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HomeMy WebLinkAboutTB-05/03/1988 . 142 SOUTHOLD TOWN BOARD MAY 3, 1988 WORK SESSION 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, Assistant Town Attorney Robert H. Berntsson. EXECUTIVE SESSION 9:15 A.M. - Board discussed personnel and litigation. 10:10 A.M. - John Clavin and Tom Dougherty, Fishers Island, met with the Town Board to discuss the proposed Walsh Park affordable housing project. Also present: Planning Board members - Bennett Orlowski, Chairman, Kenneth Edwards, and William Mullen, Planner Valerie Scopaz. The proposal is to develop 12 lots under the cluster provisions of .the Code, however, Planner Scopaz and Assistant Town Attorney Berntssor after examining_ the map find that the lots do not conform to the required lot width re- quirement. Further, no determination has been made regarding the "wet" area shown on the proposed plan, and the old dump site. These must be reviewed by the Town Trustees, NYS-DEC, and County Department of Health. It appears they could proc 1 with a ten lot subdivision provided the "wet" area and old dump site questions are resolved satisfactorily. It was explained to Mr. Clavin and Mr. Dougherty that .the Town Board is without power to alter .the regulations, and the Planning Board has no authority to alter the regulations, ,for either party to do so would be a violation. of the law. Another alternative-available is for the group to apply for an "M" Multiple Residence District. Mr. Clavin will take this information back to the Association for decision. t 11 :05 A.M. - John P. Finnerty, representing Recreation Safety Institute, made a presentation on public assembly security trailing programs, which are designed to reduce liability claims by reducing incidents of valdalism and avoiding unnecessary public confrontation situations. The fee for a two day program is $1,500.00 for up to 35 persons. 11 :40 A.M. - Kevin Knobloch appeared before the Board to question them on a court decision relative to the sign of his neighbor on Route 48, Southold. Mr. Knobloch was advised they have no jurisdiction over the Justice Court and would not question their ruling. Mr. Knobloch questioned the trailer permits of Moeller and Newbridge and was advised they are agricultural uses - Moeller at Hidden Lake Farm is behind the stables and not visible from the highway; Newbridge will be removed soon as the owner will be constructing permanent buildings. Mr. Knobloch questioned the Supervisor concerning responding to correspondence. 11 :45 A.M. - Town Trustee President Frank Kujawski met with the Board to discuss the possible**swap of property between the Town and Christ Conners near Great Pond, Southold. .The matter would have to be discussed with the Town Attorney before.- going any further. Mr. Kujawski also advised the Board he would like to invite the Suffolk County Park Trustees to the Trustee July meeting to look at the Orient Point property. He asked if the Town could buy the County Trustees lunch, and was advised this would not be possible. 12:05 P.M. - Councilwoman Larsen asked if the Board would like to consider alternating their meetings as had been done in the past, first meeting of the month in the evening and second meeting in the afternoon. Board agreed. First afternoon meeting will be on May 31st.--Justice Edwards put forth a proposed resolution by John Clavin to amend the town Code to allow the Town Board the option of permitting single famir-)�_-homes on one acre sites similar to the Affordable Housing District. It was MAY 3, 1988 14. 3 suggested the proposed resolution be given to the Town Attorney for review.--He also requested permission to Fishers Island Building Dept. employee Jim Hancock to attend the BioCycle conference. Board agreed.---Councilman Penny had several questions with respect to the draft Request for Proposals for the municipal solid waste composting services to the Town.---Councilwoman Cochran requested the Supervisor to set up the Sensitivity Training Workshop, which he will do. EXECUTIVE SESSION 12:20 P.M. - Board discussed personnel. 12:30 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened and the Board audited outstanding vouchers. 2:30 P.M. - Charles deQuillfeldt, NYS-DEC Marine Resources Specialist 11,met with Board to discuss the implementation of the program of intensive pollution source (shoreline) surveys for the marine waters on Long Island. Community Development Administrator McMahon will coordinate the phases of the survey between the Town and the DEC. 3:00 P.M. - Cal Lutz and Elizabeth Wolfenden, Energy Conservation Products, Inc., along with Maintenance Mechanic Alex Stepnoski, met with the Board to discuss the Energy Conservation proposal to install "Sensor Savers" at the Recreation Center and Town Hall. The controls reduce the cost of heating and cooling by downsizing the systems when the load is lower than the capacity of the existing equipment. 3:30 P.M. - Robert Brown of Sidney Bowne Engineering met with the Board to review their study for the repair of the roads at West Creek Estates in preparation for, a road improvement district. The estimated overall cost is $37,000. This information will be transmitted to the West Creek Estates Property Owner's Association and their attorney. 3:45 P.M. - Richard Israel and Herbert Mandel met with +hp Board to review an affordable housing concept on a parcel on the west side of Boisseau Avenue, Southold. The Board favored the concept. 4:20 P.M. - Work Session adjourned. V , REGULAR MEETING 7 :30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, May 3, 1988 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy 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 Assistant Town Attorney Robert H. Berntsson SUPERVISOR MURPHY: The fir-st-order of business is the resolution setting the next meeting date for May 17th, 1988, 7:30 P.M. , Southold Town Hall. Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, May 17, 1988, 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..--;- 144 MAY 3, 1988 SUPERVISOR MURPHY: And the next resolution is one to accept the minutes of the April 19 regular Town Board meeting. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the regular Southold Town Board meeting held on April 19, 1988 be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, CounEilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution approving the audit of the bills of Ma 3rd, 1988. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby are approved for payment: General Fund Whole Town bills in the amount of $66,280.70; General Fund Part Town bills in the amount of $42,473.85; Highway Department Whole Town bills in the amount of $11,176.56; Highway Department Part Town bills in the amount of $15,429.42; Fishers Island Ferry District bills in the amount of $15, 157.38; Southold Wastewater-District bills in the amount of $15,941 .67; Agency & Trust bills in the amount of $2,619.99; Fishers Island Ferry District Agency & Trust bills in the amount of $122.93; Nutrition Fund bills in the amount of $5,834.74; Adult Day" Care Program bills in the amount of $32.45; Home Aide Program bills in the amount of $108.90; Snap Program bills in the amount of $14,235.22; Community Development Fund bills in the amount of $162.99. 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: Now at this time we have a special proclamation on National Tourism Week, and I would like to ask Councilwoman Jean Cochran to present it. COUNCILWOMAN COCHRAN: Bobra, would you join me, please. For those of you that do not know Bobra Wetmore, Bobra serves as President of the Southold Town Promotion Committee, which is comprised of our three chambers here in Southold Town. Moved by Councilwoman Cochran, seconded by the Entire Town Board, WHEREAS, the week of May 15 through 21, 1988 is NATIONAL TOURISM WEEK; and WHEREAS, the Town Board of the Town of Southold recognizes the important con- tribution of tourism to the economy of the Town of Southold; and WHEREAS, the:Town Board of the Town of Southold recognizes the positive hard work and efforts of the combined Chambers of Commerce in promoting tourism; and WHEREAS, NATIONAL TOURISM WEEK has become one of our nations most popular commemorative weeks since it was first celebrated in 1984; and WHEREAS, over 230 members of Congress co-sponsored the NATIONAL TOURISM WEEK resolution as a great testimony to the importaht role that tourism plays as one of our country's leading employers and economic generators; now, therefore,be it RESOLVED that the Town Board of the Town of Southold hereby proclaims the week of May 15 through 21, 1988 as NATIONAL TOURISM WEEK in the Town of Southold 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. COUNCILWOMAN COCHRAN: Congratulations and please convey our best wishes on behalf of the Board to our chambers, please. Thank you very much, Bobra. SUPERVISOR MURPHY: Thank you very much, Jean, you did well. I. REPORTS. SUPERVISOR MURPHY: Moving on to the first item on the agenda, Reports. would -like to remind everybody these reports are on file in the Town`Clerk's Office for anyone who would like to look_at them. 1 . Times Mirror Cable Television Report - April 19, 1988. 