HomeMy WebLinkAboutTB-02/28 & 02/29/198429
SOUTHOLD TOWN'BOARD
February 28, 1984
&
February 29, 1984
WORK SESSION - February 28, 1984
Present:
Abs'ent.~
Supervisor Francis J. Murphy
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Councilman Joseph L. Townsend, Jr. (wacation)
Justice Raymond W. Edwards (weather prohibited transportation
from Fishers Island)
10:25 A.M. - Mr. David Spohn conducted a siide presentation showing aerial
photographs of Fishers Island airport. He then presented slides of the entire
coastline of Southold Town, including Fishers Island.
11:30 A.M. - The Board discussed the following Off-Agenda items: (1) Letter
from Islip Town Supervisor Michael A. LoGrande relative to the Town offs
intention to litigate recent enacted "land burial" statute, which mandates the
implementation of resource recovery throughout Nassau and Suffolk Counties by
:1990. Councilman Stoutenburgh would like further information, whereas Council-
man Schondebare felt the Town should join'with Islip since perhaps in 1'990 the
Town of Southold would be without a viable solution to the problem. He will
make inquiries into this through the Town of Islip and the DEC. (2) The Board
reviewed three possible Local Laws relative to penalties for violations of the Zoning
Code. They all agreed that the fine for a first conviction should be up to five
hundred dollars, and forla second and subsequent conviction within eighteen
mights should be punishable by a fine not exceeding fifteen hundred dollars.
Town Attorney Tasker-will redraft the proposed Local Law and have it 'available
for the public meeting.
12:05. P.M. - Mr. Steve Tsontakis, owner of the Captain Kidd Water Company,
met with the Board to discUss the latest proposal of H2M concerning the Captain
Kidd Water Study. Mr.. Tsontakis stated he has repaired all the leaks in the
system and has asked for a $30.00 surcharge to be billed in April so he can put
the second well on line. He is presently billing 152 customers, and has a max-
imum potential in the area of 300 customers, He has also asked the Village of
Greenport to give him a proposal for operating the Company. SUPervisor Murphy
will ask H2M to provide alternate plans for a proposed water district, and will
begin steps to call for an informational hearing in May when the Captain Kidd
residents are available.
12:30 P.M. - Other Off-Agenda items discussed: (1) Norkus Relief Petition and
Simon Relief Petition. Planning Board Chairman Henry Raynor will be invited
to the Town Board Work Session on March 13th to di,scuss these petitions. (2)
Discussion on whether to h01d a public hearing on the Draft Environmental Impact
Statement of Dalchet, et al. A resolution will be placed on the regular meeting
agenda to hold a hearing on the Draft ElS on April 10th.
1:25 P.M. - Mr. Robert Villa from the Suffolk County Department of Health
Services met with the Board to explain the Health Department's proposed
Article 7. Mr. Villa explained that all of Article 7 is not new, it is really a
recodification of many of the County's existing codes. The proposal received
by the Town is just a first draft and it is being rewritten. Basically it concerns
(1) definition of house boats and house barges, and (2) definition of hazardous
materials under Article 12. Mr. Villa stated the County does not wish to be in
the zoning business, but if land is zoned industrial, the County is saying there
are certain industries which cannot be placed in that zone, and would ask for
covenants on the property, with specific reference to deep recharge and water
budget areas. He stated that a new draft should be available in about two months
and a copy will be sent to the Town.
FEBRUARY 28, & 29, 1984
2:05 P.M. - Mrs. Florence Jurzenia, owner of the Silver' Sands Motel, Greenport,
addressed the Town Board relative to her concerns, and the concerns of others
she has spoken to, with reference to the proposed Master Plan Update. Mrs.
Jurzenia, on this date, filed a petition containing 220 signatures, with the Town
Clerk. The petition states, "We, the undersigned, petition the Town of Southold
to stop the new proposed Master Plan, which we feel is discriminatory and not to
the best interests of Southold Town."
2:15 P.M. - Superintendent of Highways Raymond C. Dean advised the Board that
the Fiat-Allis payloader which was sent to Van Buren Automotive Products shop
for repair as a result of a bid for same, is in need of further extensive repair
to the remainder of the transmission, and will cost an additional $10,947,50, for
which there will be no labor charge. The Board deemed this to be an emergency
and will place a resolution on the regular meeting agenda to authorize the immediate
repair of the Fiat-Allis.
2:40 P.M. - Mr. Walter Krupski, Mr. Richard Wilton, and Mrs. Bobra Wetmore,
of the Southold Town Promotion Committee, met' with the Town Board to request
funding for printing their annual brochure. Mr. Krupski asked that the Board
consider allocating their 1982 level of $3,800.00. They were advised that the
Board would consider their request and place a resolution concerning same on
the regular meeting agenda.
3:00 P.M. - Supervisor Murphy brought before the Board, for discussion, the
urgent need for hiring a professional planner before the implementation of the
Updated Master Plan. He would like to begin scheduling interviews for such a
person, who would then assist in finding and interviewing a Planning Aide.
3:40 P.M. - Community Development Administrator James McMahon met with the
Board to brief them on the Coastal Zone Management's proposed Local Waterfront
Revitalization Program Grant. A resolution authorizing the preparation of such
a grant application will be placed on the regular meeting agenda. -
EXECUTIVE SESSION
4:00 P.M. - The Board discussed the pending Robert J. Douglass litigation,
and personnel matters.
4:30 P.M. - Work Session adjourned.
WEDNESDAy, FEBRUARY 29, 1984
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Wednesday,
February 29, 1984 at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Murphy opened the meeting at 3:00 P.M. with the Pledge of Allegiance
to the Flag.
Present:
Absent:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenl3urgh
Councilman James A. Schondebare
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Councilman Joseph L. Townsend, Jr.
SUPERVISOR MURPHY: ! thank you for being here today. We're twenty-four
hours late caused by the weather. At this time i'd like a resolution calling
for the approval of the minutes of the February 14th Regular Meeting.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the minutes of the February 14, 1984 Regular Meetinq of the
Southold Town Board be and hereby/ are approved.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
FEBRUARY 29, 1984
SUPERVISOR MURPHY: ~ I'd also-like-:,a~ r~SOI;ution approving the minutes of
the February 17th special meeting.
Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the minutes Of the February 17, 1984 Special Meeting of
the Southold Town Board be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And thirdly I'd like a resolution to set the next
meeting date at March 13th at 7:30 P.M.
Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESoLvI~D that the next Regular Meetihg of the Southold Town Board will
be held at 7:30 P.M., Tuesday, March 13, 1984 at the Southold Town Hall,
Main Road, SoUthold, New York.
Vote of the Town Board: Ayes': Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: We move on to the first item in our agenda, Reports.
There are two reports.
I. REPORTS.
1. Town Justice from Fishers Island, Judge Edwards (January 1984).
2.._ Juvenile Aid Bureau (Annual - !983). If anyone is interested, the
report from the Juvenile Aid Bureau is very interesting and very aoc~d. Thev're
doing a fantastic job, I believe. These reports are on file at th~ ~own Clerk"s
Office.
COUNCILMAN STOUTENBURGH: i might add that we're involved in that finger-
printing of children, which I didn't know, which we are doing in the Town here.
SUPERVISOR MURPHY: Any other questions on reports?
move on to Item No. II in'the agenda, Public Notices'.
ii. PUBLIC NOTICES.
(No response.) We'll
SUPERVISOR MURPHY: There are quite a few of them. I'!1 start and we'll pass
it on.
1. From the Corps of Engineers and it's an application of Joseph Duggan,
1051 Van Buren Avenue, Franklin Square, for bulkhead, dredge]' fill and docking
assembly, Dawn Lagoon, and the location is Snug Harbor Road in Greenport,
Suffolk County, New York. Comments by the 13th of March 1984, can be by
mail. This and all public notices' are posted' on the Town Clerk's Bulletin Board.
2. From the Army CoFps of Engineers, and it's concerning the installation
of one 3-pile dolphin to be used for mooring of one sailboat in Orient Harbor, at
15 Harbor Road, Orient, the application of Yan H. Rieger, 15 Harbor Road, Orient.
Comments by 20 days from the date of this letter, which is February 7, 1984.
This again is posted on the Town Clerk's Bulletin Board.
COUNCILMAN SCHONDEBARE: I'll do the next one, Frank. 3. Application by
Michael Carlucci to place ramp and floating dock and replace bulkhead in Conklin's
Point Creek, Shelter Island Sound, Village of Greenport, Southold, New York. Mr.
Carlucci lives in Greenport, New York himself. Again, written comments by March
5, 1984. This is published likewise and posted on the Bulletin Board. (Department
of the Army, Corps of Engineers application.)
4. Notice of Application by the North Fork Property Development, P. O. Box
41, Mattituck, New York, for dredging and docking assemblies, and the waterway
is an unnamed canal off of Deep Hole Creek, Great Peconic Bay. Location would
be Lupton Point Road, Mattituck, Suffolk County, New York. Written comments
must be in by March 15th, 1984. (Notice from the-U. S. Army Corps of Engineers.)
