HomeMy WebLinkAboutTB-04/09/1985223
SOUTHOLD TOWN BOARD
APRIL 9, 1985
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr.,
Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A.
Schondebare (11 AM), Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry,
Town Attorney Robert W. Tasker.
9:30 A.M. -'Tile Board began tile audit of outstanding bills.
9:50 A.M. - Board o Appeals Chairman G_e~rard P. Goehrin er met with the Board
to discuss the replacement of part-time Clerk-Typist Linda Taplin with Barbara
Rudder. Mrs. Taplin has not been able to devote the amount of time required to
her duties and Mrs. Rudder will be available whenever needed to fill it~ for full-
time Secretary Linda Kowalski who must be away from the office frequently on
town business as well as using compensatory time acquired during weekends and
evenings, which is the only convenient time for Mr. Goehringer to spend at Town
Hall due to the daytime hours spent at his job with the County Comptroller's Office~
Discussion was held concerning the need for a full-time Board of Appeals member at
Town Hall and Mr. Goehringer agreed that it is necessary and has expressed this
in the past.--Mr. Goehringer spoke to the Board about area reduction variances
which are based upon the percentage of the lot sizes in the immediate area of the
applicant.
10:15 A.M:" - Bessie Swann, Beverly Smith of the Greenport Housinq Alliance, their
attorney Edward Reale, and Community Development Director Jim McMahon met with
the Board to discuss the sale of the Linnet Street property to the Alliance. Mr.
McMahon outlined the history of the parcel and the attempt of the Alliance to put
the p,~operty back on the tax roll. Mrs. Swarm explained the financial means of
the Alliance, who now has $55,000 to rehabilitate the property. It is the intention
of the Town to deed their portion of the property (lot 38) to the Alliance for the
appraised value of $6, 300.00. Mr. McMabon explained that when the property is
rehabilitated it will be offered for sale tO any eligible family who may apply, and
upon the sale the $6,300.00 will be paid to the Town.--Mr. Harvey Strange, who
sat through the discussion, told the Board he has been seeking to purchase this
property since 1968. He had worked with Supervisors Martocchia and Pell and
has been working with Mr. McMahon since he became Commmunity Development
Director. He is willing to pay whatever it costs to rehabilitate the house inside
and out. Mr. McMahon again explained that an advertisement for the sale would
be placed in the newspapers and if Mr. Strange meets the eligible requirements,
his application would be considered. Mrs. Swarm said she would put an applica-
tion in the mail to Mr. Strange.
11:00 A.M. - Executive Administrator Victor Lessard met with the Board to discuss
affordable housing and the value of the prefabricated homes he inspected on a
recent trip to Pennsylvania--purchasing of land, financing, possibly using landbank
funds, lot sizes.--Mr. Lessard also spoke of the need for additional telephones ,n
the Building.. Department and recommended the AT&T system. The Board agreed
that a representative for AT&T should make a presentation to the Board, hopefully
at the next meeting.
11:30 A.M. - The Board began a review of agenda and off-agenda items.
11:55 A.M. Town Trustee President Henry Smith met with the Board to discuss
the need to dredge Jockey Cre¢.k while the bridge is under construction, and to
continue on into Town Creek which is serious need of dredging due to run-off from
Boisseau Avenue. Mr. Georqe ~,kscin, a resident of Wells Avenue, Southold, presented
a petition to the Board containing names of residents in that area who urge the Board
to dredge the spur of Jockey Creek off Wells Avenue. Mr. Akscin presented photos
shoWing run-off from the Wells Avenue area into this spur. It was agreed that Trustee
Smith would outline the entire proposal on a map which Supervisor Murphy will present
for consideration to John Guldi, Principal Engineer for the Waterways division of the
Suffolk County Department of Public Works.
12:05 P.M. - The Board continued to review agenda and off-agenda items.
12:10 P.M. - Councilwoman Cochran reported to the Board on the Recreation Committee
activities, stating they would be conducting interviews for the Recreation Supervisor
(from names on the Civil Service List) on April 8th.
12:15 P.M. - Councilman Townsend brought three items to the Board's attention:
His request for a report from the Highway Department and Police Department relative
to their progress of their computerization programs; a check list presented to him
by Gladys Csajko, North Fork Animal Welfare League, Inc., containing a check-list
of 30 items necessary for the completion of the Dog Pound extension; and the con-
di~ion at the Landfill whereby high winds over the weekend caused papers to be
·
blown around the periphery of the Landfill, as well as adioining properties.--Super-
visor Murphy_ brought to tile Board's attention that the methane testing has not been~
properly done in recent ~onths and hopefully it will be corrected--there is a severe
problem along the property line where the homes and church are located, with the
highest readings in that area. He further stated that he feels Sanitation Supervisor
Douglass is entirely incapable of performing his job.--Councilman Townsend asked
that Mr. Douglass be asked to come before the Board after the lunch recess.to discuss
the problems mentioned by Supervisor Murphy, at which time they will also request
Deputy Superintendent of Highways Ray Jacobs to be present.
12:35 P.M. - Recess for lunch.
2:10 P.M. - Work Session resumed and the Board continued reviewing agenda
items.
2:40 P.M. - Deputy Superintendent of H!cjhways Ra_¥mond Jacobs and Sanitation
Supervisor James R. Douglass appeared before the Board relative to the methane
testing procedures-at the Landfill. Mr. Douglass explained that he has been making
regular tests--there are 18 test sites, including 6 in the main collection building.
There is only one site where methane has been detected and that is at the south
end of the property where additional trenching will be done soon.
EXECUTIVE SESSION
2:50 P.M. - The Board discussed with Sanitation Supervisor Do._u_g~lass and Deputy
Superintendent of Highways Jacobs the severe problem over the weekend with
papers blowing around 'the 'area. Mr. Douglass advised the Board the clean-up
has been in progress and is almost complete. An adiustment of hours worked at
the Landfill and personnel problems were discussed. ·
3:15 P.M. - The Board continued reviewing agenda and off agenda items.
3:50 P.M. - Water Advisory Committee Chairman Frank Bear reviewed the recent
public .meeting concerning Town water problems which was held in Orient. There
were about 50 residents in attendance and he felt it was a very successful meeting.
He reminded the Board of the next meeting to be held on April 10th at the Recreation
Center and asked ~hat they attend, as well as their next Water Advisory Committee
meeting being held on May 6th. Mr. Bear reviewed the events of the April 8th
meeting when water treatment systems were discussed, a matter which the Board
will be dealing directly with in the very near future.
3:55 P.M. Back to reviewing the agenda.
4:45 P.M. - Account Clerk Betty Wells met with the Board to explain the need for
a part-time Account Clerk for the Accounting and Finance Department. She said
they are behind and with the addition of this part-time person it would reduce the
most of the overtime in that department.
5:15 P.M. - The Board completed the audit of outstanding bills.
5:35 P.M. - Work Session adjourned.
APRIL 9
1985
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, April
9, 1985 at the 'S0uthold Town Hall, 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.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: The first order of business I would like a resolution to
approve the April 9th audit of bills.
Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the following audited bills be and hereby are approved for payment:
General Fund Whole Town bills in the amount of $64,468.96; General Fund Part Town
bills in the amount of $17,840.51; Highway Department bills in the amount of $34, 9~5. 07;
Fishers Island Ferry District bills in the amount of 56,104.65; Federal Revenue Sharing
Fund bills in the amount of $3,240.00; Southold Wastewater Treatment Plant bills in
the amount of $41,212.62; Fishers Island Sewer District bills in the amount of $353.38.
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: The next one is to approve the minutes of the Regular
Meeting of March 26, 1985.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the minutes of the R~eg_u_lar Meeting of the Southold Town Board held
on March 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.
SUPERVISOR MURPHY: And one to set the next meeting date as April 23rd, 1985,
3:30 P.M.
Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the next Regu. lar Meeting of the Southold Town Board will be held
at 3:00 P.M., Tuesday, April 23, 1985 at the Southold Town Hall, Main Road, Southold,
New York.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on your agenda is Reports.
1. Our Building Inspector took great pride in this that he was the first
report turned in this month, but very seriously, it is very interesting for---
these reports are on file in the Town Clerk's Office for anyone who wants to
know besides the Town Board. But if you would look at the report (March 1985)
and just to get an idea of Lhe activity. If anybody doesn't think that the eastern
end of Long Island on the North Shore has been found, look at this report and it
certainly will tell you that we have.
2. Town Clerk's monthly report (March 1985}. There again you could see
how busy she has been.
3. Town Trustees monthly report - March 1985.
4. Supervisor's monthly report for March 1985.
5. Town Justice monthly report (March 1985) from Judge Edwards.
6. Szepatowski Associates, Inc. progress report for March 1985, our planning
as sociates.
7. Police Department's monthly report for March 1985.
8. Councilmen's reports. I'll start on my left with Judge Edwards first.
JUSTICE EDWARDS: Nothing at this time, tbank you.
SUPERVISOR MURPHY: Jean?
