HomeMy WebLinkAboutTB-08/29/198936
SOUTHOLD TOWN BOARD
AUGUST 29, 1989
WORK SESSION
Present: 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 Attorney James A. Schondebare,
Town Clerk Judith T. Terry.
9:00 A.M. The Board met with Board of Appeals Chairman Gerard Goehringer, and
member James Dinizio to discuss hiring Linda Kowalski back as an aide to the Board,
40 hours per month,. $15.00 per hour (Mrs. Kowalski has submitted a request for
leave-of-absence). Mr. Goehringer is still looking for a full-time legal stenographer,
and the office will then have two full-time employees and one part-time. The Board
will consider Mr. Goehringer's request.
EXECUTIVE SESSION
9:20 A.M. -
On motion of Councilwoman Cochran, seconded by Supervisor Murphy it was Resolved
to move into Executive Session. Vote of the Board: Ayes: All. The Board
discussed personnel in Board of Appeals office.
9:25 A.M. Planning Board Chairman Bennett Orlowski and Accountant John
Cushman met with the Board to discuss the shortfall in the Planning Board's 1989
budget allocation. Revenues are short of the budget projection, and there are
considerable engineering fees yet to be paid.
EXECUTIVE SESSION
9:40 A.M. On motion of Councilwoman Cochran, seconded by Supervisor Murphy,
it was Resolved to move into Executive Session. Vote of the Board: Ayes: All.
The Board discussed personnel - in particular the Town Engineer position. Present
during this discussion was Town Attorney Schondebare, Planning Board Chairman
Orlowski, and Bookkeeper Cushman. The Board also discussed personnel with
respect to the completion of the Local Waterfront Revitalization Program.
10:10 A.M. Deborah Weiner and Dorrie Whyard of RSVP (Retired Senior Volunteer
Program) met with the Board to request the Town to allocate funding in the 1990
Budget to aid their program. Their operating expenses have been cut and a
contribution of $4,000 toward telephone costs, transportation and printing would
assure they would be able to continue their full services in 1990. The Town Board
will consider their request during budget-time.
10:20 A.M. Triangle Consultants officer Dave Reiber, Bookkeeper Cushman, Police
Chif Winters, Lieutenant Droskoski, Public Safety Dispatcher Raynor and Clerk Klipp
from the Police Department, met with the Board to discuss upgrading the Police
Department computer system. This group had trav. eled to Yorktown to view their
system and the capabilities are exactly what is needed at Police Headquarters.
Bookkeeper Cushman submitted a budget for this data processing proposal outlining
the immediate (1989) needs and those project for 1990. The Board agreed to bond
the project immediately and requested Town Attorney Schondebare to contac,t bond
counsel for a bond resolution for the September 12th meeting.---While meeting with
the Board Chief Winters advised them that there will be two retirements in his
department in 1990, possibly three. He is asking the Board to hire additional
patrolmen to cover the loss, and to increase the number to 25 so he may institute
a five-squad system which will be more efficient.
11:00 A.M. Trustee President Frank Kujawski, Jr. met with the Board to advise
that the Trustees have adopted a resolution to close Town Creeks to scalloping for
the 1989-1990 scallop season to protect the scallop crop that is now in the creeks
and allow it to grow for a full season without being disturbed. The Town Board
agreed, and authorized a resolution (no. 32) directing the Town Clerk to notify
applicants for shellfish permits of the closure.---Mr. Kuiawski asked the Town Board
to consider advertising for an environmental consultant. The Board said they would
consider the request, but asked him to use Cramer & Voorhis for the present time.
11:10 A.M. - Architect Garrett Strang, along with Chief Winters, met with the Board
to discuss including an improved facade in the bid specifications for insulating police
headquarters. Board agreed.
AUGUST 29, 1989
11:40 A.M. - Bessie Swann and Betty Price, President of CAST Substance Abuse
Proc~ram, appeared before the Town Board to recommend that the program become
a Town committee. Councilwoman Cochran, a member of the committee, informed the
Town Board that the committee feels that as a Town committee the program would
receive wider use. Furthermore, grants are available to municipalities which offer
substance abuse programs. Currently CAST provides $12>500 and the Town
provides $12,500. Town Board members Murphy, Cochran, Oliva and Larsen agreed
the Town should undertake the Substance Abuse Program. Councilman Penny said
he would like to first see the projected budget. Justice Edwards has no comment.
12:05 P.M. - For Discussion Items: (1) Proposed Local Law in relation to Zoning -
delete Section 100-239d. C--Town Attorney Schondebare asked that the proposed
enactment be held .in abeyance for the present time. (2) Resignation of Planning
Board member William F. Mullen, Jr. - see resolution no. 22. (3) Authorize Town
Clerk to advertise for resumes for Planning Board member - see resolution no. 23.
(4) Receipt of resignation of Assistant Town Attorney Robert H. Berntsson
(resolution no. 24 to accept with regret, and resolution no. 25 to advertise for
resumes). (5) Report of NYS-DEC Bureau of Shellfisheries regarding shoreline
pollution 'source surveys conducted in Southold. (6) Proposal from Scott Dobriner,
who worked on the Local Waterfront Revitalization Program during the summer, to
continue the project as his masters thesis (see resolution no. 26 accepting his
proposal). (7) Proposal from H2M to increase the size of the scale house at the
Landfill while the exit scale is being constructed (see resolution no. 27 for approval
of a change order on the project). (8) Request from Principal Building Inspector
Lessard to hire Lynda Rudder as a full-time provisional Clerk Typist. Position must
be posted in accordance With CSEA contract. (9) Request from Linda Knowalski
for a leave of absence from her Stenographer position with the Board of Appeals--
request cannot be granted as it is against the CSEA Contract. (10) Set public
hearing on Town BOard's motion to change the zone on the Carr (Norris) property--
(see resolution no. 28). (11) Discussed a minimum tipping fee at the Landfill.
Board dediced $20.00 .would be reasonable (see resolution no. 29). (12) Request
from Recreation Director Ken Reeves for the Board to consider permitting him to
join the Holtsville YMCA so he may take the Advanced Lifesaving course, thus
permitting him to give lessons to propspective employees next summer (see resolution
no. 30 approving). (13) Councilman Penny asked that the Board place a
proposition on the General Election ballot for additional Farmland Preservation funds
in the amount of $1,750,000. Supervisor Murphy and Councilwoman Cochran feel
the timing is bad for such a proposition, Councilwoman Oliva feels the County should
use their money first, Justice Edwards supported Councilman Penny's proposal (see.
resolution no. 31- regular meeting agenda).
EXECUTIVE SESSION
On motion of Justice Edwards, seconded by Supervisor Murphy, it was Resolved that
the Town Board enter into Executive Session. Vote of the Board: Ayes: All. Board
discussed personnel, Carr/Wanat lawsuit, Zahra lawsuit, and PBA Contract
negotiations.
1:15 P.M. - Recess for lunch.
2:15 P.M. - Work Session reconvened and Board' met with Aurelie Stack, 350th
Anniversary Committee, and Bookkeeper Cushman, to discuss the proposal of
Zachary N. Studenroth to research and record the Old Bay View Schoolhouse, and
make application for listing on the National Register of Historic Places (see resolution
no. 33 accepting proposal).
2:30 P.M. - Board audited outstanding vouchers.
3:00 P.M. - Work Session adjourned.
38
REGULAR MEETING
3:00 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, August
29, 1989, at the Southold Town Hall, Main Road, Southold, New York, Supervisor
Murphy opened the meeting at 3:00 P.M., with the Pledge of Allegiance to, the
Flag.
Present:
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
Town Attorney James A. Schondebare
SUPERVISOR MURPHY: The first order of business is a resolution approvilng
the audit of the bills of August 29, 1989.
Moved by Councilwoman Cochran, seconded by Co~u'ncilwoman Oliva, it was
RESOLVED that the following bills be and hereby ordered paid: General Fund,
Whole Town bills in the amount of $77,265.73; General Fund, Part Town bills
in the amount of $35,152.79; Nutrition Fund bills in the amount of $2,023.32;
Adult Day Care bills in the amount of $100.00; Home Aide Program bills in the
amount of $17.00; SNAP Program bills in the amount of $503.65; Community
Development Fund bills in the amount of $17,032.91; Highway Fund, Whole Town
bill in the an~0unt of $13,604.71; Highway Fund, Part Town bills in the amount
of $37,265.17; Waterfront Revitalization Program bills in the amount of $44.00;
Composting Facility Capital bills in the amount of $33,542.66; Fishers Island
Ferry District bills in the amount of $53,289.14; Fishers Island Ferry District
Agency & Trust bills in the amount of $957.26; Southold Wastewater District
bills in th~eamount of $17,329.16; Southold Agency & Trust bills in the amount
of $14,188.17; Employee Health Benefit Plan bills in the amount of $107.00.
