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HomeMy WebLinkAboutTB-05/31/1988 175 SOUTHOLD TOWN BOARD MAY 31, 1988 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (10:15 a.m.), Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare. Absent: Councilwoman Ellen M. Larsen (ill) . 9:10 A.M. - The Board met with PBA President John Baglivi to. discuss to discuss Senate and Assembly bills to amend the retirement and social security law in relation to additional pension benefits payable to certain members of the New York State and local police and fire retirement system. Officer Baglivi urged the Town Board to go on record in support of the bills. The Board received favorable written comments from Police Chief Winters and Account Cushman, and agreed to adopt a resolution in support (see resolution no. 23) . EXECUTIVE SESSION 9:15 A.M. - Board met with Board of Appeals Chairman Ger and Goehrin er to discuss litigation and personnel, after which they met with Executive Administrator Lessard and Code Enforcement Officer Wieczorek to discuss personn. 10:15 A.M. - Board met with George Desmarais, H2M Group, and Dr. Elliot Epstein, E S A Environmental Consultants, Inc. for an update on the progress of the proposed Solid Waste/Sludge Composting Facility Program, and a review of the Draft Request for Proposals, making necessary additions and deletions to same. 11 :15 A.M. - Wayne DePetris met with the Board to urge them to publicize Lyme Disease. Mr. DePetris' daughter has the disease and he therefore has firsthand experience ' with the side effects. He and his wife had been circulating a fact sheet concerning the disease since this is the height of the tick season, and encouraging the public to call them for more information. The Board agreed to give the matter all the publicity they can. Brochures are already being distributed in Town Hall. 11 :30 A.M. - The Town Board had the pleasure of meeting with the members and their wives and aides from the Natural Gas Company of Denmark. (31 individuals) . Supervisor Murphy, on behalf of the Town Board, presented the gas company board members with the Seal of the Town, and the visitors presented gifts to the Town Board, Town Clerk and a crystal bowl to the Town. " 11 :55 A.M. - For Discussion Items: (1) Senate and Assembly bills relative to police and fire retirement system, resolution no. 23, discussed at 9:10 a.m. with Officer Baglivi. (2) Bond Counsel fees - Town Attorney Schondebare is still awaiting the fee schedule from Hawkins, Delafield & Wood. (3) Letter from the Farmland Committee requesting the Town Board to establish review procedures for open space created as a result of clustered subdivisions or land development. The Farmland and Water Advisory Commtttees wot.�,d like the Town to assume ownership of as much of the environmentally sensitive land as possible. This matter will be referred to the Code Committee. '(4) Interim billing statement from Smith, Finkelstein, Lundberg, Isler E Yakaboski"with respect to Lo Stack-Interiors v: Town of Southold and Ronald Morizzo Builders, Inc. v. Town of Southold. C5) Discussed decision on unsafe building hearing held on May 17th regarding the building of Henry A. Pollak, and (6) the building of Margaret Ciacia (see resolutions 31 and '32) . (7) Letter from the Suffolk County Archaeological Association/Nassau County -'Archaeological Committee calling the Board's attention to the fact that -the recent rapid development of the Town is destroying 176 MAY 31, 1988 an irreplaceable part of our cultural heritage--the unseen prehistoric and historic archaeological resources within the Town. Referred to the Planning Board and Town Attorney for study. (8) Notice of Affordable Housing Conference to be held at Poughkeepsie, New York on June 27th and 28th (see resolution no. 24) . (9) Request from The Parrish Art Museum to hold a concert on Southold Park District property at Horton Point Lighthouse. Board authorized Town Clerk to issue permit (this request was subsequently withdrawn) . (10) Supervisor requested permission to allocate funds for the production of a photo album - "Southold '88" to be sent to Southwoid, England. Board agreed. Funds to be taken from Historian budget and a transfer into that account will be made at a later date when needed by the 'Historian. (11) Receipt of voucher for payment in the amount of $5, 150.00 from Szepatowski Associates, Inc. relative to services in connection with the Local .Waterfront Revitalization Program agreement. At the present time the draft is not acceptable to the State. Town Attor will research provisions of the agreement before voucher is submitted for payment. (12) Memorandum from the County Executive's Office requesting ,establishment of a 45 mile per hour speed limit in Town waters (see resolutions no. 28 and 29) . (13) Supervisor advised Board Jim Gray has suggested the location of a police substation at the Feather Hill shopping complex. This will be discussed by. the Police Committee with Chief Winters. Most Board members feel substations in Orient and/or Laurel would be more acceptable. 12:45 P.M. - Recess for lunch. 2:30 P.M. - Board met with heating and air conditional expert R. Ghosio to discuss his evaluation of the systems at the Town Hall. Mr. Ghosio was asked to submit a proposal for his services to correct the systems. Also in attendance was C. Lutz of Energy Conservation Products. 2:55 P.M. - Work Session adjourned. REGULAR MEETING 3:00 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, May 31, 1988 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy -opened the meeting at 3:00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Town Clerk Judith T. Terry Town Attorney James A. Schondebare Absent: Councilwoman Ellen M. Larsen (ill) SUPERVISOR MURPHY: I would like to call this meeting to order. The first order of business is a resolution approving the audit of the bills of May 31st, 1988. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva,, it was RESOLVED that the following audited ,bills be and hereby are approved for payment: General Fund Whole Town bills in' the amount of $40,265.41 ; General Fund Part Town bills in the `amount of $11,861 .27; Highway Department Whole Town bills in the amount of $4,026.27; Highway Department Part- Town bills in the amount of $9,910.42; Fishers Island Ferry District bills in the amount of $13, 138.45; Fishers Island Agency and Trust bills in the amount of $23.53; Southold Wastewater Disposal District bills in the amount of $17,419.34; Fishers Island Sewer District bills in the amount of $277;92; Nutrition Fund bills in the amount of $6,577.41 ; Adult Day Care Program bills in the amount of $48.37; Home Aide Program bills in the amount of $20.73; Snap Program bills in the amount of $1,336.44; Agricultural Land Development Rights Capital Account bills in the amount of $850.00; Police Console Capital Account bills in the amount Of $11,185.50; Community Development Fund bills in the amount of $3,264.24. Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, .Supervisor Murphy. This resolution was declared duly ADOPTED. MAY 31, 1988 1 7 7 SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town Board meeting of May 17th, 1988. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the minutes of the May 17, 1988 regular meeting of the Southold Town Board be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is one to set. the next meeting for June 14th, 1988, 7:30 P.M., Southold Town Hall. I offer that resolution. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the next regular meeting of the Southold Town Board will be held on Tuesday, June 14, 1988, at 7:30 P.M., at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, at this time we have a special proclamation to be made by David Sinclair the Urban Forester from DEC. Toni (Antonia Booth, Town Historian) you want to come up, and the Tree Committee too? What members do you have here? Just one? Edward Dart. We knew we could depend upon you, Ed. URBAN FORESTER DAVID SINCLAIR: Okay, I'm a Forester with the Department of Environmental Conservation here on Long Island, and Department is awarding different communities around the State the Urban Forestry Award to recognize those communities that have conducted special projects for tree planting and beautification. The Town 'of Southold is receiving the award for the Southold Challenge, which was the tree planting project after the hurricane (Hurricane Gloria) . I'd like to present this to the Supervisor. SUPERVISOR MURPHY: Thank you, I appreciate it. We made Southold look a little better. URBAN FORESTER DAVID SINCLAIR: And going with the award is the seedling from the historic Washington Sycamore up in White Plains. That tree was historic because it was at the site of one of Washington's. headquarters in White Plains during Revolutionary War. SUPERVISOR MURPHY: Thank you very much. Ed, do you want to say anything? EDWARD DART, Chairman of the Southold Town Tree Committee: Well, only that Southold now has a Town Tree Committee and we are formulating a Tree Ordinance to try to preserve and protect some of the few trees that we have left along our Town roads and by-ways and so forth. So we're about ready to present something to the Town government that we hope can get in corporated into Town law to protect our trees and in general have more awareness of the benefit trees have in the Town and we want to start maintaining our trees,. doing some pruning and planting. There's a lot of bare areas that could surely use some of that. So it's a fun project to be involved with and I'm happy to be on the Tree Committee. SUPERVISOR MURPHY: Thank you, Ed. Toni, would you like to make a statement? (No.) We have all kinds of gifts today. We had this beautiful bowl for fruit, flowers, whatever, presented to us by some visitors from Denmark. And they also presented each one with a sug vase, named for the noise that it makes when you empty it. I. REPORTS. SUPERVISOR MURPHY: Okay, the first item on the Agenda are Reports, and these are all on file in 'the Town Clerk's Office: 1 . Times Mirror. Cable Televisio report for the month of April, 1988. 2. Building Department's monthly report for May, 1988. 3. Recreation Department's monthly report for May, 1988. 4. ' At this time I would like to ask the Councilmen if they have anything special to report, starting on m�7 left with Ray Edwards. -� JUSTICE EDWARDS: Yes, Frank. To begin with there were three of us from the Town Board, and Jim Hancock who is Chairman of the Fishers Island Garbage Committee who went down to Bio Cycle in Philadelphia. We had two very informative days on solid w_s to and recycling, which was, I think, the biggest thing that's going to be put before us in the next three or four years. Fishers Island is doing well. They're still not too happy with our Walsh Park A'1•fordable Housing gathering group over there. We were short-changed by two lots due to some people in the Planning Board. 178 MAY 31, 1988 The Board of Health okayed the 12. The Building Department okayed the 12. The Planning Board okayed the 12, and they come up with a little gimick where we're only going to get 10--for now anyway. Fishers Island was very busy this weekend. think they set an all-time record bringing motor vehicles over to the Island. Some- thing like 300 they brought over on Friday. This morning I could not fly out early because of the fog and I just-took a chance that I could fly later and not take the ferry. The ferryboat was completely full. - I• think they left 10 or 15 cans this morning that couldn't get back, but there was a special charter at 10:00 o'clock that was going to bring. them back. 1 had a beautiful flight over. The fields are green, ' and it's pretty hard to see the Town Hall from the air now with all these big beautiful trees with their leaves on. All in all it's been a pretty weekend. Oh, yes, I went down to our little local airport Monday morning just to drive around there, and there were 15 planes that were there for the weekend. So it's nice to have an airport in your backyard. Thank you. COUNCILWOMAN COCHRAN : Do you feel like you've got a zap? SUPERVISOR MURPHY: Jean. COUNCILWOMAN COCHRAN : Thank you. I would just like to report that the dedication of the Southold Town Green went very well Sunday. We had some lovely entertainment. It's unfortunate that we were scheduled to start at 1 :00 and the first entertainment group was 45 minutes late, so it kind of delayed the program and made some people restless, but all in all I would like to congratulate the Committee for the beautiful job that was done. It's like the old barn-raising when everyone cooperates and works together in a positive fashion and it all happens at no expense to the taxpayer, all through donations and volunteer time and it's kind of nice to know that that spirit still exists in Southold. I have very little to report because I was fortunate enough to have a week off and I traveled to Reno, Nevada. It's interesting now when travel, since I.'ve been in this position. It was for the National Bowling Tournament, and you meet and have the opportunity to speak with women from across the entire . United States and I don't just say, "Hi, how are you?" I now say, "What is your landfill? . What is your water situation?" And it's, just ingrain. It's part of something you do now as you travel. In Oregon they call it a groundfill. We call it a landfill. Reno is in- their second year a drought, and they feel that the drought .is going to continue for quite sometime. They're used to getting--in the Lake Tahoe area, over 400 inches of snow which they are not.getting, but there were just two little interestirl facts I'd like to share with you. We did do a paddle-wheel cruise on Lake Tahoe, which is absolutely the most magnificant location I've ever seen. the Lake itself is 99.7% crystal clear pure of pollution. It's an alpine lake. The filling of the lake--it's a very deep lake--but it comes, of course, from the falling of the snow on the mountains. There is some development along .the south side of the shore of the lake where Lake Tahoe Village is, and one of my first questions--what about septic and cesspools? Well, you're not allowed to build on the- lake unless you put in holding tanks, and then the holding tanks are pumped out, and this is the one way that they've been able to keep this lake as pure as it is. It picks up its color from the sky. So if you have a gray day it's one color. The day we were there it was the most magnificant beautiful blue sky you'd ever want to see, and the color of the water was Tidy Bowl. That's the color blue it .was. We said, "Look at all this Tidy Bowl." And the other interesting fact I found interesting was when we were up in---it does, Frank. It's the most beautiful blue you'd ever want to see. One of the gals said it's "Tidy Bowl", and I agreed with her. SUPERVISOR MURPHY: That's where they bottle it. COUNCILWOMAN COCHRAN : It's beautiful. But one other fact that I found very interesting, in the area of Lake Tahoe there are seven different volcanos, and they . showed "us--we were were on another tour--they showed us one volcano that has not had any snow stay on it for two years. When Mt. St. Helen erupted--which is 650 miles away from Mt. William, which was the volcano in the Lake Tahoe area;' it made the internal temperature of the volcano rise 51 0, so for the last few years when it has snowed the snow .melts off this particular mountain. But I found it interesting that a volcano would erupt 650 miles away and affect the one underground in Lake- Tahoe. I just wanted to share those things with you. All in all it was a nice trip. SUPERVISOR MURPHY: You didn't tell us the best part. COUNCILWOMAN COCHR--.%N: What's that? - SUPERVISOR MURPHY: Your winning.. COUNCILWOMAN COCHRAN: I didn't want to put that in the public record. But did come home a winner. I had my trip paid for out of my winnings. SUPERVISOR MURPHY: We won't report—ou. We won't say what your trip cost. MAY 31, 1988 179 COUNCILWOMAN COCHRAN : Thank you, Frank. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Compared to Jean's, mine is going to be fairly boring. On the 18th we had a Commerce and Industry Committee meeting. We discussed the parking situation in Southold Village, and possible ways to cure it. We decided to get a committee together to report on the need and placement of hamlet parking directional signs so people are aware of the parking areas that do exist at present. We also discussed very thoroughly the Chamber of Commerce's position on the Master Plan, our upcoming Master Plan. On the 24th I met with the Utility Committee of the Village of Greenport where we negotiated the hydrant rates for the East-West WAster District. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth? COUNCILWOMAN OLIVA: I just agree with Jean. It's terrible, wherever you do go, you start asking people, "What do you get for your water?" "Where do you put your garbage?" "Where does your sewerage go?" A little knowledge sometimes .is a terrible thing. Anyway, since the last time I was here--I wasn't here at the last Board meeting-- but ,on May 4th we had a Code Committee meeting which Ellen had reported on before. On May 5th there was a Coastal Erosion Conference in Riverhead which was very interest- ing about building homes and the problems involved in barrier islands, or in 'IV,, zones, which was a very interesting program: May 9th I attended the Planning Board. May 12th we had the Highway Committee and the League of Women Voter's dinner which Mr. Wickham gave a very interesting presentation. On May 13th I traveled to New York City to the Association of the. Bar. They were putting on a Waste Management Conference, ,and I found four things to be of particular interest, that they are even doing some source separation and pilot projects in Brooklyn with apartment houses, and it's working very well. Also there was a gentleman .there from the plastics industry, and they're becoming aware too of the need to recycle different plastic materials. So within the next year or two there will be a code embossed on the bottom of plastic bottles and you will be able to tell by that code what different type of resins are put into it, so therefore you will be able to recycle some in different ways. Also there was a gentleman there from the EPA who told us that the federal government is becoming more and more involved now with :landfills and solid waste management, and I was able to speak to him, and he was actually fascinated with the fact that we are going to have our own household hazardous waste building in the near future and he wants all the information about it,and as we progress along .' all the information how we're progressing about .for public relations tell other communities all over the country, because evidentially we're the first one he's even heard of in the entire country. And they were also most impressed with our household battery collection. No one else has been. doing that. So I think Southold is first in a few things here. We also had a presentation by Mr. Nosenchuck from the DEC and I must say I gave a copy of his remarks to the Boar..d. He was quite adament in his presentation that by 1990 he wants every landfill in .the State of New York closed. So we have a lot of work to do in the next two years..: From May 18th to May 20th I also attended the Bio Cycle Conference in Philadelphia. I found it to be most informative. It was a more positive approach I thought this year than last year. There were more and more people. It was extremely well attended. They're .really interested in finding out about recycling, about source separation, .separating out the composting facility. They're interested in a refuse drive too, but they really want more and more information on just not to go into incineration. So it was extremely well attended and very positive thing. On May 23rd I attended Long Island Regional Planning Board's Watershed Protection Area Advisory Committee. We had presentations by a couple different people from Nassau County. They sure have a lot of problems. They have like 700 sumps in Nassau County and yet only 25% of them are put in an area which can really contribute to groundwater protection. So they have work to do. And then the Assistant Director of Planning Arthur Kunz had been in a planning conference in Texas and he gave a short report on what they call the Edwards Aquifer there. It's just a narrow piece there and it's shaped like a tilted pan and it just really runs right off, so really when the rain falls the people are practically drinking it the next day. But,the interesting thing there is they have no zoning; no planning. So they have allowed buildings in areas that should never be built upon, that in the next . few year* they probably will have great, great problems with their water. On May 24th we had the Farmland Preserva- i_on Committee, and we are going to send some other farmland proposals to the County .for "the County acquisition. We also had a meeting of the Open Space Committee, an organizational meeting, and our chairman will be Art Ross, and we will be meeting with a couple of people on some open space propositions in our next meeting in Jt°�ne. May 25th was a Trustees meeting. May 26th I was very privileged to attend the dedication of a memorial plaque for William Smith and Harry Smith at the Informational Booth at Greenport by the Chamber of Commerce. May 29th I attended the Green Dedication here which was really quite lovely and very, very well done, and I certainly would add my thanks to Jean's to that of the Green Committee who worked so hard. On May .30th we attended the Cutchogue Parade with the dedication to the memorial dead down at the parade ground down in Cutchogue, and that was very well attended and was just a joy to be and see all the kids, they're so cute, looking at them. We met with some of our Danish friends from Denmark at a buffet last evening; 1 V O MAY 31, 1988 which also was most enjoyable. Also, there will be no Code Committee meeting tomorrow night, June 1st, because Jay can't be there or Rob, and we will reschedule that for next Wednesday, June 8th. Thank you. SUPERVISOR MURPHY: Thank you, Ruth. Ellen is missing today. She's had a badly impacted, infected tooth, and I guess it's taken out now and she still has quite an infection I guess. So I would just like to add a couple more. That Bio Cycle Conference thought was excellent, and I think an awful lot of good information came out of it. We had a very busy and very enjoyable week with the dedication of the Green and echoing everyone's sentiments I would like to thank the community for doing such a good job and presenting the Town with such a beautiful park. We did have--you talk of how when people come--in particular I met the people from Denmark last night. Je arranged a lovely party down there to meet different people, and they really were fan c, but the week before I had come in to my office the Rotary exchange people from the Philippines. They were professional people. I believe there were five of them, and started talking .about the Town, how the Town governs and all this, and the different departments, and within about .ten minutes we got on to landfills and garbage problems. We spent about an hour and. a half down at the landfill showing what we've done, talking about what they're doing and their various problems. So this is a serious problem and it's not just on Long Island, it throughout the whole world. Two weeks from now, from today, 10:00 o'clock in the morning, we are- going to have the dedication of our Stop Program building, household collection site, hazardous chemical collection site. The Commissioner of DEC will be down to help us dedicate the building--Commissioner Jorling and Harold Berger, plus we're _inviting everybody else. - We expect to go up to Albany very shortly with Dr. Epstein to meet with 'Norman Nosenchuck from the DEC and the NYSERTA people on funding for our program down. here in Southold. So it does look very good. ll. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on the agenda. There are three public notices. These are all on file on the Town Clerk's Bulletin Board. 1 . New York State Department of Transportation expands a 30 mph area speed limit in the northerly portion of Peconic and southold to include the area bounded by Mill Road, 'Long Island sound and C.R. 48. 2. U. S. Army Corps of Engineers notice of application of West Lake Association to bulkhead, fill and dredge with 10 years maintenance at West Lake, Hog Neck Bay, Little Peconic Bay, Cedar Beach, Southold. Comments by June 10, 1988. 