HomeMy WebLinkAboutTB-07/29/198661
SOUTHOLD TOWN BOARD
JULY 29, 1986
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards,
Councilman James A.. Schondebare, Councilwoman Jean W. Cochran, Councilman
George L. Penny IV, Town Clerk Judith T. Terry, Town Attorney Robert W.
Tasker. Absent: Councilman Paul Stoutenburgl~ (hospitalized).
8:30 A.M. ~ The Board met at Kenneys Beach with New York State Sea Grant
-Extension Pro~lram representative Jay Tanski to discuss the erosion problem at
that beach.
9:1S-A.M. - Police Chief H. Daniel Winters met with the Board to proposed corrections
at Police Headquarters to correct uncomfortable temperatures. Councilman Penny,
when a member of the Building and Grounds Committee, requested Garrett Strang,
Architect, to make suggestions with respect to the problem and he had. suggested an
energy audit of the existing building, with comparision of "as is" and improved con-
ditions. Councilman Penny suggested the possibility of completely sealing and weather-
proofing the outside of the building as a solution. Supervisor Murphy ~els t~here
should be a capital improvement provision in the budget for work to be;~cComplished
on all of the town buildings over the next couple of years. It was decided Chief
Winters would meet with Garrett Strang to review his proposal.--Chief Winters informed
the Board the new fence around the impound area is being installed within the next
w~eek, and will include woven material to shield the area.from the public.
9:30 A.M. - Superintendent of..Highways Raymond L Jacobs met with the Board to
explain the flyers that are being distributed to persons entering the Landfill explain-
ing the law relative to covering debris.--He also advised that another fire had occurred
at the Landfill on the evening of July 28th, but was contained very quickly.
9:55 A.M. - Executive Administrator Victor Lessard met with the Board to discuss
the issuance of Cesspool Construction and Operation Permits. Coordination will be
instituted between the Suffolk County Board of Health and the Town with respect
to new cesspools on already developed property to devise a manner of control. At
the present time it is possible to control licensing new cesspools with Health Depart-
ment permits for new dwellings, the alterations or replacements are a problem. A
procedure will be worked out between the BUilding Department and the Town Clerk's
Office.
10:05 A.M. - Community Development Administrator James McMahon met with the
Board to advise them that the President had signed into law a special bill to provide
supplemental appropriations in Community Development funds and the Town can
expect to receive an additional $29,000 for 1986. These moneys must be appropriated
by. the Town or Suffolk County Community Development will assign them, perhaps not
where the Town would like to use them. He suggested placing them in the line item
for the Southold Affordable Housing Projects at South Harbor Road, Southold and
Seventh Street, Greenport. ~To do this the Supervisor must be authorized to sign
a project application (resolution No. 24). Councilman Penny objected to the use of
the funds for only two projects. He felt more people should benefit from the funds.
10:20 A.M. - Receiver of Taxes Geor~le Mellas met with the Board to discuss his
purchase order for mailing envelopes for the 1986-87 tax year. Supervisor Murphy
had not signed the purchase order as he wished to investigage the possibility of
presort printing on the envelopes. Mr. Mellas advised the Board it would be too
costly to presort. This must be done by zip code and the tax bills are by county
tax number. Mr. Mellas will now be permitted to order the envelopes.--A memorandum
from Mr. Mellas with respect to needed repairs in his office quarters were discussed
and the estimate for the'~',work to be accomplished is $100 for material and approximately
two weeks of labor. Work will be completed before the new tax receiving season at
the end of November.--Discussion with respect to the appointment of Deputy Tax
Receivers at each of the local banks, which Mr. Mellas objects to. Town Attorney
JULY 29, 1986
Tasker advised the Board the bill did not pass in Albany permittir~g the Town Board
to appoint deputies. This may only be done by the Receiver of Taxes. Furthermore,
the Suffolk County Tax Act does not provide for the Town Board make the appoint-
ments. However, he is awaiting opinions from Albany with respect to this matter.
10:40 A.M. - Venetia McKei~han, Director of the Southold Town Nutrition Program,
and other similar senior citizen programs, met with the Board to discuss her request
for a change in title to Director of Senior Services, citirig the fact that the title of
Site Manager or Di~rector of the NutritiOn Program causes her to lose credibility at
the many meetings she attends with respect to the numerous senior programs she
administers (see resolution No. 25).--Mrs. McKeighan also brought to the Board's
attention the valuable service being rendered the Board by the Geriatric Network, __
made up of professionals who have been working for four years on a planned, l~
alternative health care system. She requested the Board to recognize the Geriatricli'l
Network and establish same as the designated committee on health issues and servic~
for the elderly in Southold Town (see resolution No. 26).
11:00 A.M. - For Discussion Items: (1) Request for the transfer of the Alfred
Steiner trailer permit to Roy Schoenhaar who is contracting to purchase the Steiner
property (see resolution No. 27). (2) Letter from Holzmacher, McLendon and
Murrell, P.C. relative to a permeability test on clay samples to be brought into the
l_andfill for capping purposes (see resolution No. 28). (3) Garrett Strang's
recommendations with respect to correcting uncomfortable temperatures at Police
Headquarters (Chief Winters to meet with Mr. Strang on this matter). (4) Letter
from Suffolk County Community Development Director Joseph San~everino giving
his opinion, with respect to Federal Community Development Blotk Grant Regulations,~
on the~ transfer of the wood chip grinder to Fishers Island. Mr. Sanseverino advises
that__machine, bought with CD funds, must benefit Iow and moderate income persons,
eliminate slums or blight. Fishers Island does not meet the criteria. (5) Request
from Richard Cron, Esq., on behalf of Greenbriar HOmes, Inc., requesting a refund
of their $5,680.00 inspection fee with respect to the Greenbriar Acres Subdivision
which was abandoned in October 1980. The Board Would like a further breakdown
of expenses incurred by the Planning Board and other agencies with regard to this
subdivision. (6) Suggestion of Supervisor Murphy that proposals be sgught~to
reaplace the carpeting within the Town Hall. The majority of the Boar~ advised
Supervisor Murphy that he should obtain samples for the carpeting,, ha~e specifications
prepared, and then present to the Board for a resolution to go to bid for a specifi ic~~
type of carpet. (7) Discussion relative to proposed"Local Law to repeal the Home / ~I
Improvement Contractors Law of the Town of Southold", leaving the authority for ...... ~
Home Improvement Contractor Licenses to the Suffolk County Department of Consum~
~Affairs who have the staff to investigate applicants (see resolution No. 29). (8)
'Reviewed a proposed job description for Senior Building Inspector and the need to
create such a position (see resolution No. 33).
11:35 A.M. - Robert Webb and James Bitses, SEACOM, met with the Board to urge
them to adopt a resolution providing for the submission of a proposition at the general
election to be held on November 4th with'~ respect to acquiring the distribution facilities
of IILCO (see resolutions No. 30, 31, 32).
11:55 A.M. - Gary E. Loesch, P.E., Project Director, Holzmacher, McLendon and
Murrell, P.C., met with the Board to review the draft "Solid Waste Management Report"
which examines current solod waste disposal practices~ identifies future alterna~tives in
consideration of the "Long Island Landfill Law", and recommends various steps and
tasks that should be conducted prior to implementing a full-scale resource recovery
project.
12:45 P.M. - Recess for lunch.
2:15 P.M. - William Peters, President, Board of Trustees, Cutchoque Free Library,
met with the Board to request the waiver of the $866 building permit fee, and $400
in fees for site plan, variance, special exception and set-off approvals with respect
to the expanstion of the library building. Town Attorney Tasker pointed out that
the Cutchogue Free Library is not eligible for a waiver of the fee due to the fact
it is not a public library, but a free association library--not a public entity. Mr.
Peters read a letter outling his request (on file in the Town Clerk's Office), citing
the fire districts and pa~k districts as being exempt (which they are as public
entities) and asserting that the library falls under this classification (which it does
not, and to waive the fee would be discriminatory).
2:15 P.M. - Frankin Bear, Chairman of the Water Advisory Committee, addressed the
Board with respect to the Water Treatment Program and the need to get star~ed on
Phase I, which would include the employment of someone to manage the program.
Mr. Bear presented a proposed brochure which would provide information on water
testing, type of water treatment unit which may be needed, services to be expected
with respect to installation of units and monitor their performance, approximate cost~
as well as contaminants in the water and health problems they may case. The Board
advised Mr. Bear the Committee should begin to prepare a job description for a project
manager and submit the proposal to.lhe Town Board. The brochure cannot be printed
until a manager has been emoloved to deal with the oro~ram.
2:55 P.M. - Master Plan - Zonin~t --Orient and Route'25, C. utchoc~ue. Supervisor
Murphy advised the Board that Councilman Stoutenburgh has expressed his support
for three acre zoning at Orient, and an R-O district on Route 25, Cutchogue, opposite
Key Food shopping center. Councilman Schondebare stated that he would favor two
acre zoning in Orient r with the exception of the Hallocks Bay and Narrow River Road
area, where he favors five acre zoning. Councilman Penny presented a contour map
of Orient and recommended-that all areas below the seven foot elevation be designated
five ~.c~e~; the remainder of Orient to be two acres. John Tuthill, Orient resident,
informed the Board he felt this was a good comprise. Lloyd Terryt Orient, protested
the proposal as a violation.of human rights. John Berryman, speaking for the Board
of Directors of the Greenport-Southold Chamber of Commerce, said Orient should be
zoned the same as the rest of Southold Town. Vilma Marston, President of the Water,
Land, Wildlife Protection Group, Peconicr said'Orient should be~zoned at the highest
acreage possible. Orville Terry, Orientr opposed the two acre/five acre proposal;
the zoning should be three acres for all of Orient. With respect to Route 25, Cutchogu~
Supervisor Murphy, Justice Edwards, and Councilman Stoutenburgh and Schondebare
-all favor R-O District. Councilwoman Cochran and Councilman Penny favor Business.
3:30 P.M. - The Board reviewed the regular meeting resolutions.
4:40 P.M. - Audit of bills.
5:00 P.M. - Work Session adjourned and the Board interviewed Civil Service Eligibles
for the position of Public Safety Dispatcher.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Town Board of the Town of Southold wa~held on
_Tuesday, ,July 29, 1986 at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Murphy opened the meeting at~7:30 P.M. with the Pledge of Allegiance
to the Flag.
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
Town Attorney Robert W: Tasker
Absent: Councilman Paul Stoutenburgh (hospitalized)
SUPERVISOR MURPHY: Thank you. Councilman Paul Stoutenburgh is in the
hospital. He has a kidney infection, I guess, and hopefully they'll find out exactly
what caused it and how to treat it. We, in a gesture of kindness to Paul, we sent
him flowers today. Hopefi~lly he'll take it as we're hoping he gets better. Okay,
the first order .of business is a resolution to approve the audited bills of July 29th.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered .paid: General
Fund Whole Town bills in the amount of $38,051.13; General Fund Part Town bills in
the amount of $7,802.33; Fishers Island Ferry Distri~:t bills in the amount of $48,286.52;
Recreation Activity Fee Account bills in the amount of $525.35; Agricultural Land
.Development Rights bills in the amount of $21.65; Southold Wastewater District bills
~n the amount of $167.30.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution to approve the minutes, of the regular
Town Board meeting of July 15th, 1986.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the minutes of the July 15, 1986 Regular Meeting of the Town Board
of the Town of Southold be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
JULY 29, 1986
SUPERVISOR MURPHY: The~next is to set the next meeting dates~' the first one
is August 6, 1986 at 1:00 P.M. on Fishers Island at their school, and the second is
a regular meeting here, August 12, 1986, 7:30 P.M.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the next regular meetings of the Southold Town Board will be held as
follows: !:00 P.M., Wednes~tla.y, August, 6, 1986, at the Fishers Island School, Fishers
Island, New York; and 7:30 P.M,, Tuesday, August 12, 1986, at the Southold Town
Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
!. REPORTS.
SUPERVISOR MURPHY: Moving on to Reports. The reports are all on file in the
Town Clerk's Office for anyone who would like to look at them.