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 August 15, 1989.
Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the August 15, 1989, regular Town Board meeting
be 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
Spetmeber 12, 1989, 7:30 P.M.., Southold Town Hall. I offer that.
Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the next regular meeting of the Southold Town Board will be
held at 7:30 P.M., Tuesday, September 12, 1989, at the Southold Town Hall,
Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared dul',~ ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: The first item on the agenda ar.e reports. These are
on file in the Town Clerk's Office, 'for anyone who would be interested.
(a) Town Investment Activity Report for Quarter ended March 31, 1989.
(b) Town Investment Activity Report for Quarter ended June 30, 1989.
Town Justice Price Monthly Report for July, 1989.
East End Recycling Association Report for August, 1989.
· SUPERVISOR MURPHY: At this time, I'd like to ask the Councilman, if they
have anything to report, starting on my right with Ruth Oliva.
COUNCILWOMAN OLIVA:
AUGUST 29, 1989
Thank you, Frank. On August 16th, we had a Highway
Committee meeting which the Chairman, Jean Gochran will report on. On August
16th, we had a Waterfront Revitalization Committee meeting with Scott Dobriner,
Val and Ellen, I believe. We're still working on that. On August 17th, we had
a Code Committee meeting. We decided that resort-residential stays the same as
it is now, no attached housing. We will have a trailer, storage trailer, ordinance
coming to the Town Board, and a tree land clearing ordinance coming to the Town
Board. Our next meeting is August 31st, and we're going to be discussing an
economic impact statement for the first half hour, arid accessory uses the rest
of the time. On August 18th, Frank and I had a meeting with the PBA. On August
21st, I attended the Special Groundwater Protection Area meeting in Hauppauge~
On August 28th, we had another Highway Committee meeting at ~,ay Jacob's office,
which the Chairman will report on. On August 28th, which was last night, I attended
the Greenport Utility meeting. Thank you very much, Frank.
SUPERVISOR MURPHY: Thank you, Ruth. George?
COUNCILMAN PENNY: The only
or so. I have nothing, to report,
than it was-here.
thing· is, I was on vacation for the last week
except the weather was better in Nantuckett
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: On the 16th, the Highway and Planning Board, which
is a joint n~eeting met, although there where more Highway Committee people
there, than Planning Board. We did review the specs for minor subdivisions,
and they are now in the hands of our Assistant Town Attorney for review. Hope-
fully, we'll get those in place and we'll solve many of our problems. On the 16th,
also, I had a CAST Substance Abuse meeting, of which we discussed the feasibility
of the Committee becoming a part, or becoming a Southold Town committee, so
that we are reaching the entire Township, rather than a few, and the Board certainly
was supportive of that move this morning. Also, we spent time reviewing two
programs that we feel, one that their program is a good possibility in relation
to our school children. On the 17th, which was a Thursday, our Housing Committee
met, and mainly what we took care of, was making sure we met with Rob Berntsson,
and making sure that everything was in order, and up-to-date in relation our
affordable housing program, and the homes that are now..the construction has
begun. We had a groundbreaking the other day. On Friday, the 25th, up at
the Soundview Avenue site, and many of the young people that will be recieving
these houses through this program where in attendence, and they are certainly
more than grateful, because it certainly is the only way that they'll ever, ever
obtain a home and continue to live and work in Southold. On Thursday, the 24th,
I had a personnel meeting with Mr. Murphy. On the 25th was the groundbreaking.
On the 28th, the Highway Committee met with Superintendent of Highways, Ray
Jacobs, in relation to areas where he needs property for drainage problems. These
drainage problems aren't as a result of the heavy rains we've had this summer.
It's places where we've had-problems ongoing for years, where the Town just
has to begin to try to purchase land in the area for drainage. Then yesterday,
I did meet with Dr. Betty Price and Bessie Swarm from CAST, in relation to
the Substance Abuse Committee. And that's about it, Frank.
SUPERVISOR MURPHY: Thank you, Jean. Ellen?
COUNCILWOMAN LARSEN: Thank you, Frank. 'On the 16th, I attended the Coastal
Waterfront Revitalization meeting, which Peter Wall, Scott Dobriner and members
of the Committee. It was agreed, at that time,- that Scott Dobriner will continue
to work on completing the Waterfront Revitatalization project for the Town, and
resume his college studies as well. On the 16th, I attended the Highway Committee
meeting. I, also, was on vacation with my children. The weather was, also,
wonderful on the eastern shore of Deleware and Virginia. I got back at 12:30
last night, so it's nice to be back.
SUPERVISOR MURPHY: Thank you, Ellen. Judge Edwards?
JUSTICE EDWARDS: Wednesday, the 24th, I flew over from Fishers Island for
some Town Hall business. I, also, brought two gentlemen over, drove them into
Hauppague so they could get their home improvement contractor's license, and
painting contractor's license. Another gentleman came along for the ride, and
get his photo ID driver's license. Then on Friday, the 25th, finally after a year
of red tape, Walsh Park, I think has all their ducks on the pond now, and the
painting contractors is supposedly on the Island today, to start finishing up the
· .job he was pulled off of during the painting on our affordable housing project,
Walsh Park over there, so we hope according to Mr. Clavin, who was manager
of the project, to have some homes, modular homes, put in place, and be ready
to move into before the end of the year. That will be a great plus for Fishers.
With that, thank you.
'AUGUST 29, 1989
SUPERVISOR MURPHY: Thank you, Raymond.
II. PUBLIC NOTICES.
SUPERVISOR MURPHY': Moving on to Item number 2 on the agenda, which are
public notices. There are two. Again, these are on file on the Town Clerk's
Bulletin Board.
1. U.S. Army Corps of Engineers, N. Y. District; Pulbic Notice announ-
cing availability of new Federal Manual for Identifyin~ and Delineating Jurisdictional
Wetlands. Order from Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402 (202-783-3238), $7.50 per copy. Stock ~024-010-
00-683-8.
2. U.S. Army Corps of Engineers, N. Y. District; Application of Luis
Portal.to construct a bulkhead and boatslip, dredge with ten years maintenance
with attendant backfill at Jockey Creek, Shelter Island Sound. Written comments
by September 13, 1989.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: Item number 3, are communications. There were two
thank you from people from the DEC and Riverhead Police Department, who went
over to Fishers Island Town Board meeting.
1. Richard M. Otterstedt, New York State DEC, thankinc3 the Town Board
for the opportunity to attend the Town Board meeting on Fishers Island.
2. Joseph Grattan, Riverhead Town Police Department, also, thanking
the Town Board for the invitation to the Town Board meeting on Fishers Island.
IV.PUBLIC HEARI ~IGS.
SUPERVISOR MURPHY: We have three public hearings scheduled in about ten,
fifteen minutes.
1. 3:30 P.M. on "A Local Law in Relation to Vehicles and Traffic".
2. 3:32 P.M. on "A Local Law in Relation to Flood Damage Prevention".
3. 3:35 P.M. on "A Local Law in Relation to Zoning". (Fraternal Organiza-
tions)
V. RESOLUTIONS.
SUPERVISOR MURPHY: Moving on to Item 5, resolutions. I'd like to remind anyone
in the audience, that if you would like to comment on any of the proposed resolu-
tions, you may do so now. Any other comments to the Board on anything else,
we'll have a time after the final Councilman's report to listen to any other comment.
So, would anyone like to address the Town 13oard on any of the proposed resolu-
tions?
ALICE HUSSIE: Alice Hussie, League of Woman Voters. I want to restate the
League's position, that government must be open, responsible and responsive.
I want to go on record objecting to the bond resolution, that you're proposing
today. Passage would be irresponsible act on the part of the Southold Town Board.
Nine million dollars is only part of the waste management cost, and these are the
true costs, nor the total plan, as forthcoming from the Town. At the informational
meeting on July 13, illusion was made that Southold Town by itself, may not have
enough waste to keep a plant in operation, and that we in Southold might accept
garbage from other towns. Since then, Riverhead and Shelter Island have strongly
hinted that they would send up their garbage. Was that the original plan? Is
that why the plant is really too large, or are you ~ This morning I read --
the bond resolution and found that included in the $9,000,000.00 are cost for engi-
neering permits, consultant's fees, etc., yet I recall being in Town Board meetings
where the payment of bills for consultants were authorized by Board resolution.
