HomeMy WebLinkAboutTB-05/31/1988SOUTHOLD TOWN BOARD
MAY 31, 1988
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (10:15 a.m.),
Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth
D. Oliva, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare. Absent:
Councilwoman Ellen M. Larsen (ill).
9:10 A.M. - The Board met with PBA President John Baglivi to discuss to discuss Senate
and Assembly bills to amend the retirement and social security law in relation to additional
pension benefits payable to certain members of the New York State and local police
and fire retirement system. Officer Baglivi urged the Town Board to go on record
in support of the bills. The Board received favorable written comments from Police
Chief Winters and Account Cushman, and agreed to adopt a resolution in support
(see resolution no. 23).
EXECUTIVE SESSION
9:15 A.M. - Board met with Board of Appeals Chairman Gerqard Goehrinqer to discuss
litigation and personnel, afte~ which they met with Executiv~ Administrator Lessard
and Code Enforcement Officer Wieczorek to discuss personn.
10:15 A.M. - Board met with George Desmarais, H2M Group, and Dr. Elliot Epstein,
E & A Environmental Consultants, Inc. for an update on the progress of the proposed
Solid Waste/Sludge Composting Facility Program, and a review of the Draft Request
for Proposals, making necessary additions and deletions to same.
11:15 A.M. - Wayne DePetris met with the Board to urge them to publicize Lyme Disease.
Mr. DePetris' daughter has the disease and he therefore has firsthand experience
with the side effects. He and his wife had been circulating a fact sheet concerning
the disease since this is the height of the tick season, and encouraging the public
to call them for more information. The Board agreed to give the matter all the
publicity they can. Brochures are already being distributed in Town Hall.
11:30 A.M. - The Town .Board had the pleasure of meeting with the members and
their wives and aides from the Natural Gas Company of Denmark (3I individuals).
Supervisor Murphy, on behalf of the Town Board, presented the gas company board
members with the Seal of the Town, and the visitors presented gifts to the Town
Board, Town Clerk and a crystal bowl to the Town.
11:55 A.M. - For Discussion Items: (1) Senate and Assembly bills relative to police
and fire retirement system, resolution no. 23, discussed at 9:10 a.m. with Officer
Baglivi..(2) Bond Counsel fees - Town Attorney Schondebare is still awaiting the
fee schedule from Hawkins, Delafield & Wood. (3) Letter from the Farmland Committee
requesting the Town Board to establish review procedures for open space created
as a res~ilt of clustered subdivisions or land development. The Farmland and Water
Advisory Committees wo~d like the Town to assume ownership of as much of the
environmentally se..nsitive land as possible. This matter will be referred to the Code
Committe~. (4) l~terim billing statement from ~ith, Finkelstein, Lundberg, Isler
& Yakaboski.with respect to Lo Stack~Jnteriors v. Town of SouthOld and Ronald Morizzo
Builders, Inc. v. Town of Southold. (-5) Discussed decision on unsafe building hearing
held on May 17th regarding the building of Henry A. Pollak, and (6) the building
of Margaret Ciacia (see resolutions 31 and 32). (7) Letter from the Suffolk County
Archaeological Association/Nassau County-¥Archaeological Committee calling the Board's
attention to the fact that-the recent ra~id development of the Town is destroying'
MAY 31, 1988
an irreplaceable part of our cultural heritage--the unseen prehistoric and historic
archaeological resources within the Town. Referred to the Planning Board and Town
Attorney for study. (8) Notice of Affordable Housing Conference to be held at
Poughkeepsie, New York on June 27th and 28th (see resolution no. 24). (9) Request
from The Parrish Art Museum to hold a concert on Southold Park District property
at Horton Point Lighthouse. Board authorized Town Clerk to issue permit (this request
was subsequently withdrawn). (10) Supervisor requested permission to allocate funds
for the prnd~etinn nf ~ nhntn ~lh,,m - "Southo!d ,oo,, .A ~._
.................. , ................. ~,~ sent to Southwoid, England.
Board agreed. Funds to be taken from Historian budget and a transfer into that
account will be made at a later date when needed by the 'Historian. (11) Receipt
of voucher for payment in the amount of $5,150.00 from Szepatowski Associates, inc. ~,
relative to services in connection with the Local .Waterfront Revitalization Pro-ram l?i~i~
agreement. At the present time the draft is not acceptable to the State. To~n Attorn~l
will research provisions of the agreement before voucher is submitted for payment.
(12) Memorandum from the County Executive's Office requesting establishment of a
45 mile per hour speed limit in Town waters (see resolutions no. 28 and 29). (13)
Supervisor advised Board Jim Gray has suggested the location of a police substation
at the Feather Hill shopping complex. This will be discussed by. the Police Committee
with Chief Winters. Most Board members feel substations in Orient and/or Laurel
would be more acceptable.
12:45 P.M. - Recess for lunch.
2:30 P.M. - Board met with heating and air conditional expert R. Ghosio to discuss
his evaluation of the systems at the Town Hall. Mr. Ghosio was asked to submit
a'Rroposal, for his services to correct the systems. Also in attendance was C. Lutz
Of Energy Conservation Products.
2:55 P.M. ~ Work Session adjourned.
REGULAR MEETING
3:00 P.M.
A Regular Meetin~l of the ,$outhold Town Board was held on Tuesday, May 31,
1988 ~Jt th~ Southold ~;3wn Hall, Main Road, Southold, New York. SuperVisor Murphy
-opened the meeting at 3:00 P.M. with the Pledge of Allegiance to the Flag.
Pre~ent: Supervisor Francis J. Murphy
~lu~tice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Town Clerk Judith T. Terry
ToWn Attorney James A. Schondebare
Absent: Councilwoman Ellen M. Larsen (ill)
SUPERVISOR MURPHY: I would like to call this meeting to order. The first order of
business is a resolution approving the audit of the bills of May 31st, 1988.
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva? it was
RESOLVED tha1~ the _followin~ audited bills be and hereby are approved for payment:
General Fund Whgle Town bills in the amount of $40,265.41; General Fund Pa~rt_Town
bills in tt~e~amount of $11,861.27; Highway Department Whole Town bills in the amount
of $4;026.27;~Highway Department I~a~t-Town bills in the amount of $9,910;42; Fishers
Island Ferry District bi s in the amount of $13,138.45; Fishers Island Agency and
Trust bills n the amount of $23.53; Southold Wastewater Disposal DistriCt bilJs in
the amoun[ of $17,419.34~ Fishers Island Sewer District bills in the amount Of $277..~2;
NUtrition Fund bills in {~e amount of $6,577.41; Adult Day Care Program bills in '"
the amount of $48.37; Home Aide Program bills in the amount of $20.73; Snap Program
bills in the amount of $1,336.44; Agricultural Land Development Rights Capital Account
bills in the amount of $850.00; Police Console Capital Account bills in the amount ~.-
of $11,185.50; COmmunity Development Fund bills in the amount of $3,264.24.
Vote o-~-he Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Mucphy.
This resolution was declared duly ADOPTED. -.
MAY 31, 1988 1 7
SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town Board
meeting of May 17th, 1988.
Moved by CouncilWoman Oliva, seconded by Justice Edwards, it was
RESOLVED that ~the minutes of the May 17, 1988 regular meeting Of the Southold Town
Board be and hereby approved.
~f the Towl ~es: Councilwoman.Oliva, Councilman Penny~ Councilwoman
Coch ~.rds, S~pervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR.MURPHY,: Next is. one to set. the next meeting for 'June 14th~ 1988',
7:30 P.M., Southold ToWn'Hall. I offer that resolution.
Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held
on Tuesday, June 14,,1988, at 7:30 P.M., at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this time we have a special proclamation to be made
by David Sinclair the Urban Forester from DEC. Toni (Antonia Booth, Town Historian)
you want to come up, and the Tree Committee too? What members do you have here?
