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HomeMy WebLinkAboutTB-12/01/1987 439 S0UTHOLD-�:TOW N.::_BOARD DECEMBER .1, 1987 WORK SESSION 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, Acting Town Attorney Francis J. Yakaboski. 9:15 A.M. - Superintendent of Highways Raymond L. Yacobs met with the Board to discuss- Landfill equipment. He advised the Board that the four-year warranty (buy back) As up :on the D-6 bulldozer, but he-sees no need to trade it: in at the present time; and .his.-priority is a payloader for the. Landfill. The Board., authorized Mr. Jacobs to secure specifications for bid. 9:20 A.M. - Planning Board .Chairman Bennett Orlowski met with the Board to. discuss. . Planning Board fees, a matter discussed at the November 17th work session. Mr. Orlowski advised the Board that inspection fees in the amount of $240;000_ have been paid for pending subdivisions, and only $38,000 has been expended for:,inspections, leaving a balance of. $202,000. He suggested that the inspection fees should be maintained in a revolving account, and engineering services paid from that account, rather than putting the fees into the General Fund as revenues. This procedure will be established for future. receipt..of fees. EXECUTIVE -SESSION 9:45 A.M. - Planning Board Chairman Orlowski discussed personnel with the Board. 10:00 A.M. - Christopher M. Connors appeared before the Board to discuss problems he feels he has with the Building Department and Board of Town Trustees. Mr. Connors was advised .the Town Board-does not have jurisdiction, and Acting Town Attorney Yakaboski. stated he has been .working with .Mr. Connors' attorney Dan Ross on this matter. 10:05 A.M. - Letters from Steve Malinowski, Presiden of The Clam Farm, Inc. Fishers Island, and a letter concerning Mr. Malinowski's clam farm from Fishers Island Bay Constable John Clavin was reviewed. Although Mr. Malinowski has .permits:. from the Army Corps of Engineers and .NYS-DEC, Mr. Clavin questions the placement of a fourth farm in West Harbor, and the lack of regulation that allows for the orderly expansion of this activity in Town waters. The matter was turned over to Acting. Town Attorney Yakaboski for an opinion. EXECUTIVE SESSION' 10:40 A.M...- John Petrodiangelo, owner_ of a jewelry store in Southold, met with the Board to discuss the recently enacted "Alarm System Law". The Executive Session was called because Mr. Petriodiangelo wished to discuss the manner of. installation and the specific location of his alarm system. 11 :00 A.M. George Desmarais, and Gary Loesch, H2M Group, met with the -Board. Mr. Desmarais updated the Board on the operation of the Scavenger Waste Plant. H2M's operation contract expires on December 31st and he was asked to submit a proposal for 1988 services.---Mr. Loesch discussed the recently received'-Requests for Qualifications for the Town's Solid Waste Management Program. H2M would be available to adi the Board with the engineering aspects of proposed Requests for Proposals. 11 :45 A.M. - William F. Mullen, Jr. , the Town's Insurance Consultant, met with the Board relative to the 1988 insurance proposal bids that were opened at 11 :00 A.M. Griffing 8 Southwick, Shelter Island is the lowest bidder. The only bids received were from Griffing 8 Southwick and Roy Reeve Agency, Mattituc,. The Town's current insurance producer, Val Stype Insurance Agency, failed to submit a bid. Mr. Mullen also informed the Board that he has been working with the Stype Agency since June on an audit of the Town's 1985, 1986 and 1987 coverage, and is looking at a very large reimbursement for those years. 12:00 Noon - Recess for lunch. 440 D.ECEMBER 1, 1987 2: 10 P.M. - Work Session reconvened and Eliot Epstein, Ph.D., President of E &A Environmental Consultants, Inc. , who prepared "Request for Qualifications" and notice of advertising for same for the Town's Solid Waste Management Program, made a formal presentation to the Board relative to the receipt of the RFQ's. Dr. Epstein was asked to submit a propo$al-:for preparing a written review of the RFQ's. 3:10 P.M. - The Board audited outstanding vouchers. 3:.30 P.M. - The Board reviewd the proposed Site Plan Ordinance with Acting Town Attorney Yakaboski, and certain changes were. made. This will be reviewed further by Mr. Yakaboski 'with the Planning Board. EXECUTIVE SESSION 4:30 P.M.. Board discussed personnel with Mr: Yakaboski and Executive Administrator. Victor Lessard. 5:35 P.M. -..Work Session 'adjourned. REGULAR MEETING 7:30 'P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, December 1, 1987 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting .at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis"J. Murphy Justice Raymond W. '.Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry SUPERVISOR MURPHY: The first order of business is a-resolution to approve the audit of the bills of December 1st. Moved by Councilman Stoutenburgh, 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 $18,318.25; General Fund Part Town bills in the amount of $28,366. 14; Highway Department bills in the amount of $6,362.57; Fishers Island Ferry District bills in the amount of $3,919. 92; Computer Capital Account bills. in the amount of $6,289. 12; Southold Wastewater District bills in the amount of. $.12,813.09. Vote of the Town Board: Ayes: Councilman Penny, Councilman Schondebare, Council- man Stoutenburgh,.,Supervisor Murphy. Abstain: Councilwoman Cochran, Justice Edwards.This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : Next is a resolution approving the minutes of the November 17, 1987 Town Board meeting. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the minutes of the Regular Southold Town Board Meeting held on November 17, 1987 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 : Next is a resolution setting the next meeting date for December 15th, 1987, 7:30 P.M.', Southold Town Hall. _ Moved by Councilman Penny, seconded by Councilman Schondebare, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7:30 P.M. , Tuesday, December 15, 1987, at the 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. DECEMBER 1, 1987 441 I . REPORTS. SUPERVISOR MURPHY: Okay, moving on to the first item on your agenda are Reports.- These Reports are all on file in' the Town Clerk's Office for anyone who..wants .to read them: 1. Town Trustees monthly report - October, 1987. 2. Dimension Cable Service Subscribers Complaints - October, 1987. 3. Employees enefit Report - October, 1987. 4. At this time I would like to ask the Councilmen if they have anything special to report, starting on my left. Pay? JUSTICE EDWARDS : Thank you, Frank:. I'm sorry I missed the last Town Board meeting. I was up in. New York State. Had a very successful hunt up there. I. have enough. venison to last the winter. Also about.three weeks ago I took driver's license pictures on the Island for the Motor Vehicle Department, and so far got 40 of them back, and they're all good pictures, so I guess I 'm an official photographer. And tomorrow will be a big day for Fishers Island. Mrs.: Walsh and Brad Burnham are flying over and we will be signing on the 26 acres of property over there, which will be the beginning.of our affordable housing on Fishers Island. And I can truthfully say that 1000 of the purchase price of this property has -been donated by the people on Fishers Island, realizing that we do have a housing problem over there. So the people on the Island are addressing the problem, and I wouldn't be a bit surprised if this time next year we had at least six or eight affordable homes in that project with people in them. And last, but not least, in going over at the Work Session today I spoke with Mr. Yakaboski regarding the formation of the Southold Garbage District, excluding Fishers Island and Robins and Plum Islands, so we,.on Fishers Island will not have to pay the fees that are coming up for past and present and --. future for Cutchogue, and he was holding off until a Town Attorney was designated, and I don't see the Town Attorney being designated for. quite some time, so I spoke with Mr. Yakaboski and I 'm going to follow it up with. a letter at the end of the week, beginning of next, and have him proceed and start to do the legal work in forming this district, because it wouldn't be fair to us on Fishers Island. We've been waiting three years to have this go through, and it .wouldn't be fair to have to wait another year and miss 1988. So you peple on the Town Board and Mr. Murphy. will be getting letters regarding this to Mr. Yakaboski. Thank you. SUPERVISOR MURPHY : Thank you, Raymond. Jean? COUNCILWOMAN COCHRAN : Nothing at this time, thank you. SUPERVISOR MURPHY: Paul? COUNCILMAN STOUTENBURGH : Nothing, thank you. SUPERVISOR MURPHY : George? Ah, Ray, I 'm sorry. Jay! COUNCILMAN SCHONDEBARE : How quickly they forget. ` SUPERVISOR MURPHY: We forgot your name already. . COUNCILMAN SCHONDEBARE : Two more Board meetings. Nothing to report, thank you. SUPERVISOR MURPHY : George? COUNCILMAN PENNY: Yes, on the 18th we had a meeting of the Commerce and Industry Committee' where there was.some healthy discussion on the Town Board ombudsman to review Town Board activities. We got into a discussion on.Site Plan Approval of the Planning Board procedures, etcetera. The special guest there was Ben Orlowski from the Planning Board who was able to answer a lot of questions. On the 19th we had a meeting of a committee to address the non-conforming section of the Master Plan. Paul and myself, Ben Orlowski, Ritchie Latham, Valerie Scopaz from the Planning Board, Victor Lessard,. and Jerry Goehringer and Bob Douglass from the ZBA, and the result is Resolution No. 21, which everybody agrees will fix the non-conforming section of the Code. And on the 30th, which was yesterday, we had an interview for the position of attorney. Thank you. SUPERVISOR MURPHY : Thank you, George. The only thing I'd like to add is to congratulate and thank the people on Fishers Island for being so generous and was wondering if we could get them to do something like that over here too. JUSTICE EDWARDS : I doubt it. SUPERVISOR MURPHY: We'll get the .garbage district for you, Ray. DECEMBER 1, 1987 If . PUBLIC NOTICES. SUPERVISOR MURPHY : Okay, moving on to Item 11 on the agenda, Public Notices. There are three of them. 1. NYS-Department of Transportation, Traffic and Safety Division, amends the speed limit from 40 MPH to 30 MPH on Peconic Bay Boulevard -from-the Riverhead- Southold Town Line to Bray Avenue, Laurel. and Mattituck area. 2. NYS-Department of Environmental Conservation, Notice of Complete Applica- tion of Fishers Island Country Club to install two six-inch diameter wells, with pumps having a capacity. of 45 gpm, to a depth of approximately 80 feet to irrigate golf course, Fishers Island. Comments to DEC by December 11, 1987. 