HomeMy WebLinkAboutTB-08/13/1985484
SOUTHOLD TOWN BOARD
AUGUST 13, 1985
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr.,
Councilman Stoutenburgh, Councilwoman Cochran, Justice Edwards (9:30 A.M.),
Councilman Schondebare (10:00 A.M.), Town Clerk Terry, Town Attorney Tasker
(9:45 A.M.), Superintendent of Highways Dean (9:50 A.M.).
9:00 A.M. - The Board met with Frank Tarulli, President of the East End Horse-
mens and Livestock Association, Patricia Lollott, a member of the same organization
and Victor Lessard, Executive Administrator, to discuss the recently defeated Local
Local" relative to the regulation of horses. Mr. Tarulli stated that the main objection
was to the accessory use; the principal use they were satisfied with. They would
like the law to read 10,000 sq. ft. for each horse. After much discussion, it was
agreed Mr. Taruili would submit a revised proposal based upon the defeated law,
which would be reviewed by Mr. Lessard and Town Attorney Tasker and resubmitted
to the Board for consideration.--Following this discussion Mr. Lessard brought to
the Board's.- attention_ Suffolk County Health Department's Article 6 and the fact they
are not accepting any type of Set-off. Supervisor Murphy suggested a meeting between
Commissioner of Health Harris, Aldo Andr~ioli of his staff, the Planning Board and
Mr, Lessard to discuss the problem in depth.
9:45 A'.M. - The Board began auditing outstanding bills.
10:05 A.M. - Stanley Carey, Laurel, spoke to the Board about several alleged
of his neighbor, who is currently before the Court of Appeals with the Z0ni
of Appeals. His concerns are a garage being used as a dwelling and 'a Shecl~' Which
his neighbor was given one year to move by Justice Tedeschi. Mr. Carey and Town
Attorney Tasker left the room to further discuss this'matter and attempt to resolve
Mr. Carey's concerns.
10:25 A.M. - Michael Giampietro, General Mana~]er, Dimension Cable Services, and
five associates, including Alice Blackmore, Special Projects Manager,' met with the
Board in response to Councilman Townsend's letter questioning certain provisions
of the Cable contract with the Town. Mr. Giampietro's response in writing dated
August 5, 1985 (on file in the Town Clerk's Office) was discussed item by item.
Mr. Giampietro informed the Board that the rebuild and extension of expanded
cable services to Southold Town residents began on February 1, 1985 and are
basically completed, 41 days early. The expect to be fully completed by August
31st and appreciate the Town's cooperation in all respects. Specific areas of
concern addressed: Identification of Dimension Representatives: all employees
carry photo identification cards, signs for the contractor trucks have been secured
and will be used in the future. VCR Installation: Converter. switch can be installed
by the subscriber or a charge if Dimension makes the installation and a monthly
charge of $4.50 per outlet. Remote Control Option: The remote controls subscribers
have with their TV's does not work on the converter and the Dimension remote control
is monthly charge. Councilwoman Cochran objected to this charge, stating it is not~
a
luxury
item to her as she already had one and paid for it when she purchased heri
TV and now it does not work on the converter. Sales Representative Appointments: ~ ~
To make predesignated appointments would have delayed the completion of the conversion
and in their "report card" survey they found the door to door contact I~o be highly
rated. Public Access: They have provided free installation and service to 14 public
entities and will 'be happy to explore service to any others that remain upon receipt
of a list of those entities. Installation: Mr. Giampietro and his staff is in constant
contact with the Supervisor's Office concerning administration of the franchise and
resolution of subscriber complaints~ and a~e' anxious to have any of, her information
concerning unsafe installation procedures or concerns forwarded to them by any other
public official or resident. Insurance Certificate: This certificate has been changed
to conform to the Town's request. Performance Accountt: The account was established
late, as pointed out in Councilman Town's letter, and seemed to have resulted f~rom
the transition in management. Mr. Giampietro invited all members of the Town Board
to participate further in the process of providing quality cable television service to
Southold Town residents.
AUGUST 13, 1985 -. 485
11:15 A.M. - Robert Muir, Beach Ma,nager, met with the Board to advise them that a
number of Lifeguards are leaving for college early this season and some beaches must
be officially closed to swimming. He will.have a-sufficient number of Beach Parking
Attendants on duty through Labor Day to enforce the beach parking regulations. The
Board instructed Mr. Muir to use only Certified I~ifeguards and to close as few beaches
as possible; Mr. Mu[~ submitted the names [see Resolution No. 20) of two new Life-
guards who are certified and one Beach Attendant to complete the season. He was also
instructed to have the necessary signs prepared and erected notifying the public that
the beaches are officially closed to swimming.
11:30 A.M. - For DiscussiOn Items: [1) Fee schedule-for, vehicle and shellfish permits
for 1986: The Town Clerk was advised the fees would remain the same. (2.a.&b.)
Environmental Assessment for "A Local Law to nrovida {'or a Moratorium in certain
zonin9 use districts.": Non-signifiCant (see Resolution NO. 22). Set a public hearin9
for same at 7:30 P.M.' August 27th (see Resolution No. 23). (3) Pending decision on
Hodor/StaHer Relief Petition: Resolution should be prepared and ready for the August
27th meetin9. (4) Letter from Paul S. Puckli, Enfironmental Science and Engineering'
Inc. re: Airport Study. The FAA has requested additional time to Auclust 30th to
complete their review, after which Mr. Puckli and the Town Advisory C~mmittee will be
permitted time to comment, after which the public will be al]owed to comment, and 'then
an informational hearin9 will be held. (5) Report of William F. Mullen, Jr., Plannin9
Board Member re: Housing - Affordable. This report will be discussed at the 4:40
P.M. joint meeting with the Town Board, Housin9 Advisory Committee and Greenport
Housing Alliance. (6) Report from Executive Administrator Lessard relative to a
complaint re: Yasso Beverage building and ,grounds, Main~ Road, Mattituck,.a:nd his
subsequent inspection and recommendation to the Zoning Board of Appeals. (7) Request
of William' Klatsky, re: Meadow Farms change of zone petition, for a Scoping Session
relative to the preparation ora Draft Environmental Impact Statement. The Town
Board would like Planner David Emilita-to 'conduct this.session and a' date ~ill be
set When Mr. Emilita returns 'from vacation. (8) Resumes have been received for
the positions of Recreation Instructors and a date must be set for interviews. The
Board will request Susan Fossett, .Recreation Director, to schedule the interviews
'and the Board will plan to attend. (9) Letter from R.W. Beck and Associates with
regard to a proposed study for establishing a municipal electric utility to serve Eish'ers
:!sland .(cost of the study to_be $._10,0.00). The Supervisor will arrange a meeting .on
Fishers island between the Town Board, the Fishers I-sland Electric Company, Fishers
Island Civic Association and residents to discuss their feelirigs and~wishes concerning
such a study. (10.a.) Letter from the Town Trustees concerning a severe drainage
problem at the corner of Dogwood Lane and Kenneys Road, Southold. Superintendent
of Highways Dean will develop a solution for this problem. (10.b.) Letter from the
Town Trustees concerning the deterioration of the Town bulkhead at the terminus of
West Road at Boarmans Harbor. Superintendent of Highways Dean stated a solutionzto
this problem is being worked on. at the p~esent time. (11) Letter of complaint from
Barbara A. Cruess and Marjorie M. Bunyan concerning the use of the beach area at
the foot of the 56 Steps at the terminus of Sound Drive, Greenport. (12) Recommenda-
tion of Executive Administrator Lessard for a part-time Building Department Clerk on
Fishers Island, f0r,.' which the Board agreed there is a need, and authorized the Town
Clerk to advertise for resumes for same (see Resolution No. 21). A letter referring
to this need was received from Faulkner Contracting, .Inc., A. John Gada General
Contracting, Inc. and Z. & S. Contracting, inc., concerned contractors on Fishers
Island, who also submitted proposals 'for amendments to the Town Building Code with
respect to Home Improvement Contractors Licenses. [13) Receipt of Public Access
guidelines from Dimension Cable Services.
