HomeMy WebLinkAboutTB-03/27/1990 SOUTHOLD TOWN BOARD
MARCH 27,, 199.0
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. .Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen,
Town Clerk Judith T. Terry, Assistant Town Attorney Matthew G. Kiernan,
Superintendent of Highways Raymond L. Jacobs. Absent: Councilman Thomas H.
Wickham (out of town) .
9:15 A.M. - Jeanne Marriner met with the Board to encourage the Town Board to
attend the Save the. Bays Workshops that are coming up soon. She also presented
an overview of the activites and goals of the Peconic Bay Task Force. Mrs. Marriner
extended an invitation to attend the Montauk Earth Day observance---Ronnie Wacker,
who was in the audience, informed the Board that there will be Earth Day observance
activities in Southold Town,at that same time.---Along this same line, Councilwoman
Larsen asked that the Town Board adopt a resolution (see no. 31) urging our New
York State representatives to insure the $800,00+ budget allocation for the Coastal
Management Division remains in the State Budget.
10:00 A.M. - For Discussion Items: (1) Request from Town Historian Antonia Booth
for the Town Hall to be open a few hours every Saturday in July for an exhibit of
pictures in the meeting hall and the quilt in the lobby---Town Board agreed. Super-
intendent of Highways Jacobs will work out the logistics. (2) Letter from the Town
Trustees advising they are in receipt of an application for a wetland permit with
respect to the demolition of the tanks on the Carey Tank Farm, Mattituck. (3)
Letter from Harbormaster John Clavin, Fishers Island, requesting the inclusion of
Hay Harbor in the mooring regulations (a local law was prepared by Assistant Town
Attorney Kiernan and a public hearing set - see resolution no. 44) . Mr. Clavin also
asked the Board to consider allocating $500.00 for placing a piling in West Harbor,
Fishers Island, to mark the boulder which has been a navigation hazard and has
been struck by several large sailboats in the past (see resolution no. 32) . (4)
Letter from the DEC regarding an Oil Spill Preparedness meeting which will_ be
attended by Senior Bay Constable Dzenkowski (see . resolution no. 33) . (5)
Discussion of a proposed resolution to authorize the demolition of "the above ground
portion of Battery 215 at Elizabeth Airport, Fishers Island (see resolution no. 34) .
(6) Councilwoman Larsen to determine the status of the Mattituck inlet project and
county maintenance dredging projects. (7) Receipt of resumes for the Farmland
Committee, Conservation Advisory Council, Youth worker for teen dances - Board
will interview on April 3rd. With respect to the resumes for Environmental Consultant
for the Trustees, the Trustees will set interviews and notify Town Board. (8)
Request from the Conservation Advisory Council to sponsor a poster contest, and
also to hire an airplane and pilot to photograph road runoff after a heavy rain fall
(see resolutions 36 and 37) . (9) Request from Justice Price for two additional
display stations and accompanying cable for the judges' offices in the new justice
building. Supervisor will advise Justice Price that there is not enough money in
the 1990 for this expenditure. (10) Set 8:05 P.M. , Tuesday, April 10, 1990 for a
public hearing on- a proposed Local Law in Relation to Zoning (amending Section 100-
31B(7) (see resolution no. 38) . (11) Set 8:07 P.M. , Tuesday, April 10, -1990 for
a proposed Local Law in Relation to Zoning (amending Section 100-33 - (see resolution
no. 39) . (12) Letter from Peconic Bay Estates Homeowners Association concerning
flooding in the area of Route 25 and Kerwin Boulevard, Greenport, and requesting
the elimination of the passing zone in that same area (see resolutions no. 40 and 41) .
.(13) Supervisor expressed his concern about public buildings exceeding their
occupancy limits in light of the. disaster that claimed .87 lives in New York City over
the past weekend. A memorandum was received from Principal Building Inspector
Lessard who advised that his department is presently going over all of its reports
of Fire Inspections and failures to inform them as to whether any cited violations have
been corrected. They are going to visit the buildings and institute a new policy that
the violations be corrected immediately or be closed down. Mr. Lessard met with the
Board at this time to review his procedures.
11 :30 A.M. - Board reviewed regular meeting resolutions.
12:15 P.M. - Community Development Administrator James C. McMahon met with the
board to request a meeting to discuss and clarify the Affordable Housing Regulations
and criteria for applicants. Supervisor will schedule a meeting . in the very near
future.
12:50 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened. Town Attorney Arnoff also present. Board
audited outstanding vouchers.
3 6 2' . MARCH 27, 1990
2:30 P.M. - Planner Valerie Scopaz met with the Board to discuss the proposed sale
of a parcel of town -property at the foot of Sound Drive, Greenport - the road end
where the "67 Steps" are located. It has been discovered the steps are actually on
the property in question and not at the foot of the road. The Board will ask for
an appraisal of the property with and without an easement for the steps.
EXECUTIVE SESSION
3:30 P.M. - On motion of Councilwoman Oliva, seconded by Councilwoman Larsen,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: All. The Town Board discussed litigation with .Town Attorney Arnoff,
and Assistant Town Attorney Kiernan.
"r 4:45 P.M. - Work Session and Executive Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, March
27, 1990, at the Southold Town Hall, Main Road, Southold, New York, Supervisor
Harris opened the meeting at 7:30 P.M. , with the Pledge of Allegiance to the
Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Absent: Councilman Thomas H. Wickham (out of town)
SUPERVISOR HARRIS: An approval of the audit of bills for March 27, 1990?
Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $303,353.72; General .Fund, Part Town
bills in the amount of $13,471 .68; Nutrition Fund bills in the amount of $1,518.39;
Adult Day Care bills in the amount of $100.00; SNAP Program bills in the amount
of $2,425.12; Highway Fund, Whole Town bills in the amount of $25,116.23; Highway
Fund, Part Town bills in the amount of $18,450.31 ; Capital Projects Account bills
in the amount 'of $105,000.00; Fuel Tanks and Police Building bills in the amount
of $2,675.00; Employee Health Benefit Plan bills in the amount of $9,905.07; West
Creek' Estates Road Improvement bills in the amount of $100.00; Fishers Island
Sewer District bills in the amount of $70.00; Southold Agency 8 Trust bills in
the amount of $4,838.72; Fishers Island Ferry District Agency S Trust bills in
the amount of $103.69;Fishers Island Ferry District bills in the amount of $53,738.53.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Approval of the minutes of the Town Board meeting of
March 13, 1990.
Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the minutes of the March 13, 1990, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, 'Supervisor Harris.
This resolution was declared .duly ADOPTED.
SUPERVISOR HARRIS: The next meeting date is scheduled for Tuesday, April,
10, 1990, at 7:30 P.M.
Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the next regular meeting of the 'Southold Town Board wil be held
at 7:30 P.M. , Tuesday, -April 10, 1990, at the Southold Town Hall, Southold.
New York-.
A S{
jy MARCH 27, 1990 3
63
Vote of the Town Board: Ayes: Councilwoman Larsen Councilwoman Oliva,
Councilman Penny, Justice Edwar`"ds,''Supervisor` Harris.
This resolution was declared duly ADOPTED.
I . REPORTS.
1 . Community Development Report for February, 1990.
2. Annual Report for Town Justice Raymond W. Edwards for 1989.
3. Annual Report for Town Justice Frederick J. Tedeschi for 1989.
4 Annual Report for Town Justice William H. Price for 1989.
5. Supervisor's Monthly Budget Report for January 31 , 1990.
6. Supervisor's Monthly Budget Report for February 28, 1990.
7. Fisher's Island Ferry District Financial Statements, December 31, 1989
and 1988.
8. Councilmen's Report.
9. Supervisor's Report.
II . PUBLIC NOTICES.
1 . U. S. Army Corps of Engineers, New York District, Application of the
Suffolk County Department of Public Works to dredge with ten years maintenance
with beach nourishment at Cutchogue Harbor, Little Peconic Bay, Southold.
Written comments by April 6, 1990.
2. N. Y. State Department of Environmental Conservation, Notice of Complete
Application of New York State Department of Transportation to replace existing
bridge over Dam Pond Channel with a new wider bridge generally in the same
location. Comments by April 13, 1990.,
3. U. S. Army Corps of Engineers, New York District, Application of
Constantinos Markotsis to replace and extend bulkhead, replace pier assembly
and dredge with ten years maintenance at Corey Creek, Little- Bay, Southold.
Written comments by April 13,' 1990.
4. U. S. Army Corps of Engineers, New York District, Application of
Gail Schlegal to reface a timber pier, place rip-rap, reconstruct a concrete boat
rap and install a timber float in Great Peconic Bay, Southold. Written comments
by April 13, 1990.
S. N. Y. State Department of Environmental Conservation, Nbtice of complete
Application by the Village of Greenport to install a public water supply well on
the north side of North Road.
6. N. Y. State Department of Environmental Conservation, Notice of Complete
Application by. Village of Greenport to install a public water supply well on the
east side of Kennys Road.
III . COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1 . 8:00 P.M. , proposal of Southold Villas, Inc. to amend:-,the Zoning Code
of the Town of Southold, by changing from "A-C" Ao, "AHD".
2. 8:05 P.M. , proposed "Local Law in Relation to Taxation:, pertaining
to tax exception.
V. RESOLUTIONS.
SUPERVISOR HARRIS: I'd like to open it up to the audience to anyone who
would like to speak on any resolution, or item that we'll be covering tonight as
a Town Board. I will start on my left. Is there anybody, who would like to
speak on any resolution we're entertaining tonight? (No reponse. ) Anyone in
the audience? (No response.) If not, we will start resolutions, and at 8:00
o'clock, we will adjourn to recess for the public hearings.
1 .-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Recreation
Director Kenneth Reeves to purchase the 1990 Southold Town Sports League equip-
ment in the amount of $1 ,981 .00; said charge to be made to A7150.4, Sport Program.
1 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following pay schedule for the Recreation Department's 1990 Instructors:
Mary Mooney-Getoff - Chinese Cooking Class - $30.00 per class
Basil Northam - Outdoor Education - $55.00 per session
2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
364 MARCH 27, 1990
3.-Moved by Councilwoman Olvia, seconded by Justice Edwards, it was
RESOLVED that the Town. Board of the Town of Southold hereby appoints Georgia
Rudder to perform secretarial services for the Southold Town Tree Committee,
effective immediately through December 31, 1990, at a salary of $7.50 per hour.
3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED..
W.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a .contract between the Town and
the Suffolk County Board of Elections for the use of the Southold Town Recreatio
Center, Peconic Lane, Peconic, as a polling place ,for Election District #10 on
the following dates: Primary Day, Tuesday, September, 1990, 6:00 A.M. to 9:00
P.M. , General Election Day, Tuesday, November 6, 1990, 6:00 A.M. to 9:00 P.M. ,
Primary Day, Tuesday, September, 1991, 6:00 A.M. to 9:00 A.M. , and General
Election Day, Tuesday, November 5, 1991 , 6:00 A.M. to 9:00 P.M.
4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilwoman Larsen., seconded by Councilwoman Oliva,
WHEREAS, the Town of Southold has requested the County of Suffolk to dredge
a navigation channel in Jockey Creek Spur, Town of Southold; and
WHEREAS, the County of Suffolk proposes to do said dredging of Jockey Creek
Spur, in' the Town of Southold at a nominal cost to the Town of Southold; and
WHEREAS, in order to accomplish said dredging, plans, specifications, agreements
and other documents must be executed on behalf of the Town of Southold; and
WHEREAS, this approval shall remain in effect for the'period of the required
permits (Expiration Date: December, 2000) ; now, therefore, be it
RESOLVED that the Supervisor be and he hereby is authorized to execute, on
behalf of the Town of Southold, all necessary plans and specifications, spoil area
agreements, assurances to the County of Suffolk, licenses and/or dredging permit
applications to Federal and State Agencies and all other documents that may be
requ(r _d to accomplish said dredging work.
5.-Vote o the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.7Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the application of Jacqueline- B. Moeller for renewal of her watch-
man trailer at her stable/riding school, north side County Route 48, Southold,
which permit expired on April 9, 1990, be and hereby is granted for a six (6)
month period.
6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, .Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
. 7.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs .the Town Clerk to advertise for resumes for one (1) member of the Southold
Town Board of Appeals for a five (5) year term to April 19, 1995.
