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HomeMy WebLinkAboutTB-12/27/1985223 SOUTHOLD TOWN BOARD DECEMBER 27, 1985 WORK SESSION Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr., Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A. $chondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker. 9:00 A.M. - 9:55 AiM. - The Board met to interview candidates fer th~ position of Building Inspector whosel.names appeared on the Suffolk County Department of Civil Service Certification of Eligibles. 10:00 A.M. - Sanitation Supervisor James R. Douglass met with the Board to discuss compliance with requests of the Cutchogue Fire Department with respect to the Landfill. Mr. Douglass reported that he has complied with all of their requests except for lighting the entire area, which the Board agreed would be an excessive expense to the Town. Mr. Douglass will meet once a month with the Board in the future to discuss mutual concerns relative to the Landfill. 10:30 A.M. - The Board reviewed For Discussion Items: (1) proposed agreement between Szepatowski Associates, Inc. and the Town for planning services for 1986. The agreement must be revised to reflect original 1984 agreement terms. (2) Bid proposals for 12 passenger van. Will review this bid along with the ones to be opened at 11:00 A.M. for. another 12 passenger van, 5 passenger van, and sedan car. (3) SEQR process for Proposed Zoning Regulations Implementing the Master Plan Update. (4) Proposed agreement between the Southold Wastewater Disposal District, Village of Greenport and Town of Shelter Island. Town Attorney Tasker will revised the proposed agreement. (5) Reschedule date for East-West Fire Protection District public hearing to: 3:30 P.M., January 21, 1986. (6) proposed Cluster Concept - Breezy Shores - have not received response from Planning Board relative to questions of the Board on December 17th. (7) Land Preservation Bank Legislation was discussed and thee Board mainly agreed with the Southampton proposed legislation with minor changes (see resolution No. 17}. (8) Request of the Town Clerk for comments relative to the renewal of the James Goodwin Junk Yard License - Town Board has no objection to issuance of the license. (9) Reviewed the Brookhaven Town Board Home Rule Message in support of an incubator project for high bio- technology at SUNY, Stony Brook. Board wishes supporting resolution (see No. 16). 11:20 A.M. - Town Trustee President Henry P. Smith met with the Board to discuss the Draft Environmental Impact Statement of Matt-A-Mar Marina with respect to their ap. plication for a Wetlands Permit. It is the concensus of the Board that the project will still have a significant effect on the environment, and they drafted a list of concerns to be addressed in a Final Impact Statement (see resolution No. 15). 12:35 P.M. - Recess for lunch. 1:55 P.M. - Work Session reconvened and the Board audited outstanding vouchers and proposed resolutions for the regular meeting. 2:00 P.M. - Work Session recessed., to reconvene following regular meeting. REGULAR MEETING 2:00 P.M. A Re~tular 27, 1985 at the Murphy opened Meeting of the S0uthold Town Board was held on Friday, December Southold Town Hall, Main Road, Southold, New York. Supervisor the meeting at 2:00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Superintendent of Highways Raymond C. Dean SUPERVISOR MURPHY: I'd like you to please stand just for a moment and have a moment of silent prayer for not an official member of the Town Board, but a man who was very interested in the Town, Stu Harvey, who just passed away. We'll make note of that on the official records of the Town and send a copy to his family. At this time I'd like a resolution to approve the audit of the bills of December 27th, 1985. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the followinct audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $32,050.13; General Fund Part Town bills in the amount of $7,848.04; Highway Department bills in the amount of $12,518.94; Fishers Island Ferry District bills in the amount of $30,784.85. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Mdrp~f l This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time I'd like a resolution approving the minutes of the December 17th, 1985 meeting. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the minutes of the Re~lular Meetin~t of the Southold Town Board held on December 17, 1985, be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time I'd like a resolution to set the next meeting dates Of January 3rd, 1986 at 3:00 P.M as an Organizational Meeting at the Southold Town Hall, and January 7th, 1986, 7:30 P.M. as a Regular Meeting of the Southold Town Board. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the next meetin~l of the Southold Town Board will be the Annual Organizational Meeting to be held at 3:00 P.M., Friday, January 3, 1986 at the Southold Town Hall, Main Road, Southold, New York, and the next Regular Meetin~l of the Southold Town Board will be held held at 7:30 P.M., Tuesday, January 7, 1986 at the Southold Town Hall, Main Road, Southoid, New York. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsenct, Supervisor MurpP~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time I'd like to take a little t.~me out to offer some special resolutions in special thanks to departing officials who are going off--out of service, so to speak, from Southold Town Board and I can't say enough to thank, really, anyone who vounteers to put his neck on the line and run for public office. Win or lose, whatever, and it's just a special kind of person I think that will put himself up for criticism, a lot of abuse at many times, and the rewards are great-- the pay is great, but the rewards really are great in knowing that you can do something to help people. We have four people who are finishing up their terms of office this year who really exemplify that they have given quite a bit to the Town, and as the Supervisor and all the members of the Town Board, I think we all want to say a special word of thanks to these people and I'd like to read the proclamations for them. The first one is Raymond Dean who is retiring as Highway Superintendent. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, RAYMOND C. DEAN, a most esteemed official of the Town of Southold is retiring from public service on December 31, 1985, and WHEREAS, RAYMOND C. DEAN has given generously of his time and talent in his faithful service to the Town of Southold residents as SUPERINTENDENT OF HIGHWAYS since January 1, 1966, and WHEREAS, his record of fine service, diligence to duty and dedication to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom he served· and WHEREAS, the Town of Southold will be deprived of his wise counsel and judgment as Superintendent of Highways, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses its most sincere appreciation to RAYMOND C. DEAN for his unselfish and wholehearted cooperatio~ and untiring efforts on behalf of the Town, and extend their best wishes for the years ahead, and be it further RESOLVED that a copy of this resolution be presented to Mr. Dean and entered in the permanent record of this Town Board meeting. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Raymond, thank you for many years of good service. SUPERINTENDENT OF HIGHWAYS DEAN: Thank you, everybody. SUPERVISOR MURPHY: The next one is to a man who has served this Town very well for the last four years. It was my pleasure serving the four years with him, and I think anyone who comes in contact with Joe knows that he's always dedicated and always has done the best he can. I think I do, and I think everyone on the Town Board, Joe, really appreciates all the effort you've put in to Southold Town government, and I'd like to offer this resolution. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, JOSEPH L. TOWNSEND, JR., a most esteemed member of the Southold Town Board, is stepping down from his position as Southold Town Councilman on December 31, 1985r and WHEREAS, JOSEPH L. TOWNSEND, JR. has given generously of his time and talents in his faithful service to the Town of Southold residents as a COUNCILMAN since January 1, 1982, and WHEREAS, his record of fine service, diligence to duty and dedication to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom he served, and WHEREAS· the Town of Southold will be deprived of his wise counsel and iudgment as a member of the Southold Town Board· now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses its most sincere appreciation to JOSEPH L. TOWNSEND· JR. for his unselfish and wholehearted cooperation and untiring efforts on behalf of the Town, and extend their best wishes for the years ahead, and be it further RESOLVED that a copy of this resolution be~ presented to Mr. Townsend and entered in the permanent record of this Town Board meeting. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwardsr Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Again, Joe, thank on behalf of all of us for doing a great job. COUNCILMAN TOWNSEND: Thank you. SUPERVISOR MURPHY: And we also have Joe's Councilman's nameplate framed and I'd like to thank Jean Cochran for arranging to have it done. COUNCILMAN TOWNSEND: Oh, boy. Thanks a lot. I really appreciate it. It's great. SUPERVISOR MURPHY: We have two Town Trustees who have served the Town very well also. Frank Kujawski--I'm going to ask Paul to read that one. He cannot be here today. His wife is a nurse and is working and his oldest daughter is having her tonsils taken out in Southampton Hospital. He's sorry he can't be here, but he would love to have been. Paul, would you read that? Moved by Councilman Stoutenburgh, seconded by the Entire Town Board, WHEREAS, FRANK A. KUJAWSKI, JR., a most esteemed member of the Board of Town Trustees, is stepping down from his position as Southold Town Trustee on December 31, 1985, and WHEREASw FRANK A. KUJAWSKI, JR. has given generously of his time and talents in his faithful service to the Town of Southold residents as a TOWN TRUSTEE since 226 DECEMBER 27, 1985 January 1, 1980, and WHEREAS, his record of fine service, diligence to duty and dedication to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom he serviced, and WHEREAS, the Town of Southold will be deprived of his wise Counsel and judgment as a member of the BOard of' Town Trustees, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses its most sincere appreciation to FRANK A. KUJAWSK1, JR. for his unselfish and wholehearted cooperation and untiring efforts on behalf of the Town, and extend their best wishes for the years ahead, and be it further RESOLVED that a copy of this resolution be presented to Mr. Kujawski and entered in the permanent record of this Town Board meeting. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Superwsor Murph This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Frank also has his nameplated framed. Okay, John Bednoski is the other Trustee who is stepping down, and I would like to ask an old friend of his, Jean Cochran, to please read the resolution. COUNCILWOMAN COCHRAN: It's my honor, Frank, because as many of you know John has been my neighbor. As he was a young man growing up he lived across the street. We knew his mom and dad very well and so John has always had a special place in my heart. Moved by Councilwoman Cochran, seconded by the Entire Town Beard, WHEREAS, JOHN L. BEDNOSKI, JR., a most esteemed member of the Board of Town Trustees, is stepping down from his position as Southold Town Trustee on December 31, 1985, and WHEREAS, JOHN L. BEDNOSKI, JR. has given generously of his time and talents in his faithful service to the Town of Southold residents as a TOWN TRUSTEE since January 1, 1982, and WHEREAS, his record of fine service, diligence to duty and dedication to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom he served, and WHEREAS, the Town of Southold will be deprived of his wise counsel and judgment as a member of the Board of Town Trustees, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses it most I I sincere appreciation to JOHN L. BEDNOSKI, JR. for his unselfish and wholehearted ~ ~ cooperation and untiring efforts on behalf of the Town, and extend their best wishes ...... for the years ahead, and be it further RESOLVED that a copy of this resolution be presented to Mr. Bednoski and entered in the permanent record of this Town Board meeting. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILWOMAN COCHRAN: Thank you for that privilege, Frank. SUPERVISOR MURPHY: Thank you, Jean. And also John has the same nameplate framed, and I don't know if it was working so hard for the Town, but John did pull his back out and John is unable to be here today also. Anyone who knows John, he's quite a large man and so when you have a sore back, he's got a big back problem.---We also have the Seal of the Town of Southold, a replica of the Seal, with each of their names on it. This first one I opened is Raymond Dean, Superihtendent of Highways, Town of Southold, January 1, 1966 to December 31, 1985, presented by Supervisor Frank Murphy. Again, Ray, thank you. SUPERINTENDENT OF HIGHWAYS DEAN: Gosh, all these goodies. Thank you. SUPERVISOR MURPHY: And this one is presented to Joe Townsend, Jr., Councilm~ Town of Southold, January 1, 1982 to December 31, 1985, presented by Supervisor I Frank Murphy. Joe, best of luck. l.~l COUNCILMAN TOWNSEND: Frank, I'm beginning to get concerned about the budget. I didn't see a line for this. SUPERVISOR MURPHY: Okay, we have one also for Frank Kujawski and John Bednoski. COUNCILMAN TOWNSEND: Very nice, very nice. Thank you. I'm touched. This is great. SUPERVISOR MURPHY: Just don't be a pest and keep coming around here, and don't come around harrassing us. COUNCILMAN SCHONDEBARE: Can I put my order in now? There are a few things I'd like. REPORTS. SUPERVISOR MURPHY: Okay, moving on to the first item on the agenda is Reports. These are on file in the Town Clerk's Office for anyone who does want to see them. l(a). Southold Town Dog Shelter monthly report - November 1985. l(b). N.Y.S. Department of Agriculture and Markets - Municipal Compliance Report. 2. Szepatowski Associates, Inc., progress report - December 1985. 3(a). East End POW/MIA Committee of the Vietnam Veterans of America - November 19, 1985 report. 3(b). East End POW/MIA Committee of the Vietnam Veterans of America - December 17, 1985 report. 4. I'd like to ask the Councilmen at this time if they have anything further to report? Jay? COUNCILMAN SCHONDEBARE: No, Frank. SUPERVISOR MURPHY: Joe? COUNCILMAN TOWNSEND: I'd like to hold mine until the end of the meeting. SUPERVISOR MURPHY: Okay. Paul? COUNCILMAN STOUTENBURGH: Yes, i attended a meeting of the Water Advisory Committee of December 18th. We had John Phillipi there reviewing the ERM Report, which I don't know if any of you got a copy of it, but you will be getting a copy of it. They would like input, if you could possibly, so that they can firm this up. It's basically just a draft. We went over it and found it was--particularly in the section that needed some work done on it--was the organizational part of it and they're going back to the drawing board on that and come back. Again, I think we want to remember that we have some very, very fine people on that Water Advisory Committee, dedicated people. Particularly Joe Baler. i want to make sure you all appreciate the tremendous amount of input this ~aan, who works for the Health Department, is giving this Town free of gratis. He's really been a great person and really helping a lot. So we would like to see if you could get any input or any corrections or any ideas that you might have for this and get it back to the Water Advisory Committee so they could get a final draft out by the middle of January. That's all I have. SUPERVISOR MURPHY: Thank you, Paul. Jean? COUNCILWOMAN COCHRAN: Yes.' I just want to report that the Commerce and Industry Committee did meet on December 18th and the Chamber and its members-- the combined Chambers, expressed views on different categories and 1 would like to schedule, at our next Work Session, some time so that these things can be discussed. They will be typed and presented to the Town Board prior to the Work Session, Frank, so that you'll have an idea of what it