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HomeMy WebLinkAboutTB-08/14/1984 365 SOUTHOLD TOWN BOARD - AUGUST .14, :1984 WORK SESSION 10: 15 A.M. - The Board audited :outstanding. vouchers submitted for payment. Present: Supervisor Franc s 'J. Murphy, Councilman Joseph L. Townsend, Jr. , Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker .. EXECUTIVE SESSION 10:30 A.M. -- The .Board_ met with. Frank Yakaboski, Special Counsel, to discuss the Silverman-Cartnick Wetland Application litigation. An adjudicatory hearing upon the Silverman-Carnick application to the DEC will be held at the Southold Town Hall on September 20th at 10:30 A.M. WORK SESSION 10:50 A.M. The. Board discussed off-agenda items: Hodor-Staller relief petition litigation and Goldsmith Inlet Jetty litigation. 11:15-A.M. _= Stanford J. .Searl; Jr.., Ph.D, M.P.A., Actin Administrator, East End Community Services, Inc. met with .the Board to discuss the'.East End Community Services proposal for a non-profit `agency offering home health care services and family support to residents of Southold Town, for which they are asking for start- up funds'in the amount of $60,.000.00 .from the Town for Year I of their project beginning January 1, 1985. When 'questioned about a pay-back,. Dr. Searl said they were looking for an outright grant. It was the concensus of the Board that there should be considerable research into this request and advised-Dr. Searl to seek additional outside funding before eicpdcting a commitment from the Town. 11: 40 A.M. - Chief H. Daniel Winters and Tom Woodchike of Wrodat Microsystems Inc. met with the Board to discuss computerizing the Police Department and Highway Department. Mr. Woodchike explained the various hardware/software items required for both departments, recommending that the Board advertise for.bids for Epson Microcomputers, or equal. (See resolution No. 32 on the regular meeting agenda.).. However, before advertising for bids, Chief Winters was asked to check County and State bids to determine whether this could be a direct purchase under those contracts if the equipment is, compatible with the needs of his department and that of the High- way Department. 12:20 P.M. - Franklin Bear, Chairman of the Water Advisory .Committee met with the Board to bring them up to date on the. activities lot the Committee, anEr their research into funding and a proposed meeting with representatives of the. Town of Riverhead at Riverhead Town Hall,, 4:30 P.M., August .22nd, concerning their mutual activities. -12:30 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened and.the Board. completed auditing the outstanding vouchers. 2: 15-P.M.. .- .Executive .Administrator. Victor. Lessard met with the Board to discuss handicapped .parking regulations; proposed lead agency agreement between the Town and the DEC; proposed Local Lava for building setbacks from tidal waters. 2:50 P.M. - Councilman Schondebar.e urged the Board to discuss and make a firm decision on the' future. procedures concerning a proposed Captain Kidd WAter District. It was the unanimous decision of the Board to adopt a resolution (No. 28) determin- ing that'further action must come from the majority of the property owners in the proposed district. . ,The Board will not- proceed further on their 'own motion. AUGUST 14, 1984 366 2:55 P.M.. -. John .Durkin, Fiscal Advisors, met with .the Board to discuss the sale of bonds for the Farmland Preservation and Wastewater Treatment Facility. Mr. Durkin advised the Board the market is. very favorable to bonds and has been for . the past three months. He anticipates the interest rate on the $1,662,500 amount over a 20 year period to be between 94$ to. 9%. It was the decision of the Board to sell a permanent .bohd rather than a bond anticipation note. Mr. .Durkin then recommended the Board appoint a fiscal agent and recommended Chase Manhattan Bank. Supervisor Murphy, will' contact the local banks before this.'appointment is made. 4:00 P.M. Councilwoman Cochran presented her !'Seat Belts for Safety" Project to the Board. (Copy on file in the.Town Clerk'.§ .Office.) Part-of the project is the use of a Pledge Card and Post Card. Incentive to be mailed to the Town when an individual is sited wearing a seat belt, for which prizes will be awarded. The prizes: will be donated, but Councilwoman Cochran asked the Board's support in supplying approximately $67.00 for printing of the cards,. plus the necessary postage. She was assured she would have their cooperation. 4:25 P.M. - Scott Sutcliffe from Nature Conservancy spoke to the Board about the three parcels of wetlands in Orient which are currently being considered for purchase by the Town from the County under tax sale. Nature,Conservancy has designated approximately 300 acres of wetlands in Orient as nature preserves. They purchased sixteen acres last year and approximately 50 acres prior to that. The three parcels in question are anchor parcels and would be very important in the purchase of other parcels. Mr. Sutcliffe asked the Board if they would consider assigning their interest to Nature Conservancy. It was the opinion of Town Attorney Tasker that such an assignment would be permitted since, the purchase by the Town would mean the property must remain in public ownership. Mr. Sutcliffe offered to met with County officials to determine whether such an assign- ment would be legally -possible and report back to the Board before their August 28th meeting. 4:45 P.M. - Work Session adjourned. i REGULAR MEETING 7:30 P.M. w A Regular Meeting of the Southold Town Board was held on Tuesday, August 14, 1984 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 theFlag. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town .Attorney Robert W. Tasker SUPERVISOR MURPHY: The first order of business tonight I'd like a motion to approve the bills of the audit from August 14th, 1984. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, , 1t was RESOLVED that the following audited bills be and hereby are approved for..payment: General Fund Whole Town bills in- the amount of $32,541.72; General Fund Part Town bills in the amount of $29,409.40; Fishers Island Ferry. District bills in the amount of $61,222.59; Highway Department bills in the amount of $121,734.67; Federal Revenue Sharing bills in* the amount of $2,282. 00; Wastewater Treatment Plant bills in the amount of $6,•992.•66'. - Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is 'a resolution to approve the minutes of the Regular Meeting of July 31st, 1984 and the Regular Meeting held on Fishers Island on August 8th, 19,34. e AUGUST 14, 1984 367 Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED. the- the minutes of the Southold Town Board meeting held on July 31, 1984 and -on August 8, 1984 be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, -Councilman Stoutenburgh, .Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next 1'd like a resolution setting the next meeting date for August 28th, 1984, 3:00 P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the next Regular Meeting of the Southold Town Board will' be held at 3:00 P.M. , Tuesday, August 28, 1984 at the Southold Town Hall, Main Road_, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, before moving on to the regular,agenda, 1'd would like to welcome-you Boy Scouts here. 1 understand you're all from Baiting Hollow and you re on your Eagle Scout project and welcome. Southold Town has done very well. Since I was Supervisor• F went to three Eagle Scouts awards. I congratulate you boys on the work you're doing and your leaders for the work they're doing with you and wish you well on your endeavors. If you have any questions feel free, after the meeting, to ask whatever you need and we could explain anything hope. This Work_ Session started at 10 o'clock this morning and we did go over the agenda plus many other items of what .we call off-agenda and this is where most of the Town Board business is done. Right now it's pretty formal. It's passing resolutions that were discussed and discussing facts. that we discussed at length this morning and this afternoon and the Town Board• members all receive copies of all the correspondence that pertain to various things, litigation, whatever, zone changes that. come up before the Town .Board. This is Southold .Town Board. We're made up of six people here and this is 'a little different from the other towns in Suffolk County. There. are ten towns in'Suffolk County. .We're the only ones- that have six'members on the Town Board. The extra member is Judge Edwards from Fishers Island and it's by a special resolution. He's .elected town-Wide' but he has to come from Fishers Island. Fishers Island is a part of Southold Town. It's very close--it's much closer to. Connecticut over by New .London if anyone has taken the ferry, that's that big island right off to the right as you're going in and Judge Edwards. comes from there,: so we have one extra member on the Town Board here.. Now we'll _move on to our regular agenda. 