HomeMy WebLinkAboutTB-10/23/1984459
SOUTHOLD TOWN BOARD
October 23, 1984-
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend,
Jr., Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman
-lames:'A;..$,chondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T.
Terry, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond
C. Dean.
9:05 A.M. - The Board met with Board of Appeals Chairman Gerard P. Goehrin~er
concerning an e×tensi6n of time for part-time Clerk-Typist Linda Taplin; (Resolution
No. 24 [a) & (b).
EXECUTIVE SESSION
9:15 A.M. - Planning] Board Chairman Bennett Orlowski, Jr., and members William
Mull~nand Richard Ward' met with the Board to discuss pending litigation.
9:30 'A.M. - The Board conducted hearings under C]~apter. 90 of the Code, Unsafe
Buildings, in the matter of Marine Associates, Inc. (recessed to 9:30 A~M., November
20th), and Southold Development Corporation.
10:45 A.M. - Work.~Session reconvened and the Board met with John M. Wourgola,
Esq., representing Bay VieTM Vent~ures, a 38 lot residential subdivision located on
New Suffolk Avenue, near Deep Hole~ Drive, MattitUck, to request the Town Board
to take. responsibility for the operation a~d maintenance' 6f'a water supply plant
for that 'sul~divisi0n. Frank 'Bear, Chairman of the Water AdvisOry Committee said
the Committee is concerned about reaching an agreement with the Village of Greenport,
who has already been approached to operate the system, and they feel the Town
should establish the district and. contract it 'out to another entity. Town Attorney
Tasker explained that a special district must be established, and to do so the
developer or lot owners must petition the Town Board to create the district l~efore
it can be formed. Mr. Wou~gola will review this proposal with his clients.
11:15 A.M. - Mr. David Spohn, Southold's official representative for the Airport
Site Selection/Master Plan Study, met with the Board to discuss a.recent letter
from the U. S. Department .of Transportation concerning their review of the draft
report (Inventory and Forecasts) for the Study. ~The. Bo~ard ~,~6n'curs with the
forecasts presented and Supervisor Murphy will resporid to same~ 'Councilman
$chondebare did state that he would like. an informational i~eeting held before
this goes much further and Mr; Spohn agreed that it Would be a good idea, as
did the other members of the Town Board. Edwin Reeves, Y~ankee Airways,
presented ~he Board?with letters from airiltaxi companies- concerning the forecast~
of "Commercial Avial~ion Demand for Commuter and Air Taxi".
Off-A~]enda Items discussed: Letter from Resource. Recovery Systems, Inc. offering
a total service to remove those materials from the waste stream by recycling.---
Letter from the Southold Town Planning Board recommending to the Town Board
that an engineer be asked to plot the proposed Sound View Avenue Extension as
indicated on the Preliminary Master Plan update, so the Planning Board can have
an accurate tool to use when subdivision' proposals are presented in this area of
the Town. The Board will 10ok for proposals for this project.---Letter from William
H. Price of McMann-Price A~]enc¥ concerning renewal of Town insurance policies.
Proposals from local insurance agencie~ ~ii! be solicited.---Letter from Building
Inspector Curtis W. Horton relative to violations of the Junk Yard Ordinance-by
Harold E. Walters. This will be discussed further with Mr. Horton.---Letter from
Town Attorney Tasker relative to the proposed Lead Agency Agreement with the
NYS-DECo The Town Trustees have the major disagreement with the agreement
where dredging projects are concerned, and Councilman $chondebare will meet
with the Trustees to discuss thei~ concerns.---Letter from the Southold Town Fire
Chiefs Council reqijestihg a representative of the Town Board to regul~irl~/ ~ttend
their Council meetings. Supervisor Murphy will attempt to make the meetings, but
460 OCTOBER 23, 1984
either he dr Councilwoman Cochran will be present when there is a specific request
concerning a matter of mutual concern.---Proposal from Kee Jay Enterprises, Inc.
to install thermal (In'Flectortm) material over seven windows in the Town Hall as
a test of their effectiveness, at a total cost of $446.10. it was the decision of
the Board to reject this proposal in light of the fact all the windows in the Town
Hall are ThermaLPa~e.---Letter from the Village of Greenport concerning their
negotiations witl~ Cablevisi0n.---Reviewed the recommendation of the Plannin~
Board concernin~ a proposed Local Law in relation to buildin~ set-back require-
ments on lots adjacent to Tidal Waters. The Board is in agreement with their
suggested changes to the proposed Local Law and Town Attorney Tasker will
redraft same for the November 8th meeting.--rLetter from the Fishers Island
Civi~ Association~-concerning incorporation of the Fishers Island private master
I~lan study recommendations ~ithi.n the proposed Southold Town Master-Plan ~pda~e.
Supervisor Murphy and hopefully Planning Board Chairman Bennett Orlowski will
attend the late NOvember Fishers Island Civic Association meeting at which time
their'study will' be discussed.
Recess for lunch at 12:15 P.M, at which time they also inspected the Marine
Associates,~ Inc. property and Southold Development Corporation ~oroPerty in
New Suffolk, as well as investigating, witl~ a representative of the Corps of
Army Engineers, a parcel of property at the Mattituck Breakwater being offered
to the Town for a launching site.
REGULAR MEETING
3:00 P.M-.
A Regular Meeti~9 c~f_the Southold Town Board was held on Tuesday,
October 23, 1984 at the Southold Town Hall r Main Road, Southoldr New York.
Supervisor Murphy opened the meeting at 3:00 P.M. with the Pledge of Allegiance
to the Flag.
Present:
Supervisor Francis J. Murphy
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 would like a resolution to approve the October 23r~d
audit of the bills.
Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that the following audited bills be and hereby are ordered paid:
Highway Department bills in-the amount of $93,312.13; Fishers Island Ferry
Di~ri~t bills in the amount of $988.10.
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: i'd like a resolution to approve the ~ninutes of the regular
Town Board meeting of.~OCtober 9, 1984. ~
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was , .~
RESOLVED that the minutes of the Regular Meetin~ of the Southold Town Board ~
held on October 9, 1984 be and hereby are approved. ~,!~
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervi'sor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I'd like one more resolution to set the next meeting date
at Thursday, November 8, 1984, at 7:30 P.M. We are closed on Election Day and
at that same day we are going to have our Budget Hearing.
Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the next Regular Meetin9 of the Southold Town Board will Ibe held
on Thursday, November 8, 1984, at 7:30 P.M., at the Southold Town Hall, Main
Road, Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. "-~
OCTOBER 23~ 1984
SUPERVISOR MURPHY:
Moving on t6 the first item on our agenda is reports.
I. REPORTS.
1. Town Justice monthly report from Judge Tedeschi - September 1984.
2. Town Justice monthly report from Judge Edwards - September 1984.
3. Town Justice monthly report from Judge Price - September 1984.
SUPER~ViSOR MURPHY: Those are the only reports we have. They are on t~le
in the Town Clerk's Office for anyone to look at. I'd like to ask the Councilmen
for their reports. I'!1 start on my left with Judge Edwards.
JUSTICE EDWARDS: Yes, we had a meeting on th~ Island a week or so ago, the
Fishe~' -I~iand Civic ASsociation meeting and we were presented with a plan, a
MaSter. 'Pla~ for Fishers Island done by a private group that was funded by people
frOm' Fishers Island. They have been in communications with Supervisor Murphy
and we have been assured by Supervisor Murphy that no final action would be
taken on Fishers Island as far as the Master Plan is concerned until a public
hearing i$'iheld, and Supervisor Murphy said that he will try to come over for
our l~l~ember 24th Civic AssoCiation i~eeting which Will,be, ~,e hope, a hearing
o~i ,tl~iS~ Master Pl~n~ and We hope we can get people over here frSm the Planning
~haps someone-from Dave Emilita's group, to sit in and hear the various
the Island people have regarding RPPW's rendition of the Master Plan
for hers Island. Tl~ar~k-you, Frank.
SUPERVISOR MURPHY: Thank you, Ray. Jean?
COUI~ICILWOMAN COCHRAN: Yes, on October 16th.myself, along with Councilman
Stoutenburgh and several members of the Water Advisory Committee attended a
conference, Long Island Groundwater - Today and Tomorrow, at the Plainview
Holiday Inn. In addition to segments on drinking water quality in Suffolk, an
overview of groundwater quality issues, turf grass fertilization and groundwater,
andso on and so forth, there-was a gentleman, Charles Shore, who is involved
in-community resource development for the Cooperative Extension for Dutchess
CO He shared a program that Dutchess County is~ involved in and it related
to ucational process that 'is 'necessary With the community in many of these
bring a~areness. They started this by getting the community involved
old dumP','Sites and this was used to brin9 up the level of awareness
nl the communit~ and it also helped trigger a water resource protection program.
knew it the community was not only locating old dump sites, they were
storage areas. They-did a road salt survey and many, many
:hat relate to pollutants affecting the groundwater, in addition, Carol
her, name ~as~ from the Long Island Regional Planning, demonstrated the
non-point'source handbook. This is the publication that they,~ to date,
:hapters ~lone and they have hopes--some of it's at the printers at this
they have~ hopes that it will be complete by the end of the year and
from her demonstration, plus the material contained within this non-source hand-
book~ it was felt by all of us very strongly that it certainly would be an asset
to all departments of our local government to have access to it when it comes off
the printers line. Also in addition a meeting which--Paul you want to report on
the STOP program?
COUNCILMAN STOUTENBIJRGH: No, go ahead.
CO.UNClLWOMAN COCHRAN: Okay. Also in addition ~e did meet with some people
fr~m the DEC and Paul and myself as far as the STOP Program, and the STOP program
isl ~top'Throwin9 Out Pollutants~ and it's a program that's being done in many parts
of~.New York State in relation to things that people have stored at home as far as
°1~ chemicals sitiing in' the barn or on a shelf somewhere and they do not want to
thrbw 'i~ into the landfill~ How do they dispose of these?~ And ! think Paul will
agree, and he may have comment on this, that as we sat there you find out that
things are not as simple as they first appear, that things get very, very involved.
There's a great cost attached to this. You would have to ~se a firm that is professional
and trained in this area as far. as your collection stations if you set them up, and to
set up a collection station with these professionals would run about $1500 a station.
E~ery barrel or can that you filled up with these different pollutants would run between
$~i'-5~,0 and $200. Then they'd have to be transporte~l to a particular site that was set
up to handle this kind of thing. It could get very, very expensive, but I think the
end result of the meeting was that we were going to try to contact some of the
differeot communities up state where it has been done throughout New York State
and get more information as to how they handled it and What the whole process was,
so it's a good program because we have many people in the community that are
looking for a place to put these chemicals, but I think there's a great deal of home-
wo~k~ we have yet to do on it before we can reach some kind of conclusion, i would
al~~' Ilke to say at the conference in Plainvlew it was stressed, and it seemed ~hat
eV~e~yt~ing that we're involved in when it comes to our water supply and pollutants
relates a great deal to education of the community and if we did--I~.think it behooves
462 oc oB ,
one of the charges given to the Water Advisory Committee was to begin to develop
an educational process to the community in relation to our water and ou,r landfill,
just everything that affects our water supply, and ,I think it's imp0~tan~ thal~~ the
Water Committee begin to look at the educational process. I know Mr. Bear agrees
very strongly that education's a big part of it, but I think we should get moving
in that direction. Thank you.
SUPERVISOR MURPHY: Thank you, Jean. Paul?
COUNCILMAN STOUTENBURGH: I think what Jean has said is absolutely~,-right in
the sense of public education and I happened to take part last week in '~i'(~P~bP walk
which this Town Board proclaimed the week of last wee~k as CROP Walk, CROP is
merely an organization of inter, churches and school people and people in the
community to walk and then have people Support them with dollars for
kilometer they walked. When I heard this'i thought this was like so.~
things, an effort would be put forth and a few people Would come
absolutely dumb-founded when i went to Mattituck because ! Walked ' ~s,a~ea, ten
kilometers. And I venture to say we had between 200. and 300 people. It War a
mass of people walking down the Main Road and traffic stopped to see this' roup
of people, and what I'm relating this to is'the type of educatio~n that
such an action such as this. Not only did' the kids understand what tt r~agram
was because they had films before-hand, the community got involv~ ~ybody
had a good feeling about what they were doing and this is ~exactl~ ~n is
talking about as far as public involvement. If'we get involved in'thi ram of
STOP, which is throwing.pollutants out, when we get into this groundwater, we
must get this community involved or this thing is not going to g~t off ~e ground,
and the community is out there, and they're willing, but it needs a very ia~ge
organizational background and I was just taken by the tremendous am0un;c (~
people that were involved in this, so .eduCation is the key to the whole tbi~9, and
i think we can do it. That's all I have to say, Frank.
