apartments. The only other thing I'd like to thank the Greenport Fire Department for inviting us to take part in their Washington Day Parade and to add my. congratulations to their 140 years of service to the community. That's it. SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards? JUSTICE EDWARDS: I also attended the Association of Towns down in New York and parallel to what Paul was talking about I attended a seminar given by Owens Cornin9 Glass Company regarding double walled glass tanks and they had an excellent slide presentation and the tanks are quite expensive. It ~works out to about a dollar a gallon to buy them, but these double tanks have a monitoring device where you can tell if it's leaking and it was very encouraging to realize' .that people are starting to become aware, of a buried tank. There is a maintenance procedure that people can use and I hope they go into this 'to safeguard these tanks from leaking. True, as Paul said, the life expectancy of them is fift'e'en years, but with giving good care it can be more than that. The tank will leak from the inside out, not from the outside. It's because of the water that's added to .the oil ~hat .forms an acid that eats away in the tanks. And another conference I attended down in New York was on the bottle bill~ There's some new rules and regulations involving the bottle bill and on Fishers Island we're very concerned with it over there because we do not have a redemption center, per se, that you have here. IPs getting to be quite a problem. So all in all the Association of Towns is a good meeting place for new ideas. It's very very good. 'Just a little while ago I okayed a voucher for 'the Ferry Disirict to the ship- yard down in'Panama City; Florida that's building our new vessel and I would imagi~ it's about twnety-five to thirty percent complete now. What was that check? About $'159,000, of which only Fishers Island pays for. Thank you, Frank. ~.~ SUPERVISOR MURPHY: Thank you, Ray. The best thing I brought back from the Association of Towns was a real good cold and I'd be happy to give it to anyone who would like it.~ I1. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving-on to the second item on the agendal Public Notices. 1. Corps of Army Engineers, application: of John G. Scott to in§tall two moored shellfish nurseries in Cutchogue Harbor, Cutchogue. 2.(a) Public 'Service Commission public 'hearing on New York Telephone Company rate increases, 7:00 P.M. in Plattsburgh. They really make an effort to get around to make it-easy for us down here. 2.(b)Public:Service Commis§ion public'hearing on New York Telephone Company rate increases, Buffalo. That tells you something about what they think of us or our input. But you may write to them also and there will be one, I'm surer down at Mineola. These by the way, all' these public notices, are on the Town Clerk's Bulletin Board. 3. Department of Environmental Conservation, Tentative Freshwater Wetlands Maps for Suffolk County and informational meetings on March 12th, 2:.00 to 7:00, and · public hearings on Tuesday, March 9th, 2:00 to 7:00. Both to be held in New State Department of Environmental Conservation Conference Room, Building 40 State University at Stony Brook. 4. DEC Notice of Complete Application of John G. Scott Ill for off-bottom culture of shellfish permit 'which shall allow the placement and operation of an off- bottom shellfish, culture grow-out activity in: the waters of Cutchogue Harbor. Written comments by March 1st. 5. DEC Notice of Complete Application of Seacroft, Ltd. by Richard Cron to install a complete water-supply system, including wells, pumping equipment, storage and disl~ribution system to serve a new adult, community in Cutchogue. 6. New York State DEC Notice of Complete Application of Gary Doroski to construct an accessory building, Monsell Lane, Mud Creek, Cutchogue. I!I. ' COMMUNICATIONS. SUPERVISOR MURPHY: Moving on to item Number !II, Communications. 1. Notice about the. Lon9 Island Flower Show that will be held at Farmingdale, at the State University of Farmingdale, March 2nd to 10th; 2. Letter from the Greenport-S0uthold Chamber of Commerce on various--it's a letter to Mayor George Hubbard on various problems with the business, community in the Village. SUPERVISOR MURPHY: We're just about in'time for our public hearings. We have two .scheduled today. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it .'was RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of holdil public hearings. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This 'resolution was declared duly ADOPTED. IV. PUBLIC HEARINGS. 3:30 P.M. - Proposed Local Law entitled, "A Local Law in relation to electing a retirement incentive program as authorize~l by Chapter 665, Laws of ,1984, for eligible employees of the Town of Southold." 3:35 P.M. - Proposed amendment of the current Town Budget .relative to the use of Federal Revenue Sharing Funds. Meeting reconvened at 3:37 P.M. FEBRUARY 26, 1985 153 V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move 6~;~'~6:"i't~m' Number V, Resolutions. Paul? Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ and directs Supervisor Francis J. Murphy to execute a contract between the U. S. Department of Housi~n9 and Urban Development and the Town of Southold for the Section 8 Annual Contributions for the 12 month period endin9 June 1985, all in accordance with the terms and conditions of the contract as approved by Town Attorney Tasker. SUPERVISOR MURPHY; Any questions on this? (No response.) 1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This :resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The next one I'd like Councilwoman Cochran to read concerning Girl Scouting. COUNCILWOMAN COCHRAN: Thank you. 2. Moved by Councilwoman Cochran, seconded by the Entire Town Board, WHEREAS, Tuesday, March 12,'.1985 will'mark the 73rd Bir[h of Girl' Scouts in the United States, when on that day back in the year ~1912 Juliette Gordon Low, their founder, held the first meeting of girls in her home in Savannah, Georgia; and WHEREAS, the Girl Scout Councils and their?Troops ,across America have undertaken a multitude of highly commendable projects, a means of helping others and encouraging youth participation and involvement in'worthwhile; endeavors, and WHEREAS, through these many years Girl' Scouting has exemplified and enhanced those qualities of womanhood most admired, and encouraged many young women to choose careers which help improve family and. community, and WHEREAS, the Girl Scouts-of America have fostered, the growth of char.acter, self- reliance, integrity, development of talent and love of God and Country, now, therefore be it RESOLVED that the Town Board. of the Town of Southold hereby proclaim: the week of March 10, :1985 as AMERICAN GIRL SCOUT WEEK in the Town of Southold. 2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is a house traile'r renewal permit. 3. Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was RESOLVED that the application of Zdzi~faw Mikolajczyk ifor renewal of his "single family house trailer permit for trailer located n t~-~ ~-~-u~-~ si-~ ~-~ ~r~a-~ ~ (John's Road), off of the east side Main Road, Mattituck, New York, which expired on January. 9, 1985, be and hereby is 9ranted for a six (6) month period. 3.-Vote of ~- Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, :Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY; Number 4 is a signifi~:ant determinatio~ on a zohe change. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, WHEREAS, Herbert Mandel has heretofore applied to the Southold Town Board for a .Change of Zone from "A" Residential and Agricultural District to "B" Light Business District on. certain property located on the north side of N;Y;S. Route 25', East Marion, New York., NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1.. That pursuant to the provisions of Article 8 Of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action proposed is a Type I action and is likely to have a signi'fi~ant effect on the environment. 2. That the Town Clerk shall file' and circulate such determination as required by the aforementioned law, rules and code. 3. That the Town Clerk'immediately notify the applicant, Herbert Mandel, of this determination, and further request said applicant to prepare a draft environmental impact statment, all in accordance with said laws, rules and code. SUPERVISOR MURPHY: 'Any questions? (No response.) 4.-Vote of the Town Board:' Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to set a public hearing on a draft environmental impact statement. 5. Moved by Councilman Stoutenburgh, seconded by 'Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold, in ,accordance with Chapter 44, Section 44-.10(B) of the Code of the Town of Southold, hereby sets 8:00 P.M., Tuesday, April. 9, :1 985, Southold Town Hall, Main Road, Southold, New York as time ~nd place-for a I~t]bJic hearing upon the Dr. aft Environmental Impact Statment submitted by Elizabeth J. Homan for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain--pr~operty located on the southerly side of Main-Road CRoute 25), 415.42 feet'east of Stillwater Avenue, Cutchogue, New York. SUPERVISOR MURPHY: Any questions on it? (No response.) 