7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Mark
S. McDonald as a member of the Southold Town Planning Board, effective April
30, 1990, for a five (5) year term to April 30, 1995.
8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Justice Edwards, seconded by Supervisor Harris, it was,
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Community Development Administrator James C. McMahon to travel to the Dutchess
County Environemntal Management Center, Millbrook, New York, to make a presenta-
tion on the Southold STOP (Stop Throwing Out Pollutants) Program, on Wednesday,
March 28, 1990, at 7:30 P.M. , and the use of a Town vehicle, and necessary
expenses for gas, tolls, and meal shall be a legal charge against the 1990 Budget.
9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Supervisor Harris, seconded, by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Assessor Robert I . Scott, Jr. to attend a five day orientation seminar on
MARCH 27, 1990
3 6 ,5
Assessment Administration, to..be -cohdu'e;te.d,,a:t ;Otsego;,; New York, on June 18 -
22, 1990, and the necessary expenses for registration, meals, lodging and travel
shall be a legal charge against the Assessor's 1990 Budget.
10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards,' Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Number 11 will be held until our April 10, 1990 meeting.
(Resolution granting permission for Building Inspectors to attend a Code Enforce-
ment Seminar. )
12.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Kathleen
Simpson as an Outreach- Worker for the Nutrition Program, effective April 2,
1990, at a salary of $3, 120.00 per annum; said salary to be paid from the Nutrition
Program Budget with funds saved by the reduction in hours .of a driver.
12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law,
State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter
44 of the Code of the Town of Southold, Notice is hereby given that the Southold
Town Board, in conducting an uncoordinated review of this unlisted action, has
determined that there will be no significant effect on the environment.
DESCRIPTION OF ACTION : Amendment of Chapter 100 (Zoning) of the Code
of the Town of Southold by amending Section 100-13. The project has been deter-
mined not to have a significant effect on the environment because an Environmental
Assessment Form has been submitted and reviewed and the Town Board has concluded
that no significant adverse effect to the environment is likely to occur should
the project be implemented as planned.
COUNCILMAN PENNY: This a change in the description of dwelling and multiple
dwelling to include consisting of a minimum living area of 850 square feet. It's
strictly a clarification.
13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, . Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilwoman Oliva, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town of the Town of Southold a
proposed Local Law entitled, "A Local Law in Relation to Zoning" (amending Section
100-13) ; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and'.directed
to transmit this proposed Local Law to the Southold Town Plann.ing Board and
Suffolk County Department of Planning in accordance with the Code of the Town
of Southold and the Suffolk County Charter. Said proposed Local Law reads
as follows, to wit:
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1 . Chapter 100-13 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1 . Dwelling, One-Family - A detached building containing one (1 ) dwelling
unit only consisting of a minimum living area of 850 square feet.
2. Dwelling, Multiple - A building or portion thereof containing three (3)
or more dwelling units, each unit consisting of a minimum living area
of 850 square feet.
II . This Local Law shall take effect upon its filing with the Secretary of State.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.7Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, , it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole-Town 1990 Budget for
the transfer of monies from the Park & Playground Account to the General Fund
for payment of the baseball. field equipment and pitching machine for the Laurel
Lake Park:
To:
Revenues:
A2025 Special Recreation Facility $ 1 ,853.73
Appropriations:
A7110.2 Parks, Equipment $ 1.,853.73
15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3 MARCH 27, 1990
. 16.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
bid of Thomas H. Gannon and Sons, Inc. for furnishing and placing a minimum
of 50,000 square yards of Slurry Seal on Town Roads, at a bid 'price of $.685
per square yard, all in accordance with the .bid specifications.
16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby deems that all
items to be purchased by any Town Department must be documented on a Purchase
Order which must be signed by the Department _Head and Supervisor Harris before
the order may be placed for said item(s) .
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva.,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
IS.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled,...."A Local Law in Relation to Zoning" (amend Section
100-262A) ; now, therefore, be' it
RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, April 10, 1990,
Southold Town Hall, Main Rodd, Southold, New York, as time and place for a
public hearing on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Zoning
BE IT ENACTED by the Town' Board of the Town of Southold as follows:
I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1 . Section 100-262A is hereby amended to read as follows:
A. An application for a special exception approval shall be on the
form for same provided by the Zoning Board of Appeals and shall
be submitted in triplicate to the Zoning Board of Appeals, who
shall review the application for completeness and .conformity with
this chapter. The Zoning Board of Appeals shall reject the
application if it is not complete. nor not in conformance with the
Zoning Code and shall notify the applicant as to the reason for
such rejection. If the application is satisfactory, the applicant
and the Zoning Board of Appeals shall set the application down
for a public hearing. The Fee for a special exception shall be
$150.00,, as set forth in Section 100-274.
11 . This Local Law shall take effect upon its filing with the Secretary of State.
18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
. Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by .Councilwoman Oliva, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Zoning" (amending
Section 100-284) ; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M. , Tuesday, April 10, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearing on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1 . Chapter 100-284 (Zoning) of the Code of the Town of Southold is hereby
amended by deleting subsection (D_) in its entirety and changing the lettering
of subsections (E) , (F) , (G) and (H) to (D) , (E) , (F) and (G) respectively.
11 . This Local law shall take effect upon its filing with the Secretary of State.
COUNCILMAN PENNY : Just a clarification, that proposed change involves
abolishing vacant land C of Os in Southold Town.
19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20-.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Joy
.Bear, - William Peters and Ralph 0. Williams as members of the Landmark Preservation
Committee, for a two year term, effective April 5, 1990 through April 5, 1992. ,
20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
MARCH 27, 1990 367
21 .-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Tow Board. of theTuTown of .Southold hereby authorizes and
directs Supervisor. Scott L. Harris fo'`'execute a Nutrition Program 1989 Budget
modification between the County of Suffolk Department for the Aging and the
Town of Southold, which modification results, in a zero net charge. .
21 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1990 Budget to
provide for overdrawn budget line:
To: A1910.4 ' Insurance, Contractual Expenses $ 63,000.00
From: A1990.4 Contingent, Contractual Expenses $ 63,000.00
22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the Southold Wastewater Disposal District to provide
for overage in Insurance line:
To: SS1 .1910.4 Insurance, Contractual Expenses $ 130.00
From: SS1 .8130.4 Sewage Treatment, Contractual Expenses $ 130.00
23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution. was declared duly ADOPTED.