COUNCILOr'S)MAN COCHRAN: Yes, I'd like to report in relation to our town-wide
Recreation Program, that we have received a list from Civil Service. The Rec
Committee met Monday morning. We scheduled interviews for interviewing the first
three people on this list, of course, on April 22nd and if our interviews go well,
we should be' able to hire at our next Town Board meeting. I'm also pleased to
announce that Southold Town is the recipient of a $14,000 grant from the Suffolk
County Youth Bureau, Recreation Grant. As far as the Housing ~Committee is
concerned, they met on April 4th and they will be meeting the first and third
Thursdays of the month at 5:00:P.M. here at Town Hall. They're working on
finalizing a community questionnaire in relation to modest housing, and Mr. Mullen
of the-PJanning Board wiii be attending the committee meetings in the future as
the liaison to the Housing Comm-ittee. They also divided into sub-committees so
that they can expedite the work because, they realize the importance of this Committee
to the community. Thank you, Frank.
SUPERVISOR MURPHY: Thanks, Jean. Joe? -- Oh, Paul, i'm sorry.
COUNCILMAN STOUTENBURGH: Many of us, including representatives from East
Hampton, Southampton, Riverbead, Southold met on this STOP Program in Riverhead.
We had people from our own Town, Jean Tiedke from the League of Women Voters,
Michelle Niven from NFEC, Norma Miller representing the Chambers, and myself and
Jim McMahon. We met with the DEC---our first regional meeting of trying to bring
all the towns together and it was quite productive. We discussed briefly some of
the problems of liability, which we'll have more information on--the liability the Town
is going to be involved in in moving toxic waste. Nothing is simple any more as
we'll find out as we get into this. We've set up a special meeting on May 13th in
which we'll bring together these people once again, after we review the program in
Islip. Islip is going to have their first collection day and we hope to be able to
have some information on that. We also reviewed some of the things that we're
going to be trying to do with tbis program and one of the major things we want
to remember that this STOP Program is--remember it was tbe program that was
going to Stop Throwing Out Pollutants. Well, we're interested in collecting pollutants,
but the other important aspect of this, which I think is most important is the
educational aspect that the community will absorb as we go through this program.
Trying to get people to understand the type of toxic materials they're handling,
they're buying and how to take care of them when they're finished with them, and
this is the interesting and probably the most important part of the whole program.
How we're going about it, we're going to get involved with the schools, we're going
to have service clubs involved, newsletters going out from different organizations,
scout groups, even we hope maybe to get some of our local haulers to put stuffers
in their bills when they send them out, and of course, in our own Landfill we should
have a handout that would go out and educate the people tl~at way. So this will be
all coming up. We're going to shoot for a date in the fall, hopefully when we can
all do this at one time so that we can all gain from the advertising of it. Outside
of that I think that's about it, Frank.
SUPERVISOR MURPHY: Thank you, Paul. Now, Joe.
COUNCILMAN -[OWNSEND: Thank you, Frank. I also attended the Housing Committee
meeting that Jean is the liaison for, a~d the Code Committee meeli~c, ,)ri April 4th I
think i'[ ~as, anu I ti'dnl< Jay will be giving you a report on that. There was a
talk sponso.'ed by the Water" Advisory Committee, which l'm not a member of but
attended at Poquatuck Hall, 1 think it was on the 27th of March, and they had
presentations by Jim Monsell, who's the head of the Greenport Water System, Dave
Newton who works for Cooperative Extension on various community subjects of
community interest. He talked about home pollutants, and Marty Tren~ spoke on
the water table in Southold Town. It was very interesting. The reason I mention
this is because there's going to be another one at the Peconic Senior/Youth Center ,
and I'm sure the members of the Committee invite you all to attend. It's fascinating ~
and if you haven't been involved in the process-informational process concerningq-,-
water in Southold Town, this is a good one to attend. It's a good summary. I met
with representatives of the ~nimal League in preparation for negotiations with Greenport
on tbe contract that is to be negotiated for handling Greenport dogs. That's getting
to be a serious problem, and oh, yes, I introduced our friend Ralph Williams who
gave his speech to the Rotary Club last Thursday and he's going to be doing a lot
of that for the Landmarks Preservation Commission. Last month I reported that he
had given a talk on the evolution of housing in Southold Town and I know he's got
another talk scheduled for the Lions Club which is the 18th. That's about all I have.
SUPERVISOR MURPHY: Thank you, Joseph. Jay?
COUNCILMAN SCHONDEBARE: Yes. As Joe indicated we had the Police Committee
meeting this morning. The Supervisor was there, Dan Winters, Joe, myself and
Paul Stoutenburgh was there likewise, and we discussed the hiring of a Radio
APRIL 9~ 1985
Dispatcher as well as the appoint of a Ba, y Constable for Constables, whether they
be full-time, part-time, etc. We do have a ilst of people who requested these positions
and we'll be setting up interviews to meet with the people for the position of Bay
Constable and we went through the resumes that we received today to prune it down
to get a better grip on it than all the people who applied. There are a number of
people who applied for the position. We also had a Code Committee meeting last week
and I think it was this time last Tuesday, at which time we discussed the question
of whether or not we wanted to allow a grandfather clause into the multiple density
ordinance ~hich is on the agenda for tonight in dealing with "M" Zones. At that
time the Code Committee was of the opinion that they would not have a grandfather
clause. We have, however, since then been approached by one party who has a
proceeding pending within the various boards who's specifically requesting a grand-
father for themselves and we will set a meeting so H~at they can present their case
to us. We!Il probably do that in the near future. Likewise last time we discussed
brincjjng our Code in conformity with the State Code on the allowance of a business
in a private home--that is a certain percent of the home is allowed to be converted
into the business. Our Code was out of sequence with the State and we will conform
to that. I'm remiss in not having a resolution on for tonight. I should have put it
on. This coming Friday is another Code Committee meetin9 at which time we will get
into wineries in commercial zones and I'm not talking about vineyards, I'm talking
about the pressing of grapes in commercial zones. Right now we allow wineries, that
is the p.*essing of grapes to be made in the agricultural zone wherein the vineyard
is located. People have presented the question as to whether or not they can press
somebody else's grapes not grown on their own premises on their vineyard area in
the "A" agricultural zone. The question is whether or not that should be in a
commercial zone rather than in the agricultural and residential. That will be on
for this Friday. Also our Building Inspector Vic Lessard has requested that we
have a better definition of non-conforming use as that pertains to not only the use
of the property but also the use of the building. He has made some proposals to
us. I think all the Town Board members have a copy of it and we'll be discussing
that this coming Friday likewise. Also I just tacked on to the agenda for this one
is the horses. We received a counter-proposal to our proposal for a better definition
on where you can keep a horse on premises and l've call'ed the people and asked them
if they wish to come down and discuss it with the Code Committee. So that's on for
this Friday. Busy little committee. The Street Light Committee has been busy too,
going around the area and looking at street lights. There's a number of those
petitions. Thank you.
SUPERVISOR MURPHY: Jay, thank you. I see you've been working very hard.
COUNCILMAN STOUTENBURGH: Jay, you say you have a proposal or a counter-
proposal has been given?
COUNCILMAN SCHONDEBARE:
think everybody got a copy of it.
COUNCILMAN STOUTENBURGH:
COUNCILMAN SCHONDEBARE:
SUPERVISOR MURPHY: Okay.
think it should be in your mail, too, Paul. I
I don't think i got that.
I have it with rne and I'll give you a copy.
Thank you. I would like to report on the accessory
apartments, the proposed Local Law. I sent what, hopefully, is our final draft to
our consultant RPPW on the Master Plan to get their input on what we came up with
what we hope is a final draft and also at that time I asked him when the Master Plan
was coming and I was told again at the end of this month. The Town Board is getting
quite annoyed with the delay and we will be contacting them about this--why such a
long delay on it. i would like to apologize' for the Town for anybody who lives around
the Landfill. This past weekend was a disaster. We the two people involved, the
head of the DPW, or his Deputy, and the man in charge of the Landfill, trying to
work out solutions today and hopefully we will'have better solutions. There are
several things we're working on and hopefully we'll come up with a plan to really
stop this mess. There is absolutely no reason in the world for the Town to be the
biggest polluter of its streets and highways and houses and businesses around and
at the present time we are, unfortunately. This should not be and we're working
on it. Do9 Pound again. We hope to have it finished. Joe has a punch-list that
was presented. Hopefully we could get this thing'done so that we then could
proceed on with the second phase, which is rebui.lding the first building that was
put up that's being literally eaten apart and that we could resolve this so that the
dog problem is taken care of. I would also like to report that we have asked for
a survey of Town property down in Laurel by Camp Malloy, the Laurel Lake property
that we own to do a location of the tourist informational buildinq and toilet facilities
that we plan down in that area as we're coming in ~o Southold Town. Hopefully
the funding was approved, we should be able to start drawing down the money
from Community Development within two to three weeks and we should be moving
on that.
I1. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the Agenda which is
228
APRI 9, 1985
1. Solar Energy,Conference, this Saturday, Mattituck High School, 10:00 A.M.
to 4:00 P.M.
2. New York State DEC, Notice of Complete Application, Suffolk County Depart-
ment of Public Works to dredge the entrance of Mill Creek. This is in addition to
the regular permit that we have. It's to take care of a spit further down in and we
have to amend our permit structured for that. It's an on-going permit, but this is
part of it so we could do a little bit more dredging.
3. DEC, Notice of Complete Application by Briscoe Smith to subdivide four plus
acres into four lots, Little Hay Harbor, Fishers Island. Written comments by April
19, 1985.