1. REPORTS. SUPERVISOR MURPHY: The first is 'reports. These reports are all on file in 'the Town Clerk's Office for anyone who wants to look at them, inspect them, whatever you'd-like to do. 1. Supervisor's monthly report. - July .1984. This is where the money is, how the budget looks at this point in the year. 2. Grant Program .monthly report - July 1984. This again is money. 3. Wastewater Treatment Plant monthly report'= July .1984. Southold Town is presently starting construction on a septic system to treat the septic waste or the effluent from your cesspools and it's .going to be treated and going to be put into the Greenport Sewer District. This is a special grant. It's going to cost the Town, or the people, about two million dollars. The Federal government and the State are picking up about. 922 0 of the cost. We're picking up locally the balance of it. 4. North Fork Animal Welfare League's monthly report -. July 1984. 5. Building Department's .monthly report -July 1984. If you look at that you'll notice how busy and that the Town is really growing. 6. Town Clerk's monthly report- -July 1984. 7. Southold Water Advisory Committee. 8. Town Trustees' monthly report - July 1984. 9. Justice Tedeschi's monthly report - July 1994'. 10. Highway Department's :monthly report July 1984. 11. . Planning Consultant Szepatowski.Associates Inc-: progress report - 'July 1984. He's the man helping organize our Planning Department this year. 12. Police Department's monthly. report - July 1984. 13. A report, very interesting,' first time this is on and it's on the-=we have Suffolk County Health Department put a water machine in the Senior. Citizen Building and Youth Recreation Center Building in Peconic and .this was an experimental basis and it's to get clean water. People buy the .water at five cents a gallon' and just to give you an idea how many people use it, for the period from .July.20th to August 3rd, ten days, we sold 1,395 gallons. That's a tremendous amount. The money is really minimal. It doesn't even pay for the cost of the machine. This was an experimental basis done in conjunction with the Town Board and the Health Depart- ment several years ago. Out on the east end here we have a lot of contamination from agricultural chemicals and salt water intrusion and this is why. we are very concerned about our freshwater supply out here. 36 8 AUGUST 14, 1984 14. Cablevision monthly report on their rebuild in Southold Town. I am very happy to say that'They are proceeding very very well. 15. Next we'll move on to the Councilmen's reports and 1'd like to sfart on my right with Councilman Schondebare. COUNCILMAN SCHONDEBARE: Well I welcome all the Scouts here this evening. As the Supervisor indicated to you most of what we do was done this morning in our Work Session. We started at 10 o'clock.and we finished at 5 o'clock, so all these resolutions that you see on the agenda that you have we've already discussed when we went over it. The Work Session is open to the public and we do it right down there. We have the tables and chairs- all set up and everyone comes in from the public who wishes to be heard or make a comment and .they. come and they sit down and it's open to the public and everyone's there. So consequently what we're going to do here tonight is basically vote on the resolutions .that we've already agree upon, but most of the nuts and bolts, everyday activities and decision making and. the give and take and our communication with one another is done during our Work Session and what we do here tonight,is .what we've already agreed upon we were going to do during the course of the day, so it might seem that we're going through : ., these resolutions rather quickly, but we went through every- one of them during the course of the day and as I say that also is 'open to the public and it's .a good insight to come, in''and listen to that because that's really where your Town government is working on a local level. Outside of that, we went to Fishers Island, as everybody knows. It was my first experience on Fishers Island and it was rather interesting and instructive. I'll leave it at. I have nothing else. Thank you. SUPERVISOR MURPHY: Thank you, Jay. Councilman Townsend. COUNCILMAN TOWNSEND: I have a report on the-on-going activities of the Farmland Prservation Committee. I'm. the Councilman that's sort of the liaison between the Farm- land Preservation Committee whose job it is to oversee the 1.75 million dollars the Town has bonded or is about to bond for the preservation of development rights to the farm- land. The Town feels that it is a good thing for the Town to preserve its farmland and that industry. It adds to what-we think Southold Town is and why it's a nice place to live. This last meeting of August 7th we .discussed the offers that have been to this Committee by the owners of farms in Southold-Town and we discussed methods of appraising that land so that We can buy .the development rights. The development rights are not--the Town does not buy the land .itself, all it does is buy the ability to put houses on that land for those.people who aren't familiar with the development rights program. The County started this, and I think it was the first political entity Ao .do this in the country, about ten years ago, and now the townships of East .Hampton and Southampton and now Southold Town are starting their own programs to- preserve that- farmland. Once we pay these farmers a certain amount for their development rights, they can't put any houses, they can't put any stores, they can't put anything on that property-to change that property. It means that. it 'will -be kept in farms or nothing for the rest of time, assuming we don't have a change in philosophy. So this last week w,e met with two members of--the Commissioner of Suffolk County's Department of Real 'Estate, a Mr. Robert Sqroi and their appraisal review administrator 'for Suffolk County a Richard Gartner and he was talking about the procedure of appraising this property. Approximately how much it.was 'going,to cost and he figured anywhere between two thousand to three thousand dollars a parcel. They felt we ought to have appraisal review procedures so that nobody could question our appraisers and we had discussions along that line. If you're intere9ted in learning more about this you can read it in the minutes of Farmland Preservation Committee.--Also Jim McMahon who is our Community Development Administrator, and is overseeing the development of the .new addition to our Dog Pound, reports that at long last we can !expect completion of the new Dog Pound by the 28th of this month. This has been long overdue in coming and we have contracts with the Village of Greenport that have been held up by this and threats were made recently that resulted in some action finally bn the part of the contractor. That's all 1 have to report. SUPERVISOR MURPHY: Thank. you, Joseph. Paul? COUNCILMAN STOUTENBURGH: As being on the Inland Waterways Committee I'd like to report that I spend the morning in Mattituck and saw three boats go aground so the Town Board can expect a requisition for some more bouys -next year in Mattituck Inlet. And I might add, for. the young people -in'our audience, that each of us as Councilpeople have.certain committees that we have to serve on. For instance I'm on the Inland .Waterways Committee and Joe .is on the Farmland Committee and somebody is on the Lighting Committee. ' All these committees are taken up by a Councilperson and it's .their job when anything comes in about--for instance anything with our inland waterways it's .directed, .to me and therefore I then report to the Town Board, so the Supervisor, can't .keep everything under this thumb so we sort of.keep it for him' and report to the whole Town Board and that's how you hear us each .giving a report- and having spent many years as a Scout leader myself, ' l appreciate what you've done and the young people that are in the audience here. I surely think it's a great organization. . That's .all, Frank. SUPERVISOR MURPHY: Thank you,. Paul. The next person is quite special. This person is the first woman who has ever been elected to Southold Town Board. Now.. :::::, AUGUST 14, 1384 369 you boys don't realize this but it's quite a historic event. Southold Town' is over three hundred years old and Mrs... Cochran here is the first woman that was ever elected to Southold Town Board. Just came on a few months ago, doing a tremendous job and she was. very active in the Girl Scout movement. So I'd like to introduce, Councilperson Jean Cochran. COUNCILWOMAN COCHRAN: Thank you. I would like to also extend my welcome to the Boy Scouts here with us this evening. I believe one of the reasons I was elected to this. position .is.'my .past -experience with Girl Scouting. I served as President of the Suffolk County Girl Scout Council for five years, and I'm very familiar with your program, the earning of your Eagle Badge. a wor ed very closely with Boy Scouts on a County level developing different programs so 1 wish you good luck in your future endeavors. I. also serve on many committees. I have, since the last Board meeting, attended a Water Advisory Committee, of which., the Chairperson Mr. Frank Bear reported to the Board this morning. Also as Town Board members we attended a Planning Board meeting in relation to our Master Plan. . I had the opportunity to speak to the Southold Rotary Club last Tuesday night on parts of our government. I also presented to. the Town Board this morning a project plan on the Safety Belt Program. As many of you young people know and the rest of you--all you young people--January 1st it 'will become State law that you must wear a safety belt in motor vehicles. So we here at Southold are developing a project. The key to. the entire success of the program,Iis helping people develop the habit of wearing the safety belt. Once .you develop the habit then you continue to wear it. So this project is to help people develop the habit prior to the law taking effect. 