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HomeMy WebLinkAboutTB-12/04/1984 28 SOUTHOLD TOWN BOARD DECEMBER 4, 1984 WORK SESSION 8:30 A.M. - Present: Councilman Joseph L. Townsend, Jr. , Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilwoman Jean W. Cochran. These members of the Board audited outstanding. vouchers. EXECUTIVE SESSION 9: 30 A.M. - Supervisor Murphy and Councilman Schondebare joined the other Board members and the appointment to fill'the Pl.anning Board vacancy was held. (See Resolution No. 1.) WORK SESSION 10:00 A.M. = James Bitses, Esq., representing Seacom, introduced Robert G. Taylor, Partner and Manager of the Boston Regional Office of R. W. Beck and Associates, Analytical and Consulting Engineers, and Alice Hussey, President of Seacom. . There were approximately '100 interested residents in attendance to: hear Mr. Beck's presenta- tion. Mr. Taylor presented and explained the proposal of R. W. Beck and Associates to Provide Consulting Engineering Services - Engineering Overview Study - Establish ing a Municipal' Electric Utility in the Town of Southold. The cost of such a study would be $15,000.00; and would identify. nine items: field reconnaissance of the Tow to determine general electric -distribution circuit 'configuration and define the points where the Town would be separated from the remaining LILCO system; prepare a preliminary plan for separating the Town and LILCO, and determine the facilities required including metering and estimate cost of construction required to physically establish the Town's electric system; , estimate the range of values which would be expected to be associated with the purchase of the electric distribution properties within:the Town; provide a discussion of possible management structure of an electric utility district as an independent department of the Town; perform a review of publicly available data obtained from FERC and NYPP and publicly owned utilities within the State to develop estimates of the necessary power requirements, power costs and costs associated with the operation of the electric'system and municipal operation and continued LILCO operation; prepare a summary showing estimated dollar amounts under various sensitivity cases of payment levels to LILCO for their ' properties to establish a utility operation in the Town with the corresponding levels od debt service; provide an estimate of the total annual revenue requirements estimated as necessary to pay all operating and maintenance costs, including purchase of power, and to make the annual debt !service payments if 'the Town were to operate an electric utility in' the Town on a financially independent basis, develop a pro forma comparison of the cost of power in the Town under proposed municipal operation and continued LILCO operation; based on discussion with the Village of Greenport's Municipal Electric Utility, provide information on the potential expansion of that Utility to serve the entire Town or integrated operation with a municipal electric utility established to serve the rest of the Town, as an alternative to establishing a completely separate Town electric 'system. Provide a written report documenting their findings and conclusions. Considerable discussion was held concerning the comparison of the establishment of a municipal system for Massena, New York and how the steps they took would .relate to the Town of Southold. Superintendent of Utilities for the Village of Greenport.James 1 . Monsell addressed the Board advising them they won't find a cooperative atmosphere from the Power Authority. He offered the cooperation of the Village, as well as the N.Y.S. Municipal Utilities Association in advancing this proposed project. Councilman Townsend expressed his concern for authorizing the proposed $15,000 study, stating he would first like to see an analysis of the sources of power before proceeding with a full study. Mr. Taylor estimated the cost of such an analysis would be $6,000. Councilman Stoutenburgh suggested the inclusion of Shelter Island in the study and Mr. Taylor said he felt it would be advantageous to include them. Alice Hussey, President of Seacom, thanked the Town Board for the time provided for the presentation. DECEMBER 4, 1984 29 11:25 N.M. Town Trustee John Bredemeyer, accompanied by Paul Flagg, made a detailed presentation to the Board relative to possible solutions toward reopening Arshamomaque Pond which was closed by the DEC in September due to high coliform counts. Trustee Bredemeyer reviewed the areas of high bacterial count, possible causes, and methods of treatment, including closing the culvert near Grove Road. Mr. . Bredemeyer strongly suggested that the Board urge the DEC to test for false/ positives, which could result in considerably lower. counts, which request will be made by the Supervisor.. Mr. Flagg, who has presented a proposal for his services in analyzing the Arshamomaque Pond problem, briefly addressed the subject. EXECUTIVE SESSION 12: 10 P.M. - CSEA negotiators John Raynor, President, Paul Grattan, Betty Wells, Douglas Clark, Alex Stepnoski, David Zuhoski, 'James Fogarty, and theirrepresentative George Peak, met with the Board, stating they were ready to negotiate the 1985-86 contract. Town Attorney Tasker immediately advised the Town Board that it would it would not .be proper for the entire Board to-negotiate and a Town Board negotiating team should be appointed. Supervisor Murphy stated the reason for the meeting was a misunderstanding and the Board would immediately appoint their 'representatives and a new meeting date will be scheduled. The CSEA representatives left, at which time Councilwoman Cochran and Councilman Stoutenburgh were appointed as the Town Board's representatives and they will immediately contact the President concerning negotiations. 12:40 P.M. - Recess for lunch. 2:30 P.M. - Mr. Harold Reese, former Planning Board Chairman Henry E. Raynor, Jr. , and Land Surveyor Roderick Van Tuyl appeared -before the Board to present further testimony concerning the background, leading up to the petition of Mr. Reese for relief from the Bulk requirements of the Zoning Code following the adoption of two acre zoning, with! respect to Harbor Lights, Section. V, which petition was denied by the Town Board. Mr. Reese submitted various maps, one of which he submitted 12 copies to the Planning Board on March 22, :1982. showing the elimination of certain roads as suggested by Mr. Rayor in' November of 1981. He also submitted correspondence from the Suffolk County Department of Health with reference to Harbor Lights Estates. Mr. Reese said the 12 maps he fled with the Planning Board in' 1982. were .unable to be located until .recently, when the new Secretary Diane Schultze, located their misfiled in the Harbor Lights, Section IV file. Miss Schultze appeared before the Board to verify this. With reference to a statement by Mr. Reese that the,,.then Planning Board Chairman Raynor had told him not proceed with the processing of Section V because of the pressure of the Planning Board work load, Mr. Raynor said' he would never advise an applicant not to file with the Board. Over the objections of Councilman Townend, the Board assured Mr. Reese they would rehear his petition. A date was not set for the rehearing. 3: 10 P.M. - The Board discussed off-agenda and agenda items. 3:30 P.M. - Public Hearing on the application for a Wetland Permit 'by The Land Use Company on behalf of Leon Marcus. 3:40 P.M. - Work Session reconvened and the Board further reviewed the agenda. EXECUTIVE SESSION 4:05 P.M. - Town Attorney Tasker reviewed several questions posed by Special Attorney Yakaboski who isrepresenting the Town in the Silverman/Cartnick litigation. 4:30 P.M. - Work Session adjourned. 30 DECEMBER 4, 1984 REGULAR MEETING 7: 30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, December 4, •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 the Flag. 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: I'd like a motion to approve the,audit 'of the bills of December 4th. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby are approved for payment: General Fund Whole Town bills in .the amount of $30,022.69; General Fund Part Town bills in'the amount of $12,301.06; Highway Department bills in the amoutn of $12,063.71; Fishers Island Ferry District bills in the amount of $7, 457. 13; Medicare Reimbursement Part Town bills in the amount of $1,782.00; Medicare Reimbursement Whole Town bills in the amount of $4,664.00; Federal Revenue Sharing bills in the amount of. $1,260.00. 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: 1!d like now a motion to approve the minutes of the Regular Town Board Meeting of November .20th and a Special' Meeting of November 27th, 1984. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the minutes of the Regular Town Board Meeting held on November 20, 1984. and the minutes of the Special- Town Board Meeting held on November 27, 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: At this time we'd like another resolution to set the next meeting date for December 18th, .1984 at 3:00 P.M., Southold Town Hall.. Moved by. Justice Edwards, seconded by Councilman Schondebare, it was RESOLVED that the next:Regular Meeting of the Southold Town Board will be held on Tuesday, December 18, '1984 at 3:00..P.M. 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. 1. REPORTS. SUPERVISOR MURPHY: We'll now move on to the first item on your agenda, Reports 1. Town Justice Edwards - October 1984. 2. Scavenger Wastewater Treatment Plant - November 1984. 3. FAA Airport Study Report - November 1984.. 4. HUD Community Development Fund, Year VII November 1984. 5. Building Department monthly report - November 1984. 6. Home Aide Program report - November '1984. 7. Town Trustees monthly report - November 1984 - Trustee Smith. 8., Supervisors monthly budget report -. November 1984. 9. Fishers Island Ferry District monthly report - November 1984. 10. Highway Fund monthly report - November •1984. 11. Town Justice Price monthly report - November 1984. 12. Councilmen's reports and I'd like to start on my left and ask Judge Edwards from Fishers Island. DECEMBER 4, 1984 31 JUSTICE EDWARDS: All quiet in the`east `=thank you. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Yes, I'd like to report. The Southold Town Water Advisory Committee met with Town Board members on November 27th for the purpose of discussing a proposal as presented by ERM Northeast. ERM, for those of you who are not familiar, stands for Environmental Resources Management, and this meeting was in relation to a Town-wide Home Water Filter Treatment Program. The service of ERM Northeast would be to provide to the Town with all of the technical, financial and institutional information necessary to establish this management program. If jointly funded with the Town of Riverhead the cost to the two Towns combined would be $19,000. If Riverhead choses not to go into this with us and Southold went ahead and did it on their 'own the cost would be $12,600. The concept of a Water Filter Management Program is very unique and part of the committee's discussion centered around possible outside-funding sources and I would just like to share with you--I have just recently received a brief report from the OTA, which is the Office of Technological Assessment, located in Washington, and they're an analytical arm of .Congress that gathers information and presents it to Congress so they can begin to act in'different areas. But I would just like to share with you three short paragraphs. "Despite increased Federal and State efforts in recent years, our ability to protect groundwater against contamination is limited. For example, there is 'no explicit National legislation mandate to protect groundwater quality. In addition, laws and programs vary in the ways they address groundwater. Responsible institutions are not coordinated and programs to protect groundwater and surface water are not integrated. At present no Federal programs. earmarks funds for ground- water. As a result all water quality programs are competing for State grants, some of which have been recently reduced or eliminated, and because groundwater protection activities are expensive, funds are needed by the States for both program development and implementation. Adequate and sustained Federal support to the State is also required to protect groundwater quality involve a balancing among activities to protect, correct and prevent contamination. This support must be flexible enough to respond both to the site-specific 'nature of contamination problems and to variations among the State's priorities and. capabilities. Federal support could include funding technical assistance, research and development." .And the Committee has been discussing the possibility of looking for outside funding sources and I feel with thiscoming down from the OTA that we might be in`the right place at the right time, so I think it's important that we proceed with this 'as far as being able to supply our Town residents with alternatives to water supply. I've sent for the full copy of the report, which I feel might be beneficial to the Water Advisory Committee. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Jean. Paul? COUNCILMAN STOUTENBURGH: No, I was at that meeting also and I think Jean has taken care of it.' SUPERVISOR MURPHY: Joseph? COUNCILMAN TOWNSEND: I attended a meeting of the Farmland Preservation Committee wherein' they met a Rose Harvey who is the local head-of Trust for Public lands, which is a group of people that figure out various strategies to purchase land or obtain'open space. Basically they act as the middle-man. They have several million dollars which they use to buy and then resell with conditions - open space. In doing so .they generally preserve a percentage of that land that they buy. . The reason the Farmland Preservation Committee met with her is 'to see if we could increase the buying power of the money we bonded for the purpose of buying farmland. It was quite interesting to hear what they have done and how they work with private developers who have been bombed out by the environmentalists and how they, come in and take up the slack and achieve some of the same goals that the environmentalists and land preservationists wanted. . They work through such bodies as--well, locally it would be the Peconic Land Trust, which is an active group looking to preserve some land out here in' the Peconic Bay area. Farmland Preservation Committee has been presented with at least one offer of the donation of development rights, in addition to the sale of other development rights and if that becomes a precedent it might enable us to purchase some more development rights and increase the amount of land held for farming. That's all I have. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: Thank you, Frank. . The Code Committee met on November 26, •1984 and had two assignments originally - that was the two-family conversions and likewise the farm stands. It, has. completed both of those. The farm stands, the new ones come into existence will be controlled by a special exception .use to our Zoning Code, will have to go through the ZBA in order to get approval. . The farm stands presently in existence will be controlled under the old code and we will amend the law to delete the offensive language that our local Justice Court declared was unconstitutional as being too vague. So the 32 DECEMBER 4, 1984 present farm stands will operate under. the existing Code and the future farm stands that come into existence will' have to operate under a special exception to the ZBA if they want it, so they can lay down the guidelines so we don't have the traffic problems that we have. . The Code Committee also decided that two- family, conversions, which everyone said was a big' issue in Town, actually is being referred to the Housing Committee despite very good publicity on our questionnaire that we sent out to everyone asking them if they'd be interested in converting their houses and it was picked up by the local paper and was sent out. We received maybe half a dozen responses-and that's it.' The brokers that we wrote letters to, they all responded, for which I thank them, with their thoughts, but as far as the community as a whole, 1 got a half a dozen, responses and that was all. So the Code Committee is not going to take any action on the two-family conversions. The Housing Committee, which is going to come into existence soon, can take up the matter if they wish. . The Code Committee has finished those two assignments and will now start on two others. That is- the vineyards, wineries and the horses. There seems to be a problem with the horse farms and having horses on your property. We've scheduled a meeting for tomorrow night. with the vineyards ast 7:30 in the Town. Hall, and I think on December 11th at 7: 30 we set up a Code Committee meeting with people interested in•horses and other live stock on their property. And that's _what the Code Committee is doing. Thank you, Frank. SUPERVISOR MURPHY: . Thank you, Jay. As you could see the Town Board really has been quite active. We had a very interesting Work Session this morning and before I comment further on that, on these reports, any of these reports are always on record in the Town Clerk's Office. Anyone who would like to look at them, you are welcome at any time to look back at previous reports or whatever. One I'd like to comment on and just to give the people in the audience an idea of how we are growing, is the Building Inspector's report. We issued 24 new Building Permits and various - 31 for alterations, one for .new business and :19 for miscellaneous farm permits, for a total estimated value for the month of November of $2,481:,000 in' new construction and to date $18,824,000. The East End has really been found. . This 'is one report that could really show you how the activity is going on in the Town and demands--additional demands that are being placed on the Town Board and your Town governments. 