3. New York State Department of Environmental Conservation notice of application of William A. Lindsay, Jr. to install an 8 inch diameter well with a pump having 300 gpm capacity, to a depth of 90 feet for farm irrigation at farm property bordering on Bergen Avenue near its intersection with Cox Neck Road, Mattituck. Comments by June 10, 1988. _ Ill. COMMUNICATIONS. SUPERVISOR MURPHY: There was one Communication and it was from the D.EC, Commissioner Thomas C. Jorling, concerning workshops and public hearings on the 6 NYCRR Part 360 Regulations, Solid Waste Management Facilities, and 6 NYCRR Part 219 Regulations, Air Emissions from Incinerator Facilities. This again is on file in the Town Clerk's Office. IV. PUBLIC HEARINGS. (None) V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to Resolutions, and at this time I would like to remind everybody of the Town Board's policy. If you would like to address the Town Board on any of the proposed resolutions, -any that are listed on your Agenda you may do so now. We will have a period of time after the meeting where the Town Board will listen to anyone's comments on any subject whatsoever. So at this time I'd like to ask anyone, in the audience if they would like to address the Town Board on any of the proposed resolutions? (No resp6ii8e.) Hearing none we'll move on tb the first one which is to enact a Local _Law. 1 .-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 16 - 1988 was introduced at a meeting of this Board held on the 19th bay of-April, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 17th day of May, 1988, at which time all interested persons were given an opportunity to be, heard there- on; now, therefore, be it RESOLVED that Local Law No. 16 - 1988 be enacted as follows: LOCAL LAW NO. 16 - 1988 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of tfile Town of Southold as follows: MAY 31, 1988 181 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. 11. This Local Law shall take effect upon its filing with the Secretary of State. 1.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Number 2 is a budget modification to the General Fund, Whole Town of $100.00. 1 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 the follow- ing 1988 Budget modification to the General Fund - Whole Town: To: A1355.2 Assessors, Equipment $100.00 From: A1355.4 Assessors, Contractual Expenses $100.00 to provide additional budget for Assessors' equipment. 2.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny; Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is a budget modification in the 1988 Budget for the General Fund, Part Town for zoning equipment for $30.00. 1 offer that resolution. 3.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- ing 1988 Budget modificastion to the General Fund - Part Town: To: B'8010.2 Zoning, Equipment $ 30.00 From: B8010.4 Zoning, Contractual Expenses $ 30.00 to allow for additional purchase of Board of Appeals equipment. 3.7Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is a budget modification, General Fund, Whole Town, for Community Environmental Trees, Contractual Expenes of $450.00. 1 offer that resolution. 4.-Moved by Supervisor Murphy, -seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- ing 1988 Budget: modification to the General Fund - Whole Town: To: A8560.4 Community Environment - Trees $450.00 Contractual Expenses From: A1990.4 Contingent, Contractual Expenses $450.00 to establish a budget for Tree Committee miscellaneous expenses. 4.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.. SUPERVISOR MURPHY: And Number 5 is to accept a proposal for the Cutchogue Library. S.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Environment East, Inc., in the amount of $4,685.00, for the construction of a handicap . access ramp and door at the Cutchogue Library; •said amount to be paid with Community Development Year 13 funds. 5.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared_ duly ADOPTED. 4 _ SUPERVISOR MURPHY: Number 6 is *a_ designation of non-significance on a proposed zone change. G.-Moved by Councilwoman -diva, seconded by Councilman Penny, it was .RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review, and 6NYCRR Part 617, Section 617.10, and .Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined. that the project Y-,which is unlisted, will not have a significant effect on the environment. Description of Action: Petition of Harold Reese for a change of zone from "C" General Industrial District to "A" Residential and-Agricultural District on certain property located north of Route 25, East Marion, New York. The project has been determined not to have a significant effect on the environ- ment because an environmental assessment has been submitted which indicated that no 1 V 2 . MAY 31, 1988 significant adverse effect to the environment are likely to occur should the project be implemented as planned, and because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed there is no objection from that agency. 6.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number. 7 is to set a public hearing for Harold Reese, 8:00 o'clock on Tuesday, July 12th, 1988, Southold Town Hall, on that proposed zone change. I offer that resolution. 7.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, Harold Reese, by petition dated April 12, 1988, petitioned the Town Board of the Town of Southold for a change of zone on certain property located north of Route 25, East Marion, from "C-1" General Industrial District to "A" Residential and Agricultural District; said property bounded and described as follows: BEGINNING at a point marked by a pipe on the westerly line of land of Harold Reese, Sr. S Harold Reese, Jr. at the northwest corner of the land now or formerly of Frank R. Russel, which point is north 77 degrees 35 minutes 27 seconds west 1578.22_ feet from Suffolk County Monument No. 10*-1243, said monument being north 334,063.87 feet east 2,460,282:43 feet in New York State Plane Coordinate System, Long Island Zone; running thence south 77 degrees 58 minutes 14 seconds west along the land now or formerly of Ronald Edeen, Jr., a distance of 155.85 feet; thence south 74 degrees 31 minutes 54 seconds west, still along the land now or formerly of Ronald Edeen, Jr., a distance of 59.26 feet to the land nwo or formerly of Frank E. and Ethel M. Begora; thence south 78 degrees 29 minutes 54 seconds west along the land now or formerly of Frank E. and Ethel M. Begora, a distance of 295.42 feet; thence south 27 degrees 28 minutes 06 seconds east still along the land now or formerly of Frank E. and Ethel M. Begora, a distance of 11 .58 feet to the land now or formerly of Myron B. Brown; thence south 76 degrees 28 minutes 04 seconds west along the land now or formerly of Myron B. Brown, a distance of 180.74 feet to the land now or formerly of Robert S. and Helen M. Koch; thence north 24 degrees 08 minutes 36 seconds west along the land now or formerly of Robert S. and Helen M. Koch and along . land now or formerly of Dorothy E. Cook, a ditance of 932.76 feet; thence south 65 degree! 