2. Kenneth Reeves, Recreation Director, NYS Recreation & Parks Society Conference Report. 3. Supervisor's Annual Budget Report for year ended December 31, 1987. 4. Town Clerk's monthly report - April, 1988. 5. Accounting Report - Leave time taken for month of January, 1.988. 6. . Building Department - monthly report - April, 1988. 7. Recreation Center Usage report - March 28 through May 1, 1988. Recreation Department - monthly report - April, 1988. 9. (a) Supervisor's monthly budget report - January, 1988. 9. (b) Supervisor's monthly budget report - February, 1988. 9. (c) Supervisor's monthly budget report - March, 1988. MAY 3, 1988 145 10, Councilmen's Reports. I would like to now ask the Councilmen- if they have anything special to report, starting on my left with Judge Edwards. - JUSTICE EDWARDS: Thank you, Frank. I'll save my barbs for the end. COUNCILWOMAN COCHRAN: We shall look forward with great anticipation. JUSTICE EDWARDS: I hope you stay awake that long. COUNCILWOMAN COCHRAN: I'll bite my tongue. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: Thanks, Frank. The only thing I have to report on for the past week was on the 22nd we held a meeting with H2M and Dr. Epstein on our landfill. On the 26th, of course, we had the Master Plan hearing, and on the 2nd Jean and I had a meeting on Recreation and our Lifeguards. And that's about all for the past two weeks from me, Frank. Thanks. SUPERVISOR MURPHY: Thank you. Jean? COUNCILWOMAN COCHRAN : Yes, on the 22nd I also attended the Scoping Session in relation to the technical systems for disposal of solid waste at the landfill. On the 25th we had a meeting of the Southold Town Recreation Advisory Board and some of the business that we took care of: we reviewed the award ceremony• being held on May 13th at 2:00 P.M. for the Senior Citizens Sports Tournament. I'm very happy to report that the bocci court--the horse shoe pits and the baskeball courts up at the Rec Center will be--construction will commence shortly on that and we'll have it in place for the summer season. Also a change in procedure in all sports equipment purchased by the Town for like our Little League and our Soccer League and Adult Softball, the Town will be collecting this after the season and storing it and it will afford us a better control of inventory. We also kicked around program ideas and suggestions for the summer rec program. Also on the 25th running from one meeting to another I attended the Southold Town Supported Work Project for the Disabled. On April 26th from 2:00 to 5:00 and 7:00 to 9:00, of course we had our hearing on the Master Plan. On Thursday that 28th I sat in on interviews for the Conservation Advisory Council and the Open Space Committee. On Friday that'29th at 1 :00 P.M. I attended a meeting with the Supervisor, our Community Development Director and the vendor who is going to be involved in removing the hazardous waste up at the landfill for our Stop Program. The purpose of the meeting was to review the contract and clarify some points. Also on Friday at 2:00 o'clock I attended the Arbor Day celebration which was held up at Peconic School .under the capable guidance and planning of Mrs. Peg Murphy, along with the children from Peconic School, and five cherry trees were planted along in front of the Rec Center up in Peconic. Councilman Stoutenburgh was there to address the children and share with them how Arbor Day began many years ago. All in all it was a fun occasion. On Monday, May 2nd at 3:00 P.M. I chaired a meeting of Parks and Beaches of which Ellen mentioned. We reviewed the Beach Attendant and Lifeguard applications and have set Thursday, June 2nd, 3:30 to 5:30 for inter- views of our Beach Attendants. Also since Ellen and I are both responsible for Parks and Beaches and Recreation, when we have a meeting for one or the other we also seem to slide into the other area, so we did take care of some recreation business. We reviewed with Ken Reeves,our Recreational Director, some of the summer programs which he would like to develop. On the same day at 5:00 o'clock I attended a meeting of the Southold Green Committee and we had an update- on the progress and the final phases of the development of the Green, and also we firmed up the plans for the dedication on the 29th. At 7:30 of the same day I attended CAST Drug Abuse Committee meeting. We are starting to work on plans for the Substance Abuse Awareness Week which will be held in the area of the month of October. On Sunday I had the pleasure of attending Open House at the Suffolk Couhty Community College Marine Sdience and Technology Center down here at Cedar Beach, and learned a little bit more about clams and the size of these little critters when they first start out, and-'all in all it's been a busy two weeks, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Jean. George? COUNCILMAN PENNY„ Yes-,- my report goes back a little bit further because I was not at the last meeting we had here. On the 6th Jean and I were at the--and I understand she reported on this at the last meeting--attended the meeting with Commissioner Jorling from the DEC at the Islip Town Hall. On the 6th we had a special meeting of the Town Board, which I attes,�ded, to restrict the sale of sand. On the 6th I attended a Code Committee meetiQ.g. On the 8th the Highway Committee and the planning Board met to discuss minor subdivisions. On the 12th I attended a meeting of the Local Waterfront Revitalization Program, the Advisory Committee met. On the 26th the public hearing on the Generic Impact Statement. Also the T 6 MAY 3, 1988 interviews for the CAC and the Open Space Committee. On the 27th the Commerce and Industry Committee met and we discussed the good work done by Raymond Jacobs. We have the parking lot at the Laurel booth is done. We still need screening at the Greenport booth. We discussed the Master Plan status, several in-town problems--village problems inside the Village of Greenport--Southold, excuse me, a proposal by Ray Blum from the Long Island Grape Growers Association to put up welcome signs, welcoming people to wine country when they come into Southold Town, and several other proposed pieces of legislation which. will be at the Code Committee tomorrow night. That's all. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth? COUNCILWOMAN OLIVA: Thank you, Frank. On April 20th I attended the Landm Preservation Committee meeting and they, I think, are doing such a splendid job about reviewing the old houses and documenting them, and they will be making a book with drawings by Joy Bear about the different style of homes and the history behind them. I intended to go there just for an hour to say "hello", but it was so fascinating I stayed for three hours. On April 21st I attended the Trustees meeting. On April 22nd I also attending the Scoping Session for the Part 360 application -for our landfill. On April 25th I attended the Long Island Regional Planning Board Special Groundwater Protection Area Advisory Committee and we had a presentation by the United States Geological Survey on problems with volatile organics back 'west, and on old problems with inorganics and pesticides. We also had a presentation by the Suffolk County Department of Health Services on the upper 100 foot of the magothy and its pollution problems. On April 25th I attended the -Greenport Utility Committee and I'm happy to report that Greenport will be moving on new well sites. On April 26th I also attended the Generic Impact hearing. On April 27th I attended the Commerce and Industry Committee which George reported on, and I would like to compliment the committee on that very, very lovely brochure that they're putting out. It's a nice job. On April 28th I attended the interviews for the Conservation Advisory Council and Open Space Committee. Thank you very much. -" SUPERVISOR MURPHY: Thank you, Ruth. As you could see everybody's been quite busy and if I started talking I would never make the end of the meeting on where I was the last two weeks. II. PUBLIC NOTICES. SUPERVISOR MURPHY: I'd like to move on to item II on the agenda which are Public Notices., There are four of them. These are posted on the Town Clerk's Bulletin Board :for anyone to look at. 1 . New York State Department of Environmental Conservation notice of nine public workshops to explain the proposed, revised, enhanced and expanded regula- tions regarding Solid Waste Management Facilities, and Incinerators. The Long Island workshop will be held on June 7, 1988 at SUNY at Old Westbury. Formal hearings on these draft regulations will be held from 2:00 -5:00 and 7:00-as late as necesary on June 23, 1988 at the Suffolk County Legislative Chamber, Suffolk County Legislative Building, Hauppauge. 