5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to grant an extension of a Wetland Permit. 6. Moved by Justice Edwards, seconded by CouncilWoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby grants an extension of Wetland Permit No. 144, applicant Michael Carlucci, 'said extension to expire on July 17, .1985, which extension coincides with Town Trustee permit extension. 6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, 'Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is~to accept a bid for new police cars. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby .accepts the bid of Mullen Motors., Inc. for' supplying the Town with six (6') new :1985 Police Vehicles, less six :(6) trade-ins, at a net cost of $64, 395.'00. SUPERVISOR MURPHY: Any questions on it? COUNCILMAN STOUTENBURGH: Do they come through equipped just the way we want them, everything on them? SUPERVISOR MURPHY; Yes, it's a regular polic~ package, Paul. That's why you have to go out to bid at this time of the year. We won't .accept delivery, probably, until the end of May. -. COUNCILMAN STOUTENBURGH: You don't get any 5 year, 50,000 guarantee on this either. '9. SUPERVISOR MURPHY: No, sir. You use 50,00.0 inta little over a half a year. 7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This "resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to rej.ect a bid-'-all bids. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it 'was RESOLVED that the Town Board Of the Town of Southoid hereby rejects all bids for the purchase of one (1') new :1985 Vehicle for the Bay Constable, as submitted at the bid opening.: 10:00 A.M., Thursday, February 14, ~1985. SUPERVISOR MURPHY: Any questions on this? (No response.) ~ 8.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, ~,_ ,~ Councilman Stoutenburgh, Justic~ Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number, 9 is 'to readvertise for bids for this vehicle. Moved by CouncilWoman Cochran, seconded-~by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ and directs the Town Clerk to advertise for bids for the purchase of one (1) new':1985: Vehicle for the Bay Constable. SUPERVISOR MURPHY: The reason for this is 'that the specifications that were submitl~ed to the Town Clerk neglected one page which was very important on specifications concerning'suspension, axle, wheels, tires, brakes and steering. Most important. 155 COUNCILMAN SCHONDEBARE: You 'woUld ,have gotten, cars with no suspension, wheels, axles .... SUPERVISOR MURPHY: Any other questions? (No response.) 9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is tR, authorize' the Town Clerk to advertise for a bid: 10. Moved by .Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ and directs the Town Clerk to advertise for bidA for the purchase and application of 1.50,'000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials, for the Highway Department. '10.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Resolution No. I~ is for a speed survey. 11. Moved by Councilman Stoutenburgh, seconded by CouncilWoman Cochran, it was ~RESOLVED that the Town Board of the Town of Southold hereby authorize~ and directs the Town Clerk to request the New York State Department of Transportation to, conduct a speed survey on Elijah's Lane, Mattituck, from N.Y.S. Route .25 to the Railroad tr. acks, and on Manhanset Avenue, Greenport, from N.Y.S. Route 25 to its terminus at the Norman E. K|ipp Marine Park (Gull Pond)~ SUPERVISOR MURPHY: On this; just as a sidelight, at the Associa[ion of Towns one of the resolutions we were asked to. vote upon was for towns under 100,'000 people to get back this power to set their own speed laws and thankfully it W~s rejected by the towns mainly because of 'the old ways of setting speed traps. This is the purpose of it in t(~wns of our size' s0 that we cannot set speed traps, that it is done profession- ally. They feel Lhat towns less than 100,'000 Should not have this power and I agree. Any other questions? (No response.) 11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is to adjust the 1984:Nutritibn Budget. 12. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby increases the estimated revenues in the 11984~ Nutrition Program Budget by $2'0,000.00- cash lieu, and $584.00 - use of money and properties. 12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: NUmber 13 is to authorize' the building inspectors to attend a conference. 13. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ two Buildin9 Inspectors to attend the Tenth Annual Building Official's Educational Conference at Rochester, New York on April 22, 23, 24, 1985, and the necessary and actual expenses for meals, lodging and travel shall be a legal charge against the Town of Southold. 13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman ~chonoet)are, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is the enabling legisl'ation for our proposed land bank. 14. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, WHEREAS, pursuant to SectioA 40 of the Municipal Home Rule Law of the State of New York, this Town may request the State Legislature to pass a special law relating to its property, affairs of government, which law, by its terms, applies only to the Town of Southotd, and WHEREAS, the Town Board desires the introduction and enactment of a special law entitled, "AN ACT authorizing the Town of Southold, County of Suffolk, to establish a land acquisition fund and also authrozing said ]-own to impose a real property transfer tax with revenues from said tax ~o be deposited in the land acquisition fund," a copy of which is annexed hereto and made a part of ~his resolution, and WHEREAS, a need exists for the passage of said legislation because the Town cannot FEBRUARY 26, 1985 enact such legislation by local law, and WHEREAS, the Town Boards of the Town of East Hampton and Southampton have also requested the passage of identical' legislation for their Townships, now, therefore, be it RESOLVED that the Town Board requests the introduction and enactment of said special law, and be it further RESOLVED that the Town Clerk is hereby directed to forward a copy of this resolution to the Town's State Legislators as well as to .the Town Boards of the Towns of East Hampton, Southampton, Shelter Island, Riverhead, and Governor Cuomo. AN ACT authorizing the Town of Southold, County Of Suffolk, to establish a land acquisition fund and also authorizing said town to impose a real property transfer tax with revenues from said tax to be deposited in the land acquisition fund. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. LEGISLATIVE FINDINGS AND INTENT The legislature finds that the protection and preservation of open space, significant natural areas, places of special historical or cultural significance, and the provision of affordable housing, are public purposes that greatly concerh the people of the State. It is further found that techniques such as the creation of land acquistion funds, permit local governments to carry out such purposes. Therefore, this act zs intended to en-~ble the Town of Southold, Suffolk County, to protect and preserve its open space, natural areas, histcrical and cultural resources and provide affordable housing opportunities through a land acquisition fund, financed by a tax levied on the'transfer of real property within the Town. SECTION 2. DEFINITIONS As used in this act, the following words and terms shall have the following meaning: (a) "Person'" means an individual, partnership, society, association, joint stock company, ~corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, or any other form of unincorporated enterprise owned or conducted by two or more persons. (b) "Deed" means any document, instrument, or writing (other than a will) regardless of where made, executed or delivered, whereby any real property or interest therein is created, vested, granted, bargained, sold, transferred, assigned or otherwise conveyed. (c) "Real property or interest therein" means every estate or rzght, legal or equitable, present or future, vested or contzngent, in lands, tenements or hereditaments, which are located in whole or in part within the town. It shall not include a mortgage or a leasehold for a stated term of years or part of a year except where the term of said leasehold and any options for renewal exceed forty nine years. It shall not include rights to sepulture. (d) "Committee" means the committee appointed by the Town Board of the Town of Southold to act in an advisory capacity to the Town Board with regard to land acquisitions. (e) "Consideration" means the price actually paid or required to be paid for the real property or interest therein, whether or not expressed in the deed and whether paid or required to be paid by money, property, or any other thing of value. It shall include the cancellation or discharge of an indebtedness or obligation. It shall also include the amount of any mortgage, lien or other encumbrance, whether or not the underlying indeotedness is assumed. (f) "Fund" means the Town of Southold, Suffolk County, land acquisition fun~ created pursuant to Section 3 of this act. FEBRUARY 26, 1985 157 (g) "Grantor" means the person making, executing or delivering the deed. (h) "Grantee" means the person accepting the deed or who obtains any of the real property which is the subject of the deed or any interest therein. (i) "Recording Officer" means the Suffolk County Clerk (j) "Town" means the Town of Southold, Suffclk County, excluding areas within incorporated villages located therein. SECTION 3. LAND ACQUISITION FUND AUTHORIZED (a) The Town Board of the Town of Southold in Suffolk County, may establish, by local law, a land acquisition fund for the purpose of acquiring and administering rights in real property within the Town (i) for the preservation of open spaces and areas pursuant to section two hundred forth seven of the General Municzpal Law, (ii) for the preservation of historic or cultural places and properties pursuant to article 5-k of said law, or (iii) as part of an urban renewal plan pursuant to Article 15 of said law to provide residential housing opportunities. (b) The TQwn Board shall have the power to borrow money; and issue bonds to effectuate the purposes enumerated in paragraph (a) of Rthis Section. (c) Deposits into the fund shall include (1) funds from whatever source deposited into the fund by the Town of Southotd, County of Suffolk, the State of New York, the United States government, or any of their instrumentalities, agencies, or political subdivisions; (2) voluntary contributions of money and other liquid assets to the fund from any private source; (3) revenues from taxes imposed upon the transfer of real property interests as set forth in Section 6 of this act, together payments of penalties under Section 11 of this act. (d) Monies credited to said fund may be utilized to pay the cost of acquisition of interests in real property authorized pursuant to paragraph ~(a) of this Section, and the costs and expenses for the care, maintenance, preservation and improvement thereof. (e) Said local law shall also provide~ for a committee to advise the Town Board with respect to land acquisition. The number of members, powers, duties and procedures of said committee shall be provided for in said local law consistent with this act. (f) The tax authorized by Section 6 of this act may only be imposed where the fund provided for in this Section has been created. SECTION 4. MANAGEMENT PLAN PROVIDED FOR FUND The Town Board shall annually approve a report which is consistent with. the Town Master Plan. The report shall show all real property interests then currently held by the Town, including a description of the use thereof, and all acquisitions, improvements or dispositions of real property interests held by the Town at any time during the year, including the reasons for such acquisitions, improvement or dispositions. SECTION 5. FISCAL MANAGEMENT FUND (a) The Town shall keep a full and accurate account of its actions, including a record as to when, from or to whom, and on what account money has been paid or received relative to this acc, and as to when, from and to whom and for what consideration real property interests have been acquired, improved, and disposed of. (D) The Town Supervisor of the Town of Southo!d, Suffolk County, shall kee~ a full and accurate accoun5 stating when, from or to whom~ and on what account money has been paid or received relative to the activities of the Town and the open space acquisition fund. SECTION 6. TAX AUTHORIZED Notwithstanding any other provisions of law to the contrary, but subject to the limitations enumerated in this act, the Town of Southold, Suffolk County, acting through the Town Board, is hereby authorized and empowered to adop~ and amend local laws imposing, a tax on each deed at the time it is delivered by a grantor to a grantee at the rate not to exceed two percent of the consideration or value of the real property 6r interest'therein conveyed. A~graduated rate of tax providing for an increased rate of tax for increased consideration may be enacted in said local law, however, in no case shall the highest rate exceed two percent. SECTION 7. ADMINISTRATION OF TAX (a) The tax authorized by this act shall be administered and collected in such a manner as may be provided by local law with such amendments in respect to administration and collection as may be enacted. (b) Nothing contained herein shall limit the authority of the Town to enter into cooperative agreements for the collection of the tax authorized by this act. (c) A recording officer shall not record a deed unless the tax authorized by this act shall have been paid. SECTION 8. PAYMENT OF TAX (a) The real estate transfer tax ~hall be paid by the grantee. If the~grantee has failed to pay the tax authorized by this act, or if the grantee is exempt from such tax, the grantor shall have the duty of paying such tax. (b) For the purpose of the proper administration of this act and to prevent the evasion of the tax hereby authorized, it shall be presumed that all deeds are taxable. Where the consideration includes property other than money, it shall be presumed that the consideration is the value of the real property or interest therein. Such presumptions shall prevail until the contrary is proven, and the burden of proving the contrary shall be ~pon the grantor. SECTIOn'9. EXEMPTIONS (a) The following shall be exempt from the pas~ent of the real estate transfer tax: 1. The transfer of real property interests to The State of New York, or any of its ggencies, instrumentalities, political subdivisions, or .public corporations (including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada.) 2. The transfer of real property interests to the United Nations, the United States of America and any of its agencies and instrumentalities. 3. The transfer of real property interests to any corporation, association, trust, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, or for the prevention of cruelty to children or animals, and no part of the net earnings of which inure to the benefit of any private shareholder or individual and no substantial part of the activities of which are used to influence legislation; provided, however, that nothing in this paragraph shall include an organization operated for the primary purpose of carrying on a trade or business for profit, whether or not all of its profits are payable to one or more organizations described in this paragraph. (b) The'tax shall not apply to any of the following deeds: 1. Deeds which are or were used to secure a debt or other obligation. 2. Deeds which, without additional consideration, confirm, correct, modify or supplement a deed previously recorded; consideration and otherwise than in connection with a including deeds conveying realty as bona fide gifts; Deeds' or conveyances of real property without sale, 4. Deeds given in connection with a tax sale; 5. Deeds given pursuant to mergers, dissolutions or consolidations of corporations or transfers by or to subsidiary corporations by a parent corporation for no consideration other than cancellation or surrender of the subsidiary's stock; 6. Deeds of partition. SECTION 10. LOCAL OPTION EXEMPTION The Town Boar~ may, by local law, allow an exemption not to exceed one hundred thousand dollars of the consideration of the conveyance of residential real property or interest therein. Different rames of exemption may be provided for improved and unimproved residential real property. SECTION 11. PENALTIES The Town Board may, by local law, impose penalties failure to pay.~he tax authorized by this act. SECTION 12. DISPOSITION OF REVENUE for Ail revenues 'collected by the Town pursuant to Section 6 of this act shall be deposited in the land acquisition fund of the Town, pursuant to Section 3 of this act. SECTION 13. LIMITATION ON TAXING AUTHORITY The authority to impose the tax provided for in Section 6 of this act shall terminate, if on December 31, 1994, there shall be no bonds or other obligations of the Town issued for the purposes authorized by this acm. SECTION 14. EXISTING POWER AND AUTHORITY Nothing contained in this act shall be construed as limiting the existing powers and authority of the Town of Southold. SECTION 15. SEVERABILITY If any provision of this act or the application thereof shall for any reason be adjudged by any court of competent jurisdiction be invalid, such judgement shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the provisions thereof directly involved in the controversy in which the judgement shall have been rendered. SECTION 16. REFERENDUM The provisions of this act shall not become effective or become operative in the Town of Southold until submitted to and approved by a majority of the qualified electcrs of the Town of Southold voting at a special or biennial ~own election pursuant to the provisions of Article 6 of the Town Law. SECTION 17. EFFECTIVE DATE This act shall take effect immediately. 