12:25 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened and the.Board reviewed proposed resolutions
for the Regular Meeting Agenda.
3:00 P.M. - Public Hearing on "A Local Law in relation to parking restrictions,
stop intersections and yield intersections."
3:05 P.M. - Recess.
3:15 P.M. - Work Session reconvened and the Board met with representatives of
East End Community Services, Inc. relative to their request for a $25,000 grant
for their start-up year. In attendance: New York State Assemblyman Joseph
Sawicki, Jr., East End Community Services, Inc. Executive Director Stanford J.
Searl, Jr., Associate Jay P. Slotkin, M.D., Board of Directors members: Jerome
P. Bolger, Reverend James M. Barr, Venetia McKeighan, who is also Director of
the Southold-Town Nutrition Center and Senior Services for Southold Town, Chris
Kent, Aid to Suffolk County Legislator Gregory Blass, Helen Proud, Suffolk County
Department of Health Services, Michael Lugrano, Medicaid representative. Reverend
Barr introduced the following individuals to addressed the Board with", respect to
their field of expertise: Dr. Slotkin spoke about the need for more Town services
for the elderly who number between 700 and 850~ and the plan to (1) provide direct
home care, (2) provide family support, (3) informational resource for elderly and
families, (4) sliding scale fees. Jerome Bolger stated the State of New York has
allocated a $25, 000 .one-time~.star~t-up grant; there is $25,000 in County funds avail-
able and i~ will be about two years before the facility will be eligible for Medicare
reimbursements. Mr. Bolger reviewed the proposed budget with respect to the
number of patients, visits and expected revenue and loss. The~y are now before
the Town Board for $25,000 in additional start-up funds. When questioned by
Councilman Schondebare, Mr. Bolger stated they would be back again before the
Board next year for additional funding; they are working on other grant proposals
from various sources and will r~o to the community for funding if necessary. Stanfor~
Searl said they have applied to United Way and have had preliminary discussions
the Town of Riverhead for possible lunching; tl~ey have app led tor an~ l~ave proposa~
in to various foundations. Mr. ~Searl stated that it is not his intention to come back
to the Town Board next year requesting funds. Mr. Searl also introduced Mr. Bol§er,
Dr. Slotkin, Venetia McKeighan and Janet Redhead who is representing the Senior
Citizen groups. James Grathwohl is als0 invoived in planning and Alice AIbertson
is their nursing consultant. Assemblyman Sawicki informed the Board that he spoke
with Senator Kenneth LaValle earlier in the day and they both examined the proposal
for inclusion ir~the 1985-86 State Budget. The $25,00'0 grant is one-time-only, but
he and Senator LaValle ask the Town to give as much support to the project as
possible. Mr. Kent advised th~ Board that Legislator Blass has supported the proposal
and has asked the County Executive to put $25,000 in the budget. He would like to
meet with Dr. Harris of the County Health Department to request him to urge the
County Executive to include the money in the 1985 budget, but if unsuccessful, Mr.
Blass will have to put it in the 1986 budget. He advised that the County Legislature's
Health Committee has supported the proposal. Helen Proud questioned what the sliding
fee scale will be and how much it will cost people. Further, she would like to see
accountability, especially in the first year, as well as in the future, to ensure that
those individuals being cared for are not just those with insurance coverage. Mr.
Searl interjected that one of their focal points is to serve those people without insurance~
however Mr. Bolger indicated that financially the goal is to take advantage of the 79%
of the insurance coverage available. Mr. Lugrano, Medicaide representative w questioned
where they intend to find aides to cover the cases. Medicaide itself is having problems
providing aides, expecially in the East End, and he is concerned they will drain the ~--~
aides from the Medicaide clients who are more in indigent. Dr. Slotkin stated that
it is their intention to get the families involved and have them work with the ~des.
Mrs. McKeighan addressed the Board~ pointing out that the Town provides many
services for the elderly at the Center, but there is a glaring omission in home health
care~ She believes the East End Community Services, Inc. will be able to provide
higher wages for aides, with benefits included, and is confident there are people in
the community who are qualified to be trained without~ drawing from the County or
Medicaide personnel. Reverend Barr expressed his appreciation to the Board for
their time and stated that his greatest confidence in the program results from having
Stanford Searl, Jr. as their Executive Director.
4:15 P.M. - The Board met with Housin~ Advisory Committee members Herbert Mandel,
Chairman, George Wetmore, Vice-Chairman, Anthony Leone, Walter Krupski, Douglas
Clark, and Planning Board member William F. Mullen to review their recommendations
f.o.r affordable housin~ in the Town of Southold.
5:30 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meetin~ of the Southold Town Board was held on Tuesday, Au~.ust
1.3~-1985, at the Southold Town Hall, Main Road, $outhold, New York. Superv.sor
Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag.
Present: Supervisor' Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Ray'mond W. Edwards
Councilman Paul Stoutenburgh
'~ '~- ~ - Councilman James A. Schondebare -~- ?~
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
487
AUGUST 13, 1985
SUPERVISOR MURPHY: Good evening.' 'i'd'll'ki~ {o welcome you all here. I'd like--
to make a-special .note for the other people in the audience that tonight we have Mr.
Bert. Mitchell (Chairman, National Eagle Scout AssociationJ and a group of i~oy Scouts
doipg, their communication merit 'badge, on thei¢ way to Eagle Scouts, and I Would
like to compliment Mr. Mitchell on the great program. This is, I think, the third
year you boys have been here, not individually, but I wish you well in your work.