2. New York State Department of Environmental Conservation, notice of complete application of Philip Arusta to extend and existing wooden deck attached to a single family dwelling on Marion Lake, 475 Rabbit Lane, East Marion, which structure will be 72 feet from the freshwater wetland at its closest point. A 45 foot wide buffer zone of undisturbed, natural vegetation will be maintained between the wetland and any area of disturbance. Comments to the DEC by May 13, 1988. 3. New York State Department of Environmental Conservation, notice of complete application of Russell Planitzer by J.M.O. Consulting, to construct a 10 ft. by 10 ft. gasebo, earthen walking path with benches, erect an Osprety Nesting Platform and establish plantings near Isabella Beach., Fishers Island. Comments to the DEC by May 20, 1988. 4. New York State Department of Environmental Conservation, notice of complete application of Willard & Millicent Mahood to construct a single family resider. a minimum of 85 ft. from landward edge of freshwater wetlands contiguous with tidal wetlands extending from Hazy_:Ii-arbor, west of Crescent Avenue, north of Fox Avenue, Fishers Island. Comments-to DEC by May 20, 1988. III . COMMUNICATIONS. SUPERVISOR MURPHY: There were two communications that we have on here. 1 . Letter from Mrs. Paul Gillen, Jr. , Cutchogue, thanking the Town for making .it possible for her to enjoy the senior bus trip to the Cloisters. 2. Letter from Harold D. Berger, Regional Director, New York State Depart- ment�f Environmental Conservation to Orient :Meadowland Owners Association concern- the Hallocks Bay Wetlands. MAY 3, 1988 147 IV. PUBLIC HEARINGS` (Five=hearings beginning of"`8:00 P.M.) V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to Item V of Resolutions. I would just like to state the Town Board's policy that if anyone would like to address the Town Board on a proposed resolution now is the time to do it. We would ask you to hold your comments on any other item of interest or concern to you until after the regular meeting. After we go through all the resolutions and the public hearings we will allow the public to address the Town Board on anything that is of any concern. So at this time I would like to ask if anyone has anything to comment on any of the proposed resolutions tonight? Hearing none I'll move on to the first one which is to set ferry rates for Fishers Island. JUSTICE EDWARDS: Before I start in I would. like you to know that this was my proposal to the Fishers Island Civic Association that they passed on to the Ferry District and the only comment I have on it is that it is not a full--it will not be in effect for a full year, it's only in the summer, and the Ferry District's comment-- the reason for it not being for the full year is that the fare is reasonable enough in the wintertime. We'll be working on that. The ferry fare in the wintertime is $2.00 each way, and the summertime it goes up to $3.50 each way. Automobile fares of $4.50 without a driver in the wintertime and $8.00 without a driver in the summertime, so it goes up almost double. But this is a resolution that's going to help a lot of the people on the Island that do commute to the mainland to work, and also the housewives that go over there that do most of their shopping, because our supermarket on the Island can't even compare with one of your 7-11's, even price-wise here on,the mainland. Here we go. . . I .-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to implement the follow- ing round trip' ferry rates to be available for departures from Fishers Island only: Effective May 1, 1988 for the period May 1 through October 31 when summer rates are in effect, to remain in effect until such time as modified or rescinded: 1 . Persons departing Fishers Island on Tuesdays, Wednesdays, Thursdays, Saturdays, and Sundays will be able to travel at no charge on the return 'trip. This will be effective for the individual and his automobile. 2. The round trip will be effective only on the day on. which travel is begun. 3. The system shall be subject to such limitations as established by the Board of Commissioners of the Fishers Island Ferry District. 1 .-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 2 is to advertise for resumes for a position of. Clerk Typist, summer employment, and for year-around part-time Clerk Typists. I offer that resolution. 2.-Moved by Supervisor. Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for the position of Clerk Typist for summer employment, 35 hours per week, $5.00 per hour, and Clerk Typist, year around part-time, 171,- hours per week, $6.50 per hour. 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 a budget modification. 3.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED.'that the Town Board of the Town of Southold hereby authorizes the following 1987....Budget modification to the Fishers Island Ferry District: Appropriations To: Airport Rehabilitation - ,-- $14,738.44 Revenues To: Federal Grant - Airport Rehabilitation $14,738.44 to provide budget for final payment to Costello Industries for Elizabeth Airport rehabilitation. 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 a resolution in support of a State Constitutional Amendment concerning county housing powers. I offer that. I might add that it's important that this passes this year because it has to pass by two separate state legislatures and if it wasn't done this year, 'It'- was passed next year you would lose another year again and then it's subjected to a mandatory referendum. 148 MAY 3, 1988 4.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record in support of a State Constitution Amendment, sponsored by senator James Lack and Assemblyman Richard Brodsky, to give counties housing powers by allowing them to become directly involved in housing by giving them the statutory authority to fully utilize their resources to address the affordable housing problem. 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 another budget modification. 5.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was REOSLVED that the Town Board of the Town of Southold hereby authorizes the following 1987 Budget modification to the General Fund - Whole Town: To: A1420.4 Town Attorney, Contractual Expenses $370.00 From: A9901 .9 Transfers to Other Funds $370.00 which is needed as a result of reclassification of interfund trasnfer to expenses. 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: Number 6 is to authorize the refund of a filing fee. 6.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board" of the Town of Southold hereby authorizes the refund of the $150.00 paid by Ann Berryman as a filing fee for a Special Exception application to the Board of Appeals, whereas said application was withdrawn prior to processing by the Board. 6.-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 7 is to set a public hearing. 7.-Moved by Councilwoman Oliva, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Street Excavations", now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, May 17, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1988 A Local Law in Relation to Street Excavations BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 83 (Street Excavations) of the Code of the Town of Southold is amended as follows: 1 . Section 83-7A(4) is hereby amended to read as follows: (4) Fifty dollars ($50.) for the first one hundred (100) linear feet or part thereof of street excavation and fifty cents ($0.50) per linear foot thereafter for all excavations five (5) feet in depth and over. ll . This Local Law shall take effect upon its filing with the Secretary of State. 