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HomeMy WebLinkAboutTB-06/10/1985-S341 SOUTHOLD TOWN BOARD SPECIAL MEET. lNG JUNE 10, 1985 A Special' Meeting of the Southold Town Board was called to order by~- Supervisor Francis:J. Murphy at 8:30 A.M.,-Tuesday, June 10/ 1985 at the Southold Town Hall, Main Road, Southold, New York. Present: Absent: Supervisor Francis :J. Murphy Councilman Joseph L. Townsend, Jr. Councilman Paul Stoutenburgh Councilman James A. Schondebare CouncilWoman Jean W. Cochran Town Clerk Judith T. Terry Justice Raymond W. Edwards SUPERVISOR' MURPHY: The first resolution is we have to send the Home Rule Message. up to the Senate and to the Assembly. The reason is there is no time whatsoever for Joe Sawicki'to get any amendment in; printed up, .acted upon and then to get a Home Rule' Message back out. If we don't send the Home Rule Message up we're :out of any chance. He doesn't know what the results will be. Ken LaValle feels that it 'will come .out of the Senate and be voted upon. The Assembly, they're not sure, and Joe seems to be more-concerned with the Governor that he might not sign any bill'like this because of setting a precedent, but also it might work the other way where they're threatening to get federal funds cut off, that they'll ]et the local districts or towns, counties, raise their 'own funds. So, it's a gamble. No idea what's going to happen. COUNCILMAN SCHONDEBARE: Now, we were supposed to put it in the hopper and then amend it any time thereafter and now--- SUPERVISOR MURPHY: Well, it's in, but we need the Home Rule Message--- COUNCILMAN SCHONDEBARE: Yes, but now there's a deadline and ! was never told that there was a deadline. We were told we could amend it--put it in the hopper and we Could amend it thereafter. SUPERVISOR MURPHY: But in order for him to act upon it:-they're going out of business fairly soon. COUNCILMAN SCHONDEBARE: Yeah, I finally figured it out. Yes, they sit six months out of the year and if 'they don't have it 'now, that's the end of it. But that's not what we were told to begin with. We spent a lot of time amending this bloody thing and now all of a sudden we're told that we have to have it done. SUPERVISOR MURPHY: This is as written, as Southampton's, East Hampton's and Brookhaven's, I believe. They have got the exact same. COUNCILMAN SCHONDEBARE: It's still $1,00,000,' $2,5,000 on the price tags. COUNCILMAN STOUTENBURGH: So' moved then. COUNCILMAN SCHONDEBARE: I've got my problems with it.' I didn't vote for it the first time and ! amended it and the amendment's .gone by the wayside, so-- I don't like it.: The concept is a good concept, but ! still'have problems. COUNCILWOMAN COCHRAN: Second. Moved by Councilman Stoutenburgh~ seconded by Councilwoman Cochran, it Was RESOLVED that pursuant to Article IX of the Constitution, the Town of Southoid requests the enactment of Senate bill No. 5514, entitled "AN ACT establishinEi the Southold land preservation bank to preserve, .acquire, hold and manage certain real property in-the town of Southold,- county of Suffolk and providing for th~ repeal of certain provisions upon expiration thereof." It is hereby declared that a necessity exists for the enactment of such legislation, and the facts establishing such necessity are as follows: The Town Board does not have the power to enact · such legislation by local law. COUNCILMAN SCHONDEBARE: For the record I'll tell you what my problems are with this bill; I think' $11)0,000 'is too Iow and I think the $2'5,000 on a vacant piece of property is too Iow. I don't like the terminology in the bill'that says ~ -~ .... · ............ ~-o may be ~t~..t '~'- opei; spa~, ous~n§, etc. I think that should be changed to "shall be", because ! think it's just another taxing mechanism. I'm not too sure we want housing in'this bill~ It's supposed to be open space as I Understood: it. Especially from Nantucket. Now, somebody changed it. I think somebody over in-East Hampton or Southampton changed the bill, because if ! remember correctly, Nantucket bili'that this'modeled on, didn't have housing in it and somebody in'Southampton, as I say, or East Hampton, put housing in' this thing and it wasn't that way originally. SUPERVISOR MURPHY: From what ! gather from Bob, and this. changes all the time, was that we can, once the law is passed, we can--the part on' $100,000 or $2.5,'000., your concerns on housing, on how we use 'it for, is up to the Town after we have the authority to tax. COUNCILMAN SCHONDEBARE: That's .not the way I Understand it. My under- standing is that this-will:be a State law and the only way--- SUPERVISOR MURPHY: To give us the power to tax. COUNCILMAN SCHONDEBARE: I think it's to give us the power to tax in the form in'which this law is put in and ! don't think we can amend and modify this law based on passing a resolution. I think the only way you can amend and modify this 'law is to go back up to Albany and ask them--- SUPERVISOR MURPHY: When Fred Thiele was over that time and with Bob:, that this is how I understood you. could/do it. But there again this changes daily--- my opinion was that we can, as long as we get the law, to give us the authority to provide a tax on a real estate transaction, that we 'could then decide how we're going to collect it and all that, because there again there, was another thing--who was going to collect it? And that's .... COUNCILMAN SCHONDEBARE: That's my other problem. That Commission is so powerful in this 'thing as opposed--tHe amendment that I did'l took the Commission totally out and put the Town Board in. COUNCILMAN TOWNSEND: Well, we can name the Town Board as the Commission. COUNCILMAN SCHONDEBARE: I think you're going to have to. SUPERVISOR MURPHY: But i think 'this is 'all done after the authority to raise the tax is done. This is what I got from Bob a couple times in'talking to him:. COUNCILMAN