HomeMy WebLinkAboutTB-03/12/1985174
SOUTHOLD TOWN BOARD
MARCH 12, :1985
WORK SESSION
Present: Supervisor Francis'J. Murphy, Councilman Joseph L. Townsend, Jr.,
Justice Raymond W. Edwards, Councilman Paul Stoutenburghl, CouncilWoman Jean
W. Cochran, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker,
Superintendent of Highways Raymond C; Dean. Absent: Councilman Schondebare.
9:30 A.M. - The Board audited outstanding vouchers.
10:25 A.M. - Marine Scientist Paul J. Flagg met with the Board to review his
February 14, 1985 report concerning the Seed Clam Mariculture 1984 Season,
stating that seed clam rafts were placed in Mill Creek, Goose Creek (which
resulted in'the best survival and growth), and West Creek .('93% survival, but
the growth was not as good). He Conducted creek surveys with the Bay Constable
in every, creek in the Town and examined exis[ing shellfish population. The
seed clams that had been planted in :1983 had reached littleneck size' by the fall
of 1984 and there is no evidence of significant loss due to predation. Mr. Flagg
produced a sample of a seed clam that had defective curled shell margins and it
was found that 17.5% of the seed showed the same trait; the hatchery sent addition~,l
seed as compensation and subsequent shipments were free of this 'trait.'--Mr. Flagg
was asked to submit a proposal to the Board for the ;1985 program.
10:'45 A.M. - Superintendent of Utilities for the Village of Greenport James Monsell
met with the Board to met with the Board to discuss the pros and cons of municipal
take-over of electric 'utility systems. He produced 1983 Data and Statistics on New
York Municipal Systems prepared by R. W. Beck and Associates and advised the
Board there are well over 2,000 municipal systems in the United States. Mr. Monselt
favors the Town looking into the feasibility of an electric 'utility system which he
feels will be favorable. Mr. Monsell feels that the Town has an advantage in being
adjacent to the Village system. Councilman Townsend posed several questions for
Mr. Monsell concerning the capabilities of the Village system using their own generators.
The Board will consider three resolutions during the regular meeting (37,38,'39 con-
cerning tKansfer of funds to hire an engineering firm to conduct a feasibility study,
and a request to PASNY for allocation of ten megawatts of hydroelectric power and
energy).
11:30 A.M. - Town Trustees Henry Smith and Frank Kujawski met with the Board
to discuss proposed amendments to the Wetlands Ordinance. The Board and the
Trustees reviewed the changes and placed a resolution (No. 3a,) on the agenda
to schedule a public hearing on same.--Mr. Smith and Mr. Kujawski also requested
the Board to rehire Mr. Vernon Wermelinger for the Mattituck Creek patrol during
this year's boating season, and to include a ooe-time cost of $75.00 for maintenance
of Mr. Wermelinger's outboard motor. (Resolution No. 35 was added to the agenda,,~T~
Another:t item discussed was a request by a resident on Bay Shore Road, Greenport
to construct a bulkhead on Town property which adjoins his property. If certain
conditions concerning the Town's ownership'of the bulkhead were agreed to by the
property owner, Mr. Wappus, the Board would have no objection.--The final item
discussed was the definition of houseboats which seems to be causing problems for
the Trustees, the Town Attorney and marina owners, who all agree there should
be certain restrictions placed in the Town Code.' This will be studied further with
input from the marina owners.
11:55 A.M. - James Hughes, Account Executive for the Copeland Company met with
the Board to discuss a proposal to offer the New York State Deferred Compensation
Plan to th~ employees of the Town. Basically the plan offers the employees, on a
voluntary basis~ the option to set aside a portion of their current income before
Federal income taxes are deducted. The amounts are invested according to the
employees' directions in a manner in'which the earnings are also tax deferred.
To implement the plan either a Local Law or a Town Board resolution is required.
Town Attorney Tasker will study the procedure for the March 26th meeting.
12:05 P.M. - DaVid Markel spoke W~ ~'~ ~ard about his re'cent request for
aid from the Town toward funding the production of Walt Whitman: Songs of
Ourselves, to be performed this 'August. Mr.~ Markel expressed the hope the
production could later be performed in local schools and other public'places.
Mr.. Markel was asked to supply more comprehensive information concernin9 public'
performances and Supervisor Murphy will explore the possibility of using Community
Development Funds for a possible contribution by the Town.
12:15 P.M. - Recess for lunch·
1:45 P.M. - Work Session reconvened and the Board met with Beverly Smith of
the Greenport Housing Alliance concerning the 707 Linnet Street, Greenport project.
There is a question of how to transfer the title of the property owned by the Town
to the Alliance or to a private individual, and the actual true. value of the property.
It appears the appraisal secured by the Alliance did not separate the parcels owned
by the Town and the Alliance therefore at the moment the true value cannot be
determined. Mr. Smith will'request the appraiser to make this break-down and
come back to the Board at a later date with the results.
2:30 P.M. - Off-agenda items discussed~ Landfill Committee meeting for 8:30 A.M.,
Monday, March 18th, closing on the property of Prechtl on Lower Road, Southold,
access to the Sound on Duck Pond Road, Cutchogue, town benefits for part-time
employees, possible road improvement districts, and basketball court and picnic
tables at the Senior/Youth Cente~ proposal of Briarcliff Landscape Inc, for a
;1985 spring, summer and fall Lawn and Shrub Program for the Town Hall at a
cost of $703.00 which was rejected.
3:00 P.M. - Frank Bear, Chairman of the Water Advis6ry Committee reported "on
their March 11th meeting. The ERM Northeast contracts have been signed by
Supervisor Murphy and they are awaiting Riverhead Supervisor Janoski's' signature;
there was discussion concerning the water treatment districts; requests for grants;
informational meetings to be held at Orient on March 26th and Peconic on April 10th;
flyer concerning water is being printed by Academy Printing; Suffolk County Water
Resource Management Plan Phase Il comments by Martin Trent; Greenport Water
District; proposed regulation strategy for the water districts; the article in Country
Journal: "Who's Polluting Our Wells;" aquifer protection bill, and Article 7 proposed
by" the Suffolk County Del~artment of Health Services.
3:20 P.M.- Regular Meeting Agenda items were reviewed.
4:45 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, March
12, :1985: at the SouthOId Town Hail, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7:30 P.M. with the Pledge Of Allegiance to the Flag.
\
Present: Supervisor Francis J. Murphy
Councilman Joseph ,L. Townsend, Jr.
JusUc~ Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: Thank you
well trained. We've got a couple of
Scouts to participate with us. First
of the bills of March 12, ,1985.
· That really sounded well. You girls must be
things to 'do first and then we'll ask you Girl
I would like a resolution approving the audit
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $37,616.74; General Fund Part Town bills
in the amount of $30,445.88;.Highway Department bills in the amount of $30,789.97;
Fishers Island Ferry Disl~rict bills in the amount of $282,105.31; Federal Revenue
Sharing bills in the amount of $1,260.00; Southold Wastewater Treatment Plant bills
in the amount of $9,900.75~ Far~mland Acquisition bills in the amount of $8.75.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh,
Justice Edwards, Councilman Townsend,~Supervisor Murphy. Abstain: Councilman
Schondebare: I'll abstain on that since I wasn't here.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next I'd like a resolution to set the next meeting date
for March 26th, 1985 at 3:00 P.M., Soutl~ol~l Town Hall.
Mo~ed by Councilwoman Cochran, seconded by Justice Edwards, it was ~----~-~
RESOLVED that the next Regular Meeting of the Southold Town Board will-be held ~ ~i
at 3:00 P.M.,' Tuesday, March 26. ~1985:~t the So~ =[o~--~-~ ~ta~[~, .~in~Road
Southold, New York 1,1971.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I Would like to welcome all you Girl Scouts
here and I'm very pleased to see you coming out tonight and it 'certainly seems
like you girl~ have been working hard with all those merit 'badges and all that
you have. One of'our Councilpeople, the first woman to serve on Southold Town
Board has been very .active in:Girl Scouts and ! Would like to ask Councilwoman
Jean Cochran if :she would offer a special proclamation to honor you girls on the
whole Girl" Scout effort and for what you people have been _doing in~Southold Town.
Jean, would you like to read this?
COUN'CI'LWOMAN~ COCHRAN: WHEREAS, Tuesday, March 12, .'1985 marks the 73rd
~. Bir~l~da~'- of Girl: S~outs in the United States, when on that date back in the year
:1912 Juliette Gordon Low, their founder, held the first meeting of girls in her home
in'Savannah, Georgia, and
WHEREAS, the Girl' Scout Councils and their Troops across America have under~
taken a multitude of highly, commendable projects, a means of helping others and
encouraging youth participation and involvement in-worthwhile endeavors, and
WHEREAS, through these many years Girl' Scouting has exemplified and enhanced
those qualities of womanhood must admired, and encourage~ many young women to
choose careers which help improve family and. community, and
WHEREAS, the Girl Scouts of America have fostered the growth of character,
self-r~liance, integrity, development of talent, and love of God and Country, now,
therefore, be it
P~ESOLVED that the Town Board of the Town of Southold hereby proclaim the
week of March 10, 1985: as AMERICAN GIRL SCOUT WEEK in the Town of Southold.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILWOMAN COCHRAN: Congratulations girls.
SUPERVISOR MURPHY: Okay, is there any of you girl's would like to say anything?
Tell us about what your projects are or what you're doing? I .don't want to put you
on the spot.
COUNCILWOMAN COCHRAN: Put the leader on the spot.
SUPERVISOR MURPHY: I appreciate your, coming out here to our regular Town
Board meeting and we're glad to have you. You're welcome to stay and see how
your local government works. Okay, if not you're welcome to go at any time.
Thanks again girl's and keep up the good work. -- We need one more resolution
and that's one to approve the minutes of the February 26th meeting.
Moved by~i26uHCil~i~n' Stoutenbu~gh,' seconded by Councilwoman Cochran,' it was
RESOLVED that the minutes of the Regular Meetin9 of the Southold Town Board
held on Eebruary 26, 1985 be and hereby are approved.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
REPORTS I.
SUPERVISOR MURPHY: Moving on to the first item on our agenda, the prepared
agenda that you have, are Reports. These Reports are all on file-with the Town
Clerk and anyone who ~vould like to, check them you may at any time.