Just one? Edward Dart. We knew we could depend upon you, Ed.
URBAN FORESTER DAVID SINCLAIR: Okay, I'm a Forester with the Department
of Environmental Conservation here on Long Island, and Department is awarding
different communities around the State the Urban Forestry Award to recognize those
communities that have conducted special projects for tree planting and beautification.
The Town 'of Southold is receiving the award for the Southold Challenge, which was
the tree planting project after the hurricane (Hurricane Gloria). I'd like to present
this to the Supervisor.
SUPERVISOR MURPHY: Thank you, I appreciate it. We made Southold look a little
better.
URBAN FORESTER DAVID SINCLAIR: And going with the award is the seedling
from the historic Washington Sycamore up in White Plains. That tree was historic
because it was at the site of one of Washington's headquarters in White Plains during
Revolutionary War.
SUPERVISOR MURPHY: Thank you very much. Ed, do you want to say anything~
EDWARD DART, Chairman ot: the Southold Town Tree Committee: Well, only that
Southold now has a Town Tree Committee and we are formulating a Tree Ordinance
to try to preserve and protect some of the few trees that we have left along our
Town roads and by-ways and so forth. So we're about ready to present something
to the Town government that we hope can get in corporated into Town law to protect
our trees and in general have more awareness of the benefit trees have in the Town
and we want to start maintaining our trees,, doing some pruning and planting. There's
a lot of bare areas that could surely use some of that. So it's a fun project to be
involved with and I'm happy to be on the Tree Committee.
SUPERVISOR MURPHY: Thank you, Ed. Toni, would you like to make a statement?
(No.) We have all kinds of gifts today. We had this beautiful bowl for fruit, flowers,
whatever, presented to us by some visitors from Denmark. And they also presented
each one with a sug vase, named for the noise that it makes when you empty it.
!. REPORTS.
SUPERVISOR MURPHY: Okay, the first item on the Agenda are Reports, and these
are all on file in'the Town Clerk's Office.
1. Times Mirror Cable Telev~,sio. report for the month of April, 1988.
2. Building Department's mont-I~_ly report for May, 1988.
3. Recreation Department's monthly report for May, I988.
4. At this time I would-like to ask the Councilmen if they have anything special
to report, starting on ms~ left with Ray Edwards. -~
JUSTICE EDWARDS: Yes, Frank. To begin with there were three of us from the
Town Board, and Jim Hancock who is Chairman of the Fishers Island Garbage Committee
who went down to Bio Cycle in Philadelphia. We had two very informative days on
solid w:-~.~-te and recycling, which was, I think, the biggest thing that's going to be
put before us in the next three or four years. Fishers Island is doing well. They're
still not too happy with our Walsh Park A~fordable Housing gathering group over
there. We were short-changed by two lots due to some people in the Planning Board.
The Board of Health okayed the 12. The Building Department okayed the 12~. The
Planning Board okayed the 12, and they come up with a little gimick where we're
only going to get 10--for now anyway. Fishers Island was very busy this weekend.
I think they set an all-time record bringing motor vehicles over to the Island. Some-
thing like 300 they brought over on Friday. This morning I could not fly out early
because of the fog and i just-took a chance that I could fly later and not take the
ferry. The ferryboat was completely full..l,think they left 10 or 15 car~s this morning
that couldn't get back,~u, ~ .... L,,~,~'---~ was a specia charter at ~10:00 o'clock that was
going to bring them back. i had a beautiful flight over. The fields are green,
and it's pretty hard to see the Town Hall from the air now with all these big beautiful
trees with their leaves on. All in all it's been a pretty weekend. Oh, yes, I went
down to our little local airport Monday morning iust to drive around there, and there
were 15 planes that were there for the weekend. So it's nice to have an airport
in your backyard. Thank you.
COUNCILWOMAN COCHRAN: Do you feel like you've got a zap?
SUPERVISOR MURPHY: Jean.
COUNCILWOMAN COCHRAN: Thank you. I would just like to report that the dedication
of the Southold Town Green went very well Sunday..We had some lovely entertainment.
It's unfortunate that we were scheduled to start at 1:00 and the first entertainment
group was 45 minutes late, so it kind of delayed the program and made some 'people
restless, but all in all I would like to congratulate the Committee for the beautiful
job that was done. It's like the old barn-raising when everyone cooperates and works
together in a positive fashion and it all happens at no expense to the taxpayer, all
through donations and volunteer time and it's kind of nice to know that that'spirit
still exists in $outhold~ I have very little to report because I was fortunate enough
to have a week off and I traveled to Reno, Nevada. it's interesting now when I
travel, since I've been in this position. It was for the National Bowling Tournament,
and you meet and have the opportunity to speak with women from across the entire
United States and I.don't just say, ."Hi:, how are you?" I now say, "What is your
landfill? What is your water situation?" And it's' just ingrain. It's part of something
you do now as you travel. In Oregon they call it a groundfill. We call it a landfill.
Reno is in" their second year a drought, and they feel that the drought :is g~ing
continue for quite sometime. They're used to gett ng--in the Lake Tahoe area, over
400 inches of snow which they are not,gettin'g, but there were just two little interesti~il
facts I'd like to share with you. We did do a paddle-wheel cruise on Lake Tahoe,!
which is absolutely the most magnificant location I've ever seen. the Lake itself is
99.7% crystal, clear pure of pollution. It's an alpine lake. The filling of the lake-~it's
a very deep'lake--but it comes, of course, from the falling of the snow on the mountains.
There is some development along the south side of the shore of the lake where Lake
Tahoe Village is, and one of my first questions--what about septic and cesspools?.,
Well, you're not allowed to build on the. lake unless you put in holding tanks, and
then the holding tanks are pumped out~ and this is the one way that they've been
able to keep this lake as pure as it is. It picks up its color from the sky. So if
you have a gray day it's one color. The day we were there it was the most magnificant
beautiful blue sky you'd ever want to see, and the color of the water was Tidy Bowl.
That's the color blue it was. We said, "Look at all this Tidy Bowl." And the other
interesting fact I found interesting was when'we were up in---it does, Frank. It's
the most beautiful blue you'd ever want to see. One of the gals said it's "Tidy Bowl",
and I agreed with her.
SUPERVISOR MURPHY: That's where they bottle it.
COUNCILWOMAN COCHRAN: It's beautiful. .But one other fact that I found very
interesting, in the area of Lake Tahoe there, are seven different volcanos, and they
showed 'us--we were were on another tour--they showed us one volcano that has not
had any snow stay on it for two years. When Mt. St. Helen erupted--which is 650
miles away from Mt. William, which was the volcano in the Lake Tahoe area~-*it made
the internal temp~erature of the volcano rise 51%, so for the last few years when it
has snowed the snow .melts off this particular mountain. But I found it interesting
that a velcano w~uld erup~ 650 miles away and~ffect the one underground in Lake-
Tahoe. I just wanted to share those_t~hings with you. All in all it was a nice trip.
SUPERVISOR MURPHY: You didn't te~l us the best part.
COUNCILWOMAN COCHR~N: What's that?
SUPERVISOR MURPHY: Your winning.-
COUNCILWOMAN COCHRAN: I didn't want to put that in the publi'c record: But
I did come home a winner. I had my t~ip paid for out of my winnings.
SUPERVISOR MURPHY: We won't report"~/ou. We won't say what yoUr trip cost.
MAY 31, 1988
179
COUNCILWOMAN COCHRAN: Thank yo~U, Frank.
