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HomeMy WebLinkAboutTB-08/09/1988 259 SOUTHOLD TOWN BOARD AUGUST 9, 1988 WORK SESSION, Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (9:45 A.M. ) , Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth D . Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare. 9:.15 A.M. - For .D.iscussion Items:, (7) Discussed proposed "Local Law in Relation to Environmental Quality Review" (see resolution no. 9) . (8) Discussed proposed "Local Law in Relation to Zoning", certificate of occupancy/abstract of title (see resolution no. 10) . (9) Discussed proposed "Local law in Relation to Zoning", land clearing (see resolution no. 11 which was defeated and this will be returned to the Code Committee) . 9:30 A.M. -. Vincent .Donnelly, Nelson & Pope Consulting Engineers, made a presentation to the Board with respect to a proposed Comprehensive Traffic Study of the Town of Southold. Mr. Donnelly reviewed the tasks his firm would undertake if chosen to do the study: define the study network, obtain) all available traffic volume data, analyze the date to provide a base which would detail historical traffic growth, estimate future growth, recommend highway .improvements, need for improved municipal parking facilities, feasibility of bicycle and exercise tracts. Mr. Donnelly estimates the complete study would cost approximately $45,000. 00. The Board expects to hear other presentatior fo,r ;such a study in the near future. 10:30 A.M. - Gary Loesch and Mike Tumulty, Holzmacher, McLendon & Murrell-, P.C. , met with the Board to review the proposed Hydrogeologic Field Investigation Work Plan for the Landfill Expansion, as required by the DEC because of their concern over groundwater contamination from landfilling, and the potential of prior activities at Y the site impacting groundwater quality. This :is to be undertaken as part of the Part 360 application for the landfill expansion; and will include drilling of groundwater monitoring wells upgradient, downgradient and, between the existing portion of the landfill and the proposed expansion area. H2M recommends that a total of thirteen groundwater monitoring wells. be drilled at the site. The wells would then be sampled to provide background water 'quality.data to be used to determine the extent of any. groundwater con'tami nation' . --G,ary. Loesch reviewed the H2M:'p'1-'opos'6l- foi-'-Analytical Senvi.ces .for_.the-Southold Solid Waste/Sludge Composting Facility. The DEC newly proposed Solid'Waste Regulations for a Permit to Construct a composting facility require the incoming sludge to be tested for specific parameters. It is anticipated that the proposed composting facility -will utilize the sludge from both the Savenger Waste Pland and the Greenport Sewer Treatment Plant in providing nitrogen for the diegestion' process. The regulations require the tests to be conducted weekly for at lesat a six month period to ensure its suitability for use in landspreading operations. . H2M recomments the Town institute a testing program at this time- so that the requisite background date may be incorporated into the Permit To Construct the proposed facility. The Board placed resolution no. 12 on the agenda to accept this proposal at a cost of $5, 400. 11 :30 A.M. - For Discussion Items (continued): (1) Discussed proposed Local Laws Providing for Four Year Terms for Supervisor and Superintendent of Highways and placed resolutions 13 and 14 on the agenda setting public hearings for same. (2) Analytical Services of H2M discussed with Gary Loesch at 10:30 A.M. (3) Letter from Rudolph Bruer, representing the Griswold-Terry-Glover American Legion Post in their petition for a change of zone, urging the Town Board to reassess the SEQR Positive Declaration prepared. by David Emilita and approved by the Town Board. The Board will ask Mrr. Emilita to meet with them at their August ,23rd meeting to discuss same. (4) Terms of the members'of the Tree Committee expire on September 260 AUGUST 9, 1988 22, 1988, and the Town Board agreed to appoint six of the present members and advertise for resumes to replace one member (resolutions 13 and 14) . (5) Reappoint- ment of members of the Kennys Beach Shoreline Erosion Controll Committee was dis- cussed. Councilman Penny will review the .current membership and discuss this with the Board at their August 23rd meeting. (6) Discussed the appraisal with. respect to the Nicholas Aliano major subdivision and set $16,750 to be received in lieu of land for Park and Playground (see resolution no. 15) . (7) , :(,8) and (.9) were discussed ';at 9,.1.5 A.ItL:s. see resolutions,. 9, 10, 11 . (1:0) Proposed Local Law in Relation to Zoning relative to cluster development - see resolution no. 19. (11) Executive Administrator Lessard met with the Board and discussed the appeal of Eric Bressler on behalf of Charles Zahra with respect fo his right to see a "legal" file on the Kimogenor Point Building #1. Mr. Lessard advised the Board he and his staff have conducted an extensive search of the Building Department files and connot locate such a file, however, it is. _pos-sable. Special Counsel. Lark or Yakaboski might have the file and he will contact them.--Mr. Lessard notified the Board later in the date that the file had. been located in' the office of Special Counsel Lark and the records contained therein were photocopied and will be transmitted by the Town Clerk to Mr. Bressler. The Board determined that the records requested in the aforementioned appeal have bee obtained, are now available, and a- hearing on this matter is not necessary. (.12) Hydrogeological field investigation for expansion of the Gutchogue Landfill was discussed with Gary Loesch and Mike Tumulty of H2M at 10:30 A.M. (.1'3) Receipt of a resolution from the Brookhaven Town Board oppos- ing the Suffolk County Legislature's .local law regulating work places that have twenty or more video display terminals. Board agreed to place a resolution (no. 16) on the agenda rejecting the.County's enactment of this legislation which would affect the. Town of Southold. EXECUTIVE SESSION 12: 10 P.M. Discussed personnel matters. 12:30 P.M. - Recess for lunch. 2:00 P.M. - Work: Session reconvened. and the Board audited the vouchers. 2:30 P.M. - Discussion with respect to the proposed amendments to the Zoning Code under the Master Plan. Although there are a few amendments to -the proposal some Board members would like to make, they agreed to proceed without making changes. 2:35 P.M.. - Board reviewed agenda resolutions. 2: 40 P.M. = Craig.Geier and his sister Joyce .Harroun, representing their father ` John Geier,. met with the Board to discuss the Board's decision at their July 26th meeting to amend the Master Plan zoning map changing their father's property (south side Rouite 48, west of Moores Lane, Greenport) from Hamlet Density to R-80. Mr. Geier advised the Board that this property had been changed to "M" Multiple Residence District in 1968, and has been HD on the proposed map, and based uporl this designation a..contract for sale has. been. entered into and money has been received by-:the family. The Town Board's sudden change to R-80 on July 26th has placed . a sever burden on the family. Attorney Kevin McLaughlin was also present to represent the family: Supervisor Murphy stated he had been in favor of the change since allowing additional development in the area would cause water problems. Councilwoman Cochran stated that she has: reconsidered here votes on July 26th to change five parcels on the map,'and is withdrawing her support for all of the changes. It was decided the Board would vote on each of the parcels which were changed on July 26th: M-11 to M-1. at the foot of Village Lane, Orient - .to change back to M-II - No: S,upehyisor Murphy, Councilwomen Larsen and Oliva. Yes: Councilwoman Cochran, Justice Edwards, Councilman Penny. Parcel remains M-1 . Geier property, west of Moores Lane, Greenport, R-80' back to HD '- No: Councilwomen Larsen and Oliva. Yes: Supervisor: Murphy,. Councilwoman Cochran, Justice Edwards, Councilman Penn This parcel will. be returned to the HD designation. Kontokosta property, west of Moores Lane, Greenport, R-80 back to HD - No: Councilwomen Larsen and Oliva. Yes: Supervisor Murphy, Councilwoman Cochran, Justice Edwards, Councilman Penny. Jim King property, east side Mattituck Inlet, M-1 back .to M-11 '- Yes: Justice Edwards, Councilman Penhy, No: CQUmcilwomen Cochran, Larsen, Oliva, Supervisor Murphy. This parcel to remain M-1 . Property on the northwest corner of Cox Neck Road, Mattituck - from AC back to LB - Yes: Justice Edwards, Councilman Penny, Council- woman Cochran. No: Councilwomen Larsen and Oliva, Supervisor Murphy. This parcel to remain AC as designated on July 26th.