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: And Number 8 is to go on record in support of a grant request of Suffolk County Department of Health Services .for satellite health care services, one of them to be in Greenport, the other. in Southampton. I offer that. 8.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record in support of the grant request-being submitted by the Suffolk County Department' of Health Services, through the Division of Patient Care Services, to the New York State Department of Health for funding for the Riverhead Health Center to operate two satellite health services" and expand ambulatory care for the citizens of the North and South Forks. 8.-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. SUPtkVISOR MURPHY: And Number 9 is another budget modification. MAY 3, 1988 149 9.-Moved by Justice Edwards, .seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1987 Budget modification • to the Fishers Island Sewer District_: To: Refuse & Garbage, Contractual Expenses $ 3,000.00 From: Refuse 8 Garbage, Equipment $ 3,000.00 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: Number 10 is another budget modification. 10.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1988 Budget modification to the General Fund - Whole Town: To: A1420.1 • Town Attorney, Personal Services $ 70,000.00 A1420.2 Town Attorney, Equipment $ 2,000.00 A4010.2 Public Health, Equipment $ 1,200.00 From: A142.0.4 Town Attorney, Contractual Expenses $ 50,000.00 A1990.4 Contingent $ 23,200.00 to provide budget for Town Attorney, Personal Services and Equipment, and to provide for purchase of bottled water vending machine parts (machines located at Greenport Light Plant) . 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: Number 11 is another budget modification. 11 .-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1988 Budget modification to the General Fund - Part Town: To: B3157.2 JAB, Equipment $ 421 .00 From: B3157.4 JAB, Contractual Expenses $ 421 .00 to allow for the purchase of a typewriter. 11 .-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 12 is to set a public hearing. 12.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the' Town of Southold a . proposed Local Law entitled, "A Local Law in Relation to Zoning", now, therefore, be it RESOLVED that the Town Board hereby sets 8 :02 P.M. , Tuesday, May 17, 1988, Southold Town Hall, Main Road, Southold, New York as time and place fora public hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1988 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: 1 . Section 100-13 is amended by amending the definition of ."FAMILY" to read as follows: FAMI LY - One (1) or more persons occupying a dwelling unit as a single non-profit housekeeping unit. More than five persons 18'years of age or older, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered to constitute a "family". 11. This Local Law shall take effect upon its filing with the Secretary of State. 12.-V2te of the 00 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'-1.3-is to set another public hearing. 13.-Moved by Councilwoman Oliva, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning" , now; there- ore, be it RESOLVED that the Town Board hereby sets 8:05 P.M. , Tuesday, May 17, 1988, Southold Town Hall, Main Road, Southold, New York., as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO-.-• 1988 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: 150 -MAY 3, 1988 1 . Subsection B of Section 100-119.2 is hereby amended to read as "follows: B. All buildings located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than Sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 1 . The following exceptions will apply: (a) Buildings which are proposed landward of existing buildings; (b) Lands which are not bulkheaded and are subject to a deter- mination by .the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. (c) Docks, wharves, pilings, boardwalks, stairs, promenades walkways, piers, which are accessory and separate from existing buildings or accessory structures. II. This Local Law shall take effect upon its filing with the Secretary of State. 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: Number 14 is to set another public hearing. 14.-Moved by Justice Edwards, seconded by Councilwoman Cochran, WHEREAS, there has been presented to the Town Board of the, Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zonin "., now, therefore, be it RESOLVED that the Town Board hereby sets 8:07 P.M. , Tuesday, May 17, 1988, Southold Town Hall, Main Road, 'Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1988- A Local Law in Relation to Zoning BE IT ENACTED by the Town Board. of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: 1 . Section 100-131 is hereby amended by adding subdivision "D" to read as follows: D. Architectural Features. That the architectural features of proposed buildings and signs are in character with that generally prevailing in the neighborhood. II. This Local Law shall take effect upon its filing with the Secretary of State. 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: Number 15 is to authorize the Town Clerk to advertise _ for summer program instructors. I offer that resolution. 15.-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 summer program instructors: Adult Tennis Instructor and a Youth Playground Instructor; said charge to be made to A7020.4, Recreation Administration, Contractual Expenses. 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:' Number 16 is to authorize the execution of an amendment to a prior agreement. 16.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an amendment to the Local Waterfront Revitalization Program Agreement changing the expiration date of the Agreement to September 30, 1989 to allow sufficient time to complete the task for the Program. 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared dury-ADOPTED. SUPERVISOR MURPHY_:.. Number 17 is to authorize the purchase of a computer printer for the Town Trustees and Community Development office. I offer that resolution. . 17.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of one (1) IBM Quietwriter 111, #5202 computer printer for the Town Trustees and'Community Development Office; charge to-,be made against the Computer Capital Account. 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. MAY 3, 1988 151 SUPERVISOR MURPHY: Number 18 is to waive bond requirements. 18.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby waive the Surety and Maintenance Bond provisions of the Highway Excavation Law of the Town of Southold with respect to the application of the Village of Greenport to install a water main extension along the west side of Youngs Avenue, from County Route 48 to Founders Village, Southold. 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 to authorize another agreement. 19.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Baord of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the county of Suffolk, Human Services Division; Office for the Aging, for funding the Town's Supplemental Nutrition Assistance Program (SNAP), effective April 1, 1988 through March 31, 1989; subject to review and approval by Town Attorney Schondebare. 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: Number 20 we're going to hold (appointment of Beach Attendants and Lifeguards) Number 21 is a transfer of funds. 21 .-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $12,041 .00 from B3120.4, Police, Contractual Expenses, to B3120.2, Police, Equipment, for the purchase of one`(1) police car from the State Contract. 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: Okay, Number 22 1 would like to ask Councilwoman Jean Cochran to read it. . It's a designation for the First Universalist Church. I'd like to ask maybe Sid Breese, the President of the Board of Trustees, and Bill Peters (member of the Landmark Preservation Commission) to come up while ,Jean reads it. COUNCILWOMAN COCHRAN : I requested that I read this because if you look back in church history the church was built by a Cochran, so I thought it was very = apropos. 22.-Moved by Councilwoman Cochran, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby designates The First Universalist Church of Southold, which church building was started in 1835 and dedicated in 1837, as a Southold Town Landmark, all in accordance with the request for designation by the Board of Trustees of The First Universalist Church of Southold, and by recommendation of designation by the Southold Town Landmark Preservation Commission. 