24.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the.General Fund - Whole Town 1990 Budget for
the 350th Committee, to provide for 'T-shirt deposit (Ad Shoppe - $1 ,000.00)
and Journal preparation (Marston Assoc. - $3,235.75) , to be paid from 350th
Committee donations presently held in Trust E Agency Account:
To: Revenues:
A2795 Donations $ 4,235.75
Appropriations:
A7550.4 Celebrations, Contractual Expenses $ 4,235.75
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
.Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Councilwoman Larsen, seconded by Supervisor Harris.,. it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1990 Budget for
the transfer of monies from the Park & Playground Account to the General Fund
for payment of the regrading, infield work, weed control, etc. for the baseball
field at the Laurel Lake Park:
To: Revenues:
A2025 Special Recreation Facility $ 2,500.00
Appropriations:
A7110.2 Parks, Equipment $ 2,500.00
25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNCILWOMAN OLIVA: Yes, and do go look at it down at Laurel Lake. It's
really looks very lovely.
SUPERVISOR HARRIS: This provides for some of the recreational areas, that
we do have in the Town. We have approximately 41 acres total. That's all we
have, recreational space, and this addition with two baseball diamonds and so
on, is badly needed in the Town, and I hope we see a lot more of them in the
future.
26.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 Budget modifications to provide for funding for the Town of Southold
Employee Health Benefit Plan by Interfund Transfers for January and February,
1990:
General Fund - Whole Town:
To: A9901 .9 Transfers to Other Funds $ 59,828.40
From: A9060.8 Hospital & Medical Insurance $ 59,828. 40
General Fund - Part Town:
To: B9901 .9 Transfers to Other Funds $ 25,514.10
From: B9060.8 Hospital S Medical Insurance $ 25,514.10
368 MARCH 27, 1990
Highway Fund - Whole Town
To.: DA9901 .9 Transfers to Other Funds $ 6,661 .20
From: DA9060.8 Hospital 8 Medical Insurance $ 6,661 .20
Highway Fund - Part Town
To: DB9901 .9 Transfers to Other Funds $ 26,583.60
From: DB9060.8 Hospital & Medical Insurance $ 26,583.60
26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
refund of $18.28 to Thomas C. Kidney, which sum represents the purchase of
the Vehicle & Traffic Ordinance ($12.00 + $.90 tax) and a Town Road Map ($5.00
$.38 tax) ; whereas Mr. Kidney was concerned with the provisions of the Zoning
Ordinance (Chapter 100) - Commercial Vehicles - and was unaware he was pur-
chasing the wrong regulations.
27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was Idec,�ared duly ADOPTED.
28.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the ''own' Board of the Town of Southold hereby makes the following
appointments with respect -�o, the Friday and Saturday night teen dances: Linda
Dunn as a Youth Worker (s'Ubject to the approval of the Town Board following
an- interview) , effective immediately at a salary of $10.00 per hour, three (3)
hours per night, and Richard Isaacs as the deejay, effective immediately, at a
fee of $150.00 per night; said charges to be made to A7320.4, Joint Youth,
Contractual Expenses.
28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law,
State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter
44 of the Code of the Town of Southold, notice is hereby given that the Southold
Town Board, in conducting an uncoordinated review of this unlisted action, has
determined that there will no significant eff ect on the environment.
DESCRIPTION OF ACTION : Amendment of Chapter 100 (Zonin ) of the Code
of the Town of Southold by amending Section 100-191 (A) . The project has been
determined not to have a significant effect on the environment because an Environ-
mental. Assessment Form has been submitted and reviewed and the Town Board
has concluded that no significant adverse effect to the environment is likely to .
occur should the project be implemented as planned.
COUNCILMAN PENNY: This is an amendment to the Town Code for the required
number of parking spaces in marinas, one space per four dry racks, one space
per two boat slips, mooring or dock space, plus one space per employee.
29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, we will recess the rest of the resolutions,
and will now go into public hearing. Do I have a motion to do so?
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the purpose of
holding two public hearings.
Meeting reconvened at 8:40 P.M.
30.-Moved by Councilwoman Oliva, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town .Board of the Town of Southold
a proposed Local Law entitled, "A Local-Law in Relation to Zoning" (amending
Section 100-191 (A) ; now, therefore, be it
RESOLVED that -the Town Clerk be and she hereby is authorized and directed
to transmit this proposed Local Law to the Southold Town Planning Board and
the Suffolk County Department of Planning in accordance with the Code of the
Town of Southold and the Suffolk County Charter. Said proposed Local Law
reads as follows, to wit: ,
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1 . Chapter 100 (Zoning) of the Code of the Town of Southold as follows:
1 . Section 100-191 (A) is hereby amended to read as follows:
MARCH 27, 1990 369
Required Number
Type of Use of Parking Space
Marina 1 space per 4 dry
racks, 1 space per
2 boats slips, mooring
or dock space, plus 1
space per employee.
II . This Local Law shall take effect upon it filing with the Secretary of State.
30.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly. ADOPTED.
31 .-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby urges the New
York State Legislature to insure that the budget item of $800,000+ for the Depart-
ment of State's Coastal Management Division remains in the New York State budget,
whereas this allocation is critical for the health of our coastal waters and marine
resource.
31 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman 'Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
expenditure of a sum not to exceed $500.00 for the replacement of the buoy
marking the boulder in West Harbor, Fishers Island, with a piling, whereas said
boulder has been a navigation hazard and has 'beenstruck by several large sail-
boats in the past.
32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
I Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
33.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Senior
Bay Constable Donald Dzenkowski to attend a Oil Spill Preparedness Meeting to
be held at Jones Beach State Park from 10:00 A.M. to 3:00 P.M. , on April 3,
1990, and the use of a Town vehicle and $5.00 fee for lunch shall be a legal
charge against the Bay Constable's 1990 Budget.