1 had an existing experience about a week ago with Supervisor Murphy and .Super- ._ intendent of Highways Ray Dean and Jim McMahon who is;our Community Developer, we took a trip to Ansonia; Connecticut, which is near Bridgeport and we visited a landfill site to view a shreader machine operation. This is the most fantastic machine have ever seen in relation to a landfill. What it does is actually chew up and spit out bulk waste that has been brought .into the landfill. The purpose being that it would extend the life of your landfill. This particular. machine took care of thirty tons an hour so-=Ansonia is 'about the size of Southold and they run this machine one hour a day, sometimes two depending on the materials brought in. It took only three men to operate it, one on the scoop bucket which pushes anything from times on rims to rubber tires by..themselves .to. old washing machines, to old TV's, to mattresses. Frank,..we .say just about everything go up. that conveyor belt and it does Up through this machine and when we walked around back. to view what comes out the pile was so small. it was absolutely amazing. You really have to see this to believe, it. One other function that it did was to pick out the ferreous material that then is recycled and I'm sure .that. as a Town Board -we'll .be looking very closely. at this kind of an operation because:it certainly is one of the greatest:things I'veever.: seen as far as extending a life of a landfill. I think.that's .about it. Again, welcome. SUPERVISOR MURPHY: Thank you, Jean. Landfills are the biggest .problem- on Long Island. 11m. sure most of you boys are all from Long Island. This is our biggest concern right now and the protection of our most precious water supply. We're very unique out here. and we have to.be especially.careful. Jean is getting quite an experience. This is about the third Iandfill'that she's visited and I'm. sure when she ran for this office she didn't think that she'd be spending her .days running around into garbage dumps. Next I'd .like to introduce our Judge from Fishers Island, Judge Edwards. JUSTICE EDWARDS: God evening. I'd like to welcome the Scouts to the Town Hall and wish them all the best in their future endeavor in reaching the plateau of Eagle Scout and also let.-you know what my schedule was this morning._ I left Fishers . Island about 7:30 by plane and .with the weather. conditions the way it was, we never got over 300 feet and I was kirid of wishing I brought my fishing rod along because the Blue Fish were really skipping- out over the Race. ' Got into Mattituck and drove into Riverhead and spent and hour and a. half between the County Clerk's Office and Department of Motor Vehicles doing some favors for people on Fishers Island. Arrived at the Town Hall this morning about 10:30, got into the Work Session and I stand on all committees on Fishers Island that pertain to Fishers Island, so my telephone rings constantly during the day and even':in the evening. Tomorrow at 9:30 in the morning hold court here in the Town and I also have cou?t- back on Fishers Island tomorrow at 6:00. So again, welcome to all and especially to the Scouts. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ray. The only thing I want to add is to notify the public that Southold Town's Nutrition Site has been chosen by the County Executive for a Senior Adult Day Care proposal that we submitted and this is a grant and it's very unique. This is something brand new, a whole new concept and we're very pleased that we got this grant and look forward to expanding and working so that it will be of some help to some of the older people who are not sick enough to be in a nursing home or a hospital but cannot. manage on their own. It's a great step forward and I'm. very pleased we could partake in. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to Public Notices the only one we have is from the New York-4-State Uepartment of'Environmental Cotervation is 'a notice to land- 37 O AUGUST 14, 1984 owners of a public hearing on the Tentative Freshwater�Wetlands Map for Suffolk County that will be held August 21st, 1984 between the hours of 1 PM E 7 PM at Southold Town Hall, Main Road, Southold. The maps are on file in the Town Clerk's Office. Ill. COMMUNICATIONS.- . SUPERVISOR MURPHY: The first one is from our' good Governor and he was sorry 'he was not able.to attend our annual meeting on Fishers Island but we appreciate his thoughts anyway. 2. Captain Kidd Civic Association telling us the feelings of the community on their proposed Water District. 3. From the Town of East Hampton, the Police Chief over there Thomas Scott complimenting our. Town and the Police Chief and the Police Department on the work they do here. We had a training program where one of their officers came and rode for one week with one of our. officers in the Town and this September we're going to exchange one of Southold's who will*go to East Hampton. It's very good because you learn different procedures, different things that you take for granted in one depart- ment. You could bring back to the other department. {t,,was most rewarding for the Town of East Hampton. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: At this time I'd like a motion to recess fo hold two public hearings. Moved .by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was RESOLVED that a recess be.cal{ed at 8:00 P.M. for the purpose of the holding the following .public hearings: 8:00. P.M. - On the petition of Victdria Helen Moller, Executor of the Estate of John W. Moller .for" relief from"'the Bulk requirements of the Zoninq Code of the Town of Southold, with reference to a proposed minor subdivision to be known as . "Minor. Subdivision of John.W. Moller and Dorothy Moller." . 8:.05 P.M. On the petition of Theodore Laoudis 'for relief from the Bulk requirements of the Zoninq Code of the Town,of Southold with reference to a proposed major subdivision to be known as "Angel Shore Estates." Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy This 'resolution was declared duly ADOPTED. The meeting reconvened at 8:42 P.M.'. V. RESOLUTIONS. SUPERVISOR MURPHY: The first one we are going to hold fora little more study. We are negotiating with a group to pick up.this property. (Purchase of three parcels of land from the_Suffolk County Department of Real Estate.) Number 2 is on a Local Law, would someone like to make it7 2. Moved by Justice Edwards, seconded by Councilman Stoutenburgh; WHEREAS a proposed Local Law No. 9 -_1984 was .introduced at a meeting of this Board held on the 19th day of June,. •1984, and WHEREAS, a public:hearing was held :thereon by the Board on the 3rd day of July, 1984,, at which time all interested persons were given an opportunity. to .be heard, and recessed for written, comments and reconvened on the 17th day of July, .1984, now, therefore, be it ' RESOLVED that Local Law No. 9 - 1984 be enacted as follows: LOCAL .LAW. NO. 9 - 1984 A Local Law in relation to-permits and licenses for transporting refuse into Town refuse disposal areas and penalties for offenses. BE IT ENACTED by the Town.Board of the Town of Southold as follows: Chapter 48 of the: Code of the Town. of Southold is hereby amended .as follows:(additions are indicated by underline;- deletions by [brackets]) . 