is, but rather than do it here I'd rather hold it for a Work Session so we can reach some conclusions in relation to their concerns. Thank you. SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards? JUSTICE EDWARDS: The only thing I have to report right now is the Coast Guard was out doing some research on the sunken barge, and I do have a picture that appeared in the New London Day last week of a sonar picture that they took under water of the barge. It's pretty hard to pick out what's going on down there, but they claim that it is a shadow of the barge and it seems to be staying right in its place where it sunk, it has not moved. They have been able to pinpoint it. 1 hear they're putting a couple of marker pedestals on Fishers Island so they can use it for taking bearings on the wreck to make sure it is staying put, but the Coast Guard apparently goes out there once a week. They have not sent any divers down on it yet, the weather hasn't been that good, but all in all there's no product leaking from the barge. It's at a safe resting place out there for the time being or for how long. When they're going to recover it, it looks like some time in May, but of course that's not definite yet. That's it, Frank. Thank you. SUPERVISOR MURPHY: I would just like to report that I'm really quite pleased for the last year. I think we've accomplished, this Town Board has accomplished quite a bit, and one of the biggest things that i think the Town accomplished was probably one of the largest projects this Town ever got involved in, was the little over two point two million dollar septic treatment plant, and it is very rewarding to find that in a two year period of time, from when the contract was signed, that we have just about final completion now. We have the acceptance by your consulting engineer and the plant is being now final testing with water and it will be fed septic sludge very shortly. Anyone who's involved in construction projects of this type and of this 228 DECEMBER 27, 1985 magnltuae, and being that it was an experimental type of program, have to realize that a two year timeframe on a job of this is pretty well, and I think our consulting firm, H2M and their engineer George Desmarais, deserves a special vote of thanks of the people of Southold Town for bi'inging this job in in such good shape. II. PUBLIC NOTICES SUPERVISOR MURPHY: Moving on to the second item on the agenda, Public Notices. 1. U. S. Army Corps of Engineers, Notice of Application of Gaston J. Criblez to reconstruct a timber bulkhead and groin and fill, Watersedge Way, Peconic Bay, Written comments by January 17, 1986. 2. New York State DEC, Notice of Complete Application of Lagoon Association, to dredge channel entrance at Wunnweta Lagoon, Nassau Point. Written comments by January 10, 1986. COUNCILMAN STOUTENBURGH: May I say something on that one, Frank? I read that over and they have the spoil going the wrong way on that. They have the spoil to the south and it should be to the north. So with the Board's permission I would like to go ahead and write a letter to them suggesting that that be the only change in it. SUPERVISOR MURPHY: Okay, if you would do that and we'll get it out for you. COUNCILMAN STOUTENBURGH: Yes, i'I1 do that. In other words it will all come right back in again the way they're doing it. III. COMMUNICATIONS SUPERVISOR MURPHY: We have one communication--I think it's nice--it's from Dr. Koppelman, Director of Planning for Suffolk County, thanking us for attending the conference on planning and taking the time to write to him with our comments on it. I think the relationship with the Town government and with the County government and also with the Village of Greenport has been tremendous these last couple of years and I think it shows that we are--with cooperation things can get done properly. IV. PUBLIC HEARING. Public Hearing at 3:30 P.M. V. RESOLUTIONS. SUPERVISOR MURPHY: Moving on to item number V, ,Resolutions. The first is an authorization to advance funds. 1. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the advance of $5,356.00 to East End Community Services, Inc. (Community Development Project - FY 11), from funds received from the sale of the Linnett Street house (Community Development Project FY 8). 1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards r Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is a trailer permit renewal. 2. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the application of Bauer Farms, Inc. for renewal of their sinclle family house trailer permit, for trailer located off of the south side of North Road (County Route 48), Peconic, New York, which permit expires on January 4, 1986, be and hereby is granted for a six (6) month period. 2.-Vote of the Town Board: Ayes: CouNcilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman ~ownsend, Supervisor Murp?~..~.~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to extend a contract. 3. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of. Southold hereby extends their contract with Charles E. Graves for negotiating the Contract with the Civil Service Employees Association, Inc., Southoid Town Unit for 1985-87, for additional services during 1985, in the amount of $2,500.00, and be it further RESOLVED tha tthe Town Board hereby allocates an amount, not to exceed $2,500.00, for Charles E. Graves to finalize the salary inequities for certain employees in the 1985-87 Civil Service Contract. 3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is the assigning of emergency vehicles. 4. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby declares that the vehicles assi~]ned to the following public officers, for use 24 hours a day, be and hereby are designated for response to emergency calls within the Town of Southold: Chief of Police, Police Lieutenant, Superintendent of Highways, Deputy Superintendent of Highways, 3 Highway Department Foremen, Sanitation Supervisor. 4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare. Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to advertise for bids for a sewer project. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for trenching and excavation, sewer line installation and related structures, water main reroutincl, and pavement repair at Seventh Street, Greenport, to be known as the "7th Street Sewer Installation", using Community Development Year 11 funds for same. COUNCILMAN SCHONDEBARE: This, I believe, came as a result of the one with Merle Wiggin, the meeting and all, they worked on it? SUPERVISOR MURPHY: This has been changed, and we have to rebid it. 5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to appoint members to the Veteran's Affairs Council. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the follow- ing individuals to the council on Veteran's Affairs for the Town of Southold for the period January 1, 1986 thrOugh December 31, 1986; they to serve in said positions without compensation: John A. Harris, Southold Town Post No. 9205, Veterans of Foreign Wars of the United States. Manuel M. Cabral, Griswold-Terry-Glover Post No. 803, American Legion, Southold. Donald Edwards, Alfred R. Grebe Post No. 1945, American Legion, Fishers Island. SUPERVISOR MURPHY: Okay, just on this, Paul would like to mention that the three other veteran's posts in the Town, the Catholic War Veterans, St. Agnes Post No. 730, Greenport, Burton Potter Post No. 185, American Legion, Greenport, and Raymond Cleaves Post No. 861, American Legion, Mattituck, have not put their designess up yet. As soon as they do we will appoint them. 6.