33.=Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
34.-Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, the Town of Southold is engaged in an obstruction removal and lighting
Project at Elizabeth Field Airport, Fishers Island; and
WHEREAS, a concrete building, Battery 215, located on a hill directly in front
of the Runway 7 end, is an obstruction to the Runway 7 approach; and
WHEREAS, Battery 215 is currently leased by the Naval Underwater Systems Center
who does not use the aboveground portion of Battery 215 and has indicated they
will allow its demolition; and
WHEREAS, to proceed with the obstruction removal and lighting project the above-
ground portion of Battery 215 must be demolished to avoid shortening Runway
7-25 to an unusable length; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
demolition of the aboveground portion of Battery 215, located on a hill directly
in front of the Runway 7 end at Elizabeth Field Airport, Fishers Island, provided
the Town receives written permission from the Northern Division, Naval Facilities
Engineering Command, Philadelphia, Pennsylvania.
JUSTICE EDWARDS: I might add, this is our only airport in the Town of Southold,
that's owned by the Town of Southold.
34.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
35.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Fishers Island Fire Department to close the following Town roads for their
fund-raising marathon to be held on Sunday, May 27, 1990, between the hours
of 9:00 A.M. to 10:30 A.M. (or until the marathon is ended) , provided they secure
and file with the Town Clerk a one million dollar certificate of liability insurance
naming the Town of Southold as an additional insured: Mansion House Drive,
between Fox Avenue and Equestrian Avenue; Oriental Avenue, between Fone
Street and Athol; Althol, between Mansion House Drive and Crescent Avenue.
3 7 ® MARCH 27, 1990
35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
36.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Southold Town Conservation Advisory Council to sponsor a poster contest
for grade school children in the categories of (1) "Don't Feed the Swans", (2)
"Leaking Fuel Oil Tanks", (3) "Recycling", and award three (3) $50.00 savings
bonds to the best entry in each of the categories; cost of said savings bonds
to be a legal charge against the Conservation Advisory Council's 1990 Budget.
36.-Vote" of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
37.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Southold Town Conservation Advisory Council to expend an amount not
to exceed $275.00 for the purpose of engaging an airplane and pilot to fly CAC
member Stephen Angell over areas of Southold Town after a heavy rainfall so
he may photograph the heavy...runoff areas into the bays and creeks; cost to
be a legal charge against the:-Conservation Advisory Council's 1990 Budget.
37.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Fenny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
38.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Zoning" (amend Section
100-31B(7) ; now,. therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M. , Tuesday, April 10, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearing on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amende
as follows:
1 . §100-31B(7) is hereby amended by deleting subsection
(c) in its entirety and changing the lettering of
subsections (d) and (e) to (c) and (d) respectively.
II. This Local Law shall take effect upon its filing with the Secretary of State.
COUNCILMAN PENNY: The legislative intent of this, is the Town Board should
not be concerned with a profit making profit ability of uses which are permitted.
by special exception since the determination to permit such uses lies with the
province of ;the Zoning Board of Appeals. There was a sub-section in the Code
which stated that golf courses and tennis courts, beach clubs, etc. , once they're
allowed by special exception could not make a profit.
38.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
39.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Zoning" (amend Section
100-33) ; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:07 P.M. , Tuesday, April 10, 1990,
Southold Town Hall, Main Road, 'Southold, New York, as time and place for a
public hearing on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1 . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1 . 100-33 is hereby amended to read as follows:
In the Agricultural - Conservation District and Low - Density
Residential R-80, R-120, R-200 and R-400 Districts, accessory
buildings and structures or other accessory uses shall (may) be
located in the. required rear yard, subject to the following
requirements:
II.. This Local Law shall take effect upon its filing with the Secretary of State.
COUNCILWOMAN LARSEN : It changes the word may, is being taken out, and
the word shall is being added. The legislative intent behind this amendment
is to reinforce the understanding that the Zoning Code permits accessory structures
as a matter of. r'ight, in the rear yard area only; not in front or side yards.
MARCH 27 199.01
ta-
A
39.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
40.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to transmit a letter to the New York State Department
of Transportation urging them to correct the severe flooding and extremely
deteriorated area in the vicinity of Route 25 and Kerwin Boulevard, east of the
railroad overpass, at Greenport.
SUPERVISOR HARRIS: This resolution is asking for the DOT to quickly address
an area, which has been deteriorating over the year, and due to the winter has
been in an ecce lerated mode, and these holes have actually turned into craters,
and we're asking the State of New York to please, come and fix this area,
before a car completely disappears in one of these.
40.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
41 .-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby requests New
York State Department of Transportation to conduct a traffic study for the purpose
of removing the passing zone on Route 25, in the vicinity east of the railroad
overpass at Greenport.
41 .-Vote of the Town Board: Ayes: CouncilwomanLarsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I
42.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 Budget modification to General Fund - Part Town to appropriate
revenue received from the sale of two (2) 1986 150 HP Mercury outboard motors.
To:
Revenue:
B2650 Sale of Scrap S Excess Materials $ 1,651 .00
Appropriations:
133130.2 Bay Constable, Equipment $ 1 ,651 .00
42.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice. Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
43.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Tonw Board of the Town of Southold hereby authorizes the
release of the $250,000 Letter of Credit placed with the Town as a bond for
roads and improvements in the major subdivision of Homestead Acres, all in accor-
dance with the recommendation of the Southold Town Planning Board and Superin-
tendent of Highways Jacobs.
43.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This .resolution was declared duly ADOPTED.
44.-Moved by Justice Edwards, seconded by Supervisor Harris,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Boats, Docks and
Wharves; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:10 P.M. , Tuesday, April 10, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearing on the aforesaid proposed Local Law which reads as follows,- to
wit:
A Local Law in Relation to Boats, Docks and Wharves
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1 . Section 32-39.2 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
Section 32-39.2 Anchoring and Mooring in West Harbor and Hay Harbor.
A. All boats temporarily anchored in West Harbor and Hay Harbor
at Fishers Island shall anchor in an area assigned by the Harbor
Master or Bay Constable.
(1) Anchoring shall not be permitted for a continuous period
of more than three (3) days unless authorized by the
Harbor Master or Bay Constable, which authorization may
only be granted for emergency situations.
B. Permanent moorings in West Harbor and Hay Harbor at Fishers
Island.
3 7 ",
MARCH 27, 1990
II . This Local Law shall take effect upon its filing with the Secretary of State.