SUPERVISOR MURPHY: George?
where we negotia
SUPERVISOR MURPHY:
COUNCILMAN PENNY: Compared to Jean's, mine is going to.be fairly boring. On the
18th we had a Commerce and Industry Committee meeting. We discussed the parking
-~ituati0n in S0~thold Village,, and possible ways to cure it. We decided t° get a committee
tng~th~r .......... tn repnrt, .................. nn the n~d ~nd plne~m~nt nf hnml~l' nnrkinn dJr~r']'Jnnnl ¢~gn~ ~n
people are aware of the parking areas that do exist at present.. We also discussed
ver~ ~ugl]ly 1~1 position on the Master plan~ our upcoming
with the Utility Committee of the Village of Greenport
~ the EaSt-West WASter District. Thank .you.
Thank you, George. Ruth?
COUNCILWOMAN OLIVA: I just agree with Jean. It,s terrible, wherever you do go,
you start aski0g PeoPle, "What do you ge:t for your water?'! "where do you put your
garbage?" "Where ~ioes ~your. sewerage go?" A little '. knowledge sometimes is a terrible
.th~ng. Anyway, since the last time I was. here-~l Wasn't here at t!~e last Board meeting--
but 'on May 4th we had a Code Committee meeting which Ellen had, reported on before.
~s a :al Erosion Conference in Riverhead which was very interest-
the problems or in "V" zones,
On May 5th
ing about buil
which was a very
12th we had L
Mr, Wickham g~v~
York City to the
Conference, and I
and, the
resting presentation.
They were
Board. May
dinner which
traveled to New
: Waste Mana~lement
gs to be of , ~that they are even
doing some source separation and plilot projects in Brooklyn ~ with apartment houses,
and it's working ~,ery ~ell. Also there was a gentleman ti ~he plastics industry,
and they're becoming aware too of the need to recycle materials. SO
within the next year or two there will bea code embossed on. thei:bo.ttom of plastic
bottles and you ~villbe able to tell '~y that code wh~t ~ y~pe of resins are put
into it, so ther~efore: you will b~ abide to recycle ways~ Also there
Was a gentleman there, f~m the EP~ who told us I ~.o~ernment is becoming
more and more involved now w~th ia:ndfdls and geme~t, and .! was able
to speak to him, and he was actuality fa§cinated ~ith we are going to have
our own household hazarcl~us waste' building in t~ :inea,r ~/~e w~ nts ~1 the
information about it,~nd~a~ we progiress'~l~ng' alii the in ,0~ we're progressing
about, for public, rel~tion$:~, i~te other,,comm~ities, .~.r ~11o~r. ~ ~ .y~ because evidentially
we re the f. rst one he's e~en heard!~of .~n the entire~coi~ ~he¥ were also most
impressed with our household battery c0llection. No o~ ~eier~ doing that.
So I think Southold fils first in a few things here. we,al a presentatio~ by Mr.
Nosenchuck from the DE~C and I must sa~ I gave a coP~ of bis remarks tO the Boar~d.
He was quite adament in his presentation that by 1990 he wants every landfill in,the
State of New York closed. So we have a lot of work to do in ~he next t~o years. From
May 18th to May 20th I also attended the Bio Cycle Conferedce in Philadelphia. -I found
it to be most informative. It was a more positive approach I thought this year than
last year. There were more and more people. It was ~extremely well at~ended. They're
really interested in finding out aboutI recycling, about source separation, separating
out the composting facility.. They'r~ interested in a refuse drive to~, but they really
want more and more information on just not to go into incineration. So it was extremely
well attended and very positive thing. On May 23rd I attended Lon~ Island Re~lional
Planning Board's Watershed Protection Area Advisory Commi~ee~ We', had presentations
by a couple different people from Nassau County. They sure have ~ lot of problems.
They have like 700 sumps in Nassau County and yet only 25% of them are put in an
area which can really contribute to groundwater protection. So they have work to
do. And then the Assistant Director of Planning Arthur Kunz had been in a planning
conference in Texas and he gave a short report on what they call the Edwards Aquifer
there. It's just a narrow piece ther~ and it's shaped like a til~ed pan and it just really
runs right off, so really when the ~ain falls the people are practically drinking it the
next day. But~the interesting thing there is they have no zoning,~.~o planning. So
they have allowed buildings in areas that should never be built upon~, that in the next
few year~ they probably will have g!reat, great problems with ~heir w~ater. On May
24th we had the Farmland Preservat~ion Committee, an~ we are ~oing to send some other
farmland proposals to the County for ~the County acquisition. We also had a meeting
of the Open Space Committee, an orgar~izational meeting, and our cha~irman will be Art
Ross, and we will be mee[ing with a: couple of people on some Open space propositions
in our next meeting in J~ne. May 25th was a Trustees meeting'. May 26th I was ~ry
privileged to attend the dedication of a memorial plaque for William Sr~ith and Harry
Smith at the Informational Booth at G~ceenport by the Chamber of Commerce. May 29th
I attended the Green Dedication here which was really quite lovely and very, very
well done, and I certainly would add my thanks to Jean's to that of the Green COmmittee
who wo~:ed so hard. On May 30th we attended the Cutcho~lue Parade with the dedication
to the"~morial dead down at the palrade ground down in Cutchogue,' and that was
very well attended and was just a jo~y to ~e and see all the kiris th'er're so cut~ I~nkln~
at them. We met with some of our I~nish friends from Denmar~k'at a'~buffet last~ve~n~in'g,~
which also was most enjoyable. Also, there will be no Code Committee meeting tomorrow
night, June 1st, because Jay can't be there or Rob, and we will reschedule that for
next Wednesday, June 8th. Thank you.
SUPERVISOR MURPHY: Thank you, Ruth. Ellen is missing] today. She's had a badly
impacted, infected tooth, and i~ guess it's taken out now and she 'still has quite an
infection I guess. So I would just like to add a couple more. That Bio Cycle Conference
! thought was excellent, and I think an awful lot of ~good information came out of it.
We had a very busy and very enjoyable week with the dedication of the Green and
echoing everyone'S sentiments I would like to thank the cOmmunity for doing such a
good iob and presenting .the ,Town with such a beautiful park. We did have--you talk
of ho~ when l~eOpie~come-~in 'particular I ~met'the peOple :from Denmark last' ni~h~. Jea~II
arranged a lovely party down there to meet different people, and they really were
but the week before I had come in to my o~fice the Rot~r~ exchange i~eople from the
Philippines. They were professional people. ! believe there were five of them, and
started talking .about the Town, how the Town governs and all this, and the different
departments, and within about ten minutes ~we got'or~ 'tO landfiil~ and garbage problems.
We spent about an hour and a half down at'the landfill
about what they're doing and ~their various
and it's not just on ~Long Island, it's
now~ from today, 10:00 o'clock in the
of our Stop Pro,]ram buildin~ household ~
site. The Commissioner of DEC will be'down to hel
Jorling and Harold Be~'ger~ plus we're inviting
to Albany very shortly with Dr. Epstein ~
DEC and the NYSERTA people on funding
So it does look very good.
I!. PUBLIC NOTICES.
~g what we've done, talking
is problem
weeks from
to havre the dedication
~e building--Commissioner
~ect to go up
:k from the
Southold.
SUPERVISOR MURPHY: Moving on to the second item on the agenda. There are three
public notices. These are all on file on the Town Clerk's Bulletin Board.
1. New York State Department of Transportation expands a 30 mph area sP~ed
limit in the northerly portion of Peconic and'southold to include the area bounded by
Mill Road, 'Long Island sound and 'C.R. 48. ~
2. U.S. Army Corps of Engineers notice, of application of West Lake Association--
to bulkhead, fill and dredge with 10 years maintenance at West Lake, Hog Neck Bay,
Little Peconic Bay, Cedar Beach, Southold. Comments by June 10, 1988.
3. New York State Department of Environmental Conservation notice of application
of William A. Lindsa¥, Jr. to install an 8 inch diameter well with a pump having 300
gpm capacity, to a depth of 90 feet for farm irrigation at farm property bordering on
Bergen Avenue near its intersection with Cox Neck Road, Mattituck. Comments by
June 10, 1988. .
