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HomeMy WebLinkAboutTB-07/26/1988 235 SOUTHOLD TOWN BOARD JULY 26, 1988 WORK •SESSION 9:00 A.M. - 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. EXECUTIVE SESSION 9:05 A.M. - The Board, with the exception of Councilwoman Cochran who absented herself from this se' ssion,;:and Town Attorney Schondebare met with Special' Counsel Richard Lark to discuss. litigation. 9:45 A.M. = Planner David Emilita. met with the Board to review the responses at the public hearing, and written comments with respect to the Generic Environmental Impact Statement pertaining to the proposed amended zoning map and ordinance. During a review of the proposed zoning- map the Board made the following decisions on specific sites: New Suffolk -- Hamlet toi!r.emain as is; Bayview, Southold, Plock property - R-40 Board is 'satisfied; Young's Marina: Councilwomen Oliva and Larsen want zoning changed to. M-1, Councilmen Cochran and Penn, Justice .Edwards, Supervisor Murphy - M-11 ; Geier and Kontokosta properties, west Greenport - change from HD to R-80 - Yes - Councilwomen Larsen, Cochran,. Oliva, Supervisor Murphy, No - Justice Edwards, Abstain - Councilman Penny (Kontokosta is a client) -- Mr. Emilita was instructed to change the map to HD on the Geier and-. Kontokosta properties; M-11 zone at the foot of. Village Lane, Orient - Change to M-1 - Yes - Councilwomen Cochran, Larsen, Oliva, Supervisor Murphy,: No - Justice Edwards, Councilman Penny -- Mr. Emilita was instructed to change the map to M-1 ate the foot of Village Lane, Orient; Jim King marina - M-11 zone, east side Mattituck Inlet - change to M-1 on the request of Mr. King - Yes - Councilwomen Cochran, Larsen, Oliva, Supervisor Murphy, No - Justice Edwards, Councilman Penny --. Mr. Emilita was instructed to change the map to M-1. on the Jim King property.; property on the northwest corner of Cox Neck Road, Mattituck - change from LB to R-80 - Yes - Councilwomen Cochran, . Larsen, Oliva, Supervisor Murpy, No - Justice Edwards, Councilman Penny -- Mr. Emilita was instructed to change the parcel ont he northwest corner of Cox Neck Road, Mattituck to R-80. Based upon the foregoing review Mr. Emilita advised he is ready to print the Final Environmental Impact Statement as soon as the above changes are made on the proposed zoning map. 11:15 A.M. - David Riba, Triangle Consulting Corp. , made a presentation to the Board with respect to acquiring the IBM AS/400 to replace the IBM System /36 5360 while -that system is currently at maximum trade-in value. Immediate replace- ment will give the Town the benefit 'of full hardware value on. the product because usage will be amortized on a new system live cycle (6 to 8 Years) . Several leasing companies are prepared to offer significant trade-in allowances on the 5360 that will favorably offset the initial investment. They are will to provide the Town with a purchase/lease-back arrangement prior to the arrival of the AS/400 to take advantage of the current higher trade-in allowance. The Town will be getting the most current technology with a data storage capacity to handle growth in not only the Town's offices but in other municipal dpeartments. Accountant John Cushman and Account Clerk§ Jeanne Cullen and Barbara Rudder were in attendance during this presentation. The Town Board agreed to this upgrade, and authorized Town Attorney Schondebare to prepare the necessary bond resolution for $60,000 to cover the cost of same. 2 3 6 . J U LY 26, 1988 11:30 A.M. - Recreation Director Ken Reeves met with the Board .to discuss recent legislation requiring all beaches to have a spine board. Mr. Reeves stated that our lifeguards are not properly trained to 'use .the spine board, and on beaches where there is one lifeguard on duty there will be a problem as two people are needed to lift the board. He said that currently opponents of the law are now fighting in Albany to have it revoked. The..-.floard "requested Town Attorney Schondebare to .Qbtain..a copy, of :the legislation and review same and report back to the Board. Supervisor Murphy will contact Assemblyman Sawicki and Senator LaValle for their comments. 12 Noon - Aldo ,Marlett and ,Lawrenc,e ,Turchin of Cashin Associates, Inc. , Engineers and Architects, met with the Board for a presentation of proposed engineering sery :s for a Town of Southold Traffic Study. Mr. Marletti reviewed the various tasks the would.. perform to determine current traffic 'volumes. and patterns, gather data base, forecast traffic volumes for 1988,: -1990,. 1'995, 2005, 2020. They will analyze the Town's .arterial' roadway networks ability to handle current andprojected-traffic volumes, suggest roadway improvements for each of the planning intervals to mitigate existing congestion as well as traffic 'related problems forecast for the future; evaluate municipal parking needs for each of the hamlet districts and forecast future needs. Also to be considered-.will. be other issues or projects identified by the Town such as bicycle paths and exercise trails along major Town roadways, identification of means to enhance mass transit within the Town and instruction of Town personnel on the use of computer based transportation planning models. (The Town Board will be meeting with other engineering firms who will present their proposed Traffic Studies in the future.) 