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HomeMy WebLinkAboutTB-07/28/1987 261 SOUTHOLD TOWN BOARD JULY 28, 1987 WORK SESSION—' Present: Supervisor Francis 'J. Murphy,.Justice Raymond W. Edw.ards, Councilman Paul Stoutenburgh, Councilman James A. Schondebare ( 10:20 A.M.) , Councilwoman -Jean W. Cochran,. Councilman George L. Penny IV., Town Clerk Judith T. Terry, Special Counsel Francis J. Yakaboski. ' 9:00 A.M. - The Board. met with Farmland Committee members Andre Cybulski, Chair man, .Robert Vi Ila,.and William Grigonis to discuss their O.pan: Space Program proposal calling for a $1',000',00.0 bond issue and a proposition on the ballot at the General Election,. November 5th. Attorney Yakaboski 'is working on the proposed bond and format for the ballot proposition. 9:30 A.M., - Planner Valerie •Scopaz met with the Board to advise them she will'be. working with the. Code Committee to.draw up revised situ plan fees. Attorney Yakaboski suggested the -Code Committee consider inspection fees for minor subdivisions. This will also be addressed. 9:45 A.M. - Planner.David�Emilita met with the Board to review hisL rough draft of.the Generic'Environmental Impact Statement with respect to the proposed Local Law to amend the Southold -Town Zoning Ordinance. Councilman Penny advised he had not had time to review the draft since he was out of town last week, but -in'hisbrief review he finds that the draft is 'not thorough.enough.as to what is 'the number of acreage or- parcels being changed from one zone to another, and .he would like more time to review the draft and asked to meet with Mr. Emilita at the next Town Board Work Session on August 11th.to go into more detail. Councilman Stoutenburgh state he felt there should be a more detailed explanation with respect to the marine zones. Mr. Emilita will address Councilman Penny's and Stoutenburgh's requests before the work session, as well as any fromi other Board members. 9:55 A.M. - Town Trustee President Henry P. Smith met with the Board to review a proposed "swap" of property between Wortis/Cook/Emerson, the Southold Park District and the Town Trustees at the foot of South Harbor Road, adjacent to Richmond Creek, - Southold. The result of the "swap" would give Wortis/Cook/Emerson a small .parcel of Trustee property adjacent to their property to afford them privacy, and they would deed the .Park=District ."Matt Island" adjacent to the Park District property. This proposal has been under discussion for several years and Trustee Smith advised the Board the matter wi Il'be concluded shortly if 'the -Town Board is agreeable: The entire Board felt the proposal would.. benefit all concerned and would(have:no objection:. 10: 10 A.M,o- Wate-r;.Advisory Committee members Frank Bear, Chairman and Valerie'- Scopa.z met with the Board to show them the "Test Your Water." posters which were designed as a public'service by Burke Liburt-of Ellary E Burke. The asked the Board's permission to have 200 posted printed at a cost ofapproximately $150. 00. Permission was granted. Mr. Bear informed the Board that there will'be a public' informational meeting conducted by the Committee on August 19th, to which .County Legislature Presiding Officer Blass and County Executive LoGrande will be invited. 10:15 A.M. - For Discussion Items: (1) Letter of.request from the .East End Arts and Humanities Council for an increase in the Town's support of the Greenport summer concert 'to $750.'00. The Board has budgeted $550.'00 for 1987 and is unwilling to increase this 'allocation. (2) .Receipt of proposals for professional.cleaning services of Town Hall. Board will'engage Harold Lockwood for the months of August through October before 'entering into a long term contract (see resolution no. 23). . (3) Discussion relative to the use of compression guns to -frighten the birds by farmers. (4) Discussed appointment to fill'the vacancy .on the Board of Ethics.. Names of John.B. ,Tuthill and Frank Kujawski, Jr. were discussed. A majority. of the Board couldr•no.t agree on one individual. . Councilman Stoutenburgh requested a resolution (no. 24) be placed -on the ' agenda for the appointment of Frank Kujawski, 'Jr. (5) Letter from Garrett A. Strang, `Architect, relative to drainage design criteria: This matter should be"resolved by the Planning. Board. (6) Discussed entering .a !'Town" float in the September 12th parade celebrating the Bicentennial of the U. S. Constitution. Councilwoman Cochran will chair this project. (7)' Receipt of a resume from M. Lynne Richards for a position of Director of Special-Services/Handicapped Coordinator. . The Board sees this position, if 'created under the guidance of the Recreation Department, and a meeting will be arranged with 2 6 JULY 28, 1987 Recreation Superintendent Reeves to discuss this further. (8) Notification from the Town Clerk that no bids were received for cutting up/or removing abandoned vehicles from Town properties. Councilman Stoutenburgh suggested setting up an area at the Landfill and leasing it to a contractor. He has spoken to Bob Pfluger of B.P. Wreckers and he would be agreeable. Mr. Pfluger will be asked to meet with the Board to discuss this further. :(9) Request from John Wickham to" include his farm in Cutchogue in the Town's Special Deer Season. The Board .would have no objection. Mr. Wickham will have to obtain permission and make the arrangements with the NYS-DEC. 10:55 A.M. - Board began reviewing regular meeting resolutions. 11 :00 A.M. - Robert Brown, Architect, met with the Board to review his preliminary plans for the Justice Court and Walkway addition to the Town Hall. Mr. Brown.was asked to bring in'a proposal ror• overseeing the project from start to finish so a resolution could be placed on the regular meeting agenda (see resolution no. 27) . 11 :45 A.M.— Special Counsel Yakaboski again met with the Board and this time there was a dicussion relative to the compression guns used by.farmers to frighten the birds. Mr. Yakaboski stated this'is 'a very difficult area to enforce without a detailed noice ordinance. He suggested setting up a meeting with a mediation group and inviting both sides to participate and perhaps. this 'would resolve the problem. EXECUTIVE SESSION 12 Noon -, The Board discussed possible litigation with Special Counsel Yakaboski. 12:20 P.M. - Recess for lunch. 1:30 P.M. - Work Session reconvened and the Board audited outstanding vouchers. EXECUTIVE SESSION 2:00 P.M. - Board discussed personnel matters with Chief Winters. (Councilwoman Cochran left the room during this Executive Session.) 2:20 P.M. - While still'in'Executive Session the. Board interviewed Mark Newton, prpspective Assiistant,Town Attorney applicant. 2: 30 P.M. - Board concluded reviewing resolutions for the regular meeting agenda. 3: 15 P.M. - Councilman Penny led a discussion with department heads relative to proposed computerization of the Town Hall. 4:25. P.M. - Work Session adjourned. REGULAR MEETING 7: 30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday; July 28, 1987, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy openE I he meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry SPECIAL..GUEST: County Executive Michael A. LoGrande JULY 28, 1987 263 SUPERVISOR MURPHY: -The first order'of business is a resolution to approve the audit of the bills from July 28th, 198T. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was . RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in'the amount of $24,146. 56; General Fund Part Town bills in the amount of $8,990.49; Highway Department bills in the amount of $17,644. 00;and $45,572. 68; Fishers Island Ferry District bills in the amount of $4,588. 16; Nutrition Program bills in the amount of $78. 14;;Fishers Island Sewer District bills in the amount of $329. 47; Southold Wastewater Disposal District bills in the amount of $13,440. 02. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Next is 'a resolution approving the minutes of the July 14th Town Board. meeting. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the minutes of.the July 14, 1987 Southold Town Board Meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And next is -to set the next Town Board meeting dates. The first one is 'August 5th, 1987,' 1 :00 P.M. on Fishers Island. The second is August 11th, 1987, 7:30 P.M. at the Southold Town Hall. I offer that resolution. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the next regular meetings of the Southold Town Board will be held on August 5, -1987, 1 :00 P.M., Fishers Island School,. Fishers Island, New York, and August 11, .1987, 7:30 P.M., Southold Town Hall, Main'Road, Southold, New York. Vote..of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, .Justice' Edwards, Supervisor Murphy. This 'resolution was declared duly ADOPTED. . 1 . REPORTS. SUPERVISOR MURPHY: Okay, moving on to the first item on the agenda is 'Reports. -These I would like to remind everybody are on file in the Town Clerk's Office for anyone who would like to read them. 1. . Board of Appeals monthly report for June, 1987. 2. (a)Supervisor's monthly budget report for June, 1987. 2.(b)Supervis6r's monthly budget report for March, 1987. 3. Employee's leave time report for June, 1987 4. Audit report by E. F. Kaldor, C.P.A. for fiscal year 1986. 5. At this time I would like to ask the Councilmen if 'they have anything special, starting on my left with Judge Edwards. JUSTICE EDWARDS: Thank you, Frank.. The only thing I might add is it's been an extremely busy summer on Fishers Island. We've never seen such vehicular traffic on the boat, and. thank God we have a view boat, and now they're even talking about a third boat. It's been an unreal summer over there as far as the Ferry District is concerned-. Secondly, four of us went out to Wisconsin Monday to look at a new garbage concept and I'll let some of the other Board members fill you in on that. Thank you, -Frank. SUPERVISOR MURPHY: Thanks, Ray. Jean? COU NCI LWOMAN COCHRAN : Yes, I would just like to update on several items. As far as Buildings and Grounds is concerned you will note that on the agenda this evening we do have a resolution where we're acting on a proposal from the architect. If every- thing goes. according to plan with his 'timeframe and the-timeframe of the modular construction and so forth I see this 'project. completed--I'm going to say late fall. As many of you are aware;`we as a Town Board are fully aware that we are bursting at the seams here and there is 'a great need for additional room within Town Hall. So this 'is something that we're going in'a positive direction to solve this problem that we do have. On September 12th Southold will be joining the Nation in'celebrating the Bicentennial of the Constitution. The committee is planning a parade on the 12th at 3:00 P.M. and the Town Board is going to .get involved. We're going to sponsor a float in the parade and we're .asking for volunteers to serve on this committee from our elected, our appointed, and also our employed personnel, and I have great hopes that members of this Town Board will'volunteer to help bui.ld the float._ I think it could be a lot of fun.: . Also I'm working on Wage and Policy. I'm working on a schedule- of wages for part-time yeart:iaround employees, .seasonal employees, and work-study program personnel. We do have a Town Board policy that covers only part of this and I think perhaps _aibetter way might be to go is 'a schedule of wages.which I will 264 JULY 28, 1987 be presenting to the Town Board for the next meeting for their discussion. Also this evening at 5:00 o'clock Paul and I attended the meeting of the Town Green. We started out here in one of the rooms and ended up down on the corner of Youngs. As many of you as you ride past you see that the .Kiwbnis 'is 'constructing the gazebo,; it's the beginning of the development of the Green. One thing.we.were asked of the Town Board--Paul made note--we're goingto be very soon be doing a solicitation for the general public'and the sign that's been put up, and .the thermometer, as far as how many funds we've raised to date, it's erected on the corner, but the return address for donations is the Peconic'Land Trust, but it's the Southampton address, and Paul noted this 'and the committee felt that it might be better if it was still the Peconic Land Trust, Frank, but that the-mailing address for contributions--if it's. agreeable %xitih the Town Board, to be Town Hall. SUPERVISOR MURPHY: Sure. COUNCILWOMAN COCHRAN : They just felt that it's a part of the ownership of the Town and we didn't want.to discourage anyone with a Southampton address on there. SUPERVISOR MURPHY: I think it would be a good idea. COUNCILWOMAN COCHRAN: So with Town Board approval when they come here then they would be collected and turned over to John Halsey. SUPERVISOR MURPHY: Any member of the Town Board have any objection? (None. ) COUNCILMAN STOUTENBURGH : .You wouldn't have to even open the envelope. Just set them aside. COUNCILWOMAN COCHRAN: All right. Judge Edwards has mentioned that we traveled to Wisconsin ,yesterday. It 'was kinds of shades of Texas when we traveled to Tyler, Texas last year. It was a long day. You start at 5:00 in the morning and get home at 8:00 at night. Jay is 'chai-rman of .the Landfill Committee so I willleave this 'for him for reporting, but I would just like to say that I was impressed in what I saw as far as the handling of solid waste. It did-come out to be a fairly decent :composting product. Thank you, Frank. SUPERVISOR