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HomeMy WebLinkAboutTB-09/06/1988 291 - SOUTHOLD .TOWN BOARD. . SEPTEMBER 6, 1988 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (2:00 P.M.) , _ Councilwoman Jean W. Cochran, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. - Larsen, Deputy Town Clerk Elizabeth A. Neville (morning work session) , Town Clerk Judith T. Terry (afternoon work session), Town Attorney James-A. Schondebare. _ Absent: Councilman George L. Penny :IV. 9: 10 A.M. - For Discussion Items: (1) Dius.cussed and determined the amount of funds to be deposited with the Town in lieu of land for park and playground purposes by Henry Arbeeny (see resolution no. 16) . (2) Discussed pump-out facilities at marinas. This matter will be referred to the Town Trustees, and Councilwoman . Larsen will set up a meeting of the Inland Waterways Committee. (3) Fee increases - will be discussed by the Parks and Beaches Committee at their September 9, 1988 meeting. (4) Letter from former part-time Bay Constable for Fishers Island, Steve Malinowski, which will be discussed with Justice Edwards in executive session. (5) Discussion with respect to the request of the Griswold-Terry-Glover Post No. 803 to prepare a Generic Environ- mental Impact Statement concernining their change of zone petition will be held for the September 20th meeting. (6) Discussed the proposed acquisition of the Southold Green, and the amount of money to be paid to the Peconic Land Trust at the closing (see resolution no. 17) . (7) Draft Environmental Impact Statement for the Composting Facility has been received, and deemed to be complete (see resolution no. 18) . (8) & (9) Farmland Committee and Open Space Committee - last date for receipt of resumes is September 15, 1988, and date for interviews will be set at the next Board meeting. (10) Interviews for a member of the Board of Appeals will be held on September 12, 1988. (11) Abandonment of a partion of Grand Avenue, site of the former bridge, will be discussed with Superintendent of Highways Jacobs later in the meeting (,see resolutions 21 (a) and 21(b)) . (12) Discussed the amount of money to be deposited with the Town in lieu of land for park and playground purposes by Wolf Pit Associates for Wolf Pit Pond Estates, Mattituck (see resolution no. 19) . 9:35 A.M. - Town Attorney Schondebare discussed the Grand Avenue Bridge. Mr. Schondebare had spoken to Superintendent of Highways Jacobs who. stated that he -doesn't want the property which was the site of the former bridge, and suggested that it be conveyed to the adjacent property owner that it originally came from by Quitclaim Deed. S.upervisor\,Murphy stated he had also discussed this with the property owner and suggested they file a lot line change with the Planning Board. This road over the old bridge has not been used since 1971-72. The embankment walls on both sides are fally in and creating a hazard. The Suffolk County Department of Public Works will work with the Highway Department regarding dismantling and removal, but the ownership must first be determined. Superintendent of Highways Jacobs will be contacted to meet with the Board. 9:50 A.M. - Board reviewed regular meeting resolutions. EXECUTIVE SESSION 10: 45 A.M. - Board discussed personnel matters. 11 : 15 A.M. - Community Development Administrator James McMahon met with the Board to discuss drainage maintenance projects at Hobart and Korn Roads and County Route 48, Southold. Mr. McMahon also discussed the Town's Shellfish Management Program, and the Board agreed the Town should set up a permanent Shellfish Management Program developing a plan for t4 seeding of shellfish. Councilwoman Larsen offered to work with Mr. McMahon on this committee. The Board then discussed-the number n :�+ 1 ( v W r�•l \ !F'�! d KY r -"SEPTEMBER 6, 1988 of moorings in the bay and creeks and the need to update the mooring map. They discussed the approximately 2,000 commercial moorings located at private marinas which are actually in Town waters on Town property and the possibility of initiating a $25.00 annual fee for a Town permit. The Trustees will be consulted on this matter and a local law prepared if lot is decided to pursue it. 11:25 A.M. - Board audited outstanding vouchers. 11 :40 A.M. - Recess. for lunch. 2:00 P.M. - Work Session reconvened; Town Clerk Judith Terry present. Peter Lieblein met with the Board to discuss his recommendations for cleaning u the waterways in and around Southold Town. He urged the Board to stop road run into the creeks and bay, clean up the sides of the roads, require boats to have hold tanks and marinas to have pump-out stations. Mr. Lieblein was assured the Board is working in every way possible to prevent pollution to the creeks and bays, and appreciate his concern and recommendations. EXECUTIVE SESSION 2: 40 P.M. - Board discussed personnel matters. 3:00 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday September 6, 1988, at the Southold Town Hall, Main Road, Southold, New York Supervisor Murphy opened the meeting at 7:30 P. M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis. J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry SUPERVISOR MURPHY: Thank you. The first order of business is a resolution approving the audit of the bills of September 6, 1988. - Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED the the following audited bills be and hereby are ordered paid: General Fund, Whole Town bills in the amount of $71,435.34; General Fund, Part Town bills in the amount of $9,406.00; Highway Department, Whole Town bills in the amount of $5,627.67; Highway Department, Part Town bills in the amount of$35,879.69; Highway Department, CHIPS in the amount of $12,321 .26; Southold Wastewater District in the amount of $18,006.83; Fishers Island Ferry District in the amount of $96,134.95; Agency & Trust bills in the amount of $15, 116.97; Fishers Island Ferry District Agency & Trust bills in the amount of $474.82; Nutrition Fund in the amount of $2,617.39; Snap Program in the amount of $1 ,300.30; Computer Capital Account bills in the amount of $872.00; Shellfish Management Capital Account in the sum of $2,589.83; Open Space .may Acquisitition Capital Account in the sum of $500.00 Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor Murphy. Abstained: Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR_ MURPHY: Next is a resolution approving t e minutes of the Town Board meeting held on August 23, 1988. 4 Moved by Councilwoman Oliva, Seconded by Councilwoman Larsen, it was RESD.LVED that the minutes of the regular Southold Town Board meeting held on August 23, 1988 be' and herey _approved. .,: 2 9 3 SEPTEMBER 6, 1988 Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly. ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for September 20th, 1988, 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 Southold Town Board meeting will be held at 3:00 P.M., Tuesday, September 20, 1988, Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared-'duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: The first item on the agenda are Reports. I'd like to remind anyone who's interested they are on file in the Town Clerk's Office for anyone to look at them. 1 . Times Mirror Cable Television report for the month of August, 1988. 2. Suffolk County Department of Labor Economic Indicator Report, - August, 1988. 