160 · FEBRUARY 26, 1985 COUNCILMAN SCHONDEBARE: I've got a lot of questions. First of all ! view this as a sloppy, improperly drawn law that's being sent to Albany where it's supposedly going to die in a committee~ I think that's exactly the intention of these people when they drew it up. It's going to die up there. There are so many things wrong with this thing that it's hard. Let me just give you a few of the ideas of what's wrong with this thing. First of all the Town Board is going to be allowed to have the power to borrow money and issue bonds to effectuate the purpose enumerated in Paragraph A, and that is to buy land or take property off the tax rolls, etc. The thing I don't like about it, we had a referendum which everybody had to pass on for the Farmland Preservation, upon which to authorize' the sum of money to buy land. Now this bill~will be subject to a referendum as a whole, if it ever comes back. Assuming that the referendum is passed, thereafter the people of the Town will no longer have a say, as I view this bill, as to how muq~, money will be spent for the purpose of the TOwn .acquiring land, nor how much lanc~i will be acquired by the Town. It would appear that the Town Board now has the ..... power or will have the power under this-bill to go right out and do it itself. Also this Town supposedly has a policy with regards to housing. We are supposedly going to have people come in who would be interested in developing housing and I question what bill like this for two percent sales tax or a two percent tax over and above the $100,000 is going to do to that type of individual who may be interested in putting housing into this Town. The other part is on page 3, which is Paragraph D that says the moneys, credited to this fund that's going to be set up may be utilized to pay the cost of the acquisition of real property. I say if you're going to do this then you change may be. to shall be and you don't have any options. Anytime you see a maybe in there that leads me to believe that you have the funds sitting in there and perhaps you've got to make a bill and you've got to pay your debt that has nothing else to do with the ,acqusiti0n of real property and you can take that money out of this fund and apply it to other uses. I don't know why they put in maybe. Also my problem with this is that the people in the Town are going to believe that the transfer tax is 'going to be paid by the buyer and is the person coming in from out of town. However, it's not what it says, it says that if the buyer, which is the grantee, fails' to pay the tax then the seller is going to have to pay the tax. The local people in the Town will think that the fellow from the big city is going to pay the tax may be in for a surprise if he doesn't do it,~ or if that person is exempt under the exemptions in this-bill, from paying this tax. Also, the $100,'000 is supposedly a cut-off, that is if you're selling real property or your home for under $100,'00'0 you no longer apply, over $100,000 does apply. I would venture to say that most homes in the township now are going to apply to this law and where you're going to find that many homes around here under So it S going to apply to them. Also this thing is ~filled with constant mentions of bonds and other obligations. The Town Attorney has brought out the limited Section 13 which is 'the limitation on taxing authority. If value imposed to tax provided for in Section 6 of this 'Act shall terminate if on December 31st, :1:994 there shall be no bonds or other obligations of the Town issued for purposes authorizeid in this Act. What bonds? Are we back to giving out bonds again~ Did the people approve the bonds? It seems to me that this :Act, the money you got in was the money you were going to use to purchase the real property. So why is there mention in here about the ability of the Town to float and have more bonds? I frankly feel that this needs more work. We should sit down with it and it's not something we should simply ship off Albany and hope that it may or may not be enacted and then if it is enacted it comes back to us and then we worry about what we did back in February. It might be a good idea. It may work, but I think there are too many holes in this right now. Maybe we could use the two percent to purchase our housing, to purchase land to have housing on it~' Do we want to go that route? That's public housing. Is that somethinq the Town's interested in? Do we want to do that? Maybe yes, -maybe no. Why doesn't the Housing Committee know about it? What's their position on this type of bill? Are they interested in doing that? Are we going to use the money to buy more open space and more farmland? Who knows. And here we are all voting on this. Thank you. COUNCILMAN STOUTENBURGH: This is the result of what, two towns? East Hampton and Southampton? ~ SUPERVISOR MURPHY: Yes, Paul. Any other comments on it?' I would like to ma~i.~'* a comment. This is just the enabling legislation and I agree, Jay, there are some things wrong with it. The reason it was going up the same as East Hampton and Southampton,. from what I gathered, was that, it stands a better chance of being passed that way and that it's up to the Town to correct and to change any of the loop holes once this enabling legislation is passed by the State and then we could put whatever controls we want. The points you made are excellent and ones that should be considerec -Talking about the exemption, it's the first $100,000 of the sale that was. But this is all on a local level. This is not any part of this legislation and of the enabling. This is just to set up the law for the proposed two percent tax. COUNCILMAN SCHONDEBARE: What l'm saying is, it may be good, it may not. But at this point w_e don't have enough knowledge so I will abstain on voting. I'm not voting no. It might be good, but we don't know. SUPERVISOR MURPHY: Any other questions? (No response.) FEBRUARY 26, 1985 14.-Vote of the Town Board: Ayes: Co~h~iim~'n:Stoutenburgh, Supervisor Murphy. Abstain: Councilwoman Cochran, Councilman Schondebare, Justice Edwards. This resolution was declared LOST. SUPERVISOR MURPHY: Number 15 is a tr?ailer permit renewal. COUNCILMAN STOUTENBURGH: Could we inject something here? it upon yourself to correct this:then, Jay? COUNCILMAN SCHONDEBARE: Thanks. Would you take COUNCILMAN STOUTENBURGH: I mean, you're a lawyer, I'm not and you can find the loop holes. I didn't see that many and therefore [ bend to your knowledge and I expect you to come up with something for us. All right? COUNCILMAN SCHONDEBARE: You got it.' SUPERVISOR MURPHY: And we did discuss this. COUNCILMAN SCHONDEBARE: That's why I had Fred Thiel over and I raised the same questions to him and nothing happened. SUPERVISOR MURPHY: ~lext is the trailer permit renewal. 15. Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was RESOLVED that the application of Walter Sawicki and Frank Sawicki for renewal of their single family house trailer permit, for trailer located at the north side of Old North Road, Southold, New York, which permit expires on March 23, 1985, be and hereby is 9ranted for a six '(6) month period. 15.- Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburqh, Justice Edwards, Supervisor Murphy. This resolution was de[zlared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is looking for allocation for the lower part of New York State for some of the cheap hydroelectric power. 16. Moved by Supervisor Murphy, seconded by Councilman Schondebare, WHEREAS, the Power Authority Act of 11931 provides that New York State's hydro- power resources should be used primarily for the benefit 'of the people of the State as a whole, and particularly the domestic and rural consumers, and WHEREAS, the Niagara Redevelopment Act enacted by Congress in :1957 provides that at least 50% of power from the Niagara Hydropower Project be made available for sale and distribution primarily for the benefit ~of the people of the State as consumers, and WHEREAS, the Niagara Redevelopment Act further provides that the~New York Power Authority shall dispose of the Niagara Project power in such a manner as to encourage the widest possible use and shall give preference and priority to public 'bodies and non-profit. 