1 :00 P.M. - Recess for lunch. 1:45 P.M. - Work Session reconvened. and the Board reviewed For Discussion Items: (1) Receipt of a Retainer Agreement between the Town and Hawkins, Delafield 8 Wood who will render legal advice and assistance to the Town in development and implementation of its municipal solid wate and sludge composting facility to be constructed at the Landfill Site, Cutchogue (see resolution no.23) . (2) Application of Robert Saetta for permission to locate a watchman trailer inside a building owned by Harvey Pollak, Depot, Lane, Cutchogue, while the building is under construction (see resolution no. 24) . (3) Landfill fees of neighboring Towns--Board will hold this 'discussion for the -819188 meeting. (4) Receipt of letters from Eric Bressler, Attorney for Charles Zahra; 'requesting an appointment to meet with the Town Boar c so me Zahra may make a presentation with respect to Building Department files. The Board set 8:30 A.M. , August 8, .1988� to meet with Mr. Zahra. (5a:.) Rescind resolution, engaging the .services of Lewis 'Edson to appraise the Henry Arbeeny subdivision to determine money in lieu of land for park and playground. Mr. Edson has a conflict of interest with the property (see resolution no. 25) . (5b.) Engage the services of another appraiserto appraise the Arbeeny property--Board selected Andrew Stype (see resolution no. 26) . EXECUTIVE SESSION 2:30 P.M. - Discussed personnel matters. 3:00 P.M. - Work Session adjourned.. REGULAR. MEETING 3:00 P.M. A- Regular Meeting. of the Southold Town Board was held on Tuesday, July 26,. :1988,.. at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 3: 00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV' Councilwoman Ruth D. Oliva C-mincilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare` JULY 26, 1988 2 37 SUPERVISOR MURPHY :,.,_;qkay ., he,.-,fi,r§.!-,,>o.rder:,.of-,-.business is a resolution approving the audit of the bills of July 26th' 1 988 Moved by Councilwoman Cochran,. seconded by Councilwoman Oliva, it was RESOLVED that the following. audited. bills be and hereby are ordered paid: General Fund Whole Town. bills in the amount of $69,169- 40, General Fund Part Town bills in the amount of $59,928.42; Highway Department, Whole Town bills in the amount of $13,331.31 ; Highway Department, Part Town. bills in the amount of $15,895. 42; Fishers Island Ferry District bills in the amount of $47,348-64; Fishers Island Ferry District Agency & Trust bills in the amount of $159.58; Southold Wastewater District bills in the amo7unt of $15,985.79; Fishers Island Sewer District bills in the amount of $542.55;. Nutrition Fund. bills in the amount of $2,360. 89; Adult Day Care bills in the amount of $237.72; Home Aide Program bills in the amount of $16- 14; Snap Program bills in' the amount of $2, 844.91; Computer Capital Account bills in the amount of $5,379..00;. Community Development Fund bill's in the amount of $700.00. Vote of the Town "Board:. Ayes: Councilwoman Larsen, Councilwoman Oliva, ..Council-..,_ - woman Cochran, justice Edwards, Supervisor Murphy. Abstain: Councilman Penny. This 'resolution was declared duly ADOPTED. SUPERVISOR-MURPHY: Next is a resolution approving the minutes of the Town Board meeting of July 12th, 1988, and the meeting of July 14th, 1988. Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED. that the minutes of the regular Southold Town Board meeting held on July. 12,..19. 8.8. and the minutes of the special Southold Town Board meetiM held on July, 14, 1988 be and hereby are approved. Vote of the Town Board:, Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman. Cochran, Justice Edwards, Supervisor Murphy. This 'resolution was.-'declared duly ADOPTED. SUPERVISOR MURPHY : Next is a resolution setting the next meeting dates for August 3rd, 19.88, 1:00 P.M. on Fishers .1sland, and also for August 9th, 1988,. 7:30 P.M. , Southold Town Hall. I 'Offer that resolution. Moved by Supervisor'Murphy, seconded by Justice Edwards, it was RESOLVED that the next, regular, Southold Town, Board meeting, will be held at 1 :01, P.M.. ,. Wednesday, August. 3,. 1988.,. Fishers Island School, Fishers Island, New York, and the next regular. Southold Town Board meeting, to follow that will be held at 7:30 P.M, Tuesday, August 9,198.8'r. Southold Town Hall, Main Road, Southold, New York.. Vote of the, Town Board:. Ayes: Councilwoman Larsen, Councilwomab Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 1 . 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 read. 1. Town Justice Tedeschi - monthly report for June, 1988. 2. New York State Department of Health Beach Inspection Report. 3. Town Justice Price - monthly report for June, 1988. 4. Supervisor's monthly budget report for June, 1988.' 5 1, Police Department monthly report for June, 1988. 6. Councilmen's Reports. At this time I would *like to ask the`Councilmen if they have anything special to report, starting on my right with Ruth. COUNCILWOMAN OLIVA: Thank you very much, Frank. On July 12th I attended a scoping session with Dave Emilita .on our. Affordable Housing. on Bois.seau Avenue. On July 13th we had a Highway .Committee meeting which our chairman Jean Cochran will report on. Also in the evening of July 13th we had a Code Committee meeting. We had originally thought we could put some different variations on back yards and front yards of waterfront. We found it was unfeasible, so that will be taken out. We will put a search form in for. Victor Lessard, which will be put in the Code- ' for vacant lot C.O. 