I. Water Vending Machine at the Rec Center.
2. Building Inspector's Monthly Report - February, .1985.
3. Annual Financial Report of the Town of Southold ending December 1984.
I would like to, comment that the Town is in very good financial shape. We came
out of.1984 doing very well.
MARCH 12, 1985
4. Town Clerk's Monthly RePOrt r Eebruary 1985.
5. North Fork Animal Welfare Leagge; I_nc- - January and February 1985
reports.,
6. ~.Town Justice Annual Report - Justice Price - 1984'.
7. SzePatowski Associates - monthly report for February 1985.
8. Fishers Island Ferry District - monthly report for January and February
1985.
- 9. Highway Department's monthly report - January and February ,1985.
10. Grant Programs - monthly report for January 1985.
ll.-~'rfown Trustees r~'-monthly report for February :1985.
12. Town Justice Tedeschi - monthly report for February 1985'.
13. Town Justice Price - monthly report for February 1985'.
14. Supervisor!s monthly-budget report for February 1985'.
15. Councilmen's~reports - At this time I would like to ask any of the
Councilmen if they have anything special to report, l'll start on my right. Jay?
COUNCIL~I/~N SCHONDEBARE: Nothing special", Fra~.nk.
SUPERVISOR MURPHY: Joe?-
177
COUNCILMAN TOWNSEND: This has been another busy week of meetings. I know
that all of the Councilpeople have been involved with meetings of various committees.
I have nothing 'further to report.
SUPERVISOR MURPHY: Thank you, Joe. Paul?
COUNCILMAN STOUTENBURGH: One thing which i'f you live any wheres near
Nassau Point you'd be interested in that the Town has had the engineers down
in that area that's always flooded. If any of you know the Lower Road by Triangle
Park we are finally getting that cleared up because we've closed 'on a piece of property
where we'll be able to, catch most of that water and won't have the polluted problem
of having all the water go into the creek. The same is true on Skunk Lane or formerly
Bay Avenue that leads off the Main Road in Cutchogue. Right now there's a pump
running there taking the water out and every time it rains it floods and we are making
progress with that and I hope we'll have that completed by summertime. The only
other thing is on March 1st we went to DEC, Frank and 1, we brouqht our Wetlands
maps there with the corrections on it that we have added and asked them to add the
additional parcels that we are interested in having declared wetlands. As you know
the State has a policy of 12.'4--they will:take care of all those wetlands 12.4 or larger,
anything smaller than that must come from the Town Board to be included and so we
brought that to 'them and we hope they're ,acting on that. In the meantime we're
waiting for their :decision. We also attended a very interesting meeting with most
of the supervisors from Suffolk County and Nassau County in relation to incinerating,
the p._r0__~lCms of incinerating at town landfill§. It sounds like such a wonderful idea
that you-take your garbage and you get steam and energy from it, but I can assure
you it's a very. complicated problem. What do you do with the ash that comes from
this and these problems were discussed and we have hopes in the future.. There's
a new study going to be done that will give us some idea w.here we can take this
ash. You can imagine the frustrations of a municipality trying to comply, trying
to do what's right. They,-set up a mblti-million dollar incinerating machine and
they now have no place to put the ash. They will not permit them to just stockpile
it or put~.it.:~in~a.~town landfill'. So that~is'the basic problem of incineration. Once
that's licked, which we hope in;the near future that will be licked, maybe we can
move~ahead'~on:some:of~these projects. ,That's it, Frank.
SUPERVISOR .MURPHY: _Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN: Yes. I would just like to report that the Housing
Advisory Committee did meet yesterday and the nominating committee presented'-
their recommendations to serve as officers of the committee and presented were
Herb Mandel as Chairman of the Committee, George Wetmore as Vice Chairman and
Loisanne Callis as Recording Secretary. The Town Board will be act4ng on this
recommendation this evening. The only other thinq is they spent most of the meeting
working on the two accessory apartment proposed [aw for accessory apartments. Their
next meeting is scheduled for March 21st at 5:00 P.M. here at the Town Hall. That's
all I have to report.
SUPERVISOR MURPHY: Thank you, Jean. Ray?
JUSTICE EDWARDS: Just that these past few warm weekends we've had have brouqht
the summer residents out to Fishers Island to check up for winter damage and so forth.
There are five new houses being built on the Island this winter and we're Iookinq
forward to the delivery of.our new ferry boat sometime in May or June and I ~ill be
reading some resolutions here later in the meeting where we're paying funds from the
Ferry District to the builder down in Florida. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ray. My report is I've bee~ ~ery, very busy.
One thing I'm very happy to and anyone in'Southold here in particular, I appeared
before the Department of Public Works Committee and the Dredqe Screeninq Committee
178
MARCH 12, 1985
a co~Jple of days ago and we finally did'qet the approval of the '-County to dredqe
Jockey Creek. ! don't know if we're, going to be able to make it before the bridge
is installed, but they are applying for the necessary permits and we have a spoil
area and hopefully this mess that we have in that. creek will be cleaned up. The
Town was responsible for an awful lot of it because of drainage from some farmland
going down on-to Lower Road and underneath Route 25 and we have addressed that.
We've closed on the property to build a sump on Lower Road and we hope this will
take care of alt the drainage and we will not be polluting that creek. We're trying
to make a definite effort to keep all of our creeks clean and to reverse this what's
happening to all the creeks in Nassau and Suffolk County, this pollution from road
runoff and all that. We're working very actively towards it. On Fishers Island we're
goin9 to establish a base station for radio communications with the Police Department.
We're going into a new network to extend our radio system so that we can, in an t,~
emergency, communicate with Fishers Island. Hope it never happens, that they doni ~.
have a major emergency over there, but if they ever do we will be able to communiq ~
Up until now we haven't been able to do anything. I was very happy to have, last~,~t
We~k-;.'a m-eeting, a joint meeting with the Village of Greenport and the Southold
Town Board. I think it's a very good way to get together to discuss, common
problems and so that each one of us knows what the other is 'doing and I think
the relationship between the two boards is much better I'm very happy to say.
il. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the agenda, Public
Notices.
· ~ - 1.~ From our State Senator Ken LaValle, an invitation to attend the opening
of the Suffolk 'lndePending Living Organization at the Medical Park in Suite 11,
Medord, New York on March 22nd. Everybody is invited between 12,:00 and 5:00.
' '2.a~New York State DEC 'Notice of Complete Application by Constantine P.
.Georgiopoulos to-~place clean fill~ construct a one-family home, install a septic
system, at Great Pond, Southold. Written comments to the DEC by April 11, ~1985:.
- 2.b. SEQR Notice of Completion of the Draft Environmental Impact' Statement
by Constantine P. Georgiopoulos, DEC--net-ice. Writt'en comments by April 11, 1985.
3. Suffolk County Board of Health meeting notification, 10:00 A.M., March
13th in:the VIP Room, Brookhaven Gym, that's tomorrow. Anyone want's to go.
We have a representative from our Water Committ'ee attending this ~and will make
some comments for Southold Town. c~ncerning the proposed Article 7 which is most
impor'tant to alt-of'Lo-ng'l'~land, pm'ticL]larly Southold Town.
.......... 4. ..L.0..n.g Island Regional Planning Board project notification and review system i
on a rehabilitation of Elizabeth Airport, Fishers Island. This is a grant we have
and they're looking for any environmental information or if anybody would have any
objection to it 'before it's done.
5. Notice from Dimension Cable Services that they're going to start on their
rebuild construction .on Soundview are in Southold on March 11th and it will take
about two weeks.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: The next item.on the agenda is Communications.
1. From the Cutchogue Library. Very interesting comments. What we did in
Southold Town this year, the money we granted to the libraries for their aid from
our budget, we increased by 10% but we asked them to spend 20% of their allocation
on aid to the handicapped. Very nice comments, very well taken. All the libraries
seem to be very supportive of it 'and it's a very good program. We have a very
actiye Handicapped Advisory Committee in the Town and this is what we're trying
to accomplish to make people more aware and to try to address the needs of those
who need it.
V. RESOLUTIONS.
SUPERVISOR MURPHY: We've got a couple minutes before the next item on the
agenda, the public hearings, so I would suggest we move on to Resolutions. The
first one we were going to have a determination today, but one of our Councilmen
had to be absent because of business and we would like to have additional dis~ussio~
so we're going to hold No. 1 if nobody has any objections. (Decision on the Relief
Petition of Harold Reese and Frederick Reese.)---Number 2 is authorization for a bus
trip.
Moved by Councilman Stoutenburgh; seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
S_enior Citizens Club of Southold Township, Mattituck Unit to engage one bus at
a cost of $120.00 to the Town (the Ciub to pay $200.00) to transport their group
Lo New York City on March 13, 1985, and be it 'further
RESOLVED that the Town Board hereby grants permission to the Club to park
their cars at the Senior/Youth Center, Peconic on the day of the trip.
SUPERVISOR MURPHY: Any questions? (No response.)
2.-Vote of-th~-Town~ BSard:---Ayes: ~r~'ilf~-oman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
MARCH 12, 1985
SUPERVISORMURPHY: Number 3 is another bus trip.
Moved,-by Justice' Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ the
Senior Citizens-Club of Southold Township, Mattituck Unit, to engage one bus at
a cost of $286.54 to the Town (the Club has paid $50.00 deposit) to transport
their group:-to New _York City on April: ~9, 1985, and be it further
RESOLVED that the_~l'own Board hereby grants permission to the Club to park
their cars at the Senior/Youth Center, Peconic on the day of the trip.
SUPERVISOR MURPHY: Any questions? (No response.)
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~a trailer permit renewal.
4. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the application of Florence Steiner for renewal of single family
house trailer permit, for trailer located at right-of-way off southeast side of Main
Road, Mattituck, New York, which permit expires on March 12, 1985, be and herel~y
is granted for a six (6) month period.
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 goin9 to hold because the enabling legis-
lation, the corrected enabling legislation has not been drawn up. We hope to have
it for next weeks, vote. (Introduction and enactment of a special law entitled, "AN
ACT authorizing the Town of Southold, Suffolk County, to establish a land acquisition
fund and also authorizing said Town to impose a real property transfer tax with
revenues from said tax to be deposited in the land acquisition fund."--Number 6 is
to authorize' signing an agreement on the New York STOP-DWI Program.
