HomeMy WebLinkAboutTB-01/22/1985106
SOUTHOLD TOWN BOARD
JANUARY 22, 1985
EXECUTIVE SESSION
Present: 'Supervisor Francis'J. Murphy, Councilman Joseph L. Townsend, Jr.,
Justice. Raymond W. Edwards (1'0:'45 'AM), Councilman Paul Stoutenburgh, Council-
man James A. Schondebare, Councilwoman Jean W. Cochran, Town Clerk 'Judith T.
Terry, Town Attorney Robert W. Tasker .(9:'39 AM).
9:00 A.M.-- Councilwoman Cochran and Councilman Stoutenburgh outlined the
CSEA contract proposal for 4985-86. It was decision of the Board to seek and
engage the services of a negotiator for the Town.
9:15 A.M. - Special' Attorney Richard F. Lark met with the Board to the possible
creation of an Assistant Town Attorney position, as well as several pending litigation
matters.
WORK SESSION
9:'30 A'.M. - Henry Raynor, Richard. Carr, and. William. Moore of Tooker and Smith
met with the Board to discuss Mr. Carr~s preliminary plans to building a new marina
and boat storage f~acility together with a restaurant and retail 'stores on the grounds
of the North Fork- Shipyard, presently owned by Marine Associates, Inc. The pre-
liminary plans depend upon the setback lines of the existing boat storage and machine
shop buildings which are the subject of the Town Board's resolution of November 27,
.1984, in which the Board. ordered Marine Associates, Inc. to demolish them or make
them' structurally safe by January 28, '1985. Mr. Carr estimates that the cost to
make these buildings structurally safe is approximately $40,'000, however, he proposes
that the Town Board recognize' the existing setback lines, the same to be confirmed
by the Planning Board and Board of Appeals, so he may demolish the buildings and
rebuild in'the same location. The interpretation of the Zoning Ordinance concerning
non-conforming use setback and reconstruction Would not permit the buildings to be
rebuild in the same location. Furthermore, the Town Board cannot bind the Planning
Board and Board of. Appeals in making such a decision. The next meeting of the
Board of Appeals is January 24th and Mr. Carr will attempt to make an appointment
with them for an interpretation of the Zoning Ordinance relative to non-conforming
use and setback requirements. It was the decision of the Town Board to stand by
their November 27th resolution'to demolish or make structurally safe by January 28th.
10:45 A.M. - Discussion of off-agenda and agenda items: Southampton Town
Board's resolution asking the N.Y.S. Legislature to pass the required enabling
legislation which would permit East End towns to generate income for land preserva-
tion efforts by imposing a two-percent tax on real estate sales. Southampton Town
Attorney Fred Thiele Jr. who, along with Town Planner David Emilita,drafted the
law will be invited to meet with the Town Board to discuss the proposed legislation~--
Proposed extension of trailer permit by Frank Field Realty (formerly owned by Oscar
Goldin) (Resolution No. 22).--Application of Harold Walters to renew his Junk Yard
permit for '.1985. Mr. Walters will be invited to February 5th Work Session to discuss
same.--Set interview date for applicants for Conservation Advisory Council positions--
January 30th beginning at 7:00 PM.--Pending decision on Brewer Yacht Yard Soil
Removal Application was discussed and it was decided Jack Davis, Planning Board
Inspector, should review the file, make an inspection and submit same to the Town
Board.
11:IS.A'.M. --- .AcC°unt~ Clerk Betty Wells met with the Board to review the proposed
Retirement Incentive Program for participating employers in the NYS Empoloyees'
Retirement System, which must be adopted by the Town Board as a Local Law to
become effectiYe. The program allows an employer to establish a fifty to ninety day
open period during which eligible employees who retire will receive an additional
thee years of retirement service credit.~ An employee must already be eligible to
retire in order to participate in this program. Southold Town has twelve such
employees. The program does not in~:lude police officers, elected officials, nor
those appointed members of agencies, boards or, commissions of the Town. Town
Attorney Tasker will prepare an interpretation of the program for the February
5th Board' meeting.
12:05 P.M. - Chief H. Daniel' Winters- met with the Board to discuss: The possible
retirement of three Police Officers- during 11985: and his request to hire three new
Police Officers who will'be required to attend four. and a half months of Suffolk
County Police Academy training; the proposed bids for police cars and a Bay
Constable. vehicle [resOlutions No.' 3 & 4); whether the draft of the proposed
Police Department Rules and Regulations.should be released to the public before
adoption; and his 'views concerning a Civilia~ Review Board, which he does not
favor.
12:'40 P.M. - Recess for: lunch.
2:'15 P.M. - Work Session reconvened and Senio~ A,ccount Clerk Joan Richter met
with the Board to discuss the :1984 and :1985, transfers which are the subiect of
resolutions No. 12 through 17.
2:55 P.M. - Audit 'of'outstanding Vouchers.
3:00 P.M. - Work Session adjourned.
REGULAR MEETING
3:00 P.M.
A Regular Meeting. of the Southold Town Board was held On Tuesday,
January 22, :1985; 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:
.Supervisor Francis ~J. Murphy
Councilman Joseph L. Townsend, Jr.