1. Town Justice Edwards - monthly report for June 1986.
2. East End Counseling Project Report for June 26, 1986.
3. Fishers Island Ferry District Audit Report for the 1985 fiscal year.
4. At this time I would like to ask our Councilmen if they have anything
special to report, starting on my ri§bt with George.
COUNCILMAN PENNY: Yes, on the 17th we had a meeting of the Town Labor-
M..an.sagement Committee and were discussing many joint concerns of both the,_empl0yees
-and the employers. On the 18th the CSEA Committee met to go~ver job descriptions_
for the~ possible position of Senior Building Inspector. On 7/23 we had a meeting-of
the Code Committee, which Jay Schondebare will report on. Also the Landfill Committee
on the 24th. On l~he 28th, which was y~sterday, we meti with the Village of Greenport.
There were several items--is somebody going to report on that?--of discussion--Pm
the first one and I get to do it? We discussed the 7th Street Sewer Project; some
concerns in the Scavenger Waste Plant; SEACOM and the involvement of the Village
of Greenport, or non-involvement thereof; and the Baymen's dock project. Last
night I attended a meeting of the Water Advisory Committee and there was discussion
of a proposed Town Treatment Program; a proposed flyer to be sending~ut to the
residents; the possibility of hiring an employee~to do some follow-up on~this~ the
Suffolk County Water Authority and where they s,tand.with Captain Kidd, which i$ ~
in negotiations; and some of the things that are happening with the Village of !~.iI~
Greenport's water supply network. I'm reporting on this because the chairman,
Paul Stoutenburgh, is absent this evening. For people that are following the ~
Pound and the Peconic Center, the Peconic Center contracts have been approved by
the Town Attorney and should be signed, hopefully this week.
TOWN CLERK TERRY: Tomorrow, George.
COUNCILMAN-PENNY: ! have been told by the contractor, that they will be ready
to start almost immediately and it should be just a few weeks and they'll have that
work knocked out. The Dog Pound, .for the people that have not seen this in the
paper, the advertisement for it, we're getting a few of the insurance concerns
ironed out and that should be going out hopefully a week from Thursday into the
local papers. And I have just one more thing that we didn't hit today, and i'm
just curious if we can have an executive session before this meeting is concluded,
because we have still left open the Dog Pound Contract which we didn't discuss
today. T ha n k _y_ou.
SUPERVISOR MURPHY: Thank you, George. Jay?
COUNCILMAN SCHONDEBARE: Yes, thank you, Frank. We did have a Code
Committee meeting. We~ve agreed at the Code Committee and made a recommendation
to the Townl~Board, and we're going to repeal the Home Improvement Contractor Law
that we have on the books. What that will' do will have an effect of throwing the
control of Home Improvement Contractors in the Town of Southold in the hands of ~
the Suffolk County Department of Consumer Affairs. We found out that they were ~i i~
getting their licenses revoked in the County of Suffolk, coming out here from the ~
west end, for ten dollars picking up one of our licenses and going to work again,
and causing us a great deal of problem and problems for the people in this community.
We just don't have the ability and the where-with-all to do the credit checks, judgment
checks, police department checks that they have in the County of Suffolk. So, if the
resolution passes, we will repeal our local Home Improvement Contractor's Law. We
also had a Landfill meeting, at which time we discussed the conditions at the Landfill,
especially with regards to the white metals that are up there. It's looking pretty
good and it looks good as far as the brush is removed, the building looks good--as
far as a Landfill can look good--and then when you look over to the west you'll see
these two large mountains of white metal, which is your stoves and every other piece
,~f metal that people discard. You've got two mountains of them. We have a contract
-~f~k pick-up of those metals, but basically the law of~ supply and demand controls~ and
if they can't sell the metals they're not interested in picking them up. So what we
hope to do, or ~e contacted the person ~vho has the contract with us ai~d he assured
us that after August Ist he'll be able to put his trucks back on the road and get up
there and start taking away some off,those.metals. In the mean time what we're going
to do is try to find a compactor which W~il'~ ~reduce the size of those metals and hopefully
we can get a used one and Ray Jacobs is in cha~ge of that matter. We talked about
repairs up there. You don't want to hear that, because it's always discouraging.
It's always large figures. And that was it. Oh, and we had the joint meeting
with the Village of Greenport which was already reported on. Thank you., Frank.
SUPERVISOR MURPHY: Thank you, Jay. Jean?
COUNCILWOMAN COCHRAN: Yes, on the 17th I also. attended the CSEA management
meeting, on the 18th the CSEA Committee, on the 23rd ~the Code Committee. on the
24th the Landfill, and, of course, yesterday with the Village Board, and the respective
chairmen have previously given you a report.on this~ Thank you.
SUPERVISOR' MURPHY: Thank you, Jean. Judge Edwards?
JUSTICE EDWARDS: The only comment ! have to make, Frank, is on the Island
we've had excellent cooperation from the Building Department and the electrical
in,spector over the past I'd say four years or so. They visit at least once a month--
or twice a month to do the building inspectors. The plumbing and the electrical.
Our biggest problem has been getting the Suffolk County Health Department over
to give the okay to backfill the ~septic systems and the dry wells. During a conversa-
tion of Bob Villa of the Suffolk County Health, we're going to make an arrangement
where the Assistant Building Inspector that we have on the Island, who's on the
Town payroll, be certified by three or four days of training over here ,in Suffolk
County_[his fall, where he will be certified to give the okay to I~ackfill these tanks -
ont he Island~ It's been a problem because the contractor will get three or four
houses_ and put~ these tanks in and then have to leave these pits open before they
inspect them before he can backfill them, so this is going to be a real good program
and I'm very happy that Suffolk county has looked on us with their favor. T.hal~s
it, Frank. Thank you.
SUPERVISOR MURPHY: Thank you, Ray. As you notice we set the meeting for
Fishers Island for next w~eek, and one of the biggest advantages of doing thi~' is
exactly what Ray was just talking about. We've had tremendous cooperation from
various state and county agencies when they finally do realize that Fish'ers Island
is part of.,"Southold Town, is part of Suffolk County, ~and that they have a responsibility
there, and they've been going out of their way to try to help the situation. The Town
has been very cooperative, we've flown inspectors over. The Department of Motor
Vehicles now gives licensing tests on Fishers Island, and this comes about really
basically because they get the chance, the officials, the higher ups in the agencies
get a chance to go over to Fishers Island and out, yes it is a big island, that it is
part of our Town, and that they need special treatment. So I'm very glad to see
it. I'd just like to comment also on Jay's comments in the dump. It, I guess, is a
sign of the times when you have such a huge mountain of white metal that we have
there, that everybody is making money o~- has money to spend, because they're all
replacing their refrigerators, washing machines, hot water heaters and everything
and it's causing us a problem, but I'm glad things are looking good in the Town.
The only other comment i would like, and much more information will be coming to
the press thr~ough press releases, ads and all that, we are planning a S~'OP Program
in the Landfill--Councilman Stoutenburgh would have reported on it--and it's set for
September 6th, it's on a Saturday, and we felt that was a very good day where we
still have a lot of summer residents, people closing up their houses, and that hopefully
we'll get a large amount of material turned in to the Landfill so it can be properly
disposed of instead of dumping it in the Landfill and only causing problems for our
kid's kidS.
I1. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on on the agenda to item number il, Public Notices.
1. Department of the Army, Corps of Engineers, application by Budd's Pond
Marine to construct a timber bulkhead, backfill, 'and wave screen, at Budd's Pond,
Southold. Written comments to the Corps by August 6, 1986.
2. Notice from the Times Mirror Cable Television concerning a notice to us that
no increase in ~1986, and the New York Commission on Cable TV regulations regarding
rate increases, and that they will not abide by just the minimum, they will do all
they can to notify anybody.
3. New York State D.O.T., notice of an order expanding the 30 MPH speed
limit in Mattituck west to Laurel Lane. ' '
Iil. COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on to the third item, Communications.
1. From the Southold Town Baymen's Association, Inc. on working with and
supporting our efforts, the Town Trustees and the Town Board and Highway Depart-
ment to control road runoff.
2. The next is from the Orient Association supporting the preservation of Orient
Point. Hopefully we'll have some good news. The County, as you know, passed a
JULY 29, 1986
resolution authorizing the negotiations for the purchase of Orient P_oint and hopefully
it will 9o through.
3. From the County of Suffolk, Office for the Aging, on the Human Resources
Division notifying us of an award of $8,408.00 in grant monies for our Brief Respite
Service with hour Home Aide Program in the Town. We had Vee McKeighan in today
talking to the Town Board and I think, and without bragging, and it's through Vee's
efforts, Town employee's efforts, Town Board's efforts that we, I think,_ have probably
one of the best all-round programs for addressing the aged, nutrition and all, probably
in Suffolk County, probably in Nassau and Suffolk County. We've gotten many grants--
special grants that have only been awarded to us. The last one was on our Senior
Day Care, and it's a fantastic program. Ail I can ask is that anybody who can offer
any help, or who has any problems, to contact Vee McKeighan. It really is amazing
how far-reaching our program is and I think we're doing a very good job. Not pat ~t~
the Town Board and all of us on the back, but Vee really .s doing a fantastic job, ~t"
and it's only come about through the cooperation of the various agencies, the hospitl~.,~j
the nursing home, Father Rocco, the Town Board and the County government that W~ve
been able to' achieve this. It's something I'm very proud of.
IV. PUBLIC HEARINGS. (None)
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to item V on resolutions. I would just like
to remind the people here that if anybody would like to address the Town Board
on any proposed resolution that's listed on your agenda you may do so at this
time. Anything else of any interest to you that is not on the agenda, there will
be a period of time at the end of the Town Board meeting where'anyone in the
audience may ~ddress the Town Board at that time. So at this time I would ask
if anybody in the audience would like to make a comment to the Town Board on
any 6~-the proposed 'resolutions that we have to offer? John?
JOHN COSTELLO: Yes, I have a question on Resolution 36 on the agenda. It's
turning that "M" Light Multiple Residences back to Agricultural, two acre zoning.
Sounds to me that someone's jumping to a lot off'conclusions. There would be -
moderate income housing on this parcel of land. It's a delay. Another step. ,~There
are a lot of things that all can be discussed and ironed out. There's go}rig to be a
site plan presented to the Planning Board. There's one way to get it d~'ne, is we
got to get it on the table. I've been forced through many hearings so far--i never
contended to be a builder nor a developer. Had it gone through the first proposal
I could build the roads and sell of lots. That's beside the point. Now I've been
screening, dealing and talking with developers months and months on this project.
I think I've selected the right type of builder, one that would not devalue any of
the surrounding properties in the area. I do not want to see Fleetfield devalued,
Eastern Shores devalued. I'd rather see a nice home on that site under the "M"
zone to give separate and individual lots. Ail we need is a variance plus a site
plan approval, l'.ve got involved with Don Bracken, who's a developer in Smithtown.
He does a beautiful house. His partner, and one of the financiers behind it is a
woman named Diane Carroll, not the singer. They want to see the project go, and
they're intent on doing some moderate income housing in Southold Town. I want to
see moderate income housing in Southold Town. If we need individual lots we can
get into a variance. I want to be cautious. I've had many people offer deals on
it where they could throw up another Cardboard City. I'm not interested in it and
I don't think Southold Town should be. But I'd like to see projects that would look
like Fleetfield and I'd like to see them conform as close the Code as possible, and
if it has to be discussed, I'm sure it's got to be discussed with the Planning Board
anyway., and i'd like to proceed under those pretenses. ! think it would be a big
help to Southold Town. Everybody's worked hard to get it to this stage. .!I'm not
a builder. I have to get someone involved with me. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address
the Board? Mr. Barth?
PHIL BARTH: I just want to talk in favor of Resolution 30., 31 and 32, which is ~
the one for taking over the LILCO facilities. ! think that although the County and ~ ~
the State are in the process of doing something about a takeover of LILCO we should~.~
not miss the opportunity for doing something on our own in case the State and the
County plan falls through, at least we'll have something to move forward on, and
the studies that we've done and the money that we've spent will not be spent in
vain.
SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board
on any resolutions? Jay?
COUNCILMAN SCHONDEBARE: If you take a look at Number 30 on the agenda,
just so that anyone who is not aware, the cost of taking over LILCO system is
not $23,555.