3. Recreation Department's Monthly report for August, 1988. 4. Town Clerk's month*Iy report for August, 1988. 5. Building Department s '.monthly report for August, 1988. 6. Scavenger Waste Treatment Facilitymonthly report for August, 1988. 7. Dog Shelter monthly report for August, 1988 8. Councilman's Reports. ' 'At this time I would like to ask the Councilman, if they have anything special to report, starting 'on my right with Ruth Oliva. COUNCILWOMAN OLIVA: Thank you, Frank. On August 24th, I attended a Farmland Preservation Committee meeting. We went, over several appraisals on different properties, and we'll i nform these people about the different things, they talked about. Also, we'd like to get a hold of the Riverhead's Bill of Rights to farm and see if we can update that. I've contacted Rob Pike, but he did not call me back, so hopefully by the next meeting we'll be able to give that to them. There was a Housing Committee on August 25th, which Jean will report on. On August 29th, I attended the Greenport Utility Committee meeting. They seemed to be getting going on several new well sites, and hopefully they will be moving along, so we will get a little more water. On August 30.th, we had an Open Space Committe meeting. We were not pleased with one of the appraisals, and we are going back to ask the appraiser for a better explanation. We are going for other appraisals for different properties,and inquiring perhaps about the Fort Corchaug area Also, perhaps; some properties in Cutchogue. We will be meeting again on October 6th. - On August 31 st, we had a Code Committee meeting, and we sat down with the Tree Committee, who were most.anxious to meet with us, as they had drawn up a Tree Ordinance. We went over it and they unfortunately found that they did not have the jurisdiction that they thought they had, because many of our roads are both State and County. We suggested to them, that they do get in touch with these various agencies, and they could sit down perhaps and go over some things as far as planting trees on both 48 and 25 were necessary, and see if they can do it. They will sit down with the Planning Board as to, perhaps, the type of trees that could be planted on site plans, and the attorneys will review the ordinance. The Tree Committee will go over some other portions of it. Thier hearts are certainly in the right place. They're trying to do a good job to beautify our town. On Friday, September 2nd, Jean, Frank and I visited a refuse derived fuel plant in Norfolk, Virginia, which I'm sure Frank will talk about, which was a very interesting day, and beautiful flight down. It was very good to see how other people are taking care of their refuse; how they're doing it; the machines that are being used"- and the more we learn, the quicker we'll be to make decisions in,our own lag— fill. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Jean George? COUNCILMAN PENNY: That's Ruth. SUPERVISOR MURPHY: Ruth, I'm sorry. I'm spending too much time with you two. COUNCILWOMAN OLIVA: You know it. COUCILWOMAN COCHRAN: We Ieave again tomorrow. 294 SEPTEMBER 6, 1988 COUNCILMAN PENNY: On the 24th, we had a meeting of the Commerce and Industry Committee. We discussed the progress and the status 'of the proposed Master Plan. We discussed the proposed peddling ordinance changes, and at our next meeting, we're going to have some recomendations for some changes in that area. We discussed bid procedure for projects under the bid limits, and hopefully we're going to make some suggestions to the Town Board on following and specified format on these smaller bids. We discussed Town fees, and rules for waiving the Town fees. We discussed the Town Green. A matter of particular interest was soda vending machines, that seem to be appearing on the sidewalks. The Chambers of Cormerce would like this looked into by the Town, and we're reviewing ways that we can control this so it doesn't make our streets look like boardwalks. We, also, discussed the report of the Core Watershed Protection Area Sub Committee. On the 31 st, I attended the Code Committee meeting, which Ruth already reported on. Thank you. SUPERVISOR MURPHY: Thank you, George. Jean? COUNCILWOMAN COCHRAN : On the 25th of September, the Housing Committee did meet, to continue reviewing our affordable housing law. It seems like we've been reviewing it for quite some time, but we keep getting bogged down in different areas in relation to philosophy and what we see as affordable housing. The - Housing Committee has invited the Greenport Utitlity Committee to meet, jointly, - with us, in relation to affordable housing. The Committee feels that it's most inportant to determine the availability of-water.water. in an area where an affordable housing project is going to be. Also, there's ace importance to the requirements that the project has to meet in relation to water. We, also, feel that it is important that the availability in an area be discussed before the Town Board grants a zone change in relation to the afffordable housing district. Also, I spent some time up here the last two weeks, taking care of some personnel problems. .. In addition, on Friday, as Ruth said, we journeyed down to Portsmouth, Virginia, to view this RDF plant. It's interesting there. They have a marriage between the Navy and themselves. They have the garbage end of it, and the government has built a power plant. I don't think the marriage. is working out too well, because they talked of the possibility of buying out the power plant, and it would all be run as public enterprise. It was a state of the art facility. I think they had top notch equipment. I think everytime we go on one of these trips; and we leave for Florida tomorrow for a few days, that's why Frank made the comment he's spending too much time with us, because we'll be joining him again; I feel that it's part of the educational process, and the more I see of these types of plants, the more I'm convinced. that Southold is going in the right direction with composting. I think that's about it, Frank. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUCILWOMAN LARSEN: Thanks, Frank. On Tuesday, the 23rd, I attended Local Waterfront Revitilization Program. I spoke with Peter Walsch, Mo is the liaison between the Town of Southold and the New York State Department of State. The Local Waterfront Revitilization Program is based on forty-four state policies that call for development and rehabilitation of our waterfront. The committee has gotten as far as Orient Point in their review. The Town is divided into nine sections under their program, and they're moving into the bays. Hopefully within the next year our program will finalize( within the Town, which will enable us to apply for additional state monies, and be reimbursed for various projects that we want to do along the waterfront in the Town. On the 24th, I attended the Farmland Preservation meeting, which is chaired by Robert Villa. Bud Cybulski, Alex Hargrave and Ruth Oliva, and myself were in attendence. I had introduced the concept of a right to farm bill to the committee and based on Easthampton Town, Ruth had gone through her files, and drawn out Riverhead. Both the Easthampton Right to Farm Bill, and the Riverhead Right to Farm Bill had been forwarded to the Town Attorney. The Farm Preserva- tion Committee feels that it's necessary. Supervisor Murphy backs it, and feels that its necessary. So, hopefully, we'll be working on that, I'm sure, witt—, continuous allocation of farmland. On the 25th, I attended the Housing Committee meeting, which Councilwoman Cochran reported on. I, also, attended the Trustees work session, to discuss various matters of Town Board and Trustee concern with them. I met with Toni Booth, who is the Town Historian. We are going over the areas of historic significance, along the coastline to aicorporate that within the Local Waterfront Revitilization Program. Dual-gg the following week I took a vacation. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ellen. Raymond? 295 SEPTEMBER 6, 1988 JUSTICE EDWARDS: Thank you, Frank. The day after our last meeting, I went into Riverhead, and did six pieces of traffic in the Motor Vehicle Department. tried to get home to the Island Wednesday evening. I had my boat over here. had the boat all untied, and started out of the slip and I picked up an old sunken line; wrapped it around the wheel. I had to spend the evening. Mr. Douglas lifted me out of the water at seven o'clock Thursday morning, and for a very slight nominal fee, we just took the little loop of line right off, and I did get back to the island. A little late, but did get there. A week ago, yesterday, on Monday, I did a wedding for a young couple on Fishers Island. I hope to have some pictures of it. One of the most beautiful sights that I've ever seen, was walking up to attend, and do a wedding like this. overlooking the ocean and it was just a beautiful day. Then yesterday, there were over three hundred cars vacated Fishers Island. When I checked the dock this morning, it looked like the island had come out of the water about two feet. Tomorrow morning, I have six more pieces of work for the Motor Vehicle. I did fly over today. was late. The Sound is too rough to come by boat. I'll be flying back, probably late tomorrow afternoon. That's it. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Raymond. A couple of other things I'd like to add. As you can see everybody is really quite busy. Our Assistant Town Attorney is a proud father of a young boy. His wife gave birth on Labor _• Day, and they're all doing well, including Rob Berntsson. Fort Corchaug. We heard from Greg Blass's office today, and they are going ahead with the resolu- tion authorizing appraisal by the County. So we are progressing there. The trip to Virginia, that both Ruth and Jean, and I- went on. These things are very important. The most important part is to see a lot of them, before we start entering into negotiation . We're in the final stages of our RFP. Probably, the largest project that has ever been started in Southold Town. I think it's very important that we know as 'much about' the whole system, machinery and all that, so we can understand what these vendors and eventually, final contractor is trying to sell us. Jim McMahon, myself and our counsultants from H2M did attend a meeting with the DEC last week, on :funding. We have the booklets, and we expect that being that we have such a unique proposal, that we're going to be received very favorable by the DEC on this funding proposition, and should come out of it doing very well. COUNCILWOMAN. LARSEN: Frank, you might want to mention that they're recruiting temporary workers for the 1990 census. SUPERVISOR MURPHY: Yes, really, anyone looking for a job, part-time, older people, excercise. There's a test that will be given through September 6th. Today. I think it's just the application. Judy has the information. II . PUBLIC NOTICES. Moving on to the second item on our agenda is Public Notices. These are posted on the Town Clerk's Bulletin Board for anyone to read. 1 . US Army Corps of Engineers, NY District: Application of Cedar Beach Park Associates, Inc., to dredge Stillwater Z Like, 'Little Pecon'ic Bay at Southold, Town of Southold, for the purpose of maintaining adequate depths for mooring, with 10 year maintenance. Written comments by September 19, 1988. 2. US Department of Commerce, Announcement of recruiting temporary workers to help prepare 1990 census address list. Walk-in tests given through September 6, 1988. 3. New York Department of Environmental Conservation, notice of complete application of Horace Kelland to construct an addition to an existing dwelling adjacent to a pond on the south side of Fishers Island. Comments by September 16, 1988. 4. New York State Department of Environmental Conservation, Notice of complete application of the Incorporated Village of Greenport to install a new well at Plant No. 7 off North Road 500 feet east of Ackerly Pond Lane in Green- port. Comments by September 23, 1988. Ill . COMMUNICATIONS . SUPERVISOR MURPHY: Number threee, are communications, and some of them are very interesting. In particular, two young girls in Southold, who asked that we put some signs up, because they didn't want the people hurt, or the deer hurt. There were a lot in their neighborhood, anti, it was really fantastic. Then we got Ray Jacobs and Danny, they cooperated, and we got the signs up immediately, and the girls wrote a very nice note back, thanking the Town Board for the prompt action. It's always good to hear that. COUNCILWOMAN LARSEN :The girls were Katie Richardson and Maureen Wilinski. 296 SEPTEMBER 6, 1988 I. Maureen' Wilinski and Katie Richardson,, of Southold, thanking the Town for putting up deer signs on their street. 2. Patrick G. Halpin, Suffolk County Executive, providing the Town of Southold with the deeds for four county-owned properties for the development of affordable housing. 3. Patrick G. Halpin, Suffolk County Executive, concerning the departure of the physician at the Riverhead Health Center. 4. Henrietta Acampora, Supervisor of the Town of Brookhaven, thanking the Supervisor for supporting the VDT Law of 1988. 5. Gregory J. Blass, Suffolk County Legislature to recommend favorable action in the application of the Southold Griswold-Terry-Clover Post American Legion for rezoning. IV. PUBLIC HEARINGS. (Three at 8:00 P.M) V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to Resolutions. I'd like to remind anyone in the audience that the policy of the Town Board is that if you would like to address the Town Board on any of the proposed resolutions you may do so at this time. If you would like to address the Town Board on any other matters; we'd ask you to wait until the end of the meeting, when we're here for you to say anything you'd like, to the Town Board. Is there anyone who would like to address the Town Board now, on any proposed resolution? (No response.) Hearing none, we'll move on to the first resolution, which is to grant permisssion to attend a training course. 1 .-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for Community Developement Administrator.James C. McMahon to attend a Shoreline Surveys of Shellfish Growing training course, sponsored by the US Food and Drug Administration, North East Region, at the North Techinical Services Unit, Davisville, Rhode Island, on Monday, October 3, 1988 through Thursday October 6, 1988, and the actual expenses for travel, meals, lodging, and registration shall be a legal charge against the Town of Southold. 1 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number two, is to authorize a consent to change attorneys. 2.