3. US Army Corps of Engineers, Notice of-Application of Broadwaters Cove Association to dredge with ten year maintenance .with upland disposal, construct a bulkhead, place fill, timber walkway, ramp and floats at Broadwaters Cove, East Cutchogue. Comments to the Army Corps by December 21, 1987. III . COMMUNICATIONS . (None) IV. PUBLIC HEARINGS. (None) V. RESOLUTIONS. SUPERVISOR MURPHY : We'll- move on to item V on your agenda, w-hich..is Resolutions. I 'd like to at this time state-a policy of the Town Board for anyone who is new here, at this time you may address the Town Board on any of the proposed resolutions that are on the prepared agenda. There will -be time after the resolutions and after comments by the Town Board members to-address the Town Board on any item that- is of any concern to you whatsoever. So at this time-I 'd like to .ask you to keep your comments just concerning the resolutions that we're going to vote on right now. So, is there anyone in the audience that would like to address the Town Board on any proposed resolution? Yes, sir. JAMES LOUGHLIN : I am James Loughlin and I want to speak in opposition to this change of zone, or'the adoption of what you call affordable housing. It does not exist. When you're talking about an investment of $40, 000 for each. possible owner, with monthly charge of $400, plus taxes. That means the person would. have to earn at least $1,500 a month. Now there's no money like that available, and further more, it's just destroying neighborhoods. If people cannot afford $400 a month, plus taxes, that means you're going to have sociological conditions in this so-called area. That means eventually, somehow I don't know, but they'll come around asking for money to keep it going. That means affordable housing, which means public housing,' and if you want to know-:about public housing I could tell you about it. I have run into 20 years. in the. City of New York. The best thing you can say about them.. is instant slums. So I ask.-you to drop this whole thing of public-- of affordable housing, because it does not exist unless somebody else pays for it-, and I prefer not to pay for it. That means that eventually that we're going to have a situation similar to that of western Suffolk or eastern--suburban slums-- that's what you're trying to create, and that means that everybody's property is less valuable. If we have a government situation that permits such things as afford- able housing---1 would have to translate that to be suburban slums. We have here an ideal situation as it stands now. If. you want to incorporate suburban slums, that means that everybody's property will decrease in value, and the large houses on Main Road, which are a help to this Town, would eventually become some say social places like let's say a home for disabled or things like that. All our towns aorund have to have a milieu of satisfaction--large houses--we have struggled to keep these things and are you going to permit such things as suburban slums? And that's what's going to happen. So I am absolutely opposed to this and I think 'the Town should drop it immediately before we get into a morass of trouble. SUPERVISOR MURPHY : Thank you, sir. I would just like to comment. This is just the. start of a process where a person has a right to ask for a change of zone. This is the 'transmittal, doing the environmental studies on it, and all that. There will be a public hearing scheduled sometime in the future when all the information comes back from all the Boards. A person has a right to ask the Town Board for a change of zone. This is all we're starting right now. Anyone else like to address the Town Board On the left? In the middle? Over on the right? (No response. ) Okay, if not we'll move on to the regular resolutions and the first one is a transfer of funds. 1.-Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1987 Budget modification to the General Fund - Part Town; Appropriations : To: B8020. 4 Planning $20,500.00 Revenues: To: B3001 Per Capita (State Revenue Sharing) $20,500.00 to allow for payment of bills, unapproved .on the 11/17/87 warrant. DECEMBER 1, 1987 443 . I.-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 2 is`1to allocate Special State Revenue Sharing Funds. 2.-Moved by Justice Edwards, seconded by._Councilwoman.. Cochran, it was RESOLVED that the'Town Board of the Town of Southold hereby. allocates Special State Revenue Sharing Funds as follows: General Fund - Part Town - $20,500.00. 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: And Number 3 is to authorize the execution of a maintenance agreement. 3.-Moved by Councilman Penny, seconded by Justice. Edwards, it was RESOLVED .that the Town Board of the..Town of Southold hereby authorizes .and . directs Supervisor Francis J . Murphy to execute an 1 BM Maintenance Agreement--. for all IBM equipment maintained by the Town of. Southold. 3.-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 4 is to authorize another maintenance agreement. 4.-Moved by Councilman Schondebare, seconded by Supervisor Murphy, it was RESOLVED that the.Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J . Murphy to execute an-IBM State and Local Government Amendment to Mid-Range System Amendment to IBM Maintenance Agreement. 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 : Number 5 is an environmental assessment. 5.-Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review, and 6NYCRR Part 617, Section 617. 