~TOWN CLERI~,iTERRY: I left off a few zeros.
COUNCILMAN SCHONDEBARE: Tha'{'~h~i~l'be $23,555,000. Slight' problem with
a few zeros.
COUNCILMAN PENNY: Would Mr. Barth like to change his comments on that?
COUNCILMAN SCHONDEBARE: Mr. Barth, are you still in favor now that we
added a few zeros?
MR. BARTH: Yes.
SUPERVISOR MURPHY: Okay, if there are not any other comments I'd like to
move on to the first resolution tonight to authorize to enter into a ~:ontract with
Chief Winters for terms and conditions of his employment.
1.-Moved by Councilman Penny, /'seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a contract between the Town and
Police Chief H. Daniel Winters to provide for the terms and conditions of employ-
ment of Chief Winters throughout his tenure as Chief of Police of the Southold Town
Poli~ce Department.
1.-Vote of the Town Board: Ayes: Councilman Penny, Councilman Schondebare,
Justice Edwards, Supervisor Murphy. Abstain: Councilwoman Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 we're going to hold (pUrchas~e'of a copy machine
-for Police Headquarters). Number 3 is to authorize the Highway Superintendent to
clear~ Wp a cemetery.
3. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby requests Superin~
t~'ndent 'of 'Flig.~ .wa~ Ray~ionct~ L.' ~lacob's' tO' t~k-e'~he' necessa'ry 'steps to clean anc~
groom the Old Cemetery located in Brown's Hills, north of Route 25, Orient.
3.-Vote of the Town Board: 'Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution_was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to rescind a pripr resolution.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their
Resolution No. 22, adopted on July 1, 1986, transferring $4,000.00 from Joint Youth
Activity Account A7320.4, Contractual Expenses, to Petty Cash, RecreatiOn Activity
Fee Account, within the General Fund Whole Town 1986 Budget, to cover salary
expenses and supplies needed for the summer recreation program.
SUPERVISOR MURPHY: ! might comment on this, because there's two other resolutions,
three other resolutions coming after it. This is on the advice of the Town auditors.
Our auditors who do our reports for the County and the State, that they recommend
that this be done this way. This is the new Recreation Department and it's the
first season we're coming into it and they recommended that we change the method
just for the safety of the Town people, the Town employees, so nobody can possibly
get in trouble on it.
4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number ~la is to authorize an expenditure.
4. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby authorizes the
expenditure of $578.31 to be paid from the Recreation Acitivity Fee Account,
and $966.08 to be paid through appropriate expense lines in tine Recreation Budc]et
for July, 1986 expenses (total $1,544.'39):
Sa la ry:
Supplies:
Advanced
Horseback Riding $240.00
Arts & Crafts 150.38
Teen Programs 175.00
Playground $218.00
Arts & Crafts 232.54
Teen Programs 118.47
Fee Pa yment:
Parking & Admission (ocean bus_trip) $ 60.00
Transportation: Ocean bus trip (2) $350.00
4.-Yore of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
(a)man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
8 JULY 29, 1986
SUPERVISOR MURPHY: Number 4(b) is to authorize an advance payment of $30.00
for an August ocean bus trip.
4. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
(b)RESOLVED that the Town Board of the Town of Southold hereby authorizes the
expenditure.o.f $30.00 by the Recreation Department for advance payment fees for
the August ocean bus trip.
4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
(b)man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to authorize and direct that the signature of
the Town Clerk Judy Terry hereby shall be required as a second signature on all
checks written by the Southold Town Recreation Activity Fee Account.
Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
WHEREAS, it has been recommended by the auditors for the Town that two si~Tnatures
be required for all checks written on the Town of Southold Recreation Activity Fees
Account No. 014-30599 5, which checks are presently being signed by Recreation
Director Susan Fossett; now, therefore,, it is
RESOLVED that the Town Board hereby authorizes and directs that the signature of
Town Clerk Judith T. Terry be and hereby shall be required as a second signature
on all checks written on the Town of Southold Recreation Activity Fees Account.
5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
~This resolution was declared duly ADOPTED. ~ -
SUPERVISOR MURPHY: Number 6 is to accept a resignation of a part-time employee.
6. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, ,with regret,
the resignation of Janet Staples as a part-time Clerk in the Accountincj Department,
ef{ective August 6, 1986.
6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is to 'accept a bid.
Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Awisco New York Corp., Maspeth, New York, for supplying the Southold Town
.H. jghway. Department with one (1) Miller Trailblazer 44G Welding7 Machine'at the bid
price of $6,513.95.
SUPERVISOR MURPHY: I might just comment that this came about because a program
of reducing the volume in the Landfill has been so Successful with our tub grinder
we've done hundreds of thousands of yards of material and that you have to constantly
hard-faCe these blades and program was so successful that we have to buy a new
welding machine. We wore the other one out.
7.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to set a public hearing.
e
Moved by Councilman Schondebare, seconded by Councilman Penny, '-
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 Stop Intersections,"
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday., August~ 12,
,!.986., Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearing on the aforesaid proposed Local Law which reads as follows,
to wit:
A
BE IT ENACTED by
(additions indicated
Chapter 92 ~Vehicle
as follows:
I. Section 92-30 (Stop Intersections) is amended as follows:
Direction At Intersection
Name of Street of travel ~ with
LOCAL LAW NO. - 1986
Local Law in relation to Stop Intersections
thei Town Board of the Town of $outhold as follows:
by underline; deletions by [brackets])
and Traffic) of the Code of the Town of Southold is amended
Location
Sterling Place [North] East Champlin Place Greenport
Sterling Place [South] West Champlin Place Greenport
Champlin Place East Sterling Place ~reenport
Champlin Place -~ West Sterling Place ~3reenport
Madison Avenue South West Street Greenport
II. This Local Law shall take effect upon its filing with the Secretary of State.
8.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This~resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to authorize the advance of funds to pay the
contractor his final payment on the Laurel LakelChamber of Commerce project.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
advance of $1o615.00 from the General Fund Whole Town Account to pay J. R.
Home Improvements for work performed at the Laurel Lake/Chamber of Commerce
Proiect, said moneys to be reimbursed to the General Fund from Community Develop-
ment Year 11 funds to be received from Suffolk County.
9.-Vote of the Town Boar~t: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Jusl~ice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to authorize me to enter into an agreement
with the County o~ Suffolk Office for the Aging for the operastion of our Brief
Respite Programs I offer that resolution.
10. Move~d~by Sup~-visor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED th~it the Town Board of the Town of Southold hereby authorizes and
directs SuperVisor Francis J. Murphy to execute an agreement between the County
of Suffolk, ~uman Resources Division, Office for the Aging, and the Town of
Southold fo~ the operation of the Brief Respite Program, for the period July 1, 1986
through J~ne 30, 198~; the Town to receive the sum of $8,408.00 for this program.
10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Sch~ndebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MIJRPHY: Number 11 is to accept a resignation.
11. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation of Marion Gordon as Home Health Aid~. in the Southold Town Senior
Adult Day Care Center, effective July 31, 1986.
11.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR~URPH¥: Number 12 is to accept another resignation.
12. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accep, ts the
resignation of Faith Tiner as Home Health Aid~. in the Southold Town Senior
Adult Day Care Center, effective May 14, 1986.
12.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to grant a salary increase for one of our
Building Inspectors who is a provisional employee.
13.
Moved by Councilman Schondebare, seconded by Supervisor Murphy,
WHEREAS, P¥ovisio~ Building Inspector Angelo Accardo has satisfactorily completed
three months of employment with the Town as of July 1, 1986, now~ therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby ~rants Anqelo Accardo
a salary increase from $18,000.00 to $22,360.00, effective July 1, 1~8~.
SUPERVISOR MURPHY: I wou'ld like to comment on this. ! think it's most important
that the Board pass this tonight. We have run out of candidates on the Civil Service
List. The List will not b'e available for probably maybe up to six months, and we
would be in serious problems if this man left us and he still is provisional and if
he has not passed the test that he ~ook and is not up on the list when the list is
posted he will be released at that time, but this salary that we're showing here,
the $22,360.00 is what's in the present contract for the CSEA employees for that
job category. So I would strongly urge that we pass this tonight so as not to lose
this man.
0 JULY 29, 1986
COUNCILMAN PENNY: I make a motion to table it.
TOWN CLERK TERRY: Do I have a second?
JUSTICE EDWARDS: Second.
13..MOTION TO TABLE RESOLUTION NO. 13:
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that Resolution No. :13, to grant Angelo Accardo, Provisional Building
Inspector, a salary increase frfom $1.8, 000 to $22,360 be and hereby is TABLED.
13.-Vote of the Town Board: Ayes: Councilman Penny, Justice Edwards. Noes:
Cbuncilwoman Cochran, Councilman Schondebare, Supervisor Murphy.
This resolution was declared LOST.
SUPERVISOR MURPHY: I'd like to replace that resolution.
13. Moved by Councilman Schondebare, seconded by Supervisor Murphy,
WHEREAS, Provisional Building Inspector Angelo Accardo has satisfactorily completed
three months of employment with the Town as of July I, 1986, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby grants Angelo Accardo
a salary increase from $18,000.00 to $22,360.00, effective July 1, 1986.
13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Supervisor Murphy. Noes: ~Councilman Penny, Justice Edwards.
This resolution was declared LOST.
SUPERVISOR MURPHY: Number 14 is transfer from General Fu~d Part Town 1986
Budget.
14. Moved by. Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
fo!l.owing transfers within the General Fund Part Town 1986 Budget:
From: B1990.4 Contingent $1,500.00
B3620.4 Building Inspector, Equipment $1,900.00
B3130.4 Bay Constable, Contractual $ 415.00 --
$3,81 ~-7oo
Into: B1910.4 Insurance $3,400.00
B3130.2 Bay Constable,~Equipment . $ 415.00 .
$3,815.00 L~
14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, ~ounc
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is to authorize a transfer in the General Fund
Whole Town 1986 Budget.
15. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 transfer within the General Fund Whole Town 1986 Budget.:
From: A1990.4 Contingent $10,000.00
Into: A1010.4 Town Board, Contractual $10,000.00
to cover expenditures to date and provided estimated $2,257.00 for further
expenditures.
15.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to appoint Renee Chituk as a Beach Parking
Attendant for the 1986 season at a salary of $4.05 per hour. I offer that.
16. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Renee ~
Chituk as a Beach Parkin9 Attendant for the 1986 summer season,' effective ! ~
immediately, at a salary of $4.05 per hour. . i,~,,~,,~]
16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is to authorize the use of Town roads.
17.
Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby 9rants pe~inission
to the C~op Walk committee for the hamlet of Southold to use the followin9 Town
roads on October 19, 1986 for their annual Crop Walk to raise money for Church
World Service and the local community, provided they secure and maintain the
proper insuranc~ tO hold the Town of Southold harmless: Oaklawn Avenue, Pine
Neck Road, North Bayview Road, North Parish Drive, Dayton Road, Anchor Lane,
Brigantine Drive, Seawood Drive, Mai¥i' 'Bay:¥iew Road.
17.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR M~RPHY: Number 18 is to appoint Ortrud B. Hanus as a part-time
Clerk in the Accounting Department, effective August 1st, 1986, at a salary of
$5.50 per hour. I offer that resolution.
18. Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Ortrud B.
Hanus as a part-time Clerk in the Accounting Department, effective August 1, 1986,
at a salary of $5.50 per hour.
18.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is a transfer in the Fishers Island Ferry District
1986 Budget.
19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
fo!lowing transfers within the Fishers Island Ferry District 1986 Budget:
From: Operation Flerry
New York State Retirement
~1 nto: Accoun ti ng
Insurance Claims
$3,670.00
789.23
$4,459.23
$3,67O. OO
789.23
$4,459.23
19.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to authorize a modification of the 1986 General
Fund Whole Town Budget. _~
20. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of South~old hereby a~thorizes the
following modification of the 1986 General Fund Whole Town Budget:
A980 Revenues
A3115 Shellfish
A 960 Appropriations
A8830.4 Shel Ifish
20.-Vote of the Town Board: Ayes:
$30,450.00
$30,450.00
$3O, 45O. OO
$30,450.00
Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to appoint an Aide.
21. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lori
Mclver as a Health Aide in the Southold Town Senior Adult Day Care Center,
effective August 4, 1986, 15 hours per week, $3.35 per hour.
21.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to appoint Aides.
22. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that-the Town Board of the Town of Southold hereby appoints Marion
O'Connor, Rob'efta Zebroski and May Johnson as Respite Aides in the Brief Respite
Program, effective immediately, 10 hours per week, $4.00 per hour.
22.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is to advertise for an Assistant Cook.
23. Moved by Councilwoma~ Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby ,grants permission
to Nutrition Pro,]ram Director Venetia McKeighan to advertise for an Assistant Cook
for the Nutrition Program, 35 hours per week, $6.39 per hour.
23.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
72
24.
JULY 29, 1986
SUPERVISOR MURPHY: Number 24 is' to authorize the allocation of'the additional
$29,000 that we are happily receiving 'from HUD for our Community Development
Program.
Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a Suffolk County Consortium
Project Description Form for the allocation of an additional $29,000.00 in 1986
Cg.m.munity Development Funds to be used toward the Southold Affordable Housing
Projects at South Harbor Road, Southold and Seventh Street, Greenport.
COUNCILMAN PENNY: I'd like to comment at this time. The only reason I'm
going to vote against this resolution is because ! feel that we have a better use
of these funds. Right now we have a pretty serious problem with the Seventh
Street Sewer Project whereas we're caught in a glitch between the old policy and
the new policy fo the Village of Greenport and the residents have expressed
exasperation at-being required to pay a $2600 hook-up fee and it seems as if the
Village of Greenport is not willing to waive that fee, and I feel that-these funds
could be better used to help more people at this time with a much more pressing
need and that's why I'm voting the way I am.
SUPERVISOR-MURPHY: Anyone else like to make a comment?
COUNCILWOMAN COCHRAN: I would just like to say that the way I understood
-it from Jim McMahon this morning is that if we did not submit this proposal, with
this Sl~ei:ific project in mind, that then the Community Development people could
plac~ that into our Community Program anywhere they liked and I supported the
idea~f us controlling where the money was going.
COUNCILMAN SCHONDEBARE: I for one would say that I would not use the
$29~000~towards-the Seventh Street Project to I~egin with. We've already layed
out $55,000 towards that project and I think that's exactly what the Village of
Greenpor~t is looking towards, and that is more money out of the pockets of thee
Town of Southold, and I would not appropriate this funding towards tha~t project.
JU~T. IC_E E_~DW~ARDS: This $55,000 project is just sitting there and not being used.
COUIqCIL1/~LOg/IAR.GOCHRAN: It's a matter of working out a solution at this time,
SUPERVISOR MURPHY: I thought we were working out a solution' I thought that
was the agreement of the two Boards. Any other comments? (No response.)
24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Supervisor Murphyr Noes: Councilman Penny, Justice Edwards.
This_resolution was declared LOST.
25.
SUPERVISOR MURPHY: Number 25 is to appoint a Town Director of Senior Services,
effec-t~v~ ~ediately.
Moved by Councilwoman Cochran, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Venetia
McKeighan ~-as-.Southold Town's Director of Senior Services, effective immediately.
SUPERVISOR MURPHY: I think it should be seconded, Judy, by everybody on the
~o~_r[~13_o[[~d ....... I don't think we could have a better Director.
25.-Vote o£.~the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man~S6h-~n_debare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SOPE[~/I$OR MURPHY: Number 26 is to designate a Town.Committee on Health
Issues and Services for' the Elderly in Southold Town. ~
26.
Moved I~y Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes the
Southold Town Geriatric Network as the desi~lnated Southold Town Committee on
Health Issues and Services for the Elderly in Southold Town, and hereby appoints
the following individuals to that committee:
Venetia McKeighan, Southold Town's Director of Senior Services
Bonnie Hoffman, representing North Fork Counseling Service
Jay Slotkin, M.D., physician with special interest in Geriatrics
Edythe Passano, Community Service Representative, Suffolk Co. Office for Aging
Betty Davis, Public Health Nurse
Stacia Rempe, R.N., representing Eastern Long Island-Hospital
JULY 29, 1986 73
Dorothy Kiernan, Nurse
Dorrie Whyard, Retired
26.-Vote of the Town Board:
27.
gram (RSVP) representative
Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is to authorize a transfer of a trailer permit
that expires on September 21st.
Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
transfer of Trailer Permit No. 54 from Alfred W. Steiner to Roy J. Schoenhaar,
which permit expires on September 21, 1986, for trailer Iocateci on a right-of-
way off of the~s?utheast side of Main Road, Mattituckt New York.
COUNCILMAN SCHONDEBARE: Just let me state that I'm going to vote against
this~ I can't say that the people do not have a iust cause for having a trailer,
or wishing to purchase this trail~er, but I really think this Town Board is going
to have to come to grips with the issue one way or the other w because i'm sure
there are many other people in this Town who have similar problems and similar
needs and who would like to have a trailer, and they're not allowed to do so,
and we seem to go from one case to another. We have no concrete proposals,
and I think it's unfair. I will vote against it.
SUPERVISOR MURPHY: Any other comments?
COUNClLWOM~AN COCHRAN: I would just like to say until such time as the Town
Board sits down and seriously discusses this, that I feel up to this point we've
evakiated giving trailer permits based on the need and the situation involved, and
i'11 support this.
JUSTICE EDWARDS: I was going to vote against it, and I spoke of it during the
Work Session, but after hearing from George Penny what the circumstances were
that was the one that changed my vote. I think there's a need for it. Normally
I wouldn't have voted for it.
COUNCILMAN SCHONDEBARE: I can't say that there's not a need for it. There
is, considering the circumstances that were presented to us. What I'm say is is
that there are a lot of other people in this Town with a similar need and we tell
those people "no". We have an arbitrary and capricious handling fo these darn
trailer permits.
COUNCILWOMAN COCHRAN: I think we have, in the past, our decisions are
based on need and the circumstances.
SLIPERVISOR MURPHY: And this trailer's been in existence, Jay, since 1962.
COUNCILMAN SCHONDEBARE: Right, and it is my understanding is they put it
there contrary to even our own rules and regulations and ordinances.
SUPERVISOR MURPHY: Town Boards twice a year gave a permit for it since 1962.
COUNCILWOMAN COCHRAN: Right.
COUNCILMAN SCHONDEBARE: No.
SUPERVISOR MURPHY: Sure they did.
COUNCILMAN SCHONDEBARE: They had it there and they were told to get one.
COUNCILMAN PENNY: Can I say something? E~erybody else has. When this first
came up, which I believe was two weeks ago, there was no intention of the need,
and I voted against it. It was just basically offered as a transfer. The party that
was purchasing the trailer contacted his attorney and wanted to know what his rights
were, and as of that point not having any need whatsoever being shown to us, I voted
against this, and now the application has been made in the proper fashion and there
is a need which~ I feel is justified, and that's why I voted for it.
SUPERVISOR MURPHY: Any other comments? (No response.)
27.-Vote of the Town Board~ Ayes: Councilman Penny, Councilwoman Cochran, Justice
Edwards, Supervisor Murphy. No: Councilman Schondebare.
This resolution was declared duly ADOPTED.
SUPERVISOR MtJRPHY: Number 28 is to authorize Commissioner of Public Works
Ray Jacobs to exchange equal amounts of sand for clay being brought into the
Southold Town Landfill Site. I offer that resolution.
JULY 29, 1986
28.
Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, Commissioner of Public Works Raymond L. Jacobs has requested permission
to exchange equal amounts of sand for clay to be brought into the Southold Town
Landfill Site, Cutch0~ue, which material is to be used by the Town for capping
purposes, and
WHEREAS, tests have been conducted on the clay material by Soil Mechanics Drilling
Corp. and found to be less permeable than New York State Department of Environ-
mental Conservation Part 360 requirements for capping of sanitary landfills, now,
therefore, be it
RESOLVED that the Town Board hereby grants permission for Commissioner of Public
Works Jacobs to exchange equal amounts of sand for clay being brought to the Land-
fill Site by Roscoe King, contractor on behalf of Harold Reese, developer of the
major subdivision known as Hill Crest at Orient, located on Route 25, Orient, New
York.
SUPERVISOR MURPHY: The story behind this is a man has surplus clay on a site
and he needs sand and we had the clay tested and it is an acceptable capping
material for the landfill so we feel that we'll take this in and stockpile it until the
time comes when we have to cap our landfill, which is pretty soon.
28.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
~SUPERVISOR MURPHY: Number 29 isto set a public hearing.
29. Move~t by JuStice Edwards, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposecl Local Law entitled, "A Local Law to repeal the Home Improvement
Contractors Law of the Town of Southold," now, therefore, be it
REOLVED that the Town Board hereby, sets 8:05 P.M., Tuesday,, August 12, 1986,
Southold Town Hall w Main Road, Southold, New York, as time and place for a public
he.ar,i.ng, on the aforesaid proposed Local Law which reads as follows, to wit: ~.
LOCAL LAW NO. - 1986
A Local Law to repeal the Home Improvement
Contractors Law of the Town of Southold
BE IT ENACTED by the Town Board of. the Town of Southold, as follows: I'?l
I. The Home Improvement ContraCtors Law of the Town of Southold, constituting
Chapter 50 of the Code of the Town of Southold is hereby repealed.
II.This Local Law shall take effect upon its filing with the Secretary of State.
29.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR M~URPHY: Number 30 is the first of three on our SEACOM project,
if you want to call it, but to start the authorization for the Town to acquire LILCO's
assets, and it's a resolution and bond act. I offer that resolution.
30. Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
RESOLUTION AND BOND ACT AUTHORIZING THE TOWN OF
SOUTHOLD, SUFFOLK COUNTY, NEW YORK (A) TO
ESTABLISH, OWN AND OPERATE A PUBLIC UTILITY
SERVICE SYSTEM, (B) TO ACQUIRE THE DISTRIBUTION
FACILITIES OF THE LONG ISLAND LIGHTING COMPANY
WITHIN THE TOWN BUT OUTSIDE THE BOUNDARIES OF
THE VILLAGE OF GREENPORT AND GREENPORT'S SERVICE
AREA IN SCHOOL DISTRICT NO. 10 AND TO CONSTRUCT
NECESSARY ADDITIONS THERETO AT AN ESTIMATED
MAXIMUM COST OF $23,555,000, (C) TO APPROPRIATE
SAID AMOUNT THEREFOR, (D) TO ISSUE $23,555,000
GENERAL OBLIGATION SERIAL BONDS OF THE TOWN, OR
SO MUCH THEREOF AS MAY BE NECESSARY TO FINANCE
JULY 29, 1986
SAID OBJECT OR PURPOSE, AND (E] TO LEVY A TAX TO
PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS
AND TO -ESTABLISH RATES, RENTALS AND CHARGES FOR
THE SERVICES RENDERED SUFFICIENT TO PAY ALL
OPERa_TING COSTS AND PRINCIPAL AND INTEREST ON
SAID BONDS AND TO BE BUDGETED AS AN OFFSET TO
ANY SUCH TAX.
Recitals
WHEREAS, the Town of Southold, Suffolk County, New York [the
"Town") has been concerned for some time with the high cost of electric power
in the Town and the effect of such cost on the economic growth and well-being
of the Town;
WHEREAS, the Town retained R.W. Beck and Associates, Engineers
and 'Consultants (the "Consulting Engineers") to prepare a preliminary
fea~ibility study for the acquisition and operation by the Town of certain of
the electric distribution properties of the Long Island Lighting Company, Inc.