One of the nicest times that I've had as Supervisor is going to the various Eagle
Scout awards that we've had in Southold Town. The last one two boys, just.sbout.
two or three weeks ago, and it really was very good. Good luck in your endeavors
and keep up the good work. Moving on, I would like a resolution to approve the
audit of the bills of August 13th.
Moved by Counciiwoman Cochran, Seconded. by Councilman St0utenburgh, it was
Fund Whole 'Town bills in the ar~ourit of' '$'29','248.76; General Fund Part Town bills in
the amount of $17,162.27; Highway Department bills in the amount of $18;629.84;
Fishers Island Ferry District bills in the amount of $120,636.03; Southold Watewater
Treatment Plant bills'in the amount of $29,930.88; Accounts Payable, Whole Town
bills in the amount of $82.70; Agricultural Land Development Rights bills in the
amount.of.$8._~5;_Tub .Grinder Capital Account bills in the amount of $157.54'.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Cbun'ci|man Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next I'd like a resolution to approve the minutes of the
R~egular Town Board meetings of July 30th, 1985 and August 7th, 1985.
Moved by Councilman Stoutenburgh,. seconded by Councilwoman Cochran, it was
RESOLVED .that the_minute~ of the.Regular .T_own Board meeting of July 30, 1985,
and minutes of the Regular Town Board meeting of August 7, 1985 be and hereby
are. approved
Vote of the T~)wn Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
C0uhdilman Stoutenburgh, Justice Edwards, Councilman-Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next I'd like a resolution setting the next meeting as August
27th, 1985, 3:00 P.M., Southold Town Hall.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the next Regular Meeting of the Southold Town Board will be held at
3:00 P.M., Tuesday, August 27, 1985, at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayesr Councilwoman Coch~an, Councilman Schondebare,
Councilman Stoutenburgh, Justice. Edwards;: Councilman- Townsend, Supervisor. Murphy.
This resolution was declared duly-ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: Moving on-to your first item on your agenda. You boys, !
believe, all got your agendas'. You'll-find Items I through V on there. I'd like to
report that the ;Town Board started work at 9:00 o'clock this morning and we didn't
finish until about 5:30, quarter to six, and did most of the discussions of anything
that's on the agenda tonight. So if we hop over things fairly fast, there was quite
a bit of discussion and we had-, as you'll see on your agenda, four different groups
come to discuss various very important aspects of Town government with us. So
the first one is Reports. All these reports are on file in the Town Clerk's Office
for anyone who would like to read them over may. ' ....
1. Szepatowski Associates, lnc,,,progress report for July 1985.
2. Supervisor's monthly budget report for July 1985.
3. Town Clerk's month!/y report for July 1985.
·" 4. Building Inspector's monthly report for July 1985;
.... 5. East End Counseling Project monthly report as of June 27, 1985.
6. North Fork' Animal Welfare League, Inc., monthly reports for June and
July 1985.
7. Grants Programs monthly report for July 1985.
8. Highway Fund monthly report for July 1985.
9. Fishers Island Ferry District's monthly report for July 1985.
10. Town Justice T'edeschi's monthly report for July 1985.
.11. Councilmen's Reports. I'd like to start on my left with Judge Edwards from
Fishers Island.
JUSTICE EDWARDS: Nothing from this end. Thank you, Frank.
SUPERVISOR MURPHY: Councilwoman Jean. Cochran from Southold.
COUNCILWOMAN COCHRAN: Well, it's been a continuation of meetings in relation to
the Master Plan. i'm sure most of you are aware that we have completed the review
488 AUGUST 13, 1985
of the Master Plan itself and we are now reviewing the Zoning Map. We hope to
complete that with one more meeting, and then we will be taking this, as the Town
Board members dearly refer to, as taking it "on the road". We will be taking it to
the different hamlets within the Town for the people, to get response from them. I've
been attending other meetings. We did have a scopin~l session in relation to a develop-
ment - Southp. ort, with the DEC and the applicant. ! think it will take time to see if
g6ing, in'_t'his ~l'i~eCtion is beneficial. Also .I'd like to thank the Fishers Island Ferry
District for providing the .transportation for us to take our Town Board meetin~ over
to Fishers Island last week. I don~t know if any of you young men have ever been
t(~'Fishers Island, but it certainly is a lovely, lovely part of Southold Town. That's
it, Frank.
SUPERVISOR MURPHY: Thank you, Jean. Councilman Paul Stoutenburgh from
Cutchogue.
COUNCILMAN STOUTENBURGH: Nothing, Frank.
SUPERVISOR MURPHY: Councilman Joe Townsend from Greenport.
COUNCILMAN TOWNSEND: In addition to the meetings that Jean mentioned, there
_were a couple q_f other _things..t_hat.went..on. The group that's meeting to commemorate
the an, niversary of the U.N., thirsty-fifth, I think, anniversary of the U.N. met and
they are setting up a schedule of events for that celebration. It should be interesting.
SUPERVISOR MURPHY: Fortieth.
COUNCILMAN TOWNSEND: Fortieth, .yes,. I lost five years there. -We also had a
.,m,e. etin~ with the Water Advisory Committee~-did. y0u mention that,. Jean?
COUNCILWOMAN COCHRAN:-. No..1~ didn~t~ ~ .... . ....
CO~I~NCILMAN TOWI~ISEND: -Okay, Water Advisory Committee made recommendations
about the future of Southold Town's water situation. We are tentatively planning
to endorse their recommendation of a series of local districts to be created by the
developer and dedicated to the Town and operated by the Town. Other things
that went on regarding my committee's--I'm on the Farmland Committee. We are
trying to buy up a lot of the farmland, the rights to develop the farmland so it
stays in farming. That's one thing that Suffolk County and some of the other
towns have been'doing out here and we're doing that and we're at a stage now
where we're going to hold hearings in the very near future and I hope to bring
to the Town Board, at the next meeting,-a list of properties for hearings. There
are .ten that..I know of that we. will schedule next time. Met with representatives
Of the Village. and Animal Welfare League to try to continue to pound out the three
part agreement on Village dog service. I think 'we're nearing an end. Each party
seems to find something objectionable about the other party's position, so hopefully
this will be resolved at the Village Board meeting next week. That's all I have.
SUPERVISOR MURPHY: Thank you, Joe. And last, but not least, is Councilman
Jay Schondebare from the. village of Southold.
SUPERVISOR MURPHY: Thank you, Jay. As you realize, things are not easy and
there's no clear-cut decision on most-matters as we tend to find out all the time.
The only other--except for comment about going to Fishers Island and thank them,
COUNClLMA.N.SCHONDEBARE: Thank you, Frank. Like everyone else ! attended
the Master Plan, and I thank Ray Edwards for having us over on Fishers Island.