4. Public Notice on the construction to raise the Long Island Railroad bridge
down in Laurel on Route 25. Work is to commence on April 15th, should last approx-
imately two weeks to about April 30th. There will be road detours in effect at that ~
time. Route 25 in that area will be closed for that two week period of time. After
-~-'~ .... ':-~ ~ *~ schedule-~the very good L,iJ
the bridge~:is raised then, as you cuu,u ,~o..~ ..... e .... n
schedule we have now, is interrupted and it will probably be interrupted for about
another two weeks after the bridge is actually raised while they're rebuilding the
track.
5. New York State Department of Transportation, one hour parking restriction.
This is extending, I believe, another 75 feet on the north side of Route 25, west of
Depot Lane in Cutchogue.
6. This one is very important. The Town Water Advisory Committee meeting.
Joe touched on it. The meeting that was held down in Orient. There will be one
this Wednesday, tomorrow night, April 10th at 7:30 P.M. in the Senior/Youth
Recreation Center in Peconic. This is most important. This Committee is doing a
fantastic job and this is part of our public education problem in ways to protect
our water.
7. New York State DEC, Notice of Complete Application by Jean Harford to
construct a garage, Jacobs Lane, Main Bayview I~ane, Southold. Written comments
by April 19th.
8. New York State Department of Transportation designation of a restricted
highway, State Route 25 at the intersection of County Route 48, a length of 0.20
mile.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on to the third item on the agenda is Communications.
1. From the SEACOM, which is Southold Electric Authority Committee, thankin~
the Town Board for starting on the feasibility study to see if it is at alt possible an(I ·
feasible to form our own utility district.
V. RESOLUTIONS.
SUPERVISOR MURPHY: We're a little early to start on the fourth item on the
agenda, public hearings, so we'll move on to resolutions. The first one. is the
Southold Fire Department for their parade.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Southold Fire Department and Southold Fire Department Racing Team, First
Settlers, to use the following ToWn roads for staging of men and equipment for their
15th Annual Old Fashioned Parade and Drill on Saturday, July 6, 1985 at 6:00 P.M.
(rain date: Sunday, July 7, 1985, at 1:00 ~'.M.): Main Bayview Road, Ackerly Pond
Lane and Jockey Creek Drive, Southold, and be it further
RESOLVED that the Southold Fire Department and Southold Fire DePartment Racing
Team, First Settlers, is granted permission to use the parking area behind the fire
house and the access roads to the east and west of the fire house on the same date,
provided they secure and maintain the necessary insurance to hold the the Town of
Southold harmless.
SUPERVISOR MURPHY: Any questions? (No response.)
1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, ~
Councilman Stoutenburgh, Justice Edwards, Councdman Townsend, Supervmor Murph!. t
This resolution was declared duly ADOPTED. L,~
SUPERVISOR MURPHY: Number 2 is to allow a 3.1 mile run for H.U.G.S.
Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southo[d hereby ~rants permission
to the Mattituck High School Student Council to use Town roads on Saturday, May
11, 1985, beginning at 9:30 A.M., for the 3.1 mile RUN for H.U.G.S. (Human
Understanding Growth Seminar), providing they secure and maintain .the necessary
insurance to hold the Town of Southold harmless.
SUPERVISOR MURPHY: Any questions? (No .*esponse.)
2.-Vote of the Town· Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 i~'a decision on a proposed Local Law.
3. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare,
WHEREAS, a proposed Local Law No. 7 - 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 12th day of March,
1985. at which time all interested persons were given an opportunity to be heard
thereon, now, therefore, be it
RESOLVED that Local Law No. 7 - 1985 be enacted as follows:
LOCAL LAW NO. 7- 1985
A Local Law to amend the Zoning Code
in relation to dwelling unit density_
BE tT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]).
1. Section 100-116 of the Zoning Code of the Town of Southold is hereby amended
to read as follows:
Section 100-116. Dwelling unit density.
Notwithstanding any other provision of this chapter, each dwelling unit in a
multiple dwelling shall have [nine] twenty_ thousand [9,000] 20,000 square feet
of land for each dwelling unit in the building where public water and public
sewer are not provided, and shall have [six] ten thousand [five hundred
(6,500)] (10,000) square feet of land for each dwelling unit in the building
where public water and public sewer are provided.
II. This Local Law shall take effect upon its filing with the Secretary of State.
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 an environmental assessment on Suffolk Cement
Precast.
4. Moved by Councilman Townsend, seconded by Councilwoman Cochran,
WHEREAS, Suffolk Cement Precast, Inc. has heretofore applied to the Southold Town
Board for a Sand and Gravel Pit Permit on certain property located at the west side
of Cox's Lane and south side of Oregon Road, Cutchogue, New York,
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. That pursuant to the provisions of Article 8 of the Environmental Conse~,va-
tion Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations,,
and Chapter 4q of the Southold Town Code, the Southold Town Board, as lead agency,
does hereby determine that the action proposed is a Type I action and is likely to have
a significant effect on the environment.
2. That the Town Clerk shall file and cii-culate such determination as required
by the aforementioned law, rules and code.
3. That the Town Clerk immediately notify the applicant, Suffolk Cement Precast,
Inc. of this determination, and further .request said applicant to prepare a draft
environmental impact statement, all in accordance with said law, rules and code.
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.
5o
SUPERVISOR MURPHY: Number 5 is to enter into an agreement with New York State
Department of State in the development of a Waterfront Revitalization Program.
Moved by Justice Edwards, seconded by Councilman Stoutenburgh,
WHEREAS, the Town of Southold, in order to prepare strategies for the wise use and
revitalizatio.n of its waterfront area, desires to participate in the Waterfront Revital-
and
ew York State Department of State, pursuant to Section 47 of
Chapter 464 of the Laws of 1975 of the State of New York, is the official agency
for the State of New York for all of the purposes of the Coastal Zone Management
Act of 1972, as amended, and
WHEREAS, the State of New York, acting by and through its Department of State
has applied for and received a Coastal Zone Management Program Grant from the
Federal government pursuant to Section 306 of the Federal Coastal Zone Management
Act of 1972, as amended, and
WHEREAS, the New York State Department of State has offered grant funds to assist
in the development of a Waterfront Revitalization Program in the Town of Southold,
now, therefore, be it
RESOLVED that the Town of Southold agrees to enter into a formal agreement with
the New York State Department of State to undertake such project and to contribute
its share of the estimated total cost of said project in the form of cash and/or in-
kind services together with such other terms and conditions as may be deemed
necessary and appropriate to carry out the said projects, and be it further
RESOLVED that the Town of Southold agrees to have available, in the year the project
is to be completed, the sum of thirty-thousand dollars ($30,000.00), in cash of in-kind
services, or so much thereof as may be necessary to contribute its share of the total
cost of said project, in accordance with a formal agreement with the New York State
Department of State, and,. be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and
empowered to execute in the name of the Town of Southold all necessary applications,
contract, and agreements to implement and carry out the purposes specified in this
resolution.
SUPERVISOR MURPHY:
5.-Vote of the Town Board:
Any questions? (No response.)
Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is grant permission to Maryann Fleischman to atte ,,
a seminar on child abuse. . . I
6. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Maryann Fleischman to attend a two-day intensive seminar on Child Abuse and
Neglect to be held at Adelphi University School of Social Work, Huntington, New
York, on May 2 and 3, 1985:, and the tuition in the amount of $60.00 and necessary
expenses for meals and travel shall be a legal charge against the Juvenile Aid Bureau
Budget funds.
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.
SUPERVISOR MURPHY: Number 7 is to grant permission for two Conservation
Advisory members to attend a seminar.
COUNCILMAN SCHONDEBARE: Has' the date been changed in this thing?
TOWN CLERK TERRY: They have already been to the meeting.
COUNCILMAN SCHONDEBARE: Oh, isn't that nice.
TOWN CLERK TERRY:
SUPERVISOR MURPHY:
Apparently this came in after the Board's last meeting--
And there wasn't time.
TOWN CLERK TERRY: Unless you wanted to hold a Special Meeting for this.
I believe they went up one day and came back the same day.
7. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Conserwation Advisory Council members Martin Garrell and Betty Wells to attend
a meetinc~ for the formation of a Citizens Advisory Committee, sponsored by the
United States Environmental Protection Agency at 11:00 A.M., April 4, 1985, at the
Oceanic Society, The Classroom, Magee Avenue, Stamford, Connecticut, for the
purpose of providing overall direction for the activities to be undertaken in a study
for water quality research, sampling, monitoring, and assessment in Long Island
Sound. Mileage for travel and meals shall be a legal charge against the Town of
Southold.
7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is a resolution to provide secretarial services
for the Southold Town Farmland Preservation Committee.
8. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizeg and
directs Supervisor Francis J. Murphy to execute an agreement between the Town {"7
and Diane M. Schultze to provide secretarial services for the Southold Town Farm-
land Preservation Committee, effective January 1, t985 through December 31, 1985, ~i
at a total fee not to e¥ceed $3,000.00.