["LILCO" or "the Company") within the Town which study was submitted to
the Town Board [the "Board") through the Town Supervisor on July 8,~ 198~;
WHEREAS, the Cohsulting Engineers concluded, among other things,
and based upon the analysis presented in such report, that the Town's
acquisition and operation of certain of the company's electric properties in the
Town can result in savings in the cost of electricity to customers in the Town;
WHEREAS, Section 360 of the General Municipal Law constituting
Chapter 24 of the consolidated Laws of the State of New York (the "General
Municipal Law") empowers any municipality of the State to construct, lease,
purchase, own, acquire, use and/or operate any public utility service within
or without its territorial limits for the purpose of furnishing to itself or for
compensation to its inhabitants any service similar to that furnished by any
public utility company specified in Article 4 of the Public Service Law and
provides that any resolution of the Board setting forth the proposed method of
constructing, leasing or acquiring the plant and facilities for such service
together with the maximum and estimated cost thereof and the method for
furnishing such service shall be submitted for the approval of the electors of
the Town at the next general election in such Town held not less than ninety
[90) days after the adoption th.---eof;
NOW, THEREFORE,
BE IT RESOLVED AND ENACTED BY THE TOWN BOARD OF THE
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK (by the affirmative vote
of not less than three-fifths of the voting strength of said Board) AS
FO LLOWS:
75
JULY 29, 1986
Section 1. Pursuant to the General Municipal Law arid other laws
applicable thereto, the Town is hereby authorized to establish, own and
operate a public electric utility servi~e system within and/or without its
territorial limits, or within any part of its territorial limits, for the purpose of
furnishing to itself and for' compensation to its inhabitants any service similar
to that furnis~h_ed by any public utility company.specified in Article 4 of the
Public Service Law. Notwithstanding any general or special law, pursuant to
the provisions of subdivision 2 of Section 360 of the General Municipal Law r
the Town may, in the future, construct, lease, purchase, own, acquire, use
and/or operate any additions to such system within or without its territorial
limits for the purpose aforesaid. For such purpose the Town is hereby
authorized to purchase gas or electrical energy from the State of New York or
from any state agency, or other municipal corporation, or from any private or
public corpqration.
__ Section 2. The proposed method of providing such public utility
electric service is by the acquisition of certain distribution, substation and
transmission facilities of Long Island Lighting Company either through
purchase or condemnation proceedings in conformance with law and by ,the
construction of additions and incidental improvements as necessary tO provide
for such electric service, which method is hereby authorized. While acquisition
of facilities to serve the entire Town of Southold may be undertaken pursuant
to future resolutions, electric service would be provided through the facilities
acquired pursuant to this resolution solely to an electric'utility district Which
will be comprised of the territory within the boundaries of the Town outside of
the boundaries of the Village of Greenport and Greenport's service territory in
School District No. 10.
The transmission and distribution facilities which are to be acquired
by purchase or condemnation are the 69 kilovolt line which serves Peconic and
Southold Substations, which emanates from the Riverhead Substation which is
located approximately seven miles from the Town line; the 23 kilovolt
subtransmission line which runs from the Town line all the way across the
peninsula to Orient Point; a double circuit 23 kilovolt subtransmission line
served from Riverhead Substation which runs through Tuthills Substation into
Mattituck Substation; a single circuit 23 kilovolt subtransmission line which
r~ns from Mattituck and ties into Peconic, Southold and Orient Point
Substations, and continues through Orient Point Substation to serve Plum
Island; and two express 13.8 kilovolt distribution feeders from the Southotd
Substation which provides service to Greenport and Shelter Island.
Section 3. The maximum and the estimated total cost of such
acquisition and construction under the aforesaid proposed method is
$23,555,000. ~- ~ ~-- ;
Section 4. The proposed method of furnishing such electric service,
once such system is acquired as aforesaid, consists of (a) purchasing power
from the Power Authority of the State of New York, and any other sources as
may be required to ensure power availability to all the electric system's
customers, (b) delivering said power to the electric service system of the
Town for distribution to its electric customers at transmission or distribution
voltages over the transmission facilities of the Power Authority of the State of
New York and the transmission substation and distribution facilities of the
Company, and such other entities as may be required to ensure power
availability to all of the electric system customers, (c) installing metering
equipment to monitor power flow between the Town's electric system and the
Company's remaining electric system, and (d) constructing any necessary
additions to the existing distribution facilities so acquired as aforesaid.
--- Section 5. The Town's utility system shall be administered by a Town
Utility Board which shali be established and whose members shall be appointed
by the Town Board of the Town of Southold, Suffolk County, New York, in
the manner provided by law. The Utility Board is authorized to operate t'he
_ ~ municipal utility throughout'the boundaries of the Town of Southold,-outside of
the boundaries_~.~of the Village of Greenport and Greenport's service territory in
School District No. 10, or, at the Board's discretion, in any section or portion
of the Town in which municipal service has been authorized by lawful
resolution and .approval of the electorate.
Section 6. The method of operation of, and the rates, rentals and
charges for such service shall be fixed by the Town Utility Board in the
manner provided by law and the indebtedness of the Town issued for such
purpose shall be self-liquidating and, in ascertaining the power of the Town to
contract indebtedness, shall be excludable from the Town's constitutional debt
limit pursuant to Section 123 of the Local Finance Law upon application to and
approval by the State Comptroller.
Section 7. Pursuant to the provisions of the Local Finance Law and
the provisions of other laws applicable to the Town of Southold, $23,555,000 in
serial bonds of the Town, or so much thereof as may be necessary, are hereby
authorized to be issued for the acquisition and construction of the aforesaid
utility system. The estimated maximum 'e0st of such specific objec~.t or purpose
is $23,555,000 including buildings, land or rights in land and the necessary
original furnishings, equipment, machinery and apparatus and preliminary cost
of surveys, maps, plans, estimates, and hearings in connection therewith, and
other costs incidental thereto and the financing thereof including but not
78
JULY 29, 1986
limited to legal fees, printing or engraving, publication of notices, taking of
title, apportionment of costs, and interest during acquisition and construction
and said amount of $23,555,000 is hereby appropriated therefor.
Section 8. The plan of financing includes the following: the issuance
of $23,555,000 serial bonds of the Town or such amount thereof as may be
necessary to finance such object or purpose and notes in anticipation of the
sale of such bonds~ all th~ taxable real property within the Town shall be
subject to tbe__levy and collection of a tax to pay the principal of said bonds
or notes and the interest thereon as the same shall become due and payable;
and electric service rates, rentals and charges for services rendered shall be
fixed~ charged and collected in order that the revenues therefrom after
deducting in each year all the costs of operation, maintenance and repairs of
the system for such year will be sufficient to pay the principal or and interest
on such bonds or notes and shall, and are hereby authorized-to, be budgeted
as an offset to any such tax.
Section 9. The following additionai matters are hereby determined and
dec la red:
(a) The period of probable usefulness of the specific object,or
purpose for which the bonds authorized by this Resolution and Act are to be
issued, within the limitations of Section 11.00 a. 5 of the Local Finance Law, is
thirty (30) years.
(b) Current funds are not required prior to the issuance of the'
bonds herein authorized or of any notes in anticipation of the ..sale of such
bonds pursuant to the provisions of Section 107.00 d. 3 (d) of the _Local
Finance Law.
(c) The proposed maturity of the bonds authorized by this Resolution
and Act will be in excess of five (5) years.
Section 10. Subject to the provisions of this Resolution and Act and
of the Local Finance Law, and pursuant to the provisions of Section 30.00
relative to the authorization of the issuance of bond anticipation notes or the
renewals of said notes and of Sections 50.00 and 56.00 to 60.00 of said Law,
the powers and duties of the Town Board relative to authorizing the issuance
of any notes in anticipation of the sale of the serial bonds herein authorized or
the renewals of said notes ~and relative to authorizing bond anticipation notes
and prescribing the terms, for and contents and as to the sale and issuance of
the serial bonds herein authorized and of any notes in anticipation of the sale
of said serial bonds or the renewals of said notes, are hereby delegated to the
chief fisca! officer of the Town of Southold.
Section 11. Each of the serial bonds authorized by this Resolution and
Act and any notes issued in anticipation of the sale of said bonds or the
JULY 29, 1986
renewals of said notes shall contain the recital of validity-prescribed by
Section 52.00 of the Local Finance Law and said bonds and any notes issued in
anticipation of said bonds shall be general obligations of the Town, payable as
to both principal and interest by general tax upon all the taxable real
79
property within the town without limitation as to rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual payment of-
the principal of and interest on said bonds and any notes issued in
anticipation of said bonds or the renewals of said notes, and provision shall be
made annually in the budgets of the Town by appropriation for (a) the
amortization and redemption of the notes and bonds to mature in such year,
and (b) the payment of interest to be due and payable in such year.
Section 12. The validity of the bonds authorized by this Resolution
and Act and of any notes issued in anticipation of the sale of said bonds, may
be con'tested only if: '
.... (a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
[b)
the provisions of law which should be complied
with at the date of the publication of such
Resolution and Act are not substantially complied
with,
and an 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 12. The estimate of $23,555,000 as the maximum cost of the
aforesaid specific object or purpose is' hereby approved, and this Resolution
and Act shall not become effective until submitted at the general election to be
held on November 4, 1986 and approved by a majority of the votes cast on the
question of the approval or disapproval of this Resolution and Act.
COUNCILMAN PENNY: I'd like to make a comment. At this point what we are
passing on is not the expenditure or the bond issue of $23,555,000.00. What we
are passing on is an opportunity to the public to decide whether or not they want
us to follow in this behalf. We have deliberated on this for a long time. The
County is also working int heir own direction. The State is working in their own
direction, and there are those that feel that maybe if one of those ventures do
not pan out that the Town would be willing to take on this venture on their own.
Well, that is an issue that is not being voted on at this time, it is just whether or
not we let the people decide, and .that is the way I'm voting tonight.
JUSTICE EDWARDS: Another comment. The people on Fishers Island, of course
if this goes through, will be taxed again without representation and I'm going to
go along with the resolution, but mind you when it comes time to vote on the Island
! think the people on the Island are going to vote in the negative, because it's just
going to be more money out of their pockets, for no services again. Thank you, Frank.
SUPERVISOR MURPHY: That's only a guess. Any other comments? (No response.)
80
JULY 29, 1986
30.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is a resolution for the submission of this resolution
for a referendum at the next general election to be held on November 4th, 1986. I
offer that resolution.
31. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
RESOLUTION PROVIDING FOR THE SUBMISSION OF A PROPOSITION AT THE GENERAL
ELECTION TO BI: HELD NOVEMBER 4, 1986:
on July 29, 1986, this Town Board adopted a Resolution ~
WHEREAS,
and Bond Act entitled:
"Resolution and Bond Act authorizing the Town of Southold, Suffolk
County, New York (A) to establisl~, own and operate a public utility service
system,(B) to acquire the distribution facilities of the Long Island Lighting
Company within the Town but outside the boundaries of the Village of
Greenport and Greenport's service territory in School District No. 10 and to
construct necessary additions thereto at an estimated maximum cost of
$23,55S,000, ~C} to appropriate said amount therefor, (D) to issue $23,555,000
in general obligation serial bonds of the Town, or so much thereof as may be
necessary to finance said object or purpose, and (1:) to levy~.a tax to pay the
pri0cipal of and interest on said bonds and to establish rates, rentals and
charges fo~ the services rendered sufficient to pay all operating costs and
principal and interest on said bonds and to be budgeted as an offset to any
such tax,." (Adopted July 29, 1986).
WHEREAS, Section 360 the General Municipal Law of the State of New
York requires that an .Act which authorizes the Town to establish~;~own and
operate a public utility service be submitted for the approval of the Town
electors at a general or special election; now, thereforew
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SOUT HO LD:
Section 1. The following Proposition shall be submitted to the voters
of the Town of Southold at the general election to be held on November 4,
1986, for their approval or disapproval:
FORM OF SUBMISSION OF TOWN OF SOUTHOLD
PROPOSITION NO. 1
SHALL "Resolution and Bond Act authorizing the Town of
Southold, New York (A) to establish, own and operate a
public utility service system, (B) to acquire the
distribution facilities of the Long Island Lighting Company
within the Town but outside the boundaries of the Village
of Greenport and Greenport's service territory in School
District No. 10 and to construct necessary additions
thereto at an estimated maximum cost of $23,555,000, (C)
to appropriate said amount therefor, (D) to issue
$23,555,000 general obligation serial bonds of the Town, or
so much thereof as may be necessary to finance said object
or purpose, and (E) to levy a tax to pay the principal of
and interest on said bonds and to establish rates, rentals
and charges for the services rendered sufficient to pay all
operating costs and principal and interest on said bonds
and to be budgeted as an Offset to any such tax,"
(Adopted July 29, 1986) BE APPROVED?