44.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
45.-Moved by Councilman . Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of $350.00 for legal services rendered to the Town of Southold by John
J. Guadagno, Esq. in connection with Yu v. Town of Southold.
45.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
46.-Moved by Councilwoman Olvia, seconded by Supervisor Harris,.
WHEREAS, a proposed Local Law No. 3 - 1990 was introduced at a meeting of
this Board held on the 13th day of March, 1990; and
WHEREAS, a public hearing was held thereon by this Board. on the 27th day of
March, 1990, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No 3 - 1990 be enacted as follows:
LQCAL LAW NO. 3 - 1990
A Local Law in Relation to Taxation
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Section 85-2.A. is amended to read as follows:
A. If the income of the owner or the combined income of the owners
of the property for the income tax year immediately preceding the
date of making application for exemption exceeds the sum of twelve
thousand twenty-five dollars ($12,025.00) . "Income tax year" shall
mean the twelve month period for which the owner or owners filed
a personal income tax return or, if no return is filed, the calendar
year. Where title is vested in either the husband or the wife,
their combined income may not exceed such sum. Such income
shall include social security and retirement benefits; interest;
dividends; total gain from the sale or exchange of a capital asset,
which may be offset by a loss from the sale or exchange of a
capital asset in the same income tax year; net rental income;
salary or earnings; and the net income from self-employment, but
not' including a return of capital, gifts or inheritances. In
computing net rental income and net income from self employment,
no depreciation deduction shall be allowed for the exhaustion,. wear
and tear of real or personal property held 'for the production of
income.
II. This Local Law shall take effect upon its filing with the Secretary of State.
46.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: This ends the regularly scheduled portion of our
meeting. Before we finish up with Councilman reports, those Councilman who
do have comments to make, I will ask the public if they have anything they
would like to address this Board on, and I will start at this time, on my right.
Come forward, please, and state your name. Thank you.
WILLIAM PELL: Billy Pell from Greenpgrt. Good evening, Town Board, Attorney.
I enjoyed reading your Town address. There are a couple of parts I would like to
clarify, if you would, please? I'll read it to you, one line, Scott. The Town
will save $89,000.00 as part of a compromise settlement reached this year with
the PBA. Having saved $89,000.00, what did you do?
SUPERVISOR HARRIS,: The PBA contract was signed in September of 1989. That
contract contained a statement, which says the Town will enter into a 1 /60th
retirement contract, which is retirement for the Southold Town Police Officers,
once obtaining twenty years on the force. If we had signed at that time, and
agreed to the 1 /60th bill, we would have had to pay $89,000.00 into the retirement
system in 1989, and then in 1990 would have had to pay another $122,000.00
starting January 1st. By waiting until, and working this out with the PBA,
unfortunately they filed. a greivance, because the Town had dragged it's feet
during that time frame, so September through we agreed with the PBA to enter
into the 1 /60th bill as of April 1 , which is the fiscal year of the State, and by
entering into that contract as of April 1 , a payment was then due as of December
31 , 1990, only for the 1990 portion, the 1989 was alleviated.
WILLIAM PELL: What? Explain me the 1 /60th now.
'r`C..ti..
11
MARCH 27, 1990 373
SUPERVISOR HARRIS : The 1 /60th bill is a bill that/ adds a retirement to the
natural retirement of a police officer after twenty years. For every year above
twenty years, that he serves, he gets an extra retirement added to his pension,
an actual percentage.
WILLIAM PELL: So that's going to cost the Town every year from now on?
SUPERVISOR HARRIS: Yes. That's right.
WILLIAM PELL: Approximately how much?
SUPERVISOR HARRIS: $122,000.00 for 1990.
WILLIAM PELL: Will it stay at that, or will it go up to the amount of police. .
SUPERVISOR HARRIS: It will actually. drop because as tier one members drop
out, and tier two people come on board, the tier one contributions are much higher,
than tier two, so the Town in a long run will eventually start reducing that
amount to be paid.
WILLIAM PELL: Is this appropriated in the contract, or. is it a State. law?
SUPERVISOR HARRIS: It was negotiated in the contract, when they signed it
in September of 1989. Yes.
WILLIAM PELL: It, also, covers the spouse, if the officer. .
-SUPERVISOR HARRIS: Yes;" 'if they elect to,: there's three different retirement
packages, that an officer can actually sign himself to, once he goes into the
system.
I
WILLIAM PELL: One other thing, Tom's not here tonight, is anybody prepared
to give an update on the Waste Management?
SUPERVISOR HARRIS: At this time Tom is away, and he will be back, hopefully,
in the next couple of days, so at the next meeting, I'm sure he'll be able to.
WILLIAM PELL: When do you plan ,to meet with the DEC, and what is the agenda?
I read about a 28th meeting or something.
SUPERVISOR HARRIS: The agenda is set up by the Task Force Technical Advisory
Committee. We are meeting with the DEC tomorrow morning to go over the hydro-
logical. studies and other areas, that the DEC would like discuss. It's called
the pre-application meeting.
WILLIAM PELL: Was there a consent order approving this?
SUPERVISOR HARRIS: The consent order was on an agenda, that they had' sent
out. However, this Town has not received any consent order to date from the
legal department of the Department of Environmental Conservation.
WILLIAM PELL: Do you feel that a consent order will be discussed tomorrow?
SUPERVISOR HARRIS: It appears to me, if the agenda has it on it, it would
probably come up in discussion. I noticed on their agenda, they had a person
from their legal department attending, as I will also, have a person from our
legal department attending.
WILLIAM PELL: Is that a open or closed meeting tomorrow?
SUPERVISOR HARRIS: As far as I know, it is a closed meeting, that was set
up with the Task Force and the DEC in Stony Brook Building 40.
WILLIAM PELL: Stony Brook up there? Thank you. You said closed, right
Scott?
SUPERVISOR HARRIS: That's what I understand. Yes. Is there anybody else
have anything else they'd like to bring before the Board?
CHARLES ZAHRA: Good evening. My name is Charles Zahra from Mattituck.