- 6. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, 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 County
of Suffolk and the Town for participation in the New York State STOP-DWI Program
~ for fiscal year ,1985, and the Town is thereby eligible for $6,000.00 for the purpose
of enhancement of these enforcement services.
SUPERVISOR MURPHY: Any questions? (No response.)
6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman, Schondebare,
Councilman Stoutenburgh' Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPE~V.!__S_QR_~MURPHY: Number 7 is to appoint Fishers Island Harbormaster.
Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby al?points John
Clavin; Fishers Island, New York, as Harbor Master for the waters in and around
Eishers Island, effective immediately through December 31, 1985; Mr. Clavin to
serve in 'this caPacity without, compensation.
.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.
:Th_.!~ '~_e_solution was
SUPERVISOR MURPH~ Number 8is:to execute an agreement between the Town
and John Clavin from Fishers island.
8. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
and John. Clavin; Fishers Island, New":York to perform services as a part-time Bay
Constable for the purpose of patrolling the waters in and around the Town of
Southold, at a'{otal compensation of $1,000.00, effectiv'e immediately through
December 31, 1985:, the Town to pay all expenses .for fuel required for the
operation of the boat of Mr. Clavin while performing services for the Town
during the term hereto.
8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
~ouncilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to execute an agreement between the Town
and Steve Malin0wski from Fishers Island.
9. Moved by Justice Edwards, seconded by Councilwoman Cochran, it :was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
and Stephen Malin0wski, Fishers Island, New York, to perform services of Assistant
Bay Constable for the purpose of patrollin~ the waterways in and about the Town
of Southold, at a total compensation of $1,000.00 for the period June 15, :1985 through
September 15, 1985.
9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murp~.
This resolution was declared duly ADOPTED. ·
SUPERVISOR MURPHY: Number 10 is to accept a bid'on police uniforms.
10. Moved by CoUncilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby .accepts the bid
of'Manno-Uniform and Security Equipment Corp., Seaford, New York,-for furnishing,
to the Town of Southold Police Department Uniform Clothin9 for fiscal year 1985' at
the following per item prices:
Winter Coat - $89'.95; Spring/Fall Jacket - $39.'95; Cardigan Sweater - $27.00;
Winter Gloves - $16.75; Winter Cap - $8'.~5; .Summer Cap - $8.95; Long Sleeved
Shirt - $21:. 95; Short Sleeved Shirt - $19.80';' Tropic~il Trousers - ~29.95; Ail Year
Trousers - $.3~.95; ElastiqueTrousers - $29'. 85';' plus the following oversize' charges:
Trousers z14-48 - 10%, :50-52'.~ 20%, 54-_56 , 30%; Shirl~s long sleeve 18-;19- 10%,
20 - 20%; Shirts Short sleeve XXIg - 10%, XXXIg - 20%; Coats and Jackets 48-50 -
10%; 52-54_-..20%, 56,_- 30%.
SUPERVISOR MURPHY: Any questions? (No response.)
£,'_ ~F:. '~SU?. L~.i~'':~ .~:.~' ~...~ ....
JO.-Vote of the Yown Board: Ayes: Councilwoman Cochran, Councilman Schondebare, -Councilman Stoutenburgh, Justice Edwards~ Councilman Townsend. ~ .... ~"~' '~.l
SUPERVISORMURPHY?~J.~-have a questior~ on it. ! just saw it now. But I will
say: Yes, and if it's a problem on low bid~-I don't know if ~we have a Iow bid~
COUNCILMAN SCHONDEBARE: That's what I'm looking at to.
S.UPERVISOR.~MURPHY: ~Where he took exceptions, on.. size'.
q
COUNCILMAN STOUTENBURGH: I thought you said it was lower than the other one.
SUPERVISOR MURPHY: It is; but I didn't figQre out where he took exceptions.
TOWN CLERK TERRY: For over-size.
COUNCILMAN TOWNSEND:
SUPERVISOR MURPHY:
TOWN CLERK TERRY:
SUPERVISOR MURPHY:
But he was significantly below the others.
Yes, but he's looking for 30-40%. Let's look into it.
! don't think we have anybody that wears sizes lik~ that.
I hope not.
COUNCILMAN SCHONDEBARE: They ought to be'out there running if they're
that big.
TOWN CLERK TERRY: size 56?
SUPERVISOR MURPHY: I hope they're not our policemen.
10.-This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like a resolution to recess for the scheduled~.~
public hearings.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of
holding the followinq public'hearings:
-8:00 P.M. - "A Local Law to amend the Zoning Code in relation to dwelling
unit 'density.
:' ..~:8:-05 P.M;'~ "A-Local'kaw in"relation to a partial' real property 'tax--e-~i~;~'ion
for senior citizens."
' 8:10 P.M. - "A Local I~aw in relation to building set-back requirements on lots
adjacent to water bodies and wetlands."
Vote of the Town Board: .-Ayes;.....Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
MARCH 12, 1985
181
11.
M~eti r~o~- re~c0nvened at 8 :'S0 P.,'M ~ :-
SUPERVISOR MURPHY: The next resolution is Number 11, a lead agency in a zone
Lchange.~ S~ · ,,,:.,i,, - - ~ ,-,
Moved by Justice Edwards, seconded by Councilman Stoutenburqh, it was
RESOLVED'that the Town Board of the Town of Southold hereb~ declares itself
lead agency in regard to the State Environmental Quality Review Act in the matter
_of the petition of Meadow Far,ms Associates for a Change of Zone from "A" Residential
a¼d 'AgriCultural District'-to "M" Light Multipl~ Residence Dis~rlct on certain property
located ~-~ {he w~sterly Side of Main Road (N.Y.S. Route 25), south of Tucker Lane,
Southold, New¥ork. -:
.SUPERVISOR MURPHY; Any questions? (No response.)
ll..-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman' Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
12.
12.
13.
SUPERVISOR MURPHY: Number 12 is to transmit this petition.
Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, a petition has been received from Meadow Farms Associates requesting
a Change of Zone from "A" Residential and Agricultural District to "M" Light
Multiple Residence District on certain property located on the west side of Main
Road (N.Y.S. Route 25)', south of Tuckers Lane, Southold, New York,. now,
therefore, be it
RESOLVED that the Town Clerk be and she hereby is directed to transmit 'said
petition to the southold Town Planning Board and Suffolk County Department of
Planning, all in accordance with the S~uthold Town Code and Suffolk County Charter.
SUPERVISOR MURPHY: Any questions? (No response.)
-Vote,of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilnian Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED'
SUPERVISOR MURPHY: Number 13 is to seek proposals for the cleaning of the
uniforms of our Police Department.
Moved by Councilman Schondebare, seconded
RESOLVED that the Town Board of the TownboYf Councilr~an Stoutenburgh, it was
Southold hereby authorize~ and
directs the Town Clerk to seek proposals for the cleaning of the uniforms of the
members of the Southold Town Police DePartment for the-period from May 1, ,1985
through April 30, 1986.
13.-Vote Ofth~ Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilndan ToWnsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. - -
SUPERVISOR MURPHY: Number 10, is a proposed Local Law for mooring fees on
Fishers Island.
14.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 3:30 P.M.,
Tuesday, March .26, :1985, Southold Town Hall, Main Road, Southold, New York,
as time and platte for a public:hearing on a proposed Local Law entitled, "A Local
Law in Relation to moorih~ permit fees," which reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town 'of Southold as follows:
(additions indicated by underline; deletions by [brackets].)
Chapter 32 of the Code of the Town of Southold is 'hereby amended as follows:
1. Section' 32-39/2 B (3) of Article lll'(Mooring Permit Fees in'West Harbor)
---;: ,is 'hereby-amended to read as follows-: '
size' of Boat Permit Fee
- .-. -;:Up to 25 'feet ' ':'- $ :10.'00
'26 feet to 35 feet
"-"-"-~ --" Over 35~feet ;.c-
All nonresidents [ 50.00] 100.'00'
2._This 'Local Law shall take effect upon its filing with the Secretary of State.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN STOUTENBURGH: None, but a comment. In Southold Town waters
over on the mainland the permit fee is:$5.00 for any size' boat.
COUNCILMAN SCHONDEBARE: But this is Fishers Island. I mean we're not talking
about'anything here. This is Fishers Island. Right, Judge?
182 MARCH
JUSTICE EDWARDS: No. It all. come about because the Town didn't want to buy
two garbage dumpsters. The figi~red the only way they could do it was to increase
the fees and of course these mooring fees come right back in here to the Town. We
don't see them on Fishers Island. One way or another we see them, but the increase
will"go right in the Town coffers and now we'll get our garbage dumpsters over there
to pica up the garbage that these nonresidents, come over and come ashore, typical
saill~ater like Mr. Stoutenburgh, they get two gallons of gas, fifty gallons of water,
wash their;boat down, leave five bags of garbage and they leave maybe twenty-five
cents on the Island.
COUNCILMAN STOUTENBURGH: Seeing I have been alluded to, 1 think I should say
i do visit your harbor occasionally. I do not use any washing facilities and never
have---on my boat.
COUNCILMAN SCHONDEBARE: Okay. I'm sure the public'wants to know that.
COUNCILMAN STOUTENBURGH: And I am a resident of Southold Town, so I should
have some rights over there, right?
SUPERVISOR MURPHY: Yes.
COUNCILMAN SCHONDEBARE: I'm glad I started this conversation.
SUPERVISOR MURPHY: Okay, is there any other'comments? (No response.)
14.-Vote of the Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution was declared duly
Councilwoman Cochran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
SUPERVISOR MURPHY: Number 15 is to accept a Letter of Credit for a subdivision.
.15. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves and
accepts Letter of Credit ~in the amount of $250,000.'00' posted as a bond for roads
and improvements in .the subdivision known as "Homestead Acres" located at Greenport,
N'~W':~o ~k:~- ...... -:- ~- ..... : .............
15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare~ ~""'~
Councilman Stoutenburgh, Ji3~{iOe Edwards, Councilman Townsend, Supervisor Mu~pi!
This resolution was declared__d_uly ADOPTED.