SUPERVISOR MURPHY: Thank you, Paul. Joe?
COUNCILMAN TOWNSEND: I have a report on the Farmland Preservation Committee.
They hope to complete the intervieWs of the applicants, those people that hiave sub-
mitted appraisals of their farmland. The purpose of these interviews was toi determine
who is serious and who is not and they have been very pleased with the resulIs so
far. Most of the applicants are serious and next week they will assi¢ · of
property to the appraisers, 'two appraisers that they've hired~ and th~ out
and come up with what we feel the development rights of this property are~these
properties are. So, by the next meeting perhaps we'll be under ;way ~)n t~at project~'
~lobody has mentioned it iyet, but this'w~k the Town Board has been'in~011~'~ ir~
budget discussions~ We ve met at least three hmes to go over the departme~t s
proposed budgets and Supervisor's PropoSed budget. We're going to m~e;t ~is '
afternoon to hopefully start wrapping up the budget. I took a trip to.~h~ I~a~dfill
last week and I was glad to. see that a lot of the p~oblems,we had With d'eb.~s ai~
over the place has been solved. I was very impressed with the cleanliriesS~"(~f it.
That's about all i've been involved with in'the last. couple weeks.
COUNCILMAN STOUTENBURGH: Could I ask something?
SUPERVISOR MURPHY: Sure. Thank you, Joseph.
COUNCILMAN STOUTENBURGH: Joe, how is the composting coming. I know there
was a wet period that held that up and has that been able to---.
COUNCILMAN TOWNSEND: I didn't get to talk to Rodney about it because he wasn't
there when I was there, but I looked over at the area and they've appai~ently done
a fair amount because I Saw a whole lot of composted area--composted material. The
area that remained unworked for a year has totally been cleaned up.~ I gat~her that
they're improving the grade up there and preparing another pad for thi~; is:that
correct, Frank?
COUNCILMAN STOUTENBURGH: Because I think that was the trouble, wasn~'~it,
Ray~ they had so much wet there and they were practically walking in a puddle of
water up there.
SUPERINTENDENT OF HIGHWAYS DEAN: There was a,time element an~l~circumstances
of help, machinery and stuff like that. Now it's just implementing the~jlJb ~hat we
have to do up there.
COUNClhMAN TOWNSEND: Looks like you're putting a new grade on so yoiu can
drain it out and control the water that stays in this thing. ;
COUNCILMAN STOUTENBURGH: Because I think the Whole idea was we have a
chipper and this whole thing and this we're hopefully going to utilize all this
material and I saw a big pile of it there~ i was just wondering if it's being used.
SUPERVISOR MURPHY: Jay? Last but not least.
OCTOBER 23, 1984
COUNCILMAN SCHONDEBARE: Last Police Committee met on
OCtober 12th and we're still working No details on this can
be given out right now, but hopefully we'll have a mutually agreeable contract
between them and ourselves. Outside of that, just like Joe said, the budget, the
budget, the budget.
SUPERVISOR MURPHY: Thank you, Jay. I'll make a couple comments. The
composting is coming along very well, Paul. He is'being able to keep up with the
leaves that are coming in and it's making his job much simpler. The material--the
chips and all that we stockpiled this summer he is utilizinq and we had a machine
in there to do an experiment with incorporating the paper into it and we're going
to try to go a little further and it's bean recommended also to use--.it's not a nice
subject to talk about, but of the sewage pits, to use the bottom, the more solid
material: instead of the water, the very liquid' fluid for this 'carbon-nitrogen ratio
when we use p~aper so we don't have any odors and I think Rodney's getting a hand
on it now and I think we are progressing. We~ have probably in the neighborhood
of maybe 500 yards stockpiled now so I'm glad to see it go. STOP I would like to
see money put in the Budget this year to at least get this implemented. I attended
a Newday conference the same day the Water Advisory Committee at Plainview, on
child abuse~ It was a very interesting conference and it's staggering and scares
you the extent--yOu think of it just as sexual abuse, but it's much, much moi'e
widespread and we're--I've asked Danny (Chief Winters) and the Juvenile Aid
Officers to come up with a program.. Hopefully this spring we can have a program
to make people more aware and to see what we could do because we're fooling our-
selves if we think it's not happening around here.
COUNCILMAN TOWNSEND: Frank, you and I attended a demonst'ratib~" of the beach
machine. We didn't talk to the Town Board about it I don't think. Some outfit
brought a machine that they use for. cleaning the beaches. We've had people,
especially in tl?e. Gull Pond area, very concerned about'the condition of the beach
and this one outfit was making a' demonstration in East Hampton and I guess--you
heard about them or somebody and it 'looked like the machine worked, but we haven't
talked about it yet to determine whether it's worth the investment or not, It was
interesting.
SUPERVISOR MURPHY: Mr. Dean made the arrangements to get them there.
Fishers Islandplan, Ray, we have it in'the works, it's well under control. Like
to announce .tl~at :they are starting construction on Jockey Creek Bridge, and a
subject that we're dealing in..the budget now and particularly the Police. Last
night we had a maior dru9 bust and I would like to publicly thank the Police
Department for a job extremely well done and the cooperation that we have. The
4 to 12 shift stayed over,--they were told to stay--no complaints, and with the
assistance of the 12 to 8 shift' they set up a series of road blocks. The car was
stopped, searched and quite a large amount of heroin; The people were brought
before the iudge while we were out to lunch and I assume they're in the lock-up
right now and I'd like to publicly thank the Police Department for a job very well
done and mayl:
additional fund
overtime and
anybody would
the end of min
I was also part
to go to one ol
e the Town Board, when we start looking on Danny's request for
s, we'll look into it. One of'our big expenses in police work is the
~ere was quite a bit of overtime accumulated last night, but I think
feel that this is certainly worthwhile and it takes money. That's
,~. We had a busy two weeks since t. he last m.eetin, g !'!1 tell you.
of that Water Advisory Study and then I had to leave from there
her that same day. So it's been a busy two weeks.