51 minutes 24 seconds west still along the land now or formerly of Dorothy E. Cook, a ° distance of 137.75 feet; thence north 24 degrees 41 minutes 56 seconds west still alonc, ie land now or formerly of Dorothy E. Cook, a distance of 529.80 feet; thence north 23 4 degrees 47 minutes 16 seconds west still along the land now or formerly of Dorothy E. Cook, a distance of 269.74 feet; thence north 65 degrees 51 minutes 34 seconds east still along the land now or formerly of Dorothy E. Cook, a distance of 141 .21 feet; thence north 24 degrees 08 minutes 36 seconds west still along the land now or formerly of Dorothy E. Cook, a distance of 206.00 feet; thence north 25 degrees 26 minutes .56 seconds west still along the land now or formerly of Dorothy E. Cook, a distance of 311 .78'feet to the land now' or formerly of Otto Uhl, Jr., and other; thence north 61 degrees 16 minutes 04 seconds east along the land now or formerly of Otto Uhl, Jr., and others, a distance of 156.76 feet to the land now or formerly of Spencer Terry, Jr. ; thence south 25 degrees 31 minutes 36 seconds east along the land now or formerly of Spencer Terry, Jr. , a distance of 836.45 feet; thence north 65 degrees 47 minutes 54 seconds east, still along the land now or formerly of Spencer Terry, Jr. , a distance of 288.00 feet to land now or formerly of Harold Reese, Sr. and Harold Reese, Jr. ; thence along the land of Harold Reese, Sr. and Harold Reese, Jr. , the following ten (10) courses and distances: (1) south 24 degrees 12 minutes 06 seconds east, a distance of 114.00- feet; (2) north 63 degrees 38 minutes 54 seconds east, a distance of 132.47 feet; (3) south 31 degrees 31 minutes 06 seconds east, a distance of .365.92 feet; (4) south 26 degrees 17 minutes 26 second east, a distance of 243.77 feet; (5) south 27 degrees 12 minutes 56 seconds east, a distance of 125.51 feet; (6) south 25 degrees 15 minutes 46 seconds east, a distance of 89.21 feet; (7) south 26 degrees 13 minutes 26 seconds east, a distance of 340.95 feet; (8) south 26 degrees 01 minutes 36 seconds east, a distance of 84.75 feet; (9) south 27 degrees 23 minutes 06 seconds east, a distance of 92.49 feet; (10) south 24 degrees 53 minutes 26 seconds east, a distance of 106.94 feet to the point or place of BEGINNING; and WHEREAS, the Southold Town Planning Board ,and Suffolk County Department of P_lann have prepared official reports and recommendations on the aforesaid petition; now, thel,- fore, be it RESOLVED that the town Board hereby sets 8:00 P.M. , Tuesday, July 12, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the petition of Harold Reese for a 'change of zone, at which time any person desiring to be heard should appear at -the time and place above so specified; and be it further RESOLVED that the Town- Clerk be and she -hereby is authorized and directed to cause notice of said hearing to be published in the official newspapers pursuant ,to the require- ments of law. 7.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. MAY 31, 1988 183 SUPERVISOR MURPHY: 'And Number 8 is to authorize the Town Clerk to advertise for bids. 8.-Moved by Justice Edwards, seconded by Councilwoman Oliva, 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 the following 'items for the Superintendent of Highways: -1 . 5,000 linear feet of snow fence with pickets 1-1 /2 x 3/8 inches, spaced 2 inches apart, 4 feet high stained red, with five (5) double strands of 12-1 /2 gauge galvanized wire in 100 linear foot rolls; more or less as may be needed. 2. 500 - 6 ft. studded steel 'IT" posts with flanges or anchor plates on posts, posts shall not be less than 8.65 lbs. each; more or less as may be needed. 8.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is to grant permission to Victor Lessard and Tom Fisher to attend a New York State Building Officials Conference. 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 grants permission to Victor Lessard and Thomas Fisher to attend the New -York State Building Officials Conference, Inc. to be held from September 21 through 23, 1988, at the Fallsview Hotel Ellenville, New York, and the actual expenses for travel, meals and lodging shall be a legal charge against the Building Department's 1988 Budget. 9.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 10 is to authorize the hiring of a real estate appraiser for the Farmland Preservation Committee. I offer that resolution. 10.--Woved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Farm- land Preservation Committee to engage the services of Andrew Stype to conduct three appraisals: Puglise property, Cutchogue; Shalvey property, Cutchogue; Gatz property,, Mattituck, at $600.00 per appraisal; and be it further RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to execute agreements between the Town and Mr. Stypefor the aforesaid services. 10.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution wasdeclared duly ADOPTED. SUPERVISOR MURPHY: And Number 11 is to an allocation of funds. 11 .-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $3,000.00, as Southold Town's share, for the employment of James A. Faraldi & Associates to represent the East End Towns in Albany with respect to the Land Bank Bill; said payment to be made to the East End Supervisor's Association in two equal payments. 11 .-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 12 is to appoint a Special Bay Constable. 12.-Moved by Justice.Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby, appoints Dennis D. Crowley,-Jr. as a Special Bay Constable for the purpose of patrolling the water- ways in and about Mattituck Creek; and be it further' RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to execute an agreement between the Town and Dennis D. Crowley, Jr. to perform Special Bay Constable,I services for the Town, and in connection therewith to patrol the waterways in and about Mattituck Creek, he to supply his own boat, at a fee of $7i50 per hour, plus an allowance of $250.00 during the term of the agreer,-.ent for servicing his equipment; said agreement. to commence on June 1, 1988 and end on September 5, 1988. 12.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, •Councilwoman Cochran, -Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to accept a bid. 184 MAY 31, 1988 Rescinded 6/14/88-Resolution #3 13.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors, Inc. , in the amount of $8,690.00, for supplying the Town with one (1) 2-Wheel Drive Pick-Up for the Recreation Department, all in accordance with the bid specifications. 13.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to accept another bid. 14.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors, Inc., in the amount of $13,247.00, for supplying the Town with one (1) 7-Passenger Van for the Town Hall, all in accordance with the bid specifica- tions. 14.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 15 is to appoint swimming instructors. 15.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as Swimming Instructors, 15 hours per week, effective June 27, 1988 through August 5, 1988: Alycia Tozar: $7.00 per hour; Kristen Tozar: $6.00 per hour; Margo Everitt; $6.00 per hour. 15.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly. ADOPTED. SUPERVISOR MURPHY: Number 16 is to appoint a Tennis Instructor. 16.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mike Drozd as a Tennis Instructor, 10 hours per week, effective July 5, 1988 through August 25, 1988, at a salary of $12.00 per hour. 16.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoma Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to grant permission for the three Building Inspectors to attend a seminar in Albany. I offer that resolution. , 17.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to three (3) Building Inspectors to attend an Educational Seminar concerning access to the physically handicapped, sponsored by the Capital District Chapter of the New York State Building OFficials Conference, on Wednesday, June 22, 1988, from 9:00 A.M. to 3:00 P.M., at Albany, New York, and the necessary expenses for travel, meals and $25.00 registration fee per Building Inspector shall be a legal charge against the 1988 Building Department Budget. 17.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is a resolution to force the applicants to defray the cost of reviewing the draft environmental impact statement, which includes a scoping session, and that a deposit in the amoutn of $2,000.00 shall be paid to the Town prior to the date of the scoping session. I offer this resolution. 18.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Towm--of Southold, in accordance with Chapter 44, Section 20 of the Code of the„Town of Southold and Part 617 NYCRR, that applicants are required to defray the cost of 'reviewing a Draft Environmental Impact Statement, which includes a scoping session, and that a deposit in the amount of $2,000.00 shall be paid to the Town prior to_ the date of the scoping session. 18.-Vote of the Town Boa-:��d: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards,. Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is a special one also regarding a deposit with respect to the petition of Carr/Wanat for a change of zone. 19.