HomeMy WebLinkAboutTB-02/28/1989222
SOUTHOLD TOWN BOARD
FEBRUARY 28, 1989
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (9:3,~ A.M.),
Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth
D. Oliva, Councilwoman Ellen M. Larsen, Assistant Town Attorney Robert H. Berntsson,
Town Clerk Judith T. Terry. , , ,
On motion of Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board enter into Executive Session to discuss the possible
sale of Town property in Orient to the DEC.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Supervisor Murphy.
This motion was declared duly ADOPTED.
EXECUTIVE SESSION
9:00 A.M. - The Town Board met with Richard Ryan, Ken Koetzner, and Pat Zelinski
with respect to the Town's and other properties in Orient under consideration for sale
or condemnation.
9:45 A.M. - Executive Session continued and the Board met with Town Attorney
Schondebare and Community Development Administrator McMahon to discuss the
possible purchase by the Town of property on the Mattituck Inlet.
10:00 A.M. - Executive Session continued and the Board discussed the termination
of recently appointed Bay Constable Alfred Schaffer, which termination is by direction
of the Suffolk County Department of Civil Service (see resolution no. 26).
Discussion was also held at this time with respect to a claim by a Town employee,
and salaries of certain employees.
10:15 A.M. - Executive Session continued and the Board met with Eric Peterson, Esq.--'
from Hawkins, Delafield & Wood, and George Desmarais, P.E., from Holzmacher, McLe;'
and Murrell, P.C., to discuss information recently received 'from Bedminster with resF'
to their proposal for the solid waste/sludge composting facility. The Board agreed to
· move forward with contract negotiations with Daneco (see resolution no. 29).
11:00 A.M. - Thomas W. Cramer, ASLA, and Charles J. Voorhis, of Cramer, Voorhis
$ Associates, Environmental and Planning Consultants, met with the Board to review
their proposal for a generic environmental impact statement for the Laurel Lake Area.
Planning Board Chairman Bennett Orlowski, Jr., al.so in attendance, a~vi;sed the Board
that the Planning Board is not sure they are going forward with the GELS. Mr. Cramer
and Mr. Voorhis will be contracted when a final decision is made.
11:15 A.M. - Robert Harrin~ton, representing the North Fork Animal Welfare League,
Inc., met with the Board to present the proposed lease agreement for an office trailer
for the Dog 15ound. The Board placed resolution no. 31 on the agenda to authorize
the Supervisor to execute same, and authorize the monthly rental, and cor~nection
costs, etc.
11:25 A.M. - For Discussion Items: (1) Application of Joseph and Eileen Santora for
permission to locate a single family house trailer on their property at Orient while '
their home is being constructed (see resolution no. 27). (2) Let[er from Richard
Ryan, Regional Supervisor, NYS-DEC, advising of the proposed public hearing on
March 8, 1989 at 2:00 P.M. at the Southold Town Hall, with respect to the DEC's _
proposed acquisition of approximately 442 acres of land comprising the Long Beach
Bay Tidal Wetlands area in the Town of Southold at Orient. (3) Copy of the afore---
mentioned public notice. (4) Engineering Report from H2M with respect to a"Proposed
Extension of Public Water to Laurel Lane Easl;;' dated February, 1989. This matter will
be held and discussed when the Board meets with the Suffolk County Water Authority.
(5) Progress'report from the Southold Town Tree Committee and their latest draft of
a proposed Tree Ordinance. The draft was referred to the Code Committee. (6) Letter
from George Desmarais, H2M relative to the H2M engineering services contract for
the Town composting of municipal solid waste/sludge---referred to Town Attorney
Schondebare for review of requested approval for additional engineering, services
provided on the project. (7) Proposed resolution selecting the vendor for negotiations
for the solid waste/sludge project (see resolution no. 29 selecting Daneco). (8)
Application of John Eberhardt requesting permission to locate a single family house
trailer on his property at Orient (see resolution no. 30).
FEBRUARY 28, 1989
223
11:30 A.M. - Appointment with Barbara S~epatowski, President of Szepatowski
Associates Inc., Environmental Engineers & Landuse Planners, was cancelled by
Ms. Szepatowski. The Board received a faxed letter from Ms. Szepatowski explain-
ing the purpose of the meeting: non-payment of Local Waterfront Revitalization
Invoices. This matter was submitted to Town Attorney Schondebare for review.
11:40 A.M. - Town Board reviewed proposed resolutions for the regular meeting,
after which they reviewed unfinished bUsine~ 'from previous m,nutes, and off-agenda
item s.
12:35 P.M. - Rece~ for lunch.
2:00 P.M. - Work Session reconvened and the Board met with Sean McCabe, President
of Peconic Ambulance Service, Inc., and Mark Kwasna, company manager, Police
Sergeant Stanley Droskoski, and Southold Fire District Commissioners: Donald Sayre,
William Salmon, Cutchogue Fire District Commi'ssioners: Curtis HortOn, John Bakowski,
Tony Blados and Alan Glover. The fire districts advised the Board that if an
emergency arises they will continue to transport to the hospital as has been done
in the past. They will call Peconic Ambulance in non-emergency situations. This
seems to end the prior disctss'ibns with respect to a Southold/Cutchogue Ambulance
District.
2:15 P.M. - Audit of outstanding bills.
2:50 P.M. - Work Session adjourned.
REGULAR MEETING
3:00 P.M.
A Regular Meeting of
February 28, 1989, at the
Supervisor Murphy opened
Allegiance to the flag.
Present:
the Southold Town Board was held on Tuesday,
Southold Town Hall, Main Road, $outhold, New York,
the meeting at 3:00 P. M., with the Pledge of
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: The first order of business is a resolution approving
the bills of February 28, 1989..
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: 1988 bills:
General Fund, Whole Town bills in the amount of $1,403.22; Composting Facility
Capital Account bills in the amount of $17,033.39; 1989 bills: General Fund,
Whole Town bills in the amount of $4,498.18; Nutrition Fund bills in the amount
of $15.00; General Fund, Part Town bills in the amount of $1,368.50; 1989 bills:
General Fund, Whole Town bills in the amount of $71,061.97; General Fund, Part
Town bills in the amount of $112,977.47; Nutrition Fund bills in the amount of
$4,144.43; Home Aide Program bills in the amount of $283.25; Snap Program bills
in the amount of $2,263.80; EISEP Program bills in the amount of $53.70;
Community Development Fund bills in the amount of $1,879.32; Highway Fund,
Whole Town Fund bills in the amount of $12,191.76; Highway Fund, Part Town
bills in the amount of $18,472.54; Fishers Island Ferry District bills in the an~ount
of $10,506.40; Southold Wastewater District bills in the amount of $56,024.12;
Fishers Island Sewer District bills in the amount of $362.58; Southold Agency &
Trust bills in the amount of $5,670.40; Fishers Island Ferry District Agency &
Trust bills in the amount of $62.52.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town
Board meeting of February 7, 1989.
224
FEBRUARY 28, 1989
Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the minutes of the February 7, 1989, Southold Town Board meeting
by and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for
March 14, 1989, 7:30 P.M., Southold Town Hall.
Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was
RESOLVED that the next regular meetinq of the Southold Town Board will be
held at 7:30 P.M., Tuesday, March 14, 1989, at the Southold Town Hall, Main
Road, Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Coch-ran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS..
SUPERVISOR MURPHY: The first item on your agenda are reports. These reports
are all on file in the Town Clerk's Office for anyone who would like to read them.
1. Town Justice Tedeschi Monthly report for January, 1989.
2. Town Justice Edwards Monthly report for January, 1989.
3. Substance Abuse Coordinator Monthly Report for January, 1989.
4. Suffolk County Department of Labor Economic Indicator Report for
February, 1989.
5. NOW Alliance PAC Year End Report for 1988.
6. Suffolk County Inter-Agency Coordinating Council Minutes for
January 11, 1989 and agenda for February 10, 1989.
7. Single Parent Residence Progress Report for February, 1989.
8. Town Planning Board Monthly Report for January, 1989.
9. Town Police Department Monthy Report for January, 1989.
10. Annual Financial Report, Town of Southold, 1988.
11. Town Juvenile Aid Bureau Annual Report for 1988.
12. Supervisor's Monthly Budget Report, Year Ended D_ecember 31, 1988.
13. Councilman's Reports. '--
SUPERVISOR MURPHY: At this time I would like to ask the Councilman if they
have anything special to report, starting on my immediate left with Jean Cochran.
COUNCILWOMAN COCHRAN: Oh, your immediate left? This is a switch. We
usually start at the end of the line, and work our way down.
SUPERVISOR MURPHY: We have to treat everyone fairly, and switch it around.
COUNCILWOMAN COCHRAN: Well, that's very nice to hear. On Saturday,
February 11th, I had the pleasure of taking my grandchildr~..~, to the Ice Show
at the Nassau Colosium. This was through our recreation program, and I would
like to offer my compliments to Ken Reeves, who is our Recreational Director for
the good job he did, not only that day with the program, but the job he does
all the time. On Tuesday, February 14, as Chairman of Building and Grounds,
I met with Peter' Kren from the Southold Town Promotion Committee to review,and
or develop, however way it went in relation to the chamber building in Mattituck.
The property and buiding is owned by the Town, and the other Chamber building
in Greenport, the Town owns the land, but the Chamber owns the building, and
we have a contract in place with them, so we're developing a contract with the
Mattituck, for the Mattituck building, also with the Promotion Committee. On
Wednesday, February 15, at 3:00 P.M., the Housincj Committee met with Valerie
Scopaz, our Planner, Bessie Swarm, director of C.A.S.T., and Ed Reale, who
is the lawyer to the Housing Alliance in Greenport. We reviewed the status of
the housing projects, that we're trying to develop in relation to housing for some
our young people. Also, we disc_ussed several grants, or a grant, that we would
like to apply for jointly, the Town and the Housing Alliance. Also, Valerie Scopaz
has begun to develop maps showing the available land within a half mile radius
of the post offices, so we can see what lots are available for possibly developing
some housing in Southold. Also, on this day at 7:30, I attended the 350th
Anniversary Committee. One of the projects being considered is moving the old
Bayview School from where it presently is, to the Triangle Park up at the head
of Southold, when you come into Southold Villaqe, and I've had some concerns
with placing it there in relation to traffic and ~arking, and so forth, and already
on that site you do have your picnic tables. You do have your war memorial monu-
ment, and I just, personally, felt that it might be an overloading of .one particular
site. So, I made the suggestion that perhaps they could investigate the possibility,
if they would like to..they're looking at it and investigating it as a project for
our 350 year celebration, and I made the suggestion, that, perhaps, they should
FEBRUARY 28, 1989 2 2 5
also, inv'estigate the site where the Greenport Chamber building is, since that
land does belong to the Town. Tl~e~ W0Uld have adequate parking. They have
many, many people stop at the Chamber booth, and it would just make a nice
addition to that site. So they're going to be investigating that. Leaving quickly,
they were kind enough to let myself, and Jim McMahon be on their agenda in the
beginning, because we did have a conflict of meetings that evening. There was
a meeting held at the Universalist Church on Aids, which was sponsored by
It was a well attended meeting. I shows that there are people concerned with
this disease. Presentation were made by Bessie Swarm, director of CAST, but
Dr. Rose Walten, from Stonybrook, Arthur Henderson from the Coram Health Center
and there was, also, a presentation by a Aids victim. On Thursday, the 16th,
I attended the day long meeting of the Town Board, and our evaluation team in
relation to the selection of a compostinc~ system for Southold Town. On February
17th, at 8:30, the Landfill Committee met with Superintendent of Highways, Ray
Jacobs, and Roy Schelin, who is a refuse collector here in the Town, to work
out some of the kinks in relation to the busi'ness picking up of garbage. Also,
on the 17th at 10:00 A.M., I met with Supervisor Murphy, myself, and the Town
Attorney~ 'Frank and I serve on the same committee for Wage and Policy., to
discuss some personnel problems, and look for solutions. At-one o'clock on that day,
I met with Jim McMahon, and several gentlemen from the DEC 'in relation to the
status of the Care¥ property in Mattituck, where the tank farms are. On Sunday,
the 19th, I left for New York City to attend the Association of Towns meeting.
I attended sessions on ethics, executive sessions, solid waste management, work-
men's compensation, the upcoming bicentenial cencus, and many'more sessions.