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: Mr. Breese, do you want to have a comment, and then we'll ask Bill Peters. SIDNEY BREESE: My feeling was in the sense that it was high time in fact that this was carried through. I looked back in the records and realized that before my wife and I left town to go down to Virginia for six years this process had started in 1978, and when I came back I fodhd nothing further had. been done, - so I thought the time is now as -4:m_finishing up as President of the church and I would ask for this designation. L thank you very much. SUPERVISOR MURPHY: The church will be sent a copy of the resolution also. TOWN CLERK TERRY: He is going to receive a formal certificate of designation now. WILLIAM PETERS, member Landmark Preservation Commission: Signed by the Chairman of the Landmark Preservation Commission. Yaur church is now a Town Landmark. SIDNEY BREESE: Thank you very much. 152 MAY 3, 1988 SUPERVISOR MURPHY: That was an easy one, Bill. Okay, it's now 8:00 o'clock so I'd like a resolution to recess to have enough time to hold public hearings. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that a recess be called at this time, 8:00 P.M. for the purpose of holding the following public hearings: 8:00 P.M. - A proposed"Local Law in relation to Vehicles and Traffic". 8:02 P.M. - A proposed "Local Law in relation to Wetlands". 8:03 P.M. - A proposed "Local Law in relation to Wetlands". 8:05 P.M. - A proposed "Local Law in relation to Garbage, Rubbish 8 Refuse". 8:07 P.M. - A proposed "Local Law in relation to Garbage, Rubbish S Refuse" 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 8:20 P.M. SUPERVISOR MURPHY: We'll reopen the regular meeting and move to Resolution No. 23, an appointment to the Conservation Advisory Council. 23.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Bruce Loucka a member of the Southold Town Conservation Advisory Councilm, effective May 4, 1988 through June 18, 1989, to fill the vacancy created by the resignation of Ralph Condit 11. 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 make appointments to our new Open Space Committee. 24.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following five (5) individuals as members of the Southold Town Open Space Committee, effective May 4, 1988, they to serve in said position without compensation: Andre Cybulski, Jr., 2 year term to May 4, 1990. William H. Grigonis, 2 year term to May 4, 1990. Robert A. Villa, 2 year term to May 4, 1990. Frederick Ross, 1 year term to May 4, 1989. Richard C. Ryan, 1 year term to May 4, 1989. SUPERVISOR MURPHY: I would just like to comment. It's a program I think that could have wide implications and benefit for this Town and I think we' have five very fine people, and we had quite a few people who were very well qualified and it's just too bad we couldn't appoint them to all these committees who did come out and apply and I really thank the people for their interest in on these both committees. They really were some very, very fine applications. 24.-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 25 is to authorize the Town Clerk to advertise for bids for a van for Town Hall and a Rec Department pick-up. I offer that resolution. 25.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of one (1) 7-passenger van for Southold Town Hall, and one (1) small utility pick-up truck for the Recreation Department:" . 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 to authorize employment. 26.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it 'was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to employ William F. Henderson IV as a part-time Deckhand, effective immediately, at a salary of $5.25 per hour. 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- manj�?enny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 27 is to authorize an increase in the open cash account for the Race Point. MAY 3, 1988 5 153 27.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to increase the opening cash (float-start-up fund) on the MV RACE POINT from $200.00 to $400.00. 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: Now, if no Councilman objects, I would like to have a resolution to pass on these five public hearings we had tonight being that there was absolutely no controversy or comments. First is a Local Law No. 8 concerning Vehicles and Traffic. I offer that. 28.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 8 - 1988 was introduced at a meeting of this Boasrd held on the 19th day of April, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 3rd day of May, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 8 - 1988 be enacted as follows: LOCAL LAW NO. 8 - 1988 A Local Law in Relation to Vehicles and Traffic BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 of the Code of the Town of Southold is hereby amended as follows: 1 . By amending Section 92-32 (Yield Intersections) by deleting therefrom the following: Direction At Intersection Location Yield Sign on of Travel With (Hamlet) North Bayview Road North Pine Neck Road Southold By amending Section 92-30 (Stop Intersections with Stop Signs) by adding thereto the following: Direction At Intersection Location Stop Sign On of Travel With (Hamlet) North Bayview Road North Pine Neck Road Southold 11. This Local Law shall take effect upon its filing with the Secretary of State. 28.-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 29 is Local Law No. 9 to be enacted, "A Local Law in relation to Wetlands". I offer that resolution. 29.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 9 - 1988 was introduced at a meeting of this Board held on the 19th day of April, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 3rd day of May, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 9 1988 be enacted as follows: LOCAL LAW NO. 9 - 1988 A Local Law in Relation to Wetlands BE IT ENACTED by the Town Board of the Town of Southold as follows: I . Chapter 97 (Wetlands) of the Code of the Town of Southold is amended as follows: 1 . Section 97-12(A) is hereby amended by adding subdivision (6) to read as follows: (6) The construction of a registered bulkhead, which is to replace an existing functional bulkhead, provided that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead and located in place of the existing bulkhead. The Trustees shall be given written notice of the project prior to 'commencement of work. 11. This Local :Law'shall take effect upon its.;filing with the Secretary of State. _ 29.-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 30 is Local Law No. 10, "A Local Law in relation to Wetlands". I offer that resolution. 30.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, a proposed Local Law No. 10 - 1988 was introduced at -a meeting of this Board held on the 19th day of April, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 3rd day of May, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No 10 - 1988 be enacted as follows: . 1 `t MAY 3, 1988 LOCAL LAW NO. 10 - 1988 A Local Law in Relation to Wetlands BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 97 (Wetlands) of the Code of the Town 'of. Southold is amended as follows: 1 . Section 97-13 is amended by deleting the word "sounds" from the definition "Tidal Waters". II. This Local Law shall take effect upon its filing with the Secretary of State. 30.-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 31 is Local Law No. 11., "A Local Law in relation to Garbage, rubbish and Refuse". I offer that resolution. 31 .-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 11 - 1988 was introduced at a meeting of this Board held on the 19th day of April, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 3rd day of May, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 11 - 1988 be enacted as follows: LOCAL LAW NO. 11 - 1988' A Local Law in Relation to Garbage, Rubbish and Refuse BE IT ENACTED by the town Board of the Town of Southold as follows: 1. Chapter 48 (Garbage, Rubbish and Refuse) of the !Code of the Town of Southold .is amended as follows: 1 . Section 48-3 is amended by reunumbering existing subsections C and D to D and E, respectively: 2. Section 48-3 is amended by adding subsection C to read as follows: C. No garbage, rubbish, refuse or other material that does not have its origin within the town of Southold shall be conveyed or trans- ported over any street within the Town for delivery to the Town refuse disposal area. II. This Local Law shall take effect upon its filing with the Secretary of State. 