Scott, what I'd like to do here, I intend to do this evening, for your benefit,
and unfortunately Mr. Wickham is not here, it's for his benefit, more importantly
was to establish a record as to why I continue to come before you, in regard
to this letter of October 16, 1989, for which at this time has not been completely
responded to by the Town Board. A little history. My disclosure of the Building
Department's files, which span approximately ten years, if you recall, it was
374 MARCH 27, 1990
August 8th of 1988, 1 brought a portion of this material before the Town Board
under the direction of Frank Murphy. Judy Terry was present, George Penny,
Mr. Schondebare, the Town Attorney, Ruth Oliva, Jean Cochran, Ellen Larsen,
were all present. Here's a copy of those minutes. I don't believe Judy has
a copy of this. I paid for a private recorder to provide me with these.
TOWN CLERK TERRY : That was in a work session.
CHARLES ZAHRA: 'It does say minutes of work session. I distinctly remember
Frank Murphy saying not to take notes.
TOWN CLERK TERRY: Not to record.
CHARLES ZAHRA: Not to record it, so I don't know what that meant.
TOWN CLERK TERRY : We never do.
CHARLES ZAHRA: So you don't have a record of it? If you'd like one, I have
one: The material I presented was responded to at a later date by the Zoning
Board of Appeals, and then the Town Attorney Jay Schondebare._ See the date.
I see a date here of September 26, 1988 of Jay Schondebare for his portion of
it. In any event, I 'can note find on record anything that was done with regard
to this material. Now for the most part, the material was answered, concluding
on feelings what was taking place in the Building Department. Yet nothing
was done. Now, I've continued to monitor the Building Department since that
time, and I see that the same thing continues to go on, and basically it's what
I consider to be a blatant disregard for the Code as it's written, and as he
is expected,. he or she whoever in the Building Department, is expected to carry
it out to it's extent, and this is what concerns me. Now, this brings me to
a letter of October 16, 1989. After I submitted that letter, shortly thereafter
at a work session, again unrecorded, I asked Mr. Murphy as to what was taken
place with it, and at that time he told me it was turned over to Jay Schondebare.
December 27, Mr. Murphy said that it was turned over to the Building Department.
(tape change) 1 /9/90 again, I asked the Town Board and I was told several
things, one of which that they were lacking in the legal department. George
said at the meeting, he would go back and spend some time with the attorney,to brinc_
it to; his attention•._At thatmeeting, I was privy to a in-office memorandum from the
Building Department, and the following meeting I tried to. receive a copy of that
letter, and no one seemed to know anything about it, so the following day I
submitted a freedom of information form and several days thereafter I received
a letter. T-he letter is dated December 1, 1989. Now, Mr. Murphy said they
were going to look into it 12/7. Here they'd already gotten an answer from
the Building Department December 1st. Now, on the 14th, 2/14/90, 1 received
a letter from Mr. Matthew Kiernan, Assistant Town Attorney, along with a letter
from the Building Department. This is a duplicate letter, I'd already received
it on my own, through the freedom of information. In it, it says, last paragraph,
should you wish to discuss your earlier communication in response to the
Building Inspector, would you at your earliest convenience contact this office,
either myself or Mr. Arnoff, the new attorney. We'll be pleased to discuss this
matter with you. I do not wish there be any misconception in regard to your
inquiry. February 15th, I sent the letter to the entire Town Board regarding
this matter, again, and asking for a response to the letter. March 5th, I
received a letter from Mr. Arnoff, in reference your letter to the Town Board,
February 15th, please be advised that the Town Board referred the matter for
investigation, and appropriate action, if warranted, to the Zoning Board of Appeals.
Upon securing .their response, I ask again to be in touch with you, so as to
satisfy your earlier request. I checked down at the Zoning Board of Appeals
Office, and the secretary told me that they had not been notified officially of
this matter. Now this was Friday. I spoke to Gerry, the Chairman of the Zoning
Board of Appeals, he, also, told me that they had not been notified officially,
of this matter. I find this very confusing and frustrating. There's such a
thing as being timely. This is not being timely. Again, I'll read for.
Mr. Arnoff, I ask again to be in touch with you, so as to satisfy your.early
request. I called Mr. Arnoff yesterday, and seemed to think it was violation
of proffessional ethics to be speaking to him, due to the fact that I'm in litagation
with the Town. Well, I'm not an attorney, so I'm at a loss to challange that,
although I believe he may be wrong. I feel that. one has nothing to do with
the other. They're two entirely different matters. At the same time, I felt
I was acting responsible to his request. Now, again, I'm confused. One other
thing, can I have a response from someone at this point?
SUPERVISOR HARRIS: Mr Zahra, I'd be glad to entertain the Town Attorney,
to comment on some of your. .
CHARLES ZAHRA: I don't know, he said he's not allowed to speak to me. Are
you sure this is alright?
SUPERVISOR HARRIS: It's gone through the Chair.
}. 4'
MARCH 27, 1990 375
TOWN ATTORNEY ARNOFF: Wr Zah' Y'm not going to debate with you this
evening. That's not my style, although I don't know that it's .yours, however,
I will point out a few things to you, so as to clarify what I said to you. You
are represented by counsel, qualified counsel. Eric Bressler is your attorney.
Let it be known that fact exists, and has been known to me in numerous conversa-
tions with Mr. Bressler. I, in fact, discussed this matter,amongst others,with
him in his office one day within the past month. I told him that we were continuing
our investigation, and that I would copy him with any of our correspondence
with you. He thanked me for that. Prior to that, I had written this letter
to you. I will say to you., that having done that, I said, and I stand upon
my earlier position, that any off the record discussions with you, when you
have not formally waived your right to counsel when knowingly represented
by counsel might be a breach of ethics by me, and I certainly did not want
to put myself in that position, and if ,you recall, my request to you is quite
simple. Have Eric call me, or have him drop me a note authorizing me to speak
with you in his absence, and I would be pleased to discuss any facets of any
case with you, involving you. You said, no, you wanted to make a speech
before the Board tonight, so here you are. Now, let me now address some of
the issues, which you presented. I can not answer for what'Mr. Murphy has
choosen to do between the months of October and January. I certainly can
not answer for my predecessor did, or did not do, until I got here in the early
part of February. However, I can assure you, that before I was ever sworn
in as Town Attorney, I saw your communication, the October communication,
and made an inquiry as to why it was not answered. I dictated a response
to you, saying that I feel that the December 1st letter is atleast a starting place,
why don't we send it to Mr. Zahra? I had no knowledge that you had already
requested that information through other channels. It took a few days. There
was a changing of the guard, so to speak, secretarial personnel had to become
acquainted with my style, and the letter to 'you went out signed by Mr. Keirnan,
because even as of that date I had not be sworn in. To go further, when we
j received your communication, ,your next communication, saying, hey, I'm not
satisfied with your response. I took .the matter under advisement, and I said
I think you're correct. So we're going to refer the matter to appropriate agency,
that being the Zoning Board of Appeals. Now, we're talking about two weeks,
Mr. Zahra, not two months, not five months, since I've been involved with the
case. I will say to you, that I have an inter-office memo here dated March
2nd, giving this matter to the Zoning Board of Appeals. As recently as this
evening, I met with Mr. Goehringer, myself, and I have no explanation as to
-why that memo never reached Mr. Goehringer. It will be in his office, together
with the appropriate file tomorrow morning, but I can assure you, and you're
welcome to look at, the copy of the letter of transmittal between myself and
Mr. Goehringer dated March 2nd. Now, I don't even attempt, I'm .not even
attempting to respond to your inquiries. That is a matter for another Board,
and is not for me to comment at this point, but I certainly trust that answers
your question.