's. We will have coordination of SEQR with lead agency forms and everybody can add something to these forms, but at least everyone in Town will have the same type of form. We have a definition of fences to put in the Code which is on the agenda, and the Peddlers, we will bounce this office the Chamber of Commerce Committee for next year. We're having another Code Committee meeting tomorrow night for non-conforming uses, cluster and junk yards in case anybody's interested. On July 19th we had an Open, Space"Committee. The ch;ai'rman is looking at properties adjacent to park district lands for acquisition. There was one gentleman, Dbug Miller at Laurel Lake, that put' in his application. We are just going out for an appraisal on that piece just to get our feet wet with that, and we have asked Vilma Marston who is very concerned with projects at Rii--hmond Creek to come in for more specific details for our next meeting which will be August 30th. I also iust quick ran in to the Waterfront Revitalization Committee meeting that night. On 2 3 JULY 26, 1988 July 21st we had a Housing Committee meeting which Jean will report on. And also attended the same day a_scoping session with Dave Emilita on Harborview. attended a Village Board meeting where Southold Villas came in form some clarification, which they weren't too happy about. And last night I attended the Utility meeting at Greenport. Thank you. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes, on the 13th I attended the Code Committee meeting which Ruth has already reported ,on, and on the 22nd I attended the Housing Committee which Jean will report on. Thank you. SUPERVISOR MURPHY: Thank you, George. Jean? COUNCILWOMAN COCHRAN : People keep saying I'm going to,.-,report on the Housing. There's very little to report. We have another meeting set. We're still-waiting for some information from our Community Development Office, . and with that hopefully we will finalize those. changes and then it would be presented to the Board. On July 13th I attended. a- scoping. session.on D BM Co. for a change of zone for the affordable housing district. . Also--I .don't remember the date--July something, we had the final meeting of the Highway Committee, and, the Planning Board. on the 13th-- thank you Ellen, in ' re.lation to the non-major subdivision highway specs. The committee has approved them, the Planning Board has approved them, the Superin.tendent of Highways has approved them, so they'll-be going now to the Town Board in time for our- next meeting and it will' be discussed at that point. Attended the Special Board,Meeting to endorse,a: Home Rule Message, which our Supervisor ran up to Albany that day. On the 19th I met with Councilwomen Larsen and Oliva in relation to personnel. . On the 22nd I met with a gentleman--as the Board is aware I .am trying--I will be getting a proposal on putting blinds in Town Hall--vertical blinds, so as soon as I get that proposal I!II present it to the Town Board and you can make the decision rather or not it should go out to bid. Monday afternoon Frank and 1 met with Rob Brown to review, the form that will be going to all the departments in relation to the evaluation as far as space and growth of our different departments in relation to the addition that we're proposing on the back of the building. I think that's about it,* Frank. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUNCILWOMAN LARSEN: On the 13th of July I attended a scoping session for DBM. on their affordable housing project. I'd just like to note for the record that in reviewing my papers in. my Town box over 'the past month that He Mandel has paid 'his '$2,000. for the review for the DEIS' by the Town and it is under protest, and that we have all noted that. On the 13th I attended the Highway Committee meeting which Councilwoman Cochran reported on. We had. been reviewing the minor specs for subdivision:v roadways for quite some time and the committee reviewed it along with Town Attorney Schondebare and it 'was forwarded to the Planning Board and the Highway Department for their comments, at which time, as Councilwoman Cochran said, it will' come back to the Town Board. On the 13th I attended the first hour of the ;:Code. Committee meeting Councilwoman Oliva reported on. On the 14th we held a special. Board meeting. to endorse a Home Rule Message for the passage of the 2% Landbank Tax, which I understand from the lobbiest working for the Town it is alive and well in Albany and will be reconvened on the August 2nd session. . On the 19th I attended the Open Space .Committee meeting and the Local Waterfront _Revitalization Program, which Ruth has touched. briefly on. I think both committees are looking at the formulation of a comprehensive plan for open space acquisition for areas that perhaps are contiguous with our already existing parks, and to get a handle on which areas are not in the subdivision ,stage, and which areas would best be served for either community access both on the waterfront and the interior of the Town. On the 19th of that