HomeMy WebLinkAboutTR-05/08/1992-STRUSTEES SUPERVISOR
John M. Bredemeyer, III, President SCOTT L. HARRIS
Albert J. Krupski, Jr., Vice President
He~y P. Smith Town Hall
John B. Tuthill 53095 Main Road
William G. Albertson P.O. Box 1179
Telephone (516) 765-1892 Southold, New York 11971
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
EAST END TRUSTEES
MINUTES
SPECIAL MEETING
MAY 8, 1992
TRUSTEES - ~ SUPERVISOR
John M. Bredemeyer, III. President SCOTT L. HARRIS
Albert J. Krupski~ Jr., Vice President
Henry P. Smith Town Hall
John B. Tuthill 53095 Main Road
William G. Albertson P.O. Box 1179
Southold. New York 11971
Telephone (516) 765,1892
Fax (516) 765-1823 BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
EAST END TRUSTEES MEETING SOUTHOLD TOWN HALL
MAY 8, 1992
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Cornell Cooperative Extension Marine Program: Hobart Road
Drainage Project, Emer~?n H~oo~gion Extension Specialist.
The Andros Patent in relation to local waterfront
revitalization in Southo!d', John Bredemeyer, III, President,
Southold Town Trustees.
The Andros Patent in relation to"Waters" Edward P. Sharetts,
Patent expert.
Executive session of the East End Trustees to discuss property
matters concerning them, potential involvement in the Long
Island Landfill lawsuit and other matters appropriate to them.
Post-executive session - public discussion and possible
resolutions.
Closing Remarks
TRUSTEES SUPERVISOR
John M. Bredemeyer, Iit, President SCOTT L~ HARRIS
Albert J. Krupski, Jr., Vice President
Henry P. Smith Town Hall
John B. Tuthill 53095 Main Road
William G. Albertson EO. Box 1179
Telephone (516) 765-1892 Southold. New York 11971
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN O1: SOUTHOLD
TO: Southold Town Clerk
Southold Town Board
FROM: John M. Bredemeyer, III, President
Board of Trustees
RE: The Andros Patent in relation to public water
DATE: May 4, 1992
Very recently it has come to my attention that the Southold Town
Board may have inadvertently assumed thePatent Authority of the
Trustees in a number of cases in the historical past.
In all such cases I believe that the Town Board was simply
unaware of the Patent and the responsibilities of the Trustees.
Certainly the Trustees were of little help in theSe matters and
our present Town Board is to be highly lauded, not only for
their efforts to return the original Patent to $outhold Town,
but for their better awareness of the Patent by obtaining Ed
Sharretts analysis of the document.
It is with these thoughts in mind that I must caution you that
any action you are contemplating to take with respect to public
water extension in the Town must also be approved by the Board
of Trustees.
My position grows directly out of the Andros Patent and Ed
Sharretts analysis of the "Waters" section of the document and
the statutory support the Trustees hold by virtue of the New
York State Laws of 1893, which specifically grant the Trustees
the authority to "Manage, Lease or Convey" properties they hold
under the Patent.
Consequently, water, a property held by Patent authority of tke
Trustees for the "well-governance" of our associates, the
residents of Southold Town, and subject to the right of the
Trustees to be managed, leased or conveyed under state law can
only be regulated by the Trustees.
Any contract or agreement with the Suffolk County Water
Authority which may have already been executed by the Town Board
TO: Town of Southold ~
FROM: Edward P. Sharretts, Jr. ~
Who Owns the Underg~ound g~ater in the Town of Southold
The original settlers of the Town of Southold acquired title
to the isnd from the native indians and thereafter those deeds were
recognized and confirmed by the King of England through his agents,
Andros and Dongan (while the Dongan patent is not available, it is
presumed that it is the same as can be found in the patents granted by
Dongan to Southampton, East Hampton, Brookhaven et ai)~ The King,
under lhe laws of discovery, had the absolute ~ight to Su~ant to the
settlers as patentees for and in behalf of themselves and their
assoqiates, the freeholders and inhabitants of the Town of Southold~
erected and made one body corporate and politic called by the name of
the Trustees of the Freeholders and Commonalty of the ,Town of Southoldo
These patents were clearly contracts between 'the King and his
subjects, wherein grants were bought and paid for by the patentees.