SUPERVISOR MURPHY:- Number -16 is~to create a position of Recreation Supervisor.
16. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED .that the Town Board of the Town of Southold hereby creates the positioh
of Recreation Supervisor and sets the salary for same at $~8,000.00, and be it further
RESOLVED that the Supervisor be and he hereby is :authorized and directed to request
the Suffolk County .Department of Civil Service to submit a current Lis~ of Eligibles
for this Town position.
SUPERVISOR MURPHY: Any questions? (No response.)
16.-Vote of the Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution was declared duly
Councilwoman.: Coch'ran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED~
SUPERVISOR MURPHY: Number :17 is to declare lead agency.
17. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, 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 application of Suffolk Cement Precast, Inc. for a permit 'for a sand and gravel
pit operation at the west side of COX'S Lane and south side of Oregon Road, Cutcho~,
New York. ~ i ~
17.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, i~1
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is ~o approve the amount of a bond on a subdivison.
18. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the amount
of $48,000.00 for a bond for the remaining improvements within the subdivision of
"Woodbine Manor" located at Cutchogue, as recommended by the Southold Town
Planning Board and Professional Engineer Lawrence M. Tuthill.
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 ~9 is'a traile'r permit renewal.
19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the application of Martin Sid0r for renewal of a single family house
trailer permit,' for trailer located at the south side of Oregon Road, Mattituck, New
York, which permit expi.res on March 23, 1985', be and hereby is 9ranted for a six
(6) month period.
SUPERVI. SOR MURPHY: Any.questions? -{No response.)
.19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supe~¥!s0c Murphy.
This Yesolution was declai~e~-~]~--~l~OP'~-i~-I~[
20.
SUPERVISOR MURPHY: Number~20'-is"a decisiOh on-a propo'sed-zohe'change;
Moved by Councilman Townsend, seconded by Councilman Stoutenburgh,
WHEREAS,"Reynold F. Blum, by petition dated May .29/ :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 Disl~ricl~ ~o "B-I"
General Business Disl!rict, and
WHEREAS, said petition was referred to the Southold Town Planning Board and-
Suffolk 'County Department',of Planning for 'official' recommendation and report, and
_WHEREAS,. t.he.. T_gwn Board, pursuant to due notice held a public hearing thereon
on the 18th day of December, :1984, at 7:30 P.M., at which time all itnerested persons
were given an opportunity to be heard, now, therefore, be it
RESOLVED that Reynold F. Blum be and hereby is'denied the relief demanded in
said petition for the following reasons:
...... ~1. _T_.he_ r~gqe_ste~ change of zone is not. consistent with the present Southold
Town Master Plan.
2. It has not been demonstrated to the Town Board that there is a need for
additional "B-I!' General Business Disiricl~ in-said'location;,
SUPERVISOR MURPHY: Any questions? (No response.)
20.~-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is'to purchase seed clams.
21. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ the
purchase of the following seed clams from Aquacultural Research Corporation,
Dennis,' Massachusetts; said seed. clams to be paid from Community Development
and Suffolk 'County Planning Grant funds:
250,000 R-3 (z~-5 mm.) seed clams at $1'5.00 per 1000 .... Total: $3,750.00
June, '1985 delivery.
100,000 R-12 (16-25 mm) seed clams at $45.00 per 1000 .... Total: $4,500.00
October, 1985 delivery.
21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is a resolution to approve a bond resolution for
the purchase of a mobile road sweeper.
22.
Moved by Supervisdr Murphy; ~seconded by 'Justice Edwards,
BOND.RESOLUTION OF~_:THE TOWN .OF SOUTHOLD, NEW YORK, ADOPTED MARCH
12, 1985, AUTHORIZING lA) ACQUISITION OF A NEW DIESEL POWERED MOBILE
ROAD SWEEPER, AND lB) TRADE-IN OF THE :1974 ROAD SWEEPER OWNED BY
THE TOWN AND APPLICATION OF THE' $5,000 TRADE-IN VALUE TOWARDS THE
COST OF SUCH MOBILE ROAD SWEEPER FOR USE BY THE TOWN, STATING THE
ESTIMATED MAXIMUM COST THEREOF, INCLUD.ING SAID TRADE-IN VALUE, IS
$80,000, APPROPRIATING SAID AMOUNT THEREFOR, LESS TRADE-IN VALUE,
AND AUTHORIZING THE ISSUANCE OF $75,000 SERIAL BONDS OF SAID TOWN
TO FINANCE THE BALANCE, OF SAID APPROPRIATION AFTER DEDUCTING SAID
TRADE~IN ,VALU E~.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Town of Southold, in the County of
Suffolk~.New York (herein called "Town"), is hereby authorized _to
(A) acquire by purchase a new diesel powered mobile road sweeper,
and (b)'trade-in the 197~ road sweeper owned by the Town and
apply the $5,000 trade-in value towards-the cost of such mobile
'-3road sweeper' for use~by the. Town.
The estimated maximum cosn of
said specific object or purpose, including trade-in value,
preliminary costs -and costs incidental thereto and the financing
thereof, is $80,000 and said amount, less said trade-in value, is
hereby appropriated therefor. The plan of financing includes the
issuance of $75,000 serial bonds of the Town to finance the
balance of said appropriation, less said trade-in value, 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 same shall become due and payable.
Section 2. Serial bonds of the Town in the principal
amount of $75,000, 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 the balance of said appropriation after
deducting said trade-in value.
_Sec~tioD. 3'.. -~:~Tt~..fot_low.~i_ng add_itional matters 9re hereby
determined and declared:
(a) The period of probable usefulness of said specific
object or purpose for which said $75,000 serial bonds authorized
pursuant to this resolution are to be issued, Within the
limitations of Section 11.00 a. 32 of the Law, is five (5) years.
(bi 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. 5 of the Law.
.(c) The propcsed maturity of the bonds authorized by
this resolution wil.1 not exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes 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
notes issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real 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
MARCH 12, 1985
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.
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 and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein.authorized and of any bond anticipatio~ 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~__m~?e..contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
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
~bJ~9~_t0_ the pTpyisions of this resolution
(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 §8!.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. ~: ~'-~ : : ~ ~
SUPERVISOR MURPHY: Any questions? (No response.)
22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, 3ustice Edwards, Councilman Townsend, Supervisor Murphy.
SUPERVISOR MURPHY: Number 23 is a trailer renewal.
23.
Moved by Councilman Stoutenburgh~ seconded by Councilwoman Cochran, it was
RESOLVED that the application of Sophie T. Saunders for renewal of a single
family house trailer permit, for trailer located at the north side of Main'Road,
Laurel, New York, which permit expires on April 7, :1985, be and hereby is
9ranted for a six (6) month period.
SUPERVISOR MURPHY: Any questions? (No response,)
'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: Number 24 is to authorize' me to execute a l~emorandum of
Understan?ing.
24.
Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ and
directs Supervisor Francis J. Murphy to execute a Memorandum of Understanding
between the Suffolk County Department of Labor and the Town for the :1985: Summer
Youth Employment and Training Program, at no cost to the Town, for the eight
week period beginning June 24, 1985 and ending August 16, :1985',
24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards; Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is 'to appoint gate attendants.
25.
Moved by Councilman Townsend, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as Gate Attendants at the Landfill, effective immediately,
at a salary of $5.00 per hour: Doris M. Marczewski, Daniel'W. McKenna, Arthur
Lane.
25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murp~-;.~
This resolution was declared duly ADOPTED. ~
SUPERVISOR MURPHY: Number 26 is'to appoint Home Health Aides. ~i
26.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as Home Health Aides at the Southold Town Adult Day Care
Center, effective immediately, at the following hourly rates of pay:
Mary Ewell
Marion Gordon
Elizabeth Hamma
Arie Kearse
....... Louise Macomber
Marion O'Connor
Carolyn Smith
Faith Tiner
26.-Vote of the 'Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution wa-s-de~cl~red duly
'$3.35 per hour
'$3.35 per hour
$4.:50 per hour
'$3.35 per hour
'$3.35 per hour
$3.35 per hour
$3.35 per hour
$4.~50 _per hour
Councilwoman Cochran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
SUPERVISOR MURPHY: Number 27 is to execute an agreement with the Court Clerk.
27.
Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Boa_rd.o.f the Town of Southold hereby authoiri'zes and
directs SupervisOr' Francis~J. Murphy to execute an agreement between the Town
and Myrtle Kiefer, Certified Court Reporter, to provide court reporting services
to the Southold Town Justice Court, effective January 1, 1985: through December
31, ~1985, under the following terms and conditions:
1..The fees for Morning Session services shall be: $65.00 for an initial'
ap~oearand~. ', If there ~is:~a heed fob an afternoon session, the .fee will b~e $35.00
for'an'ysf0ur h-o~d~ se-~sion or part thereof.
2. The fees for Evening Session services shall be: $65.00 for an initi~l'
appearance. If this session exceedsi'.four~.hours, ]the fee will be' $35.~00 for any
additional four hour.., session or .part thereof. .
3. Fees for a Jury Trial',-folIowing a regular daily session will be treated
as .an initial appearan¢~e under the same terms and conditions as stated above.
4. There shall be a $35.'00 appearance fee if a jury trial is cancelled, unless
fo~t.y.~e, ight (48) ho~r~s~ notice has been given.
5. Ifa Friday court session is :cancelled there will be a fee of $50.00.
6. There will be a $2,.00 per page fee for any transcript of proceedings
required by the Southold Town Justice Court.
MARCH 12~ 1985
,187
COUNCILMAN SCHONDEBARE: I'd ~ike,,to say we got a request by Judge Tedeschi
that this 'be approved.
26.
SUPERVISOR MURPHY: Yes. Jay, this. came about from the auditor. We've been
in a fight, so to speak, with the DA about who was going to pay for the Court
Clerk and we never had an agreement. We need an agreement for the auditor.
This is what this 'is'doing.
-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 28 is Fishers Island Ferry Disirici to repair the
ferry. '
28. Moved by Justice Edwards, seconded_by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District~ to advertise
for bids for drydocking of the M/V MUNNATAWKET for periodic inspection,
necessary repairs, and refurbishing of the vessel's underwater body.
28.-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 29 is to allocate additional funds for proposed
engineering services.