III. COMMUNICATIONS.
SUPERVISOR MURPHY: There was one Communication and it was from the DEC,
Commissioner Thomas C. Jorling, concerning workshops and public hearings on the
6 NYCRR Part 360 Regulations, Solid Waste Management Facil"ities, and 6 NYCRR Part
219 Regulations, Air Emissions from Incinerator Facilities. This again is on file in the
Town Clerk's Office.
IV. PUBLIC HEARINGS. (None)
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to Resolutions, and at this time I would like
to remintJ everybody of the Town Board's policy.. If you would like to address the
Town Board on any of the proposed resolutions, -any that are listed on your Agenda
you may do so now. - We will have a period 0f time after the meeting where the Town
Board will liste~ to anyone's comments on any subject whatsoever. So at this time
I'd like to ask an.yone, in the audience if they would like to address the Town Board
on any of the prdposed resolutions? (No respO~se.) Hearing none we'll move on tb
the first one which is to enact a Lo~a~l ,Law.
1.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 16 - 1988 was introduced at a meeting of this
~3oard held on the 19th-day of~April, 1988; and~ .-~
WHEREAS, a ublic hearin ~as held' thereon by this Board on the 17th day of~ Ma~,
1988, at which time all interested persons Were given an opportunity to be. heard there-
on; now, therefore, be it
RESOLVED that Local Law No. 16 - 1988 be enacted as follows:
LOCAL LAW NO; 16 - 1988
A Local Law in Relation to Zonincj
BE IT ENACTED by the Town Board of t~i'e Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of South01d is amended as follows:
1. Section 100-131 is hereby amended by adding Subdivision "D" to read as
follows:
D. Architectural features. That the architectural features of proposed
buildings and signs are ~n character with that generally prevailing
in the neighborhood.
II. This Local law shall take effect upon its filing with the Secretary of State.
~.-vote of the Town Board:,~)'~: ..... Councilwoman~, ..... ~v~, ~uu,,~,.,~,'~ ' Penny;
Cochran, Justice Edwards, Supervisor Murphy.
This resolution Was d~clared duly ADOPTED.
SUPERVISOR MURPHY: Okay, Number 2 is a budget modification to the General Fund,
Whole Town of $100.00. I offer that resolution.
2.-Moved by Supervisor ~ Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow-
inc. I 1988 BUdget modification-to the General Fund - Whole Town:
To: A1355.2 Assessors, Equipment $100.00
From: A1355.4 Assessors, Contractual Expenses $100.00
to provide additional ~budget for Assessors' equipment.
2.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Pen'ny~ Councilwoman
Cochran, Justice Edwards, SUpervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is a budget modification in the 1988 Budget for the
General Fund, Part Town for zoning equipment for $30.00. I offer that resolution.
3.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow-
in~ 1988 Budget modificastion to the General Fund - Part Town:
To: B8010.2 Zoning, Equipment $ 30.00
From: B8010.4 Zoning, Contractual Expenses $ 30.00
to allow for additional purchase of Board of Appeals equipment.
3.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is a budget modification, General Fund, Whole Town,
for Community Environmental Trees, Contractual Expenes of $450.00. I offer that
resolution.
4.-Moved by Supervisor Murphy,-seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the follew-
in~l 19.88 Bud~et~modification to the General Fund - Whole Town:
To: A8560.4 Community Environment- Trees $450.00
Contractual Expenses
From: A1990.4 Contingent, Contractual Exp~nses $450.00
to estaDlish a budget for Tree Committee miscellaneous expenses.
4.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 5 is to accept a proposal for the Cutchogue
Library.
5.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of Environment East, inc., in the amount of $4,685.00, for the construction of a handicap
access ramp and door at the Cutcho~ue Library;-said amount to be paid with Community
Development Year 13 funds.
5.-Vote of the To~n Board: Ayes: Councilwoman Oliva, Councilman Pe~ny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution w~s declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is a_designation of non-significance on a proposed
zone cha~ge.
6.-Nloved by Councilwoman'-~D4[va, seconded by Councilman Penny, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation 'Law, State
Environmental Quality Review, and 6NYCRR Part 617, Section 617.10, and'.Chapter
44 of the Code of the Town of Southold, notice is hereby given that the Southold
Town Board, as lead agency for the action described below, has determined that the
project~-~hich is unlisted, will not have a significant effect on the environment.
Description of Action: Petition of Harold Reese for a change of zone from "C" General
Industrial District to "A" Residential and';~Aqricultural District on certain property
located north of Route 25, East Marion. New York.
The project has been determined not to have a significant effect on the environ-
ment because an environmental assessment has been submitted which indicated that no
MAY 31, 1988
significant adverse effect to the environment are likely to occur should the project be
implemented as planned, and because there has been no response in the allotted~ time
from the New York State Department of Environmental Conservation it is assumed there
is no objection from that agency.
6.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
COChran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number-7 is to set a public hearing for Harold Reese,
8:00 o'clock on Tuesday, July 12th, 1988, Southold Town Hall~ on that proposed zone
change. I offer that resolution.
_Tq.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva,
WHEREAS, Harold Reese, by petition dated April 12, I988, petitioned the Town Board
of the Town of Southold for a chan~le of zone on certain property located north of
Route 25, East Marion, from "C-1" General Industrial District to "A" Residential and
Agricultural District~ said property bounded and described as follows: BEGINNING
at a point marked by a pipe on the westerly line of land of Harold Reese, Sr. & Harold
Reese, Jr. at the northwest corner of the land now or formerly of Frank R.' Russel,
which point is north 77 degrees 35 minutes 27 seconds west 1575.22 feet from Suffolk
County Monument No. I0'-1243, said monument being north 334t063.87 feet east 2,460,282.43
feet in New York State Plane Coordinate System, Long Island Zone; running~ thence south
77 degrees 58 minutes 14 seconds west along the land now or formerly of P~o,hald Edeen,
Jr., a distance of 155.85 feet; thence south 74 degrees 31 minutes 54 seconds west, still
along the land now or formerly of Ronald Edeen, Jr., a distance of 59.26 feet to the land
nwo or formerly of Frank E. and Ethel M. Begora; thence south 78 degrees 29 minutes 54
seconds west along the land now or formerly of Frank E. and Ethel M. Begora, a distance
of 295.42 feet; thence south 27 degrees 28 minutes 06 seconds east still aloncl the land
now or formerly of Frank E.~ and Ethel M. Begora, a distance of 11.58 feet to'~ the land
now or formerly _of Myron B. Brown; thence ~south 76 degrees 28 minutes 04 seconds west
along the land now or formerly of Myron 13. Brown, a distance of 180.74 feet to the land
now or formerly of Robert S. and Helen M. Koch; thence north 24 degrees 0,8 minutes 36
seconds west along the land now or formerly of Robert S. and~Helen M. Koch and .along
land now or formerly of Dorothy E. Cook, a ditance of 932.76 feet; thence south 65 degrees
51 minutes 24 seconds west sti I along the land noir or formerl~ of Dorothy E. Cook~ a
distance of 137.75 feet; thence north 24 degrees 41 minutes 56 seconds west still alon~e
land now or formerly of Dorothy E. Cook, a distance of 529.80 feet; thence ~orth 23
degrees 47 minutes 16 seconds west still along the land now or f°rmerl of Doroth E
Y Y ·
Cook, a distance of 269.74 feet; thence north 65 degrees 51 minutes 34 seconds east still
along the land now or formerly of Dorothy E. Cook, a distance of 141.2~ feet; thence
north 24 degrees 08 minutes 36 seconds West still along the land now or formerly of
Dorothy E. Cook, a distance of 206.00 feet; thence north 25 degrees 26 minutes~56 seconds
west still along the land now or formerly of Dorothy E. Cook, a distance of 311.78~feet
to the land now or formerly of Otto Uh[, Jr., and other; thence north 61 degrees 16
minutes 04 seconds east along the land now or formerly of Otto Uhl, Jr., and others, a
distance of 156.76 feet to the land now or formerly of Spencer Terry, Jr.; thence south
25 degrees 31 minutes 36 seconds east alonc] the land now or formerly of Spencer Terry,
Jr., a distance of 836.45 feet~ thence north 65 degrees 47 minutes 54 seconds east, still
along the land now or formerly of Spencer Terry, Jr., a dist~ince of 288.00 ~feet to land
now or formerly of Harold Reese, Sr. and Harold Reese, Jr.; thence along the land of
Harold Reese, Sr. and Harold Reese, Jr., the following ten (10) courses and distances:
(1) south 24 degrees 12 minutes 06 seconds east, a distance of 114.00 feet; (2)north
63 degrees 38 minutes 54 seconds east, a distance of 132.47 feet; (3) south 31 degrees
31 minutes 06 seconds east, a distance of 365.92 feet; (4) south 26 degrees 17 minutes
26 second east, a distance of 243.77 feet; (5) south 27 degrees 12 minutes 56 seconds
east, a distance of 125.51 feet; (6) south 25 degrees 15 minutes 46 seconds east, a ·
distanc~ of 89.21 feet; (7) south 26 degrees 13 minutes 26 seconds east, a distance of
340.95 feet; (8) south 26 degrees 01 minutes 36 seconds east~ a distance of 84.75 feet;
(9) south 27 degrees 23 minutes 06 seconds east~ a distance of 92.49 feet;~ (10) south
24 degrees 53 minutes 26 seconds east, a distance of 106.94 feet to the point or place
of BEGINNING~ and
WHEREAS, the SouthoId Town Planning Board ~..nd Suffolk County Department of Plann
have prepared official reports and recommendat'ions on the aforesaid petition; now, the
fore, be it
RESOLVED that the town Board hereby sets 8:00 P.M., Tuesday, July 12, 1988, Southold
Town Hall, Main Road, Southold, New York, as time and place for a public hearin[l on the
petition of Harold Reese for a ~:hange of zone, at which time any person desiring to be
heard should appear at-t~e tim'e and place above so specified; and be it further
RESOLVED that the Town- Cierk be and she..hereby is authorized and directed to cause
notice of said hearing to be published in the official newspapers pursuant 'to the require-
ments of law.