COUNCILMAN STOUTENBURGH: I'll take the next one. 6. An application by
Joan Harris from East Meadow, New York for bulkhead and dredging with upland
disposal in Sterling Basin, to be in by March 15th. Location is Manhasset Avenue,
Greenport. (Notice from the U. S. Army Corps of Engineers.)
7. Proposed General Permit for Certain Hydropower Development Activities,
and it's a very long and involved one, but I don't think we have any hydropower
activities here on the Island. (Notice from the U. S. Army Corps of Engineers.)
JUSTICE EDWARDS: Question. Did we leave out Number 5?
COUNCILMAN SCHONDEBARE: We did, I just pulled it out. When Paul finishes
that one 1'11 go back to 5. It's the Cablevision one.
31
FEBRUARY 29, 1984
COUNCILMAN STOUTENBURGH: Oh, I see, I jumped ahead.
COUNCILMAN SCHONDEBARE: 5. This is a Notice of Intent to Conduct
Audience Survey by the Long Island Cablevision Corporation, and they're going
to do it in our area. The survey will be conducted during two week periods
separated by at least thirty days. I guess they're going to do two weeks' and
then stop for thirty-days and then another two weeks. Between the months of
April and September'. The purpose of the survey is to determine if one or more
television station is significantly viewed in Riverhead and SouthamptOn, West-
hampton, S~uthold, Greenport,~ Quogue, Sag Harbor and the Village of Southampton.
Dated: February 10, 1984.
8. The Suffolk County Department of Health Services is having a meeting
on alcoholism services on March 6th at 7:00 P.M. at the Legislative Hearing Room,
Hauppauge, and on Tuesday, March 13th at 7:00 P.M. at the Legislative Hearin9
Room, Riverhead. So there is going to be one in Hauppauge and one in Riverhead.
The 6th of March in Hauppauge, and the 13th of March in Riverhead. Likewise
that's posted on the Bulletin Board in the back.
JUSTICE EDWARDS: Number 9 is notice from New York State Department of
Environmental Conservation on the complete application of Joseph A. Wanal,
Bergen Avenue, Mattituck, New York, to create a two lot subdivision I~y creating
a 2.74 acre parcel from an existing 110 acre farm. The subdivision is on prop-
erty fronting Long Island Sound approximately 850 feet north of Bergen Avenue
in Mattituck. All comments no later than March 16th, 1984 to Dennis Cole, Bldg.
40, SUNY, Stony Brook, New York.
10. Another Notice of Complete Application by New York 'State Department
of Environmental Conservation by Richard Nass, Wells Avenue, Southold, New
York. It's a Tidal Wetlands Permit to construct a 15 by 15 deck approximately
15 feet from tidal wetlands, with a 4 by 12 catwalk, a 3 by 10 ramp connecting
to two 20 by 6 floating docks. The project is located on the west side of a
canal off Jockey Creek and on the east side of Wells Avenue, Southold. All
comments to New York State Department of Environmental Conservation by March
16, 1984.
11. Also a Complete Application to the New York State Department of
Environmental Conservation from Arthur A. Sowinski, Indian Neck Lane, Peconic,
New York for a Tidal Wetland Permit to construct a 25 by 23 garage approximately
54 feet from ~idal wetlands. Applicant is requesting a 21 foot variance to the
75 foot minimum setback reqirement of the Tidal W~tlands Land Use Regulations.
The project is located on the north side of West Lake Road. Comments to the
DEC by March 16, 1984.
COUNCILMAN STOUTENBURGH: Number 12 is from the Department of Trans-
portation, United States Coast Guard for Reconstruction of Oaklawn Avenue
Bridge across Jockey Creek. This is right down the roacl from us here. All
interested parties are hereby notified that the application has been received
from Suffolk County, New York by the Commander, Third Coast Guard District
for approval of the location and plans for the reconstruction of the Oaklawn
Avenue Bridge. Waterway: Jockey Creek approximately 0.72 miles above the
mouth of the waterway. On the back here, your comments, interested parties
are requested to express their views in writing on the proposed bridge project
giving sufficient detail to establish a clear understanding of their reasons for
support Of or opposition to the proposed work. Comments will be received for
the record at the Office of the Commander, Thircl Coast Guard Districir
Governors Island, through March 23rd, 1984.
SUPERVISOR MURPHY: Thank you. YOu could tell spring is coming with
all of these public notices. We move on to Communications.
Ill. COMMUNICATIONS.
SUPERVISOR MURPHY: The first one is from the Cooperative Extension Service
to all Town Board Members, Planning Board, Zoning Board of Appeals, Building
Inspectors, Town ATtorneys, and Environmentalists w and anybody else. Notice
of a Workshop that they're going to put on Monday, April 2ncl, from 7:30 to
10:00 P.M. in Coop Extension Headquarters, Griffing Avenue, Riverhead, con-
cerning TDR's and Clusterin9. Anyone who's interested in this I feel it's going
to be a very worthwhile workshop.
COUNCILMAN STOUTENBURGH: May I iust make a point here. i would surely
hope that the press does something on this, because an awful lot of people are
confused about these TDR's and this would give the public a chance to really
get in and see what's going on. I think it should De a little effort put on to
exposing it.
SUPERVISOR MURPHY: Thank you. The second one is a letter from an attorney.
This was concerning a problem that the Town Board addressed last year. A
group of people on Wendy Drive in Laurel who their road was up for tax sale,
and actually went for tax sale. It's been resolved, thankfully, and in the right
FEBRUARY 29~ 1984
manner, where these p.eople aren't being
3. From our Assemblyman Joe Sawicki in support of Assembly Bill 4271.
(An Act to amend the vehicle"and traffic law, in relation to the regulation of
traffic on county roads in the county of Suffolk.)
4. Letter from Cablevision to Mr. Geoffrey Proud, Director of Community
Relations, Eastern Long Island Hospital, and it was their answer to the Eastern
Long Island Hospital had a very good program that they were going to air on
the public TV channel and Long Island Cablevision, in their infinite wisdom,
pre-empted them for some garbage that they had and needless to say the hospital,
the doctors, everybody were quite upset. It's another reason why, in negotiating
this new contract, we should m~ke it much stronger.
5. From the Senior Citizens Club of Mattituck concerning a bus trip and
asking for our help and the police department turning the lights on so that they
could pick their cars up and make a call when they come home.
6. On the International Women's Month, The Womens Equal Rights Congress
Committee, and it's concerning a meeting notice and if anyone's interested in
going we do have this you're welcome to read it. (From the Suffolk County
Human Rights Commission.)
7. Suffolk County Activity Director Association is having a conference
on Wednesday, April 4th in the field of aginq and if anyone would like to
attend the information is here in the Town Clerk's Office. (From the Suffolk
County Office for the Aging.)
8. Letter from Steve Hendrickson from the DEC, who's in charge of
shellfish and the permits, thanking the Town for getting the necessary permits
that were necessary through the Corps of Engineers and DEC for our culture,
and he appreciates our. cooperation with him.
9. Notice of Celebration ,of Women's History Week 1984, a program "Windows
on Wise Women" put on by the East End Arts and Humanities Council.
10. From New York Power Authority thanking us for our support and asking
that the people really get out and sign these petitions (on the Marcy-South trans-
mission line.) We have them in Town Hall. If anybody knows of where else to
put them--we've got them to senior, citizen clubs, various service organizations,
and we'd like them back as soon as possible, and as many people to sign them
in support of this. This is one way we're going to be guaranteed of cheaper
electric rate, or at least one that's not going to go sky high.
11. Letter thanking the Town Board for a proclamation of a man's 90th
birthday. He was thrilled (Rud¥ Rom). Again, if anybody has anyone
celebrating a birthday, 90 to 100. years old, anything like this, or anniversary,
50 years or so, a real special event, please let us know. We'd be glad to have
this proclamation and I or one of the Councilmen will personally delived it to
them. The people do appreciate this.
COUNCILMAN SCHONDEBARE: Yes, I got a thank you from the people
presented it to and the proclamations are very very pretty.
SUPERVISOR MURPHY: That's on behalf of the efforts of our Town Clerk
who does that.
COUNCILMAN SCHONDEBARE: She does a good job.
SUPERVISOR MURPHY: We have a public hearing at 3:30. So we'll move on
to Resolutions. The first one is to proclaim the month of March "Nutrition
Month."