1 have one announcement concerning also what we were talking about this 'morning with Seacom, is 'that . Governor .Cuomo has asked .that all interested East End persons write to one .of the following regarding Shoreman. Right now it's down--I would say down to the wire. If the people are going to be heard it's going to be right now and this is almost your last chance to have your feelings be heard because it appears that something is going to be happening fairly soon in Shoreham, and the Governor has asked that if anyone is 'interested and would like to support the State and County stand, to contact Frank Murray, he's the specialist on energy, Executive Chamber, State Capitol in Albany, or Betty Pohanka, the regional representative of the Department of State and she's over in Hauppauge. • You could call this office for a phone number of either department and we could take care of it 'and give you the information. This morning we had a very interesting. presentation by a consultant or a representative of an engineering firm on the possibilities of having our own electrical district on the East End here, and this is something 1 think everybody, in particular the Town Board, is 'very concerned with, rising cost of electricity. We are looking into it. We are--I think it was very informative this,.morning and the Town Board will proceed and I think, just as a word, we have to. be very cautious. We cannot jump into this thing. It could be extremely expensive for us.and we possibily could never get anything out of it; so we have to be very careful and be quite sure of the way we're going or otherwise we might be putting another unfair •burden on our taxpayers. 11. PUBLIC NOTICES. SUPERVISOR MURPHY: I'd like to move on to' the second item on your agenda, which is 'Public Notices and Paul, would -you like to start reading them. I've had a bad cold and I know I'm going to run out of steam before the night's over. COUNCILMAN STOUTENBURGH: 1. Notce if Public Hearing to be held by the Village of Greenport Board of Trustees on Thursday, December- 13, •1984 at 7:00 P.M. at the Third Street Firehouse, Greenport, on the application of Stephen Shilowitz for proposed bulkheading and dredging related to the "Pipes Cove" water- front condominium project. 2. New. York State Department of Environmental Conservation Notice of Complete Application by Lynn San Andres to subdivide parcel into four lots. Grand Avenue, Long Creek, Mattituck. Written comments by December 14, 1984. 3. U. S. Army Corps of Engineers Notice of Application by Eric Ridder, GOFA _ Joint Venture to install floating piers and dune enhancement, Greenport Harbor, Greenport. Written comments by December 29, 1984. COUNCILWOMAN COCHRAN : 4. New York State Department of Environmental Conservation public hearing notice of the North Fork Property Owners Association to construct houses and sanitary systems on adjoining lots at setbacks from tidal wetlands of less than 75 feet and 100 feet, Mattituck. January 3, 1985 at 10:00 A.M. in the Southold Town Hall, Southold. DECEMBER 4, 1984' 33 5. New York State Department, of Environmental Conservation notice of complete application by Willow Point `Association to dredge area of an existing channel leading from Budds Pond to Willow Point, Southold. Written comments by December 21, 1984. SUPERVISOR MURPHY: Thank you, Paul and Jean. III. COMMUNICATIONS. SUPERVISOR MURPHY : We'll move on to our third item on the agenda which is Communications. . We have one that's most important to the Town Board and to our Water Advisory Committee, which, for those in the audience who don't know, we're probably the first Town, almost in�the country, to have this Water Advisory Committee working so close with the Town Board. We have a very serious situation out here and we've had the greatest cooperation from the Board of Health and our Water'Advisory Committee and the Town Board and as Jean reported earlier, there's quite a bit of work going on. This one is concerning the Suffolk County Comprehensive Water Management Plan. The department has prepared a draft document of the above project. The draft contains water quality and quantity data, population of land use projections, unit costs for water supply and treatment, and other basic informa- tion needed for succeeding phases of the project. A presentation will be made of the document is scheduled for December 14th, which is a Friday, 9:30 A.M. at the Yaphank Firematic Training Center, Yaphank Avenue. The Town Board, whatever members can attend, will, as well as the members of our Water Advisory Committee. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: Moving on to the fourth item on our agenda, which is ' public hearings. The first one we had today. It was on a wetlands application of The Land Use Company on behalf of Leon Marcus at 3: 30. The second one is going to be a public hearing held--joint public hearing held. between the Greenport and Southold Town Boards on an application of East End Associates, pursuant to Article 17 of the General Municipal Law to annex a parcel of property to. the territory of the Village of Greenport. The Hearing to be held by the Southold Town Board and the Board of Trustees of the Village of Greenport at the Southold Town Hall at 7: 30 on Thursday, December 6th.. Again I would like anyone who was concerned with this, interested in it, whatever aspect, to please attend this public hearing. It's most 'important for the future of Southold Town. V. RESOLUTIONS. SUPERVISOR MURPHY: Moving on to Item V, Resolutions. The first one is to appoint a member to fill the unexpired term of Bob Wall on the Planning Board. JUSTICE EDWARDS: Jimmy Wall. I'd like to present this one, Frank. SUPERVISOR MURPHY: You want to make it? COUNCILWOMAN COCHRAN : Second. JUSTICE EDWARDS : I'd like to make a little speech here first. This candidate, Kenneth Edwards, that has been chosen by the majority of the Board, is 'my cousin. I would rather abstain on the voting, but inasmuch as it would be a deadlock, we do need someone on the Planning Board, I feel very strong that a member should come from Fishers Island and I think the Town will find out that Ken Edwards will be very deserving of the position that we're going to put him' into. He's very well liked on the Island. . If it was up to the Island to decide it would be unanimous. So with that I will read the resolution. 1. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Kenneth L. Edwards a member of the Southold Town Planning Board, effective immediately, through April 30,. :1987, at a salary of $4,320. 00 per annum. SUPERVISOR MURPHY: Any questions? COUNCILMAN STOUTENBURGH: I'd just like to make a statement also. In the sense that I feel this is probably the most important appointment this Town Board is going to be making for the simple reason that we have many, many problems with this Town coming up, and I realize that there's a obligation to have a member from the Island represented on the Planning Board, but I also realize that the bigger, and I think, the most important thing ,is this Town's overall plan in the future, and therefore, I would like to see not any of the people from Fishers Island, but one from the many list that was handed--the list that was handed to us, or applications that came in, there were professional planners that made applications .and I would like to see one of those professional planners put on our Board so that we would get every bit of input to make this Town stable. I just want to make that statement before we vote. SUPERVISOR MURPHY: Jay, do you have any? (No.) Joe? 3 4 DECEMBER 4, 1984 COUNCILMAN TOWNSEND: Well, we had this discussion before and the opposite side, of that picture, is that tradition of this seat has gone to a Fishers Island resident and in this instance it's replacing a Fishers Island Board Member whose term is only for the balance of that Board Member's term of office, which expires in 87, as' opposed to being a five year term for a new member, therefore, I think it's particularly appropriate that this member, if we are going to have a member from Fishers Island be appointed from the applicants of Fishers Island. We had two of the three ,applicants I personally--they're all qualified and I felt that two of the three were especially well qualified, articulate and intelligent and public spirited. I agree that it's a' very important position, but all aspects of the community should be represented on the Planning Board and I think that we have picked a good candidate. . That's all I have. SUPERVISOR MURPHY: Thank you. My only, comment is, Ray, I agree, I don't think you should vote. Judy. 1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Justice Edwards, Councilman Townsend. Abstain: Councilman Stoutenburgh. No: Supervisor Murphy. .This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to appoint a part-time Clerk-Typist. 2. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Eileen Carey as a part time Clerk Typist for the Building Department, effective December 15, .1984 through January 15, :1985, at a salary of $5.00 per hour. SUPERVISOR MURPHY: Any questions? (No response.) This is a girl' who has worked there and has left to go to college and' while she's home she's going to help the Building Department catch up on their work. 2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilrrian'Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This.'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to authorize to have a lease agreement. 3. Moved, by Councilman Stoutenburgh, seconded .by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between Agnes Reinhart and the Town of Southold for the lease of a forty foot by forty foot concrete block building, 1000 feet east of Peconic Lane, in Peconic, on Route 25, for the storage of machinery and equipment for the Highway Department, for the period of December 1, •1984 through November 30, .1985, at the annual rent of $2,400.00, to be paid in 'quarterly payments as follows: $600. 00 upon execution of the agreement, and $600.00 on the first days of March, June and September, 1985. SUPERVISOR MURPHY: Any questions? (No response.) 3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is a 1proposed Local Law. 4. Moved by Councilman Townsend, seconded by Supervisor Murphy, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in relation to Zoning Code Fees," now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said;proposed Local Law reads as follows, to wit: A Local Law in relation to Zoning Code fees" BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets] .) Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-124 thereof is amended to read as follows: 100-124. Fees All applications to the Board of.Appeals for any relief herein shall be accompanied by a fee of [fifty] seventy-five dollars [($;50.) ] ($75.) .::: . . 35 DECEMBER 4, 1984 2. Section 100-135 thereof is amended' to read as follows: 100-135. Fees All applications to the Planning Board for approval of site development plans shall be accompanied by a fee of [fifty] one hundred dollars [($50.)] ($100.) . 3. Subsection (1) of Subdivision J (Permit fees) of Section 100-141 thereof is amended to read as follows: J. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single_family dwellings: [1] i New dwellings and additions td existing dwellings: [twenty-five] fift dollars [ ($25.) ] ($50.) plus [five] ten cents �$0.05)] ($0.10) for each square foot of floor area in excess of eight hundred fifty (850) square feet. [2] ii Accessory buildings and additions and alterations to.existing accessory buildings: [ten] twenty- five dollars [($10.) ] ($25-.) plus [five] ten cents [�0. 05) ] ($0. 10) for eacl-: square foot of floor area in excess of five hundred f 500) square feet. (b) Farm buildings and additions and a! eratioi. : to existing farm buildings: [fifteen] twenty-fi\. e dol;ai s [($15.) j ($21. for each building. (c) Hotel, .motel, multiple .dwellings and business, industrial and all other buildings: [1] i New buildings and additions and alterations to existing buildings: [fifty] one hundred dollars [($50.) ] ($100.) plus [five] fifteen cents ($0.05) ] ( 0. 15) for each square foot of floor area in excess of one thousand (1,000) square, feet. [21 ii Accessory buildings and additions and alterations to existing accessory buildings: [fifteen] twenty- five dollars [ ($15.) ] ($25.) plus [five] ten cents -C(To.05) ] ($0.10) for each square foot of floor area in excess oT five hundred (500) square feet. (d) Foundations constructed under existing buildings: thirty dollars ($30.) . (e) All other structures (i.e. , fences, pools, etc.) and additions and alterations to such structures: [fifteen] twenty-five dollars [ ($15.) ] ($25.) . (f) Signs. The fee for all signs, except signs permitted by Section 100-30C(6) (a) , shall be twenty-five cents ($0.25) for each square foot of sign area, with a minimum fee of five dollars ($5.) . Demolition and/or removal and/or relocation of-any building: one hundred dollars 100. . 4. Section 100-151 thereof is amended to read as follows: 100-151 . Fees Every petition for a change or amendment to this chapter or the Zoning Map shall be.filed with the Town Clerk and shall be accompanied by a fee of [two] five hundred dollars [($200.) ] ($500.) . 5. This Local Law shall .take effect upon its filing with the secretary of State. COUNCILMAN TOWNSEND: This proposed Local Law is 'available at the Town Clerk's Office for anyone who wishes to see what these fees are going to be. 36 DECEMBER 4, 1984 SUPERVISOR MURPHY: Any questions? (NO response.) 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 to set a public hearing. S. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, Southold, New York, on the 18th day of December, :1984, at 8:05 P.M. , at which time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law in 10 to Residence Parking Permit Fees," which reads as follows, to wit: A Local Law in relation to Residence Parking Permit 'Fees BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets] .) I. Subdivision A(2) (Resident parking permits) of Section 65-3 of Chapter 65 (Parking at Beaches) is hereby amended to read as follows: (2) The Town Clerk or a person designated by [him] the Town Clerk . shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. [Upon payment of the permit fee, a resident shall be entitled to a permit for each vehicle owned by him -if such vehicle is registered to an address within the Town of Southold.] 11. This Local Law shall take effect upon its filing with the Secretary of State. SUPERVISOR MURPHY: Any questions? . (No response.) This again is available in the Town Clerk's Office for anyone to read. S.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman Schondebare. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is 'to set another public hearing. 6. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold will hold a public 'hearing at the Southold Town Hall, Main' Road, Southold, New York, on the 18th day of December, 1984, at 8: 10 P.M. , at which time and place all interested persons will'be given an opportunity to be heard upon the following matter: "A Local Law to amend the Southold Town Code in relation to parking of vehicles," which reads as follows, to wit: A Local Law to amend the Southold Town Code in relation to parking of vehicles ;;: BE 1T ENACTED by the Town Board of the Town of Southold as follows: . (additions indicated by underline; del.etions by [brackets].) Chapter 92 (Vehicle and Traffic) of the Code of the Town of Southold ;=, : is hereby amended as follows: 1 . Article IV thereof is amended by adding a new section thereto, to be section 42. 1, to read as follows: Section 42. 1 . Parking prohibited during certain months The parking of .vehicles is hereby prohibited during the months indicated (both inclusive) in any o .t e followincl locations: DECEMBER 4, 1984 37 D;u,r.,ing.-Months of Name of Street Side (Both Inclusive) Location Beckwith Avenue West December to and In Southold including_ March between N .Y. Route 25 and Traveler Street H . By amending Section 92-42 thereof by adding thereto the following: Between the Name of Street Side Hours of Location Marratooka Road Both 10:00 P.M. and In Mattituck from 7:00 A.M. sout er y terminus thereof northerly to Park Avenue III . This Local Law shall take effect upon its filing with the Secretary of State. COUNCILWOMAN COCHRAN: This proposed Local Law is 'available in the Town Clerk's Office. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: I just wanted--this is to prohibit parking on the west side of Beckwith Avenue during the months from December through March. COUNCILWOMAN COCHRAN: Snow time. 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 declare ourselves lead agency in a zone change. 7. Moved by Councilman Schondebare, seconded by Councilman Townsend, 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 Herbert Mandel for a Change or Zone from."A" Residential and Agricultural District to "B" Light Business District on certain property located on the north side of New York State Route 25, East Marion, New York. 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 transmit a petition for a zone change to the Suffolk County Department of Planning for their recommendation and the Southold Town Planning Board. 8. Moved' by Councilman Townsend, seconded by Councilman Schondebare, WHEREAS, a petition was received from Herbert Mandel for a Change of Zone on certain property located on the northerly side of New York State Route 25, East Marion, New York, from "A" Residential and Agricultural District to "B" Light Business 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 accord- ance with Article XV, Section 100-150(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 questions? (No response.) 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 extend the date for receiving proposals for our insurance program. 9. Moved by -Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby extends the date for receiving proposals for the Town's Insurance Program for Fiscal Year 1985 from 10: 00 A.M., Friday, November 30, ..•1984, to 10:00 A.M., Friday, December 14, 1984, and hereby authorizes and directs to the Town Clerk to place a legal notice for Requests for Proposals . for the aforesaid Insurance Program in the official newspapers, advising the public'of the extension of time. SUPERVISOR MURPHY: Any questions? (No response.) 38 DECEMBER 4, 1984 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 authorize the Town Clerk to advertise for bids for the purchase of heating fuel oil. 10. Moved by Supervisor Murphy,, .second.ed .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 Heating Fuel Oil for the. Town of Southold for the calendar year 1985. 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: Number -11 is to authorize the Town Clerk to advertise for bids for the purchase of diesel -fuel. 11. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, 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 Diesel Fuel for the Southold. Town Highway Department and Disposal Area for the calendar year :1985. 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 authorize the Town Clerk to advertise for bids .for the purchase of gasoline. 12. Moved by Supervisor Murphy, seconded by Justice Edwards, 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 Gasoline for the Town of Southold for the calendar year 1985. 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 amend a previous resolution. 13. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby Amends their Resolution No. 26 adopted on July 3, :1984, to read as follows: RESOLVED that retroactive to September 1, :1984 the Town Board of the Town of Southold hereby authorizes all Elected Officials, and all Appointed Officials making $7,500.00 and above per annum to participate in the CSEA Benefit Fund. The Town to pay $250.00 and the Officials to contribute the balance per annum. ELECTED OFFICIALS APPOINTED OFFICIALS Francis J. Murphy, Supervisor Robert W. Tasker, Town Attorney Joseph L. Townsend, Jr., Councilman Raymond W. Edwards, Justice Paul Stoutenburgh, Councilman James A. Schondebare, Councilman Jean W. Cochran, Councilwoman Judith T. Terry, Town Clerk. Raymond C. Dean, Superintendent of Highways Frederick J. Tedeschi, •Justice William H. Price, Jr., Justice George Mellas, Receiver of Taxes Charles C. Watts, Assessor Frederick E. Gordon, Assessor Scott L. Harris ' Assessor . AND BE IT FURTHER RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to execute an Amended Agreement with the CSEA Benefit 'Fund reflecting the above amended Town Board Resolution. 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 a resolution concerning the Highway Department and the agreement with the Suffolk County Superintendent of Highways. 14. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that pursuant to the provisions of Section 284 of the Highway Law, the Town Board of the Town of Southold agrees that all moneys levied and collected for DECEMBER 4, 1984 39 the repair and improvements of highways,, and receivea trom the state Tor the repair and improvements of highways shall bd-expended as follows: General Repairs. The sum of $1, 189,300. 00 may be expended for general repairs upon $183.74 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. No moneys set aside for such improvements shall be expended, nor shall any work be undertaken on such improve- ments, until the County Superintendent approves the plans, specifications and estimates for such construction. This agreement shall take effect when it is approved by the County Superintendent of Highways. SUPERVISOR MURPHY: Any questions? (No response.) This is 'a formality. The Superintendent of Highways in the County has to approve parts of our Highway Department's 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 'a Highway Department transfer of funds. 15. Moved by Councilman Townsend, seconded by Justice Edwards, it 'was RESOLVED that th a Town Board of the Town of Southold hereby authorizes the following transfer of funds within the 1984 Highway Department Budget: From: DA9010.8 = New York State Retirement .. . . . . . .. . . .$841.50 Into: DA5130.2 - Equipment (Machinery).. . .. .. . . .. . .. . ..$841 .50 SUPERVISOR MURPHY: Any questions? (No response.) 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 Fishers Island Ferry District transfer.of funds. 16. 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 of funds within'the Fishers Island Ferry District 1984 Budget: From: Attorney Fees . ... . .. .. .$11.30 Into: Hospitalization. . . ...... ..$11.30 16.7Vote 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 17 is to authorize a 7% increment increase for the employees of the Fishers Island Ferry District for 1985. 17. Moved by Justice Edwards, seconded by Councilman Schondebare, WHEREAS, the Board of Commissioners of the Fishers Island Ferry District, in its deliberations regarding discontinuance of contracting the operation of its vessels and hiring all personnel as employees of the Fishers Island Ferry District, determined that its policy would be to grant annual salary increments in accordance with those negotiated between the Town of Southold and the Civil Service Employees' Associa- tion, and those persons covered by said contract in the employ of the Fishers Island Ferry District are one (1) year behind Town employees with regard to the contract provisions, and effective January 1, 1985, the Board of Commissioners of the Fishers Island Ferry District wish to grant a seven percent (70) increment to all their employees, similar to the increment received by all other Town employees on January 1, .1984, now; therefore. be it RESOLVED that the Town Board of the Town of Southold hereby oncurs with the Board of Commissioners of the Fishers Island Ferry District and hereby authorizes a seven percent (7%, increment to the employees of,the Fishers Island Ferry District effective January 1, 1985. 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 authorize the Supervisor to execute affidavits. 18. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute affidavits of verification in the matter of Luyster v. Town of Southold et al (SU I L Y482C) MR. PHIL BARTH, Southold: What's that about, Supervisor? SUPERVISOR MURPHY: I'll tell you in a second, sir. 40 DECEMBER 4, 1984 COUNCILMAN SCHONDEBARE: I believe that's Leeton Drive, the flooding on Leeton Drive and they're sueing the Town for the jetty down at Goldsmiths. SUPERVISOR MURPHY: Yes, it's another case. Any other questions on it? (No response.) COUNCILMAN SCHONDEBARE: This 'is our answer that we're submitted--that our attorney wants us to sign and send it back. 18.-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 -19 is another landmark and particular for Southold Town and Fishers Island. 19. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for Contract No. 1, Fishers Island Wastewater Treatment Facilities C-36-11.49-03, Fishers Island Sewer District, Town of Southold, New York.. SUPERVISOR MURPHY: Any questions? This is 'a sewage treatment plant that is going up, a joint effort of the Town and FIDCO over on Fishers Island to correct the serious problem that they have. Any other questions? (No response.) Federally funded. Very similar to our sewage treatment plant, just a little smaller in scale. 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. SUPERVISOR MURPHY: Number 20 is transfer of funds in Whole Town. 20. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 'transfer of funds within the General Fund Whole Town 1984 Budget: From: Unexpended Balance A-599. . . . . . . ... . . . .. . . . ... . . . . .$11,794. 00 Into: A1620.4 Buildings, Contractual Expenses . . . . . . . . ..$ 8,544.00 A1410.4 Town Clerk, Contractual Expenses . . . . . . . .$ 800.00 A3310.4 Traffic Control, Contractual Expenses.. . . .$ 400. 00 A7110.1 Parks, Personal Services.. . . .. . . .. . . .. . .. .$ 2, 050.00 Total . . . . . . . . . . . . . . .. . ... ..$11,794. 00 SUPERVISOR MURPHY: Any questions? (No response.) For the people in the audience, you're going to find, for the month of November and December there's always a large number of these transfers. It's just to balance accounts out in the same line and it's to make sure the bookkeeper has enough money to pay the bills for that account. 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 a transfer of funds in Part Town. 21. 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 of funds within the General Fund Part Town '1984 Budget: From: Unexpended Balance B 599 . . . . . . . . . . . . . . . . ... . . . . . .$1,500. 00 I nto: B3130. 1 Bay Constable, Personal Services. . . . . . . . ..$1,500-00 SUPERVISOR MURPHY : Any questions? (No response.) 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. SUPERVISOR MURPHY: Number 22 is to hire a Stenographer. 22. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby appoints Diane M. Schultze, from the Suffolk County Department of Civil Service Certification of Eligibles, to the position of Stenographer for the Southold Town Planning Board, effective immediately, at ,a salary of $ 10,500.00 per annum. SUPERVISOR. MURPHY: Any questions? (No response.) COUNCILMAN STOUTENBURGH : Probably the most important person--one of the, most important stenographers in the Town., DECEMBER 4, 1984 COUNCILMAN TOWNSEND: She's very good. 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 'to authorize to go to bid for the purchase of uniforms to the Police Department. 23. Moved by Supervisor Murphy, seconded by Councilman Schondebare, 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 uniforms for the members of. the Southold Town Police Department for fiscal year 1985. SUPERVISOR MURPHY : Any questions? (No response.) 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. SUPERVISOR MURPHY: Number. 24 is the decision on the wetland application of Leon Marcus. 24. .Moved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, The Land Use Company, on behalf of Leon Marcus, applied to the Southold Town Board fora 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' application on the 4th day of December, .1984, at which time all interested persons were given an opportunity to be heard, now, therefore, be it ' RESOLVED that The Land Use Company, on behalf of Leon Marcus, be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct dock, ramp and float on property located at the end of Gull Pond Lane, on Gull Pond, Greenport, New York. This permit shall expire on December 4, :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 questions? (No response.) 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Council- man Townsend. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25, which is not on your agenda, is to set a grievance procedure for the Town under our Handicapped Program, Advisory Board that we have set up to set up a grievance procedure in the Town for any resident who is handicapped, no mater what, sight, hearing, mental, age, whatever, -and if anyone feels that they are not being provided access to Town Hall, to Town .Board meetings and this could even go so far as a person to give sign language for hearing impaired persons. ' It's unlimited and we would like to identify anybody, any handi- capped person, and this is to set up the guidelines. We do have a Handicapped Advisory Committee now that is working _and this will be reviewed and whatever the Town can possibly do to help in this linb, it 'will ' be done, but we do have to have a grievance procedure actually set up, so this is doing ,that. 25. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, as a recipient of more than $25,000 in Federal Revenue Sharing Funds, the Town of Southold is subject to the requirements of the Office of Revenue Sharing, and WHEREAS, it is necessary that the Town of Southold adopt an internal grievance Procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's regulations (31 C.F.R. 51. 55 (d) (2) ) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. .794) , and WHEREAS, the Town of Southold Self-Evaluation Committee has written and recommended the below Grievance Procedure, NOW, THEREFORE, BE IT RESOLVED that the below "Section 504 Grievance Procedure be published in the official newspaper of the Town of Southold: PUBLIC NOTICE Section 504 Grievance Procedure Required Under Revenue Sharing Regulations (31 C.F.R. 51.55 (d) (2) ) The Town of Southold has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's (ORS) regulations (31 C.F.R. 51.55 (d) (2) ) implementing Section 504 of the Rehabilitation Act of .1973, as amended (29 U.S.C. 794) . Section 504 states, in part, that "no otherwise qualified handicapped 42 DECEMBER 4, 1984 individual. .-shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. . ." Complaints should be addressed to: Francis J. Murphy, Supervisor, Town of Southold, 53095 Main' Road, Southold, New York 1:1971 ,(516) 765-1800, who. has been designated to coordinate Section 504 compliance efforts. 1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation. of the regulations. 2. A complaint should be filed within ten business days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this 'grievance procedure was in place will ' be considered on a case-by-case basis.) 3. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will' be conducted by the members of the Town of Southold Self- Evaluation Committee. These rules contemplate informal but thorough, investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 31 C.F.R. 51.55 (d) (2) , the Town of Southold need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions. 4. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Chairman of the Town of Southold Self-Evaluation Committee, and a copy forwarded to the complainant no later than thirty (30) business days after its filing. 5. The Section 504 Coordinator shall maintain' the files and records of the Town of Southold relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) business days to the Southold Town Board. 7. A written determination as to the resolution of the appeal, if any, shall be issued by the Southold Town Board and a copy forwarded to the complainant no later than thirty (30) business days after its filing. 8. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit 'of other remedies such as the filing of a Section 504 complaint with the Office of Revenue Sharing, U. S. Department of the Treasury. Utilization of this grievance procedure is 'not prerequisite to the pursuit of other remedies. 9. . These rules shall be construed to protect the substantive rights of interests persons, to meet appropriate due process standards and to assure the Town of Southold complies with Section 504 and toeh ORS regulations. Dated: December 4, •1984, Judith T. Terry, Southold Town Clerk. COUNCILMAN SCHONDEBARE: I'm still trying to read it. SUPERVISOR MURPHY : Want to read it? COUNCILMAN SCHONDEBARE: Why don't you just put it 'on the end before we adjourn so I can just finish reading it. I haven't even read the thing yet. Ten minutes or so, so I can have a chance---. , SUPERVISOR'MURPHY: All right, we'll move on to 26. TOWN CLERK TERRY: We'll have to have a resolution to table that resolution. Moved by Councilman Schondebare, seconded by Councilman Townsend, -it was RESOLVED that Resolution No. 25, Section 504 Grievance Procedure, be tabled until the end of this meeting. 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: We'll move on to Resolution N. 26. 26. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis 'J. Murphy to execute an application to the Suffolk County Youth Bureau for 1985 Youth Recreation funds for the Town of Southold. SUPERVISOR MURPHY: On the question. Jim' (McMahon) has to have this in' by, believe, the 20th of the month, that's why we had to add it on just now. He was notified yesterday. COUNCILMAN COCHRAN : Now, is this 'for recreation or is this part of the JAB grant? SUPERVISOR MURPHY: . This is 'the JAB Program. COUNCILWOMAN COCHRAN: So it's not recreation funds. Does it come from Suffolk County Youth Bureau? DECEMBER 4, 1984 43 SUPERVISOR MURPHY: Yes and no. It's used in the JAP Program. COUNCILWOMAN COCHRAN : Yes, juvenile. SUPERVISOR MURPHY : Yes. COUNCILWOMAN COCHRAN: But it's .not recreation funds? SUPERVISOR MURPHY: It's not the old fund that we had in' the Youth Center, no. COUNCILWOMAN COCHRAN:, I know that. I just question the wording here if 'it's not used for recreational funds. SUPERVISOR MURPHY: Jim just brought this in at 5: 30 tonight. COUNCILWOMAN COCHRAN: All right, just so there's not a misconception. Thank you. SUPERVISOR MURPHY: Any other questions on it? (No response.) 26.-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, we'll hold off for another five or ten minutes on Resolution Number 25 and I'd like to ask at this time if any member of the Town Board would like to make any further comments? Joe? (No, no, Frank.) Paul? (Nothing.) Jean? (No, thank you..) Ray? JUSTICE EDWARDS: The only. comment I would like to make is I read through the--had a chance to read partially through the Airport Study. volume that was given to us and 1 really agree with a lot of proposals they have in there and I certainly hope that the Town of Southold and the people of the Town will look favorably upon the Town Airport. Thank you. SUPERVISOR MURPHY: Jay, do you want to comment any? • COUNCILMAN SCHONDEBARE: No, nothing really. I notice we have a number of people in the audience tonight. Normally we have nobody in the audience, but I see we have a few people here.---In any event we started at 8: 30 this morning and all this is done, by and large, during our Work Session'during the course of the day, so when we get up here, if 'we're knocking out these resolutions one, two, three, it's because we've already discussed it. We already went over it and already determined what we're going to do before we get up here, so we did do our homework before we got here. That's all, Frank. SUPERVISOR MURPHY: Thank you, Jay. All right, is there anyone in' the audience would like to address the Town Board? Sir: MR. PHIL BARTH, Southold: For the people of the audience who weren't at the Work Session, I'd like to explain the reason for my remarks is that at the Work Session there was a gentleman by the name of Harold Reese, I believe, that came down to present a case for reopening a .hearing that had already been closed and voted on. My reason for getting up heVe is 'to object to that procedure. I think it's illegal. If it isn't illegal it certainly is not-ethical because it seems to me that it's playing favoritism. Here was a gentleman that had a chance, there was a hear- ing, had a- chance to come down and present his case. The public 'had a chance to come down and present their case. The hearing was' closed. There was a finding made on it 'and then here comes this gentleman down here again'and the thing is opened up. Now, this has happened time and time again' and I think that the Board almost made a promise that they would not do it again.' yet it keeps on happening. think it's not fair and I think that once a hearing is closed and the determination is made, that's the way it should be. The fact that the gentleman might be threatening to litigate the case, I don't think the fact that you're going to open the thing again because if you find against .him again he's going to litigate anyway. So if'you have a finding stick with it and let him litigate. That's what we have lawyers for. SUPERVISOR MURPHY: . Thank you, sir. Anyone else in' the audience on the left like to comment, make any comments? (No response.) Over in the middle? (No comments.) On the right? (No comment.) Jay, I'm afraid=-I hope you've finished or would you like another minute? COUNCILMAN SCHONDEBARE: No. SUPERVISOR MURPHY: Yes, someone? 44 DECEMBER 4, 1984 MR. JOSEPH BETTY, Henry's Lane, Peconic' Maybe I misread this here, but this airport issue is just going to be discussed on the 18th, or is it going to be discussed tonight? SUPERVISOR MURPHY: No, it's not tonight. There is a working session of the Committee on Thursday, December 6th. MR. BETTY: December 6th. On this issue? SUPERVISOR MURPHY: Yes, on the report. It's not a public hearing mind you, sir. MR. BETTY: Oh, 1 see. SUPERVISOR MURPHY: It's not a public hearing at all. We're a long ways away from where the Town ismaking a decision. This is 'a report of a committee. The committee is made up of various representatives of the Town, civic associations, state and local governments and so forth. MR. BETTY: Do you have any idea when there's going to be a meeting on this issue? SUPERVISOR MURPHY: We're quite a ways away from it.' You will be notified. On December 6th it is an open meeting, but it's not a public 'hearing. It's not a meeting where the meeting is going to be open for discussion by everybody. It's to hear the consultant and his report on what he has to say to the committee and there is going to be a visual inspection of the sites that were recommended in the report and then come back to discuss it. That's all. That will be 10:00 o'clock on Thursday morning is when they're meeting and the reconvenes at 2:00 o'clock in'the afternoon here. MR. BETTY: One more question. Why are you holding this meeting in the day. mean, why don't you hold it at night so you get more people? SUPERVISOR MURPHY: It's not a public 'hearing. It's a committee meeting. COUNCILMAN SCHONDEBARE: It's not our meeting. SUPERVISOR MURPHY: It's not a Town Board meeting. This is not a Town Board function. . This 'is a committee- that was appointed by the Town Board last year to look into the proposed airport site and studies have been going on. The committee has met several times on this `and this 'is a report of the committee on their findings. There's still more work to be done before any report is given to Southold Town Board, at which time when the Southold Town Board is 'going to make any decision there will be'all kinds of public hearings. Plus, you can't go look at the farms at night. MRS. MARGARET SKABRY: When we first went to the informational program that was presented at the Peconic Senior Center about the possibility of the Master Plan corning out there was a little star on the map about an airport. That surprised a lot of us and we asked at that very meeting how we went about getting rid of that star forever? So we were told to go to every meeting, write letters and attend more meetings and we were also told by .one of the members of the Planning Board, no problem and he took an eraser and erased it.' Real joke, right? SUPERVISOR MURPHY: No, it really wasn't. MRS. SKABRY: Here we are all this 'time later and now we've managed to select a few sites, specific 'sites, on a Thursday morning they're going to be going around looking at where they want to put their airport, which will become our airport, which we will have no control over, because Islip has no control and they have their own Town ordinances and stuff and they're in court. Not just our little airport, because everyboay-s going to be using it and., we're going to be paying the price for it, no matter what the FAA says it will' pay. I'm not willing to pay for it. I haven't been willing to pay for it.' If I want to fly I'll go to Kennedy Airport or someplace. Then I'll take a nice little trip. 1 don't care to sit around having planes that don't make noise fly over my house. I came here because we lived near Kennedy Airport. don't want it. I want to know--I've attended other meetings too. I've come down and followed you around, Mr. Murphy, because you were at the Mattituck meeting when the gentleman asked, "Do we have a right to vote on the Master Plan?" You didn't know the answer. So I followed you here, I dragged my kids to an afternoon meeting to find out and you had to ask Mr. Tasker. The answer was, "No we don't." Now it comes out in' Newsday, which we have to get our information from, or-The Suffolk Times, or the Watchman-Traveler. We'll turn into a lawyer reading the legal notices. Okay? That this is being considered as part of the Master Plan. Will this be slid into the Master Plan before we have a chance to put it 'to a public ' vote one and for all to make it 'clear to everyone, including Mr. Edwards, that maybe Fishers Island would like us to have, maybe some Orient residents would like us to have it. The majority of Southold Town residents do not want it. What do we have DECEMBER 4, 1984 45 to do to make you understand that this nonsense? What you're putting us through is definitely unfair and is not the representation of the people that have elected you all to your positions. When do we get our chance? Do we have to keep chasing you around to 3:00 o'clock in the afternoon meetings? 