Justic~ Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Juditl~ T.. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: The first resolution I'd like is one to approve the
January 22nd, :1985: audit of'the bills.
Moved by Justice-Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the following audited bills be and hereby are authorize~l for
payment: General Fund Whole Town 1984 bills in the amount of $3,263.74;
General Fund Whole Town :1984 Accounts Payable bills in the amount of $11,712.50;
Highway Department 198¥ bills in the amount of $2,212.50; Fishers Island Ferry
District 1985 bills in the amount of $7,101.07; Southold Wastewater. Treatment
Plant bills in'the amount of $10, 0.16.:8~.
Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh,-Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I'd like one now to approve the minutes of the Organizational
Meeting on January 3rd, '1985 and the Regular Town Board meeting of January 8th,
;198 5.
Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the minutes of the Southold Town Board Organizational Meeting
held on January 3, :1985 and the minutes of the Southold Town Board Regular
Meeting held on January 8, :1985 be and hereby are approved.
cOuNcI'I'WOMAN CO'CHRAN: May I have a point of clarification? In reviewing the
minutes of both January 3rd and January 8th I noticed that Resolution No. 12 at
the Organizational Meeting was adopted unanimously, which relates to the salaries
of elected officials. In the minutes of January 8th, :1985 ! believe the Supervisor
expressed that he had given a directive to the Bookkeeping Department not to
issue the salary as had been voted by the Town Board. My question is: what
authority enables the Supervisor to give a directive which is in direct conflict
with a duly adopted resolution that is carried by a majority?
SUPERVISOR MURPHY: Who are you asking?
COUNCILWOMAN COCHRAN: I'm asking you, Mr. Supervisor. I sit here every
two weeks making decisions. Most of the resolutions--all of the resolutions are
. carried With a majority. The majority in my mind is a directive as to action that
should be taken and I'm questioning what authority the Supervisor has to give a
directive that is 'in direct, conflic[ with a directive of this Board.
SUPERVISOR MURPHY: I feel l have the .authority to refuse any--if:l Wanted to
refuse my entire salary i feel I could.
COUNCILWOMAN COCHRAN: So you're telling me you have the authority to follow
through on a duly adopted resolution differently than this Board has determined?
SUPERVISOR MURPHY: ! think if'it 'was taking less money, certainly.
COUNCILWOMAN COCHRAN: That's not my point.
SUPERVISOR MURPHY: I don't think ! could change the authority and increase
the amount, i, certainly think I Could refuse the entire salary if I so chose.
COUNCILWOMAN COCHRAN:. Legally, Mr. Tasker?
TOWN ATTORNEY TASKER: This:is the first time the question has come up and
I think generally speaking a person always has the right to refuse compensation.
COUNCILWOMAN COCHRAN: So you're telling me that an individual, when we delt
with salaries of elected official's the philosophy were we were dealing with the
position not the inclividual, but you're telling me that the individual---
TOWN ATTORNEY TASKER:
question is whether or not a
of his:salary and my answer
COUNCILWOMAN COCHRAN:
Board.
TOWN ATTORNEY TASKER:
doing, apparently, is"making
COUNCILWOMAN COCHRAN:
and he could return it to the
That has nothing to do with the question. The
public 'offici'al has the authority to refuse all or part
would be, yes he does.
Even though it's in, conflic~ with a directive of this
He still has the option of refusing it.' What he's
a gift of a portion of his~--
But Would not then it 'would go through his:salary
Town as a gift:?
COUNCILMAN SCHONDEBARE
COUNCILWOMAN COCHRAN:
COUNCILMAN TOWNSEND:
credit.:
: And pay gift: taxes?
And pay gift' taxes?
No, no, he would get a credit, he would get a donation
COUNCILWOMAN COCHRAN: I'm serious.
vote, what the validity of my vote is.
TOWN ATTORNEY TASKER: Sometimes it's difficult to give legal opinions off the
top of my head. l've never had this question, but it is---
I Would like to know. As I sit 'here and
COUNCILWOMAN COCHRAN:
TOWN ATTORNEY TASKER:
life.
COUNCILWOMAN COCHRAN:
I'm questioning it.
TOWN ATTORNEY TASKER:
Would you please research it.
--it isn't the first time that it has occurred in public
It!s the first time since I've been here, that's why
It's the first time it's ever occurred in my time on
the Town Board, but it has occurred on the County level, on the State level,
and there appears--and this is just off the top of my head--now, if you really
JANUARY 22, 1985
t09
wanted me to give you an opioio~ i~tl'ii~k; Jean, do -me the courtesy of giving
me a day, at least, to do-some i'es~a.~/~h. :.
COUNCILWOMAN COCHRAN- Okay, I so give you that. courtesy.
TOWN ATTORNEY TASKER: But don't pop these questions. I. can give it to you
off the top of my head, I say that a public official---
COUNCILWOMAN COCHRAN: I would prefer it not be off the top of your head,
! would prefer it :to be investigated.
TOWN ATTORNEY TASKER: ---has the authority to refuse compensation.