Moved by Councilman Schondebare, seconded by Justice Edwards,
WHEREAS, nutrition is the substance of wh. ch life is made and 'by which life
is sustained, and
WHEREAS, there is a need for continuing nutrition education and an effort to
promote family nutrition practices; and
WHEREAS, the month of March has been designated as NATIONAL NUTRITION
TIME throughout the United States of America; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby proclaim
the month of March NUTRITION MONTH in the Town of Southold, and encourages
all citizens to become concerned and informed about nutrition in their daily lives
in the hope of achieving optimum health for both today and tomorrow.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is to appoint a part-time Clerk-Typist.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Helen
K. DeVoe as a part-time Clerk-Typist in the Office of the Building Department,
effective March 1, 1984, at ~4.50 per hour, 20 hours per week.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
FEBRUARY 29, 1984
SUPERVISOR MIJRPHY: Number 3 is a resolution I think we want to file in
the wastepaper basket. It was concerning the refund of filing fee on a Change
of Zone application that was withclrawn. Anyone have any questions on it?
(Mercier- Petition No. 260).
COUNCILMAN SCHONDEBARE: I'd like'to point out that we did a lot of work
before it was withdrawn.
COUNCILMAN STOUTENBURGH: The point is; I was under the impression--
Bob Tasker here?--that we're not allowed to send back any fees once they're
accepted.
COUNCILMAN SCHONDEBARE: Even if we were, I wouldn't send this one back.
COUNCILMAN STOUTENBURGH: All right, but I think legally the reasons is we
cannot.do it because it's against the statute.
TOWN CLERK TERRY: There is no provision for refunds.
SUPERVISOR MURPHY: Number 4 is a transfer of funds.
Moved by Councilman Schondebare,.seconded by Supervisor Murphyt it was
RESOLVED that.the Town Board of the Town of Southold hereby approves the
transfer of the following funds within the General Fund Whole Town 1983 Budget:
From: A1220.1 Supervisor, Personal Services ................ $3, 000.00
A3120.1 Public Safety, Personal Services ............. -$3,200.00
A6772.1 Program/Aging, Personal Services ............ $7,501].00
A6772.4 Program/Aging, Contractual Expense ......... $ 500.00
A7620.4 Adult Recreation, Contractual Expense ....... $ 850.00
A8090.1 Environmental Cons., Personal Services ...... -~1,300.00
A9030.8 Social Security ............................... $2,000.00
A9060.8 Hospitalization ............................... -$ 450.00
$18,800.00
Into: A9010.8 New York State Employees
Retirement System ......................... $18,800.00
1983 Budget transfers needed to provide budgeted needs for estimated $19,000.00
costs for NYS Employees Retirement System, Melville A. Kelsey, Jr.---This money
was encumbered in 1983 Accounts Payable.
Vote of the Town Board: Ayes': Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Moved by Supervisor Murphy, seconded by Councilman Schondebarer it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Dr.
Roger Bancroft to serve as Southold Town Board's representative on the C.A.S.T.
Board of Directors, effective immediately.
SUPERVISOR MURPHY: At this time I have only one name, one voluntee:r. Any-
one else would like to serve as Southold Town Board's representative on the
C.A.S.T. Board of Directors, there is one more opening ihat the Town Board
has to make on this. I would like somebody to volunteer. Anyone knows some-
one in the community who would be interested. There is a meeting tomorrow
night at 7:30 in C.A.S.T. Headquarters in Greenport. I'll notify Roger, and--
but if anyone else, please come down and see what kind of an organization it
is and maybe we'll get another volunteer for the next meeting. Anythiog on
the question ?
COUNCILMAN SCHONDEBARE: Nor I didn't know that he had volunteers.
SUPERVISOR MURPHY: Roger did, yes.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Samuel S. Markel a member of the Southold Town Board of Assessment Review,
for a five year term, effective February 22, 1984 through February 22, 1989.
SUPERVISOR MURPHY: Anyone on the question?
COUNCILMAN STOUTENBURGH: I'd just like to say that this is--Jay and !
both investigated the function of Sam Markel, with the idea of trying to make
sure that our committees are viable, working people, and we got very good
reports back, and this is the reason that we're submitting his name for re-
appointment. We had many people come in and apply for the position, but we
felt that Sam Markel was doing a superior job, as a matter of fact, he acted
as Chairman at one time and this is the reason for chosina him in this case.
FEBRUARY 29, 1984
35
10.
11.
SUPERVISOR MURPHY: I would also like to publicly thank the people that did
take. the time to apply and come in for an interview. They were really superb
candidates, and ! was very impressed, and each one of them said that they
-would--we could hold their resumes for any other future appointments or
committees to serve on. Two of them had quite a bit of experience in computers.
and we asked them if they would be willing to serve and advise computerization--
future computerization of the Town Hall.
Vote of the Town 13oard: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards,- Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 we're going to hold. (Appointment of a
Maintenance Mechanic Ill.) We're not ready to fill this position yet. Number
8 we're going to hold, also, until our next meeting when Councilman Townsend
is here. (Appointment of a Sanitation Supervisor.) Number 9 is to set a
public informational meeting on a proposed West Greenport Sewer District.
Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05
P.M., Tuesday, March 13, 1984, Southold Town Hail, Main Road, Southold,
New York as time and place for a Public Information Meeting on the proposed
establishment of a West Greenport Sewer District.
SUPERVISOR MURPHY: Anyone have any questions on this? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to accept Briarcliff Landscape proposal
for Lawn and Shrub Program.
Moved' by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Briarcliff Landscape Inc. for the spring, summer and fall Lawn
and Shrub Program at the Southold Town Hall, at a total cost of 3726.75 for
the entire program.
COUNCILMAN SCHONDEBARE: That's for $726.75 for the total program to
take care of---
TOWN CLERK TERRY: Spring, summer and fall.
COUNCILMAN STOUTENBURGH: May I ask, does our man have to do anything
on the outside of the building as far as shrubs and things go?
SUPERVISOR MURPHY: We maintain them, he clips them, cleans the leaves.
COUNCILMAN STOUTENI3URGH; That's not part of all this?
SUPERVISOR MURPHY: No. This is fertilizing, that type, Paul. Mostly
fertilizing. It's on the back of your resolution. Fertilize, lime stone, crab
grass control. Any other questions on it?
COUNCILMAN SCHONDEI3ARE: They're also using a fertilizer. You migh't
want to check that out.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is to authorize a bus trip.
Moved by Justice Edwards, seconded by Supervisor Murphy, it was
RESOLVED that the Town 13oard of the Town of Southold hereby authorizes
the Senior Citizens Club of Southold Township, Mattituck Unit, to hire on~
(1) 49 passenger bus, at a cost of $320.00, to transport their group to Radio-,
City Music Hall, New York City, on Tuesday, April 24, 1984, and be it further
RESOLVED that the Club is hereby granted permission to use the parking field
at the Senior/Youth Center, Peconic, on the above date.
SUPERVISOR MURPHY: Anyone on the question? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number t2 is another bus trip.
FEBRUARY 29, 1984
12.
13.
15.
16.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Senior Citizen' Club of Southold Township, Mattituck Unit, to hire two
(2) 49 passenger buses, at a cost of ~640.00, to transport their group to
New York City for a cruise on the Circle Line Sightseeing Yachts, on June
26, 1984, and be it further
I~-~-0-L--~-ED that the Club is hereby granted permission to use the parking field
at the Senior/Youth Center, Peconic, on the above date.
SUPERVISOR MURPHY: Any qdestions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly AL)OPTED.
SUPERVISOR MURPHY: Number 13 is another bus trip.
Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Southold Senior Citizen Club, Inc. to hire one (1) 49 passenger bus, at'
a cost of $250.00, to transport their group to the Long Island Flower Show~
at Farmingdale, New York, on WedneSday, March 7, 1984.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to authorize the Southold Fire Department
and their racing team to use the~ parking field, and Town roads.
Moved by Supervisor Murphy, seconded by Justice Edwardsf it was
RESOLVED that the Town Boarc~ of the Town of Southold hereby authorizes
the Southold Fire Department and Southotd'Fire Department Racing Team to
use the parking field behind the Southold Fire House, as well as the access
roads to the east and west of the fire house, and Main Bayview Road,--~'rly
Pond Lane, and Jockey Creek Drive, for their 14th Annual Old Fashioned Parade
and Drill-on Saturday, July 7, 1984., beginning at 6:00 P.M. (rain date, Sunday,
July.-8, 1984, beginning at 1:00 P.M.).
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwarcls, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is lead agency.
Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Southold Town Board. declares itself lead agency in
regard to the State Environmental Quality Review Act in the matter of the
application of Kimogenor Point Associal~ion for a Wetland Permit on certain
property located at West Creek, Kimogenor Point, New Suffolk, New York.
SUPERVISOR MURPHY: Any questions?' (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this point I'd like to declare a recess.
Moved by Councilman Stoutenburgh, seconded' by Councilman Schondebare, it was
RESOLVED that a recess be called at this timer 3:30 P.M., for the purpose of
holding a public hearing on a proposecl Local Law entitled, "A Local Law in
relation to authorizing the issuance of Appearance Tickets by Buildin9 Inspectors."
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 3:34 P.M.
SUPERVISOR MURPHY: We will reopen the regular Town Board meeting. Moving
on to Resolution No. 16.