-Vote. of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 7m SUPERVISOR MURPHY: Number 7 is to approve a change order on the sewage treat- ment planl~. Moved by ICouncilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of SoUthold hereby apProves Change Order No.l 3, as recommended by Holzmacher, McLendon & Murrell; P.C., for the performance of extra work by Ferran Concrete under Contract No. 1: General Constructi~on and Mechanical Work, Southold Scaven~]er Waste Treatment Facility; I ' tota net ~ost of Change Order No. 3 is $10,055.01, to be drawn from the 5% contingenGe fund allocated for this project. COUNCILMAN SCHONDEBARE: Wasn't this the same cement company we had problems with, Frank, getting tl~em back on the job? SUPERVISOR MURPHY: No, no. This is the G.C. / COUNCIL/~AN SCHONDEBARE: We had to send them a letter to get them out there. SUPERVISOR MURPHY: No, no. It was to finish the job on time. He went past his contract time. COUNCILMAN SCHONDEBARE: He did the same thing in Riverhead and he did the same thing with one of the other towns. SUPERVISOR MURPHY: Minor, minor. It was caused mostly by mechanical deliveries and delays. On the whole he did a decent job and he is being penalized--a penalty-- for the additional .... COUNCILMAN SCHONDEBARE: That was my question. order here--are we getting money back on the other? SUPERVISOR MURPHY: It's all set. I'm going to give him a change COUNCILMAN SCHONDEI3ARE: Okay. 7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murp~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to authorize an agreement between Southold and Greenport Housing Alliance. 8o Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town 13oard of the Town of Southold hereby authorizes Super- visor Francis J. Murphy to submit a joint application (Town of Southold and Greenport Housinq Alliance, Inc.) to the New York State Affordable Housing Corporation, under their Affordable Home Ownership Development Program, in the amount of $60,000.00 (4 units of housing at $15,000.00 each). SUPERVISOR MURPHY: On this, what this is is a grant and we hope to bring it in for the four properties that we bought on the County Tax Sale to make a home and a lot really affordable to four young families in Southold. COUNCILMAN SCHONDEBARE: How does it look, Jim, to get this? COMMUNITY DEVELOPMENT ADMINISTRATOR McMAHON: I think good. COUNCILMAN TOWNSEND: lslip just got a grant of some much larger number I noticed in the paper. COUNCILMAN STOUTENBURGH: I was wondering why only four? COUNCILWOMAN COCHRAN: How do we determine only four units? That was the question I had. COMMUNITY DEVELOPMENT ADMINISTRATORMcMAHON: Those are units that either the Town or the Greenport Housing Alliance .... COUNCILWOMAN COCHRAN: I mean the amount, $60,000.00. Why didn't we apply for more? COMMUNITY DEVELOPMENT ADMINISTRATOR McMAHON: Four times fifteen. COUNCILWOMAN COCHRAN: Is that all we're able to apply for? COMMUNITY DEVELOPMENT ADMINISTRATOR McMAHON: Yes. SUPERVISOR MURPHY: As we develop more lots. COUNCILMAN STOUTENBURGH: In other words, you must have a project? COMMUNITY DEVELOPMENT ADMINISTRATOR McMAHON: Yes. COUNCILMAN STOUTENBURGH: Oh, okay. So we only have four. So we should be buying more land maybe. SUPERVISOR MURPHY: Any other questions? (No response.) SUPERVISOR MURPHY: Number 9 is a transfer of Fishers Island Ferry District funds. 9. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfers within the Fishers Island Ferry District 1985 Budget: 8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. DECEMBER 27, 1985 231 From: Into: 9.-Vote of the Town Board: Airport Attorney Fees Theatre Total: Insurance Hospitalization Total: Ayes: ~$1:5,000.00 100.00 2,000.00 $17,100.00 SI7,000.00 100.00 $17,100.00 Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 we're 9oin9 to have to hold until I talk to Phil Knauff (increases in pay for Fishers Island Ferry District employees). Number 11 we can act on. The appointment of some personnel for the Fishers Island Ferry District. COUNCILMAN SCHONDERARE: SUPERVISOR MURPHY: TOWN CLERK TERRY: SUPERVISOR MURPHY: Why are we holding 107 We have to have a ruling from Civil Service. They're covered by the contract. Yes. 11. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the appointment of Christoper L. Ewing as a full-time Deckhand for the Fishers Island Ferry District, at a salary of $5.35 per hour; and the appointment of Robert P. Davis as a part-time Deckhand for the Fishers Island Ferry District, at a salary of $5.09 per hour. COUNCILMAN STOUTENBURGH: Where do these people live, Ray? JUSTICE EDWARDS: They're ali New Londoners. There's only two people that work for the Ferry District that live on the Island. COUNCILWOMAN COCHRAN: No housing. JUSTICE EDWARDS: No housing. They have the housing--- SUPERVISOR MURPHY: The housing is there, but no bodies. COUNCILWOMAN COCHRAN: I mean year-around housing. JUSTICE EDWARDS: They have year-around housing. COUNCILWOMAN COCHRAN: Available to people? JUSTICE EDWARDS: Sure they do. COUNCILWOMAN COCHRAN: Why don't they rent it? JUSTICE EDWARDS: They just bought one. What $80,000? Cape. Sitting there rotting. COUNCILWOMAN COCHRAN: Sitting there empty. Four bedroom brick SUPERVISOR MURPHY: Any other questions? (No response.) 11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 12. (a) SUPERVISOR MURPHY: Resolution No. 12 is one that I don't like to see, but to accept a resignation of a member of the Water Advisory Committee. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Martin Trent, member of the Water Advisory Committee, effective immediately, and be it further RESOLVED that the Town Board extend their sincere thanks and appreciation to Mr. Trent for the time and effort he has given as a member of the Water Advisory Committee for the past two years. SUPERVISOR MURPHY: I might comment, Martin's been a member of this Committee since it was formed and been a very effective and very good member. He felt he did not want to serve any longer. He has promised to assist the Water Advisory Committee, just with his experience and with his job classification--he also works 232 12. (a) DECEMBER 27, 1985 for the Department of Health, and has been a great asset. In particular for the implementation of this new filters testing program that is going on in Town, to test the various types. I believe we have 20, Jim? COMMUNITY DEVELOPMENT ADMINISTRATOR McMAHON: Probably more than 20. SUPERVISOR MURPHY: Different brands, I believe, of l~ilters to remove different chemicals or salts or whatever, nitrates, from the various water. See how effective they are, see how the people accept them. He was most instrumental in getting this thing going and he has promised to help and I have sent him a letter also. -Vote of the Town Board: Ayes: COUNCILWOMAN COCHRAN: Since it's his decision, yes. COUNCILMAN SCHONDEBARE: Yes. COUNCILMAN STOUTENBURGH: With regrets, yes. JUSTICE EDWARDS: Yes, with regrets. COUNCILMAN TOWNSEND: Yes. SUPERVISOR MURPHY: Yes. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: to fill the vacancy? TOWN CLERK TERRY: SUPERVISOR MURPHY: Do you want to have a resolution to advertise for resumes Do they want to fill that spot where they're so far along? I should think so. 12. (b) Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs' the Town Clerk to advertise for resumes for one (1) member of the Southold. Town Water Advisory Committee, term to expire July 3, 1989, no compensation for this position. JUSTICE EDWARDS: Somehow we should send him a letter thanking him. TOWN CLERK TERRY: I will. I also will give him a transcript of the comments that were made at this meeting. 12.-Vote of the Town Board: Ayes: (b) Councilman Stoutenburgh, Justice This resolution was declared duly Councilwoman Cochran, Councilman Schondebare, Edwards, Councilman Townsend, Supervisor Murphy. ADOPTED. SUPERVISOR MURPHY: Number 13 is to rehire Julia E. King. 13. Moved by Councilman Townsend, seconded by Justice Edwards, WHEREAS, on November 15, 1985 Julia E. King, Clerk to the Board of Assessors, offered her resignation from that position and stated her intention to retire on December 31, 1985, and WHEREAS, on December 23, 1985 Mrs. Kin9 withdrew her resignation and impending retirement, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts Mrs. Kinq's withdrawal of her resignation and retirement from her position of Clerk to the Board of Assessors, and accepts her decision to return to that position on January 1, 1986. 13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice'Edwards, Councilman Townsend, Supervisor Murp~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to amend Resolution No. 13 which was adopted-~J''' on December 17, 1985 relative to the East-West Fire Protection District. 