8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Counc~ilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is a resolution concerning environmental insurance
in our landfills.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare,
WHEREAS, it has come to the attention of the Town Board of the Town of Southold
that for approximately two years the Town of Brookhaven, located in Suffolk County:
New York, has unsuccessfully attempted to secure Environmental Impairment Liability
Insurance from at least five carriers, after lengthy application procedures, and
WHEREAS, after further investigation the Town of Brookhaven determined that there
231
APRIL 9, 1985
is no seller market for Environmental Impairment Liability Insurance for any environ-
mental mishap be it e~ther gradual, o~ sydden and accidental, and
WHEREAS, accordingly, the Town of Brookhaven is obliged to be self-insured with
reference to an environmental impairment which is contrary to the best interests of
any Town and its citizens, now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that they join the Town of
Brookhaven in respectfully demanding that the New York State Legislature immediately
a-~-pt legislation wl~ich would have the State provide itself o.- otJ~erwise mandate the
provision by insurance carriers of Environmental Impairment Liability Insurance for
municipalities, in order to protect their interests and those of their citizens, and be it
FURTHER RESOLVED that in conjunction therewith, or in the alternative, that New
York State, either impose a cap as to any claim and cause of action initiated against a
municipa!ity' far environmental impairment, or that the same be required to be tried
in the New York State Court of Claims, and be it
FUi~THER RESOLVED that the ¥own Clerk of the Town of Southold is hereby directed
to remit copies of this resolution to the New York State Association ol~ Towns, all of
the Towns in Nassau and Suffolk Counties, the Long Island New York State Legislative
Delegation, and the respective insurance committees and sub-committees of the New
York State Legislature which are involved with insurance.
SUPERVISOR MURPHY: Any questions? This is to try to force the State to
provide necessary insurance in a landfill. There is no carrier will carry this
and all the towns--will even write it--and all the towns--as a sidelight, we iust
found out that Fishers Island was being dropped on their policy and this is getting
to be quite serious and we're asking the State to do this, or set up some insurance
fund or limit the town's liability in these landfills. Okay, any other questions? (No
response. )
9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like a resolution to have our public hearings
held at this time--to recess for our public hearings.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be recessed at 8:00 P.M. for the purpose
of holding the following public hearings:
8:00 P.M. - Draft Environmental Impact Statement of Elizabeth J. Homan, in
connection with her petition for a Change of Zone at Cutchogue.
8:05 P.M. - Proposed Local Law entitled, "A Local Law in relation to license
fees for junkyards."
8:10 P.M. - Proposed Local Law entitled, "A Local Law in relation to Dog
License Fees."
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebarer
Councilman Stoutenburgh, Justice Edwards, Councilman Townsendr Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:21 P.M.
SUPERVISOR MURPHY: We now reopen our regular Town Board meeting and go
to Item 10 in Resolutions~ and it's an environmental assessment on an application
of Tom Samuels, Narrow River Road in Orient.
10.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards,
WHEREAS, Thomas E. Samuels has heretofore applied to the Southold Town Board
for a Wetland Permit on certain property located on the west side of Narrow River
Road, on Hallock's Bay, Orient, New York,
NOWr THEREFORE, IT IS RESOLVED AS FOLLOWS:
tion
and
does
1. T.',~at pursuant to the provisions of Article 8 Of the Environmental Conserva-
Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations,
Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency,
hereby determine that the action proposed is a Type I action and is likely to
have a significant effect on the environment.
2. That the Town Clerk shall file and circulate such determination as required
by the aforementioned law, rules and code.
3. That the Town Clerk immediately notify the applicant, Thomas E. Samuels,
of this determination, and further request said applicant to prepare a draft environ-
mental impact statement, all in accordance with said laws, rules and code.
SUPERVISOR MURPHY: Any questions on this? (No response.)
10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, ~ustice Edwards, Supervisor Murphy. No: Councilman
Townsend.
This resolution was declared duly ADOPTED.
Apron
12.
SUPERVISOR MURPHY: Since Resolution number 10 is calling for a Draft
Environmental Impact Statement, Number 11 will be held (set a public'hearing
on the wetland application of Thomas E. Samuels). We move on to Number 12,
to appoint a part-time Account Clerk. WoUld someone like to make the resolution?
COUNCILMAN SCHONDEBARE: Not particularly, no.
COUNCILMAN TOWNSEND: Frank, you want to make it I'll second it.
Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Doris G.
McKenna as a part-time Account Clerk in the, Accounting and Finance Department,
effective April 10, 1985', ~-~l~f $5'.00 per hour, 17½ hours per week m'aximum~
SUPERVISOR MURPHY: Any questions? Paul, should you do it, or do you want me~-~,~
to do it?
COUNCILMAN STOLJTENBURGH: Well, I'm just going to be against this for the
simple reason that I feel that we have to pick--we're trying to get a policy in this
Town of selecting people from the general public, and not .just one person who
happens to put their name in. We feel this being--or a~ least i feel it being a
public institution, everybody in the Town should have a right to this job and until
we ask for applications and go through them I don't think that I could go ahead and
vote on something like this. I just feel it's wrong.
COUNCILMAN SCHONDEBARE: I agree with Councilman Stoutenburgh on this; It
seems to me to be a difference--we have part-time people that we hire up at the
Landfill and I have no intentions of sitting down and intervieWing every one of
them, but for some reason,and I really can't put my finger on it, I some how feel
that a bookkeeper in the Accounting Department is somewhat different and it's a
job, I think, that can lead to something else, namely a full-time position in the
Accounting Department. Maybe that's what it is. You can't get a full-time position
up at the Landfill in that sense, but you certainly, can become a full-time bookkeeper
and I think this is an area that I would like to see advertised. I've not been a
proponent totally of these advertising for positions and having interviews. I think
we've gotten carried away, but in this particular, case I feel that we should advertise
and I don't like someone submitting a name and going along with it because they knoi?-~
somebody. So I'll vote against it.
COUNCILMAN TOWNSEND: The reason I voted for this was--and I initially when I
first saw it on the agenda was not in favor of it was because the case was made
that we are paying a fair amount of overtime now, we're using high-priced help for
very menial jobs and the rate of pay for this part-time person seeme to make economic
sense to me, plus a good case was made in'the fact that they have quite a volume
of work down there. Following up this resolution there's another resolution for
another employee which ! feel. could also be a duty of this one we're hiring, namely
someone to pick up the mail and to make bank deposits. So that's why I voted for
this; I do concur with your feeling on this, but I felt at this point we might well
get someone to solve this problem and then institute the Procedure you're talking
about. I do agree that these jobs tend to lead to full-time positions and they're
not just something a citizen takes to kill a few hours in the afternoon. This may
be a career move. But I don't want to postpone the situation or aggravate it even
worse since we have somebody that's sick there now, by not pushing this through.
COUNCILMAN SCHONDEBARE: Why don't we create the position, if we're not
opposed to creating the position, why don't we create the position, Mr. Townsend,
and then advertise and fill it as soon as possible.
COUNCILMAN STOUTENBURGH: Yes, I think there's a way of--you know, I think
you're right in the sense that some time we might get 25 or 30 people and it would
be quite a task to go through, but we did this this morning with Bay Constable
people. A committee sat down, went through and out of that group of people--and
there was a fair amount of them--we only took four of them and those are the people
you only have to go through, and so I think this is an easy way to overcome this.
SUPERVISOR MURPHY: Jean, do you have any comments?
COUNCILWOMAN COCHRAN: I agree with Paul. I think we're a government that
represents all the people and that everyone from the community should have the
opportunity for any offering of a job that relates to local government and I won't
support this; I would support, creating the position but then I would like to see
it go for publication that the job is available.
SUPERVISOR MURPHY: Ray, do you have any comment?
JUSTICE EDWARDS: Create the position and-advertise for it.
SUPERVISOR MURPHY: Okay. ! know there's a serious problem in the bookkeeping
department for menial tasks and I am very much a proponent for advertising for
these positions. I did this where I really felt very strongly there was a need. I'll
go along with waiting and advertising. We've done very good on resumes weJve
gotten from people.
COUNCILMAN STOUTENBURGH: Awful lot of good people out there.
SUPERVISOR MURPHY: And let them come in and ask. W'e do need the help very
bad.
COUNCILMAN SCHONDEBARE: I move to table the resolution.
TOWN CLERK TERRY: Well, you have a name in this resolution. I don'.t think
it would be proper to table it.' ~/ouid you both like to withdraw your motion and
second of this resolution?
COUNCILMAN SCHONDEBARE: Do you want to withdraw your resolution and then
we'll just hold it and then advertise?
SUPERVISOR MURPHY: I'll withdraw the motion.
COUNCILMAN TOWNSEND: I'll withdraw the second.
SUPERVISOR MURPHY: I agree. We're very tight now but I go along with it
a hundred percent.
TOWN CLERK TERRY: It will be in the paper next week.
SUPERVISOR MURPHY: Number 13 is a reduction in the bond for a subdivision.
13.
13.-Vote of the Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution was declared duly
Moved by Councilman Schondebare, seconded by CouncilWoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby app.ro.v.es t'he
reduction in the bond for roads and improvements in the subdivision known as
"Grandview Estates" at Orient, from $325,000.00 to $171,000.00, all in accordance
with the recommendation of the Southold Town Planning Board and Field ~nspector
John W. Davis.
Councilwoman Cochran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
SUPERVISOR MURPHY: Number 14 is amend our Subdivision Regulations.
14. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of $outhold hereby approves the
followin9 amendments to the Southold Town Land Subdivision Regulations, to wit:
(additions indicated by underline; deletions by [brackets]).
1. '~y amending Section A106-22, subdivision A(2), to read as follows:
(2) All applications for plat approval for minor subdivision
shall be accompanied by a fee of [fifty] one hundred
dollars [($50.)] ($1'00.) [or twenty-five dollars ($25.)]
per lot, [whichever is greater.] together with an inspection
fee of one hundred fifty dollars ($1'50.).