31 .-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 32 is a Lcoal Law No. I12, "A Local Law in relation to Garbage, Rubbish and Refuse". I offer that resolution. i 32.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, WHEREAS, a proposed Local Law No. 12 - 1988 was introduced at a meeting of this Board held on the 19th day of April, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 3rd day of May, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 12 - 1988 be enacted as jfollows: LOCAL LAW NO. 12 - 1988I A Local Law in Relation to Garba e, Rubbish and Refuse BE IT ENACTED by the Town Board of the _Town of Southold as follows: I. Chapter 44 (Garage, Rubbish and Refuse) of the !Code of the Town of Southold is amended as follows: 1 . Section 48-7 is hereby added to read as follows: Section 48-7. Revocation of Permit and/or License. A. Permits and/or licenses issued under the provisions of this ordinance may be revoked by the Town Board of the Town of Southold after . notice and hearing for violation of the provisions of this ordinance. B. Notice of the hearing for revocation of a permit and/or license shall be given in writing, setting forth specifically the grounds of the p complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee and/or licensee at his last °known address at least five (5) days prior to the date set for hearin The said hearing ,shall be conducted in a manner wherein the accused permittee and/or licensee is afforded full due process of the law. C. At the conclusion of said hearing, and as a result of the evidence adduced therein, the Town Board may, in its discretion, revoke the said permit and/or license or in lieu thereof, suspend the subject permit and/or license for a specified period of time, censure the permittee and/or licensee, or impose a fine, not to exceed two thousand dollars ($2,000.) . 1 II. This Local Law shall take effect upon its filing with the Secretary of State. 32.-Vote,if!f the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. _ j 1 MAY 3, 1988 1 155 SUPERVISOR MURPHY: I might add at this time--I don't know if it's good for the people or bad, but you certainly can see that our Town Attorneys are working very hard. ASSISTANT TOWN ATTORNEY BERNTSSON: Thank you, Frank. SUPERVISOR MURPHY: We'll see when somebody gets caught how they appreciate it. Okay, that's the end of our prepared and added-on-agenda. At this time I'd like to ask any of the Councilmen if they have anything to say, starting on my right with Ruth. COUNCILWOMAN OLIVA: Nothing at this time. Thank you, Frank. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes, Frank, thank you. This is particularly directed toward John Tuthill who's in the audience, representative of the members of the Orient Meadowlands Association, and John, I know the last time I saw you I told you that when we went on April 6th to visit Commissioner Jorling of the DEC at the Islip Town Hall, that I would speak to the Commissioner about the problem that you're having with your wetlands in Orient. Well, I did that. I asked how the Councilmen in the Town of Southold can have more input into lands that are being set aside for acquisition by the DEC. Following that meeting, Harold Berger, the Regional Director, approached me fairly quickly--as a matter of fact I was with Jean Cochran-- he approached us and said, "What seems to be the problem?" And we said, "We've been told, Mr. Berger, that you will not meet with the property owners of the property in Orient and the Town Board at the same time." He said, "Well, I don't understand why you feel that way." He said, "Have you been told that?." And we said, "Yes, we've been told by the Supervisor of the Town of Southold that this isn't possible." He said, "Well, Frank is misinformed; and he said, "I wish from now on when you have a problem you call me directly." So !" said, "Well, Mr. Berger, will you meet with the Town Board of the Town of Southold and the property. owners in the Town of Southold so we can get this settled?" He said, "Yes, I would." And he repeated that more than once. I asked him, and I believe that Councilwoman,,Cochran will verify this. John, I know you just got a letter from the DEC which'- says that they will not do this. As a matter of fact they made mention of the conversation that they had had with Jean and I and did not mention meeting with the Town Board and the property owners together. I called Mr. Berger again to remind him of his prior commitment, which at this point he has denied making. So I'm, sorry, John, I understand why the Orient people do not trust the DEC, and I'm afraid that if people like Harold Berger--because if they can switch as quickly as that from a three week period of time, and a public official cannot even ,get the truth from them I feel for you guys. Thank you very much, and I did my best. ' SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN : Yes, I also intended to bring it up because I see we have a copy of the letter evidentially that you received under Correspondence in our file this evening. Mr.Berger does state. in, his third paragraph, "On April 6th I met with George Penny and Jean Cochran and informed them I had received a letter request from Supervisor Frank Murphy to meet with him and his Town Board. informed them that I would do so.!'. I am disappointed that Mr. Berger has not placed in context what we requested of him. When we requested if he would meet with the Town Board and the landowers he said, yes, he would. "He has never in all his life refused to meet with anyone." Exact quote. The only thing I would like to add at this time is I do not feel Mr. Berger is a very honorable person.--Some-. thing a little lighter then that--as you know, Southwold,England is getting ready i for their celebration of their Charter and we have a gentleman in the audience tonight, Fred Martin--I don't know, Fred, if you know all of the Town Board, but the gentleman in the blue jacket is Fred Martin, and he is a--I don't want to say amateur because it sounds -like you're almost professional "ham operator", and he's in constant commun- ication• back and forth with Southwold, England, almost constantly. In addition, Fred 'and this other fellow have taken up corresponding and I have a copy of one of the letters, but it's kind of fun_'to read,because you feel a certain warmth and attachment to a place that you've never seen or you've never been to. But just a paragraph of this gentleman's letter: "I have suggested to the Southwold Council that we run a photographic competition here, the idea being that residents and visitors to Southwold will be invited-to take manners of photos throughout the whole of the r Charter year of the town and its immediate environs. The winning photograph will be enlarged, mounted and presented to Southold at about the time of the beginning of your own celebration. This will show Southold just what the old mother town of Southwold looks like and is doing in the year 1989-90, 500 years after receiving its first charter as a borough. I wonder whether Southold might consider running a similar competition with the winning photographs being sent to us in Southwold. am certain all residents and visitors here would be fascinated to learn all they l 156 MAY 3, 1988 i can about their daughter town. So it's kind of fun, and in addition a guide to Southwold and their district for 1988, Fred received, and it's kind of fun to look on the center and see the same sign we have here. 11 understand from Judy Terry that I believe it was Jim Homan. . . TOWN CLERK TERRY: Yes, a former Supervisor. I COUNCILWOMAN COCHRAN: . . .on a visit to Southwold brought this back to us. TOWN CLERK TERRY: He had it carved and donated �it to the Town. COUNCILWOMAN COCHRAN: And donated it to the Town and theirs says "Southwo TOWN CLERK TERRY: And that stands in the square. COUNCILWOMAN COCHRAN: And ours says "Southold". In addition, Fred's family is developing quite a relationship. with our mother country because this says, "Friend- ship Across the Airways", and Fred's daughter is a pen pal to--is it the other ham operator's daughter, Fred? FRED MARTIN: It is the Town Clerk's daughter. COUNCILWOMAN COCHRAN: The Town Clerk's daughter, and they have a line of communication going. So I just think it's kind of fun. Fred, can we copy these? Fred, would you like to say something in relation to