Moved' by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Southold Town Board declares itself lead agency in
regard to the State Environmental Quality Review Act in the matter of the
application of Ferucio F~ankola for a Wetland Permit on certain property
located at the south side of Glenn Road, off Goose Creek, Southotd, New York.
17.
18.
SUPERVISOR MURPHY: ~'~Any questions on It? (No resPonse.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is another lead agency.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Southold Town Board declares itself lead agency in regard
to the State Environmental Quality Review Act in the matter of the application
of Enconsultants, Inc., for Mattituck Inlet' Marina, for a Wetland Permit on
certain property located at Mattituck Creek, off Mill Road, Mattituck, New York..
COUNCILMAN S.TOUTENBURGH: I would' like the Town Clerk to send a note to
the Trustees and make sure they check on the material that was dredged from
their properties and deposited in the back for later use. i would think that
they could use this material' as fill material.
SUPERVISOR MURPHY: Any other questions on it? (No response.)
Vote of the Town Board: Ayes': Councilman $chondebare, Councilman
Stoutenburgh, Justice Edwards,' Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number .18 is another lead agency.
Moved' by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Southold Town Board declares' itself 'lead agency in regard
to the State Environmental Quality Review Act in the matter of the application
of Enconsultants, Inc., on behalf of Robert Wilson, for a Wetland Permit on
certain property located at West Creek, off Glenn Road, Southold, New York.
SUPERVISOR MURPHY: Any questions on it? (No response.)
Vote of the Town Board.: Ayes': Councilman $chondebare, Councilman
Stoutenburgh, Justice Edwarcls, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 now is to appoint the Town's representative
to the Suffolk County Solar Energy Commission.
COUNCILMAN STOUTENBURGH: I would like to meet these people.
SUPERVISOR MURPHY; 'Would you want to hold it up and talk to the two?
COUNCILMAN STOUTENBURGH: Yes.
COUNCILMAN SCHONDEBARE: Is there a time period in which to appoint anybody?
SUPERVISOR MURPHY: I think they're bond now, Jay, we don't have anyone
on the Commission now.
COUNCILMAN STOUTENBURGH: Just'these two people I would like to interview.
SUPERVISOR MURPHY: Any objections to holding this up?
COUNCILMAN SCHONDEBARE:
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS: No.
SUPERVISOR
COUNCILMAN
SUPERVISOR
NO.
MURPHY: Okay, we'll table it until the next meeting.
STOUTENBURGH: Okay, in the meantime we'll schedule an interview.
MURPHY: Do you just want to interview yourself, Paul?
COUNCILMAN STOUTENBURGH: If there is anybody else--I just want to meet
them at least. Anybody else want to, I'd be glad to have them sit in.
SUPERVISOR
COUNCILMAN
COUNCILMAN
SUPERVISOR
MURPHY: Check with me, we'll set a date.
SCHONDEBARE: Set a date and let us know.
STOUTENBURGH: i will call, and if you can make it fine.
MURPHY: Number 20 is a public informational meeting.
38
FBERUARY 29~ 1984
20.
21.
Moved by Councilman $chondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold will hold a Public
Information Meeting at the Senior/Youth Center, Peconic, New York, at
7:30 P.M., Wednesday, March 14, 1984, at which time representatives-of
the New York State Commission on Cable Television, and the Long Island
Cablevision Corportion will be present to hear comments on a proposed new
contract which may include possible line extensions, and type of service
des~-~-~- by customers.
SUPERVISOR MURPHY: This came about--Wednesday we wanted to have it,
Southampton is having it on Tuesday, and these people are coming from
California, Boston and Albany and so w,e tried to .schedule it either the day
before or the day after. If'the press would pick this up. It's most important
that anybody who has any gripes or favorable comments on Long Island Cable-
vision's present service, to please come to this meeting and let your feelings
be known. We're in the process of reviewing and coming up with a new contract
for them. Any other questions?
COUNCILMAN STOUTENBURGH: No.
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS: No.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: No.
Vote of the Town Board: Ayes: Councilman Schon~lebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is a public hearing also.
Moved by Councilman Schondel3are, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:.15 P.M.,
Tuesday, March 13, 1984, Southold Town Hall, Main Road, Southold, New York,
as time and place for a public 'hearing on a proposed Local Law, entitled, "A
Local Law to provide for the Acquisition of Development Rights in Agricultural
Lands," which reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
The Code of the Town of Southold is hereby amended by adding a
new Chapter thereto, to be Chapter 25, to read as follows:
Chapter 25
Section 25-10 Title
This Chapter shall be known and may be cited as the
"Agricultural Lands Preservation Law of the Town of Southold."
Section 25-20 Purpose
The Town I~oard of the Town of Southold finds that the
acquisition of development ~rights in lands located in the Town of
Southold and used in bona fide agricultural production will conserve,
protect and encourage the improvement of prime agricultural lands both
for the production of food and the preservation of open space is in the
public interest and a proper public' purpose of the Town in accordance
with the findings and determinations of the New York State
Legislature, as set forth in Section 247 of the Gener~lMunicipal Law.
Section 25-30 Definitions
As used in this Chapter, the terms used herein are defined as
follows:
(a)
(b)
Agricultural lands - shall mean lands used in bonafide
agricultural production.
Agricultural production - shall mean the production for
commercial purposes of crops, livestock and livestock
products, but not land or portions thereof used for
processing or retail merchandising of such crops, livestock
or livestock products. Land used in agricultural production
shall also include fences, equipment storage buildings,
FEBRUARY 29, 1984
(c)
livestock barns, irrigation systems, and any other structures
used exclusively for ~gr~utt~i~a.! purposes.
Alienation - shall mean the transfer of any development right
from the Town of Southold to another.
(d)
(e)
Committee- shall mean
Committee.
the Southold Town Farmlanc'
Development right- shall mean the permanent legal interest
or right to prohibit or restrict the use of land for any
purpose other than agricultural production.
Structure - shall mean anything constructed or erected in,
on, or under the ground or attached to anything having a
location in, on, or under the _qround, includinq fences.
Section 25-40- Procedure for Acquisition of Development Rights
(1)
(2)
Upon authorization by the Town Board, the Supervisor shall
solicit offers for the sale to the Town of development rights
in such agricultural lands as may be recommended by the
committee.
Upon the receipt of such offer or offers, the Town Board
shall cause an appraisal or appraisals to be made of the
market value of the development rights being offered.
After receipt of such appraisal, or appraisals, the Town
Board shall hold a public hearing on the question of the
acceptance of such offer, or offers.
Within sixty (60) days after such hearing, the Town Board
shall adopt a resolution either accepting or rejecting such
offer or offers.
Section 25-50- Alienation of Development Rights
-{ I)
(2)
Development rights acquired by the Town pursuant to the
provisions of this Chapter, shall not thereafter be aliena~;ed,
except upon the affirmative vote of a majority of the Town
Board after a public' hearing thereon, and upon the approval
by the electors of the Town voting on a proposition
submitted at a special or biennial Town election. No
subsequent amendment of the provisions of this sub-section
shall alter the limitations imposed upon the alienation of
development rights acquired by the Town prior to any such
amendment.
The instrument of conveyance transferring the development
rights to the Town of Southold shall be executed by the
Supervisor on behalf of the Town of Southold, and the
Grantors, and shall contain a covenant specifically setting
forth the limitations on the alienation of the development
rights and the limitations on the use and enioyment of the
estate or interest reserved by the Grantor as the same are
set forth as of the date of the Contract for the sale of said
development rights.
(3) Farmland Committee.
The committee shall consist of five (5) members to be
appointed by and serve at the pleasure of the Town
Board. The Chairman of the Committee shall be
designated by the Town Board.
(b) Duties of the Committee.
The Committee shall perform the following duties:
(i)
(ii)
To recommend to the Town Board agricultural
lands in which the development rights should be
acquired by the Town.
Review all matters relevant to development rights
and the agricultural economy in general.
(iii) To serve as a review board for the granting of
permits for the construction, reconstruction and
additions of and to structures in or on agricultural
39
4O
FEBRUARY 29, 1984
(iv)
(v)
(vi)
(vii)
lands in which the development rights have been
acquired by the Town.
To promulgate such rules and regulations as may
be deemed necessary to govern the administration,
procedures and duties of the committee, which said
rules and regulations shall not become effective
until approved by the Town Board.
Prepare, amend and maintain appropriate maps
delineating agricultural lands; lands in which
development rights have been acqui red;
agricultural lands in which development rights are
proposed to be acquired; and such other
information as may be deemed appropriate.
Perform such other duties and functions as may
from time to time, be directed by the Town Board.
The committee shall be authorized to incur such
expenses in the performance of its duties as shall
be appropriated therefor by the Town Board.
Section 25-60- Severability
Should any provision of this Chapter be adjudged invalid by a
Court of competent jurisdiction, such adjudication shall not affect the
validity of any other provision of this Chapter.
This Local Law shall take effect upon its filing in the Office of
the Secretary 'of State.