afternoon Jean, Ruth and I met to discuss .some personnel problems within the Town. On the 21st there was the Housing Committee meeting which Rob Berntsson gave us some alternatives as to better processing of the applications for AHD zones. Also we are waiting for a report on a sliding scale for applicants based on the number of members of the fami from Jim McMahon. And on the 21st I also attended a scoping .session for Harborview for property located off Sage Boulevard in Greenport to go from Residential to, Multiple Dwelling Units. Thank you. SUPERVISOR MURPHY : Thank you.. Raymond? JUSTICE EDWARDS : Thank you, Frank. Fishers Island, of course, is busy this time of year. Last Saturday we had our Annual Summer Civic Association Meeting and some of the highlights of the meeting were. there's been $10, 000 donated to come up with an engineering study for a bicycle path for Fishers Island. That was donated by private citizens. The Fishers Island Conservancy has come up with their final engineering study on how not to get rid of the garbage on Fishers Island, but they're in favor of shipping it off the Island, but the dollars and cents haven't been all Put together and there's going to be a meeting some time in August to let the people know both pros and cons of the incinerator on the Island and busing the garbage 2. JULY 26, 1988 3 9 to Southold. The Walsh Park Affordable Housing is still in limbo. I think there was another site plan brought in to the Board last night for review. All in all the Civic Association meeting was very well attended and it seems as though the people on Fishers Island are concerned with the future of the Island. They're also concerned about the development that is being done over there and how to control the development Fishers Island Development Company, FIDCO, which owns most of the vacant space on the eastern end of the Island has put a moratorium on selling any more property up there, but of course there are some little subdivisions that have been done in the past that can be built on, but Fishers Island Development Company is not in the future going to sell off any more property. The water study over there is well down the. line. They have found some good wells. They're going to sink about 20 all together. They found some excellent ones, and they've also found some non- producers, and so when all that data'1s: put.together there will be a report to the Town Hall. I came over here yesterday afternoon with my cousin Kenny who is a member of the Planning Board, and I can honestly say that the people--I .went to Motor. Vehicle down in Riverhead, and I have to commend those people. -Even though I have to stand in line--you can only do three pieces--three applications at once--in' less than an hour a completed eight applications for the people on Fishers Island, so I can say that those people in Riverhead do excellent work. And I hear so manyr people complain about the Motor Vehicle Department. If you have all your papers in order it's no problem with it. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Raymond. I would just like to add we missed the session there before the State Assembly and Senate recessed by about eighteen hours. If'they stayed. longer we would have probably had our quarter cent sales tax extension for the County and hopefully our 20 landbank, so they are going back in August and hopefully we. have some results. I wou d just like to report-- make a few comments on the convention that I went to, which was fantastic, and the one lady .who was. bounced o f.-t a rappointred.,.official who was bounced off the ballot by the elected official--i'm.very happy--it was too much work for her. It would have been much too tiring for. her. The hours, the parties, would have been too much for Chris so I'm.very happy that tl was able to save her that annoyance. But.. it really was fantastic. I t'was quite an experience to partake in. The speakers on the whole were really fantastic. Quite a bit of effort goes into making the platform up, discussion. . There was a little bit of discussion with the Dukakis and the Jackson candidates, and after a. while it all worked out quite nice and it was a very, very exciting experience. II . ' PUBLIC NOTICES._ (None)' III. COMMUNICATIONS. SUPERVISOR MURPHY : There are five Communications. These are on file in the Town Clerk's Office. 1. New York.State Department of Environmental Conservation, transmitting a $10,000 check to offset the costs of constructing the Town's STOP Facility. 2. Greenport-Southold Chamber of Commerce recommedi'ng that the Town Board amend their bidding process to make it mandatory that they go to bid for all repairs and maintenance work over $1,000.00. 3. Greenport-Southold Chamber of Commerce recommending that the Peddling and Soliciting Ordinance be repealed in its entirety. 4. Greenport-Southold Chamber of Commerce recommending that a uniform set of rules be applied to the fees schedule for all types of application fees. 5. David S.. _Corwin suggesting that the Town go to full value assessment. 6. Greenport-Southold Chamber of Commerce inquiring as to what is holding up the approval of the Tidemark Reso-;rt Motel application which has been in front of various town agencies for five years. 