10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Petition of James L. Gray Sr. for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property located on the north side of County Route 48, west of Cox's Lane, Cutchogue, New York. The project has. been determined not to have a significant effect on -the environ- ment because the parcel lies within.a proposed light industrial zone to be created in the overall Master Plan implementing zoning amendment. . COUNCILMAN PENNY : I would just like .to divulge at this time, as I have in the past, my business relationship with James Gray, and the fact that although I sell him building materials from time to time on various,projects, that there is no contracts or any other arrangements between James Gray--his corporation or my corporation, regarding any activity on this particular parcel that's coming up for a zone change, so it cannot be construed that I have an interest in this zone change, and I will vote on it. Thank you. 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 is to set a public hearing. 6.-Moved by Councilman Penny, seconded by Councilman Schondebare, WHEREAS, James L. Gray Sr. by petition dated August 26, 1987, petitioned the Town Board. of the Town of Southold for a change of zone on certain property located on the northerly side of County Route 48, west of Cox's Lane, Cutchogue, New York, from "A" Residential and Agricultural District to "C" Light Industrial District; said property bounded and described as follows: Beginning at a point on the northwest line of Middle Road (C.R. 48) 600 feet more or less southwesterly along said line from Cox's Lane, said point being -the southeast corner of the premises herein described and the southwest.corner of land of Pietrewicz; running thence along the northwesterly line of Middle Road (C.R. 48) South 25_degrees 52 minutes 33 seconds West 150 feet to land now or formerly of H. P. Wickham; running thence North 56 degrees- 42 minutes 33 seconds West 263. 16 feet to land of the Town of Southold ; running . 4 4 4 DECEMBER 1 1987 thence along said land and land of Pietrewicz North 23 degrees 14 minutes East 150. 0 feet; running thence still along land of Pietrewicz South 56 degrees 55 minutes 50 seconds East 270.0 feet to the point or place of beginning. Containing within said . bounds an area of 0. 907 acre; and WHEREAS, the Southold Town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition, now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M.., Tuesday, December' 15, 1987, Southold Town al , Main Road, Southold, New York,. as time and place for a public hearing on the petition of James L. Gray Sr. ' for a change of zone, at which time any person desiring to be heard on the above petition should appear at the time and place above so specified ; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspapers pursuant to the requirements of law. 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 is to authorize the installation of a street light. 7.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Commissioner of Public Works Raymond L. Jacobs to install a street li ht in the vicinity of pole #267, Ocean View Avenue, Fishers Island, New York. 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: And. Number 8 is to declare lead agency. 8.-Moved by Councilman.Stoutenburgh.' seconded 'by.. Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to, the State Environmental Quality Review Act in the matter of the petition of Southold Villas Inc. •for a change of zone from "A" Residential and Agricultural District to "AHD" Affordable Housing District on certain property. located on the west side of Main Road (S.R. 25) , Southold, New York. 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 the environmental assessment. 9.-Moved by Councilman Penny, seconded by Councilman Schondebare, it was RESOLVED. that the Town Board of the Town of Southold hereby engages the services of Planner David Emilita, at a cost not to exceed $180.00, to review the Long Environ- mental Assessment Form with respect to the petition of Southold Villas Inc. for a change of zone; said review to include applicant's Part 1 , prepare a Part 11 and 11 , draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the commencement of the review. 9.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOP-TED. SUPERVISOR MURPHY: Number 10 is to authorize the transmission of the petition. 10.-Moved by Councilwoman Cochran, seconded by Councilman Penny, WHEREAS, a petition has been received from Southold Villas Inc. for a Change of Zone on certain property located on the west side of Main Road (S.R. #25) , Southold, New York, from "A" Residential and Agricultural District to "AH& Affordable Housing District, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is direct to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. 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 declare lead agency again. 11.-Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold -hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Southold Villas Inc. for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District on certain property located on the west side of Main Road (S.R. 25) , Southold, New York. DECEMBER 1 1987 445 11.-Vote of the Town Board : Ayes: Counc 'lman`'Penny;` Councilwoman Cochran, Council- man S.chondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : And Number 12 is to authorize the environmental assessment review.. _12.-Moved by Justice Edwards, .seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Planner David Emilita, at a _cast not to exceed $180.00, to review the Long Environ- mental Assessment Form with respect to the petition of Southold Villas Inc. for a change of zone; said review to include applicant's Part 1 prepare a Part 11 and III , draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the 'commencement of the review. 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 .MURPH_ Y : And. Number 13 is to authorize the transmission of this application. 