COUNCILWOMAN COCHRAN: Thank you.
SUPERVISOR MURPHY: I believe our President refuses the compensation that
Congress gives.
COUNCILWOMAN COCHRAN: That's not the point, Frank.
SUPERVISOR MURPHY: Any other questio~'~ on the motion?
Vote on approving minutes of January 3, :1985 & :January 8, .1985:
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: Now I'1I ask for another motion to set the next meeting
date for Tuesday, February 5th, 1985', 7:30 P.M., Southold Town Hall.
Moved by Councilwoman Cochran,
RESOLVED that the next Regular
at 7:30 P.M., Tuesday, February
Southold, New York.
Vote of the Town Board: Ayes:
Councilman Stoutenburgh, JUstice
This resolution was declared duly
seconded by Justice Edwards, it was
Meetinq of the Southold Town Board will be held
5, 1985 at the Southold Town Hall, Main Road,
Councilwoman Cochran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on our agenda, reports.
I'cl like to state, that these reports are all on file in the Town Clerk's Office
for anyone who's interested.
l.(a) Town Trustees 1984 Annual Report.
1.(b) Town Trustees December ~1984 monthly report.
2. North Fork Animal Welfare League, Inc. - December :198~ monthly report.
3. Town Justice monthly report, December 1984', from Judge Price.
Town Historian's annual :198¥ report from Mrs. Goodrich.
5. State Insurance Fund Report of Injuries and Lost Time and it is an
interesting one. The Town saved, I belie~Te, $82,000 in premium discounts--
$82,385.00 since :1980 by having a good record. That's something we should
be proud of.
6. Town Justice monthly report, December :1984, from Judge Tedeschi.
7. Parks and Beach Committee's Annual Report for :1984'.
8. Police Department's monthly report for December 1984:.
9. Councilmen's reports, l'lI start on my left with Judge Edwards.
JUSTICE EDWARDS: Nothing, thank you, Frank.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Yes, the meeting of the Town Board Recreational-
Committee was held on .Monday, January 14, '1985:. The items discussed for
clarification was the civil service status with relation to the job of director. We
also spoke about the development of the job description which we will be meeting
in the very near future to complete. We lightly touchted on the importance of
community support system to this particular department and we also discussed the
office location of the Recreation Director. On January 17th the Town Board
Housing Committee met to develop an agenda for the organizational meeting of the
Southold Town Housing Advisory Committee. The following agenda was developed:
Committee introductions, purpose of Committee, di.scussion of objectives, goals and
time frames, distribution of file material's with a short synopsis, a report by Joe
Townsend of the Code Committee as to the Tindings of two-family, conversion as
determined by the Code Committee. The last order of business will be election
of a chairperson. I also noted in reading the minutes from Fishers Island Civic
Association that they will also be forming a Housing Committee and it 'will'be my
suggestion that the findings of our Housing Committee on the mainland be shared
with the Housing Committee on Fishers Island so that they do develop a line of
communication between the two Housing Committees. Also I read with interest
a letter received from R. J. Doritis, Project Manager for the Islip Resource
Recovery Agency and it was his feeling, or part of his letter, he gave facts
and figures but it was his feeling that he felt that local politiCian's hands have
been tied by short-sighted State laws or law makers who passed laws to make a
splash in the press without knowing the net effect of their actions. And he gives
the reasons for reaching these conclusions and as I read this letter it brought to
mind also the same sort of position as far as the veteran's exemption bill that was
passed by the State Legislature. I don't know, Mr. Supervisor, I think an
important topic for the agenda that could be possibly suggested to the East End
Supervisors' would be the possibility of them looking at obtaining the services
of a monitor to monitor State legisl'ation that is passed, because you all know a
great deal of New York State Legislation being passed each day direct affects
our lives, I would say more than some of. the legislation that we pass, and it seems
in the short time I've been on this Board that these are two instances that it has
been felt by some of us, plus the public; that we don't know about these things
until after they become law. It's much easier to have input into the committees
developing these bills and monitoring this 'sort of legislation and make changes
prior to and we'd be more informed, so perhaps this could be a suggestion made
to the Supervisors that something be looked at as far as a monitoring service of
State Legislation. Thank you.
SUPERVISOR MURPHY: Thank you, Jean. The Supervisors and through the
County government has a lobbyist in'Albany, .and---
COUNCILWOMAN COCHRAN: Does he monitor the legisl'ation?
SUPERVISOR MURPHY: --and does monitor legisl'ation. A lot of times the
Supervisors or the Towns don't hear of these things until they're pro facto and---
COUNCILWOMAN COCHRAN: Then he's not monitoring properly. --
SUPERVISOR MURPHY:: ,~--'and we've--through the Association--have let our feelings
be known on this and I think each individual Town has also done the same. Paul?