--Town Clerk Terry will notify RPPW to make the necessary changes from R-80 to HD on the Geier and Kontokosta properties on the proposed- zoning map. 3:05 P.M. - Community Development Administrator James McMahon met with the Board to discuss the Carey tank farm property at Mattituck Inlet. The Board agreed with Councilwoman Cochran that the Corps of Engineers should be consulted to determine AUGUST 9, 1988 2 .61 whether the site would be suitable for a boat ramp. As to possible purchase, the Board agreed if the price is right. Supervisor Murphy and Town Attorney Schondebare with negotiate to acquire same. --Mr. McMahon also discussed possible Town acquisition of park and recreation parcels in subdivisions. 4:00 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A Regular•Meeting of the Southold .Town. Board� was held on Tuesday, August 9,. .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 Allegiaryce rto the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY:_.. Okay, the first order of business is a resolution approving the audit of the bills. of August 9th. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the following. audited• bills be and hereby., are(.ordered paid: General Fund,Whole Town. bills in the amount of $111, 616.52; General Fund, Part Town bills in the amount of $48,295. 88; Highway Department, Whole Town bills in the amount of $5,282.70; Highway Department, Part Town bills in the amount of $13,369. 17; Fishers Island Ferry Dist.rictin the amount of $9,328.54, Fishers Island Ferry District Agency E Trust bills in the amount of $158.38; Southold Wastewater District bills in the amount of $17,491.30; Agency 8 Trust bills in the amount of $2,674. 80; Nutrition Fund bills in the amount of $2,726. 82; Snap Program bills in the amount of $84. 78;' . Agricultural. Lands Development Rights. bills::in' the amount of '$600.00; Shellfish Manage- ment Capital Account bills in the amount of $23,515. 44; Community Development Fund bills in'the. amount of $3,345.00.; Payloader Capital Account bills in the amount of $4.,000. 0.0.. 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: The next resolution is to set the next meeting date for August 23rd, 19881 3::00 P.M. , Southold Town Hall. I offer that resolution. Moved by Supervisor- Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the next, regular meeting of the Southold Town Board will be held at 3:00 P.M. , Tuesday, August 23, 1988, at the Southold Town Hall, Main Road, Southold' outho d, 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. 1 . REPORTS. SUPERVISOR MURPHY: Okay, the first item on your agenda are Reports. I would like to remind everybody these reports are on file in the Town Clerk's Office if anyone would like to read them. I. Times Mirror Cable Television report for the month of June, 1988.: 2. Lyme Task Force meeting of July 2.1., 1988 from Recreation Director Kenneth Reeves. 3. Town Justice Edwards - monthly report for July, 1988. 4. Dog Shelter monthly report for July, 1988. 5. Town Audit for 198T by EV. .F;. Kaldor, C.P.A. , P.C. 6. Town Clerk's .monthly report for: July, 1988. 7. Recreation Department's monthly report for July, 1988. 8. Building Department's .monthly report for July, 1988. 262 AUGUST 9, 1988 9. Scavenger Waste Treatment Facility monthly report for July, 1988. 10. Trustees monthly report for July, 1988. 11. Councilmen's Reports. At this time I would like to ask the Councilmen if they have anything special to report, starting on my right with Councilwoman Ruth Oliva. COUNCILWOMAN OLIVA: Thank you, Frank. Only July 27th I attended a Code Committee. meeting. We discussed vacant lot C.O.Is, nursery schools, non-conforming, clear, cutting and cluster. Some of these are on the agenda tonight, so we are moving along atxd the Code Committee will meet tomorrow night and we will probably be discussing non-conformity. By the way we don't have that blackboard yet, do we? TOWN ATTORNEY SCHONDEBARE: No, we don't. COUNCILWOMAN OLIVA: We don't. On July 29th I attended the State of the Bay's Conference at Hampton College. It was an excellent conference and I think.a_ lot of people that really weren't aware of so many of the problems that we 'have, certainly did become more aware. Basically we really do not understand what is happening in the Peconics,. but. as Fran Flanagan said that evening in her remarks, she is from the Save the Chesapeake, that we better do..something now before it is too late. We just have to control what we're doing to our waterways, and 1 think this really hits home when we see all this medical waste washing up on our beaches all over the East Coast, and even we're having problems all over the world, in the North Sea also. And Ellen Larsen was on one of the panels and she certainly did an excellent job of presenting what Southold is and will be doing on the shoreline. On July 30th I attended the opening .of .the Shelter Heights Association Sewage Treat- ment Plant., This is a batch system. It's ,just a small system,, but they did have a sample of the effluent. It certainly looked very clear, and we'll just have to wait and. see. how it works out. ' 'It certainly. looks very good. On August 2nd we had a Water. Advisory..Committee meeting. We discussed a job description for a water management person . from the Town. That needs more work on it. We reviewed an excellent preliminary report by Mark MacDonald and Bob Villa on the Core Water_ Shed Protection Area:. This is the report--I . could read the whole thing, but it basically really states that we must protect that area along the spine of the Nor-W. Fork if we are to have water supplies for the future. This is a preliminary report. They will have a final report in September, and then I think as we have promised, that we will notify the, landowners. We told them we would have a public information meeting before we went to any kind of finalization on it. And the Committee will also work on a Water Conservation Program for such areas as Nassau Point, Great Hog Neck, Orient and East Marion, to put into place in the future. On August 34d we had a very nice trip to, Fishers Island. The attendance was certainly good at Fishers Island. They had a lot of good questions, and their Civic Association and 'he Conservancy over there is doing just .a super job and it's wonderful to see that. On August 4th we had a Housing ,Committee meeting which Jean will report on, and on August 8th I attended a meeting with Charles Zahra with his things with the Building Department. Thank you, Frank. SUPERVISOR MURPHY: Thank you,. Ruth. George? COUNCILMAN PENNY: Yes, on the 27th I attended the Code Committee meeting which has already. been reported on. On the 2nd I attended the Water Advisory Committee. meeting which was already reported on. And I also on the 8th attended the work session where a gentleman from the public brought in some issues--raised some issue with decisions of the Building Department. Thank you. SUPERVISOR MURPI-1Y: Thank you, George. Jean? COUNCILWOMAN COCHRAN : Yes, on July •29th 1, along with Ruth and Ellen, attended the State.of the Bays Conference at Southampton College. I felt it was an excellent conference. It was very informative and well organized. The first panel--I was extremely interested in the first several panels because they reported the work that they had been doing in relatino to the Brown Tide. The Technical Task Force. The role of the weather, the affect, :.the bays physical characteristics, the human input pollutions into the bay, the acid rain' input, what stimulates the growth, road runoff. They're looking at every possible area in relation to the causes and effect of the Brown Tide. They also--regretably they reported that .the count has been down in '88, but the week of the conference there was a slight rise in the Brown Tide count. I was especially interested in a James Pavenkopf who is a consulting agent to the Suffolk County Health Department, and his report on the studying the circulation of the bay and what makes it move, and what they are doing and how this fits into the study of the Brown Tide. Another interesting panel was. "Is There Life Still On the Bay?", and although the panel had perhaps six members, I think they all were in the same agreement that the bottom of the bay, or the bounty that comes from the bay is pretty much dead. It seems that 'the predators seem to survive, such as Blue Crabs and Conk, and Horseshoe Crabs, but much of our shellfish and some of our seafood certainly has disappeared, along with the grasses that grow on the bottom of the bay. I think Dr. Kosper from SUNX at Stony Brook AUGUST 9, 1988 6 3 summed it up pretty well that although there has been no solution, there's been many clues, and there was a feeling at least as a result of my attending 1 felt that although there are to a point no solutions, that there certainly are a great many people working to try to find the solutions. On Thursday„August ;:4th 'we had a Housing Committee. meeting. It was one that we had hoped to make some more progress in reviewing the Housing Ordinance in relation to Affordable Housing. I think what it turned out to be was more of a philosophical discussion. It's a very frustrating committee to serve on and be a part of, because we seem to go around and around in circles and we really don't see on the horizon as quickly as we'd like to see, affordable housing. It's, a matter of if you think you're going to reach a certain point then you begin to have problems in relation to water and its availability. I think through the working in the committee I've reached a conclusion that the only way we're going to see affordable housing in the immediate future is if town government gets involved. Many of the towns that are providing affordable housing are able to do it as a result of owning the land, and the more we look at and the more we go around in.