Loading...
HomeMy WebLinkAboutTB-04/05/1988 1- 0 3 SOUTHOLD TOWN BOARD APRIL 5, 1988 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (2:00 P.M.- arrived late due to inclement weather), Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare. 9:15 A.M. - Police Chief Winters met with the Board to discuss the proposed amend- ment to the Alarm Systems Law by deleting Alarm Agent and changing the penalty section. The Chief stated the Alarm Law is working very well, residents are comply- ing and cooperating (see resolution no. 4) . 9:25 A.M. - Community Development Administrator James McMahon met with the Board to discuss the proposed partial 1988 budget for the Seed Clam Program under the NYS-DEC Shellfish Management Grant. Mr. McMahon said it will be necessary to purchase the lumber and hardware shortly for the construction of 15 new clam racks. The Town Clerk will advertise for bids when the specification list is complete (see resolutions no. 5 and 16) . 9:30 A.M. - For Discussion Items: (1) Memorandum from the Office of the Town Attorney concerning the definition of "family". under the Zoning Ordinance. Town Attorney Schondebare and Assistant Town Attorney Berntsson recommend an amend- ment to Section 100-13 to clarify the definition. The board agreed, and a proposed Local Law will be prepared. (2) Memorandum from Town Attorney Schondebare with regard to the purchase of testing equipment for use by Trustee President Bredemeyer, stating the equipment will be owned by the Town. Town Board has no objection to the purchase of this equipment. (3) Application from Account Clerk Barbara Rudder for the vacant position on the Board of Ethics - Board agreed to her appointment (see resolution no. 17) . (4) Application for renewal of a trailer permit by Laurel Greenhouses, Inc. - Board approved (see resolution no. 18) . (5) Application for renewal of trailer permit by Wolf Pit' Nurseries, Inc. - Board approved (see resolution no. 19) . (6) Discussion of the candidates interviewed for the two vacant positions on the Water Advisory Committee. After some discussion, the Board agreed to expand the committee from five to seven (see resolution no. 20) and appoint four new members (see resolutions 21 & 22) . (7) Trailer permit application by Richard and Sophia Greenfield - see 11 :25 A.M. and resolution- no. 23) . (8) Discussion relative to adding the automobile of Beach Manager Robert Muir to the Town's auto liability policy and general liability policy. Since Mr. Muir transports lifeguards and uses his vehicle to travel to the beaches throughout the summer season,, Board agreed to the coverage and amended resolution .no. 2. 10:25 A.M. - David Emilita conducted a sc'Dping session on the.Carr-Wanat change of zone application. John Hart, esq. and associates, Henry Raynor, Richard Carr, -- Sam McLendon and other interested invididuals were present during this session. Mr. Emilita &-xplained that this is to be treated as a second site of a two-sited project, the Norris Estate Subdivision property being the other property in question. Since both applications comprise essentially one project occurring on two sites, a single DEIScovering both sites is appropriate. It was determined that the Planning Board would retain lead agency status with respect to the Norris site, and the Town Board retain lead agency status with respect to the Carr-Wanat site and would address that portion of the DEIS concerning the change of zone site. Once an understanding was reached with respect to the applicant proceeding on a parallel course with the Planning Board and the Town Board, Mr. Emilita commenced the scoping session. 104 APRI L 5, 1988 11 :25 A.M. - Board met with Sophia Greenfield to discuss the location of a temporary house trailer on her property north of Route 48, Peconic, during the construction of her new home. Board agreed (see resolution no. 23) . EXECUTIVE SESSION 12:10 P.M. - Board discussed personnel and litigation. 12:30 P.M. - Recess for lunch. 2:00 P.M. - Audit of vouchers. 2:50 P.M. - Board met with Garrett Strang, Architect, and Royal Gifford of the North Fork Animal Welfare League, Inc. to discuss construction of a Dog Pound Administration building. Mr. Strang will prepare a proposal for his services, and an estimated cost proposal for the building. 3:25 P.M. - Board reviewed the resolutions to be voted on at the 7:30 Regular Meeting. 3:45 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, April 5, 1988 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy called the meeting to order at 7§30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY: The first order of business is a resolution approving the audit of the bills of April 5th, 1988. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED. that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $25,872.98; General Fund Part Town bills in the amount of $12,725.53; Highway Department Whole Town bills in the amount of $11,004.84; Highway Department Part Town bills in the amount of $2,296.67; Fishers Island Ferry District bills in the amount of $6,043.25; Fishers Island Ferry District Agency and Trust bills in the amount of $53.75; Town Agency and Trust bills in the amount of $1,336.85; Nutrition Fund bills in the amount of $7, 111 .72; Adult' Day Care bills in the amount of $30.$2,; Home Aide Program bills in the amour of $163.60; Supplemental Nutrition Assistance Program bills in the amount of $2-,098.s ; Computer Capital Account bills in`--the amount of $2,104.70; Community Development Fund bills in the amount of 7,055.65. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Supervisor Murphy., Abstain: Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution to approve the minutes of-the Town Board meeting of March 22nd, 1988. APRI L 5, 1988 1 0. 5 Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the minutes of,the-March 22, 1988-regular Southold Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for the regular Town Board meeting April 19, 1988, 7:30 P.M. , Southold Town Hall. Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, April 19, 1988, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,' Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: Okay, the first item on the agenda are Reports. These are all on file in the Town Clerk's Office for anyone who would like to look at them. 1 . Affordable Housing Program report - March 17, 1988. 2. Town Clerk's monthly report - March, 1988. 3. Accounting and Finance Report - leave time taken for the month of December, 1987. 4. Recreation Center Usage report - March 7, 1988 - March 27, 1988. 5. Building Department's monthly report - March, 1988. 6. Town Justice Edwards - monthly report - March, 1988. 7. Recreation Department - monthly report - March, 1988. 8. Dog Shelter report March, 1988. 9. Councilmen's reports. At this time I would like to ask the Councilmen if they have anything special to report, starting on my right with Ruth. COUNCILWOMAN OLIVA: Thank you, Frank. On March 23rd I was very privileged to attend the 14th Anniversary luncheon of the Nutrion Program. I think they've done such a wonderful job, and I wish to congratulate Vee McKeighan and her staff for a terrific job well done. On March 28th I attended the Special Brown Water Protection Area Advisory Committee to the Long Island Regional Planning Board. There were presentations given by both Brookhaven Town and Southampton Town on their master plan updates and what they're trying to do to preserve their water- shed area and their open space. Basically they're trying to upzone or have upzoned some areas. Brookhaven is attempting to do some TDR's in their own school district, each separate school district. They hope for outright acquisition if we get that, landbank tax, and clustering. That.evening I attended the Greenport Utility Committee meeting. On March 31st we had the Water Advisory Committee interviews, and I must say we had many very good applicants, and it was very difficult to come to a decision today on who to chose. They were really very good. And also on March 31, Thursday evening, were down at the Peconic Center for the lottery, for the affordable housing, and if you could see how packed that place was. There is such a desperate need here in Southold Town for affordable housing, and the 14 people that were picked, they were practically instunned silence the whole time when their pictures were being taken. They just stood there.. So it was very gratifying to see..that at least we have one program under way, and hopefully we will have more in the future. . Thank you, Frank. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: No, nothing at this time. Thank you. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN : Yes, on March 23rd I also attended the Anniversary of the Nutrition Center. Good food, good &-mpany, and good music. So -we all enjoyed. At 5:00 also on the 2.1rd, at the request of Parents of the Developmentally ~` Disabled, Supervisor Murphy and -myself, Ken Reeves,. Recreation Director, and Lynne Richards, coordinator of the program, met to discuss the program, budgeted funds and obtaining support from the community. I felt it was a productive meeting. On the 28th of March I attended a meeting of the Southold Town Supported Work Project for the Disabled and we're beginning to develop a packet for information to the community, and also worked on guidelines for potential participants in the program. On the 31st I also interviewed the candidates for the Water Advisory Committee. In the evening I attended the Affordable Housing Lottery. As Ruth said, it was gratifying for those that won, but I think I focused more on those that didn't, and it brought home more deeply--we all realize that there certainly is an affordable housing problem--but it brought more closely to home the fact that there were many more that did not have their•,� problem solved, and I have 106 APRIL 5, 1988 rededicated myself to working in this direction. I think it's sorely needed. Last evening I attended a meeting of the 350th Anniversary Committee. Part of the discussion of the evening was their their insurance liability, some of the things that they're planning for Southold's 350th Celebration. Also I would like to report under Parks and Beaches that there will be a walk-through inspection of all our beaches with the Suffolk County Health Department and that is set for Friday, May 13th at 9:00 A.M., and members of the committee should have a notice on that. Also there is a meeting set with the Highway and the Planninq Department for Friday the 7th at 3:30. We will again be discussing roads and minor subdivisions. I think that's it, Frank. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUNCILWOMAN LARSEN : Thank you, Frank. I'm happy to report that I ar,, recovered from bronchitis, as has everyone in my family. We're all finally healthy again. SUPERVISOR MURPHY: Keep your fingers crossed. COUNCILWOMAN LARSEN: Yes, for a while. On Monday, March 28th, I traveled to Kings Point for the EPA designation of the Long Island Sound as a National Estuarine Sanctuary. I had the opportunity to meet with many of our Long Island State Senators, many of our Congressmen from Long Island, and many people from the EPA, Sea Grant, on the problems that we are addressing right now, which is Brown Tide. In 1985 the Federal Government designated 4 million dollars to begin studying the problems associated with pollution in four major estuaries in the United States. Among them were Narragansett Pay in Rhode Island, Fredericks Bay in Massachusetts, the Long Island Sound which abuts New York and Connecticut, and the Puget Sound in Washington, and it was a defacto beginning for the National Estuarine Program addressing pollution* problems related to overuse of a resource and development. In 1986 two additional estuarines were added to it, the Palmelco Sound in North Carolina, and San Francisco Bay. The long term management plans have been outlined in terms of comprehensive 'conservation and estuarine management. I think the two most hard hitting facts that I came away with after listening to many very good speakers, including Fran Flanagan who's involved with Chesapeake Bay since its inception., was that number one, estuarine management is not a short term commitme that we are in it for the long haul. That it's going to take the cooperation of many user groups, including business men.. It's not just an environmental issue. We need commitment from homeowners, from businessmen to realize the value of our resource here in the Peconic/Gardeners Bay system. Also, another thing that hit home very strongly with me is that we have--with very little funds, or no fund- ing, on a regional approach through the Peconic Bay Task Force, addressed many of the problems with the resources that we have available as far as technical expertise and citizen input--many of the problems that we've spent millions of dollars on the federal level addressing as far. as toxic contaminants, hypoxia, and fish and shellfish resource, so I think we in our area are very fortunate that we have the commitment among citizenry and the government officials to start working on a regional approach to solve the problems plaguing the Peconic. On Tuesday the 29th I traveled by invitation to Shelter Island to speak with the Baymen's Association there, which was attended by 25 people--I don't know if they were all necessarily businessmen. They were specifically interested in how Southold has handled the documentation of our road run-off problems.- We're really in the forefront of many of the East End towns with the information that we have on hand as far as non-point source pollution sources in the Town, and the Town Board has made a very good commitment, along with the Highway Department, on solving these problems and addressing them. On Wednesday the 30th Ruth and I held office hours, and again I have to add that they have been very productive. I think the citizens that have come in to speak with us--we've had a wonderful response from the Town Attorney and from any Town Board members in solving problems and getting answers back to constituency, so don't ever let 'it be said that you can't come to any of your Town Board members and speak with them and get answers, because our office hours are proof that you can. OA Thursday the 31st I did participate with Jean, Ruth and George in interviewing the Water Advisory candidates. I think we interviewed ten people, all with very good credentials, and I think we arrived at a really good concensus of the Town Board as far as filling-these vacancies. At 7:30 that evening on the 31 st the Affordable Housing Lottery -was held. Again, looking out at the packed Peconic Civic Center, seeing familiar faces of people you grew up with, people who have hung in Southold Town for the long run, who are still working here, still living here, haven't moved away, I don't see how anybody could not be in favor of affordable housing for Southold Town. These are people that have their roots here, that contribute to the community, and with Jean I'm looking "forward to working with Jean on the Affordable Housing Committee. I know Jean's extremely dedicated to it, and hopefully that will only be the beginning for us. Thank you. SUPERVISOR MURPHY: Thank you, Ellen. Judge Edwards. APRIL 5, 1988 1.0 JUSTICE EDWARDS: Thank you, Frank. On the 23rd of .March in the morning picked up the Motor Vehicle camera in Riverhead to take back to Fishers Island, and luckily enough it will fit in a small plane so I could fly it back. I also attended the Nutrition Center luncheon. down there which was very, very enjoyable. Over_ this past weekend, Saturday, there was a Board of Directors meeting of the Civic Association and we brought up our Walsh Park Association over there for affordable housing. We have 20 applications for 12 houses over there, so we're not as bad off as Greenport. Whether or not we'll have to go to a lottery we won't know until the final stages. During the weekend, Saturday, Sunday and Monday, I took 30 photographs over there for Drivers Licenses on the Island. Easter Sunday also. Of course it's a holiday weekend and a lot of the kids are home from school and for some of the New England colleges it's almost impossible for them to get down to White Plains, let alone get out here to Riverhead. And then I had a few late yesterday afternoon to take•care of, and-of course with; the •fog--this morning I couldn't fly over and I had to driver over from. New London to Orient, and I missed the Board session this morning. Needless to say that's why I reneged on the audit of the bills, in fact inasmuch as I didn't have my hands on them. And I want -to thank Ellen for the EPA handout that she got at Kings Point, even though it has Ruth's name on it, I still