'cooperatives within economic transmission distance, and WHEREAS, the Power Authority, currently sells and distributes power within' New York State to forty-seven (47) Municipal. Electric Utilities,. four (4) Electric Cooper- atives and to the residents of Vermont, Ohio and Pennsylvania; and proposes to sell Iow cost power to the residents of New Jersey, Connecticut, Massachusetts and Rhode Island, and WHEREAS, long term contracts for the sale and distribution of a.disproportionate share of the Power Authority's power to these Munici'p~l Electric:Utilities and Cooper- atives will expire on June 30,' .1985:, and WHEREAS, the County of Suffolk and 48 Other municipalities and/or politi~zal sub- divisions of the state have recently formed Municipal Distribution Agencies for the purposes of acquiring a fair share of the Power Authority's power for the benefit - of their residents as consumers, and WHEREAS, the Chairman of the Power Authority has recently proposed a plan that would exclude all of the newly formed Municipal Distribution Agencies in the down- state regiQn from acquiring their "fair share of Niagara and St. Lawrence power for their residents as consumers, but would sell and disl~ribute 134,000 KW of power to the newly formed Municipal Distribotion Agencies in the upstate region, and WHEREAS, the residents of the Town of Southold and the County of Suffolk are currently paying one ~f the highest electric rates in the country and woutd save at least $2.50 per month per family if they received their fair share of the Power Authority's power as recommended by Chairman Dyson's proposal to the New York State Legislature in 1981 for a Residential' and Rural Energy Authority~ now, therefore be it RESOLVED ~hat the Southold Town Board, based upon the intent of legislation that created both the New York Power Authority and the redevelopment of the Niagara Hydropower Project, hereby strongly urges Governor Cuomo to reject any Power Authority Plan and disapprove any new Power Authority contracts which would continue to favor Municipal Electric Utilitii~S and Electric Cooperatives whose contracts expire in June, 1985 and the newly formed Municipal Distribution Agencies in the upstate region at the expense of New York residents in the downstate region from 1 62 FEBRUARY 26, 1985 .... receiv!ng their fair share of the Power Authority power as consumers, and BE IT FURTHER RESOLVED tha~-tl~'-SSi~th61~lTown Board calls upon Governor Cuomo and the New York State Legislature to immediat:ely enact a statewide allocation system that will distribute the State's Iow power resources to aH of New York's Municipal Electric Utilities, Cooperatives and Distribution Agencies so that all of New York's residents can share the benefits of the State's power on an equal basis. SUPERVISOR MURPHY: Any questions? (No response.) 16.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to rescind a previous resolution. 17. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 21, adopted on February 5, ,1985', which reads as follows: "RESOLVED that the Town Board of the Town of Southold hereby authorize~ and directs the Town Clerk to advertise for the services of a consultant to apply to the New York State Department of Trans- portation, Federal Aviation Administration, to apply, on behalf of the Town of Southold, for a grant to slurry seal and repaint the runways at Elizabeth Airport, Fishers Island, New York." SUPERVISOR MURPHY: Any questions on it? This came about, we're rescinding it because the next resolution you'll notice is Suffolk County Department of Public Works is 'going to do the engineering service for the Town at a fee and we will not have to hire a consultant for the work at Fishers Island Airport on the grant that the Town received. 17.-Vote of the Town Board:- Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to authorize' the Suffolk County Department of Public Works. 18.: Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Suffolk County Department of Public 'Works to prepare and submit the Preapplication for Federal Assistance, Airport Improvement Program, to-the New York State Depart- ment of Transportation, Federal Aviation Administration, on behalf of the Town, for a grant to slurry seal and repaint the runways at Elizabeth Airport, Fishers Island, New York. 18.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenbur§h, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is transfer in'Whole Town in the 1984' Budget. :19. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorize's the following transfer within the General Fund Whole Town 1984 Budget: From: A9950.4 - Transfer to Capital Account $27,217.95 Into: A9730.4 - Bond Anticipation Note, Principal $27,217.95 SUPERVISOR MURPHY: Any questions? (No response.) 19. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to increase the 1984 Southold Town Wastewat~ District Budget. 20. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following increase for the Wastewater District 1984' Budget: Estimated Revenues SWS10 SE2401 - Interest on Earnings $2,500.00 Appropriations SW960 SW8999M - Home and Community Services (Contract, Village of Greenport) $2,500.00 20.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. T~his resolution was declared duly ADOPTED. FEBRUARY 26, 1985 163 S_UPERVISOR MURPHY: Number 2~ ~i.s-toadju, st the Whole Town 1985' Budget for Youth Programs to reflect the grant that we're receiving. It's money in and expenses going out, it's just add to the 1985 Budget. 21. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ the following increase in the General Fund Whole Town 1985 Budget: Estimated Revenues A510 A3820 - Youth Programs $10,000.00 Appropriai~ions A960 A7310.4 - Youth Programs $10,000.00 21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 we are holding (A Local Law in relation to Accessory Apa.rt. ments in:exsiting dwellings.") We discussed this at great length this morning and we're moving along, I think, very fast, after it took three years to get to this speed and I'm very happy. We are going to have more additions and deletions to it before it will be sent to the Planning Board. Hopefully fairly soon. Number 23 then is to authorize to go to bid:for a Highway Department truck. 23. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, 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 one (1) Diesel Dump Truck for. ,the Highway Department. COUNCILMAN SCHONDEBARE: Our Superintendent of Highways has advised us that this is in his budget, for which we are most grateful. 23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Co.uncilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to for another bid. 24. Moved by Supervisor Murphy, seconded by Councilman Sch'ondebare, it was RESOLVED that the Town Boasrd of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of one (1) Cherry- Picker Utility Truck for the Department of Public 'Works, with the trade-in of one SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Yes, well--- SUPERVISOR MURPHY: The money again; Jay, is in the budget. COUNCILMAN SCHONDEBARE: Our Commissioner of the Department of Public Works has also advised us that's in the budget. 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is a grant proposal. 25. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ and directs Supervisor Francis J. Murphy to submit an application and proposal to the New York State Council on the Arts for a Hisl~oric Structures grant, to be utilize~ by the Southold Town Landmark Preservation Commission. SUPERVISOR MURPHY: Any questions? (No response.) 25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to advertise for resumes. 26. Moved by Supervisor Murphy, seconded by Councilman Stoutenburqh, it was RESOLVED that the Town Board of the Town of Southold hereby a~thorize~ the and directs the Town Clerk to advertise for resumes for two (2) members of the Landmark Preservation Commissioner. (Appointments of John Dorman, Chairman and Louis J. Black expire on April 5, 1985'.) COUNCILMAN SCHONDEBARE: I'm glad we had our discussion today, however, and (1') :1976 Ford Cherry-Picker Utility Truck. '26.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to also advertise for resumes. 27. 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 resumes for member of the Board of Appeals. (Appointment of Joseph H. Sawicki expires on April 19, 1985.) 27.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is to again advertise for resumes. 28.' Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ and directs the Town Clerk to advertise for resumes for member of the Planning Board. (Appointment of William F. Mullen, Jr. expires on April 30,~ 1985:.) 28.:Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number '29 is to set a public hearing. 29. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, March I2, 1985', Southold Town Hall, Main Road, Southold, New York as time and place for a public hearing on a proposed Local Law entitled, "A Local Law to amend the Zoning Code in relation to dwelling unit 'density." Said ~ proposed Local 'Law reads as follows, to wit: BE IT ENACTED by the Town Board of the Town of Southold as follows: (additiOns indicated by underline; deletions by [brackets]). I. Section 100:116 of the Zoning Code of the Town of Southold is 'hereby amended to read as follows: Section 100:116. Dwelling unit :density. Notwithstanding any other provision of this chapter, each dwelling unit 'in a multiple dwelling shall have [nine] twenty thousand [9,000] 20,000 square feet of land for each dwelling unit in the building where public water and public sewer are not providedf and shall have [six] ten thousand [five hundred (6,500)] (10,000) square feet of land for each dwelling unit in the building where public water and public sewer are provided. 11. This Local Law shall take effect upon its filing with the Secretary of State. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Tills is just a change from 9,000 to 20,000 and 6,500 to 10,000. 29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN SCHONDEBARE: Just let me say we got a recommendation by our Southold Town Planning Board to make these changes. SUPERVISOR MURPHY: Number 30 is to authorize' the payment of taxes For property the Town recently acquired, from the County. 