7. Greenport-Southold Chamber of Commerce recommending an amendment to the Subdivision Regulations as follows: "After an application is accepted by the Southold Town Planning Board, the sketch plan approval should take no longer than ninety (90) days." IV.. PUBLIC HEARINGS. . (3:30 P.M. - proposed "Local Law in Relation to Appearance Tickets".) 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. There will be period of time after to address the Town Board on anything that concerns anybody. So is there anyone would like to address the Town Board on any proposed resolutions now? (No response.) Hearing none we'll move on to the first resolution, which is a trailer permit renewal. 2 4 O JULY 26, 1988 I.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the application of Samuel G. Brown for renewal of his single family house trailer permit, for trailer located on the west side of Tuthill Road, Cutchogue, which permit expired on July 15, 1988, be and hereby is granted for a six (6) month period. I.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 2 is to accept a full environmental assessment form. 2.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that.the Town Board of the Town of Southold hereby accepts the Full Environmental Assessment Form with respect to the Southold Solid Waste/Sludge Facility,, and hereby authorizes and directs Supervisor Francis J. Murphy -to execute same. 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 declare lead agency. 3.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency.. in .regard to the State Environmental Quality Review Act in the matter of the proposed •Southold Solid .Waste/Sludge Composting Facility to be constructed on a portion of the site of the Cutchogue. Landfill. 3.7Vote of the ,Town Board: . Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Coun.cilwoman Cochran, Justice Edwards, Supervisor Murphy. This 'resolution' was declared duly ADOPTED. SUPERVISOR MURPHY;_. Number 4. is to determine as lead agency that this facility is likely-to have a significant effect on the environment. I offer that resolution. 4.-Moved. by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that pursuant to the provisions of Article 8 of the Environmental Conser tion Law; Part; 6(17 of Title 6 of the New York State Codes; Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agen..y, does hereby determine that the action described. below is unlisted and is likely to have a..signi.ficant, effect. on ,the .environment, . Description. of Action: Construction of a 120 .TPD municipal solid waste and municipal sludge. composting. facility at the existing Cutchogue Landfill, Town of SOuthold. The Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. In' accordance with said law, rules and code a Draft Environmental Impact State- ment .shall.. be prepared. 4.-Vote of the Town .Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. " .- This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: N.umber:.5 is to appoint a part-time Clerk Typist. 5.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Theresa J ., Reilly as a part-time,. year-around Clerk Typist for the Board of Appeals, effective immediately, 17-1/2 hours per week, $6.50 per hour. 5.-Vote of the Town Board:. Ayes : Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to appoint a Justice Court Clerk. 6.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Noel E. Peck as a Justice ,Court Clerk, from the Suffolk County Department of Civil Service Certification of Eligibles, effective August 8, . 1988, at a salary of $16, 881.32 per annum. 6.-Vote of the ,Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to appoint a Clerk Typist. JULY 26, 1988 241 7.-Moved by Councilwoman Larsen, seconded'by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Theresa Zimnoski as a Clerk Typist for the Justice Court, from the Suffolk County Depart- ment of Civil Service Certification of Eligibles, effective August 8, 1988, at a salary of $15,816-32 per annum. 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. 8.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew D. Stype, C.A.R. at a fee of $600.00, to,conduct an appraisal of the land of Douqlas J. M`i_11_er,, Mattituck, (100-121-4-10) to determine the market value for the purpose of acquiring same under the Open Space Preservation Program . 8.7Vote of the Town Board..:. Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 we're going to hold (accept the $70j000 Certificate of Deposit 'of Golf ViewAssociates) Number 10 is a. budget modification, Highway Fund, Whole Town. 10.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following ,1,988. Budget Modificatinn. to the. Highway, Fund - Whole Town: To: DA9040. 8 - Workmen!s Compensation $ 6,200.00 From: Fund Balance $ 6,200.00 to provide for increase of Workmen's Compensation premium. 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 a budget modification, Highway Fund, Part Town. 11.-Moved by Councilman Penny, seconded. by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following .1988 .Budget Modification to the Highway Fund - Part Town: To: DB9040. 8 - Workmen's Compensation $ 13,200. 00 From: DB4960 Federal Aid $ 13,200.00 to provide for increase of Workmen's Compensation premium. 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is an advance fee payment- authorization. 12.