They run sessions all day Monday, Tuesday, and Wednesday morning, and I did
return Wednesday afternoon. Upon my return home Wednesday afternoon, I had
a scheduled meeting of the CAST Substance Abuse Board of Directors. This
committee was established back in 1982 or 83, and has been working under one
structure of a committee, as a subcommittee of CAST, and Gall Horton, who is
now the staff person in relation to this, is developing a new structure where this
committee will serve as a Board of Directors, and I will be serving as Chairman
of this board. It's a topic that I've always been interested in, and I think it's
a problem that effects all of us in the community, substance abuse, either through
crime or just the deterioration of children that are using substances as a part
of their tile. On the 23rd, I met with Fairweather, Brown, architect review his
findings on the Town Hall space survey. He was requested, at the Town's request,
to do a survey and evaluation on the space that we have in Town Hall, because
as you may or may not be aware, we've have outgrown Town Hall in relation to
space. We have people in the Planning Board, a perfect example, that are just
squeezed into just one little cubicle, three or four people, 'and it's getting more
and more difficult for these people to function properly through the work day.
He will be coming into the Board meeting, our next Board meeting, to present
the evaluation that he has done in relation to the space and the requirements,
that is needed. I would hope that if the Town goes in any direction, that they
certainly plan with future needs in mind. I think part of the problem has been
that this building, I think in, what ten, twelve years, we've outgrown the facility,
and personally when something is planned, I believe that you should plan for it
as far as you can into the future. I left the meeting with Fairweather, Brown,
and had a meeting with Chief Winters, in relation to some of the work that needs
to be done up at Police Headquarters. That buildinc~ when it was built, it was
built with stone block, and you can see daylight thr~ough some of the blocks, and
in the wintertime we're just losing the heat capacity and the building really should
be insulated. While in the area, Victor Lessard, I had him go over to the Peconic
Center, because the day I took the bus trip, I happened to look up, and there
above the door, and the outside doors themselves are sprung off the hinges, and
the facade on the building was, I just touch it and rot fall apart, so we kind
of killed two birds with one stone, and I believe the doors have been replaced
already, and facade is going to be replaced, also. The turning over of the Town
Green down here on the corner, was supposed to take place, I believe, on the
14th. I had a call from John Halsey. He would like to delay that for two weeks,
and then come in at that time, Frank, because he's going to out of town, so the
day hasn't worked out for him, but very shortly, the Green will be turned over
from the Peconic Land Trust to the Town of Southold. One last thing, I was
delighted to read in the press release on Long Island Water l~esources, the curriculum
that has been developed by the State for the grades K through 12, this is a
suggestion that I had made several years ago, when I served on the Water Co~n-
mittee, that education should be developed, that could be used in the schools,
but we found at that time, that the State was working on this kind of curriculum
and it has now finally been finalized, so our young people will be receiving educa-
tion in relation to our water resources. I would like to recommend to the Water
Committee that there will room within this curriculum for, perhaps the Water
Committee to develop a program in conjunction that the schools can then place
the curriculum on a local level, so the kids can relate more to it. So, perhaps,
its something that you people could begin to work on. It's been very, very busy,
and I think that's it, Frank.
SUPERVISOR MURPHY: Thank you. Ellen?
COUNCILWOMAN LARSEN: Thank you, Frank. First of all, I have to apoligize,
I grabbed the wrong blue notebook this morning, so my Councilman's report is
sittincj home in my house, and I didn't have a chance to run home today, and
pick it up, so I'm going to wing it from my date book. I noticed that after the
last Town Board meeting, I have seven days here circled, where I was on vaca-
tion in northern New Hampshire, sking. While I was there, I did view an extensive
bio-infiltration system that covers twenty miles of federal highway, and does not
allow a drop of run-off to enter a local supply water system. I did, also, look
at some water reservi~,irs. They have no water problem in New Hampshire, and
I'd like to report that in the State of New Hampshire, there are 65 landfills and
63 of them will be closed, shut down within the next five years, because they
will be full. Even though they have plenty of space in this state, lots of open
space, they have found, as we have in New York State, that landfilling is not
the solution to muncipal solid waste projects. We held a meeting of the Inland
Waterways Committee, where we are investigating ways in which to utilize the Cedar
Beach Marir~e Biology Center for a hatchery to inhance the scallop popula.tion that
was decimated during the Brown Tide. I'll be reporting more on that at a later
date. On the 16th, I also, attended the morning open session and the afternoon
executive session on town composting facilities. On the 21st, I traveled to Milford
Lab in Connecticut to attend a 9th annual shellfish seminar in, again, in relation
to the Town, not the Town, excuse me, into the utilization of this I~acility here
in Southold at Suffolk County. That's all I have to report, Frank. Thanks.
SUPERVISOR MURPHY: Thank you, Ellen. Judge Edwards?
JUSTICE EDWARDS: Just a few things, Frank.' I, also, attended the executive
meetingon the compost people last week. A week ago, last week. I, also, went
down to the Association of Towns, this past weekend, where Justice Training'
School, which is conducted once a year. Thank you, Frank.
SUPERVISOR MURP['Y: That's it? Thank you, Raymond. George?
COUNCILMAN PENNi : Yes, on the 15th, we had a meeting of the Commerce and
Industry Committee. We discussed again, and we're still waiting for Dave Mudd
from the Vineyard ~wners Association to come in, and we're going to be discussing
their request for o/ernight tourist accomodations at the wineries. We, also, discussed,or
we're checking into a follow up on the economic impact review law, that was given --
to us by the Commerce and Industry Committee. The people in the Chambers of
Commerce feel that the Town should file an economic impact st~-tement, whenever
the Town takesp (~pr erty off the tax rolls, and I'm sure that this would give people
a good idea what they're doing, and especially in the time of taxes are risen as
high as they are, ~hat it's great to take property off the tax rolls, but let's find
out what the impadt is going to be on the rest of the community, and I asked
the Town Attorney, again tod[fy, to check into the status of the state law on this,
because we're goi~ig to try to model our local law after that. We discussed screening
at the Tourist Bo6th in Greenport, which will be done again, I'm sure, this spring
by Ray Jacobs. He planted some cedar trees down there, and a couple of years
ago some of them died off because there was a lack of water. We want an assessor
to be invited, we're going to invite an assessor to our meeting so that the Commerce
and Industry and the Chamber of Commerce people can get a fuller understanding
of the Town's assessment policies. Some of the members of the Commerce and
Industry Committee may be preparing a survey to present to the Town Board in
the future addressin, g problem areas in Town government, as seen by the business
community, and we'll be waiting for a follow-up on that. On the 16th, i attended
the meeting with the fiscial advisors, the Town's consultants, H2M, and the on
counsel on the composting trip. On the 17th, I attended a meeting of the Landfill
Committee. There's been some minor problems at the Landfill, and we addressed
the concerns of one of our carters, Roy Schelin. He brought some of these problems
to our attention, and we're working to get them straightened out. I had a week
off. I went to Florida, and got frozen out. It was just as cold when I got back
as when I got down there, so right now we're not missing too much. It was 40'
in St. Petersburg for Wednesday through Saturday, so I don't have a tan and "
I went to Florida. I came back, and last night I met with John Halsey from the
Peconic Land Trust. John Halsey is a real gentleman, and is very concerned,
and I don't know if everybodyt';nat's here in the audience, is aware of the problem
that's going on in the Orient community. The State has been threatening to con-
demm properties. Some of these properties have been owned by the residents
in that area for upwards to 250 years, by their families, and there is no threat
of development in these areas. Well, some of these good people have gone to John
Halsey, who is the head of the Peconic Land Trust, and they've asked John Halsey's
-group to take an easement from them, which will prevent even further development
in the future should remove completely the threat of development in these wetland
areas, and John Halsey has met with the DEC several times, and he has not yet
reached an agreement with the DEC. He is as equally frustrated as some of the
members of the Town Board are, because the DEC doesn't seem willing to listen
to member of the community, and some of these are really grass roots, some of
the older members of the communty that have held their property, like I said,
up to 250 years. There will be a public hearing on this, the DEC condemnation
on the 8th-of March, here at 2:00,- so if anyone is interested, please attend. What
you're going to see is a strugg e between property owners, trying to protect their
private property rights, and t-he S't~te'¢SV~'rnment that's trying to take the land
away from them, and you'll know further by watching the local papers what the
outcome is. Thank you.
SUPERVISOR MURPHY: Thank you, George. Ruth?
COUNCILWOMAN OLIVA: Thank you, Frank. I, also, agree with Jean. I was
very delighted to see that the State is coming in with an educationa program for
the whole conservation of water. I have been involved with the water situation
for nine years. I'm delighted the State is finally coming into it, and I hope that
with the cooperation of the Water Advisory Committee, we can also devise some
sort of home grass roots educational program to implement their own. So I was
delighted td see it. On February 14th, I also, attended the Inland Waterways
Committee with Ellen, where we did discuss perhaps using the Marine Science Center
as a hatchery, and we will be looking into that further. On February 14th, we
had the Open Space Committee meeting, an~t Ken Koetzner was there from the
DEC, who explained about the 1972 Bond Act money which is either permitted
or has been spent, and that he is asking the Town or the Open Space Committee
if they have any type of a wish list for 1986 Bond Act money, there is still monies
available. We, also, discussed a few other properties that were under consideration,
and some of the good people wlere there from Angel Shores to express their concern
with especially Angel Shores Io It is a very fragile piece of property, and if
there was anything that the Open Space Committee could do to help 15'reserve it,
and a very interesting fact was brought out in that meeting, that there has been,
and we received notification of it, a very rare species of eastern red cedar that
is not found anywhere else, and I think we encouraged them to bring this to the
attention of the DEC, the Planning Board, Nature Conservancy, The Natural Heritage
Program, anybody else they could think of, because that one piece of property
should really be preserved. It's extremely fragile, and I think, we assured them
the Open Space Committee would help them in any way that they could, or if there
was some sort of joint acquisition program, that while we did not have that much
money on the Open Space Bond Act, that certainly we will be willing to commit
some funds if it could be purchased by the DEC, and we would work with them
in any way that we could possible could. On February 15th, I, also, attended
the Housing Committee meeting, which Jean has reported on. On February 15th,
! attended the Commerce and Industry Committee meeting, which George has reported
on. On February 16th, we all attended the composting informational meeting with
H2M, and our consultants, our bond counsel. On February 18th, I was very privi-
ledged to participate in the annual Fireman's Parade in Greenport, and it was
a wonderful parade, and even a couple of companies from Connecticut came over,
and it was a very enjoyable day and not too cold either. On February 19th, I
also journeyed to New York to attend the Association of Towns meetings. I attended
two different meetings on garbage, which is everybody's favorite subject. I,
also, attended some meetings with planning and zoning, because I think that as
a Town Board, we are involved in zoning and therefore should know as much about
planning as possible, and some of these would be just applicable to Planning Board
members, and I will deliver to them what I found out, but there was, also, a whole
section in environmental review and rezoning requests, and this was really about
what we call the SEQRA process, the State Environment Quality Review Act, which
I'm sure all of you out there are getting involved in with draft environmental impact
statements, comments and so forth and so on. It was very interesting, and 1
think it should have been put on a Town Board level, because they did go into
SEQRA, and I must compliment Jay Schondebare, because most of the people in
the room, when they mentioned SEQRA raised t.heir hand, and said, please can
we have a three day workshop on SEQRA, we really don't know what it's about.
And Jay has given us several workshops on the SEQRA process, and I think we're
really quite well informed. It was a very interesting experience. Yesterday,
February 27th, we had an informational meeting about our self-insurance, which
I attended. I, also, attended, yesterday afternoon, some interviews for our
Conservation Advisory Council, and some custodians. Last night, I attended the
Greenport Utility meeting, and I have been more or less a laison between the
Utility Committee and the Town, Water Advisory Committee, and the Town Board
for the past several years. I think that's it. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ruth. As you can see your Councilpeople
have been wprking extremely hard as always. I'd just like to mention a couple
of others that haven't been addressed. Two of them are on public notices, that
are on your agenda today, and one is, tomorrow is the last day. Anyone who
knows of a Vietnam vet, who would like to participate in the Agent Orange payment
program. Tomorrow is the last day for filing. We have the phone number. If
.you know of anyone in your families, who are interested or would be affected
by this, please be sure they register. This has been reopened twice, and more
than likely, it will not be reopened, again, for any cases. So if there's anyone
questionable, please call here. We could get you the number, very easy to do.