II. PUBLIC NOTICES.
SUPERVISOR
application by
assembly and
by November
Notices are pc
2. New
Co., Anthony
Harbor, East tV
3. Corps
permits publisf
4. Corps
maintenance dr
November 11,
5. Corps
maintenance dr
28t h.
6. New ~
the two Counci
October 23rd
7. Suffol
October 24th,
for the cominc
this hearing.
URPHY: The first notice is Corps of Engineers, notice of an
Bernard and Eleanor Monson to construct a bulkhead and pier
aintenance dredge, Budd's Pond, Southold. l~/ritten comments
0th. I'd like to comment at this time that all of these Public
ted on the Town Clerk's Bulletin Board for your information.
'ork state DEC Notice of Complete Application .by Tosca Holding
I. Scarmata, President, to construct a timber jetty in Orient
arion. Written comments by October 26th.
of Engineers public notice on a reissuance of five nation-wide
ed in the Federal Register October 5th.
of Engineers notice of an application by George Sweeny to
,~dge at Haywater Cove, Cutchogue. Written comments by
984.
of Engineers notice of. application by Peter T. Ne¥1and to
edge Spring Pond, East Marion. Written comments by October
'ork State DEC notice of establishin9 the STOP Program which
Imen discussed. The first meeting on this will be at 7:30 on
the State Office Building in Hauppauge, Room 3A4.
County Office for the Aging public'hearing notice, 10:00 A.M.,
Smithtown Senior Citizen Auditorium,. hearing on plans and programs
,ear. We will have somebody from out Nutrition Program attend
464
OCTOBER 23, 1984
8. New York State Department of Environmental Conservation, notice-of
comment period extension on preliminary, coastal erosion hazard maps. The term
is extended to December 31st, 1984.
9. Suffolk County Council on Environmental Quality, determination of non-
significance on the project to maintenance dredge and place spoil to the south of
Mill Creek. This is an extension of the existing one we had an existing permit
to dredge-to do a little larger area over in front of, I believe, the Port of Egypt.
Is that correct, Paul?
COUNCILMAN STOUTENBURGH: Yes.
SUPERVISOR MURPHY: Number 10.' New York State Department of Environmental
Conservation notice of complete application by Cove Beach Associates to subdivide
a 69± acre parcel into 54 clustered residential'building lots and.12 reserved areas
to remain undeveloped in East Marion. Written comments by November 9th' ....
I!1. COMMUNICATIONS.
SUPERVISOR MURPHY: The first one is from the Supervisor Mike LoGrande from
Islipi thanking the Town. We were the first ones to help in their effort fighting
the legal battle on the Landfill Law.
2. State of New York, Department of Public 'Service, a Utility Consumer
Rights workshop, 9:30 A.M. to 12:30, October 31st in Riverhead.
3. Cutchogue~-New Suffolk Chamber of Commerce-lo Mr. Ray Dean thankin9
him for the wonderful .lob they did of upgrading and replacing sidewalks.in
Cutchogue village. And I would like to thank Ray right now. We have, over the
last. couple, three years or so we've made a tremendous improvement in upgrading
our sidewalks and our road system.in the Town and he's to be congratulated, even
on his tight budget. He's done a very good job and we found that it's probably
cheaper to spend the money this way than the law suits of people falling. The
insurance company we're paying out crazy, claims everytime somebody would fall
on the sidewalk.
4. From Mr. Herbert R. Mandel with a petition by .29 property owners havin9
waterfrontage on Gull Pond.
SUPERVISOR MURPHY: Number IV we had our Public Hearings this morning. One
was delayed - held over. We'll move on to item number V on your agenda which
is Resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY: The first resolution is a transfer of funds.
MoVed by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfers within the General Fund Whole Town 1984 Budget:
From; A8160.4 Refuse & Garbage, Contractual Expenses .... $11,680'.40
A8160.1 Refuse & Garbage, Personal Services $15,537.55
A9950.4 Transfer to Capital Account- ............... -$27,217.95
Into:
COUNCILMAN
reimbursed by
at the Landfill
TOWNSEND: There's a note on my resolution here: This was
Community Development Funds for the use of equipment and personnel
'Site during construction of the new plant and roads.
SUPERVISOR MURPHY: This 'is 'to pay off the Bond Anticipation Note for 1984'.
1.-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 2 is another transfer of funds.
2. Moved by Justice Edwards, seconded, by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfer within the Federal Revenue Sharin9 1984 Budget: ....
From: CF9002.4 Waste Management .......................... $31,623.18
Into: CF9901.9 Transfer to Capital Account--rr ............ $31,623.18
JUSTICE EDWARDS: This is to provide budgeted monies to pay principal on Land-
fill Building and Equipment Bond Anticipation Note. The interest of $33,480.00 will
be an expense of Waste Management.
SUPERVISOR MURPHY; Any questions? (No response.)
2.-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 3'is to support the purchase of a hydraulic
dredge.
OCTOS 455
3. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on record
as supporting and urging the purchase Of a hydraulic cutter head dredge by the
Suffolk County Department of Public Works.
3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilman
Stoutenburgh: I'm going to abstain for this and I'd like to give a reason why.
First off i believe that dredging is absolutely necessary in our Town for the
maintenance of our creek channels, but I'm very concerned also that this will be
an invitation for development of our creeks into harbors and ! think this would
ruin some of our very fine prime shellfisl~ and finfish area, so I will abstain from
this.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to establish a committee for handicapped
evaluation.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh,
WHEREAS, the Town Board of the Town of Southold must do a self-evaluation
to look at its programs and policies to see if they are excluding handicapped
persons from employment with the Town or from the benefits of Town services, and
WHEREAS, this review is done locally and once the programs and policies have been
reviewed, the Town identifies steps to remedy situations which might be excluding
handicapped persons, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby establishes a
Seif-Evaluation Committee consisting of ten (10)members, who shall serve for a
term of one (1) year, to perform a self-evaluation of the Town of Southold
programs ~and policies.
SUPERVISOR MURPHY: Any questions? (No response.)
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 We're goin~ to hold until our next Town Board
meeting. (Decision on the Relief Petition of Harold Reese and Frederick Reese.)