2. By amending Section A106-23, subdivision A(2), to read as follows:
(2) The application filed with the Town Clerk shall be
accompanied by a fee of fifty dollars ($50.) plus five
dollars ($5..) per acre, or part thereof, in the proposed
subdivision, and an inspection fee equal to [four] five
per cent [~1%] 5% of the amount of the approved performance
bond.
COUNCILMAN SCHONDEBARE: Basically, since I started this, what we've done
is increase the fees. The fees used to be $50., we've increased-that to $100.
That's for minor subdivisions, together with an inspection fee of $150., and we
used to charge $25 per lot, but now we're making it one fee of $150. It's costing
us more to have the inspectors go out there. Also in number 2 the application
which is a ~50 fee is the same. What we've done is that the amount of the
inspection fee. It used to be 4% and we've increased that to 5% of the amount
of the approved performance bond and that's for a major subdivision. It's
costing us more to run the Town.
SUPERVISOR MURPHY: Any other questions on it? (No response.)
l~i.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15.
15. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the
unsalaried, voluntary position of Coordinator of Veteran's Affairs in the Town
of Southold.
SUPERVISOR MURPHY: Any questions? (No response.)
15o-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 we're going to hold off appointing somebody
to this position (Coordinator of Veteran's Affairs) through December 31st, 1985, to
send !etters to the various service clubs, in the Town ~to see if they ~would have
anybody who would like to volunteer~f0r this position. Moving on 'to Number 17,
the release of a performance bond.
20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman ~chondebare,
Councilmar~Stoutenburgh, Justice Edwards, Councilman Townsend, SuPervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to authorize the Town Clerk to advertise for
bids for a fuel control recorder.
21. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to advertise'for bids for the purchase of one (1) Springfield Controls
Fuel Recorder, or equal, for the Highway Department, all in accordance with the
specifications for bids.
SUPERVISOR MURPHY: This is to come in compliance with the town auditors where
we have to account for all the gas in the Highway Department.
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 concerning parking and use of our rubbish
and refuse permits.
22.
Moved by Councihnan Townsend, seconded by Councilman Stoutenburgh, it was
RESOLVED that a parking permit required by Chapter 65 (Park_ing_at Beaches)
of the Southold Town Code shall not be required for all vehicles possessing a
valid permit issued pursuant to the provisions of Chapter 48 (Garbage, Rubbish
and Refuse) of the Southold Town Code.
COUNCILMAN TOWNSEND: This is in response to some questions by people that
have commercial stickers on their truck and would have to purchase a separate
Town Parking permit if they wanted to use the beach. We're trying to eliminate
that double charge and that's what this is all about. A lot of people with commercial
stickers. So if you find your garbage man parked next to you at the beach, don't
be shocked.
SUPERVISOR MURPHY: Any other questions? (No response.)
22.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is a supplemental agreement.
23.
Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs :Supervisor Francis J. Murphy to execuLe a Suppleme~)tal Agreement with
the County of Suffolk, aw part of the Suffolk County revitalization Grant Program -
Cross Sound Ferry Economic Development Project, providing for a grant in the sum
of $100,000.00 as a non-interest bearing loan in addition to the regular fiscal 1983
Community Development grant heretofore allocated and approved in the Agreement
of April 25, 1983, all subject to the approval of Town Attorney Tasker.
COUNCILMAN
SUPERVISOR
SCHONDEBARE:
MURPHY: Yes.
Was this l~inally worked out?
COUNCILMAN
SUPERVISOR
The question
COUNCILMAN
SCHONDEBARE: Are we amending it? Changing it?
MURPHY: This one is the agreement thai there was no question about.
is the next one, Jay. This one was fine.
SCHONDEBARE: All right. Is Bob happy about this one?
APRIL 9, 1985
SUPERVISOR MURPHY: Bob wrote this cJ~i~· and we have to now get the County
to agree to it which they said they would.
COUNCILMAN SCHONDEBARE: Bob, do you want us to sign the agreement you
wrote up?
TOWN ATTORNEY TASKER: What?
COUNCILMAN SCHONDEBARE: Do you like the agreement that you wrote?
TOWN ATTORNEY TASKER: No, I don't.
COUNCILMAN SCHONDEBARE: Wasn't this straightened out between you and Jim?
TOWN ATTORNEY ~-ASKER: To some degree.
SUPERVISGR MURPHY: The one you wrote, the first one Bob, not the second one.
TOWN ATTORNEY TASKER: I understand the one you're talking about. He asked
me if I like it? I don't.
COUNCILMAN SCHONDEBARE: Oh, okay.
TOWN ATTORNEY TASKER: It's the best I could do, though, to try to diminish the
liability and responsibility of the Town, because what we're doing is borrowing
$100,000 from the County and loaning it to the ferry company and if they don't pay
we have to pay the County. I don't like that.
SUPERVISOR MURPHY: We have a mortage on the property.
TOWN ATTORNEY TASKER: We have to pay it back to the County. We have to
rely on the ferry company paying us in order to pay back to the County.
COUNCILMAN STOUTENBURGH: What collateral do we have?
TOWN ATTORNEY TASKER: We have a mortgage on their property.
COUNCILMAN STOUTENBURGH: That sounds pretty good to me at the price of
property on the waterfront.
COUNCILMAN TOWNSEND: The issue here also, Frank, is that Bob was trying to
address, as I recall, was the fact that under this loan Cross Sound's supposed to
create X number of jobs and ! assume---10 jobs in Southold Town. Now, there's
some question as to whether they can do that or will do that and under the terms
of the original agreement we would be subject to paying back that loan if they
did not and then we would have to go after their property---
SUPERVISOR MURPHY: There is no question that they will not do it. They have
done it already.
COUNCILMAN TOWNSEND: In Southold Town?
SUPERVISQR MURPHY: Yes. And there is no question that they would not do it.
TOWN ATTORNEY TASKER: They have to create them from the date of the agree-
merit--ten of them within six months.
SUPERVISOR MURPHY: They will be created.
COUNCILMAN SCHONDEBARE: Now wait a minute. They are created as you said
or will be? Will be means to be.
SUPERVISOR MURPHY: The jobs will be there for what the County has asked for.
COUNCILWOMAN COCHRAN: Within six months? Is that the time frame?
SUPERVISOR MURPHY: Yes.
TOWN ATTORNEY TASKER: Six months from the date of this agreement. Ten new
jobs, not the ones they've got now.
COUNCILMAN SCHONDEBARE: Let's see. If I remember correctly the ~greement you
wrote back up---
SUPERVISOR MURPHY: We have a mortgage with no impediments on it on that piece
of property at Orient, which I think Mr. Schick has up for sale now for a passive
park for somewhere like three or four million dollars, and this piece of property is
probably equal in value.
236 APRIL 9, 1985
COUNCILMAN SCHONDEBARE: Mr. Schick has it up for a passive park? Wasn't
aware of that one, Supervisor.
SUPERVISOR MURPHY: Mr. Schick is being asked--
COUNCILMAN SCHONDEBARE: He's asked to--passive park. Bob, you changed it
around, didn't you, in the contract? The ten iobs that they're supposed to create,
and if they didn't create it we had to pay back the money. You made it so that we
will do our best efforts---
TOWN ATTORNEY TASKER: The way it was originally written by the County it
provided that the Town will insure that ten full-time jobs will be created within a
period of six months from the date of this contract and then the next paragraph
of the contract says that the Town will monitor the ferry company to assure that
these jobs are created and then it said if these jobs are not created the loan f~om
the County to the Town will be in default. Now I changed that and I said that
we will not insure the jobs, we will only use our best efforts to try to get them
to create them. Number two, that their failure to create them will not constitute
a default of the agreement, nor will it cause an immediate repayment of the $100,000.
In a further paragraph--the last paragraph of the agreement which I drew, I provided
that the Town's responsibility to repaying the $100,000 to the County is limited only
to the funds which the ferry company pays back to us or any excess funds that are
left that are not used for the project. Now~ that's the best I could do.
COUNCILMAN SCHONDEBARE: Okay.
SUPERVISOR MURPHY: Any other questions? (No response.)
23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebarer
Councilman Stoutenbur§h, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to authorize me to sign an agreement with
Cross Sound Ferry.
24.
Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, 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 CRoss Sound Ferry, Inc. whereby Cross Sound Ferry, Inc. is to be loaned ~he
sum of $100,000.00 of Community Development Block Grant funds at an interest rate
of 6 percent for a term not to exceed 84 months for the specific undertaking and
completion of the Improvements to the Orient Point Ferry Terminal, all subject to
approval of Town Attorney Tasker.
TOWN ATTORNEY TASKER: That was the one we had the big pow-wow about this
afternoon.
TOWN CLERK TERRY: Which we don't have yet.
TOWN ATTORNEY TASKER: I don't have it, because I just got the information at
5:00 o'clock.
COUNCILMAN SCHONDEBARE: Well, i'm not going--as I said before, I'm not going
to agree to a resolution to have someone execute an agreement when I don"t even
have the agreement. It's like when we pass resolutions to support a law up in
Albany we don't even have the law. We got egg on our face a couple of times on
that--at least I feel we did. So I'm not going to go for Number 24 until I have
the agreement.
SUPERVISOR MURPHY: Any other questions on it?