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a Consent to Change of Attorney in the matter of Kelly V. Town of Southold, whereby the firm of Huenke & Rodriguez, Esqs. , Carle Place, New York will be substituted as attornesy of record for defendant/third party plaintiff and second third pary plaintiff. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared-duly-ADOPTED. SUPERVISOR MURPHY: Numer three is a resolution to request a US Enviromental Protection Agent to establish a no-discharge zone in the County waters and request the State Department of Environmental Conservation to formally petition the US EPa to establish such no-discharge zones. I offer that resolution. 3.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, WHEREAS, the most significant impact upon marine waters from boating activities is the discharge of untreated and partially treated sanitary wastes; and WHEREAS, the discharge of these wastes has been shown to cause elevated fecal coliform counts and Biochemical Oxygen Demand (BOD) loadings to levels which can be quite harmful to marine environments; and �:y WHEREAS, these boat wastes contain amonia, phosphorous, nitrates, BOD's, COD'S, total solids, and suspended solids, all of which are untreated sanitary wastes; and WHEREAS, these boat wastes also contain large amounts of fecal coliform and other types of bacteria, viruses and fungi, which are in turn ingested by clams, oysters, mussels, scallops and other filter feeding marine life, ; and WHEREAS, as these concentrations of pathogenic organisms reach certain levels, most shellfish become transmitters of disease, such as viral hepatitis and gastroenteritis (food poisoning) ; and WHEREAS, due to the concentration of oxygen demanding substances, which in turn can .,reduce the oxygen needed by other aquatic species, these severe anaerobic conditions may result in changes,_-in the composition of the biological structure and species in the affected bodies of water; and 297 SEPTEMBER 6, 1988 WHEREAS,the establishment of no-discharge zones for Suffolk County waters would go a long way towards improving the water quality of our marine environment; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby requests that the United States Environmental Protection Agency establish no-discharge zones for all of the waters of Suffolk County; and be it further RESOLVED that the Southold Town Board hereby requests that the New York State Department of Environmental Conservation formally petition the United States EPA to establish such no-discharge zones, and requests that copies of this resolution be forwarded to Mr. Donald Hodell, Secretary of the Interior of the United States, to the United States Envionmental Protection Agency and to Commissioner Thomas Jorling of the New York State Department of Environmental Conservation. 3.- Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to execute a lease agreement. 4.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVEDthat the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a lease agreement between the East Marion Fire District and the Town of Southold for the black top driveway to the west of the East Marion Fire House and the black top parking area to the north of the East Marion Fire House, for a term of five* years, September 1, 1988 through September 1, 1993, at a total rent of ten ($10.00) dollars, to be paid in full upon the execution of the lease. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared-duly ADOPTED. SUPERVISOR MURPHY: I might comment that the last resolution and the next one is done to authorize .the Highway Superintent to do paving on private property, park district, fire district, whatever, so that we can have Town parking. The next one is one with the Cutchogue Presbyterian Church. 5.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisore Francis J. Murphy to execute a lease agreement between the Cutchogue Presbyterian Church and the Town of Southold for the black top parking area north of the church building, and the black top access driveways from Highland Road to the parking area, for term of five years, October 1, 1988 through October 1, 1993, at a total rent of ten ($10.00) dollars, to be paid in full upon execution of the lease. 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly-'ADOPTED. SUPERVISOR MURPHY: Number 6 is a memorolizing resolution in support of a of a National Estuary designation for the Peconic Bay system. I offer that resolu- tion. 6.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, the Water Quality-Act of 1987 formally establishes the National Estuary Program with the goal of identifying nationally significant estuaries, protecting and improving their water qualtiy, and enhancing their living resources; and WHEREAS, the National Estuary Program provides for joint participation by federal state, and local governments in formulating a framework for addressing pollutions problems and the effects of overuse and development in and around the designated estuarine system; and WHEREAS, the National Estuary Program specifically calls for the development of comprehensive conservation and management plans that recommend actions to.,6:-estore and maintain individually designated estuaries; and WHEREAS, the Peconic Bay and its immediate surrouding area contain natural recources requiring the most stringent steps to protect them as integral components of Suffolk County's unique environment and fragile scenic beauty; and WHEREAS, the Peconic Bay system has exhibited signes of stress and degradation, most notably the Brown Tide Phenomenon; and , WHEREAS, the County of Suffolk has appropriated funding and initiated research and monitoring programs to address the deteriorating water quality conditions of the Peconic Bay systems; and 298 SEPTEMBER 6, 1988 WHEREAS, federal, state and local governments have similarly recognized the need for a comprehensive management plan for the environmentally sensitive Peconic Bay estuarine system, therefore, let it be RESOLVED that the Town Board of the Town of Southold hereby reaffirms its commitment to the protection of the environmentally and economically signigicant Peconic Bay estuarine system; .and be it further RESOLVED that this Board hereby urges .the .federal,. State and local governments` to join together in a cooperative partnership. to attain a National Estuary Designa- tion for the Peconic Bay system; and be it further RESOLVED that the Town Clerk is hereby directed to forward copies of this resol- ution to the Clerks of the Towns of East Hampton, Shelter Island, Southampton, and Riverhead, and majority and minority leaders of the New York State Senate and the Assemble, the Governor of the State of New York, the Long Island Delegation to the New York State Legislature, the majority and minority leaders of the United States House of Representative and the United States Senate, the President of the United States, and the Long Island Delegation to the United States Congress. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly .ADOPTED. SUPERVISOR MURPHY: Number 7 is to accept a resignation. - 7.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of -Southold hereby accepts, with regret, the resignation of Lynda M. Rudder and Kimberly Walkden, Work/Study Students, effective immediately, and wish them both success in their college years ahead. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILWOMAN OLIVA: I would. just add, that we received very lovely thank you notes from both of them. They hope to be considered for future summer jobs. SUPERVISOR MURPHY: Ruth, I would like to amend that by authorizing employment for their vacation time. This is a program we put in last year, and we had tremendous success with it. We had a young girl from each of the high schools, and all three of them were absolutely fantastic, and did a tremen- dous job for the Town, and I think it helped them in their preparation for college. Number 8 is a budget modification. 8.-Moved by Councilwoman Cochran, seconded byCouncilwoman Larsen, it was RESOLVED that the Town Board of the Town of ,jouthold hereby authorizes the following 1988 Budget modification to the General Fund - Whole Town: To: A8310. 1 Water Advisory Committee, .Personal Services $ 2,500. 00 A8310. 4 Water Advisory Committee, Cont: . Expenses 4,000. 00 A1990. 4 Contingent, Contractual Expenses 1,000. 00 From: A8030. 4 Research, Contractual Expenses $ 7,500. 00 Water Advisory Committee budget for 1988 amounting to $7,500.00 was included in Research, Contractual Expenses A8030. 4. The above modification will replace $1,000. 00 taken from Contingent and moved to Water Advisory Committee (August 9, 1988 modifica- tion) and correct the separate account for Water Advisory Committee to the correct budget of $7,500.00. 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declaredduly ADOPTED. SUPERVISOR MURPHY: Number 9 is to execute a change order. 9.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it wasy RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute Change Order No. 6, Ferran Concrete Co., Inc. , General Construction 8 Mechanical Work, Southold Scavenger Waste Treatment Facitity, for a no-cost time extension of sixty (60) calendar days, which will establish the new project completion date at November 29, 1985; and be it.further _, RESOLVED that the Town Board of the Town of Southold hereby authorizes payment of $31 ,000.00 to Ferran Concrete Co., Inc., which sum includes the amount remaining Tor punch list and the amount pursuant to Change Order No. 6. 9.-Vote:-of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwomar :-Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SEPTEMBER 6, 1988 299 SUPERVISOR MURPHY: Number 9-13 is to authorize the close-out of the Southold Wastewater Capital Fund and directs that the fund balance and all residual monies be transferred to the Southold Wastewater District. I might just comment at this time, that now that we're able to close out the final change order on it, it's apparent that whole sewage plant down there, was built with government money; with federal and state money; and that our local share we were able to make up through investments of the funds, so that the actual cost to the tax payers over and above what we pay in state and federal income tax was nothing. Which was very good, and we should have a fairly. nice, surplus to put into their operating budget.' ' I offer this resolution. 9b.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the close-out of the Southold Wastewater Capital Fund and directs that the fund balance and all residual monies be transferred to the Southold Wastewater District. 9b.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly:'ADOPTED. SUPERVISOR MURPHY: Number 10 is to authorize travel. 10.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Francis J. Murphy, Councilwoman Jean W. Cochran, and Councilwoman Ruth D. Oliva to travel, at no expense to the Town, to Norfolk, Virginia, on September 2, 1988, to view the Eastern Resources Management recycling operation, and the necessary expenses for meals shall be a legal charge against the Town of Southold. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And there were none. That's a good one. COUNCILWOMAN COCHRAN : No expenses. Thrifty. SUPERVISOR MURPHY: Number 11 is to authorize additional travel. 11 .-Moved by Councilwoman Larsen, seconded Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes all Town Board members to travel to Sumter County, Florida, on September 7,8 1988, to view the U. S. Environmental Recovery Systems Sumter County Resource Recovery Composting System, and the actual expenses for travel, meals and lodging shall be a legal charge against the Town of Southold. 11 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILWOMAN LARSEN: Ruth, Frank and Jean will be taking this trip, as well, and bringing lots of information back for the rest of us. SUPERVISOR MURPHY: We'll start traveling at 5:15 tomorrow morning. COUNCILWOMAN COCHRAN: Guess who made the arrangements. And the weather- man said they're having September rains in Florida. Bring a rain coat. SUPERVISOR MURPHY: And they're coming back that early the next day. And Number 12 is to authorize a telephone line. 12.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the installation of a telephone line for the computer system electronic- support (jc.-.;.k) type RJ11C) . 12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to authorize a re-P-ind. 13.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $ioo.00 to Omni Technical Services Uniondale, paid for the Final Request for Proposals for a Solid Waste/Sludge Composting Facility, August 1988, as it was determined there should be no charge to vendors who had already paid for the draft of the same document. 3 G O, SEPTEMBER 6, 1988 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declaredduly ADOPTED. SUPERVISOR MURPHY: Number 14 is to declare the week of September 18 to 24 as National Adult Day Care Week in the Town of Southold. I offer that resolution. 14.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED the The Town Board of the Town of Southold hereby declares September 18 through 24, 1988 as NATIONAL ADULT DAY CARE WEEK in the Town of Southold. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The next one is a resolution to recess to hold our Public Hearings, now that it is 8:00 o'clock. I offer that resolution. Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was - RESOVED that a recess be called at this time 8:00 P.M. for the purpose of holding three public hearings: 8:00 P.M., - Proposed "Local Law in Relation to Zoning"; 8:02 P.M.,-"Proposed Local Law in Relation to Zoning", and 8:04 P.M.,- "Proposed Local Law in Relation to Vehicles and Traffic." - - Vote of the Town Board: Ayes:- Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 8:10 P.M SUPERVISOR MURPHY: I'll reopen the regular Town Board meeting going back to resolution 15, which is a tranmittal of another proposed Local Law. IS.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, 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 Clerk be and she hereby is authorized and directed to transmit 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 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: I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I. Section 100-136 is hereby amended by adding a new subsection "K" to read as follows: K. Notwithstanding the foregoing, the Town Board may, in its discretion, accept an offer for dedication to the Town, of the open space and/or common lands created by the use of the provisions of this Article. II . This Local Law shall take effect upon its filing with the Secretary of State. 15.