MURPHY: Thanks Jean. . Paul? COUNCILMAN STOUTENBURGH: Thank you, Frank. Last Thursday I attended a Farmland Committee meeting which the members met before this 'Board this morning and told more in'detail of their proposed bond issue which they hope to float this fall and the referendum to the public.'to spend some money for open space. What they're finding out is that many times they'll be taking a farm in their Farmland Program and along with the farm would be a piece of woodland or marshland., and by cutting this off they would just entice development of that piece of land, so they'd like to be able to purchase that, but their charter doesn't allow them to do this: ..So they're hoping to have some moneys set aside through this 'referendum so that we can purchase these things in a lawful manner. So hopefully that will-come through and be on the . ballot this 'November. Also on July 21st I attended the Water Advisory Committee and they were very. happy to see the Town Board had .appropriated $10,000 for the water -machine whichwill'be in'the Senior Citizen -building and everyone is very glad to hear that that has been done. They are also. in'the process of working on a poster program. This poster program will tell "Have You Had Your.Water Tested?" and if not would- you like information about any problems with water and give a telephone number so that the: people in'the .Town wi ll'have a telephone number that they can call up and get some ready answers. They're also thinking of running a series of questionnaires on the radio about water, just a short,':Lmaybe one or two minute thing- "Do-.you know what- pollutes your water?" , "Do you know how to have your water tested?". These kind of things.. So that-people will start to -become aware of water _problems on the Island here. We also have some questions for our County Exec when he' comes. which we'll .hold off for. Also I attended the Village Green meeting here, as Jean has said; and it was really quite rewarding To see ten or fifteen men from a Kiwanis :all pitching in:. Some of them cutting brick, others laying brick, others measuring, others filling, and some just helping along in whatever way they could. . It was really a true spirit of cooperation, and I hope the community gets behind this drive and supports it financially, because we have about $53,000 already pledged, and we need about $100,000 to do the job we want, and if 'we don't,well.we just cut off some of the things we'd hoped to do, but we wanted..to get all the rough wo.rk like the gazebo and the w-ater lines and the-electric lines ,that disturb the land, get that in'frrst and then we can go ahead and start putting in grass and what have you.. - I also'attended a meeting on Tuesday that the DEC was out here with the Planning Board and the Trustees and they are now again Igoing over checking out all our fresh- water wetlands. They're starting at Orient and they spent two days out there so , far visiting every one-of the freshwater areas in the Town. To be a freshwater area on the State map you have to .have approximately 14 acres. Well that was- set up for the entire State, .and as you know the State has many vast wet areas, but Long Island has very few, and so..there is- a clause in the law -that allows towns to nominate small JULY 28, 1987 265 areas that they would like.,Ao protect and;the.Town--has:talready sent that list in and now they're going over it to verify them and then there will'be public hearings and rest of the thing, so that's in'the works and hopefully that will be done. That's it; frank. SUPERVISOR MURPHY: Thanks, Paul. Jay? COUNCILMAN SCHONDEBARE: Yes, thank you, Frank. We did indeed go to Wisconsin Yesterday. What is 'most amazing is 'that you can leave Southold Town at 5: 30 in'the morning and you got to Chicago, you go to Madison,.Wisconsin, and you get back to Southold by 9: 30 last night, and that's what we did: We went to Wisconsin mainly because the City of Portage is up there and it being the only city that we are aware, municipality, that's actually-composting household garbage. You take actually house- hold garbage in'the plastic. bags--we saw it=-and they put it into a digester operation and what_youget out at the other end of it_ ft after about ei ht days in the cylinder is a compost material whichthey are using up there on t-e` nursery stock. They are not using the compost material on their'food chain; and evidentially they, won't .have any permits, etcetera, to do that for at least another year or two after the test the material to make sure that nothing is going to happen once it gets on the food . chain; but they are using .it and it's not an incineration , it's clean. It seems to be efficient. They do not do any pre-sorting ahead of time. We saw .what we would probably see down here at the Southold Landfill: The garbage comes in'in the plastic. bag, just like we do, everything's in'it; they don't pre-sort, they.put it right into the digester., it 'goes around and they add sewage sludge into it and a compost comes out the other end. It was quite a site and it actually does work evidentially. They've shown that it can work. Whether or not it can work in the Town of Southold remains to be seen, 'but at least__know that there's someplace actually doing it. It's also amazing that you travel-=that I actually:traveled to Madison, Wisconsin'to walk around somebody . elses garbage. I found that absolutely unbelievable:. But.:it was a good trip and we learned a great deal. The Code.Committee is not going to meet the first Wednesday of August, we'll be on Fishers Island on.tha;t..date. . So we've moved the Code Committee-- for those of you who attend--to the following Wednesday, which is on the 12th of August, at which time we'll again discuss TDR's which came up the..last time. They'll be back on again under old business. Thank you, Frank. SUPERVISOR MURPHY: Thanks, Jay. George? COUNCILMAN PENNY.: While all the Councilmen were running around attending to all the Town affairs I had a nice leisurely week in the north woods of;Maine with eighteen Boy Scouts, and that's really all I have to report. It was quite an experience. Thank you. SUPERVISOR MURPHY: I'm sure it wasn't easy. COUNCILMAN PENNY: Troop 51, by the way. Troop 51 in Greenport. We're looking for volunteers.`- SUPERVISOR MURPHY: . All I'd like to do is add is 'what everybody was saying, the. bond issue is 'so important, it's too bad that the Land Transfer Tax did not go through. think Mike LoGrande will discuss part of that tonight. He was very instrumental in tryingto get it passed. He's one, I think, of the few people around that really.. realized the serious problems that the towns are facing with open space, to prevent over-development, to protect our watershed. We're very sensitive out here. And the land fill'problems, and I think we'll discuss them. But they are very, very serious problems and I'm very glad that we're moving along. I think we're much further ahead than many, many towns in. New York State. 11. PUBLIC NOTICES. SUPERVISOR MURPHY: These public notices are all posted on the Town Clerk's Bulletin' Board for anyone who would like to read them. 1. . New York State Department of Transportation, Traffic and Safety Division, Notice of Order establishing a "No Standing - Any Time" restriction on the north side of Route 25 (300 feet west of Peconi c Lane) to 20± feet east of the driveway of the auto dealer (Wells Pontiac-Cadillac) , 170 feet east of Peconic Lane. 2. New York State Department of Environmental Conservation, Notice of Complete Application-of Harold Wilsberg to construct--50 ft of retaining wall and 50 ft. of bulk- heading with a 15 ft. return on the west side and connecting.to the existing bulkhead to the east, and dredge a 35 ft. by 100 ft. area to 4 ft.. below mean low water and _ place the resultant 325 cubic yards of material landward of the bulkhead as back.fill; at the south side of Ole Jule Lane fronting James Creek, Mattituck. Comments by August 21 , 1987. 266 JULY 28, 1987 Ill . COMMUNICATIONS. (None) IV. PUBLIC HEARINGS. (None) V. RESOLUTIONS. SUPERVISOR MURPHY: We will'now start the Resolutions that are scheduled. At this time I would like to remind everybody the policy of the Town Board that you may address the Town Board at this time on any proposed resolution to discuss, to make any comments you want to say on it; and then we will have the resolutions. After that there wi ll'be a period of'time' when you may address the Town Board on anything that bothers you, is.'of any concern to you, any questions you have, and we'll be here as long as you want to answer these concerns. We have Michael LoGrande coming tonight, so this pis why Il .like to move ?Inr.J on +hese s^ that %"JQ can give him time and give the people in'the audience a time to question either him or us on . what's going on in this 'area. So is 'there anyone here who would like to address the Town Board? On the left? On any proposed resolutions? Over in the middle? On the right? .(No response.) Okay, if not I would like to offer the first one to set. a public hearing on August 25t.h'on a proposed :'Local Law in relation to the Regulation and Control of Alarm Systems!'. I offer that resolution. 1.-Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in relation to the Regulation and Control of Alarm Systems", now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, August 25, '1987, Southold Town Hall, Main Road, Southold,. New York, as time and place for a Public hearing on the aforesaid proposed. Local Law which reads as follows, to wit: LOCAL LAW. NO. - '1987 A Local Law in relation to the Regulation . and Control of Alarm Systems BE IT ENACTED by the Town Board of the Town of Southold, as follows: 1. That Chapter_ 24 be added to he Code of the Town of Southold as follows: Chapter .24 - Alarm Systems Section 1. - Purpose. The purpose of this local law is 'to establish standards and controls of the various types of fire, intrusion, holdup and other emergency signals from fire . and police alarm services that require fire department or police responses, investigation or safeguarding of property at' the location of an event reported by a signal which is transmitted by telephone or radio to the Police or Fire Department from a central station as hereinafter defined. Section 2. Definitions. For the purpose of this local law, the following definitions shall apply: TOWN OF SOUTHOLD - ,All of the Town of Southold, excluding Fishers Island. ALARM AGENT - .Any person who is ' employed by any business, firm, corporation or other commercial entity that is ' licensed hereunder to conduct - the business of owning, operating, maintaining, installing, leasing or selling fire or police alarm devices whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing, in' or on any building, place or premises, any fire or police alarm device as defined in this ' local law within the Town of Southold. ALARM .INSTALLATION - Any fire or police alarm device or aggregation of fire or police alarm devices installed on or within' a single building on or within' more than one (1) building or area adjacently located on a common site at a specific* location. BUSINESS . LICENSEE - Any business, firm, corporation or other commercial entity which is ' in' the business of owning, operating, maintaining, installing, leasing or selling a. fire or police alarm device or devices or system of fire or police alarm` devices which business, firm or corporation or other commercial entity is an owner,. operator, provider of maintenance, service, installer, lessor or sellerof`said device, or system of devices subject to the license requirements of this local law. CENTRAL. ALARM STATION - Any facility operated by a private firm that owns or leases a system of fire or police alarm devices which facility is manned.. by operators who receive, record or validate alarm signals and relay information about such validated signals to the Police o.r. Fire Department when —appropriate. JULY 28, 1987 267 DIAL ALARM - Any fire or police alarm 'device Which is a telephone device or telephone attachment that automatically or electronically selects a telephone line connected' to a central alarm station or police headquarters and reproduces a pre-recorded message to ..:..report a criminal act or other emergency requiring Police or Fire Department. DIRECT ALARM -. Any fire or police alarm device connected directly by leased telephone wires from the specified location to police headquarters or the fire department. EMERGENCY ALARM - Any fire or,police' alarm device designed to be actuated by a fire criminal act or other emergency at a specific location or by a victim of a hold-up robbery or other emergency or criminal act at a specified FALSE EMERGENCY ALARM - Any signal actuated by an emergency alarm to which the police or 'fire dpeartment responds which is not the .result, of a fire, robbery or other crime or emergency. FIRE DEPARTMENTS - Buildings owned by the Fire Districts of Mattituck, Cutchogue, Southold, East Marion, Orient. FIRE OR POLICE ALARM DEVICE - :-Any device which, when actuated by a fire, criminal act or other emergency requiring Police or Fire Department response, transmits a pre-recorded message or other signal by a telephone, radio or other means to a central alarm station or directly to the Police or Fire Departments produces an audible or visible signal designed to notify persons within audible or visible alarm range of the signal, except for residential smoke detectors/alarms. INTRUSION - Any entry into an area or building equipped with one (1) or more police and fire alarm devices by any, person or object whose entry actuates a police alarm device. LICENSING AUTHORITY - The Town of Southold or its designated agent. POLICE HEADQUARTERS - Police headquarters and other enclosures housing privately or publicly owned equipment serving the police. Section 3. License Required: Authority to Grant Licenses and Permits: Time Limit for Compliance. A. It shall be unlawful for any person, business, firm, corporation or other commercial entity to operate, maintain; install, lease or sell a fire or police alarm device or devices or system of fire or police alarm devices, as defined by the terms of this local law without first obtaining a license as hereunder provided. B. Authority to Grant Licenses and Permits. (1) The licensing authority is ' hereby authorized to grant a revocable license to any business, firm, corporation or other -commercial entity, authorizing said' business, firm, corporation or other commercial ' entity ' to do business in' the Town of Southold by performing any or all of the following functions: own, operate, maintain, install, lease or .sell a fire or police alarm device or devices or system of fire or police alarm devices. The licensing authority is ' hereby authorized to grant a revocable license to any alarm agent. The lice'n'sing authority is hereby authorized to grant a revocable permit - to any owner of property located within the Town of Southold or the lessee. thereof to operate, maintain; install and modify a fire or police alarm device. Applications for licenses and permits. C. Applications for licenses and permits shall .be made as follows: (1) All businesses, firms , corporations or other commercial entities which are in the business of owning, operating, maintaining, ;i 'stalling, leasing or selling, a fire`or police alarm device or devices or system of fire or police alarm device or devices, who desire to conduct business in' the Town of Southold shall apply . to the licensing authority for 'a busi-ness license, on a form to be .supplied by the licensing :authority. The application shall contain specific'provisiohs relating to the quality, efficiency_. and` effectiveness of the device or system of devices owned 268 JULY 28, 1987 or to be operated, . maintained, installed, leased or sold by the business licensee, testing procedures -involved and any other information the licensing authority shall determine to be law. (2) Such business license shall be issued for a one-year period, on a calendar year basis ' or a part thereof, and no license shall extend beyond December 31 of each year. Notwithstanding this provision, a person having a business license may conduct such business through January 31 of the year following the expiration of his business license. (3) Any person who is to be an alarm agent in the Town of Southold before acting as such alarm agent shall apply for and receive a revocable alarm agent license. The application shall be made to the licensing authority on a form to be supplied. by the licensing authority. The application shall contain specific provisions relating to the fire or police alarm device or devices, holdup alarms, dial alarms or alarm installations which are to be sold, leased, installed, operated or maintained by the alarm agent, the skill and competency of the applicant as an alarm agent and such other information the licensing authority determines to be reasonably necessary to effectuate the purpose of this local law. Such calendar year basis 'or a part thereof, and no license shall extend beyond December 31 of each year. The - applicant, upon submission of this application, shall be fingerprinted and photographed by the Town of Southold Police Department. Notwithstanding this provision, a person 'having an alarm . agent license may act as such alarm agent through January 31 of the year following the expiration of his 'license. (4) Any property owner or lessee of property in' the Town of Southold having on his or its premises a fire or police alarm device or system of fire or police alarm devices shall apply to the licensing authority for a permit to own or otherwise have such device on his or its premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. Application for permits for fire or police alarm devices existing in- premises on the - effective date of this local law must be made to the licensing authority by December 31, 1987. No such device may be installed on the premises of the owner or lessee and . no presently existing fire or. police alarm device complying with the . provisions of this � local law shall be modified. after the effective date of this local law prior to the licensing authority's having issued a permit 'to such owner or lessee. Such permit need not be obtained on an annual basis; but shall be obtained each time a device or system is ' to be installed or modified. Section 4. License Fees. License fees shall be as follows : A. Business License: One Hundred Dollars ($100. 00) per calendar year or part thereof. B. Alarm Agent: Twenty-five Dollars ($25. 00) per calendar year or part thereof. C. Owner or Lessee Permit. No Charge. Section 5. User Fees. The shall be payable to the Town of Southold a fee of two dollars ($2..00) per month for a fire or police alarm device or devices installed on the premises of any owner or lessee. Such user fee shall be payable in the first instance by the business licensee who: services the fire or police. alarm device or devices of the owner or lessee, but, upon the failure of the business__licensee to make such payments when they become due, the owner or lessee of the premises shall thereupon become liable for any any unpaid� user fees. Such user fees shall be paid`to the Town; Clerk monthly in' advance of the first day of each month. Upon failure to make any such payment, the Town shall have the right to proceed by civil action to collect such user fees. Failure to make any such payment after written notice thereof has been given to the owner or lessee shall subject such owner or lessee to the penalty provision of such law. JULY 28, 1987 269 Section 6. Suspension or Revocation of Licenses. A license issued under this law may be suspended or revoked by the licensing authority after notice and hearing by the licensing authority for the violation of any of the provisions of this local law or any regulations or regulations promulgated by `the licensing authority pursuant to this 'local ---Tlaw, and any Aicense or identification card issued hereunder shall be surrendered immediately to the licensing authority upon such suspension or revocation. No part of a license fee shall be refunded when a license is suspended or revoked. Any applicant whose application for a license or permit has been denied or any business license, alarm agent, owner or lessee whose license has been suspended or revoked by the licensing authority may appeal such denial, suspension or revocation in writing to the Town Board at a time and place to be determined by the Town Board in support of his or its contention that the license should not have been denied, suspended or revoked. Section 7. Records. Every business, firm, . corporation or other commercial entity conducting the- business of owning, operating, installing, leasing or selling fire or police alarm devices within the Town of Southold shall maintain' complete and accurate records of all installations of alarm systems in the Town of Southold and shall provide such records on a monthly basis for the licensing authority. Section 8. General Provisions. A. Restrictions: No fire or police alarm device shall be connected directly to the Town of Southold police headquarters or any Fire Department without the express written consent of the Chief of Police or Board of Fire Commissioners, respectively. B. Direct Alarm System: Any private firm engaged in the business of burglar alarms or fire alarms and licensed by the Town of Southold will operate a facility which is ' manned by a trained operator who receives,. records and validates alarm signals and relays information about such validated signals to the Southold Town Police Department or Fire Departments on a special telephone number set aside for the express purpose of receiving such information. All central station alarm facilities shall have the capability to electronically supervise all alarm systems so that a trouble signal is • indicated should there be a .fault with any alarm system. The operator of any central alarm company which calls . police headquarters or the Fire Department to report an active alarm will identify himself or herself by name and the name of the company. and:.: will provide accurate directions to the protected premises at which the alarm is 'sounding_The central alarm company shall further provide the name of the caretaker Who is responsible for resetting an activated alarm if the property owner or lessee of the property is ' away. In' the event that the caretaker is unavailable, the alarm company shall be responsible for resetting an activated alarm. C. Audible Alarm Device: Any property owner or lessee of property in the Town of Southold shall, prior to the installation of an audible signal designed to notify persons within' the audible range of the signal, obtain' a permit ' for same. Any such alarm device which operates on house current must be equipped with a stand-by battery power supply sufficient for at least twenty-four (24) hours. Any such alarm device will- incorporate a device whereby the system will automatically shut-off and/or reset, the audible alarm after the alarm has sounded for a maximum period of thirty (30)' minutes. All property . owners or lessees having such alarm devices on their premises shall further be required to provide the Police Department and Fire Department with the name of a person who can respond to the premises within a reasonable time. Said person shall have . the capability of securing or, in' the case of fire, opening up said' premises for inspection by the Fire Department. Every. such audible alarm device must be equipped with a switch to silence the audible alarm. D. Intentional False Alarm : It shall be a violation of this local law to intentionally cause a false hold-up alarm, and any person- who does intentionally cause' a false hold-up alarm shall be subject to the penalty provisions hereof. - 2 ! ` O JULY 28, 1987 E. Charges for False Emergency Alarms : 1. Any owner or lessee of property having a fire or police alarm device or system of fire or police alarm devices on his or its premises on the effective date of this local law, and any user of services or equipment furnished by a licensee under this local law shall pay to the Town of Southold a charge for each and every false emergency alarm to which the Police or Fire .Departments respond, in' each calendar year as follows: (a) First and second false emergency alarm each calendar year: No Charge. (b) Third and all subsequent false emergency alarms each calendar year: One Hundred ($100. 00) Dollars. 2. The above charges shall be paid' to the Town. Clerk of the Town of Southold. Failure to pay any such charges shall subject such owner, lessee or user to the penalty provisions of this local law. F. Rules, Regulations -and Enforcement: The licensing authority shall promulgate rules, regulations and standards- which shall be approved by the Town Board that may be necessary for the. purpose of assuring the quality,. efficiency and effectiveness of fire or police alarm devices and alarm installations owned, operated, maintained, installed, leased or sold by a licensee under this local law, and to facilitate the administration of this local law. The licensing authority shall administer and enforce the provisions of this local law. The aforesaid rules, regulations and standards shall be set forth in . writing and copies shall .be available for applicants. Section 9. Special Provisions. A. CENTRAL ALARM STATIONS SYSTEMS: The licensing authority is hereby authorized to prescribe the locations and the manner of installation of regular business telephone lines into police headquarters from a central alarm station for the express purpose of probiding direct telephone communication between the central alarm .station and police headquarters for use in reporting alarms. B. EXCEPTIONS: None of the provisions of this 'local law shall apply to a fire or police alarm device or devices installed in a motor vehicle or trai ler. C. SEVERABI LITY : I f' any part or parts of this ' local law are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of- this-- local law. The Town Board hereby declares that it 'would have passed the local law enacting this local law and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases might be declared invalid: Section 10. Penalties for Offenses : Any person, firm or corporation who does not - pay any charge or fee established in' this local law or who violates any provision of this ' local law shall be subject to a fine not in excess of Two-hundred Fifty ($250. 00) Dollars for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed and such violation may constitute disorderly conduct. II. This Local Law shall become effective upon its filing with the Secretary of State of the State of New York. 1.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly. ADOPTED. SUPERVISOR MURPHY: Number 2 is to appoint George..Grattan as a Beach Attendant. 2.-Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was = RESOLVED that the Town Board of the Town of Southold hereby appoints George Grattan as a Beach Attendant, effective July 17, -1987, at.a starting salary. of.$4, 29 per' hour. 2.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor_Murphy. .This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to set another public hearing. J U LY 28, 1987 271 3.-Moved by Councilman Schondebare.,. seconded,ty--Counci:lman Penny, WHEREAS, .there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in relation to Zoninq", now, therefore,be it RESOLVED that the Town Board- hereby sets 7:55 P.M., Tuesday, A.!4 11, 1987, Southold Town Hall, Main Road, Southold,. New York, as time and place for a public hearing on the aforesaid proposed. Local Law which reads as follows, to wit: ^ LOCAL LAW NO. - :1987 ' --'_— - - - - - 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) ,. Article III, Section 100-30A(2) of the Code of the Town of Southold is hereby amended to read as follows: "(2) The following agricultural operations and .accessory uses thereto, provided that there shall be no storage or manure or other. odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within'ine hundred fifty (150) feet of any lot line:" - II . Chapter 100 (Zoning) , Article XI (General Regulations) of the Code of.the Town of Southold is hereby amended. by adding a new:section thereto, designated as Section 100-1.19. 3, to read as. follows: "Section 100-119. 3. Storm Water Runoff Rainfall and storm water .runoff into roads or streets is prohibited from residential or commercial construction. " III, This local law shall take effect upon its filing with the Secretary of State. 3.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-' rran Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly.ADOPTED. SUPERVISOR MURPHY: Number 4 is to a transfer of funds from the General Fund Whole Town. 4.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby.authorizes.the follow- ing 1987 Budget modification to the General Fund Whole Town: To: A1:490..1 Public Works, Personal Services $151 000. 00 From: A8160. 1 Refuse. & Garbage, Personal Services $15,000. 00 to provide the-correct budget appropriation for the new Deputy Commissioner of Public Works. 4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.. SUPERVISOR MURPHY : And Number 5 is to amend a prior resolution. 5.-Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 16, adopted on July 14, 198T, appointing Deidre M. Fogarty as a part-time Clerk Typist in the office of the Town Trustees, reflecting a starting date of July 20, 1987 (was August 3, :1987); and be it further RESOLVED that the Town Board hereby transfers part-time Clerk Typist Joyce M. Wilkins from the office of the Town Trustees to the office of the Town Clerk, effective July 20, 1987 (Mrs. Wilkins beings full-time employment in the office of the Town Clerk on August 3, 1987, per Resolution No. 30, adopted. on June 30, 1987) . 5.-Vote of the Town .Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor'Murphy. This resolution was declared duly ADOPTED. . SUPERVISOR MURPHY: . Number-..6. 6.-Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the .Town Board of the Town of Southold, in*accordance with Chapter, 27, Section 27. 1.B. of the Code.of the Town of Southold,-hereby grants the Cutchogue Free Library a Special' Permit to hold a Library Dedication and Open House Celebration on the library property, c Main Road, Cutchogue, New York, on August 9, 1987, between the hours of 11 : 00 A.M. and 2:00 P.M. , provided.they secure and.file with the Town Clerk a Certificate of Insurance naming the Town of Southold as an additional insured. 6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 7. '7.-Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 27, Section 27.1- B. of the Code of the Town of Southold, hereby grantes the Douglas C Moore Memorial ` iancert Committee a Special Permit to hold their `Eighth Annual Douglas Moore Memorial Concert on the Cutchogue-Kew Suffolk Historical Council and the Independent Congregation. Church 8 Society property, .at the Cutchogue Green, on 272 JULY 28, 1987 Saturday, August 8, 1987, at 8:00 P.M. , provided they secure and file with the Town Clerk a Certificate of Insurance naming the Town of Southold as an additional insured. 7.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Number 8 is 'a proposed amendment to the Community 4 Development Year 13 Program Budget. 8.-Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was. RESOLVED that the Town Board of the Town of Southold will consider the followin proposed amendments to the Community Development Year 13 Program Budget at their Regular Meeting to begin at 7:30 P.M., Tuesday, August 11 , 1987, at the Southold Town Hall, Main Road, Southold, New York, at which time interested citizens will be given an opportunity to comment on the proposed changes: Current New Project Budget Increase Decrease Budget. Cutchogue Free Library -0 $5,000. 00 1 -0 Land Acquisition Program $66,000. 00 -0 $ 1 000. 00 $s,000. ao $sl,000. o0 Elderly Day Care Program -0 $6,500. 00 -0- $ 6,500. 00 Contingencies $10,000. 00 -_0- $6,500. 00 $ 3,500. 00 8.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 9 is 'to authorize budget modifications in'the General Fund Whole Town Budget. 9.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- ing modifications within the 1987 General Fund Whole Town Budget: From: A8160. 4 Refuse S Garbage, Contractual $4,950. 00 Into: A8160.2.- Refuse 8 Garbage, Equipment $4,950. 00 9.-Vote of the Town eoard : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This'resolution was-declared duly ADOPTED. SUPERVISOR MURPHY: And Number 10 is to grant a Special* Permit. 10.-Moved by Councilman Penny, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 27, Section 27. 1.B. of the Code of the Town of Southold, hereby grants The Trans- figuration of Christ Greek O'nthodox Church, Mattituck, a Special* Permit to hold their Hellenic Festival on the church grounds, Breakwater Road, Mattituck, on July 24, 25, 26, 1987, provided they secure and file with the Town Clerk a Certificate of Insurance naming the Town of Southold as an additional insured. 10.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And. Number 11 is 'to authorize a refund of $150. 00 to a Mr. & Mrs. Theodore Krukowski for a filing fee to the ZBA. 11.-Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $150. 00 to Mr. and Mrs. Theodore Krukowski, which amount represents the fling fee for Appeal No. 3650, filed on. July 13, '1987, and this Appeal was withdrawn on July 16,'1987by the applicants. 11.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman .Cochran, Council- man Schondebare, Councilman StoutenL,L.rgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: -.Number 12 is to accept the resignation of Charlie No.vitt and Jane Amedin in the Nutrition Program. I offer that resolution.. 12.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the .resignations of Charles. Novitt, Van Driver for the Nutrition Program, effective July 6, 1987, and Jane Amedin, Kitchen Aide for the Nutrition Program and°'Brief Respite Aide for the Brief Respite Program_, effective July 8, .1987: -12.-Vote of the.Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice.Edwards, Supervisor Murphy. This'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And ..Number 13 is to authorize budget modifications in the Whole Town 1987 Budget i,n'Parks, Contractual $218. 50, into Parks, Equipment $218.50. 1 offer that resolution. JULY 28, 1987 273 13.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- ing modification within the General Fund Whole.Town 1987 Budget: From: A1770. 4 Parks, Contractual $218.50 Into: A7110.2 Parks, Equipment $218.50 13.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council w man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to authorize a Special Permit.' 14.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 27, Section 27. 1.B. of the Code of the Town of Southold hereby grants the Oyster- ponds Historical Society, Inc. a Special Permit to hold their '18th Century Day on August 15; 1987, between the hours of 9:00 A.M. and 5:'00 P.M. ---the grounds-of the Oyster- ponds Historical Society Inc. , AND their Christmas House Tour on December 20, 1987, between the hours of 4:00 P.M. and 7:00 P.M., which is a walking tour of about 12 houses with participants walking between the homes; provided they secure and file with the Town Clerk a Certificate of Insurance naming the Town of Southold as an additional insured. 14.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Thi s'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 15 is 'to authorize travel of the Town. Board to the City of Portage, Wisconsin: . I offer that resolution. 15.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town.,of Southold hereby authorizes the follow- ing individuals to travel to the City of Porta e, Wisconsin, on Monday, July 27, 1987, to view their municipal solid waste composting facility, and the actual cost for airfare, mileage, meals and other necessary expenses shall be a legal charge against the Town of Southold : Supervisor Franci s j. Murphy, Councilwoman Jean W. Cochran, Justice Raymond W. Edwards, Councilman James A. Schondebare, and H2M Group representative Gary Loesch. _ 15.-Vote of the Town Board: ..Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 16 is 'to authorize a letter of support and endorsement on behalf of the Suffolk County Department of Health Services for patient care services. offer that resolution. 16.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was - RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to submit 'a letter of support and endorsement on behalf of the Town Board to to be included in 'the grant.request being submitted by the Suffolk County Department of Health Services, through the Division of Patient Care Services, to the New York-State Department of Health for funding for the Riverhead Health Center to operate two satellite services and expand ambulatory care for the citizens of the North and South Forks. 16.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 17 is to renew a single family trailer permit.' 17.-Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was RESOLVED that the application of Frank J. McBride for renewal of a sinqle family house trailer permit; for trailer located on the north side of Oregon Road, Cutchogue, which permit expires on August 9, 1987, be and hereby is r� anted for a six' (6) month period. 17.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is 'to accept a Letter of Credit, in the amoutn of $65,000 as a performance bond for the improvements at"Reydon Court at Bayview. " offer that resolution..... 18.-Moved by Supervisor_Murphy, seocnded7.by Councilman Stoutenburgh, it was RESOLVED that the Town Boaird of the Town.of Southold hereby accepts Letter of Credit #M-8743, in'the amount of $65,000. 00, 'as a Performance Bond- for roads and improvements in, the major subdivision "Reydon Court at Bayview". 18.-Vote of...the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. -Thiis resolution was declared duly ADOPTED. 274 JULY 28, 1987 SUPERVISOR MURPHY: Number 19 is to authorize the Fishers Island Ferry District to restrict parking. 19.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Board of Commissioners of the Fishers Island FErry District to restrict parkin at the entire wooden dock area adjacent to Silver Eel Pond which is a part of the Ferry District's Fishers Island Terminal., as follows: 1. That portion of the dock area utilized for the staging or outside storage of freight shall be posted as a "No Parking" area. 2. The reaminder of the dock area not specifically intended for staging or outside storage of freight shall be posted as 1130 Minute Parking". 19.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 20 is 'to authorize the submission of a joint applica- tion v ith the Town and the North Fork Housing Alliance to the New York State Affordable Housing Corporation for a grant. 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 authorizes Supervisor Francis J. Murphy to submit 'a joint application (Town of Southold and North Fork Housing Alliance, Inc.) to the New York State Affordable Housing Corporation, under their Affordable Home Ownership Development Program, in the amount of $210,000. 00 (14 units of housing at $15,000. 00 each) . ,20.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. .This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is Ito authorize another submission of a grant applica- tion with the Town and the North Fork Housing Alliance and the State- Housing Corporation under the Affordalbe Housing Program i n'the amount of $1 ,260,000 for 84 units of housing in'Greenport on the Costello property. I offer that resolution. 21.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Francis J. Murphy to submit a joint application (Town of Southold, North Fork Housing Alliance, Inc. , ,Diane Carroll and Donald Bracken) to the New York State Affordable Housing Corporation, under their Affordable Home Ownership Development Program, in'the amount-of $1.,.260,000. 00 (84 units of housing at $15,000. 00 each) . 21.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This'resolutiori was declared duly ADOPTED. SUPERVISOR MURPHY: And Number 22 is to appoint a Van Driver for the Home Aide Program. I offer that resolution. 22.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Donald Ameden_ as a Van Driver for the Home Aide Program, effective July 2, 1987, 20 hours per week, $4. 