29. Moved by 'Justic~ Edwards, seconded, by Councilwoman Cochran,
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District by its
resolution of October 27, 1983, and Southold Town Board resolutioh of November 3,
;1983,-engaged the firm of Sparkman & :Stephens, Inc. to provid~ naval architect
services iL' f(~rmulating specifications, revi'ewing builder pl'ans, a'r~l inspecting ~
vessel under, constrpction at an estimated cost of '$30,'000.'00, and
WHEREAS, services received from Sparkman & Stephens will now exceed the
original estimated, cost by dat~ of delivery of a new vessel, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to allocate additional
funds in the amount of $10,000.'00 for, continuinq utilization of the services of
Sparl~man &-Stephens-until the vessel under, co6struction at Eastern Marine, Inc.,
Panama City, Florida has been completed and delivered. - ~ '
29.-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 30 is to advertise for bids for construction of new
mooring facilities in Connecticut.
30. Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, the impending delivery, of the M./V RACE POINT to the Fishers Island
Ferry Dist~rict from Eastern Marine, Inc. and the replacement of M/V OLINDA by
M/V RACE POINT will'necessitate the construction of new mooring facilities at
New London, Connecticut, and
WHEREAS, plans and specifications for a "New Ferry Docking Facility - New London
Harbor - New London, Connecticut" have been prepared by DiCesare-Bentley Enginers,
Inc., Suite 3, Century Professional Center, 100 Fort Hill'Road, Groton, Connecticut
06340, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board.
of Commissioners of the Fishers Island Ferry District to advertise for competitive bids
for the construction of aforesaid new mooring facilities as per specifications.
30.'-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 31 is a change order Addendum No. 2 to the
ferry contract.
31.
Moved by Justice Edwards, seconded by Councilman Townsend,
WHEREAS, a contract, under date of July 30, 49841, exists between the Fishers
Island Ferry Disl~rict and Eastern Marine, Inc.. of Panama City, Florida for the
construction and delivery of a 162 ft. passenger/auto ferry vessel in accordance
with Sparkman & Stephens Design 2476-1, Alt. A (rev. 3/9/84) and SpecifiC~itions
No. 2476 dated 3/;19/84 and Supplement to Specifibations No. 2476 dated 3/:19/84, and
WHEREAS, said contract has been amended by Addendum No. I to Supplement to
Specifications No. 2L~76, now, therefore, be it
RESOLVED that the Town Board of the Town of Southol~l hereby authorizes the
Board of Commissioners of the Fishers Island Ferry. Districf to execute a change.
order to said:contract to be entitled, "Addendum No. 2 to Supplement to Specifi~atioh. s
No. 2~476, 162 ft. Passenger/Auto Ferry" to provide for several changes to .the
specifications as originally ~ritten at a net cost of $3, 184; 00.
31.-Vote of the Town Board: Ayes: CeL~ncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edw~,~ds, Councilman Townsend, Supervisor Murphy.
This resolution was. declared duly-ADOP¥'ED.
SUPERVISOR MURPHY: Number 32 is to authorize' Officer Bannon to attend a
conference.
32. Moved bY-Supervisor Murphy; seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ Police
Officer Dennis Ban~on to attend the Third Annual New York State Governor's
Conference on Crime Prevention to be held at Albany, New York on April, 9, 10,
11, .1985, and the actual expenses for conference fee in the amount of $105.00, and
expenses for lodging, meals and transportation shall be a legal charge against the
Police,.D_ep~r_tment.B udget. _ .' ~ ,~ .~
SUPERVISOR MURPHY: Any questions? (No respqnse.)
32.~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' '33 is to authoriz6' Office Charters to attend a
conference.
'33. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southoli:l hereby authorize~ Police
Officer Beth Charters to attend a two day conference on Child Sexual Abuse at
Fordham University of Law, New York City, on March 28 and 29, .1985:, and the
actual expenses for conference fee in the amount of $75.00, and expenses for lodging,
meals and transportation shall be a legal charge against the Police Department Budget.
'33.-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' 34 is to set a public hearing on a proposed Local
Law.
34.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 3:35 P.M.,
Tuesday, March 26, 1985; Southold Town Hall, Main Road, Southold, New York as
time and place for a public hearinq on a proposed Local Law entitled, "A Local Law
to amend the Town Wetlands Ordinance-in relation to definitions, administration,
enforcement and action on applications," which reads as follows, to wit:-
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 97. of the Southold Town Code (Wetlands) is hereby amended as
follows: (additions indicated by underline; deletion by [brackets])
I. The term '~'Tidal Waters" set forth in Section 97-13 thereof (Definitions)
is hereby amended to read as follows:
TIDAL WATERS - All waters bordering on or within the boundaries of the
Town of Southold subiect to fluctuation in depth from peak lunar, storm
or normal tidal action, and including, but not limited to all brackish and
-s-~lt'wate~-s-of"streams,' ponds, creeks, estuaries, bays,-' sounds and inlets.
11. -The term "Wetlands" ~set forth in Section 97-13 thereof (Definitions) is
'hereby amended to read as follows:
WETLANDS:
A. Tidal Wetlands.
(1)
(2)
All lands generally covered or intermittenly covered with, or
which border on tidal waters, .[and upon which salt meadow
grass (Spartina patens) and/pr cord grass (Spartina alteniflora)
grows or is capable of.being grown], or lands lying beneath tidal
waters, which at mean low tide, are covered by tidal waters to
a maximum depth offive (5) feet; including, but not limited
to banks, bogs,.sa~t marsh, swamps, meadows, flats or other
Iow lying lands subiect to tidal action; and/or
Ail banks, bogs, meadows, flats and tidal marsh subiect to such
tides, and upon which grows or may grow some or any of the
following: salt hay, black grass, saltworts, sea lavender, tall
cordgrass, high bush, cattails, groundsel, marsh mallow, and
low marsh cordgrass; and
MARCH 12, 1985
(3)
189
(b)
All land immediately adjacent to a tidal wetlancl as clet~neo ,n
Section 97-13A(2)~and lyin'g-withih seventy-five (75) feet landward
6f;-the most Iandw~rd edge of such a tidal wetland.
Freshwater Wetlands.
(1) Freshwater wel~lands as defined in Article 24, Title 1, Section
24-0107, Subdivisions l(a] to l(d) inclusive, of the Environmental
Conservation La~ of the State of New York [.]; and
(2) All land immediately adiacent to a freshwater wetland and lying
within seventy-five (75) feet landward of the most landward edge
of a freshwater wetland.
III. Section 97-20 [Permit required) thereof is hereby amended to read as
follows:
A. Permit required
Notwithstanding any prior course of conduct or permission granted,
no person shall conduct operations on any wetlands in the Town of
Southold unless he shall first obtain-a written permit therefor issued
by authority of the Trustees as hereinafter provided, and only while
such permit remains in effect.
B. Notwithstanding the provisions of subdivision A of this section, the
Trustees may, by resolution, waive the requirement of a permit with
respect to lands immediately adiacent to wet!ands, as defined in section
97-13A(3) and/or section 97-13B(2), if the Trustees find and determine
IV.
VI.
that no operations are proposed on such lands, or that t-he operations proposed
thereon comply with ~the standards set forth in Section 97-28 of this chapter.
Subdivision C of section 97-24 thereof [Action on Application) is hereb, y
amended to read as follows:
Action. [Within thirty [30) days after] after the public hearing
on such application, the Trustees shall either adopt a resolution
directing the issuance of a permit or adopt a resolution denying
the application therefor. A resolution directing the issuance of
a permit may be adopted only if the Trustees find that the
proposed operations will conform' to the standards set forth in
section 97-28 hereof. If the Trustees adopt a resolution denying
an application for a permit, the reasons for such denial shall be
set forth in such resolution, lin the event that the Trustees
shall fail to act on such application within the time prescribed
herein, such application shall be deemed to have been approved
and the Clerk shall issue a permit authorizing the operations
applied for.]
Section 97-30 thereof (Enforcing Officer) is hereby amended to read as
follows:
Section 97-30- Enforcing officer
It shall be the duty of the [Building Inspector] Bay Constables (hereinafter
referred to as the "Bay Constable" to administer and enforce the provisions
of this Chapter.
Subdivisions A, D and E of section 97-31 thereof [Notice of Violation] are
amended to read as follows:
Section 97-31. Notice of Violation
Whenever the [Building Inspector] Bay Constable has reasonable
grounds to believe that operations regulated hereby are being
conducted in violation of the provisions of this chapter or not in
compliance with a permit issued pursuant to this chapter, he may
notify the owner of the property, or the owner's agent or the person
performing such operation,s, to suspend all operations, and any such
person shah forthwith cease operations until such notice of violation
has been rescinded.
The [Building Inspector] Bay Constable may extend the time of
compliance specified in the notice of violation where there is evidence
of intent to comply within the time specified and conditions exist which
prevent immediate compliance.
In the event that the person upon whom a notice of violation ha's been
served shall fail to comply with said notice within the time specified
190
MARCH 12, 1985
therein or within the time specified in any extension of time issued
by the [Building Inspector] Bay Constable, any permit issued to such
person pursuant to this chapter shall be deemed revoked.
Vii. Subdivision A of Section 97-33 thereof [Penalties for offenses) is hereby
amended to read as follows:
Section 97-33. Penalties for offenses.
For each offense against any of the provisions of this chapter or any
regulations made pursuant thereto, or failure to comply with a written
notice or order of any [Building Inspector] Bay Constable within the
time fi~xed~:fo.r compl~i~ance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who
shall fail to comply with a written order or notice of any [Building
Inspector] Bay Constable shall, upon a first conviction thereof, be
guilty of a violation punishable by a fine of not exceeding five huhdred
dollars [$500.) or imprisonment for a period not to exceed fifteen' (15)
days, or both. Each day on which such' violation shall occur shall
constitute a separate, additional offense. For a second and subsequent
conviction within eighteen (18) months thereafter, such person shall
be guilty of a violation punishable by a, fine not exceeding one thousand
five hundred dollars ($1.500.) or imprisonment for a period not to
exceed fifteen (15) days, or both such fine and imprisonment.