-Vote of the Town Board: Ayes: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.No: Councilman Penny. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to set the amount of $18,00.00 to be deposited with the Town in lieu of land for Park and Playground purposes by Henry Arbeeny, owner of a sudivision at Kennys Road, Southold. I offer that resolution. ri:_, Amended October 18, 1988, Resolution #2 16.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the amount of $18,000.00 shall be deposited with Town in lieu of land for Park and Playground purposes by Henry Arbeeny, owner of a subdivision at Kennys Road, Southold. ,1_, 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SEPTEMBER 6, 1988 301 SUPERVISOR MURPHY: Number 17. . . . COUNCILWOMAN COCHRAN: Can we hold that? SUPERVISOR MURPHY: We'll hold -it. I guess they're looking for. . . . COUNCILWOMAN COCHRAN: I would ask that it be held. SUPERVISOR MURPHY: Sure. What we're doing is just holding up the amount of payment we're going to pay the Peconic Land Trust, when that beautiful park- in Southold is turned over to us at the end of the year. This money will be coming out of the Prk and Playground fund, that is established by developers, and right now, we have about $160,000.00 in it, and tonight we're putting almost another $100,000.00 in it. So this is how this money is being used, and whatever the final figure is, there's a small discrepancy. Whatever the final figue is, it's going to be around $30,000.00 that we're going to be transferring to pay for this park. It's a tremendous asset that we're acquiring, at a very small cost to the taxpayers. It's through the most generous cooperation of many, many people. .Southold. .that this came about. COUNCILWOMAN COCHRAN: Frank, if I may, maybe the Board will decide to. pass this tonight. I'd hate to hold it up for two weeks. The Green did have a meeting tonight at five o'clock, and in reviewing all their financial situation, because things that still have to be done to the park, are the sprinklers between the sidewalk and the green, some landscaping against the building, the plaque, and those wastebaskets, so there's not those big metal cans over .there. And in reviewing all of their finance, they had asked for close to twenty-eight, but they feel that thirty thousand wil do it. So, if the Board is agreeable to go the $30,000.00, why don't we pass that tonight. They feel that $30,000.00 would do it, so if the Board would be agreeable, the the twenty-eight to go to, extra two. I'd like to see it passed tonight. SUPERVISOR MURPHY: We'll just change the amount to $30,000.00 17.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $30,000.00 to the Peconic Land Trust when the closing for the Village Green property takes place. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to accept the DEIS, the Draft. Environmental Impact Statement for the composting of municipal solid waste and sludge for the Town. • I offer this resolution. COUNCILMAN PENNY: I have a question at this time. What of Dave Emilita? Has he reviewed this yet? SUPERVISOR MURPHY: It's being transmitted to him. He's one of the signers, the DEC, they'll all receive it. COUNCILMAN PENNY: Are we getting a recommendation from him, on it's com- pletion? I haven't had a chance. . .we only got this on September 1st. SUPERVISOR MURPHY: We're sending it for comments. We're accepting it as complete yet. COUNCILMAN PENNY: We're accepting it as complete? Before Dave is envolved? SUPERVISOR MURPHY: The draft. Not the final. David is not envolved with this at all. Just the Planning Board. COUNCILMAN PENNY: Dave is not envolved with this at all? Okay. 18.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts as complete the Draft Envionmental Impact Statement for tk:� Compostinq of Municipal Solid Waste and Sludge Project for the Town of Southold, and authorizes and directs the Town Clerk to transmit said document in accordance with the State Environmental Quality Review Rules and Regulations. 18.-Vote..of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Justice Fdwards, Supervisor Murphy. Abstain:Councilman Penny. This resolution was declared duly ADOPTED. 302 SEPTEMBER 6, 1988 SUPERVISOR MURPHY: Numer 19 is to set the amount to be deposited in Park and Playgrounds in lieu of land. p 19.-Moved by Councilwoman Cochran seconded RESOLVED that the Town Board Hof the Town of Southold herebydeter y Councilwoman Oliva, it was that the amount of $81,750.00 shall be deposited with the Town in lieu of nd for Park and Playground Purposes b mines division of Wolf Pit Pond Estates Y Wolf Pit Associates, owners of the sub- d ivision of. the Town Board: Mattituck. Councilman Penn Ayes: Councilwoman Larsen, Councilwoman Oliva, y, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to authorize an attendence at a 20.-Moved by Justice Edwards, seconded b conference. RESOLVED that the Town Board of the Town ofSouthold woman a hereby� it was authorizes Conservation Advisor Council members Daniel Ku'awski and Bett Wei attend the 1988 Annual Conference on the Environmental on Se rues and 25, 1988, at Saratoga Sprin s Is to for meals, lodging, ptember 23, 24, 9 g, travel and registration pshallabe ah legal cchar e ary expenses Conservation Advisory Council's 1988 Budget. 20.-Vote of the Town Board: 9 against the Councilman Penn AYeS: Councilwoman Larsen, Councilwoman Oliva, y, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to authori Grand Avenue. ze an abandonment o f a part'of 21A.-Moved by Councilwoman Oliva, seconded b RESOLVED that consent is hereb liven to Raymond- Penny, it was k hwa s of the Town of Southold to abandon a ortionJof Grand acobs u erintendent of known as Long Creek Bridge Road, and also known as Red Brid a Road,- tending from the easterly line of Grand Avenue, Mattituck so Avenue also 9 and ex- Creek, and has not been traveled on or used as a highway for six or more prior to the date hereof, and is hereby delcared abandon southeasterly to Long 205 of the Highway Law as a highway and a Yearn highway a described w follows: abandoned pursuant to Section Public right int n way. Said abandoned Grand Avenue distant 245.98 feet southerly as measuNG at a red along the easterly side of of Grand Avenue, from the corner formed. by the intersection ofthe aeaste side of Grand Avenue with the southerly side of a Right-of-wa 17 degrees 17 minutes 20 seconds West along easterly side of Gran easterly side feet to a point; thence South 28 degrees 13 y• running thence North a point; thence South 58 degrees 00 minutes 20 seconds Eastd Avenue 101. 7g g minutes 20 seconds East 49.50 feet to Creek; thence South 24 degrees 26 minutes 40 seconds West along 135.00 feet to Long feet to a point; thence North 58 degrees 00 minutes 20 seconds West 1 _ easterly side of Grand Avenue, the Point or lace of Long Creek 49. 93 21A.-Vote of the Town Board: p p BEGINNING. 14. 74 feet to Councilman Penn Ayes: Councilwoman Larsen, Councilwoman Oliva, y, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: 21B is to authorize the execution of a quitclaim between the Town of Southold and Mar of Grand Avenue. Y Anna Smith for the abandoned Portion I offer this resolution. 21B.-Moved by Supervisor Murphy, seconded b RESOLVED that the Town Board of the Town of Southold herebyauthorizes y Councilwoman Oliva, it was directs Supervisor Francis J. own o ou o an Murphy to execute a 7w—ee sand ary nna mit Quitclaim Deed between the a � uc a so nown as or the abandoned portion of Grand Avenue, Road. png ree ridge Road, and also known as Red Bridge 21B.