SCHONDEBARE: If that's it,' then I really can't oppose it in that sense, but i just don't think that's the case. SUPERVISOR MURPHY: I know that there were concerns, but ! do think it is, Jay, but again this, as it has many times, changed .... Okay, any other questions on it? COUNCILMAN SCHONDEBARE: And the bonds. I have problems with that too. This thing sunsets in 1995 if there's no bonds. I don't understand that. Why it sunsets in 1995 if there are no bonds outstanding. In other words, if 'we don't bond, we're still collecting the money and we're taking the money and we're buying property with it,' why shouldn't it 'keep going past 19957 The way it's worded is that in 1995 if there are no bonds outstanding then this sunsets. That doesn't make sense to me. SUPERVISOR MURPHY: A lot of taxing laws do that. Remember they were just trying to wipe out some of the taxes on alcohol and cigarettes and New York was cutting back. There was a big battle. The Governor wanted to keep some of these taxes and I guess the Senate saidi no, we don't want the taxes. Remember when they were doing the budget? COUNCILMAN SCHONDEBARE: I can see them doing it, but I don't see why.the drafters of the bill did it that way. It doesn't make sense to me. Why it even has a sur~set. JUNE 10, 1985 SUPERVISOR MURPHY: I think maybe you have to. I don't know. Maybe you have to. COUNCILMAN SCHONDEBARE: Why with bonds? It would be sort of like if there's no money in the till'or if you decide to dis01ve the whole thing, why make it revolve around bonds? I don't understand that. So I said' my piece. SUPERVISOR MURPHY: Okay. Any other questions anyone? (No response.) Let's vote. 1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman St6utefil~urgh, Councilman Townsend, Supervisor" Murphy. No: Councilman Schondebare. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:' Okay, that Was the one on the Senate. This is the Home Rule Message to the Assembly~ I offer that resolution. COUNCILMAN STOUTENBURGH: Second. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that pursuant to Article IX of the Constitution, the Town of Southold requests the enactment of Assembly bill No. 6370, entitled "AN ACT establishinq the Southold land preservation bank to preserve, acquire, hold and manage certain real property in the Town of Southold, County of Suffolk and providing for the repeal of certain provisions upon expiration thereof." It is hereby declared that a necessity exists for the enactment of such legislation, and the facts establishing such necessity are as follows: The Town Board doe snot have the power to enact such legislation by local law. COUNCILMAN SCHONDEBARE: Likewise my comments apply to this resolution.as to the former one. 2.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Stoutenburgh, Councilman Townsend, .Supervisor Murphy, No: Councilman Schondebare. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Number 3 is 'lead agency on Fishers Island Elizabeth Airport. e Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State EnvirOnmental Quality Review Act in the matter of the proposed project for the rehabilitation of existing runways at Elizabeth Field, Fishers Island, Town of S0uthoid, Suffolk County, New York, as provided for in the Federal Assistance Grant, Airport Improvement Program, New York State Depart- ment of Transportation, Federal Aviaiion Adminisiration. SUPERVISOR MURPHY: Any questions on it? 3.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh,. Councilman Townsend,,~Supervis0r' Murphy. ...... - . This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to rescind a resolution on the Local Law on regulating horses. 4. Moved by Councilman Schondebare, seconded by CouncilWoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 27,. adopted on June. 4, 1985, setting 3:40 P.M., Tuesday, June 18, 1985, Southold Town Hall, as time and place for a public hearing on a proposed Local Law entitled, "A Local Law to provide for the regulation of Horses." (This proposed Local Law 'must first be transmitted to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations.) 4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, · Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. This'resolution was declared duly ADOPTED. · SUPERVISOR MURPHY: . Number 5 'is to declare lead agency on the Local Law. Moved by CoUncilman Townsend, seconded by Councilwoman Cochran, it was RESOLVED. that the Town Board of the Town of Southold hereby declares itSelf le,ad, agency~ in.regard to the State Environmental Quality Review Act in the matter of the proposed Local Law entitled, "A Local Law to provide for the regulation of Horses." 5.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to transmit the Local Law to the Town and County Planning Boards. 6. Moved b~, Councilman Townsend, seconded by Councilman Schondebare, WHEREAS, a proposed Local Law entitled, "A Local Law to provide for the regulation of Horses," has been presented to the Town Board of the Town of Southold on the 4th day of June, 1985, and the 10th day of June, 1985, and WHEREAS, this proposed Local Law pertains to an amendment of Chapter 100 (Zoning) of the Code of the Town of Southold, now, therefore~ be it: RESOL_V~ED. th.a.t.the ,T_o.w~ C~ler~ be~ ~n.d she hereby, is'directed to transmit this: ~ .iii ..................... , ..... ,~,___:_~_ ,~ .... _, ___, ment of Planning all in accordance with the Southold Town Code and Suffolk County Charter. 6.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. This resolution~was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, being that that's all that we called this meeting for, I move to adjourn. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that this'Special. Town Board meeting be'and hereby i's adjourned at 8:55 A,.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. ~ Judith T. Terry Southold Town Clerk