13.-Moved by Councilwoman Cochran, seconded by Justice Edwards, WHEREAS, a petition has been received from Southold Villas Inc. for a Change of Zone on certain property located on the west. side of Main Road (S.R. 25) , Southold, New York, from "A" Residential and Agricultural District to "M" Light Multiple Residence District, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this petition to the Southold Town Planning Board and Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. _ 13.-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 14 is to authorize the submission of an application for funding. 14.7Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J . Murphy to submit an application to the- New York State Division for Youth for 1988 funding: Juvenile Aid Bureau $34, 668. 00 (50/50 funding) ; Youth Services $10,400. 00 (100o reimbursement) . - 14.-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 15 is to accept a bid. 15.-Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of .the Town of Southold,hereby accepts the bid of Mullen Motors, Inc. for supplying the Town with one (1) 1988 Plymouth Horizon 4-Door Hatchback, at the bid price of $7,996. 84, all in accordance with the bid specifications. 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 grant permission to attend. a conference. 16.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby grants .permission to Assessor Scott L. Harris. to attend a New York State Assessors' Association Le is- lative Committee meeting in Albany, New York, on December 1 and 2, 1987, and necessary expenses for travel, meals and lodging shall be a legal charge against_ the Assessors' 1987' Budget. 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 : • Number 17 is to set a public hearing on proposed Community Development Block Grant Funds. . 4 4 fi DECEMBER 1, 1987 17.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. , Tuesday, January 5, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing to hear citizen views on local needs to be met with Federal Community Development Block Grant Funds in the amount of $159,600.00 to be received in 1988. 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 authorize another agreement. 18.-Moved by Justice Edwards, seconded by Councilwoman Cochran, WHEREAS, by Town Board Resolution No. 18, adopted on October 20, 1987, the Town Board fo the Town of Southodl authorized the .selection of the firm of Calocerino S Spina (C&S) Consulting Engineers of Syracuse, New York, to serve the Fishers Island Ferry District as its Airport Consultant (Elizabeth Field) for a term of five (5) years ; and WHEREAS, the Board-of Commissioners of the Fishers Island Ferry District now wishes to enter into a Lump Sum Agreement with C8S Engineers for the preparation of an Airport Layout Plan (ALP) for Elizabeth Field, Fishers Island, New'-York, at a cost of $29,746. 00; and WHEREAS, said agreement is to be made between the Town of Southold (Municipality) on behalf of the Fishers Island Ferry District and Calocineros S Spina, Consulting Engineers (Consultant) ; now, therefore, be it RESOLVED that the Town Board of the Town. of Southold hereby approves entering into said agreement, and hereby authorizes and directs Supervisor Francis J . Murphy to execute said agreement on behalf of the Town of Southold; and be it further RESOLVED- that all costs associated with said agreement shall be chargable against funds to be encumbered from the 1987 Fishers Island Ferry District Budget. 18.-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 19 is to accept a resignation of a deckhand on the Fisher Island ferry. 19.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Ton Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to accept the resignation of Aaron M. Rice as a full-time Deckhand, effective November 24, 1987, and to employ Aaron M. Rice as a part-time Deckhand, effective immediately, at a salary of $6. 84 per hour. -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 : Number 20 is to authorize the employment of a full-time deckhand. 20.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Tower of .Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to employ Edward D. Moore as a full-time Deckhand, effective immediately, at a salary of $6. 09 per hour: 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 to authorize the printing of the Generic Environ- mental Impact Statement for the Master Plan. 21.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby creates a new sub- section dealing strictly with non-conforming lots and specific dimensional requirements in the proposed amended Zoning Ordinance (Section 100.244. Non-conforming lots.) , and authorizes Planner David Emilita to incorporate this change in the proposed Zoning Ordinance, and to proceed to print the Generic Environmental Impact Statement with respect to same. 21.-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 22 is a resolution to authorize an agent as the Town insurance producer effective January 1, 1988. 22.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the firm of Griffing & Southwick, Inc. , 55 North, Ferry Road; Shelter Island, New York, to act as the Town's insurance producer effective Janaury 1, 1988. DECEMBER 1, 1987' 4 4 7 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 .execute an agreement between the Shelter Island Fire Alarm District and the', Town of Southold. I offer that resolution.. Amended 3/8/88 Resolution .#38 23..