1. The word "REFUSE" set forth in Section 48-1 thereof is hereby amended to read as follows:' . REFUSE -. Any. human, . [or] animal. or vegetable refuse, offal, swill, cesspool and/or septic waste, sewage, garbage,. papers, ashes, junk, trash, rubbish,.. waste, of whatever material composed, discarded machinery or parts thereof, discarded vehicles or parts thereof and an unlicensed motor Vehicle . parked, . stored or standing outside an enclosed building in an inoperative condition for more than thirty (30) days. 11. The term "REFUSE DISPOSAL AREA" set forth in Section 48-1 thereof is hereby amended to read as-follows:- AUGUST 14, 1984 371 REFUSE. DISPOSAL AREA - The sanitary', landfill site owned and operated . by the . .Town of Southold north of County Route 48 at Cutchogue, New York, and any premises designated by the Town Board as [the] a refuse disposal area of [this] the town for , the disposal of refuse-by the residents of [this] the town. 111. Section 48-3 thereof is hereby amended by adding a new subdivision thereto, to be subdivision D, to read as follows: D. ' Notwithstanding the- provisions of subdivision C of this Section 48- 3, no -vehicle shall be permitted to transport refuse into any refuse disposal .area maintained by the Town of Southold, unless suc ve icle displays a valid permit and/or license required by a resolution adopted by the Southold Town Board. IV. This local law shall take effect upon its filing with the Secretary of State. SUPERVISOR-MURPHY: Any questions on this? COUNCILMAN TOWNSEND: Yes. As you know we have tabled this a couple of times because of amendments that _were, being discussed :relating to the; initial_. 'resolution. While I have no objection to this.'law and feel--and will*vote ,for this law, and I realize I'm partially at fault for this 'because I think there's .been some confusion over who and how these amendments to the resolution were going to be made. I still: feel that we should hold this until we have--make those changes to the permit structure that we were .going to make, whether it..'involves reimbursement of money to pick-up trucks or whatever, I think that. we- should Just just table this 'one more time. That's my only feeling. I'm in favor of the concept. I feel we should '` .have enforcement power but until we get the or-gfnal_r_esolution more workable I'd like to do that. SUPERVISOR MURPHY: Any other questions? COUNCILMAN SCHONDEBARE: Are you going to make. that in a motion? I'll second it if you make it 'a motion to table it. Moved by Councilman Townsend, seconded by Councilman Schondebare, it. was RESOLVED that Resolution No. 2 - proposed Local Law No. 9 - 1984. be TABLED. COUNCILMAN STOUTENBURGH: Can we have a discussion on this? SUPERVISOR MURPHY: On the question, yes. COUNCILMAN STOUTENBURGH: We are we going to resolve this? Sr COUNCILMAN SCHONDEBARE: Weren't .you going to meet with Bob Tasker, our Town Attorney, and Judy? COUNCILMAN TOWNSEND: And see what we can do about. changing the original resolution. There are four changes we want to make. COUNCILMAN STOUTENBURGH: When are. we going to do. this? I .want a time on it. COUNCILMAN TOWNSEND: Prior to the next meeting. I will vote on this next-_:. meeting if we don't .get it done.. COUNCILMAN STOUTENBURGH: All right, that's fair 'enough. SUPERVISOR MURPHY: Any other questions on tabling? Vote on Tabling Resolution No. 2:= Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Resolution No. 2 is tabled to the next meeting. Move on the the third resolution. "3. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, 'it was RESOLVED that the Town Board of the. Town of Southold hereby declares itself Lead Age9c1 in regard. to.the State Environmental Quality Quality Review Act in the matter of the application of Richard J. Cantwell for a Wetland Permit on certain property located .on_the. south side .of Main Road, Orient, New York, and request Mr. Cantwell to prepare and 'submit a Long Environmental Assessment Form 3 7-2 AUGUST 14, 1984 SUPERVISOR MURPHY: Any other questions? (No response.) 3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to rescind a previous made resolution. 4. Moved by Councilman Stoutenburgh, seconded by Justice Edwards; it was RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 23 adopted on November 1, 1983, setting fees for permits for the disposal of liquid and solid waste at the Southold Town Landfill Site; as amended by Resolution No. 17 adopted on May 22, - 1984. _ SUPERVISOR MURPHY: 1 think we want to table this. COUNCILMAN SCHONDEBARE: I'll move.. to table. it. COUNCILMAN TOWNSEND: Don't we want to vote on and do with--- COUNCILWOMAN COCHRAN: I want to vote on this. SUPERVISOR MURPHY: Okay, let's vote on it. Anyone going to second Jay's request to table? COUNCILMAN SCHONDEBARE: I would move to table it until we get the resolution passed out, because if I- ddn't' like the way that resolution is passed out it may determine how I vote on this one. COUNCILWOMAN COCHRAN: Is that why we're tabling this thing for the fourth time? COUNCILMAN SCHONDEBARE: That's why 11m. tabling it for the fourth time, because we've tabled the other one for the fourth .time. COUNCILWOMAN COCHRAN: Is it guaranteed that this is going to get acted on the . next time around? COUNCILMAN SCHONDEBARE: Councilman Townsend has assured us. COUNCILWOMAN COCHRAN: In writing? COUNCILMAN SCHONDEBARE: No, he never does that, but it's .on the record. SUPERVISOR MURPHY: It's on the record. COUNCILWOMAN COCHRAN: All right, I'll vote for tabling one last time. I'll second the table. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that Resolution No. 4 be and hereby is TABLED. SUPERVISOR MURPHY: Any other questions on tabling? Vote on Tablin ' Re9blutfon No., 4: Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy- This, resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is, to amend a resolution. S. Moved by Councilman Townsend; seconded by Councilman Schondebare, it was RESOLVED that the Town Board. of the.Town of SOuthold hereby amendg their Resolution No. 1 adopted on July 31, 1984, authorizing Building Inspector Edward Hindermann to attend the annual New York State Building Officials,Conference to set the allowance for travel, meals, lodging and mileage at $350.00. COUNCILMAN TOWNSEND: This changes it from $250.00 which we had previously approved. Why is that, Frank? SUPERVISOR MURPHY: That's what was given to the Association of Towns. Any other questions on it? (No response.) 5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice'Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED.. SUPERVISOR MURPHY: These next four. will dazzle the Scouts also. To rescind another resolution. AUGUST 14, 1984 373 6. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of. Southold hereby rescinds their Resolution No. 29 adopted on April. 10, .1984 whereby they declared themselves lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Victdria Helen Moller, as Executor of the Estate of John W. M-3TFer or relief from the Bulk requirements of the Zoning Code with reference to a proposed minor subdivision to be known as "Minor Subdivision of John W. Moller and Dorothy Moller," and shown as Plots 4, 5,' 6 and 7 on Map of Point Pleasant, Mattituck, New York SUPERVISOR MURPHY: The .reason these are being rescinded, they .were made and there is in'the SEQR, the environmental review, that being that the Town Board is going to be the lead agency. The Planning Board is going to be lead agency and we had declared ourselves lead agency and this is being rescinded now and the Planning Board will take. lead agency status. They have the major portion or the major say on the development of this property. The property .is being subdivided, as you heard in'the one public hearing tonight. COUNCILMAN SCHONDEBARE: That applies to the next four resolutions. SUPERVISOR MURPHY: These environmental laws are quite confusing and they are finally getting some sense to them and hopefully we'll have the proper procedure soon. This is standard all over. 6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to rescind another resolution. 7. Moved by Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of SOuthold hereby rescinds their Resolution No. 33 adopted on April 10, 1984, whereby the declared themselves lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Theodore Laoudis for relief from the Bulk requirements of the Zoning Code, pursuant to Local Law No. 11 - 1983, with reference to a proposed major subdivision to be known as "Angel Shore Estates," situate at Bayview, Southold, New York. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Yes. Now, everyone's left. All right, you're still here. Okay. This is the lead agency--on this project under the SEQR, which is all the environmental factors .and everything else is going to be the Planning Board,. so that's .the time to get down there and that's the Department to see and that's the Department to talk to and that's where you've. got to keep your eye on it. The Planning Board. They will hold hearings in the SEQR process, and that's where you should go. (Speaking to Mrs. Esther Wohl who spoke in opposition to the Laoudis relief petition.) SUPERVISOR MURPHY: That's where your wetlands. will-- COUNCILMAN SCHONDEBARE: That's the wetlands. SUPERVISOR MURPHY: That's where your water will'come into effect. What we're doing is just procedures. The one acre or two acre: It was just to see who acted properly. . If'the Town Board feels they acted properly and in' a good sequence, fine, we almost have to grant it, but you still 'have your say in the SEQR process of going down, concerning wetlands, concerning your water, concerning various other environmental factors. This is where you'll have your say. MRS. ESTHER WOHL, Southold: Then. what you are saying is that you just decide if it's one or two acres? SUPERVISOR MURPHY: No, we haven't decided, no. . We haven't decided if it's one or two acres. We're nust putting the lead agency back with the Planning Board. . The Planning Board will be instructed, if they're to proceed as two acres under the present zoning or we're going to grant them the exemption and let them proceed as one acre. MRS. WOHL: Oh, then you are deciding whether to grant them relief? SUPERVISOR MURPHY: We are under no time restraint to grant this. COUNCILMAN SCHONDEBARE: We will determine the one or two acres based on the hearing we had today. SUPERVISOR MURPHY: Then the Planning Board takes over and they assume lead agency and they decide how many lots are going in on that property, how much of 374 AUGUST 14, 1984 that property is. buildable and how much is not buildable. That's when it will be done. COUNCILMAN SCHONDEBARE: -And the environmental factors will be taking place during the'.SEQR process with the Planning Board, they're in charge, and that's what we're doing now. SUPERVISOR MURPHY: We wili'determine if they're to act on one or two acres. Presently they're to act on two acres unless we grant this variance. COUNCILMAN SCHONDEBARE: And as I stc)ted to you, our own Planning Board tells us that the applicant was diligent. MRS. WOHL: If you had as much money involved in that piece of land, wouldn't you be building? SUPERVISOR MURPHY: That doesn't enter into this. MRS. WOHL: I know, I know. SUPERVISOR MURPHY: Don't even, mention that now. MRS. WOHL:, I know. It's not fair, but I could understand he would be diligent.. COUNCILMAN SCHONDEBARE: Time to .get the environmental factors is with the Planning Board right now. SUPERVISOR MURPHY: Okay, let's move along. 7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, . Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to rescind another resolution. 8. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that. the Town Board of the Town of Southold hereby rescind their Resolution No. 40 adopted on April 11, .1984 whereby they declared themselves ead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Anna Fiore, Michael Long, et al for relief from the Bulk require- ments of the Zoning Code, pursuant to Local Law No. 11- 1983, with reference to a proposed major subdivision to be known as "Subdivision of Richmond Creek Farms;' consisting of 49.9 acres and located on the south side of Main Road (Route 25), Peconic, New York. 8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 .is to rescind another one. 9. Moved by Councilman Stoutenburgh, seconded by Co.uncilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 31 adopted on June 19, 1984.whereby they declared themselves ead agency in regard to the State -Environmental. Quality Review Act in the matter of the petition of Harold Reese and Frederick Reese for relief from the Bulk require- . ments of the Zoning Code, .pursuant to Local Law No. 11 - 1983, with reference to a proposed major subdivision to be known as "Harbor Lights, Section V," consisting of approximately 39 acres, and .located on the north side of North Bayvi-ew Road; Southold, New York. 9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to either grant or deny permission under the Wetlands Ordinance to construct a bulkhead. Do you want to act on this now? COUNCILMAN SCHONDEBARE: Who, has the file? Do you have it, Judy? TOWN CLERK TERRY: I had it during_ the Work Session but nobody asked for it so 1, did not bring it tonight. 4,= SUPERVISOR MURPHY: I suggest we table it.' COUNCILMAN SCHONDEBARE: Why don't we just--. . TOWN CLERK TERRY: If there had been any question on it I would have had conditions in the resolution. There were no conditions set by either the Trustees or Conservation Advisory Council. They Moth recommended approval. AUGUST 14, 1984 375 COUNCILMAN SCHONDEBARE: Well 'do you just want to get the file during a recess and we'll- do it later on. SUPERVISOR MURPHY: All right, why don't we hold 10 and we'll ,go on to 11 . COUNCILMAN SCHONDEBARE: We!ll .take a recess later on and then we'll go back to it. SUPERVISOR. MURPHY: Jay, would you like to make 11? 11. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that the Town .Board of the Town of Southold, upon recommendation of the Street Light Committee; hereby authorizes the placement of a street light on LILCO Pole No. 140 at the corner 'of County Route 48 and west side Bayberry Lane, Southold, New York.. COUNCILMAN SCHONDEBARE: - The. joke behind this. is there is only one--person on the Street Light Committee, me. . So that's why everyone was laughing. I spoke to Ray Dean on this and if anyone wants to know where it is; it's off the Town Beach on Route 48 as you're heading into Greenport. It's on the right-hand side. There's that new house that was constructed overlooking the lake and then there's- another development and after that is Bayberry with .about five or six homes back in there and there should. be a light at that intersection at that pole and Ray Dean agreed and I'll make the recommendation. SUPERVISOR MURPHY: Any other questions on it? (No response.) 11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number •12 is to renew-a house trailer permit. 12. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the application of Walter Sawicki ,.and 'Frank Sawicki -for renewal of their single family house trailer permit which expires on September 23, 1984, for trailer located at the north side of Old North Road, Southold, New York, be and hereby is granted for a six (6) month period. SUPERVISOR MURPHY; Any questions? (No response.) 12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, . Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to renew another house trailer permit. 13. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the application of Frank J. McBride for renewal of his single family house trailer permit, which expires on August 9, 1984, for trailer located at the north side of Oregon Road,. Cutchogue, New York, be and hereby is ranted for a six' (6) month. period. SUPERVISOR MURPHY: Any other questions? (No response.) 13.-Vote of the Town Board: . Ayes: . Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is the Seniors Club of Southold-Peconic. 14. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes.The Seniors Club of Southold-Peconic; Inc. to engage one -bus, at a cost of $160. 00 to the Town, to transport their group to the Westbury Music Fair to see Perry Como. o SUPERVISOR MURPHY: Any questions? This is in their budget. 14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED.. SUPERVISOR MURPHY: Number 15 is the Southold Senior Club to engage a bus. 15. Moved by Supervisor Murphy, seconded. by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold* hereby authorizes the Southold Senior Citizens Club, Inc. to engage one (1) bus, at a cost of $250: 00 to transport their group the Island Squire on September 13, 1984. 376 AUGUST 14, 1984 15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is another trailer renewal. 16. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the. application of Florence Steiner for renewal of her single family house trailer permit; which expires on September 12, .1984, for trailer located on a right-of-w.ay off the southeast side of Main Road, Mattituck, New York, be and hereby is granted for a six (6) month period. SUPERVISOR MURPHY: Any questions? (No response.). 16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. apPhERY)lSORy K MURPY- Number 17 is 'to authorize the Supervisor to sign checks, 17. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of'.the Town of Southold hereby authorizes Super- visor Francis J. Murphy, or his Deputy Frank A. Kujawski, Jr. to sign checks, drafts and other orders with Citibank and European American Bank with respect to the Consortium Home Improvement Program. 17.-Vote of the Town Board: Ayes_: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to set, up a Commercial Rehab Demand Account. 18. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it. was RESOLVED that the Town Board 'of the Town of Southold hereby authorizes the establishment of the Town of Southold Commercial' Rehab Demand Account with- Eu�opean American Bank, and authorizes Supervisor Francis J. Murphy or his Puty Frank A. Kujawski, Jr. to sign checks, ,-drafts and other orders with _ respect thereto. 