-circles, if we could get some cooperation in relation to water 'perhaps the Town would be in a position. .to make this dream a reality. The committee will continue to work. We'll be meeting again on August 25th at 4: 00 P.M. , and hopefully we'll .begin ' to develop some sort of plan that we can provide some of this service to people. On Wednesday the 3rd we traveled to Fishers Island for our annual Fathers Day Board meeting. . Various discussions took place. The people on the Island were much concerned with getting rid of their municipal solid waste. the same .as we are here in Southold. They're also .concerned about their hazardous waste and are looking for avenues and solutions to solving and transporting this type of waste off the Island. I'd .like to thank Councilman Edwards and the people of Fishers Island for their warm welcome once again. Also as a part of one of the pieces of information that was given, Cornell Extension will be having a conference for Highway Supervisors on drainage runoff which we will. be getting notice on this and it's my hope that our Superintendent of Highways will also attend this. I attended the meeting-- the special meeting we had yesterday in relation from a complaint in the Building Department. Also just a little note for those of you that were not at our Work Sesssion, our Lifeguards and Beach Attendants will be payling softball tomorrow night at the Laurel field at 6:30 against the Riverhead Beach Attendants and Lifeguards, and we beat them the last game two to zip, so I have hopes that our team will do the same again tomorrow night. The::.status of the blackboard--as Buildings and Grounds Chairman, the last place that it was left was with our Assistant Town Attorney was going to do some investigation on. buying it locally and the prices involved. So we'll have to see Rob on that. TOWN ATTORNEY SCHONDEBARE: Your Assistant Town Attorney did advise the Town Attorney that he looked into it and he's trying to get a better _price. COUNCILWOMAN COCHRAN : Okay, fine. So you should have your blackboard in the near 'future, Ruth. COUNCILWOMAN OLIVA: Thank you . COUNCILWOMAN COCHRAN : I know how important it is. Also while I was home I turned on the TV and Channel 25, and 1 wasn't aware of this, maybe others are,- that at the Rec Center on August 17th is going to be a program on Lyme Disease by Dr. Grunwald from Shelter Island, so I thought that's a good piece of public information. I hope the press picks up. It would be nice to have a fairly good attendance there. I think that's about it, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUNCILWOMAN LARSEN: Yes, thank you, Frank. First of all I'd like to take the opportunity to introduce my lovely daughter, Elizabeth, who's sitting out in the audience;: She was taking her blood pressure and informed me it' was 163 over 98, but she's been anxious to come to the Town Board meetings and has asked me for quite some time, and since she just celebrated her 8th birthday last Friday we decided it was okay, and Elizabeth, I'm .sure you know everybody up here. SUPERVISOR MURPHY : Happy Birthday, Elizabeth. COUNCILWOMAN COCHRAN : Yes, Elizabeth, Happy Birthday. You're going to be on television. COUNCILWOMAN LARSEN: Thank you. I did also attend the State of the Bays Conference at Southampton College which was widely attended. I" think there was an attendance of probably 150 to 170 heads that I counted. Thank you, Ruth, for the very nice compliment, it was an honor to participate in the panel. What came out of the Brown Tide Conference was a exchange of information between all the various people who have been working on the Brown Tide since its inception, 'and the need for comprehensive five-town management plan for the five east end towns that border on the perimeters of the Peconic Bay. Specifically one of the requests 264 AUGUST 9, 1988 will be a no-discharge zone into the Peconics which will mean there will be no discharge in forms of sewage treatment, road water runoff and boat pollutants. I had the opportunity to speak with some boats who attended the conference who said, "Oh, my goodness, I agree with everything as far as road water runoff, and the sewage treatment plants, but when you come down to the boat that I'm on, we have to be able to discharge into the Bay." But my response to that is that everyone has to do their part to keep the Peconics pollution free. If you're going to ask one person to have,-limits on the amount of pollution discharged into the Peconics you have to ask others. Another important thing was that by the year 2010 it's projected that most of the shoreline will be totally developed on the Peconic system. That's somethign to keep in mind. There's also a call to have the Peconic Bays declared a estuary under the EPA, and what this would mean is that it would be declared maybe contiguous to the Long Island Sound where we would have increased funding to look into these areas. So all in all it was a good conference and a good exchang On August 2nd I attended the meeting of the Water Advisory Committee, and I would say that through the efforts of Robert Villa who is a longstanding member; .and Mark MacDonald who was a new appointment, that a very palatable plan came about. Palatable in the terms of protecting the water recharge area and protecting the property rights. I think it deserves the attention of every Town Board and I'm sure we'll be hearing a lot .about it in the future. 1 didn't attend the meeting on August 3rd in Fishers. l,sland, although I wish I had. One of the main reasons that I hadn't is that because of my work schedule 1 wasn't able to go, and then in the afternoon I did work in Town Hall and catch up on a lot of paperwork that I had to catch up on . . On August 8th I did meeting with the rest of the Town Board to hear the complains of Mr. .Zahra.. That's all, Frank, thank you. SUPERVISOR MURPHY : Thank you,. Ellen. Raymond? JUSTICE EDWARDS : Yes, thank you, Frank. It was a pleasure to have the Town Board on .Fishers .island, and I was very happy to see the turn out. In fact, looking at the empty seats here, if_­thff.:people` of Fishers Island had this amount of space over there they'd .be standing in the halls and doors. They're very concerned on the Island about the environment, about the building that's going on over there. One of the larger landowners on the Island, Fishers Island Development Corporation, has put a moratorium bn the sale of building lots. That's the sale of them, but talking to one of the contractors the other day it looks like we're going to have another record year in building on the Island. We had eight houses going up this year on the Island and it looks like we're going to have just as many next year. The Island is also very concerned with it's water, groundwater. We have the only open reservoir in the Suffolk County, and we're doing a study on the aquifer. They're drilling more wells on the Island. I see the well people over there bringing the pipe over and bringing the diggers over. They've got some test wells on the":Island. Th-ey've,-got._some good ones, but sorry to say there's not as many good ones as there are bad ones, so we also will be in trouble waterwise and we're looking to the future to control development with that and with our other utilities on the Island. Our electric supply line comirig over...from Connecticut is up to about 75% capacity, and with the amount of energy the people are using today they figure in ten years they're going to have to have a new cable, and putting a new cable under the water there is well over a million dollars, which is going to be paid for by the electrical- users on the Island. The people on the Island are concerned as they voiced their opinion. They're very happy--or seem to be very happy with the Town--the way the Town has been treating the Island people. We're getting the basic services that we want over there. They had very few more things to ask for, just basically something that Mrs. Cochran is going to look into and that is putting a new coat of paint on the Town Barn over there. It's a building that's owned by the Ferry District and it's given to the Town with a free lease and the Town just has to main- tain it, so I think perhaps we'll. be able to get a coat of paint on the barn. This morning I left Fishers Island, had to take some people over to Nowank. I left the 6:30 and took some people over to Nowank, and then I came back over in my boat to Orient. Had a beautiful foggy ride across the Sound. 