COUNCILMAN TOWNSEND: What is the issue in contention here. Is the fact yo~
didn't have a copy of the County's requirements in this?
TOWN ATTORNEY TASKER: I didn't have any of the information that I needed to
put into t~e Agreement. I had written for it two months ago and I never did get
it. I have written to the ferry company and never get any response, so I have a
difficult time drawing an agreement if ! don't know what the terms and conditions
have to be. I just got it this afternoon. You won't have this until the next meeting.
COUNCILMAN TOWNSEND: Frank, is it critical that we have this prior to the next
Board meeting?
SUPERVISOR MURPHY: We could probably wait not much longer than that. The
County is very anxious to have this money that has been committed by Community
Development to a special project to be acted upon. They're very upset that it's
taken this long to get this agreement.
COUNCILMAN SCHONDEBARE: I for~one am i~ot overly thrilled about Ioaninq
$100,000 to a corporation that doesn~it ~s~e !fit to retUrn the letters or the phone
calls of the Town Attorney. That's not the way you start out a nice business
arrangement.
SUPERVISOR MURPHY: I don't think that was the problem, Jay. All right, any
other questions on it? (No response.)
2~l.-Vote of the Town Board: Ayes: Councilman Stoutenburgh, Supervisor Murphy. Noes: Councilwoman Cochran, Councilman Schondebare, Justice Edwards.
COUNCILMAN TOWNSEND: Well, I'd like to hold it.
COUNCILMAN
going to have
COUNCILMAN
STOUTENBURGH: The reason I voted, yes, was that our lawyer is
the last say in this.
TOWNSEND: I'd like to look at it though.
COUNCILMAN SCHONDEBARE: Then table the resolution.
SUPERVISOR MURPHY: We're voting on it now.
COUNCILMAN SCHONDEBARE: So let's finish this and we'll put it back on again.
It's no earth-shattering situation.
24.-Vote continued: No: Councilman Townsend. This resolution was declared LOST.
SUPERVISOR MURPHY: Number 25 is to appoint a Driver Messenger.
25.
Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVE~ that the Town Board of the Town of Southold hereby appoints Carol A.
Daly as a Driver Messenger for the Southold Town Hall, effective April 10, 1985,
at a salary of $5;00 per hour, for a maximum of 17½ hours per week.
SUPERVISOR MURPHY: Any questions on this? The purpose of this and the reason
that I feel that we could move on this one is that we are using--it's a very menial
job, so to speak, very hard job to find somebody to work three or four hours in
the middle of the day for us, to go and get the mail and make the bank run and
go to the Town Attorney's Office, or where ever else they would have to and possibly
cover a phone in a department for a period of time, is that we are using very, very
high priced help for it. We're using people who are making $18,000, $20,000,
$22,000 a year to perform these services and they are presently working a lot of
overtime , in particular our man in charge of building maintenance who does part
of this work and his salary is about $18,000 and I don't have the exact figure, but
I venture to say that he'll make between another $6,000 and $8,000 in overtime.
This is to try to control the overtime and using this type of personnel doing this
type of task. I think that we should act upon it right away. It's something that
we're not going to get a lot of resumes on and it's not full-time job that's going to
develop into, but it's a job that is very, very needed in the Town. We cannot afford
to send these people off on errands. Any other questions?
COUNCILMAN TOWNSEND: Yes. I told you this afternoon I feel this job is an
unnecessary job. That we do have people, and especially if we hire this part-time
clerk, because it's somebody in that office now that's theoretically going to be
unburdened by the part-time bookkeeper, is doing the bank deposits now. We've
had the custodian do the mail in the past. I think at this point it's just another
example of creeping expansion of government. We still want him to go to the mail
once a day, we still want him to go to the bank, even though there are three
different banks, only go to them once a day. It's not something we need to hire
an additional person for. So I'm not going to vote for this.
SUPERVISOR MURPHY: Any other questions?
COUNCILMAN SCHONDEBARE:
walk from the Town Hall down
every day.
COUNCILM~AN STOUTENBURGH: Well, it's not only for that I don't believe.
SUPERVISOR MURPHY: It's not only that.
COUNCILMAN SCHONDEBARE: The banks are all within a local area here.
think the position's necessary and I think it's a total waste of money.
SUPERVISOR MURPHY: Any other questions?
COUNCILWOMAN COCHRAN:
I find it amazing that we have to hire somebody to
to the post office and back again to get the mail
I don't
I just have a comment. It's an unnecessary position.
SUPERVISOR MURPHY: As I said in the Work Session, I wish the Town Board members
would spend a day in the Town Hall and see how unnecessary this position is.
COUNCILWOMAN COCHRAN: And I told you I would take you up on that and spend
a day in the Town Hall.
SUPERVISOR MURPHY: Thank you.
COUNCILWOMAN COCHRAN: Thank you.
COUNCILMAN SCHONDEBARE: We mentioned to you that you could leave and we
could be here. Jay could take Monday, Joe could take Tuesday, Ray could take
Wednesday, and you wouldn't have to come in until Friday.
COUNCILWOMAN COCHRAN: I'd walk down and-get the mail.
COUNCILMAN SCHONDEBARE: We'd be glad to do it for you.
SUPERVISOR MURPHY: Okay.
25.-Vote of the Town Board: Ayes: Councilman Stoutenburgh, Supervisor Murphy.
Noes: Councilwoman Cochran, Councilman Schondebare, Justice Edwards, Council-
man Townsend.
This resolution was declared LOST.
SUPERVISOR MURPHY: Number 26 is to .accept a bid.
26. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ the
Board of Commissioners ~of the Fishers Island Ferry District to accept the bid of
Thames Shipyard & Repair Co., New London, Connecticut, and enter into a contract
for the drydock!n9 of the M/V MUNNATAWKET at the bid price of $4,760.00, plus
$40.00 each for the sacrificial anodes, and for the accomplishment of supplemental
Items C and E at a cost of $850~00, all in accordance with the bid specifications.
26.-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: Bob, number 27 you say we can't accept this bid?
TOWN ATTORNEY TASKER: Well, i.think that's something that we should discuss
maybe a couple minutes after the meeting. Could you just recess after the meeting?
SUPERVISOR MURPHY: We'll hold number 27 and recess (accept bid for construction
of new docking facility at New London Harbor). Number 28.
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 Commisioners of the Fishers Island to advertise for bids for accomplishin9
repairs and renovations, as per specifications, of the brick Cape Cod single family.
28.
dwelling located at Whistler Avenue, Fishers Island, which was acquired from the
General Services Administration in April 1984.
-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenbur§h, Justice EdWards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29 is to renew a trailer permit.
29. Moved by Councilwoman Cochran, seconded by 'Justice Edwards, it was
RESOLVED that the application of George Ao McCarthy for the renewal of his single
family trailer permit for trailer located on private road, off of the south side of Main
Road, Laurel, New York, be and hereby is 9ranted for a six (6) month period.
29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murph'
This resolution was declared-duly ADOPTED.
SUPERVISOR MURPHY: Number 30-a concerns the Orient Mosquito District.
30.
(a)
Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that pursuant to Article IX of the Constitution of the State of New York,
the Town Board of the Town of Southold hereby request the enactment of Senate
bill No. 4724, entitled "AN ACT to amend chapter two hundred forty-six of the laws
of 1916, relatin9 to the extermination of mosquitoes and the establishment of districts
therefor, in relation to the amount of the annual appropriation by the Town of
Southold for the Orient Mosquito District." It is hereby declared that a necessity
exists for the enactment of such legislation, and that the facts establishing such
necessity are as follows: The Town of Southold does not have the power to enact
such legislation by Local Law.
APRIL 9, 1985
COUNCILMAN TOWNSEND: What we:~::~ld~iog, I gather, is raising the amount
that's stipulated in the existing legisl~ti~Lfrom $10,000 to $15,000, which is in the
new legislation. The money from this comes from the District itself. It's not a
Whole Town charge and they apparently feel it's money well spent.
COUNCILMAN SCHONDEBARE: By way of history, it was established in 1916.
And the Mosquito District is the only such district in Suffolk County.
COUNCILMAN STOUTENBURGH: I think in £he State of New York, isn't it?
TOWN ATTORNEY TASKER: Probably in the State. Probably in the whole world.
30.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(a) CoUncilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duiy ADOPTED.
SUPERVISOR MURPHY: Number 30(b) also is concerning Orient Mosquito District.
the Companion Bill in the Assembly.
30.
(b)
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that pursuant to Article IX of the Constitution of the State of New York,
tile Town Board of the Town of Southold hereby requests the enactment of Assembly
bill No. 6633, entitled "AN ACT to amend chapter two hundred forty-six of the laws
of 1916, relatin9 to the extermination of mosquitoes and the establishment of districts
therefore, in relation to the amount of the annual appropriation by the Town of Southold
for the Orient Mosq,uito District." It is hereby declared that a necessity exists for
the enactment of such legislation, and that the facts establishing such necessity are
as follows: The Southold Tow Board does not have the power to enact such legislation
by Local Law.
30.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(b) Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is a very interesting one.
31.
Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby 9oes on record in
support of the Orient Association's efforts to have Orient Point become a passive
park.
SUPERVISOR MURPHY: Any questions? (No response.)
31.-Vote of the To'wn Board: Ayes: Councilwoman Cochran, Councilman Schondebare,~
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared dul,y ADOPTED.
SUPERVISOR MURPHY: Number 32(a).
32. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby elect to provide
the additional pension benefits of Section 375-e, as presently or hereafter amended,
and entitled "guaranteed retirement benefits for employees of participating employers"
(Southold Town Police Department members); and
BE IT FURTHER RESOLVED that this election shall become effective on the 15th day
of April, 1985.
32.-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh,
(a) Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman
Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32(b).
32.
[b)
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold does hereby elect to provide
the Career Retirement Plan of Section 375-g of the Retirement and Social Security law
as presently or hereafter amended, for empoyees of participating employes" (Southold
Town Police Department members); and
BE IT FURTHER RESOLVED that this election shall become effective on the 15th day
of April, 1985.
32.-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh,
(b) Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman
Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32(c).
32. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
(c) RESOLVED that the Town Board of the Town of Southold does hereby elect to provide
240
APRIL 9, 1985
the benefits of Section 375-i of the Retirement and Social Security Law as presently
or hereafter amended, (Southold Town Police Department members); .and
BE IT FURTHER RESOLVED that this ~election shall become effective on the 15th day
of April, 1985.
32.-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh,
(c) Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman
Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: What this is about is to have this 375-i program available to
the Police Department. It's one that will actually cost the Town less money, give
some additional benefits for those policemen who have over 25 years of service. It's
in the contracts and it was through an oversight of the State that they did not pick
this up when the contract was signed this year and we have a man who wants to
retire an(i use this pian.---Number 33 is to appoini a park-time Clerk Typist for the:
Board of Appeals.
33. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara
Rudder, to replace Linda Taplin, as a part-time Clerk Typist in the Office of the
Board of Appeals, effective immediately, at a salary of $5.00 per hour, 17½ hours
per week.
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 authorize the sale ~f Lot 38, Greenport
Driving Park to the Greenport Housing Alliance. I'm very happy to offer that
resolution.
Rescinded 8/15/89 by Resol. #18
34.. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the sale
of Lot 38, Greenport Driving. Park, Map No. 369, Disirict 1000, Section 048.00, Block
03.00, Lot 010.00, acquired from the County of Suffolk by Deed: dated October 30,
1984, to the Greenport Housin9 Alliance, at the sale price of $6,300.00, with payment
deferred until the Greenport Housing Alliance rehabilitates and sells said property,
all matters concerning the conveyance of said property is subject to the approval of
Town Attorney Tasker.
34.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy-.]
This resolution was declared duly ADOPTED.
(RESCINDED ON 6/4/85 IN RESOLI~TION NO. 31 - SEE NEW RESOLUTION NO.32)
SUPERVISOR MURPHY: Number 35 is'for a new trailer permit for Jacqueline B. Moeller.
35.
Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Jacqueline B. Moeller to locate a single family house trailer behind Inorth of) the main
barn on her at Hidden Lake Farm, north side County Route 48, Southold, for the
purpose of housing an employee therein, all in accordance with her application dated
April 8, 1985, for a period of six (6) months).
COUNCILMAN STOUTENBURGH: I feel this is wrong l~or the simple reason that it's
opening Pandora's Box, which has been somewhat been kept tightly shut in Southold
Town as far as giving house trailer permits. I can understand, and I heartily go
along with someone who has a problem, their house burns down, they need a temporary
home, they have a farm help who's going to be here for the summer and then leave.
I can see this kind of thing. I cannot see it for someone who is going to have someone
on the premises year-around in a living home. I think there are better ways of housing
people than in a trailer, i will vote against it.
SUPERVISOR MURPHY: Any other questions?
COUNCILMAN TOWNSEND: Well, I think what my feeling is is that it's farm propert
and we have done it in at least three other instances that I can think of off hand an~,~
although I agree with you to the extent that I would hate to see the proliferation of
these things, that has not been the case in the past and I think that maybe at least
for the first six months I'll go along with that, but in the meantime I plan to work
on an ordinance that will address this issue, because it's becoming an issue with the
vineyards and some of the other farms. I'd like them to maybe come up with some
different requirement for housing farm employees, but in this instance I think I'll go
~with it for the six months.
COUNCILMAN SCHONDEBARE: Are you going to draft your law by yourself or are
you going to refer that to the Code Committee?
COUNCILMAN TOWNSEND: Well, I'm on the Code Committee.
COUNCILMAN SCHONDEBARE: We're going to do it. I knew it.
SUPERVISOR MURPHY: Any other
COUNCILMAN STOUTENBURGH: This is somewhat hidden here. For a period of
six months is what our trailer permits are for. In other words, every trailer permit
is renewable every six months. It does not say that the person is going to be in
here for just six months, Joe.
COUNCILMAN TOWNSEND: No, but at the end of six months he maybe out of there
because---
COUNCILMAN STOUTENBURGH: And what if they aren't?
COUNCILMAN TOWNSEND: Well, they would be if---
COUNCILMAN STOUTENBURGH: Then we renew it again and we now have another
house trailer.
COUNCILMAN TOWNSEND: That has been the tradition in the past, but I don't see
how we can go ahead and do this when we've done it---
COUNCILMAN STOUTENBURGH: Because you've done it for people for a period of
time, not for a year-around person.
SUPERVISOR MURPHY: Any other questions? (No response.)
35.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman
Stoutenburgh.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 36 is in support of Senate Bill 3047.
36.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare,, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on record in
support of Senate Bill No. 3047 and Assembly Bill No. 888 entitled, "AN ACT to
amend the environmental conservation law, in relation to prohibiting the operation
of private landfills in Nassau and Suffolk County without the prior approval of the
town board in which such landfill is located," and Senate Bill No. 1994 and Assembly
Bill No. 1067 entitled, "AN ACT to amend the environmental conservation law, in
relation to local regulations of the extractive mining industry and repealinc~ subdivision
two of Sectio..n, 23-2703 relating thereto."
SUPERVISOR MURPHY: This is--t~he DEC seems to have more power in granting these
permits than the town and the towns are very concerned about illegal landfills in their
towns and the DEC is coming down extremely hard on all town landfills and seemingly
doesn't have the personnel and are ignoring some of these problems in granting permits
for non-garbage dumping and they have no method of enforcing these construction
debris, landfills and they have a potential of causing a lot of problems in the town.
Right now we're quite lucky, but some of the towns--Smithtown, Huntington, islip--
are not as fortunate as we are.
COUNCIL.MAN TOWNSEND: We have several old sand mining operations that might
be affected and also 'the other East End towns that are involved are Southampton,
East Hampton. They're both submitting similar legislation along with Smithtown.
SUPERVISOR MURPHY: I think all ten towns in Suffolk County would be doing this.
COUNCILMAN SCHONDEBARE: You would think that the DEC would be more restrictive
than the towns, but it turns out to be the other way around. They were a little more
liberal 'in allowing it and the towns didn't want it. That's the purpose of this.
36.-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 37 is a Local Law on Junkyard fees.
37.
Moved by Councilman Townsend, seconded by Councilman Schondebare,
WHEREAS, a proposed Local Law No. 8 - 1985 was introduced at a meeting of this
Board held on the 26th day of March, 1985, and
WHEREAS, a public hearing was held thereon by this Board on the 9th day of April,
1985, at which time all interested persons were given an opportunity to be heard
thereon, now, therefore, be it
RESOLVED that Local Law No. 8 - 1985 be enacted as follows:
LOCAL LAW NO. 8- 1985
A Local Law in relation to license fees for junkyards
BE IT ENACTED by the Town Board of the Town of $outhold as follows:
(additions indicated by underline; deletions by [brackets].)
I. Subdivision A of Section 54-6 of Chapter 54 (Junkyards) is hereby amended
to read as follows:
A. The fee for the license is hereby fixed in the sum of [twenty-five]
one hundred dollars [($25.)] ($100.00), which sum covers not only
the cost of issuing the license itself but also the cost of making the
necessary inspections of the premises to ascertain compliance with
the regulations herein prescribed.
11. This Local Law shall take effect upon its filing with the Secretary of State.
37.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That's the end of our prepared and added-on agenda.
COUNCi~¥iAN SCHONDEBARE: Why don't w~ add on the animal fees too?
SUPERVISOR MURPHY: I don't think we should discuss that. As I said, that's
the end---
COUNCILMAN SCHONDEBARE: All right, I'll let it go.
SUPERVISOR MURPHY: ---and at this time I would like to ask anyone on the Town
Board for any further comments, starting cn my right. Jay?
COUNCILMAN SCHONDEBARE: No, thank you.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: It's been fun.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: No.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Thank you, no.
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS: No. It's been a long day, thank you.
SUPEI~VISOR MURPHY: Okay, at this time i'd like to ask anyone in the audience
if they would like to address the Town Board. Starting over on the left.