Haven't those bills been paid yet? I doubt that any business would accept a contract
that would pay on the contigency of a bond issue passing. Never the less, to
sum it up, it's premature for the Board to take this action to~ bond without
disclosure of the entire plan, and all of it's costs. Thank you.
SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board?
Joe?
AUGUST 29, 1989
41
JOE RISTUCCIA: Thank you for letting me speak. My name is Joe Ristuccia.
I want to go on record. I'm representing the Southold Tax Pac group. 1, also,
urge that we withhold on the voting of this resolution, because I feel that this
is very big ticket item, and as such, I think, the voters should participate in
that decision, when the referendum comes forth. Thank you very much.
SUPERVISOR MURPHY: Joe, I might comment to you, there would be no way
of the voters participating, if we did not pass this resolution. This is the only
way that they can participate.
JOE RISTUCCIA: Could you explain that to me?
SUPERVISOR MURPHY: This is a bond resolution subjected to a mandatory referen-
dum, which will be held within 60 to 75 days, which is election day. It will be
on the ballot. We can not just put a question on the ballot without doing it the
legal way.
JOE RISTUCCIA: I want to go on record, though. I think this is' such magnatude,
of such importance, that the voters in this community have to really be advised
of the facts, and act accordingly, based upon what's available at the time that
the referendum is up, and they will have to make a decision, because then, you
know, whatever happens the voters will speak.
SUPERVISOR MURPHY: This is why the Town Board choose to go this way.
JOE RISTUCCIA: That's my position.
SUPERVISOR MURPHY: Anyone else? Mr. Carlin?
FRANK CARLIN: I noticed a resolution here for another bond issue in
relation to Farmland Preservation. Now, in my opinion having these two bond
issues up for November 7th Election Day, is only going to confuse the issue, and
I would strongly urge the Board not to have both of these bond issues on the
same day, especially since the County still has about $10,000,000.00 of money,
that can't be allocated to farmland preservation.
SUPERVISOR MURPHY: Thank you.
FRANK CARLIN: Frank Carlin, Laurel. Item number 3., create four Policeman,
are they retiring or just additional policemen?
SUPERVISOR MURPHY: Three are retiring.
FRANK CARLIN: Item number 5, engage services for the purpose of conducting
appraisal. What appraisal? What is that?
COUNCILWOMAN LARSEN: For the value of some real estate for park and play-
ground. Rather than park and playground in a subdivision, you can offset that
bY putting money into the park and playgound account in the Town.
FRANK. CARLIN: I have a few more. On number 7, terminate several employees
immediately, for what reason? To terminate someone immediately, you've got to
have a reason.
TOWN CLERK TERRY: They're people, who work in the Nutrition Program, or
Brief Respite Aide, that have no longer come to work, so in order to get them
off the payroll, you have to terminate them.
FRANK CARLIN: I have one more. Setting the minimum fee of landfill of $20.00,
what is that for? i
COUNCILWOMAN COCHRAN: For charging.
SUPERVISOR MURPHY: For charging.
FRANK CARLIN: For charging to go into the landfill?
SUPERVISOR MURPHY: No. For commercial haulers coming in.
FRANK CARLIN: The whole problem with floating a bond issue, Frank, is fine
you get the money, you're paying ~ut the interest. What do you do if everybody
'redeems these, at one time?
SUPERVISOR MURPHY: The bonds are sold either in a fifteen or twenty year
or a ten year series. An~' other questions? Ed?
'.: 42 AUGUST 29, 1989
EDWARD SIEGMANN: Ed Siegmann, from Mattituck. On that 31, the bond issue?
Is that the same fund that the money is supposed to come out of, to buy the
E3axter property?
SUPERVISOR MURPHY: No.
EDWARD SIEGMANN: Okay. I'll talk on the Baxter property later. Number 28.
I don't understand that on the change of zone on Norris. Is this tied in with
what you did orginally, with the two pieces of property?
SUPERVISOR MURPHY: It's to put on the map what the covenants and restrictions
say.
EDWARD SIEGMANN: I see. It's tied in with' the orginal. That part is not in
the law suit at the present time, is it? The Norris piece of property over here?
It's just a piece of property over on the other side?
SUPERVISOR MURPHY: Right. Anyone else? If not, we'll move on to the first
resolution, which is a bond resolution.
1.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen,
(a)BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 29, 1989, AUTHORIZING THE DESIGN AND CONSTRUC-
TION OF A FACILITY TO RECYCLE THE TOWN'S WASTE THROUGH COMPOSTING
IN ORDER TO COMPLY WITH NEW YORK STATE'S LONG ISLAND LANDFILL LAW
WHICH GENERALLY PROHIBITS THE USE OF THE TOWN'S LANDFILL AFTER 1990
UNLESS THE TOWN HAS A COMPOSTING, INCINERATI. ON OR OTHER RESOURCE
RECOVERY PROGRAM FOR SOLID WASTE DISPOSAL, STATING THE ESTIMATED
MAXIMUM COST THEREOF SHALL NOT EXCEED $9,000,000, APPROPRIATING
SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $450,000 CAPITAL
NOTES TO PROVIDE THE REQUIRED DOWN PAYMENT, AND AUTHORIZING THE
ISSUANCE OF $8,550,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE
OF SAID APPROPRIATION. --
Recital
WHEREAS, the Town Board of the Town has, as lead agency with respect
to the Town's composting facility under the State Environmental Quality Review
Act ("SEQRA") on August 1, 1989 adopted a SEQRA Findings Statement and accepted
the Final Environmental Impact Statement prepared in connection there~.~ith; Now,
therefore,
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, 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 1. The Town of Southold, in the County of Suffolk, New York
(herein called "Town"), is hereby authorized to design and construct a Town
compost facility on the parcel of real property owned by the Town at the site
of the existing landfill, including buildings, original furnishings, equipment,
machinery, apparatus, preliminary costs of surveys, maps, plans, estimates and
hearings, legal fees, consulting fees, other ancillary developmental costs, and
costs incidental to such design and construction. The estimated maximum cost
of said specific object or purpose, including preliminary costs and costs incidental
thereto and the financing thereof, shall not exceed $9,000,000 and said amount
is hereby appropriated therefor. The plan of financing includes the issuance
of $450,00 capital notes to provide the down payment required by the Law, as
hereinafter defined, and the issuance of $8,550,000 serial bonds of the Town to
finance the balance of said appropriation, and the levy and collection of taxes
on all the taxable real property in the Town to pay the principal of said bonds
and the interest thereon as the same shall become due and payable. __
Section 2. Capital notes of the Town in the principal amount of $450,000 to
pay the required down 'payment, and serial bonds of the Town in the principal
amount of $8,550,000, are hereby authorized to be issued pursuant to the provision~
of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (herein called "La~v") to finance the balance of siad appropria-
tion not provided by said captial notes..
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness of said specific object or purpose
for which said $8,550,000 serial bonds authorized pursuant to this resolution are
to be issued, within the limitations of Section 11.00 a.6 of the Law, is twenty-five
(25) years.
AUGUST 29, 1989
(b) Current funds are required by the Law to be provided prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation thereof and such current funds wil be so provided by the
issuance of the capital notes herein authorized. The Supervisor is hereby authorized
and directed to set aside the proceeds of sale of said capital notes and to apply
same solely to said specific object or purpose herein described.
(c) The proposed maturity of the bonds authorized by this resolution will
exceed five (5) years.
Section 4. Each of the capital notes and each of the serial bonds authorized
by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds shall contain the recital of validity as prescribed by Section
52.00 of the Law and said caPita notes and bonds and any notes issued in antici-
pation of said bonds, shall be general obligations of the Town, payable as to both
principal and interest by general lax upon all the ta,xable real property with 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 capital notes and 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 capital notes and
bonds and any notes i.~ anticiaption 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 Section 56.00 to 60.00
of the Law, the powers and duties of the Town Board relative to authorizinq bond
anticipation notes and prescribing the terms, form and contents and as to t~e
sale and issuance of the capital notes and bonds herein authorized and of any
bond anticipation notes issued in anticipation of said bonds, and the renewals
of said capital notes and bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the capital notes and 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 of
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 resolution
are not substantially complied with,
and any action, suit or proceeding contesting such validity, 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. A propositon for the approval or disapproval of this resolution
shall be submitted to the qualified voters of the Town at a biennial Town Election
to be held on November 7, 1989, and this resolution shall take effect upon approval
of the Proposition by said voters at that referendum vote.