COUNCILMAN STOUTENBURGH: Yes, Frank, I attended your Water Advisory
Committee meet ng and one of the duties that they were charged with was educa,tio~l~J
and I'm happy to say that they are t.ackling this problem by meeting with DaV'~~
Newton this very.next week, i believe. The people that are going to meet are Jim
Monsell, Ruth Oliva and Jean Cochran and Frank Bear-. They're going to sit down
and work out a flyer that will give the public some idea of the problems and the
reasons for our Water Advisory Committee and perhaps maybe some of the solutions
in the future. The group also discussed a piece of material that was handed out to
the T~own Board from the Director of EPA Standards and Criteria, Dr. Joe Caturio
and this report reviewed exactly what this "Committee has been fighting with--or not
fighting, but wrestling with in the last year and it reinforced the complications that
our filter district is 'going to have in the future and I think if any of you have not
read that it would do us all well to review that because it 'gives a very good over-
sight and it surely shows the problems that we're having to deal with in the very
near future. They're still pressing for grant moneys and should have something
for you on this in the next meeting. We hope we will have something on this; Joe
Baler is 'following this through through EPA and the organization again' renewed
their 'belief in Article 7 which this Town Board has also backed. That's what I
have to offer.
SUPERVISOR MURPHY: Thank you, Paul. Joe?
COUNCILMAN TOWNSEND: I attended a meeting of the Orient Association this past
weekend, or the weekend before, weekend before, wherein we discussed some
strategies that might be employed to preserve some of the land in that area. I ~
won't go into details at the moment, but I think we're working on one project that
might benefit the Town. MOst of the Town Board attended the PBA Dinner to try /
to cement our good relations with [hat body, their annual dinner on Friday night,
pleasant affair. During the last, couple of weeks most of the Councilmen have been
preparing Annual Reports on the committees they've been chairi'ng. I have brought
in two reports today, one regarding the Farmland Preservation Committee, which I
won't elaborate on because month by month I've been keeping the people apprised
of what's been going_ on there. The only thing I would mention from that report
is that appraisals have already started on several parcels, several designated
parcels and the Committee expects to review these by the end of this month
which will give us some indication of where we're going money-wise and how
many acres we can expect to preserve. Tentatively we figure that we can
preserve about four or five hundred acres. The County, it is hoped, will pick
up a lot of the other acreage that has been offered. They've indicated that
they will. The other report that I'm presenting is on the activites of the North
JANUARY 22~ 1985
111
Fork Animal We, lfare L,e. ague at the Southold Town Dog Shelter and 1'11 just touch
on some statistics which in collating all the information they've supplied the Town
Board I've come up with--they've handled approximately 157 animals this year--by
and large they're dogs, but an occasional cat is thrown in there also. Of these
animals 34 were adopted, 37 were redeemed by the owners, 28 were handled out-
side the Shelter weren't kept in the Shelter for any length of time, they were
sent to the vet or handled on the part of the owners briefly. Four were dead
on arrival as a result of automobile accidents in general, there were an additional
four puppies that died shortly after birih at the Pound. Twenty-six were E & C'd,
which means euthanized and cremated, I think, I haven't really got that down, and
24 of those that, came in this year were retained at the Shelter. In the beginning
of 85 there were 38 dogs in the Shelter and according to the latest count, I guess
just this weekend, there are now 37. In the report is a r'ather lengthy description
of the on-going construction of the new Shelter building. That has been beset by
problems and delays from the beginning so it's a long said tale, but it should be
· completed by the end of this' month. The recommendations we make for the future
in this report are that we immediately start work on the old building which is
badly deteriorated. Pipes freeze', the walls are filled with holes, the slabs are
all canted the wrong way so the water doesn't drain .out of them, it makes cleaning
very difficult when they get water, so we definitely have got to start something
going in the next year to refurbish or replace that building. It is hoped that
we can do it with a fund drive on the part of the Animal League and by coming
up with some moneys within our budget. That's basically it. Jean, did you
mention that the meeting of the Housing Committee would be on the 31st?
COUNCILWOMAN COCHRAN: No, I didn't.
COUNCILMAN TOWNSEND: There is'going to be the first meeting wherein Jean
outlines the charges to the Committee will be on the 31st of this month. That's
all I have.
COUNCILMAN STOUTENBURGH: Judy~ are all these dates posted on the Bulletin
Board.
TOWN CLERK TERRY: They certainly are.
COUNCILMAN STOUTENBURGH: So in case anyone in the audience forgets it they
can always find them on the outside Bulletin' Board.
TOWN CLERK TERRY: It's probably changed about five times a day, each time it's
changed or added to or deleted.
SUPERVISOR MURPHY: Before I call on Jay I'd just :'like to make one comment.
He's past a very big'millstone in his life and would like very body to extend a
little sympathy to him, He became a man yesterday, he turned forty. Congratulations.
COUNCILMAN SCHONDEBARE: Thank you,
minutes of the Town Board.
SUPERVISOR MURPHY: We'll forever know.
Frank.
It's nice to have that in the ....
COUNCILMAN SCHONDEBARE: Everyone will forever know. Rigi~t. I'll take ~
that home and frame it in the appropriate spot. Jean touched upon the Recrea~tion
Committee, I attended that. Likewise we had a Commerce and Industry Committee
meeting, basically to set up the rules and regulations under which the Committee
can operate and that's still ongoing and the Code Committee is going to start to get
active again. I set up a date, the date I don't remember. The end of January
sometime the Code Committee will do again the vineyards and likewise the horses
and the problems we're having on that area. It's something that's a work session,
basically, for the Code Committee members and I'm not inviting the horse people
and I'm not inviting the vineyard people like we did the last time. Now is the
time for the Code Committee to get together and decide what it iS we want to do.