And the other is there's a new Federal program that's been ex~panded, and it's
to many families in Southold Town will be eligible for this. It's an earned income
tax credit. A family must earn less than $18,576.00, and have at least one child
228
FEBRUARY 28, 1989
at home. We have the information. This money is paid by the Federal government
to assist you, and it's anyone who is involved in it, please be sure to call and
take advantage of it. Also, two weeks ago, I traveled up to Albany with nine
of the ten Suffolk County Supervisors. Our whole message to the State Senate,
and the Assembly was that, you have to help the people on Long Island with their
property taxes. It's getting disgraceful. It is too much of a burden on the
property tax. This is the message we brought to Senator Lombarde, the Finance,
and Senator Cooke, the local government, that the people can not afford this any-
more. We're in a very unique situation in Suffolk County. We're property rich.
It doesn't put food on your table, and doesn't pay your taxes, but we pay far
more taxes, in particular, in the field of education, which is very important that
we educate the children, but we are, the school districts down here are .not being
reimbursed the same way the school districts up in New York State are being --
reimbursed, and this has to change because it's too much of a burden. This was
the only message we brought up, that something has to be done, and I do think
we had some very good comments were made to the various leaders and in Albany,
and hopefully something will come down, even in this year of a very, very tight
State budget. I, also, attended the Association of Towns and ~:ather go on with
what everybody else was saying, the only additional part, we belong to a Association
of Larger Towns in New York State, as well as the Association of Towns, and
our whole lobbying effort there was to bring this message also to Albany, that
somthing has to be done to reduce the property taxes. That it's too much of
a burden for the people down here, in these larger Towns. It's the rural towns
that are really, in upstate New York, that are getting so much additional State
aid, where Towns like us, and we're one of the smaller ones, are not getting
the aid in particular with education. We have our television camera here and
Cablevision is sending out a new program. They are going to expand their basic
service with a very slight rate increase, and also, we've had many, many people
contact my office,in particular sports' fans, to get the Madison Square Garden
channel, and we are negotiating with the Garden. We are starting to talk to
them, and Cablevision, to see if we can put it into the basic service, or at least
into the expanded service. It's quite tough. The only other comment I'd like
to make is on Thursday anyone is welcome to attend. We are going to have a
presentation to other east end towns. We've invited the entire Town Board, on
our composting trip, the advantages of composting, two consultants will be here
to give other towns the experience that we've gone through, the traveling that
we've done, many Board members. We've traveled all over, and I'll guarantee --
you it's going to be the best system around, and will be the answer to the garbage
solution, where it will not be a program that will bankrupt us~ We're very aware
of the cost, and that's how we've been working.
II. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on the agenda, public notices, there are four
of them.
1. Suffolk County Department of Planning, Meeting Notification, February
15, 1989, 9:30 A.M., H. Lee Dennison Building, Hauppauge.
2. N.Y. State Department of Environmental Conservation, Notice of Public
Hearing on Proposed Acquisition of Long Beach Bay Tidal Wetlands in Southold
Town, on March 8, 1989, 2:00 P.M. in Southold Town Hall, Southold, New York.
Written comments by April 10, 1989, to Robert Drew, Chief Administrative Law
Judge, Office of Hearings, NYDEC, Room 409, 50 Wolf Road, Albany, New York
12233-1550
3. Patrick G. Halpin, Suffolk County Executive in regard to filing claims
to participate in the Agent Oranc~e Payment Program. The deadline being March
1, 1989.
4. Office of the County Executive, Patrick G. Halpin, informing working
families withless than $18,576 income of a federal tax credit program.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on the agenda, there are four communications,
and there are no public hearings.
1. William Peters, President, Cutchogue Free Lil~rary Board of Trustees,
in regard to Town support fbr library funding.
2. John Kramer suggesting a multi-town approach to our garbage disposal
3. I<~cl~arct K. Greenfield, of Suffolk Waste Distillation System, pertaining
to the history of the system, and the use of the system at various sites.
4. Joseph A. Clemente, Commissioner Designate of the Department of the
'Aging, inviting nutrition site representatives to attend a luncheon to celebrate
the Fifteenth Anniversary of the Nutrition Programs for the Elderly, on June 15,
1989 at the Royce Carlin Hotel in Melville.
IV. I~,B!I~ I,~' HE, A RI N G S. None.
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to resolutions, and at this time I'd just
like to explain the policy of the Town-Board, that if anyone would like to address
the Town Board on any of the proposed resolutions, you may do so now. We
will have a period of time after we go through the resolutions, and final reports,
by the Councilman to open it up for anyone in the audience, who would like to
address on 'any other subject. So at this time, if anyone would like to address
the Town Board on any of the proposed resolutions, we'll discuss them r~ow, and
if not we'll go on to the reading of the resolution. Anyone on the left? (No
response.) Anyone in the center? (No response.) Hearing none, we'll move on
to resolution number 1, which is a trailer permit renewal.
1.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was
RESOLVED that the application of Zdzislaw Mikolajczyk for renewal of his sinc~le
family house trailer permit, for trailer located on the south side of private road
off of the east side of the Main Road, Mattituck, which permit expired on February
9, 1989, be and hereby is cjranted for a six (G) month period.
1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is to authorize a 1989 Budget Modification to
the Nutrition Fund and General Fund-Whole Town. I offer that.
2.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc~ 1988 Budget modification to the Nutrition Fund and the General Fund -
Whole Town to allocate fund balance emanating from 1985 disallowances charged
to General Town - Whole Town, subsequently paid by County and not reimbursed
to Whole Town:
Nutrition Fund:
Revenues:
To: A1.599 Appropriated Fund Balance $ 3,952.19
Appropriations:
To: A1.9901.9 Transfers to Other Funds $ 3,952.19
General Fund - Whole Town
Revenues:
To: A.2901 Interfund Transfers $ 3,952.19
Appropriations:
To: A.6772.4 Programs for the Aging $ 3,952.19
2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is another Budget Modification, the 1988 Budget,
the Adult Day Care Fund and General Fund - Whole Town. I offer that.
3.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following] 1988 Budc~et modification to the Adult Day Care Fund and the General
Fund - Whole Town to allocate fund balance emanating from 1985 disallowances
charged to General Fund - Whole Town, subsequently paid by County and not
reimbursed to Whole Town:
Nutrition Fund
Revenues:
To: A1.599 Appropriated Fund Balance $ 3,819.13
Appropriations:
To: A1.9901.9 Transfers to Other Funds $ 3,819.13
General Fund - Whole '~own
Revenues:
To: A.2801 Interfund Transfers $ 3,819.13
Appropriations:
To:A.6772.4 Programs for the Aging $ 3,819.13
3.-Vote of the. Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to authorize a Budget Modification to the
Southold Wastewater Disposal District. ! offer that.
4.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj 1988 Budget modification to the Southold Wastewater- Disposal District
to fund overdrawn line items:
230
FEBRUARY 28, 1989
Revenues:
To: SS.2130 Disposal Charges $ 1,500.00
Appropriations:
To: 55.8130.4 Sewage Treatment 6 Disposal $ 1,500.00
4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Superviso~ Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to authorize the purchase of six 1989
Chevrolet 4-door sedans for the Police Department, as per the New York State
bid list.
5.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase of six (6) 1989 Chevrolet 4-door sedans for the Southold Town Police
Department, as per New York State Contract No. 5593, at a cost of $14,061.66
each (total cost $84,370.00), one vehicle to be equipped with prisoner cage (cost
included in the total price); vehicles to be delivered on or about May 15, 1989.
5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is a determination on a chan~e of zone applica-
tion.
6.-Moved by Councilwoman Cochran, seconded by Justice Edwards,
WHEREAS, James L. Gray, Sr., has heretofore applied to the Southold Town Board
for a change of zone from "A-C" Acjricultural-Conservation District to "L-I"'Licjht
Industrial District on certain property located on the northeasterly corner of
County Route 48 and Cox Lane, Cutchogue, New York;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That pursuant to the provisions of Article 8 of the Environmental Con-
servation Law; Part 617 of Title 6 of the New York State Codes, Rules and
Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board,
as lead agency, does hereby determine that the action proposed is unlisted and
is likely to have a significant effect on the environment.
2. That the Town Clerk shall file and circulate such determination as re-
quired by the aforementioned law, rules and code. ~
3. That the Town Clerk immediately notify the applicaht, James L. Gray,
Sr. of this determination, and further request said applicant to prepare a Draft
Environmental Impact Statement, all in accordance with said law, rules and code.
4. In accordance with Chapter 44, Section 20 and Part 617 NYCRR, the
applicant is required to defray the cost of reviewing the Draft Environmental
Impact Statement, which includes a scopincj session, therefore, the Town Board
determines that a deposit of $2,000.00 shall be paid to the Town Clerk prior to
the date of the scoping session.
6o-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is to authorize an advance fee payment for a
Circus/Magic Show.
7.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee payment in the amount of $350.00 for the Saturday, March 4, 1989
Circus/Maqic Show; said check to be made payable to Circus I~ducation Specialists,
Inc.; charge to be made to A7320.4, Joint Youth, Contractual Expenses.
7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to authorize the Town Clerk to advertise
for summer lifeguards, beach attendants, and water safety instructors. I offer
that.
8.-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 summer employees: namely Lifeguards,
Beach Attendants, and Water Safety Instructors; said charge to be made to
A7180.4, Beaches, Contractual Expenses.
8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is authorize the Town Clerk to advertise
for spring program instructors, namely a Tennis Instructor and a Remote Control
Car Instructor. I offer that.
FEBRUARY 28, 1989
231
9.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authori2es and
directs the Town Clerk to advertise for sprin9 program instructors; namely a
Tennis Instructor and a Remote Control Car Instructor; said charge to be made
to A7020.4, Recreation Administration, Contractual Expenses.
9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to authorize the signing of an Airport
Layout Plan.
10.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to sign the Airport Layout Plan drawings
for Elizabeth Field Airport, Fishers Island, which drawings were prepared by
the engineering firm of Calocerinos & Spina, Liverpool, New York.
10.-Vote of the Town Board: Ayes: Councilwoman. Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is to execute another application.
11.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was,
RESOLVED that the Town Board of the Town Of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an application to the New York
State Office for the Aging for a Recreation Program for the Elderly grant which
will provide $2,119.50 in State aid for bus transportation and destination fees
for senior citizen day trips, as well as costs pertaining to RSVP charges for gas
for vehicles, telephone costs, maintenance of vehicles and insurance; program
period April 1, 1989 to March 31, 1990.
11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to authorize a 1989 Budget Modification
to the General Fund - Whole Town. I offer that.
12.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold'hereby authorizes the
following 1989 Budget modification to the General Fund - Whole Town to create
a line item for Community Development office expenditures:
To: A8660.4 Community Development, Contractual Expenses $250.00
From: A8660.1 Community Development, Personal Services $250.00
12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to adopt a Records Retention and Disposition
Schedule MU-1 in the Town. I offer that.
13.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED by the Town Board of the Town of Southold that Records Retention
and Disposition Schedule MU-l, issued pursuant to Article 57-A of the Arts &
Cultural Affairs Law, and containing legal minimum retention periods for municipal
government records, is hereby adopted for use by all municipal officers in dis-
posing of municipal government records listed therein, and be it
FURTHER RESOLVED that in accordance with Article 57-A:
(a) only those records will be deposed of that are described in Records
Retention and Disposition Schedule MU-I after they have met the rnin'mum retention
period prescribed therein;
(b) only those records will be disposed of that do not have sufficient
administrative,, fiscal, legal, or historical value to merit retention beyond established
time periods,and be it
FURTHER RESOLVED that this resolution supersedes prior resolution adopted by
the Town Board on August 13, 1980 at which time Schedule 19-TC-1 was adolSted.
13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman' Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to authorize the Town Clerk to go to bid.
14.-Moved by Councilwoman Larsen, 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 one (1) Mowing
Tractor for the Highway Department.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Counbilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is another trailer permit renewal.
15.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Frank Sawicki for renewal of his single family
house trailer permit, which trailer is used to house farm help under the 4-H
Program, and is located on the north side of Old North Road, Southold and which
permit expires on March 23, 1989, be and is hereby granted for a six (6) month
period.