18.-Note of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice' -Edwards, Councilman Townsend, Supervisor Murphy This resolution was declared duly. ADOPTED. SUPERVISOR MURPHY: Number •19 is .*a transfer of funds. 19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfer within the Fishers Island Ferry District .1984 Budget: From: New York STate Retirement—---------------------$, .554.76 Property Tax - New London----------------------$ 238.52 Airport-------------------------------------------$2,000.00 Into: Office Expenses =----------------------------------$2,793.28 19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN TOWNSEND: ... How can we take money out of retirement? SUPERVISOR MURPHY: They budgeted in too much money. Surplus money and they don't need it all. SUPERVISOR MURPHY: . Number .20 is 'to appoint Mary Bourcet. 20. Moved by Supervisor Murphy, seconded by Councilman Schondebare,. it :was RESOLVED that the Town Board of the Town of Southold hereby appoints Mary E. Bourcet as Principal. Account Clerk, from the Suffolk County Department of Civil ervice List;..effective August 1.5,' .1984, at a salary of $17,500. 00 per annum. 20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to appoint a Building Inspector. 21. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Boad of the Town of Southold hereby appoints Walter R. Corwin as a Building Inspector, from the Suffolk County Department of Civil Service List, effective August 15, 1984, at a salary of $18,000. 00 per annum. 21.-Vote of the Town .Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution. was declared duly.ADOPTED. AUGUST 14, 1984 377 SUPERVISOR MURPHY: Number 22 is a resolution to amend the Scenic Easement on Brecknock Hall. 22. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it. was RESOLVED that the Town Board of the Town of Southold hereby approves the Corrective Amended Grant of Scenic Easement between Brecknock Associates, and the Town of Southold,which Amended Grant of Scenic Easement was recorded in the Suffolk County Clerk's .Office in' Liber. 9506 cp 268, wherein the third course following the beginning point .in Parcel 11 was incorrectly described as South 290 32; 27" East 250.54 feet instead of South 390.. 32' 27" East 250.54 feet. (See Amended Grant of Scenic Easement on Page 404 of the Southold Town Board Minutes of Dec- ember 20, 1983. MR. PHIL BARTH: What's that all about? SUPERVISOR MURPHY: It's a minor typographical error that was made in the writing of the metes and bounds of the description of the property. It was a technical point. Nothing to change anything dramatically. COUNCILMAN SCHONDEBARE: The parcel was incorrectly described as South .290 when it should have been South 390 and that's it. Someone put a 2 instead of a 3. TOWN CLERK TERRY: It. happened in the. attorney's office that drew up the Amended Grant and they picked it up by the Title Company. SUPERVISOR MURPHY: Any other questions on it? (No response.) 22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, .Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is another transfer of funds. 23. Moved by Councilman Townsend,. seconded by Councilwoman Cochran, it was RESOLVED that the Town BOard of the Town of Southold hereby authorizes the . following transfers within the General Fund Whole Town 1984 Budget: From: Contingent-P. A 1990. 4------------------------------$2, 150.00 Historian, Contractual, A7510. 4--7777----7-77--77----215.00 $2,365.00 Into: Town Clerk,. COntractual, .Al410.4----=---------7-$1,000. 00 Traffic Control, Contractual, A3310.4--------------1,000. 00 Drainage, Contractual, A8540.4----------------------150. 00 Historian, Equipment, A7510.2-----------------------215.00 $2,365. 00 23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, .Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN SCHONDEBARE: Excuse me. Just for the record, I see people are starting to look at their agendas and you've run out- on yours. This was drawn up on Friday and then when we meet today we usually add on different resolutions that we also want to cover and you don't have it on your agenda so you're not missing any pages. There are 31 and we're:on number 24 now. Please bear with us. SUPERVISOR MURPHY: Number 24. 24. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold.-hereby accepts, with regret, the resignation of Eileen 'M. 'Carey, Clerk-Typist in the Office of the Building. Department, effective August. 31, 1.984, and extends their best wishes to Miss Carey in her future endeavors. 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number -25 is--to authorize a maintenance agreement. 25. Moved by Councilman Schondebare, 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 a Maintenance Agreement between Mayday Communicastions and the Town for communications equipment at the Southold Town Police Headquarters, for the period September 1, 1984 through August 31, 1985, at a cost of $1,286-. 00 per year ($107. 17 per month) . SUPERVISOR MURPHY: Any questions? (No response.) 378 AUGUST 14, 1984 25.-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman Cochran. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is grant permission to use a beach. 26. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Wind Innovations, Greenport, New York, to use the Southold Town Beach, Route 48, Southold, and the restroom facilities located there, for the purpose of holding the Long Island Funboard Championship, a boardsailing event, on October 6, 7, 8, 1984, provided they secure the necessary insurance to hold the Town of Southold harmless, and further provided that there shall be no camping allowed overnight on the beach. SUPERVISOR MURPHY: Any questions? (No response.) 26.-Vote of the Town Board: Ayes: Councilwoman Cochran, .Councilman. Schondebare, ounce man Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to 'authorize the Supervisor,. the Town Attorney and our. local Assemblyman to travel to. Nantucket, Massachusetts. 27. Moved by Supervisor Murphy, seconded by Councilwoman.-CQchr_an, _R was. RESOLVED .that the .Town .Board. of the Town of Southold hereby'authorizes Super- Visor. .Francis J. Murphy, Town Attorney Robert W. Tasker and New York State Assemblyman Joseph Sawicki,. Jr. to travel to Nantucket, Massachusetts for one ay to research Nantucket's .program of a special two percent tax on real estate sales for the establishment of a landbank to purchase development rights of wet- lands, park lands, etc. , and the necessary expenses for travel and meals shall be a legal charge against the Town of Southold. COUNCILMAN SCHONDEBARE: I don't remember being asked. Were. you asked Paul? COUNCILMAN STOUTENBURGH: No. COUNCILMAN SCHONDEBARE: I wasn't asked if I wanted to go. SUPERVISOR MURPHY: The plane only holds three. COUNCILWOMAN COCHRAN: I wasn't either. COUNCILMAN SCHONDEBARE: Judge Edwards, were you asked"if. you'd Hike to go? JUSTICE EDWARDS: No. This was a conversation over lunch time. I didn't know-- SUPERVISOR MURPHY: We can't afford this, it only--- COUNCILMAN SCHONDEBARE: When do you plan on going? It's not even down here. SUPERVISOR MURPHY: Some time during the summer season. COUNCILMAN SCHONDEBARE: Labor Day weeked? COUNCILWOMAN COCHRAN: When the weather gets better and the fog lifts. SUPERVISOR MURPHY: Seriously, this is to go up and study the results.- They have a two percent sales tax added to property sales that we would like to establish a landbank in Southold Town. We've tried to write up the law and tried -to get it through the State Legislature this year and East Hampton, Southampton, Southold are doing this. This will be probably a sliding tax on sales of real estate that will be put into a landbank to purchase additional property like our farmland. This would be able to be used to purchase maybe wetlands, woodlands, watershed area, this type of stuff, and we're going to research and see how effective it is and the legal ramifications of it and our Assemblyman will help us push this through the Assembly. Yes, mam? NORMA MILLER: I'm here on my own behalf, but I did, with the Chamber of Commerce, attend a meeting at which there were many many many people who seemed to feel that the two percent tax was not exactly fair. My feeling was that it was being tabled for further discussion. Mr. Nickles, among--was one person who spoke elloquently about the Nantucket program which has just begun and he said he felt that they hadn't had sufficient time for this Nantucket program to be in effect so that you could really study it. Is it 'customary to--everyone's : joking about it--to just pass a resolution that you go on a trip? AUGUST 14, 1984 379 COUNCILMAN STOUTENBURGH: There's .no resolution passed here. MRS. MILLER: You're saying that--( ,don't have it so I can't tell what it says, but that you are now