1 can't say it was the seagulls and I because I didn't see too many -of them out there, slack water, a lot of garbage foating in the middle which you always see, a lot of seaweed and eel grass,__but'.it was a pleasure to come up on Plum Island right about where it was supposed to be and scoot around there. I was half an hour late for Town Board, but I didn't get my hands slapped that hard. Other than that, the crime wave on the Island is nil as my monthly report will show. I had two cases in July. I do hold court on Fishers Island on Sunday mornings. It's handy for the people on the Island who work during the week and Saturdays, and also they wrote two speed- ing tickets on Saturday evening, the State Police did, and both of the people were down Sunday morning to pay their $50.00 fines. I have court tomorrow morning right here at this dais and I also have eight pieces of motor vehicle work that I will be taking care of in Riverhead tomorrow, and I see the melons are in season, so with my boat over here I'll probably go back with a couple d.' burlap bags full of corn and maybe a few red .potatoes, and I know a couple bushels of melons.,. And that's it, Frank, thank you.. AUGUST 9 1988 2615 SUPERVISOR MURPHY " ��Thank you;; Ray:'' Again -1 would like to thank you and the people of Fishers Island for their hospitality, and it was very good and 1 think a very good informative meeting. I would just like to comment on the cooperation of the various State and County agencies with Southold Town, in particular dealing with Fishers Island. Ray::mentioned the water study, there are many studies that have gone on and the cooperation. between the State, the County and the Town, and Fishers Island I think has been fantastic, and I think our going over there makes this really--brings the point out that Fishers Island is part of Southold Town, and is very hard to get to, and I personally like to thank all of the State and the County agencies for their cooperation. I did go up to Albany on Thursday night, we had a meeting with the DEC sand we've been promised quite a bit of help. I don't know what that means in dollars right now. because .we dorn'it::have any checks on our landfill project, but I'm .sure they're looking very favorably on it and I think that's the most important part of it, and 1. know we are going to get some help on funding. Three people here mentioned the State of the Bays Conference and 1 think it was fantastic. I'd not only like to thank the members of the Town .Board, I think it was,:ifantastic to have such a large percentage over there. I was only 'able to stay over there because of some legal problems with the Town, for a couple of hours, in fact, probably not even a couple of hours--about an hour and a half 1 think. But 1 think it's .fantastic to show the real interest of the Town Board in something so important. I'd .not only like to thank the Town Board members who did take the .time out to attend, and as Ellen did who participated, but also to the people who organized this. I think it's very, very important. Already just as a bypass, the next day we had a demonstration over in Southold Town for a project that we did in Mud Creek, and from that now the County Department of Public Works has called us,• asked for cooperation, asked for plans that they could do a similar project ,1 believe over by the S hinnecock Indian Reservation where there is a serious problem with road runoff going out into the bay. So it's these things that does bring it out into the pubic's eye and people are made aware of exactly what's going; on. . - - At our. next •East.:Erid Supervisor's Meeting we are going .to be discussing what each town is doing and how we could help each other to help stop some of this mess in the bays. I hate to see the wind blowing here tonight. There is a huge garbage streak I understand right off the South Shore and the right conditions of tide and wind we're liable to have a tremendous amount of garbage up on the ocean beaches very shortly. It really is disgraceful that this is happening. We've had some sight- ings now coming up the Sound of medical debris in the beaches. I think it's horrible that this happens. A meeting with the big wheels in the DEC on Friday up in Albany it was reported by the rep from this region that they think they have the people who are responsible for dumping some of the major amount of medical waste. They naturally could not identify anybody to us but they feel they're getting very close to having a case:-and. having charges. being brought against somebody, and I think the consensius of everybody at our meeting was that whoever is responsible probably should go to jail for it, and I would hope they rot there. We are anticipating the end of the Brown Tide this year, very happy to report. Jim has been able to do; quite a bid on a clam reseeding. Our clam rafting program is doing very well and we are also starting a scallop seeding program, and from our visit to Fishers Island and talking�,to Steve' Malinowski over there we hope to have an extremely large amount of clams that we hope to be able to get here over winter underneath the ice 'layer in the creeks and next year even have much better results. So I think we're moving along in a very good way. 11. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to :l.tem I1 in the agenda, there are three Public Notices. These are all on file in that Town Clerk's Bulletin Board. . 1. U. S.. Army Corps of Engineers,. Announcement of public hearings on the Federal Supplemental Environmental Impact Statement with respect to an operational program for the disposal of dredged material in subaqueous borrow pit disposal sites in lower New York Harbor. .and adjacent areas. August 18th at Brooklyn, August 23rd at Staten Island, August 24th at Middletown, Monmouth County, New Jersey. . Comment period .through September 9, 1988. 2. . New. York State Department .of Environmental. Conservation, notice of public hearing on the application of Elizabeth Yaro to construct a single familyd welling and associated sanitary system 60 ft. and 90 ft. respectively from tidal wetlands, and to fill with approximately 450 cu. yds. to raise first floor elevation to approximately 8 ft. Variances of 15 ft. and 10 ft. are requested for the house and sanitary system minimum setback requirements of 75 ft. and 100 ft. as defined in the Tidal Wetlands Land Use Regulations. Property is located on the south side of Minnehaha Boulevard fronting Corey Creek, Southold. Public Hearing on August 31, 1988, 10:00 A.M. , Southold Town Hall. 3. New York State Department of Environmental Conservation, notice of public hearing on the application of William Corwin to construct a 22 ft. by 26 ft. wooden deck to the rear of an existing single family dwelling. A variaKce is requested from the 75 ft. setback requriement, to construct the deck within 18 ft. of tidal wetlands. The project is located 200 ft. west of Grathwohl Road, approximately 200 ft. north of New Suffolk Avenue, New Suffolk: Public Hearing on September 1, 1988, 10:00 A.M. , Southold Town Hall. 266 AUGUST 9, 1988 III . COMMUNICATIONS. SUPERVISOR MURPHY : There was one communication,:). thought worthwhile putting on here, and it's thanking the Town and the Recreation Department for providing swimming programs for the residents, in pariticular down in Captain Kidds. It's always nice to hear something good. IV. PUBLIC HEARINGS. (None) V. RESOLUTIONS. . SUPERVISOR MURPHY: Since there are no public hearings scheduled tonight we'll move on to Resolutions, and I would like to remind everybody in the audience of the Town policy, I'm sure you allow know it, but if you would like to address the Town Board on any proposed resolutions you may do so now. If you want to address the Town Board on any matters after we'll have a time after the resolutions. are all passed. Elizabeth, do you have anything on the! resolutions? (No response.) Anyone.else? (No response.) Hearing none, we'll move on to the first one which is,Ao grant permission to use Town roads. 