-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was... RESOLVED that the Town Boasrd. of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to: -execute an agreement between the Shelter Island Fire Alarm District and the Town of Southold whereby .tho Southold Town Police Department Headquarters will answer and,dispatch all Fire Alarms on behalf of said district, effective January 1, 1988 through December 31, 1988, at the annual sum of $2,500.00. 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: That's the end of the resolutions. At this time I 'd like any member of the Town Board if they'd like to have any further comments? On my left, Ray? JUSTICE EDWARDS : The only comment I have is I 'm just wondering`.f•our Council- - man- Jay Schondebare has a trapping license to eliminate all these squirrels that are crawling around his attic? SUPERVISOR MURPHY : He might be before your court. JUSTICE EDWARDS : I know that. COUNCILMAN PENNY: . Will. this require a hunting license, Ray? JUSTICE EDWARDS : Yes. COUNCILMAN SCHONDEBARE I trapped him humanely and then deposited him-- where did 1 go?--Greenport. I've got two more to go. SUPERVISOR MURPHY: Jwan? COUNCILWOMAN COCHRAN : - I would also- like to congratulate Fishers Island on- the progress .they'.ve obtained on their affordable housing for the young people on Fishers Island. Thank you. SUPERVISOR MURPHY : Paul? COUNCILMAN STOUTENBURGH : Nothing.. SUPERVISOR MURPHY : Jay? COUNCILMAN SCHONDEBARE : No, I have to go home to the squirrels. SUPERVISOR MURPHY.: Okay. George? COUNCILMAN PENNY : I 'm just happy for Planning Board Chairman Benny Orlowski today. After the flack that's been in. the papers for the last three or four months about the spending in the Planning Board becoming a burden on the .Town, and he enlightened us when we found out that he has a $210,000 to the good, .so that the Planning Board fees which he's been collecting. have not been accruing, but have been used to off-set your taxes. So it's unfortunate, but a misinterpretation seems to have been rampant and widespread and Benny came in and finally cleared it up today, and I 'm very happy. He took a lot of abuse from what was going on.- in the press. Thank you. SUPERVISOR MURPHY : Thank you-„ George. Anyone in the audience now would like to address the Town Board ? Mr. Carlin?, FRANK CARLIN : Frank Carlin of Laurel. I didn't have no dinner, I came right from work. We get a lot of overtime in Grummans this time of the year to get the planes . J. so I figured I 'd just drop in and see all my friends here tonight. Jay, are you going to listen to what I have to say tonight? COUNCILMAN SCHONDEBARE : Yes, Frank, I'll listen to what you have to say tonight. FRANK CARLIN : I 'd give you a set of plugs. COUNCILMAN.SCHONDEBARE: No. FRANK CARLIN : Okay. Last meeting I mentioned that I was on jury duty September - 9th-and what 1-'m going to say tonight is .only constructive criticism My friend, /� /� 8 DECEMBER 1, 1987 `t '# Judge Tuthill was presiding---Judge Edwards, rather, was the presiding.:judge. And I noticed one' thing--he started out with say 5.0 people and when ,we finished there was about 25. maybe one-third was excused,. .maybe even two-thirds. The reason is I know that a lot of people were called mybe only three months, or six months, and the rules are you aren't supposed to be called no sooner than two years. Evidentially there's..something. wrong with the pool, or--how you select . them I don't know. But I think that seeing that you have a computer system now and. you're adding software -I understand in the.Clerk's; Office, the Tax Receiver-- I would suggest that. maybe you could add'software to improve the jury. selection pool. I 'm not saying anything wrong .about Mr. Edwards. - He did his job well. And I believe he'll agree. with me what I.'m saying. 1, get paid when I- serve on jury duty. A..lot of people don't. A lot of people have a business. and -have to leave their business. Housewives have children to get off to school, and you stayed here until 1 :00 o'clock and then find out you have or.that you're excused on a legal reason because you .already been called three months ago or six months ago, I think is something to be desired. I would suggest that maybe we could add that kind of software that people would be called more on an equal basis, not sooner then two years and that everybody who's eligible who is qualified be called and put on a roster. I know of people who are never called. In fact two weeks after was called here I was called to serve on a county jury, but I used this as an excuse to-get out of it two years. JUSTICE EDWARDS : I'd like to make a comment here; Frank. I think;it's a problem between the County and the Town, because 950 of those people that asked to be dismissed because they had served previously,. was because they served down in the County and not in the local Town level, and it's almost impossible with the paper- work that we have today to cross reference these names. So that was the reason for it. It's not that-they've .sat in Southold Town .before, , it was that they had previously sat down on .the County level. FRANK CARLIN : There was one woman here that .mentioned that she was only called here three-months ago, and I believe there was another one that was called and she was called six' months ago, one woman stood up and she said that she was called--the lawyer mentioned to, her, well, as' long as you're not .selected it doesn't matter. That's not right. As long as you're called should still get credit for that. SUPERVISOR MURPHY: Okay, Frank, we have nothing to do with this, but we will pass the comments on to-the Commissioner