this? You're in communication with this man all the time and I 'just think it's great that we can build a line of communication here. FRED MARTIN: I'm not really much for public speaking, but to give you an idea of what's going.on, in January one night I got a phone call about 10:30 at night from an amateur radio operator up in Massachusetts who had gotten my name and phone number from Bob Rothman. I've got a fairly good size station in my house, and the gentleman in England wanted to get in touch with somebody here in Southold and get communications going back and forth specifically for the two celebrations coming up. It ended up that John Cordeau and myself have been talking almost every Saturday morning, or Saturday afternoon, depending upon how we have it scheduled, and they would like to see an interest from this side of what we call the "pond" to get some interest going and as Jean has read a portion on the photo contest they're going to get started over there. They'd like to see the same thing over here. They're very interested in what the celebration committee is doing over here. I'm here to tell you that I can transfer this information back and forth. We have no legal third party agreement between the United States and the United Kingdom. I COUNCILWOMAN COCHRAN: Thank you, Fred, for sharing this with us. JUSTICE EDWARDS: What frequency on Saturday morning? I FRED MARTIN: This Saturday morning we'll be on 14,341 at 1700 Zooloo. I JUSTICE EDWARDS: I'm W2102. i I FRED MARTIN: I believe I've talked to you before on 6670 repeater. JUSTICE EDWARDS: I think we have. I'll try and get in there. 1700GNC, 14341 . SUPERVISOR MURPHY: You know one of the members, or former member of I guess the Town Council,was over here when we had our bell ringing ceremony last year for the Bicentennial. FRED MARTIN: From Southwold. I understand--I think there',s some talk going on in the tdwn that they'd like to get some of the people coming here, but that really haven't gotten into. SUPERVISOR MURPHY: Toni Booth is looking into it and she's talked to several travel agents. FRED MARTIN: Toni was down at the house one morning for the conversation between John and myself. George Bumpstead, being the Town i Historian over there, has been there for every one of these contacts that we've made; and they have recorded the contact. One other thing that we've done is they sent over an audio version of Sunday service from St. Edmund's Church in Southwold, and I have done the same thing from the Presbyterian Church, so hopefully we can get a lot going between the-Aiio, and if any of the Councilmembers or,the Celebration Committee or Chamber . Commerce would like to get in touch with--my phone number is not in the book--it's :<_not -my fault, the phone company, but for the record i!t's 765-3120, and if I'm not home my wife will gladly take a message and I'll get back in contact with anyone and see whatever we can get going back and forth. Thank you. - j MAY 3, 1988 15 7 COUNCILWOMAN COCHRAN : Thank you, Fred. SUPERVISOR MURPHY: Very good. Jean, anything further? COUNCILWOMAN COCHRAN: Yes, the only other thing--I don't know if the Town Board has seen the lovely brochure that the Promotion Committee has developed, and Bobra brought some copies in to share with us so that we could each see what's being distributed to our local tourists. Also, George, something came to mind which have neglected to mention to you--I haven't seen you this past week too much except for today--when you mentioned signs--I've had several people mention to me what the possibility might be to get some signs on the County Road 'up here designating at the top of Horton the business district is down this way for on the highway. You know, like in Cutchogue they have a sign going down "business district". I've had a request to. . . . COUNCILMAN PENNY: I thought there was one up on Youngs Avenue. COUNCILWOMAN COCHRAN: I'm not sure. I don't think there's one up here on the North Road, is there? SUPERVISOR MURPHY: I don't think so. i COUNCILWOMAN COCHRAN : Otherwise I don't think the person would request it. I'm just throwing it to you. That's your committee, George. Thank you. Thank you, Frank. SUPERVISOR MURPHY: Ellen? I COUNCILWOMAN LARSEN : No, nothing, Frank. Thank you. SUPERVISOR MURPHY: Raymond? i JUSTICE EDWARDS: Oh, yes. SUPERVISOR MURPHY: Okay, I've been waiting. JUSTICE EDWARDS: I think number one I'm glad this brochure was passed on on tourism, because the people of Fishers Island would love to see this because the Island is not mentioned on it. Well, it is, but it's not on the map and the people will read that. Okay, now we get on with the list. COUNCILWOMAN COCHRAN: Do you people really want tourists over there? JUSTICE EDWARDS: No, we don't. COUNCILWOMAN COCHRAN: That's why we knew that and we left you off the map. JUSTICE EDWARDS: Okay, there were four of us that flew over this morning to sit down on affordable housing on Walsh Park. Affordable housing over there where we have twenty-four acres and we're looking for twelve lots. Due to petty restrictions it's going to set us back either six to eighteen months unless we gi.ve up two of the lots and go for a multiple, and even with city water--you know, just because of bureauracy we have to give up two lots. You know it's a little petty thing, and many times the Town Board will go into Executive Session because we found something that we've done and we have to have pow wow to resolve it illegally. Also this morning we had a developer that come in that-wants 55 lots on 37 acres with 'Greenport water. You know that's great, the Greenport water they're giving it away like they haven't got it. Now, I think it's unfair to the people of the Island. Of course we're going to work on it. Our Attorney is. The Town Planner is or ; isn't, depending on how you look at it, but I think there is some way that we should be able to bend. Now, the Conservancy on Fishers Island has hired an engineering study-to ;check into the busing of garbage f' bm Fishers Island either to Southold or Connecticut, and from what 1-gyather in the Connecticut paper, Connecticut has enough problems getting their own incinerator on line over there with the technicalities. . and so' forth so that leaves that out. My suggestion to the engineers, well, if ` we have to bus it to have the Town of Southold put an off-loading ramp down here in Orient and we'll move one of the ferries to tl­.i Island and make a midnight garbage run. Change the name of the ferry to the Islip Barge. It will save the taxpayers on Fishers Island $68,000--next year it will be more--and true, we will .have to go up when you people go into composting. And, let's see what else here--oh, the State Police is on the Island. They're here--one of them is 'here until the. first of November and that should be interesting. ,_.J,(en Reeves, Recreation Director, . gave us four basketball nets for the basketball courts on the Island. .I. requested that and he come right through with it. And no one mentioned it, .but 'l don't know how many people get the New York State Cofv�gervationist magazine, but this i 158 MAY 3, 1988 week is DEC Water Week, May 1st to May 7th and nobody mentioned that, as important as it is. And let's see, what else---we have some other little tid bits here. That conservation magazine is only $5.00 a year and comes out six times a year. It's a beautiful magazine. I think it's the best buy in the State. Let's see, I do have Fred Martin here--I talked to him, and I've got 14341 1 signal side band and I'll look for you there. I had a beautiful dinner at Skipper's Restaurant tonight. They serve some beautiful martini's which--I have a cousin that calls it loud mouth juice. TI_ � 1� d Lich 11 1 1 L t 1 ��ey 4J2r2 veau�iful and a banv"'-u salmon iiJili�.1� was exCe��eFlt. AFiU 185`l Ui�1t i�cr� least, tomorrow morning my grandson is getting on the New London ferry at 7:00 o'clock in the morning--I'm picking him up at 8:30 and my boat is down at Brewer's in Greenport. It's been refurbished for the first time in ten years and we plan to leave Greenport about 9:00 or 9:30 with--] think 1 have a dozen channel marker in there that the Highway Department has given us, a bucket of chain that weighs about 100 pounds, and I've got to bring back about two dozen bagels to the constituents on Fishers Island. So other than that, Frank, thank :you. SUPERVISOR MURPHY: You certainly are busy, Raymond. I would just like to make one comment and it's very upsetting, really, that even this