Section 2. An abstract of such Resolution and Bond Act is as follows:
JULY 29, 1986
81
FIRST: RECITING that the Town of Southold (the "Town") retained R.
W. Beck and Associates to prepare a preliminary feasibility, study for the
acquisition and operation by the Town of certain'of the electric distribution
properties of the Long Island Lighting Company, Inc. within the Town; that
such study concluded that .such acquisiti6n and operation can result in'
savings in the cost of electricity to~ consumers in the Town; that Section
360 of the General Municipal Law empowers any municipality of the State to
construct, lease, purchase, own, acquire, use and/or operate any public
utility service within or .without its territorial limits for the purpose of
furnishing to itself or for compensation to its. inhabitants~any service similar
to that furnished by any public utility company specified in ~rticle 4 Of the
Public Service Law; and that any resolution of the Town Board setting
forth the proposed method of constructing, leasing or acquiring the plant
and facilities for such service togeth~er witl~ the maximum and estimated 'cost
thereof, and the method for furnishing such serv. ice shall be submitted for
the approval of the electors of the Town at the next general election in
such Town held not less than ninety (90) days after the adoption thereof;
SECOND: AUTHORIZING the Town to establish, own and operate a
public electric utility~ service system within and/or without its territorial
limits or within any part~ of its territorial limits, for .the purpose of
furnishing-to itself and for compensation to its inhabitants any service
similar to that furnished by any public utility company specified in Article 4
of the Public Service Law; providing that the Town may in the future,
construct, lease, purchase, own, acquire, use and/or ope.rate any
additions, to such system within or without its territorial limits for the
purpose aforesaid; providing that for such purpose the Town is hereby
authorized to purchase gas or electrical energy from the State of New York
or from any State agency or other municipal corporation or from any
private or public 'corporation.
~THIRD: Stating that the proposed method of providing such public
utility electric system is by the' acquisition of certain, distribution,
substation and transmission facilities of the Long Island Lighting Company
either through purchase or condemnation proceedings and by the
constructioo of additions and incidental improvements· as necessary to
provide for such electric service, statinp, that while acquisition of facilities
to serve the entire Town of Southold may be undertaken pursuant to
82
JULy 29, 1986
future resolutions, electric service would be provided through-the facilities
acquired pursuant to. this resolution solely to an electric utility district
which will be comprised of the territory within the boundaries of the Town
outside of the boundaries of the Village of Greenport and Greenport's.
service territory in School
transmission and distribution
condemnation.
Distric[ No. 10; further setting forth the
facilities to be acquired by purchase or
FOURTH: Stating that the maximum and the estimated total cost of
such acquisition and construction under the aforesaid proposed method is
$23~ 555,000.
FIFTH: Stating the proposed method of furnishing such electric
service, once such system is acquired as aforesaid, is to consist of (a)
purchasing power from the Power Authority of the State of N~w' York, and
any 'other-sources as may be required to ensure power avail.ability to all the
elects'lc, system's customers, (b} delivering such power to the Town's
electric service system for distribution to its electric customers over the
transmission facilities of the Power Authority. of the State of New York and
the transmission substation and distribution facilities of Long~:~island
Lighting Co., and such other entities as may be required to ensure power
availability to all of the electric system customers, (c) installing metering
equipment_tp monitor power flow between the Town's electric system and
Long Island Lighting Company's remaining electric' system, and (d)
constructing any necessary additions to the existing distribution facilities so
acquired as aforesaid;
SIXTH: Stating that the Town's .utility system shall be administered by
a Town Utility Board to be established and whose members will'be appointed
by the Town Board; providing that such Utility Board is authorized to
operate the municipal utility throughout the boundaries of the Town,
outside of the boundaries of the Village of Greenport and Greenport's
service territory in School District No. 10, or, at the Board's-discretion, in
any section-or portion of the Town in which municipal service has been
authorized.
SEVENTH.: Stating that the method of operation of, and the rates,
rentals and charges for such service shall be fixed by the Town Utility
Board in the manner provided by law and the indebtedness of the Town
issued for such purpose shall be self-liquidating, and the powe. r. of the
Town to. contract indebtedness shall be excludable from the Town's
constitutional debt limit pursuant to Section 123 of the Local Finance Law
upon application to and approved by the State Comptroller.
EIGHTH: Authorizing the issuance of $23,555,000 of serial' I~onds of the
Town for the acquisi~i0n and construction of the aforesaid" utility system;
stating the estimated maximum cost of such specific object or purpose is'
$23,55'5,000, including buildings, land, furnishings, equipment, apparatus,
and other costs incidental thereto.
NINTH: Stating the plan of financing is the issuance of $23,555,000
serial' bonds_and notes in anticipation of the sale of such bonds; stating
that all the taxable real property witl~in the Town shall be subject to the
levy and collection of a tax to pay the principal of said bonds~ or notes and
the interest thereon as the same shall become due and payable, and electric'
service rates, rentals and charges for services rendered shall be fixed,
charged and collected in 'order .that the revenues therefrom, after deducting
in each year all of the costs, of operation, maintenance and repairs of the
system for such year, will be sufficient to. pay the principal ~f and interest
on_~such bonds or notes and shall, and are hereby authorized to, be
budgeted as an offset to any such tax.
TENTH: Determining the period of usefulness of said specific object or
purpose is thirty (30) years; that current funds are not required by thc
Local Finance Law; that the proposed maturity of the bonds authorized
therefor will exceed five years.
ELEVENTH: Delegating to the Supervisor, the chief fiscal officer of
the Town, the powers and duties as .to the issuance of said bonds and
notes, and any bond anticipation notes issued in 'anticipation of said bonds,
or the renewals thereof.
TWELFTH: Determining that said'bonds and notes issued in anticipation
of said bonds and the renewals of said. notes shall be general obligations of
the Town and pledging to,their payment the faith and credit of the Town.
THIRTEENTH: Stating that the~ validity of the bonds authorized by
said resolution and of any notes issued in anticipation of the sale of said
bonds may only be contested if: (a) the same are authorized for a purpose
for whicl~ the Town is not authorized to expend money, or (b) the
provisions of law whicl~ should be complied with at the date of the
publi~cation of such Resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication; and
FOURTEENTH: Stating that said Resolution and Act shall not become
effective until submitted to and approved by the qualified voters of the
Town at the general election to be held on November 4, 1986.
84
JULY 29, 1986
Section 3. The Town Clerk of the Town of Southold shall forthwith and not
less than 36 days prior to said Election forward a certified copy of this resolution
to the Suffolk County Board of Elections. ·
31.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is to provide for the publication of this
resolution.
32. Moved by Councilman Penny, seconded by Councilwoman Cochran, it wasr
RESOLUTION PROVIDING FOR THE PUBLICATION OF TOWN RESOLUTION AND
BOND ACT NO. 30 AND NOTICE OF SUBMISSION OF A PROPOSITION THEREON
AT THE GENERAL ELECTION TO BE HELD NOVEMBER 4, 1986.
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, AS
FOLLOWS:
Section 1. The Town Clerk of the Town of Southold is hereby directed to
cause to be published a copy of Resolution and Bond Act No. 30, adopted by the
Town Board on July 29, 1986, together with a notice that a PropOSition for the
approval or disapproval of said Resolution and Bond Act shall be submitted at the
general election to be held on November 4, 1986., such publication to be made once
in each of the six weeks immediately preceding said general election, in each of the
following newspapers having a general circulation in the Town of Southold, wh~ich
newspapers are hereby designated the official newspapers for the purpose of said
publication:
The Long Island Traveler-Mattituck Watchman
The Suffolk Times
Section 2. Said Notice shall be in substantially the fo~m a.s follows:
TOWN OF SOUTHOLD
NOT. ICE OF PROPOSITION
TO BE SUBMITTED AT THE GENERAL ELECTION
TO BE HELD ON NOVEMBER 4, '1986
NOTICE IS HEREBY GIVEN that at the General Election to be held on
November 4, 1986, between the hours, of 6:00 'o'clock 'A.M. (E.S.T.) and
9:00 o'clock P.M. (E.S.T.), the following PropositiOn will'be submitted to
the qualified electors, of the Town of Southold, to wit:
PROPOSITION NO. 1
SHALL "Resolution and Bond Act authorizing the Town of Southold,
New York (A) to establish, own and operate, a public utility: service
system, (B) to acquire the distribution facilities of the Long Is[land
Lighting Company within' the Town but outside the boundaries of the
Village of Greenport and Greenport's service territory in School
District NO. 10 to construct necessary additions thereto at an
estimated maximum cost of $23,555,000. (C) to appropriate, said
amount therefor, (C) to issue $23,55'5,000. general obligation serial
bonds of the Town, or so much thereof as may be necessary to
finance said object or purpose, and (E) to levy a tax to: pay the
JULY 29, 1986
principal of and interest on ~aid bonds and to establish r~tes,~ r~ntals
and charges for the ser~i~nd~i~ed sufficient to pay all operating
costs and principal and interest on said bonds and to be budgeted as
an offset to any such tax," (Adopted July 29, 1986) BE APPROVED?
85
NOTICE IS FURTHER GIVEN that the polling places in each Of the
respective election districts, of the Town of Southold shali be the same
polling places as shall be used for voting at the General Election held on
that day.
An abstract of said Resolution and Bond Act stating the purpose and
effect thereof is as follows:
ABSTRACT
FIRST: RECITING that the Town of Southold (the "Town~') retained R.
Wi Beck ~nd AssOc~al!es to prepare a preliminary feasibility study for the
acqui~iti0n and operation by the Town of Certain'of the electric distribution
properties of the Long Island Lighting Company, Inc. within the Town; that
such study concluded that .such acquisi~i0n and operation can result in
savings in the cost of electricity' to consumers in the Town; that~ection
360 of the General Municipal Law empowers any municipality of the State to'
construct, lease~ purchase, own, acquire, use and/or operate any public
utility service within or ~without .its territorial limits for the purpose of
furnishing to itself or for compensation to its. inhabitants, any service similar
to that furnished by any public utility company specified in Article 4 of the
Public Service Law; and that any resolution of the Town Board setting
forth the proposed method of constructing, leasing or acquiring the plant
and facilities for such' service togeth~er with the maximum and estimated 'cost
thereof, and the method for furnishing such serwice shall be submitted for
the approval of the electors of the Town at the next general election in
such Town held not less than ninety (90) days after the adoption thereof;
SECOND: AUTHORIZING the Town to establish, own and operate~a
public electric utility~ service system witt~in and/or without its territorial
limits or within any part of its territorial limits, for the purpose of
furnishing to itself and for compensation to it~ inhabitants any service
similar to that furnished by any public utility company specified in Article 4
of the Public/ Service Law; providing that the Town may in the future,
construct, lease, purchase, own, acquire· use and/or operate any
additions, to such system within or without its territorial limits for the
purpose aforesaid; providing that for such purpose the Town is hereby
authorized to purchase gas or electrical energy from the State of New York
86
JULY 29, 1986
or from any State agency or other .municipal corporation or from any
private or public corporation.
THIRD: Stating that the proposed method of providing such public
utility electric system is' by the acquisition of certain distribution,
substation and transmission facilities of the Long Island Lighting Company
either through purchase oK condemnation proceedings and by the
constructio0 of additions and incidental improvements-as necessary to
provide for such electric service, stating that while acquisition of facilities
to serve the entire Town of Southold may be undertaken pursuant to
future resolutions, electric service would be provided through the facilities
acquired pursuant to this resolution solely to. an electric utility district
which will be comprised of the territory within the boundaries of the Town
outside of the boundaries of the Village of Greenport and Greenport's.
ser-vice territory in School Districl~ No. 10; further setting forth the
ti'ansmission and distribution facilities to~ be acquired by purchase or
condemnation.
FOURTH: Stating that the maximum and the estimated total cost of
such acquisition and construction under the aforesaid proposed method is
$23,555,000.
FIFTH: Stating the proposed method of furnishing such electric
service, once such system is'acquired as aforesaid, is to consist of (a)
purchasing power from the Power Authority of the State of New York, and
any other sources as may be required to.ensure power availability to all the
electric system's customers, (b) delivering such power to the Town's
electric service system for distribution to. its electric customers over the
transmission facilities of the Power Authorit~ of the State of New York and
the transmission substation and distribution facilities of Long Island
Lighting Co., and such other entities as may be required to ensure power
availability to all of the electric'system customers, (c) installing metering
equipment to monitor power flow between the Town's electric system and
Long Island Lighting Company's remaining electric system, and (d)
constructing any necessary additions to the existing distribut'i6n facilities so
acquired as aforesaid;
SIXTH: Stating that the Town's .utility system shall be administered by
a Town Utility Board to be established a.nd whose members will be appointed
by the Town Board; providing that such Utility Board is authorized to
operate the municipal utility throughout the boundaries of the Town,
outside of the boundaries of the Village of Greenport and Greenport's
service territory in School District No. 10, or, at the Board's-discretion, in
JULY 29, 1986
any section or portion of the Town in. which municipal service has been
authorized.
SEVENTH: Stating that the method of operation of, and the rates,
rentals and charges for such service shall be fixed by the Town Utility
Board in the manner provided by law and the indebtedness of the Town
issued for such purpose shall 'be self-liquidating, and the powe. r. of the
~ ~ Town to contract indebtedness shall be excludable from the Town's
constitutional debt limit pursuant to. Section 123 of the Local Finance Law
upon application to and approved by the State Comptroller.
EIGHTH: Authorizing the issuance of $23,555,000 of serial bonds of the
Town for the acquisfti0n 'and construction of the aforesaid'" utility system;
stating the estimated maximum cost of such specific object or purpose is'
$23,55'5,000, including buildings, land, furnishings, equipment, apparatus,
and other costs inCidental thereto.
-~. NINTH: Stating the plan of financing is the issuance of $23,555,000
serial bonds_and notes in anticipation of the sale of such bonds; stating
that all the taxable real property within the Town shall be subject to the
levy and collection of a tax to pay the principal of said bonds or notes an'd
the interest thereon as the same shall become due and payable, and ~electric
servic~ rates, rentals and charges for .services rendered shall be fixed,
charged and collected in'order that'the revenues therefrom, after deducting
in each year all of the costs, of operation, maintenance and repairs of the
system for such year, will'be sufficient to pay the principal of 'and interest
on such bonds or notes and shall, and are. hereby authorized to, be
budgeted as an offset to any such tax.
TENTH: Determining the period of usefulness of said specific object or
purpose is thirty (30) years; that current funds are not required by the
Local Finance Law; that the proposed maturity of the bonds authorized
therefor will exceed five years.
ELEVENTH: Delegating to the Supervisor, the chief fiscal officer of
the Town, the powers and duties as to' the issuance of said bonds and
..... notes, and any bond anticipation notes issued in anticipation of said bonds,
or the renewals thereof.
TWELFTH: Determining that said'bonds and notes issued in anticipation
of said' bonds and the renewals of said. notes shall be general obligations of
the Town and pledging to.their payment the faith and credit of the Town.
THIRTEENTH: Stating that the validity of the bonds authorized by
said resolution and of any notes issued in anticipation of the sale of said
bonds may only be contested if:' {a) the same are authorized for a purpose
for which the Town is not authorized to expend money, or (b) the
87
88
JULY 29, 1986
provisions of law which should be complied with at the date of the
publication of such Resolution are not substantially complied-with, and an
action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication; and
FOURTEENTH: Stating that sai.d Resolution and Act shall not become
effective until submitted to and approved by the qualified voters of the
Town at the general election to:be held on November 4, 1986.
Section 3. The Town Clerk of the T~)wn of Southold is hereby further
directed to cause to be published in full, a copy of Resolution and Bond Act
No. 30 adopted by the Town Board on July 29, 1986, together with the statutory
notice attached, as prescribed by Section 81.00 of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York, such publication
to be made once in each of the following newspapers having a general circulation in
the Town of S_outhold, which newspapers are hereby designated the official newspapers
for the purpose of said publication:
The Long Island Traveler-Mattituck Watchman
The Suffolk Times
Said publication shall be effected as soon as possible after the canvass of
the results of the voting on the Propc~sition with respect to said Resolution and
Bond Act at the general election provided that the said Proposition shall have
received the approval of a majority of the votes cast thereon.
32.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33 is a resolution to create the position of a
Senior Building Inspector.
33. Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board fo the Town of Southold hereby creates the
position of Senior Building Inspector for the Town of Southold.
33.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 34 is to declare ourselves lead agency.
34. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southoid hereby declares itself
lead agency in regard to the State Environmental Quality Review Act in the matter
of a proposed Local Law entitled, "A Local Law to provide for the regulation of ~:
public assemblies."
34.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35 is to authorize the transmittal of this proposed
Local Law to the Town Planning Board and Suffolk County Department of Planning.
I offer that resolution.
35. Moved by Supervisor Murphy, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local law entitled, "A Local Law to provide for the requlation of
public assemblies," now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is.authorized and directed to
transmit this proposed Local Law to the Southold Town Planning Board and Suffolk
JULY 29, 1_986 8 9
t;ounty Department of Planning in a~ccordance with the Code ot the Town of South61d
and the Suffolk County Cha~ter.' ~aid proposed Loca Law reads as follows, to wit:
LOCAL LAW NO. - 1986
A Local Law to provide for the
regulation of public assemblies
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows:
I. Sudivision C of section 100-114 thereof is repealed, and subdivision D to J
inclusive are relettered accordingly.
il. Said chapter is amended by adding a new section thereto, to be section 100-114.1
to provide as follows:
Section 100-114. I Public ~Assembly Permits.
A. Definitions
For the purpose of this section, the following terms, phrases and
words shall have the following meaning:
PERSON - Any person, firm, partnership, association, corporation, .
company, organization or other legal entity of any kind, including
municipal corporations or governmental agencies or subdivisions
thereof.
PUBLIC ASSEMBLY - The gathering together of fifl~y or more persons
for amusement, athletic~ charitable; civic, dining, educational,
entertainment, fraternal, fund raising, patriot~iq, political, promotional,
Cecreational, religious, social or similiar purposes.
TOWN BOARD - The Town Board of the Town of Southoid.
B. Permit Required
Notwithstanding any other provision of this code or other provision
of law, no person shall maintain, conduct, promote, use or occupy~
any land or premises for public assembly purposes, other tb~n in
established theatres, auditoriums or other premises licensed~or
permitted for public assembly purposes as limited by law, except
pursuant to a permit authorized by the Town Board and issued by
the Town Clerk pursuant to the provisions of this section.
No owner , lessee, licensee or other person having any right to or
interest in any real property within the jurisdiction of' the Town of
Southold shall license, rent, lease or otherwise permit the use of such
real property or any part thereof roi~ public assembly purposes, other
than in established theatres, auditoriums or other places licensed or
permitted for public assembly purposes as limited by law, except
pursuant to a permit authorized by the Town Board as hereinafter
provided.
D. Application
The Town Board may issue a permit to use premises for public assembly
purposes upon the written application made by the person who proposes
to maintain, conduct, promote or operate such public assembly use
or participate therein, together with the owner, lessor or licensor who
proposes to rent, lease, license or otherwise permit the use of premises
for such use, all hereinafter designated as applicant.
E. Application Procedure
(1)
The applicant shall file a verified application with the town clerk
at least thirty (30) days prior to the date or dates upon which
such public assembly use is to.take place, together 'wi.th the
permit fee in the sum of ten ($10.) dollars.
(2) The Application shall state:
(a) The names and addresses of all of the applicants
(b) The Iocatioh, size and facilities located on the property
intended to be used for the public assembly event.
(c) The number of persons expected to attend such event.
(d) The date or dates and hours during which the event' will
be held.
90
JULY 29, 1986
(e) The means of accommodating the persons attending such
event with respect to:
(i) ' Food
(ii) Shelter
(iii)" Facilities for toilet and other personal sanitary needs
for men and women.
(iv) Emergency first aid.
(v) Parking of cars, showing the means of ingress, egress
and parking areas.
(vi
) Provision for public safety, guards or special police
to assist in the nontrol of traffic and the supervision
of persons attending the event.
Issuance of Permit
The Town Board, after considering the application and after causing
due investigation and report to it,~ and after considering the facts and
circumstances in the matter~ may authorize the Town Clerk to issue
a permit upon such terms and conditions as it deems necessary and
proper to ensure the public 'health, safety and welfar~e. Upon the
issuance of a permit, the Town Clerk shall cause a copy thereof to
be transmitted to the Chief of Police of the Town Police Department.
G. Bond
The applicant shall post a bond suitable to the Town Board as to amount
and surety, or a cash deposit in lieu of a bond, to ensure the cleanup
and restoration of the premises upon which such event takes place;
within forty-eight (48) hours after the close of the event.
H. Waiver
The Town Board shall have the right, in the exercise of its discretion,
to waive one or more of the requirements or provisions of this section,
upon application to it by the applicant,.! if the Town Board determines
by resolution that such waiver will not adversely affect the public
health, safety or welfare.
III. This Local Law shall take effect upon its filing with the Secretary of State.
35.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 36 is to authorize the Town Clerk to submit to the
Southold Town Planning Board and Suffolk County Planning Board a motion to change
zone.
36.
Moved by Councilman Schondebare, seconded by Supervisor Murphy,
WHI~REA~;, the Town Board, pursuailt to Section I00-150A of the Southold Town
Code, on its own motion, proposes to change the zoning classification from "M"
Light Multiple Residence District to "A" Residential and Agricultural District o.
the real p.r.operty located at the southeasterly corner of County Route 48 and
Moores Lane, Greenport, comprising 49 acres, more or less of land, and shown
on the Suffolk County Tax Map as District 1000, Section 040, Block 5, Lot 1,
said premises being more particularly bounded and described as follows, to wit:
BEGINNING at the point of interesection of the easterly line of Moore's Lane with
the southerly line of Middle Road (County Road 48), said point being the north-
westerly corner of the premises herein described; running thence along said south-
erly line of Middle Road three courses: (1) North 66 degrees, 09 minutes, 10 seconds
East 96.61 feet; thence (2) North 69 degrees, 02 minutes, 10 seconds East 985.10
feet; thence (3) North 71 degrees 28 minutes 20 seconds East 312.64 feet to the
westerly line of a subdivision known as "Fleetfield"; thence along said westerly
line of "Fleetfield", South 16 degrees 01 minutes 50 seconds East 1450.11 feet to
land of Village of Greenport; thence along said land of Village of Greenport, two
courses: (1) South 58 degrees, 15 minutes 00 seconds West 714.04 feet; thence
(2) South 74 degrees, 45 minutes 00 seconds West 670.00 feet to said easterly line
of Moore's Lane; thence along said easterly line of Moore's Lane, North 17 degrees,
15 minutes, 00 seconds West 1523.22 feet..to the point of BEGINNING. Containing
48.7186 acres.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That pursuant to the provisions of Section 100-150B of the Southold To
Code the Town Clerk be and she ~hereby is directed to transmit a certified copy of
this resolution to the Southold Town Pla~ing Board, together with instructions to
said board to prepare an official report together with its recommendations w all
pursuant to said Code.
2. That the Town Clerk is hereby directed to transmit a certified copy of
this resolution to the Suffolk County Planning Commissionr together with such maps,
documents and information as it may require, and request said Commission to make
written recommendations with respect thereto pursuant to the provisions of the
Suffolk County Charter.
SUPI~RVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: Yes, I'd like to make a statement. The purpose
of my doing this, and basically I introduced the resolution--it's been something
I've been wanting to do for the last couple of months ever since were were advised
by the owner of the premises that they're under a lot of pressure because the
parcel is zoned "M" for condominiums to be developed on that property. We were
told that the Town had not moved forward with regards to aff~ordable housing. The
Town had in fact passed an Affordable Housing Act, and to date no one has come
forward witl~ any proposal with regards to affordable housing on this property.