....... _Vi 1~I. T_his _L_~c~aJ..L_a_w__s_hall' .t_ak_e- effe_c.t u_p_gn_. !t.s_ filing ?i~t_h t_he- s_ ecf_et__ary of ._St_a~?. _
34~-Vote of the Town Board: Ayes: Councilwoman Cochran, Cour, cilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number' 35 is 'to appoint a special bay constable in Mattituck
C reek.
35.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Vernon G.
Wermelinger. Mattituck, New York, as a Special Bay Constable for the Mattitock Cr~
effective Ma'~ 15, :1985 through September I0, ,198~5., at a salary of $7.50 per hour,
tim~ Charge of a maximum of $75.00 for servicing his'outboard motor; he!
plus
a
one
to supply~ his own boat, motor, traile'r, the Town to supply the gas.
COUNCILMAN SCHONDEBARE: I have a question. Is'the same gentleman that we
did last year?
SUPERVISOR MURPHY: Yes.
COUNCILMAN SCHONDEBARE: Retired Nassau County cop?
-SUPERVISOR MURPHY: Yes, Jay.
COUNCILMAN SCHONDEBARE: What did we pay him~last year?
SUPERVISOR MURPHY: Same.
COUNCILMAN SCHONDEBARE:
last year?
SUPERVISOR MURPHY: No.
Did we give him the $75.'00 to overhaul his 'boat
TOWN CLERK TERRY: That's the only difference, and he starting a little bit
earlier. / ~
COUNCILMAN SCHONDEBARE: Okay. thank you.
35.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
36.
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was decl~re~ ~,uly ADOPTED.
SUPERVISOR MURPHY: Number .36 is ~o adopt Local Law No. 2.
Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy,
WHEREAS. a proposed Local Law No. 2 - :1985' was introduced at a meeting of this
Board held on the 5th day of February. ,1985. and
WHEREAS, a public hearing was held thereon by this Board on the 26th day of
February, :1985:, at which time all interested persons were given an opportunity to
be heard theroen, now, therefore, be it
191
MARCH 12, 1985
RESOLVED that Local Law No. 2 :--'~19857be enacted as follows:
LOCAL LAW' NO. 2 - ,1985
A Local Law in relation to electing a retirement incentive
program as authorized by Chapter 665, Laws of 198~1, for
.eligib[e employees of the Town of Southold
BE IT ENACTED by the Town Board of the Town of Southold, New York, as follows:
Section 1. The Town of Southold hereby elects to provide all its eligible
employees with'a retirement incentive program authorized by Chapter 665, Laws of
:1984.
Section 2. The commencement date.of the retirement incentive program will be
May 1, :1985.
.Section 3. The open period, during which eligible employees may retire and
receive the additional retirement benefit, shall be 50 days in length.
Section 4. The .actuarial' present value of the additional retirement benefits
payable pursuant to the provisions of this local law shall be funded over a five
year period. The amount of the annual-payment in each of the fiv~ years shall
be determined by the Actuary of the New York State Employees' Retirement System,
and it :shall be paid by the Town of Southold for each employee who receives the
retirement benefit~ payable under this local law.
Section' 5. This .act shall take effect immediately.
SUPERVISOR MURPHY: Any questions on it?'
COUNCILMAN STOUTENBURGH: It's a one-time thing.
36.-Vote of the Town Board: Ayes: Councilwoman Cochran,'Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Council-
man Townsend: I'm going to abstain'on this., ! don't have the information in order
to make a decision.
This resolution was declared duly ADOPTED.
37.
SUPERVISOR MURPHY: Number 37 is a transfer of funds.
Mo~)'ed by Councilman .Stoutenburgh, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board. of the Town of Southold hereby authorizes the
followincj, transfer within the General Fund Whole Town 1985: Budget:
From: A962 - Budgetary Provisibns for Other Uses $10,000.00
A;1990.,4 - Contingent $ 5,000.00
Total: $15,000.00
Into: A1~,40..4 - Engineer $15,000.00
to provide the necessary moneys needed to hire an enqineerin~ firm to conduct
an Engineering Overview Study Establishin9 a Municip~.l Electric Utility in the
Town of Southold.
Table
~37.
40.
SUPERVISOR MURPHY: Any questions?
Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that Resolution No. 37 be and hereby is TABLED.
-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
-~J't]~tice Edwards, Councilman Townsend. No: Councilman Stoutenburgh, Supervisor
Murphy.
This '-resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At ~his~timi~ we are not able to offer No. 38 ~nd 39.
(No. 38 - Agreement with R. W. Beck and Associates to conduct an Engineerincj
Overview Study Establishing a Municipal Electric Utility.) (No. :39 -Make applic~i-
tion to PASNY for a contract allocation of ten ,megawatts of hydroelectric power
and energy.)
SUPERVISOR MURPHY: Number 40 is to appoint officers of the Housing Advisory
Committ'ee.
Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Herbert
Mandel, Chairman of the Southold Town Housin9 Advisory Committee, George Wetmore,
Vice Chairman, and Loisanne Callis, Recording Secretary, effective immediately through
December 28, 1985.
COUNCILMAN SCHONDEBARE: I don't remember seeing any communications. Is this
something that came out of the Housing Committee that you guys agreed to?
COUNCILWOMAN COCHRAN: It's a recommendation of the Committee.
SUPERVISOR MURPHY: They just met yesterday.
COUNCILWOMAN COCHRAN: They met last night at 5:00 o'clock, Jay, and the
nominating committ'ee came in with these names.
COUNCILMAN SCHONDEBARE: They all agree to them?
COUNCILWOMAN COCHRAN: The nominating committee presented them, the committee
voted to recommend to this-Board the appointment of these people. Their decision.
SUPERVISOR MURPHY: We could appoint anyone you want.
40.-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: Want to adopt the Local Law on the Senior CitiZen Exemption
at this time?.
COUNCILMAN SCHONDEBARE: I'I1 go along with that. (The other Board members
agreed. )
41.-Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, a proposed Local Law No. 3 - :1985: was introduced at a meeting of this
Board held on the .26th day of February, 1985:, and
WHEREAS.;,-.~a..public ~hearing Was held thereon by this Board on the 12th day of
M~rch,' :1985, at which time all interested persons were given an oppOrtunity to be
heard thereon, now, therefore, be it
RESOLVED that Local Law No. 3 - :1985 be enacted as follOws:
.... LOCAL LAW NO. 3- :1985
:-.--~- , .-: ..... A Local Law in relation to a partial' real
...... property tax exemption for Senior Citizens
BE IT ENACTED by the Town .Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets])
Art cie I of chapter 85 (Senior citizen Exemptions) of the Southold Town Code
-is~amended as follows:
I. Section 85-1 thereof is amended to read as follows:
- ~.'~ectJon 85-1. Partzal exempbon for semor citizens.
(.a.)
Real property owned by one (1) or more persons, each of whom is
sixty- five (65) years of age or over, or real property owned by
husband and wife, one (1) of whom is sixty-five (65) years of age
or over, shall be exempt from town' taxes to the extent of fifty
percent [50%) of the. assessed valuation thereof.. Such exemption
shall be computed after all 'other partial exemptions allowed by law
have been subtracted from the total amount assessed.
II.
(b]
The real property tax exemption on real property owned by
husband and wife, one of whom is sixty-five (65) years of age or
over, once granted, shall not be rescinded solely because of the
death of the older spouse so ong as the surviving spouse is at
least sixty-two (62) years of age.
Subdivisions A. and B. of Section 85-2 thereof are amended to read as
follows:
Section 85-2. Conditions.
No exemption shall be granted:
If the income of the owner or the combined income of the owners of
the property for the income tax year immediately precedin9 the date
of making application for exemption exceeds the sum of [five] nine
thousand dollars [($5,000.)] ($9,000.). "Income tax year" shall
mean the twelve month period for which the owner or owners filed a
federal personal income tax return or, if no return is filed, the
calendar year. Where title is vested in either the husband or the
wife, their, combined income may not exceed such sum. Such income
shall include social security and retirement benefits; interest;
dividends; total gain from the sale or exchange of a capital asset
which may be offset by a loss from the sale or exchange of a
capital asset in the same income tax year; net rental income, salary
or earnings; the net income from self-employment, but not including
a return of capital, gifts or inheritances. In computing net rental
income and net income from self-employment, no depreciation
deduction shall be allowed for the exhaustion, wear and tear of real
or personal property held for the production of income.
Unless the title of the property shall have been vested in the owner
or one of the owners of the property for at least [sixty (60)]
twenty-four (24) consecutive months prior to the ctate of making
application for exemption; provided, however, that in the event of
the death of either;~a, husband or. wife in whose name title of the
property shall hA~e:'~beer~ ~e§l~ed at the time of death and then
becomes vested solely in the survivor by virtue of devise by or
descent from the deceased husband or wife, the time of ownership
of the property by the deceased husband or wife shall be deemed
,_ ...... ~alsg~a~time of ownership by the survivor and such ownership shall
be deemed continuous for the purposes of computing such period of
[sixty (60)] t_?enty-four (24) consecutive months, and provided
further that, in the event of a transfer by either a husband or
wife to the other spouse of all or part of the title to the property,
the time ownershi.p, of the property by the transferor spouse shall
_~. be deemed also a time of ownership by the transferee spouse and
such ownership shall be deemed continuous for the purposes of
computing such period of twenty-four (24) consecutive months, and
, · provided further that where property of the owner or owners has
been acquired to replace prop,erty formerly owned by such owner or
owners and taken bY eminent domain or other involuntary
proceedings, except a tax sale, the period of ownership of the
former property shall be combined with the period of ownership of
the property for which application is made for exemption and such
periods of ownership shall be deemed to be consecutive for
purposes of this chapter. Where a residence is sold and replaced
with another within the state, the period of ownership of both
properties shall be deemed consecutive for the purposes of this
chapter.
III. Section 85-4 thereof is amended as follows:
IV.
Section 85-4. Reapplications.