As such, these grants and rights cannot be usurped or preempted by
the State by the enactment of the ECL in 1972 nor by prior legislation
under ~he Conservation Laws. These rights are contractual and
protected by the Constitution of the United States as well as the
Constitution of the State of New York.
If we can consider that lhe patents are valid, what did they
~specifically grant to the patentees that can now be the property of the
Town of Seuthold? The grants were and are as follows:
"...All the afore mentioned Tract of Land, with the Necks and
Islands within the said Bounds sett forth and described as aforesaid,
Together ,~ith ail the Rivers, Lakes, Waters, Quarrys, Timber, Woods,
Wood Land, Plaines Meadows, broken pieces of Meadowes Pastures,
Marshes, ffish~ng, Hawking Hunting and ffowling, and all other Proffitts
Commodities, Emoluments and Hereditaments, to the said Towne,... '?
(From the Andros Patent, November 1~ 1fi7~); and further
~!...~ll the afore re~ited t~acts and necks of land within the
bounds and line, ts a[oresaid to~ethe~ ~h aH and sin~lar the house~
~ESSUAGES Tenemants b~l~nEs milles~ ~neda~es fenc~s inclosures
~rdens orchards Melda pastures wo~ds underwoods ~rees t~mber Comon
of pasture fee~gs meadowes ma~sh~s~'~-- swamps plies ~ivers Rivolets
Waters lakes ponds brooks st~eameS~'~' ~ beaches Quarris ~es ~erals
Creeks harbours ~Ehways and ~sement~ Ms,nE ~w~ hunt~E ~d
fowH~ (sliver and Eo~d ~es EEcepted) and all othe~ franc~zes
p~fitis Comodityes and herediiaments whatsoever~.."~ It is noted thai
the ~ants pert~ ~o matter under t~e ~ound (~.neral~, ~es, water)
as well as matter over the ~ound. The common law of EnEland at that
~e dec,red ~t under~ound w~ters were ~the property of
soverei~ untH ~thd~E by the lan owner. .Today~ the soverei~
~he T~sIees of the Freeholders and ~o~ona~ty of the Town 0f Southold
~d ~us has t~le to the under~o ~nd waters ~ound ~ the To~ of
$ou~hold. (see 12 Ecolo~ 429) (~985 ~.
It is obvious thai the con~ervation ~aws of .~he State of New
York we~ written ~thout ~y ~ouEht beinE ~ven tO ~the pa~ents
were spec~ically protected by ~he conslitution of the State and
U~le8 States. These patents ~ve ~ot only a reco~d~ion o~ the
but also the right to Emna~e and :onirot~ The ECL is replete
sections that either through ~lent or i~norance of the patents ~ve
a~tempted ~o usurp ~o the State ~iEhts thai were ~anted ~o the
T~stees~ 'We further believe t~t Khe owners~p and mmna~ement of
questioned ~ters were purchased ~nd u~o~y co~irmed by eve~
source from w~ch rat~ication could come to us; and thus were v~sted
net sub~ect to divea~Hiure~ ~H or revocation.
/
~Doni~u Patent, 1686
Present were: Southold Trustees;
John M. Bredemeyer, III, President
Albert J. Krupski, Vice-President
Henry P. Smith, Member
John B. Tuthill, Member
William G~ Albertson, Member
Southampton Trustees: Edward J. Warner
Scott Strough
William Bennett
Paul Parash
East Hampton Trustees: James McCafferey
Thomas Knobet
Debbie Miller
Robert E. Davis
Judge Edward Sharretts
Richard Manuel (Shelter Island)
7:30 P.M. Call meeting to order.
Pledge of Allegiance
Cornell Cooperative Extension Marine Program:~ Hobart Road
Drainage Project, Emerson Hasbrook from Cornell.
Emerson Hasbrook: Spoke about Hobart Road Drainage project.