It was an interesting day. I normally tell everybody on Fishers Island ~hat we hear
no repor.ts,from them. We get no telephone calls or any letters of complaint and no
sooner did I say that and I got back over here to Southold and I had a letter of
complaint in' my box, so maybe I'll stop saying that. Now they're starting to complain
to us. But it appears that not all is well on Fishers Island and It's something that
we're, going to have to go back to and take under consideration. They do have
complaints and i think sometimes--I know I sort of forget them every now and then,
and Judge Ray Edwards kind of reminds me that they're still there. So we have to
take .care of their-problems. Also we had a very instructive and informative meeting
with the Water Advisory Committee. I'm not too sure exactly where we're going to ~
go with that, ~ least in my own: 'mind. I can't say that I'm a proponent of the Suff~ '1
County Water Authority. I have grave reservations i'nviting anYbody from the West ~, .~
End into the Town of Southold, considering what the West End of Suffolk County Ioo~-
like. So I .do.have problems with that. On the other hand we were also talking today,
about establishin~ a Housing Authority, to take care of our problems here in the Town
of Southold'and I submit to everyone a very good book which I strongly recommend
everyone to read. This is the Public Housing Law. It's in the Board Room. It's
book Number 44A and I request all the Councilpeople to take a look at it and read it,
because if they had any fears about the Suffolk County Water Authority coming in to
this Town and taking control away from the Town, they ought to read what happens
when you establish a Housing Authority. So I have ~rave reservations about establish-
ing a Housin~ Authority in the Town of Southold. And that's it.
AUGUST 13, 1985
through our Justice, Judge Edwards, f, or~ their hospitality and kindness over. there,
the only other real important item that!cOme up was we had a meetin9 with the Ten
Towns with the DEC concernin9 the siting of a proposed landfill for the ash from
incinerators, i'm sure you boys, and most people in the audience, realize the garbage
problem on Long Island is fantastic. The West End towns, where many of you boys,
· come from, have far greater problems than we do and one of the big items is how to
dispose of this. Now they've pretty .well decided that everybody's going to build
incinerators and th~en they didn't know What to do with the ash and there'S a big
group meeting, committee meeting with the DEC and starting the environmental impact
statements on a non-existent site, and we're trying to come up with a solution and
whatever the final decision comes to, we could be guaranteed that the people are
going to be very mad there and those in the other sections of the County, Nassau
and Suffolk County, will' be very happy. So it's not going to be an easy decision.
!!. PUBL!C' ~]OT!CE.~__
SUPERVISOR MURPHY: Moving on to the second, item on the agenda, Public Notices.
1. New York State Department of Environmental Conservation, Notice of
~djudicatory public hearing on the application of Constantine Georg~opoulos to place
2,000+ cubic yards of fill and construct a one-family dwelling with well, septic system
and parking area, Great Pond, Southold. Hearing will be held on August 29th, 1985,
10:00 A.M.,_Southold_ Town Hall.
2 .... New York ·State Department of Environmental Conservation, Notice of Complete
Application of Stephen & Libby Horowitz to construction a single dwelling, paved park-
ing an~l driveway with on-site sanitary system, Wunneweta Pond, Cutchogue. Written
comments to the DEC. by August 30, 1985..
3. Another~ 'New York State Department of Environmental Conservation, Notice
of Complete Application by Margaret Wagner, to construction a deck on Corey Harbor,
Southoid; Written comments, by August 30th, 1985.
ill. COMMUNICATIONS.'
SUPERVISOR MURPHY:
IV. PUBLIC HEARINGS.
There are no communications for this meeting.
SUPERVISOR MURPHY: We had one hearing at 3:00 o'clock ("A Local Law in relation
to parking restrictions, stop intersections and yield intersections!') and there is one
scheduled at 8:00 o'clock, which we will recess for. -'
V. RESOLUTIONS.
SUPERVISOR MURPHY' Moving on to Item No. V is Resolutions. The first one is
to approve a Letter of Credit.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLV.ED_that the Town .Board of the Town of Southold hereby approves an extension
on the Letter of Credit, filed as a performance bond for roads and improvements in
the major subdivision known as "Hillcrest Estates", located at Orient, New York and
owned by ~rold Reese, a's recommended by the Southoid Town Planning Board by
resolution dated July 29, 1985; said Letter of Credit in the amount of $400,000
to be extended for one year, to expire on August 1, 1986.
SUPERVISOR MURPHY: Any comments? (No response.)
1.-.Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. .
~upEI~vISOR Mu'RpHY~-'.· Numbe'~ 2 is to approve the release of a I~etter of Cred'i~
on a major subdivision.
Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby approves and auth-
orizes the release of the Letter of Credit in the amount of $120,000 for major sub-
division known as Highpoint at East Marion,_ Section I, AND Letter of Credit in the
amount of $325,000 for maior subdivision known as Highpoint at East Marion, Section
Ii, all in accordance with the recommendation of the Southold Town Planning Board,
SuPerintendent of Highways Dean, and Field Inspector John W. Davis.
SUPERVISOR MURPHY: Any questions? .(No .response.)
2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:- Number 3 is to appoint four members to the Council on--
Veteran's Affairs for the Town of Southold.
AUGUST 13, lg85
3. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was
RESOLVED. -that the_ -Town. Board of _the Town of Southold hereby appoints the following
individuals to the Council on Veteran's Affairs for the Town of Soutbold; terms to expire
December 31, 1985; they to serve ~J'n' '~a'id positions without compensation: un;ted"State
John A. Harris, Southold'Town,~Post No.. 9205, Veterans of Foreign Wars o~
Bernard A. Heaney, Catholic War Veterans, St. Agnes Post No. 703, Greenport.
Manuel M. Cabral, Griswold-Terry-Glover Post No. 803, American Legion, Southold.
.. -Anthony W.- Pacholk, Burton Potter Post No. 185, American Legion, Greenport.
3.-Vote.of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, J.ustice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY~ Number 4 is to accept a bid for a new Police Department
vehicle.
4. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOL~VED that.the Town Board of the Town of Southold hereby accepts the bid of
Mullen Motors,_ Inc., Southold, New York, for supplying the Town of. Sc~uthold wit~
one (1) new 1985 police ~e~ [Plymouth, 4 door Gran Fury) at a net cost of
$9,895.00. (One (1) 1985 police vehicle: $11,895.00; Less three (3) trade-ins:
$2,000. 00~ Net Cost: ..$9,895.0-0.)
4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 I'd like to ask Councilwoman Cochran to make
concerning the Open Meeting Law.