1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
(a] Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number l(b)
1.-Moved by Councilman Penny, seconded by Councilwoman Oliva
(b) THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. At the biennial Town Election of the Town of Southold (herein
called "Town"), in the County of Suffolk, New York, which is to be held on
November 7, 1989, between the hours of 6:00 o'clock A.M. (Prevailing Time) and
9:00 o'clock P.M. (Prevailing Time) or as much longer as may be necessry to enable
the voters then present to cast their votes, the following Proposition contained
in the Notice hereinafter set forth shall be submitted to the qualified voters, as
hereinafter referred to. The polling places in each of the respective election
districts of the Town of Southold shall be the same polling places as shall be used
at the General Election to be held on that day.
Section 2. The Town Clerk is hereby authorized and directed to publish
at least once in "The Long Island Traveler Watchman" and the "Suffolk Times"
hereby designated the official newspapers for the Town for such publication, and
to post on the sign board of the Town maintained pursuant to subdivision 6 of
Section 30 of the Town Law, said publication and posting to be at least ten (10)
days before such Biennial Town Election, Notice that the Town Board will submit
for the approval or' disapproval of the reso'lution hereinabove referred to, said
Notice to be in substantially the following form:
44 AUGUST 29, 1989
TOWN OF SOUTHOLD, NEW YORK
NOTICE OF PROPOSITION
TO BE SUBMITTED AT THE
BIENNIAL TOWN ELECTION
TO BE HELD ON NOVEMBER 7, 1989
NOTICE IS HEREBY GIVEN that at the Bienial Town Election of the Town
of Southold to held on November 7, 1989, between the hours of 6:00 o'clock A~M.
(Prevailing Time) and 9:00 o'clock P.M. (Prevailing Time), the following Propostion
will be submitted to the qualified voters of the Town of Southold, to wit:
PROPOSITION
SHALL THE RESOLUTION ENTITLED: "Bond and
Capital Note Resolution of the Town of
Southold, New York, adopted August 29, 1989,
authorizing the design and construction of a
Facility to recycle the Town's waste through
composting in order to comply with New York
State's Long Island Landfill Law, which
generally prohibits, the use of the Town's
Landfill after 1990 unless the Town has a
composting, incineration or other resource
recovery program for solid waste disposal,
stating the estimated maximum cost thereof
shall not exceed $9,000,000, appropriating
said amount therefor, authorizing the issuance
of $450,000 capital notes to provide the
required down payment, and authorizing the
issuance of $8,550,000 serial bonds of said
Town to finance the balance of said
appropriation," BE APPROVED?
NOTICE IS FURTHER GIVEN that the polling places in each of the respective
election districts of the Town of Southold shall be the same polling places as shall
be used for voting at the General Election held on that day.
An abstract of which bond and capital note resolution concisely stating the
purpose and effect thereof, is as follows:
FIRST: RECITING that the Town Board of Town has, as lead agency with
respect to the Town's proposed composting facility under the State Environmental
Quality Review Act ("SEQRA"), on August 1, 1989 adopted a SEQRA Findings
Statement and accepted the Final Environmental Impact Statement prepared in
connection therewith;
SECOND: AUTHORIZING said Town to design and construct a Town compost
facility on the parcel of real property owned by the Town at the site of the
exisiting landfill, including buildings, original furnishings, equipment, machinery,
apparatus, preliminary costs of surveys, maps, plans, estimates and hearings,
legal fees, consulting fee's, other ancillary developmental cost, and costs incidental
to such desing and construction; and STATING the estimated maximum cost of
said specific object or purpose, including preliminary costs and costs incidental
thereto and the financing thereof, shal not exceed $9,000,000;' APPROPRIATING
said amount therefor; STATING the plan of financing includes the issuance of
$450,000 capital notes to provide the down payment required by the Law, as herein-
after defined, the issuance of $8,550,000 serial bonds of the Town to finance the
balance of said appropriation, and the levy of a tax upon all the taxable real
property within the Town to pay the principal of said bonds and interest thereon;
THIRD: AUTHORIZING the issuance of $450'.000 capital notes to provide the
required down payment and $8,550,000 serial bonds of the Town Pursuant to the
Local Finance Law of the State of New York (the "Law") to finance the balance
of said appropriation not provided by said capital notes;
FOURTH: DETERMINING and STATING the period of probable usefulness
of the specific object or purpose for which said $8,550,000 serial bonds are to
be issued is twenty-five (25) years; current funds are required by the Law to
be provided prior to the issuance of the bonds or any notes in anticipation thereof
and such current funds will be provided from the proceeds of capital notes; and
DIRECTING the Supervisor to set aside said capital note proceeds and apply the
same solely to said specific object or purpose; and the proposed maturity of said
$8,550,000 serial bonds will exceed five (5) years;
FIFTH: DETERMINING that said capital notes and bonds and any bond
anticipation notes issued in anticipation of said bonds and the renewals of said
capital notes and bond anticipation notes shall be general obligations of the Town
and PLEDGING to their payment the faith and credit of the Town;
SIXTH: DELEGATING to the Supervisor the powers and duties as to the
issuance of said capital notes and bonds and any bond anticipation notes issued
.in anticipation of said bonds, or the renewals thereof; and
SEVENTH: DETERMINING that a Proposition for the approval or disapproval
of this resolution shall be submitted to the qualified voters of the Town at: the
Biennial Town Election to be held on November 7, 1989 and that this resolution
shall take effect upon such approval.
DATED: August 29, 1989 Judith T. Terry
Town Clerk
AUGUST 29, 1989
45
Section 3. After said bond and capital note resoltuion shall take effect, the
Town Clerk is hereby directed to cause said bond and capital note resoltuion to
be published, in full, in the newspapers referred to in Section '~ hereof, and
hereby designated the official newspapers for said publication, together with a
Notice in substantially the form as provided by Section 81.00 o~ the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York.
Section 4. This resolution shall take effect immediately.
1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
(b)Councilman Penny, Councilwoman Cochran; Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: For your information, the Town Clerk Will send a certified
copy of this to the Commissioner of Elections, who will put it on the ballot, and
it will be a question on Southold's ballot. Number 2 is a Budget Modification
General Fund - Whole Town. I offer that.
2.-Moved by Supervisor Murphy, seconded by Councilwoman C0chran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
follOWincj budcjet modification to the General Fund - Whole Town 1989 Budget for
the transfer of monies from the Park & Playground Account to the General .Fund
for tile payment of freight charges associated with the delivery of the tables from
Game Time for the Laurel Lake Park:
To:
Revenues:
A2025 Special Recreation Facility $ 238.84~ --
Appropriations:
A7110.2 Parks, Equipment $ 238.~§
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 to create four Police Patrolman positions,
at a salary of $15,975.00 per year.
3.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby creates four (4)
Police Patrolman positions, at a salary of $15,975.00 per annum.
3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy. Abstain: Councilwoman
Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The purpose of this, is to have the slots, so we can call
for a list, and see what local people are available for-, hopefully, a fall start-up
class in the Police Academy. Number 4 is to accept a performance bond of
$68,666,000 for RHR Realty. I offer that.
4.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
$68,666.00 performance bond of RHR Realty Corp. for roads and improvements
in the minor subdivision of RHR Realty Corp., all in accordance with the Town
Board's resolution of December 13, 1988 approving the amount, as recommended
by the Southold Town Planning Board and Sidney B. Bowne & Son Engineers.
4.-Vote of the Town Board: Ayes: Councilwoman La. rsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared ~tuly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to authorize an appraisal.
5.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an
appraisal of the major subdivision of Henry Appel at Mattituck, so the Town Board
may determine the amount of money to be deposited with the Town in lieu of land
for park and playground purposes, all in accordance with Section A106-38E.(3),
Subdivision of Land, of the Code of the Town of Southold.
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 to accept resignations
46
AUGUST 29, 1989
6.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts ~he
resignations of the following Senior Services employee~, effective immediately:
Janet Lica~ Thomas Gonzalez, Harold Stan, Marion O'Connor.
6.-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 terminate the following employees,
effective immediately: Senior Services employee: Phyllis Atkins and Eleanor Berg,
and Swimming Instructor: Douglas Hoyne. I offer that.
7.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby terminates the
followinq employees, effective immediately: Senior Services employees: Phyllis
Atkins.and Eleanor Berg. Swimming Instructor: Douglas Hoyne.
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: It's now 3:30. I'd like a resolution to recess in time
to hold the three public hearings scheduled today.
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 3:45 P.M.
SUPERVISOR MURPHY: Resolution number 8 is a determination of non-significant
effect. I offer that resolution.
8.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law,
State Environmental Quality Review Act, and 6NYCRR Part 617, Section 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby given that
the Southold Town Board, in conducting an uncoordinated review of this unlisted
action, has determined that there will be no sic~nificant effect on the environment.