7.~Vote of the :Town: Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPT._E~D..
MAY 31, 1988
SUPERVISOR MURPHY:
for bids.
183
And Number 8 is to authorize the Town Clerk to advertise
8.~Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
the Town Clerk ~to advertise fpr bids for the purchase of the followin~t items ~for the
Superintendent of Highways:
i. 5,000 iinear feet of snow fence wi~h pickets i-i/2~ x 3/8 inches, spaced
2 inches apart, 4 feet high stained red, with five (5) double strands of 12-1/2 gauge
galvanized wire in 100 linear foot rolls~ more or less as may be needed.
2. 500 - 6 ft. studded steel "T" posts with flanges or anchor plates on posts,
posts shall ~o~ be less th~n 8.65 lbs. each; more or less a~s may be needed.
8.-Vote of the Town. I~oa~i'd~ Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice EdWards pervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to grant permission to Victor Lessard and Tom
Fisher to attend a New York State Building Officials Conference. I offer that
resolution.
9.-Moved by Supervisor Murphy, seconded by Councilwoman Cochra~, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Victor Lessard and Thomas Fisher to attend the New .York State Building Officials
Conference, Inc. to be held from September 21 through 23, 1988, at the Fallsview Hotel,
Ellenville, New York, and the actual expenses for travel, meals and lodging shall be
a legal charge against the Building Department's 1988 Budget.
9.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Coch~an, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 10 is to authorize the hiring of a real estate
appraiser for the Farmland Preservation Committee. ! offer that resolution.
10.~Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Farm-
land P~eservation Committee to en~a~e the services of Andrew Stype to conduct three
appraisals: Puglise property, Cutchogue; Shalvey property, Cutchogue; Gatz property,
Mattituck, at $600.00 per appraisal; and be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and
directed to execute a~reements between the Town and Mr. Stype for the aforesaid
services.
10.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilm~n Penny, Councilwoman
Cochran, /ustice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 11 is to an allocation of funds.
11.-Moved by Supervisor Murphy, seconded by Councilwoman Coch~an, it was
RESOLVED that the Town Board of the Town of Southoid hereby allocates $3~000.00,
as Southold Town's share, for the employment of James A. Faraldi & Associates to
represent the East End Towns in Albany w~th respect to the Land Bank Bill; said
payment to be made to the East End Supervisor's Association in two equal payments.
11.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 12 is to appoint a Special Bay Constable.
12.-Moved by Justice.Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby~ appoints' Dennis
D. Crowle¥,~Jr. as a Special Bay Constable for the PUrpose of patrolling the water-
ways ~n and about Mattituck Creek; and be it further
RESOL.VED that' Supervisor Francis J. Murphy be and he hereby is authorized
and directed to execute an a~reemer~t between the Town and Dennis D. Crowle¥,
Jr. to perform Special Bay Constable. services for the Town, and in connection
therewith to patrol the waterways in and about Mattituck Creek, he to supply
his own boat, at a fee of $7~50 per hour, plus an allowance of $250.00 during
the term of the agree~.~nt for servicing his equipment; said agreement to comme~e
on June 1~ 1988 and end on September 5, 1988.
12.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, °Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I~umber 13 is to accept a bid.
1 8 4 MA 3 . 1988
Rescinded 6/14/88-Resolution #3
13.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Mullen Motors, Inc., in the amount of $8,690.00, for supplying the Town ~.ith
~ ~-~) 2--~-~-~el--~-~i~e Pick-Lip for the Recreation Department, all in accordance
with the bid specifications.
13.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
~ochran, JUStice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPH~Y: Number 14 is to accept another bid.
14.-Moved by Councilwoman Oliva, seconded by Councilman Penny~ it was
RESOLVED that the Town Board of the Town of $outhold hereby accepts the bid
of Mullen Motors, Inc., in the amount of $13,247.00, ~fo~' supplying the Town with
one (1) 7-Passenger Van for the Town Hall, all in accordance with the bid specifica-
tions.
14.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 15 is to appoint swimming instructors.
15.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as Swimming Instructors, 15 hours-per week, effective June
27, 1988 through August 5, 1988: Alycia Tozar: $7.00 per hour; Kristen Tozar:
$6.00 per hour;.Margo Everitt; $6.00 per hour.
15.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to appoint a Tennis Instructor.
SUPERVISOR MURPHY: Number 17 is to grant permission for the three Building
Inspectors to attend a seminar in Albany. I offer that resolution.
17.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to three (3) Building Inspectors to attend an Educational Seminar concerning access
to the physically handicapped, sponsored by the Capital District Chapter of the New
York State Building OFficials Conference, on Wednesday, June 22, 1988, from 9:00
A.M. to 3:00 P.M., at Albany, New York, and the necessary expenses for travel,
meals and $25.00 registration fee per Building Inspector shall be a legal charge
against the 1988 Building Department Budget. , .
17.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, CounCil'woman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is a resolution to force the applicants to defray
the cost of reviewing the draft environmental impact statement, which includes a scoping
session, and that a deposit in the amoutn of $~,000.00 shall be paid to the Town
prior to the date of the scoping session. I offer this resolution.
18.-Moved .by su~e'rvisor MuPphy, seconded by Councilwoman Cochran, it was
RESOLVED tha~ the Town Board of the Town~of Southold, in ~ccordance with Chapte~
4~1, Section 20 of the Code of the~Town of Southold and Part-617 NYCRR, tluat applican, ts
are required to defray the cost of~Viewi'nq a Draft Environmental Impact Statement,
which includes a scoping session, and that a deposit in the amount of $2,01~0.00 shall
be paid to the Town prior to the date of the scoping session.