5. Moved by Councilwoman Cochran, seconded by Councilman Townsend,
WHEREAS, the Open Meeting Law, constituting Article 7 of the Public Officers Law,
· Provides that every meeting of a public body shall be open to the public, and
WHEREAS, the State Legislature passed, and the Governor signed into law, Chapter
1'36 of the Laws of 1985, effective on May 31, 1985, which law amends sub~tivisiorl
~'~ ~ ~en Meeting Law t6 exempt from its provisions the deliberati~.~
0f' the members of the State Senate and Assembly and members of the legislative
of a County, City, Town or Village who are members or adherents of the same p.~litical
party, w thout reaard to subject matter, includina ~ublic business, and ~7% ~-~
........ ~, r . - ~'~ ~!~'~
WHEREAS. the Town Board of the Town of Southold beheves that the
public' shouJ~ ~e performed in an open and public manner, and . ~-~
WHEREAS, 'this Board believes that the aforesaid amendment to the Open Meeting Law.
is contrary to the intent and purpose of such law, as originally enacted in 1976.~
NOW, THEREFORE, BE IT I~ESOLVED, that the Town Board and the members thereof
shall continue to conduct its meetings pursuant to the provisions of the Open Meeting
Law as it existed prior to May 31, 1985, the effective date of Chapter 136' of the Laws
of 1985.
COUNCILWOMAN COCHRAN: -.May I make comment, Frank?
SUPERVISOR MURPHY: Certainly.
COUNCILWOMAN COCHRAN: Some of you may not be aware, but just recently the
New York 'State. Legislature: passed an amendment to the Open Meetings Law. What
this does, it allows the poli'tical majority of a local municipality to caucus privately
to discuss public business, Now there is a clause in this law that serves as a loop-
hole. The loophole grants each municipality the right to expand the degree of
openness beyond the minimum required by the law, and I felt it was very important,
as a part of Town government, to. reaffirm our commitment to the original Open Meeting
Law. I've been serving on this Board for just over a year now and one of the things--
I am not a naive person--I know there has always been suspicion of government, but
anything that adds to this perception of suspicion and distrust should not be allowed
to happen. It's my feeling that we continue to maintain and keep the doors open to
government and government, bodies that discuss public business that does affect you
and your lives. Thank you; Frank.
SUPERVISOR MURPHY: One hundred percent agreement. Any other comments? (No
response. )
5.'-Vote of the Town Board: Ayes: Councilwoman Coch~an, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is to authorize the removal of a Notice of Pendency.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the. removal of the Notice of Pendency (Index No. 85-1958) in the Supreme
Court matter of Town of Southotd, Plaintiff, against Marine Associates, Inc., Defendant,
dated January 9,. 1985, as recommended by Executive Administrator Victor G. Lessard.
AUGUST 13~ 1985
6.-Vote of the Town Board:
Councilman Stoutenburgh,
This resolution was declared
TED.
491
,Cochran, Councilman Schondebare,
Townsend, Supervisor Murphy.
SUPERVISOR MURPHY: Number 7 is a proposed resolution to amend Community
Development Year 11 Program.
.... Proj.ect .....
Fiscal Year 11
Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold will consider the followin9
proposed amendments to the Community Development Year 11 Program at a Regular
~eetin9 to be held at 3~00 P.M., Tuesday, August 27, 1985, at the Southold ~rown
Hall, Main Road, Southold, New York:
Current ~, .--.- ..... -¥' .', · :. :~,.'. - -: --, - New
Budget ......... Increase Decrease Budget
$71,540.00 -0- $17, 000.00 $54,540.00
Rental Rehabilitation '
Demonstration Program ...... 0- _ -: ~-.~__ .~_~_..:$17,.000.00 -0- $17,000.00
AND BE IT FURTHER REsoLVED that the Town Clerk be and. she hereby is author-
ized and directed to give notice.'of the proposed amendments in The Suffolk. Times
and The Lon9 Island Traveler-:Watchman.
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 to accept, with regret, the resignation of Mary
Ewell, a driver for the Town Nutrition Program, effective August 2nd.
8. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret,
the resignation of Mary Ewetl, Van Driver for the Southold Town Nutrition Program,
effective~ August 2, 1'985.
8.~-Vote of .the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
~0uncilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to appoint Harold Stan as a Van Driver for
the Townl Nutrition Program; effective August 26th? at a salary of $4.67 per hour.
Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED .that the .Town Board of the Town of Southold hereby appoints Harold
Stan as a Van Driver for the Southold Town Nutrition Program, effective August
~i~, -~985, at a.salary of $4.67 per hour [$8,164.00 per annum).
9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to accept, with regret, the resignation of an
Assistant Cook, Dorothy Mysliborski, at the Town Nutrition Program, effective August
15th. '
10. Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED. that_ the. T. own_'Board of the Town of Southold hereby ac,cepts, with regret,
the resignation of Dorothy Mysliborski, Assistant Cook for the Southold Town Nutrition
Program, .effective August lC, 1985.' ' ' '
10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is to appoint Lori Mclver as Assistant Cook at
the Nutrition Program~ effective August 16t~1, seven hours a day, at a salary of
$4.93 an hour.
11. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that,ihe _Town Board of the Town oLSouthold hereby appoints Lori Mclver
as an Assistant Cook for the Southold Town Nutrition Program, effective August 16,
1985, 7: hours per day,-- $4.93 per hour.
11.-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 12 is a trailer permit renewal.
12: M~ved by Justice Edwards, seconded by CouncilWoman Cochran, it was
RESOLVED that the application of Frank J. McBride for renewal of a single family
-house trailer permit, for trailer located at the north side of Oregon Road, Cutchogue,
New York, which permit expired on. Au~;ust 9, 1985, be and hereby is 9ranted for a
six (6) month period.
492
AUGUST 13, 1985
12.~Vote of the Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution was declared duly
Councilwoman Cochran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
SUPERVISOR MURPHY: Number 13 is to allocate funds.to the Rec Program.
13. Moved by Councilwoman Cochran, seconded by JustiCe Edwards, it was
RESOLVED-that the Town Board of the Town of Southold hereby allocates $320.00
from A7151.'~1, Special Recreational Facilities Account, for the purchase of ten (10)
footballs for the. North Fork Midget Football League's 1985 season.
13.-VOte of the Town Board: Ayes: Councilwoman Cochran, Councii',~an S'chondebare,
Counci|~an Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Numoer I~ ~s a Transfer of ~u~,d~
and just for you boys and your merit badge work, the Town government is divided
into Whole Town and Part Town. in the Town of Southold we have a Villa9e of
Greenport which acts as its own 9overnment, but there are some services that they
provide and that Southold'Town provides, so on a Pa'rt Town Budget, which is Police
IS
Service-~they have their own Police Department, so our Police Department ' in the
Part Town Budget and the operation of town q~own 9over~iment here, the administration
of the buildings and all is a Whole 'Town charge. So these are transfers in that. This
explains the Whole Town and Part Town for you~-We,]l have a test later.
COUNCILMAN SCHONDEBARE: Took us a long time to figure it out too~ believe me.
Even' now and then we have to ask the question, and we normally ask our Town Clerk
and she tells 'us.
SUPERVISOR MURPHY: Who would like to make ~he resolution?
14. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 transfers within the General Fund Whole Town 1985 Budget:
From: A3120.4 School ~rossing Guards, Personal Serv. $315.00
Into: A3540.4 Civil Defense, Constractual Expenses $315.00
(To provided budgeted needs for equipment for use by Southold Town Emergency
! nstructors.
Debit A602 - Accrued Liability for Compensated Action .... ~ ~
A6720.4 Economic Assistance and Opportunity ...... .~.~ $879.36 .... ~
..... ~r~iit~'A522 - Appropriation Expenses
A6772.1 Programs for Aging) Personal Services $879.36
~ ~'.(This transfer.is to reduce the accrued iiability..for compensated action~.-?e~t~rement
ben~fit costs ~ha~ were set aside as of 12/31/84 for Gerald King, retired .Nutrition
Program Cook. )
14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR.MURPHY: Number 15 is a transfer in the Part Town 1985 Budget.
15.
Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 transfers within the General Fund Part Town
From: B3120.4
. · -B9961
B8010.4
Police, Contractual Expenses
Contributions to other funds
Zoning, Contractual Expenses
Into:
B3120.2
B3120.1
B8010.2
Polic.e, Equipment
Police, Personal Services
. Zoning~ Equipment
1985 Budget:
$10,000.00
10,000.00
210.00
Total. $20,210.00
$10,000.00
10, 000.00
' 210.00
-Total $20,210.00
(These tranfers are needed 'to: (1) provide budgeted needs for purchase of new
police vehicle; (2) to provide budgeted needs for'costs of retirement benefits for
retired Police Officers Robert Hulse and James Fitzpatrick; and (3) to provide
budgeted needs for purchase of equipment for the Zoning Board of Appeals.)
COUNCILMAN SCHONDEBARE: What are they purchasing, by the way, in the ZBA.
SUPERVISOR MURPHY: A transcriber. They were short of money.
COUNCILMAN SCHONDEBARE: Isn't the person providing their own transcriber
who's doing the typing?
SUPERVISOR MURPHY: No, ~this is their own.
15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
AUGUST 13 ~
SUPERVISOR MURPHY:
1985 Budget.
493
Number 16 is a trafisfer in the Fishers Island Ferry District
16. Moved by Justice Edwards, secbnded by Councilwoman Cochran, it was
RESOLVED that .the Town Board of the Town of Southoid hereby authorizes the
followin9 transfers within the Fishers Island Ferry.District I985 Budget:
From: Bonded Indebtedness $13,500.00
Airport 25,000.00
Total- $38,500.00
Into: Repairs Docks $38,500.00
16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
Ti~;~ ................... '"'""
SUPERVISOR MURPHY: Number 17. is to accept a bid for the Fishers Island Ferry
Dist'rict .................
17.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it:was
RESOLVED~that the Town Board of the Town of Southold hereby authorizes :.the-Board
of Commissioners of the Fishers Island Ferry District to accept the bid of Thames
Shipyard &: Repair Company, Inc., in the amount:of $18,950.00, for the installation of
a pneumatic air control system for the MV RACE POINT, and engage in a contract for
same, to ensure the safe operation of the vessel.
JUSTICE EDWARDS: As just a point of interest for the Scouts here, the motor vessel
RACE POINT is a brand new 160 foot ferry that was delivered back. in the end of June
and the controls that were put on tl~ere were cable controls and after using the boat
for about a month, they figured that it's a dangerous operation with the controls, they'r.
'not that positive, so thAy're goi'n~; out and spending close to $19,000 for putting pneumal
or air controls to control the throttles of the boat
17.-Vote of the Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution was deClared duly
'Councilwoman Cochran,. Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
SUPERVISOR MURPHY: Number 18 is to appoint a School Crossing Guard.
18. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Edward
Charnews, Main Road, Peconic, to replace Sandra Hands, as a School Crossin9
Guard for the Southold School, 'at a salary of $22.00 per day, and a Traffic Warden
at a salary of $5.00 per hour, effective immediately.
18.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like a resolution to recess for the time it take~
to hold a public hearing on a proposed Local Law.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that a recess be called at 8:00 P.M. for the purpose of holdin9 a Public
Hearin9 on a Proposed Local Law entitled, ",A Local Law in relation to the regulation
of Floatin9 Homes and Houseboats in the Town of Southold."
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meetin9 reconvened at 8:34 P.M.
SUPERVISOR MURPHY: We'll reopen our Regular Town Board Meeting and are back
at Resolution No. 19 to authorize the Supervisor to call for the Clerk List from the
Suffolk County Civil Service Department.
19. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to request a Clerk :List from the Suffolk
County Civil Service Department to fill the Clerk position at the Southold Town
Police Headquarters, specifying a starting salary of $10,920.00 per annum.
19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to appoint two lifeguards and one beach -
attendant.
20. Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Karen
Bergman as a Beach Attendant, effective immediately, at a salary of $3.75 per hour,
and Joseph Aiello as a Lifeguard, at a salary of $5.75 per hour, and Andrew Smith
as a Lifeguard at, a salary of $4.50 per hour, both effective immediately.
20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
T. his resolution was declared du~y ADOPTED.
.SUPERVISOR MURPHY: Number 21 is to authorize the Town Clerk to advertise for
resumes for a part-time Clerk for the Building Department on Fishers Island.
21. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
'RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for the position of part-time ~
Clerk for the Southold Town Buildin~ Department on Fishers Island, at a salary of
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 environmental assessment on a proposed Local
Law.
22. Moved by. Councilman Townsend, seconded by Councilman Stoutenburgh, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
Environmental Quality Review and 6NYCRR Part 617, Section 617.10, and Chapter 44
of the Code of the Town of Southold, notice is hereby given that the Southold Town
Board, as lead agency for the action described below, has determined that the pro~ect,
which is unlisted, will not have a significant effect on .the environment.
Description of Action: Proposed Local Law entitled, "A Local Law to provide for a
Moratorium in certain zoning use districts."
The project has been determined not to have a significant effect on the environ-
ment because an environmental assessment has been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the project be
implemented as planned and because there has been no response in the allotted time
from the New York State Department of Environmental Conservation it is assumed that
there are no objections nor comments from that agency.
22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murp~
This resolution was declared duly ADOPTED
SUPERVISOR MURPHY: Number 23 is to set a 7:30 P.M. public hearing, August
27th, 1985, Southold Town Hall, on proposed Local Law to provide for a Moratorium
in certain zoning use districts."
23.