DESCRIPTION OF ACTION: Amendment of the Vehicle and Traffic Law to delete
two stop intersections that do not have flashing signals and corrects "County
Highway No. 27" to read "County Route 48". The project has been determined
not to have a significant effect on the environment because an Environmental
Assessment Form has been submitted and reviewed and the Town Board has
concluded that no significant adverse effect to the environment is likely to occur
should the project be implemented as planned.
8o-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 to set a public hearing for 8:00 P.M., Tuesday,
September 12, 1989, on that proposed Local Law. I offer that
9.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva,
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 Vehicles and Traffic";
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, September 12,
1989, Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearinc~ on the aforesaid proposed Local Law which reads as follows,
to wit:
A Local Law in Relation to Vehicles and Traffic
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 92-31 is hereby amended to read as follows:
I~ntersetion Red Signal Facing Yellow Signal Facin.q
Deport Lane and North on Duck Pond East and West
Duck Pond Road and South on on County, Route 48
with County Route Depot Lane
48
AUGUST 29, 1989
47
New Suffolk Avenue
Fifth Street with
Main Street
All direction
Westphalia Avenue North and South on East and West
with County Route Westphalia Avenue on County Route 48
48
II. This Local Law shall take effect upon its filing with the Secretary
of State.
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 execution of a pavement
evaluation study on Fishers Island.
10.-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 execute the Final Application for Federal
Assistance Packac~e for the Fishers Island-Elizabeth Field Pavement Evaluation Study,
all in accordance with the approval of Town Attorney Schondebare.
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 authorize an appraisal of Wild Oats at
Peconic. I offer that.
11.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an
appraisal of the major subdivision of Wild Oats at Peconic, so the Town Board
may determine the amount of money to be deposited with the Town in lieu of
land for park and playground purposes, all in accordance with Section A106-38E.(3),
Subdivision of Land, of the Code of the Town of Southold.
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 grant an extension from August 29th
to October 29th, for a construction trailer.
12.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants an extension
from August 29, 1989 to October 29, 1989 to John Eberhardt for the location of
a construction trailer at the site of his new home under construction at 1325 Park
View Lane, Orient, New York.
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 authorize amendments to the Community
Development Year 13/14 Program Budgets.
13.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to r~ive public notice that the Town Board will be consider-
in.cj the followincl proposed amendments to the Community Development Years 13/14
Program Budgets at their Reqular Meetinq to be~in at 7:30 P.M., Tuesday,
September 12, 1989 at the Southold Town Hall, Main Road, Southold, New York,
at which time interested citizens will be given an opportunity to comment on the
proposed changes:
Current New
Project Budget Increase Decrease Budget
Cutchogue Free
Library FY13 $4,978.50 -0- $4,978.50 -0-
Home Improvemt.
Program FY13 $50,000.00 $4,978.50 -0- $54,978.50
Elderly Day
Care Program
FY 14 . $4,000.00 -0.- $4,000.00 -0-
· 'Home Improvemt.
Program FY 14 $60,000.00 $4,000.00 -0- $64,000.00
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 isa budget modification to the General Fund,
Part Town, to pay Planning ~3oard bills.
14.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1989 Budqet modification to the General Fund - Part Town to provide
for overdrawn budget line:
To:
B8020.4 Planning Board, Contractual Expenses $ 5,000.00
From:
B8020.1 Planning Board, Personal Services $ 4,000.00
B8020.2 Planning Board, Equipment $ 1,000.00
14.-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 15 is to execute a Declaration of Covenants and
Restrictions on a Elijah's Lane Affordable Housing Subdivision. I offer that.
15.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a Declaration of Covenants and
Restrictions with respect to the Elijah's Lane Affordable Housing Subdivision, to
provided that there shall be no ingress and/or egress from lot number 3 to or
from Main Road and said restriction shall be placed on the filed map.
15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Ed¥/ards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to accept a resignation of Lori Mclver, cook
for the Nutrition Program, effective August 21, 1989, with regret. She's done
a great job.
16.-~ioved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
rec. tret, the resignation of Lori A. Mcl'¢er, Cook for the Nutrition Proc~ram,
effective August 21, 1989.
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 appoint Doug Latney as a temporary
cook in the Nutrition Program, at a salary of $14,493.00 per year.
17.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Douglas
Latney as a temporary Cook for the Nutrition Program, effective August 23, 1989,
at a salary of $14,493.00 per annum.
17.-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 18 is to authorize the advertisement for a cook
for the Nutrition Program.
18.-Moved by Councilwoman Oliva, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Venetia
McKei~than, Director of Human Services, to advertise for a Cook for the Nutrition
Proc~ram, at a salary of $14,493.00 per annum, and a temporary Assistant Cook,
at a salary of $6.63 per hour, to work while the present Assistant Cook, Lisa
Caltuna, is on maternity leave.
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 authorize an advance fee payment.
19.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee payment in the amount of ~,30.00 to allow Recreation Director Kenneth
Reeves to take a 9 hour course entitled "Pratical Problems in Administrative Manage-
ment'', sponsored by the Suffolk County Department of Health Services; check
made payable to the Suffolk County Health Services Department; said charge to
be made to A7020.4, Recreation Administration.
AUGUST 29, 1989
49
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 accept with regret the resignation of
Sandra F. Berry, work/study student in the Accounting Department, effective
August 25, 1989. Wishing Sandra success and happiness in the future career
in accounting. She did a great job. I offer that.
20.-M0ved by Supervisor Murphy, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Sandra F. Berry, Work/Study Student in the Accounting
Department, effective August 25, 1989, and wishes Sandra success and happiness
En her future career in accounting.
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 appoint Georcje Glew as a part-time gate
attendant at the Landfill, effective immediately, at a s~tary of $5.75 an hour.
21 .-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints George
M. Glew, Sr. as a part-time Gate Attendant for the Landfill, effective immediately,
at a salary of $5.75 per hour.
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 one, that I know, we all feel very sorry
about, is to accept, with: regret, the resignation of William Mullen, Jr., from his
position as a member of the Southold Town Planning Board, effective August 29,
and extends t° Mr. Mullen their sincere appreciation for his dedication to the Town
of Southold since February 10, 1981.
22.-Moved by Supervisor Murphy, seconded by the Entire Town Board~ it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of William F.'Mullen, Jr. from his position as member of
the Southold Town Planning Board, effective August 29, 1989, and extends to
Mr. Mullen their sincere appreciation for his dedication to the Town of Southold
as a Planning Board member since February 10, 1981.
22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murph'/.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is to direct the Town Clerk to advertise for
resumes foE- a member of the Southold Town Planning Board to fill the unexpired
term of Bill Mullen.
23.-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 resumes for a member of the Southold
Town Planning Board to fill the unexpired term of William F. Mullen, Jr. to April
30, 1989.
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 one, I think, we equally feel as bad about,
is to accept, with regret, the resignation of Robert H. Berntsson, our Town
Attorney, effective October 6, 1989. I offer that.
24.-Moved by Supervisor Murphy, seconded by the Entire ToWn Board, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Robert H. Berntsson from his position as Assistant Town
Attorney, effective October 6, 1989, and extends to Mr. Berntsson their sincere
appreciation for his dedication to the Town of Southold.
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 authorize the Town Clerk to advertise for
resumes for Assistant Town Attorney.
50 ^u usT 29, 1989
25.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for an Assistant Town Attorney,
at a salary of $35,000.00 to $40,000.00 - depending upon experience.
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 is to authorize expenses for Scott Dobriner
to continue work on Local Waterfront Revitalization Program.
26.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the pro-
posal of Scott B. Dobriner to continue workincI on the Local Waterfront Revitaliza-
tion Program project as his master thesis while at Cornell University, he to be
reimbursed in an amount not to exceed $3,000.00 for the following projected
expenditures: Various phone calls from Cornell to town officials, state contacts
and miscellaneous information sources: printing and copying of maps, reports and
reference material; mapping, graphic and paper supplies such as mylar, vellum,
zipitone and pen nibs; occasional travel to Albany to meet with Peter Walsh or
in some cases travel back to Southold.
26.-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 27 is to authorize a change order for the exit
truck scale contract at the Landfill.
27.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a Change Order to the contract
for the Installation of an Exit Truck Scale at the Cutchogue Landfill, to provide
for an expansion to the existing Scalehouse; all in accordance with the lump sum
price in the amount of $17,500.00 by South Fork Asphalt Corporation, and recom-
mendation of the Town's engineers for the project Holzmacher, McLendon & Murrell,
P.C.
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 set 8:00 P.M., October 10, 1989, for a
public hearing on the Town Board motion for a zone change to R-40 on the Norris
property. I offer that.