18.-Vote of the Town Boac~l: Ay. es: Councilwoman Oliva, Councilman Penny, Co~uncHv~man
Cochran, Justice Edwards~ Super¥isor Murphy.
This resolution was declared duly ADOPTED.
SUPERVIS'OR MURPHY: Number 19 is a special one also regarding a deposit with
respect to the perdition of Carr/Wanat for a change of zone.
19.-Moved by Supervisor Murphy, seconded~by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of So,bold, in accordance with Chapter
44, Section 20 of the Code of the Town of Southold and Part 617 NYCRR, hereby
16.-Moved b'y Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mike Drozd
as a Tennis Instructor, 10 hours per week, effective July 5, 1988 through August
25, l~f $12.00 per hour. ' i
-Vote ..... ~
of the Town Board: Ayes: Counc Iwoman Ol~va, Councilman Penny, Counc~lw~,~a~.~
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
MAY 31, 1988
185
determines that a deposit of $2,000.00 shall be paid for scoping session and review
of the Draft Environmental Impact Statemen~with respect to the Carr/Wanat petition
for a change of zone.
19.-~Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
~2ochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
r:r~v,ou.r~ vlur~rn ~. ~,,u ,~u.,uur 20 is another one or] the ~etltion -~ r .... ~_.~
Villas for a change of zone. I offe'r that resolution.
20.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter
44, Section 20 fo the code of the Town of Southold and Part $17' NYCRR, hereby
determines that a deposit of $2,000.00 shall be paid for scoping session and review
of the Draft ,Environmental Impact Statement, prior to the date of the scoping session,
with respect to the petition of Southold Villas, Inc. for a change of zone.
'20.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is the same with respect to the Gris~Vold-Terry-
GIover Post No. 803 for a change of zone. I would like to hold this one.
COUNCILWOMAN COCHRAN: Why?
SUPERVISOR MURPHY: Do you .want to charge them the money?
COUNCILWOMAN COCHRAN: They are a non-profit organization, but it's a change
of zone.
SUPERVISOR MURPHY: Jay, do you have any comments on it?
TOWN ATTORNEY SCHONDEBARE: You never waived before, so I don't know why
you're doing it now.
COUNCILWOMAN COCHRAN: True. No exceptions.
SUPERVISOR MURPHY: Go ahead, Judy, I'll withdraw my proposal to hold.
21 .-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, 'it was
RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter
44, Section 20 of the Code of the Town of Southoid and Part 617 NYCRR, hereby
determines that a deposit of $2,000.00 shall be paid for scoping session and review
of the Generic Draft Environmental Impact Statement, prior to the date of the scoping
session, with respect to the petition of the Griswold-Terry-Glover Post No. 803 for
a change of zone.
21:-Vote of the Town Board: Ayes: Councilwoman Oliva,'Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to authorize an advanced fee payment.
22.-Moved by Councilwoman Oliva, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an advanced
fee payment in the amount of $100.00, representing a down-payment for the Saturday,
August 16, 1988 fishin9 trip with Captain John Scanlan; check made payable to John
Scanlan; said charge to be made to A7320.4, Joint Youth.
22.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy~
This resolution was declared duly ADOPTED. "
SUPERVISOR MURPHY: Number 23 is to go on record in support of Senate and
Assembly ~bills i'egarding police and fire retirement benefits. I offer that resolution.
23.-Moved by Supervisor Murphy, se~c;~ted by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby ~loes on record in
support of Senate Bill No. 3632-C and Assembly Bill NO. 5608-C, entitled "AN ACT
to amend the retireme~+~ and social security law, in relation to the additional pen~_~ion
benefits payable to certain members of the New York State and local police and fire
retirement system"; and directs the Town Clerk to transmit a copy of this resolution
to Melvin H. Miller, Speaker of the Assembly, Senator Caesar Trunzo, and Assembly-
man Anthony,S. Semimerio.
23.-Vote..~'.~f the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Justice Edwards,
Supervisor Murphy. Abstain: Councilwoman Cochran.
This resolution was declared duly ADOPTED.
1 8 6 1988
SUPERVISOR MURPHY: And Number 24 is to authorize Town Board members to attend
an Affordable Housing Conference.
24.-Moved by Councilwoman Cochran, seconded by Councilwoman Olive, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Town Board members to attend an Affordable Housin9 Conference to be held
at Poughkeepsie, New York on June 27 'and 28, 1988, and the nonmember registration
fee of $125.00 per person and actual expenses for travel, meals and Iodginlg shall
be a legal charge against the 1988 BudgeL
24.-Vote of the Town Board: Ayes: Councilwoman Olive, Councilman Penny, Councilwoma~
Cochran, Justice Edwards, Supervisor MUrphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to authorize a cash advance. [ offer that
resolution.
25.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a $61.00
cash advance for transportation for Assistant Town Attorney Robert Berntsson and
Planner Valerie' Scopaz for their trip to a conference in Rhode Island.
25.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is to appoint Laure Carlisle as an instt-uctor for
recreation programs.
26.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints ~Laura Carlisle
as an Aerobics Instructor, $20.00 per hour; Walkabout Program Leader, fc~r scenic
walks throughout Southold town, $15.00 per hour; and Baton Twirlin9 Instructor,
$15.00 per hour; program period from July 5, 1988 through August 29, 1988, 6 hours
per week.
26.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly A~DOPTED.
SUPERVISOR MURPHY: And Numl~er 27 is to set a public hearing for the fire hydrant
contract with the Village of Greenport.
27.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was '
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M./ ~-
Tuesday, June 14, 1988, Southold Town Hall, Main Road, Southold, New ~ork, as
time and place for a public hearin9 fo~ the purpose of considerin9 a proposed contract
with the Villaqe of Greenport, for the furnishin9 of water for fire protection purposes
by said Village to the Fire Protection' District established in the-Town and known
as "East-West Greenport Fire Protection District, Town of South01d, New York", for
a term of five years, and for such service the Town shall pay the Village the following
sums: 1988 - $80.00 per hydrant, 1989 - $85.00 per hydrant, 1990 - $90.00 per hydrant,
1991 - $95.00 per hydrant, 1992 ~ $100.00 per hydrant.
27.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 28 is a resolution changing our Code to establish
a 45 mile per hour speed limit on Town waters. 1 offer that resolution;
Amended 6/14/88- Resolution #7
28.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that pursuant to Section 32-36.A of Chapter 32 of the Code of:the Town
of Southold,,,the Town Board of the Town of Southold hereby limits the speed of ~
boats in the waters, of the Town of Southold to 45 miles per hour, effective immediat~;i!.
38.-Vote of the To~vn Board: Ayes: Councilwomai~'Oliva, Councilman Penny,,Councilwoma~
Cocl~ran, Justice Edwards, Super-v~or Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number ~29 is to set a public hearing on a proposed Local
Law. I offer that re~-~lution; -~-
Rescinded 6~14~88-Resolution #6
29.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in relation to Boats,' Docks and Wharves";
now, therefore, be it
RESOLVED that the Town Board hereb~ sets 8:05 P.M., Tuesday, June 14, 1988,
Southold Town Hall, Main Road, South~fd, New York, as time and place fo~' a public
hearing on the aforesaid proposed Local Law which~eads as follows, to wit:
LOCAL LAW - 1988
A Local law in relation to Boats, Docks and Wharves
BE IT ENACTED by the Town' Board of the Town of Southold as follows:
I. Chapter 32 [Boats, Docks and Wharves) of the Code of the Town of Southold
is hereby amended as follows:
1.. Section 32-36.A is deleted.
2. A new section 32.36.A is added to read as follows:
.,_ L--~ .~m, ~, ..... + ,4 · +l~ ,.,=*~.c ~ the Town of
$oothold in excess of forty-five (45) miles per hour.