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Councilman Penny, Councilwoman Cochran, Justice Edwards, Su pvier isor Murphy. Oliva, This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 to create the position of Town Building Maintenance Crew Leader. 22.-Moved by Councilwoman Cochran, seconded b y Council RESOLVED that the Town Board of the Town of Southo an Penny, it was position of Town Building Maintenance Crew Leader ' hereby creates the ..per hour, and directs that said position be posted foreasperiod of two weeks. 22.-Vote of the Town Board: Ayes; Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor M This resolution was declared duly-ADOPTED. Murphy. SEPTEMBER 6, 1988 303 SUPERVISOR MURPHY: Number 23 is to authorize the Town Clerk to reduce the price of Tercentenary material as follows: Calender of Events was; $.65, it's $.25, the Historical map was $1 .50 to be sold at $.50. We have thousands of them on hand, and have been unable to sell them. COUNCILWOMAN LARSEN: I think they would make great stocking stuffers. SUPERVISOR MURPHY: A good Christmas gift. And a bargain price. I offer this resolution. 23.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to reduce the price of Tercentenary material as follows: Calendar of Events (was $.65) to be sold at $.25; Historical Maps (was $1 .50) to be sold at $.50. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24, if you'd like to act on, is on the decision on to adopt Local Law number 25, which is building lot yield, which is the first public hearing we had tonight. 24.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, WHEREAS , a proposed Local Law No. 22 - .1988 was introduced at a meeting of this Board held on the 9th day of August, :1988; and WHEREAS, a public hearing was held thereon by this Board on the 6th day of Sept- ember, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 22 - 1988 be enacted as follows: LOCAL LAW NO. 22 - 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 herebya mended 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. 11 . This Local Law shall take effect upon its filing with the Secretary of State. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is on the second public hearing, on proposed Local Law No. 25, concerning abstract of title. 25.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 23 - 1988 was introduced at a meeting of this Board held on the 9th day of August, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 6th day of Sept- ember, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 23 - 1988 be enacted as follows: LOCAL LAW NO. 23 - 1988 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: 1 . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-141 A 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, accompanie,0+_rby 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 100-144 D is hereby amended to read as follows: 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 .ioncr,nforming use shall be issued by the Building Inspector after receipt c f a 3r(-perly ccrapleted application. A certified abstract of title. issued by fit-(C; cr_u!iDan; which shall show single and separate ownership of the entire Ict pri,,:­ -cc April 9, 1957 shall be submitted with an application for a certif- ici to of cccupanc; for vacant land or a nonconforming use. If a certificate of occupancy is c:c„i;:�; the l"wilding Inspector shall state the reasons there- for in writing to the applicant. 3 0 4 SEPTEMBER 6, 1988 3. Section 100-144 G 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 certifica of occupancy is denied, the Building Inspector shall state the reasons the or 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. 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is on the third public hearing we had tonight, which is on the proposed Local Law No. 26, concerning vehicle and traffic - - regulations. 26.-Moved by Councilwoman Cochran, Seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 24 - 1988-was introduced at a meeting of this Board held on the 23rd day of August, 1988; and WHEREAS, a public hearing was held thereon by this Board on the 6th day of Sept- ember, 1988, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 24 - 1988 be enacted as follows: LOCAL LAW NO. 24 - 1988 A Local Law in Relation to. Vehicles and Traffic BE IT ENACTED by the Town Board of the Town of Southold as follows: I . Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is here amended as follows : 1. By amending Section 92-30 (Stop Intersections with Stop Signs) by addin: thereto the following: D irection At Intersection Stop Sign on of Travel with (Hamlet) Soundview Avenue East Horton's Lane Southold Soundview Avenue West Horton's Lane Southold ll . This Local Law shall take effect upon its filing with the Secretary of State. .26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, that's the end of the prepared and added-on agenda. Are there any Councilman, who would have any further comments? Ray? Nothing, Frank. Ellen? COUNCILWOMAN LARSEN : It just seems like we should be celebrating Memorial Day, rather than Labor Day. SUPERVISOR MURPHY: It certainly did go by fast. Jean? COUNCILWOMAN COCHRAN : Yes, I wanted to share with Ellen, I was driving in the car last week, and on the radio they were discussing a book that this women had written in relation to VDT, and she compares them also to sweat shops, and I'm driving along, but I wrote down the name of the book, and remind me I'll give it to you, so that you can read the book. . people have the same philosophy as you. SUPERVISOR MURPHY: Very good. George? COUNCILMAN PENNY: I just wanted to comment on Resolution No. 15, which voted against. I feel that with all the discussions we've had about the Town acquisition of property coming out of the cluster subdivisions, which were originally dedicated for the sole and exclusive use of th. subdivision. P m voting against this change that the Town can take over this property, because I feel that there are other ways in which the Town can gain the use of this property, such as easements and exactly the same effect as ownership of the property without, number one, removing them from the tax rolls, and number two, increasing the Town's liability exposure and also, possible maintenance for the future. So that was my reason for voting against Resolution 15. Thank you. SEPTEMBER 6 1988 305 SUPERVISOR MURPHY: Thank you, George. Ruth? COUNCILWOMAN OLIVA: There's one thing that the Farmland Preservation Committee wanted me to share with the rest of the community. The newest appraisals that have come in, for farmland preservation, are $3,000.00 higher than they were three years ago. So that means, because we bought at a good time we saved the Town, about $1,200,000.00. So that's really great because we have over 400 acres in our own Farmland Preservation Program. SUPERVISOR MURPHY: Very good news. Thank you. Anyone in the audience, who would like to address the Town Board? Jean? Please identify yourself. JEAN TIEDKE: Jean Tiedke, and I live on Hobart Road. All summer long we have had increasing fast and noisy traffic. My husband knows a lot more about speeding and stuff than I do, says that some of them are going 50 to 55 miles an hour, up