00 per hour, to be paid through the -Home Aide Program budget; AND as a .:Brief Respite Aide for the Brief Respite Program, effective July 2, 1987, 10 hours per week, $4.00 per hour, to be paid through the .Brief Respite Program budget. '22.-Vote-of the Town Board: Ayes: Councilman Penny, .Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This'resolution was declared duly ADOPTED.- SUPERVISOR MURPHY: And. Number 23 is to authorize the engagement of a'-cleaning service for the Town- Hall on weekends at $180.'00 cost per week. I offer that resolution. 23.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of.Southold hereby engages the services. of Harold W. Lockwood to perform professional cleaning and maintenance services for- the Southold Town Hall, effective August 1, 1987 through October 31, 1987, at a cost of $180. 00 per week, all in accordance with the services outlined in the request for proposals dated June .30, 1987. 23.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 24..is 'to appoint a member of the Board of Ethics. 24.-Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was RESOLVED that.the Town -.Board -of the Town of Southold hereby appoints Frank A. Kujawski, -Jr. a member of the Southold Town Board of Ethics, effective immediately. 24.-Vote of the Town Board : Ayes : Councilwoman Cochran, Councilman Stoutenburgh, -Supervisor Murphy. Noes: Councilman Penny, Councilman Schondebare, Justice Edwards. This resolution was declared LOST. JULY 28, 1987 - 275 SUPERVISOR MURPHY: .'Number 25 is authorize a refund. 25.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED .that the Town Board of the Town ,of_ Southold hereby authorizes the refund of $3,650.'00 to Donald E Victoria 'Bracken, which amount represents a double payment ,with respect to Site Plan #161 (Cedarfields 8 Mooresland') submitted to the Planning Board. 25.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 26 is to grant a special permit. 26.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that in'accordance with Chaptger 27, Section 27. 1.13.- of the Code of the Town of Southold, the Town Board hereby grants Our Lady of Ostrabrama Roman Catholic Church a Special Permit to hold a dance to benefit the parish, on Saturday, September 12, .1987, from 7: 30 P.M. to 2:00 A.M., in the barn owned by Leander Glover, Jr on Cox. Lane, Cutchogue; provided they secure and file with the Town Clerk a Certificate of Insurance naming the Town of Southold as an additional_insured. 26.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,. Counci - man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. - SUPERVISOR MURPHY : . Number 27 is to engage architectural services for an extension on the Town Hall. 27.-Moved by Councilwoman Cochran, seconded by.Justice Edwards, it 'was RESOLVED that the Town Board of the Town of Southold hereby engages the services . of Fairweather-Brown/Architects, in'an amount not to exceed. $4,500. 00, as well as reimbursable expenses, for all phases provided for in their proposal dated July 28, 1987, for the construction of the Justice Court Annex and Walkways at the Southold Town Hall, Main Road, Southold,. New. York. 27.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, .Council-' man Schondebare, Councilman Stoutenburgh, Justice. Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-agenda. At this time I would like to ask the Town.Board members if they have anything' further to report. George? COUNCILMAN PENNY: Yces, I'd -just like to--Paul made an announcement earlier regarding the Water Advisory Committee and the fact that 'we had posters that were going to be produced by the Town .of Southold and passed out to the public, well this was donated by an Orient resident, Burke Liburt, and I just wanted .to mention that before this assembly. This`was at no charge to the Town. He provided us with three posters through his graphics business and gave us a selection, and he's going to make a slight modificatiorn Toni iit and soon they'll go to print. So I just wanted to thank him and hope he'll get a letter from the Town Board thanking him also. That's all. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: Yes. Paul, you mentioned you're going to have a telephone number-ori't. Whose? COUNCILMAN STOUTENBURGH: It's going to be the Town Hall. SUPERVISOR MURPHY : We're going to use the 1.800 number and then get the answers to anybody. COUNCILMAN STOUT,ENBURGH: We had originally thought of putting it in the Planning, but they said they can't handle that with the one telephone set-up they have there. SUPERVISOR MURPHY: Everything goes to the Supervisor or the Town Clerk. Paul, anything further? .(Nothing.) Jean?__ COUNCILWOMAN COCHRAN: I would just like to say I'm not going to be available for the Father's Meeting on Fishers Island. I'm going to be out of town for the week, but I have asked Judge.-Edwards to extend my apologies and also my best wishes for a successful meeting. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: I. just want to welcome the County Executive to our dais, and also we look for.-ward to seeing him on Fishers Island on the 5th. .Thank you. 276 JULY 28, 1987 SUPERVISOR MURPHY: Yes, Michael has been invited and I would to also, on behalf of the Town, welcome Michael LoGrande, our County Exec, out to his Town Board meeting. He's been talking, he wanted to come out here to check up on how we're spending his 'taxpayers money. Michael is 'a good friend of the East End and.Michael has worked very hard and I think is doing an excellent job, and he has, I think, all of Suffolk County, as well as the East: End, in'particular, in'mind in realizing as a Planner the necessary--what it's so necessary to plan for the future so that we don't overdevelop and that we are going to have a source of fresh drinking water, mainly, and a place to dump our garbage instead of the barge. They're stilLhaving troubles in Islip with that. Hopefully we never get involved in something like that. But l welcome Michael here and at this time I would like to ask anyone in'the audience, do. you have any questions of the Town Board or our County Executive? '.I'm sure he'll be able to handle them very well. Maybe, Mike, you'd want to make a few comments first. COUNTY. EXECUTIVE MIC'HAEL A. LOGRANDE: Yes, thank you very much, Mr. Supervisor and members of the Board. I appreciate your extending the courtesy. I appreciate the opportunity to come out here.. Two things that I would like perhaps do, but there were two resolutions that were adopted by the Suffolk County Legislature. There was some question as to whether or not we would go forward with these because we want to be absolutely certain'that whatever work: was being done right now, concerning the BrownTide;algae problem in'S.uffolk County, that it wouldn't be redundant research. My staff has informed me that it's .not a bad, idea.to approve the resolution 1574A-87, which was dated July 14th of 1987 that calls for the issuance of $250,'000 in Capital Notes of the County of Suffolk to pay part of the cost of conducting a study on Brown Tide algae in Suffolk County Marine Waters, and it's my pleasure, Mr. Supervisor, to sign that resolution before you today, so that as of this moment .it's enacted into law. And I have another accompanying resolution which I will'also sign that allows us to extend that Capital Note for the purposes of engaging research funds that will attempt, at least, to give us an answer Ito what thisproblem is 'with the recurrence of the Brown Tide. So I'll sign that one as well, and I'm happy to open my comments and discussions with that, because I know that the scallop industry, as well as the marine industry. It's a vital part of this Town, and all of our Eastern Towns in Suffolk County, and hopefully we can maybe just do more than study. Unfortunately there's been a lot of study and no one has been able to give us a definitive answer, and we're hopeful that maybe this will do it.' I'd like, if '[ may, just..make a quick presentation for the Board as well as the citizens here on what's probably known as the Pine Barren Bill; but unfortunately that's not the correct title. The correct title is 'the "Drinking Water Preservation Program", and I'd like to point that one out to you in'a minute - as to why there is that distinction, because it started off a& a "Drinking Water Preserv.., .tion Program", and if I gave the Legislature a little more time it would have turned' out to be a r:eal'.estate operation I'm afraid, in buying land and forgetting the fact that we have to,.try to get pure potable water to our. families. I wonder if I could walk over there and L'JJl,make that presentation (display board) . What I'd like to do is 'explain'to you at,least the genesis of the "Drinking Water Program" that we began looking at in Suffolk County.. There's been a great deal of concern as we look to our neighbors to the west, which is 'Nassau County, and the problems that they're experiencing right now with reference to water caps and the fact that unfortunately in their planning they never thought. that they would end up with a saturation population of close to 1. 6 million people, even though they're around. 1. 3 mi Ilion now. . They have another 300,'000.population that they probably can fit in Nassau County and when that happens in'that county there will be virtually no lands left that are preserved for recharge purposes and preservation of their aquifers. When-we looked at the same issue in'Suffolk County--and this is really an aerial photograph that depicts Suffolk County, and we're right about here in'the Town of Southold-- we looked at an area that has been considered to be the most critical aquifer in all off Suffolk County. It's an area called Zone 3. And while this is *not a good depiction. of it; it's pretty close to. It's an area that extends roughly around Medford--extending all the way to the South Fork almost up to the Shinnecock Canal, which is here, and it stays oh about three or four miles north of the South Shore in'the Town of Brook-. haven, a small piece.in the Town of Riverhead, and another piece, a fairly large piece, in the Town of Southampton. That area is called Zone 3 because it's in that area.that the biggest portion of the magothy layer in all of Suffolk County exists, and also the fact that it's pretty much undeveloped. I mean, compared w.ith the western parts of Suffolk County. You look at the Town of Huntington, close to saturation. Babylon is: Islip is just about at saturation. --Smithtown has a, little bit more expanse .to it as well, and the western portions of Brookhaven Town are close to saturation develop- ment. The same patterns that took off in'Nassau County, is occurring already in'the western part of our County. So we thought that the decision istimely, that something has to be done now, and this 'area--almost I`n its totality; `'should be preserved. Just to give you an idea,-the magothy layer which -roughly starts about 150 feet of depth, and goes down in some cases in this...area to about a depth of almost 900 feet, that kind of thickness i n'a magothy layer, and the fact that all of the waters of Pe'conic River are spring-fed waters, that's the only really pure spring-fed river that we have, on the East Coast of the United States. That that area is large enough_ and can sustain enough rainfall -absorb enough rainfall to:keep our populatin supplied with water to the tune of about 2.2 million people for all of the forseeable future. . What it comprises is roughly around 85;000 acres. If you think about it we have roughly- 48:to 50 to JULY 28, 1987 = 2 77 52 inches- of rainfall a year.v Ten---percent ofA at-rainfall gets absorbed and the remain' ing 90 percent either runs off into the streams or transevaporates back into air again. The ten percent that gets absorbed is 'around five inches of rainfall over somewhere around 80,000 acres would produce inthe neighborhood of 100 million gallons of water per year and every year, and so this 'area can not only store that amount of water, it can supply enough water, really, to supply the entire County of Suffolk if it ever grew to the point of 2 million, and I'm hoping that we will'not see that number. Right now we have 1. 