GHARL.ES =7ANR.A:Thank you very much. Maybe, I could ask George a question
here, being he was under that previous administration when these minutes were
taken. Maybe you'd like to comment why no action was taken at that time, with
regard to these questions, that were brought up, and the answers given by
the Town Attorney, and the Zoning Board of Appeals. I don't mean to pick
you out, George, but you were there.
COUNCILMAN PENNY: It was deferred to council at that time. That's exactly
what you were told before was true.
_CHARLES ZAHRA':That it was referred to counsel?
COUNCILMAN PENNY : That's right.
CHARLES ZAHRA:When I spoke to Mr. Schondebare, in cluclusion of his remarks,
he told me at that time, that it was up to the Town Board. - I'll read to you
the comment from Mr. Schondebare's response.
TOWN ATTORNEY ARNOFF: Mr. Zahra, before you read a little more into the
record, I'd like to know what your purpose is in dwelling on the past. We are
here. This is a new administration. I'm new to this job. I have told .you,
that within virtual my immediately ascending to this postion, I took care of your
request. Now, if there was a procedural snafu, that managed to tie this up
for .another week, that's my fault. I take the blame for that, but I -think that
to go back to why Mr. Murphy, and he's not here to answer your question,
did or didn't do anything, is a waste of everyone's time. You're free to. do
so. This is a public forum, but I think you should know that.
CHARLES ZAHRA: First off, I'm not asking Mr. Murphy, as to what he did.
I asked George as to what took place. Second, regardless if it's a new administra-
tion or not, the material is still basically fresh, and timely. Okay? I've researched
it. Okay? If one commits a murder three years ago, and a new attorney takes
' nvcr .-Inoc +hat racnlvP the miir�7c^7
3 7 6 MARCH 27, 1990
TOWN ATTORNEY ARNOFF: Certainly not.
CHARLES ZAHRA: Maybe it's a poor analogy.
TOWN ATTOWNEY ARNOFF: I think it is.
CHARLES ZAHRA: But I'm trying to make a point here.
TOWN ATTORNEY ARNOFF: I think it's a very poor analogy, Mr. Zahra.
CHARLES ZAHRA: Bear with me, I'm not as qualified as you are.
TOWN ATTORNEY ARNOFF: Which is precisely why I said I'd prefer to talk
to your attorney.
CHARLES ZAHRA: This is from the office of the Town Attorney, Mr. Schondebare,
and his comments on the bottom, with respect to what George mentioned, that
it was turned over to counsel. His comments on the bottom he goes, the following
memos. . . ... . 1, also enclose for your consideration and guidance, the opinion
of the State Comptroller concerning the Town Board's apparent to investi-
gage allegations of misconduct. At the present time, and until the Town Board
decides otherwise, material .contained herein is confidential, and not subject
to the freedom of information. Basically, that was his answer back to you,
the Town Board., so you can't blame Jay for it. The ball is back in your court.
I'd like to read, basically, 'what the State Comptroller says. He says the Town
Board has inherent powers to investigate legitimate allegations of misconduct
on the part of Town officers 'or employees. Just wanted to enter that for the
record. i •
TOWN ATTORNEY ARNOFF: Mr. Zahra, I believe the Board is fully aware
of what they're in power to do, and not do.
CHARLES ZAHRA: You can't answer that question, George, I asked you?
COUNCILMAN PENNY: What question? You've given a lot of different things
here, Charlie, and without having the opportunity to review the statement and
the time frames and the dates of the material; which you are reporting from
here, which is six months old. I'm sorry, I don't feel free to comment on it.
This is not an inquisition. This is a Town Board meeting.
CHARLES ZAHRA: So you're saying, that you don't have copies of any of this
material, that you sat in on?
TOWN ATTORNEY ARNOFF: I don't think that. was said at all, Mr. Zahra. I
find it objectionable that you're characterizing what certain people are saying
in another light. I think the record is being .made here, and it's quite clear
what they're saying, and you're choosing to verbally change that. I think,
it's not only improper, but calculated on your part to do something other than
attempt to glean the information you seem to want so desperately.
CHARLES ZAHRA: I just want some answers to a question.
TOWN ATTORNEY ARNOFF: And we're attempting to get it for you, sir, and
that's my response.
CHARLES ZAHRA: When can I expect that answer? In what form?
TOWN ATTORNEY ARNOFF: Once the Zoning Board makes a determination,
we will, again, be in touch with you, but not until. You'll have to take that
up with the Zoning Board after it's in their hands, which should be tomorrow.
CHARLES ZAHRA: Thank you very much for your time and consideration, ladies
and gentlemen.
SUPERVISOR HARRIS: Thank you, Mr. Zahra. Is there anybody else? (No
.response.) Is there anyone from the Board have anything further to add?
COUNCILWOMAN LARSEN : I would like to. .John Baglivi, the President of the
PBA, his wife had a baby girl , and .today the Town Board offers their congratu-
lations.
MARCH 27, 1990 377
SUPERVISOR HARRIS The n=: Boa`,rd: certainly offers it's congratulations.
Motion to adjourn?
Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 9:20 P.M.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
/udith T. �`erry
Southold Town Cler
I