and down our road. It's marked for 35. We recommend that the top speed be 25, and then maybe, people will stay at 35. I'm sure that's probably true of other roads leading to popular beaches, such as Founders Landing. It's really been very hectic. SUPERVISOR MURPHY: I feel for you. I would suggest that you get some neigh- bors: write a letter. We can't set speed limits. The State has to do it, and they will come and do a survey, but we cekainly will listen, and ask the Police Department to go down with radar • and give us some figures. COUNCILWOMAN OLIVA: It's too late now. SUPERVISOR MURPHY: I'm sure if they were doing it during the summer; they would still be doing it. COUNCILWOMAN COCHRAN: I don't think it's neccesarily just the beach, Jean, because we're on the other half of Hobart, and the traffic has been more than I've ever seen it before, into the later hours of the night and faster speeds. They come over that railroad track and you can hear that car leave, and all four wheels bang at the same time. JEAN TIEDKE: I can hear it. COUNCILWOMAN COCHRAN: I think you're finding it through the nucleus of the hamlet, that there is more speeding, not just on our roads, but where there's posting and usually if someones doing 40 they'll allow 45, and so if you get it down to 25, 'I'm with you one hundred percent. You can give them a ticket at 35. SUPERVISOR MURPHY: We have, also, good news for you down on Hobart. Right in the neighborhood we do have the plans for a major drainage correction problem down there, on the road run-off. Hopefully, we'll be starting this fall. We've just got them. We're looking now to get the okays of the property owners. Get their permission. JEAN TIEDKE: What part are you talking about? SUPERVISOR MURPHY: Basically Lew Edson's property. That pond. We're going to put some drainage structures there to catch some water, and to filter it into that pond, and then, to filter it into phragmites bed. JEAN TIEDKE: Are they going to replant that with new seed, that they were going to do last year, and couldn't. SUPERVISOR MURPHY: We can't take over. We'd originally anticipated making larger phragmites bed on to the wetlands, but the DEC will not allow it, do``- what we're going to do is do a better filtration program in where that pond is right now. COUNCILWOMAN OLIVA: In the north of it. JEAN TIEDKE: Last year you were talking about, befor'ir'our Highway Superintendent got so sick, about planting a differant kind of water reed up there. SUPERVISOR MURPHY: No, it would be the same kind. What we were going to do was cover them over with gravel, an4d plant- into the gravel. The DEC didn't want that. Basically we'ri_5,__-accomplishing the same thing. It's the same grass. 3 6 SEPTEMBER 6 1988 JEAN TEIDKE: That top end has filled in more than a foot, since we've been there. SUPERVISOR MURPHY: Just passing that on, this is some progress on run-off. Anyone else like to address the Town Board? George? GEORGE WETMORE: George Wetmore, vice-president of the Greenport-Southold Chamber. I guess I'd better just say, points to ponder. The 150th Anniversary of Greenport is going to be celebrated on, I believe, the weekend of October 1st and 2nd. I think it would be appropriatefor the Town to somehow have a resolution, joining in the celebration. I would suggest, possibly, if you could think about that for your next meeting. Three recomendations. I don't know, we haven't sat down with our Board of Directors yet, but in our own minds there are such things as junk trees, and there are such things as trees worth saving like the buttonwood, beeches, birches and trees like that that will be around for a hundred years, where your choke cherries and locusts are what they consider junk trees. So if you 1 hope you will refer it to someone that's a little more professional in line to guide you as to which trees that you might consider worthy of protecting, and of possibly a foot in diameter, five feet off the ground, so you know they're there for a while. The other thing is that we should probably your zoning areas for the "B" zone and see just how many acres of trees you're talking about. You're only talking about three or four acres. It's hard to distinguish right now with all the open land trees were cut down years ago to pay the tax to the "British. COUNCILWOMAN OLIVA: George, with our Tree Ordinance the only way the Town could control anything like that is if the trees are on Town property, and we have people that are experts in their field, as far as landscaping and tree surgery and so forth and so on. And they have addressed this, the type of tree that should be planted. They have reviewed the ones that should be saved, or what have you. So we do have experts, that are really addressing the problem. GEORGE WETMORE: I have had some experience in this, since .my brother-in-law has had a tree company for about 25 years, but there may be a little error. But I was speaking more like the Ordinance that came up a while back, out of the blue on. . . COUNCILWOMAN OLIVA: Land clearing, you're talking about, that's two different things. GEORGE WETMORE: I think you have to have a balance there. You can't go totally off the wall with it. You can save, like I said, your most vulnerable trees, but I think George has something in the works where has to go in and chop trees to make a survey. You're going to get a little of that no matter what you do. The other thing again, it would pay to assess, how many acres are involved with this? The only areas I know of, really, are Mattituck basically. And zoning changes with the new Master Plan it all comes think a lot of it. The one thing that is coming up and I understana cne State and the Governor a program housing in a 1200 square foot range for $60,000 if we get an award, and I'll probably be talking to the Democratic people more than the Republicans, since the Democrats control Albany. The Democrats control the County, and I'm for affordable housing. .period. I don't give a darn which seat it comes from, but I think everybodys here to see that we do keep of our youth in the community to add to its base. I really feel to that, if there was a way to declare this Town a critical employment area, in fact, we don't have enough. And if that would assist in somehow, people in Albany, when they come out with the awards, the application is made, I believe. In several weeks, there will be a big announcement by the Governor, I'm told there was a Law passed. . .check with Sawicki, he'll fill you in on it. . .it amounts to about fifty million statewide, so it isn't a heck of lot to go around, and .,--- maybe we can grab some of it $175,000.00 a house. We are working on something now to try and get some of that money, but we'll need your support, Frank, and the County Executives support, all the way up to the Governor's office. I' m very serious about that. I'd appreciate your help, we'll talk 'to you about it in the future. Thank you. "'M1� SEPTEMBER 6, 1988 307 SUPERVISOR MURPHY:Thank you. Anyone else, who would like to address the Town Board? (No response.) If not, I think the motion is in order to adjourn, and I thank everyone for coming out. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, is was RESOLVED the this Town Board meeting be and hereby is adjourned at 8:32 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Judith T. Terry i Southold Town Clem