-Moved by Supervisor Murphy, seconded-by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 44, Section 20 of the Code of the Town of Southold and Part 617 NYCRR, hereby MAY 31, 1988 185 determines that a deposit of $2,000.00 shall be paid for scoping session and review of the Draft Environmental Impact Statement with respect to the Carr/Wanat petition for a change of zone. 19.-Vote of the Town Board.: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 20 is another one on the petition of Southold Villas for a change of zone. I offer that resolution. 20.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 44, Section 20 fo the code of the Town of Southold and Part 617 NYCRR, hereby determines that a deposit of $2,000.00 shall be paid for scoping session and review of the Draft .Environmental Impact Statement, prior to the date of the scoping session, with respect to the petition of Southold Villas, Inc. for a change of zone. -20.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is the same with respect to the Griswold-Terry- Glover Post No. 803 for a change of zone. I would like to hold this one. COUNCILWOMAN COCHRAN: Why? SUPERVISOR MURPHY: Do you •want to charge them the money? COUNCILWOMAN COCHRAN: They are a non-profit organization, but it's a change of zone. SUPERVISOR MURPHY: Jay, do you have any comments on it? TOWN ATTORNEY SCHONDEBARE: You never waived before, so I don't know why . you're doing it now. COUNCILWOMAN COCHRAN: True. No exceptions. SUPERVISOR MURPHY: Go ahead, Judy, I'll withdraw my proposal to hold. 21 .-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 44, Section 20 of the Code of the Town of Southold and Part 617 NYCRR, hereby determines that a deposit of $2,000.00 shall be paid for scoping session and review of the Generic Draft Environmental Impact Statement, prior to the date of the scoping session, with respect to the petition of the Griswold-Terry-Glover Post No. 803 for a change of zone. 21 .-Vote of the Town Board: Ayes: Councilwoman Oliva,' Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to authorize an advanced fee payment. 22.-Moved by Councilwoman Oliva, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advanced fee payment in the amount of $100.00, representing a down-payment for the Saturday, August 16, 1988 fishing trip with Captain John Scanlan; check made payable to John Scanlan; said charge to be made to A7320.4, Joint Youth. 22.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy: This resolution was declared duly ADOPTED. . SUPERVISOR MURPHY: Number 23 is to go on record in support of Senate and Assembly :bills .regarding police and fire retirement benefits. I offer that resolution. T _ 23.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record in support of Senate Bill No. 3632-C and Assembly Bill NO. 5608-C, entitled "AN ACT to amend the retirement and social security law, in relation to. the additional pension benefits payable to certain members of the New York State and local police and fire retirement system"; and directs the Town Clerk to transmit a copy of this resolution to Melvin H. Miller, Speaker of the Assembly, Senator Caesar Trunzo, and Assembly- man Anthony S. Semimerio. 23.-Vote.:V the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. Abstain: Councilwoman Cochran. This resolution was declared duly ADOPTED. 1 8 6 MAY 31, 1988 SUPERVISOR MURPHY: And Number 24 is to authorize Town Board. members to attend an Affordable Housing Conference. 24.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Town Board members to attend an Affordable Housing Conference to be held at Poughkeepsie, New York on June 27 and 28, 1988, and the nonmember registration fee of $125.00 per person and actual expenses for travel, meals and lodging shall be a legal charge against the 1988 Budget. 24.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoma Cochran, Justice Edwards, Supervisor Murphy.. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is to authorize a cash advance. I offer that resolution. 25.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a $61 .00 cash advance for transportation for Assistant Town Attorney Robert Berntsson and Planner Valerie Scopaz for their trip to a conference in Rhode .Island. 25.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman . Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to appoint Laure Carlisle as an instructor for recreation programs. 26.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Laura Carlisle as an Aerobics Instructor, $20.00 per hour; Walkabout Program Leader, for scenic walks throughout Southold town, $15.00 per hour; and Baton Twirling Instructor, $15.00 per hour; program period from July 5, 1988 through August 29, 1988, 6 hours per week. 26.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 27 is to set a public hearing for the fire hydrant contract with the Village of Greenport. 27.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. ,, Tuesday, June 14, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place fora public hearing for the purpose of considering a proposed contract with the Village of Greenport, for the furnishing of water for fire protection purposes by said Village to the Fire Protection District established in the Town and known as "East-West Greenport Fire Protection District, Town of Southold, New York", for a term of five years, and for such service the Town shall pay the Village the following sums: 1988 - $80.00 per hydrant, 1989 - $85.00 per hydrant, 1990 - $90.00 per hydrant, 1991 - $95.00 per hydrant, 1992 - $100.00 per hydrant. 27.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 28 is a resolution changing our Code to establish a 45 mile per hour speed limit on Town waters. I offer that resolution. Amended 6/14/88- Resolution #7 28.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that pursuant to Section 32-36.A of Chapter 32 of the Code of the Town of Southold,-the Town Board of the Town of Southold hereby limits the speed of boats in the waters, of the Town of Southold to 45 miles per hour, effective immediat 38.-Vote of the Town Board.: Ayes: Councilwoma&'Oliva, Councilman Penny, Councilwoma Cochran, Justice Edwards, Super-.vi or Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is to set a public hearing on a proposed Local Law. I offer that resolution. Rescinded 6/14/88-Resolution #6 29.-Moved by Supervisor Murphy, 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 Boats,' Docks and Wharves"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M. , Tuesday, June 14, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which---'eads as follows, to wit: MAY 31, 1988 1 .87 LOCAL LAW - 1988 A Local Law in relation to Boats, Docks and Wharves BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold is hereby amended as follows: 1 .- Section 32-36.A is deleted. 2. A new section 32.36.A is added to read as follows: A. No boat shall be operated in the waters of the Town of Southold in excess of forty-five (45) miles per hour. If. This Local Law shall take effect upon its filing with the Secretary of State. 29.-Vote .of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN PENNY: Is this the same as the prior resolution? TOWN ATTORNEY SCHONDEBARE: We researched it and I think we're better off with a Local Law rather than just a resolution. Do the resolution and we have it and then we'll go and do the Local Law. SUPERVISOR MURPHY: Number 30 is to authorize the drilling of-two test wells for the water mapping on Fishers Island on Town highways. I offer that resolution. 30.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Ground Water Inc., Mi.ddletown, Connecticut, to install two (2) test wells on Town of Southold property at Fishers Island (well sites as shown on location maps on file in the Town Clerk's Office) ; installation to be under the supervision of the Fishers Island Utility Company; provided they secure and file with the Town Clerk a Certificate of Insurance naming the Town of Southold as an additional in 30.