II. This upon its, f ling with: the,Secretary of State.
29.-Vote of ,.the .Ayes: Councilwoman Olive, CounCilman Penn~, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy~
This resolution was declared duly ADOPTED.
COUNCILMAN PENNY: Is this the same as the prior resolution?
TOWN ATTORNEY SCHONDEBARE: We researched it and I think we're better off
with a Local Law rather than just a resolution. Do the resolution and we have it
and then we'll go and do the Local Law.
SUPERVISOR MURPHY: Number 30 is to authorize the drilling of-two test wells for
the water mapping on Fishers Island on Town highways. I offer that resolution.
30.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Ground Water Inc., M~ddletown, Connecticut, to install two (2) test wells on Town
of Southold property at Fishers Island (well sites as shown on location maps on file
in the Town Clerk's Office); installation to be under the supervision of the Fishers
Island Utility Company; provided they secure and file with the Town Clerk a Certificate
of Insurance naming the Town of Southold as an additional insured.
30.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
T~his resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, we are going to discuss two inspections that were
made of unsafe buildings after the meeting, but to save time is there anyone here
who would like to address the Town Board at this time? Yes, sir?
JOHN TUTHILL: I'm John Tuthill of Orient. I guess it's no surprise I want to talk
about the planned State take-over of some land around Hallocks Ba~. Now, about
four weeks ago we talked about maybe the Town Board would help us, and since new
information has come up, i would like to continue that discussion a little bit on this
help. To give you a definition of what we're talking about, We're not asking th..e
Town Board to go to war with the State, we're just asking you to make a resolution
to write a letter to Harold Berger to have him come down here and talking to us
as a group. Now, we didn't get very far the first time around, so we landowners
wrote some letters after that meeting. We wrote three letters and they're all the
same. And we wrote one to Assemblyman Sawicki, one to LaValle and one to Governor
Cuomo, and in each one of them we asked them if they would get in touch with Harold
Berger and ask him to come and talk to us as a group. And in that letter we stated
what we would like to talk to Harold Berger about. Now, again nobody will be surprised
if the first thing we wanted to talk to him about was that we do not want to sell
our land. Now, the second thing we want to talk to him about was that this is a
private property take-over and not an environmental issue. Since there are now
Town, County and State laws to adequately protect the wetlands. Now, this is where
a new item came in providing talking about private property take-over. As you people
probably noticed in The Suffolk Times last week, there was a copy of a letter that
Greenport-Southold Chamber of Commerce sent to Governor Cuomo on this same subject,
and I would like-to read part of it to make it-a part of this meeting. And it went
like this: "The Assembly hearing which was held last year reveals the high-handed
tactics of tl~ DEC. The desire and methods used by the DEC ~re shown in recent
attempts of the DEC to seize properties in Orient against the landowner's wishes.
These-p~opertles have been preserved for generations by private ownership and have
shown a respect for nature. Tl~es_e, properties pay taxes to the Town of Southold
and are basically unbuildable lots. _Why remove them from the tax rolls? The whole
opera~ion of the DEC is similar to Nazi Germany...in the same manner as the Gastopo.
What has happened to our property rights in New York State? According to the
local newspapers the~:gEC is unwilling to discuss the proposed seizure of their :l~roperty
with the property owners. The DEC apparently has .no respect for our elected-l-own
officials either. This is not an isolated case. This is an infringement on our
Constitutional rights." This is written by Richard Wilton, President, on behalf of
the Board of Directors of the Southold Chamber of Commerce. So I was glad to have
that_-~tatement too, because that's the way we've been feeling and that is the reason
we would like to have some help from you people along that same line so that we
can get that across to Harold Berger.'-~ Now, the third thing we wanted to tell Harold
was that--this is number three: Why does the State really want to buy our property?
18 8 MAY 3,. ,,88
They already own Long Beach State Park, and with this acquisition will own over
30% of Orient. We hope Harold Berger ~fill understand that we don't want to be over-
whelmed by the State. More State purchases, four lane roads and .little _Orient will
be gone. So it's really an important thing to us that we don't lose Orient. So again
! wish' that you would help us. Ruth, at one time you said you would make the motion
to get.some high DEC officials out here to talk to us, and-now is a good time to make
that motion.
COUNCILWOMAN OLIVA: Well, as I had told you- we did speak to Harold ~3erger
about coming down and 'he said he did not feel it would be effective to talk to the
group as a whole0..but would be happy to'answer~any individual questions that you ~
have. So I think ......... ' ~
JOHN TUTHILL: But I think you could write a letter with the backing of the whole"'
Board and at ieast gi:ve him an indication that everybody down here in Southold Town
is interested in at least being able to talk to the DEC.
COUNCILWOMAN OLIVA: Well, that you'd be able to do by discussing it with Harold
Berger yourself.
JOHN TUTHILL: Well, we want to talk to them as a group.
COUNCILWOMAN OLIVA.' There again we presented your opinion and he gave us
his opinion, so .....
JOHN TUTHILL: Can this letter be written? We would like to have the Town Board
write this letter and ask him to come down. And we hope that these other letters--
maybe the Senator and the Assemblyman and the Governor will also help. But ! think
that it would be good if you people could, as a whole, go on record with a letter
and ask him. Could we do that?
COUNCILWOMAN OLIVA: Again I feel that we have asked Mr. Berger and we had
many of the officials there, that they felt that a lot of your concerns were so individual
that to speak to you as a group as a whole would be rather fruitless, because there's
so many' conflicting things, that they would talk to individuals, because, John, if
you don't want to sell it you will tell them "no". That's it. When they come.
JOHN TUTHILL: Sure, and then what do they do?
COUNCILWOMAN OLIVA: I don't think that--you know, the State or any governmental
agency is. in the process of taking property away. ! really don't.
JOHN TUTHILL: With Gids Island they're doing it right now.
COUNCILWOMAN OLIVA: That was a very special case, because they could not really
build upon it because the thing is~ flooded and you and I both know it.
JOHN TUTHILL.' But it's no more special then the rest of Hallocks Bay.
SUPERVISOR MURPHY: All right, this is not a debate, Mr, Tuthill. You're here
to address the Town Board if you'd like, _ Do you have anything else?
JOHN TUTHILL: I am addressing the Town Board. I wish you'd write this letter.
SUPERVISOR MURPHY: Thank you. Is there anyone else who would like tOaddress
the Town BOard?
JOHN TUTHN_L: Thank you.
COUNGILMAN PENNY: I'd love to write the~etter, John.
JOHN TUTHILL: ! know it. I know~_ it.
COUN'ClLWOMAN COCHRAN: I would like to remark to John that you have my support
a-s far as the letter is concerned.
You know that.
LLOYD TERRY: Mr. Chairman, I would like .....
SUPERVISOR MURPHY: W~uld you identify yourself, sir.
LLOYD TERRY: Lloyd Terry, Orient. As most of you know, the State promised
certain things to the people of Orient when they took over Long 13each as State Park,
and when the hurricane washed out the road, I think it was in '38, they conveniently
saw fit to condemn all those projects. Now, understand that that was at the time
of the depression and everybody was S~ort on money. Now we have 4 million dollars
just burning a hole in certain pockets, and with th~-in mind they want to take over
MAY 31, 1988
189
more land. Now,they already have a~ e~i~!~ ~ m~lle of beautiful gravely beach on the
north side of Long Beach. West of Pete Neck they promised a dock and this was
a project that would benefit many, many people, not only local, but a beach and
a new road and a dock I think people would get their money's worth. I don't see
any reason why they should just sit like a dog in a manger On land they already
had and already~had prc~ised to do certain things to, and then they just reneged
on it. I don't see how you can build up any confidence in a situation like. that.
We have no ~dea w. hat L,,~y ,,,,~nu Lv u~ L,,is tidal land for. If they do take it, to
say nothing of the buffer .zone. I understand they've gone inland and take some
of our best.farmland. This is maybe like Russia, as ~el:i as Nazi Germany. Thank
you very much.