SUPERVISOR MURPHY; This again is a very important public hearing to
come to. It's the result of the vote on the last election, where people
decided to put up 1.75 million dollars for the purchase of agricultural rights,
or development rights of farmland, and this is one of the steps we have to go
through. So, if anyone is interested at all, or any comments, or would like
to hear anything about this, please attend this meeting. Any other questions
on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
22.
23.
SUPERVISOR MURPHY: Number' 22 is another lead agency.
Moved by Justice Edwards, seconded by Supervisor Murphy, it was
RESOLVED that the Southold Town Board declares itself lead agency in regard
to the State Environmental Quality Review Act in the matter of the application
of William Knoeller for a Wetland Permit on, certain property located at Jockey
Creek, at 450 Jockey Creek Drive, Southold, New York.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: 'Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is where we're really going to miss our
ex-Councilman Larry Murdock. He was the only one on the Town Board that
' could pronounce this name,'.so I'll let' somebody try it.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the application of Zdzislaw Mikolajczyk for renewal of a single
family house trailer permit located' at south side of Private Road, off east
]side of Main Road, Mattituck, New York, which permit expires February 9,
1984, be and hereby is granted for a six (6) month period.
SUPERVISOR MUPRHY: On this, these are trailer permits that had been--all
of these, I believe, most every trailer in Southold Town, except two or three
I guess, have been there before Zoning went into effect.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is another public hearing.
24.
FEBRUARY 29~ 1984
Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:10 P.M.,
Tuesday, April 10, 1984, Southold Town Hall, Main Road, Southold, New York,
as time and place for a pbulic hearing on the Draft Environmental Impact State-
ment submitted by Dalchet Corporation, James R'. Fogarty, Georgianna Fogarty,
John Pung, Irwin S. Kruger,~ Reynold F. Blum, William A. Littellr and Nancy
Glover Victoria, filed in connection with their petition for a Change of Zone
from "A" Residential and Agricultural District to "B-l" General Business District
on certain property located east of Stillwater Avenue and west of Harbor Lane,
on Route 25, Cutchogue, New York.
SUPERVISOR MURPHY: Any questions?
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwar~ls, Supervisor Murphy.
This resolution was declared duly ADOPTED.
25.
SIJPERVISOR MURPHY: Number 25 is the tranmission of a proposed Local
Law.
Moved by Councilman Schondebare, seconded by Justice Edwards r
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law to Amend the Zoning Code in
relation to the computation of the.number of lots in a Cluster Development,"
25.
now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized ann directed
to transmit this proposed Local Law to the Southold Town Planning Board and
Suffolk County Department of Planning in accordance with the Code of the
Town of Southold and the Suffolk County Charter.
'Said proposed' Local Law reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
i. Subdivision A, of Section 100~-136r of Chapter 100 (zoning) of the Code
of the Town of Southold, is hereby amended to read as follows:
A. The maximum number of single-family lots that may be approved in
a cluster development shall be computed by subtracting from the
total gross area a fixed percentage of twenty percent (20%) of said
area and dividing the remaining eighty percent (80%) of the area by
[forty thousand (40,000) square feet.] the minimum required lot area
set forth in the Bulk and Parkinq Schedule.
II. This Local Law shall take effect upon its filing with the Secretary of State.
SUPERVISOR MURPHY: Any questions on it?
COUNCILMAN SCHONDEBARE: Yes. it's going to go from us to the Planning
Board and then over to the Suffolk County Department of Planning.
SUPERVISOR MURPHY: For their input and then back to us. Then at that
time, Judy, then we set a public hearing.
TOWN CLERK TERRY: Yes', when I receive both recommendations.
COUNCILMAN SCHONDEBARE: That's What ! was looking for--where is the
public hearing. --
TOWN CLERK TERRY: Any time the Zoning Code is amended this is the
procedure.
COUNCILMAN SCHONDEBARE: And then go into the public hearing after that.
TOWN CLERK TERRY: Yes.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Moved by Justice Edwards, seconded by Councilman Schondebare,
WHEREAS, there has been presented to the Town Board of the Town of 5outhold
a proposed Local Law entitled, "A Local Law in relation to penalties for violations
of the Southold Town Zoning Code," now, therefore, be it
RESOLVED that.the Town Cle~-k be and she hereby is authorized and directed
to transmit this proposed Local Law to the Southold Town Planninq Board and
the Suffolk County Department of Planning in accordance with the- Code of the
Town of Southold and the Suffolk County Charters.
FEBRUARY 29, 1984
Said proposed Local Law reads as ~llows:
BE IT ENACTED by the Town Board of the Town of Southold as
follows: (Additions indicated by underline; deletions by
[brackets]).
I. §101-145 of Chapter 100 of the Code of the Town of Southold
(Zoning) is hereby amended to read as follows:
§100-145 - Penalties for offenses.
For each offense against any of
chapter or any regulations made
the provisions of this
pursuant thereto, or
failure to comply with a written notice or order of [the]
any Building Inspector within the time fixed for compliance
therewith, the owner, occupant, builder, architect,
contractor or their agents or any other person who commits,
takes part or assists in the c0mmlsslon of any such offense
or who shall fail to comply with a written order or notice
of [the]' any Building Inspector shall, upon a first
conviction thereof, be guilty of a violation punishable by
a fine of not exceeding [fifty] five hundred dollars
[($50.)] or imprisonment for a period not to exceed [six
(6) months] fifteen (15) days, or both. Each [week's
continued offense] day on which such violation shall occur
shall constitute a separate, additional [violation.]
offense. For a second and subsequent conviction within
eighteen month~ ther~eafter~ such person shall be guilty of
a violation punishable by a fine not exceeding one thousand
five hundred dollars,
exceed fifteen_ ~15)
imprisonment.
or imprisonment for a period not to
days, or both such fine and
II. This Local Law shall supersede, in its application to the
Town of Southold, Subdivision 1 of ~268 ~of the Town Law.
III. This Local Law shall take effec~ upon its filing with the
Secretary of State'.
SUPERVISOR MURPHY: Anyone have'any questions on this? We discussed
this yesterday. Ray, do you have any questions on it?
JUSTICE EDWARDS: No.
SUPERVISOR MURPHY: It's just to raise the fines.
COUNCILMAN STOUTENBURGH: It was the recommendation of the Building
Department that brought this forth.
SUPERVISOR MURPHY: And this is not necessarily the fine, this is the
maximum that you could be fined. It's still up to the judge to determine
the fine.
COUNCILMAN SCHONDEBARE: But we did substantially increase it from
fifty dollars to five hundred.
FEBRUARY 29~ 1984
26.
SUPERVISOR MURPHY: That's rigb!~ ~-.i,~_,~ ~
vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
an emergency necessitating the immediate repair of the Fiat-Allis Model 745-C
and hereby authorizes Commissioner of Public Works Raymond r~. Dean to
purchase the necessary parts for the repairs, at a cost not to exceed
$11,000.00; said amount to be paid from the General Fund Whole Town Account
A8160.4 Refuse and Garbage, Contr,actual.
~I'OWN ATTORNEY TASKER: Do you have a transfer for that?
SUPERVISOR MURPHY: Bob, we don't have to transfer. We're going to stay
out of the Federal Revenue Sharing until later on. We're getting close to having
to have a hearing.
TOWN ATTORNEY TASKER: What are you going to use for it?
SUPERVISOR MURPHY: We have $100,000.00 in contractual.
TOWN CLERK TERRY: In Garbage and Refuse where this piece of equipment
is located.
SUPERVISOR
for the parts
questions on
MURPHY: The money is in the .account now. It covers the repairs
and the landfill. We jacked it up quite a bit this year. Any other
it?
COUNCILMAN SCHONDEBARE: I thought we were go transfer too.
COUNCILMAN STOUTENBURGH: That's good.
SUPERVISOR MURPHY: Joan recommends highly that we don't do any Federal
Revenue transfers right now, wait until later on and we have the money in
the budget for this;
TOWN ATTORNEY TASKER: Okay.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was ~teclared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is a public hearing.
27. Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED thal~ the Town Board of the Town of Southold hereby sets 3:40
P.M., Tuesday, March 27, 1984, Southold Town Hall, Main Road, Southold,
New York, as time and place for a public hearing on a proposed Local Law
entitled, "A Local Law in relation to mooring and anchoring of boats in West
Harbor at Fishers Island," which reads as follows:
BE IT ENACTED by the town board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]).
Sections 32-39A and 32-39B, as added by local law No.5 of the year
1983, are renumbered Sections 32-39.1 and 32-39.2, respectively.
Il. Section 32-39.2, as renumbered, is hereby amended to read as follows:
Section 32-39.2 Anchoring and mooring in West Harbor.
[I] A-- All boats temporarily anchored in West Harbor at Fishers
Island shall anchor north of Goose Island.
[ 2] B__ Permanent moorings in West Harbor at Fishers Island.