3 million people in Suffolk County--a little bit 'over that. When we looked at this area again we found out that large portions of'it 'are already in'public ownership; such as the Brookhaven National Laborabory--although there are some questions about how pure.the aquifer is in that area. There's also Calverton Airport. Very large Pine Barrens preserves that are in'small acreage and split 'up.in4ragmented ownership' There's some other public property that already held by the County of Suffolk, and essentially almost a third going to pretty. close to a half of the properties in'this area are already owned or some how protected from future development, and therefore the aquifer itself will'be pretty much the same. We had originally estimated that we should buy somewhere around 24,000 acres. That. if We acquired that much that we would probably own enough and keep enough of the land that's in the Zone 3 aquifer area in'its natural state or close to its natural state as' possible, such that we would have it pretty much under control. That was our plan. We started off with saying: "'How much land do we need to a projected population with a safety factor in' thereof 2.2 million people?" Again we hope that we don't reach.that level of population because it will be mighty crowded out here. How much water retention can there be there and how much land can we actually purchase? What would its dollar value be? And then how do we go about buying it? It was my thought, and I sprung it on my staff one morning, and I said, look at it: We thought initially that when you pay your sales tax you pay four cents to the State of New York, believe it or not, every year. Mr. Supervisor, you and I know this very well, that every year we pay some- where around 480* million dollars to the State of New York out of that four cents portion of seven and a half cents sales tax. That's close to a half a billion dollars a.year. Sales tax money that go to Albany, and unfortunately whenever we ask Albany for road improvements and those kinds of things, they say, why don't you tax yourself, as if we're not taxed enough in'this County. Three cents of that sales tax goes .to the County of Suffolk, and that is almost a little over 340 million dollars per year that goes into defraying costs of County services in Suffolk County. A quarter of that penny of the seven and a half cents--we!re up to seven cents--a quarter of that penny goes to the support of the MTA subway systems in'New York City. Some. people say, well, it's not going to the subway system, it's.the MTA, including the Long Island Rail Road. The difference is 'the Long Island Rail Road, when you look at pure economics, the rail road actually operates in'the black. The New York City Subway System, which is 'the largest component of that MTA system, operates in the red. So we'll always subsidize-the subways of New York City, and we were asked to do that by the State. Legislature unilaterally. We never had an opportunity to either vote on it or budget it.' They voted in Albany to give a quarter cent sales tax from the suburban counties of Nassau, Suffolk and Westchester without our knowledge,'.without our input, and it went to. New-York City and continues to go to .New York City. My first thought that we,.could maybe use the sales tax. l :thought there was a sunset .law. I seemed to recall--but my staff researched it 'very thoroughly t-hat the"initial discussion of this=-I'm not sure whether members of the Town Board remember this too--but when we were told that this 'was going to be used for the MTA there was supposed to be an expiration date, that it would end at a certain time. Well that expiration date never made it to the State. Legislature, which means that a quarter.of a cent of sales tax that we send in'support of the New York City Subway System will continue indefinitely. By the way, that's 32 million dollars a year that we send from Suffolk County. The other quarter of a cent sales tax, which we all pay, goes to the support of the South West Sewer District, and I know that--and twenty-five other districts throughout.the County. I know that that's been a very controversial' subject in'Suffolk County, but in'fact what it was, it was another sort of environmental tax: That. project,..which was scandal ridden without question, ended up causing far more then we ever expected, and as a result of that a quarter cent of our sales tax• goes to retire that debt. (change tape) . . .unlike other proposals that have been made--the State is famous for doing this all the time--New York State DEC is even better at it=-they like to regulate things to death. They in'fact levy all sorts- of impositions on private property.. They take private property by creating red:.tape, is that they're doing. My way of thinking is that we either put up or we shut up. If we want to preserve a piece of property, we don't regulate it as preservation, leaving the property owners paying taxes on it=-if it has a public purpose, let's buy it.'_." And let's make sure we preserve it and do it the right way. So unlike--and even some of my colleagues, some of the County Legislators, like to regulate things. I made the suggestion that we take that 32 million dollars per Year and begin'to acquire these lands. We could buy it over an extended period of time of approximately eleven years. From 1989, even the beginning of 1989, to the year 2000. 1 wanted to continue'the project even beyond the year 2000, and we were going,to move moneys from oneccategory to purchase to water purification, solid waste disposal and other things in'all future years. The first "shot that I took from the Suffolk: County. Legislature was that they wanted to sunset for the year 2000. I!m not sure how many of them are .going to be in office in'the year 2000, or even my- self,for that matter, but some of them were very much concerned about it, so 1 guess -they're"ver.y.=optimistic: But I sort of felt that it should have gone one. That those 278 JULY 28, 1987 moneys should have been used environmentally, just as we do the MTA, which is going to go on forever--paying for the subway systems in New York City. We should pay for and assist towns so they could solve their solid waste problems. It was my thought that we could use that money for that purpose. I acquiesced--I had to because I. couldn't muster the vote that I needed in'the County Legislature, and we have it now sunsetting in the year 2000. That's okay. At any time•from after the project is 'under .way and we. have more enlightened members of the Legislature at that time who realize the value of that quarter cent sales tax and what it can do and will do to preserve the environment, I think that they may find that in'the year 1998, or something scientific like that, I guess--that they may even on their'own decide to extend it-'-it may be. Suffice __. _ ____ to say, we acquiesced on that one and the year 2000 this program will end. Now you can see that we have an eleven year period of time with which we begin buying property, and we have enough money in'that program to not only acquire the property, to make payment in'lieu of taxes for those properties that we do acquire so that we don't have arty ui'e bc',-�oul w is 'r ,.„� Lon A Oodlby h )' i It:i, a a., v. ywvv�.. school District,. � aS f: way, which has has most of this"orange" in it. If we bought that, in'the space of two or three years we would bankrupt the school district in no time at all. We would make payment in'lieu of taxes. Initially l had a plan to make payment in lieu of taxes to the year 20'00 again', and what we did was we just simply took portions of the third 2 million dollars every year and we invested it and we had enough money to continue to pay the taxes on this land, and we could have done so indefinitely. Another problem that the Suffolk County. Legislature has, and if you'll pardon me this evening I'm going to speak very frankly, the Legislature does not like helping school districts, they don't like helping towns, they don't like (a) helping anyone but the Suffolk County Legislature. Their belief is that is the only real form of government. I personally have to say that what we should. be doing is 'assisting the school districts with payment in'lieu of taxes and even the towns with payment in'lieu of taxes to keep the properties on the tax rolls for an extended period of time. That if we could do that that there won't be any tax shock in'many of these other areas. Also, from the standpoint of just as we didn't like the quarter.•.cents sales tax going to this area, which is 'the South West Sewer District area in'Suffolk County, there are people here that wouldn't like somebody else preserving the groundwater in their area by removing properties from the tax rolls and increasing their taxes everytime we do that. In fact, in these areas where the aquifer is deep and pristine, they don't have any serious water problems. Therefore, they're making the efforts to preserve the water for all the other areas in'Suffolk County and besides they're being hit with increases in'taxes. So I want to buy the Pine Barrens areas. We wanted to make payments in lieu of taxes. The second program that we had, which we felt was critical, and that was the start of a revenue sharing program. If you look at the level government that is the most important level of government for the people, I believe it's town government. Towns and villages. In some places we have villages.that are fairly large. But towns and villages are the levels of government that have to respond immediately to the needs of the people. You don't have time to argue and debate and spend a great deal of time in responding to what the people's needs are. Those town governments right now are being besieged with regulation after regulation concerning solid waste. We another one recently--they have a new one now on dredging, which they decided we have to have a full impact statement on dredging. The State government has promulgated law after law. We can understand the validity of those laws and the importance of those laws, but sometimes they also have to look at the recipient communities and say, how about extending a hand and a little bit of help. It was my plan that what we would do would be provide to the five western towns of Suffolk County that are fairly large-- Brookhaven with 400,'000 people--that we would give them $10. 00 per capita per year out of this program, and continue that until the year 2000, or beyond if it ever expires beyond that. And if,'we did'that--this 'is a table here that shows the per capita revenue sharing--and we actually had it broken down by 1990, 1995, and the year 2000, which we have fairly good accurate estimates of what the populations of those areas will be right now. Obviously the further dates are the ones that are always in question. For example, the Town of Babylon with 215,000 people--I might say something about-- while those were the numbers that were there and. they were pure numbers, the Legis- lature again; which it really apparently stuck in'their'craw that we were going to share revenue from the. sales tax for the first time with towns, decided to stage a major battle on that one, and we tried to use good techniques of give and._take. We acquiesced a little bit 'so that while it doesn't exactly come out-*to be. $10. 00 per capita for the western towns,_it's $15. 00 per capita for the eastern towns, it comes pretty close to it. In addition to that what moneys we have reserved--and I'll show you that in another part of the program--we wi Il'also furnish those towns--we'll probably make up the difference--.by assisting them ini whatever has to be done. Just running through it very quickly, you could see that if it.was $10. 00 per capita the Town of Babylon in''1990 would receive $2,150,000. They in fact will receive $1 ,734,.000.. And in the year 1'995 they would receive a little bit 'more then that.l. 7 million, and a little bit more then that, and you can see that .Babylon is fairly close to saturation. It 'doesn't have much-more population growth. Brookhaven on.•the other hand does have a.great deal of population growth, although they're sustaining it right now. Brookhaven would receive under this program 3. 3 million dollars. Initially Brook haven would have received at 4 million dollars in'the year 1990. And so on down the line. And I think you can see them all. Let's go to Southold. Now Southold has the mixed blessing that the population isn't that great, which is not bad, although growing very rapidly, and on,the other hand at $15. 00 per capita Southold would receive about JULY 28, 1987 Q 27 $271,000 in the year 1990. We start the .program in' 1 988 or 1989,' the .Town would be •7 receiving somewhere around,.:$250,_000, $260,0,00_.per year-.-. You could count on that. We're also suggesting that not only can you count on that money, you could leverage those dollars so that the Town for example if'it had a major program of water quality improvements, it could probably leverage those dollars ten to one on a municipal bond issue, guaranteed payment coming out of the sales tax. If they did that they probably could levy at any one time close to 3 million dollars for water projects they'd be making. So that was the revenue sharing portion of it: Remember, out of the same quarter cent sales tax on buying the Pine Barrens, we are making payments in'lieu of taxes, we're sharing revenues with the towns, and I might add--and for the edification of the Town Board--w;e originally had no holds barred for what those moneys could be spent for, except that they would have to be spent on related projects concerning water. They may be water quality protection programs, solid waste disposal was an eligible, expense. Anything sort of related to preserving the groundwater and the aquifer. Purchase of lands that you felt should. be preserved, even for preservation of aquifers=-you Have rib ibajur'ayui fers in Southoid l`own--none to speak of. There's a small one I guess, one bubble in one area, .but there is no really large significant aquifers that we could say that you're going to count on that water forever.; At some point in time there will'be piping of water. Hopefully we're fifty years away from that yet, but waters will be coming from the reserve areas to service other areas. Shelter Island, for example, has salt water intrusion if you go deep enough. It's such a narrow land mass that it has salt water intrusion already, so that their bubble is not only defined in this dimension, it's also defined in depth, and so that they do have a limited amount of water and there will come a day when Shelter Island will be supplied with water the same way--although their population fortunately hasn{t been skyrocketing that much. And then the last part of the program, which is the program on protection of . the aquifer--Water Quality Protection Program--you could see that we started off a little bit -small. This "is the amount of money after we do the other three things, or four things--the amount of money that is 'essentially left over is 'moneys that we will be spending in'support of the townfs efforts on extensions of water mains, on water quality testing, on disposal of certain toxic wastes, disposal of special materials which are exceedingly difficult now for towns to dispose of, and I know what this 'town is going through, as I went through with the Town of Islip with solid waste disposal and all the regulations. We would like to back up the towns with a Water Quality Protection Program that you could see in the first year doesn't give us anything. We start off with a quarter of a million, then it doubles. In the third year it goes to 7. 