14. Moved by Supervisor Murphy, seconded by Councilwoman Cochran; it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 13, adopted on December 17, 1985, scheduling a public hearinq for the purpose of considering a proposed contract with the Village of Greenport, Suffolk County, New York, for fire protection and emergency services to be furnished by said Village to the ~Fire Protection District established in said Town and known as "East-West Greenport Fire Protection District, Town of Southold, New York, to read: 3:30 P.M., Tuesday, January 21, 1986. 14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 15. DECEMBER 27, 1985 233 SUPERVISOR MURPHY: Number 15 isa' ~i~'n:ificant determination on the Draft Environmental Impact Statement on the Wetland's Application of Matt-A-Mar Marina. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, WHEREAS, Matt-A-Mar Marina has heretofore filed an application with the Town Clerk, pursuant to Chapter 97 of the Code of the Town of Southold, for a Wetlands Permit on certain property along the north shore of Peter's Creek, a tributary of Mattituck Creek, and WHEREAS, pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Tow Cede, the Town Board, as lead agency, determined that the action proposed is a Type I action and is likely to have a significant effect on the environment, and WHEREAS, the Town Clerk did file and circulate such determination as required by the aforementioned law, rules and code, and WHEREAS, Matt-A-Mar Marina did, upon request of the Town Board, cause to be prepared and filed a Draft Environmental Impact Statement, all in accordance with said law, rules and code, and WHEREAS, the Town Beard of the Town of Southold held a public hearing on the Draft Environmental Impact Statement submitted by Matt-A-Mar Marina at the Southold Town Hall on December 3, 1985, at which time all interested persons were given an opportunity to speak, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby determine that the action proposed is likely to have a significant effect on the environment, and be it further RESOLVED that the Town Clerk immediately notify the applicant, Matt-A-Mar Marina, of this determination, and further request said applicant to prepare a Final Environ- mental Impact Statement, all in accordance with said law, rules and code, within sixty (60) days from the date of this resolution, addressing the following concerns of the Town Board: 1. How does the applicant prevent loss of productivity of the eco-system shadowed by the four hundred and fifty foot of four foot dock? 2. How does the applicant prevent excess of light from the dock at night-time from interfering with wildlife feeding? 3. Many of the dinghies will have motors on them, and how does the applicant propose to prevent the disturbance of a shallow bottom in the four hundred and fifty foot length of dock? 4. Referring to the above (item 4) how does the applicant propose to prevent pollution from the motors on the dinghies that will use the dock, since the proposed location is at the end of the creek? 15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is a Home Rule Message in support of an incubator project for high biotechnology at the State University of New York at Stony Brook, in support with Brookhaven Town. 16. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby registers their support for Home Rule Message of the Brookhaven Town Board entitled', "In support of an incubator project for high biotechnology at the State University at Stony Brook", and hereby directs the Town Clerk to send a copy of this supporting resolution to Governor Marlo M. Cuomo, State Majority Leader Warren Anderson, Assemblymen Behan, Bianchi, Rappleyea, Fink, Gaffney, Sawicki, Barraga, Senators LaValle, Orenstein, Lack, the Supervisor of Brookhaven Town, and all other Suffolk County Town Supervisors. The Brookhaven Home Rule Message reads as follows: "WHEREAS, the attraction and encouragement of high technology industry are primary goals of Brookhaven Town's economic development program, in order to provide jobs and strengthen and diversify the tax base with high-value industry suited to our sensitive environment, and WHEREAS, the State Universit~ of New York at Stony Brook is participating in a planning effort to create a biotechnology "incubator" facility that would foster the growth of new companies and attract research and development activities to the Town, and WHEREAS, the Stony Brook "incubator" wilt provide a new means to promote the high technology development that is central to the Town's long-term economic development strategy; and WHEREAS, such an incubator facility could take advantage of the Town's un- surpassed research resources at Stony Brook and Brookhaven National Laboratory to compete nationally in this field; and WHEREAS, other parts of New York State have received commitments of State support for incubator facilities, NOW, THEREFORE, BE IT RESOLVED that the Town of Brookhaven strongly endorses the University's effort to build an incubator in the Stony Brook area, and be it further 234 DECEMBER 27, 1985 RESOLVED that the Town urges our State representatives and other officials to seek support and press for the early completion of this very important facility." SUPERVISOR MURPHY: Any questions on it7 (No response.) 16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 17. SUPERVISOR MURPHY: Number 17 will be the land acquisition fund proposed legislation to be sent to our local Assemblyman and State Senator for inclusion in the 1986 agenda of the New York State Legislature. Moved by Councilman Townsend, seconded by Supervisor Murphy,~'~i~ll WHEREAS, this Town may request the State Legislature to pass a special law relatin to its property, affairs of government, which law, by its terms, applies only to the Town of Southold, and WHEREAS, the Town Board desires the introduction and enactment of a special law entitled, "AN ACT authorizin9 the Town of Southold, County of Suffolk, to establish a land acquisition fgund and also ,authorizin9 said Town 'to impose a real property transfer tax with revenues from said tax to be deposited in the ,land acquisition fund," a copy of which is annexed hereto and: made a part of this resolution, and WHEREAS, a need exists for the passage of said legislation because the Town cannot enact such legislation by local law, and WHEREAS, the Town Boards of the Town of East Hampton and Town of Southampton have also requested the passage of similar legislation for their Townships, now, therefore, be it RESOLVED that the Town Board requests the introduction and enactment of said special law, and be it further RESOLVED that the Town Clerk is hereby directed to forward a copy of this resolution to the Town's State Legislators, as follows: AN ACT to amend the tax law in relation to authorizing towns to impose a real estate transfer tax with said revenues to be deposited in a land acquisition fund for the purpose of acquiring, administering, and managing rights or interests in real property for open space and park purposes; and the town law in relation to authorizing the estab- lishment of land acquisition funds by towns. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. LEGISLATIVE FINDINGS AND INTENT The legislature finds that the protection and preservation of oepn space and significant natural areas, and the provision of park and recreation opportunities, are public purposes that greatly concern the people of the state. It is further found that techniques such as the creation of land acquisition funds, permit local governments to carry out such purposes. Therefore, this act is intended to enable towns to protect and preserve open space, natural areas, and provide park and recreation opportunities through a land acquisition fund, financed by a tax levied on the transfer of real property within the towns. Section 2. The tax law is hereby amended by adding a new Article 29-A to read as follows: Article 29-A TAXES AUTHORIZED FOR TOWNS Section 1275 DEFINITIONS As used in this Article, the following words and terms shall have the following meaning: (a) "person" means an individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or repre- sentative capacity whether appointed by a court or otherwise, any combination of individuals, any other form of unincorporated enterprise owned or conducted by two or more persons. (b) "Deed" means any document, instrument, or writing (other than a'will) regardless of where made, executed or delivered, whereby any real property or interest therein is created, vested, granted, bargained, sold, transferred, assigned or otherwise conveyed. (c) "Real property or interest therein" means every estate or right, legal or equitable, present or future, vested or contingent, in lands, tenements or hereditaments, which are located in whole or in DECEMBER 27, 1985 part within the town. It shall nOt.inclu,de a mortgage or a leasehold for a stated terms of years or par~ ~f!