1.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that.the Town Board of the:-Town of Southold hereby grants permission to Country Time.Shops to. use the ,following.Town Roads to hold their Annual "Super Star Contest". on Sunday, August 14, . 1988,: between the hours of 8: 00 A.M. and 10:00 A.M. : Wickham Avenue, Elijah's .Lane,. Oregon Road, Bridge Lane; provided they secure and file .with the Town Clerk a Certificate of Insurance naming the Town of Southold..as- an- additional insured. 1.-Vote of the Town .Board.:. Ayes: Couricilwoman' Larsen, Councilwoman. Oliva, Council- . man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : Number 2 is.:..to appoint Judy Terry as Records Management Offiicer,. and. we discussed her pay for this job and we decided to double what we were going- to give in the original resolution. Her pay is nothing! 2.-Moved by Supervisor Murphy, seconded. by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Judith T. Terry,. Southold Town Clerk, as Records Management Officer for the Town of Southold, .effective immediately, she to serve in said position without compensation. 2.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, , Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : Number 3 is to set a public hearing. 3.-Moved by Councilwoman Oliva, seconded by Councilman Penny, 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 3:30 P.M. , Tuesday, August 23, 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 fo Southold as follows: I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-13 (Definitions) is hereby amended by deleting "Fences" from the definition of "Building". 2. Section 100-13 (Definitions) is hereby amended by adding the term "FENCE" to read as follows: "Fi=NCE - A structure bounding an area of land designated to either limit access to the area or to screen such an area from view, or both." H. This Local Law shall take effect upon its filing with the Secretary of State. 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 : And Number 4 is to execute an agreement. 4.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J . Murphy to execute a Department of Transportation, Federal Aviation: Admin:is:tration, Grant Agreement for a $26,771 (federal share) grant for assistance for planning at Elizabeth Field, Fishers Island, all in accordance with the approval of Town Attorney Schondebare. 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. AUGUST 9, 1988 267 SUPERVISOR MURPHY : Number.=-5--is ,'to;_,authorize'.:an:,advanced fee payment. S.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advanced fee payment in the amount of $893.00 for 47 tickets at $19.00 each to the Saturday, October 15, 198 NY Islander game; said charge to be made to A7320. 4, Joint Youth; check made payable to New York Islanders. S.-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 a trailer permit renewal. 6.-Moved by Councilman Penny,-:seconded. by Councilwoman. Oliva, it was RESOLVED .that the application of Frank J. McBride for renewal of his single family house_ trailer. permit,. used for living quarters for farm workers, located. on the north side of Oregon Road, Cutchogue, which permit expires on August 9, 1988, be and hereby .is rg anted. for a six (6) month period. 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 a budget modification, general fund, whole town. 7.-Moved by Councilwoman Oliva, seconded by Councilman Penny, 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: A8310.1 Water Advisory Committee, Personal Services $ 1,000.00 (1) A1320.4 Independent Auditing, Contractual Expenses 200.00 (2) A7180.2 Beaches, Equipment 160.00 (3) From: A1990. 4 Contingent, Contractual Expenses $ 1,200.00 A7180. 4 Beaches, Contractual Expenses . 160.00 (1). Provide budget for Personal Services provided by the Secretary to the Water Advisory Committee. -.(2) Additional budget for professional' services relating to audit of 1987 financial records. (3) Additional monies needed for purchase of swings for Town Beach. 7.-Vote of the ,Town ,Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : Number 8 is to authorize three pre-applications for Elizabeth Field. JUSTICE EDWARDS : Before I read this, just to inform the public that the Federal Aviation--the 'FAA has some money in their coffers and we're going to use some of it on Fishers Island to apparently redo the runway, fix up the approaches to the--the four approaches to the runways, and also put some new runway lights in. They're going to put a light underneath the windsock in there, plus I think, they're going to put some kind of a airport light, like a popcorn light there so you can see where the airport is a from a distance. And yes, the Town of Southold does have an airport, and thank God for the people on Fishers Island--they use it a lot--it's part of our. lifeline. 8.-Moved by Justice Edwards, seconded. by Councilman Penny, it was RESOLVED that the .;Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute three 13) Pre-applications for Assistance for Federal Fiscal Year 1989 for Elizabeth Field, Fishers Island: (1) Fishers Island Airport Runway 12-30 Reconstruction; (2) Fishers Island Airport Obstruction Lighting and Runway Landing Safety Area; (3) Fishers Island Airport Runway 12-30 Edge Lighting; all ina ccordan.ce with the approval of Town Attorney S chondebare-. . 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. SUPERVISOR MURPHY : I would just like to comment at this time. These applica- tions and all only come about basically. because of the cooperation with, Suffolk County Department of Public Works which has been doing a fantastic job in helping Southold Town and Fishers Island in the airport. This is about the fourth or fifth program that they've managed and actually got for us. Number 9 is to set a public hearing. 9.-Moved by Councilwoman Larsen, seconded by Councilwoman Cockran, 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 Environmental Quality Review" ;. now, therefore, be it 26 V AUGUST 9, 1988 RESOLVED that the Town Board hereby sets 3:32 P.M. , Tuesday, August 23, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place or a pu is hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1988 A Local Law in Relation to Environmental Quality Review BE IT ENACTED by the Town Board of the Town of Southold as follows: I . Chapter 44 (Environmental Quality Review) of the Code of the Town of Southold is hereby amended as follows: 1. Section 44-20 is hereby amended to read as follows: Section 44-20. Fee. Where an action subject to this Chapter involves an applicant, a fee shall. be paid to the Town in accordance with Section 617. 17 of the Rules. Where the Town must prepare a FEIS, the fee charged to the applicant sh be the actual cost incurred by the Town. II . This Local Law shall take effect upon its filing with the Secretary of State. 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 to transmit a proposed Local Law. 10.-Moved by Justice Edwards, seconded by Councilwoman Oliva, WHEREASe-of`-che Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to trans- mit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning in accordance with ,the Code of the Town of Southold and the Suf olk County Charter. Said proposed Local Law 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 hereby amended as follows: 1. Section 100-141A is hereby amended by adding a new subsection "7" to read as follows:-... 7. An application for a building permit for construction on a vacant lot, which is not on an approved subdivision map, shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. 2. Section 100-144D is hereby amended to read as follows: D. If the proposed use is in conformity with the provisions of this chapter, a certificate of occupancy for the use of vacant land, a change of use or a nonconforming use shall be issued by the Building Inspector after receipt of a properly completed application. A certified abstract of title issued. by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957 shall be submitted with an .application for a certificate of occupancy for vacant land or a nonconforming use. If a certificate of occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the' applicant: 3. Section 100-144G is hereby amended to read as follows: G. The Building Inspector shall, after inspection, issue a certificate of occupancy .for any building or use thereof, or of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter after receipt of a properly completed application and certified abstract of title issued by a title company, which shall show single and separate ownership of the entire lot prior to April 9, 1957. If a certificate of occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. 