28.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southotd, on its own motion on July
5, 1989, deemed it in the public interest and in the promotion of the health,
safety, morals or general welfare of the Town of Southold that certain premises
at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue),
Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County
Tax Map No. 1000-122-5-4, owned by Richard Carr, be rezoned from Hamlet
Density (HD) Residential District to Low Density Residential R-40 District; said
property bounded and described as follows;
ALL that certain plot, piece or parcel of land, situate, lying and being in Ma~tituck,
Town of Southold, County of Suffolk and State of New York,' bounded and
described as follows:
BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-
way sometimes known as Reeve Avenue, distant thereon South 17 degrees 41
minutes 20 seconds West 220.51 feet from the corner formed by the intersection
of the southerly side of New Suffolk Avenue and the easterly side of said right-of-
way; ~
RUNNING THENCE along the easterly side of said right-of-way the follo~wing
three (3) courses and distances:
(I) South 16 degrees 7 minutes 00 seconds West 550.85 feet;
(2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and
(3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now
or formerly of Reeve;
THENCE along said land, North 86 degrees 47 minutes 40 seconds East 300.00
feet;
now
THENCE South 8 degrees 00 minutes 20 seconds East 98.19 feet;
THENCE North 86 degrees 34 minutes 20 seconds West 509.00 feet to land
or formerly of Norris;
THENCE along said land the following two (2) courses and distances:
(1) North 7 degrees 31 minutes 10 seconds West 523 feet;
(2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less,
to other land of Bruce A. Norris;
THENCE along said land the following four (4) courses and distances:
(1) North 73 degrees 38 minutes 30.seconds West 121.88 feet;
(2) North 77 degrees 53 ~i~t~e~ ~ ~eCondS West 96.70 feet;
(3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and
(4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point
or place of beginning, and
WHEREAS, the Southold Town Plannin9 Board and the Suffolk County Department
of Planning have prepared official reports and recommendations on the aforesaid
petition; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, October 10,
1989, Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearin9 on the aforesaid proposed change of zone, at which time
any person desiring to heard should appear at the time and place above so specified;
and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and directed
to cause notice of said hearin9 to published in the official newspapers pursuant
to the requirements_of law.
28.-Vote of the Town 13oard: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, CoUncilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. '
SUPERVISOR MURPHY: Number 29 is to set a minimum of $20.00 for a Landfill
tipping fee charge. I offer that.
COUNCILMAN PENNY: Can we just make that clear to everyone, that that is not
a charge that they're going to pay at the Landfill? That's for a charge account.
Amended 9/12/89 by Resol. #6
29.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Townl3oard of the Town of Southold hereby orders that $20.00
shall be the minimum amount char9eable for tippin9 fees at the Cutchoque Landfill,
effective September 1, 1989.
29.-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 30 is to authorize the expenses for Rec. Director
Reeves to take Advanced Lifesaving Course
30.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of $185.00 membership fee for Recreation Director Kenneth Reeves to
the Holtsville YMCA, plus approximately $90.00 for Mr. Reeves to take the Advanced
Lifesaving Course; said charges to be paid from A7020.4, Recreation Administration.
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 direct Bond Counsel to prepare a bond
for Farmland Preservation to be voted on at the November 7, 1989 General EleCtion.
The amount of the bond, I believe, to be $1,750,000.
31.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Toiwn Board of the Town of Southold hereby directs Bond
Counsel to prepare a $1,750,000 bond resolution to replenish the Farmland'
Preservation Fund; said bond to be voted on at the General Election on November
7, 1989.
COUNCILWOMAN COCHRAN: I just want to make a comment, that I think the timing
is wrong. George, I agree with your concept, and certainly all of us support
the open space in Southold Town. It certainly does allow us to continue to be
a rural area with every piece of land, that we can put aside, or keep open space,
although it does create other problems by taking these parcels off the tax roll,
which is a concern of many people, but I think with other bond issue, that's
going on for vote, and this one on there also, I just think the timings wrong.
I think with everyone's concern over taxes, that I would like to see this perhaps,
come up again in the future, perhaps two years from now, but I can not support
it at this time.
SUPERVISOR MURPHY: I would echo your sentiments, Jean.
COUNCILWOMAN OLIVA: Third it.
COUNCILWOMAN LARSEN: The Farmland Preservation Committee is currently
working with Suffolk County, who is on their bond for farmland preservation.
They're exhausting their funds for this year. They have $5,000,000 appropriated
for next year. A piece went into'the Farmland Preservation Program of Suffolk
County, today, as well, and although the Farmland Preservation does not take
the property off the tax rolls completely, it does give the farmer a break when
it comes to paying inheritance tax on the land, and it is a very neccessary program
for the continuation of the farmla, nd in the Town of Southold. This is not the
appropriate time, nor is it needed. When the need arises, I will be most happy
AUGUST 29, 1989
SUPERVISOR MURPHY: Any other questions?
COUNCILMAN PENNY: I'd just like to comment, that I'm putting this up strictly
because the Farmland Committee is intact. We have a Farmland Program with
absolutely no funding. We're talking about spending a $I,.000,000 out of our
$1,750,000 in open space for Fort Corchaug, so if that goes through, this Town
will have now, about $750,000 for the next two years. The County programs are
being eaten alive by applicants from Southold Town. When I went to the County
Farmland meeting, the last one I went to, 40% of the applications were coming
from Southotd Town. One of the reasons that Fort Corchaug..the County Farmland
Committee did not appropriate enough money for us to buy entire Fort Corchaug,
is because they're very concerned about their funds, also~ But the destiny of --
Southold Town lies in it's voters, and all this proposition would do, is put this
up to the voters, and if the voter decide, like with the composting plant at this
point, it's the voters' decision. If the voters want to spend the money, the voters
have the choice, and that's why I put this resolution up at this time. I believe
that the voters, the people, they are responsible. They will research it. They
will feel in their hearts, and make a decision, which way they want to go. That's
the only reason I put it up today. Thank you.
SUPERVISOR MURPHY: I'd just like to correct you, George. The Farmland
Committee turned Fort Corchaug down, 60% of the land, because it wasn't farmland.
That's why.
COUNCILWOMAN LARSEN: Just as a P.S., the iRS arbitrage rules state that
a Town can only be binded for a maximum of $5,000,000 per year. If we break
the proposed bond for the composting system down into two, two year bonds,
that would be $4,000,500 once every two years. Should this resolution go through
with our current bonding level, we would not be able to compost for any type
of resource recovery. Thank you.
COUNCILMAN PENNY: Ellen, we'd, also, have to float the bonds for the Farmland
Program, until sometime when this all could have passed. All this did would be
to approve the funds at some time in the future. This is something that would
not happen immediately, as we have passed the 1983 $1,750,000, the Open Space
Preservation Program, and to date no bonds have been sold for that program either.
Can we have a vote? ~--
31.-Vote of the Town Board: Ayes: Councilman Penny. Nos: Councilwoman Larsen,
Councilwoman Oliva, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly LOST.
SUPERVISOR MURPHY: Number 32 is to direct the Town Clerk to notify shellfish
permit applicants, that Town creeks will be closed to scalloping for the '89-'90
scallop season. I offer that.
32.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen,
WHEREAS, the Board of Trustees of the Town of Southold have by their resolution
of August 24, 1989 prohibing the takin~ of scallops durinq the 1989-1990 season
to allow for the replenishment of the scallops; and
WHEREAS, the Town Board of the Town of Southold supports the determination
of the Board of Trustees and recognizes the need for such a prohitbition to
encourage the future growth of an important industry to the Town and its citizens;
NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby directs the
Town Clerk to affix a notice to each shellfish p~rmit issued advising them of the
Board of Town Trustees' resolution.
32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OIiva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33 is accept a proposal of Zachary N. Studenroth
to conduct research and make application to the National Register status for the
Old Bay View Schoolhouse, not to exceed $2,500.00. I offer that.
33.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the '
propsal of Zachary N. Studenroth, in an amount not to exceed $2,500.00, to provide
services to the 350th Anniversary Committee by researching and recording the
Old Bay View Schoolhouse, and making application for listing on the National
Register of Historic Places.
33.-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 34 is to accept the dedication of l(imberly Lane
and Roxanne Road at Paradise by the Bay.