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, we are going to discuss two inspections that were made of unsafe buildings after the meeting, but to save time is there anyone here who would like to address the Town Board at this time? Yes, .sir?. JOHN TUTHILL: I'm John Tuthill of Orient. I guess it's no surprise I want to talk about the planned State take-over of some land around Hallocks Bay. Now, about . four weeks ago we talked about maybe the Town Board would help us, and since new information has come up, I would like to continue that discussion a little bit on this help. To give you a definition of what we're talking about, we're not asking the Town Board to go to war with the State, we're just asking you to make a resolution to write a letter to Harold Berger to have him come down here and talking to us as a group. Now, we didn't get very far the first time around, so we landowners wrote some letters after that meeting. We wrote three letters and they're all the same. And we wrote one to Assemblyman Sawicki, one to LaValle and one to Governor Cuomo, and in each one .of them we asked them if they would get in touch with Harold Berger and ask him to come and talk to us as a group. And in that letter we stated what we would like to talk to Harold Berger about. Now, again nobody will be surprised if the first thing we wanted to talk to him about was that we do not want to sell our land. Now, the second thing we want to talk to him about was that this is a private property take-over and not an environmental issue. Since there are now Town, County and State laws to adequately protect the wetlands. Now, this is where a new item came in providing talking about private property take-over. As you people probably noticed in The Suffolk Times last week, there was a copy of a letter that Greenport-Southold Chamber of Commerce sent to Governor Cuomo on, this same subject, and I would like-to read part of it to make it.a part of this meeting. And it went like this: "The Assembly hearing which was held last year reveals the high-handed tactics of the DEC. The desire and methods used by the DEC Are shown in recent attempts of the DE.0 to seize properties in Orient against the landowner's wishes. These- properties have been preserved for generations by private ownership and have shown a respect for nature. These- properties pay taxes to the Town of Southold. and are basically unbuildable lots.`~ Why remove them from the tax rolls? The whole operation of the DEC is similar to Nazi Germany. . .in the same manner as the Gastopo. What has happened to our property rights in New York State? According to the local newspapers the<=DEC is unwilling to discuss the proposed seizure of their .Property with the property owners. The DEC apparently has no respect for our elected -Town officials either. This is not an isolated case. This is an infringement on our Constitutional rights." This is written by Richard Wilton, President, on behalf of the Board of Directors of the Southold Chamber of Commerce. So I was glad to have tha-tStatement too, because that's the way we've been feeling and that is the reason we would like to have some help from you people along that same line so that we can get that across to Harold Berger.-'-" Now, the third thing we wanted to tell Harold was that--this is number three: Why does the State really want to buy our property? 188 MAY 31, 1988 They already own Long Beach State Park, and with this acquisition will own over 300 of Orient. We hope Harold Berger will understand that we don't want to be over- whelmed by the State. More State purchases, four lane roads and little Orient will be gone. So it's really an important thing to us that we don't lose Orient. So again wish that you would help us. Ruth, at one time you said you would make the motion to get somehigh DEC officials out here to talk to us, and now is a good time to make that motion. COUNCILWOMAN OLIVA: Well, as I had told you we did speak to Harold Berger about coming down and he said he did not feel it would be effective to talk to the group as a whole, but would be happy to answer any individual questions that you have. So I think. . . . . . . . JOHN TUTHILL: But I think you could write a letter with the backing of the whole Board and at least give him an indication that everybody down here in Southold Town is interested in at least being able to talk to the DEC. COUNCILWOMAN OLIVA: Well, that you'd be able to do by discussing it with Harold Berger yourself. JOHN TUTHILL: Well, we want to talk to them as a group. COUNCILWOMAN OLIVA: There again we presented your opinion and he gave 'us his opinion, so. . . . . JOHN TUTHILL: Can this letter be written? We would like to have the Town Board write this letter and ask him to come down. And we hope that these other letters-- maybe the Senator and the Assemblyman and the Governor will also help. But I think that it would be good if you people could, as a whole, go on record with a letter and ask him. Could we do that? COUNCILWOMAN OLIVA: Again I feel that we have asked Mr. Berger and we had many of the officials there, that they felt that a lot of your concerns were so individual that to speak to you as a group as a whole would be rather fruitless, because there's so many- conflicting things, that they would talk to individuals, because, John, if you don't want to sell it you will tell them "no". That's it. When they come. JOHN TUTHILL: Sure, and then what do they do? COUNCILWOMAN OLIVA: I don't think that--you know, the State or any governmental agency is in the process of taking property away. I really don't. JOHN TUTHILL: With Gids Island they're doing it right now. COUNCILWOMAN OLIVA: That was a very special case, because they could not really build upon it because the thing is- flooded and you and I both know it. JOHN TUTHILL: But it's no more special then the rest of Hallocks Bay. SUPERVISOR MURPHY: All right, this is not a debate, Mr. Tuthill. You're here to address the Town Board if you'd like. . Do you have anything else? JOHN TUTHILL: I am addressing the Town Board. I wish you'd write this letter. SUPERVISOR MURPHY: Thank you. Is there anyone else who would like to- address the Town Board? COUNCILWOMAN COCHRAN: I would like to remark to John that you have my support as far as the letter is concerned. JOHN TUTH+LL: Thank you. COUNCILMAN PENNY: I'd love to write the ;getter, John. You know that. Y _ JOHN TUTHILL: I know it. I know it. LLOYD TERRY: Mr. Chairman, I would like----- SUPERVISOR MURPHY: Would you identify yourself, sir. LLOYD TERRY: Lloyd Terry, Orient. As most of you know, the State promised certain things to the people of Orient when they took over Long Beach as State Park, and when the hurricane washed out the road, I think it was in 138, they conveniently saw fit to condemn all those projects. Now, understand that that was at the time of the depression and everybody was sNort on money. Now we have 4 million dollars just burning a hole in certain pockets, and with th-8ft- in mind they want to take over MAY 31, 1988 189 more land. Now,they already have at least a mile 'of beautiful gravely beach on the north side of Long Beach. West of Pete Neck they promised a dock and this was a project that would benefit many, many people, not only local, but a beach and a new road and a dock I think people would get their money's worth. I don't see any reason why they should just sit like a dog in a manger on land they already had and already had promised to do certain things to, and then they just reneged on it. 1 don't see how you can build up any confidence in a situation like that. We have no idea what they intend to use this tidal land for if they do take it, to say nothing of the buffer zone. I understand they've gone inland and take some of our best farmland. This is maybe like Russia, as well as Nazi Germany. Thank you very much. SUPERVISOR MURPHY: Thank you, sir. Is there anyone else who would like to address the Town Board? (No response.) If not, I will entertain a motion to recess. JUSTICE EDWARDS: Just a moment I have something to say. SUPERVISOR MURPHY: Oh, go ahead.. I'm sorry. JUSTICE EDWARDS: It was about 1 think the end of April or beginning of May that Councilwoman Cochran questioned one of the resolutions about the Fishers Island Ferry. Every time they haul the boat out there's a contract in there so much per sacrificial zinc, so she asked what a sacrificial zinc was. So when they hauled out the Race Point I had one put aside and I'm going to present Mrs. Cochran with a sacrificial zinc. It came off of the Race Point and it made at least 300 round trips to Fishers Island. COUNCILWOMAN COCHRAN: That's fascinating. This is zinc? -JUSTICE EDWARDS: That's one of about 50 that they removed off the boat and put new ones on. COUNCILWOMAN COCHRAN: Okay, thanks to Fishers Island and to Judge Edwards. It's something I've always wanted. JUSTICE EDWARDS: You can use that for your rock garden. COUNCILWOMAN COCHRAN: I shall treasure it always. Thank you. Thank you. SUPERVISOR MURPHY: Judge, do we have any more presentations?: JUSTICE EDWARDS: No, nothing at the present time. SUPERVISOR MURPHY: Okay, anyone else like to address the Board? (No response.) All right, I'd like to entertain a motion to recess for the time it takes discuss these two unsafe buildings. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 4:00 P.M. , for the purpose of discussing pending decisions with respect to two unsafe building hearings. Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 4:15 P.M. SUPERVISOR MURPHY: I will reconvene this meeting. Resolution No. 31 is the decision on the Henary A. Pollak unsafe building hearing. I offer that resolution. 31 .-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, the Building Inspector of the Town of Southold has made a formal inspection of the premises owned by Henry A.. Pollak, premises described in a deed dated Dec- ember 16,: 1952.'from Beulah T. Cooper, recored in the Suffolk County Clerk's Office in Liber 3452 Page 99, also referred to as: Suffolk County Tax Map designation: District 1000, Section 126, Block 07.00, Lot__001 .000, and thereafter prepared a written report thereon and filed the same in his office; and WHEREAS, it was deteremined by the Building Inspector that the building or structure on said premises is dangerou.s or unsafe to the public; and WHEREAS, the Building Inspector promptly thereafter served a notice on the owner, their agent, or other persons having an interest in said property, pursuant to the provisions of Chapter 90 of the Southold Town Code; and WHEREAS, said Notice required that the owner of said premises either make the building on the premises safe and secure, or remove the same, and secure the perimeter of the property to prevent unauthorized persons from entering the property, said work to commence within ten (10) days from the date of service .of'the. notice and shall be com- pleted within thirty (30) days thereafter; and 190 MAY 31, 1988 WHEREAS, the owners of said premises has neglected or refused to comply with the . provisions of said notice within the time specified therein; and WHEREAS, a public hearing on said matter was held by this Board on the 17th day of May, 1988; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS: 1 . That based upon the written report prepared by the Building Inspector and filed in his office and upon the evidence given by said Building Inspector at the hearing held on May 17, 1988, this Board does hereby determine that the building or structure located on said premises is unsafe or dangerous to the public. 2. That this Board does hereby determine and order that the owners of the build- ing or structure on said premises shall repair said building or structure to the appr I of the Building Inspector, or remove the building or structure on said premises on o before the 1st day of December, 1988. 3. In the event that the owners shall neglect or refuse to repair or remove said structure from said premises within the time specified in the preceeding paragraph, then and in that event the Supervisor be and he hereby is authorized and directed to procure estimates for the removal of the building or structure on said premises and submit the same to this Board forits consideration as soon thereafter as possiible. 4. That thereafter this Board shall, based upon such estimate, provide for the letting of a contract for the taking down and removal of the building or structure on said premises. 5. That the cost and expenses of the taking down and removal of the building or structure on said premises shall be collected by the Town of Southold in the manner provided for in Section 90-9 of the Code of the Town of Southold. 6. It is further ordered that a certified copy of this resolution be sent by the Town Clerk to the owner of said premises by registered mail, return receipt requested, within three days of the date hereof. 31 .-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.. SUPERVISOR MURPHY: The next one is a decision on the Ciacia property. I offer that resolution. 32.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, the Building Inspector of the Town of Southold has made a formal inspecti of the premises owned by Margaret Ciacia and referred to as: Suffolk County Tax MZ designation: District 1000, Section 053.00, Block 01 .00, Lot 004.000, and also known 446 Main Road, Greenport, New York, and thereafter prepared a written report thereon and filed the same in his office; and WHEREAS, it was determined by the Building Inspector that the building or structure on said premises is dangerous or unsafe to the public; and WHEREAS, the Building Inspector promptly thereafter served a notice on the owner, their agent, or other persons having an interest in said property, pursuant to the provisions of Chapter 90 of the Southold Town Code; and WHEREAS, said notice required that the owner of said premises either make the build- ing on the premises safe and secure, or remove same, and secure the perimeter of the property to prevent unauthorized persons from entering the property, said work to commence within ten (10) days from the date of service of the notice and shall be com- pleted within thirty (30) days thereafter; and WHEREAS, the owners of said premises has deglected or refused to comply with the provisions of said notice within the time specified therein; and WHEREAS, a public hearing on said matter was held by this Board on the 17th day of May, 1988; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS: 1 . That based upon the written report prepared by the Building Anspector and filed in his office and upon the evidence given by the Building Inspector at the hearing held on May 17, 1988, this Board does hereby determine that the buildings or structures located on said premises are unsafe or dangerous to the public. 2. That this Board does hereby determine and.order that the owners of the buildings or Ittr.uctures on said premises shall erected a six (6) foot high chain link fence around the immediate area of the buildings, acceptable and approved by the Building Inspector, within fifteen (15) days from this date, and the owners of the buildings or structures on said premises shall make safe, to the approval of the Build- ing Inspector, or remove the buildings or structures on said premises on or before the 30th day of June, 1988. 3. In the event that the owners shall neglect or refuse to fence and secure or take down and remove the structures from said premises within- the time specified in the 'j�receeding paragraph, then and' in that event the Supervisor" be and he hereby is authorized and directed to procure estimates for the removal of the buildings or structure; on said premises and submit the same to this Board for its consideration as soon there- after as possible: .4kY That thereafter this Board- shall, based upon such estimate, provide for the leeting of a contract for the taking down and removal of the buildings or structures on said premises. MAY 31, 1988 191 5. That the cost and expenses of the taking down and removal of the buildings or structures on said premises shall be collected by the Town of Southold in the manner provided for in Section 90-9 of the Code of the Town of Southold. 6. It is further ordered that a certified copy of this resolution be sent by the Town Clerk to the owner of said premises by registered mail, return receipt requested, within three days of the date hereof. 32.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Any Town Board members have anything else to say? (No response.) Motion to adjourn is in order. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 4:20 P.M. Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution .was declared duly ADOPTED. Judith T. Terry �� Southold Town Clerk .r. tw -.a