got it and I will enjoy it. And I guess that's it. .Thank you,,, Frank. SUPERVISOR MURPHY: Thank you, Judge. I guarantee you we won't make a mistake on who Ruth is and who you are. Okay. I'd just like to add a little on the Nutrition Program. Our County Executive came out and I could tell you he was most impressed with what Southold has to offer. I think we have one of the finest Nutrition Programs in the whole County, and I would even go as far as the State on the areas of service that we've been managing to do, and it really is a fantastic program, and I can't say enough thanks for our Director Vee McKeighan, and the many volunteers, the senior clubs, the seniors who support and help Vee in her work. I was honored today at a luncheon by the East End Senior's Council, and as all the East End Supervisors were,-.and -it really is fantastic the amount of work that these people donate to the Town on helping people who maybe for whatever reason cannot help themselves, and they volunteer in many, many aspects, and it really is fantastic, and it's a very good tie-in, and I think it speaks very well for the people of Southold Town. I also attended the housing lottery and it was fantastic. Yes, government has to get involved. Southold Town has been involved over the years, and I think we're doing pretty well on a local level. This is an issue that really has to go up to the state and the national level, and I do think we're starting to see some movement and funds coming down on programs, innovative programs, and this is the only way it's going to happen. We all--all of us older people all participated in--after World War 11, and the big war in Korea-- we participated in various government programs that really developed. suburbia. The G. 1. Mortgage, and government has to participate, and so I'm very glad to ., see--this is only the beginning, and I'm very happy that we were able to have this lottery and that there are 14 young families that are very pleased. Too bad it can't be more, but there will be more. I would just also like to comment--our Congressman was out here a week and a half ago to have a public informational meeting to listen to the people, and I came to introduce him, and this place was packed. Again, this is good for the Town, people coming out .and telling us what they want, and telling our State, our Federal officials exactly what' they want, and that these officials are available. I think this is fantastic. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to Item II on the agenda, Public Notices. There's ten of them. These are all placed on the Town Clerk's Bulletin Board. 1 . New York State Department of Environmental Conservation public notice that the DEC is reviewing the application of Mr. G. C. Matthiessen, Fishers Island, to obtain an Off-Bottom Culture of Shellfish Permit, including a Temporary Marine Area Use Assignment, which will allow the placement and maintenance of up to 1,000 plastic mesh bags deployed in a long line manner in the waters of West Harbor. Public comments to the DEC by April 22, 1988. 2.- Dimension Cable Services notice of;za, Low Income Senior Citizens' Cable. TV Discount. ' This is a new application on how low income seniors can apply for �. a discount on cable TV. 3. U. S. Army Corps of Engineers public notice 'of application of Matt-A-Mar Marina for a pier extension at Mattituck Creek. Comments by April 18, 1988. 4. Senior Action Mobile locations in Southold Town. We're looking for other locations. If anybody has any other locations they feel that this man should go to, all we have to do is call the office and they will be coming. 5. From Sheriff Eugene T. Dooley that the Monsanto Agricultural 'Company through the Research Triangle Institute will be undertaking water samples for testing throughout the Suffolk County. This is to test for contamination from pesticides and lead in private wells. Don't be afraid, but make sure you know their credentials if someone is knocking on. your door. 6. New York State Department of Environmental Conservation transmitting a copy of the most recent Annual Report of Inactive Hazardous Waste Disposal Sites in NewYork State, and a description for each within NYS-DEC Region I . 108 APRIL 5, 1988 7. New York Sta to Department of Transportation Notice of Order establishing a "No Stopping-Anytime" restriction on the south side of Route 25, from 50 ft. west of to 15 ft. east of the driveway of the Mattituck Free Library. 8. New York State Department of Environmental Conservation Notice of Complete Application of the Suffolk County Water Authority seeking approval to acquire the water supply system of the Captain Kidd Water Company and to extend the service are of the SCWA's Westhampton District to include the area presently served by this Company. The Captain Kidd Water Co., located at North Mattituck, Town of Southold will be operated independently since it is too far from the SCWA's existing distribution system. I would like to comment that I appeared before the County Legislature last Tuesday on the 1 /4 cent sales tax extension, but also spoke on behalf of the approval of the sale of the Captain Kidd Water Company to the SuffoI County Water Authority, authorizing them to do it. It was passed that day and so a real problem for an awful lot of people finally has been solved. . Comments by 4 88. 9. New York State Department of Environmental Conservation Notice of Comp e e Application of Wolf Pit Associates c/o David J. Saland to subdivide a 65.4 acre parcel near Long Creek into thirteen five acre lots. Two of the proposed lots contain tidal wetlands. Both of these lots meet all setback requirements in Tidal Wetlands Land Use Regulations and include permanent naturally vegetated buffer areas between the wetlands and building envelopes. An access road is planned for lots 9-13. Project site" is on the west side of Mill Lane in Mattituck, between Middle Road and Mill Road. Comments to the DEC by April 15, 1988. 10. Southold Town Highway Department notice of Clean-Up Week. April 25th - Orient Point to Truman's Beach, April 26th - Truman's Beach to Moore's Lane, Greenport, April 27th - Moore's Lane to South Harbor Road, Southold, April 28th - South Harbor Lane to New Suffolk. and Nassau Point to Alvah's Lane, Cutchogue, April 29th - Alvah's Lane to Mattituck to Laurel Lane, Laurel. So, if you have any problems, any questions on what they'll pick up, call the Highway Department. This is a very important part. We feel it's very important that we are trying to get the streets cleaned up, and if everybody did their little bit along the highways; we have a group of the honor students in the three local schools who are volunteer- ing, and hopefully we'll have a program of going around and organizing a group to pick up the litter on the sides of roads. Coming into the spring season, let's get our town looking as nice as we can. Ill. COMMUNICATIONS. SUPERVISOR MURPHY: There is one communication, and it's a letter from Richard Ryan, the Regional Supervisor, New York State Department of Environmental Conse� .iol and is an answer to a lot of people's concerns in Orient, mainly, on the possible acquisitions of wetlands, and doing the appraisals down there. He makes sense, and hopefully this will answer a lot of questions for people, and this is how they would like to move on it. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: We have three public hearings scheduled for 8:00 o'clock, so we'll move on to item V, Resolutions. V. RESOLUTIONS. SUPERVISOR MURPHY: I would. just like. to restate the Town Board's policy. If anyone would like to address the Town Board on any of the proposed resolutions you may do so now. If you would like to address the Town Board on any other matter, .we ask that you hold it until after the resolutions .are finished, and at the end of the meeting, and the Town Board will stay as long as anyone wants, to listen to any comments you have on any subject. Again we ask your to limit . your comments to any of the proposed resolutions at this time. Would anyone like to address the Town Board on any of the proposed resolutions? Over here on my left? (No response.) Middle? (No response.) Over on the right? (No response.) Hearing none, we'll move on to the first resolution, and it's a trailer permit renewal. 1 .