So that will be coming up.
SUPERVISOR MURPHY: That's what happens, Jay, when you turn forty. You
start to forget dates.
COUNCILMAN SCHONDEBARE: I also received a lounge chair for Christmas and
a pillow to go with the lounge, chair and someone gave me a nice bottle so on
quiet evenings in the wintertime to relax. This has been going on for a month
now. I'm trying to ignore the whole thing.
SUPERVISOR MURPHY: Thank you, Jay. There's a couple other short ones I
just wanted to mention before we recess for our public hearings. One, there's
a program on the Loncj Island Fisherman Forum. We got it too late to get on the
agenda. It's February 1st-and February 2nd at Suffolk County Community College.
From the meeting with Seacom and having the consultants down here and the
attorney we do have somethin9 on the agenda for the Association of Towns. I
just received a note yesterday from the president of the Association telling us
this wilt be done, and a~so the Handicap Committee met, they finished their
evaluation of all Town buildings and structures and we are evaluating this right
now.
At this~time i'd like to ask for a motion to recess to have [he two public
hearings.
Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of
holding two public hearings..
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murp!
This resolution was declared duly ADOPTED.
IV. PUBLIC HEARINGS.
3:30 P.M. - To determine the need and location of a public project to consist
of [he acquisition of 2.:796 acres of land on the Lower Road, Southold (Prechtl
property) and the construction thereon of a recharge basin to alleviate highway
flood ing.
3:35 P.M. - In the matter of a rehearing on-the petition of Harold Reese and
Frederick Reese for relief from the Bulk requirements of the Zoning Code with
relation to Harbor Lights, Section V.
Meeting reconvened at 4:00 P.M.
II. PUBLIC NOTICES.
SUPERVISOR MURPHY: The next item on our agenda is Public Notices.
1. Department of the Army, Corps of Engineers notice of an application of
Rosemary Gutwillig to. construct a platform, ramp and float to existing bulkhead,
Greenport Harbor. Written comments by January 24th, 1985.
2. Suffolk County Department of Health, proposed adoption of "Article 7 -
Water Pollution Control" meeting notification, 10:00 'A.M., January 23rd, :1985,
Auditorium, Suffolk Academy of Medicine, Vets Highway, Hauppauge.
3..Department of the Army, Corps of Engineers notice of an application
by Strong's Marine Center to reconstruction and install floating docks, remove
pieces of bog, construct retaining wall at James Creek, Mattituck. Written
comments by February 7, 1985.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: The third item on the agenda is'Communications.
1. Thank you letter to Southold Town Board from Robert Jester. For those
of you who don't know, he is a young man who is a teacher in Riverhead School,
lives in Greenport and he's starting his own campaign to be, as President Reagan
said, they're going to have a teacher to up in space on the Space Shuttle and
he's campaigning very actively to become that teacher. From what I hear he's a
very fine science teacher in the Middle Sc~hool in Riverhead and has done a
fantastic iob. The Town Board has supported him~ we've sent letters to various
State and Federal agencies.
2. Petiti6n registering their opposition to the parkin9 regulations on the
west side of Beckwith Avenue in Southold. These went in at the request of the
Highway Superintendent for snow control. We are going to have to wait until
Mr. Dean comes back before we could do anything about it;',
V. RESOLUTIONS.
SUPERVISOR MURPHY: Public Hearings we've had. Moving on [o item. V on the
prepared agenda is Resolutions. The first one is an amendment to Year X Community~-~
Development Program.
'
Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize's the
following amendment to the Community Development Year X Program Budget:
Current New
Project Budget Increase Decrease Budget
Cutcho§ue Free
Library FY X $10,000.00 -0-
N.F. Head
Start FY X $ 5,000.'00 ~0-
Housing Rehabilitation
FY X $32,500.'00 $15,000.'00
$10,000.00' -0-
$ 5,000.'00 -0-
-0- $47,500.00
SUPERVISOR MURPHY: Any questions? (No response.)
1.-Vote of the Town Board: Ayes: C0UricH~oman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is a trailer permit renewal.
2. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the application of Bauer Farms, Inc. for renewal of their single
family house t'railer located off south side of North Road (County Route 48),
Peconic, New York, which permit expires on January 4, 1985, be and hereby is
9ranted for a period of six (6) months.
2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenbur§h, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Numbe~- 3 is to advertise for bids.
m
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southotd hereby authorize's the
Town Clerk to advertise for bids for the purchase of a ,1985 four wheel drive
wagon, as per specifications, for the Bay Constable.
SUPERVISOR MURPHY: Any questions? (No response.) This; for your information,
is really just going out to bid to see what price we're going to get back in to decide.
The next one is 'going to be police cars.
3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to advertise for bids for police cars.