NORMA MILLER, representing the Greenport-Southold Chamber of Commerce: I didn't
realize that we wouldn't have time to read these letters, so I'll just submit them. It's
on the density law that we are reiterating a statment that we feel that you should wait
for the Master Plan. (April 9, 1985. "Southold Town Board, Gentlemen: The Board of
Directors of the Greenport-Southold Chamber of Commerce, by unanimous vote at a
regular meeting held on April 1, 1985, passed a resolution reiterating their opposition
to the proposed Local Law in relation to "Dwelling Unit Density" for the reasons stated
in our initial letter concerning our oppOsition to the legislation in the proposed local
Law. According to the survey conducted by the chamber, it appears to be detrimental
to the wishes of the community in' the fact that they want more apartments. If they
want more apartments, why make it more expensive to build apartments by cutting
the density? We don't understand the urgency of this proposed legislation since these
changes are supposed to be in conjunction with the revised Master Plan which has not
yet been presented to the public for their review and comments. Bernard Dempsey,
President, on behalf of the Board of Directors, Greenport-Southold Chamber of
Comerce.") (April 9, 1985. "Southold Town Board, Gentlemen: Representatives from
the three chambers of commerce met with the "Commerce & Industry Committee" of ~
the Southold Town Board and discussed the mtroduct.on of economic Impact statement}
to be conducted by the town board before making any decsions on planning, zoning,~ ~
and other important issues confronting the business community. We feel that it would
be beneficial to have the incorporatio.n of an economic impact statement taken into
consideration in the planning process for the Town of Southold. The Town Board
members on the commerce and industry committee were to discuss this idea with the
entire Town Board and get your feelings on this matter. To date, we have not had
any response to this inquiry. Please discuss this matter and let us know how you
feel. Bernard Dempsey, President, on behalf of the Board of Directors, Greenport-
Southotd Chamber of Commerce.")
SUPERVISOR MURPHY: Thank you. Anyone else? In the center? Anyone over on
the right?
JOHN SKABRY, Peconic: I read an article in the Newsday about tl~e aircraft
industry and I did a little research on it. The article is from March 13th, 1985 and
APRIL 9, 1985 243
it stimulated a little question in~ my mind and I was wondering if anybody else on the
Town Board would be industry gain, Cessna disclosed
plan to boost jet sales. The ircraft Company predicted
yesterday a modest improvement this year for the beleagered general aviation airplane
industry and announced a plan designed to increase their sales of jets as most profit-
able planes. Russell Meyer, whose Wichita, Kansas company, is the world largest
maker of general aviation aircraft, predicted a modest increase in sales of jets and
turbo-prop aircraft for the industry as a whole. This year over last, and no increase
in units for Cessna, although he said dollar value should icnrease. Sales of general
aviation aircraft have been slumping since 1979," which I sent everybody on the Town
Board a letter last month about that. "A total of 2,438 U.S. built planes were sold
last year, reflecting a nine percent drop from the year before, according to the
General Aviation Manufacturers Association, a trade group." The best year was 1978,
it's best year. "The rising price of fuel and maintenance costs and two economic
recessions are among reasons cited for the drop, but deliveries of ; *~ +~'"
je~..~, ~,,,~ most
expensive general aviation planes, rose by twenty percent to 171 aircraft last year
over the year before, the Association said, so that the industry's dollar sales rose
by sixteen percent to one point seven billion. Meyer expressed optimism for a slow
recovery of sales of piston-powered private and business aircraft, which have fallen
off most sharply during the industry's six year sales decline. He said Cessna sales
of larger aircraft subsidized production of smaller ones, but he said the company
has no intention of abandoning the small aircraft production. The plans to increase
jet sales involves a newly introducted 2.7 million dollar Citation S2, a jet that carries
six passengers and a crew of two." It goes on and on about the aircraft, but the
Cessna il made me think about the airport that the Town Board enacted a $62,000
study to find if it would be suitable for the Town of Southold, back in 1983, so I
wrote a letter to Supervisor Murphy last night and I'!1 read it now just to get it
into the minutes if it would be all right. "Dear Supervisor Murphy, There seems
to be some confusion on the ability of jest aircraft to operate at Southold's proposed
airport." By the way, I got a lot of help from a couple of pilots and somebody that
used to work with the FAA and I can sub~,tantiate them, rather than read it to you.
"Federal Air Regulations Part 25, the safest criteria under which an aircraft can be
designed, tested and certified prescribes the minimum runway length for each aircraft.
To earn its FAR 25 certification aircraft have to undergo the FAA's most brutal tests,
the same standards used in certifying commercial airline jets. Let's look at the runway
length requirements at sea level of some popular twin engine iet powered aircraft. All
performance data are FAR 25 certified at maximum or typical aircraft weights. The
Cessna Citation I Jet - takeoff 2930 feet, landing 2,270 feet. 1'he Cessna Citation II
Jet - takeoff 2,990 feet, landing 2,540 feet. The Gates Learjet 30 Jet - takeoff 2,780
feet, landing 2,760 feet. The Mitsubishi Diamond II Jet (which the Japanese are really
moving in quickly on a smaller aircraft) Mitsubishi Diamond II Jet - takeoff 2,980
feet, landing 2, 620 feet. I find on page 5-4 of Southold's Airport Site Selection Study
the following: "runway length requirement of 3,600 feet for the new Southold Airport."
The study also notes that the Rose Field in Orient is 1,100 foot and Mattituck Field is
2,200 foot." My question' to the Town Board tonight is: "Why an airport more than
triple the size' of Rose Field? At Westhampton our County has afforded its citizens
one of the finest general aviation facilities on the east coast. Five fixed base operators
and flying schools, a half hours drive from Southold this airport has been run at a
tax subsidized deficit since its inception, in more ways than one Southold can ill
afford thi~multi-million dollar unrestricted FAA airport. I urge the Town Board to
stop this Study now before any more of my tax money is wasted." i'd like to give a
copy of this to the Clerk. I was wondering if anybody on the Town Board would know
why the study calls for a 3,600 foot runway? More than three times the size of Rose
Field.
SUPERVISOR MURPHY: Thank you, John. Is there anyone else would like to address
the Town Board? If not at this time I would like a motion to recess so we could
discuss further the bid for Fishers Island Ferry District.
MRS. MARGARET SKABRY, Henry's Lane, Peconic: I know we're supposedly trying
to save money or something. Now, I've only met one person from Fishers Island
that I know of and I've never been there. I don't get it. Number 27 I don't
understand. If you've got a Fishers Island Ferry to bring the people to and from
Long Island--it is part of New York State, Fishers Island, yes?
SUPERVISOR MURPHY: It!s part of New York State, part of Southold Town.
MR. SKABRY: So why are we talking about fixing a thing over in New London?
SUPERVISOR MURPHY: It's at their property, that's where the boat docks.
MRS. SKABRY: Whose property?
SUPERVISOR MURPHY: Southold Town's property.
244 APRzL 9, zgs
MRS. SKABRY: Owns property in New London?
COUNCILWOMAN 'COCHRAN: No, the boat runs between Fishers Island and New
London.
MRS. SKABRY: Construction of a new docking facility at New London, Connecticut.
SUPERVISOR MURPHY: That's true.
MRS. SKABRY: I don't get it.
SUPERVISOR MURPHY: That's where the boat docks, the ferryboat docks.
TOWN CLERK TERRY: It doesn't co,~e to Orient Point.
MRS. SKABRY: Oh, I get it. We pay for a ferry---
TOWN CLERK TERRY: You don't pay for it.
MRS. SKABRY: Well, I don't get it.
COUNCILMAN SCHONDEBARE: It's Fishers Island. It all comes out of there. It's
a District. The only people who get taxed for that are the people who live within
the District and the only people who live within the District is everybody on Fishers
Island.
MRS. SKABRY: All right, and then they pay for their drydocking? And repairs?
COUNCILMAN SCHONDEBARE: Everything, yes. The taxpayers of Southold Town
have a--they don't get charged for it.
MRS. SKABRY: And then they're going to pay to repair the Cape Cod?
COUNCILMAN'SCHONDEBARE: Yes, it's out of the District.
MRS. SKABRY: Out of their District. Right. Thank you.
COUNCILMAN SCHONDEBARE: 'And then we tax them to boot, as Judge Edwards
very well knows.
SUPERVISOR MURPHY: Is there anyone else?
MR. DAVID SPOHN, North Fork Aviation AssOciation: Members of the Town Board,
I'd just like to make a small comment. At this particUlar point I represent the
North Fork Aviation Association--just a brief comment reference aviation itself. I
have three magazines here and i think that it's been misquoted. The FAA has
published a new survey in General Aviation Activity which shows a slight increase
in the size of the fleet in 1983, but a drop in the number of hours flown, and -to
go on to another article the government's figures also show that commuter air taxi
operations are expected to nearly double their 1984 volume by 1996, and in reference
to the questions asked about small airports, 1,100 feet of runway is very, very small.
It's no guideline. And all the other questions in. reference to jets will show to be
answered in the study. I thank you for your time.
SUPERVISOR MURPHY: Thank you, Dave. Again, is there anyone else would
like to address the Board?
COUNCILMAN STOUTENBURGH: When is this doubling to when, Dave? 19--what was
that?
MR. SPOHN: 1996. It's different aspects of it.
SUPERVISOR MURPHY: Anyone else like to address the Board? (No response.)
At this time I would like to have a motion to recess for a few minutes to discuss
with our Town Attorney a bid from the Fishers Island Ferry District.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that a recess be called at 9:16 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.
WORK SESSION
The Board discussed the proposed acceptance of a bid by the Fishers Island Ferry
District for the construction of new docking facilities at New London Hai'bor.-Resolution
No. 27. The Town Attorney will further discuss this bid with the District and if
necessary the Board will call a special meeting for adoption of this resolution.
Meeting reconvened at 9:24 P.M.
Moved by Councilman Schondebare, seconded by Supervisor Murphy, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 9:25 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