-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the application of Sophie T. Saunders for renewal of her single family house trailer permit, for trailer located on the north side of Main Road, Laurel, New York, which permit expires on April 7, 1988, be and hereby is granted for a six (6) month period. I .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 2 is to appoint a Beach Manager. APRIL 5, 1988 109 2.-Moved by Councilwoman _Cochran,. seco.nd.ed,.,by _Counci.lman Penny, it was RESOLVED that the Town Board of the Town" of Southold hereby appoints Robert Muir to the position of Beach Manager for the 1988 summer season, at a salary of $3,967.43 for the season; and be it further RESOLVED that whereas Mr. Muir uses his personal vehicle in the course of his duties that his vehicle be added to the Town's automobile policy and general liability policy. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to appoint a Beach Attendant for the 1988 season. 3.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the. Town of Southold hereby appoints Jack Lake as a Beach Attendant for the 1988 season, at a salary of $5.46 per hour. 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to approve the enactment of Local Law No. 6, which is a "Local Law in relation to the Regulation and Control of Alarm Systems". I offer that resolution. 4.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 6 - 1988 was introduced at a meeting of this Board held on the 8th day o March, 1988; and WHEREAS, a public hearing was held thereon. by this Board on the 22nd day of. March, 1988,' at which time all interested persons were given an opportunity to be . heard thereon; now, therefore, be it RESOLVED that Local Law No. 6 - 1988 be enacted as follows: LOCAL LAW NO. 6-- 1988 A Local Law in relation to the Regulation and Control of Alarm Systems BE IT ENACTED 'by the Town Board of the Town of Southold as follows: Chapter 24 (Alarm Systems) of the Code of the Town of Southold is amended as follows: 1 . Section 24-2 is amended by deleting the term. "ALARM AGENT" and its definition. Section 2.4-3 (A) is amended by deleting the word "person". Section 24-3 (B) (2) is deleted. Section 24-3 (C) (3) is deleted. Section 24-4 (B) is deleted. Section 24-6 is amended by deleting the term "alarm agent" 'from the third sentence. Section• 24-10 is amended to read as follows: Any person, firm or corporation who does not pay any charge or fee established in this chapter shall be subject to a fine not in excess of two hundred fifty dollars ($250.00) for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed, a-nd such violation shall be construed as a violation against this Chapter. II . This. Local Law shall take effect upon its filing with the Secretary of State. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, .Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is .to accept the DEC Management Grant. 5.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED 'that the Town Board of the Town of Southold hereby accepts the New York State Department of Environmental Conservation Shellfish Manage nent Grant in the amount of $59,150.00, and hereby authorizes Supervisor Francis J. Murphy to execute the.,Municipal Assistance Contract:Jor the period. June 1, 1988 through December' 31, 1988 'with respect to said Shellfish Management Grant. :5.-Vote. of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, -Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And- Number 6 is to authorize the attendance at a conference. 6.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby -authorizes Town Board members to attend the 18th Annual BioCycle National Conference to be held on May 13, 19, .20, 1988 at Philadelphia, Pennsylvania, and the necessary expenses for travel, meals, lodging and $275.00 registration fee for each registrant shall be a legal. charge against the Town of Southold. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. Thic rocn���tinr. .u�c rinrlovoil .Jrl.r Afl(1DTCfl 0 APRIL 5, 1988 SUPERVISOR MURPHY: And Number 7 is to appoint Frances Waloski as a Traffic Warden and as a School Crossing Guard. I offer that resolution. 7.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Frances Waloski as a Traffic Warden, at a salary of $6.50 per hour, and as a School Crossing Guard, for the Mattituck School crossing, at a salary of $18.00 per day, effective immediately. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to reaffirm the acceptance of a bid. 8.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby reaffirms the accept- ance of the bid of Tryac Truck E Equipment Co. , Inc. for supplying the Town with one (1) 1979 Mack model DM 685 SM Quarry Truck, all in accordance with the bid specifications, at a total cost of $33,980.00; said truck to be purchased with Community Development Year 12 funds. B.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is to request a New York State Department of Transportation to conduct traffic surveys. I offer that resolution. 9.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Transportation to conduct the following traffid studies to determine the need for traffic lights: 1 . Main Road (Route 25), Cutchogue, in the vicinity of the King Kullen Shopping Center. 2. Main Road (Route 25) and Boisseau Avenue and Hobart Road, Southold. 3. ` Main Road (Rotue 25) , Mattituck, from Bay Avenue to Factory Avenue, in the vicinity of the Mattituck Shopping Center. 9.-Vote of .the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 10 is to renew another trailer permit. 10.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was , RESOLVED that the application of George A. McCarthy for renewal of his single family house trailer permit, for trailer located on private road (1900 Any Street), off of the south side of Main Road, Laurel, New York, be and hereby is granted for a six (6) month period. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: You might have noticed the unique name of the road. The man who lives there is the only resident on the street and was instrumental in calling it that - Any Street. And Number 11 is another trailer permit renewal. 11 .-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the application of Ange and Barbara Boursiquot for renewal of their single family trailer permit,for trailer located on private road, off of the north side of Main Road, Mattituck, New York, be and hereby is granted for a six (6) month Period. 11 .-Vote of the jown Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. -- SUPERVISOR MURPHY: And Number 12 is to authorize a purchase. 12.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Recreation Supervisor Kenneth Reeves to purchase the 1988 bulk order of sports equipment in the amount of $3,238.90; said charge to be made to A7320.4 - Joint Youth, and A7151 .4 - Sports Program. 12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man.fPenny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to execute an agreement for the Elderly Home Aide Program. I offer that resolution. APRIL 5, 1988 111 13.-Moved by Supervisor Murphy,, Counpi,lyyqmpn Cochran, it was RESOLVED that the Town Board of the T Town ,of I S I bu I th'o.Id hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the County of Suffolk, Human Services Division, Office .for the Aging and the town of Southold for the Town's operation of a Community Services for the 'Elderly Home Aide Program, effective April 1 , 1988 through March 31, 1989, at a cost of $21,652.00 for the program; subject to the approval of Town Attorney Schondebare. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly.ADOPTED. SUPERVISOR MURPHY: And Number 14 is to appoint a Treasurer. 14.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Raymond W. Terry, Jr. as Treasurer of the 350th Anniversary Celebration Committee, effective immediately. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 15 is to amend a prior resolution. 15.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town , Board of the Town of Southold hereby amends their Resolution No. 7, adopted on February 23, 1988, authorizing Senior Building Inspector Curtis Horton and Building Inspector Thomas Fisher to attend the Annual Building Officials Educational Conference, by replacing Thomas Fisher with 'Building Inspector Gary Fish. 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice,, Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, at this time it's 8:00 o'clock, so I would like to ask for a resolution to recess our regular meeting to hold the scheduled public hearing's . at this time. I offer that resolution. Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding three public hearings: 8:00 P.M. - on the change of zone petition of Pudge Corp- oration/James L. Gray, Sr. ; 8:05 P.M. - on the change of zone.petition of Richard W. Corazzini; 8:10 P.M. on a proposed "Local Law in relation to Taxation.". Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,. Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Regular Meeting reconvened at 8:12 P.M. SUPERVISOR MURPHY: I will reopen our regular Town Board meeting, moving on to Resolution No. .16 to advertise for bids. 16.-Moved by Councilwoman Oliva, seconded by Councilman Penny, 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 lumber and hardware for the construction of 15 seed clam racks. 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny.' Councilwoman Cochran, Justice Edwards, Supervisor Murphy.- This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 17 is to appoint a member to the Southold Town Board of Ethics. 17.-Moved. by Councilwoman Larsen, seconded by Councilwoman Cochran, -it was RESOLVED thait the Town Board of the Tow'-Wof Southold hereby appoints Barbdra Rudder, Account Clerk for the TqWn of Southold, a member of the Southold Town Board of Ethics, effective immediately, she to. serve in. said position without compensation. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 18 is a trailer permit renewal. 18.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the application of Laurel Greenhouses, Inc. for renewal of their watchman trailer permit, for trailer located at Kirkup Lane, Mattituck, New York, be and hereby is granted for a six (6) month peridd. 112 APRIL 5, 1988 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is another trailer permit renewal. 19.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the applications of Richard T. Girards, Wolf Pit Nurseries, Inc. (formerly Newbridge Plants, Inc.) for renewal of two (2) trailer permits - office and employee break area trailer, and office trailer, both located at 6900 Wickham Avenue, Mattituck, be and hereby are granted for a six (6) month period. 19.-Vote of the Town Board:. Ayes: Councilwoman Larsen, Councilwoman Oliva, Council man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. . SUPERVISOR MURPHY: And Number 20 is to amend a prior resolution. 20.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby amends the Southold Town Board resolution adopted on March 22, 1983 forming the Water Advisory Committee by increasing the number of members from five (5) to seven (7) . 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to appoint two members. 21 .-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints William M. Gremler, Sr, and Martin H. Sidor as members of the Southold Town Water Advisory Committee, effective April 5, 1988 through July 3, 1988, they to serve in said positions without compensation. SUPERVISOR MURPHY: I might just add at this time just to clarify the appointment dates, .the terms of the prior members expire on July 3rd, 1988, and they will then be reappointed for a five year term. This is just so it coincides so it is much easier for the bookkeeping and the records of this. They are staggered terms on this committee. We've just increased it and on two years there will be two peon appointed instead of just one. 21 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 22 is to appoint two more members to this same committee. 22.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Walter L. Smith and Mark S. McDonald as members of the Southold Town Water Advisory Committee, effective April 5, 1988 through July 3, 1990, they to serve in said positions without compensation. 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is another trailer permit. 23.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the application of Richard and Sophia Greenfield for permission to place a single family house trailer on their property on a right-of-way off of the north side of County Route 48, west of Henry's Lane, Peconic, while their residence is 'under construction, be and hereby is granted for a six (6) month period. -23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran,- Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 24 is to appoint Scott Allen as Special Counsel to the Chief of Police, effective immediately. I offer that resolution. 24.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Scott AII0rr"as a Special Counsel to the Chief of Police for the purpose of instituting and prosecuting departmental charges, effective immediately, at a fee of $125.00 per hour. APRIL 5, 1988 1. 1 3 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Justice Edwards, Supervisor Murphy. Abstain: Councilwoman Cochran. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: If you would like we can vote on the three public hearings we held tonight. The first one , Number 25, is on Local Law No. 7, which is a "Local Law in relation to Taxation", which is the increase of the senior exemption. I offer that resolution. 25.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, a proposed Local Law No. 7 - 1988 was introduced at a meeting of this Board held on the 22nd day of March, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 5th day of April, 1988, at which time all -interested persons were given an. opportur.;ty .to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 7 - 1988 be enacted as follows: LOCAL LA -O. 7 - 1988 A Local Law in relation to Taxation BE IT ENACTED. by the Town Board of the Town of Southold as follows: (additions indicated by underline, deletions by [brackets] . ' Chapter 85 (Taxation) of the Code of the Town of Southold is amended as follows: I . Section 85-2.A. is amended to read as follows: A. I f'the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of [nine thousand dollars ($9,000.)] twelve. thousand dollars ($12,000.) . "Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset which may be offset by a. loss from the 'sale or exchange of a capital asset in the same income tax year; net rental income, salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or-inheritances' . In computing net rental income and :net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. I1 . This. Local Law shall take effect upon its filing with the Secretary of State of the State of New York. 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. ' SUPERVISOR MURPHY: And Number 26 is a resolution approving the Pudge Corp- oration change of zone. I offer that resolution. 26.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, Pudge Corporation/James L. Gray, Sr. , by petition dated January 29, 1988, petitioned the Town Board of the Town of Southold for a change of zone on certain property situated at Cutchogue, Town of Southold, New York, from "A" Residential and Agricultural District to "C" Light Industrial District; and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendation and report; 'and . WHEREAS, ,the Town Board, pursuant to due notice, held a public hearing thereon on the 5th day of April, 1988, at 8: 00 P.M. , at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Pudge Corporation/James L. Gray, Sr. be and hereby is granted the relief demanded in said petition for a change of zone from "A" Residential and Agri- cultural District to "C" Light Industrial District _onadff that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, and State of New York, and more particularly bounded and described as follows.: BEGINNING at a point on the northerly side of Middle Road (C.R. 48) , at the southwest -�. corner adjoining land of John W1ck-ham; running thence along said land the .following two (2) courses and distances: ( 1r North 56 degrees 55 minutes 50 seconds West 270 feet; (2) South 23 degrees 14 minutes West 100.73 feet to land of Southold Town; runnin thence along said land North 57 degrees 17 minutes 50 seconds West 180.71 feet to other land of the party of the first part; thence along said land North 29 degrees 30 minutes 40 seconds East 707.52 feet to the westerly line of Cox Lane; thence along said line South 60 degrees 29 minutes 20 seconds East 369 feet; thence on an arc bearing to the right with a radius of 71.51 feet, 122.80 feet to the northelry line of Middle Road (C. R. 48) ; thence along said line on an arc with a radius of 1969.86 feet a distance of 377. 