15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to hire Planner David Emilita.
Amended 5/23/89, Resol. #5
16.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Planner David Emilita, at a cost not to exceed $500.00, to reveiw
the Lonc~ Environmental Assessment Form with respect to the petition ~f Tho~r~s
Thompson for a chancre of zone; said review to include applicant's Part I, prepare
a Part II and III, draft a proposed declaration, including a field inspection; the
cost of said review to be paid by the applicant prior to the commencement of the
review.
16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is to transmit the above application~of Thomas~
Thompson by the Town Clerk to the Southold Town Planning Board and Suffolk
County Department of Planning. I offer that resolution.
17.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, a petition has been received from Thomas Thompson for a chancje of
zone on certain property located on the northery side of County Route 48, east
of Cox Lane, Cutchogue, New York, from "A-C" Agricultural-Conservation District
to "L-I" Light Industrial District; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is directed to transmit this
petition to the Southold Town Planning Board and the Suffolk County Department
of Planning, all in accordance with the Southold Town Code and the Suffolk County
Charter.
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olivaf
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is to accept a resignation.
18-Moved by Councilwoman Larsen, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Marion O'Connor as a Senior Day Care Worker,
effective February 9, 1989.
SUPERVISOR MURPHY: With our thanks.
COUNCILWOMAN LARSEN: Thank you, Marion.
18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to accept the resignation of John Osgood
as a Nutrition Program worker, EISEP Aide, and Brief Respite Aide, with our
thanks, effective February 24, 1989.
19.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of John Osgood as a Nutrition Program worker, EISEP
Aide, and Brief Respite Aide, effective February 24, 1989.
19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to authorize a bond resolution for the pur-
chase of a sweeper and a payloader for the Highway Department. I o~fer that
resolution.
20.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva
BOND RSOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY
28, 1989,AUTHORIZING THE PURCHASE OF A SWEEPER AND A PAYLOADER FOR
USE BY THE TOWN HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM
COST THEREOF IS $170,000,APPRg~RJAT!NG SAID AMOUNT THEREFOR, AND
AUTHORIZING THE iSSUANCE OF:$i~';~0 SERIAL BONDs OF SAID TOWN TO
FINANCE SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOULD, IN THE COUNTY OF SUFFOLK,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds
of all the members of said Town Board) AS FOLLOWS:
Section I. The Town of Southold, in the County of Suffolk, New York
(herein called "Town"), is hereby authorized to purchase (i) a sweeper, at the
extimated maximum cost of $90,000, and (ii) a front end payloader, at the esti-
mated maximum cost of $80,000, for use by the Town Highway I~epartment. The
estimated maximum cost of said specific objects or purposes, including preliminary
costs and costs incidental thereto and the financing thereof, is $170,000 and said
amount is hereby appropriated therefor. The plan of financing includes the issuance
of $170,000 serial bohds of the Town to finande said appropriation, and the levy -
and collection of taxes on all the taxable real property in the Town pursuant to
the provisions of the Highway Law, constituting Chapter 25 of the Consolidated
LaWs of the State of New York, to pay the principal of said bonds and the interest
thereon as the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal amount of $170,000,
are hereby authoriZed to be issued pursuant to the provisions of the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York
(herein called "Law") to finance said appropriation.
Section 3. The following additional matters are hereby determined and
declared:
(a) The period of probable usefulness of said specific objects or purposes
for which said $170,000 serial bonds authorized pursuant to this resolution are
to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen
(15) years; however, the proposed maturity of the serial bOnds authorized pursuant
to this resolution or any bond anticipation notes issued in anticipation thereof
shall not exceed five (5) years from the original date of issuance of such obliga-
tions.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with Section
107.~00 d. 4 of the Law.
(c) The proposed maturity of the bonds authorized by this resoltuion will
not exceed five (5) years.
Section 4.' Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bo~ds shall contain
the recital of validity as prescribed by Section 52,00 of the Law and said bonds
and any notes issued in anticipation of said bonds, shall be general obligations
of the Town, payable aS to both principal and interest by general tax upon all
the taxable real property within the Town without limitation of rate or amount.
The faith and credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be made annually in the
budget of the Town by appropriation for (a) the amortization and redemption of
the bonds and any notes in adticipation thereof to mature in such year and (b)
the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section 30.00 relative to the authorization of the
issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, form and contents and as to
the sale and issuance of the bonds herein authorized and of any bond anticipation
notes issued in anticipation of said bonds, and the renewals of said notes, are
hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution and of
any notes issued in anticipation of the sale of said bonds, may be contested only
if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resoltuion are not substantially complied with,
and an action, suit or proceeding contesting such valid!ty, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This bond resoltuion shall take effect immediately~ and the Town
Clerk is hereby authorized and direct to publish the foregoing resolution, in full,
together with a Notice attached~insub~tantially the form prescribed by §81.00 of
the Law in "THE LONG ISLAND TRAVELER-WATCHMEN," a newspaper published
in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper published
in Mattituck, New York, each having a general circulation in the Town and hereby
designated the official newspapers of-said Town for such publication.
20.-Vote of the Town Board: Ayes: COuncilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to authorize the adverti~ina fnr hid.
21.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of one (1) Street
Sweeper for the Highway Department.
21.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to authorize the Town Clerk to advertise
for bids for the purchase of one front end loader for the Highway Department.
I offer that.
Amended 4/25/89- Resol. #31
22,-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 one (1) Front
End Payloader for the Highway Department~
22o-Vote of the Town Board: Ayes: Councilwoman'Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is to authorize a part-time freight agent on
Fishers Island.
23.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to employ the services
of Victoria L. Orr as a part-time Freight Agent, effective immediately, at a salary
of $6.00 per hour.
23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to authorize the Board of Commissioners
of the Fishers Island Ferry District to adopt Records Retention and Disposition
Schedule MU-1. I offer that.
24.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to adopt Records Re-
tention and Di's.oosition Schedule MU-l, issued pursuant to Article 57-A of the
Arts & Cultural Affairs Law, containinc~egal minimum retention periods for local
government records, and be it further
RESOLVED that in accordan~ewith Article 57-A:
(a) only those records will be disposed of that are described in Records
Retention and Disposition Schedule MU-1 after they have met the minimum retention
period prescribed therein;
(b) only those records will be disposed of that do not have sufficient admin-
istrative, fiscal, legal, or historical value to merit retention beyond established
time periods.
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to grant permission to [he Fishers Island
Ferry District to go to bid.
25.-Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, the Fishers Island Ferry District is to receive $200,000.00 under terms
of New York State Department of Transportation Capital Grant Agreement C880031
PIN 0756.15, said funds [o utilized for the replacement of seven (7) pile dolphins
at the entrance to Silver Eel Cove, Fishers Island, New York; and
WHEREAS, draft of Proposal, Contract, General Conditions, Supplementary Conditio
and Technical Specifications for Replacement of Pile Dolphins, Silver Eel Pond,
Fishers Island, New York prepared by DiCesare-Bentley Engineers, Inc., 100
Fort Hill Road, Groton, CT 06340 have been forwarded to New York State DeF~art-
ment of Transportation, Albany, and New York State Department of Transportation
Regional Planning and Development, Hauppauge, New York, for review and
approval; and
WHEREAS, once approved, the project will be ready to be bid; now, therefore,
be it
RESOLVED that the Board of Commissioners of the Fishers Island Ferry District
be and hereby are granted approval to advertise for bids at such time as approval
of the New York State Department of Transportation is received.
25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, .Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26,g,a,:{eso!ution terminating the employment
of Bay Constable Alfred P. Schaffer; with regret. I offer that resolution.
26.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva,
WHEREAS, Alfred Po Schaffer was appointed as a Bay Constable and part-time
Police Officer by a resolution of the Southold Town Board on December 27, 1988;
and
WHEREAS, the Suffolk County Department of Civil Service by their letter of
February 23, 1989 advised the Town Board that Alfred P. Schaffer was not qualified
and not eligible for appointment as a Bay Constable; now, therefore, be it
RESOLVED that Alfred P. Schaffer be and hereby is terminated and discharged
from his appointment as Bay Constable and part-time Police Officer, effective
immed!.ately.
26.-Vote of the Town Bbard: Ayes: Council~6man Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is to authorize a temporary trailer for Joseph
and Eileen Santora.
27.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Joseph & Eileen Santora for permission to locate
a sinc~le family house trailer on their property at 675 Mulford Court, Orient, said
trailer to be located at the building site of a new home under construction and
to be used by the architect and contractor and part-time night watchman, be and
hereby is granted, and shall expire as sonn as the house under construction is
occupied. However, this permit shall not extend past August 28, 1989.
27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is to authorize the sale of three Town-owned
parcels in Orient to the DEC under their Wetlands Acquisition.
28.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
sale of three (3) Town-owned parcels of land at Orient to the New York State
Department of Environmental Conservation.
28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Supervisor Murphy. Nos: Councilman Penny, Councilwoman Cochran, Justice Edwards.
This resolution was declared duly LOST.
SUPERVISOR MURPHY: Number 29 is the selection of Daneco for negotiation for
the construction and operation of a composting facility in Southold Town. I offer
that resolution.
29.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY
28, 1989, SELECTING DANECO, INC. AS THE VENDOR WITH WHICH THE TOWN
WILL INITIALLY NEBOTIATE FOR THE CONSTRUCTION AND OPERATION OF A
COMPOSTING FACILITY TO DISPOSE OF THE TOWN'S SOLID WASTE.
WHEREAS, the Town is authorized pursuant to Section 120-w of the New
York General Munic, ipal law ("Section 120-w") to issue and the Town has issued
a request for proposals (th "RFP") for the design, construction and operation
of a solid waste management-resource recovery facility; and
WHEREAS, the Town and its independent professional consultants have
thoroughly evaluated the proposals and post-proposal clarifications received from
the vendors in response to the RFP;
NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, iN
THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section I. The Town hereby authorizes the commencement of contract nego-
tiations with Daneco, Inc. for the construction and operation of a composting
facility to dispose of the Town's municipal solid waste. The contract negotiations
whall be directed by the Town Supervisor with the assistance of the Town Attorney
and the independent professional,consultants, and shall, be based upon the RFP
and the proposal and post-proposal submittances made by Daneco in response
thereto.
Section 2. The negotiations shall be conducted with a view toward presenting
a proposed contract for the consideration of the Town Board as soon as reasonably
practicable pursuant Lo Section 120-w and in accordance with the requirements
of the State Environmental Quality Review Act. The Town Supervisor shall report
to the Town Board from time to time as to the progress of the negotiations. The'
Town Board reserves the right, in accordance with Section 120-w and the RFP,
to dicontinue negotiations with Daneco, Inc. and begin negotiations with another
vendor or vendors submitting favorable proposals to the Town as part of its
procurement process.
Section 3. This resolution shall take effect immediately.
236
FEBRUARY 28, 1989
COUNCILMAN PENNY: I'd like to make a comment at this time. I'll be abstaining
on this particular resolution. I'm not necessarily opposed to the overall program
of composting, however, I feel that there has not been a full economic evaluation
of the direction the Town is going, and I don't feel comfortable at this time,- going
in this direction, which will be a major project in Southold Town. (Change tape)
Originally, when we discussed compos~ing, we were talking, this is less than two
years ago, the $2,000,000.00 project, that was going to cost the Town $630,000.00
a year to run. Costs have grown, if you've read in the local papers, and anywhere
six and eight million dollars is now the new figure, and projected operating costs
annull¥ of $2,500,000.00 to run just the composting plant. The difficulty I have
with that, is that composting only addresses about 40% of the waste stream. Some-
where along the line, we have to consider all of the other factors. We have not
done a full economic evaluation, and there has been no impact study done on how --
this is going to impact on the taxpayers of Southold Town. I think the lessons
that we learned from dealing with the County, and letting the County blindly charg'
ahead with us in the last year, has probably lead us to some of the most catastrophic
tax increases that we've had in this area in a long time, and I just want to make
absolutely sure before I vote on any portion of this solution to our landfill problems,
that we're not doing the same thing to the Town locally. Composting in itself
is good, however there is no guarantee that we will recoup any of the money from
this, because there is no guarantee that the compost is saleable Also, the composting
system that the Town is about to vote on does not handle recyclables. There
is no recycling. It was part of their proposal. As far as that goes, the State
of New York is requiring 40 to 50 percent recycling, and I feel that the Town
is going to missing out on a major chance to recoup some of the funds in this
direction. Also, in absence of our studies, is a regional approach with the DEC
in Brookhaven. Tomorrow at noon I'm meeting with Henrietta Acampora to find
out what the DEC is actually proposed in Brookhaven. I'm not suggesting that
we go swing 100 percent in this direction, but I feel it's responsible as a local
official, to go and investigate what the other Towns are doing, especially seeing
as the DEC has endorsed a resource recovery incinerator in Brookhaven Town,
and it's prepared to back it with six million dollars in funds. Two years ago,
this was completely unheard of. The DEC was making suggestions all over the
place, but they weren't prepared to back it, or endorse any of them. Now the
time has come. They have put their money where their mouth is, and I feel that
thins another one of the avenues, that should be checked into before we make a
choice, so I'll be abstaining on this vote. Thank you.