SUPERVISOR MURPHY: Thank you, sir. Is there anyone else who would like to
address the Town Board? (No response.) If not, ~ will entertain a motion to recess.
JUSTICE EDWARDS: Just a moment I have something to say.
SUPERVISOR MURPHY: Oh, go ahead. I'm sorry.
JUSTICE EDWARDS: It was about I think the end of April or beginning of May that
Councilwoman Cochran questioned one of the resolutions about the Fishers Island
Ferry. Every time they haul the boat out there's a contract in there so much per
sacrificial zinc, so she asked what a sacrificial zinc was. So when they hauled out
the Race Point I had one put aside and I'm going to present Mrs. Cochran with a
sacrificial zinc. It came off of the Race Point and it made at least 300 round trips
to Fishers Island.
COUNCILWOMAN COCHRAN: That's fascinating. This is zinc?
JUSTICE EDWARDS: That's one of about 50 that they removed off the boat and put
new ones on.
COUNCILWOMAN COCHRAN.' Okay, thanks to Fishers Island and to Judge Edwards.
It's something I've always wanted.
JUSTICE EDWARDS: You can use that for your rock garden.
COUNCILWOMAN COCHRAN: I shall treasure it always. Thank you. Thank you.
SUPERVISOR MURPHY: Judge, do we have any more presentations?:
JUSTICE EDWARDS: No, nothing at the present time.
SUPERVISOR MURPHY: Okay, anyone else like to address the Board? (No response.)
Ail right, I'd like to entertain a motion to recess for the time it takes discuss these
two unsafe buildings.
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that a recess be called at this time, 4:00 P.M., for the purpose of discussing
pending decisions with respect to two unsafe building hearings.
Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 4:15 P.M.
SUPERVISOR MURPHY: I will reconvene this meeting. Resolution No. 31 is the decision
on thA Henary A. Pollak unsafe building hearing. I offer that resolution.
31 .-Moved by Supervisor Murphy., seconded by Councilwoman Cochran,
WHEREAS, the Building Inspector of the Town of Southold has made a formal inspection
of the premises owned by Henry A.. Pollak, premises described in a deed dated Dec-
ember .16,~ 1952'from Beulah T. Cooper, reco~ed in the Suffolk' County Clerk's (~ffice
in Liber 3452 Page 99, also referred to as: Suffolk County Tax Map designation: District
1000, Section 126, Block 07.00, Lot'S0_-01.000, and thereafter prepared a written report
thereon and filed the same in his office; and
WHEREAS, it was deteremined by the Building Inspector that the building or structure
on said premises is dangerou~s or unsafe to the public; and
WHEREAS, the Building Inspector promptly thereafter served a notice on the ow.ner,
~heir agent, or other persons having an interest in said property, pursuant to the
provisions of Chapter 90 of the SouthoId Town Code; and
WHEREAS, said---no~ice required that the owner of said premises either make the building
on the premises safe and secure, o~ remove the same, and secure the perimeter of the
property to prevent unauthorized persons from entering the property, said work to
commence within ten (10) days from the date of service of'the notice .__a~.~d shall be com-
pleted within thirty (30) days thereafter; and _~__~. __
I90
WHEREAS, the owners of said premises has neglected or refused to comply with the
provisions of said notice within the time specified therein; and
WHEREAS, a public hearing on said matter was held by this Boardon the 17th day of
May, 1'988;
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:
1, That. based upon the written report prepared by the Building Inspector and
?ed in his office.and upon the evidence given by said Bu Iding Inspector at the hearing
neid on May 37, i988, this Board does hereby determine ti~at the building or structure
located on said premises is unsafe or dangerous to the 'public.
2. That this Board does hereby determine and order that the owners of the build-.
lng or structure on said premises shall repair said building or structure to the appr~l
of the Building Inspector, or remove the building or structure on said premises on ot~ii~
before the 1st day of December, 1988. ~
3. In the event that the owners shall neglect or refuse to repair or remove said
structure from'said premises within the time specified in the preceeding paragraph, then
and in that event the Supervisor be and he hereby is authorized and directed to procure
estimates for the removal of the building or structure on said premises and submit the
same to this Board fox_its consideration as soon thereafter as possible. '~
4. That thereafter this Board shall, based upon such estimate, provide for the
letting of a '8ontract for the taking down and removal of the building or structure on
said premises.
5. That the cost and expenses of the taking down and removal of the building
or structure on said premises shall be collected by the Town of Southold in the manner
provided-for in Section 90-9 of the Code of the Town of Southoldo
6. It is further ordered that a certified copy of this resolution be sent by the
Town Clerk to the owner of said 'premises by registered mail, return receipt requested,
within three days of the date hereof.
31 .-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The next one is a decision on the .Ciacia property., I offer
that resolution.
32.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, .~
WHEREAS, the Building Inspector of the Town of Southold has made a formal in:~ecti~
of the premises owned by Margaret Ciacia and referred to as: Suffolk County T~:(MsI"~!~I
designation: District 1000, Section 053 00, Block 01 00, Lot 004.000, and also knoWn ~-~
446 Main Road, Greenport, New York, and thereafter prepared a written report thereon
and filed the same in his office; and
WHEREAS, it was determined by the Building Inspecto_r that the building or structure
on said premises is dangerous or unsafe to the public; and
WHEREAS, the Building Inspector promptly thereafter served a notice on the owner,
their agent, or other persons having an interest in said property, pursuant to the
provisions of Chapter 90 of the Southold Town Code; and
WHEREAS, said notice required that the owner of said premises either make the build-
ing on the premises safe and secure, or remove same, and secure the perimeter of the
property to prevent unauthorized persons from entering the property, said work to
commence within ten (10) days from the date of service of the notice and shall be com-
pleted within thirty (30) days thereafter; and
WHEREAS, the owners of said premises has deglected or refused to comply with the
provisions of said notice within the time specified therein; and
WHEREAS, a public hearing on said matter was held by this Board on the 17th day of
May, 1988;
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:
I. That based upon the written report prepared by the Building Inspector and
filed in his office and upon the evidence given by the Building Inspector at the hearing
held on May 17, I988, this Board does hereby determine that the buildings or structures
located on said premises are unsafe or dangerous to the public.
'2. That this Board does hereby de~ermine and order that the owners of the
buildings or.~truc~ures o.n said premises shall erected a six (6)foot high chain link
fence around the immediate area of the buildings, acceptable and approved by the
Building Inspector, within fifteen (15)'days from this date, and the owners of the
buildings or structures on said i~,~ises shall make safe, to the approval of the Build-
ing Inspector, or remove the b.uildings or structures on said premises on or before the
30th day of June, 1988.
3. In the event that the owners Shall neglect or refuse to fence and secure or
take down and remove the structures from said premises within' the time specified in
the ~p-~eceeding paragr~)~h, then and' in that event the Supervisor be and he herel~.y is
authorized and directed to procure estimates for the removal ~f the buildings or structure./
on said premises and submit the same to this Board for its consideration as soon there-
after as possible~
-~'~ That ~hereafter this Board-shall, based upon such estimate, provide for the
leering of a contract for the taking down and removal of the buildings or structures on
said premises. ;~
5. That the cost and expenses of the taking down and removal of the buildings
or structures on said premises shall be collected by the Town of Southold in the manner
provided for in Section 90-9 of the Code of the Town of Southold.
- - 6. It is further ordered that a certified copy of this resolution be sent by the
Town Clerk to the owner of said premises by registered mail, return receipt requested,
within three days of the date hereof.
32.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, JusLi~e Edwards,
~r ....... Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Any Town Board members have anything else to say?
(No response.) Motion to adiourn is in order.
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 4:20 P.M.
Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Judith T. TerrYJ~~
Southold Town Clerk