of Jurors. We get the list from the. County Commissioner of Jurors. FRANK CARLIN You don't select---- SUPERVISOR MURPHY: We don't select. We get the list. We have absolutely nothing to do with it. We'll pass your comments on to the County. FRANK CARLIN : six months, it should be a minimum of two years. SUPERVISOR MURPHY : Thank you. We will pass -it on. We'll write them a letter tomorrow. Okay? FRANK CARLIN : Fine. SUPERVISOR MURPHY : Yes ? PHI L BARTH : The only comment I want to make--I noticed that at the audit of bills--the approval of the audit--there were two abstentions. That's very unusual. I 'd like to know why.. COUNCILWOMAN COCHRAN : I can answer for myself. I can't answer for the Judge. I abstained because there is a bill in the audit today that I do not support paying. That simple. Now if the Judge would like to answer why he abstained. . . . JUSTICE EDWARDS : For myself, I was not here for the audit of the bills. I had to step out, I had some personal business to attend to in Southold, and when came back all of the bills had been audited,. so I did not see one bill, did not put my signature on any of them. So that's why I had to abstain. COUNCI LWOMAN COCHRAN : And the bill I'm speaking about is the one that relates. to the paying of posters, nine hundred and some odd dollars for posters, 500 posters, and there's still another bill outstanding, and I think it's an extremely high cost. SUPERVISOR MURPHY : Is.there anyone else like to address the Town Board? Yes, ma'am? MARION KING: My name is Marion King and I'm here just to basically tonight to ask a question. I happened to have the opportunity to see the map as a subdivision that is souqht in the back of my home today. Today was the first day I had seen DECEMBER 1, 1987 449 it, and with the amount of property out there, ,I was amazed to see that directly up against -my property the affordable':.,fiousing�- Ibts' '75 feet wide, their backyard abutts. up .against'my side yard, and it just doesn't seem to make sense. 1 mean, most subdivisions today have green areas, they try to keep away from people like that. I have spent--which is no one's fault but mine, but a lot of money trying to keep a nice home in Southold, which 1 think that helps Southold, and to me it's very unfair:to 'put affordable housing in. I'm not against affordable housing, -but I do not think the backyard should directly adjoin my property 75 feet wide.- COUNCILWOMAN COCHRAN : Marion, may I say something? The attorney representing the client was in today and when 1 had seen the plan, golly at least a month ago, also 'had concern. I didn't feel it was planning at its best. I looked at the plan and I suggested that perhaps, what could happen was directly behind the Franke property that the lot that was being placed there,.. be moved over to the other side of the drive and in a part of the greenbelt area, so that that would leave a green area behind the Franke property. In addition I asked if it would not be better planning if a 25 foot buffer would run along that entire property, continuing along the Franke property, and going around your property. Now when I spoke with the attorney today, and with Merle Wiggin, they were not aware that I had spoken to the planner about this, or to Jim McMahon about this. They assured me that both changes would be made to better allow for a nicer area within the entire neigh- borhood. TOWN CLERK TERRY: Excuse me, I 'd like to say one thing. When we recessed-- adjourned the work sesson at a quarter of six tonight, ' I walked in my office and those maps were on my desk, and that border is in there. COUNCILWOMAN COCHRAN : Is .the border? And has the other lot. been moved over? TOWN CLERK TERRY: Yes. COUNCILWOMAN COCHRAN : Thank you. At least that's been taken care of. COUNCILMAN STOUTENBURGH : You might want to look at that, Marion. COUNCILWOMAN COCHRAN : So .the recent map is.now with Judy, okay? ` MARI ON KING : ; I .think that's a great help. I don't think it's really enough when there is a great deal of green area that can be--and. I noticed one of. the green areas being up near the railroad tracks. That doesn't quite make sense. COUNCILMAN SCHONDEBARE : I questioned that. SUPERVISOR MURPHY: One of the purposes of that is to try to: set areas aside like that in an area-which is potentially the source of the fresh water, the cleanest. You're close to the diviae on the water. That's why the Planning Board .is using the Route 48, or the railroad, as like the divide, and we would have potentially the cleanest water available for all the residents in the Town. And that's the purpose. of keeping the open space. MARI ON KING : Why would that water be cleaner than. . . . . . COUNCILMAN STOUTENBURGH : The concept here, Marion, is that when rain comes down and it builds up under the ground, it goes to the north or to the south. Okay? So, therefore, if you find that center section where it goes to the south and to the, north, then the rain water would go straight down and you wouldn't be getting .. it from farmlands and other areas. And this is the area that is probably the most prime of our watershed area along--and they've taken, as I say, or Frank has said, the railroad track and 48. That's the area where the water runs one way and the other way. Runs to the south and to the north. MARION KING : Well,-..as I say, I 'm really not prepared to talk sensibly about it, because I saw it this afternoon. SUPERVISOR MURPHY: I think, Marion--see this was just transmittal, doing the environmental forms and all that. There will be a public hearing set on it. The