3 million dollars, and then it grows up and down a little bit to a point where totally we would be accumulating over the eleven year period about 65 million dollars. We have one critical program that we know is going to come down on us too, and that's some- where around the year 1991 or 1992. We know that the State is going to insist that every sewage treatment plant in Suffolk County move to nitrate removal. And when you do that it's a very costly operation. And then that--the reason for the 7 million, and the reason why we prorated the numbers out and saved it for the later years, is because we want to be able to respond and assist some of those school districts-- some of those sewer districts that are going to undergo major -costs escalations in that area. But do w-e have enough moneys to.:support and back up most of the town efforts in at least getting potable water supply to people. I n' that also we're talking about extensions of water mains, possibly water quality improvements and treatment systems. They,:may --be isolated ones. I know that we have a Temik problem out here and aldicarb, so there may be some small assistance that we may want to work on, perhaps individual home unit- systems. Those kinds of things to offer protection to our people. The whole plan is 'based one simple thing of pure water, because you cannot, no matter how you try, you cannot deny the fact that as we develop and continue to cover up the land we'll always be competing with pollution, and that in order to preserve this and make sure that not only our generation but future generations will have a clean water supply. It doesn't mean anything to us, essentially. What is says is that the average family at the end of :19'89 would probably.have saved .maybe $20. 00 per person in'a family per year.. That's about what you spent, unless you buy brand new cars every year, if 'you buy boats and all these other things that are pretty high in sales tax. But if 'you don't, the average family would spend about $20. 00 per year on a quarter cent. sales tax. " What we're suggesting is we just leave that. Just what was being paid today, with no change in'the sales tax structure, we'd leave that and let it continue to the year 2000. So you would not see an increase in'taxes over and above what it is, but admittedly had we not done that we would have maybe experienced a decrease,in taxes, and that's less than a can of soda--people have showed .us how insignificant it really is to preserve the future drinking water supply for this: County for all future generations. What's going to happen now is that it finally passed the Legislature, and at the eleventh 'hour we had another Legislator pop out of the -woodwork, never attending any of these conferences, and came out with another.theory--we want_ to see at least 500 of the moneys that are collected .in the purchase of lands. We didn't want to make this a real estate acquisition program. There's other ways of preserving open space. We have another Legislator who said, "I just love Pine Barrens. We should buy up every inch of pine trees that are aroui-id." That's fine, and if he wants to do that it's good. That was not the,purpose of this program. This program was based on the scientific knowledge that all we needed was approximately 24,000 acres to be acquired for adequate protection and for a safety factor in there for a .water supply system 2 8 O JULY 28,- 1987 that this 'area alone can provide for all of the County. Keep in mind that even in some of the congested areas of Suffolk County, like Huntingtion, and large areas in Islip, still have--even though they're developed--they have fairly deep aquifers which will still draw clean water for many, many years to come. So a good part of this portion of the County will still have potable water supply, even if we didn't do this.' We do know that some of the farm areas where the land masses begin to narrow down as you get close to the shores salt water comes in; and around the farm areas aldicarb and things are getting in. The upper glacial levels in the western part of the County are polluted. The first hundred feet of Suffolk County has portions where develop- ment exists we:know is pretty much polluted and almost irreversible, cannot ..reverse that system of pollution. That's our plan. Mr. Supervisor, members of the Board, we would hope that we will have the wording very shortly for your purposes so that if you will see it on the ballot we would hope that you would support it. This 'is the first attempt that is being made, and if I happen to continue in'this.job for a period of time, .I,,want to s:. continue to support towns because I still think that town governments are the ones that provide the services to the people, the closest services to the people, and the most responsibility. It will be on the ballot in'November. if'it is approved by the voters of this County, then we will take that to the State. of New York. It's not mandatory. It doesn't mean that the State of New York will automatically allocate that quarter cent sales tax. But we will take it 'to the State of New York and show good numbers, hopefully, _._.-and ask the State tc pass .that kind of legislation. We've already been told, because it's getting to be funny season, that oh, there's no wayt-h�the 5t-afte—will approve this ' Well, I want to see somebody who 'runs for office see numbers three and four to one deny us the chance to tax ourselves to save our own water. That will.be a first for the State of New York to do that. But I think that we'll be able to convince them on the basis 'of the results of the ballot';: and we would appreciate it if 'you would support that. Thank you. SUPERVISOR MURPHY: Thank you, Mike. I think it's an excellent program. I think _ the people of Southold Town are very much aware of water problems, and I appreciate your efforts. I hope we're successful this November. So maybe does any Town Board member have a question on the program? COUNCILMAN SCHONDEBARE : Let us have some information as it 'comes near so we can g�etiit but to the people here in'the Town of Southold. SUPERVISOR MURPHY: We'll all support it.' JUSTICE EDWARDS: Is it 'going to help us on the Island? COIUNT.X EXECUTIVE: LOGRiANDE: Sure. Do you think we can get a pipe over there? SUPERVISOR MURPHY: Mike, I'd just like to comment. You made a friend with Ray Edwards that this is one of the few maps have come out that has Fishers Island on it. You know that Suffolk County starts in the east on Fishers Island. COUNTY EXECUTIVE LOGRANDE: That's right. COUNCILMAN SCHONDEBARE : Ray is 'always fond of telling us wherever the sun rises in'the morning. SUPERVISOR MURPHY: He reminds us every day. COUNCILMAN SCHONDEBARE: Fishers Island gets it 'first. SUPERVISOR MURPHY: Okay, anyone out here have any comments on the program or any other questions of our County Executive? Frank? FRANK BEAR : I do have a some questions about what you were just talking about. just came from a meeting of the Water Shed Protection Committee of the Suffolk.County Water Authority, and they're talking about. trying to save taxes and save approximately a four mile wide area, two miles on each side of the spine of the County, up to approx- imately the_.Peconic 'Estuary. The Suffolk County Water Authority has a Water Shed:. Protection Committee and they're planning to have what a call a "water:shed corridor which is .'_going to be approximately two miles on each side of the spine of the Island where the water shed, of course, is the deepest. . Now, in'that it covers a great deal. of the area which you identified here, but :i.t also covers a different area, outside of what they're thinking about. I wondered what kind of coordination there might. be . between the two things? _ COUNTY EXECUTIVE LOGRANDE: Our line in'the delineation of Zone 3 was what -- resulted from the 208 Study, which was:a comprehensive study bf the aquifer area, a federally sponsored program,. showing that. this...i.s 'the primary aquifer"in'this area. And I'm not sure what the Water Authority has in'mind. I mean there.may be--and there are areas,: incidentially, that are outside this area that are still worthy of-preser- vation. ...They're not the thickest a.rea of the magothy and that's what our primary -.- concern is. I might also say that there's no limit on moneys-that we may be giving J U LY 28, 1987 281 to Southampton--for example I think they get about three quarters of a million dollars-- $600,000 a year. They can"acquire` properties in addition"to what we've acquired. East Hampton can do the same. East Hampton has some. You can see right around Sag Harbor on that map, and some other shaded_-in areas that are considered almost as good as the Zone 3 area in terms of water supply. So they could also acquire with their own funds and we will do so with our funds as well. There's no really hard fixed line. We do know that if 'We can preserve between 20,000 and 30,000 acreas in this area that we're buying, that we would pretty much meet our obligations to all future generations. - FRANK BEAR: It think yo.u've just raised the second question I wanted to ask. I see you have something in both Southampton and East Hampton, but nothing on the North Fork. COUNTY EXECUTIVE. LOGRANDE . Yes. An(J that dgairi; that's the identification'. , under the 208 Study as to where the critical aquifers were located. Again I .think .you can see too the question of the width of the land mass.. That if the land mass is wide enough we won't have problems either with salt water intrusion, and also depending on the topography it's probably pretty good drainage area, so we know we're getting the percolation of good water. It just doesn't exist on the North Fork. think that's one of our problems, and that's one of the reasons why we'd even like to see support, because while we have no intentions of saying that there may not be areas in'Southold that we won't acquire--there's so many negatives in'there--if Southold wants to acquire land, and I think that there should be some properties that should be acquired to preserve it;'that we would assist them in'doing that. But in'terms of where the waters will come from in'the future, I think that we have to recognize that we're just not going to create any more pure waters in'Southold or Shelter Island, and the result of that is 'most Of the Vvater is 'going to be coming from the deeper magothy. SUPERVISOR MURPHY: And we hope to, Mike, have on as a referendum also at the same time.at the election, a bond issue to preserve water shed area here too. COUNTY EXECUTIVE LOGRANDE : Good. SUPERVISOR MURPHY: Anyone else? Yes? MARGE DRAPE: I want to commend Mr. LoGrand—, This time I said LoGrand, last time I called you LoGrande and you got mad. COUNTY EXECUTIVE LOGRANDE : No, it's the other way around, but I never get mad. They call me a lot worse then that. MARGE DRAPE My question is on water to Mr. Murphy. What, if anything; is being done for the people in Captain Kidd where I live where we're still buying bottled water and are prohibi#.ed to use the water. What is being done to help us? Can you tell me that? SUPERVISOR MURPHY: The Town Board has given the right to Suffolk County Water Authority to come in and purchase that property. We were assured that they were purchasing it; and I believe they, are negotiating with the owner. Unfortunately it's a slow process, but in knowing some of the people involved I could understand it: And it's too bad that it's taking as long. I understand there's additional problems down there right now.,, Suffolk County--the Town Board cooperated. We spent money on a study'"to look to forming our own district there. It was turn own by the people. Suffolk County Water Authority very graciously came in'.and said'they will'buy it. We supported their'acquisition and it's necessary. Unfortunately some of the people you're dealing with are a little slow. MARGE DRAPE: In other words it 'fell through. Is that it? SUPERVISOR MURPHY: 1' don't think it 'fell through, no'. MARGE DRAPE: Well what is 'being done for us right now? SUPERVISOR MURPHY: Suffolk County Water Authority is:. . . . MARGE DRAPE: This is a couple of years. SUPERVISOR MURPHY: :. .is now negotiating with the .owner--the private owner. We are not in the business of condemning people's property. MARGE DRAPE: ._. I don't care about his property. I'm worried about my water. SUPERVISOR MURPHY:- That.belongs to somebody, unfortunately: lt:should never have happened.and hopefully it will never happen in'Southold Town again that we have a private water system._ There's many people to blame, but there's no sense in blaming anyone because it happened. This is going back many years to the early 282 J U LY 28, 1987 MARGE DRAPE: And how long do we have to wait for help? This is 'going on for years now. SUPERVISOR MURPHY : I can't promise you any more. We helped. We spent money. The people turned it down when we tried to help them. The residents themselves turned it down and now we've asked the Suffolk County Water Authority to come in and acqui re it and they are negotiating. They. were very happy to acqui re ,it; because they knew of the problems. They knew of the serious problems down there, and unfortunately in'dealing with the owner they still have not been able to finalize the sale. Maybe the people in'Captain'Kidd Estates should talk to the owner and put a little pressure on the owner to sell it instead of delaying and looking for a little bit more money and using the people in'Captain Kidds as a horn in his 'negotiating. I think maybe if 'the people in'Captain' Kidd got up and went after the owner maybe you' do it a little faster. That's where the blame belongs and that's where it has to go. Anyone else?' 'Where must 'be more questions:' is everybody happy with the County services out here? . Now he might want to complain about our taxes in Southold Town. COUNTY EXECUTIVE LOGRANDE: . Not yet. Not yet. SUPERVISOR MURPHY: Mike, do you maybe want to comment a little about your efforts ' and the County's efforts in trying to pass the Land Transfer Tax and how that could have helped solve some of the problems out here. COUNTY EXECUTIVE LOGRANDE : As Frank knows we supported that. We sent a letter off to both delegations, I guess, both the Assembly as well as the Senate, and we did indicate that this ''is something that we felt was necessary. Our eastern towns, . including the Town of Brookhaven, need something with which to at least acquire some property to preserve some open space, and that there's probably nothing wrong with the Land Transfer Tax. It has been applied in'other places--Marthas Vineyard, and ___--________other areas around the United States. But unfortunately I think it 'passed in'the Senate and failed in the Assembly, and I don't think it Will'be brought up again until -next year. And that one I really don't know why. I think that certainly those people who were concerned that this 'i.s 'going to escalate the.value of property, I don't think that that is going to be the case. Certainly the person who sells the property is 'going to roll that kind of tax into it 'anyway, and it's supposed to be some sort of sharing of that two percent that we thought would have been a reasonable and equitable way of doing it and getting some moneys together that way. We'll try again'l guess next year and see what happens. SUPERVISOR MURPHY: Yes, Ed? ED SIEGMANN: Was Anderson one of the stumbling blocks on that business? COUNTY EXECUTIVE. LOGRANDE: It."passed his 'House. Ken L:aValle was the one.. who. l think.delivered. We spoke to Ken LaValle on the phone at the request of many of the Eas:L E.nd-Supervisors and he saidAhat he could.deliver it in--he was. pretty sure he could deliver it 'in the Senate and he did., and then it failed in the Assembly, which is controlled by Brooklyn I think you know, unfortunately. SUPERVISOR MURPHY: And it's. very interesting to note that for the last three years prior to this 'it had passed the Assembly Ways and Means Committee, and .this year it was never voted out. And the Senate had never passed it prior, and so this year the Senate passed it and the Assembly let it die in committee. Yes, Ed. ED SIEGMANN : You know, maybe more pressure ought to be put on the City by Nassau County and Suffolk County in'reference to that quarter percent tax you were talking about that goes to the subway system. You take a house in'Queens that pays $600 to $700.taxes, can be sold at the same rate that a house out here will sell for, but wi Il...be taxed at about $3,000.'. Now there.ought.to be some way that you can use this ' as ammunition against the City when they'tie 'you up on other things, that they should raise that tax a little -bit more in'there--I'.m talking about the real estate tax .now-- because when you talk about $700 compared .to $3,000 it doesn't seem to me that they couldn't raise the balance of that money that they need -to run the subway system. But-;they. do,n.'.t-want to put the taxes on their own people to run the subway system, although. the people from out here pay the gas taxes and everything that they have to to travel back and forth. Maybe there is some way that Suffolk and Nassau Counties together can put some pressures on those people to change some of these things. COUNTY EXECUTIVE. LOGRANDE: They've..'tried. Unfortunately whe you have an - area or region with .a little less than 3 mi-Ilion people up against a.city with 8 million people we're going to lose, just by virtue of the numbers. And the control of.the Assembly and certainly the Governor--always comes from New York City--so it's exceed- ingly difficult to shift some of that burden, but I think--and I can tell you now candidly-- that I think that Nassau, Suffolk and portions!of Westchester County and Putnam County throughout New: York State are now picking up a very, very unfair share of tax burden. We asked for highways to be fixed up. We need some widenings up in the Rocky Point area. We need some improvements to 112. We said; "For Gods sake, finish Sunrise Highway. It's getting-like Brueckner Boulevard now. They can't seem to'get it done. 283 J U LY 28, 1987 Every time we ask for these roads they stretch. it out Well, it's going to be :1996, 1998, the year 2003, and they never have the money, and" what I said a little bit earlier, which was about a half a billion dollars a year that we send, that's only sales tax. I didn't mention what we send in terms of income tax to the State of New York. mean, most families out here are paying 10$, 12% in income tax, State income tax, and we have an area Where.there is virtually no unemployment. We have a hard core unemployed, a very small percentage. But we have a very productive area. A very hard working area. We have families now in order to survive have Lu nave two people working in'a family, because some of these young kids cannot carry a home without husband and wife both having jobs today. And so even though we have the blessing of having virtually no unemployment, we are also in'an area where we're overworked, our families just to keep their heads above water are struggling. Young people and young families are struggling very hard: .:Senior citiiens and elderly people living on fixed incomes just to try to keep their heads above water. The State of New York ails iii S v �ii%i GlS iill LiVii. We're always ivoked at as being a wealthy area, and,the, .:. fail to realize that incrementally all the people in'our areas are suffering very greatly. I don't know when that is 'ever going to come. We came close when .we thought we were going to get Jerry Cremmer, even though he's a Democrat, from Nassau County. We thought that we were going to get him` as the Speaker of the Assembly. That never came about. It went back to Brooklyn, it was Mel Miller, and it's New York City controlled all over again:' So unfortunately--Jerry Cremmer's a very honorable and good.Assembly- man. He lost out by one vote, as a matter of fact, and as a result we're going to be hurting for a long time. SUPERVISOR MURPHY: Just be careful how you talk about Democrats. COUNTY EXECUTIVE LOGRANDE: I'm saying about the Democrats in'New York City. SUPERVISOR MURPHY: It's. very true and it's" very sad that even our Long Island Delegation, the entire Long Island Delegation,. in'fact the entire Suffolk County Delegation, was not in support of this Land Transfer.-Tax, when.of all people in'the world they should have realized the problems and the need for it. But that's I guess what you call politics. Anything else? COUNCILMAN STOUTENBURGH : Maybe just one last thing, Frank. You know Southold Town had a study as far as bringing water from. the west into Southold Town, and it 'proved. very unlikely,. very high cost, and so we probably will'not in the near future gain much by the acquisition of the Pine Barrens, although 1 support the concept because we need that for the County. I realize that you have revenue sharing built into your plan which gives us some funds, but to me I feel that we still fall a li-ttle short in not getting a benefit from that Pine Barrens, and there should be a way above and beyond what you've already stipulated inhere to take care of that cost that everyone else is benefiting by except Southold Town. COUNTY EXECUTIVE LOGRANDE: From Riverhead too, by :the way. . I think you'll see. Riverhead has a. very small amount of land that could be acquired. COUNCILMAN STOUTENBURGH: : But .even they are closer to the water. If they had to pipe it they would be a little closer at least. Is there any way that this can be overcome? 000NTY `EXECUTIVE LOGRANDE: Somehow I think, Paul. And I have to tell you this. There was no mistake that we went for revenue sharing. The revenue sharing idea was simply to garner, get enough strength across the County to make sure that this 'referendum goes through, because why would somebody from Huntington, .for example, they would .be contributing a considerable( amount in terms of sales tax on the quarter cent, and they would get back--even though the number looks big like 1. 8 million dollars, that's still no where near what they would be paying into it.' Why would they ever vote for it 'if 'they didn't have the revenue sharing plan? So the revenue sharing to me was a vital part of this whole thing. What we have is 'that other number.,- that I set under the,Water_Q_uality Protection Plan. There's where we could sort of balance things out a little bit: That's where we could say that if you have a project that you could put together and show us-that this is a project that is vital to bring water mains or extend some water treatment faciltiies in.certain'areas then, and•un 'fortunately if we had the program under way I think we could have assisted _even in buying the Captain Kidd Water District, that if'we had this program under way we can make up the difference for these areas. Shelter Is said'.the same thing: "How long do you think it will take before they extend the water main over to Shelter Island?" And we don't anticipate that any would happen for the-next fifty years or so. But there's no question about it that we can put moneys .into it out of that 65 million dollars-, in Towns like Southold, Shelter Island and other places that. need assistance and' water quality protection. So I think we could_do it: Unfortunately I can't show you a direct benefit other than a revenue sharing right now. But we can and we'll start right away if you could put other programs together and bring them to us on an.emergency basis,.-we will then begin funding it out of the Water Quality part of that Program. COUNCILMAN STOUTENBURGH : My only concern there would be that the larger areas would have more demand for the dollar than we and we still'would never come out. 284 J U LY 28, 1987 COUNTY EXECUTIVE LOGRANDE : Perhaps. But oddly enough I think you're going to find--for example, Islip Town, we. now have town-wide water district where everyone will have water mains in Islip Town. We pay for it ourselves, and so you'll see that in Islip Town there's not that many projects that we could even undertake. So that's an area. Including Smithtown. They're pretty much covered.with water mains as well. Huntington,the same way. Babylon has some problems but they're small. I think you're going to find that most of the moneys for water treatment, extensions of water mains and bringing new water into areas is going to be in the eastern part of Suffolk County, so I think that.that's inhere you'll derive even greater benefit. SUPERVISOR MURPHY: I would like to say, Mike, that the Suffolk County Health Department has been excellent in the support of Southold Town in'their'Water Manage- ment Plan and in'helping tOL,develop a filter district, which is individual point of use treatment area. COUNTY EXECUTIVE LOGRANDE : That's one that we're looking at carefully for possible funding as well. JUSTICE EDWARDS: Frank, I'd like to make a comment on that. I don't know if Mr. LoGrande realizes that we're having an extensive water study done on Fishers Island, and I want to thank you for the County support that you've given us in sending people over there to help us with our testing and our monitoring and it's been extremely helpful; ..those people that are coming over there. SUPERVISOR M.URPHY: They're starting a whole brand new program over there. Joe Baier and the County Health Department. Okay, anything else? - (No response.) If'not I would like to thank everyone for coming out here tonight. I would like to thank our County Executive Michael LoGrande for coming here, and I would also like a special thanks for signing into law these two bills authorizing the funding of this study. I think it's very important for our baymen, for our way of life out on the East End, and I think maybe Mike had a little hidden interest in'this: I think he likes to go out clamming now and then. Okay, I think that a motion to adjourn is in:order. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be and hereby is :adjourned at 9:00 P.M. .Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. udith T. Terry Southold Town Cler