voting to go during the summer season? SUPERVISOR MURPHY: Authorize a trip to go and study the law and the effects of it and what people think about it before-- . MRS. MILLER: Well, shouldn't someone decide besides just yourselves? I mean, since my feeling at that meeting that the program hasn't been in effect long enough in Nantucket. SUPERVISOR MURPHY: Anybody can go, -anybody can do any research on it before this becomes a local law, we have promised there will be public hearings on it and quite possibly we hope a referendum on it. MRS. MILLER: But you will go 'on the trip irregardless of the fact that there's not enough time to study it really? That it hasn't been enough time--- SUPERVISOR MURPHY: We would like to study and find out what the law is. MRS. MILLER: I'm just surprised because my feeling was that you were going to give Nantucket more time to have---. , SUPERVISOR MURPHY: Who gave you. that idea? MRS. MILLER: 1''l .have to tape record the meetings. SUPERVISOR MURPHY: When the Town Board did discuss this and looking into the point of sending a Home Rule Message up to the Assembly, at that point of time we discussed on going up there this summer to .look into the law and see the ramifications of it and see if it is in fact.legal.in' New York Slate. We don't even know this yet. So we're a long ways away .from adopting this. MRS. MILLER: Oh, no, I'm not saying you're adopting the law. I'm saying that I really thought it had been decided to wait-- SUPERVISOR MURPHY: If we don't have the knowledge--' . don't know who said we were. going ,to decide to wait.' 1 don't know where that came from. We had decided this--- MRS. MILLER: That was. my feeling after that meeting, and I have not heard--- SUPERVISOR MURPHY: I. don't .know what meeting you're talking about. MRS. MILLER: The meeting to discuss the two percent tax. . COUNCILMAN SCHONDEBARE: I think as I remember it we.were kidding at that time that someone was going to go to. Nantucket. We .were kidding in'the sense that we know somebody was going to go to Nantucket.. MRS. MILLER: Well, in* fact everyone was going at that meeting. COUNCILMAN SCHONDEBARE: Yes, as I remember it. MRS. MILLER: LaValle was going, Sawicki was going--you know, there was quite a large plane going at that point. .Anyway, that's all I really had to say. SUPERVISOR MURPHY: Thank yoil. Are there any other questions on it? (No response).---Joe? COUNCILMAN TOWNSEND: Just to say that the Supervisor exercises his fiscal judiciousness in' reducing the number of people that go, th,at'A ..all. . SUPERVISOR MURPHY: It's. really silly for twelve people to go off and ask the same questions. COUNCILMAN TOWNSEND: I agree with you. One other question. Is this something that's going to be--is 'the STate--are we paying for Joe Sawicki's transportation on this? SUPERVISOR MURPHY: I think we should. We have the plane, we'd have the seat. It would be a three passenger plane. COUNCILMAN TOWNSEND: So we can assess the State-- SUPERVISOR MURPHY: He's .the one that we have to--we need his assistance to have this passed or knocked out if we don't want it. He's the man that does it. We don't do it;. Any other questions on it? (No response.) 380 AUGUST 14, 1984 27.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is concerning the Captain Kidd Water District. 28. Moved by Councilman Schondebare, seconded by Councilman Townsend, WHEREAS, this Board heretofore appropriated •the sum of $7,500. 00 to prepare a plan and report relative to the possible creation of a water district in the area presently served by the Captain Kidd Water Company, and WHEREAS, the Board retained the services of Holzmacher, McLendon S Murrell, P.C. for the purpose of preparing such plan and report, and WHEREAS, such report has .been completed and filed with the Town Clerk and there- after informal hearings were held by the Board with respect to said plan and report,. 1 WHEREAS, a substantial majority of all of the property owners in the area of the proposed water district have advised this Board that they are not interested ,in the Town Board proceeding with a water district pursuant to Article 12-A of the Town Law, NOW, THEREFORE, BE IT RESOLVED 1. That this Board determines that since a substantial majority of the property owners in the proposed water district' is opposed to this Board proceeding with the establishment of the proposed Captain Kidd Water District pursuant to ARticle 12-A of the Town Board, this Board does hereby determine that it will not proceed further with the establishment of the proposed Captain Kidd Water District pursuant to the provisions of Article 12-A of the Town Law. 2. That this Board further determines that if a majority of the property owners in 'the area of the proposed Captain Kidd Water District propose in the future to establish a water district in said area that such property owners on their own motion shall proceed with the establishment of such water district by petition of more than fifty percent of the taxpayers and residents of said district pursuant to the provisions of ARticle 12 of the Town Law. SUPERVISOR MURPHY: Any questions? ' .(No response.) 28.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is lead agency. 29. Moved by Councilwoman Cochran, 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 Irwin and Tamara Wieder for •a Change of Zone from "A" Residential and Agricultural to "M' Multiple Residence District on certain property located on the northerly side of County Route 48,' east of McCann Lane, Greenport, New York. COUNCILMAN SCHONDEBARE: Question. Now, what .they seek to do is establish a small guest house for bed and breakfast. This is a bed and breakfast type of operation within the same structure, is it not? The -application desires to establish a bed and breakfast establishment at the .above premises within the existing building located thereon-.- COUNCILMAN TOWNSEND: What is a use of the "M" Zone I image. TOWN CLERK TERRY: They're requesting a change of zone to "M". COUNCILMAN SCHONDEBARE: It just seems there's another problem with the SEQR process. It's absolutely crazy to require someone to go through an environmental o thing under SEQR for bed and breakfast. _ COUNCILMAN TOWNSEND: It's a change of zone. COUNCILMAN SCHONDEBARE: I know it's a change of zone. What I'm saying is if it turns out to be a bed and breakfast it's .going to be a bit silly hearing about the water and the animals putzing across the lawn. COUNCILMAN TOWNSEND: But they can sell that property and the next person can put a-- . COUNCILMAN SCHONDEBARE: I know that, 'I'm not talking about that. I'm talking about bed and breakfast. There's something silly about this is what I'm saying. COUNCILMAN TOWNSEND: If they can do that then we have to evaluate the result of having a motel or. having a condominium. COUNCILMAN SCHONDEBARE: Why don't we go by special exception? Can't we just- AUGUST 14, 1984 381 TOWN CLERK TERRY: An attorney filed on their behalf. COUNCILMAN SCHONDEBARE: Why don't they go by special exception? We got to go through a whole SEQR process for a bed and board? COUNCILMAN TOWNSEND: This is a request. COUNCILMAN SCHONDEBARE: Well do we have to entertain it? TOWN CLERK TERRY: They paid two hundred dollars and filed a petition with the Town Board. SUPERVISOR MURPHY: They're the ones that want to go through the process. COUNCILMAN SCHONDEBARE: Absolutely silly. COUNCILMAN TOWNSEND: There's a motion before the floor. COUNCILMAN SCHONDEBARE: I agree. I mean to change an "A" to a "M" is definitely a SEQR process, but it seems silly. I think Paul's right, that they should go for a variance or something or some darn thing, special exception. SUPERVISOR MURPHY: Okay. Any other questions? .(No response.) 29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN SCHONDEBARE: The basic problem is that they're going from an "A" to a "M" and they can do anything in an "M" regardless of what they tell us. COUNCILMAN STOUTENBURGH: I realize that. COUNCILMAN SCHONDEBARE: It's just seems silly what they're doing.. The. way their proceeding in this application is silly. That's for the record. SUPERVISOR MURPHY: Number 30 is to transmit this petition to the Planning-Board. 30. Moved by Councilman -Townsend., seconded by Councilwoman Cochran, . ' WHEREAS, a petition was received. from Irwin'and Tamara Wieder for a Change of Zone-oh-:'certain property,. located on the northerly side of County Route 48, east of McCann Lane, Greenport,.. New. York,:.from "A" Residential and Agricultural District to "M" Light Multiple Resfdence 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 in accordance with Article-XV,. Section. :100-1.50(b) .of ..the Code of the Town of Southold, and the Suffolk.-County Department of Planning,. in'accordance with the Suffolk County Charter, requesting. their recommendations relative'. to said petition. SUPERVISOR MURPHY: : Any other 'questions on it? ' (No response.) 