37 feet; thence South 26 degrees. 14 minutes 30 seconds West 175.95 feet to the point or place of BEGINNING. 26.-Vote of the Town Board: Ayes: Councilwoman Lars, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 114 APRI L 5, 1988 SUPERVISOR MURPHY: Number 27 is a resolution approving the Corazzini change of zone. I offer that resolution. 27.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, Richard W. Corazzini, by petition dated February 1, 1988, petitioned the Town Board of the Town of Southold for a change of zone on certain property situated at Cutchogue, Town of Southold, New York, from "A" Residential and Agricultural District to "C-1" General Industrial District; and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 5th day of April, 1988, at 8:05 P.M. , at which time all interested persons were giver an opportunity to be heard; now, therefore, be it RESOLVED that Richard W. Corazzini be and hereby is granted the relief demanded in said petition for a change of zone from "A" Residential and Agricultural District to "C-1" General Industrial District on all that certain plot, piece or parcel of land, situated, lying and being at Cutchogue, Town of Southold, County of Suffolk, and State of New York, and more particularly bounded and described as follows: BEGI NNI NG_ at a point on the westerly line of Cox Lane at the northeast corner of the premises herein described and the southeast corner of the land of Glover, running thence along the westerly line of Cox Lane South 60 degrees 29 minutes 20 seconds East 382.38 feet to other land of the party of the first part; running thence along said land South 29 degrees 30 minutes 40 seconds West 707.52 feet to land of the Town of Southold; running thence along said land North 57 degrees 17 minutes 50 seconds West 502.38 feet to land of Glover; running thence along said land the following three (3) courses and distances: (1) North 22 degrees 20 minutes 50 seconds East 101. 00 feet; thence (2) South 57 degrees 17 minutes East 40. 0 feet; thence (3) North 38 degrees 30 minutes 40 seconds East 588. 84 feet to the southerly side of Cox Lane, the point or place of BEGINNING. 27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-agenda. At this--time I would like any of the Town Board if they have any further comments, starting on my left with Judge Edwards. JUSTICE EDWARDS: Yes, thank you, Frank. Back in March of 1983 a Suffolk Times article quoted Supervisor Murphy as saying that it's unfair for the people of Fishers Island to have to pay for Cutchogue (landfill) . Now that was back in 1983. Anyway, $60,000 this year is our cost to Cutchogue (landfill), and since then we have tried through Mr. Tasker, Mr. Yakaboski to get something done. Now we're going four years now, that's $200,000, and not one darn thing has been done about this program. I'm speaking for myself now, not for the people of Fishers Island, but as far as I'm concerned, if it were up to me I would take the Garbage District on Fishers Island and disband it and have Southold pick up the complete cost of our landfill operations over there. I think it's really a complete unjustice to Fishers Island to spend all that money over the past four or five years for nothing. Not one bit has been done, and you people that are faithfully here at the meetings have heard me talk about this at least once a month, and that's my speech for the night. Thank you, Frank. SUPERVISOR MURPHY: Ray, thank you, and I would just like to comment. I . agree. I really don't understand why they ever formed the district in the beginning, but they did and it's unfortunate. They are paying twice. JUSTICE EDWARDS: Yes. COUNCILWOMAN •COCHRAN : Meanwhile, to solve a problem, Counselor, are you going to take care of this piece of business, please, so that we, can finally solve. the problem? TOWN- ATTORNEY SCHONDEBARE: Councilwoman Cochran, I've inherited the probl . COUNCILWOMAN COCHRAN : Thank you. Please give it your immediate attention. TOWN ATTORNEY SCHONDEBARE: Will do. COUNCILWOMAN COCHRAN : Thank you. SUPERVISOR MURPHY: Ellen, do you have any further comments? COUNCILWOMAN LARSEN : No, nothing at this time, Frank. Thank you. SUPERVISOR MURPHY: Jean? APRIL 5, 1988 115 COUNCILWOMAN COCHRAN : Thank' you, Frank; no: SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes, •in regard to the one item of Communication that the Town has received from the New York State DEC in response to our efforts to contact the DEC and discuss this Orient situation, and I think that this letter falls a little short of what we, asked them to do, and I might read portions of this at this time. We have this letter and although it's written to the Supervisor, it appears to be some sort of a form letter that was sent to each of the owners of the property, because it says here, "Dear Mr. Murphy: I am writing to you and certain of your neighbors in an effort to lessen the apparent concern that has been publicly expressed by many of the wetland owners in Orient over this department's interest in acquiring and preserving some of those wetlands. In follow-up to my March 20th letter to you and your neighbors, Mrs. Patricia Zielenski of my office and I, have variously contacted nearly every affected property owner. These contacts, sometime by way of actual meetings in your homes, were intended to convey the over-all purpose of the Department's interest, as well as to generally outline the process to be followed which thereafter, may culminate in the extension of a purchase offer and more- detailed negotiations." The next section is an understatement, because it says, "Perhaps these communications have not yet been totally successful in thawt regard. If so, I invite you to write or call me in order that we may continue the dialogue and the effort to try and understand each other." Well, that's what we're trying to do here, but we can't do it with lengthy communications. What we're asking is that the DEC come out here to the Town of Southold and sit down with us and talk to us face on face. I hate to see the citizens of this community, the property owners, subjected to this type of form mail when all they want to do is sit. down and find out where everybody is coming from and they want to discuss their basic property rights, and I feel it would behoove this Town government to ask for this meeting. If the letter is fact, it says, "I invite you to write or to call me." Well, I suggest that everybody's that here that is affected, and members of the Town. Board who would like to have this happen';-:to write and to call them, because they're not getting the message, and it's very easy for them to hide back behind this paper communication and duck the issues. SUPERVISOR MURPHY: Maybe you should read the full letter. Ruth. COUNCILWOMAN OLIVA: I just want to answer what George said. I believe Super- visor Murphy has sent a letter to Mr. Berger, who is the Regional Planning Director, and asked him. to come out and speak to the Town, and so far as I know we have not received an answer from him. SUPERVISOR MURPHY: That's correct. COUNCILWOMAN OLIVA: So I hope that we shall in the near future. Otherwise I have nothing else. Thank you. SUPERVISOR MURPHY: Okay, at this time I would like to ask anyone in the audience if they would like to address the Town Board? Starting over on my left. Frank? FRANK BEAR: Frank Bear. I'd like to thank the Town Board for the very difficult efforts that they have to make to make the choices to fill the vacancies on the Water Advisory Committee. I'm sure that the choices that you have made. will prove to be quite good, and that we will be able, to work together as a group to find some of the answers that we're looking for, not only for the Core Watershed Protection Area, but for other water problems in the Town of Southold. I want to thank you very much for your efforts and what we have wound up with. Thank you. SUPERVISOR MURPHY: Thank you, Frank, and thank you for your help. . In the back? ED SIEGMA.NN : Ed Siegmann. First of all I want to thank the Town Board- for the increase on that exemption. I think you recognize what some of the problems are with the seniors, and I'd like to add something to that. Besides that being- a problem for the seniors, thereJs a problem both for the seniors and for the young ~` people that you're talking about, or_ for these