(1) All permanent moorings shall be located south of Buoy
IN"10"] number 8.
(2) No permanent mooring shall be placed unless
authorized by a permit duly issued by a I~ay Constable
or Deputy or Assistant Bay Constable.
FEBRUARY 29, 1984
(3) The following fees shall be paid for the issuance of a
mooring permit, to wit:
Size of Boat
Permit Fee
Up to 25 feet $10.00
26 feet to 35 feet 25.00
Over 35 feet 50.00
All Nonresidents 50.00
(4) All moorinq permits shall expire on December 31st. of
the year of issuance.
The location of each moorinq shall be assiqned by the
Fishers Island Harbor Master, who shall be appointed
by the town board.
(6) All moorinct buoys shah be assiqned a number which
shall be affixed to the buoy by the permittee in
numbers at least five inches in heiqht.
28.
III. This local laW shall take effect upon its filing with the Secretary of
State;
SUPERVISOR MURPHY: Any questions on it?
COUNCILMAN STOUTENBURGH: Nothing, except for the public. I'd like to
just put in here that they do have a fee .schedule in here for boats up to
25 feet of $10.00, and 26 feet to 35 feet'of $25,00, over 35 feet'it's $50.~00,
and any non-resident $50.00, which ! bring up so perhaps our Trustees will
think about it.
JUSTICE EDWARDS:
TOWN CLERK TERRY:
How much did we bring in total last year, Judy?
Close to $2500.00---I can tell' you right here--S2185.00.
JUSTICE EDWARDS: There' was a total of almost 60 permits.
SUPERVISOR MURPHY: Pays for the Bay Constable.
TOWN CLERK TERRY: Yes, it did, more than payed for him.
JUSTICE EDWARDS: Because he got paid $I,000.00.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is to execute an application.
Moved by Councilman Stoutenburgh, 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 preliminary application
to the New York State Coastal Management Program for a Local-Waterfront Re-
vitalization Program Grant.
SUPERVISOR MURPHY: Any questions on it?
discussed this yesterday. Jim was in.
Ray, you got anything? We
JUSTICE EDWARDS: No.
COUNCILMAN STOUTENBURGH: One of the things we had suggested is that--
Ray Dean was in accordance with this idea, that much of our rain run-off, and
we sure saw it yesterday, was running into our creeks and is one of the major
sources of pollution, and what we'd like to do is have a study made of this
area and perhaps have a long-range program of directing the water into the
ground rather than into our creeks. If this would be feasible, that is what
the money--one of the things the money would be used for.
Vote of the Town Board: Ayes: Councilman Schonclebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
5UPERVISOI~ MURPHY: Number 29 is the allocation of additional funds.
29. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
FEBRUARY 29, 1984
$3,000.00 from the General Fund~Wh~i~'~'Ai:c0~nt A6410.4, Publicity,
Contractual, to pay printing costs for the Southold Town Promotion Committee.
SUPERVISOR MURPHY: I might comment that $4,000.00 was put in the budget
this year. This has jumped from $2,000.00 to $3,900.00, I guess, over the
yearsr and we're just trying to hold costs down. We like to help the Promotional
Committee a little bit more, but at the present time we really can't, and it
certainly plays an important part in the economy out here. Any other 'questions
on it?
45
COUNCILMAN STOUTENBURGH: Particularly when a piece of equipment breaks
down and we have an additional $11,000.00 we didn't think we were going to
spend.
COUNCILMAN SCHONDEBARE: Yes, I felt sorry for them, when they came in
and made their application right after we just found we've got to spend $11,000
more. The timing was really off.
SUPERVISOR MURPHY: And they almost got in before Ray, Walter walked down
the hall to see someone.
Vote of the Town Board: Ayes: Councilman Schondebarer Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is to set some public hearings.
30.
Moved by Justice Edwards, seconded by Councilman Stoutenl~urgh, it was
RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday,
March 27, 1984, Southold Town Hall r Main Road, Southoldr New York, as date
and place for public hearings upon the following applications for permits under
the Wetland Ordinance:
3:30 P.M. - In the matter of the application of Esther & Eric Muehlbauer
and Leah K. Indelman for a permit under the provisions of the Wetland Ordin-
ance of the Town of Southold to construct a catwalk and floating dock at the
south side of Fleetwood Road~ on East Creek, Cutchogue, New York.
3132 P.M. - in the matter of the application of Enconsultants, Inc., on
behalf of Paul Kelly, for a permit under the provisions of the Wetland Ordinance
of the Town of Southold to replace timber bulkhead and backfill with clean sand
at property located on right-of-way on the south side of New Suffolk Avenue,
at Great Peconic Bay, Mattituck, New York.
3:35 P.M. - In the matter of the application of Enconsultants, Inc., on
behalf of Daniel Silverman and E. Cartnick, for a permit under the provisions
of the Wetland Ordinance of the Town of Southold to construct dock, catwalk,
ramp, two floats, and dredge at Wunneweta Pond, on Wunneweta Road, Nassau
Point, Cutchogue, New Yrok.
3:37 P.M. - In the matter of the application of The Land Use Company, on
behalf of Joseph Duggan, for a permit under the provisions of the Wetland
Ordinance of the Town of Southold to construct timber bulkhead and dredge on
the east side of Dawn Lagoon, on SnUg Harbor Road~ Greenport, New York.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31, Ray, do you want to read?
31.
Moved by Justice Edwards, seconded by Supervisor Murphy,
WHEREAS, Mr. and Mrs. Peter O. Crisp has donated 244 shares of Millipore
Corporation common stock, valued at $7, 000.36, to the Town of Southold for
purposes of ,acquisition of real property from the United States Government
and located at Fishers Island, and
WHEREAS, Janney Montgomery Scott Inc. has requested the appropriate forms
be executed by the Town of Southold for the sale of such stock by the Town
]of Southold, now, therefore, be it
RESOLVED that the Supervisor and the Town Clerk be and they hereby are
authorized to execute any and all required documents for the sale of the afore-
said purpose and then transmit the same to Janney Montgomery Scott Inc. in
accordance with their instructions.
SUPERVISOR MURPHY: Any questions on this? This again is more donations
for the purchase of that property on Fishers Island.
Vote of the Town Board: Ayes: Councilman $chondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is to adopt a Local Law.
FEBRUARY 29, 1984
32. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No. 1 - 1984 was introduced at a meeting of
this Board held on the 14th day of February, 1984, and
WHEREAS, a public hearing was held there on by the Board on the 28th day of
February, 1984, at which time all interested persons were given an opportunity
to be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 1 - 1984 be enacted as follows:
LOCAL LAW NO. 1 - 1984
A.Local Law in relation to authorizing the
issuance of appearance tickets by Building Inspectors
BE IT ENACTED by the Town Board of the Town of Sothold as follows:
Section 26-2 of Chapter 26 of the Code of the Town of Southold
(appearance tickets) is hereby amended by adding a new subdivision
thereto r to be Subdivision C to read as roi'lows:
C. Building Inspectors - Any statute, local law, ordinance, rule
or regulation relating to fire prevention and safety, health
and sanitation, buildings, zoning and planning.
!1. This Local Law shall take effect immediately.
SUPERVISOR MURPHY: Any questions on this? (No response.) This is
the one we just had. Now we still have what, 30 days?
TOWN CLERK TERRY: As soon as it is filed with the Secretary of State
and I send it Certified Mail, return receipt, and as soon as I get the
receipt back I know it's filed and then it is in effect.
COUNCILMAN STOUTENBURGH- Judy, do you send a copy of these to all
the other towns?
TOWN CLERK TERRY: No, only when it pertains to Zoning ancl they only
send it to us When it pertains to Zoning. The Cluster and the other one
I will be sending to the adjoining towns because they pertaining to the Zoning
Code.
TOWN ATTORNEY TASKER: That's required. Within 500 feet of another
municipality, or within 500 feet of a county highway or state highway or
county park or state park and a number of other things. You 'have to. give
notice to those agencies, like a county airport or public airport.
COUNCILMAN STOUTENBL1RGH: I was wondering how we were getting those.
TOWN CLERK TERRY: I send them to Riverhead, Shelter Island, Greenport
Village, Southampton Town, Long Island State Park Commission, Suffolk
County Department of Planning.
COUNCILMAN STOUTENBURGH: Good.
.TOWN CLERK TERRY: And I do that by receipt, and then I know that they
have received them, and when it's enacted I have to do it all over again
before it becomes effective.
COUNCILMAN STOUTENBURGH: So that they could have an input if they
wanted to say something.
TOWN CLERK TERRY: That is correct. Now, this Appearance Tickets Local
Law does not have to because this is a separate part of the Coder Chapter 26.
It is not the Zoning Code.
TOWN ATTORNEY TASKER: This notice is required by the Suffolk County
Charter, which is a special provision applicable only to Suffolk County. All
other counties, come under the provision of the General Municipal Law, which
requires basically the same type of notice, but the Suffolk County Charter
provision supersedes that law, so we comply with the Charter provision.