~:~'~r except where the term of said leasehold and any options for renewal exceed forty nine years. it shall not include rights to sepulture. (d) "Consideration" means the price actually paid or required to be paid for the real property or interest therein, whether or not expressed in the deed and whether paid or required to be paid by money, property, or any other thing of value. It shall include the cancellation or discharge of an indebtedness or obligation. It shall also include the amount of any mortgage lien or other encumbrance, whether or not the underlying-indebtedness is assumed. (e) "Fund" means a town land acquisition fund created pursuant to Section 64 2-b of the Town Law. (f) "Grantor" means the person makin9, executing or deliver- ing the deed. (g) "Grantee" means the person accepting the deed or who obtains any of the real property which is the subject of the deed or any interest therein. (h) "Recording Officer" means the County Clerk of the County. Section 1276 (i) "Town" shall mean any town in the State of New York. TAX AUTHORIZED Notwithstanding any other provisions of law to the contrary, but subject to the limitations enumerated in this act, towns acting through their town boards, are hereby authorized and empowered to adopt and amend local laws imposing a tax on each deed at the time it is delivered by a grantor to a grantee at the rate not to exceed two percent of the consideration or value of the real property or interest therein conveyed. A graduated rate of tax providing for an increased rate of tax for increased consideration may be enacted in said local law, however, in no case shall the highest rate exceed two percent. Section 1277. ADMINISTRATION OF TAX (a) The tax authorized by this act shall be administered and collected in such a manner as may be provided by local law with such amendments in respect to administration and collection as may be enacted. (b) Nothing herein shall limit the authority of a town to enter into cooperative agreements for the collection of the tax imposed by this Article with any person designated as an agent for the collection of the state real estate transfer tax pursuant to section fourteen hundred seven of this law. (c) A recording officer shall not record a deed unless the real estate transfer tax provided for in Section 1276 shall have been pa id; Section 1278. PAYMENT OF TAX (a) The real estate transfer tax shall be paid by the grantee. (b) For the purpose of the proper administration of this Article and to prevent evasion of the tax hereby imposed, it shall be presumed that all deeds are taxable, where the consideration includes property other than money, it shall be presumed that the consideration is the value of the real property or interest therein. These presumptions shall prevail until the contrary is proven, and the burden of proving the contrary shall be on the grantee. Section 1279. EXEMPTIONS (a) The following shall be exempt from payment of the real estate transfer tax: 1. The state of New York, or any of its agencies, instrumen- talities, political subdivisions, or public corporations (including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada). 235 2. The United Nations, the United States of America and any of its agencies and instrumentalities. The exemption of such governmental bodies or persons shall not, however, relieve a grantee from them of liability for the tax. (b) The tax shall not apply to any of the following deeds: 1. Deeds conveying property of the United Nations, the United States of America, the state of New York, or any of 'their instru- mentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada); 2. Deeds which are or were used to secure a debt or other obligation; 3. Deeds which, without additional consideration, confirm, correct, modify or supplement a deed previously recorded; 4. Deeds or conveyances or real property without considera- tion and otherwise than in connection with a sale, including deeds conveying realty as bona fide gifts; Deeds given in connection with a tax sale; 6. Deeds given pursuant to mergers, dissolutions or consolida- tions of corporations or transfers by or to subsidiary corporations by a parent corporation for no consideration other than cancellation or surrender of the subsidiary's stocks; 7. Deeds of partition; 8. Deeds given pursuant to the federal bankruptcy act. Section 1280. LOCAL OPTION EXEMPTION A town may, by local law, allow an exemption not in exess of one hundred thousand dollars on the consideration of the conveyance of residential real property or interest therein. Different rates of exemption may be provided for improved and unimproved residential real property. Section 1281. PENALTIES (a) A town by local law, may provide for enforcement for failure to pay the tax imposed by this article, (b) Any person who wilfully fails to pay the tax authorized by tl~is Article and any person who wilfully violates any provision of this Article, or any local law adopted pursuant to this Article, or who wilfully attempts in any manner to evade or defeat the tax imposed by this article or the payment thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A recording officer shall not be liable under this section for any inaccuracy 7n the amount of tax on the amount of consideration or the value of the interest conveyed as such amounts are provided to him by the person paying the tax. Section 1282. REFUNDS Whenever a town shall determine that any monies received under the provisions of this article where paid in error, it may cause such monies to be refunded, without interest, pursuant to local law, provided an application for such refund is filed with the town within two years from the date the erroneous payment was made. Section 1283. DISPOSITION OF REVENUE All revenues collected by the town pursuant to this article shall be deposited in the land acquisition fund of the town, pursuant to Section 64 ~2-b of the Town Law. The tax authorized by this Article may only be imposed where a land acquisition fund has been created pursuant to Section 64 2-b of the Town Law. Section 1284. MANDATORY REFERENDUM Any local law adopted by a town imposing the tax authorized by this article shall be subiect to a mandatory referendum pursuant to Section 23 of the Municipal Home Rule Law. Section 3. Section 64 of the Town Law is hereby amended by adding a new Subdivision 2-b to read as follows: 2-b. Land acquisition fund: May establish a land acquisi'tion fund for the purpose of acquiring, managing and administering rights or interests in real property for open space or park purposes. Deposits into the fund shall include revenues of the Town from whatever source including those from a tax imposed upon the transfer of real property interests in the Town pursuant to Article 29-A of the Tax Law. Nothing contained in this subdivision shall be construed to prevent the financing in whole or in part, pursuant to the Local Finance Law, of any acquisition authorized pursuant to this subdivision. Monies from the fund may be utilized to repay any indebtedness or obligations incurred pursuant to the Local Finance Law. An advisory committee shall be established by the town board to review and report to the town on any proposed acquisi- tion. Section 4. SEVERABILITY if any provision of this a~ct or the application thereof shall for any reason be adjudged by any court of competent