-Moved. by Justice Edwards, seconded. by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advanced fee payment in the amount of $55.00. to permit Recreation Director Kenneth Reeves to take a CPR and a Multimedia First Aid course; said charge to be made to A7020. 4, Recreation Administration; check made payable to American Red Cross. COUNCILWOMAN COCHRAN: I would just like to make comment. Ellen, of course, is on the Recreation Committee with myself and Ken, and the reason that we're doing this, and very 'pleased that Ken is going to take this training, is because next year we can utilize him as a teacher to our Lifeguards and people, so it will -save one step we're hoping next year. SUPERVISOR MURPHY: Very good. 12.-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 13 is to advertise for bids. 13.-Mived by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk- to advertise for bids to replace the caps on the Caterpillar Compactor Model 816B located at the Landfill Site, Cutchogue. 13.-V-oteof the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to appoint a Lifeguard, Jean. 2 4 - JULY 26, 1988 14.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Chris Oliver as a Lifeguard for the remainder of the 1988 summer season, effective . immediately, at a salary of $5.90 per hour (2nd year) . 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. COUNCILWOMAN COCHRAN: I hope the Board during budget time will look at these salaries that Lifeguards are paid, because I think we're going to have to make some changes. SUPERVISOR MURPHY: And Number 15 is a budget modification for the Fishers Island Ferry District. 15.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was_. . RESOLVED that the Town Board of the Town of Southold hereby authorizes the following .1988 Budget modification to the Fishers Island Ferry District: To: .1950.4 Property Tax,. New London $ 394. 00 From: 5710.4 Operation Ferry $ 394. 00 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: And Number 16 is 'a budget modification to the General Fund, Whole Town. 16.-Moved by Councilman Penny, seconded. by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the . following 1988; Budget.modification, to the.General. Fund, Whole Town: To: . A7020. 4 Recreation Administration, Contr. Exp. $ 3,000. 00 From: A7620. 4 Adult Recreation, Contractual Expenses $ 2,000. 00 A1750. 4- Sport Program, Contractual Expenses $ 1,000.00 to provide moneys fQr the fall and winter brochure printing costs, office supplies, and travel costs. 16.-Vote of the Town Board; Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY : And. Number 17 is another. budget modification to the General Fund, Whole Town. 17.-Moved. by Councilwoman Oliva, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the ` following .1988. Budget modification to, the General Fund - Whole Town: To: A8510. 4 STOP Program, Contractual Expenses $ 15,000. 00- From: A8160.4 Refuse 8 Garbage, Contractual Expenses $ 15,000. 00 to provide additional moneys for monthly removal of hazardous waste. COUNCILWOMAN OLIVA: Money well spent. 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 a modification again for the Fishers Island Ferry District. 18.-M.oved. by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following..1988, Budget modification to the Fishers Island Ferry District: To Revenues: 3097 Capital Grant, New York State $ 8,960.00 Appropriated Fund Balance 16,467.00 To Appropriations: 5610.2 Elizabeth Airport - Rehabilitation $ 25, 427. 00 for County of Suffolk design and construction supervision for Elizabeth Airport Rehabilitation. 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 in Relation to Zoning" to the Southold Town Planning Board and Suffolk County Planning Depart- ment in accordance with our Code. I offer that resolution. JULY 26, 1988 _ 243, 19.-Moved by Supervisor Murphy,­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 in Relation to Zoning"; now, therefore, e 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 Suffolk County Department of Planning all in accordance with the Southold Town Code 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: 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: "FENCE - A structure bounding an area of land designed to either limit access to the area or to screen such an area from view, .or both." II.' . 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. SUPERVISOR MURPHY: And Number 20 is to engage the services of Lew Edson for the appraisal of Wolf Pit Pond Estates for park and playground purposes. I offer that resolution. 20.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby engages_ the services of Lewis Edson for the purpose of conducting an appraisal of the major subdivision of Wolf Pit Pond Estates, located at Mattituck, so the Town Board may determine the amount of money to .be deposited with the Town in. lieu of ,land for park and playground purposes., all in accordance with Section A106-38E(3) of the Code of the Town of Southold, Subdivision of Land. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This .resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to accept a bond estimate amount and Letter of Credit .for the Sunbeau Associates Subdivision. I offer that resIolution. 21.