At least sixt~; (60) days prior to the appropriate taxable status
date, the assessing authority shall mail to each person who was
granted exemption pursuant to this chapter on the latest completed
assessment roll an application form and a notice that such
application must be filed on or before taxable status date and be
approved in order for the exemption to be granted. The assessing
authority shall, within three days of the completion and filing of
the tentative assessment roll, notify by mail any applicant who has
included with his application at least one self-addressed, pre-paid
envelope, of,.the approval or denial of the application; provided,
however, that the assessing authority shaH, upon the receipt and
f!ling of the application, send by mail notification of receipt to any
applicant who has included two of such enveJopes with the
application. Where an applicant is entitled to a notice of denial
pursuant to this subdivision, such notice shall be on a form
prescribed by the state board and shall state the reasons for such
denial and shall further state that the applicant may have such
determination reviewed in the manner provided by law. Failure to
mail such appiication form and notice or the failure of such person
to receive the same shall not prevent the levy, collection and
enforcement 'of the payment of the taxes on property owned by such
person.
Notwithstanding any other provisions of this chapter, in the event
that the owner, or all of the owners, of property which has
(b)
received an-~exemption pursuant to this chapter on the preceding
assessment roll, shall fail to file an application for such exemption
on or before the taxable status date, such owner or owners may
file, and the assessing authority shall accept the application,
executed, as if such application has been filed on or before the
taxable status date, if such application is filed with the assessing
authority-on or before the date for the hearing of complaints.
Article I of chapter 85 is amended by adding a new Section thereto, to
be Section 85-5A, to read as follows:
Section 85-5A. Notice
Vo
The assessing authority shall notify, or cause to be notified, each
person owning residential real property in the Town of the provisions of
this chapter, such notice to be sent with each tax bill to such persons,
and shall be in such form and content as shall comply with the
provisions of subdivision four of Section 467 of the Real Property Law.
This Local Law shall take effect upon its filing with the Secretary of
State.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN TOWNSEND: There were some other changes and additions to the law.
Where did those come from? Where did you get the additions reducing the period
from 60 months to 24 months and that sort of thing?
TOWN ATTORNEY TASKER: The original enabling legisl'ation was adopted in 1966
by the State Legisl'ature. We can adopt a Local law granting exemptions but we have-
to follow the State Law. The State Law has been amended ~29' times since then. Sin~e
we're making this one change from $5,000 to ,$9,000 I decided I would put all of the
changes in the State Law into the Local Law so the people could read the Local Law
here and know the entire law.
COUNCILMAN TOWNSEND: In other words, the State Law supersedes ....
TOWN ATTORNEY TASKER: Some time back there was the 24 month and that's
been changed
COUNCILMAN' TOWNSEND: .The 60 month has been changed to 24.
TOWN ATTORNEY TASKER: :_~That's. right, and five to two, and there's been
numerous other changes, so I incorporated them all into our Law in our Code
Book so that if 'anybody wants to know what the State Law is, that's it.: We
have to be con.sistent-with-Ihe-State-Law.
SUPERVISOR MURPHY: Any other questions on this? (No response.)
41.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justic~ Edwards, Councilman Townsend, Supervisor Murphy.
This ~resolution- was_declar-ed_~duly~_ADOPTED
SUPERVISOR MURpHY.;:.].~TI~a{'s' th-e e~d.10f;the_ prepared -agenda and the added-on-to
agenda. Is there any Councilman would like to make any additional comments, starting
on my left? Judge~-Ed.wards'?_~_(Nothingr-thank you.) Jean? (Nothing, thank.you.)
Paul? ' ' - -
:-L '.:, ,: L .~ _. ..... -~_---"..- L...L'.'-'-L',- ~-,-._ .............
COUNCILMAN STOUTENBURGH: Well, I"m thinking very seriously of not traveling
to Fishers Island
JUSTICE EDWARDS: Thank you.
SUPERVISOR MURPHY: Joseph?
(No.)
COUNCILMAN SCHONDEBARE: I'm thinking very seriously of not saitii~g with Mr.
Stoutenburgh if 'he doesn't use the toilet facilitieS. He's never asked me, but if
he does-. ..............
SUPERVISOR MURPHY: Is there anyone in the audiehce would lik6 to address the
Town Board? Anyone at all? John?
JOHN SKABRY, Henrys Lane, Peconic! I feel privileged that l'm able to talk before
this Board. Since the hamlet meetings on the Master Plan were initialled back in
;1983' I guess it 'was, I've been attending meeting and going to public'functions where
there was talk about an airport which is close to my home and I'd like to know if
there's any progress on having a .public meeting, a hearing, if there's been any
communication between the FAA and New York State Department of Transportation.
I met with Supervisor Murphy and he's' only one person on the Board, right after
January, right after the presentation that took place here by the airport proponents
and I was told at that time it Would be at least six weeks, perhaps eight weeks
before the engineer~ Could conclude revising the Study. Sin~e this has really been
a thorn in my side, a burr in my saddle, call 'it what you want, I'd like to know if
any action has been taken by the Town Board since the presentation. Before I
wrote a letter back in,1984 to Congressman Carney because I didn't know where
this airport was coming from and through the Commissioner of the Federal Avial~ion I I
Administration, Eastern Region, Director Joseph Cohalls wrote me that the decision
is made by local offici'als and that since the Site Selection Master Plan includes ~'
public participation process, we suggest that Mr. Skabry and his neighbors participate
int he planning process by attending any public meetings and expressing their
feelings about any proposed new airport site. That's my right under the federal
law and I've done that and I think the people that don't want the airport have been
very patient. Now, on January the 8th the New York State Department of Trans-
portation, Foster J. Beach, wrote a letter to Mr. David C. Spohn at the Town of
Southold Hall here that it said that at this~juncture we belie~,e there is sufficient
information for the Town Board to present the alternate sites to the public. We
recommend that the Town Board schedule a public meeting with the technical
assistance of the consultant to gather public comment on the four alternate sites.
Sites 2, 3, 5 and 6. This letter is in the Town Clerk's Office in the Airport File'.
It was received January 14th in:the Town of Southold. Copies was sent to the Town
Supervisor, Town Board and the Town Attorney. Then he goes over about 25
separate items that he wanted corrected by the engineer, but in the letter he
MARCH 12, 1985
indicates that at this juncture he',s ~.read~,,.~.he .feels as though at this juncture we
believe there is sufficient information for the Town Board to present the alternate
sites to the public. We recommend the Town Board schedule a public meeting. The
Airport Committee which represents the Town and was appointed by the Town Board
in ,1983, Mr. David Spohn wrote a letter to Foster Beach, to the Supervisor, and
this is 'dated February the 1st and in it he states--I don't want to burden you with
all this :letter, but, it. 'says,. "Through your letter of January 8th the New York
State Department of Transportation believes there is :suffici'ent information for the
Town Board to' present the alternate sites to the public:. I would, therefore, believe
that the information is good enough for public, consumption and the four alternate
sites are therefore approved by the New York State Department of Transportation
for selection and comment by the public:" That's February the 4th. Now, February
the 21st in-writing in response to a letter that I wrote to the Commissioner of Trans-
portation of the State of New York, Foster J. Beach, Supervisor of Planning and
Development, wrote me a letter. And this 'is what he says: "Before the Town Board
can make a reasonable judgment in regard to the feasibility study, it is necessary
that the Town's consultant revise his draft report and we have recommended that
the Town hold a public'meeting." Once again he states, "we have recommended that
the Town hold a public meeting. And it's important that all sides of this issue be
aired and that all segments of the Town have an opportunity to voice their opinion
before a decisibn is made. And that in order to end the study the Town must request
that action from the State and the FAA and documented reasons why." Can anyone
tell me why we haven't had the public meeting yet? We have a fine bound copy of
the site Selection Plan. We know what the airport proponents want in the Town of
Southold. There's a copy been distributed to every libbary, Town officials have
them, some civic organizations have received, copies. If there are coin9 to be changes
in'this, a draft revision or whatever you want to call it, everything's a draft revision.
Everything that we make here tonight is a draft revision. It says here that of the
questions that the DOT had to Mr. Puckli,"who's the Town hired engineer to design
this 'airport, "due to costs, sociopolitical and environmental concerns it may be necessary,
to proposed development that does not reach the recommended levels or that stages
development. The feasibility study should include these considerations in recommendin9
facility development. In other words this fancy talk, sociopolitical and environmental
concerns, means like me. I'm a sociopolitical, environmental concern and I'm very
concerned about my front yard and what I can do in my backyard with my feet up
and drink a beer at the end of the day. That's'what I'm talking about. I'm just
a red neck to a' lot of people, but that's just the way that !- am. I'm a sociopolitical -
and environmental concernee and it maybe necessary to propose development that
does not reach the recommended levels. They're talking about that blue bound book
that shows the 3600 foot runway with the cross runway ending up over Goldsmiths
Inlet. That's what they're talking about and that to reach the recommended levels
or that stages development. Stages development means we start with a 3600 footer,
just like Kennedy started with a dirt runway, just like East Hampton started with a
dirt runway, just like Westhampton started with the military base, just like Republic
started with dirt runways and then they stage development. It's right in' here in
the letter that's on file in the Town Clerk's Office, written by Foster Beach, State
of New York, Department of Transportation, Planning and Development, written
to all the people that we've elected here, the Town Board. It's addressed to the
Town Board, Mr. David C. Spohn. Copies have gone to every Town Board member
and the Town Supervisor and the Town Attorney on the 22nd of January. Nobodys
really--reverybody knows what stage development means. They can come in With a
real skinny report now from the engineers office that says this 'is 9oing to be just,
you know, soft blacktop. It's not going to be any jets here. We'll make it as bi9
as Mattituck. I appeal to you to please have--if 'we need the public hearing, which
!,:really don't think that we need the public hearing. Let's get it on. The people
are ready for it.' Let's 9et the hearing on if 'it has to be a hearin9, Does anyone
on the Town Board have any idea when the hearing is 'going to be held? When we're
9oing to be able to find out what's 9oing to go on in Cutchogue?
SUPERVISOR MURPHY: I could tell you. If you read 'your letter from Mr. Beach,
the first.letter,..he states in there when.we reach this juncture. I believe he's
talking about .the iuncture when those 25 br 28 items are correctly studied and
correctly answered to the satisfaction of the FAA and the New York State Depart-
ment of Transportation. I believe he says that again in his second letter that you
quoted from. At th. at point .in time then we will have a public hearing and I think
we definitely should have a public hearing so that we could have a reason for saying-
we want an airport or we don't want an airport. But I do think, as I stated to you
several times, and I wrote to you several times, that I think it is very important that
the man who is doing the study completes the study properly so that he is not going
to be allowed to be paid for a study that is improperly, completed. I expect to be
talking to Mr. Puckli the end of this week, early next week. As far as I know the
answers to those .questions in January's letter from Mr. Beach to,.Dave Spohn have
not been identified because I have not heard that the DOT is analyzihg the answers.