jurisdiction to be invalidw such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the provision thereof directly involved in the controversy in which iudgment shall have been rendered. Section 5. EFFECTIVE DATE This act shall take effect immediately. COUNCILMAN TOWNSEND: It's an act to amend the tax law in relation to authorizing towns to impose a real estate transfer tax, with said revenues to be deposited in a land acquisition fund for the purposes of acquiring, administering and managing rights or interest in real property for open space and park purposes. COUNCILMAN STOUTENBURGH: Very significant move, if we ever get it. COUNCILMAN SCHONDEBARE: I went over it and I can't--I think you've cleaned it up tremendously from the last one y~u submitted last year, which allowed for bonding and also moneys for the affordable housing, which got thrown into that previous one. However, I still don't like it. A tax by any other name is still a tax. The proposal is good in the sense that preservation of the open space--that's laudable, but it's still'a tax on people, and likewise included in that resolution is another paragraph in there that says that the moneys in the fund can be used for any purposes allowed by the Local FinancE~ Law, and if you look at the Local Finance Law an be taken out of that fund and used for general that means that money, I'm :afraid, c town purposes, outside of what you SUPERVISOR MURPHY: Any other COUNCILMAN STOUTENBURGH: Th, a public referendum before it was er COUNCILMAN SCHONDEBARE: As COUNCILMAN STOUTENBURGH: S¢ on this and not us. We're merely pi SUPERVISOR MURPHY; Asking for CouNCILMAN STOUTENBURGH: Ok on it. All right. SUPERVISOR MURPHY: Any other JUSTICE EDWARDS: My only comm< on the Island. · COUNCILWOMAN ~OCHRAN: ThatIs COUNCILMAN SCHONDEBARE: How COUNCILMAN TOWNSEND: Well, we SUPERVISOR MURPHY: anticipate. So I'll have to vote "no". uestions on it? is it true that this would have to go up for acted as a local law? read it, yes. therefore, the people would be actually acting · esenting it, is that the way it is? the authority to levy the tax. ay. So the people will be saying "yes" or "no" Uestions? ~t is: as long as our Fishers Island taxes stay interesting. do you figure that one out? could do it. We could amend it. That's on t~e local law, not in the enabling legislation. DECEMBER 27, 1985 238' COUNCILMAN TOWNSEND: Could be a matter Of policy too. COUNCILMAN SCHONDEBARE: Bob, can you do that? How do you do that? It's the general fund. COUNCILMAN TOWNSEND: As a matter of policy you could designate it. SUPERVISOR MURPHY: Any other questions or concerns? (No response.) 17.-Vote of the Town Board: Justice Edwards, Councilman Townsend, Supervisor Murphy. Schondebare. This resolution was declared duly ADOPTED. Ayes: Councilwoman Cochran, Councilman Stoutenburgh, No: Councilman SUPERVISOR MURPHY: Number 18 is to authorize the emergency repairs of a Hg0E Ehrbar payloader. Amended January 7, 1986 Resolution #4 18. Moved by Superwsor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby declares that an emergency exists in the need to immediately repair the Hg0E payloader transmission for the Southold Town Department of Public Works, and hereby authorizes said repair at a cost not to exceed $13,000.00. 18.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, at this time I think--we're going to recess until after the public hearing (John Tuthill scenic easement), so to allow anyone--if any Town Board members would like to make any comments? Jay? (Nothing.) Joe? COUNCILMAN TOWNSEND: I'd like to thank the Town Board and more properly the people of the Town for allowing me for the last four years to serve in this capacity. It's a--you know, you hear a lot of negative things about being in public office, but one of the things you don't realize is that it's a tremendous opportunity, and an education. I can't think of any other job where you get such a complete and working knowledge of finance, environmental science, law, human nature, or more properly crowd control. It's something that goes further than that, because you also get an F-~ understanding of yourself and have an opportunity to grow and learn how to acc0mF public goals. It's something that give up reluctantly, although certain y knew vi ~t the possibilities are in any kind of political job. I just wanted to thank everybody working with me and their cooperation and hope 1'11 be seeing them from time to time in the future. No doubt I will. That's all I have. SUPERVISOR MURPHY: Thank you, Joseph. Paul? COUNCILMAN STOUTENBURGH: I'm sorry to see you go, Joe. I think you've been a great asset. COUNCILMAN TOWNSEND: Thank you, Paul. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Just to wish everyone a safe and healthy and happy 1986. SUPERVISOR MURPHY: Ray? JUSTICE EDWARDS: I'm just going to say that I'm going to miss Joe very much. Hope we can keep in contact and I'm going to try and do it. We certainly enjoyed working with you, Joe. Thank you. COUNCILMAN TOWNSEND: Thanks, Ray. I"~ SUPERVISOR MURPHY: Okay. My comments also, Joe. I think you did a very goo~.~~ J job, and thank you. It was a pleasure working with you. COUNCILMAN TOWNSEND: Good luck to everyone during the next two years, or four years for those who got elected. SUPERVISOR MURPHY: And again also I would like to extend my wishes to everybody in the Town for a very healthy, happy and prosperous New Year. At this time I'd like to ask anyone in the audience if they have any comments? Yes, Ruth? MRS. RUTH OLIVA: I would just like to wish Joe well, and success and prosperity in the years to come and to also extend our thanks to him for his availability at all times. We've enjoyed working for him, and a very happy New Year to all of you. Thank you very much. COUNCILMAN TOWNSEND: Thank you, Ru~.' The feeling's mutual. SUPERVISOR MURPHY; Thank you, Ruth. Anyone else? Yes? MARGARET SKABRY, Henrys Lane, Peconic: I said at the last Board meeting--I had asked if we could have a breakdown of the contracts as to where the problems would be if the Town tried to get out of the airport study, and where the problems wouldn't be if we tried to get out of the airport study, and 1 was told that there was a letter that might cover what I was asking for, and I haven't gotten a copy of the letter yet either, but I did find--I went back over the article in the paper that I had read stating that if we do hesitate at this time we may have a problem. That's what I was referring to. That information was put out to the public, but none of the information as to the Town being the lead agency and what rights we do have under these contracts to bring it to the public and stop it at this time, and I had asked if Mr. Tasker would be able to go through the contracts and not just find why we can't stop itt but why we could, and make it public before a public meeting was held so the people wouldn't feel as if it's a no-win situation. Has anybody figured out if Mr. Tasker would be able to do that for us? TOWN ATTORNEY TASKER: I think I indicated at the last meeting that I thoroughly addressed the whole issue in the letter that I had written to Councilman Schondebare several months ago, and I think it's in the letter. COUNCILMAN SCHONDEBARE: i know. Mrs. Skabry stopped by and asked for a copy of the letter and I went through my airport file and I found my letter to you back in January asking your views on it, but I don't have in my file your letter. TOWN ATTORNEY TASKER: Are you saying you didn't ever get one? COUNCILMAN SCHONDEB^RE: No, I said I don't have it in my file--your letter. That was very precise and specific. Now, if you would provide us with a copy of it, I'd be happy to have one and Mrs. Skabry would be happy to have one also. TOWN ATTORNEY TASKER: Okay. MRS. SKABRY: Frankly, Mrs. Skabry would be much happier having the exact pieces of the contract that state why we can or why we can not stop this. I do have copies of the contract. I am not a lawyer. I'm asking that being that our Town lawyer is able to make statements that--- TOWN ATTORNEY TASKER: I would like to make one statement of caution. If it comes down to a question of whether or not