SUPERVISOR MURPHY: Any other questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That ends the prepared agenda. I'd like to ask any
Councilman if they have anything further to report? Jay?
FEBRUARY 29, 1984
COUNCILMAN SCHONDEBARE: i0gs, from hamlet to hamlet.
! would request of the or negative. I'm
getting negative comments, but no one has yet to tell me that they liked it.
So I would like to hear some positive comments, if any exist.
COUNCILMAN STOUTENBURGH: I don't know if ! could go quite along with
that, Jay. I hear a lot of people saying, "1 like it, but everything but what
affects me."
SUPERVISOR MIJRPHY: I like it when it's. controlling you, but not me.
COUNCILMAN STOUTENBIJRGH: Mr. Schriever's letter was very interesting.
SUPERVISOR MURPHY: Paul?
COI~NClLMAN STOUTENBURGH: No, I have nothing to say, except people who
did attend the meeting in New York on the various towns throughout the State
that met there. ! was quite impressed with the--I went into a building--I spent
a whole day in the building and planning, and it reinforces, I think, the idea
that we really need an overall planner in this Town to coordinate, or maybe two
or three days a planner, because there is so much coming up new, and w of
course, everyone knows that we're being inundated with applications for sub-
divisions and what have you. It was well worthwhile, I thought.
SUPERVISOR MIJRPHY: Ray?
JUSTICE EDWARDS: No comment--the only comment is we're looking forward
to yourself and Bob over on the Island Saturday for this public hearing regarding
the airport contract, and probably other matters.
SUPERVISOR MURPHY: We have our reservations. 12:30,-Bob.
COUNCILMAN STOIJTENBURGH: Is this a cut and dry thing, do you think,
this airport contract?
SUPERVISOR MURPHY: No~ by no means.
COUNCILMAN STOUTENBURGH: I don't know, ! thought it was more or less
understood that this contract was to go to--
TOWN ATTORNEY TASKER: What they have is a public hearing to get the
input from the public. Then it. comes to this Board and you have to approve
of what they're going to do. So you call that cut and dry?
COUNCILMAN STOtJTENBURGH: As far as what they're going to represent,
yes. From what I heard.
TOWN ATTORNEY TASKER: We haven't heard What they're going to represent.
COUNCILMAN SCHONDEBARE: Is the Town Board having the hearing or the
Ferry District?
JIJSTICE EDWARDS: The Fer~y District.
COUNCILMAN SCHONDEBARE: The Ferry District is having the hearing. Are
we going to get the minutes of that hearing sent to us?
SUPERVISOR MURPHY: Sure.
TOWN CLERK TERRY: Do they have minutes of their hearings?
TOWN ATTORNEY TASKER: I told them that they better take minutes.
JUSTICE EDWARDS: I don't know who they'll have there taking minutes but
they'll have someone. '
TOWN ATTORNEY TASKER: They'll take a tape recorder and have somebody
transcribe it.
TOWN CLERK TERRY: I will check witl~ Phil Knauff to make sure he made the
arrangements. I.'ll call Phil tomorrow.
SUPERVISOR MURPHY: If they don't have a tape recorder~ we could take one
over with us just to be sure. ^nything else, Ray?
JUSTICE EDWARDS: No, thank you. ~
FEBRUARY 29~ 1984
TOWN ATTORNEY TASKER: Frank, I have one more thing, i received
yesterday, or the day before yesterday, a consent to substitution of attorneys.
This has to do with that Gull Pond law suit, and which Forum is involved.
And Forum, under their policy, has a right to defend r ancl has a duty to
defend. The attorneys of record, or Smith, Finkelstein and Lundberg, they
wish to be substituted as the attorneys of record, which they have a right
to be. So they have submitted to us a consent to substitute the present
attorneys for the Forum attorneys, which is Bases Lawrence Ciovacco & Walsh.
The people that we met with. They have decided that they want to control
the case.
COUNCILMAN STOUTENBURGH: Who does, Lundberg?
TOWN ATTORNEY TASKER: NO, the attorneys for Forum Insurance.
SUPERVISOR MURPHY: I thought, Bob, that was 0nly part of the law suit
that they came in under.
TOWN ATTORNEY TASKER: They're going to have to defend the whole thing.
COUNCILMAN SCHONDEBARE: Which one is this, Bob?
TOWN ATTORNEY TASKER: This is the one at. Gull Pond, Clempner, Mandell--
COUNCILMAN STOUTENBURGH: The name, Ciovacco---he called me up during
the week and wanted to talk about this, case, and I said that I wouldn't talk
about it until I had Henry Smith there, because he's head of the Trustees r
and surely should be involved. So I met with Henry Smith yesterday morning,
and about 9:30 we both got on the two telephones and we spoke with this man r
and we carried on a conversation about what Mandell and his people were think-
ing about, and we agreed to proceed along the lines that he had suggested--
I don't know if this is the place for this.
TOWN ATTORNEY TASKER: If you want to go into an Executive Session, you
can. Probably should.
SUPERVISOR MURPHY: Okay, 'we'll do it after the meeting.
TOWN CLERK TERRY: You're going to have to adopt a resolution, so you will
have to recess and go into Executive Session, and then back into the regular
meeting so you can adopt the resolution to substitute attorneys.
COUNCILMAN'SCHONDEBARE: This is a substitution by a carrier, Bob, isn't
it? The carrier is giving us a defense?
TOWN ATTORNEY TASKER: Yes.
COUNCILMAN SCHONDEBARE: The the insurance carrier is entitled, then, to
appoint its own attorneys.
TOWN ATTORNEY TASKER: Yes.
SUPERVISOR MURPHY: Why do we have to have a resolution then?
TOWN ATTORNEY TASKER: Because the Town of Southold has to consent to
the substitution of attorneys.
COUNCILMAN SCHONDEBARE: And under' the contract they're paying for those
attorneys. We're not going to have to pay any more.
TOWN ATTORNEY TASKER: Well, there's a deductable. We can go into that
after.
SUPERVISOR MURPHY: There's more problems than that. Okay, anything else?
~ would just like to mention the same thing Jay and Paul were talking about, I'm
very pleased with the results of the four community meetings that we had, and
again like to thank the League of Women Voters and the North Environmental
Council and the Town Board for getting many many more people involved in
this master plan. i guess we had about a thousand people at the four meetings,
and it was very rewarding. Some of their remarks weren't very nice, but you've
got to expect that, but i do think the only way we're going to have agood master
plan is to have a lot of good input into it, and I was very pleased with it. Also
I'd like to mention that i think the Association of Towns was very rewarding for
many members of the Town Board and of the various departments in the Town,
and also to acknowledge that we were represented at the Greenport Fire Depart-
ment Parade on Washington's Birthday, and a very nice t~me was had by all.
Now, if anyone in the audience would like to say anything, any comments?
FEBRUARY 29~ 1984
MR. PHIL BARTH, Southold: I'd just like to ask whether there's any thought
to hold an informational meeting in F~i.shers~,,island on the master plan?
SUPERVISOR MURPHY: Yes, we plan to. I do believe it should be the
jurisdiction of the Planning Board, and ! do think the Planning Board member
of Fishers Island certainly should have arranged this. Justice Edwards brought
it to my attention today. We contacted RPP&W. They gave us a list of days
that they are aVailable and on Saturday I'll have to talk to Jim Wall and see
how he wants to handle it. This is a Planning Board function and I agree, I
think the participation certainly should have been there, l'm surprised that
no input was given to the Town yet--to the Planning Board yet from Fishers
Island. I'm very surprised.
COUNCILMAN STOUTENBURGH: Demand it.
SUPERVISOR MURPHY: We will have it--they will. Yes, sir?
MR. ED JURZENIA: I'd like to know if Mr. Turner is going to be at the next
series of meetings or somebody who can--I don't think it's Miss Oliva's or
Miss Tiedke's job to give us the real, clear answers that we need on some of
these questions.
SUPERVISOR MURPHY: The way it works, now~ they take all this information
and then they. come up on this third phase and this is when you go into the
code changes and zone changes, and it will be done on an individual basis
again in each individual area, and from what I gather, the coloring on the
maps is more of a concept, it's not the ,actual zone changes.
MR. JURZENIA: The next one will really get right into it.
SUPERVISOR MURPHY: Then you're going to get down to where the boundaries
are---
MR. JURZENIA: I want to be able to speak to somebody before my section
starts and get straight answersr to see where I'm headed.
SUPERVISOR MURPHY: We're--what would you say, Bob, two, three months
away before we'd even have a---
TOWN ATTORNEY TASKER: I don't know.
SUPERVISOR MURPHY: I have really no idea. I would say a minimum of two
or three months before we would really have anything back under this third
phase, to where we could even start going into each individual hamlet and
address property by property.
MR. JURZENIA: Are you going to have open meeting as far as zoning is
concerned ?
SUPERVISOR MURPHY: Oh, definitely.