Okay? I think as soon as these questions are properly answered and properly looked
at, then I-think we'll have a. complete report and at that time we expect to have a
public' hearin9.
MR.-SKABRY: That's not what he says. He doesn't say that when we reach this
juncture. This 'is an exact quotation, "at this juncture." And the date of the letter
is January 8th, 1985. "At this juncture we believe there' is 'sufficient information for
the Town Board to present the alternate sites to the public:"
SUPERVISOR MURPHY: What did he say before it?
MR. SKABRY; I'll read the whole letter. "Dear Mr. Spohn:" This;is addressed to
the Town of Southold. "We have an opportunity to review Mr; Puckli's: submitted
airport site selection/master plan study for the Town of Southold. As a result of
this review and our December 6 meeting, we have a number of comments concerning
this project. In the future we would appreciate your forwarding two copies of all
reports directly to the A~)iation Bureau in'Albany. Please continue to send three
copies of all reports to this 'office. Until we receive a written response to our
comments on the fir§t report submitted by Mr. Puckli We cannot approve the forecas[
and will"be unable to process any payment requests for this'project. We will'expec~
a writt'en reponse to our. comments on the November submittal as well. We have
enclosed a copy of the draft Master Plan Work,scope Checklist that the Aviation
Bureau has prepared. We believe the checklisi will be of considerable help to the
consultant. At this juncture we believe there is :suff~cient information for the Town
Board to present the alternate sites to the public; We recommend that the Town
Board .schedule'a public 'meeting with the technical assistance of the consultant to
gather public, comment on the four alternate sites 2/ 3, 4, and 5. Based on the
revised consultant reports as well as the results of the public meeting, the Town Board
must decide whether or not to go ahead with the feasibility study and which site,
if any, should be developed as a second municipal airport in'the Town of Southold.
SUPERVISOR MURPHY: John, I'm of the opinion that Mr. Beach--and Mr. Beach
is of the opinion also, that he is waiting for these answers. I get it from his
letter that at that juncture means when these questions are properly answered.
That's, I believe, is what he's talking about. Maybe I'm wrong.
COUNCILMAN SCHONDEBARE: _It.is not the most well drafted letter. And that
paragraph is ambiguous, John. '1 agree with you. It's very ambiguous. At this
uncture--I agree with you in that sense it 'sounds like right now, but when you
read his letter as a whole I kind of--I don't see it that way. I think he's still
waiting for the additional information.
MR. SKABI~Y: How,,long is he going to wait for additional information?
SUPERVISOR MURPHY: That's up to the man doing---
MR. SKABRY: And..also do you.really believe that I'm going to swallow the fact
that this 'airport--or anybody's going to believe that this-airport is 'going to be
anything more than just-a:staged airport? ::-.: :. ~.: '.-.
MR. SKABRY: I believe ex,actly the opposite and so does the Federal government
because they say it's a local issue, so does the State government. Okay? And it
is a local issue and it is us that have to analyze' the mumbo-jumbo. It's sort of
like getting the fox to watch the chicken coop. You've got an Avia1~ion Bureau in
New York State Department of Transportation and the FAA. They're job is :to
foster and perpetuate aviation, to make sure that it's safe. It's up to us to take ~?'~
the mumbo-jumbo apart and find out whether this'thing is really going to keep us
up at night, whether there's going to be jet fuel, whether jets can land there or
not. That's why we have this form of government, not that we're going to depend
on a stalling tactic in Hauppauge or in JFK Airport where the FAA sits. I believe
that, and you were right, and What they to. Id you was six to eight weeks was when
they were coming back with a report. I wouldn't believe it's six to eight months
before there's another report and the erections are over. That's frankly how I feel
about it. I think that the thing has got to be ended as soon as possible. We're
ready for a public hearing. We don't need their other report, a revised addition
to this draft report which:, by the way, took 22 years for a draft report. That's
alt I have to say.
SUPERVISOR MURPHY: Thank you, John. Is there anyone else would like to
comment before the Town Board? Mr. Spohn? Mrs. Skabry?
SUPERVISOR MURPHY:. John, one of the big'questions on that, and it had a great
determination on whatever site was picked out, was the question of condemnation.
That was not addressed in the initial report and it was one that Mr. Beach asked
to be addressed and it has been addressed by the Town Board. The Town Board or~
a resolution said we would not condemn property. So I believe--I think if you want
to get a clarifi~:ation on that you should really call Mr. Beach. But I'm personally
for waiting until the consultant does the job that he was hired to do, does it properly.
We are not capable--you probably are the most capable person around here not connectec
to avia[ion--to analyze an avia[ion report and I'm sure you're not really capable in the
real engineering sense and I believe the State and the Federal government has the
expertise in knows what to look for and i think We should let them look for it so
we could get a report that might be. very obvious on what it'S going to tell us.
MRS. SKABRY: He can go first.
SUPERVIS'OR MURPHY: Don't fight.
MRS. SKABRY: He goes first.
MR. DAVID SPOHN: Good evening, Supervisor Murphy and members of the Town
Board. My name is David Spohn and of course you know that i'm on the Technical
Advisory Committee, the' Town Contact for the Airport Study. i realize for some
people would be anxious to speed things up, however, the aviation community has
been very patient. We've been in progress since ;1979. We patiently waited two
years when..the funding was not available, so we want to be sure that things are
done, carefully because what you're deciding is whether or not you will'have access
to the air space above. The whole object is 'to provide for one public point of
access to the air space from Sou~h01d,Town proper. I do have a communication
that addresses the point made by Mr. Skabry. I offer it so a ze'rox copy may be
made and he can get the read out from Mr. Foster Beach in answer to my ~etter
references to revising the report.
SUPERVISOR MURPHY:' We'll make a copy and distribute it for you.
MR. SPOHN: Would you like me to read the one paragraph that pertains to---
SUPERVISOR MURPHY: You have the floor.
MR. SPOHN: Okay."Once we have revieWed your February 1st letter we wilI ask
that ~the consultant report be reviwed .accordingly. After the consultant has submitted
the revised report we recommend that the Town Board schedule a public 'meeting with
the technical assisl~ance of the consultant to gather public comment on the four alternate
sites (sites 2, 3/ 5 and 6) as well as any other sites the Town Board thinks viable.
For example, the Town may want to discuss Mattituck Airbase or a combination of
sites." I think that one particular paragraph addresses the point that was being
brought up. And, of~ course, i'm always available for any questions anyone wishes
to ask about the progress and the whole report as we go along. I thank you for
your time.
SUPERVISOR MURPHY: Thank you. If you give that to the Town Clerk, Dave,
we'll see that the Town Board gets it 'and any interested parties. Mrs. Skabry.
MARGARET SKABRY: I've been here a few other times about this'airport. You
referred to the fact that this Town Board may have passed a resolution that it
will not, condemn land. I sat here at the last Town Board meeting and lisiened to
the Town Board resolve a resolution, you know, eliminate. It"s not hard to do.
That resolution stated "at this time" in this particular case. Now, condemnation
of land, that sounds like a terrible thing and gets people up in arms. What the
general public'doesn't seem to realize', and maybe, maybe one or two people on
this Board don't realize is that we've been told that it wouldn't necessary have
to take Bergmann's home, that this runway could be angled' 500 'feet to the west.
Now, Mr. Murpy, would you like to live in Bergmann's house with the plans landing
day and night, flight schools, night flights,, various size' planes, 365 'days a year?
It was very good of this Board to pass this resolutio6. It was a litt'le assurance
that, yes, you had finally begun to listen, but the paper was worthless. We know
that. Unfortunately it sent out a little feeling to the general public of them feeling
a little more sure and they shouldn't. They should not, not with the way this
committ'ee is set up for the airport, the people who are on it. It's not to be trusted.
It's a worthless piece of paper, but it was a beautiful gesture. The important thing
now, Mr. Murphy and members of the Town Board, is that you finally, before
election time, or before any other postponement, get up and help us. It took
about 300 signatures to get this thing started, a few business and real estate
people whose names you hear quite often down here, to get this 'thing started.
We have over 1000 signatures now. Membership' is growing by leaps and bounds
of Southold Taxpayers Group Against the Airport. What more do you need to
understand that this 'is not wanted by the general public; It may be wanted by
a woman on Shelter Island who does flight lessons. It may be wanted by three
pilots out in'Orient. I don't understand why Rose Field isn't even owned by
Rose anymore. I didn't realize' that until I went down to the Tax office. Could
that have something to do with the push for an airport now? Wanting me to buy
them an airport. I don't ask them to build us a drag strip and pay for it.
- could use the boat ramps they talk about. They stated this is funded by tax
dollars from Federal Aviatiof~. Well I'll be dipPed if I'm going to fly to Florida
with my. husband this tspring,, because that will be my dollars building the airport
near me. No way. This is taxpayers money one way or the other and we're tax-
payers that don't want it. Please get off the dime and get started helping us.
You helped that: 95 year old lady. Lisien to us and help us so we can applaud
you as well. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address
the Board? Mr. Reese?
MR. HAROLD REESE: I was told yesterday that our application for exemption from
two acre zo'ning would come up tonight and so far I haven't heard anything.
SUPERVISOR MURPHY: I explained in the first resolution, sir, that Mr. Schondebare
was detained today and was not here to discuss it and I didn't think it was fair to
put him in a position up on the dais. We will discuss it in the Work Session. He
was unavoidably detained.
MR. REESE: i didn't know that, but I can understand.
SUPERVISOR MURPHY: I thought I Said so in the very beginning. I'm sorry
to keep you.
MR. REESE: I didn't hear it,' but please accept my apologies. I'll wait. Thank yo~l
SUPERVISOR MURPHY: Anyone else like to address the Town Board? (No response.)
If not, thank you for your patience and I'd like a motion to adjourn.
Moved by CouncilWoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this:Town Board meeting be and hereby is adjourned at 9:50 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.
Judith T. Terry. ~
Southold Town Clerk