we have to continue under the terms of the contract, or whether or not we do not have to, I do not subscribe to the idea of making all of my thoughts public to telegraph the opponents as to what our position is, and I would seriously suggest to this Town Board that you don't ask me to lay out for the FAA and the DOT the shortcomings of the contract and how we can get out of their contract, or how they can get out of it, or anything else. I do not think that this is a proper topic for public consumption. MRS. SKABRY: I would like to reiterate. I agree with you. I don't think it was correct to state that if we do certain things, in the paper, that we may have a problem. TOWN ATTORNEY TASKER: I don't think that this Board officially had anything to do with that. That was purely a newspaper item. MRS. SKABRY: Well, that's all we've got. That's all the general public has gotten. What I'm asking for is fact. Pro and con. The Board posts the public meetings so the people will know--have we lost already or do we still have a chance to control our Town? That's all I'm asking for. Is it possible for this Board to do that for the people of this Town? SUPERVISOR MURPHY: I think the Town Attorney answered your question. MRS. SKABRY: It's not possible for our Town to be told how it can protect itself, only that we have to be--- TOWN ATTORNEY TASKER: Basically speaking, the Town Attorney advises the officials of the Town, not the public, and I don't subscribe to the idea of when you have a potential legal question, to telegraph your viewpoints to the persons against whom you may or may not take action, and I don't think that that's their proper approach of using,a Town Attorney. SUPERVISOR MURPHY: Do you have any other comments? MRS. SKABRY: It's not the properties of the papers, eithers, and this is exactly the problem we--- TOWN ATTORNEY TASKER: I never talked to the papers. MRS. SKABRY: It's a problem that we having also is we keep being told to go to our Town liaison. Well, every time we do another little letter comes back with just those little problems that you were having that we tried to bring to the attention of our Board--mysteriously manipulated. I was just wondering if it might be possible for our Town to do something for us, but I realize it isn't, and l'r~ really sorry, and have a happy New Year, and Mr. Townsend, I want to reassure you Santa did' land in usual way, safely, and it wasn't at Mattituck Airport or Southold Town. Thank you. SUPERVISOR MURPHY: Is there anyone else would like to make any comments? (No response.) If not, I'd like to entertain a motion to recess until after we have our public hearing. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that this Town Board meeting be and hereby is recessed at 3:05 P.M., to reconvene following a public hearing on the proposed scenic easement of John Tuthill. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. During the Recess the Town Board reviewed four bid proposals: 2 - 12 passenger vans, sedan car, 5 passenger van. 3:30 P.M. - Public Hearing on proposed 9rant of Scenic Easement by John B. Tuthill. 3:35 P.M. - Regular Town Board Meeting reconvened. SUPERVISOR MURPHY: We will now reopen our Regular Town Board Meeting. I'd like to entertain several resolutions. The first one, if the Town Board has no objection to, would you like to grant this Scenic Easement? (No objection.) Joe, would you like to read it? 19. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, WHEREAS, John B. Tuthill has heretofore submitted to this Board a proposed agree?-~L~- wherein the said John B. Tuthill proposes to grant to the Town of Southold a?Sceni~ ~i and Conservation Easement on propert owned by him and located at Orient, N'ew ¥o~i. ii3n WHEREAS, the Town Attorney has approved said agreement, and WHEREAS, a public hearing was held by this Board with respect to the grant of such easement pursuant to Section 247 of the General Municipal Law, and WHEREAS, this Board believes that it is in the public interest to accept a grant of easement as proposed in said agreement. NOW, THEREFORE, BE IT RESOLVED that this Board does hereby accept the grant of a Scenic and Conservation Easement affectinq the real property set forth in the afore- said agreement of John B. Tuthill of the nature, character and extent and subject to the terms and conditions of said agreement, and IT IS FURTHER RESOLVED that the Supervisor be and he hereby is authorized and di, rected to execute said agreement on behalf of the Town of Southold and cause said agreement to be recorded in the Suffolk County Clerk's Office. 19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, resolution No. 20 is to accept a bid for a 12 passenger van for the Nutrition Program. 20. Moved by Councilman~Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Sayville Ford for supplying the Town with one (1) 12 passenger bus for the Southold Town Nutrition Program, at a total price of $13;299.00, all in accordance with the bi specifications. 20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Approxima.tely half of this is being paid for by the Village of Greenport from receipts they received from their Cablevision Contract. Again, it's a showing of the cooperation between the Village and the Town and very nice of them to donate this money, and this will help Vee McKeighan in her Nutrition Program. The van is sadly needed. Number 21 is to purchase a sedan for the use of the Southold Town Hall. 21. Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby acceots the bid of Herbee Motors, Inc., West Islip, New York, for supplying the Town ~vith one (1) 1986 Dodqe Omni, ~ door hatchbaCk, at a to~al price of $7,292.00 ($7,792.00, less rebate if purchase order is received by January 10, 1986). 21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to accept the bid on a 5 passenger mini van for the Southold Town Hall. Rescinded Janury 7, 1986 Resolution #11 22. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby accepts'the bid of Herbee Motors, Inc., West Islip, New York, for suppIyin!l the Town with one (1) 1986 five passenger Voyager mini van, at a total cost of $10,616.00, all in accordance with the bid specifications. 22.-Vote of the TOwn Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number to be used also in the Nutrition be used by the Town. 23 is to accept a bid for another 12 passenger van Program for the picking up of clients, and also to 23. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Herbee Motors, Inc., West Islip, New York, for supplying the Town with one (1) 12 passenger van for the Nutrition Program and Southold Town Hall, at a total cost of $12,476.00, all in accordance with the bid specifications. 23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, that's the end of the prepared and added-on-to agenda. Again ! ask do any members of the Town Board wish to make any additional comments? TOWN ATTORNEY TASKER: You better pass a resolution to encumber the funds from the 1985 budget into the 1986 budget. 24. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby-encumbers $44,183.00 from the 1985 Budget for the purchase of one (1) 12 passencjer bus at a cost of $13,200.00; one (1) 1986 sedan car at a cost of $7,792.00; one (1) five~passenger mini van at a cost of $10,616.00; and one (1) 12 passenqer van at a cost of $12,476.00. 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, again is there any Town Board member like to make any additional comments? (No response.) Anyone in the audience? David? MR. DAVID SPOHN: Mr. Supervisor,members of the Town Board, I didn't do it before and I'd like to wish you a very happy, prosperous and healthy New Year to all of you. SUPERVISOR MURPHY: Thank you. I would like to publicly thank you, Dave, for your help over the past year in town government, flying various people around. It's a very nice service you've done. If there is nothing further--- COUNCILMAN TOWNSEND: May I offer the very last resolution? To adjourn the meetinc Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 3:45 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. , , , .~'/ ...~".-~' ~-~ ~. ~ ._ · ~'JbdTth T. Terry, Sout~d Town Clerl