4. Section 100-144 1 . (4) is hereby amended to read as follows: 4. Preexisting dwellings: one hundred dollars ($100.00) . II . This Local Law shall take effect upon its filing with the Secretary of State. 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 to transmit another proposed Local Law. 11.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, WHEREAS_, there has been presented to the Town Board of the 1.own of Southold a proposed Local .Law entitled, "A .Local Law in Relation to Zoning', (Land Clearing) ; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk Count De artment o P annin in accordance witF e o e ofi the Town of Southold and the Suttolk County Charter. Said proposed Local Law reads as follows, to wit: AUGUST 9, 1988 269 `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 hereby amended as follows: 1. Section 100-132 is hereby amended by adding an additional paragraph D. to read as follows: D. Land Clearing., No person shall undertake or carry out any such activity or use, including any grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained siteplan approval therefor, pursuant to the provisions of this Article. 11 . This Local Law shall take effect upon its filing with the Secretary of State. SUPERVISOR MURPHY : Any questions? (No response.) 11.-VOTE. OF THE. TOWN BOARD : COUNCILWOMAN. LARSEN : Yes. I'd just like to add that I'm very happy to see that this 'law;:is-:'finally coming about to a public hearing. It's very much needed in the Town of Southold. We've had many instances where areas have been clear- cut. The Planning Board has no control over it at this point and in order to insure proper development and protection of many of our fragile and viable areas this law has been a long time in coming. Thank you. COUNCILWOMAN OLIVA: Yes. I agree with Ellen. We still have a little more work to do, but we've made a start. Thank you. COUNCILMAN PENNY: No. COUNCILWOMAN COCHRAN : No. JUSTICE EDWARDS : No. And I might add I think it's infringing on the property owner not to be able..to do what he wants. I think it'.s written too tightly. SUPERVISOR MURPHY: What property owner? Jay explained to us that this did not. . . . . JUSTICE EDWARDS : I'm still voting no, Frank. SUPERVISOR MURPHY: Good. God bless you. My vote is yes. 11.-Vote .of:.the_Town .Board: :Ayes: Councilwoman Larsen, Councilwoman Oliva, Supervisor Murphy. Noes: Councilman Penny, Councilwoman Cochran, Justice Edwards. This resolution was declared LOST. SUPERVISOR MURPHY: Absolutely disgraceful. Number 12 is to accept a proposal. 12.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board_of.the Town of Southold hereby accepts the_ proposal of Holzmacher, .McLendon & Murrell, P.C. , in the amount of $5, 400. 00, for Analytical Services required for a- Permit to Construct the proposed Southold Solid Waste/Sludge Composting Facility, all in: accordance with their proposal dated July 12, 1988. 12.-Vote of the Town Board :, Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man_.Penny:,.:.Cou:ncilwoman ,Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to authorize the Town Clerk to advertise for applicants for one member of the Tree Committee. I offer that resolution. 13.-Mbved. 'by Supervisor Murphy, 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 one (1) member for the Southold Town Tree Committee. 13.-Vote of the Town. Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.. SUPERVISOR MURPHY : And Number 14 is to reappoint six members of the Tree Committee. 14.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold herebf appoints the following individuals to the Southold Town. Tree Committee,. effective September 22, 1988 through September 22, 19891 they to serve in said positions without compensation: Edward D . Dart, Peggy D. Murphy, Daniel E. Letteriello, *Joseph P. Shipman, Chris Talluto, Ronnie Wacker, Raymond L. Jacobs,. Superintendent of Highways, ex officio member, Antonia S. Booth, Town Historian, ex officio member. 2 7 O AUGUST 9, 1988 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 set an amount to be deposited in lieu of land for park and playground. 15.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the amount of $16,750.00 shall be deposited. with. the Town in lieu of land for Park and Playground purposes by Nicholas Aliano with respect to his major subdivision located on the south side of County Route 48, west of Paul's Lane, Peconic, New York. 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 one for a first in Southold Town, I think, Councilman George Penny and Frank Murphy are going to co-sponsor a resolution, and I would like to have George Penny read it. COUNCILMAN PENNY: Thank you, Frank. With pleasure. 16.-Moved by Councilman .Penny and Supervisor Murphy, seconded by Justice;.Edwards, WHEREAS, the County, of.Suffolk.has passed a local law regulating work places that have twenty (20) or.more video display, terminals; and WHEREAS, the Suffolk County Legislature enacted said legislation over the vetoes of two successive County Executives who stated in their veto messages that no medical evidence has been attested to indicating a general health problem associated with the use of video display terminals; and WHEREAS, enactment of such law may conflict with the various labor contracts affect- ing Town of Southold employees and would attempt to preempt proper and fair labor negotiation processes; and WHEREAS, the proposed VDT regulation will inflict a major obstacle in the develop,ent of nonpolluting high-tech industries which are compatible with the Town's fragile environment at a time in which major tax losses can be expected; and WHEREAS, there are many young high school and college graduates as well as worki mothers trained in computer technology who rely upon the jobs available in Southold Town using computer technology whose jobs could be threatened by implementation of the VDT law; and WHEREAS, the Town of Southold by. i.ts home-rule powers which predates those of the County Charter finds that said amendment to the Charter is not in the .best interest of the residents of the Town of Southold. NOW, THEREFORE, BE IT RESOLVED. by the Town Board of the Town of Southold as follows: 1. The Suffolk County VDT Law of 1988 may conflict with collective bargaining of the Town of Southold and' is, therefore, invalid as an attempt to transfer a power or function of local government by Charter revision without the required referendums. 2. The Suffolk County VDT Law of 1988 shall not apply in the Town of Southold. SUPERVISOR MURPHY : I would like to comment on it. I think everybody in Southold Town, as in Suffolk County, is very concerned about the health and welfare of everyone. I think it speaks very highly that two successive County Executives felt that it was necessary to veto this legislation, that there was not proof of health hazards, and if in fact there are health 'hazards: I think that by us doing this along with Brookhaven Town, and we're one of the smaller towns, Brookhaven's one of the bigger ones, I hope that maybe it will bring our State Legislators and our Federal Legislator to be aware that if this is so, that there is a health hazard, that they will move and do something about it, and George and I are very happy to present this and I'm very pleased to be part of it. Anyone else have any comments? COUNCILWOMAN LARSEN: Yes. I think this is the most bogus piece of legislation that I 've ever seen in my tenure on the Town Board. SUPERVISOR MURPHY: Oh, come on. It can't be the worst. COUNCILMAN PENNY: You haven't been around long enough. They get worse. COUNCILWOMAN LARSEN : And I would like to see one of you gentlemen, or both of you gentlemen, spend eight hours a day in front of a VDT terminal, five days a week for perhaps twenty years of your life, and VDT's are the closest thing that I have seen to sweat shops since the women left the sewing machines in the 1860's. COUNCILMAN PENNY: I .would just like to say, Frank, that in my twenty-five years in business, and we have video display terminals in our business, and believe you. me they haven't been around for the twenty years- that Ellen is talking about, there have been no problems, and I don't believe that it's a function of government to AUGUST 9, 1988 271 be walking into the business area and telling them what they have to do. This is a matter for local businesses who are very concerned about their employees and treat them very well. Sweat shops have never existed in the Town of Southold and never will. Thank you. SUPERVISOR MURPHY: Ever since we've had unions. COUNCILWOMAN LARSEN : Right, and the minimum wage. SUPERVISOR MURPHY: Any other comments? (No response.) I think we should vote on it. Ruth, you better support us now. COUNCILWOMAN COCHRAN: Is that a threat? Watch it. 16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. No: Councilwoman Larsen. Abstain: Councilwoman Oliva. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Thank you. And Number 17 is to advertise for one member of the Board of Appeals. 17.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs. the Town Clerk to advertise for one (1) member of the Zoning Board: of Appeals. to fill the unexpired term of the late Robert J. Douglass to April 19, 1991, at a. salary .of $5,616.00 per annum. 17.-Vote of the .Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : . Number 18 is to refer some Building Department permit files to the Zoning Board of Appeals. I offer that resolution. 18.-Moved by Supervisor. Murphy, seconded by Councilwoman Oliva, it was RESOLVED. that the Town Board of the Town of Southold hereby refers the Building Department _Permit file numbers listed. below, to the Town Board of Appeals for their review in accordance with Article XII of the Code of the Town of Southold; and be it further RESOLVED by .the Town Board of the Town of Southold that the Board of Appeals be requested to submit, in writing, its determination of whether the Town Code has been complied with in these matters: 14359, 15638, 16541, 1.4725, 16135, 14553, 14727.. 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 transmit a proposed Local Law. 19.-Moved by Councilwoman Larsen and Justice Edwards, seconded by Supervisor Murphy, 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 . RESOL E that the Town Clerk be and she hereby is authorize and directed to trans- mit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Panning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law 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: 1 . Section 100-136.A of the Code of the Town of Southold is hereby amended to read as follows: A. (1) The total building lot yield of the standard subdivision meeting all applicable requirements shall be used to determine the number of- building lots which the Planning Board may grant in a cluster subdivision. H . This Local Law shall take effect upon its filing with the Secretary of State. 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. JUSTICE EDWARDS : I would like to comment that this means our affordable housing on Fishers Island can go from ten lots on twenty-five acres to twelve lots on twenty- five .acres. A very happy day. SUPERVISOR MURPHY : Number 20 is to set a public hearing. j. 2 7 2 AUGUST 9, 1988 20.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law Providing for a Four Year Term of Office or the Supervisor" ; now, therefore a it RESOLVED that the Town Board hereby sets 3:35 P.M. and 7:30 P.M. , Tuesday, August 23, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place or a pub is hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1988 A Local Law Providing for a Four Year Term of Office or t e Supervisor BE IT ENACTED by the Town Board o the Town o Southold as follows: Section 1. The term of office of the Supervisor shall be four years. Section 2. This local law shall supersede section twenty-four of the town law, insofar as it is inconsistent with such section. Section 3. A proposition for the approval of this local law shall be.submitted to the elctors of the town of Southold at the general election to be held in November, nineteen hundred eighty-eight, and this local law shall become operative only if approved by the affirmative vote of a majority of the qualified electors voting upon such proposition. Section 4. If this local law is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon at said general election, any of the town officers mentioned in section one hereof elected at a biennial town election held after this local law takes effect shall hold office for a term of four years commencing on the first day of January next succeeding such election. 20.-Vote of the Town .Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : That was a very enthusiastic "yes". Number 21 is to set another public hearing. 21.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, WHEREAS, there has .been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law Providing for a Four Year Term of Office or the Superintendent-of Hig ways ; now, therefore, a it RESOLVED that the Town Board hereby sets 3:37 P.M. and 7:32 P.M. , Tuesday, August 23, 1988, .Southold Town Hall, Main Road, Southold, ew ork, as time and place or a pub is hearing on the aforesaid proposed Local Law which reads as follov; to wit: LOCAL LAW NO. - -1988 A Local Law Providing for a Four Year Term of Office for the Superintendent of Highways BE IT ENACTED byte Town Board of the Town of Southo d as follows: Section 1. The term of office of the Superintendent of Highways shall be four years. Section 2. This local law shall supersede section twenty-four of the town law, insofar as it is inconsistent with such section. Section 3. A proposition for the approval of this local law shall be submitted #to the elctors of the town of Southold at the general election to be held in November, nineteen hundred eighty-eight, and this local law shall become operative only if approved by the affirmative vote of a majority of the qualified electors voting upon such proposition. Section 4. If this local law is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon at said general election, any of the town officers mentioned in section one hereof elected at.a biennial town election held after this local law takes effect shall hold office for a term of four years commencing on the first day of January next succeeding such election. 21.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Counci woman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : Another equally as enthusiastic "yes". I know what he goes through. Okay, that's the end of our resolutions and at this time I would like to ask any member of the Town Board if they have anything further to say. Ruth? COUNCILWOMAN OLIVA: Yes, thank you, Frank. I just think it's a same that the"Local Law in relation to Land Clearing"was not sent on to both the Planning Board and the Suffolk County Planning Commission. It's a shame. We've seen so many of the business propenties--this was only pertaining to business properties and multiple things because it would require site plan. It does not refer to anybody with a residential lot, nor does it refer to anybody with a subaivision. That would have to come for subdivisions later. And I 've had so many complaints from people all over Town of this clearing of land for business properties, and I think it's a same that it was not passed. That's number one., Number two, I would like to AUGUST 9, 1988 2 7 .3 compliment the Fishers" Island Civic Association on 'their Growth Plan. I read it, and it's an excellent piece of material and they've done a really fine job doing it. And I'd also like to thank Lizzy back there for having the time and patience to sit here listening to all of this. Thank you, Lizzy. Thank you, Frank. SUPERVISOR MURPHY: Thank you. George? COUNCILMAN PENNY: Yes, in regard to the Local Law which I voted against on Land Clearing, I'd just like to say that I voted against it for two reasons. Number one, there are landmark decisions by ,the Supreme Court this year--there are at least three cases which say that the Town restricts the use of a person's piece of property they should compensate them for it. That's number one. Number :two is that there is no provision in this that if the person wants to undertake any portion of these activities that this law can be broken into. There is no permitting process which says that if they come and appeal to the Town Board or to any other agency within the Town to do any small amounts of this, that they can do that. And there is no way out for them. This is a very tight law, a very restrictive law, and in my mind it's way too restrictive. It'could 'do some ultimate good, but I believe it should. be referred. back to the Code Committee and be worked on so that it's workable, palatable. ,Thank you. SUPERVISOR MURPHY : Jean? COUNCILWOMAN COCHRAN : I agree with George. I felt the same way this morning. 1 felt it should go back to the Code Committee and make some changes and bring it back to the Town Board again. It's not a hundred percent dead. SUPERVISOR MURPHY : Ellen? COUNCILWOMAN. LARSEN : Yes, on last Saturday I had the opportunity to go diving in Nauppa-uge Bay, which is adjacent to Hither Hills State Park and located in the Town of East Hampton, and the purpose of that dive was to ascertain how many scallops were in the area and were remaining from the Brown Tide. Nauppauge was one of the few Scallop growing areas :that wasn't impacted by the Brown Tide in 1986, and.chad low counts in 1985. When we got there we landed the boat and there were significant eel grass beds, and we did find some scallops there--later in the week Sea Grant followed up and they ascertained that there were about 90 scallops every. 