people that you're looking for for affordable housing. With both the seniors and the affordable housing, you know it's great to get them started, but if the taxes are going to become so high in areas like this where they can't maintain keeping these places, only half of the job is being done. Now, we're approaching it from our end on the senior citizens. We signed 440 petitions and we sent them to the Governor. We told him first of all we object to the fact that he wants to cut school money coming into the East End, and we also told him that we think that with some of the things that the State mandates on what the education has to be, and they don't send the money in to do it, that they are creating a problem, and we're approaching it from the senior citizen end, that they're creating a problem for us. But it can be approached from the other end also, where they're creating a --rroblem for the people who 116 APRIL 5, 1988 have low incomes in areas like this. In our petition we also asked him if he don't think that this is time for them to find another method besides using property taxes as a method to fund the schools, that they find some other method in order to do this, or a combination of the two, where when the taxes get to a certain point on property taxes then there is another way that the State can use to feed money in to support these schools. I think it's a necessary thing that's going to have to be done, because even when you take this $12,000 that we're talking about for a senior citizen, if that senior citizen has an income of $12,000 and he's paying $2,000 to $3,000 out in taxes a year, it doesn't leave him with much after he pays a lot of his other expenses, and I think somewhere along the line--and I heard--I was here the other day for a hearing when I heard the fellow that was ahead of the Baymen I believe it is--he made a comment at that meeting that this area is going to become an area for just the rich. And his comment is very true. It may not be that shining a light today that it sounds that way, but in the very. near future it will be, because even the problem that we raised with you about the $12, 11. it's a problem that you're not going to have in the future because somebody with a $12,000 income is surely not going to be able to come into an area like this and pay $60,000 or $70,000 for an acre of property. They're just not going to come to these areas so you won't have the problem. The thing we _would like you to do, if it's possible, all of the towns have this problem. Riverhead has a 21% to 23% increase coming up in their school taxes, and I'm sure the people living there feel the same way as we do. In your travels when you meet the boards from the. other towns we would hope that you would try to get them on some kind of a program like this where they all approach it along the lines that, they stop using just the property taxes as the way to pay to afford to have schools. SUPERVISOR MURPHY: Thank "you, Ed. 1 would just like to add a couple comments on that. I applaud your efforts on doing this. I would like you to include our entire Long Island delegation to the State government in your correspondence to the Governor, and also we're all very happy with exemptions, but remember the State is very quick to grant exemptions, but they don't fund them. When they grant an exemption, no matter how good it is, if you're a senior citizen, or if you're a fireman or a veteran or whoever, or if you're a farmer or what, somebody else is picking up the load when the State grants this exemption. So don't be fooled by it. ;,We realize that this exemption is probably one of the most important, because we know if you have only an income of $12,000 you're going to have a very hard time paying $2,000 in property taxes. So I'd just like to expand it a little bit and to request that before they grant any of these exemptions that they think about funding it, because we're only hurting everybody else. ED SIEGMANN : Frank, I didn't raise anything about an exemption. Our approach to them now--we're getting away from the exemption argument because we know what it creates. We're talking about finding another way to fund it. If they can say they can pay a nickel tax on liquor to do certain things, then they can put a nickel tax on liquor or a nickel tax on cigarettes to fund the schools. SUPERVISOR MURPHY: Exactly, Ed. Madam, you wished to speak? DIANA LATHAM: My name is Diana Latham, and regarding the Orient wetlands situation, I just .want to comment on the fact that Mr. Penny read a letter that seems apparently a form letter, the same letter that had been sent to all the land- owners and I just want to say it's a pretty sorry situation when the Town itself--and Mr. Murphy writes a letter and the only letter that they can send back is a form letter that's been. sent out the owners of the land. I just -think that you ought to realize that we have written letters, we have written to the DEC, we have petitioned the Board, we have done a number of things publicly, privately, and I think you should realize that we are a very upset and disturbed group of people. SUPERVISOR MURPHY: Thank you. Anyone else on the left like to address the Town Board? (No response.) Anyone in the middle? (No response.) Anyone over on the right? JOE MERKEL: I'm Joe Merkel, Peconic. Good evening, Mr. Murphy and the Town Board members, fellow citizens. 1'd just like to compliment the town Board on the working together to implement tbe_STOP-Stop Throwing Out Pollutants--and to build a permanent storage for hazardous waste. I think that's, you know, a good idea, and once a year like they had it is just not enough. People have too many things around their yards and in the garages. So I'd like to see like more news stories to get the public more aware once this facility is up, because they will use it on a regular basis. One particular dangerous product is drain and cesspool cleaner, and I had some experience with it, I tried to use it one time and poisoned my well out, and one gallon of this product can pollute over a million gallons of water. It's a solvent, it's a type of solvent, a commercial solvent, grease cutter, that was= used in this old formula. The new one now is changed to sodium hydroxide, which is like a lye base so it's environmentally safe, but a lot of people don't realize that the drains name is the same on it, and the old one doesn't have the chemical thing on it so we should get a newsletter out about that, .because the people in APR I L 5, 1988 117 Orient did have some poll;u.tion,,out the_ re ,and ,.this was:,a similar chemical that polluted their wells. The next 'thing is we of the Farm Committee for Local Affairs would like to have the Town Board look into the New York State Town Law, Section 271 , paragraph 2--you could write that down--stating that if over 20% or more of the land area is in farming an active farmer can hold a position on the Planning Board for a five year term. Now, looking at--I'm a Farm Bureau member, and I'm an active grower of nursery stock and a landscaper--we have a map down in the Farm Bureau there and we have over 75% of our land in the Town of Southold is agricultural. Okay? That is a lot of land, and all these years now we haven't had any represent- ation on this Planning Board. We haven't had any say about what's going on. An active farmer is what we need on it, not someone who has been farming, someone who is actively farming and out there. So I think I'd really like to have the Town seriously look into this and get back to us on that. The third thing I'm still getting some confusion on the minor subdivision, outline of procedures. I got another letter in the mail with the new policy, and it still seems--this was a revised application packet I got--but it still has the same road requirements that I had _expressed a lot of concern about before. I see no changes* in that. And then on page 3 the filing fees, among my other complaints about, it seems if a road is needed now it's going to be a minimum of $1,000, plus $100 per acre, and now the fees are even more expensive then they were before. I think these minor subdivisions are a way of people getting possible land to their children and other people in the family. They're not going to be able to afford them with these type of roads that are going to have to be put in and things like that. Minor subdivisions are good for the Town. A lot of people are making large lots - three, four, five acres, instead of going say 20 acre plot going into 10 lots for a major, a lot of people want to go for four, five acre lots. I think that's good for the Town, an increase of lower density, but with this road type thing again it spreads a lot of concern before, it's going to force people to go to the majors, it's going to increase the density and the cost is totally prohibitive for anyone who would like to buy any home sites for their children or other people that can't afford any land now at two acres. So I'd like to find out what is going on there, because no one seems to have any answers for me on that yet.