-Moved by Supervisor Murphy, seconded by Councilwoman OI'iVa, it 'was . RESOLVED that',"the Town Board of the Town of Southold hereby approves the bond, amount of $169, 155.00 for roads and improvements in the Sunbeau Associates Sub- division,. located at Mattituck, all in accordance with the recommendation of the Southold Town Planning Board and Consulting Engineers Sidney B. Bowne S Son; and be it further RESOLVED that. the Town Board hereby accepts the $169, 1s5. 00 Letter of Credit for, roads and improvements in the Sunbeau .Associates Subdivision, all in accordance with the recommendation of the Southold Town Planning Board. 21.-Vote of the Town Board: Ayes : Councilwoman Larsen, Councilwoman Oliva, Council- man Penny,: Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY : . Number 22 is to accept a bond estimate for the Franklyn Born Minor Subdivision. Amended October 4, 1988 Resolution #27 22.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED .that the .Town Board of the Town of Southold hereby approves the bond amount of $21,000.00 for roads and -improvements in the Franklyn Born Minor Sub- division,. located at Southold, all in accordance with the recommendation of the Southold Town Planning Board and Consulting Engineers Sidney B. Bowne 8 Son. 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This :resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 23 it "to' engage Hawkins, Delafield & 'Wood as special. counsel to assist the Town in our. funding for the Landfill Program of Composting/Solid Waste. 23.-Moved by Councilwoman Cochran, 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 Retainer Agreement between the Town of Southold and Hawkins, Delafied 8 Wood whereby Hawkins, Delafield S Wood will render legal advice and assistance to the Town in the development and implementa- tion of its municipal solid waste and sludge composting facility to be constructed at the Landfill Site, Cutchogue, all in accordance with the Retainer Agreement as 2.4 4 JULY 26, 1988 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to approve the application of Robert Saetta for permission to locate a watchman trailer inside a building under construction on the property of Harvey Pollak. I offer that resolution. 24.=Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the application of Robert Saetta for permission to locate a watchman trailer inside a building under construction on the property of Harvey Pollak, 5005 Depot Lane, Cutchogue, New York, be and hereby is granted for a six (6) month period. 24.-Vote of the Town Board : Ayes : Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : And Number 25 is to rescind Resolution NO. 21, passed on July 12th, .1988, engaging the services of Lew Edson to conduct an appraisal. I offer that . Mr. Edson did this because he has a possible conflict of interest on this property. 25.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution .No .. 2% adopted on July. 12, 1988',. engaging the services of Lewis Edson to conduct an appraisal of the subdivision of Henry Arbeeny for park and playground purposes, as Mr. Edson has a conflict of interest with respect to the.;property. 25.-Vote of the .Town .Board:. Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 26 is to engage the services of Stype for the purpose of conducting an appraisal of the subdivision of Henry Arbeeny. I:.offer that resolution. 26.-Moved. by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the servic of Andrew.D. Stype, .C.A.R. for the purpose of conducting an appraisal of the subdivision of Henry Arbeeny,_ Kenneys Road, Southold, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes,. all in accordance with Section A106-38E. (3), Subdivision of Land of the Code of the Town of Southold. 26.-Vote of .the Town Board:. Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, .Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, it's now 3:30, I'd like a resolution to recess for the time it takes to hold our Public Hearing. Moved by Councilwoman Cochran, seconded. by Councilwoman Oliva, it was . RESOLVED that a recess be called at this time 3:30 P.M. for the purpose of holding a public hearing, on a proposed "Local Law in Relation to Appearance Tickets". 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. Meeting reconvened at 3:33 P.M. SUPERVISOR MURPHY: I 'll reopen the regular Town Board meeting and go on to Resolution. No. 27 which is, if nobody has any objections, and obviously there were none, to approve Local Law No. 19 concerning Appearance Tickets. 27.-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, a REoposed Local Law. No. 19 - 1988 was introduced at a meeting of this Board held on the 12t ay o July, 988; an WHEREAS, a public hearing was held thereon by this Board on the 26th day of July, 1988, at which time all interested persons were given. an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 19 - 1988 be enacted as follows: LOCAL LAW NO. 19 - 1988 A Local Law in Relation to Appearance Tickets BE IT ENACTED by the Town Board of the Town of Southo d as follows: I . Chapter 26 (Appearance Tickets) of the Code of the Town of Southold is hereby amended as follows: JULY 26, 1988 . 2 4 5 E. Ordinance Inspectors and Code Enforcement Officers. Any statute, local law, ordinance, rule or regulation regarding housing, building, zoning, fire safety, sanitation, 'amusement, signs, peddling and any other areas concerning public order and safety, including, but not limited to, all Chapters of the Code of the Town of Southold. 