30. Moved by Supervisor Mu~:phy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ payment! , to the Southold Town Receiver of Taxes, the real estate taxes for the two parcels of land recently deeded to the Town by the County of Suffolk: Parcel #1 - 1'ax Map No. 1000-027-05-007.002 - $24.80 plus 2% penalty. Parcel #2 - Tax Map No. 1000-027-05-005.002 - $24.80 plus 2% penalty. SUPERVISOR MURPHY: We actually are paying ourselves, and rather than pay us too much more interest we better pay it right now. COUNCILMAN SCHONDEBARE: Is this a one-shot deal and we're paying this now and--- SUPERVISOR MURPHY: This was on the tax warrant that was set up as of June 1st. 30.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 31. SUPERVISOR MURPHY: Number 31 .5 'tb'advertlse for bids for a street sweeper. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizers and directs the Town Clerk to'advertise for bids for the purchase of one (1) Street Sweeper, with trade-in of one (1) used 1974 Street Sweeper, for the Southold Town Highway Department, provided a Bond Resolution for funding to purchase said Street Sweeper is duly approved. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: A lot. However, based on Superintendent of Highways' statement to us that it's necessary--- COUNCILMAN STOUTENBURGH: Statement to me. COUNCILMAN SCHONDEBARE: Statement to you, Councilman Stoutenbuurgh~ this is necessary, otherwise we'll have sand all over the highways and laW suits and things of that nature. JUSTICE EDWARDS: And lots of phone calls. COUNCIl-MAN SCHONDEBARE: And lots of phone calls, which he will direct to our homes. COUNCILMAN STOUTENBURGH: Rather than him. COUNCILMAN SCHONDEBARE: ---we go for another bond to the tune of $80',000. SUPERINTENDENT OF HIGHWAYS DEAN: Mr. Stoutenburgh--- COUNCILMAN SCHONDEBARE: He's over there. SUPERINTENDENT OF HIGHWAYS DEAN: I'll take Mr. Schondebare first. You're being very nice here, speaking with nice flowers. Would you look at my bond issues. I have over $1,600,000.00 budget. I, myself, have a $30,000.00 bond, combined. Now, if you think that excessive and you sat here and you're trying to be funny, which I don't think you are. COUNCILMAN SCHONDEBARE: All right, Superintendent, would you agree with me that this Town Board has to pay all the bonds that are incurred, not just you bond ? SUPERINTENDENT OF HIGHWAYS DEAN: You don't have to, but I think you should realize--- COUNCILMAN SCHONDEBARE: Pm referring to every bond and not your particular bond. We have to pay everybody. You could have one bond, so what? We have to pay the rest of them. SUPERINTENDENT OF HIGHWAYS DEAN: That's all right. I'll tell you something--- COUNCILMAN SCHONDEBARE: I said we'd go along with it 'based on your --- SUPERINTENDENT OF HIGHWAYS DEAN: These are paid out of the Highway Budget, not out of the General Town Budget. SUPERVISOR MURPHY: Okay,. gentlemen. COUNCILMAN SCHONDEBARE: It's still got to be paid; no matter where the money is coming from, they're paying it. SUPERVISOR MURPHY: -Gentlemen, any other questions? (No response.) 31.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh' Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32 is a resolution opposed to considering a constitutional amendment. 32. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record in opposition to Suffolk County Executive Cohalan's proposed Constitutional Amend- ment entitled, "Housing Powers for Counties," which would allow those counties which pass specific enabling legislation to participate in both owner occuped and rental housing programs for low income, moderate income and elderly persons, whereas the needs are being handled adequately under the Section 8 rental housing assistance program, and be it further 166 FEBRUARY 26, 1985 RESOLVED that a copy of this resolution be transmitted to Suffolk County Executive Cohalan and the Suffolk County Legisl'ature. 32.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh~ Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33 is a transfer of funds. 33. Moved by CouncilWoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorize~ the following transfer within the General Fund Whole Town 1985 Budget: From: A1990.4- Contingent $15,000.00 Into: A1440.4- Engineer $15,000.00 to provide the necessary moneys needed to hire an engineering firm to conduct an Engineering Overview Study Establishing a Municipal Electric Utility in the Town of Southold. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Yes, does this wipe out the Contingency Fund? SUPERVISOR MURPHY: Yes. COUNCILMAN SCHONDEBARE: It's only February. So the rest of the year we have nothing in the Contingency Fund. SUPERVISOR MURPHY: We'll be in'surplus soon. Any other questions? (No response.) 33.-Vote of the Town Board: Ayes: CouncilWoman Cochran Councilman Stoutenburgh, Supervisor Murphy. No: Councilman Schondebare, Justice Edwards. This resolution was declared LOST. SUPERVISOR MURPHY: And so we cannot vote on 34 or 35, Bob, right? TOWN ATTORNEY TASKER: Right. SUPERVISOR MURPHY: That was an intelligent decision. COUNCILMAN SCHONDEBARE: I will state this to you, as I said during the a-ft~ern(i session. It's very popular' and a good idea, I think, to look for alternate means electricity, and it's very popular to beat LILCO. Hasn't been anyone yet who really likes LILCO. However, we have received proposals from two people, Beck, the planning consultant, and Duncan, the attorneys. Both of them have a vested interest in the outcome of any proceedings pertaining to LILCO. Beck wants $15,000.00 to start up. That is 'only the preliminary phase. If their study, as I understand it, comes out that a favorable--or should come out to be favorable for a take-over~ then they would do the second study. My question is: what's the incentive for Beck to do a study which is Objective when if they. come out and say no as to a take-over they then do not have the second option and the second income, and the same thing with Duncan. We went to the Association 'of Towns. We had a special meeting. We met with the Supervisor from the Town of Massena who has taken over their power authority. Likewise we met with someone from the Power Authority and we discussed these issues. I think we all agree we are not the Town of Massena. I, for one, have never made up a decision without listening to the pro and cons, that is both sides of a story. All I've been sold so far is all pro and I thought when we came back from the Association of Towns that we were going to discuss this issue and I was surprised to find out that we're all sitting here saying, let's go ahead with the study. I, for one, would like to find somebody who's objective, who doesn't have a vested interest, and is not going to make money on this deal. Beck's going to make money. Duncan's going to make money, and I wish somebody who is not going to make money would come in here and talk to us about it, or who's even con would talk to us about it. I have no closed mind as to a take-over, but at this point I would like to hear more information and not somebody who has a financial stake in the outcome. You're talking, with the Town of Massena, you're talking seven and a half years, if not nine years of litigation and ten million dollars. To get started on this I'd like to know where I'm headed and have a good foundation. I'd be glad to entertain the same motion at a later date. SUPERVISOR MURPHY: Would you suggest who? What firm? COUNCIL~VIAN SCHONDEBARE: Let's talk about it. We didn't even discuss it this afternoon. Everyone's sitting there nodding their head okay let's do it. SUPERVISOR MURPHY: We had a discussion for about an hour and a half this morning on it. COUNCILMAN SCHONDEBARE: Right. And this is how I felt this morning. You knew about it and no one said, well, let's find who we can get. FEBRUARY 26,, 1985 SUPERVISOR MURPHY: Do you have any suggestions for these firms? want to get Planning Associates? COUNCILMAN SCHONDEBARE: Do you want to sit down and find out? SUPERVISOR MURPHY: Should we ask Dick Ward's outfit? Do you COUNCILMAN SCHONDEBARE: Let's ask anybody. What would Ward know about taking over-- SUPERVISOR MURPHY: I don't know. That's why I would think this firm--- COUNCILMAN SCHONDEBARE: That's about as much as Dave Emilita know anything about it.' SUPERVISOR MURPHY: That's why 1 assume this firm knows a little bit more. COUNCILMAN SCHONDEBARE: Is it the only firm in America? Beck Associates is out of Massachusetts. You mean to tell me that from California to Maine to Florida to North Dakota there's nobody else. SUPERVISOR MURPHY: And I'm sure this is not thei. r only job. COUNCILMAN SCHONDEBARE: Fine. Maybe we can find somebody else who's not going to make money out of the deal. COUNCILMAN STOUTENBURGH: But, Jay, don't you think that anyone you hire--- SUPERVISOR MURPHY: How the hell are they going to make---who's going to do the study if 'they're not going to make money on the deal? COUNCILMAN SCHONDEBARE: I'd like to have someone come in with the same type of information and tell us. COUNCILWOMAN COCHRAN: Isn't this~the fir§t time in twenty years with the case of Massena, so you're not going to find that many firms around that have the expertise in' this 'area, Jay. COUNCILMAN SCHONDEBARE: In the State of New York. COUNCILMAN STOUTENBURGH: Here's a proven person, a proven outfit that's worked in this and they've done the work. COUNCILMAN SCHONDEBARE: And you know as well as I do that the Condemnation Law was changed since Massena. SUPERVISOR MURPHY: That's why we want to get an intelligent study done so that we can make an intelligent decision. COUNCILMAN SCHONDEBARE: And maybe we can have somebody come in and talk to us about it. SUPERVISOR MURPHY: And you can't do it for nothing. COUNCILMAN SCHONDEBARE: I agree with you. I said I'm in favor of this proposal and I told you--- SUPERVISOR MURPHY: Well how the hell do you propose to hire a guy? COUNCILMAN SCHONDEBARE: But I don't want to be hearing from two people who are going to make money out of the deal. SUPERVISOR MURPHY: Any firm, Jay,-- COUNCILMAN SCHONDEBARE: If you go out on your own---you deal in your own personal affairs every day of your life and when you're talking to somebody and he's selling you a bill of goods, and he's going to make money out of the deal, you think twice about, but when we get on this Town Board somehow we don't think that way. " SUPERVISOR MURPHY: Okay, Number 34 (agreement with R. W. Beck and Associates for an Engineering Overview Study Establishing a Municipal Electric Utility) we're 9~ing to hold, Number 35 (apply to PASNY for approximately ten megawatts of electric power and energy) we're'going to hold. Number 36 is to set a public hearing. 36. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M., Tuesday, t~larkh '12',- 1985, South01d Town Hall, Main Road, Southold, New York as ~ 68 FEBRUARY 26, ~985 time and place for a public hearing] on proposed Local Law entitled, "A Local Law in relation to a partial real property tax exemption for Senior Citizens," which reads as follows, to wit: BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets]) Article I of chapter 85 (Senior citizen Exemptions) of the Southold Town Code is amended as follows: I. Section 85-1 thereof is amended to read as follows: Section 85-1. Partial exemption.for senior citizens. (a) Real property owned by one (,1) or more persons, each of whom is sixty- five (65) years of age or over, or real property owned by husband and wife, one (1) of whom is sixty-five (65) years of age or over, shall be exempt from town taxes to the extent of fifty percent (50%) of the assessed valuation thereof. Such exemption shall be computed after all other partial exemptions aliowed by law have been subtracted from the total amount assessed. (b) The real property tax exemption on real property owned by husband and wife, on~ of whom is sixty-five (65) years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at II. least sixty-two (62) years of age. Subdivisions A. and B. of Section 85-2 thereof are amended to read as follows: Section 85-2. Conditions. No exemption shall be granted: If the income of the owner or the combined income of the owners of the property for the income tax y'ear immediately preceding the date of making application for exemption exceeds the sum of [five] nine thousand dollars [($5,000.)] ($9,000.). "Income tax year" shall mean the twelve month period for which the owner or owners filed a federal personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchanc~e of a capital asset in the same income tax year; net rental income, salary or earnings;, the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least [sixty (60)] twenty-four (24) consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife in whose name title of, the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of [sixty (60)] twenty-four (24) consecutive months, and provided further that, in the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purposes of computing such period of twenty-four (24) consecutive months, and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceedings, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purposes of this chapter. Where a residence is sold and replaced FEBRUARY 26, 1985 with another within the stat~, the per Qcl Ot ownershio of both propert es sha be d6emdd'~'cOn~cutlve for the purposes of this chapter. II1. Section 85-4 thereof is amended as follows: Section 85-4. Reapplications. (a) At least sixty (60) days prior to the appropriate taxable status date, the assessing authority shall mail to each person who was granted exemption pursuant to this chapter on the latest completed assessment roll an application form -and a notice that such application must be filed on or before taxable status date and be approved in order for the. exemption to be granted. The assessing authority shall, within three days of the completion and filinq of the tentative assessment roll, notify by mail any applicant who has included with his application at least one self-addressed, pre-paid envelope, of the approval or denial of the application; provided, however, that the assessing authority shall, upon the receipt and filing of the application, send by mail notification of receipt to any applicant who has included two of such envelopes with the application.-Where an applicant is entitled to a notice of denial pursuant to this subdivision, such notice shall be on a form .p. rescribed by the state board and shall state the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail such application form and notice or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. (b) Notwithstanding any other provisions of this chapter, in the event that the owner, or all of the owners, of property which has received an exemption pursuant to this chapter on the preceding assessment roll, shall fail to file an application for such exemption on or before the taxable status date, such owner or owners may file, and the assessing authority shall accept the application, executed as if such application has been filed on or before the taxable status date, if such application is filed with the assessing authority on or before the date for the hearing of complaints. IV. Article I of chapter 85 is amended by adding a new Section thereto, to be Section 85-5A, to read as follows: Section 85-5A. Notice The assessing authority shall notify, or cause to be notified, each person owning residential real property ill the Town of the provisions of this chapter, such notice to be sent with each tax bill to such persons, and shall be in such form and content as shall comply with the provisions of subdivision four of Section 467 of the Real Property Law. V. This Local Law shall take effect upon its filing with the Secretary of St_ate. SUPERVISOR MURPHY: Any questions on it?. This'is raisi'ng the exemption from $5,000 to $9,000. 36.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Local Law. Number 37 is to set another public hearing on a proposed 37. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:10 P.M., Tuesday., March 12, 1985, Southold Town Hall, Main Road, Southold, New York as time and place for a public hearing on proposed Local Law entitled, "A Local Law in relation to building set-back requirements on lots adjacent to Water Bodies & Wetlands," which reads as follows, to wit: 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 Southold.is hereby . amended as follows:- 169 Article Xl thereof (General Requirements) is amended by adding a new section thereto, to be section. 100-119.2, to read as follows: Section 100-119.2 - Buildinc~ set-back from water bodies and wetIands Notwithstandinc~ any other provisions of this chapter, the followinc) set-back requirements shail apply to all buildings located on lots adiacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound. (1) All buildings located on lots adiacent to Long Island Sound, and uoon which there exists a bluff or bank landward of the shore or beach, shall be set-back not less than 100 feet from the top of such bluff or bank. (2) Except as otheYwise provided in subdivision A(1) hereof, all buildings located on lots adjacent to Long Island Sound shall be set-back not less than 100 feet from the mean high water mark of Lonc~ Island Sound. Ail buildings located on lots adjacent to tidal water bodies other than Long Island Sound, shall be set-back not less than 75 feet from the mean high water mark of such tidal water body, or not less than 75 ·feet from the landward edge of the tidal wetland, whichever is c~reater. Ail buildincjs located on lots adjacent to any freshwater body shall be set-back not less than 75 feet from the edge of such water body, or not less than 75 feet from the landward edge of the freshwater II. wetland, whichever is greater. This Local Law shall take effect upon its filing with the Secretary of State. 37.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. ~ This resolution was declared duly ADOPTED. ~ SUPERVISOR MURPHY: Number 38 is to ask for a Civil Service List. 38. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizeg and directs Supervisor Francis J. Murphy to request the Suffolk County Department of Civil Service to submit a current Town List of Eligibles for the position of Bay Constable, at a salary of $14,000.00 per annum. 38.