Number 6 is a proposed change of zone.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards,
WHEREAS, Daniel A. Kaelin,~ by petition dated July 26, ~1984, petitioned the Town
Board of the Town of Southold for~ a change of zone on certain property situated
'at Cutchogue, New York, .from "A" Residential and Agricultural District to "B-I"
General Business District, and
WHEREAS, the said petition was referred to the Southoid Town Planning Board and
~Suffolk County Department of Planning for official recommendation and report, and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon
on the 9~h day of October, .1984~ at 8:.10 P.M., at whicl~ time all interested persons
were given an opportunity to be heard, now, therefore~ be it
RESOLVED that Daniel A. Kaelin'be and hereby is Granted the relief demanded in
said petition for a Change of Zone from ,A" Residential and Agricultural District
to "B~I" General Business District on ali"that plot, piece or parcel of land, situate,
lying and being at Cutchogue, Town. of Southold, County of Suffolk and State of
New York, and more particularly bounded and described as follows: BEGINNING
at a point on the west side of Cox's Lane, disl~ant 200.04 feet northerly from the
intersection of the West side of Cox's Lane with the North sideof Main State Road
(Route 25), and from said point of beginning running thence South 46° 10' 10" West
87.53 feet to land now or formerly of Miesner; running thence along said land now
or formerly of Miesner, North 42° 35"20" West 149.56 feet to land now or formerly
of L. GIover; running thence along said land now or formerly of L. Glover North
51° 09' 40" East 87.'70 feet to the westerly side of Cox's Lane; running thence along
the westerly side of Cox's Lane South 42° 35' 20" East 141.92 feet to the point or
place of BEGINNING.
SUPERVISOR MURPHY: Any questions? (No response.)
I~.-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 7 is an authorization to sell a bond anticipation
note in the maximum amount of $19,500.'00 for the purchase of computer hardware
for the Police and the Highway Department. I offer that resolution.
466
7. Moved by Supervisor Murphy, seconded by Councilman Townsend,
BOND RZSOLOTION OF THZ TOWN OF SOOTHOLD, NEW
YORK, ADOPTED OCTOBER 23,1954, AUTHORIZING THE
ACQUISITION OF COMPUTER HARDWARE FOR VARIOUS
TOWN DEPARTMENTS, STATING THE ESTIMATED
MAXIMUM COST THEREOF IS $19,~00, APPROPRIATING
SAID AMOUNT THEREFOR, AND AUTHORIZING THE
ISSUANCE OF $19,500 SERIAL BONDS OF SAID TOWN
TO FINANCE SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not
less than two-thirds of all the members of said Town Board) AS
FOLLOWS:
Section 1. The Town of Southold, in the County of
Suffolk, New York (herein called "Town"), is hereby authorized to
acquire computer hardware for various Town departments. The
estimated maximum cost of said class of objects or purposes,
including preliminary costs and costs incidental thereto and the
financing thereof, is $19,5',00 and said amount is hereby
appropriated therefor. The plan of financing includes the
issuance of $19,500 serial bonds of the Town to finance said
appropriation, and the levy and collection of taxes on all the
taxable real property in the Town to pay the principal of said
bonds and the interest thereon as the sam~ shall become due and
payable.
Section 2. Serial bonds of the Town in the principal
amount of $19~ 00, are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
a of the Consolidated Laws of the State of New York (herein
called "Law") to finance said appropriation.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period of probable usefulness of said class of
objects or purposes for which said $19,500 serial bonds
authorized pursuant to this resolution are to be issued, within
the limitations of Section t1.00 a. 81.(a) of the Law, is ~en
(10) years, but the purposed maturity of said serial bonds or
bond anticipation notes issued in anticipation thereof shall not
exceed five (5) years from the~r~ginal issuance of obligations.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section 107.00
d. 4 of the Law.
(c) The proposed maturity of the bonds authorized by
this resolution will not exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation noues issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52.00 of the Law and said bonds and any
noses issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within
the Town without limitation of rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section 5. Subject to the provisions of this resolution
and of the Law and pursuant to the provisions of Section 30.00
relative to the authorization of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes an~d prescribing
the terms, form and contents and as.to the sale and issuance of
the bonds herein authorized and of any bond a~ticipation notes
issued in anticipation of said bonds, and the renewals of said
notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bonds authorized by this
resolution and of any notes issued in anticipation of the sale of
said bonds, may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
ss4
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publicatiOn,
or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This bond resolution shall take effect
immediately, and the Town Clerk of the Town, is hereby authorized
and directed to publish the foregoing resolution, in full,
together with a Notice attached in substantially the form
prescribed by §81.00 of the Law in "THE LONG ISLAND TRAVELER-
MATTITUCK WATCHMAN," a newspaper published in Southold, New York,
and in "THE SUFFOLK TIMES," a newspaper published in Greenport,
New York, each having a general circulation in the Town and
hereby designated the official newspapers of said Town for such
publication.
COUHCiI~,AN SCHONDEBARE: With the proviso cf our, agreement during the
Work Session that it 'will'be inCluded in both of the Department's budgets.
SUPERVISOR MURPHY: it's already in.
COUNCILMAN SCHONDEBARE: And the police. And a line item in each one,
please.
SUPERVISOR MURPHY: It's already there..
COUNCILMAN SCHONDEBARE: Okay.
7.-Vote of the Town Board: Ayes: Councilwoman Cochran: I would like to make
a comment before I vote. The last time this came before the Board I abstained
from voting because I felt that it involved--it related to the Police Department.
I've given this a great deal of thought and consideraiton and I have made the
decision that anything that comes before the Town Board I will exercise my right
as far as a resolution is concerned if it~relates to the everyday running and the
operational part of the Town to help the TOwn function in a more efficient manner.
Therefore, on this particular item, I am going to Vote yes. Ayes: Councilman
Schondebare: Well, I'll say yes to it also. The last time I voted against it,' but
we've all agreed that we're going to pay for it next year, and I go on record
again that I don't like bonding for less than $20,000.00.
SUPERVISOR MURPHY: $40,000.00.
COUNCILWOMAN .COCHRAN: We decided on $40,000.00, right.
. Vote of the Town Board (ContinUed): Ayes: Councilman Stoutenburgh, Justice
Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is transfer of funds.
8. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin~l transfer within the General Fund Part Town 1984 Bud~let:
From: B599- Unexpended Balance--r .................... $8,000.00
Into: B8020.4 - Planning, Contractual Expenses .......... $8,000.00
8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schon.debare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murpl~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to accept a performa~e bond.
OCTOBER 23, 1984 ,' 469
- 9. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
Performance Bond in the amount of $125,~000..00 for roads and improvements in
the subdivision known as "Sebastians Cove, Section I1", said amount approved
on May 25, 1984 by this Board, and by the Planning Board and Engineer Lawrence
M. Tuthiil.
SUPERVISOR MURPHY: Any questions? (No response.)
9.-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 10 is to appoint the Laurel School Attendance
Officer.
.10.-Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Paul N.
Buscemi, Interm Superintendent of the Laurel School, to replace Lucius Ware as
the Attendance Officer for said' school, subject to the written approval of the
District Superintendent of Schools, and be it further
RESOLVED that the compensation for Mr. Buscemi Shall be fixed at $5.00 per hour,
when. working in the capacity Of Attendance Officer, he to pay any other expenses
involved, and be it further
RESOLVED that the Town Clerk be and she hereby is instructed to notifY Mr.
Buscemi and the District Superintendent of Schools of the appointment.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: Question. Who does the Attendance Officer report
to?
SUPERVISOR MURPHY: I believe in a common sch6ol district to the Supervisor.
COUNCILMAN SCHONDEBARE: Town Supervisor.
SUPERVISOR MURPHY: The Town Supervisor is responsible.
COUNCILMAN SCHONDEBARE: And does he send in a voucher that we okay in
order for him' to get his payments for the $5.O0.
SUPERVISOR MURPHY: Yes, ~but they've never had use of them. It's the old
common school law that you have to have this.
.10.-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 11 is a trailer pe~it renewal.
'11. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the application of the First Baptist Church of Cutchogue for
renewal of their 'single family house trailer permit, which expired on October 14,
1984, for trailer located on the north side of Middle Road (County Route 48),
Cutchogue, New York, be and hereby is granted for a six (6) month period.
11.~Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Towqsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is 'to execute an agreement between the Town
and i the. Greenport,.~Housing Alliance.
12.
Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, - ·
WHEREAS, the Town of Southold is in receipt of Community Development Block
Grant funds designated for the use in the rehabilitation of substandard Iow and
moderate income dewellings within the Town limits, and
WHEREAS, the Town of Southold has committed itself to assist in'the rehabilitation
of certain of its recidents homes, and
WHEREAS, the Greenport Housing Alliance is a not-for-profit corporation organized
and in operation for the purpose of insuring the provision of safe, decent and
affodable housing for Town residents, now, therefore, be it
RESOLVED that the Town Board of the Town of SOuthold hereby designates the
~GreenpOrt Housing Alliance to administer the Southold Town Community Development
Housing Programs for Year X and XI, as approved by the Suffolk County Community
Development Program, and be it,~further
470 OCTOB ,R
RESOLVED that ir~ compensation for the administration of the programs the Greenport
Housing Alliance shall be entitled to utilize' fourteen (14) percent of the total funds
available to defray the costs of administration of the Programs, and be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and
directed to execute an agreement between the Town of Southold and the Greenport
Housing Alliance for the administration of the Southold Town Community Development
Housing Progr.ams for Year X and XI.
COUNCILMAN TOWNSEND: They have administered our past programs in this
area, except for the first year.
SUPERVISOR MURPHY: Any questions? (No response.)
12.-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 13 is the commingling of funds on the Farmland
Preservation.
13.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ the
$87,500.00 proceeds from the Capital Note for the Acquisition of Development Rights
to be commingled with the $1,662,500.'00 proceeds from the Serial Bonds for the
Acquisition of Development Ri~lhts.
COUNCILMAN STOUTENBURGH: That means putting them together, isn't that it,
Frank?
SUPERVISOR' MURPHY: Yes, it's
you have to have over a hundred
$87,.500.00.
13.-Vote of the Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution was declared duly
SUPERVISOR MURPHY: The next
14.
to invest in order to get a better interest rate
thousand dollars in a bond in a CD, so this was
Councilwoman Cochran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
is to accept the dedication of Greton Court.
Moved by Councilman Townsend, seconded by Councilman Stoutenburgh,
.WHEREAS, Peconic Homes. Corp. :has made application to the Town Board of the
Town of Southold to dedicate a certain road and drainage area in Mattituck, New
York, to be known as "GRETON COURT ~and DRAINAGE AREA" as shown on subk-
division map entitled, "Map of Greton Estates," filed in the Suffolk County Clerk's
Office on September .20, 1976 as Map No. 6447, together with release executed by
the owner thereof, and
WHEREAS, the Southoid Town Superintendent of Highways has inspected the said
highway and advised the Town Board :that said proposed highway complies in all
respects with the specifications for the dedication of highways in the ToWn of
Southold, now, therefore, be it
RESOLVED that in-~accordance with Section 171 of the Highway Law. of the state
of New York, consent be and the same is hereby given to the Superintendent of
Highways to make an order laying out the aforesaid highway, to consist of' lands
described in said application as shown'on ..certain maps attached to said application,
and, be it :further
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
forthwith cause the dedication: release and deed to be recorded in the office of
the Clerk of the County of Suffolk, New York.
SUPERVISOR MURPHY: Any questions? (No response.)
14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, ~ ~!
Councilman' Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murph~,,:~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is use of Town roads for a Halloween parade.
.15. Moved by Justice Edwards, seconded by CouncilWoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Southold P,T.A. to use Town Roads for staging and line of march for their
Halloween Parade to be held at 4:15 P.M., Wednesday, October 31, 1984, Provided
they secure the necessary insurance to hold the Town of Southold harmless.
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 to authorize' a bus trip for the Southold-
Peconic senior club .... ~
OCTOBER 23, 1984
471
16. Moved by Councilman Schondebare, s~i~rii~led 'by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes The
Seniors Club of Southoid-Peconic, Inc. to engage one bus, at a cost of ~250.00
to the Town of Southoid, the remainder of their allotment, (the Club to pay the
balance of $225.:00), to transport their group .to Gerney's Inn on Friday, October
.19, ,1984,
SUPERVISOR MURPHY: Any questions? (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.