11 . This Local Law shall .take effect upon its filing with the Secretary of State. 27.-Vote of the Town Board:, Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : And Number' 28 is 'a resolution to create a position of Principal Building Inspector and set a salary. Would somebody like to make the resolution? TOWN CLERK TERRY : you have' to set'a salary and I don't know what it is. COUNCILWOMAN LARS EN : It's $32,000.00. Set a salary of $32,000. 00. COUNCILWOMAN COCHRAN : At the-base? COUNCILWOMAN LARSEN : At the. base. SUPERVISOR MURPHY: Are we calling for. the list also? COUNCILWOMAN LARSEN: Yes. 28.-Moved by Councilwoman Larsen, seconded. by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby creates _the_position of Principal Building Inspector,, sets a salary of $32,000. 00 per annum for said position, and hereby authorizes and directs Supervisor Francis J . Murphy to request a Suffolk County Department of Civil ,Service Certification of Eligibles for said position. 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Pen.ny, C.ouncilwomran Cochr'an,;.Jus.tice Edwards. No: Supervisor Murphy. This resolution was declared duly ADOPTED.' . SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on agenda. is there any member of the Town Board would like to make any other comments, starting over on my. .left with Raymond? JUSTI-CE.. EDWARDS:. Get the steel helmets and flack jackets out, Fishers Island next Wednesday. SUPERVISOR MURPHY: Ah, those people are nice, Ray. JUSTICE EDWARDS : Oh, yah. They're getting smarter though, Frank. SUPERVISOR MURPHY: What are they doing? COUNCILMAN PENNY: I don't think he's .going to tell us. e SUPERVISOR MURPHY: Ellen? COUNCILWOMAN. LARSEN : Yes, I'm looking forward to participating in the Peconic Task Force Seminar on the 29th and I hope, Jean, that you can join us. 1 look forward to seeing you there and people from the various departments. I would like to say this is a great time of year to be in Southold. Southold is wonderful this time of year. The water is wonderful this 'time of year, .the fresh. vegetables are out, it's just a great place to live. In' fact I can go on vacation and 1 don't even want to leave the area, because this 'is a great place to vacation "in the summer. Southold's the place to. be. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN : I would like to continue with the Executive Session after the conclusion of this for just five minutes, please. SUPERVISOR MURPHY: Sure. George? COUNCILMAN PENNY: No, I'd just like to thank Justice Ray Edwards from Fishers Island for supporting the refurbishing of our Caterpillar compactor at the Landfill. JUSTICE EDWARDS : Ohi,, no, no. I supported the bid. I just supported the bid. COUNCILWOMAN COCHRAN : But you won't support the purchase. SUPERVISOR MURPHY: Remember, we might have to take care of your garbage. 246 J U LY 26, 1988 JUSTICE EDWARDS : Not in my life you won't, Frank. COUNCILMAN PENNY : Maybe my thanks were in advance. Maybe they were a little too..hasty.. SUPERVISOR MURPHY: Yes, I think you were a little too hasty. Ruth? COUNCILWOMAN OLIVA: No, just to say we're looking forward to going to Fishers Island I'll bring along my steel helmet. Thank you. SUPERVISOR MURPHY : Okay, is there anyone in the audience who would like to address the Town Board? On the left? (No response.) In the middle? (No respor .) No one on the right. If not we would like to do a memorial resolution. We learned this morning that Bob Douglass, a member of the ZBA passed away, and I'd like to have a moment of silence in honor of Bob, and also that this be made a -part of our record. A resolution will be sent to the family. So please, let's have a moment of silence. 29.-Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, -this 'Board has learned with deep sorrow ofthe death of ROBERT J. DOUGLASS,. a member of the Southold Town Board of.Appeals;, and WHEREAS, in his service to the people of the Town of Southold since August 16, 1978 Mr. Douglass distinguished himself as a dedicated and conscientious public servant; and WHEREAS, the Town Board of the Town of Southold wishes to give formal expression of its loss in the death of ROBERT J. DOUGLASS, a man esteemed by his associates and respected. by all; now, therefore, be it RESOLVED that when the Town Board adjourns this day it does so out of respect to the member of ROBERT J. DOUGLASS: and be it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting and a copy. be transmitted to the family of ROBERT J. DOUGLASS that .we may.extend to _.them our sincere sympathy. 29.-Vote of .the Town ,Board:, Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I'd just like to comment that Bob served the Town for quite a few years and was a very hard working member of the ZBA and I'm sure he will be missed..by the entire Town. At this time I'd like to entertain a motion to adjourn and thank everyone for coming. Moved. by Councilwoman Cochran, seconded. by Councilwoman Oliva, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 3:38 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. EXECUTIVE .SESSION. 3: 40 P.M. - Board discussed personnel matters. Executive Session adjourned at 4: 00 P.M. Judith T. Terry Southold Town Clerk