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared du]~/ ADOPTED. SUPERVISOR MURPHY: Number '39 is:to advertise for resumes for Bay Constable. :39. Moved By Supervisor Murphy, seconded by 'Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorize's and directs the Town Clerk to advertise for resumes for the provisional position of Bay Constable forthe Town of Southold at a salary of $8.00 per hour. COUNCILMAN SCHONDEBARE: Did we say provision part-time person? Wasn't that supposed to be amended, this resolution? SUPERVISOR MURPHY: I don't think a provision part-time, no. I think it's up I ~! to the Bay Constable if he wants to use him full-time or part-time on when he is- . hired. He could do it either way. If he gets two or three of them he could use ~ ~.~£~ three part-time, as long as he stays in the budget. COUNCILMAN SCHONDEBARE: Judy has the same thing I have. TOWN CLERK TERRY: That was my understanding from this morning. :39.-Vote of the Town Boar:d: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was_declared duly ADOPTED. SUPERVISOR MURPHY: The last one on the add-ons is to adopt the amended Federal Revenue Sharing Budget of $10,813.50 from the public hearing that we had today. Any problems with that? (No problem. There were no comments at the public hearing.) 40. Moved by Supervisor Murphy, seconded, bY (~ouncilman Schondebare, WHEREAS, the Town Board of the To~n"6f Southold held a public'hearing at 3:35 P.M., Tuesday, February 26, :1985 in the matter of the proposed amendments of the current Town Budget relative to the use of Federal Revenue Sharing Funds, at which hearing all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board does hereby authorize' the following amendments to the current (1985) Town Budget relative to the use of Federal Revenue Sharing Funds as follows, to wit: By transferring and/or reassigning the sum of $10,813.50 from the following accounts. Unappropriated Funds on Hand Anticipated Estimated Interest Revenue in 1985 Total to the following accounts: Master Plan: Phase II Master Plan: Phase III Total $10,238.98 $ 574.52 $10,813.50 $ 1,057.50 $' 9,756.00 $10,813.50 40.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end bf our prepared and added-on agenda of resolutions. At this time I would like any member of the Town Board for any comments, starting on my left with Judge Edwards? (No comments, Frank, thank you.) Jean? _(Nothing, thank you.) Paul? (Nothing.) Jay? (Nothing.) I have nothing. Is there anyone in the audience would like to make any comment to the Town Board? Yes, Miss Hussey. MRS. ALICE HUSSEY; Southold: I guess I'm really addressing my remarks to Mr. Schondebare. There were a few things which I found not quite--or perhaps you were beir. g precipitous in your decision. Beck Associates was one of the firms that was suggested. There were, if you recall the or~iginal proposal for this, or the original time that the Board was presented with this information, there were about five of them listed in the back so that we're not pushing Beck Associates, but they have had a great deal of New York State essential experience in these feasibility studies and true Beck will make money, but so would any other engineering firm. I don't think there's anybody here in this Town who is really capable of making a study that will be worthy of our consideration. We've gone just so far. The Board has gone so far. You have looked into it. We have looked into it 'and we've reached the end of our amateur rope. We need somebody professional now to do this, and the other thing is the prefeasibility study is a study only. It's going to present facts and figures. It's not going to recommend or do anything else. We have to make that decision. COUNCILMAN SCHONDEBARE: How much would the second study cost us? Do you know? Any ~dea? MRS. HUSSEY: Well, that's an interesting thing. The whole thing is guaranteed not to cost more than $15,000 and payment, if you read the proposal, payment is monthly on the work that has been done just so far and can be stopped. COUNCILMAN SCHONDEBARE: When I Said the whole thing I'm talking about--the first one is going to be a determination for $15,000 as to whether or not it's feasible to go ahead and do it, right? MRS. HUSSEY: Right~ COUNCILMAN SCHONDEBARE: The second study that has to be done is 'going to go out and then list all of LILCO's properties, all its assets, everything else. MRS. HUSSEY: I have no idea how much the second one is going to cost because it would be predicated on what they find out in the first one. COUNCILMAN SCHONDEBARE: Well, let's assume we decide to go forward--- SUPERViSOR MURPHY: Jay, I think you're wrong. I think the assets are included in the first proposal. COUNCILMAN SCHONDEBARE: There's only one study? SUPERVISOR MURPHY: Yes. MRS. HUSSEY: Yes, there's just one study. SUPERVISOR MURPHY: And then at that time then there's quite a bit more additional engineering that has to be done. 172 FSBRUARY SS, 98S COUNCILMAN SCHONDEBARE: Okay, it's the additional engineering. SUPERVISOR MURPHY: This 'is to determine the feasibility, if it's worthwhile, if the power is there for us to go and approximately what the power needs are of the Town and what the assets of the utility are. COUNCILMAN SCHONDEBARE: Okay. And then the second engineering. What's the second engineering part going to cost? MRS. HUSSEY: Now, the second engineering part, that is 'actually the doing of the whole situation and that does not necessarily go to Beck or any other one that does the prefeasibility study. It could be some other engineering firm. COUNCILMAN SCHONDEBARE: How much is that going to cost? MRS. HUSSEY: I have no idea how much that would cost. SUPERVISOR MURPHY: Jay, it :could go into the hundreds of thousands of dollars I imagine. COUNCILMAN SCHONDEBARE: Oh, okay. Does it make sense not to do Beck for the second time? Does it make sense to have Beck Associates, or any other associates to the first part and not have them follow up doing the second engineering pa rt ? MRS. HUSSEY: I don't see why not. I don't see why you couldn't do that. COUNCILMAN SCHONDEBARE: You could split 'it? MRS. HUSSEY: Of course. This is 'just that much, just .$15,000 worth, and again I say it 'doesn't mean that they are going to do the job. Naturally they'll hope to. But that, again, will be another step which will have to be decided by you or us. About fifteen--I don't have my figures with me here, but about fifteen different municipalities in New York State that Beck had done prefeasibility Studies for. Now, not all of them went on after the prefeasibility study, or if they did they were not listed under R. W. Beck Associates credit~, so I presume that either Beck found that it was not feasible to go on to the next phase or that Beck did not get the job. Payment is'monthly. COUNCILMAN SCHONDEBARE: Of those I5 how many did Beck recommend to continue to go forward? MRS. HUSSEY: Well, all'they did was give the list, I don't know. That information is in your proposal. Thank you. SUPERVISOR MURPHY: Is there anyone else here woUld like to make a comment to the Town Board? MRS. DIANE BERGMANN: I'd just like to ask a question. I picked up the Whale and I noticed you, Mr. Murphy, had said you're not opposed to finishing th~ --' Airport Study. Does that mean in its entirety? SUPERVISOR MURPHY: No, I believe it's something I did not say. We're talking about the first two phases. MRS. BERGMANN: All right, you want the first two phases done and then a decision would be made? SUPERVISOR MURPHY: Certainly. I've said this 'for a hundred times I believe. MRS. BERGMANN: Well, when I picked up the Whale I see they're not opposed to finishing the study~-- SUPERVISOR MURPHY: And I don't know how many times I have to tell you. MRS. BERGMANN: Okay. Well--when it'S your home you want to hear it :and make sure you hear it right and I got confused when I read something else. SUPERVISOR MURPHY: Well, I think you might believe or listen to.what ] told you. What I told you many a times and I'm telling you right again now. MRS. BERGMANN: Well, you were telling me I was going to have an answer within a week on January 30th and I heard nothing, so since I heard nothing and I do read the paper I wanted to know what my answer was. January 30th you told me that I'd have an answer within a week. I had nothing. That's why I had to ask now. I read the paper and I want to know the answer. SUPERVISOR MURPHY: Fine, thank you. MRS. BERGMANN: So my answer is when is the feasibility study going to be completed? The two phases? SUPERVISOR MURPHY: I have no idea. When the State. Department of Transportation approves the study that is presented to them to be presented to Southold Town. When the State Department of Transportation is satisfied that Phase I and II is complete, that's when we will get it.' MRS. BERGMANN: Okay. And you have no idea. You haven't asked when that will be or anything? SUPERVISOR MURPHY: There's still letters going back and forth. I imagine it will be some time. MRS. BERGMANN: You've written and asked them when it will be done? SUPERVISOR MURPHY: Sure. I think if you read some of the correspondence sent you you'd find that out too. MRS. BERGMANN: Well, my last letter was January 30th. three weeks ago. And you to!d me a week SUPERVISOR MURPHY: Is there anyone else would like to comment to the Town Board at all? If not I would like to thank everybody for coming and I'd like to entertain a motion to adjourn. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 4:30 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Judith T. Terry ~ Southold Town Clerk