MR. JURZENIA: Will Mr. Turner be there, or somebody, because I don't
think it's the League of Women Voters or---
SUPERVISOR MURPHY: Now I believe that function now--once we get the
report from the master planner and the Planning Board--the master planner
gives it to the Planning Board, the Planning Board will then give their
recommendations to the Town Board, the it's up--I believe--at that time for
the Town Board to start adopting any zone changes that--or code changes
that are going to be necessary, and that's where you'll come down to the
individual boundaries ....
MR. JURZENIA: Right now, the way I feel it's headed, it'S headed toward
legal--I mean everybody's going to their lawyer and people are dividing
their property up, they're trying to get in under the zoning. I don't think
for the benefit of the whole Town it's working. I think that the people didn't
get the information from the start. ! think the papers should have have been
paid--! mean, $700.00 to keep the lawn green, which is very nice, but the
nitrogen is going right down the sewer drain outside, into the creeks eventually,
and we didn't get those definitions printed in the paper, other than Suffolk
Life, who did a good job, but they had to take three editions to do it. And
I think it's correspondence on top of, correspondence, there's all kinds of
emotion here and I've spoken to Mr. Stoutenburgh and a lot of people involvedr
but I can't get--I want to know where ~ have to go next. I don't want to
keep this--I don't want to go to a law suit.
SUPERVISOR MURPHY: ! don't think a law suit!s necessary at all.
50
FEBRUARY 29~ 1984
MR. JURZENIA: Well, I'd like their advice, maybe some of this I imagine, but
'if i imagine me losing my eighteen acres, it has to go that way.
SUPERVISOR MURPHY: Nothing has been done to. change anybody's property
and nothing will be done.
MR. JURZENIA: That's why from the first meeting I was here, and I'll be at
all the meetings because it's my life, bu~ I want to see Mr. Turner who can
explain things.
SUPERVISOR MURPHY: From what I gather these people just come up with a
concept of zoning. Now, the way it was explained to the Town Board two
years ago when this first came about, that in order to justify any zoning
changes like we're talking, 'and code changes, that in order to legally justify
this, you have to have a professional planner do the plan. Now I believe,
as Bob Tasker said, a couple times, ::that the last time it was done that it
was probably no relation--the final changes that. came about--were no relation
to what the master planner had proposed. It's just a proposal. It's far from
what's going to be adopted by your Town Board, you could be assured of that.
MR. JURZENIA: Will the Town Board--if the planning group, comes out with
the zoning--will they pay the papers to print up these definitions so that all
the people---
SUPERVISOR MURPHY: Yes, they ali will be published, yes.
COUNCILMAN STOUTENBURGH: Legally it has to be published.
MR. JURZENIA: Ought not that first memorandum have been published, really?
SUPERVISOR MURPHY: I don't think so. These. are. concepts.
MR. JURZENIA: But there are people all spread out--there are plenty of people
who don't live here, only live here in the summer, who didn't have access to
that information. I printed up thirty copies myself to give to people who asked
me for them.
SUPERVISOR MURPHY: ! agree. I think it could have been done--a little
PR could have been done a little better.
MR. JURZENIA: How much could it 'have, cost. Maybe the paper even could
have even appealed to them, to their-charity, if the Town didn't have the money.
SUPERVISOR MURPHY: When you come down to where you're talking about
actual zone changes for certain pieces or parcels, this lot, this lot, this lot,
this will all be published, and as I say, the Town Board will be going into
each community probably two times minimum to explain and to go over each
parcel with the people, and that's the time when you start adopting zone
changes.
MR. JURZENIA: The $1200.00 for the bus trips. Does the Town pay for that
outright ?
SUPERVISOR MURPHY: This is partially funded through money that comes into
the Town from the State under--it's some kind of an aid that comes down, a
program that the senior citizen clubs had done--
MR. JURZENIA: Matching ~nds?
SUPERVISOR MURPHY: Very similar to that.
MR. JURZENIA: And with the North Fork Promotional Committee, with the
$4,000.00, is that matching, 'or is it---
SUPERVISOR MURPHY: No, that's just budgeted amounts of money. When
you make up a budget you have to cover all phases development--recreation,
fire protection, libraries, highways, whatever.
MR. JURZENIA: Okay. I spend $8000.00 myself a year for advertising in
this area and I bring a lot of money into the area, and I'm trying to make a
go of it, and I think that the people should have as much information--maybe
I'm completely in the minority, then I'll go along with what the majority wants.
SUPERVISOR MURPHY: No, I don't think you are, and that's exactly why
there was the concern of various interested people in the Town, and the
Town Board, that we went and started these public meetings so that more
people would know about. It was appalling to see sixteen or seventeen people
at these public meetings that the planning consultants held.
FEBRUARY 29~ 1984
MR. JIJRZENIA: That was right at Christmas and everybody's got a mother
they've got to please, right? ..... ' "~ '~ .....
They ye got-to be somewhere, they've got to
buy gifts.
SUPERVISOR MURPHY: That's exactly what I said, it was wrong, and that's
why this concept came up and we got, I think, an excellent participation in
the communities. As ! say, there were probably a thousand people at the
four meetings.
MR. JtJRZENIA: Well, if the zQning goes through in July---
SUPERVISOR MURPHY: Zoning is not going to go through in July, you can
be assured of that. You're a long ways from zoning changes.
MR. JIJRZENIA: The memorandum was very--I had to get it from Mrs. Terry's
Office, and they were very good about it, but it was very hard to get, and
I don't think it was accessible enough to enough people.
SIJPERVISOR MURPHY: I might add that letters are being prepared right now,
we discussed it in the work session yesterday, to ask for resumes to come in
to the Town for a planner. We've grown too much, we cannot operate the way
we are. Resumes will be in. We expect them in--I put a date of, I believe,
the 13th, and we will interview--set up interviews after that. We're asking
for p~anning firms that have experience on the east end of Long Island.
MR. JURZENIA: Last week I was at Santa Belle Island. Now 10,000 acres Of
Santa Belle Island are put away as a national preserve for wildlife--and there
are five beaches down there and the day we were there--five public beaches--
it was unbelieveable, you couldn't even find a pa~-king spot. People were
flooding in from all overt and we were next to a motel that happened to have
one of those public beaches, and the man said it's almost impossible to run
his business, and those people are very, concerned people, but it affects his
business and that's my concern, when it gets back to the 840 feet that I own.
I bought that for protection and that's the point I'm trying to get across. I
sweated for it, and I want to' keep it,' and I'm not against--there's 100 feet
at the end of my beach and people can do anything they want, they can go--
but I don't want to patrol my .800 feet.
SUPERVISOR MURPHY: Nobody's taking anybody's property away.
MR. JIJRZENIA: Okay, but I'd rather .scream now so that I can shake your
hand later and say thank you, but letting you know, because it hurt.
SUPERVISOR MURPHY: That's exactly the purpose of these meetings were, to
have people come up and tell us eactly your feelings.
MR. JURZENIA: They have 10,000 acres' of open space down there and they
had 20,000 people that day, and they have a bridge there and it was un-
believable.
COIJNCILMAN STOUTENBIJRGH: I'll vouch for that because i'm going down
there tomorrow.
MRS. JURZENIA: Well, you should see in six years--we haven't been there in
six years. Last time we were there we were the only people on Santa. This
time we almost got the last room on the island. The condominiums are from
one end of that island to the other, all along the Gulf. It's unreal what they've
done there.
MR. JURZENIA: The condominiums, I think, are a bigger threat than anything
else that you have to deal with right now. And then there-were people who
were subleasing the condominiums out for weeks, and ! have all kinds of
information on the planning board down there, anti the problems that they're
having, and a lot of people are non-conforming, and if their business burned
down they couldn't rebuild. All these things have to be addressed, and !
think Mr. Stuart should have been there to answer them.
SUPERVISOR MURPHY: I appreciate your comments. Thank you. Okay, at
this time, if no one else has anything further to say, I'd like to recess the
regular Town I~oard meeting, a resolution to recess, and go into closed session
to discuss a pending or actual law suit.
Moved by Councilman Schondebare, seconded by Supervisor Murphy, it was
RESOLVED that a recess be called at this time, 4:18 P.M., for the purpose
of holding an Executive Session to discuss the Clempner, Mandell, Conant
law suit.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
5!
52
33.
FEBRUARY 29, 1984
EXECUTIVE SESSION
4:20 P.M. - The Town Board discussed the substitution of a law firm in the
matter of Clempner, Mandell and Conent against the Town of Southold.
Regular Meeting reconvened at 4:38 P.M.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby consents to
the substitution of the law firm Bases Lawrence Ciova¢co & Walsh, P.C., for
the law firm of Smith, Finkelstein, Lundberg, Crimmins and Yakaboski, Esqs.
in the matter of Margarethe Clempner, Herbert R. Mandell and Miriam B. Conant
against the Town of Southold.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice ,Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 4:'39
P.M.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk