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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