4. Moved by Councilman Townsend w seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizer the
Town Clerk to advertise for bids for the purchase of six (6) 1985: Special Police
automobiles, as per specifications, for the Southold Town Police Department.
4.-Vote of the Town Board: Ayes: Councilwoman Cochranr Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 ,(cluste~eoncept, Sage Properties, Section 1),
and 6 .(congratulate the Southold Settlers Varsity Soccer Team for winning the
New York State Class D Soccer Champtionship for 1984) we're going to hold until
the next meeting. Number 7 is a commendation of the Southold Town Board to a
young boy in Greenport on becoming an Eagle Scout.
Moved by Council~0man Cochran, seconded by Justice Edwards,
WHEREAS, through diligence and hard work in his daily life Richard Dia~ has set
high standards for himself, and
WHEREAS, the basis for development of his own personal, cid~ could not provide
a better guidance and will contribUte to a more meaningful life, and
WHEREAS, Richard Diaz Will continue to be guided in his 'daily living by the Scout
Oath and Code, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby, congratulates and
commends Richard Diaz for .achieving the highest rank in scoutin9 - Eagle Scout.
SUPERVISOR MURPHY: Any questions? (No response.)
7.-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 8 (decision on Brewer Yacht Yard at Greenport,
Inc. Soil Removal Application) we're going to hold. Number 9 is to advertise for
resumes for the Board of Assessment Review.
9. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ the
Town Clerk to advertise for resumes for the position of member of the Board of
Assessment Review.
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~ and there's four or five othe~ ones like this~
are transfer of funds. This is 'in the 84 Budget to balance out the books for the
end of the year.
10. Moved by Councilman Stoutenburgh, SeCb~.cled by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ the
following transfers within'the Highway Department 'I984' Budget:
From: DA9040.8 - Workmen's Compensation. ......... $2, 212..50
Into: DA5140.2 - Miscellaneous, Equipment ......... $2,212.50
10.-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: Number 11 is a six month extension on a trailer permit.
11. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby 9rants a six (6)
month extension to Maddie Miles for her single family house trailer located on private
road, off of the north side of Main Road, Mattituck, New York, which permit expired
on December 22, :1984:.
11.-Vote of the Town Board:
12.
Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to defin~ accounts in'the '1985 Federal Revenue
Sharing Budget.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following, transfers to define Capit~l Proi.ect Funds in the 1985 Budget:
From: Transfer to other funds - Capital Proiect F.und'a..$170,'152.-00
Into: Debt Service Principal:
Landfill Building & :Equipment Capital ACcount. . . $120, 000.'00 .
Agricultural Land Development Rights Cap. Acct.$ 40,000.'00
Debt Service Interest:
Landfill Building & Equipment Capital Account. . .$ .~10,1$2:. 00
Total ............ $170,152.00
SUPERVISOR MURPHY: Any questions? (No response.)
12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare~
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor M~l!~h¥i
This resolution was declared duly ADOPTED. ~-~
SUPERVISOR MURPHY: Number 13 is to define Capital Proiect Funds in the :1985'
Budget.
13. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize's the
followin9 transfers to define Capital Project Funds in the 1985: Budqet:
From: Transfer to Capital Project Funds ............ $100,000.00
Into: Debt Service Principal:
Boat Launching Ramp site Capital Acct. $ 18,000.00
Purchase of Landfill Equipment, Cap. Acct.$ 12,000.00
Purchase of Mattituck Parking Fied, C.A. $ '19,000.00
Purchase of Landfill Property, Cap. Acct. $ 21,000.00
Debt Service Interest:
Purchase of Landfill Equipment, Cap. Acct. $ 160.00
Purchase of Mattituck Parking Field, C.A. $ 87.3.00
Landfill Building & 'Equipment, Cap. Acct. $ J9:,912.'00
Purchase of Landfill Property $ 3,684.00
.Agricultural Land Dev. Rights Cap. Note $ 4,939.00
Agricultural Land Dev. Rights Serial Bond $ 432.00
Total ....... $100,000.00
13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Counc Iman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Counc. lman Townsend, Supervisor Murpl~
This resolution was declared' duly ADOPTED. '
SUPERVISOR MURPHY: Number 14 is:to transfer in the General Fund Whole Town
.1984 Budget.
14. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ the
followin9 transfers within the General Fund Whole Town 1984 Budget:
From: A1010.1-Town Board, Personal Services $ 800. u0
A1310.1-Accounting, Personal Services $ 1,100.00
A1310.4-Accounting, Contractual Expenses $ 100.'00
A1330.4-Tax Receiver, Contractual Expenses $ 315.'00
A1920.4-Municipal Dues, Contractual Exp. $ 800.00
A3120.1-School Crossing Guards, Pers. Serv. $ 2,500.00
JANUARY 22, 1985
115
A1410.2-Town Clerk, Equipment $ 250.00
A3510.4-Control of Do§s; Contractual Exp. $ 500.00
A3610.4-Examining Boards, Contractual Exp. $ 500.00
A6772.1-Programs for the Aging,Pers.Serv. $ 400.00
A6772.4-Programs for the A§ing,Contr. Exp. $ 600.00
A71.10.4-Parks, Contractual Expenses $ 1,100.00
A7230. l-Beaches, Personal Services $ 300.00
A7320.4-Joint Youth, Contractual Expenses $ 2',900.'00
A7510.4-Historian, Contractual Expenses $ 400.00
A8160.2-Disposal Area, Equipment $ 1,100.00
Ag010.8-N.Y.S. Employee Retirement System $ 4,500.'00
A.9040.8-Workmen's Compensation $ 9,300.00
Ag050.8-Unemployment Insurance $ 1,200.00
A 9060.8-HoSpitalizat ion
A:5:99
$10,300.00
-Approprial~ed Fund Balance $39,129.17
Total ................ '$78,094.17
Into:
A1010.4-Town Board, Contractual Expenses
Al110.4-Justices, Contractual Expenses
A1110.3-Justices, Personal Services
A1330.'t-Tax Receiver, Personal Services
A1410.4-Town Clerk, Contractual Expenses
A1355.4-Assessors, Contractual Expenses
A1,490.2-Public Works, Equipment
A.1620.'4-Buildings, Contractual Expenses
A1,490.4-PubHc Works, Contractual Expenses
A1680,.4-Central Data, Contr.actual Expenses
A 1910.'4-Insurance
A518Z. 4-Street Lighting, Contractual Exp.
A7230.4-Beaches, Contractual Expenses
A80.30.4-Research, Contractual Expenses
A8160.4-Refuse ~, Garbage, Contmactual Exp.
A8830.4-Shellfish, Contractual Expenses
A9030.8-Social Security
Ag059.8-CSEA Benefit Fund
A9710.7-Serial Bonds, Interest
A9730.7-Bond Anticipation Notes, Interest
A9740.7-Capital Note, Interest
200', 00
315.00
76.00
.900.'00
810.00
2,O32.OO
2,913.00
5,050.00
20.00
45.00
5,800.'00
1,680'.'00
1.50. O0
1,085.00
1,400.00
· 500.00
3,400.00
2, 3O0.00
$40,856.00
7,183.17
1,379.00
Total ....... $'78,.094.17
.l~,.-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 15 is transfers in General Fund Part Town for
.1984 Budget.
15.-Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of SouIhold hereby authorize~ the
following transfers within the General Fund Part Town :1984: Budget:
From: 83130.4-Bay Constable, Contractual Expenses~ 470.00
B 8010.'2-Zoning, Equipment $ :197.00
BS020.'2-Planning, Equipment $ 130.00
B3157.4-Juvenile Aid Bureau, Contr. Exp. $ 200.00
B3620.1-Buiiding Inspector, Personal Serv. $ 800.00
B.8020.1-Planning, Personal Services $ 2,900.00
B9010.8-N.Y.S. Employees Retirement $ 800.'00
B9015.8-Police&Firemen Retirement System $ 1,700.00
B9040.8-Workmens Compensation $ 1,900.00
B 9058.8-GHI Dental $ 700.00
B 90:59.8-CSEA $ 1,000'.00
B 9060.8-Hospitalizat ion $11,700.'00
8599 -Appropriated Fund Balance $ 2,906.00
Total .......... $25, 403.00
Into: B3120. l-Police, Personal Services $ 2,600.00
B3120.4-Police, Contractual Expenses $ 2,100.00
B3120.'2-Police, Equipment $ 2,000.00
B4020.4-Registrar, Contractual Expenses $ 1,000.00
B3157. l-Juvenile Aid Bureau, Pers. Serv. $ 3.00
BS0,10.1-Zoning, Personal Services $ 1,900.00
B8010.4-Zoning, Contractual Expenses $ 3,400.00
B9030.8-Social Security $12,400.00
Total .......... $25,403.00
JANUARY 22, 1985
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 transfer into General Fund Whole Town.
16. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED Lhat the Town Board of the Town of Southold hereby authorizes the
following transfers within the General Fund Whole Town 1984. Budqet:
From: A599 Appropriated Fund Balance $24,583. b5
Into: A96'0 Appropriations:
A1720.4-Benefits-Gen.~Govt:..' Support $13, 949.62 ~
A5720.4-Benefits-Transportation $ 4,011.16
A6720.4-Benefits-Econ.Assist.&Oppor. $ . 987.36 ~
A7720.4-Benefits-Cultural & Recreation $ 740.00
A8720.'4-Benefits-Home & Community Serv.~; 4,'895.51
Total ....... $24,583.65
· AND make the following entry in:the General Journal:
Debit Appropriation Expense A522
AI720.4 $13,949.62
A5720.4 $ 4,011.16
A6720.4 $ 987.36
A7720.4 $ 740.00
A7620.4 $ 4,89.5.51
$24,583.65
Credit Accrued Liability for Compensated Action A602---$24,583.65
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 transfer General Fund Whole Town 1984
Accounts Payable.
17. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize's the
followin9 transfers within the General Fund Whole Town 1984 Budqet:
From: A600 - Accounts Payable $49,418.17
Into:
17.-Vote of the Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution was declared duly
Debt Service Interest:
Boat Launching Ramp site $ 1,033.17
Purchase Landfill' Equipment $ 500.00
Purchase Land Mattituck Parking Fiel;d $ 2, 616.00
Landfill Building & .Equipment $ 266.00
4/1-Agric;Land Dev. Rights Cap. Note $ 1,379.00
4/l-Ag~ic;Land Dev. Rights Serial Bond $15,212.00
10/1-Agric. Land Dev. Rights Serial Bond $25,644.00
Total .......... $49,418.17
Councilwoman Cochran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
SUPERVISOR MURPHY: Number 18 is to grant a salary step increment.
18. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby 9rants Mary E.
Bourcet, Account Clerk, her Step I salary increment in the amount of $500.00,
effecitve February 1, 1985..
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 another salary step increment for the
Building Inspector.
19. Moved by CouncilWoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby 9rants Walter E.
Corwin, Buildin9 Inspector, his'Step I salary increment in the amount of $500.00,
effective February 1, .1985..
19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 '(proposed Local Law to amend the Town Wetlands
Ordinance) we're holding. Number 21 is to authorize' me to submit a proposal.
21. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Super-
visor Francis J. Murphy to submit a proposal to the Suffolk Cou_nty Department of
JANUARY 22~ 1985
117
Plannin9 for selected hard clam resource management activities, i.e.: Spawner
Transplant and Clam Seed Plantings in $Outhold Town Waters, as per Task I11,
part 2 of the Hard Clam Management Plan for Suffolk County Waters.
COUNCILMAN TOWNSEND: Question?
SUPERVISOR
COUNCILMAN
same program
MURPHY: Yes, Joe.
TOWNSEND: We didn't have a chance to discuss this~
we've done every year?
This is the
SUPERVISOR MURPHY: No, 'this is a new program we're applying for a grant
for the clam program. This is the D'Amato money that was given to the County,
and each Town has to apply.
COUNCILMAN TOWNSEND: Aide we obligating ourselves for anything he~e?
SUPERVISOR MURPHY: No, submitting that for a grant. We're asking the County
to fund the program that we're going to suggest.
COUNCILMAN SCHONDEBARE: I haven't had a chance to read it.
SUPERVISOR MURPHY: We haven't got the grant.
COUNCILMAN TOWNSEND: Is there anything in here that's a-hurry and has to
get in right away?
SUPERVISOR MURPHY: Yes, we have to submit it in February. We don't know
if we're going to get it. Ail we're doing is submitting it.
22.
COUNCILMAN TOWNSEND:
my mail yesterday.
TOWN CLERK TERRY:
SUPERVISOR MURPHY:
You see it was put in' the mailbox after I picked up
It must be submitted by February 8th.
Why wouldn't you want to submit a proposal to get a grant?
COUNCILMAN SCHONDEBARE:
on it. I haven't even read it.
last minute proposals.
I haven't even read it, F.~ank. I going to abstain
This 'is what I've complained about before, these
SUPERVISOR MURPHY: You don't have to accept it.
COUNCILMAN SCHONDEBARE: it doesn't mean I want to reject it either, but I
want to read it before ! vote on it.'
SUPERVISOR MURPHY: We don't know if 'we're getting the grant.
COUNCILMAN SCHONDEBARE: I want to read it. I'm not voting on something !
haven't even read.
SUPERVISOR MURPHY: Okay. You want to hold Number' 21.
COUNCILMAN SCHONDEBARE: I request that we hold that.
TOWN CLERK TERRY: You will have to do a resolution to table Number 21 if you
want to hold it.
COUNCILMAN SCHONDEBARE: Il will make a motion to table it and if there's a time
period or something like that I'd be willing to have a Special Town Board Meeting to
do it. Just give me some opportunity to read it first.
RESOLUTION TO TABLE NO. 21:
Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
RESOLVED that Resolution No. 21, "Authorize' Supervisor to submit a proposal
to the Suffolk County Department of Planning for selected hard. clash resource
management activites", be and hereby is TABLED.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to grant a traile'r permit.
Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants the renewal
of a single family trailer permit to Frank A. Field Realty, Inc., (formerly Oscar
Goldin permit),' WHich expires January 22, 1985, for trailer located at 711 Linnet
Street, Lot 60, Greenport Driving Park, Greenport, New York, for a period of
six (6) months.
22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 will be offered by Justice Edwards.
23.
Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
allocation of 1984 Budget funds, not to exceed $500.00, to purchase recreational
equipment for ~use by the Island People's Proiect, Fishers Island, New York.
COUNCILMAN TOWNSEND: Question. We're encumbering 84 moneys for this?
SUPERVISOR MURPHY: Yes.
23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: That's the end of our prepared agenda and added-to agenda.
Do the Councilmen have anything further to say? Jay? (Nothing further, Frank.)
Joe? (No.) Paul? (No.) Jean? (No.) Ray? (Thank you for 23.) Okay, is there
anyone in the audience would like to address the Town Board on any matter at all?
(~No response.) If not ! Will entertain a motion to adjourn.
Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 4:35 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Juditl~ T. Terry G'
Southold Town Clerk