SUPERVISOR MURPHY: Number 17 is 'to appoint part-time Gate Attendants at the
Landfill.
17.
Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Percy
Wilson as a part-time Gate Attendant at the Southold Town Landfill Site, effective
August 2, 198u~, at a salary of $5.00 per hour, AND Kenneth White as a part-time
Gate Attendant at the Southold Town Landfill site, effective September 11, 1984, at
a salary of $5.:00 per hour.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN STOUTENBURGH: I'd Ilke to know--we had a list of twenty-five
people, what happened to that, Ray?
SUPERVISOR MuRpHY: I assume they probably went through it.
SUPERINTENDENT OF HIGHWAYS DEAN: ' They fall off and then we get down to
maybe seven or eight. Now if somebody comes in and wants to put their name
in, they're just .putting their name in.
COUNCILMAN STOUTENBURGH: Oh, this isn't to hire?
SUPERINTENDENT OF HIGHWAYS DEAN: No, no, this is somebody we can call
if we need somebody.
SUPERVISOR MURPHY: Some people have tried it and don't want to come back
to work.
COUNCILMAN STOUTENBURGH: Okay, because I thought we had a huge long list
of them.
SUPERINTENDENT OF HIGHWAYS DEAN: No, ;we'll pick up names, if'anybody
wants to put their name in, put it in and then if 'they fall off then we have
somebody to draw from.
COUNCILMAN STOUTENBURGH: No problem.
SUPERVISOR MURPHY: Any other questions? (No response.)
17.-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 18 .is to appoint a"part-time?clerk.
18. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of.the Town of Southold hereby appoints Viola
M. Zeiss as a part-time Clerk in' the Office of the Receiver of Taxes, to replace
former part-time Clerk Gcorgia Rudder, at a salary of $5.00 per hour.
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: Number 19 is a resolution supporting the Suffolk County
Legal Aid '~,Society.
19.
Moved by Justice Edwards, seconded by'CquncilWoman Cochran, it was
RESOLVED that the Town Board of the ToWn of Southold hereby ~loes on record in
support of Suffolk County funding for the Le~lal Aid Society of Suffolk County, N.Y.,
and hereby sends a message to the Suffolk County Legislature urging them to vote
for a resolution designating the Legal Aid Society of Suffolk County, Inc. as- the
recipient of funds in the ,1985 SUffolk Country Budget for the defense of the indigent
of Suffolk County. _~
'OCTOBER 23, 1984
4?2
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: Yes, I'm going to abstain on ,this one because !
don't think I have any knowledge as to what's going on between the Legal Aid
Society and the County of Suffolk.
19.-~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh,
Justice Edwards, Supervisor Murphy. Abstain: Councilman Schondebaref Council-
man Townsend: As far as I understand the nature of the problem it's a managerial
one and i really don't have the details' either so--even though I recognize Legal
Aid has performed very valuable service I'm going to abstain'on this ~also.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is Lead Agency.
20.
Moved by Councilman Schondebare, seconded by Councilman Townsend, it 'was
RESOLVED that the Town Board of the Town of Southold hereby declares itself ·
lead agency in regard to the State Environmental Quality Review Act in the matter
of the petition of Elizabeth J. Homan fora Change of Zone from "A" Residential
and Agricultural District to "C" Light Industrial' District on certain property located
on the southerly side of Main Road (State Route 2~)', L[15.42 feet east of Stillwater
Avenue, Cutchogue, New .York.
SUPERVISOR MURPHY: Any questions on it? (No response.)
~20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebarer
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Now Number 21 is to transmit this'petition to the Planning
BOard.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards,
I~/HEREAS# a petition was received from Elizabeth J. Homan for a Change of Zone
on certain property located on the southerly side of Main Road (State Route 25),
415.42 feet east of Stillwater Avenue, Cutchogue, New York, from "A" Residential
and Agricultural District to ."C" Light Industrial Dist~ric~, now, thereforew be it
RESOLVED that the Town Clerk of the Town of Southold be and she hereby is
directed to transmit this petition to the Southold Town Plannin9 Board in accord-
ance with Article XV, Section .100~.150(B) of the Code of the Town of Southold,
and the Suffolk County Department of Planning, in accordance with the Suffolk
County Charter, requesting their, recommendations relative to said petition~
SUPERVISOR MURPHY: Any questions? (No response.)
21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend r Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22.is to execute an agreement between St. Agnes
Church and the Town of Southold.
22. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute an agreement between St. Agnes
Church and the Town of Southold for the use of St. Agnes Parish Hall, lOcated
at the northwest corner of Wiggins Street and Sixth Street, in the Village of
Greenport, for the purpose of conductin9 a nutrition progra~ and day care center
for senior, citizens, for a three (3) year period commencing November 1, 1984, at
a total rental of $39,600.00, to be paid in monthly installments of $1~100.00 per month.
22?Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justic~ Edwards, Councilman Townsend, Supervisor Murph
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is to execute an agreement with the County of
Suffolk for the Senior Adult Care Program.
23.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J.~ MUrphy to execute an agreement between the Suffolk
County Office for the Agin9 and the Town of Southold for the Senior Adult Care
Program at the Southold Town NutritiOn Center, St. Agnes Parish Hall, Greenport,
New York, all in .accordance with the form of contract approved by the ToWn
Attorney, and I~e it further
RESOLVED that such Program will entail necessary alterations to the stage area,
within St. Agnes Parish Hall.
OCTOBER 23, 1984
I73
SUPERVISOR MURPHY: Any questior~sl:-i :(No r~sponse.)
23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilma~ Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This reSOlUtion was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is'a transfer of funds.
24. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby authorizes the
transfer of $400.:00 from B8010.-4, Board of Appeals Contractual, into B8010.1
Board of Appeals Personal Services, within the 1984 General Fund Part Town
Budget.
24.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
(a) Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, SuperviSOr Murphy.
This resolution was declared duly ADOPTED.
24. Moved by .SupervisOr Murphy, seconded by Councilman Townsend, it was
(b) RESOLVED that the Town Board of the Town of Southold hereby extends the
employment of part-time Clerk Typist for the Board of Appeals - Linda Taplin -
to December 31, .1984, 15 hours per week, $$.00 per hour.