plans aren't finalized with the Planning Board or anything. There will be a time to study it and for people to comment to the parties, and before--- MARI ON KING : It just seems that there was this cluster zoning but this mass of houses is all up in this one end, and triey I don't know what the others were, I saw the square boxes---whether they're townhouses, condos, I don't know what they are, up the other end. There was a lot of open space. But why wouldn't the open space have been brought up around people--I mean along the Main Road we're lined up I grant you, but it does seem that why not bring the'townhouses up in our district and put the heavy zone away from everybody? Even this heavy 450 DECEMBER 1, 1987 zone that's up near us, what happens to the people that have their wells--all the cesspools up our end ? There is nobody that leaves up to the west. I mean that's a lot of open space, but you're bringing all the housing right up in an area where here are all our houses. SUPERVISOR MURPHY : Marion, your comments will be passed on to the Planning Board and to the Health Department. MARION KING : I wanted to go on record that I think it's very poor planning. SUPERVISOR MURPHY: Very good. MARION KING : I'm not against affordable housing in any way. COUNCILMAN SCHONDEBARE : I saw that too, Marion, and I have to share your opinion. When I saw it I didn't understand why the affordable was directly behind your houses and why the "M" cluster was back by the railroad tracks. I would have flipped it around the other way. I would agree with you, but I don't know why he did it. MARION KING : If it is turned around I will have' no further comment. It's fine. COUNCILMAN SCHONDEBARE : I noticed that too, and that was the question I'm going to have to them when I talk to them. COUNCILMAN PENNY: Marion, are you talking about flipping the affordable versus COUNCILWOMAN COCHRAN : To the back, right. MARION KING: The townhouses--what are those? Are they townhouses? What are they ? I don't know what they are. COUNCILMAN PENNY : Really it's too early. MARION KING : It looks like three together, and it looks like it might have garages, and then there's two together and then there's three together, and I don't know what they: are. SUPERVISOR MURPHY.: This is just the first initial submission of an application. There will be much time to discuss it and to look at it, and then as I say, a public hearing will be held. MARION KING : If you're all aware of it, look into--just look switching it and make it as pleasant as you can for the people along there. And I don't think you'll have any flack from anybody if it's done right. It's just not--at this present time the way the map is drawn, it is not done right. It's backwards. COUNCILMAN SCHONDEBARE : I thought it was backwards too. SUPERVISOR MURPHY : The comments will be passed on. Thank you. Yes, ma'am ? MARY LOUGHLI N : Why has the lady opposite me looked at the map a month ago, why is it that the people who are primarily concerned with the changes are the last people to hear about, and by the time they do hear about it it's a fait accompli ? SUPERVISOR MURPHY: This I might say was just a concept that was brought in to the various Town officials to. look at before a formal application was submitted. And as I said, there will be much discussion on it. These comments will be passed on to the people on'Ahe Planning Board there will be a public hearing on these. So I appreciate your comments. COUNCILWOMAN COCHRAN : Just a clarification. I happened to be in Town Hall one day and I was in Jim McMahon--Community Developer's Office--and it was lying on the desk and I said, "Oh, what is that?" And he said, "It's an application being presented for this development over here." So I was interested because I 'm a resident of Southold, I know the people that live along there for a long, long time, I think it's one of the loveliest areas as you come into Southold. It's a part of the community and the niceness of the downtown area, so I was concerned, and I concerned myself with it. It is not a matter of that I knew it before you, or that you should feel the way that yo-u feel. SUPERVISOR MURPHY : . Okay, is there ariyone' e_ Ise would like to address the Town Board? DECEMBER 1, 1987 451 COUNCILMAN PENNY: Frank, I would like to .say something at this time. In the planning and zoning procedure for the AHD done; under the"application procedure, the procedure for planning and zoning approval of any future proposed development in an AHD District shall involve a two-stage review process as follows:" and .I thought I'd bring everybody's attention to number one. which says, "Approval of a preliminary development concept plan and the zoning reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Town Board." Now that Town Board has not had this development concept session with these people, and I really think that we're out of order in passing it on at this time, especially in light of the comments that we've had tonight;. and I really think that we should rescind those resolutions and start from square one. We're not following our own Town Code, COUNCI LMAN STOUTENBURGH : It's in the minutes and it will be note. SUPERVISOR MURPHY: It will be noted. Anyone .else in the audience like to comment to the Town Board? (No response.) Okay, .at this time I would like to ask for a motion to adjourn. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED: that this Town Board meeting be and hereby is adjourned at 8:20 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. 01 ��h T. Terry Southold Town Clerk