Moved by Supervisor Murphy, seconded by Councilman Townsend,
WHEREAS, a proposed Local Law No. 1985 was introduced at a meeting of this
Board held on the 18th day of July, 1985, and
WHEREAS,-this Board has now received recommendations from the Southold Town
Planning board and Suffolk County Department of Planning with respect to same,
now, therefore, be it -
RESOLVED that the Town Board of the Town of Southold will hold a public hearing
at 7:30 o'clock P.M., August 27, 1985, at the Southold'Town Hail, Main Road,
Southold, New York, on the matter of a proposed Local Law entitled, "A Local Law
to provide for a Moratorium in certain zoning use districts," which reads as follows,
to wit: -~
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
by adding thereto a new Article, to be Article XVl, to read as follows:
' ' ARTICLE XVI
MORATORIUM
Section 100' ~- -160 Findings and Purpose
(1.) In November' of 1982, the Town Board authorized the Southold Town
Planning Board to retain'the services of Raymond, Parrish, Pine &
Weiner, planning consultants for the purpose of conducting such
studies a~d making such recommendations as such consultants deemed
appropria[e to up-date the existin9 comprel~ensive plan of the Town,
including the Town's present zoning code and zoning map.
(2,) In'May of 1985, said Consultants presented to the Planning Board and
the Town Board a report of their study, together with recommended
planning maps, a zoning map, and a draft of recommended revisions to
AUGUST 13, 1985
4915.
'the Town's present zor~ing code~
(3.) That since the presentation of~tl~e Consultants' report, and recommendations,
the Town Board, the Planning Board, and the Board of Appeals have
individually'and collectively-been reviewing such report and recommendations
(4.) That upon the completion of such review, the Town Board' will conduct
informal public'meetings in 'the various hamlets of the town to afford
the public an opportunity to express it views and make recommendations
w.tn respect to such report ano recommenclations.
(5.) That at the conclusion of such hamlet meetings,the Town Board will
further review the proposed amendments to the Town's zoning code and
zoning map, giving consideration to all. comments and recommendations
presented at such~ieetings;- and will then propose a Local Law to implement
'the ~aid'master plan study, incorporating Such revisions ~herein as~
deems appropriate. The Town Board will then refer the same to the ~rown
Plannin~ Board and the Suffolk'County Planning Commission for their
review and recommendations, as required by law, and thereafter hold
a public hearing thereon, as required by law, on the question of the
enactment of such Local Law to implement~ in whole or in part, the
recommendations proposed by the Master Plan Study conducted by said
consultants.
(6.) That the Town Board finds that many of the zoning code and zoning map
amendments. ~'ecom?ended by the ptan~ing ,cm~--~ut.tant~r~ i~onsJs~ent
with the present zoning map and zoning code with respect to uses in
the B Light Business Districts; the B-'I General Business Districts; the
C Light Industrial' Districts; and the C-1 General Industrial Districts,
in that many of the presently permitted uses will not be' permitted if
the recommendations of the planning consultants are to be implemented.
(7.) That the Town Board further finds that to permit the issuance of bull-ding
permits; to permit the change of any present use; to approve any site
plan; or to otherwise authorize' or ~pprove any new construction or new
uses in any of the use Districts s~t-forth in section 100-160(6) hereof,
except as otherwise provided in section 100-163 I~ereof, until such time
as the Town Board has had a reasonable period of time to enact appropriate
legislation to impleme~'~t, in whole or in part, the recommendations of
the said planning consultants, would result in a race of diligence of land
owners to apply for and obtain petz~i~.s ,a~d/or other approvals-for the
construction of buildings and other improvements or the approval of
uses in such Districts which may be at variance with the use regulations
recommended in 'the master plan study. That to permit the issuance of
4 9'6
AUGUST 13, 1985
such permits and/or approvals, or the approval of site plans in such
use Districts during the time required by the Town Board to enact
approprial~e l~gislation to implemer~t such-recommendations would
f~-ustrate ~nd defeat the intent and purpose of the upLdate and revision
of the Town's comprehensive plan for the orderly'development of the
town and seriously'impair'the effectiveness the~:eof.
[8) It is therefor the intent and purpose of this Article to impose a moratorium
on the issuance of building permits; the approval of site plans; or the
authorization and/or approval of any new construction and/or new uses
on any land located in those areas specified in section 100-162 herec~t~..
Section 100-161 Moratorium Imposed
Notwithstanding the provisions of this chapter, or any other law, rule or
regulation, during the period that this Article shall be in effect, no officer or
employee of the Town of Southold shall accept an application for, or take any
action on any application for a building permit~ ~r, ~r~?~: an application for° or
take any action on any application for site plan approval, or otherwise authorize
and/or approve of new construction and/or any.change in use of any land or
same is authorized by the Town Board, purs~rarrt to-l-he provisions ot~ Section
163 of this Article.
Section 100-162 Areas Affected
The provisions of this Article shall apply to. all land and premises located
within the boundaries of the following' Z-oning use Districts, as 'the same are Shown
and designated on the present zoning map of the Town of Southold, to wit:
(a) B Light Business Districts
{b) B-1.General Business Dis~ricl~s -
(c) C Light Industrial' Districts
(d) C-! General Industrial' Districts.
Section 100-163 Waiver 'of Provisions of this Article
Notwithstanding any of the provisions of this Article, the Town Board is
authorized to waive, in whole or in 'part, any of the provisions of this Article, a~
it applies to a particular, lot, pieCe or parcel of land affected by this Article,
a writ'ten application of the owner filed with the ~own ~lerk. If the Town Board,
upon consideration of all relevant facts and circumstances, determines that the
waiver requested will 'not authorize or permit the use of land or premises for any
use that is inconsistent 'with or in conflict with the provisions of the proposed
legislation to implement the Master Plan up-date, it may grant a waiver of the
provisions of this Article as it may apply'to such land. In making such determination.
the Town Board may impose such reasonable 'conditions as itdeems necessary or
AUGUST 497
appropriate to observe the spirit and intent of this 'Article.
Section 100-164 Duration
The provisions of this Article shall be in full force and effect for a period
of six (6) months after its effective date.
Section 100-165 Prior Approvals
Nothing contained in this Article shall be deemed to abrogate or annul any
prior approval granted and in effect on the effective date of this Article.
Section 100-165 Effective Date
This Local Law shall take effect upon its filing with the Secretay of State.
23.-Vote of the 'Town BOard: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to advertise for resumes for School Crossing
Guards and Traffic Wardens for the Town of Southold for the coming year.
24. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the ToWn Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for the positions of School Cross-
ing Guard and Traffic Wraden; salary for School Crossing Guard varies with each
station between $15.00 per day and $22.00 per day; salary for Traffic Warden is
$5.00 per hour.
24.-Vote of the Town~ Bo~l:'d'~-:'Ayes'i-~C0un'cilwoman Cochran, Counciiman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was ~declared duly'ADOPTED .........
SUPERVISOR MURPHY: Number 25 is to appoint the following individuals to the
Southold Town Licensing Review Board, effective August 23rd, 1985.
25. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
individuals as members of the Southold"Town Licensing Review Board, effective August
23, 1985, for two year terms to expire on August 23, 1987; they to serve in this
position without compensation: Robert L. Hyatt, Norman A. Reilly, Sr., George N.