AUGUST 29, 1989
34.-Moved by Councilwoman Oliva, seconded by Justice Edwards,
WHEREAS, Mohring Enterprises Inc. has made application to the Town Board of
the Town for Southolc~ to dedicate certain roads in Southold, New York, to be
known as "ROXANNE ROAD" and "KIMBERLY LANE" as shown on subdivision map
entitled, "Map of Paradise by the Bay:, filed in the Suffolk County ClerkJs Office
on November 4, 1976 as Map Munber 6463, together with release executed by the
owner thereof; and
WHEREAS, the Southold Town Highway Superintendent has inspected the aforesaid
highways and has advised the Town Board that said proposed highways comply
in all respects with the specifications for the dedication of highways in the Town
of $outhold; now, therefore, be it
RESOLVED that in accordance with Section 171 of the Highway Law of the State
of New York, consent be and the same is given to the Superintendent of Highways
to make an order laying out the aforesaid highways, 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 Suffolk.
34.-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 35 is to name Cross Sound Ferry as the insured
for the Cruise to Nowhere. I offer that resolution.
Amended 9/12/89 by Resol. ~39
35.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold duly authorizes and dircts
that the Cross Sound Ferry Company be listed as a named insured on the Town's
general liability policy only for the purposes of insurance coverage on September
16, 1989 during the 350th Anniversary Committee's "A Cruise to Nowhere", in
return for which the Town of Southold will be listed as a named insured on the
Cross Sound Ferry Company insurance policy~
35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murph';,.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: If ,you'd like to adopt Local Law No. 16, where we had
the public hearing on this afternoon, Vehicle and Traffic one. I offer that.
36.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 16 - 1989 was introduced at a meeting of
this Board held on the 15th day of August, 1989; and
WHEREAS, a public hearing was held thereon by this Board on the 29th day of
August, 1989, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 16 - 1989 be enacted as follows:
LOCAL LAW NO. 16 - 1989
A Local Law in Relation to Vehicles and Traffic
BE IT ENACTED by the Town Board of the Town of Southold as follows:-
I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 92-41 is hereby amended by adding thereto the following:
NAME OF
STREET
County Route 48
SIDE LOCATION
North In Cutchocjue, from the .
easterly curbiine of the
entrance to the Southold
Town Refuse Disposal Area
extending easterly for a
distance of 500 feet.
II. This Local Law shall take effect upon its filing with the Secretary of State.
36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
'Councilman Penny, Councilvzoman Cochran, Justice Edwards, Supervisor Murph;,.
This resolution was declared duly ADOPTED.
NAME OF
STREET
Luther's Road
SIDE LOCATION
Both In Mattituck, from the
guard rail at the northerly
terminus of Luther's Road
extending southerly for a
distance of 500 feet.
Section 92-44 is hereby amended by adding theret° the following:
SUPERVISOR MURPHY: Number 37 is to adopt Local Law No. 17, concerning flood
damage prevention.
37.
-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen,
WHEREAS, a proposed Local Law No. 17 - 1989 was introduced at a meeting of
this Board held on the 15th day of August, 1989, and
WHEREAS, a public hearing was held thereon by this Board on the 29th day of
August, 1989, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 17 - 1989 be enacted as follows:
LOCAL LAW NO. 17 - 1989
A Local Law in Relation to Flood Damage Prevention
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 46 (Flood Damage Prevention) is amended as follows:
1. Section 46-6 is hereby amended to read as follows:
The areas of special flood hazard have been identified by the
Federal Emergency Management Agency in a scientific and
engineering report entitled "Flood Insurance Study Town of
Southold, New York, Suffolk County: dated April 17, 1985 with
Flood Insurance Rate Maps enumerated on Map Index No. 360813
0001-0120 dated June 18, 1987. The above documents are, hereby,
adopted and declared to be a part of this local law and are
filed at the Office of the Clerk.
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
I'd like to ask the Town Board,
on my left with Judge Edwards.
the end of the prepared resolutions. At this time,
if they have anything further to report, starting
JUSTICE EDWARDS: Nothing. Thank you, Frank.
SUPERVISOR MURPHY: Ellen?
COUNCILWOMAN LARSEN: No, thank you, Frank.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: I just wanted to make sure that the press picked
up on Resolution No. 32, in relation to no scalloping for the season, because I
think it's important that the public be aware of this.
SUPERVISOR MURPHY: They are appearing to come back, to be making a recovery,
and rather than have them depleted by people going scalloping, we feel and the
Trustees feel that it's far better to let then spawn, and make new ones for next
year. George?
COUNCILMAN PENNY: Nothing. Thank you.
SUPERVISOR MURPHY: Ruth?
COUNCILWOMAN OLIVA: Nothing, thank you.
SUPERVISOR MURPHY: Okay, at this time, l'd like to ask anyone in the audience,
if they would like to address the Town Board? Ed?
EDWARD SEIGMANN: I'd like to talk to you on two subjects. One is the Baxter
property. Since it ran into a problem, I was wondering if it wouldn't be wise
is what we read at one time, that there was a possibility of handling the:Baxter
property through the private sector, and not using tax money to do it. I was
wondering, if it wouldn't be wise to go back that route again, because not on. ly
can you say that the money is there, that the money can be put up, but. if this
104 acres is taken off of the rolls, it means approximately in round numbier $15,000.
that will not be paid in taxes on that property, $9,000 to the Mattituck iSchool
District, $3,000 to Southold School District, $1,500 to Suffolk County, and about
$1,000 to the special districts. Everytime this happens, more and more property
is being taken off the tax rolls, and it's got to pass on 'to the people that are
here. We hear enough. We see enough for sale signs.. We hear enough from the
young people, who can not stay here, and you sure as heck have heard from
me, as reference to what the problems are raised for the seniors, and I think'
that any time you have an opportunity of saving a piece of property like this
for something that I say is worthwhile, but I can't see why 104 acres would have
AUGUST 29, 1989 55
to be used for that particular project. No reason in the world, that 40 acres
couldn't be enough, or even 50 acres be enough for them to ~do their archaelogical
dig that they want to do, and where the historians, that were here, said that
in 35 years from now, this would be a great thing for Southold because then people
would flock out here to see the Indian grounds, and whatever may be. That number
one is an if. Number two, I don't think too many of the people around here
r~ght now, are putting 35 years from now, ahead of the problems that we have
at the present time. That's number one, and it leads me into something else that
I'd like to give you my opinion on. We hear a lot of talk about affordable housing.
There's something that I wish you, in your discussions, you would take a look
at as far as affordable housing is concerned. ! think if somewhere along the line,
you would get into a program of converting some of the houses that are around
here, into two families, if the people would like to do it, and, also, for the
developers that comes in, to be encouraged in some areas to put in two family
houses, and I think you can kill two birds with one stone. The senior citizen,
that's finding it impossible to stay here because of taxes, if he has a house now,
that could be converted, he could atleast get an income from renting out an apart-
ment, which might be the possibility, that might keep him here. Under new housing,
it would solve a different problem. Some of yocr people, who want to stay here,
there's a possibility, that they could go into a two family residence, and rent
out to a senior citizen, that can no longer afford to live here, and I think it would
help both of them. Many of your seniors, when they get up in age, were they
can't take care of a piece of property anymore, would be happy to look around,
I know I would, to look around for someone, even if you rented an apartment '~
at a reasonable price to some young people, and then have them do some of the
work that is neccessary to do around the outside of a house to keep that house
in shape. I think-some of these things could help a long way in your problem
with affordable housing, and I would hope that in your discussions, that somewhere
along the line, try to find out if any of things would be feasible. Thank you.
SUPERVISOR MURPHY: Thank you, Ed. Let me just make one comment on that.
Southold Town has had a two family conversion law on the books for about five
to six years, with that..and it was put in place with that in mind. Unfortunately,
and we had the law mainly so people would abide by the law, make sure it's safe,
the proper electrical, the proper building codes are done, but we find more and
more people are converting illegal that two family conversions. We would like to
see it done more. I think it's an excellent way to go, and I think it should be
enforced, and maybe, we could get a volunteer program to help some older convert,
where they might not have the funds to do that. It would be a very good idea.
EDWARD SEIGMANN: The reason I raised it on the new family houses, I don't
see anything going up here like..you know these mother and daughter houses
that went up west of here in a lot of areas?
COUNCILWOMAN COCHRAN: They're here. Just illegally. We have a lot of illegal
two family houses, Ed, and the accessory apartment law was put in, hoping that
older people that need the income would utilize their home, and add to their income
by making an accessory apartment for a young person, or a single, or a elder,
and I think if we'd had six applications in five years, we've been lucky. We just
don't know why they won't take advantage. It's easier to do it illegally.
EDWARD SE1GMANN: Has any developer been encouraged to go this route? You
know, i look at Founders' Village, which is a very good thing. It gave a lot
of people an opportunity at a lower price to sta? here, and I don't think it hurts
the area any, when you take a look at Founders' Village. I'm wondering why
some developer hasn't come in, and did a similar thing, but did it along the lines
of a family-daughter situation, where at that point, whoever would buy it, at least
could get an income from the piece of property.