SUPERVISOR MURPHY: Anyone else like to comment?
CDg~'C~I~I~QM~,N'~Q;Ej~A: Yes. I would just like to say that I disagree with George
as far as just 40% of the waste stream will be composted, because actually corn-
posting is being considered as recycling, and therefor it is mandated that the
State that 50% of the waste stream has to be recycled. So composting is part of
it, but it does behoove us. Maybe, they'll have a recycling thing set up in front
to begin with. But I think the Town will be doing into recycling because the
more you pull out of a waste stream before hand, the better your compost product
is going to be, and at least with a compost product there is the possibility and
probably probability of being able to sell that product to nurserymen and sod
farmers, etc. Whereby if you have an incinerator, which is double or triple the
cost, and you would still have to consider the cost of trucking to say, Brookhaven
and what have you. It just goes up in smoke. There are still problems with
dioxin in the air. There are still problems with the ash, is considered toxic.
Where to decide to put that in the landfill, or where to decide, or these people
that are sending it out of state. For instance, Oyster Bay, I think, their Town
budget is something like $42,000,000.00 a year, and in order to send their garbage
out of state is costing $46,000,000.00 a year. So to me, composting is a very simple
way to go in rural, agricultural area such as we. Thank you.
SUPERVISOR MURPHY: I'd like to make a few comments. I couldn't disagree
with Councilman Penny, all the more, and that composting is a d~inate way to
go. The only difference with that, with incineration,composting will remove the
exact same waste stream that incineration will do, except the plastics. The plastic
will be recycled out. There will be no more than, according to the contract and
the bid we have, no more than 15% of the waste will be going into the Landfill.
So we will have almost 100% recycling. Compost is saleable, and it is neccessa~-y,
and really is the best way to go. We are returning to the earth the very material
that was taken out of it, and improving the soil structure. Anyone else like to
comment?
COUNCILWOMAN LARSEN: The only thing I'd like to say on the regional plant,
that the DEC has proposed to put up $6,000,000.00 in funds, that is a, $125,000,000.
plant, when it's all through. Eric Peterson, who did speak with us .... and this
wasn't., and this is our legal advisor7 said that for the past ten to fifteen years,
a regional approach for muncipa! garbage has been discussed with the five towns,
with the East End Towns, or with towns themselves on Long Island. And it has
been discussed in the past, but it has never worked out. H~ has no reason to
believe that it would even work out now. We will be ta~ing sludge from our
FEBRUARY 28, 1989 2 3 7
scavenger waste plant to facilitate the formation of the composting. We will be
looking for sludge markets from 0th~ ~bWns' to facilitate the compost material,
and I woul like, Frank, rather than just to move, I would like to read this ~esolution.
I think it should be read. (The resolution was reread by Councilwoman Larsen.)
SUPERVISOR MURPHY: Any other comments? I~ay?
JUSTICE EDWARDS: Thank you. To begin with, on my trips over across, I
saw a Daneco installation. It's very nice. I, also, saw some of the other installa-
tions over there using the Dano process, which is very similar in name, which
I personally believe that the Dano is better than the Daneco. I question the
problem with putting toxic ash back into a lined landfill, you're going to have
the same problem with putting the residue from the composter back in the ground.
Matter can either be created or destroyed, and so it's got to go back into the
ground. I believe in composting, yes, but I, also, believe in incineration, because
what's left over from composting should go into incineration. I agree with the
five Town major project in Brookhaven. George and I voted to go along with
that, a month or so ago, and regarding this resolution today, we had two of the
other companies that we were negotiating with, that came in, and they're all
sharping their pencils to come in with a better price. I think just by putting
this one, going into negotiations with Daneco, even though at the end we can
change our mind, but I think it's too premature to go with Daneco. I think you
should look at the offers of the others. As Frank says, the compost can be put
back into the ground. That's true, it should be put back into the ground. We're
going to save. it, and it's going to make the soil healthy, but what can you use
that soil for. You're not going to be able to use it for farming. Nursery stock,
yes. If you own a nursery, wonderful. Buy all the stuff you can, but the
farmers won't be able to use it. Won't be able to use it to cap our landfill 'with,
and whether or not, how much the DEC is going to let us use it with the end
product, is questionable, too. So that's why I'll be voting, no, on this resolution.
Thank~you, Frank.
SUPERVISOR MURPHY: Thank you, Ray.
COUNCILWOMAN COCHRAN: I would like to make a comment. I think it's unfortu-
nate, there are some things as an elected official, I feel that should not be political.
That it should be a issue that the Town Board studies, investigates, and makes
the best possible decision for the benefit of the people of SouIhold. Over three
years ago, the Southold Town Board voted to go in the direction of composting.
I supported it then. I support it now. I think it's our best solution to solving
our muncipal solid waste. We have a distance to go yet, as far as neqotiations
are concerned, but we made the decision more than three years ago t~ go in this
direction. I think the people that have served on the Board, the majority of them
have taken the time to go view, to investigate, to learn as much as we possible
can. This is a very serious decision. I know it weighs heavy on my shoulders.
It's going to be committing the Town of Southold to millions of dollars. This is
mandated by the State, yes, and it's 'something we have to do, yes, so we're looking
for the best possible technology and the best possible solutions to our problems,
and we've been going in the direction of compost, and still support that direction.
Thank you.
SUPERVISOR MURPHY: Thank you. Judy?
29.-.Vote of the Town ~oard: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
woman Cochran, Supervisor Murphy. Abstain: Councilman Penny. No:Justice Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is a single family house trailer permit
30.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the application of John Eberhardt for permission to locate a single
family house trailer on his property at 1325 Park View Lane, Orient, said trailer
to be located at the building site of a new home under construction, and to be
used as a construction trailer, being and hereby is granted, and shall expire
as soon as the house under construction is occupied. Nowever, this permit shall
not extend past August 28, 1989.
30.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is to authorize the installation of an office
trailer at the Dog Pound.
31.-Moved by Councilwoman Oliva, 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 enter into ;~ lease agreement between
A to Z Equipment Corp. and the Town of Southold for a 10x40 office trailer for
use by the North Fork Animal Welfare League, Inc. at the Southold Town Dog
238
31
FEBRUARY 28, 1989
Pound'; monthly rental of $275.00, security deposit of $275.00, round-trip trans-
portation cost of $240.00, block and level cost of $350.00, and connection costs
for utilitigs will be paid by the Town of Southold.
.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is to accept a dedication.
COUNCILMAN PENNY: I've asked to read this, because about a year ago, from
Fishers Island, and I was working with the previous Town Attorney, Frank
Yakaboski, at the request of the West Creek Property Owners Association, requested
this district. I made several phone calls while visiting Judge Edwards on Fishers
Island. We spent a lot of time personally working on this. It's taken a year
or so. I know that the people of the West Creek Property Owners Association
will be very happy with this resolution. We've already had the public hearing
on it, and they're going to get their roads' fixed up. It's going to an expense
to them, which they realize, but it's at their request, and I'm honored to read
this resolution.
32.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, West Creek Estates Property Owners Association Inc., has made applica-
tion to the Town Board of the Town of Southold to dedicate certain roads in
Southold, New York, knowns as GLENN ROAD and SHEPARD DRIVE, as shown
and designated on a certain map entitled, "Map of West Creek Estates at Southold"
Town of Southold, Suffolk County, New York, surveyed by Otto W. VanTuyl and
Son, Licensed La~d Surveyor, Greenport, New York, dated January 28, 1~963, and
WHEREAS, the Southold Town Superintendent of Highways has inspected said high-
way and has advised the Town Board that he determines and orders that said
highway shall be laid out in the Town.
NOW, THEREFORE, BE IT RESOLVED that in accordance with Section J~l of the
highway Law of the State of New York, consent be and the same is given ~o the
Superintendent of Hicjhways to make an order laying out the aforesaid highway,
to consist of lands described in said application as shown on certain maps attached
to said application, and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to forthwith cause the dedication, release and deed to be recorded
in the Office of the Clerk of the County of Suffo}k, New York.
3;!. -Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33 is to authorize improvements to Glenn Road and
Shepard Drive. I offer that resolution.
33.-Moved by Supervisor Murphy, seconded by Justice Edwards,
RESOLUTION FOR STREET IMPROVEMENT: IN THE MATTER OF THE PETITION
OF THE OWNERS OF MORE THAN ONE-HALF OF THE REAL PROPERTY FRONTING
ON GLENN ROAD AND SHEPARD DRIVE FOR THE IMPROVEMENT OF SAID ROADS:
WHEREAS, a written petition dated July 26, 1988, was duly filed with this board
requesting the permanent improvement of highways in this Town knows as Glenn
Road and Shepard Drive and described as follows: All that certain piece or parcel
of land, with the buildings and improvements thereon erected, situate, lying and
being at Southold, Town of Southold, County of Suffolk and State of New York,
known and designated as Glenn Road ~nd Shepard Drive, and bounded and described
as follows:
1. GLENN ROAD: Beginning at a point on the easterly line of Main Bayview
Road at the northwesterly corner of lot no. 1 shown on "Map of West Creek Estates"
filed in Suffolk County Clerk's office as map no 3848; running thence along said
line of Main Bayview Road North 26 degrees 06 minutes 30 seconds East - 50.23
feet to land of Polywoda; thence along said land Polywoda, along certain lots shown
on said filed map, and along the westerly line of Sleepy Hollow Lane 10 courses:
{1) South 69 degrees 19 minutes 10 seconds East -200.90 feet; thence (2) South
66 degrees 31 minutes 30 seconds East -680.90 feet; thence (3) northeasterly on
a curve to the left having a radius of 79.83 feet, a distance along said curve_
of 100.05 feet; thence (4) North 41 degrees 40 minutes 00 seconds East -269.49
feet; thence, (5) South 75 degrees 09 minutes 30 seconds East -363.13 feet, thence
(6) Noi-th 87 degrees 30 minutes 00 seconds East -186.46 feet; thence (7) North
74 degrees 00 minutes 00 seconds East~ -345. 00 feet; thence (8) North 87 degrees
30 minutes 00 seconds East -314.18 feet; thence (9) South 80 degrees 30 minutes
00 seconds East -152.72 feet; thence (10) South 26 degrees 17 minutes 40 seconds
East -279.26 feet to West Creek; thence along said West Creek South 86 degrees
33 minutes 50 seconds West -100.00 feet to lot no. 25 shown on said map; thence
along said lot 25 and along certain other lots shown on said map 10 courses; (1)
North 15 degrees 11 minutes 30 seconds West -218.91 feet; thence [2) North 80
degrees 30 minutes 00 seconds West -121.88 feet; thence (3) South 87 degrees
30 minutes 00 seconds West -303.00 feet; thence (4) South 74 degrees 00 minutes
00 seconds West -345,00 feet; thence (5) South 87 degrees 30 minutes 00 seconds
FEBRUARY 28, 1989
239
West -200.00 feet; thence (6) North 75 degrees 0.9 minutes 30 seconds West -340.0
feet; thence (7) South 41 degrees 40 minutes 00 seconds West 238.76 feet; thence
(8) southwesterly on a curve to the right having a radius of 129.83 feet, a distance
along said curve of 162.7I feet; thence (9) North 66 degrees 31 minutes 30 seconds
West -679.68 feet; thence (10) North 66 degrees 19 minutes 10 seconds West -204.42
feet to the point of beginning. Said highway being generally 50 feet in width.
2. SHEPARD DRIVE: BeGinning at a point on the northerly line of Glenn Road
at the southeaterly corner of lot no. 44 shown on "Map of West Creek Estates"
filed in Suffolk County Clerk's office as map no. 3848; running thence along said
lot no. 44 and along certain other lots shown on said map four courses; (I) North
26 degrees 06 minutes 30 seconds East -199.90 feet; thence (2) northeasterly on
a curve to the right having a radius of 100.0 feet, a distance along said curve
of 141.20 feet; thence (3) South 72 degrees 59 minutes 30 seconds East -515.00
feet; thence (4) South 50 degrees 16 minutes 40 seconds East -131.86 feet to the
northerly line of said Glenn Road; thence along said line of Glenn Road two courses:
(1) North 75 degrees 09 minutes 30 seconds West -30.75 feet; thence (2) South
41 degrees 40 minutes 00 seconds West -37.09 feet; thence along certain other
lots shown on said map four courses: (1) North 50 degrees 16 minutes 40 seconds
West -92.67 feet; thence (2) North 72 degrees 59 minutes 30 seconds West -504.96
feet; thence (3) southwesterly on a curve to the left having a radius of 50.0 feet,
a distance along said curve of 70.60 feet; thence (4) South 26 degrees 06 minutes
30 seconds West -197.60 feet to the northerly line of said Glenn Road; thence
along said line of Glenn Road North 66 degrees 31 minutes 30 seconds West -50.05
feet to the point of beginning. Said highway being 50 feet in width.
WHEREAS, said petition was duly signed by owners or real estate owning real
estate to the extent of at lea one-half of the entire frontage or bounds on both
sides of such highway and also signed by resident owners residing in or along
such highway, and
WHEREAS, the said petition was duly acknowledged or proved as to each signer
in the same manner as required of a deed to be recorded, and
WHEREAS, at a meeting of said Town Board duly called and held on December
13, 1989, an order was duly adopted by it and entered in its minutes, recitinq
the filing of such peition, the improvement proposed and the maximum amount
proposed to be expended for the improvement as stated in such petition, to wit,
the sum of $40,000.00 and specifying that the said board would meet to consider
the petition and hear all persons interested in the subject thereof concerning the
same, at the Southold Town Hall, at Southold in said Town on the 10th day of
January, 1989, at 8:00 o'clock in the evening of that day fore,the purpose of con-
sidering the said petition and hearing all persons interested in the subject thereof
concerning the same, and
WHEREAS, the said order, duly certified by the Town Clerk, was duly published
and posted as required by law, and
WHEREAS, a hearing was duly held by this Town Board at the place and on the
date and time hereinbefore mentioned, and at such palce and time, the said Town
Board did duly consider the said petition and hear all persons interested
NOW, THEREFORE, after such hearing and upon evidence given there at and
pursuant to the provisions of Section 200 of the Town Law of the State of New
York, it is hereby
RESOLVED that this board does hereby determine that it is in the public interest
to make the improvements petitioned for, to wit: The permanent paving of thC
highway set forth in said petition and the construction of such curbs, gutter,
catch basins and drainage facilities as may be necessary; and it is further
RESOLVED THAT Sidney B. Bowne & Son, as engineer for the Town, shall prepare
definite plans and specifications and make a careful estimate of the expenses for
the performance of the work; and it is further
RESOLVED that Peconic Land Surveyors, who are hereby employed for that purpose
shall survey said highway and establish the lines and grades thereof and such
survey and a profile of the grade shall be filed in the Town Clerk's Office; and
it is further
RESOLVED that upon the completion of the aforesaid plans, specifications, estimate
of expenses, survey and profile of the grades, that the Superintendent of Highways
perform said work by using regular hicjhway employee~ and that the cost thereof
to be deemed a part of the expense of the improvement.
33.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,.
Councilman Penny, Councilwoman Cochran, Justice Edwal'ds, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 34 is-to appoint Stephen Angell to the Conservation
Advisory Council.
34.-Moved by Councilwoman Oliva, seconded by Councilwoma_n Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Stephen
E. Angell a member of the Conservation Advisory Counci, effective immediately
through June 18, 1989 to fill the unexpired term of Heather Tetrault.
34.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman'Oliva, -
CounciLwoman Cochrar~, JQ~stice Edwards, Supervisor Murphy. Abstain.: Councilman
Penny.
This resottuion was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35 is a resolution supporting the reinstatement
of funds for the Division for Youth in 1989-90 New York State proposed budget.
35.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to send letters to the Governor and our local State
Assembly and Senate representatives expressing concern re~ardin~ the State
proposed budget for 1989-90 for the Div'sion for.Youth in the area of youth
serwces and recreation, for the proposal to repeal Executive Law 19A, Section
420, which would abolish a 40 year partnership between the State, local governments
and private agencies throughout New York to provide youth development and
prevention services.
35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 36 is to authorize the closing of four Town roads
on Fishers Island for a Fire Department marathon.
36.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Fishers Island Fire Department to close four (4) Town roads on Fishers
Island on May 28, 1989, from 9:00 A.M. to 10:30 A.M. (or until the race is
ended) for the purpose of holding their fund raising marathon, provided they
secure and file with the Town Clerk a Certificate of Insurance naming the Town
of Southold as an additional insured; said roads are: a portion of Equestrian
Avenue from Fox Avenue south to the Grinder Shop, Athol-Crescent from the
Fire House to Union Chapel, Oriental. Avenue from the Post Office to the Fire House,
and the easterly entrance to West Street.
36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 37 is to set 7:45 P.M., Tuesday, March 14, 1989,
for a public hearing on a proposed local law in relation to zoning. I offer that
resolution.
37.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Zoning"; now, there-
fore, be it
RESOLVED that the Town Board hereby sets 7:45 P.M., Tuesday, March 14, 1989,
Southold Town Hall, Main Road, Southold, New York as time and place for a public
hearing on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended
as follows:
1. Section 100-31 (Use Regulations) is hereby amended to read as follows:
"In an A-C, R-80, R-120, R-200 and R-400 District, no building or
premises shall be used, and no building or part of buildincl shall
be erected or altered which is arranged, intended or designed to be
used, in shole or in part, for any uses except the following:"
2. Section 100-31.B(14) (Accessory Apartment) is hereby amended by
adding a new paragraph (q) thereto, to read as follows:
(q) No bed and breakfast facilities, as authorized by Section 100-31B(15)
hereof, shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
3. Section 100.31.B(15) (Bed and Breakfast Facilities) is hereby amended
by adding a new paragraph (b) thereto, to read as follows:
(b) No accessory apartment, as authorized by Section 100-31B(14)
hereof, shall be permitted in or on premises for which a bed --
and breakfast facility is authorized or exists.
4. Section 100-181 (Cluster Development) is hereby amended by adding
a new paragraph O. thereto, to read as follows:
O. Notwithstanding the foregoing, the Town Board may, in its
discretion, accept an offer for dedication to the Town, of the
open space and/or common lands created by the use of the
provisions of this Article.
5. Section 100-281.A (Building Permits) is hereby amended by adding
a new paragraph (7) thereto, to read as follows:
7. An application for a building permit for construction 'on a vacant
lot, which is not on an approved subdivision map, shall be
accompanied by a certified abstract of title issued by a title
company which shall show single and separate ownership of the
entire lot prior to April 9, 1957.
6. Section I00-284.1(d) is hereby amended to read as follows:
(d) Pre-existing dwellings: one hundred dollars ($100.00)
7. Article XXlll (Supplementary Regulations) is hereby amended by
adding thereto a new Section 100-239d to read as follows:
Section 100-239d Building Setback from Water Bodies and Wetlands.
Notwithstanding any other provisions of this chapter, the following
setback requirements shall apply to all buildings located on lots
adjacent to water bodies and wetlands:
A. Lots Adjacent to Long Island Sound.
(1) All buildings located on lots adjacent to Long Island
Sound, and upon which there exists a bluff or bank
landward of the shore or beach r shall be set back
not less than one hundred (100) feet from the top
of such bluff or bank.
(2) Except as otherwise provided in Subsection A(1)
hereof, all buildings located on lots adjacent to
Long Island Sound shall be set back not less than
one hundred (100) feet from the ordinary high-
water mark of Long Island Sound.
B. All buildings located on lots upon which a bulkhead,
concrete wall, riprap or similar structure exists and
which is adjacent to tidal water bodies other than
sounds shall be set back not less than seventy-five
(75) feet from the bulkhead. The following exceptions
will apply.
(1) Buildings which are proposed landward of existing
buildings.
(2) Lands which are not bulkheaded and are subject
to a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of
Southold.
(3) Docks, wharves, pilings, boardwalks, stairs,
promenades, walkways, piers, which are accessory
and separate from existing buildings or accessory
structures.
C. All buildings located on lots adjacent to any freshwater
body shall be set back not less than seventy-five (75)
feet from the edge of such water body or not less than
seventy-five (75) feet from the landwar:EI edge of the
freswater wetland, whichever is greater.
II. This Local Law shall take effect upon its filing with the Secretary of State.
37.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That's the end of our prepared agenda. At this time
I'd like to ask the Councilman, if they have anything further to say, starting
on my right with Ruth. Ruth?
COUNCILWOMAN OLIVA: Thanks. Frank, I know the Angel Shore people are
here, too, because they're very concerned about the water situation down there,
and we will be having a joint meeting, I believe, with the Suffolk County Water
Authority, with the DEC, with the Department of Health Service, and the Village
of Greenport, and I;m sure that is one of the subjects that's going to come up.
I understand and sympathize very greatly with your concerns. We will do every-
thing we can to help you. Thank you.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes. Seeing so many people here from the Hog Neck area,
I'm very sorry, but I was not able to attend the meeting, that was held with our
Open Space Preservation Program. I wasn't notified about that meeting directly.
It was put in my box inside the Town-Hall. I didn't come into the Town Halt
for a couple of days, so I wasn't aware. I would have been more than happy
to have been there, and I hope to be able to attend one of the meetings, that
your group holds in the future. I'd just like to relate ,th a very somewhat disap-
pointing meeting that we had this morning with the DEC on this Orient acquisition.
As you may, or may not know, the Town Board has tried to intercede in this
condemnation procedure on behalf of some of the residents of the community, and
these are the residents of the community of which I spoke before, that have-owned
their properties for upwards of 250 years, and it's, I know the people in your
area, being in the Hog Neck area, can relate to this, because a lot of you probabl.y
own or look out on meadowland behind your houses, What's happening is the
State is going along and saying that, we want to condemn this land, because you
people are not taking good enough care of it. I know that you could relate to
this, if this was happening in your back yard, because the State is kind of putting
themselves in an adversarial position with the community. They're telling the
community that the job they've done for 250 years, and kept the land from
being developed, wasn't good enough. I know if this happened to you, and some-
body threatened to cut off your backyard , and prevent your access to the creeks
and inlets, and the shorelines along the Hog Neck area, and the Angel Shores
area, I know that you would be effected by this also. What we did is, we asked
the DEC to, please, remove these people from the condemnation procedure, and
the only thing that they've acknowledged, and we don't have an acknowledgement
from them yet in writing, but we seem to have, thankfully, for the reports from
some of the newspapers in the area, we understand that they're going to recognize
the Town in some slight way. They may be putting off the condemnation for six
months, but they're going to continue the procedure. Now the condemnation
automatically takes four to six months, anyhow, so really what they've promised --
us is maybe another two months, and I hope through Joe Sawicki's office and Ken
LaValle's office be contacting the DEC tomorrow, and try to get something in
writing from them. The reason I want something in writing is very simple. An
oral arrangement,or an oral agreement, or an oral promise is only as good, I've
been told, as the paper its written on, and so far in ail of our activities, and
all of our pursuits in this area with the DEC, I had a situation about a year ago,
where the regional director of the DEC told Councilwoman Cochran and I, right
to our faces, that they would come and meet with the Town Board and the people
in the community, and all sit down together to hash this out. Two weeks later
in the papers, he denied it, and hung up the phone on me. These people, these
17 families came to the Town Hall and were told by Supervisor Murphy, all you
have to do is say, no,to the DEC. They said, no,to the DEC at the very next
meeting. They said, no, in writing, and they said, no, publicly. They haven't
gotten anything, so far. They're still on the hook. I feel the Town is still on
the hook. There is no guarantee that the DEC, at this point, is going to recognize
the preservation efforts that the Town is going to be going through with these
people over the next six months in time. We may be doing all of this for nought.
The other person that is a great party to this, also, is John Halsey from the
Peconic Land Trust. He has been talking to the DEC, negotiating with the DEC,
and I wish he were here, because he would give you the same feeling of frustration.
I spent an hour with him last might, and he is completely frustrated because the
DEC will not guarantee whether or no[ acknowledge a conservation easement to
a non-profit organization known as the Peconic Land Trust. I hate to see residents
of Southold Town in this predicament, especially when the Town can, and hopefully
will do something about it, and I will be at the public hearing, on the eighth at --
2:00 o'clock, and to speak on behalf of the residents of this C~ommunity, that have
asked for our help. Thank you. ~'
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Yes, I'11, also, be attending the public hearing,
because I have some of the same concerns as George has in relation to the functioning
of the DEC and the land acquisition in Orient. But on the lighter side, Frank,
something came to mind, as I was sitting here. When I was into the Association
of Towns meetings, I attended the session on the bi-cente~fal census, and I keep
forgetting to ask you, if you've had any information come through as yet, because
there are going to be many, many jobs available, when the census is taken, and
they've set it up that you can submit your application, your resume. They will
come down here and interview, because they're trying to get away, years ago
it was like a political plum. You gave these type of jobs in the census to your
friends, so they've.tried to change the whole format, so that anyone from the
community has an opportunity for six weeks. Some jobs last two months, some
shorter, some longer, most longer. The pay isn't too bad, and some people might
want that little bit of pocket change. They did say that a letter would be forth-
coming to the Supervisor's Office. I'm sure that when it does arrive, it would
be shared with the press, perhaps, so they can get this out, and people can
apply with their resumes. They get mailed to Boston. That's the district we going
to be under, but it might be helpful to some people, too. Just a little bit of
income. Thank you.
SUPERVISOR MURPHY: Thank you, Jean. Ellen?
COUNCILWOMAN LARSEN: I wanted to mention to you, .Frank, I've had some
comments from people who have viewed our Town Board'meetings on cable TV,
that they've never sure what date it is that they're watching, so perhaps we
should state the date, February 28, 1989. I think with the informational meeting,
that we are holding on composting next Thursday, I doubt this would be vie~ved
before that, but I would encourage as many people to come. We put together
an evaluation staff. A man named Elliot Epstein, who I would say is 'probably
one of the foremost versed scientist on composting. He had nothing from the
Town Board. We realize that composting like any other garbage disposal problem
is not one hundred percent problem free. Although I did not go to Europe, I
personally didn't feel it was necessary for every Town Board to go there. We
had decided in a meeting that Jean, Frank and Ruth participating would be enough.
I did receive a video tape that was made during their trip, which outlined very
explicitly the functioning of all the facilities, Daneco, and Rydell. I'm
certainly familiar with the operation of composting plant. I think that it will work
in the Town of Southold. ~11o matter What you do. They told Sewardwhen he
wanted to bu?Alaska for forty millions dollars from Russia, that he was a jerk.
What would have happened if we didn't own Alaska today? So there's always that
negativism, when something new is tried, and yes, it is a new technology in the
United States Yes, once again, with our STOP Program, that has been very
successful, we are in the forefront. I think we've done a lot of research on it.
I've certainly involved in it thoroughly, from the first year on the Town Board,
although once again, I have not traveled, but I have been privy to all the informa-
tion as all the Town Board members are. Regarding the DEC, Hallock's Bay
acquisition, yes, many of the land owners in Hallock Bay have owned it for 250
years. No, many of them have not owned it for 250 years. I hope and I believe,
that the Peconic Land Trust and the DEC will work out a solution. The DEC,
this property was slated for acquisition by.the State in 1972, and with EQB monies.
Probably many of the land owners will settle. It's not being condemned. It's being
offered to be purchased. Just as you saw' today, at this Town Board meeting,
the DEC would like to purchase approximately, I think, six and a half acres that
the Town owns, that is totally tidal marsh, around Gibbs Island. As you know
a great uproar went up when that parcel was to be developed. In Hallock's Bay,
the State had issued a permit and later rescinded the permit, and used the
procedure of eminent domain and is now acquiring the property. The State will,
also, use eminent domain on the Town to acquire four acres of wetlands. I believe
that we could take this money. It's not much. It's probably like $12,000, apply
it to other projects. So there is a definite split on what our feelings are on this.
The DEC certainly isn't finished with the negiotiations. I think we're holding
the red flag up, stirring the pot, exciting people. Many properties have been
preserved in Southampton Town, Easthampton Town and Southold Town, the west
side of Mattituck Inlet, the St ate owns that. It's not overrun. It's a beautiful
piece of property. It won't be developed. It's something that someday in the
year 2050, they suspect that 75% of the population of the United States will live
at the coast. If we don't save some of this land, there will be nothing. There
are property owners that definately don't want the State in, I accept that. Let
the Peconic Land Tru'st work it out, and !'11 definitely support it. But I don't
preceive the State coming in and offering to preserve land, and people who do
want sell as something I would not support. Thank you.
SUPERVISOR MURPHY: Judge Edwards?
JUSTICE EDWARDS: Nothing. Thanks:
SUPERVISOR MURPHY: Is there anyone in the audience, who would like to address
the Town Board? Sir, in the back? Would you use the mike, please, and give
us your name.
GEORGE PATTERSON: Ladies and Gentleman, thank you for the opportunity to
speak this afternoon, to our representatives, to our leaders, and I'm delighted
to have the opportunity to talk to you. I'm George Patterson. I'm the president
of the Terry Waters Property Owners Association. We are 54 households in Southold.
Some of us are here today, as you probably know. Would you sort of raise your
hand or something. Do something. Members of the Hog Neck Concerned Citizens
Association, which I'm also a member, are here as well. You here, show your
hands. Very good. So here we are, most of your audience. We are very con-
cerned, and I'm delighted by the remark made by two or three of your members,
because I can use them in my discussion with you. You support exactly what
we all here have in mind. We are here and we are on our native heath, if you
will, or native habitat, just like the deer, and other wild animals, but we're not
so wild, but we are very much in love with our community, with our near paradise
of green fields, marshland, beach, and wildlife. We have deer, turtle, even swans
in our pond. We can look at [hem. I can look right at them. Deer come into
our back yard,, fifty feet away from ~i-e. The swans are there. They're even
there now, believe it or not. There are turtles, certain species of Lurtle. I forget
the name of them ..... in the well known Angel Shores, and may I say, Frank,
that we are not from Angel Shores. We are diame~cally, and pathetically not from
Angel Shores. Indeed, we abut Angel Shores. To close for comfort perhaos, but
are there, and this native heath that I speak of is right on the edge of the pro-
posed Angel Shores. Other ladies and gentlemen here, neighbors, are on the
other side of the Cedar Beach, for example, and so we are all in that area. -
Paradise Shore, I think, and so on. We're all there, plus the people on Main
Bayview, who would be directly concerned with such a huge development. Already
have, as the ground has been pulled up, and a -pipe has been put in,' unbeknownst
to us. Angel Shores, and the Cove which is another interesting topic, I won't
go into now. We love our homes, and we love our neighborhood, and we love
Southold. We want to live here in the country. Now, many of us come from the
suburbs of New York City, and we feel free at last, as that ~vord goes. We feel
free at last, out here. Now many of us have been here some years. It's not that
we arrived yesterday. We are property owners. We want to keep things as they
are. Are we living a foolish dream? is green money more important than green
fields. That's it, folks. That's it in the long run, whether you're selling, if
you're local, or buying, if you come from New York City, or any other place with
a bag of bucks. That's the difference. Now you know where we stand. You
knew before I got up, of course. You must be aware of the emir=ent dangers that
Angel Shore~, or any other development, not just Angel Shores, because all the
land around there, is already being scoped. All that land in the Hog Neck area,
not only in the Hog Neck area, of course, but all is in the sights of somebody
coming in to buy it up, and he is not going to erect a pond for the swans. He's
going to erect something else. You know it as well as I. Now the problems will
bring to us salt in water. We already have some salt. Don't kid yourself that
we don't. You're probably aware of that. We'll see the death of the deer and
other wildlife. You'll see an evasion of the marshlands. Regardless of the tech-
nicalities, I believe the marshland will be significantly effected. We live right
at the marshlands. We'll see the pollution of water,of air, we'll have noise pollu-
tion, traffic pollution on Main Bayview. In fact, New York State says that the
traffic increase will I~e up 80%. Maybe the road can stand it but we can't. We
do not wanttob(back in Brooklyn, or Bay Ridge, or the south Bronx, or wherever
you will. We want to be here. We'll have a population boom. Sometimes that
sounds nice. Here it would be total disaster for the concept for life that we have
now, and I think that you ioined us in. Now you were elected, I believe, ! under-
stand on an environmental platform. I'm told. I don't know if that's a fact, but
I've been told that. I hope it is. If you truly aren't committed to keeping Southold
green, and you want to preserve immediately the whole area, to preserve our
land for our life, to give us the life that we want, we ask you to do this, a modest
proposal. That makes me elude to Seward$ Folly. Your elusion was perfectly
on target for our purposes, and for your's, of course, too. Stuart's folly,he
bought Alaska in the long run, for seven million. Not all the Russians were
dopey. They knew it was worth something, but they couldn't do anything about
it at the time. So they lost something that became worth, who knows. Incidently,
Alaska is about to be polluted, if we don't watch it. The point is, are Alaska,
and you can if you will be Seward , be the fool Si~wa~-d~ was, fool will you, the
wise man he was. He got something for the United States, which is priceless.
He took the ridicule, excepted it, and did make a wise decision. We're asking
you now. We're urging you to do this, a modest proposal. To enact a five acre
zoning plan. Five acre zoning plan now. We want you to save our lands, and
save our water, and save our way of life. Truly represent us'~truly lead us.
Thank you.
SUPERVISOR MURPHY: Thank you, sir.
CECELIA LUCKA: My name is Cecelia Lucka. I'm, also, speaking on the same
topic. The five acre upzoning would be just the... We can't carry the whole
town of Southold. We're also asking for a moratorium, an immediate moratorium,
on any building other than singly owned lots on Hogs Neck. No subdivisions,
until a study can be made on the water and sewage of Hogs Neck. It is common
knowledge that there is salt in the groundwater. People who live on Cedar Beach
got the temic from the Dickinson fields. We know they're going to get sewage.
Also, regarding Angel Shores, we have been told that they are answerable to
no one. That they are so well insulated, that they're there. They're not elected
by someone. They're appointed. I believe they're appointed by the Town Board.
COUNCILWOMAN COCHRAN: The Planning Board you're talking about
SUPERVISOR MURPHY: Would you explain who you're talking about.
COUNCILWOMAN OLIVA: The Planning Board you are talking about.
SUPERVISOR MURPHY: The Planning Board.
CECELIA LUCKA: We want you to know that at election time, we will hold you
responsible for whatever decisions they make. We have a lot of people who are
involved in our organization, and I think what ever pressure you can put on them,
needs to be put on, for the decisions that they make. ?f they're making wrong
decisions, it's up to you to do something about it.
SUPERVISOR MURPHY: Thank you. Frank?
FRANK CARLIN: I'm Frank Carlin from Laurel. Around two years ago, we corrected
that problem we had in Laurel on the curve and the bridge. So far, it's been good.
We've had no accidents, but now there's another problem that comes along, and
it involves people that are traveling out from the west end, making u-turns in
front of my area, my house. This has been going on since April. They driving
in my driveway, my neighbors driveway. ,From April through November, I had
to put up barricades out there to prevent this from happening. To start with
there's nothing wrong with having a building put up there like that. Fine. But
you usually put a building on the side of the road where the traffic is heading,
the direction. If you travel on 95 going down south, you'll see welcome to Georgia,
information, rest area on your right. I know this was difficult, because you didn't
have any property on the south side of the road. By them making a u-turn,
they're violating two New York State traffic violations to start with, crossing
a double solid and making a u-turn on a State highway. It's as simple as that.
Two problems is, the sign that's in front of the building is too small. It's too
Iow. You can't see. People coming around there, are going 55 miles, 60 miles
an hour in that area. They can't see that sign. And the sign
that you have down by Laurel is too far down, and that's so small you can't see
it. I spoke to Mrs. Cochran about this, about a year ago. You need a bigger
sign.
COUNCILWOMAN COCHRAN: We never discussed that, Frank.
FRANK CARLIN: You need a bigger sign installed on the south side of the road,
maybe before Eddie Bokina's house, saying-; information with an arrow pointing
to the north. That might help. It would give them some time, and, also, indicate
parking. This is what you need there. I spent a lot of money last summer, putting
new black top in, and what happens? It was a hot summer, and they come along
swing around with their power steering, and just go up my driveway. I don't
need all that aggravation. It's out of control.
COUNCILWOMAN COCHRAN: Frank, the sign that's up there on the right, and
I don't recall ever discussing it with you, but I, myself, have personally felt
as I've driven along, that sign doesn't really give a clear indication of where the
Chamber building is. As I recall, I don't think it says like a half mile, or a
quarter of mile. I think something ....
SUPERVISOR MURPHY: We could work with the State on that.
FRANK CARLIN: The sign comes off, you call the Department, the Traffic
Division, you explain the problem. I'm not going through that. I've done enough.
COUNCILWOMAN COCHRAN: We'll do it.
FRANK CARLIN: You'll do it?
COUNCILWOMAN COCHRAN: Yes
FRANK CARLIN: You need a bigger sign up by Eddie Bokina's house, or before
Bokina's house. Give them time to stop.
COUNCILWOMAN COCHRAN: It's a State regulated sign.
FRANK CARLIN: Information, parking indicating.to the north.
SUPERVISOR MURPHY: We'll do that.
FRANK CARLIN:l~,t-:.yea,rllhadtwenty to twenty-five of them every day, turning
around, and right around in front of my house. They park in my driveway. I
can't get out. Whatever. My neighbor's driveway.
SUPERVISOR MURPHY: We realize. We'll work on that.
FRANK CARLIN: And there's going to be one of these days, you're going to
turn around in there (change tape) if you want to put a road in there fine.
Do you know how long those picnic benches will last in Laurel down there by the
lake? (Laurel Park) I bet they'll be inside the lake in a month. I know what's
going on down there at night. We had six fires in Camp Molloy there, already.
You people don'.t live there. You don't know what's going on there. I live there.
I know what's going on there. You're going to cause more problems. You know
before that building went there, again, I'm not against the building, but before
that building went up there people used to come from the city, travel, and fi~ally
after three years, I fought the Town to get three picnic benches put up there.
People woul~l come out, and they'd have their lunches, picnics there, and there
was a guy selling hot dogs. It was nice. They very seldom have anything there
now. They don't know what it is. They know it's an information center. Tl~ey
don't know it's area to have a place to have a picnic or have lunch.~ But that's
very serious. I'm serious about this. I'm paying enough taxes, l'm not going
to put up with it, I've spoken, also, to Danny Winters about this. H'e's a good
friend of mine. I spoke to him in the beginning. And I'll tell you right now,
as soon as I see it's going to start, I'll write an official letter to the State Police
and have them patrol there. I can assure you they'll fill a book in one day. Thank
you. ~
246
FEBRUARY 28, 1989
SUPERVISOR MURPHY: Thank you, Frank. Anyone else like to address the Town
Board? (No response.) Anyone on the left? (No response.) Anyone in the middle?
GIGI SPATES: My name is Gigi Spates. I'm from the Bayview area, and I wondered
if I could get an update from all of you on the Town Attoney's letter regarding
the well site over there on Angel Shores property. We understand that a letter
was written from the Town Attoney's Office asking the Planning Board not to
proceed with the environmental impact statement until ....
COUNCILMAN PENNY: They were supposed to bring the well situation into com-
pliance with the Town policy.
SUPERVISOR MURPHY: Before the Planning Board could give approval they
had to come in to comply with the Town policy.
GIGI SPATES: Could you update us on what's happening?
SUPERVISOR MURPHY: We've heard nothing from them. They haven't given
any approval.
COUNCILWOMAN OLIVA: But then, again, I don't believe the draft environmental
impact statement is complete, yet, for Angel Shores.
GIGI SPATES: According to them, last night, no, it's not, but they made no
mention of..they didn't speak to the Town Attorneys
COUNCILWOMAN OLIVA: Well, I don't think they had to, as long as that DEIS
is not complete.
GIGI SPATES: It would only be if it were complete, and then they would have
to address the letter?
COUNCILWOMAN OLIVA: I would assume so.
SUPERVISOR MURPHY: We'll ask the Town Attoney to follow up on it.
GIG1 SPATES: We've tried to find out a little bit more about what that letter
means, and we haven't been able to find out anything. ~
COUNCILMAN PENNY: I can tell you what it means. There are two avenues that
have been broached here. One is the fact that the Town policy is against satelite
water districts within a franchise area. That's one. The second one is the question
of ownership, and there's been an ownership situation that's been left open and
according to the Town's policy that this should be deeded either to a Town water
district, which was made to be outside the franchise area of the Village of Greenport,
and if it's inside the franchise area of the Village of Greenport it's supposed to
go to a muncipal authority. That case being the Village of Greenport.
GIGI SPATES: I understand that, ] just wondered what the letter..I-thought
I understood that there isn't actually a law on the Town books about it. It's
a policy. There's a difference between law and policy. We just didn't understand
what the letter from the Attorney's office would mean. Maybe, I..I guess no one
really knows yet.
SUPERVISOR MURPHY: We'll try to have the Planning Board make them aware
to come in to compliance with Town policy. Definate, l~/
GIGI SPATES: That helps a little bit.
SUPERVISOR MURPHY: Hopefully it does. Yes, sir?
GEORGE PATTERSON: I'm not going'to make another speech. Your reaction,
though, did you have your reaction to other projects? Your reaction to Angel
Shores development, and your reaction to the proposal to have five acre zoning.
SUPERVISOR MURPHY: Zoning was addressed in the Master Plan, which we just
adopted. We will look at that area, again, and see if it's practical. It wasn't
recommended by the man who did the Master Plan, but we will look at it. We'll
be happy to.
COUNCILWOMAN LARSEN: With the adoption of the Master Plan, that area is
an agricultural conservation district, so all of An~Jel Shores, now, is t~vo acre
zoned, rather "
COUNCILWOMAN OLIVA: No. The Plock property isn't.
FEBRUARY 28, 1989 2 4 7
COUNCILWOMAN LARSEN: Except for the Plock property.
GEORGE PATTERSON: That's a mighty big except.
SUPERVISOR MURPHY: The reason the PIock property was zoned to more than
one acre zoning was because they could have put a marina/resturant in that pro-
perty with the zoning they had, and the plan did not recommend changing that,
taking that right-of-way away from that man, who had it for many, many years.
It's like telling you to take the house off your property, and we worked out what
we thought would be a very good compromise with the owner of the property.
He was very concerned about his residence. I believe most houses around him
where about a quarter acre zone, and he had the ability to put a tremendous
amount of really detrimental buildings on that property that would generate a
lot of traffic. Would generate water problems, sewer problems, and on the PIock
property, I thought with the negotiations, with the attorneys, that we did a pretty
good job on that one in particular. The open farmland, maybe, we can revive
it. We tried. The recommendation was to stay with two acre AC. Yes, ma'am?
CECELIA LOUCKA: You're saying that Angel Shores I is now two acres?
COUNCILWOMAN OLIVA: No. That was previously sub-divided to one acre.
Grandfathered in.
CECELIA LOUCKA: ! have another question. I would like your reaction and
comment to our moratorium.
SUPERVISOR MURPHY: We'll look into it. Definately. We'll discuss it. Yes,
Gigi?
GIGI SPATES: We know that when the Master Plan went into effect, that there
was room in there for changes. That was one of the things that you, Frank,
and some of the other people kept saying over and over. We've had enough changes
pre-Master Plan, let's wait until after Master Plan. This is part of what we're
asking for, a really serious thinking of five acre zoning for Hogs Neck, and a
serious look at a moratorium until that study can be made. We're really serious
about this. One of the points I'd like to make to you, I don't think I need to
make to you, but certainly to the audience, is that it isn't just Angel Shores.
Most of the open space left on Hogs Neck, and probably in Southold Town, but
certainly on Hogs Neck is already subdivided. It may not. owned by a developer
as yet. It may not be in the proces~ of an application, but it is subdivided,
so if any of you think that any of those wonderful marshlands out there, and
farmlands, and woodlands, that you see along Paradise Point and Reydon Shores,
and all along through there. It's going to stay that way. Wrong.. It's going
to be headed in the direction of development, just like Angel Shores. As soon
as who ever owns it thinks they can get the right kind of money for. So we
have come from being a very specific group to now wanting to work on Hoq Neck
as a whole, and probably you're going to see us moving right into Southol~ Town
in general, because we really are very, very concerned about keeping the rural
character of our town.
SUPERVISOR MURPHY: There are several areas in the Town, that have a very
severe water problem, but you have to realize if we went to five or ten acre
zoning, and it was already subdivided as one acre lots. We can't change that.
We can't take the right. It would be like, if you had a vacant lot, we can't take
the right of way from you to build on that lot. We will look at it, and analyze
and see if five acre zoning would be affective down there.
GIGI SPATES: Okay. On the parcels that haven't been..
SUPERVISOR MURPHY: That haven't been subdivided.
GIGI SPATES: So, just to clarify your answer, because. . Ellen, you brought up
two acre zoning- on the Angel Shores. Why did last night at the Planning Board
meeting did the chairman bring up the two acre zoning, if it's not really .....
COUNCILWOMAN LARSEN: I went to the Planning Boar~ and asked them for ~
status on Angel Shores. They told me that nothing had been approved on Angel
Shores. Tl~ere was no grandfather provision in the Master Plan for anything.
So there's a little confusion in my mind. In fact, as soon as this is over with,
I'm qoing to go back to the Planning Board, and ask them what kind of info~mation did
they give me, hey told me I and II. Neither one has approvals, and that it would
be under AC zone, so evidently, it's the plock p~roperty, Which is R40;
GIGI SPATES: Last night, he brought it up, and he brought it up publicly.
In fact, he brought it up..
COUNCILWOMAN LARSEN: That it's all AC zoned?
GIGI SPATES: It just that he made a quick general statement.
SUPERVISOR MURPHY: We would have to see what status those lots were in.
I understood that section I of Angel Shores was an approved one acre zoning.
COUNCILWOMAN OLIVA: That was grandfathered in, when they started in with
the two acre zoning.
GIGI SPATES: This really needs to be clarified.
SUPERVISOR MURPHY: We could do some research on it, but Judy was just filling
me in. When we did try to go to two acre on that section I, we were sued by ....
GIGI SPATES: That's why it's confusing.
SUPERVISOR MURPHY: Let's say, maybe, legally they didn't get that far, but
I wouldn't hold a promise for that.
COUNCILWOMAN COCHRAN: Let's investigate. We're not going to solve any of
this now~
GIGI SPATES: Who can clarify this? Who can we go to and find the clarification?
SUPERVISOR MURPHY: Just like you did. You come to the Town Board. We're
the people that will get you the answers. That's what we're here for. That's
why we're here.
FRANK CARLIN: Just food for thought. I had a lot of people stop in the summer,
also, and say to me, Am I in Southold Town? I said, No,you're not in Southold
Town. You're in Laurel. The sign says Southold. It should say Southold Township.
I have that every day.
COUNCILWOMAN COCHRAN: Many, many people get confused on that.
FRANK CARLIN: So, if you're changing signs, I think you can change that one.
COUNCILWOMAN COCHRAN: It's a very good point, Frank, because when I give
directions to friend's, I say when you get to the sign that says Southold, that's
not where I live. You go through Laurel. You go through Cutchogue. You
go through Peconic, so your point is well taken, believe me.
SUPERVISOR MURPHY: Okay. Anyone else like to address the Town Board?
(No response.) If not, a motion to adiourn.
Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 4:37
P.M.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
EXECUTIVE SESSION
On motion of Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that an Executive Session be called at 4:45 P.M. to discuss the progre$
with respect to PBA contract negotiations.
Vote of the Town Board: ~Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Justice Edwards, Supervissr Murphy.
Councilwoman Cochran excused herself from this discus sion relative to PBA contract
negotiations.
Executive Session adjourned at 4:55 P.M.
Southold Town Clerk~'