30.-Vote of the Town Board: Ayes: - Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared. duly ADOPTED. SUPERVISOR MURPHY: Number 31 is 'to .transmit a proposed Local Law to the Southold Town Planning Board. 31. Moved by Supervisor Murphy, seconded by Councilman Schondebare, 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 building set-back require- ments on lots adjacent to Tidal Waters," now, therefore, be it RESOLVED.that the Town Clerk be and-she hereby is authorized and directed- to transmit this proposed Local Law to the Southold Town Planning Board and Suffolk ounty Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: BE. IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets]) . Chapter 100 '(Zoning) o the-Code a Code of the Town of Southold is hereby amended as follows: I. Article XI thereof (General Requirements) is amended by adding a' new section thereto, to section 100-119.9, to read as follows: Section 100-119.2 Building Set-Back from Tidal Waters. Notwithstanding any other provisions of this chapter, the following set-back requirements shall apply to all buildin s located on lots adjacent to Tidal Waters: AUGUST 14, 1984 382 A. All buildings located on lots adjacent to Long Island Sound shall be set- back not less than 100 feet from the top of the bluff or bank bordering on. Long. 1 stand Sound. .. B. All buildings located on lots adjacent to any Bay, Creek or other Tidal Waters shall e set- ac not ess than 50 teet from the or unary high water mark of any such Bay, Creek or other Tidal Waters. II . This Local Law shall take effect upon its filing with the Secretary of STate. 31.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Number 32 1 would like to add. We don't .have it here. Is to authorize the Town Clerk to advertise for bids on computers. 32. 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 advertise for bids for the purchase of microcomputer hardware/software items for the Southold Town Police Department and Southold. Town Highway Department, as soon as the property specifications are secured. SUPERVISOR MURPHY: I don't want to wait. COUNCILMAN SCHONDEBARE: We agreed that we were going to wait. SUPERVISOR MURPHY: You were out when I talked to--- COUNCILMAN SCHONDEBARE: I told all those scouts out there that we already agree on these things. SUPERVISOR MURPHY: This is just advertising for bids. You don't have to accept the bids. COUNCILMAN TOWNSEND: Where was I when you revised that? I thought we wanted to get prepared before we did'it. SUPERVISOR MURPHY: What's that? COUNCILMAN TOWNSEND: I thought we wanted to .have the wording down so we didn't--so she wasn't left -holding the bag. SUPERVISOR MURPHY: Exactly. We could do that. Why can't she advertise: Why do you have to wait two more. weeks to do that for wording and then wait two weeks to have the resolution and advertise for bids? The Police Department needs a computer. COUNCILMAN STOUTENBURGH: The wording doesn't go into the ad. You hand it ' to them when they come in to pick 'up. TOWN CLERK TERRY: I would have to,have some description. 1, can't just advertise for computers period. COUNCILMAN STOUTENBURGH: The technical part. is 'a hand-out. SUPERVISOR MURPHY-. That will 'be written up. COUNCILMAN SCHONDEBARE: So what's the resolution now? SUPERVISOR MURPHY: To authorize the Town Clerk to advertise four bids for a computer system for the Police Department and Highway Department as soon as the technical specifications are drawn up. Ahy more- on the question? COUNCILMAN TOWNSEND: Yes. We were. also going to look into the County and State bids. SUPERVISOR MURPHY: We are looking into that. Danny doubts very much if there will .be anything suitable on the County bid. He already looked into it and reported back to me. COUNCILMAN TOWNSEND: Today? COUNCILMAN SCHONDEBARE: Yes, I spoke to him tonight, I saw him. He told me he had already called. SUPERVISOR MURPHY: Okay, any other questions? No response.) 32.-Vote of the Town Board: Ayes: Councilwoman Cochran, COuncilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman- Si-1hondebare. This resolution was declared duly ADOPTED. AUGUST 14, 1984 38 3 SUPERVISOR MURPHY: T.hat's 'the end:'-of our -prepared and amended and amended agenda. COUNCILMAN SCHONDEBARE: Wait a minute, Frank. We put this aside--Resolution No. 10, do-we have that file? TOWN CLERK TERRY: 1 passed down the minutes. Do you want to see the file? COUNCILMAN SCHO,NDEBARE: Oh, yes, that was the minutes. Well, we didn't do this then. SUPERVISOR MURPHY: Want to add this one? COUNCILMAN SCHONDEBARE: Does everyone agree to it? TOWN CLERK TERRY: It was on, you just laid it aside. SUPERVISOR' MURPHY: Sure. COUNCILMAN SCHONDEBARE: The Trustees said it was okay. SUPERVISOR MUPRHY: Yes, the Trustees did approve it: 10. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, WHEREAS, Anthony. Tamburrino. applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 11, 1984, and WHEREAS, said application was- referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said applica- tion on the 31st day of July, 1984, at which time. all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Anthony Tamburrino be granted permission under the provision of the Wetland Ordinance of the Town.of Southold to construct a bulkhead (retaining wall) and backfill at his property on Hog Neck Bay, at 85 Watersedge Way, Southold, New York. This permit shall expire on August 14, 1985 if work has not commenced by said date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. SUPERVISOR MURPHY: Any question' s -on it? (No response.) 10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I- believe that is it now. . Now, . is there a Councilman who would like to make any other comments at this. time? Jay? COUNCILMAN SCHONDEBARE: .Thank you. I'd like '.to thank the Scouts. ' I think everyone sat through the whole thing so I. was -very ,impressed. You didn't move, you didn't get up it looked like you. were. all keeping watch and .you were all there and you're still ' here. Let me just say one thing to you. This Town .Board has .probably has the most effect on the individuals within this Town. . .I would say more . so than the STate government and.more so than the .Federal.government, because we really have a direct effect on day to:day activites within this Town and this is the place that people really should be. involved in.and take an interest in and I'm sorry , to say as you look around you most of the people you see in front of you are from the newspapers and not that many people come out•-Ao-the .Town Board meetings. Very very few. And yet this is the one where. the day to day operations of individual lives are affected, more. •so' ,than=-.the Federal government and it's a shame that not more people come out. Thank you and I hope you, if not enjoyed;it; learned something. SUPERVISOR MURPHY: Joseph? COUNCILMAN TOWNSEND: 1-just disagree on April 15 1 think the Federal government has a little more effect. . SUPERVISOR MURPHY: They reach a little deeper. Paul? COUNCILMAN STOUTENBURGH: Nothing. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: I'dJust like. to say whether you were bored or you learned something,. Jay, 'guaranteed there's .a Senator and a congressman, out there somewhere. 384 AUGUST 14, 1984 SUPERVISOR MURPHY: Judge Edwards? JUSTICE EDWARDS: . Nothing, thank you, Frank. SUPERVISOR MURPHY: Okay. AT this time I would like to extend my thanks to a young man who has been a reporter here fora short period of time. He's going back to college. He slept a lot at the Town Board meetings which I can't under- stand, and he is writing the newspaper--the editor of the newspaper at Stony Brook University. He's been working for The Suffolk Life in Westhampton and covering the towns of Riverhead and Southampton. I think he did a very nice job and would like to-thank Barry. (Wenig) . COUNCILWOMAN COCHRAN: Thank you, Barry. COUNCILMAN SCHONDEBARE: . Thank you, Barry. SUPERVISOR MURPHY: AT this time is there anyone in the public would like to make any. comments? Any of you Scouts .like to make. a comment? (No _response.) SCOUT LEADER: They won't because I told them they couldn't say anything. SUPERVISOR MURPHY: Want to give them a disposition? SCOUT LEADER: Do we have to vote on that? COUNCILMAN SCHONDEBARE: Pass a resolution. SCOUT LEADER: Any of you guys want to say anything you go right ahead. They didn't. Thank you.. SUPERVISOR MURPHY: Thank you. Okay, anyone else here in- the audience? (No responwe:) If not I would like to thank you for your attendance tonight and would ask for a resolution to adjourn. Moved by Councilwoman Cochran; seconded by Justice Edwards, it was RESOLVED, that this Town Board meeting be adjourned at. 9:28 P.M. Vote of the. Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy, This resolution was declared duly ADOPTED. 'Judith T. Ter r " Y Southold Town Clerk