-*­_, COUNCILWOMAN COCHRAN: Joe, may I just answer part of your concern in relation to no change in the regulations. I have told you in the past the Highway Committee and the Planning Board did meet and discuss this. There were some recommendations for changes made at that time, but there was certain information .and things that the Planning Board wanted to check with Sidney Bowne, the engineers. They informa- tion that they requested from them did not come back into Town.:Hall until yesterday, Monday morning, so we have set up a meeting for this Friday`at 3:30 to discuss some of the information that they've received from Bowne in relation to the'-regs. So we're meeting then and hopefully we have something. solid to give to the Town Board at their next meeting. So I can fill you in on that part`,of it. JOE MERKEL: Who's going over the-specs, the Town Board members and the Planning Board? COUNCILWOMAN COCHRAN : The Highway Committee is meeting with the Planning Board. Friday, I believe it's at 3:30. JOE MERKEL: Okay, thank you. COUNCILWOMAN COCHRAN: You're welcome. SUPERVISOR MURPHY: Thank you, Joe. Is there anyone else here would like to address the Town Board? Yes, ma'am. CONSTANCE TERRY: I have a couple of things I would like to read. I'm Constance Terry from Orient. I also have a couple of questions that I would like to ask you. I have in front of me the Southold Code for Wetlands concerning permit that is required. "The permit required. Not withstanding any prior course of conduct or permission granted, no person shall conduct operations on any wetlands in the Town of Southold unless he shall first obtain a written permit therefore issued by authority of the Trustees as hereinafter provided, and only while such permit remains in effect." That's the Town Law. Now I would like to read to you from the State Law. "The moratorium on-.alteration of Tidal Wetlands Environmental Conservation Act 25--Article 25, paragraph 25-0202, para 1 . No person shall alter the state of any tidal wetlands, or of any area immediately adjacent to such wetlands, and as the Commissioner may reasonably deem necessary to preserve in order to effectuate the policies and provisions of this Act, unless a permit shall have been obtained pursuant to Section 15-0505 of the Environmental Conservation Law." Then I would like under para 25-0401, Regulated Activities, para 5: "The Commissioner shall review all current mosquito control projects to determine whether they are having any adverse impact on the tidal wetlands, or any adverse impact is found, the 'Commissioner, following a public hearing, may require modification of such project if he deems it necessary to implement the policy of this act." Page 533: "Activities in areas immediately adjacent to wetlands are regulai'red by the NYCRR Part 661 118 APRIL 5, 1988 requirements. If the activity may substantially impair or alter the wetlands." Reg- ulation para 661 .4, para B: "Define adjacent area in some detail, in general, subject to the more specific boundaries set forth there. Adjacent areas are those within 300 feet landward of a wetland." That is the State Law. What I cannot understand is why no one will listen to us. We have protected the land. We have not altered it. Even should someone chose to, they have to get first permission from the Town, and they have to get permission from the DEC. You can't do it without a permit. So what is the DEC protecting? Can anybody--any of you answer me that question? Why the DEC must take over that they think? it's already protected under the law. We've protected it without the law for--you've heard this story many times. Why we're not allowed to retain property. . . . . . SUPERVISOR MURPHY: My only comment is--how do you know the DEC wants to take over all of your land? CONSTANCE TERRY: They have written. They have started back in 1972 asking us for that land, and we said, no. We're taking care of it. SUPERVISOR MURPHY: More than likely you will not have a problem. CONSTANCE TERRY: You mean you think we might be allowed to keep it? SUPERVISOR MURPHY: Certainly. CONSTANCE TERRY: Well, that's good news, because that's the first time I've heard that. . SUPERVISOR MURPHY: Really, unless it really is in part of a much larger project, and I . don't think--I don't think if you were one piece stuck in the middle of a very large taking, more than likely they would want to take it. If you are off by yourself and you're not part of other parcels, more than likely they will not. I've understood that they will not go to condemnation unless it is really, really necessary. They don't have any intention of condemning somebody's property. COUNCILWOMAN COCHRAN: But they will if they have to. SUPERVISOR MURPHY: Yes. It's always there. That's always there. COUNCILWOMAN COCHRAN : And it's slated for acquisition. CONSTANCE TERRY: I can't find .an answer to that. SUPERVISOR MURPHY: Have you talked to Mr. Berger? CONSTANCE TERRY: No, I have not. I'm asking you. . . . SUPERVISOR MURPHY: I think as Mr. Ryan has said, and the other lady who was mentioned in the letter--I think they would like to finish their job and to discuss individual values with individual people, not on a whole basis, and then I think then we'll see what's going to develop. I think we're being very premature on getting hysterical. I agree. No one's saying this--this Town Board, I don't think the State DEC, has got a policy. I know the County on that major acquisition of park land, and I wouldn't say it on the 1 /4 cent sales tax extension that there would not be condemnation, there might have to be for the very reason I spoke about, but the park land acquisition of the County was specifically exempted that properties where they would have to go to condemnation. If there could not be an agreed upon price they would not touch the property. Now, I think you're going to find the same thing happening here. I would suggest and ask that you people be patient to let them finish doing their work and approach the people on exactly what they have in mind and what they want to do and how much they want to pay for it, and then it's up to the person to say, yes, thank you, or, no, thank you. M CONS-TANCE TERRY: It's not for sale. SUPERVISOR MURPHY: Then all you have to do is say, no, thank you. Maybe they will not even--they might not even make an offer to you, and if they do make an offer all you have to do .is say, no, thank you, sir. Period. COUNCILWOMAN COCHRAN : And they'll condemn it. CONSTANCE TERRY: I hope you're right, Mr. Murphy. SUK;RVISOR MURPHY: Is there anyone else? Yes, ma'am. APRIL 5, 1988 119 MRS. GILLISPIE: My name is.Mrs:,-;Giflispie.- ,I would,.--like to make a statement. I feel threatened by the Town and New York State. To have our land taken away after 300 years, ownership and protection by the same families is not acceptable. The proposed infringement by any authority: on my rights as a land owner sounds to me like Socialism, and I am very serious about that. I have read a great deal of the Master Plan, and it absolutely frightens me. -So if there aren't some adjust- ments on that Master Plan, which the only reason we have it is because my sister, Miss Terry, paid $28.00 so we could read it, and it is really getting out of hand. We're all losing control, and I'm really, really very upset. Thank you. SUPERVISOR MURPHY: I'm sorry you are upset. Is there anyone else would like to address the Town Board? (No response.) If not I think a motion to adjourn is order, and I would like to thank everyone for coming out tonight and participating. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:45 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. X'__J�udit�hf. Terry Southold Town Clerk .9.