Explained project in detail and answered questions .... what we
did was put a series of catch basins with 8 settling tanks under
the road. They are essentially septic tank leaching rings under
the road .... gets piped into here. Here is where there is going
to be an artificial wetland area. Most of the money goes to
monitoring. Monitoring in terms of what is coming in, what is
being removed, what is left in the water, how is it being
removed and what is the efficiency of removal of the two
systems. So the construction part of it was the smallest part
of 'the monies involved. Monitoring over a two year period is
the most expensive part. We don't know if putting ~his in place
at Town Creek is going to quote clean up that particular end of
Town Creek, but in terms of storm water runoff in that area on
H6bart Road was a significant contributor. The volume of water
coming downHobart Road and some of the side streets was a
tramendas amount of water coming in there. Even just trapping
the sediment is going to help with that end of the creek. In
terms of funding and cost, one of the things that really helped
this project was the fact that we didn't have to buy this
particular parcel. The Town was able to obtain an easement for
this area from the land owner. The project on Mud Creek, Skunk
Lane, the Town was able to get an easement from the property
owners on the pond. (ten year lease). There are some
alternatives than buying the property. In order to use sumps,
you need depth. The problem you find in the coastal area is that
you usually don't have enough depth ground water to put a sump
in. In the Hobart Road area you have about 6" to a foot to
ground water in here, so there isn't much depth. Sumps work,
but what do you do in the coastal zone where you don't have
enough depth?
There are sumps that are 30, 40 feet deep and there are sumps
that are 4' deep and longer. We have areas that are 8,1-0 foot
deep before you are going to hit the groundwater. I don't know
if they would be beneficial in those areas or not or if you just
create a problem with the slowness of the filtration and then
you would have your stagnate water possibly sittinq there.
With just a plan sump you don't get any treatment in terms of
the soils. I guess you can call this area a sump with
vegetation planted in it. All the rings have cast iron man
holes to get the sediment out of there...through our monitoring
we are actually going to be taking plant tissue to see what is
being taken up by the plants. You might get some evaporation.
This year I think they will be making some monies available to
localities to address storm water runoff problems. The way they
are going to allocate that money is through local water
pollution coordinating committees, I think is the term that they
use. So each county is suppose to develope these local
coordinating committees. The co~L~L~ittees are suppose to
establish priorities and priority areas and then the local
coordinating committees are suppose to s,~bmit a request to the
DEC for funding. This is something I just recently become aware
of. That is the only monies that I know of for storm water
runoff control.
The Andros Patent in relation to local waterfront
revitalization in SouthOld, John Bredemeyer, III, President,
Southold Town Trustees.
See attached memo that was read into the record.
The Andros Patent in relatiOn to "Waters" Edward P.
Sharretts, Patent expert.
Judge Sharretts updated Boards on Patent matters that he is
working on in other Towns. Progress is good.
Attached is a copy of Judge Sharretts report
Executive session of the East End Trustees to discuss property
matters concerning them, potential involvement in the Long
Island Landfill lawsuit and other matters appropriate to them.
See attached resolutions discussed and voted on in executive
session.
ALL but Southold Town Trustees left at this point.
Post-executive session - public discussion and possible
resolutions.
The following actions were taken by the Southold Town Board of
Trustees;
COREY CREEK ASSOCIATION: RESOLVED to issue a negative
declaration effective April 30, i992 with regard to the Corey
Creek Association. AYES: Bredemeyer, Smith, Tuthill
Neys: Krupski, Albertson.
BRICK COVE MARINA:
whereas, certain work has been performed by the applicant which
exceeded the limits specified in the permit; and,
whereas, clearly the applicant is.in violation of the specified
conditions in permit $3959, therefore, be it RESOLVED that the
Southold Town Trustees RESCIND all resolutions of April 30, 1992
with respect to the Brick Cove Marina Inc., request for a permit
amendment.
Be it further, RESOLVED that the permit is and same shall be
suspended until further order of the Southold Board of Trustees.
A discussion of a moratorium on all future homeowner Association
marinas in Town waters. No resolution adopted.
Meeting adjourned 11:20 p.m.
TRUSTEES SUPERVISOR
John M. Bredemever. III, President SCOTT L. HARRIS
Albert J. Krupski, Jr., Vice President
Henry P. Smith Town Hall
John B. Tuthill 53095 Main Road
William G. Albertson P.O. Box 1179
Teleplione (516) 765-1892 Southold. New York 11971
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
May 8, 1992
The following action was taken by the Board of Trustees on
Friday, May 8, 1992 at a special meeting:
Resolution ~1, 1992
Moved, the Southold Town Trustees authorize their clerk, John
Tuthill, to work with the Town Historian, Antonia Bootk, to
purchase, at an ordinary cost an, acid-free paper permanently
bound ledger upon which the Trustees can execute such permanent
resolutions as they deem appropriate and to permit the Trustee
Clerk and or Town Historian to spread the words of the Andros
Patent of 1676 across its' pages such that the Southold Town
Trustees can sign same in 1993 on the hundredth anniversary of
the departure of the Town Board from this body and on the
anniversary of the New York State Laws of 1893 in which we vest
our Patent authority in modern law.
Resolved, approved and signed May 8, 1992.
~ M. Bredemeyer, III Albert Krffps~i, Jr. ¢ f
~resident Vice President
V ClerkE/J°hn B. Tu~thill ~ William ~Albertson
cc. Town Historian
Antonia Booth
TRUSTEES SUPERVISOR
John M. Bredemever. III. President SCOTT L. HARRIS
Albert J. Krupski. Jr.. Vice President
Henry P. Smith Town Hall
John B. Tuthill 53095 Main Road
William G. Albertson P.O. Box 1179
Telephone (516) 765-1892 Southold, New York 11971
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
May 8, 1992
The following action was taken ~ the Board of Trustees on
Friday, May 8, 1992 at a special meeting:
Resolution ~2, 1992 (to be recorded ~ Clerk John Tuthill on an
acid free permanently ~und ledger).
Be it resolved that as an obligate prere~esite to the
Southold Trustees enjoining or bringing separate lawsuit in the
Long Island Landfill Lawsuit and properly handle all patent
matters in such a way as to avoid any conflicts of interest or
the appearance thereof, that the Town Board of Southold will at
once and i~ediately provide sufficient funds for the Southold
Trustees to be represented by counsel of their choice, provided
exclusively to their board-by an attorney who provides
representation to no other gover~ental entity in Southold Town
Suffolk County, the Suffolk Co~ty Water Authority and New York
State.
~_ohnohn~.M Bredemeyef, 211 Albert ~u~ski, ~r.
President Vice President
Tutti1 Willia ~Albertson
Me.er ~
HfP. Smith, Member
TRUSTK~$ SUPERVISOR
John M. Bredemeyer, III, President SCOTT L. HARRIS
Albert J. Krupski, Jr., Vice President
Henry E Smith Town Hall
John B. Tuthill 53095 Main Road
William G. Albertson EO. Box 1179
Telephone (516) 765-1892 Southold. New York 11971
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
May 8, 1992
The following action was taken by the Board of Trustees on
Friday, May 8, 1992 at a special meeting:
Resolution % 3, 1992 (to be recorded by Clerk John Tuthill in
our permanent record)
Be it resolved that no purveyor of public water in Southold Town
shall conduct activities such that water derived from the ground
not under the control of the Southold Trustees is conveyed,
pumped, dispersed, polluted and or released into Southold such
that it may dissolve or otherwise contact the minerals and or
dilute or contaminate the waters we hold by virtue of the
Andros Patent of 1676 and the Laws of 1893 without the express
permission of the Southold Town Trustees.
Be it further resolved that any groundwater derived from the
Andros Patent holdings by a public water purveyor shall not be
sent beyond the Patent boundaries as set forth by Edmond
Andros in 1676 nor co-mingled with a water from any other
source not derived from Andros Patent water.
The upper glacial acquifer of groundwater in Southold Town
shall henceforth be officially known as the Andros Aquifer
within Southold Town in all writings of this Board.
Resolved, approved and signed May 8, 1992.
oonn M. Bre~emeyer, ~II .
President Vice President
ff~ohn B. Tu(hill William ~\Albertson
~clerk
Henrg~. Smith
Membe~k & Past President
TRUSTEES SUPERVISOR
John M. Bredemever. III, President SCOTT L. HARRIS
Albert J. Krupski, Jr., Vice President
Henry P. Smith Town Hall
John B. Tuthill 53095 Main Road
William G. Albertson EO. Box 1179
Telephone (516) 765-1892 Southol& New York 11971
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
May 8, 1992
The following action was taken by the Boards of Trustees on
Friday, May 8, 1992 at a special meeting:
Resolution % 4, 1992 (to be recorded by Clerk John Tuthill in
our permanent record)
Moved, the Trustees of the Town of Southold, Southampton and
East Hampton pray for the return of the Andros Patent to the
Town of Southold such that the priceless charter of the Town of
Southold, the keystone of their cultural history and Public
Trust Doctrine shall forever reside by the shores of the
Peconics.
Trustees of the Town of S~outhold
RECEIVED AND FILED BY
THE S~)~TStoLD TOWN CL~RK