SUPERVISOR MURPHY: That was the whole intent, and maybe we could look into
it, and maybe make the process simpler. That might attract more people.
EDWARD SEIGMANN: Or maybe encourage some developer when he comes to you
with a suggestion about affordable housing, maybe try and steer him in the direc-
tion.
COUNCILWOMAN COCHRAN: This is the direction, I believe, Costello wanted
to go in the beginning, was a two family with a common wall and so forth.
SUPERVISOR MURPHY: We're open to anything like that. Mr Carlin?
FRANK CARLIN: Frank Carlin, Laurel. Several months ago, I came before the
Board with a traffic problem, that we have there in Laurel by the Information
Center. Somebody comes before the Town Board, I notice, there's two things
happen here. When they're explaining their problem, you all seem to nod your
56 AUGUST 29, 1989
head, that you understand what he's saying, and when he's finished, the second
thing s you give lip service. What I mean by lip service is, you'll look into the
matter, well, we'll get back to you. In this case, neither was done. This is
a very serious problem we have here. I counted 24 cars Saturday made U-turns
in front of my house, because they couldn't, or they didn't know the information
center was there~ because of the lack of signs. I requested you to put a sign
just west of the building, south side of the road, where people can see it,
indicating parking to the north. They have the sign a half a mile down by the
Laurel there, maybe two foot square. They don't notice that. Any day I can
predict there's going to be a serious accident there. Somebody's going to come
up by the bridge and hit somebody broadside. They'tegoing to end up in Jamespo~
It's disgusting, that a simple matter like this can't be corrected. You know what
it's like in this Town Board? I'1I tell you what it's like. It's like you're playing
football, and you're passing the ball around with nobody ever making a score.
That's what it's like. ! pay enough taxes, not to be aggravated with this. I
haven't used my driveway. It's blocked off all .summer, six months ago. Summer's
over with now. There's one thing I want to make straight here. I'm not against
the information center, but it's on the wrong side of the road. It should have
made,- and,.put it up by your place, Frank, up there where your building..
where you business is, on the right side. That would have been convenient,
plenty of places to park. It shouldn't have been put on the left side of the road,
on the opposite side of the track to start with. You spent $29,000.00 to build
that building, but you can't resolve a simple sign, that mic3ht reduce this, or
completely eliminate this problem. It's really disgusting. Not disgusting. I can
understand. There's the Supervisor's furniture problem. Three and a half years,
laying in the cellar and nothing's resolved yet, all rusting out. How can I expect
to find and have you resolve the sign. It's serious. Believe me, it is serious,
and something should be done about it, but it wasn't. You dropped the ball,
and I've come here twice. There's no excuse for it. That sign they have in
front of the building there, look at it, it's this high. You can't see that when
you're coming down-that forty-five, fifty miles an hour. It's too late. They're
crossing a double solid line, making a U-turn. There's two violiations right there.
They drive in my driveway. They drive in my neighbor's driveway. I have my
driveway blocked off. One guy drove all the way up in my driveway, into the
back yard. I shouldn't have to put up with ~his, Frank, and Frank, you as the
Supervisor, if nobody else can do something, you should take the bull by the
horns. You're an elected official here on this Town Board. If nobody else wants
to do anything, you take the bull by the horns, and let's get something done.
COUNCILWOMAN COCHRAN: May I say something? I've met with Peter Kren.
Perhaps these things don't always move as quickly as we would like, Frank. I've
gone up several times. I've driven the length of road to see exactly how the
problem can be solved. The sign that's on 'the road, it's a State road, so it was
their recommendation to place that little two by,whatever sign, where it is. They
felt that was..That was their determination, and the Department of Transportation
felt that was the best place for the sicjn. What I suggested after trying analysis,
because I know what problem has been created, what might help solve the problems,
that people were aware of the turn before they hit your driveway, I suggested
to the Chamber,that perhaps the little sign that sits down on the lawn could be
placed on the side of the building, because if you come along that straightaway,
Frank, you ride that straightaway, and you look, that sign that was on the side
of the building would be very visible to you on the full I~ngth of the straightaway,
before you have to make your turn, then it does need a smaller directional for
the turn there. Yes, it does. I have not had a reply from the Chamber and
perhaps [ arn remiss for not contacting Peter, and saying, what the devil do you
people see as helping for a solution to this problem? So that's where it stands
at this point. It's not like, l,.as a Board member haven't been doing something.
I've been trying to get a problem solved. It is not solved yet. No, it hasn't,
Frank.
FRANK CARLIN: I'll tell you, I live right there, put the sign on some kind of
building, people are not going to notice.
COUNCILWOMAN COCHRA~'~: Oh, yes, they are. On the side of that building,
they are.
FRANK CARLIN: The sign has to be put on the side of your traffic, where you're
traveling, where your eyes are.
COUNCILWOMAN COCHRAN: It needs a directional..
FRANK CARLIN: You're not looking at that building. You're looking straight
atlead. That sign should be..
AUGUST 29, 1989
COUNCILWOMAN COCHRAN: When.,/ou,re coming around that curve, Frank, that
building is straight ahead in
FRANK CARLIN: There's no curve there, Jean. Approaching on the west the
information center. That's straight now. There's no curve there.
COUNCILWOMAN COCHRAN: There is.
FRANK CARLIN: No, there's not. After you get around there, yes. I live
200 hundred feet down, just west of Lady Bokina~s...
COUNCILWOMAN COCHRAN: Just try it. So, I for one have been trying .to do
something.
FRANK CARLIN: I'm sure the State will put something up there, when they know
they have a problem like this, but it's gone for six months, and nothing's been
done.
COUNCILWOMAN COCHRAN.' I, at least tried.
FRANK CARLIN: Just tried. Summer's over with now, meanwhile I have..
COUNCILWOMAN COCHRAN: But the prc~blem's still going to be there through
the fall. It's not like it's only in the summer.
FRANK CARLIN: It will probably be there another two years.
57
COUNCILWOMAN COCHRAN: I don't think so, Frank.
FRANK CARLIN: Sure, it will be. I haven't seen it resolved, and I don't think
it ever will be.
COUNCILWOMAN COCHRAN: There's six people here.
FRANK CARLIN: You know, it's funny. Usually I come here six months ago,
and I come before the Board and I think, well, election year, if you want something
done, maybe you'll get it done.
COUNCILWOMAN COCHRAN: I'm not running, but I'm trying to do it.
FRANK CARLIN: But,' there are two things that happen in election year. When
you wan~something done, go before the Board in election year, and after the
election, in January they take their big fat raises. Thank you.
COUNCILWOMAN COCHRAN: As a Town Council, there's no such thing as big
fat raises.
FRANK CARLIN: I'm telling you, somebody's going to be killed there some day.
SUPERVISOR MURPHY: I hope not, Frank. Thank you.
FRANK CARLIN: They're coming from the top of that hill, and they're coming
up under that railroad overpass. There's a blind spot there. You can't see, and
they're going to hit somebody broadside. Someb.ody's going to be killed. Now,
we've straightened out, and we raised the bridge, and we've had no problems
there, no more. ~For two. years, we've had no accidents there. We don't want
to have anymore now. We raised the bridge, and we fought with petitions, and
got the curve straightened out, and we can't resolve a simple little sign that maybe
is as big as that picture on the wall. All of you ought to be ashamed of yourself.
Really I mean it.
SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board?
(No response.) Any other Councilman like to make any comment? (No response.)
If not we'll recess and go into executive session for a discussion with the PBA
negotiations, and then after we'll go in with the CSEA negotiator, and then we
will close the meeting, officially,' Thank you for coming out today.
Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting be and hereby recessed at 4:15 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.
58
AUGUST 29, 1989
EXECUTIVE SESSION
4:20 P.M. - Moved by Councilman Penny, seconded by Councilwoman Oliva,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: All. The Board discussed P.B.A. negotiations. At 4:35 P.M.,
while still in Executive Session, the ~3oard met with their negotiator Charles Graves
to discuss CSEA negotiations.
5:30 P.M. - The Executive Session adjourned, and the Regular Meeting reconvened.
38.-Moved by Councilman Penny, 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 the contract acjreement between
the Town and the Southold Town Police Benevolent Association, Inc. (PBA), for
the term of two (2) years, January l, 1289 through December 31, 1990, all in
accordance with the approval of Town Attorney Schondebare.
38.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Murphy. Absent: Councilwoman
Cochran.
This resolution was declared duly ADOPTED.
Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board meeting be and hereby 'adjourned at 5:35 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.