24.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebarer
(b) Councilman Stoutenburgh, Justice Edwards r Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
suPERVISOR MURPHY: That's the end of our prepared agenda and added-to
agenda~ and is there anyone on the'Town Board would like to make any further
comments at this time? .Jay?
COUNCILMAN SCHONDEBARE: i received--l~his is in reference to the North Fork
Environmental CoOncil-~-I received a summary of the hamlet meetings. I also received
sometime back a complete transcript of the hamlet meeting in Orient. Is this summary
going to take the place instead of the complete transcript of the other hamlet meetings
or are those other hamlet meeting transcripts still in the works?
MRS. RUTH OLIVA, President, North Fork Environmental Council: They're just
about read, because I had to give it to the person who made the synopsis~ They'll
all be available.
COUNCILM~AN SCHONDEBARE: When are they coming out?
I~IRS. OLIVA: Bring them down tomorrow.
COUNCII-M!AN SCHONDEBAER: Are they all done? On all the'other hamlets?
MRS. OI_IVA: Yes.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: Along the same liner we received--I guess it came in
the mail yesterday--a copy of a letter from John Bredemeyer regarding his report
on the Long Creek drainage coliform problem. 'Are we going to discuss this? I
think it's quite well done. Are you going to bring that up in committee?
SUPERVISOR MURPHY: Sure. Paul?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Nothing.
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS:. A. couple of other little items. This' morning on my flight
over from Fishers Island--early flight I might add--I had three high school girls
come over with me to get their driver's license. Of course you realize now every-
one has to appear in person to get a pici~ure taken. It's very difficult for us on
Fishers Island because they'will not bring the computer, nor the camera over to
the Island, so I had three girls, come over here and with the kindness of Chris
Hogan they had a tour of the Town Hall, they also had a tour of the Police Station
and the lock-up before they flew back to Fishers Island and were back on the
Island at 11 o'clock. This is a little problem that the people of Fishers Island
have to contend with, but Supervisor Murphy is working with the Commissioner of
Motor Vehicles tryin9 to figure out some way that this problem can be resolved.
It's a long way to the motor vehicle offices .from Fishers Island. And secondly,
in Resolution number 3 that Paul Stoutenburgh spoke of, ! too agree with him,
4'74
OCTOBER 23, 1984
having a dredge to dredge out the creeks is not right, but the County does need
a new dredge, I'm all for it, we need it on Fishers Island, and I think we can be
right on top of this with the dredging applications, the Trustees and the Town
Board to prevent them from coming any further inland than they necessarily have
to do. So I'm very glad to see that the County is going out for a new dredge.
Thank you, Frank.
SUPERVISOR MURPHY: Thank you. I would say I wish they were going for a
dredge. This 'is just one Legislator's battle with the others, to try to get it
put into the budget. This has been done before. Again I don't r. eally have much
hope for it, but maybe it 'really isn't even needed. At this :time i'd like to ask
anyone in the audience if they Would like to- comment to the Town Board.~ Anyone
over here on the left? Middle? Right? Sir?
MR. HARRY FARRELL, 202'. Gull Pond Lane, Greenport: i've lived there for the
past seventeen years. I'd like to address my remarks to part of the agenda under
Communications, which has to do with the off-shore stake permits tyin~ in~o the
',Town-owned bulkhead at Gull Pond. I'd like to go back to a meeting of June .1980
when a gentleman by the name of Richard Cron was the Town Attorney acting in
the absence of the appointed Town Attorney Robert Tasker. I'd like to jdst au0te
from this letter'. He mentions--by the way, the Town Board had asked t~o~ a Je al
oplnmn on this matter, and he stated that "a valid lease was entered into between
the Town of Southold and the Conservation Commissioner of the State of New York,
dasted September 24th, 1965. It was for an initial term of thirty years. This
lease appears to be in full force and effect," this was in .1980 that he's talking
about. "The Town Board, by resolution at a meeting on March .llth, .1980~ granted
to the Town Trustees the right to issue mooring permits in the GUll Pond inlet
with the right of the permittee to secure such boat by a: line attached to the bulk-
head in such manner as the Trustees shall direct. With such permission being
limited to the southerly one half of the bulkhead. The question to be resolved is,
do the Town Trustees have the right to grant permits, they certainly have the
right to grant permits, but do they have the right to grant Permit~ ~hich would
permit the permittee to tie'a boat to the Town owned bulkhead. It was and is my
opinion that the Town Trustees do not possess the power to' grant permits to tie
a boat to the Town bulkhead. Firstly, in permitting a line to be tied to the bulk-
head the terms of the lease dated 1965 would be violated, and secondly, it creates
a marina by the action of the Trustees who are not vested with such a power to
do so. When permits are granted to tie'in the bulkhead we believe a marina is
created as it is defined in the Southold Town Zonin~cl Ordinance." He aoes on to
say, "Finally we conclude that the power of the Town Board to regulate the
docking of boats, including the establishment of docking zones with time limitations
and the fixing of fees, if'any, are legislative functions of a mun.c~pal legislative
body which cannot lawfully be delegated to the Town Trustees. There is no
question that the Town Trustees have the power and authority to grant mooring
stake permits. For. the reasons set forth above we do not believe lhat such permits
can be lawfully extended by the Trustees to allow tying of boats to, the Town-owned
leased bulkhead." And just a final note, we have many arguments against this, but
we are all pleased at the statements eminating from the Board about home rule from
time to time, and we too believe in home rule. This is a prime example of listening
to the wishes of the people living in a specific area. We could have had many people
come down to this meeting, those folks who signed,the hundred vote or the hundred
people petition and then lately the twenty-nine person petition, but we feel that the
two stated arguments would suffice to clear the air'as far as our thoughts are
concerned. Thank you very much.
SUPERVISOR MURPHY: Thank you, sir. Is there anyone else over here would
like to comment? (No response.) If not I would entertain a motion to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman St'outenburgh, it 'was
RESOLVED that this Town Board meeting be and hereby i.s adjourned at 4:06 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice 'Edwards, Councilman Townsend, Supervisor Murpt i~-'~
This resolution was declared duly ADOPTED. '~;i~,j!
WORK SESSION
4:15 P.M. to 8:00 P.M. the Town Board reviewed the 1985 Tentative Budget.
~--/~1~-~-~ Terry
Southold Town Clerk