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HomeMy WebLinkAboutTB-07/02/1985362 SOUTHOLD TOWN BOARD JULY 2, 1985 WORK- SESSION Present: ;Supervisor Francis-J. Murphy,. Councilman Joseph L. Townsend, Jr., Justice Raymond W. Edwards,. Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W.. Cochran, Town Clerk Judith T. Terry, Town Attorney Robert W..Tasker, .Superintendent of Highways Raymond C. Dean. 9:00 A.M. - The Board began auditing outstanding. Vouchers. 9:'20 A.M. - A hearing was held on the Freedom of Information Appeal of Jody Adams. 9:30 A.M. - A hearing was held on the Unsafe Building and Collapsed Structure Violation of Joseph DeChiara. 10:25 A.M. - Planning Board members WilliaTM Mullen and Richard Ward met with the Board to urge~ the hiring of a part-time seasonal Clerk for the Planning Board office (see Resolution No. 27}. .The Planning Board office had contacted several individuals who presently have' resumes on file with the Town, but was unsuccessful in finding an individual for this position, They then learned of the availability of Mrs. Georgia Rudder, a former part-time employee in the office of the Receiver of Taxes and requested her appointment.--Mr. Mullen reported he would be Submitting a complete overview of the housing situation within a few days ~vhich would contain information relative to bringing in a house at .$$0,:000.. 12:40 P.M. - Following ~ further discussion on. various off-agenda and Councilman items, a lunch recess was called. 2:15 P.M. - Work Session reconvened and the Board reviewed proposed Resolutions for the Regular Meeting. 10:35 A.M.- The Board resumed the audit :and discussed the following items: (1) If the Town obtains a pre-sort mailing permit from the Post office, who will sort the mail? Supervisor Murphy stated this"would be done by the custodians. There was also concern expressed by the Assessor's Office and Receiver's Office concerning their part in this new procedure. [t was made. clear that this would not disturb their.office procedures or filing systems; it is a matter of pre-sorting the mail after it leaves their office.--(2) Decision was made to advertise for resumes for the Licensing RevieTM Board (see Resolution No. 29).--(3) Letter from Justice Price advising l~he Board that his clerk, Barbara Andrade, fell and injured herself in their office, which fall may have been caused by the deteriorated floor covering, and requesting a remedy of the situation. Repairs to'the floor are being made and new undermat, and carpeting are in the process of being installed.--(~) Request of Greenbriar Homes, Inc. for the refund of $5, 680 'inspection fee for that abandoned subdivision was discussed. Before making a decision the Board would like a chronological list of events covering this'subdivision from application date to abandonment.--(5) Letter from Commissioner of Public Works Dean advising the Board that their'request to install a street light at the intersection of Route 25 'and Main Bayview Road, Southold, cannot be accomplished due to the lack Of a secondary on the pole. Councilman Schondebare, Chairman of the Street~Lighting Committee reported that the installation of the caution signal light at the location has satisfied those residents who had earlier requested the installation of the street light.--'(6) A letter from the New Suffolk Civic Association concerning the Town beach and parking problems was discussed. This letter will be answered point by point by Supervisor Murphy.--(7) Letter from Supe~ intendent of Highways Dean advising that the H,ghway' Department budding facade ,s in'desperate need of repair'was di.scussed. It was concluded that the Department of~ I Public Works could handle this repair inhouse without enlisting the services of an ou'~.-~ side contractor.--(8). Proposed Town Bbard resolution in support of Assembly bill A-6891 and companion Senate bill S-6411, the "Used and Useful" Clarification bill which would, clarify the existing "Used and Useful" Law, and prevent LILCO from charging Long Island ratepayers for any of the costs of Shoreman if the plant fails to enter commercial service was discussed. The Board decided to obtain a complete copy of the bill before acting on same. 3:00 P.M. - Recess of the Work Session called for the following public hearings: 3:00 P.M. - Proposed Local Law entitled, "A Local Law in'relation to requirements for highway excavations." 3:05. P.M. Proposed Local Law entitled, "A Local Law to amend the Zoning Code in relation to dwelling unit 'density." 3:30 P.M. - Work Session reconvened and the Board continued reviewing Regular Meeting Agenda items. ~:15 P.M. -- - Town Trustee Jay Bredemeyer met with the Board to report on the results of colifOrm testin9 results for Arshamomaque Pond and Mattituck Creek which have been closed to shellfishin9 by the DEC. Trustee Bredemeyer reviewed the results of the data, station by station, which indicated dramatically reduced levels of the previously high coliform counts, and suggested the Board adopt a resolution requesting the DEC; to issue a conditional opening permit for those creeks I~asecl upon recent bacteriological test results submitted to the DEC by the Suffolk County Department of Health Services (see Resolution No. 36). 4:55 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A Regular Meetin9 of the Southold Town 13oard was held on Tuesday, July 2, 1985. at the Southold Town Hall, Main Road, Sou'.~hold, New York. Supervisor Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Councilman Joseph L.; Townsend, Jr. Justice Raymond.W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare CouncilWoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR' MURPHY: Thank you for coming 'out tonight. As the first order of business to just go off 'our agenda a little bit, we have a man who has served on the Town Conservation Advisory Council for many years and has done a fantastic job and I would like to have a presentation made to him of a proclamation from the entire Town Board. Bob, would you like to come up tot the front and I'll read it for you. (Supervisor Murphy read a Proclamation to Robert Hood, resignin9 member of the Southold Town Conservation Advisory Council - see Resolution No. l0 for resolution and vote.) Bob, my congratulations to you and on behalf of the entire Town Board, thanks for a great job you did over many years, not only on this Council, but for many, many projects in the-Town. MR. HOOD: Thank you very much. SUPERVISOR MURPHY: He's been a most dedicated member of the Council. Okay, moving on to the first order of business, i'd like a resolution to approve the audit of the bills of 'July 2nd, 1985.. Moved by. Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby are ordered paidk General -Fund Whole Town bil'l~ in 'the amount of $1'3,228.22; General Fund Part Town bills in the amount of $1,2,293.78; Highway Department bills in'the amount of $98,629.94; Fishers Island Ferry District bills in the amount of $14,583.18; Southold Wastewater Treatment Plant bills in the amount of $2'14,313.84. Vote of the Town Board: Ayes: Councilwoman. Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next I'd like a resolution approving the minutes of the Regular Meeting of June 18, 1985. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RI=SOLVED that the minutes of the Regular Meeting of the Southold Town Board held on June 18, 198-~.; ~-and her~b~ are approved. Vote of t-I~e Town Board: Ayes: Councilwoman. Cochran,. Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 364 2, SUPERVISOR MURPHY: Next I'd iike to.entertain a motion to set the next meeting date of July 16th, 1985, 3:00 P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the next Regular Meeting of the Southold Town BoarCl will be held at 3:00 P.M., Tuesday, Jul), 16, 1985, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayesi CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared 'duly ADOPTED. I. REPORTS. like to remind every~dy that these reports are on file in the Town Clerk,~ office for anyone who would like to I~k at them. 1. Town Justice Report, Justice Price, May, 1985. 2. Town JustiCe Report, Justice Edwards, June, 1985. 3. Audit Report of the Town of Southold for the year ended December 3~, 1984, prepared by E. F. Kaldor, C.P.A., P.C. 4. Asking the Councilmen, starting on my right o~er here with Jay, for his report for this last two weeks. COUNCl~AN SCHONDEBARE: Well, we all showed up for the Master Plan. We're still working on that and we're going along and we're almost finished with the book and then I guess we're going to start.on the planning maps thereafter. We had a Commerce and Industry' meeting last W~nesday and I think I should have something to present to the Town Board two weeks from today when I .finalize' it 'and get their'thoughts. Basically, as I've said inthe past, we're looking for some sort of an economic'factor to be added in to the Board's decisions that affect any given project 'within the Town. That's a~ut it, Frank. SUPERVISOR MURPHY: Thank you, Jay. Joe? COUNCILMAN TOWNSEND: Landmark, Committee met"a week.ago and they announced that they've gotten a grant for a :survey of all the historic structures in Town this is going to take place over two years and I think it's a good thin9 for it wili'improve a lot of the historic buildings we have and ! think it will F economic and aesthetic'incentives for everybody else to restore their houses as well. I think we'll hear more from Frank 0n the joint filter district meeting that we had. I attended the ~traduation of Head Start and I hope it's the first of.many for these kids. They- were, .cute as buttons and I think the parents were very proud. ~ presented the Town Board, with a report on Cablevisi0n today. After receiving about thirty more complaints after the last meeting we had, I went through the contract and picked out areas where I thought the Cablevision Company may be inviolation of the contract.and then other areas where ! thought the Town had been lax in seeing that the. Cablevision complied with the provisions of the contract, especially those areas regarding penalties for lack Of performance by the Cablevision Company. We're 9oing to send this report to the New Dimension Cable Services and hopefully get some action. We're going tb ask Mr. Giampietro to come to :our next meeting to discuss this. That's all I have. SUPERVISOR MURPHY: Thank you, Joe. Paul? COUNCILMAN STOUTENBURGH: Just that the Park Committee sits with their fingers crossed hoping we'll have our.beaches open. We're having difficulty getting lifeguards. You know we are at a disadvantage of not having a swimming pool out here. All the west end schools have them and this is where we reap our people from, most of them, and it's a shame we don't have. a facility where we can train our young people. We have to look for a pool someplace or go up to Brookhaven Lab or som'ething like that to train our young people, but we do hope to have ali the people certified and ready to go when it. comes time. Nothing more. SUPERVISOR MURPHY: Thank you, Paul. Jean? COUNCILWOMAN COCHRAN: yes, just a little update on the progress of the Affordable Housing Committee. On the 20th I did attend the Mattituck Senior citizen 9roup, where i had attended the other two clubs to distribute the questionnaires and ask for their support in filling them out. This'completes the last section of distributioh. The Committee had previously scheduled a meeting on July 4th, but due to the holiday, we will be meeting on July 11th and at that time 'the Committee will be reviewing the analyzed data as a result of the questionnaire. Frank, you will be reporting on the joint meeting, then I'll skip that. Also the day after the joint meeting with Riverhead on the-water filter program, I attended a' meeting of the Water' Advisory Committee. 'l.n addition to the Committee attending was a representative from ERM Northeast and our Town Attorney and Mr. Van. Nostrand who is the lawyer for the -Suffolk 'County' Water Authority, and Mr. Van. Nostrand shared a great deal of background as far as the operations of the Suffolk 'County Water Authority. He talked to us in relation to JULY 2~ 1985 condemning land for the use of wells how many employees. Just diff formed and I'm sure Mr. Bear, Chairman 365 how many wells, they have, as far as Qp~ior~s' 'of water districts that can be hold's Water Advisory Committee will be submitting a report to the Board for their information. Jay reported on the Commerce and Industry Committee. Also on Thursday I attended a meeting relating to the Airport Study,. Foster Beach from the New York State Department of'Transportation reported that they had just received a copy of the report and had not had time to as yet review it ~in depth-and also in addition two copies have to go to Clarence, Cook who is Director of the Airport, Bureau in Albany, for review. I.t was also his ~feeling that the Town Board's Advisory-~-Technical Advisory Committee should review the report and submit their~findings to the Town Board. Also his thoughts after the State and FAA notify us that the report-is'complete, the a public'meeting should be held with the community for their 'input as to the need for an airport and does the community want an airport. So after that the Board would have two options: select the site and continue the study nr determine there is not a need and the community does not feel an airport is essential and then they would discontinue the study. Inbetween that i did attend two meetings of the Master Plan Review. This'morning we had a meetin9 with our Recreation Director and we were, discussing budget, policy, a tentative fall program with ideas, inventory-- these are some of the things that we Would be putting into place, and as a result of having a scheduled hearing this morning I think we left Susan Fossett, our Director, in the middle of a sentence, so we will.' be scheduling another meeting so that we can complete that business. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards? JUSTICE EDWARDS: Our new ferry has arrived on Fishers Island a week ago last Thursday.. The christening of the boat was on Fishers Island last Saturday--a week ago Saturday and I'm glad to say that the majority of the Town Board was there. I think everyone had a nice time at the christening and one of the Commissioners came up to me only, ! believe it 'was Saturday I~ met Commissioner Evans and he said, "Would you believe we put '46 cars on that boat." He was all smiles and I said, "Well wouldn't it be nice if the people forget to come?" So the boat is 'doing well. There's a few little bugs in it, but it's a great addition to the Island. There's something else, but I'll pick it up later., Than~ you, Frank.' SUPERVISOR MURPHY: Thank you, Judge. As you could see the entire Town Board has been very buSY. We are progressing very well, I think, on the Master Plan and we're making good progress. I did enjoy, and I think every member, of the Town Board enjoyed going over for the. christening and as usual they certainly furnished us with a lovely day to fly over and to see Fishers Island and I think it was very rewarding for all the people who went over to see really how great Fishers Island is. The airport, as Jean commented, we are making progress. Hopefully in two to three weeks we will have a critique on the proposal, on the first two phases of the study and to see if we then are in a position where we can make a decision or--not the Town Board, the committee first and then the Town Board. Also on Friday ! attended the Police Department Graduation. We had three young members of the Town who went into the start of the class and did finish. We're very proud of them. They did'a fantastic iob. There was also a young man from Mattituck, the son of Victor Lessard, our Building Administrator, who also graduated as a Sheriff'S Deputy through .the same course and a young man from Greenport~ former member of the Greenport. Police Department.who also graduated and is now a~ member of the Suffolk County Police Department, and as a point of information, 1 was very surprised when the first person came up, a young lady and they. called to ask her husband, who is a member of the Suffolk County Police Department, to assist in giving the diploma. At the end of the day there were about 1'00 people and there were four such couples where the husband, who three of them were members.of the Suffolk County Police Department and one was a member of the New York City Police Depart- ment, their'wives now finished this course and are now patrolmen in Suffolk 'County, and it was really a very enlightening and. very nice affair~ The most important, probabl~ was the joint meeting we had with Riverhead and our Consultant on the Water Advisory, and ! as. very happy to hear the comments, mainly that there is a possibility that we don't h~ve to depend upon a big watermain~going through Southold Town, that point of sour;e treatment is indeed an acceptable way of treating water. It's not the entire answer, but it certainly, I think, gives us in Southold Town a strong ray of hope that we're not going to be forced into big sewer districts like the Southwest Sewer District, or big ~ater districts like we find to the west. We really, can't afford it here and there was very good news to hear that this point of source treatment is an acceptable way an.! Friday we're going to have a ribbon cuttin9. Dr. Harris, Commissioner of Health n Suffolk County is going to be here on the building and the program that we're c,~o. perat!n~ with the County in our Landfill on testing~ various equipment. We're in-the I~rocess of having ten to fourteen manufacturers install their conditioners free of charge in. various homes in Sout'hold Town to monitor, with the Health Department, and with th~ Town, to monitor their 'effectiveness so that we could, come up with suggested filters hat are acceptable and do work and are practical in Southold Town. One of the men~bers of the Water Advisory Committee traveled to Corneli this month and attended a conference and she reports back really the great progress that's being made in Southol Town. We're probably one of 'the first in the country in' the progress on this 'filter districl~ and on alternate methods of treating water rather than trying to drill~a hole deeper in the ground. We're-out on the East End. All we're going to get is salt water. So l.m very pleased with the results and hopefully by the end of the summer we'll have JULY 2, 1985 some of the results. We're also applying for a la~'ge-grant with the EPA that looks very good now. Part of the money was funded in this 'year's budget in the federal government and we stand a very good chance of'getting this grant so when we come to the point where we're deciding what type of filters are going to be used here effectively, cost- wise and efficiency-wise that we will'have some 'aid, maybe, in helping the homeowners so that we don't have this great financial impact of a watermain or a sewer district. Il. PUBLIC-NOTICES. (none) !!1. COMMUNICATIONS. SUPERVISOR MURPHY: Number 1 iS a. letter from R. W. Beck and Associates telling~-~ us of their progress on the study for. Southold Town and then Judge Edwards also very good for the residents ot~ .Fishers Island that there is a good possibil!ty that this hydropower and them taking over their own district over there is very practical and hopefully it's going to work in'.the mainland of Southoid Town. Again this will be another first and one that we're, very proud of. Fishers Island has the unique distinction, ! believe, of.now having the highest rate--electric'rate in New York State, so this is 'why they need some help and we need some help over here. I guess we're second or third. 2~ A letter from Mary Fallon (Deputy Supervisor, Suffolk County Department of Consumer Affairs) complimenting the Town on their'Senioi~ Day Care Program. Vee McKeighan and myself took her down and showed her our Senior Day Care Program in'Greenport. She was. very much 'impressed with it and also she came with a program that we would like to consider'implementing in'the Town in the fall on Safety for Older, Consumers Program. it looks very good and hopefully we could do something with it.' IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: There is:a .public'hearing at 8:-00 P.M. We had five today-- or four today, one was cancelled, and there is'a sixth at 8:00 o'clock and we've got about five or six minutes, so I think we'll move on to Resolutions. , V. RESOLUTIONS. SUPERVISOR MU~RPHY: Resolution Number I is an amendment to the Community Developmen't Budget ...... Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the TOwn of Southold, after giving due notice of these proposed amendments in. the official" newspapers of the Town on June 13, '1985/ hereby authorizes the foil,owing Budget amendments to the Community Develop- ment Year IX Program: . Project Head Start. Facility North Fork Animal League Building Handicap Ramp American Legion Lower Road Sump Current New Budget Increase Decrease Budget $20,000. O0 -0- ' $20,000. O0 -0- $ '8, 000.,00 $ · 685'.'00 -0- $ 8,685.00 $, '8,:00.0.~00 $ 7; 315.00 -0- $1'5, 315.00 $.1'6,675.'00. $1'2,000.00 -0- $28,675.00 SUPERVISOR MURPHY: Any questions? (No response.) -Vote of the Town Board: Ayes,: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is the proposed Local Law to amend the Town in relation to parking of vehicles, mainly down on Duck Pond Road in Cutchogue. is 'to limit--there's a motel down at the end of the road and it's to limit parking at certain hours and also to help provide safer access to the beach for emergency vehicles. Any other questions? COUNCILMAN STOUTENBURGH: i'd just like to say it is not for access to the beach or fire, Frank, that was discounted. That was the original concept and that is no longer true. SUPERVISOR MURPHY: Any other comments on it? COUNCILMAN SCHONDEBARE: Just for the record, I indicated previously that if we had a large number of people who showed up at the public hearing in opposition to this that I would not support it.' I believe we had no one who spoke at the public hearing in opposition and I believe we had two letters in the fiie from two people opposed to it. JULY 2~ 1985 367 COUNCILMAN STOUTENBURGH: people who said no. So we had one person who asked for it and two 2. SUPERVISOR MURPHY: Okay, any other questions? Comments? (No response.) Moved by Supervisor Murphy, seconded by. Councilman Townsend, WHEREAS ~ proposed Local Law No. 9 - 1985 was introduced at a' meeting of this Board held on the 4th day of June, 1985, and WHEREAS, a public'hearing was held thereon by the Town Board on the 18th day of June, 1985, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local Law. No. 9 - 1985 be enacted as follows: LOCAL LAW NO. 9- 1985 ^ Local Law to amend the Southold Town Code in relation to parking of vehicles. BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets]). Chapter 92 (Vehicle and Traffic) of the Code of the Town of Southold'is amended to read as follows: Section 92-42 thereof (Parking during certain hours) is 'hereby amended as follows: Between Name of Street Side the Hours of Location Duck Pond Road [both] West Duck. Pond Road Ea'st 10:00 P.M. and 7:00 A.M. 10: 00. P.M. and 10:00 A.M. In Cutchogue from the guardrall at the northerly terminus southerl~ for a distance of 400 feet. In Cutchogue from the guardrail at .the northerly terminus southerl~ for a distance of 400 feet II. Section 92-43 thereof (Parking for limited time only) is hereby amended as follows: Between Time ..... Name of Street Side the Hour's of Limit ' Location Duck Pond Road [both] West 7:00 A.M. and 2 hrs.' 10:00 P.M. In Cutchogue' from the guard rail at the northerly terminus soU~therly for a distance of 400 feet. Duck Pond Road East t0:00 A.M.and 2 hrs. 10:00 P.M. In Cutchogue from the guard rail at the northerly terminu~ southerly for a distance of 400 feet. __-_![!_: _.T_h!_s L.o_c~.l___L?_~_~s_ha_l_l take effect g_po_n_ !t~ fi!.i_n_g__w_ it.h~ t~? $._e.cr_e. tar. y~ o~ .St.ate,. 2.-Vote of the Town Board: Ayes: Councilman Schondebare, Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilwoman Cochran, Council- man Stoutenburgh. ~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is'a change of zone. Moved by. Councilman Schondebare, seconded'by Justice. Edwards, .. WHEREAS, .Elizabeth J.. Homan, by_petition dated October .~19, 1984. applied to the T, own Board of ~the _Town .of' SOuthold"for a change of zone on certain property situated at Cutchogue, New York., from "A" Residential and. Agricultural District to ".(2" Light Industrial District, and WHEREAS, the said petition was referred to the Southold Town Planning Board and the Suffolk County Departmen tof Planning for official recommendation and report, and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 4th day of June, 1985, at 8:00 P.M., at which time all persons were given an oppoPtunity to be-heard, now, therefore, be it RESOLVED-that Elizabeth J. H.oman be and hereby is granted the relief demanded in said petition for ach. ange of zone. SUPERVISOR MURPHY: Any questions oni,it? (No response.) 3.~-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Justice:Edwards, Councilman Townsend. No: . Councilman Stoutenburgh, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to increase the workday hours of the Assistant Cook at the Nutrition Program. 4. Moved by Justice Edwards, seconded by CouncilWoman, Cochran, it was RESOLVED .that the .Town Board of the Town of Southold hereby increases the workday hours of. Dorothy My,slib0rski, Assistant Cook for the Southold Town Nutrition Program, from. G hours per. day to. 7 hours per day. 4.-Vote of the Town Board: Ayes: C~)~oman. Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards', Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to allocate funds for the purchase of soccer ba~ RESOLVED that the Town Board of the Town of Southold hereby allocates $575.00 from A7320~ 4 Joint Youth Account for the p~rchase ~of 50 soccer balls for the Southold Soccer Club's 1985: season. 5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare~ Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor M~rphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number G is'going to be held, it's concerning a lease on a parking field (north side of Main-Road, east of Mei Lin Restaurant, Southold), that the Town Attorney is drawing up. -Nu.mber 7-is-going to-be held (Agreement between the Town and Cross Sound. Ferry, In'c. for. ,$'1'00~,000 'loan), to do a little' more review ~'n~l get an opinion from HUD 6n the job program from HUD.' Number.. 8 is 'an Environ- mental Assessment on the job for the. sealing of the:;ru.nways of EliZabeth Airport.on Fishers -Island. m Moved by. Justice. Edwardsl, seconded by Councilwoman Cochran, it. was RESOLVED.that pursuant, to Article'8 6f the Environmental. Conservation Law State Environmental Quality Review and' .6NYCRR Part' 617, Section 617.'10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board,' as lead agency for 'the :action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Rehabilitation' ~f Runways 7/25 and 12/30,' Elizabeth Airfield,~ ~i~hers( l.sland, Town of Southold,. New York. ~have a significant effect on the. because an environmental assessment .has been submitted which indicated that no adverse effect to the environmenf are likely to occur should the project be imP. l!~e~te~ as Planned and because there has been no response in' the allotted time from l~h~:'i~lew York State Department of Environmental Conservation it 'is assumed that there are no objections nor comments from that agency. SUPERVISOR MURPHY: Any other questions on it? .[No response.) 8.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared :duly ADOPTED. SUPERVISOR MURPHY: Number' 9 we're going to hold (purchase of three tax sale parcels from the County of Suffolk - South Harbor Road, Southold, 2 - Flint Street, 10. Greenport) and find out exactly the status of these parcels as far as the Suffolk County tax sale is concerned. Number 10 'is the memorializing resolution thanking Bob Hood for his many years of service. ! offer that resolution very happily. Moved by Supervisor Murphy, seconded by the Entire Town Board, it 'was RESOLVED that the Town Board of the Town of Southold hereby a,ccepts, with regret, the resignation of Robert Hood as a member of the Southold Town Conservation Advisory Council, and extends to Mr. Hood their sincere thanks and appreciation for the time and effort he has devoted as a member of the. Council since June 12, 1979, and be it furt~ RESOLVED that the followin9 resolution be presented to Mr. Hood: WHEREAS, ROBERT HOOD, a most esteemec~ member of the Southold Town Conservati Advisory Council, has resigned effective~June 20, 1985, and WHEREAS, ROBERT Hood has given generously of his time and talents in his faithful service to the Town of Southold as a member of the. Conservation Advisory Council since June 12, 1979, and WHEREAS, his record of fine service, diligence to duty and dedication to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom he worked, and WHEREAS, the Town of Southold will'be deprived of his wise counsel and judgment;~: now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses their most sincere appreciation to ROBERT HOOD for his 'unselfish and wh~)l~bearted cooperation and untiring efforts on behalf of the Town, and extend their best wishes for the years ahead, and be it further JULY 2, 1985 RESOLVED that a. copy of this resolbtiof~"~be presented to MR. HOOD and entered in the permanent record of this Town Board meeting. 10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, ~ouncilman Stoutenburgh, Justice Edwards, .Councilman Townsend, 'Supervisor Murphy. This 'resolution was declared duly ADOPTED SUPERVISOR MURPHY: Number ,11 is to appoint a member to replace Mr. Hood, which will be very hard to do, on the Southold Town Conservation Advisory Council. 11. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jeanne Marriner a member of the Southold Town Conservation Advisory Council, to fill the unexpired term of Robert Hood, which term became effective June 18; 1985, and expires on June 18, 1987. . .. ,v~ of L..~ Town Board: Ayes: Councilwoman ~;oc~ran, Councilman $chondebare, Councilman Stoutenburgh,'Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: NUmber .12 is an environmental assessment on a proposed Local Law to provide for the regulation of horses. 12. Moved by Councilman Townsend, seconded by COuncilman Schondebare, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and .6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is 'hereby given that the Southold Town Board, as lead agency for the 'action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. DescriptiOnregulation of°fHorses..,~cti°n: Proposed Local Law entitled;' "A Local Law to provide for the The project has been determined not to have a significant effect on the environ- ment because .an environmental assessment has been submitted which indicated that no significant adverse effect to the environmental are likely to occur should the project be implemented as planned and because there has been no response in the allotted time from the. New York. State Department of Environmental Conservation it is assumed that there are no objections nor comments from that agency. 12.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, · Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number .13 is to set a public hearing on the proposed Local Law. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby sets 3:35 P.M., Tuesday, .July 16, . 1985, _Southold To.wn Hall, Main Road, Southold, New York, as time and place for a public hearing on a proposed Local Law entitled, "A Local L--~w to provide for the regulation of I~lo~ses,,, which reads as follows, to wit: BE IT ENACTED by the Town Board of the Town of Southold! as follows: Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended as follows: (additions indicated by underline; deletions by [brackets]). I. Section I00-30A thereof is'amended by adding a new subsection thereto, to be Section .100-30A (4), to read as follows: (4) The keepin9 of horses for the personal recreational use of the owner of Such horse or horses, subject to the followin9 requirements: .(,a) The land area devoted exclusively, to such use shall be not less than one (1) acre. (b) A minimum of twenty thousand (20,000) square feet of land area shall be provided for each horse. II. Section .100-30C (5) thereof is hereby repealed and a new subsection (5) is added in place thereof, to read as follows: (5), The keeping of horses for the personal recreational use of the lot owner and family, on lots used and occupied for private residential uses, subject to the followin9 r .equirements. (a) The minimum area of such lot shall be not less than one (1) acre. .'~b) The land area devoted exclusively to-such use shall be not less than twenty thousand (.20~'.000) square feet for each horse. (c) Such use shall be confined to the rear yard area of the lot. II1: This:-L-0-~al Law shall take effect upon its filing with ihe Secretary of State. 13.~-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, at this time I'd like a resolution to recess the regular Town. B~ rd meeting to have our public hearing. Moved by Councilman Stoutenburgh, seconded by. CouncilWoman Cochran, it was RESOLVED that this:Town Board meeting be and hereby is recessed at 8:00 P.M. for the purpose of holding the following public hearing: Rehearing on the petition of Louis Hodor and Max Staller for relief from the two-acre zoning requirements, -pursuant to the provisions of, Local Law, No. 11. Vote of the Town Board: Ayes: .. Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, ,Justice EdWards,: Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. RegUlar M~eting reconvened at~ 9:25 P.M. MR. FRANK TARULLI, Southold: ~May I ask is it proper for us to ask a question on these resolutions? SUPERVISOR MURPHY: At the, end of the meeting, sir~ MR., TARULLi: All riqht, thank you. SUPERVISOR MURPHY: The next'resolution is. Number ,14 concerning the purchase of the roadbed to Matthews Lane, Cutch0gue. 14. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of S0uthold hereby authorizes and directs Supervisor Francis J. Murphy to apply to the Suffolk County Department of Real Estate for the purchase of the roadbed to Matthews Lane, Cutcho~ue, which the, County h~as' acquired by tax default and which is ~being offered for tax sale; using Community Development Funds for the purchase of same. 14.-Vote of the Town .Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, ,Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to extend a Wetland Permit.' 1~. Moved by Councilman Stoutenburgh, seconded.by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby grants James and Peter Kreh an extension of their'Wetland Permit No. 160, which expired on May 8, :1985, to December 29, 1985.. This 'extension coincides with the extension granted by the Board of Southold Town Trustees for permit:issued by them. 15.~Vote of the Town Board: Ayes: Councilwoman. Cochran,. Councilman Schondebare, Councilman Stoutenburgh, Justice, Edwards,. Councilman Townsend,-Supervisor Murphr'-~ · This resolution was declared duly ADOPTED. SUPERVISOR MURPHY': · Number ;16 is 'to provide transportation to the Trustees to Fishers. Island for an inspection. Moved by Supervisor Murphy, seconded by Justice Edwards, it 'was RESOLVED that the Town Board of'the Town of Southold hereby authorizes the, necessar~ expenditure for the Board of Southold Town Trustees to charter an airplane to transport them to Fishers Island for a Wetland Application inspection. 16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman SchOndebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: Number 17(a) is an environmental assessment on a piece of equipment for the Landfill'. 17. Moved by· Cbuncilman Townsend, seconded by Councilman Stoutenburgh, it was (a). RESOLVED that pursuant, to Article 8 0f the Envir0nmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the 'action described below, has determined that the project, which is, unlisted, will not have a significant effect on the environment. Description of Action: Proposed purchase of one (1) Wood Waste Tub Grind for the Southold Town Landfill Site. The project has been determined not to have a significant effect on the environS' ment because an environmental assessment has been submitted which indicated that n~ significant adverse effect to the environment are likely to occur should the project b6 implemented as planned and because there .has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there are no objections nor, comments from that agency. 17.-Vote of the Town Board: Ayes: · Councilwoman Cochran, Councilman- Schondebare, (a} ~-0uncilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. . This resOlution was declared duly ADOPTED. SUPERVISOR MURPHY: Number ~'17(b} is to accept a bid. Moved by Councilwoman Cochran, seconded by. Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Fuel Harvesters Equipment, Inc., Penn Valley,.: California~ in the amount of $112,081.38, .for ?upplying the Town with one (~) Wood Waste Tub Grinder, all in accordance with the specifications for bid~ SUPERVISOR MURPHY: 1~ might~adc!.:.tha~.~:tbis'~is~ being paid for partially by a BAN, Bond Anticipation Note, partially th~ug~i'community ~)evelopment Funds, and partially thro. ugh a disCOunt for prompt payment, and possibly the purchase of some surplus equipment we might have for sale this summer. It's used mainly to reduce the. volume of brush and leaves that are going into the Landfill and make a usable product that we could' use to make topsoil to cover the Landfill with. COUNCILMAN TOWNSEND: I'd just like to make one comment. Regarding the surplus equipment that Frank mentioned. We presently have a Morbark Chipper which we feel will be made obsolete by the purchase of this "tub grinder, which should enable us to retire that bond almost in its entirety so that we will'have this without, incurring furthe~ debt, which is my hope and so we're going 'to be looking carefully at the number of hours on that chipper in the ne×t~ couple of months to see if it's .being used at all after we get this~tub grinder. 17.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman $chondebare, (b) Councilman $toutenburgh, Justice Edwards,. Councilman Townsend, Supervisor Murphy. This :resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number .18 is 'to accept a bid' for snow fence. 18. Moved by CouncilWoman Cochran, seconded by ~Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid'of Agway, Inc. for~supplying the Southold Town Highway Department with 10,000 linear feet of snow fence at a total cost of $~3~698.00 all in accordance with the bid specifica- tions. 18.-Vote' of the Town Board: Ayes: CouncilWoman Cochran, Councilman $chondebare, · Councilm~n Stoutenburgh, ~Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: Number ,19 to_accept a bid'for .500. ~ 6 foot studded T Posts at a cost of $1',295J00 for the snow fence. .19. Moved by. Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of . Chemu.n.g Supply. Corporation for supplying 'the Southoid Town Highway Department with 500-- 6 ft. studded steel T Posts at a total cost of $1',295.00, all in accordance with the bid sp~C~i~6ati0ns. 19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman $chondebare, . C0unci[man Stoutenburgh, Justice Edwards,. Councilman Townsend, Supervisor Murphy. . This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is lead agency. 20. Moved by. Councilman Stoutenburgh, seconded by, Councilwoman Cochran, it was 'RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the proposed revised Highway Specifications and Standard Sheets of the Town of Southold. 20.rVote of the T~wn Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice. Edwards, Councilman Townsend, -Supervisor Murphy. This resolution was declared 'duly ADOPTED. 21. SUPERVISOR MURPHY:. Number 21 is a resolution to authorize the Town to make four creeks more. access to the public to provide better access to the public on this so that we can get the mouths of the creek dredged by the County. Moved by-C~uncilman Stoc~tenburgh, seconded by Justice Edwards, WHEREAS, the Suffolk County Department of Public Works, Division of Waterways, has for many years dredged th~:creeks in the Town of Southold, and WHEREAS, this year th~ Suffolk County Planning Department has established certain rules and regulations for the maintenance dredging of the creeks within the Town of Southold, and WHEREAS, the Suffolk County Planning .Department requires that there be public access to all creeks that are dredged by the County of Suffolk, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby agrees to' make the necessary alterations and/or construction to make public access available to the following Southold Town, creeks: Cor, e¥ Creek, West Creek, Goose Creek and Little Creek, and be it. further RESOLVED that said' alterations and/or construction shall be accomplished on or before. 21.-Vote of the Town F~oard: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice.Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to appoint.provisional Lifeguards. 22. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following Provisional Lifeguards for the 1985: summer season for Southold Town Beaches, effective June 22, 1985: 372 JULY 2, 1985 Michael Conklin $4'.50 per hour Margo Mullady $4.50 per hour Michael Towers .$~.50 per hour Robert Finora '. $4.:50 per hour 22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: Number 23 is 'an addendum to the specifications for the new Fishers, Island Ferry Boat. 23. Moved by-Justice Edwards, seconded by CouncilWoman Cochran, it was RESOLVED that the Town Board. of the Town of Southold hereby grants permission t the Board of Commissioners of the Fishers Island Ferry Disl~rict to execute a. change' ' th~. contract hetw~.~_n the_ Fishers Island Ferry DIstrlct and Eastern Marine, Inc. to entitled Addendum No. 2 to.,S.~,.e,c~ficat~ons No. 2476..162 ft. Passenger/Auto Fe ¥ provide for final changes'a~d payment thai-eof and for payment fop spare parts, tools and fuel remaining on delivery; said:change is'to be:effected at a net cost of $8,762.37. 23.~Vote of the Town Board: Ayes: Councilwoman Cochran,. Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2B is to advertise for bids for the ferry boat. 24. Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was RESOLVED that the Town Board of the Town of Southoid hereby grants permission to the Board of Commissioners of the Fishers Island Ferry District to advertise for bids .to convert the control system on rvlv RACE POINT to pneumatic, if found necessary to do so, to ensure the ability of the operator to safely maneuver the vessel. 24.,Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, . Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. .. This resolution was declared 'duly. ADOPTED. SUPERVISOR MURPHY: Number 25 is to declare lead agency. 25. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was . RESOLVED that the Southold Town Board hereby declares itself lead agency in regard to the State Environmental Quality .Review Act in the matter of the entitled, "A Local Law in relation to the disposal of Scavenger Waste Wastewater Disposal District." 25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. .SUPERVISOR MURPHY: Number 26 is to set a .public hearing. 26. Moved by Councilman Stoutenburgh, seconded by. Councilman Townsend, it was RESOLVED that the Town Board of'the Town of Southold hereby sets 3:'40 P.M., Tuesday, July 16, 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 in' relation to the disposal of Scav,enger Waste in the Southold Wastewater Disposal District," which reads as follows, to wit: 'BE IT ENACTED BY the Town Board of the Town of Southold, as follows: I. The Code of the Town of Southol'd is hereby amended by adding a new Chapter thereto, to be Chapter 75, to read as follows: ARTICLE I General Provisions Section 754 1.1-Title This Chapter shall be known and may be cited as the "Southold Scavenger Waste Disposal Law". Section 75-I. 2-Definitions Unless the context ' indicates, otherwise, the following terms shall, for the purpose of this Chapter, have the meaning herein indicated: 1. BOARD - means the Southold Town Board, acting for and on -behalf of the Southold Wastewater Disposal District. 2. CARTER - shall mean any trucker, hauler or enterprise that is licensed within the District to provide on-site system pumping and other maintenance assistance. JULY CESSPOOL .- shall mea:n::any~,cesspool which essentially operates as a combined septic' 'i~fi~'~J~ain field ~rocess. Since the sOlids remain in one tank, they tend to clog more quickly than septic tanks which have drain field systems. Although these systems were previously in widespread use, they are not acceptable for new construction due to their inefficiencies. DISTRICT - means the Southold Wastewater Disposal District. 4 DRAIN FIELD - shall mean a tile field consisting of perforated pipes in below ground trenches, which allow the clarified O effluent from the septic tank to percolate to the groundwater (underground water) or a circular below grade tank with openings constructed in the sidewalls which provide for drainage of the treated liquid. EASEMENT - shall mean an interest in land owned by another that entitled its holder to a specific limited use. ON-SITE SYSTEM - shall mean any below grade cesspool, septic tank and drain field as defined herein for the disposal of sanitary sewage and normal domestic wastes. 8. PERSON means any person, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof. 9. SCAVENGER WASTE PRETREATMENT FACILITY - shall mean a treatment plant designed to receive septage (scavenger waste) and treat it to levels acceptable for discharge to the Greenport Sewage Treatment .Plant for further treatment. 10. 11. SEPTAGE (Scavenger Waste) materials removed from a 'pumping. shall mean the solid and liquid cesspool or septic tank during SEPTIC TANK - shall mean any buried, watertight receptacle designed and constructed to receive wastewater from a home, to separate solids from liquid, to provide limited digestion of organic matter, to store solids and to allow the clarified liquid to leach into the surrounding soils. 12. SEWAGE TREATMENT PLANT shall mean any arrangement of devices and structures used for treating sewage, exclusive of cesspools, septic tanks and drain fields as described herein. Section 75-1.3-Purpose The Southold Wastewater Disposal District was established by an order of the Southold Town Board, adopted on February 15, 1983, as amended by an order of said Board adopted on May 24, 1983, for the purpose of protecting the ground and surface waters within said District from the disposition of scavenger waste by providing a wastewater pretreatment facility .at the site of the sewer treatment plant of the Village of Greenport for the disposal of scavenger waste in the District, and providing regulations to protect the health and water quality, and to prevent the contamination of the water supply within the District. ARTICLE I! · - Scaven§ er Waste Transportation Section 75 - 2.1 - License Required. No person shall engage in the removal of scavenger waste from any cesspool or septic tank located within the District who does not possess a currently valid license issued by the Southold Town Clerk. Section 75 - 2-.2 - Application for Carters Licensp. An applicant for a license as required by Section 75-2.1 hereof shall file a sworn statement with the Town Clerk on the form prescribed stat,no: the name and address of the applicant; and the type, model and capacity (in gallons) of all vehicles to be used. Additionally, such form shall state: I, being duly sworn, state and depose that I am familiar with the requirements of the Southold Scavenger Waste Law. That i will report the address and exact location of all eptic tanks and cesspools pumped by me or by my bus,hess within the So~:thold Wastewater Disposal District as reouired bv Section 374 JULY 2~ 1955 75-2.4 of said Law, and that failure to do so ~ill result in the assessment of a civil penalty of One Hundred Dollars ($100.00) for each violation. Section 75-2.3 - License Fee. Prior to issuance of the license required by Section 75-2.1 hereof, the Town Clerk shall collect a fee in an amount prescribed by resolution of the Town Board. Section 75 2.4 Pump-out Reports by Carters Required~ Each carter of scavenger waste, licensed pursuant to this chapter, shall file a report with the Village of Greenport stating the address and exact location of each cesspool or' septic tank pumped, on a form to be supplied by the Town Clerk, prior to disposing of a scavenger waste load. Failure of any carter to file such report shall result in the imposition of a One Hundred Dollar ($11~.0f~1 rlvil ?en~lt¥ for each c~s~nonl nr septic tank pumped but not reported as required' herein. The report shall have the following information: name and address of owner address of system if different than owner date of pump-out quantity of pump-out type of waste signatures of owner and hauler ARTICLE III Septic and Cesspool Contractors Section 75-3.1 Construction and Alteration Permit Required. No person shall construct, modify, repair or replace any septic tank or cesspool, or any part thereof, located within the Southold Wastewater Disposal District, without obtaining a permit from the Town Clerk within five (5) business days. prior to the date work commences. Such permit shall state the exact location and address of the work in the manner and form specified by the Town Clerk. 'Section 75-3.2 - Civil Penalty. Failure of any person to obtain such permit shall constitute a violation punishable by. a civil penalty of up to One Hundred Dollars ($100.00). Section 75-3.3 - Construction and Alteration Permit Fee. The fee charged for such a construction and alteration permit shall be in such amount as shal! ~be, from time to time, prescribed by resolution of the Board. ARTICLE IV Septic or Cesspool Operation Permit Required Section 75-4.1 - Premises Affected. All real property within the Southold Wastewater Disposal District whereon any on-site disposal system such as a septic tank or cesspool is constructed or operated, whether same be within or outside the geographical area of the District, shall be subject to the permit requirement herein provided. Section 75-4.2 - Operation Permit Required. Each owner of real property hereafter operating an on-site sewage disposal system such as a septic tank or cesspool, except as modified by Section 75-4.3 'hereof, must prior to such operation, possess in the name of the owner, a current septic tank or cesspool operation permit issued-by the Town Clerk. Owner is defined to mean "a natural person, corporation, the State or any authority or subdivision thereof, the United States or any department or agency thereof, and any renter, tenant, lessee or occupant of the premises." Section 75-4.3 - Exception to Section 75-4.2. Within five (5) years after the effective date of this Chapter, no permit shall be required of any owner, his successors, representatives or assigns, operating such an onisite system, at the date this Chapter takes effect provided that such on-site system is not thereafter pumped or other maintenance measures required. At such time as such on-site system requires pumping or other maintenance measures, the owner shall obtain the permit, described in Section 75-4.2 above. Subsequent to four (4) years after the effective date of this Chapter, owners of on-site systems within the Southold'Wastewater Disposal District must obtain an operating permit. Section 75-4.4. No permit shall be required of any renter, tenantt lessee or occupant provided the owner of the premises has a currently valid permit issued in the owner's name, or if the owner is excepted pursuant to Section 75-4.5 - Transfe~..of:Operat~ion P~mit. Once a permit has been - issued~t may be transferi-ed'witho[~ti~h~rge~, to subsequent owners by the Town Clerk upon presentation Of th~ de~d ~0f ~;~:nve yance; provided, however, thatthere is no existing violation as to the operation or other maintenance measures of the system.' - ARTICLE V Southold Wastewater Disposal District Permit Fees and Tax Rates Section 75-5.1 - Fee for Construction and Alteration Permit. Fees for permits for new construction, alteratiof~ or reconstructior, of an on-site system shall be applied to the operating costs of the District. la) The fee tora construction, alteration or reconstruction permit for dn on-siLe system located on premises used excJusiveJy tor residen[iai purposes shall be such fee as shall, from time to time be prescribed by resolution of the Board. lb) The fee for a construction, alteration or reconstruction permit for an on-site systen~, located on premises used in whole or in part for non ~re .......... purposes shall-be such ~-~ ~-" .,~= as .,,o,,, from time to time, be prescribed by resolution of the Board. Section 75-5.2 - Fee for Operation Permit. Fees for operation permits shall be applied to the operating costs of the District. (a) The fee for an operation permit for an on-site system, located on premises used exclusively-for residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. lb) The fee for an operation permit for an on-site system located on premises used in whole or in part for non-residential purposes shall be such fee as shall, from 'time to time, be prescribed by resolution of the Board. Section 75-5.3 - Tax Rate. The Town Board shall, by resolution, establish the tax rate to cover the cost of debt service of the Southold Scavenger Waste Pretreatment Facility, as well as future capital purchases and administrative costs. Operating and maintenance costs will be collected by user fees as prescribed by SeCtion 75-8.1. ARTICLE Vi Construction Requirements for Southold Wastewater Disposal District Permit Holders Section 75-6.1 All new constt:uction of septic tanks, cesspools; or other on-site systems shall conform to "Standards for Sewage and Waste Disposal Systems", as then established by the Suffolk County Department of Health Services. Section 75-6.2 - Ail new construction shall be located as prescribed by the Suffolk County Department of Health Services, and at a location where pumping can occur without trepassing on lands of another owner unless an express easement for that purpose over another owner's premises exists. Section 75-6.3 - All septic tanks and 'cesspools shall be covered in a manner that permits inspection as provided herein without removal of grass, dirt or other similar landscaping. ARTICLE VII Inspection and Maintenance Section 75-7.1 - Frequency. At the end of three (3) years after issuance of an operation permit hereunder, or sooner as conditions may require as determined by the Town, the system shall be inspected by qualified inspectors employed by the Southold Town Board. The Town has the right to waive said inspection. In all cases, it shall be the responsibility of the owner to locate and · remove the cover of the septic ta~t< or cesspool for inspection by the Town inspector. Should such owner refuse to locate and remove the cover of said system, the Town has the right to locate and remove the cover of the cesspool or septic tank and bill t~e owner for all costs incurred. Section 75-7.2 - Right of Entry. As a condition to obtaining the operation permit required h-~reundbr, the owner shall give his consent, at 376 JULY 2, 1985 the time of applying for and obtaining such permit, to such inspectors employed by the Town to enter on the owner's premises to make the necessary inspections. The hours of inspection are to be from 9:00 A.M. to 5:00 P.M. on Monday through Friday. Ten (10) days written notice is to be given to the owner that an inspection will 'be made. In cases where an emergency exists, the Town shall reserve the right to waive such notice. S~ction 75-7.3 Right to Remove Grass, Topsoil, Dirt and Other Coverinqs of the System. No civil claim shall lie against the Town for any damages resuiting from any inspection as authorized herein. Section 75-7.4 - Right to Require Maintenance of On-site System. Every owner of an operation permit shall 'have his on-site septic system pumped on a frequency of not less than once every three (3) years. Should said system and bill the owner therefor. Notwithstanding the foregoing provisions of this Section 75-7.4, the Town Inspector is authorized to extend the time of pumping an on-site septic system in cases where it is determined that, due to the size~ type~ location and/or frequency of use of an on-site septic system, such system is not required to be pumped once every three (3) years. The Town also has' the right to require every owner of an operation permit to repair a malfunctioning on-site .system. Should such owner refuse to perform same, the Town has 'the right .to repair said system and bill the owner therefor. ARTICLE VIii Fee for Disposal of Scavenger Waste Section 75-8.1 - Board to Set. Fee. The Town Board shall, by resolution, set the fee for the transporting to and disposing of scavenger waste at the Southold Scavenger Waste Pretreatment Facility, at such fee per gallon as shall, from time to-time, be prescribed by resolution of the Board. The fee to be paid shall be calculated on full tank capacity and shall be appJied against the operation and maintenance costs of the facility. ARTICLE IX Improper Disposal of Scavenger Waste Prohibited Section 75-9.1 Penalty. No scavenger waste removed from any cesspool or septic tank within the Southold Wastewater Disposal District shall be dumped or-disposed at any location within the Town of Southold except at the Scavenger Waste Pretreatment Facility. ARTICLE X Prohibited Waste Section 75-10.1. Only sanitary sewage and normal domestic wastes shall be discharged into on-site wastewater disposal systems. The following waste shall "not be dischar~ged into the system and shall be considered as · prohibited wastes: (a) Industrial waste. (b) Automobile oil and other non-cooking oil's. (c)_ Drainage from basement floors, footings or roofs. (d) (e) Toxic or hazardous substances and chemicals including, but not limited to, pesticides, acids, paints, paint thinner, herbicides, solvents, photographic chemicals and water softening agents. Cesspool cleaning and drain opening products which are prohibited by Article 39 of the New York State Conservation Law, Section 75-10.2. No person shall knowingly discharge prohibited waste at the Southold Scavenger Waste Pretreatment Facility. ARTICLE Xi A~lministration and' Enforcement JULY 2, 1985 377 Section 75-11.1' ~ Admi~l~tratilon ,aod Enforcement Officer. The'Town Board shall appoint a Sanitation Inspector (referred to in this Chapter as the "Inspector") who shall administer and enforce the provisions of this Chapter. Section 75-11.2 - Notice of Violation. A. Whenever the Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this Chapter or .not in compliance with a permit or license issued pursuant to this Chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, or the carter, to suspend all operations, and any such person shall forthwith cease opei'a~;oi-,$ B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally.or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Inspector may extend the time of compliance specified in the notice of violation where there is'"evidence of intent to comply-within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Inspector, any permi;~ or .license issued to such person pursuant to this chapter shall be deemed revoked. Section 75-11.3 - Penalties for offenses. A. For each offense against any of the provisions of this chapter or - any regulation made pursuant thereto, or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in 'the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine of not exceeding five hundred dollars ($500.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eiqhteen (18) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. B. 'In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. ARTICLE XII Costs and Expenses Section 75-12.1 - Cost and Expenses. All costs and expenses incurred by the District in connection with any proceeding or any work done pursuant to this Chapter shall be assessed against the land on which such cost and expenses were incurred and a statement of such expenses shall be presented to 'the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. if the owner shall fail to pay such expenses within ten [10) days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such ,property, shall constitute a lien and shall be collected and enforced in the same 378 JULY 2, 1985 manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. ARTICLE XII! Effective Date Section 75-I3.1 - Effective Date. The provisions of this Chapter 75 shall become effective on the first day of the month subsequent to the completion of construction, -and 'the commencement of operations of the District's Scavenger Waste Pretreatment Facility. This Local Law shall take effect upon its filing with the Secretary of .......... _s ................................................................. 26.-Vote of-the Town Board: Ayes: Councilwor,~an Cochran, Councilman Schondebare, Councilman Stoutenburgh, 'Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED;- SUPERVISOR MURPHY: Number 27 is to appoint a part-time Clerk for the Southold Town Planning Board for the summer. 27. Moved by CouncilWoman COchran, seconded by Justice Edwards, it was RESOLVED that the'Town Board of the T~own of Southold hereby appoints Georgia Rudder as a part-time seasonal Clerk for 'the Southold Town Planning Board, effective immediately, at a salary of $5'.00 per hour. 27.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman $chondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is to amend our Police Rules and Regulations. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that all matter after the third, sentence of Article IX, 10. c. of "The Rules and Regulations for the Government, Discipline and Administration of the 28. Police Department" is hereby Fepealed and Article IX, 10. c. shall read as follows, to wit: A member of the Department who is sick is assumed to be either at home or in-the hospital or a doctor's office receiving treatment. Since -the municiPality pays the member for such sick-time, it has the right to determine if:such sick-time is justified. Accordingly, the Department reserves the right to call or have its representative visit the residence of the member when such member is on sick call." 28.-Vote of the Town Board: Ayes: Councilman :. Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman Cochran. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: Number 25 is 'to advertise for resumes for five members of the Southold Town Licensing Review. Board, I offer that resolution. 29. Moved by Supervisor Murphy, seconded by. Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for five (5) members of the Southold Town. Licensing, Review Board. 29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is a transfer of funds. 30. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby, authorizes the .f.o!l.owing transfers within the General Fund Whole Town 1985 Budget: From:. A1990.4 ~. Contingent $ 3,679.95 Into: A8540.1 - Drainage, Personal Services Total A4050.4- Public:Health, Other Contractual Expenses A1620.2 - Buildings, Equipment A8540.4- Drainage, Contractual Exp. .Total $1r0,000. 00 $1'3,679.99 $ 3.2.50.00 $ 42 9.95 $1'0,000.00 $1'3,679.99 The above transfers are needed to provide budget.ary, needs for the following expenses: (1) Contract payments to Isabel Day and Eileen Peppard, contracturs, to apply BTI Mosquito Control Substance on Fishers Island.' (2) Provision for expenses incurred providing basins to collect rainwater to prevent leaching in creeks and ponds. (3) Purchase of a new. vacuum, cleaner for the Town Hall. COUNCILMAN STOUTENBURGH: I appreciate the latter part on there. 30.~Vote of the Town Board: Ayes:.-~ounciiwoman C°Chran, Councilman Schondebare, Councilman Stbutenburgh,~3ustiCe Eq~wa~ds~ C'ounciiman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is to approve a bond resolution for the purchase of one 4-1/4 cubic yard articulated payloader for a ma×imum cost of $1'25,000. 3~1. Moved by Justice Edwards, seconded by. Councilman Schondebare, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 2, 1985, AUTHORIZING T~. PURCHASE OF A USED PAYLOADER, STATING THE APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPR I AT I ON. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES.(by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to purchase a used payloader. ~he estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $125,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $125,000, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law") to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which said $125,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years; however, the proposed maturity of said bonds or notes 380 JULY 2, 1985 issued in anticipation of said bonds will not exceed five (5) years from the original date of issuance of said obligations. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 5 of the Law. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due ~nd payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or JULY 2, 1985 purpose for which ~the Town is no~ authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town CLerk of the Town, is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by §81.00 of the Law in "THE LONG ISLAND TRAVELER-MATTITUCK WATCHMAN," a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper published in Greenport, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication.. 31.-vote of the Town Board-' Ayes: · Councilwoman Cochran,. Councilman Schondebare, .' 'Councilman Stoutenburgh, Justice. Edwards,. Councilman~Townsend, Supervisor Murphy. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: . Number 32 is to declare the Town lead agency. 32. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the proposed purchase of a used 4-1/L~ cubic yard articulated payloader for the Southold Town Landfill Site. 32..-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33 is to authorize the Town Clerk to advertise for bids for the purchase of this payloader~ I offer that resolution. 33. Moved by Supervisor Murphy, seconded by. Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise .for bids for the purchase of one (1) used 4-1/~, cubic yard articulated payloader for the Southold Town Landfill Site, all in accordance with the specifications for same. 33.r-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 34.is a decision on the Freedom of Information hearing we held this morning. 34. Moved by Justice Edwards, seconded by. Councilman Schondebare, WHEREAS, ~gdy Adams filed an Appeal to this Board of the decision of the Chief of Police wherein he denied her request ~th respect to the identification of police officers in the various police patrol sectors of the Town prior to or at the time of the assign- ment of police officers to such sectors, and WHEREAS, such appeal was heard by this Board at 9:20 o'clock A.M., on Jul), 2, '1985, to consider such appeal, after due notica thereof to the appellant who did not appear at such time and place, and WHEREAS, the Chief of Police appeared at and testifed at such Appeal, and WHEREAS, this Board has considered all testimony given at such Appeal and examined all documents made a part of the record of such Appeal, NOW, THEREFORE, IT IS HEREBY RESOLVED that such Appeal be and the same hereby is in all respects denied. 382 JULY 2, 1985 SUPERVISOR MURPHY: Any questions? [No response.) 34.-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman Cochran. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 35 is a decision on an Unsafe Building hearing held today on the property of Joseph DeChiara. 35. Moved by, Councilman Townsend, seconded by Justice Edwards, WHEREAS, the Building Inspector of the Town of Southold has made a formal inspection of the premises owned by Joseph DeChiara, premises described in a ~ deed dated December 13, 1984 from the County of Suffolk to Joseph DeChiara, 9697, page 277, also referred to as: Suffolk County Tax Map Designation: District 1000, Section '031.00,. Block 07.00,'. Lot 007~.00,'. and thereafter preparect a wrl[[en report thereon and filed-the_same Jn'his~office, and ...................... . .-WHERS-AS~ it.. wa.sl-de-termined .b¥-the-B~ilding-.lnspector that the building or structure '~' on said p_remises i~dan~erou's or i~nsafe '~ public,'an~ -' ' 'WHEREA~, the Building insp~ctor P~'omptly' thei~eafte~ served a notice on the owner or other persons having an interest in.said property, pursuant to the provisions of Chapter' 90 of the Southold Town Code, and WHEREAS, said'notice required that the owner of said'premises demolish and remove ...... the remains of this structurez removal to commence wi[nm ~en (lu). days from the date of the service of said notice and that the same be completed within thirty [30) days t,.bereafter, and WHEREAS, the owners of said~premises has neglected or refused to comply with the provisions of said notice within' the time specified therein, and WHEREAS, a public'hearing on said'matter was held by this'Board on the 2nd day of July~ 1985, NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS: 1.. That based upon the writ[en report prepared by the Building Inspector and filed in his 'office and upon the evidence given by said Building Inspector at the hearing held on July 2, '1985, this~Board does hereby determine that the build- in.g or structure located on said premises is un,safe or dangerous to,. the public: 2./ That this Board does hereby, order that the buildinc~ or structure, locate~' on said premises isin such a dilapidated, condition that the ~ame cannot be repaired and secured and therefore directs and orders that the same be taken down and removed. 3. That it is further determined and ordered that the owners of the buildinq or structure on said premises shall erect a six'foot chain ~ink fence, acceptable and approved by the Building Inspector. within~ 15 days from this 'date, and the owner of the building or structure on .said'premises shall take down or remove the buildinq or structure, on said premises on or before the 2nd day of Auqust, 198'5. 4. In the event that the owners shah neglect or refuse to secure and take down and remove said structure from said premises within the time specified in the preceeding paragraph, then and in that event the Supervisor be and he hereby is authorized and directed to procure estimates for the removal of the building or structure on said premises and submit 'the same to this Board for its consideration as soo~ thereafter as possible. 5. That thereafter this Board shall, based upon/such estimates, provide for the letting of a contract for the taking down and removal of the 'building or structure on said premises. 6. That the cost and expenses of the taking down and removal of the building or structure on said premises shall be collected by the Town of Southold in the manner provided for in Section '90~9 of the Code of the Town of Southold. 7. It is further ordered that a certified copy of this resolution be sent by the Town Clerk to the owner of said premises by registered mail, return receipt requested, within'three days of the date hereof. 35.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, COUNCILMAN STOUTENBURGH: l,m not sure if I read this right. We didn't give them the opportunity to rebuild 'here? SUPERVISOR MURPHY: If he puts the fence up. COUNCILMAN STOUTENBURGH: But it says, "is in'such a dilapidated condition that the same cannot be repaired and secured and therefore directs and orders that the same be taken down and removed. TOWN CLERK TERRY: I thought that was the final decision. COUNCILMAN STOUTENBURGH: I'll have to say no on that, because I wanted to give the man the opportunity to rebuild. TOWN CLERK TERRY: ! understood it was fifteen days to put up the fence and thirty days to take the building down. 36. JULY 2, 1985 SUPERVISOR MURPHY: It.~could be-',"or"?,iwitl~in-thir~y' days. to take the building down. COUNCILMAN TOWNSEND: ! accept that amendment. TOWN CLERK TERRY: l'm sorry, I misUnderstood. COUNCILMAN STOUTENBURGH: I think you could word it,' Judy, "it seems unlikely to be repaired." SUPERVISOR MURPHY: No, just "or;'. (There was. considerable discussion concerning the exact wording concerning the erection of the fence and/or demolition of the building, and the Board decided to table this resolution, discuss it further with the Town Attorney and tt~en :adopt the final resolution.) RESOLUTION TO TABLE RESOLUTION NO. 35: Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that Resolution. No. 35 (decision on the Unsafe BUildinq Hearing of Joseph .DeChiara) be tabled for further discussion. Vote of the -[own Board: Ayes: Councilwoman. Cochran, Councilman Schondebare, Councilman Stoutenburgh, :Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPER¥1SOR MURPHY: .Number 36 is a resolution to support the conditional opening of Arshamomaque Pond and MattitUck Creek~ Moved by Councilman Stoutenbur§h~ seconded by. CouncilWoman Cochra.n, .it was RESOLVED that the Town Board of the Town of Southold hereby goes On record s.u..p, portin9 the grantin9 of a co,nditi0nal-shellfish permit 'for Arshamomaque Pond and Mattituck Creek based on recent bacteriological test results submitted to the New York State Department of Environmental Conservation by the Suffolk County Department of Health Services, and said resolution be forwarded to James Redman, New York DEC advising him the Town is'in the process of correcting runoff conditions int he area in light of the recent findings. 36.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Number 37 is'the decision on a prOposed Local Law to amend the Code in relation to dwelling unit density. COUNCILMAN SCHONDEBARE: ! want some time to think about it. SUPERVISOR MURPHY: Would you like to hold this? COUNCILMAN SCHONDEBARE: I would. COUNCILWOMAN COCHRAN: Yes. (Resolution No. 37 - proposed enactment of Local Law to amend the Zoning Code in relation to dwelling unit Density to be held for a decision at-the July 16th Regular Meeting.) SUPERVISOR MURPHY: Bob (Town Attorney Tasker), on the decision on the Unsafe Building, some Board members feel that they would like it taken down all together within thirty days, others would like to say that they would like to be able to fence it in in fifteen days to' make it safe, but have a period of time where the man has to rebuild the structure to make it safe, how can you word that? TOWN ATTORNEY TASKER: What you want to do is--everybody's agreed that within fifteen days it should be fenced--- COUNCILMAN SCHONDEBARE: True. TOWN ATTORNEY TASKER: And everybody's agreed that it should be taken down. SUPERVISOR MURPHY: No. COUNCILMAN STOUTENBURGH: No. Some feel that it 'could be rehabilitated as this telpehone conversation has been.just this day with the man who said he would like to do it. COUNCILMAN SCHONDEBARE: And some of us feel that he's not going to do it and it should be taken down. COUNCILMAN STOUTENBURGH: But he already has committed himself by phone. 384 JULY 2, 1985 SUPERVISOR MURPHY: What would we do? TOWN ATTORNEY TASKER: Well, ·somebody could write the resolution that within fifteen days he completely fence it 'and that within thirty days from today that he remove the building. COUNCILMAN SCHONDEBARE: We'll see if'that flys. If that passes then ! don't have to worry about the rest of it. If'that fails I'll' make a motion that he's got fifteen days to fence it and after that he's got thirty days to demolish it. COUNCILMAN STOUTENBURGH: May I ask Bob .this question: By commitment on the telephone that he wanted to go ahead and save a part of this. and if we go ahead and force him to take it~down. or take it down for him, couldn't he come and sue u,s with the idea that he had already committed himself and we took down something he said he was goi,-,9 to go ..... ~ .... TOWN ATTORNEY TASKER: Well, I really think that the statute talks in terms of rehabilitate or make safe, so that the statute that you're functioning under envisions that the property owner really has two options. He can make it safe or he can take it ·down. SUPERVISOR MURPHY: And he Could make it safe by putting a fence up and securing the property, sufficient fence. COUNCILMAN SCHONDEBARE: You're assuming the fence is going to keep the kids out. TOWN ATTORNEY TASKER: I don't know if that's going to be forever, the way you people are talking about the whole side is off-and everything. SUPERVISOR MURPHY: But that would constitUte making it safe, by putting a fence · around and if he doesn't maintain· it then you'd have to have another hearing. COUNCILMAN STOUTENBURGH: Then couldn't you demand that he start work on it within a reasonable time? TOWN ATTORNEY TASKER: If you fix the time parameters, yes. Or either for fencing within a certain time and thereafter within so many days from today, that within fifteen days he fence and that within thirty days he either makes the premise:~ safe or demolish. COUNCILMAN STOUTENBURGH: .Then if he doesn't,, then I'm all for demolishing it, but we're giving him the opportunity. COUNCILMAN TOWNSEND: We give him thirty days after the fence is in to either make the building safe or to demolish the building, to begin'the demolition. COUNCILMAN STOUTENBURGH: Right, I'm for that. COUNCILMAN SCHONDEBARE: Let's say he doesn't do it and thirty days are up and we're sitting here. Are you going to say that after the thirty days we demolish it tomorrow morning,, or are you going to give him another period of time? COUNCILMAN STOUTENBURGH: · Nope, nope, that's it. SUPERVISOR MURPHY: But if he wants to he can make it safe by putting a fence around it, and I don't think we have anything to say about how fast he has to make, as long as he maintains his fence. COUNCILMAN TOWNSEND: Want me to give a crack at the resolution? TOWN ATTORNEY TASKER: To repair or remove is what the Code says. COUNCILMAN SCHONDEBARE: COUNCILMAN STOUTENBURGH: COUNCILMAN SCHONDEBARE: have to do about repair? Repair or remove the building? Repair to make safe. You can't repair that building. What's the fence COUNCILMAN TOWNSEND: Well, we had testimony that said it could be done at a cost greater than it would cost to build a new building. COUNCILMAN STOUTENBURGH: That's right, and if he likes the design he might--- TOWN ATTORNEY TASKER: As ! mentioned this morning, your Building Inspector really should--in this notice that he. sends, should specify what has to be done if he's going to repair it, so that when you make your final order, you make it consistent with the Building Inspector's recommenations as to what has to be done to make the building safe. JULY 2 , 1985 35. COUNCILMAN TOWNSEND:~ May -I~ make~the -resolution~now? Moved by Councilman Townsend, seconded by-Justice Edwards, .......... WHEREAS, the Building Inspector of the Town of Southold has' made a formal inspection of the prem,ses ownecl by Josep6'" I~'eChiara, premises described in a d'eed dated December 13, '198~ trom the. County of Suffolk to Joseph 'DeChiara, recorded in the Suffolk County Clerk's .Office. on December 18,::1984, in'Liber 9697, page 277, also referred to as: Suffolk County Tax Map Designation: District 1000, Section 031.00,. Block 07.00,'. Lot' 007;.00,~ and thereafter prepared a written report thereon and filed the same in'his office, and WHEREAS, it was determined by the Buildinq Inspector that the building or structure on said'premises is dan.qerous or unsafe to ~he public, and WHEREAS, the Building inspector promptly thereafter served a notice on the owner or other persons having an interest in' said' property, pursuant to the provisions of WHEREAS, said'notice required that the owner of said'premises demolish and remove_ the remains of this:structure, removal to commence within ten (10)~ days from the date of the service of said notice and that the same be completed within' thirty (30) days thereafter,, and WHEREAS, the owners, of said premises has neglected or refused to comply with the provisions of said notice within the time specified therein, and WHEREAS, a public'hearing on said'matter was held by this'Board on the 2nd day of July, 1985, . NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS: 1.. That based upon the written report prepared by the Building inspector and filed in his 'office and upon the evidence given by said Building Inspector at the hearing held on 'July 2,' '1985;' this :Board does hereby determine that the build- ing or structure located on said'premises is unsafe or danqerous to the public; 2.. That this 'Board does hereby determine and order that the owners of the buildinq or structure on said premises shall erect a six [6) foot.hiqh chain'iink fence': around the immediate area of the buildinq~ acceptable and approved by the BuildinU Inspector, within fifteen (15) days from this date, and the owners of the building o, structure on said premises shall make safe, to the approval of the BuildinQ inspector, or remove the buildinq or structure on said' premises on or before the 2nd-day of August, 1985. 3. In' the event that the owners shall neglect or refuse to fence and secure or take' down and remove said'structure from said'premises within the time specified in the preceeding paragraph, then and in that event the Supervisor be and he here- by is 'authorized and directed to procure estimates for the removal of the building or structure, on said premises and submit the same to this Board for its consideration as soon thereafter as possible. 4. That thereafter this'Board Sh~all, based upon such estimate, provide for the letting of a contract for the taking down and removal of the building or structure on said premises. 5. That the cost and expenses of the taking down and removal of the building or structure on said premises shall be collected by the Town of Southoid in the manner provided for in Section 90;9 of the Code of the Town of Southold. : 6. It is further ordered that a certified copy of this resolution be sent by-the Town Clerk to the owner of said' premises by registered mail, return receipt requested, within' three days of the date hereof. SUPERVISOR MURPHY: Any other 'questions? .(No response.) 35.i-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend. No: Councilman Schondebare, Supervisor M ur phy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of our prepared and added-to agenda. Is there any member of the Town Board would like to have anything further to say? Judge Edwards? (No, thank you, Frank.) Jean? .(No, thank you.) Paul? (No.) Joe? (We've all said:enough.) Jay? COUNCILMAN SCHONDEBARE: Yes, before we all go, could the members of the _Code Committee give me some dates as to when they can meet? We have to do SEQR and something else, for which i Can't even think What it is now. And the Police Committee's got to meet also, so please give' me some dates on that also. SUPERVISOR MURPHY: Okay, I would like to ask anyone in the audience if they would like to have any comments to the Town Board.* Jay? JOHN BREDEMEYER, Southold Town Trustee: I worked with the Town Board today in developing a resolution to open both Arshamomaque Pond in Southold and Mattituck Creek for conditional shellfishing by the DEC, and as it has developed, I was instrument. in getting t~e support of the Trustees and the Town Board for getting additional bacterial testing done on these creeks by the County Health Department, and I just wanted to be available if there are any other questions and also there were two points that I neglected to bring up to the Town Board this afteroon that I felt were important 586 JULY 2, 1985 and they should be aware of. The DEC did provide additiOnal testin9 for quality control on their testing and these quality control tests did prove out that everything that they did say they were looking at was, in fact, there and some of the questions which arose during 1983 and 84's data, which suggested that although there was some problems there--because in Arshamomaque Creek these results are so astronomical as to defy everyone's belief, lookin9 at this relatively what you think is pristine creek and havin9 very high bacterial rates, so Mr. Redman's group did provide quality testin~c and I checked it against the standard methods of the Environmental Protection Adminis- tration and these things are ali fairly standard and proved out, so that does add an additional consistency to his data [tape defect) . Also, with respect to these source of studies and .things sometimes I have heard say that, gee, where's your constituency, we don't hear talk about this. I have within the last two to three weeks to a month had about four people contact me, separate individuals, not communicating amongst themselves, but individually and singularly come to me and. voice their concerns ove~ Mattituck Inlet Creek, why we can't shellfish, we're residents, we'd like to know wht ~s going on, some are residents some are commercial watermen, so I felt it's approprJat~,~-j that the Board knows that als° and 1'11 provide those n:ames of those people. I have suggested to those people that you're the one to talk with them, either singularly or in groups and I have tried to share some of my thoughts with them and other agencies they can be in touch with. COUNCILMAN STOUTENBURGH: Jay, right there, I think perhaps maybe it might be worthy if you could get a little summary of reason why these have been closed and what we're doing to try to correct it so that that could be here, so when people come in for "why can't I shellfish here", we Would be able to hand them this and it would be a capsule kind of thing. Would that be possible? TRUSTEE BREDEMEYER: Sure. COUNCILMAN STOUTENBURGH: It might be a worthwhile idea that we could copy very easily. TRUSTEE BREDEMEYER: Definitely. And then the other thing is that I!11 prepare a list of, possible people to thank on the bacteriological work the Health Department lab, that really went overboard, the Bacteriologist did a lot of worki there.. We used the media-which hasn't been used before, as i far as I know, in New York State, ar~l it did help us develop some of the answers as to these creeks; I would very much hop~ that, as I mentioned earlier, if there is ~a hiatus in' bacteriological testin in' the 'cold~-~ winter months that if the Town could secure additional assistance from the Count~/ H~ Department, I'd be willing to work in the same capacit~ and zero in, ossibl P Y branches of Mattituck Creek like we have on Arshamomaque Pond, and given the fact that we now have, more or less, a God-given gift' of Iow overall rainfall that reduce bacterial counts, I think it's our obligation as men and women to work now to make these 'improvements on the drainage so that we needn't rely on providence the next time to reduce the ~unts, hopefully we will'be able to open these creeks. SUPERVISOR MURPHY: Thank'you, Jay. Is there anyone else would like to address the Town Board at this time? Sir? MR. FRANK TARULLi: Mr. Chairman, my name's Frank Tarulli, I'm President of the East End Livestock and Horsemen's Association and ! notice on resolutions that we have a public hearing set for July 16th at 3:35 P.M. I'm a little disappointed, I don't think we. can get everybody out at 3:35, but as you all know, we've held ' meetings with the Code Committee on the regulation of horses and I'm sure at the public hearing we'll be able to substantiate what we feel is within reason as far as the taxpayers and the Association. I am a little now confused as far as Resolution 12. Mr. Townsend, I'm sorry, I didn't hear your comment as to the environmental assessment on the proposal of a Local Law to provide for the regulation of Horses. I was wondering if that is your notes, or is that-~:can I have a copy of that? TOWN CLERK TERRY: Certainly, Iql give you a copy of that. COUNCILMAN TOWNSEND: That's a form resolution and it accompanies every action that affects zoning that's subject to the SEQ'R Law. If you notice, we had one of those resolutions on buying a chipper and new highway specs and buying a backhoe, I mean it's something you really have to--- MR. TARULLI: The reason I bring it up is in all the meeting we've had, discussions we've had, I'.ve never heard of it and now all of a sudden I see it and I'm just concernec that if 'we're going to 'implement something or do something that pertains to another issue, but to the same issue, then i feel we should be made aware of it so that we can comment on it. JUSTICE EDWARDS: Here is a copy of the resolution. MR. TARULLI: Thank you, Mr. Chairman. SUPERVISOR MURPHY: You're welcome. Is there anyone else would like to address the Town Board at this time? JULY 2, 1985 38 MRS. MARGARET SKABRY, 390 Hen~y,'s hane~ Peconic: I'm here again about the Airport Study. Mr. BeaCh stated '~h'~'~hi~'part ~f the Airport Study is completed, the Airport Advisory Committee should report to the Town Board. There should also be a public meeting he~d in order to gather or hear from the public~ It was also stated that the public meeting is more than a meeting held in,public or in a public place. public meeting should be widely advertised, well in'advance, in an effort to allow interested ~arties to attend. If the Board should even consider continuing the study ~ Wish. to make the following request: (1) Hold a well-advertised public meeting in the evening, not like 11:00~ 3:35~ 3:40, whatever. The ~econd request is that you hold it in a large building to allow the majority of the residents or Southold Town taxpayers to attend the evening meeting. And tHird~ i~please no more 9:00 to 5:00 meetings during the week. That's it. Thank you. SUPERVISOR MURPHY: Is there anyone else in-the audience would like to address the MRS. KATHLEEN GRASECK: I'd like to request that the proposed local ordinance addressing horses also be held in the evening as a lot of interested parties would like to attend the meeting and won't be able to at a 3:30 meeting. Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the Town Board? Dave? MR. DAVID SPOHN: Pm.on the Technical Advisory Committee and the Town Contact. In reference to meetings, I think it should be very easy'to schedule meetings in the evening any time they desire and if they wish to give.information or get information I'm always available. But I would like to add that Technical Advisory Committee meetings do happen in the daytime. Public 'meetings could happen in the evening, but you can't restrict the Advisory Committee meetings to the evening. That's the only. comment. SUPERVISOR MURPHY: Thank you, sir.' Is there anyone else would like to make a comment? MRS. SKABRY: I was addressing my Town Board about the Town Board beinq present at these public meetings. ! was not interested in speaking to anybody who might be part of the AdvisOry Committee. I realize' that they hold their public meetings in public meetings on rather short notice and I have not bothered to attend. I am addressing my Town Board. I also request when this'~eeting takes place that each member of my Town Board please do attend. Thank you. SUPERVISOR MURPHY: Thank you. Is there, anyone else at this'time? (No response.) Seeing that there is no further business I would like to make ~ust one comment. I'm very sorry to see that the majority of the Town Board reversed a position we had and changed the zone on a piece of property in Cutchogue. I think we're doing the exact thing that happened in Mattituck and I hope it just doesn't just keep going down the Main Road and ruining and Southold. At this time i'd like to entertain a motion to adourn. COUNCILMAN SCHONDEBARE: Just. a minute, Mr. Supervisor. If you wanted to make those comments, then you should have done it at the time when the motion was brought ~p and seconded and that's the appropriate time to discuss it. To try to sneak it in at the end of the meeting and then move to adjourn it, I feel is somewhat beneath the dignitY of your office, sir. COUNCILWOMAN. COCHRAN: I agree. COUNCILMAN SCHONDEBARE: I have our reasons for doing so. It was talked about at the Work Session, we wanted to square off the piece of property as we squared off the Kaelin's .piece of property on Cox's Lane. We discussed it. We had a difference of opinion, and frankly, as I say, I think it'~ beneath the office for you, at this late stage~ to try and sneak it in at the end of these minutes. SUPERVISOR MURPHY: I don't think it's sneaking anything in. I think it's a comment that everybody was allowed to make any comments they would like. If somebody would like to comment further, you are welcome to do that. COUNCILMAN SCHONDEBARE: At the tim~ when the motion is made and seconded. SUPERVISOR MURPHY: You are welcome to comment now. Is there anyone on tt~e Town Board would like to comment any further? COUNCILWOMAN COCHR^N: I would agree with Jay. Our reasoning was that we did give this courtesy to Mr. Kaelin on property in Cutchogue and we're gi~ing the same courtesy to a man that's been in business a long time, that runs a good business, a service to the community, that we are also giving him this same consideration without considering his 'affiliations. JUSTICE EDWARDS: I will second that~comment. SUPERVISOR MURPHY: Anyone else like to comment? COUNCILMAN TOWNSEND: Sure. I know that there are people who would like to make political or 'imply there are political considerations in this in that one of the individuals applying for the change is a prominent Republican, however, that in this case, while it does' make it a difficult decision becaus~ of that, the applicant deserves the Chang~ of Zone, in that he's surrounded now--he's surrounded on two sides and the back and side and across the street by commercial zoning. The property was significantly different from the other people's property who were denied a Change of Zone, for' me to grant the request, which I deemed to be reasonable. SUPERVISOR MURPHY: Are there any other comments? COUNCILMAN STOUTENBURGH: Yes, I felt that I iudged the man on what he said.l~ He came in here wl~n ihe idea iha~ he wanted to eniar9~ i~i~ d[qvuway and .... ' ' ~ ..... the reason that he was trying to get a cr, hange of Zone. We told him how it could be done without changing the zone. He does not want to do that and therefore this is why I Voted against it. i think this was a sham in the sense that he said one thing and is asking for something else and I don't think that's the way this should be run. SUPERVISOR MURPHY: Are there any other comments? COUNCILMAN TOWNSEND: Paul, just look at the minutes and ! asked him that question, if he envis°ned using the property for commercial--for an expansion of his business and he, at that point, said that he was not precluding that and that's why he wanted the Change of Zone. COUNCILMAN STOUTENBURGH: No, he said that--the idea that I got when you asked the question would he use it for commercial if 'it was changed, yes, anyone would if it's changed, that's the only thing he could use it for. So I think that's no reason .at all. COUNCILMAN SCHONDEBARE: The minutes speak for themselves. They"re public minutes and anyone can read them and get their own interpretation out of them. COUNCILMAN STOUTENBURGH: Absolutely and my.. interpretation was the way it was. SUPERVISOR MURPHY: Board? (No response.) happy Fourth of July. Are there any other comments from any members of the Tow~ If'not I entertain a motidn to adjourn and I wish everybod,~ COUNCILWOMAN COCHRAN: And a safe one. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 9:55 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. dith T. Terry outhold Town Clerk(,/'