The idea of the change of zone to an "M" was at the request of Mr. Costello, who
indicated to us that he would have affordable housing on these premises. At that
time I remember the Supervisor asked for guarantees that they would, in fact,
occur before the zone change was made and we declined to accept his recommenda-
tion and we made the zone change. It would appear that an "M" zone is still not
going to be Affordable H~ousing zone. We have an AH zone on-our books which is
the~ Affordable Housing Zone. So whether or not the property is Agricultural-
Re~sidential two acre zoning, or whether it's "M" as it presently is, the zone change
is still going to be required in order to have our Affordable Housing Zone, unless
someone's under the impression that our Affordable Housing Zone, or affordable
housing can be modified and changed. This Town Board, together with the Planning
Board r together with the Housing Advisory Committee, spent long, long hours and
many, many days coming up with an Affordable Housing Code. We finally agreed
on it and implemented it 'and it's specifically tailored for this piece of prope~rty~
And this is the code upon whicl~ the application should be made. So_~ see no
reason to have this as an "M" zone at the present time. You still would have to
make the change of zone. The only thing it allows at the present time is multiple
residences and condominiumsr and I think what we should do is change this back
to an Agricultural~Residential and then when the affordable housing proposal comes
in we can make the change of zone under the new A~fordable Housing District. It
still has to be a change of zone one way or the other, but I think this will take
the pressure off the developer~ Also I feel that it's in the best interest for the
Town and the best interest of the welfare of the people within the Town that this
property revert to two acre zoning.
SUPERVISOR MURPHY: Couldn't agree with you more. Any other comments?
COUNClLMAN~ PENNY: I'd like to make a comment. Number one, the AH Zone
of which the Councilman speaks is not available ye~ for anybody that applied
for it, because it's part of our Master Plan, which we haven't .....
COUNCILMAN SCHONDEBARE: No, iit's in our zoning now.
COUNCILMAN PENNY: That's right. I'm sorry. I'm off base on that one. I've
spoken in the last day or two to the people that are selling the property and they
have reassured me that there will be affordable housin~g on this property. They
have requested that they bring ~n the new purchasers---the property hasn't trans-
ferred to my knowledge---it's only gone into contract at this time. As a matter of
fact they just recently went into contract--probably within a week--and they would
like to bring the people in to the Town Board to let their intentions be known, and
I agree with them that this is a worthwhile approach, and that we let this be heard
so tha~ we get this from the people and not from the hearsay gossip that's running
around Town.
SUPERVISOR MURPHY: Why not bring it back to where it started from?
COUNCILMAN SCHONDEBARE: That still goes back to what I said. It
matter whether it's an "M" or an "A" Residential. You still have to go for a zone
change for af~fordable housing. It doesn't matter. So why leave it as an "M"
hanging out there all this time?
COUNCILMAN PENNY: Why would they apply for something when they just wenl
into contract?
COUNCILMAN SCHONDEBARE: They obviously want an "M" zone, don't they?
COUNCILMAN PENNY: I don't know what they want.
COUNCIlwOmAN SCHONDEBARE: Here comes the condos.
JULY 29, 1986
SUPERVISOR MURPHY: Any other comments?
COUNCILWOMAN COCHRAN: Yes, I would also like to add to what George has
said. I think we're jumping the gun. We placed a great deal of faith in John
Costello and the project that he brought to ~his community, and ! feel that there
is still a great need for moderate income housing and I would like to give the
new owners the opportunity to at least come in to the Town Board and perhaps
share with us their intent, l've weighed what Jay has to say, because he said
it earlier in the day and I've been thinking about it, and I weighed it against
the need for moderate income housing and I ~annot support this at this time.
I think that the least we could do is give two weeks time.
COUNCILMAN SCHONDEBARE: I still'fall back to what ! said before, Jean.
What does it matter? You still have to make ~the zone change to an AH.
COUNCILWOMAN COCHRAN: Sorry, I don'~ agree.
SUPERVISOR MURPHY: I don't think ~n'y~ne ~is questioning John's motivations
or anything.
COUNCILWOMAN COCHRAN: I'm not qu~-~-ti~ni'ng that, Frank.
SUPERVISOR MURPHY: No, I said anybody Else.
COUNCILWOMAN COCHRAN: But I think I'll .just keep the faith'a little bit
longer.
SUPERVISOR MURPHY: Yes.
Okay. ~y ~her comments? (No response.)
36.-Vote of the Town Board: Ayes: Coun~[m~ ~hondeba~re, Supervisor Murphy.
Noes: Councilman Penny, Council~om~n ~h~r~m~ Justir~e Edwards.
This resolution was declared LOST.
SUPERVISOR MURPHY: Okay, ~hat'~ -~he ~m~l ~)f our pz~epared and added-on
agenda. At this time I would like ~ ~a~sk ~ny Town Boa.rd members i£ they
have anything else to say? Ray? ~.
JUSTICE EDWARDS: Well, the only ~-z~m~m~ ~,h~ ! h~v-e i~ that I followed John
C0stello right from the beginning ~,~i~h ~h~.is ,~r~}~r~t and ~l',m going to stick ai~ound
a little longer. ! th~nk it's! South,)Id ~ov~'~ ~hance to .h~ve some affordat~le
housing.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Jus~ ~l~i.k~ '~ ~ ~Jhere's ~more to be lost than gained.
Two weeks isn't too much.
TOWN CLERK TERRY: Is this supposed ~to ~1~o back on in two weeks? Is that
what you're asking for?
COUNCILWOMAN COCHRAN: I'm-~s.'l~b~ ~t;v~ ~,~eks for ~he new owners to at least
some some intent.
SUPERVISOR MURPHY: Okay.
COUNCILMAN SCHONDEBARE:
.Jay..~ny ~m~Tmm~nts?
No.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes, I'd 'like ~o ~ ~k to that !Exetutive ,Session because
our contract is going to expire wi~h ~he ~mi~V~al ~Welfare J_~mgu. e~an~ think that if_
could finish that up we coul'd ~h~e ?Cne ~mr~a~ct in 'pl~e. ~T'm going to be aw;i~
we
but
, before the next meeting. ~,,it
SUPERVISOR MURPHY: We could meet ~gh~t ~ff~ter, rather than chase everybody
else. Let them comment. We could meet right-after. We could recess or we could
meet after and put it on the agenda for Fisliers Island.
COUNCILMAN PENNY: That would be fine. I'm just asking that we address it
tonight, because the contract expires on the ~31st of July.
SUPERVISOR MURPHY: All right, if ~nyon-e ~l~e in the audience would like to
make any comments to the Town Board, now is the time. John?
JOHN COSTELLO: i'd like to thank the _Board for their confidence again. Just
last week--you know, we have an application with Greenport for water, sewer
and electricity on this property.. The Utility Committee, as of last week, recommende'
going into negotiations. Before that the Planning Board probably wouldn't even
entertain a site plan. They're going to enter into negotiations ,now. I did not
want to submit a site plan for anyone i~l~e, any developer to be stuck with. I'm
a dock builder. I'd have had docks all over that property. Now they're going
to put houses on it. The dollars--the reason I haven't been screaming about the
Affordable Housing Law or putting my input into it, I don't know what it costs
to build a square foot of house when you're building a hundred or when you're
building fifty. They do. You can also check with Mr. McMahon. i've had my
men the last couple of weeks put their names on a list hopefully being able to get
top of the list on any affordable housing or moderate income housing in Southold
Town. If that's the way its selected I want them on there first. I also put Costello
Marine Contracting on that list because I do need employees. I hope it doesn't
just pertain to individuals. ! thlink 'this is a problem we can all discuss, l have
to get a developer to build houses. I think I have the best one for Southold
Town. The best one for the people in that area, and I'm very content with them.
I would like to know if the Board would put us on some session in the afternoon
to discuss any of these questions that they might have on any of their hesitancies
on this project. !'I1 know more about dollars and what it costs to build, them and
we're willing to talk to you. Thank you.
SUPERVISOR MURPHY: John, if you'd like to have you and your other people
come to the next work session, call my office and we're schedule you.
JOHN COSTELLO: I would appreciate that. Thank you.
SUPERVISOR MURPHY; Sure. Any other comments from anyone in the audience?
Yes, ma'am?
DIANE CARROLL: Good evening everybody. May name is Diane Carroll. I hope
I'1_I. be building out here along with Donald Bracken. Mr. Bracken has built homes
for thirty-five years in Nassau and Suffolk Counties, and I've been building with
him for the last seven or eight years. John Costello is not going to be let down
and Southold Township won't be let down either. We will be bringing in moderate
price homes here, regardless of the "M" zone. The probably will be town houses,
but there will be moderate priced homes here, and don't anybody feel that there
won't, i'm so glad that the resolution did not pass, for John's sake,, and-~ look
forward to meeting you all again and we will come before you naturally as quickly
as we can with our plans, and that's all ! can say. '~
COUNCILMAN SCHONDEBARE: Can I assume that'your plans are in accordance
without Affordable Housing Zone?
DIANE CARROLL: You can't assume anything, i will discuss it. My partner and
i will discuss it.
COUNCILMAN SCHONDEI3ARE:
DIANE CARROLL: What?
COU NCILMAI'I SCHONDEBARE:
Housing Zone is?
That's my problem.
That's my fear. Do you know what our Affordable
DIANE CARROLL: Don't have any fear. Don't have any fear. Don't jump the gun,
and it's right that you didn't pass the resolution tonight. It was jumping the gun.
Something that can always be done in the future. And there won't be a need for
it. Good night.
SUPERVISOR MURPHY: Thank you. Is there anyone else here would like to speak?
Jim?
JAMES BITSES: Very briefly, ladies and gentlemen, I want to congratulate you
for passing the resolution that will put SEACOM before the public. It's in the
highest traditions of democratic government, and again I want to congratulate you
all. Thank you.,
COUNCILMAN SCHONDE[3ARE: Mr. Bitses, let me just say that if anyone needs
congratulations it is you. ! believe you were the first one to come marching in
here. You were the first one to make a presentation, and I think we ought to
give you a than[( you also.
JAMES BITSES: Robert Webb ....
COUNCILMAN SCHONDEBARE: Mr. Webb followed ....
SUPERVISOR MURPHY: We thank the both of you.
ROBERT WEBt3: i feel like I should have a parking space out here. For over a
year now we've appeared in work sessions. We've disagreed and we've agreed,
and this is only the first step and hopefully it will wo~-k out in the future. And
of course in the long run it's what we all want, it's lower rates so that businesses
4 JULY 29, 1986
Gan continue to work in Southold Town and prosper and the people can live here
comfortably. Senior Citizens won't have to give all of their income to the electric
company, and that's basically what we're all after. So hopefully this will be the
beginning of it. Thank you very much again.
SUPERVISOR MURPHY: Thank you, sir. Thank you for your comments. Anyone
else like to comment? (No response.) If not I would like to entertain a motion to
adjourn, and thank everyone for coming here tonight.
COUNCILMAN PENNY: What about a recess?
SUPERVISOR MURPHY: Oh, i'm sorry, to recess. We have to go into Executive
Session, so you're going to have to leave. The only resolution that will be passed
after will be probably approving the Dog Contract for the next two years.
Moved by CouncilWoman Cochran, seconded by Councilman Penny, it was
RESOLVED that this meeting be and hereby is recessed at 8:40 P.M. for an
Executive Session.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
EXECUTIVE SESSION
8:41' P;M. - ~The Board discussed the terms and conditions of the proposed agree-
ment~_~yith the North Fork Animal Welfare League, Inc. for the Dog Pound services.
8:45 P.M. - Regular Meeting reconvened.
37. Moved by Councilman Penny, 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 an agreement between the Town
and the North Fork Animal Welfare League, Inc. whereby the League, under
Section 114 and 115 of the Agricultural and Markets Law shall provide dog officer
services and dog pound services for the period of August 1, 1986 through July 31, ~
1988, at the contract sum of $61,084.50 for the period of August 1, 1986 through
July '31, 1987, and the sum of $66,084.50 for the period of August I, 1987 through ~
July 31, 1988.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
On motion of Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 8.' 47 P.M.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
~/~J~dith T. Terry~'~'~'~ ....
Southold Town Clerk