would go on, and that the DEC did offer to meet with the Town Board as they said they would. Suggested -that first and only two of us had the courtesy to go over to the meeting. All members of the Town Board could not go, and I apologized personally to Harold Berger for what I considered very rude behavior and rude comments, and I don't think it's right and I think we stand a very good chance of putting the entire project in jeopardy and losing an awful lot of funds, and I'm very upset about . it. COUNCILWOMAN COCHRAN: Mr. Murphy, don't you ever apologize for me. SUPERVISOR MURPHY: I didn't apologize for you. COUNCILWOMAN COCHRAN: You are in a sense apologizing. If there's an apology due I will do it myself. Number one, when I spoke with Mr. Berger he said he would be meeting with the landowners and the Town Board. Okay? Number two, when in a weeks time just the Town Board was invited to Stony Brook for a meeting without the public, on principle I did not attend that meeting. And that is my right. Thank you. SUPERVISOR MURPHY: Fine. Fine. You have any right to do anything. . . . . COUNCILWOMAN COCHRAN: But don't every apologize for me. SUPERVISOR MURPHY: Well, I did. COUNCILMAN PENNY: In regard to that also, 1 received a notice of this meeting after giving Frank advanced notice that 1 would not be available Monday through Wednesday. . . COUNCILWOMAN COCHRAN: I found out about the meeting on Friday afternoon for Monday. Come on, Frank. COUNCILMAN PENNY: I found out about it Friday afternoon which is very short notice and he knows, and I also spoke to him that morning to say I would not be able to attend the meeting, so I don't know what all of this apology stuff is about, but I never intended to make that meeting and I never represented that 1 would. However, Mr. Berger did represent that he would meet with us here at Southold Town and he did not. So if anybody owes us an apology it's him. COUNCILWOMAN COCHRAN: It's Mr. Berger. COUNCILMAN PENNY: Thank you. . COUNCILWOMAN COCHRAN: Thank you. SUPERVISOR MURPHY: Any other_ Town Board member have any comments? COUNCILWOMAN LARSEN: Well, I'd just like to say one thing since I've been pretty quite through this whole thing, I remember reading myself that the DEC would be happy to meet with the landowners. Not as a whole, but individually. That they would meet with the Town Board members. I have--I did not attend the meeting in Stony Brook myself because from the beginning I have felt that the DEC is involved in the acquisition of the land, they have not made offers yet, they have not finalized anything. We have--I myself, as a Town Board member, feel that it lies with the :; Stata.:::at this point. When the Orient people can come to me and tell me specifically what the DEC is doing to them is wrong, is terrible, then I'll listen. At this point I'm waiting. MAY 3, 1988 159 COUNCILMAN PENNY: You haven't read the mail lately, Ellen, that's what they've been saying. COUNCILWOMAN LARSEN : I read it all the time. COUNCILMAN PENNY: John, send him a copy of your letter. JOHN TUTHILL: When can I make a comment here? COUNCILMAN PENNY: Right now. JOHN TUTHILL: I'm John Tuthill of Orient, involved in this Orient Wetlands Association. All we want to tell somebody in the DEC is that we do not want to sell. COUNCILWOMAN LARSEN : We know that, John. JOHN TUTHILL: We don't care about-meeting individually and having them make offers or anything. We want to tell them--somebody in charge--that we do not want to sell. Now, I appreciate George and Jean making that contact for us, and do think that it's very short shift that Berger gave these two members of the Town Board, and it seems to me that the Town Board ought to rally around their own members and take umbrage that two members were lied to. Now, also we, the members down in Orient, are members of Southold Town, and it would seem to me reasonable that the Southold Town Board could help members of Southold Town. All we want to do is meet with somebody ahead of time and tell them that we don't want to sell„ We don't want them to check our lands and figure out what it's worth. We just don't want to sell, period. And why should we wait until they come around and talk to each one of us individually, .when perhaps we can do this thing with one authority and settle the whole thing, and we would like to have the Town Board as a whole, which represents us, at least try to help us. COUNCILWOMAN LARSEN: Well, don't talk to me for help, Mr. Tuthill, because think this has been politicized and publicized. I think that the DEC is going to treat you fairly. I think that other areas in other towns have had successful acquisitions with their areas preserved, that the people have been remunerated very justly. I don't your causes as holding on to the land that you've held on to for 250 years when they're looking at a small periphery to acquire. We have not seen anything from you other than complaints, the fact that you would like us to come in and help you with this. We don't even know what. . ..". . JOHN TUTHILL: Why shouldn't you help us? We're members of the Town. All we want to do is meet with some. . . . . COUNCILWOMAN LARSEN : There are many other people that are members of the Town too, so let's wait is my opinion. JOHN TUTHILL: Well, what have the other members got to do with it, they don't own the land? Why can't the Town support members of Southold Town? At least why can't you support your Orient people. You talk about politicizing, I guess you're probably right, but it shouldn't come between the Town Board helping to get an answer to other people in the Town, and I don't think you're treating your own people fairly. SUPERVISOR MURPHY: - Thank you, sir. Anyone else in the audience like to address the Town Board? Jean? JEAN TIEDKE: Jean Tiedke. I live in the village of Southold. Number one, I recommend that anybody that can go visit Southwold do so. It is a charming, charming town. COUNCILWOMAN COCHRAN: Very nice change of subject. JEAN TIEDKE: Talking about -the-landfill. When are we going to 'go to source separation? At least glass and metal? That's the easiest thing. SUPERVISOR MURPHY: We-are taking metal out now. Not cans, but we are taking all metal out now. JEAN TIEDKE: Out of t:,e dump. That's not what I'm talking about. Source separatior we'd each have a can for metal and a can for glass, and it can get picked up maybe once a month, once in six weeks. Doesn't have to be picked up every week. As I've said before, when we lived in Michigan in 19601 we had to do it. Everybody did it. We had red cans for glass and white -cans for something else. It was no big deal and it worked fine., and it would be much, much simpler and much cleaner than having to do it at the dump. I think you sH&Uld think about it. The other thing is, what is the Open Space Committee expected to do? 6 0 MAY 3, 1988 SUPERVISOR MURPHY: First of all, spend $1,750,000 in property acquisition of various types. JEAN TIEDKE: Good. Good. Who will look after it? SUPERVISOR MURPHY: The Town will. It will be very similar to the Farmland Development Rights purchase. JEAN TIEDKE: Good. Okay, I'm all for it. But think about this source separation at our houses. SUPERVISOR MURPHY: We're looking into including that in the RFP and let the firms who want to bid on the construction tell us how they want to do it without having to force something down their throat, and force the collection which traditio d ly has worked fairly well in the beginning, but after a while it levels off and really it's not very cost effective. JEAN TIEDKE: What is not? SUPERVISOR MURPHY: Most of these household pick-ups and stores is not very good. JEAN TIEDKE: How do you know ,that? SUPERVISOR MURPHY: Just from talking to people. JEAN TIEDKE: To people who don't like it - they say that. SUPERVISOR MURPHY: Jean, yes, we could discuss it with you if you'd like and any .input you have,: fine, we'd be happy to talk to you. JEAN -TIEDKE: Well, I certainly think you should talk about it more, not just throw it away and say that everything's going to go to the dump and then be separated. That's a very bad way to do it in my opinion. Okay? SUPERVISOR MURPHY: Okay. Thank you. Anyone else like to address the Town Board? (No response.) Hearing none, a motion to adjourn is in order. Thank you for coming'.out tonight. Moved by Councilwoman Cochran, seconded by Justice Edwards,, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:50 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. Judith T. Terry Southold Town Cler