Terry.
25.-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 26 is to adopt Local Law No. 13 which we had a
public hearing on this afternoon, which controls amendments to the Vehicle and
Traffic Laws in. Southold Town .... -
26.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No. 13 - 1985 was introduced at a meeting of this
Boa'rd held on the 30th day of July, 1985, and
WHEREAS, a public hearing was held thereon by this Board on the 13th day of
August, 1985, at which time all interested persons were given an opportunity to'
be heard thereon, now, therefore, be it
RESOLVED that Local Law No'. 13 - 1985 be enacted as follows:
LOCAL LAW NO. 13- 1985
A Local Law in relation to parking restrictions,
stop intersections and yield intersections
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]).
Chapter 92 (Vehicle and Traffic) of the Code of the Town of Southold is amended as
follows:
Section 92-30 (Stop Intersections) of Article III is amended by adding thereto the
following:
Direction At intersect ion
Name of Street of travel with Location
Corwin Road East
Tasker Lane South
Main Bay View Road Southold
Sutton Pla
Greenport
4'9,8
AUGUST 13, 1985
Southern Boulevard
Traveler Street
East Cedar Drive East Marion
Wes't Horton Lane Southold
Section 92-32 (Yield Intersections) of Article III is amended by deleting the following:
Direction At intersection
Yield sign on of travel with Location
[Corwin Road] [East] [Main Bay View Road] [Southold]
II
- [Traveler.Street] ....... [West] . [Horton Lane) [Southold~
!11 Section 92-42 of Article IV (Parking prohibited during certain hours) of said Chapt~
is amended by adding thereto the following:
Between the
Street Side Hours of
.... Sound Drive ............... Both ._ !0:00 P.M. and
7:00 A.M.
Location
At Greenport from the westerly
terminus.easterly for a distanc~
of 200 feet.
IV
Section '92-44 of Article IV (Stopping .prohibited at all times) of said Chapter is amended
by adding thereto the following:
Name of Street Side Location
Locust Lane Both
in Southold from the southerly
curbline of Route 25, southerly
for a distance ~f 60 feet
V
92-46 to read as follows:
Article IV of said Chapter is amended by adding a new section thereto to be Section
During Months
Name of Street Side and Hours Location
Depot Lane West
September to and including.
June between the hours of
8:30 A.M. and 3:30 P.M. '
3etween the entrance
:~nd exit drlvewa),s of
Cutchogue School'"
VI This Locai Law shall become effective upon its filing with the Secretary of State.
26.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
'~0iJncilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on agenda.
At this time I would like any of the Councilmen if they have any further comments?
Jay?
COUNCILMAN SCHONDEBARE:. Nothing further. For the Boy Scouts in the audience,
believe us, we really did meet at 9:00 o'clock this morning and we really discussed all
of .this that we've talked about this evening, but the way we go through these resolution..
makes you wonder, but we did. We spent all day and we went through every single~
one of them, plus many other things. So we know what we're doing. ~ i~
SUPERVISOR MURPHY: Hopefully.
COUNCILMAN SCHONDEBARE: Why is there laughter?
SUPERVISOR MURPHY: Jay, don't ask that question. Joe?
COUNCILMAN TOWNSEND: No, ! can't add any more to what Jay said.
COUNCILMAN ScHONDEBARE: You might want to make a statement, Frank, by the
way, on the airport.
SUPERVISOR MURPHY: Okay. Jean?
COUNCILWOMAN COCHRAN: I would just like to not only say thank you to everyone
for attending, but especially the Boy Scouts, and please come see us again.
Section 92-46 - Parking or standinc~ prohibited durinc~ certain times.
The parkinc~ or standinc~ ofvehicles is hereby prohibi~e.~-durin9 the monl
(both inclusive) in any of the followinc~ locations:
SUPERVISOR MURPHY: Pau? (Nothing.) Judge Edwards?
JUSTICE EDWARDS: Just a little comments to the Boy Scouts. I've been in radio
communications for over forty years with the telephone company and with amateur
radio, being a ham for over twenty-five, and amateur radio, I think, is one of the
greatest hobbies; most educational hobby going--got a ham back there? I thought
I saw somebody smiling.
COUNCILWOMAN COCHRAN: They're all hams.
JUSTICE EDWARDS: Also, I flew over from Fishers Island yesterday at 4:00 o'clock
and had a meeting last evening~ here all day, and 1 will have court here tomorrow
morning from probably 9:30 until 12:00 .and probably fly back to Fishers Island about
2:00 o'clock tomorrow afternoon. Thank you, Frank.
SUPERVISOR MURPHY: Okay. I would just like to make a comment on the airport.
We had tried to--there's an airport study--feasibility study~-going on. We had thought
we'd be able to schedule a public hearing for early in September. We were notified
by New York State DOT after our last meeting that we cannot have this now, that
the FAA requested an extension of time to the end of August for their comments to
Mr. Puckli, or the consulting firm that's doing the study, and it will take about two
'weeks for them to review it and then pass the information on to our committee. So
at this time I'd like to ask anyone in the audience--Bert?
BERT MITCHELL, Chairman, National Eagle Scout Association: Aside from the fact
that I'd like to thank the Board for having us here and we've enjoyed what's been
on--I'm sure the boys have learned a great deal,:.th~t life isn't much different out
here as it is further west in Suffolk, but we have a program going on right now
and for one week we had a troop of English Scouts staying at Baiting Hollow Camp,
and this week those boys are guests of our boys in .the various homes and i'd like
to introduce one of those' English boys, Barry James. Barry, stand up.
COUNCILWOMAN COCHRAN: Welcome.
MR. MITCHELL: Again, thank you very much.
SUPERVI'SOR MURPHY: You're quite welcome. Any of you boys like to comment?
(No response.) Barry, how about you, would you like to say anything? (No
comment.) No? I don't want to put anyone on the spot. Go ahead---
JOHN APOLATO, Smithtown: I'd just like to thank you for inviting us down here
and I'd just like to say, off the record too, Supervisor Murphy, that I like your
jacket.
SUPERVISOR MURPHY: You keep growing that way and you'd never fit into this
jacket. Okay, anyone else in the audience have any comment? Sir.
BOY SCOUT: Some of the guys were just wondering what the "L" meant on the
Sou!hold symbol? ......... :: . ~,.,....,. ..... -.~ .~ .-- ~- - ....
SUPERVISOR MURPHY: Barry? Pound Sterling.
COUNCILWOMAN COCHRAN: That's long before you were born, Barry.
SUPERVISOR MuRpHY: Okay,- is there anyone else would like to address the Town
Board? (No response.) If not, again, boys, goot:l luck in your endeavors, have a
good ,time and keep up the good work. We need you around. At this time I'd like
to entertain a motion to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 8:55 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 Clerl~