10:00 A.M. meetings? - 9:00 o'clock meetings? Right? When I ask you if we're allowed to vote I get smug answers from certain members of the Board. Couldn't vote on Shoreham, why should you vote on this? Knowing full well my husband is an employee, not management, of the lighting company. We're met with arrogance. We are beginning to feel like we should return the favor and greet our Board this way, because you are not, in any way, shape or form representing us, you are representing a few people who fly, who came here when there was no airport for them. Now they want to make one. Give them pontoons for their planes or catapults for their own driveways, keep them the hell away from my property and out of my Town and don't go putting your meetings during the day when my husband can't be here so I have to get up here getting upset. Don't make them in' the afternoon, don't go giving them special privileges of racing and saying, "Oh, I want it here," and "It won't be any problem." Sure it won't. You're not living there. That house is all we have. We searched the whole South Shore and refused to move there because it's nothing but a tourist trap and noise and we came here to raise our family and not to-have to put with the same garbage that happened in towns that we grew with because the boards wouldn't listen to the people and wouldn't use good judgment. Please have the decency to listen to the people that have voted for you. We're not senile, and if 'you make a mistake and you don't represent us, it's not a threat, it's a fact, you will never be trusted and voted into office again; any of you. Thank you. very much to bring me to the point where I have such little faith in you as I had in past members of our school board. Thank you. SUPERVISOR MURPHY: Would you like a response? MRS. SKABRY: I don't think you have one that could give a straight answer to US. SUPERVISOR MURPHY: Anyone else like to make a comment? Frank. MR. FRANK BEAR, Southold: I .understood that we would be welcome to ask questions or make any comments at this meeting on Thursday afterood. Is that not right? SUPERVISOR MURPHY: I don't believe so, sir. MR. BEAR: 1 intend to do so nevertheless. SUPERVISOR MURPHY: Anyone else? Yes, in' the back. MRS. LINDA SCHNEIDER, Saltaire Estates, Mattituck: I was present this morning at the meeting that you had from Seacom where we were discussing the possibility of us as a Town becoming a municipality electric company and the price mentioned for this engineering consultant to come and really find out whether this was going to benefit us or not was $15,000. 1 look at this price that the FAA has charged in here, this Newsday report, $62,000 airport study--I understand it 'was the Federal Government that paid for it. . Am I correct? SUPERVISOR MURPHY: Yes. MRS. SCHNEIDER: Okay. We're looking at a $15,000 study for the members of Southold Town which will benefit everyone living and breathing here, young and old alike and 1 say let's table something like this forever for something that's just going to benefit a few persons. SUPERVISOR MURPHY : Thank you. Anyone else like to make a comment? Anyone? MR. TROY GUSTAVSON, The Suffolk Times: Question. What's the cost to the Town by adding the elected and appointed officials to the CSEA Benefit Fund? SUPERVISOR MURPHY: Multiply $250 by those names-- MR. GUSTAVSON: What names? There are no names listed here. SUPERVISOR MURPHY : On the resolution I .,:had. I'm sorry, Troy, I'll get you a copy of the resolution. I'll look it up and tell you. Ruth? MRS. RUTH OLIVA, Orient: I'd just like to make it 'part of the record. You received a letter from Greg Blass stating that the County is 'going to perhaps fund an Open Space Preservation Plan, and I did want to announce that last Saturday night, at the meeting of the Orient Association, there was a unanimous resolution passed to the County or to anybody that would listen, that they would favor a limited passive park at Orient Point and this is certainly a change from ten years ago and I. think it's most important and I'm sure the Association will write to you 4 6 DECEMBER 4, 1984 as of same and I'm sure the NFEC will and we'd also like to put in our plug for the St. Thomas property on Dam Pond and perhaps Robins Island and I'm sure there's a few others in Town. Thank you. SUPERVISOR MURPHY : Okay, on this point. Anybody in'the audience or anyone who you know of has some projects for this open space--I don't really know if it's going to come about. I think it's wishful thinking personally, _on the County's part because of their financial situation. Hopefully it will come about and if there are any parcels in Southold Town, please write me a letter and we will forward them on with a letter also of recommendation for this to help preserve. It's most important but we can't do anything unless we receive letters from various associations or interested people in support of preserving some of these spots. So if anyone knows of any and has any feelings on it, even if you know an association is going to write a letter, please write another letter. it's most important and it's the only way we're going to get anything preserved if the money does become-available. Is there anyonE else with any questions in' the audience? (No response.) If not, I'd like to move back to Resolution 25. COUNCILMAN SCHONDEBARE: So moved. SUPERVISOR MURPHY : Setting the Grievance Procedure. Do we have a second? COUNCILWOMAN COCHRAN : Second. 25.-Moved by Councilman Schondebare, seconded by Councilwoman Cochran, WHEREAS, as a recipient of more than $25,000 in Federal Revenue Sharing Funds, the Town of Southold is subject to the requirements of the Office of Revenue Sharing, and WHEREAS, it is necessary that the Town of Southold adopt an internal grievance Procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's regulations (31 C.F.R. 51.55 (d) (2) ) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. .794) , and WHEREAS, the Town of Southold Self-Evaluation Committee has written and recommended the below Grievance Procedure, NOW, THEREFORE, BE IT RESOLVED that the below "Section 504 Grievance Procedure be published in the official' newspaper of the Town of Southold: PUBLIC NOTICE Section 504 Grievance Procedure Required Under Revenue Sharing Regulations (31 C.F.R. 51. 55 (d) (2) ) The Town of Southold has adopted an. internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's (ORS) regulations (31 C.F.R. 51.55 (d) (2) ) implementing Section 504 of the Rehabilitation Act of .1973, -as amended (29 U.S.C. 794) Section 504 states, in part, that "no otherwise 'qualified handicapped individual...shall, solely by reason of his handicap, be excluded from the participation in, be .denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance..." Complaints should be addressed to: Francis J. Murphy, Supervisor, Town of Southold, 53095 Main' Road, Southold, New York 1:1971 ,(516) 765-1800, who has been designated to coordinate Section 504 compliance efforts. 1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it,' and briefly describe the alleged violation of the regulations. 2. A complaint should be .filed within ten business days after the complainant becomes aware of the alleged violation. : (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.) 3. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the members of the Town of Southold Self- Evaluation Committee. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 31 C.F.R. 51.55 (d) (2) , `the Town of Southold need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions. 4. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Chairman of the Town of Southold Self-Evaluation Committee, and a copy forwarded to the complainant no later than thirty (30) business days after its filing. 5. The Section 504 Coordinator shall maintain; the files and records of the Town of Southold relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) business days to the Southold Town Board. .. DECEMBER 4, 1984 47 7. A written determination as to „the resolution of the appeal, if any, shall be issued by the Southold Town Board and a copy forwarded to the complainant no later than thirty (30) business days after its filing. 8. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the Office of Revenue Sharing, U. S. Department of the Treasury. Utilization of this grievance procedure is not prerequisite to the pursuit of other remedies. : 9. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure the Town of Southold complies with Section 504 and toeh ORS regulations. Dated: December 4, •1984, Judith T. Terry, Southold Town Clerk. SUPERVISOR MURPHY: Any questions? (No response.) 25.-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, . being that there is no further business before this Town Board I'd like a motion to adjourn. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that this Town Board Meeting be and hereby is 'adjourned at 8: 35 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. C% udith T. Terry y Southold Town Clerk