50 meters. But it was really great to see these nice, mature, 'adult scallops and the blue eyes. staring out at you, and there were also some sets of scallops in there for your information. that were about the size of your thumb nail that were adhered to the eel grass. :.Tim Kelley--evidentially I guess, Tim, you accompanied Sea Grant yesterday and looked through our local waters, and they didn't find any evidence of scallops. Also that same day I went over to a place called to Tobacco Lot Bay in Block Island Sound, which is right off of Gardiners Island, and did some further diving. There's great eel grass beds there, but there were no. scallops .there, and what they attribute that to is the fact that it's a very high wave energy action area in Block Island Sound. But the visibility of the water reminded me of the Southold Town in my childhood, and especially Long Island at Orient where you could see twenty feet of visibility and beautiful, wonderful eel ' grass beds. I even saw a flounder that was .about two inches long, and it did ._`. typically what flounders do, it settled on the bottom and covered itself. I saw a small Moray Eel, and a-Seahorse which 1 had never seen before. And all in all it was really lovely and. beautiful and it really makes you appreciate what we have in Southold, or what we did have, and really a commitment-is needed to help restore what we once had. As far as the land clearing, it .was only directed at businesses. It was initially just 'a stop-gap measure to require that ,no one be able to clear a piece of property and flatten it before they went in .for development so that the Planning Board would properly plan it. I'm sorry that. it didn't go through. It was the Town Attorney's opinion that it was a good code and I guess we will have to go back and look at it again, because we certainly need it. Thank you. SUPERVISOR 'MURPHY : Thank you, Ellen. Raymond? JUSTICE EDWARDS : Yes, it will pass. I think if it's rewritten it will pass. And also on Sunday-'-I don't know the gentleman's name, but there was a man that came over--he's a member of the Southold Kiwanians--and he came over on his boat, came into West Harbor with his wife and two. other couples, and left a message on my recorder and I went down there and gave him my vehicle for transportation. was very busy on Sunday and could not give him the guided tour, and I left my vehicle with a map. But just before they departed and I departed we were sitting on the back of the boat and two of the ladies were commenting on how clear the water was in West Harbor. Just like Ellen said, it's not probably as clear as Block Island, but it's a lot clearer then Peconic Bay, .and I noticed t6 difference coming into Orient this morning. And also at the next meeting I will probably have pretty much of a blow by blow description, because on August; 20th ,we're :going to have 274 AUGUST 9, 1988 a full meeting of the Conservancy, concerned people on Fishers Island, regarding our garbage problem over there. Of course, the engineering study is going ahead with an incinerator, but now the Conservancy has gotten into the act and they've done some resarch along their guidelines, and they're looking at busing the garbage off of Fishers Island over here to Southold. Now at this meeting Mr. Hochbrueckner will be there, Mr. Murphy, and also Mr. Roth from the DEC I've. heard wants to sit in on the conference, so this is going to be a real slam-bang knock-out and I've got my facts and figures, I 'm getting them more than together.. I only hope that .we get some kind of information correlated I can present to the Town Board-- Frank and 1--at the next Town Board meeting. With that, after court tomorrow you can think of me about 6:00, 7:00 o'clock tomorrow night going back across the bays, back to Fishers Island. Thank you. SUPERVISOR MURPHY: Good sail. Thank you, Raymond. Okay, I'd just like to also just from my personal experiences--my. business, my son's,. 1 see the need for this law on land clearing. We're involved many times in it, and F think, it's.very important. I just hope that we could sit 'down by the next meeting and come up with an acceptable one, because it really is getting too late. There's too many properties--the property right next to my old house we just cleared, and it's terrible, and if I didn't clear it somebody else would,. but it should not be allowed until a proper site plan is filed. The man who owned the property was very cooperative and did leave. buffers of trees on the sides of his property for the neighbors, and that was the. best I could talk him into. But it is needed. I find these blacktop firms. coming around here. They're buying any property that has any higher elevation than five or six feet over the highway just to clear the land, take the fill out, the sand, to go back and make blacktop and then come in and sell the property again, and I don't think it's right. If there is nothing else, is there anyone in the audience who would like to address the Town Board? Ronnie? RONNIE WACKER: 1 just want to comment on the fact that a majority of the Town Board was represented at the State of the Bays Conference a week ago last Friday. I thought that was wonderful that Ruth and Frank and Jean and Ellen also there, and I think that they all came away--we all came away feeling that the bays are in pretty bad shape., One main point that 1 wanted to bring out was one main point that was made several' time there was that no more pollution should be introduced into the. bay. It was stressed town. creeks can be one immediate source of the bays' pollution and I think we all::agree. It was a concensus of the conference that more development on the creeks will inevitably lead to more pollution in the creeks, and ultimately in the bay. Therefore, we are asking you--that is the NFEC is asking you--in fact, make that pleading with you--that you prohibit the proposed M-11 zone for Southold Town creeks so that no further construction that will generate sevuago.Will:be allowed. In particular we believe that permitting the M-II done in Youngs Marina is not practical since the Town Board seems in general agreement that a restaurant and/or hotel would. be detrimental to the water's purity. Why designate- an M-I1. 'Zone there now when at some future date the owner may wish to act on that zoning? Then it would. be more difficult to disallow, and the courts don't take kindly to such actions. Another matter we want to bring up--we have brought it up. before--that is a moratorium on subdivisions until the Master Plan and zoning amendments are signed, sealed and delivered. I know that at the last, meeting you said it would. be a matter of five .weeks for the public hearing and final acceptance of the zoning amendments, and i 'am the Queen of Romania. Forgive me, but I don't believe- it is very likely that all this will be accomplished in five weeks. Six years ago the Town Board--that is your predecessors--were equally optomistic when we asked for a moratorium, and at that time there was some five thousand signatures on a petition requesting a moratorium on subdivisions until the Master Plan was completed. The Town Board said, no, no, no moratorium needed, we would get two acre zoning and the Master Plan.would be in place in a year. Well, here we are six years later talking about how it will be only another five weeks. Want to bet? We need a Master Plan now. We need a moratorium now. Then maybe we'll get the necessary zoning amendments through by next January if we work hard. Ladies and gentlemen, we're running out of time. The Town is slipping out of your hands. I know that if we get a moratorium in place for six months, getting a Master Plan by January is a realistic goal. Please do it while there's still some of the Town left to protect. Thank you. SUPERVISOR MURPHY : Thank you, Ronnie. Anyone else like to address the Town Board? Where did Elizabeth go? COUNCILWOMAN COCHRAN : She had her hand up like she wanted to address us and I said to Ellen, "Your daughter wants to talk to us," and she goes, "Uh, oh." SUPERVISOR MURPHY : Okay, if no one wishesto speak I think a motidn,jto-: adjourn is order, and I'd like to thank everybody for attending. AUGUST 9, 1988 275 Moved by Councilwoman Cochran; :secoh-ded by Cound'lman Penny, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:35 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. �iiterry Southold Town Clerk Y;.